YALE UNIVERSITY
LIBRARY
CORRESPONDENCE -T ¦¦
BETWEEN
HIS EXCELLENCY SIR G. GREY, K.C.B.,
GOVERNOR OF THE COLONY OP THE CAPE OF GOOD HOPE AND
HIGH COMMISSIONER, &c, &c,
HER MAJESTY'S PRINCIPAL SECRETARY OE STATE
FOR THE COLONIES,
ON THE AFFAIRS OF TUB
:
CAPE COLONY, NATAL, AND ADJACENT TERRITORIES.
1855-57.
da.^e- of (road. Hope. (reverter , I SsV- )<;&( (Ca ey)
f raentefo to W| posts jtf parliament hj ammanb' jrf ps teltaaB tfee (ijoternor.
APRIL, 1857.'
CAPE TOWN: >'
SAUL SOLOMON & CO., STEAM PRINTING OFFICE, 63, LONGMARKET-STREET, » '
NEAR ST. GEORGE'S-STREET. , ,- I
1857.
INDEX.
Frontier .
Governor Sir George Grey
to Lord John Russell
British Kaffraria.
Adam Kok..
Natal ,
Mr. Labouchere to Gov.
Sir G. Grey
Governor Sir G. Grey to
Sir William Molesworth
Sir G. Grey to Mr.
Labouchere
Governor Sir George Grey
to Sir W. Molesworth
Mr. Labouchere to Sir
George Grey
Governor Sir George Grey
to Sir; W. Molesworth
Mr. Labouchere to Sir
George Grey
Governor Sir George Grey,
to Mr. Labouchere
Governor Sir George Grey
to Mr. Labouchere
Governor Sir G. Grey to'
Mr. Sidney Herbert
Secretary Sir G. Grey to
Governor Sir G. Grev
Governor Sir G. Grey to
Sir W. Molesworth
Mr. Labouchere to Sir G.
Grey
Sir G. Grey to Mr. La
bouchere
Governor Sir G. Grey to
Lord John Russell
Page.
Transmitting for Her Majesty's
sanction the Act for organising
the Frontier Mounted Police 8
Reporting the provision made by
the Colonial Parliament for the
defence of the frontier ; 9
Recommending that such military
pensioners as had appliecf to emi
grate for service on the frontier,
be allowed to do so 69
Transmitting, in reply to the above,
a communication from the War
Department 210
Recommending the encouragement
of emigration to the frontier 70
Remarking on the large locations of
Fingoes, and other natives on the
immediate frontier 166
Submitting a system for the better
administration of justice in Brit
ish Kaffraria 86
Approving generally of the above
measure 207
Transmitting a return of Public
Works in British Kaffraria, exe
cuted by Kafir labour ., 114
In reply, expressing satisfaction at
the above 208
Transmitting a statement of the
losses sustained by the Kafirs, on
account of the horse and cattle
diseases 148
Reporting on the state of British
Kaffraria 151
Submitting Estimates of Revenue
and Expenditure for 1857 168
Transmitting a communication from
Adam Kok, praying that his
annual stipend may be secured
to him "... l
Acknowledging the above 177
Recommending that Adam KoVs
stipend be paid from Imperial
Funds •. 71
Sanctioning the payment of the
above stipend from Imperial Funds
for the present 208
Acknowledging the above 124
Stating the readiness with which
Lieut. -Governor Pine offered to
forego his leave of 'absence, and
return with His Excellency on a
visit to Natal ¦ 12
Proposing to inquire personally, and
report upon Mr. Shepstone's pro
ject to locate some of the Zulu
population in Faku's country 13
IV
Natal.
Secretary Sir G. Grey, to
Governor Sir G. Grey
Governor Sir G. Grey to
Lord John Russell
Mr. Labouchere to Sir G.
Grey
Sir G. Grey to Mr.
Labouchere
Governor Sir G. Grey to
Lord John Russell
Mr.Labouchere to Governor
Sir G. Grey
Governor Sir G. Grey to
Lord John Russell
Mr.Labouchere to Governor
Sir G. Grey
Governor Sir G. Grey to
Lord John Russell
Mr. Labouchere to Sir
G. Grey
Governor Sir G. Grey to
Lord John Russell
Mr .Labouchere to Governor
Sir G. Grey
Governor Sir G. Grey to
Mr. Labouchere
Governor Sir George Grey
to Lord John Russell
Mr. Labouchere to Sir G.
Grey
Governor Sir G. Grey to
Lord John Russell
Mr.Labouchere to Governor
Sir G. Grey
Governor Sir G. Grey to
Lord John Russell
Mr. Labouchere to Sir G.
Grey
Governor Sir G. Grey to
Sir W. Molesworth
Mr. Labouchere to Sir. G,
Grey
Page.
Approving of the above proposal .... 177
Reporting on the projected scheme
of Mr. Shepstone 52
In reply to the above 200
Transmitting copy of a letter from
Lieut.-Governor Pine on the above
subject 201
In reply to the above 174
Reporting his return from Natal,
and the favourable condition of
that and other territories 17
In acknowledgment of the above 180
Proposing that the law regarding
disposition of property be altered
as to its operation on the issue of
marriages contracted without the
limits of Natal 18
Stating that an ordinance for the
above object has been passed and
sanctioned 215
Recommending the introduction of
coolie labourers into Natal 30
Transmitting in reply to the above,
extracts from a report of the
Emigration Commissioners 203
Transmitting copy of a communi
cation from the East India Direc
tors, on the above subject 205
Reporting on measures for the future
Government of Natal 34
Recommending certain alterations
in the Executive Council of Natal,
contingent upon the introduction
of Representative Institutions 48
Transmitting a memorandum from
Lieut.-Governor Pine on the in
troduction of Representative Insti
tutions into Natal 178
In reply to the above 123
Charter of Natal 218
Reporting on the applicability of the
" Local Councils Ordinance " to
Natal 49
In reply to the above. Ordinance
left to its operation 181
Reporting on memorials from parties
in Natal in favour of introducing
convicts into that settlement 50
In reply to the above 200
Proposing measures for the greater
efficiency of judicial establish
ment of Natal 51
In reply to the above 182
Reporting an alteration in the system
of selling Crown lands at Natal. . . 73
Transmitting extract from a report
of the Land and Emigration Com
missioners on the above 211
Natal.
Governor Sir G. Grey to
Mr. Labouchere
Governor Sir G. Grey to
Sir W. Molesworth
Mr.Labouchere to Governor
Sir G. Grey
Governor Sir G. Grey to
Mr. Labouchere
Orange Free State. Governor Sir G. Grey to
Lord John Russell
Mr. Labouchere to Sir
G. Grey
Governor Sir G. Grey to
Mr. Labouchere
Mr.Labouchere to Governor
Sir G. Grey
Panda Governor Sir G. Grey to
Lord J. Russell
Governor Sir G. Grey to
Secretary Sir G. Grey
Mr. Labouchere to Sir
G. Grey
Mr.Labouchere to Governor
Sir G. Grey
Rebel Hottentots. Governor Sir G. Grey to
Mr. Labouchere
Slavery..
Mr .Labouchere to Governor
Sir G. Grey
Governor Sir G. Grey to
Mr. Labouchere
Mr. Labouchere to Sir
G. Grey
Mr.Labouchere to Governor
Sir G. Grey
Page.
In reply to the above 146
Recommending an application from
the Acting Lieut.-Governor of '
Natal for a supply of arms to the
local infantry corps 85
In reply to the above 209
Transmitting a despatch from the
Lieut.-Governor of Natal, relative
to postal communication with
England 144
Transmitting correspondence with
President of Free State requesting
advice and assistance, and report
ing an interview with the Presi
dent and Moshesh 20
In reply to the above 181
Transmitting a communication from
the President of the Free State,
regarding the relations between
Moshesh and that State 141
Approving of proceedings adopted,
in consequence of the above com
munication 215
Transmitting a communication from
Signor Rebello, requesting inter
ference in restraining Panda from
a contemplated attack on the
Portuguese Settlements 16
Transmitting Panda's reply to a
communication made to him on
the above subject 121
Acknowledging the above 214
In reply to the despatch enclosingcor-
respondence with Signor Rebello. 182
Conveying the thanks of the Portu
guese Government for the good
offices rendered on the above
occasion 199
Reporting the issue of a Pardon to
Rebel Hottentots who had taken
refuge in Kreili's country 145
Sanctioning the above measure 215
Relative to the capture and sale of
Natives, by Europeans residing
beyond the colonial limits ." 126
Transmitting opinions of the Crown
Law officers on the proceedings
reported above 216
Transmitting a communication from
the Arbitrator of the Mixed
British and Portuguese Commis
sion, relative to alleged slave-
dealing among the Trans -Vaal
Boers 183
Erratum. — Page 121, par. 3, 3rd line: for " that he differs," lead " that he suffers.''
DESPATCHES, &c, &c.
Governor Sir George Grey to the Right Hon'ble
Sidney Herbert, M.P.
[No. 12.] Government House, Cape Town,
23rd May, 1855.
Sir, — I have the honour to transmit the copy of a letter No. l.
which I have received from Captain Adam Kok, of the
Griquas. 2. It appears by a treaty entered into by Adam Kok with
Sir Peregrine Maitland, that the Griquas were to receive a
certain portion of the quitrents of a specified tract of coun
try ; but by a subsequent arrangement, made by Sir H.
Smith, an annual stipend of i?300 was to be paid to Captain
Adam Kok and the Griquas, in lieu of these quitrents, —
which stipend was regularly paid until the abandonment by
Great Britain of the Orange River Sovereignty.
3. It appears that when this event took place, Her
Majesty's Special Commissioner admitted Adam Kok's right
to the continued payment of this stipend, promising that, in
future, it should be paid to him by the British Government,
through the civil commissioner of this colony who is
resident at Colesberg.
4. It further appears, from Sir George Clerk's letter to
Adam Kok, dated the 8th February, 1855, that, upon
further inquiry, the contemplated charge had not been
regularly provided for, and that all he could do in this was
to recommend Her Majesty's Government to provide for the
annual payment to the Griquas, as promised by Sir H,
Smith. Under these circumstances, I have the honour to request
that I may be informed what is the nature of the reply which
Her Majesty's Government would wish me to return to
Adam Kok.
N°- 2- 6. I also enclose the copy of a letter addressed to me on
this subject by the Rev. Edward Solomon, the missionary
residing with Adam Kok. I have, &c,
(Signed) G. GREY.
[Enclosure 1 to Despatch No. 12.]
Philippolis, 19th March, 1855.
His Excellency the High Commissioner.
Sir, — I have the honour to acknowledge the receipt of your answer,
through the Rev. W. Thompson, and have to thank you for having
forwarded a copy of my letter to Her Majesty's Government in
England. I shall await the reply with some degree of hope that justice
will be done me and my people.
But there is one point on which I did not touch in my letter to
Your Excellency, as on that subject I was, when I wrote to Your
Excellency, still in correspondence with Her Majesty's Special Com
missioner ; but that correspondence having terminated, and that to me
most unsatisfactorily, I take the liberty of now bringing it before Your
Excellency's notice. The point to which I refer is the annual stipend,
paid to me and my people, of £300. This sum, as Your Excellency
may be aware, was promised me in perpetuity by Sir H. Smith, in lieu
of a certain portion of quitrents, to which I was entitled by my treaty
with Sir P. Maitland.
My right to this stipend has never been called in question, and was
expressly admitted by Her Majesty's Special Commissioner, who distinctly
promised, among the last words he spoke to me, that this sum would in
future be paid me by the British Government, through the Civil Com
missioner of Colesberg.
But on my application to that officer, at the expiry of the past half-
year of 1854, I was informed by him that he had received no orders to
pay me.
I then wrote to Her Majesty's Special Commissioner, but received no
reply. I wrote again some months ago later, and received an answer
to the effect that when he made the promise of paying this stipend, he
was labouring under an erroneous impression as to the source whence
this money was drawn, having supposed it was paid by the Colonial
Government ; but having discovered subsequently that he was mistaken
in this supposition, all he can do now is to recommend the British Gov-
vernment to pay it.
Your Excellency will at once see that such a recommendation is
unnecessary. This point does not come under the head of fresh arrange
ments in which the British Government is to be consulted; but is
merely the demand for the settlement of a just and acknowledged debt.
Her Majesty's Special Commssioner should have known from what source
this stipend was paid, and should have made provision for the con
tinued payment of it before he took the important step of ceding the
Orange River Territory to another Government. His having neglected
to do so can be no valid reason for my being deprived, or being delayed
in obtaining what he himself admits I am entitled to.
I therefore feel confident that, as soon as Your Excellency is ac
quainted with my claim, some arrangements will be made for its
liquidation ; and in this confidence I have requested the Rev. Edward
Solomon, who has for some years been the missionary among my
people, to wait upon Your Excellency with this letter ; and have further
given him full power, as my agent, to receive from Your Excellency the
sum of £300, due to me and my people for the year ending the 31st
December, 1854.
Trusting that Your Excellency will be able to meet my wishes in
reference to this matter, I have, &c,
ADAM KOK, Kaptyn.
[Enclosure 2 to Despatch No. 12.]
Cape Town, 11th May, 1855.
His Excellency Sir George Grey,
Governor and High Commissioner.
Sir, — I take the liberty of forwarding to Your Excellency copies of
correspondence between Her Majesty's Special Commissioner and the
Chief Adam Kok. Some of this correspondence being contained in the
pamphlets enelosed, marked respectively 1, 2, 3, I thought it better to
send the pamphlets for Your Excellency's perusal.
Unfortunately, the letter marked 4, addressed by Adam Kok to His
Excellency the late Sir George Cathcart is incomplete. I thought I
had the whole with me, but now find that I must have left a part of it
behind. It is, however, not of much importance, as Your Excellency
will perceive that it is merely a request that he (Adam Kok) should be
allowed to purchase ammunition in the colony. His Excellency's
answer is marked 5.
To the letter from Adam Kok to the Special Commissioner, under
date September 5, 1854, marked 8, no answer was given. Another
letter was written by Adam Kok, under date 30th December, 1854; — of
this letter I have no copy with me, but it was merely repeating his wish
to know how the yearly stipend of £300 would be paid him. To this
letter the communication from Her Majesty's Special Commissioner,
under date 8th February, 1855, marked 9, is the answer.
The respective treaties entered into between the British Government
and Adam Kok, to which I referred Your Excellency may be found, in
the following books.
The treaty made by Sir P. Maitland, 5th February, 1846, will be
found in the Blue-book, " Further correspondence on the Orange River
Territory : May, 1853,— page 129 The articles in the treaty specially
referring to the stipend are Nos. 30 and 31.
The treaty made by Sir H. Smith, in January, 1848, will be found in
the Blue-book, " Correspondence relative to Kafir Tribes," July, 1848,
page 62. The section referring to the stipend is No. 1.
The treaty made with Sir George Napier was dated 5th October,
1843. I have not been able to find this treaty in any Blue-book, but it is
probably preserved in the .Colonial Office, or may be seen in the Govern
ment Gazette of October," 1843.
¦ !b 3f "
Should Your Excellency require any explanation of any point in the
correspondence, or of any other matter connected with the subject which
may occur to Your Excellency, I should, with much pleasure, do myself
the honour of waiting upon Your Excellency at any time Your Excel
lency may appoint. Any note from Your Excellency's private secretary
left at Mr. Saul Solomon's office, will reach me without delay.
I have, &c, EDWD. SOLOMON.
[Enclosure No. 4 to above Letter.] 25th March, 1854.
His Excellency Sir G. Cathcart.
Sir, — The momentous change that has recently taken place in the
government of the country north of the Orange River, compels me to
address Your Excellency on a subject of considerable importance to
myself and people.
In 1843, 1 entered into a treaty with His Excellency Sir G. Napier,
then Governor of the colony, in virtue of which I had the privilege of
giving my people powder permits, which entitled them to purchase
ammunition at Colesberg.
Some time after the proclamation of the Sovereignty, it was deemed
advisable that my people should get their supply of ammunition from the
villages in the Sovereignty, which they did on a note signed by myself.
Subsequent to the passing of a more stringent law by the colonial
legislature, regulating the sale of ammunition, it became necessary for my
note to be countersigned by the British Resident or Resident Magistrate of
Bloemfontein, before my people could obtain the ammunition they needed.
But now Her Majesty's Government having withdrawn from the
Orange River Territory, all my hopes of getting ammunition in this
quarter are at an end, and I have no other resource left but to apply to
Your Excellency.
In my treaty with Sir G. Napier, under date 5th October, 1843, it
was stipulated : — "2. That he (A. Kok) shall be supplied with one
hundred stand of arms, with a reasonable quantity in proportion of
ammunition, and more of the latter as occasion may require, to be
placed in charge of the Civil Commissioner of Colesberg, in order to be
issued to him on his application to that officer."
Ammunition is, in this country, one of the necessaries of life. Many
of the poorer of my people have to get their supply of meat by killing
the game in which this country abounds ; and were hunting discontinued,
our crops, as well as our pasturage, would be destroyed by the game.
So that for the defence of our crops, and for the supply of food, as well
as for our own protection, I have to beg that Your Excellency —
[A true copy : Edward Solomon.]
[Enclosure No. 5 to above Letter.']
Government House, Cape Town, 23rd May, 1854.
Captain Adam Kok, Chief of the Griquas, Philippolis.
Sik, — I have received your letter of the 25th March, 1854, addressed
to me as Governor of the Cape of Good Hope, in respect to future
arrangements for a supply of gunpowder, for the use of your people.
I have submitted your letter to Her Majesty's Special Commissioner
for the affairs of the Orange River, as there are some questions at present
pending, which must be settled before it can be clearly understood in
what precise relation you and your people stand to the colony of the
Cape. Until then, it is not possible to give any more definite answer
than that should these matters now pending be satisfactorily adjusted,
there will be no disposition, on the part of Her Majesty's Government, to
withhold from you the privilege, under certain regulations hereafter to
be made, of purchasing gunpowder in the colony, sufficient for the
legitimate purposes of your people.
(Signed) GEO. CATHCART, Governor.
[Enclosure No. 6 to above Letter.]
Philippolis, 11th July, 1854.
Her Majesty's Special Commissioner.
Sir, — My object in writing to you at this time, is to ascertain if the
terms you proposed to me and my raad, some months ago, are still open
for our acceptance. If so, we would wish negotiations to be reopened,
with a view of giving our consent to those terms in a somewhat modified
form. I would, however, wish it to be distinctly understood, that I give my
consent to your poposals, not because convinced of their justice, for I
still retain my. opinion that my case has not been fairly met by your
Excellency, but because I find that a greater number of people than
I had anticipated are desirous of selling ; and for me to prevent such sales
would, I feel assured, not only involve myself and people in difficulties,
but also throw the whole country into confusion and excitement. To
avoid such evils I am willing to give my consent to your proposal, —
though still disapproving of it, — that those of my people who wish, be
at liberty to sell to Europeans their farms in the inalienable territory.
The articles I wish modified are the second, fifth, and sixth.
The on;y modification in the second is that au addition be made to the
effect that all such sales take place under the supervision of the
British agent in my court, and that my signature to the deed of sale
shall be essential to its validity. My reason for wishing this, is that
already have some farms been sold by Griquas who have no right what
ever to them ; and others, in not selling their farms, have not given the
correct boundaries. This must soon cause great disagreement between
all parties, but if the sales take place in my court, such attempts at
deception will easily be detected and defeated.
The fifth article, which assigns me a yearly pension of £300 during
my lifetime, should, I think, be altered. I am at present in receipt of
£200 from the Imperial Government, which is to be in perpetuity, and
£100 from the Colonial Government, making altogether £300 ; so that
by agreeing to that article, my position, in a pecuniary point of view,
will not be benefited, but injured. This should not be.
In the sixth article I feel that the sums offered as indemnification are
very inadequate, and would suggest that larger sums be given. I
believe the fair principle would be to give for all farms never leased in
the alienable territory, 40 years' rent, at prices varying from fifty to one
B 3
6
hundred rixdollars per year, according to the comparative value of the
farms, these being the usual prices given for such farms at the time Sir
H. Smith made his arrangements.
These are mere brief hints, as I suppose that should the terms of Your
Excellency be still open for our acceptance, you will appoint some
gentleman to meet me, in order to discuss the points now mooted, and to
have the convention duly signed. I have, &c,
(Signed) ADAM KOK.
I would also wish an article to be inserted, guaranteeing to my people
the right of purchasing their ammunition from the colony. This right to
be granted under certain regulations to be made by Your Excellency.
(Signed) ADAM KOK.
[A true copy : Edwd. Solomon.]
[Enclosure No. 7 to above Letter.]
Graham's Town, 3rd August, 1854.
Captain Adam Kok.
Dear Sir, — Your letter of the 12th July, directed to Graaff-Reinet,
has found us here. I am no longer in a position myself to guarantee to
you the terms of agreement which I was prepared to offer and to conclude
with you in March last. This, I regret, because I do not doubt
that, after a short time, you would have experienced, under the operation
of the conditions then prepared, a change of circumstances very condu
cive to your comfort, dignity, and independence. I apprehend that
you were misled to entertain a contrary belief by some designing per
sons, who had in view only what they deemed to be their own particular
interests. I shall, nevertheless, submit your present application for the considera
tion of Her Majesty's Government ; and it will gratify me should I be
authorised to reply to your proposals in a manner conformable to your
wishes. This letter will be transmitted to you through Mr. Burnet, at Bloem-
fontein, a gentleman in whose judgment and intelligence you may place
every reliance. He will be always ready to receive every communica
tion, written or verbal, which you may desire to make to me.
I remain, your friend,
(Signed) GEORGE CLERK.
[A true copy: Edwd. Solomon.]
[Enclosure No. 8 to above Letter.]
Philippolis, Sept. 5, 1854.
Her Majesty's Special Commissioner.
Sir,— I have to acknowledge the receipt of your letter of the 3rd ult.
As I understand from your letter that you are no longer in a position
to make any arrangements with me, but must wait the decision of Her.
Majesty's Government, I suppose that nothing further can be done in
this matter until that decision be known.
In the meantime, there are two points which Your Excellency may
possibly be able to arrange at once.
First. When Your Excellency left this country, I understood you to
say that the £300 paid to me and my people, in virtue of Sir Harry
Smith's arrangements with me, would still be paid in half-yearly instal
ments, through the Civil Commissioner of Colesberg. Some time ago, I
made application to the Civil Commissioner of Colesberg for the first
instalment, due on the 30th June last, but was informed by that gentle
man that he had received no instructions to pay the money. To whom
am I to make application ?
Secondly. In a letter received from His Excellency Sir G. Cathcart,
dated 23rd May, 1854, in reply to an application made by me for per
mission to buy ammunition in the colony, His Excellency remarks, —
" I have submitted your letter to Her Majesty's Special Commissioner
for the affairs of the "Orange River, as there are some questions pending,
which must be settled before it can be clearly understood in what
precise relation you and your people stand to the colony of the
Cape. Until then, it is not possible to give any more definite
answer than that, should these matters now pending be satisfac
torily adjusted, there will be no disposition on the part of Her Majesty's
Government to withhold from you the privilege, under certain regula
tions hereafter to be made, of purchasing gunpowder in the colony,
sufficient for the legitimate purposes of your people."
This letter led me to think that you were still prepared to negotiate
with me ; but, though mistaken in this opinion, yet, as I am pre
pared to adjust the matters referred to in a manner that would proba
bly be deemed satisfactory by His Excellency, Your Excellency could,
perhaps, arrange that my people have the privilege of purchasing
ammunition in the colony.
I shall gladly avail myself of Mr Burnet's services in forwarding any
communication I may have to make to Your Excellency ; but, at the
same time, I wish to know if making him the medium of communication
between Your Excellency and myself is the only way in which his ser
vices will be available to me. I have, &c,
[A true copy : Edwd. Solomon.]
(Signed) ADAM KOK
[Enclosure No. 9 to above Letter.]
Cape Town, 8th February, 1855.
To Kaptyn Adam Kok.
Sir,— With reference to your letter of 30th December last, the
stipend of £300 a-year, which Sir H. Smith determined should be paid
to you, was supposed by me to have been disbursed from the Colonial
Treasury. Hence, when I last saw you, I intended to have recom
mended to this Government, that it could hereafter be paid more con
veniently and punctually by the Commissioner of the Colesberg district.
It was evident that this charge had not been regularly provided for
8
out of the revenues of the British Government in the Orange River
Territory. Sir George Cathcart at one time sanctioned a disbursement
from the Commissariat Chest, in compliance with the request of the
Assistant Commissioners for such assistance in liquidation of the arrears
of this stipend.
All I could do, therefore, was to recommend to Her Majesty's
Government to provide for the annual payment, as promised by Sir H.
Smith, as well as to consider favourably those proposals for the good of
yourself and your followers, which I made to you in March last, but
which you then thought proper to decline.
I am Sir, &c,
(Signed) GEORGE CLERK.
[A true copy : Edwd. Solomon.]
2.
Governor Sir George Grey to the Right Hon'ble
Lord John Russell, M.P.
[No. 63.] Government House, Cape Town,
5th June, 1855.
My Lord, — I have the honour to transmit, for the pur
pose of being laid before the Queen, an act entitled " An
Act for the better Organisation of an Armed and Mounted
Police Force on the Frontier of this Colony."
2. The provisions of this enactment being for the most
part those which are usually inserted in colonial laws for a
similar nature, it will only be necessary for me to trouble
your Lordship with a few observations upon the enclosed
measure. 3. I ought, however, to state that the police force to be
embodied under the provisions of this law forms one of a
series of measures of a system of defence which it is pro
posed to adopt for the frontier of this colony. It was there
fore necessary that the Governor should be able to employ
this force in Kaffraria, as well as within the limits of the
colony of the Cape of Good Hope ; and it has therefore been
enacted in the third section that it shall be lawful for the
Governor to direct the employment and distribution of the
force enrolled under this law, either within or without the
colonial boundaries, as to him shall seem meet.
4. I entertain no doubt that the contemplated force will
prove a most efficient one, and admirably adapted for service
in this colony. The colonial parliament entertains the same
9
opinion on this subject, and voted the sum of £49,457 10s.
for the equipment and maintenance of a police force of 500
men ; and I entertain little doubt they would have considerably
increased this number had I proposed to them to take this
course ; but as the efficiency and character of the force will
greatly depend upon the character of the men of which it is
eomposed, I felt that I could not, within a period of twelve
months, hope to obtain more than 500 efficient recruits, and
that I should therefore rather have injured than promoted
Her Majesty's service by attempting too rapidly to increase
the strength of the proposed police force.
5. I trust the alacrity with which the colonial parliament
has passed an act for organising and supporting a force of
this nature, and has provided such considerable sums for its
maintenance, will satisfy your Lordship of the readiness of
the inhabitants of this colony cordially to co-operate
with Her Majesty's Government in reducing as speedily
as prudence will permit the great expenditure which the
mother country has latterly been compelled to incur in pro
viding for the defence of the colony of the Cape of Good
Hope. I have, &c. (Signed) G. GREY.
Governor Sir George Grey to the Right Hon'ble
Lord John Russell, M.P.
[No. 66.] Government House, Cape Town,
8th June, 1855.
My Lord, — I have the honour to transmit, for your Lord
ship's information, a copy of the speech with which I yester
day prorogued the Parliament of the Cape of Good Hope.
Your Lordship will be glad to learn from that speech how
liberally the Cape Parliament has aided in providing for the
defence of the frontier. I think, in that respect, they did all
they could usefully have done. In a colony where the popu
lation is so limited, and the resources are so scanty, it is im
possible, even in a tolerably lengthened period of time, to
organise a large and efficient force. To expend at once large
sums in such an attempt would be simply to waste them, Such
10
a force must grow by degrees, as able and efficient officers
and men can be gradually collected from the colonial popu
lation, and as proper stations can be erected for their
occupation, and fitting positions be chosen for them, all
which can only be done by slow degrees in a country circum
stanced as this is. I should add that the colonial Parliament
did everything in reference to frontier defence that I asked
them to do.
I will lose no time in transmitting the several Acts to which
I have given my assent ; but I may as well take this oppor
tunity of informing your Lordship that the colonial Parliament
refused to sanction the plan recommended by Sir George
Cathcart, which I was ordered to adopt, of appointing two
additional judges, to be resident at Graham's Town ; and they
further decline to sanction the plan of constituting a separate
Lieutenant-Governantcy for the eastern province, as recom
mended by Sir George Cathcart. I am not prepared to say
that there were not strong reasons in favour of the course they
adopted in this latter instance, as I think the proposed
arrangement was not very well adapted to the circumstances
of this country, although it might have worked tolerably
satisfactorily as a temporary measure. But I think there is
every probability that the colonial Parliament will, in the
course of the next session, mature a plan which will be more
advantageous for South Africa, than that which, under the
instructions of Her Majesty's government, I recently submitted
for their consideration. I have, &c,
(Signed) G. GREY.
[Enclosure fo Despatch No. 66.]
Mk. President and Gentlemen of the Legislative Council.
Mr. Speaker and Gentlemen of the House of Assembly.
It has afforded me much pleasure that I have been able, in Her
Majesty's name, to assent to the several bills which have, upon your
behalf, been presented to me.
I cannot but trust that great advantages will flow to the colony from
these measures, considered as they have been, upon your part, with the
utmost deliberation, and matured by that experience which you have
derived from long acquaintance with South Africa, and the requirements
of its inhabitants.
11
The Executive Government will, during the recess, use every exer
tion to bring these measures into useful and successful operation, as also
to give effect to the various recommendations which have emanated from
Parliament in the present Session, and which embrace within their
scope so large a number of subjects of practical utility.
I think it right, however, to acquaint you, in reference to the " Act
to provide for the organization of the inhabitants of the several Divisions
of this Colony, for the internal defence of their respective Eivisions,"
that unless some circumstances, at present unforeseen, should arise, I do
not propose to take any general measures for arming throughout the
Colony such burghers as may not possess arms of their own, until Parlia
ment shall again be consulted upon the subject. When returns have
been received which show the number of burghers in each division who
are liable to serve under the recent law, the race to which they belong,
and whether or not they possess arms of their own, the whole question
shall receive the careful consideration of the Government, and should it
unfortunately be found necessary to call out the burgher force, in any
division or divisions, the greatest caution shall be exercised by the
Government, in reference to this important subject.
Mr. Speaker and Gentlemen of the House of Assembly.
The wise liberality with which you have considered all measures
originated by the Government in your House, with a view of providing
funds for the promotion of Her Majesty's Service, and the welfare of
this Colony, demand my most sincere thanks.
The Executive Government will do its utmost to administer these funds
with the strictest economy which may be compatible with efficiency, and
in such a manner as to procure for the Colony those advantages, the hope
of attaining which induced this Parliament so cheerfully to provide the
means of meeting the large proposed additions to the public expenditure.
Mr. President and Gentlemen of the Legislative Council.
Mr. Speaker and Gentlemen of the House of Assembly.
You will be glad to hear that I have just received assurances of the
cordial approval, on the part of the Queen's advisers, of the general plan
which I had informed them I purposed to pursue, with a view of main
taining, if possible, the peace of the colony. Her Majesty's Govern
ment have stated that they would rejoice to see the accomplishment of
such a change in the relations existing between the oclonists and the native
tribes as I had anticipated might follow from the measures I recom
mended for adoption.
With regard to the means by which the proposed important plans
may be carried out, Her Majesty's Government have further informed
me that they will immediately and carefully consider any measure for
this purpose which I might submit to them, after full deliberation and
after visiting the frontier of the Colony.
You are already aware, from the speech with which I opened the
present Session, that I have carefully matured and submitted such a
measure for the consideration of the Queen's advisers. I think, therefore,
that there can now be no doubt but that Her Majesty's Government will
adopt that measure, and I feel no doubt that the generous liberality vi ith
12
which this Parliament has aided in providing for the defence of the
frontier, and for the promotion of Her Majesty's service, will confirm the
Home Government in its intention of wisely using the present time of
tranquillity and peace, for the purpose of maturing measures, which,
looking beyond the mere exigencies of the present moment, may lay the
basis of future permanent prosperity and peace, not only for this colony,
but for the states or tribes which lie beyond or which immediately abut
upon our frontier.
I am aware that it is only by a great sacrifice of your own personal
interests and time that many of you have remained so long absent from
your distant homes throughout this protracted Session ; but in thanking
you for your zealous and disinterested devotion to public duties, I may
venture to add that I am sure it will hereafter be a source of the greatest
pleasure to you, to have assisted in the enactment and completion of
measures, which, with the blessing of Divine Providence, appear likely
to produce lasting results of such a beneficial nature for this country.
I now, in the Queen's name, prorogue this Parliament of Her Majes
ty's Settlement of the Cape of Good Hope, to Thursday, the Thirteenth
Day of September next; and it is hereby prorogued accordingly.
4
Governor Sir G. Grey to the Right Hon'ble Lord
John Russell. M.P.
[No. 13.] Government House, Cape Town,
JHh June, 1855.
My Lord, — Lieut.-Governor Pine having passed some
time at Cape Town, on his way to England on leave of
absence, offered, if I desired it, to relinquish for the present
his intention of proceeding to England, in order that he
might return to Natal with me, for the purpose of aiding me
in the duties I am directed to perform there.
2. Finding, however, from the reports which reached
me, that the colony of Natal is at the present moment in a
very satisfactory state, there did not appear to me to be
any sufficient reason to induce me to subject Lieut.-Governor
Pine to the expense and inconvenience of again returning
to that settlement. I have, however, thought it just to him
to acquaint your Lordship with the readiness with which
that officer expressed to forego, for the present, his leave of
absence, if I wished him to do so. I have, &c,
(Signed) G. GREY.
13
Governor Sir G. Grey to the Right Hon'ble Lord
John Russell, M.P.
[No. 22.] Government House, Cape Town,
19th July, 1855.
My Lord, — In reference to Secretary Sir George Grey's
Despatch No. 16 — 20th March, J 855, informing me, with
regard to Mr. Shepstone's proposal of removing into Faku's
country with about 50,000 of the Zulu population of Natal,
that there would be no objection to the emigration of any of
their number, provided no obligation for their maintenance
or defence was incurred by the British or local Governments,
— I have the honour to state that I purpose to proceed imme
diately to Natal, for the purpose of there considering this
subject. 2. In the mean time, I transmit a copy of a letter from the
British Agent in Kaffraria Proper, from which your Lordship
will gather that this proposed immigration of the Zulus from
Natal is likely to bring about much more complicated poli
tical events than Her Majesty's Government appear to have
been led to suppose, and that it will give rise to various wars
between different Kafir chiefs.
3. It becomes, therefore, a matter of very serious consi
deration whether the advantages which will arise from Mr.
Shepstone's plan will counterbalance its disadvantages. At
least, neither Her Majesty's Government nor the officers
acting under their authority, ought to be hurried into a deci
sion upon so important a subject, which is likely again to
plunge into war Kafir tribes who are now in a state of
peace, and whose passion for war, if again roused, may pro
duce evil consequences, even within our own territories, and
to an extent which it is impossible to calculate beforehand.
I have, &c,
(Signed) G. GREY.
[Enclosure to Despatch No. 22.]
Palmerton Mission Station, May 28, 1855.
Colonel Maclean, Chief Commissioner, &c , &c.
Sir, — I have the honour to enclose duplicate receipts, signed by the
Chief Faku, and duly witnessed, for the sum of one hundred pounds
sterling, being for account of the usual gratuity of £75 per annum, due
14
to him by the Colonial Government, for the period ending 30th Septem
ber, 1854*
I visited the Chief Faku, in company with the Rev. Wm. Shaw, the
General Superintendent of Wesleyan Missions, and the Rev. Mr.
Jenkins, the resident missionary with the Amaponda nation. The
interview was agreeable in every respect, and I was happy to find that
Faku had no grievance whatever to urge on any subject connected with
his political relationship with the government, but, on the contrary, he
expressed himself in the most friendly terms. I informed him that my
visit was purely one of friendship, and to pay over to him, on behalf of
the government, the usual gratuity, in recognition of the good faith and
praiseworthy conduct he had invariably evinced, and I assured him that
so long as his conduct continued meritorious, the government would, at the
usual period, renew their generous mark of its approbation.
I did not think it necessary to enter on any political discussion respect
ing Mr. Shepstone's scheme, neither did I attempt to discourage Faku
from mentioning it; aud as he made no allusion whatever to the subject,
I informed him that the Governor would in all probability visit this
country during the year, and if he had any matter which he was desirous
to bring to His Excellency's notice, the opportunity would then be
afforded him " to expose his heart to his father."
I must candidly state that I felt somewhat surprised to find so little
uneasiness, apparently, manifested on the subject. This may arise from
the probability of Mr. Shepstone's carrying out his plans being now
regarded by Faku's people as a settled fact ; for certainly, the whole
subject has ceased to be viewed with the same evident concern which
prevailed when the matter was first discussed. I have arrived at this
conclusion from the apathetic indifference with which the question is
regarded by the whole Pondo nation, with Faku at its head. But,
should the scheme itself, which is not destitute of merit, be actually
carried into effect, it is just possible that the views and feelings of the
Pondos may undergo a great revulsion, when Mr. Shepstone's plans
are developed in all their bearings on Faku's immediate frontier.
It is almost impossible, in the present stage of the matter, to gather
Faku's real views. His character is a compound of suspicion and
meanness ; he delights in low cunning, whilst he has no regard whatever
to truth, added to which his vacillation of purpose is frequently most
embarrassing. His conduct, however, towards the government, I feel
bound to state, has ever been blameless and praiseworthy. It is, however,
pretty generally believed by many of his people, although they are cautious
in expressing their opinions, that Faku is secretly favourable to Mr.
Shepstone's scheme, since they imagine it would enable him more
effectually to carry out one of his own, which he has long contemplated,
but with which his_ people have no sympathy, since they have invariably
thwarted its execution.
It is affirmed that Faku's scheme, to which 1 have just alluded, is to
the effect that he is desirous of migrating with his people from the country
at present occupied by him to the upper parts of the Umzimvubu an'd
Teitza rivers, and gradually to work his way up to the vast tracts of
country under the Quathlamba mountains, which are at present entirely
unoccupied, and to which no native tribe has any claim whatever : and
* Faku's subsidy duly paid up to the 31st December, and arrangements have been
made to have the same paid quarterly.— John Maclean, Chief Commissioner.
15
one of Faku's most influential sons assured me personally, that his
object was to be near his friend Moshesh. I have before incidentally
adverted to thissubjectin some of my communications with the government.
The opinion is very prevalent amongst Faku's people that he will,
in the event of Mr, Shepstone's scheme being sanctioned and carried
into effect, make use of the same as an instrument to compel his people
to move higher up the country, urging as a pretext to alarm them, and
thus to induce them to accede to his views, the impossibility of himself
and people being able to live peaceably in such close proximity with the
Natal Zulus ; and thus, by working on their fears, he hopes to procure
their united sanction to the movement in question, and which I have
good reason to know he contemplated long before Mr. Shepstone's
scheme was discussed, but which his people have hitherto steadily and con
sistently opposed.
Under present circumstances, I am not prepared to advance any
opinion as to the policy of such a movement, or whether, ultimately, it
would prove beneficial or otherwise to the general interests of the
country. But on one point I am fully satisfied, that, before Faku could
establish his authority in the said country, he would have to wage in
cessant war with several petty tribes who border on that territory, besides
other clans, who are pressing towards the same point. Much blood
shed and confusion would undoubtedly arise out of these barbaric
collisions, which it would be wholly impossible to arrest when once
Faku commenced his exodus. If, however, he delays much longer
before developing his scheme, and attempting its execution, he will be
utterly unable to make a movement of this nature, since many petty
tribes are now moving up to the same point, who are united together
for mutual support, to repel any aggression on the part of Faku, as well
as to prevent his settling in proximity to them.
I am desirous not to be understood as meaning to convey the im
pression that Faku's scheme depends exclusively on the carrying out of
Mr. Shepstone's. This would, no doubt, materially aid his plans, and
enable him more fully to influence his people to adopt his views. He
might, and probably would, when a fitting period presented itself, carry
out his scheme irrespective of the instrumental agency and powerful
leverage he would be able to exert on his people, arising out of the settle
ment of the Natal Zulus on his immediate border.
I have, &c,
M. B. SHAW,
British Resident, Trans-Keian Tribes.
Received from the Chief Commissioner of British Kaffraria, through
the British Resident, Trans-Keian tribes, the sum of one hundred
pounds sterling, being the amount due to me to the 30th September,
1854, by the Colonial Government, for account of the subsidy of ,£75
per annum, secured to me by treaty. FAKU + his mark.
Witnesses : Isizyndini, May 27th, 1855.
* Thos. Jenkins. M. B. SHAW,
W. Shaw. British Resident, Trans-Keian Tribes.
Wm. Wood.
16
6.
Governor Sir George Grey to the Right Hon'ble
Lord J. Russell, M P.
[No.. 28.J Government House, Cape Town,
November 15, 1855.
My Lord, — I have the honour to transmit the copy of
a letter which was addressed to me by Signor Rebello on
the 23rd ultimo, requesting me to interfere in favour of the
Portuguese Government, to prevent Panda, the Chief of the
Zulu nation, from aiding the designs of native tribes, who
are believed to be meditating an attack upon the Portuguese
settlements at Lorenzo Marques.
2. I further have the honour herewith to forward a copy
of a message which I forthwith sent to Panda, expressing
my hopes that he would refrain from such improper pro
ceedings, if he was directly or indirectly involved in them ;
which message, it is believed by those well acquainted with
Panda, will have the effect of preventing him from any fur
ther attempt to destroy the Portugese colony at Delagoa
Bay. 3.- ; In thus interfering to prevent the prosecution of a
war which, once commenced, might h*tve spread into other
parts of South Africa, and in assisting, in as far as I judi
ciously could, a European power with which we have so
long been on terms of friendly alliance, I felt satisfied that I
should meet Your Lordship's wishes, and act in conformity
with the views of the British Government. I have, &c,
(Signed; G. GREY.
[Enclosure 1 to Despatch No. 28.]
Ville du Cap, le 23 Octobre, 1855.
Son Excellence Sir George Grey, &c, &c, &c.
Excellence, — Permettez moi de vous temoigner toute la satisfaction
que j^'ai eprouvee en apprenant dernierement, par Lady Grey, que la
sante de votre Excellence, malgre les inconveniens d'un long et
penible voyage, ne laissait rien a desirer, et agreez en meme temps, je
vous prie, les voeux sinceres que je fais pour votre heureux retour au
Cap. Ayant appris par les Journaux, que Panda, chef des Zulus, a envoyi
une armee pour attaquer les possessions Portugaises de Lourenco Marques
17
et^ sachant que ce chef est allie de la Grande Bretagne, je ne puis pas
m'empecher de profiter de la presence de votre Excellence a Natal, ou
cette lettre lui parviendra, sans doute, pour la prier de vouloir bien faire
tout ce qui sera en son pouvoir a fin de detourner le dit chef des Zulus
de ses demarches hostiles contre les memes possessions.
Les liens d'ancienne amitie et d'alliance qui unissentnos deux augustes
Cours, etle caractere'conciliateur et humain qui vous distingue, me son I
garants que votre Excellence ne manquera pas d'user de toute son influ
ence^ aupres de Panda pour empecher l'effusion de sang et pour maintenir
l'integrite des possessions de Sa Majeste Tres Fidele.
Je saisis cette occasion pour renouveller a votre Excellence les assu
rances de la plus haute consideration avec laquelle j'ai l'honneur d'etre
De votre Excellence le tr6s humble et tres obeissant Serviteur,
LUIS CARLOS REBELLO.
[Enclosure 2 to Despatch No. 28.]
His Excellency Sir George Grey, K.C.B., Governor of the Cape,
and Her Majesty's High Commissioner, to Panda, King of the
Zulu Nation.
Greeting :
A complaint has been made to me, by the Representative of the
Government of Delagoa Bay, that the natives in the vicinity of that
place have attacked, or are about to attack it, — and it is reported also to
me that Panda is assisting such natives. Although I disbelieve such a
report, — because Panda himself has made no mention of such a circum
stance, as he has always hitherto done when he has undertaken any
important expedition, — still, as the Portuguese Government are ancient
friends of the British Government, I cannot avoid expressing a hope that
Panda will, neither directly nor indirectly, lend himself to such a wrong
; \ \\ | attempt. Given under my hand, at Pietermaritzburg, in the District of Natal,
- ? this seventh day of November, 1855. (Signed) G. GREY,
High Commissioner.
7.
Governor Sir George Grey to the Right Hon'ble
Lord J. Russell, M.P.
[No. 29.] Government House, Cape Town,
November 16, 1855.
My Lord, — An opportunity presenting itself this day of
communicating with England, I think it will be gratifying
to Your Lordship that 1 should briefly report that I arrived
here, from Natal, on the evening of the 14th instant, having
fortunately succeeded, in that colony, in adjusting the variou"
18
questions referred to me by Your Lordship, in a manner
which was entirely satisfactory to the local Government,
and to the vast majority of the inhabitants of the country,
and which, I feel assured, will meet with the warm approval
and concurrence of Her Majesty's Government. The details
of the several arrangements I have made shall be reported
with as little delay as possible.
2. The colony of Natal was in a state of perfect tran
quillity; and its prospects of future peace and prosperity may,
I think, now be regarded as of a very gratifying character.
3. During my journey through the other portions of South
Africa, which I had to traverse to reach Natal, I had the
great good fortune, from the influence my position here
gave me, to be of much service in determining disputed
points, and in advancing, in various ways, the interests of
the inhabitants of those countries, who invariably expressed
themselves in the language of gratitude. I can only trust
that I used wisely the great influence which necessarily be
longs in this country to the representative of the British
nation. But this, at least, Your Lordship may rest assured
of, that peace now prevails throughout the whole extent of
South Africa, which is or was under British rule ; that the
inhabitants of the same territories are generally affording a
wise, generous, and liberal support to their several govern
ments ; that they are rapidly growing in wealth and com
merce ; and that a wide-spread determination has been shown
amongst them, including even races under the rule of native
chiefs, to aid Great Britain in the efforts she is now making
for the future welfare and happiness of the people of the
southern part of this continent. I have, &c,
(Signed) G. GREY.
8.
Governor Sir George Grey to the Right Hon'ble
Lord John Russell, M.P.
[No. 30.] Government House, Cape Town,
November 16, 1855.
My Lord, — I have the honour to acquaint you that when
I was, a few days since, in the colony of Natal, carrying out
the instructions I had received from Your Lordship, I
19
found great discontent prevailing there amongst the British-
born subjects of Her Majesty, because, by the laws of that
colony, as they stood, even those who had married in Great
Britain were prevented from willing away their property, or
making any testamentary bequest, otherwise than in ac
cordance with the requirements and provisions of the Roman-
Dutch law, as it prevails in the colony of Natal, — which law
establishes a perfect community of property between the
spouses ; and if they are childless, and one of them dies in-
testated, one half of the joint estate is instantly claimable by his
or her heirs from the survivor, a proceeding which generally
leads to a sale of the joint estate, and a division of the proceeds.
2. Should there be issue from the marriage, and either
the father 4c mother dies intestate, then the children would
be the heirs ; but even if the deceased had made a will, his
or her power of testamentary disposition is fettered by the
necessity of leaving to each child what the colonial law
terms its legitimate portion.
3. As I felt it really was a most serious grievance, that
subjects of Her Majesty, who had contracted marriage under
a totally different law, should suddenly find themselves bound
by the arbitrary provisions of a new law, to which they en
tertained the strongest objections, and of which they could
have had no knowledge when they married, — I felt it to be my
duty to advise the acting Lieut.-Governor and the Legislative
Council, which is composed of only three official members,
to pass, with as little delay as practicable, a law relieving
subjects of Her Majesty who had married without the
colony from the above-mentioned provisions of the colonial
law, thus extending to them the same privileges as they
would have enjoyed in the colony of the Cape of Good Hope
and the neighbouring states ; by which proceeding not only
will the subjects of Her Majesty be relieved from a grievance
of which they strongly complain, but one law regarding the
course of inheritance of real or personal property will prevail
in all the European settlements in South Africa, a point
which, in my mind, is of very great importance.
The Lieut.-Governor and the Legislative Council concur
ring in the view I took of the case, agreed to pass such a law,
so that Her Majesty's subjects will in this respect be relieved
from the grievance of which they complain. I have, &c,
(Signed) G. GREY.
c 2
20 9.
Governor Sir George Grey to the Right Hon'ble
Lord John Russell, M.P.
[No. 31.] Government House, Cape Town,
November 17, 1855.
Mv Lord, — I have the honour herewith to transmit, for
your information, copies of a correspondence with the Presi
dent of the Orange Free State, regarding certain points in
which he desired the assistance of the Government of this
colony. 2. Your Lordship will be gratified at findirig that it has
been in my power, on most of these points, to meet the
wishes of the Government of the Orange Free State, and
that I was fortunate enough to be recently able, by my advice,
and the influence belonging to my position, to induce the
Basuto Chief Moshesh to come to an understanding with the
Government of the Orange Free State, which was the means
of averting a war between those two powers ; the results of
which, even under the most fortunate circumstances, would,
in the opinion of the President of the Free State, have brought
about calamities which it would have required many years
of peace and prosperity to repair.
3. I should state, in reference to this subject, that a
public interview, a very fair report of which is herein en
closed, took place in my presence, between the President
and the Chief of the Basutos, upon the 5th of October, at
Smithfield, in the Free State, the result of which left me
very much dissatisfied with the conduct of Moshesh, but in
the proceedings of which I did not think it right to take
any prominent part.
4. The whole of my experience with semi-civilized races
has, however, convinced me that but little good results
from such public meetings, because, amongst other causes,
the chief, who is in the presence of all his people, feels, if he
submits to advice or listens and yields to language of at all a
threatening character, his position with his nation will be
compromised, and his influence lessened, if not undermined.
5. I, therefore, early on the morning of the 6th October,
sent for Moshesh, and saw him in the presence of only his
sons and three or four of his principal chiefs j and I then, in
21
plain and strong, yet friendly language, pointed out the ab
solute necessity of his forthwith coming to a friendly under
standing with the Government of the Free State, the terms
of which I could in no way attempt to dictate, as each party
must in these protect their own interests, and do that which
was necessary for the good of their people and territories.
I simply required that their differences, which admitted of
the most ready adjustment, should be adjusted in a fair and
honourable spirit.
6. If the conduct of the Basuto chief had dissatisfied me
on the previous day, he now did much to repair my previous
unfavourable impression, for he now undertook, fully under
standing my views, to see the President of the Orange Free
State, and to adjust all differences with that Government ;
and in the course of the day an arrangement was made (at a
private meeting, at which 1 was not present) between the
two states, which was mutually satisfactory to each of them,
and which removed the prospect of a collision between them.
7. The territory of the Orange Free State forms one of
the finest pastoral countries I have seen. There is no dis
trict of country in Australia which I have visited, which,
throughout so great an extent of territory, affords so uniformly
good a pastoral country.
Although large numbers of persons in the Free State still
deeply feel their abandonment by Great Britain, the general
sentiment is to make the best of their present condition ;
and all have united in forming a strong and efficient govern
ment, which would do credit to any country.
Crime is at present almost unknown in their territory ; life
and property are secure, (if they are kept clear of war with their
semi-civilized neighbours, — an end which, by the influence of
Great Britain, may, I think, be for many years attained).
Undoubtedly, they have still many serious difficulties to con
tend with ; but I think that the worst of these may be
cleared away for them by means which I will discuss in
another despatch. Yet, upon the whole, there can be no
doubt that the present condition of that state is one which is
not only very satisfactory, but which reflects the greatest
credit on the energy, prudence, and stedfastness of its
inhabitants. I have, &c,
(Signed) G. GREY.
c 3
22
[Enclosure 1 to Despatch No. 31.]
Government Office, Orange Free State,
October 11, 1855.
His Excellency Sir George Grey, K.C.B.,
Governor and Commander-in-Chief,
Colony of Cape of Good Hope.
Sir, — In your letter to me from Graaff-Reinet, dated 23rd August
last, you were so kind as to express a willingness to co-operate with me,
and to afford me any assistance in your power; and as, since jour
arrival in the Free State, you have' already, by your influence and
advice to the Basuto chief Moshesh, been the means of inducing him to
come to an understanding with me, which I trust will prevent a state of
things calculated to bring, upon the people of our frontiers particularly,
such direful calamities as even the blessings of peace and prosperity for
many succeeding years could not have repaired, even supposing us to be
ultimately successful in a struggle which I would not have been able
to avert, so long as the natives on our border were allowed to continue
their harassing practices of horse and cattle stealing, and encroaching
upon the lands of our people. I feel a pleasing duty resting upon me,
on behalf of the inhabitants of this State, of expressing to Your
Excellency our sincere acknowledgments for the interest you have shown
in our welfare in this and other respects ; and, at the same time, I think
I should be found deficient in my exertions to establish a regular form
of government in this State — finding Your Excellency so disposed
towards us — were I not to bring under your notice some of the
difficulties with which I find myself beset in every movement I would
undertake to accomplish the objects in view, and principally for the
want of the means to carry them out.
I was induced to cherish a hope that, on Your Excellency's recom
mendation to the Cape Parliament last session, that honourable body
would have felt it both a pleasure and a duty to enable you to render us
such assistance as you were disposed to do ; but it would appear that
nothing has been done beyond a reference of the matter under con
sideration to a committee of inquiry. In the mean time, our government
is left to provide for the necessary carrying on, or rather establishing,
an administration that will tend to secure law, order, and peace, in a
territory extending several hundreds of miles in length and breadth,
with numerous, and some of them powerful, tribes on our borders, of
whom the most powerful seem to have been left by the late government
under the impression that the all-important question of land boundaries
between them and the European population, as arranged and fixed
by Sir Harry Smith, was broken up and annulled by the abandonment
of the country by the British Government, and that all these disputes,
which have for many years caused so much trouble and ill-feeling
between the whites and the coloured tribes, have now to be opened up
anew, and arranged between themselves as best they can.
Time does not permit that I should now enter upon a lengthy
correspondence with Your Excellency, and I have thought it sufficient,
for the present, merely to allude briefly to facts which I feel assured,
during Your Excellency's tour through this country, will force them
selves upon your notice and personal observation. ' In the hope that
23
Your Excellency may possibly have it in your power to render us some
assistance before the "meeting of the next Parliament, I would pray for
leave to request your attention —
1. To the urgent necessity of establishing a regular postal communi
cation between this town and Natal. I have already written to His
Honour the Acting Lieutenant-Governor of Natal on this subject, as
well as on that of improving and shortening the road to that settlement
over the Drakensberg, which would greatly facilitate a regular intercourse
and trade between these two settlements ; and 1 shall be much encou
raged in this expectation, if I find the government of Natal inclined to
the proposed co-operation. I annex a copy of my letter, dated 11th
September last.
Believing that the Cape colony is also, to some extent, interested in a
regular and speedy postal communication overland to Natal, I have
thought it possible that Your Excellency would be inclined, and may
have it in your power, to afford us some further aid in this respect. Our
regular revenue, I am bound to state, is not yet so well arranged that
we can go beyond the ordinary allowances already made in this and
other branches of our expenditure ; but with the aid solicited I am in
hopes that we may also be enabled to establish a regular post between
this and the Trans- Vaal Republic.
2. I wish to bring to Your Excellency's notice, that in the event of
disturbances between us and one or more of the powerful tribes on our
borders unfortunately breaking out, they have every chance, at the com
mencement, to lay waste a large extent of our country, and, unchecked,
to inflict upon us grievous injuries, being to a very great extent them
selves mounted and armed as well as we are ; but if we had a few field
pieces we might, though far inferior in numbers, be enabled much sooner
to check the sweeping desolation ; and I feel the necessity of such a
superiority in our weapons so indispensable, that I would consider it a
great favour if Your Excellency could assist us in any way to procure
four or six small brass field-pieces, with carriages, and a supply of ball
and grape shot, and one howitzer — to throw shells if required. Will
Your Excellency be kind enough to inform me of the cost of one of
these, to be delivered at Port Elizabeth, or some other place in the
eastern province, and whether you can let us have the loan of them
for some time, until we can be in a position lo settle for the same ?
3. The want of convenient buildings for the transaction of public
business being so generally felt, I venture to propose to Your Excellency
to allow us, for some time, the use of two government buildings, the
one in this town and the other at Winberg, until we find ourselves in
a better condition to offer a fair price for the same, or make some other
arrangement to provide in this respect.
I would not have taken the liberty of troubling Your Excellency with
these proposals, but there is so much more to do,— to provide for gaols
and police, schools and teachers, powder magazines and places of defence,
— absolutely without means, in the present condition of the country and
its population, that I find myself at a loss what to do, whenever I am
called upon to make provision for one or other of these things ; so that I
trust Your Excellency will sympathize with me, and excuse the liberty
I have thus taken.
Wishing Your Excellency and companions a pleasant and prosperous
journey to Natal, and that you may soon enjoy the happiness of
24
returning home to your family and friends in health, and in the enjoy
ment of Heaven's richest blessings, I have, &c,
J. BOSHOF,
President of the Orange Free State.
Government Office, Orange Free State,
Bloemfontein, September 11, 1855.
To His Honour Col. Cooper,
Acting Lieut.-Governor, &c, &c,
District of Natal.
Sir, — As the want of a regular and speedy communication .with
Natal, and the bad state of the road from Harrismith to the Tugela,
have been hitherto a great inconvenience and drawback to a trade which,
there is no doubt, would otherwise soon become of great advantage both
to Natal and the Free State, I have thought it my duty to give my first
attention to the removal of these obstacles, in the hope that the govern
ment of Natal might be willing to co-operate with me for the attainment
of so desirable an object. The means of this government in its present
infant state, and owing to other difficulties which time only can
obviate, are so exceedingly limited, that additional outlay can be
justified and risked only on the expectation of a certain and almost im
mediate public benefit ; and as the case now under consideration appears
to me decidedly of this latter character, I have lost no time, immediately
on entering upon the duties of my office, to propose it to the Volks-
raad, and after obtaining the consent of that body, I have already
written to the landdrosts of Winburg and Harrismith, to ascertain such
particulars as will enable me shortly to call for tenders for the con
veyance of the mail between this place and Harrismith on horseback,
instead of on foot and by Kafirs, which cannot be done half so well here
as at Natal. The mail from Cape Town arrives here generally in seven
days, and in three days more I think it might reach Harrismith.
My present object, accordingly, is to ascertain from Your Honour,
whether the Natal government would be inclined to continue to forward
the mails, as hitherto, between Harrismith and Ladismith, and to
contribute towards the expense of their conveyance to and from this
place, say to the extent of £150 per annum, or thereabouts ; in which
case I think it probable that a regular and speedy communication may
also be opened with the Trans- Vaal Republic. As to the improvement
of the road, I have obtained leave to build two boats,— one on the Elands
and on the Wilge River, — and to make a road as far as the top of the
Draaksberg, in the direction of Van Reenen's farm, which I have been
informed will shorten that line by, at least, one day with an ox-wagon,
and avoid many bad and swampy places all along the top of the
mountain by Nelson's Kop. It is proposed that you should undertake
to defray the expense of the road from near Ladismith, passing Van
Reenen's farm, to the top of the Draaksberg, from the Natal side, which,
if economically and judiciously managed, would not exceed £200 or
£250. Should this plan, therefore, meet with your approval, I would
suggest that Capt. Struben be instructed, jointly with the landdrost of
25
Harrismith, to examine the line of road proposed, and to report upon it,
both to you and to me.
Trusting that you will be pleased to favour me with your answer,
I have, &c,
J. N. BOSHOF,
State President.
A true copy,
J. W. Spruyt,
Pro Government Secretary.
[Enclosure 2 to Despatch No. 31.]
(Copy.) Bloemfontein, 11th October, 1855.
His Honour J. N. Boshof, Esq.,
President Orange Free State.
Sir, — In reply to your Honour's letter of this day's date, I have the
honour to state that, in endeavouring to induce the chief Moshesh to
come to such an understanding with you, as might in your opinion be
necessary for the security of the inhabitants of the Orange Free State,
and might avert from the frontier the calamities of war, I merely carried
out the wish of Her Majesty the Queen of England, who desires, in as
far as practicable, to use that influence in South Africa, which Divine
Providence has bestowed upon her, in such a manner as to promote to
the best of her ability, the peace, happiness, and welfare of all persons,
whatever may be the State to which they belong.
In pursuance of the same object, I will, upon the meeting of the
Colonial Parliament, bring under their notice that paragraph of your
letter to which I am replying, which relates to the assistance you are
anxious to obtain from them, unless, prior to the meeting of Parliament,
you may transmit to me any more detailed statement upon this subject,
which you would wish to be submitted to that body, who, I am aware
feel deeply interested in the prosperity of this State.
I shall also feel much pleasure in agreeing, as a temporary arrange
ment, to provide a sum, not exceeding five hundred pounds per annum,
for the carriage of a mail from Bloemfontein to Harrismith, which will
complete the postal communication with Natal, upon the understanding
that you will, upon the part of the Orange Free State, as soon as practic
able, establish a horse mail between some point on the above-named
line of postal communication and the Trans- Vaal Republic. I am
induced to propose to enter into this arr.ingement, from a knowledge of
how greatly we may promote the prospects and security of the frontier
line, by the establishment of a certain and speedy communication
throughout its whole extent. The details of this arrangement will be
completed by the Colonial Secretary at Cape Town, as soon as that
officer is informed of the amount for which persons may tender to execute
the service.
