V.3 I WFH-iW TlS ^Hnggfl it - l K 11 « i£i ' f THE D/iY MISSIONS LIB^A^Y YALE UNIVERSITY™ uuijn>nm)»»i)»))mi»>Mmniii»)nw»iiftwjwWftwmiiini te I13o THE RISE OF SOUTH AFRICA THE RISE OF SOUTH AFRICA A History of the Origin of South African Colonisation and of its Development towards the East from the Earliest Times to 1857. By SIR G. E. CORY, D.Litt. In Six Volumes. With Maps, Plans and Illustrations. Vol. I. From the Earliest Times to 1820 26s. Vol. II. From 1820-1834 26s. Vol. III. From 1834-1838 26s. Vol. IV. From 1838-1846 26s. Vol. V. From 1 847-1 853 26s. Vol. VI. In Preparation. < o THE RISE OF SOUTH AFRICA A HISTORY OF THE ORIGIN OF SOUTH AFRICAN COLONISATION AND OF ITS DEVELOPMENT TOWARDS THE EAST FROM THE EARLIEST TIMES TO 1857 BY SIR GEO. E. CORY, M.A., D.Lirr. KING'S COLLEGE, CAMBRIDGE PROFESSOR EMERITUS, RHODES UNIVERSITY COLLEGE, GRAHAMSTOWN, SOUTH AFRICA FELLOW OF THE ROYAL HISTORICAL SOCIETY LONDON IN SIX VOLUMES Vol. V WITH MAPS, PLANS, AND ILLUSTRATIONS LONGMANS, GREEN AND CO. LONDON NEW YORK :: TORONTO 1930 V. 5" LONGMANS, GREEN AND CO. Ltd. 39 PATERNOSTER ROW, LONDON, E.C. 4 6 OLD COURT HOUSE STREET, CALCUTTA 53 NICOL ROAD, BOMBAY 36A MOUNT ROAD, MADRAS LONGMANS, GREEN AND CO. 55 FIFTH AVENUE, NEW YORK 221 EAST 20TH STREET, CHICAGO TREMONT TEMPLE, BOSTON I28-I32 UNIVERSITY AVENUE, TORONTO Made in Great Britain CONTENTS OF VOLUME V CHAPTER I The Reign of Sir Henry Pottinger Career of Sir Henry Pottinger — His attitude towards the political questions of the Colony — -Earl Grey's instructions — The new relations with the Kaffirs — The arrival of the Governor — He leaves for the East — The petition from the East — Its failure — The Port Elizabeth address — His arrival in Grahamstown — His sympathy with the colonists — Sandilli's declaration — Re developments in Kaffirland — East London — Difficulties, want of men and money — Calls for volunteers — The con duct of Major Eld — The Kat River people called out — Abuses on public expenditure — The Governor's famous despatch, No. 154 — The state of the Kat River Settlement — The cost of maintaining it — The Governor's investigation into the public expenditure and its abuse — Rev. H. Calderwood and Col. Johnstone make inquiries — Captain Stretch— His concern for the native levies — The hostility of Pottinger towards him — The Fingo levy — The Tarka levy — The dishonesty of Mintel — Dismissal of " that man Stretch " — The Governor carries his investigations further — He regards all as dis honest—The alleged bogus levies — Pottinger claims authority over the commander of the forces on financial matters — Sir George Berkeley replies — Mr. Burgas appointed compensation commissioner — Earl Grey 'refuses any compensation — Marauding continues — Doubtful attitude of the Kaffir chiefs — -The Governor makes his headquarters at Peddie — Burghers will not enlist, nor will the Hottentots — The Governor's prospective Kaffirland policy — A port at the mouth of the Buffalo — East London — -The wrecks at the mouth of the Buffalo — Pottinger annuls all treaties — The Burghers refuse to act beyond _ the month — Kaffir police — The Kaffir attack at Need's camp — The ¦" theft of the fourteen goats — The resulting skirmish — Sandilli en- f^ deavours to make peace — But Mr. Calderwood will not hear of it — ¦ 3°7 ,, 343 343 353 355 355408 426443 461 xiv LIST OF ILLUSTRATIONS OF VOLUME V MAPS AND PLANS Plan of Fort Hare Page 57 Plan of Ground in Neighbourhood of Block Drift ,, 58 Plan of Field of Action at Boomplaats ,. 157 Topographical Sketch of the Kat River Settlement To face page 326 Plan of Battle of Berea Page 480 State of the Frontier, April, 1853 ,. 486 CHAPTER I THE REIGN OF SIR HENRY POTTINGER THE successor to Sir Peregrine Maitland in the Government CHAP. of Cape Colony was Sir Henry Pottinger, Bart., G.C.B. As diplomatist and soldier, the new Governor had had a distinguished career in India and China. The success which had attended his missions had gained for him a world-wide reputation and all the honour which a grateful country could bestow on an exceedingly able and dutiful officer. To the British Government therefore he seemed to be the man who would be able and likely to solve the problem which had baffled so many others, namely, that of settling and putting in order the affairs of the Eastern Frontier of the Cape of Good Hope. He was born at Mount Pottinger in County Down, Ireland, in 1789. After a somewhat limited education at a school in Belfast, he went to sea at the age of twelve. In 1803, when fourteen, he left England for India and obtained a cadetship in the native army. During the next six years, while resident in Bombay, he applied himself to the study of the native languages ; thus by 1809, when he obtained his lieutenancy, he was competent to undertake the adventures which brought his name so prominently before the world. In that year he volunteered to explore the then unknown country situated between India and Persia. The Government accepted his offer. In January 1810, in company with his friend Captain Christie, he set out from Bombay and returned in February 181 1. The account of the adventures of these wanderers — disguised as native traders until their identities were dis covered — will be found in the volume Travels in Beloochistan and Scinde, written by Sir H. Pottinger. Afterwards, he was appointed on the staff of the Governor of Bombay ; served in the Mahratta War of 181 7 and subsequently VOL. vi B 2 SIR H. POTTINGER GOVERNOR CHAP, became Collector of Ahmadnagar. He attained the rank I# of colonel in 1834 and was created a baronet in 1840. In connection with the troubles in China, consequent upon the opening of that country to British trade, Sir Henry Pottinger took a prominent part. He settled matters and signed the peace treaty of 1842, in virtue of which Hong Kong was ceded to England. He then became the first Governor of Hong Kong and was created G.C.B. Return ing to England in 1844, he was the hero of the hour and the recipient of the freedom of many cities. In June 1845, the House of Commons made due recognition of his eminent services and a humble address to Her Majesty the Queen gained for him an annual pension of £ 1,500. On October 27th 1846, it was announced that Her Majesty had been pleased to appoint Sir Henry Pottinger " as Governor of the Cape of Good Hope and High Commissioner for settling and adjusting the affairs of the territories adjacent or contiguous to the Eastern and North- Eastern Frontier of the said Settlement." His first contact with the politics of Cape Colony may be considered to have been the delegation from the Aborigines Protection Society which waited upon him before he left England and presented an address on behalf of the native tribes " who in times past have had much to endure." He replied that he entered upon his duties unbiassed towards any party, that he pledged himself to no plan until he had seen and judged for himself, but, said he, the welfare of the natives consistently with their restraint from mischief would be an object of his care. So far this augured well for the line of policy he would take in the Colony, and such a state ment must have been a source of satisfaction to the Eastern Province inhabitants, who in a far greater measure had " in times past much to endure." Even more satisfactory was the tenor of the instructions which Earl Grey issued to Sir Henry Pottinger on November 2nd 1846. From these it was evident that the numerous petitions and pathetic appeals for protection, which had so often been sent to the House of Commons, had at last had some effect. It was clear that Earl Grey understood the case between the Colonists and the Kaffirs and that he was unbiassed by the ' ^ A-," *JT * ;y views of the Aborigines Protection Society or Exeter Hall. CHAP. From a perusal of the communications which during so L many years, had reached his office, he could not escape the conclusion, he said, " that an enlightened regard for the real welfare of our uncivilised neighbours, not less than for the welfare of the Colonists, require that the Kaffir tribes should no longer be left in possession of the indepen dence they have so long enjoyed and abused. Our past forbearance they have evidently been unable to appreciate ; they have clearly been insensible to the obligations they have contracted by their treaties with us, and the cupidity or the violence of their young warriors has proved too strong for any restraint of authority or law. Should we, on the successful termination of the present hostilities, brought on by unprovoked aggression on their part, be again content with imposing upon them terms of peace similar to those by which we have allowed former wars to be terminated, there would be no rational ground for expecting that the future history of our relations with those people would prove anything but a repetition of the past. It is therefore requisite that a new policy, more accurately and more carefully adapted to the necessities of the case, should now be adopted." The " new " policy which the noble earl recommended was, in fact, little more than a modification of the " Durban System." Accumulated experience had by this time demonstrated the futility of of making treaties with Kaffirs. The Glenelg-Stockenstrom regime had driven so many of the worthy Dutch inhabitants from the country and had brought about the state of affairs on the Frontier which had resulted in the war then not yet ended. Earl Grey, more than any previous Secretary of State, seems to have made it his business to learn the true history of the Frontier. The result of his study was his decision that British authority must be established in, at least, a part of Kaffirland, that the chiefs and their tribes must acknowledge the Queen as their protector, that there must be a British officer resident in the country to whom all chiefs must be subordinate in civil as well as in all military matters and — with respect to treaties — to trust to a general understanding that British authority is to be supreme and, 4 ARRIVAL OF SIR H. POTTINGER chap, in all cases, to be implicitly obeyed. This was to be the I- new procedure, instead of that of attempting to define by words their respective rights and duties. For all injuries which might be inflicted on the colonists by the Kaffirs, reparation was to be exacted or due punishment inflicted by the resident officer, who was to be styled Commandant of Kaffraria. And reciprocally, there was to be prompt redress for any wrongs done to the natives by the colonists. Earl Grey looked to a system of law and government guided, not only by justice and humanity, but by such methods as should, if possible, obtain the willing assent and cordial co-operation of the Kaffirs themselves, this co-operation to be connected with and sustained by a systematic endeavour to diffuse among them religious knowledge, moral instruc tion and an acquaintance with the arts of civilized life. Practically all this was what Sir B. D'Urban and Colonel (afterwards Sir Harry) Smith had commenced in Kaffirland in 1836, when it was overthrown by Lord Glenelg and Sir Andries Stockenstrom and when the Kaffirs were permitted, unrestrainedly, to continue in their barbarous customs and to remain a scourge to the Eastern Province. Sir Henry Pottinger, accompanied by Lieut.-General Sir George Berkeley, K.C.B., who was to command the troops and conduct the operations more immediately connected with the war, and by Richard Woosnam, Esquire, the Governor's private secretary, arrived in Cape Town on January 27th, 1847. He was sworn in and took the oaths of office that day. His stay in Cape Town was short as he very soon realized that his presence was needed in the Eastern Province. Although Sir Peregrine Maitland had said that the war was practically at an end, had abolished Martial Law and had allowed nearly all the burgher forces to be disbanded, it was clear to Sir Henry Pottinger that there was yet much to be done before a state of peace could be proclaimed. Almost upon his arrival he received dis quieting letters from the Revd. Mr. Calderwood, the Gaika Commissioner, and from Capt. Maclean, the diplomatic agent at Port Peddie. According to these, the chief Pato, having been able to hold out so long, had encouraged the other chiefs to further resistance ; the sudden departure of the late governor at so crucial a time had emboldened the CHAP. Kaffirs and caused them to think that the white man was h tired of the war, and further, that with an increasing spirit of defiance the natives had ceased to register themselves and deliver up their guns, while the fidelity of those who had done so was not above suspicion. On February nth, therefore, Sir Henry Pottinger left Simon's Town in H.M.S. President and arrived at Port Elizabeth on the 19th. The reputation he had gained in connection with his masterly management and settlement of the political difficul- ' ties in other parts of the world gave rise to the hope that at length a better order of things would be the lot of the Eastern Province of South Africa. His advent in those parts there fore was hailed with joy. His replies to the addresses which were presented to him gave every promise that in him the colonists had a sympathetic friend and champion. Two hours after he left Cape Town a delegation arrived at that place from the East with a petition from the inhabitants of Albany which he was to be asked to transmit to Earl Grey with such recommendation as he saw fit. It was an appeal for compensation for the losses and ruin which had been brought about by this war as well as that of 1835. After giving the usual lengthy history of the Albany settlement, which always formed so large a part of these numerous petitions, the signatories prayed that their whole case might be taken into immediate and earnest consideration and that they might be accorded some present relief and an assurance of future security to which on every principle of reason and equity they were justly entitled. Further, as the continuance of the present war made it impossible to estimate the losses they had incurred, they implored such pecuniary assistance in the meantime as might relieve their present distress and enable them to resume their former occupations. Sir Henry Pottinger cordially supported this appeal. In transmitting it to Earl Grey he said he believed the statements to be true and that compensation was deserved. As will yet be seen, he went even further ; he set on foot an inquiry into the losses of the inhabitants with a view to compensation. Anticipating somewhat — it may here be said — Earl Grey in a despatch, dated May 14th, gave a very discouraging reply. 6 ADDRESSES. OF WELCOME CHAP. He pointed out that at the end of the 1835 war a similar petition had been received at the Colonial Office. To that it was replied that Her Majesty's Government could not admit that the people of this country (England) had con tracted any obligations to indemnify the inhabitants of the British Colonies against the losses and calamities to which their situation might expose them, whether those losses arose from war or from other causes. Although he. (Earl Grey) deeply lamented the losses of the inhabitants of the Eastern Province, he could not admit that the British Treasury was liable for these in addition to the serious expenses which had been — and were still being — incurred for the military defence of the colony. Sir Henry Pottinger, therefore, was able to offer the colonists no other consolation than his own personal sympathy. The addresses of welcome which Sir Henry Pottinger received on his arrival in Port Elizabeth and Grahamstown were by no means the matters of formal ceremony and the tendering of empty compliments which so often greeted distinguished and popular men. The addresses now pre sented were more of the nature of accounts of lives harassed by barbarous neighbours and appeals for the righting of existing and long-borne wrongs. The replies which His Excellency vouchsafed to them were no less definite. He foresaw, in his task of settling and putting in order the affairs of the Eastern Province of the Cape of Good Hope, the need of the good will and co-operation of the civil population. In Port Elizabeth, a deputation from the merchants, traders and landowners of that place waited upon him and presented an address in which, after the eulogy upon his distinguished career, they gave the following as their opinion on the causes of the war. In short, they were (1) The reversal of the D'Urban policy. (2) The Kaffirs being per mitted again to occupy the country up to the jungles of the Fish and Kat rivers. (3) The weak and vacillating policy which had been pursued towards the Kaffir chiefs. (4) The exaggerated statements concerning the extensive influ ence of Christianity on the Kaffirs, which had been put forth by the missionaries, and '^5), perhaps most impor- fflli' A'.'iLiil^UQ, ,«z>SIJl/t A :: «jU,l»:A' M-.aMENTS -7 tant, the question which was so near the hearts of all Eastern CHAP. Province people at that time — and long after, namely, the separation of the East from the West. " The utter want of the representation of frontier interests in the Legislative and Executive Councils," they said " which although continually assailed with petitions from the border inhabitants, have, at a distance of 600 miles, and in entire ignorance of the real state of frontier affairs, lent a deaf ear to their most urgent representations." They felt sure His Excellency would become impressed with the impracticability of administer ing the affairs of the Eastern Province upon a satisfactory basis, while the Council held its meetings at the other end of the colony, and that His Excellency would deem it expedient to recommend either the removal of the seat of Government to a more central spot or a separation of the two provinces as recommended by His Majesty's Commis sioners of Inquiry in 1 826. His Excellency received this address very graciously. In reply, he expressed his readiness to devote his time and energies to their welfare. He urged upon all, of whatever class or colour, the necessity, that still must be held to exist, for all to be prepared, in case of emergency, to stand forth to protect their lives and property ; all, he said, must be united and ready to oppose marauders and foreign aggres sion. He hoped that if their services were called for they would be rendered with alacrity. Further, he expressed the desire to receive any authentic information which they might be able at any time to communicate to him. In connection with this request, he issued, on March the 9th, a Government Notice to the effect that any information conveyed to him must be on positive grounds and not on vague and unsifted rumour. He would not, he said, relieve from responsibility of exciting needless alarm any one who transmitted rumours of trouble which on investigation should be found to be imaginary. The Governor reached Grahamstown on February 28th. He received addresses from the inhabitants generally, as well as from the municipal commissioners and the mercan tile community. They were all much of the same lugubrious character. In the first, the signatories regretted that, in an 8 A SYMPATHETIC REPLY CHAP, address of welcome, they were obliged to obtrude on His L Excellency's notice the privations and sufferings they had so long endured on account of the Kaffirs. As they were entirely dependent upon the justice of the British Government for compensation, for the losses they had sustained by this unprovoked irruption, they implored His Excellency to recommend to Earl Grey the petition for compensation which already had been sent forward and they begged him, in mercy to the helpless and destitute, to procure as speedily as practicable some instalment of assistance to keep them from starving. The Governor's reply was as kind and as sympathetic as could well have been desired. It was quite clear, he said, that the colonists were innocent of anything which had brought about the present devastating war. It was due entirely, he believed, to the rapacity and cupidity of the barbarous border tribes. He was convinced that the only method of reclaiming and improving the moral and civil condition of the tribes was by placing them under a strong and vigorous government — directed by a resolute will — and by demonstrating to them, beyond all doubt, that they were at the mercy and disposal of the Government and afterwards treating them with that humanity, kindness and conciliation which their conduct and obedience merited. Then looking to his own task, he expressed the hope that the inhabitants would be ready to render him all assistance when he might find occasion to call for it. The other addresses were much of the same tenor and met with the same condescending affability and sympathy. Towards making himself acquainted with the real state of the country and to learn the truth of the various and contra dictory reports which he was receiving, Sir Henry Pottinger, immediately upon his arrival in Grahamstown, sent express riders to Block Drift and Peddie to summon the Revd. H. Calderwood and Captain Maclean in order to get from them first-hand information. From these as well as from other reports, it was clear that the war was not at an end. And it was equally clear that Sir P. Maitland's abolition of martial law and the disbandment of the burgher forces were premature. The chiefs Pato, Cobus and Toise, who ,„ ^ANDILLI were occupying the country between the Buffalo and the CHAP. Kei, were still open enemies and were not pretending to be anything else. The disposition of Kreli was scarcely doubtful. He had not yet given up the cattle which had been demanded of him and as far as he dared, so it was believed, he was countenancing the rebel chiefs. The great and turbulent Gaika clan was quiet and apparently peaceable. This however, was ascribed to their being busy at this season with their gardens and crops. Sandilli, described by Mr. Calderwood as worthless, of no personal influence, sensual and a tool in the hands of others, was manifesting a propriety .of conduct and peaceable demeanour which was quite foreign to his nature. In March, Mr. Calderwood held a meeting with most of the Gaika chiefs and about five hundred of their followers. At the conclusion of his speech Sandilli said " Is it now war or peace ? How can the Commissioner speak of war when I am here ? Who can be at war when I am at peace ? Who says the Kaffirs are unregistered ? Who has seen any guns in the possession of Kaffirs ? We all wish to live in peace and submit to the Government. What further need has the Government 01 proof of my peaceable disposition ? " Then taking a dirty handkerchief from his head, he said he made his head bare before the Commissioner in token of his submission to the Government. In spite of all this, Mr. Calderwood did not think he was to be trusted. The wily chief was merely biding his time until it should suit him to declare himself an open enemy — which, as will be seen, he did before many months had passed. Sir P. Maitland's registration of the Kaffirs as British subjects had, in a large measure, proved to be a farce. It became obvious that, in order to be enabled to sow and tend their crops, they had merely cheated the authorities into the belief that they were subjugated, they were simply trifling with the Government and watching the course of events with a determination to take advantage of anything which might turn up in their favour. Registration had proved to be no check to crime, the registered having been in very many cases as guilty as the unregistered. Marauding was still rife in the Colony, small parties of Kaffirs continuing IO .AN IMPENDING CAMPAiw chap, to molest places where any stock was to be obtained. In L Kaffirland itself there was much robbery. The Kaffirs stole from one another, chiefly horses, which they took into the colony and sold for small sums to whoever would buy them. Sir Henry Pottinger and Sir George Berkeley having grasped the situation, decided that their chief military operation was to be against the rebel Pato and his co-chiefs. These were to be compelled to surrender or to be driven across the Kei. Then, this accomplished and a general pacification of Kaffirland brought about, a number of military posts were to be established in different parts of the country in much the same manner as had been done by Sir B. D'Urban. King William's Town was to be re-established as a central depot and attempts to utilise the mouth of the Buffalo river as a landing place for stores were to be made, thus unknowingly commencing the flourishing port of East London. At the outset of this campaign a very serious diffi culty confronted the Commander-in-Chief.- There was a lamentable shortage of both men and money. The total number of regular troops in the colony was 3,271, a number entirely inadequate for holding posts in Kaffirland, the protection of the colonial boundary and the necessary skirmishing in bush and mountain. The 90th regiment was found to be under orders to march from Grahamstown to Port Elizabeth and then to embark for England. Sir George Berkeley countermanded this. But, as the men had served for a long time in a hot climate and had become weakened, he allowed them to go as far as Cape Town, where they were to remain on garrison duty. The burgher forces were practically non-existent. Not only had they been disbanded, but there was a very decided disinclination to re-enlist. The recollection of their treatment by the military had not inspired them with enthusiasm to enter the service again. Money matters were in a bad way. Not only was the military chest empty, but there was much debt which, for a time at least, it was impossible to liquidate. There were drafts for £27,600 payable by the commissariat chest and there was a sum of £30,258 due to the Eastern Province Bank for advances. The Bank then discontinued *~ OUTSET n to take up these drafts. For two months, money from CHAP. England had been overdue. Officers could not pay their L men, it was impossible to settle for waggon hire as well as other services and creditors could not get cash for the commissariat drafts. To tide over this state of affairs the Governor authorised the issue of commissariat drafts bearing six per cent, interest. But even with this induce ment it was feared that the colonists, especially the Dutch, would not accept them or anything else but hard cash. Sir H. Pottinger proceeded with much caution and tact in dealing with the difficult situation. His sympathies were manifestly with the colonists. " My inquiries lead me to think " he said, " that the natural anxieties and alarms of the inhabitants have not always been attended to as much as they should have been." He might in the present instance, had he chosen, have dragooned them with the re- establishment of martial law. On the contrary " being averse " he said in his Proclamation of March 3rd, " to take any step that might excite groundless alarm, and conse quently subject the inhabitants to unnecessary inconvenience, or to trench, even for a limited time, on their civil rights, I have resolved in preference to the adoption of such a measure as proclaiming martial law, to rely on the spontaneous and well-tried loyalty, high feeling and courage of all Her Majesty's good and faithful subjects, and to call on them, in case necessity should arise, to assemble and embody them selves in such numbers and at such points as shall be denoted to them by the field cornets of their respective districts . . . well armed, but as lightly equipped as possible and unat tended by ox waggons or other encumbrances . . . under no circumstances shall the period for which such frontier volunteers are to be detained from their homes and families exceed one month." In response to this Proclamation, a petition signed by 96 burghers, British and Dutch, was sent to the Governor asking that they might be permitted to serve under a commandant already known to them.1 1 The dislike of the colonists for the regular military officer was not lessened by an incident which happened about this time. It appears that Major Eld of the 90th Regiment, with 400 men and the usual com plement of oxen and waggons, was marching to Port Elizabeth. When they arrived at Cradock Place, the estate of Mr. J. C. Chase, about nine 12 AN ERRONEOUS IMPRESSION CHAP. In consequence of his kind consideration, his entire L fitness for the command and their confidence in him they begged that Sir Andries Stockenstrom might again be appointed commandant of burghers. In reply, the Governor told them that in view of the limited burgher force which had been asked to volunteer, he did not consider it necessary to request Sir Andries to assume the command. Sir Henry Pottinger's consideration for the civil popula tion in attempting to obtain their co-operation without the aid of martial law did not extend to the Kat River settlement. Acting under the erroneous impression that the Hottentots held their lands on military tenure, he ordered four hundred of the men to join the Europeans who were to assemble at Fort Peddie. The response from that quarter he considered unsatisfactory. This led to an investigation into the general conditions of the settlement and the discovery of what he regarded as abuses of Government employment and support. The matter did not end — in fact it only began — there. During his short year of government, his eyes having been opened, so to speak, to what was taking place at the Kat River, Sir Henry Pottinger's chief business became that of miles from Port Elizabeth, without the formality of asking permission or taking any notice of Mr. Chase, they bivouacked and let loose the animals all over the place. Further, the men foraged unrestrainedly for poultry, eggs or anything else in the way of food. Mr. Chase sent a polite note to Major Eld complaining of this trespass. He received in reply an insulting answer. Mr. Chase was a public-spirited man, always ready to sacrifice himself for the good of the country ; he would have been quite willing to assist these men ; but he resented the overbearing insolence of Major Eld. Determining to make a test case of it in order to learn whether the military had the right to trespass on private property as they chose, Mr. Chase brought the matter before the magistrate of Port Elizabeth. Major Eld was summoned to answer a charge of trespass. He was found guilty and fined a pound with fourteen shillings costs. His behaviour in court was certainly not that of " an officer and gentleman." He refused to pay the fine, saying that he would appeal to the Governor. Sir George Berkeley, in reporting the matter, said that it was most extraordinary that in a country like this, beset by an inveterate enemy, Mr. Chase, who seems to be a magistrate himself, instead of affording assistance to Her Majesty's troops employed in the defence of the country, should summon Major Eld for trespass before another magistrate, who gives judgment against Major Eld. The Governor's reply to this was " had Major Eld either replied in writing to Mr. Chase's note or sent his adjutant with a civil message, this unpleasant affair might have been avoided, but his not taking either of these steps coupled with his observation as to not having seen a gentleman since he left Block Drift could only give offence and exasperate. The magistrate is quite correct in his sentence, and had Mr. Chase pressed for the full amount of damage, it must have been awarded." iv,vi^i ii. ji iu-ji ji iiVtMu™. c» Mjje.3£*A.TCH No, 154 13 investigating alleged abuses of public trust and unauthorised CHAP expenditure of public money on a large scale throughout L the Frontier districts. In justice to those who came under his wholesale condemnation and whose names figure with unenviable prominence in his famous despatch, No. 154, one or two points must be taken into consideration. He arrived at a time of only nominal war. Practically, all the serious fighting was over and the period of stress due to insufficient soldiery and inadequate means of defence had almost passed. It was a time when it was possible to be wise after the event and to be able to criticise the courses of action which, most probably, were the only ones possible in emergency. In the confusion which had arisen, there crept in irregularities, and certainly abuses, which in a better state of preparedness would have "been avoided. The Governor does not seem to have made sufficient allow ance for this. Then although Sir H. Pottinger had taken a part in the Mahratta and Chinese wars and held at this time the rank of honorary Major- General, he was not a soldier. His career had been almost entirely a civil one, as a diplomatist. He was undoubtedly without military experi ence in general and ignorant of the difficulties of Kaffir warfare in particular, hence his somewhat unsympathetic treatment of Col. Somerset and the officers who had worked with him in the great difficulties of the previous year. Yet now he was Commander-in-Chief and in authority over Major-General Sir George Berkeley, the actual Commander of the forces and the organiser of such campaign as was yet necessary to finish the war. In this despatch, No. 154,1 which with its enclosures is of great length — 248 pages of print — little or nothing is said of the services which had been rendered by the levies, or the losses which had been sustained by those who had come forward to the assistance of the inadequate regular forces. The tenor is almost entirely that of unauthorised expenditure and extravagance. Had Sir Henry Pottinger given himself time to have 1 Although it bears the date October 20th, 1847, it was not completed until the beginning of February, 1848. It was printed partly in Grahams town and partly in Cape Town, by Saul Solomon & Co. 14 THE KAT RIVEK-SHiti-nmcivi. CHAP, become better acquainted with the circumstances of the L Kat River Settlement — he did not even know that the district was called Stockenstrom — he most probably would not have been surprised or disappointed at the small response to his call for four hundred recruits from that quarter. The population of the settlement was 3,700 women and children and about a thousand men. Of these men, nine hundred were already serving, four hundred with the troops in advance and five hundred garrisoning important posts, ready at any moment to escort ox waggons or to perform other non-combatant duties. Ninety per cent, of the Kat River men were on active service, while at this time the European burgher population furnished only three per cent, of its men. Major Sutton, the recruiting officer, in reporting his failure to enlist men, described the settlement as in a state of idleness and insubordination, while Lieut. Metcalf, of the 91st, who shortly afterwards was in charge as superintendent, was perfectly satisfied with the conduct of the people. It should be mentioned that a very wretched state of things existed there. Without the supply of Government rations — the expense of which so alarmed Sir Henry Pottinger — the people must have died of starvation. In consequence of the war, all had left their allotments and for nearly a year had crowded round such places as Fort Armstrong and Elands Post fort — now the town of Seymour. The men had been from their homes and thus had been prevented from working for the support of their families. Further, having served without pay, but merely for a ration of bread and meat, all were in semi-nakedness in consequence of the want of the wherewithal to purchase clothes. Col. .Somerset, who was a persona grata with these people, promised them a supply of warm clothing in view of the coming winter, which can be extremely cold in those parts. But it had not arrived ; hence the clamour for it, which met Major Sutton, was most probably the insubordination which he reported. According to Lieut. Metcalf, the cost to the Government for the supply of rations to the settlement was £58 14s. od. per diem, or £1,760 per mensem, or £21,296 per annum. Sir Peregrine Maitland, before his „„„.»£ I5 departure, had ordered the supply of rations to cease on CHAP. February ist, yet here was the middle of March and this L large expenditure continuing. Sir Henry Pottinger could find no written authority for the support which was being given to " this ill-conditioned and hitherto worse than useless settlement " in violation of the late Governor's instructions. He ordered the immediate stoppage of food to all except the families of the four hundred men at the front. However, on the urgent representation of Col. Somerset and Sir George Berkeley, rations were continued from March 24th. It was Col. Somerset who on becoming Commander-in-Chief on the departure of Sir Peregrine Maitland authorised on " asserted verbal orders " the continuation of rations to the Kat River settlement. The discovery of this expenditure of public money on Hottentots without written authority and, among other matters, the report that the Chief Kama with his tribe had been brought back from " the Orange River " — really Kamastone in the Queenstown district — to Block Drift to be fed, clothed and paid at Government expense, compelled the Governor to institute a general inquiry into the " heavy public expense which appears to be going on without any adequate advantage to the public interests." On March 19th he arrived at Fort Peddie and made that place his head quarters. The Revd. H. Calderwood, the Gaika Commis sioner, and Col. Johnstone waited upon him on the 25th. They received instructions to make inquiries into the issues of Government stores to Kaffirs as well as the authority on which they had been sanctioned ; to investigate the circum stances attending the establishment and maintenance of a body of men called the Fort Hare Fingo Levies under the charge of " a person of the name of Stretch," and to discover the reason why three hundred " idle and useless Kaffirs, belonging to the missionary Chalmers " were being sup ported at Government expense. Within a week both of the gentlemen were ready with some information. With regard to Kama's people, it was true that they had been and were still being fed and clothed at the public cost. But there was some justification, as they had taken an active part in the military operations of 1846, some of them in the actions in l6 "THAT MAIS Sixain. CHAP, the Amatola mountains and others in Tambookieland J* against Mapassa. With reference to the missionary Kaffirs of Mr. Chalmers, who at this time had been dead some months, it transpired that at the outbreak of war, they had been plundered of everything by the enemy and had had to abandon their place, the Gwali mission station. Besides proving loyal, 1 50 of them had taken part in the war against their kinsmen and only that number was being rationed. The others, in their destitute condition, looked to the Government for support. It is not clear that they got it. As no written authority for this supply of rations could be found, Sir Henry Pottinger forbade any further issue. Captain Stretch, who is often so contemptuously referred to by Sir Henry Pottinger as " that man Stretch " had taken a most active part, not only in the turmoil of the previous year, but in the affairs of Kaffirland for many years. His whole career as diplomatic agent among the Gaikas, as a commander of native levies and afterwards as a member of the Legislative Assembly, showed him to be a man of the greatest integrity, honesty of purpose, and one who was actuated by a real desire to do good to all with whom he came in contact. On August 10th, 1846, he was placed in com mand of a large number of Fingoes. This tribe, or mixture of Zulu tribes, it will be remembered had been rescued from the thraldom of the Gcalekas by the British and had ever since been willing to assist the troops against the Kaffirs. They had done so in this war from its beginning in April 1846. By the time they came under the command of Captain Stretch in August, they were almost naked ; such scanty clothing as they originally had was quite worn out. With the approval of Col. Hare in October, Captain Stretch provided each man with a pair of moleskin trousers and a shirt — not a very elaborate uniform. In February 1847, before Sir Henry Pottinger arrived on the Frontier, Captain Stretch requisitioned for a further four hundred suits of clothes O'ackets, trousers, shirts, hats and boots) for his " Fingo Levy." The requisition was recommended by Col. Johnstone, signed by Col. Montr esor and approved by Col. Somerset. The clothes were accordingly supplied. Shortly after this, Captain Stretch made application for 188 suits of clothes x n. iz. jri i\\jO shvu 1A JX.KA L*E VIES VJ for the people of the chiefs Kama and Hermanus (non- CHAP. Fingoes). Sir Henry Pottinger not only refused these, but *" demanded an inquiry into the circumstances attending the issue of the others as well as the question of Captain Stretch, the Commandant of the Fingoes, being also in command of Kaffirs. The circumstances which added Kaffirs to his command were these. There was a small mission station on the Umxelo river, a small tributary of the Kat river, and about eight miles from Block Drift. The Kaffirs of that station, averse to taking any part in the war, were anxious to be at a distance from mischief and danger ; they were therefore removed to the farm Glen Avon, near Somerset East, belonging, in fact, to a relation of Captain Stretch. There they remained until December 1846, when, on their return to Kaffirland, they placed themselves under Captain Stretch in his Fingo Levy. The second addition of Kaffirs — in February 1847 — was that of the " Tarka Levy." The history of this levy, unfortunately, is associated with the dishonesty and fraud which Sir H. Pottinger seems to have been anxious to find in all. The " Tarka Levy " consisted of 188 of the followers of Kama and Hermanus. It was raised in June 1846, when men were badly wanted to fight in Kaffirland, and as its name implies, it originated in the Tarka district. The moving spirit and organiser — and for a time at least, the commander, was an enterprising gentleman of the name of Minter. All went as well with the levy as the exigencies of war permitted until there arose a growl about the want of pay which the men had a right to expect. This together with the fact that the proper sums had been issued from the military chest led to inquiries. It then transpired that Minter had drawn £561 2s. 6d., of which sum £302 4s. 6d. had been sent to one Higgs in Grahamstown for the purchase of goods which were to be sold at a profit in Fort Beaufort, and a sum of £258 18s. odd had been used to pay Minter's debts in Cradock. Minter was arrested, tried, convicted and sentenced to five months imprisonment with hard labour. The " Tarka Levy," being commanderless, was added to Captain Stretch's " Fingo Levy." When Mr. vol. v 2 c 18 CAPT. STRETCH DISMISSED CHAP. Calderwood, in pursuance of the Governor's instructions, I- inspected the levy in March 1847, he found it to consist of Fingoes, Hottentots and Kaffirs, these last making up about one third of the whole. But besides the Kaffirs of Kama, Hermanus and the Umxelo station, there were thirty, who were known to have been actively engaged in war with the colony very shortly before. Captain Stretch's reason for admitting these was that, though they had been enemies, they had been registered and, nominally at least, were British subjects. Of course, all were receiving Government rations. Mr. Calderwood reported further that there was something wrong about the muster rolls of these men. On receipt of this report, Sir Henry promptly ordered the dismissal of " that man Stretch " from Government service altogether. He was of opinion that he had grossly exceeded his duty in taking Kaffirs into his command, or having anything to do with them — no one but the Com mander-in-Chief had the power to enlist Kaffirs to fight for us. With regard to the issue of the 400 suits of clothes, the Governor appointed a Court of Inquiry to investigate the matter. The Court consisted of Col. Johnstone, Col. Montresor and Major Hind. They sat at Fort Hare on May 1 2th. Having mustered the men, they found 223 of them wearing suits, while the remaining 177 suits were safely in store unissued. All were accounted for. There was therefore, no charge to be brought against Captain Stretch on this account. The Court reported accordingly. This did not please the Governor. He said the affair indicated fraud and absurdity on the face of it ; he deprecated " a person in Stretch's position " having the power to squander the public money in this manner and the Court ought to have condemned it. Col. Somerset was afterwards asked by what right and authority he approved of this issue. He answered laconically " by my authority as Commander- in-Chief of the Frontier forces." For Col. Montresor, who had signed the requisition, and for Majors Wittenhall and O'Grady, Sir Henry told Sir George Berkeley, he had no further use and recommended their return to England. It seems strange that a civilian, or at most an honorary Major-General should have taken upon himself to dismiss A DETAILED INQUIRY ig military officers in this manner without consulting the actual CHAP. Major-General who commanded the troops. *" Captain Stretch, in connection with his dismissal, asked that a Court of Inquiry into his conduct might be held and that he be given an opportunity of clearing himself of the Governor's aspersions. " The idea " said Sir Henry Pottinger, " of ordering a Court of Inquiry on a person like Stretch, amidst such gross neglect, confusion and irregularity would have been involving myself in useless difficulties and worry." Thus far enlightened, as he con sidered himself to be, and believing, rightly or wrongly, that he saw " gross neglect, confusion and irregularity " in every person and place, he determined to institute a very detailed inquiry into every nook and corner of the financial, administrative and other matters connected with the war. To this end he issued from his camp at Fort Peddie two Government notices, one on April 3rd, and the other on the 10th. According to the former " The confused, vague and frequently-contradictory reports and returns, which have been submitted to the Right Honourable the Governor and High Commissioner, since his arrival in the Colony, as to the number of persons who are at present permitted to draw rations, or to receive clothing and pay at the expense of the Government, have been found — on the most careful examination and comparison with recorded instructions, discovered to have been issued on the subject — to be wholly inextricable and unsatisfactory. His Excellency is therefore pleased hereby to call peremptorily on all civil and military authorities to transmit to the undersigned, with the least possible delay, returns showing the numbers, descriptions, classes or tribes, sexes and ages of all persons not belonging to Her Majesty's forces, who may be receiving from the civil or military authorities, rations, clothing or pay at the public expense, and to accompany such returns with attested copies of the authority on which the issues have been made. — R. Woosnam." The Government notice of the 10th, called for returns of the exact number of indivi duals, not belonging to the regular forces, who were serving in any capacity with provisional corps or levies, together with statements concerning their rank, pay and the authority 20 DESPATCH No. 154 AGAIN CHAP, for their appointment. These returns were not received as L promptly as the Governor thought they should have been. By May the 6th, he tells us, that by dint of withholding his sanction to the issue of all pay and rations, he obtained sufficient data to enter upon his task of bringing forth his famous despatch, No. 1 54. It is testimony to the compara tively good and quiet behaviour of the Kaffirs during 1847 that the Governor was permitted to devote so much time to this work. In this very long report there is not a word of commendation for anyone. The violation of red tape regulations seems to have horrified him far more than the violation of all peace and the destruction of life and property by the Kaffirs. Apparently, the principle which actuated him was to regard every man as utterly dishonest until proof of the reverse was forthcoming. But, as in the case of Captain Stretch, no one had an opportunity of defending himself, pleading honourable motives or showing that the circumstances of 1846 precluded that detailed reverence for red tape which was quite proper in those who could at a distance regard danger with equanimity. The delays in furnishing the returns called for, were not great, practically all arrived within a month. Yet Sir H. Pottinger ascribed this, in some cases, to the ignorance of officers whose business it was to know all about what was going on ; in other cases he believed that the delays were intentional, and that the information was withheld with a view to quashing inquiry and thereby eluding disclosures. But with what he did obtain he found himself, he said, quite unable to give Earl Grey any adequate idea of the confusion and unauthorised expense and attendant peculation which had obtained. " Officers who I conceive had no pretence for assuming to themselves any such power had raised corps, appointed local officers, ordered the issue of rations and sanctioned supplies of clothing, arms, etc., to an extent that I only gradually arrived at a full knowledge of, and that I could not have before believed possible. At Grahamstown alone, the monthly expense could not have been less than £3,000. Persons of all ranks and callings were known by the military titles of captain- commandant, captain-paymaster, quarter master and all the paraphernalia of the regular army. LEVIES NOT UNAUTHORISED 21 Officers while receiving pay as men " in the field " were CHAP. following their occupations of editor of newspaper, shop- L keeper, saddler, inn-keeper, etc. Instead of being " in the field " or " at the front " as we should say nowadays, he considered that these officers and men, who were receiving pay and rations as on military service, were simply living at their homes or at most within twenty miles of Grahams town in their own district of Albany ; whilst other detach ments were staying at the " farms of private gentlemen." It is very curious that Sir Henry Pottinger's detailed investigations did not teach him that the invasion of the Colony by the Kaffirs had rendered Grahamstown and Albany " in the field " and that much of the war had been in these parts and not in Kaffirland itself. As had been shewn, the Grahamstown Hottentot levy under the command of Mr. L. H. Heurant (obviously the newspaper editor commandant referred to by the Governor), the Sporting Club under Mr. W. Stubbs (the saddler commandant), the Yeomanry under Mr. J. D. Nordau (an auctioneer commandant), the Cradock levy, organised by Mr. W. Gilfillan, the civil commissioner, the levies of Fort Beaufort, Fort Brown, Shiloh and others had done very important work in fighting in bush and mountain, escorting provision waggons to distant outposts, as well as occupying these outposts, continually patrolling the country and always holding themselves in readiness, night and day, to turn out a a moment's notice to act on the defensive or offensive. Yet the Governor looked upon these levies as unauthorised in their establishment and existing more as swindles than necessary defences of the country. They were, however, not unauthorised, for on April 25th, 1846, that is at the beginning of the war, Col. Hare, the Lieut.-Governor and Commander of the forces issued the following notice : " Any respectable inhabitant of the district, who shall be considered to be- in every respect qualified for such a post as that of commander of 100 men, understanding perfectly the Dutch language, of an active and enterprising character, prepared to meet with fatigues and privations and determined to do good service himself and be an example of courage and gallantry to his men " would be permitted to take such 22 REPORT ON MR. GILFILLAN CHAP, command at certain specified rates of pay. Further, there L was so much in the numerous Garrison and General Orders of the time, sanctioning this and authorising that, that one is almost driven to the conclusion that in his numerous charges of fraud and peculation against everybody, Sir Henry Pottinger must have been actuated by some spite or contempt for all who had really conscientiously done their duty and must have deliberately turned a deaf ear to anything which was to be said in their defence. He believed no one. On his arrival in Port Elizabeth, he tells us, he was led by misrepresentation to believe that the country was in a dangerous and wretched state, but that he now believes the object was to keep up the notion of invasion and in security in order to provide a plea for war establishments and their concomitant abuses. In accordance with Col. Hare's notice of April 25th, 1846, Mr. W. Gilfillan of Cradock had formed a body of Hottentots called the Cradock levy. Having served well for some time and received no pay, they became discontented and showed a tendency to disband. To prevent this and to keep them together, Mr. Gilfillan, out of his own pocket and on his own unauthorised responsibility, advanced £249 5s. out of the £482 10s. which was due to them. The only irregularity of which he seems to have been guilty, was that of recouping himself from the military funds at a later date than he might have done. A most careful examination into his accounts and into his care of public money showed that everything was quite correct. Yet Sir Henry Pottinger in his report to Earl Grey said : " I record my deliberate and most conscientious conviction that the money that has been drawn from the military chest neither has reached, nor can ever reach the hands of the many of those for whom it was intended." He left it to the Secretary of State to decide whether Mr. Gilfillan should be permitted to retain his important public office. Armed with the information which the notices of April 3rd and 10th had brought forth, the Governor felt sufficiently confident to issue General Orders on May the 6th directing the disbandment of all levies and the dismissal of the greater number of the officers. In some cases this took effect on uuvniinuK v. COMMANDER-IN-CHIEF 23 May 15th, but all by the 31st. His idea then was to re-form CHAP. a smaller number of levies, but each of greater strength. L As will be seen, he met with considerable difficulty in doing this. The men when once set free showed the greatest disinclination to re-enlist on any terms he could propose. Writing to Sir George Berkeley on May 13th, he said: " I neither can see nor admit that any step which I have taken towards these people should have caused such a general feeling of dissatisfaction as appears to have suddenly arisen among them." The colonists regarded all this with grave concern, as it clearly exposed the Frontier to danger. Had the Kaffirs at that time been as disposed for war as they had been in the previous year, such action as this of Sir Henry Pottinger's would have been tantamount to an invitation to invasion. The doubts with regard to the right and authority to sanction expenditure from the military chest which Sir H. Pottinger entertained in the cases of Colonel Somerset and Col. Johnstone, extended even to Sir George Berkeley, the Commander of the whole of the forces. He considered that as Civil Governor, he alone was responsible to Her Majesty's Government in all financial matters, and that the Commander of the troops was sub ordinate to himself, and could incur no military expense without his knowledge • and approval. This raised the question of their relative authoritative positions. Sir H. Pottinger considered that Sir George Berkeley stood towards him as Governor in the same relation as the Commander- in-Chief in India did towards the Governor-General or as the Commander-in-Chief of one of the subordinate Presi dencies did to the Governor of that Presidency. If so, then Sir George Berkeley was not vested with any power to authorise the expenditure of public money " without my previous sanction, that the military chest, the provision of funds and supplies are under my control, that all appoint ments to all commands of local and provisional corps or levies and the fixing of their emoluments rest with me. I have casually seen in the newspapers that which convinced me that you were not the proper authority to attach officers to the local levies and fix their emoluments, both of which were done by you in Grahamstown." Sir George Berkeley 24 SIR G. BERKELEY'S REPLY CHAP, might recommend payment to be made or withheld or nominate officers to command levies, but the final sanction lay with the Governor, under whose orders men and money might be placed at the disposal of the General Commanding. As the military chest might be emptied to the last penny without his knowing anything about it, Sir H. Pottinger refused to be responsible for any disbursements or expenses over which he could exercise no control. In order to come to a clear understanding and to prevent a clash of authority, he wrote to Sir George Berkeley in this strain on April the ioth, from his camp at Fort Peddie. Sir George, in reply on the 17th, acknowledged that he had not been in India and was not acquainted with the procedure there, but he had always understood that no payments could be made except under the authority of the Officer Commanding the troops and quoted from the regula tions. " The Commissariat Chest at each station is under the control and responsibility of the Officer Commanding, no issue to be made from the chest which is not authorised and directed by a warrant under his hand." In the end, by mutual agreement, the Governor took upon himself the responsibility of the levies, while Sir George Berkeley was in command of the regular troops. The former, however, were not called upon for much afctive service as the war was practically at an end and such calls as were made, met with but small response as all were too eager to take advantage of their disbandment. In spite of his harsh treatment of all those in military authority, it is pleasant to discover that there was one direction in which Sir Henry Pottinger took a kindlier part. In the same measure in which he felt himself called upon to protect the British — and Colonial — taxpayer against what he considered as the unwise and lavish expenditure of public money, so, on the other hand and in justice to the British and Colonial, who had suffered in consequence of the war, he moved in the matter of compensation for their losses. " Where men have sacrificed their lives and been wounded in defending the Colony, I think their families or themselves, have established claims to which both policy and humanity demand consideration and I mean to express A COMMISSIONER FOR CLAIMS 25 that opinion when I lay those claims before the Executive CHAP. Council. ... I may remark that the universal argument L urged by the people is, that their well-being and prosperity (as well as safety and lives) have been lost by a course of prescribed policy, which was adhered to when it had become obvious that it was fast tending to, and could only terminate in, the present misery and devastation." * This question of compensation was almost the first thing to which he gave his attention on his arrival in the Colony. As has already been pointed out, it was the substance of the petition which arrived in Cape Town just after his departure for the East, and to which he gave his cordial support in transmitting it to Earl Grey. He must have moved in this matter during the very first week of his arrival in Grahamstown, for on March the nth, he was ready with a Government notice replying to all the petitions which had been received. His answer to their statements was that he had appointed R. Burgas, Esq., M.A., of the Middle Temple, Barrister-at- Law, to be a Commissioner for Claims, to whom all were invited to present their cases. Mr. Burgas, who seems to have been a personal friend of Sir Henry Pottinger and a member of his suite, undertook this work, pro bono publico ; he refused all remuneration and reward for his troublesome task. He went to work with enthusiasm, visiting such centres as Grahamstown 2 and Port Elizabeth, where people could be interviewed and applications received. He raised hopes in many a breast. There was talk of pensions for those incapable by reason of their wounds, for the survivors of those murdered by Kaffirs ; there was to be remuneration for transport and other Government services and compensa tion for the losses of oxen and waggons as well as houses, merchandise and other property. But those in whom expectations of relief in their unde served sufferings and ruinations were thus raised, were doomed to speedy disappointment. Earl Grey would not for a moment consider compensation. In a Despatch dated June 15th, 1847, he said : " You announce in your Despatch of March 1 5th, that you had appointed Mr. Burgas to be a 1 Despatch Pottinger to Earl Grey, March 15th, 1847 ' At the Freemasons' Tavern, afterwards Wood's Hotel. 26 NO INDEMNIFICATION CHAP. Commissioner for Claims for compensations for casualties I- in action with the enemy, for wounds received in action, for the loss which individuals may have sustained by the murders of their kindred or friends by the enemy, for the value of private property employed in the public service, and for losses incurred by the plundering and devastation of the enemy. It does not distinctly appear from your Despatch what is the ultimate object of the inquiry with a view to which you have made this appointment ; but as I am led to apprehend that it may possibly be intended as a preliminary step towards preferring a claim for compensation being made to the sufferers by the war at the cost of this country, I think it my duty to take the earliest opportunity of discouraging any expectations that such a claim, if preferred, would be entertained. With colonies in every quarter of the globe in the vicinity of uncivilised populations, it would be a very serious matter to take a course involving an admission that the British Treasury is to be held respon sible for the losses in which British Colonists may be involved in their contests with such people. The Government and Legislature of this Kingdom have adopted the general practice of allowing the whole cost of actual warfare in such cases to be charged on the revenue derived from taxes paid by the people of the United Kingdom, and they have also, with a view to the prevention of such warfare in our various colonies, maintained garrisons, forming a very heavy demand on the military and the financial resources of the country. The expense thus incurred for the defence of our colonies has been very large, nor is there any part of Her Majesty's dominions, for the protection of which the troops and the treasure of the United Kingdom have been more freely employed than for the Cape of Good Hope." Earl Grey considered that an addition to such charges as these, the indemnification of colonists against all the injuries which war may bring upon them was warranted neither by precedent nor justice. Sir Henry Pottinger does not seem to have agreed with the noble earl, for writing to Sir George Berkeley on November the 13th, he said : "I confess it seems to be a case of extreme hardship that men whose property has been pressed into, and lost in, the public service ' AN EASTERN PROVINCE PEACE 27 (whether civil or military) should not be compensated for CHAP. it, but such I collect to be the decision of Her Majesty's L Government, as I consider it to be almost hopeless that the revenue of the Colony can ever meet such demands, even supposing the Legislative Council would be disposed to appropriate any portion of it to that object." But what about the war while all these more purely political matters were engrossing the attention of the Governor and so many others ? The disbandment of the levies and the dismissal of local officers indicated that peace was in the land. So it was ; but it was the typical Eastern Province peace. There was the usual marauding on the Frontier farms by small parties of Kaffirs. Some of those who had been registered and then known as " friendly " were caught here and there with stolen property while others were found in possession of guns which were supposed to have been surrendered. Although there was very little actual fighting, in fact, throughout this year there was only one action worthy of the name of war — no one for a moment supposed that the enemy was yet subdued or that it was possible to turn an undivided attention to the peaceable occupations of farming or trading. A Government notice on April 3rd, enjoined all to keep a watchful eye upon their stock and to be continually on the alert to intercept parties of marauders who might have eluded the watches at the military posts. At a distance in Kaffirland, Pato's people were still in open hostility, but the chief himself, early in March, had, through the intervention of the chief Umhala, sent a mes senger to the British agent offering his surrender. But it does not seem to have been accepted. That exemplary paragon of virtue and integrity, Sandilli, and his Gaikas, were, it might almost be said, painfully quiet. The reward for this was the fine crops which were to be seen everywhere in Kaffirland. The attitude of Kreli was still an enigma. This, roughly, was the state of affairs on March 19th, when Sir Henry Pottinger arrived at Fort Peddie where he established his headquarters. He had been escorted a part of the way from Grahamstown by the Sporting Club and Yeomanry. This greatly gratified him until he discovered 28 HOTTENTOTS REFUSE TO RE-ENLlST CHAP, that they were receiving pay from the Public Treasury. In L view of the notice of March 3rd, calling for burgher recruits, he expected to find that the whole number called for had arrived on the previous day, the 18th. But to his disappoint ment and chagrin, barely one half of the number presented themselves, and many of these were badly mounted and armed. This was the beginning of the difficulty which beset him and Sir George Berkeley throughout the year, namely that of raising a force sufficiently strong to continue operations in the enemy's country. Very serious too was the reluctance of the Hottentots to re-enlist after their dis- bandment. Their services were especially desired because of their special fitness for Kaffir warfare. " They possessed wonderful power of vision, great celerity of foot and power of endurance ; they were expert in discovering the track of Kaffirs and cattle and when found could always follow it up until they reached both Kaffirs and cattle. In this respect, they were of far more use than the regular soldiers." Recruiting among the people continued for some months, but with poor result. Even the lure of a £2 bounty did not draw them. They looked upon this with suspicion and feared that by taking it, they condemned themselves to a military life for the rest of their days. Apart from this, too fresh in the memories of both burghers and Hottentots was the treatment they had received during the preceding year. There were some Hottentots, who although nominally dis banded were still retained at one or other of the military posts. At Fort Beaufort, for instance, there were many of the Graaff-Reinet levy in semi-nakedness and discontented. All seem to have been staunch in their refusal to re-enlist. On account of this difficulty of getting recruits and the sub sequent questionable behaviour of a large proportion of the burghers who did join the forces, the prospects of success in the contemplated military procedure were small. The first steps towards the solution of the Kaffirland problem which presented themselves to Sir Henry Pottinger were the re-establishment of King William's Town as a military depot ; the substitution of the mouth of the Buffalo river for Waterloo Bay as a landing place for stores and the formation of a number of small military posts between those uuftALU KI VER MOUTH TO BE DEVELOPED 29 places. Then eventually, when the war was over, he proposed CHAP. to declare the country between the Buffalo and Kei rivers L under the protection of the Queen of England and named British Kaffraria. British agents were to be appointed to assist the chiefs in the administration of justice and the settlement of disputes ; all that was good in native laws and customs was to be retained while all that was objectionable, such as witchcraft and certain obscene practices, was to be peremptorily abolished. In short, this prospective Kaffirland policy was 'to be very like that of Sir Benjamin D'Urban. Sir Henry Pottinger differed very materially from Sir P. Maitland in his attitude towards the chiefs. While the latter ignored them and hoped to govern entirely by European officials, the former thought it was impossible to act without them. The scheme of releasing 30,000 or 40,000 men free from all authority and guidance of their chiefs seemed to him to be preposterous and he could not understand how it could have been thought of. As will be seen, Sir Henry Pottinger did not remain long enough in the country to give effect to any of his good intentions. In view of the future development and prosperity of the Eastern Province, the attention which was now given to the mouth of the Buffalo river was of the first importance. But it must be said in passing that it was not the first attempt to turn that place to good account. During 1836, before it was known that the disastrous Philip-Glenelg-Stockenstrom policy was to result in the abandonment of the Province of Queen Adelaide and the undoing of all the good work of Sir Benjamin D'Urban and the famous Col. (afterwards Sir) Harry Smith, Mr. John Bailie — head of Bailie's party of 1820 settlers — first conceived the idea of establishing a port at the mouth of the Buffalo river. It is scarcely conceivable that any meditative and observant person, standing near the Buffalo mouth in 1847 and viewing that wide river making its way inland through those beautiful and wooded hills, would not have foreseen — even without a detailed vision of the future prosperous town of East London — that in the course of events, a centre of civilisation and industry would arise there. It could not be that the wild and thieving Kaffir was to be allowed to regard indefinitely the circum- 30 EARLY DISASTERS AT EAST LONDON CHAP, adjacent country as a refuge for stolen cattle and a perpetual lm home of all that was bad and violent. Perhaps some such considerations occurred to Mr. Bailie. In any case he sug gested to Sir Benjamin D'Urban the expediency of making surveys and taking soundings. This was done and a favour able report resulting, a small vessel made the first attempt to enter the river. The vessel was the Knysna which belonged to Mr. Rex the surveyor. With both Messrs Bailie and Rex on board, the Knysna left Cape Town with a cargo of stores for the troops and arrived at the mouth of 'the Buffalo, but was unable to cross the bar. All the stores, however, were safely landed on the western side in small boats. Mr. Bailie tells us that his first procedure on landing was to erect some sort of pole on an eminence on the eastern bank arid to hoist the British flag. The Knysna further tested the capabilities of the place by riding at anchor for seven weeks and successfully weathering two gales. Eventually, she sailed back to Cape Town with a cargo of hides. The name Port Rex was then given to the prospective site of East London. Port Rex was forgotten. Now, in 1847, another war causes the idea of the development of the mouth of the Buffalo to be re-born. Waterloo Bay as a landing place for military stores had proved dis appointing, so under the aegis of Sir Henry Pottinger and Sir George Berkeley the Buffalo mouth was re- surveyed. The work was done by Lt. Forsyth, in the exploring ship Beagle— in which the famous Charles Darwin had surveyed unknown coasts in Australia and South America. Again the report was satisfactory. Thus the mouth of the Buffalo became a port and even in these early days many vessels might, now and then, be seen at the anchorage at the same time. Its early history, however, is not free from accounts of disaster. On October 1 7th of this year, there were five vessels at anchor in the roadstead — the Kate, the Foam, the Ghika, the Chieftain and the Harriet. The weather was threatening, albeit cargo was being landed by means of surf boats. Early in the afternoon one of these boats in making its way from the shore to the ship through the surf — which was becoming more and more violent — was swamped when seven out of the ten men were drowned. ^iYii±nfjitii^jj MARKET CATTLE DRIVING" 31 Among them was Captain Froud of the Ghika. He had CHAP. offered the men a reward to risk taking him back to his ship. I- Then during the night, the Ghika itself broke from her moor ings, was driven into the surf and mysteriously became a total wreck, when twelve more persons — all on board — were drowned, making a total of nineteen. Mysteriously, because nothing was known on shore of the Ghika' s difficulties until one of her boats was found floating in the river the next morning. Sir George Berkeley, with a part of the 73rd regiment, marched to Port Buffalo — as for a time it may be called — and established there his headquarters. He did not make this march into the enemy's country without molestation. Kaffirs in many bushy parts, with considerable daring, showed themselves disposed to dispute the further progress of the column and to attack the waggon convoy. When the headquarters camp was formed, they hovered around and made it dangerous for any of the occupants to move to any distance. In this state of affairs and in moments of fancied safety, Major Smith of the 73rd was wounded and two of the Albany burghers were killed. To guard the drifts and other places through which it was possible for the Kaffirs to drive cattle, as well as to impress them with the idea that possession of their country had been taken, a number of temporary posts were established between Port Buffalo and King William's Town. These were manned, in the first place, by the burghers of Uitenhage and Albany and the Rifle Brigade. But shortly before this, namely in March, Col. Somerset with the C.M.R. and a number of burghers had operated effectively in the country between the Keiskamma and Chalumna rivers, scouring the bush for concealed Kaffirs, burning kraals and capturing cattle. One detachment killed two of the enemy and got 50 cattle while another captured 130. Such work as this constituted the Kaffir warfare of this time. It was, in fact, " Smithfield market cattle driving " as Col. Smith called it at the time of the 1835 war. Before Sir Henry Pottinger had been in Kaffirland a fortnight, he dealt in a very summary way with the treaties 32 SIR H. POTTINGER ANNULS TREATIES CHAP, which had been made with the various Kaffir tribes. Dis regarding all that had been done by Glenelg, Stockenstrom, Napier and Maitland in their policies of conciliation, for bearance and pampering with presents, he, without any ceremony, formality or customary assembling of chiefs, but with a mere stroke of the pen, so to speak, abolished every treaty whatsoever. According to a Government notice of March 31st, he gave it to be understood that " Several recent instances having occurred of papers having been transmitted to, or for the information of Her Majesty's High Commissioner in which allusion is made to ' Existing treaties ' and the ' terms of subsisting engagements ' -with Kaffir chiefs, His Excellency deems it advisable, with the object of putting a final stop to all misapprehension on this point, to publish for general information the appended extract of a letter, addressed from Fort Peddie, on the 26th instant, to Captain Maclean, Commissioner with the Tslambi tribes : — You have of course already distinctly understood that no treaties are to be made with any of the chiefs who may remain on this side of the Kei River, and all such as have been already entered into are to be considered as annulled without an exception." This sweeping statement must, of course, have included the Fingoes. It is however, open to question whether this was intended, for those people, from the time of their liberation from Gcaleka thraldom, had been loyal and had always taken part with the British against all the other tribes. In the early months of 1847, it was the intention of Sir H. Pottinger and Sir G. Berkeley to commence operations in the country beyond the Buffalo river, to bring to heel Pato, Kreli and Mapassa and thus to make a finality of the war. But these plans were frustrated almost as soon as thought of. For small as the total force was, it was further diminished by the refusal of many of the burghers to remain any longer in the field. According to the Proclamation of March 3rd, the volunteer burghers were not to be detained from their homes and families more than one month. Those who responded to the call, went to Fort Peddie, and must have waited there some time before Sir H. Pottinger arrived on March 19th. So that by April the 12th or 13th, their I'/.V I : HEW KAFFIR POLICE FORCE 33 proferred month of service expired. At that time, therefore, CHAP. without more ado, the whole of the Uitenhage burghers I- and most of those of Albany left their posts and commenced the return journey to their homes. This altered the plan of campaign and, for a time, made a forward movement im possible. This, not surprisingly, greatly- angered Sir G. Berkeley. He pointed out to the Governor the impossibility of carrying out any regular operations against the enemy, if the men under his command are to work, when, how and where they please and desert their posts at the very moment their services are most required. " If the burghers when called out for the defence of their country do not choose to defend it, but, on the contrary, disband themselves when ever they please, the sooner we leave them to their fate the better." The burghers when expostulated with, quoted the terms of the Proclamation. The Governor's answer was that he meant a month from the time they took service " in the field." He does not seem to have recognised that Fort Peddie was " in the field." Fortunately, in addition to the Fingoes and Hottentots, there was at this time another native force which had been raised shortly before. It was one on which the Governor looked with great confidence, but which was regarded with suspicion by the colonists. This new body was a police force comprised of " friendly " Kaffirs. In spite of acting against their own kith and kin, the Kaffir Police did very good work and gave such satisfaction to the Governor, that he caused this force to be largely increased. It was placed under the command of a Lieut. Davies, and had its head quarters at the new town of Alice, which was then making a start. The difficulty in which the Governor considered himself to be placed, induced him to look overseas for further rein forcements of regular troops. He proposed to get a regiment from India as well as assistance from St. Helena and Mauritius. But Earl Grey would not hear of it. He pointed out to Sir Henry Pottinger, that the total number of troops in the Colony was 5470,1 which with the assistance he was likely to get locally, placed him in a far better position than Sir 1 The number on the frontier was 3,271. VOL. V 3 D 34 KAFFIR DEPREDATIONS RIFE CHAP. Benjamin D'Urban had been in during the 1835 war, when I- the total number of troops was 1,709. He (Earl Grey) thought that the object in view ought to be attained without recourse to the Governor-General of India and the with drawal of portions of the garrisons from St. Helena and Mauritius. Time eventually showed that there was no need for these reinforcements. In consequence of Sir Henry Pottinger's conviction of the inadequacy of the military force, of the reluctance of the colonists to render any spirited assistance, of the doubts which were entertained concerning the fidelity of the Fingoes and the Kaffir Police and, perhaps it may be said, of that want in Sir Henry Pottinger himself of that fiery spirit and precipitancy which would have been exhibited by Sir Harry Smith under these circumstances, the Kaffirs had things much in their own way during the first six months of 1847. Depredations, especially in Lower Albany, were as rife as ever. It was impossible for isolated families living within twenty miles of the border to feel otherwise than insecure. In view of this state of things, J. D. Nel, in July, visited the Governor and assured him that their continuance would necessitate him and others to quit the Colony altogether. Sir Henry, in reply, could only say that it was his determination to subjugate the Kaffirs and to. bring about the peace which all so desired. He added further that he was persuaded that Her Majesty's Government still laboured under erroneous impressions with regard to . these matters and that he had been doing all he could to disabuse them. The present warfare, if it may be so called, was little more than the inglorious hunting of cattle thieves and the protection of convoys of supplies from one military post to another. The enemy undoubtedly resented the establish ments at Waterloo Bay and Fort Buffalo. To those places their attention was especially directed. They availed themselves of the opportunities which were offered by the neglect of those who had to guard property, as well as by their own daring and prowess. In May, two mule waggons, laden with supplies and escorted by ten men of the C.M.R., were going from Port Buffalo to King William's Town. About KAtEIHS ATTACK A CONVOY 35 half-way, near Need's camp,1 the road lay through a defile CHAP. which was flanked on both sides by high rocky eminences L and therefore, in the state of the country, a dangerous place, as offering cover to hostile Kaffirs. Fortunately Kaffirs were seen in that part before the convoy entered. One or two of the escort seized shelter behind some of the rocks on one side of the defile, while the Kaffirs were behind those on the other. From both sides firing commenced and con tinued for half an hour, during which time, in spite of the hail of bullets, the remainder of the escort rushed the waggons through. The Kaffirs retreated to a distant thicket and were followed. Three were found dead and the blood in different places indicated that many must have been wounded. The firing being heard at Need's camp, assistance was sent forth, but when it arrived, the action was over. Although there were many Kaffirs who were disposed to make such attacks as this, probably a very much larger number, including chiefs, were in favour of peace. The women had actually declared their intention to go into the Colony for refuge as a protest against continuance of the war by the men. In May, the warlike Gaikas through Sandilli asked that the missionaries and traders might be allowed to return to Kaffirland. This however, may not have meant much, especially in view of Sandilli's behaviour shortly afterwards. The Governor not feeling prepared to declare peace with the Gaikas, said that those people might return if they chose, but that he would not be responsible for their safety. In June, matters assumed a more warlike aspect and, as in the previous year, the troops found the enemy worthier of their steel. Sandilli was held responsible for all that happened. But in justice to that wily chief, it must be said that — in the first place at all events — his offence was one which could scarcely be construed as defiance of the Govern ment, though it afterwards developed into that. It was, comparatively speaking, the insignificant crime of one Kaffir in Kaffirland stealing stock from another. He was - Need's camp was a temporary post which, in the first place, was held by the Uitenhage volunteers, but when they abandoned it, Lieut. Need with some of the Rifle Brigade was stationed there. The site still bears the name. 36 ATTEMPT TO ARREST SANDILLI CHAP, probably more inclined for war now than he had been during L the previous six months, but finding the troops upon his track to punish him for what was really more of a domestic affair, he summoned force to oppose them. The details of the case are these. Fourteen goats were stolen from a Fingo's kraal in the Kat River district. The matter having been reported to the Kaffir police, the spoor was traced to a kraal of one of Sandilli's people, about twenty miles distant. The police then, as in duty bound, reported the theft to Sandilli. Sandilli, in righteous wrath let us suppose, visited the offending kraal, recovered the stolen goats and took all the cattle belonging to the thief as well as those of some perfectly innocent people, and converted all to his own use. As soon as the matter became known to the Revd. H. Calderwood, the Gaika commissioner at Block Drift, he sent two messengers to Sandilli's place near Burns Hill, demanded the restoration of the goats, three head of cattle as a fine and the person of the thief. Nothing seems to have been said about the other people's cattle. Sandilli returned twelve goats and the answer that he could not send the thief as he did not know who he was ; in fact, so he said, he did not believe the goats had been stolen, but had been found just wandering about and belong ing to nobody. That, he was lying was obvious from the fact that he had confiscated the thief's property. The Governor decided that this matter could not be overlooked. He left it to the discretion of Mr. Calderwood to adopt the one or the other of the following courses of action : — either to compel Sandilli to restore the remaining two goats, to deliver up the thief and to pay a fine for his contumacy, or to seize him and place him in confinement as a traitor and disturber of the public tranquillity. And as these measures might lead to an outbreak, the authorities at the Kat River Settlement and Fort Beaufort were to warn their respective inhabitants to be on the alert. The second of these alternatives, which really in practice included the first, was the one attempted. On June 1 5th, Lieut. Davies with 74 of the Kaffir Police moved off from the police office in Alice towards Middle Drift. And at the same time Capt. Moultree, from Fort ANTA ALSO FLED 37 Hare, marched in command of parties of the 45th regiment, chap. the 7th Dragoon Guards, the Cape Corps and Fingoes — about 170 strong — towards the same place. These forces united in the afternoon and bivouacked for the night at Middle Drift. Signal fires of the Kaffirs were seen on the distant hills, indicating that in all probability, the enemy was not in ignorance of the move which was intended against them. At two o'clock in the dark morning of the 16th, the whole force moved along the upper road to Burns Hill, undoubtedly passing over the place where the disaster to the waggons took place in the preceding April. Then in confident hopes of catching Sandilli and his people napping — or fast asleep in their huts — the two-mile further journey was made towards his place. But as so often happened in Kaffir warfare, there was something about the equipment of the regular military which could make a noise and give warning of its approach, so in this case, the rattling of the swords of the galloping dragoons was heard at the kraals. Instantly all was life and soon the war cry was heard, calling Gaikas to arms. It is scarcely surprising therefore, that when the officers went to Sandilli's kraal to seize the chief, he was not to be found and the main object of the expedition was foiled. Lieut. Davies with his men rode a short distance to the kraal of the chief Anta — Sandilli's brother — in the hope of arresting him. But he also had fled and left as his represen tatives a large number of his people armed with guns. Lieuts. Davies and Russell (also of the Kaffir Police) then took their men along the spoor of cattle which went up the adjacent Amatola mountains. Right on top they cap tured a number of animals with which they returned to Sandilli's kraal and rejoined the remainder of the force. The cattle at that place were also seized. The return march to Block Drift was then commenced. The sight of their cattle being driven from them could not permit the Kaffirs to suffer this march to be made without molestation. The troops reached Burns Hill safely, where a halt was called. During this time, Kaffirs in great strength were seen to be approaching, but obviously making their way to the upper drift across the Keiskamma, where under ordinary circum- 38 A FIGHTING RETREAT CHAP, stances the river would be crossed. On this account as well as because of the danger of this upper road with its thick bush on either side, Capt. Moultree ordered his men to make a detour and endeavour to reach the lower drift — the Middle Drift in fact — albeit that path also passed for some distance through thick bush. On reaching the top of a hill, a further reinforcement of two hundred Kaffirs armed with guns was discovered on the other side and in the distance yet more were seen to be approaching. Capt. Moultree estimated that there were at least a thousand bent on opposing his retreat, for that in reality is what it was. Sandilli himself was seen upon this hill. He sent a messenger to Lieut. Davies to ask where the cattle were going and what he had done to merit such treatment as this. He was told in reply, to go to Block Drift and discuss the matter with Mr. Calderwood. Firing commenced on both sides and was continued while both bodies of combatants moved towards Block Drift, but the Kaffirs wisely kept at too great a distance to admit of much damage being done. Three however, were seen to fall dead ; how many more were killed and how many wounded is uncertain. On the side of the troops, during this march of fifteen miles, one private of the 45th was killed and one wounded ; one of the 7th Dragoon Guards was wounded and of the Kaffir Police, Lieut. Russell and one private were killed. The enemy followed the force up to within four miles of Fort Hare, which place was reached at five in the afternoon. Thirty-nine cattle and two horses were taken in ; there should have been many more considering the number captured, but many had escaped, frightened by the sound of the guns — and, of course, were recaptured by the Kaffirs. This affair gave a new and definite turn to the war. It demonstrated that the Gaikas were less peaceably inclined and better supplied with guns than had been supposed. And the fact that these troops had had to make a retreat, reminiscent of that from Burns Hill in April, 1846, indicated that before any further action was taken against Sandilli, it was necessary to make sure that the means at hand might reasonably be expected to ensure success. It was clear that there would have to be further hunting in the extensive Amatola mountains. Sir SLOW RECRUITING 39 Henry Pottinger now saw reason to regret his premature chap. and sweeping disbandment of all the levies and the unpopu- L larity which he had thus brought upon himself. At this time, he tells Sir George Berkeley, that the worst feature of the present position of affairs is the want of spirit and the apathy of the colonists. It is not to be denied, he said, that they have suffered much in the past. To induce them to come forward again he promised, in his Proclamation of August 27th, that they should be permitted to keep for their own use all the cattle and other booty which they took from the Kaffirs. Major Hogge was moving actively about the country, even as far from the Frontier as the districts of George and Swellendam endeavouring to enlist and re- enlist Hottentots ; but the length of his lists grew very slowly. The 90th regiment, which had been sent to Cape Town, was soon under orders to embark for Port Buffalo. For three months preparations of one kind or another were in progress, during which time Sir Henry Pottinger oscillated between the determination to commence hostilities and the fear of doing so. The Gaikas, in the meantime, were not idle. Cattle were sent into distant places of supposed security and Sandilli was holding communication with Kreli and Pato with a view to combination. All other chiefs however stood aloof and refused to become involved in the hostilities. Maqomo even begged to be granted the same privilege as had been accorded to Unkye at the beginning of the war, namely, that of being allowed to reside in the Colony. He was permitted to do so and Port Elizabeth was chosen as his residence. He was allowed to take with him ten followers who, like himself, were to be maintained at the public expense. These ten followers had between them, besides a hundred cattle, twenty horses and two waggons, twenty-six wives and fifty-two children — eighty- eight persons in all. The people of Port Elizabeth were very angry when they heard of the honour Maqomo was to confer upon them, for they regarded him as a more dangerous character than Sandilli. They petitioned the Governor against this move, but it took place all the same. A few days after the punitive visitation to Sandilli's kraal, the chief, though undoubtedly justified in making 40 SANDILLI TRIES TO PATCH UP PEACE CHAP, his escape, probably felt that matters had gone too far in the attack which had been made upon the troops. In any case, he endeavoured to mend matters by sending, as a peace offering, twenty-one milch cows and good oxen to Mr. Calderwood at Block Drift. This procedure created a some what perplexing situation. If this offering was accepted as an earnest of Sandilli's contrition and sincerity, then the contemplated action against him must be deferred, if not entirely abandoned, as it would be a distinct act of treachery to treat with him one day and attack him the next. On the other hand, in view of the improbability of his remaining at peace any longer than suited his purpose, it seemed more expedient to visit upon him such punishment as should humble him and his people permanently. Mr. Calderwood was of opinion that no further parley should be held with him until a sufficient force was at hand to compel him to accede to the demands which were to be made. The gift therefore, was not accepted. On July 5th, Sandilli made a further attempt to patch up a peace and, incidentally, to recover the cattle which had been taken by the troops. He sent two messengers to Mr. Calderwood " his father " to say that the late affair at his place arose out of a misunderstanding. He tried to convey the idea that besides the twelve goats which he had restored, he had also sent the fine of three oxen, but the messenger had stolen them and driven them off to his own kraal. He (Sandilli) was now determined to find that messenger and punish him. " Sandilli is hungry and his children are hungry " he said " therefore, he begs his father to restore the cattle." Mr. Calderwood's answer was " the late affair at Sandilli's place was no mistake and Sandilli has already been fully informed of its cause. I have no word respecting the cattle, they are already in the hands of the Governor, who is much displeased with Sandilli. My only reply to Sandilli's message can be : Where is the thief whom Sandilli said he did not know, while he had already taken his property ? Whose fire arms were those employed in firing upon the servants of the Government who went to Sandilli's place ? — they do not belong to Sandilli, because Sandilli says he has submitted to the Government and given up all ATTEMPTS TO AVERT WAR 41 his guns. It is no mistake, they were in Sandilli's country, chap. Until these questions are answered, I cannot believe Sandilli's professions of submission." During the ensuing few weeks, there was apparent peace, though both sides were quietly making preparations for war. On the part of the Colony strenuous, though not very successful, exertions were made to get recruits while on the side of the Gaikas cattle were being driven for safety to the Windvogelberg (Cathcart) and Sandilli, also not very successfully, was endeavouring to obtain the co-operation of other tribes. By the middle of August, Sir Henry Pottinger's military ardour had considerably cooled. He had weighed, as they demanded, the difficulties, both civil and military, which surrounded the whole affair and had, in the end, come to the resolution of trying to avoid a recommencement of hostilities for the present. He hoped to do this by making such a demand upon Sandilli as, should it be complied with, would, he thought, satisfy the offended dignity and honour of the British Government. Mr. Calderwood therefore was authorised to inform Sandilli that if he would give up two hundred guns and also seize and deliver up the thief of the goats, all that had passed would be overlooked and matters would be allowed to revert to a friendly footing. But should he, on the other hand, refuse this moderate demand, then the Governor would consider himself at liberty to adopt such measures as he might see fit. Mr. Calderwood had little hope of success in any such negotiation with Sandilli. In accordance with the Governor's instructions, he sent, on August 18th, two trusty messengers accompanied by the missionary, Mr. McDiarmid and a good interpreter to Sandilli's kraal — a distance of about fourteen miles. When they arrived the chief was not at home. A great chief never was at home when emissaries from the Government or other important delegate, suspected of coming on some unpleasant errand, reached the place ; though most probably all the time he was not very far distant. The Governor's message was delivered to Anta, Sandilli's brother and to Sutu, his mother, in the presence and hearing of about thirty of the chief men of the kraal and in so distinct a manner as to preclude the possibility of any misunder- 42 SANDILLI DECLARED A REBEL CHAP, standing. The next day, Mr. Calderwood received a L message from Sandilli saying that he was now at home and the messenger might be sent to him again. In answer to this impertinence, Sandilli was told that unless he (Mr. Calderwood) received acceptance of the Governor's terms by sundown that day, it would be taken as his rejection of them and the Governor would be informed accordingly. This did not frighten Sandilli as there had been a numerously- attended meeting at his place when it was decided by a large majority to refuse to part with their treasured guns. As nothing further was heard from Sandilli, Sir Henry Pottinger considered that such contumacious behaviour could not be overlooked without endangering the general peace and tranquillity of the Colony, it was therefore im possible to avoid proceeding to active hostilities. On August 27th, he issued a Proclamation, declaring Sandilli a rebel and no longer under the protection of Her Majesty's Government. It was then also when he invited all classes of men to aid in the intended hostile measures against the said rebel on the promise of their being allowed to keep all the cattle they could capture. Every attention had now to be given to the details of the military operations which Sandilli's conduct had rendered imperative. It was decided that men in parties of three or four hundred, as lightly equipped as possible and without waggons, should enter the Amatola mountains at different places, scour them from top to bottom, destroy all habitations and seize all cattle. All this was to commence at the full of the moon in September. The available forces were the 6th, 27th, 45th, 90th and 91st regiments, the C.M.R. and Rifle Brigade as well as the Swellendam and Kat River Hottentots, the Kaffir Police and Kama's Kaffirs. The colonists would render little or no assistance. The conditions under which the hostilities were to be carried on were very favourable compared with those which took place during the previous year. There was no drought, consequently the country was in fine condition and afforded plenty of food for ox and horse and there was no shortage of supplies or ammunition— depots having been established at King William's Town, Debe Nek and Fort Hare. On the evening SANDILLI TRIES TO NEGOTIATE 43 of September 19th, three columns, one under the command of chap. Col. Somerset, one under Col. Buller and one under Col. L Campbell — two thousand men in all — assembled at three different points at the base of the famous Kaffir strongholds. On the morning of the 20th a simultaneous move was made into the mountains. The action, on the whole, seems to have been very tame. The Kaffirs were very disinclined to fight and fled immediately on the appearance of the troops, so that they had practically everything their own way. In one instance only did they return the fire ; this was against Capt. Hogge's Hottentots in the Keiskamma Hoek moun tains. Four Kaffirs were killed and 300 cattle were captured. On September 28th, Capt. Hogge arrived in King William's Town and reported that during the previous ten days he had ridden through most of the country and everywhere found the Kaffirs inclined for peace. Even the warlike Seyolo had tendered his unqualified submission and other chiefs were stated to have advised Sandilli to throw himself upon the Governor's mercy. It is certain that before long, Sandilli must not only have found himself unsupported by any other chief, but even advised to surrender by those on whom he relied for support. On October 19th, just a month after the action began, this final surrender took place. Final, because on three occasions, very shortly before, he endeavoured to open negotiations with Capt. Maclean, the Ndhlambi commissioner. The first was on September 25th, when he must have seen or known that, from the Kaffir point of view, things were going very badly. He sent his brother Anta to learn on what terms he would be received. The answer was unconditional surrender and a readiness to meet all demands made by the Governor without further discussion or evasion. On October 5th, he tried again and sent as a peace offering one gun (instead of two hundred) as an earnest of his sincerity and with the message that its acceptance would be considered as a guarantee of the cessation of hostilities. He received for reply the intimation that his offer was an insult to the Governor and that nothing less than his personal surrender would be accepted. On October 10th he renewed his move for peace and increased his offer to ten guns ; but he received 44 SURRENDER OF SANDILLI CHAP, the same answer as before. By the 18th, when the troops had rendered his case almost desperate and he himself had been very nearly captured while hiding in a rocky eminence above the Wolf river, he evidently saw no alternative but to submit to any terms which might be demanded. On the evening of that day, the 18th, two of Sandilli's councillors arrived at Col. Buller's camp at Keiskamma Hoek. They stated that Sandilli wished " to come out of the bush and fall at the Governor's feet." Sandilli, so they said, was too far away to come in that night, but if Col. Buller would send an officer to conduct him to the camp, he would come in the next day. Accordingly at dawn on the 19th, Capt. Bisset with an interpreter and accompanied, presumably, by the two councillors moved to the part where Sandilli and a number of his people were in hiding. Having chosen a place for the meeting, Capt. Bisset had to wait two hours before Sandilli with Anta and eighty of his followers ap peared. Sandilli wished to make terms then and there with Capt. Bisset, but was told that Captain Bisset was only a small captain and could not talk and that it was necessary to go to Keiskamma Hoek, where the chief would meet a big captain. Sandilli hesitated and conferred with his men on the wisdom of this move. His personal safety having been guaranteed and he himself repeating in Dutch, " Zijn personlyke leven is versekert," he lighted his pipe and said, " I will go." The return journey to the camp was then made, during which Capt. Bisset would hold no conversation with him. This is an important statement, the truth of which it is somewhat difficult to elicit. For shortly afterwards, Sandilli tried to show that his surrender had been obtained through treachery, that he had been induced to give himself up by false pretences on the part of Capt. Bisset. Sir H. Pottinger in his despatch to Earl Grey on November 1 ith, said that the matter was one which involved the good faith of the British Government and his own personal conduct as Governor. Of this more anon. Sandilli on his arrival at the Keiskamma Hoek camp was received by Col. Buller. "I am glad to see you have surrendered yourself to the Government," said the Colonel, " it was the only thing you could do, had you not done so xaixuilli UN ROUTE TO GRAHAMSTOWN 45 hostilities would never have ceased." There can be no chap. doubt that Sandilli's surrender was unconditional, but very I- soon after his arrival in the camp, he endeavoured to make it appear that he had come to complain of the action of Mr. Calderwood in not sending him any message prior to war being declared upon him, in short, that he was now in the camp, not as a prisoner of war, but as great chief having come to confer on a political matter with the representative of the Governor. Capt. Bisset rode off to Sir Henry Pottinger in Grahamstown and acquainted him with the progress of affairs so far. He returned to Keiskamma Hoek and through the interpreter, Mr. W. G. B. Shepstone, told Sandilli that the Governor had heard of his request for peace and of his complaint against Mr. Calderwood; that Sandilli was to proceed to King William's Town with not more than ten of his chief councillors, who would be able to give evidence on the grievances he wished to bring against the Gaika Commissioner before being brought face to face with him. Sandilli answered, " This is all I wanted and I am ready to accompany you. I never received any message from Mr. Calderwood making a Government demand upon me, I was absent from home at the time the messenger arrived from the Commissioner, and when I returned home, I sent to know what the message was. But my men were sent away and told I should be reported for having offered an insult to the Government." In accordance with the Governor's instruction, Sandilli and his suite, escorted by twenty of the 7th Dragoon Guards and twenty of the C.M.R., with two mule waggons, moved off to King William'sTown, really en route to Grahamstown, where they were to be imprisoned. Capt Bisset was in charge and command. Before they started a somewhat perplexing conversation took place between Capt. Bisset and Capt. Maclean. The former asked that Mr. Shepstone might be allowed to accompany the party as interpreter. Capt. Maclean refused on the ground that an interpreter could not be wanted. " Yes," said Capt. Bisset, " I want to conciliate him (Sandilli)." " What," said Capt. Maclean, " conciliate a rebel ? Has he not surrendered himself ? He ought to be seized if he attempts to resist." Capt. Bisset 46 IN PRISON AT GRAHAMSTOWN CHAP, then explained that Sandilli had surrendered on the promise of being allowed to justify himself against Mr. Calderwood's accusations and that so far it was concealed from him that he was to go to Grahamstown. Capt. Maclean then asked, " Would he not have given himself up but for that promise ? " " No," said Capt. Bisset. " Well then," rejoined Capt. Maclean, " I do not like the transaction at all, I look to the result which will be injurious, for when the natives hear the nature of Sandilli's surrender and that he is detained as a prisoner, Pato will never give himself up, I refused Sandilli's surrender on the same terms some time ago." On his arrival in King William's Town, Sandilli, probably an object of interest and curiosity, was entertained at luncheon by the officers, when his behaviour seems to have given considerable amusement. It is not clear, however, that there was any investigation into his charge against Mr. Calderwood. In due course the cavalcade moved on to Grahamstown where it arrived on the 29th (October). The prisoners, for such they were, were housed in a small building then standing in the Drostdy grounds and a strong guard was placed over them. Three days after their arrival they were visited by Messrs Woosnam and Calderwood. Sandilli's demeanour in their presence was not that of a suppliant for mercy or consideration. There was no salute or any other sign of respect made by the chief and his men when the officers of the Government entered. In the ensuing conversa tion Sandilli was asked whether he was aware that he was a prisoner. He replied, he was not, that he " came out of the bush " at Capt. Bisset's request. Taking into considera tion the general character of this wily and worthless barbarian as well as the conditions under which he gave himself up, it is not possible to place the slightest reliance on anything he said in connection with these matters. For the present we must leave him in prison. On October 23rd, while Capt. Bisset was with Sandilli on the road to Grahamstown, a number of military officers met socially at the quarters of a Lieut. Gregory in King William's Town. The merry conversation turned on the expensive luxuries which had been purchased on behalf of Sandilli ; one of the officers gave a laughable description of DISCUSSION ON THE TERMS OF SURRENDER 47 the chief's conduct at the luncheon, which seems to have CHAP. been engineered by Capt. Bisset. Discussion then arose on L the terms and circumstances connected with the surrender, when Capt. Maclean, so it was reported, said, " the chief had been cajoled to surrender and that on the same terms he might have had his surrender some time previously, that the surrender was not unconditional, that he (Maclean) had formed this opinion on Capt. Bisset's own words." This statement was resented, not only by Capt. Bisset, who demanded an explanation from Capt. Maclean, but also by Sir George Berkeley, the Commander of the Forces, as well as other officers. It was regarded as a slur on the good name of the Army and a reflection upon those who had been in any way connected with Sandilli's arrest. Capt. Maclean in answer denied that he used the word " cajoled " or men tioned Capt. Bisset's name, though he admitted all else and added, " I never knew repetitions of private conversation tend to any good." Sir George Berkeley brought the matter before the Governor. " I cannot refrain," he said, " from saying, that on his own showing, the language held by Capt. Maclean was, from a public officer in his position, improper and unbecoming." Sir Henry Pottinger in answer, November 22nd, said : "I am much surprised to find the footing on which Sandilli was treated on his arrival in King William's Town, as I think that treatment was calculated to give an erroneous impression to the wily chief — and in fact to the world — of the position in which he stood, that of an unconditional prisoner. I feel it to be due to Capt. Maclean to say that I perfectly concur in the sentiments he has expressed as to private conversation having been repeated, and as far as my judgment goes, I must certainly exonerate him as having applied unjustifiable expressions to the army." ..." I have strong reasons for believing that Sandilli was, previous to his surrender, encouraged to give himself up by a promise, to which I never either directly or indirectly intimated my con currence." That ended the matter. Whatever Capts. Bisset and Maclean did or did not say, the colonists had the satisfaction of knowing that by the joint action of these officers, Sandilli was for the first time in his 48 MOVEMENT TO CAPTURE PATO CHAP, career and for a period at least, a harmless and inoffensive native. The surrender of Sandilli and his safe incarceration in Grahamstown left but one more step to finish the war. This was the capture of Pato and the subjugation of his people. In modern parlance, Pato had been a sport from beginning to end. He was really the first to egg on and enter the war, he was most probably Sandilli's chief instigator in the first instance ; and here now he was the very last to give in and that not without exacting a heavy price in labour and suffering from those who eventually obtained his surrender. Being now the only hostile chief in the field — his brother Cobus Congo, who was with him, was not of much account — the whole attention of the forces could be turned against him. Not, however, that he had been neglected while the operations which had brought Sandilli to book were in progress, for during September and October, Col. Somerset with his mobile colonial force was moving about continually in the country between the Buffalo and Kei rivers and rendering any part of it, from Pato's point of view, a most undesirable residence. Sir George Berkeley seems to have ignored all this when he wrote to the Governor on October 21st and said that as the hostilities against the Gaikas had been brought to a successful termination by the surrender of Sandilli, he was proceeding to organise the force under his command for a movement against Pato and Kreli. Col. Somerset's force, eminently suited to the guerilla warfare which had to be carried on for some weeks, consisted of the C.M.R., Capt. Hogge's Hottentot levies and about two hundred burgher Volunteers. Although these last had practically refused to enlist under Sir Henry Pottinger or Sir George Berkeley, they did so under their well-known commander and friend Col. Somerset. " The colonists are not entitled from their conduct to the smallest consideration " said the Governor in discussing the distribution of the cattle which had been captured in connection with the actions against Sandilli. Col. Somerset scoured all the intricacies and likely Kaffir hiding places along the Nahoon, Kabousie and Gonubie rivers, while Sir George Berkeley operated in the PATO EVADES CAPTURE 49 Buffalo mountains. But though at times large bodies of chap, Kaffirs were seen in the distance they seemed indisposed to I- fight and unresistingly allowed their cattle to be driven away. In this manner, early in October, Col. Somerset with three companies of the 73rd regiment and the Swellen- dam Hottentot levy obtained over a thousand head of cattle at the sources of the Kabousie. Pato and his followers were no less mobile than Col. Somerset's force. It was no easy matter to learn anything of the astute chief's whereabouts. But at the end of October, Col. Somerset saw with delight a probability — almost amounting to certainty — of seizing the prize and having the honour of terminating the war. With the C.M.R. the Hottentot Provisionals and ninety-five Shiloh burghers, he hurried from a camp he had formed near the Gonubie and halted for a time at a place near the Komgha stream. Then a night march, a ride of twenty- five miles brought the force at daylight into the vicinity of Pato's kraal. With the utmost care and silence, so as not to disturb the slumberers, the C.M.R., were stationed in such positions around the place as to preclude the possibility of the chief's escape. At a given signal the kraal was stormed on all sides when it was expected that the rudely- awakened natives would pour forth and find themselves prisoners. But none did pour forth. The place was deserted and Pato was nowhere to be found. He had moved nearer to the Kei. He had yet to give the troops a further six weeks' run before he was prepared to declare the game up. Thus foiled, Col. Somerset moved Kei-wards in the hope yet of catching Pato. Again circumstances appeared to be promising. If the sight of Pato's people in large numbers could be any gratification to Col. Somerset, he should have been happy with what he saw on the hills at the head of the Chechaba, a small river which runs into the Kei on the west side and near its mouth. Exposing themselves to view more daringly than they had done for some time, eight or nine hundred Kaffirs — many on horseback — were assembled on a distant height. That country in consequence of its hilly — it might almost be said mountainous — character is a difficult part in which to carry on hostile operations, and one in which the advantage is with the Kaffirs. Col. Somerset at vol. v 4 e go PATO ESCAPES AGAltf CHAP, first thought that the natives were merely watching the I- movements of the troops and as the day was declining he had determined to prepare to bivouac for the night. But the enemy was soon seen to be in motion and evidently advancing. They rushed down the hill which they were then upon and quickly ascended another which gave them splendid cover. It was a ridge along the top of which and upon its slopes, rocky crags and large stones afforded protection against gunfire. In a very short time, the enemy was in an excellent position. Col. Somerset immediately placed his force in extended order and was prepared to charge and be charged. Strong flanking parties of the C.M.R. were detached in order to protect his rear from surprise by any enemy lurking and concealed in the dense kloofs on his right and left. All so far ready, a burgher sounded the charge. A solitary Kaffir was seen to come forward and heard to shout, " Now is the day we fight and make an end of the war." Despite the fire from behind the stones, which fortunately was ineffective — and thanks to the inferiority of the guns with which low-class traders had illicitly supplied the natives, Col. Somerset's men were able to charge up to within about eighty yards of the position. The enemy commenced a retreat and within twenty minutes from the opening of the fire, the crest of the hill was reached, and Pato's people had disappeared into the adjacent thickets, leaving karosses, arms and horses. But the chief object of the expedition again failed — Pato was not caught. Of the casualties, fourteen Kaffirs were seen lying dead, but how many more were killed and how many wounded was un known ; it was evident from the marks of blood that con siderable damage had been done. Two of Col. Somerset's men were wounded. The troops returned to their camp and after due rest, the further expedition was made to and over the Kei. While Col. Somerset and his force were engaged in this Pato and cattle hunt, Sir George Berkeley, in pursuance of his own plans, moved from his camp at Port Buffalo and formed his headquarters at the Komgha, probably in the vicinity of the present town of that name. He soon found he was near the haunt of a large number of warlike Gcalekas, the people of Kreli, and that FIVE OFFICERS MURDERED BY KAFFIRS 51 he was called into the first really strenuous action he had CHAP. yet seen in this war. L On the afternoon of November 13th, five officers, Capt. Baker, Lieut. Faunt, Ensign Burnop, Dr. Campbell and Assistant Surgeon Loch set out from the camp to explore the surrounding country. Night came on and they did not return. In the consequent alarm for their safety, search parties went out early the next morning. It was not long before the five bodies in a naked state were found. Obviously, they had been murdered by Kaffirs. The details attending the murders were not known. It was surmised that they had ridden about five or six miles along a ridge, leading to the Kei, that they came to a very high hill, now known as Mordenaar's Kop, and by the Kaffirs as Sihota,1 one side of which is a precipice of several hundred feet, at the bottom of which flows the Kei river, that they led their horses up the bushy slope on the land side and that their retreat being cut off by Kaffirs who had been hidden in the bush, they were murdered on the return journey and stripped of all they had. The bodies were taken back to the camp and, in the first instance, buried at an old missionary station in the vicinity. Eventually, they were disinterred and reburied in Trinity Church, King William's Town. In the search for the bodies of these five officers, the large quantity of cattle which was seen made it clear that hostile Kaffirs, in large numbers, were congregated in that secluded spot. It was, in fact, a stronghold of the Gcalekas, the people of Kreli. Sir George Berkeley therefore determined to attack it. To this end he sought the co-operation of Col. Somerset. That officer responded promptly to the call and arrived at the Komgha camp with 100 of the C.M.R., 300 of Capt. Hogge's levy and 170 burghers. These together with 30 of the 7th Dragoon Guards and 200 of the 73rd regiment under the command of Sir George himself arrived at the base of Mordenaar's Kop at four in the morning of November 1 5th. Two strong detachments, one moving to the right, the other to the left, scoured the rugged and difficult lower lands, while Sir George Berkeley with a part of the C.M.R. struggled to the top of the mountain. From that place he had a magnifi- 1 Vide page 132, Volume III of this work. 52 AN ARDUOUS MARCH IN KRELI'S COUNTRV CHAP, cent view of the bends of the Kei river below as well as L of the distant Kaffirland. He saw also large numbers of natives hurriedly endeavouring to swim cattle to the far side of the river. To these he dispatched a strong body of the C.M.R., which succeeded in intercepting many of the animals. The combined effect of all these movements was the clearance of the place of concealed Gcalekas, the killing of twenty-five of them and the capture of three hundred head of cattle. One corporal of Capt. Hogge's levy was the only man killed on the side of the forces. This, however, had but small bearing on the main object of all these activities, namely, the capture of Pato. There was no doubt that at this time he had crossed the Kei and was in refuge in Kreli's country. But he was there as an uninvited and undesirable guest. The turn of affairs in the Colony had made Kreli mindful of his own safety, he there fore saw it to his interest, not only to refuse to allow Pato to enter his territory, but to be disposed to make some attempt to capture him if he did so. But all the same Pato was there. As soon as Col. Somerset got back to his camp after the action at Mordenaar's Kop, he made preparations for an expedition into the Transkeian territories, and on the morning of November 19th, with his C.M.R. Hottentot levies and burghers — about 900 strong — all in light marching order and with five days' provisions, he crossed the Kei at the lower drift. A northerly direction was then taken to a high hill at the junction of the Gcua river with the Kei. From the large numbers of cattle which could be seen in the sur rounding parts as well as natives, it appeared that the im mediate pursuit was likely to be profitable, both in booty and honour. Without going into all the details of the move ments of Col. Somerset and Capts. Hogge, Bisset and Armstrong along the Kei and Tsomo rivers, capturing cattle here and killing Kaffirs there, it will suffice to say that for eleven days the force had a very arduous time in a difficult country and during the worst possible weather. It seems to have rained almost continuously, with the result that the rivers, especially the Kei, being very full and dangerous, became impassable. There were also dense mists, during which it was almost impossible for the troops to move. SURRENDER OF PATO 53 In spite of all this, however, two thousand cattle were CHAP. captured and thirteen Kaffirs were killed. But Pato L was not yet caught. In fact, he never was. For another fortnight he made a kind of " will o' the wisp " of himself, always being nearly caught but evading his pursuers and leading them in some different direction. At length, having found himself without a friend among the other chiefs and probably in as much danger from Kreli as from Col. Somerset, he sent messengers to the Colonel asking if his life would be guaranteed in the event of his surrender. This was promised. So on December 19th, he surrendered and became a prisoner of war — and the war of 1846 practically came to an end.1 But there remained to be done much clearing up in the shape of the abolition of all treaties, kissing the Governor's big toe and new arrangements in British Kaffraria — matters which will be dealt with in their proper places. These, however, were left to the new Governor of the colony — the famous Sir Harry Smith, who arrived during this eventful December, while Sir Henry Pottinger and Sir George Berkeley were leaving for India. The conduct of the Kaffir police had been so satisfactory and they had rendered such good service— albeit the colonists looked upon them with suspicion and doubted the wisdom of placing guns in their hands — that Sir Henry Pottinger, as one of his last military acts, authorised the formation of a second division of two hundred, making in all a force of four hundred and forty-six. On the principle of setting a thief to catch a thief, they were useful in connection with the cattle thefts in the Colony, which, in spite of the formal termination of war were almost as rife as ever. As far as the safety of stock was concerned, a state of so-called peace was little better than open war. The establishment of this Kaffir police force was approved by the new Governor and also by Earl Grey. Another military act which signalised the reign of Sir Henry Pottinger, though he had not much to do with it, was the building of Fort Hare. It will be remembered that the survey of the ground for this fort in January, 1846, 1 The cost of the war from April ist, 1846, to December 31st, 1847, was £1,160,704 9s. iod., and to June 30th, 1848, a further £198,295 2s. 4d. 54 FORT HARE CHAP, was one of the contributary causes of the outbreak of the war. But in consequence of that outbreak nothing in the way of building or construction could be done until the beginning of 1847. On November 16th of that year, Sir George Berkeley was able to report that the work was nearly com pleted and that it was costing £8,632 5s. 3d., instead of £9»S79 8s. 9|d. which had been estimated. Fort Hare really was more of a large palisaded military village than a fort in the ordinary sense of the term. The outer walls were formed by poles about twelve inches in diameter cut down the centre. These half poles were placed with the flat surfaces inwards and " nailed to ribbands of the same scantling notched into uprights seven feet six inches apart," and sunk two feet into the ground and strutted. Outside these, earth was banked up to within about a foot of the top of the palisades. The enclosure thus formed, was about 600 yards long and 266 wide. It came to a point at each end as shown in the plan. At the end where the magazine was situated, the walls seem to have been of brick instead of palisade. The whole enclosure was flanked and defended by ten circular bastions, seven feet six inches high, on which large guns could be placed. The walls which were two feet thick, were roughly built of large stones, set in clay, and the whole space thus formed was filled in with earth. One of these bastions was placed at each of the six angles and four others at places equidistant along the pali saded walls. Within this frail enclosure, there was accom modation for a battalion of 560 infantry and a squadron of 100 cavalry. There were mess establishments, hospital, stables, storerooms for 500 tons of supplies and. two magazines to contain 2,000 quarter barrels of small arm ammunition, besides numerous huts for the men, cells, and other necessary buildings and offices. Its position from a military point of view was declared to be excellent, situated on an open plateau and commanding well the surrounding country. Being near the left bank of the Tyumie river, there was a plentiful supply of good water for man and horse. This was pumped into large tanks within the fort. As the banks of the river in the vicinity of the fort were high and steep, a roadway was cut down to the water on either side, affording END OF WAR OF 1846 55 to those who wished to cross the river, which usually was not CHAP. deep, easy access to the lands on the left bank. x Little is now *' left of the original Fort Hare. The Fort Hare Native College, for the higher education of natives, now occupies part of the site. When Sir Peregrine Maitland, who must be regarded as the founder of Fort Hare, sanctioned its construction, he expressed the desire that a fortified village should be established on the opposite — the right side of the Tyumie. He further instructed Lieut. Owen of the Royal Engineers to place ground, on certain conditions, at the disposal of settlers. But nothing was then done in consequence of the war. In May, 1847, Sir George Berkeley received Sir Henry Pottinger's approval of this scheme, and thus, in a very small way, the town of Alice came into existence. The place was known as iDekeni (at the pool) by the Kaffirs. At this early date it seems to have been little more than the headquarters of Lieut. Davies' police. The Kaffir war of 1846 thus far ended, Sir Henry Pottinger left the further peace developments to his successor Sir Harry Smith. 1 This drift has been erroneously called Block Drift. The real Block Drift was not on the Tyumie at all, but on the Gaga (vide the plan). 56 PLAN OF FORT HARE CHAP. EXPLANATION OF PLAN OF FORT HARE I. Artillery Square (C) Artillery sergeant's hut and office. (M) Wheeler's shop. (N) Forage store. (O) Battery store, (p.p.) Huts for 40 men. (q. q. q.) Stabling for 60 horses. (R) Gun shed. (S) Harness room. (V) Privies. (W) Guard room. (T.V.) Farrier's shop and cooking house. Commissariat Square. (A1 A1 A1 A1 A1) Stores, (B'B'B'B'B1) Stables for 100 mules, (C>) Forage house, (D1) Harness room, (F1) Offices, (E1) Senior Com missariat Officer, (C1) Storekeeper's Quarters, (H1.1.) Labourers and issuers' huts. Ordnance Square. (E1) Foreman of Works hut. (11) Engineer store, (K1) Storeman's hut. (G1) Engineer workshop. (P) Labourers' huts. (H1) Engineer Office. (O1) Shed for Fire engine. (Q) two magazines. Infantry Square. (A A A A) Hospital huts, (D) Dispensary, (B) Hospital sergeants' huts. (E E E) Cooking houses. (C) Hospital Stores. (G) Guard-room. (Mj School room. (F F F F) Soldiers' huts (20 men in each) 30ft. x 16ft. (H) Regimental Stores (1, 4) Quartermaster-Sergeant and Sergeant and Sergeant-Major. (J. J. 6) Colour Sergeants. (K) Sergeants' Mess- room. (L L) Pay and Schoolmaster Sergeants. (N) Provost Sergeant. (OO). Reg. and Garrison Orderly Room. (PPP) Single huts for 32 Officers, 15ft. x 15ft. (Q Q) 2 double huts for two field officers, (RRR) 17 double huts for officers' servants. (S S) Stables for horses of Infantry Officers. (T) Mess room, pantry, and Store room. (V) Mess Kitchen. (V) Mess servants' huts, (W) Officers' privies. Cavalry Square. (a) 2 Troop Sergt.-Majors. (b) Troop stores, (c.d.) Forage store, (f f f f) Huts for troopers (20 in each). (G G G G) Stables for 100 horses (H) Saddle room. (1.1) Farrier's shop and cooking house. (R) Guard room. L3 C-3 CJD CJ D D D D D Dp BSBSBS" ODDODQf D D ? D Do B B B B" = R Q D D Q LJQ pd a d a a d »B B B B B Q PD D D D D D P Tank T c a. b c d f f f dddddd: Cavalry Square DO DC Comm B' C B' V V OD r Privies DDt]t]QDD[L n Artillery ^ Square QD Q -I TU s D C issa -iat Square B' o B' Si r r ^ ° J" l°o no 200 cale of reet ——*. -^^ — PLAN OF FORT HARE PLAN of GROUND IN NEIGHBOURHOOD OF BLOCK DRIFT 1000 uoo^Vards Site proposed y% ;j i -^—±.^-i for a. 3g Military Post in A330 CHAPTER II EAST VERSUS WEST So far, of Sir Henry Pottinger's reign only those matters CHAP. which were directly or indirectly connected with the war, IIp have been dealt with. It now remains to learn something of the political events of that time and the continued fight for redress of grievances which became so loud in 1847. Long before this time, as well as long after, there had been an ardent desire on the part of the East to be separated in all government administrative matters from the West, in short, to have a government of its own. Circumstances at this time conspired to give prominence to this question and, in connection with it, to stir the Eastern Province mind in a manner which had never been the case before. An event which gave rise to hopes for still better things was the arrival in Grahamstown in April of a new Lieut.-Governor. It will be remembered that in 1845, Mr. J. B. Ebden raised a storm of indignation in the East by proposing in the Legislative Council the abolition of the office of Lieut-Governor.1 Even Sir Peregrine Maitland was in favour of this. He considered that a Frontier Commissioner, who should see that the treaties with the Kaffirs were observed in all particulars, was all that was needed. Public meetings were held and petitions were sent to England protesting against this contemplated injury to the Eastern Province. No apparent notice being taken of them, the signatories considered that they had been pigeon-holed in Downing Street, and that that was the end of them. Then when the news of the death of Col. Hare in December, 1846, reached the Colony, it might well have been expected that that would have been the last there was to be said about a Lieut-Governor for the 1 Vide Volume IV of this work, page 403. 59 60 LIEUT.-GOVERNOR SIR HENRY YOUNG CHAP. East. But, no ! to the surprise and joy of all, they found that their prayers had been heard and that, on February 2nd, 1847, Mr. (shortly afterwards, Sir) Henry Edward Fox Young, had been appointed to the vacant office. Sir Henry Young, had been for twelve years secretary to the Governor of British Guiana. He had proved himself a hard-working, most capable and popular official and had won the esteem and affection of all with whom he had come in contact. His appointment and promotion met with general approval. Even those who were prepared to carp at and criticise unfavourably the actions of the then Government, commended the selection of Sir H. Young for the Cape vacancy. The London Times was of opinion that the distribution of political favours had so seldom been made with any regard to the best man, that it was with some sur prise and gratification that they noticed an official appoint ment made upon the simple ground of merit. Her Majesty's Government had entitled themselves to credit for the new appointment to the Lieut.-Governorship. Sir Henry Young arrived in Table Bay on April 9th, in the Peninsular and Oriental Company's iron paddle-wheel steamer, Pottinger, 1,402 tons. The voyage had been com pleted in the record time of thirty-four days from Southamp ton, in spite of calls at Gibraltar, Ascension and St. Helena. The Pottinger was believed to be at that time, the swiftest vessel afloat and to be possessed of the most powerful marine engines. Sir Henry Young was a very modest man, and seems to have feared or disliked the pomp and ceremony with which one in his high position was usually greeted. The Secretary to Government on his behalf and at his request communicated with the magistrates at Port Elizabeth and Grahamstown, asking that Sir Henry Young might be received as a private gentleman and be excused the receipt of the customary public addresses. Unostentatiously, he arrived in Port Elizabeth on April 20th, when he turned his first attention to his Eastern Province duties by inspecting the churches, schools, jail and other such public institutions. His journey to Grahamstown, the seat of his government, was made in an ox-waggon. He arrived there unexpectedly HOW THE EAST WAS HANDICAPPED 6l and unknown, so that by the time all were aware that the chap. new Lieut.-Governor was among them, it was too late for IL official welcome and eulogistic address. After a little time for rest and recuperation, he set off to the Governor's camp at Fort Peddie, where and when the necessary intercourses in connection with the future government of the East took place. He must very soon have been impressed by the generally undeveloped state and poverty-stricken appearance of all he saw in the East — by the squalid appearance of Port Elizabeth, with its dilapidated buildings used for Government purposes and the want of landing facilities. The nature of the main road along which he travelled to Grahamstown and all else indicated arrested development and neglect. Within a fortnight after his arrival in Grahams town, he came to the conclusion that this state of affairs was due to the seat of government of the Colony being too far distant and that the East was suffering from taxation, without representation. Thus actuated he plunged forthwith into the political vortex of East versus West. On May ioth, thus early, he wrote to Sir Henry Pottinger and put his views on record. According to these, the existing form of Government, with the East totally unrepresented and situated at so great a distance from Cape Town — apart from the want of interest and sympathy which had always been shown — was not conducive to the extensive development which was so obviously needed ; he considered that, provided the raising and appropriation of public funds were based on the system of local representation and local taxation, money for the establishment and maintenance of additional institu tions of Religion, Justice and Police would be more amply and cheerfully forthcoming. To this general statement, Sir H. Pottinger agreed. Sir Benjamin D'Urban, as far back as 1835, had felt that the East could not be efficiently governed from the West. In a despatch to the Earl of Aberdeen on June 26th of that year he said, " The seat of the Colonial Government in Cape Town, is without doubt, ill-placed with relation to the present extent and local circumstances of the Colony. Cape Town is too far from its Central, Northern and above all, its Eastern Province — 62 SIR H. YOUNG ASSERTS HIS AUTHORITY chap, even without the addition of the Province of Queen Adelaide. IL This was not the case in the original extent of the Colonial territory, but it certainly is so now, and it sometimes occasions great inconvenience and embarrassment to the public service. It is 300 miles from the district town of the Province of George, 600 from that of Uitenhage, 700 from those of Graaf Reinet, Albany and Somerset." This question of the separation of East from West seems to have engrossed "almost entirely" the mind of Sir Henry Young during the few months of his tenure of office. A newcomer to the country and undoubtedly not too well versed in its history, he was quite unfettered by any party or personal considerations. Confident in the position and authority, which, though perhaps somewhat mistakenly, he felt were conferred upon him in virtue of the Royal Letters Patent, which constituted his office and the Royal Instructions to himself, he regarded himself as an independent Governor in the East and immune from any consequences of the frowns of the Legislative Council in Cape Town. Barely a week had he been in office in Grahamstown, before he asserted his supposed authority in connection with the judicature. The great Mr. Justice Menzies, for refusing to acknowledge Sir Henry Young's right to interfere in matters connected with his procedure, would have been suspended — perhaps dismissed — had the new Lieut.