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 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. 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.