In reference to the letter your Honour has addressed to the Lieutenant-
Governor of Natal, regarding the improvement of the road between
this State and that Colony, where it passes over the Drakensberg, I
26
have to state that I will give the necessary directions for securing the
cordial co-operation of the Natal Government with you upon this subject.
I will ascertain if we can supply you with the guns and ammunition
which you iequire, and the cost at which they can be furnished ; if it is
in our power to supply you with them, there will be no disposition on
the part of the Colonial Government to press for any immediate settle
ment of the claim which will thus arise.
I am afraid it may not be in my power, in consequence of arrange
ments which I have partly sanctioned, to allow to the government of the
Free State the use of the building in this town, for which your Honour
applies. I will, however, again have the pleasure of communicating
with you upon the subject. But the building at Winburg can be placed
at your disposal from and after the 1st of January next, until it may be
required by the British Government, or until some further arrangement
in relation to it may be entered into with the Free State.
I entirely sympathise with you in refererce to the great difficulties
your Honour has to contend with as President of this youthful State,
and I am greatly gratified to find, how successfully you are grappling
with them, and what rapid advances this country, notwithstanding such
difficulties, is making in every element of material prosperity. I may
add that the British and Colonial Government, alike watch the progress
of this country with the deepest and most friendly interest, and will, to
the utmost of their respective abilities, assist yourself and its government
in the efforts they are making for its advancement. (Signed) G. GREY.
[Enclosure 3 to Despatch No. 31 .]
Minutes of a Conference between the President J. N. Boshof, Esq.,
and the Basuto Chief Moshesh, — His Excellency Sir George
Grey being present. Smithfield, 5th October, 1855.
The President. — I am very glad to see Moshesh here in the presence
of his Excellency Sir G. Grey, on the first official opportunity we have
had of meeting in the Free State. I think it well that we should often
meet, as personal visits are always much more satisfactory than corres
pondence by letter. As we meet now personally, we had better speak of
business. I have often heard that Moshesh is a man of peace, and is
desirous of holding peace with the whites. I am also a man of peace;
and now in the presence of his chief men, I wish to show him on what
terms we make peace and friendship continue. As the best mode to do
so, my view is, that as I am chosen on the one, side, and Moshesh on the
other, to see that peace is not interrupted, we should, in case any distur
bances occur, let each other know our minds freely. I shall, therefore,
tell him at once that I have, on my arrival, been very sorry to hear of
many thefts having been committed within our boundary, by wicked
people from the other side. I would be glad to convince him that such
things must be put a stop to, or the consequences will be that they will
put the country in a blaze, and do great harm to all. These are all the
complaints I know of as yet. Mr. Ford has already represented the
27
case to him, and he has promised to punish the thieves, and put a
stop to the stealing. 1 have no doubt that he will prove himself a man
of his word, and make his chiefs help him to carry out his promises.
Moshesh.— Peace is the mother of all. I admire what Your Honour
has mentioned. I would be glad to hear any remarks of Mr. Ford's
in confirmation.
President. — We will await your answer.
Moshesh. — If no one else speaks, it may appear as if these were the
words of only two people.
President. — I am the representative of all my people, and my word is
theirs also. I wish to hear the mind of Moshesh's people through him
as their chief.
Moshesh —May the things we speak of ascend to heaven. My mind
looks on the two personages present, as the first fruits of a new year. I
do not mind faults being mentioned, but I understood this to be a
meeiing of friendship. I met Mr. Ford about the faults now brought
forward. I do not deny that some things have gone in our direction. I
do not know the best means of stopping these things. What has the
Governor come for ? Has he been sent by his master? Is there not a
word of advice and wisdom ? I cannot bear the weight of all. You
come from the land of Chaka. If you have not seen him, you may have
seen prints of him. He was ruined by his relations. You have wisdom
to build beautiful houses of clay. We got all we have from the whites.
Can we not make some plan by which we can enjoy what we have, and
keep peace ? Dr. Philip wrote to the English Government when we
were in trouble, and it assisted us. The complaints have not been
sufficiently established. If you can show me the cause of dissatisfaction,
let me know. There I end.
President. — I will take him up at the last word. The cause he must
know, but the way is this, — his people come in and steal. The mission
aries have been long enough in the country for them to know that
stealing is wrong. I believe that Moshesh has enough good men
among his people to help him to put down the wicked men who steal. I
am glad to hear that he wishes to get advice. I want it also. If we
can both get advice, I, for my part, am ready to take it, and be guided
by it. If he is willing to take advice from His Excellency, I am also.
I will state the cause of complaint, and if he has any, I hope that he will
state any he may have, and then, if I can, I will remove it. I will tell
him clearly, in as few words as possible, what we complain of. The
thefts committed in Mr. Ford's district within two years, as carefully
collected by him from the field-cornets, amount to 297 head of breed
ing cattle.
Moshesh. — I have already agreed with Mr. Ford that I was convinced
that some cattle have been stolen, and I have made him promises. Can
you not give me some advice?
President. — If Moshesh will listen I will just tell him the numbers.
Moshesh. — It is just what 1 wanted.
President. — Oxen and breeding cattle, together, 363 ; horses, 294 ;
sheep, 112. I was not satisfied with the simple returns of the field-
cornets, and have instructed Mr. Ford so get statements on oath from
the owners of stolen cattle. This is not yet completed, but is consider
able. Since the numbers in the statement of the field-cornets have
been ascertained, many more cattle have been stolen. When the full
28
amount has been ascertained I will let Moshesh know. 1 do not want to
do anything unjust. I will examine the list myself, and find out those
for which Moshesh is answerable, and when this number has been ascer
tained I will tell Moshesh. I have now ordered the landdrosts to send in
monthly returns of stolen cattle, with all the particulars of the theft,
instead of allowing the list to accumulate for two years. I will tell him,
also, that it is not only from Mr. Ford's district that complaints are made;
I have received reports also from Mr. Orpeh, that thefts of horses are
committed on the Winburg border. Some of the horses have been found
with Molitsani, and some have been given up ; others he refuses to return,
unless the owners come to fetch them. — This must not be. My people
cannot be put to such expenses. He ought to have sent the stolen
horses and thieves to Winburg, where they would have been punished by
us. Stealing will never cease, unless the thieves are punished. Retaking
stolen cattle from the thief is no punishment. He ought also to be fined
or receive corporal punishment. If the chief refuses to give up a thief,
he makes himself responsible. We put thieves in prison, and punish
them when convicted. If he did 30 we would not have any more stealing.
He need not tell me that he has no power to punish those who do wrong,
for if they can retake the stolen cattle, they can punish the thief also. It
is complained Molitsani harbours Bushmen and other thievjes ; also, that
Letsela occupies the lands of the farmers, and makes gardens there,
These are the very people whom Moshesh promised Hoffman to remove
last January. Molapa's people have also encroached, and Molapa,
though he has promised to remove them, has not done so. I mention
these things to show that they give rise to quarrels. My people will not
submit to it any longer. Now, as he asked my advice, I say, that if his
people will not obey him, he must make them. He must take his people
against them. Those things that they should not wish us to do, he must
not do. He would not be satisfied if I said I could not help such things,
if committed by my people. I know that they can do it, because some
times, for months long, no thefts were committed, so if they could stop
the thieving once, they could do so again, and there are other chiefs who
never steal. I conclude, therefore, that those chiefs who will exercise
their power can stop stealing.
Moshesh. — Can the names of those chiefs not be given ?
President. — Moroko, Jan Bloem, Lequi, Adam Kok, and Waterboer.
Moshesh. — You mention those things, His Excellency being present.
We must remember that we are on a friendly visit. Your Honour must
remember that you have been only a short time in the country. The
landdrost and I, who have long lived here, know better. The sword of
the mouth is grievous. We had better not speak so, but separate in
peace as we have met in peace.
President — I think the best way to secure peace is, that friends meet
and speak their minds. I have stated all I had to say, and I want
Moshesh to state any grievances he has to speak about.
Moshesh. — Not to-day.
President. — Very good. I shall always be happy to hear from him
about anything that is done wrong by my people, as war would only
break us all down ; but if there is any other thing, as His Excellency is
present, of which he feels aggrieved, I would be glad to hear of it.
Moshesh. — Not to-day. Let us go home. We can correspond by
letters.
29
President.— Would he like His Excellency to give us some advice ?
Moshesh. — It is not the proper day. His Excellency is not here to
hear difficulties. We can correspond by letter.
President. — I thought Moshesh would wish it.
Moshesh. — Advice to a chief ought to be given in private, and not in
public. President. — When occasion is urgent, we seize the first opportunity of
meeting, and if Moshesh postpones the conference on these urgent
matters, some accident may occur for which we may be sorry before we
meet again. It may be long before we can meet again. It may not be
easy for us to do so. We can write, but we may not understand each
other so well as by conversing. I have therefore spoken to him in His
Excellency's presence, in order that he might give us some advice, and
that we might profit by it ; and it would be a satisfaction to go home
with the mutual conviction of having come to an understanding to correct
what has been wrong.
Moshesh. — I did not expect that the matters already settled with
Mr. Ford, and to whom I have already given an answer, would be
touched upon ; and I have also given a paper to Mr. Venter, that
people suffering from thefts should be sent to me. I am ready to hear
advice. £
President. — I know nothing of Venter's arrangement. He had no
right to make one. I was then in the country. Such a proposal as
your's, that we should go into your country and search for our property
could never be entertained. Mr. Venter was appointed with three
others. The directions given by all to Mr. Ford were good, and
ought not to have been broken by one. If I was to send my people in
that way into your country, it would only make disputes and break our
friendship. Moshesh. — I did not come to speak of business.
There seemed to be some misinterpretation of the chief's meaning in
this last sentence, which had been interpreted in English by Nehemiah,
Moshesh's son.
His Excellency Sir George Grey then asked the Rev. Mr. Arhousset,
who was acting as interpreter, whether he thought Moshesh would like
to hear what he thought he ought to do.
Mr. Arbousset replying in the affirmative, His Excellency addressed
Moshesh as follows : — You say that we are wise people in' being able to
build beautiful houses of clay ; a man who does that is respected by
others, but a man who raises barbarians in the scale of civilization is
admired by ages. You are now the builder. You have collected some
barbarians and made a kind of nation. The question now is, whether you
are to succeed or fail. Not only is South Africa looking on, but many
other parts of the world too. Every good man is willing to assist ; no
one more so than the President. I have had an opportunity of hearing
his views, and I am sure he is anxious to help Moshesh to succeed. It
is impossible that a civilized nation can allow a nation of thieves to
remain on their boundary. The President and I are ready to put them
down. I would be glad to see you more cordial to accept the President's
offers than you have seemed to be ; and as I am now going away for a
considerable time, I would be glad to be certain that you would devise
some plan for the future. In such a plan I will assist as far as the Cape
colonial boundary is concerned. It must be greatly owing to your own
energy that you have raised yourself to the position you now hold, and I
30
would advise you to trust to that energy in future, and not to bad
advisers. I trust that before I leave, you will give some proofs that you
will put down stealing, and allow your tribe to prosper. I am sure the
President's remarks will be appreciated. I have been particularly struck
with their justness. I hope, before I leave, that you will promise to put
an end to such practices as those that have been carried on.
Moshesh. — We ought to praise his Excellency for his words, though
we were not aware, when called to visit, that such things would have
been brought forward.
President — If he is not prepared to speak on business, will he appoint
another meeting, or will he go home and consider, and acquaint me with
the result, and in the meantime try with his chiefs to put a stop to steal
ing ? or otherwise consequences may ensue that we may all deplore.
Moshesh. — When I met Mr. Ford at Sefali's, I made an agreement
with him that he should make a list of stolen cattle, with the particulars
of theft, in order that I could call on the guilty chiefs, and show them
the accusations against them.
Mr. Ford explained that the list was in the course of formation.
Moshesh expressed himself satisfied, and said that the measures adopted
to settle the thefts on that list, would go towards stopping any future thefts.
President. — Will the chief give me some promise that he and his chiefs
will endeavour to put a stop to any future thieving, or else the list will
only continue to increase ?
Moshesh. — I cannot bind myself to say that there will be no more
stealing ; thieves do not tell me when they come in, or go out. Did I
not, at the meeting with Ford at Sefali's, tell my people they must not
even steal a goat ? You must give me time. I have eaten the Governor's
meat, and it will be easy for me to vomit it up ; but it is not so easy io make
thieves disgorge what they have stolen.
President. — I praise Moshesh for the manner in which he met Mr. Ford.
Moshesh. — The sooner the papers are ready the better. I will make
my report on them as soon as possible.
President. — I will now go away satisfied. I shall always be very
glad, with him, to remove all difficulties, as long as we remain in the
same situations.
Moshesh. — I feel as you do. I came to bring some words to my people.
Peace and tranquillity by all means They are the only thino-s to be
relied on. It must be the wish of both. We must by patience overcome evil.
President.— I am very glad to hear what he says, and I will remember
his words.
His Excellency the Governor. — Work away, building this house.
10.
Governor Sir George Geey to the Right Hon'ble
Lord John Russell, M.P.
[No. 32.] Government House, Cape Town,
November 17, 1855.
My Lord,— During my recent visit to Natal, I satisfied
myself that one measure which would greatly tend to pro-
i <
31
mote the wealth and security of that colony, and to render it
of value and importance to Great Britain, would be to
encourage the introduction of coolie labourers from India.
2. This opinion has been formed, after some personal
experience upon my part, as to the manner in which that kind
of immigration has promoted the prosperity of the Mauritius.
3. The enclosed copy of a letter I have caused to be ad
dressed to the Government of India, upon this subject, con
tains a full exposition of my views regarding it, — and the
details which that letter contains are so full, in reference to
the manner in which I believe that the European and Zulu
population of Natal will alike benefit from the introduction
of coolie labourers into Natal, — that I think your Lordship
will find in it all the information which you could desire.
4. The Government of Natal and the inhabitants of the
colony, generally, if not universally, agree in my views, — at
least, in as far as I could ascertain this from the many depu
tations and individuals who waited upon me.
5. I would beg further to state, that if Natal becomes
shortly, as it is quite capable of doing, a great sugar, cotton,
and coffee producing country, the increase in its wealth and
population which must necessarily follow, will have a great
effect in promoting the commerce, prosperity, and security of
the rest of Her Majesty's possessions in South Africa, as well
as of the neighbouring states. I beg, therefore, that if your
Lordship should, upon consideration, concur in the applica
tion which I have made to the Indian Government, regarding
coolies being permitted to migrate to Natal, that you will
secure for it the support and sanction of Her Majesty's Gov
ernment. I have, &c,
(Signed) G. GREY.
[Enclosure to Despatch No. 32.]
Colonial Secretary of Cape of Good Hope to the Hon. the
Secretary of Government of India.
(Copy.) Colonial Office, Cape of Good Hope.
17th November, 1855.
Sir,— I am directed by His Excellency Sir George Grey, who has
lately returned from the district of Natal, "to request that you will submit
32
to the Govenor-General in Council, his views with regard to the import
tance of permission being granted by the Government of India to the
emigration of labourers from that country into Natal, as detailed m this
despatch, and that you will move the Council to inform him as to the
arrangements under which such an emigration will be sanctioned.
2. His Excellency anticipates that the successful results of the intro
duction of coolies into Mauritius, whether as regards the welfare of the
immigrants, or the prosperity of their employers, notwithstanding the
various disadvantages with which that colony has had to contend, and
the drawbacks accompanying the early experience of different systems of
immigration and distribution adopted in that island, will have removed
any objection which the Government of India may at one time have
entertained to the emigration of natives from its territories ; and he
believes that while the slight difference in the distance of Natal from
Bengal, as compared with Mauritius, will be unimportant in the con
sideration of the Council, the superior natural advantages and resources
of the former colony will recommend it as a fit field for the employment
of Indian labourers.
3. Natal enjoys an excellent climate, free from either extreme of heat
or cold, and has hitherto been entirely exempt from any endemic or
epidemic disease. The land is of the richest quality, adapted to that
descriptiop of labour with which the natives of India are familiar, and for
which their physical powers qualify them. Sugar, cotton, coffee, indigo,
arrowroot, and other inter-tropical products are cultivated with great
success, and the vast extent of land, both in the hands of private proprie
tors, and unappropriated, at the disposal of Government, secure to the
labourer alike the prospect of constant employment as long as he seeks it, r
and the means of becoming a petty proprietor himself, when he is desirous,
and has the means of retiring from: service.
4. There are some further features of the colony, to which His
Excellency would call the attention of the Council, not only because
they present peculiar advantages to the immigrant coolie, but because a
reference to them will anticipate a question that may occur to the
Council as to the need for imported labour, when there is so large a body
of native labourers in and on the borders of the colony.
5. First, with regard to the latter point, there is a large number of
natives, collected from various tribes, and known under the general
name of Zulus, who have been driven, by the tyranny of their own
chiefs, to take refuge in Natal, under the protection of the organized
Government established there. A considerable portion of these are by
no means disinclined to labour, or unwilling to render it to the planters ;
but upon their own terms and at their own times. These men possess
land, for which they pay no rent, and are settled with their families,
among their countrymen, in locations which they cultivate for their own
maintenance, for the supply of the markets, and from which they are
unwilling to remove permanently, in order to take regular employment
from the planters. They are ready to work for two or three months at a
time, but they then insist upon returning to their locations, and the
planter can never count upon seeing them again at any definite time.
Such irregular and unskilled labour does not suit the planter, and
jeopardises the success of all his undertakings. He requires the continu
ous labour of the same individuals, or at least, as a very imperfect sub
stitute, the means of replacing with certainty and without delay, the
33
labour of which he is thus from month to month deprived. Hence the
demand for imported labour of a description, and under arrangements,
which will enable proprietors to count upon a regular and continuous
service for some fixed period, the expiration of which they can foresee,
and for which they can take steps to provide.
6. The climate is well adapted for European labourers, but as all immi
grants of that class arrive with the desire of becoming employers of
labour, and as they soon become proprietors of land, and unwilling to
work for hire to others, — it is vain, at least for some years, to look in
this direction for a relief to the present wants of the colony.
7. But while the natives do not furnish the proprietors with that supply
of labour which is indispensable to their operations, they offer a strong
additional guarantee for the well-being of the imported labourer, who will
not be dependent upon foreign countries for his food, but will be supplied
with this from the resources of the colony, and the labour of natives ;
who, on the other hand, will receive a new impulse to industry from the
detnand for supplies to the new comers. The knowledge also that the
proprietors have the means of becoming independent of their aid, may
have an important and useful influence upon them, by inducing them to
accept employment upon the same terms as the immigrants; and thus the
civilization and initiation of the natives, in habits of settled industry, will
be materially promoted. Eventually it may become unnecessary to have
further recourse to India for a supply of labour, — a period which His
Excellency believes will not be long deferred, if the capabilities and
attractions of Natal shall become fully known, and its powers of produc
tion shall be developed by an adequate introduction of suitable labourers.
8. His Excellency considers it to be a favourable circumstance, that the
immigrants would not be brought together in large numbers on isolated
estates, where they will be treated as a separate class, but will be located in
small detachments, chiefly in villages, among a European population, of
whom a considerable portion are engaged in the cultivation of small plots
of ground, where the immigrants and their families will be rather treated
as members of the household, and will consequently have a better chance
of profiting by instruction, and enjoying other civilizing influences
9. It appears also to His Excellency to be a great advantage that
slavery has never existed in the district of Natal, and that the greater
part of its proprietary class are immigrants from Europe, located and
employed as above described.
10. The magistrates, of whom one or more has been appointed in
each district of the colony, offer every guarantee for the due protection
of the immigrants.
11. The system under which His Excellency considers that the im
migration which he contemplates can be best established, is that which
has lately been introduced at Mauritius, and put in operation there,
under Ordinance No. 12 of this year, which has doubtless been commu
nicated to the Governor of India. He is of opinion that the men should
be obtained through the agency of government officers, but that the sup
ply should be regulated by the demand of the proprietors, and by their
means of procuring it, the latter to be ascertained by requiring a suffi
cient, deposit, or security for the amount of the passage money and
other expenses At the same time, if the Government of Natal should
desire, and be in a position, to assist the proprietors by a grant or ad
vance in aid of immigration, His Excellency does not see any objection,
on the part of the Indian Government, to such a course.
D
34
12. His Excellency is prepared to accept, as conditions, that the men
shall be accompanied by a certain proportion of women — one-third, as
in Mauritius ; and that they shall be at liberty to return to India at the
end of a certain time, without any condition, or at any earlier period,
upon repaying a proportionate amount of the cost of their transport.
Five years has been the time fixed for Mauritius ; and although a longer
period, say seven years, would be desirablein some respects, His Excellency
is aware that, even if the Government of India did not object to this exten
sion, there would be some disadvantages with regard to recruiting in India,
in the establishment of a longer period for Natal than for Mauritius.
13. With regard to the rates of wages prevailing in Natal, the
planters at present pay 5s. to 6s. a month, with ample rations, for the
uncertain and unsatisfactory labour which they obtain from the natives.
There is no doubt, therefore, that they will be prepared to pay as much, or
more if necessary, for the continuous labour of the immigrant coolie. Upon
this poin t His Excellency has written for information to the Natal Govern
ment, which he will communicate to you as soon as it is received.
14. I have written, by His Excellency's directions, to Mauritius, for
copies of all the laws and regulations affecting the introduction and
management of the immigrants in that island. His Excellency is not
aware of any circumstances which would render necessary a variation
from these in Natal, though it is probable that the whole system may be
considerably simplified in consequence of commencing upon the regulations
last established there. He is desirous of adopting, as far as applicable, a
system which has been approved by the British and Indian Governments,
and which, even if it imposes some conditions that may appear onerous,
will secure the sanction and co-operation 6f those Governments.
15. The legislature of Natal is prepared forthwith to pass a law autho
rizing the Lieut.-Governor to make such regulations in the matter as
shall be approved conjointly by His Honour and the Government of
India. Hia Excellency, therefore, requests that if the Governor-
General in Council is prepared to sanction the proposed emigration,
they will, at the same time, point out those provisions of the Mauritius
system which they consider indispensable or recommend for adoption, in
order that as little time as possible may be lost in carrying out a measure,
which alone appears to His Excellency to be necessary to secure to
Natal a place among the most productive and valuable of Her Majesty's
colonial possessions. I have, &c,
(Signed) RAWSON W. RAWSON,
Colonial Secretary.
11.
Governor Sir George Grey to the Right Hon'ble
Lord John Russell, M.P.
[No, 34.] Government House, Cape Town,
November 24, 1855.
My Lord, — In obedience to your Lordship's commands,
that I should furnish a report upon the measures which I
35
would recommend for the future government of Natal, J
have the honour to state that I have visited the colony of
Natal, and having made the necessary inquiries, I beg to
submit the following report : —
2. Changes having to be made in an already existing
legislature of the country, to which its inhabitants are accus
tomed, and with which, probably, at least the very numerous
coloured population are satisfied, it is necessary that I should
first state how this existing legislature is constituted, and
how it grew into its present form.
3. Natal, when first occupied by Great Britain, was
attached to the Cape Colony; necessarily, therefore, the laws
of the Cape legislature prevailed in Natal ; but as it had a Lord Stanley's
separate Lieut.-Governor and Executive Council, the natural 66, May 1844.
duty was assigned to them of recommending, for, the
consideration of the Cape legislature, the drafts of such
exceptional laws as they thought suited to the peculiar cir
cumstances of Natal.
4. The experience acquired by the Cape Legislative
Council, between 1844 and 1846, convinced them that this
system would not work well, as their utter ignorance of the
local wants of the Natal district prevented them from satis
factorily legislating for it.
5. The attention of Her Majesty's Government having sir p. Mait-
been called to this state of things, Lord Grey, in December, Nov'. 1846;
1846, stated that he proposed that a separate Legislative ^g^^0
Council should be constituted for Natal, consisting of the of the cape,^
Lieut.-Governor and three or four official members, remarking im.'
that, in the exercise of these new legislative powers, " as well
as of his executive power, the Lieut -Governor will be made
subordinate to the Governor of the Cape; but the power
itself, in order effectively to control a population so nume
rous, so divided, and in general so barbarous, must be large
and unfettered."
6. In pursuance of these instructions, letters patent and ^dat^eyjif0.
royal instructions were issued, appointing for the district of 99, March 16,
Natal, a Legislative Council, with the usual powers, con
sisting of the Lieut.-Governor, the Colonial Secretary, the
Public Prosecutor, and the Surveyor-General.
7. That form of Legislative Council has continued up to
the present time, and there can be no doubt that during the
period of its existence, that is, for more than seven years, it
has answered the intention with which it was created, and
d 2
has, upon the whole, worked satisfactorily ; although, there
is also, I think, no doubt that the colony has now so in
creased in wealth and population, that some changes in the
legislative body are really requisite.
8. Having thus stated the nature of the legislature which
has to be changed, I will proceed to describe the composi
tion of the population, and the characteristics of the country
to which the new legislature, which it is proposed now to
create, is to be adapted.
9. The population of Natal may be stated as consisting of
108,500 souls, 8,500 of whom are of European origin, and
about 100,000 consisting of Zulu Kafirs.
10. Those of European origin consist of inhabitants of
the British islands, or of immigrants from the Cape colony,
Amongst those who have arrived from Great Britain, are
included a considerable number of English gentlemen, of
good education, of great intelligence, and who have now had
much experience in Natal, With a considerable acquaintance
with British colonies, I should say that, in the character of
its European population, in proportion to their total number,
Natal might, with no disadvantage to itself, be compared
with any other colony. The immigrants from the Cape
contain amongst them many most intelligent men, acquainted
for years with South Africa, its varied population, its diver
sified interests. South Africa is their home, has been that
of their forefathers ; its prosperity and welfare constitute
theirs, and will constitute that of their children, and children's
children, A European population thus composed, ought, I
think, to have a voice in the government of their country.
No Governor could feel otherwise than glad, in being
able to avail himself of such experience in legislating for
the colony.
11. On the other hand, it is to be borne in mind, that this
small European population of not more than 8,500 souls,
live scattered in isolated farms throughout an extensive, fer
tile, and well watered country, nowhere having a larger col
lective European population, in any one place, than 1,800
souls ; whilst mixed up with them, is a population of about
100,000 Zulu Kafirs, refugees from the tyranny of their
chiefs, and anxious to feel that they are ruled by the British
Government, as thereby having a claim on its protection.
They generally reside in inaccessible and difficult parts of the
country, collected in seven locations of an average extent of
37
more than 180,000 acres each, no less than 13,800 natives
being collected in one of these locations. In any changes
which may, therefore, be introduced into the Government of
Natal, great care must be taken not to alarm or rouse the
jealousy of such formidable native tribes.
12. It was probably partly a view of this kind, regarding
the present state of the native question in Natal ; partly,
also, from the intelligence and prudence with which I cannot
but think that its inhabitants of European descent are pecu
liarly distinguished, that their requests to have some share in
legislating for their country were of so modest and simple a
character ; — the general prayer of the memorials presented to
me, as Your Lordship will find from the copies of them, Enclosure
wliich I will enclose, being, that the representative element High'commis-
should be introduced into the existing Legislative Council, sloner'
to the extent of at least two-thirds of unofficial members,
which form of council they appeared very generally to think
would be suited to their present wants and circumstances,
whilst it might grow gradually with the growth of the
colony, and in proportion to their future requirements.
13., Having thus made your Lordship acquainted with the
nature of the country, and the character of the inhabitants of
Natal, as also with their most reasonable and simple wishes
with regard to their future form of legislature, I will proceed
to report upon the best manner in which Your Lordship
could give effect to their immediate wishes, and yet so
shape the form of government bestowed upon them, that
they may themselves gradually expand it into a more perfect
form. 14. I assume that, in compliance with their wishes, the
form of legislature given to them, will be a Legislative Council,
composed partly of official, partly of elected members. In
conformity with this view, I have drawn the draft of such
provision (a copy of which is herewith enclosed) as would be
necessary, in any instrument which was proposed, to create
such a Council, and propose, further, to explain in detail
the reasons of the several provisions which I have recom
mended for adoption.
15. I have not advised that the Council should be com
posed of four official and eight unofficial members, which is
the proportion and the number of members generally re
commended to me by the several deputations which waited
upon me in Natal. I attach no importance to the propor-
d3
38
tions of one third and two thirds amongst the official and
unofficial members, nor to the fact of the Government being-
certain of a majority when it brings forward measures
acceptable to three unofficial members. What I consider
important at present, is, that the Kafirs should feel
that they are not altogether separated from the Govern
ment, and unrepresented in the legislature; but that
they should see that the Government officers are members
of the Legislative Council, and by their votes exer
cise a considerable influence there. These ends will be
perfectly attained in a Council composed of four official and
twelve or more unofficial members. The veto of the Lieut.-
Governor will always prevent any oppressive measure, in
regard to the natives, coming into operation. If he forget
his duty in this respect, the objectionable law could be dis
allowed by the Queen. But in a Council composed of as
many as sixteen members, chosen from so large an extent of
territory, and representing so many interests, I feel quite
satisfied, from what I have seen of the people in Natal,
that no unjust legislation in regard to the Kafirs will be
attempted. 16. To gain, therefore, the objects of ampler discussion,
for measures brought before the legislature, and to secure
the representation of a greater variety of interests, I have
recommended that the Council should be composed of six
teen members, instead of twelve. Perhaps a larger number
of members could not at present be found, who could spare
from private affairs, without great inconvenience, the time
necessary to enable them to fulfil efficiently their duties as
legislators. 17. I think, however, that the settlers should be allowed,
from time to time, to increase the number of elected mem
bers who have seats in the Legislative Council. I have,
therefore, inserted a provision, by which the Council is
authorized to pass laws for increasing the number of elected
members, and for increasing the number, and altering the
boundaries, of electoral districts. In this way the constitu
tion may be, from time to time, so altered by its own legis
lature as to suit the varying circumstances of the colony, —
a provision which will, I have no doubt, be acceptable to its
inhabitants, and may hereafter save Great Britain from much
trouble, and from a too frequent interference in the affairs of
a distant dependency.
39
18. The twelve elected members, I propose, should be
divided as follows between the different counties and
boroughs : — Counties. Number of Members.
Pietermaritzburg 2
D'Urban 1
Victoria 1
Klip River 2
Weenen . ]
Umvoti . . . . 1
Boroughs.
Pietermaritzburg 2
D'Urban 2
4
19. It will be seen from the return in the margin that European
by this arrangement, the number of members for each elec- ^J^1*10"'
toral district will bear a very true proportion to the European p;eterma-
population at present in such district ; whilst the several nir?^8 ^ij
j. - i i i r> i iii ip i Urban 952
districts are already defined, are well known, and from natural victoria 588
causes, form convenient and fitting separate electoral districts. we?nenTer 612
20. The rate of franchise which I have proposed is that Umvotl 408
at present required at Natal, in order to qualify an elector to piet7r3-S'
vote for a member of a county council, and which has been nrji?b,urs 180°
found in practice to form a very good qualification. n —
21. The qualification for a member is, simply that he Total 8352
shall be a regularly registered elector for some one electoral
district in the colony. This is in accordance with the law on this
subject which prevails in Scotland, and which has there, for
now so many years, worked well. I, moreover, am quite satis
fied, from long experience and much consideration of the sub
ject, that no advantage is gained, in a young and very limited
community, from requiring a candidate for a seat in the Legis
lative Council to possess some stated property qualification.
22. The modes of framing the electoral roll, and of con
ducting the polling for candidates, which I have recom
mended for adoption, are those now in force in Natal for
conducting the elections for the county councils. They are
understood in the colony, — the machinery for carrying them
out is in existence there, and they have worked well and
satisfactorily. I, therefore, thought it desirable to advise
that they should be continued.
40
23. I have recommended that the Legislative C0""^1
should be presided over by a speaker, to be elected by
themselves. A council composed of sixteen members is
sufficiently large to admit of this being done without incon
venience, and I think that thus throwing this highly honour
able office open to competition, will have a very beneficial
effect, in forming an inducement to the best class of men to
take an interest in public affairs.
24. A draft of the reserved civil list is also herewith trans
mitted for yoursXordship's information. After obtaining the
best information I could upon this subject, I believe that the
draft civil list I have herewith enclosed will suffice to carry
on the form of government which it is proposed to adopt.
25. I beg also to observe that the native population is so
numerous, could render itself so formidable, and contributes,
even at present, so considerable a part of the revenue, whilst
in the proposed legislative body it would in no manner be
directly represented, that I think an amount of not less than
five thousand per annum should be reserved, to be neces
sarily applied for purposes connected with the religious and
moral instruction, or with the social well-being of the Kafirs,
and to be so applied, in accordance with instructions which
may from time to time be issued by the Lieut.-Governor,
for that purpose, — which instructions should by the first
opportunity be transmitted to the Secretary of State, for the
purpose of being laid before the Queen, for Her Majesty's
approval or disallowance. The sum of five thousand pounds
would only very imperfectly attain the purpose contemplated,
as it is, in fact, but one thousand pounds per annum for
every twenty thousand souls ; but I have no doubt that if
periodical accounts of the mode in which these moneys are
expended, were laid before the local legislature, that body
would, from time to time as the revenues increased, vote
other amounts in aid of this fund reserved for native purposes,
and in the mean time, by reserving such an amount as I
have named, an obvious guarantee would be afforded to the
natives, — that although they are not directly represented in
the legislature, their interests would still not be overlooked,
for I think a considerable time must yet elapse ere they will
cease to regard the executive government of the colony as their
natural protectors and guardians, and will probably view at
first with some suspicion and jealousy, any system by which any
share in the management of affairs passes into other hands.
41
26. The other enclosed provisions which I have recom
mended for adoption, in introducing representative institu
tions into Natal, are of so usual a nature as not to require
any special explanations from me.
27. I have only now to state, that in recommending for
Your Lordship's approval, the introduction of a certain form
of legislature in Natal, I thought it wiser not to attempt to
sketch out at present any plan of my own for this purpose ;
but rather, as when I had acquainted myself with the views
and wishes of the inhabitants of that colony, I found that
these were of the most prudent and moderate nature, to con -
fine myself to the attempt to adapt their views to the present
circumstances of Natal, and to render them capable of exten
sive modification, by easy changes, as the colony advanced
in wealth and population. There was the more reason for
my adopting this course, because I was a comparative
stranger to Natal, and it certainly is a country which, from
the large mass of natives within its boundaries, or close to
its borders, cannot safely be made the scene of political ex
periments, 1 think I have performed the task I thus traced
out. for myself in a manner which will give full expression to
the wishes and requests of the executive government, and
of the inhabitants of Natal, and which will, I trust, at the
same time, be found such as Your Lordship may think can
with prudence be adopted. Although Natal is still so entirely
dependent upon Great Britain for military protection, I have
no doubt that, as the wealth and population of the colony
increase, which I believe they will do rapidly, its inhabitants,
in order to obtain a greater and more direct control over all
their affairs than they will ever have under the system now
recommended for adoption, will cheerfully strive to relieve
Great Britain from all further military and other charges
upon their account. I have, &c,
(Signed) G. GREY.
[Enclosure 1 to Despatch, No. 34]
Draft of proposed provisions for constituting a Legislative Council in
Natal.
I. Legislative Council constituted.
1. The Legislative Council of Natal shall consist of sixteen members, Legislative
with such powers and authorities as are hereinafter provided. memb°era°coif- stituted.
42
electoral districts.
\ II. Ex-Officio Members.
Fourex-officio 2. The four members of the Executive Council for the time being
shall be members, ex officio, of the Legislative Council.
III. Electoral Districts constituted.
Six counties & 3. The remaining twelve members shall be elected by the electors of
two boroughs tne following eight electoral districts :—
constituted o e
electoral dis- (1.) The county of Klip River.
tricts- (2.) The county of Weenen.
(3.) The county of Umvoti.
(4.) The county of Pietermaritzburg
(5.} The county of D'Urban.
(6.) The county of Victoria.
(7.) The borough of Pietermaritzburg.
(8.) The borough of D'Urban.
IV. Elected Members.
Twelve elected 4. The number of members to be elected to serve in the Legislative
members Council for the said several electoral districts shall be as follows : —
(1.) For the county of Klip River — two members.
For the county of Weenen — one member.
For the county of Umvoti — one member.
(4.) For the county of Pietermaritzburg — two members.
(5 ) For the county of D'Urban — one member.
(6.) For the county of Victoria— one member.
(7.) For the borough of Pietermaritzburg — two members.
(8 ) For the borough of D'Urban — two members.
V. Electors.
5. Every man, except as hereinafter excepted, above the age of twenty-
one years, who owns or occupies any immoveable property, held under
grant from the Crown, of the value of £50, or who rents any such
property of the yearly value of £10, within any electoral district, and
who is duly registered in manner hereinafter meniioned, shall be qualified
to vote at the election of a member for any electoral district. When
any such property as aforesaid is occupied by more persons than one, as
proprietors or renters, each of such occupants shall, being duly enrolled,
be entitled to vote in respect of such property, provided the value or the
rent of such property, as the case may be, shall be an amount which,
when divided by the number of such joint occupants, shall give £50 or
£10, as the case may be, for every such joint occupant
6. The following persons shall not be qualified to vote at any such
elections : —
(1.) Aliens who have not been- naturalized by some Act of the Im
perial Parliament, or of the legislature of Natal.
(2.) Persons who have been convicted of any treason, felony, or
infamous offence, and who shall not have received a free
pardon. VI. Qualification of Members.
7. Every person who shall be qualified as an elector for any electoral
district in the colony of Natal, and shall be duly registered as such,
shall be qualified to be elected as a member of the Legislative Cquncil.
Qualification
of electors.
Aliens and
persons con
victed of cer
tain offences
disqualified.
Qualification,
&c, of elected
members.
43
8. No member of the Legislative Council shall be permitted to vote Oath to be
or sit therein, until he shall have taken and subscribed the following ^nb ^
oath before the Lieutenant-Governor, or some person or persons
authorised by him to administer such oath :—
/, A. B., do sincerely promise and swear that I will be faithful,
and bear true allegiance to Her Majesty. So help me
God.
But every person authorised by law to make a solemn affirmation or
declaration, instead of taking an oath, may make such affirmation or
declaration, in lieu ofthe said oath.
9. No person shall be deemed a candidate at any election, nor shall Who shall be
be qualified to be elected a member of the Legislative Council, unless he lH™£d a can"
has been invited to become such candidate by a requisition signed by at
least ten qualified electors of the county or borough it is proposed he
should represent, and unless suth requisition shall have been transmitted
to the Resident Magistrate of the county or borough, with a notification
of his acceptance thereof, at least fourteen days before such election is
appointed to take place.
10. No person shall sign any requisition to more than one or two can- Requisitions
didates in the same county or borough, as the case may be, and if any to candidates.
person signs a greater number of requisitions than one or two, as afore
said, his signature shall be expunged from all requisitions which he has
signed. 11. The Resident Magistrate shall, at least seven days before the day Publication of
appointed for the commencement of the poll, cause the said requisitions re(iulsltl0n>
to be published for the information ofthe electors.
VII. Duration of Council.
12. The elected members of the Legislative Council shall hold their Period during
seats for four years from the day of the returning of the first writs for the member^may
election of members to the said Council, and no longer, provided that hold seats.
the Lieutenant-Governor may, by proclamation, or otherwise, sooner
dissolve the same, whenever he shall deem it expedient to do so.
13. The Lieutenant-Governor shall, by proclamation in the Govern- Lieutenant-
ment Gazette, fix the place or places for holding the first and every ^^"°r t0
other session ofthe Legislative Council. Council.
14. The Lieutenant-Governor shall fix the time for holding the first Session to he
meeting of the Legislative Council of Natal, at some period not later held within six
than six months after the date of his receiving these instructions. receipt of in-
,-.___ _- structions from
VIII. VACANCIES. Secretary of
15 The Lieutenant-Governor may, at his pleasure, prorogue or dis- prorogation of
solve the Legislative Council. Council.
16. Ifany member ofthe Legislative Councilshall, by writing, under his ^0ssn3^]tion of
hand, addressed to the Lieutenant-Governor, resign his seat in the said
Council, the seat of such member shall, upon the receipt by the Lieut.- resTgn seats?ay
Governor of such resignation, become vacant.
17. If any member of the Legislative Council shall, without the what vacates
permission ofthe Lieutenant-Governor first obtained, fail, during a whole a seat.
session, to give his attendance in the Legislative Council, or shall take
any oath, or make any declaration or acknowledgment of allegiance,
obedience, or adherence, to any foreign state or pqwer, or shall do,
concur in, or adopt any act whereby he may become the subject or
44
Mode of deter
mining the
question of
vacancy. New election
to fill vacated
seats.
Election of
speaker.
Speaker shall
preside.
Quorum.
Questions de
termined by
majority of
votes. Standing orders to be
adopted.
Generalpowers of Council.
Appropriation and issue of
money.
citizen of any foreign state or power, or shall become bankrupt, or _an
insolvent debtor, or shall become a public defaulter, or be attainted of
treason, or be convicted of felony, or any infamous crime, his seat in
said Council shall thereupon become vacant.
18. Any question which shall arise respecting any vacancy in the
Legislative Council, on occasion of any ofthe matters aforesaid, shall be
heard and determined by such Council, on such question being referred
to them for such purpose by the Lieutenant-Governor, and not otherwise.
19. Whenever it shall be established to the satisfaction of the Lieut.-
Governor that the seat of any elected member ofthe Legislative Council
has become vacarft, the Lieutenant-Governor shall forthwith issue a writ
for the election of a new member, to serve in the place so vacated, during
the remainder ofthe term ofthe continuance of such Council.
IX. Conduct of Business.
20. The Legislative Council shall, on their first meeting, before
proceeding to the despatch of any other business, elect one of their mem
bers to be speaker thereof, during the continuance of said Council, which
election being confirmed by the Lieutenant-Governor, shall be valid and
effectual; and in case of vacancy in the said office, such election of a
speaker shall in the same manner be repeated, and be valid and effectual,
upon confirmation by the Lieutenant-Governor.
21. The speaker shall preside at the meetings of the Legislative
Council, or, in his absence, some member elected by the Council shall
preside. 22. The Legislative Council shall not be competent to proceed to
the despatch of any business, unless one half of the whole number of
members be present.
23. All questions shall be determined by a majority of votes of the
members present, other than the speaker or presiding member. When
the votes are equal the ,-peaker or presiding member shall have a casting
vote. 24. The Legislative Council shall, at its first meeting, and from time
to time afterwards, as occasion may require, adopt standing rules and
orders for the orderly conduct of the business of said Council ; which
rules and orders shall be laid before the Lieutenant-Governor, and being
approved by him shall then become binding and in force.
X. Jurisdiction.
25. It shall be lawful for the Lieutenant-Governor, with the advice
and consent of the Legislative Council, to make and ordain all such
laws and ordinances as may be required for the peace, order, and good
government ofthe said colony of Natal, provided that the same be not
repugnant to the laws of England.
26. The Legislative Council shall not pass, nor shall the Lieutenant-
Governor assent to, any bill appropriating to the public service any sum
of money from or out of Her Majesty's revenue within Natal, unle'ss the
Governor, on Her Majesty's behalf, shall first have recommended to the
Council to make provision for the specific public service towards which
such money is to be appropriated, and (save as is herein otherwise pro
vided) no part of Her Majesty's revenue within Natal shall be issued,
except in pursuance of warrants, under the hand of the Lieutenant-Gov
ernor, directed to flie public Treasurer thereof.
45
27. There shall be pin able to Her Majesty every year, out of the civil list.
revenues arising from taxes, duties, rates, and imposts, or from waste
lands of the Crown in Natal, the several sum9 mentioned in the schedule
hereto annexed, which are reserved for defraying the expenses of the
services and purposes mentioned in such schedule, and which shall be
issued by the Treasurer of Natal, in discharge of such warrants as shall,
from time to to time, be directed to him under the hand and seal of the
Lieutenant-Governor, and the said Treasurer shall account to Her
Majesty for the same, through the Commissioners of Her Majesty's
Treasury ofthe United Kingdom of Great Britain and Ireland, in such
manner and form as Her Majesty shall be graciously pleased to direct.
28. The Lieutenant-Governor may transmit, by message, to the Legis- Lieutenant-
lative Council, for their consideration, the drafts of any laws which it Governor may
may appear to him desirable to introduce, and all such drafts shall be of [aws t0
taken into consideration by the Council, in such convenient manner as Council.
shall be by the rules and orders provided for that purpose.
XI. Royal Assent to Bills.
29. Whenever any bill which has been passed by the Legislative Lieutenant-
Council shall be presented to the Governor for Her Majesty's assent Governor may
thereto, he shall declare, according to his discretion, but subject to the f^el'ssent'to,
instructions which may from time to time be given by Her Majesty, 0r reserve
that he a-sents to such bill in Her Majesty's name, or that he refuses his bills.
assent to such bill, or that he reserves such bill for the signification of
Her Majesty's pleasure thereon. Provided always that the Lieutenant-
Governor, before declaring his pleasure in regard to any bill so presented
to him, mav make such amendments in it as he thinks proper, and, by
message, return such bill with such amendments to the Legislative
Council, for the consideration of such amendments by the Council.
30. Whenever the Lieutenant-Governor shall assent to any bill in Her Allowance or
Majesty's name, he shall, by the first convenient opportunity, transmit £isa^°WMaTes-
an authentic copy of such bill to one of Her Majesty's principal t/of bills as-"
Secretaries of State, and it shall be lawful for Her Majesty, at any time sented to by
within two years after such bill shall have been received by the Secretary ^uetre°*°t"
of State, to notify to the Lieutenant-Governor her disallowance of such
bill, through one of Her Majesty's principal Secretaries of State, and
upon the disallowance by Her Majesty being signified, by message, to the
Legislative Council, or by proclamation in the Government Gazette,
the said bill shall become null and void from and after the day of such
signification.
XII. Formation of Electoral Roll.
31. The Field-cornet in every ward shall, for the first election, before Voters' list in
such date as may by proclamation be fixed by the Lieutenant-Governor, laechT^Jly
and on or before the 1st day of July in every subsequent year, make a ple^d-cornets;
true list, in alphabetical order, of all men qualified to vote at any election
for members ofthe Legislative Council, in respect of property within the
said ward, setting forth the christian and surname of each person at full
length, the place of his abode, his business or quality, and the nature of
his qualification, in the form set forth in the schedule hereto annexed,
marked A.
32. The Field-cornet shall forthwith transmit such list to the Resident List to be
Magistrate of the county or electoral district in which such ward is ^de^Ma0-
situated. gis'.rate.
46
Publication of 33. When the Resident Magistrate has received such lists from the
list and objec- Field-cornet, he shall forthwith cause them to be published, and to every
tions thereto. ljgt go pub]ished he shall subjoin a notice that all objections thereto will
be heard and determined by him at any time before the 21st day of
August then next, or, for the first election, before such date as the Lieut-
Governor may by proclamation fix for that purpose.
Correction of 34. The Resident Magistrate shall have the power, after hearing such
list objections, to strike out of the lists the names of all persons not entitled
to be therein, and also to insert in the said lists the names of any persons
which have been improperly omitted therein.
Corrected list 35. A copy ofthe list of voters in every ward, so corrected, signed by
to^fe/d^or- the Resident'Magistrate, shall be transmitted by him to the Field-cornet
net. of such ward, on or before the first day of September following, or, for
the first election, on such day as may be fixed by the Lieutenant-Governor
by proclamation for that purpose.
Corrected list 36. This list shall be called " the voters' roll " of the ward, and shall
to constitute be brought into use on the first day of September, or, for the first election,
voters' roll for on sucjj ,jay as may De fixe(j by the Lieutenant-Governor by proclama
tion for that purpose, and shall continue to be used for one year then
next ensuing.
Copy of roll 37. Any person may inspect or take a copy of such roll gratuitously.
procurable.
XIII. Manner of Polling.
Election, when 38. The writs for the election of elective members of the Legislative
to take place. Council shall be issued by the Lieutenant-Governor, under his hand and
seal, and be addressed to the Resident Magistrate of the county or
borough, or to such returning officer as may be appointed by the
Lieutenant-Governor for that purpose. The returning officer shall en
dorse on the writ the day on which he received it, and shall then fix the
day on which an election shall take place for a member of Council of
the county or borough.
Poll, by whom 39. The poll in every ward shall be taken before the Field-cornet
taken. thereof, or other officer appointed for that purpose by the Resident
Magistrate.
Scrutineers. 40. Every candidate may, if he. thinks fit, appoint a scrutineer to see
that the votes are fairly taken and recorded.
Electors to 41. The election shall take place in the following manner : — Every
^candidates'. Person whose name is on the voters' list may vote for one or two candi-
' dates, as the case may be, by delivering to the returning officer a voting
paper, containing the christian and surname ofthe candidate, signed by
tlie person voting, and stating his place of abode and description.
Votes kept and 42. The returning officer shall place such voting papers in a box to be
registered. provided for the purpose, and shall also register each vote in a book, in
manner set forth in the schedule hereunto annexed, marked " B."
Duration of 43. The poll in every ward shall, upon every day appointed therefore,
election. commence at 8 o'clock in the forenoon, and close at 4 o'clock in the
afternoon.
Poll, where to 44. The poll shall take place at such place, and continue for such
take place. period, within each ward, as the Lieutenant-Governor shall for that
purpose appoint by proclamation, under his hand.
What ques- 45- No enquiry shall be permitted at any election, as to the right
tions maybe of any person to vote, except as follows :— that is to say, the returning
47
officer may, at the request of any qualified elector, put to any voter the
following questions, or either of them, and no other :¦—
(1.) Are you tlie person whose name is signed as A. B. to the
voting paper now delivered in by you ?
(2) Are you the person whose name appears as A. B. on the
voters' roll now in force in this ward ?
46. Ifany person shall wilfully make a false answer to either of these Penalties for
questions, he shall forfeit one hundred pounds, and be for ever disqualified &lse answers.
from voting at any election within the colony.
47. At the close ofthe election the returning officer shall ascertain the Ascertaining
number of votes given for every candidate, and shall then transmit the ysuitof poll
name of such person or persons, together with the state ofthe poll, at the Iteof poTi in
close thereof, to the Resident Magistrate. each ward to
48. When the Resident Magistrate has received the state of the polls ^i'T"1^
for the several wards, he shall forthwith cause a list thereof, with the Magistrate of
names of the wards, together with the final state of the poll, to be county or
published, and the candidate or candidates who shall have the greatest dlvlsion>
number of votes shall be deemed to be elected. ftateof^oU °f
49. In case of an equality of votes at any election, the returning Equality of
officer shall determine by lot which of the persons shall be elected for votes at elec-
whom an equal number of votes has been given. tion-
XIV. Miscellaneous.
50. The Legislative Council may, by any Act or Acts, from time to Powers to
time, establish new electoral districts for the purpose of electing mem- Legislative
bers to the said Council, alter the boundaries of electoral districts, Council '°
for the time being existing for such purposes, alter and appoint the num- of members6'
ber of members to be chosen for such districts, increase the whole provisions
number of elected members of such Council, alter and regulate the eiectionst0&c
appointment of returning officers, make provision for the issue and
return of writs for the election of members, and the times and places of
holding elections, and for the determination of contested elections for such
Council. The Legislative Council may also, by any Act or Acts, from
time to time, alter any laws, provisions, or regulations for the time being
in force, concerning the election of members of the Legislative Council,
the qualification of members and electors, or concerning the number of
members which shall constitute a quorum of the Council. Provided
always that any bill for any of the said purposes shall be reserved for the
signification of Her Majesty's pleasure thereon.
51. It shall be lawful for the Lieutenant-Governor, by proclamation, General power
from time to time, in the Government Gazette, to vary, annul, or add to Lieutenant-
to any ofthe provisions herein contained, relating to the registration and Go*ernort0.
revision of list of all persons qualified to vote for elected members of by proclama-
the Legislative Council of Natal, or relating to the appointing of return- tion, for ensu
ing officers, the issuing, executing, and returning the necessary writs for conduct"of 'ly
such elections, and for taking the poll thereat, the determining the elections.
validity of all disputed returns, and otherwise for ensuring the orderly,
effective, and impartial conduct of such elections.
48
SCHEDULE A.
form of voters' list.
Christian and Surname at
full length.
Place of
abode.
Quality or
Business.
Nature of
Qualification.
SCHEDULE B.
FORM OF REGISTER BOOK.
Name of Voter.
Names of Candidates.
A. Z.
H. Y.
K. D.
A. B.
C. D.
E. F.
G. H.
SCHEDULE C.
RESERVED CIVIL LIST.
Lieut.-Governor .£1,200
Colonial Secretary 700
Colonial Treasurer 450
Crown Prosecutor 450
Surveyor-General 450
^ecretary for Native Affairs . , 500
Native Purposes g 000
£8,750
12.
Governor Sir George Grey to the Right Hon'ble
Lord John Russell, M.P.
[No. 35.] Government House, Cape Town,
24th November, J 855!
My Lord— Adverting to my despatch, No. 34, of even
date herewith, transmitting a draft of the provisions neces
sary for the purpose of introducing representative institutions
into the colony of Natal, I beg to point out that some
49
changes are also necessary in the Executive Council of that
colony. 2. It consists at present, besides the Lieut.-Governor, of
the Colonial Secretary, the Law Officer of the Crown, the
Surveyor-General, and the Collector of Customs.
3. This latter officer necessarily resides at the Port of
D'Urban, fifty-two miles from Pietermaritzburg, the seat of
the Executive Government. He, therefore, can rarely, or
never attend the Executive Council. He certainly cannot,
under the proposed system, attend the Legislative Council
during its session, without great injury to the Customs
revenue. I therefore recommend that he should be replaced,
in the Executive Council, by the Secretary for Native Affairs;
or, in the event of there being no such office, then, until Her
Majesty's pleasure is known, by such other officer of the
Government as the Lieut.-Governor may summon to the
Executive Council.
4. I further think that it may often be impossible for the
Surveyor-General to attend either the Executive or Legisla
tive Council. I should, therefore, recommend that this
officer should be replaced by the Colonial Treasurer, who
would thus, if the proposed new legislature is adopted, have
also a seat in the Legislative Council. I have, &c,
(Signed) G. GREY.
13
Governor Sir G. Grey to the Right Hon'ble Lord
John Russell, M.P.
[No. 36.] Government House, Cape Town,
27th November, 1855.
My Lord, — I was directed by Your Lordship's prede
cessor (despatch No. 38, 31st December, 1854), to report
the applicability, to the colony of Natal, of the Local Councils
Ordinance, to which much opposition had been manifested,
by some ofthe inhabitants of that colony.
2. Having, in obedience to my instructions, turned my
attention to this subject whilst in Natal, 1 have to report
that various deputations of the people of that colony brought
this local law under my notice.
50
3. It appeared that it had been brought into successful
operation in some counties, whilst in other counties the
inhabitants would not act under its provisions.
4. I think that this result was to be expected from the
provisions of the ordinance and the nature of the colony,
the combined operation of which causes render it very
suitable for some portions of Natal, and less so for other
parts ; as, for instance, when the very extensive and difficult
main line of road which leads from South Africa generally to
the port, and which ought, perhaps, rather to be made and
kept in repair by the whole colony generally, than by the
fourteen hundred widely scattered European inhabitants of
the country through which it passes
5. But the Government of the colony having stated that
it will not attempt to introduce the law in those districts
which object to it, until it is known if the subject can be
brought before a legislature containing elected members, I
stated that I should report it as my opinion that Her Majesty
ought to be advised to leave the law for the present to its
operation, neither confirming it, nor disallowing it, in order
that such a legislature as I have above alluded to, might, if
it was constituted, either amend or repeal the Local Councils
Ordinance. 6. This decision appeared to give entire satisfaction, and
if it should be decided to bestow on Natal a legislature, con
taining elected members, I think Your Lordship cannot do
better than follow the course I have above recommended.
I have, &c,
(Signed) G. GREY.
14.
Governor Sir George Grey to the Right Hon'ble
Lord John Russell, M.P.
[No. 37.] Government House, Cape Town,
27th November, 1855.
My Lord, — Your Lordship will observe, from the copies
of the memorials presented to me in Natal, which I have
transmitted to Your Lordship, in another despatch, that the
advisability of permitting the introduction of convicts into
51
Natal was pressed earnestly upon me by one party of per
sons, and most strongly objected to by another.
2. I beg to state it as my opinion that those who desired
the introduction of convicts into Natal, only did so from
what they regarded as the utter hopelessness of their present
position, and that, if the various remedial measures which
I have recommended are adopted, they would then very
unwillingly see convicts introduced into the colony,
3. I replied to the deputations who waited upon me on
the subject, by stating that Natal could not be regarded as
alone interested in the question, because, from the facilities for
escape and concealment which the colony afforded, it was
certain that if convicts were introduced into it, in any num
bers, they would escape and spread in various directions
through South Africa. That I was aware Her Majesty took
a lively interest in the welfare and happiness even of those
portions of South Africa, which, although they now formed
no portion of her dominions, had so recently been under
Her Majesty's sway, and that, therefore, I felt satisfied that
such a measure as introducing convicts into Natal would not
be adopted by the Queen's Government, until the general
effect of such a measure, upon the interests of the whole of
South Africa, had been carefully considered.
4. This reply, whilst it appeared from its reasonableness
to give the most entire satisfaction, quite set at rest the
attempt in favour ofthe introduction of convicts into Natal,
as 1 am satisfied that even those who conscientiously believed
that such a measure would be beneficial to Natal alone, felt
that it would be regarded by the inhabitants of the other
parts of South Africa as fatal to their respective interests.
I have, &c,
(Signed) G. GREY.
15.
Governor Sir George Grey to the Right Hon'ble
Lord John Russell, M.P.
[No. 38.] Government House, Cape Town,
November 29, 1855.
My Lord, — Your Lordship is aware that, in accordance with
instructions issued to me from Your Lordship's department,
e 3
52
I recently promoted Mr. Cloete, the Recorder of Natal,
to a seat upon the bench in this colony, and that a gentleman
in Natal has been temporarily appointed to fill the office of
Recorder of Natal, vacated by Mr. Cloete.
2. When I was recently in Natal, the subject of the
judicial arrangements in that colony was, by repeated depu
tations, pressed upon my notice ; the general feeling appear
ing to be that a single judge was insufficient, because in so
small a community every man's private affairs were neces
sarily known, and that the position of a single judge often,
therefore, became one of the greatest difficulty and delicacy.
For these reasons I was very generally prayed to recommend
that three judges should be appointed to the colony of Natal.
3. The object in this case appeared, in itself, very desirable ;
but there arises the question whether the resources of the
colony could bear the charge of three judges, and whether, if
they cannot, some less expensive arrangement might not be
adopted, by which the same ends might be attained in a
manner suited to the population and resources of the colony.
4. It appeared to me that the persons to whom the decision
of this question could be -best left would be the Legislative
Council, if the representative element is introduced into it.
I therefore informed the several deputations that I would
advise Your Lordship to make no permanent arrangement in
regard to the judicial bench in Natal, until the question as to
number and nature of the judges which the colony should
have was decided by the Legislative Council.
I have, &c.,
(Signed) G. GREY.
16.
Governor Sir George Grey to the Right Hon'ble
Lord John Russell, M.P.
[No. 41.] Government House, Cape Town,
December 3, 1855.
lirCGfGrey(t0 Mt. LoRD — By the despatches of the numbers and dates
Se0;4'i8S4 ' n°te(* m ttie. mar£in> * was directed by Your Lordship's pre-
bT 'do. do. decessor to inquire into and report, amongst other subjects,
Mar'Sl uPon the proposed removal of a large portion ofthe native
53
population at present in Natal to the south-west of that
colony, under the direction of Mr. Shepstone.
2. I have made careful inquiry into this subject, and have
bestowed considerable attention upon it, and have now the
honour to report as follows : —
3. Our present position in reference to the tribes of South
Africa may be thus slated, —
4. As the European population has found it necessary to
spread itself over the country in the pursuit of its interests, real
or imaginary, the tide of emigration appears to have flowed
for a long time steadily from west to east, following a course
running along and parallel to the coast line.
5. At length, between the 26th and 27th degrees of east
longitude, tribes of a sterner and less tractable character than
the emigrants had hitherto met with were encountered.
They were generally the occupants of hill fastnesses, or of a
difficult country. The tide of emigration was by these tribes
checked in its course ; but still, seeking for an exit for its
ever rising waters, it flowed along the borders of these fierce
tribes, as they were met with successively, Kafirs, Tambookies,
Basutos, Barolongs, Koranas, Mantatees, &c, trending in a
northerly direction, but still ever trying to force its way out
to the eastward, to the sea coast, until the western boundaries
of the district of Natal being attained, a country which
had been depopulated by the atrocities of Chaka and Dingaan,
was thrown open to the advancing tide of emigration, through
which, finding it unoccupied, it passed down over the
Draakenberg range into the low country, gaining again the
sea coast at Port Natal, — the emigrants, as they advanced,
scattering themselves throughout the territory they had thus
found vacant.
6. As the tide of emigration poured along in the course
above indicated, families of emigrants had, along the whole
line of route, occupied such positions as their interest or
caprice led them to select. These settlers have been since,
from time to time, joined by others, and thus have grown
into existence, the now populous countries ofthe eastern dis
tricts, Kaffraria, Albert, the Queen's Town district, the
Orange Free State, and Natal.