-Governor been free to act and not hampered by the action of the Governor and Executive Council. The case was this. In 1844, one J. H. stabbed a man and caused his death. He was tried before Mr. Justice Menzies and, as there were extenuating circumstances, he was sentenced to ten years penal servitude and sent to work with the convicts on the Montagu pass road. By 1847, his conduct had been so exemplary and as he had a wife and eight children, a petition was framed, praying for the remission of the remainder of the sentence. The petition came before Sir Henry Young who sent it on to Mr. Justice Menzies, asking to be furnished with a report of the case in order that he might take into his consideration the granting, of the prayer. On May 10th, Judge Menzies returned the memorial but without the desired report. He told the Lieut.- THE PREROGATIVE OF PARDON 63 Governor that, from the, first establishment of the office, it chap. had been considered extremely doubtful whether the right IL of commuting or remitting sentences pronounced by the circuit courts had been a prerogative of the Lieut.-Governor, and whether that right had not been excepted and reserved from his power and authority and vested wholly and ex clusively in the Governor of the Colony. He showed that in the past all such memorials in connection with sentences of courts in the Eastern Province had been invariably trans mitted by the Lieut.-Governor to the Governor whose duty it then was to send them to the judge for his report. On receipt of this, Sir Henry Young forwarded the cor respondence to the Governor. In virtue of the Royal Commission constituting him the Queen's Representative in the East, he claimed full power and authority of a Governor in these parts, and therefore had the same right to pardon offences and call on the judges for report as had the Governor in the West. He added that had Mr. Justice Menzies exercised his office entirely in the Eastern district and had he persisted in his refusal to give the information which was claimed, the good of the public service would preclude all hesitation on his part in having recourse to suspending Mr. Justice Menzies from his office. Sir Henry Pottinger answered this from Peddie on May 26th. Having given the matter his most careful con sideration and reflection, he said, " The result of that reflec tion is that I can by no means concur in the view which your Honour takes of the expediency or necessity for sus pending Mr. . Justice Menzies from the functions of his high office, nor do I « consider myself competent to issue orders to that judge to comply with your Honour's call for the information you have required from him. I need not, I am sure, point out to your Honour that the judicial character and functions are of that sacred nature that they ought not to be hastily interfered. with, or called into question, and even had Mr. Justice Menzies' opinion been simply grounded on the practice in such matters which has hitherto (obtained throughout the Colony, I should have hesitated to overrule that opinion by my individual authority. This sentiment is greatly strengthened in my mind when I see that the 64 WHAT WERE THE POWERS OF A LIEUT-GOVERNOR? CHAP, judge in his answer to your letters very distinctly expresses his doubt of the legality of the privilege you claim." The matter was brought before the Legislative Council on June 9th. They were of opinion that the course taken by the Governor was judicious, and that a compliance with the recommendation of the Lieut.-Governor might have been productive of serious inconvenience to the public service as well as injustice to Mr. Justice Menzies.1 This settlement of the question of the Lieut.-Governor's incompetence and the illegality of his interference with the judicature gave rise to the still larger one as to what power and authority he did possess. Up to this time circumstances had precluded any serious consideration being given to this ques tion. Sir Andries Stockenstrom, during his tenure of the office, had had his mind too fully occupied by the continued turmoil of his time to be concerned with it. And to Col. Hare, tired, in ill health and anxious only to pass through his term of office with the least trouble to himself, the question was of little interest. But now that a younger man, enjoying for the first time the delight of gubernatorial dignity and un hampered by the worries which had oppressed his predeces sors, arrived upon the scene, a definite understanding as to the extent of his authority and prerogative became necessary. And be it noted that it happened at the very time when Sir H. Pottinger and Sir George Berkeley were in perplexity as to their relative authoritative positions. Sir Henry Young received a communication from Sir H. Pottinger, dated June 23rd, which could not have given him any great gratification. According to this, the perusal of a large number of documents on the subject had led the Governor to the conclusion that the office of Lieut.-Governor, as then constituted, was incompatible with an efficient dis charge of his, the Governor's, functions and that from a want of clearness and a certain degree of contradiction in the original instructions, the provision for a separate and distinct Government in the Eastern Province was a dead letter and left the Lieut.-Governor with only nominal power. He had 1 For all the lengthy documents in connection with this matter vide Enclosures to Sir H. Pottinger's Despatches. Vol. 1,390, Cape Archives. •—'wvj t-ixum int. EASTERN PROVINCE 65 the privilege of submitting to the Governor and Executive CHAP. Council his views with respect to the estimates before they n" were laid on the table ; he might go so far as to recommend new measures in the interest of the Eastern Province, but all his proposals and proceedings were subject to the control and revision of the Governor. It was quite clear therefore that the position of a Lieut.-Governor in the East was merely nominal and that there was no such thing as a separ ate Government in those parts. By a coincidence, the question of separate Government came up at this time in quite another connection, but one in which Sir Henry Young was undoubtedly willing to be involved. In December 1845, there was forwarded to Her Majesty in Council, a petition from the agriculturists, merchants and landowners of Albany praying that more liberal institutions might be conceded to the Eastern Province and that more power and authority might be conferred upon the Lieut.- Governor. Then in January 1846, another petition was sent by the Uitenhage and Albany Agricultural Associa tion, recommending the appointment of such an additional number of functionaries in connection with a responsible and independent head as would impart to the Eastern Province the vigour, stability and efficiency of which it stood in need. Unlike so very many other petitions which had been sent to the Colonial Office and treated with but scant consideration, these met with an attention and sympathy which, most probably, was not expected. The Secretary of State, Mr. W. E. Gladstone, however, was unable to take any action on account of the vagueness of these petitions. Replying as early as April 1 7th, 1 846, he said that in deliber ating on the advice which it might be proper to tender to the Queen, he had been impeded by a deficiency of informa tion and the want of a more detailed knowledge of what actually were the petitioners' desires. The question, for a time, had then to be dropped as war broke out in March, 1 846, and all minds and attentions were otherwise engrossed. In June 1847, Sir Henry Pottinger acted upon the instructions which Mr. Gladstone had sent to Sir Peregrine Maitland in April 1846. He recommended to Sir Henry Young the expediency of consulting the most influential vol. v 5 F 66 RESPONSE TO SIR H. YOUNG'S CIRCULAR CHAP, and best informed of the petitioners and obtaining from them the desired information. Accordingly on June 26th, Sir Henry Young issued a circular inviting their views and any evidence they could offer in support of them. The whole of the Eastern Province inhabitants eagerly seized the opportunities thus offered them of voicing their grievances, and for the next few months, public meetings for the dis cussion — or perhaps more correctly, for the decision of a separate government for the East — became almost an industry. Meetings were held in Grahamstown, Port Elizabeth, Fort Beaufort, Cradock, Uitenhage, Graaff- Reinet, Somerset East, Sidbury, Bathurst, Oliphants Hoek and Bushman's River, in fact, in every town of the Eastern Province of that date. At some of these meetings, resolutions were passed straight away, while in others, sub-committees were formed which were deputed to collect information, statistical and other, and to send in a report at a later date. The previous history of the movement for separate government for the East, dates as far back as 1823, when the British Settlers complained in a petition to the Home Government of the disadvantages of having the Executive Council in Cape Town. The Commissioners of Inquiry in 1824 considered there was foundation for the grievance and in their report of May ist, 1827, they recommended to His Majesty the King the establishment of a separate Executive Council for the East. As a result of this recom mendation, a Commissioner-General for the East was appointed. Captain Stockenstrom was the officer elected. But his instructions seem to have been vague and when he found that important matters were referred to Cape Town without his knowledge he, refusing to be the fifth wheel to a waggon, resigned the post in disgust and retired to Sweden. Then, as has been shown, he returned to the Colony in 1836, after the Kaffir War, as Lieut.-Governor. The Royal Deed, so he tells us, ordained that the Eastern Province should constitute a separate and distinct government to be adminis tered by the Lieut.-Governor, whose executive power within the said district was to be to all intents and purposes, the same as that of the Governor in the West. After barely "i^ uiuii K-ttiVL/jCJ u.p Jiiii EASTERN PROVINCE 67 two years of office, he was dismissed and his place was taken CHAP. by Col. Hare to whom the question was of little interest or n' concern. As time went on and the development of the East increased — in spite of its disabilities — the necessity for some independent authority became more and more urgent. There was always danger on account of the Kaffirs — there had been two Kaffir Wars — and the danger was enhanced by the fact that nothing much could be done until information had reached Cape Town and instructions from that place received. A further justification for the East having some considerable share in the management of its own affairs was the great increase in trade and the rapid development of the wool industry ; in addition there were the large customs and other revenues in return for which there was to be seen little more than the neglect of all public works.1 This then was the state of affairs up to 1847, when Sir Henry Young invited the leading inhabitants to furnish all they could in the way of evidence and matured opinion in support of their petitions. It is unnecessary to give a detailed account of the numer ous — and some very lengthy — speeches made and the resolu tions passed at the different meetings. As the ground covered and the sentiments expressed were, in their essentials, much the same in all, it will suffice to embody them in a general epitome.2 The main themes were the neglect and apathy with which all Eastern Province concerns were treated by the Government in Cape Town ; the unfair appropriation of revenues raised in the East for Western Province developments and, on part of the Executive Council, an ignorance of Eastern Province conditions which was, in a large measure, responsible for the want of protection and the outbreak of Kaffir Wars. The speeches of Messrs Porter and Montagu on " comfortable relations," were 1 Vide Chapter V, Volume IV, of this work. 2 For a full account, vide the pamphlet, Documents Relative to the Ques tion of a Separate Government for the Eastern Districts. Printed by God- lonton and White, Grahamstown, 1847. A copy will be found in the Cape Archives, " Enclosures to Despatches," Volume 1,393, for 1847. Vide also the pamphlet Correspondence between Sir Henry Pottinger and Sir Henry Young and Others on Separation of the Eastern and Western Provinces. Printed by Saul Solomon, Cape Town, 1847. It deals chiefly with the dissatisfaction of the actions of the Central Road Board. A copy will be found in the Cape Archives, " Enclosures to Despatches," Nos. 209-214, for 1847, Volume 1,394. 68 APPROPRIATION OF THE ROAD RATES CHAP, not forgotten.1 Considerable emphasis was laid on the IL necessity for a Road Board in the East, which should be quite separate from the one in the far west, inappropriately called the Central Road Board. The greatest indignation and anger were levelled at this organisation for its injustice in the appropriation of the road rates which all landowners were called upon to pay. It was shewn that the total expenditure on roads by the Board during the years 1844, '45 and '46 was £117,416 5s. 7d. and of this only £6,305 18s. 1 id. had been spent in the East. From Somerset East came the complaint that during 1845 and 1846, £1,232 had been collected from that district, but not a penny had been spent on any of its roads. Grahams town and Port Elizabeth were up in arms against the Board on account of the dangerous track between those two places which was called a main road. Port Elizabeth had a special grievance in connection with its toll. In 1824 a toll was established at the entrance to the town on the north (Queen St.). The object of it was to raise money to keep in repair the approach to the town as well as the streets themselves. It had been bringing in about £200 per annum, when the Central Road Board in Cape Town took this revenue, added it to its general funds and permitted Port Elizabeth to share in the general neglect of which all were complaining. As Sir Henry Pottinger acknowledged, when he came to know of it, all this was in contravention of Section XXVI of the Act No. 8 of November 22nd 1843, which reads : " And be it enacted that the entire proceeds of any such rate (road rate) as aforesaid which shall be assessed and levied in any particular division of the Colony shall be applied wholly and exclusively to the construction and improvements of the main roads lying and being within that division and not otherwise." Before passing condemnation on the Central Road Board, it should be borne in mind that they seem to have been actuated in using the funds at their disposal by the desire to benefit the country as a whole, rather than to bring about merely local improvements. The great and costly Montagu Pass road was as much to the advantage of the East as of the West, as the range of mountains over which 1 Vide Volume IV of this work, page 402. j. sir. rum Ub.AU FORT REPORT 69 it was made was a terrible barrier between the two Provinces. CHAP. The Zuurberg Pass road was another big work carried out by this Board ; it gave better access to the Somerset and more northern parts from the Eastern coastal regions. Further,there was the Howison's Poort road leading from the south over the high hills into Grahamstown. So that, although the law had undoubtedly been violated in the letter by the Board it may be considered to have been observed in the spirit. Besides a special Road Board, special offices for a Registrar of Deeds and a Surveyor-General were also de manded. The former to obviate, not only the great delays, but also the additional expense of agents in Cape Town ; the latter as a protest against the gross neglect there had been in the issue of title-deeds to many who had paid all fees for surveys and diagrams. Further, there were endless disputes over boundaries in consequence of the inaccurate, in some cases fraudulent surveys; hence, some authority was wanted in the East to settle all these matters. In conse quence of the want of title-deeds, quit-rents were not paid and property was sold and resold without any reference to the Ordinances in connection with transfer dues. The result was a considerable loss of revenue which might have been utilized in the development of the Eastern Province. Perhaps the Fort Beaufort report, as well as any other, expressed succinctly the prevailing feelings of the whole Province. " We object," it said, " to a government so remote as to be incompetent to cope with the Kaffirs, or prevent infraction of the treaties. We object to a govern ment where the chief judicial court is 700 miles remote from our mercantile transactions, by which magisterial arrangements of our Province are regulated by those ignorant of circumstances or locality. We object to a government which has no interest in common with us to restrain vagrancy. We object to a government which, although voting the large sum of £8,803 r6s. 1 id., has misconducted the post-office department. We object to a government which in its Registry of Deeds and Surveyor's office, has deprived the Eastern Province of a large amount of revenue. We object to a government which has violated its own Ordinances, and appropriated the funds collected in the Eastern Province to 70 EASTERN PROVINCE STATISTICS CHAP, the roads in the Western Province. We object to a govern ment which contemplated taking a loan of £300,000 to construct a breakwater at Table Bay, but which would not vote a farthing to the construction of a jetty at the then sole port of the Eastern Province. We object to a government which has on two occasions been taken by surprise by the Kaffirs, and entailed upon the Mother Country enormous useless expenditure. Lastly, we object to a government which has betrayed the trust reposed in it, spending the revenue of the country chiefly to support Cape Town." All this undoubtedly made strongly for the theoretical or ethical side of the question and showed that the East was suffering injustice at the hands of the West. There was however, the mundane side of pounds, shillings and pence. Could the Eastern Province maintain a separate government of its own ? Those whose words carried weight showed it could. In the first place the policy was warranted by the amount of commerce as indicated by the import and export trade at Port Elizabeth. From the statistics which accom pany the very lengthy report, we see that from Jan. ist, 1836, to Jan ist, 1847, the number of vessels entered at Port Elizabeth was 1,174 with a registered tonnage of 223,264 and the value of the freights at £7 per ton was £1,502,848. For 1845 alone, the shipping returns for Port Elizabeth were 19,626 tons inwards and 18,754 outwards. The value of the imports for that year was £149,183 and the exports £142,372. To show that the East had just as much right to a separate government as the West, and to show further that if there was not room for two such governments in the country, " Cape Town " should be removed to Uitenhage or Grahamstown, the following comparison of the exports of the two Provinces was given. It shows that the three staple ex ports of the East exceeded in value the four staple exports of the West — and that during a period of war, namely 1846 : Western. Eastern. Wine . . . . 50,345 . . Nil. Wool . . . . 59,688 . . 114,153 Hides . . . . 11,888 . . 21,092 Skins . . . . 13,940 . . 6,374 Totals .. ..£135,561 .. £141.619 i-^». x .-, X iilU JU^\ £~ cn/jjuiuKt!. ajsv REVENUE 7i The customs returns for that year were £18,744, but these CHAP. were only for goods imported direct to Port Elizabeth, IL there had to be added to this the duties paid in Cape Town on goods for the East which were landed there and re-shipped — this was £ 20,944, making a total of the customs revenue for Port Elizabeth of £39,718. The total revenue of the Eastern Province including this and that from other sources was £67,705 1 8s. o|d. Now with regard to the expenditure which would have to be incurred in the establishment and maintenance of the various departments which should constitute an efficient government and the extent to which this could be met by means of the available revenue, the following estimate was given. The first column shows the expense then existing ; the second, the additional expense to promote the Lieut.- Governor into a Governor as well as to make provision for the new and necessary officer : — Existing expenditure in the Eastern Province. £ s. d. Lieut.-Governor . . 1,500 o o Do. Establishment . . 1,265 ° ° Judicial and Law Estab. 7,180 1 8 Customs Dept., Port Elizabeth. . . . 980 o o Post Office Dept. . . 5,078 10 i\ Do., Port Elizabeth 413 10 o Additional. £ 500 43° 1,200 Civil Com.'s Offices Ecclesiastical and Schools Police, Prisoners, Jails . . Pensions Medical Department Miscellaneous 6,834 5.7°47.3892,850 495 1.675 7 1010 7 o oo 10 o Additional Expenditure Total Expenditure 41,365 16 o.\ 9,180 o o Governor Secretary Chief Justice . Two Puisne Judges . . 1,800 Attorney-Gen. 800 Treasurer and Accountant-Gen. 700 Surveyor-Genl. 600 Registry transfers 600 Council Chamber 450 Master and Guardian . . 400 Auditor-Genl. . . 500 High Sheriff . . 500 Medical Dept. 400 Ecclesiastical and Schools 300 £50,545 16 2J Revenue of Eastern Province. Official Returns of Civil Commissioners Customs duties on goods exported from West Brought forward Total Expenditure in the East Surplus Revenue ^i7.I6° 1 10 From these figures, therefore, it would seem that the Eastern £9,180 £ s. d. 42,735 18 o\ 25,000 o o 67,705 18 o\ 50,545 16 2j 72 DEPARTURE OF YOUNG AND POTTINGEK CHAP. Province, as far as financial considerations were concerned, 11 ' could well have managed its own affairs independently of the West. The freedom of speech which had been encouraged, and the notice of their representations which had, at length, been taken, gave seemingly, some promise that the consum mation which had been so devoutly wished was to be realised. The bright prospect, however, was short-lived and disappointment was again in store for the Eastern Province. It was something of a shock when, in August, news reached the Colony that the very able and energetic Sir Henry Young, the man who in so few months had inspired such confidence and given hope for a better state of things, was to leave the country and become Lieut.-Governor of South Australia. Not only did the probability of a separate government appear to vanish, but it was feared that the office of Lieut.-Governor was to be abolished altogether. This actually was the case. So that before the series of public meetings which were being held to further separation had ended, another series in connection with protests against the removal of Sir Henry Young commenced. Probably, in no part of the British Empire did public meetings form so prominent a feature in the life of the people as in the Eastern Province of Cape Colony. It had become almost a school of grim debate, determined eloquence and the source of a continual flow of petitions and memorials to the Government in England. And yet all had but little effect. It required another Kaffir War of over two years' duration and the expenditure of a few more millions of the British taxpayers' money before such changes were brought about as rendered less necessary the separation of the East from the West. Sir Henry Pottinger in answer to the request of Grahams town that in transmitting the petition to England he would himself support the prayer for the confirmation of Sir Henry Young as Lieut.-Governor, said on September nth, that officially he knew nothing about it, but nevertheless he was perfectly willing to do as he was asked. Within a few weeks, on November 3rd, Sir Henry Young left for England on his way to Australia. And before the year was out, Sir Henry Pottinger with his secretary, Mr. Woosnam and Sir George Berkeley all left for India. So that there was a o.i.rc n. fUl 1 1NGER " OVERWORKED " 73 clean sweep of these higher officials and a new page of CHAP. Cape Colony history, so to speak, was turned in 1848. II- Sir Henry Pottinger spent practically the whole time of his Governorship in either Grahamstown or Fort Peddie. He knew nothing, at first hand, of any other colonists than those he met at those places. The inland Dutch people were little more than a name to him, and of their history, vicissi tudes and sufferings he seems to have known as little as he cared.\ Had he been charged with neglect or dereliction of duty in this connection, he most assuredly would have pleaded, in his defence, his excessive overwork, his continuity of severe mental labours, which would have been beyond the powers and endurance of ordinary men. In nearly all his despatches to Earl Grey, as well as to lesser lights, this whining about the enormous amount of work he had to do and did, is a very characteristic feature. Yet when it is compared with that accomplished by other Governors, especially Sir Benjamin D'Urban and Sir Peregrine Maitland, who besides giving just as much attention to civil matters, had to be so long in the field conducting military operations — and all without grumbling about overwork — it would seem that Sir Henry Pottinger was out of his element as a Governor of Cape Colony, and that the sooner his term of office ended the better. Had his vision extended beyond the walls of his office in Grahamstown or of his tent at Fort Peddie, he might perhaps have saved himself from the guilt of a heartless sin of omission which did much to exacerbate the unfriendly feeling between the Dutch Emigrant farmers and the British Government and, indirectly, to lay the foundation of much future trouble. To make this point clear, but without at this stage going into the details of the history of Natal at this time, it must be premised that the enormous influx of natives into that country threatened the safety of the person and property of the comparatively few European inhabitants. Natives in the adjacent countries looked upon Natal as a place of refuge ; thousands swarmed from beyond the Tugela and Umzinyate to be out of reach of Panda, while others in the South fled from Faku in Pondoland ; added to these, there were the thousands already in the country. The feeble 74 A DUTCH MISSION CHAP, government — feeble because of the insufficiency of the revenue to maintain a stronger one — endeavoured, as it could not prevent this invasion of refugees, to concentrate them in tracts of country or locations which were to be exclusively assigned to them. There were seven of these locations,1 comprising, in all, an area of about one sixth of the whole of Natal. But in these areas, there were Dutch farmers already settled, and there seems to have been a difficulty, albeit five-sixths of Natal was to be considered to belong to the few Europeans, in finding other places of six thousand acres which could be given to them in compensation. Moreover, there being insufficient force to compel them, the natives showed no disposition to confine themselves to their own places, but to squat as heretofore on the lands of the Dutch farmers. On the whole, the discontent and uncertainty of tenure was so great that many of the Dutch commenced preparations for abandoning Natal altogether and trekking again to the north. But before doing so a meeting was held, when it was decided to send one of their number as a delegate to Sir Henry Pottinger in order to get from him that relief which their own Lieut.-Governor, Martin West, could not give them, not, however, because there was any lack of sympathy for them on his part. The man chosen to speak for them was their leader, Comdt. A. W. J. Pretorius, who also was one of those who had been compelled to abandon their farms on account of the natives. Pretorius left Pietermaritzburg on August 24th, 1847. He crossed the Drakensberg and made his way leisurely through the present Free State, calling at farms here and there until he reached Winburg. There he met M. C. du Plooy, who had grievances in connection with those parts, which he felt ought to be brought before the Governor in a personal interview. The two then rode on to Grahamstown, where they arrived on October 15th. Pretorius therefore must have been about seven weeks on this journey. On his arrival he sent the following letter to Mr. Woosnam for transmission to Sir Henry Pottinger. ' They were the Umzinyati, Impafana, Inanda, Umvoli, Zwartkops, Umlazi and Kathlamba. ^KUTORIUS' LETTER 75 "Grahamstown, October 15th. chap. II. Sir, — I have the honour to request that you will be pleased to communicate to His Excellency the Governor and High Commissioner that in consequence of the very disturbed state of the country in the vicinity of Port Natal, I was especially deputed by the inhabitants there (in public meeting assembled) to proceed to Grahamstown for the purpose of personally representing to His Excellency the distracted state of the country in that portion of Her Majesty's dominions. I left Pietermaritzburg on the 24th August last on my overland journey to the Colony and arrived here about an hour ago. On my way down, I visited the farms on this side the Drakensberg, by whom also I have been deputed to see His Excellency. M. C. du Plooy, a Dutch farmer residing at Windburg (between 30 and 40 hours' ride on the other side of the Orange River) accompanied me to town, to represent the condition of the country in that part, and to give His Excellency any information he may require, knowing that His Excellency's time was so much occupied by important matters on the Frontier, that a considerable period might elapse before His Excellency could visit the N.E. frontier, I was induced to accede to the wish of the people by the urgency of the case. The great majority of the Dutch burghers have already quitted their farms (my own family amongst the number) and only await my return to decide upon their future course. Our business it will be seen is of the utmost importance. The future welfare and tranquillity of the country between the Orange and Vaal depends upon the result of our interview with His Excellency and I therefore entreat His Excellency to grant us an inter view at his earliest convenience and to give a patient attention and consideration to the important communication we have to make. A. W. J. Pretorius. P.S. — Since my arrival in the Colony, I have seen in a late newspaper that one of my houses was fired and destroyed by the Bosjesmen after my departure from Maritzburg. My residence is only 6 to 8 miles from that place. An answer is respectfully requested at the residence of Mr. L. H. Meurant." 76 POTTINGER REFUSES AN INTERVIEW CHAP. Pretorius having waited very anxiously for an answer I- to this, but not receiving it, called on Mr. Woosnam three times during the next four days and urged his case. It became clear, however, that Sir Henry Pottinger was unwilling to meet him. So on the 19th he addressed the following letter to the Governor's secretary : "Grahamstown, October 19th, 1847. Sir,— In reference to the interview I had the honour to have with you this morning, at which, for the third time, I earnestly but without success besought an audience with Her Majesty's High Commissioner to which, as a British subject and the representative of thousands of my suffering fellow countrymen, I conceived myself entitled, to enable me more fully to explain the intolerable grievances under which we have been so long and are still suffering. I have now earnestly to request that His Excellency Will allow me to be the bearer of some written communication containing His Excellency's reasons for refusing to grant me an inter view and the steps which will be taken by His Excellency to ensure such an inquiry into the circumstances as shall lead the Emigrant farmers to expect that security for life and property promised them by Her Majesty's then re presentative in the Colony, Sir George Napier. The perilous situation in which I left my wife, family and property, arising out of the circumstances detailed in my written representation this morning handed to you, compels me to return with the least possible delay. I have however, postponed my departure until 2 p.m. to-morrow, Thursday, in the hope that His Excellency will favour me with such written communication. A. W. J. Pretorius." In answer to this, Pretorius received the following : — " Mr. Woosnam presents his compliments to Mr. Pretorius and begs to inform him that the Governor considers the subjects alluded to in his letter of the 15th instant, of too much importance to admit, with any prospect of advan tage, of verbal disquisition, but that His Excellency will be happy to receive written representations from Mr. a rusAL* AfPEAL 77 Pretorius and Mr. du Plooy to which he will give his best CHAP. consideration. Should Mr. Pretorius and Mr. du Plooy n" wish it, Mr. Woosnam has been desired by His Excellency to receive this. . . ." Pretorius replied : — " Mr. Pretorius presents his compliments to Mr. Woosnam and has the honour to acknowledge the receipt of his note of this morning's date. Mr. Pretorius is indeed happy to find that His Excellency admits the great importance of the subjects referred to in Mr. P.'s letter of the 15th instant. Mr. Pretorius has already prepared a written statement of the matters alluded to, which with translations of the corres pondence that passed on the subject between His Honour the Lieut.-Governor of Natal and Mr. Pretorius, together with other important documents, he will be happy to lay before His Excellency. Mr. Pretorius feels, however, that he would not be discharging his duty to those who have deputed him, nor to the great interests which are at stake, involving no less a calamity than the total abandonment of Natal by the Dutch Emigrant farmers, did he not again most earnestly request an interview with Her Majesty's High Commissioner, in order not only to be prepared to answer any questions which might arise out of the statements to be submitted to His Excellency, but also to throw light upon and explain many points which would occupy too much time in a letter. Mr. Pretorius honestly believes that should he return to Natal after so long and harassing a journey without having obtained an interview with His Excellency and without taking with him some satisfactory statement of the intention or views of Her Majesty's High Commissioner, it will have a most injurious effect upon the minds of the Dutch Emigrant farmers, the result of which it is melancholy to contemplate. October 19th, 1847." In answer to all these representations and in justification of his callous indifference to the misery of Pretorius and his people, Sir Henry Pottinger, in spite of the perfectly miracu lous amount of work he claimed to be doing continually, 78 A LOST OPPORTUNITY CHAP, managed to find time, on October 23rd, to issue the following IL public notice : — " I have read Mr. Pretorius' letter with attention. The perusal has only strengthened the resolution I had previously formed of not attempting to investigate the matters to which they relate. I am indeed surprised that Mr. Pretorius, who is evidently a gentleman of great good sense and strong reasoning powers, should have imagined that such a step was possible in my present position. He, and everyone else, who chooses to think about it, must know that my duties as Governor of this Colony, and Her Majesty's High Com missioner, are so onerous at the present time, that it is only by exertions which few men either could or would make, that I can get through them, and therefore to add to those duties such an inquiry (admitting I saw ground for it), as Mr. Pretorius' letter calls for, would be a perfect mockery. Besides this primary, and in my eyes sufficient reason, it is now understood that I am shortly to leave this Colony, and therefore I should deem it to be only delicate and proper to leave a matter of this serious nature to the discretion of my successor." . . . He urged that the inquiry would be ex parte, as Mr. West could not be present to give his views and further, were he to give implicit belief to the statement of Pretorius he would have to doubt those of the Lieut.- Governor. ..." I see Mr. Pretorius complains of my declining to see him. I think he will be convinced when he reads this paper, that my doing so would have been of no use. I cannot devote time to personal interviews, and besides, it has been a rule with me through a long public life, that written communications are to be preferred as utterly obviating misunderstandings." As in the case of Sir Andries Stockenstrom with Piet Retief, so Sir Henry Pottinger now with Pretorius, threw away the opportunity of gaining a large return of Boer contentment with British rule by the smallest possible outlay of tact and kindly feeling ; a handshake and a few non committal words of sympathy on this occasion might have modified considerably the subsequent history of Natal and the Transvaal. In disappointment, anger and despairing . ivuinn auiiuN OF SIR HARRY SMITH 79 of any other relief than migration from Natal into more CHAP. northern parts, Pretorius left Grahamstown on his long IL journey back to Pietermaritzburg. But he did not reach that place. Before he had gone far into Natal, he met a number of families fleeing from their homes and moving towards the Drakensberg. Among them was his own family in a sorry plight. - His wife was lying ill in one of the waggons and his youngest daughter was suffering from a wound she had received from one of the oxen while acting as voorlooper — and all the milch cows had been stolen by the natives. These people must have moved very slowly, for by Febru ary, 1848, after two months travelling, they were only at the Tugela river. This however was partly accounted for by the fact that Sir Henry Pottinger had left the Colony and a Governor of a very different stamp — the great and good Sir Harry Smith — had taken his place. Without unduly anticipating it may be said here that as soon as Sir Harry heard of the state of affairs in Natal and the abandonment of that country by the Boers, he sent off an express messenger to Pretorius, whom he had known when he was in the country before, asking him and the others to pause before they went any further and expressed towards them that humanity and sympathy which Sir Henry Pottinger had considered incompatible with his sense of duty and dignity. In February, 1848, Sir Harry Smith himself crossed the Drakensberg and, reversing the order of things, went to Pretorius. He allayed a good deal of the discontent, but he did not wholly stop the migration from Natal. Although Sir Henry Pottinger so tactlessly and unsym- pathetically refused to hear what Pretorius had to say in connection with Natal affairs, he, as his correspondence with Lieut.-Governor West shows, was not ignorant of what appeared to be the formation of a dangerous confederation between the Zulu King Panda and the Boers who were very thinly scattered over the country now made up of the districts of Newcastle, Klip River and Umsinga. During the regime of the Volksraad a number of Boer families took large farms in those parts, presumably under the impression that, in consequence of the suzerainty agreement which had been made with Panda, they had a right to do so. 80 PANDA MOLESTS SPIES CHAP. Trouble began in April, 1843, when one Andries Theo doras Spies took lands near the Biggar's Berg, about fourteen miles from the present Dundee. During the erection of his homestead and cattle kraals, the natives who were working for him told him that Panda was not satisfied with his settlement at that place, in short, they made it clear that Spies was trespassing. Panda claimed all the country as far south as the Tugela river. Spies took no notice of this but ordered the work to proceed. To assert his authority and indicate his sense of proprietorship, Panda sent a commando to Spies' place. The house was burnt and the natives who had taken part in the work were killed and all their cattle were seized. This created alarm throughout those parts. For months, some of the people seem to have lived in defensive laagers, fearing an onslaught from Panda, while others left the country altogether and trekked over the Drakensberg. The doubt as to whether that country was part of Natal or Zululand was settled in the following October (1843) when Mr. Cloete visited Panda and the agreement was made whereby the Umzinyati or Buffalo river became the northern boundary of Natal and the southern of Zululand.1 Lieut.-Governor West visited those isolated people. In answer to their request for protection, he told them he had not sufficient military force in order to place a post there, but that in the event of an attack by the Zulus he would send assistance to them. " What is the use of that ? " asked Spies, " we shall be murdered before that arrives." There soon seemed to be need for this assistance, for Panda's Zulus and cattle were gradually crossing the Umzinyati to the south and, in 1845, Panda announced his intention of occupying that territory himself. This raised, in the minds of the Boers, the perplexing question as to whom the country did belong. Was it still a part of Zululand or was there any truth in the statement that Panda had signed a treaty whereby he had made it over to the Government of Natal ? If the former, then it might be possible to enter into negotiations with Panda with a view to acquiring some kind of possession of it. In order to determine this, an embassy consisting of 1 Vide Volume IV, page 187. a j\nr K1VER GOVERNMENT ESTABLISHED 8l A. T. Spies, Lodewijk de Jager, Gert and Isaac van Niekerk CHAP. visited Panda. The result of the interview was that the IL Zulu King gave them permission to continue to occupy the lands they then held, and he promised to protect them against the English, who were not to be allowed to cross the Tugela — as he feared they would break up his tribe. " But," said Spies, " you gave all the country as far as the Umzinyati to Cloete." Panda swore by Chaka (the most solemn oath a Zulu could take) that Cloete or anyone else who said so, lied. Thus matters stood until December, 1846, when the Boers again visited Panda. This time the delegation consisted of A. T. Spies, J. de Lange and Piet Uijs (as interpreter). They succeeded, on January 7th, 1847, in inducing Panda to sign the following agreement, after, so we are told, it had been read and explained to Panda, word by word, and he had declared that he understood it. " I, Umpanda, have ceded the country between 'the Umzinyati and Tugela to the Burgers who are now to occupy the said lands as their legal and perpetual property, which have been parted with by me at my free will to the African Burgers, the same to remain the unmolested property of the above Burgers, without the interference of anyone whomsoever, for the sum of one thousand rixdollars, payable in six months from this date." Armed with this document, the Boers now felt justified in commencing the establishment of a " Klip River Government." A. T. Spies became commandant, while his brother Abraham was chosen the officer with whom lands were to be registered. A marriage officer and a number of heemraden were also elected. In May, 1847, vague rumours of the proceedings at the Klip River reached the ears of the Lieut.-Governor. In order to learn something more definite as well as to warn the people against sedition, he dispatched two native messen gers to Spies with a letter and, for circulation among the people generally, copies in English and Dutch of the Letters Patent constituting the Colony of Natal and the Proclama- vol. v 6 G 82 A WARNING TO PANDA CHAP, tion defining the boundaries of the country. He demanded, at the same time, any information Spies could furnish in connection with the alleged negotiations with Panda. To Panda also a message was sent demanding from him an explanation of his repudiation of the boundary agreement as well as anything he could impart concerning his com munications with the Boers. Panda in reply, said he did consider the boundary question still unsettled and that he was looking to the Government to settle it. With reference to the Boers, he stated that Spies and de Lange had con stantly applied for the land, but he had refused it as he did not know to whom it belonged ; they had insisted upon his signing a paper, but, so he said, he did not know the contents of it and was afraid they would show it to prove that he had given that territory to them. The wily chief was loud in his professions of loyalty to the British Government, but the Lieut.-Governor very rightly placed but little confidence in anything he said. He sent again to Panda and told him that the boundary question had long been settled by the treaty which he himself had signed in the presence of his principal indunas and Mr. Cloete, a copy of which was sent to him. The Lieut.-Governor reminded him (Panda) that the continuance of the friendly understanding now subsisting between Panda and the British Government must always depend upon Panda adhering to his engage ments ; the Lieut.-Governor was well aware of the position in which Panda would be placed should the Lieut.-Governor be compelled to declare that Panda was no longer a friend of the British Government. This veiled threat, for such it was, had a wonderfully stimulating effect upon Panda's memory and loyalty. He regarded the English as his fathers and admitted that he had agreed that the northern boundary of Natal was the Tugela up to the point where the Umzinyati joins it, and then up that river (the Umzinyati) to its sources in the Drakensberg. The negotiations with the Boers were less satisfactory — or rather — they were satisfactory in the sense that they made their attitude perfectly plain, and that attitude a hostile one. It was clear that they were determined to have what they wanted — or to trek from the country. When the rnucLAMATIONS RETURNED UNOPENED 83 two native messengers, Latshuke and Nonzwenzwe, arrived CHAP. at Spies' place at the Klip River, they found him from home. IL A Boer who was in the house seeing that the documents which were offered to him were from the Government, refused at first to receive them. He immediately rode away on horseback but soon returned with five other men and then they met in conference. In the end they took the papers and sent them on to Spies. The two native messen gers were treated with scant kindness. According to them, they asked for food, " Food, indeed," said the Boers, " we would much rather tie you up and flog you, what business have you to bring Englishman's letters to us?" . . . "Two of them followed us to the kraal where we slept and ordered us off the place, although it was dark, we replied : ' You may starve us, but you cannot make us walk, we will not leave the Kaffirs until morning' " — and they did not. Spies eventually received the communications from the Lieut.-Governor, but he returned them unopened with the following message : " Platberg, June 15th. You herewith receive the Proclamations, because it is out of my power to receive them, they came too late, the answer to Panda, I communicated to you verbally,1 further we hope to remain in peace and quiet." As Spies had thus refused to circulate these Proclamations, and as it was imperative that all in those parts should know the relation in which their supposed country stood with regard to Panda and Natal, the Lieut.-Governor sought and found a willing messenger in one J. W. Archbell (the son of a missionary of that name). An additional object of the expedition was to seek out and gain all possible information concerning the frame of mind of the people, their intentions and anything else of a political nature. Archbell's mission was a success. In the guise of one wishing to purchase a farm in the Klip River district, he moved from place to place, armed with hidden Proclamations. These, as oppor tunity offered, he stuck in the walls of cattle kraals, behind 1 It is not clear what this communication was, or when it was made. 84 ARCHBELL'S RECEPTION CHAP, furniture in houses and anywhere else where they might IL be placed unseen, but found and read after his departure. Speaking generally, he found the people very reserved and suspicious. The sum total of the different statements was that the people believed the country had been bought from Panda, who, they thought, had a right to sell it and that now they were established under a Klip River Government, they could not allow themselves to live again under the same conditions as had prevailed in Cape Colony ; two courses only were open to them, namely, to live again under British rule or under Panda. Of the former they had had much experience and had learnt that there was not much protection to be depended upon ; the latter, whom alone they acknowledged, they could to some extent trust. Abraham Spies, who admitted being one of those who had approached Panda, said he would rather leave lands and all he possessed and trek to the world's end than live again under British rule. All quite approved of Spies' action in refusing to receive the Proclamation and would themselves refuse any paper which did not acknowledge the Klip River Government. At the homestead of Andries Spies, Archbell found a number of young men congregated, but Spies himself was absent. They received him very coldly, not only did they refuse to shake hands with him, but suggested searching him. Before they could carry this into effect, however, Spies arrived and expressed his disapproval of the reception which had been accorded to Archbell — as he (Spies) was well acquainted with and respected the missionary's family. In answer to the question about the purchase of a farm, Spies advised him to remain on the other side of the Tugela, as in the event of his occupying a farm at the Klip River and there being war, he (Archbell) would have to fight for them. " If the Government," said Spies " like to recognise us as a free people, we will make a treaty of Peace and Commerce with them, we will become their allies and defend their border." With reference to the negotiations with Panda, Spies stated that when Panda was asked about his having given the country to the British, he said he gave it on condi tion that Cloete would return Mawa and the cattle which she I HE BRITISH GOVERNMENT DEFIED BY SPIES 85 had taken away with her,1 now he heard that Cloete was chap. nobody and had no power to return either Mawa or cattle n- and therefore, the agreement was cancelled — as the promise to him was not fulfilled on the part of Cloete, he did not see that he was bound to perform his part. On the strength of this, Spies continued to agree to pay Panda Rds. 1,000 for the country, which sum, however, had not yet been paid . Panda then conferred upon him a captaincy, giving him authority over all, black and white, at the Klip River, and as symbol of this authority, he presented him with a staff of the following design. If therefore, it comes to war, said Spies, we are bound to assist Panda. The Government must not think that, if we do have to fight, it will be the same as it was in Natal ; that was the first time and we were DESIGN OF STAFF PRESENTED BY PANDA TO SPIES. rather stupid, but now it will go differently, for we are pre pared. Thus the interview ended, and Archbell had managed to secrete some Proclamations between a box on which he was sitting and the curtain which divided the living-room from the bedroom. And so on, at other places, there was the same account of the purchase from Panda and a defiance to the British Government to take the country from them. At the place of Martinus Prins, Archbell was very nearly arrested and searched, but he managed to stave off the danger and to leave some Proclamations in an adjacent uninhabited house or hut. At F. de Jager's the defiance was even more pronounced. De Jager's speech, according to Archbell, was 1 The deceit and falsehood of Panda could not be better demon strated than by this statement. Cloete no less than Major Smith had protected the old woman Mawa — had refused to send her back to Panda, knowing that such a procedure meant her immediate murder. Vide Volume IV, page 176. 86 THE RETURN OF MR. ARCHBELL chap, as follows 1 : — " If we get hold of the Governor and there is n* no other hangman, then I shall act as such. If the troops come in here, we shall put a bullet through the head of every officer and set the poor soldiers free. I wic h the Kaffirs would attack the Government and drive all the members thereof into the sea. Although the Kaffirs were cutting the throats of the members of the Government and of all the English, we would not trouble about it. The pretty girl, Victoria, who is liked so much by everybody must not think that we are afraid of her. We would attack her just as we would attack the others. We wish that the Governor were dead." With all the information he had collected, Archbell arrived back in Pietermaritzburg on July 15th, having started from that place on June 28th. The question of the ownership of the Klip River district being now settled by Panda's admission of the Umzinyati boundary, the Lieut.- Governor sent the land-surveyor, Mr. J. Bird, to inspect the farms and learn the extent of lands claimed by individual Boers. Mr. Bird crossed the Tugela on August 24th. He visited a few places, including those of the brothers Spies. The answers and assistance he received in the execution of this duty did not encourage him to proceed further. All were emphatic in refusing to shew him their bound aries or to permit any surveying. Apparently, they did not know of the statement which Panda had made to the Lieut.- Governor, for all declared that until the question of the ownership was set at rest, they were unwilling to take any such steps with regard to land, which was claimed by two potentates, it was too dangerous, they said, to risk offending Panda. Mr. Bird therefore returned to Pietermaritzburg without having accomplished the object of his expedition. In consequence of this action, or want of action, on the part 1 Als wy de Governeur in de handen kry en daar geen andere laxman is, dan zal ik dat weeze. Als de troopen hierin komen, zullen wy de officieren almaal de kogel voor de kop geven, en daarmen zoldaanen vry maak. Ik wensche dat de Kafirs de Goewerment aanvaalen, en almaal en de zee jagen. Al zou de Kafirs de Goewerment en al de Englis de keel afsny, wy zullen ons niet daar aan stuuren. De Englis moey meisje Victoria dat hulle zoo viel van howden, moet niet denken dat wy voor haar bang zyn. Wy zou haar net zou anbanden als den anderen. Wy wensche de Governeur in zyn moer was, etc., etc. A NEW PROCLAMATION 87 of the Klip River people, the Lieut.-Governor issued, on CHAP. September 3rd, the following notice, though it is not clear IL whether many or any of them saw it, for there was wanting on this occasion, the ingenuity of an Archbell to disseminate Government notices among them. Somewhat shortened, the notice was as follows :¦ — ¦" Whereas it having been reported to me that several of the Inhabitants ol I hat portion of this district which lies to the north of the Tugela river and between that river and the Umzinyati or Buffalo river professed to entertain a belief that the country they occupy is not British Territory, but that it belongs to the Zoolah King Panda, I deemed it expedient to instruct John Bird, a Government Surveyor, to proceed to that part of the district in order to inspect and survey for the several parties the lands which they now occupy there. Whereas it has been reported to me that all such claimants had declined to point out the boundaries of the lands they claim, alleging that they were doubtful whether the country was British Territory. And whereas the Letters Patent declared Natal to be a part of the Colony of the Cape of Good Hope and the Proclamation of August 22nd, 1845, defined the boundaries. ... In order that none might plead ignorance, the said Letters Patent and Proclamations were republished in English and Dutch on May 13th last, and circulated among the people. Thereafter, I personally proceeded beyond the Tugela, where I remained four days after I had made known my readiness to attend to any representations that might be made to me — but none were made. ... In consideration of the possible ignorance of some of these Inhabitants, I have seen fit to obtain from the said Zoolah King Panda — who had as is well known, agreed to the existing boundary in the year 1843 — a renewed and formal acknowledgment that he admits the boundary as declared. . . . Now, there fore, I do hereby proclaim and make known, that all claimants to titles to lands who shall not, on or before October ist next, renew their said claims by personal application at the Colonial Office at this place (Pietermaritzburg) shall be considered to have forfeited all their claims." As mentioned in the above notice, the Lieut.-Governor visited the Klip River district. He was accompanied by 88 PANDA ADMITS THE CLAIM OF NATAL CHAP, the resident magistrate, the diplomatic agent, the com manding engineer and six orderlies. The route passed through Weenen and then on to the Tugela where opposition to their further passage was expected, but none was offered. The journey was then continued to a spot about eight miles from the Klip River where the tent was pitched and where the Lieut.-Governor waited four days for any who had representations to make to him, but none came. The small cavalcade therefore marched back to Pietermaritzburg, where they arrived on August 19th. At the same time, a Capt. H. D. Kyle of the 45th Regiment, accompanied by Mr. Shepstone, went to Panda in order to interview him with respect to his repudiation of the Natal boundary. The interview took place at Nodwengu on August 1 ith. It was quite satisfactory. Panda signed a paper admitting the claim of Natal, though he endeavoured to make it contingent on the recovery of cattle which had been driven from his country by Zulus who wished to escape from him. Undoubtedly, the Boers of the Klip River district, bona fide, believed that Panda was the master of that country when they entered into negotiations with him. People in less isolated places and in more modern times do not study Government proclamations and notices as they should. It is quite possible that none of them knew anything about Mr. Cloete's treaty until Archbell appeared among them — and many most probably not then. And now that they found themselves in the wrong and taken in by Panda, they took steps to clear themselves of the charges which were being brought against them. On September 2nd, J. J. Uys, stepson of Andries Spies, waited upon the Lieut.-Governor in Pietermaritzburg and asked on behalf of the people that an officer of the Government might be sent to inquire into their proceedings and also to accompany some of themselves to Panda in order to learn whom he had been deceiving, the Government or themselves. With this reasonable request the Government complied. On September 14th, Mr. Harding, the resident magistrate, started from Pietermaritz burg for the purpose of instituting an inquiry into the conduct of the people at the Klip River and, as far as possible, of remedying any real grievances. He arrived at the place of Ma.. tiAKDING REPORTS TO THE GOVERNMENT 89 Andries Spies on the 20th. As some days were necessary to CHAP. bring together those who lived at a distance, the meeting could not be held until the 27th. On that day, about forty Boers met at Spies' homestead. One or two were chosen as speakers for the rest. At great length all their reasons for discontent with British rule, and also the history of theii dealings with Panda, as have been related, were dwelt upon. The chief immediate grievances which they brought before Mr. Harding, were the indiscriminate wandering and squatting of the natives, and the difficulty, it may be said injustice, which arose in connection with the working of the proclamation of May 12th, 1843. According to this, they could not get title to their lands unless they could prove twelve months' continuous residence on them before the date of that document. That twelve months' residence had been, in so many cases, an impossibility in consequence of war and the danger from natives. There were not wanting cases where individuals had bought and paid for farms, yet could get no titles, because the seller could not prove the twelve months' residence, while on the other hand, there were cases where titles had been obtained by some who had never been near their places. Mr. Harding listened patiently to all they had to say while they, on their part, treated him with openness and respect. On October 13th, he reported to the Government. He considered that, in strict legality, Spies, de Jager and the two Niekerks were criminally indictable, but as there could be no doubt that Panda had practised the grossest deceit towards the British Government and deliberate fraud on the Boers, he advocated no action being taken against them, as, after all, the mischief they had done was small, and, moreover, the attempt to arrest any one of them would lead to the abandonment of the district by all the Boers — this was by no means to be desired. Mr. Harding suggested a policy of segregation for the natives and a resident magistrate for the Boers. This report came before the Executive Council of Natal on October the 1 8th and 20th. The Senior Officer Command ing and the Secretary to Government recommended forgive ness for their political offences on the ground that the ignorant parties had invited inquiry and admitted their 90 MR. B0SH0F SENT TO KLIP RIVER CHAP, error. As an inducement to them to remain in the district and others to join them it was suggested that the provisions of the Proclamation of May 12th, 1843, be relaxed and titles to the farms be given ; further that the natives should be segregated and a resident magistrate and marriage officer appointed. The Surveyor-General was less sympathetic. Though he was of opinion that Panda had acted deceitfully, he was not sure that the wily chief had not been swayed by the influence of the Boers ; he counselled the utmost caution in granting a pardon as their sedition had been proved. He was opposed to any relaxation of the law which required the personal attendance in Pietermaritzburg of those who claimed titles to land and he demanded in addition that each claimant should take an oath of allegiance to the British Crown. The Lieut.-Governor was even more stiff-backed. He felt that the Government had already placed itself in a false position by sending Mr. Harding to the Klip River — most unprecedented would it be on the part of Government to grant a pardon to a guilty subject before he had surrendered himself to justice. He now declared that he was not at all satisfied that Panda had acted with duplicity — the accusation that he had, rested entirely on the words of the Boers who might be expected to give such an account as would best suit their purpose. He agreed however that the presence of a magistrate was called for at the Klip River. In the end the Council decided (1) to appoint a resident magistrate, (2) to station temporarily a military force at the Klip River, (3) that all persons who shall fully submit themselves to Her Majesty's authority and take the oath of allegiance before the magistrate within fourteen days after his arrival, shall be pardoned for any political criminal offence, (4) that the Surveyor-General now carry out the surveys, (5) that steps be now taken to place the natives in locations, (6) that claimants of registered farms must make personal applica tion at the Colonial Office in Pietermaritzburg to have the claims renewed. And lastly, that Mr. J. N. Boshof be appointed magistrate at the Klip River at £250 per annum. To accomplish the object of the third of these decisions, as well as to pave the way for Mr. Boshof, a proclamation OFFER OF PARDON 91 was issued on October 25th, to the effect that the Lieut.- CHAP. Governor, having taken into his consideration the best means XI' of recalling to a sense of their duty, those misguided persons, who, in disregard of their allegiance to their Queen, pro jected a wild and insensate scheme to purchase a portion of British Territory from the Zulu King Panda and to establish themselves in a state of independence, he (the Lieut.- Governor) was pleased to grant a pardon to those who de clared their submission to Her Majesty within fourteen days after the arrival of the magistrate who was to be sent to them. Mr. Boshof arrived at his Klip River magistracy on November 16th. He made, for a time, his headquarters at the place of Abraham Spies and lost no time in acquainting the people with the object of his visit. He appointed the 23rd as the first of the fourteen days during which he would accept their Oaths of Allegiance. But the prospects were not promising. From the general tenor of the remarks of those whom he interviewed, it became clear that but very few would avail themselves of the proffered pardon, rather would they quit the district. He himself saw active prepara tions to this end ; waggons were being hastily repaired and packed ; the growing crops and all else immovable were to be abandoned. The families of Spies were fully determined to go. On the appointed day, not a single person came forward to take the oath, albeit a numerous party with their waggons was assembled. In fact, during the whole fourteen days, only five availed themselves of the privilege — the van Tonders and the Moolmans. Mr. Boshof gathered that the reasons for refusing to take the oath were — the despair of ever obtaining that protection from the natives which should enable them to live in peace and in a sense of safety ; the difficulty with the titles to lands and in this connection they suspected that the object of requiring their personal appearance in Pietermaritzburg to renew the registration of their farms was to apprehend and punish them, notwith standing the promise of pardon ; further, in some cases, because they feared the taunts and ill-will of their country men at a distance. The appearance of Mr. Boshof at the Klip River and his offer of pardon seem to have been signals 92 PREPARING TO TREK CHAP, for a general movement of the people towards the Drakens- II- berg. Within a day or so he was alone. He therefore moved back to the Bushman's river, where we find him on December 3rd. Not only were these people on the move, but those living south of the Tugela were commencing to join in the general trek out of Natal. There were alarming rumours to the effect that their quondam friend Panda was sending a commando to prevent the exodus as well as to murder all friendly Zulus, that is, those who had fled from his country and were living in Boer territory. These rumours were based partly on the statement of Gert Niekerk, who visited Panda at this time. According to this, Niekerk told Panda that the Boers were leaving the Klip River, the King flew into a rage and said he would send to see what the English wanted. He threatened to make a clean sweep of them from the Klip River to the Umzimvubu (St. John's). Niekerk, so he said, actually saw commandoes ready to start. Whatever Niekerk may have seen, there was at this time, most probably, no hostile intentions on the part of Panda, against either English or Dutch. Spies were sent out in all directions but they failed to find any commando or warlike preparation. The theory of the Lieut.-Governor was that the whole story was a fabrication and that A. T. Spies was at the bottom of some plot, in which the people, having been sufficiently alarmed, would be induced to join in the general expatriation. It certainly had this effect, for not only in the Klip River, but in the district of Pietermaritzburg, Boers began to forsake their farms and congregate in camps at the Tugela preparatory to moving to the north. At a farm called Doornkop, a mysterious and anonymous letter was received urging upon the people the necessity of assemb ling and, if possible, proceeding at once to join the Klip River people at the foot of the Drakensberg. On December 4th, A. T. Spies issued the following manifesto : — " To the Emigrants and Countrymen over Tugela. I am bound to make known to you and give you positive warning, if you will come out, that it is time for you who take side with us, that you may not be ignorant of it, for it appears the whole country will be stained with blood, on account of BOSHOF' S ADVICE 93 the menaces of Governor West, with respect to our lawful CHAP. property, wherefore, I shall lay my complaint before country and people as far as any power may be found, therefore, friends and countrymen, do not allow yourselves to be persuaded to feel at ease, for the time is short, those who wish to come out, please to give notice thereof to me. I shall take care for your safety, that is to say, for those who are willing to share or suffer with us. Let this be forwarded from place to place, as far as any emigrant may be residing, Your sincere friend, A. T. Spies." Mr. Boshof was of opinion that Spies and his party were at the bottom of all the mischief and that, by continually alarming the people and endeavouring to persuade them to leave, their object was the ruin of the country. He advocated sending a party of soldiers with a field piece either to appre hend these disturbers of the peace or to rout them. The Spies party was encamped at the foot of the Drakensberg, near the de Beers pass, while other camps were formed at no great distances. On December 7th, the chief Zikali, who lived in those parts and seems to have feared this invasion, sent his messenger, Umhlaba, to the Lieut.-Governor in Pietermaritzburg to say that the country was in a state of war on account of the Boers. He (Zikali) said that one D. Bezuidenhout had visited him and told him that Galonkulu (the Zulu name for A. W. J. Pretorius) was approaching with reinforcements and that Zikali had better now declare on whose side he was. Zikali replied that he had already given his adherence to the British Government and not having two heads, he could not serve two masters. The truth of Bezuidenhout's statement is doubtful, for Pretorius, at that time, was on his return journey to his family after his visit to Grahamstown. In Pietermaritzburg, on December 2nd, a public meeting was convened by J. S. Maritz, " for the purpose of providing for the general safety in the event of any sudden attack upon the Colony," presumably by the Zulus. Judging from the first resolution, which Maritz himself proposed and which was carried by the meeting, he could not have had much 94 SIR H. SMITH MEETS THE TREKKERS CHAP, hope of mending matters. It was, " that it is the opinion of this meeting that it will be advisable to memorialise H.H. the Lieut.-Governor to repeal the Proclamation of October 25th, 1847, and having reference to the Klip River farmers, if, under existing circumstances, it would be consis tent with the views of the Executive to do so." As might have been expected, the Lieut.-Governor, on December 10th, gave it as his opinion that a compliance with this request would be altogether inconsistent with the duties which he owed to his Sovereign and to the district committed to his charge. He did not see what more lenient course he could have taken with the Klip River people than to offer them a full pardon on condition of their declaring their allegiance to the British Crown.1 A detachment of a hundred soldiers with a field piece was stationed at the Bushman's river to maintain peace and order, to be ready for any emergency as well as to provide a safe retreat in case of the necessity of retiring upon Pieter maritzburg. This had the effect of restoring considerable confidence among the people encamped along the Tugela. Many of these were soon returning to their farms. But the plight of those who had fled from the Klip River and were endeavouring to cross the mountains was distressing in the extreme. Sir Harry Smith who, shortly after his arrival in the Colony, rushed off to meet them and to dissuade them from trekking further said : " On my arrival at the foot of the Drakensberg mountains, I was almost paralysed to witness the whole of the population, with few exceptions, trekking . . . these families were exposed to a state of misery which I never before saw equalled, except in Massena's invasion of Portugal. The scene here was truly heart rending. I assembled all the men near me, through the means of a Mr. Pretorius, a shrewd, sensible man, who had recently been into the Colony to lay the subject of dissatis faction of his countrymen before the Governor, where he was unfortunately refused an audience, and returned after so long a journey, expressing himself as the feelings of a proud and injured man would naturally prompt. The scene exhibited by about 300 or 400 fathers of large families 1 Sir H. Smith repealed it by Proclamation of February 10th, 1848. FAREWELL TO SIR H. POTTINGER 95 assembled and shedding tears when representing their CHAP. position was more, I admit, than I could observe unmoved." x U" This Klip River trouble was the chief feature of Natal history during the Governorship of Sir Henry Pottinger. As has been indicated, he took practically no part in it. About the time when he refused to meet Pretorius, he received intimation that before the end of the year he would be recalled from Cape Colony and would be sent to India; he thought proper, therefore, to leave the disentanglement of Natal to his successor. The state of affairs of the Eastern Province, during 1847, necessitated Sir Henry Pottinger spending very nearly the whole year in Grahamstown and Fort Peddie. Hence, most probably, no other Governor of Cape Colony was so little seen by the general public or took so small a part in social functions. Not however because he deliberately held aloof, but either on account of the duties of his office which kept him continually occupied or, as in the camp at Fort Peddie, because he was too far removed from more civilised and cultured parts. If the wording of the Grahamstown farewell address, which was presented to him on his departure, was not mere fulsome adulation — and there is no reason to believe it was — Sir Henry Pottinger was held in high esteem, notwithstanding his condemnation of the financial affairs of the Province, of the Kat River settlement, of the Hottentot levies and other matters needing reform.2 His year of office is not remarkable for much in the way of constructive policy. Apart from his actions in connection with what he considered as abuses in financial matters, with the investiga tion into the affairs of the Kat River Hottentot settlement and with the conclusion of the war, he did little more than carry on the work of his predecessors. Two most important 1 Despatch Sir H. G. Smith to Earl Grey, Feb. 10th, 1848. a Dr. Theal, on page 56 of Volume III of his History of South Africa since 1795, says : " No other governor of the Colony ever lived in such open licentiousness as he. His amours would have been inexcusable in a young man, in one approaching his sixtieth year, they were scandalous." It would be interesting to know on what authority this statement is made. Whatever may have been the conduct of Sir H. Pottinger in other countries, it is difficult to believe that his constant application to work and his residence in such quiet places as Grahamstown and Fort Peddie, during practically the whole of his Governorship, could have permitted of much gaiety. 96 TWO IMPORTANT ENACTMENTS CHAP, enactments, however, were promulgated by the Legislative IL Council, though it is not clear that the Governor had any thing more to do with them than to give his assent. On? was an Ordinance for relieving agricultural produce and other articles from the necessity of passing through the markets. Before the date of that Act, farmers and others were not allowed to sell any of their produce privately, it had to be taken to a market, sold by auction and dues paid. These market dues had to be paid even when produce was brought to town and not intended for sale. " By the enact ment," says the Governor to Earl Grey, " colonial produce of the annual value of upwards of £ 140,000, will be relieved from an unjust and obnoxious impost on entering Cape Town." As might be expected the Municipality of Cape Town was very wroth at this loss of income. The other important Ordinance was one for, " Improving the Ports, Harbours and Roadsteads of the Colony." In virtue of this a Board of Commissioners or Directors could be appoin ted who would be empowered to take possession of necessary public lands, to expropriate private ones and pay for them on arbitration, to raise money on loan and to do all else necessary in order to carry into effect the intentions of the Government. The establishment of this Board was oppor tune, as Port Kowie was struggling into existence and East London was about to become a new port. On December 8th, at Selwyn Castle, Grahamstown,1 the official residence of the Lieut.-Governor, Sir Henry Pottinger received a deputation of Grahamstown citizens and was then presented with the farewell address. In reply, he assured them that in whatever part of the world he should find himself, he would always watch with interest the progress of the Colony, though he had differed in his views from many of them and seen reason to condemn and reform much which he found in operation, yet he conscientiously believed he had acted for the public good. Shortly afterwards with all due ceremony, he was escorted out of Grahamstown and rode to the farm of Lieut. Daniells at Sidbury, where he remained until the arrival of the new 1 Now a home for poor children in connection with the South African Railways and Harbours. Sir Henry Pottinger DEPARTURE OF SIR H. POTTINGER 97 Governor, Sir Harry Smith, who was then on his way to CHAP. make his final settlement with the Kaffir Chiefs. Having IL imparted all necessary information, Sir Henry Pottinger proceeded to Port Elizabeth and sailed in the Rosamond to Cape Town, where he arrived on the 24th — under a salute of guns from the Castle. Thence to Madras, of which Province he became Governor. vol. v 7 h CHAPTER III THE ESTABLISHMENT OF BRITISH KAFFRARIA chap. Sir Henry George Wakelyn Smith, Bart., was the IIL successor to Sir Henry Pottinger in the Governorship of Cape Colony. As will be remembered, he had, twelve years previously, been chief of the staff under Sir BenjaminD'Urban, during the 1835 war and, near the end of that war, became Commandant or Military Governor of the newly-established Province of Queen Adelaide. He had founded King William's Town, and, in his own peculiar theatrical manner, had instituted and, for a time, maintained, those successful measures which tended to the civilisation of the Kaffirs and the security of the Frontier colonists. But, by the disastrous ; Glenelg-Stockenstrom policy, all this was overturned ; the cruel and barbarous customs of Kaffirland, such as witch craft with its horrors, were again permitted unrestrainedly, King William's Town was abandoned, the good Sir Benjamin D'Urban was dismissed and Sir Harry (then Colonel) Smith, deeply to the regret of all, except perhaps the small " pseudo- philanthropic " party, left Cape Town for Calcutta in June, 1840. Promoted to the rank of Adjutant-General, he commenced, in India, that brilliant career which earned for him, on his return to England, the thanks of Parliament, academic honours from the Universities and from the public generally, the title of the Hero of Aliwal. Undoubtedly, as recognition of his services and his great abilities he was, in October, 1847, appointed Governor and High Com missioner to settle the affairs of South Eastern Africa, the announcement of which appointment gave universal delight throughout Cape Colony. His previous experience in South Africa gave him an advantage which had not been possessed by any Governor who had preceded — and probably by none 98 Sir Harry Smith a iumuliuous WELCOME 99 who succeeded — him, namely, that of being well acquainted CHAP. with the country as well as knowing, and being known to, most of the inhabitants both British and Dutch and, more important still, the turbulent Kaffir chiefs were no strangers to him. By all it was felt that he was the one man who could and would restore the Kaffirland policy, the interruption of which in 1836, had had as its inevitable results the expatria tion of so many of the worthy Dutch inhabitants of the Eastern Province and the war of 1846, in short, that he would reverse the reversal. The anticipation of the brighter and happier era for Cape Colony which this appointment was to inaugurate, begot an impatience to see the speedy arrival of the new Governor, their old and revered friend. At sunrise on December ist, 1847, signals on the Lion's Rump announced that the Vernon with Sir Harry and Lady Smith on board was standing in to Table Bay. Long before half- past ten, when the vessel came to anchor, large crowds had collected on the open space at the end of Bree Street, near which was the rickety, old North Jetty, where the welcome Governor was to land. It was a beautiful summer's day. Business for a time seemed to have been forgotten, eager and pleasurable anticipation animated all. At about noon the booming of the guns at the castle and the tumultuous cheering made known the fact that Sir Harry Smith was once again on Cape Colony soil. Through lines of soldiers, he made his way to the carriage and four magnificent grey horses, which were in waiting and then, greeting one old friend here and another there, he was driven through the excited crowds along Bree Street into Wale Street and thence to Government House. At one o'clock, he took the usual oaths of office and was duly sworn in. Then commenced that flood of addresses, memorials and petitions which, for one reason or another, was to deluge him during his few eventful years of Governorship. The first was an address of welcome on behalf of the merchants of Cape Town, which was pre sented by Mr. John Bardwell Ebden, a gentleman whose better acquaintance Sir Harry was to make under less pleasant circumstances. In answer to certain allusions to Kaffirland in this address, Sir Harry, in his characteristically theatrical manner and stentorian voice, exclaimed : " / am loo THE HUMILIATION OF MAQOMO CHAP. now Governor. I WILL Be GOVERNOR," prophetic probably, of the iron-handed procedure with which he intended to bring the Kaffir chiefs to heel and to settle the affairs of South Eastern Africa. In the evening, the main streets, such as the Heerengragt (now Adderley Street) and St. George's Street, were illumi nated in honour of the occasion. House vied with house, not only in the number and brilliancy of its lights, but also in the elaboration of transparencies representing the " Hero of Aliwal," and words eulogistic of Sir Harry and Lady Smith. One unfortunate house showed neither light nor trans parency ; it was, therefore, the victim of the humour of the crowd, which, emphasizing its disapproval of this want of enthusiasm, smashed every one of the two hundred and seventy-five panes of glass of its windows. As in the cases of the Governors who had preceded him, Sir Harry Smith soon found that his more pressing duties called upon him to leave Cape Town almost immediately and repair to the Eastern Province. Although the war was practically at an end, it was not formally declared to be so. Pato had not yet surrendered and there was much yet to put in order before peace could be regarded as properly established. Hence, on December nth — instead of riding on horseback to Grahamstown in six days, as he did on the last occasion when he visited the Eastern Province — he embarked on the Rosamond at Simon's Town and sailed to Port Elizabeth. There again he met many old friends and acquaintances. Among them was the chief Maqomo, who, though having been allowed to reside in Port Elizabeth at his own request, was nevertheless a prisoner, as he found when in the following January, he endeavoured to leave and return to Kaffirland. Although he had taken little or no part in the late war, Sir Harry Smith regarded him as a rascal and treated him as such. After having stormed at him and recalled his past delinquencies, he ordered the chief to kneel and placing his foot upon his neck, said : " This is to teach you that I have come hither to show Kaffirland that I am chief and master here and in this manner I shall treat the enemies of the Queen of England." This public humiliation of Maqomo, as well, subse- „^iUli vr u^umud AT GRAHAMSTOWN 101 quently, as that of some of the other Kaffir chiefs gave rise CHAP. to adverse criticism in England as well as ridicule in the IIL Colony. From Port Elizabeth, Sir Harry rode on to Grahamstown. On the way, he stopped for a time at the farm of Lieut. Daniells at Sidbury, where Sir Henry Pottinger met him and discussed with him the then general state of affairs. When nearing Howison's Poort, about ten miles from the town, the civil commissioner with several of the officials and a crowd of the inhabitants — both on horseback and on foot — were ready to escort him along the final stage of his journey. The meeting was more that of the welcome of an old and beloved friend than that of the public entry of the Queen's Representative into one of Her dominions. As at the public banquet in Cape Town, where Mr. Justice Menzies preferred to propose the toast of " Harry Smith and his wife," rather than " their Excellencies," so now the personality of the Governor and High Commissioner was lost in that of " good old Sir Harry." Among those he recognised and greeted with warmth was a Hottentot who had formerly been his servant : " Why, there is old Jeps," he shouted. " Old Jeps " was then brought forward to shake hands with him. As the cavalcade drew nearer to the town, it was continually increased by the addition of so many enthusiastic admirers that eventually nearly all the inhabitants of Grahamstown formed the escort. Through elaborate and costly decorations in the form of triumphal arches in the Grahamstown streets the procession made its way. At the end of the High Street, in front of St. George's Church, a triple arch extended from side to side of the street. It was surmounted by a large bust of Sir Harry Smith, and under it were the words : " Truth triumphant." " Do Justice and fear not." Below was the raised platform from which the municipal commissioners read the address of welcome. In answer to this address, Sir Harry reminded them of the last time he rode into the City, when he found it in a state of siege and invested by a savage foe, but by the valour of those with whom he was associated, he had been able to relieve it. Then in allusion to the endeavours he had made to introduce civilisation into Kaffirland, he said : 102 SANDILLI SET FREE CHAP. "In my endeavours to accomplish the work which had been IIL assigned to me, I was thwarted, but gentlemen, though assailed, I ultimately triumphed, and again I appear upon the scene to resume and carry out the very measures which were rendered abortive. But the country has again been overrun and devastated, and I am back again to repair, if possible, the ruinous mischief. . . . The Kaffirs shall be prostrated under our feet and the occurrence of war shall be prevented. But there must be unanimity throughout the Colony, all must make common cause in carrying out my measures. Let it be understood, I Will Be Governor." Sir Harry Smith could not know that almost within three years from the time of making this brave speech his promise of the non-recurrence of war was not to be fulfilled and that before he left the Colony he was to take part in a Kaffir war of far larger dimensions than any which had preceded it, and that even at the end of that, the Kaffirs could not be said to be prostrated. After this ceremony, Sir Harry Smith was conducted to Government House. The real business of settling the affairs of South Eastern Africa now properly commenced. During his short stay in Cape Town, he must have prepared those instruments and proclamations which, on this day, the 17th of December, 1847, he caused to be made public and thus inaugurated changes in the general policy of the East, which, in modified forms, remain to this day. His first action was to liberate Sandilli, who was still a prisoner in Grahamstown. The wily, cringing chief appeared before the presence and received such an address as only Sir Harry could deliver. He was then told to depart immediately to his people and tell them that " Smith " would be among them in a day or so. Having thanked his " Father," Sandilli was a free man again. On this same day, Sir Harry, in spite of the frowns he knew he must expect from Downing Street, took the momen tous step of increasing vastly the extent of Cape Colony. Although by a proclamation bearing date the 21st of February, 1805, a northern boundary to the Colony had been set, yet the line of demarcation was so indefinite and the northern parts so sparsely populated, that no one knew ** jviiir l^uaitiunN BOUNDARY 103 where it was. To obviate all doubt on this matter in the CHAP. future, Sir Harry ordained a boundary concerning which, m' there could be no mistake, namely, that of the Orange River. The additions to the then Colony comprised roughly the present district of Little Namaqualand, Kenhart, Hopetown, Prieska, Britstown, Philipstown and parts of Calvinia, Victoria West and also the districts of Albert and Aliwal.1 In this same proclamation of December 17th, though there does not seem to be much connection with the above, there was the further momentous declaration that " all treaties and conventions formerly subsisting between Her Majesty's Government and the chiefs of the Gaika, Congo, Tslambi (Ndhlambi) and Tambookie Kaffirs are wholly abrogated and annulled," in other words, there were to be no more treaties with the Kaffirs ; barbarians who, during so many years, had shown themselves incapable of acting honestly and respecting the obligations of their promises were, in future, to be made answerable for their evil deeds to an authority which would have the power to punish them. Sir Harry Smith remained in Grahamstown three days, and then on the 20th, he set out on his tour to the East and the North. Information of his proposed route had preceded him. He travelled via Fort Brown, Koonap, and Fort Beaufort on to Fort Hare. Thence to Fort Cox and round to Fort White and finally to King William's Town, or rather the site of that place — for King William's Town then consisted only of the ruins of Fort Hill, the remains of the missionary's (Brownlee's) house — which Sir Harry himself had had repaired in 1835 — some Kaffir huts and the tents of the 1 The official statement is " from the mouth of the Keiskamma river, ascending along the Western bank of the same, up to its confluence with the Chumie river ; thence up the western bank to its northernmost source ; thence along the summit of the Katberg range to the centre of the Luheri Mount or Gaika's Kop ; thence to the nearest source of the Plaats river, and down the left bank of the same to its juncture with the Zwart Kei ; thence ascending the right bank of the last-mentioned river to where it reaches the waters of the Klaas Smit's river ; thence ascending the Western bank of the last mentioned river to the source of the same in the Stormberg ; thence crossing over the Stormberg to the source of the Kraai river ; thence down the left bank of the last-mentioned river to where it falls into the Orange river and thence following the course of the last-mentioned river along its left bank to where it empties itself into the South Atlantic Ocean. 104 A STRIKING CEREMONY CHAP, soldiers. His object was to see the defensive (and perhaps II1- offensive) military arrangements of the country as well as to move through those parts which were most thickly populated by Kaffirs. He arrived at King William's Town on the 23rd. At all the military posts, he was received with genuine enthusiasm ; all the more so, perhaps, because he gave orders for rations of grog and probably none the less because he read them lectures on the dire results of taking too much. In very many places along his route, the Kaffirs of the particular part congregated and waited to see him ride past and in some cases came forward to kiss his booted and spurred foot. Sutu, the mother of Sandilli, was waiting at Fort Cox to renew an old acquaintanceship. On the undulating ground of the embryo King William's Town, many hundreds of natives were waiting to meet him. At the appointed time, they formed themselves into a hollow circle. In the centre were congregated the important or great chiefs, Sandilli, Pato, who four days previously had finally sur rendered, Umhala, Toise, Siwani and others. Maqomo was absent. All the available soldiers having been effectively placed, the drama commenced. Sir Harry and his officers in showy uniforms rode into the circle. He carried in his right hand a sergeant's halberd and in the left a long staff, resembling a broom stick at the end of which was a brass door knob, or something of the kind. The former was to be regarded as a symbol of war, while the latter was that of peace.1 With various comments, promises and threats, he then addressed the crowd explaining to them the new situation. He read the proclamation of December 17th, abrogating all treaties and then by means of another bearing this day's date, December 23rd, he took the further step of declaring Kaffirland subject to British rule under the name of British Kaffraria — in fact he restored the Province of Queen Adelaide which had been proclaimed by Sir Benjamin D'Urban, twelve years before. The boundaries of the new district are defined as commencing " at the mouth of the Keiskamma river, up to the Kaga range, to the source of the Klip Plaats river, down its right bank to the junction 1 These " symbols " are now in the front hall of the South African museum in Cape Town. „„^* ^ x^uort iriii DOOR-KNOB 105 with the Zwart Kei and down the bank of this river to the chap. Kei river, thence down the bank of that river to the sea." IIL The shape of the large district thus formed, was roughly that of England — and the similarity was yet to be emphasized further, by giving its subdivisions English county names.1 This new territory was not to be a part of Cape Colony, but was to be held by the Kaffir chiefs and people under the authority of Her Majesty's High Commissioner and under such rules and regulations as should be best calculated to promote Christianity and civilisation. At the end of the harangue, Sir Harry called each chief forward singly, and asked him to choose between war and peace, by touching the appropriate staff. Naturally, in their state of semi- starvation and fear of the Governor, all touched the door knob ; each then had to kiss Sir Harry's foot and exclaim : " Inkosi Inkulu" (great chief), after which the hand of each was shaken and the assembly dismissed. On this same day, a Government notice was issued, inviting missionaries to resume their labours in Kaffirland. Facilities to that end were offered to them and they were to have the advantage of knowing that in future their lands were to be held under the authority of the British Govern ment and not under that of the Kaffir chiefs. Traders, also, were encouraged to establish themselves near the missionary stations ¦ and the villages of the great Kaffir families ; they were to take out annual licences of £ 50 and were prohibited from trading in gunpowder, arms and spirituous liquors under a penalty of forfeiture of the licences. The revenue derived from these was to be spent on the construction of roads and other public works. A further Government notice announced that the old Ceded or Neutral Territory, that is, the country between the Fish and Keiskamma rivers was to be part of the colony and named Victoria. Its chief town and residence of the Civil Commissioner was to be " Alice Town," then just coming into existence. The Rev. H. Calderwood, who had already done such good and tactful work among the Gaikas, was appointed the first civil commissioner. There were probably very few men so capable of undertaking this duty ' There were Bedford, Middlesex, York, Sussex, Northumberland. 106 THE BIRTH OF EAST LONDON CHAP, as Mr. Calderwood. He had earned the greatest eulogy IIL from both Sir P. Maitland and Sir Henry Pottinger — and even from Earl Grey — for the ability and justice with which he had ruled the great Gaika clan, and now Sir Harry Smith was prepared to honour him. There were not wanting, however, those who looked askance at a man sitting on the bench during the week and occupying a pulpit on Sundays, so that in some quarters he was not very popular. All the same he justified the appointment. The better to settle the division of Victoria as well as to contribute to the protection of the Frontier from Kaffir assault, it was decided to establish some semi-military villages at sites to be chosen and to encourage discharged soldiers and others to make their homes therein. And for the general defence of the country, a further notice was issued on December 24th, calling upon all able-bodied inhabitants to enrol their names for the purpose of forming a militia, a measure which gave the reverse of satisfaction throughout the country. These matters will be dealt with further on. In British Kaffraria, the Royal Engineers were soon busy, defining and mapping out subdivisions of the country for the occupation of the different Kaffir tribes. To these, the names of English counties were given — Bedfordshire, Sussex, Yorkshire, for instance. King William's Town, in the county of Sussex, was laid out in streets and squares on both sides of the Buffalo, when a real commencement of this town was made. In the course of his travels during the next few days, Sir Harry Smith discovered that traders, farmers, adven turers and others were eager to acquire land in the new district of Victoria and that there was the promise of future commercial activity in those parts ; further, having inspected the mouth of the Buffalo river and been impressed with the facilities it offered for the landing of cargoes — and the loss to the customs which was likely to be incurred thereby — he decided to raise it to the dignity of a port. On January 14th, 1848, therefore, it was enacted that the mouth of the Buffalo river should be a port named East London (in Bedfordshire) ; thus commenced the large and flourishing iv-cw lvni^llARY POSTS toy town of that name. It was however not in the Colony, so CHAP. there was the curious anomaly of one country demanding IIL and receiving the customs dues at a port in another. For the protection of this landing place, Sir Harry authorised the construction of a strong military post, called Fort Glamorgan — still standing to-day. It provided accommoda tion for one officer, twenty mounted men, one field officer, five officers and a surgeon and two companies of infantry. This, however, was only one of a number of military posts in British Kaffraria which he sanctioned.1 Some were new, while others were old ones rebuilt or enlarged. Necessary barracks and offices, at a cost of £4,852, were built at King William's Town, which then became the headquarters of the territory and the residence of the Commandant and Chief Commissioner, Col. G. Mackinnon. The total expenditure on this and eight other posts was £12,791. This very necessary and modest expenditure on so important a measure as the effective protection of the Frontier somewhat alarmed the British Treasury. Earl Grey, though grudgingly, sanctioned it. He was of opinion that the expenses of the late war had been a sufficiently heavy burden upon the British taxpayer. It certainly was. But had Downing Street previously pursued a less penny-wise- and-pound-foolish policy, listened to the plaints of the colonists and the warnings they gave through so many years, it might never have happened. " The enormous expense of the military operations just concluded," he said, " all contribute to impose on me the duty of directing you distinctly to warn all those portions of the public whom it may concern, not to expect that any new war of the same kind can be carried on at the cost of this country." . . . " These recent events must have given the colonists ample warning of their danger and if they think fit to occupy lands situated in the immediate vicinity of barbarous tribes without due precaution, they must do so at their own risk." 1 The others were Forts Hare, Cox, White, Grey, Waterloo and Wellington. Distributed among these were 569 of the Rifle Brigade, 575 of the 45th Regiment, 570 of the 73rd, 192 Artillery, and 192 of the Cape Mounted Rifles — a total of 2,098 to deal with the Kaffirs of British Kaffraria, 108 THE GOVERNOR'S ADDRESS TO THE KAFFIRS CHAP. In further pursuance of his method of settling the affairs 1IL of South Eastern Africa, Sir Harry Smith in order to make more fully known his Kaffirland policy, ordered another great meeting of natives to be held at King William's Town on January 7th, 1848. This meeting, of which previous notice had been issued well beforehand, was on a much larger and more elaborate scale than that held on December 23rd, which, so to speak, had been convened at a moment's notice. On the appointed day, a great concourse of people assembled. There were all the Kaffir chiefs with their councillors and some thousands of their followers, also, all the missionaries and a large number of Europeans from the Colony, and, of course, all the available troops were present. The immense number of semi — or almost entirely — naked Kaffirs, squatting on the ground, arranged themselves, as before, in a circle leaving a large open space in the centre. At the appointed time the Governor, in showy uniform, with his brilliant staff, his interpreter and missionary, the Rev. H. H. Dugmore, moved into the circle. It was just eleven years to the day since Sir Harry held a similar meeting on that same spot. During that time, many great events and changes for the worse had taken place. He made it now his duty to recount these and to show how much happier they might have been, had they heeded and acted upon his former admonitions. The meeting was opened with prayer by the Rev. H. H. Dugmore. The Governor then began a very long address, rendered the longer in consequence of all having to be interpreted sentence by sentence. He addressed them as : " My people, and, if good, my children," and then reminded them of and emphasized the chief points of the Proclamation of December 23rd, namely, that conquest had deprived them of the land in which they were now per mitted to build ; that their political independence was at an end, that no more treaties would ever be made with them and that in future there would be no paramount chief, but the Inkosi Inkulu (himself or his successor). " No more Kreli," he shouted, " no more Sandilli, no more Umhala. Hear ! I am your Inkosi Inkulu." He held in his hand a decorated rod of some kind, which he called a " Stick of Office." Each chief had to go forward, touch it and swear iir.ru Z.S OF THE CHIEFS 109 to an oath which was recited to him. It seemed somewhat CHAP. strange and inconsistent that Sir Harry should expect those ni' people whom he had already acknowledged as incapable of observing a treaty, to keep an oath. They promised to obey — undoubtedly, as after events showed, only so long as it was unsafe to disobey — the commands of the Inkosi Inkulu, to acknowledge no other paramount chief and to compel their people to do the same ; to disbelieve in witchcraft ; to punish murderers and the violators of women ; to prevent robberies in the colony ; to listen to the missionaries and on each anniversary of this day, to take to King William's Town, a fat ox as acknowledgment that they held their land from the Queen. All so far having been made clear, the chiefs were invited to offer any observations and speak their minds. Sandilli first spoke. He was, outwardly at least, very peni tent. " I have no mouth," he said, " what chieftainship I have, I have received at your hands." He thanked the Governor for his life and begged that more land might be allotted to him. Umhala " thanked " for being brought out of the rocks, bushes and holes. Pato, who had been the first to enter the late war and the last to give in, and who yet was to prove that he could be to the Government a friend in need, was probably the only honest chief present at that meeting. " To-day," he said, " you have taken me from among the monkeys, to-day we may come out and sit in the sun, when we churn, we can now take all the butter. I am your child now, I will never go into the bush again," euphemistically, that he would never render it necessary to hide away in consequence of rebellion or any such misdeed. In much the same strain, other chiefs expressed their satis faction at being " out of the bush," and their respect for the Governor. The chiefs then falling back a little distance, Sir Harry moved further forward and the huge crowd maintained an almost deathlike silence. He then commenced the real part of his address in a voice which could be heard by all. " Hear ! " he said, " you have done well, you are once again my children, I will make you as I left you years ago — making rapid strides towards civilisation." He then expatiated on the virtues of industry and trade 110 A THRILLING EFFECT CHAP, and pointed out the blessings derivable therefrom. " You ' shall all learn to speak English at the schools I will establish for you and, that you may no longer be naked and wicked barbarians, good people in England will help me to provide for your wants. . . . Your people must work as we do, none of us eat the bread of idleness, nor can, nor shall you." He promised to supply them with ploughs, seed and goats in order that they might make a start, and to the idle and bad, he promised that they should have their lands taken from them. " I will eat you up and drive you out of British Kaffraria." He then dealt with the late war and the miserable state in which all found themselves in cqnsequence of it, he then worked himself up into a storm of wrath — or pretended to do so — and shouted : " And you even dared to make war, You DARE TO Make WAR, you dare to attack our waggons ! See what I will do if you ever dare to touch a waggon or the oxen belonging to it. Do you see that waggon I say ? Now hear my word, FlRE." Before the meeting, preparations had been made for a thrilling theatrical effect which was to be introduced at this part of the proceedings. At some little distance from the assembly, stood an empty ox-waggon, which, though in the sight of all, had most probably been unnoticed. Under it was a considerable heap of gunpowder and a train was laid to a convenient spot. When the word, " fire," was given a spark was put to the train, and in a moment, there was a deafening report. When the volume of smoke had cleared and the shower of waggon fragments had ceased to fall — it was seen that the waggon had disappeared. " Mawo ! " and " Que ! " was all the remaining breath of the astonished natives would permit them to say. It was a grand miracle. " Ah ! do you see the waggon now ! " he continued. " And you would and shall be blown up like it, if you ever again attempt to touch another." Then like the calm after the storm, he subsided into gentler tones and assumed the role of loving shepherd of the flock. He admonished them to cease upbraiding one another ; he offered £ 50 reward to any who should succeed in arresting murderers ; he recom mended them to the care of Col. Mackinnon and then, having called each chief forward to touch the " Stick of zik M. SMITH GOES NORTH III Office," he ordered all to shout for joy for the Great Queen CHAP. of England. All accordingly touched the magic wand. IIL Messengers were then sent to Kreli and Buku over the Kei, announcing that they were no longer great chiefs, but sub ordinate to the Inkosi Inkulu. Then finally, lowering his voice and almost in tones of grandmotherly love and sympathy he bade them " Farewell " — but, he added significantly, in case of need, he could reach them from Cape Town in six days. All, as a parting salute, were ordered to shout, Peace ! Peace ! This was done and with the last echo of the tremendous roar, the historic scene ended. The affairs of British Kaffraria having been thus far satisfactorily settled, the disorder in the country beyond the Orange river and the troubles in Natal next claimed, and received the Governor's attention. " I was exhorted," he says, " from within the Colony, to visit these deluded men and invited by themselves to appear among them." He felt confident that, even after an absence of twelve years, he still lived in the affection and regard of those who had been his friends during the 1835 war, but who were now outside the pale of British jurisdiction and protection. Probably, without realising the changes in feelings which had been brought about by the mistaken Glenelg-Stockenstrom policy, he imagined that his mere presence among those people would be sufficient to induce them to acquiesce unreservedly in all he was about to propose to them. He was yet to learn that in this he was mistaken. After the brilliancy, the pomp and other stage effects which had been considered necessary to impress the Kaffirs at King William's Town, the scene changes. Adapting them selves to new circumstances in which pageantry was likely to be at a discount, the characters in the persons of Sir Harry Smith with two secretaries, an A.D.C., and presumably a personal servant, are seen to be moving in a most unostenta tious manner to the north. Leaving King William's Town, the route was by Debe Nek and Middle Drift. At this place a number of Kaffirs was waiting. One of them was sent to Sandilli, who lived at no great distance, to convey to that chief further friendly greetings. The journey was then con tinued through the beautiful mountainous country in the 112 THE GOVERNOR REACHES BLOEMFONTEIN CHAP, vicinity of Gaikas' Kop to the Kat River Hottentot settle ment, the present Balfour and Philipton. There, again, Sir Harry was among old friends and acquaintances. During two days, he showed much interest in these war-worn and poverty-stricken people. Thus encouraged, they ventured to present to him an address in which they complained of their magistrate, Mr. Biddulph, who, they considered, had dealt harshly with them. It may be said, in passing, that Mr. Biddulph, like many others, looked upon that settlement as a nest of idleness and squalor and had reported it as such to Sir Henry Pottinger. It is only fair to these Hottentots (coloured people) to say that when they had had a fair chance they had shown every sign of industry, but as they had been called out for and had served in two Kaffir wars and been poorly paid for their services, their own affairs had had to be sacrificed with the result that their habitations and gardens did present the appearance of neglect and squalor. With such encouragement and sympathy as he could give them, albeit with regret at their actions against their magistrate, Sir Harry with his small staff left them, climbed the magnifi cent Kat Berg and made his way to the mission station of Shiloh. At no great distance from that place, and at a spot near where the Ox- Kraal river joins the Klipplaats river he selected the site for a town, which was to be named after his own birthplace in England, WHITTLESEA. This place, though small, was to acquire some notoriety in connection with the Kaffir war, which was yet again to overwhelm the Eastern Province. Sir Harry Smith left Shiloh on the 14th (Jan.) and in ten days, he reached Bloemfontein. When about three miles from Colesberg, he. was met and escorted into the small village by a commando of the burghers of the district headed by the civil commissioner. The usual address of welcome was presented to him. Of more importance, he received a petition from one Jan Olivier on behalf of the inhabitants of the Stormberg district, the result of which was the legal establish ment of the district of Albert and the town of Aliwal North.1 Continuing his journey, he crossed the Orange river at Botha's drift on the 21st and on the evening of that day was 1 Vide Volume IV of this work, page 407. ±m.j}jxvi£±w WITH ADAM KOK 113" At Philippolis. On the 24th in a violent thunderstorm he CHAP. reached Bloemfontein, then an insignificant place hardly worthy of the name of a village. Sir Harry Smith's attempt at the introduction of a better state of affairs in trans-Orangia commenced on this day with an interview with Adam Kok. That Griqua chief, evidently swayed by a consciousness of his own importance, ventured, in the first instance, to assume a somewhat insolent and overbearing demeanour towards the Governor and to meet him as an independent potentate. Disillusionment soon followed. Sir Harry having, in no gentle tones, threat ened to tie him up to one of the beams in the room in which they met, Adam Kok's opinion of himself and his position underwent such a change, that it became possible to induce him to agree to certain terms which the Governor proposed to him. They were, that in lieu of half the quit-rents which he received in virtue of the treaty of February 5th, 1846, he should receive £200 per annum ; and that his people, for the lands they had let, should receive £100 per annum, further in the case of British subjects, who then held land in the inalienable territory, they should be obliged to quit that territory on receiving payment for the value of all buildings and improvements made by them on such lands. But the more important business of this day was his address to the large public meeting of Boers who had assembled from the districts of the Riet, Modder and Caledon rivers. There were also present Moroko, the chief of the Bara- longs from Thaba Nchu and other natives. The kind-hearted, yet impetuous, intrepid soldier, again found himself among old friends and, as he told them, he met them as a friend and not as a Governor. " He who had done wrong needs a friend," he said, " and I have come to you as such, I have received no instructions to come among you, but have been prompted to do so entirely by my own feelings." Then addressing them as a misguided, though loyal people, he told them what he was prepared to do on their behalf and for their welfare. " If all the Boers," said he, " come and say that they wish to be under the British Government, I will endeavour to aid them, but I will hear nothing from one person here and from another there, I will have all or none. vol. v 8 1 114 THE GOVERNOR MEETS MOSHESH CHAP. I will then act thus, I will proclaim the Sovereignty of Her Majesty over all the country on this side of the Orange river, and although I have no intention whatever of taking actual possession of the land, yet the Queen's authority shall be paramount." He then explained to them that they would have to contribute their share of the expenses of their govern ment by the payment of quit-rents and traders' licences and that money from such sources would be used in the establish ment of churches and schools and for the construction of roads and other public works ; he promised that none of this money should pass into the Colony. In answer to this, the Boers thanked him for his goodwill, and, certainly speaking only for themselves and not for the whole of Boerdom, they stated that they desired to come under British rule, that they had always wished to belong to the Colony and regretted that their friends and brethren had gone away and were not of their mind. In reply to an address from the Caledon people, Sir Harry expressed his disapproval at their having left the Colony. " Had I been Governor," said he, " I do not think you would have done so, for I would have talked over your affairs with you." Turning to Moroko, he adjured him to keep the peace, for then his cattle would grow fat and he would go to Heaven. Sir Harry made this meeting memorable by a character istic act of kindness and consideration which he showed by ordering his own chair to be taken to an old and venerable Boer, who was standing in the crowd in a state of apparent weariness and weakness. With every thing thus far satis factorily settled in Bloemfontein, the Governor, accompanied by Mr. (afterwards Sir Richard) Southey, his private secretary, Major Garvock and that accomplished Boer negotiator, Commandant Gideon Joubert, moved off in the direction of the small village of Winburg. He arrived there on the 27th, escorted on the last few miles of the journey by a commando of mounted Boers who went forth to meet him. There he met the great Basuto chief, Moshesh, with the French missionary, the Rev. Casalis, also Moletsani, Sikonyela and others. He was now face to face with one of the most difficult and delicate problems of this expedition, one, the solution of which was to be a determining factor A FRIEND NOT A GOVERNOR 115 in the settlement of the affairs of South Eastern Africa, CHAP. namely, the arrangement of the disputes between the Boers and the Basutos. Many of the former, with, but some with out, the permission of Moshesh had settled or squatted in territory which he claimed as his country and thus there was commencing that trouble which, in a few years hence, was to lead to the Free State wars. Sir Harry had a long conference with Moshesh, the result of which was an agree ment which was signed the same day. This agreement, how ever, went no further than that Moshesh was persuaded to see that peace and tranquillity could only be established and maintained while there was some great and paramount authority over all, in other words, that the sovereignty of Her Majesty must be declared over the whole country. In that case, the Governor promised that the hereditary rights of the chiefs should be maintained inviolate, the Boers should be restrained within the limits they then possessed and that then magistrates and land surveyors could be appointed. The Boers in their address to the Governor, declared that the lands they had occupied in those parts since 1837, had been purchased from the native chiefs who had the right to sell them ; they complained of the disabilities under which they then suffered, the uncertainty of tenure and the restlessness of certain evil-disposed persons who were urging on the ignorant to violence. They asked the Governor to acknowledge their legal rights to their lands, to establish military posts in the country, especially at Winburg and also to give them churches and magistrates. It must have been a satisfaction to him to receive a petition signed by forty-nine people asking that British jurisdiction might be extended over the country. In answer to all this and addressing them as a friend and not as Governor, he endeavoured to show that the treaty with Moshesh secured to them their rights to their lands and that with regard to the proclamation of the sovereignty, he would be willing to take that step only on condition that four out of every five persons throughout the country desired it. He referred to Sir Henry Pottinger's refusal to see Pretorius. " Had Pretorius had an audience with the 116 SYMPATHY AND ENTHUSIASM CHAP. Governor of the Colony," he said, " I should not have been here among you, I would sooner have lost five thousand pounds than not have come." He so far sympathised with their desire to have a church that he himself, then and there, gave twenty pounds towards the cost of the erection of one at Winburg and promised to obtain a loan from the Colonial Treasury on the pound for pound principle, in order that it might be completed. That the enthusiasm for this good object should not wane he actually laid the foundation stone of the Winburg church, the first Dutch Reformed church in the Orange Free State.1 While in trans-Orangia — the country had not yet acquired the name of the Orange Free State — Sir Harry Smith learnt that the Boers were trekking from and abandoning Natal. Very anxious to stay this outward movement, he sent an express messenger to A. W. J. Pretorius asking him to pause until he (the Governor) could meet him.2 As soon as possible 1 Speaking of Sir Harry Smith's eccentricities, Dr. Theal (Vol. IV, page 265) says : " At one moment he was pretending to snore to indicate the state of peace that would follow the adoption of his measures, at another he was illustrating the condition to which the Xosas (Kaffirs) were reduced by browbeating a Kaffir from the eastern colonial frontier, and again he was bathed in tears and speechless with emotion when laying the foundation stone of a church." 2 The following letter had been sent by Pretorius to M. West, the Lieut.-Governor of Natal a few days before. It is dated Dongela (Tugela), Jan. 26th, 1848 : " Sir, I have vainly during almost two years, by words, as well as by letters, tried to dissuade you from the irrevocable evil which now threatens this land ; when I saw that you gave no hearing and that the evil was unavoidable ; I have not spared my body for a long journey, leaving my family behind unprotected in order to get better redress, but, alas ! alas ! here we are oppressed and hunted away. Sir Henry Pottinger would neither see nor hear us. I came back with an equally oppressed mind, but when I was still 50 or 60 hours on horseback from my relations, I received a report from my family that they were all flying — when I came nearer the village where my children were busy harvesting, I found there was a great body of Kaffirs assembled together who were to remain in readiness to afford quick assistance. When I look back at the treaty of which there is now so much spoken — that we were to be protected by savage murderers, by furious Kaffirs, whom we evidently see and who are our enemies, are we then to be protected by them — who have driven us from our valuable dwellings and oppressed and hunted us ? If this is to be the gracious protection which was promised to us, No ! rather the wilderness of South Africa. Sir, I cannot describe to your Honour or to the world all the miseries and privations in which you plunge us. I am only so free as to send your Honour these couple of lines to inform you that my farms and properties upon which you will not or cannot protect me, and for which I have sacrificed property and blood for myself, or for my posterity, will remain SCENES OF MISERY 117 therefore, he hurried from Winburg towards the Natal border. CHAP. The journey to the Tugela river, the first objective, was long In' and tedious. The rains had commenced and not a day passed without a continuous downpour. In places the two waggons sank almost up to the axles in mud. The descent of the Drakensberg into Natal, at all times dangerous, was still more so now in consequence of the slippery steeps. All the same, however, the bottom was reached without mishap and the journey was continued in a southerly direction. When about three miles from the Tugela, the Governor was met by Pretorius and a company of his followers. All then went to the large camp of Boers who had awaited his arrival. The scene he beheld in this camp, he admitted, was more than he could observe unmoved. There were sickly women, children of all ages cramped together in tents and waggons, not more than half-sheltered from the wet and about three or four hundred fathers of large families were assembled and shedding tears, when representing the position they were in : " These families," he said, " were exposed to a state of misery which I never before saw equalled, except in Massena's invasion of Portugal. The scene here was truly heart-rending. I assembled all the men near me, through the means of Mr. Pretorius, a shrewd, sensible man, who had recently been into the Colony to lay the subject of dissatisfaction of his countrymen before the Governor when he was unfortunately refused an audience, and returned after so long a journey, expressing himself as the feelings of a proud and injured man would naturally prompt." In the long consolatory talks and interviews with these people, he endeavoured to persuade them to return to the farms they had abandoned. But they were adamant in their determination to refuse to live under British rule. All desired to remain in Natal, but they considered it impossible to hold land or live on farms in consequence of the dangers to be apprehended from the vast numbers of Zulus who, escaping from the cruelty and tyranny of Panda, flocked lying without further expense, or till better days shall come for us poor African Boers than the present which are much too hard and too gloomy for us, but we can now wash our hands freely, for what can we now do more. A. W. J. Pretorius." 118 A PROCLAMATION CHAP, into the country and squatted on any place they pleased. Their chief grievance, among others, was the old Eastern Province story of want of protection and the insecurity of person and property. The regard and affection which they entertained for Sir Harry Smith himself did not extend to the Government he represented ; and rather than live again under that, they were prepared to encounter the dangers and uncertainties of moving further into the interior and to depend upon their own resources. In the course of his interview with Pretorius, Sir Harry brought up the question of British sovereignty over the country between the Orange and Vaal rivers and he pro duced the draft of a proclamation to that effect. This, he was prepared to publish albeit he had no evidence that four out of every five people were in favour of it. He was mistaken in thinking that the opinions and desires of the few who addressed him in Bloemfontein and Winburg were represen tative of the majority. In fact, had he given himself time and opportunity to realise clearly the change in the attitude of the people which had been brought about by the great events which had happened during his absence, he would have seen that Pretorius was about the last person from whom he might have expected encouragement in such a policy. As will yet be seen, Pretorius had, some weeks before this date, already commenced a movement in connection with trans-Orangia, which was of a very different character from that now proposed by the Governor. He assured the Governor. that he was mistaken in thinking that the majority of the people would be in favour of it and in order that evidence in one direction or the other might be forthcoming, he decided to visit the people living on the other side of the mountains and to obtain their views. He seems to have thought that the Governor promised to delay the publication until this evidence was obtained and if adverse, that it would not be published at all. Pretorius therefore commenced his journey. His activities and their results will be dealt with further on. He could not have gone very far when, on this day, February 3rd, 1848, Sir Harry Smith published the proclamation. " I do hereby proclaim, declare and make known," it states, " the sovereignty of Her Majesty the jlxiji UKANGE RIVER SOVEREIGNTY 119 Queen of England over the territories north of the Great CHAP. Orange river, including the countries of Moshesh, Moroko, IIL Molitsani, Sikonyela, Adam Kok, Gert Taaibosch and other minor chiefs, so far north as the Vaal river and east of the Drakensberg ; with no desire or inclination whatever on the part of Her Majesty to extend or increase her dominions, or to deprive the chiefs and their people of their hereditary rights . . . but with the sole view of establishing an amicable relationship with these chiefs, of upholding them in their hereditary rights and protecting them from any future aggressions. ... I hereby proclaim, that all the chiefs of the territories aforesaid are under the sovereignty of Her Majesty, as the paramount and exclusive authority in all international disputes, but that their authority over their own tribes shall be maintained as well as their own laws according to their customs and usages. . . . All Her Majesty's subjects within the territories aforesaid shall be governed by the laws, ordinances and proclamations framed for Her Majesty's Colony of the Cape of Good Hope." Then followed the Governor's decisions in connection with quit- rents, the appointment of officers to administer the govern ment, traders' licences and statements concerning the trial of criminals before judges in Colesberg and the establish ment of a fund for the erection of churches, the maintenance of clergy and the improvement of roads. The dominant tone of this proclamation was protection of the " hereditary rights of the chiefs." Had Sir Harry been pressed, he would probably have found it difficult to prove that some at all events, of the chiefs had more hereditary rights in the country than the Boers. Thus came into existence the ORANGE RIVER SOVEREIGNTY.1 This action did not meet with ' Earl Grey, having desired to be furnished with the opinions of the Attorney-General of the Colony on the legality and validity of this annexa tion — f or that in reality is what it was — received a long document from the Hon. W. Porter, dated March 14th, 1849. The following are the essential points in this connection : " His Excellency's commission, as High Commissioner, does not, I conceive, refer to any such measures as estab lishing Sovereignty. His commission as Governor of Cape Colony, con ferred of course no authority for creating a distinct settlement. As Commander-in-Chief, His Excellency might conquer British Kaffraria and hold the conquest for the Crown ; but as Commander-in-Chief he could exercise no such constructive authority in regard to the Orange River Territory. . . . Suppose that Moshesh or Moroko, on hearing of the Proclamation of February 3rd, had taken up arms to resist it, would 120 APPROVAL OF EARL GREY CHAP, theunqualifiedapprovalof the Home Government. Although Earl Grey, according to his despatch of June 2 ist, 1848, rejoiced to hear that the emigrant Boers beyond the Orange River were once more within the control of a regular govern ment and recognised in this case, that local circumstances necessitated a partial deviation from the policy of abstaining from any enlargement of British dominions in South Africa. He was ready to believe that the establishment of British they and their followers have, in law, been Traitors ? liable to be dealt with as such, by the common law of England ? I humbly conceive that they would not. No subject of the Crown, as it strikes my mind, can without the Queen's authority, expressed or implied, create by any act of his the duty of allegiance on the one side and the duty of protection on the other, between Her Majesty and any number of Aliens ... no British subject, without a commission or some similar authority, can make conquests for the Crown, or declare the Crown's Sovereignty over lands occupied by any Foreign people, whether civilized or savage, so as to carry even provisionally, the laws of England, or the legal character of English subjects to parties alien born. . . . British Colonies seem, in law, to be divisible into three classes, for Colonies by descent may be left out of the list : (1) Colonies by conquest, (2) Colonies acquired by cession, (3) Colonies acquired by settlement in unoccupied places. For Colonies acquired by conquest or by cession, the Crown possesses the power of Legislation. The Cape is one of these Colonies. For Colonies of the third class, Colonies by occupation, or Plantations in the stricter sense of the term, the Crown, as distinct from Parliament, cannot legislate. The Colonies are said to carry with them, as their birthright, the law of England, or more properly speaking, so much of it as may be deemed applicable to their state and condition. What further legislation they may chance to need must be done or delegated by Parliament ; and no law can be made for ruch a Colony by the Crown unless under the Authority of a Statute. New South Wales and its dependencies are colonies of this class. Is then the Orange River Sovereignty a Colony by conquest, by cession or by occu pation ? Conquest would appear to be out of the question. Cession appears to me to be just as inadmissible. There was nothing that purported to be a cession. There were no chiefs of such stamp and standing as it would be worthy of the British name to take a cession from, and there were no such chiefs, whom His Excellency could recognise as owning collectively the entire territory. Is then the Orange River Sovereignty a Colony by occupation ? At first sight, it scarcely seems to be so. There are within it chiefs with whom we have entered into treaties, recog nising, if not guaranteeing certain lands, and it seems absurd to say that those lands have been acquired by the occupancy of the very Emigrants whom we laboured to exclude from them. All this is true. But it is also true that British subjects have settled down in a country where the feeble natives, so far from being in a position to maintain their vague unsettled claims to vast tracts, could not defend their very kraals against those who have long ceased to view themselves as sojourners, and have for some time been the real masters of the land. As real powers, the native chiefs exist no longer. Everything that could be tried was tried by the British Govern ment to preserve their theoretical supremacy. When under such circum stances, and mainly foi the protection of those who cannot protect them selves, Sovereignty is asserted over these extended regions, it appears to me not to be unreasonable to call the Colony, so created, a Colony by occupancy. VIEWS OF PRIVY COUNCIL 121 authority in those parts had become indispensable, more CHAP. especially as Sir P. Maitland had been compelled to adopt a principle which tended in this direction. But he was anxious that the expense of the system should fall on the territory itself and not on the British Government. The expression of opinion of the Committee of the Privy Council in their report of July 13th, 1850, was much stronger. They were convinced that very serious dangers were insepar able from the recent extension of Her Majesty's dominions in South Africa. They feared that such a measure would indefinitely enlarge the demands on the revenue and the military force of the kingdom without attaining any object of national importance and at the same time hinder other objects in which the welfare of the nation at large was deeply involved. It was felt that unless an end were put to this expansive and expensive policy, it would be impossible to assign any limit to the growth of these unprofitable acquisitions. In advising reluctantly that the Orange River Sovereignty be added to Her Majesty's dominions in South Africa, they recommended that in future all officers who represent the Queen in South Africa be most explicitly interdicted from making any further addition, however small, to the existing dominions in the African continent or making any promise to that effect, and that the interdict be made so plain that Her Majesty's Government might be able to override any act or disappoint any such expectation without risking the imputation of any breach of public faith. We must now return to Sir Harry Smith whom we left in the Boer camp on the bank of the Tugela river in Natal. In consequence of the rains, that river was greatly swollen, the Governor therefore had to remain longer than he had intended. But by travelling a distance towards the source and with the aid of some of the farmers, " Government House " as his waggons were called, was got safely through the water and then the journey was continued to Pietermaritz burg. Some miles from the town, in spite of inclement weather, nearly all the inhabitants were on the road to meet and escort him. In the town itself there was the usual display of flags, emblems of welcome to the Hero of Aliwal, 122 ATTEMPTS TO SMOOTH DIFFICULTIES CHAP, addresses and every other demonstration of joy. Here on ' the ioth, he issued another very important proclamation. He had evidently been much impressed by what he had heard at the Tugela camp and saw clearly the reason for the Boer exodus from Natal. To stay this and as far as possible to meet the desires of the people and remove their chief grievance he proclaimed, on February ioth, that all who could show the least right to any land as an original settler, by purchase or otherwise, should be put in immediate possession of those lands and that tide deeds, so long delayed, should be issued at the earliest possible date. To effect this he appointed a Land Commission, consisting of Col. Boyes, D. Moodie, J. N. Boshof, A. W. J. Pretorius (who refused to serve) and Capt. Kyle, of the 45th, as Secretary. But still more important was his decision with regard to the natives. Those who had squatted or taken up positions on Boer lands were to be removed and distinct lines drawn between the different races — the very thing the Boers had asked for from the beginning — but now offered when it was too late. The Governor hoped that all those who were miserably located in the inhospitable Drakensberg, would move more into Natal where he would see that lands on the Tugela or Klip rivers were given to them. How different things might have been had Sir Henry Pottinger done his duty in adopting some such attitude as this when Pretorius took so much trouble to visit him. Remaining but a short time in Pietermaritzburg, he rode on to Durban, where, permitting only three hours of excitement and celebrations in his honour, he embarked on the steamer, Geyser, for East London. He reached that port the next evening and galloped straight away to King William's Town where he arrived only seventy-four hours after leaving Pietermaritzburg. He then moved on to Grahams town, and having held military and civil levees and received addresses in connection with the compensation for losses incurred during the Kaffir wars, he commenced the long overland journey back to Cape Town. His route was by Sidbury, Uitenhage, the Montague Pass, George, Riversdale, Swellendam, Caledon and P. L. Cloete's place at Sand Vlei. He received everywhere affectionate addresses of welcome WELCOME TO THE "GREAT PACIFICATOR" 123 and reached Government House on March ist. He is chap. described as arriving in Cape Town in a small waggon drawn IIL by six tired horses and sitting upon bag and baggage, looking more like the post-contractor bringing in the mails than His Excellency the Governor of the Colony. No one had ever previously passed over such a vast extent of country in so short a time. And in that meteoric flight, he had doubled the area of Her Majesty's dominion in South Africa and had done much, though not enough, to reconcile divergent racial feelings. The excitement in Cape Town on the return of the " Great Pacificator," as he was now called, was even greater than that on his arrival in December. Mr. John Fairbairn started a movement for the purpose of erecting an equestrian statue in his honour, but although appeals were made throughout the country, it did not materialize, as events soon happened which were to depose Sir Harry from the eminence he then held in the affections of all. Omnipotent and ubiquitous as was Sir Harry Smith, he could not efface immediately the destitution and the scarcity of food with its consequent stealing and other such after- results of the war. True it was that British Kaffraria was submissive and that virtue there was almost rampant. So satisfactory, for a time at least, were matters in those parts that the paramount chief Kreli voluntarily offered and actually collected .cattle 1 from his people, for the purpose of compensating the missionary and the British agent for the losses they had sustained at the beginning of the war. But it must be remembered that not only was that country under a kind of martial law and administered by the iron- heeled Col. Mackinnon, who had at his command adequate military force, but virtue was further encouraged by the periodical distribution of presents. Besides such useful articles as ploughs, spades, axes, cooking pots and crowbars, which were given to those who would use them, there were gaudy, multi-buttoned jackets for chiefs, garments of less beauty for the subordinates and attractive handkerchiefs and other pleasing British textile fabrics for the womenfolk. In the Colonial frontier districts, however, things were 1 These when sold at public auctions realized ^433 19s. od. 124 KAFFIR MARAUDERS AGAIN CHAP, different. To relieve the distress in Kaffirland, numbers of IIL Kaffirs were permitted to go into the Colony to seek employ ment. Others, without permission, who obviously were anxious to escape from the restraint of British Kaffraria — and perhaps driven forth by want — also crossed the border. Many quite soon found employment, but it was sheep and cattle stealing. And that not always without violence. In January, 1848, a British Settier farmer, John Stanley, who lived at a place called Grobbelaar's Kloof, about ten miles south-east of Grahamstown, was out with his waggon collecting wood in a bushy part of his farm. Suddenly, he was attacked with guns and assegais by ambushed Kaffirs, who, having murdered him and mutilated his dead body, decamped with the catfle. Such marauders made it dangerous, even for a military officer, to move about, unescorted, anywhere near the boundary of the Colony. A few weeks after the murder of Stanley, a Capt. Dawson, of the 45th, while riding alone from Fort White to Fort Cox was attacked and knob- kerried by Kaffirs. They spared his life, but robbed him of all he had, including his clothes. A few miles from Fort Beaufort there is a mountainous district known as the Blinkwater. Ensconced among the deep, bushy, and awesome glens of this wild part there was collected together, at this time, a number of Kaffirs and Hottentots of more than doubtful bad character. In a loose kind of way they acknowledged the chieftainship of the Kaffir named Hermanus (or Xogomesh),1 who had for years been a scourge to the district and a thorn in the side of the Government. In spite of the thunderings of Sir Harry Smith at King William's Town, not many miles away, and the martial control of Colonel Mackinnon, Hermanus and his people continued to make forays on the farms far and near and to carry on all the barbarous and immoral customs of the Gaikas. Dangerous though it was for any authority or official to approach this stronghold, yet Mr. T. H. Bowker, the magistrate of the Kat River, with a small party penetrated into it and made a complete inspection of * Vide further about the life of Hermanus, Vol. II, page 453, of this work. BASUTOS ACQUIRING ARMS 125 the place. He found there quite a township of huts and a CHAP. population consisting of 87 men, 122 women, and 208 IIL children. They had in their possession, 468 cattle, 20 horses and 187 sheep. It was quite clear that the place was a nest of thieves. It was eventually something worse, for, as will be seen further on, Hermanus concocted a conspiracy to aid the Kaffirs in attacking the Colony and collected together a band of rebel Hottentots, who undoubtedly would have done much damage had not Hermanus himself been provi dentially shot at the onset. In the meantime, however, he is biding his time while Sir Harry Smith is confident, as he told Earl Grey, that any further outbreak of war in Cape Colony is out of the question. Another indication that the conclusion of the late war was not to be the end of strife in South Africa and that seeds of further turmoil were, even at this early date, being sown was the accidental discovery of a clandestine supply of guns and ammunition to the Basutos. In May (1848) a Dutch farmer, D. J. van Tonder while travelling from Wolvefontein (in the Jansenville district) to Uitenhage met a party of about fifty natives all of whom had guns. Some of them were carrying upon their heads bundles of six or eight, wrapped in a blanket or kaross. Van Tonder learnt from these people that Moshesh was their chief and that they were on their way back to Basutoland. This matter having been brought to the notice of the civil commissioners of Uitenhage and Somerset East, some kind of watch was kept upon the movements of such natives. A party of Mantatees (Sikon- yela's people) was detained at Somerset East. They had in their possession, ten new guns, twelve pounds of gunpowder, twenty pounds of lead, flints and caps. From enquiries it was discovered that there was a regular system of natives going from Basutoland into the Colony for employment and having earned enough to buy a gun and as much ammunition as they wanted, to return to their own country. Nothing could be done, however, as the property had been honestly acquired and there was no disarmament law. And it would have been useless to point out to the shopkeepers of Uiten hage and Somerset East, who, according to the natives had supplied the guns, the nefarious character of the trade. 