7. But if the barbarous tribes which throughout the whole
course of this emigration stopped and turned its tide be
regarded as cliffs or barriers, the tide, although stopped, has
ever since sullenly chafed against them ; from time to time,
e 3
54
by its surges it wears and eats them away, and in its turn is
constantly thrown back and rebuffed by the obstacles which
it encounters. 8. Thus the eastern districts have ever been harassed by
the turbulent Kafirs,— the people ofthe Albert and Queen's
Town districts, by Kafirs, Tambookies, and Basutos ; the
Orange Free State by Basutos, Barolongs, and Koranas.
On some points of this extensive line, it is all the European
race can do to maintain its position ; and it is yet doubtful,
now the European population is broken up into separate
states, if some one of these small communities may not here
after find itself, at least for a time, overmatched by the
turbulent barbarians who hang upon its eastern flank.
9. The great chance of safety for all of them appears to be
this,— that the tract of country bounded by British Kaffraria,
the Queen's Town district, Albert, the Orange Free State,
Natal, and the sea, is not thickly inhabited by the coloured
race. The most densely inhabited portions of that territory,
are the hilly regions and difficult tracts of country which
abut upon the European states, and lie on the western side
ofthe mountain range; but there is a large tract of fertile
country, lying along the sea coast, and on the eastern side
of the great mountain range, which is nearly uninhabited, into
which Europeans are now filtering, which could carry a large
and wealthy European population, thepresence of whichwould,
by shutting in the native tribes between two forces, secure those
European states which are now in constant jeopardy of hos
tile inroads from their barbarous neighbours. However, at
present, as I have stated, this great tract of country lies
vacant. 10. Whilst one great branch of the stream of emigrants
flowed down into the district of Natal, another branch con
tinued its course to the northward, spreading by degrees,
until it has reached the great inland lake, Ngami. The
European population could not continue to spread along the
sea coast to the northward of Natal, stopped as it was effec
tually by the numerous aud warlike Zulu nation, but even
still more effectually by the climate, for having come out on
the sea coast, at Port Natal, it soon reached that point in
latitude where the season of South Africa ceases to be habit
able by a European race. For, although the high lands of
the interior are, for many degrees nearer the line, adapted to a
European constitution, the lowlands of the coast, between the
55
26th and 27th degree of latitude, are unsuited to white men.
Densely inhabited as those districts already are by natives,
they must lor along time form, as it were, breeding grounds,
from which a numerous coloured population will, from time to
time, be ready to pour forth into the adjoining countries,
south and west.
1 1. Turning now again to Natal, which, as has been stated,
is the country through which the tide of emigration, diverted,
as it has been, from its first line of direction, flowed down
again to the sea coast, we there find that the European race
has established itself to the number of 8,500 souls, supported
by a military force of 520 men. On its north-east boundary,
lie the territories of Panda, chief of the powerful and nume
rous Zulu nation, whose standing force cannot, I think, be
rated at less than 30,000 men. No sooner had the occupation
of Natal by the British, afforded a refuge there from the tyranny
of Panda, than refugees, now amounting to 100,000 souls,
poured into the colony, partly to seek for safety, partly to
obtain possession of lands — which were freely given to them —
where they could grow produce in the immediate neighbour
hood of a good European market. Such refugees still con
tinue to fly into that country, to the great displeasure of their
chief, who, from time to time, threatens to attack the district
unless these wretched beings are given up to him, — which
proceeding, of course, cannot be sanctioned, although the
utmost is done to check the influx of these people. Notwith
standing, however, every effort to attain these ends, more
than six hundred refugees have fled into the colony within
the last few months. It may be said that any great exciting
cause in Panda's territories might drive another 100,000
souls from thence into ours, unless some obstacle checked so
vast an emigration. This influx of refugees at present
constitutes the greatest danger of Natal ; for whether they fly
into the colony, or through the colony into a country beyond
it, where they are supported by British influence — direct or
indirect— the danger to the colony is the same. Its territories
are those which abut on Panda's dominions ; they are neces
sarily, therefore, those into which— in a moment of passion
or revenge— his predatory bands would at once be poured.
This, in determining the question under consideration, is a
point which should be carefully borne in mind.
12. Now, with regard to the 100,000 natives in Natal, it
is, for the present, only necessary to remember that they
56
have, in great part, been there since 1844, that is for eleven
year's ; — that no serious disputes have arisen between them
and the Europeans ; — that they are all now brought under
magisterial influence and control ; — that they are become
considerable producers, and are improving in agricultural
pursuits; — that they respect and are attached to our govern
ment; — and that besides contributing considerably to the
revenue derived from indirect taxation, they pay annually a
direct tax of 7s. per hut (the average population of which is
3J), thus affording the means for their improvement and
control, and for conducting, on a proper footing, the
relations between themselves and the European race. Lastly,
they are located in certain districts which are already
becoming tolerably well occupied, so that in order to prevent
the population in these districts from becoming too great;
their influence must soon be exercised to arrest and dis
courage the arrival of fresh refugees, - the presence of whom
will shortly become a source of embarrassment to the natives
already in Natal, — whilst, on the other hand, the difficulty
which the new comers will themselves now experience in
obtaining land for cultivation and occupation will probably
deprive them of one great inducement for emigrating into
Natal. 13. This state of things in Natal, which presents so much
that affords hope for the future, is attended with one dis-
noIrUtto"the°ver" couraging feature. The refugees who have come into Natal
Srti"f.?p«: hav.e been Placed in enormous and inconvenient locations,
atejw'arch 12, which so completely comprise, within their extent, the natural
fastnesses and broken country of the colony (although con-
no!r'sDe10Itcrh taininS much fertile land), that, had the great Zulu warriors,
No.8i,eifoav?i; Chaka and Dingaan, had the selection of the locations, they
issi: par. 49. cou]d not have chosen spots better adapted to enable the
natives to set at defiance the arms of the white men and the
authority ofthe government.
14. The collection of great numbers of natives together
in this manner, in locations apart from the European race,
prevents, to a great degree, the possibility of any improve-
Mr. owen-s ment taking place amongst them, the first step towards
SXkeo? attainin9 which must be to induce them to acquire habits of
MaTcTfisst fdusJ.ry> whch Represent immense extent of their locations
' " ¦ has hitherto done much to prevent, as it encourages them to
leaa an idle, vagabond, pastoral life, and prevents their
mixing with the white population as employers and employed,
57
and so destroys their opportunity, in that respect, of acquiring
habits of industry.
15. Generally, therefore, it may be said that we have now See enclosed,
a country about 145 miles in length, and of an equal breadth, ^sui^or-
boundedon one side by the sea, and on all its other sides by Petnheer^n ,£utf
European states, the difficult and hilly edges of which, where Ssmiiesfis0
they abut upon the European population (at least on every coumZ/to^he
side but that of Natal), are inhabited by subtle and trouble- Ke'f0°fcuhe;ed
some races of barbarians, but the other parts of which country, by *i»e Gaikas.
whilst they are still of the most fertile character, lie bare of
inhabitants, and are admirably adapted to carry a dense
European population. Extensive means are now in operation
for civilizing and christianizing the people who inhabit this
territory, which, whilst they remain so small in number,
appear to bear some fair proportion to the ends contemplated,
but which would be neutralized and rendered useless, by a
too great increase of the coloured population.
16. Immediately to the north of this country we find
Natal, with 8,500 Europeans, and 100,000 native inhabitants,
— the natives already contributing nearly £10,000 per annum
to the revenue, by direct taxation ; and, yearly, as they im
prove, contributing more and more to the revenue raised by
indirect taxation. They constantly become more useful to
the European population, and extensive measures are being
rapidly brought into operation for their conversion and further
civilization, which means can be applied, with much chance of
success, whilst they are in contact with a European population.
17. Beyond Natal we have Panda and the Zulus, with
whom, I believe, much may, by proper means, be effected ;
but upon this subject I will report more at length after a
visit which I hope to pay him in the month of June or July
next. We have, also, all our past history teaching us that
the greatest injuries inflicted upon us in South Africa have
been those struck by our own hand, by constantly swamping te
our partially improving coloured population, by pouring in
upon them fresh hordes of unreclaimed barbarians. Thus
the Fingoes, in their large isolated locations, poured into the
colony in 1835, now constitute our greatest danger here.
Thus the Zulus, poured into Natal in 1844, constitute the
greatest danger there. Why then, when a certain line of
policy has invariably produced disastrous results, still adhere
to it, and try to pour 60,000 barbarians down on our colonial
frontier ?
58
18. I cannot think such a proceeding is likely to be advan
tageous to the natives whom it is proposed to benefit by it.
19. All the natives in the district of Natal have been under
Mr. Shepstone's management since 1 846, that is for nearly
ten years. He has had, for some time, the aid of intel
ligent magistrates for each native location, the advantage of
the presence of a considerable military force to check their
violence, of a market for their labour and produce, of mis
sionary institutions, of the civilising effects arising from the
vicinity of a considerable European population. The result
MarchW6Di854 °^ a'^ tms' as stated by Mr. Owen, an advocate of the mea
sure, is, that " they are as great savages as they could pos
sibly have been 1000 years ago." Although 1 cannot coin
cide with him in this opinion, I think he is quite right in the
statement he makes, " that the cause why they have not
improved more, is that the immense extent of the native
locations encourages them to lead an idle, vagabond, pastoral
life, and prevents them mixing with the white population as
employers and employed, and so destroys their opportunity,
in that respect, of acquiring habits of industry." On this
point all seem agreed ; but I cannot, holding also these
views, find any reasons which can lead me to conclude, as
others have done, that there are greater hopes of civilising
and benefitting these people, by placing under the same
person, under whose control the experiment has not yet
succeeded, some fifty or sixty thousand of the wildest, most
restless, and barbarous of the whole of them, by leading off
these people to a location infinitely more extensive than that
which they have hitherto occupied, — where they will be
altogether isolated from European population, and thus cut
off from all employment,— where they will be removed from
all other civilizing influences, and be brought into the, close
^ vicinity of those barbarous, uncivilised tribes with whom we
have been so constantly engaged in wars. I do not think
that these people ought to be subjected to such a trial, or the
inhabitants of the Eastern frontier, of Albert, of the Orange
Free State, to such a risk ; at least, I think that the Parlia
ment of the Cape of Good Hope, which contains many men
of so much frontier experience, should be consulted, before a
measure which so seriously affects the future welfare of the
colony is adopted.
20. All our experience with the Fingoes and other tribes
has shown that it is most dangerous to collect ordinary bar-
59
barians in large masses. Even if they are placed near
enemies, intermarriages soon take place, colour, race, an equal
degree of civilisation, common tastes and superstitions, soon
create ties between them, and they unite against the whites.
If this is the case with ordinary barbarians, what can be ex
pected if you' take the wildest, most restless, and dangerous
of a savage tribe, and place them in the vicinity of tribes
distinguished for their love of war, and skill in pursuing it?
We have already gained but few advantages over the Kafirs,
have suffered a disadvantage from the Basutos. Why then
place immediately in the rear of these people, from 50 to
60,000 of the most restless and dangerous of the Zulu tribes,
from whom they may draw a ready supply of recruits ?
21. Then I see so few advantages, and many disadvantages,
for Natal, in the proposed measure. I presume that the
inhabitants generally feel that such is the case, for the many
deputations who waited on me did not press me to have it
carried out.
22. The advantages proposed to be gained for the colony Lieut-Gover-
of Natal, are, that in order to enable the Government to place separated* ° '
the natives in the colony of Natal under stricter, but whole- M^oVenuf4''
some restraint, — and to enable the Government to carry out Sje Duke of
. . ¦ JNcwca.stl6
stringent, but beneficial measures, which may enable it to March 16,1854.
break up and reduce the native locations, and to promote the
civilisation and interests of the natives, it is proposed to
remove from 50 to 60,000 of them out of Natal, beyond its
southern boundary, into the great tract of country which lies
between the several European settlements.
23. If the plan does not produce the result expected, that
is, if 50 or 60,000 natives are not drawn out ofthe colony of
Natal, then a fertile tract of territory, which, under proper
regulations, might be hereafter made to bear a large Euro
pean population, and a point of great strength to Natal, can
no longer be appropriated in that manner which the public
interests will require. It will have passed under the dominion
of a single person, selected with no reference to his aptitude
for such a position, to be appropriated at his will, to be
governed at his pleasure.
24. Even if the end contemplated is attained, that is, if
50 or 60,000 natives are drawn out of Natal, they, as an
isolated coloured race, subjected to no civilising influences,
instantly become a source of danger on its south-west
boundary. A race of natives long in contact with Europeans,
60
who contribute largely to the revenues, who are anxious to
rise in civilization, who value the protection of the British
Government, will have been drawn away ; and who can pre
vent their vacant places being shortly filled up by the other
refugees, who are even now thronging into the colony?
These new arrivals will, in every respect, be inferior and
more difficult to deal with than those they replace, or if some
of the fugitives passing through the colony, take refuge in
the territory to be under Mr. Shepstone, the Government of
Natal loses all power of interfering to prevent this, yet must
support the consequences of any inroad that Panda and the
Zulus may make, to revenge such wrongs as they deem them.
25. If, next, this plan is considered with reference to its
details, these will be found to be as follows: —
See enclosed 26. That Mr. Shepstone should acquire, by voluntary
be™Surveyor cession from the natives, the supremacy over a tract of terri-
Generai. ^ory, containing 1,280,000 acres, if it goes as far as the St.
John's River ; or over 3,480,000, if it extends as far as the
Umtata River — which is also proposed. This territory com
prises a most healthy and picturesque country, — well watered
and of great fertility, — and having, it is believed, in the St.
John's, an estuary which may be converted into an available
port. 27. He is to rule over and govern the natives at present
in this territory, and all persons who may afterwards occupy
it ; it being believed that from 50,000 to 60,000 would at
once remove there from Natal, who, if they did so, would
yield immediately a revenue, by direct taxation, of £5,000 a
year. 28. The Government is to guarantee him a pension of five
hundred pounds per annum, — the amount of his present
salary. 29. He is to have the right of raising and appropriating
such revenues as he may think sufficient for his own support,
and for carrying on the government ofthe country
30. The British Government is to guarantee the territory
against foreign aggression, and against its own subjects who,
with the exception ofthe natives not born in British territories,
must form the bulk ofthe persons who would resort there.
31. Such is the outline ofthe plan. It is a mistake to
suppose that this country would be yielded by voluntary
cession to a private individual. It would be yielded to a
public officer who has, for many years, represented the British
61
Government in those parts, who, by direction of that Govern
ment, negotiated, with the paramount chief, a treaty, under
which a considerable stipend is annually paid to him ; who
the natives confound with the Government ; whose influence
is not personal but derived from his official position. It would,
therefore, in reality, be ceded to the British Government.
32. The proposition, therefore, is nothing else than that
Great Britain should establish a new kingdom in South
Africa (it is so termed in letters I have seen), — make Mr.
Shepstone the king of that country, — guarantee him the
security and integrity of his dominions, — give him a pen
sion of five hundred a year,— and agree that he is to have
despotic powers in governing the country — in raising its
revenues— in expending them.
33 No guarantees are exacted from him. It is not pre
tended that so princely a grant is to be bestowed on him in
reward of past public services which entitle him to it. No
condition is imposed on him precedent to his receiving this
noble gift.
34. The supremacy over the country, and the people who
may inhabit it, is first to be assured to him. Then he is to
induce as many of the natives of Natal as may be willing
to follow him — to join him. If not one thousand go, still he
forfeits nothing. Yet, it need hardly be said, what will be
the value of the gift of such a tract of country, not remote,
but lying between already populous European countries, —
near to a European population, where a nation, like Great
Britain, guarantees its inhabitants against foreign aggression
and the acts of its own subjects. Why should Great Britain
enter into such guarantees ? It throws off many thousands
of its own European subjects in the Orange Free State,
simply because it will not protect them against foreign
aggression. Why should it now, with a single subject, enter
into such guarantees ?
35. I think, moreover, in a great empire such as this, that
it is wrong in principle to set a public officer over native
races ; and when he, from exercising for years over them
powers delegated to him by the nation he represents, has
necessarily, from his public position, acquired great influence
over them, to permit him to use such influence to acquire
the cession of a large tract of territory to himself.
36. If Great Britain thinks it necessary to set up in the
territory now under consideration, an independent kingdom,
62
under the sway of a prince established by herself, and
guaranteed by her against all foreign aggression, —which
kingdom, from its fertility and position, must soon be
occupied by a large European population, — let her choose
for the purpose, some one whose great public services give
him some claim to so noble a reward ; whose talents and
experience fit him to govern not only natives but Europeans ;
whose ability and knowledge would render this country a
bulwark and source of strength to Great Britain — not of
weakness ; and if she enters into such important guarantees,
let her exercise some control over the expenditure of its
revenue, the judicious, or injudicious application of which,
will determine what expense she will be required to bear in
fulfilment of her part of the conditions.
37. By the last despatch from Your Lordship's department,
in relation to this subject (No. 16, 20th March, 1855), it
appears that Her Majesty's Government has gone to the
extent of stating that there can be no objection to the emigra
tion of any of the Zulus from Natal into the country lying to
the S.W. of that colony, provided that no obligation is
incurred by the British or local governments for their main
tenance or defence in their new habitations, and provided
that the absence of all such obligation was distinctly notified
to them.
38. These instructions were, however, clearly issued, be
cause a full explanation had not been afforded of what had
taken place.
39. The plan was originally suggested by an officer of
the British Government, who, still holding that office, was to
negociate for the surrender of the territory to himself, and
who then was immediately to rule it as an independent prince.
It was further, then, understood by all parties, that Great
Britain was to recognise this new chief, and to undertake to
protect his state against aggression, either from other states,
or from British subjects.
40. It therefore appears that if the Amapondo nation
agreed to let a foreign people come in and occupy a part of
their territories, on the understanding that these territories
were given up to an agent ofthe British Government, with
the consent of that Government, and that the powerful
British nation was going to guarantee the peace of that
district, and of its inhabitants, by -promising protection from
aggression, or against all the world, then that justice to the
63
Amapondos requires that the proposed emigration should
not be allowed to go on under such altered circumstances,
until diey have been equally informed, with the Zulus who
propose to emigrate, of the changes in the plan which have
taken place.
41. Having taken the views upon this subject, which are
embodied in the present despatch, I have in pursuance of
the powers vested in me, directed the government of Natal,
neither directly or indirectly to encourage or sanction any
measures for carrying it out until Your Lordship's farther
instructions are received.
42. It only remains for me to add that, when I arrived at
Natal, I found that Lieut-Governor Pine, notwithstanding
the orders on the subject from Your Lordship's department,
had, immediately before he embarked from Natal, on leave of
absence, written, authorising Mr. Shepstone at once to take
all necessary preliminary steps for carrying out his project
when my approval to it was received, and that, acting on this
authority, Mr. Shepstone had secured the cession of the
territory to himself, subject to the approval of the British
Government, and had, by some of the natives in that territory,
been recognized, as a Chief, and it was therefore thought by
some, that to stop the plan would be a breach of faith with
the natives I, however, did not concur in this opinion, and
have given the instructions I have above stated.
I have, &c,
(Signed) G. GREY.
[Enclosure to Despatch No. 41. J
Memorandum of Mr. Shepstone's proposal to take with him a portion
of the Natives of Natal to the country south of this District.
Pietermaritzburg, January 23, 1854.
In the consideration of this memorandum I must beg attention to the
documents published in my evidence before the Native Commission,
pamphlet No. 1, pages 68 and 77, and No. 6, page 66, answer to question
311, as well as the evidence itself, as affording an explanation ofthe
circumstances which have induced me to make the offer described in
this paper.
My first proposal was contained in my letter dated December 9, 1852,
pamphlet 1, page 71 ; this contemplated the sovereignty of Her Majesty's
Government being proclaimed over all the country between this and the
Cape colony, and the establishment of a line of strong military posts con
necting the two frontiers, as also an intervening British colony on the St.
John's river. It appears, however, that the objections to this scheme
64
are insuperable, principally on the ground of its expense ; I therefore
subsequently, in several conversations with the Lieutenant-Governor,
and as explained in answer to my question 311, already referred to,
made a second proposal, viz. :— To take such of the natives residing in
this district as are willing to follow me to the country south of the
Umzimkulu river, that is the southern boundary of this district, and
there to rule them, and such others as may voluntarily submit them
selves to such rule, without the interference of the Government being
necessary. To accomplish this, I propose —
1st. To acquire by election or voluntary cession from the chiefs and
tribes now resident in the territory between the southern boundary of this
district and the St. John's river or beyond, so much of the country as
may be necessary for the purpose and supremacy over themselves and
their tribes ; from this I exclude " Faku," and the Amaponda tribe or
nations. All my measures would be taken after concert with that chieftain
and with his consent and approval.
2nd. The Government having consented to my going, I propose to
make known this arrangement to the natives in this district, especially
to such as are not residing on the northern or north-western border
locations, because I think these are useful bulwarks to Natal against
invasion, and should not therefore be specially tempted to leave, and to
proclaim the consent of the Government to such as may be willing to
follow me to the country in question, thereby distinctly showing that my
invitation is known to, and approved of, by the Government.
3rd. Should I suceeed in drawing off any considerable portion of the
coloured inhabitants of this district, it will be necessary, and I submit,
but just, that the British Government should guarantee the territory to
them against foreign aggression and its own subjects, so long as they
behave in good faith with that Government and this colony.
4th. Having established rule over them, they would be governed
according to the principles of their own laws and customs, so modified
from time to time, as gradually to ameliorate their social condition.
5th. Believing, as I do, that the duty of providing for the instruction
and moral improvement of people in the condition in which these are
found, devolves as peculiarly on the Government set over them (supposing
it to be civilised and Christian) as that of children on their parents, I
propose that in due time a scheme of mission operations should be devised
and extensively carried out. This I propose to do by the promised assis
tance ofthe Lord Bishop of Natal, as soon as circumstances will permit
me, and wheu the means at my disposal are such as to enable me to offer
it some substantial support.
6th. The country being guaranteed to them, it would be both feasible
and permanently advantageous that every encouragement be afforded to
the production of such articles of commerce as impart to cultivated land
a special and lasting value. No greater guarantee for the public safety
could be created than a due appreciation of the value of fixed property,
and the first sure step towards the existence of such feeling is to induce
the cultivation of some profitable production.
The objections I have heard urged against this proposal are —
1st. That it would be raising up a formidable power on our immediate
border, which might eventually jeopardise the safety of this district.
2nd. That the Government would lose the tax, and the white popula
tion their labour.
65
3rd. That it would complicate the position of this Government, and
impose additional obligations upon it, such as the protection of this coun
try in the event of war, &c.
4th. That in the event ofthe natives in this district refusing or declin
ing to leave it, the Government would be placed in a false position, or
be bound to coerce them.
5th. That by sanctioning such a measure, the Government would be,
in fact, alienating a prospective right to that country, investing the black
population with a legal title to it, and thereby destroying the probability
of any future settlement of whites within it.
To these objections I answer —
1st. An independent power is already fast growing up in that country,
which in a few years will only require consolidation to make it formidable.
It is being filled up by malcontents, both from this colony and the frontier
of that of the Cape.
Such being the case, the tone of popular feeling in it must necessarily
be inimical to British rule, or will soon become so.
The emigration to it being chiefly that of families, or at most, sections
of tribes, and not of considerable or organized bodies, one individual will
eventually become the head of the population by common consent. The
feeling that places this power in his hands is anti-British, and to retain
it his policy must correspond.
To guide what we cannot stem is one object of my proposal, and in
my view, next to the Government taking the control of the country into
its own hands, it is most desirable to allow and encourage such Europeans
to do so, who have influence sufficient to attain this position, and from
whose previous character and experience the advantageous discharge of
duties and responsibilities may be inferred.
2nd. That the Government would lose the tax, in proportion to the
number who leave, is beyond doubt ; but the question is, can the hut tax
be looked upon as a permanent source of revenue under our present
circumstances 1 I think not. Like most other taxes it has become
unpopular ; whenever opportunity offers, the payment of it will be evaded.
It has now been collected for four years, and no collection has equalled
that of the first, although the machinery has been increased as ten to one.
Emigration from the southern part of this district has been in progress
for some time past. By crossing our boundary the natives avoid our
tax. This will continue, and the revenue from this source must of
necessity diminish in proportion, although certainly but by comparatively
slow degrees.
It would therefore appear that so much of this objection as relates to the
loss of revenue does not maintain, upon examination, so serious an aspect
as it at first sight assumed.
On the other hand, should the Government desire to increase its
revenue by a higher rate of taxation, would it deem itself in a position to
do so safely, with a preponderance of 20 to 1 in favour of the paying
population ? or indeed, would it feel justified in carrying out any other
general, stringent measure, however beneficial, with such a preponderance ?
The emigration from the south of this district, already alluded to, is
comparatively but slow, chiefly because of the uncertainty the people are
in as to what will be their condition in. their newly adopted country, and
because the Government has not expressed its views on the subject.
Should my offer be accepted, both these difficulties would be done away
66
with, their position would be defined, and the Government will have
proclaimed its consent.
The great result of this will be, that whatever measures the Government
of Natal may deem necessary to institute, the idea of resistance to them
will give way to that of simple avoidance by removal.
The loss of labour to be apprehended in consequence, I look upon as
a mere apprehension. It is notorious that many, if not the majority, of our
labourers do not belong to the tribes in our immediate neighbourhood ;
they come from a distance, numbers from beyond the Drakensburg, and
some from latitudes far north of Delagoa Bay ; why should they not
come from their new abode for the purpose of seeking employment, and
under better regulations ?
But, admitting that it is desirable that the colony should furnish its own
labour, I am of opinion that the failure of this will not result from the
paucity of labourers within it, but from a disinclination to labour in one
particular direction.
It is necessity that induces those from a distance to travel hundreds of
miles in search of employment for which they receive wages ; they want
cattle or blankets, as the case may be, and they find that the surest way
of supplying this want is to work. Those residing in our immediate
neighbourhood attain the same object, but by a different mode of applying
their labour ; they have the advantage of our markets, and they supply
them with produce.
Therefore, until this — the easiest, and, as a consequence, the most
natural means of supplying their wants — ceases, it is not to be expected
that they will voluntarily select that mode, the condition of which it is
the object of every human being to escape from, or render himself
independent of, — namely, servitude.
But, in my opinion, this should be left to the progress of circumstances;
the changes cannot be directly forced with any permanent healthy result.
An impulse may indeed be imparted, but reaction is sure to follow.
Doubtless, however, measures may be instituted, which although they
have an indirect, would still have a powerful influence upon the state of
things. With the black population reduced to one-half, which I think it
possible it may in eighteen months from the announcement of the
measure, the locations might be considerably reduced, and the tax raised
so as to protect the revenue from any very serious loss. Fifty thousand
would then be enjoying the advantages which had hitherto been dis
tributed among 100,000 ; and-, in any case, I do not think the idea of
resistance would ever occur to them.
3rd. Faku has already been acknowledged by the British Govern
ment as the paramount chief over the whole of the country, part of
which I contemplate occupying. The Government is, moreover, bound
in a treaty, offensive and defensive with that chief, to protect him in time
of war ; therefore no obligation would be added to those which already
exist in this respect.
4th. The Government of this district would issue no order on the
subject ; it would but proclaim its permission. If this permission were
not taken advantage of, no cause of offence can have been given. It
would rather be a practical demonstration of attachment and preference
to it, and its position would therefore be rather strengthened than other-
67
5th. With regard to this objection, it is plain that the Government has
at present no right to that country ; and it is also now beyond doubt
that it would be difficult to acquire any from the present possessors by
any voluntary act of theirs for the purpose of white colonization, while
for black the difficulty is not so great. My impression is, that this
should be left to be developed by time. If, in the course events, white
emigration tends in that direction, I believe no Government will be able to
stop it, and both parties must adapt themselves to circumstances as they arise.
These, then, are briefly my views concerning the undertaking I have
volunteered to grapple with. It is now upwards of twelve months since I
first did so verbally to the Lieutenant-Governor, but the appointment ofthe
native commission, the scope of whose inquiry embraced this question, has
kept the matter in abeyance until now, and at length that body has, in its
report, recommended, with some modifications, the acceptance of my offer.
I am fully sensible of the difficulties and even dangers by which the
attempt is surrounded, but I believe they can be rendered insuperable
only by delay.
To speak of my prospects of success would be but to discuss myself;
when so much depends upon my own exertions and personal qualifica
tions it cannot be otherwise ; and I would merely urge that, inde
pendent of these latter, of which I must leave more unprejudiced autho
rities to judge, I have for a series of years been thrown by circumstances
into such peculiar connexion with the natives of this country, as well in
this district as on the frontier of the Cape Colony, where they are called
Fingoes, that I can have no hesitation in stating that I possess their
entire confidence and respect, and many of them have begged me to
obtain the sanction ofthe Government to take this step.
The country I propose to occupy lies between the rivers Umzimkulu
and St. John's, or the Umtata.
Faku is acknowledged by the Government to be its paramount chief.
There are, however, many smaller tribes who inhabit it, and are inde
pendent of Faku, and much of it is altogether unoccupied.
Faku has more than once invited me to become his neighbour, and
offered whatever extent of territory I might require, as an inducement :
with the minor chiefs I anticipate no difficulty.
From the foregoing it will be observed that I have proceeded on the
assumption that the British Government is averse to acquiring any fresh
territory in South Africa ; therefore I do not ask the Government to
acquire the territory and place me over it, or in any way to compromise
itself in the matter. What it does not possess it cannot give.
I merely ask that, being a British subject, and, moreover, a servant ofthe
Government, I may be allowed to acquire both the country and supremacy
over the people by voluntary cession and election. I believe I can acquire
this, and that having acquired it I shall be able to afford much more efficient
service to the district of Natal than by remaining in my present position.
Natal requires a popular outlet to her ever-increasing black popula
tion. This will furnish it. To attain the same end by a forced removal,
would be as unjust as it is physically impracticable.
It is also necessary for the ultimate safety of Natal, that the country
in question should be rescued, by some settled and friendly rule, from
the state of lawlessness in which it is at present plunged ; this will also
be accomplished, and without any additional expenditure to the Govern
ment to secure it.
f2
68
It now remains for me but to say a few words with regard to myself.
The proposal contained in this paper is prompted by the following
considerations : —
1st. A conviction that the black population of this district is placed
in a position which they cannot long occupy with safety, either to
themselves or the whites.
2d. A desire that, having been the chief instrument in placing the
natives in such circumstances, I shall endeavour to extricate them.
3d. It would be my duty, as well as my ambition, to relieve the
Government from a difficulty, the existence of which is perceived and
admitted by all parties.
4th. I believe that from the peculiarity of my position heretofore
towards these people, I am the only person who could, with any reason
able prospect of success, offer to make the attempt.
In undertaking this enterprise, the advantages of civilized society will
be lost, at least for some time to come, as well to my family as myself,
together with all prospect of promotion in the public service to which I
have nearly all my life belonged. I am not in circumstances which
would justify me in relinquishing ray salary, and abandoning su"ch claim
upon the consideration of Government as a service of nineteen years in
various responsible offices would seem to entitle me.
It is probable I may, after a time, be able to raise revenue sufficient
for my own support, and for carrying on the Government of the coun
try; but of this I cannot be sure.
I ask therefore, that, in consideration of my past services, and of that
which I propose to render by the measure which I have now explained,
that my present salary be continued and secured to me in the shape of
an allowance or pension. I could not, in duty to myself and those
dependent upon me, consent to hazard all for that which nevertheless
may fail.
It is also necessary that when I have acquired the position I contem
plate, I should bejecognized in it by the Government. I should then
cease to be its servant in the sense in which I now am, but I should
never cease to be an Englishman, and to render every possible homage
and allegiance to my Sovereign.
In making these proposals, I have restricted myself to such only as
appear to me practicable, and which I feel myself equal to carry into
execution. I have avoided such as would entail on the Government
fresh responsibilities or additional expenditure ; I have not asked for
any pecuniary assistance or advance beyond the salary I at present
draw, however difficult it will be to commence without funds ; and I
have adopted this course because I am anxious to place no obstacle,
even the smallest, in the way of Government consenting to a scheme
that appears to me calculated to relieve it from many future difficulties,
and which, under this conviction, I have felt it my duty to offer to
carry out.
Having done this, I have discharged my duty and my conscience.
Should the Government accept, well; but if, on the other hand, it
should in its wisdom devise some other plan, or modify this, I am its
subject and its servant, and shall be content to fulfil the duties of my
condition. (Signed) T. Shepstone,
Government Secretary of Native Affairs.
69
17.
Governor Sir George Grey to the Right Hon'ble
Sir William Molesworth, Bart.
[No. 134. J Government House, Cape Town,
December 7, 1855.
Sir, — I have the honour to acknowledge the receipt of
your despatch, No. 9, of the 12th of August last, acquaint
ing me that only 107 enrolled pensioners had volunteered for
service in South Africa, some of whom would probably be
withdrawn before the time of embarkation, and that as it
would be obviously useless to send so small a number, their
services had been declined.
2. I beg to state that I think it would be a very great
advantage to the colony if even the small number who have
volunteered were permitted to come here. With much
experience in this matter, I feel quite assured that the
pensioners would succeed in South Africa, even better than
they did in New Zealand.
3. We already have a village nearly completed, for one
hundred men. If that was occupied, the news that they
have done well in South Africa, would be conveyed by the
pensioners, by letter, to all the pensioner districts in England,
and I have every confidence that we should then in a short
time obtain as many volunteers as we should require,- — tor it
is by no means a necessary part of the plan that they should
come in large numbers at once ; and the news spreading that
one detachment of pensioners had done well in the country
they had gone to, would soon induce them to join their
comrades. This was found to be the case in New Zealand.
4- Knowing Australia probably as well as any other
person, I am sure that if the real state and prospects of the
frontier of this country were made known, there would be
no difficulty in inducing persons to ejnigate here. It is most
unfortunate for the frontier that its true position is so little
known, and I was very sorry, from the remarks I saw in the
military newspapers, to find how little the future prospects
of the pensioners in this country are understood.
5. If you will permit the experiment to be tried here, you
wjll, I think, confer a great benefit on the pensioners them*-
selves, save Great Britain any further anxiety in regard to
f3
70
South Africa, and obtain the lasting gratitude of the people
of this country. I have, &c.
(Signed) G. GREY.
18.
Governor Sir George Grey to the Right Hon'ble
Sir Wm. Molesworth, Bart.
(Separate.) Government House, Cape Town,
December 8, 1855.
Sir, — I have the honour to state that I observe from your
despatch No. 9, ofthe 12th August, that it is in your opinion
very doubtful whether any inducements could be held out
which would be sufficient to tempt persons who are made
thoroughly acquainted with the state and prospects of the
frontier of this colony to emigrate there from Great Britain.
2. Probably the information regarding the state and pros
pects of the frontier which had reached England since that
despatch was written may have considerably modified these
views. 3. But I should wish to be allowed to add, as it is most
important that a right opinion should be formed on this
subject, that the inhabitants of those districts of the colony
which abut on the frontier districts must certainly be better
acquainted with the state and prospects of the frontier than
any other persons, yet that amongst these individuals, there
are now more than a thousand applicants for the few farms,
reduced in size, which still remain to be given out upon a
system of military tenure.
4. It is quite true that these persons calculate upon the
protection afforded by the military force now in the colony
without the aid of which they could not stand their ground.
But what I am anxious to see established is, a system by
which, in the course of a few years, an even greater degree
of security may exist than at present, without Great Britain
being required so constantly to maintain a large standing
force in the country.
5 In further proof of the well-doing of the people here,
I may state that, with a very great, I may say unusually great,
practical acquaintance with our colonies, I believe that the
71
English settlers who came out here in 1819 have succeeded
as well as emigrants have done in any part of the world,
better than in very many ; and as a consequence of this, the
value of landed property has continued for many years
steadily to rise.
6. I therefore feel entirely assured that the diffusion of a
true knowledge of the state and prospects of the frontier of
this colony would have the effect of rendering it a favourite
field of emigration, and that in no other way than by
encouraging emigration here, can Great Britain relieve
herself ofthe expense she now incurs for the defence of South
Africa. I have, &c,
(Signed) G. GREY.
19.
Governor Sir George Grey to the Right Hon'ble
Sir Wm. Molesworth, Bart.
(Confidential.) Government House, Cape Town,
December 10, 1855.
Sir, — I have had the honour of receiving Lord John
Russell's confidential despatch of the 2nd of July last, con
taining the expression of his opinion that the annual stipu
lated stipend of three hundred pounds should continue to be
paid to Captain Adam Kok, so long as he did nothing to
forfeit it, and requesting my opinion as to whether there
exists sufficient reason why the Cape legislature should not
be called upon to pay this charge, as his Lordship felt re
luctant that a charge of such a nature should be imposed
upon the British Treasury, in the manner Sir George Clerk
recommended. 2. I fear that the Cape legislature could by no means
whatever be induced to consent to pay this stipend to Captain
Adam Kok. The difficulty being, not to find reasons why
they should not be called upon to pay it, but to find any
single reason which would justify the government in asking
them to do so.
3. The Orange River Territory, although a dependency on
the colony, had its own government and treasury, and raised
and expended its own revenues, under the authority of its
72
own legislature. The arrangement entered into with Adam
Kok, under which the stipend of three hundred pounds per
annum became payable to him, was entered into for the
benefit of the government and people of the Orange River
Territory, and the inhabitants of the Cape colony were never
consulted regarding it, and never benefited by it.
4. The difficulty in finding the means of now paying this
stipend, arises from the abandonment of the Orange River
Territory ; against that abandonment the inhabitants of the
Cape colony almost universally and earnestly petitioned, as
being most detrimental to their best interests : and they still
regard it in that light.
5. Clearly, I think the present government of the Orange
River Sovereignty, when they took over that territory and
the government of it, ought to have been required to take
over its liabilities, and this stipend, annually payable to Adam
Kok, amongst the others. The Cape legislature is not
responsible for this omission or oversight.
6. I am of opinion that the best course would now be, for the
present, to pay this stipend from British funds ; but that
whenever the Cape Parliament makes any allowance to the
Government of the Orange Free State, upon account of
customs duties, which I think they will shortly do, in the
manner proposed, that the Governor and High Commissioner
should then be instructed to state to the Orange River
government, that Great Britain cannot consent to depriving
Adam Kok of his stipend without any cause for> such a pro
ceeding having been given by him ; that when the Orange
Free State was starting into existence, almost without a
revenue, Great Britain had borne this charge, which ought,
by right, to fall on the Free State ; but that now a consider
able annual sum was proposed, — at least, £5,000 is the sum
named, — to be handed over to the Free State from revenues
raised in the Cape colony. The Governor and High Com
missioner, in giving his assent to this measure, must be
assured that he did so on the understanding that the Free
State would henceforth, out of such funds, punctually pay to
Adam Kok the stipend to which he was entitled, upon the
days and in the proportions which might be agreed upon. I
think that the whole difficulty may still be, in this manner,
easily got over. I have, &c,
(Signed) G. GREY.
73
20.
Governor Sir George Grey to the Right Hon'ble
Sir W. Molesworth, Bart.
[No 44.] Government House, Cape Town,
Dec. 13, 1855.
Sir, — Whilst recently carrying out the instructions of Her
Majesty's Government in reference to the colony of Natal, I
found that, perhaps the most important subject connected with
that settlement, and one which admitted of no delay in its
adjustment, was the question eonnected with the mode of
occupation and disposal of the Crown lands.
2. From some oversight on the part of the authorities, I
fear that this subject has not been brought before Her Majes
ty's Government in a sufficiently prominent manner. Hence
the present system has been allowed to continue until it has
certainly endangered the safety of Her Majesty's possessions
in Natal, and until it has become the object of a large number
of persons to show that they do not reside within British
territory, and to dispute the limits of Her Majesty's pos
sessions. 3. The colony of Natal contains about 12,500,000 acres.
A large portion of this was originally occupied by the Boers,
who were compelled to perform burgher duty, when required
to do so, according to their system ; also each farm must be
occupied and furnish so many men for service in the field.
If these conditions are not complied with, the farm is either
forfeited or the owner is subjected to certain penalties.
4. When Natal was taken over by the British Government,
many of the Boers, from vague apprehensions, abandoned it,
and trekked farther into the interior beyond the mountain j^mutee to
range and the Vaal River. Many, however, remained in the enquire into
colony: to these the Government granted their farms, esti- ment ofthe
mated at about 8,000 acres each. The whole extent of land Natives-
so granted was between three millions and a half and four
million acres, but out of this, a large deduction requires to be
made for lands not taken up, which reverted to the Crown.
5. Ultimately, the conditions which were imposed on the Lieut.-Gover-
titles to land thus given were nearly all removed. Many °f D°erspatcn'SNo.
the farms then passed into the hands of speculators, some of 35, May 29,
whom do not reside in the colony. I was told that one
absentee held nearly twenty farms acquired by purchase
74
from the original grantees. Large tracts of granted lands
from this cause lay waste.
Lieut- Gover- 6. The remaining lands in Natal, after these grants had
Despatch,8 No. been made, were regarded as the property of the Crown.
iss4fapa?fi36. From the residue, about one million three hundred thousand
acres were set apart as native locations, which the coloured
races were allowed to occupy, without paying either any pur
chase money for such lands, or any rent for being permitted
to occupy them ; for although they are required to pay a hut
tax of 7s. per annum, for each hut, they pay this tax equally,
whether they reside on Crown lands or private property.
Enclosure <j m The enclosec[ regulations for the sale of Crown lands
were then established, by which all country lands were dis
posed of by auction at an upset price of 4s. per acre ; and as,
in practice, country lands may be said to have been only
offered for sale in farms of 6,000 acres each, no person, except
one who was able to invest £1,200 in the purchase of a farm,
reserving sufficient capital to tsock it, could buy a farm from
Enclosure the Government. Under this system, seven millions acres of
from smvey™- land have remained locked up since 1844 ; and during the
Enclosure last &ve vears onty 67 acres of town and suburban land have
No3; retum of been disposed of for cash. No country lands have, in that
Crown .Lands • i p • 1 l i J
sold for cash, period ot time, been sold.
8. I had no information given me which showed that the
Colonial Minister had ever been fully informed of the details
of this system, or of the manner in which it had been worked,
in practice, nor did it appear to have been established under
e do ure *"s dictions. From the enclosed copy of a memorandum
^nc osure j^ ^ CJoloxiial Secretary of Natal, it will be found that there
is only one despatch from the Secretary of State, which bears
on this subject, which was evidently written in ignorance of
the manner in which the land system of Natal was carried
out. 9. The result of all this has been, that large unoccupied
tracts of land have been left in Natal, throughout which a
small European population is scattered. These vacant tracts are
interspersed by native locations, inhabited by a Kafir popula
tion, numerous in reference to the number of Europeans,
although still small in reference to the extent of land they
occupy .
10. It thus becomes at once impossible for the Govern
ment to protect a European population so scattered, except
at an enormous cost of men and means, or for these people—
75
under any system that can be devised — to combine for their
own protection with any chance of success.
11. Essential, also, as facility of communication is, for their
welfare and safety, they cannot find the means of either
making or maintaining in repair roads which must run through
a country which is thus kept depopulated. Education for
their children, — religious observances for their families, — all
means of social intercourse and improvement, are, from their
position, almost shut out from them.
12. Such vast tracts of land as now lie unoccupied and
waste are neceesarily unproductive, either as to revenue —
which might pay for roads and a police force, or as to pro
duce, the growth of which would employ the now indolent
natives, and enrich a country so much in want of means.
13. Whilst these lands thus lie waste, many families of
European descent desire to occupy them, but being unable
to do so, on the conditions offered by the Government, they
have either removed, or still go to lands further from a port,
in the neighbouring republics, where lands are offered to them
on easy terms, and under regulations which are in accordance
with their customs and feelings. Or, as our boundaries in
Natal have never been defined, they themselves lay down
what they please to call our boundary, and abandoning a
country they would rather live in if they could, proceed
across the boundary fixed by themselves, — there occupy lands,
—call themselves a new state, — and, living without law,
become most dangerous neighbours, instead of remaining
useful and contented subjects.
14. Thus Natal is deprived of defenders, produce, trade,
and commerce, whilst many deserving persons who would
fain remain British subjects, are compelled to exert their
energies in a country where these yield a far less return than
they would in the colony of Natal.
15. In the mean time, whilst British subjects of European
origin are prevented from using any Crown lands,— -unless
they purchase them at public auction, at an upset price of at
least 4s. per acre, — persons of the Kafir race, aliens by
descent, who fly into the country for refuge from the oppres
sion of their own prince, are allowed to occupy and use large
tracts of the best lands in the colony, without making any
payment for them.
16. Natal is already in great peril from the vast number
of natives in it; yet under the present system of their obtaining
76
Crown lands without payment, whilst such large tracts
are kept depopulated, to which they can readily resort, an
inducement is' constantly held out to refugees to .fly there,
although the small European population in the colony is placed
in jeopardy of an attack from the Zulu nation to the north,
to avenge the fact of refugees being received into the colony.
1 7. Under such a state of things, it became necessary for
me either to provide immediate increased military protection
for Natal, which I could not do at all, much less upon the
scale which such a scattered European population required,
or to sanction some immediate change in the land system
until the farther pleasure of Her Majesty's Government could
be taken upon the subject.
18. I felt the less hesitation in introducing some change
into the present system of disposing of Crown lands, be
cause the only arguments I heard used in defence of it
were, that by depriving the poorer boers of the power of
procuring land, their children would be gradually forced
into the labour market, and that the tracts of land which
were being reserved, it might be hoped, would, with the
natural increase of population, be from time to time disposed
of for at least the price demanded, thus affording the means
of introducing a population of European labourers into the
country. 19. The answers to these arguments were, that for a num
ber of years the experiment had been tried and had produced
no such results, and that whilst Natal was, for this period of
time, left unpeopled, other countries in its vicinity, of much
inferior natural capabilities, had become filled with a popula
tion probably four times as large as that of Natal. That there
was no hope of the ends contemplated being within any
reasonable period of time attained, — that the sum realised by
the sale of all the reserved lands at the upset price, would be
only £1,400,000, — and that if the cost of military protection,
rendered necessary by the present system, were calculated,
and the annual loss of revenue and produce added to this, it is
probable that if the whole amount were divided between the
number of years that must elapse before the proposed ends
were gained, — -if they were ever gained at all under the pre
sent system, — it would be found that the annual average loss
throughout all such number of years would have been at
least £1,400,000, or, in each year, as much as the whale sum
ultimately realised by the sale ofthe reserved lands.
77
20. There are, however, very serious reasons for thinking
that such plans would never have been realised at all. Any
person who knows the character and feelings of the present
race of South African boers, must know that few or none of
them would remain permanently in a country where a
coloured person could procure land for nothing, whilst their
children had to give 4s. an acre for it, especially if they fore
saw, as they would do, that the tendency of this system was
to force, ultimately, their white descendants to compete in the
labour market with this very coloured race. To their minds
this would be the very lowest depth of degradation ; they
would probably fly to the ends of the earth, rather than in the
most remote manner incur the risk of such an event.
21. Again, with regard to the introduction of European
labourers into the colony of Natal, by means of a fund raised
from the sale of lands, it must still be borne- in mind that the
native pays nothing for his land, — the- European is to pay 4s. an
acre; that there are already 100,000 native labourers in the
market who wear scarcely any clothes and whose wants are
few. I do not think any European agricultural labourers
would remain in such a colony, bringing their labour into
competition with that of a coloured race in such a market ;
they would inevitably fly from the colony, although I have
no doubt that skilled European mechanics, in due proportion
to the present population, could remain in it, and prosper.
22. For all these reasons, I felt justified in authorising the
officer administering the Government forthwith to dispose of
the waste country lands ofthe Crown, in farms of from 1,500
to 3,000 acres, according to the nature of the soil and the
locality, upon terms of occupation and military service,
adopting, for this purpose, the conditions a copy of which is Enclosure
enclosed, in as far as they might be applicable to the circum- To^DiSt8
stances of the country. The quitrent payable on these farms conditions-
it is proposed should be about six pounds (£6) per annum,
the amount they realised being expended in introducing
artisans from Europe, — an arrangement being made by which
inhabitants of the colony, upon giving security for the repay
ment of one half the passage money of the emigrants they
may send to Europe for, within twelve months after the arrival
of such emigrants, will be authorized to send to Europe
for such persons as they choose to name, the other half
of their passage money being paid from the produce of the
quitrents.
78
Enclosure No. 6.
Enclosure No. 7: see en
closed return.
23. To carry these regulations into effect, I have farther
authorised the officer administering the government to con
stitute local land boards in each district, to whom the
applicants will, in the first instance, apply, — stating the farms
which they wish to be allowed to occupy,— their qualifica
tions for it, — and producing such evidence as may be
satisfactory to the board, of their having the means of partially
stocking the farm and making a profitable use of it. This
local board will also report if the average quitrent fixed by
the Government is sufficient for the proposed farm, or if,
from any peculiar causes, a higher rent should be charged
upon it.
24. The reports of these local land boards, will be
forwarded to one central land board, at the capital, which
will transmit them to the Lieutenant-Governor, with such
remarks upon each case as it thinks necessary ; finally,
the Lieutenant-Governor will either grant the farm to the
particular applicant, or not do so, as he may think proper.
25. It will be found, from the enclosed copy of an extract
of the proceedings of the Executive Council of Natal, that
the Government of that colony entirely approve of the plan
I propose for adoption ; and as it has already been intro
duced into the Cape colony with the entire approval of Her
Majesty's Government, I felt the less reluctance in sanctioning
its immediate adoption in Natal.
26. Only one serious obstacle presented itself to the pro
posed plan being at once brought into operation, which was,
that some persons, under an arrangement sanctioned by Her
Majesty's Government, held drawbacks to the amount of
£4332 Us., which they were allowed the liberty of using
as cash, in payment for any Crown lands which they might
purchase at a government sale.
27. From the low value of land at Natal, these drawback
certificates sold for less than they represented. They are
also very disadvantageous to bona fide intending cash pur
chasers at sales, because the holders of them are enabled
to run up any biddings for Crown lands at auctions, in a
a manner they could not have done had they been such
intending cash purchasers.
28. I therefore recommended the local government at
once to purchase up this outstanding land scrip, with
debentures secured upon the general revenue, and bearing
the usual rate of interest. In this mode, the only difficulty
79
to the immediate introduction of the proposed measure will
be got rid of in a manner very advantageous to the public.
29. I have little doubt, from the large number of applicants
in this colony for farms under the system of military tenure
(now exceeding 1000), that the vacant territory in Natal may
be by degrees filled up with a very fit class of occupants ;
by which proceeding, not only will the wealth and stability
of the colony be greatly increased, but the Home Govern
ment will be saved from much expense and anxiety upon its
account. I have, &c,
(Signed) G. GREY.
Conditions
[Enclosure 1 to Despatch No. 44.]
and Regulations upon which the Crown Lands in
the District of Natal will be disposed of.
1. The unappropriated crown lands in this colony will be sold in
freehold, and by public auction only.
2. Unless it is otherwise notified, the upset price for such sales will be
four shillings per acre, but the Governor for the time being will have
the power to fix such higher upset price as the locality, or other circum
stances, may render expedient, of which due notice will always be pub
licly given.
3. Persons desirous of becoming purchasers will apply, in writing, to
the Colonial Secretary, respecting the land they wish to have put up
for sale, stating in what division it is situated, and, as far as practicable,
its position, boundaries, and probable extent.
These applications, after being recorded in the Colonial Office, will be
transmitted to the Surveyor-General, who, if he see no objection to the
land being disposed of, will call upon the applicant to deposit with him
the probable expense of the survey, which expense will be borne by the
eventual purchaser.
Tariff of charges for the survey and measurement of land for sale
by the Crown.
For the measurement of any piece of land up to 10 acres
For every acre above 10 up to 100
For 100 acres
For every acre above 100 up to 250
For 250 acres
For every acre above 250 up to 500
For 500 acres
For every acre above 500 up to 1000
For 1000 acres
For every acre above 1000
For 2000 acres
For every diagram
For every figure on general plan
For every inspection fee
..£10
0
0 0
3
..2 2
6
0 0
2
..3 7
6
0 0
1J
.. 4 18
9
0 0
1
..7 0
5
0 0
0J
..9 2
1
0 6
0
..0 4
0
0 15
0
80
4. Should the applicant not become the purchaser, the amount
deposited by him will be refunded when paid by the eventual purchaser;
but should no sale take place, no refund can be made.
5. Lands offered for sale will be advertised for one month in the Gov
ernment Gazette, at the expiration of which time they will be sold by
public auction.
6. Ten per cent, of the purchase money, together with the surveying
expenses, must be paid on the day of sale, and the balance within one
calendar month thereafter ; in default of which the ten per cent, and
surveying .expenses, so paid, will be forfeited to the Colonial Treasury.
Colonial Oflice, Natal, Sept. 8, 1853.
By command of His Honour the Lieut.-Governor,
William C. Sargeaunt,
Colonial Secretary.
Lot No.
Conditions upon which , duly authorised
by Government, will, on this the day of , 18 ,
offer for sale, by public auction, at , at an upset price
of per acre, a certain piece of land, being lot No. ,
situate , and containing
1. The land will be sold in freehold.
2. The sum of shall be paid by the purchaser,
as the expenses of survey ofthe above land.
3. All roads and thoroughfares running over the said land shall remain
free and uninterrupted.
4. The said land shall be liable, without compensation to its proprietor,
to have any road made over it, for the public good, by order of Govern
ment. 5. The said land shall be subject to all such duties and regulations as
either are already, or shall in future be, established, respecting lands dis
posed of under similar tenure.
I, the undersigned, do hereby
acknowledge to have purchased the land marked as lot No , situate
and described as aforesaid, for the sum of
per acre, subject to the conditions and regulations above specified.
Witness :
[Enclosure 2 to Despatch No. 44 ]
Memorandum of surveyed Farms, Government Ground, &c, unalienated by the Natal Government, up to present date.
O
" Class.
Claimant.
Name of Earm.
Situation.
Particulars.
Extent in
Acres.
Land Commission Do.Do. Do.Do. Do.
Do.Do. Do.
P. J.Slabbert, . .
J. H. Stadler
C. A. Pretorius . . .
P. H. Potgieter...
Widow v. d. Berg
T. H. Pretorius...
N. J. Grobbelaar.
H. duPree
Vrischgewaagt . . .
Eredericksthal ...
Wilde Als Spruit
Eiland's Hoogte...
Matowaan's Kop..
Klip River
Do
P. M. Burg
Do
Do
Do
Do
Waiting declaration of forfeiture.
Do.
Do. Do.Do.Do.Do.Do.Do.
8225
6823 5942616659185845
8225 60596200
59,403
7,277,850
136,000
7,141,850
Government Lots. — 170 lots, averaging 1800 acres each, surveyed for sale
Extent of open land not yet surveyed (exclusive of Kafir locations, which comprise an area of 1,254,500 acres)
Total area in acres,
7,337,253
GO
Extent of Locations.
Umlaas 130,000 acre3.
Inanda 215,040 „
Umvoti 191,000 „
Mooy River 450,000 „
Tugela 207,000 „
Zwartkop 61,440 „
1,254,480
Draakensberg and Umcomas, undefined.
P. C. SUTHERLAND, Acting Surveyor-General.
October 29, 1855.
82
[Enclosure 3 to Despatch No. 44.]
Total extent of Crown Land sold for cash during the undermentioned
period : — Acres.ltds.Per. £ s. d.
5 2 32 .... 577 15 6
2 2 0.... 26 50
0 0 14 .... 5 3 1J
1 0 0.... 10 00
0 1 0.... 2 16 0
January, 1851 . . .
September, 1851 .
October, 1851 . . .
November, 1851 .
December, 1851 .
Total, 1851 Acres 9
September, 1852 1
Total, 1852 . .
February, 1853 .
March, 1853 . . .
April, 1853
October, 1853...
November, 1853.
December, 1853 .
00 2
06
2
Total, 1853
Acres 12
January, 1854
February, 1854
March, 1854
April and May, 1854.
June, 1854
October, 1854.
November, 1854.
1
11
30 2
1 1
March, 1855....
April, 1855
May, 1855
June, 1855
September, 1855.
0 1
2 1 1
2 6
0 0
Acres 10 0
0 2
2 31
2
0
0 0 0 0
0 0
0
32 88
0
{TV
83V- 0 .
0 .
0 .
0 ,
0 .
0 .
0 .
Total, 1854 .... Acres 37 0 0
0 16
2 32
2 4
3 38
0 0
Total, 1855 Acres 7 1 10
£621 19 7£
£10 0 0
£10 0 0
£0 7 2
5 0 0
27 0 0
8 19 3
64 16 11
25 16 6
£131 19 10
£10 0 0
10 0 0
10 0 0
18 0 0
20 0 0
10 0 0
10 0 0
£88 0 0
£15 0
21 10 6
85 0 10
14 12 11
10 0 0
£132 9 3
ABSTRACT OF SALES.
Year 1851.
„ 1852.
„ 1853.
„ 1854.
„ 1855.
AcresRds.Per.
9 2 6,
0 0 ,
3 8^.
0 0 .
1 10 .
1
12
37 7
£ s. d.
621 19 7|
10 0 0
131 19 10
88 0 0
132 9 3
Acres 67 2 24^ £984 8 8|
83
[Enclosure 4 to Despatch No. 44.]
Memorandum. — The subjoined printed regulations for the sale of
Crown Lands are almost copies of those in force at the Cape in 1846,
the date of the establishment of a civil government in this district.
They were, as stated in the Cape Government notice, dated 15th May,
1844, " instructions received from the Right Hon'ble the Secretary of
State." 8 J
The only despatch bearing immediately on the subject, that I have
been able to find, is that from Earl Grey to Sir H. Pottinger, dated
July 1, 1847, No. 104 (copy herewith).
By the annexed return, furnished by the Acting Surveyor-General,
it would appear that there are about 7,000,000 acres of land in this
district remaining at the disposal of Government for emigration
purposes.
Colonial Office, October 29, 1855.
J. N. S.
Copy of a Despatch from Earl Grey to Governor the Right Hon'ble
Sir Henry Pottinger, Bart., G.C.B.
Downing-street, July 1, 1847.
Sir, — I have received Sir Peregrine Mainland's despatch, No. 16, of
the 21st January, transmitting copies of a correspondence with the
Lieutenant-Governor of Natal, reporting the sale of certain Crown
lands in that district, and stating the conditions on which it is pro
posed that such lands should be disposed of.
I perceive that one of ihe conditions is, that if the lands shall be
actually occupied by the purchaser within a month after the sale, the
payment of the purchase money, with the exception of the deposit made
at the time of sale, will not be required for twelve months from the day
of sale.
I cannot sanction this extension of the time for payment of the pur
chase money. A right of occupation is so soon established against the
government, that the shortest possible credit should be given, and the
payment should be made, as at the Cape, within one calendar month.
I am of opinion that the general upset price for lands at Natal should
not be less than the price at which the Lieutenant-Governor offered them
for sale, viz. : 4s. an acre. It would not be advisable, therefore, to adopt
at Natal the upset price at which lands are put up to sale in the neigh
bouring colony, unless it should be decided to impose a land tax at
Natal, a measure which has been proposed for your consideration.
I see no objection to the lands being publicly advertised for three,
instead of two months, previously to their being offered for sale.
I shall be anxious with reference to the important question of emigra
tion, to receive from you, from time to time, the fullest information it is
in your power to furnish as to the practical working of the regulations
adopted, and as to the extent and quality of the lands surveyed and
available for purchase by settlers. I am, &c,
(Signed) GREY.
G 2
84
[Enclosure 5 to Despatch No. 44.]
conditions of grant.
Whereas I, am about to receive a quitrent grant
of a farm in the division of , bounded
, and in extent morgen, or thereabouts ; and
whereas I am, in the meantime, put in the possession of the said farm :
Now, therefore, I do hereby engage and bind myself, ray heirs,
executors, and assigns, punctually to fulfil the several covenants and
conditions following, that is to say : —
1. That I shall at all times have and keep ready for my own use, at
and upon the said farm, a serviceable gun, with necessary ammunition.
2. That for the purposes of the defence of the district I shall, at all
times, have and keep living at and upon the said farm, for every 1,000
acres of land over and above 1,000 acres, one man besides myself, fit for
service, and efficiently armed with a serviceable gun, and supplied with
ammunition. 3. That I shall build, or cause to be built, within twelve months from
the date of this instrument, upon the said farm, and keep up at all times,
in good repair, a building of brick or stone, for the purpose of defence.
4. That I shall contribute, either in labour or in money, whatever the
Civil Commissioner shall fix as my just proportion of aid towards the
erection and permanent maintenance ofthe certain enclosure described in
the Government Gazette ofthe 11th day of August, 1853, and published
in the Government Gazette.
5. That I, and also the other men above referred to, shall, unless
authorised to remain absent, yearly, on the 24th of May in every year,
or on such other day as may hereafter be by the Governor for the time
being appointed, assemble in arms for muster or inspection at such place
within the division of , as the Civil Commissioner shall
from time to time appoint and announce in the Government Gazette, not
less than twenty-one days before the day appointed for such assembly.
6. That I shall not cease, so long as I remain owner of the said farm,
personally to occupy the same, and that I shall not, without actual ne
cessity or express permission from the Resident Magistrate or Field-cornet,
absent myself therefrom for more than one month at any time.
7. That I shall not quit the personal and actual occupation of the said
farm for any term of or exceeding six successive months ; and that in the
event of my doing so, the said farm shall revert to the government, free
and discharged from the grant thereof made or promised to me.
The day that ®- An<* -^ s"la^ not at any ^me within three years from the* day
the occupation of , unless with the previous licence of the Governor
evermcase6S' in for the time being, alienate, sell, or dispose of the said farm ; and that in
the event of my doing so, the said farm shall revert to the government,
free and discharged from the grant thereof made or promised to me.
Provided always, that after three years' occupation ofthe said farm, and
the fulfilment of the covenants and conditions herein contained, I shall
have full right to alienate, sell, or dispose of the said farm, subject only
to the said covenants and conditions, so far as they may be applicable.
9. That I shall annually pay to the Civil Commissioner ofthe district
such quitrent (not redeemable) as the Land Board ofthe eastern districts
shall assess, not exceeding forty shillings sterling per 1,000 acres.
10. And I further promise and undertake, in case I shall commit or
85
knowingly suffer any breach of any of the foregoing covenants or con
ditions, to pay any sum not exceeding ten pounds for every such breach.
Dated at this day of 185 .
Witness :
[Enclosure 6 to Despatch No. 44.]
Extract from Minutes of Executive Council, Natal, 7th Nov., 1855.
" With reference to the minute of this Council, of 9th July, 1853,
relating to the disposal of Crown lands, and having again considered
that subject, with a view, if possible, of securing a white population, to
meet any exigency likely to arise from the daily increasing coloured
population ; seeing that the Crown lands are at present unavailable, and
cannot be disposed of at any upset price, still less at one fixed at 4s. per
acre; seeing also that, by their alienation, funds would be raised for the
purpose of introducing immigrants from the United Kingdom; and
seeing that the regulations as to the disposal of Crown lands have been
relaxed under similar circumstances in the Cape colony, the council
would again recommend the immediate adoption of a measure for grant
ing the Crown lands On quitrents, and occupation upon terms nearly
similar to those adopted in some parts of the Cape colony, provision
also being made for the application of the quitrents to the introduction
of European emigrants into this district, the inhabitants of Natal having
the privilege of sending home for their own friends as emigrants, upon
giving satisfactory security for the repayment to the Government of one
half of their passage money, within twelve months after their arrival
in the district."
A true extract : John Bird,
Chief Clerk, Colonial Office, Natal.
[Enclosure 7 to Despatch No. 44.]
Balance of Account upon Drawbacks lodged in this office, in favour of
the undermentioned parties : —
J. C. Byrne,
G. Bishop,
G. A. C. Kippen, .
J. Lidgett,
D. Moodie,
The Lord Bishop of Natal, More or less, £4332 11 0
£3622 16 11
58 10
8
1 10
3
278 16
8
10 16
6
_. *«ci7y 1 1
00
360 0
21.
Governor Sir George Grey to the Right Hon'ble
Sir William Molesworth, Bart.
[No. 45.} Government House, Cape Town,
]4th December, 1855.
Sir, — I have the honour to acquaint you that I have been
informed by Colonel Cooper, the officer administering the
g 3
86
government of Natal, that he has applied to the Colonial
Minister to be furnished with 500 stand of arms, complete,
for infantry soldiers, to enable him to carry into effect a
measure for the establishment of an infantry local corps at
Pietermaritzburg, the capital of Natal. Colonel Cooper has
also requested me to recommend his request, as above stated,
to the favourable and early attention of the Right Hon'ble
the Secretary of State.
2. Upon this subject, I have to report that the exertions
made by Colonel Cooper to induce the inhabitants of Natal
to combine, in as far as practicable, for their own defence,
instead of relying altogether upon Great Britain, and making
further calls upon her military resources at so momentous a
period, are in every way most creditable to him, and have,
I am very happy to say, been attended with a degree of
success which surprised me, and which has roused a corres
ponding spirit of emulation in the inhabitants of the Cape
colony, who are now beginning to enrol themselves in
similar local corps. I trust therefore that all the counte
nance and assistance which it may be found practicable to
extend to Colonel Cooper may be afforded to him.
I have, &c,
(Signed) G. GREY.
22.
Governor Sir George Grey to the Right Hon'ble
Sir William Molesworth, Bart.
[No. 46.] Government House, Cape Town,
18th December, 1855.
Sir,— I have the honour to report, for your information,
the outline of a system for the better administration of
justice, which I am attempting to introduce into British
Kaffraria, as also the reasons which. have led me to consider
it imperatively necessary to introduce some change in the
system which at present prevails there, and the degree of
success which has hitherto attended my endeavours in this
respect. 2. The system under which Kafir law has hitherto been
administered in British Kaffraria has been — that accusations
87
and complaints are brought before the chief of each tribe by
any person of that tribe who may deem either himself or the
public to have been injured. Such complaint or accusation,
whether of a public or private nature, is then heard by the
chief and some of his counsellors, who impose a fine (almost
invariably so many head of cattle and horses) upon the party
to whom they attribute guilt. The fine is levied by messen
gers sent by the chief, and upon its being brought to the
chief's kraal, the messengers are first paid from the fine for
levying it. The chief then takes such portion as he pleases
for himself, distributing a part of this amongst the counsellors
who heard the case. The remaining portion of the fine, in
a private case, is handed over to the complainant, who shares
his portion amongst those of his friends who assisted him in
the conduct of the case, the collection of the evidence, &c.
All persons who are members of the tribe are regarded as
the absolute property of the chief. Hence all cases of mur
der, or acts of violence committed on the person, the whole
fine imposed and levied is taken in the first instance by
the chief, although he again gives a share of this to his
counsellors, 3. The fines thus taken, for the administration (as it may be
termed) of justice, constitute a very large part ofthe revenue
ofthe chief, and as the counsellors generally only remain for
a few weeks about the person of the chief, being then
succeeded by others, the same fines enable him also to
maintain about him, at all times, a certain retinue of attendants,
to whom the same system of fining becomes a source of con
siderable profit.
4. The alleged offence of witchcraft (a public crime) sub
jects a person found guilty of it to torture and death, and
the total confiscation of his property. No sooner, there
fore, does a person grow rich, than he is almost certain to
be accused of this offence, and is, at least, stripped of all he
possesses. 5. It is impossible that people subjected to such a system
can ever advance in civilization, or long persevere in attempt
ing honestly to acquire property, of which they are almost
certain ultimately to be stripped at the caprice of the chief
and his counsellors.
6. Such a mode of administering what is termed justice
can but continually train up a poor and restless race of
robbers, who, if they are in the vicinity of a community,
88
wealthy in flocks and herds, yet much scattered (as in the
case here), will from time to time break in and steal, and carry
off the stolen property to their own country, where the qhiefs
are little likely to assist in giving up thieves who have only
stolen that, the greater portion of which will probably,
ultimately, in the due process of their own law, become part
ofthe private revenue ofthe chief.
7. The same reasons which must lead these barbarian
chiefs to look with a very favourable eye upon thieves who
pillage from beyond their own frontier, equally lead them
to encourage accusations for witchcraft and other fictitious
offences, and to earnestly seek rather to have the accused
found guilty than acquitted.
8. Moreover, the chiefs deriving, at least, a very large part
of their revenue from what may be termed the fees and fines
of their courts of justice, usurp, in fact, the prerogatives of
the Crown, exercising sovereignty, by appropriating to their
own wants a part of the public revenue, and interfering
with the prerogative of mercy, by preventing the Crown
from remitting fines and penalties, however unjustly they
may be imposed, and finally preventing the Crown from
throwing any part of the protection afforded by British laws
over the quiet and well-disposed amongst her Kafir subjects.
9. It is important, farther, to remember that the jurisdiction
of the chiefs, as above stated, extends and is exercised not
only over certain persons, but over entire and extensive
territories, the population in which is increasing and is likely
continually to increase, so that a dangerous power is already
in existence, and is year by year growing more formidable,
and difficult to destroy.
10. The prevailing cattle sickness has not only greatly
impoverished the Kafirs, but, by destroying the source from
which fines were levied, was drying up, as it were, the future
revenues of their chiefs, an event which, whilst, on the one
hand, it appeared likely to render barbarians more formidable
from the recklessness induced by poverty, on the other hand,
appeared to me to offer a most favourable opening for de
stroying the whole of that portion of the Kafir system of
polity, which renders the progress ofthe Kafirs in the arls of
peace impossible.
11. I will therefore briefly state, what the enclosures to
this despatch detail at length, viz., that I had a rough esti
mate made of the probable annual value of the fines received
89
by the chiefs, under the present system, taking into account
the uncertain nature of a revenue raised from such a source,
the difficulty and unpopularity of levying it, and other
similar circumstances, and I then offered to the chiefs a
monthly stipend, to be paid by the Government, equivalent
to this revenue, and an allowance of so much a head for so
many counsellors, tn be paid to the individuals performing
the duties of that office, at the stipulated rate for the number
of days they performed such duties.
12. Under this arrangement, all fees and fines for public
offences are to become a part of the revenues of the Crown,
as in other countries. Fines for manslaughter are to be
given to the families of the man slain. The chiefs and
counsellors are still to sit and hear all cases, but to receive no
farther payment for doing so ; and they are to be assisted in
their deliberations and sentences by a European magistrate,
— it being my intention to select, in as far as possible, such
gentlemen from the ablest men this country affords.
13. Under such a plan, all the worst part of the Kafir
polity is broken down. Every chief of importance will
receive a certain regular income, for which he will be
dependent upon the Government of the country, and will
therefore have thestrongest interest in its maintenance and
success. European laws will, by imperceptible degrees,
take the place of their own barbarous customs, and any
Kafir chief of importance will be daily brought into contact
with a talented and honourable gentlemen, who will hourly
interest himself in the advance and improvement of the
entire tribe, and must, in process of time, gain an influence
over the native races, which will produce very beneficial
effects. 14. From the enclosed correspondence, you will find that
the Chief Commissioner of British Kaffraria was much averse
to my attempting to carry out the plan I have above stated.
His reasons are given at length in his letters. But I felt it
my duty to insist that effect should be given to my views,
because all the Kaffrarian authorities admitted that the pre
sent state of things was, in fact, an armed truce. That no
measures were in progress which could bring about the
ultimate settlement ofthe country, or which would lastingly
maintain peace; that, on the contrary, another war must
inevitably come — and the only question was, for how long
a time it could be staved off. It was also admitted that no
90
other plan could be proposed in lieu of the one I recom
mended. Under these circumstances, I thought it my duty
to act on my own judgment, and to incur some risk in carry
ing out plans, in the ultimate success of which I had
confidence. 15. From the farther correspondence herewith enclosed,
you will be glad to learn that the whole of the chiefs of one
of the two great divisions of the Kafir tribes, and one of the
Gaika chiefs, have adopted my views, with this proviso, that
they may name their own magistrates. To this, of course,
I cannot accede ; but I have no doubt that they will shortly
all give way upon that point. In fact, the most influential of
them has already done so ; and in as far as my experience
with barbarians goes, I am rather inclined to think that the
proposal was rather intended as a flattering compliment to
interpreters and other persons whom they have known, and
may even have arisen from hints dropped by Europeans.
16. I am also glad to be able to conclude this despatch
by reporting that I have had a few lines from the Chief
Commissioner, dated the 11th instant, informing me that the
remaining Kafir chiefs, that is, those of the Gaika (and most
important tribe), including the paramount chief, have at last
accepted my proposals, accompanied by the stipulation that a
particular gentleman shall be appointed their magistrate.
This stipulation is, in this instance, attended with no incon
venience, as the gentleman they have named is the same
person as I directed, in my letter to the Chief Commissioner
of the 26th of July (enclosed in this despatch), should be
appointed to that office, if they accepted my proposals, and
who I think (indeed I feel pretty sure on this subject) was
the person I told Sandilla I intended so to appoint.
I have, &c,
(Signed) G. GREY.
[Enclosure 1 to Despatch No. 46.]
Government House, Cape Town,
26th July, 1855.
Colonel Maclean, Chief Commissioner,
King William's Town.
Sir,— The system under which Kafir law is administered amongst
the natives of British Kaffraria appears to be that complaints are brought
91
before the chief of each tribe, by any person of his tribe who deems him
self aggrieved. Such complaint, whether relating to a question of dis
puted property, or an alleged criminal offence, is heard by the chief and
some of his counsellors, who impose a fine on the party to whom they
attribute guilt, generally, so many head of cattle. The fine is levied by
messengers from the chief's kraal, and, being brought to the chief, the
messengers are first paid for levying the fine ; the chief then takes a
certain portion for himself, of which he generally distributes some
amongst the counsellors who heard the case, and the remainder of the
fine is handed over to the complaining party, who frequently, again,
shares his portion of the fine amongst those of his friends who have
assisted him in the prosecution of the case.
The prevailing cattle sickness will probably so far reduce the number
of cattle in British Kaffraria, that the advantages which the chiefs and
counsellors derived from this barbarous mode of administering justice are
likely, for some time, to be so far diminished, that the present moment
presents a most favourable opportunity for introducing a new system
for the administration of justice amongst the Kafir population.
I propose, therefore, that British Kaffraria should, for the purposes of
the administration of justice, be divided into eleven districts, each
district consisting of the location of the chiefs severally named in the
schedule hereto annexed.
To each chief I further propose that the number of counsellors named
in the schedule should be respectively assigned.
These chiefs and their several counsellors to receive the rate of annual
salary named in the schedule, to be paid monthly, in instalments, as a
payment for acting as administrators of justice.
In the case of those chiefs who now receive gratuities for former good
conduct, the new salary to be in addition to such gratuity.
I further propose that the several districts I have named should com
prise eight divisions, to each of which a resident magistrate should be
appointed, wittf an interpreter where necessary.
As Mr. Brownlee could act as magistrate, John Tatzoe could be put
under the resident magistrate at King William's Town, and some special
arrangement could be made regarding Kama. It would only be
necessary, in order fully to carry out this system, that five or six new
magistrates should be appointed, who, if the Lieutenant-General will
concur in this arrangement, I should take principally from officers
serving with their regiments in this country, and, if possible, from
amongst those who, by their activity in the field, had given proof of
their energy and fitness to be placed in difficult positions. To each
magistrate a salary of (£350) three hundred and fifty pounds per annum
to be allowed, to cover house- rent, forage, and other allowances. Where
an interpreter was attached to a magistrate, a sum of £100 would be
allowed the interpreter, with forage for one horse, and £30 per annum
house-rent. Where a magistrate acted as his own interpreter, an addition
of £50 per annum to be made to the magistrate's salary.
I then propose that for the future all such cases as are now brought
before a chief and his counsellors, should be brought before the same
authorities, sitting jointly with the resident magistrate, who should act
as assessor and adviser, endeavouring in all cases to have such a decision
arrived at as was consistent with equity and good conscience.
Under such a system it is intended that the fines levied under the
92
authority of the chiefs should, for the future, be stated at a money value,
which may be levied, if necessary, by distraining the cattle and
goods of the offender ; such fines to consist of two portions ; fees of
court, to be paid to the Crown as part of the general revenue of British
Kaffraria, and the damages awarded to the party complaining ; but no
part of such fines-to-be^aid to the chief or counsellors, as heretofore, it
being understood that their paid salaries are in lieu of all such fines, un
less, indeed, it may be thought advisable to allow a percentage upon all
fines collectt d to the counsellors, for their trouble in causing the same to
be collected, in the manner that sheriff's officers are paid in this colony.
The magistrate could receive and account for all such fines and penal
ties in the usual manner, his interpreter acting as clerk.
In addition to the duties which would thus be thrown upon the magis
trates, they would be expected to be constantly moving through their
districts acquiring a knowledge of the country and its inhabitants, — to
take an interest in their welfare, — exerting themselves to the utmost to
encourage industry, agriculture, and to promote civilization, — to keep a
daily journal of their proceedings, to be transmitted monthly to the Chief
Commissioner, and to report to him fully and constantly upon the state
of their several districts.
I have now only to request that, after you have given your attention
to the plan proposed in this letter, you will acquaint me with your
opinion of its general applicability to British Kaffraria, giving me at the
same time, your advice as to the manner in which the several details of
the plan relating either to the number of divisions, magistrates, inter
preters, chiefs, counsellors, rates of salary, may be best carried out.
I have, &c,
(Signed) G. GREY,
High Commissioner.
SCHEDULE.
Chief. Salary. Counsellors. Pay. Districts.
Pato £75 5 £18 1
Umhala 60 3 „ 1
Macomo 50 3 {
Botman 30 2 ... " \
Sandilli 60 5 " 1
Anta 50 2 " 1
Siwani 60 3 .... " 1
Tatai 60 2 "A 1
Toise 50 2 J
Kama ; . . 60 2 ' " ... . 1
Talzoe 30 2 '.' "f ...... 1
Total, 8
Note.— By schedule No. 257, 24th March, His Excellency was
pleased to authorize the payment of £48 to the chiefs " Xo Xo" and
" Fynn," they being placed under a magistrate. Chiefs £30, Coun
sellors £18, to each.
93
[Enclosure 2 to Despatch No. 46.]
Fort Murray, 4th August, 1855.
W. F. Liddle, Esq., Private Secretary.
Sir,— Having received, in His Excellency's letter ofthe 26th ultimo,
certain suggestions for the better administration of justice among the
Hlambi and Gaika Kafirs, and having, in accordance with His Ex
cellency's instructions therein contained, maturely considered those
suggestions in various points of view, I beg most respectfully to submit
the following remarks upon them, feeling myself reluctantly forced to
the conclusion that the present state of these tribes, and of our relations Conclusion
with them, renders the adoption of these measures a matter doubtful, not ?° me t?b:]usebfu!
as regards utility, but as regards safety, and sooner or later hazardous to not°coiisidered
the peace ofthe country, even should the peeming consent of the chiefs possible under
be now obtained. Present cir-
curnst3.ii ccs
Were the Kafirs a race by nature willing to be civilized, or ready to Text of rest of
intermix with others, or were their general ideas, habits, and polity, rePort-
broken down either by conquest, or by the indirect or continuous in
fluence of a stronger and more civilised race, I should rejoice to see
plans as these put in execution ; but so far as I can judge, these, as com
pared with the actual state of affairs, are of 30 advanced a nature as to
render it more expedient to defer them to some future time.
The Kafir, contented, like the North American Indian, with his Characteristics
barbarous state, and apathetic as to improvement, has, in addition, these °^hf- race>
other characteristics, that he clings tenaciously to his old customs and tWpossfbiHty
habits, — is proud of his race, which he considers pure blood, and of carrying out
superior to others, is therefore eminently national, — is suspicious, and the syst™
holds aloof from others, and while considering the white man as a
means of obtaining certain articles, which the despised industry of the
latter supplies, would yet prefer their absence.
Under the influence, direct or indirect, of the white man, the chiefs
dread the passing away of their power, and the people cling to their
chiefs, both as being Kafirs and as having, by hereditary descent, an
unquestioned right to rule, or rather, while they cling less to any one
chief personally, they cling to the native chieftainship, as to a power
which is of, and which represents, themselves and their race.
Under these circumstances, I conceive, 1st. — That, as was found to be Various bear-
somewhat the case with missions, the mere continued presence of a ings of these
Government officer at a chief's kraal, or near it, would be disliked, and ontbTquestion.
considered in the light of an irksome control.
2nd. — That the position of a European resident magistrate, acting
as coequal with the chief, and frequently, it may be, in opposition to him,
would degrade the chief in his own estimation, and in that of the people,
from the position of a true chief, ruling by right of hereditary descent,
to that of a mere head man, coequal with the white head man; and this
degradation would be the greater, because, so long as there was peace,
the white magistrate, as representing the white government in his own
person, would possess the greater influence.
3rd. — That the mere fact of the power only of deciding on cases,
with the presence and advice of a European magistrate, being left to the
chiefs, while the fine levied went not to them, but to the government,
would be considered by the chiefs and the people as, in reality, a surrender
of the chieftainship, or as reducing it to a mere name or nullity, while
94
the subsidy would be considered an attempted bribe to induce the chiefs
to surrender.
4th. The Kafir being suspicious, and inclined to look upon our
endeavours to benefit them as made merely with a view to extension or
Vide letter subjugation, or with some other sinister motive (a recent example of
from the Gaika which is the idea suggested to, and adopted by, Sandilli in regard to his
schTd^leTSJ of watercourse, — I am "also of opinion, that this present plan, striking, as,
4th June; ex- according to their ideas, it does, at the very essence of chieftainship, will
tract annexed, appear to them, or may readily be made to appear to them, as adopted
solely for the purpose of destroying it and their independence together.
And* I further think it probable that both the making the chiefs co
equal with white magistrates and the subsidising them, will appear so
like an attempt to convert them into paid dependents, that they will,
contrary to any protestations we may as readily make, consider them
selves as liable to be removed at will, and anticipate that the next step
will bean attempt to remove them, in the event of any dispute, just as it
was attempted to remove Sandilli, .before the outbreak of 1850.
5th. These suspicions will, it further appears to me, be more readily
adopted, because any such attempt will be thought by them a breach of
faith, and inconsistent with the official declarations more than once made
to them since the termination of hostilities, to the effect that the former
system would be abandoned, and that the chiefs would in future be allowed
to govern their people after their own manner, in all cases not repugnant
to morality and common humanity. And that the Kafirs would so under
stand it is, I think, shown in the late case of witchcraft, in which this
declaration was quoted by Toise, as a plea for his power to act as he
had done.
6th. I am of opinion that the system will be considered as directly, or
indirectly, affecting the paramount supremacy of Sandilli among the
Gaika tribes, and in reality will affect it.
7th. Lastly, it appears to me that some difficulty will be found in the
fact that all cases are not decided by the chiefs, but that there is a grada
tion of courts, from the head man of a kraal upwards ; and that it will
therefore be necessary to abolish these, or assimilate their decisions to
those of a higher court.
Conclusion From these circumstances I therefore conceive, that however fond of
dfrived'from"18 &am ^e Kafir may be, its influence, in this instance, is overborne by
the above some other passions; nor will this subsidy render them willing to barter
consideration, the privileges of power and independence, since these are not, with them,
founded merely on avarice.
And from the same considerations, I am led to believe that a system
which His Excellency would wish to build, first upon existing institu
tions, with a view of gradually changing them, will, according to Kafir
ideas, wholly and at once subvert them.
It may be, indeed, at first supposed that; this will be obviated by obtain
ing, as it is intended, the consent of the chiefs to these arrangements
previous to their adoption ; but on this I would further remark, that the
whole tenor of my observations go to show that such a consent would not
be a willing one, though it might be similar to that given to the system
of 1848, — which, by its apparent good working, lulled every one into a
belief of security and improvement. Under the same system, also, the
people expressed themselves well satisfied with the administration of jus
tice; yet they followed their chiefs into rebellion.
95
I should not, however, have dwelt so much upon these considerations, Second part of
or have attached so much weight to them, had the Kafirs, in their late text d"?"
wars, been thoroughly subdued and conquered ; but while called British oT^oYe^by ^
subjects they are not subjects, as are our East Indian and other natives, conquest ; our
nor vet subjects so far even as the Fingoes are ; and, in like manner, we ^ibes°statedh
have stated to them that we allow them to rule themselves in all internal
matters, and that we will not interfere with their habits and customs, so
long as they are not repugnant to humanity, &c. ; so it is, in reality, for
our control is not simply direct, as over those truly our subjects, but it is
in a great degree indirect, and even in some degree nominal, and resem
bles more the influence which a powerful and civilized nation exerts over
a neighbouring tribe of barbarians.
Thus, for instance, if I may be allowed to take a late elucidation, I
would say that the manner in which we are able to carry out and decide
upon the late case of witchcraft, depended altogether upon our having,
from various circumstances, a greater hold upon the chief Toise than
upon any other; and had it occurred in some ofthe others, such decisive
measures would have been imprudent, although since, the indirect in
fluence of the decision has, in a marked manner, discouraged the practice
of employing witch-doctors throughout British Kaffraria.
With regard to the effect of the lung sickness, even with all its severity, Previous con-
it will, I think, neither depress the tone or spirits of the Kafirs to the siderations
required level, nor yet, from the circumstances I have mentioned, produce ness as not
a state of feeling so favourable to the adoption of these plans as was producing
anticipated by His Excellency; while I may add, that as yet the disease upSI0hie?tfin-
has made no extensive ravages in the Gaika districts, on the contrary, shipformoney,
in the Hlambi district, and along the coast, the epidemic has carried off as anticipated.
about half the number of cattle.
In conclusion, I would observe, that His Excellency will perceive by
the tenor of my remarks, that I have limited myself to the consider
ation of the general principles and applicability of His Excellency's
suggestions. Should, however, these considerations be deemed of less moment than
they appear to me, I will endeavour, should His Excellency desire, to
make such suggestions, or the details, as may best conduce, in my
opinion, to the carrying out of His Excellency's views; or should a
similar scheme be thought applicable to the Fingo race, as with
certain modifications I think it might, I shall be prepared to forward my
observations on what might be desirable in such a case.
I have, &c.
JOHN MACLEAN,
Chief Commissioner.
Extract from the Gaika Commissioner's Letter to Chief Commissioner,
dated Dohne, 30th May, 1855, a copy of which was forwarded with
Chief Commissioner's Schedule No. 194 of the 2nd June, 1855.
"When the work was first commenced, there was a good deal of
indirect opposition to it, some of the counsellors saying, that if Sandilli
had a watercourse made for him, he would be virtually renouncing all
hope and desire of getting back his old country. But I am glad to say
that this feeling has now given way to a much more satisfactory one.
96
" On the morning of the day that I left to come here, Sandilli asked
me whether the Governor had introduced the public works with the
intention of weaning him from his old country, and if his accepting of
the work, would not be against his getting back the country he fonnerly
occupied." t
(Signed) C. BROWNLEE,
Gaika Commissioner.
A true extract,
George M. Shepstone,
Clerk to Chief Commissioner.
[Enclosure 3 to Despatch No. 46.]
Fort Murray, 14th August, 1855.
W. F. Liddle, Esq., Private Secretary.
Sir, — Having considered it in accordance with His Excellency's
instructions, I communicated confidentially with Mr Brownlee, the Gaika
Commissioner, compressing the general tenor of His Excellency's letter
of the 26th ultimo, together with queries on the same, and a request
that he would add any other remarks he might deem requisite. I have
now the honour to transmit Mr. Brownlee's answers to the queries, and
two letters comprising Mr. Brownlee's additional observations.
The objections raised by Mr. Brownlee, it will be seen, coincide, in a
great measure, with my own ; although, in answering every particular
query, he does not seem to have always considered the whole scope and
bearing of the matter; and there is throughout a tone of indecision, which
renders it somewhat difficult to decide whether Mr. Brownlee, from his
zeal to see some desirable change effected, fully keeps in view, or sees the
force of his own objections.
With the exception, however, of dissenting altogether from the political
theory expressed in the last sentence but one of Mr. Brownlee"s second
letter (so far as I can understand it), I do not feel called upon to make
any other remarks, as His Excellency will be able to separate the objec
tions founded on Mr. Brownlee's experience from the views into which
his hopes lead him. I have, &c,
JOHN MACLEAN,
Chief Commissioner.
(Confidential.) Fort Murray, 6th August, 1855.
Charles Brownlee, Esq., Gaika Commissioner,
Dohne Station.
Sir, — In giving me your opinion on the applicability of the plan pro
posed in the accompanying extract from His Excellency's letter of 26th
ultimo, I would wish you to consider the following points, replying
to each seriatim, adding any further observations which you may think
necessary: —
1. As regards the mere presence 1. Under present circumstances
of a European resident magistrate, I think that the presence of Euro-
97
would this be received willingly by
the chiefs, or how far would they
dislike it, and consider their pre
sence and their advice in the light
of an irksome control ?
2. In what light would the chiefs
view the power of deciding on cases
(with the presence and advice of
a European resident magistrate),
while the fine levied was paid, not
to them, but to the Government,
either through themselves or through
the resident magistrate ? Would
it seem to them to render their
chiefiainship a mere word, or nul
lity, or would their ideas of chief
tainship be so little infringed by
such a change, as to lead them to
acquiesce in the plan of receiving
the subsidy instead ?
3. In what light would the Kafirs
generally (as distinguished from the
chiefs), look on the plan of the fines
being received by the government
instead of the chiefs ? Would they
consider it any abrogation or les
sening of the chieftainship, or a mere
change of arrangements ?
4. In case you thought the chiefs
opposed to this change, do you think
it would be so favourably received
by the common people, as to obvi
ate any danger arising from the ill-
will of the chiefs ? or do you think
that the apparent lessening or abro
gation of the chiefs' power would
tend to lead the people, from na
tional pride, and adherence to their
ideas of national independence and
native chieftainship, to take the
pean magistrates, to act as asses
sors and advisers, would be disliked
and objected to. In consideration
of the salary to be given to the
chief, he may consent to have a re
sident appointed, but with the de
termination of evading, as far as
possible, the fulfilment ofthe stipu
lations to which he assents.
2. When the fine levied should
be paid to the British Government,
and not to the chief, the probability
is, that in all cases where he could
do so, the chief would endeavour
to prop his falling power, and secure
his popularity with his own people,
by leaning to the side ofthe offender.
When the case might be between
Europeans and Kafirs, the chief
would consider himself bound to
advocate the cause of the latter.
Bribery might also sway the chiefs
in their decision of cases, and it
would be his constant endeavour to
maintain the integrity of his present
standing. 3. The idea of the chiefs would
be that so much per annum was
offered to them for their chieftain
ship, influence, and revenue, and
would probably value their chief
tainship at a higher rate than would
be expedient to pay for it. This
arrangement would be regarded by
the common people, as well as by
the chiefs, as a lessening of the
authority ofthe chiefs; and, inas
much as the system of 1848 was,
without doubt, acceptable to the
common people, so would the sys
tem now proposed.
4. Whatever may be the views
of the common people with regard
to any measure, there is no doubt
that a chief will command sympathy
through the medium of his coun
sellors and men of influence, and in
cases of extremity the common peo
ple, either from necessity or feelings
of nationality, would stand by their
chiefs.
H
9V
chiefs' and Kafir side of the ques
tion, even though they considered
justice more likely, under the new
plan, to be administered with a
more even hand ?
5. Would this arrangement seem
to the chiefs at all inconsistent with
the official declarations made to
them since the late rebellion, that
the chiefs would be allowed to go
vern them after their own fashion,
in all cases not repugnant to hu
manity, &c. ? or would it seem a
breach of such declaration, or be
liable to be viewed as one of the
steps towards subjugating them
under the rule of the whites ?
6. Many cases brought before
the chiefs being appeal casrs, and
some cases being also never brought
before the chiefs at all, but decided
on by head-men and counsellors,
do you, from this circumstance,
apprehend any difficulty in carrying
out this scheme ?
7. Would this arrangement in
any way tend, among the Gaika
tribes, to diminish the authority of
Sandilli over the other chiefs, if
resident magistrates were ap
pointed? and, if so, what effect,
favourable or unfavourable, would
such a tendency have ?
5. If this arrangement were adop
ted without the consent ofthe chiefs,
they would certainly deem it an in
fringement ot the declaration made
to them on the 2nd March, 1853,
as well as a step towards bringing
them more closely under the rule
of the English.
(J. When influential men and
counsellors would be excluded from
power ai d gain by this system, they
will, doubtless, use their influence
in opposition to it.
7. The authority of Sandilli being
paramount among the Gaikas, he
would not approve cordially of any
system of judicature by which cases
could be decided irrespective of
him. Macomo and Anta, how
ever, would not object to any sys
tem wliich placed them on an equal
footing with their younger, though
superior, brother; but even this,
probably, they would not purchase
with the loss of supremacy in
their own tribes. Should there be
a combination among the minor
chiefs to oppose Sandilli, they could
withstand his authority ; but this is
only likely to be in opposing arbi
trary or unjust conduct, which is
seldom or never resorted to against
minor chiefs by their superiors. The
tendency, favourable or unfavour
able, ofthe diminution of Sandilli's
power, will, of course, depend en
tirely upon the position in which
His Excellency purposes to place
Sandilli. It may be necessary to
maintain the preponderance of his
power for the sake of carrying out
99
8. Do you consider the war spirit
sufficiently broken that the terms of
the proclamation of peace made on
the 2nd March, 1853, are likely, for
any length of time, to be adhered
to, and that habits of peace and
good order are likely to be con
tinued ?
1 have, &c,
(Signed) JOHN MACLEAN,
Chief Commissioner.
A true copy,
George M. Shepstune,
Clerk to Chief Commissioner.
the government in his own tribe,
and enforcing obedience in others,
or, it may be that His Excellency
wishes to restrain Sandilli's power
and influence to his more immedi
ate adherents.
8. I consider the war spirit so
far broken that the (iaikjs deem
themselves unable, under present
circumstances, to involve themselves
in war with the Government, but,
at the same time, I feel convinced, if,
from any combination of circum
stances, they considered that they
were strong enough to ovenome us,
war would be the result.
(Signed) C. BROWNLEE,
Gaika Commissioner
Dohne, 8th August, 1855.
A true copy,
G. M. Shepstone,
Clerk to Chief Commissioner.
Dohne, 8th August, 1855.
Colonel Maclean, Fort Murray.
My dear Sir, — Sooner or later, some such system as that contem
plated by His Excellency will have to be introduced fur the government
of British Kaffraria; but I think the time has not yet arrived for its
introduction among the Gaikas. It may, however, without delay be
introduced among the Fingoes residing in British Kaffraria; and I
think tiiat the system would prove acceptable to Kama and Toise: it
might also be received favourably by the Tambookies residing within
the Queen's Town district, under the Regent Nonesi. After the system
had been introduced among these tribes, and it becomes evident that it
worked beneficially to the people, without depriving the chief of a
revenue or abrogating his authority and chieftainship (though doubtless
they would gradually decay), the system might be willingly received
here. Had the thing become introduced at the conclusion of peace, I do not
think that any objection would have been offered to it ; but now the
chiefs would look with suspicion on anything which would appear like
a trenching on their authority, and all the influential men would
sympathise with them, they benefiting with the chiefs in the plunder
and oppression of the lower classes.
Should the lung-sickness, however, break out among the Gaikas,
and the loss of cattle become general, then I think His Excellency-
could at once introduce the system, and that it would be received as a
boon, as the chiefs would then be without either revenue or retinue.
Under the present system, the annual confiscations and fines are
great. During the last two years, Sandilli has confiscated fully 300
head of cattle, and as many more may have passed into the hands of
h2
100
his counsellors and attendants in the way of fees, for executing sentences
in law suits. Though so many cattle have passed through Sandilli's
hands, he himself is not possessed, at the most, of more than 120 head
of cattle, as he is particularly liberal in the distribution of whatever
comes into his hands. In a case where he confiscated 80 head of cattle,
the property of a man named Qontshi, Sandilli only retained five, dis
tributing the rest among his counsellors. Since the conclusion of peace.
Sandilli has obtained, in gifts from H'lambis, Galekas, and Gaikas, more
than 100 head of cattle, and of all these, I do not think he now possesses
more than 10. There is thus a charm in his authority which does not
consist in the acquisition of property, but in being constantly attended in all
his movements by large trains of flatterers, ever ready to do his bidding.
His Excellency's system would strike at the root of this, — and the
sooner the better; but I fear at the present moment, with the Gaikas,
among whom petty chiefs descended from Pato and Rarabe may
be called legion, the change would be viewed with suspicion and dislike,
aud that they would imagine the system of 1848 was again about to be
established. But even supposing that they rightly apprehended the sys
tem, they would oppose it on the ground that they would be precluded
from the exercise of the authority they now enjoy in the decision of cases,
which, however, are subject to an appeal to higher courts.
This objection may, however, in some degree be met, by permitting
minor chiefs and influential men to hear cases and arbitrate, without
granting them the power to resort to compulsion in the settling of any
case. I think among the Hlambis the system could be introduced,
I'efore it is among the Gaikas, as they have already suffered very severely
from the lung-sickness, which is still continuing its ravages; but if the
system can be introduced only among the tribes who have lost their
cattle, another system of punishment than fines will have to be resorted
to, and even where the people are wealthy, individuals will be found who
have not ten shillings' worth of property." The law among the Kafirs is,
that when a man who has no property is adjudged to pay a fine, his
nearest relatives must make it goud ; and as this law could not be acted
on under His Excellency's arrangements, certain prison discipline would
have to be resorted to.
In the mean while, I think the best preparation for the favourable
reception of His Excellency's arrangements is to extend, as far as possi
ble, the public works now in progress. When people from all parts
become enriched with the munificence and liberality of the Government,
a feeling at least of confidence will gradually extend far and wide, and
I think cannot fail to influence even those in authority, who are indi
rectly, and often directly, benefited by the earnings of their people.
As the public works are extended, of course extended superintendence
will be required, and by a proper and judicious selection, young men
may be obtained; who by their training on the public works, and con
sequent acquaintance with the people, may be eligible to be employed as
clerks and interpreters to any magistrates who may be appointed.
(Signed) C. BROWNLEE.
P;S- — The foregoing remarks should probably have been sent
officially ; you may use them as such if you wish.
(Signed) C. B.
A true copy: George M. Shepstone.
101 Dohne, 10th August, 1855.
Colonel Maclean, Fort Murray.
My dear Sir, — I do not think I can add anything to what I wrote
respecting the extract from His Excellency's memorandum. There is a
difficulty regarding the limitation of counsellors, as the chiefs have no
fixed number. They have always more or less about them; aud as some
leave, others take their place, all coming in for a share of what may be
going in the way of fines and confiscations. The salaries for the chiefs
will have to be fixed according to the number of their people, and the
consequent extent of their .revenue. If the chiefs should cordially fall
into His Excellency's views, there will be no great necessity of keeping
any extensive police, as sentences c>uld be executed somewhat as they
now are, namely, by persons about the chiefs, who, as the Governor
suggests, could be paid by fees for the execution of each case. If it was
thought necessary tha't the resident should have some share of authority
in the execution of decisions, it would at least be necessary to make pro
vision for feeding any people who may be hanging on in the expectation
of finding employment; but I think it would be more advisable that
the chief should have the enforcement of sentences.
The speedy adoption of His Excellency's 3eheme seems to me, for the
present, greatly to depend on the lung-sickness. Power is sweet ; and
the chiefs will cling with great tenacity to even the shadow of it, and it
will be a hard struggle for them to give up the pleasure of distributing-
cattle among their followers. It is clear, however, that the present system
is not adapted to tlie condition of a people beyond the stage in which
the Kafirs are, and it would perhaps be quite as easy to introduce a
good system at once, as to be constantly making improvements, to keep
pace with whatever advancement may be made. When the Kafirs
know Sir George Grey better, and have full confidence in him, the
difficulty of making any change will be greatly lessened.
(Signed) CHARLES BROWNLEE.
A true copy :
George M. rjhepstone.
[Enclosure 4 to Despatch No. 46.]
Schedule of Documents submitted for the consideration of His
Excellency the High Commissioner, Fort Murray, 28th Aug., 1855.
Having called upon Mr. Brownlee, the Gaika Commissioner, for his
opinions in regard to the introduction of a better system of justice amongst
the Fingo tribes, I herewith transmit that officer's reply, dated 23rd
August, in which he states that he considers the system proposed in His
Excellency's letter ofthe 26th ultimo needs of no modification as regards
the Fingoes ; but, as regards the other native tribes, he is of opinion that
there must be a revolution in their circumstances and sentiments, and
that such a system, under present circumstances and feelings, could not be
understood. The opinions expressed by Mr. Brownlee appear to me a contradiction
of those expressed in his former letters on the same subject, copies of
which were transmitted with Schedule 208, of 14th instant.
JOHN MACLEAN,
Chief Commissioner.
H 3
102 Dohne, 23rd August, 1855.
Col. Maclean, Chief Commissioner.
My dear Sir, — I do not think that Sir George Grey's system of
governing the natives needs any modification with regard to the Fingoes,
and it wouldbe infinitely preferable to the system of management through
the superintendents under whom they have been placed, they being badly
paid, consequently not efficient men, possessing little or no influence with
the people over whom they have been placed.
There are, however, two great difficulties with regard to the Kafirs.
They will not like the intervention an,d interference of European
magistrates in tribal affairs, and they will not approve of the giving over
ofthe fines and confiscations to the British Government. This will strike
at the root of their chieftainship and standing with their people, to which
they cling with astonishing tenacity, — many men, on account of their
descent, ranking as chiefs, though they may have only two or three
adherents. From these and the counsellors is the greatest opposition to
be expected.
The subsidy which His Excellency Sir George Grey proposes to give,
is far below the revenue of the chiefs. This point alone, without any
other, would cause them to object to the proposal, and if they consented
to it, it would be with the determination of evading the fulfilment of the
stipulation. On this point, I would before have spoken more decidedly,
had I known, when I wrote, the amount proposed to be allowed to the
chiefs. I think the only condition on which the chiefs would accept ofthe
proposal, would be that the fines and confiscations be appropriated as
heretofore. A magistrate must, however, have a voice in the passing of sentences.
In this, I see a difficulty which is liable to lead to endless disputes. He
and the chief may seldom or never be agreed as to the amount of fine,
and they may often differ with regard to the guilt of a man brought before
them for trial. What is to be done in such cases ? Such cases will
doubtless have to be referred to you for decision, thus in some degree
assimilating the state of ihings to the system of 1848.
But before the chiefs would accede to the proposal, they will naturally
inquire, " By what laws are we to be governed ? " Here a difficulty will
doubtless arise. It will be necessary that some code be formed for the
guidance of the magistrates, and that a scale of prices be fixed, as far as
may be, for unless this is done, there will seldom be any agreement
between magistrates and chiefs in the settlement of cases. The law with
regard to witchcraft will have to be abolished, for though we may now
permit them to punish people accused of witchcraft, no magistrate could
concur in the punishment of any one charged with witchcraft. The
abolition of punishment for witchcraft would be greatly opposed by the
chiefs, for being considered an offence agaiust the state, the principal part
of the fine goes to the chief.
Before the Kafirs will accept of Sir George Grey's plan, there must be
a revolution both in their circumstances and sentiments. Under present
circumstances and feelings the system could not be introduced, — the minds
of the chiefs and people must be gradually prepared for the change, by
instruction and civilization, I have, &c,
C. BROWNLEE.
103
[Enclosure 5 to Despatch No. 46.)
Dohne, 17th September, 1855.
Colonel Maclean, Civil Commissioner, British Kaffraria.
Sik, — The present mode in which the administration of justice is
conducted by the chiefs is one which demands the most earnest
consideration. We can never expect the people to advance in civilization, or long to
pe^-sist in endeavouring honestly to acquire property, if, at any moment,
they may be stripped of it at the caprice of a chief and his counsellors.
Such a barbarous mode of administering what is termed justice, can but
continually train up a race of poor and restless robbers, who, if they are
in the vicinity of a wealthy, yet scattered, community, will certainly,
from time to time, break in and steal from them, and carry off the stolen
property to their own country, when the chiefs are little likely to assist
in giving up thieves who have simply stolen what, a great part of wliich
will, probably, in the due process of their own law, ultimately pass to the
chiefs and counsellors.
Moreover, the chiefs deriving at least a considerable part of their
revenue from what may be termed the fees of their courts of justice, or
from fines for public offences, usurp, in fact, the prerogatives ofthe Crown,
exercising sovereignty by appropriating to their own wants a part of the
public revenue, and interfering with the prerogatives of mercy, by pre
venting the Crown from remitting fines and penalties, however unjustly
they may be imposed ; and finally preventing the Queen from throwing
over the quiet and well-disposed among her Kafir subjects, the protection
ofthe British laws, as the chiefs and counsellors have a direct interest in
maintaining their own jurisdiction, which is so great a source of profit to
them. For similar reasons they have a direct interest in encouragiug accusa
tions for witchcraft and other offences, and in having the accused found
guihy rather than innocent.
It should be borne in mind, also, that the jurisdiction of the chiefs is
not only over certain persons, but over entire territories, which have been
assigned to them, the population in which is likely continually to increase,
so that a dangerous power is already in existence, and year by year
grows and becomes more profitable
I need not go more into detail on this subject; the future of the
country is hopeless whilst such a state of things continues, and the
evil is so enormous that even some risk must be incurred in putting an
end to it.
I do not wish this to be done abruptly or harshly, or that we should
attempt to take from the present chiefs and counsellors, a part of their
present incomes, without giving them a fair equivalent in return. But 1
hope that you will be able to induce the chiefs and counsellors to accept
such an equivalent for the fines and fees they now receive as I have
named in the enclosed schedule, agreeing also that these shall become a
part ofthe public revenue, and at the same time consenting to receive at
their stations a resident European magistrate, upon the plan I have
already explained to you, who, not attempting to enforce any decision of
his own, shall yet sit as assessor with the chiefs, in all important cases,
and shall publicly state his own opinion upon each case to the chief and
104
counsellors, and endeavour to induce them to arrive at such a decision as
is consistent with equity and good conscience.
The result of this system will be, that the chiefs and counsellors, gain
ing nothing from the fines, will have little inducement to impose them, and
although therefore the Crown will, for the present, derive from this source
little or nothing of the revenue which the chiefs now draw from it, still
property will be much more secure than at present, a stimulus will be
given to industry, and the indirect revenue that will be derived from an
improving population will far more than compensate for the proposed
outlay. I also confidently trust that talented and honourable European gentle
men being brought into daily contact with the Kafir chiefs, and interest
ing themselves hourly in their improvement and advancement, will, by
degrees, gain an influence over them which will, in the course of time,
induce them to adopt our customs and laws in place of their own,
which the system I propose to introduce will gradually undermine
and destroy.
I have already, in a previous communication, and in various conversa
tions with you, explained my wishes on this subject at such length
that I need, at present, say no more than that I wish the proposed
system to be introduced without delay amongst the Fingoes in the
Crown reserve, in a modified form, — the magistrate there acting at
once as the chief, and a few headmen being paid small stipends to act
as counsellors
The Kafir chiefs you must endeavour to induce, one by one, to adopt
the proposed system. The two first persons to be appointed as magis
trates, are Captain Gawler and Captain Reeve, of the 73rd Regiment.
When you have so far prepared matters that you find you can locate
magistrates with any of the chiefs, you can apply to the General to place
the services of those officers temporarily at the disposal ofthe Government,
it being understood that they are to resume their military duties when
ever required so to do .
You will, of course, be particular in explaining to these gentlemen
how much of the success of the proposed plan will depend upon the dis
cretion with which they act, and in impressing upon them how important
it will be to act in all matters as the friends and advisers of the chiefs
and their tribes, exerting themselves to the utmost to promote agriculture
and the arts of honest industry; to explain all misunderstandings that
may arise regarding the intentions of the Government, and gradually so
to gain the confidence alike of the chief and his tribe, that they may
exercise a considerable influence for good over them.
I have only further to add that I wish the chiefs and counsellors to be
paid monthly, and that the salary of the counsellors should be paid, not
to any particular individual, but to the persons who perform the duties
ofthe office during the whole or any portion ofthe month.
I have, already, slightly alluded to this subject to Sandilli, men
tioning to him that you will communicate more at large with him
regarding it.
Mr. Brownlee was present, and can thus let you know precisely what
passed between Sandilli and myself. I have, &c,
(Signed) G. GREY.
105
Authorized Schedule of Pay to Chiefs and Counsellors.
CHIEF.
Salary.
No. of
Counsel lors.
Salary each.
Total for
Counsel lors.
Total cost
for each
Chief.
£1884
£1590
Pato
Macomo ....
Sandilli
Zali and Tatai
Toise
£96 96844896 484884368484
1010 6
4
10 22 4246
£18 18
18
18 18
1818 18 18
1818
£180 180108 72
180 363672 36
72
108
£276 276 192120
276 84
84
156 72
156192
£1884
Magistrates with
Salary.
Clerk's Salary.
Rent.
Forage
£350 350
350
£120 120 120
£30 3030
£30 30
30
£530 530
530
£1050
£360
£90
£90
£1590
£3474
[Enclosure 6 to Despatch No. 46.]
Dohne, 23rd August, 1855.
Memorandum. — At a meeting held with the Gaikas near the Yellow
Woods, on the 2nd March, 1853, His Excellency Sir George Cathcart
informed the Gaikas that as they had shown their adherence and attach
ment to Sandilli, during two years of war, they should now be placed
under his rule and government, to be governed by Sandilli, according
to Kafir laws and usages.
In 1853 a favourite ox of Umhala's died, and several persons being
accused of having bewitched it, were put to death. Though this, even
in its first stages, was brought to the notice of Sir George Cathcart, he
refused to interfere in it, thus practically illustrating his course of policy
with regard to the government of the Kafirs.
Since the case referred to with Umhala, several cases of appeal against
the oppression of the chiefs have been brought before the Gaika Com
missioner ; but upon the principle laid down by His Excellency Sir
George Cathcart, such appeals against the chiefs could not be entertained.
CHARLES BROWNLEE,
Gaika Commissioner.
106
[Enclosure 7 to Despatch No. 46 ]
Fort Murray, 3rd November, 1855.
His Excellency Sir George Grey, K.C.B.,
Governor and High Commissioner.
Sir,— I have the honour to state, since your Excellency's departure,
both the Gaika Commissioner and m3'self have taken various oppor
tunities of laying before the chiefs, individually, the nature and benefits
of a plan suggested in your Excellency's letters of the 26th July, and
the 17th September, 1855, and I beg "to annex a correspondence from
the Gaika Commissioner, detailing various conferences held with
Sandilli and others.
In the concluding paragraph of Mr. Brownlee's letter of the 18th
ultimo, he states, that however much it may be opposed to my views,
there was no course left open but to call a public meeting. Mr.
Brownlee is aware of my desire to avoid public meetings wherever
possible. I, however, found with him that in this case where a general
plan was proposed, and where the matter was one of national import
ance, that however any chief might afterwards act on his own responsi
bility and judgment, no decision would be given until tbey had,
according to custom, deliberated with one another.
I therefore convened a meeting ofthe Gaika chiefs at the Dohne, and
also one of the Hlambis at Fort Murray, and I have the honour to
submit herewith the enclosed reports of what passed on both these
occasions. The two questions, of receiving a European magistrate and that of
paying over the fees to Government, were those of course which
created the chief difficulty, and in the latter question, particularly, the
case of a fine for murder was adduced, first by Sandilli and afterwards
by other chiefs, for as the people are considered, according to Kafir
law, as belonging to their chief, so in cases of bloodshed, and generally
in other cases of personal injury, the chief is considered the person
injured, or as deprived of the services of the injured or murdered
person He, therefore, and not the injured person or his family, receives
the compensation, or " blood fine," and the paying over this to Gov
ernment, in case of murder, therefore appears, more particularly than in
any other, a renunciation of the right of chieftainship.
This was so insisted upon, that I thought it better to take a middle
course, and suggest that on principles of equity, the blood fines should
go to the family of the murdered person, a change which I trusted
might find favour, from its obvious justice.
With regard to the proposition of the Gaikas to meet the Hlambis
in a general council, I thought 'it proper to oppose it, as, though the
Gaikas and Hlambis separated from one another in the war of 1850,
and though I have during my residence in this country observed, as
I think, an increasing tendency to separation hetween the various tribes,
yet of late, the Gaikas have more than once endeavoured to bring about
some greater union between themselves and the H'lambis than has lately
existed, and this union I have considered it as our policy to avoid.
Being under the necessity of meeting the chiefs collectively, I took
advantage of it to assemble as many of the people as possible, partly
in order, that these latter, as those chiefly to be benefited by the pro
posed change, might learn its true nature, and their influence thus be
107
brought to bear on the decision of their counsellors and chiefs, and
partly also to prevent the spread of any mnlieious or unfounded
statements, as on so important a subject would otherwise too readily
arise, and be believed, throughout the's^ and the neighbouring tribes.
I am happy to state that, in accordance with this view, the proposal,
in so far as I can learn, was well received by the people generally, the
opposition to the measure being confined more to the. counsellors, and
more particularly those of the Gaika clans. The chiefs in general
cautiously avoided expressing any opinion, either before or during the
meeting. I have received no answer from the Gaikas, and from the statement
made by the chief Toise, it would appear that they have referred, ac
cording to their expressed desire, to myself, consulted Umhala, and
intend taking the opinion of the chief Krili.
Among the Hlambis, Kama first consented toaccept the plan, coupled
with the wish that he might be allowed to choose his own magistrate.
On the following day, Pato assented to me privately, making a somewhat
similar request. The next day Siwani, Toise, and Jan Tzatzoe, gave
their full concurrence to the recept;on of the plan as communicated to
them by me.
With regard to the Fingoes I anticipate no difficulty. I have com
municated with some of the head man, and they enter' fully into your
Excellency's plans ; and I beg to propose that the amount to be paid to
each head of a clan should not be less than £20 per annum, as other
wise they might feel hurt at receiving less, or equal to thai received by the
counsellors of the Kafir chiefs, — £18 per annum,
For the present, as suggested in your Excellency's lett.-r, Mr. Ay 1 iff
might act as magistrate both for Kama and the Fingoes; but I would
recommend, that as soon as possible these offices should be separated, in
order that the magistrate appointed over the Fingoes maybe the more readily
received by them as in reality their legitimate head, and as identified
with their own interests. For the same reason, — and as the strength of
the personal influence of the person appointed will not only greatly
influence their advancement, but strengthen their fidelity to government,
and, in case of disturbance, render them more effective, — I would also
suggest that the person appointed should, if possible, be one not likely
to be removed, and who, if not conversant with the language, might
reasonably be expected to become so. I have, &c,
JOHN MACLEAN,
Chief Commissioner.
Dohne, 24th September, 1855.
Memorandum. --Sandilli having been informed that his Excellency
the Governor would pass the Dohne on the 17th feptember, came here
to meet him, accompanied by Xoxo, and one or two minor chiefs, with
a few of their counsellors.
After the arrival of the Governor at Dohne, Sandilli came alone to him,
and stated that he had a request to make, as he was greatly in need.
Sir George Grey asked what the request was, and was answered that
it was for money, blankets, and buttons, for four of Sandilli's wives,
who had new cloaks, but who had no buttons to put. on them.
108
His Excellency replied that he wished to place Sandilli in a position
in which he could have a fixed and regular salary ; that he might then
be enabled to purchase for himself whatever he required, without de
pending on the casual favour and good-will of the Governor to supply
his wants ; that the Chief Commissioner had received the Governor's
instructions on this subject, and he would communicate them to Sandilli,
together with the conditions on which the money would be granted.
Sandilli thanked the Governor, and said " It is good."
CHARLES BROWNLEE,
Gaika Commissioner.
A true copy : George M. Shepstone,
Clerk to Chief Commissioner.
Dohne, 27th September, 1855.
Colonel Maclean, Chief Commissioner,
Kaffraria.
My dear Sir, — I am prevented to-day, by rain, from going down to
Fort Murray, and I think it has been rather fortunate, as Sandilli has
just paid me a visit. I introduced to him the Governor's arrangement
for the future government ofthe Kafirs, in the manner which I suggested
in a note to you last week. I informed Sandilli that the Governor was
anxious for the better government of the people, and that he would
place him with the chiefs who would counsel and advise them in the
settlement of cases, without using force or coercion. I said nothing
with regard to the fines to be paid to government, but informed Sandilli
that the Governor gave the salaries, that the chiefs should not derive
their revenues from fines and confiscations. I informed Sandilli that I
had no authority to make this communication to him, and that I did it
only privately, for the thing is in your hands, and I would receive my
instructions from you, or you would yourself come up and see Sandilli,
to make him acquainted with the particulars. Sandilli appeared very
much pleased with the amount of money that is proposed to be given to
him and his counsellors ; and as far as he is acquainted with the thing,
he highly approves of it, but of course he can give no reply until the
thing is officially stated to him, and before he meets his council.
Macomo came here yesterday. I introduced the matter to him in the
same manner as I did to Sandilli. He also approved of the arrangement,
as far as he knew it ; and both are anxious to finger the silver as soon as
possible. Sandilli asked if there would be no pay for this month. I
told him no. I read the names of the othtr chiefs who had been named
in the Governor's letter, and Sandilli inquired why Tola, Xoxo, and
Oba had not been named. I informed him that His Excellency did
not wish to compel the people to accept of the arrangements he proposed
to introduce ; but if any of the chiefs who were not named wished to
have residents appointed with them, and wished to be placed under the
same regulations as those named by the Governor, they might make the
application, and I felt satisfied that the Governor would grant their
request. Sandilli wished that the other chiefs should be included, as
they would be a tax on his income, while he had so many brothers and
counsellors, that he would find it difficult to supply them all from the
allowance.
109
I trust that I have not exceeded my duty in having broken the matter
to these two chiefs. I thought it a pity of losing the opportunity of
ascertaining their feelings in a friendly manner, that you might thus
publicly have been enabled to choose the best course for the introduction
of the thing. (Signed) C. BROWNLEE.
A true copy : — George M. Shepstone.
Fort Murray, 9th October, 1855.
Col. Maclean, Chief Commissioner.
Sir, — I have the honour to report, for your information, that I this
day went to the residence of the chief Sandilli, to acquaint him formally
with His Excellency's proposal for the future government of the Kafirs.
I found Sandilli with all his chief counsellors, and the chiefs Xoxo and
Fynn. I introduced the subject by informing them that the object most desired
by the Governor, Sir. G. Grey, was to promote the prosperity and
happiness of Her Majesty's subjects, both white and coloured, and to The (jesire for
secure a lasting peace ; he was therefore doing every thing in his power peace should
to secure the former, and to establish the latter. j>e avoided, as
Robberies had caused war, but His Excellency has put it into the beaiieffn°our
power of the industrious to procure, by the labour of their hands, cattle desire to pur-
and whatever else they needed. In order to afford the gain of labour to an^hauhis is
the people, and at the same time to benefit the chiefs, watercourses had a scheme
been made for them, and now many people were employed in making merely to
roads, which works it was in contemplation greatly to extend. ensure it. ^ ^
While the people were thus acquiring property and learning civilised
habits, the Governor was also willing to extend his help to the chiefs, in
order to improve the social condition of chiefs as well as people.
For this purpose, he was willing to allow Sandilli £96 per annum, and
£180 to be distributed among the counsellors who may, from time to
time, assist Sandilli in the government ofthe tribe.
The salary was to enable Sandilli to purchase for himself whatever he
might require, and that he might be enabled to keep up his establishment
and dignity as a chief.
Cases should, as heretofore, be brought before the chief for decision,
but the Governor would appoint a suitable person to reside with the
chief, to hear the cases with him, and to act as his adviser in their
settlement. The Governor wished to place the chiefs in such a position that they
would never be tempted to make unjust decisions ; they would no longer
be dependent on the uncertain proceeds of law cases and confiscations,
but would have fixed and regular salaries, and for this the Governor ex
pected that the perquisites and fines which now went to the chiefs should
in future go to Government. Every one present knew quite well that
it was often considered quite sufficient cause to confiscate the cattle of
some unfortunate individual, because the chief or his children were
hungry. The Governor now offered to them a system of government and
works, under which no one need want. The Gaikas might, perhaps,
not view me as a friend on the present occasion, but simply as an agent
of the government ; nevertheless I had come among them to-day as a
no
friend. My advice to them was to accept of the Governor's benevolent
proposal. I did not expect an answer, as Maclean was coming to announce
the matter, but I had c me to prepare them, that they might be able to
give Maclean an answer when he came up.
The counsellors who first spoke were Holo and Soga. The latter was
particularly strong in his opposition to the measure, as breaking down
the customs ofthe Kafirs, depriving the chiefs of the concession which
Sir George Cathcart had made to them, of governing their people accord
ing to their own laws, that, the receipt of money would bring the chiefs
;nto trouble, and that the money which the chiefs and counsellors would
receive would not be equal to what they now had as a source of revenue.
It was also asked why the Governor wished to change the present
system ? who had complained of it ? and if he could change what Sir
George Cathcart had conceded to them, why can he not change what the
former Governor has done with regard to land, and restore their country
to them ? with other questions of a like nature, which I think unnecessary
to detail.
I answered that the Governor wished to do nothing by force ; it was
his desire to teach the people, and to convince them by kindness. Cases
should still, as heretofore, be heard before the chiefs, and decided by
them. The Governor had issued no order abrogating any measure of
Sir George Cathcart ; he had simply proposed a plan for the ameliora
tion of their condition, and those who approved of it would have it
granted to them. The receipt of money could in no way bring a chief
into trouble ; it was only his misconduct which could bring him into
trouble, and this could be the case as well without as with a salary; and
that the present revenue of the chiefs was uncertain, — it sometimes hap
pened that months elapsed without any income, but now the amounts
would be received regularly each month ; and while, hitherto, even in
cases of extensive confiscation, many persons received nothing, Sandilli
could now be enabled to give something to each man who may be on
duty, on receipt of the monthly payment. In answer to the last question,
I replied that the Governor had not made the proposal in consequence of
any complaint, but, as I had already stated, simply because he desired
to better the condition of the Kafirs.
After a few questions by Sandilli, and his second counsellor, Tyala,
seeking for information on several points, Sandilli stated that he could
make no answer until he had consulted the other chiefs. He said he
would send to them to meet him, and when you came he would be pre
pared to give an answer.