126 NEW "MILITIA LAW" A FAILURE CHAP. Thus the Basutos were gradually becoming armed and m' preparing themselves for the evil days they were to bring upon the Orange Free State. In this semi-settled state of the country, it was with some concern that the colonists, especially those in the Eastern Province, saw many of the regular troops being sent back to England. The late war had cost the British taxpayer well over a million and, so it was considered, the time for retrenchment had arrived. Between January 27th and April ist, 1848, 1,231 officers and men sailed from Cape Town. There were then left in the Colony, at this date, 4.703.1 In order to throw the onus of protecting the country more upon the inhabitants themselves, Sir Harry Smith attempted a movement which his former experience in the Colony must have told him would be a failure.2 It was to organise the burghers into an armed force on the principle of the Yeomanry of England. On December 24th, 1847, he issued a proclamation calling upon all able-bodied men to enrol themselves in their respective districts as defenders of their country. In order to ascertain what strength could be depended upon in case of need as well as for the purpose of inspecting arms and appointments, they were to be required to turn out annually for a period of four days, during which they would receive pay. The civil commissioners and field cornets certainly collected the names of their burghers, but the very large majority would have nothing to do with the militia movement. As in 1835, they refused to be drilled and inspected as soldiers ; they were willing they said to turn out in case of need, as they had always been, but they saw no use in this " militia law." Nothing came of it. There was, and had been, at that time, another scheme, which had for its object, not only that of protecting the Frontier and keeping the Kaffirs in check, but also that of providing for many of the soldiers who were then entitled to be discharged and taken back to England. On June 7th, 1 These were distributed as follows : Cape Town, 574 ; The Frontier, 1^158 ; British Kaffraria, 1,812 ; Bloemfontein, 54 ; Natal, 625. Note. — Nearly half the total number of troops in all South Africa were stationed in British Kaffraria. No wonder the Kaffirs in that part behaved themselves. ' Vide Volume III, page 22. OFFERS TO TIME-EXPIRED SOLDIERS 127 1847, that is before the war was ended, Sir G. Berkeley, on CHAP. the strength of a despatch which Sir H. Pottinger had in< received from Earl Grey, published an order authorising the retention in the Colony of men belonging to the 27th and ist battalion of the 91st regiments, who might prefer to remain and be given facilities for settling down to a farming life. The advantage to the British taxpayer would be the saving of the cost of the transport in repatriating the men, while the land which was to be allowed to them would cost the Government nothing. This, however, was no new scheme, for as far back as 1843 the Duke of Wellington had suggested the placing of discharged soldiers on lands or farms in distant British Colonies and enumerated the countries to which they might be sent, but Cape Colony was not mentioned. On December 24th, 1 847, very shortiy after his arrival, Sir Harry Smith, by a Government notice of this date, went further with this matter, which, probably on account of the continuance of the war, had been forgotten. He must undoubtedly have had in his mind at the same time the intention of establishing the Keiskamma-Tyumie boundary for the Colony. These ideas combined evolved that of military villages along the new and immediate frontier, and by the notice aforesaid he invited applications from retiring soldiers who might desire thus to establish them selves. By a further notice, issued from King William's Town on January ist, 1848, he detailed the tempting and alluring conditions which were to attract a compact cordon of men along a line to be for ever impervious to the thieving Kaffir. The attractions were, twelve acres of land to each settler ; the use of tents in the proportion of one to sixteen men until dwelling huts had been constructed ; free rations for them selves, wives and children for twelve months ; implements for the construction of the huts as well as for husbandry ; a plough with pair of oxen to each party of ten men and a waggon and full span of oxen for every twenty ; also a free supply of corn and garden seeds. To enable each settler to provide furniture for his hut, a payment of five pounds in two instalments was to be made. At the end of 128 MILITARY VILLAGES ON THE BORDER CHAP, seven years the land was to be the private property of the individual, who could then dispose of it as he chose. In return for all this, the settlement was to be regarded as strictly military, all men were to parade twelve days in the year and at all times were to be ready to come out in case of need, arms and ammunition were to be provided for this purpose. On all these occasions, the men would receive pay. And the first village, according to the notice, " shall be formed near the mission station,1 on the banks of the Tyumie, not far from Alice Town, and shall be called Woburn." As the border to be protected was many miles in length and some consideration was necessary in choosing the best strategetical spots, the Rev. H. Calderwood, the magistrate of Alice, made a tour of inspection through the newly- acquired territory, namely, the country between the Great Fish and Keiskamma rivers. Travelling from Fort Peddie in the south to the Lushington mountain in the north, he selected sixteen eligible spots. As the Gaikas were the people from whom trouble was most to be expected, it was finally decided to fix upon places near the Tyumie river, a continuation northward of the Keiskamma. In the early part of 1848, four military villages came into existence. Woburn was situated on the present main road from Alice to Seymour, then called Eland's Post, and about eight miles from Lovedale. Auckland was about twelve miles further on in the beautiful valley on the right and near the foot of the luxuriantly-wooded Hogg's Back mountain. Juanasberg (so named after Lady Juana Smith) was situated more towards Eland's Post and near the Lushington mountain, while Ely was about half-way, in a direct line, from Alice to Fort Beaufort. The natural features of these situations were all that could be desired. The scenery, though wild, was beautiful. The mountains were clothed with evergreen trees and foliage and down them in many places ran streams and cascades of cool, clear water. The soil in the lower land was fertile and, though bushy in parts, was covered with abundance of grass. In short, every natural prospect pleased and was 1 Obviously Lovedale. EARLY DAYS OF WOBORN 129 calculated to infuse in the most unenterprising, a determina- CHAP. tion to raise, in those wild parts, centres of industry and civilisation. Apart from the full accounts of the terrible tragedy of the extermination of these villages in 1850, there is but little on record concerning the details of their first establishment and subsequent history. That little has been handed down to us by Capt. Godfrey Armytage 1 of the 6th regiment, who was the first superintendent of Woburn. Most probably the course of events at Auckland, J uanasberg and Ely was much the same as at Woburn, so by learning what Capt. Armytage has to tell us of this settlement, we may form an opinion of all. Desirous of availing himself of the offers contained in the Government notices of December 24th and January ist, Capt. (then Lieut.) Armytage visited King William's Town on January 6th and had an interview with Sir Harry Smith. The result was his immediate appointment as superintendent of the Woburn to be. The next step was to select a site for this Woburn. To this end, accompanied by the Rev. H. Calderwood and Capt. Bates of the 45th regt., a land sur veyor, he moved up the valley then known as the Tyumie Hoek and at about eight miles from Lovedale, he became enamoured with the spot on which the old chief Tyali had had his Umzi or great place and where he died and was buried in 1842. There, with the concurrence of his companions, he decided upon the site for Woburn. It now remained to find a population for the spot. This was not far to seek. Those discharged soldiers who desired to become settlers were ordered to march to Fort Hare and to remain there until it was convenient to move them off to one or other of the new locations. On January 12th, Capt. Armytage went to that place and found 79 men ready to go forward with him. With a waggon and a very inadequate supply of spades and carpenter's tools and also a small supply of 1 The author has to express his indebtedness to Capt. Armytage, now some years deceased, for his kindness in answering many letters and affording information on the history of those times. Some accounts of the early days of Woburn were written by him shortly after he resigned his post — namely, in June or July of 1848. These were published by Mr. Dewey, in his paper the Alice Times. The author begs also to acknowledge the assistance he has received from this source. VOL. V 9 K 130 THE FATE OF WOBURN chap, seeds and potatoes for sowing, the body of men moved on IIL and in a few hours were upon the site of their supposed future homes. With light hearts and much enthusiasm, all set to work. Some went off to the distant mountain forests to cut poles, others cleared the bush from the site of the village, others again commenced to make sun-dried bricks and build houses while others cut tracks called roads* But on account of the non-arrival of the implements and seeds which had been promised, all this work was hampered and progress retarded. During weeks, the expected ploughs, oxen, waggons and other necessaries were looked for in vain. The incomplete surveys caused men to make gardens in the wrong places ; and, as was afterwards acknowledged, the success of the scheme was rendered all the more problem atical from the fact that unmarried soldiers were not the men who could be expected to settle down to the hum-drum life of farming. Enthusiasm commenced to wane. As if there had not been sufficient discouragement, the settlement, in common with all that part of the country, was visited by a tremendous rainstorm. For three days it poured in such torrents that the river rose thirty feet above its usual level and washed away everything in the low-lying ground, the primitive houses, stacks of sun-dried bricks and even the loose soil from the gardens, leaving bare in places the under lying rocks. The embryo town of Alice suffered in the same way. After the great storm many of the military settlers set to work to repair the damage which had been done ; but some lost heart and became idle, while others looked to the Colony for a more certain means of livelihood. Abandon ment of the settlement commenced. After the payment of the first instalment of five pounds, so Captain Armytage tells us, thirty men went off to seek fortunes in more civilised parts.1 By March, 1849, after the free rations were stopped, the numbers in Woburn had dwindled to 24 and at the time of the great tragedy, there were only 1 5, all of whom were murdered. Woburn then ceased to be. Even in the first few weeks of the settlement, coming events were casting 1 According to a Government return, the following are the numbers of individuals in the different villages on June 13th, 1848 : Woburn, 71 men. Auckland, 63 men, 12 women, 42 children. Juanasberg, 71 men, 2 women, 2 children. Ely, 44 men, 3 women, and 11 children. TYALFS GRAVE 131 their shadows before them. Notwithstanding that all Kaffirs CHAP. were supposed to be in their own country and living peaceably under the new regime, yet many hovered about Woburn and were something more than a nuisance. They trespassed with their cattle on the new gardens and stole anything they could lay their hands upon, and, apparently with marked disapproval, they viewed the work which was in progress. That mischief was being meditated was clear to Capt. Armytage during the time he was building a more sub stantial house on higher ground. He had in his employ a Kaffir, whom he named " Johnnie " who proved to be quite a faithful servant and with whom he became quite friendly. One day Johnnie, communicatively disposed, asked : " Master, whatever are you going to build this house for, are there not enough already for the Kaffirs to burn down ? " Capt. Armytage in reply asked, " When will this burning begin ? " Johnnie counted on his fingers the number of moons which would pass and making the time three clear harvests, said, " The Kaffirs will carry out what they in tended when they made peace, they are filling their powder horns already," euphemistic for the supply of guns and ammunition they were probably getting from the Colony. One very important matter must be noted here. The reason which has often been given for the hostility of the Kaffirs against the setders of Woburn was the desecration by them of the grave of the chief Tyali. It has already been mentioned that that chief was buried there in 1842. The grave was on a piece of land which adjoined that allotted to Capt. Armytage. The accusation fortunately was made during the first six months of the settlement and when, Sir Harry Smith having reported the alleged offence to Capt. Armytage, an investigation could take place, Capt. Armytage reported that the statement was absolutely untrue and that the settlers were entirely innocent. He knew the grave ; it was merely the remains of an old kraal partly grown over with the wild castor oil plant and showed no further disturbance than was to be expected by the frequent wandering over it of the cattle — belonging to the Kaffirs themselves. Beyond that, during his time, there was no change in the state of the grave. It may, of course, have been interfered with after he left, 132 ENLISTMENT OF KAFFIR POLICE CHAP, but the important point is that when the accusation was L made there was not the slightest reason for believing that there was any truth in it. After about six months, Capt. Armytage had had enough of Woburn. He then resigned and rejoined his regiment and a Capt. Stacey took his place. The people of Auckland seem to have been more settled than those of Woburn. This may have been accounted for by the fact that there were, at that place, twelve women and forty-two children ; and further being higher up the valley, it did not suffer so badly from the overflow of the river. Still, those who remained to be killed at the end of 1850, formed but a small proportion of those who were there in the first place. Taken as a whole, therefore, the establish ment of the military villages as a defensive measure was a failure, for, as the insolence and daring intrusion of the Kaffirs increased, the numbers of the settlers decreased. The uselessness of these villages for the purpose of frontier defence and the suppression of Kaffir misdeeds was more than counterbalanced by an adjunct to the military forces which had arisen from quite an unexpected source. Perhaps on the principle of setting a thief to catch a thief, there was organised a most efficient police force from the Kaffirs themselves. In January, 1847, when Sir Peregrine Maitland con sidered the war had come to an end and when therefore, he had allowed the burghers to return to their homes and had withdrawn many of the troops from Kaffirland and the frontier, he bethought him of substituting for these, in some measure, the enrolment of a hundred trustworthy Kaffirs as a permanent police force. Sir Henry Pottinger who at this time succeeded Sir Peregrine, approved of the scheme and instructed a Lieut. D. Davies of the 90th regt. to commence the experiment by enlisting, equipping and arming fifty Kaffirs. The headquarters were near Mr. Calderwood's office in the embryo village of Alice. This placing of arms and ammunition in the hands of natives was looked upon by the Colonists with the gravest concern, albeit some of themselves had carried on an illicit gun traffic and put the guns into their hands. The Governor himself must have shared in this concern, for in the instruc- THEIR CONTINUED USEFULNESS 133 tions to Lieut. Davies, in March, he advised the greatest CHAP. caution in the selection of the men. It had been reported to him, so he said, that the most disaffected and hostile chiefs were endeavouring to get some of their followers enrolled so that they might be armed and then desert. The first fifty natives behaved themselves so well and gave such promise of usefulness that Sir Henry Pottinger increased the number to two hundred. They were put into uniforms, equipped and armed and then formed what was called the ist division of the Kaffir police. Lieut. Davies taught them everything and, without disgusting them or shocking their prejudices, raised them from a state of barbarism unac quainted with the simplest forms of good order and sub ordination into disciplined and efficient servants. They paraded, patrolled, scoured bush and kloof and, with their activity, local knowledge and courage, they made themselves a terror to the evildoers among their own kinsmen. The complete success of the experiment induced Sir Henry Pottinger to organise a further two hundred natives into the 2nd division of the Kaffir police. It was placed under a Capt. C. Mostyn Owen and had its headquarters at King William's Town. When Sir Harry Smith, shortly after his arrival, sent away so many of the regular troops, he likewise found the Kaffir police of much use. This they continued to be until the great convulsion of 1850, when they all deserted and rebelled. The account of this will appear in its proper place. CHAPTER IV THE SOVEREIGNTY REBELLION CHAP. SIR HARRY SMITH greatly misunderstood the disposition of IV- A. W. J. Pretorius, when he met him at the foot of the Drakensberg in February. Undoubtedly with genuine sympathy for the miserable plight in which he found those homeless Boers, he desired to bring about such a change in their affairs as should give them the security for life and property and the peace which they so greatly desired. It is evident that he regarded Pretorius as the man who might be relied upon to assist him in bringing about this happier state of affairs, and for that reason he nominated him to the Land Commission which was to resettie these people in Natal. As has been seen, Pretorius left the camp, ostensibly to learn whether four-fifths of the people in the present Orange Free State were in favour of British sovereignty being declared over that country. Whether they were or not, Pretorius's own real object in the expedition was of a very different character. It was to urge on a movement which he had already commenced and from which the suavity of the Governor had in no measure turned him, but one which, in the course of a few months, was to end in bloodshed. Chagrined and angry at the repulse he had received from Sir H. Pottinger and the injustice he alleged against Mr. Shepstone and the Lieut.-Governor in Natal, he determined to establish in extra-colonial territory a people who should be free from the domination of the British Government. On his return journey from Grahamstown, he must have commenced his propaganda, for, in December, 1847, the Baralong chief Moroko at Thaba-Nchu, reported to Major Warden at Bloemfontein that Pretorius had created some agitation in the country by holding seditious meetings and that some pretended friendly Boers had told him that he would soon have to declare openly whether he was on their 134 A. W. J. Pretorius PRETORIOUS UNSUCCESSFUL WITH PANDA 135 side or on that of the English. In furtherance of his scheme, CHAP. Pretorius had hoped to be assisted by the Zulus. He met, IV' however, with but little encouragement from this source. On December 17th, he called on a petty chief, Zikali, who lived at the foot of the Drakensberg. According to the chief's account, Galonkulu (the Zulu name for Pretorius), having endeavoured to frighten him by telling him that Panda was sending an army into Natal to arrest deserters, said that the Boers were going to fight the English and that he must decide on which side he would be. " I shall stay at home," said Zikali. " I do not understand fighting with white men." He seems to have kept his word. No more successful was his interview with Panda. By the aid of a friendly Zulu who managed to be present, D. Toohey, one of the British settlers in Natal, elicited the information that after Pretorius had put the usual question, Panda answered that he " Konzered " the English as his father Chaka had done before him — that is he acknowledged fealty to the English. " I am the Englishman's friend," said he, " and the English are my friends." All this took place before Sir Harry Smith met Pretorius at the Tugela in February. Pretorius therefore was scarcely the man to induce the Boers to accept the provisions of the Proclamation of February 3rd. That he was not, was soon evident. For on the 7th of February, barely a week after leaving the Tugela, he addressed a meeting at the place of one du Plessis near Winburg. There were present about 240 people, among whom were W. Jacobs, who was to play an important part in the coming troubles, Jan Kock, A. Spies and others of the Klip River people. The meeting having been opened with prayer, Pretorius gave a long address in which he detailed their sufferings and their endeavours to find a country where they might rest in peace and if need be, adopt their own measures for protecting themselves against the damages always to be apprehended from the proximity to depredatory native races. According to G. H. Meyer, who was present at the meeting and who wrote an account x of it to Sir Harry 1 Vide letter in Sovereignty papers. Volume CO. 1,119 in the Cape Archives. 136 ATTEMPT TO FOUND A NEW STATE CHAP. Smith on February 1 7th, Pretorius must have misrepresented, somewhat, the state of affairs. He told the Assembly that His Excellency had declared null and void all he had done at Winburg and that if it should appear that there were more people in the country than the Government desires to have, they might become an independent state. Two resolutions were put to the meeting and carried. The first was to the effect that the country from the Orange river to Ohrigstad shall be taken by them and declared to be a distinct state and that in the event of the British Government interfering to prevent this, that they oppose such interference by force of arms, and that for this purpose A. W. J. Pretorius be appointed Commandant-General and Jan Kock, second in command. W. J. Jacobs then proposed, that all persons favourable to the British Government should be brought before his court1 and punished by fine, even with death and confiscation of property if they refuse to give up their adherence to the British Government and take the oath of allegiance to their own ; that all who are called on in this war and hesitate or decline to attend should be punished with death. It would appear, however, that the meeting was not unanimous, in fact, all through these troublous times, as well as others subsequently, there was a want of unanimity — division of opinion and aim — which thinned their ranks and led to failure. W. Jacobs was appointed Landdrost of Winburg in October, 1847. As the office had been vacant since June, 1846, the people from Lower Sand river met in Winburg on August 5th, 1847, and elected G. H. Meyer. He, anxious to avoid any appearance of rebellious conduct, as well as to make the matter more generally known, postponed further proceedings until September 17th, and in the meantime he sent a memorial, signed by seventy people, to Sir Henry Pottinger, asking him to approve of the appointment. It is not clear whether he ever received any answer. But certain it is, that before he did so, W. Jacobs, with a large party of Jan Kock's people appeared at Winburg to oppose the election of Meyer. In violent speeches all those who, ¦ He was Landdrost of Winburg at this time. JEALOUSY AND DISTRUST 137 like Meyer, had shown themselves well affected towards the CHAP. British Government were threatened with all sorts of dire IV' calamities.1 " He who hath lent a hand under the cursed arm of the British Government to drag it into this part of the country," said Jacobs, " what is to be done with him ? Apprehended and sent out of the country." From Winburg, Pretorius moved on to the Mooi river (Potchefstroom), where on the 21st, we find him holding another stirring meeting. About seventy people were present. Among them was J. McCabe, one of the early Ngami travellers, who, at the request of Pretorius, translated into Dutch the proclama tion of February 3rd, and from whose deposition before Major Warden the account of this meeting is drawn. According to this, Pretorius read a portion of the Proclama tion, then stopped suddenly and gave a distorted version of the remainder. The gist of his speech was, that he had held meetings at the Drakensberg, in the vicinity of Winburg and at the Valsch river and that now he had come to the Mooi river (Potchefstroom) to see what he could do with those people. He wished them all to be united in order that the Government may be prevented from taking the country. " I have not yet even given up Natal," he said. " I want to know whether I can rely upon your assistance, if I wish to retake it." Referring to the Militia proclamation, he asked them whether they desired to become soldiers. From every throat a loud " No " went forth. The unanimity of the meeting however was somewhat disturbed when the Mooi river people expressed their determination to refuse to ac knowledge Pretorius as Commandant-General. They wished Potgieter to occupy that position. In reply to their objection, Pretorius said that he had been chosen at all other places and that if they left the whole matter in his hands, he would settle it with the British Government without fighting. Thus, early in these proceedings, as in the days of the trek, jealousy and distrust of their leaders made itself apparent and militated against the end in view ; not that, in this case, had there been among them the co-operation which was so 1 Die de hand geleend heef onder de vervloekte arm van het Brittishe Gouvernment de die hier in te slepen wat met die gedaan, opvangen en de land uit stuuren. 138 FAILURE OF THE SOVEREIGNTY SETTLEMENT CHAP, needful, could the final result have been anything than what IV' it was. Even Jan Kock, who for years had been so bitter against the British Government, now refused to take arms against it. Pretorius, in dudgeon at this treatment, retired for a time to his farm at the Magaliesberg, but, as will be seen, when circumstances called for his activities, he was again in the open endeavouring to bend all to his will and, in the end, resorting to the extreme of bloodshed. Public opinion was divided on the matter of the declara tion of the Sovereignty. There were many who approved of it and saw in it the prospect of a more settled state of affairs. But of these, some were swayed by the false repre sentations or frightened by the threats of Pretorius and his followers to oppose it, while many others defiantly refused to do or say anything against the Government. The excite ment and disorder increased. Some of the Boers living between the Vet and Modder rivers were anxious to part with their farms in those parts and to move over the Vaal in order to be out of the control of the British Government. Piet Erasmus, an influential man among them, told Major Warden that he had read to his people the proclamation of February 3rd, and that it had given great dissatisfaction. They objected to the quit-rents, more especially as some of the money had to be paid to Adam Kok. He (Erasmus) was sure the people would never submit. Thus matters were going from bad to worse. It must have been something of a disappointment to Sir Harry Smith when, on his arrival in Cape Town after his long tour, he discovered that his supposed settlement of Sovereignty matters was, to a large extent, a failure. Before taking any drastic action against those who were opposing him, he endeavoured to show his paternal solicitude for these people, by issuing, on March 29th, his famous manifesto. It was a lengthy and extraordinary document, one dictated by the outpourings of the kindness of the heart of the author, of whom it was so characteristic. " Whereas," it began, " some evil-minded persons, prone to wickedness, to mischief and to evil ways, have been in the Territory beyond the Orange River, over which I have proclaimed the Sovereignty of Her Majesty, have been calling meetings to A CHARACTERISTIC PROCLAMATION 139 pervert the true spirit and meaning of my Proclamations of CHAP. the 3rd and ioth of February ; and have been assuming the I characters of my Agents to gain the will of the people for the purposes of wicked excitement and have been showing my signature to the Proclamation of the 3rd of February, professing it to be a document containing far different senti ments from the reality ; — I deem it my duty to publish an explanation of the motives which have induced me to establish a Government over deluded, disappointed and dissatisfied men, who have expatriated themselves from the Land of their Fathers — from the homes which reared them — and from their relations and friends." Then reminding them of the bonds of affection which had long existed between them and himself, and their combined action against the common enemy in 1835, he proceeds : "I was invited from within the Colony and from beyond the Orange River to see the condition of these, my friends, and to devise some measures to bring them back to social comforts, to harmony and confidence in one another, to their church and to their neglected God, who teaches us to gather together in prayer and thankfulness to them." He then recapitulated his doings on their behalf since his arrival in the Colony and laid stress on the miserable plight in which he found " my old friends who had invited Col. Smith to see their condition." " I told one of the party," he continued, " a leading part of what I proposed to do. He begged me to delay issuing the Proclamation until some meetings in contemplation should have taken place. I said : ' Very well, I shall not do it until I have seen your great guide.' Upon my seeing him, he urged upon me to issue it, promised to explain that he recommended it, as it would strengthen his hands to induce all to a system of rule ; the equity of the Land Question was such, it carried conviction with it. If he did so, he has acted up to his word ; if he did not, he has deceived both you and me." Sir Harry Smith then compared their condi tion as paupers receding from the Faith and the Holy Gospel with that of those living under a free and just Government, who could sell their wool, corn and valuable cattle and go to church on Sundays " with their elegant spans of horses and waggons." " I shall now proceed," he con- 140 WARNING TO THE DISAFFECTED CHAP, tinued, " to lay before you and the world the motives which IV' have actuated me, comprised in two words, your benefit. You have called on me to assist you, I have done so, vide my Proclamations of February 3rd and March 8th,1 in which last, I have endeavoured, clearly, distinctly and un equivocally, to set forth the Government calculated to render you, what you are not now — happy. The ill-disposed have endeavoured to pervert facts — to startle the credulous — to alarm the timid — and to excite all to aid their own restless and uncontrollable disposition." ..." Pause then, I pray you, my friends, ere you allow wicked agitators to excite you to permit your well-disposed minds to drive peace, happiness and comforts, now within your grasp, from your doors." ..." When at Winburg, on the presentation of an address, I was asked for soldiers, I exclaimed, ' Soldiers ! You around me are my soldiers,' meaning that peaceable citizens are their own soldiers and require no military aid whatever. This expression has been perverted, and you have been taught to believe, not thinking for the moment, that I am to make you all soldiers." ..." Now, my friends, my half-lost friends and wavering Christians, I have ad dressed you as Colonel Smith, I have appealed to your feelings as men, as fathers of families, as reasoning human beings possessing immortal souls. I now turn from Colonel Smith to the Governor of the Colony, and I PROCLAIM TO You, that I will carry out, or die in the attempt, the provisions of the Proclamations I have framed for your exclusive benefit and by your desire, and the factious demagogue shall tremble at that name which he even now respects. . . . Do not suppose that I have stripped myself of the means by sending home the troops. I tell you, and I tell you truly and honestly, I hold in readiness a force of guns, cavalry and tried British soldiers, who in fifteen days should be among you, men capable of causing stouter hearts than yours to quail. Do you talk of resistance and assemblages ? You whom two years ago a few dragoons rode over like sheep. Do you presume to imagine that you are able to do what no mass of demagogues has ever yet done ? The undisciplined to resist and successfully maintain a protracted resistance 1 Vide further on EFFECT OF THE MANIFESTO 141 against the disciplined force of a regular Government ? CHAP. But oh ! how I hate and detest the name of war and com- IV" motion ! The many battle scenes I have witnessed arise like phantoms to my imagination. But as I abhor war, so will I terribly wield its power if you drive me from your affection. If you compel me to wield the fatal sword, after all I have attempted for you, the crime be upon your heads, and while my troops shall exult in Victory, I will weep, as you have seen me do, over the fallen — the defeated, the deluded, and your faithful, your generous friend turned into the Avenger of Evil. Aid me, as I desire you, to preserve the most virtuous feelings in this worldly and uncertain trial of Life. And as in generous and uncorrupted minds the superiority of Religion carries us through the calamities of this transient life, let us together pray." Here follows the prayer he wrote for the occasion. Hundreds of printed copies of this manifesto were distributed all over the Sovereignty. Its effect upon the people was twofold. It gave to those who were well disposed to the British Government, greater confidence and courage to oppose the faction led by Pretorius, as well as to the wavering, all that was necessary to cause them to do like wise. J. T. Snyman, for instance, wrote to Pretorius from Nooit Gedacht on April 20th, telling him that six meetings had been held in the Caledon River district and that about two hundred people had instructed him to say that they were satisfied with the Government and declared their unfeigned allegiance to the Queen. " And those who have been led away by your community (maatschappy) let you know that they have been misled and deceived and now totally with draw themselves from your maatschappy." To the Governor himself, among others, Snyman and Jan Hendrik Cloete, on behalf of the people of the Lower Reit river, wrote con firming their adherence to the British Government. Even Jan Kock and his party seem to have separated from Pretorius. But those whose hatred of the British name was too deep, seem to have been only hardened in their purpose by the manifesto. The view of Pretorius was that Sir Harry Smith had not kept his word — had in fact broken his faith with him. The land surveyor, Mr. Rex, met Pretorius 142 ORGANISATION OF THE SOVEREIGNTY CHAP, with about fifty people at the Sand River on April 20th. IV" On receiving a copy of the manifesto, Pretorius said that he was very surprised to see the proclamation of February 3rd, as Sir Harry Smith had promised that in the event of four- fifths of the Boers wishing to remain independent, British jurisdiction would not be extended over them — yet the Sovereignty had been proclaimed before there had been any time or opportunity to make the necessary inquiries. For a time, however, the ferment seems to have subsided and the country to have become inordinately quiet. But this was because Sovereignty was, so far, only a matter of name. There was no other outward and visible sign of British authority than the British Resident, Major Warden at Bloemfontein, and he had been there long before any of this trouble began. When, however, new magistrates from the Colony made their appearance and when it was evident that the new regime was about to commence the volcanic eruption again burst forth. The outlines of the system of the new Government for the Sovereignty, promulgated by the proclamation of March 8th, 1848, were, as might be expected from Sir Harry Smith, characterised by benevolence and a desire to go to the last extreme to satisfy the people, short of course, of permitting them to remain outside British control. The management of the infant state was to be as simple and as unshackled by legal technicalities and subtleties as possible. Consistency, plain dealing, and honesty of purpose were to guide those who were placed in authority ; no man's opinion was to be treated with contempt — perhaps in deference to Dutch sentiment, " No person of colour was ever to be employed in conveying summonses or in the execution of any point of law and, generally, a policy of good order and conciliation was to be adopted." To carry all this into effect, the country was divided into three districts, Bloemfontein, Winburg and Caledon River, each with its own magistrate and modest staff of one clerk and two constables. Major Warden remained at Bloem fontein and became chief magistrate, answerable only to the Governor in Cape Town. For each of the three districts a Land Commission was appointed, consisting of the Magis trate, two land surveyors and one burgher chosen by the Bloemfontein in 1851 From picture in Town Hall, Bloemfontein By permission. MAGISTRATES APPOINTED I43 people themselves. To these bodies were assigned such CHAP. duties as the inspection and registration of farms, the assess- IV' ment of the quit-rents, which varied from £2 to £8 per annum, the taking of the census, and the investigation of complaints which the natives made in connection with the lands and similar matters. The burghers themselves were given to understand that now they held the lands in perpetuity from the Queen and not, as heretofore, on a tenure of forty years from native chiefs. It was, however, a mild form of military tenure, but no further than that all able-bodied men were expected to turn out, equipped and armed, in defence of the country in time of need or danger. This they had always done, but ordering it by proclamation sounded in their ears as being enlisted as regular soldiers. It was estimated that the revenue from quit-rents would be any thing from £5,000 to £10,000 per annum, and that the cost of the Government would be £4,344, thus a good balance would be left for the building and maintenance of churches, schools and all else for the exclusive benefit of the people. This simple administration however, was merely a temporary expedient and a preliminary to the introduction of a necessarily more complex system of government which was inaugurated by a proclamation bearing date May 14th, 1849.1 The magistrates who were appointed to two of the new districts were, for Winburg, Mr. T. J. Biddulph, who had managed and reported so unfavourably on the Kat River settlement, and for the Caledon River district, Mr. J. O'Reilly, late magistrate of Somerset East. Mr. Biddulph arrived in Winburg on May 22nd. It must at that time, have been the tiniest of dorps, for Mr. Biddulph tells us that besides himself and his clerk, Mr. George Dyason, the only inhabitants were the families of a F. Schnehage, Jury Wessels, Klaas Wessels and a schoolmaster who had no school. It was however, the metropolis for a district consisting of five hundred and sixty farms. Mr. O'Reilly was even worse off, for there was no town or dorp of any 1 Vide Correspondence with the Governor of the Cape of Good Hope relative to the assumption of Sovereignty over the territory between the Orange and Vaal rivers. May 19, 1851. 144 THE BIRTH OF SMITHFIELD CHAP, description in the Caledon River district. He had therefore, IV' to select the site for one. At a place called Waterval, about forty-five minutes' ride from the Caledon river and half-way between the Bethulie and Bethesda mission stations, there were some comparatively substantial buildings belonging to Messrs. F. and H. Halse. The acquisition of these together with the farm of 4,000 morgen seemed to Mr. O'Reilly to be a solution of the problem of housing a magis tracy and deciding upon the site for a township with com monage. An agreement therefore was made with the Halses, whereby they should surrender all this property to the Government together with a sum of £500 towards the cost of erecting a church. In return they were to have the right to sell the erven (town building lots) and, of course, keep the proceeds. The bargain was clinched and nothing more was wanting to these preliminary arrangements than a name for the embryo township. Smith's Town and Smith's Dorp were proposed, but SMITHFIELD was eventually chosen. Mr. O'Reilly's selection of this site did not meet with the approval of either Mr. F. Rex, the land surveyor, or Major Warden, nor with that of the surrounding farmers, who refused to attend a church which should be built there. In their estimation, there was a more eligible site at a place called Riet Poort, about ten miles to the north-east, where there was abundance of wood and water, a pretty part of the country, a fertile soil and, in short, where every prospect pleased. In May, 1849 the change was made, and there was published the following notice : " To meet the wishes of the Inhabitants of the Caledon River, His Excellency the High Commissioner has been pleased to sanction the pur chase of the farm Riet Poort, for the purpose of establishing a New Town, and which will be the seat of the Magistrate and church place of the district. The Government Surveyor, F. Rex esquire will immediately proceed to Riet Poort and lay out the town and the sale of erven will take place by auction on August 15th." Thus the Smithfield of to-day came into existence. But Smithfield was not to be born without anguish and apprehension for its infancy and growth. Even before the lands were surveyed the right of its existence was disputed MOSHESH INSULTS THE GOVERNMENT 145 by the natives — the Basutos of Moshesh. In June, 1849, CHAP. when the surveyor with the Land Commission was engaged IV' in marking off the boundary of its commonage and an adjacent farm, a party of sixteen natives, mounted and armed with knobkerries, galloped up and demanded to know what they were doing. When told that the land was being inspected and beaconed by the command of the High Commissioner, they asked, most insolently, whether it was also by the command of Moshesh. They stated that they were Moshesh's mouthpiece and forbade the Land Com mission to proceed with the work. In further demonstration of their authority, they destroyed the beacons which had already been set up and scattered the stones about the veld. The civil commissioner asked whether this insult was directed against him personally or whether it was in defiance of the Government. They answered : " It is Moshesh who insults the Government." The work was then stopped. This was the beginning of the boundary troubles, the accounts of which fill so many pages of the Basutoland Records, and which were partly the cause, at later dates, of the wars between the Orange Free State and the Basutos. When Mr. Biddulph arrived at Winburg he found public sentiment against him. It should be stated that there was already at that place an official called the landdrost, who had been appointed by the people before the Sovereignty was proclaimed. It is scarcely surprising therefore that this official, Mr. W. Jacobs, should have resented the intrusion of Mr. Biddulph, ceremonious as it was, or that his friends should have sympathised with him. Nor is it less surprising that Mr. Jacobs, considering the support he knew he would receive from Pretorius, not only defied the new magistrate, but, as will be seen, actually drove him out. At the farm of one Vermeulen about a hundred and twenty Boers under the presidency of Mr. Jacobs met to consider the situation and to determine upon the action to be taken. As it was felt that the guiding hand and superior wisdom of Pretotius was necessary to this end, Mr. Jacobs rode off to the Mooi river, and having interviewed his great leader, was able to return and to send to Mr. Biddulph the following letter, signed by himself as landdrost and as heemraden, A. Cronje, vol. v 10 L 146 FLIGHT OF MR. BIDDULPH CHAP. G. P. Brits, P. M. Bester and F. J. Bezuidenhout : " To the IV' magistrate who has arrived at Winburg, it is hereby made known, in the name of the United public, according to a memorial already forwarded to the Governor, that we shall not acknowledge you as magistrate on any account whatever, we remain in the name of the Public." Mr. Biddulph took no notice of this, but he could not ignore the fact that there was a general tendency to hold aloof from him and to show a fixed determination to refuse to acknowledge the British Government. Otherwise, for a time, all was quiet. But this was only a calm that precedes a storm. Mr. Biddulph came to hear that a large meeting of Boers had been held at the place of one van Coller, near the Sand River, and that it had been decided to remove him by force. At midnight on the 23rd (June), he was awakened by a friendly messenger informing him that a party of armed Boers was then on its way to Winburg. In a very short time he was up on horse back and galloping to Major Warden at Bloemfontein for protection. In the early morning, the Boers rode into the village with Jacobs at their head and off-saddled at the small house which was used as Court House. They remained there about two hours during which time Mr. Jacobs trans acted the business which devolved on him as landdrost, including the performance of some marriages ; they then up-saddled and dispersed in three different directions. Mr. G. Dyason, Mr. Biddulph's clerk was ignored. Probably nothing worse than that would have happened to Mr. Biddulph had he remained. Almost immediately on his arrival in Bloemfontein, Major Warden sent him back, accompanied by a small party of the Cape Corps for his protection. The country was in a most unsettled state. Pretorius was taking the lead of affairs and moving from place to place, compelling all men to take arms, whether they would or not. A great many of Potgieter's men from the Mooi River were with him, thus he had at his command a large force, one easily able to overcome any resistance which might be offered by the Government authorities then in the country. Under these circumstances, such matters as the inspection of farms and the granting of land commission MAJOR WARDEN'S ADVENTURE 147 certificates were out of the question. In connection with these, CHAP. Mr. Biddulph issued a notice calling a meeting of farmers IV' for July 1 2th. Pretorius in order to counteract this, called a meeting of armed farmers for the nth, for he was determined to resist by force any attempt by Government either to interfere with the land or to exercise any magisterial authority. Information concerning some of his movements came to Mr. Biddulph through a certain Michael Quigley, a deserter from the 45th regiment. It should be mentioned that there were several deserters from the different regiments, taking refuge in those northern regions. At this time a free pardon was offered to any who would rejoin their colours. Quigley, anxious to communicate the good news to many of his companions at the Mooi River, was journeying in that direction when he was commandeered by Pretorius and compelled to join his force. He (Quigley) however, on the back of his pardon certificate, managed to write some account of what he was witnessing and gave the paper to a comrade who succeeded in taking it to Winburg. Major Warden, with Mr. Rex, was at that time away from Bloemfontein, visiting the farms between the Modder River and Winburg. Hearing rumours of the movements of the hostile Boer patrols, he felt it expedient to return and for his safety he had sent to him a party of the Cape Corps to escort him back to Bloemfontein. Late in the afternoon of July 1 3th, when about six miles from that place, and riding some two miles ahead of his escort, accompanied by Mr. Rex and Mr. Biddulph, who for a second time had vacated Winburg, he saw in the distance a party of twenty- five armed Boers galloping towards him, obviously with the intention of intercepting him at the Rhenoster Spruit. The major galloped back to his escort with the Boers in wild pursuit. The soldiers, grasping the situation, stood at the ready with guns cocked. The Boers halted and shouted to the men not to fire. Major Warden shouted the same order to the enemy and asked for a parley ; thus the parties came to a standstill. Major Warden and Mr. Rex then rode up to them to hear what they had to say. Their leader, one Adriaan Stander, had from Pretorius a written statement to the effect that the Major was to be taken prisoner and 148 AN INTERVIEW WITH PRETORIUS CHAP, marched to the Boer camp. Major Warden declared that he would rather die on the spot than permit it. As the inter view was becoming more and more violent and each side was anxious not to be the first to fire a shot, Mr. Rex, who must have been interpreting, as Major Warden did not understand Dutch, offered to go to the Dutch camp and meet Pretorius on behalf of Major Warden, adding, by way of excuse for the Major, that his military rank did not permit him to take this course. To this Stander agreed. So the meeting ended without bloodshed and with the freedom of Major Warden, which would not have been the case had the Cape Corps not been there. At a spot on the Modder river, about twenty miles from Bloemfontein, the Boers had their large camp. At that place, in due course, Mr. Rex presented himself. He was placed under a strong guard and kept a prisoner until the arrival of Pretorius who was on his way from Winburg. After thirty-six hours of durance vile, Mr. Rex saw the Comman dant-General arrive with an escort of two hundred armed men. A short and inane interview took place. Pretorius asked whether Major Warden had sent any message to him. In reply, Mr. Rex said no, that he had merely come in accordance with his promise and that he was willing to act as intermediary between the two parties. That business concluded, Mr. Rex was conducted back to Bloemfontein. He was provided with an ox-waggon and inside with the companionship of a Boer who sat near him with a loaded gun, and, outside, with the honour of an escort of twenty others, mounted and armed. When on the outskirt of the town — or village — part of the escort marched to the fort * to interview Major Warden, but as there was a difficulty in finding an interpreter, Mr. Rex gained his liberty. Pretorius, with a force of five hundred men, entered Winburg on July 12th, thus the second hasty retreat of Mr. 1 The mention of a fort at this date (July, 1848) is interesting as that was before Sir Harry Smith commenced the Queen s Fort, which is still standing. The fort referred to here is " Fort Drury, which was situated on the hill at the end of Fountain Street, at the back of the Government buildings and over the Bloem fontein — the spring which gives its name to the town. BOER CAMP NEAR BLOEMFONTEIN 149 Biddulph is accounted for. His first procedure seems to CHAP. have been the issue of the following public notice. IV' WINBURG, July 12th, 1848. As the Emigrant Boers who crossed the Orange river for their liberty have deserted their Motherland, and as we perceive that the British Government grant privileges and liberty to all other creatures, and we are constrained in fetters, so this therefore is to notify to all and every one who does not wish to take part in this just cause of Freedom, that he must on receipt of this on or before the 30th instant, cross the stream of the Orange river without selling any ground or places, for all sales of places will after that date be considered illegal, to prevent Courts Martial (Krygs raad) from visiting with further punishment their person and property. No person shall be allowed to keep himself neutral, those who are not with us will be looked upon as enemies. Every person who opposes this Maatschappy (Association) whether with words or deeds, will be treated as an Insurgent, and will be punished forthwith by Court Martial. A. W. J. Pretorius, Comdt.-General. Pretorius with a force of about a thousand — some say twelve hundred — men moved out from Winburg and marched or rode, to Bloemfontein, the citadel, such as it was, of the Sovereignty. On the 17th, he formed a camp within two miles of that place. With the large force at his command and the obviously feeble means of resistance which could be offered, it was clear that he was now master of the country and able to dictate his will to all. He demonstrated this by the following order which he sent to Major Warden : Bloem Fontyn, July 17th, 1848. To MAJOR Warden, British Resident. — As we have been true and sworn friends to each other, and that for five years. And whereas Sir H. Smith is obstinate as regards the majority being on our side. I consider it my duty to shed as little blood as possible. I shall therefore give you one hour to consider whether you will give up this country or whether I am to take it from you by force. Many parts 150 TERMS OF WARDEN'S WITHDRAWAL CHAP, of the country have been purchased by the Emigrant Farmers from natives and which natives do not feel at all disposed to come under British Rule. I have for the accomplishment of this object brought with me into the field, one thousand of the many thousands of my ready and willing people. A. W. J. Pretorius. When Major Warden received this note, the total force at his disposal was fifty-seven regular troops and forty-two civilians, encumbered by about two hundred women and children, some of whom had fled from the surrounding districts of the village for protection. During the three days previously he had endeavoured to throw up earth-works and to take other defensive precautions, but before they were anything like finished, Pretorius appeared. Considering his small means of defence and the overwhelming numbers brought against him, Major Warden had no course open to him, but to surrender. He therefore, went out to meet Pretorius, who by this time with four hundred men, had come within a short distance of the old fort. Major Warden had perforce to agree to the following terms : — That the troops and inhabitants of Bloemfontein should vacate that place by the 20th, that is within three days, but they were to be allowed to take away all their property, both public and private. To this end Pretorius was willing to provide as many waggons as were necessary and procurable ; he even went so far as to permit that, in the event of there not being a sufficient number, property might be allowed to remain unmolested until a more convenient time. It was further agreed that the British Resident should inform the native chiefs of the arrangements in order to obviate any collision with them. These same terms were to apply to Mr. O'Reilly at Smithfield. All this having been agreed to, Pretorius withdrew from the vicinity of Bloemfontein, and Major Warden withdrew from the village itself. On the 24th we find him at Touwfontein on his way to the Orange river which he crossed and formed a camp on the left bank at Botha's drift on the 27th. As soon as Mr. O'Reilly heard of the expulsion of Major Warden, he likewise lost no time in vacating his Smithfield PRETORIUS MASTER OF THE SOVEREIGNTY 151 magistracy. He crossed the Orange river at Sanddrift and CHAP. took shelter at the farm of a Mr. Adam Gilfillan at Stormberg IV' Spruit. Many of the people from that part also crossed the Orange in order to escape being commandeered by Pretorius. Thus Pretorius was master of the whole of the Sovereignty. His moderation in the treatment of the vanquished — as such for a time they may be called — in permitting them to remove all their property when he might have confiscated all in an unconditional surrender is worthy of remark. Not less moderate was an answer to the manifesto of March 29th, which Pretorius drafted and sent to Sir Harry Smith. It was a pathetic document, one calculated more to arouse our sympathies for the people who had suffered the vicissitudes of the last ten years, rather than to induce us to regard the protests which they made against the treatment meted out to them as rebellion. The general tenor of this long, rambling statement, as had been the case in so many of the petitions from the Eastern Province, was want of protection from native races and the hindrances which the British Government opposed to the people in protecting themselves. The British Government they claimed, for Pretorius spoke in the name of many, permitted native and coloured races to have the liberty of governing them selves, but refused this privilege to white African, Boers. With regard to the declaration of the Sovereignty, Pretorius said : " Your Excellency stated that if the majority objected to British rule, you would leave us unmolested, we say, we white cattle farmers cannot with any feeling of security, reside under Her Majesty's jurisdiction in a country inhabited by so many coloured people, especially as they are left to their own laws and we are placed under other laws." . . . " How many years have not the inhabitants of the Old Colony remained in a state of insecurity, and how many irrecoverable losses and hardships have they not suffered under British rule ? When we were all youths and children, then there was Kaffir war, now we are men with grey hairs and there is still Kaffir war . . . will that portion of Her Majesty's subjects be enabled to reside in security ? Have the houses which were burnt down been rebuilt ? " Pretorius then proceeded to speak of Natal. He claimed that the 152 PROMPT ACTION OF SIR H. SMITH CHAP. Dutch had obtained that country justly and honourably from IV" a sovereign power which had the right to give it, that subse quently they paid for it with the blood of their dearest relatives, but it was no longer in the possession of the rightful owners, who were wandering homeless in the wilderness of South Africa. " When I, Pretorius, returned from my long tour to Grahamstown, where the Great Governor would not even allow himself to be seen or even spoken to, were not my countrymen all fleeing, amongst whom was my own family ? " Pretorius argued that the people could not be expected to become better while they were oppressed and their land taken from them. As testimony that they had not forsaken their God, he instanced their building the church at Pietermaritzburg. " No ! " said he. " You' will not make us better by driving us further into the wilderness ; you will never, by promises or threats, eradicate these hardships from the minds of the African Boers." Sir Harry Smith's answer to this as well as to the informa tion from Major Warden, which reached him on the 22nd, was to issue, immediately, a reward of £ 1 ,000 for the arrest of Pretorius and, a week later, one of £500 for Jacobs. Also, with his characteristic impetuosity, he sent off orders to the military authorities in Albany and British Kaffraria to dispatch to Colesberg, with the least possible delay, four companies of the Cape Corps, two guns and two companies each of the Rifle Brigade, the 45th and 91st regiments, for the purpose of invading the Sovereignty. Excitement at the news from the North Eastern border prevailed throughout the Colony, and Grahamstown again was all astir with the assembling of waggons and stores and other preparations for the departure of the troops. Sir Harry Smith, himself, left Cape Town on the 29th, accom panied by Mr. R. (afterwards Sir Richard) Southey, Major Garvock, his military secretary, Dr. Hall, principal medical officer, and Lieut. Holdich. Their route to Colesberg was through Worcester and Beaufort West. At the former place, elaborate preparations were made and all turned out to welcome the Governor in anticipating the great things he was to accomplish. They reached Colesberg on August 9th. Colesberg is about 26 miles south of Botha's drift on the THE GOVERNOR REFUSES TO TREAT 153 Orange river, where all were to meet and where Major CHAP. Warden then had his camp. IV- The troops from the Eastern Province did not arrive at Botha's drift simultaneously ; some were there a week or ten days before others, so that the final preparations for crossing the river could not be made until the 20th. In the meantime, a large commando of Boers was stationed on the opposite side of the river and in sight of Major Warden's camp, probably with a view to disputing the passage of a force which it was thought Major Warden was to bring against them. On August ioth, Major Warden received a letter from this camp signed by A. W. J. Pretorius, G. H. Kruger, A. Spies, L. R. Botha, P. M. Bester, J. J. Jacobs, J. J. Joubert and J. A. Enslin, commandants, expressing a desire to have an interview with the Governor. Pretorius stated that he had heard that a reward had been offered for him, but he said he was quite happy and the chief of the United Emigrant force ; he reiterated the desire of the people to be left unmolested. This was sent to Sir Harry Smith at Colesberg. He gave as his answer that he refused to treat with rebels in arms, that he had come to protect Her Majesty's loyal emigrant subjects from insult and to suppress rebellion with Her Majesty's cannon and soldiers ; he had neither the intention nor the desire he said, to fall upon them, white people, with blacks. The bearing of this last statement must be that Pretorius had heard rumours that assistance from the natives was to be enlisted. There may have been good reason for this, for on August 2nd, Major Warden had actually sent messages to Moshesh, Sikonyela, Gert Taaibosch, C. Baatje and Jan Bloem, asking them to assemble and co-operate with His Excellency. On receipt of the Governor's message in which, as Pretorius put it, " He threatens to shoot us all dead, unheard," the commandant-general made another appeal to the Governor to go over the river to their camp in order that he might see for himself the number of people who objected to British rule. He (Pretorius) was anxious to avoid blood shed, but, he added, " We also have thousands of blacks who are prepared to assist us," and " if joined by those from Ohrigstad and the wilderness, we are determined on meeting 154 A FINAL WARNING CHAP. Your Excellency," presumably on hostile terms. In reply, IV" Pretorius was told : " The Governor will be in Major Warden's camp on Tuesday, the 15th, at 12 o'clock, and if Mijnheers Kruger and Paul Bester desire to speak to him a boat will be sent to the opposite bank to bring them over, and the Governor will meet these Mijnheers and hear what they have to say." The " Mijnheers " did not make their appearance. Oh August 1 7th, in the hope that he would not be com pelled to proceed to extremities, Sir Harry Smith issued from Colesberg, his final warning to the Sovereignty Boers. " Know," he said, " all ye assembled in arms under Pretorius, whom I have proscribed, that ye are British subjects, and that the act of your thus assembling in this reckless manner is illegal and in opposition to Her Majesty's sovereign will. You are guilty of Rebellion. Remember before you force me to fire upon you that I have already given you fair warning in my manifesto of March 29th last. I now again warn you to pause, ere you compel me to use the force now assembled at my disposal and close at hand." Recapitulating then, as set forth in the manifesto, the blessings he had showered upon them, he proceeded : " Beyond Winburg, there are many violent men who are opposed to rule and government in any shape, but many whom I met in that neighbourhood, although they told me in public, when overawed by the turbulent, that they would rather remain as they were, in private, sought me and assured me that they were miserable and prayed me to send them a magistrate." After referring to his lengthened tour, to the good he thought he had done and to the appointment of Pretorius as a member of the Land Commission in Natal, he said : " I gave him my proclamation of February 3rd last to take among you especially requesting him to explain to Jacobs that I had issued it before the meeting proposed, because he (Pretorius) recommended me to do so, saying that he would point out to all of you how its contents were calculated for your good. In place of doing this, he perverted its meaning, misled you and deceived me. He requested me not to extend the Sovereignty beyond the Vaal river, and to leave the Mooi river for those who might disapprove of the order of things PASSAGE OF THE TROOPS 155 proposed. I did so. I have always said that unless the CHAP. majority of the burghers were in favour of the Govern- IV- ment which I had in friendship framed for them, I would not press it. To show that such was not the case, Pretorius and Jacobs got 470 signatures to an address by every imagin able fraud, deceit and lie. Subsequently, Snijman wrote to Pretorius to say he would have nothing to do with him, that he had deceived him as his people who had added their names to the list, and who all withdrew them. ... No armed party shall presume to seek what I cannot listen to. Blood shall not cease to flow until peace and tranquillity be established and Rebels driven out of the land. Choose therefore, between War or Peace." The negotiations having concluded thus unsatisfactorily, nothing remained but the commencement of the preparations for getting the army across the wide and swiftly-running Orange river. In anticipation of some such contingency as this, Sir Harry Smith had brought with him from Chatham a caoutchouc pontoon, which had been invented only shortly before. On the 20th, by means of this new invention the passage of troops and impediments began. By the 26th, when finally the headquarters staff crossed, there were on the far side about 1,200 men, 3 guns, and no less than 177 waggons with commissariat stores for 30 days. A party of the C.M.R. remained on the left bank in charge of a boat and hawser to secure communication with the far side. There was no opposition from the Boers, for before these operations began, all had disappeared. On the 27th, the march to Winburg was commenced. In expectation of attack, the C.M.R. followed by two guns and the Royal Artillery, led the very long cavalcade ; then came one company of the Rifle Brigade with another gun ; then the companies of the 45th and 91st regiments and the almost interminable procession of waggons, with a rear guard of the C.M.R. A halt for the night was called at a place near Philippolis and the next day, the 28th, a bivouac was made at a stream near " Visser's Hoek," when 250 Griquas under Adam Kok joined the forces. At 10 o'clock on the morning of August 29th, the memor able day, the troops having started early and breakfasted 156 BOOMPLAATS CHAP, at Touwfontein, the northern movement was re-commenced. TV So far the march had been through an apparently uninhabited country, not an individual had been seen until about an hour after this last start, when a herdsman was met and interrogated. He stated that on the previous evening he had seen fires on some low hills or ridges ahead and that during the morning he had seen about twenty Boers riding along those same ridges ; he believed there were many more behind them. With this information the column, in order of battle, moved along cautiously and a Lieut. Warren of the C.M.R., with four or five troopers was sent forward to reconnoitre. The nature of the country through which this march was made was level, or at most only slightly undulating, though there were to be seen in the nearer and further distances, isolated hills or small mountains, kopjes as they are called, so characteristic of this part of South Africa. Three or four hours' march from Touwfontein, on the main road to Bloem fontein, there was an assemblage of these kopjes. Between them there meandered, or stagnated, a small river called the Kromme Elleboog Spruit, which ran northward into the Riet river. A little distance on the further side of the spruit, on the left of the track known as the road and at the foot of one of the hills, there was a farm homestead with a fairly large stone cattle kraal. This place was the homestead of the farm called Boomplaats (tree place), at this time abandoned. As a place of defence or offence against an approaching enemy, the kopjes on this farm were well chosen. The small reconnoitring party rode up one of the hills immediately in front of them and when near the top, they came suddenly face to face with forty or fifty armed Boers. Each party seems to have been terrified at the sight of the other. The Boers galloped away to the back of an adjoining hill, while the troopers rushed and rejoined the column. Realising that action was now inevitable, a party of the C.M.R. was ordered to cover the front of the column in skirmishing order, but not to fire unless fired upon first ; the train of waggons was drawn up into such a disposition ^«SM» w^m n f?e£ ^4|. afterwards placed >¦!«' .„,#*' *X X^? 4?;" u 6ri 6 PLAN OF FIELD OF ACTION AT BOOK PLAATS Stoffkl „¦„, l£sse/-i '^L (Reproduced from the "Autobiography " of Sir Harry Smith, by permission of r Jiff. Joftw Murray.) 158 A FIERCE CONFLICT CHAP, as was capable of being protected by the men of the 91st who were detailed for that purpose, and with Sir Harry himself in front accompanied by some of his most reliable men, the force moved slowly forward. Suddenly, someone shouted : " There they are." In a moment every height on the right, centre and left was seen to be covered with the enemy, springing from behind bushes, rocks and all else which offered cover. From all points, a well directed and destructive fire was opened upon the advancing column. Sir Harry was one of the first to be hit, but fortunately the damage was nothing more than a bullet cutting his stirrup leather. But a Lieut. Salis was badly shot in the arm and three of the coloured men of the C.M.R. were killed. The party of the C.M.R. was ordered to retire and the three guns opened a rapid fire on places where the enemy was congregated thickest. The following is from Sir Harry Smith's report upon the subsequent action. " The Rifle Brigade supported by the two companies of the 45th were directed to attack their left flank, so as to turn it, and the detachment of the 91st was held in reserve in rear of the guns. A more rapid, fierce and well-directed fire than that kept up by the rebels, I have never seen maintained, and for some time, they man fully held their ground, when a rush of the Rifle Brigade upon their left flank, of the 45th upon their left centre, and of the 91st, whom I now brought into action upon their right centre, carried everything before it and gallantly dis lodged the rebels. Meanwhile, a fierce determined conflict was going on between the C.M.R. and the right of the rebels who descended the hills for the double purpose of turning my left and insulting our baggage and commissariat stores, which were collected in the plain below. I have seldom seen a sharper skirmish, the rebels advancing most rapidly and successfully into the plain until their impetuosity exposed their left to the fire of one of the guns, by which they were checked, and the gallant Hottentots, nobly headed by their officers, then drove them back pell-mell into the hills. During this time the victory on our right hand had rapidly progressed, the rebels in about three quarters of an hour, having been driven from their position on our side of the river, the higher ground upon the opposite bank of which Photo : Dr. Coetzee, Edenburg, O.F.S. Photo : Dr. Coetzee, Edenburg, O.F.S. Views of Boomplaats showing the Nek and the Stream VICTORY 159 they most obstinately endeavoured to hold. The gallant CHAP. efforts of our Infantry along their centre and on their left were IV' however soon crowned with success, and at the same moment their right was driven by the Cape Corps across our front, by passing which they could alone join the road leading over the neck of a range of hills by which they must retire. They were thus exposed to the fire of two of our guns posted on the hill, first carried by the Rifle Brigade and 45th and from which they suffered greatly." Driven from the first range of hills, the Boers descended on the far side to the river, which probably gave them no difficulty to cross. Some took shelter behind such banks as the cutting afforded, while others fled to the stone cattle kraal of the Boomplaats homestead. From both places a constant fire was kept up on the forces which were following and descending the hill. Col. Buller, of the Rifle Brigade, was shot through the thigh, though not mortally, but his horse was killed under him. From these two positions, the Boers were soon driven by the guns which by this time were got on to the top of the hill. They scattered over the plain, but showed a disposition to collect at another neck between two hills at a further distance. The C.M.R. and Griquas, all mounted, galloped after them and after a few shots they dispersed and were not seen again. Thus ended the Boomplaats fight.1 The casualties on the British 1 The following account of Boomplaats, which may be of interest, the author elicited from one who took part in the engagement. Old James Darling, a coloured man, was a well-known character in Grahams town some thirty years ago. He had been a private in the Cape Corps and had taken part in many of the conflicts in which that regiment had been engaged. He was a mine of information on the events of the forties and fifties, but as fifty years had elapsed since many of the events which he endeavoured to describe took place, it is not surprising that his memory failed him in many particulars and that some of his statements do not coincide with the official accounts of the time. The gist of the conversation which the author had with him on the subject of Boomplaats is as follows : " I was born in Cape Town, where I enlisted in the Cape Corps in 1846. Col. Somerset was then our Commander. We came round from Cape Town to Algoa Bay in one of the first steamers which went round the coast, namely, the Phcenix. We remained for a time in the barracks at Port Elizabeth. This building was where the Public Library now is. Our uniform consisted of a green jacket with a tassel in the middle of the back, grey woollen trousers and a hat with a peak and horse-hair plume. Afterwards we had dark tunics and our hats were ' Shakos ' just like the French." Mr. Darling then went into details connected with the 1846 war and his doings at Fort Peddie and King William's Town, which may be passed over here. He then proceeds : " Orders came for the ' B ' troop, my troop, to go to the Orange Biver. We were a mounted corps. We marched from Fort Beaufort to Sanddrift and encamped on the bank 160 THE CASUALTIES CHAP, side were : one officer, Captain Murray, killed, and six of that river, on this side. It took us almost a week to do that journey. We saw the Boers encamped on the other side ; they were busy making their fires and roasting mutton and 'carbonatjies.' I shouted to them. They shouted in return, come over to us and we will show you. My answer was, we will come through to-morrow. We Cape Corps were three com panies, there was also at the bank of the river the Rifle Brigade and two companies of the 45th. The next morning we crossed the river but all the Boers had fled, there was not one left. They could not have gone long as their fires were still smouldering. We marched on to a farm called Touw fontein, where we had breakfast. From there we went on to Boomplaats, a distance of about three or four hours. Boomplaats is the name of a farm. The country is flat, with a few kopjes and a river. Sir Harry Smith made us stop on this side of it. He went forward with the advance guard to find the whereabouts of the enemy, and to see if there was any white flag coming forward, but there was not. When the bugler began to sound the advance, the Boers opened fire. The bugler was hit and killed. Sir Harry was shot in the boot, but it did not hurt him. He then shouted, ' Get ready Papa's Kinders,' and then we extended right and left. The middle column went up to where Sir Harry Smith was with the advanced guard. We charged. We came into collision with the Boers at about eleven o'clock on August 29th, and we continued firing until 7.45 in the evening, when not a Boer was to be seen. During the fighting of that day, twenty-five of the Cape Corps, of which I was one, got left behind. We did not notice that the others had gone ahead. We were near a small rocky hill on which many of the Boers were in hiding. I went up with an officer to a small flat place on the hill, then the Boers fired at us from behind the rocks. A bullet whizzed past me and hit the officer in the leg ; his name was Mr. Steele. He shouted out, ' Oh Lord, Darling, I've got it.' I ran down the place where we came up. I shouted out to the remainder of our men who were below to bring up their blankets as an officer was wounded. They rushed up immediately and took the officer down the hill, put him in a waggon and drove him on to Boomplaats, where surgeon Eddie attended to him. I think he died of this wound. Besides the wounded, we left about sixty Boers killed on the battlefield that day. When we left the mountain we met the waggons which were following up the advanced guard. Serj. Major Mackenzie of No. 5 Cape Corps halted us and went to the waggons to get us some spirits. We wanted it as our mouths were very dry and full of gunpowder, as we had in those days to bite our cartridges. Nowadays, it is a gentleman's job to be a soldier, it wasn't then. We went on to Kalverfontein, where Sir Harry made his camp. He came out of his tent when he heard we had arrived and said to us, ' Here's all Papa's Kinderen. Papa has got lots of biscuits, tobacco, shirts and all sorts of things for you.' When the advance column got to Boomplaats, they captured a Boer named Dreyer and a deserter from the 45th named Michael Quigley. We all went on to Bloemfontein and saw the Union Jack flying on the fort. The captured men were tried on Saturday and shot on Monday morning at 5 o'clock. I was on parade at the time. It took place more to the left of the Naval Hill. After the shooting we commenced our march to Winburg. This took two days. At Winburg we caught Pretorius' clerk, a man called Sneavel (Schnehage). We made him a prisoner and put him in the tent. This man had a large shop in Winburg, though the place consisted only of three or four houses. His wife came down and begged Sir Harry to pardon her husband. Sir Harry said she could have him for £300. She fetched the money and having counted it out, the man was released. Sir Harry Smith was a good general. But he was very fidgety. If we touched the cords of his tent he would come and swear at us — and, Man ! how he could swear ! " THE GOVERNOR'S NEW PROCLAMATION 161 wounded ; rank and file, eight killed and thirty-nine wounded ; CHAP. horses, eleven killed and thirteen wounded. On the Boer IV* side, according to Sir Harry Smith, forty-nine were left dead upon the field, twelve having been killed by one cannon shot. This number has been disputed. Nine killed and five wounded has been given as the correct number. The troops moved on to Kalverfontein, which was reached at half-past four and a halt was called for the night. At three o'clock the next morning, the march was continued. A halt was called for a time at Bethany, a mission station belonging to the Berlin Society,1 which was found to be deserted. About then, two men who had taken part in the Boomplaats fight, a Boer named Dreyer and the deserter Michael Quigley who had been press-ganged into Pretorius' force when he was trying to escape, were caught and taken on to Bloemfontein as prisoners. On Saturday September 2nd, Sir Harry Smith with his force reached Bloemfontein. In due course, the troops were drawn up and formed three sides of a hollow square and Sir Harry standing where all might hear him, promulgated his views and intentions with regard to the after-war arrangements and consequences. In the first place he re-read the proclamation of February 3rd, and re-proclaimed the Sovereignty. Then followed his new proclamation of this day's date (September 2nd). By means of this, he made known that all Her Majesty's subjects who should be proved to have been guilty of rebellion, would have their landed property confiscated, and further that all others who had aided and abetted them by furnishing horses, provisions or transport would be subject to such fines as should be imposed upon them after the investigation by a Commission which was to be appointed for the purpose of obtaining information and assessing such fines ; and as soon as shall be raised sums sufficient to defray the expenses incurred by Government in putting down the rebellion,2 then those who bad been losers by any acts of rebels should receive the indemnification such funds will afford. He doubled the reward (now £2,000) for the apprehension of 1 There is a Railway Station now at Bethany. 2 This sum was ^10,373 4s. od. VOL. V II M 162 UNWISE SEVERITY CHAP. Pretorius and declared his property confiscated.1 The reward for the arrest of Jacobs was also doubled and sums of £500 each were offered for A. Spies, Jan Krijmann (Krijnauw) and Louw Pretorius of Caledon river. This was followed by a list of others whose properties were to be confiscated or who were to be fined in amounts varying from fifty to two hundred pounds. Then took place that part of the proceedings which, more than any other, has left such an unhappy remembrance of those times. The two prisoners were tried by court martial, sentenced to death and shot early on the following Monday morning. From Sir Harry's point of view, these men were British subjects who had been taken in rebellion and were guilty of firing on British troops, and, perhaps under the circumstances, he felt bound to keep faith with himself in not departing from the terrorising words of his manifesto. His characteristically impetuous disposition to act on the spur of the moment and to take all risks, undoubtedly, in this case, caused his military ethos and profound reverence for discipline to get the better of his humanity. There does not seem to have been any counsel for defence for the two men. Had there been, it is quite certain that in the case of Quigley, at all events, mitigating circumstances could have been pleaded which would have modified the dreadful sentence. It must have been known that he had already been pardoned for desertion, and further, Mr. Biddulph, who was then in Bloemfontein, though wounded, knew that Quigley had written from Pretorius' camp in the north, telling him what was going on and his own failure to escape and, pre sumably, to rejoin the British lines. Yet nothing of this seems to have been urged in his defence, In the case of Dreyer also, for all that seems to have been known, he may have been one of the very many Boers who, at heart, refused to take part with Pretorius, but were compelled to do so by intimidation and fear. Whatever was to have been gained from a military point of view by force of example to evil 1 On November 29th, 1848, two of the children of Pretorius made application to be allowed to retain their father's property. This was granted in September, 1849. One son — also A. W. J. Pretorius — was allowed to have " Bosman s river, ' while to Christina Petronella Pretorius " Welverdiend " was granted. THE QUEEN'S FORT 163 doers, it is certain that more would have been gained by a CHAP show of mercy on this occasion. IV' For the establishment and maintenance of law and order in the Sovereignty, Sir Harry, before he left Bloemfontein, issued instructions for the construction of a large and strong fort which should accommodate the garrison he intended to station there. The primitive Fort Drury was totally inade quate for this purpose. The new fort which was to be called the Queen's Fort and which is still standing, was commenced forthwith. Plenty of labour was at hand for there were soldiers who could devote most of their time to cutting stone, handling pick and shovel as well as others capable of carrying out artisan's work, and all at no great expense. The diffi culty however, was wood, there was little or none in the vicinity, it had to be fetched from a considerable distance. Both the material itself and its transport were costly. Rapid progress was made, nevertheless, for within about a month, namely on October 6th, it was reported that the walls were finished. In a further short time all was ready for its occupants, two companies of the 45th regiment, two companies of the C.M.R. and twenty-five of the artillery. The armament consisted of four nine-pounders which were mounted on the walls and three six-pounders in charge of the artillery. Thus the Queen's Fort came into existence. With his force diminished by those who were to remain at the Queen's fort, Sir Harry moved off, on the 5th, to Winburg where he arrived on the 7th. On the 6th, he halted at the Vet river, where he was joined by a large number of Boers who not only had taken no part against the Govern ment, but had formed themselves into laagers, defied Pretorius and successfully maintained their position through out. It was now clear that the people had been much divided in their opinions with regard to the action of Pretorius. G. H. Meyer had formed a camp hostile to him on the Vet river and J. T. Snyman had, so it was said, no less than five hundred people in a defensive camp at the Caledon river. It seemed probable therefore that if the powerful intimidating influence of Pretorius were removed, four-fifths of the people would have been in favour of the establishment of the Sovereignty. On his arrival at Winburg the troops were i&4 MEETING AT WINBURG CHAP, again drawn up in the formation of a hollow square, the Sovereignty again re- proclaimed under a salute of twenty-one guns and another proclamation read. According to this one, a new district was created. As that of Winburg was so large, that portion situated between the Sand and Vaal rivers was cut off and formed the district of Vaal river, so that the Sovereignty now consisted of four districts, Bloem fontein, Winburg, Caledon river and Vaal river. He asked the field cornets present to state in rough numbers how many people in their respective parts were satisfied with the Sovereignty conditions and might be relied upon to support the authority of the magistrates he had appointed. The total of the numbers they gave amounted to about fourteen hundred. He took this as further justification for his pro clamation of February 3rd and a refutation of the statements of Pretorius. With reference to the rewards and fines, he doubled that for the arrest of Jacobs, and announced £500 each for F. Bezuidenhout and Adriaan Stander. It need hardly be said that none of these rewards was ever claimed. " Mynheers " Krieger (Kruger) and P. M. Bester, though rebels, in Sir Harry's parlance, were pardoned on the ground that they had endeavoured to restrain Pretorius. Bester was soon received into favour and was almost immediately appointed on the commission for fixing and levying the fines. He afterwards occupied important magisterial positions. On September 9th, in order that a greater number might hear from the Governor himself his opinions and intentions as also to give all, both burghers and natives, an opportunity of expressing their own feelings, a large public meeting was convened in Winburg. Besides very many burghers from the surrounding parts, there was a numerous attendance of natives. Among the chiefs were Moshesh, Moroko, Moletsani, Carolus Baatjie and others. The Governor himself was the chief speaker. He reminded them that they had, in the first place, invited him to come among them and that he had done as they had asked him, namely, to form a government for them. In spite of all, a wicked rebellion had been fomented, but fortunately, this had been put down by force of arms. Having then recounted the affairs connected with Boomplaats, he called upon them THE GOVERNOR WELCOMED AT SMITHFIELD 165 to open their minds to him and to express their desires. CHAP. Were they willing, he asked, to protect the magistrate he had IV" appointed, reminding them that there was at Bloemfontein a strong fort with cannon, cavalry and infantry to support his authority. Then asking all those who desired to have a magistrate to hold up their hands, all did so. " Do you desire to have churches and schools ? " All desired this. " Are you satisfied with the measurement of lands, the granting of certificates of ownership and the quit-rents ? " All were satisfied. " What object have I in forming a govern ment for you but your peace and happiness ? I will spare no exertion for your good." He then asked them to elect a field commandant and field cornets. This was done. Moshesh, on behalf of the Basutos, expressed his satisfaction with the Governor's procedure. Of the burghers, one F. C. Erasmus said that he felt that everything mentioned in the manifesto had been carried out, and P. M. Bester declared that he would do all in his power to preserve order. Many took the oath of allegiance and thus the happy meeting ended. From Winburg, Sir Harry Smith proceeded to Smithfield, that is, the old Smithfield at Waterval, where he arrived on the 1 8th. The majority of Boers in the Caledon river district, headed by J. T. Snyman, had, not only during all this dis turbance but through the restlessness of the previous years, shown an indisposition to throw in their lot with those who were vociferous against British rule. It is not surprising therefore that when they heard of the approach of the Governor a large commando should have gone out to meet him, given him an enthusiastic reception and presented him with an address of welcome signed by 342 persons. They congratulated him on his late success and expressed their satisfaction with all his measures. Thanking them, he spoke in much the same terms as he had done at Winburg, but added that neither the Government nor the innocent could be expected to defray the cost of the repressive expedition. It must therefore fall on the guilty, hence the appointment in each district of a commission to levy and collect such fines as should be adequate and yet not beyond the abilities of the individuals to pay. The people of the district were unsettled in consequence of not knowing the extent and 166 ORIGIN OF ALIWAL NORTH CHAP, boundaries of their farms, and as, in the ordinary course of events, the land commission would not be able to give attention to them for some time, they asked that a special commission should be appointed for that district. The Governor promised to meet them in this. The subsequent attempt, however, to mark off boundaries gave offence to the Basutos, who looked upon this as the last stage in the alienation of part of their country. They argued that even if Moshesh permitted, he had no right to do so, as he held the land in trust for the people and could not grant it to others without their permission. There was yet much trouble in store in connection with boundary lines. Sir Harry further gratified the Smithfield people by laying the foundation stone of a church. It was never built, however, as the site of the proposed town was moved to Riet Poort. Instead of returning to Cape Town direct, Sir Harry Smith decided to make another meteor-like tour, visiting this time those parts of the Eastern Province which were, so far, unknown to him. Accompanied by Major Garvock, Dr. Hall and Lieut. Holdich and with an escort of twenty-three of the Rifle Brigade, one horse and eight mule waggons, he left Smithfield before daybreak on the 19th. The party having crossed the Orange river at Buffels Vlei, Sir Harry approved of the establishment at that place of a new town, to be called, at the request of the neighbouring inhabitants, "Aliwal." It is the present town of Aliwal North. " It is," he said in his despatch to Earl Grey, " on the direct line from Port Elizabeth and East London, and ere long will become an important resort for traders seeking to supply the natives of Moshesh and the Boers of the Caledon river." From there he pushed on to Burgersdorp, " the present seat of magis tracy for the district of Albert," but " the removal of which to Aliwal, at some future period, I have in contemplation." 'Twere needless to describe in detail the " illuminations," flag-wavings and other demonstrations of loyalty to the Queen and respect and affection for himself which met him every where. Nor is it necessary to epitomise the numerous addresses which were presented to him ; they were all of a similar character, namely, thankfulness for his own pre servation from danger, satisfaction with his proceedings THE EASTERN PROVINCE DISPLEASED 167 and the hope that peace and prosperity were then assured to CHAP. the country. His mode of travelling was to be upon the IV" road before daybreak and to ride in his waggon until he approached a town when, as his dignity and official appear ance demanded, he mounted his horse, formed up his escort and appeared before the public in a style befitting the Governor of the Colony. From Burgersdorp he went to Cradock. Here there was a slight and somewhat original innovation in the usual pro ceedings. A party of enthusiastic admirers collected outside his bedroom window at three o'clock in the morning and serenaded him with "Auld Lang Syne." The Governor, presumably in military undress, opened the window and addressed them shortly. " But, gentlemen," said he, "I have had a tiring day and I have to start very early in the morning, I should like to have an hour's rest, thank you, gentlemen. Good night." From Cradock he went to Graaff-Reinet and thence to Fort Beaufort. Here the first sign of any chilliness in the welcomes made its appearance. He was now in a part of the Eastern Province where there was, and had been for some years, considerable feeling on the question of separation of East from West. Sir Harry also had thought much about this and had formed a most decided opinion against it. And now, in no uncertain terms he denounced it, not only in Fort Beaufort but also in Grahamstown and Port Elizabeth. He maintained that Unity was Strength — ex unitate vires. He instanced the advantages which were accruing to Ger many and to the United States of America from their policies of confederation and showed that the present action of the Eastern Province was detrimental to the progress of the country. When he had been asked by Earl Grey whether he desired to have another Lieut.-Governor appointed, he had answered in the negative ; he had regarded the appoint ments made in the past as mistakes. As some measure of compensation for the disappointment he was thus creating, he made reference to the great change in the government of the country which was then in contemplation. Especially with respect to the Eastern Province, the Legislative Council was a failure. There was now the immediate prospect of 1 168 THE GOVERNOR AT KING WILLIAM'S TOWN CHAP, its abolition and its place to be taken by a Representative Legislature, that is the government of the country was to be almost entirely in the hands of the people themselves, some of whom would be Easterners. With this policy Sir H. Smith was in entire accord and he had much pleasure in telling these people so. However, many years after this had to elapse before the controversy of East and West was finally laid to rest. From Fort Beaufort the Governor wended his way through the beautiful country in which the military villages were situated. He visited Ely, Juanasberg, Woburn and Auckland, speaking words of encouragement to this settler, spurring that one on to greater exertion and dissuading all from following the examples of those who had already abandoned their places. Then he went on to the great Fort Hare and saw with satisfaction the progress which had been made in the adjacent town of Alice ; to Fort Cox, isolated amid the dangerous fastnesses of the Amatola mountains ; to Fort White, and finally he reached KingWilliam's Town on October 6th. As his arrival had been expected, Col. Mackinnon sent messages to all the Kaffir chiefs inviting them to meet the Governor again. The next day all, except Kreli, appeared bringing with them large numbers of their followers. A meeting similar to that of January 7th was held. Sir Harry Smith made another of his characteristic speeches and then called for the reports of the British agents on the manner in which the chiefs and people had conducted them selves since his last visit. All these were highly satisfactory, British Kaffraria, in fact, had become quite a Utopia of honesty and exemplary behaviour ; albeit the Grahamstown Journal was still publishing lists of depredations and thefts committed in the Colony. The Bishop of Cape Town, who had ridden over from Grahamstown, having also addressed the meeting, the chiefs were then invited to speak their minds. They did so in an approved manner and the meeting ended with satisfaction to all. King William's Town had made some progress in its de velopment. Streets and squares were laid out, water furrows were being constructed and some substantial buildings were in course of erection. The churches made a beginning. The A TRIUMPHAL TOUR 169 Wesleyan community approached Sir Harry Smith with a CHAP. view to getting a grant from the Public Treasury for the IV' purpose of building a church and schoolroom. He told them he had no power to use the Public money for this purpose, but that the move might be encouraged, he gave them £ 1 5 from his own pocket and £ 5 from Lady Smith's. He gave further gratification by asking to be permitted to lay the foundation stone. So on the afternoon of that day, the semi-military-ecclesiastical ceremony was performed and in due course the Wesleyan chapel in Berkeley Street was opened for service. About the same time Bishop Gray laid the foundation stone of Trinity Church. The next stage in this triumphal tour was to Fort Peddie. When the Governor was about six miles from King William's Town, a party of Kaffirs was seen to be following him in great haste. They turned out to be Kreli with some of his people. He had endeavoured to reach King William's Town in time to meet the Governor, but arriving too late, he rushed after him and overtook him. Little of importance took place at the interview beyond that Kreli was presented with a horse, saddle and bridle and as he was clothed in nothing more than a blanket, Sir Harry gave him one of his own overcoats. Having touched at Fort Peddie and crossed the Great Fish river at its mouth, Sir Harry reached the Kowie river — afterwards Port Alfred. There he saw, as many others had done, the prospects of a fine harbour and a flourishing seaport town, one which should fear no competition from Port Elizabeth on the one side or from East London on the other. His visions have not materialised. Passing then through Bathurst and the country of the 1820 Settlers' location he reached Grahamstown again. There he was received as enthusiastically as ever in spite of his own known views on the question of separation. The city entertained him at dinner and he, in return, entertained the city at a soiree. Thus with undiminished respect and affection he entered on the last stage of the long land journey to Port Elizabeth, where he embarked in the steamer Phoenix and landed in Cape Town on October 21st. Then with more addresses, speeches, flag-waving, flaming tar-barrels and fireworks, this triumphal tour ended. 170 UNREALISED EXPECTATIONS CHAP. It will be well now to enquire whether the declaration of the Sovereignty and the result of Boomplaats produced the good order and everlasting peace which were the objects of Sir Harry Smith's procedure. It may be wondered whether Pretorius was subdued and contrite and determined never again to interfere in Sovereignty matters ; whether the Basuto chief, Moshesh, was the paragon of honour and uprightness and entitled to be considered as the devoted lover of peace Sir Harry Smith considered, or pretended to consider him to be, and, in short, whether all, both Boer and native, were to settle down in perfect satisfaction under British rule. It is not possible, in this place, to answer these questions in detail or to go minutely into the history of this part of the country during the ensuing five years. It may be said, however, that these great expectations were not realised. Sir Harry Smith had not calculated on the increasing power and danger of the Basutos and the impossibility of inducing or compelling the various tribes of the Sovereignty to respect each other's cattle and lives. In the tribal quarrels, Major Warden and Sir Harry Smith felt it incumbent upon them selves to interfere, but the Boers for the most part were disinclined to assist. The consequent continuous expense and drain upon the British Treasury for the maintenance of troops and punitive expeditions so disgusted the Secretary of State that, in 1854, the British Government abandoned the country and, in a state of disorder, left it to be governed by anyone who desired to do so.1 After the departure of Sir Harry Smith from the Sovereignty in September, 1848, the work of reconstruction commenced. The greater number of Boers who were determined not to remain under British jurisdiction migrated over the Vaal and thus augmented the number of pioneers of the Transvaal territory. Major Warden was back in Bloemfontein under the protection of the Queen's fort, Mr. O'Reilly returned to Smithfield, though he was soon replaced by Mr. T. W. Vowe and Mr. Biddulph was reinstated at Winburg. The first business before the Sovereignty authorities was the sale of the confiscated farms and the collection of the 1 For details on these matters, vide Volume I, Basutoland Records. THE TRIBES OF BASUTOLAND 171 fines from those who had been implicated in the late dis- chap. turbance. For this purpose a commission was appointed for IV' each of the four districts and Mr. R. Southey, the Governor's private secretary, was to act as the presiding commissioner over all of them. In his report of February 2nd, 1849, at the conclusion of this work, he tells us that in the imposition of fines, he had been guided by the degree of guilt which had been proved against each individual as well as by his ability to pay and as the majority of the people were poor, the , greater number of fines were under ten pounds. Those who had been actually in arms with Pretorius, besides being fined, were, in the first place, deprived of their guns. But as it was clear that they subsisted largely on the game they shot, the guns, on their taking the oath of allegiance, were returned to them. The grand total, including monies yet to be col lected at this date, was £10,812 9s. Sd.1 The collection of this money, however, the reinstatement of magistrates and, a little later, the establishment of a Legislative Council and definite form of government for the Sovereignty, were small matters in comparison with the settlement of, and the maintenance of, peace among the various tribes, as well as between these and the Boers. The natives who gave most of, in fact, it may be said all, the trouble were those occupying the present Basutoland and parts of the northern Orange Free State. They were, partly, the remnants of tribes which had long lived in the regions contiguous to the northern Caledon river, but had been killed off or scattered during the great sanguinary upheaval which was brought about by Chaka some time in the early twenties. These tribes spoke a language, had customs and traditions in common and, with the exception of occasional insignificant tribal quarrels, lived with one another in peace. But when the savage hordes from Natal crossed the Drakens berg on their crusade of blood and devastation, these peace able tribes were almost annihilated. The only one of their 1 Made up as follows : Bloemfontein, £2,238 9s. 8d. ; Caledon, £3.369 12s. 6d. ; Winburg and Vaal river, £2,131 17s. 6d. Still to be collected : Bloemfontein, £1,002 7s. 6d. ; Caledon, £45 ; Winburg and Vaal river, £475 2s. 6d. Sale of cattle, about £100. Property sold, £300. To be paid by parties who have returned to Natal, £300. Pretorius* property in Natal, £750. This, however, was restored to his children. 172 MOSHESH CHAP, chiefs who survived was a young man named Moshesh. When the storm of bloodshed and spoliation had passed, Moshesh, in virtue of his chieftainship, small though it was, and by his personal bravery became the leader of the deci mated tribes. He collected these remnants and with them as well as with refugees from other tribes established himself on a great table-topped mountain, Thaba Bosigo, in the present Basutoland. There, on account of its precipitous sides and the inaccessibility of the summit, except at one place, Moshesh, with his followers, was able to defy all hostile comers. In this manner commenced the Basuto nation. Having thus established himself, Moshesh then claimed sovereignty or chieftainship over a very wide extent of country. It was practically the whole of that extending from the Drakensberg in the East to somewhere in the vicinity of Bloemfontein in the west, and from the Orange river in the south to the north indefinitely. Into this territory other tribes from distant parts migrated, but with some sort of acknowledgment of Moshesh as overlord. In 1833, a part of a large tribe called the Baralongs was brought from the northern interior by the missionary, the Rev. J. Archbell, and settled down at Thaba Nchu, where their descendants" are still to-day. They were under a peaceable and well behaved chief called Moroko. The Baralongs, about ten thousand in number, were, with the exception of the Basutos, the largest of all these tribes. They occupied a territory round about Thaba Nchu of, approximately, forty-five miles long and thirty wide with its western border within about twenty miles of Bloemfontein. Wedged between its eastern boundary and the Caledon river there was a small territory occupied by a tribe of half-breeds (the Bastards) under a petty chief Carolus Baatjie. It now forms part of the Ladybrand district. Its mission station was at Platberg. Along the combined northern lines of these two territories, there was a large tract of country which included roughly the present districts of Clocolan and Ficksburg. Into it a tribe called the Bataung had migrated from the Sand river country. It was under a troublesome robber chief named Moletsani, whose enterprises were the scourge of all around him. The mission stations were at Mekuatling and Lishuani. TROUBLES AMONG THE NATIVES 173 On the north of this there was a still larger territory in the CHAP. possession of a smaller tribe of Korannas under Gert IV' Taaibosch. The Korannas were a people allied to the Hottentots and were inveterate horse and cattle thieves ; they seem to have made very little progress in civilisation in spite of their two mission stations at Merumetsu and Umpukani. To the east of these and on the north of the present Basutoland were the Batlokoa or Mantatees under the famous or perhaps infamous, Sikonyela, the most turbulent chief of all and a perpetual thorn in the side of the " peace living " Moshesh. His mission station was at Imparani. These tribes were continually at war with one another. At this time, as part of the programme of Sovereignty settlement, the Government felt it its duty to intervene and, if possible, to remove causes of quarrel by defining more clearly the boundaries of the territory of each tribe. It is not possible in this place to give anything like a detailed account of all the turmoil of these years. Suffice it to say that the relations between the tribes were something like this : The Basuto built huts and grazed cattle in Sikonyela's territory ; Sikonyela burnt the huts, seized the cattle and in doing so killed Basutos. Moshesh, or rather his sons Letsie and Molapo retaliated, got back their own cattle as well as Sikonyela's and caused more bloodshed on both sides. Moletsani then recognising that this was not a private fight, but open to the public so to speak, joined in on the side of the Basutos, while the Korannas, Baralongs, half-breeds and perhaps Fingoes joined with Sikonyela. Then would come Major Warden from Bloemfontein with troops to restore quiet and persuade Sikonyela and Moshesh to shake hands. On one such friendly meeting Sikonyela took with him a thousand armed men while Moshesh took sixteen hundred. But peace was always evanescent and this state of things lasted for years.1 These native troubles were further complicated by the intrusion of Boers into that part of the country. As has been 1 For a further account of all this, as well as the History of the Basutos, vide Vol. I, Basutoland Records, also History of the Basutos by Ellenberger and Macgregor, and Sir Godfrey Langdon's Basutos, also Blue Book on Sovereignty matters printed May 19th, 1851. 174 BOER v. BASUTO CHAP, stated, Boers in the earlier years crossed the Orange river in order to find pasture for their cattle in times of drought in the Colony. At first the occupation was temporary, but after a time the places seemed to suit them so well that they remained. The parts into which they migrated being either uninhabited or at most only sparsely occupied, there was but little dispute between Boer and Basuto on land questions. The fertile and almost vacant regions of the Caledon river or Smithfield district attracted many. There they estab lished themselves, it would seem, with the permission of Moshesh. But that chief, some years afterwards, endeavoured to make it clear that in thus permitting them to reside there, he had not alienated the lands — that they were still his own. When he discovered that one Boer was selling a farm to another, he warned purchasers that the lands could not be sold. For some years there was peace and quietness, but at the time of the Great Trek and after, the number of Boers in those parts increased, so also did the numbers of natives. All established themselves wherever they chose, so that in time there was a Boer farm surrounded by natives and a native location surrounded by Boers. This gave rise to the usual cattle-stealing and a call upon Sir Harry Smith for some remedial measure. Besides cattle-stealing, however, the natives seemed determined to expel the Boers altogether. This was being done by crowding on to the farms, driving their cattle over the cultivated fields and destroying the crops, as well as by threatening behaviour. Mr. Vowe, the Civil Commissioner of Smithfield, reported on April 12th, 1849, that fifty-seven farms which had been granted uncon ditionally by Moshesh and which had long been in occupation were taken possession of by the Basutos and their occupiers driven forth. The natives, when expostulated with, said the lands had been merely lent, that Moshesh had no right to give away land which he held in trust for the people. It was thought that the panacea for all this anarchy was the laying down of boundaries between the different tribes as well as between the natives and Boers. As far back as March ioth, 1846, all the native chiefs even including Moshesh, unable to come to a mutual understanding on land boun daries, petitioned Sir Peregrine Maitland to appoint a com- THE NATIVES RESIST THE LAND COMMISSION 175 mission to investigate their respective rights ; they agreed CHAP. to represss all disorder pending the inquiry and to abide by the decision. But the Kaffir war of 1846 breaking out about that time, nothing was done. Now in 1848, the settlement of boundaries became the chief part of what was hoped to be the Sovereignty settlement. Moshesh, however, in the mean time, had altered his mind and had become determined to put every obstacle in the way of any boundary whatever ; he desired that the country should be one and that he should be paramount over all. Although so vague as to be not much better than no boundaries at all, those between the tribes gave but little trouble. It was the attempt to draw a line separating Boer from Basuto which taxed the ingenuity and patience of Major Warden, Mr. R. Southey and Sir Harry Smith. The first opposition was met with when, quite apart from the boundary between the two races, the land commission of the Caledon river district commenced to mark off the limits of the farms near Smithfield for the purpose of granting certificates of possession and assessing quit-rents. This measuring of farms, the setting up of beacons and the attempted enumeration of the native inhabitants were misunderstood by them. In their excitement they overthrew the beacons, put a stop to the work and declared that where Moshesh's skull lay the first beacon should be placed and that any attempt to make a boundary would result in a river of blood as wide as the Caledon. Their threats were not to be contemned, for besides having increased largely in num bers, they had become formidable in consequence of the facility with which they obtained guns and ammunition. The Basutos proved eventually that they could withstand even the onslaught of disciplined British soldiery with field guns and yet not come off second best. It was only in this Caledon river district where there was any difficulty in the inspection of farms. In the Winburg district, farther removed from Moshesh and the Basutos, Mr. Biddulph had carried on his land commission duties without let or hindrance. By September 30th, 1849, he had inspected 261 farms and assessed quit-rents to an annual value of £755. 176 BOUNDARY AGREEMENT SIGNED CHAP. In establishing a boundary line between the Boers and Basutos, the problem was to devise one which should inter fere as little as possible with those who were in possession of lands prior to February 3rd, 1848, and also to cause the removal of the least possible number of those who had taken places after that date. The farms or places of both races, however, were so intermingled that it was quite impossible to do anything without giving much dissatisfaction, and doing a certain amount of injustice, to many. The line adopted was that proposed by Mr. R. Southey.1 By it a large portion of country was cut off from the territory claimed by Moshesh and added to the districts of Bloem fontein and Smithfield. It is scarcely surprising, therefore, that Moshesh should not have been well pleased and that, on June 15th, he should have told Major Warden that boundaries were bad things and that the Basutos did not desire the Government to interfere in these matters. He showed such determined disinclination to agree to the pro posed line that Major Warden, considering there could be no peace until there could be some such line, wrote to Moshesh telling him the time had come when he was to declare himself friend or foe to the British Government. At this time, the Batlokoa under Sikonyela and the Korannas under Gert Taaibosch were in combination against Moshesh. It is said that Major Warden withheld the assistance he was asked to afford the Basutos until Moshesh consented to the proposed boundary and that it was under this pressure he signed it on October 17th. The French missionaries resident with Moshesh, having been appealed to by the chief before signing the instrument, sent a protest to Sir Harry Smith on his behalf. He had acted, so they said, under the intimi dation of Major Warden, who had threatened them with forfeiture of the good opinion of the British Government and a refusal to assist him against the hostile chiefs. They averred that in the event of the proposed line being adopted, 1 Roughly, the Southey line was from the junction of the Kornet Spruit with the Orange River to Vecht Kop, thence in a straight line to Jammerberg drift on the Caledon ; from there, past Kaffir Kop, to the source of the Modder river, near Paul Smit's berg, and thence to about where Sanah's post now is. All the country to the south and west of this line became part of the districts of Bloemfontein and Smithfield. Vide Basutoland Records, Vol. I, page 296. THE COUNTRY SETTLES DOWN 177 the people of a hundred villages would have to move across it CHAP. in order to be still under the rule of Moshesh. This was IV' shown afterwards to be an exaggeration as a" village " in some cases was no more than the huts of one family. The Rev. J. J. Freeman, a delegate from the London Missionary Society, who, in the course of fifteen months, had travelled all through wild, as well as tame, South Africa, and therefore felt competent to give his opinion on the intricate problems which had baffled those who had been in intimate contact with them for years, also protested against the boundary line. He wrote directly to the Secretary of State in somewhat scathing terms on the actions of Sir Harry Smith. He asked the noble lord to suspend his final decision on the Governor's policy with regard to the natives until there had been an investigation. He considered the Governor's procedure in the step he had taken to introduce order into Basutoland as radically unjust, ungenerous, cruel, unpolitic and un necessary. Circumstances necessitated that the Basutos, in consequence of their misdeeds committed over a wide expanse of country, should have the boundaries of their own territory clearly defined and that they should be compelled to remain within them. In course of time, these boundaries became more and more contracted until Basutoland was circumscribed by the limits in which we find it to-day. With the signing, by Moshesh, of the boundary agree ment of October 1 7th, the country settled down, for a time at least, to a condition of comparative peace. The natives who had occupied places within ten miles of Smithfield, in spite of their threats migrated to other parts. Mr. Rex was able therefore to set boundaries to the farms and to lay out a township. On November ist, the town lots were sold by public auction. The site for the township of Harrismith had already been surveyed and the building plots there sold by auction on the 3rd June previously. Thus the Sovereignty — later the Orange Free State — made a start with the four villages of Bloemfontein, Winburg, Harrismith and Smith- field. And that the country should more completely emerge from a state of chaos and be governed by some definite authori tative body, it was decreed by Sir Harry Smith that a Legis- vol. v 12 N 178 CONTINUED FEUDS AMONG NATIVES CHAP, lative Council for the Sovereignty should come into existence. According to a proclamation of March 14th, 1849, it was to consist — as it thereafter did consist — of Major Warden as president, the four1 magistrates and, as unofficial members, two burghers from each of the four districts. This Council was to meet, with open doors, once in each year in Bloem fontein for the purpose of carrying out the usual duties of a parliament, but the resolutions passed by the majority were not to become law until they had been approved and sanctioned by the High Commissioner. With regard to the natives, the Council was to uphold the reasonable and rightful authority of the chiefs and it was not to entertain any project by which the exclusive jurisdiction of any chief over his own people might be taken away or abridged. And to provide further for the proper administration of the country, there was also promulgated a long list of regulations connected with the laws and courts of justice, land tenure, licences, churches, schools, posts and roads. So that it would seem that all that was now necessary to ensure the development and prosperity of the country was peace and co-operation among those for whom all this was intended.2 But it was not to be. The native tribes were constantly at feud, robberies and counter-robberies accompanied by murders and retal iatory murders kept Basutoland in almost constant turmoil. In these native quarrels the Government thought it right to interfere and to protect one tribe against another, and in doing so to expect the Dutch inhabitants to come out on commando duty to assist. In this it was too often disap pointed. The Dutch seemed more inclined to allow the natives to settle their quarrels themselves without outside interference — others besides the Dutch thought the same. Added to this, the Dutch of the Sovereignty were not as enamoured with British rule as Sir Harry Smith persuaded himself that they were. Some even declared that they preferred that of Moshesh. Further the spirit of Pretorius was still rampant in the Sovereignty though Pretorius 1 As it was impossible for Major Warden to supervise the whole country and attend to magisterial duties as well, a Mr. C. V. Stuart was appointed to the office of magistrate of Bloemfontein. ' Vide Blue Book on Sovereignty matters, presented House of Commons, May 19th, 1851. THE SOVEREIGNTY ABANDONED 179 himself was far away over the Vaal and as far as we know, CHAP. was not concerning himself with these matters. But his signature forged by one Verwey and disavowed by Pretorius himself, was attached to a letter which was widely dis seminated among the people, urging them on to further trouble. With all this want of co-operation and the prospect of considerable expenditure of British money to maintain the Sovereignty, the Secretary of State became disgusted, and in 1854 it was abandoned and the country allowed to become the Orange Free State. But the details of all this as well as the intricate — and exciting — history of Basutoland must be dealt with in another place. It forms no insignificant part of the History of South Africa. CHAPTER V THE CONVICT AGITATION CHAP. The year 1849 opened with every promise of peace and v' prosperity for South Africa. Sovereignty affairs had apparently been settled on a satisfactory basis ; British Kaffraria seemed to have submitted to the new regime, albeit the weekly reports of thefts of cattle both from the colonists and among the Kaffirs themselves showed that there was still considerable activity in this respect ; Natal was endeavouring to start and develop a cotton industry and to encourage the arrival of the necessary settlers, and, although the East was still clamouring for separation from the West, there was now the prospect of the whole country being granted, at no distant date, the great privilege of its own Representative Government. Sir Harry Smith, at the zenith of his popularity, was the hero of South Africa as well as of Aliwal, though the equestrian statue had not yet materialised. He was a happy man, confident in the support and esteem not only of the general public but also of Her Majesty's Secretary of State. But amid all this serenity a dark cloud was rising, portending a coming storm. By March, rumblings, not so very distant, awakened general consternation and long before the end of the year the storm burst and the whole population, British, Dutch and coloured, was horror-stricken and continued in perfect unanimity to resist the attempt on the part of the British Government to turn their country into a penal settlement and thus relieve themselves of the worst undesirables from the United Kingdom. Such a calamity had been foreshadowed a few years previously, but by the prompt and strenuous opposition of the inhabitants, together with second thoughts on the part of Lord Stanley, the Secretary of State, the degradation of the Colony to that 180 THE CONVICT QUESTION 181 of an adjunct to the prisons of England was averted. It had CHAP. been proposed, in 1841, that soldiers who had been sen- V' tenced in India to long terms of imprisonment should be sent to Robben Island and then having expiated their wicked ness on that solitary spot, should be liberated on the mainland in the hope that they would have become reformed characters and good citizens. But petitions against this procedure from the inhabitants of Cape Town to the Queen and both Houses of Parliament had their due effect and the peccant soldiers found homes elsewhere. Again, in 1842, Lord Stanley, evidently still imbued with the idea of the reformative influence of the Cape, proposed to send out a number of juvenile offenders. These, it was thought and perhaps correctly, would, when removed from the sordid surroundings and evil companions, become worthy and useful members of the community. But again, in no uncertain voice, the inhabitants refused to consider the proposition and pledged themselves neither to harbour them not to employ them in any way. This scheme also there fore was abandoned. The third proposal to introduce convicts into the Colony from overseas was in connection with the construction of the Table Bay breakwater. The frequency of shipwrecks in the bay had impressed Sir Peregrine Maitland, no less than many others, with the necessity of proceeding with that important work with the least possible delay. As at that time all the available colonial convicts were engaged upon the great work of constructing main roads over mountain passes, the urgency of the matter induced Sir Peregrine to suggest to the Home Government that three hundred convicts should be sent out from England. Mr. Gladstone, who was then Secretary of State, approved of this ; but very considerately wished to know, before he sanctioned it, whether the measures would be welcome to the inhabitants of the Colony, as if such were not the case he would not entertain it. The Governor, in reply, was able to say that the matter had been brought before the Legislative Council and that they agreed to receive this additional supply of labour, provided there should be no intermingling of convicts with the inhabitants and that none should eventually be set 182 NEW SCHEME FOR CONVICTS CHAP, at liberty in the country. The old Amsterdam battery was available for their accommodation while engaged on the breakwater so that they could be kept within proper bounds. All this fell through, however, as the outbreak of the '46 war compelled attention to very different matters. During 1848 the convict question had become one of considerable difficulty in England ; all the more so as great turmoil in Ireland had led to the punishment of very many on charges of sedition and other offences against the State. The jails seem to have been full and the distant penal settle ments were revolting against the introduction of further numbers of criminals. The outcry was having its due effect. In 1840, the non-convict community of New South Wales had the satisfaction of seeing transportation to that country cease. In Van Diemen's Land, the evils produced by the increasing felon population had reached such a magnitude that, in June, 1846, the British Government found it time to pause and to suspend for two years further transportation to that place, and at the same time and for the same reason to break up the convict establishment on Norfolk Island. In 1847 the old form of conviction was entirely abandoned. In its place, a new scheme was advised whereby, during part of the " time," the prisoner was to undergo a process of reformation, and then during the remainder, as a reformed character, to be let loose among the inhabitants of some distant colony and to take his place on a footing of equality with them. More definitely, the first period consisted of six to eighteen months of separate imprisonment, the second term of from two to four years in associated labour on public works in Bermuda or Gibraltar and then, finally, to be removed as an " exile ' ' or ticket of leave man to one of the colonies. During this last period the supposed reformed man would be on full parole, though restricted to a particular part and at liberty to earn his own livelihood, but forbidden to return to England until the expiration of his sentence. In accordance with this, one of the countries which was to be, not only an asylum for convicts during the third stage of their punishment, but also, if those chose, their permanent home, was the Colony of the Cape of Good Hope. Earl Grey, who was now Secretary of State, informed Sir Harry Smith EARL GREY'S TWO LETTERS 183 of this intention in his despatch of August 7th, 1 848. But he CHAP. (Earl Grey) seems to have had his doubts concerning the V- success of this measure and to have acted in a most peculiar manner in connection with it. By his public despatch, he gave the colonists the option of receiving or refusing convicts. " If the inhabitants of the Cape of Good Hope," he said, " should be willing to receive men with tickets of leave, they will obtain the advantage of a supply of labour together with a probable addition to the funds applicable to general emigration or some other public object of importance. I should be glad, therefore, if you would ascertain, in the manner which may appear to you best suited to the purpose, how far this would be the prevailing opinion in the colony under your government, and if I should learn from you that the measure would be wished for, I would be prepared to take the necessary steps for including the Cape in the places into which convicts holding tickets of leave may be introduced." From this it would seem that he intended to wait until he received the Governor's answer before taking any further step. But, most extraordinarily, on the same day, August 7th, he sent a private letter to Sir Harry Smith of a very different tenor. Adverting to the difficulty of there being such a large number of convicts — a difficulty enhanced by the fact that no more could be sent to Bermuda or Van Diemen's Land — Earl Grey said, " I believe that we shall be compelled to make an Order in Council, declaring the Cape to be a place to which convicts may be transported, as by law we are enabled to do. I am very unwilling to take this course, which I fear will be very unacceptable to the colonists, but you must endeavour to reconcile them to it as well as you can." Then on December 21st, he followed this up by another private letter in which he announced " a ship has accordingly been taken up and a set of convicts are going to the Cape." ¦The " probable addition to the funds " mentioned in the first despatch had reference to the sums of money which convicts were to be expected to repay for their passages when they were in positions to earn their own living and which sums, instead of being remitted to England, were to be utilised in the Colony. 