The point to which Sandilli attached the greatest weight was the giving
up to Government of cattle paid as fines for murders ; this point appeared
to be the most objectionable to Sandilli. I told him that I was not pre
pared to give an answer on this point, but His Excellency had made
provision for the support of the chiefs. It was, therefore, not intended
that the chief should derive a revenue from the guilt of his people.
It is necessary that the requirements from the chiefs be explicitly
stated at first; it may not be expedient strictly to insist on the fulfilment
ofthe stipulation in the first instance, but if there is not a clear and defi
nite understanding, at the beginning, of the position of the chiefs, there
will be a difficulty afterwards to make any change. I think it wou'd be
well to give the chiefs at least two or three weeks to deliberate in this
matter ; for if, after its introduction to them, the thing is hurried on, and
Ill
we manifest an anxiety for its immediate establishment, they are less
likely to fall into our views, than if the matter was left more to their
deliberate choice. Any manifestations of anxiety on our part in urgiikg
the acceptance of His Excellency's proposal, would assuredly be viewed
with distrust by these suspicious people. In the meanwhile, I will take
every opportunity of seeing the chiefs and counsellors, and use every
endeavour, in a private way, to remove objections, and prepare them for
the reception ofthe improved form of Government.
When I went to Sandilli's, I fully expected to be met as I was, but
though appearances are unfavourable to the reception of the proposal, I
still hope that it will be favourably received ; at any rate, I think that
Macomo may be induced to accept of it, though it may be only on trial,
and if so, I doubt not it will become a permanency with him, and that
others would speedily follow his example. I have, &c,
(Signed) CHARLES BROWNLEE,
Gaika Commissioner.
A true copy : George M. Shepstone,
Interpreter to Chief Commissioner.
Dohne, 18th -October, 1855.
Col. Maclean, Chief Commissioner,
Kaffraria.
Sir, —Having heard that Macomo refused to attend at Sandilli's
kraal, in compliance with Sandilli's orders, to deliberate on the Gover
nor's proposal for the better government of the Kafirs, I sent a message to
Macomo, expressing a desire to see him.
Macomo came here yesterday, staying one night and the greater part
of two days with me. I had a lengthened conversation with him respect
ing His Excellency's proposal, explaining every point. Macomo stated
that after our first interview on this subject, he had laid it before his
counsellors, with directions that they should give him their unbiased
opinions ; he would now again lay the matter before his counsellors.
He (Macomo) would at once enter into His Excellency's wishes, if
the Governor made hiin independent of Sandilli, by giving him land
elsewhere. As Sandilli is the paramount chief of the Gaikas, Macomo would not
state his views at present with regard to the proposed plan ; but when
Colonel Maclean came up to introduce the matter, Macomo would be
prepared with his answer, after hearing what Sandilli said on the matter.
I have spoken to the chiefs Macomo, Anta, and Namba, on this
subject. They have cautiously avoided expressing any opinion thereon,
and they have invariably referred the matter to Sandilli, saying they
would answer when Colonel Maclean came to meet them.
I am not aware whether you intend to communicate with the chiefs
individually or collectively, but unless you have a meeting, it is quite
evident that nothing can be accomplished. As reported to you on the
9th instant, Sandilli was unable to give me an answer without consulting
the chiefs, and they could make no answer without consulting Sandilli.
Such would still be the case should you introduce the matter to a single
chiff of the Gaika tribe.
112
Macomo appears hitherto not to have acted cordially with Sandilli in
this matter, and though he may find it expedient to act for himself in
opposition to Sandilli's views, I am confident he would not take the
initiative. It would better suit his plans that Sandilli should first commit
himself, which would give Macomo strong and evident cause for oppo
sition and difference.
However much it may be opposed to your views, I think there is no
course left open, but to call a public meeting, at which the chiefs may
be informed, that though one or most of them should object to the new
arrangement, any one who approved of it, might accept it, without any
reference to the others. I have, &c,
(Signed) CHARLES BROWNLEE,
Gaika Commissioner.
A true copy : George M. Shepstone,
Clerk to Chief Commissioner.
^[Enclosure 8 to Despatch No. 46.]
Fort Murray, 12th December, 1855.
W. F. Liddle, Esq., Private Secretary, Cape Town.
Sir, — I have the honour to transmit, for the information of His
Excellency the High Commissioner, the annexed copies of letters from
Mr. Brownlee, the Gaika Commissioner, under date the 5th and 6th
instant, together with my reply thereto.
Mr. Brownlee states that the Gaika chiefs, -with ihe exception of
Macomo, had intimated their approval of His Excellency's measures
for the better administration of justice amongst the natives, only, how
ever, on the condition that Mr. Brownlee should be entrusted with
carrying out His Excellency's measures.
The only comment which I deem necessary to make upon this corres
pondence is, that with regard to Mr. Brownlee's expression, " that the
second communication was an afterthought," — that it probably was,
so far as making it a second message to Mr. Brownlee ; but that their
intention to make this a condition was no afterthought, is apparent from
Mr. Brownlee's succeeding words, and from other information which I
received from various channels. I have, &c,
JOHN MACLEAN,
Chief Commissioner.
Dohne, 5th December, 1855.
Colonel Maclean, Chief Commissioner, Kaffraria.
Sir, — I have the honour to report, for your information, that Sandilli
yesterday sent one of his counsellors to acquaint me that all the Gaika
chiefs, Macomo excepted, had met at Sandilli's kraal, and that it had
been decided to accept ofthe Governor's proposal for the future govern
ment of Kaffraria. Sandilli has sent to acquaint Macomo with the
113
decision. He did not yet know what course Macomo would adopt ; but
whether adverse or favourable to the choice of Sandilli, he would not
depart from the decision now intimated.
Sandilli further directed Bambi, his messenger, to say that there
were a few things concerning which he wished to speak to you, when
you came up to meet the Gaikas ; but what the things referred to were,
the messenger professed not to know. I have, &c,
(Signed) CHARLES BROWNLEE,
Gaika Commissioner.
A true copy : George M. Shepstone.
Dohne, 6th December, 1855
Colonel Maclean, Chief Commissioner.
Sir, — Sandilli has to-day sent to me two of his counsellors, named
Umboi and Xokwana, to say that though the Gaikas had intimated
their approval ofthe Governor's proposal, they would accept of it only on
the condition that I should be entrusted with carrying out the measure.
I directed the messenger to inform Sandilli that it was impossible I
could carry out the whole duties in connection with His Excellency's
proposal ; but that I would doubtless have to work with Sandilli and
the people in this neighbourhood, and that magistrates would have
to be appointed with Macomo and Anta.
This condition appears to be an afterthought, as nothing is said of it
in the message brought by Bambi. It had, however, from the beginning
been intimated that the Gaikas wished for no magistrate but me, though
not in such strong terms as indicated in the message brought by
Umboi and Xokwana.
I presume that this message has been caused by Macomo's answer to
Sandilli, which I have to-day ascertained from a reliable source.
When Sandilli sent to intimate to Macomo the result of the meeting,
Macomo is said to have made the following reply : —
" Sandilli has acted well in receiving the Governor's proposal. I
also am willing to receive it But does Sandilli fully understand what
he is about to do ? Hitherto we have been British subjects in name,
henceforth we will be subjects in truth. Is Sandilli prepared to meet
the Governor at all times, and in all places ; is he willing now to meet
the Governor in Graham's Town ? After he has once received the
Governor's money, he must no longer talk of his fears ; but must obey
in everything. Does Sandilli know that the English over the water
are at war. Is he prepared to go with his men and help the English,
if asked to do so ? I am ready. Let Sandilli well consider what he is
doing. Let him not be tempted by the money, and afterwards become
a liar to the Government."
As no allusion was made to Macomo's message to Sandilli, I did not
refer to it, though doubtless it will be received with some qualification.
I had heard some time since that Macomo had made insinuations, to
the effect that the money to be given to the chiefs and counsellors was
to pay them for fighting against the Russians. I did not then believe that
Macomo would have made an insinuation which he so well knew to be
groundless ; but now I have no doubt of the truth of his having made it.
I
114
Should this be the reason, as I imagine it is, why Sandilli makes the
aforenamed condition, I doubt not the difficulty will be easily overcome.
I have, &c,
(Signed) CHARLES BROWNLEE,
Gaika Commissioner.
A true copy : George M. Shepstone.
Fort Murray, 11th December, 1855.
Charles Brownlee, Esq., Gaika Commissioner,
Dohne Post.
Sir,— In replv to your letters ofthe 5th and 6th instant, acquainting
me that all the Gaika chiefs (Macomo excepted) had decided on accept
ing the Governor's proposal for the better administration of justice
amongst the natives, only, however, on the condition that you should
be entrusted with carrying out the measure, — I beg you may convey
to Sandilli and the other chiefs the intentions, as laid down in
the schedule accompanying His Excellency's first letter on the
future government of Kaffraria, viz., that you would be magis
trate for Sandilli, and others appointed to certain chiefs therein named,
and that you would still remain with the Gaikas as their commissioner ;
and I request you may further acquaint the Gaika chiefs, that, having
already told them that the Governor proposed these measures for their
benefit, and the welfare of their people, that it now rest3 with them to
accept the terms or not, and that I shall be glad to meet any of the
chiefs singly ; but that I declined going to meet them at a general
assembly, unless they are prepared to give a definite answer.
With reference to your wish that I should meet the Gaika chiefs
collectively, I had intended declining to do so on any other terms than
those above stated ; and the receipt of your letters of the 5th and 6th
instant, confirm me in the belief that, in so doing, I act rightly, — for to
meet them on such a message as the one conveyed in your letter of the
5th instant, would only strengthen the suspicions already rife.
I have, &c,
(Signed) JOHN MACLEAN, _
Chief Commissioner.
A true copy : George M. Shepstone,
Clerk to Chief Comr.
23.
Governor Sir George Grey to the Right Hon'ble
Sir Wm. Molesworth, Bart, &c, &c, &c.
[No. 1.] Government House, Cape Town,
16th January, 1856.
Sir, — I have the honour to transmit for your information
copy of a return of public works in British Kaffraria, per-
115
formed by Kafir labour, up to the 11th December, 1855.
This return has been furnished by the Chief Commissioner,
and is accompanied by a report from the Gaika Commis
sioner, copy of which is also herewith enclosed.
2. Hitherto, the experiment of employing the Kafirs upon
public works has been attended with much more success than
could have been anticipated;. The expenditure has, in rela
tion to the objects arrived at, been very small. The country
has been preserved in a state of profound peace; its re
sources are being gradually opened up ; the Kafirs are them
selves conquering their country, by opening up, through their
fastnesses, available roads, which will be of equal use to us,
either in peace or war. They are acquiring habits of indus
try — (formerly, the men never worked), and a taste for the
commodities of civilized life ; and are being, in many other
ways, either directly or indirectly, improved.
3. I feel sure that Her Majesty's advisers will always
reflect with pleasure upon the important advantages which
they obtained for Great Britain and this country, when they
sanctioned the trial ofthe experiment of attempting to induce
Kafirs to engage as labourers on great public works.
I have, &c,
(Signed) G. GREY,
High Commissioner.
[Enclosure 1 to Despatch No. 1.]
Natives actually employed on Public Works, 12th December, 1855.
No. of Natives
Where employed. employed.
Road from Dohne to King William's Town 33
Windvogel Berg road 87
Watercourse at Dohne < • ' "
Road from King William's Town to Kabusi 123
Road between King William's Town and Tamacha, new
line to Graham's Town • • 61
Cutting and extending watercourse at King William's
Town, past the pensioners' village 43
Repairing old road between King William's Town and
East London 10°
Total number of Natives employed 526
I 2
116
BRITISH
Return showing the Works completed and in progress in
Remarks.
Description of Work.
No. of
men em
ployed
Superintendent.
Expenditure.
Completed.
Government Building
at Dohne ; granary,
store room, &c.
50
Gaika Commissioner.
£104 10 0
Completed.
Watercourse for Chief
Sandilli.
70
do.
37 3 9
Completed.
Watercourse for Chief
Tobi.
79
do.
43 9 0
Completed.
Watercourse for Chief
Xoxo.
82
do.
59 11 3
Road from Dohne to
King William's Town .
33
do.
307 13 0
Windvogelberg Road
(Neck road).
87
Mr. H. Thompson,
clerk to Gaika Com
missioner.
316 17 2
Will be
completed
about 15th
January.
Watercourse at
Dohne.
79
do.
120 0 0
13th December, 1855.
117
KAFFRARIA.
the Gaika district, from 21st April to 30th November, 1855.
REMARKS.
Building 63 feet by 17, containing three apartments, and loft used as a granary, store
for tools, and sleeping apartment for workmen : 34 of the 50 men still on the
work.
Watercourse about 1 ^ mile long, average width 3 feet, average depth 2 feet ; covers
about 25 acres of excellent land.
Watercourse 1J mile long, average width 2| feet, depth 3 feet; covers 20 acres of
land : much rock to work through.
Watercourse 1| mile long, width 2 J feet, depth 3 J feet ; covers about 30 acres of
land : much hard work in cutting through rock.
This is a new line of road from Dohne to King William's Town, being about eight
miles shorter than the old line, and much easier; the men have hitherto been
employed cutting a road down the face of Dongaba Hill. A road about 22 feet
wide has been scarped out ofthe face ofthe hill ; the scarping averaging 4 feet.
In some parts it has been necessary to build retaining walls ; and double drains
have been cut along the whole length of the road. 120 men have been employed
on this road ; but with the exception of 33, they have been removed to other
places. The lengths of cutting, about three quarters of a mile.
This is a' road on the highway from Graham's Town and King William's Town to
Queen's Town : it had become almost impassable. A new line has been laid out,
down which wagons proceed without locking a wheel. The road down the
Neck is about three quarters of a mile long; it has been scarped out ofthe Wind-
vogelberg Neck, which consists almost entirely of large rocks of sandstone.
Two and a half miles of drains have been cut, and eight culverts made, to carry
off' the water. This road requires very little more work to complete it, there
being still a few stones in the way, which will be removed as soon as powder
can be obtained. Average width of road 21 feet ; length one mile.
This watercourse will be about three miles long ; will cover about 500 acres of land ;
it will be of an average depth of 2J feet ; a width of 3 feet at the commence
ment of the cutting. At 4 feet from the surface, and for about 300 yards, a strata
of decomposed sandstone, 2 feet thick, had to be cut through ; and there yet re
main masses of hard sandstone, in extent about 100 yards, which have to be
removed by blasting.
(Signed) CHARLES BROWNLEE, Gaika Commissioner.
i 3
Return showing the Works completed and in progress in British Kaffraria.
Remarks.
Description of Work.
Superintendent.
European
Overseers.
Native Classes.
No. of men
employed.
Expenditure.
Remarks.
1st.
2nd
3rd.
Brght. forward
Works in Gai
ka Districts =1 o +f>
o m
MS
oa £;
60 4^
£ «
o
£
*
Lieut. Lamont, Ka
fir Police force.
Capt. Fielding, Kafir
Police force.
Mr. John Keyser.
Lieut. Tekush, Kafir
Police force.
Capt. Fielding, Kafir
Police force.
Lieut. Collins, 60th
Rifles Total
1111
2343
2
2 7
34
120 6261
43
100
480 123 6873
46
137
£989 4 3
339 16 0
139 0 9
43 12 9
40 3 0
54 6 4J
63 9 10
219 17 2
Completed. Completed.
Cutting Road from King
Wm.'s Town to Kabusi
Cutting Road between
King William's Town
and Izle
Cutting Road between
King William's Town
and Tamacha, new line
to Graham's Town
Cutting and extending
Watercourse at King
William's Town, and
past the Pensioners'
villages
Cutting Road between
King William's Town
and Bast London
Cutting Road at Mount
Thomas
Tools purchased for road
parties
4
14
43
386
927
£1889 10 14
GO
JOHN MACLEAN, Chief Commissioner.
119 Dohne, 11th December, 1855.
[Memorandum.]
With reference to the annexed return, the following explanatory
remarks are submitted : —
The Gaikas who have been employed on public works, always seek
employment for a specific purpose, such as obtaining blankets, cattle,
horses, and goats, some having in view the accumulation of property
for its own sake, others for the purpose of obtaining wives ; but from
whatever motive the work is sought, the effect must be beneficial to the
workmen, — the benefit of course being in proportion to the period of
employment Fifty of the men at present on the works have been in employment
almost from the beginning, others have worked for periods varying
from two to three months.
Of the men moved to King William's Town, about 20 have been
permanently on the works. Seventy have thus been constantly employed
for nearly eight months, and about three hundred have, from the com
mencement, been employed for shorter periods.
The system of classes is an inducement to many to remain for
lengthened periods on the works. Those who are in the first and second
have never left, and others remain on the works in the hope of making
themselves eligible for promotion.
The allowance of groceries to first and second classes, and the rule
that they shall be properly clothed, insensibly lead those people to
esteem European luxuries : and it is hoped that, before long, most of
the workmen will be induced to adopt European clothing, to some
extent at least.
The room now occupied by the party working here is found by them
to be exceedingly comfortable and convenient ; but 79 men do not find
much room to sleep in a space of 33 feet by 15. Some of them, therefore,
sleep in the police huts.
The cause of excess of expenditure over the original estimate in the
Government building was principally owing to expense incurred in
boarding one of the rooms, and the loft, not calculated in the original
estimate. The road down the Windvogelberg Neck is completed, with the
exception that some rocks which require blasting have not yet been
removed; but as soon as the powder can be obtained, the obstacles
will be overcome, and the road may be finished with another week's
labour. The Windvogelberg party is n >w employed in cutting a new line
between the Neck and Thomas River. This will secure an easy gradient
in descending to the Thomas River, the road here being in a very bad
siate, from ruts and large stones. This work may be completed in three
or four weeks ; and in three weeks more, the road may be completed
to the Thomas River.
From the Thomas River a new line will have to be taken, to avoid
valleys and bogs. This line will join the old road at about four miles
from Dohne. It will save in distance about five miles between this and
Thomas River, and will be a much more even line.
The line between this and Windvogelberg is one which is much used
by persons proceeding to King William's Town, and by those coming
120
here for timber. Should the port of East London be so far improved as
to ensure direct shipping to it, and the charges of freights and landing
be lowered, the trade from Queen's Town and the interior will be by
this line ; for until a new line is made down Kabusi Neck, all travellers
would prefer this line to the one by Kabusi and the Izale.
Politically, it is preferable that the line by the Dohne should be used;
for in proportion to the traffic will villages spring up along the line, at
favourable points, and give security to the frontier of the Queen's Town
district. But if the line on the east of the Buffalo should be opened, then
the most direct route for the Queen's Town traffic would be by Dohne.
It is the object on this line, as well as on the one from King William's
Town, to make the roads as permanent as possible. Much labour
has therefore been expended on such parts as are apt to fall into
disrepair. The road down the Dongaba hill is now almost completed. The ford
at the bottom of the hill requires to be made passable, and some work
requires to be done in continuing the road to the King William's Town
line, as well as from the Dongaba to this post ; but the road has been
used for the last two months, and the old line by Peelton has now
fallen entirely into disuse.
A line which may at once be undertaken for ihc benefit of the Queen's
Town people, is a branch from the Thorn River down the Eiland's River.
This would open up the communication with the Kat River and Fort
Beaufort and Graham's Town ; this line could be undertaken by the
Gaikas. Another line which might be undertaken is one to branch from the
Eiland's River line at Gaika's Kop, and to descend the ridge between
the Tyumi and Amatola, and to enter the Tyumi valley near to Woburn.
This road would form an outlet from the lower Victoria district to Queen's
Town, and would be of great advantage in case of war.
In addition to the visits of the Gaika Commissioner to the several
working parties, he has visited King William's Town and Fort Murray
ten times, and has made two journeys of inspection in the Gaika district,
in connection with public works, since June last.
(Signed) CHARLES BROWNLEE,
Gaika Commissioner.
A true copy : — Geobge M. Shepstone.
Note. — The Queen's Town road, and also the other lines suggested by
Mr. Brownlee, appear to possess the following advantages : — 1st, open
communication as war roads for the supplying posts in the Amatolasfrom
upper districts of Cradock, Albert, &c, when it is possible that it may
be impracticable to do so by any other road. 2nd. the route from the
interior of the Amatolas to Queen's Town, sixteen miles shorter than
by the Dohne Post.
JOHN MACLEAN, ,
Chief Commissioner.
18th December, 1855.
121 24.
Governor Sir George Grey to the Right Hon'ble
Sir George Grey, Bart, G.C.B.
[No. 11.] Government House, Cape Town,
29th February, 1856.
Sir, —Adverting to my despatch, No. 28, of the J 5th of
November last, upon the subject of a message I had sent to
Panda, King of the Zulus, regarding an attack he was said
to be meditating upon the Portuguese possessions, I have No. i.
now the honour to enclose copy of Panda's reply, which will
be found to be in every respect of a most satisfactory nature.
2, He declares that he knows nothing about any attack on
the Portuguese possessions at Lorenzo Marques, except from
current report, as other people know it. That he was aware
that differences existed between the people of that settlement
and some of their immediate neighbours, in reference to a
question of succession to a chieftainship, but nothing further.
That his men cannot live in that country on account of the
climate, and that it would, therefore, be only a very serious
matter that would induce him to send them there. But that
on no account would he undertake such a measure without
first informing this Government, as has been his practice
whenever any hostile expedition has been thought necessary
by him.
3. He then begs me to represent; in any manner I can, to
the government of the Portuguese possessions in his neigh
bourhood, that he differs much from their elephant-hunters,
who, without reference to him, proceed to hunt in forests and
over ground which he has always reserved for himself, by
which means his rights and revenues are interfered with.
4. I have the honour to report that I have made the neces
sary communication on this subject to Signor Rebello, who
represents the Portuguese government here, from whom I
have received the reply, a copy of which is herewith trans- No. 2.
mitted. I have, &c,
(Signed) G. GREY,
High Commissioner.
122
[Enclosure 1 to Despatch No. 11. J
Reply of Panda, King ofthe Zulu nation, to the message sent by His
Excellency the High Commissioner, by Sibukuli, Fitshi, and Urn-
bangi, belonging to this district, and messengers of his own, who
happened to be returning to the Zulu country at the same time.
Panda thanks very much for the handsome gun and other presents
sent him by the Governor who came from over the water, and he is
much gratified to receive the announcement that he will have the pleasure
of a visit from him during the ensuing winter.
Thus it should be ; the heads of great houses should know each other
with their eyes.
With regard to the attack on the Delagoa Bay settlement, Panda
desires to declare that he knows nothing about it, except from current
report, as other people know it He was aware that differences existed
between the people of that settlement and their immediate neighbours, in
reference to a question of succession to a chieftainship, but nothing fur
ther. His men cannot live there on account ofthe climate, and it would
only be a very serious matter that would induce him to send them there.
But on no account would he undertake such a measure without informing
the Lieutenant-Governor of Natal, as has been his practice whenever any
hostile expedition has been thought necessary by him.
Panda, while disclaiming all connection with the attack on Delagoa
Bay settlement, is glad to have found a referee to whom to address the
complaints he has to make against the elephant-hunters from that place,
who, without reference to him, proceed to hunt in forests and over
grounds which he has always reserved for himself, by which means his
rights and revenues are interfered with ; and he begs the great chief from
over the water will endeavour to represent his cause of complaint in such
a manner as will lead to its removal.
Panda begs to inform the chief that, he considers the English Govern
ment and nation as his friends. This feeling did not commence with him,
but with his brother Chaka, who was the first ofthe Zulu chiefs to come
in contact with white people : he sent an embassy to the Cape, over
water, and from that time ihe Zulus have always desired to be the firm
friends of the English. This he has uniformly evinced in his conduct
towards the Natal government, and he desires that a more intimate union
should exist between both the governments and their people, and that
the boundary line should be but a nominal thing.
Delivered to me, (Signed) T. SHEPSTONE,
Government Secretary for Native Affairs.
Pietermaritzburg, January 16, 1856.
[Enclosure 2 to Despatch No. 11.]
Ville du Cap, le 29 Fevrier, 1856.
Son Excellence Sir George Grey,
Governeur General de la Colonie
du Cap de Bonne Esperance.
Monsieur le Gouveuneur, — J'ai l'honneur d'accuser la reception
de la lettre que votre Excellence m'a adresse, en date d'hier, pour me
123
communiquer le reponse de Panda au message qu'elle a bien voulu
expedier a ce chef pour l'engager a desister de toute demarche hostile
qu'il pourra.it meaiter contre les possessions Portugaises a Lourenco
Marques, et je prie votre Excellence d'en agreer mes remercimens bien
sinceres. Quant a la plainte du meme chef, que des chasseurs d'elephants allaient,
sans son consentement et au detriment de ses droits et de ses ressources,
chasser dans des forets et autres terrains qu'il s'etait toujours reserves
pour lui meme, elle me semble si peu fondee, pour ce que concerne les
sujets Portugais residants dans le dites possessions, qu'il est a ma con-
naissance, que le Gouverneur du district du Lourengo Marques a refuse
meme d'acceder aux demandes qui lui ont ete adressees par des chasseur,
de leur vendre de la poudre pour la chasse des elephants.
Cependant, conformement aux desirs de votre Excellence, je m'adres-
serai, par la premiere occasion, au Gouverneur de Lourenco Marques
pour le prier de prendre des informations sur l'objet de la plainte de
Panda et de lui preter toute la protection possible afin d' empecher
l'empietement de ses droits.
Je saisis avec empressement cette occasion pour vou< rciterer,
Monsieur le Gouverneur, les assurances de la plus haute consideration
avec laquelle j'ai l'honneur d'etre,
De votre Excellence, le tres humble et tr6s obeissant Serviteur,
LUIS CARLOS REBELLO.
25.
Governor Sir George Grey to the Right Hon'ble
H. Labouchere, M.P.
[No. 14.] Government House, Cape Town,
10th April, 1856.
Sir, — I have the honour to acknowledge the receipt of
your despatch No. 9, ofthe 17th December, 1855, trans
mitting a memorandum from Lieutenant-Governor Pine,
containing his views upon the subject of the introduction of
representative institutions into the colony of NataL
2. I am directed by you particularly to report upon the
Lieutenant-Governor's proposition, that the representative
members should be elected by the municipal and district
councils ; and as in my despatch No. 34, of 24th Novem
ber, 1855, I reported at great length upon the subject of
the introduction of representative institutions into Natal,
the question now raised by Lieutenant-Governor Pine is the
only one that appears to require further consideration.
3. The duty imposed upon me in this instance is only to
consider the question in reference to Natal, and in relation
124
to certain municipal bodies which could be called into
exisence in that colony. My task is, therefore, a simple one.
Her Majesty's government is already aware that such a
repugnance to the municipal institutions established by the
ordinance of Lieutenant-Governor Pine has been exhibited
in some of the counties of Natal, that it was found impossible
to establish them. That the public discontent on the subject
ran so high in some places, that I was directed, in despatch
No. 38, of the 31st December, 1854, to which I beg to
refer, especially to inquire into iand report upon this subject ;
and that in my despatch No. 36, of the 27th of November
last, I reported that the government of the colony had found
it necessary to promise not to attempt to introduce the law
for constituting district councils into those counties which
refused to establish them, until it was known whether the
law regarding those councils could be brought before a
legislature containing elected members.
4. Ifj therefore, Her Majesty is advised to refuse to give
representative institutions to Natal until these unpopular
councils have been constituted for the purpose of electing the
representatives, I fear that half the value of the gift will be
lost ; and I even think it doubtful if a portion of the colony
might not still refuse to constitute the proposed district councils,
and to accept representative institutions on such terms.
I have, &c,
(Signed) G. GREY,
High Commissioner.
26.
Governor Sir George Grey to the Right Hon'ble
H. Labouchere, M. P., &c. &c.
[No. 17.] King William's Town,
5th September, 1856.
Sir, — I have the honour to acknowledge the receipt of
your despatch, No. 53, ofthe 16th April last, conveying the
sanction of Her Majesty's Government for the payment, from
Imperial funds, of the stipend of three hundred pounds
per annum to Adam Kok, chief of the Griquas, to which
he was by treaty entitled.
125
2. I at the same time submit, for your information, the
copy of a letter, dated 28th April, which I had received from
tlie Griqua chief on this subject. This letter I did not at
the time reply to, as I had not then received your instruc
tions on the subject. I have now, however, answered it,
and herewith transmit a copy of my reply.
I have, &c,
(Signed) G. GREY.
[Enclosure 1 to Despatch No. 17.]
Philippolis, 28th April, 1856.
His Excellency the High Commissioner.
Sir, — Your Excellency was pleased to promise, some time ago, that
you would refer my case to the Home Government, for its consideration.
I had hoped to have heard from Your Excellency ere this, relative to
the matter ; but as I have hitherto received no communication, I take
the liberty of writing, to ask if Your Excellency has not yet received
any answer from the Home Government in reference to the grievances
of which I complained.
I exceedingly regret that this matter should not have been arranged,
as its remaining unsettled is a very great hindrance to the peace and
quiet of the country. Proposals for amicable relationships between the
Free State and the Griquas have been made to me by the President, and
such relations are, in many respect-, very desirable ; but, unfortunately,
a great difficulty stands in our way. The Free State is occupying ground
which belonged to the Griquas. A part of this was ceded to the British
Government by me on certain conditions, guaranteed to me by two
successive Governors. — Sir P. Maitland and Sir H. Smith. But these
conditions, one of which was the payment to me and people of .£300 per
annum, in perpetuity, have not been fulfilled, as Your Excellency is well
aware. Another portion of the ground to which I allude ivas unjustly
taken from my people by the British Government ; and so glaring was
the injustice, that Her Majesty's Special Commissioner, Sir George
Clerk, proposed to make compensation for those farms, but which was
never carried out. But all these grounds were made over to the Free
State by the British Government, which now fails to fulfil its obligations
to me and my people. Were these promises performed, we could then
have no objection to recognise the right of the Free State to the grounds
it occupies ; and thus the great difficulty in the way of amicable relations
would be removed. But, at present, we cannot recognise this right, as
we are still waiting to hear what the British Government intend doing.
Should it positively refuse to fulfil its obligations, then we shall have to
demand either our ground, or compensation for it, from the Free State ;
and in case of non-compliance with our demand, amicable relations will, of
course, be out of the question. We shall then have to determine what
we should do to obtain those rights so pertinaciously withheld from us ;
and should the result be a rupture of peace, the responsibility will, in the
126
opinion of all just men, be thrown upon the British Government, which,
by leaving its pledges to us unredeemed, and its promises unfulfilled,
renders peace and friendship between the Free State and us impossible.
And how deplorable will it be, for both the white and coloured inhabi
tants of this country, to become the victims of an erroneous and unjust
policy ofthe British Government !
Trusting that Your Excellency will favour me with a reply as soon as
possible, as the point is one of the utmost importance to myself and people,
I have, &c,
ADAM KOK, Kaptyn.
[Enclosure 2 to Despatch No. 17.]
King William's Town, 5th September, 1856.
Captain Adam Kok} Chief of the Griquas,
Philippolis.
Sir,— Your letter, of the 28th April last, duly reached me. I did not
think it necessary to return an immediate reply to that letter, because
Her Majesty's Government had not, at that time, returned any answer
to the representations which I had made to them regarding your case.
It, however, affords me very great pleasure to be able to set your mind
at rest on this subject, by informing you that, Her Majesty's Government
acting on the opinions I have expressed, I have now received Her Majes
ty's commands to continue the payment to you of the stipend of three
hundred pounds (£300) per annum ; and I will make arrangements for
such payment being henceforth made to you through the Civil Commis
sioner at Colesberg, or to any agent you may appoint to receive it in
Cape Town, as may be most convenient to you.
I have, &c,
(Signed) G. GREY, High Commissioner.
27.
Governor Sir George Grey to the Right Hon'ble
H. Labouchere, M.P.
[No. 38.] Government House, Cape Town,
22nd May, 1856.
Sir, — I have the honour to acknowledge the receipt of
your despatch, No. 28, of 13th February last, transmitting
a letter from the Foreign-office, dated 30th January, 1856,
upon the subject of the capture and sale of children and
other persons by Europeans residing without the limits of
this colony.
127
2, The subject has engaged much of my attention, and I
should have reported regarding it at an earlier period, if I had
seen my way clearly to the course which I thought Her
Majesty's Government ought to pursue in reference to it.
But this is a difficult subject to decide. It is easy to say that
measures should be taken to put a stop to such practices ;.
but what are the measures which will do this, is the question
at issue ; whilst the danger to be avoided is, taking measures
which will only aggravate and prolong the evils complained
of, instead of putting an end to them.
3. Upon our north-eastern frontier we have two republics
established as such, and duly acknowledged as such by Great
Britain, and this — in the instance of one of them — in spite
ofthe earnest entreaties and remonstrances of a large num
ber ofthe most wealthy and respectable of its inhabitants.
4. These republics number amongst their populations many
persons who were for years the proprietors of slaves in
a slave country, and whose affections were, in a great degree,
alienated from the British Government by the manner in
which slavery was put a stop to in the Cape colony.
5. The European inhabitants ofthe two republics are also,
comparatively speaking, few in number, and are surrounded
by dense masses of natives. Amongst them are many per
sons who, having lived for years on the outskirts of civiliza
tion, unwillingly submit to any laws or restraints.
6, The British Government, aided with all that wealth and
force for which it is, amongst nations, so pre-eminently remark
able, exercised but little influence over the inhabitants of these
republics when it claimed them as its subjects. It found it
difficult to protect them from the powerful native tribes in their
vicinity, and even still more difficult to bend them to its
will. On several occasions, they openly appeared in arms
against the British authorities, and though always ultimately
dispersed, they cannot be said to have been ever subdued.
Great Britain, at last, abandoned its duties towards them,
and left them equally to protect themselves and to govern
themselves. 7. When this step was taken, it must have been known
that all history showed that the easiest way in wliich a poor
state could, unaided, support a war against another poor state,
from which no valuable booty could be obtained, was by
seizing captives in war and selling them as slaves. With
such a prize as this to offer to volunteers, it is easy to summon
F~""~ ] 128
suddenly a large force, and to hold them for some time
together, although neither arms, uniform, rations, or pay are
given to the soldiers. There was, therefore, great danger
that these two republics thus suddenly cast, under circum
stances of great difficulty and poverty, upon their own re
sources, would, from a desire of self-preservation, be induced
or compelled to resort to this means of protecting their homes
and families from an enemy from whom little pity could be
expected. 8. It must have been probably, also, either with a view of
inducing the boers to come forward in their own defence, by the
hope held out to them of retaining the captives they made as
servants, or from the weakness ofthe Government compelling
it to yield to demands of which it disapproved, that the
officers of the British Government, so lately as the year 1851,
when the Sovereignty was British territory, authorised the
capture of Bushmen, men, women, and children, who were to
be placed in a state of involuntary servitude by their captors
in the manner explained in my despatch No. 36, of the 3rd
instant. But whatever reasons induced the officers of the
British Government to sanction these acts, which have never
yet been disapproved of or disavowed, manifestly such a
proceeding on its part has rendered it very difficult for it
now to insist upon the weak governments of newly-founded
States summarily putting a stop to practices which were so
recently, in those very territories, carried on under the sanc
tion and direction of the officers of the British Government,
probably because that Government was not itself able to put
a stop to them.
9. It is also useless peremptorily to require another Gov
ernment to do that in reference to its own subjects which it
has not the power or influence to accomplish. It must either
decline to accede to such demands, or undertake to fulfil
them. In the first case, the Government which made the
demands not only fails in attaining its object, but renders
those who might previously have been favourable to its views
hostile to them, and indisposed any longer to give such aid
as it is in their power to afford towards leading to a gradual
accomplishment of them. In the second case, the Govern
ment making the demand equally fails in its object, and
drives the State with which it is treating, into a career of
deception, which must ultimately prove fatal to any cordial
and faithful alliance between them.
129
10. It happens, in the case of both the Trans-Vaal Re- Enclosure No.
public and the Orange Free State, that the principal tion ofCom*"'
authorities of those countries have exerted themselves, by ™e'ton"us^o"h
public proclamations and declarations, to put an end to the iuly< 1855-,T
1 , . , ., „ , . . i i ¦ t i -Enclosure No.
system which prevails of taking captives, and binding them 2: President
over to a period of involuntary servitude. speech to
1 1. These efforts upon the part of the authorities of those ^olksraadii0rtJ1
countries have been made at their own suggestion, and with- Enclosure No.
out any interference upon our part. Nothing, therefore, in ofvXsraa'df3
reference to these proceedings has been of a nature calculated 1856'
to wound or alarm the prejudices, perhaps vanities, of newly-
started independent states.
12. In the Orange Free State, the President, the principal
public officers and inhabitants, as well as the clergy, are, and
have been for some time, exerting themselves vigorously to
put an end to this system of making captives and disposing
of them. I am quite satisfied that they are honestly and
faithfully trying to attain this end, although they have great
difficulties and strong prejudices to contend against. If I
were now to interfere with them, and to try to dictate any
particular course to them, I fear that I should considerably
weaken their influence in the country, and rather diminish
than increase the chances of their succeeding in the object
which they have in view in common with ourselves.
13. 1 think, therefore, that the duty of Great Britain in
reference to this matter should, for the present, be confined to
doing its utmost to repress such proceedings within its own
territories (to which subject I will again presently allude),
to expressing openly on all fitting occasions its disapprobation
of such proceedings, and its determination not to permit
their continuance ; to encouraging to its utmost those be
nevolent men who are exerting themselves to lead their
countrymen to view such practices with detestation ; and to
making every effort to provide for the education and en
lightenment of those of its subjects whose allegiance it has
renounced ; as I feel sure if but a very small number more of
the inhabitants of the Orange Free State are as highly edu
cated as many of its principal inhabitants now are, that public
opinion would declare itself so strongly and generally against
the practices now complained of, that they Would be brought
to an end, not only there, but also in the Trans- Vaal Republic.
14. On another point connected with this subject, I have
formed opinions which I ought to express. The treaties at
130
present existing between ourselves and the Trans-Vaal Re
public and the Orange Free State amount, in fact, to this :—
That we must enter into no treaties with native tribes ; that
we must allow no native tribes to obtain arms and ammunition;
that we must allow the two republics to obtain such arms
and ammunition as they require. I think that power ought
to be given to me in some measure to modify these treaties,
if a necessity for my so doing arises. In my mind, these
treaties amount on our part to a declaration that we abandon
the coloured races to the mercy ofthe two republics. If, from
a determination to embark in no further operations in South
Africa, we had resolved to remain strictly neutral, I could
understand it. But in this case we do much more than
remain neutral; and if, as is now asserted by many well-in
formed persons, a general combination of the coloured tribes
is being attempted to be formed against us, I fear that these
treaties have naturally had some influence upon the chiefs who
have joined the confederacy. It would be well, I think, to
consider how far such stipulations consist with the honour and
greatness of Great Britain, or at least, whether there are not
many circumstances under which such stipulations ought not
to be maintained.
1 5. I now revert again to the mode in which the British
Government ought to do its utmost to prevent captives, who
have been taken in war and subsequently disposed of, from
being introduced as servants within its own territories in
South Africa, which I am assured is now done.
4-nM°emoe ot°' ^' ^rom tne enclosed copies of opinions from the Attorney-
Attomey-Gen. General of the Cape Colony, and of the legal adviser of the
Crown in Natal, it will be seen that they are both of opinion
that the Slave Trade Acts do not touch this species of traffic.
Should these opinions be thought correct by the law officers
of the Crown, in England, it will be then for Her Majesty's
Government to consider whether the Slave Trade enactments
should be amended, for the purpose of reaching such a
traffic, and if so, to what extent.
17. I, upon my part, will have prepared, for the consider
ation of the Legislature of Natal, and of the Parliament of
the Cape of Good Hope, at its next meeting, a bill for the
purpose of placing in the hands of the Government the
guardianship of all coloured persons who may be introduced
into the colony under the allegation that they have been
" inboeked," or apprenticed ; and providing that such persons
131
may be either placed by the Government, in schools, or may
be apprenticed by the Government, within a distance of five
miles from any town where an efficient machinery has been
created for the purpose of seeing that the terms of appren
ticeship are carried out : provided always that they are not so
apprenticed in that division of the colony into which they
were introduced as servants ; a fine being at the same time
imposed on the introduction of such persons into the colony.
The effect of such a law will, I think, be to prevent altogether
the importation into this colony of persons held in involuntary
servitude. 18. You will see from this exposition of my views, that the
proceedings I would advise Her Majesty's Government to
adopt in this matter are : —
1st, — To do the utmost to prevent captives made in war,
and subsequently disposed of, from being introduced into
British territory, in any form of servitude whatever.
2nd, — To express openly and decidedly, upon all fitting
occasions, its disapprobation of any system by which captives
are, by the laws of neighbouring states, forced into involuntary
servitude, under any pretext whatever.
3rd, — To encourage, by all proper means, those benevolent
men in the neighbouring republics who are so strenuously
exerting themselves to put a stop to such a system.
4th, — To strive to secure the benefits of religious and
moral teaching, for the large number of those recently
British subjects who are so rapidly spreading themselves
through the interior of Southern Africa,
And, lastly, to authorise the High Commissioner either to
abrogate or to modify, from time to time, the treaties now
existing with the republics in our vicinity, if they, on their
part, do not exert themselves to adhere to their engagements
to prevent slavery, or if they use the powers given to them
by those treaties in a manner or for purposes which could
never have been contemplated by Great Britain at the time
they were concluded. I have, &c,
(Signed) G. GREY.
P.S.— Since I have written this despatch, the last of the Enclosure No.
enclosed letters has reached me. This correspondence, 1 am cierkoftne
sorry to say, tells against ourselves and in favour ofthe Orange Peace for a
k 2
132
Orange Free' Free State- Mr- 0rPen, a Clerk °f the Pe£lCe 'n ^at teI""'
smtefiothOct, tory, wrote on the 10th of October, 1855, informing the
cierk'ofthe nearest Clerk of the Peace in this colony that be had been
Fnethe°ctPeert' informed that an inhabitant of the Cape colony had just
EncToInre No Passe(* through the Free State with five coloured children,
6: Mr. orpen' whom he had purchased in the Trans-Vaal Republic, and
SeeKtaryonhi who had there been " inboeked " to him ; adding that if the
wtElprinMe children came into his district he would inquire into the case
Enclosure No. there.
to the'caioniar 2. This letter was never answered, nor was the circum-
Mayfi856.12th stance reported to this Government by its own officer. Mr.
Orpen, receiving no reply to his letter, very properly wrote to
the Colonial Secretary, regarding this case, upon the 16th of
April, 1856 ; that is, six months after his first letter. So far,
all the energy and determination to put a stop to such a system
was on the side of the Orange Free State ; and the fact
of their authorities having acted in this manner proves, I
think, their entire sincerity.
3. It will be found, from Mr. Burnet's letter, that it was
admitted that five coloured children were introduced into the
colony in October last, and that they were orphans taken in
the wars. The explanation given by Mr. Burnet of the
delay which has taken place in this case is very unsatisfactory,
but as he is a really good public officer, I have no doubt that,
upon further inquiry, fuller and more satisfactory explanations
will be given. In the mean time, the whole case shall be
placed in the hands of the Attorney-General. I have, &c,
(Signed) G. GREY,
[Enclosure 1 to Despatch No. 38.]
Proclamation.
I, Marthinus Wessel Pretorius, Commandant-General, having infor
mation that, in contravention of the laws existing here, native children
are exported to other places, do hereby proclaim that the aforesaid
exportation of children, under what pretence soever, is, from this day
forward, prohibited and forbidden by me, in the most positive manner.
And I further proclaim that all persons who have been, are, or may
become, guilty of the above-named transgression of the laws of this
country, are hereby warned and called upon, — first, to bring back the
children already exported ; second, to abstain, from this day forward,
from all infraction of the laws of this country.
133
And I proclaim, further, that should it appear that any person or
persons have been guilty, before or after this proclamation, 6f the afore
said exportation of native children, such parties shall be indicted and
prosecuted, according to law, by the proper authorities, and punished
accordingly. Given under my hand, at Magalies Berg, this 30th day of July, 1855-
God save the Volksraad !
(Signed) M. W. PRETORIUS,
Commandant-General.
[Enclosure 2 to Despatch No. 38.]
In the last paragraph ofthe brief analysis which, in our previous num
ber, we attempted to give of the first 21 sections of President Boshof s
report to the Raad, we mentioned the rather unsatisfactory result of the
inquiries of the Commission of five gentlemen despatched to Buffer's
River, the name of one of whom — Mr. Van Aardt — we inadvertently
omitted. The President confesses himself to have been not a little puz
zled by the discrepancies in the five reports and two journals, made by
the several members, who would seem to have been so variously gifted
in their peculiar faculties of seeing and hearing, as to have arrived at a
strangely harmonious result in their investigations. For our own part,
we have not been favoured with a sight of any of these conflicting docu
ments. The captive children themselves testify that they were taken away by
force from their parents, some of whom were killed in the act of resist
ing that capture. On the other hand, it is declared that several parents
among the natives were, and still are, in such a state of privation and
misery, as voluntarily to part with their children for the merest trifles ;
and that the farmers in Buffels River are in this way so largely supplied
with these little ones, as to be able to part with their superfluity for little
or no value received. One of the Commissioners — Mr. Van Aardt —
brought a little Bushman and a young Kafir away with him, which he
procured from Messrs. Van Rooyen and C. L. Stretch, but whether any,
and what, value was given for thetn, is not stated. The President admits
it to be matter of notoriety that several children are in the possession of
burghers ofthe State, procured, in most instances, from over Vaal River;
and he expresses his regret at the circumstance of three or four of our
burghers having fallen under so stronga suspicion (to use the highest term)
ofthe heavy crimes of child-robbery and murder; and heeoncludes with a
strong declaration of his firm conviction that, provided the law admitted
of full cognizance being taken of crimes committed beyond our boundary
line, the decision of a properly empamielled Free State jury would be
such as to convince the world, that neither the Government nor our
burghers will justify the application of the term slave-dealers to our
inhabitants. The President, in alluding to an announcement published by
Commandant-General Pretorius, in this Gazette of 22nd September last,
declaring it to be illegal to transfer apprenticed or "inboeked" children
to others, expresses his belief that no children have subsequently been
brought into this State, extfept those in possession of Mr. Van Aardt. In
concluding his remarks, His Honour dwells on the necessity there is for
K 3
134
a free state, while abstaining from the contradiction of tolerating the
reality of slavery in any form, to go still farther, and to repel all appear
ance of evil, by the legislature passing a penal enactment to make such
crimes punishable in our courts, even when committed beyond our boun
dary ; a measure which he most earnestly recommends to be entrusted to
to a committee of the Volksraad.
[Enclosure 3 to Despatch No. 38.]
Proceedings of the Honourable Volksraad — (concluded).
On Friday morning, 22nd February, after the several reports of
the members of the Commission appointed to investigate the alleged
kidnapping cases had been read, it was unanimously resolved that four
of the members of the said Commission are not entitled to be allowed
their travelling expenses, for reasons following : —
1. Because, by their mode of procedure throughout said investigation,
instead of fulfilling the duty imposed on them, by carrying out a searching
inquiry into the grave charges brought against certain burghers of the
State, they had suppressed said inquiry at the very point where it should
have commenced.
2. Because the conclusions at which said four members arrived are
not borne out even by their own reports.
3. Because they displayed a determination to thwart the Landdrost of
Winburg, with a spirit of partiality, and a wish to screen the accused
parties. 4. Because one of the said members (without any apparent opposition
from the rest), by himself bringing away two Kafir children from Buffel's
River, openly counterworked the intention of Government, by promoting
what it was their duty to discourage.
5. That the refusal of said four members to draw up a joint report
with the Landdrost of Winburg, without alleging any reason whatever,
still less a valid one, — especially as they evidently acted under collusion
and concert among themselves, — throws the strongest suspicion of inac
curacy, if not of partiality, on their said reports.
Resolved, that £25 for personal expenses, £19 10s. for wagon hire on
said Commission, be allowed to the Landdrost of Winburg.
Resolved, by a majority, that certain expenses, amounting to £7 10s.,
incurred by Mr. Arthur Orpen, on the authority ofthe Landrost of Win
burg, without previous authorization obtained from the Executive Coun
cil, be disallowed.
The Landdrost of Winburg, who had been absent when the above reso
lutions were passed, expressed, on his return to the Council room, his
gratification at his being thought worthy of the remuneration above men
tioned, but declined to accept it, with the exception of his expenses for
wagon hire, and the £7 10s. claimed by his brother.
The chairman, in the name ofthe Raad, thanked Mr. Orpen for his
liberal conduct.
Section 21 contains a statement regarding the result of the inquiries
of a Commission appointed by the Executive State Commission, in
connection with the charges against the Odendaals, sent to Buffel's River,
between the confines of this State and those of Natal, in August last, and
consisting of Landdrost Orpen, Mr. Cauvin, then J P., Mr. Bruwer, and
135
Mr. Bester, who had disagreed on the subject of their inquiries, and sent
in, not — as was intended and expected — a combined, but each a distinct
and varying report, at a total cost to the State of £140.
The further analysis of this section would require more space than we
can this week spare. We must accordingly reserve it, and the substance
of the remaining nine sections of His Honour's voluminous and able
address, for our next week's issue.
[Enclosure 4 to Despatch No. 38.]
Sales of Kidnapped Children.
[Memorandum.]
1. I have read Mr. Acting Crown Prosecutor Meller's letter to His
Excellency, of the 30th October, 1855, and its enclosure.
2. It appears to me that Mr. Meller, who probably had not before him
the 6th and 7th Vic, c. 98, and who relied on Mr. Stewart's note to
Blackstone, has, in some degree, misconceived the operation of that Act.
3. That Act simply extends the operation of the Slave-trade Consoli
dation Act, the 5th Geo. IV, c. 113, passed in 1824. Four sections of
the latter Act have such a general resemblance to each other in their
contents, as somewhat to perplex the reader. But while they do, to some
extent, describe the same things, they yet contain differences which should
not be left unmarked.
Section 2 declares unlawful, in the abstract, all buying, selling, or
dealing in slaves, or persons designated-io be dealt with as slaves. This
section provides no penalty, — it simply declares the unlawfulness. One
effect of declaring this would be, to prevent any right of action being
asserted in any British court by any person whomsoever, British or
Foreign, growing out ofthe slave-trade. Another effect would be, I con
ceive, to make any dealing by a British subject, in contravention of the
clause, punishable as a misdemeanor.
Section 3 repeats a number ofthe provisions of section 2, and provides
a pecuniary penalty in the case of persons offending against them. This
3rd section does not, any more than the 2nd section, restrict its operation
to British subjects, or to other persons who, when offending, were within
the British dominions. But upon principles of international law, this
restriction must be understood. Every nation has a full right to define
actions which its courts shall not try. But no nation is presumed to intend
to bring under its penal laws any person not subject, by birth or residence,
to its legislative authority. Express words, like those used in the Act
passed against Portugal, would be required in order to subvert the com
mon principle, and subject foreigners, or even foreign property, to our
laws. Section 9 is, in terms, confined to subjects of His Majesty, or persons
resident in his dominions. It is further confined to acts done on the
high seas, and in creeks and places where the admiral has jurisdiction.
It makes all slave-dealing by such persons, in such places, piracy, felony,
and robbery, punishable with death.
Section 10 covers pretty nearly the same ground as section 9. But it
is not, in terms, confined to British subjects, or to residents in British
territory ; nor is it confined to slave-dealing on the high seas or within
136
the admiral's jurisdiction. It makes slave-dealing, generally, a felony,
punishable by fourteen years' transportation, or by imprisonment, with
hard labour, for any term not more than five nor less than three years.
This clause must, I conceive, for reasons already given, be restricted to
British subjects and to foreigners resident, when offending, within the
British dominions.
4. The recent Act referred to by Mr. Meller, the 6th and 7th Vict.,
c. 98, begins by reciting the 2nd section of the 5th George IV, c. 113.
Then it recites that British subjects doing such things in foreign countries,
or settlements not belonging to the crown, ought to be punishable as if
they did the same things within the British dominions. And then it
enacts,- in the terms ofthe last recital, that the provisions ofthe 5th Geo.
IV, c. 113, should extend to slave-dealing outside the Queen's dominions,
as fully as to slave-dealing within the Queen's dominions.
5 Geo. 4, c.113. 5. I am unable to discover any clause of the Act of 1824, or of the
6&7Vic4'c0'98' Act of 1833' or of the Act of 1843' which makes the " bareholding
'' ' ' possession of a slave in Her Majesty's dominions" a crime. By the Act
of 1833, no person can be held in slavery within the British dominions.
But this Act nowhere makes the holding in slavery a crime. It would
be a crime impossible to be committed. It appears to me that Mr.
Stewart has here fallen into some inaccuracy of statement, and that he
has misled Mr. Meller. The existing Acts, I think, make criminal the
traffic in slaves, not the bare holding of slaves. This distinction, how
ever, is of small importance, as respects the case of kidnapped children,
since if there be slavery at all in this case, there is slave-traffic.
6. Two points are clear : — 1st. That when a British subject anywhere
in Africa, within or without thejjueen's dominions, traffics in slaves, he
is punishable under the 5th Geo. IV, c. 113. 2nd. That when any
person, British subject or not, traffics in slaves in the Cape Colony or
Natal, he is punishable under the same Actr
7. The difficulty is, to fix what amounts to trafficking in slaves within
the meaning of the 5th Geo. IV, c. 113 ; and it appears to me that this
Act, which was directed, not against slavery, but against the slave-trade,
does not define the offences against it in any way which will meet the
case of kidnapping or purchasing beyond the boundary in order to bring
into the colony or Natal. There runs through the penal clause of the
5th Geo. IV, c 113, with almost tiresome reiteration, the condition that
the slaves or other persons must be bought, sold, carried, shipped, landed,
&c, " in^ order to their being dealt with as slaves." Now, children
acquired in order to be brought into a British possession,, where slavery
cannot exist, ere not acquired in order to their being dealt with as slaves.
Child-stealing, the crimen plagii of the Roman law, is a crime by the
Dutch law as well. But child-stealing is not slave-trading. A man who
should snap up a child in Colesberg in order to have its labour in Swel-
lendam, might commit not merely a trespass but a crime. But that
crime could not be, in any other than a metaphorical sense, a consigning
ofthe child to slavery. If this man had obtained this child beyond the
Orange River or the VaaLthe case would not, I think, be altered. Nor,
if this man, instead of bringing this child to work for himself, had brought
the child in order to get money for it from some other person who would
give money for its work, am I able to perceive that the 5th Geo. IV,
c. 113, would reach him. This money did not and could not buy a
slave. A parent might sell his child to aVarmer, that is, he might bargain
137
to leave the child with a farmer to become his servant in return for a
sum of money. This would be bad, but would not be slave-dealing, either
as regards the father or the farmer.
8. I am fully alive to the danger of such doings. So long ago as 1840,
the subject was brought to my notice ; and in reference to a mitigated
case reported in December of that year by Mr. Berrange, of Graaff-
Reinet, I wrote as follows :— " Mr. Papenfus has stated, with apparent
candour, the circumstances under which he obtained possession of the
child, and they are not such as seem, in a moral point of view, to merit
reprehension. But to countenance such a transaction would lend
directly to establish a slave-trade on our very borders. Whether you
purchase children to impose slavery or to confer freedom upon them, will
be a matter of complete indifference to the parties beyond the boundary,
who are likely tempted to procure, by fair means or foul, the marketable
article. In my opinion, the Clerk of the Peace should never bind a child
to the person who brings it from beyond the boundary, under any cir
cumstances. A true story has been told here, but a false one may be
easily got up, and the only real security against foul play is to deprive
all persons ofthe temptation to practise it." Such views as these, I have,
at all times, given for the guidance ofthe Clerks ofthe Peace.
9. The evil in question, if not capable of being met by taking care
never to bind the child to the bringer-in, or his nominee, or any of his
family, or to any one except some clearly independent parly, would seem,
in my mind, to stand in need of some special legislation, local or imperial.
10. Under the existing law, the criminal act, if any, must be the
original acquisition of the child, or its subsequent removal into the
colony or Natal, or the disposal of it there for valuable consideration.
The acquisition, if preceded by the murder of the parents, or made by
robbery, would be punishable by the British courts only if made by a
British subject. This acquisition and the removal consequent upon it,
if a dealing in slaves, would be punishable by the same courts only in
the case of British subjects. The disposal within the colony, if a dealing
' in slaves, would be punishable by the same courts, no matter what the
national character of the offender. But, as already said, I do not think
that the Act in question falls under the 5th Geo. IV, c. 113.
W. PORTER.
Attorney-General's Office, Cape Town,
17th November, 1855.
[Enclosure 5 to Despatch No. 38.]
[Copy.] Clerk of the Peace Office, Smithfield.
10th October, 1855.
To John Blake, Esq., Clerk of the Peace,
Albert.
Sir, — I have just received credible information that a farmer, named
Christoffel Viljoen passed Winburg on or about the 28th of September
last, on his way to his residence, somewhere on the Orange River, near
Aliwal North, having with him five native children, who, it is said, were
purchased at Leydenburg, in the Trans-Vaal, and there " inboeked." It
beino- contrarv to the colonial law on that head, that such children should
138
remain under the guardianship of the importer, I have thought it well to
make you acquainted with what has come to my knowledge on the subject.
Should the children make their appearance in this vicinity, their case
shall be inquired into here.
I am, &c,
(Signed) F. H. S. ORPEN,
Clerk of the Peace.
[Enclosure 6 to Despatch No. 38.]
Smithfield, 16th April, 1856.
To the Hon'ble the Colonial Secretary,
Cape Town.
Sir, — I have the honour to inform you, that in October last, I
reported to the Clerk of the Peace of this town, that I had heard from
good authority that a man named Christoffel Viljoen was on his way
through this State to the Cape colony, with five native children, whom
he had purchased at Leydenburg, in the Trans-Vaal territory. The
Clerk of the Peace informed me that he would acquaint the Clerk of the
Peace in Burghersdorp with the particulars, so that the case might be
inquired into, should the person succeed in evading the notice of the
officials of this State, and in reaching the colony with his contraband
freight. For certain reasons, I inquired this day of the Clerk of the
Peace here, whether anything had been done in the matter, when I was
informed that he had not received any reply to his letter. At my request
I was allowed to obtain a copy of his letter, which I enclose herein. I
have reason to believe that Christoffel Viljoen did reach his residence in
the district of Albert, with the children, and that if examined he would
not deny having bought them, or having bespoken them several months
before receiving them. I have, &c,
CHARLES SIRR ORPEN.
[Enclosure 7 to Despatch No. 38.]
Letter (Confidential) to Mr. J. Burnett, of Aliwal North, May 2, 1856.
Resident Magistrate's Office, Aliwal North,
12th May, 1856.
The Hon'ble the Colonial Secretary,
Cape Town.
Herewith Sir, — I have the honour to acknowledge the receipt of your letter of
returned. the 2nd instant, marked " confidential," with the enclosures, relating to
the purchase of children by Christoffel Viljoen, of this district, in the
Trans-Vaal territory.
Mr. Viljoen resides about six miles from Aliwal North, but he is at
present gone to Graaff-Reinet on a visit, from which he is expected to
return in about a fortnight. In the meantime, I avail myself of all
139
the particulars of the case which are known to me, to give the following
statement for His Excellency's information, until Viljoen returns.
On my arrival from Bloemfontein in November last, I received a
letter from the Clerk of the Peace, Mr. Blake, requesting me to make
inquiry into this matter, in consequence of Mr. Orpen's representation ;
and communicate the result to him. I immediately made application to
Mr. Jacob Venter, the Field-cornet of Viljoen ; and found that the
latter had recently returned home from the Trans-Vaal country ; and that
he had, the day after his arrival, reported to him, that he had brought
five young native orphans, indentured by the Landdrost of Leydenberg,
to be brought up by him as apprentices, and that he was anxious to
obtain their indentures to be legalised in the colony. I told Mr. Venter
that it would be necessary to produce the children and the contracts to the
Clerk of the Peace, without delay ; but that I was proceeding to
Burghersdorp in a few days, and would on my return inform him what
he would be required to do. At Burghersdorp, I personally explained
to Mr. Blake the whole circumstances, when he instructed me to desire
Viljoen to bring the children and indentures to Burghersdorp, when he
would proceed in the matter as he deemed requisite. I communicated this
to Viljoen, gave him the report of his Field-cornet to me, to produce to
the Clerk of the Peace, along with his own documents ; when he said
he would produce the whole as soon as possible. I believe this was about
the 27th of November ; and Mr. Blake left for Richmond soon after,
possibly before Viljoen had an opportunity of going ; whicli circumstance,
coupled with Mr. Cole's subsequent illness, may possibly account for
the Clerk of the Peace of Smithfield receiving no answer to his letter
from Mr. Blake.
Such are substantially the particulars, as known, of the facts ofthe case.
Field-cornet Venter represented Viljoen as a good, kind, simple-minded
man, who had concealed nothing of the transaction ; so that whatever
may have been the cause of his delaying to go to the Clerk ofthe Peace,
I entertain no doubt he will produce all the documents, and state the
whole of the circumstances under which he acquired the children, with
out prevarication. I recollect bim informing me that these children were
orphans, taken in the wars, and which had been indentured by the
Landdrosts of the Trans-Vaal country, and that he had obtained them
through means of family relations settled there.
I have, &c,
JOHN BURNETT,
Resident Magistrate.
Minutes of an Inquiry instituted by the Clerk ofthe Peace and the
Resident Magistrate of Albert, into a complaint made against
Christoffel Viljoen, a farmer residing in the Albert division, of hav
ing brought into the colony five orphan children, who are stated to
have been purchased by him from certain boers iu the Trans-Vaal
country. Court House, Burghersdorp, 20th May, 1856.
Mr. C. Viljoen appeared, and stated :— In the month of August, 1855,
I left Leydenberg, in the Trans-Vaal country. I brought five orphan
140
children of the tribe of Mapousa, named August, July, Flora, Jannetje,
and Stuurman. I obtained these children from different persons in the
Trans-Vaal country. These children had been indentured to the parties
from whom I got them, and they were transferred to me for the term of
the indentures. As to the manner in which these children have been
obtained, I am aware that when the native tribes fight, the children of
the slain are brought to the Landdrost, J. de Klerck ; lots are then
drawn for these children, and the Landdrost apprentices the latter to the
respective masters. I do not know whether the Landdrost receives any
bounty for the children ; the Kafirs who bring them do not receive any
thing. I was there when some orphan children were brought into Ley
denberg. So far from wishing to conceal that I had brought these
children into the colony, I reported that fact to my field-cornet, Jacob
Venter, the day after my arrival at my farm, as his letter, marked A, will
show. After my return home, I was ill and could not leave my bed, and
when I got well, and would have come to the village, I heard that the
Clerk ofthe Peace was from home. One of the children, named Stuur
man, was either stolen on the 3rd of February, 1856, or else ran away.
I made a report of the circumstance to my field-cornet, Jacob Venter.
At the time, he was about seven years of age.
(Signed) C. S. VILJOEN.
Note. — The four children referred to in the foregoing statement and
who were produced by Mr. Viljoen at the office, were severally questioned
as to the treatment they receive at Mr. Viljoen's, and they expressed
themselves perfectly satisfied and happy. We would therefore recom
mend that they be indentured to Mr. Viljoen, according to the law under
that head made and provided. (Signed) E. M. COLE,
Resident Magistrate, Albert.
(Signed) JOHN BLAKE,
Clerk of the Peace, Albert.
A true copy : John Blake, C. P.
Translation of the letter, marked A, in the foregoing memoranda, dated
Vaalkop, 11th October, 1855.
To the Resident Magistrate Aliwal North.
Sir,— I beg to inform you that Stoffel Viljoen gave me notice that he
had brought five orphan children from beyond the Free Slate ; he came
home on the 10th of October, and sent me word on the 11th.
I have, &c,
(Signed) J. VENTER,
. - Field-cornet.
A correct translation : John Blake
141 28.
Governor Sir George Grey to the Right Hon'ble
H. Labouchere, M. P.
[No. 54.] Government House, Cape Town,
7th June, 1856.
Sir, — Adverting to my despatch, No. 32, of the 24th
April, in which I enclosed for your information the copy of a ?np°essu;jee^0'
letter from the President of the Free State, regarding the Boshof s letter
relations of that territory and Moshesh,-^-I have now the ienCy^ nth6 "
honour to enclose the copy of another letter from President Ma^ 185a
Boshof, upon the same subject.
2. From this you will learn that Moshesh had addressed a
very friendly letter to him. I have had a very trustworthy
person sent to Moshesh, and I am satisfied that the intentions
of that chief are, for the present, quite pacific. The expe
dition against the chief Witse has, I understand, terminated
satisfactorily ; all immediate danger of disturbance in the
quarter of the Free State has thus, I hope, now passed away.
3. I also enclose the report of a debate which took place Enclosure No.
in the colonial Parliament, regarding the propriety, or the from n/wspa-
contrary, of that body requesting me to proceed, without Aer^foth
delay, to the frontier, for the purpose of mediating between
Moshesh and the Free State.
4. Irrespective of what the Cape of Good Hope Parliament
might wish me to do as Governor of the colony, it may some
times be quite necessary, for the good of Her Majesty's ser
vice, that I should interfere for the purpose of preventing
wars from breaking out on our borders, which will, most
probably, have the effect of inciting the Kafir tribes to make
a war upon us, the cost of which Great Britain would at
present have to defray.
5. Whilst, therefore, you may rely upon my never un
necessarily interfering, directly or indirectly, in disputes be
yond our borders, I thought it right, as you will see from the
enclosed copy of my letter, to say, in general terms, to the Enclosure No.
^resident ofthe Free State, that Her Majesty still felt so rsse. une'
deep an interest in the welfare of a territory which had so
recently formed a part of her dominions, that I trusted he
would not hesitate to address me upon any future occasion of
threatened danger, that I might ascertain whether it would
142
be consistent with my duty to be in any way useful to the
Free State. I have, &c,
(Signed) G. GREY.
[Enclosure 1 to Despatch No. 54.]
Government Office, Orange Free State, Bloemfontein,
May 11, 1856.
To His Excellency Sir George Grey, K.C.B.,
Governor of the colony of the Cape of Good Hope.
Sir, — Having just returned from the Upper Sand River, where the
commando against Witzie assembled, I think it right to inform Your
Excellency, that on my way thither I received a letter from Moshesh
addressed to the landdrost of Winburg, dated 26th April (and of which
I annex a copy), brought by the chief Isaia, and two of Moshesh's
younger sons, one of whom, together with Isaia, has gone on with the
commando, with the intention of endeavouring to persuade Witzie to
come to terms, and of preventing Matella, a neighbouring chief under
Moshesh, from interfering in the dispute. From all I have been enabled
to ascertain, it would appear that Moshesh has given orders to all his
subordinate chiefs to keep quiet, and not to molest our frontiers. It now
appears that on the part of at least some of these chiefs, there was a
disposition to assist Witzie, probably owing to a malicious report, cir
culated through some of the Cape newspapers, to the effect that our
intention was first to attack one of the chiefs subject to the Basuto chief,
with 500 men, and afterwards to fall upon Moshesh himself, with 3,000
men. Such reports, so gratuitously made and thoughtlessly circulated,
are calculated, when brought under the notice of the native tribes, to give
rise to most serious consequences. Our farmers have gone into " laagers,"
and keep patrols constantly going on our frontiers, but nothing tending
to lead us to apprehend hostilities from the direction of the Basuto
territories has as yet transpired.
Our commando is expected to be by this time in Witzie's Hoek, and I
am in hopes of learning the result in a few days.
I have, &c,
J. BOSHOF,
President Orange Free State.
[Enclosure 2 to Despatch No. 54.]
Thaba Bosigo, 26th April, 1856.
To J. Orpen, Esq., Landdrost, Winburg.
Sir, — I am asked by the chief Moshesh to inform you, that after re
ceiving the letter of His Honour the President, his missionary being
absent, the chief sent one of his sons to Bloemfontein to explain his views
to the President, on some subjects mentioned in his letter. The son of
Moshesh left, but finding the river full, and unwell, went to some of his
143
relatives, from where he sent to ask to write to the President the message
of which he was the bearer. But the chief being now unaware if His
Honour is in Bloemfontein, or if he is going to Witzie, asks of you, sir,
to have the kindness to make known to His Honour what was the
message he wished to send him.
Moshesh regrets that his letter caused some displeasure to the Presi
dent. It was not his intention to bring forth the question of the limits,
but by what he was told about the Land Commission he understood that
it was to fix the limits. Therefore he felt anxious about what could
happen, if such a thing was done before having spoken together on the
subject, that the matter might be well understood. But now he feels re
assured, as His Honour the President has let him know that the Land
Commission were sent only to settle limits between some farms.
For what concerns Witzie's affairs, Moshesh is in the same opinion as
he was before. He has done what was in his power, to decide Witzie's
people to restore to the farmers all what they have stolen from them. If
Witzie will not do what is right, the chief shall not put the blame on the
farmers for using hard measures to do themselves justice. Moshesh has
warned his people to keep quiet, and to have nothing to do with Witzie's
people. But the effusion of blood is always a very serious matter, there
fore Moshesh would be glad if, before shedding blood, another attempt
could be done to bring Witzie's people to make reparation for their
wrongs. If the farmers have no objection, Moshesh says that he would send a
man (I suppose the bearer of this), to accompany them to Witzie, to be
witness of what will happen, and also to be there in case of want. But
be as it may, Moshesh begs of the President to let him know the result
ofthe affair. His real desire is, that order should be re-established and
that peace be restored. The chief begs to be kindly remembered to
you, sir. For Moshesh, (Signed) J. MUITIN, V.D.M.
True copy : J. Cameron, Jun.
[Enclosure 3 to Despatch No. 54.]
Cape Town, 7th June, 1856.
The President, Orange Free State.
Sir, — I have the honour to acknowledge the receipt of your two
letters ofthe 7th of April and 11th of May, upon the subject of your
communications with the chief Moshesh, and the expedition which had
been undertaken against the chief Witzie.
2. It had given me great pleasure to learn, from other sources, that
these affairs had terminated in a manner which I think must be satisfac
tory to you.
3. The Queen of England still feels so deep an interest in the welfare
of a territory which has so recently formed a part of Her Majesty's
dominions, that I trust you will not hesitate to address me upon any
occasion of threatened danger, if you think it may be in my power to be
144
useful to you, in order that I may ascertain if it may be consistent with
my duty to meet your wishes. I have, &c,
(Signed) G. GREY.
29.
Governor Sir George Grey to the Right-Hon'ble
H. Labouchere, M.P.
[No. 55.] Government House, Cape Town,
7th June, 1856.
Sir, — I have the honour to transmit the copy of a des-
i:Mr. sar- ' patch which I have received from the Lieutenant-Governor
I"? cVpe of1' 0I" Natal, upon the subject of a notice stated to have been
?is°mS°1856 'ssuec' ^y the Postmaster-General in England, to the effect
' that letters for Natal would henceforth only be transmitted by
vessels proceeding to Natal, unless specially addressed to be
sent by a vessel sailing to the Cape of Good Hope.
Enclosure No. 2. I also enclose the copy of a letter which the Colonial
to Col. Sec.s<of Secretary of this colony has, by my directions, addressed to
Jtme1 isse1 ^e government of Natal on this subject.
1 beg, therefore, that henceforth letters may be sent to
Natal via the Cape, as heretofore, as we have now a direct
postal communication with that colony. I have, &c,
(Signed) G. GREY.
[Enclosure 2 to Despatch No. 55.)
Colonial Office, Cape of Good Hope,
6th June, 1856.
The Hon'ble the Colonial Secretary, Natal.
Sir, — I am directed by His Excellency the Governor to acknowledge
the receipt of your letter of the 31st March, No. 15, upon the subject
ofthe postal communication between Natal and England.
His Excellency desires me to acquaint you, for the information of
His Honour the Lieutenant-Governor, that the notice to which you
make reference could not have resulted from any official communication
received from this colony, and he hopes that the report which he is
making on the subject will prevent the inconvenience which you appear
to anticipate, by causing letters to be forwarded, as heretofore, via the
Cape of Good Hope.
With regard to the payment to be made to this colony, on account of
mails transhipped here, to and from Natal, an Act passed during the
last session of the Parliament of the colony will enable His Excellency
to make such arrangements as shall be found to be equitable. And the
Government of Natal will have it in its power to provide for such
payment in the manner which it shall consider most expedient, either
by defraying the amount out of the general revenue, or by adding a
corresponding charge to the postage on the letters received or delivered
within that colony. I have, &c,
(Signed) RAWSON W. RAWSON,
Colonial Secretary.
30.
Governor Sir George Grey to the Right Hon'ble
H. Labouchere, M.P.
[No. 87.] Graham's Town, 27th August, 1856.
Sir, — In my despatch No. 8, of the 5th of February last,
I called your attention to the state of the large body of Hot
tentots who had taken part in the rebellion of 1851 and 1852,
and who are located on the north-east bank ofthe Kei; and I
pointed out that the great difficulty in the way of my granting
a pardon to these people, was my apprehension that, by so
doing, I might offend the feelings of a portion of the European
population, and thus be the means of rousing the prejudices of
race. 2. Some ofthe members ofthe House of Assembly seeing
my , difficulties in this respect, with great good feeling on
their part, caused to be proposed an address to me, which
was carried, requesting me to grant a pardon, on such con- .
ditions as I might think fit, to the rebel Hottentots.
3. I have therefore now felt it to be alike consistent with
the interests of Her Majesty's service and with the feelings of
at least the great majority of Her Majesty's subjects in this
country, that I should issue the proclamation, a copy of Enclosure:
which is enclosed, granting a pardon to all persons engaged wThA^isse.
in the rebellion of 1851 and 1852, fettering this pardon with
the sole condition that they should not, until permitted to do
so, return to either of the divisions of Albany or Fort Beau
fort ; and I hope that very happy effects will follow the adop
tion of this act of clemency. I have, Sec,
(Signed) G. GREY.
146
[Enclosure to Despatch No. 87.]
Proclamation by His Excellency Sir George Grey, Knight Com
mander of the Most Honourable Order of the Bath, Governor and
Commander-in-Chief of Her Majesty's Colony of the Cape of Good
Hope in South Africa, and of the Territories and Dependencies
thereof, and Vice-Admiral of the same, and Her Majesty's High
Commissioner, &c, &c.
Whereas it has been represented to me that a large number of Hotten
tots who were implicated in the late wicked rebellion are now living
beyond the Kei, in a state of great misery and wretchedness ; and whereas
some of them, unable longer to bear the sufferings they have under
gone, have recently thrown themselves upon the mercy of the Govern
ment; and whereas Her Most Gracious Majesty has invested me with
the power of pardon in criminal offences, and the Honourable the House
of Assembly of this colony have, by a respectful address, requested me
to grant a pardon, on such conditions as I may think fit, to all or any of
the rebel Hottentots who may be disposed to avail themselves of Such an
act of clemency ; and whereas the recent conclusion of a peace, by which
tranquillity has been restored to Europe, affords one of those happy occa
sions on which it has pleased the Queen, in reference to other of Her
Majesty's subjects, to exercise her high prerogative of mercy, and it is
the duty of Her Majesty's representative in this colony to take care, as
far as in his power lies, that Her Majesty's benevolence and mercy should
be felt even in the remotest portions of her dominions : I do hereby pro
claim and make known to all persons who were implicated in the rebel
lion of 1851 and 1852, as aforesaid, that a pardon is assured to them,
upon the sole condition that they do not enter the divisions of Albany and
Fort Beaufort, and that they are henceforth free to resort to all other
portions of Her Majesty's dominions, in the same manner as any other
of Her Majesty's subjects.
god save the queen !
Given under the Public Seal of the Settlement at the Cape of Good
Hope, this 14th day of August 1856.
GEORGE GREY,
Governor and High Commissioner.
By Command of His Excellency the Governor,
RAWSON W. RAWSON,
Colonial Secretary.
31
Governor Sir George Grey to the Right Hon'ble
H. Labouchere, M.P., &c, &c, &c.
[No. 18.] King William's Town, 23rd Sept., 1856.
Sir, — I have the honour to acknowledge the receipt of
your despatch, No. 62, ofthe 16th of May last, in which you
transmit, for my information, a report from the Land and
Emigration Commissioners, dated the 26th April, 1856,
147
reporting unfavourably upon certain arrangements which I had
sanctioned for the disposal of public lands in the colony of Natal.
2. At present I think it necessary only to advert to three
points in that report : —
1st. The supposition of the Land and Emigration Com
missioners that I had not made myself acquainted with what
had previously been done in reference to Crown lands in Natal,
2d. To their statement that successive Governors had tried
plans similar to that which 1 had proposed, and that these
had uniformly resulted in disappointment.
3d. To their statement that I was apparently in error in
stating that a plan similar to that which I proposed for Natal
had been already introduced into the Cape colony, with the
entire approval of Her Majesty's government.
3. On the first of these points I have to report that
before I ventured to make any suggestions regarding the
lands of Natal, I had not only carefully studied the con
tents of the Parliamentary papers which the Commissioners
bring under my notice, but I ascertained what had been
done in reference to the lands of Natal on the spot, from the
persons who had been employed in carrying out the arrange-
mentswhich had beenmade,and from the personswho had been
subjected to these arrangements. I, therefore, carefully, and to
the best of my ability, made myself acquaint! d with the subject.
4. On the second point, I should state that the Com
missioners have fallen into a mistake from not seeing one very
important difference in what I have recommended and what
has been done before. For example, — Sir Harry Smith did,
in fact, grant farms on quitrents ; but this was only to former
land claimants. Their claims being satisfied, the Crown
lands still undisposed of were left subject to the previous
regulations, that is, they could only be bought at a very high
upset price. Hence, although two land-claimant boers each
got a farm in satisfaction of their chiims, they could never
hope that, when their children intermarried, and the young
couples started in life, they could ever acquire farms for
themselves (the great object of a boer's ambition), at such
a high upset price. The boers would, therefore, probably
sell their own farms for anything they could get for them,
and trek off with their families to new countries, where they
could readily acquire farms for themselves, and where their
children, in their turn, could as readily attain the same object.
5. This was the end I proposed to accomplish, — not to
l 2
148
satisfy land claimants, and then shut the remaining lands up,
but to open the Crown lands, with few exceptions, to all
comers, under a system understood by the people of the coun
try, and in accordance with their feelings, habits, and customs.
6. Upon the third point I can only report that Her Ma
jesty's government distinctly authorised the late Sir George
Cathcart to dispose of the frontier lands, of this colony under
such a system as I have stated.
7. I entertain no doubt that many errors will, in practice,
be discovered in the system I have proposed for Natal ; but
these could, readily, from time to time, be remedied by the
local government of that colony. I will lose no time in
putting myself in communication with Lieutenant-Governor
Scott before I make any final report on this subject.
I have, &c,
(Signed) G. GREY.
32.
Governor Sir George Grey to the Right Hon'ble
H. Labouchere, fVl.P.
[No. 97.] King William's Town, 3rd October, 1856.
Sir, — In order that you may be able to form an idea of
the distress at present prevailing amongst some of the Kafir
tribes, from the disease amongst horned stock, called lung-
Enciosure No. sickness, I herewith enclose a return showing the comparative
Casualties.0 number of cattle lost by some Kafirs out of their entire stock.
Enclosure No- 2. I also enclose the copy of a letter from Mr. Scott, a
to Mr?Ay°iff, vei7 intelligent merchant of this place, which shows that
25thSePt.,i856. about 130,000 hides, believed to be principally those of
cattle which had died from lung-sickness, have been exported
from this province since the appearance of that disease,
although previously the article of hides had only formed a very
inconsiderable article of export.
3. In addition to the hides so exported, quantities of hides
are purchased in other parts of Kaffraria, and are sent over
land to Algoa Bay : large numbers of hides are also, upon
account of distance from market, or from other causes, made,
use of by Kafirs themselves or thrown away. The return
enclosed in Mr. Scott's letter only serves, therefore, as a means
of conveying an idea of the magnitude of the total loss
which the Kafirs have sustained.
149
4. It should always be remembered, however, that this loss
has as yet only fallen with full force on certain districts, as
other parts of the country have been almost entirely free from
lung-sickness. In these latter districts the people are still well
I have, &c,
(Signed) G. GREY.
P.S. — Since I wrote the above despatch, the enclosed letter Enclosure No.
from one of the mission stations in British Kaffraria has to sir g. Grey!
reached me, from which you will learn with great regret that oetl^issi."1
in some parts of this country the distress is now so great
that there is reason to fear that some, children are already
dying of want. Every effort shall be made by the govern
ment to relieve this impending distress by all legitimate means.
Indeed, 1 had yesterday, before receiving the enclosed intelli
gence, which has just reached me, ordered that a supply of
seed corn should be sent to the very district from which this
letter comes- I have, &c,
(Signed) G. GREY.
[Enclosure 1 to Despatch No. 97.]
Return showing number of Cattle which have died from Lung-
sickness, belonging to the undermentioned Chiefs : —
Dilima, . . . . . . . . about 60 out of 70
*Pato,
*Basi, all dead,
Paku,
Xaku, Klaas, all dead,
Cobus Congo,
*Vaso,
Stock, all dead,
Sandilli, his son,
Piet Congo, all dead,
Kasani, all dead,
Those marked thus * are not to be depended upon at all ; and in
all, the desire of a Kafir not to let his cattle be counted or their number
known must be considered.
200
ft
2
))
25
130
J)
150
9
130
))
150
60
J7
70
110
10
20
20
[Enclosure 2 to Despatch No. 97.]
King William's Town, 25th September, 1856.
Jno. Ayliff, Esq.
Dear Sir, — Agreeable to my promise, I enclose a memorandum of
the probable number of cattle that have died, or been killed from supersti
tion. I find, on referring to my books, that an inconsiderable number
of hides had been made an article of export from East London previous
l3
150
to the breaking out of the sickness, and the number, on that account, may
be slightly exaggerated.
I may here mention that this estimate will not correspond with the
customs at East London, as large quantities of hides were sent to
Graham's Town, and thence to Algoa Bay.
The number would also be enlarged by the fact that large numbers of
hides were thrown away, it being punishable for any one to sell the hides
of cattle that died of this sickness. There is at present large quantiiies
of hides lying beyond the Kei, waiting transport, which at present cannot
be viewed as forming any part of this calculation.
I remain, &c,
WALTER SCOTT.
Memorandum of Hides purchased by Mr. Walter Scott, at King
William's Town and East London, from 1st January, 1854, to 31st
August, 1856, viz :
1,303,000 lbs. hides, value J14,100.
Supposing this to be one-third of the whole purchased during the
above stated time, the result would be :
3,909,000 lbs. hides, value £42,300 ;
and allowing 30 lbs. to be the average weight of each hide, the number
would be 130,300 hides.
[Enclosure No. 3 to Despatch No. 97.]
Peelton, 3rd Oct., 1856.
To His Excellency Sir George Grey, K. C. B., Governor, High
Commissioner, &c, &c, &c.
May it please Your Excellency, — As the subject is not official business,
I trust that I shall be pardoned for thus addressing Your Excellency
directly, and not through the ordinary channel.
The report which Your Excellency heard concerning groups of Kafir
women returning from the Fingoes without obtaining food, I am sorry to
say is too true. Several such parties have been seen by my people, and
spoken with, who have been unsucccessful, or who have only obtained to
a small extent.
Your Excellency will form an idea of the already sad state of some of
the people, by the following, which are here currently related as facts.
The first is, that a child of a man professing to be, and regarded as,
a Gogo, or prophet, riot many miles from this, in the Xroon, has died of
want. It is said the man did not plant last year, and his cattle are killed.
In the same Xroon, but a short distance from this, a child fainted
from hunger : a little milk was obtained from a neighbour, by which the
child was restored. This caused great complaint against their prophet.
Women were beating their breasts, and exclaiming " Verily, Umhlakoza
is killing our children."
I am sorry to add, that I fear their seed has been destroyed to a very
great extent. It will be a matter worthy of Your Excellency's con
sideration, whether or not a little seed should be distributed, say not
more than one quart at a time to one person, and that only when it can be
ascertained that it is used for that purpose. In former years of scarcity,
I have, by such means, administered large relief by small means.
151
Should the famine become so great as to need Your Excellency's
assistance to be extended, it has occurred tome that these out-schools,
now in formation, might be the means of extending relief to the young,
by some arrangement to cook a given quantity daily for the children in
attendance. Your Excellency will be gratified to learn some of my people, having
oxen, have promised to plough for those teachers who are to go into
Kafirland, that they may go at once, and without anxiety about their
families' supply.
Should it yet be Your Excellency's wish to visit us on the Sabbath,
our services are, school 9 o'clock, first service 11 o'clock, second school
2 o'clock or half-past 2 o'clock, second service one hour after.
I have, &c,
RICHARD BIRT.
33.
Governor Sir George Grey to the Right Hon.
H. Labouchere, M.P.
[No. 102.] Cape Town, 18th October, 1856.
Sir, — I have the honour to forward the following report
upon the present state of the province of British Kaffraria,
which I have written with a view of furnishing information
upon several points, regarding which you have proposed
questions to me, or regarding which I cannot discover that
sufficient information has ever been sent to your department.
2. This province is bounded on its north-east or inland
side by the Amatola range of mountains, the highest peak of
which is about 4000 feet high. This range runs nearly parallel
to the sea, at a distance of about fifty miles from it. Inland
of this range are high open grassy plains, at present unin
habited, extending far inland and forming no part of the
province of British Kaffraria,— the limit of that province being
the highest ridge of the Amatola mountains.
3. The seaward side of the range is intersected by deep,
rocky kloofs, clothed with forests of large trees, in which
many rivers rise. These kloofs open, even in the mountain
range, into wide and fertile valleys.
4>. From the base of the range an undulating country,
sometimes rising into high ridges, falls away to the sea,
which is cut through in some places by rocky kloofs con
taining forests. The country is generally clothed with rich
grass, covered with clumps and woods of mimosa bushes. It
is in 'every direction traversed by rivers or small streams.
152
It is separated from the colony, on the western side, by the
Keiskamma River, which rises in the Amatola range, and
runs between the colony and British Kaffraria to the sea.
Immediately on the right bank of the Keiskamma, a narrow
line of scattered colonists has been located. In their rear,
and between them and the main body of the colonists, large
tribes of Fingoes have been heaped together in locations
containing many thousand souls. It is separated from
Kaffraria Proper, on the eastern side, by the Kei (distant
from the Keiskamma about 60 miles), which likewise rises in
the Amatola mountains. A small part of British Kaffraria
stretches along the Kei into the colony. But the boundaries
I have above roughly stated are sufficiently accurate for this
report. 5. From the foregoing description of British Kaffraria, it
will be seen that although it is only a narrow strip of country,
of very limited extent (containing not more than 3,050
square miles), it is yet fertile, well watered, and richly
grassed ; and, therefore, capable of supporting a very dense
population, and a large amount of stock. From these cha
racteristics spring the great majority of results which will be
explained in this report.
ElstgLonStab' ^' ^he European population in British Kaffraria, exclusive
don 1848 of the military, consists of but 1200 souls, 626 of whom are
FZtMurrayi848 the inhabitants of the capital, — King William's Town, and
KlHoeakinT853 ^'le remainder are scattered through the five villages named
Dohne 1853 in the margin, and were located at these villages at the dates
i:nce°nsus of°' indicated. An enclosure shows the number of Europeans
population wno nave gathered round the several military posts.
7 Throughout Kaffraria, the natives live along the ridges
and slopes of the hills which bound the courses of the streams,
in collections of huts, termed kraals. The huts are shaped
like a bee- hive, built with a framework of poles, then plas
tered with cow-dung, and thatched all over with grass. They
are about six or seven feet high, with a diameter of from
fourteen to eighteen feet. They are inhabited generally by
the family sprung from one wife, as well as by some of her
relations, consisting, in the whole, on the average, of about
four or five souls
8. The number of huts composing a kraal or village, varies
exceedingly, but the average number of inhabitants in each
kraal, including men, women, and children, is about twenty
or twenty-five. The average number of cattle attached in
153
ordinary times to a kraal is about one head of cattle for each
human being. Each tribe resides in this manner in a separate
district of country, under its own hereditary chief, although
they are occasionally intermarried.
9. The most numerous of their tribes consists of upwards
of 17,000 souls, the weakest of about 800 ; the total number
of tribes in British Kaffraria is 14 ; the average strength of
each tribe is at least 5,500 souls. The entire number of
adult males, capable of bearing arms, must be upwards of
sixteen thousand, a considerable proportion of whom are
armed with firearms, the remainder with assegais.
10. Each tribe is governed by an hereditary chief, who is
assisted in all public matters by a certain number of hereditary
counsellors. All cases of importance are heard and decided
by the chief and some of his counsellors, who impose a fine
(almost invariably so many head of cattle and horses) upon
the party to whom they attribute guilt. The fine is levied by
the proper officers, and upon its being brought to the chief's
kraal, these are first paid from the fine for levying it ; the
chief then takes such portion as he pleases for himself, dis
tributing a part of this amongst the counsellors who heard
the case ; the remaining portion of the fine, in a private case,
is handed over to the complainant, who shares his portion
amongst those of his friends who assisted him in the conduct
of the case, the collection of the evidence, &c. All persons
who are members of the tribe, are regarded as the absolute
property of the chief. Hence, in all cases of murder or acts
of violence committed on the person, the whole fine imposed
and levied in the first instance, is taken by the chief, although
he again gives a share of this to his counsellors.
11 The fines thus taken for the administration (as it may
be termed) of justice constitute a very large part of the
revenue of the chief; and as the counsellors generally only
remain for a few weeks about the person of the chief, being
then succeeded by others, the same fines enable him also to
maintain about him at all times a certain retinue of atten
dants, to whom the same system of fining becomes a source
of considerable profit, as it is also to all the petty officers
employed under the Kafir system of polity.
12. The alleged offence of witchcraft (a public crime)
subjects a person found guilty of it to torture and death, and
the' total confiscation of his property. No sooner, therefore,
does a person grow rich, than he is almost certain to be
154
accused of this offence,, and is, at least, stripped of all he
possesses. 13. The Kafir tribes, as a whole, are under the direction
of one hereditary paramount chief, Kreli, who issues, on cer
tain subjects, his orders to them, and who they regard as their
paramount ruler This chief resides out of our territories in
Kaffraria Proper — owes us no allegiance, and in no way
recognises our authority.
14 Each tribe inhabits a separate district of country,
called here a location. As I have already stated, their kraals
or villages are placed along the grassy ridges and slopes of
the hills which bound the courses of the streams. The
country is very rich in grass, and carries a very large pro
portion of stock, compared with its extent ; hence, it is densely
inhabited (the proportion of inhabitants is, in some places,
32 souls for every square mile), and several kraals are nearly
always in sight of each other ; and the war-cry being raised
at any of them, spreads from one to the other on every side
with wonderful rapidity, and soon reaches the extremities of
Kafirland, — so that continuous streams of warriors, led by
their proper petty chiefs, coming from great distances, soon
hurry from various directions towards any point which has
been indicated in the alarm which was raised,
15. These warriors are also generally found ready to take
the field at a moment's notice. For the greater part of the
year they lounge idly about their kraals throughout the day,
their pursuits being principally pastoral, varied by occasional
hunting parties in their own immediate neighbourhood, or
dances on such occasions as weddings, &c. The men milk
the cattle, enclose their cultivations and cattle kraals, and
build the frames of their houses. The women thatch the
houses, collect the firewood, and perform the principal part
of the field work. In the months of September, October,
November, and the early part of December, the ground is
cultivated, and the harvest is gathered in at the latter end of
February and the beginning of March. They rarely, or
never, wander with their cattle from place to place, the
pasturage around each kraal being amply sufficient for their
wants. At present, they confine their attention to horned
stock, horses, goats, and poultry.
16. Each watercourse, or rather the group of kraals in the
country on each side ofthe watercourse, is under the authority
of an hereditary petty chief or headman, and each such group
155
of kraals is again broken up into minor subdivisions, which
are placed under hereditary chiefs of a still more subordinate
rank. All their petty chiefs act under the orders of the
principal chief from whom they derive their authority, and
any remuneration which they receive in the form of fees, paid
in cattle, horses, goats, and assegais.
17. It will thus be seen that each location of a chief
contains, in point of fact, a standing army, properly officered,
maintained in a certain state of discipline, ready to take, the
field at a moment's notice, and subject to the direction of
an hereditary chief, who is assisted in all his decisions by
hereditary counsellors, a number of whom are always in
attendance upon him. The system of organization is com
plete ; the position of the hereditary counsellors, of the
numerous hereditary petty chiefs, all depends upon the
authority of the principal chief being supported : a system,
in the efficient maintenance of which so large a number of
persons are interested, and which is, moreover, interwoven
with all the customs of the people, and supported by super
stition, and by that veneration which long antiquity always
commands, is very difficult to shake or overthrow.
18. The total coloured population of British Kaffraria con
sists of at least 90,000 souls, thus divided : —
Kafirs -Gaikas, . . . . 38,000
Tslambies, . . . . 39,000
„ Galekas, . . . . 5,000
Fingoes, 8,000
90,0000
19. So capable is the country of supporting a large popu
lation that, excluding for the present from our consideration
the Fingoes who are located in the Royal Reserve, which
contains 600 square miles, the whole ofthe Kafir population f:nMap!reNo'
are contained in nine locations, containing, in the whole, only
2450 square miles, and yet that extent of country would carry
a much larger population ; and the Kafirs, instead of decreas
ing in the presence ofthe white man, are now increasing, and
will in a few years fill up the country they occupy.
20. British Kaffraria thus presents a small extent of territory,
inhabited by 90,000 souls, a larger proportion of whom than
amongst European races are trained to war, capable of bearing
arms and well armed, who are in a perfect state of organiza
tion, ready to take the field at a moment's notice, fond of
war, and practised in that art by numerous campaigns.
156
21. For the present, I exclude from consideration Kaffraria
Proper, which lies beyond British Kaffraria, and is the
residence of the hereditary chief of the Kafir tribes, although
the same description applies to it. Its inhabitants have only
to cross a river to join their fellows in any war upon the
Enclosure No. colony of the Cape of Good Hope. The population of
Gaikfa'nd °f Kaffraria Proper is more numerous than that of British
T'siambie Kaffraria, although its people are less bold and determined
as enemies. It may be sufficient here to state, that if all the
Kafir tribes who are now under the influence of Kreli, the
paramount chief, join in a war, they can bring 35,000
warriors into the field. In this number no reference is made
to Faku, Moshesh, &c.
22. Turning now to the colony of the Cape of Good
surveyor-Gen. Hope, it is 217,700 square miles in extent, that is 71 times
BiueBookfor larger than British Kaffraria, yet it contains but 248,625
1854' inhabitants (only 109,921 of whom are Europeans), many
of whom are not trained to arms, and whose organization is
very imperfect. 1 think that it is hopeless to expect that, a
population in this state, numbering, in the whole, less than
250,000 souls, scattered over an extent of country seventy-
one times' larger than British Kaffraria (in the proportion of
notone-third of a person to a square mile) could, if unaided, suc
cessfully defend themselves against such a race as the Kafirs,
who can in a few hours bring their whole well trained and
completely organized force to bear upon any point they like.
Their irresistible numbers must, in the first rush of such an
onset, carry everything before them. In order that the
population of the colony of the Cape of Good Hope, regard
being had to extent of territory, may be placed upon a numer
ical equality with that of British Kaffraria alone, it must be
increased from 248,000 to six and a half million souls. When
the scattered farmers of the colony lived in a country abound
ing with game, when every man was a huntsman, a practised
horseman and shot, when the natives knew not the use of fire
arms, and were ignorant of the European method of carrying
on war, the unaided colonists could hold their ground. Now
that game has almost disappeared from the colony, that the
Kafir is as well armed as the colonist, and far more practised
in the art of war, I feel satisfied that no one who dispasion-
ately considers the conditions of the problem presented to
him, will arrive at the conclusion that the colonists are at
present, or can for a long time be, in a condition to provide
for their own defence-
157
23. If this problem was complicated by a statement of the
large numbers of Fingoes, in instances nearly as barbarous
as the Kafirs, who are collected in masses on the borders of
the colony, its solution would appear still more hopeless.
24. Having thus reviewed the general relation in which, in
point of territory, numbers, disposition, and organization of
the population, British Kaffraria and the Cape colony stand
towards each other, I will briefly state the system wliich has
recently been pursued in reference to the Kafir population.
25. It has been seen that in each location lived one or
more haughty hereditary chiefs, surrounded by their own
counsellors and retainers, administering such laws as they
thought proper, each maintaining a large standing militia,
entirely under their own orders and control, well armed, in
a state of perfect organization, ready to take the field at a
moment's notice, in the immediate vicinity of a scattered and
comparatively very small European population, whose pro
perty was a constant source of excitement to their cupidity.
A large force, recently, averaging six thousand men, has been
maintained here by Great Britain, to protect these scattered
European settlers from their barbarous neighbours. These
British troops have been stationed either within the colony,
to defend the border, or in British Kaffraria, in the vicinity
of the chiefs' locations, to keep their followers out of a large
tract of territory (forming one-fifth of the whole of British
Kaffraria), called the Royal Reserve, which, as being a Kafir
stronghold, we did not choose they should occupy, on account
of the difficulty we should have had in driving them out of it
in the event of another war. No more difficult task can
be found than that of keeping large bodies of uncivilized
men out of a vast unoccupied mountainous country, which
they claim as their own, and to which they are fondly
attached. 26. The territories occupied by Kafirs, and termed locations,
the chiefs are said to hold as a conquered people (although
it is admitted that they have never been conquered or sub
dued) ; that is, their lands are held only during pleasure.
The Crown takes whatever tracts of country it requires for
forts, and requires the people on such tracts to move— (the
size of each such tract is a circle with a diameter of four
miles). The Crown also assumes all lands it requires for
roads (reserving such breadth as it pleases on each side of
the road, — in the instance of one road, 60 miles long, two
158
miles has been reserved upon each side of it) ; or for quarries
orfor other public purposes. TheCrown gives toprivate persona
licences to quarry or cut timber on the land occupied by any
chiefs and their followers. The chief can give no such
licence. Thus, throughout British Kaffraria, the native has
no recognised right or interest in the soil. There was no tie
whatever in this respect between the chief and the govern
ment. On their own hereditary lands the Kafirs were strangers,
to be required at any time to move from the most cherished
spot, without any reason for their being required to do so
being assigned. So little power had a chief over his own
location, that no Europeans, with the exception of missionaries
(if they obtained the permission of the government to do so),
were allowed to reside in these locations, even for the pur
poses of commerce or trade. At each of two of the mission
stations a trader had been allowed to settle.
27. There was no bond of union between the Kafir chiefs
and the government. They, isolated with their retainers, lived
secluded in their territories, kept down by au armed force
watching every movement they made in what were once their
hereditary dominions.
28. So complete was this system of isolation from Euro
peans, that, at the few points where the Kafirs were permitted
to trade, no person was allowed to buy anything from a
Kafir for the purpose of selling it again, unless he had taken
out an annual licence, for which he paid twenty pounds.
Thus the trifling trade that was allowed was a monopoly.
29. Generally, a Kafir who wished to sell hides, horns,
corn, or other produce, had first to carry it through a country
without roads, for a distance of frequently from twenty to
thirty miles, often more, — then to sell it to a person who had
the monopoly of the trade, and finally, to carry back the
same distance as he had come, the goods for which he had
exchanged his original burthen. It may be questioned
whether a country in a high state of civilization would not
sink into a state of semi-barbarism, if it were subjected, by
force, to such a system for even a few years.
30. The only medium of communication between the
Government and the Kafir tribes were two commissioners,
one for the Gaika tribes, one for the T'Slambie tribes,
who arranged disputes which arose between Europeans and
natives, and inquired into cases of robberies or outrages
which »ccurred upon roads running through native countries,
159
carrying out such cases through the chiefs, simply using such
influence over them as could be exercised by argument and
persuasion. 31. These cases related chiefly to cattle and horses which
were stolen, and the law which regulated the recovery of
these, was as follows : — The spoor, when traced into a loca
tion, was shown to the inhabitants ofthe nearest kraal, who
were bound to trace it on ; if they did not, the chief was
applied to, and was required to make the inhabitants of the
kraal give, as compensation, double the amount of stock lost ;
which, from the inferior nature of the Kafir cattle, hardly
paid for the stock that had been stolen.
32. If the spoor was carried on by the people of the first
kraal, as soon as they had traced it on to another kraal, it
was carried on by the people of that place, — and thus it was
taken from kraal to kraal, until the place the stolen stock
had been taken to was discovered. The inhabitants of that
kraal were then required to give cattle in compensation.
The chief, in levying the compensation, takes much more
than he restores, retaining the residue as his own fee, and as
those of his several officers.
33 I think it is impossible to consider carefully such a
state of things as I have above described, without coming to
the conclusion that a powerful, thoroughly organised, and
military nation as the Kafirs are, must, if left in such a con
dition, be expected every few years to break out into war ;
and it is certain that, until the colony of the Cape of Good
Hope contains an infinitely denser population than it does at
present, it cannot protect itself against such a war.
34. The best hope that presents itself to my mind for the
future, is that of adopting the Kafir system of polity into our
own. That is, instead of leaving them as something beyond
and distinct from the Government, attempting to make every
chief of importance look to the Government for his remuner
ation, and requiring them to carry on those duties of magis
trates, police, &c, which they exercise at present under the
direction of British officers. In this manner, the Government
may, by degrees, gain a hold over every part of British
Kaffraria. It may improve the tenure on which the chiefs
and people hold their lands, and give them a vested interest
in the soil. It may greatly increase their facilities for trade,
whilst, by availing itself of the complete system of organiza
tion which already exists, the Government may make the
160
Kafir system a part ofthe government of the country, with
which the whole ofthe native chiefs may, by degrees, become
so interwoven that they will, in fact, be, as it were, incor
porated or adopted into the Government, of which they will
form a necessary and important part.
35. I hope that the chiefs of every rank, finding that they
are thus directly connected with the Government, by benefits
which they can all feel and appreciate (instead of being abso
lutely isolated from it, and having nothing to thank it for, as
hitherto), may, by degrees, become attached to a Government,
of which they form so large and influential a portion.
36. If such a result can be arrived at with the tribes of
British Kaffraria, they will then form a barrier against the
tribes beyond our limits. The great difficulty in carrying
out these changes, and in rendering them permanent, is the
danger constantly existing that war may again break out
before the Kafirs, as a nation, have fully understood and
appreciated the benefits which are being conferred upon them.
37. But even if such an untoward event does take place, I
still think that the only hope for the future is a steady return
to the same principles, the moment that such a war has been
effectually crushed.
38. So impressed have I been with the belief that the de
velopment of this policy presented the only hope of, by
degrees, putting an end to the evils which have for so many
years afflicted this frontier, that 1 have never ceased to labour
towards this end, and at the present time, in so far as British
Kaffraria is concerned, every chief has consented to exert
himself to bring about such a change as I have proposed ;
every chief is, therefore, at the present time acting under
the direction of the Government, and as a recognised agent
of the Government But there is still this difficulty . in the
way, that the admitted paramount chief of nil Kaffraria
resides beyond our limits, in no way recognises our authority,
and is, 1 fear, inclined to throw every obstacle in the way of
changes, which he regards with jealousy.
39. In fact, Kreli longs for war. He has hitherto never
suffered by wars, in which he takes no part, and all the evils
of which fall on the tribes of British Kaffraria, who are in
front, whilst the greater part of the booty invariably becomes
his, as it is sent to the rear for safety.
40. Kreli has, hitherto, always escaped real punishment,
for his territories lie so far from the colony, that to carry the
161
war there is so lone; and expensive an operation, that every
one has shrunk from entering upon it, on such a scale as
would have enabled us to derive any permanent benefit from
such an undertaking. I have, &c,
(Signed)
G. GREY.
[Enclosure 1 to Despatch No. 102.]
British Kaffeaeia. — Census of European Population, exclusive of
Military.
STATIONS.
Men.
Women.
Children.
Total
souls.
Boys.
Girls.
King "William's Town . .
Keiskamma Hoek
Fort Hare
208 30 65
6
20 068
53
13
11
12 4
8
33 1
3
126 6
.7 1
5
9 1
22 '
1
1
5
4
443 1
153 7
11 2
982 1
324
7 1
4
139 5
13 7
52 1
22 1"
5
325
626 *2>rJi 4
22 1016 4
4
„ White
» Grey
Cabousie-neck Post . . .
Middle Drift
Mission Stations, viz. :
Mount Coke
Total
361 63
182 25
214 20
192 16
949 124
Total
424
207
234
208
1073
JOHN MACLEAN,
Chief Commissioner.
18th October, 1856.
M
162
[Enclosure 2 to Despatch No. 102.]
Resident Magistrate's Office, King William's Town,
/¦»«¦ \ 4th October, 1856.
(Memorandum.) '
The census return of the white population in British Kaffraria was
taken at the close of the war, after which several traders and others,
followers of the army, who were then residing here, went away. This
will account for the decrease at King William's Town of 137 souls
between the return of 1853 and the present one. There may be a dis
crepancy in the detailed numbers of the outposts, as shewn in the return
of 1853 and the numbers now there ; but I think there are over 300
souls at the outposts, and in round numbers the European population iu
British Kaffraria exceeds 1,000 souls. >
RICHARD TAYLOR,
Resident Magistrate.
[Enclosure 3 to Despatch No. 102.]
(Memorandum.) Census of the Gaika and Hlambi Tribes, 1848.
1. The Hlambi census, as nearly as possible correct, for the time, eight
years ago, since which time they have much increased.
2. The Gaika census was not accurate, the tribe had not at that time
returned after the war. It was, therefore, at that time much below the
real number ofthe tribe. Since that date they have much increased.
3. Every wife (undivorced, and with husband living) has, on an
average, at any given moment, two children under age. Now, as at the
said given moment, many wives have borne none, or one only, and as
many have children grown up, and reckoned among the adults, the race
is evidently prolific ; and if to this is added that every Kafir marries,
and that children- become early of age, males, say sixteen to eighteen
years, and females, from puberty, say from thirteen to fifteen years, -^-it
is evident that the race is increasing by no means slowly.
4. The children at any given moment come very near the adults —
Kafirs, Crown Reserve, Peddie Fingoes,
1848. 1854. 1853.
Adults 100 100 100 •
Children 93-5 87-4 81-2
N.B. The adults in the Peddie census include all above sixteen,
and probably girls under that age : considerations similar to those ad
duced in par. 1, together with this, that some of the adults are of the
second generation back, lead to a similar conclusion.
In the Kafir census, deaths of the male adults during the war of
1846 — 47 may be thought to account for the high average of the Kafir
children. But among savages, children suffer most from journeyings,
and first from starvation ; neither among them is production likely to be
so frequent during war time. These, therefore, partially at least, coun
terbalance the male adult deaths, and the Fingo censuses cannot be said
to be affected by this source of error.
5. In the United States, to 100 adult males, there are 161 children ;
in Ireland, when the population was stated to be increasing, but not
rapidly, the proportion was 100 to 141. Among the Kafirs, in 1848, it
was 100 to 224-7. Now, even if this be accounted as partly the
163
result of war, and if the counterbalance noticed above be considered a
very partial one, still, considering that the numbers of the children are
lowered, and those of the adults increased by the absorption of children
into the ranks of the adults before their time, the proportion of children
will still be high, unless a loss of men be allowed much greater than
probability^will allow us to assume.
Again, though the women in the Crown Reserve are fewer than usual,
owing probably to its population being an emigrant one, the proportion
in 1854 was 100 adult males to 179*9 children, and at Peddie (census
1853), it was 100 to 187-7. Lastly, at the mission stations in British
Kaffraria, partly included in Crown Reserve census, where the females
present the usual high proportion to the males, but where, for some
reason, the children are few, the proportions are, —
Male adults 100, children under 147— 148 9.
6. The£apparent proportion of male to female births is nearly even.
Hlambies, Gaikas, Crown Reserve, Peddie.
1848. 1848. 1854.
Boys ... .100 100 100 100
Girls 95-1 92-0 89-3 100-3
(91 excluding orphans.)
But the proportion of adult females greatly exceeds the adult males, —
Men. Women. Women (less maids.)
Hlambis 100 134-9 126-4
Gaikas 100 147-2 125-7
Crown Reserve 100 100
Miss. Station, British
Kaffraria 100 122-7
Peddie Fingoes 100 130-6 117-7
This is to be accounted for, partly by the early age at which girls be
come marriageable and are married. The absorption from the girls is
quicker than from the boys ; the proportion of girls is therefore lessened,
and the proportion of adult females proportionally increased. As female
children, also, being saleable articles, are more looked after and better
fed, there is, perhaps, legs mortality among them Allowing, then,
that some of this preponderance of adult females is owing, as in civilized
countries, to the greater average longevity of women (though this is not
necessarily or always the case among savages), still we see that the
females are born in due proportion to the males, and that, at puberty,
there is a large excess. This promotes early marriages, — allows both
the polygamist and young man to marry, and prevents so great pro
miscuous intercourse as to impair the fertility of the female. Taken also
with par. 3, it shows more clearly what increases there must be.
N.B.— Ratio of inhabitants to" kraals, Hlambi District, 1848 :—
Kraal. Men. Wives. Widows- Maids. Boys. Girls. Total souls.
1 3-74 3-69 102 0-32 4-44 4.22 17-42
4-71 8-66
There is no such difference between the Fingoes and Kafirs as to
prevent the conclusions from a census of the one being applied to the
other ; but I have used the Fingo census rather as testing and proving
the accuracy of the other.
JOHN MACLEAN,
Chief Commissioner.
M 2
Census of the Gaika District — 1848.
No.
Name.
Place of abode.
Men.
Wives.
Si ^3
la
Children.
Widows
Orphans.
No. of
so als-.
Persons in the
colony.
Property. 1
Boys.
Girls.
Boys.
Girls.
Horses.
Cattle.
1
Sandilli
Burn's Hill.
3264
3057
581
2886
2863
1070
599
595
14915
681
629
10583
2
Tebe ..
Tyumie ....
939
947
348
1012
879
281
270
191
4867
237
302
4559
3
Macomo
„ ....
429
413
106
419
354
149
102
94
2066
268
179
2034
4
Botman
,, ....
320
298
78
301
232
108
57
61
1455
212
61
1194
5
Tola . . .
Peuleui ....
406
311
52
277
226
120
48
47
1487
152
63
1276
6
Sonto . .
Xalawa ....
170
122-
22
122
101
.60
34
41
672
48
46
584
7
Tatzoe .
Buffalo River
356
320
76
366
267
141
89
102
1717
53
108
1960
Total
5884
5468
1263
5383
4922
1929
1199
1131
27179
1651
1388
22190
OS
JOHN MACLEAN, Chief Commissioner.
Census of the Hlambib District — 1848.
g
Location.
No. of
kraal.
No. of
Men.
No. of
Wives.
No. of unmarried Females.
Children.
No of
Widows.
Orphans.
No. of
souls.
Property. ;
CO
Boys.
Girls.
Boys.
Girls.
Horses.
Cattle.
570581 387 160122 152 47
2059 1848
1600 591 487746 191
2089 1839164S 530476695 183
158 97 6985
41
173 22
2383 1989
1682 642443669 180
2104 19091620 579438590 191
614408434 181141
223 56
275 191
202
8466
136 27
336
246226 8169
110 27
10,018 8,527
7,481
2,7732,1613,342 877
164140
457 6767
258 14
8,2447,336
11,648 2,596 1,833
3,479 840
Pato's and Cobus Congo's .
Stock's
Tabai's
Total
2019
7522
7460
645
7988
7431
2057
981
1095
35,179
1167
35,976
JOHN MACLEAN, Chief Commissioner.
Note —The census of 1848 was as accurately taken as circumstances permitted, so soon after hostilities; but the following
m'-i ~r\A,^ mwe correct estimate, viz :— Hlambie and Gaika Tribes, 70,000; Tambookies, 70,000; Kreili's or Amagaleka
Inbe, 70,000 ; total, 210,000, Number of warriors estimated at 35,000. JOHN MACLEAN, Chief Commissioner.
C5
166
The Hlambie census as nearly as possible correct for the time, eight
years ago, since which time they have much increased.
The Gaika census was not accurate ; the tribe had not at that time
returned after the war. It was therefore at the time much below the real
number ofthe tribe Since that date they have much increased.
JOHN MACLEAN, Chief Commissioner.
Fort Murray, 4th October, 1856.
34.
Governor Sir George Grey to the Right Hon'ble
H. Labouchere, M.P., &c, &c.
[No. 104.] Government House, Cape Town,
18th October, 1856.
Sir, — In a despatch which I this day addressed to you, I
alluded to the large hordes of still barbarous tribes who have
been collected within the colony, on its immediate frontier,
and who have been massed together in locations by them
selves, where they have been left under little or no control,
and I called attention to the great difficulty which this cause
created in dealing with the affairs of British Kaffraria, and of
the frontier of this colony.
Enclosure 2- 2. I have now the honour to transmit copies of two letters
Mr. shepstone which have just reached me, which illustrate the nature of
Governor, 24th the difficulty I was alluding to.
Sept., 1886. 3 prom thege Jetterg it wiU be found that Jn the twQ J0(ja.
.tions to which they relate, on our immediate border, more
than 7000 Fingoes are massed together, and that the
ordinary officers of government are quite insufficient for the
management of these people.
4. The same circumstances as are disclosed in these letters
are repeated over and over again, in slightly varied forms, in
all the Fingo locations. Gradually, provision is being made
for the management of these people, for promoting their
advancement in the arts of civilized life, and for giving titles
to their lands to them. But the very number of the Fingoes,
the dense masses in which they have been heaped together,
and the hurried manner in which this was done, will neces
sarily render the final and complete adjustment of the ques
tions which have arisen from this state of things a very long
and laborious task. I have, &c,
(Signed) G. GREY.
167
[Enclosure 1 to Despatch No. 104.]
Queenstown, 22nd September, 1856.
W. G. B. Shbpstone, Esq., Civil Commissioner,
Queen's Town.
Sir, — In accordance with with your instructions, under date the 21st
July last, directing me to collect the quitrents from the natives residing
in the Oxkraal and Kamastone locations, I have the honour to state that
I have been twice to Kamastone, and once to the Oxkraal, on this duty.
— that I have collected .£202 10s., and been promised payment, within
a short date, of some j£50 more.
I consider it my duty to report to you that since my visit in Decem
ber last to these locations, collecting statistics for the annual blue-book,
I observe a very marked difference in the natives. They express them
selves much dissatisfied with the treatment they have received from
Government, and an idea prevails that Government feels no interest in
them, much strengthened in their minds from the fact that there is no
person on the spot to look to the interests of the original proprietors and
keep the location in order.
A great number of strangers are, from time to time, settling in the
location, much to the annoyance of the original holders of the ground,
several of whom wish to leave the location on this account; others of
the old inhabitants expressed an earnest desire to receive titles to their
lands, and wished to know if there was any probability of titles being
issued to them, that they might be enabled to keep out all intruders, and
make improvements. Many of them, I found, fully understand the
nature of titles to land, and are very anxious to obtain them.
There are some 7,000 souls, or more, in these locations (which adjoin),
without any overseer whatever. Several petty fights have lately taken
place, and the subject ofthe government of these locations is becoming a
matter of great anxiety to all the neighbouring farmers, as well as to the
well-disposed ofthe old residents. The appointment of a superintendent
would be most pleasing to the farmers, who now have to ride 40 miles
to prefer a complaint against any of these people. More quitrent has
been received this year than in any other year since last war, but the
arrears, even this year, if collected, would more than pay a superinten
dent's salary.
Trusting'that you will not think that I am overstepping my duties in
penning these lines, I have, &c,
R. W. H. GIDDY,
Clerk to Civil Commissioner.
[Enclosure 2 to Despatch No. 104.]
Civil Commissioner's Office, Queenstown,
24th September, 1856.
R. Southey, Esq., Secretary to Government,
King William's Town.
Sir,— I have the honour to forward, for the information of His Honour
the Lieutenant-Governor, copy of a report from Mr. Giddy on the
present state of the Fingo locations in this division, and I regret to say
168
that the state of these Fingoes, as representee _, .uai officer, is but too
true ; and Mr. Giddy's remarks on the appointment of a superintendent,
with their feelings on the non-appointmentof such an officer, are quite correct.
The inconvenience felt by these people, and by Europeans, from the
want of such an officer, can only be conceived by those who have been
placed in similar circumstances.
I have, more than once, brought this matter to the notice of Govern
ment, but I have, perhaps, never mentioned that my time is often occu
pied with them till late hours of an evening, on matters which might
easily have been settled by a superintendent amongst them, but upon
which these people have had to travel thirty miles and more to a place
where they can obtain little or no accommodation.
A superintendent would also greatly check the interlopers from coming
in, as he would be on the spot, and see and hear for himself; whereas
now the chiefs encourage it, and the people who suffer are afraid to report
the circumstances, to do which they would have to travel a great distance.
Mr. Giddy has, I think, shown that no extra expense would accrue to
the Government by appointing an overseer. I have long felt the
responsibility of a mass of natives left, as these people are, under no
direct surveillance, and I sincerely trust that it may soon meet with some
consideration, with a view of remedying the evil.
If the Government cannot, at present, do anything further than
authorise Mr. Giddy's proceeding, at stated periods, through these loca
tions, and settling all matters, which otherwise cause much inconvenience,
trouble, and annoyance among themselves, it would be a public benefit
to the division, and the expense very inconsiderable, compared with the
satisfaction it would secure. I have, &c,
W. G. B. SHEPSTONE,
Civil Commissioner.
35.
Governor Sir George Grey to the Right Hon'ble
H. Labouchere, M. P., &c. &c.
[No. 6.J Government House, Cape Town,
19th January, 1857.
Sir,— In reply to your despatch, No. 105, of the 12th
Enclosure: of October last, I have the honour to submit an estimate, in
ISKaf- detail, of the probable revenue and expenditure of Kaffraria,
fraria, 1857. aDd countries beyond the colony of the Cape of Good Hope,
for the current year. I beg, however, to state that the esti
mate of probable expenditure, although I hope and believe it
will prove correct, must be regarded as one which it may be
found absolutely necessary to exceed.
2. The estimate is based upon the supposition that the
cost of the government of British Kaffraria, and of the ex
penses necessarily connected with the native tribes beyond
169
our borders, will, for the year 1857, amount to rather more
than £60,000. This sum must, I think, be regarded as pro
portionately small, when it is considered that the population
of British Kaffraria alone amounts to at least 95,000 souls,
composed of races most difficult to govern and control, and
that there are several hundred thousand natives immediately
beyond our border (which is a mere stream, passable at very
many points), who necessarily entail considerable expense and
trouble upon us. The proportionate annual expenditure of
the Cape colony is much larger, — a population of about
250,000 souls, there, involving an expenditure of £329,565
(three hundred and twenty-nine thousand five hundred and
sixty-five pounds). Calculating the expenditure of British
Kaffraria alone, at the same rate proportionately to the popu
lation, it would amount to £1 10,000 (one hundred and ten
thousand pounds) per annum. 1 may also mention that, for
the protection of the Cape border, the police forc<> alone costs
more than £40,000 (forty' thousand pounds), — that is, more
than two-thirds of the whole expenditure proposed in the
enclosed estimate.
3. In order to meet this estimated expenditure I propose,
by now promulgating the Letters Patent which have
been issued for this purpose, to obtain for British Kaffraria
the Customs duties levied at the port of East London, which
hitherto have been collected chiefly at Cape Town and Port
Elizabeth. The estimated revenue will then stand thus : —
Inland Revenue, £7,000 0 0
Customs Duties, 14,000 0 0
Parliamentary Grant, . . . . 40,000 0 0
Total estimated Revenue of Kaffraria, £61,000 0 0
4. I hope that this amount of revenue will suffice to meet
the necessary expenditure, and I think that such will be the
case : but it must be remembered that from the recent pro
ceedings of the fanatical party in Kaffraria, acting under the
directions of a prophet, who enjoined them to slaughter all
their cattle and other live-stock, and to refrain from
cultivating the ground, by which his followers have left, them
selves almost entirely without the means of subsistence, and
from the conjoint operation of the lung-sickness amongst
horned stock, by which those who were not believers in the
prophet have lost the greater part of their cattle, which are
their principal means of subsistence, — this colony will be
170
shortly pressed upon by whole nations almost in a state of
starvation, who can only be kept in check, and out of our
territories, by our, to some extent, organizing and retaining in
pay as a police, some of those who inhabit the country upon
our immediate borders, and by affording to others of the
same class the means of employment, by which they may
save themselves from perishing by want. Unless this course,
which has had an unexpectedly great amount of success,
be adhered to, anarchy, rapine, and a barbarian war of the
worst character must ensue, — if even, indeed, it can be kept
off by the measures now in operation.
5. Some will probably say that the inhabitants ofthe colony
of the Cape of Good Hope should protect their own frontier
from such dangers. But I have shown in my despatch No.
102, ofthe 18th October, 1856, that it is quite impossible for
them to do this.
6. The Colonial Parliament has shown very great liberality
in providing a mounted police, at a cost of upwards of £40,000
. per annum, for the purpose of aiding in the protection of
the frontier, by providing large sums annually for the ad
vancement of the Fingo race in the arts of civilised life.
It has also passed a burgher law, by which every male in
habitant of the colony capable of bearing arms is compelled
to serve within the limits of the division he inhabits.
7. They have, in short, fully provided for the maintenance
of peace and good order within their own territories and
amongst the various populations subjected to their laws ; and
have further provided a force which would be of very great
utility in a war with an enemy beyond their limits, and which
would even protect their frontier against an ordinary foe.
8. But they are not able to do more. They cannot protect
themselves any more than any other isolated portion of our
empire can, against invasion from powerful foreign princes, —
the whole of the existing relations with whom have been con
ducted, and are still carried on, by the Imperial Government.
9. I had hope during the ensuing year, that the revenue
from Kaffraria would have been so large that at least some
portion of the annual grant of £40,000 could have been
dispensed with ; and this would undoubtedly have been the
case if the deaths of cattle from lung-sickness and the whole
sale destruction of live-stock and food, under the injunctions
of the prophet, had not annihilated all that portion of the
revenue which might have been derived from fines of cattle,
171
and so impoverished the people and deranged the financial
affairs of the country, as to disappoint all expectations which
had been formed.
10. Great progress has, however, been made recently in
preparing the way for the future development of the resources
of the country. The natives have to a great extent been
practised in the use of the ruder European implements used in
their cultivations, and have been habituated to regular work.