184 THE CONVICT SHIP " NEPTUNE " CHAP. " As by law we are enabled to do" an Order in Council v was promulgated on September 4th, 1848, in virtue of which, after the ensuing November 25th, New South Wales, Van Diemen's Land, Norfolk Island and the Cape of Good Hope were declared to be places to which convicts under the new system might legally be sent. As further justification for his action, Earl Grey told the House of Lords on February 15th, 1849, that the Cape of Good Hope, from the dispersion of the population over an immense district of territory, afforded peculiar facilities for the disposal of convicts, and as the demand for labour in that Colony was very great, he had little doubt that convicts might be sent there with advantage. He had lately received from the Governor, he said, an intimation that the announce ment that the Government intended to send convicts to that place had excited very general dissatisfaction among the colonists. But it appeared to him (Earl Grey) that this was a service which the colonists could render to the mother country without any real injury to themselves and which considering what this country had done for them, she was entitled to require. The colonists must bear in mind that during the last session upwards of £1,000,000 was voted by the British Government as an extraordinary grant for the expenses of the Kaffir War, in addition to the regular charges of that war, and he thought after making such sacrifices, that this country was entitled to require from the Colony a service which might be rendered without injury to its interests. As there had been great difficulty in finding means for disposing of the large number of persons sentenced to transportation, orders had been given for sending to the Cape from Bermuda 250 convicts, who had undergone a preliminary punishment and who were recommended for removal in consequence of their good conduct. Earl Grey was evidently not prepared to be baulked in his determination to send convicts to the Cape, for on February 8th, just a week before his speech in the Lords, the Neptune, a vessel of 643 tons register, sailed from Woolwich with 300 convicts on board. These were under orders to go to Bermuda and there to be replaced by others who were to be taken to the Cape. The Neptune arrived at Bermuda THE GOVERNOR'S ANNOUNCEMENTS 185 on April 5th, 1849, then, on the 22nd, with 286 of those who CHAP. were supposed to have been benefited morally as well as v* socially by their sojourn and industry in that distant island — among whom was the famous Irish political agitator, John Mitchel1 — the further five months' voyage to Simon's Bay was commenced. While this ship is at sea, and thus for a time lost to sight, it will be well to consider what was happening at the Cape in this connection. When, in November, 1848, Earl Grey's despatch of August 7th reached Cape Town, Sir Harry Smith immediately brought it before the Legislative Council and published it for general information in the Government gazette. At the same time he issued a Government Notice, according to which he (the Governor) desired to remove " an erroneous impression upon the subject of the introduction of offenders sentenced to transportation." His Excellency wished it to be understood that Earl Grey's communications related to two distinct points — separate in their nature and taken into consideration at separate times." A recent un official (private) communication of Earl Grey apprised the Governor " that it had been decided to send to the Colony a class of persons who, it was supposed, would speedily be sentenced in Ireland for political offences and that the necessary steps would be taken without delay. Being of opinion that the course of procedure indicated by Earl Grey in regard to this class of persons may have already been carried into effect, His Excellency deemed it right to inform the Legislative Council of the intimation he had received. He (the Governor) was profoundly opposed to the Cape of Good Hope being made a Penal Colony for ordinary felons, or for any beyond a temporary measure like the present." The excitement and resentment against the Colonial Office were not at this stage very violent. Most probably it was considered that the few, though numerously signed petitions 1 John Mitchel was the editor of a violently anti-British newspaper in Dublin called the United Irishman. He took a leading part in the Agrarian riots of 1848, when Ireland was suffering great distress in conse quence of the potato famine. The policy he advocated and which led to his being tried and sentenced to fourteen years penal servitude was that of holding the harvest for the Irish, of paying no rent or poor rate, of boycotting all those who did, of resisting distraint and eviction, and of arming the people against evictors and " harvest snatchers." 186 PETITIONS AGAINST CONVICTS CHAP, against the importation of convicts which were sent to England were sufficient answer to the question which Earl Grey was understood to ask and that there the matter ended. On November 18th the " inhabitants of the Cape of Good Hope " sent to the Queen a petition signed with 414 names and another to Earl Grey with 502 signatures. The Muni cipality of Grahamstown also sent a protest to Earl Grey. The tenor of all of them was much the same, namely, that petitioners had heard with pain and alarm the intention of Her Majesty's Government to send convicts to the Colony without first consulting the inhabitants ; they regarded with horror the importation of every description of convict, but especially criminals who had been convicted of treason and felony in Ireland — desperate men who had instigated the lower orders of their countrymen to acts of unparalleled wickedness and who, having shown that their presence was inconsistent with the welfare of their own country, should be let loose and dispersed in this. It was pointed out that in view of the vast extent of the country, the sparseness of its population and the impossibility of maintaining an efficient police force, convicts — men familiar with the vices and crimes of the dangerous classes of European cities — could commit every kind of villainy with impunity, destroy all sense of security and comfort and stamp disgrace and degradation on the Colony. As in 1842, the petitioners pledged themselves to have nothing to do with the convicts, neither to employ them nor give them any assistance. In transmitting these to England on December 19th, 1848, Sir Harry Smith said : " I shall not conceal from your Lordship that the opposition of the population of this Colony against criminals with tickets of leave will most likely be very strong as was the case when a similar proposition, but to a much more limited extent, was made by Lord Stanley in 1842." During the next four months nothing was heard of the transportation of convicts to the Colony. The late alarm was as the passing over of a threatening storm-cloud which had failed to burst and left the sky clear and serene. But the peaceful lull was not to last. A black cloud again darkened the horizon, but this time the storm thundered forth suddenly without warning. Towards the end of March, The Anti-Convict Meeting RUMOURS OF CONVICT SHIP 187 having their source in some English newspapers, rumours CHAP. of an approaching convict ship peopled by criminals spread with rapidity. And as rapidly did all the inhabitants of Cape Town rise and prepare themselves for a coming struggle. Li order to learn what truth there was in many of these reports, the commissioners of the Municipality of Cape Town wrote, March 28th, to Mr. Montagu, the Secre tary to the Government, asking him to give them any information in this regard which he had received from England. On April 4th they received for answer, that there had been no official information from England, but the Governor certainly had received an instruction from London which left no doubt on his mind that a number of exiles might shortly be expected to arrive in the Colony. This was enough. In an instant all business and other concerns of everyday life were, for a time, forgotten and the minds of all were filled with anger and indignation at what seemed to be the perfidy of Earl Grey ; that while pretending to wait for an answer to his despatch of August 7th, 1848, he had deliberately and knowingly played false with the Colony by sending out clandestinely the convicts then on the water. The next day, April 5th, there was a large public meeting and all were asked to sign the following pledge : " That having learned in violation of the pledge given by Earl Grey, he has resolved to convert this Colony into a Penal Settle ment, we declare we will not employ in any capacity or receive on any terms into our establishments any one of the convicted felons who are to be transported to our shores and turned loose among us. And we call upon the Government to protect the Colony against this sudden and unforeseen danger, to prohibit and prevent the landing at any port within the Colony of any such convicted felons and to convey to Her Majesty the expression of grief, shame and indignation with which this breach of faith on the part of the Secretary of State has filled every loyal heart." In justice to Earl Grey, it should be stated that it is by no means clear that he ever made any such pledge as he is accused of violating. Messrs. Ebden, Ross and Hendrik Cloete, unofficial members of the Legislative Council, besought the Governor to call an extraordinary meeting of that Council for the 188 EXCITEMENT THROUGHOUT THE COLONY CHAP, purpose of arming the Executive with power to prevent the V' landing of any convicts. The Governor, in reply, was happy to inform them that the power then invested in the Executive was fully competent to carry on the Government. The excitement and alarm of Cape Town spread imme diately and rapidly throughout the whole Colony. In every town and other place where a number of people could con gregate, public meetings were held and resolutions, some sympathetically suppliant, others defiant, were unanimously adopted. In some towns, e.g. Grahamstown and Fort Beaufort, elaborate platforms draped in funeral black were erected in the public square or market places, from which the crowds were addressed. The results of all these many meetings were numerous petitions which were sent to Sir Harry Smith for transmission to Earl Grey, the two Houses of Parliament, and to the Queen herself. During April and May no less than forty-four1 reached Cape Town from different communities — British, Dutch and Coloured — signed by thousands of people. As the sentiments expressed and topics discussed in all these speeches and petitions were much the same in character, it will suffice to give a comprehensive precis of them. It was maintained that the British Government had acknowledged the right of the people to be consulted before sending con- 1 Cape Town Municipality, Churchwardens of the Lutheran Church, Wesleyan Congregation, Cape Town ; Scotch Church, Cape Town ; In habitants of Grahamstown ; Ministers of Religion of Cape Town and its vicinity ; Dutch Reformed Church, Cape Town ; Congregation of the South African Missionary Society, Cape Town ; Lutheran Congregation of St. Stephen's Church, Cape Town ; Inhabitants of Port Elizabeth ; Dutch Reformed Church, Wynberg ; Congregational Church, Cape Town ; Native Independent Congregation, Kat River ; Inhabitants of Fort Beaufort ; Inhabitants of Sidbury ; St. Paul's Church, Wynberg ; Munici pality of Swellendam ; Churchwardens of Colesberg ; Congregation of Orphan House, Cape Town, Malay priests and their congregations ; Church wardens of St. Stephen's Church ; Inhabitants of Stellenbosch ; Congre gation of Trinity Church, Cape Town ; Municipality of Beaufort (West) ; Congregation of Union Chapel, Port Elizabeth ; St. Francis Church, Simon's Town ; Bishop of Cape Town and Clergy ; Wesleyan Church, Somerset West ; Inhabitants of Wellington ; St. George's Church, Cape Town ; Dutch Reformed Church, Paarl ; Inhabitants of Uitenhage ; Roman Catholic Bishops and Clergy ; Inhabitants of Worcester ; Inhabi tants of George ; Inhabitants of Cape Town ; Dutch Reformed Church, Swellendam ; Dutch Reformed Church, Mossel Bay ; St. Mary's Church, Port Elizabeth; Missionaries of Pacaltsdorp ; 158 Hottentots signed; English Church, Graaff-Reinet ; Wesleyan Missionary Station, Peddie ; Inhabitants of Cradock ; Missionaries of Elim. DANGER AND INSECURITY 189 Victs to the Colony, as the protests against the introduction CHAP. of juvenile offenders in 1842 had been heeded and the pro- Y' posed infliction stayed. After the refusal to accept Earl Grey's offer of August 7th, 1848, it was not doubted but that, as on this occasion, the scheme to send undesirables to this country would be dropped ; but now to their astonish ment and indignation, they learned that Earl Grey, with a perfect knowledge that it had been rejected by the people, had ordered such a measure to be enforced ; they were horror- stricken to find that under the specious name of " Exiles," the British Government had actually purposed to thrust a mass of moral corruption upon the people of this Colony, and to turn a free country of two hundred years' standing into a penal settlement, a refuse heap for the crime of England. This infringement of the rights and privileges of the colonists was fatal to peace and tranquillity and calculated to arouse disaffection to Her Majesty's Government and authority. " There was a time," said Mr. Godlonton in Grahamstown, " when submission ended and resistance began ; if anything could warrant recourse to physical resistance, it would be where an attempt was made to inflict upon them a moral injury of the character in question." According to many of these petitions, from the release of convicts who had been trained in European schools of vice and crime, the worst influences upon the less enlightened and insecurity and danger to persons and property were to be apprehended ; in place of the hitherto unlocked doors and unfastened windows, bolts and bars would be every where necessary, some houses (Cradock) were so slenderly built that even had they these so-called safeguards, the very walls would not keep out the professional burglar ; on isolated farms, husband would be afraid to leave wife and child. The petitioners were quite sure that when these people were again in circumstances where opportunities and temptations to the commission of crimes abound and especi ally where wines and spirits were so cheap, they would return to the practices which caused their banishment, and the mountains and bush of the wilder parts of the country would afford concealment to them and make arrests extremely difficult, even if there were an efficient police force in the 190 AGITATION AT PORT ELIZABETH CHAP, country. With regard to Earl Grey's plea that the colonists were in duty bound to receive convicts as a sel-off against the £1,100,000 voted by Parliament for the expenses of the Kaffir War, the petitioners maintained that this was unwar ranted by the facts inasmuch as the line of policy pursued by Her Majesty's Government towards the Kaffirs was in direct violation of the repeated remonstrances of the inhabitants of the Colony who, as they had no voice in the measures pursued and whose only share in it was protracted misery and loss of relatives and property, could not be held answerable for the results of such policy. Englishmen, in the event of the Cape becoming a penal settlement, would be in a peculiarly unfortunate situation. As the names of the convicts would be known only to the Government and as there would be nothing outwardly to distinguish them from the non-convict Englishman, all, unless well known, would be looked upon with suspicion, and even, so it was averred, when an English man returned to his own country and was known to have come from the penal settlement of the Cape, he would most probably meet with a chilliness arising from surmises as to why he ever went there. Everywhere and with perfect unanimity the procedure of Cape Town was applauded. It is interesting to note that in this early stage of the great convict agitation, Port Elizabeth forestalled Cape Town in an important particular. Besides agreeing not to employ or harbour convicts it was decided to hold up to public odium any captain or owner of transport who should be concerned in conveying ticket of leave men as well as any butcher or baker who should supply them with rations, thus foreshadowing by a week or so the advent of the Anti-Convict Association of Cape Town. But of all the speeches at public meetings, those made by the Hottentots of the Kat River Settlement were among the most interesting and certainly, unintentionally, the most amusing. A very large meeting of these coloured people, under the chair manship of the Rev. J. Read, junr., was held on the open veld at the Lower Blinkwater, about seven miles from Fort Beaufort. The proceedings were in Dutch and very lengthy. The following, however, is the gist of their views and senti ments : The kat river speeches 191 V. JACOBS knew nothing about this sort of people (con- CHAP. victs), but he could form some idea of what they must be like as he could remember the characters of both officers and men of the old Royal African Corps ; the conduct of these rooibaatjies (red coated soldiers) was so bad as to astonish even the savages of Kaffirland ; it was not so with the old Scotch regiment, the 93rd and 72nd, who were at the taking of the Cape ; they had the fear of God before their eyes and so were invincible in battle, but these people will destroy all morals and religious feeling ; we are hospitable and give shelter without pay, but when these people come we shall suspect every poor traveller and shut our doors to all Englishmen. VAN ROOYEN was of opinion that Lord Grey had not the welfare of this country at heart, is he a very young man who does not yet know how to govern ? he asked. The Quakers, Messrs. Backhouse and Walker, who had visited South Africa some time previously, had told them dreadful stories about the convicts of New South Wales. " I feel I cannot better describe their Satanic conduct," said van Rooyen, " than by referring you to what St. Paul says in Romans chap, i, verses 24 to 32, about the sinfulness of the heathen." ISAACS said that on the previous day he had spoken to an Englishman about convicts, he (the Englishman) was not a friend to the Kaffirs, yet he considered that convicts were ten times worse. " You may depend upon it," he said, " as the English are so fond of each other and would not feel so strongly against convicts if they were not so bad." CUIPIDO KLAAS deplored the loss of their church and the undoing of all the good which had been done. All this would result from the introduction of this poisonous fountains JOHN FLORIS asked, is Lord Grey a friend to the Colony ? is this looking after the Queen's Colony and her subjects ? Has Lord Grey ever tried any of these convicts as servants or grooms for his horses ? PANTSIE thanked the people of Cape Town for what they have done. God's word has made them (i.e. the Hottentots, not the people of Cape Town) free from sin. " We were wild like other Kaffirs, but God's word has made us meek as lambs. Lord Grey wants to make us like wolves and liars 192 RESOLUTION AGAINST THE CONVICTS CHAP, by the words and example of bad men, who are being sent v' to us because they are feared in their own country ; from what I hear of these men they are servants of the devil ; we shall speak to the heart of the Queen, she is a kind lady and a good mistress. No ! she will not force this thing on the country." BOSIE says : "I wish to speak two words ; no one must laugh ; you did not laugh when the Kaffirs broke out ; I stood by some of you and you looked very pale — full of care and thought — and the knees of many beat against one another. From what the English say, these men are worse than Kaffirs. The whole Colony must be like the links of the chain of a reim, acting as the Kaffirs do when they go into deep water — we must join hands for the water is deep. William Brass had been told that convicts were like dogs and some shades worse than the devil ; they were quite unserviceable (onbruikbaar). We pay taxes to keep our own bad people in prison and cannot take others ; we don't want old and ripe sin, it is like old wine which gains strength by being sealed up. Lord Grey says he gave plenty of money for the Kaffir War and that we must take back plenty of sin and crime ! Whoever heard of such trading ? The burghers did not use the money ; why did they send so many colonels and young officers to tumble over each other in Kaffirland ? Sir Andries Stockenstroom with the burghers and Col. Somerset with the Cape Corps would have finished the War in no time and at very little expense." The result of all these speeches was the following resolu tion : " That while the natives gratefully acknowledge their- indebtedness to the English for their civil liberties, the light of the Gospel and the blessings of civilisation, they cannot but look upon the arrival of convicts as detrimental to their morals, religion and loyalty." With this general rising of the people, a most awkward and unpleasant situation was being created for the Governor. His sympathy was with the people ; no less than they he abhorred the idea of turning his country into a penal settle ment. " I cling to the hope, bordering on conviction," he said in answer to the Grahamstown petition, " that a Minister like Earl Grey who has heretofore upon every GOVERNOR'S REPLY TO EARL GREY 193 point paid most devoted attention to whatever measures I CHAP. have laid before him for the benefit of the Colony, will upon this occasion when he receives my representations, accompanied by petitions, addresses and memorials with 8,000 signatures, no longer contemplate to degrade this Colony by rendering it a penal one." On the other hand, there was the Order in Council, which to disobey was tantamount to rebellion. Acting in good faith on the word of Lord Grey, that the transportation of convicts should be left to the option of the people, and having made public statements to that effect, he had now the mortification of discovering that one of the dreaded vessels was on the way to give the lie to this announcement and that he himself was becoming as much an object of public odium as Earl Grey. In a despatch, dated May 24th, 1849, covering a bulky consignment of signed petitions to Earl Grey, he said. " Adverting to your Lordship's despatch of the 7th of August, 1848, in which you tender as a boon to the Colony, Exiles with tickets of leave from Bermuda, and desire me to ascertain the feeling of the Inhabitants upon the subject, I have the honour to state, that I laid that despatch before the Legislative Council in the month of November last, as has already been reported in my despatch No. 211 of the 19th of December, 1848. I at the same time and nearly in the following words made it publicly known, ' That the measure was not to be forced upon the Colonists if they did not require this species of labour, that I should be open to receive suggestions from the public on the subject — that it was distinctly to be understood that it was a matter of profound free agency with the Colonists whether they would receive the men or not — -and that I had it in my power to consent to the arrangement, or to state the objections which might be entertained by the Inhabitants, which I have pre viously submitted to your Lordship.' The Colonists were violently opposed to the introduction of these convicts, having ever been most strongly hostile to the Cape becoming a Penal Settlement in any shape, a measure which they strenuously resisted in the time of Lord Stanley and again in that of Lord John Russell, who both conceded the point to them. They relied with confidence after your Lordship's vol. v 13 ° 194 THE GOVERNOR'S DIFFICULT POSITION CHAP, offer to send out these men as a boon, that it was a step which would never, without their consent, be resorted to. Your Lordship, however, without waiting for a reply to this despatch proceeded to carry out the proposition, and, although almost immediately afterwards the adverse opinion of myself and of the Colonists reached your Lordship, various ad dresses to Her Majesty, to your Lordship, is still resolved on enforcing this obnoxious measure, and that the Neptune transport may shortly be expected to arrive in this Colony. This, my Lord, places me in a most delicate and painful position, having pledged myself in the Legislative Council to the Colonists upon the base of your Lordship's despatch of the 7th of August, 1848. They naturally look up to me to fulfil that pledge, which it is now out of my power to do, and they have consequently got up numerous memorials, and addresses from every part of the Colony — from the Lord Bishop of Cape Town — from the various ministers and congregations of the Dutch Reformed Church and indeed from every religious persuasion. In fact, my Lord, the inhabitants of the whole Colony are so irritated and excited upon the subject, that they have resisted and are resisting this measure by every constitutional means within their power. They argue that although a ticketed exile may be a superior man among felons when he is neither at liberty to commit error, nor placed in a situation to resist temptation, the ordeal of his reformation is a very negative one, and although well conducted among the ill disposed that he would, when let loose upon an orderly and religious society, become a miserable member of it. . . . They also comment most particularly upon your Lordship's remark in the House of Lords that, ' As the Mother country had so liberally bestowed £1,000,000 upon the Cape for the ex penses of the Kaffir War, she was entitled to require from it a service which might be rendered without injury to its interests.' The Colonists observe that the enormous expendi ture during the war was neither judiciously nor economically incurred — that thousands of the inhabitants from every part of the Colony, even from its Capital were called out to the field of action, or rather inactivity as regards us, but of exultation to the barbarians. ... In your Lordship's seat A CASE IN POINT 195 in the House of Lords it is reported that you declared that CHAP. although you had lately received from the Governor of the Cape of Good Hope an intimation that the announcement that the Government intended to send convicts to that place had excited very general dissatisfaction, your Lordship still intended to carry it out. ... I am now, my Lord, placed in the painful position which I did not anticipate, consequent upon your Lordship's despatch of August 7th, 1848, I hope therefore, with some confidence, that your Lordship will, upon the receipt of this despatch and its numerous accom panying memorials and addresses, revoke a decision, which renders the Colony a penal one." Adverting then to the geographical features of the vast country, to the lack of magistrates and other facilities for the commission of crime by those evilly inclined, he mentioned that " some months ago, two convicts made their escape from New South Wales in a small trader, were landed in Cape Town without refer ence to the authorities, for which the Captain was fined in due course of law £50 and, being enterprising and daring villains, have with great cunning and acuteness, committed some of the most incredibly enormous excesses — some in Cape Town, some in the increasing village of Rondebosch — only five miles from it, where no one previously ever thought of fastening his door or window. " Up to this date, these two villains have evaded appre hension although they would be readily recognised by many whom they have robbed — they never took anything but money, of which they must have amassed a considerable sum. I am therefore induced to believe that they have escaped from the Colony. I record this to show the evils to which the scattered population of this Colony would be exposed were numbers of men of doubtful character let loose among them. I cannot close this despatch without expressing the firm reliance which I place upon your Lord ship's support. I again venture, with every degree of confidence, to hope that your Lordship's decision of rendering this Colony a penal settlement, so objectionable to myself and obnoxious to the inhabitants, may be revoked." In order to give effect to the perfect unanimity of opinion and to the determination not to permit the Cape to become 196 THE ANTI-CONVICT ASSOCIATION chap, a penal settlement, a most powerful combination called the Anti-Convict Association, came into being. It originated at a meeting of some prominent men in Cape Town,1 which was held in the Commercial Exchange on May 31st, 1849. Perhaps never in the whole history of the British Empire, has an association of unofficial and unauthorised people wielded so much power, so browbeaten the Governor of a Colony, so defied the British Government and, in the end, without loss of life gained that for which they fought as did the famous Anti-Convict Association of Cape Town. Its influence in the first instance at all events, extended without a dissentient voice, throughout the length and breadth of the land ; and contempt of its dictates or non-obedience to commands meant very severe loss if not actual ruin. As a commencement, every man was urged to join the Association, and to sign the following pledge : " That we hereby solemnly declare and pledge our faith to each other that we will not employ or knowingly admit into our establishments or houses, work with or for, or associate with any convicted felons sent into this Colony under sentence of transportation and that we will dis countenance and drop connection with any person who may assist in landing, supporting or employing such convicted felons." Everyone who thus became a member of the Association was to receive a certificate to show that he had been a resident before convicts arrived and therefore was not one of them. To those who came to the country after the arrival of convicts, certificates would not be granted until the captain of the ship which brought them out, certified that they had arrived as free persons, that is, not as convicts or ticket of leave men. These measures met with popular and general approval ; in every town and village in the colony the pledge was signed practically by all and branch committees of the Association were formed. The activities of the Anti- 1 Among the names of the thirty-eight gentlemen who took part in this first meeting of this Association and who afterwards played prominent parts in the subsequent proceedings were J. B. Ebden, H. Ross, J. Stein, E. Jerram, J. Fairbairn, H. Jarvis, H. E. Rutherfoord, T. Sutherland, W. Gadney, Rev. Dr. Adamson, and Prof. Chanquion of the South African College, and T. Ansdell. A MOTION IN THE COMMONS 197 Convict Association, however, were not restricted to the CHAP. colony. There was formed a sub-committee called the V' " correspondence committee," the function of which was to communicate with sympathisers in Great Britain, where a London committee was formed ; in Ireland, Holland, France and America, and to send accounts of all the Cape proceed ings to members of the British Parliament, especially to C. B. Adderley, Esq., M.P. for North Stafford, who had already espoused the cause of the colonists ; to Lord Stanley, to the Morning Chronicle, Spectator and Morning Herald. Thus Anti-Convictism became, for a time, a feature of the English press. Mr. Adderley, evidently much impressed by the appeals and remonstrances which he saw in the first batch of petitions and addresses, made the cause his own, thus he became a champion of the colonists. When he found that Earl Grey had gone so far as to order the Neptune to sail with convicts to the Cape, he moved the following resolution in the House of Commons : " That a humble address be presented to Her Majesty, praying that Her Majesty will be graciously pleased, out of consideration for the honourable pride and moral welfare of her subjects, the people of South Africa, to order that this hitherto un polluted colony may be spared the disgrace and affliction of being made a receptacle for the convicted criminals of the Mother Country, whether as prisoners, free exiles or holders of ticket of leave." He considered that Earl Grey was trying the patience of the people of the Cape in the same manner as England had done in the case of the American colonies and thus lost them ; he was convinced that the expenditure of British money on the war of 1846 founded no claim on the part of England to degrade the colony in the manner intended. In the end Mr. Adderley withdrew his motion. As he understood that if Earl Grey had not actually given a pledge that no more convicts should be sent to the Cape, he had at least said that any remonstrance from the colonists would be considered by the Government, he (Mr. Adderley) was satisfied. The phrase in the pledge, " That we will discountenance and drop connection with any person who may assist in landing or supporting convicted felons," was capable of a 198 "COMING UNDER THE PLEDGE' chap, wide interpretation ; and much to the disorganisation of the country and loss to individuals, a very wide interpretation was given to it. To supply anything to the military, naval or civil departments was interpreted as assisting the Govern ment in landing or supporting convicts ; hence contractors to the Government for supplies found themselves in the awkward dilemma of having either to suffer the penalties for breach of contract or to lose the support of the general public. To offend the Anti-Convict Association and thus " come under the pledge," as it was called, was a procedure which but few dared ; it meant that their names would be held up to public odium and no one then would venture to buy from, or to sell to, them ; in short, to be treated as if they themselves were convicts. This intimidation extended even to the Governor himself, who eventually came under the pledge and was threatened with starvation. While all this ferment was becoming more and more violent, there was still no definite official announcement that the Cape had been made a penal settlement by the Order in Council of Sep tember 4th, 1848, or that convicts had been sent. It came however. On June 15th, the Legislative Council was sitting and warmly discussing Earl Grey's policy, when the military secretary entered the Council Chamber and handed to the Secretary to the Government, a minute from the Governor in which it was stated that the long expected Order in Council had arrived and that Her Majesty had commanded that three hundred ticketed exiles were to be received in the Colony. At the reading of this, Mr. J. B. Ebden, one of the unofficial members, horror-stricken and mad with anger, started up and declaimed with all the vehemence of which he was capable. Matters were not improved by the Attorney- General giving as his authoritative opinion that no course was open to the Governor but to obey these commands. As soon as this became public, as it did almost instantly, the excitement, consternation and anger was very greatly increased. The pledge was now everything. The banks (viz. the South African, the Union, the Colonial and the Savings Bank) published notices refusing to do business with anyone who had not signed it. The Anti-Convict Association, supported as it now was by public opinion, had THE COLONISTS STIFFEN THEIR BACKS 199 the temerity to send a delegation to the Governor to tell him chap. that he must take upon himself the responsibility of sus- V' pending the publication of the Order in Council ; in short, that he was to do as he was bid by these irresponsible gentle men and to ignore the Order of Her Majesty in Council. Probably in all his Peninsular, Indian and other battles, Sir Harry Smith never found himself in so difficult and delicate a situation as he did when confronted by this Anti-Convict Association ; all the more so as, in his heart, he sympathised with them ; it might almost be said he was one of them ; while on the other hand, as he told the delegation, he had had forty-four years of experience in obeying orders and that now to do as he was asked was to disclaim the authority of the British Government, in fact to go into rebellion ; this, of course, he could never do. A fund was started to indemnify the Governor for any expense he might incur in sending, on its arrival, the convict ship to some other part. Up to June 30th, the subscriptions in Cape Town alone amounted to £3,550, and in Port Elizabeth £503. All uncertainty regarding Earl Grey's intentions was now at an end ; the colonists therefore realised their position and stiffened their backs to resist to the utmost the carrying of these orders into effect. A monster public meeting was held in Cape Town on July 4th, 1849. It took place outside the Commercial Exchange in the Heerengracht (now Adderley Street). Notwithstanding the cold and rainy day, some thousands of people, many of them from distances, stood for over six hours listening to the twenty-three speakers. All the ten resolutions were passed unanimously. The sentiments contained in them were chiefly variations of those which had been expressed in the many petitions. That proposed by Mr. Adv. Watermeyer and seconded by Mr. J. Stein was unfortunate, considering the disposition and sentiments of the Governor ; it was, "That the conduct of Sir Harry Smith in refusing to take upon himself the responsibility of suspending the publication of this injurious and degrading measure when he found the universal dissatisfaction which the proposal excited at the Cape . . . and his determination to carry out the measure in violation of a pledge to the colonists and in contempt of 200 A PETITION TO THE GOVERNOR CHAP, an opposition on the part of an injured and insulted people, proves that the Government of the Colony as at present ad ministered is wholly at variance with the just and inalienable rights of British subjects." Mr. Fairbairn proposed a most cordial vote of thanks to Mr. C. B. Adderley for his advocacy of the case of the colonists in the House of Commons. In this connection, the commissioners and wardmasters of the Municipality voted £ ioo for the purpose of presenting to him a piece of plate. And later, in honour of him, Cape Town's chief street, the Heerengracht, was renamed Adderley Street. The result of the great public meeting was the following petition to the Governor, dated July 9th and signed by 292 people. " We desire in the most respectful and dutiful manner to represent to your Excellency the perilous state into which Her Majesty's present ministers have plunged this hitherto tranquil and confiding community by pro claiming their beloved country a Penal Settlement, and by the measures now in progress for carrying out this injurious and degrading decree in opposition to the universal prayers and protests of all ranks and classes of the people. Your Excellency is now in full possession of their wishes and opinions on this subject and need not be reminded that they were induced by the most solemn assurances that those wishes and opinions would be decisive. Your Excellency issued those solemn assurances in the name of Her Majesty's Government, and by these they were for a time lulled into a false security and prevented from adopting those energetic measures in self-defence which would beyond all doubt have secured for them the interference of the Imperial Parliament and the shield of Royal Justice and Benignity. And now by the sudden promulgation of the Order in Council of the 4th September last and the announced approach of a cargo of felons from the polluted and polluting dungeons of Bermuda, they discover with astonishment that they have been deliberately deceived, that their wishes and opinions have been asked but not waited for, and when known utterly despised. They feel that they have been not only injured but insulted and disgraced before the eyes of all the world. Your Excellency need not be told what sentiments, DREAD OF DEFILEMENT 201 under such treatment, must spring up in the hearts of a CHAP. people who inherited freedom from their ancestors, and V' are determined to transmit it to their posterity. But they have a still deeper wrong to exasperate their feelings. Papers published by the Authority of Parliament reveal the hideous and revolting pretext for this hasty and tumul tuous discharge of criminals upon the Cape from the jails, hulks, convict transports, penal settlements and other dens and caves of moral death. The bare name of it robs the youthful mind of its privilege. But it has been blazoned to the world, and it has drawn the shuddering regard of mankind upon the very spot within the British Dominions which a blind and preposterous policy has converted into a penal settlement. And the wretched beings among whom this crime, not to be named, is declared to be ' prevalent, fearfully prevalent,' are to be received into this Colony and dispersed among families of the inhabitants. Official reports respecting the reformation and good conduct of these felons, ignorantly or intentionally false, have been issued from time to time, to delude the public and to reconcile the devoted colonists to their doom. But the truth, though it may be confidently affirmed not a hundredth part of it, has at last been dragged to light — and this is the truth. The people of this land know it, and therefore it is no longer possible to disperse those masses of defilement throughout the districts of this Colony, unless military violence first convert them into deserts. But it is reported that your Excellency proposes to make public a formal offer of these felons' services to the people of this country and that it is your Excellency's in tention to keep them, if not applied for, in a vessel or hulk in Simon's Bay for some indefinite period, until Her Majesty's pleasure — that is, the pleasure of Her Majesty's ministers who have wronged us so deeply — shall be known ! From long residence here and by familiar intercourse with our fellow colonists, we know enough of them to view such experimental trifling with the natural affections and best feelings of a peace-loving, simple-hearted but brave and resolute people with intense alarm. They cannot know what villains may not exist in their neighbourhood, by whom such offers will be accepted. They cannot know that the ' Experiment of 202 THE GOVERNOR'S REPLY CHAP, dispersion ' is not every day in progress. It is impossible v' for them to ascertain the truth. Under the threat of so horrible an injury, they will therefore believe the worst; under all the circumstances of the case it is impossible for the isolated families of the interior to relieve their minds from this fear, or should it be possible to believe that the festering mass of sin is still confined to the floating den, is it not an unpardonable injury to keep for months before the minds and imaginations of the colonists of all ages, a daily and hourly remembrance of what ought never to be known, it is as unpardonable an injury as if an obscene print were ordered to be suspended in every school or exhibited on every playground. We therefore once more, as men, as Christians, as British subjects, implore your Excellency to spare this people. Do not drive them to despair. Do not inflict upon them injuries which time cannot redress. They cannot submit, the blood from which they spring forbids it. Our humble prayer is that your Excellency will be pleased to decline to receive or to take charge of the ship Neptune with her freight of crime — that you will send her away." To this the Governor sent the following answer : — " GENTLEMEN, — I received your letter of the 9th instant, yesterday evening, the ioth signed by 292 gentlemen of this city and its neighbourhood. You are aware of my sentiments upon the Convict question, and I assert that no individual has done so much as I have done, and will continue to do, to retrieve the Colony from the odium of being a Penal Settlement. Although you have given forth to the world that • I stand pledged to the Colony that no convicts shall enter it, this is a most determined misrepresentation of my remark in Council when I laid before it the first letter from Earl Grey, desiring me to ascertain the feelings of the people, whether they would receive, as a boon, men whose period of punishment was nearly completed. My observation on that occasion was to the following effect : ' That the proposed extension of the arrangement to this Colony was not to be forced upon the inhabitants, if they did not require this species of labour, and that it was to be distinctly understood that it was a matter of profound free agency with the colonists A GOVERNMENT NOTICE 203 whether they received the men or not.' Upon this you CHAP. ground your expression, ' Deceive the Local Government.' How ? I was at that time as ignorant of the existence of any Order in Council, a Law (requiring no local publication to make it so) which at once rendered this Colony a Penal Settlement, as you were. I have now fully ascertained the weight of opinion of the people throughout the Colony, which centres in the Petition that I would not land these convicts, and I am acordingly preparing to keep them afloat in Simon's Bay until I receive from Earl Grey further instruc tions as to their final disposal, for which I have some time ago applied. Your request, Gentlemen, however desirable may be its object, that I would send the Neptune away on her arrival, naturally induces the question, where to ? A little cool reflection will indicate that such a proceeding is totally out of my power. I may observe that a system of intimidation has been employed, threatening, the unofficial members of the Council thereby evincing a desire to thwart the measures of Government on subjects totally unconnected with the convict question." Besides this answer to the Anti-Convict Association, the following Government Notice, dated July 9th, was issued for general information :¦ — " It having come to the knowledge of the Governor, that a combination has been formed among certain persons residing in Cape Town, for the purpose of preventing con tractors supplying the Government with food and other necessaries for the convicts who are shortly expected to arrive in the Colony, and that the same combination has been employed to prevent gentlemen from accepting the vacant seats in the Legislative Council, whereby the necessary business and legislation of the Colony will be seriously impeded, the action of the Colonial Government obstructed, and many private persons injured in their lawful trades and occupations ; and it having been further represented that some of the Banks in Cape Town have likewise combined for the purpose of refusing the usual accommodation and assistance to such contractors, and to any gentlemen who may accept seats in the Legislative Council, with a view to 204 DISSATISFACTION chap, embarrass, distress and injure such persons ; His Excellency feels, though with great regret and reluctance, that the time has arrived when it becomes incumbent upon him to step forward and assist these persons who are likely to suffer from such combinations." Then follows as a temporary measure, an offer to lend to such persons money from the Colonial Treasury at five per cent. As might be expected, the Governor's letter and public notice gave no satisfaction to the Anti-Convict Association. In answer to both he received the following, dated July 16th, signed by no less than 682 individuals : — " Sir, — We have received your Excellency's reply to our address of the 9th and have let some days pass before acknowledging it, partly from pressure of events and partly from the hope that your Excellency would have been advised to withdraw some expressions in it that are felt to be uncour- teous and not to be excused by anything contained in the address itself. Your Excellency's words are these : ' You have given forth to the world that I stand pledged to the Colony that no convicts should enter it — this is a most determined misrepresentation of my remark in Council, when I laid before it the first letter from Earl Grey.' The only passages in the address to which your Excellency can be supposed to allude will be found on examination to charge Her Majesty's present Ministers with the grave offence of having ' deliberately ' deceived the people of this country by ' solemn assurances ' issued by your Excellency in the name of Her Majesty's Government, that the wishes and opinions of the Colonists would be decisive on the question of using this Colony as a Penal Settlement, and that such assurances were issued, your Excellency has stated in your letter to Earl Grey on May 24th last in these words : ' having pledged myself in the Legislative Council to the colonists, upon the base of your Lordship's despatch of August fth, 1 848, they naturally look to me to fulfil that pledge, which it is now out of my power to do.' Trusting that the courtesies of official intercourse have in this instance been overlooked only through inadvertence, we proceed to observe that your Excellency's intimation that you are ' preparing to keep STRONG PROTESTS 205 the convicts expected by the Neptune afloat in Simon's CHAP. Bay until you receive from Earl Grey further instructions as v' to their final disposal,' has given us intense pain and in our opinion cannot fail to increase the just alarm now universal throughout the Colony. Sir ! Earl Grey has deceived us. He has made you, a gentleman, a soldier of spotless honour — and the Representative of the Queen — the unconscious instrument of deceiving a whole people. He has led you to make pledges before the world, which he deliberately puts it out of your power to redeem. We therefore say that we will not trust him. To keep these convicts, holding tickets of leave, afloat in a bay within the Colony, as close prisoners in a hulk, is impracticable, as your Excellency's legal advisers ought to know ; and were it practicable, it would be perni cious both to local and Imperial interests — to the peace, good order and welfare of this community, which with our gracious Sovereign, when properly advised, will ever be esteemed of paramount consideration. And what at the end of many months may be Earl Grey's instructions as to the future disposal of these men holding tickets of leave or conditional pardons ? Should his Lordship order you to land and disperse them according to his original instructions — or should he issue to them free pardons, and direct you at once to set them at large, as he has done in the case of Port Philip and New Zealand, has not your Excellency taught us to expect that you would obey him ? Sir ! the colonists cannot endure this in silence. They protest against it. They certainly will not tamely submit to it. To our earnest request that you would send the Neptune away, your Excellency replies by the question, Where to ? intimating that such a proceeding is totally out of your power. We believe that your Excellency will, upon reflection, perceive that to send the vessel away is as much in your power as to detain in close confinement in a hulk, men entitled to the ' privileges ' and ' freedom ' included in ' tickets of leave ' or ' conditional pardons.' The one is as clearly beyond the letter of Earl Grey's instructions as the other is clearly implied in the spirit of your commission. As to the destination of the ship when sent away, we would not have obtruded an opinion unless your Excellency had asked for it. We see but one proper destination for her. 206 SEND THE "NEPTUNE" BACK TO ENGLAND CHAP. Earl Grey has deceived you. He has offered you the gross V- indignity of making you the instrument of deceiving the people among whom you represent the person of the Sovereign. He has instructed you to insult a loyal and unoffending people, and to injure and degrade a country which you are bound by your allegiance and the most solemn oaths to protect and elevate. Under these circum stances your course is perfectly clear, and it is one which will for a certainty obtain Her Majesty's approval, when duly informed of its necessity, as a contrary course will give Her unmingled pain and regret. It is to send back the Neptune to England, with such reasons for your deter mination as the peaceful but invincible repugnance of the colonists to receive her cargo upon these shores or within the waters of this country, as they have already supplied you with, and will continue to supply till the danger is past — and which will satisfy Her Majesty and every member of the Government that you have acted in a manner worthy of your own character, and with a due regard to the dignity of the Sovereign whom you have the honour to serve and whom we all love and revere. Your Excellency further observes that a system of intimidation has been employed threatening the unofficial members of the Council thereby evincing a desire to thwart the measures of the Government on subjects totally unconnected with the convict question. To this we would respectfully reply, that the convict question is connected with every question that can come before the Council — with the Public Money, the Public Works, the Education, Religion and liberties of the country, and we would not conceal from your Excellency our apprehension founded on our knowledge of the quick perception and high spirit of the people that if any person accepts or retains an unofficial seat in the Council as at present constituted, without doubt, he will be starved." This was no idle threat. On July 9th, the Association resolved that any person accept ing or retaining a seat in the Legislative Council as an unofficial member is indirectly assisting in the introduction of convicts and, consequently, will come within the scope of the pledge. There were, at this time, three vacancies in the Legislative Council due to the resignations of Messrs. MR. LETTERSTEDT ASSAULTED 207 Ross and Harries and the death of Mr. van der Bijl. To chap. fill these distinguished and honourable places, a Mr. J. Letterstedt — a wealthy merchant in Cape Town — and Messrs. P. L. Cloete and A. de Smidt were appointed and were formally sworn in when the Council met on the ioth. They did not enjoy the honour for many hours however, for had they been unaware of the above resolution of the Anti- Convict Association on the morning of the day when they were sworn in they became fully convinced of its existence before the evening of it. At the end of their first day's sitting, they discovered that there was a large crowd of people outside the Council Chamber waiting to give them some sort of reception and that, apparently, not a very friendly one. Mr. Letterstedt has left us the best account of the kind of public recognition which was accorded to these three would-be legislators. He tells us that at the close of the meeting he was waiting in the chamber, while some papers were being fetched for him, when a messenger rushed up the stairs and told him there was a hostile mob outside waiting for him. Proof of this statement was the noise of many feet ascending the staircase and making for the Chamber ; their further pro gress, however, was barred by the closed and fastened door. As the Attorney- General entered the Chamber, Mr. Letterstedt, trusting to the awe such a high and legal official might be calculated to inspire among the crowd, decided to emerge into the street under the protection of that great man's wig, so to speak. In this, however, Mr. Letterstedt miscalculated. When, in company with the Attorney-General, he reached the doorway of the Judges' Chambers in the courtyard, he received, from some person unknown and unidentified, a blow on the side of the head. Two gentlemen then did their best to protect him, but could not save him from the next blow which he received in the neck by a large stone. Amid the hooting, hissing and mud- throwing, he eventually reached, as a haven of refuge, the South African Club House in Plein Street, where he remained until some mounted police scattered the crowd. Having reported the matter to the Governor at Government House, Mr. Letterstedt was driven to his home at Rondebosch. 208 COUNCILLORS " UNDER THE PLEDGE " CHAP. This was only the beginning of his troubles. During the V' evening, a large crowd collected on the parade when, amid yelling and execration, effigies of the three new members of Council were burnt. This apparently not appeasing, but rather increasing, Anti- Convict anger, attention was directed to the destruction of the property of the unpopular men. Mr. Letterstedt had machinery, general stores, wheat, house and other property in Cape Town itself to the extent of £25,000 — also a large brewery at Rondebosch. All the doors and windows of three houses and a store belonging to him and also those of two houses belonging to Mr. de Smidt were smashed. Expecting that damage would also be done to his property at Rondebosch, Mr. Letterstedt appealed to Mr. Montagu, the Secretary to Government, for protection. In answer to this, an officer and thirty men were sent to that distant place to guard him as well as his property. The next day, he endeavoured to get some carpenters and glaziers to repair the damage done to the Cape Town property, but none dared to have anything to do with him as he was " under the pledge," nor, for the same reason, could he get any labourers to assist in unloading coal from a ship which was then at anchor in the Bay. The municipal authorities also ostracised him ; they cancelled a contract which they had made with him, to pave one of the Cape Town streets. Mr. Letterstedt suffered much at the hands of the Anti-Convict Association. He brought a legal action against them and claimed £5,000 damages, but, for reasons which will yet appear, he got no satisfaction. On the ioth July before the meeting took place, Mr. J. B. Ebden resigned, and was able now to throw all his energies into his duties of Chairman of the Anti-Convict Association. During the following week on the nth, 12th and 17th July respectively, Messrs. Cloete, Letterstedt and de Smidt found it expedient to resign their seats in the Legislative Council. There was, however, one unofficial member who refused to resign his seat, in spite of all the brow-beating of the Anti-Convict Association. This was Mr. William Cock, the Eastern Province member. He defied and laughed at the Association as a body of a few men who, intoxicated with a little temporary popularity, was endeavour- GOVERNMENT AT A STANDSTILL 209 ing to cast odium upon the Governor at the very time when he chap. was exerting himself to his utmost in their interest.1 From v- the first he came under the pledge, but the consequent threat of starvation caused him but little concern as he had his own well-stocked farm and other property, at the Kowie.2 As will be seen, the extremes to which the Anti-Convict Asso ciation went gave rise to a more moderate and reasonable party, which may be called the Anti-Anti- Convict Association. Under the circumstances, Sir Harry Smith decided to make no further attempt to fill the vacant seats in the Council until the convict question was settled. Hence, as matters stood, he was unable to get passed any important ordinance or the estimates for 1850. The Government, in fact, was at a standstill and the Anti-Convict Association was victorious. At the end of July the Association expressed its dissatis faction with the communications which had been received from the Governor. It was felt that if he received the necessary instructions from Earl Grey he would cause the convicts to be landed. Mr. Ebden therefore urged on the agitation. The matter was in their own hands, he said, and they must rely upon themselves for protection and safety. From his own personal knowledge he could say that the country people were with them and therefore they had it in their power to starve anyone who infringed the pledge. Opinion on the starvation policy was divided. Mr. Prince did not consider it practicable to starve the guilty without inflicting injustice on the innocent ; for his own part he was prepared to live on fish and rice. Mr. Robertson disagreed. Fish and rice might be all very well for Mr. Prince, who was more corpulent than he (Robertson), but it would not suit him ; moreover, when the snoek came to know that 30,000 people were going to subsist upon them, they would forsake 1 In answer to one of the petitions from Grahamstown, Sir Harry Smith said : " You very justly remark upon my known aversion to see this Colony constituted a Penal Settlement. I have already exhausted every argument I can adduce tending to show the evils which must arise if men of immoral habits are dispersed throughout this Colony." * He had his own coasting vessel which plied between Cape Town and the Kowie. During this excited time, he had been refused provisions, as he was " under the pledge." However, to show his independence and that he was not so badly provided as many thought and hoped, he sailed away from Cape Town, with legs of mutton dangling from his masts. VOL. V 14 P 210 THE MODERATES CHAP, the Bay ! In the end it was agreed that the pledge must be enforced to the last extreme of its meaning and intention and that the names of all individuals who acted in opposition to the vital interests of the Colony by violating it shall be published in all Colonial newspapers, except the Grahams town Journal and Sam Sly's Journal. This slight to the Grahamstown Journal is accounted for by the fact that Mr. Godlonton was the leader of the more moderate party in this agitation. He, and those with him, disapproved of the drastic measures of the Cape Town party. The moderate policy was to wait and see what would be the result of the numerous petitions of the inhabitants and the appeals of the Governor to Earl Grey and in the meantime to refrain from any embarrassment of the Governor by starvation of the services, intimidation of members of Council or — in short — creating anarchy ; such courses, they con sidered, could only be prejudicial to the cause all had at heart. But should it become clear that Earl Grey continued to insist upon a convict invasion, then they, the moderates, would be prepared to join the others and resist to the last. Continuing their headlong course, the Anti-Convict Association, on September 4th, resolved that no contract of any description should be entered into for the supply of anything to the military, naval or civil departments until the Order in Council was rescinded. Mr. J. B. Ebden, the Chairman, thus became an autocrat to whom practically all commerce, or at least, all that in the Western Province, had to bow. Many individuals had already signed and were fulfilling contracts, but now they had to stop all supplies, and found themselves in serious difficulties. Mr. de Wet of Simon's Town, for instance, had contracted to supply the naval department with meat and vegetables. In view of the fiat of the Association he applied to Mr. Ebden to know what his position was. He was told that he must break his contract and that the Association would hold itself responsible for any fine he might thereby incur. Morkel and de Villiers were cattle dealers who supplied cattle to de Wet and other butchers. De Wet applied to them for cattle but was told that he could not have any unless he gave an undoubted assurance that none of the meat would be THE "NEPTUNE" AT SIMON'S TOWN 211 supplied to convicts. They feared that should they themselves CHAP. come under any suspicion of having sold cattle to a non- pledged person, or to a pledge-breaker, the farmers, also fearing the pledge, would refuse to sell to them. This plan evidently did meet with trouble for they had to apply to the Association for some indemnification for loss of business and impending ruin. They had made large purchases from the farmers and given bills which had been discounted by the banks ; when these became due they were unable to meet them in consequence of the partial stoppage of trade. An individual in Worcester, ardently in favour of the pledge, had lived chiefly by supplying commodities to the navy, now finds his business at an end and his creditors rampant ; he appeals for assistance in support of a wife and family. And so on in other cases. During the first half of September there was an appreci able lull in anti-convict activities, in fact, in some quarters, in default of any more definite information, it began to be doubted whether the Neptune was really bound for the Cape. All the same, however, the Association appointed a sub committee, called the " Vigilance Committee," the duty of which was to be stationed at Simon's Town, to spy and keep watch on all suspected of infringing the pledge and to report, as occasion arose, to the main body. Affairs generally were approaching the normal and excitement was waning when, as if suddenly overwhelmed by a shock of earthquake, the whole of the Cape Town — or rather Peninsula — community was, on September 19th, thrown into the wildest consternation by the news that the Neptune was actually beating up into False Bay and approaching Simon's Town. She came to anchor at ten o'clock that night. Before midnight a depu tation from the Association was on its way to Simon's Town. The next morning at daybreak, the fire alarm in Cape Town heralded forth the terrible news and then the bells of the Dutch Reformed, Anglican and Lutheran churches added to the gloom by tolling dismally. All business was at a standstill — a death-dealing plague seemed to have smitten the place. The commissioners of the Municipality held a special meeting at ten o'clock. They sent the following letter to the Governor : 212 A PUBLIC MEETING AT CAPE TOWN chap. " Town Hall. September 20th, 1849. SIR, — The Neptune, with her cargo of convicted felons having arrived in Simon's Bay, the commissioners and wardmasters for the Municipality of Cape Town, now in the Town Hall assembled, once more address your Excellency, praying, as the people have determined that the convicts must not, cannot and shall not be landed or kept in any of the ports of this Colony, and, as the Board rely upon your Excellency's often expressed desire to promote the well-being of the colonists, that the Neptune may be ordered, after revictualling, to leave our shores — thus to remove the cause of anxiety now prevailing and to obviate the evil consequences which may result therefrom, and for which your Excellency would be held responsible ; and as the people are anxiously waiting for a decision, your Excellency is respectfully requested to communicate the same as early as possible." To this the Governor answered the same day as follows : " His Excellency has already apprised you and all interested in the subject that it is his intention, in the exercise of the discretion which His Excellency finds, as he antici pated, is by law reposed in him, not to relieve the Surgeon Superintendent of his charge of the Neptune, pending the receipt of the replies to the several despatches upon the subject which have been addressed to the Secretary of State and which may be reasonably expected in a month or six weeks ; in the meantime the Neptune will ride at anchor in Simon's Bay as in the case of any other ship. His Excellency desires me to express his deep regret at the tone and style of your communication, which circumstances may in some degree excuse, but which they certainly do not justify." On the next day, September 21st, a public meeting of the inhabitants of Cape Town was held in the Town Hall when this letter, although addressed to the commissioners of the Municipality, was answered by Mr. Ebden, as chairman of the Anti-Convict Association. After expressing regret at the Governor's decision to keep the Neptune for a time in Colonial waters, Mr. Ebden said that the inhabitants felt compelled by a sense of duty to themselves and their country THE GOVERNOR'S REPLY 213 and justified in the sight of God to put into immediate CHAP. operation those means of self-protection which were ex- pressed in the pledge, one of which was that they will drop communication with any person who should assist in sup porting convicted felons — and that these words included all departments of Government . . . until supplies were re quired to enable her to prosecute her voyage. " Your Excellency must be assumed to be perfectly aware that the present Secretary of State has justly forfeited the confidence of the people of this Colony and that want of confidence makes it totally impossible for them to wait patiently for his determination as to the final disposal of the convicts. What ever his determination or future instructions may be, the inhabitants have resolved that the convicts shall not be admitted into this community. The result of waiting for such instructions will be that the prisoners will be sent away after a lapse of months passed on board the ship, which must be added to the months they have already been afloat and the months required for their future voyage." Hence in justice and mercy to these unhappy men, those exposed to lingering misery by the neglect and bad faith of the Secretary of State as well as in justice to an insulted, injured but unoffending and loyal people, Mr. Ebden asked the Governor to give relief to all by sending away the convicts with the least possible delay. The Governor answered this promptly by a long printed notice, bearing date September 22nd, which was distributed to all concerned. The following is an epitome of it : His Excellency said that he found nothing in Mr. Ebden's letter which materially altered what he had so repeatedly urged and declared his inability to carry out. It pained him to perceive that the common cause was being endangered by demands which no Government could concede and supported by threats to which no Govern- - ment could submit. He reminded them of all the legal steps which he had taken to meet their wishes and that they had responded by continued attempts to force him into illegal measures. He pointed out that, while in Simon's Bay, the convicts are legally confined. But once outside the con fines of the Colony without proper authority they are illegally confined, and men illegally confined may, by law, if they 214 THE GOVERNOR WILL DO HIS DUTY CHAP, cannot otherwise regain their liberty, take the lives of those V' who unlawfully confine them. Any soldier or sailor who, in repressing convicts illegally confined, should kill one of them would be guilty of murder. His Excellency had no " ample power," " warrant " or " instructions," such as the Anti- Convicts ascribed to him, to move the Neptune one cable's length out of Colonial waters. He could not recognise the novel, unconstitutional and most dangerous doctrine that the Secretary of State is to be considered as an individual, exercising independent action and not as the organ of the Sovereign. To ask His Excellency to attempt to put it out of Her Majesty's power to exercise her pleasure with regard to these convicts in one particular is to ask the Queen's Representative to disobey and affront her authority. Were the course proposed ever so well calculated to serve the end in view, every sound principle and every solemn duty would withhold him from adopting it. With reference to the pledge and its accompanying threat, the Governor was of opinion that no right-minded man would deny that the recognition of such a principle might tend hereafter to arm for purposes of social tyranny and oppression the hands of any majority which has an end to gain ; the originators of this pledge are going beyond what at first was contemplated, and may in the end find they have gone too far ; the subscribers thought it no violation of good feeling and good taste, deliberately to tell His Excellency that if any gentleman should take office as a Legislative Councillor without doubt he would be starved. It is now contemplated to starve a number of Her Majesty's subjects because Her ' Majesty's Representative will not go beyond what his conscience and duty dictate ; should an attempt be made by means of combination and intimidation to deprive of necessary food a portion of the public guilty of no other crime than that of obeying their lawful orders and peacefully performing their allotted service, it will become His Excellency's imperative duty to employ the means at his disposal for the purpose of counteracting a course of proceeding, so discreditable, illegal and inhuman. The Neptune now actually in False Bay, the Cape Town Anti- Convict Association was face to face with the evil which all dreaded. The time for the predetermined action THE "MODERATES" AND "ULTRAS" 215 had arrived. A meeting of the Association was held this CHAP. same day, September 22nd, when, in consequence of a wide difference of opinion as to the interpretation which was put upon the intention of the pledge, a want of unanimity and an indication of the disintegration of the Association became manifest. A party, known as the " moderates," considered that they were called upon to refuse to assist or to employ convicts after they were landed as well as to make times bad for the Government departments or any who were instrumental in their landing ; but until the final decision of Earl Grey was received and while the convicts were afloat, they considered it would only be right and just to supply them with all that was needful. The " ultra " or violent party advocated immediate starvation for all who were either directly or indirectly connected with the Government — the Naval and Military departments as well as the whole of the Civil Service, from the Governor down to the lowest clerk. The chairman, Mr. J. B. Ebden, Mr. H. E. Rutherfoord, the Rev. Dr. Adamson (of the South African College) con sidered such procedure as highly immoral and unjust, it was imposing evils as a punishment upon people who were as determined to do everything in their power to promote the objects of the Association as were the more violent. Why for instance, they asked, should the Registrar of Deeds, the Civil Commissioners of far away Cradock and Colesberg and every gaoler, messenger and other poorly paid civil servant be starved ? Many who had signed the pledge declared that they would not have done so had they known this to have been the original intention. The " ultras," however, had the majority of support and prevailed. At another meeting, held a few days afterwards, namely on the 28th, Dr. Adamson proposed and Mr. H. E. Rutherfoord seconded " that the evidence now before the public is such as ought to satisfy the people that the Governor, Sir Harry Smith, will never be instrumental in the landing of convicts in this Colony ; that the peace and welfare of the Colony imperatively demand that the operation of the pledge should now be confined to such persons only as at present or any future time should be found to aid in landing, em ploying and maintaining any convict if landed ; that the 2T6 EXTREME MEASURES PROPOSED CHAP. Association should use its influence to induce the people to V' suspend all further agitation and peaceably to resume their respective occupations ; that the Governor having stated or pledged himself not to land any of the convicts until he receives the despatch from England and it being wholly out of his power to send them away, the Anti-Convict Association is therefore of opinion that a great object has been obtained in being relieved from the apprehension of having any convicts landed here until the case has been brought before the British Parliament and people ; that all further local opposition should at present be suspended, since to force the Governor to act illegally has never been the object of this Association and would only imperil the cause they have at heart." On this being put to the vote, thirty-two were in favour while forty-three were against it, that is, there was a majority of eleven who insisted upon the Governor acting illegally and advocated starvation of the many. Mr. Ebden, the hitherto great anti-convict champion, now resigned from the Association, so also did Mr. Rutherfoord and some other prominent members. Mr. John Fairbairn, the editor of the Commercial Advertiser, then became the leader of the ultra party and wielded the power of a dictator whose word was law. On October nth he increased the very grave evil of the situation by a resolution which was not only carried but promptly acted upon. It was " that it is the duty of all good and loyal subjects at once, from this day, to suspend all business transactions with the Government in any shape, or on any terms, until it is officially declared that the Neptune with the convicts on board shall go away as soon as all necessary supplies for her voyage can be put on board and that all intercourse and connection between private individuals and His Excellency and heads of the Victualling departments shall be dropped from this day, the merchants, auctioneers, bakers, butchers, shopkeepers and all other good and loyal people dealing only with such private individuals as they know and clearly understand to be unconnected with these departments. That the measures already taken being too slow for the urgency of the case, it is recommended that from this moment all shops and stores be closed as for a solemn fast, except for the accom- STOPPAGE OF TRADE 217 modation of ordinary and well known customers." This was CHAP. carried out. For some time all shops were closed, all business V' was at a standstill and a sabbath quietness without the services in the churches pervaded Cape Town. Many of the poorer classes were thrown out of work ; some of them soon became ripe for mischief and hooliganism — the concomitants of political upheavals. These contributed to the danger and confusion of the time. On October 15th, the houses of Mr. John Fairbairn at Green Point, and Mr. Benjamin Norden, one of those who defied the dictators of the Anti-Convict Association, were attacked. In the former case, eighteen negroes, said to have been instigated by two white men, met at about nine o'clock at night in the garden of Mr. Fairbairn's house. According to a pre concerted plan they went to the front door and demanded to see "the master." On the appearance of the " master " they said they were hungry and could not get food as all the shops were shut. Mr. Fairbairn apparently sympathis ing with them, gave each half a crown as far as the cash then upon him permitted, the others who could not then receive anything he told to call upon him at his office the next day when they also would receive money. One of these then seized Mr. Fairbairn and a struggle ensued in which those who had already received his bounty joined in the attack upon him. They smashed the windows and, having effected an entrance into the house, wantonly destroyed what furniture they could and took away some of their benefactor's property. When the magistrate tried the case, during which one of the negroes turned Queen's evidence, it did not appear that these men were out of work or had in any way suffered by Mr. Fairbairn's action and there was little or no clue to the identity of the two white men who were said to have instigated them. In view of such occurrences, as might be expected under the circumstances of the time, and as long as the labouring classes were kept in idleness and exposed to privation by the stoppage of trade, the Governor by proclamation on October 16th, the next day, prohibited all crowds and assemblies congregating in public places and enjoined all to maintain public order without compelling him to use the force which he had at his command. 2l8 A KINDLY DESPATCH FROM LORD GREY CHAP. While the Anti-Convict excitement and anger was driving all else from the public mind of the Colony and while curses were being heaped upon the head of Earl Grey and petitions for his dismissal from office were being formulated, the noble Earl seems to have been, in a large measure, ignorant of the consternation he had caused and ready to make amends as soon as he realised and saw the matter from the point of view of the Cape colonists. Sir Harry Smith's forcible despatch of May 24th, together with the huge batch of peti tions which accompanied it, could not have reached Downing Street before the middle of July at the earliest, possibly not before the 18th. On that date Earl Grey sent a despatch to Cape Town in which it was stated that the British Govern ment had granted a sum of money for the purpose of sending out free emigrants to those colonies which would receive convicts from England — a free emigrant for each convict received. He hoped in this way to conciliate the willing assent of the colonists as he acknowledged that without their co-operation the system of convict discipline then being adopted could hardly be expected to succeed. He hoped to furnish the country with useful labour as well as to adopt such steps as should conduce to the reformation of the convicts themselves. This proposal was received with very bad grace and was unconditionally refused. Public meetings were held for the purpose of discussing it, when all were determined to refuse to receive convicts on any consideration ; the present offer was regarded merely as a bribe. What kind of emigrants, they asked, would be willing to come out as the associates of convicts ? It was maintained that as Earl Grey had already deceived them, they were not prepared to place the least trust or confidence in the willing assent of which he spoke. Before the ill feeling consequent upon this despatch had subsided, another was received from Earl Grey bearing date July 23rd. It was of a very different character, one calculated to put at rest the minds of any but those who, one would almost say, must have had some ulterior motive in keeping alive the agitation. Earl Grey, in a most kindly spirit, intimated his desire at all times to meet the views of Sir Harry Smith and to be guided by his better knowledge of THE SYSTEM ABANDONED 219 local circumstances ; he regretted the determined opposition CHAP. of the colonists to receive convicts — a fact of which he became Y' aware only after the Neptune had sailed, but now he could say that THE SYSTEM WAS ABANDONED, in other words, Cape Colony was not to be a penal settlement. There were, however, no orders for the removal of the Neptune, in fact, he hoped that the inhabitants would be willing to receive just this one cargo. On receipt of this despatch, Sir Harry Smith invited Mr. Rutherfoord, Mr. Jerram and some other moderates, who had resigned from the Anti-Convict Association to meet him at Government House. He read this despatch to them. Now, said he, there can be no further need for agitation to continue, it becomes no longer Anti-Convictism but rebellion. Mr. Fairbairn and those with him saw in it further dishonesty on the part of Earl Grey and determined to relax none of their pledge restrictions until the final disappearance of the Neptune. But how fared the convicts on the Neptune all this time ? Were they and all those belonging to the naval and military services languishing for want of food ? Had the endeavour and intimidation of the Anti-Convict Association succeeded in closing every source from which provisions might be obtained ? By no means. Meat, vegetables and all else were almost as plentiful as if there had been no Anti-Convict Association. As had been stated, the Neptune came to anchor on the evening of September 19th. There were on board 282 convicts together with the soldiers who formed their guard and, of course, the crew. For the greater comfort of these people and in view of the fact that they were likely to have to remain in Simon's Bay some months, a hundred of the convicts were removed to a dismantled hulk, called the Seringapatam, which was then at anchor at no great distance. But no one, not even the officers, was allowed to land. A sad case was that of the ship's doctor, Dr. Deas. The heavy responsibilities of the duties which he had carried out so conscientiously during the five months' voyage had told upon his health, and when he arrived at Simon's Bay and found that not only was he not to be relieved of this pressure but 220 NAVAL SUPPLIES FOR THE "NEPTUNE" CHAP, that matters were made worse by the refusal to provide the Neptune with necessaries, he fell into an epileptic fit from which he never recovered. He was taken to the naval hos pital on shore and died on the 28th. All on board the Neptune were in need of fresh meat and vegetables as scurvy, of which seven had died at sea, had broken out badly. Mr. Fairbairn, with his Anti-Convict Association, however, was inexorable and would not permit these necessaries to be provided. Commodore Wyvill of the Castor, the naval commander at Simon's Town, told some members of the Association who interviewed him just after the arrival of the Neptune that although the convict ship did not belong to his department, yet from motives of humanity he intended, as far as he could, to relieve the wants of the unhappy people. Such a declaration, of course, placed him and his department " under the pledge " imme diately. In pursuance of this humane intention, on Septem ber 2 ist, he ordered and received two days' supply of beef for his own ship ; half of this he slipped into a boat which was moored on the side of his ship furthest from the shore and thus got it to the Neptune ; but with the message that he could not hope to supply them for more than a day or two as should he be discovered his own supplies would be stopped. This conveyance of meat to the Neptune was discovered. According to John Mitchel, the Irish political convict, the Vigilance Committee, or Committee of Observation, supplied with telescopes was stationed at a place on the shore from which the convict ship could be well seen and a watch was kept on all who ventured to approach it. Thus the humane proceeding of Commodore Wyvill was soon known. The next day he received a letter from Mr. Breaks, the agent victualler to the navy, stating that Mr. de Wet, the contractor to the navy, had refused to supply any more meat, vegetables, bread or milk in accordance with his contract. Besides watching the ship it was the duty of the Vigilance Committee to spy on the Simon's Town shopkeepers or anyone else likely to be guilty of infractions of the pledge. They were powerless, however, to do anything more than report to the Association in Cape Town. There was, after a time, no lack of matter to report, for there were some who treated the A FRIEND IN NEED 221 dictates and threats of the Association with contempt and were CHAP. unconcerned when they found the Vigilance Committee V' witnessing their collection and transmission of supplies to the forbidden quarters. By the second week in October the military department commenced to feel the stress of circumstances. The supplies of fresh meat were practically at an end. The remedy for this state of affairs which at first presented itself to Sir Harry Smith was to declare martial law and then to commandeer what was necessary at the point of the bayonet. But he was very disinclined to go to this extreme until every other expedient had failed. Fortunately there was one who, at this distressing moment, came to his assistance and, as he afterwards acknowledged, saved the country from martial law, which, but for this, would have been proclaimed on the 1 2th. Captain Robert Stanford was a wealthy farmer living at a place called Klein River, in the district of Caledon, about forty miles from Cape Town. At midnight of October ioth two messengers1 arrived at the homestead and besought Capt. Stanford to aid the Government in its extremities with supplies of food. He readily consented. Before long, droves of cattle and sheep were on their way to Cape Town and then during the ensuing months a continuous supply, though at times with some difficulty, was maintained. By this means Captain Stanford rendered himself more obnox ious to the Anti-Convict Association than anyone else. In the end this procedure ruined him although he did receive a knighthood for his services and a sum of £5,000 from the British Government as some compensation for his losses. In many instances, in order to maintain supplies to the Government, Capt. Stanford had to purchase from other people. But this had to be done by stratagem, as anyone found having any transactions with him, or others who were known to be acting similarly, were sure to come under the dreaded pledge. Hence farmers had to be very careful in selling stock or produce to make sure that the purchasers 1 These were none other than the Attorney-General, Mr. Porter and the Collector of Customs, Mr. Field. Vide Loyalty and its Reward, by Sir Robert Stanford, page 6. 222 SUPPLIES MAINTAINED CHAP, were not acting on behalf of the Government. A farmer, W. P. Laubser, for instance, sold three waggon loads of forage to a coloured man on the Cape Town market. It was delivered at the place of one Adriaan Beck, who was under the pledge. Laubser found himself under the pledge. He pleaded innocence of intention to the Association and begged for forgiveness as now no one would buy from him or sell him anything, and his creditors were pressing him. E. H anbury was found guilty of supplying the officers' mess with wine. On receipt of a warning from the Association, he sent back a very impolite reply and continued the supply. From the reports of the Committee of Observation at Simon's Town, it would appear that the naval department and the Neptune were no worse off than the military, in other words, that all were being cared for as well as they would have been had there been no Anti-Convict Association. On October 9th, the spies reported that nineteen head of cattle from the country had been received by the naval authorities and that Messrs. Hablutzel and Hugo were slaughtering animals in the dockyard. It appeared that these people owned a farm called Fortuintjes Hoek situated on the opposite side of False Bay and that between that place and Simon's Town naval boats were often seen passing to and fro. Further the Vigilance Committee saw collected large quantities of vegetables supplied by a Mr. Benjamin Norden, bags of flour from J. Letterstedt of " Ronderbush" and much else. And far from the presence of this Committee striking any fear in the minds of these pledge-breakers,1 these supplies were loaded into boats and taken to the for bidden ships in the coolest manner imaginable. Thus during the ensuing few months, until the Neptune sailed for Van Diemen's Land, all the services obtained the provisions they needed. So far, then, the Anti-Convict Association, with its democratic despotism, had been a failure. It had not suc ceeded in stopping supplies to the Government services and 1 The following are the names of those pilloried at this time by the Anti-Convict Association as deliberate pledge-breakers : Capt. Stanford, Messrs. Hugo and Hablutzel, B. Norden, A. Beck, P. Bester, J. Letterstedt, J. Thysma, B. Alexander, E. and J. Hanbury, R. Clearence, E. Harrington, and at Simon's Town, L. Osier and C. Stadler. ACTION AGAINST THE ASSOCIATION 223 it had not compelled the Governor to act in the illegal manner CHAP. it advocated ; but it had caused the ruin, partial or complete, of some whqse livelihood depended upon the markets which it closed to them. Although many were becoming disgusted with its proceedings and dropping all connection with it, yet Mr. John Fairbairn and a few others as pig-headed as himself continued the agitation long after it was clear that all that had been fought for had been gained. Even the great J. B. Ebden, the erstwhile chairman, leader and hero of the Anti-Convict Association, had not only ceased his con nection with it but actually came under its pledge, and had to threaten his former colleagues with legal proceedings. It appears that he sold some wheat to one Leaky, who had resold it at a profit to the Government. In due course the Asso ciation demanded an explanation. Mr. Ebden admitted the transaction had taken place and offered no apology, but added that he with other merchants had openly reprobated the non-intercourse with the Government as certain to injure the cause all had at heart. He added further that in the event of his firm suffering any injury from the action of the Association, he would commence legal action forthwith. Towards the end of the year 1849 the Anti-Convict Association found itself faced with the difficulties arising from the demands of those who had been fined for breaches of contract and also of those whose businesses had suffered in consequence of having been put under the pledge. Mr. Jacob Letterstedt brought an action against the Rev. G. Morgan, J. Fairbairn, T. Sutherland, J. H. van Renen and Olof M. Bergh, the five leading members of the Anti-Convict Association, for £5,000 for damage done to his property and injury to his trade. The case came before Sir John Wylde, the chief justice, and Messrs. Menzies and Musgrave in the Supreme Court on December 14th. But an unexpected and extraordinary state of affairs terminated the hearing before Mr. Letterstedt's action could be dealt with. At the commencement of the proceedings, the defendants, by their counsel, protested against the case being tried by Sir John Wylde and Mr. Justice Menzies on the ground that these two judges had already given extra-judicial opinions and advice on the question of law raised by the plaintiff's 224 THE CASE WITHDRAWN CHAP, declaration. The point seems to have been that those two judges, some time previously, had advised the Governor on the question of the illegality of sending away the Neptune as was clamoured for by the Anti-Convict party ; a matter which had little or no connection with the destruction of Mr. Letterstedt's property. Considerable time was spent in arguing the " Exception of recusation," counsel for the defence maintaining the " recused " judges were incom petent to try the merits of this exception. Sir John Wylde and Mr. Justice Menzies, on the other hand, dissented and expressed their determination to retain their seats on the bench. In consequence of this determination, the defendants, through their counsel, protested against any further pro ceedings pending the result of an appeal to the Queen in Council and, then, in a body left the court. In the absence of the defendants the case was about to be proceeded with when Mr. Justice Musgrave rose from his seat, and as further protest, retired from the bench. This unprecedented action and one described as full of danger to the administration of justice, gave rise to a wordy warfare and correspondence between Mr. Justice Musgrave and the other judges, which eventually was transmitted to the Secretary of State. But what about the case ? Now that the defendants had gone and one judge had retired, the Court proceeded to the excep tion and pronounced against it. The plaintiff's counsel, who was none other than the Attorney-General, Mr. Porter, was called upon to open the case. To the further surprise of the Court, instead of doing so, he announced that under all the circumstances, he had determined to withdraw it ; it was withdrawn accordingly and Mr. Letterstedt saw nothing of any compensation for the injuries he had sustained.1 Mr. Benjamin Norden, in a similar action against Messrs. Fairbairn and Sutherland, was more successful. He obtained £200 damages with costs. Mr. J. B. Ebden, who also had reason to complain of the action of the Anti-Convict Asso ciation, did not press his case. It was clear then that, not only on account of the law cases, but also in consequence of the responsibility which 1 For a full account of this trial and all the documents connected therewith, vide Vol. 45, Duplicate Despatches, Cape Town Archives. THE DESPATCHES ARRIVE AT LAST 225 the Association took upon itself to reimburse those who had chap. incurred fines for breaches of contract, that considerable V" financial support was necessary.1 It is some testimony to the popularity of the Association that subscriptions, both in quality and quantity, were readily forthcoming, though even then not sufficient in total amount to meet all its obligations. Roughly, £2,400 had been subscribed in Cape Town and the vicinity and £800 in the country districts, of which sum £500 was from Port Elizabeth and Graaff- Reinet. But in March, 1850, when attempts were made to settle all accounts it was found that, at least, a further £ 1 ,000 was necessary.2 So the weeks rolled on, and all men were still waiting wearily for the despatch from Downing Street which was to announce the further fate of the Neptune and her cargo of convicts. The decision incidentally would have the effect of either restoring tranquillity or of combining moderates and ultras to bring about worse evils upon the country. As each ship was seen to arrive, the uppermost question was, has she brought the despatch ? On February 13th, the Glentanner answered this question in the affirmative. Two despatches were received from Earl Grey, one dated November 30th and the other December 5th. These the Governor lost no time in making public. The information contained in these des patches must have convinced any unprejudiced mind that there had been a mutual misunderstanding between Earl Grey and the colonists — a misunderstanding which might never have occurred had not communication between the Cape and England taken so many weeks. Sir Harry Smith's despatch 1 In November, the Association resolved that every individual who had been prevented by the pledge from fulfilling any contract with Government departments is entitled to be indemnified for all consequences of such failure in the way of fines or damages, and that it is the duty of the public to afford the means for such indemnification. ¦ Some of the larger disbursements were : To Mr. de Wet, who had been fined £500 by the naval department for breach of meat contract, and who, in consequence of the ruin of his business, was in great financial difficulties, £915 8s. id. was paid, and it was acknowledged that a further £1,000 was his due. Mr. P. J. Truter had been fined £400 for breach of bread contract to the military and in addition as bread had then to be made by the soldiers at a greater cost than the contract price, he was called upon to pay this excess in cost. He received from the Association £429 19s. 3d. Mr. T. Sutherland was paid £361 14s. 6d. to cover the damages and legal costs in the case which Mr. Norden brought against him. VOL. V 15 Q 226 THE ORDER IN COUNCIL REVOKED CHAP, of May 24th, with its grave warnings of impending trouble, V' did not reach London until August 13th. And not until September 14th was it that Earl Grey had the first intimation of the violent opposition which his action had created. Then almost immediately, acknowledging that this opposition was founded on feelings which were entitled to respect, he set about to retrace his steps and to undo the evil he had unwittingly committed. So that while the Anti-Convict Association was stirring up an agitation little short of rebellion and Earl Grey himself was being attacked in public meetings with angry and vituperative language, the noble earl was exerting himself to give them all they were asking for, namely, the removal of the Neptune and her convicts from Cape waters and the revocation of the Order in Council of September 4th, 1848. Had he been aware, he said, how strong was the feeling which existed at the Cape on the subject of convicts, he would never have advised the measure, and, now, with the information which was before him, he greatly lamented having taken the step. As soon, therefore, as the position was fully realized, no time was lost by Her Majesty's Government in making a public announcement in the House of Commons that no more convicts should be sent to the Cape. As something of an apology for the present consignment on the Neptune, he explained that those men were not convicts or criminals in the ordinary sense of the word. They were Irish peasants who, under the extreme pressure of the results of the famine in Ireland, had com mitted depredations, had, in fact, been betrayed by special circumstances into crimes which they had not been in the habit of committing and which out of Ireland there would be no temptation to repeat, crimes which implied little moral degradation.1 It was therefore undesirable to place them where they would be forced to mix with ordinary criminals, but rather to send them to some colony to which convicts were not usually sent and where there was a demand for labour. It was, he said, acting under this impression that he sent these Irish peasants to the Cape without waiting 1 John Mitchel in his Jail Journal, page 214, speaks of them as " these three hundred choice miscreants, who have graduated in burglary and thievery in the finest schools on earth." EARL GREY MAKES AMENDS 227 for an answer to his despatch of August 7th, 1848. Then CHAP. followed the momentous statement which was taken as the Y- signal for the end of the struggle, namely, that he, Earl Grey, had given instructions for the Neptune to go to Van Diemen's Land and that Her Majesty would be advised immediately to revoke the Order in Council by which the sending of convicts to the Cape was rendered legal. The kindly tone of this despatch, however, was somewhat marred by his censure, it might almost be called, on Sir Harry Smith, the man who had suffered such mental pain in main taining his position between duty to his Sovereign and, on the other hand, the clamour of an angry public who tried to compel him to act in contravention to it. Earl Grey con sidered that the Governor had acted inadvisedly in an nouncing publicly his determination not to permit the con victs to land and to detain the vessel until further orders were received from England, thus inflicting further hardship upon the unfortunate men. It was a course which did not occur to him. " I forbear to express my opinion either on the extraordinary proceedings of the inhabitants of the Cape or upon your own conduct, on the former because I am un willing to use the terms which would alone adequately describe what I think of their proceedings, on your own conduct because I have not yet received your explanation of the grounds upon which you acted." But in his despatch of December 5th, he made some amends for his expressions of dissatisfaction with the Governor. He was able to tell him that, having received his despatch of September 30th, he was then perfectly satisfied with his explanation and that, sensible of the trying and anxious nature of the position in which the violent proceedings had placed him, he (Earl Grey) quite approved of the course of action which he had found it necessary to adopt. On the day following the receipt of these despatches, the Anti-Convict Association met to con sider the new situation which they created. After some mutual back-patting and congratulations on the victory they claimed to have gained, it was decided that as the objects for which the Association was formed had been attained and that as the safety of the Colony had been secured, the usual intercourse with the Government might be resumed and that 228 END OF THE AGITATION CHAP, from that day all inhabitants were free to discontinue their signs of mourning. With reference to the offensive expression used by Earl Grey in connection with their proceedings, they did not think it necessary to offer any further remark than that they were quite prepared to follow the same course again should his Lordship or any of his successors in office threaten them with similar insult and injury. With matters thus far satisfactorily settled, preparations for the departure of the Neptune commenced forthwith. The Naval Department was busily engaged during the en suing few days in putting on board the necessary provisions for her further long voyage. And £ ioo was subscribed by the Cape Town public for distribution among the convicts. On February 21st1 after just over five months' detention, the Neptune moved from her moorings and, towed for some distance out of False Bay by the steamer Geyser, she dis appeared in the direction of Van Diemen's Land. The Anti-Convict agitation was thus at an end. 1 Mitchel says the 19th, vide Jail Journal, page 221 : " 19. We sail this day : the wind full against us, blowing straight up the bay : no matter, — the commodore has sent the Geyser war steamer to tow us out. We have the hawser fixed and are moving slowly out of Simon's Bay and down the broad expanse of False Bay." The following have been used in writing this chapter : — Duplicate despatches of Sir Harry Smith, CO. Vol. 45. Enclosures to above despatches. CO. Vol. 1402. The two volumes of the original minutes of the Anti-Convict Association. All the above are in the Cape Town Archives. Also The Price of Loyalty, by Sir R. Stanford ; Jail Journal, by the convict John Mitchel, published by M. H. Gill, Dublin ; and for the proceedings of public meetings, speeches, etc. : — The Commercial Advertiser, The Cape Town Mail, and The Grahamstown Journal. CHAPTER VI REPRESENTATIVE GOVERNMENT FOR CAPE COLONY AFTER the departure of the Neptune with her cargo of con- CHAP. victs from South African waters, the public mind could turn again to the problem which had long been in agitation, but which, during 1849, had been overshadowed by the events narrated in the last chapter, namely, that of obtaining a Representative Government for Cape Colony. Before the cessation of activities in this direction, consequent upon the Anti-Convict agitation, some considerable progress to that end had been made. The beginning of the movement may be traced back to the investigation into the state of the country by the Commissioners of Inquiry in the years 1823 and 1825.1 Up to that time the government of the country was in the hands of one man, the Governor, who, if he were so inclined, might without let or hindrance, rule tyrannically in his own personal interests or act in any other way detrimental to the inhabitants at large. Such was the case of Adriaan van der Stel under the Dutch Government and Lord Charles Somerset under the British. The first step in the breakdown of this personal centralisation, so to speak, as well as the first step upwards towards a real democratic government was that initiated by these Commissioners in 1825, when on their recommendation a Council of Advice was created. It con sisted of one or two of the chief government officials such as the Secretary to Government, the Attorney-General and Treasurer-General. These were to act with and advise the Governor and, presumably, to warn and curb him, if need be, in the exercise of any wanton extravagance, illegal acts or other contraventions of right and proper government. These advisers were appointed by the Crown ; the people had no 1 Vide Volume II of this work, pp. 155 et seq. 229 230 PERSEVERANCE REWARDED CHAP, say in their election. However, it was the thin edge of the wedge. Their turn was yet to come. They made their first bid for some share in the government of their country by a petition to the House of Commons in 1827, praying for a Representative Assembly. Little or no consideration was accorded to it. In 1830 a further appeal was made when another petition to the same effect was transmitted. This one did attract some attention, but the result was not a satis faction to the petitioners. The main point of the argument against it had been that the gift of a free legislature to Cape ¦ Colony would have the effect of setting British against Dutch, besides leading to the oppression of slaves and Hottentots. This adverse argument carried the day and thus disappoint ment again met the petitioners. However, nothing daunted by this action, or want of action, on the part of the House of Commons, it was decided to approach the King himself. Pursuant, therefore, to a very large public meeting held in Cape Town, a petition was sent to His Majesty praying that the country might be governed by a Governor and Executive Council elected by the Crown and a Legislative Council elected by the people. Pari passu with the increase in population, wealth, intelli gence and other developments of the Colony, there was the increasing dissatisfaction of living under a system of govern ment in which the people themselves had no share. In the early 'thirties the expressions of this dissatisfaction became louder and louder. And when the matter was thrust upon the consideration of the higher officials, all agreed that it was expedient to grant to the Colony some liberal form of govern ment such as had been prayed for. Sir Harry Smith, in 1848, said : "I have ever been a convert to the opinion that so soon as it is practicable our colonies should be placed upon a footing of equality with the parent country as tending to render them far sooner and to a much greater degree useful to Her Majesty's dominions generally by adding to their power and mutually cementing their union." The perseverance of the numerous petitioners was re warded in 1834 when Sir Benjamin D'Urban arrived in the Colony as its Governor. He was authorised by the Royal Commission to create a Legislative Council which was to FURTHER PETITIONS 231 consist of official members, that is, officers holding Govern- c^p- ment appointments and, for the first time, some members of the general public — unofficial members as they were called — were to have places and the right to have a voice in the great affairs of the country. These, however, were to be nominated by the Governor and not elected by the people. This was an advance. True, this Legislative Council turned out to be a failure, nevertheless its creation as well as its failure were important steps on the road to a Representative — and eventually Responsible — government. The actual business of the Government was carried on by a small Executive Council, consisting entirely of official members. The new Legislative Council did not meet with the approval of the public. It consisted of ten members, five official and five unofficial with the Governor having a casting as well as a deliberative vote, so that as the officials were bound to support the government, the casting vote of the Governor ensured a majority against the unofficials. And as these unofficials were elected by the Governor himself and not by the people, the representation which was desired was not yet obtained. For seven years this state of things existed, during which agitation against it was in abeyance. It was the time when men's minds were engrossed with the Kaffir War of 1835, matters connected with the reversal of the " Durban policy " and the trek of the Dutch farmers from the Colony. But also during this period a step forward was made; for in 1837 municipal boards for the manage ment of local affairs by local people had been established and had worked satisfactorily. Thus there was some indi cation that on a much larger scale the affairs of the whole country could be with safety and advantage entrusted to the people themselves. When the pain, so to speak, which had been temporarily benumbed by these affairs returned, relief was sought in the drafting of further petitions to the Queen for representative government. For this purpose a large public meeting of the inhabitants of Cape Town and its vicinity was held in the Commercial Hall on August 24th, 1 84 1. The result of the meeting was two petitions to the Queen, one from the inhabitants of Cape Town generally and one from the wardmasters and commissioners of the 232 DIFFICULTIES IN THE WAY CHAP. Municipality. This body was destined to play a very im portant, and not always pacific, part in the real struggle which at this time was commencing. The essential points of the petitions were that the present system of colonial govern ment was ill adapted to the wants of the country and that a free representation by constituents from all parts of the country was best calculated fully to develop its commerce and agricultural resources. As before they asked that the Government should consist of a Governor and Executive Council appointed by the Crown and a Legislative Council composed entirely of representatives freely elected by the people. Sir George Napier transmitted these petitions to Lord Stanley, the Secretary of State. He had now been Governor of the Colony over three years and had made himself well acquainted with the conditions and needs of the country. He agreed entirely with the sentiments expressed by the petitioners and in a despatch dated December 20th, 1841, he warmly recommended the prayers to the consideration of Her Majesty the Queen. This recommendation was received coldly by Lord Stanley. In his despatch of April 1 5th, 1 842, he informed Sir George Napier that he did not think it his duty to advise the Queen to refer the petitions to the Privy Council. Though he would be gratified by calling upon the colonists to par ticipate in the management of their own local affairs, yet the physical and moral obstacles which he saw would forbid him entertaining any hope of accomplishing that end within any period which could be defined. He was of opinion that but a very superficial consideration had been given to the subject. The physical obstacles were those connected with the size of the country and the difficulty of moving about in it. Cape Town must be the seat of legislature, but it is the residence of only a comparatively small part of the whole population of the country, and almost inaccessible from the northern and eastern regions. It could not well be expected that men from those distant parts would voluntarily leave their business affairs, their homes unprotected, and endure the expense and fatigue of travelling to the west, besides incurring the additional expense of remaining there during a parliamentary EARL GREY READY TO TAKE THE RISK 233 session. All this would mean that those on the spot chap. would be called upon to represent those who lived at great VI' distances, whose interests and aspirations might be entirely different. He noticed that all the agitation came from Cape Town itself. Among the moral difficulties were those arising from diversity of origin and race. There were Dutch, British, free Aborigines and Fingoes. How were these to obtain their due share of influence in a representative gathering ? Then there was the danger of throwing down barriers which had hitherto afforded protection to the great mass of the natives and leaving them to the mercy of an authority which might work a great amount of irremediable injustice. There for a time the matter remained. Neither Sir George Napier nor his successors, Sir Peregrine Maitland and Sir Henry Pottinger attempted to combat these adverse opinions of Lord Stanley. But in 1 846, Earl Grey, who had taken over the seals of the Colonial Office, stood forth as the champion of the colony. The noble Earl's attitude towards the alleged physical and moral obstacles was one of dash and of a contempt for the fears of his illustrious pre decessor. He was convinced that every society of British birth and origin could always rise superior to dangers, " incident to measures resting on any broad and solid principles of truth and justice." With such a confidence in his countrymen, he felt that difficulties might be encountered and risks incurred. In his despatch of November 2nd, 1 846, to Sir Henry Pottinger, he was able to say that Her Majesty's Government entertained the strongest preposses sions in favour of granting what had been asked for in the various petitions which had been transmitted from the Colony and that there would be a promptness to avail themselves of any opportunity of extending a more liberal government to the British possessions in Southern Africa. When Sir Henry Pottinger received this despatch early in 1847, he was upon the frontier overworking himself, according to his own accounts, in connection with the " '46 " war. And as he remained in the East until the end of the year — until the arrival of his successor Sir Harry Smith — nothing further during that time was done. But as soon as the new Governor returned to Cape Town after his "sorting 234 THE ATTORNEY -GENERAL'S MEMORANDUM CHAP, out " of matters in Kaffirland and his meteor-like journey ' through Trans-Orangia and Natal he turned his attention to the despatch of November 2nd, 1846, and the answers required to that of Lord Stanley of April 15 th, 1842. Very wisely, although he himself felt that satisfactory answers in support of the requests for a Representative Government could be given, he did not presume to give the Secretary of State his own unsupported opinion. He referred the matter, in the first place, to the exceedingly able Attorney-General, Mr. William Porter, and desired him to furnish his opinion in the form of a memorandum on the subject. A very long document resulted. But even with this authoritative state ment he did not yet feel justified in answering Earl Grey. He referred it to others of the Government advisers and the three judges. The opinions of these great people having been received and sent to Mr. Porter, that able gentleman drafted a scheme, on the basis of these opinions, for a Representative Government. All these documents were transmitted to London under cover of a despatch bearing date July 29th, 1848. So that not until that date were the questions of 1842 answered. Mr. Porter's memorandum is dated March 17th, 1848. In the first place, he expressed himself as opposed to two separate and distinct legislatures in the country. It will be remembered that there had long been a call from the East for either a separate government or for the removal of the seat of government from Cape Town to Grahamstown or Uitenhage. Mr. Porter had never been over-solicitous for the welfare of the East, in fact, judging from some of his public statements he seems to have been as ignorant of its conditions as many of the great ones of Downing Street. The cry from the East was not because there was any desire to compete with Cape Town or to acquire any of those advan tages which must accrue to a town or district which is or contains the capital of the country. The desire for govern ment in the East arose almost entirely out of the need there was for protection against barbarous and predatory neigh bours. The history of the Eastern Province of the previous twenty-five years had shewn how suddenly emergencies had arisen and with what rapidity they had gained force and Attorney-General William Porter TWO CHAMBERS PROPOSED 235 magnitude before they could be met and put down by a CHAP. distant government. All through, this was the motive for VI" the prayers and petitions for a seat of government in the East. Both Sir Henry Pottinger and Sir H. Young who knew the East from experience regarded this as a necessity, but the Western Mr. Porter was against it and advocated one seat of government and that in Cape Town. He con sidered that a separate legislature in the East would entail separate revenues and separate administrations, all which would render this policy a continual source of irritation in some quarter or another. Further, the improved communica tion in the form of steam navigation between Cape Town and the ports at Algoa Bay and the Buffalo mouth, as well as the now great connecting inland road, along which a bi-weekly post travelled to the East in carts or coaches instead of horseback, now brought the East within hailing distance from the West. All this left no alternative opinion to that of Cape Town and Cape Town only as the centre of all administrative and legislative activities for the whole country. And now concerning the constitution of the new form of government. Mr. Porter was of opinion that it should consist of two chambers. The Legislative Council which he proposed was practically a continuation of that then in existence. There were to be thirteen members, some of whom were to be official and some unofficial ; all were to be appointed for life and to be invested with some badge of social precedence, such as the title " Honourable." He was emphatic about the inclusion of unofficial members as he was convinced that a Legislative Council composed entirely of officers of the Government would be sure to be exposed to odium if it ventured to oppose the decision of the House of Assembly. The House of Assembly, according to Mr. Porter, should consist of the minimum number of members which could fully represent all parts of the country. This number was thirty-six made up as follows : — two each to the Cape Division, Stellenbosch, Caledon, Swellendam, George, Worcester, Clanwilliam, Beaufort and the Municipality of Cape Town, Uitenhage, Albany, Somerset, Graaff-Reinet, Colesburg, Cradock, one member each for Port Elizabeth, 236 THE QUALIFICATION OF VOTERS CHAP. Victoria and Albert, and two for the district of Natal. The VI' qualification which should give title to sit in the Assembly was to be defined by the ownership of fixed property to the value of £ 1,000 or movable to the value of £2,000. Further a professional education such as that possessed by doctors of medicine and advocates should be acceptable as a qualifica tion. All members except those living within 25 miles of Cape Town should receive pay at the rate of one pound per day — a sum which would obviate the danger of people seeking a seat as a matter of gain. In view of the unavoidable trouble and upset which would be suffered by a widely- dispersed population at the time of elections, the duration of the Assembly was to be five years. With regard to the qualification of voters. Mr. Porter was of opinion that it should be confined to the ownership of immovable property, but to show that no man's station in a free country is determined by the accident of colour and that it was but just to place the suffrage within the reach of intelligent and industrious men of colour, it was to be as low as the ownership of land or building of the annual value of £ 10. This then, in short, was Mr. Porter's suggested outline for a Representative government for Cape Colony. It was sent separately to the Secretary to Government, the Treasurer-General, the • Collector of Customs, the Chief Justice and two puisne Judges for their opinions and remarks. Mr. MONTAGU, the Secretary to Government, in a very long memorandum, agreed for the most part with all which had been said by the Attorney-General. He approved of Cape Town as the legislative metropolis on the grounds that one fifth of the entire population of the country resided there and the vicinity and that the value of its fixed property was £1,740,592, while that of the whole country was not more than £5,666,561. Cape Town would not, however, on that account exercise an undue influence on other less fortunate parts. With regard to the alleged difficulties of communication with the northern and eastern regions, Mr. Montagu pointed out that of the ten distant fiscal divisions, four of them, Albany, Port Elizabeth, Uitenhage and George were actually on the coast and accessible by steamship, while three others, Somerset, Cradock and Fort MR. MONTAGU'S VIEWS 237 Beaufort were at no very great distances from the coast, chap. But he agreed that whatever route was taken, travelling VL from Beaufort (West), Graaff-Reinet and Colesberg did entail difficulties and expense. Still, the predikants of the Dutch Reformed Church went from all parts to Synod in Cape Town and their congregations journeyed long distances to nachmal. So presumably, men might be expected to be able to attend Parliament in Cape Town and voters to go to polling stations. So much then for the physical obstacles. The moral were no less easily disposed of. Though it was true that colour formed a barrier to social intercourse and intimate relations, yet it was no badge of civil disabilities. In the municipalities, coloured men voted for commissioners and ward-masters and appreciated the privilege. Many of them had, by their industry, accumulated property and proved themselves worthy citizens. Why not then give them a parliamentary vote and make the proprietary qualification sufficiently low to enable them to secure this ? Then with regard to the alleged want of unity between British and Dutch, Mr. Montagu was convinced that, with the exception of the law of inheritance to which the Dutch were exceedingly attached but to which the English were equally averse, there was not a single subject within the legitimate province of legislative interference, on which national prejudices or the conflicting interest of race were likely to be engendered. There was no prejudice on the part of the Dutch to the general diffusion of the English language. In the schools, both private and those supported at the public expense, English and Dutch were taught simultaneously. In short there was a harmony between the two peoples of different origins which would have been a surprise to Lord Stanley. Descending then to practical politics, Mr. Montagu agreed that there must be one legislative body consisting of two chambers as suggested. The Legislative Council, however, according to his view, ought not to be mixed, that is, it ought to be entirely nominated by the Crown or be purely elective. He preferred the former as a check to democratic preponderance. In the latter case the Executive Council would become a mere tool or passive agent in the hands of the popular assembly. It should consist of men 238 OPINIONS OF MR. H. RIVERS AND MR. W. FIELD CHAP, whose wealth, intelligence and social status gave weight to their opinions and proceedings among the more intelligent and influential ranks of the people. The property qualifica tion should be high and the position held for life. With regard to the franchise. It should be given to all regardless of diversity of origin and race ; the qualification should be the same as that for voters in the municipalities. In other electoral districts — non-municipal — the qualification should be that already possessed by those who, under the Road Ordinance of 1843, have their property assessed for the construction and maintenance of roads. All members should be paid and the duration of the Assembly should be for four years. Mr. HARRY RIVERS, the Treasurer-General, in his memorandum, contributed but little towards the solution of the problem. He agreed practically with all that had been said by Messrs. Porter and Montagu. His solution of the franchise question, however, smacked of originality and was quite worthy of an enthusiastic Treasurer-General whose interest centred chiefly on the public money bags. It was — in order to test the appetite for Representative Government, as he put it — that any one might be an elector who,had had a fixed residence for twelve months preceding the day of election, and that ten shillings should be paid for the privilege of being registered as a voter. In this manner he hoped to raise eight or ten thousand pounds at each election, a sum which would increase as population became greater and appetites keener. He hoped thus to make the institution pay for itself. According to this, any Kaffir who had had his hut on the same spot, or even Bushmen who had occupied the same cave, for that period would have a voice in the election of a member of Parliament. Mr. W. FIELD, the Collector of Customs, concurred in the general plan proposed by the Attorney-General. In the interest of his own department he was emphatically opposed to a separate government in the East. Mr. Justice Menzies contributed a long and learned memorandum, dated March 21st, 1848, which in itself was almost a draft of the new constitution. He considered that the obstacles which had appeared to Lord Stanley either OPINION OF MR. JUSTICE MENZIES 239 had no substantial existence or admitted of being easily chap. overcome. The people of Dutch, French, German and VL British origins which made up the population of the Colony had become so united and amalgamated by intermarriage and commercial connections that there was such a perfect identity of interests in everything connected with internal legislation as would render any collision among them unlikely. He was quite sure that the time had come for the abolition of the Legislative Council and its supersession by something more liberal and popular. He himself was not a member of this Council as were those whose opinions have been re corded ; hence he could afford to be outspoken in connection with it. " The Legislative Council " he said, " has neither worked well nor produced any benefits or advantages which could make its abolition a matter of regret. It was at all times obnoxious in that in consequence of a majority of its members being official and every official member being obliged to vote with the Government, its existence enabled those for a time administering the powers of the Executive government to free themselves in the eyes of the British Parliament and nation from the responsibility for measures which they could represent as having been passed by and with the advice and consent of the Legislative Council, although they were as purely and absolutely the acts of the Executive alone as if no Legislative Council had existed. During the last four years, it has been day by day declining in public estimation and had at length fallen as an institution into such disrepute that if one or two unpopular measures of importance had been forced and hurried through it by the weight of the Executive, it is almost certain that the machinery of legislation would have been brought to a standstill by the resignation or absence of the unofficial members and a universal refusal to take their places by every man who was qualified to succeed them." In place of this he was in favour of one legislative body consisting of twenty members chosen by the different districts and ten to be nominated by the Governor ; this Legislative Council or Assembly to be presided over by the Governor or a Speaker chosen by the Council. Generally speaking, the views of the judge were in 240 VIEWS OF CHIEF JUSTICE WYLDE CHAP, accordance with those of the Attorney-General. He was sure the country did contain people competent, and in necessary numbers, to represent fairly the different interests of the community ; though it might be that in any one district a fit and proper person might not be found, or it he were, he might not, on account of travelling difficulties and dangers, be willing to serve. In such cases he suggested that that particular party should be represented by a member living in or near Cape Town. But this was not to be recommended for, though the member elected might in all respects be able and fair minded, yet a Legislative Assembly formed by a majority of Cape Town people would not give satis faction, especially in view of the jealousy existing between East and West ; moreover it would not be a " representative " body in the sense intended. These are the chief points in a memorandum of great length. Mr. Justice Musgrave sent in a memorandum of pleasurable conciseness. He was so little at variance with all which had been expressed in the clear and comprehensive memorandum of the Attorney-General that — in short — he agreed with him. He hoped the Eastern Province would see the error of its way in seeking for separate government and that it would finally realise that one government situated in Cape Town was the panacea for all its troubles. As to the boon of Representative Government, it should then be freely offered instead of its being too tardily and reluctantly conceded to popular outcry at a further period when it could not longer be withheld. Chief Justice Wylde saw that a change in the local legislation had become unavoidable. Mere numbers and mere amount of local wealth in land and its products, taken in the entire, supported the popular claim for an extended popular share in the local administration. Distant indeed would be the time if the Colonists had to wait until Aborigines, Fingoes and emancipated negroes were sufficiently advanced to have weight and influence in the constitution of any assembly of the people. With reference to separation or removal of the seat of Government, he concurred in the opinion that no advantage to either province would accrue. And as to the difficulties and inconveniences in travelling, MR. PORTER'S DRAFT CONSTITUTION 241 these will exist wherever the seat of Government may be chap. formed. According to the Chief Justice, the Council should VL consist of thirteen members. The popular element should mingle in its constitution ; there should therefore be official and unofficial members. Four or five officers of the Govern ment should be appointed by the Crown and two or three others should be nominated and seven should become members by popular election. He agreed that the members of the Assembly should be paid one pound each per diem, so that allowing forty days for a session a sum of two thousand pounds would be expended. " I cannot perceive," he said, " how the colonial revenue could be more justly applied than in the relief of those who have to counsel its best general appropriation for the public good and welfare. On the whole the eminent judge was in agreement with the Attorney- General. Fortified with all these opinions, Mr. Porter framed a suggested constitution for the Colony. This together with the several memoranda was sent to London by Sir Harry Smith, under cover of his despatch, bearing date July 29th, 1848. Mr. Porter's draft constitution, a document of con siderable length, provided for a Legislative Council and House of Assembly. The former was to consist of fourteen natural-born subjects of the Queen, who were over twenty- one years of age ; not more than half of whom were to hold office of emolument under government, but all were to be nominated by the Crown. Their term of office was to be during the administration of the Governor who held office at the time of their appointment. For the House of Assembly the number and distribution of members was that suggested in the first place by himself. Their qualification was to be that of immovable property to the value of £ 500 or movable to £1,000. Any doctor or advocate earning £200 per annum was also eligible. The qualification for a voter was that of occupier and owner of immovable property of the value of £ 10 or occupier to the value of £ 1 5. He had to be a natural-born subject of the Queen ; if of alien birth, then he must have been naturalised, but all persons born in Hanover before the accession of Queen Victoria were not to be regarded as alien. He was withal to be of sound mind, vol. v 16 R 242 EARL GREY'S WARNING CHAP, unconvicted of crime and free from insolvency. The VI Governor was to be at liberty to fix the time and place for the holding of Parliament and to change the latter as the general welfare of the public should dictate. The duration of the Assembly was to be four years and one session was to be held in each year. Members whose places of residence were beyond ten miles from the place of meeting were to be paid twenty-five shillings per day during the time they were travelling to and fro and the time during which they remained attending the session. Mr. Porter entered into considerable detail concerning the procedure of voting at the polls and other matters connected with general elections. With his despatch of July 29th, Sir H. Smith transmitted a petition from the ever-active municipality of Cape Town. A short time previously Earl Grey, in connection with the large sums which had been expended by the British Govern ment on account of the war of '46, stated that in future contests with the native tribes, no further pecuniary assistance would be allowed from the British Treasury, that the Colony would have to look to its resources for the necessary expense and to provide for its own defence.1 Little did he think that before the lapse of many months, the British Treasury would find itself compelled to finance a greater Kaffir war than had yet been. This statement of Earl Grey called forth a still louder cry for some share in the government of the country, for some public control of the finances and expenditure and for the final abolition of the Council " called Legislative." With reference to this last, they said that fourteen years' experience had shown the utter inutility and worthlessness of the character of this Council. The petitions of the people against many grievances had not 1 Earl Grey to Sir Harry Smith, March 20th, 1849 : " I must repeat, that the people of the Cape of Good Hope are distinctly to understand that a British force will not be maintained in the Colony for the purpose of defending them against incursions from the native tribes on the Frontier. The Seat of Government and one or two principal posts will continue to be garrisoned by the troops, and in the event of an attack from a civilized power, the protection of Her Majesty's Naval and Military forces will not be withheld. But it will be incumbent on thejcolonists to provide in some way or other for their own security against their barbarous neighbours, and they must consider themselves as warned, that if they should suffer loss of lives or property from the want of adequate precaution, the responsibility will rest with themselves alone. RECOMMENDATIONS OF THE PRIVY COUNCIL 243 only been wholly disregarded but had been received with CHAP. marked contumely and insult, the petitioners disparaged, VI" their arguments ridiculed and their facts so distorted and misrepresented as clearly to indicate the utter hopelessness of expecting redress from such a quarter. "As at present constituted, Government had the power of passing any arbitrary and obnoxious enactment under the semblance of the same being with the advice and approval of the Council." Shortly after this, namely, September 16th, 1848, the in habitants of Sidbury and Oliphant's Hoek, in the Eastern Province, alarmed at the prospect of unaided defence and having learnt from the late war that the seat of power ought to be nearer the scene of trouble and action, set up, in a petition to the Queen in Council, the old cry of " separation " or " removal." But that cry, though long heard and heeded, never produced the desired result. Earl Grey took time to consider Sir H. Smith's despatch of July 29th. Not until February 12th, 1849, did he answer it, but the nature of that answer was hopeful. He was clearly prepared to encounter dangers and incur risks in his reliance upon the enterprising characteristics possessed by those of British birth and origin, who, within themselves he felt assured, could always discover the means of circum venting difficulties. On the previous January 31st (1849), the draft constitu tion with its accompanying documents was referred to the Lords of the Council for Trade and Foreign Plantations for their consideration and report. That Right Honourable body was just a year in dealing with it ; they read their report in Her Majesty's Council at the Court in Windsor on January 30th, 1850. Without going into all the details of this long document and traversing again all the matters contained in the memoranda, it will suffice to say that the Right Honourable Lords made general and outlined recom mendations, leaving the details to be determined at the Cape where more accurate knowledge of all the circumstances and conditions was attainable. Though recognising the necessity for a change in the existing form of government, they saw serious obstacles in the establishment of any new form. They were impressed with the difficulties arising from 244 LETTERS PATENT ISSUED CHAP, the great distances. In connection with this, they perhaps unwittingly, supported the argument for separation of East from West by quoting the case of Port Philip, which was at such a distance from, yet under the government at Sydney, that the great disadvantages of this arrangement had necessitated the establishment of a new seat of government and the founding of the new Province of Victoria. They agreed to the three estates of Governor, Legislative Council and House of Assembly. They considered that the Legis lative Council should consist of ten members elected for a term of ten years ; they should be elected by the Field Cornets, Wardmasters or others who held positions which had been conferred upon them in consequence of the confi dence the public had shown in them by placing them in such positions. The Council was to have no official members except the Chief Justice who was to be the ex officio Speaker. And generally it was to consist of men of better social stand ing, who should be less swayed by the popular feeling of the moment and capable of acting as a check on the House of Assembly. Finally they recommended Her Majesty to issue Letters Patent authorising the Governor to summon " a Legislature of the kind we have endeavoured to describe so soon as Ordinances for regulating all the details of the arrangements should have been passed by the existing Legislative Council " . . . " the main or leading provisions of the constitution to be granted to the Colony should alone be laid down, and the power should be given to the existing Legislative Council to pass Ordinances for regulating all the subordinate arrangements." In accordance with this, Letters Patent were issued on May 23rd, 1850. On receipt of the Letters Patent, Sir Harry Smith was confronted with the first of his many difficulties in connection with this important and far-reaching measure. He was instructed to bring the matter before the " existing Legislative Council." As has been narrated in the last chapter, there was no Legislative Council, it was broken up by the resignation of all the unofficial members, except Mr. Cock, and the violence of the " Anti- Convicts," in preventing others from taking their places. At least four unofficial members were now required to put the Council on THE FIRST GENERAL ELECTION 245 a legal footing. How were these to be obtained ? The anti- chap. convict feeling was by no means dead and the problem was, VL in spite of the general public dislike of, and contempt for, the Council to prevail upon some to take seats in it. The Governor felt that if he chose " moderates " for the vacant seats, the " violents," considering they had been purposely excluded from the government, might again exercise the pledge and thus put a stop to all further proceedings ; if, on the other hand, he chose " violents," the " moderates " would complain that they had been victimised on account of not carrying their hostility to the convict scheme to excess and that the preference was given to those whose violence had coerced the Government. By the advice of and with the assistance of the Executive, he left the preliminary choice to the people themselves. Thus took place the first general election in South Africa. The idea was to get the different municipalities and road boards throughout the country to choose members and from these to choose five, but the Governor did not bind himself to take the five highest on the list. On May 6th, 1850, a notice which had been drafted by Mr. Montagu was published. In view of the trouble yet to be detailed, it is important to emphasize two statements in this notice ; one is "it is his (the Governor's) intention in selecting them (the five) to take care, as far as in him lies, that the sentiments of the Colony at large be ascertained and represented," the other is " from the names submitted to fill up the vacancies in such a manner as shall seem most calculated to secure the appointment of the five gentlemen willing to serve, who shall appear best entitled to the confi dence of the several classes and districts comprising the entire Colony." The following also must be added, " that the different electing bodies will avoid naming any persons except such as they have reason to believe will serve, if appointed, as members of the present Legislative Council, pending the establishment of those Representative Institu tions which are now in preparation." Coupling this notice with the statements in the documents received from London and the Letters Patent, namely, that the details in the estab lishment of a Representative Government were to be left 246 A TROUBLOUS FIRST MEETING CHAP, to the " existing Legislative Council," there would seem to be some excuse for the impression on the minds of some of those who were elected that the sole object of their appoint ments was to work out the required details and not to perform any of the duties of ordinary Legislative Councillors. In the course of two months a list of twenty-three candi dates was completed. Mr. C. J. Brand was returned for 23 places, Sir A. Stockenstrom for 21, Mr. F. W. Reitz for 19, Mr. Fairbairn for 16 and Mr. Wicht for 7. These were the five at the head of the list. Mr. Godlonton was twelfth with 3 places. In the spirit of the Notice of May 6th, and in justice to the Eastern Province, the Governor selected Mr. Godlonton for the fifth place instead of Mr. Wicht who with Messrs. Brand, Reitz and Fairbairn belonged to the Western Province. These five then completed the Legis lative Council and gave it, again a legal status. The first meeting was held on September 6th. Its proceedings were not a happy augury for the success of establishing Represen tative Government. Not only were there, from the com mencement, the signs of want of unanimity, but there was a deliberate hostility of some members against others. The Governor presided. After the swearing-in ceremony and the admission of a crowd of the general public, he opened the proceedings by reading a long minute, dealing with the information and instructions he had received from Earl Grey. Mr. Fairbairn then rose and asked to be permitted to lay before the Council some resolutions which had been sent to him from Graaff-Reinet. They were to the effect that the Governor had not acted in accordance with the notice of May 6th, that he had not kept his word in selecting the five men whose names were at the top of the list, and that even if Mr. Wicht were ineligible, Mr. J. J. Meintjes of Graaff- Reinet came next with six places and had therefore more right to a place in the Council than Mr. Godlonton. The Attorney- General supported by the Secretary to Government objected to these being received on the grounds of the procedure being informal and irregular. Mr. Fairbairn then withdrew his request, quite satisfied that his object had been attained by reading it. The unamiable Sir Andries Stockenstrom then informed the Council that, on making inquiries from ACTION OF SIR A. STOCKENSTROM 247 the Governor, he had been assured that he was one of the five CHAP. at the top of the list, " because " said he, " I do not intend to VI' sit here in any other capacity than as a representative of the people. If I am sixth on that list, I shall forthwith walk out at that door." Apparently still unsatisfied and, as was his custom, suspecting some intrigue or conspiracy in all the high officials he had ever worked with, he moved that there be laid on the table a return of the numbers of votes which had been sent in by the municipalities and road boards.1 This very important step towards gaining Representative Government for the country disposed of, the Governor pro posed that the Council go into committee and then mentioned fourteen different subjects which it would be his duty to bring before them. They were such matters as the estimates for 1850 and '51 ; masters and servants ; trial by jury ; the South African College and others disconnected with the formation of the new government. The Governor then left the chair which was taken by the Secretary to Government. After some preliminary conversation in connection with their procedure, the Council adjourned and the first day's work was done. The next meeting of the Council was held on September ioth. The Governor opened the proceedings by reading minutes on Finance, Legislation and other matters which he intended to introduce during the session. Sir A. Stockenstrom then rose and again called for the returns of the numbers of votes which had been given for the new members. He abhorred the idea of being a Governor's nominee. " If I am not one of the five at the head of the poll " said he, " I shall not remain in this place." The returns were laid upon the table. He then moved for a special committee to examine them and to report whether the five members who had been appointed had the majority of votes. He considered the advertisement of May 6th was the best act of the Governor's life and now it was desirable to be assured that he had acted strictly up to it. It must, 1 In fairness to Sir Andries, it should be stated that as far back as May 23rd, when asked by the people of Somerset East to allow himself to be nominated, he consented only reluctantly, because, he said, the Governor has not explicitly pledged himself to the appointment of the five with the greatest number of votes ; should he not do so, it will in principle, still leave the members the nominees of the Executive and thus the election by popular representation will not have been achieved. 248 THE EASTERN PROVINCE AGAIN CHAP, at first, have been something of a surprise to all to hear the Attorney-General second this hostile motion. The surprise, however, must have vanished when, as a kind of antidote, he gave notice of motion that the five gentlemen, including Mr. Godlonton, had been appointed in conformity with the notice of May 6th, and that all were entitled to act with equal independence. Mr. Fairbairn objected to the Attorney- General supporting one motion and anticipating a decision by giving notice of a totally different one. A warm discussion ensued. After being called to order, he appealed to the Governor and was told that the Attorney-General was the proper person to decide the legal question. The Attorney- General then put the question to the Governor. His answer was that it was the practice in Parliament in England and would be adhered to. The committee to examine the returns consisted of : Sir A. Stockenstrom, Mr. Brand and the Auditor-General . As the motion of the honourable baronet was obviously aimed at himself, Mr. Godlonton resented the remarks which had been made and declared that he had reluctantly consen ted to take a place in the Council, but duty compelled him to comply with the wishes of the large numbers who had voted for him, as well as to see that the English inhabitants of Albany were duly represented. The Council then went into committee with the Secretary to Government in the chair. Mr. Cock, thus early, considered it expedient to state that the population of the Eastern Province would not submit to one central government in which they would have no control of their own affairs ; in such a government, he said, they would always be in a minority ; it would be far better to be subject to the tyranny of one man than of an assembly composed of Western people. It was decided however, to leave the question of separation until a later stage of the proceedings. Attention, at length, was turned to the real business of the meeting. The discussions turned on the pay ment of members, the status of municipal bodies and the powers they were to have under the Letters Patent. September nth. — The Council, in committee, sat for seven hours on this day. The proceedings seem to have been DEBATE ON THE QUALIFICATIONS 249 harmonious and good work was done. A number of the CHAP. clauses of the draft constitution were discussed and it was VL finally agreed that the qualification for the electoral franchise for the Lower House was to be the possession of landed property to the value of £25 with residence in an electoral district for twelve months. September 13th. — This day, consideration was devoted to the qualifications for a member of the Upper House. Opinion was divided between personal worth and personal possessions. It was argued that the qualification to sit with that august body should be not so much what a man had but what he was. Sir A. Stockenstrom considered that the imposition of a high property qualification would result in the Upper House becoming an oligarchy of the worst type. The Attorney-General on the other hand, was not prepared to trust too much to the sovereign people ; unless there was a high qualification the Colony would be in danger of communism, socialism and red republicanism. Mr. Brand objected to this allusion to socialism and red republicanism and argued in favour of what had fallen from Sir A. Stockenstrom, with whom, he said, he intended to vote. The Collector of Customs could not see the use of an Upper House if it was to consist of the same kind of men as the Lower ; a high property qualification was usually associated with intelligence, industry and perseverance, he therefore was in favour of a prospective candidate possessing £2,000. With this Mr. Godlonton agreed. Mr. Fairbairn took a very lofty view of the question. He also desired a high qualification, but it was not to be that of wealth but of integrity, character and ability. When the Queen appointed Sir H. Smith to be Governor of the Colony, did she demand a pecuniary qualification ? When a Secretary to Government was wanted, did the amount of Mr. Montagu's personal wealth enter the question ? No ! it was ability and special fitness for the situation which determined the appointments. A £2,000 qualification for the Upper House would limit the number from which the elections could be made and thus a privileged class would be instituted, perhaps, to the injury of all other classes. The members of the Assembly would be elected by particular districts, but the members of 250 MR MONTAGU'S VIEWS CHAP, the Council should be elected by the colony taken as a ' whole — the multitude might be depended upon to pick out the best men, the men of good repute, of blameless character and in independent positions. The Auditor-General felt that a large property qualification was necessary, though he was well aware that there were three degrees of aristocracy, that of birth which was worthy of respect, that of character and ability which was more worthy and the aristocracy of wealth, which was worth none at all. He thought the best way of creating the difference that was wanted would be to adopt the plan of the Privy Council report and leave the members of the Upper House to be elected by a different class of electors who were of a better-informed class and of a higher station in society such as justices of the peace, field cornets and district road boards. The Secretary to Government, in a very long and exceedingly able address, expressed a hope to see the most intelligent and active members in the Assembly, but he looked upon the Upper House as the great bulwark against popular indiscretion. If both houses were elected on the same principle and with the same qualifications, the members of one House could be no check upon the other, they might just as well have one house of 60 members instead of an Upper one of 1 5 and a Lower one of 45. Though he had the greatest respect for Mr. Fairbairn's ideals and high opinions of human nature, it was no rule to guide them. Practical wisdom had taught him that human nature begins with self and ends with pelf ; men's own interests take precedence of their patriotism, however full they may be of professions to the contrary and if you trust too much to such professions of high principles without any checks for the probable absence of them you will find yourselves lamentably deceived. In times of great political agitation, Mr. Fairbairn's beautiful theories would be scattered to the winds, there must be something more tangible than good intentions. There will always be found talented editors who command an immense influence over popular movements, and unscrupulous newspapers which insert everything but the truth. If the Upper House was to be open to the working of the same influences as the Lower, to the schemes of unscrupulous political pauper agitators, PROPERTY QUALIFICATIONS AGAIN 251 and no property qualifications established for the security CHAP. and guarantee of the landed interests, all that he could say VI' was , " God protect the country." He was therefore still of opinion that a £2,000 qualification was necessary. The meeting was adjourned before the question was put to the vote. After Mr. Montagu (the Secretary to Government) had left the room, he was accosted by several gentlemen with whom he was unacquainted and who had listened to his arguments with much concern. They thanked him for the sentiments he had expressed and — as they put it — for pro tecting their property from destruction. One said : " I hope Sir, you will stick to your proposition. I have a large property and if your property qualification is not carried, I will sell at any sacrifice and leave the Colony." During the evening of that day, a petition signed by thirty landowners within the municipality of Cape Town praying that the Honourable Committee would adopt a property qualification for the members of the Legislative Council of not less than £1,000, was prepared for presentation to the committee the next morning. September 14th. — At the commencement of this sitting, the Attorney-General read the petition which had been drawn up on the previous evening. Mr. Fairbairn read two of an opposite tenor. The debate then continued on the qualification question. It was of great length and was chiefly a verbal tourney between the two doughty champions, Mr. Porter the Attorney-General, and Mr. Fairbairn. Mr. Porter considered that Mr. Fairbairn's quixotic theories were the workings of an ingenious imagination aided by reason but innocent of practical wisdom. Though backed up by arguments regularly put and beautifully arranged, as they would be by so good a logician, they were fraught with ruin to the country. Mr. Fairbairn was unmoved. Suppose, he said, a man secured a seat in the Council on the strength of £2,000 unencumbered property and suppose he should get into debt, lose money on account of the death of his wife or perhaps raise money on mortgage, he would be instantly disqualified to retain his seat. No ! character and ability must be the qualification. He (Mr. F.) must be 252 DEBATE ON VOTING RETURNS CHAP, quixotic, he confessed, but Quixote died in his bed and spoke ' more wisdom than Plato or Aristotle. The Attorney- General agreed that Don Quixote was, in speech, one of the wisest of men who ever lived, but when it came to action he attacked windmills and flocks of sheep, which showed that he lacked practical wisdom. Mr. Fairbairn then moved the amendment : " That no landed property be required for a qualification for the Upper House." This was put to the vote and lost. Sir A. Stockenstrom, Messrs. Fairbairn, Brand and Reitz voting for it and the five official members with Messrs. Cock and Godlonton against it. It might be men tioned here that this was the nature of all the voting on these matters. The four appeared to act as a party. September iSth. — To the detriment and entire hindrance of the important business before the Council, the whole of this day was wasted in a fruitless discussion on the voting returns, the report of which was presented by Sir Andries Stockenstrom. The Attorney-General then in anticipation of the opposition to the appointment of Mr. Godlonton, instead of Mr. Wicht, which was expected from the Stocken strom party, moved the resolution of which he had given notice, viz. : " That the appointments of Sir A. Stockenstrom, Messrs. Fairbairn, Brand, Reitz and Godlonton have in the opinion of this Council been made in conformity with the notice of May 6th." In a long address, he hoped, he said, that they would have been relieved from the necessity of discussing and dissipating unworthy suppositions and sus picions of violated pledges on the part of the Government and that they would have proceeded with the important duties which devolved upon them. The intention conveyed by the notice of May 6th, was that from the list of names supplied to the Governor, he would select those gentlemen who appeared best entitled to the confidence of the several classes and districts comprising the Colony. It did not mean that the Governor had pledged himself to choose the five at the top of the list, as, in that case, only one district might be represented and the wishes of the rest of the community ignored. Had Mr. Wicht been elected, then four out of the five would have represented the West. Sir A. Stockenstrom, nominally the Eastern member, could not be said to represent VICTORY OF THE ATTORNEY-GENERAL 253 the public opinion of the East, as in Grahamstown he had CHAP. one vote against Mr. Godlonton's three hundred and in the VI" district of Albany he did not have one. Mr. Cock seconded the motion. He was the Government nominee of the old Legislative Council, who, in spite of the troubles of 1 849, had retained his seat. It was then argued that the five at the top of the list had not been elected by the spontaneous voice of the electors, but by an influence which was exercised by, and emanated from, electioneering Cape Town politicians. Tickets with the five names, which led voters to believe that they were those of the five best men, had been circulated throughout the country. In the case of Mr. Godlonton this had not been done, hence his election was considered more in accordance with the spirit of the notice than that of the others. Mr BRAND took up the cudgels on behalf of his party. Avowing no personal animus against Mr. Godlonton, though unmistakably showing it, he questioned that gentle man's competence to sit in the Council as he was Government contractor for printing the Bloemfontein Gazette. Then almost with contempt he looked upon Mr. Godlonton as being nothing better than a Government nominee instead of a noble being elected by the voice of the people. It was essential that the public should know who was who in the Council so that all might see who really represented the people. Had it been made clear that the five at the top of the list would not be taken, they would not have gone through the humbug of the election ; as it was, the Governor had destroyed public confidence. Mr. FAIRBAIRN very honestly would not disclaim personal feelings. As editor of the Commercial Advertiser he had long been at feud with Mr. Godlonton, the editor of the Grahamstown Journal. He also was under the impression that the five gentlemen at the top of the list would be elected. Then followed a heated disputation arising from the remark of the Secretary to Government that the ticket system had not resulted in spontaneous voting. As a man of honour, Mr. Fairbairn said he would not retain his seat for one moment if there was any imputation of mala fides. In the end the Attorney-General's motion was put to the vote and carried by the majority of three, the four voting against it. 254 DISCUSSION ON BUSINESS OF THE COUNCIL CHAP. September 20th. — Sir A. Stockenstrom commenced the proceedings by announcing that he held in his hand a petition signed by 225 residents of Cape Town, praying the Council to confine itself to the task of framing a Representa tive Government for the Colony and to enter upon no other business whatever until that object was attained. The Secretary to Government immediately presented one of an exactly opposite tenor. Possibly in consequence of some information respecting the former having got abroad, 32 persons, chiefly the heads of the most important mercantile houses, within an hour, prepared the latter. It prayed the Council to proceed with the legislative business which His Excellency had signified his intention of bringing before them. He then moved the first reading of a Bill in connection with the Dutch Reformed Church. Sir Andries moved an amendment in terms of the petition which had been entrusted to him. Speaking to this, he said that had he known that he was to be called upon to deal with any other matters than the framing of a constitution he would not have consented to become a member of this Council. Interests connected with the Church, agriculture, commerce and other matters were not represented as they would be when a Parliament met, and as it would not be long before this was to be the case, there could be no necessity for hurry in these matters. Generally he protested against any legislation being under taken by this Council. Mr. Reitz seconded. He considered it was better to live a few months longer without any legislation at all than that they should sanction by any acts of theirs the existence of the Council as at present constituted. This was greeted with applause by the crowd of the public which filled the hall. Discussion then turned on the interpretation which was to be put on the notice of May 6th. The Secretary to Govern ment maintained that no such condition as that mentioned by the honourable baronet was expressed or implied in the notice ; it was understood that those who were elected would be willing to carry on the business of the country ; if they were not, they should not have accepted nomination. Mr. Godlonton agreed with this. He (Mr. Reitz) was not so certain that it would be some considerable time before a THE ESTIMATES TO BE CONSIDERED 255 Parliament was fully established. He considered, therefore, chap. that no harm was likely to come to the country in consequence VI' of their refusing to proceed with the ordinary legislation. As, in consequence of the mutilated condition of the old Council, the business of the country had been greatly hindered, the Governor had, for many months, taken upon himself the responsibility of sanctioning measures which required legislative authority — especially the expenditure of the public money. He now wished to be relieved from being compelled to commit these illegal acts. It was urged that whatever excuse there might be for postponing other measures until the formation of a new parliament, it was of the utmost importance that the estimates should be taken into considera tion. The Attorney- General spoke eloquently and at great length on this. He eulogised the Governor on the careful and very satisfactory manner in which, unaided, he had man aged the finances of the Colony, but all the same, his acts in this connection were illegal. Was it fair, he asked, to compel him to continue acting thus ? He (the Attorney-General) feared that when Her Majesty's Government found men shrinking from their duty and abandoning the public works of the Colony, as Sir Andries and his party were doing, they might be doubtful of the wisdom of conferring upon the Colony the powers which were intended and which all were so anxious to obtain. Almost pathetically, he appealed for consideration for the question of supplies and begged the malcontents to abstain from forcing the Government to spend money without authority. Mr. BRAND was unmoved by the Attorney-General's eloquence. Why listen to all this declamation about the danger of the course we are pursuing ? he asked. Here was a petition asking them not to proceed with the estimates. Are we to leave the public expenditure in the hands of the Governor ? Certainly. He has done so well since 1 849, why force us to take it out of his hands ? the delay of a few months more cannot be material. It is for the future parlia ment to approve of what has been done, and, if they see fit, to pass an Act of Indemnity. He was not prepared to consent to matters which had been begun and carried on without his knowledge. He agreed that he was sent to the 256 THE COUNCIL AGAIN INCOMPLETE CHAP. Council to assist in framing the constitution ; his contract ' was with the people, not with the Government. Had he been told that he was expected to take part in the ordinary business of the Council, he would, when he was asked, have refused to accept a seat. Mr. Fairbairn in support of his contention which sounded like an accusation of being got into the Council under false pretences, said, that they were to be called in reference to the " subjoined documents." What were the subjoined documents ? Why, the Report of the Privy Council, the Letters Patent and Lord Grey's letter relative to the institution of a Representative Government, nothing what ever to do with the estimates or other matters which the Governor was bringing before them. He did not trust Earl Grey or his office. If they pass the estimates they will be put off for years before anything more is heard of Represen tative Government. No ! there is a determination to let the Colonial Office know that there can be no Legislative Council at the Cape until we are given free institutions. Sir A. Stockenstrom's amendment was then put to the vote. It was lost ; the usual four voting for it and eight, including the Governor, voting against it. The Attorney-General then rose and moved as a second amendment that the consideration of the annual estimates be proceeded with. This was carried by the usual majority. As this result had been expected by the Stockenstrom party, Sir Andries had come to the meeting armed with a document containing eleven reasons for dissent and signed by the four of his party. The eleven paragraphs were practically a succinct recapitulation of the arguments which they had urged during the many debates. He then tendered his resignation as a member of the Council and left the room. He was followed by Messrs. Fairbairn, Brand and Reitz. Thus the Council was again rendered incomplete and legally in capable of functioning. Messrs. Cock and Godlonton must have been aware of the intention of Sir Andries to read his eleven " Reasons for Dissent," for they also went to the Council armed with a document, but it was twelve " Reasons for Assent." It bears the date September 19th. It does not seem however to have SEPARATE GOVERNMENT AGAIN 257 been read at the meeting, but to have been given to the CHAP. Governor afterwards. They assented because " we came hither in good faith to assist as legislative councillors in carrying out the public business of the country and because we conceive that the resignation of our trust would be the abandonment of a solemn duty," " because we have been charged to bring under the consideration of the Legislative Council matters of the highest moment to the Eastern Province," " because the non-consideration of the Estimates will necessarily prevent the resumption of all public works, especially the harbour improvements at Port Elizabeth, and throw out of employment numerous people who are dependent upon these for their livelihood ; because we are deeply impressed with the conviction that even the semblance of a factious opposition to the local government will make an impression on the mind of Her Majesty's Government most inimical to the Colony, and especially to the Eastern frontier " ; and " because it is quite possible to consider the Estimates concurrently with the consideration of the formation of the new Parliament." " The matters of highest moment to the Eastern Pro vince," which would have been brought before the Council had there been an opportunity, found expression in a docu ment dated September 27th, which these two gentlemen afterwards handed to the Governor. They took exception to the form of Representative Government suggested in the Report of the Committee of the Privy Council of January 19th, 1850, because it did not provide for the separate and independent control and administration by the inhabitants of the Eastern Province of their own local affairs, as has been so often prayed for. They gave a resume of the history of the continued agitation for separate government, showing that the Kaffir Wars and vast expenditure of the British taxpayers' money were the results of being governed by the far West. Cape Town had ever refused to listen to their prayers and had treated their apprehensions as groundless and their statements as exaggerations ; there would never be security from these attacks until the eastern people them selves had the power to control and regulate their own affairs, no Government having its seat in Cape Town, 600 miles VOL. v 17 s 258 A NEW DRAFT CONSTITUTION CHAP, away, will ever do justice to the Eastern Province. The Committee of the Privy Council, they said, had acknowledged that it was an intolerable grievance that that province should be placed under the authority of a Legislature sitting at such a distance and Sir B. D' Urban had recommended the removal of the seat of Government from Cape Town to Uitenhage. All this however was one more attempt which was doomed to failure. In consequence of the four resignations, the Governor was face to face with a painful difficulty. It was necessary that the instructions and provisions of the Report of the Privy Council and Letters Patent should be observed and obeyed by the Legislative Council. But now the Legislative Council was not ; and any attempt to re-establish it by the nomination of other members was felt to be doomed to failure and perhaps attended with scenes similar to those which disgraced the Anti-Convict movement. The course the Governor adopted therefore was to authorise the remaining seven members to form a Commission for the purpose of continuing the work and reporting in due course. To this end, on Monday, September 23rd (the Legislative Council having been broken up on the Friday), the Government notice was issued. It stated that the report having been received it would be published and then it would be open to discussion throughout the whole country ; petitions and resolutions concerning it might be sent in and these would be trans mitted to the Secretary of State. The four seceders were by no means idle. Their resigna tions met with the active sympathy and approval of the com missioners and wardmasters of the Cape Town Municipality, a body which did not entertain any cordial feelings towards the Government. They learned with satisfaction the refusal of the four to consider the Estimates. At their request the four together with the unsuccessful candidate, Mr. Wicht, formulated a draft constitution which was to be taken to England by Sir A. Stockenstrom and Mr. Fairbairn as delegates of the people, the necessary expenses to be defrayed by public subscription. The draft was a short document consisting of sixteen sections and containing nothing to which anyone could have any objection. It is clear that the A CIRCULAR LETTER AND THE REPLY TO IT 259 thought and time spent upon it was small compared with CHAP. what the Attorney-General gave to one of ninety-four VL sections, which was transmitted to the Colonial Office a few weeks later and which contained practically all that was asked for by the malcontents. They agreed to admit the Secretary to Government, the Treasurer and the Attorney- General to both Houses, but without votes and in spite of Mr. Fairbairn's demand for propertyless paragons of virtue for the Upper Chamber, a qualification of at least £1,000 was demanded. The coterie also drafted a circular letter which was to be, and was, sent to all municipalities and road boards giving the reasons for their resignations. The chief burden of this was what was called the immoral and impolitic doctrine which was alleged to have been annunciated by the Secretary to Government, namely, that all official members of the Council were bound to support and vote for any measure proposed by the Government, whether they approved of it or not, and thus to act contrary to the dictates of their consciences. The four, so they maintained, were therefore nothing but an impotent minority packed together to com plete an otherwise defective machinery and having only sufficient influence to legalise measures of a fixed majority whether good or bad. To counteract the evil effect which was likely to be pro duced by this letter, the five official members published a reply in the Gazette. They denied that every member of the Council was bound to vote with the Government and quoted cases where some of the official members had voted with the four against the others.1 The actual " immoral " statement of the Secretary to Government, of which so much fuss was made and which, on the principle of " any port in a storm," was seized upon as a reason for resigning was " when any question has been discussed and decided in a Cabinet or Executive Council, the minority is bound to yield to the majority. On no other principle can any govern ment be carried on, and if any official's conscience will not 1 e.g., on September 14th the Collector of Customs and Attorney- General voted with the four against the Secretary to Government, Treasurer-General, Auditor-General, and Messrs. Cock and Godlonton. .260 NEW SIGNATURES WERE OBTAINED CHAP, allow him to adopt this course, he has only one alternative — ' to resign his office." The circular Stockenstrom-Fairbairn letter had its due effect. Public meetings, though, from all accounts, sparsely attended, were held in many places 1 and resolutions were sent to Mr. Fairbairn to be taken to England. The movement was certainly a triumph of organ isation on the part of those who had formerly led and engin eered the late Anti-Convict agitation. The tactics seem to have been those of the old orthodox electioneering type. According to Sir Harry Smith, the hundreds of signatures to the petitions of Cape Town and the vicinity had been obtained by the street-keepers who had hawked round the documents, many of the names being undiscoverable in the Cape Town directory or by the inquiries of the police, those therefore were probably fictitious. At nachmals or other public gatherings documents were ready for signatures. The petitions from the Cape Town Municipality and Green Point and Beaufort (West) were so similar in their wording that one cannot help thinking that they must have emanated from the same head and hand. However, whether the meet ings were packed or not, the names of the chairmen who presided, seem to have been those of men of respectability and station. Perhaps as was to have been expected there was a similarity of sentiments in the resolutions. Epitomised, they were, unqualified satisfaction with the " Reasons for Dissent " ; repudiation of the charge of undue influence in the election of the five — Paarl showed that none of the five names at the top of the list was on their ticket — disgust with what they called the rudeness of the official members ; objection to the remaining seven forming a Commission, as unlawful as uncalled for ; approval of the draft constitution and its transmission to England by Messrs. Fairbairn and Stocken strom and a willingness to subscribe the necessary funds. At Uitenhage, the sentiments were mixed, the majority was in agreement with the Western centres, while a minority with Mr. J. C. Chase at its head maintained that the behaviour of the four seceders was a perverse and factious opposition 1 Cape Town and Green Point, Paarl, Worcester, Beaufort (West), Swellendam, Tulbagh, George, Riversdale, Graaff-Reinet, Colesberg, Uitenhage, Port Elizabeth and Grahamstown. AN ACRID LETTER 26r brought about for no other purpose than that of embarrassing CHAP. the Government. Mr. Chase determined to protest against VI' the action of the meeting as it was packed with those who had not paid their road rates and whose sentiments could not be taken as indicative of the wealth and intelligence of the district. Port Elizabeth declined to offer any opinion and Grahamstown whole-heartedly condemned the resignations. On October 27th, Mr. Fairbairn left for England. Sir Andries, who should have accompanied him, postponed his voyage to a later date. He was, however, represented in London by a characteristically acrid and vindictive letter which he wrote to Earl Grey, apparently with the hope of its being read before the House of Commons. It purported to give an account of what had happened at the meetings of the Council, but he would " not disgust his Lordship with the painful details of the scene " . . . " the Hon Secretary to the Government on that day had received a lesson which must have convinced him that the day was for ever gone when the Colony could any longer be ruled by such flights and dicta." According to this letter the country was in a dreadful state due to the mismanagement of the Government. This letter, of course, had to go through the usual channel of the Governor's office, so to the Governor personally, Sir Andries sent the following delectable missive : " Cape Town, October 28th, 1850, " SlR, — The laws of honour and morality view the cowardly midnight assassin as not more base than the man who sends to such a place as Downing Street any document, statement or representation in the remotest degree involving, questioning or calculated to injure the character, reputation, words or deeds of his neighbour, without due notice to the party thus assailed, to be there underhand and secretly deposited until the same can conveniently be made available against the unconscious victim of such treachery, or against his memory and his posterity, when these shall trust that his bones are mouldering in honour. With the most perfect faith in the above doctrine, I must reluctantly trouble your Excellency with the annexed copy of a letter which I 262 REPORT OF COMMISSION OF SEVEN CHAP, have on the 25th instant addressed to the Secretary of State for the Colonies. I have, etc. A. Stockenstrom." At this time the Governor was on the frontier as there were threatenings of the Kaffir War which broke out at the end of the year. In his absence on November 7th, Mr. Montagu wrote to the Secretary of State, warning him to be on his guard against being misled by any of the state ments and documents carried by Mr. Fairbairn and asking Earl Grey to suspend judgment upon them until he (the Governor) had time and opportunity to make his own report and send the counter-petitions. Mr. Fairbairn reached London ; there for the present we must leave him. On September 30th, the Commission of the seven was ready with the report, consisting of twenty-five sections, a copy of which, without comment, was sent to Downing Street on October 4th. It included an account of the work which had been done by the Council up to the time of its dissolution and then having taken the report of the Committee of Trade and Plantations paragraph by paragraph, they gave opinions here and made recommendations there. The noteworthy points were that they objected to the Chief Justice being the President of the Upper House, it was felt to be extremely inexpedient that so high a functionary should descend from the bench of justice into the arena of Colonial politics ; there would be a loss of that public confidence and respect which so high a magistrate ought at all times to command. They disapproved of the Legislative Council and House of Assembly being dissolved at the same time and considered, to commence with at all events, that Government officers should not take part in the discussions of either house, they should not become involved in party contests as, in that case, they could scarcely fail to do. And they advocated that the reasonable rights of the civil servants then in office should be safeguarded. In accordance with the Governor's invita tion to the general public, petitions, the results of numerous public meetings, poured in from all sides. Space will permit of little more than the mere mention of them. Port Elizabeth considered the £25 franchise dangerously low, A MASTERLY DOCUMENT 263 very many natives, mere hut-holders, would thus be qualified, CHAP. it would mean admitting to the voters' roll a vast amount of VI" the unenlightened and the exclusion of many of the intelli gent, such as salaried clerks, lodgers and others. They recommended a rental value of £10 or an annual income of £40. Uitenhage agreed with this and characteristically insisted that the seat of the Government must be moved more towards the East. They condemned the seceders and regretted that the welfare of the country should have been sacrificed to an ambitious party spirit and expressed their want of confidence in the delegates who had been appointed to go to England. Much the same were the views expressed from Grahamstown, Graaff-Reinet, George, Knysna and Pletten- berg Bay, Swellendam and Caledon. The coloured people and Hottentots of the Kat River rejoiced in the £25 franchise and viewed with alarm the opposition to it on the frontier. They could not without forebodings look forward to the work of a South African parliament. The Moravian missionaries and their followers at the mission station of Genadendal also regarded with apprehension power getting into the hands of the farmers, they feared the loss of that protection which they had under the British Government, they visualised stringent masters and servants acts, vagrant laws, compulsory labour of long periods, pass laws, the general restriction of their liberty and a state not much better than slavery. The Governor himself was of opinion that if the Legislature were purely elective all the above might come about, hence he was very strong for a purely nominated Legislative Council. The Commissioners' report was referred to the Executive Council when each member wrote a long memorandum em bodying his views. Based on all this, the Attorney-General drafted a suggested constitution — a very long document consisting of ninety-four sections. It included all the seceders asked for in their own. It dealt in great detail with all the procedure of elections, qualifications, and all else in the most complete manner. It was a masterly document as might have been expected from so able a man as Mr. Porter. In due course, this was sent to the Colonial Office together with the numerous petitions which had then come in. As time went on, shoals of these petitions, for and against the Govern- .264 EARL GREY'S ".ADDITION-AL. INSTRUCTIONS " CHAP, ment, arrived and all were transmitted to England. Sir Harry Smith's conciliation and tact in endeavouring to re establish the Legislative Council did not meet with the approval of Earl Grey. The noble earl considered that, in asking the people to nominate the five members, the Governor had acted in a manner no less unusual than unauthorised ; he ought on his own judgment, to have made a selection without consulting the public at all. Speaking of the four seceders, he said, that if the result of this proceeding should be to postpone the time when the colonists should enter upon the enjoyment of the privileges which had been offered to them, the responsibility for the delay will rest with those who have met the offer in a spirit so different from that in which it was tendered — with those who have misused the confidence placed in them. He could not understand why the sittings of the Council should have been interrupted because four of its members had resigned ; there still remained the five official members together with Messrs. Cock and Godlonton and only six were required to form a quorum. Why did he not elect four new members straight away ? and if there had been any intimidation on the part of the Cape Town party as there had been in connection with the convict business, what was there to prevent the sitting being held in Grahamstown ? He entirely disapproved of the invitation to the public to express their views in petitions, it was calculated to keep up a most mis chievous agitation. Generally, he disagreed with most of the findings of the Commissioners, the Chief Justice should still be President and no alterations should be made in the Letters Patent. A few months later, when he was in posses sion of more information and perhaps had had time to digest that which he had already received, he modified his opinion and statements. The Attorney-General put the legal view before him and showed that legally the Legislative Council ceased to exist after the resignation of the four because the Council then consisted of less than ten members — the minimum required by the Royal Commission. Earl Grey therefore issued fresh instructions, the famous "Additional Instructions " (May 13th, 185 1) to the Governor to the effect that the Legislative Council was legally constituted so long STOCKENSTROM AND FAIRBAIRN IN LONDON 265 as six members remain, whether official or unofficial. But CHAP. what was more important and more serious, he stated that, VL at present, it was inexpedient to go on further with the question of Representative Government ; a war was raging in Kaffirland, so many were in the field against the enemy that the choice of members for the new parliament would be in the hands of those who were least ready to come forward for the defence of the country. Sir Andries Stockenstrom joined Mr. Fairbairn in London early in 1851. From the tone of their previous communications with the Colonial Office as well as their well-known attitude towards Cape political affairs, they could not have expected to receive any very warm reception.1 Moreover, Earl Grey was in possession of the warning letter of November 7th from Sir H. Smith. All this, however, was of small consequence to the delegates as their appeal was to be to Lord John Russell and, they hoped, to the British Parliament. Their champion and intermediary was Mr. C. B. Adderley, of Anti-Convict fame, through whom now the correspondence between themselves and Lord John Russell was conducted. On May 23rd, Mr. Adderley, of course influenced by his proteges, assured Lord John that they were authorised to speak on behalf of nine-tenths of the proposed electoral body at the Cape. He added his own appeal that they should be enabled to return to the Cape with such an answer as should encourage them to hope for the immediate enjoyment of the constitution they desired. Unless it was pure personal hatred towards the members of the Legislative Council, it is difficult to see what their grievance was and why they were on this visit to London. " Nothing can be more fixed than the determination of Her 1 On presenting himself at the Colonial Office, Mr. Fairbairn was received by Earl Grey as a private individual, but was distinctly informed that he could not he acknowledged in a representative character. — Theal, Vol. Ill, p. 125. Earl Grey, writing to Sir H. Smith, on March 29th, 1851, stated that he had received a letter from Sir Andries Stockenstrom, on January 18th : " The tone in which that letter is written will probably prevent my replying to it. I must, however, observe that while he has condemned in such unmeasured terms the whole proceedings of the local Government, the grounds of his censure are so vaguely stated that I have found myself entirely at a loss to understand in what respects he considers the measures of the local government to have been erroneous and what is the different policy which he would himself recommend. 266 LORD JOHN RUSSELL'S REPLY CHAP. Majesty's Government to establish representative institutions at the Cape," said Lord John Russell, on June 5th. And Sir A. Stockenstrom and Mr. Fairbairn acknowledged there were but few essential differences between the " Draft Order in Council " drawn up by the Attorney-General and the sixteen articles formulated by themselves. All they could desire now, was the immediate enjoyment of the boon which was offered to them ; but this enjoyment was being delayed through their own stupidity and ill-natured behaviour. Their grievance seems to have been that they had no grievance. But whatever slender reason they could have urged for leaving the Cape when they did, they found, in May, an outlet for their pent-up eagerness for fight and a reason for maintaining, if not increasing their " unconquerable repugnance to the continuance of the present constitution or any attempt to use it for permanent purposes." On May 13th, was issued the " Additional Instructions," authorising the remaining seven members of the Legislative Council to continue the work which had been commenced. They looked upon this as a virtual revocation of the Letters Patent of 1850 and as a final refusal to accede to the earnest prayers of the people for a Representative Government. This made, they said, the despotism more complete and avowed than that of the constitu tion which it superseded. They described, in certainly exaggerated language, the state of disorganisation of the country and the dangers of delay and they left the responsi bility for this delay, or a refusal, to His Lordship and his colleagues. Lord John Russell in a courteous reply, through Mr. Adderley, assured the delegates that they were in error in believing that there was any desire to revoke the Letters Patent. All they desired would in time be granted, but as the Governor was on the frontier, he would not be able to attend to these matters until the termination of the Kaffir War. In any case, some time would have to elapse before the measure could come into force. Sir A. Stockenstrom and Mr. Fairbairn were dissatisfied with these answers. As they believed, or said they did, that the object of the " Additional Instructions " was to keep the diminished Legislative Council in power and to prevent the establishment of Representative PARTING SHOTS 267 Government, they determined to test the legality and validity chap. of those instructions. They submitted their case to " three VL eminent lawyers " for their opinion. The opinion, shorn of all its verbiage, was that the instructions of May 13th were altogether invalid and void, " a legislative constitution once granted is irrevocable, except by the authority of the Imperial Parliament or by an act of the local legislature with the consent of the Crown." The documents were sent to Lord John for his information. He, in reply, told them that " the Government conceived themselves entitled if not bound, to act in conformity with the legal opinions of the Lord Chancellor and the Law Officers of the Crown." Still undaunted, they again approached the noble lord, and having given their opinion that the question was at least doubtful, they pleaded for the intervention of the Imperial Parliament. An act passed by that august body would give immediate relief, it would be both complete and final. Lord John was adamant. He refused, pointing out that even in that case, the procedure would take considerable time. Finding further negotiations useless the delegates, as parting shots, transmitted to Lord John Russell two long letters. One was signed conjointly, while the other was from Sir A. Stockenstrom on his own behalf. In the former, Lord John was thanked for the courteous tone of his corres pondence, which, he was told, contrasted sadly with the asperity and rancour with which Earl Grey in a debate in the House of Lords " hurled the most unfounded aspersions, not only at us, but at the most respectable and loyal portion of Her Majesty's subjects at the Cape," they (the delegates) " nevertheless abstain from that retaliation which Earl Grey seemed almost intent on provoking." They dealt at length with the worn-out questions of their election to the Council, on the alleged false pretences and the attempt to make them break faith with their constituents by passing estimates and considering other matters disconnected with the formation of the new constitution. Obviously to justify themselves in the eyes of those in the colony who had provided the funds for their journey, they claimed that, although they had failed to obtain the speedy enactment of a constitution by an act of Imperial 268 FRESH INSTRUCTIONS TO SIR H. SMITH chap. Parliament, they had secured the declaration that it would be a breach of faith to withhold a liberal constitution from the Cape. Considering that this had not been threatened but it had already been declared that the Cape was to have a Representative Government, it is difficult to see that their visit to London had been productive of the least good. Indirectly however, they accomplished something which will be referred to later. Sir Andries Stockenstrom's letter was characteristic. He complained of the misrepresentation and calumniation which, he alleged, were in the documents laid before Parlia ment by Downing Street. He repudiated the statements concerning himself which had appeared in the Blue Books. He put the responsibility for the tone and temper of his letters upon the Governor, whom he pilloried for his, alleged, mis- government and many misdeeds, such as putting his foot on the neck of one Kaffir, dashing a stick at the head of another and making a third kiss his foot. He (Sir A. S.) defended himself against certain remarks which had been made about his pension of £700 per annum and assured Lord John Russell that " he had never been guilty of what is unofficially known as a job, he had not cost the widow or orphan a sigh or tear, he had had no secret or underhand dealings." With these farewells Sir A. Stockenstrom and Mr. Fairbairn left London and arrived back in the colony in November, 1851. The action of the two delegates in putting their case before the " three eminent lawyers" seems to have had the effect of causing Her Majesty's Government to review, and that speedily, the position and to consider whether, after all, the opinion of those learned gentlemen against the legality of any action of the reduced Legislative Council — in short against the " Additional Instructions " — was not the right one. Lord John Russell received this opinion on June 28th. Two days afterwards Earl Grey wrote to Sir Harry Smith instructing him, with the least possible delay, to complete the Legislative Council to the number necessary for passing the Ordinances for giving effect to the Letters Patent. According to the terms of that instrument, the task of framing the constitution was entrusted to the "present council," and by "present council" was meant THE RECONSTRUCTED COUNCIL 269 that as constituted in accordance with the instructions given chap. to the Governor when he was appointed in 1847. Moreover, VL it was feared that much evil might be wrought in the minds of the colonists, already too prone to hostility against the Government, when they heard of the difference of opinion concerning the validity of the Additional Instructions. On September 9th, therefore, Sir H.Smith at King William' sTown received the despatch containing this information and instruc tions to offer, without delay, the four vacant seats to gentlemen of position and character in Cape Town. This was done. There was now no friendly advance to the public by offering them a choice of candidates, Sir Harry Smith used his own discretion entirely. His choice fell on Messrs. Hawkins, Arkcoll, Moodie and Ewen Christian. On October ioth, the reconstructed Council met for the first time and was soon in full swing, passing estimates and doing all else necessary for the better government of the country, but omitting until the termination of the Kaffir War the further consideration of the proposed new Parliament. When the ever active and hostile Cape Town Municipality saw in the Government Gazette the announcement of the Additional Instructions, they determined at once to oppose them. The customary public meeting was convened. The result was a petition to the Queen. It stated that the petition ers had seen with dismay the intention to confer legislative powers on the eight individuals who by virtue of their official appointments under the Crown or by nomination ot His Excellency the Governor, yet held office as members of the Legislative Council, a measure so utterly opposed to their just hopes and expectations, one which will utterly subvert the peace of the Colony, will cause universal discontent and will raise throughout the colony the most extreme anxiety, lest yet greater injustice be committed upon Her Majesty's faithful subjects ; they prayed that the measure might not be carried into effect, but that a Representative Government, which had so often been asked for, might be granted without delay. In exactly the same wording came petitions from Koeberg, Paarl and Beaufort (West), good testimony to the activity of the then renowned Municipality. A petition also came from Worcester which, though obviously inspired, was 270 THE GOVERNOR CHANGES HIS OPINION CHAP, original in its wording. Beyond the Western Province and " probably not outside the Municipal party, the above mentioned evils do not appear to have been apprehended. The petitions which came from the East were of a very different character. The people of those parts had something far more serious to contend with than Additional Instructions, something more distressing and urgent to occupy their minds than personal spite against the members of the Executive Council. A Kaffir war, and now a Hottentot rebellion, were raging. This, the third in sixteen years, the petitioners averred, would not have happened had there been — as there should have been — a Government resident in the East. It was the old cry for protection and for the prevention of those oft-recurring ills which were not to be cured by appeals to Cape Town, six hundred miles away. It was therefore, a matter of no small satisfaction to these sufferers when they heard that Earl Grey in writing to Sir H. Smith on March 5th, 1851, had stated : " The recent occurrences in British Kaffraria and the effect which they had produced on the inhabitants within the frontier tend to show that the almost constant presence of the Governor at no great distance from the frontier is required for the maintenance of peace and good government. When I consider, at the same time, the growing importance of Natal, of British Kaffraria and the Orange River Territory, it appears to me that the time may come when the seat of government can no longer be kept in a position so far from control as Cape Town without extreme inconvenience. I should wish you to state whether you see any objection to its being removed to Grahamstown." The opinion of Sir H. Smith, who, as has been stated, had been entirely opposed to any such step, had by this time undergone a great change. " Recent occurrences," he said, " coupled with this continued rebellion of the Kaffirs, and which is of far more importance, that of a large portion of the Hottentots and of the coloured classes within the Eastern Frontier, many more of whom are wavering in their allegiance, induce me at once and decidedly to change my opinion and to recommend a separate and distinct govern ment for the Eastern Province. There should be a represen tative form of legislature founded upon the plan which I ELATION IN THE EASTERN PROVINCE 2ft have recommended for the Colony as a whole and the seat CHAP. of government should be at Grahamstown. Under this VL arrangement I, of course, anticipate that a representative form of legislature framed upon the principles I have advo cated would be granted to the Western Province, in which the seat of government should remain as at present in Cape Town, and I advise that the officer administering the affairs of that portion of the Cape should be the Governor-General of South Africa. In conveying in the strongest manner my conviction that it is desirable that the Eastern Province should have the direction of its own affairs, while sound policy should urge us to hold together under one government, I trust I shall not be regarded as having hastily and unadvisedly changed my views in regard to a subject upon which my opinions were formerly so opposed. The inhabitants of the Eastern and Western Provinces are constantly advocating opposite views and these can be best provided for by separation." Encouraged by such sentiments expressed in high official quarters, the Eastern people were elated ; they seemed to be more concerned about their separation from the West than the larger question of Representative Government for the Colony as a whole.1 A large public meeting was held in Grahamstown on May 22nd. It resulted in a petition to the Queen signed by 896 names. The petitioners learned with satisfaction that there was in contemplation a project to remove the seat of government from its present inconvenient position, a change which circumstances now called for louder than ever. They took the opportunity of repudiating em phatically the Stockenstrom-Fairbairn mission to London and denied that those men had any grounds for representing themselves as delegated by the whole Colony. Port Elizabeth, in its petition, likewise expressed its gratification at Earl Grey's announcement, but wanted Uitenhage as the seat 1 They seemed to have been encouraged further by the happenings in Australia at this time. The district of Port Philip was growing in importance. Melbourne, which began with a few huts on the banks of the Yarra-Yarra in 1835, had become a large and thriving town. But it was under the jurisdiction of Sydney in New South Wales. A " separation movement " resulted in 1851 in the formation of a new Province or Colony, that of Victoria, with its own Executive Council appointed by the Crown, and a Legislative Council, partly nominated and partly elective. 272 ' MEMORANDA ON . SEPARA TION GHAP. of the Eastern Province government. Uitenhage entirely agreed with Port Elizabeth. Somerset East and Burghers- dorp also saw the panacea for all their ills in separation from the West. Graaff-Reinet, in deep humility, echoed the same sentiment ; " we feel shame and deep humility," they said, " that such kindness and consideration (as the promise of Representative Government) has not been deserved by us as a community, owing to the factious conduct of a large number of our fellow subjects in this colony." Cradock spoke of its deplorable state, eighty miles of frontier to defend against the enemy which was attacking it and no help to be obtained from outside. A crisis had now arrived when some fundamental change in the Government . was imperatively demanded, it was therefore with no ordinary satisfaction that they saw symptoms of sympathy on the part of Her Majesty's Government, and they hailed with joy the words of the Secretary of State, that nothing short of separa tion and independence for the Eastern Province could meet the case. They concluded with a few — now customary — words of anger against Messrs. Fairbairn and Stockenstrom. On September 24th, Sir Harry Smith brought the question of separation before the Executive Council. In accordance with his request each member sent in, in memorandum form, his independent opinion. The Collector of Customs was decidedly opposed to separation. It would not be fair to the West where, in value, was the greater amount of property. He doubted whether the East would ever be able to pay for its own government. But suppose it could, there would certainly be no surplus for defence against the inroads of the border tribes, and once a separation of East from West takes place, it is clear that no money for any such purpose would ever be voted by the separate legislation of the West ; once the bond of union is severed, all sympathy and support from the Western Province will cease. The Attorney-General was opposed to the removal of the supreme government from Cape Town, though, in view of the fact that there have been two harassing and costly Kaffir wars within four years and in view of the affairs of British Kaffraria and the Orange River Territory, he was prepared to THE ATTORNEY-GENERAL'S VIEWS 273 admit that the time for establishing some resident government chap. upon the frontier had fully come. But this would not justify VI" the removal of the Supreme Court, the Deeds Registry Office, the Orphan Chamber and similar important offices, where so much work was done. Moreover, it would be a doubtful policy to make Grahamstown the seat of Government as in the time of war it could be surrounded by the enemy and all communication cut off with the outside. Cape Town was even more convenient in this respect, as there was easy steam navigation with East London and no fear of being isolated. The Treasurer-General thought there ought to be a local government on the frontier and that it should be placed at Uitenhage. The Secretary to Government stated that whenever there has been difficulty on the border, the Governor had always had to spend a lot of time there, leaving the admini stration of the Western Province to the Executive Council. " I am of opinion that the best interests of the Colony as well as those of England now require the Governor and the seat of Government to be placed on the frontier. The Auditor-General was of opinion that " this Colony cannot be properly governed from selfish Cape Town, that either the seat of Government should be removed to a more central position nearer to Kaffraria, or that the Colony should be divided into two distinct governments. He thought the Government had been too long in Cape Town and had in consequence become callous to the rest of the country. If it has been so easy to govern the East and Kaffraria from Cape Town, it ought, he said, to be easy to govern Cape Town from Grahamstown, and so throughout the ages the fight continued. The poor Eastern Province, in spite of its strenuous endeavours, never succeeded in removing the seat of Government from Cape Town or in raising itself into an independent colony. On September 15th, for the purpose of being amended by the Legislative Council in matters which could only be decided by those who, on the spot, possessed more minute local knowledge, Earl Grey transmitted to Sir H. Smith the draft Ordinance, the object of which was to determine, as vol. v 18 t 274 FEARS OF THE {2$ FRANCHISE CHAP, required by the Letters Patent of May 23rd, 1850, the mode of constituting the Legislative Council and House of Assembly, which, with the Governor, was to form the future Parliament of the Cape. This draft Ordinance was little more than a slightly modified form of that, consisting of ninety sections, which had been drafted by the Attorney-General. It was received at the Cape on November 21st and read for the first time before the Legislative Council on the 28th. The second reading was put down for January 28th, 1852 — two months hence — apparently in order that Mr. Godlonton might have an opportunity of ascertaining the views of the East. The result of this was one of the largest public meetings ever held in Grahamstown and the decision that it was expedient to postpone further consideration of the establish ment of Representative Government until after the termina tion of the war. Not until February the ioth, was it that the Ordinance came before the Legislative Council and the Secretary to Government moved the second reading. Mr. Godlonton then, in accordance with the views of his constitu ents, moved as an amendment, the postponement of further action. A very long and animated debate ensued, Mr. Montagu and Mr. Porter, as usual, making speeches of great length. The all-important matter of contention was the £25 franchise. It was feared that this low qualification would not only place undue power in the hands of the farmer's servants and former slaves, but that it would give the vote to coloured people, many of whom were at that time in open rebellion and fighting on the side of the Kaffirs against the colony. At this time the industrious white man with his family was a fugitive from his home, while hundreds of Hottentots were in the kloofs and mountains committing robbery and murder whenever opportunity presented. The coloured people on their side, so it was said, feared coercive measures such as Vagrant Acts and oppression by the farmers, they therefore looked with no friendly eye on a higher property qualification which would exclude them from the vote. Perhaps because so many coloured people were in arms against the colony, they loomed large in the minds of the Government and there was the fear of making bad worse. ALARM AMONG THE WESTERN FARMERS 275 The Government had attempted to bring forward a most CHAP. necessary Bill for the prevention of squatting on farms, but VI" in the end thought better to drop it. The object of this Bill was to prevent worthless and idle Hottentots with their families from settling down in the out-of-the-way nooks on the farms and living on the sheep and cattle which they stole from the farmer. This was a severe scourge from which the Eastern Province had suffered for many years and on account of which there had been such a loud cry for a Vagrant Act. The Western Province had had little or no reason to grieve on this account, squatting was almost unknown in those parts. Another serious matter which intimidated the Government in discussing the £25 franchise was a violent alarm which broke out among the Western farmers, especially in the districts of Riversdale and Malmesbury, but which on proper investigation was found to be groundless. The Hottentot recruits, who had returned to their homes after having served their six months in Kaffirland, behaved in a somewhat insolent manner and used some irresponsible and boastful language which was interpreted by the farmers as a conspiracy to combine and murder them. The farmers flew to arms and congregated in places for defence. The Hotten tots misunderstanding this, and thinking this arming and combination was against themselves for the purpose of making them slaves or something of the kind, also pre pared for further fight. Fortunately, however, the excite ment died down without any more serious result than this mutual fear. The final result of the debate was that the Secretary to Government moved as a second amendment the adjournment of the Council. He did this with all the more confidence as the Home Government had expressed its intention of suspend ing operations in any case until the close of the war. Put to the vote, it was carried by 8 to 2— hence for a time the matter slept. The Governor, who was still detained on the frontier by the Kaffir war, was opposed to any postponement in bringing the draft Ordinance before the Legislative Council. Writing from King William's Town on February 18th, 1852, he said that there had already been unnecessary delay, that in delay he apprehended far greater embarrassment to 276 SATISFACTION IN THE COLONY CHAP, the Government than in procedure and that he saw no cause for apprehension of any public disturbance or any excuse for deferring the grant of Representative Government on account of the war. He was destined however to take but little more part in these matters. For reasons yet to be dealt with, he was recalled and on March 31st, 1852, Lieut.- General Sir George Cathcart arrived in the Colony, to assume the Governorship and to bring to an end the Kaffir war. To take charge of the civil administration of the country and to remain in Cape Town, C. H. Darling, Esq., who arrived a week previously, was appointed Lieut.-Governor. About this time also, there were great changes in Downing Street. Earl Grey, who had figured so prominently in these troublous times of Cape Colony, handed the seals of his office to Sir John Pakington and the Earl of Derby took the place of Lord John Russell. The draft Ordinance of September 15th, which had been returned to the colony for the completion of the details, gave general satisfaction throughout the country. To bring it into force, therefore, needed only the further considera tion of the Legislative Council, its re-transmission to England and its final ratification by Her Majesty the Queen. Even the Cape Town Municipality was almost contented. They now, as expressed in their petition to the Queen in December, 1 85 1, prayed that the same might be passed without any alteration or delay and without any reference to the despised Legislative Council. Earl Grey in his despatch to the Governor, desired them to be told that he was glad to hear of their satisfaction and that, but for the ill-advised resigna tions of the four members, it might have been in operation some months previously. Anxious as he was that a Represen tative Government should be established as soon as possible, Earl Grey expressed his surprise, which really meant his displeasure, that so long a period as two months between the first and second readings should have been decided upon. This, however, was not all. It was not until March 4th, a postponement of over three months, that the question was at length dealt with. Sir John Pakington seems to have been no less anxious than Earl Grey, for in a despatch, dated March 15th, 1852, in answer to one of the many protests MAMY petitions tO The governor 277 from the Cape Town Municipality, he intimated his desire C^.AP- to be made acquainted with the reasons for this continued delay and could only believe that there must have been necessity for it. It would seem therefore, that there was some ground for the agitation which was engineered from the Town House. Mr. Montagu, the Secretary to Govern ment, was considered, in the Colony, to have been responsible for all this ; against him much wrath was directed and in many of the petitions which were sent to England, his entire removal from office was prayed for. The first three months of 1852 was a season of petitions. They were sent to the Governor from all parts of the Colony and were, in tenor, of all kinds. In some cases, two of entirely different tenor went from the same place. Many of them, most probably instigated by the " Town House party " prayed that there might be no alteration or delay in passing the draft of September 15th and further that there should be no interference on the part of the Legislative Council.1 It was curious further, that they nearly always reached the Governor (i.e. the Secretary to Government) only a few hours before the sailing of the mail packet, so that there was no time to scrutinise the signatures. Some of these petitions were against the £25 franchise,2 others were for the postpone ment of the new regime until after the termination of the war.3 Port Elizabeth wanted the immediate introduction of the new Constitution with removal of the seat of Govern ment to the East. Caledon asked for the repeal of the Letters Patent of 1850. Zuurbrak and other mission stations wanted either the £25 franchise, or no change whatever, preferring to remain under the protection of the Home Government. Mr. Montagu, in transmitting a batch of these petitions to Downing Street, thought it his duty to submit some observa tions respecting them for Earl Grey's information. He said, " From the number of these petitions now transmitted, and similar petitions transmitted by previous mails, and 1 Paarl, Tulbagh, Worcester, Malmesbury, George, Swellendam, Hautam, Onder Roggeveld, and of course Cape Town Municipality. • Grahamstown, Uitenhage, Swellendam, Caledon, Palmiet River. • Graaff-Reinet, Fort Beaufort, Wynberg, Swellendam, Stellenbosch, George. 278 HOW SIGNATURES ARE OBTAINED CHAP, from the number of the signatures attached to them, Lord Grey may, perhaps, be impressed with the belief that very great anxiety and excitement for the success of the prayer contained in these petitions, pervades the minds of the community, and that this prayer is the result of full delibera tions and judgment ; but this is not the case. These petitions, with scarcely an exception, emanate from the Town House in Cape Town, under the direction of their leader Mr. Fairbairn. The object of this party in accumu lating so many petitions, with so many names, which are sent to this office at the very latest moment before the mail departs, and which generally are published in the organs of the Town House party, at the same time, is to make parade of a feeling which does not actually exist, in order that readers at a distance in England may be misled by them as to the real wishes of the inhabitants. Their usual mode of pro ceeding is as follows : A party meeting is held at the Town Hall in Cape Town, and resolutions passed there. The object of the meeting is speedily circulated to the country, and small imitation meetings are held in several of the country towns and villages by active agents in connection with the Cape Town Municipality ; these being the remains of the machinery of the late Anti-Convict agitation. Few persons attend, but they bring their resolutions, move, second and pass them, as being the expression of public feeling ; and these are then formed into a petition and carried about for signatures ; in some instances I have been assured that blank sheets only are sent out, the names of the farmers and others being obtained, not infrequently, by misrepresentation as to the object of the petitions ; these sheets are then re turned and affixed to the petitions. At one public meeting only six people were present, yet their names were varied so as to appear to make a large number. Mr. Smit became Mr. Smith then G. Smit ; Mr. Adriaan van Zijl became afterwards A. van Zijl." * 1 In the case of a petition from Cape Town and Green Point, there was an opportunity of examining the signatures. The investigation was placed in the hands of the Superintendent of Police. He reported as follows : — There was a total of 1,050 signatures. Of these 241 were of proprietors, 339 occupiers and shopkeepers, 79 lodgers, 84 non-residents, and 307, about one-third of the total number, were of persons unknown 8 ' III \ i \ I Photo : A Elliott. The Old Town House, Cape Town THE COUNCIL PASSES THE ORDINANCE 279 In consequence of what may perhaps be called the CHAP. " colour bar " delay of the Legislative Council, the Town VL House party, more than ever confirmed in its want of confi dence in that Council, determined to arrogate to itself its functions and to carry out the duty which it was believed to be neglecting. At a public meeting, the Commissioners of the Municipality were requested and " authorised " to supply the details and modifications in the draft Constitution which were asked for by Earl Grey. In accordance with this, during February, the ninety sections were considered and completed. In an accompanying petition the Commis sioners prayed that it might be passed by an Act of the Imperial Parliament as soon as possible and thus confer upon the colony the boon granted by the Letters Patent of 1850. Neither petition nor draft appear to have produced much convulsion in London. On March 4th, the day after this petition left Cape Town, though undoubtedly uninflu enced by it, the Legislative Council, at length, commenced the work which had been so long postponed. On April 3rd, the task was finished and on that day the Ordinance passed its second and third readings. On the 25th, it was trans mitted to England by Lieut.-Governor Darling, who, in a very long covering despatch gave his own views — ripened by a whole month's sojourn in the country — on the points which had been debated.1 In connection with these matters, there was nothing during the ensuing few months to employ the Town House in keeping the country in agitation. All had to wait patiently until Downing Street returned the draft Constitution, for better or for worse. Mr. Montagu shortly after, May ist, followed this great instrument to England. He was in bad and probably fictitious. The Municipal street keeper carried round a list. In a letter from Mr. Montagu to the Colonial Office, March 3rd, 1852, he says : "In a petition sent home within the last few months from Cape Town, and which is now in Earl Grey's office, three sheets with 400 names written in Arabic were added to swell the numbers, probably by the Malay priest, whose name is written in pencil at the top, doubtless as a memorandum that it should be sent to him for signatures by his congregation. 1 It is not possible to afford space for even a resume of the very long speeches at the Council meetings or some of the long despatches. They will be found in the Blue Books, " Further papers relative to the estab lishment of a Representative Assembly at the Cape of Good Hope." Feb. 3rd, 1852, and Dec. 23rd, 1853. 2§o DEPARTURE AND DEATH OP MR. MONTAGU CHAP, health. After the strenuous labours in connection with the financial difficulties of the country, the roads over impassable mountains, bridges over rivers, and the improved convict system, he obtained leave of absence for fifteen months. Mr. R. (afterwards Sir Richard) Southey, the civil commissioner of Swellendam, took his place. Numerously signed vale dictory addresses were presented to him on his departure, those from the Town House being conspicuous by their absence. One of the last duties Mr. Montagu had to perform was to write a long defence of his conduct in answer to the petitions which went to Downing Street praying for his removal from office. He never returned to the Colony. He died a few months after his arrival in England. He deserves to be held in memory in Cape Colony. The quietness which supervened upon the transmission of the draft Ordinance to England in April showed after five months' duration, signs of coming to an end. The Cape Town Municipality, in consequence of the absence of any information from Downing Street, became restive. On October 6th, a public meeting was convened. They viewed with alarm the conduct of Her Majesty's ministers in delaying the fulfilment of the promise of 1850; they condemned, with what justice is not clear, the then present head of the Colonial department for listening only to official representa tions and ignoring the voice of the colonists and they believed so they said, that it was the intention of the Secretary of State to bring a Bill into Parliament to annul the Letters Patent of 1850 and to substitute something which would be repugnant to the wishes of the colonists. Thus again, agitation was rife. The Governor then had his headquarters in Grahamstown. In anticipation of a repetition of the disgraceful proceedings of 1849, he was prepared to order troops to embark on the Styx at East London, and having himself joined at Port Elizabeth, to proceed to Cape Town in order to use the argument of military force. There was no excitement or impatience of delay in the East. On October 30th, in answer to that of April 25th, Sir George Cathcart received a momentous despatch dated September 4th, 1852, one eminently calculated to increase largely the renewed excitement in the West. It was to the POSTPONEMENT OF THE GRANT 28t effect that, though Her Majesty's Government were of CHAP. opinion that the grant of a Representative Government VL ought to be granted to the Cape at the earliest possible period consistent with a due consideration of the various difficulties with which the progress of events had surrounded the subject, yet in consideration of the difficulties which had arisen in connection with the continued Kaffir war, the difference of opinion on the question of the £25 franchise, the absence of statistical information and the Governor at the seat of war being prevented from giving that attention and superinten- dance which were required at the commencement of so great a change, it was the opinion of the Government that the ratification of the Ordinances should be postponed for the present. It is no matter for wonder that after two and a half years of struggle, anxiety and hope that such a statement as this should have re-aroused the bitter feelings which, for a short space, had lain dormant. With the draft Constitution practically completed and needing only its ratification to reward those who had fought so strenuously for Representa tive Government, the postponement of this last step was a bitter disappointment. As has been shewn, the language of the malcontents in their utterances and petitions had not erred on the side of gentleness and want of outspokenness. Now, with still less respect for person or position, free vent was given to sentiments and opinions in words which lacked nothing in emphasis and distinctness of meaning. At a public meeting held at Worcester on December 24th, a number of resolutions which were passed unanimously were sent to Lieut.-Governor Darling for transmission to the Secret ary of State. It was stated in these that words sufficiently strong could not be found to express the indignation at the frivolous despatch of September 4th. It was clear, it was averred, that the Minister had no other object in view than that of postponing indefinitely the operation of the Letters Patent of 1850 ; his conduct was an insult to the Board of Trade and Plantations and reflected dishonour on Her Majesty's Government ; he was held responsible for the consequences. The Legislative Council, it was maintained, was an illegal body and was not justified in disbursing the public revenues. 282 VIEWS ON THE POSTPONEMENT CHAP. Lieut.-Governor Darling, in answer to this on January 30th, 1853, declined to be the medium of conveying to Her Majesty's Government any petition or resolution couched in such disrespectful and personally offensive terms. And as they had affirmed that the disbursement of the public revenues by the Legislative Council was illegal, he would give instruc tions that when payments had to be made from the public Treasury to any of those to whom they were due and held such opinions, they would be required to sign a receipt fully acknowledging the legality of such payment and of the authority under which it was made. The chairman of the Worcester meeting was a Mr. Kuys. He was at that time in receipt of a pension from the Government and before he could draw the next instalment due to him he signed such a declaration. CALEDON, on this matter, was divided into two parties. A meeting was called and a strongly-worded petition was sent to the Lieut.-Governor. But this meeting was entirely Dutch and was accused by the British of the district of not being a proper public meeting, but a private one, which did not represent the general feeling of the community. They (the British) sent in a counter-petition approving of the postponement. RlVERSDALE viewed with disgust the factious attempts made by certain low and irresponsible persons who were endeavouring to prevent the establishment of a free Constitu tion, they saw with deep regret the attempts made at public meetings in the East to keep up division and dissension by calling for the removal of the seat of Government. They prayed that Mr. Montagu might never again be allowed to return to the Colony. STELLENBOSCH regarded the postponement as a political grievance and an act of great injustice, the alleged reasons for doing so were most groundless and had been furnished by a small party which was thoroughly adverse to Represen tative Government. The South African College Council, even, in November, 1852, passed by a majority of seven, the resolu tion : " That in the opinion of this Council, it is inexpedient to apply to the present Legislative Council for any grant of POSTPONEMENT NOT FOR LONG 283 the public money towards the maintenance of the College CHAP. establishment." The Lieut.-Governor, however, exonerated VL them from any defiance of the Government.1 The prevailing opinion in the Eastern Province was diametrically opposite to the foregoing. At a public meeting held in Grahamstown on November 22nd, it was resolved unanimously that the meeting hailed with unalloyed satisfaction the postponement by Her Majesty's Government of the Constitution Ordinance on the following grounds : (1) the importance of not intro ducing the proposed change until after the Kaffir War and Hottentot rebellion had been put down, (2) from the impor tance of not confirming a Constitution giving numerical superiority to the Western Province until provision had been made either for the removal of the seat of Government to this Province or for a separation of the Province into two distinct and separate Governments ; and further, that the thanks of of the meeting were due to Sir John Pakington for his despatch of September 4th. All this was embodied in a petition signed by 730 names. Somerset East and Burghers- dorp and Fort Beaufort approved of these sentiments and sent in similar petitions. The postponement of the ratification, however, was not for long. At the end of 1852, further changes took place in the Colonial Office, the most important of which, as far as South Africa was concerned, was the appointment of the Duke of Newcastle as Secretary of State. There was now an activity in Downing Street which must have been — and indeed was — a satisfaction to the Cape Town Municipal party. As early as February 14th, Newcastle, in a despatch to Sir George Cathcart, said that immediate steps should be taken to remove the impediments which had hitherto stood in the way of Representative Government ; the Ordinance had already engaged his careful attention and, from the progress which had been made in settling many controversial points, he felt justified in anticipating its submission to Her Majesty the Queen in Council before the departure of the next monthly mail to the Cape. On March 1 Those present were the following : Sir John Wylde, in the chair, Advocates Denyssen, Hofmeyr, de Wet, Rev. Geo. Morgan, Dr. Aber- crombie, and Messrs. Borcherds, Frere, Brand, Jarvis, and Fairbairn. 284 THE ORDINANCE RATIFIED CHAP, nth, at Buckingham Palace, it was ratified, confirmed, finally enacted and authorised to come into force on the ensuing July ist. Everywhere, in the West at least, there was joy and thanksgiving, when in April, the news reached the Cape. x Nothing now stood in the way of the first general election and the first stage of the independence which was so much desired. After the many changes, modifications and amendments which had been made by conflicting authorities and parties, the following were the chief provisions in the final draft of the Constitution. Governor, Legislative Council and House of Assembly formed the Government. The Legislative Council consisted of fifteen members elected for a period of ten years, the Chief Justice was the President and five formed a quorum. A member of this august body had to be thirty years of age and be in possession of £2,000, in landed property or of £4,000 in general property. Eight members were chosen to represent the West and seven for the East, the whole country being divided into two constitu encies for this purpose. The House of Assembly was com posed of forty-six members elected by twenty-two constitu encies 2 for five years. They could choose their own speaker and twelve formed a quorum. Parliament had to meet once every year. The Governor had the power of dissolving both Houses at the same time or the Assembly only, but not the Legislative Council alone. The debates were to be in English. The qualifications for a voter were twenty-one years of age and the much-debated occupation for one year of premises worth £25 or receipt of an annual salary of £ 50 ; voting was to be by word of mouth, so that the absence of even so little education as would enable a man to write his own name was excused. Provisions were made for the conduct of the elections and many other details demanded by good and efficient government. On the receipt of the final draft Ordinance, little time 1 On May 13th the Cape Town Municipality recorded its high admira tion of the talents, character and the principles of C. B. Adderley, Esq., for his valuable and disinterested services in this connection. • Cape Town had four members and all of the following had two each : The Cape division, Stellenbosch, Paarl, Malmesbury, Caledon, Clanwilliam, George, Worcester, Beaufort West, Swellendam, Grahamstown, Uitenhage, Port Elizabeth, Somerset East, Graaff-Reinet, Fort Beaufort, Victoria East, Albert, Cradock, Colesberg, Albany. PROCLAMATION OF THE CONSTITUTION 285 was lost in commencing the activities which were to result CHAP. in a finished Parliament. The first step necessary was that *' of determining who, in accordance with the Ordinance, had a right to vote ; in other words, the important preliminary of forming a register of voters. To this end and in order to save time, on May 12th, circulars were sent to all civil commissioners instructing them to warn the several field cornets in their districts of the duties which would be re quired of them, when after the publication of the Proclama tion of July ist, they would be directed to commence this register. On July ist, 1853, a great day in the annals of South Africa, Sir George Cathcart in his Proclamation, declared the Ordinance which had been ratified and confirmed by Her Majesty the Queen " to be henceforth from that day in full force and effect." The work of the registration of voters commenced forth with. In consequence of the vast extent of the country and the sparseness of the population, this work took nearly five months. Not until November 17th, was it that Sir George Cathcart could proclaim that " Lists of persons qualified to vote in the several Electoral divisions of this Colony are completed and it is therefore fitting to proceed with the Election of the members of the (new) Legislative Council." While this registration was in progress, on October 14th, an interesting historical event happened. The old and much-abused Legislative Council, which had been in exist ence since 1834, met for the last time. The Lieut.-Governor in dismissing them, said in his valedictory address : " How ever justly it may now be regarded as unsuited to the Colony or incompatible with the advanced state of public opinion, a reference to the Statute Book and a consideration of its deliberations will show that it has neither been an unattentive guardian of the interests committed to its charge, nor un fruitful in practical measures," he therefore could not permit this last meeting to pass without explicit acknowledgment on the part of the Imperial as well as the Colonial Govern ment of the value of the services which have been rendered. Thus ended the first stage on the road to — eventually — the Responsible Government of South Africa. But now a curious 286 A GENERAL ELECTION HELD CHAP, state of things ensued. As there was no Legislative Council ' and the new Parliament was not yet formed, there was there fore no government in the country and no power competent to make laws but that of the Imperial Government. This, however, always happens between the dissolution of one Parliament and the formation of another. Long before the voters' rolls were completed requisitions commenced to be presented to those who were regarded by one party or another as the coming South Africa statesmen ; grateful and modest acceptances were returned. Soon, committees formed to ensure the election of chosen candidates were in full activity and election topics became the chief feature of the different newspapers. The election of members for the Legislative Council, which took place before that for those of the House of Assembly was completed by March 14th, 1854.1 This having been accomplished, the country was again called to the polls ; this time to vote for the members of the House of Assembly. In the course of about six weeks, this also was completed.2 Thus the Lieut.- Governor, on June 19th, was enabled to issue a proclamation to the effect that " whereas all and singular, the several Electoral divisions have now elected their respective Repre sentatives in the House of Assembly, and whereas it has now become lawful to summon a meeting of the Legislative 1 The numbers of votes accorded to some of the candidates are of interest. As unpopular and disliked as Sir Andries Stockenstrom was by many in high places, it would seem that this unpopularity did not extend to the majority of the general public. For in the Eastern Province he polled the greatest number of votes, viz., 6,315 ; Mr. Godlonton was far behind with 4,534 ; Mr. G. Wood received 4,427. In the Western Province Mr. H. E. Rutherfoord received 8,894 votes, Mr. F. W. Reitz 8,600, Mr. J. Wicht 8,184, Mr. J. B. Ebden 7,558, and Adv. de Wet 6,607. ' The elected members were H. C. Jarvis, Dr. Abercrombie, Saul Solomon and Dr. Biccard (Cape Town), J. M. Maynard and T. Watson (Cape division), P. J. Bosman and C. J. Brand (Stellenbosch), B. H. Darrell and C. A. Fan-bridge (Caledon), the so-called " doctor " Tancred and J. H. Brand (Clanwilliam) , J. Barry and J. Fairbairn (Swellendam), J. C. Molteno and D. Christie (Beaufort), E. B. Watermeyer and J. P. Wigging (Worcester), T. H. Bowker and W. Cock (Albany), J. P. Voester and J. J. Meintjes (Albert), J. G. Sieberhagen and J. P. F. von Maltitz (Colesberg), J. Collett and W. T. Gilfillan (Cradock), C. L. Stretch and R. J. Painter (Fort Beaufort), H. W. Law and F. A. Swemmer (George), J. F. Ziervogel and T. N. G. Muller (Graaff-Reinet), J. Thackeray and C. Pote (Grahams town), F. Duckett and H. H. Loedolff (Malmesbury), J. Paterson and H. F. White (Port Elizabeth), R. M. Bowker and J. G. Franklin (Somerset), J. C. Krog and S. J. Hartman (Uitenhage), J. G. Franklin and J. Stewart (Victoria). BOTH HOUSES ASSEMBLE 287 Council and House of Assembly," he commanded both to CHAP. meet in Cape Town on June 30th, at 1 1 a.m., the Legislative VI" Council to assemble in the place where the disbanded council used to meet and the House of Assembly in the banqueting hall of the Masonic Lodge de Goede Hoop.1 On June 30th, both houses assembled in their respective places. The business of this day was the preliminary cere mony of the administration of the oath to each member. In both cases, by a preconcerted arrangement, deputations were sent to the Lieut.-Governor, who was seated in the Executive Council in Government House, to announce that, in accordance with his command of June 19th, they had met. In the case of the Legislative Council, the deputation con sisted of Messrs. Ebden, Reitz and Wicht and in that of the Assembly, Messrs. Fairbairn, Brand and Cock. Each deputation having made its announcement and received the gracious thanks of the great man, returned to its respec tive chamber. Shortly after the return of the members of the Legislative Council, three loud knocks on the outside of the door were heard and then in walked the Hon. R. W. Rawson, the Secretary to Government, " in full Windsor uniform," accompanied by the Hon. W. Field. They were the heralds of Mr. Justice Musgrave, the senior puisne judge, who followed closely upon their heels and had been deputed by the Lieut.-Governor to administer the oath to each. This ceremony, in full view of some two hundred of the privileged general public, was performed with all due dignity and solemnity. Much the same took place in the Assembly in the Goede Hoop Lodge. Mr. Justice Bell, the second puisne judge, there performed the ceremony. After the administration of the oath in the Assembly and the departure of the judge, the members proceeded to elect their Speaker. Messrs. Fairbairn and Brand were nominated. Mr. Adv. C. J. Brand was elected by 24 votes against 19, which were given for Mr. Fairbairn. All was now in order for the still greater ceremony of the opening of Parliament on the morrow. ' Vide excellent illustrations of these places in The Old Cape House, by Ralph Kilpin, Esq., Clerk-Assistant of the present House of Assembly, and an authority on Cape Parliamentary matters. 288 OPENING OF THE FIRST PARLIAMENT CHAP. On July ist, 1854, was opened the first Parliament in South Africa. The spectacular ceremony, which in its details seems to have been very like that which we see in these times, took place in the state room of Government House. The Governor, Sir George Cathcart, had been called from the colony in May, to take a command in the war with Russia which had broken out shortly before, hence his duties in connection with the opening of the first Parliament at the Cape devolved upon Lieut.-Governor Darling, who for the time was Acting Governor. The opening speech was an able and encouraging document. The Eastern Province especially had reason for satisfaction with it. In general, it promised a new and happier era in the history of the country. The long Kaffir War having come to an end, a military occupation was promised for British Kaffraria, which was to be under a separate government, though still subordinate to Cape Town. And as some approach to the demand for separation or removal of the seat of Government, the Eastern Province was again to be raised into a Lieut. -Governorship, with two additional judges and a law officer of the Crown to be styled " Solicitor General." Grahamstown was to be the military headquarters and along the frontier in the country from which the predatory Kaffirs had been expelled, there was to be a settlement of energetic and gallant farmers on military tenure — the establishment of the Queenstown district ; in fact, so pleased were all with this speech, that it was afterwards printed and issued in pamphlet form. The ceremony ended, Cape Colony, at length, had gained its own representative Government. " And so, two hundred and two years after the foundation of the Cape Colony, its destiny was to a large extent in the hands of its own people. The country was not yet indeed self-governing, for the principal officials were still appointed in England, and their salaries were secured by a reserved civil list, so that parlia ment had no authority over them ; but henceforth no policy could be carried out against the wishes of those to whom it was home." — Theal. AUTHORITIES FOR THIS CHAPTER 289 The duplicate despatches and enclosures in despatches for the period CHAP. in the Cape Town Archives. VI. The Blue Books — " Papers relating to a Representative Government for the Cape of Good Hope, 1853 and 1854." The Government Gazette for the period. The Commercial Advertiser and Cape Town Mail, as well as the GYahamstowrt Journal. And the Old Cape House, by Ralph Kilpin, Esq., Clerk- Assistant in the present House of Assembly, Cape Town. Romance of a Colonial Parliament, by Ralph Kilpin. This book deals with the history of the Cape Parliament from the date to which matters have been brought in this chapter. Mr. Kilpin is an expert on all matters connected with Cape Parliamentary history and procedure. The author therefore has much pleasure in acknowledging here, with gratitude, the advice, criticism, and approval he has received from Mr. R. Kilpin on the matters dealt with in this chapter. VOL. V 19 CHAPTER VII OUTBREAK OF THE KAFFIR WAR OF 1850-53 CHAP. As has been seen in the last chapter, the progress of the ¦ establishment of a Representative Government was hindered, not only by the actions of the four malcontents, but also by a Kaffir war which broke out at the end of 1850 and which was to last during the ensuing two and a half years. Up to about the middle of that year Sir Harry Smith's Kaffir land policy seemed to have been productive of all the satisfaction that could well have been expected or desired. A permanent foundation of moral and industrial improve ment seemed to have been laid. The burnt down mission stations had been rebuilt 1 ; those of Lovedale and Mount Coke were receiving grants of £100 per annum for the purpose of training Kaffir teachers, while those Kaffirs who qualified were to receive subsidies of £12 per annum. Other signs of advancement were the breaking up of virgin soil by the plough, the decreasing rarity of European clothes and the increase in trade. By January ist, 1849, 43 licences of £50 each had been issued to traders who sold goods of British manufacture on which five per cent, ad valorem duty had been paid, as well as twelve per cent, on beads, buttons and other gew-gaws. Thus it had been possible to spend £1,220 on roads and bridges. King William's Town, which at the beginning of the year had consisted of only a few huts, was now blossoming out into a respectable township. A commendable desire on the part of the native to go into the colony for honest work was evident ; during 1849, 619 1 There were now 15 mission stations in British Kaffraria. The Wesleyans had three, the Free Church of Scotland three, the London Missionary Society three, the Berlin Society two, the U.P. Church of Scot land three, the Moravians one. The total number of natives attending divine service was 1,492, and attending school 833. 290 APPARENT PEACE 291 asked and obtained permission to leave Kaffirland for this CHAP. VTT purpose. The Kaffir police force had so far proved itself a most reliable and valuable body of men and though it had been said that they could not be trusted to act against their own people, they always did when . called upon to do so. In short, apparent peace and contentment had replaced the anarchy and tyranny of their own government and way of living. Annually, as near as possible to January 7th, the able Colonel Mackinnon, who, under Sir Harry Smith, was the ruler of British Kaffraria, held a great meeting of all the chiefs and people at King William's Town for the purpose of distributing presents to the well conducted and of speaking plain words of reprobation to the evil-doers. It was an interesting sight. Many hundreds, perhaps thousands of natives in their semi-nakedness squatted on the open veld, while officers in bright uniforms occupied a prominent place from which they could address the crowd. Col. Mackinnon opened the proceedings by a general talk on the advantages of civilisation over barbarism with special reference to the good and bad acts of his audience during the preceding year. Then, at his request, there followed the reports of the com missioners, Mr. Brownlee for the Gaikas and Capt. Maclean for the Ndhlambis, on the conduct of the tribes for which they were respectively responsible, and finally there were the replies which were called for from the chiefs, who were present, each of whom had brought a fat ox as token of his allegiance to the British Crown. The ceremony concluded with the distribution of about £1,000 worth of presents. These consisted of jackets, corduroy trousers, shirts, glengarry caps for the men ; dresses and shawls for the women, and for all, blankets, spades, picks, hoes, cooking pots, axes and such-like articles, all conducive to industry and civilisation ; but no beads, buttons or other rubbish. This happy, or apparently happy, state of affairs in Kaffirland reacted upon the colony. There was an unprece dented freedom from marauding and annoyance by Kaffir thieves. Never in the history of the country had there been so quiet a time in this respect ; there was a security for life and property hitherto unexampled on the frontier. 292 VAGUE MISGIVINGS CHAP. Addresses, in their nature wholly without precedent, were ' sent to the Governor from Albany, Salem and Fort Beaufort, places which usually felt the first brunt of a Kaffir inroad. " We, the undersigned landed proprietors and inhabitants of farms in the district of Albany," said the address from that part, " consider the present to be a fitting time to express to Your Excellency our very high sense of the unexampled quiet and security which we, in common with all the inhabi tants of this district have enjoyed since Your Excellency first assumed the management of the affairs of the frontier of this colony." Thus, this happy state of affairs continued through a part of 1850. But towards the end of that year, there gradu ally arose vague misgivings that all was not right. Unknown to any but those who were concerned or implicated there was, among the Kaffir chiefs, an undercurrent of discontent at the loss of influence and profit which the new conditions entailed upon them. The sweets of civilisation ceased to be as attractive as the advantages which they gained under their own system. They could no longer " eat up " their people, that is, they could no longer trump up some charge of witchcraft — or get the witch doctor to do so — against wealthy individuals and rob them of their cattle, and they had lost their freedom to practise their immoralities and other horrors of unadulterated Kaffir life. All this they had had to endure while they were recovering from the effects of the last war ; but now that that was long past, and they had regained their spirits, there was a disposition to regain also their prestige and power among the tribes. Cautiously at first, but with a decreasing regard for conse quences and an increasing boldness, they showed themselves prepared to endeavour to put an end to these restraints and to defy the Government. Towards the end of 1850, this had so developed as to become patent to all. The first indication or evidence of something sinister commencing in Kaffirland, was a vague rumour that there had arisen a " prophet " who, by means of supernatural agencies, was predicting great forthcoming events and was attracting crowds of Kaffirs to hear " the news." This first came to the notice of Capt. Maclean, the Government A NEW "PROPHET" 293 Resident with the Ndhlambis at Fort Murray, on August 1 8th, CHAP. 1850. The name of the "prophet" was Umlanjeni, of Umkye's tribe. Capt. Maclean summoned to his presence Umkye, Umlanjeni and his father Kala. Umkye alone obeyed the summons. He stated that there was such a person as Umlanjeni, and that he was doing much good by preaching against witchcraft, the abolition of which was so strongly inculcated by the English. Capt. Maclean was not satisfied with this. Again he summoned Umlanjeni and Kala and again the order was disobeyed. He therefore then sent a company of the 2nd division of the Kaffir police. Kala was arrested and taken to Fort Murray, but Umlanjeni who was quite a young man, was found to be so ill and emaciated that he could not be moved. Kala and Umlanjeni were given five days to remove to near the kraal of the chief Umkye, in the vicinity of the Mount Coke mission station. It was felt that as Umkye had kept clear of the last war and had shewn himself loyal, he might have a restraining and healthy influence over the " prophet." This order also was ignored. The Kaffir police therefore again visited Kala's place. Umlanjeni had disappeared and could not be found. It appeared that he had no definite place of abode, that at night he concealed himself in the bush and that he had many spies who warned him of the approach of unwelcome visitors. Although Capt. Maclean was anxious to seize Umlanjeni and keep him in safe custody, there was no very tangible reason for doing so ; there was nothing definite against him ; there was no evidence that he had excited the people to war, though it was clear he had so unsettled their minds as to prepare them for it. Nothing was known about what transpired at the meetings beyond — extraordinary as it may sound — that Umlanjeni was directing all bewitching material to be destroyed. Moreover, protected as he was by spies, it would have been no easy matter to seize him and failure in the attempt would have increased the belief in his power, while success would certainly have produced great irritation among the tribes. He was therefore left alone. His influence travelled far. Mr. Fynn, the resident agent with Kreli at Butterworth beyond the Kei, reported that the excitement had extended into those regions 204 DESERTION OF KAFFIR SERVANTS CHAP, and that Umlanjeni was believed to be a supernatural being ; some said he was really Makanna, who had never died.1 All Kreli's people, Mr. Fynn said, were dispossessing themselves of poisonous roots and charms of all kinds which were considered to be " white " or bewitching matter. Baboons also were banned. It is not clear that natives ever harboured or made pets of these repulsive creatures, though they seem to have been accused of doing so for evil purposes. Mr. Fynn reported a case of a native who was accused of this and knowing that his denial would not be believed, went and put his case before the omniscient Umlanjeni ; he declared him innocent and thus saved his life. The vague rumours in connection with Umlanjeni spread to the colony. The long and sad experience which had been the lot of the frontier inhabitants did not permit these rumours to be regarded with anything but apprehension of the worst. Further to dispel the sense of security into which all had been lulled and to indicate that the short lived peace was at an end, there was an extraordinary and general desertion of employment by the Kaffir servants. In such a hurry were they to leave their services that they did not even wait to receive their wages. Farmers, in the early morning, wondering to find the cattle kraals unopened, the milking not in progress and other farm duties being unattended to, visited the huts in which the natives lived, only to find them empty and the occupants gone from the place. Kaffir domestic servants, in like manner, failed to appear when their household work should have begun. Some who were known to be leaving when asked the reason would give no other answer than that they were going to Kaffirland. In some few cases, faithful servants warned their masters of coming danger. Such a case was that of C. Coetzee, who lived in the wild region of Double Drift on the Fish River.2 He was told by two of his Kaffir men that war was coming. They reminded him that they had given him a similar warning at the outbreak of the '46 war, but that he had not heeded 1 The witch doctor who, having egged on the natives to attack Grahamstown in 1819, was captured, sent as a prisoner to Robben Island, and was drowned in trying to escape to the mainland. Vide Vol. I of this work. ¦ Vide illustration, Vol. Ill, page 192, of this work. SIGNS OF DISAFFECTION 295 it, and the result of this neglect was the loss of all his property. CHAP. Alarm spread throughout the frontier. Farmers commenced to drive their stock more towards the west, homes were abandoned and again, for mutual defence, the miserable laager life commenced. Further signs of impending danger were forthcoming from other quarters. Mr. Cyrus, the Government interpreter, had made it his business to institute, in all directions, inquiries concerning the attitude of the Kaffirs. Though many of his statements were merely hear say evidence, they were yet of importance as being, so to speak, floating straws which indicated the direction of the current. He learnt that some Kaffirs (Gaikas) had visited the Fingoes who were living on the lands in the Victoria district, near the town of Alice, and had told them, in a threatening manner, that though the Government had placed them there, the Gaikas would see to it that they did not remain there very long. From another native he gathered that a messenger from Sandilli had arrived at the place of the chief Pato and had delivered a message to the following effect : " Arise, clans of Kaffirs, the white man has worried us, he is taking away from us the rights which we inherited from our forefathers, we are deprived of our chieftainships, there are so many boundaries and himself and his people are continually being made to pay trespass, the whole country is dotted with white men's houses and white flags x ; let us fight for our country, it shall be known all over the world that Sandilli died fighting for the Rarabes." Pato replied that he had been instigated by Sandilli to fight in the last war, but it was the last time, never again should it be said that Pato has joined in war against the Government. It will be seen in the sequel that Pato was as good as his word. To Mapassa, the chief of Tambookieland (the present Queenstown district) a similar message was sent. In view of subsequent events a very important statement was obtained from one Mani, a corporal in the Kaffir police. He acknow ledged that he was only performing his present duties on account of the famine — the result of the prolonged drought — but that when the time came he and others would leave the police and join the Kaffirs. 1 Land surveyors' flags. 296 THE COMMISSIONERS MEET CHIEFS CHAP. To Colonel Mackinnon and all those most conversant ' with the state of affairs it was clear that the prime mover in all this disturbance, if not the only one, was the half-fool and half-knave x Sandilli, further it was clear that Umlanjeni was merely a tool in his hands and that until he was removed from the control of his tribe there could be no permanent peace. His cabals and intrigues must have been going on for some time before they became known in the colony and while Sir Harry Smith was congratulating himself that all was so quiet and promising. Colonel Mackinnon, however, was of opinion that there would not be war or not then at all events, as there were wanting the signs which could not have been absent had an outbreak been intended. The Kaffirs, for instance, were continuing to bring their cases before the commissioners ; neither the Kaffir police nor the military were resisted in their performance of their duties and cattle were not being driven into places of hiding in the mountains. But all the same, Col. Mackinnon felt it expedient to instruct the commissioners, Mr. C. Brownlee for the Gaikas and Capt. Maclean for the Ndhlambis, to assemble their respective chiefs and to warn them against paying any attention to the fanatical outpourings of Umlanjeni. He did not think it advisable to attempt to have a general meeting of all the chiefs at King William's Town as it seemed clear that, in their excited state, they would not have attended at any garrison towns, moreover he did not wish it to appear that, in so doing, he attached any importance to Umlanjeni's actions. The meetings with the commissioners took place on October 1 ith. At Fort Murray, Capt. Maclean met Pato, Cobus, Toise and Jan Tzatzoe, Umhala, Seyolo, Siwani and Umkye ; other chiefs not above suspicion, were according to their own words, unaccountably taken ill and could not attend. After hearing Capt. Maclean, the former chiefs expressed their entire disapproval of Umlanjeni and their unshaken fidelity in the Government. Ever since the " eating up " system had been done away with, they said, there had been talk among the chiefs about it ; the great chiefs were * Col. Sir Walter Stanford, LL.D., who knew him well, does not agree with this description of Sandilli. THE GOVERNOR LEAVES FOR THE FRONTIER 297 against the Government, but nearly all the petty ones and CHAP. the common people were loyal as they could now live in peace, without fear of being " eaten up." The more important meeting was that of Mr. Brownlee with the Gaikas — the real sinners in all this upset. There were present, Sandilli with his brother Anta, Maqomo, Xoxo, Tola and Namba, unquestionably the worst characters in Kaffirland, with about 1 50 of their councillors. Mr. Brownlee who spoke in Kaffir, did not mince matters. Assuming a fearless and authoritative manner, he told them very plainly what would happen to them if they attempted any hostile action against the Government. He accused them of having sent messages to the servants in the colony inducing them to desert their employers and he ridiculed their faith in the impostor Umlanjeni. He pointed out to them the disastrous consequences there would be to them if they again entered upon war, they had already lost much territory in former wars and now, he assured them, another war would strip them of their remaining country and authority. He disabused their minds of the belief that Colonel Somerset was going to make war upon them and seize all the chiefs. This idea had become spread among the Kaffirs because they saw and misinterpreted the preparations which the colonists were making for defence against attack. The substance of Sandilli's reply to Mr. Brownlee was that it was believed that the soldiers were to come to seize the chiefs, but they them selves did not intend to make war, they could not fight if they wanted to, they said, as at the present time they had neither corn in their pits nor seed in the ground — men who fight must eat. In these sentiments he was supported by those who were present. When news of the state of affairs in the East reached the West, the Executive Council met, on October 14th, and decided that Sir Harry Smith should leave for the frontier immediately. Accordingly on the 17th 1 he left Simon's Town in the Hermes and reached East London on Sunday the 20th, and by the evening of that day, he was in King William's Town, a quickness of travel which we do not ordin- 1 He tried to leave on the 15th, but a gale compelled the vessel to put back to Simon's Town. 298 THE GOVERNOR MEETS THE CHIEFS c^p- arily beat nowadays. Passing through the territories of Pato and Umhala on the way to King William's Town, he found everything quiet and no indication of war, and not less satisfactory seemed to be matters in King William's Town itself. In fact, for a time at least, there was a lull in the storm. It may be that, as had been the case before, his presence inspired confidence in those who feared and fear in those who threatened. Arrived in King William's Town and having learnt at first hand all that had been happening, Sir Harry Smith's first object was to summon all the Kaffir chiefs before him. To this end, messengers were sent to them far and near, ordering them to meet him at King William's Town on Thursday, October 26th. On that day, there came all the important Ndhlambi and Gqunukwebi chiefs with concourses of hundreds of their followers. But of the Gaikas, only the big chiefs Xoxo and Tola appeared ; the two most wanted, Sandilli and Anta, refused to obey the summons. The usual ceremony took place, namely, the great and motley crowd of natives in karosses, old European costume and their next-to-nothingness sitting in a large circle and the Governor with Col. Mackinnon and staff standing in the centre. The gist of the Governor's somewhat theatrical speech was a warning against the disastrous conse quences which would surely overtake them if they listened to the madman Umlanjeni and made use of his utterances for the purpose of exciting the people to war. In severe terms he reprobated Sandilli for his absence from the meeting and concluded by telling the chiefs that he was willing to listen to anything they had to say, so long as it was not any excuse or extenuation of Sandilli's conduct. They all repudiated the idea of making war, they still regarded, they averred, the Governor as their father ; they were his dogs and they thanked their father for giving them peace. In spite of the above injunction, Xoxo appealed on behalf of Sandilli. The excuse was that he (Sandilli) had fallen from his horse and injured himself. This statement was suspected to be a lie , it was afterwards found to have been one. As Sandilli had not attended the meeting and as Sir Harry Smith was most anxious that the chief should be unable to urge as an excuse his ignorance of the views and intentions regarding him, Sandilli's Counsellors Chief Sandilli Four of Sandilli's Wives SANDILLI'S REPLY TO MR. BROWNLEE 299 the Governor instructed Mr. Brownlee to use every exertion CHAP. to go and find Sandilli and deliver a message. After some search, Mr. Brownlee found the chief at the Quilly Quilly. He then read, or rather, translated into Kaffir, the message which the Governor must have committed to writing. It was to this effect. " Oh, Sandilli, many years ago when you were a child with your good mother, Sutu, I clothed you and treated you as a father and loaded you with presents, I left you happy ; I hoped you would continue to be good, but No ! you made war upon the colony." All the good things the Governor had done for the Gaikas were recapitu lated ; how he had given presents to the people and en deavoured to promote their happiness in every way ; how he had released Sandilli from prison in Grahamstown instead of sending him to Robben Island as he had deserved. And now what had been the return ? the happy state of affairs had been interrupted by Sandilli listening to the madness of a boy and encouraging war. " You or some of your people have called in all the servants from the colony." ..." I sent for all the chiefs, I expected you, but you came not, you sent your half-brother Xoxo to tell me a falsehood that you had fallen from your horse." ..." I came nearly a thousand miles in four days to see you — to hear your wants — I have been patient with you. Now I send Brownlee with my word that unless you come here, or show Brownlee the wound which prevents you — I will throw you away — will not know you — you shall not be a chief, but an outcast, your conduct is that of a guilty man, else why are you afraid ? " Sandilli in reply, outwardly at all events, was most contrite and assumed an air of injured innocence. He prayed the Governor would deal mercifully with him, he denied that he was desiring war and generally he represented him self as a loyal, loving subject who could not be guilty of such an act. He feared to meet the Governor as he felt there was a plan to seize him on account of the late excitement ; more over, he remembered that on a former occasion, he had been induced to go to Col. Buller's camp as a free man, but on arriving there he had been detained as a prisoner and sent to Grahamstown. In the end he refused to go to see the Governor. 300 SANDILLI DEPOSED CHAP. Sandilli therefore was " thrown away." On October 30th, the Governor proclaimed : " Now be it known that I hereby depose the said Sandilli from his rank as chief and that I appoint Charles Brownlee to assume the direct control of Sandilli's tribe, whose loyalty I have no reason to doubt under the instructions of the Chief Commissioner of British Kaffraria." There can be no doubt that this extreme penalty and dreadful fate had not the slightest effect upon Sandilli or a single Gaika. A great and hereditary Kaffir chief could not, in the minds of those people, be deposed by the stroke of a British pen. Sandilli was in his own country and among his own people and, though he does not seem to have been held in very high esteem by them, he was the son of the great Gaika and the chief who held his position in virtue of the conservatism and traditions of the tribe. His deposition therefore under the circumstances, by a foreign power, so to speak, was a trifle hardly worth his notice. With his people, he was still their chief. In order that this bold and revolutionary step might not create misunderstanding and concern in the minds of other chiefs, the Governor instructed the commissioners to assemble them again and make them acquainted with the reason for his action. This was done. On November 2nd, Capt. Maclean reported the result of his meeting. In answer to his statement, the senti ments expressed by the chiefs were that they were astonished at Sandilli refusing to appear before his father ; if he was such a fool as not to attend when summoned, he must suffer for his conduct ; they approved of his deposition ; he was a child and afraid of his father ; he was the chief who ought to have led them on; " we hold by Smith's word." Mr. Brownlee met the Gaikas at Fort Cox for the same purpose. There again the same approval — or pretended approval — of the Governor's action was expressed. Within a few weeks, however, the true value of all these amicable speeches and protestations became apparent ; it became clear how, consciously or unconsciously, Sir Harry Smith had allowed himself to be led away by these crafty natives and how while there was all this show of loyalty and peace able intentions they were making their preparations for war. It is doubtful whether there was not, at the back of Sir Mr. Brownlee meets the Gaika Chief near Fort Cox Specially drawn for this work by Mr. G. Porte from material supplied by the author. NO EVIDENCE OF WARLIKE DESIGNS 301 Harry Smith's mind, some consciousness that everything was CHAP. not as satisfactory as he professed to believe it to be. He well knew that the Home Government was very decidedly averse to incurring any additional expense on account of the colony ; he must have hoped therefore, that his sudden re-appearance among the tribes and his " hail fellow well met " attitude towards them, would have staved off, if not entirely avoided, the evil day. Satisfied, outwardly at al events, that tranquillity reigned in British Kaffraria, he left King William's Town the next day. His object, now, was to allay the alarms which the conduct of the Kaffirs had created as well as to inspire all with confidence in his measures for the general protection of the country. He quite realised that the misery which the farmers had suffered in the two former wars was still fresh in their memories, he therefore was able to sympathise with them in the present alarm which had driven them from their homes and caused them further dis tress. He received addresses from Uitenhage, Peddie, Port Elizabeth, Sidbury, King William's Town, and East London. A rigid enquiry into the conduct of the Kaffir chiefs who were believed to be plotting to attack the colony was asked for ; it was felt that as long as they were permitted to exercise any independent authority over their people, such authority would be exercised to the prejudice of the colony. In answer to these, the Governor stated that as far as he had been able to obtain any direct evidence, he did not see that the chiefs were plotting against the colony or that they intended war ; but he saw that the Kaffirs felt that the pre parations which the colonists themselves were making for defence, the abandonment of their homes and the driving away of their cattle were interpreted as an intended attack upon them. As a practical measure, he approved of the formation and establishment of a body of police to be called the Rural Police. It was to consist of fifty Europeans whose duty would be to watch the frontier on the colonial side. There were to be four posts between the Winterberg and the sea at which some men would be stationed while others were on patrol. It never materialised however, as circum stances soon necessitated the calling out of a much larger force than this. On November 18th, he left Grahamstown, 302 GAIKAS DEFY THE GOVERNMENT CHAP, and returned to Cape Town. Grateful as the frontier inhabitants were for the concern which the Government had shown in their affairs and much as they endeavoured to place confidence in his assurances, they could not divest themselves of vague apprehensions of coming disaster. Beyond the mysterious disappearance of the servants there was nothing definite or tangible upon which to base any opinion or to take any action. Shortly after the departure of the Governor, however, there was an unmistakable indica tion of the disposition of the Gaikas to defy the Government. It appeared that an ox had been stolen from a place near Fort Hare and the spoor traced to the kraal of one Tsolekeli. Superintendent Davies with nine of the Kaffir police went to Tsolekeli's kraal and took four oxen as punishment for the theft. On the return journey they were shadowed by thirty- five men belonging to the kraal until circumstances offered a good opportunity for attack. This was made and the four oxen were recaptured. Six of the attacking party had guns and all had assegais. The matter having been reported to Mr. Brownlee at Fort Cox, he sent a civil policeman to summon the Gaikas with their headman to appear before him. Only Qwarana, the headman, obeyed the summons. After some explanations on the part of Qwarana in which he established his own personal innocence, Mr. Brownlee demanded (i) the return of the four head of cattle, (2) the surrender of the six guns and assegais and (3) a fine of twenty head of cattle for the rescue. Qwarana returned to the kraal with this information. The rescue met with the con siderable approval of many of the Kaffirs ; hence the demands of Mr. Brownlee were not greatly respected. Qwarana continually asked for extensions of time and in the end only the four head of cattle were given up. Ten oxen at another time were offered as part payment of the fine, but these were refused and the natives were told that unless the whole number together with the six guns were brought within ten days the fine would be doubled. In the end nothing further was done. The reports concerning Kaffirland which were received by Col. Mackinnon and Capt. Maclean from private and confi dential sources indicated that matters were reaching a climax and demanded the utmost caution in insisting upon FERMENT AMONG THE KAFFIRS 303 the observance of the law. They feared precipitating an CHAP. outbreak which nevertheless seemed inevitable. The chief Toise of the Ndhlambis seemingly disapproved of the action of Sandilli and the Gaikas and showed himself disposed to assist the Government. He reported to Capt. Maclean that he sent two of his councillors to Anta's kraal on pretence of getting some cattle, but really to " hear the news." Anta told them to fill Toise's ears with " the news " that, in consequence of " Smith " taking away Sandilli's chieftainship, the Gaikas had held a meeting to consider what he (Smith) meant by putting councillors over Sandilli. Before he does that he must fight Sandilli and seize him ; the Gaikas were ready for war. Anta was further reported to have said that he would drive his cattle on to the colonial side of the Chumie river and that if they were seized he would make that a case for war. From another source there came the very important infor mation — important in the light of subsequent events — that there was considerable ill-feeling among the natives who were living in the vicinity of the military villages of Woburn and Auckland. They were incensed at the settlers seizing and impounding their trespassing cattle and this too in a country which they regarded as their own. They refused to pay the fines incurred, and Col. Mackinnon thought it prudent not to exact them. It was known further that many of the natives were killing their cattle and feasting on the meat, a very unusual procedure except in times of preparation for war, their food ordinarily being mealies and milk. In short, there was a general ferment throughout Kaffirland. There seemed how ever, to be considerable division of opinion on the subject of war ; even the Gaikas were divided among themselves on the subject. The Gqunukwebi chief Pato was determined to side with the Government. He said, " I deceived the Government during the last war, I gave out that I would not join in the war, but I was overcome by Sandilli and I gave way, I joined the Gaikas and I have ever regretted it. I have sworn I will never take up arms against the Govern ment again ; to prove this I offer to protect all Government and other waggons travelling up and down the East London road." 304 FRONTIER INHABITANTS CALLED OUT CHAP. Sir Harry Smith had been in Cape Town barely three weeks when the disquieting news from British Kaffraria decided him to leave again for the East. All doubt concerning the rebellious intention of the Gaikas had vanished. On December 5th, he embarked on the Hermes, but this time he took with him four companies of the 73rd regiment and thirty men of the Royal Artillery. He arrived at the mouth of the Buffalo on the 9th. It was something of an encouragement to him to meet Delima, the son of Pato, who offered to place 1,400 of the Amagqunukwebi at his service. The acceptance of this co-operation required very cautious consideration. In the end the Governor availed himself of their assistance in keeping open the road from East London to King William's Town. His first proceeding after arriving in King William's Town was to issue a proclamation calling upon all the frontier inhabitants, who were capable of bearing arms, to enrol themselves for self-defence as the greater part of all the troops in the colony was to be called into British Kaffraria. And his second was to interview the Kaffir chiefs again. On the 14th, at King William's Town, all the Ndhlambi chiefs with a great number of their followers assembled. His speech was of the usual theatrical character, adverting to the benefits the Government had ever endeavoured to confer upon the natives and the small gratitude many of them had shewn in return. He told them he had now brought soldiers to punish the rebels among the Gaikas and that all who obeyed him would be marked out for their loyalty while those who did not would inevitably lose their country. The chiefs in reply, spoke in terms of loyalty and determination to assist him if occasion arose. Before proceeding to meet the Gaikas, he seems to have desired to overawe them by stationing a considerable military force in their country. To the Kabousie Nek he sent 389 men and 4 officers under the command of Col. Eyre of the 73rd ; at Fort Cox 571 men and 7 officers were stationed under the command of Col. Mackinnon and 457 men and 7 officers at Fort Hare under Col. Somerset.1 1 The force consisted of drafts from the 73rd, 91st, and 6th Regiments and the Cape Mounted Rifles. REWARDS FOR SANDILLI AND AMTA 305 He further offered on the 16th (Dec.) a reward of CHAP'. £500 or 250 head of cattle for the capture of Sandilli and £200 or loo head of cattle for Anta. On the 18th, he moved from King William's Town to Fort Cox. Travelling by way of the Green river (Umdizini), Debe flats and Fort White he Saw little which indicated an impending war. Cattle were grazing near the native kraals and the people themselves gave him kindly and respectful greeting. All seemed tranquil. On the 19th, a crowd of some three thousand Gaikas as sembled on an open space near the fort to be addressed by him. All the important chiefs were there except the two most wanted, namely, Sandilli and Anta. In a mannner conciliatory, yet very firmly, he put the state of affairs before them. " Gaikas," said he, " there is the spot on which I made peace with you fourteen years ago," then pointing to the lands beyond the Burn's Hill mission station, " there is the grave of Gaika — Gaika, whose dying word was ever to keep peace with the English." ..." Now the man (his son) who was your chief has been exciting you to rebel against Her Majesty's authority. ... I come now not to punish the good, but the rebels." He then recounted the evils of which Sandilli had been guilty in spite of the benefits which had been conferred upon him and he assured his listeners that he could bring great numbers of troops to drive rebels out of the land. He concluded with an appeal to them to " sit still " and to permit him to bring the evil doers to book in his own way ; he demanded that Sandilli and Anta be given up and that every fine which had been incurred in consequence of resistance to Mr. Brownlee's demands be paid. It would appear that some of the great men were not as overawed by the address as was desired. One asked the Governor why he had brought so many troops with him if he placed such faith in them. To this he answered that that was to show that he was resolved to put down rebellious subjects and that if they resisted the civil authority, they would soon learn what the troops were for. Another on hearing that many big ships could come over the sea and bring still greater numbers of troops, asked whether the great Queen had ships which would go up the Amatola mountains!' vol. v 20 x 3o6 A FATEFUL EXPEDITION CHAP. In the interests of peace it cannot be said that much was VII gained by this meeting. In fact, but a very short time was to elapse before it became evident that peace — at this time at all events — was the last thing the Gaikas desired. Believing that a big military demonstration in the woody fastnesses of the Amatola mountains would cause Sandilli either to surrender or fly the country, the Governor ordered Col. Mackinnon to take command of a very large patrol and move off in the direction of Keiskamma Hoek. It is quite clear that nothing more was expected than that there was to be a long and toilsome march with, at most, the dangers and difficulties inseparable from krantz and kloof. At daybreak on the morning of the 24th, there set out from Fort Cox a force consisting of 8 officers and 236 rank and file of the 6th regiment, 2 officers and 75 rank and file of the 73rd, 7 officers and 167 rank and file of the Cape Mounted Rifles (Hottentots) and 2 officers and 90 of the Rifle Brigade, in all 19 officers and 568 rank and file. The detailed account of this fateful expedition is perhaps best told in the words of one who took part in it, namely, Col. (then Lieut.) Armytage of the 6th regiment.1 " On the night of the 23rd (December, 1850) " says Col. Armytage, " a patrol consisting of about 500 infantry, 150 cavalry (CM. Rifles) and Kaffir police was sent out with provisions for three days. We were ordered to be most civil to all Kaffirs ; we were not to load our muskets and were not to fire a shot unless we were first fired upon. Those orders were strictly obeyed. I believe it was the Governor's intention that we should march through a part of the Amatola moun tains and return by another route to Fort Cox. The Governor himself remained in Mr. Brownlee's house which lay at some distance from the fort. It was a most exposed position, not far from Burn's Hill where the waggons were attacked and taken from the 7th Dragoon Guards in 1846. We were told that the object of the expedition was the capture of Sandilli and his brother Anta. " At two o'clock on the morning of the 24th, we started. 