They have, in our pay, and organised by us, completely
opened up their country by roads made by their own hands,
so that the greater part of it can now be traversed by a
military force in any direction. They have been taught
to resort to us for medical relief, — no less than 5,020 patients
having been relieved at our hospital during the last year ; and
by no means can their barbarous superstitions be more suc
cessfully destroyed, than by teaching them the absurdity of
the modes of cure resorted to by their witch-doctors. Ex
tensive missions with industrial schools have been established
along our border, in British Kaffraria and beyond our border,
which must in a few years produce, by instruction and Christian
training, a great effect upon the interior populations of the
country. In British Kaffraria, also, a system of village police
has been established, much on the plan of that which has been
adopted in those parts of India where the native population
has proved most troublesome. Had it not been for this police,
at the present moment of distress and starvation, it would have
been impossible to have moved in safety in any part of Kaffraria.
11. Without following, in. detail, all the measures which
have been adopted, it may be sufficient to say, in reviewing
the last two years, that whereas at their commencement the
loyalty of a great part of the Fingo population, numbering
about 40,000 souls, was most doubtful, they have now so
entirely been won over, that I believe no one entertains the
least doubt of their fidelity ; that, notwithstanding the lung
sickness, the excitement caused by the prophet, the intrigues
of Kreli and other chiefs, the great and general discontent
amongst the Kafirs and Tambookies, regarding the tracts of
land of which they were deprived during the last war, and
many additional circumstances of great and particular diffi
culty, — we have succeeded, up to this time in warding off
a war, and have continued hitherto, month by month, to gain
over a greater number of the natives to British interests, and
to a desire for peace, and a continuance of those friendly rela-
172
tions with us, from which they now see they are likely to gain
such great advantages.
12. Undoubtedly, all this could not have been accomplished
w ithout the presence of the strong force which we have had
upon the frontier ; but, again, the presence of that force alone
would not have accomplished it, nor would, from this cause
alone, any provision have been made for the future, which
could have held out any hope of such a change in the relations
existing between the Government and the Kafir tribes, as
might ultimately lead to a considerable diminution of the
military force. In short, what has been done, could only have
been accomplished by the presence of a large force, combined
with other measures of a political nature for bringing the
native population under the control ofthe Government.
13. I would also add that, not only have the measures
pursued, as yet, saved Great Britian from a large Kafir war
expenditure, but they have accomplished a very large
reduction in the extraordinary military expenditure. For
instance, the whoh; of our present Kafir regular police and
village police are provided for in the enclosed estimate. Up
to the year 1854, more than twelve thousand pounds per
annum was defrayed from the military chest upon account
of the Kafir police, besides large sums to the officers and
men of levies of different kinds, many of whom were natives.
In like manner, considerable sums were paid from the Com
missariat chest for military roads, and for other like services,
the whole of which are now borne upon the enclosed estimates,
so that I believe that if all these .charges could be taken out
of the military expenditure and collected under one head, it
would be found that the present arrangements are a source of
saving, not of additional expense to the Government.
14. It only remains for me to add that the extended desti
tution now existing amongst the native tribes renders the
present moment one of peculiar difficulty, to meet whicli
may require unusual measures, and a larger expenditure than
has been estimated for. Every effort shall be made to avoid
this; but I am satisfied that Her Majesty's Government will
feel that this is not the time to make any change in measures
which are working so well, and which have stood the rude
and wholly unlooked for shocks and trials to which they have
been subjected. I should also state that with a country
circumstanced as this is, and pressed upon by such great
difficulties, it may be found necessary, from day to day, to
173
vary the expenditure, retrenching under one or more heads
of expenditure, and spending sums not estimated for upon
new kinds of expenditure, or increased amounts upon those
already included in the estimates. But although the proba
bility of my being obliged to do this is thus stated, Her
Majesty's Governiiient may rely upon every practicable effort
being made to adhere as closely as possible to the enclosed
estimates, ¥1 have, &c,
(Signed) G. GREY.
[Enclosure to Despatch No. 6.]
Estimate of the probable Revenue of British Kaffraria for the
Year 1857.
Customs Dues £14000 0 0
Surveyor-Gen.'s Department :
Fees on Title Deeds J200 0 0
Sale of Erven 1300 0 0
1500 0 0
Magistrate, King William's
Town :
Land Revenue 608 0 0
Licences 1140 0 0
Transfer Dues.. . • 400 0 0
Auction Dues 200 0 0
Fines and Fees 110 0 0
Postage Stamps 400 0 0
v 2858 0 o
East London :
Land Revenue 7 0 0
Transfer Dues 50 0 0
Auction Dues 25 0 0
Fines and Fees 20 0 0
102 0 0
Crown Reserve:
Hut Tax 910 0 0
Licences 500 0 0
Land Rent 40 0 0
— 1450 0 0
Middle Drift:
Licences 58 0 0
58 0 0
Tamacha :
Licences 237 0 0
237 0 0
Total £20205 0 0
(Signed) JOHN AYLIFF, Auditor.
Audit Office, King William's Town,
5th January, 1857.
174
Abstract of the probable Expenditure of British Kaffraria for
the Year 1857.
Establishments :
Salaries £26430 11 8
Allowances 3500 16 9|
Contingencies 1393 0 0
5 -£31324 8 5g
Exclusive of Establishments :
Public Works on which Kafirs
are employed as labourers 19650 0 0
Industrial and Educational Na
tive Establishments 4385 0 0
Pensions to Natives 360 0 0
Native Hospital, assumed ex
pense for native patients 500 0 0
Travelling, miscellaneous, and
unforeseen expenses 4000 0 0
29195 0 0
Total £60519 8 5£
(Signed) JOHN AYLIFF, Auditor.
Audit Office, King William's Town,
5th January, 1857.
36.
Governor Sir George Grey to the Right Hon'ble
H. Labouchere, M.P., &c, &c.
[No. 22.J Government House, Cape Town,
13th February, 1857.
Sir, - In your despatch, No. 35, of the 3rd of March last,
a letter was enclosed from Lieutenant-Governor Pine, dated
the 22nd of February last, in which it was stated that a report
I had forwarded to your department upon the 3rd of Decem
ber, 1855, was, in some respects, inaccurate.
2. The Lieut.-Governor in that letter states that 1 am
wrong in saying that certain instructions were issued by him
to Mr. Shepstone immediately before he left Natal, as they
had been given long previously ; and the Lieut.-Governor
adds, that after giving these instructions, he lost no time in
proceeding to the Cape, to communicate the fact to me.
3. I think that the Lieutenant-Governor, from not having
access to documents in England, must have forgotten the
facts of the case, but as I am unwilling you should think I
175
had fallen into any inaccuracy, I have called for a copy of
the Lieutenant-Governor's instructions to Mr. Shepstone, as
also for the latter gentleman's explanation regarding what
took place. These are herewith enclosed.
4. I have only to add that I never heard of these instruc
tions until Mr. Shepstone brought them under my notice in
Natal ; and that, as will be seen from my despatch No. 13, of
June 9, 1855, written immediately before the Lieutenant-
Governor sailed from this place for England, I was then, as
well as during the long time he had been waiting at the Cape
for a passage to England, under the full impression that he
was here on his way home on leave of absence, and for no
other cause. 1 have, &c,
(Signed) G. GREY, Governor.
[Enclosure to Despatch No. 22.]
Natal, 2nd July, 1856.
His Excellency the High Commissioner.
Sir, — With reference to Your Excellency's despatch of 2nd June last,
I have the honour to state that, having requested the Government
Secretary for Native Affairs to furnish me with the correspondence therein
called for, I have received from that officer the letter which, with its
enclosures, is herewith transmitted. I have, &c,
H. COOPER, Colonel,
Acting Lieutenant-Governor.
Office of Government Secretary for Native Affairs,
July 1, 1856.
The Hon'ble the Colonial Secretary, Natal.
Sir, — I have the honour to acknowledge your letter transmitting
me copy of a despatch from His Excellency Sir George Grey, calling
for copy of a letter regarding the removal of natives from this district
across its southern boundary, addressed to me by Lieutenant-Governor
Pine immediately before he sailed from D'Urban for the Cape of Good
Hope, as also for copies of any letters in relation to the same subject
which passed between Mr. Pine and myself subsequent to the former
quitting the colony.
In reply, I beg to transmit copies of two letters on the subject, one
directing me at once to take preliminary but conditional measures, dated
28th March, 1854, which I acted upon, and the other dated the 12th
February, 1855, authorising me to carry out the undertaking itself,
which I did not act upon. This latter communication was addressed to
me shortly previous to Mr. Pine's embarkation for the Cape of Good
Hope.
176
Since that event, I have received no official communication from Mr.
Pine, although, while at the Cape, he continued the private correspon
dence which he had occasionally carried on with me during his tenure of
office as Lieutenant-Governor of Natal.
I have, &c,
(Signed) T. SHEPSTONE,
Government Secretary for Native Affairs.
A true copy : J Perrin,
Clerk to Govt. Sec. for Native Affairs.
Colonial Office, Natal, March 28, 1854.
Theophilus Shepstone, Esq., Govt. Secretary
for Native Affairs, Natal.
Sir, — I am directed by the Lieutenant-Governor to acknowledge
your letter of the 15th ultimo, and to inform you that His Honour has
laid your memorandum on the subject ofthe removal of a portion ofthe
natives from this district before Mr. Owen, Her Majesty's Assistant Com
missioner, together with the expression of his general concurrence in the
views so ably set forth in that document, and of his opinion that the mea
sure proposed should be carried into execution with the least possible delay.
His Honour has also taken steps to cause your memorandum to be
brought under the immediate notice of the Secretary of State.
1 am further to inform you that His Honour entirely approves of your
suggestion of taking at once preliminary, but conditional measures, for
carrying your proposal into effect ; and I am to request that you will
proceed to institute such measures as soon as practicable.
I have, &c,
(Signed) JOHN BIRD.
(For Colonial Secretary.)
A true copy: J. Perrin,
Clerk to Govt. Sec. for Native Affairs.
D'Urban, February 12, 1855.
Theophilus Shepstone, Esq., Govt. Secretary
for Native Affairs, Natal.
Sir, — As I have received no communication from the Secretary of
State, nor from the Governor of the Cape, with reference to your pro
posed plan for inviting a portion of the natives of this district to locate
themselves, under your guidance, in the country south of the Umzin-
culu, and as I am informed by you that if the scheme be not carried
into effect almost immediately it will become impracticable, I deem it
my duty, pending direct instructions from my superiors, to take upon
myself the responsibility of instructing you to take immediate steps, as
you may consider necessary, to carry out the scheme in question.
In doing so you may rely upon receiving my sanction to any specific
measures you may suggest, and my general advice and support through
out the Undertaking. I have, &c,
(Signed) BENJ. C. C. PINE.
A true copy: J. Perrin,
Clerk to Govt. Sec. for Native Affairs.
DESPATCHES FROM THE SECRETARY OF STATE.
37.
The Right Hon'ble Sir G. Grey, Bart., G.C.B.,
to Governor Sir George Grey.
[No. 17.] Downing-street, 8th Sept., 1855.
Sir, — I write to acknowledge your despatch, No. 12, of
the 23rd of May last, accompanied by a memorial from
Captain Adam Kok, ofthe Griquas, and to inform you that
I shall suspend my decision on this subject until the receipt
of your answer to the inquiry contained in my predecessor's
despatch of the 2nd of July last.
I have, &c,
(Signed) G. GREY.
38.
Extract from Despatch from the Right Hon'ble Sir George
Grey, Bart., to Governor Sir George Grey, in reply
to Despatch No. 22, of 19th July, 1855.
[No. 31.] Downing-street, 16th October, 1855.
" It is far from my intention to draw any comparison
between Mr. M. B Shaw and Mr. Shepstone ; but a con
viction naturally arises, from the transactions which have been
brought to my notice, that if Mr. Shepstone's scheme were
executed, he would become the de facto chief of the emigrant
Zulus, and as their chief he would have to take steps to pro
tect them and their cattle against the enterprises of the
neighbouring tribes, who would be sure to commit depreda
tions, unless restrained by fear and experience of punishment.
Mr. Shepstone would thus, perhaps, in spite of his own wishes,
be drawn into hostile encounters with neighbouring tribes.
His people, like those of Mr. Shaw, would be looked upon
,by any other tribes as people belonging to the British Govern
ment, for whose conduct that Government would be held
N
178
responsible, and for whose misconduct the native chiefs would
be certain to take revenge, whenever, in their opinion, the fit
occasion arrived.
"I concur, therefore, in your opinion that Mr. Shepstone's
scheme will require most serious consideration before it is
attempted, and I approve of your intention of proceeding
immediately to Natal, for the purpose of there considering
the subject." (Signed) G. GREY.
39.
The Right Hon'ble Mr. Labouchere to Governor
Sir George Grey.
[No. 9.] Downing-street, 17th December, 1855.
Sir, — I transmit to you a copy of a memorandum, which
has been furnished to me by Lieutenant-Governor Pine, with
reference to the proposals contained in a despatch which he
addressed to this office on the 28th September, 1852, for
granting representative institutions to Natal.
Perhaps you have already considered this subject, and will
report on it, along with other topics concerning that colony ;
if not, I should be glad if you would communicate to me
your opinion of Mr. Pine's views on this subject, and more
especially in regard to his proposition that the representative
members should be elected by the municipal councils.
I have, &c,
(Signed) H. LABOUCHERE.
Memorandum on Representative Government for Natal.
Pari. Papers, In a despatch which I addressed to the Secretary of State in Sep--
1854: p. 78. tember, 1852, I recommended the introduction of representative govern
ment into Natal, but I, at the same time, and on the grounds therein
stated, advised that such a measure should be accompanied, if not
preceded, by extended municipal institutions.
2. Since that time, a complete system of municipal government has
No. 1, 1854. been introduced by two ordinances, the one establishing municipal cor
porations for the towns, — similar in principle to those existing in this
No. 3, 1854. country, but simpler in detail, — the other establishing local councils for
the management of the affairs of the rural districts, composed partly of
Government officers and partly of persons elected by the inhabitants, —
the latter portion forming a decided majority.
179
3. Thus every part of the colony is, or may be, placed under local
self-government, and a basis is formed whereon to erect a system of
general self-government.
v 4. In the despatch referred to, I recommended that there should be
two legislative chambers to compose the general legislature,— one a
permanent body, composed of Government fefficers and nominees ofthe
Crown, the other of representatives chosen by the people.
5. I adhere to the principle of forming the legislative body, partly of
persons not popularly elected, and not directly dependent upon popular
support ; but on further consideration, I would vary the plan in detail,
by suggesting that there should be but one chamber, in which these
members should sit together with the representatives of the people.
I suggest this plan merely as being simpler, and better suited for a
young colony.
6. This chamber might be composed of eight Government officers
and Crown nominees, and of sixteen representatives of the people ; or,
perhaps, at first, of half these numbers.
7. In the despatch referred to, I advised that two or three persons
should be also chosen by the Government to represent the interests of
the natives, and I have reason to believe that such a proposal would not
be generally opposed by the white inhabitants ; but I now think that the
interests ofthe natives would be sufficiently protected by the Government
officers, and particularly by the Secretary for Native Affairs, who should
certainly be a member of the legislature. Besides, I would remark that
since I wrote the despatch in question, the commission on native manage
ment has sijnt in its report, which pretty fairly represents the opinions of
the white inhabitants, and exhibits, on the whole, far more reasonable
and just views in regard to the government of the natives than I had
previously expected.
I would further observe, that under the plan proposed by me, and to
a small extent carried into practice, that of giving natives freehold titles
to land, they will, by degrees, themselves acquire the elective franchise.
8. I come to the consideration of the mode of electing the representa
tive members. In the despatch referred to, I mentioned, among the
advantages likely to arise from the local councils, in protecting the rural
districts against inadequate representation, that these bodies would pro
bably exert a powerful influence in securing the proper representation of
the districts under their control in the supreme legislature. I now think
that, in order to secure this and other objects mentioned in the despatch,
and also to cause a more careful and deliberate selection of representatives
than would probably take place in the excitement of a general popular
election, it would be desirable that they should be chosen by the non-
official or elected members of the local councils, and by the town councils
ofthe towns.
9. The colony is at present divided into six counties, each having or
entitled to have, a local council, and there are two towns having town
councils, and their number is not likely to be increased at present.
Each of these bodies might send two members, making in all the num
ber I have proposed.
10. An additional recommendation of the scheme is, that it would
tend to make the local 'councils of more importance, and cause people to
take greater interest than they might otherwise do in the election of the
members of them. This of itself would be a great good, for the pros-
N 2
180
perity ofthe colony, in my opinion, depends more on the efficient working
of these institutions, than even on that of its general government.
11. The qualification of a representative should, I think, be the
possession, in his own right, of landed property of the value of at least
.£500, over and above mortgages.
12. The members might be elected for four years, but so that half this
number should go out of office every two years. This would enable the
people frequently to change, to a certain extent, the representative body,
without the inconveniences of at once introducing into it a majority of
inexperienced members. The retiring members might be eligible for
re-election. 13. I think the Lieutenant-Governor should not sit in the council, but
merely open and close its session, and give his assent to ordinances. In
all other respects I would advise that regulation laid down in the Royal
Instructions for the present council should apply to the proposed one,
which may in fact be merely an exclusion ofthe former, by the admission
into it of elected members.
14. In closing this memorandum, 1 would urge that no time should
be lost in introducing the representative element into the Natal Govern
ment. With a singularly popular constitution at the Cape, and with
free Republics on its borders, it is morally impossible to keep self-
government long out of Natal, and the sooner it is conceded the more
moderate and safe may its character be made; and looking at the elements
of which the bulk of the population is composed, this is a point worthy
of great consideration. (Signed) BENJ. C. PINE.
15, King-street, St. James,
1st December, 1855.
40.
The Right Hon'ble Mr. Labouchere, to Governor
Sir George Grey.
[No. 18.] Downing-street, 25th January, 1856.
Sir, —I have received your despatch No. 29, ofthe 16th
November last, reporting your arrival at Cape Town from
Natal, the prosperous state in which you found that colony,
and the loyalty and tranquillity prevailing throughout the
whole extent of South Africa, which you had traversed.
Her Majesty's Government has received with much satis
faction this favourable account of affairs in South Africa, and
they await, with much interest, your report of the measures
which you have taken for adjusting the several matters relat
ing to Natal, which were referred to your consideration.
1 have, &c,
H. LABOUCHERE.
181
41.
The Right Hon'ble Mr. Labouchere to Governor
Sir George Grey.
[No. 19.] Downing-street, 26th January, 1856.
Sir, — I have received your despatch No. 31, of the 1 7th
November lust, transmitting copies of a correspondence with
the President of the Orange Free State, regarding certain
points in which he desired the assistance of the Government of
the Cape of Good Hope, and forwarding minutes of a con
ference which was held in your presence between the
President and the Basuto chief Moshesh.
I am glad to learn that you were enabled, in many respects,
to meet the wishes of the President, and that you have formed
so favourable an opinion of the progress of the Orange Free
State, in the establishment of good government and of friendly
relations with the Cape colony.
I trust that the conference held with Moshesh may be pro
ductive of a permanent good understanding between that
chief and the Free State. I have, &c,
H. LABOUCHERE.
P.S. I have also to acknowledge the receipt of your
further despatch on this subject, No. 43, of the 8th
December last.
42.
The Right Hon'ble Mr. Labouchere to Governor
Sir George Grey.
[Wo. 21;] Downing-street, 31st January, 1856.
Sir, — I have received your despatch No. 36, ofthe 27th
November last, reporting upon the applicability to the colony
of Natal of the local councils ordinance, and I concur in your
opinion that this ordinance should be left, for the present, to
its operation.
I have, &.C.,
H. LABOUCHERE.
n 3
182 43.
The Right Hon'ble Mr. Labouchere to Governor
Sir George Grey.
[No. 24.] Downing-street, 3rd February, 1856.
Sir, — I have received your despatch No. 38, of the 29th
November last, relative to the future arrangements which it
might be advisable to make for the greater efficiency of the
judicial establishment of Natal, and I concur in your opinion
that this subject should be left to the decision of the Legis
lative Council, when it has been enlarged by the introduction
of elected members. I have, &c,
H. LABOUCHERE.
44.
The Right Hon'ble Mr. Labouchere to Governor
Sir George Grey.
[No. 26.] Downing-street, 7th February, 1856.
Sir, — I have received your despatch No. 28, of the 18th
November last, forwarding a copy of a letter addressed to you
by Signor Rebello, applying for your interference in favour
of the Portuguese Government, to prevent Panda, the chief
ofthe Zulu nation, from aiding in an attack on the settlement
at Delagoa Bay.
1 have furnished the Earl of Clarendon with a copy of your
despatch, and having stated to His Lordship my opinion that
this would be a favourable opportunity again to impress on
the Portuguese Government the necessity of restricting traders
at Delagoa Bay from supplying the natives with gunpowder
to any great extent, he has instructed Her Majesty's Minister
at Lisbon to make a representation to that effect to the Portu
guese Government. I have, &c,
H. LABOUCHERE.
183
45.
The Right Hon'ble Mr. Labouchere to Governor
Sir George Grey.
[No. 28.] Downing-street, 13th February, 1856.
Sir, — I transmit to you a copy of a letter which has been
addressed to this department by direction of Lord Clarendon,
enclosing a report from Mr. Surtees, Arbitrator in the Jan. 30, 1856.
Mixed British and Portuguese Commission at the Cape, on
the subject of alleged slave-dealing practices among the
boers on the north-eastern frontier of Natal.
2. I am aware that your attention has been directed already
to this subject, but I wish to call upon you at once for a full
reporton the circumstances alleged in this communication from
Mr. Surtees, as far as it may be in your power to make one,
in order to enable Her Majesty's Government to judge what
steps may be advisable.
3. It would also appear, if the correctness of the statements
contained in Mr. Orpen 's report can be relied upon, that
some persons who reside within the limits of the colony have
been implicated in these transactions.
4. If this should be the case, I have no doubt that lean
rely on the ready co-opention of the local authorities with
yourself, to restrain such practices by all the means which are
within your power. I have, &c,
H. LABOUCHERE.
[Enclosure to Despatch No. 28.]
(Slave Trade.) Foreign Office, January 30, 1856.
Herman C. Merivale, Esq., &c,
Colonial Office.
Sir, — I am directed by the Earl of Clarendon to transmit to you the
accompanying copies of two despatches, and their enclosures, from Mr. S0- !*•
Surtees, the Arbitrator in the Mixed British and Portuguese Commission
established at the Cape of Good Hope, from which it would appear that
the boers on the north-eastern frontier of that colony are in the habit of
kidnapping and consigning to slavery the children of Bushmen and
other native tribes, and I am to request that, in laying these papers before
Mr. Secretary Labouchere, you will move him to inform Lord Claren
don whether any information on this subject has been received at the
184
Colonial Department, and, if so, whether measures are being taken to
put a stop to the practices of these boers, as reported- in Mr. Surtees's
despatches. I am, &c,
(Signed) WODEHOUSE.
P.S. — The first enclosure in Mr. Surtees's despatch, No. 15, is sent
herewith in original, and I am to request that you will return it to this
office, when done with.
[No. 14.] Mixed Commission Chambers, Cape Town,
December 1, 1855.
The Earl of Clarendon, K.G., &c.
My Lord, —I have the honour to acquaint your Lordship, that reports
having reached me that kidnapping children of the Bushmen and other
native tribes was still continued by the boers on the north-eastern fron
tiers of this colony, I thought it advisable on the recent return to Cape
Town of Sir George Grey from Natal, to wait on His Excellency, in
order to ascertain whether he could give me any reliable information
respecting them.
The reports, similar in nature to those hitherto transmitted from this
Commission, were to the effect that the boers ofthe Trans-Vaal territory,
whose independence has been recognised by Her Majesty's Government,
obtained a supply of labour by seizing the children of the natives when
young, and subjecting them to an " involuntary servitude," which is
called an .apprenticeship or inboeking system, until the age of twenty-five
for a male, and twenty-two for a female ; that provision is made by law
of their Volksraad for the inboeking of all captives taken in war, and
that that law provides that servants should not be transferred by sale from
one master to another, but is constantly disregarded, and that it is a
matter of every day practice and notoriety that a regular sale of these
indentured servants takes place, at the rate often to fifteen pounds each;
and, further, that the ingeboekte is not limited to captives of war, for
that " parties of boers proceed to the Drakenberg, and barter with the
native Bushmen at the rate of a cow for a child," these children being
treated similarly to those Sfcurcd in war.
His Excellency informed me that these rumours were not without
foundation, and were about to be brought by him before Her Majesty's
Government, and he handed me a copy of a proclamation on the subject,
lately issued by Pretorius, one ofthe district commandants ofthe Trans-
Vaal territory, which document, referring to the fact that kidnapping of
natives had taken place, ordered the children so taken to be brought back,
and forbade the offence in future.
A copy of this pioclamation I have the honour to enclose.
His Excellency added, that it had been stated that some of Her
Majesty's subjects had been engaged in thes-- transactions. Upon this,
I pressed strongly the propriety of issuing, both at this colony and at
Natal, notifications of the Act of Parliament 6 and 7 Victoria, cap. 98,
which, extending the provisions of the consolidated Slave Trade Act,
makes it illegal for any British subject to be concerned in slave trade in
any part of the world, whether within or without Her Majesty's domin
ions ; and I suggested that some offer of co-operation might be mad,e to
185
the Trans-Vaal Government, with an expression of gratification on the
part of the Colonial Government at the proclamation that had been
issued. I stated, further, that the existence of the slave traffic in the Trans-
Vaal territory would necessarily be known in the Portugu-'se possessions
ofthe Mozambique, and its effects would tend to strengthen the slave
trade interest there, and thus, in a great measure, nullify the efforts made
by Her M, jesty's Government to put an end, not only to slave trade but
slavery, in pursuance of the recommendation made by the Portuguese
Chamber of Peers, for which a project of law in Portugal had been
attempted to be passed.
I need scarcely assure your Lordship that Sir George Grey is most
fully alive to the importance of the subject, and desirous to deal with it,
but, unfortunately, it is attended with many difficulties. It appears that
His Excellency is advised that, however disgraceful the system in ques
tion is, it is not such a traffic us is provided for by the Slave Trade Acts,
or could be suppressed under their enactments; and, consequently, he is
unwilling to call attention to the Slave Trade Acts, in connection with
a traffic for which they provide no punishment, and which they do not
even recognise as a legal offence.
As regards any offer to co-operate with the Trans-Vaal Government,
His Excellency stated that, such is the condition of public affairs there,
he should not know to whom to address it.
I pressed His Excellency for a copy of the legal opinion, or that part
of it which he read to me, for I stated my conviction that its doctrine
could not be maintained, but, supposing His Excellency felt bound to
adhere to it until he should receive further directions from Her Majesty's
Government, I requested him, at any rate, to issue some general notifica
tion that the traffic was opposed to the moral feelings, not only of Great
Britain, but of all civilised Europe, and would meet with general abhor
rence when known.
At a subsequent interview, His Excellency placed in my hands several
papers relating to a Commission which had lately proceeded fom Natal,
to inquire into these matters, the result of which, so far as it goes, estab
lishes a system, on the part ofthe boers, of kidnapping children from the
Bushmen and other natives ; and as His Excellency invited my opinion
upon them, I am about to give him a memorandum, which I am drawing
up, and a copy of which I shall not fail to lay before your Lordship.
Before closing this despatch, I beg respectfully to call your Lordship's
attention to the following facts : —
A reference to the despatches from this Commission, will show that
the subject has been reported, in the year 1848, despatch No. 17 ; in the
year 1851, despatch No. 7; in 18-52, despatch No. 12; in 1853, des
patch No. 7 ; in 1854, despatch No. 11 ; and in this year's series, des
patch No. 7.
In 1852, a treaty was concluded betwixt Sir G. Cathcart and the
Trans-Vaal Boers, when, their independence being recognized, one of
the articles stipulated that slavery should not exist in the Trans-Vaal
territory ; but the treaty omitted to provide any mode by which the
stipulation was to be enforced.
Since the conclusion of that treaty, as before, it has been constantly
rumoured throughout this colony, that the children ofthe Bushmen and
other natives were kept in slavery by the boers, sometimes being obtained
186
by barter, but often by force. The proclamation of Pretorious has now
established their truth.
I am bound to state to your Lordship my conviction that this evil, so
long unchecked, and at length openly acknowledged, as it is of no light
character, is one that calls for a speedy remedy.
I have, &c,
(Signed) FREDERIC R. SURTEES.
[No. 15] Mixed Commission Chambers, Cape Town,
December 3, 1855.
The Earl of Clarendon, &c.
My Lord, — With reference to my despatch to your Lordship, No. 14,
of the 1st instant, respecting slave trade, as carried on by the boers, I
have now the honour to transmit to your Lordship copies of evidence on
the subject, which His Excellency Sir George Grey was so good as to
place in my hands, soliciting my opinion thereon, copy of which I enclose ;
and I have to state that His Excellency is very desirous that the docu
ments which I received from him should not in any way be made public.
They consist of a journal and private letter, written by a gentleman
(Mr. Orpen), who was deputed not long since, with other persons from
the Trans-Vaal Government, to inquire into the alleged practices of the
boers, together with a memorandum by the Natal Government, bearing
upon the matter. On placing the memorandum, which I had written in
Sir George Grey's hands, I received another paper from him, being a
letter signed " Pretorius," and I have the honour to enclose a copy of
that also.
Your Lordship will perceive that a system of slavery and slave trade
is fully established by these papers ; and it is to be regretted that His
Excellency is advised that, until he obtains the opinion and assistance of
Her Majesty's Government it cannot be put down as crimes of that
nature. In the meantime, he has stated that he will take my suggestion of
obtaining the opinion ofthe Judges ofthe Supreme Court, into his con
sideration, and he will use his influence with the people of the Trans-
Vaal territory towards the suppression of the evil.
I have, &c,
(Signed) FREDERIC R. SURTEES.
PROCLAMATION.
I, Marthinus Wessels Pretorius, Commandant-general, having in
formation that, in contravention to the laws existing here, native children
are exported to other places, do hereby proclaim that the aforesaid
exportation of children, under what pretence soever, is, from this day
forward, prohibited and forbidden by me in the most positive manner.
And I further proclaim that all persons who have been, are, or may
become guilty of the abovenamed transgression of the laws of this
country, are hereby called upon 1st., To bring back the native children
187
already exported ; 2nd., To abstain from this day forward from all infrac
tion of the laws of the country.
And I proclaim, further, that should it appear that any person or
persons have been guilty, before or after this proclamation, of the afore
said exportation of native children, such parties shall be indicted an d
prosecuted according to law, by the proper authorities, and punishe d
accordingly. Given under my hand at Magaliesburg, this 30th day of July, 1855.
God save the Volksraad !
(Signed) M. W. PRETORIUS, Commandaut General.
Memorandum on facts detailed in Mr. Orpen's letter of September
15th, and Memorandum of Journal to Pongelo and beyond, &c.
I have read the papers accompanying this memorandum, consisting
of 1st, Memorandum of a journey to Pongelo and beyond, by Mr.
Orpen, who was lately one of a Commission to enquire into certain
allegations of slave-trading on the part of the boers (in the neighbour
hood of the Trans-Vaal country, I presume) ; 2nd, A letter from Mr.
Orpen on his return, dated Ladismith, September 15, and addressed to
Mr. Sargeaunt, which letter contains comments on the investigation
that had been made ; and, 3rdly, A memorandum by the Government
Secretary of Natal, as to the evidence given on their return, by two
intelligent natives who had been sent by the Colonial Government, as I
understand, to accompany Mr. Orpen and render him what assistance
they could in forwarding the investigation.
These documents establish, so far as evidence of this character could,
a known and openly-practised system of kidnapping natives, and
holding them in unreraunerated servitude.
Mr. Orpen started August 20th, and, with Bester, one of the Com
missioners, arrived at Klopper's, New-town, August 27. There it was
resolved to stop and consider what the best mode of investigation would
be, and it was determined that Cornelius Van Rooyen, Field-cornet, and
Nicolas Smit, a neighbouring farmer, should accompany the Com
mission. Klopper stated "it was possible something of the kind
(kidnapping) had occurred, but it was altogether without his knowledge
and sanction." Whilst at Klopper's, the first case of kidnapping or
slave-trading appears to have come before the knowledge of the Commis
sion. A man named Rensburg, who was present, stated that he had two
slaves, whom he had bartered from Umzwazi (a native chief), and that
the party would " probably meet two Kafirs on the road, whom he sent
to barter another from the same quarter."
It is to be regretted that further particulars were not obtained from
Rensburg, who seems to have had no compunctions whatever on the
matter ; and probably could and would have stated more than he did.
Cornelius van Rooyen then stated, that " the Meyers had just arrived
at his farm with seven slaves, whom they had bought from Umzwazi"
(the same native that Rensburg had dealt with), and invited the Com
mission to come and see them."
Mr. Shepstone's Kafirs here discovered that Klopper had himself three
children of the same tribe, slaves. I do not know whether this man, who
188
is called " Commandant" is a colonial functionary, if he is, his conduct
demands immediate and searching investigation.
The principal native whom the Commissioners wished to see, was a
chief, Namazuiga, who, from some motives, seems to have been anxious
to have avoided the meeting as long as he could, and when at last brought
face to face with them, to have shuffled, and been altogether an unwilling
discloser of anything bearing on the subject of kidnapping. This, may
have been from fear, for he seems to have been spell-bound in the pre
sence of Van Rooyen, who, as he was not a member of the Commission,
I am surprised Mr. Orpen did not endeavour to get rid of. Mr. Orpen's
private letter states Van Rooyen to carry on a regular trade in slaves ;
and, further, that he and somp ofthe Buffel-river people have sold many
to the boers living in the Klip-river division, thus carrying on a slave
trade in British territory (if, as I believe it to be, the Klip-river is within
the boundary of the colony).
It is Mr. Orpen's impression that the examination of Namazuiga, as,
indeed, the conduct throughout ofthe Commission, was anything but fair
and impartial. It was some time before anything was extracted from this
native, implying a knowledge on his part, of slave-trading. At length,
though the interpreter endeavoured to suppress his answer, be admitted
that he' had heard that some of the Bushmen's children had been taken
away, and, on being pressed further, he added that he knew it by hear
say, — that he had heard that white people had carried off the children
violently, — threatening to shoot the parents if they did not allow them.
The first time the boers took them by force, but at another time exchanged
them ; the white people came again and bartered children from the
Bushmen for cattle ; he had never, himself, taken any Bushmen
children, but, some of his people had, and bartered them with white
people. He had done nothing, but remained quiet. This had been
done twice. The Bushmen hid their children when the whites came
to take them ; to which was added the significant fact that " there were
hardly any children left."
Namazuiga stated that the reason why the Bushmen exchanged their
children was, that they were afraid if they did not they would be taken
by force, — evidence which was in fact confirmed by a Bushman subse
quently examined (Makozani), who said that three of his children had
been taken away by the servants of some boers, against Irs will, but he
allowed it because he thought he would have been killed had he
attempted to prevent it.
Namazuiga was asked to disclose the names of the parties who had
kidnapped Bushmen's children, when Van Rooyen stood up and evidently
intimidated him ; the answer was, at length, that the witness was afraid
of Panda.
Shortly after this man's examination, against Mr. Orpen's wishes, the
Commission seems to have broken up, when the two Kafira from Natal,
told Mr. Orpen that the interpreter had not always interpreted correctly,
and that, in one case, a statement implicating Van Rooyen had been
altered in translating. I do not think -that any weight is to be attached
to this ; it may or may not be true. It should have been noticed at the
time, and the two Kafirs neglected their duty in not stating, at the time
it occurred, that there was a mistranslation.
The reason for refusing to proceed any further, on the part of Messrs.
Bester, Cauvin, and others, was a startling one, — that since Namazuiga
189
did not seem to interest himself in the matter, although he is the chief td
whom the children belonged, our Government was not bound to go to
any further trouble or expense, especially as the parents of the children
who had been kidnapped were not likely to be discovered. Little could
these men know of the deep interest Great Britain has taken in this
subject for the last 40 years, or how differently the subject would be
viewed there.
After this, Mr Orpen examined Makozani, a Bushman, who admitted
having bartered away three of his children, which he stated not to have
been from any custom of his tribe to part with their children, but from
apprehension as to the consequence if he refused. He had received
for his children, some f w articles, such as beads, meat, &c. He mentioned
the names of nine other persons from whom children had been taken,
and this was so far corroborated, that the children of one so named
were then in Mr. Orpen's possession. Two other Bushmen were then
examined by Mr. Orpen, whose children had also been taken away by
Boers, to one of these Bushmen some calves had been given in exchange
for his children, who had been parted with unwillingly. Both these
Bushmen stated that they grew corn enough to live upon during the
whole year; so that they had not parted with their offspring from want.
They had not heard of any Bushmen being killed by whites.
The members ofthe Commission who had left Mr. Orpen, subsequently
examined certain Boers. Nothing, however, is known of any evidence
they may have obtained.
As regards the parties supposed to be concerned in these infamous
transactions, they are to to be considered in two points of view. The
Boers and their accomplices who are, and the Boers and their accom
plices who are not, South African subjects of Her Majesty. As to the
Bushmen or natives who part with their children to the Boers, they
either do so from fear or from having their moral perceptions disordered.
Concerning the first class of persons^or Her Majesty's South African
subjects, — it has been questioned whether, however revolting to all moral
feeling their offence may be, it is one which can be brought within the
operation of the laws against slave-trade. Is their offence, kidnapping
children, or obtaining them by barter, as animals, such a slave-trading
as is prohibited under the Act of Parliament 5, George IV., cap. 113, the
consolidated Slave Trade Act, and the Act 6 and 7 Victoria, cap. 98,
which extends the provisions of the former act to slave-trading, &c, on
the part of British subjects in any foreign country or place, without the
limits of Her Majesty's dominions.
I believe the offence is often justified as a mere taking with the view
of making the children only apprentices for a certain time, and not as
slaves indefinitely. I will asume this to be so, though in any prosecution
of an English subject, under the Slave Trade Acts, it would lie with the
party prosecuted to prove so much, which he would piobably find some
difficulty in doing.
The sections of the Act of George IV., which bear mainly on the
point, are sections 2 and 10. These relate to two classes of the offence,
and enact, 1st, that it shall not be lawful, except in the cases mentioned
by the act, for any person to deal, trade in, purchase, sell, barter, or
transfer, &c, slaves, or persons intended to be dealt with as slaves.
2ndly, (and it is under this and the third division I maintain the offence
of the Boers to come,) or to carry away, or to remove, or to contract
190
for the carrying away, or removing of slaves, or other persons, as, or
in order to their being dealt with as slaves. 3rdly, or to import, or to
bring into any place whatever, any person as, or in order to their being
made, slaves, &c. Section 10, makes the offence a felony, and prescribes
the punishment.
Now the gist of the words I have quoted from sections 2 and 3,
divested of all surplusage is this : — 1st, it shall not be lawful for any
person to deal or trade in slaves, or persons intended to be dealt with as
slaves. 2ndly and 3rdly, — and it must be observed that here there are
further words used, after the prohibition, in the former sentence, of trading
in slaves or persons removed to be made slaves of, — it shall be unlawful
to remove and bring into any place, except as allowed by the Act, any
slaves or other persons (and here we have an additional word " as,"
which is most essential), or (for either is sufficient to satisfy the act), in
order to their being dealt with as slaves.
If, then, there is any meaning to be attached to the word " as," found
in one sentence and not in another, it must mean that the mere removal,
with guilty knowledge, of a person as a slave — that is bona fide deprived
of free action, and unremunerated — from one place to another, if only
the distance of a mile, is an offence against the Act, sufficient for the
consideration of a jury, who would, of course, take all the circumstances
of the case into consideration. For instance, it would be equally an
offence, I take it, against this Act, for an Englishman, possessed of
means, to convey negroes, by contract with a Spanish shipmaster, ten
miles on the west coast of Africa from a slave barracoon to the shore,
as it would be for a Cape colonist knowingly to convey two Bush chil
dren, obtained by barter for two calves, ten miles in his wagon, from a
Bushman's kraal to a farm dwelling.
It would be, in short, a removal and introduction of a person " as a
slave," or in a state of slavery, other than permitted by the Slave Trade
Act ; which is what that Act intended to put down.
The strongest argument against this position is, perhaps, that penal
Acts are to be construed strictly, and the Act of George IV never con
templated this description of slave-trade, which had not sprung into
existence ; but rather referred to what was then and has been generally
known as the slave trade, — a maritime traffic carried by ships, and across
the sea.
To this, I believe, the true and sufficient reply is, that in construing
all Acts of Parliament, whether penal or other, the intention of the
framers must be looked to ; and but a small knowledge of the feelings
of the English people for the last forty years, would show that the inten
tion ofthe Legislature during that time has been to put down slave-trade
first, and then slavery in every possible shape or form, on the part of
Englishmen, in every part ofthe world. At any rate, that this intention
has been put forward by England's statesmen to foreign powers for years
past, every one acquainted with the slave-trade papers annually presented
to Parliament is well aware. No other negro apprenticeship is legally
recognised, save that permitted by the Act. The second section of the
6th and 7th Victoria, which was aimed at a custom that had grown up
on the west coast of Africa, of holding negroes in servitude for debt,
goes to prove that the desire was to abolish every species of every thing
approximating to forced servitude, be its name what it might, on the
part of English subjects.
191
If His Excellency has been advised that the offence alluded to does
not come within the provisions ofthe Slave Trade Acts, the opinion of
the Judges of the Supreme Court, it is submitted, might be taken on the
subject ; or, viewing it as of a secondary degree, it may be dealt with as
an offence at common law.
As relates to parties inculpated, who are not British subjects, remon
strance might, at any rate, be made to the Government or Volksraad of
the Trans-Vaal ; and I would respectfully urge- here, a3 I have had the
honour to do in conversation, that a general notification ofthe Act 6 and
7 Victoria, cap. 98, warning British subjects against slave-dealing, could
scarcely be without some good effects ; or, at least, some public notifi
cation on the part of the Colonial Government, that these practices of
dealing in Bushmen children and others, was opposed to the moral feel
ings of the English and all civilised people throughout the globe, and
were such as w..uld be viewed by them with abhorrence when brought to
their knowledge.
His Excellency having placed the papers referred to in my hands,
with a permission to express my opinion upon them ; impressed with
their importance, I have ventured to do so at some length.
I will only add that in connection with my peculiar duties here, as
relates to the suppression of Portuguese slave trade, I am of opinion
that all slave-trafficking across the Vaal must be well known, and perni
cious in its influence within the Portuguese possessions of the Mozam
bique, and strengthen the slave-trade interest there, where our naval
force for the suppression of maritime slave-trade, small already in conse
quence of the Russian war, has been lately further weakened by the
unhappy loss of a cruiser. The government of Portugal has manifested
a desire of late years to abolish slavery throughout her colonies, and a
project of law for the purpose has been more than once submitted, but
has been thwarted by the slave trade interest, which is both wealthy and
powerful in Portugal. That interest has lately, I am led to believe,
succeeded in persuading the Governor-General of Mozambique to defer
carrying out a royal decree for opening the trade of Mozambique, inas
much as, were lawful trade increased, the slave-trade must necessarily
diminish. (Signed) F. R. SURTEES.
Mixed Commission Chambers, December 3, 1855.
Memorandum by the Government Secretary for Native Affairs.
Manquetsha and Sibukuli were sent by direction of the Acting
Lieutenant-Governor of Natal to accompany Mr. Orpen, on an official
visit to the inland tribes north of this district, for the purpose of investi
gating certain allegations tending to show that a system of kidnapping
native children, sometimes accompanied by murdering their parents, is
carried on by the boers in that direction.
The statement made by these two men confirms, in general, the facts
noted in Mr. Orpen's journal,— and in particular the accounts therein
given of the several interviews with the chief Nyamayenja.
They report that there is no doubt of the existence of an extensive
traffic in children, between the boers and the natives, and that
192
sometimes the children have been taken by force from the rocks
and holes into which the presence of the boers induced them to fly for
concealment. The chief Nyamayinja was exceedingly unwilling to furnish any
information, because he feared the consequences of so doing. Mr.
Cornelius Van Rooyen accompanied the commission to enquire into the
matter, and he himself is most deeply concerned in it.
The chief said, Cornelius Van Rooyen could tell you all about it, why
should he wish for enquiry ? He was much alarmed at Van Rooyen's
being there; he said he had great influence with Panda, and whenever
he wished to injure him (Nyamayenja), he need only send and say he
was meditating desertion to "the English." He had done this before,
and brought Panda's army upon him.
The messengers state that they endeavoured to relieve him of this fear
while they were alone with him, and to induce him to furnish the evi
dence required by the Government ofthe Orange River Free State, but
they could not prevail upon him. He said, You who would befriend me
will be far away, and will not hear my cry ; and by the time it reaches
you, I shall be'dead. I dare not offend Cornelius Van Rooyen or the
boers in the neighbourhood.
In order to convince himself that we really came from Pietermaritz-
burg, and belonged to the government of Natal, he' questioned us about
the messengers lately sent by Panda, on the occasion of Soqueba's coming'
into the district; and on our telling him all the particulars he was satisfied.
He expressed great confidence and admiratiori for the Government of
Natal, and regretted such difficulties of communication existed between
him and it.
Had we not been there he would not have allowed Mr. Orpen to go
through to the other side of his tribe, as he did ; for he said, I cannot
distinguish one white man from another ; and he was afraid it was a ruse
to spy out his land.
When on our way to his country we met a party of six Englishmen,
said to belong to Natal, who had been on a tour to inspect the country
on this side of Nyamayenja, with the view of occupying it; the people
of this chief had also heard of this, and expressed great satisfaction at the
probability of Englishmen being their neighbours, and they wished the
rumour might prove true.
They (the two messengers) speak in great admiration of the two
Messrs. Orpen, both as to the tieatment they received at their hands,
and the perseverance with which they pursued their object, under great
difficulties thrown in their way by some of the Boers, even to inducing
them to take a wrong road.
On our return from examining the Bushmen whose children had been
taken by the Boers, Nyamayenja told us that, during our absence, native
messengers from Christian Klopper came to him, desiring him to drive
Messrs. Orpen and us away. The chief said, How am I to drive them
away ? They replied, Say the country is yours and you desire them to
leave it. The chief said, No; but if you will stay till they come back,
I will say to them you are sent to desire them to leave the country.
They replied, No, we cannot do so; you must not mention us; we were
directed to tell you that we were not to be seen or spoken of; you are to
do it as from yourself, you being the chief of the country. He replied,
I have no country; it belongs to Panda, and the English are Panda's,
193
parents. I will not do it as you wish ; but I will deliver your message.
Upon this they left. In my presence,
(Signed) T. SHEPSTONE,
Govt, Sec. for Native Affairs.
Office of Govt. Sec. for Native Affairs,
September 26, 1855.
194
Memorandum of Journey to Pongelo and beyond.
August 20th. — Rode to P. Bester's, and slept there.
August 21st. — Crossed Sunday's River, and slept at the other side
ofthe hill beyond. This evening, while sitting in the tent, Mr. Bester
proposed that the Commission should at once decide what course they
would pursue towards investigating, and it was determined that the
landdrost at Buffalo River should be asked to examine, before the Com
mission, those parties who are implicated, and who reside in that neigh
bourhood. Mr. Bester questioned Mr. Orpen about Mr. Shepstone's
Kafirs, who were accompanying us, and expressed himself very much
dissatisfied with the circumstance, and said, should they have any con
versation with the natives before the Commission should have seen them,
he would immediately return. It was, therefore, determined that they
should always remain with the Commission.
August 22nd. — Crossed Biggar's Berg.
August 23rd. — Crossed Stretch's River.
„ 24th. — Crossed Steyn's River.
„ 25th. — Crossed Buffalo River, and slept beyond near Nicolas
Smit's. Theunis Botha (mentioned in the depositions) visited, the
wagons. Saw here Thlaganisa, a Kafir in the service of C.Engelbrecht
(also mentioned in the depositions), but did not examine him.
August 26th. — Rode to Nicolas Smit's, under Balelas Berg, and
remained there the whole day.
August 27th — Rode to Christian Klopper's (Commandant), New
Town, and remained there the whole day, to enable the Commission to
meet, and consult Klopper, as to what the best mode of investigation
would be. He agreed to send Cornelius van Rooyen (Field-cornet), and
Nicolas Smit, who lives on the adjoining farm, to assist the Commission,
195
and told the Commission it was possible something of the kind had
happened, but altogether without his knowledge or sanction. A man
named Rensburg, who was present, said he had two slaves, whom he
had bartered from Umzwazi, and that he would probably meet two
Kafirs on the road, whom he had sent to barter another from the same
quarter. Cornelius van Rooyen said that the Meyers had just arrived at his
farm, with seven slaves, which they had bought from Umzwazi for a
horse, and invited the Commission to come and see them. He said they
were not Umzwazi's people, but orphans, and wore blue aprons. Mr.
Shepstone's Kafirs discovered here that Klopper has himself three
children of the same tribe, slaves.
August 28th. — Left Klopper's in company with Smit, rode up Balelas
Berg, and slept at the Mealie Tuin.
August 29th. — Were overtaken by Van Rooytn, and slept at the
Hond Bosch.
August 30th. — Rode down Balelas Berg, and spanned out at a spruit
of Pongelo ; slept here.
August 31st. — The Commission discussed this morning whether it
would not be well to send a message to Namainja, as we were now near
his kraal, to tell him we were coming, and to ask to what kraal we
should go. There was a great deal of disputing as to who should be
sent, and an evident wish on the part of some that Van Rooyen should
go ; and at last when Mr. Orpen proposed to accompany Van Rooyen,
two little Kafirs were sent.
Van Rooyen here stated that although it was true he had been sent by
Klopper to assist, yet he considered himself here as agent for Panda,
and never did anything without sending a report to him. He said a son
of Panda's lives at Pongelo, near Namainja's.
At about 2 p.m. the little Kafirs returned, with two Kafirs from a
kraal near Pongelo, who told us where Namainja's kraal was, and said
he was there. Van Rooyen, who had been out hunting, returned shortly
afterwards ; another Kafir was with him, who, he said, had told him
Namainja had gone to Panda. When told that the others had already
stated that he was at his kraal, he told Mr. Orpen to question them. He
did so in Van Rooyen's presence. The two first Kafirs, upon being asked
where their chief was, said at once, at his kraal, and pointed out its
situation, and the other, when asked, said, I don't know.
Saturday, September 1st. — The Commission started for Namainja's,
but found him at a kraal this side of Pongelo, where he had come to
meet them. Having arrived at the kraal, Namainja came out and asked
where the Commission would like to sit and speak to him. They pointed
out a klip-koppe close to the kraal, to which he therefore led them, and
they all sat down in a semi-circle, with Namainja and his counsellors
opposite. The interpreter was then told to tell Namainja who each
person was; and Mr. Orpen was then about to make him a short speech,
to explain the object of the Commission, but was interrupted by Mr.
Bester, who said he wished Namainja should be abruptly asked whether
any of his people's children had been stolen. To satisfy Mr. Bester,
therefore, Mr. Orpen told him abruptly, that the Commission had come
to examine into an affair that had occurred in his country, and asked him
whether any of his people's children had ever been stolen. He said, No ;
the only children I have lost, were those who were in the war.
02
196
Mr. Bester said, You must tell us straightforwardly the truth. He
answered again, No ; there was nothing but cattle stolen from me. Mr.
Orpen asked him whether he had lost children through Kafirs alone.
He said, Yes, only through Kafirs. Mr. Orpen then asked, Namainja,
I am a chief, and have come a great distance for to examine into this
matter, and am determined to examine into it most thoroughly ; and the
distance I have come will show you that such is my intention. Tell me
now straightforwardly, and without fear, whether any children have ever
been taken away from your people, or the neighbouring tribes ? He said,
With the exception of those taken by the Zulus, none. Mr. Orpen then
said, Complaints have been made to me that children have been taken ;
tell me now straightforwardly whether this is the truth or not,— and if it
be, I shall punish the people who have done so, and it will not occur
again. He said agaii, he knew of none but those lost through the
wars. Mr. Orpen trren asked him what was the name of the first river
running behind his hill ? He said nothing. Mr. Orpen then asked
where Matlela Kapise lived? He showed the direction, and said,
Behind, on the Umkoonto. Did any of his people live on the Umkoonto ?
He said, Yes, and that some 600 lived beyond Matlela Kapise's, who is
a relation. Mr. Orpen asked whether there were any Bushmen living
among his people, who live i on the Umkoonto? He said, Yes — [and
from them children have been taken]. Here the interpreter, Adonis, a
servant of Mr. Bester, suppressed the part between the brackets ; but
Mr. Orpen's servant, Jantje, called out to him to tell all that Namainja
said. Adonis then interpreted it.
Mr. Orpen asked how he knew this ? He said he had heard it ; he
had heard that white people had carried off the children violently,
threatening to shoot the parents if they did not allow them. The first
time the boers took them by force, but at another time exchanged them.
Mr. Orpen asked, had he ever heard of Bushmen being killed by whites?
He answered, No ; some of the Bushmen at the Umkoonto are under
me, and some under Maileln Kapise. Mr. Orpen asked, Have the Bush
men any cattle 1 No ; they have gardens, but only plant pumpkins :
the white people came again, and bartered children from the Bushmen
for cattle. Where do these Bushmen live, upon the Umkoonto ? They
live between the Umkoonto and Umthelo ; they live separate. Are
there no Bushmen, in this neighbourhood, among your people ? No,
none. Do your people marry among the Bushmen ? No. Where does
Molumbo live ? He lives faraway, beyond Matlela Kapise's. How far is
it to where the Bushmen live ? My people go there and back in one day.
Mr. Cauvin asked, If people came and took Bushmen children, would
they not come and tell you ? No ; sometimes they might, but not always.
Mr. Orpen asked, Have you ever taken, any of the Bushmen's children
from them ? He said, No, but some of my people have, and bartered
them with white people. What did you do to your people for doing so ?
Nothing ; I stayed quiet ; my people also hid it from me ; they have
done so twice. Mr. Cauvin asked, What do they look like? Mostly
half-breeds, and rather short. Mr. Orpen asked, Were they tame ; and
whether, if white people went there, if they came to them ? He said,
No ; they ran away and hid their children. The white people often
came and took away their "children ; there are hardly any children left.
Mr. Bester said, Namainja, you must remember you are a chief, and
must tell the truth ; how does it happen you now say the white people
197
have often taken children, and before you said they had only taken them
twice? (this was a mistake.) He said, The white people first took them
by force twice, and then bartered them. Mr. Cauvin asked, If a Bushman
were murdered by the white people, and dragged by a riem round the
neck, do you think they would tell you of it? He said, They told me
about a year ago that a Bushman was shot near the Umkoonto. Mr.
Breuvel asked, Is it long since the white people were among the Bush
men, and shot them? He said, It is long since, but they are always
going there. Mr. Orpen asked, Why do the Bu>hmen exchange their
children ? Is it because they are hungry ? He said, No ; it is because
they know they will be taken by force. What are the names of the
Bushmen from whom children have been taken ? He said he did not
know, they are no longer under him. Mr. Orpen asked, did he know
who had taken the children ? He shook his head, and said, You live
far away, and are going back again, and the white people who take the
children remain behind. I cannot tell you their names ; I am afraid.
Mr. Cornelius van Rooyen here stood up and said, Namainja, do you
know that when a man makes a statement which he cannot prove, there
is a punishment. He said, Yes. Mr. Cauvin said, We are come to ex
amine into a case of murder and kidnapping, committed among these
Bushmen ; can you assist us or not ? He said, I cannot give you assist
ance ; I am afraid of Panda ; I am a dead man. Mr. Cauvin asked,
Do the Bushmen still live in the same place ? No ; since the white men
have been there, they live about the flats. Mr. Orpen asked, If you
send to the Bushmen and ask them to come here, so that I can see them,
will they come ? No, they would be afraid of us also ; we have tried to
tame them, but they are still wild. If you sent a Kafir with me, would
the Bushmen still be afraid to come to us? They would be less frightened,
but still they would be afraid.
Namainja then promised to give Mr. Orpen a man to assist him,
should he want one.
The Commission then left Namainja, and returned, about 4 p.m., to
the camp.
2nd, Sunday. — Mr. Cauvin, Bester, Van Aardt, and Breuvel determined
upon returning, upon the grounds that, since Namainja did not seem to
interest himself in the matter, although he is the chief to whom the
children belonged, our Government was not bound to go to any further
trouble or expense ; also, they could not see any possibility of discovering
the parents ofthe children, as they were a wandering people. Mr.
Orpen proposed proceeding to the spot where the occurrences took
place. All refused to do so, and will return to-morrow. Mr. Orpen
goes on.
3rd — Parted company with Messrs. Bester, Van Aardt, Breuvel, and
Cauvin ; also, Van Rooyen and Smit. About 10 a.m., started on
horseback, crossed the Pongelo, and arrived at Namainja's about 1 p.m.
He showed some unwillingness to assist, saying he was in great dread
of Van Rooyen. After some time, and showinghim the idleness of his fears,
he, however, consented, and we start to-morrow for the Umkoonto. Mr.
Shepstone's Kafirs told me to-day, that the interpreter had misinterpreted
some of what Namainja said, and left some part out altogether. Thus,
when Namainja was asked what he had done when told of the occur
rence, he did not say " I stayed quiet," but, " I examined into the case,
and could not find out the truth," and the following was left out.
o 3
198
Namainja, why are you going so far, and taking so much trouble in the
matter when the principal murderer is amon g you (meaning Van Rooyen) 1
4th. - Left Namainja about sunrise, and rode to a kraal near the Um
koonto, which we reached a little before sunset, and where they said
some Bushmen were. One Bushman arrived, after having been sent
for, about dusk. After explaining to him the object of the mission, and
Mr. Orpen telling him who he was, Mr. Orpen asked him his name—
Makozani, was it a custom among his people to sell their children, or
give them away willingly? He had never heard of such a thing.
Three of his children had been taken away by the servants of some
boers (when the corn was a foot high last year), but against his will ;
he only allowed them to be taken away because he thought they would
have killed him, had he tried to prevent it. He must acknowledge that he
had been given a few articles, when the children had been taken away,
viz., beads, meat, &c. He mentioned the names of nine other men, from
whom children had been taken, and, amongst others, Maxandeka,
the father ofthe children in Mr. Orpen's possession, at Winburg.
Mr. Orpen told him it was particularly about this man's children that
he had come, and asked, could he tell him where he was ? He was not
certain, for he had moved about, but he lived on the Umthleto. He
stated he had heard of a Bushman named Lalele being killed by whites.
After some more conversation, Mr. Orpen let him go, telling him to
come next morning, and that he would remunerate him could he show
where Maxandeka was.
5th. Makozani never came back. He was treated rather roughly by
the Kafirs when he came last night, and he struck one with a knob
kerrie, and we now suppose he is afraid of retaliation. About noon, the
Kafirs brought two other Bushmen — Mabuka and another ; they did
not seem so frightened as the other one. They stated their children had
also been taken away by boers. The one said he had sent his two
children to the other's kraal, and that while there the boers took them
away. The other said the boers came to his kraal one day and caught
all the four children, and then told him he must not be sorry, for they
would give him payment, and told him to come with them to the wagons.
He went a short distance with them, but then turned back. The boers
sent him two calves from their wagons. When the other Bushman came,
they slaughtered and ate them. Of course he did not give the children
willingly ; — said he knew Maxandeka, and had heard of his children
having been taken in the same way. He promised to go to a Bushman
named Umkaai, who knew where Maxandeka was, and who would
persuade him to go to Namainja's kraal to see Mr. Orpen. These
Bushmen say they grow corn enough to live upon during the whole
year. They had not heard of any Bushmen being killed by whites ;
rode part ofthe way back to Namainja's.
6th. Arrived at Namainja's about three p.m. As soon as we had
saddled off, Namainja said that Klopper had sent two Kafirs to tell him we
must go no further, and that we must return immediately. Mr. Orpen
then told him what he had done, and that we would wait two days at
the wagons for Maxandeka. He promised to do his best to get hold of
him. September 7th.
September 8th. — Namainja sent to tell us not to be in a hurry to go,
for the Bushmen had not yet come.
199
Sunday, 9th.— Namainja sent to say that the people who had been
sent for Maxandeka had returned, saying all the Bushmen had fled to
Umzwani's. Monday, 10th. — Trekked. Went up Balelas, at the Saw-pits, and
slept at the top ofthe hill looking down to Klopper's.
Tuesday, 11th — Went down the hill to Klopper's. Heard that the
other members of the Commission had, on their return here, examined,
along with the Landdrost of Buffel River (Spies), those boers mentioned
by the Odendaals as having accompanied them. What their statements
were we could not hear, hlept at Buffel River.
Wednesday, 12th. — Slept near Biggar's Berg.
Thursday, 13th.— Slept at Dirk Uys'.
Friday, 14th. — Slept at Ladismith.
(Translation.) * * *
True and loving Husband, — This will inform you that we are all
well, and hope that, through God's blessing, this will reach you in
health. With respect to further news, your corn is reaped and stacked, and
has returned home with all the other people. He has for his share
six head of cattle and one Kafir girl
Mr. has brought with him thirty-two large girls, and has
distributed them among the people at the rate of half a sovereign each.