1 With Col. Armytage, after he had returned to England, the author of this work had considerable correspondence and is indebted to the gallant soldier for this account as well as other valuable information concerning those times. Photo : Rev. Canon Wyche. Boomah Pass Specially photographed for this work. Post Retief THE BOOMAH PASS 307 We entered the Keiskamma about daylight and at about CHAP. seven o'clock we had marched 8 to 10 miles through a very IL bad country — close bush all the way — I noticed heaps of freshly-thrown stones (luck stones ?) to which I drew the attention of my brother officers. We halted about two hours for breakfast. It was noticeable that scarcely a Kaffir came to sell us anything or to look at us as was usually the case. In due course, we continued our march. The cavalry was right in front followed by the Kaffir police ; then came the pack mules carrying the ammunition and the men who formed its guard, while the infantry of the 6th and 73rd were in the rear. Before entering the pass, I noticed, on a large and conspicuous rock, half-way up the hill on the right hand side of the river, some Kaffirs who were alternately rising and hiding again. Through my spy glass, I saw clearly many half-hidden Kaffirs and among them I recog nised Sandilli. I pointed them out to Lieut. Norris of the 6th. We wanted to report this to Col. Mackinnon, but we could not as he with his staff and the cavalry were so far away in front. I was remarking to one of my brother officers how easy it would be for an enemy to prevent any force going through this dangerous pass, when we heard an unusually loud single shot fired a good way ahead of us. I myself was on the alert as I felt sure it was a signal ; others thought it might have been one of the cavalry shooting game. About ten seconds later, a shot came whizzing past my head, but I could not say whether it came from the right or the left. Being some distance in advance of the soldiers we ran back to them and took shelter among the trees and stones in the narrow path. Our Officer Commanding (Capt. Robertson) was, at this time, some distance behind, so we directed our own companies. As we heard a heavy volley being fired we pushed on and soon came upon the dead bodies of the ammunition guard, all had been killed or wounded except one man and some of the animals and ammunition had been cut off and taken away. We advanced and engaged the enemy at close quarters when firing commenced all along the pass. The enemy's fire came from our right and none from the left where the krantz was so steep, but we could not see those who fired at us, as there was so much smoke. At this time 308 THE RESULT OF THE ACTION CHAP, a man of the grenadiers was shot. I lifted him on to my ' horse with the intention of carrying him out as I saw he was dead. But he fell off on the other side and, as it was impera tive that I should command the men about me and endeavour to clear a way through the bush, I had to leave both man and horse. At one place I was kept at a very large rock where Kaffirs were in position. I myself shot two of them. We got out of that part of the pass however by keeping up a steady fire towards the right, wherever a Kaffir showed himself. After considerable difficulty we came to a path which turned off to the right and led down to the river. On the other side, there was a very steep hill which, I soon perceived, was covered with Kaffirs. It could not have been far from the place where I had seen Sandilli perched before the action began. We officers discussed the question of following this path as it was obviously a very dangerous one. From my study of my military maps which I had made during the breakfast hour, I felt justified in advising that we did not follow that path but should break through a belt of bush and make straight to the open Hoek. I expected to have found it about a quarter of a mile through, but it was only about three hundred yards. We pushed through this belt and formed up on the open plain. We were soon joined by the cavalry and Kaffir police. Major Bissett was brought out badly wounded. This must have happened on the path which we had rejected, as he had not been seen by any of the infantry. We marched a further three miles on to Niven's mission station.1 There we halted and were to remain for the night. We could now attend to our wounded and prepare new stretchers as the proper ones had been lost during the action in the pass. We had to make them from any bush wood we could find, but as the bush did not furnish poles long enough, our extemporary stretchers were very unsatisfactory and in the subsequent march gave very great discomfort to the wounded as well as exhausted the bearers. We rested well during the night as no further attack was made on us. The result of the day's action to us was, Surgeon Stewart, C.M.R., killed, Major Bissett, C.M.R., and Lieut. Catty of the 6th, wounded, twelve men killed and 1 This was near the present village of Keiskamma Hoek. THE FORCE REACHES FORT WHITE 309 twelve wounded and all the spare ammunition and officers' CHAP. horses, except Lieut Catty's, taken or killed. VIL " Reflecting on what had happened during the day, the behaviour of the Cape Corps and Kaffir police struck me as somewhat peculiar and suspicious. It was afterwards discovered that there had been some consultation between the hostile Kaffirs and our Kaffir police as to whether the latter should not join in the attack of the enemy upon us. They decided not to do so, as their wives and families were at Fort Cox. The time for desertion was not yet, though it was not far off. The next day, Christmas Day, we left our camp at four in the morning and, encumbered with our wounded, commenced our march to Fort White, via the Quilly Quilly and Bailie's grave. On all the hills adjacent to our route there were many hundreds of Kaffirs who poured volleys into us as opportunity offered. This commenced at five in the morning and lasted until about three in the after noon. Sandilli accompanied by a great crowd of his followers, was mounted on the horse which I had left on the Boomah Pass and was wearing my military blue cloak with the red lining. During this march I noticed many packages of ammunition either strewed in the way or placed on conspicu ous stones. This must have been done either intentionally or unintentionally by the C.M.R. and Kaffir police, who were in front. I ordered my men to secure all they saw, as we could ill afford to lose more than the 3,500 rounds which fell into the hands of the enemy on the previous day. Without further casualties we reached the Debe flats where we took a secure position and having rested a while we pushed on to Debe Nek. On arriving there we were horrified at finding the dead and mutilated bodies of fifteen men of the 45th regiment. It appeared that three men had been sent out on duty from Fort White and had been murdered. The report of this reaching the fort, twelve others with a waggon were sent to recover the bodies. These also must have been over powered by the hostile Kaffirs who were hovering in the mountain bush, for their bodies were stripped of all clothing and mutilated in a horrible manner. " We reached Fort White at four in the afternoon. We then learned that that place had been attacked earlier in 310 FORT COX BLOCKADED CHAP, the day. A party of forty or fifty Kaffirs attempted to seize ' the cattle belonging to the fort which were grazing at some little distance. But by the prompt action of those who were in charge of them, they were saved and driven to the fort kraal ; the Kaffirs however, managed to secure thirty-five sheep, a horse and some goats. Then having been reinforced by a large number of others, a determined attack was made on the kraal. Some attempted to scale the walls. After the murders of the soldiers in the morning, there remained only seventeen of the 45th and five civilians to defend the place. These however, kept two hundred of the enemy at bay. As each Kaffir head showed itself above the wall a bullet was put through it. After a time the enemy moved off carrying away their dead and wounded and squatted down at a place about two miles distant. There they remained until Col. Mackinnon's force appeared in the afternoon, when they disappeared. " We were at Fort White two days. During that time we had very little rest, for besides putting the place in such defensible order as the materials at hand permitted, we were continually at arms. On the third night we were moved suddenly to Fort Cox, where the Kaffirs were keeping Sir Harry Smith a prisoner. The Kaffir police had now deserted from that place and taken away all the cattle as well as their arms and burnt their station. The Governor with the C.M.R. made his escape and reached King William's Town on Decem ber 31st. Fort Cox was blockaded. The supply of water was a difficult question as every day it had to be fetched from the Keiskamma river which flowed at the bottom of the hill on which the fort stood. Nearly the whole garrison had to be on duty every night as the buildings were covered with thatch and attempts were made to set them on fire. Moreover, there was the danger from the possible treachery of the natives within. We were completely hemmed in and not until January 31st, 1851, when we were in a very weak state, were we released." There could now be no doubt that the signs of the times had been correctiy read by those who had felt and, in spite of the .Governor's assurances to the contrary, had expressed their opinions that war was imminent. From its suddenness DANGER OF THE MILITARY VILLAGES 311 and the simultaneous outrages at different parts it was clear, c **AP- as had been suspected, that war had been in the minds of the Gaikas for some time. It was clear that the reprobation of Sandilli by the other chiefs, the seeming friendliness of the natives, the loyalty of the Kaffir police and other signs of peace and good order were so much camouflage of their real intentions and a plan for maintaining a freedom from alarm among the colonists until their preparations were made and they were prepared to strike. None at this date realised how general the outbreak was or had any idea that it was to last as long as it did. The Boomah Pass disaster and the massacre of the men of the 45th in the Debe flats were not the only incidents which heralded the war at this fateful Christmastide of 1850. The Gaikas being, at this stage, masters of the situa tion, it could not but go hardly with the small, isolated and indefensible military villages of Juanasberg, Woburn and Auckland in the Chumie valley — in the heart of the Gaika country, and on lands which had been wrested from them and near which very many of them were still living. In conse quence of dissatisfaction with the conditions of settlement, the numbers of the original settlers had greatly diminished, so that on this Christmas Day there were only sixteen men at Woburn, twenty-two men and thirty women and children at Auckland and eight men at Juanasberg. These people were living, so to speak, in the placid crater of a volcano, but were not altogether unconscious of the rumblings beneath. They also, for months, had shared the misgivings of the colonists with regard to the attitude of the Kaffirs, though those who lived in the vicinity were friendly and worked for the military settlers in different capacities. About a month before the outbreak, in consequence of their dis quietude, twenty rounds of ammunition were served out to each. But long before this, the people of Auckland, in view of the numbers of natives who lived at no great distances, built, as a precautionary measure, a large stone house with loop-holed walls — a stronghold to which they might take refuge in the event of danger. At about nine o'clock on this peaceful Christmas morning, when the attentions of all were being turned to the festivities 312 WOBURN WIPED OUT CHAP, of the day and when even the Kaffir servants seemed imbued VII with no other sentiments than those of peace on earth and Good Will towards all men, Mr. T. Shaw was sitting in his garden quietly smoking. A gun shot was heard and Mr. Shaw fell lifeless to the ground. As if this were a signal for action, great numbers of Kaffirs were seen suddenly to surround the village. Shouts of " the Kaffirs," " the Kaffirs," awakened all instantly to the terrible danger of their situation. The attack was first turned to the hastily-vacated dwellings which were plundered and then set on fire. In the mean while, the fifteen men (Mr. Shaw being dead) with their guns and scanty supply of ammunition fled to a large stone unfinished house, which seems to have been meant for a church ; it was still roofless. Mr. J. M. Stevenson, the superintendent of the Juanasberg village, who had gone to Woburn to spend Christmas with Lieut. Stacey, the superin tendent of Woburn, fled on horseback towards his own place as hard as his horse could carry him. Large stones were first thrown by the Kaffirs into the roofless house and then the guns came into action on both sides. Lieut. Stacey was shot through the shoulder at the start. The unequal contest was kept up until about noon, when having fought against hopeless odds every one of the fifteen settlers was dead. Woburn then ceased to be. Having laid waste this place, the murderous band seems to have divided into two parties, one making for Juanasberg, while the other went to Auck land, about ten miles further on at the foot of the Hog's Back mountain. Auckland remained in happy ignorance of all that had happened in the Boomah Pass and at Woburn until about two o'clock in the afternoon. True, three Cape Corps men had been sent from Fort Hare before daybreak with news of the outbreak of war and a warning to the military settlers to concentrate for safety or to fall back on Alice, but these messengers, through no fault of their own, arrived too late. Living at no great distance from Auckland was the Gaika sub-chief Xaimpi with his clan. All these people were on friendly terms with the Auckland settlers, it was therefore no matter of surprise that many of them should have congregated in the village on this day and still less THE FATE OF AUCKLAND 313 surprising that the settlers should have offered them such CHAP. good cheer as they were able. Mr. Munro, the superintendent VIL of the place, with his son and a Mr. Gibson took some coffee and bread to Xaimpi, who with a few men was squatting on the ground. The gift having been received, Xaimpi jumped up, gave a shrill whistle and instantly a shocking tale of bloodshed began. The three who had taken the refreshment to Xaimpi were immediately killed, pierced by assegais. The alarm spread, when thirty panic-stricken women and children rushed to the stone house for refuge. These were followed by the remaining nineteen men who, with their guns and small supply of ammunition were determined to defend the place to the last. Xaimpi's men were soon reinforced by the murderers from Woburn, so that the case from the first was hopeless. From the loop holes of the house, bullets flew among the bloodthirsty assailants and undoubtedly laid many low, but those inside were also falling. After a time, the enemy offered to allow the women and children to come out and, unmolested, to leave the place. It is noticeable that in all these wars, the Kaffirs always respected the lives of women and children. The offer was at first refused, but as some had already hus bands, brothers or sons lying dead in the house and as they themselves could be of little use, they availed themselves of the offer. They made their way to the Chumie mission station, some seven miles distant. All through that day and night, the men fought on as their numbers were diminishing by the bullets from outside. Not until the next day was well advanced and the ammunition was expended did the last man lay down his life. In all twenty-two were killed. As at Woburn the houses were pillaged and burnt, and Auck land ceased to be. At Juanasberg, the smallest of the military villages, the settlers had some timely warning of their danger as they saw the smoke rising from the burning Woburn. Moreover, it was at this place that the three Cape Corps men first called with the warning of danger. A young boy, H. McCabe, on receipt of this, undertook to ride over to Woburn. Before he had gone very far he saw a large party of armed Kaffirs approaching who, he thought, were chasing him. He there- 314 ALARM AT CHUMIE CHAP, fore turned off in another direction and, dismounting his VI1' horse which had become restive, continued on foot. He ran to a river and among the reeds sat in water up to his shoulders for two hours. By a circuitous route over the mountains he reached Alice. Three men were killed at Juanasberg and five including McCabe escaped. The rendez vous or haven of refuge to which all fled who could escape from any of these or other places was the Chumie (or Gwali) mission station. This mission station was situated in very beautiful and fertile country at the base of a high and densely- wooded mountain — the Chumie mountain. The resident missionary was the Rev. J. Cumming. With him at this time were the Revs. Brown and Renton — the latter a special commissioner of the United Presbyterian Church. Mr. Cumming tells us that early on this Christmas morn he was awakened by someone tapping at his bedroom window and announcing the arrival of three Cape Corps men who brought news of an outbreak of war. The alarm spread among the native Christian converts in their huts and their teachers. It does not appear however, that this warning led to the adoption of any defensive measures ; probably be cause, according to the dying wish of the late Gaika, the Chumie was declared a place of sanctuary and was to remain unmolested by the Gaikas under all circumstances. This alarm was scarcely a surprise to Mr. Cumming. In expectation of it he had made arrangements for the removal of his people to a place in the colony. He had approached Sir Harry Smith on the subject but had been assured of the groundlessness of the apprehensions and promised due warning in the event of danger. That warning came too late, all were entrapped. Later in the morning a white man was seen to be galloping up to the station at the utmost speed. He arrived in a state of the greatest terror, shouting : " Oh, Mr. Cumming, save me, save me, the Kaffirs are after me." This man turned out to be Stevenson, who had fled from Woburn. He was making for his village of Juanasberg when a friendly Kaffir, Festiri (the brother of the famous Tiyo Soga),1 whom he met, warned him of the great danger of going in that direction. Almost immediately, a 1 Vide the Life of Tiyo Soga, by the Rev. J. A. Chalmers. REFUGEES AT CHUMIE 315 warlike party came in view and gave chase. Stevenson C**£P" instantly turned his horse in the direction of the mission station and fled for his life which the missionary saved. The hostile Kaffirs rushed up to the hedges which surrounded the missionary's garden, and meeting Dukwana, one of the native converts of the station, demanded first the person of Stevenson and being refused, demanded his horse. " No," said Dukwana. " This station was pronounced by Gaika as a sanctuary, a city of refuge, the white man you have pursued is now within the ramparts and no person dare give him up or molest him ; according to the laws of our chief you are now doing a thing which will bring you into trouble." The answer was : " Then know that you have this day joined league with our enemies and you will suffer for it." Some time afterwards, another white man was seen to be approaching the station. With the exception of his socks he was quite naked. Finding that he had been seen by those at the mission station, he hid in some convenient place until Mr. Cumming sent out some clothes to him and offered him the safe refuge of his house. He was a Mr. Snodgrass. He with his son had left Auckland early that morning before there was any suspicion of the impending doom. His object was to go to spend Christmas Day with his wife who was in Alice. He was soon overtaken by a party of warlike Kaffirs, who stripped him of his horse and clothes and would undoubtedly have killed him but for the stratagem of Mr. Snodgrass reserving some sovereigns in his mouth and throwing them at a distance on to the veld. This gave him an opportunity of running for his life while the Kaffirs hunted for the money. His son disappeared. His body was afterwards found in the bush. According to one accused, there were no signs of wounds upon it, hence the boy must have died of fright. According to another, the body was mutilated and a foot was picked up by a patrol, which afterwards visited the place. These two refugees, however, were but a very small proportion of the numbers who were yet to find safety, assistance and every kindness from Mr. Cumming. The thirty women and children who had left Auckland under such terrible circumstances arrived later in the day. Everything possible was done for them 316 REFUGEES FROM UNIONDALE CHAP, until the next day when under no other protection than an ' escort of some Christian Kaffir women, they made their way in safety to Alice. A further addition to the Chumie mission station on this day was a party which arrived in a terrible plight from the Uniondale mission station at Keiskamma Hoek. It con sisted of the missionary himself, the Rev. J. Niven, his wife, his four young sons, a Miss Ogilvie (Mrs N.'s niece), Mr. Ball, an English carpenter, and Tause, a native female Christian, a sister of Tiyo Soga. The Uniondale mission station had been commenced in the previous year by Mr. Niven in what might then be regarded as the heart of the Gaika country, and therefore, at this time, it was in a situa tion of the greatest danger. It was at this place where Col. Mackinnon and his troops halted after their disaster in the Boomah Pass and where the extempore stretchers were made — a work in which the mission people had assisted. It was said that it was this action on the part of the missionary which drew down upon him the wrath of Anta and the consequent destruction of the station. At seven o'clock on Christmas morn, the above party with five horses and two native attendants to carry provisions and clothes left Uniondale for the Chumie, a distance of 22 miles. Their route was via the Wolf and Amatola rivers and then down into the Chumie basin where Auckland, or what remained of it, was passed in the distance. For the first few miles, the party travelled in peace and without concern. The Kaffir kraals which they passed gave no indica tion that there was war in the land, the cattle were seen to be quietly grazing in their vicinity and all else appeared as usual in such communities. It was noticed, however, that women were the only occupants of these places. On Mr. Niven remarking on these peaceful appearances to Nkenye, one of the native attendants, the latter replied that he had heard the " hlaba umkosi " or war cry passed from kraal to kraal and that he had seen men assembling. The journey having been continued down the long and difficult descent to the Amatola river and as it was full noon, a shady thicket was chosen under which the travellers off-saddled and com menced preparations for a midday meal. They had not been THE FAITHFUL CHRISTIAN GIRL 317 there long, when Mr. Niven, walking at a short distance to CHAP; see that the horses were not straying too far away, saw with apprehension a party of about a dozen armed Kaffirs approaching the resting place. Their demeanour left no doubt as to their hostile intentions. Nkenye endeavoured to explain to them that Mr. Niven was a teacher (umfundisi) and the good missionary attempted to draw the attention of the chief interrogator to himself, but they were not satisfied. Mr. Niven was rudely repulsed and Nkenye was asked why he was helping the enemy. " This is a white man," he said, " and you are our enemy in helping him against our nation." An assegai being held in a threatening manner, Nkenye as well as Yedwa the other attendant fled. Some of the unwelcome intruders then seized the horses while others helped themselves to the saddles and other property which had been placed on the ground in the shade. The children screamed with fright and plunged into the thicket. Mr. Niven begged the robbers to allow him to keep one horse for Mrs. Niven, who was in a delicate state of health and apparently quite unable to complete the long journey on foot, but it was refused. All appeals to their reason, con science and humanity failed. Two of them however, were persuaded, for a reward, to escort the party on their further journey. With these guides they started off laboriously on foot. But their supposed protectors pulled off Mr. Niven's neck-cloth, rifled his pockets, though apparently not finding the money upon him, and endeavoured, unsuccessfully, to rob him of his coat. At this juncture there arrived Xaimpi, who must then have been on his errand of murder to Auck land with several armed men. To the appeals for help which were made to them, they listened without emotion and refused to give protection or assistance in getting the sufferers out of that sequestered Amatola glen, now a den of thieves. The salvation of the party on this as well as on other occasions in this terrible journey was the faithfulness and influence of the Christian girl Tause, the daughter of Soga, one of the late Gaika's chief councillors. She was well known in Gaikaland. Left now to themselves they moved on slowly for some distance, Mrs. Niven being supported on one side by her husband and on the other by Tause. More 318 A DESPERATE PLIGHT CHAP, natives came in view. There were two unarmed men driving VTT . . ' four cows and some women carrying long sticks, a sure sign of a state of war. As one of the men was known to Mr. Niven while both were known to Tause, the refugees met with some small show of kindness and sympathy. They accompanied the party for some distance as escort, while two of the women assisted the children up the long hill which now confronted them. Two of those who had been concerned in the first attack, probably feeling that they had not possessed them selves of all that was to be obtained, had followed the party on the horses they had stolen and now overtook them. Mr. Niven, on seeing their approach, gave the £ 50 he had with him into the keeping of his wife as she was less likely to be interfered with, but he kept some loose silver in his own pocket. One of the assailants roughly handled Mr. Niven. He took from him his coat and the silver money from his pockets. The other turned his attention to Mr. Ball, who was relieved of his hat and coat. The escort gave no assist ance but joined the thieves on their departure. Matters might have been worse had not Tause, seconded by the women, upbraided the men for thus treating a missionary. With no more hurt than this small loss, the painfully exhaust ing journey was continued until the smoke of the burning Woburn and Juanasberg came in sight. But their hearts sank within them when it became clear that it would be impossible to avoid encountering many armed natives who were seen in the distance and in the route they would have to take. For a time in their exhausted state, they sat down under a bush which afforded some shelter from the burning sun. While there, Mrs. Niven was heard to say in a faint voice : " There they are," and immediately in front of them, there appeared a number of Kaffirs with assegais. Again there was the disposition to kill Mr. Ball. " You are a teacher," Mr. Niven was told, " but this white man is not, he must die like the white men who are killing us." During this pleading for their lives, Mrs. Niven fell backward unconscious. With heartrending appeals, Mr. Niven be sought the Kaffir women to procure water. Not a very hope ful request as there was none to be seen in the immediate vicinity and moreover the women feared the anger of SAFETY AT LAST 319 the men if they saw them thus helping a white woman. CHAP. After a time, however, some was obtained. The miserable plight of the party seems to have gained for them some sympathy from the natives, for two old men offered to act as escort to the Chumie, which they did. When Mrs. Niven was sufficiently recovered, all toiled on again slowly until towards evening when the Chumie mission station came in view. The approach of the famished, exhausted and half-clad party was seen. Messrs. Cumming and Renton with many friends went forth to meet them. They were then assisted to the haven of refuge and treated with all the kindness they so badly needed. Thus ended this dreadful Christmas Day of 1850. And thus, with the disasters in the Boomah Pass and Debe Nek, the attack on Fort White, the annihilation of the military villages and the imprisonment of the Governor at Fort Cox, began, with no uncertainty, the war of 1850. CHAPTER VIII THE HOTTENTOT REBELLION chap. The Governor, Sir Harry Smith, after his somewhat ' bombastic treatment of the Gaikas, found, to his mortifica tion, that they held him a prisoner in Fort Cox. It must have been an elation to them to realise that they had the great " Inkosi Inkulu " almost in their hands. Escape with his life seemed for a time to be impossible. This fort was situated on an eminence which was encircled on three sides by a horse-shoe bend of the Keiskamma river. Above it there towered very high and steep hills, which perhaps might be called mountains. These were covered with a dense bush which gave cover, at this time, to the thousands of natives who infested it and invested the fort. The greatest danger was incurred in venturing outside the gates. There was still within it a very considerable force in spite of the desertions of the Kaffir police, but it was not provisioned sufficiently for a siege of any great length of time. In this predicament, Sir Harry had to govern, so to speak, with his hands tied. With difficulty, on Christmas Day, the first day of his imprisonment, a friendly native was persuaded to run the risk of carrying despatches to Col. Somerset at Fort Hare. Hence the Governor was able to take his first steps in the prosecution of the war. These consisted in the declara tion of martial law in the districts of Albany, Uitenhage, Somerset, Fort Beaufort, Cradock, Graaff-Reinet, Victoria and Albert and the calling upon all the male inhabitants between the ages of 18 and 50, in those districts, to enrol themselves for the defence of the country ; in ordering up from Cape Town all the available regular troops, amounting only to about three or four hundred ; in authorising the organisation of Hottentot levies who were to take service for 320 ATTEMPT TO REACH PORT COX 321 six months, to receive a bounty of £2, to be clothed, armed CHAP. and accoutred, to receive sixpence per day and the usual l ' rations, to receive a liberal share of the cattle captured and their families to be rationed in their absence ; and finally, in sending a message to the Lieut.-Governor of Natal asking him to send forward three or four thousand Zulus to attack the Gaikas in the rear. During his enforced inactivity, Sir Harry delegated to Col. Somerset authority to act in all these matters as Com mander-in-Chief. But Col. Somerset, as he soon discovered, was scarcely in a better situation than the Governor. On the night of the 28th he endeavoured to get some despatches through to Fort Cox by means of a small party of the C.M.R. At a distance of a few miles from Fort Hare, the messengers became aware of a great number of the enemy ahead of them. They therefore hastily returned to the fort. The next day, 150 of the 91st regiment and 70 of the C.M.R., with a three-pounder gun — a force which Col. Somerset, in his ignorance of the true state of affairs, considered more than sufficient to overawe any opposition — went forth with the despatches. Their route lay round the base of Sandilli's Kop in the direction of Middle Drift. When they had marched about six miles, they beheld vast numbers of Kaffirs assembled on the ridges in the vicinity of the Yellow Woods river. The military party came to a halt and opened the guns upon them. But though it did good execution, the enemy was in such overwhelming numbers that the troops found it expedient to commence a retreat. Encouraged by this the Kaffirs followed. Their already large numbers were reinforced by others who seemed to pour out from every wooded glen and valley. After about three miles of this retreat the gun became disabled and the time spent in trying to put it in order enabled the enemy to approach within a dangerous distance. The gun had to be abandoned. Now took place a fierce hand-to-hand battle, lasting four hours, during which the retreat was continued. With 22 killed and 20 wounded the force came in sight of Fort Hare, when a hundred men went forth to their assistance. So after all this trouble and loss of life, the despatches were taken back to Fort Hare. But that night, one friendly Kaffir accom- vol. v 21 Y 322 RAPID SPREAD OF HOSTILITIES CHAP, plished the feat. Over 1 8^ miles in the darkness and through difficult country, he made his way as only a Kaffir could and delivered the documents at Fort Cox. While this great horde of Kaffirs was then, undoubtedly, on its way to attack Fort Hare and the town of Alice — as they eventually did — and while others were investing Fort Cox, five hundred of Seyolo's tribe turned their attention to the Line Drift military post on the Keiskamma river. This isolated post was situated in the wild, and in times of Kaffir hostility, dangerous country of the Keiskamma bush. The loop-holed stone walls, which were the outside walls of the rooms, stores and stables within, formed a hollow square. The place was held by a small party of the C.M.R. under Sergeant Kelly. About eight o'clock in the morning of the 28th, a large body of Kaffirs was seen to be approaching the place. They left no doubt as to their hostile intentions by commencing forthwith to plunder the place. Sergeant Kelly, having mustered his men (coloured men) in the barrack square, ordered them to fire upon the enemy, but they refused to do that or to march to Fort Peddie. It soon became clear that if they were not actually in league with the Kaffirs, there was a friendliness between them which boded no good. Every room was entered and everything movable was plundered. Sergeant Kelly and the issuer of the stores (a white man) then saw no course open to them but to flee for their lives. On reaching the top of the hill over which runs the road to Peddie and taking a last look at the fort, they saw it in flames. They reached Peddie in safety and reported. The sequence of events during the first ten days of the outbreak was rapid. Hostilities broke out simultaneously in parts widely removed from one another and by others than the Gaikas. It became known that the Kaffir freebooter chief, Hermanus, who had his location only a few miles from Fort Beaufort, had decided to act in conjunction with Sandilli. On the 26th, some of his people attacked a waggon which was being driven from Fort Beaufort to the Winterberg. Two of those who had been in charge of it left it and pursued their way towards Post Retief. On passing near Hermanus' place they were killed and, according to the missionary, ALARM ON THE FRONTIER 323 J. Read, their heads were cut off and sent to Umlanjeni as CHAP. token of Hermanus' fidelity to the cause. The next day VIH' another farmer, T. Eastland, was killed and his house de stroyed by fire. At this same time, thirty-five of the Kaffir police who were stationed at Whittlesea, some few miles further to the north, deserted to Sandilli. Besides this alarming intelligence concerning Hermanus, of which more anon, Mr. Wienand, the magistrate of the Kat River Settle ment, reported, on December 31st, that the people of the Mancazana and Upper Blinkwater had joined him (Her manus) and that loyal people in other parts of the settlement, having no guns or ammunition, were in great danger and leaving their homes and crops to take protection in Fort Armstrong. He appealed for assistance. What was the effect of all this upon the Frontier districts ? As has been indicated, the inhabitants had, for some months previously, been expecting war and their apprehensions had not been lulled by the assurances of the Governor and other military authorities to the contrary. Hence on the first report of actual hostilities all was panic and rush from the dangerous Kaffirland proximity. Stock was hastily driven to the west ward and, with all that could be loaded on to waggons, farmers and their families fled from their isolated homes either to defensive laagers or into the towns. The civil commissioner of Uitenhage said that every day cattle and sheep in great droves passed through his town to the west and that the roads, on this account, were almost impassable. Homeless fugitives in hundreds congregated at Grahamstown with everything which, in their hurry, they had been able to save, their famished cattle finding but little pasture on the dry hills which surrounded the place. To make matters worse, it was a time of drought and locusts were ravaging the land. On the part of the regular inhabitants of Grahams town all was bustle and preparations for defence. The Drostdy barracks, churches and chapels were appropriated as places of refuge. All men were formed into sentry piquets and maintained nightly guard in the different wards, while two hundred Fingoes, who were living on municipal lands and who volunteered for active service against the inveterate enemy, the Kaffir, were armed and given outpost duty. 324 THE ESCAPE FROM FORT COX CHAP. On December 3 ist, Sir Harry Smith and Col. Mackinnon VIII ' succeeded in escaping from Fort Cox. It was the Governor's intention to go to Fort Hare, but the danger of the intervening country preventing him, he made for King William's Town. Wearing the uniform and forage cap of one of the privates of the C.M.R. and accompanied by 250 of that body he made a bold dash over the Debe flats, where some opposition — less formidable than it at first seemed — was overcome without loss of any of his men, and arrived in safety. He was however not much better off in King William's Town than he had been in Fort Cox, for he was still cut off from all communications with the colony other than what could be effected by means of an occasional friendly Kaffir or the people of the loyal chief Pato. Col. Somerset had therefore to continue to act for him in a military capacity. On January 2nd, the Governor promoted him to the rank of Major-General, pending of course, the approval of the Duke of Wellington. Mr. Montagu, the colonial secretary in Cape Town, carried on the correspondence with Downing Street during the Gover nor's isolated detention. In pursuance of his instructions and the authority conferred upon him, Col. Somerset, on December 31st, sent circular letters to all the civil commis sioners asking them to urge the burghers of their respective districts to enrol themselves for active service. They were to come armed, mounted and equipped for burgher duty, provisions and, as far as possible, forage would be provided for them at certain specified places. Nothing was said about pay. But on January 5th, the Governor issued a proclamation promising that in the prosecution of the war, all cattle taken by those who were not in Government pay, should be the property of the captors. This appeal, for a time at least, met with little response and charges of apathy and want of public spirit were brought against the burghers. But it had to be borne in mind that so many had been driven from their homes and had to defend their families then in laagers, while others, in consequence of the desertion of their Kaffir servants, had themselves to drive their cattle and sheep into safety in distant parts, to remain with them and protect them. Mr. Gilfillan, the civil commissioner of Cradock, said he could not possibly comply with the request. RECRUITS FOR THE FRONTIER 325 His district had eighty miles of frontier and there were none CHAP. VTTT to defend it but its own inhabitants. He had already had an appeal for assistance from the missionary station of Shiloh, which was in danger, and he had heard unpleasant rumours of disaffection and disloyalty on the part of the coloured people of the Kat River Settiement. He therefore could not send any burghers from his district. Mr. Montagu, in a despatch to B. Hawes, Esq., Under- Secretary of State, commented upon " the determined and dogged inactivity of the farmers, principally the Dutch, who notwithstanding the Proclamation of martial law in the Eastern Districts, cannot be induced to move to the frontier. When I heard from General Somerset, on 24th January, not one had joined him." The recruiting in the Western Province was most satisfactory. Mr. Montagu, in accordance with the Governor's instructions of December 26th, issued circulars to the civil commissioners and sent agents into the different districts for the purpose of collecting Hottentot levies. The call was responded to promptly and by large numbers, moreover, none were open to suspicion of disloyalty which was becoming more and more apparent in the case of the Eastern Province coloured people. The Moravian mission aries of Genadendal had been most active in swelling the ranks of recruits. As drafts arrived in Cape Town, they were sent by sea to East London in the steamers Dee, Phoenix and Hermes. By January 31st, 185 1, Mr. Montagu was able to report that he had, by that communication, sent off a total of 2,650 volunteers, 600 were on their way overland from George and there was a promise of 400 more. The total force available for all offensive and defensive purposes, patrols, holding forts, etc., was (at the beginning of the war) 547 officers and non-commissioned officers and 7,627 rank and file.1 In the Kaffir war thus commenced, a very serious develop ment of a new and entirely unexpected character soon pre sented itself. In former wars the Hottentots had not only remained faithful to the Government, but, either as regular 1 Made up as follows : — Royal Artillery 89, Sappers and Miners 192, 6th Regiment 560, 45th Regiment 452, 73rd Regiment, 530, 91st Regiment 521, C.M.R. 901, Seamen and Mariners 115, Native levies 4,410, Fingoes 408. 326 DEFECTION OF THE HOTTENTOTS CHAP, corps or volunteer levies, had most efficiently taken the field ' against the Kaffirs and thereby earned their deadly hatred. Now we are to find the Hottentot combining with his former enemy and turning his arms against the Colony. And an extraordinary feature of this revolt was that many, perhaps the greater number of those who took part in it, were the educated or semi-educated members of certain missionary institutions — even deacons and lay-preachers — people for whose welfare and benefit so much had been done and from whom continued loyalty to the Government might, at least, have been expected. Before bringing charges of base ingratitude against these people, however, it will be well to consider some matters which may, in a measure, account for their action. The defection of the Hottentots commenced in the Kat River Settlement. This settlement consisted of a number of small Hottentot villages placed at distances of about six or seven miles from each other and situated in one of the most beautiful and picturesque parts of the Eastern Province of Cape Colony. From this well-favoured territory Maqomo and his tribe had had to be expelled in 1 829. The lands thus vacated were given to a large number of the more respectable Hottentots in order that it might be seen whether under favourable circumstances they could become an industrious and thriving people. During the first few years of the existence of the Kat River Settlement, as it was called, the expectations and hopes of its philan thropic promoters were more than fulfilled. Lands were soon under cultivation, twenty-four miles of furrows to lead out water from the Kat River were made, small but decent houses of unburnt brick, each with its garden, were built, churches and mission schools were soon in operation and, in short, all which the circumstances permitted was done. The Settlement commanded the admiration of all who visited it. Governor Sir Lowry Cole, Chief Justice Wylde, Judge Menzies, Dr. Rose Innes, the Superintendent-General of Education, and others spoke in the most eulogistic terms on what they had seen. Sir George Napier when he visited it with Capt. Stockenstrom, its founder, in 1838, said : " Well, Captain Stockenstrom, if I were the creator of this settlement, I should fancy that I had done enough for one Topographical Sketch KAT RIVER" SETTLEMENT AND ADJACENT COUNTRY Gaika s Head O I 2 3 4-5 Scale of Miles From the map compiled from the best authorities by M. Woodifield, C.E., Sworn Government Surveyor, May, 1852. DISCONTENT OF HOTTENTOTS 327 man's life." When the war of 1835 broke out, the men from CHAP. VTTT the settlement gave their services, fought bravely and earned the encomiums of Sir Benjamin D'Urban and Col. Smith. They returned to the Kat River lands only to find their houses destroyed and their plantations ruined. Undeterred by this, they went to work and repaired the damage. During the war of 1846, they were again called into the field and again they responded. One of them, Andries Botha — a name of which much was yet to be heard in connection with a trial for high treason — took command of 250 of the people. They did excellent service in the Amatola mountains. It was this party which rescued the ammunition waggons when the Kaffirs attacked the troops at Burn's Hill in April, 1846. At the end of this war, they seem to have felt aggrieved and become discontented at the treatment they had received from Sir Henry Pottinger. Having served many months for no other pay than rations for themselves and their families, they considered they had been treated unfairly in the distribu tion of the captured cattle and in being kept in the field away from their homes, long after the burghers had been disbanded. Not only did they receive no thanks for their services, but even the blankets which had been issued to them were taken from them, threadbare though they were, and returned to the Government stores. Thus again, poverty-stricken, they returned to their ruined homesteads. Their combined loss was estimated at £3,000 — a very serious matter for people in their condition of life. While this settlement was in its war-disorganised state, Sir Henry Pottinger was conducting his campaign against the financial and other irregularities connected with the war. Up to this time, there had been no magistrate in the Kat River Settlement. Its management had been in the hands of the missionaries, the Revs. James Read, senior and junior, of the London Missionary Society and the Rev. W. R. Thompson of the Glasgow Society. Now, Mr. T. J. Biddulph, who was not very sympathetic towards the people, was sent as their magistrate and with instructions in the first place to report generally on what he found there. His report was unfavour able in the extreme. He described the place, in short, as nothing but the most transparent bit of humbug which had 328 CAUSES OF REBELLIOUS SPIRIT CHAP, ever been practised upon the public, " a large assemblage ' of able-bodied paupers living partly on the credulity of the public " ..." it was the abode of idleness and imposture." According to the report, there were upwards of 5,000 souls in the settlement, Bastards and Hottentots. The former, having been brought up with the Dutch farmers, had ac quired habits of industry and thrift and were now the satis factory people of the settlement, while the Hottentots were incorrigibly lazy, worthless and made little use of their allotments, of which altogether there were 640. In drafting his condemnatory report, there was a very serious and important matter which Mr. Biddulph seems entirely to have overlooked, the one which may be regarded as the chief cause of the failure of the settlement. This was its contiguity to Kaffirland along the most dangerous and vulnerable part of the frontier, passage into it and through it to the colony being perfectly easy. The accumulation of stock and produce by the more industrious as well as the fine grazing lands tempted Kaffirs and vagabond Hottentots, for whom the place was not intended, to invade it. And as there was no authority to prevent it, these undesirables took up their abode — not necessarily in sequestered nooks — wherever the results of the industry of the others could best be obtained. Hence as evil communications corrupt good manners, the general character of the settlement, in spite of the missionaries, deteriorated and all connected with it came into disrepute. Could the people for whom the place was intended have been protected and preserved from con tamination with these worthless characters, the Kat River Settlement might have been all that had been hoped for it. But, as will be seen it was soon broken up and abandoned and to-day it is in the hands of the white man and forms one of the most beautiful and prolific orange districts of South Africa. A predisposing cause of the rebellion of the heretofore loyal people of the Kat River Settlement was attributed, though with what justice is not altogether clear, to the political preaching and teaching of the London Missionary Society's missionaries, the Revs. Read, senior and junior. On this account there was among the Eastern Province ONLY WAITING FOR A LEADER 329 inhabitants, a widespread and hostile feeling against them CHAP. and for similar reasons, against some other Kaffirland missionaries. It was said that the Hottentots were being continually told that they were an oppressed race and that the colonists were their enemies. When the whole country was absorbed in the question of the granting of a Represen tative Government, in common with other coloured com munities, they had indistinct ideas that the Queen's protection was to be taken from them and that all they could expect from a colonial legislature would be Vagrant Acts and other repressive measures. But it is not clear that any actions of the missionaries precipitated the rebellion, and it is un thinkable that they should have deliberately done so. It is quite clear however, that as soon as they became aware of the state of affairs, they did all in their power — and took great risks — to stop it.1 In this unsatisfactory state of affairs and before the Kat River people had had time to recover from the losses incurred on account of the last war — barely three years previously — they were called upon to enrol themselves again for service in the field. Instead of their old alacrity, they now met the demand with excuses and pleas to be allowed to remain and protect their families and homes. But at this date there was no sign or suspicion of rebellion in the settlement. The disposition, however, was there. It but needed some leader to come forward and develop this disposition into action. In the intricate and densely-wooded kloofs of the mountains in the lower part of the settlement, the wily and daring scoundrel Hermanus 2 with his numerous thieving associates still had his haunt. Although the part had been given to him on condition that he did not harbour there any but his own relatives and a few immediate followers, he had by this 1 The Rev. J. Read, jun., in his defence said : " I am not aware that we have acted the politician more than other men and other missionaries. In the four principal discussions which have been brought on the tapis within the last sixteen years, viz.. The abrogation of the old frontier or patrol system ; (2) The introduction of the Glenelg policy ; (3) The dis cussions of Col. Wade's Vagrant Act ; (4) The convict question, and lastly the late question of the Constitution — we took a part. But show me the men — the ministers — who have not in some of these taken an active share. What we have done at Kat River is, I think, what any ministers might have done in similar circumstances." •¦ Vide Vol. II, page 453. 330 HERMANUS THROWS DOWN THE GAUNTLET CHAP, time allowed some hundreds of Kaffirs to congregate upon his location — an area of 15,000 acres. The farmers of the Winterberg and Upper Blinkwater districts had much reason to complain of the thefts of their stock and felt convinced that their losses were due to these intruders. Two years previously, namely in 1848, it had been necessary to send a commission to that secluded place in order to learn the state of affairs there. According to the report, there were 87 men, 122 women and 208 children. The locality was eminently suited to the pursuits of a gang of robbers. In the lofty and precipitous mountains, the deep and intricate kloofs and valleys, encumbered with indigenous trees and shrubs, offered the most secure concealment for stolen animals and at the same time presented the most dangerous places to those in pursuit of stolen property or robbers. At the end of 1850 the number of Hermanus' followers had largely increased — and pari passu the annoyance they created. In November 1850, while Sir Harry Smith was in Grahamstown, in answer to complaints which were brought before him, he sanctioned another commission to visit the place and report. It con sisted of Messrs. Godlonton, Bovey, Gilbert and Blakeway. Dangerous as it must have been to venture into those parts at a time when Sandilli had just been deposed and Hermanus was in communication with Umlanjeni, the commission nevertheless went. Most curiously, Hermanus made no objection. He was even submissive and put no difficulty in the way of the investigation when he might so easily have massacred all four. He probably felt that his time was not yet, though not very far off. According to the report of this commission there were now 1,400 people in the location, of whom 300 were men capable of bearing arms. With this support and his own natural enterprise and daring, Hermanus was prepared at the end of December, to throw down the gauntlet. This he did, as has been stated, by the murders of the men on the Winterberg road. In the more level country at the Lower Blinkwater, and at no great distance from Hermanus was the Hottentot mission station of Tidmanton, under the superintendence of the Rev. A. van Rooyen. Hermanus' first step was to compel the people of this station to join his force. As very few of THE TIME IS RIPE 331 them had arms and as an ineffectual appeal for assistance to SSA-?' escape had been made to Fort Beaufort and Fort Armstrong, they perforce had to throw in their lot with the rebel band. Mr. van Rooyen did all he could to dissuade his people from taking this course — and many were reluctant to join the rebel — but he was warned that it was no longer safe for him to stay. He therefore repaired to Fort Armstrong, where he met many others who were taking refuge in that place. Together with the Hottentots of the Mancazana valley and Upper Blinkwater, who were reported by Mr. Wienand, the Kat River magistrate, on December 31st, as having joined Hermanus and together also with many of the Kaffir servants who had absconded from the colony, the force which the rebel chief now had at his command was said to be about nine hundred. As soon as the news of the Boomah Pass affair and the massacres of the military villages reached him, Hermanus considered the time ripe for the commencement of his pre datory exploits in the Fort Beaufort district. The cattle of the town itself as well as those of the Fingoes who lived in a location at some little distance were the first objects of his attention. A sudden and unexpected attack was made on these and all were captured and driven to the Blinkwater in spite of the fact that both the townspeople and Fingoes fought bravely in the attempt to save their property. Her manus had a narrow escape. His horse was shot under him — a foretaste of what was in store for him the next time he visited the place. The isolated farms fared badly at the hands of these mis creants. Not only was all the stock driven off, but the home steads were pillaged. Everything which could be removed, even personal clothing, was either taken away or wantonly destroyed. And the Hottentot servants in the employ of the farmers not only refused to assist in protecting their masters' property, but openly joined the marauders in its robbery and destruction. Some of the farmers on hearing the first rumour of war, took the precaution of sending their families and loads of household property into Fort Beaufort, trusting that what could not be removed would remain safe in the protection of their servants. In this, they were griev- 332 PLAN TO ATTACK FORT BEAUFORT chap, ously disappointed. Some had the mortification of seeing their laden waggons driven by their own servants in the direction of Blinkwater, while most afterwards discovered that their houses had been burnt. Mrs. Booth, who lived about six miles from Fort Beaufort, now had her eyes opened to the questionable character of her servants. " Who would have thought," she said, " of our own people joining the Kaffirs — old Jan, the waggon driver, that we have known for so many years, and Piet, that we have brought up from a child ? When I left, he had a child of his own, and while I was at home, I attended his wife (a Blinkwater Hottentot) and child, as often as I could." It dawned upon Mrs. Booth that the continued loss of stock of which she had so long complained must have been due to the connivance of her Hottentot servants. Among others, the beautiful home stead of Mr. Gilbert, about five miles from Fort Beaufort, was in like manner devastated, the occupants having fled with but a small portion of their belongings. This place was enclosed by a high, stone, loop-holed wall and surmoun ted by a tower ; it might easily have been defended had the servants remained loyal. As it was, everything which could not be taken away was committed to the flames by the enemy.1 As an opinion prevailed that many of the rebel Hottentots had, in the first place, been coerced into their wicked ways by Hermanus and that having so far committed themselves they remained rebels for fear of the consequences, General Somerset, on January 3rd, issued a proclamation, offering a free pardon to all who should surrender themselves and return to their allegiance by the 14th. It had little effect, however ; for only eleven took advantage of the offer. This indicated that the rebels were not so reluctant to join the Kaffirs as was represented. Elated by their success and encouraged by the little resistance with which so far, they had been met, the more ambitious enterprise of attacking Fort Beaufort itself was determined upon. Fortunately, information of this intention had reached the supposed-doomed town a day or so prev iously. All therefore were on the qui vive and prepared to defend it. The total military force in the place was only 1 It is now the military-looking farm building called Septon Manor. HERMANUS KILLED 333 50 men of the 91st regiment, under Col. Sutton. But these CHAP. were to be held in reserve to protect the Government stores and the women and children, while the actual defence and fighting were to be left to the civilian inhabitants and the Fingoes of the adjacent location. This force was organised under officers of its own choosing and every precaution against surprise was taken. In this state of preparedness, at daybreak on the morning of January 7th, 185 1, the sentries along the river banks saw vast hordes approaching from the direction of Blinkwater. It should be mentioned that the town of Fort Beaufort is almost encircled by a horseshoe bend of the Kat river. This river, for the most part, runs between high and steep banks and therefore, is not easily crossed anywhere, except at drifts which are approached by cuttings down to them through these banks. To enter the town from the Blinkwater direction, it was necessary to cross the river by one of these drifts. These at this time were carefully guarded. The alarm was given and the firing of muskets brought all the defenders, many of whom were resting in the English church as a citadel, to the places where they were wanted. Hermanus was soon seen riding at the head of his regiment and wearing, in bravado, a lady's black bonnet. It was part of the spoil which had been taken from the homestead of Major Blake- way. Their first attempt was to burst through into the lower part of the town by Stanton's drift, through which the main road to the north passes. Twice, amid a hail of bullets from both sides, the attempt was made and twice it was prevented. Hermanus then went a little way up the far bank of the river to the next drift, Johnson's drift, and there he succeeded in getting through into the street, Church Street, in the immediate vicinity. The fighting was now severe. Scarcely had Hermanus got two hundred yards from the drift, when a bullet struck him. He fell from his horse and lay on the ground — dead. His body was put across a horse and taken to the market square where it was placed on a table under the market bell and left exposed to public view, as a warning to all traitors. After about six or seven hours' fighting, during which the Fingoes distinguished themselves by their bravery — and savagery, the enemy com- 334 THE NEW REBEL LEADER CHAP, menced to retreat, leaving forty of their number killed.1 ' But the Fort Beaufort people had not yet finished with them. They chased them for eight or ten miles up to their Blinkwater haunts. There they captured a large number of cattle which were given to the Fingoes and also seized quantities of the spoil which had been taken from the farm houses. Thus ended the Hottentots' attack on Fort Beaufort. It might have been thought that after the death of their intrepid leader and the repulse they had sustained, the Hottentots would have seen the error of their ways and re frained from further violence. By no means was this the case ; in fact, it may be said that this reverse seemed rather to increase the desire and determination to plunge more deeply into rebellion. A new leader was not wanting. One Willem Uithaalder, " General of the Hottentots," as he was called, an old pensioner of the Cape Corps, stepped into the breach and pursued the evil course in a manner and for a length of time which would have been worthy of Hermanus himself. It was hoped that after the death of Hermanus and the supposed end of his influence, more than the eleven rebels would surrender themselves and ask for pardon in accordance with General Somerset's proclamation. But none did. Far from this, the disaffection, infection perhaps it might be called, spread beyond the boundaries of the Kat River Settiement and among people for whose disloyalty the London Society's missionaries could in no way be held accountable, supposing that is, that it was just to have charged them with having brought about the deplorable state of affairs in the Kat River by tampering politically with their own people. As Hermanus had abused the kindness which had been shown him by the Government, a proclamation was issued on January ioth, enacting that the large grant of land in the Blinkwater, which had been made to him, reverted to the Crown, as also did the lands which had been granted to all who had joined him. Further, the accomplices were to be expelled from the colony, unless within ten days they appeared before the nearest magistrate and took the oath of allegiance. It is not clear that any did so. In justice to 1 One Fingo was killed and four wounded. UITHAALDER'S CAMP VISITED 335 the Hottentots, generally, it should be stated that many chap. remained perfectly loyal and condemned the actions of the others. The numbers, both of Hottentots and Kaffirs, who joined Uithaalder at his camp at the Lower Blinkwater, increased rapidly. The revolt now extended to Upper Blinkwater, involving especially the missionary village of Philipton, a place afterwards described as " the focus of the rebellion." Andries Botha, the field cornet of Buxton, de plored the fact that all his people including his sons, had joined Uithaalder. As the whole of the available military force was required in Kaffraria or to hold the widely-separ ated forts and as the burgher forces had their duties on other parts of the frontier, the Kat River rebels were free to act as they pleased. The situation of the few English inhabitants and loyal Hottentots was most anxious, for no one knew who was to be trusted. In this state of affairs, the missionaries, the Revs. Read, senior and junior, A. van Rooyen together with field cornet Andries Botha and commandant C. Fourie, visited the rebel camps and used all their influence in endeavouring to dissuade the people from their downward course. At the Lower Blinkwater, they found Uithaalder in command of some six or seven hundred men, Hottentots and Kaffirs. With a sword dangling at his side and with the air of a field-marshal, he rode about and drilled his Hottentots as he himself must have been drilled in the Cape Corps. The Kaffirs, in the manner peculiar to them, prepared themselves for contest, by whistling, dancing and beating their shields with their assegais and knobkerries. On the whole, Uithaalder's force must have appeared something of a formidable body. The missionaries held religious services, prayed with and preached to them as well as talked with them in private and collectively. But it availed nothing. Many were ready with arguments in favour of fighting. They mistrusted the offer of pardon ; they feared the proposed change of govern ment whereby they considered they were to be removed from the protection of the Queen and were to be at the mercy of a supposed cruel and unjust colonial legislature ; they alleged complaints of oppression against the magistrates who had been put over them, which complaints, with one exception, 336 ATTACK ON FORT HARE CHAP, were quite groundless. In short, they were not to be moved VI11, by any such reasoning as the missionaries could urge. General Somerset, in a letter to these missionaries, dated January 17th, expressed his appreciation of " the loyalty and zeal you have evinced in endeavouring to induce these mis guided men to return to that allegiance." Day by day, the situation of the loyalists in the Kat River became rapidly worse. Sandilli, apparently assured of, if not the support of the rebels, their disinclination to fight on the side of the Government, sent a message, on the 1 8th, to L. Peffer, who was in command of Eland's Post, asking how far he might depend upon them. It was his intention to attack either the Kat River or Fort Hare. In the former case, it was quite certain that Uithaalder would join him and fairly certain that many who were wavering would declare on the side of the rebels. Fortunately for the Kat River, Sandilli turned his attention to Fort Hare. At about nine o'clock in the morning of the 21st, the piquets on the hills near Fort Hare descried an enormous body of Kaffirs approaching the place from the direction of Fort Cox. Instantly the bugles sounded the order to gather into a place of safety the cattle which were grazing in the vicinity. Onward came the advancing army. It was estimated that it numbered five thousand warriors. And apparently it was not altogether a disorganised rabble, for those on foot were divided into three columns which deployed to the right and left with celerity and in a manner almost worthy of regular soldiers. In advance came a large body of mounted men. As soon as they were within range the guns on the bastions of the fort opened upon them and greatly discomfited the columns. In spite of this, however, they continued to advance. Their objective seemed to be the cattle belonging to the Fingoes, many of which were at first taken. The Fingoes with the C.M.R., now made a most spirited charge and a fierce hand-to-hand fight took place, while the guns continued to belch forth death-dealing shells. The scene is described as being more like an irregular Kaffir war dance on a large scale. Overwhelming as the numbers of the enemy already were, they were reinforced by others who appeared from behind the adjacent hills. A large body came from the UITHAALDER BEFORE FORT ARMSTRONG 337 Chumie mission station region under the command of CHAP. Soga, the chief of that part. They came up the small river, the Gaga, and entered the town or village of Alice in the direction opposite to Fort Hare. The townspeople had now to do their share in driving back the enemy. In this, they were assisted by the Fingoes — the Alice Fingo levy — and the C.M.R. Firing took place from the roofs and insides of the houses, thus accounting for some of the eighty-five dead, which were counted after the conflict. Among those killed, was Soga — -the leader — and Manana, his brother. On the side of the defenders the loss was six Fingoes killed and eleven wounded. The loss in the Fort Hare fight must have been great, no estimate of any value has been given. The duration of the fight is stated variously as from two and a half to five hours. Some of the cattle for which they struggled they obtained ; the Soga party is said to have got off with two hundred head ; but on the whole, the action was a defeat for the Kaffirs. On January 22nd, the day after the attack on Fort Hare, Uithaalder with all his force appeared before Fort Armstrong. He had shifted his camp from the Lower Blinkwater and established it within a short distance of that fort. Fort Armstrong was situated on a high piece of ground which was partly encircled by the Kat River and about 26 miles from Fort Beaufort in the direction of the Katberg. It consisted of a square enclosure of stone walls, at one corner of which there was (and still is) a strong loopholed square tower, also of stone.1 Inside the square, there was a powder magazine and the usual offices found in such forts. A wide area of country and distant mountains were visible in all directions from the fort. To this place the English and other loyal inhabitants of the settlement, by order of the magistrate, Mr. Wienand, assem bled for safety on December 26th, when the first news of the outbreak of war reached them. There they had been for nearly a month. On the morning of this day, January 22nd, Andries Botha, with the knowledge and sanction of the magistrate, went to visit this new camp of Uithaalder, extremely probably for the purpose of trying once more to 1 Vide Vol. Ill of this work, page 188. VOL. V 22 Z 338 THE REBELS WITHDRAW CHAP, reason with the people. He was, however, accused of going ' for a very different purpose. In a short time, he galloped breathlessly back to the fort, shouting : " They are coming, they are coming." Uithaalder's horde of Hottentots and Kaffirs were then seen to be moving towards the fort. In number, they were about four hundred. It would seem therefore, that many — since the attack on Fort Beaufort — must have found diversion elsewhere or joined some other chief. They halted at a short distance, when Uithaalder sent a message to commandant Groepe, requesting a parley before proceeding further. In answer to this, a deputation consisting of the Rev. J. Read, jun., W. R. Thompson, commandant Groepe and Fourie and field-cornet Andries Botha went to Uithaalder. The interview was unsatisfactory. The people, leaning upon their guns or assegais, were morose and dis posed to be insolent if not something worse. " This is not your day, it is ours," said one. " The writings and the work of the missionaries are no good ; we are still an oppressed race," said another. The terms dictated by Uithaalder were, that two hours would be given for the removal of the women and children, then all must lay down their arms and sur render or the place would be attacked. These terms were rejected and the deputation made a second visit. Five days now were given during which all who were not on the side of the rebels were to leave, but were to take nothing of their property with them. Both sides seemed to be afraid to come to blows. Some of the rebels crossed the river to the fort and made a commencement of the pillage by taking away the horses, saddles and bridles of one individual. But what was more serious was that many of the supposed loyal Hottentots in the fort were seen to be very friendly with the intruders and apparently more disposed to join in with them than to defend the place against them. Greatly to the disgust of the English, of whom there were only thirty-six, commandant Groepe had forbidden fire to be opened upon the people at their approach. It was perhaps as well he did so. In the end the rebels drew off without doing further damage and were soon out of sight. THE MEN ESCAPE TO WHITTLESEA 339 If the English in the fort still retained any lingering chap. doubt as to the disposition of the Hottentots in their vicinity, it was dispelled on the evening of this day, when wholesale pillage of all their property commenced. On the next day, therefore, the men fled to Philipton, five miles away, leaving their wives and children in the belief that they were not in the same danger as themselves. But they found themselves no better off in Philipton, for that place was no less " a focus of rebellion " than Fort Armstrong. Their only hope seemed to be escape over the mountains to the small village of Whittlesea. "*We did not abandon our wives and children of our own accord," said one of the refugees, " but we escaped in consequence of our wives imploring us to fly, as upon our escaping from the hands of the rebels depended, in all probability, the lives of the whole of the European inhabitants then among the rebels." The way to Whittlesea from Philipton was via the dangerous and precipitous Readsdale bridlepath and through forests. This had to be negotiated on a dark and rainy night. With difficulty, Mr. Read persuaded eight young Hottentots to join him in guiding and escorting the party over the worst of the journey. They reached Whittlesea without mishap. The fury which the Fort Armstrong Hottentots wreaked upon the property of the English, on the 23rd, was said to be due to an exaggerated report, received on that day, of a massacre of Hottentots by the English in the adjacent district of the Mancazana. The following appears to have been the sequence of events which happened in those parts. One Casper Olivier, a Hottentot, a reputed respectable member of the Dutch Reformed Church in the Kat River Settlement, and a loyal and industrious man, had hired a farm in the Mancazana from an English farmer, named Lennox Bennett. To this place, when news of war reached the Kat River, several Hottentots drove their cattle and sheep as a place of safety and they themselves remained there. In view of possible danger in the then state of war, the refugees, about 85 in number, formed themselves into a camp and elected Casper Olivier as their commandant. But soon they were suspected of being in sympathy with the Blinkwater 340 THE CLAN PRINGLE CHAP, people, parties of whom as well as Kaffirs hovered in the ' vicinity. On Sunday, the 19th, probably on account of a large body of Blinkwater rebels who were devastating the district, Casper went to Fort Armstrong to see the magistrate, Mr. Wienand, leaving his camp in the care of and under the authority of David Fortuyn, another Hottentot. Fortuyn was soon to find that he had undertaken a difficult responsi bility. In the Baviaan's River district, at no great distance to the west, dwelt the clan Pringle, the Scotch party of settlers who came to South Africa in 1820. In that district also the rebel Hottentots were making themselves felt. But the Pringles, having lived so long in those wild regions, were equal to the occasion. On the farm Eildon, of R. Pringle, a camp was formed, the members of which were ready at any urgent call for offence as well as defence. Dods Pringle was a leader of men who was always to the front when the country was in danger. There was now need for the services of all these people. On this Sunday, the 19th, Dods Pringle, received an appeal for assistance from a farmer named Ainslie, whose place was being attacked. Early the next morning, having joined his brother Robert with his people and others of the district, he found himself in command of thirty-five well armed men. They were to have been joined by a party of Fingoes, who were hiding in the Kloofs — but who did not appear until later. On their way to the Ainslies' farm, they met the family fleeing from the place, having on two ox-waggons all they could save of their home. Arrived at the homestead, the commando found the place ransacked and furniture, pictures, books and all else wantonly destroyed. Much the same had happened at John Pringle's Glenthorn and T. Nourse's Rockwood.1 To return to Fortuyn's camp. According to a deposition made by him before the magistrate at Philipton, and wit nessed by the missionaries, a large body of rebel Hottentots and Kaffirs approached the camp. Four men were sent to them to seek the reason for their hostile demonstration. 1 The total number of buildings destroyed up to this time by combined rebel Hottentots and Kaffirs was 25 dwelling-houses, 2 shops, 1 school, 1 shearing-house, 1 waggon-house, besides small out-houses. HOTTENTOTS DISARMED 341 They received in reply from the leader, du Preez, the state- CHAP ment that their object was the murder and plunder of all the VIIL English. That this was no idle boast was evident from the fact that they had in their possession, cattle, sheep, coffee, sugar and merchandise, some of which they acknowledged had been stolen from John Pringle's place. Moreover, the friendly feeling between the two parties led to some of this property being handed over to some of Fortuyn's people. Finding himself in this dangerous situation and Casper still absent, Fortuyn with a number of the people whom he thought he could trust, decided to leave for Fort Armstrong — thus to shake off, as it were, the association of those who had involved themselves in the receipt of stolen property. In this he was disappointed, for the undesirables insisted upon accompanying them. Thus was formed a straggling caval cade accompanied by fourteen waggons and a large number of cattle and sheep. While on this journey they came into the view of Dods Pringle's commando. The commando galloped up to them and having been divided into two parties, one went to the rear of the train of waggons and met with no resistance. The other went to the front where the Hottentots showed some inclination of fight. However, on Dods Pringle pointing out to them in a fatherly manner that each of his men possessing a double-barrelled gun could be de pended upon for two dead Hottentots, while he himself was prepared to guarantee three, the rebels — for such they were — surrendered their guns (or some of them), and the powder, as they were ordered. The former were taken and so broken and damaged as to be unfit for further use, while the powder was scattered on the ground. Further, the Hottentots were ordered to return to their camp, which they did. Thus there was no firing on either side. This then, was all the foundation there was for the rumour at Fort Armstrong that the Hotten tots at the Mancazana were massacred by the Pringles. After this disarmament the commando retired. The next morning at daybreak, Casper Olivier arrived back at his house in the camp. While resting, he was suddenly awakened by the rattle of bullets being fired upon his house. Going to see what was happening, he found that a party of Fingoes was attacking the place. They were most probably those 342 FINGO MESSENGERS ATTACKED CHAP, who should have joined the Pringle commando. A desultory VIIL firing ensued from both sides, during which three Hottentots were killed and some were wounded, among whom was Olivier himself, and his house was set on fire. After this, the camp seems to have dispersed. Olivier and one or two of his friends went to Philipton and made certain depositions, which, when published, gave great offence as being exaggerated and untruthful. R. Pringle was said to have been among the Fingo assailants and to have given orders for all inside Olivier's house to be stabbed. These depositions will be referred to later. After the departure of the English from Fort Armstrong on the 23rd, the rebel Hottentots were in full possession of that place, in fact of the whole district. The immunity from punishment for their ill-deeds had given them such confidence that they seemed prepared to go to any length in defying the Government. This was obvious on the morning of Thursday, the 24th, when seven Fingoes, who arrived at Fort Armstrong on Government business, were attacked and despoiled of their horses, saddles and all else. These men had been sent by Mr. Wienand, on the 22nd, to General Somerset at Fort Hare to ask for some military pro tection for the settlement. Unable to comply with this request, the General sent the messengers on to Col. Sutton, at Fort Beaufort, in the hope that he would be able to spare a few men. But he also could not. The messengers therefore had to return to Fort Armstrong with the disappointing intelligence. They travelled through the dark and rainy night and reached the fort at daybreak. On entering they were immediately surrounded by a hostile crowd and were for a time in fear of losing their lives, as orders were given (or said to have been given) to take them to the krantz and shoot them. It is difficult to arrive at the truth of what actually happened on this occasion, though it is a matter of some importance. The independent and consistent evidence, given by these Fingoes, during the great trial of Reg. v. Andries Botha for High Treason, which took place in Cape Town, in 1852, shows that Botha was the leading spirit in molesting these people, that he, with his own hands, took from the messengers some of their property and that it was Andries Botha Mendelsohn Collection. Houses of Parliament, Cape Town. M mr* (f m Kaffir Chief Maqomo Mendelsohn Collection. Houses of Parliament, Cape Town. ANDRIES BOTHA THE REBEL 343 he who gave orders for the shooting at the krantz. Other CHAP. witnesses swear that Botha could not have acted thus, as at the time of the alleged offence he was at Philipton, six miles away, drinking coffee with commandant Cobus Fourie. Without undue anticipation, a word may be said here about the " notorious rebel, Andries Botha." This man, on account of his previous good character, had been placed in authority by Sir Andries Stockenstrom in 1829 when the Kat River Settlement was first started. He had proved himself in every way worthy of the trust which had been placed upon him. Not only had he exercised a good influence among his people during peace, but in war he had been distinguished by his bravery and power of leadership, as for instance his action in the Amatolas during the war of 1846. He was " a rude, unlettered functionary, but Her Majesty had not in her dominions, a more loyal subject, nor brave soldier, and by his services during the wars of 1836 and 1846 he has conferred a lasting obligation on the colony and its Govern ment." 1 And now at this time when the term Hottentot became almost synonymous with rebel, his actions, some of which have yet to be detailed, brought upon him a charge of High Treason of which he was convicted by a jury in Cape Town and for which he was sentenced to death by Sir John Wylde. On this day, the 24th, the women and children who had been left at Fort Armstrong, managed to escape to Philipton. There had also arrived at that place the mission aries from the Chumie, the Revs. Cumming, Niven and Renton. Their object had been to reach Fort Hare or Fort Beaufort, but considering it too dangerous to attempt to reach either of those places, they had to seek and remain re luctantly for a time at that " focus of rebellion," Philipton. Together with the Revs. Read and van Rooyen, these men established a short-lived " Kat River Loyal Burgher Association," the object of which was to combine for mutual defence against all disloyalty and anarchy, and as far as in them lay, to arrest the spread of these evils. This was necessary, they argued, as the civil authority had no means of enforcing the ordinary laws for the protection of persons and 1 Sir Andries Stockenstrom. 344 KAT RIVER LOYAL BURGHER ASSOCIATION CHAP, property, the civil authority, Mr. Wienand, at that time ' being at Philipton, shorn of all magisterial power and prac tically a prisoner. It is not clear that this association had any power to protect the loyal or to suppress rebellion. But it certainly had the power to raise against itself a storm of excitement and indignation among the frontier colonists. It was accused of collecting " one-sided information " and taking from the Hottentots depositions which palliated their own crimes and blackened the characters of the colonists. This was all the more serious as it was known that Mr. Renton was leaving shortly for England and intended to make use of the stories he was collecting. The depositions of Casper Olivier and his party, in particular, gave offence, as the Pringles, the accused, were not heard in their defence and, so it was averred, the missionaries had put such questions as suited their own purpose. When, a few weeks later, all this and more became known, public meetings were called (at Somerset East and Grahamstown) to protest against these proceedings and to petition the Governor to institute an enquiry, not only into the cause of the rebellion, but into the reputations and characters of the missionaries themselves. And further, that as some were about to leave the colony, they be detained until the important evidence which they are in a position to give be obtained. Although not specifically stated, it was clear that this was levelled only at " certain missionaries," the London Society's missionaries. " Certain missionaries stand charged by public opinion with having influenced the minds of the Hottentots against the colonists by unwarrantable political preachings and attempts to trump up grievances on the part of those people which have no foundation in fact, but in their own jaundiced imagination. Their weak minds have been led step by step until declama tion against the English has become part and parcel of their religious creed — the end rebellion." A memorial for the in vestigation was sent to the Governor at King William's Town. On March 28th, he acknowledged it sympathetically and said a copy would be sent to the Secretary of State. This was not what was wanted as it most likely meant no investiga tion at all. But to return to Philipton. On the 28th (January), the HOTTENTOT DISLOYALTY 345 place was honoured by a state visit from the sword-bearing CHAP. " general " Uithaalder. He demanded all the property which YIIL had been taken from the English at Fort Armstrong. He claimed it as his own, as he maintained that it was upon the understanding that he should have it that he did not attack the place. His success in this expedition is not recorded. The magistrate, Mr. Wienand, now finding himself bereft of all authority and power, determined to leave Philipton for Fort Beaufort. To this end, he managed to persuade thirty loyal men, among whom was Andries Botha — to escort him thither. They left on the 29th. Col. Sutton, at Mr. Wienand's request, having given the party permission to cross the drift of the Kat River, it entered the town. No sooner was their presence known, than the whole place was up in arms against them. The memory of the attack on the 7th was too fresh to enable them to endure, with equanimity, the sight of anyone from the Kat River. The Fingoes were with difficulty restrained from using their assegais and many Europeans were more than ready to shoot. Col. Sutton, seeing this demonstration, persuaded the visitors to leave the place with all possible speed. This was done and an escort from Fort Beaufort accompanied the Hottentot party for a distance of about an hour from the place. One gun was fired at the receding party. Andries Botha considered it was intended for himself. This treatment, according to his apologists, embittered him against the colony and weakened the loyalty for which he had so long been conspicuous. Mr. Wienand did not return with the party, but went on to Fort Hare. It is not clear whether, as many believed, the Hottentot rebellion commenced at the Kat River Settlement and spread, like an infection, to the other parts or whether, influenza like, it broke out unaccountably in different and distant parts at about the same time. Certain it is, however, that at mission stations and in the disciplined ranks of the Cape Corps, disloyalty became rampant and Hottentots showed a dis position to join their former enemies, the Kaffirs, against the Government. Apart from the conflict at Fort Beaufort on the 7th, the first serious and continued Hottentot fighting took place towards the end of January in a region which is now a part of the Queenstown district, but which at that 346 SHILOH CHAP, time was Tambookieland. The chief Mapassa, to whom reference has already been made, had always, as far as circumstances permitted, welcomed active hostility against the colony. For some months before war broke out in December, his people had been ravaging the north-eastern parts and had necessitated the constant patrols of burghers from Cradock. In an actual state of warfare, therefore, between the colony and the more southern Kaffir tribes, Mapassa and his people were more than ready to add to the turmoil. To the north of the Kat River Settlement, beyond the Katberg mountains and in Mapassa's country, there was the mission ary village of Shiloh. It belonged to the Moravian Society and was guided and managed by the Rev. A. Bonatz, a pious, hardworking and self-sacrificing man. It was not exclusively a Hottentot mission ; there were also many Tambookies and Fingoes. It says much, therefore, for the influence exercised by Mr. Bonatz, that he should have been able to induce members of such mutually hostile tribes to dwell together in unity as they seem to have done — to have per suaded the lion to lie down so peaceably with the lamb. These people had combined and worked for the common good. Shiloh was in many respects a model missionary village. It had about 200 neat houses or huts with their gardens, a well built and substantial chapel, schoolhouse and missionaries' houses. Industry and discipline were the characteristics of the place and apparently, there was a complete ignorance of the political questions of the time. About two miles distant was the embryo village of Whittlesea, founded by Sir Harry Smith, and named after his birthplace. The population consisted of about fifty Europeans and a number of Fingoes. It was in no way con nected with Shiloh. From the beginning of the year, there had been a vague uneasiness in connection with the natives at Shiloh. On January 3rd, Mr. Gilfillan, the magistrate of Cradock, said that he felt there was some understanding between them and the Kaffirs. The missionaries on the other hand were of opinion that their people would remain loyal and would die in defence of the place. Some did eventually, but not in the manner which the missionaries expected. The enemy to be feared was the Tambookies. As THE FIRST BATTLE OF WHITTLESEA 347 a precautionary measure, the church was turned into a de- chap. fensive citadel ; the windows were blocked up, leaving holes through which guns could be fired, the thatched roof was covered with clay as a precaution against fire and a parapet was built on the walls from behind which, it was hoped, musket fire would keep an enemy at bay. Whittlesea in like manner made all possible defensive preparations. All large openings were blocked up and loopholed and all flat roofs were parapeted. Captain Tylden, R.E., was in command. In this state of preparedness, suspense and little know ledge of what was happening at a distance, these two places remained for about three weeks, though there was little doubt that the Shiloh Hottentots were in communication with those of the Kat River. Whittlesea realised the true state of affairs when, on the 24th, the Philipton refugees arrived. A few days previously, the Cradock levy reached the place and on the 25 th, a number of Fingoes from kraals in the vicinity also congregated there. So that for purposes of defence and offence, there were about 300 of these people and 50 Europeans, but there was no artillery. On this day, the 25th, their trouble began. About 1,500 Tambookies, principally cavalry, marched to within two miles of Whittlesea. The greater number, however, were hidden behind a hill, while a small party was sent out to capture the Fingo cattle. The Fingoes followed them and soon discovered the force in hiding ; they had to retreat, but fired at the enemy in doing so. These poor Fingoes seem to have been left for a time to fight their own battle, while Capt. Tylden and his men looked on from a distance. The Shiloh Hottentots were seen to go out and join in the affair — to help the Fingoes ? No ! to join the Tambookies in the attack upon them. The Whittlesea people then moved to the rescue, when the com bined fire drove the enemy to the adjacent heights. But seeing the assailants retiring they came out of their rocky stronghold and followed. The Whittlesea people then turned and again attacked. Many of the enemy were killed, as they were so crowded together that one shot in some cases killed two or killed one and wounded another. The Tam bookies then returned to Shiloh, where they remained during the night. This was the first of the " twelve battles of 348 WHITTLESEA ON THE OFFENSIVE CHAP. Whittlesea." On the 30th, the Shiloh missionaries, five in V ' number, saw that no good purpose could be served by re maining any longer, they therefore, with all they could load on to five waggons and accompanied by very few of their " faithful " people, abandoned that place and went to Whittlesea. Mr. Bonatz said : "I have taken a farewell of my mission after a residence of nineteen years, I find my labour lost, not above four Kaffirs and three Fingoes go with me, the rest of my congregation have taken their portion deliberately with the rebels, and Hhave no hope of the conversion of these people." With the removal of such restraint upon the Shiloh Hottentots as their missionaries had exercised, the spirit of rebellion could have full sway, and there could be, as there certainly was, unfettered alliance with the Tambookies. On the 31st, Whittlesea, fortunately, was reinforced by a large party of natives, the people of the Christian chief Kama, who had their location at Kamastone, at no great distance. These people rendered great assistance in the struggle of this day. A commando of Tambookies and Hottentots, about seven hundred in number, marched to within about five miles of Whittlesea. The forces of the place however were ready for them. A severe action lasting one and a half hours ensued, when the enemy was driven back to Shiloh and beyond. So far the initiative in all these actions had been on the part of the enemy. On February ist, Whittlesea acted on the offensive. All the force which could be mustered marched into Shiloh. The resistance offered seems to have been small, as within ten minutes after their arrival, they were in possession of all in the place except the church and the school house. The church, being so sub stantially built and so well fortified, formed a refuge for all of the enemy who could manage to crowd into it. Some of the Europeans succeeded in getting into a house which was opposite the church, upon which they kept up a fire for over four hours. During the whole day, the casualties on the side of the assailants were five of Kama's people, five Fingoes and one European killed and eight wounded ; on the side of the enemy it was estimated that between forty and fifty fell, many being shot in endeavouring to get into the church. The force seems to have returned to Whittlesea well satisfied A "SURREPTITIOUS ARMISTICE" 349 with the day's work. On February 3rd, Shiloh, having been CHAP. reinforced by a number of Kat River rebels, endeavoured to turn the tables on Whittlesea, but with little success. All places were so well protected, parapets on all the flat-roofed houses, the defenders, both in numbers and skill, so well able to meet such an onslaught, that the affair became little more than a musketry contest at long range. One Fingo was killed on the side of the defenders. The casualties on the side of the enemy were unknown. These almost daily skirmishes in one direction or the other continued until they were terminated by what was called a "surreptitious armis tice." It appears that four of the Shiloh Hottentots made their way to the Kat River Settlement, interviewed the " Council " of the Kat River Loyal Burgher Association and gave their version of what had been happening. The Revs. W. R. Thompson and J. Read immediately sent to General Somerset a letter dated February 4th, in which they drew his attention to the " deplorable havoc of life and pro perty at Shiloh. The fulness and distinctness of the testi monies transmitted and the views entertained here, expressed in resolutions which accompany them, render it unnecessary for us to add a word beyond expressing the most earnest hope that not a moment will be lost in taking steps to prevent the growth of the mischief." In answer to this, on February 7th, General Somerset replied : "I have heard with deep grief and sorrow all that is said to have befallen the Moravian mission station at Shiloh. In the absence of all report from commandant Tylden, I cannot at present give an opinion. But I direct that no further hostile attack or movement be made by any force against Shiloh or the inhabitants of that station so long as they themselves remain passive. Captain Tylden will take charge of all property that has been seized at Shiloh. I desire that Captain Tylden will make an im mediate report of the unaccountable proceedings and that he will afford every protection and assistance to the respected missionaries who have been thus forcibly driven from their homes." In accordance with this notice, all fighting with the Shiloh Hottentots ceased, though, as will be seen, it con tinued with the Tambookies. When this correspondence became known beyond the confines of the Kat River Settle- 350 POST RETIEF 3HAP. ment, there arose such a strong feeling of indignation, that ' the whole case was put before Sir Harry Smith. The result was his issue of a proclamation, dated February 22nd, in which he said : "Whereas certain representations have been made as to how far the Hottentots of the Shiloh Missionary institution have been implicated in combining with the Kaffir enemy Mapassa, I hereby proclaim, declare and make known, however deeply I regret to record it, that no doubt exists on my mind of the melancholy part those misguided and heretofore loyal men have taken. And whereas in a letter, under date Feb. 3rd, 185 1, addressed to me by the Rev. A. Bonatz, who most assuredly must have had the best opportu nities of observing the conduct of the people under his charge, he has in no way endeavoured to extenuate their conduct, but, on the contrary, expresses grief thereat, and at the great shame and disgrace brought thereby upon themselves and the Society ; and whereas in the attacks upon Whittlesea several men of the Shiloh Institution were found killed and lying with the dead Kaffirs of Mapassa, I hereby Proclaim, Declare and Make Known that the Shiloh Hottentots are thus proved to have been guilty of Rebellion ; and the punish ment inflicted upon them has been of their own seeking." The immunity from attack which the declaration of the armistice gave the Shiloh people enabled them to gather their belongings and to quit the place. A patrol visited it on Feb. 26th, and found it quite deserted. Shiloh as a missionary station for a time ceased to exist. During these weeks the whole of the Winterberg district was in a sad plight. Very shortly after the first news of the outbreak became known many of the European inhabitants fled to the abandoned fort, Post Retief, taking with them sheep and cattle and whatever they could save from their homes. A few, instead of going to the fort, seem to have congregated at some farm, as a central place, in the hope of being able to defend it. In one such case, thirty-six people were cooped up for two days in a building, measuring forty feet by sixteen feet, the remainder of the buildings of the farm having been burnt. The place was so surrounded by the enemy that none dare venture outside. Post Retief was a substantially built stone fort. Where the FORT ARMSTRONG TO BE ATTACKED 351 stone buildings themselves did not form part of a large CHAP. square enclosure, there were strong loop-holed walls, so VI11' that, once within, refugees were comparatively safe. On February 6th, a large body of Hottentots was seen to be approaching the place. The grazing cattle were quickly collected and driven within the walls and then preparations for defence were made. On reaching the fort, the enemy commenced a musket fire, which was kept up for two days, but there seems to have been no loss of life on either side. The Hottentot horde, however, hovered about the place for four days — from the 6th until the ioth, during which time the imprisoned were cut off from all supplies of food and water. Commandant W. M. Bowker, Dods Pringle and Capt. Ayliff, hearing of this state of affairs, immediately set off with 130 burghers and 140 Fingoes to the rescue. This was easily effected, for on their appearance the Hottentots dis appeared. It was this party whch rescued the 36 persons imprisoned on the farm. In the large districts of Somerset East, Cradock and even far away Colesberg, there were the same stories of abandoned farms, burning homesteads and general desola tion. All this however, must not be put down to the rebe Hottentots. Still the share they had in the mischief, their growing daring and the widening extent of their operations rendered it necessary for General Somerset, at length, to make something more than a demonstration against the Kat River Settlement. Perhaps all the more necessary, as at this time, the Hottentots of the London Missionary Society's station at Theopolis in Lower Albany, were giving indications of their disposition to commit the atrocities which afterwards rendered the name of Theopolis infamous. These will be dealt with later. As Fort Armstrong was the rebel citadel, the stronghold of Uithaalder and the place in which so much ill-gotten gain was stored, that place was to be the objective. That there should be no doubt as to the ultimate success of the movement, it was decided to employ what was considered an overwhelming force and to attack the fort from two opposite directions simultaneously. Com mandants W. M. Bowker, Dods Pringle and Capt. W. 352 ARRIVAL OF ATTACKING FORCE CHAP. Ayliff, were ordered to assemble a large party of burghers and Fingoes at Post Retief and with these to move over the moun tain to Fort Armstrong, via Balfour. The General himself was to move from Fort Hare with a force of 1,800, consisting of C.M.R. and burghers with artillery. None of the regular soldiery could be spared for this service. The Post Retief force consisted of 200 English, 400 Dutch, 200 Fingoes and a party of volunteers from Grahamstown under commandant Currie. These met at Post Retief on February 21st. On this day, Sandilli with a large following, invaded Philipton and demanded as his own, all the property which had been stolen from the English. He does not seem to have obtained it. He did, however, drive off all the Fingo cattle while the owners fled in terror to the forests on the adjacent moun tains. Had this visit been postponed until the next day the taking of Fort Armstrong might have been a more serious and bloody conflict than it was, bad as it was. As soon as the moon rose, about midnight, on February 2 1 st, the commando left Post Retief and, making its way over the distant Didima mountain, found itself, at day break, descending on the far side and looking down upon Balfour and the camp, if it may be so called, of large numbers of the enemy, who were unaware of their approach. Very soon the muskets of both sides were busy and a continuous fight was maintained until about half-past ten. The burghers were then becoming disheartened and showed a disposition to retreat as the expected assistance from General Somerset did not appear to be forthcoming. However, at that time, the movement of a cloud of dust in the direction of the village of Hertzog indicated the approach of the General. In a short time, the two bodies were in communication and the real business of the day commenced. The General was late in consequence of having been attacked by Kaffirs on the Chumie ridge. Continuing his march he arrived within sight of Fort Armstrong and within hearing of the distant firing of musketry, when a white flag was seen being waved from the fort. Major Somerset, son of the General, with an escort, having gone forward to learn what it meant, was asked that the women and children might be allowed time to move out of danger. This, of course, was granted and the Attack on Fort Armstrong Mendelsohn Collection. Houses of Parliament, Cape Town. CAPTURE OF THE FORT 353 same privilege was extended to any loyals who still remained CHAP. in the fort. By far the greater number, however, refused to I# surrender and their numbers were being augmented by many others, who realising their dangerous situation, fled to the fort and adjacent buildings. Great difficulty was experienced in separating the women from the men, a problem rendered none the easier by the fire which was kept up from the loop- holed tower. The two howitzers were opened upon the fort. The walls were soon seen to crumble. Under the cover of these guns, the regiment galloped up the slope on top of which the fort stood ; the men instantly dismounted, rushed upon the medley of Kaffirs and Hottentots and made sad havoc among them. The survivors fled in all directions. But some in the tower held out obstinately for some time, in fact, until all of them were killed. In a memorandum of General Somerset to Major Burnaby in Grahamstown, dated February 23rd, he says : " The men in the tower would not surrender ; but kept firing upon us out of the loopholes ; we could not take it. I was obliged to blow it up x with shells." He gave the casualties as 27 Kaffirs and Hottentots killed in the fort and 9 in the tower. They took 160 prisoners and had upon their hands 400 women and children. On the side of the assailants, two burghers and 4 Fingoes were killed; 5 C.M.R., 15 burghers and 5 Fingoes wounded. By about two o'clock, the conflict was over and the sounds of musketry ceased. The burghers who had been fighting or had been on the march since midnight, were in need of rest ; a very large camp, therefore, was formed on the flat on the other side of the river and remained there until the next day, Sunday, the 23rd. Numbers of Hottentots visited the general and assured him of their loyalty — so many indeed, 1 That the tower was not blown up with shells, as stated in this memorandum, is very clear, for to-day it is standing in almost as good order as when it was first built (vide illustration from a photograph, taken only a few years ago. Vol. Ill, page 188). There is a curious discrepancy between this memorandum and his report to Sir Harry Smith, dated the next day, the 24th. He says : " Meantime the rebels in the detached tower continued firing from the loopholes and refused to surrender. I then ordered the gun to be brought up and blow open the door ; still they kept up a fire. Several of the enemy were lying dead on the lower floor, the remainder climbed to the top of the fort, and remained concealed under the parapet, where they remained for some time, but were at length brought out with their arms and ammunition. ... 46 of the enemy lay dead in and around the fort." VOL. V 23 2A 354 G£iV. SOMERSET VISITS PHILIPTON chap, that he must have wondered whether there were any dis- ' loyal. On this Sunday, the Revs. W. R. Thompson and J. Read, senior, and the loyal field commandant, Cobus Fourie, with a considerable escort of Philipton people visited the camp. The near approach of these people was the signal for a storm of hostile shouts from the camp Fingoes and hoots and hisses from the Europeans. There nearly was a serious fracas. The assembled force being an irregular one and not altogether amenable to the discipline characteristic of the regular soldiery, the general found some difficulty in preventing a serious assault on the visitors. A number of the C.M.R. were told off to protect Mr. Read. The object of the mission seems to have been a request that, in the event of the general visiting Philipton, as they much hoped he would, he would go accompanied by the Cape Corps only and not by burghers and Fingoes. The next day considerable anxiety reigned in Philipton as the loyal people of that place, fearing their rebellious brethren and the chastised Kaffirs who had escaped from Fort Armstrong, and desiring some protective measures for their safety, heard that the general had marched his force on to the Lushington valley and apparently did not intend to visit them. The Council of the Kat River Loyal Burgher Association therefore sent a messenger to him to state their case. The next day they received the assuring answer that the general was then on his way to Philipton. In due course, he arrived, but with the dreaded burghers and Fingoes. Pursuant to a notice which he had issued, all the people had to assemble to meet him, any who were absent were to be regarded as rebels. The meeting consisted of about 230 Hottentots and 72 Fingoes, but there were undoubtedly many rebels among them. The general addressed them in most uncompromising terms, making no discrimination between loyal and disloyal. He told them, in emphatic language, what he thought of their conduct and that under the circumstances he could pursue no other course than that of breaking up such a nest of traitors. In his report to the Governor, he said he was perfectly satisfied that Philipton had been the focus of almost all the disaffected in the settiement and that " the most disgraceful deception had been carried on to an incredible extent." " I found the Philipton in 1850 From Freeman's South Africa. Photo : C. G. A. Cory. Philipton of to-day showing Read's Grave THE END OF PHILIPTON 355 field cornet Andries Botha absent with the rebels." This is CHAP. one of the charges which led to Botha being tried for high VIIL treason. In justice to him, it should be stated that as soon as he heard that the burghers and Fingoes were to be taken to Philipton, he told the loyal field commandant, Cobus Fourie, that, in remembrance and in consequence of the treatment he had received at Fort Beaufort when he formed one of Mr. Wienand's escort, he would not trust himself to the general's commando, but would go into hiding in the bush until it was safe to surrender himself. After four days he did present himself to Major Fisher at Eland's Post. It is very probable therefore, that General Somerset was wrong in saying that " Andries Botha was absent with the rebels." As was expected, the commando took matters somewhat into its own hands. Unceremoniously, houses and waggons were searched. Seventeen of the latter were said to belong to rebels ; in them was found property which was unmistak ably loot from the farmers' homesteads. Patrols went forth to the small outlying Hottentot hamlets of Readsdale, Bruceton and Wilsonton and destroyed chapels, mission and school houses and a printing press with all its types and papers. It was alleged that these places were perfectly loyal and innocent of any rebellion or spoliation. On the 27th, General Somerset carried out his intentions of putting an end to Philipton. All, including the mission aries, were ordered to pack up their belongings and move off to Eland's Post (now the town of Seymour) five miles distant. Mr. Read says, " Of all the valuable mission and private property, my father and myself only got each one and a half loads away and had to leave most of our furniture and crockery and a great portion of my father's library behind." In addition to the crowd from Philipton, many families from other parts flocked into Eland's Post, panic stricken. One hundred and sixty men were disarmed and forty-eight waggons were confiscated. But many of these, on good proof of their belonging to innocent people, were restored. Option was given to all either to remain at Eland's Post or to go on to Fort Hare. The greater number chose the latter. The general now with his very large cavalcade moved on to the temporary camp which he had formed in the Lushington 356 A COURT-MARTIAL At FORT HARM CHAP, valley ; to which place the prisoners, wounded and cattle from ' Fort Armstrong had been sent and placed under the charge of Major Blakeway with 400 men. With 370 prisoners and between four and five hundred women and children, the commando reached Fort Hare. A few days afterwards, fifty- two more prisoners were marched in. Among these was Andries Botha. He was kept in prison during a few weeks on account of his suspicious conduct in connection with the Balfour fight on the 22nd. He was present, but there was no clear evidence on which side he had fought. He was seen to return to Philipton with a yellow horse, which he said he had obtained from a Kaffir. The large number of prisoners with their women and children pressed severely on the commissariat as well as employed, in guarding them, many of the force who were wanted for more important duties. Perhaps to obviate these difficulties, a court-martial of a most perfunctory character was held. It sat from March 18th until April 30th. In its leniency it does not appear to have been over-anxious to prove the guilt of the many. Of this large number of prisoners only fifty-four were selected for trial. Forty-seven were sentenced to death, three to periods of transportation of from three to ten years and four were acquitted. Many, according to the general orders of March 20th, who had placed themselves at the general's disposal and against whom no specific charge had been made were given passes to return to their homes or to seek work in the colony, while many others were drafted into levies, re-armed and called upon to fight against those with whom they had been — and still were — so friendly. But it was clear that many of these were as guilty as those who had received the severe sentences. On May 8th, the sentences were sent to the Executive Council for review. The opinion of that august body was that " to put these men to death would, under the circumstances, not merely fail in producing any of the bene ficial results which can alone justify the infliction of death punishment, but would on the contrary, be attended with circumstances so anomalous as to render the infliction of death punishment highly impolitic and inexpedient." The conflicting circumstances were that some (who most probably HOTTENTOT DESERTERS 357 were guilty) had been given their freedom, and further, so CHAP. long a time had been allowed to elapse since their appre hension. So in the end all the death sentences were trans muted to imprisonment for life with hard labour. Hence we find them as convicts working on the road in Bain's Kloof then in course of construction. When the imprisonment of so many of the Kat River people at Fort Hare became known in King William's Town, and when this was exaggerated by the rumour that every third man was to be shot, there was something more than a disposition to rebel on the part of the Cape Corps regiment which was stationed at that place. Their action took the authorities quite unprepared for any desertions. Between eleven and twelve o'clock on the night of March 13th, when all ought to have been asleep in their quarters, the sentries discovered some of the Hottentot corps leaving the place. The alarm was given and in a very short time the bugles sounded the assembly. The company rolls were called, when it was found that forty-six men were missing. It was obvious that many more were on the move but were prevented by this prompt action. The next day Sir Harry Smith held a review of the whole garrison. The remainder of the Cape Corps was placed between the 6th regiment on one side, the 73rd on the other and the artillery behind. He then harangued them in his characteristic blustering manner and had them disarmed. It is not clear that they were dismissed, for shortiy afterwards their arms were returned to them and they were again on good and active service. Most, if not all, of these people were connected in some way or other with the Kat River people and were therefore influenced by the happenings in those parts. The question then was, were the Hottentot levies from the West, from Swellendam, Genadendal and Riversdale imbued with the same sentiments ? These men were paraded separately and asked to state plainly their feelings and told that if they did not still feel loyal to the Queen, they were to say so, when they would be permitted to return to their homes. All declared themselves loyal and determined to fight on the side of the Government. No attempt was made to recapture those who had gone. They had taken with them their wives, guns and all else except 358 A COURT OF INQUIRY CHAP, their horses, so that they might easily have been overtaken ' had there been any desire or intention to do so. On this same day a Court of Inquiry was held in order to discover the reason for this behaviour on the part of these Hottentots. It was found that among these deserters were the oldest, the most steady and the most worthy men of the regiment. Up to this time no soldiers could have done better duty than these men ; upon patrols they had been the admi ration of all ; they were happy in their quarters and in the quality and quantity of their rations. One of them, a servant of Major Napier, had waited at table that evening and gave no sign of discontent, another had been groom to Major Armstrong for five years and seemed quite content and happy. But it was known that these people were religious, perhaps more correctly, fanatical, and had attended the prayer meetings and preachings of a Hottentot named Lovelot. It is not clear what was the tenor of his prayers and dis courses, but it is certain that, not only in King William's Town, but in Grahamstown, desertions from the Cape Corps followed his exhortations. The verdict of the Court of Inquiry was " That the causes which have led to this desertion are not of recent origin and are connected with the spirit of disaffection that has shown itself among the rebellious Hottentots in the Kat River Settlement and other settle ments of the Colony." In Grahamstown there was a similar affair. Men of the Cape Corps deserted from their quarters at night time and escaped. Among them were General Somerset's servants, to whom he had shown every kindness. Inquiry into this case seemed to show that Lovelot had been at work also in this place. Earl Grey on receipt of Sir Harry Smith's despatch in which he reported the defection of the Cape Corps and the finding of the court of inquiry, said, in his despatch, bearing date May 13th, that the intelligence of the defection had given him great concern and had created in his mind a very painful anxiety ; " there must be something in this unfortunate affair," he continued, " which I as yet very imperfectly understand ; the fact that this affair is not yet fully understood and that there must be some hidden cause for what has occurred, requires to be very carefully investigated." With reference to the opinion of the court, COLONISTS CALL FOR INQUIRY 359 " it is absolutely necessary," he said, " to ascertain what are chap. the causes, not of recent origin, of the unrest which has shewn itself among the rebellious Hottentots." Before this despatch reached the colony, the Governor also had decided that an inquiry was necessary. Accordingly on May 31st he proclaimed that a Commission of Inquiry consisting of Mr. Porter, the Attorney-General, Mr. Hope, the Auditor- General, Mr. Surtees, a Barrister- at-Law, and Mr. H. E. Rutherfoord, was constituted. For a time hostilities prevented these commissioners from proceeding to the frontier. But some weeks before either of these announcements was made, the colonists themselves had taken up the matter and were clamorous for investigation. Not only holding themselves guiltless of any of the injustice and oppression of the natives of which they were accused, but feeling that they themselves were the oppressed and sufferers, they gave expression to their views and demands at public meetings. Somerset East, on March ioth, demanded not only an inquiry into the cause of the rebellion but also an investigation into the conduct of the ministers of the Kat River Settlement who were suspected of preaching sermons of a political character, and of having been largely responsible for the state of affairs. Beaufort West, on the 12th in a memorial, prayed for an inquiry on the ground that endeavours had been made, by partial and false representations, to prejudice their case with that portion of the public who, being remote from the centre of action, were extremely liable to be misled by erroneous and plausible statements professedly founded upon the principles of justice and humanity. Grahamstown, on the 19th, demanded that the missionaries,who were believed to be leaving the colony, should be detained until the important evidence respecting theHotten- tot rebels, which they were in a position to give, be obtained. The Rev. H. Renton, who figured so prominently at this time, was on a short visit to South Africa for the purpose of inspecting and reporting upon the missions of the Glasgow Missionary Society. He was the minister of a congregation of the United Presbyterian Church at Kelso. Like others who have made hurried visits to South Africa, who have travelled rapidly through the country and then considered 360 ANGER AGAINST MR. RENTON chap, themselves competent to speak with authority on its conditions ' and troubles, Mr. Renton was at length prepared to leave and to enlighten the interested in his native land. The exception in his case, however, was that he had not travelled widely but had restricted himself to only a small part of the frontier and, for a part of the time, he had been compelled, much against his will, to reside in the Kat River Settlement. But there he had the advantage, or disadvantage, of the tuition of the Reads, senior and junior. Some of this tuition and material for his report was overheard by a Mr. John Green, who had fled from danger, was hiding in the loft of Mr. Read's house and listening to the conversations of the missionaries in the room below.1 Among other reasons for the anger of the colonists against Mr. Renton was that, with other missionaries, he had added his name to one-sided depositions of Hottentots taken before the magistrate, more especially those of Casper Olivier and the four Shiloh emissaries. The signatures may have been intended as nothing more than those of witnesses who guaranteed that the words of the depositions were those actually uttered. On the other hand, at a distance and among people who knew little or nothing of the circumstances, these signatures could only be taken as a guarantee that the statements were true. Another incident which gave great offence was Mr. Renton's statement that General Somerset had told him that unless he (the general) had arrived at Fort Armstrong when he did, the burghers would have massacred all the women and chil dren. The general denied having made this statement. With these feelings against him, Mr. Renton appeared in Grahamstown on April 3rd, on his way back to Scotland. On the 4th, though it was nothing to do with Mr. Renton, two Europeans, Ashley and Radford, were in charge of an ox-waggon and bringing it up the Queen's Road from Fort Brown to Grahamstown. They were ahead of the escort, without which no waggon at that time could with safety pass along that road. When they had reached the ten-mile stone, where the road is carved out of the rocky side of the moun- 1 Vide Green's Kat River Settlement. This book must be read with caution, as Mr. Green, having been despoiled of all his property by the Hottentots, uses vehement language against them and their missionaries. MR. RENTON DEFENDS HIMSELF 361 tain and where the heights on one side and the depths on the CHAP. other are covered with trees and bush, a volley was fired and four Hottentots emerged from the bush and pillaged the waggons. Ashley was killed instantly, while Radford lingered on for some hours. The arrival of the escort pre vented the loss of the oxen. The news of the affair and the dead bodies reached Grahamstown towards evening. The inhabitants were furious, and therefore in no frame of mind to welcome Mr. Renton, whom they regarded as the apologist for the Hottentots. His presence in the town was regarded as an insult, more especially when it was rumoured that he intended to occupy one of the pulpits on the forthcoming Sunday. He was staying at McKenzie's hotel,1 to which hostelry all eyes now were turned. Mr. McKenzie found an anonymous note on one of his tables, informing him that Renton was in his house and that unless he desired trouble he had better get rid of him. On the Saturday night, there was a torchlight and tar-barrel procession with banners or trans parencies proclaiming such sentiments as : " Renton the Traitor." " Extermination to the Rebels." " Renton, thou shalt not bear false witness." After burning Mr. Renton in effigy, the mob assembled outside the hotel, smashed some of the windows and called for the hated missionary to appear before them. Commandant Stubbs, who with some of his rangers did much to quell the riot, entered the hotel and persuaded Mr. Renton to promise to attend a public meeting and give some explanation of his actions. This he did on condition that his safety was guaranteed. On April ioth, a public meeting was held in the Court House. The place was packed to suffocation. As advocated by the chairman and in view of possible hostile action on the part of distant unsympathisers, the meeting was most restrained and orderly. Mr. Renton was present. But as he had not been furnished with any definite allegations against himself, he was at a loss to know what to tell the meeting. He assured them that he lamented and condemned the rebellion of the Hottentots as much as any man ; not only had he not countenanced it, but he had done all in his power to oppose it. He showed that he went to Philipton 1 Now Webb's Goodwood Hotel in Bathurst Street. 362 MR. RENTON RETURNS TO SCOTLAND CHAP, from the Chumie against his will as all other roads were ' closed to him, and for the same reason he had to remain an unwilling prisoner in the Kat River Settlement. He thus answered the accusation that he had remained among and sympathised with the rebels when he might have escaped. He had been cut off from all communication with the colony and it was only when he reached Fort Hare, that he dis covered he had been calumniated in the Grahamstown Journal (by correspondence, not by the Editor). And when he arrived in Grahamstown, he was surprised to find himself an object of suspicion. He resented the treatment he had received and did not hold himself or his actions accountable to the inhabitants of that place. He said nothing about his signing the Hottentot depositions and the probable use he would make of them in Scotland. To learn something about these was really the chief object of the meeting. The Hon. W. Cock, in a somewhat lengthy reply, said : " It was the misrepresentations in the Mother Country, which have emanated principally from the friends of the London Missionary Society, that this community has most to com plain of. It is to their misrepresentations that we have to attribute all our troubles — their injudicious meddling having done most serious injury to the colony." After the meeting a string of forty questions in writing was sent to Mr. Renton, he took no notice of them, but continued his journey to Cape Town, where at a soiree he had a more sympathetic hearing. In due course he arrived in Scotland. Perhaps some idea of the impression he created in his native land may be gauged by an article in the Kelso Chronicle. " These Grahamstown gentry," it is said, " are alarmed at the idea of a cessation of hostilities. They thrive on the ruin of others, and seem to be supported by a soldiery as despicable and immoral as themselves. War and extermination are the means by which they hope to eke out a miserable fortune, hence the wild outcry against Mr. Renton. Firing on a mission station would be looked upon as quite harmless and the butcheries of a Capt. Tylden would be congenial to their own ferocious nature. When the deeds of Godlontonian treachery are laid bare, Mr. Renton will be found as spotless in character as he has shown himself resolute in action." END OF THE KAT RIVER SETTLEMENT 363 After the breaking up of the missionary station of Philip- CHAP. ton and the dispersion of all the people, General Somerset considered, and said, that the Hottentot rebellion was at an end. But not yet. Many Hottentots had gone into Kreli's country, in the Transkeian territories, while others were among the Ciskeian tribes and prepared to assist them in the struggle which so far had only just commenced. The lands in the Kat River Settlement occupied or owned by those who had rebelled were forfeited. They were sought after by those, most probably Europeans, who were eager to purchase them ; though on what grounds they could have expected or hoped to get transfer is not clear. In fact, by a Government Notice, dated March 19th, 1852, all doubt on the question must have been dispelled, as, even in the cases of those who had not rebelled, it was stated that grantees of land in that settlement were required to obtain the consent of the Government before they could sell, and that this permission would not be given. In the cases of rebels, the lands were no longer in their possession. But previously to this, Earl Grey, in a despatch, dated September 15th, 185 1, expressed other intentions in connection with these Kat River lands. There was trouble, as there always had been, in the Orange River Sovereignty. The majority of the inhabitants were not disposed to support the authority of the British Resident, Major Warden ; the British Government therefore contemplated withdrawing the troops and abandoning the country. As this might create a want of protection and other unhappy circumstances for those who remained loyal to the Crown, it was suggested that the fertile lands of the Kat River territory should afford provision for such. It was not clear, however, whether only the lands forfeited by rebels were to be used for this purpose or whether the whole of the Settle ment was to be confiscated. In the latter case, manifest injustice would be done, as many of the Hottentots were not only innocent of rebellion, but had fought long and bravely on the side of the Government. In any case, the Kat River Settlement, as originally established, came to an end. And with it there came to an end the life of the man who had, for better or for worse, worked in it since the beginning. The Rev. James Read, senior, died on May 8th, 1851. 364 BIBLIOGRAPHY CHAP. Authorities and Books to be Read in Connection with this Chapter. VIII. The volumes of Governor's despatches and enclosures in despatches, in the Cape Town Archives. Narrative of the Kaffir War of 1850-51, by Godlonton and Irving. The Kat River Settlement in 1851, by John Green. Letters on the Kat River Settlement, by Rev. J. Read, junior. Published in book form by the " Commercial Advertiser." The Trial of Andries Botha for High Treason, 1852. Light and Shade. Substance of a speech by Sir Andries Stockenstrom, delivered before the first meeting of Parliament in 1854. Blue Books on the Kaffir War of 1850-53. The voluminous correspondence in the " Commercial Advertiser," " Cape Monitor," and " Grahamstown Journal." CHAPTER IX CONTINUATION OF THE WAR IN 1 85 1 WHILE all this conflict with the Hottentots was in progress CHAP. the Kaffirs, besides taking some share in it, were, as has been indicated, very active on their own account. They were com mencing the longest and with regard to the area concerned, the most extensive war which had yet been inflicted upon the colony. Experience gained in recent wars, a more abundant supply of guns and ammunition and, to them, the advantage of association with those better trained in the use of fire arms, namely the rebel Hottentots of the C.M.R., made them a more formidable enemy. As the months passed on the situation became increasingly difficult in consequence of other tribes, the Tambookies, the Gcalekas and, though somewhat indirectly, the Basutos of Moshesh becoming in volved. All this, in conjunction with the absence of the farming community of the Eastern Province from their homes, either in defensive laagers or on commando, further political trouble in the Sovereignty and the Fairbairn-Stockenstrom agitation in connection with the New Constitution, made the year 185 1 as unhappy as any the colony had yet seen. The struggle with the Kaffirs was of the usual kind, typical bush warfare of the most desultory character. Seldom was the enemy caught in the open. Often after the troops had performed very long and fatiguing marches, Kaffirs had to be followed into mountain fastnesses, necessi tating the scaling of almost inaccessible heights and then only to find that the enemy had decamped and, in full view, but out of gunshot, was holding some other position attainable only with difficulty. The only really effective tactics it was possible to adopt against him were to burn his huts and kraals, to drive off his cattle — more probably those he had stolen from someone else — and to destroy his corn and other 365 366 ESCORTING CONVOYS CHAP, food — in short, to devastate his country. The depots of ' supplies for the forces operating in Kaffirland were at King William's Town and Fort Hare. To the former there was fairly easy access. Cargoes could be landed at the Buffalo mouth (East London) and thence there was a good road of forty miles to King William's Town along which the laden waggons, besides being guarded by their own escort, had the protection of the loyal chiefs Pato, Toise and Siwani. To Fort Hare it was a different matter. For that place, supplies had to be landed at Port Elizabeth and then carried via Grahams town and Fort Beaufort, a distance of about 130 miles. And then there was the further disadvantage of having to pass through parts such as the Ecca Pass (Queen's Road), Koonap Heights and the like, where the enemy was on the watch for convoys and where, unfortunately, they were too often successful in seizing oxen and waggons and killing some of those in charge of them. Although Fort Hare was only about forty miles from King William's Town, all possible routes were through the enemy's country which was, comparatively speaking, thickly populated. In recognition of the danger incurred in conveying supplies through these parts from King William's Town to, even, Fort White — only about twenty miles distant — escorts of several hundreds of men were necessary. It was of the utmost importance that the Kaffirland military posts should be maintained — any abandonment of them meant a general inrush of the natives into the colony. Even as it was, a gradual invasion did take place and, for a time, the Kaffirs were almost masters of the situation. By the end of January, Forts White and Cox had been beleaguered for nearly six weeks, so that at this time the men were on short commons and with but a very limited supply of ammunition. At daybreak on the 30th of that month, therefore, the first of the supply expeditions left King William's Town. It consisted of fourteen heavily-laden ox-waggons, escorted by a force of no less than two thousand two hundred men, consisting of the 73rd regiment, Hottentot levies and Fingoes with a six- pounder gun, all under the command of Col. Mackinnon. Their way lay over the open Debe flats ; but at some distance on their right, there was a range of high hills covered with ACTING ON THE OFFENSIVE 367 bush and forest. As was expected, from these, vast hordes of CHAP. natives poured forth and commenced a rush towards the waggons, perhaps anticipating the same success as had been achieved when, not far from this place, the men of the 45th had been cut to pieces on the previous Christmas Day. But now the six-pounder was brought into action and two shells having dropped among them, their venturesome spirit was damped and the onward rush was stayed. Without further molestation from the enemy who moved in a direction parallel to that taken by the line of waggons, but at a safe distance, Fort White was reached in the afternoon. When the supplies for that place had been off-loaded, the journey to Fort Cox, some eight miles distant, was continued. Arrived in that dangerous vicinity, they saw vastly reinforced numbers of Kaffirs endeavouring to hem them in — as they had done on a previous occasion. But again the six-pounder cleared the way and in due course, the empty waggons with their huge escort returned to King William's Town. The second of these expeditions was on a still larger scale and met with rougher treatment. On this occasion there were 13 ox- waggons and 24 mule-waggons, with an escort of 2,500 men and two six-pounders. They left King William's Town on March 5th, got through to the two forts without interruption and delivered the supplies. At Fort Cox, how ever, there were unmistakable indications that the return journey would be disputed. Myriads of natives were seen to be assembling on the adjacent hills. All went well until the convoy came to a road — or that which passed for such — which went through a densely-bushy part, a place most favourable to the Kaffir mode of warfare. Here an attack was attempted. Col. Mackinnon, however, so disposed his long lines of men that the enemy being kept at bay, the waggons passed through to an open space beyond. Then detaching two companies of the 6th regiment and a troop of the C.M.R. to take them on to Fort White, he turned with the remainder of his force and acted on the offensive. A large body of Kaffirs had posted themselves in a strong position among rocks and bush while others harassed the rear of the force. The two guns having been placed in advantageous positions and a brisk fire opened, a charge was 368 A CHALLENGE ACCEPTED CHAP, made upon the rocky stronghold. A sharp engagement 1 lasting about an hour ensued. " The number seen to fall exceeded a hundred, besides those who were killed and wounded at a distance." The casualties on the side of the force were three men killed and two wounded. Col Mac kinnon then reformed his column, marched on to Fort White, where the three men were buried with military honours, and in due course arrived back at the headquarters in King William' s Town. As a commencement of the offensive opera tions in Kaffirland which were to consist of the systematic and continued patrols for the purpose of harassing the Kaffirs in their own country, attention was first turned to the chief Seyolo and his people. A wild and venturesome man, Seyolo was well fitted to further the schemes of Sandilli. He occupied the country to the immediate east of the Keiskamma river in the direction of Line Drift. He was therefore in a position to cut off all communications between the colony and King William's Town. The prophet, Umlanjeni, also had his place in this territory, a few miles below Line Drift. Seyolo was thirsting for war. On January 24th, he thrcvC down the gauntlet by sending ten armed messengers to King William's Town to bid defiance to the military force there. These messengers, afraid to go too near, shouted to the cattle-guards, words to the effect that Seyolo wanted to fight white men, not men of his own colour, but they (the white men) were afraid to come out. The challenge was immediately accepted, but not quite in accordance with the demands of Seyolo ; for a hundred men of the C.M.R. (chiefly Hottentots) and a hundred and fifty Fingoes under competent officers (who certainly were white) marched forth. This force was barely three miles from King William's Town when it was surrounded by six hundred of Seyolo's and Anta's men. A furious fight ensued. A message was sent back to headquarters asking for assistance. Col. Mackinnon with drafts of the 73rd regiment, C.M.R. and two battalions of the newly-joined Hottentot levies from the Western Province — and a magic six-pounder — went to the scene of battle. The enemy was soon routed. As this behaviour of Seyolo called for further action against him, it was decided to make the first punitive demon- EXPEDITIONS AGAINST SEYOLO 369 stration in his territory. On February 3rd, Lt.-Col. Napier CHAP. with a portion of a force of 2,000 men, deputed for this service, marched from King William's Town in the direction of Fort White, in order to intercept Seyolo, should he attempt to escape into the Gaika territory. The next day Col. Mac kinnon, with the remainder and two six-pounders, marched direct to Line Drift. There, both detachments met. It was hoped by this manoeuvre to surround Seyolo. But the wily chief was too clever for them. Probably by means of spies he had discovered what was intended ; in any case when the chagrined force arrived, he was gone with all his people and cattle, though a great many were seen in the far distance, where it was impossible to get into conflict with them. Umlanjeni, another prize which it was hoped to win, had also left his place. There was therefore nothing more to be done than to burn huts and destroy gardens. Eight hundred cattle were seized, but these, being found to belong to loyal chief Siwani, were returned. With no greater success than this, the patrol reached King William'sTown after a three days' march. Another attempt was made about three weeks later, when 2,100 men scoured Seyolo's country and went as far as the Igqibiga mission station, in the chief Stock's territory. But nothing was gained other than finding the country deserted. Expeditions of patrols, however, were by no means always as bloodless as these were. During this February, Col. Mackinnon, with a twofold object, extended his operations into the country of the Gaikas. A force of 2,750 men, with two guns, marched in the first place to Fort Hare in order to add to General Somerset's force — the first division — a necessary reinforcement of four hundred Euro peans. In consequence of the disaffection among the Hotten tots, it was felt to be expedient to keep those who were enrolled for military service as far as possible from their brethren who had revolted and especially from the vicinity of the Kat River. Doubtful advantage was to be gained by calling upon them to act against their own race. But in Kaffirland, it was thought, though mistakenly, that this employment of Hottentots would not be fraught with the same danger. Hence the large numbers serving with Col. Mackinnon's, the second, division. vol. v 24 2B 370 DISORDERS IN TAMBOOKIELAND CHAp. The march to Fort Hare was uneventful, beyond seeing ' large numbers of Kaffirs watching them at a distance and the now customary burning of huts and cattle kraals. Arrived there, Col. Mackinnon's column joined that of General Somerset and the combined force scoured the Chumie valley. But nothing much was effected there. The second division then commenced the return march to headquarters. On the way to Fort White, a detour was made in order to visit the haunts of Botman and the renowned cattle thief Tola — most difficult and dangerous fastnesses. Among the high rocks and in the deep kloofs, many hundreds of Gaikas were ensconced. They opened fire upon the invaders and then a furious action commenced. " After a spirited contest the Kaffirs were driven out of 'their lurking places at all parts and a considerable number were killed." But the contest was not at an end. On the force continuing the return march, the Kaffirs followed them almost as far as Fort White and kept up a desultory fire. At headquarters, Col. Mackinnon had to report his casualties as eight killed and seventeen wounded. During the six days, the force had marched a hundred and ten miles through the heart of the enemy's country. While General Somerset and Col. Mackinnon with their thousands of men were thus, during many months, harassing the southern regions, the vast north-eastern territory, known vaguely as Tambookieland, roughly the present districts of Queenstown, Colesberg, Steynsburg and Albert, were in a lawless and most unprotected state. The plunder of the farmers' cattle was extensive and continuous, the vastness of the country, the distances between the farm homesteads and the very small military or other protection which could be afforded encouraged the Tambookies to render the lives of all Europeans — or cattle-owners — most precarious. For the protection of life and property the Boers had to depend upon themselves or such assistance as could be obtained from Kama's Kaffirs, Fingoes and Hottentots of doubtful loyalty. When this war broke out the Boers, or the greater number of them, acted in concert and carried on their hostilities almost entirely independent of the military authorities in the south. The great leader of those Boers at that time was Gideon GIDEON JOUBERT'S COMMANDO 371 Joubert of Colesberg. He had been of great use to the CHAP. Government for many years ; he it was who was sent by IX- Governor Napier to Natal in connection with the return of the slaves which had been taken away by the Voortrekkers, and he was chosen by Sir Harry Smith to accompany him to that country when he made the memorable expedition of January and February of 1848. Early in January, 185 1, when Joubert saw that trouble was brewing, on his own authority and by force of his own personality, he mustered a commando of 350 Boers and others. He thus, indirectly, did much towards saving Whitde- sea ; for while the rebel Hottentots and Mapassa's people were attacking that place, Joubert's commando was drawing off the Tambookies by making raids on their people at a distance. On February 2nd, his commando came up with a very large party of Tambookies in possession of an immense number of cattle. A furious fight ensued. According to the account, 70 Tambookies were killed and 2,340 cattle were taken. Not a single Boer was harmed. The enemy was then chased for nine days when, on the nth, another furious fight took place and a hundred more Tambookies are said to have been killed and a further large number of cattle, the plunder of the Albert farmers, was obtained. On the side of the attacking party two loyal Hottentots and one Boer were killed. Until the fall of Shiloh the enemy had had matters practically all his own way. But after that event, the tables were turned. All, Boers, Fingoes, Kama's Kaffirs and some loyal Hottentots, without waiting for orders, authority or sanction from headquarters in far away King William's Town, acted on the offensive. On March 3rd, Major Tylden, the commander at Whittlesea, assembled a force in " the square " of that place. It consisted of 1 76 of Kama's Kaffirs, 200 Ox- Kraal Fingoes and 23 European volunteers. All the natives had white bands tied round their heads so as to distinguish them from enemy natives during a fight. At three o'clock on the morning of the 4th, the force set out in the direction of the Klaas Smit's river and was soon joined by a large commando of Colesberg burghers. After a march of some miles, the enemy in large numbers, both mounted and on foot, was descried holding a strong position on a mountain and 372 TAMBOOKIES RAIDING IN THE SOVEREIGNTY CHAP, shortly a further horde was observed to come from near its IX' base. All showed a disposition to stand and fight. They were attacked at four different points, both sides opened fire and soon the atmosphere was thick with the smoke from near two thousand muskets. A charge was made upon the position and the Tambookies were driven over the Klaas Smit's river, where, in their exposed position, eleven of them were shot. The force following the enemy, however, soon found it expedient to recross the river and retire, for the fugitives were soon joined by a great body of others who came to their assistance and further, it was all important that a narrow pass on the return march should be secured or the retreat to Whittlesea would be cut off. The retreat therefore was commenced. The Tambookies followed and a running fight was maintained. The narrow pass was gained by Kama's Kaffirs thus enabling the force to get through safely. But as it was dark and there was much firing the Fingoes became panic stricken and threatened confusion. The Cradock volunteers, however, placed themselves between them and the enemy and maintained some order. With some difficulty Whittlesea was reached after twenty-three hours' marching and fighting. The casualties were five killed and six wounded. On the side of the enemy, forty-three dead bodies were counted, but the total number killed was not known. The Tambookies did not limit their enterprises to the colony. In 185 1, we find them on the other side of the Orange river in the southern part of the Sovereignty. There also they were raiding farms and adding to the troubles which the Sovereignty Boers were suffering at the hands of the Basutos. In February, Mr. Vowe, the magistrate of Smith- field endeavoured to capture a band of these plunderers, but finding them too strong for all the force he could muster, he appealed to Major Warden at Bloemfontein. In response to this, 1 50 of the 45th regiment, with two six-pounders under the command of Major Donovan were sent. These, joined by a number of Boers and Griquas under Adam Kok, attacked some hundreds of Tambookies who had made their stronghold in a mountain called Hanglip. The fight lasted ten hours. It resulted in seventy of the enemy being killed, A VISIT TO MOROSI 373 the capture of two hundred cattle and the loss on the side of CHAP. the assailants of two English, two Boers and two Griquas. Scarcely was this affair ended, when Major Warden was implored to cross the Orange River and to bring his force into the colony. Mr. Bertram, the missionary at a station in the Wittebergen, wrote, on February 4th, saying that the place was surrounded by seven hundred Tambookies. Also Mr. E. M. Cole, the civil commissioner at Burghersdorp, and, at this time, a commandant of burghers, sought the assistance of the troops. Although Major Warden must have known that he was acting ultra vires, he acceded to the request. Two days (some say three) were spent in getting the men and two guns across the Orange River and a camp was formed near the mission station. Adam Kok would not permit his Griquas to cross for fear it might be used as a precedent for calling his people into the colony for military service at some future date. To make matters on those North Eastern parts worse, a petty Basuto chief, Morosi, a dependant of Moshesh, had taken up a position with a large number of followers on a mountain in what was known as the Government Native Reserve. His attitude towards the colony was something more than suspicious. There was little doubt that he was accessory to the Tambookie thefts and certainly no doubt that he had refused to pay the hut tax to which all were liable who dwelt in that Reserve and that he had incited his followers to do likewise. To determine therefore, whether Morosi was to be regarded as friend or foe, Mr. Cole decided to visit him. Assuming an air of confidence, in him, but at the same time taking precautions against possible treachery, Mr. Cole with 78 Boers, 40 English and a few Hottentots, in all about 140 men, marched from Sterk Spruit on February 22nd. When about a mile and a half from Morosi's mountain, the force halted at a spot near the bank of the river. At the same time a com mando of 400 Fingoes and 40 of a Hottentot levy under Mr. James Ayliff were sent round to the back of the mountain. Mr. Cole sent a messenger to Morosi asking him to go to see him. Morosi declined on the ground that he feared the Tambookies and that it was a time of war ; but he suggested that Mr. Cole should go to him. The burgher patrol, 374 VICTORY AND DEFEAT OF THE TAMBOOKIES CHAP, trusting in the good faith of Morosi and resting in supposed IX' security, suddenly discovered themselves being entrapped on one side by hundreds of natives who were pouring out from unsuspected kloofs, and on the other side by the river. The force fled firing at the enemy as best they could. This firing, fortunately, was heard at Major Donovan's camp. The 45th, with the two guns, immediately went to the rescue, when some shells distributed among the oncoming hordes caused them to pause and then retreat. Nine of the English and eight Fingoes were killed, and sixteen Fingoes were wounded. Mr. Ayliff's commando suffered even worse. As soon as they showed themselves they were routed with great slaughter. On the whole, all this was a victory which elated the Tambookies and errant Basutos. Morosi having thus settled the question as to whether he was friend or foe, now openly joined the Tambookies in all their villainies. On March 28th, a combined horde of a thousand strong, attacked a Fingo village, which was situated near the mission station. They killed six and wounded five and drove off all the cattle. Some of the Fingo women managed to escape and take the news to Major Donovan's camp. And from that place messengers were sent to the camp of the Boers about two miles distant. All turned out immediately and soon were in full pursuit of the enemy. They were caught with the spoil, after they had proceeded about three miles. The two guns, as usual, routed them and they were chased for about fifteen miles. All the cattle were recaptured and, it is said, two hundred of the natives were killed without a single casualty among those who attacked them. When Sir Harry Smith heard of these affairs, he con sidered that Major Warden had imposed upon himself a very great responsibility in thus interfering in the matters of the colony. He expressed his disapproval in no uncertain terms and ordered the immediate return of the 45th to Bloemfontein. Thus that vast country, Tambookieland, was left to such feeble protection as could be afforded by its own scattered inhabitants, who would have been so greatly relieved by the assistance of one tenth of the military force which was operating in the south under Somerset and Mackinnon. On the other hand, the great disparity between EXPEDITION AGAINST THE TAMBOOKIES 375 the numbers of natives killed in the engagements as com- CHAP. pared with the number of Europeans, shows that when once in the field, the latter could hold their own against them — even in flight. The increased daring of the Tambookies, which became so evident towards the end of March, called for all the com bination and energy which could be exercised by the farmers and more peaceable natives to stem the tide of robbery and incendiarism. Both on the side of these and on that of the enemy preparations for a great struggle were in progress. Early in April, eight hundred volunteers from the districts of Cradock and Albert were concentrated by the respective civil commissioners, Messrs. Gilfillan and Cole, at a place called Andries Nek. An express was sent to Capt. Tylden at Whittlesea, asking for his co-operation. On the ioth of April, he set out with a body of about four hundred of Kama's Kaffirs and Fingoes and thus, with the others, a commando of about twelve hundred men was formed. The 45th with their two six-pounders were conspicuous by their absence. The other side was no less active. A new character now appears upon the stage, but one who was no novice on this kind of stage and one who was well versed in the appropriate acting, namely, the Gcaleka chief Kreli. The object of the expedition was, if possible, to come to a final settlement of matters with Mapassa. The force marched forward and, on the nth, a camp was formed at a drift on the Klaas Smits river, near the Wesleyan mission station of Lesseyton, not far from the present site of Queenstown. This station was found in a ruined condi tion, its broken furniture, bits of school books in Kaffir and other things which had been used in the attempted better ment of the natives were scattered about the place. The force then moved southward to the Imvani river, a small tributary of the Zwart Kei. There the camp was pitched in what was felt to be the enemy's country. At sunrise on the 14th, it became clear that the desire for a strenuous fight with the natives would be gratified, for a force of the enemy, estimated at four thousand strong was to be seen assembling on the tops of the rugged mountains of the part. About a thousand men, in two divisions, marched forward 376 THE ATTITUDE OF KRELI CHAP, to the attack, the remainder being left in charge of the camp. ' They toiled up the mountains, climbing in places so steep that each had to help the other in some of the ascents. But all, so far, was in vain, for though they pursued the natives from height to height, they could not get near them. Then was tried the usual ruse of retiring and pretending to retreat, whereby the enemy might be drawn into the open plain. The plan succeeded. A combined charge was made upon them, which dispersed them in all directions. Pursuit of the fugitives followed in which those who were guarding the camp and could not be restrained, joined. The fight lasted until dark. The casualties on the part of the enemy were considerable for their dead bodies were found lying about in all directions on the hills. We are told that a few days afterwards, 216 were counted. On the side of the attacking party, not one was killed and only two were wounded. It was plainly a case of gun versus assegai. Beyond having killed a number of hostile natives, it cannot be said that much was gained in this fight, no treaty of peace of any kind was made with Mapassa and there is no reason to believe that the Tambookies had been taught the error of their ways or had been induced in any measure to mend them. But what was of value was the demonstra tion of the attitude of the crafty Kreli towards the colony. Great numbers of his people were among the fugitives and Kreli himself is said to have been seen. By this act it was clear that he had thrown in his lot with the war party although he was at such pains to appear to the Government as a friend. This behaviour of Kreli determined the Governor to take severe measures against him. But not yet, in due course his turn was to come. He however, said to him, in a letter from King William's Town, dated April 24th : " Chief Kreli ! What is this I hear of you ? that you have fallen, that after having sent me the dun ox of peace, you have joined the enemies of the Queen and fought in person against Her Majesty's subjects, engaged in putting down Her enemies and that twenty of your leading men and many others have been killed. Now Kreli, I had ordered a powerful commando to march to-morrow, the 25th inst., under myself ; but your KRELI'S EXCUSE 377 friend Conway begs me to delay. Kreli ! your time will CHAP. come. Look to yourself or I will go and look at you. The friendly desire of your people alone restrains me for the present." The reference to Conway, in the above, was in connection with a correspondence which had taken place between the Governor and a trader of that name living in Kreli's country. He seems to have had some influence with Kreli and to have been well acquainted with all that was taking place in his country. Conway counselled against any hostile action against Kreli. He considered that should any such be then commenced, a great many who were not disposed to fight would then be compelled to do so, and, further, Kreli himself was showing some disposition for peace. The threat of the commando on the part of the Governor was a piece of pure bluff. For in writing to Earl Grey, he pointed out that with the inadequate forces at his command and the demands upon their services in nearer Kaffirland, it would have been almost impossible to have taken, so far away from his base, the large number which would have been necessary in any punitive expedition against Kreli. In the meantime, there fore, it was convenient to accept and consider sincere a sort of apology for, or an explanation of, his conduct in Tambookieland. He never wished, he said, to join the hostile party, and added that he was only anxious for peace and that when he heard that some of his people had taken the field against the Boers who were approaching his country and fighting the Tambookie tribe of Mapassa, he at once proceeded in person to bring them back. This, said Sir Harry Smith to Earl Grey, was quite in accordance with the charac ter of the Kaffir for subtlety and cunning. The worthlessness of Kreli's excuse or defence and the hollowness of his professed amity were not lost upon the Governor. It was well known that he was harbouring many of the rebel Hottentots of the Kat River and that, if he had not actually aided and abetted them in their robberies on the trading stations and in their interference with the trans port waggons, he certainly had not taken any steps to prevent them from committing their atrocities or punishing them for their evil deeds. On March 20th, a party of thirty 378 ACTIVE HOSTILITY OF KRELI CHAP, of these Hottentots attacked the trading station of a Mr. Crouch, situated about six miles from Butterworth. In about twenty minutes the work of pillage and destruction left but little plunder for Kreli's men, who came afterwards and completed the ruin. In another case, not only were the goods taken from the shop, but the trader and his wife were stripped naked and their clothes taken away. A trader's waggon in making its way from the Kei to Butterworth was seized and the three Englishmen in charge of it were killed. For this, however, Kreli's people alone were responsible. If there had been nothing more than all this against Kreli, it might have been possible to plead, in extenuation of his conduct, a passive inability to control his people. But Kreli was active. At this time, he was endeavouring to egg on to hostilities the loyal Gqunukwebi chief, Pato, and the wavering Umhala of the Ndhlambis. " Why," he asked, " are Umhala and Pato sitting still while Sandilli and the Tambookies are being destroyed by the English without a cause ? " He sent three of his chief councillors to interview these two chiefs and to induce them to take up arms against the Government. They did not meet with much success. Umhala with characteristic Kaffir diplomacy answered that he was sick and could not give an answer, but referred them to Pato. So often it has happened that a Kaffir chief was afflicted with a convenient sickness when called upon to commit himself in some difficult situation such as this. In Umhala's case it was euphemistic for sitting on the fence until he saw it safe to join in with the more powerful party. With Pato, it was very different. The message to him, accord ing to Pato himself, was : "I, Kreli, the great chief of the Amaxosa, order you, Pato and the Amagqunukwebi, also all the Amandhlambi, to rise and assist Sandilli. Do you not see that the English are destroying his people ? yet Sandilli has committed no sin." This message Pato declined to receive until he had assembled all his Amapakati and great men in order that they also might hear it and an answer in the name of the tribe be returned. After two days, the people met when the messengers were sent into a house at some distance so that they might not hear the discussion. When admitted to the Assembly, they gave what they purported to PATOS LOYAL REPLY 379 be a history of the war since the deposition of Sandilli and chap. made their appeal on his behalf. The answer, apparently given by the councillors, was : " This is the last message Kreli must send to the Gqunukwebi ; our chief is ill, but even if he were well, our word is peace. Pato has sworn to be faithful to the Government and he will remain so." Pato, in his report to Col. Maclean, remarked that, in the history which the messengers gave, they made no reference to the massacres of the military villages, or the Hottentot rebellion. " I, Pato," he said, " will never listen to any words from the mouth of a black chief. I will never leave the English unless they drive me from them. I sent to Kreli to say, that if he does drive the English into the sea, I will go into the sea with them. Tell Smith, I have given my people particular orders to take more care of the East London road." Sir Harry Smith, on receipt of this, thanked Pato for his loyal expressions and assured him that the Great Queen of England would do likewise. British Kaffraria, during these four or five months, was being continually patrolled by large commandos. As the enemy could never be brought to open battle, the only warfare possible was that of repeated hostile inroads into his country, of destroying his habitations and supplies of food, of seizing his cattle and keeping him in continued fear of attack. It was a course as inglorious as it was wearing. " No war fare," said Sir Harry Smith, " requires so much activity, long marches, individual as well as collective gallantry, a knowledge of the country and cheerfulness under fatigue as that of savage warfare, especially in a mountainous country. The savage assembles with peculiar rapidity and disperses equally so, the character of such war demands continued and well commanded patrols." It were useless to describe in detail, and no less tedious to read, the accounts of the different expeditions which were made at this time. Suffice it to say, that Col. Mackinnon, in conjunction with Col. Eyre and a force of usually about two thousand men, consisting of regular Hottentots, levies and Fingoes, operated, for the most part, in the mountainous regions of Keiskamma Hoek, the Buffalo Poorts and Amatola mountains, again demon strating to the Kaffirs that their high and rugged fastnesses 380 REINFORCEMENTS FROM ENGLAND CHAP, were not inaccessible to British soldiery. Between April 8th and May 16th, four such expeditions were made in these difficult parts, every place being searched for the enemy and his cattle. Always, some natives were killed, but how many it was always difficult to estimate in consequence of the bushy nature of the country and, as usual, only a few of the assail ants were wounded. In the country of the chiefs, Seyolo, Stock, Sonto, Tola and Botman, more to the west of King William' sTown, Major EardleyWilmot, with about a thousand men, pursued his course of devastation, acting simultaneously with Col. Mackinnon so as to keep engaged the attention of the people of the above chiefs while the operations in the Amatola mountains proceeded. And, for a time at least, General Somerset with a force consisting entirely of levies and Fingoes was acting against rebel Hottentots and Kaffirs under the chief Maqomo in the Kat River mountains, extend ing from those above Philipton to the Didima mountain. Taking into consideration all this in conjunction with the Tambookie trouble, the suspicious attitudes of Kreli and the Basuto chief Moshesh, it will be seen that by June, the war had become more and more serious and demanded all the energy of a greater number of troops than were then engaged. The total force of all kinds in the colony on May ist, 1851, was 9,809. Of this number, 3,593 were regular soldiers, 919 of whom were required for Cape Town, Natal and the Queen's Fort at Bloemfontein. Thus, 2,674 were left f°r service on the Frontier. The remaining 6,216 were irregular forces, made up of Hottentots, chiefly from the Western Province, Fingoes and Burghers. Of the last, there was only the small number of 450. The news of the massacre of the military villages must have impressed Earl Grey with the seriousness of the situation at the Cape and induced him to lose no time in strengthening the military establishment. Very soon drafts of the 6th, 45th, 73rd and 91st regiments, in all, eleven officers and 296 rank and file, were dispatched from England and arrived in Table Bay on April 25th. They were sent on immediately to East London. These were followed very shortly by 24 officers and 602 rank and file of the 74th regiment, under the command of the ill-fated Lt.-Col Fordyce. They arrived in Table NO ASSISTANCE FROM THE ZULUS 381 Bay, in the Vulcan, on May nth. By October 16th, the chap. total of regulars had risen to 7,689 made up by Royal Artillery, IX" Royal Engineers, the 2nd, 6th, 12th, 45th, 60th rifles, 73rd, 74th, 91st and C.M.R. At the end of December by the addition of the 12th foot and 43rd, the number of regular soldiers reached 8,660. The Zulu force which had been asked for by Sir Harry Smith at the beginning of the war, and which the Lieut.- Governor of Natal had promised, did not materialise. Undoubtedly, it was as well it did not. Mr. Shepstone who was to have been in command saw the danger of such a move. He felt that the Zulus would drive and follow the Gaikas into neutral and friendly parts and then themselves become a worse scourge than the enemy they came to conquer. The Rev. J. Gladwin, the Wesleyan missionary at Butterworth, a man whose opinion and judgment were greatly valued by the Governor, advised strongly against it. He said the procedure had been tried in the last war, but with disastrous results. The Zulus got only as far as Clarkebury. There they mur dered twenty-nine innocent people, took all the cattle and then returned to their own country. Moved by these con siderations the Governor ordered the disbandment of the Zulus already assembled and, on account of the expense so far incurred, sanctioned the payment of £2,000 from the Imperial Chest to the Lieut.-Governor of Natal. A worse disappointment than the failure of assistance from the Zulus was the apparent refusal of the expected support from the Eastern Province burghers. The pro clamation of martial law and the calling out of the inhabi tants, on December 25th, had been of little effect. Hence, on February 3rd, the Governor in consequence of the apathy which had been manifested, proclaimed that all able-bodied men between the ages of 18 and 55 were to enrol themselves and be prepared to do their share in the defence of the country. Curiously, he did not threaten any penalties for disobedience under this martial law, but merely deplored the want of public spirit which had been shown and pointed out that unless they responded willingly, the horrors which must overtake them would be upon their own heads. " Where are the many," he asked, " who so gallantiy fought with me 382 APATHY OF DUTCH BURGHERS CHAP, in 1835 ? Where are the van Wyks, the Greylings, the Nels, IX' the Rademeyers and Rynevelds ? " The spirit he sought, however, was not quite dead. There was still some of the old stock left, as was evident in the actions which had already taken place. A field commandant, P. Kruger, with forty of his field cornets and burghers of Somerset, who had been in the fight at Fort Armstrong and were still in the field, felt that the Governor ought to have been more rigorous in this matter and thought it right to tell him so. They sent a memorial to him dated from Fort Hare on March 26th, asking that, as the burghers would not enrol unless they were threatened with punishment, the Governor would call them out under the old commando law, when there was no option but to obey. The Governor in thanking them for their earnestness and co-operation (April nth) said there were so many conflicting opinions regarding the calling out of the burghers that he could not look for better results in adopting their suggestion. The old commando law there fore was not re-enforced. The apathy or perhaps opposition on the part of the Dutch burghers to go forward was believed to be due, in some considerable measure, to an underhand influence which was not entirely disconnected with the political feeling of the time. In January, just after the commencement of the war, one hundred and twenty gentlemen of Port Elizabeth signed and addressed a letter to Sir Andries Stockenstrom asking him to take the leadership of the burghers as he had done in the former war. He did not respond to the call. In fact, he could not have done so, as his health was so bad that he was unable, at this time, to make the voyage to England in connection with the new Constitution, much less could he then have endured, even for a week the hardships of the field in a Kaffir war. When it was known shortly afterwards that this address had been sent by Sir Andries to the Secretary of State, conveying the idea that it was a unanimous feeling in Port Elizabeth and to make it appear that he possessed the confidence of all the frontier colonists, sixty-six of the signa tories, perceiving that it was a political move, asked to have their names withdrawn. They desired " hereby most un equivocally to disclaim any political object whatever in INFLUENCE OF SIR A. STOCKENSTROM 383 signing that paper." As Sir Andries possessed considerable CHAP. influence with the Dutch farmers, they said, " it was believed that his patriotism would have induced him to use that power for good, but in this they had been disappointed." Sir Harry Smith's opinion, as expressed to Earl Grey, was that Sir Andries had fallen so low in the public estimation that this Port Elizabeth address was merely a ruse on the part of some of his friends to persuade the Secretary of State that he still enjoyed his aforetime popularity. If one might judge from the voting for members of the new Parliament, he did to a large extent. As an example of the baronet's influence, one du Toit who had been endeavouring to persuade burghers to enrol said that he felt that if they had been left to themselves and not dissuaded by some disaffected people, they would have done so ; further that Sir Andries had told one David Naude (an elder of the church) that the inhabitants were not obliged to proceed to the interior to defend the frontier when called upon. Mr. Montagu in replying to the Governor on February 27th said : " The information you gave me respecting the effect Sir Andries Stockenstrom's proceedings have had on the district does not surprise me, all that you tell me he has said and the effect produced by expressing those opinions tallies with what I have heard from many other quarters. I fear that he has done much harm and has been the cause of many persons otherwise well-disposed not coming forward to assist their country in the present emergency." On March 12th, 1851, a numerously signed address was sent from Port Elizabeth to the Governor. " We have seen with much surprise," it said, " an assertion made by Sir Andries Stockenstrom, in a certain letter addressed by him to the Secretary of State for the Colonies, purporting that the inhabitants of this town had, by an address in January last, unanimously called upon him to come forward to their aid. We feel it incumbent upon us hereby to disavow any participation in that address. We regret to be compelled to acknowledge that we did not share in that unbounded confidence in the patriotism of Sir Andries Stockenstrom which has been alleged by our fellow townsmen who signed the address, and we cordially agree with the majority of them 384 SOME GOOD WORK BY BURGHERS CHAP, in deprecating the unintended and unwarrantable use to which the document has been perverted. We further take this opportunity to express our strongest reprehension of those acts and writings emanating from Sir Andries Stocken strom and his party, tending to sow dissension in our colonial community and to palliate disaffection and rebellion at a time when the political existence of the colony depends upon unanimity of feeling and unmistakable loyalty." In view of the limited burgher assistance which was rendered by the East, an appeal was made to the men of the West. On March 17th, a proclamation was issued calling for the service of 300 men to enrol as a mounted force for six months. Each was to provide his own horse, saddle and bridle, gun and powder horn and warm and sufficient clothing. For the hire of these things, so to speak, an allowance of £23 was made. And the pay was one shilling and three pence per diem with rations for man and forage for horse. The magis trates of the different districts seem to have had but little difficulty in raising the required number. In justice to the Eastern Province burghers, it should be said that though they did not muster at King William's Town and Fort Hare in the numbers which were desired, yet very many nevertheless had done, and were doing, good work in other parts. The repulse of Hermanus and the defence of Fort Beaufort was the work of burghers and Fingoes ; the attack on Fort Armstrong was entirely a burgher action ; General Somerset acknowledged that the whole colony was indebted to the conduct of these burghers ; Stubbs' Rangers of Grahamstown were continually out on patrol and in Lower Albany and Bathurst the farmers were almost always away from their homes, doing what they could to keep those parts — not always successfully — clear of the enemy. The Board of Defence in Grahamstown, in answer to the Governor's complaint, said that the burghers of the Frontier have been quite unable to protect their own property, which has been carried off to the extent of several thousands of pounds, and therefore could not afford Your Excellency that personal co-operation in the field which seemed so desirable and which was so urgently prayed for. As has been indicated, the Hottentot rebellion in the Kat THEOPOLIS 385 River Settlement was only the beginning of things. The CHAP. infection from that place spread far and wide. In Lower Albany, about twenty-five miles from Grahamstown there was the London Society's Hottentot Mission station of Theopolis. x It was situated in one of the most beautiful parts of Albany and at no great distance from the sea. The valuable and productive farm it had become at this time shows what opportunities its Hottentot occupants lost in the early days in consequence of their want of enterprise and their idleness. In 1851, it was at its lowest ebb and, as a mission station, about to disappear altogether. It then consisted of two dilapidated houses, the church and the mission house and a number of the usual squalid dried-mud houses and some Kaffir huts, occupied by Fingoes. In all about seventy families lived there. They were under no supervision but were left to manage or mismanage, the place themselves. The Rev. Mr. Smit of Grahamstown visited them occasionally, but as in the case of the Kat River Settlement in the early days, there was no magistrate, justice of the peace or anyone exercising judicial authority. The few mealies which they grew and the milk from their cows sufficed to maintain them in a condition almost independent of labour outside the settlement. Early in the year, disquieting rumours concern ing the attitude of these Hottentots were afloat. The farmers in the vicinity looked upon the place with suspicion and throughout the district there was a feeling of uneasiness in connection with it as well as a vague consciousness that there was going on some treasonable communication between that place and the Kat River. In January, it became known that a Hottentot named Lynx, in Grahamstown, had written a letter of a supposed seditious character to one Kievet Piquer, a Hottentot of Theopolis. Under ordinary circumstances the letter might have commanded little attention, but in view of the general suspicion against the Eastern Province Hottentots, it was thought of sufficient importance to base a reason for action. The letter conveyed the idea that the present war was merely between the " settlers " and the Kaffirs. Lynx had read the newspapers, he said, and had seen in them nothing about 1 For the early history of this place, vide Vol. I of this work, page 283. VOL. V 25 2C 386 HOTTENTOT REVOLT AT THEOPOLIS CHAP, the Queen, but he had seen that the Hottentots were to be TV ' called out as levies to fight the Kaffirs on behalf of the " settlers " ; the people of Theopolis, therefore, were advised, on their own account, to accumulate guns, powder and lead. When this became known to the authorities, commandant Walter Currie was sent with a hundred picked burghers to disarm the Theopolis people. He arrived there on January 26th and ordered all to appear before him. But only the Fingoes and a few Hottentots did so, the greater number fled to the bush. The houses of these were searched when only nine guns were found. After events proved that there were very many more than these in their possession. Five Hottentot ringleaders were captured and lodged in the gaol at Grahamstown ; among them were Lynx and Piquer. For some months after this, little was heard of Theopolis ; though there can be no doubt that during that time, prepara tions for the final revolt were proceeding. At dawn on the morning of May 31st, field cornet W. Gray, living at the small village of Southwell, situated about a mile or so from Theopolis, was taken by surprise by a naked Fingo rushing up to his house, and in a state of great panic, shouting : " Master ! Master ! we are being killed by the Hottentots." When able to speak more con nectedly, he said he was awakened by the firing of guns and going out to see what was happening, saw parties of Hotten tots standing at the entrances to the huts and shooting the terrified inmates as they emerged. " I saw my father, brother and another man killed and then I ran for my life." In this manner, nine helpless and unarmed Fingoes were murdered. Mr. Gray went a short distance towards Theo polis and saw the Hottentots hurriedly abandoning the place, taking with them their waggons, wives and children. They went to a place called the Gorah or Karraa,1 situated be tween the Kareiga and Bushman's rivers. The Karraa is a grassy, open space about three quarters of a mile in each direction, surrounded by thick bush of some considerable depth. Two paths led out of it in opposite directions. It was a secluded spot, well adapted for the camping or hiding of banditti. Field Cornet Gray, without loss of time, sent the 1 Karraa is said to be a Hottentot word which describes such a place. FIGHT WITH HOTTENTOTS 387 startling information to Grahamstown. Immediately, com- C}*£P mandant Stubbs with thirty of his Rangers and a hundred Fingoes left that place for Southwell where they were joined by Mr. Gray and others, some from Oliphant's Hoek and others from the Kowie. Fortunately, on that day, May 31st, the 74th regiment arrived in Grahamstown, and further fortunately, General Somerset also arrived for the purpose of making the necessary arrangement for sending them on to Fort Hare. In view of the serious state of affairs at Theopolis, they were detained and almost before they had had any time to rest after their weary march from Port Elizabeth, two companies were on their way to Lower Albany to co-operate with commandant Stubbs. The Hottentots in their hurried departure from Theopolis left behind all their grain and then finding the necessity of saving all they could, they returned with eleven waggons ; these were loaded and were on the return journey to the camp when Stubbs' party came upon them. Neither the soldiers nor the Fingoes seem to have arrived at that part so that the Rangers had the ensuing action all to themselves. The Hottentots, about seventy in number and well armed, finding they were being pursued, abandoned the waggons and took refuge in a rocky kloof near the Kareiga river. Firing opened on both sides and was kept up for about two hours. Mr. Stubbs tells us : "I saw J. Woest being carried away by some Dutchmen, he had received a bullet through his knee ; shortly after E. Dell came up to me and said he had ' got one,' in his body, it was however, only a slight wound. W. Gray was next. He was shot in the stomach and was being carried out by two men, when he received another shot which killed him then and there. Then 1 saw my brother lying upon the ground on his back with his face covered with his hat ; he had received a shot which completely shattered his right arm. Three others also were wounded." As it was getting late and as his men were falling in this manner and further, having received no assistance from the soldiery, Stubbs commenced his return to Grahamstown. His force captured eight of the waggons with their loads. One of these was of great service in the transport of the wounded. By this time, the Theopolis Hottentots had been joined by a number of 388 THE END OF THEOPOLIS CHAP, deserters from the C.M.R. One of these deserters was Hans Brander, who, with his sword and papers of orders, assumed all the airs and importance of a Field-Marshal. He consti tuted himself leader of the Hottentots and second in command to " General " Uithaalder. General Somerset on receipt of the news of this disaster dispatched two more companies of the 74th to join those already in the part. These together with a detachment of the C.M.R., Stubbs' Rangers, burghers and Fingoes and some artillery with a six-pounder, made up a force of over six hundred. There would seem therefore to have been a bad time in store for these Hottentots. This expedition however, from the assailants' point of view, was not a great success. The object was to take the rebel camp by surprise at dawn of day. But the country through which they had to march was very difficult, there were bush, hills, and deep holes in the ground — obstacles which in daylight might have been in significant, but in a dark night march, such as these men had to perform, were sources of delay and danger. On this account, the forces got separated, one company of the 74th was completely lost in the bush and never found its way to the Karraa ; the Fingoes also, who took a bush route and were to have pounced out upon the enemy at a given signal, failed. And lastly, the rebels were not taken by surprise, some warning had been received and they were on the qui vive. The result was that when the force burst into the open space, a show of fight was made by some of the Hottentots, but practically all disappeared into the bush. The force then could only console itself by the capture of 632 head of cattle, a number of waggons and other proceeds of Hottentot plunder and the burning of all the huts. The march back to Grahamstown was then made when the 74th left for Fort Hare, where they were overdue. Theopolis as a mission station ceased to exist. In pursuance of Sir Harry Smith's tactics of giving the Kaffirs no rest and keeping them on the move by the con tinued fear of patrols and further, in pursuance of his conviction that the only means of bringing the war to an end was to seize their cattle and destroy all the grain and other food of the enemy, he ordered another clearance of A BIG AMATOLA SWEEP 389 the Amatola mountain forests and fastnesses. So many c^*-p; times in the course of these wars had attempts been made to drive the enemy completely out of these strongholds, that the operations were becoming easier in consequence of more intimate acquaintance with the parts, terribly exhausting to both man and horse as they always were. In June, a very comprehensive patrol or big push was made. As a pre liminary it was necessary to prevent the rebel Hottentots and Kaffirs in the colony from passing into the Amatola. To this end, on June 6th, two very large commandos under Col. Mackinnon and Major Wilmot, left King William's Town and worked down the bush country on both sides of the Keiskamma river from Fort Cox to Line Drift. The patrol lasted six days. But very few Kaffirs and no Hottentots were encountered. They evidently preferred to remain in the colony where there was more to steal. The only action was that between Col. Mackinnon's force and a small party of Kaffirs at the ruins of old Fort Wiltshire. The combined forces collected 280 cattle and then returned to headquarters. This preliminary effected, preparations for the big Amatola sweeps were made. By June 24th, four columns, consisting altogether of about two thousand men, were ready for the march. They were under the separate commands of General Somerset, Col. Mackinnon, Col. Eyre and Capt. Tylden with his mixed, though useful company from Whittlesea. All these were to enter the mountains at four different points and to converge to some point on the heights. For this mountain climbing, the men were encumbered with their rations, blankets, great coats, firelocks and sixty rounds of ammuni tion. Capt. King x tells us that this force of artillery, cavalry, infantry — regulars and irregulars — preceded by the band of the 74th Highlanders, marched out from Fort Hare on the morning of the 24th, to the inspiriting strains of the " Hieland Laddie." Their way was past the base of Sandilli's Kop 2 on the grassy undulating country in the direction of Middle Drift. The mountains were on their left. On the heights and ridges of these hundreds of Kaffirs were seen, evidently more than curious in the movements of 1 Vide Campaigning in Kaffirland, by Capt. W. R. King, of the 74th. * Vide Frontispiece. 390 THE CLEARANCE NOT COMPLETE CHAP, this military array. Before dawn on the 26th, as noiselessly as possible, the ascents of the mountains were commenced. At best, even with no load, it was an arduous undertaking. The way was up precipitous places and through thick bush and not altogether unmolested by the enemy above, as was evident from the bullets which flew about in different direc tions. The cavalry had to make long detours in order to avoid the more difficult places. Without going into the details of the operations of each division, it may be said that during four days the detached columns scoured much of the very difficult parts of these mountains, working from dawn of day until exhausted at night after twelve or fifteen hours' severe toil. As in all this Kaffir warfare, the difficulty was to get into open battle with the enemy. Except when an occasional charge could be made, a black head appearing momentarily from behind a rock or bush, or a big body of Kaffirs out of range on a distant height, was all that could be seen of the enemy. In this affair however, they seem to have shown more open fight. In one charge upon them, three Highlanders were killed outright, and one officer and nine men were wounded. In another, three men were killed and five Fingoes wounded. Dead Kaffirs were after wards found here and there and much blood spoor indicated that many a bullet had found a billet ; but the number of their casualties was always difficult to estimate. That this invasion drove numbers of Kaffirs from the Amatola, there can be no doubt, for many soon made their appearance in the colony ; some went to Umhala's country, while numbers were known to have joined Kreli on the other side of the Kei. At the same time there was little doubt that the clearance from those mountains was not complete. As a precaution, a great many of the cattle had been driven into Kreli's country where they were afterwards found. The forces however captured 2,200, but they were very poor and half starved. Poor cattle ! Never a word of commiseration is heard on behalf of the patient and innocent animals which between the actions of their thieves and their despoiled owners, were continually overdriven, half starved, or killed in the conflicts consequent upon their capture and recapture. Not a feeling of gratitude — or it is never expressed or KRELI 'AND SANDILLI REPENTANT 391 " mentioned in despatches" — to the willing oxen which, CHAP. having exerted the last ounce of their strength in pulling laden waggons, fall exhausted and are left to die by the wayside or in the bush. As the provisions and ammunition in the various divi sions were getting short and as there was no grass for the horses and the wounded were suffering badly, it was found expedient to leave matters as they were and to return to division headquarters. As a step towards the close of the war, all this was negligible. But this demonstration of such a large force in their supposed impregnable fastnesses had a good effect, though only transient, upon the great Kaffir chiefs. A great change appeared in the deportment of Kreli. The arrival in his country of so many refugees with their cattle from the Amatolas and the previous defeat at the Imvani caused him to pause and, for a time, to become contrite for his sins. He sought the Rev. P. F. Gladwin, the Wesleyan missionary, and expressed himself anxious to make his people pay for the damage which had been done to the trading stations and, in short, to follow implicitly the advice of that good man. Sir Harry Smith entirely approved of Mr. Gladwin's communications to Kreli. However, as will be seen in the sequel, Kreli's case needed something more drastic than mere wordy advice. Almost more important than the change in Kreli was that in Sandilli. He, the great instigator of all the trouble, sent two messengers to Pato to ask him to intercede for him to the Governor in order to obtain peace. Pato, with his usual caution, would not, until all his councillors were present, listen to the message. It was to the effect that as the soldiers had killed so many of his people and taken so much cattle, he now desired pardon and peace, in support of his own innocence in all these matters ; he authorised the messengers to say he had consented to his deposition as chief and that he had been compelled to kill the soldiers (in the Boomah Pass) as they went to where he was in refuge in the bush. Pato refused to intercede. " Suppose I do," he said, " and the Governor sends for Sandilli and he does not go, what will the Governor think of Pato ? " All 392 UMHALA TOO REPENTS ^HAP. the same, Pato did send the message to Sir Harry Smith. He approved of Pato's action and communicated with Sutu, Sandilli's mother, then the head of the tribe. He said he did not " know " Sandilli, who was a rebel and so were all those who were with him, that upon his head were all the blood which had been shed and all the devastation which had been brought upon the country. It was significant too, that at this time, Sandilli became dissatisfied with Umlanjeni. The predictions and promises of the great prophet, after six months of war, were not being realised. Sandilli even sug gested that Umlanjeni should be arrested and either killed or handed over to the Governor as an atonement for his sins., But the meeting at which this was to be discussed was prevented by the movements of the ubiquitous patrols. The wily and wavering Umhala too, who, a short time previously, had been compelled to give hostages for. his good behaviour, became a staunch supporter of the Government ; in token whereof he sent to King William's Town 120 head of Gaika cattle which had been sent to his country for safety. It is curious that Sir Harry Smith did not take advantage of this change of sentiment to found some basis of terms of peace. In all these Kaffir wars, termination of them was the determination of the chiefs — without consulting their people — to submit to British Rule. Here then were the three most powerful of them acknowledging, practically, that they were beaten and in a frame of mind wherein they would gladly have come to terms. Earl Grey in writing to Sir Harry Smith on this matter said, " I cannot too strongly express my opinion that you ought on no account to accept from the rebel tribes any imperfect submission and that you should not allow hostilities to be concluded by anything but their complete subjection and unconditional surrender. It is thus only that a real peace and not a short and hollow truce can be obtained." With this the Governor was in perfect agreement. However satisfactory the clearance of the Amatolas may have been and however completely the Kaffir chiefs had been overawed and humbled, the ruin which was being brought upon the colony was disastrous. Sir Harry Smith was quite mistaken when he assumed that the maintenance THE WAR SPREADS. TO THE WEST 393 of the Kaffirland forts and military posts would save the CHAP. frontierfrom invasion. Driven from his fastnesses, the enemy was too often able to evade the patrols and, taking advantage of the vastness of the country, its bushy and mountainous character, to cross the border. The affairs of the colony had gone from bad to worse. Kaffirs, in hundreds, poured in and were joined by the rebel Hottentots. The numbers of these at this time were augmented by those who, having so far remained faithful in their service, now deserted and threw in their lot with their evil brethren. All became increasingly desperate and daring. Remaining cattle and sheep were stolen in open day and the abandoned homesteads were burnt. Every farm on the immediate frontier was desolate. The enemy took advantage of this, by extending the area of the war more to the west, thus the towns of Somerset East, Fort Beaufort and Grahamstown practically became out posts. On July 1 6th, General Somerset reported that the Kaffirs had established themselves in the Kroomie mountains — in the vicinity of the present towns of Adelaide and Bedford. They were also in the wild regions of the Koonap river and before long they were in Lower Albany as far west as the Bushman's river. It was reported that in six weeks of June and July the ravages in the Winterberg and North Eastern regions were to the extent of 5,000 cattle, 20,000 sheep and 300 horses and the burning of 200 farm houses. It was dangerous in the extreme for even large parties of Europeans to travel along any main road which passed through bush or by rocky cliffs or crags which could afford a hiding place for the enemy. In July, a party of men, some of them carriers of the post, others accompanying them for supposed safety, was travelling from Fort Beaufort to Grahamstown. When descending the Koonap Hill, they were fired upon from the bush and five of them were killed. About the same time, a convoy of fourteen waggons laden with bales of wool and ivory was on its way to Grahamstown from Cradock. There were nine men in charge. When about to descend the road to the Fish River, they were attacked by a large body of Kaffirs and Hottentots armed with guns and assegais. The Hottentot leaders and drivers fled. Ninety of the oxen were cut loose and driven off and in the ensuing 394 HOTTENTOT OUTRAGES CHAP, fight, G. Dyason, the son of the Bathurst magistrate, was ' killed. With the bales of wool and the waggons, a rude breastwork was formed which served as a protection until — a messenger having been sent on to Grahamstown — commandant Walter Currie with a party of burghers arrived and rescued men and waggons from their danger. In March, a party of twenty Hottentots who had escaped from the fight at Fort Armstrong set out on an expedition of pillage into the Zuurberg. Approaching the dangerous De Bruins Poort, they saw three men on horseback advancing ; they were Messrs. Castings, Trollip and Booth. Hiding in the bush until the three men were sufficiently near, the Hottentots fired a volley at them. Castings was killed on the spot. Booth was badly wounded in both arms. With the utmost difficulty and bleeding, almost to death, he managed to reach the farmhouse of Mr. Goldswain at Burnt Kraal, about seven miles from Grahamstown, where assist ance was rendered. Trollip managed to escape. As soon as the news reached Grahamstown, commandant Stubbs with his indefatigable rangers went in pursuit. But though they came upon their halting place which must have been only just abandoned, they did not secure the murderers. But about a month afterwards, three suspicious Hottentots were arrested in the George district. These turned out to be three of the right men, one Kievet Brander was the actual murderer of Castings. They were taken to Grahamstown and in due course were brought to trial, when Brander was sentenced to death. Without multiplying these cases unnecessarily, mention may again be made of the dangers of the Queen's road, ten miles from Grahamstown. The thickly bush-clad heights on one side and the deep valley on the other, made it a secure place from which rebels might murder escorts and rob waggons. It was haunted by a Hottentot named Jan Pockbaas, who seems to have led a charmed life. The many attempts to catch or shoot him failed. Eventually a reward of £50 was offered to anyone who would bring him in, dead or alive. But no one seems to have claimed it. In July, a party of six of the European Levy, marching from Fort Brown to Grahamstown, were passing the ten UITHAALDER'S APPROVAL 395 mile stone on this road, when they were fired upon from the CHAP. bush on their right, that is, from the valley. Three of them were hit, two were killed on the spot, while the third was badly wounded and lay until the next morning when a party of Stubbs' Rangers went to the spot. The two dead bodies were carried on an ammunition waggon through the main street in Grahamstown. The sight drove the spec tators to frenzy ; especially as in the crowd there was seen a Grahamstown Hottentot who was suspected of having being concerned in the deaths of the two men. This man lived in a hut on the outskirts of the town. A rush was made to this hut for the purpose of searching it. Three guns and a quantity of ammunition and lead were found. This led to a search in all the other huts. The search was well repaid, for there were found sixty-two guns, powder horns full of powder, bags containing bullets, melting ladles, bullet moulds and bayonets tied on to the end of rods. The huts were set on fire. The explosions which then took place showed that there was much powder hidden away which had not been found. The police and Stubbs' rangers had all their work to quell the disturbance. Shortly after this, there was a rumour that it was the intention of the Kaffirs and Hottentots to combine in an attack upon Grahamstown. All the men in the town, therefore, in obed ience to a call, paraded ostentatiously and in martial order on the flats above the town. It was however, merely a demon stration. It was believed that this show of strength would be sure to be noised abroad among the enemy who would thus be intimidated and would ensure the safety of Grahamstown. There could be no doubt that all these Hottentot outrages — if not by the express order — they certainly were with the approval of their great " general " Uithaalder. It was he who ordered into the Zuurberg the patrol which killed Castings. In his hope of combining the Hottentots in hostile array, he endeavoured to enlist the support of Adam Kok and his Griquas. But he met with a very emphatic refusal. Writing from the Amatolas on June nth he said, " We poor oppressed Hottentots have been oppressed for a considerable time by the unrighteous English settlers, 396 ADAM KOK'S REPLY TO UITHAALDER CHAP, who have petitioned the Government for a vagrant law, which tends to the oppression and complete ruin of the coloured and poor of this land — a land which we claim as our motherland." Then declaring that the war was against them because they were defending themselves against the enacting of such " unjust laws " he ended, " Beloved ! rise manfully and unanimously as a nation to engage your selves in this important work. We exclude the English Government, they have abstained from lending aid to the settlers." Adam Kok in reply (Aug. 27th) regretted the step Uithaalder had taken. " I have not the slightest sympathy with the rebellion of the Hottentots," he said. " Instead of regarding you as brave defenders of the Hotten tots, I cannot but consider you as the enemies of all the coloured people of South Africa. ... I am convinced you had no sufficient grounds to take up arms against your Government, you must not expect the least assistance from us, we consider ourselves injured by your rebellion. I recommend you to lay down your arms and seek forgiveness from your Government for the great evil you have done. I cannot forward your letter to Waterboer, I know his feelings are like mine." The terrible state of affairs on the frontier, more especially in the districts of Somerset and Albany, compelled the Board of Defence in Grahamstown — a body of prominent citizens organised.for the purpose of securing the safety of Grahamstown in particular and the district generally — to send a memorial dated July 19th to Sir Harry Smith. In a tone of mild remonstrance they conveyed the idea that the deplorable condition then obtaining, the enemy being in almost complete possession of the country, was due to the want of adequate protection which should have been afforded them. They emphasized the point that the in habitants on the immediate frontier had been barely able to protect themselves and their property and therefore could not have rendered the personal co-operation which had been asked for. They were of opinion that the time had arrived when every able-bodied man throughout the colony should be compelled by law to enrol himself in the common defence. GRAHAMSTOWN REPLIES TO THE GOVERNOR 397. The Governor, in reply, dated July 22nd, while sympathis- CHAP. ing with them in their distress and comforting them to the extent of telling them that Col. Eyre had been detached with a force from Kaffirland and ordered to Bathurst as head quarters, nevertheless told them that had all responded to his call in accordance with his proclamations of December 25th and February 3rd, the country would not have been in the state it then was ; that the time for all the able-bodied men to turn out had arrived seven months previously. He did not think the inhabitants of Grahamstown had done as much as they should, certainly not as much as had been the case in 1835. This brought forth from the Board of Relief a very long answer, dated August 22nd. They reiterated the causes which had prevented the frontier farmers from joining the forces in greater numbers and showed that they had no reason to be ashamed of what they had done at Forts Beaufort and Armstrong and in Tambookieland. They pointed out that had all gone into Kaffirland as desired and left their homes unprotected, the bloodshed and disaster would have been much worse, bad as it was ; so that in a large measure they had rendered good assistance by remaining and pro tecting the colony. They repudiated the charge that Grahamstown had not borne its share of the burden and they showed that the conditions then prevailing were very different from those in 1835. They could not conceal from His Excellency their opinion that in consequence of the internal defence of the frontier having been left to themselves and their Kaffir servants and Hottentots having deserted and gone into Kaffirland, there was little to prevent their cattle from forming the commissariat for the enemy and thus protracting the war. They saw with much satisfaction that His Excellency had at length sanctioned the issue of rations, which formerly he had refused, to the isolated camps and laagers in the colony. Sir Harry Smith, at this time, certainly realised that the wild parts of Albany and more especially the difficult and intricate fastnesses of the extensive Fish River bush de manded more of his attention. In August, Col. Eyre with half of the 73rd Regiment, a hundred cavalry and two 398 RENEWED DARING OF KAFFIRS CHAP, hundred Fingoes, were detached for service in those parts. During five days, a force of 900 men scoured the bush along the Fish River from Trompetter's drift to Committees. With the exception of burning huts, however, and driving Kaffirs from place to place, this party seems to have done little. But in September, Col. Eyre was withdrawn from his temporary headquarters at Bathurst and ordered to co-operate with Col. Mackinnon, who, with a force of 1,250 men, was to make a much greater demonstration in the Fish River bush. From the 7th to the 16th a terribly exhausting, continuous and, withal, dangerous duty was performed in the precipitous and densely wooded regions of Funah's Kloof up to Breakfast Vlei. There were thou sands of the enemy ensconced in those parts, who fought with all the bravery and determination which those wild parts must have inspired. Undoubtedly great numbers of them were killed. But the casualty list on the side of the troops was not small. Twenty-nine were killed, forty-one were wounded and a party of eight of the 6th Regiment were lost and never found. They were most certainly killed. All this was of little effect in bringing the war one step nearer to its end. In fact, at this time, the Kaffirs seemed to be showing renewed vigour and daring. And, as will yet be seen, Kreli was repenting of repenting. Maqomo, for the nonce, must have forsworn brandy, and have been enduring a bout of sobriety, for he was haunting the Kroomie and Waterkloof mountains and, in those almost inaccessible fastnesses, was marshalling his forces for both defence and offence. Hence it became necessary for the military authorities to direct the activities of the forces in that direction, all the more so as the robberies and murders in the surrounding districts were traceable to those parts. On the night of September 7th, a force of 653 men of the 74th Highlanders, C.M.R., and levies marched out of Fort Beaufort. At Septon Manor, Mr. Gilbert's ruined homestead, seven miles distant, they halted until two o'clock in the morning. Another seven miles' march brought them to the foot of the part of the Kroomie mountain, where it was decided to ascend. Up a steep and difficult ridge, called the Wolf's head, the long line PANIC OF FINGOES 399 gradually and laboriously wended its way. Not until mid- CHAP. day, when the sun was scorchingly hot, did they arrive at a large open space on the summit. This space was about two miles in each direction. It was clear of bush, though it was crossed by gentle ridges and valleys, but it was shut in by very dense bush — it was in fact a Karraa. In a large hollow, where there was a small stream of good water, the men were allowed to rest and prepare their food. Shortly after three o'clock the distant pickets shouted the alarm that hundreds of Kaffirs were approaching at a great rate from all directions. Instantly all flew to their arms and were so disposed as best to take advantage of the protecting ridges. Soon both sides were in a range when a furious fusillade commenced and lasted twenty-five minutes. Finally the Highlanders made a bayonet charge and the enemy disappeared into the bush. As usual, it was impossible to say how many of the Kaffirs were killed on the side of the forces ; not one European was injured, but three Fingoes were killed. As both ammunition and provisions were running short, it was decided to retreat by the path by which the ascent had been made. The enemy endeavoured to cut them off from this path, but was not successful. But they held the bush on both sides of the downward path and kept up a continual fire. When the force was about half-way down, the Fingoes who were in the rear became panic- stricken and rushed pell-mell on to the soldiers. The confusion was terrible. The Kaffirs took advantage of this and poured volleys into the disorganised mass. Fourteen were killed and fourteen were wounded. With the greatest difficulty the remainder of the descent was made, rendered none the easier by the burdens of the dead and wounded. In due course the march back to Fort Beaufort was com pleted. In spite of their proneness to panic, as in this instance, the Fingoes all through this long war behaved well. There was never any doubt concerning their loyalty and, more often than not, they were in the forefront of the battle and the first to receive hostile shock. In the case of the Hottentots, there was too often the uncertainty as to which side they would ally themselves, and, as has been shown, 4P0, ALARMING RUMOURS CHAP., there was the certainty that, in some cases at least, they would range themselves on the side of the enemy. In the case of the Western Province Hottentots, however, nothing on the ground of want of loyalty or devotion to duty could be urged. The worst that could be said of them was that they did not stay long enough, though they did as long as they had promised. In July, 1851, the six months for which they had enrolled themselves expired and their movement towards their homes began. This homeward trek continued until October, as there were eighteen hundred of them, and the vessels which took them round the coast could accommodate only a small number at one time. Then it was that when they reached the Western districts a most extra ordinary and violent panic arose among the Dutch farmers — a panic for which the returned Hottentots could hardly be held responsible. The most vague and alarming rumours originated from unknown sources and spread like a veld fire. They were to the effect that the returned Hottentots, and coloured people generally, had been infected with the rebellious spirit of the Kat River and were prepared to make a simultaneous attack on the Europeans, murder them and assume the ownership of the country for themselves. All this was to take place on the coming December the first. The only slight foundation on which this superstruc ture of romance and fear was based was the, perhaps ex cusable, behaviour of some of the returned soldiers, who, elated by their late prowess, released from the restraints of military discipline and often more or less completely intoxicated, talked largely on matters connected with the war, using expressions which the fearful construed as an inclination of the coloured people of the West to follow the example of their kith and kin in the East. Whatever the cause the panic was very real. The first rumours came from. Napier (Caledon district) on July 24th. They were to the effect that there was a spirit of disaffection among the Hottentots of the mission stations of Genadendal and Elim, that they were endeavouring to buy quantities of gunpowder, and that being refused they had used threatening language. In other parts, rumours and reports increased to exaggeration by travelling until very many A COMMISSION OF INQUIRY 40! thought that war was actually upon them. To Durban CHAP. (now Durbanville, near Cape Town) many families from distant farms fled for safety. One house was crammed with frightened women and children, while twenty-five men patrolled the land around it. At the place of one, Lochner in the Malmesbury district, about one hundred and fifty families congregated. And so in other places. All farmers went about armed and ready for any emergency, and coloured labourers were dismissed in the middle of their work and Europeans taken on at higher wages. In short there was complete stagnation in all harvest business. The chief propagator, if not the originator of much of the mischief, was a Mr. A. J. Louw, a prominent man and resident for over forty years in the Koeberg district ; he was withal its field cornet and justice of the peace. The rumours and alarms of supposed pending disaster seem so to have affected his mind that, after an investigation into these matters, doubts of his complete sanity were entertained. He collected all the idle rumours which were afloat and took no little trouble to disseminate them further. He sent out a circular letter dated October 24th, 1851, informing all of the supposed intention of the coloured people to exterminate the whites and reminding them of the unexpected rising of the slaves under Louis in 1 809 ; enjoined all to keep a watch on their places during the night and to deprive all coloured people of any arms they might possess ; he gave such a lurid account of the dreadful things which were to happen that it is scarcely surprising that those who received his letter shared in his terror. The increasing intensity of the excitement compelled the Government to authorise a Commission of Inquiry to go into the different districts to collect evidence. Apart from the immediate cause of the panic, it was felt to be important, in view of public confidence having been shaken by the Hottentot rebellion in the East, to know, if possible, what was the Hottentot mind. All the more so as there was reason to believe that the returned Hottentots had in some measure, while on the frontier, imbibed a feeling that the Kaffirs and Hottentots had been taught to consider themselves an oppressed race which was, in reality, the vol. v 26 2D 402 NO FOUNDATION FOR THE RUMOURS CHAP, inheritor of all the lands in the colony. The Commissioners ' of Inquiry were the Resident Magistrates of Cape Town, Simon's Town and Tulbagh. Before dealing further with this Commission it is neces sary to refer to what was taking place in the Legislative Council at this time. For many years, especially from the Eastern Province, there had been loud complaints of the evils arising from Hottentots squatting on Government and other lands. Left to congregate in idleness and under no supervision they were a scourge to honest and industrious farmers far and near. In order to remedy this state of things, Sir Harry Smith, in the new Legislative Council, proposed an Ordinance " For facilitating the removal of squatters from Government lands." But on account of the confusion which resulted on the resignation of the four unofficial members nothing could then be done. After the recon struction of the Council, a Bill to the above effect was intro duced and the second reading put down for November ioth. Petitions against it were sent in by the missionaries of the London Society, while others in favour of it were sent in by merchants and people in the Eastern Province. It was while this matter was thus pending that the Hottentots were returning from the East. As it was a matter of importance to discover whether the introduction of the Bill had any connection with the panic, the Council resolved itself into a Committee of Inquiry and authorised the Commission mentioned above to investigate in the disturbed areas. This Commission moved about the country during fifteen days. The sum total of the evidence which was collected was, that a panic of no ordinary description ex isted, especially in the districts of Koeberg and Malmesbury ; that there was no foundation whatever for any belief in a conspiracy on the part of the coloured people or any of the rumours which had so alarmed the farmers, it was all hear say founded on conjecture ; that the alarm had nothing to do with the Squatters Bill. It was curious that in the Koeberg and Malmesbury districts where the panic was worst, there were no squatters, while in Worcester and Tulbagh, where there were squatters, all had been and still were quiet. Very few of the farmers knew anything SQUATTERS BILL WITHDRAWN 403 about the Bill. The chief element of disturbance had been CHAP Louw's letter. His own evidence when examined was vague and contradictory in the extreme. According to Sir Harry Smith, on account of the action of the anti-Government party, the introduction of the Squatters Bill was contributory to the restlessness. That party was making capital out of the opposition to the Bill by getting farmers, who most likely had never heard of it, to go to Cape Town to sign against it. The whole attitude of the Europeans was misinterpreted by the coloured people. Knowing nothing about this Bill, they considered the object of the farmers in going to Cape Town was to sign away their independence and to make slaves of them, and observing the congregation of so many at different spots in Warlike array for no assignable reason, they themselves pre pared for self-defence ; hence many were seen going about with scythe blades attached to sticks and other weapons, and hence their desire to obtain gunpowder. The result of all this and the evidence which had been collected was the total withdrawal of the Bill. The reasons given for this course were, that though the proposal to introduce it had not in any way alarmed the people or originated the panic, yet there was such an alarming state of distrust between master and servant that no question connected with the relations of one to the other could safely be left open to discussion ; it was hoped to tranquillize the minds of both and to give no pretext to designing parties for continuing an agitation ; moreover, should the Government succeed in passing the Bill, it would surely be looked upon by the coloured people as oppression and by the agitators as a triumph. The Bill was therefore withdrawn, on December 19th. This, however, did not restore quietness and con fidence. The panic continued during January, 1852, especially in Riversdale. The Resident Magistrate of that place, in writing to the Secretary to Government on the situation, said that the panic was absolutely without cause ; that the coloured people had done nothing whatever to bring it about. He could not deny, however, that there was distrust and apprehension among them in regard to the supposed effect of the new Constitution. He believed 404 THE CAUSE 6P THE TROUBLE CHAP, that the prevalent opinion among the farmers was that a labouring man ought not to look to get higher than a labourer ; it had been notorious, he said, that many farmers had injudiciously begun to exult over the prospect of making their own laws, and boasted that they would establish vagrant laws and bring the coloured classes into the required subjection. It was these threats, he was of opinion, which had operated injuriously on the coloured people — this fear of repressive treatment which was to be expected from the coming Parliament — which accounted for the rising and the Hottentot disloyalty of the East. Matters in this con nection had quietened down and were becoming lost sight of when, under the aegis of the Cape Town Municipality and the organ of the democratic party opposed to the Legislature, agitators engineered farmer deputations to visit the metropolis and sign protests. The fears of the coloured people were thus re-awakened and they saw the Queen's protection being withdrawn from them. But they do not seem on this account to have given any ground for the panic. CHAPTER X THE year 1851 was drawing to a close, yet, far from there CHAP. being any indication of the war coming to an end, and in spite of the additional troops which had been poured into the country, the Kaffirs, probably in consequence of having been reinforced by increasing numbers of rebel Hottentots and their obtaining supplies of ammunition from sources unknown to the Government, had become more daring and were extending their enterprises over a larger area, north and east. In the colonial frontier districts robberies of cattle and horses were of daily occurrence and took place in broad daylight without fear of consequences. Stubbs' Rangers and other burghers, together with such of the regular force as could be spared were continually on the spoor, but more often without success as the districts were so large, the farms so isolated and withal both Kaffirs and Hottentots had become such expert thieves. Seyolo was no less intractable in spite of the continual patrols in his country, and the influence of Umlanjeni had recovered largely from the setback it had suffered and now was as great as ever. But the more serious and real fighting, that with less of " Smithfield market cattle driving " and more of actual conflict, was taking place in those dangerous and intricate fastnesses of the mountains of the Blinkwater, Waterkloof and Fuller's Hoek in the district of Fort Beaufort. That country, of about twenty square miles, on those high lands, was difficult and dangerous in the extreme. Intersected by almost impassable ravines of great depth, the sides of which were not sheer precipices, it was .clothed with forest trees and tangled undergrowth. These awesome regions offered every possible obstacle to ordinary military move ments while they favoured the baboon-like activity of the bushranging natives, giving them at once protection and 405 406 AN ARDUOUS MARCH CHAP, vantage points frdm which to attack their pursuers. Although punitive invasions into those preserves had been made with varying success, it had been found impossible to prevent them from being reoccupied by the despoilers of the country. But now, in October, 185 1, a much more comprehensive and thorough sweep of these mountains was determined upon ; Maqomo was to be expelled finally and without any possibility of return and farmers were no longer to fear the robberies and devastations which were so often traced to miscreants who were known to make these parts the refuge for themselves and their plunder. To effect this great end all the possible available force was requisitioned, even to the extent of withdrawing from the district of Albany the soldiery which was co-operating with the inhabitants for the protection of these parts. Two strong columns, one under the command of General Somerset and the other commanded by Lt.-Col. Fordyce, made a combined and lengthened attack on the mountain haunts of the enemy. The force under Col. Fordyce consisted of detachments of the 1 2th and 74th Regiments, 240 Fingoes, and some mounted burghers, in all 1,150 men. At two o'clock on the cold and dark morning of October 13th, with orders to occupy a position on the western range of the Kroomie mountain, this column marched down the silent street of Fort Beaufort. Passing by Gilbert's ruined home stead at Klu-Klu, they moved on to the Yellow Wood river, where they halted in the cold and drizzling rain until near midnight. Continuing the march, the foot of the dark and frowning Kroomie mountain was reached and then in the blackness of that night the difficult and dangerous ascent was commenced. The way up was very steep and, in conse quence of the rain, very slippery. Yet without mishap the top was reached, when they found themselves enveloped in the fog which then covered the mountain tops. Cautiously they moved over the flat country on those heights and encamped, without tents and, of course, without waggons, on the Waterkloof plain at half-past five on the morning of the 14th, there to await the arrival of General Somerset. General Somerset, with the 2nd Queen's, the C.M.R., and 290 of the 91st under Col. Michel, who had been ordered in A STRENUOUS DAY 407 from Albany, marched at three o'clock on the morning of CHAP. the 1 2th from Fort Hare. This force was encumbered by a long train of waggons and field-guns. It must have taken a long route, for we are told they marched via Buxton and the Blinkwater Hill.1 On reaching the more level country at the top of that hill, the General sent the waggons on to Post Retief and then, turning off to the left, formed his camp at Kaal Hoek. On the morning of the 14th he joined Col. Fordyce on the Waterkloof plain. There was not to be much respite after all this marching. Before long the clouds partly lifted when the enemy was seen in considerable numbers on a distant ridge. Firing on both sides commenced ; the field guns commenced to speak and the Fingoes were soon active in scouring the adjacent bush and burning all the huts they found. Detached parties of the regulars were sent in different directions, and thus commenced a very arduous day of chasing the enemy through forest and bush, scrambling up and down rocky eminences and killing Kaffirs and Hottentots as oppor tunity offered. After the men, including the marching, had been in action eighteen hours and that without food, orders were given to retire to a deserted farm belonging to a Mr. Mundell. The enemy viewing this as a retreat followed to attack. When they were fairly in the open, Lt. Carey, of the 74th, turned and charged into them. He killed many in scattering them. In fact this was the most whole sale bloodshed of the day. The force then retired to Mundell's. The casualties of the day were Capt. Addison, Lt. Norris of the 6th, and Ensign Rickards of the 91st mortally wounded, and one private of the 12th killed. Of the enemy many fell, as was evident afterwards when many dead bodies were found. On the 15th the forces remained resting in camp. Lt. Norris died during the night. The wounded were sent down the mountain and on to Post Retief, where a rough and ready and very comfortless hospital was formed. On the 1 6th the forces were again on the move and had 1 The route must have been via Woburn, Peffer's Kop, . Seymour (then Eland's Post), Hertzog, Fort Armstrong, Buxton, thence by the Fort Beaufort road as far as where it meets, on the right, the road which leads to the Blinkwater. 408 A BRIEF CESSATION CHAP, another very strenuous day. The enemy appeared in all " directions and seemed to pour from every dense thicket ; black heads were seen to bob up from behind rocks and even trees afforded them temporary vantage posts. Among these difficult parts they were continually chased, now down into deep and thickly-wooded ravines and then up acclivitous places, where the agile Kaffir with his small or no encum brance easily out-distanced the more heavily-laden soldier. It was difficult to estimate how many of the enemy fell, as there was so little open fighting. But eighteen dead bodies of those who had been killed on the 14th were found, and from the dreadful smell in other parts, it was evident that others were lying unburied. The casualties among the troops on this day were four killed and seven badly wounded. It were needless to give the details of the numerous actions which took place during this mountain visitation of seventeen days, they were all like those already mentioned. But, so far, the clearance of the Waterkloof had not been effected. The troops suffered much in consequence of the continual bad weather. Without tents or shelter of any kind and provided with only one blanket, which was always wet, the men were exposed to biting cold winds and torrents of rain which turned to sleet at night. For want of any dry spot they had to sleep on the sloping ground. Withal, there was a lack of food and, in spite of the rain, an insufficiency of drinking water. The total casualties during this time were two officers and twelve men killed and two officers and thirty-two men wounded. On October 31st, there was a cessation of hostilities when the troops were permitted, for a day or so, to go to Fort Beaufort to recruit and, what was equally necessary, to refit. In consequence of the rock climbing and the attention of the " Wacht-een-bietje " in scrabbling through the bush, their clothes were in a dreadful state ; red coats were patched with leather, canvas and bits of cloth of all colours ; stocking- less feet showed through tattered boots and some of the warriors seem to have been as trouserless as Highlanders. In this state, bearded and unwashed, they marched into Fort Beaufort on Sunday, November 2nd. This period of Col. Fordyce's Action in the Kroomie Mountains Mendelsohn Collection. Houses of Parliament, Cape Toion. THE GOVERNOR'S APPRECIATION 409 rest and refitting must have been of short duration, for on the CHAP. 5th, we find the different divisions of the force assembling at different points for further combined and simultaneous action. At half-past four on the morning of the 6th, the column under Col. Fordyce was ordered quietly, by word of mouth and without the blowing of bugles, to move across the flats to the head of the Waterkloof pass. In the thick mist the men marched off until further progress was arrested by a rocky height. Col. Fordyce, ever in the front where there was danger, was placing his men, four companies of the 74th and two of the 12th, on a bush-covered ridge, when the enemy, who was concealed in force in those parts, opened fire. The first to fall was the leader himself. Col. Fordyce was shot and died within fifteen minutes. Also Lt. Carey of the 74th, " fell pierced through the body at the head of his company and immediately afterwards Lt. Gordon of the 91st was mortally wounded. . . . One was cut down after another until maddened by the fall of their officers and comrades, the regiment rushed to the fatal barricade with such infuriated and irresistible determination as to clear all before them. We maintained the position until the troops were withdrawn in the afternoon." 1 For nearly three weeks more the hide-and-seek tactics continued in these mountains. And then only with the result that the enemy was not driven out, or if he had been, he was soon back again. There is yet more to be heard of the Waterkloof. The forces which had been acting in those parts were now required for the " big push " which was to be made into Kreli's country and to that end they were under orders to assemble at the Imvani on December 2nd. After an engagement of any kind, Sir Harry Smith, in the General Orders which he published always used most eulogistic — it might be said fulsome — language in his appreciation of the work of officers and men. He acted, so he told Earl Grey, on the principle that human nature renders even the soldier's intrepid heart sensible to the appreciation of his superiors, which he is proud to know may reach the eye of his parents and friends. So in the General Orders of October 31st, in connection with the 1 Campaigning in Kaffirland, by Capt. W. R. King, 74th Highlanders. 410 EARL GREY NOT IMPRESSED CHAP, affairs of the Waterkloof, he said it was with infinite satis- faction he recorded his opinion, that, in the long experience of his military life, he had never observed greater ability dis played in desultory warfare on the part of the General Com manding (General Somerset) or more conspicuous gallantry and enterprise on the part of the commanders of columns, officers, soldiers and irregular forces than in this mountain engagement. Earl Grey, however, was not impressed. Like the British taxpayer, he was becoming restive at the continuance of the war, which had now lasted a year and to which no end was yet in view. In his despatch of December 15th, 185 1, he lamented to find that not only was there no change for the better, but that the enemy was, day by day, becoming bolder. "It is some relief," he said, " to the anxiety which this intelligence is calculated to create, to find that you are so highly satisfied with the conduct of the officers and men under your orders, and that you regard the operations under Major-General Somerset on the 14th and 16th of October as having been attended with important success. I confess, that from that officer's own report, inclosed in your despatch, this is not the light in which I should have regarded these affairs ; the very serious amount of our losses, and the fact, that at the conclusion of the operations of the last day to which your intelligence reaches, it was the rear, not the van, of the British force which was engaged with the enemy, and that the latter must therefore have been the assailants, would appear to me scarcely to justify the tone of satisfaction with which you relate these occurrences." In answer to this, Sir Harry Smith, in his despatch of February 5th, 1852, said : " This Kaffir war is of the most completely guerilla and desultory nature, in which neither front, flank, nor rear is acknowledged, and where the disciplined few have to contend with the undisciplined, but most daring and intrepid many, in the midst of the holds and fastnesses of the latter. In such warfare you drive the enemy before you, it is true, but not in the spirit of strategy, observing front and rear. In no affair during this war have our troops returned to their camps and bivouacs without their rearguard being assailed, often most fiercely, by the enemy, although on no previous THE GOVERNOR'S REPLY 4X1 occasion, I admit, so ably as on the one in question. The CHAP. country in which the operations were carried on is far more difficult to ascend and penetrate than even the Amatolas ; hence the gallant and enterprising exertions of the troops became the more conspicuous, and called forth that expres sion of my satisfaction dictated by experience in war, which enables a commander to estimate justly the success he has obtained, and to commend as it deserves, the conduct of his officers and soldiers." In the different encounters from December 24th, 1850, until October 21st, 1 851, the insurgents had been defeated on forty different occasions ; 12 officers had been killed and 18 wounded, 195 soldiers had been killed and 364 wounded, making a total of 589 casualties on our side. As further difficulties which he claimed he had had to contend with were the apathy of the burghers in not cOming out to his assistance ; on which account the colonial frontier had been ravaged as he predicted it would be ; and " certain traitorous traders were endeavouring to supply the insurgents with munitions of war." The following extract from the London Times of August 14th, 1850, probably reflects the public opinion of England concerning the war and Sir Harry Smith's procedure. " In the first place, Sir Harry Smith, though he has met with no reverses, has not yet ventured upon any movement in advance and this circumstance will appear more forcibly significant if we recollect the measures he originally pro jected on taking the field. In December the Governor had every confidence in the prospect before him early in January. He had little doubt but that the next despatch would show an improvement in the aspect of affairs ; in February he mentioned the 1 5th of March as the day on which decisive operations might possibly be commenced and yet on most recent advices reported that up to the end of June he had made no change in his tactics or position. . . . We are far from insinuating that this inactive policy has been unwise or ill-considered ; on the contrary, we have no doubt that Sir Harry has exercised some judgment in his military proceedings, but it is impossible to avoid the conclusion that the work before him must have assumed an aspect more serious than was originally perceived. Sir Harry continues to 412 TRADING IN POWDER CHAP, maintain himself at King William's Town with no diversion X" beyond an occasional fray. If the Gaikas had had a reporter of their own, some of these affrays might have been presented in different colours. . . . The Colonists are thinking more about their Constitution than the war while the Colonial Minister is thinking more about the war than the Con stitution." With reference to the Governor's remark that certain traitorous traders were endeavouring to supply the enemy with the munitions of war, it should be said that there was a general suspicion that this was the case. In June, 185 1, the Governor received information that twelve to fourteen tons of gunpowder had been landed at Port Elizabeth which, there was reason to believe, was intended for traffic with the Kaffirs and rebel Hottentots. The civil commissioner of Port Elizabeth was instructed to make a searching inquiry. The result of this was his report that the importers were men of such respectability that there could be no question of the powder being used for improper purposes.1 On October 14th, over three hundred inhabitants of Grahamstown and the district signed and sent to the Governor a petition asking that the sale of gunpowder, percussion caps and cheap guns might be prohibited through out South Africa. The petitioners received for answer the assurance that a committee of the Legislative Council would be formed to inquire and report upon the subject. Most probably arising out of this, Ordinance No. 5 of 185 1 " for the regulation for one year of the trade in gunpowder and firearms " was published on November 22nd. Its provisions were most stringent and its penalties severe — seven years' imprisonment or a fine of £ 500 being enacted for breach of its commands.2 As Sir Harry Smith had taken every precaution in this connection, it must have been something of a shock to him to receive a despatch from Earl Grey, dated January 14th, 1852, saying that he (Grey) had heard that large shipments of 1 According to the report of the Chief Collector of Customs, between January 5th and June 12th, 1851, there had been imported into Port Elizabeth 123,050 lbs. of gunpowder, which with the quantity then in stock amounted to 138,925 lbs. ' As lead had not been included among the prohibited articles of trade in this Ordinance, Sir George Cathcart amended it by another. No. 7 of 1852, in which the omission was rectified. REPLY TO EARL GREY'S DESPATCH 413 gunpowder had been made from England to the Cape of CHAP. Good Hope and that he had heard with a degree of surprise, which he was at a loss to describe, that it was a matter of general notoriety and common conversation that there had been shipped coastwise, large quantities of gunpowder which could have been intended for no other purpose than to supply the Kaffirs ; in- particular he had heard that a hundred barrels of powder had been sent up the west coast to be landed at the mouth of the Orange River, whence with the utmost facility it could be conveyed to Kaffirland ; he was, he said, wholly unable to understand why a trade of this nature had been allowed to go on while the Governor had such legal power to stop it ; he desired an explanation why neither the Governor nor Mr. Montagu had informed him of it. In reply to this, Mr. Montagu, on March 3rd, 1852, endeavoured to disabuse the mind of the noble Lord by showing that he had been misinformed and that every step had been taken to prevent gunpowder getting into the hands of the enemy. He pointed out that the hundred barrels which were alleged to have been taken up the West Coast, had not even gone in that direction, but had been landed at Montevideo. With regard to transport from the Orange River mouth to Kaffirland, a better knowledge of the geo graphy of the country would show that absence of roads, desert country and lack of water would make such a journey almost impossible. As however, there might have been something in Earl Grey's surmise that a clandestine traffic in gunpowder was being carried on along the West Coast, it was decided to cause a proper and searching investigation to be made. To this end, in February, 185 1, Commander G. D. Keane in H.M. Sloop Grecian cruised along the coast as far as Walvish Bay and examined all places which were likely to be con cerned in the traffic. But no criminatory evidence was obtained. Again in April, shortly after the arrival of the new Governor, Sir George Cathcart, a customs officer, on board the Rhadamanthus , was sent to examine carefully all places as far as Espiegle Bay. Again nothing was found incriminating any trader in those parts. It was shown, how ever, that any quantity of powder could be landed direct .414 DISSATISFACTION OF EARL GREY CHAP, from England without the authorities knowing anything X' about it, though there was no evidence that such had been the case.1 So far then, there was nothing to account for the plentiful supplies of ammunition which seemed to be in the possession " of the enemy. It was fairly certain that traders had not supplied them during the war, but there could be little doubt that before its outbreak, both Kaffirs and Hottentots, in view of prospective war, had well supplied themselves from trading stations, and in some instances apparently farmers had paid their native servants in guns and ammunition.2 This then, was one of the many circumstances which was rendering the life and work of Sir Harry Smith so arduous and thankless. But this, together with the growing impatience and dis satisfaction of Earl Grey at the slow progress of the war in Kaffirland, the rebellion of the Hottentots and the inadequate force he had at his command were not the sum total of the anxieties which were almost overwhelming the Governor during this eventful 1851. There was yet to be added the turmoil and impending war in the country now known as the Orange Free State. Here again Earl Grey found reason for dissatisfaction with Sir Harry Smith's proceedings. He (Earl Grey) had reluctantly acquiesced in the annexation — or assumption of sovereignty — of that country3 on the under standing that the inhabitants themselves desired it and that by so doing peace and quietness would reign among factions which had long been contending with one another. The proclamation of February 3rd, 1 848, had not been productive of the happy results which had been anticipated. In the first place, Sir Harry Smith must have been mistaken in thinking that the majority of the Dutch of the Free State desired to come under British rule, 4 and in the second, nominal 1 For details of these expeditions, vide Blue Book of May 31st, 1853, pages 42-62. * Vide the Beaufort West case, evidence of William Hall, Dec. 4th, 1851, in Blue Book, May 31st, 1853, page 50. • Vide despatch Earl Grey to Sir Harry Smith. September 15th, 1851. * On December ioth, 1851, when these questions became matters of investigation, Martinus Hendrik Wessels, field commandant of Winburg, a man well disposed to the British Government, thus answered the following questions : " Is it your opinion that the majority of the people desire the ASSISTANT COMMISSIONERS SENT 415 British rule — for it was only nominal though very expensive—1- CHAP. was found to be no panacea for the mutual jealousies and bloodthirsty hatreds which existed among the different native tribes. Earl Grey, therefore, in a despatch, dated October 2 1 st, 1 85 1, told the Governor that the ultimate abandonment of that country was to be a settled point in Imperial policy. Undoubtedly realising the difficulties under which the Governor was labouring in being obliged to remain at the seat of war and at the same time to direct the civil Govern ment of the country, and further, being impressed by the necessity for an investigation into the causes of the Kaffir rising and the defection among the Hottentots, Earl Grey, on May 31st, appointed two gentlemen to go to the Cape as Assistant Commissioners " for settling and adjusting the affairs of the territories of South Africa." x They were Major W. Hogge, who had already been in the country and had some influence with the natives and Mr. Charles Mostyn Owen, who also knew the country and understood the Kaffir language.2 They arrived in East London in July. The most pressing South African matters which then called for their attention were those of the Sovereignty. Hence we find them arriving in Bloemfontein on Novem ber 27th, and commencing those labours which resulted in the birth of a new era in the history of that country. They were received with enthusiasm and presented with the in evitable address of welcome and a statement of grievances and causes of the disorganised state of the Sovereignty. British Government to be continued over them ? " Answer : " In my opinion they do not." " In the event of war in the Sovereignty would they turn out to assist ? " Answer : " I should be afraid to send a man among them to ask such a thing, for fear that he should be ill-treated; I have left my place as much in fear of the white men as the black." " Did you think that in 1848 the majority wished for British Rule to be extended over them ? " Answer : "I told the Governor that not above thirty men in my district desired it." " How many men could turn out in your district ? " Answer : " Five hundred. They reproach me and laugh at me for the losses I have incurred from my friendship to the Government. They say the Kaffirs are the masters and I may go and fight them if I like." 1 By a curious coincidence, it was on the same day. May 31st, when Sir Harry Smith at the Cape issued his proclamation authorising a Com mission of Inquiry for the same purpose. It was revoked on the arrival of the Commissioners. • For instructions to these two gentlemen, vide Vol. 1,343 0I des patches. Archives, Cape Town. 416 A STATEMENT OF GRIEVANCES CHAP. " In our opinion," they said, " the misfortunes which have befallen the Sovereignty are clearly attributable to our uncalled for interference in the quarrels of the numerous and powerful native tribes which surround us. Our attempt to control these tribes in their relations with one another might in our opinion be, under any circumstances, liable to question as a measure of sound policy. To make such an attempt and to assume towards these tribes an overbearing tone and threatening attitude, while we have scarcely a sufficiency of troops to protect the fort and town of Bloem fontein, we deem peculiarly impolitic and unfortunate . . . our Government cannot command a force sufficient either to put its threats into execution or protect its own subjects and allies. We would further beg to state that the servitude said to attach to the holding of land in the Sovereignty, in virtue of which farmers are called out to render personal aid in supporting the above mentioned system of military inter ference in the quarrels of the native tribes is extremely dis tasteful, inconvenient and harassing to the burghers. . . . This is the more peculiarly galling to him because he cannot comprehend or appreciate the motives which should induce the Government of so powerful a nation as Great Britain is represented to be, to call out farmers from their homes and lawful employment at such a sacrifice, on the occasion of every petty squabble among native tribes. . . . They further object to the state of the Law and Judicature as a century behind the intelligence and standing of the country." Judging from the names appended to this, the signatories appear to have been chiefly English. To elucidate this statement concerning the farmers having to abandon their own concerns in order to take part in petty native squabbles, it is necessary to glance generally at the state of affairs which had continued during some time previously. Moshesh, the most astute and crafty — perhaps it should be said, the most diplomatic — among the South African chiefs, ruled over the vast territory which then con stituted Basutoland. In words, he was a man of profound peace, but in his actions he was almost always at war with one or another of the tribes which lived in the adjoining territories. Even Briton and Boer were not to escape the MOLETSANI, THE EVIL GENIUS 417 misfortunes it was in the power of the Basutos to inflict. CHAP It was quite possible that Moshesh was ruled by his people who were little better than a community of thieves, and that he was the victim of their public opinion. He had not behind him that prestige of descent and tradition which attached to the great hereditary chiefs, such as Sandilli or Kreli. For his position and maintenance, therefore, he was dependent upon the good will and support of his people, and there being continual disturbances of the peace, Moshesh, whatever may have been his own pacific disposition, was practically always at war. Bordering on the west of Moshesh's country, there was a large territory occupied by the Baralong, a very large tribe under their chief Moroko. Moroko was a most exemplary character. On no occasion had the Government ever had any cause for dissatisfaction with him. The peaceable character of both himself and of his people was their undoing, for they were continually robbed by the Basuto and other tribes, especially by a tribe called the Bataung under a murdering and thieving rascal named Moletsani. Moroko had his own place at Thaba Nchu, about thirty miles from Bloemfontein, where descendants of the tribe still live. On the north of Basutoland, in the present district of Ficksburg in the Orange Free State, dwelt Sikonyela, the chief of the Batlokwa, a wild and lawless character, who for years had been no whit better than the worst of the others. He now found himself in continual danger from Moshesh and Molet sani and so decided upon a course of righteousness in order to secure the protection of the British Government. Moletsani, the chief of the Bataung, lived in a smaller territory adjoining Basutoland in the north west. He was the evil genius of the whole country. Enterprising, restless, fearless, regardless of human life, he possessed all those grand virtues which constitute the character of the successful robber and accom plished villain. Smaller fry such as Gert Taaibosch with his Korannas, a small horde of half castes under Carolus Baatjie, and some others under Gert Lynx need only be mentioned. It is not possible, in this place, to give an account of all the feuds, cattle liftings and bloody conflicts among these vol. v 27 2E 4i8 SIKONYELA'S ESCORT CHAP, tribes x ; the following, however, will give some idea of the X' state of things which went on continually in those parts and in which the Sovereignty people were expected to involve themselves. Going back no further than 1848, in February of that year, the Bataung (Moletsani's people) seized five hundred head of Sikonyela's cattle. In September, Sikonyela drove away some Basutos from their kraals and burnt their huts ; Molapo, the son of Moshesh, then burnt the Batlokwa huts, seized the cattle and killed several of the people. In one engagement, the Basutos killed the wife of Mota, Sikonyela's brother. Sikonyela then demanded war in order that he might kill one of Moshesh's daughters as a set-off for his brother's wife. On August 30th, 1851, the Bataung de stroyed the mission station of Umpukani, seized all the cattle and killed twenty of the people. And so this retaliation and counter-retaliation, often with much loss of life on both sides, would continue until the British Resident (Major Warden) with some of his soldiers and burghers visited the disturbed areas, and, perhaps, under the threat of the Governor sending a larger force from the colony, brought about a temporary peace and promise of mutual restoration of cattle. He would also convene meetings of the belligerent chiefs which all would attend except those most wanted. Moshesh, the man of peace, with plausible excuses studiously refrained from attending these meetings. Of matters of this kind, one of the most serious was that which took place in June, 185 1. In consequence of the increasing violence among the belligerent chiefs, Major Warden endeavoured to convene a meeting of them in Bloemfontein, but he was unsuccessful. Sikonyela was present. As, apparently, he was the aggrieved party and the object of hostility on the part of the Basuto and Bataung, he, with some eighty followers who were with him, were pro vided with an escort to conduct him from Bloemfontein to his own territory. At first sight the escort seemed inordinately large for such a purpose. It consisted of three officers and 159 regular soldiers, 120 burghers (out of the 350 who had 1 For a full and detailed account of all these, vide the three volumes of the Basutoland Records. A SHORT-LIVED VICTORY 419 been called out) and two six-pounders. Arrived at Thaba CHAP. Nchu, they were joined by seven hundred of the Baralong of Moroko. Marching thence to Platberg, a little to the south of the present Ladybrand, they were still further reinforced by the Bastards of that place and a number of Fingoes. At that place an open air meeting was held for the purpose of discussing the situation. Several of the chiefs were present, but Moshesh who was most wanted and for whom a messenger had been sent, refused to attend.1 After Major Warden had addressed them, the chiefs themselves were invited to speak. Moroko said he was a dead man on account of the robberies committed by the peoples of Moshesh and Moletsani ; his people were dying of hunger. All agreed that Moletsani was the pest of the country and asked for his expulsion. On the 29th (June), the large and motley force moved from Platberg and encamped, or squatted down, at the foot of a long table-topped mountain called Viervoet, about sixteen miles north north-west of the present town of Ladybrand. The enemy was seen to be in strong force on the lands on the mountain. Early in the morning of the 30th, under cover of the two six-pounders, a somewhat disorderly scramble up the heights was made, but it was quite successful, albeit there was furious fighting between the native forces. The enemy was driven entirely off the moun tain and some thousands of his cattle were captured. But not only this, the assailants plundered the numerous huts and, unfortunately for themselves, they found large quantities of inviting Kaffir beer. Flushed with their success so far and this means of celebrating the occasion being at hand, they regaled themselves and for the nonce forgot all their troubles. But this happiness was short lived. Three large 1 He afterwards, October 13th, sent a message to the Governor denying that he was an enemy of the Queen or her Government ; peace was ever dear to him. He said he was prepared to give any explanation the Resident required, but he protested doing so in the presence of the armed force which was collected at Platberg, as it was clear that he was to be intimidated and not given a fair hearing. In answer to Moshesh's avowal of peace and amity, the Governor told him that he regretted that in his recent conduct he should not have acted up to his amicable pro fessions — and assured him that it was well known throughout Kaffirland that weekly messages had passed between him and Kreli and Sandilli, and that by his advice they continued enemies of the Queen. 420 THREATENED WAR WlTti THE BASUTOS CHAP, commandos of Basuto, Bataung and Korannas under Gert Lynx were seen to be approaching the mountain. Whatever steps were taken or tactics employed to maintain their position, the advancing and overwhelming host seems to have found but little difficulty in regaining the heights. Terrific fighting and slaughter, which was confined to the natives, took place. In a short time, no less than 1 59 on the side of the Baralongs were killed, either by the assegai and knobkerrie or by being hurled or falling over the precipices. All the cattle were recaptured, in short, the tables were completely turned and the enemy were the ultimate victors. With the utmost diffi culty, the Europeans and surviving natives retreated down the mountain and fled, for that is really what it came to, to Thaba Nchu. There the troops were stationed for some time for the protection of the Baralong. This affair opened the eyes of Major Warden, which so far seemed to have been closed to the strength of the enemy. He estimated that there were ten thousand fighting men in Basutoland and adjacent territories. And now he became of opinion that the course which had been pursued by Moshesh during the previous six months had been such as plainly to warn the Government of the approach of an open rupture with the Basuto. It was therefore necessary to take stock of the situation and to calculate the difficulties and chances of success in such a conflict. Major Donovan, commanding the troops at the Queen's Fort, was greatly impressed by the situation. It would be no easy matter, he said, to attack the overwhelming number of Basutos and allies, reinforced as they would be by a great number of armed Tambookies, in a country parts of which were almost impenetrable and at such a distance from the Queen's Fort. He considered that the time to make an aggressive movement of this nature would be when Sir Harry Smith could spare a large force from Kaffirland. He (Donovan) lamented that the burghers of the Sovereignty were showing the same apathy in the defence of their country as were their brethren in the colony. Sir Harry Smith, when these matters were brought before him, regretted that " Moshesh whom I formerly respected, should have been led away by his restless sons. Moletsani is a mere savage, both must be taught that British authority MOSHESH PLAYING A DOUBLE GAME 421 is paramount." For the time, the Governor advocated the CHAP. keeping the Queen's Fort abundantly supplied and for the rest, unless matters became much worse, to remain on the defensive until he could visit the Sovereignty in force and demand recompense for the losses of Her Majesty's subjects by the enemy. Moshesh was undoubtedly playing a double game. While pretending to support the Government and to act in the interest of peace and good order, he was at the same time coquetting with the disaffected Boers and endeavouring to persuade them to refuse to take up arms on the side of the Government. It is strange that the Boers should have been willing to pay heed to the advice and importunities of a native chief, however great, yet it seems to have been so in this case. According to Major Warden, many of them made no secret of the fact that they preferred the rule of Moshesh to that of the British Government. To this, most probably, was due the many refusals to go on commando duty when called upon by Major Warden. All this conspired to make very unfortunate the lot of those who did go. They became people marked by the hostile natives ; they were continually despoiled of their cattle and horses while those who disobeyed the order of the Resident were immune from such attacks. A Kaffir who had been sent from Winburg to Mekuatling saw there in the possession of Moletsani some of his master's horses which had been stolen by natives. The messenger was told that if his master would come as a " Pretorius man " he would regain his horses, but not if he was a " Warden's man." Winburg and its districts suffered severely on account of the disunion among the Dutch. The greater number of the Boers of that part seem to have been " Warden's men " and to have supported the Government. The result was they suffered great loss and consequent privation. On July 31st, a petition signed by sixty-four persons asking for military protection was sent to the Governor. On three occasions they had been called out by Major Warden to take the field against Moshesh and Moletsani and had in consequence been robbed of 362 cattle and 100 horses, while those who refused had not lost a 422 UNHAPPY POSITION OF MR. BIDDULPH CHAP, single animal. On August 16th, Commandant Wessels X' wrote to the Governor from Winburg : " For the second time," he said, " I and my children have lost everything ; three months ago I requested the magistrate of Winburg to acquaint the British Resident with the unwillingness of the inhabitants ; their feelings I well knew and they have now confessed to me that they will not fight against the Basutos. Your Excellency now sees that my words have come true. I told Your Excellency when here on the ioth of September, 1848, that there were scarcely thirty who were for the Government, and that the well disposed to the Government were nearly ruined. Of this there is now proof and because I with my family proceeded against the Basutos, we are quite ruined. So also are Roelof van Rooyen, Jan Kock and Cornelius Villiers." In answer to this, Sir Harry Smith could only express his sympathy and promise to send assist ance as soon as the reinforcements, which he was expecting from England, arrived. This however, was poor consolation and did little to quieten the Winburg people. Mr. Biddulph, the magistrate of Winburg, was placed in a very unhappy situation. In spite of his official position, his sympathies were with the despoiled people and, apparently as openly as he dared, he spoke his mind to Major Warden. The occasion of the following letter was that sixty burghers of Winburg had responded to the call of duty and were ready to go forward when, on August 3rd, Major Warden wrote to say that the intended operations against Moletsani were frustrated by the refusal of so many of the Bloemfontein burghers to turn out. " Notwithstanding the sympathy and regret," wrote Mr. Biddulph on August 7th, " which you express at this unavoidable change of plan, I am sorry to apprise you that its announcement has caused the greatest consternation and dismay, not only to the inhabitants of the town and neighbourhood, but also to the burghers assembled on commando. These loyal men of Winburg have thrice responded to your call, and in fact may be said to have been under arms for two months, and they and their families have been ever since the indecisive action with the enemy on the 30th of June (Viervoet) in the greatest state of alarm, exposed as they have been within three hours of AN ILLEGAL MEETING 423 an exasperated savage enemy, and they now express in CHAP. undisguised language their astonishment and indignation that their lives and properties should be placed in such imminent peril." Mr. Biddulph then dwelt on the anger of the burghers at troops having been left at Thaba Nchu for the protection of the Baralong while they, in an equally perilous plight, were neglected. Winburg was practically in a state of siege. Those living at a distance, encamped in the village and for six weeks, a nightly guard was kept. " In addition to their losses, the commandant, field cornets and all the well-disposed burghers are daily subjected to the most rancorous abuse from their disaffected countrymen. . . . Finding the excitement increasing and amounting to personal invective against a powerless magistrate, I thought it the best step to hold a public meeting for the purpose of consider ing what was to be done for the preservation of life and property. . . . The meeting resulted in the unanimous determination that ' seeing the Government could not support them in their hour of need, there was no other course left than to take the matter into their own hands and en deavour to open a conciliatory negotiation with the chief Moletsani.'" This meeting was held on August 6th. Major Warden on hearing about this, issued a memorandum to the Winburg burghers telling them that their action was illegal being nothing more or less than an attempt to overthrow British Authority in the Sovereignty ; he entirely condemned the course pursued by them. To Mr. Biddulph himself, he regretted that not only did he not protest against the meeting, but he actually presided. And Sir Harry Smith described Mr. Biddulph's action as one of the most extraordinary procedures of an officer of the Crown, which had ever come under his notice. Major Warden was no more popular in Bloemfontein, than he was in Winburg. In that place also a public meeting hostile to him was held. One cause of dissatisfaction was that in order to save the remnant of the cattle belonging to the people of Moroko, he permitted them to graze on the lands nearer to Bloemfontein and to hold in abeyance the ordinary law of trespass until measures could be taken to subdue the unruly chiefs. According to the Major, the 424 MAJOR WARDEN'S DIFFICULT POSITION CHAP, meeting, which took place on August the 16th, was convened X" by five or six shopkeepers of Bloemfontein, presumably Englishmen, who for the occasion, unceremoniously turned the schoolmaster and pupils out of the building used as the Government school. Forty Boers who had just arrived in the town were inveigled to attend the meeting. The speeches were said to have been so disloyal and disreputable that men who had gone in out of curiosity felt it expedient to retire. The following resolutions were passed : — (i) That Major Warden's proceedings were not based on principles of truth and equity and that he had embroiled the country in con fusion. (2) That his strong prejudices against Moshesh and Moletsani had induced him to issue letters for a com mando against those tribes before their explanations had baen heard ; that Moshesh had been called upon to deliver 8,000 head of cattle in ten days, which could not be done. (3) That the disturbed state of the country was due to the injustice of Major Warden taking proceedings against those two chiefs before their case had been fully investigated. After the meeting the Boers went to the Major's house to see him upon the business which had brought them to town. In reference to the meeting which they had just left, Commandant Erasmus said he thought it was only Boers who could be rebellious, but to-day he had heard Englishmen express themselves in terms not a whit behind the greatest rebel Boer. Major Warden's position was an extremely difficult one. Almost all in the Sovereignty, both British and Dutch, were against him ; he was finding the native trouble becoming more and more serious, the soldiery at his command was inadequate to cope with the increasing disorder and there was little probability of any immediate assistance coming from the colony. Under these circumstances, one resource was left, that was to appeal for help to the Lieut.