On the 20th January, another commando will go from here to Ma-
loeck, but which is, as yet, kept secret.
46.
The Right Hon'ble Mr. Labouchere to Governor
Sir George Grey.
[No. 42.] Downing-street, 14th March, 1856.
Sir,— With reference to my despatch, No. 39, ofthe 10th
March, I transmit to you a copy of a letter addressed to the
Earl of Clarendon by the Portuguese Minister at this Court,
conveying the thanks of his Government for the prompt
measures taken by you to prevent Panda, the Chief of the
Zulus, from attacking the Portuguese establishments in
Dela^°a Bay' H. LABOUCHERE.
200
[Enclosure to Despatch No. 42 ]
Copy of a Note by the Portuguese Minister at London.
London, 1st March, 1856.
The Earl of Clarendon.
The undersigned, Envoy Extraordinary and Minister Plenipotentiary
of H. M. F. Majesty, at the Court of H. B. Majesty has received the com
mands of his Government to address His Excellency the Earl of Cla
rendon, &c. &c, thanking him, in the name of H. M. F. Majesty, for
the promptitude with which Sir George Grey, Governor ofthe Cape of
Good Hope, hastened, by means of his good offices, to prevent Panda,
the Chief of the Zulus, from going with a considerable force to attack the
Portuguese establishments situated in the bay of Lorengo Marques.
This noble proceeding of Sir George Grey caused great satisfaction to
H. M. F. Majesty, not only because it prevented the useless shedding
of blood, but also because he considered it as a further proof of the
sentiments of sincere and constant friendship which actuate the Gov
ernments of the two nations, Portugal and Great Britain, which have
been for a long time intimately allied.
The undersigned rejoices in having the honour of being, on this occa
sion, the interpreter of the feelings of gratitude of his Government
towards that of H. B. Majesty, and takes this opportunity with much
pleasure, &c. &c. (Signed) LAVRADIO.
47.
The Right Hon'ble Mr. Labouchere to Governor
Sir George Grey.
[No. 27.] Downing-street, 12th February, 1856.
Sir, — 1 have received your despatch, No. 37, of the 27th
November last, relative to the introduction of convicts
into Natal ; and I have to signify to you my approval of your
having informed the deputations who waited upon you on
that subject, that no expectation whatever must be enter
tained ofthe introduction of convicts into the district.
I have, &c,
H. LABOUCHERE.
48
The Right Hon'ble Mr. Labouchere to Governor
Sir George Grey.
[No. 29.J Downing-street, 15th February, 1856.
Sir, — I have received your despatch, No. 41, of the 3rd
of December, on the subject of the proposed removal of a
201
large portion of the native population at present in Natal to
the south-west of that colony, under the direction of Mr.
Shepstone. You have stated your views on this important question fully
and forcibly, and Her Majesty's Government will certainly
not countenance it in opposition to your arguments and
authority. I have therefore to signify to ycu my approval of your
having directed the Government of Natal neither directly or
indirectly to encourage or sanction any measures for currying
the scheme into effect ; and you will consider the provisional
instructions which were given to you on this subject, in the
despatch from this office of 20th of March, 1855, as revoked.
I have, &c,
H. LABOUCHERE.
49.
The Right Hon'ble Mr. Labouchere to Governor
Sir George Grey.
[No. 35.] Downing-street, 3rd March, 1856.
Sir, — With reference to the concluding paragraph of your
despatch, No. 41, of the 3rd December last, relative to
certain instructions stated to have been given to Mr. Shep
stone by Lieut.-Governor Pine, immediately before his
departure from Natal, for carrying into effect the scheme of
removing a body of the natives from the district, I transmit,
for your information, a copy of a letter which has been 2u February.
addressed to this office by Mr. Pine on the subject.
I consider the explanations which he ha3 furnished as
quite satisfactory. I have, &c,
H. LABOUCHERE
[Enclosure to Despatch No. 35.]
15, King-street, St. James', 22nd Feb., 1856.
John Ball, Esq., &c. &c.
Sir, — I have the honour to acknowledge your letter of the 18th inst.,
in which, by direction of the Secretary of State, you call my attention
202
to a report received from Governor Sir George Grey relative to certain
instructions alleged to have been given by me to Mr. Shepstone imme
diately before my departure from Natal.
2. In reply, I have the honour to state, in the first place, that the
report is in some points not accurate, as will appear by the following
statement : —
3. Many months before I left Natal, upon a representation of Mr.
Shepstone, to the effect that if immediate steps were not taken to secure
a provisional claim to the territory in question, it would not be possible
to do so, at all events without great difficulty,- I desired that gentleman
to take such steps, and I duly reported my having done so to the
Secretary of State, in my despatch No. 29, of the 3rd May, 1854.
4. We waited for many months with the utmost anxiety to receive
instructions from home on the subject, but none arrived; and Mr.
Shepstone represented to me that if certain preliminary steps were not
taken at once, such as giving notice to the people intending to remove,
and other matters of detail, the execution of his project must be deferred
for another year, at the imminent peril of its then becoming practicable.
I was aware that Sir George Grey had arrived at the Cape; but the
vessel reporting his arrival brought no communication from him. It
since appeared, however, that His Excellency had written to me by the
overland post; but the despatch did not reach Natal until after my
departure. Under these circumstances, I directed Mr. Shepstone to take the
proposed step3 ; but as the subject was of great importance and urgency,
I lost not a moment in proceeding to the Cape to see the Governor upon
it. But before I left, I told Mr. Shepstone that I would write to him
immediately I had seen Sir George Grey, in order that he might pro
ceed with or stay his preparations, according to His Excellency's
instructions. On my arrival at the Cape, I informed Sir George Grey of the steps
I had taken, and the object of my visit, when I found that, although he
had not finally decided against the project, he had very strong objections
to it. I therefore instantly wrote, both by ship mail and by an overland
express, through Colonel Maclean, the Chief Commissioner in British
Kaffraria, to Mr. Shepstone, desiring him to desist at once from pro
ceeding in the matter. I told Sir George Grey I had done so. By
the return mail, Mr. Shepstone wrote, informing me that my letter had
fortunately reached him in time to prevent his taking any steps of
importance. 5. This statement shows that the instructions given by me, under
which Mr. Shepstone had secured the provisional cession of territory,
were given and acted upon not " immediately before my embarkation
from Natal," but long previously. The statement further shows, that,
after giving the latter instructions to Mr. Shepstone, I took the most
speedy and the best means of communicating them to higher authority,
and of recalling them should they be disapproved.
6. I am aware, sir, that in giving these orders, 1 assumed a grave
responsibility ; but, with great deference to Mr. Labouchere' s opinion,
I humbly submit that, by thus acting, so far " from committing Her
Majesty's Government to a course of policy still under their considera
tion," I did precisely the reverse.
A project which I had strongly advocated was under the consideration
203
of Her Majesty's Government. I thought its decision would be in its
favour, but I had certainly no right to assume that it would not be so.
Circumstances seemed likely to take place, which, in the view of the
originator of the scheme, called for immediate measures to prevent its
becoming im practicable. Had I declined, therefore, to take these
measures, I should in fact have " committed Her Majesty's Govern
ment to a course of policy," namely, that of abandoning the proposed
scheme ;" and had Her Majesty's Government decided to adopt it, I
should in such case have been open to censure — that, by my supineness
and want of resolution, I had prevented the execution of a project
I had advocated, — had foreclosed the question under debate, and had
rendered the decision of Her Majesty's Government nugatory.
On the other hand, as the result has shown, the preliminary measures
ordered by me were not calculated to produce any practical error, in the
event ofthe abandonment ofthe project. I have, &c,
(Signed) BEN J. C. C. PINE.
50.
The Right Hon'ble Mr. Labouchere to Governor
Sir George Grey.
[No. 37.] Downing-street, 5th March, 1856.
Sir, — I have had before me your despatch, No. 32, ofthe
17th of November last, recommending the introduction into
Natal of coolie labourers from India.
I shall probably hear further from you on the proposal,
when you shall receive an answer to the letter which you
caused to be addressed upon it to the Secretary to the
Government of India. In the meanwhile, I enclose, for
your information, extracts of a report with which I desired
the Emigration Commissioners to furnish me upon the sub
ject ; and I have to state that I concur in the opinions which
they express.
Owing to abuses which sprung up in a former emigration
of coolies, through the agency of private individuals, the
Government of India, acting in accordance with the views of
the Court of Directors in this country, has for several years
prohibited emigration, except to particular colonies, and
under regulations carefully framed for the protection of the
emigrants. I shall communicate copies of the present corres
pondence to the Court of Directors ; and I hope that no
objection may be entertained to giving the necessary per
mission by law for the proposed emigration to Natal from
Bombay. The demand for emigrants already existing at
204
Calcutta and Madras, and the difficulty of procuring the
numbers sought by colonies which hold out the inducement
of very lucrative employment to coolies, would appear to
render it very improbable that Natal could command success
at those ports. I have, &c,
H. LABOUCHERE.
[Enclosure to Despatch No. 37.]
Extract of a Report from the Emigration Commissioners, dated 19th
February, 1856.
H. Merivale, Esq., Colonial Office.
We see no reason why the colonists of Natal should be prevented from
availing themselves of the advantages of Indian labour, and the pre
liminary step taken by Sir George Grey in communicating directly with
the Governments of India and Mauritius, appears likely to avoid delay,
and may, we conceive, be approved. We presume that when he is in
possession of the information he has sought from those quarters, he will
frame the regulations and enactments necessary to carry the scheme
into operation. The emigration will not of course be commenced till
these have been submitted to and approved by Her Majesty's Govern
ment and the Court of Directors. And some observations naturally
suggest themselves with reference to these.
1. Independently of the inconvenience resulting from competition
when emigrants are despatched from the same port to different colonies,
such is now the demand for coolies at Calcutta, that it has been found
impossible during the present season to procure there the numbers re
quired for the West Indies, and we should fear it would be still more
difficult to obtain them from thence or from Madras, on favourable terms,
for a fresh colony. We, therefore, would recommend that the emigration
to Natal should be commenced at Bombay. Experience has shown that
emigrants can be procured from that quarter, and though the conveyance
of the emigrants from thence to the Mauritius was more costly than from
Calcutta and Madras, it cannot be inferred with any certainty that the
same difference would exist at the present moment, and in respect to
Natal. At any rate, the disadvantage of direct competition with Mauritius
and the West Indies would be greater than that of a moderate enhancement
of the first expenses of the emigration.
2. We do not understand Sir George Grey to contemplate giving
coolies free return passages. We think, however, on every consideration,
that this boon ought to be conceded, and we should anticipate that the
Court of Directors would insist upon it. Between India and Mauritius
the communication is so well established, and the return passage procur
able on such easy terms (about £1 a-head), that there is no necessity for
the interference of Government to secure the coolies the means of getting
back to India. But with Natal, frequent intercourse is not to be ex
pected for some time, nor is it clear that the rates of passage may not be
very high in comparison with the wages obtainable, and consequently with
the savings which the coolie can accumulate in Natal. However, it has
205
been found impracticable to obtain emigrants for the West Indies from
Calcutta, without the promise of a free return passage ; and the same
difficulty would most probably occur with regard to the new and unknown
destination of Natal. We think, however, that if the coolie is at liberty
to return to India at his own expense, after five years' industrial residence,
the free return passage need not be claimable from Government till he
has been in the colony for ten years, the period allowed in the case of
the West Indies.
3. The provisions of the Natal ordinances will probably depend, in
some particulars, on local circumstances. But we think it advisable to
annex, for the information of the colonial authorities, copies of three ordi
nances passed by the colonies of British Guiana, St. Lucia, and Trinidad, Brit. Guiana,
all of which have been approved by the Secretary of State, and the two No. 7, of 1854.
last were in close accordance with a model ordinance prepared in this ^ 3Uon854.
country. They will show the views of the Secretary of State, and will Trinidad,
probably be found to contain many provisions which maybe usefully No. 24, of 1854.
introduced in Natal. The Emigration Agent at Bombay will of course gration0Com-"
be appointed after communication with the Bombay Government. At missioners.for
Natal, where there is already an Immigration Agent, who is an ex- 1855-
perienced officer, quite capable of dealing with the first importation, which
will probably be very limited in numbers, as by the enclosures to the
Governor's despatch of 1st December last, No. 40, it would appear that
the planters who were in communication with him had mentioned that
about 300 would be sufficient.
On the whole, therefore, it appears to us that the Court of Directors
might properly be requested to direct the passing of such laws in India
as might be necessary to set on foot emigration from Bombay to Natal,
on the same terms as those in force at Mauritius, but with the additional
right to a free passage to Bombay after ten years' residence in Natal, and
that the annexed ordinances should be sent to Sir George Grey, as showing
the provisions respecting the wages, medical care, and general protection
and discipline of the immigrants, with which Her Majesty's Govern
ment would be satisfied.
51.
The Right Hon'ble Mr. Labouchere, to Governor
Sir George Grey.
[No. 47.] Downing-street, 2nd April, 1856.
Sir, —With reference to your despatch, No. 32, of the
17th of November, 1855, proposing the introduction into
Natal of coolie labourers from India, and to my reply (No.
37, of the 5th March), I transmit, for your information and
guidance, a copy of a letter, with its enclosure, on the sub-20thMar.i856:
ject, addressed to the India Board by desire ofthe Court 0fEuclosure-
Directors of the East India Company. I have, &c,
(Signed) H. LABOUCHERE.
206
[Enclosure to Despatch No. 47.]
East India House, 20th March, 1856.
The Secretary, India Board.
Sir, - 1 am commanded to acknowledge the receipt of your letter
of the 14th instant, transmitting, for the consideration of the Court of
Directors, the copy of a letter from the Colonial Office, with the papers
accompanying it, on the subject of a proposal for the introduction of
labourers from India, into the province of Natal, in Southern Africa
2. The Emigration Commissioners have pointed out some ofthe diffi
culties with which the scheme would be attended. From the inadequate
supply of eligible candidates for emigration to meet the demand, the
necessary consequence has already followed, that a preference has been
given to emigration to Mauritius, over emigration to the West Indies.
The same preference, it is apprehended by the Commissioners, would
operate against the proposed emigration to Natal. The Court of Direc
tors conceive, moreover, that the rate of wages specified in the letter
from the Secretary to the Government of the Cape of Good Hope, viz.,
5s. to 6s. a month, " with ample rations," would hold out little induce
ment to Indian emigrants. The Court are decidedly of opinion that
provision should be made for the free return of the emigrants, at their
own option, after a fixed period of industrial residence, and that the
terms on which they emigrate should be made distinctly intelligible to
each individual before leaving India.
3. Whether emigration to Natal would admit of being successfully
prosecuted from Bombay, whether, as suggested by the Emigration
Commissioners, it ought to be limited to that presidency, and what
rules ought to lie laid down for the protection and welfare of the emi
grants, are questions which cannot be satisfactorily inquired into and
decided in this country. The Court of Directors, therefore, deem it
the proper course of proceeding, that the Governor-General in Council
should merely be authorised to pass a law, permitting the proposed
emigration to Natal, in such mode and under such conditions as, after
the requisite information on the subject has been obtained, may be
deemed just and expedient.
A despatch to that effect has accordingly been prepared, and is here
with submitted for the sanction ofthe Board of Commissioners.
I have, &c,
(Signed) JAMES C. MELVILL.
Copy of a Despatch from the Court of Directors to the Governor-Gen
eral of India in Council.
We transmit to you the accompanying copy of a letter from the
Secretary to the Board of Commissioners for the affairs of India, with
copies of its enclosures, with regard to a proposal by the Governor of
the Cape of Good Hope, that the emigration of labourers should be per
mitted from India to the province of Natal, in Southern Africa. We
also enclose a copy of the reply to the letter from the Board of Com
missioners, and we authorise you, after obtaining the requisite informa
tion on the subject, to pass a law, permitting the proposed emigration to
Natal, in such mode and under such conditions as you may deem just
and expedient.
207 52.
The Right Hon'ble Mr. Labouchere to Governor
Sir George Grey.
[No. 45.] Downing-street, 20th March, 1856.
Sir, —I have considered with great interest and attention
your despatch, with its enclosures, No. 46, of the 18th
December last, reporting the outline of a system for the
management of British Kaffraria, by establishing European
magistrates as assessors to the native chiefs, which you were
preparing to introduce, and of which the project had already
been communicated to some of the chiefs.
I presume that you would not have already taken decisive
measures without having had any previous communication
with Her Majesty's Government, upon a subject of such
importance, if you had not been of opinion that any delay
would endanger the success of a policy which you considered
necessary to avert great calamities from the district and the
neighbouring colony, as well as calculated to promote the
interests of the native inhabitants. Her Majesty's Govern
ment have so much reliance on your judgment and experience,
that they will expect the result of these measures with hope,
although not without some anxiety. They are, however,
fully sensible of the advantage which you derive from being
on the spot, in forming opinions on such a subject. And I
shall at all times be most unwilling to interpose any obstacles
in the way of the course which you may think it right to
adopt, in dealing with the native tribes ; the general outlines
of the policy approved by Her Majesty's Government being
fully known to you through the correspondence between this
department and yourself.
I should be glad to receive further explanation on one
point. I observe that the payments by way of compensation,
together with those to three of the magistrates, are estimated
in the enclosures to your despatch at about £3,500 per
annum ; but you have not informed me from what source
this, and any other expenditure which the progress of this ex
periment may require, is to be defrayed. And your despatch
leads me to conclude that the fines alone cannot suffice for
this purpose, as the measures which you propose will appar
ently reduce, to a great extent, the amount hitherto levied
by authority of the chiefs.
208
I fully agree with yourself, that the success of this measure
must essentially depend upon the character and qualifications
of those whom you may select to perform the difficult and
important functions of magistrates, under your proposed
system. I have, &c,
(Signed) H. LABOUCHERE.
53.
The Right Hon'ble Mr. Labouchere to Governor
Sir George Grey. .
[No. 46.] Downing-street, 1st April, 1856.
Sir, — I have received your despatch, No. 1, of 16th
January, transmitting a return of public works in British
Kaffraria performed by Kafir labour, up to the 1 1th Decem
ber, 1855, and I have to express to you the satisfaction with
which Her Majesty's Government have learnt the success, up
to that date, of the experiment of employing the Kafirs upon
public works. I have, &c,
(Signed) H. LABOUCHERE.
54.
The Right Hon'ble Mr. Labouchere to Governor
Sir George Grey.
[No. 53.] Downing-street, 16th April, 1856.
Sir, —I have received your despatch of the 11th Decem
ber last, marked " confidential," relative to the payment of
the stipend of £300 per annum to Adam Kok, chief of the
Griquas, and I transmit for your information a copy of a
12th April, letter addressed to this office by desire of the Lords of the
Treasury, conveying their sanction for the payment of this
from Imperial funds until the arrangement which you have
proposed for its future payment can be effected.
I have, &c,
H. LABOUCHERE.
209
[Enclosure to Despatch No. 53.]
Treasury Chambers, 12th April, 1856.
H. Merivale, Esq.,
Sir,— I am commanded to acquaint you, with reference to your letter
of the 4th instant, that the Lords Commissioners of Her Majesty's
Treasury are willing to concur in the opinion expressed by Mr. Secretary
Labouchere, and Governor Sir George Grey, that the allowance of
three hundred pounds per annum to Adam Kok, chief of the Griquas in
South Africa, should be defrayed from Imperial funds until the arrange
ment for the payment of this stipend by the Orange Free State Can be
effected. This sum will, for the present, be properly chargeable upon the vote
for expenses arising out of the cession of the Orange River Territory,
and should be included in the estimate which it is proposed to submit to
Parliament in the next session ; by which time their Lordships trust that
the amount for which it will be necessary to make provision for all
services connected with the Orange River Territory will have been]clearly
ascertained. I have, &c,
(Signed) JAMES WILSON.
55.
The Right Hon'ble Mr. Labouchere to Governor
Sir George Grey.
[No. 54.] Downing-street, 19th April, 1856.
Sir, — I received your despatch, No. 45, of 14th Decem
ber last, bearing testimony to the exertions made by Colonel
Cooper, administering the Government of Natal to induce
the inhabitants of the district to establish a local corps, and I
transmit, for your information, a copy of a letter addressed to 5th April.
the War Department on the subject, by desire ofthe Field-
Marshal Commanding in Chief.
Previously to the receipt of your despatch, Lord Panmure
had sanctioned the issue from the public stores, at Natal, of
250 stand of arms, for the service of the local corps.
I have, &c,
(Signed) H. LABOUCHERE.
[Enclosure to Despatch No. 54.]
Horse Guards, 5th April, 1856.
Colonel Mundy, &c, &c, &c.
Sir, — Having submitted to the Field-Marshal Commanding in Chief
your letter of the 2nd instant, with the accompanying copy of a despatch
P
210
from the Governor of the Cape of Good Hope,— I am directed to request
that you will inform the Secretary of State for War, that his Lordship
has perused, with much satisfaction, the letter from Sir George Grey,
bearing testimony to the creditable and successful exertions of Colonel
Cooper, of the 45th Regt., who has recently administered the Govern
ment of Natal, in raising volunteer corps for their own defence, instead
of relying altogether upon Great Britain, I have, &c,
(Signed) C. YORKE.
56.
The Right Hon'ble Mr. Labouchere to Governor
Sir George Grey.
[No. 61.J Downing-street, 10th May, 1856.
Sir, — With reference to your despatch, No 134, of 7th
December last, recommending that the limited number of
enrolled pensioners who had volunteered to proceed to
British Kaffraria should be sent out from this country, I
transmit, for your information, a copy of a letter from the
War Department on the subject. I have, &c,
H. LABOUCHERE.
[Enclosure to Despatch No. 61.]
War Department, 5th May, 1856
H. Merivale, Esq.
Sir, — I have laid before Lord Panmure your letter ofthe 26th ultimo,
with its enclosures, from the Governor of the Cape of Good Hope,
relating to the apprehension of an outbreak among the native tribes on
the frontier of the colony.
With regard to the sending out pensioners to the colony, to which
you refer in the last paragraph of your letter, I am to state, for the infor
mation of Mr. Secretary Labouchere, that it is not deemed necessary by
Lord Panmure to ascertain whether the few pensioners who had volun
teered in the summer of last year to proceed to the Cape of Good Hope
were still willing to do so, while the still larger, and, apparently, more
useful measure of settling the disbanded soldiers of the British-German
Legion in that colony was under reference to the Governor Sir George
Grey; but that His Lordship has been informed by the Superintendent of
Pensioners that it is probable that very few of the men who had so volun
teered could be depended upon, were the offer (which is not regarded as
sufficiently advantageous) to be renewed.
211
I am to take this opportunity of acquainting you that Lord Panmure
has requested the Field-Marshal Commanding-in-Chief to send out forth
with to the Cape, if the state of the corps will admit of it, a company of
Sappers and Miners, to assist in the establishment of the propped
military villages on the frontier. I have, &c,
(Signed) G. C. MUNDY.
57.
The Right Hon'ble Mr. Labouchere to Governor
Sir George Grey.
[No. 62.] Downing-street, 16th May, 1856.
Sir, — I have had under my consideration your despatch,
No. 44, of the 13th December, 1855, explaining a plan for
the disposal of the public lands in Natal by grants upon
quitrent. I feel too much confidence in your experience and judg
ment to disallow such a measure on this subject, as, after
full consideration, you may be prepared deliberately to re
commend as best for the public interest in Natal. But I
think it important to bring within your notice the facts reca
pitulated in the accompanying extract of a report, made at my Aprii26,i856
desire by the Emigration Commissioners, upon the present
question, which facts appear to show that similar measures
have been tried before without success, and attended by
results which can hardly be supposed favourable to the future
prosperity of the colony. With this remark, I shaH leave
the matter in your hands, merely adding that if, on the whole,
you see sufficient ground to adhere to the plan of offering
grants of land upon quitrent, it appears to me that it will
be expedient to provide for the redemption of the quitrent
upon easy terms. You will be so good as to report ,to me
the conclusion which you may adopt.
I have, &c,
H. LABOUCHERE.
[Enclosure to Despatch No. 62.]
Extract of a Report from Emigration Commissioners, dated
Emigration Office, 26th April, 1856.
5. There can be no second opinion as to the paramount importance of
this question, or as to the obligation of the Government, to make every
p 2
212
effort to rectify the state of things which Sir G. Grey has so forcibly,
and, no doubt, truly described. Nor would it be reasonable to look at
this matter in an economical point of view only, or to allow any pre
conceived theory as to the best mode of dealing with Crown lands
generally, or the experience derived from other colonies differently
situated, to fetter our judgment in considering the manner of dealing
with the question in Natal The question there, must be looked upon
as political rather than economical, and there cannot be a doubt that the
establishment of a well affected and industrious European population
would be cheaply purchased by the sacrifice of the whole price which
could be realised by the sale of the land.
6. Considering, moreover, the large experience which Sir G. Grey
has had in dealing, both with the disposal of Crown lands and the man
agement of native tribes in other British colonies, we should, under
ordinary circumstances, consider his opinion on the subject as only not
conclusive. But as we infer from his despatch that he is not aware of
what has already been done in regard to land in Natal, nor how very
similar to the present have been the schemes already tried by successive
Governors of the Cape of Good Hope, and how uniformly they have
resulted in disappointment, and the failure which he records, we think it
our duty to recapitulate them very briefly for Mr. Labouchere's informa-
Par.Parl.Paper tion. In the margin we place the dates of the several parliamentary
1848 papers in which the correspondence on this subject will be found.
Do. [1292], 7. The British Sovereignty over Natal was established in May, 1843,
Aug., 1850. and a Commissioner (Mr. Cloete) was immediately appointed to in
vestigate land claims. Under his report, farms of 6,000 and 2,000
acres, subject only to a quitrent, were, in 1844 and 1845, granted by
Sir P. Maitland to large bodies of settlers ; but the. grants were so little
sought after, that in April, 1846, it became necessary to issue a notice,
warning claimants against the abandonment of their lands. This notice
failing of effect, and the boers continuing to leave the colony, Sir P.
Maitland, in June, 1846, at the suggestion of the Natal Government,
increased the smaller farms from 2,000 to 6,000 acres each, and even
authorised an advance of the survey fees to those who could not pay
tBem Nevertheless, in May, 1847, the Secretary at Natal reported that
a " very large proportion ofthe registered farms, generally, are at present
unoccupied." In December, 1847, Sir H. Smith succeeded Sir P.
Maitland as Governor of the Cape, and early in 1848, he proceeded' to
Natal. In crossing the Drakenberg, he found a number of Dutch
families trekking, and, like Sir G. Grey, attributed it to their discontent
with the land regulations. He, therefore, appointed a Land Commis
sion, to inquire into land cases, placing scarcely any restriction upon
their decisions, but desiring them to consider all cases liberally, and in
doubtful cases to give the claimant the benefit of the doubt. In May,
1848, he still further extended the operations of this Commission in
Sir H.Smith, favour of claimants; and eventually, land claims were admitted by the
Pari Papers! Commission °n the part of 360 persons to the extent of 1,773,422 acres.
1851. ' Yet, out of the above 360 claims, 48 had already been forfeited before
Sir H. Smith, November of the same year, and there seemed great reason to apprehend
l6thNov.,i85l. that a large proportion of the remaining grantees would abandon their
1852.' pers' land- To prevent this, the principal conditions annexed to the grants
were, on Mr. Pine's recommendation, given up ; and in August, 1851,
Mr. Pine, who had not previously been sanguine of success, expressed
213
his belief that the Klip River boers would, in consequence, remain, and
even that others would come in from the Vaal River. From the
description which Sir G. Grey has given of the state of the colony, we
presume that Mr. Pine's expectation was not fulfilled.
8. So far, then, as experience goes, it would seem to show that there is
not much hope of fixing the boers in the colony by facilitating their
acquisition of land. Indeed, considering the quantiiies which were supposed
to have been alienated in the various land schemes between 1843 and
1851, and the liberal principles on which Sir H. Smith's Land Commission
was instituted in 1847, we are surprised to learn that there is any con
siderable number of this class to whom additional land is an object of
desire. We do not know exactly the number of the European popula
tion of Natal, but it cannot exceed a few thousands.* The land possessed
by them would appear, from Sir G. Grey's despatch, to amount to
something like four millions of acres.
Total Land in Natal, 12,500,000 acres.
Held for Natives, . . 1,300,000
Crown Lands, . . . . 7,000,000
8,300,000
In possession of Europeans, . . . . 4,200,000 acres.
It seems hardly possible to conceive that under such circumstances
the grant of additional land can be required to induce the boers to settle.
Nor is any other explanation necessary of that absence of purchase of
country lands to which Sir G. Grey refers.
9. Although we do not venture to suggest that Sir G. Grey's proposed
scheme should be disallowed, we have felt it our duty thus to recapitulate
what has passed ; because, when an emigration from England to Natal was
some years since set on foot, very great inconvenience was felt, from the
large quantities of land which had been granted in the colony, and which
were held either by the boers or the jobbers who had bought from them.
We cannot, therefore, think that the late regulations, if they had the effect
of checking the alienation of land, or, in Sir G. Grey's words, of causing
it to "have remained locked up since 1844," in thi3 respect they
operated not injuriously, but the reverse. As regards any future emigra
tion, there can be no question that Sir G. Grey is right in stating that a
European labouring population cannot exist in Natal with native labour,
and that there is no ground, therefore, for maintaining a high price of
land in order to force emigrants to remain for a certain period in the
condition of labourers. In Natal, the European must stand to the native
in the relation of master and employer, and consequently those who are
sent out should be persons possessing some small means and a knowledge
of country occupations. Whether among the Germans who now resort
to the United States, or among the foreign troops now in the pay of
Great Britain, such persons could be found, and if so, whether the
means of assisting to pay for their passages could be afforded, are ques
tions upon which, perhaps, we should not now be justified in entering.
But if such an emigration could be set on foot, Sir G. Grey might
probably not think it necessary to revert to a system for the disposal of
* The European population was stated in the Blue-book for 1854 at 7,629, in
which case the land in their possession would amount to upwards of 520 acres per
head.
p 3
214
land in Natal, which, although recently re-established in the Cape, had
been condemned by universal experience in every other colony of Great
Britain, and to which the objections are so obvious. We have ourselves
no doubt that the principle of sale, from its general fairness, from its
exclusion of favouritism, or the suspicion of it, on the part of the Execu
tive, from the check which it imposes on land-jobbing, and from
the facility which it affords for the collection of revenue, must eventually
be the most advantageous system for every country ; and although the
circumstances of Natal are very different from those of Canada or Aus
tralia, the difference is not, we think, of a nature to facilitate the working
of a quitrent system.
10. In conclusion, we think it necessary to advert to the remark in
the 25th paragraph of Sir G. Grey's despatch, that the plan which he
proposes for Natal " has been already introduced into the Cape colony,
with the entire approval of Her Majesty's Government." We are not
aware whether any such approval has been expressed, nor until we
received this despatch were we aware that the plan in question had
been introduced there.
11. The only information on the subject which has yet reached us
is contained in Governor Darling's despatch, enclosing the report of a
committee of the House of Assembly ; and we rather looked for an ex
pression of Sir G. Grey's opinion upon the measure recommended in
that report for adoption at the Cape. In our general report for 1844,
page 27, will be found a history of the land question in that colony, and
of the circumstances which led to the abolition of the disposal of land on
the quitrent system which is now to be established. The management
of the Crown lands at the Cape having been surrendered to the local
Government, the Secretary of State would obviously not wish to inter
fere with their measures; but as the change has not, that we are aware of,
yet been formally sanctioned, we have thought it right to call atten
tion to the point.
58.
The Right Hon'ble Mr Labouchere to Governor
Sir George Grey.
[No 69.] Downing-street, 31st May, 1856.
Sir, — I have received your despatch, No. 11, of 29th
February, transmitting a copy of the reply of Panda, king of
the Zulus, to the message which you sent him regarding an
attack which he was said to be meditating upon the Portu
guese possessions ; and I concur in your opinion that this
reply is very satisfactory. I have, &c,
H. LABOUCHERE.
21559.
The Right Hon'ble Mr. Labouchere to Governor
Sir George Grey.
[No. 72.] Downing-street, 6th June, 1856.
Sir, — With reference to your despatch, No. 30, ofthe 16th
November last, I have to acquaint you that the Legislature
of Natal have passed an ordinance to enable natural-born
subjects of Great Britain and Ireland to dispose of their
property by will and testament, according to the law of
England, and that the Queen has been pleased to confirm
and allow this ordinance. I have, &c,
H. LABOUCHERE.
60.
The Right Hon'ble Mr. Labouchere to Governor
Sir George Grey.
[No. 100.] Downing-street, 2nd October, 1856.
Sir, — I have received your despatch, No. 54, of the 7th
of June, in which you enclose a copy of a letter you had
written to the President of the Orange Free State, inviting
him to address you upon any future occasion of threatened
danger from the Basutos, or other native tribes beyond the
boundary, in order that you might ascertain whether it would
be consistent with your duty to intervene in the interests of
peace. I entirely approve of your proceedings in this matter.
I have, &c,
H. LABOUCHERE.
61.
The Right Hon'ble Mr. Labouchere to Governor
Sir George Grey.
[No. 118.] Downing-street, 13th November, 1856.
Sir, — I have received your despatch, No. 87, ofthe 27th
of August, and I approve of your having issued the procla-
216
mation of pardon to the Hottentots implicated in the rebellion
of 1851 and 1852, on the conditions contained therein.
I have further to acknowledge your despatch, No. 91, of
the 19th September, enclosing a copy of an address to you
by these Hottentots, expressive of their gratitude for this act
of mercy to them on behalf of Her Majesty.
I have, &c,
H. LABOUCHERE.
62.
The Right Hon'ble Mr. Labouchere to Governor
Sir George Grey.
[No. 129.] Downing-street, 22nd November, 1856.
Sir, — I have to acknowledge your despatch, No. 38, of
the 22nd May last, reporting on the subject ofthe capture
and sale of certain children, and other persons, by Europeans
residing without the limits of the colony.
16th October. 2. I have now to transmit to you copy of an opinion which
I have received from the law advisers of the Crown, agreeing
with those obtained at the Cape and Natal, to the effect that
the transactions to which this correspondence relates do not
constitute offences against the statutes for the suppression of
the slave-trade.
3. However much Her Majesty's Government may regret
that any persons acting in the name of the British Govern
ment should have been connected with violent and unjust
acts of this description, through the highly censurable conduct
of Major Warden, they cannot, with this opinion before
them, authorise you to take any steps founded on the suppo
sition that those transactions were of an illegal character.
There can be no doubt that the system of apprenticing in
question is open to serious abuse, and that it will require vigi
lance and perseverance to prevent a form of slave-dealing
from becoming organised on the frontier under colour of this
usage. Her Majesty's Government fully approve of your
intention to propose to the Legislatures of the Cape and Natal,
laws for the protection of natives who may be introduced
217
into the colonies under colour of the system. And it is very
satisfactory to learn that the President and principal author
ities of the Orange Free State are heartily engaged in the
endeavour to put an end to it * * * * *
I have, &c,
(Signed) H. LABOUCHERE.
[Enclosure to Despatch No. 129.]
Doctors' Commons, 16th October, 1856.
The Right Hon'ble H. Labouchere, M.P., &c. &c. &c.
Sir, — In obedience to your commands, signified in Mr. Merivale's
letter of the 30th August, in which he states : —
That in the independent States recently established in South Africa,
a practice prevails among the boers of obtaining possession of the chil
dren of native Africans, sometimes as captives of war, sometimes by
purchase from their parents, sometimes by mere violence, said, in some
instances, to have been accompanied by murder, and of indenturing the
children so procured to themselves, up to the age of 22 years in the case
of females, or 25 years in the case of males, — the persons thus indentured
(or as it is called " inboeked ") not being by law transferable, but, it is
said, notoriously so transferred, and regularly sold at ,£10 or £15 each.
That in 1850-1, after an expedition against some natives who had
murdered a farmer, captives were thus inboeked in British territory to
British subjects, by a British officer, the proceeding being duly reported
to the colonial authorities, and that, last year, a case occurred in which a
boer, residing in British territory, had procured in the Trans-Vaal
republic, five children, said to be orphans taken in the wars, whom he
brought to the local authorities within such British territory, in order
that they might be indentured to him.
That the local law, which seems most nearly to apply to such cases, is
contained in the ordinance No. 49, of 1828, the ordinance No. 3, of 1848,
and the proclamation annexed to it.
That by the acts 5 Geo. IV, cap. 113, sees. 2, 3, 10, and 6 and 7
Victoria, cap. 98, sec. 1, persqps who (inter alia) remove or carry away
slaves or other persons, as, or in order to their being dealt with as slaves,
(5 Geo. IV, cap. 118, sees. 3, 10), are punishable, whether the offence
is committed (6 and 7 Victoria, cap. 98, sec. 1) within the dominions
of the British Crown, or by a British subject in any foreign country.
But it is doubtful whether these acts apply to the cases of persons re
moved into British colonies in South Africa for the purpose of being
indentured under the provisions of the local law.
Mr. Merivale was also pleased to request our opinion, first, whether
the indenturing of native Africans under the above colonial ordinances
is an unlawful appropriation of their labour? and secondly, whether,
and to what extent, the transactions above described, if effected by
218
British subjects, or wtthin British jurisdiction, constitute offences against
the imperial statutes above quoted, or any other laws for the suppression
of the slave-trade ?
We have taken this case into our consideration, and have the honour to
report, —
That, upon the assumption that the whole of the colonial law upon
this subject is contained in the ordinances cited and mentioned in Mr.
Merivale's letter, we are of opinion that the indenturing of native
Africans under (that is, in conformity with) the above colonial ordi
nances, is not an unlawful appropriation of their labour ; and secondly,
we are of opinion that the transactions described in Mr. Merivale's
letter, if effected by British subjects or within British jurisdiction, do
not constitute offences against the imperial statutes mentioned by Mr.
Merivale in his letter, or any other law for the suppression of the slave-
trade. We may add that the practice of indenturing children and adults,
taken in the manner described, is extremely likely to lead to abuse, and
that it seems to require some further regulations, which should be the
subject of local enactment We have, &c,
(Signed) J. D. HARDING.
A. E. COCKBURN.
RICHARD BETHELL.
CHARTER OF NATAL.
VICTORIA, by the grace of God of the United Kingdom
of Great Britain and Ireland, Queen, Defender of the Faith.
To all to whom these presents shall come, greeting :
Whereas we are desirous of making provision for the
more effectual government of the territories occupied by our
subjects throughout the district of Natal in South Africa :
Revocation of And whereas, by certain letters-patent under the Great
ofuly'Ih ent Seal °f our United Kingdom of Great Britain and Ireland,
1844; April 30, bearing date at Westminster, the thirty-first day of May, one
1847- January' thousand eight hundred and forty-four, in the seventh year
15, 1850. 0f our reignj we did annex the said district of Natal to our
colony of the Cape of Good Hope, as a part or portion thereof,
under such limitations and reservations as in the said letters-
patent are more particularly set forth :
And whereas, by certain other such letters-patent under the
Great Seal of our United Kingdom of Great Britain and
Ireland, bearing date at Westminster, the thirtieth day of
April, one thousand eight hundred and forty-five, in the
eighth year of our reign, we did constitute and appoint that
our said district of Natal should thenceforth be constituted
219
and become a distinct and separate government, to be admin
istered in our name and on our behalf, in manner therein
mentioned :
And whereas, by certain other such letters-patent, bearing
date at Westminster, the second day of March, one thousand
eight hundred and forty-seven, in the tenth year of our
reign, we did consitute a legislative council for our said
district of Natal :
And whereas, by certain other such letters-patent, bearing
date at Westminster, the fifteenth day of January, one
thousand eight hundred and fifty, in the thirteenth year of our
reign, we did declare our will and pleasure, that if, at the
time of the death, absence, or incapacity of our said
Lieutenant-Governor of our said district of Natal, there
should be no person within our said district commissioned to
be such Lieutenant-Governor, then, and in every such case, the
senior officer for the time being in command of our troops
in our said district, should take upon himself the administra
tion of the office of Lieutenant-Governor of our said district,
until some person should have been provisionally appointed
by our Governor of our colony of the Cape of Good Hope,
or by the officer for the time being administering the govern
ment of our said colony, to administer the aforesaid office of
Lieutenant-Governor of our said district of Natal: And
whereas in all the above-recited letters-patent we did reserve
to ourselves power to revoke the same : Now know ye, that
we have revoked and determined, and do by these presents
revoke and determine, the aforesaid several recited letters-
patent, and all and every clauses, articles, and things therein
contained, except as hereinafter provided, so far only excepted,
and no further, that the Legislative Council of our said
district of Natal, as constituted by our said recited letters-
patent of the second day of March, one thousand eight
hundred and forty-seven, in the tenth of our reign, shall
continue to hold, exercise, and execute all and every the
authorities, powers, and functions given and granted by us
to the said council by our said letters-patent, until the return
of the first writs for the election of the members of the future
Legislative Council, as constituted under and by virtue of
these presents, and no longer.
And further know ye, that we of our especial grace, certain District of
knowledge and mere motion, have thought fit to erect, and do ^toacorionydof
hereby erect, the said district of Natal into a separate colony, Natal.
220
and the same is hereby erected into a separate colony accord
ingly, to be called the Colony of Natal.
Government of And we do hereby declare and appoint that the govern-
admlmstered ment of our said colony shall be administered by a Governor,
iIeut0-Gonv°err'- duty commissioned by us, or in the event of his death,
nor, or officer incapacity, or absence from our said colony, or if no Gover-
Her°Majesty's nor shall have been commissioned by us, by a Lieutenant-
undMSign5 Governor appointed by our warrant, under our sign manual
Signetaland an(^ S]gnet, or in the event of his death, incapacity, or
absence from our said colony, or, if there be not on the place
a Lieutenant-Governor appointed by us, then by the person
who is or shall be by us designated and appointed by the in
structions under our sign manual accompanying this our
charter, or by any future instructions as aforesaid, to take
upon himself the administration of the governmeut of our
said colony.
Powersgranted And we do hereby grant, appoint, and ordain, that all the
to Governor, ,. l o -.- i i • j <. 1
also granted to powers, directions, and authorities hereby given and granted
nOT,Uor officer" to our Governor, for the time being, of our said colony of
administering Natal, shall be, and the same are hereby given and granted
to our Lieutenant-Governor, for the time being, of our said
colony, or other person for the time being administering the
government of our said colony, until our further pleasure
shall be signified thereon.
Public seal. And we do hereby authorise and empower our Governor
of Natal, to keep and use the public seal appointed for the
sealing of all things whatsoever that shall pass the seal of our
said colony.
Comcii1™ ^"^ wuereas i* is expedient that there shall be an Execu
tive Council to advise and assist our Governor of Natal, we
do, by these our letters patent, authorise and empower our
said Governor to summon, as an Executive Council, such
persons as shall, from time to time, be named or designated
by us in any instructions under our sign manual and signet
addressed to him in that behalf.
And whereas it is expedient to alter the constitution ofthe
Legislative Council of the said colony, we do hereby grant,
appoint, and ordain as follows :
I. Powers and We do hereby authorise and empower our said Governor
"S^of Natal, with" the advice and consent of the Legislative
Powers. Council thereof, to make all such laws as may be necessary for
the peace, order, and good government ofthe said colony, pro
vided that the same be not repugnant to the laws of England.
221
The Legislative Council of Natal shall consist of sixteen Number.
members, of whom twelve shall be elective, and four non-
elective. The non -elective members shall consist of such public Appointment
officers within the said colony, or of such other persons Members!0 r
within the same, as shall, from time to time, be named or
designated for that purpose by us by any instruction or
instructions, or warrant or warrants, to be by us, for that
purpose, issued under our sign manual and signet, with the
advice of our Privy Council, which said councillors shall
hold their places in the said council at our pleasure.
It shall be lawful for our said Governor, upon the death, Their suspen-
resignation, incapacity, or absence from the said colony of81 n'
any such non-elective member of the Legislative Council to
appoint a substitute, who shall act provisionally in the place
of such member until other provision shall be made by us.
The elective members shall be chosen by the electors of Electoral
the following eight electoral districts, that is to say : —
1. Two for the county of Klip-river,
2. One for the county of Weenen.
3. One for the county of Unwoti.
4. Two for the county of Pietermaritzburg.
5. One for the county of D'Urban.
6. One for the county of Victoria.
7. Two for the borough of Pietermaritzburg.
8, Two for the borough of D'Urban.
Every man, except as hereinafter excepted, above the age Qualification
ri { ' r , -ii ? of Electors.
of twenty-one years, who possesses any immoveable property
of the value of £50, or who rents any such property of the
yearly value of £10, within any electoral district, and who is
duly registered in manner hereinafter mentioned, shall be
entitled to vote at the election of a member for such district.
When any such property, as aforesaid, is occupied by more
persons than one, as proprietors or renters, each of such
occupants, being duly registered, shall be entitled to vote in
respect of such property, provided the value, or, as the case
may be, the rent thereof be such as would entitle each of
such joint occupants to a vote if equally divided among
them. Aliens not having been naturalised by some act of the Im- Disquaiifica-
perial Parliament, or of the Legislature of Natal, and persons Electors.
who shall have been convicted of any treason, felony, or
222
infamous offence, and shall not have received a free pardon,
shall not be qualified to vote at any such election.
Qualifications N0 person shall be capable of being elected member of
Member"6 the Legislative Cbuncil, unless he shall be a duly qualified
and registered elector for some electoral district in the
colony, nor unless he shall have been invited to become a
candidate for such election by, at least, ten electors of the
county or borough which it is proposed he shall represent,
nor unless such requisition shall have been transmitted to the
resident magistrate of the county or borough, — with a
notification of the said candidate's acceptance thereof, — at
least fourteen days before such election is appointed to take
place.
u. Elections. If in any electoral district any person shall sign requisitions
CMdidate™ t0 to more tnan one candidate for each vacancy in the Legisla
tive Council, in respect to which he is entitled to a vote, his
signature shall be expunged from all requisitions which he
shall have so signed.
Publication of The resident magistrate shall, at least seven days before the
requisitions. ^^ app0inte(j for the commencement of the poll, cause the
said requisitions to be published for the information of the
electors.
in. Duratzonof Our said Governor shall, by proclamation in the "Govern-
convoSngof ment Gazette," fix the time and place, or places, for holding
Council. tQe sessions 0f tne Legislative Council, provided that the said
Legislative Council shall be convoked within six months after
our said Governor shall have received these presents, and once
at least in every subsequent year.
anTdurafo1 f ^ur sa*^ Governor may, by proclamation, prorogue or
council. dissolve the Legislative Council when he shall think fit, and
in the absence of such dissolution the elected members of the
Legislative Council shall hold their seats for four years from
the day of the returning of the first writs for the election of
members to the said Council, and no longer.
iv. vacancies. If any member of the Legislative Council shall, by writing
owcaused. uncjer Djs hand, addressed to our said Governor, resign his
seat in the said Council, or shall, without the permission of
our said Governor first obtained, fail during a whole session
to give his attendance in the said Council ; or shall take
any oath, or make any declaration or acknowledgment of
allegiance, obedience, or adherence to any foreign state or
power ; or shall do, concur in, or adopt any act whereby
he may become the subject or citizen of any such state or
223
power ; or shall become a bankrupt or an insolvent debtor, or
a public defaulter, or be attainted of treason, or be convicted
of felony or any infamous crime ; or shall, for the period of
one month, remain party to any contract with the Govern
ment ; or if any elective member shall accept any offer of
emolument from the Government ; his seat in the said Council
shall thereupon become vacant.
Whenever it shall be established, to the satisfaction of our Vacancies of
said Governor, that the seat of any elected member of the EIective Seats"
Legislative Council has become vacant, our said Governor
shall forthwith issue a writ for the election of a new member
to serve in the place so vacated during the remainder of the
term ofthe continuance of such Council, but if any question
shall arise respecting the fact of such vacancy, it shall be re
ferred by our said Governor to the said Council, and shall be
heard and determined by them.
No member of the Legislative Council shall vote or sit v- Conduct of
therein, until he shall have taken and subscribed the follow- OathTf'^*
ing oath before our said Governor, or some person authorised Ane&iance-
by him to administer such oath : —
" I, A.'B., do sincerely promise and swear that I will be!
faithful and bear true allegiance to Her Majesty.
"So help me, God."
But every person authorised by law to make a solemn
affirmation or declaration, instead of taking an oath, may make
such affirmation or declaration in lieu of the said oath.
The Legislative Council shall, on their first meeting, before Speaker.
proceeding to the dispatch of any other business, elect one of
their members to be Speaker of the said Council, which elec
tion being confirmed by our said Governor, shall be valid and
effectual during the continuance of the said Council, or until
the said Speaker shall die or resign his office by writing under
his hand, addressed to our said Governor, or shall cease to be
member of the said Council ; and in case of vacancy in the
said office, another Speaker shall be elected in manner, and
subject to such confirmation, as aforesaid.
The Speaker, or, in his absence, some member elected by Speaker to
the Council, shall preside at the meetings thereof. presi e-
The Legislative Council shall not be competent to proceed Quorum.
to the dispatch of any business unless six members be present.
All questions shall be determined by a majority of votes of Majority.
the members present other than the Speaker or presiding
224
member. When the votes are equal, the Speaker or presiding
member shall have a casting vote.
Standing rules. The Legislative Council shall, at its first meeting, and from
time to time afterwards, as occasion may require, adopt
standing rules and orders for the orderly conduct of the
business of the said Council, which rules and orders shall
become valid and effectual when, confirmed by our said
Governor.
Money votes. The Legislative Council shall not pass, nor shall our said
Governor assent to, any bill appropriating any part of the
public revenue for any purpose wliich shall not first have
been recommended to the Council by our said Governor
during the session in which such bill was proposed, and no
part ofthe said revenue shall be issued, except in pursuance
of warrant under the hand of our said Governor, directed to
the public Treasurer of the colony.
civil List. There shall be payable to Her Majesty every year, out of
the revenues arising from taxes, duties, rates, and imposts, or
from waste lands of the Crown in Natal, the several sums
mentioned in the schedule hereto annexed, which sums shall
be issued by the Treasurer of the colony for the purposes
mentioned in such schedule, and in discharge of such war
rants as shall, from time to time, be directed to him under
the hand and seal of our said Governor ; and the said Trea
surer shall account to us for the same through the Commis
sioners of our Treasury of the United Kingdom of Great
Britain and Ireland, in such manner and form as we shall
direct.
Governor may Our said Governor may transmit, by message to the
1,0 " Legislative Council, the draft of any laws which it may
appear to him desirable to introduce, and all such drafts shall
be taken into consideration by the Council in such conve
nient manner as shall be by the rules and orders provided
for that purpose.
vi. Assent to Whenever any bill has been passed by the Legislative
Biiissubmitted Council, it shall be presented to our said Governor, who
Issent!vern°r s may either return the same by message for the reconsidera
tion of the Council, with such amendments as he may think
fitting, or may assent to the same, subject to such instruc
tions as he may receive from us in regard to such bill, or
may declare that he refuses his assent to the same, or that
he reserves the same for the signification of our pleasure
thereon.
225
Whenever our said Governor shall have assented to any Disallowance.
law, he shall, by the first convenient opportunity, transmit
an authentic copy of such law to one of our principal Secre
taries of State, and it shall he lawful for us at any time
within two years after such copy shall have been received by
the Secretary of State, to notify to our said Govenor our
disallowance of such law,, through one of our principal Secre
taries of State, and every such law shall become null and
void from and after the day on which our said Governor shall
signify such disallowance by message to the Legislative
Council or by proclamation in the Government Gazette.
The field-cornet in every ward shall, at such time as may vn. Manner-
by proclamation be fixed by the Governor, make a true list Fieid-comftto
in alphabetical order of all men who shall be at such timem^^lstof
qualified to vote at the first election for members of the
Legislative Council, which shall take place under and by
virtue of these presents, in respect of property within the said
ward, stating the christian and surname of each person at
full length, the place of his abode, bis business or quality,
and the nature of his qualification, in the form set forth in
schedule hereto annexed, marked A-
The field-cornet shall forthwith transmit, such list to the And transmit
resident magistrate of the county or electoral district in Magistrate.
which such v^ard is situated.
When the resident magistrate has received such lists from objections.
the field-cornet, he shall forthwith cause them to be pub
lished, acid to every list so published, he shall subjoin a
notice that all objections thereto will be heard and deter
mined by him at such time or times as our said Governor
may, by proclamation, fix for that purpose.
The resident magistrate, after hearing such objections, Revision..
shall strike out of the list all names which shall have been
improperly inserted, and insert all names which have been
improperly omitted therein, and shall take care that no one
name is retained in more than one ofthe said lists.
A copy of the list of voters in every ward, so corrected, ^\^™met
signed by the resident magistrate, shall be transmitted by
him to the field-cornet of such ward on such day as may be
fixed by our said Governor by proclamation for that purpose.
This list shall be called " The Voters' Roll" of the ward, valid for one
and shall be brought into use on such day as may be fixed by year"
our said Governor by proclamation for that purpose, and
shall continue to be used for one year then next ensuing.
Q
226
Inspection of
List.
Writs issued
by Governor.
Poll. Scrutineer.
Voting Paper.
Record of
Votes.
Hoars of Poll
Place and du
ration of Poll.
Questions
asked at Poll.
Any person may inspect or take a copy of such roll
gratuitously. The field-cornet in every ward shall, in like manner, on
the 1st of July in every succeeding year, make a similar
list of all men who shall be at such time qualified to vote for
members of the Leigislative Conncil, and the same proceed
ings shall be had and taken in respect thereof as are herein
before specified respecting the first election ; and he shall
give notice, as hereinbefore mentioned, that objections will
be heard and determined at some time to be fixed before
the 21st day of August then next ensuing, and the voters'
roll shall be brought in use, as hereinbefore mentioned,
on the 1st day of September in every year.
The writs for the election of the elective members of the
Legislative Council shall be issued by our said Governor for
that purpose. The returning officer shall endorse on the
writ the day on which he received it, and shall then fix the
day on which an election shall take place for a member of
council for the county or borough,
- The poll in every ward shall be taken before the field-
cornet thereof, or other officer appointed for that purpose
by the resident magistrate.
Every candidate may, if he thinks fit, appoint a scrutineer,
to see that the votes are fairly taken and recorded.
The election shall take place in the following manner.
Every person whose name is on the voters' list, may vote for
one or two candidates, as the case may be, by delivering to
the returning officer a voting paper containing the christian
and surname of the candidate, signed by the person voting,
stating his place of abode and description.
The returning officer shall place such voting papers in a
box to be provided for that purpose, and shall also register
each vote in a book, in manner set forth in the schedule
hereto annexed, marked B.
The poll in every ward shall, upon every day appointed
therefor, commence at 8 o'clock in the forenoon and close
at 4 o'clock in the afternoon.
The poll shall be held at such place, and continue for
such period, within each ward, as our said Governor shall
for that purpose appoint by proclamation under his hand.
No inquiry shall be permitted at any election as to the
right of any person to vote, except as follows, that is to say,
the returning officer may, at the request, of any qualified
227
elector, put to any voter the following questions, or either of
them, and no other : — ¦
1. Are you the person whose name is signed as A. B. to
the voting paper now delivered in by you ?
2. Are you the person whose name appears as A. B. on
the voters' roll now in force in this ward ?
If any person shall wilfully make a false answer to either False answers.
of these questions he shall forfeit i?100, and be for ever
disqualified from voting at any election within the colony.
At the close of the election the returning officer shall Number of
¦ , P . « i • i i v otes ascer-
ascertain the number ot votes given tor every candidate, andtained,
shall then transmit the name of such person or persons, to
gether with the state of the poll at the close thereof, to the
resident magistrate.
When the resident magistrate has received the state of the AndpubUshed.
polls for the several wards, he shall forthwith cause a list
thereof, with the names of the wards, together with the final
state of the poll, to be published, and the candidate or
candidates who shall have the greatest number of votes shall
be deemed to be elected.
In case of an equality of votes at any election, the re- Equality of
turning officer shall determine by lot which of the persons
shall be elected for whom an eqaul number of votes have
been given.
It shall be lawful for our said Governor, by any law to be vin.p*n./
enacted by him, with the advice of the Legislative Council ByLegiskture
to be constituted under and by virtue of these presents, to
repeal, alter, or amend all or any of the provisions made
by or in virtue of these presents, and to substitute other pro
visions in lieu thereof, provided that no such law shall abridge
the power hereinbefore reserved to our said Governor of
reserving any bill passed by the Legislative Council for the
signification of our pleasure thereon, or the power reserved
to us of disallowing any law ; and provided also that every
law shall be reserved by our said Governor for the signification
of our pleasure, which shall diminish the salary of any officer ^
holding office, or by which any alteration shall be made in
any of the following particulars, namely : —
The respective numbers of the elective aud non-elective
members of the Legislative Council ;
The qualifications of the said elective members, and of
their electors ;
228
Proclamation
by Governor.
Governor by
Proclamation
to subdivide
Colony.
Governorauthorized to
grant lands.
Governor
authorized to
appointJudges,
The salaries annexed by the reserved civil list to the offices
of Governor, Judge, and Secretary for Native Affairs, or tho
annual payment of £5,000 for .native purposes.
It shall be lawful for our said Governor, by proclamation
in the "Government Gazette," at any time within six months
of the date of these presents, to vary, annul, or add to any
ofthe provisions herein contained, relating to the registration
and revision of the lists of all persons qualified to vote for
elected members of the Legislative Council of Natal, or
relating to the appointing of returning officers, the issuing,
executing, and returning the necessary writs for such elections,
and for taking the poll thereat, the determining the validity
of all disputed returns, and otherwise for ensuring the orderly,
effective, and impartial conduct of such elections.
And we do hereby give and grant to our Governor for the
time being of our said colony of Natal, full power and author
ity, with the advice and consent of our said Executive Council,
but subject to any law which may have been or shall be duly
enacted by the Legislature of our said colony, to issue a pro
clamation or proclamations, dividing our said colony into
counties, wards, and townships, and to appoint the limits
thereof respectively.
And we do hereby give and grant to our said Governor
full power and authority, by and with the advice of our said
Executive Council, to grant, in our name and on our behalf,
any waste or unsetted lands in us vested within our said
colony, which said grants are to be sealed with the public
seal of our said colony, and being entered upon record by such
public officers as shall be appointed thereunto, shall be
effectual in law against us, our heirs, and successors : Pro
vided, nevertheless, that in granting and disposing of such
lands, our said Governor do conform to and observe the pro
visions in that behalf contained in any law which is or shall
be in force within our said colony, for regulating the sale and
disposal of such lands.
And we do hereby authorise and empower our said Gov
ernor to constitute and appoint judges, and, in cases requisite,
commissioners of Oyer and Terminer, justices of the peace,
and other necessary officers and ministers in Our said colony,
for the due and impartial administration of justice, and for
putting the laws into execution, and to administer or cause
to be administered unto them such oath or oaths as are
usually given for the due execution and performance of- their
229
offices and places, and for the clearing of truth in judicial
matters. And we do hereby give and grant unto our said Governor Power of
full power and authority, upon sufficient cause to him appear- suspen
ing, to suspend from the exercise of his office within our said
Colony any person exercising any office or place under or by
virtue of any commission or warrant granted, or which may
be granted, by us in our name, or under our authority, which
suspension shall continue and have effect only until our
pleasure thereon shall be made known and signified to our
said Governor : And we do strictly require and enjoin our
said Governor, in proceeding to any such suspension, to
observe the directions in that behalf given to him by our
instructions under our sign manual and signet accompanying
this our charter, or in any future instructions as aforesaid.
And we do hereby give and grant to our said Governor Power >
full power and authority, as he shall see occasion, in our name Pardon-
and on our behalf, to grant to any offender convicted of any
crime in any court, or before any judge, justice, or magistrate,
within our said colony, a pardon, either free or subject to
lawful conditions, or any respite of the execution ofthe sen
tence of any such offender for any period as to our said
Governor may seem fit, and to remit any fines, penalties,
or forfeitures which may become due and payable to us; but
subject to the regulations and directions contained in the in
structions under our sign manual and signet accompanying
this our charter, or in any future instructions as aforesaid.
And we do hereby require and command all our officers,, General
civil and military, and all other the inhabitants of our said Kfnc" °f
colony of Natal, to be obedient, aiding, and assisting to aur
Governor, or Lieut.-Governor, of our said colony of Natal,
or to the person who, under the provisions of this our char
ter, may be appointed to assume and exercise the function
of administering the Government thereof.
And we do reserve to ourselves full power and authority
to amend, alter, or revoke, these our letters patent, as to us
shall seem meet.
230
SCHEDULE A.
FORM OF VOTER s' LIST.
Christian and Surname
at full length.
Place of abode.
Quality or
Business.
Nature of
Qualification.
SCHEDULE B.
FORM OF VOTERS' REGISTER BOOK.
Name of Voter.
Names of Candidates.
A. Z.
X. Y.
K. D.
A. B.
C. D.
E. F.
G. H.
SCHEDULE C.
RE SERVED CIVIL LIST.
Governor, .£1,200
Colonial Secretary 700
Colonial Treasurer 450
Attorney-General 450
Surveyor-General 450
Secretaiy for Native Affairs 500
Native Purposes 5,000
Total, £8,750
Saul Solomon & Co., Steam Pbinting Office, 63, Lonomabket-§tbmt.