-Governor of Natal. Accordingly, at the beginning of August he made this appeal. Sir Benjamin Pine responded promptly and within a few days a force consisting of 172 of the 45th regiment, 17 of the C.M.R. and 590 Zulus with 16 waggons of provisions and ammunition was on the march and crossing the mountain into the Sovereignty. The European soldiers MOSHESH APPEALS TO PRETORIUS 425 were stationed at Winburg and thus, for a time at least, the CHAP. people there had the protection for which they had pleaded. The Zulus were sent to Thaba Nchu to guard Moroko's people. This movement had some moral effect, for stealing, for a time, entirely ceased. But beyond this, nothing profit able was effected. Major Warden seems to have had no clear idea of what he was to do with this reinforcement, thus they remained idle and incurred considerable expense. The Zulus tiring of their inactivity, became restless, if not something worse, and wished to return to Natal. Not altogether to the dissatisfaction of Moroko, they were allowed to do so and, as might have been expected, created some havoc among the tribes through which they passed. Earl Grey, while applauding the willingness and promptitude of Sir Benj amine Pine in rendering the assistance he was asked for, doubted whether Major Warden had acted with judgment in making the application ; he regarded his con duct in calling for this force without having clearly ascer tained that it would be in his power to use it as evincing a great want of foresight and discretion. This and other matters led him to infer that this officer was unequal to the difficulties of his situation. In all these seemingly inextricable difficulties, a ray of hope, nay even more, a solution of the tangled problem, came from a most unexpected quarter ; so unexpected that the overtures for peace were regarded with the greatest anxiety and suspicion of evil. On Sep tember 28th, Major Warden received a letter from the outlaw, A. W. J. Pretorius, dated Magaliesberg, September 9th. It was to the effect that Moshesh had appealed to him to use his influence in bringing about peace in the Sovereignty and to mediate between him (Moshesh) and the British Resident. Pretorius, having brought the matter before his Kriegsraad (war council), had been instructed, he said, to comply with this request. He told Major Warden that he had no other object in view than that of restoring peace in the Sovereignty and that he hoped the Major would not allow himself to be misled by any false reports to the contrary. It was the wish of the emigrants in those parts of the country, beyond the Vaal, he continued, to open a good understanding with the British Government, and to that end he intended 426 A FRIENDLY LETTER FROM PRETORIUS CHAP, to enter the Sovereignty to negotiate further with the British X' Resident. That such a letter as this had been sent to Major Warden became generally known, but for want of fuller and more correct information, it was misunderstood or misinter preted. The result was consternation and the belief that Pretorius was already in the Sovereignty with an over whelming commando. Major Warden himself entertained the greatest distrust in the bona fides of Pretorius and placed no confidence, he said, in anything which came from such a source ; he declared that his interference in Sovereignty matters could not, under any pretence whatever, but be pregnant with evil to the country, in short he regarded this overture as some act of treachery. And believing that Pretorius could have at his command 1,500 armed Boers together with reinforcements of Basutos and other natives, he placed himself all the more on the defensive by calling into Bloemfontein all the troops which were stationed at Winburg. Considering himself precluded from having any communication with a proscribed rebel, Major Warden sent no answer to the letter. Shortly afterwards, another letter was received from Pretorius, dated from Potchefstroom, October 4th, and couched, as Major Warden acknowledged, in respectful terms. It appears that the matter of friendly intervention had been considered by the Court of Landdrost and Heem- raden of Potchefstroom and that it had been decided to send as delegates to the British Resident, Pretorius himself, F. G. Wolmarans and I. H. Grobbelaar, two amicably- disposed men. Thus they expressed the object of the delega tion : " Whereas we emigrants have long been desirous to be able to conclude a lasting treaty of peace between ourselves and the British Government, to set aside, once and for all, all disturbances and false reports, which are constantly spread abroad, inviting suspicions of us here, while our wish is nothing else than to have a lasting peace with all." To this Major Warden replied guardedly that it was out of his power to interfere in the political matters of territories beyond the limits of the Sovereignty, but that he would send their communication on to the Governor. This he did. Major Warden had yet to learn, as most probably he did eventually, By permission. Major Warden HONOURABLE INTENTIONS OF PRETORIUS 427 that his estimate of Pretorius was wrong. Those who knew CHAP. him better spoke differently. Mr. Biddulph of Winburg, who had come into closer touch with the Boers, stated that every effort had been made by the disaffected to induce Pretorius to join them in their case against the Government, but he had refused and to Moshesh, he had sent advice to desist from murder and robbery. A better witness, however, was the Rev. Andrew Murray (junior). This good man went on a mission to Mooi river for the express purpose of inter viewing Pretorius and the leading men among the emigrants. He seems to have been there on October 4th, when the meeting was held. On his return to Bloemfontein he handed to Major Warden a report of the conference and the opinions he had formed. He was able to say that he was convinced that Pretorius entertained none but peaceable and honourable intentions. Positive injunctions to do nothing which might tend to disturb the friendly relations with the British Govern ment were given to Pretorius by the leaders of the emigrants; and it was Pretorius' own intention, on his arrival at the Vaalsch river, to write to Major Warden for permission to approach Bloemfontein before going any further, as well as to ask him to point out the best way for them to act so as to come to a distinct understanding with the British Govern ment. Further, Pretorius had said that he was anxious to vindicate his character from the suspicion which might rest upon him on account of the use made of his name by van der Kolf 1 and others. On the whole Mr. Andrew Murray was very favourably impressed with all he saw and heard ; 1 Van der Kolf was a notorious rascal who was " wanted " on both sides of the Vaal. He had been in prison in Potchefstroom and had broken loose. The reference to him here is in connection with his forgery of Pretorius' signature in a threatening letter which he (van der Kolf) wrote to Sikonyela on June 22nd, 1851 : " I am this moment come out with 800 men," he said, " and I have heard that you intend to assist the British Resident against Moshesh and Moletsani. I warn you to remain quiet within your town, if you do not I shall come against you. I will spare neither woman nor child if you dare to assist the British Resident. Signed, A. W. J. Pretorius." Then, in connection with the Viervoet affair, he wrote to the Boer leaders in Winburg, M. Wessels, J. Wessels, A. Greyling, R. van Rooyen, J. Fick and W. Venter, signing himself " General and ruler of the Basutos " that they had " made them selves guilty with the British Resident in the territories of Moshesh and Moletsani, and that the demand of the chiefs was the payment of two thousand pounds, which payment shall prevent and fend off all plunder and insecurity in the district of Winburg." 428 OUTLAWRY OF PRETORIUS REVOKED CHAP, a happy state of affairs which he found did not exist among the Boers south of the Vaal, that is, in the Sovereignty. Nothing, he said, would be more likely to frustrate the hopes of these people than to see their brethren over the Vaal living in peace and contentment. When the Governor, in King William's Town, came to know all about this, he felt that these letters ought not to be slighted and saw in them, presuming Pretorius to be acting honestly, a path leading to the termination of barbarous war fare. He therefore instructed the Assistant Commissioners to proceed to Bloemfontein without delay ; and as Pretorius was still an outlaw in virtue of the proclamation of July 22nd, 1848, and could not be communicated with by Major Warden, he suggested that if the Commissioners should conclude that Pretorius was sincere, a document might be sent to Major Warden anulling the outlawry and thus paving the way for future negotiations. Earl Grey welcomed this revocation of Pretorius' out lawry and, eventually, officially approved of it. He was anxious to be rid of, not only Pretorius, but the Sovereignty and all connected with it. " If the inhabitants will not support British authority," he told the Governor, " but on the contrary desire to be relieved from it, there is no British interest to be served by endeavouring to maintain it," he would see with satisfaction that it was in the Governor's power to make all arrangements whereby, without compro mising the honour of the British Crown, British authority and the forces could be withdrawn from that remote region ; and then " any wars, however sanguinary, which may after wards occur between different tribes and communities which will be left in a state of independence beyond the colonial boundary are to be considered as affording no ground for your interference." With regard to Major Warden, Earl Grey was of opinion that he had interfered too much in the Government of the country. Instead of assisting the inhabi tants to govern themselves, he had gradually taken upon himself too much of the administration of affairs, and to uphold his authority he had worked himself into greater and greater difficulties ; he had miscalculated his means for attaining his ends. The Governor therefore was instructed A MEETING AT BLOEMFONTEIN 429 to lose no time in placing in other hands the authority which CHAP. had hitherto been entrusted to Major Warden, as he (Grey) was not justified in permitting it to be left in the hands of an officer on whose judgment and prudence he had not reason to be fully satisfied. Sir Harry Smith regarded this threatened abandonment of the Sovereignty with great regret and disappointment. " No measure during my administration of this Government," he wrote to the Commissioners on November nth, "has caused me so much consideration as that relating to the Sovereignty. I am confident that if any change were made in the present state of it in the theoretical hope of gaining over a discontented party by yielding to their demands, such a procedure would evince weakness on our part, fraught as I have before stated with every evil and perpetuate the belief that persevering resistance to Her Majesty's authority would ultimately ensure success." The Commissioners seemed to have agreed with the Governor in this matter, for in writing to him on December •gth, they said that they were making the greatest efforts to bring matters to such an issue as may render the evacuation of the Sovereignty undesirable ; they were of opinion that this might be brought about by giving the people more the management of their own concerns and drawing within narrower limits the power hitherto exercised by the British Resident and by interfering less in native matters, that is — if the tribes chose to endeavour to exterminate one another — well, let them. In the sequel however, it will be seen that the Sovereignty was abandoned and became the Orange Free State. Affairs had reached this stage in their development when, at the end of November, the Assistant Commissioners reached Bloemfontein. Shortly after their arrival, they were visited by two of the Boers from beyond the Vaal, whose errand was that of opening negotiations of peace. A very amicable meeting seems to have taken place, the important result of which was that on December 23rd, the Commis sioners issued a public notice, stating that " they had received through accredited agents, a communication from the Transvaal emigrants, requesting permission to send dele gates for the purpose of making certain friendly proposals 430 THE MEETING NEAR THE SAND RIVER CHAP, to the Government, and, at the same time and through the same channel, Mr. Pretorius having expressed his sorrow for what had passed, expressing the hope that his outlawry might be reversed." The Commissioners consented, not only to receive the deputation, but being satisfied that on late and other occasions, the name of Mr. Pretorius, without his sanction, had been made use of by the evil disposed, in order to create disturbances, availed themselves of an authoritative instrument which had been drafted for the purpose and reversed the outlawry. In compliance with the desire of Pretorius that the meeting should be held at some place nearer to the Vaal than Bloemfontein, the choice fell upon the farm of one Piet Venter, situated about six miles to the east of the Sand River, most probably on the site of the present town of Ventersburg, about half-way between Winburg and Kroonstad. On January 15th and 16th, Boers arrived from all directions. About 400 forced one camp, arranging their fifty waggons in a circle ; while about 300 more, consisting of the Transvaal people who accompanied Pretorius and the 1 5 delegates, formed another. On the 16th, the Commis sioners, escorted by a small party of Lancers reached the scene. There was great excitement, and for a time, there seemed to be the prospect of the meeting being anything but amicable and orderly, for the disaffected of the Sove reignty were there in strong force. The notorius horse-thief, van der Kolf, was in the camp of Pretorius. About a fort night before, he had made his way over the Vaal with about a hundred stolen horses and was followed by a horde of Korannas and Kaffirs with a large number of cattle, presum ably stolen. They had passed through the Sovereignty unmolested, all seeming afraid to interfere with them. Major Hogge refused to take part in the proceedings until van der Kolf was taken and placed under arrest. No one seemed to care to undertake this. Pretorius, with Mr. Owen and two lancers, went to the camp, but the excitement and anger became so violent that the two Jancers had to retire. In the meantime, a Boer lent van der Kolf a horse, which he mounted, and defiantly placing caps on his gun, THE SAND RIVER CONVENTION 431 galloped away. Some of the lancers were ordered to pursue CHAP. him, which they did, and a party of Boers followed them. In the end van der Kolf got away. Pretorius seemed quite unable to control the unruly crowd. According to the report of the Commissioners to the Governor, on January 25th, 1852, " The meeting with the deputation of the Transvaal emigrants took place on the 16th inst., near the Sand River. With them everything was arranged in the most satisfactory manner. They were merely assured of the non-interference in the management of their affairs and non-encroachment on the part of the Government. The emigrants engaged voluntarily to dis countenance slavery, allow a free passage and protection to travellers and to give up criminals and other less important arrangements were entered into, which when drawn up will be submitted to Your Excellency." Thus came into being the famous SAND RIVER CONVENTION.1 And thus came 1 Full text of this important document. — " The Assistant Commissioners guarantee in the fullest manner, on the part of the British Government, to the emigrant farmers beyond the Vaal River, the right to manage their own affairs, and to govern themselves, according to their own laws, without any interference on the part of the British Government, and that no en croachments shall be made by the said Government on the territory beyond to the north of the Vaal River, with the further assurance that the warmest wish of the British Government is to promote peace, free trade and friendly intercourse with the emigrant farmers now inhabiting, or who hereafter may inhabit that country, it being understood that this system of non-interference is binding on both parties. "It is agreed that no slavery is or shall be permitted or practised in the country to the north of the Vaal River by the emigrant farmers. " Mutual facilities and liberty shall be afforded to traders and trav ellers on both sides of the Vaal ; it being understood that every waggon containing ammunition and fire-arms, coming from the south side of the Vaal River, shall produce a certificate, signed by a British magistrate or other functionary duly authorised to grant such, and which shall state the quantities of such articles contained in said waggon, to the nearest magistrate north of the Vaal River, who shall act in the case as the regula tions of the emigrant farmers direct. " It is agreed, that so far as possible all criminals and other guilty parties who may fly from justice, either way across the Vaal River, shall be mutually delivered up, if such should be required, and that the British courts, as well as those of the emigrant farmers, shall be mutually open to each other for all legitimate processes, and that summonses for witnesses sent either way across the Vaal River, shall be backed by the magistrates on each side of the same respectively, to compel the attendance of such witnesses when required. "It is agreed that certificates of marriage issued by the proper authorities of the emigrant farmers shall be held valid and sufficient to entitle children of such marriages to receive portions accruing to them in any British colony or possession in South Africa. " It is agreed that any and every person now in possession of land, 432 TEXT OF THE CONVENTION Cjj ^p. and residing in British territory, shall have free right and power to sell his X ' said property, and remove unmolested across the Vaal River, and vice versa ; it being distinctly understood that this arrangement does not comprehend criminals or debtors without providing for the payment of their just and lawful debts. " Signed by A. W. J. Pretorius and fifteen others on the one part, and W. I. Hogge and C. M. Owen on the other. Sand River, January 17th, 1852." A seemingly insignificant condition in this treaty, namely, that of mutual facilities for traders and travellers had become of considerable importance in consequence of certain incidents which had happened shortly before. In August, 1849, Dr. Livingstone, with Messrs. Murray and Oswell, discovered the great Lake Ngami. They left the mission station of Kolobeng on June ist, 1849, and on July 4th arrived at a large river. Following this along its bank for about three hundred miles, they reached and discovered the " great lake." In connection with his discovery it should be mentioned that at the mission station of Eberfield in the Damara country, the missionary there had collected much in formation from the natives relative to the geography of the country and thus had been enabled to make a map of those little-known regions. On this map he showed the position of the lake where it was afterwards found to be. This discovery gave a new incentive to traders, and also to those enthusiastic in geographical research ; a thoroughfare through the country occupied by the Transvaal Boers was therefore of the first importance. Thus there was trouble with these people. Early in 1 850, the much-travelled African trader, Mr. McCabe, and a Mr. Baines, an artist who had for years interested himself in African geographical research and the painting of African scenery, set out from Grahamstown on a journey to Lake Ngami, Mr. McCabe, to his undoing, had written in a Grahamstown newspaper, The Grensblad, a description of the way to the lake. On April ist, 1850, they arrived at Mooi River Dorp (Potchefstroom) and then proceeded fourteen miles further to a farm which Mr. McCabe owned. On this part of the journey they discovered that all the field cornets had been in structed to prevent them from going further into the interior. And then Mr. McCabe received a summons to appear before Mr. Lombard, the Landdrost of Potchefstroom, charging him with having made known to the British, by writing to The Grensblad, the way through their country, and inviting a Government expedition to follow. He was tried before a jury of twelve, found guilty, and condemned to pay a fine of Rds. 500 or go to prison for six months, and further to remain in the Transvaal under surveillance for twelve months. He paid the fine and Rds. 36 costs. " We have thrown off the yoke of the British Government," they said, "and if we do not stop these proceedings, we shall have it again upon us ; you are a traitor, we have allowed you to live and grow rich among us, and now you wish to open the path through the Republic to your countrymen." About the same time three other explorers, Shelly, Ewart and Bushe, were caught by the Boers on their northward journey and brought before Landdrost Lombard. They were sent back over the Vaal. Sir Harry Smith, on hearing of this, brought the matter before the Legislative Council, as he considered that the progress of geographical research in Africa, " which had recently received such a stimulus from the discovery of the great lake in the interior by Messrs. Oswell, Murray and Livingstone," was a matter of imperial concern, and one in which all nations were more or less interested ; this, he said, would be checked if the Boers persisted in preventing travellers from passing through the country. The Council did not see how it could interfere in Mr. McCabe's case, as he owned a farm in the country occupied by the Boers, and he could not therefore be viewed as an ordinary traveller. A very strong case of hardship had to be made out in order to justify the Council in taking action on behalf of one who had knowingly placed himself in such a position and at such a distance from British protection. "If he has ABANDONMENT OF THE SOVEREIGNTY 433 about the recognition by the British Government of the first CHAP. Boer Republic in South Africa. But in a large measure a virtue was made of necessity. As has been indicated, the British Government was at this time very decidedly opposed to the extension of its dominion and rule in South Africa, and as there was the fixed determination to abandon the Sovereignty, the recognition of the independence of a people who were already independent, except in so far as in criminal cases they were amenable to the Act 6 and 7 of Will. IV, cap. 57, could not have been associated with any very profound feeling of self-sacrifice. The Commissioners in their report to the Governor said, " This boon has been virtually granted by Lord Grey's explicit direction that the colony shall not be extended, and a favour has been made of what must have been, if that line of policy were adhered to, an inevitable concession." The Commissioners foresaw, or thought they did, that this " boon " would secure for all time the friendship of the Transvaal Boer, the detachment of the disaffected in the Sovereignty, and the prevention of an alliance with Moshesh. And even more, in view of the general disaffection of the coloured races, it was hoped that there would be such a reconciliation of the Boers to the Government that they would again take their part in the defence of the country as they had done in the earlier years and thus bring this tedious and enormously expensive war to a close. The Sand River Convention was to have an important bearing on the events of after years. While these affairs were giving promise of stability and peace in the north-east, in Kaffirland and the south the dawn of such happy prospects was not yet breaking. Before that blessing was to be attained there was yet to be solved the difficult problem in connection with Kreli. As there had been in the case of his father Hintsa, so now with him was there the perplexing question, was he friend or foe ? Outwardly and professedly he was a man of peace and well disposed towards the Government ; but land there," they said, " his action does look a little like treachery." So, in the end, the Council did nothing, and such difficulties were removed by the Sand River Convention. VOL. V 28 2F 434 KRELI THROWS DOWN THE GAUNTLET CHAP, crafty as he was, he was unable to keep out of view of the authorities the fact that he was one of the chief promoters of the war ; that his warriors as well as he himself had taken an active part in the hostilities ; that he had connived at the attacks on the traders and the plunder of their waggons, and that he had harboured in his country rebel Hottentots and thousands of colonial cattle which had been stolen by the Gaikas. At this time, that is, towards the end of the year 1851, his cloak of friendship, if ever it existed, had worn so thin that it could no longer conceal his treachery or hide his eagerness to enter openly into the war. On September 26th, four ox waggons belonging to Mr. Crouch, the trader, were returning from King William's Town. They had crossed the Kei river and were ascending the steep hill which leads to the Toleni flats, when suddenly, from the thick bush through which the road passed, a volley was fired at those who were in charge of the convoy ; two of them, natives, were badly wounded, while the remainder fled into the bush. The robbers, seven in number, plundered the waggons, cut loose the oxen and drove them off. Mr. Fynn, the diplomatic agent with the Gcalekas, brought the matter before Kreli and demanded compensation for Mr. Crouch and punishment of the robbers. But worse than no satisfaction was obtained. In answer to this, as well as to the advice of the Rev. Mr. Gladwin, that Kreli should send his great men as messengers to the Governor, the wily chief refused, in emphatic terms, to do anything of the kind. He told Mr. Fynn that his people had been killed at the Imvani and that their blood was worth more than traders' blankets. As to giving up the Hottentots in his country. "No!" said he, "when Smith came here in 1835 he took away Hintsa's Fingoes into the colony and now Kreli takes Smith's Hottentots. What is the difference ? And if the Governor wants great men to be sent to him to talk, let Fynn go, that is what he is paid for. What has Kreli to send about ? Crouch's cattle and other property can be paid for when the general settlement takes place. I am only waiting," said he, " until the troops cross the Kei, then I will fight and when I am beaten, as very likely I shall be, then will be the time to talk about payment. Further, EXPEDITION AGAINST KRELI 435 what right has Smith to point out boundaries in my country ? " CHAP. Thus Kreli threw down the gauntlet. Sir Harry Smith, on receipt of this intelligence, instructed Mr. Fynn to have no further communication with Kreli. The situation in Kreli's country, especially in Butterworth and its vicinity, had become most alarming, as theEuropeans were entirely at the mercy of the hostile Gcalekas. Mr. Fynn appealed ardently for a strong force to be sent to Butter worth, but this could not be done, as, at that time, the Waterkloof campaign was in progress. But in December, those mountain fastnesses having been cleared or believed to have been so, the Transkeian territories became the chief objective of the troops. The expedition was to be one which should admit of no doubt of its success. The three great officers, General Somerset, Col. Mackinnon, and Lt.-Col. Eyre were to command separate divisions and attack from three different directions. The conditions on which peace was to be granted to Kreli were : all plundered colonial cattle as well as cattle belonging to the Gaikas to be surrendered ; Kreli to pay a fine of ten thousand cattle for his treachery at the Imvani and his urging Umhala to join the war party ; indemni fication for damage done to the property of the traders and the surrender of the rebel Hottentot leaders, Uithaalder and Hans Brander, who were known to be taking refuge in his country. This Transkeian expedition, which lasted about six weeks, proved to be the most extensive " Smithfield market cattle driving " action which had yet been. According to the Governor's despatch of January 13th, 1852, no less than thirty thousand cattle were captured and driven out of Kreli's country. The total loss of life among the Kaffirs was comparatively small and among the troops very small. But the hardships were great. The weather was inclement in the extreme. Torrents of rain fell continuously, and the men had no shelter or protection but one blanket ; the rivers were swollen, necessitating difficult and dangerous passages — in one case the force waded through the Tsomo with the water nearly up to their necks and running swiftly — and the long marches, or rather, the more often ascending 436 COL. EYRE'S DIFFICULT MARCH CHAP, and descending the acclivitous places in search of hidden cattle wore out horses and man. Col. Eyre with 956 men (of the 1 2th Lancers, 73rd Regiment, 60th Rifles, C.M.R. and Levies) and 22 waggons with supplies for 30 days marched out of King William's Town on December ist, 185 1. Via the Gonubie, old Fort Wellington and Komgha they reached the old Fort Warden, where they halted for the night of the 3rd. At daylight the next morning they again started off, and pushing their way through the bush, they reached the top of the high and steep hill at the foot of which flows the Great Kei River. Before they commenced the descent they fortunately discovered that the Kaffirs had made an attempt to waylay them, for three or four hundred made their appearance and opened fire upon them. A counter attack was made which drove the enemy back into the bush. Also on the far hill, which with the one they were on formed the Kei valley, large numbers of Kaffirs were seen. It was clear therefore that the passage through the river was to be disputed. To protect the force in its descent through the entangled intricacies of the bush, Col. Eyre stationed, or rather concealed, three companies of the 73 rd and one of the 60th Rifles under the crest of the heights. With considerable difficulty the long line of waggons was got down to the water's edge. Then it was found that the Kaffirs had rolled into the water in the drift very large stones in order to hamper the passage of the waggons. And on the side of the other hill which had to be ascended they had built schantzes, that is stone breast works, which were impregnable to the musket fire of the troops, but from which they themselves would be able to hold back an oncoming force, or at least to commit great havoc amongst it while advancing. Thus they were in strong force. Before the attempt to cross the river was made, the grenadier company of the 73rd marched some distance up to the right bank of the river, crossed unseen, descended along the left bank and took the defenders of the schantzes in the rear and drove them out. It was then safe for the rest to cross, to move the impediments and to get the waggons through. The hill on the left bank of the river was ascended and GENERAL SOMERSET'S MARCH 437 * then a march of about twenty-four miles to the tiny village CHAP. of Butterworth — situated near one of the " great places " of Kreli — was made, but not without opposition. The column was attacked as opportunity offered. The casualties on the side of the forces were five men of the 73 rd and one of the 60th killed, ten of the 73rd, one of the 60th and one of the levies wounded. Forty Kaffirs were said to have been killed. Col. Eyre's first act on his arrival at Butterworth was to come to a clear understanding with the Fingoes who were still resident there. It was felt that they were wavering and uncertain in their attachment to the Government. The truth probably was that they felt themselves in the power of the Gcalekas, their old enemies, and for safety and peace made some show of loyalty to Kreli. But now that the presence of Col. Eyre with the force at his command made it safe for them to open their minds freely, there was no hesitation in declaring their attachment to the British. Thus seven hundred of them joined the forces and assisted in capturing and holding the cattle of their quondam masters — the second time they had done this. No wonder the Fingoes were hated by thr Kaffirs generally. Col. Eyre's next enterprise was a cattle-hunting expedi tion in the country towards the Bashee. He had heard that ten or twelve thousand animals were to be obtained for the asking, so to speak. With his now Fingo augmented force, a march was made to the supposed hiding-place, but either the rumour was false or the cattle must have been removed, for but few were obtained there. Nothing daunted, however, and in spite of the rain storms, the whole region for some miles around was scoured during three days, when they were enabled to return to Butterworth with 4,325 cattle. So it was not so bad after all. Col. Eyre then left Butterworth and moved his force in the direc tion of the Tsomo river in order to co-operate with General Somerset, who, with Col. Mackinnon, was scouring the country through which flowed that river as well as the Cacadu and the White Kei. General Somerset with his large force left King William's Town on November 27th, and took a more circuitous route through Shiloh, where he was joined by 438 SLIGHT RESISTANCE OF THE ENEMY CHAP. Captain Tylden and seven hundred of the people of Whittle sea. These large forces were broken up into detachments of sufficient strength and each followed spoor and explored mountain height, kloof or any other place where it was thought cattle might be in hiding. And these expeditions extended as far as the upper reaches of the Kei and Bashee rivers. The enemy generally seems to have offered extraordinarily little resistance and to have fled and left their cattle on the approach of troops. Captain Tylden, however, on one occasion found his detachment surrounded, when a furious hand to hand fight ensued and thirty-eight of the Kaffirs were left dead ; nothing is said about the loss on the side of the attacking party ; most probably there was none. In all these skirmishes, hundreds, in some cases thousands, of cattle were obtained. They were all driven, in the first place, to Butterworth, where a depot under a strong guard was formed. It is curious that no attempt to pursue and capture Kreli was made ; the tactics in the Transkei, as well as in the colony seem to have been those of bringing the enemy to heel by the devastation of his country — a horrible procedure, as Sir Harry Smith acknowledged it to be. Having obtained a prize of thirty thousand cattle, General Somerset considered it time to move back to King William's Town. He arrived there on January I ith, 1852. The problem of the distribution of the immense number of cattle was easily solved ; they were to be the property of all who had taken part in the war, namely, the forces which had acted beyond the Kei, as well as those in British Kaffraria and on the colonial border, but any branded cattle claimed by the undoubted owners were to be restored. The Fingoes who had accompanied the troops were also well treated, and eight hundred were distributed among loyal Ndhlambis, but their chief, Umhala, for his suspicious behaviour, was to receive, at a later date, a reward of another kind. General Somerset marched to Fort Hare on the 13th with seven thousand cattle for distribution among the people there. It was significant that in this march not only would the Kaffirs occupying those parts not fight, but made it known that they were desirous of peace. THE KAFFIRS HA VE ENOUGH OF FIGHTING 439 Col. Eyre remained in Butterworth for a week after the CHAP. departure of General Somerset, and on the 14th he moved out with his large force. He was accompanied by the British Resident, the Rev. Mr. Gladwin, the traders and seven thousand Fingoes who had lived there some time and were anxious to get into the colony. These took with them thirty thousand cattle1 which belonged to Kreli and his people. These had been placed in their supposed safe keeping when the invasion of the country by the troops was expected. The Fingoes were marched on to the Fort Peddie district. Thus ended the Transkeian expedition. Its great success, measured by the number of cattle which were obtained, evidently had an alarming influence on the rebel chiefs and the people west of the Kei. The first indication of this was the pacific disposition of the people observed by General Somerset on his way from King William's Town to Fort Hare. They had had enough of fighting and wanted peace. Even Sandilli, Seyolo, Tola and others, the worst offenders and those most active in promoting the war, appeared anxious that hostilities should cease and made a show of willingness to surrender. A great meeting of these chiefs, including Maqomo, Stock, Botman, Anta, Oba and Suta, met at Sandilli's kraal, near Burn's Hill mission station, and discussed the situation. The result of the meeting was that, on January 15th, two delegates were sent to Mr. Brownlee at King William's Town to ask him to intercede for them with the Governor. This Mr. Brownlee did. In answer the Governor, in the manner characteristic of him, sent a message in which he recounted the history of all the bad actions of which they had been guilty in return for all the good ones he had done for them ; he pointed to the punishment which had fallen upon Kreli as a warning to them, and though he could not treat with rebels, he told them, their unconditional surrender would lead to acts of clemency on his part. As a preliminary they would have to throw themselves at the feet of Her Majesty's High Com missioner and seek his pardon. Several days elapsed before the chiefs seemed to take any notice of this. In the mean- » That is 60,000 cattle were driven out of Kreli's country, vide despatches of Sir H- G. Smith to Earl Grey, Jan. 13th and 20th, 1852. 440 FRUITLESS OVERTURES CHAP, time the troops were raiding the country, destroying crops and burning huts. At length they again approached Mr. Brownlee, who had now taken up his quarters at Fort Cox for the purpose of being near them and dealing with them upon the spot. They then asked for an armistice in order to discuss the matter. Mr. Brownlee advised the Governor against this as, already, they had had time to come to a conclusion and were now, obviously, only scheming to gain time ; he was of opinion that they would make a show of submission and humility in order to obtain peace and retain all the property they had taken but without the least intention of conceding a single point. The Governor, however, feeling that the destruction of crops and the firing of guns was not conducive to quiet, calm deliberation, called a halt for the 1 2th, 13th and 14th of February, 1852. On the second night of this truce a party of Kaffirs attacked a convoy of waggons which had bivouacked during the darkness. They killed Dr. Davidson, the surgeon of the 43rd Regiment, and three of the men and wounded one other. The chief condition of peace which the Governor imposed upon them was one to which they would not be in the least likely to agree, namely, that all the Gaikas should vacate that country and migrate over the Kei, and until they did that they would be harassed from mountain to mountain and their country would be devastated. The chiefs Pato and Kama entirely agreed to this. As was expected, nothing whatever came of these overtures and within three weeks the Waterkloof, Blinkwater and Fuller's Hoek were again the arena of fierce conflict. Sir Harry Smith, after many months' sojourn in King William's Town, left that place and made his headquarters first at Fort Beaufort and then nearer to the enemy at the Lower Blinkwater. Practically the whole military force on the frontier was concentrated on those intricate mountains. For the different spheres of operation and points of attack the force consisted of the 74th High landers, the 6th, 73rd, 43rd, 45th, 91st Regiments, and Royal Artillery with four guns and rockets. There were also hundreds of Hottentots and Fingoe levies. It were as useless as tedious to give details of all the actions THE WRECK OF THE "BIRKENHEAD" 441 in which the different detachments took part. Maqomo CHAP. and his people fought with great fury in " Maqomo's den," a wild, secluded and almost inaccessible place in the Fuller's Hoek mountains. The guns and rockets, however, made it, for a time, a very unhealthy place. After about a month of scouring these fastnesses, Col. Michel reported that those parts were cleared of the enemy and that there was a decided tendency on the part of the Gaikas to move towards and over the Kei ; he considered that the war was prac tically at an end, but, as will be seen, he was greatly mis taken. The Kaffirs were not yet beaten and further drafts of troops were being poured into the country. Earl Grey, all through, did not wait for any requisition for reinforce ments from Sir Harry Smith, but realising the magnitude of the struggle acted in this matter on his own initiative. It was one of these additions of strength which arrived in February, 1852, that met with the very great disaster which constituted, measured in terms of loss of life, the most terrible case of shipwreck which ever happened on our dangerous South African coast, very bad as many others had ' been. Drafts of the 74th Highlanders, 60th Rifles, 12th Lancers, the 2nd, 6th or Queen's, the 12th, 43rd, 45th and 91st Regiments left Cape Town in the paddle-wheel steamer Birkenhead on February 25th. The weather was fine and calm and there was every promise of a pleasant voyage round to East London. At two o'clock in the morning of the 26th, when about two or three miles off the coast of Danger Point, and the vessel making 8£ knots, she came to a sudden stop with a most terrific jolt. She had struck a sunken rock. So great was the damage done to the bottom of the ship that the water rushed in in such violence as to preclude the possibility of the escape of those soldiers who were sleeping on the lower troop deck. In stantly, all who a moment before were asleep in bunk or hammock were on deck. The officer in command, Major Seton, who was to have succeeded Col. Fordyce, called upon his men, in this terrible state of affairs, to preserve the utmost order and silence. This was responded to, so Capt. Wright of the 91st tells us, in a manner which was scarcely believ able : " The order and regularity that prevailed on board 442 DESCRIPTION OF THE DISASTER CHAP, from the time the ship struck till she totally disappeared far exceeded anything that I thought could be effected by the best discipline ; everyone did as he was directed, and there was not a murmur or cry amongst them ; it was as if they were embarking instead of going to the bottom, with the exception that there was less noise than in the case of embarkation." All the women and children, without confusion, were got into one of the boats and were soon picked up by the schooner Lioness, which was on her way to Cape Town from Algoa Bay. The horses were driven overboard, five of them reached the shore. The Birkenhead very soon went to pieces. Within a quarter of an hour after striking the rock the fore part of the ship broke away. and went down ; then in a few minutes the funnel fell and carried away the starboard paddle-box and boat, and the breaking of the remainder of the vessel crosswise just abaft the engine-room, when both parts filled with water and went to the bottom, completed the disaster. At that last moment the men, who had all this time been standing orderly and apparently wearing a minimum of clothing, for they had had to leave their sleeping places hurriedly, were told to jump into the sea and do their best to save themselves. Fortunately there were pieces of wreckage to which struggling men could cling and which gave them some support during the hours they had to remain in the water. The schooner Lioness, already mentioned, picked up 116 of these. The steamer Rhadamanthus appeared upon the scene and ren dered all possible assistance and towed the Lioness into Simon's Town. One of the small boats with nine men landed on the coast about 15 miles from the wreck. Of those who remained in the water and reached the shore at Danger Point was Captain Wright of the 91st, who has left us the best survivor's account of the affair. He with five others clung to some wooden wreckage and were drifted slowly towards the land. When they reached the outer edge of the seaweed, which at that part is very abundant, they abandoned the wreckage and struck out for the shore, about 400 yards distant. The surf, fortunately, does not seem to have been very violent. These men landed at noon, having been in the water about nine hours. Others in the . The Wreck of the " Birkenhead," 1852 THE LOSS OF LIFE 443 same manner must have saved themselves, as eventually CHAP. there were 68, including 18 sailors, who mustered in those parts and were sent on to Simon's Town. The spot where Captain Wright landed was desolate, there was no sign of human habitation anywhere. He with his companions started off in search of such, and, at about 3 o'clock, met with an outspanned waggon. The driver directed them to a fisherman's hut situated in a small bay called Stanford's Cove ; they reached that at sundown. But there was no food obtainable. They therefore pushed on to the farm of a Captain Smail about eight miles distant, where also there was a trading store. All who reached the shore seem to have congregated there. Mr. MacKay, the civil com missioner of Caledon, visited them and authorised articles of clothing to be furnished to forty of the soldiers, who had next to nothing. Captain Smail returned to the coast to seek any other survivors. The crew of a whaling boat, which was employed in sealing at Dyer's Island, recon noitred the outside of the seaweed, while Captain Wright went along the shore. Two more, who had been in the water 38 hours, were found in a very exhausted condition. AH having been supplied as far as Captain Smail's store was capable, the survivors were sent on to Simon's Town, which they reached on March ist and were accommodated on board the Castor and Rhadamanthus. The total loss of life was 1 5 officers and 476 men, soldiers and crew. At the time of this wreck, Sir Harry Smith's connection with South Africa was drawing very near to its end. The despatch which was to acquaint him with Earl Grey's final decision to dismiss, or recall, him was then on the water. It could have been no great surprise to him, as the dis paraging and disappointed tone in which the noble lord had already addressed him on more than one occasion must have prepared him for this climax. In this despatch, bearing date January 14th, 1852, Earl Grey said : " I learn from these despatches (i.e., those of November, 185 1) that another month of this distressing warfare has passed away, and though the force at your disposal had been increased to a very considerable amount, no advantage of any real import ance has been gained over the enemy, while the loss of Her 444 SIR HARRY SMITH RECALLED CHAP. Majesty's troops has been exceedingly heavy. I have said that no real advantage has been gained, because while you state that positions of extraordinary strength have been stormed, and it is clear that the most determined courage has been shown by Her Majesty's troops, these successes (if they can be so called) have been entirely barren of useful results ; and it appears from the reports of Major-General Somerset, and particularly from his despatch dated Novem ber 9th, that the ground thus hardly won could not be retained, and that the position which was carried at the price of such heavy loss to the 74th Regiment on the 6th November was only held until the Major-General ' withdrew the troops in the afternoon,' when it would seem that there was no obstacle to its being reoccupied by the enemy, and that in fact it was so. For several months your despatches have been of a similar character. You have described to me operations which I have constantly been assured had been attended with success, and had inflicted heavy loss upon the enemy ; but at the same time I was quite unable to discover that any ground had really been gained, while it was obvious that the enemy, far from being discouraged by their sup posed defeats, were from month to month increasing in boldness and determination. It was impossible that I should continue to receive intelligence of this description by the many successive mails without being led to entertain very serious doubts whether the war had been conducted with the energy and the judgment which were necessary to bring it to an early and successful issue. But the informa tion I have now received has converted what was before only a very serious doubt into conviction ; and it is my painful duty to inform you that having consulted my colleagues on the subject, they have concurred with me in coming to the conclusion that upon a careful review of the events of the war and those which preceded its breaking out, there is evidence, which it is impossible to resist, that you have failed in showing that foresight, energy and judgment which your very difficult position required, and that therefore we should not be justified in shrinking from tendering to the Queen our humble advice that the Government of the Cape of Good Hope and the conduct of the war should be placed SIR HARRY SMITH'S REPLY 445 in other hands. It has accordingly been my duty to submit CHAP. to Her Majesty my advice that Major-General Cathcart should be appointed to relieve you, of which Her Majesty has been pleased to approve, and that officer will very shortly proceed to the Cape for that purpose." Earl Grey then proceeds to enumerate, at length, the various matters in which he considered the Governor had failed. And " lastly, I must regard it as a grievous error that you have allowed the administration of the Orange River Territory to remain too long in the hands of an officer in your own opinion unequal to the task, and that by this and other mistakes in your management of the Dutch inhabitants of the frontier districts, you have failed to conciliate that important class by whose cordial co-operation there can be no doubt that you would have been enabled to bring the war to a much earlier termination than there is now prospect of." Sir Harry Smith answered this on April 7th. After dealing at length with the progress of events up to the date of his relinquishment of the command of the forces and the Government of the country, he defended himself against the charge of want of foresight, energy and judgment and the censure for not having brought the war to a termination sooner. It was a war, he maintained, of unavoidable gradual progress, one which could not have been conducted differently. " I speak," he said, " with some experience in war on a large scale as well as of a desultory character. When regular armies are opposed to each other, a signal victory may decide the fate of a nation. Iri a war with barbarians, who fight only when it so pleases them, avoiding concentration, but who are still determined to resist, the contest is necessarily of long duration." He could transfer the civil Government to his successor, he told Earl Grey, without a single particle of business in arrear, and a treasury without debt. " The impending war in the Orange River Territory has been averted and an amicable relationship has been established with the Trans- Vaal emigrant Boers." And with an optimism which after events scarcely justified, he spoke of the then prospect of the immediate termination of the war and the restoration of the country to a condition 446 ARRIVAL OF THE NEW GOVERNOR CHAP, of peace and prosperity. And finally, in recognition of the arduous toil, determination and the suffering of the officers and men who had served under him and in spite of having been " accused during the progress of this war of using the language of hyperbole in describing the numerous ren contres which have occurred and in giving (presumably undue) praise to the gallant officers and troops," he "mentioned in despatches" once again their meritorious services. The new Governor, Sir George Cathcart, arrived in Cape Town on March 31st, and like his three predecessors left almost immediately for the East. On April 5th he embarked in Her Majesty's ship Styx, and, having arrived at East London on the night of the 8th, he reached King William's Town the next day. The whole of the ioth was spent with Sir Harry Smith, who then gave him a complete insight into the affairs of the frontier and left him in command. Then commenced what might almost be called a trium phal journey back to England. In King William's Town both troops and civil inhabitants went wild in their demonstra tions of respect, gratitude and sorrow at the great Sir Harry's departure. Many accompanied him on a part of the road to East London. In Cape Town the enthusiasm and ex citement were as great as when he arrived in December, 1847. A triumphal arch bearing the names of Waterloo, Aliwal, Sutlej and others was erected, and suspended from house to house across the streets through which he would have to pass were festoons of flowers. The ships at anchor in the Bay were gaily decorated. Great crowds assembled at and near the landing-place when the Styx with the great soldier arrived and then, horses not being considered worthy of the dignity of drawing the great Sir Harry's carriage to the Castle, where Lady Smith awaited him, men vied with each other for the honour. Addresses expressing affection and admiration for him as a soldier and citizen and as a friend of rich and poor alike, were presented to him. On August 7th, Sir Harry and Lady Smith embarked in the Gladiator for England. Thus ended the career of one of the most distinguished soldiers of that time. Arrived iat. hj\L> UP A GREAT CAREER 447 in South Africa with a most brilliant reputation, he left it CHAP. in ignominy and the disapprobation of the British Govern ment. South Africa has more than once been called the grave of great men's reputations. CHAPTER XI THE END OF THE '50 WAR CHAP. Lieut.-General the Hon. Sir George Cathcart, the new ' Governor and High Commissioner, was the son of the first Earl of Cathcart and was born in London on May 12th, 1794. In 1 8 10, he entered the army and took part in the campaigns of 1813 in Germany and 18 14 in France. He was gazetted Lieut.-Colonel of the 57th Foot in 1828 and in 1838, he was sent to Canada where he commanded the ist (King's) Dragoon Guards. Having returned to England with that regiment in 1 844, he retired on half-pay, but soon, in 1 846, on the recommendation of the Duke of Wellington, he was appointed Deputy Lieutenant of the Tower of London. While he held that office he wrote a commentary on the war of 1 813 and '14, which was published in 1850. Un doubtedly again by the influence of the Great Duke, Sir George Cathcart received further promotion ; this time he was appointed to succeed Sir Harry Smith at the Cape. Except for some reputation which he gained in connection with this commentary, his name, certainly with the general public, was almost unknown ; hence his appointment to the Cape created some surprise and gave rise to questions in both Houses. In person he is described as tall and slim and one of the kindest and gentlest of men. This appointment was associated with a new feature in the government of Cape Colony. Earl Grey in his first despatch to Sir George Cathcart, dated February 2nd, 1852, said that the correspondence with previous Governors had shewn that, circumstances in the East having necessitated their prolonged absence from the seat of Government in the West, there was the necessity for the residence of some high officer at Cape Town with authority to carry on the civil government. It was therefore decided to appoint a Lieut.- 448 THE NEW LIEUT.-GOVERNOR 449 Governor for the whole Colony and not merely for the CHAP. Eastern Province as previously. The Letters Patent of February, 1836, for erecting the Eastern districts into a separate and distinct government were therefore revoked. The new Lieut.-Governor was to be a member of the Legis lative and Executive Councils in place of the senior military officer. Legally, however, he could be the substitute for the Governor only while the latter was absent from the colony, that is, in British Kaffraria or the Sovereignty when they were not parts of the colony. Further his office would terminate when the regulations were superseded by the new Constitution which was in course of formation. The gentleman appointed to this new office was Charles Henry Darling, Esq. If experience in distant colonies were a qualification for this position, Mr. Darling was the right man. He was born in Nova Scotia in 1809 and entered the army through Sandhurst in 1825. In 1827, he became assistant private secretary to his uncle, the Governor of New South Wales and then having, from 1833 to 1839, served in secretarial capacities in the West Indies, he was appointed Governor of St. Lucia in 1847. This post he held until he assumed the Lieut. -Governorship of the Cape.1 ' As has been stated, Sir George Cathcart arrived in Cape Town on March 31st. His military secretary was Col. C. F. Seymour, after whom the small town at Eland's Post in the Kat River district is named. Mr. Darling had landed a few days previously from the Harbinger, which vessel had made, for that time, the quick passage from Plymouth of thirty-eight days. He was accompanied by Major- General Yorke, who was to be second in command in the East. Almost simultaneously with these arrivals was that of a further draftof685of the Rifle Brigade . Without having time to do much more than learn in Cape Town that there was much controversy in the country in connection with the proposed new Government, Sir George Cathcart hurried off 1 After he left the Cape, he inaugurated responsible government in Newfoundland, of which colony he became the Governor and Commander- in-Chief. He held the same position in Jamaica, and finally in Victoria. In this country he does not seem to have been a success, and was recalled in 1866. He was created K.C.B. in 1865, and died in 1870, VOL. V 29 2G 45o THE BACK OF TELE WAR BROKEN CHAP, to King William's Town as already mentioned in the last XI- chapter. The state of affairs which the new Governor found awaiting him was much as follows. The prime mover of all the mischief, Sandilli with his associated chieftains, though undoubtedly somewhat disheartened by the results of the many active operations, were still unsubdued and determined to defy the forces which were sent against them ; Maqomo with the great number of his followers arid rebel Hottentots continued to present the unsolved problem of their expulsion from the Waterkloof and Fuller's Hoek mountains ; Seyolo, Stock and Botman were yet lurking in the Keiskamma forests and Fish River bush and cutting off all communication with Grahamstown ; rebel Hottentots, besides acting with the Kaffirs, were on their own account marauding and maintaining terror on the colonial side of the boundary ; Kreli had not only contumaciously refused to pay the fine which had been inflicted upon him by Sir Harry Smith, but was still aiding and abetting the Gaikas and harbouring numerous rebel Hottentots and the Tam bookies had not ceased their spoliation and violence in the districts of Cradock, Albert and Victoria North. But the backbone of the war was broken. For fifteen months, the- Kaffirs had been harassed and driven from place to place ; semi-starvation was rampant in consequence of the system atic destruction of the crops by the invading forces and, withal, the enemy was finding his supplies of ammunition less plentiful. The worst of the fighting was over. The activities and continued labours of Sir Harry Smith and Major-General Somerset had greatly lightened the task which fell to the lot of the new Governor and Commander in Chief. There was little more to be done than to continue the process of attrition until misery and starvation completed the work and compelled the enemy to find relief only in submitting to the conditions which were imposed upon him. But this was to take time and to be a tedious and inglorious guerilla warfare. Sir George Cathcart's policy and programme for securing the advantages already gained and preventing the recurrence of Kaffir wars were somewhat comprehensive. They were A COMPREHENSIVE POLICY 451 formulated, partly in England, before he could have knbwn C**AP much about South African affairs. He saw the imperative necessity of compelling Sandilli and the Gaikas to cross and remain beyond the Kei and, incidentally, to reward the faithful chiefs and to look upon Umhala with suspicion. The Amatola mountains, from which all natives were to be expelled, were to be the homes of a large number of Swiss military settlers — a mountainous and industrious people, who, it was thought, would form a prosperous colony in those parts. Further, when the more northern regions, those of Tambookieland, were settled, Sir George hoped to induce many of the Boers in the Orange River Sovereignty to return to the colony and to take up farms there. The country from which Seyolo and Stock were to be driven, namely, that including Middle Drift and Line Drift was to be given to Kama, who was to be brought from the location which he had formed at Kamastone near Whittlesea. The first step towards bringing all this about was to be the establishment of a kind of block house system in the difficult and dangerous areas. He therefore proposed the building of defensible towers of a cheap character in such places as the Waterkloof and the Tamacha, on the road from King William's Town to Line Drift. Then, as he considered that the frontier inhabitants relied too much for protection of person and property on military aid — duties which devolved upon themselves — and as the numerous levies were expensive and inefficient, he devised a rural European police which was to be composed of some of the inhabitants of the disturbed areas. These were to patrol continually and assist in the capture of stolen stock and generally to be at the disposal and under the orders of the civil commissioners of the different districts. A move such as this had been in the mind of Sir Harry Smith, but it had been prevented from being brought into being by the out break of war. It remains to be seen now how much of this was accomplished. An obviously necessary preliminary in dealing with the Kaffirs was to announce to their chiefs his arrival and his sentiments towards them. On April 1 2th, he sent to Col. Maclean a message " to the chiefs between the Kei and the Keiskamma " telling him that he had come 452 THE NEW GOVERNOR'S MESSAGE TO KRELI CHAP, among them to do them good and that he would continue to XL do so as long as they permitted it ; but that Sandilli and other rebels must go beyond the Kei. Col. Maclean, at Fort Murray, called a meeting of the chiefs. There were Pato, Cobus, Siwani, Toise, Umkye and Jan Tzatzoe. Umhala was conspicuously absent. After hearing the message, the chiefs " thanked for the word " and made such observations as they considered the occasion called for. Pato entirely approved of the Gaikas being driven beyond the Kei and of the military posts being erected in the country which they vacated. But he feared that when the tribe was broken up, many of them would go and live among the well-behaved Ndhlambis. He himself was willing to give up any who should do so. Cobus' words " are the same as my brother Pato's." Siwani had always told Maclean that he would bleed in defence of the Govern ment and that he would keep true to his word. Toise ap proved of the Gaikas being driven out of the country but feared their going among the Ndhlambis. Umkye and Tzatzoe were of the same opinion. Two days afterwards, while the above mentioned chiefs were still . at Fort Murray, Umhala with forty followers in somewhat warlike array arrived. He advanced to Col. Maclean with bold familiarity and effrontery and offered his hand. The Colonel refused it and in pretty direct language upbraided Umhala for his behaviour. In the end, the chief assumed a less offensive bearing and after " thanking Smith for taking him out of the bush " expressed his gladness that the Governor and Maclean had opened his eyes. To Kreli, the Governor sent a message which was not inordinately conciliatory. " I find you are still my enemy," he said, " and that I am at war with you because you have not yet paid the fine of cattle imposed upon you for taking part in the wicked rebellion of Sandilli. Now know, that unless you pay all the fine demanded of you to Col. Mac kinnon at King William's Town within say one month from the day you receive this message, I will immediately let loose upon your country numerous commandos of many thousands of burghers, to whom I will give licence to eat you up and take away as many of your cattle as they please. THE NEW GOVERNOR'S EXTENSIVE TOUR 453 I require you to receive Sandilli and all the Gaikas into c^p- your country." Having thus set himself right with the Kaffir chiefs, the next step of the new Governor was to visit, and make himself acquainted with, their country — to him as yet quite unknown. He made an extended tour of observation in the Amatola country and its mountains and with the information thus gained was able, in pursuance of his block house policy, to select suitable places for the erection of his towers. These were to be indications that the country was to be permanently occupied by Europeans and further he visualised townships being established in their vicinity and under their protection. Little time was lost in commencing them, for before this three weeks' tour was finished, a stone tower called " Castle Eyre " was built in Keiskamma Hoek. It was fifteen feet square and con sisted of two stories with a flat roof which provided emplace ment for a swivel gun. With a garrison of ten men, a musket fire could command a rayon of two to three hundred yards, while the gun on top would make itself felt at a distance of six hundred yards.1 These travels gave him the satisfac tion of reporting that Cols. Eyre and Michel, each with a thousand men, were in complete command of the Amatola mountains ; that though very many Kaffirs were still ensconced in the deep kloofs and forest recesses, none of them could show themselves with impunity. By far the greater trouble and danger lurked in the Waterkloof and Kroomie mountains, where Maqomo still held his own. Sir George Cathcart, therefore, on his return moved from King William's Town and made his headquarters at Fort Beaufort. At this time a complete change in the Home Government took place. Lord John Russell resigned the Premiership and Lord Derby took his place. But of greater interest in South Africa was the fact that Earl Grey, in whose keeping the welfare or otherwise of this country had been for so long, 1 According to this scheme, there were to be eight such towers — two in the Waterkloof, one at each of the following places, Tamacha (on the road from King William's Town to Line Drift), at Line Drift itself, at Middledrift, one in the Amatola mountains and one on Mount Macdonald, near Fort Cox. The cost of each was to be ^162 10s. 2d., that is ^1,300 is. 4d. for the whole set. 454 THE GOVERNOR'S ACCOUNT OF HIS TOUR CHAP, gave way to Sir John Pakington, the member for Droitwich, ' an able and active man of varied interests. This new colonial officer had perhaps justified his appointment by the interest he had taken in inquiries into the state of Newfoundland and the prospects of coffee and sugar in the West Indies. At this time, he was in charge of a Bill for granting a representative government to New Zealand. Nearer to home he was interested in the more speedy punish ment of juvenile offenders, the prevention of the sale of intoxicants without a definite rating qualification and other good and wholesome measures. But he considered that the introduction of the penny postage was a most unworthy pander to popularity. To this new Secretary of State, the new Governor, in a despatch, dated May 20th, gave some account of this tour. It is curious reading. It is somewhat that of a discoverer, having seen the strange and unexpected features of an unknown country, describing them to one at a distance to whom also they are new and likely to be received with astonishment and delight. One wonders whether it must have been a revelation' to the Colonial Secretary, new as he was, to learn that " the country is inhabited by clans of a remarkable race called Kaffirs " that " they call themselves Amakosa " and that " ama indicates the plural of a Kaffir noun." It certainly was a matter of astonishment to the colonists, in view of the failure of all the treaties, to learn that " this remarkable people have a strong sense of a moral obligation and a good faith, and if they enter into any engage ment at all, are seldom found to promise one thing and do another." Not greatly concerned with these changes in high office, " these remarkable people " and their Hottentot allies pursued their evil ways. But in this a new feature presented itself. The Hottentots showed themselves disposed to act entirely independently of the Kaffirs and to exceed them in the violence of their acts of robbery and bloodshed. Uithaalder, the rebel Hottentot leader, in a letter to Mr. Fynn, dated May 25th, for transmission to the Governor said : "If your Excellency wished to speak to us, it is practicable, because our hostilities are distinct from those THE KAFFIRS LESS INCLINED TO FIGHT 455 of the Kaffirs." It must have been some satisfaction to the c^p' Governor to know this, as it made clear the dual native problem before him. The new officer in command of the troops operating east of the Keiskamma was Maj.-Gen. Yorke, who had arrived a short time previously. Maj.-Gen. Somerset was still commanding the ist division along the frontier and west of the Keiskamma. This however, was not to last long, as rumour, for which there was good founda tion, said that he was shortly to leave South Africa for pro motion in India. Maj.-Gen. Yorke tells us that, on assuming the command, he found both men and horses, especially the cavalry, so worn out by their work in the recent actions, that some pro longed rest was necessary before they could do anything further, albeit there was other adequate force to see that the enemy had no rest. On April 17th he was discovered to be in strong force on the rocky heights near Fort Cox. They were dislodged at the point of the bayonet when eight were killed. Then a feigned retreat on the part of the troops drew forth the enemy from his hiding place and the 60 Rifles who had lain in ambush made another charge, killing twenty and drove several over the high precipices. But actions such as these were becoming less and less fre quent. The Kaffirs were showing every disposition to cease fighting. Many were forsaking their haunts and fastnesses and going beyond the Kei ; while very many others were dispersing themselves among the friendly and loyal tribes. Both of these moves were desired by Sir George Cathcart. According to his view, these were to be the panacea for all the troubles. But the colonists and those who knew the natives better, looked with apprehension on this mingling of hostile Kaffirs with friendly, or so-called friendly, ones. In this, they saw the seed of further trouble at no distant date. Sandilli was said to have only about twenty followers. But Maqomo, in the Waterkloof, still had a large following. Many of Stock's hostile people dispersed themselves among Pato's and Seyolo's joined Siwani. Seyolo himself made overtures for peace, but the Governor told him that he could not listen to him or to any other rebel chief until he was beyond the Kei. The only Kaffir chief who yet remained 456 HOTTENTOT DEPREDATIONS CHAP, to be brought to heel was Kreli. His time however, was "5CT ' not far distant. With the Kaffirs thus tending to withdraw from the conflict, the last stages of this war became practically a police problem of dealing with the marauding and murder ing Hottentots. With undiminished daring their operations were carried on over such a wide area that there was no knowing when and where the next outrage would be com mitted. In the colony, there was scarcely a road anywhere through bushy country which could be travelled without fear of robbery and murder. The extensive Addo bush afforded much cover for the highwaymen, who attacked and robbed almost every waggon which travelled upon the road through it to Port Elizabeth. The cattle remaining on all frontier farms was liable at any moment and with possible loss of life of the owners to be laid under contribution to provide for these miscreants and thus prolong the war. In May and June (1852) they were particularly active. On May 1 5th a party of about fifty attacked the isolated farm of the Claytons, near the mouth of the Fish River. Two of the sons with a man named Elliott had gone from home to gather wood. The Hottentots came upon them suddenly and shot them before they had time to defend themselves. The murderers then went to the homestead, where lived the old father, two daughters and an invalid son. The house was forcibly entered and everything portable, clothing, blankets and money was taken away. Also two hundred cattle and some horses were driven from the farm. Not even mission stations were respected when loot tempted — as the Wesleyan mission station of Mount Coke, about eight miles from King William's Town, learnt to its cost. At midnight on June 2nd, a party of Hottentot banditti galloped up to the mission buildings and fired a volley into a camp of the leaders and drivers of some ox waggons which were en route to King William' sTown from East London and were outspanned there. Four of the men were killed outright. The Hottentots then drove the cattle out of the mission station kraals and cut loose those still attached to the waggons. The mission natives (Kaffirs), alarmed at all this firing, rushed out to defend the station and their property. A running fight THE ABDUCTION OF TOISE 457 with the robbers took place, when eight of the school people CHAP. were killed and eleven were wounded. Six of the enemy were known to have been killed, but sixty head of the mission cattle were added to the Hottentot commissariat. A more extraordinary case of Hottentots attacking Kaffirs was that of the abduction of Toise, a Ndhlambi chief, who, like Pato, had been loyal throughout the war and had thus brought upon himself the displeasure of Sandilli and the rebel Hottentots. Toise's kraal was at the Nahoon (Xaruna) river, about ten miles east of the present East London. A little after sunrise on May 25th, thirty mounted Hottentots and twenty on foot, all under the leadership of a deserter sergeant of the Cape Corps, approached the place and surrounded the small collection of huts which formed Toise's township, so to speak. Some of the Hottentots seized Toise while others stripped his wives of their blankets and left them naked ; others again emptied the milk sacks and seized the cattle, sixty head of which and two horses were driven off. There were only eight men on the place at the time, so that any attempt to offer resistance would have been futile and would certainly have led to bloodshed. Toise was told that he was to be taken to Sandilli to answer for having assisted the English in giving them information and guiding the troops over the Kei. With the prisoner, the party moved off in the direction of King William's Town, to a place where the rebel Hottentot leader, Uithaalder, had formed a kind of camp. As they went along, they were joined by Kaffirs — Ndhlambis — who resented their chief being treated in this manner and showed a disposition to rescue him ; but Toise, fearing that any such move would result in his being shot by his Hottentot escort, prevailed upon them to desist. On his arrival at the Hottentot camp, Toise was told by Uithaalder that the arrest had been made by the order of Sandilli and that he (Toise) was to be put to death. Anta, Sandilli's brother, who was then at the camp, confirmed this and added that he wanted also the blood of Siwani and Col. Maclean. Some remaining qualms of conscience forbade these particular Hottentots to approve of the murder of Toise without some investigation into the charges against him. He was therefore placed in a hut which was strictly 458 DARING HOTTENTOT ATTACK CHAP, guarded. But pending the investigation, the Hottentots connived at his escape and thus Toise got back safely to his place. It was as well that this was done, for Col. Maclean, on hearing of this, advised the Ndhlambis to raise the war cry and take matters into their own hands. The Ndhlambi chiefs met and sent a message to Sandilli asking him what he meant by this. In answer, he told them that he knew nothing about it and that the act was altogether that of the Hottentots. Thus the matter ended. A more serious affair, one characterised by greater Hottentot daring and consequent bloodshed, was an attack on some waggons which were passing along the road from Grahamstown to Fort Beaufort. Just before daylight on June 13th, five waggons left Fort Brown on the forward journey. The foremost was drawn by mules, the remainder by oxen and the convoy was escorted by thirty-three sappers and miners. Having crossed the bridge over the Fish River, where the Koonap joins it, and having commenced the long ascent up the Koonap Hill, the cavalcade, moving leisurely along in fancied security, was suddenly brought to a standstill by a quick succession of volleys which were fired into it from the bush on both sides of the road. The mules of the first waggon were soon lying dead and thus blocked the road, and almost simultaneously, the soldiers commenced to fall. The total casualties were seven men and one woman killed and eleven men wounded. For a time, a furious fight ensued, but as the enemy, some of whom were wearing Cape Corps uniforms, was being reinforced from the adjacent bush and the small number of defenders was diminished by the casualties, it was. felt expedient to retire as speedily as possible to a deserted house which had been an inn, kept by a widow Tomlinson and known as " Tomlinson's post." The windows had already been bricked up and loop-holed. So here a refuge was found until help arrived. The waggons and oxen, most of which had been killed, and also the dead and wounded had to be left for a time. The firing was heard at Fort Brown when an armed party moved to the place ; also one of the men made his way to Fort Beaufort and re ported what had happened. But nothing came of this, for when the assistance arrived the Hottentots had taken all UITHAALDER'S HEADQUARTERS ATTACKED 459 they wanted from the waggons and were then probably at a CHAP. distance seeking further loot. The chief stronghold of the rebel Hottentots — the head quarters of Uithaalder — seems to have been a secluded part in the mountains at the source of the Buffalo river, in the vicinity of Murray's Krantz and at no great distance from King William's Town. Uithaalder is said to have had six hundred rebels at his beck and call, though probably many more were scattered over the country and committing such crimes as those recorded. To this stronghold, the Governor turned his attention and ordered its attack by Maj.-Gen. Yorke. On July 20th, therefore, two columns, one approach ing the place from the north, the other from the south, sur prised and dispersed the horde, though not without loss of life ; some were shot while others were driven over the high precipices and killed. As usual some of them were wearing Cape Corps uniforms and some of the property and Minie rifles which were recaptured were recognised as having been taken in the Koonap affair. But Uithaalder was not captured. A little later, Sir George Cathcart offered a reward of £ 500 to anyone who arrested or killed him. This reward, however, was never claimed. At this time, according to the investigation and report of Mr. J. C. Chase, the Civil Commissioner of Uitenhage, there was a conspiracy of rebellion among the Hottentots of the mission station of Bethelsdorp. So that, unlike the Kaffirs, the Hottentots were showing no signs of giving in. The problem of the war at this stage, therefore, became that of protecting the frontier colonists from their ravages. This was in a large measure solved by the following expedients. Maj.-Gen. Somerset established some temporary military camps at places which commanded large areas of surrounding country, such as Governor's Kop and Fraser's camp on the hills of Albany, and also at places near bushy fastnesses which afforded hiding places for thieves, such as Niemand's Kraal near the famous Hell Poort. In conjunction with these, Sir Geo. Cathcart caused a rural police to be organised. The civil commissioners of Albany, Somerset, Cradock, Albert and Victoria were instructed to select a hundred men from each of their respective districts. These were to serve for 46o DEPARTURE OF MAJ.-GEN. SOMERSET CHAP, six months in continually patrolling all parts of their own districts, in keeping a watchful eye on all Hottentots and in assisting in the recovery of the property they had stolen. They were all to be Europeans and to replace the expensive, somewhat useless and certainly suspicious native levies. Their pay was to be five and six per diem ; not a princely salary, considering that they had to provide their own horses and equipment besides rations and forage — ammunition only being supplied by the Government. This force after a time proved to be an efficient protection for the frontier farmer. Matters moved slowly, however. There were no military movements on an extended scale, though there were many small affairs between detachments of troops and the enemy with loss of dife on both sides. It became a slow, inglorious and withal very expensive campaign. In spite of all the labours and loss of life in the Waterkloof mountains, matters here were still in statu quo. Maqomo with very many adherents still held out and smiled at the failures to dislodge him ; and Kreli, apparently reckoning on the little progress which was being made, was not only more than careless in paying the fine which had been imposed upon him by Sir Harry Smith, but was still pursuing the course of which that fine was one of the results. At this time, when, for the solution of the country's difficulties, men experienced in Kaffir warfare were abso lutely essential, the one official who had, so to speak, been in the saddle continuously for over thirty years fighting Eastern Province battles, was called upon to leave and proceed to India. Maj.-Gen. Somerset, who had been on the frontier since 1817, and had held responsible commands in the Fetcani affair of 1828, the Kaffir wars of 1835, 1846 and now 1850, was promoted to the staff of the Army in India, and was at length to sever his long connection with South Africa. It may have been a good thing for General Somerset personally ; it was certainly not less than the reward he deserved for his long and arduous service in South Africa. But under the circumstances, one who knew so well the characters and dispositions of the colonists, British and Dutch, the Kaffirs and the Hottentots, could ill be spared. Speeches at public dinners and addresses testified un- \ m .^"'^K. | ¦ '1: \' Kaffirs on Murray's Krantz KRELI TO BE SUBJUGATED 461 doubtedly to the sincerity of the regret and concern of all at CHAP. his departure and gratitude for the very many years of XL service performed under every vicissitude of difficult country, bad weather and dangerous enemies. He became afterwards Sir Henry Somerset, Governor of Bengal. Another loss to the country by death at this time was that of Major Hogge, one of the Assistant Commissioners. Long exposure to bad weather while travelling about, in his official capacity, in the Sovereignty and Basutoland, brought on a fever which very soon terminated his career. He died in Bloemfontein on June 9th. At this stage of these troublous affairs, Sir George Cathcart considered that the time had arrived for chastising the distant agent whose malign influence had operated to such a large extent in encouraging Gaika obstinacy and Hottentot rebellion. The subjugation and humiliation of Kreli were obviously necessary steps towards counteracting this and bringing the war to an end. All the more so as the Governor had sent a letter to Kreli demanding the pay ment of the fine which had been imposed by Sir Harry Smith and also that he should call into his own territory the belligerent chiefs in British Kaffraria. Kreli's answer to these demands was the return of the Governor's letter. That there should be no doubt about the success of the movement against the contumacious chief, not only was every arm of the forces at the Governor's disposal, regular troops, paid levies and enrolled Fingoes, to be employed, but again an appeal to the burgher population for their co-operation was made. By a proclamation of July ist, he called upon the burghers of all the Eastern districts, including Graaff-Reinet and Colesberg, to assemble at the Imvani on August 6th, and there join the other forces. As an inducement, they were promised that all the cattle they captured should be their own property. But as all burghers, clearly, would be unable to go, those who remained were asked to support those who did by money contributions or such equipment as horses, saddles and guns. This appeal met with considerable success. Grahams town and district sent 161 men, chiefly sons of 1820 settlers, and £1,732 17s. 6d. cash, besides horses, saddles and guns. 462 EXPEDITION AGAINST KRELI CHAP. Port Elizabeth sent men and £1,536 in subscriptions. In XI' the same manner, though to a less extent, Uitenhage, King William's Town, Somerset and even far away Swellendam gave their help. In Cape Town, the Lieut.-Governor brought the matter before a public meeting, when £932 were collected before the meeting dispersed. The circular he issued to the Western civil commissioners produced much more. Graaff-Reinet stood out conspicuously in doing nothing. So apathetic were all, that no public meeting was called and neither men nor equipment left the place. At the appointed place, the Imvani, and on the appointed day, August 6th, all the forces, with their long cavalcade of waggons, met the Governor. He was quite satisfied with the number of burghers who presented themselves. As there was a scarcity of wood and water at the Imvani and, in other respects, that place was considered unsuitable for the very large camp which had to be formed, a movement was made, through Bram Nek, to the Bolotwa, about six miles distant, where wood, water and grass were all that could be desired. At that place, as a depot and protection for the oxen and empty waggons, a large square stockade consisting of bush and having bastions at the four corners was quickly con structed. All remained there until the ioth. Kreli must have heard of the formation of this camp, for on the 9th two mes sengers arrived there and sought to learn the reason for this hostile force assembling so near to his country. They were told that as Kreli had refused to pay the fine of cattle, the troops now were going into his country to take all they could find ; that he was to be punished for his treachery and for the insult he had offered to the Governor by sending back his letter. Their answer to this was that Kreli did not know he had to keep it. Leaving sufficient protection for the camp, the force moved off on the ioth towards the Kei, nine miles distant. That river was crossed at the Sabolela drift without any opposition — not a single Kaffir was in sight — and another camp on the far side was formed. The next day, the march was continued into Kreli's country. At one place, in the distance, about five hundred Kaffirs on foot and fifty on horseback were seen, but they allowed the force to pass unmolested ; in fact, during the whole of this expedition, the SUCCESS OF THE EXPEDITION 463 Gcalekas showed no fight, but just permitted the troops to CHAP. seize cattle as they liked. The affair thus truly became a " Smithfield market cattle drive." Continuing the march, the force arrived at a beautiful and fertile valley. Situated in this, was Kreli's citadel, but neither the great chief himself nor any of his people were to be seen. Having burnt all the huts and destroyed the place, the troops moved on. They were then divided into two columns with orders to patrol, without tents or baggage, in different directions and to seize all cattle. One division under the command of Lt.-Col. Michel moved off towards Butterworth, while the other under Lt.-Col Napier went in the direction of the Tsomo. On the 17th, Col. Michel's column returned to the Sabolela drift with 1,300 cattle. On the 20th, Col. Napier came back with 8,000 cattle and 100 horses. Together with some other captures, the total number of cattle obtained was 9,800. As this number was so much larger than the fine Kreli had to pay, namely 1,500, Sir George Cathcart thought they had done enough and that Kreli had been sufficiently punished. He therefore ordered the return of the troops. It had been, comparatively speaking, a bloodless affair. In Col. Michel's column one of the Royal Artillery was killed and one King William's Town volunteer wounded. In Lt.- Col. Napier's column the only report was "shot several of the enemy." On the return march, the Governor left Col. Mackinnon at the Bolotwa camp to conduct the distribution of the captured cattle. On the 21st (August) that camp was broken up. The regular soldiers were sent back to their respective stations and the burghers, after what must have been more of an enjoyable picnic, for the weather was fine, were dismissed to their homes, the richer by a number of cattle. As will be seen, this expedition had the desired effect upon Kreli and was thus a good step towards the end of the war. Affairs thus far satisfactorily settled in that quarter, Sir George Cathcart, on the principle of doing one thing at a time and doing it well, turned his attention to and concen trated his forces upon the ever present Waterkloof problem. Maqomo with his still considerable following of Kaffirs and Hottentots, in spite of all the attacks upon those fastnesses, 464 EXPEDITION AGAINST MAQOMO CHAP, yet defied all the movements to dislodge him. Now another ' attempt was to be made. It was to be on such a scale as should admit of no doubt as to its ultimate success. To this end over three thousand men were soon under orders to endeavour to make a final clearance of the Kroomie range of mountains. This force consisted of detachments of the 91st, 73rd and 74th regiments, Royal Artillery with four guns and rockets, the 60th Rifles, the Rifle Brigade, the C.M.R., Lakeman's Volunteers,1 a mounted troop from Graaff- Reinet, the Kat River Levy and Fingoes. The whole of this force was divided into four columns so as to attack the mountain fastnesses simultaneously from four different directions. On September 15th, each body of men was at its appointed place and then commenced a most active hunt which continued during three days and nights. In small detachments they scoured kloof and krantz in every direction and searched every cavern and possible hiding place. Many of the enemy were seen, but they shewed a greater disposition to escape than to fight. Thirty-six were known to have been killed and 168 women and children found in hiding among the rocks and bush, were captured. On the side of the troops there does not seem to have been any casualty. According to the report of the Governor, this short, sharp action completely cleared the Kroomie mountains. Uithaalder was said to have fled in the direction of the Orange river, while Maqomo and Sandilli each with a few followers sought shelter in the more distant Amatola mountains. The flight of the dislodged natives into the extensive country contiguous to those mountains, really the Gaika country, necessitated the equally thorough clearance of those parts. To this end, therefore, Col. Eyre with a force of 1,064 men and with the further assistance of 706 rank and file which were stationed at the Keiskamma Hoek post, scoured, during the course of three weeks, all the mountains and country from the Kabousie Nek to the Debe flats detaching small parties to drive out the remnant of the enemy from the Seven Kloof Mountain, 1 This was a body of a hundred men, who were recruited in Cape Town and supported entirely by Capt. (afterwards Sir Stephen Lakeman). They were embarked on the Styx, and arrived in East London in time to take part in this push. MEETING OF LOYAL CHIEFS 465 the Quilly Quilly, Mounts Macdonald and Kempt and the CHAP. Perie bush. By one of these patrols, Sandilli would have been caught, had not his swift horse carried him into an adjacent forest into which the pursuers feared to enter. The continued perambulation of this territory resulted in the complete dispersion of the warlike and powerful Gaikas, who had been expelled from fastnesses which they considered impregnable and who now were scattered as suppliants among other tribes. Sandilli fled over the Kei, but Maqomo consistent in his obstinacy, still lurked in some hidden recess in the Amatolas. During these operations, 26 Kaffirs and 3 Hottentots were killed, and 165 cattle, 61 horses, 120 goats and 9 muskets were captured. And several huts were destroyed. As has been stated, the Governor's policy of permitting the expatriated Gaikas to disperse and live among other tribes created dissatisfaction and concern among the frontier colonists. Even his Assistant Commissioner, Mr. Owen, expressed his disapproval of it. Probably on account of semi-starvation among these people, there was a recrudescence of stealing and violence, thus indicating a ground for appre hension. That he might impress upon the chiefs of these ostensibly loyal and peaceable tribes their responsibility in maintaining order, the Governor called on October 6th, a meeting of them at Fort Murray, about seven miles from King William's Town. There were present Pato, Cobus, Toise, Umhala, Umkye, Tzatzoe and Siwani. Seyolo, the remain ing chief, for his own good reasons, was absent. In a short speech the Governor praised them for their steadfast loyalty and compared the prosperity and happiness they enjoyed with the misery which the Gaikas had brought upon them selves by their wickedness. He told them that he held them responsible for the actions of the people who had joined them, that there must be no stealing nor firing on waggons, and that they were to drive away any of the proscribed chiefs should they venture into those parts ; especially were they to refuse to harbour Xaimpi, the murderer of the people of the military village of Auckland. He emphasized the expediency of listening to, and being guided by the advice of their best friend, Colonel Maclean. Each chief in turn vol. v 30 2H 466 SURRENDER AND IMPRISONMENT OF SEYOLO CHAP. " thanked for the word " and expressed a determination to XI' do as he was desired. It should be mentioned that at this time Col. Mackinnon resigned his office of Chief Commissioner of British Kaffraria and Col. Maclean succeeded him. The success of the troops in the different directions, the clearance of the Waterkloof and the Amatolas, the capture of the great herds of cattle from Kreli and the sight of the new military posts dominating their late strongholds could not but impress upon the enemy the uselessness of further resist ance. Seyolo, who had been one of the most active in the war from the beginning, at last gave up. At daylight on October 9th, accompanied by forty attendants, he was seen to approach Fort Murray. Col. Maclean went forward to meet him. Seyolo handed to him his gun as a token of sur render thinking apparently that this was all that would be required of him. To attempt to seize him then would have been a failure as his followers kept close to him, and though they appeared unarmed, they had assegais hidden under neath their blankets as was discovered. By a stratagem of persuading him to go nearer to the fort to hear a document read, he was seized and put into the fort as a prisoner. He made no resistance. He acknowledged his guilt, but blamed Sandilli for drawing him into a war which he did not think would last so long. On the whole, his repentance seemed sincere, but it did not save him from the punishment which was his due. He was conveyed to Grahamstown and im prisoned in the building in the Drostdy which had had the honour of holding Sandilli in 1847. On November nth, he was brought before a court martial, tried and condemned on a charge of rebellion and sedition, to be shot. But in the same breath, this was commuted to imprisonment for life. With his chief councillor, he embarked on the Styx at Port Elizabeth for Cape Town, and on his arrival there was conveyed to the town prison. The unhappy plight of the Gaikas and the imprisonment of Seyolo had due influence upon Kreli. In October, realising that now he had nothing to gain by siding any longer with the enemy, but probably much to lose, he sent to Col. Maclean, as a kind of propitiatory sacrifice, 122 KRELI ACCEPTS THE GOVERNOR'S TERMS 467 head of cattle as part of the long overdue fine, together with CHAP. the promise that more should follow. He kept his word, for by February ioth, 1853, a total of 629 out of the 1,500 had arrived. He then pleaded, in consideration of the large number of cattle which had been driven away when the troops invaded his country, that the Governor would be satisfied with these as full payment of the debt. Further, he expressed his earnest desire for peace and pardon for the part he had taken in the war and, in token of his submission, sent a bundle of assegais. As the Governor was anxious, consistent with the dignity of British prestige, to seize upon any opportunity of bringing the war to an end, he professed a belief in Kreli's sincerity, cancelled the debt and dictated certain terms upon which peace and amity between Her Majesty and Kreli would be re-established. These were communicated to the chief by Col. Maclean. They were that Kreli must recognise the Kei-Indwe line as the western boundary of his country, that he must restrain and punish all who disturb the peace in the lands which were allotted to the Tambookies and others west of the Indwe ; that he must be responsible for the security of the lives and property of the British subjects who settle in his country with his permission and that he must restore any stolen property which should be driven into Gcaleka territory. To this he agreed. A proclamation to this effect therefore was issued on February 14th, 1853. Thus the war as far as Kreli was concerned, came to an end. Peace with the Gaikas soon followed. Worn out from being driven from place to place and in compliance with the Governor's demands, Sandilli with his associated chiefs, even including Maqomo, crossed the Kei. Anxious then for a cessation of this bloodshed and devastation, but afraid to appeal directly to Col. Maclean, he sent two messengers to Pato, asking him to act as inter mediary. Pato did so. Col. Maclean brought the matter before Sir George Cathcart, who welcomed this overture. As the Gaikas had been driven from the Amatolas and the country they had occupied, and as a sufficient punishment had been inflicted upon chiefs and people, he felt justified in extending to them the Royal mercy and pardon. But they were to understand that they could never again be allowed to 468 PEACE WITH THE GAIKAS PROCLAIMED CHAP, occupy the Amatolas and that their country was forfeited to ' the Crown. Another portion of British Kaffraria, however, further removed from the Colonial frontier was allotted to them. It was " the country between the Kei and the great north road to the Windvogelberg and bounded on the north by the Thomas river and in the south by Umhala's territory." Sandilli was to hold himself responsible for the good conduct of the people under him and also for the security of the great north road and the safety of the property of the travellers who frequented it. To these terms Sandilli agreed. A pro clamation, therefore, announcing peace with the Gaikas was issued on March 2nd. As the Gaika chiefs were now pardoned and restored to grace, the Governor could meet them as friends. He did so on March 9th, at the Yellow woods, about seven miles from King William's Town. Having read to them the proclamation of March 2nd and expressed his pleasure at being able once again to greet them as subjects of the Queen, he gave them the usual good advice and invited any of them, who wished to do so, to speak. Maqomo spoke for all. He thanked the Governor for " taking them out of the bush " and pointing to Sandilli, said that is the young man who has erred and has now been punished. He complained that the new territory which had been assigned to the tribe was too small and hoped the Governor would represent their case to the Queen. This was promised and the meeting ended. Thus commenced, for a time only however, a period of Gaika calm. The suppression of violence among, and the subjection of, the Hottentots was a more difficult matter than in the case of the Kaffirs, as they were not banded to any chief by loyalty or tradition. Uithaalder and Brander were merely temporary brigand leaders and were no authorities who could speak for, or be spoken to, or in any way represent the Hottentots in peace negotiations. At this time, moreover, they were abandoned by their followers, or perhaps more correctly, these leaders deserted the cause when they found it expedient to hasten across the Kei with all possible speed. At the same time the expelled Hottentots fled to the Fish River bush, the Zuurveld mountains and other parts of the Colony. Thus they became independent gangs of hooligans OUTRAGES BY HOTTENTOTS 469 who, probably driven to desperation by starvation, were CHAP. prepared to go any length of bloodshed in the perpetration of their robberies. As an open enemy they were despicable, their strength lying in the difficult and bushy country and the cover which night gave to their operations. There was no knowing where and when the next outrage would be committed. After dark, on one evening in November, 1852, Mr. James, a farmer living near Post Retief, heard his dogs barking furiously. His servant went out to find the cause and was instantly shot dead. Hearing the report of the gun, Mr. James himself went out, and, in a moment, he also was lifeless. The infamous Speelman Kievet with a party of about thirty Hottentots then rushed to the house, some entering while others commenced to put firebrands to the thatched roof. Mrs. James frantically implored them to spare the lives of herself and her children and take anything they liked from the place. The miscreants took everything they could find, food, ammunition and clothes, even the bed-clothes, besides driving off 90 cattle and four horses. The next morning Mr. James was found lying dead with five gunshot wounds and his head smashed. One morning, about this same time, Capt. Hearn, who was in command of the camp at Driver's bush, about twelve miles from Grahamstown along the Peddie road, went forth on his daily patrol. He allowed his men to go some distance ahead while he with his servant and a Mr. Reilly, the chief constable of Peddie, followed leisurely. Those remaining in the camp were soon surprised to see two riderless horses galloping back. One of the men went out to search for the missing captain and had not gone far when he was captured by Hottentots who were in hiding in the bush. He was stripped naked, driven into the road and shot dead. The bodies of the officer and his two companions were found shortly afterwards, evidently having been killed by the same miscreants. Without unduly lengthening the list of the attacks on isolated farmhouses, of waggons stopped and robbed and of other outrages which took place at the end of 1852 and the beginning of 1853, the following may be mentioned. In the Oliphant's Hoek district, a farmer with his two sons was at some little distance from his house 470 THE FRONTIER ARMED MOUNTED POLICE CHAP, engaged, unarmed, in harvesting operations. Suddenly they XI" saw a gang of Hottentots surround and enter the house. The guns and ammunition were seized and all else they could carry away. In their defenceless condition, the des poiled could do nothing but look on and bear the sight with all the equanimity they could summon. The career of these banditti however was drawing to a close, for the rural police was proving a great success. Under the very able command of Commandant (afterwards Sir) Walter Currie, it became the Frontier Armed Mounted Police (the F.A.M.P.) and was as effective in preventing cattle stealing as any body of men which ever undertook to protect the frontier. In the belief, which was probably well founded, that many of the Hottentots were led into these violent courses by fear and compulsion by their leaders, that they felt they had incurred the penalty of death, but would surrender if assured that their punishment would not be carried to that length, the Governor issued a proclamation on October 30th, to the effect that as there were probably many Hottentots, who have been guilty of rebellion, living in woods and other places in a state of starvation, who are sorry for their crimes and would return to their duty and allegiance were it not for the fear of the punishment of death, that any such who surrendered themselves to certain officers would have their lives spared. But exceptions were made in the cases of the leaders Uithaalder and Hans Brander, David Lovelot, the preacher, Speelman Kievet, Oerson Magerman, Klaas Love, William Brass and some others. Further, a reward of £ 50 would be paid to anyone who caused any of them to be brought to justice, and a pardon if the informer happened to be a rebel. The confessions of some of those who surrendered and of others who were sentenced to death, afforded much addi tional and interesting information concerning the Hottentots' part in the war. Speaking generally, they did not know why they had fought beyond that they had been compelled to do so by their leaders. Uithaalder was said to have had fifteen hundred men under him in the Amatolas. " I heard from Uithaalder," said Kievet Brander in his dying confession UITH A ALDER'S FATE tfl " that the war was in consequence of the Vagrant Law, but CHAP. to this moment I do not know what Vagrant Law means. ... I have been treated well by my masters in the colony, my only complaint is that I received no pay for my work on the out posts nor any of the prize money for acting as corporal during the 1846 war. ... I was the man who shot Mr. Castings at De Bruins Drift." According to their confessions *• the rebel ranks had been made up by people from the mission stations of Kat River, Theopolis, Bethelsdorp and Enon, besides pensioners of, and deserters from the Cape Corps. Their supply of gunpowder had been obtained from " friendly " (that is, ostensibly friendly to the colony) Kaffirs, who had taken stolen cattle in exchange. Hence when cattle captured from the colony became scarce in consequence of more and better protection, the "friendly" supply of powder dwindled. They acknowledged that there was much starvation, especially among their women and children. Hence the Hottentots welcomed this opportunity of bringing this terrible state of things to an end. Uithaalder was never captured. After wandering about for a time as an outcast and ignored by those whom he had led astray, he committed suicide. Hans Brander fled beyond the Bashee and died of wounds he had received in conflict with the police. Umlanjeni having, long before this, sunk into insignificance and held in contempt by those for whom he pretended to be able to do great things, died on August 28th, 1853- The restoration of peace and order in Tambookieland did not present any great difficulties. Mapassa was dead and very many of his people had been killed. As has been mentioned, with reference to their disposition towards the Government, the Tambookies were in two divisions. There were those under Mapassa who occupied roughly and very 1 Important confessions are those of J. Fortuin, on page 219 of Cathcart's correspondence : Job David to the Rev. Liefield, in Grahamstown Journal for January 22nd, 1853 ; Kobus Matross Journal, November 2nd, 1852, the dying declarations of Piet Draay, Philip Goliad and Kievet Brander, brother of Hans Brander, mentioned above — all tried before the Circuit Court in Grahamstown in February, 1852. Also a long and ex cellent confession in the Journal for December 4th, showing the transactions in powder and guns which went on between " friendly " and hostile Kaffirs — and rebel Hottentots. 472 REBEL TAMBOOKIES PARDONED CHAP sparsely what is known now as the Queenstown district, and XI" who seem to have been ever ready for rebellion and war with the colony ; and there were those under Umtikaka, who lived in the present Glen Grey district who were always loyal and at times took action against Mapassa's people on the side of the Government. Umtikaka died shortly before this time leaving as his successor, his son Joey, a minor. During his minority, Nonise, the widow of Gubencuka, became regent. She had no children of her own and adopted Joey, or rather, in accordance with Kaffir custom, the child was " put in her hut." When trouble in connection with this war threatened, Nonesi in order to safeguard her people from becoming embroiled, conducted the whole of them into the country beyond the Bashee. There they remained until Sir George Cathcart gave them permission to return and settle down in the track of country west of the Indwe since called the Glen Grey district. Towards the end of November Sir George Cathcart considered that the rebel Tambookies had been sufficiently severely dealt with, that they were humbled and were desirous to be allowed to live in peace. In view of the sentiment of the British taxpayer at this time, it was comforting to think thus. On November 22nd, he issued a proclamation offering a free pardon to all errant Tambookies who would reside as British subjects within the colonial boundary. The remnants of Mapassa's tribe might place themselves under the Umtikaka branch or any petty Tambookie chief they chose but it was to be understood that the name and independence of Mapassa had ceased. No Hottentots were to be allowed to dwell among them without special permission. For the further settlement of the country, definite boundaries were prescribed for the territory they were to occupy. It was practically the present Glen Grey district. Mapassa's country was forfeited to the Crown and was to be used for purposes yet to be mentioned. " There yet remained one rankling sore to be healed before it could safely be said that all was peace and that the maintenance of a large force could safely be dispensed with. I allude to the protracted state of petty warfare which existed in the Sovereignty between the dependants of the paramount Basuto chief Moshesh and a portion of the burgher population MOSHESH TO BE BROUGHT TO TERMS 473 bordering on his territory." 1 The ending of that state of CHAP. petty warfare was the chief object of the visit of the Assistant Commissioners, Major Hogge and Mr. Owen, to the Sove reignty in November, 185 1. In that interest they called upon the Basuto chief Moshesh to account for the outrages and robberies of cattle which had been committed by his subor dinate chiefs and people upon the burghers ; and they de manded compensation for the despoiled. In compliance with this, on February 15th, 1852, a promise in writing was given that stolen cattle and horses would be given up within fourteen days. But, when at the expiration of that time, the burghers assembled for the restoration, they found nothing more than another instance of Moshesh's faithless ness, neither cattle nor horses had been collected. Most probably there had not been the least intention of complying with the demand, for the stealing of cattle from the Boers and from those natives who were not in alliance with the Basutos continued throughout the year. Moshesh, all the time, pro fessed a desire for peace and threw the blame on his sub ordinate chiefs and others whom he declared he was unable to control. In the end Mr. Owen felt it useless to do anything further in the matter until an overwhelming military force entered the country, it was evident that nothing but physical force would bring Moshesh to terms. Sir George Cathcart knew quite well what was going on, but on his principle of doing one thing at a time, determined to wait until he could with safety withdraw troops from British Kaffraria for the purpose of invading Basutoland. Towards the end of the year he found he was able to do this. He entertained large views on the subject and did not consider that so small a force as the 600' troops with which Sir Harry Smith had entered the Sovereignty could duly impress the Basutos with the power and dignity of Great Britain. Sir George Cathcart therefore decided that 2,500 was a more fitting number, the sight alone of which would, perhaps, overawe Moshesh and compel him to do as he was ordered. This, as it appeared from evidence collected afterwards, was the more necessary as Moshesh had endeavoured to draw others * Despatch of Sir G. Cathcart to the Secretary of State, February, t853. 474 EXPEDITION AGAINST MOSHESH Chap, to his side, Moroko among them, by belittling England with ' such stories as that Kaffirs were winning everywhere, that, though soldiers were coming into the country from the sea, they were killed as soon as they arrived, and that the appear ance of troops in Basutoland was a remote contingency, if not an empty threat. On November 8th, orders were issued for detachments of the 73rd, 74th, 43rd and 2nd regiments, the 12th Lancers, Rifle Brigade and C.M.R., in all 500 cavalry and 2,000 infantry, with two guns, to concentrate at Burghersdorp on the 20th of that month. This force was in three columns. One marched from Fort Beaufort, another from Fort Hare and a third from Grahamstown, each with the usual encum brance of a long train of ox-waggons. The route was via Eland's Post (now the town of Seymour), Whittlesea and over the Stormberg. Burghersdorp was reached in eleven days. At some little distance from the town, the combined camp was formed. It must have been an imposing sight — in fact it certainly was so to the unsophisticated Dutch inhabitants of those parts, who went wild with delight at the strains of the " Doodle pipes " of the Highlanders. The tents were arranged in three straight lines, thirty paces apart and extended nearly a mile. A place in the centre was occupied by the Governor's fine marquee. The force had no less than 164 waggons ; these with their hundreds of oxen gave additional importance to the scene. The whole line formed by these and all the men when on the march was nearly six miles long. It was a pleasant surprise to all to find that Burghersdorp, though only a small village, could supply not only all necessaries, but even such luxuries as Crosse & Blackwell's pickles and Bass's pale ale ! Burghersdorp, at that time, apparently required but fewer dust storms and locusts to make it a really delightful place. There the force remained until the 28th, when the Governor and his staff having arrived on the previous day, the further move to the Orange River was commenced. Two days' march brought the force to Sand Drift, where, the water being low, the passage through the wide Orange River was made without much difficulty. In another two days, the Caledon River was reached. This also was easily crossed The GOVERNOR'S letter To MosMesH 4^5 by merely wading and on December 2nd, a camp was formed CHAP. on the far side. Arrived there, Sir George Cathcart sent messages to the chiefs, Moshesh, Sikonyela, Molitsani, Moroko and Gert Taaibosch, summoning them to meet him on the 1 3th at a mission station called Platberg, a place in Moshesh's country, about a hundred miles from the Caledon camp. After resting at that camp for a few days the journey was continued and a march of 101 miles in six days brought the force to Platberg on the 13th. Platberg was found to be a ruined and abandoned mission station. It had been inhabited by a small clan of Bastards under a petty chief, Carolus Baatjie, but, in consequence of these people having assisted Major Warden in his punitive expedi tions against the Basuto, Moshesh had driven them out. The only inhabitant found there at this moment was the Rev. Mr. Giddy, the Wesleyan missionary. His house and two small houses belonging to two European traders were the only buildings not in a state of dilapidation. At Platberg, a standing camp was formed. In answer to the summons of the 2nd, only David and Nehemiah, the two sons of Moshesh, who had been educated in Cape Town, appeared at Platberg. The Governor refused to see them. They said that if Mr. Owen, who was then in the camp, would return with them to their father, he -would be persuaded to visit the Governor. Accordingly on the morning of the 14th, the three set out, Mr. Owen carrying a letter from the Governor to Moshesh. In this, he stated that he had come to Platberg to meet Moshesh and other chiefs as friends, but he had to do justice whether by peace or war. " I have been told," he said, " that you are a great chief and a good man ; but I find that though you are a man of good words, you have not done what you promised," that since the promise " you and the people over whom you rule, even your own son Letsie, have been stealing cattle from your neighbours, even murders have been committed by them and this village (Platberg) has been plundered and destroyed. In short, the Basuto people under your rule have become a nation of thieves. ... I will not stop to talk, I demand of you ten thousand head of cattle and a thousand horses, to be delivered at this place within three days. If this is not done, I must go and take either 476 MOSHESH MEETS THE GOVERNOR CHAP, cattle or other things, and if resistance is made, it will then be war between us and then I must take three times the amount of cattle as well as kill many of your people. . . . Now chief, if you are an honest man, it is for you to pay the just fine — or else prepare for war, for on the fourth day I must bring you to an account." This letter brought Moshesh to the camp ; but probably not because he felt, in any measure, intimidated by it. For, as after events showed, he was prepared for the worst the Governor could do. His warriors in thousands were assem bling in the vicinity of his mountain citadel of Thaba Bosigo. On the 1 5th, a cavalcade of native horsemen was seen to be approaching the camp. Moshesh was at their head, riding on a fine horse and dressed in a blue jacket, gold-laced trousers and a comely forage cap. His escort consisted of about a hundred Basutos riding two and two. With due ceremony and in full uniforms, the Governor and his staff received them at the entrance of his marquee, over which waved the flag of Great Britain. After the preliminaries and the chief and his councillors had found the three tents which had been put up for their accommodation and had been regaled with plenty to eat and drink, the conference, the object of the meeting, took place. The official account is as follows. It was held in the Governor's marquee. With the Governor were his staff, the Assistant Commissioner and the Revs. Dyke and Casalis as interpreters. With Moshesh were some of his chief councillors. Governor : I am glad to see you and to make your acquaintance. Moshesh : I am glad to see the Governor, as since his arrival in this country, I have been expecting a visit from him which his letter to me in October last led me to expect. Governor : I told you in that letter, that I hoped to meet you in peace, and I still hope so, as I look to you as the great chief of this part. Moshesh : I hope so too, for peace is like the rain which makes the grass grow, while war is like the wind which dries it up, you are right in looking to me, that is in accor dance with the treaties. Governor : I will not now talk much, but wish to know THEIR INTERVIEW 477 whether you received my message yesterday, in which I CHAP. made the demand for cattle and horses. I have nothing to alter in that letter. MOSHESH : Do you mean the letter I received from Mr. Owen ? Governor : Yes. MOSHESH : I received that letter, but do not know where I shall get the cattle from. Am I to understand that the 10,000 head demanded are a fine imposed for thefts committed by my people, in addition to the stolen cattle ? Governor : I demand but 10,000 head, though your people have stolen many more, and consider this a just award, which must be paid in three days. MOSHESH : Do the three days count from yesterday or to-day ? Governor : To-day is the first of the three. MOSHESH : The time is short and the cattle many. Will you not allow me six days to collect them ? GOVERNOR : You had time given you when Major Hogge and Mr. Owen made the first demand and then you promised to comply with it, but did not. MOSHESH : But I was not quite idle. Do not the papers in the Commissioners' hands show that I collected them ? Governor : They do, but not half the number. MOSHESH : That is true, but I have not now control enough over my people to induce them to comply with the demand, however anxious I may be to do so. GOVERNOR : If you are not able to collect them, I must go and do it ; and if any resistance be made it will then be war, and I shall not be satisfied with 10,000 head, but shall take all I can. MOSHESH : Do not talk of war, for, however anxious I may be to avoid it, you know that a dog when beaten will show his teeth. GOVERNOR : It will therefore be better that you should give up the cattle than that I should go for them. MOSHESH : I wish for peace ; but have the same diffi culty with my people that you have in the colony. Your prisons are never empty, and I have thieves among my people. 478 MOSHESH'S STRONGHOLD INVADED CHAP. GOVERNOR : I would then recommend you to catch the XT thieves and bring them to me and I will hang them. MOSHESH : I do not wish you to hang them, but to talk to them and give them advice. If you hang them, they cannot talk. GOVERNOR : If I hang them they cannot steal, and I am not going to talk any more. I have said that if you do not give up the cattle in three days, I must come and take them. Moshesh : I beg of you not to talk of war.1 Thus ended the interview and Moshesh, perhaps not as crestfallen as might have been expected, returned with his suite to Thaba Bosigo. On the third day, viz the 18th, the Governor's demand was so far complied with that 3,500 cattle, the greater part of the poorest kind, were sent to Platberg. Some were distributed among Moroko, C. Baatjie and Gert Taaibosch, while the remainder were sent on to Bloemfontein to be sold, thus obviating the force being hampered by them. As no more arrived on the 19th, and the Governor, so to speak, was determined to suffer no delay in having his pound of flesh, he gave orders for the immediate invasion of Moshesh's stronghold. At daybreak on Monday, December 20th, the force set out from Platberg.2 At a distance of about nine miles, the Caledon river was crossed at a drift, called thereafter and shown on maps to-day as Cathcart's drift. A company of the 74th was left there to protect the line of communication between the attacking party and the camp at Platberg. The march then towards Thaba Bosigo, a destination the force did not reach, was continued. There soon came into view a high and extensive mountain. Like so many others in South Africa, it stood 1 Sergeant James McKay, of the 74th, gives the following version : " I happened to be in charge of a guard which was stationed at Platberg." After giving an account of the general proceedings, he says " Words ran high, and fists were coming down heavily on tables. The interview came to a climax when Cathcart, springing to his feet, hastily exclaimed ' I'll give the chief Moshesh four days to bring in the cattle and horses, and,' continued the general, as he gave the table another thump with his clenched fist, ' if they don't bring them, I will go and fetch them.' Moshesh pleaded his inability to do as Cathcart wished, and ended by saying he would do what he could to meet the demand. The Governor again spoke somewhat hastily, when Moshesh said ' Well, Your Excellency, you know that when a dog is kicked, he generally turns and bites,' and so the meeting concluded." " This place was in the vicinity of the present town of Ladybrand. THE ATTACK ON BFRFA 479 isolated and had the characteristic flat top. On this elevated chap. tableland there was pasture for cattle and springs of good XL water. In consequence of precipitous sides, access to that region was possible only by few paths, and even those were up difficult and dangerous ascents. Hence such a place could form an easily-defended stronghold for any tribe which made its home there. It is extraordinary how cattle managed to find their way up to these places. Such was this mountain called the Berea mountain after the name of a mission station at its base. And such also, in the near distance, was Thaba Bosigo, the stronghold of Moshesh. On approaching nearer to the Berea mountain, vast droves of cattle were seen on the top. As the capture of cattle was the object of the expedi tion, here, apparently, was the opportunity of satisfying the demands which had been made on Moshesh. Plans for an attack were formulated. According to these, the force was divided into three divisions. One under the eye of the Governor was to scour round the south-western base of the mountain ; another under Col. Napier round the north eastern — so as to prevent the escape of cattle or their re capture by the Basutos — while the third under Col. Eyre, had the difficult task of ascending the mountain and driving down the cattle. All three divisions were then to meet on the Thaba Bosigo plain. In accordance with this, Col. Eyre with 499 men, commenced their ascent. A number of cattle were in view, probably exposed for the purpose of entic ing the force forward and also there was a large number of Basutos bidding defiance by their gestures and war cries. The column extended to the right and left and scrambled up the mountain under fire which was directed upon them from behind rocks and other shelter. Two officers and six privates were wounded. With no more loss than this, the force drove the enemy back and reached the top. There a vast herd of cattle, estimated at thirty thousand, met their view. The Basutos endeavoured to protect them while the force made spirited attacks. Charge and counter-charge resulted in the killing of 38 Basutos — that being the number actually seen dead — and the capture of all the cattle. But as it was impossible for so small a body of men to manage so large a herd of cattle and at the same time to carry on the Foraf no£'tpassa6/e m9 ^ CamP-Z~ Mjk AFFAIR OF THE BEREA MOUNTAIN 20*!1 Dec. 1852 Scale of Miles o H fe H l a " .1 ,'i Ca2£_ Catt/e *farj if m &Bere» > % 349. 354- Kat River Settlement, 12, 14, 112, 326-7, 490 ; population, 14 ; services of Hottentots of, in the 1835 and 1846 wars, 14, 112, 327 ; wretched ness in, due to the war, 14, 112, 327 ; management in, 327, 385 ; Biddulph's report on, 112, 143, 327-8 ; Sir Henry Pottinger's attitude to, 12, 14-15, 327 ; Hottentot protests against convict settlement, 190-2 ; Hottentots and the franchise, 263 ; disaffection in, 326, 328-9, 334, 335, 357-8, 369, 384-5 : pligM of loyalists, 335. 336 ; end of, 363 ; disposal of lands, 363 ; Sir Harry Smith's visit to, 1 1 2 ; chief cause of failure, 328 ; Commission of Investigation, 490. Keane, Commander G. D., R.N., 413. Kelly, Sergeant, 322. Kelso Chronicle, 362. Kievet, Speelman (Hottentot), 469, 506 INDEX Kilpin, Mr. R., 287 n., 289 n. King, Captain W. R., 389 and n 1 ; Campaigning in Kaffirland, 389 n., 409, 492. King William's Town, 10, 28, 98, 103, 106, 107, 168, 290, 462, 490 ; during the Kaffir War, 324 ; Trinity Church, 168 ; Wesleyan chapel; 168. Klaas, Cuipido (Hottentot), 191. ' Klip River Government,' 81 et seq., 95 ; Boers' attitude to survey Of lands, 86-7 ; Lieut.-Governor's notice to, 87 ; proclamation to, 90, 91, 94 and n. ; Mr. Harding's inquiry, 88-90 ; official action on, 90 ; Boer grievances, 89, 91 ; question of registration of farms, 89, 90, 91 (see also under Spies and under West) . Knys, Mr. (of Worcester), 282. Kock, Jan (Boer), 135, 136, 422; disagrees with Pretorius, 138, 141. Koeberg, Hottentot panic in, 402. Kok, Adam (Griqua chief), 113, 119, 138 ; interview with Sir Harry Smith, 113 ; attitude in Sovereignty rebellion, 155 ; in 1850 war, 372, 373, 395-6 ; attitude to Uithaalder and the Hottentot rebellion, 396. Koonap Hill, 458 ; affair at, 393-4. Korannas, 173, 176, 417, 420 (see also Taaibosch, Gert). Kreli (Kaffir, chief of Gcalekas) : in final stages of 1846 war, 9, 27, 32, 39, 48, 5°. 51. 52, in, 123; attitude to Pato, 52, 53; provides some compensation, 123 ; meeting with Sir Harry Smith, 168, 169 ; period of contrition, 391, 398 ; characteristics of, 417, 433 ; message to Pato and Umhala, 378 ; attitude and influence in the war of 1850, 376-8, 380, 390, 391, 433-4, 461 ; duplicity of, 376, 377 ; throws down the gauntlet, 435 ; contumacious attitude of, 434, 450, 451, 456, 460, 461, 462 ; expeditions against, 409, 435 et seq., 462-3, 466 ; Governor Cathcart's message to, 452, 461 , pays the fine, 466-7 ; desires peace, 467 ; terms with, 435, 467. Krijmann (or Krijnauw), Jan, 162. Kroomie Mountains, 393 ; operations in, 398-9, 464. Kruger, G. H., in Sovereignty rebellion, 153, 154, 164. Kruger, P., 382. Kyle, Captain H. D., 88, 122. Ladybrand district, 172. Lakeman, Captain (afterwards Sir Stephen), 464. Lakeman's volunteers, 464 and n. Land Commission, 122, 134. Langdon, Sir Godfrey, 173 n. Latshuke (native messenger), 83. Laubser, W. P., 222. Leaky, Mr., 223. Legislative Council, 230, 244-6, 285 ; constitution, 231 ; failure, 167, 231 ; constitution as proposed by Mr. Porter, 235, 241 ; Mr. Montagu's views on, 237 ; Justice Menzies on, 239 ; Cape Town Municipality petition for abolition of, 242-3 ; difficulties during Representative Government agitation, 244 et seq., 277 et seq.; the "Additional Instructions," 264-7, 268-9 ; reconstructed, 269 ; last meeting of old INDEX 507 Council, 285 ; Lieut.-Governor's valedictory address, 285 ; election for members of the new Council, 286 and n. ; swearing-in ceremony, 287 ; constitution of the new Council, 284. Lesseyton, Wesleyan mission station, 375. Letsie (son of Moshesh), 173. Letterstedt, J., 207-8, 222 ; comes under Anti-Convict Association pledge, 207-8 ; institutes legal proceedings, 208, 223-4. Liefield, Rev., 471 n. Lieutenant-Governorship, 59, 448-9 ; Sir H. Smith's attitude to, 167 ; power and authority of, Albany petition, 64 Line Drift military post, 322 ; plundered and burnt, 322. Livingstone, Dr., 432. Loch, Assistant Surgeon, 51 Lochner, Mr., 401. Lombard, Mr. (Landdrost of Potchefstroom), 432. London Missionary Society, 177, 290 n., 327 ; charges against missionaries of, 328, 329 and n., 334, 344, 359, 362 ; Theopolis Hottentot mission station, 385-8, 351 ; missionaries of, and the Squatters Bill, 402. Louw, A. J., and panic over the Hottentots, 401, 403. Love, Klaas (Hottentot), 470. Lovedale Mission station, 128 and n., 290. Lovelot, David (Hottentot preacher), 358, 470. Lower Reit river community, 141. Lynx (Hottentot), 385, 386. Lynx, Gert, 417, 420. McCabe, H., 313, 314. McCabe, J. (Ngami traveller), 137, 432. McDiarmid, Rev., 41. MacKay, Mr. (Civil Commissioner, Caledon), 443. McKay, Sergeant James : account of Governor Cathcart's talk with Moshesh, 478 n. ; mentioned, 482 n., 492. Mackenzie, Sgt.-Major (Cape Corps), i6on. Mackinnon, Colonel G., Chief Commissioner, British Kaffraria, 107, no, 123, 124, 168, 296, 298, 302, 303, 466 ; holds annual meeting of Kaffir chiefs, 291 ; in 1850 war, 304, 324, 366-70 passim, 379. 380, 389 398 435, 437. 463 ; Boomah Pass, 306-10, 316 ; Keiskamma- Hoe'k operations. 379. 380 ; in Fish River bush, 398 ; in Transkeian expedition, 435. 437- . , „ , .. Maclean Captain (afterwards Colonel), diplomatic agent at Peddie, 4. 8, 32. 291, 3°2. 303. 379. 45L 452, 465 : and Sandilli's surrender, 43;7 passim ¦ and Umlanjeni, 292-3, 296 ; meetings with Kaffir chiefs, 296, 304, 452 ; and the kidnapping of Toise, 458 ; Chief Commis sioner British Kaffraria, 466, 467 ; mentioned, 457- Magerman, Oerson (Hottentot), 470. Maitland, Governor Sir Peregrine, and ending of 1846 war, 4. 8 ; regis tration of the Kaffirs, 9 ; and Kat River Settlement, 14. 15 I attitude to Kaffir chiefs, 29 ; and Fort Hare, 55 I and Lieutenant-Governor ship 59 ¦ compared with Sir H. Pottinger, 73 I and Kaffir Police, 132 ; and Table Bay breakwater construction, 181 ; mentioned, I, 4, 8, 32, 65; 106, 121, 174. 233. 491- 508 INDEX Makanna (Kaffir witch doctor), 294 and n. Malmesbury, 275 ; Hottentot alarms in, 401, 402. Manana (Kaffir), 337. Mancazana valley Hottentots, 323, 331, 339-42 ; rumoured massacre of, 339-41- Mani (Kaffir policeman), 295. Mantatees, 125, 173 (see Sikonyella). Mapassa, Tambookie chief in 1846 war, 16, 32 ; in 1850 war, 295, 376, 377 ; hostility against the colony, 346, 350 ; end of, 471, 472, 488 ; country off, forfeited to the Crown, 472, 487-8. Maqomo (Gaika chief), allowed to reside in Port Elizabeth, 39, 100 ; humiliation of, 100 ; characteristics of, 398 ; marshals his forces, 398; in 1850 war, 297, 380, 406, 439, 450, 453, 455, 463, 464, 465 ; ' Maqomo's den,' 441 ; holds out, 460 ; seeks peace, 467, 468 ; mentioned, 104, 326. Maritz, J. S., 93. Martial law, abolition of, 4, 8, 484-5. Mawa, aunt of Panda, 84, 85 and n. Meintjes, J. J., 246. Menzies, William (Mr. Justice) : and Sir Henry Young, 62-4 ; and convict agitation, 223, 224 ; memorandum on Representative Government, 238-40 ; otherwise mentioned, 101, 326. Metcalf, Lieutenant, 114. Meurant, L. H., 75. Meyer, G. H., and affairs in the Sovereignty, 135, 136-7, 163 ; memorial to Sir H. Pottinger, 136. Michel, Lieut.-Colonel, 406, 441, 453, 463. Middle Drift, 485. Military department, the, and Anti-Convict Association pledge, 221, 222, 225 ». Military posts, 1846 war, 31, Military posts, British Kaffraria, 107 and n., 366, 393 (and see under names). Military villages, the, 106, 126 et seq., 168, 311 et seq., 331 ; numbers of individuals in, 130 n. ; failure as defensive measure, 132 ; exter mination of, 129, 380. Militia, movement, 106, 126 ; proclamation, 137.. Minter, and the 'Tarka Levy,' 17. Mission stations in British Kaffraria, 290 and n. Missionaries invited to resume labours in Kaffirland, 105. Mitchel, John, 185 and «., 220 ; Jail Journal quoted, 226 «., 228 n. Molapo (son of Moshesh), 173, 418. Moletsani (Bataung chief), 114, 119, 164, 172, 173, 417 et seq. passim, 475 ; characteristics, 417. Montagu, Hon. J., Secretary to Government, 324 ; and the Kaffirs, 67 ; in Convict agitation, 187, 208 ; memorandum on Representative Government, 236-8 ; notice regarding appointment to Legislative Council, 245, 254 ; and the Legislative Council difficulty, 246, 247, 253. 254 ; property qualification, 250-1 ; observations on petitions in Representative Government agitation, 262, 277-8 ; and the gunpowder INDEX 509 shipments, 413 ; on apathy of burghers in 1850 war, 325, 383 ; various petitions for his removal, 277, 280, 282 ; to England, 279-80 ; death, 280 ; appreciation, 280. Montagu Pass road, 68. Montresor, Colonel, 16, 18. Moodie, D., 122, 269. Mooi river people, 137, 146, 154. Moolmans, the, 91. Moravian missionaries, 263 ; mission stations, 290 n., 325, 346. Mordenaar's Kop, 51, 52. Morgan, Rev. G., 223, 283 n. Morkel and de Villiers, Messrs., 210. Moroko (Baralong chief), 113, 119 andn., 164, 172, 417, 419, 425, 474, 475, 478 ; reports on Boer meetings, 134 ; characteristics, 417. Morosi, Basuto chief, 373-4. Moshesh, Basuto chief, 114 ; account of, 172 ; characteristics and power, r73. 4z<>-7, 475 ; claims to territory, 172 ; attitude to Boer incursion into Orange Territory, 115, 174 ; agreement as to Boer lands signed by, 115 ; and the Sovereignty proclamation, 119 and »., 165, 166; and boundaries question, 145, 174, 175, 176 ; and the native troubles, I73. 4X7 et seq. passim; duplicity of, 419 »., 421, 473 ; avowal of peace and amity, 419 and n. ; prepares for a rupture, 420 ; and the Sovereignty burghers, 421, 472, 473 ; appeals to Pretorius to mediate, 425 ; faces the Governor, 475, 476-8 and n. ; pays in part, 478 ; letter of submission after Berea Mt. battle, 482, 484. Sons of, 173, 418, 475. Otherwise mentioned, 125, 153, 164, 380, 427, 433, 491. Mota (Batlokoa chief), 418. Moultree, Captain, 36, 38. Mount Coke mission station, 290, 456 ; Hottentot attack on, 456-7. Mundell, Mr., 407. Municipal boards established, 231. Munro, Mr. (murdered at Auckland), 313. Murray, Mr. (explorer), 432. Murray, Captain, 160. Murray, Rev. Andrew (jun.), 427 ; impressions of, on Pretorius, 427-8. Musgrave, Mr. Justice, 223, 224, 287 ; retires from bench in Letterstedt case, 224 ; memorandum on Representative Government, 240. Namba (Kaffir chief), 297. Napier, Lieut.-Colonel, 369, 463, 480 ; in Berea Mountain battle, 481-2 and n. Napier, Governor, Sir George, 32, 76, 326, 371 ; and movement for Repre sentative Government, 232, 233. Natal : influx of natives into, 73-4 ; native locations in, 74 and n. ; native segregation policy, 89, 90, 122 ; cotton industry, 180. Natal-Zululand boundary agreement, 80, 82 ; proclamation of, 89, 90 ; Lieut.-Governor West's notice to Klip River Boers on, 87 (see also under Panda.) 5io INDEX Naude, David, 383. Naval department, and Anti-Convict Association pledge, 220, 222, 225 n. Ndhlambis, 304, 438, 452, 457, 458 (see Toise, Umhala and Umkye). Need, Lieutenant, 35 n. Need's Camp, 35 and n. Neptune, convict ship, 184, 197, 205, 211-24 passim; welfare during detention in Simon's Bay, 219, 220, 222 ; general character of prisoners on, 226 ; departure, 227, 228, 229 ; Cape Town gift, 228. Nel, J. D., 34. Neutral Territory, the, 105. Newcastle, Duke of, 485, and n. ; instruction on Representative Govern ment, 283. New South Wales : penal settlement, 182. Ngami, Lake, discovery of, 432. Niekerk, Gert, statement on Panda's intentions regarding the English, 92. Niemand's Kraal, 459. Niven, Rev. J., and family, 316-9, 343. Niven's mission station, 308. Nkenye, Mr. Niven's Kaffir servant, 316, 317. Nonise (Tambookie chief tainess), 472. Nonzwenzwe (native messenger), 83. Nordau, J. D. (auctioneer, commandant of Yeomanry), 21. Norden, Benjamin, 217, 222 and n., 224, 225 n. Norfolk Island : convict establishment, 182. Norris, Lieutenant (6th Regiment), 307, 407. Nourse, T. (homestead destroyed), 340. Oba, Kaffir chief, 439. Ogilvie, Miss, 316. O'Grady, Major, 18. Oliphant's Hoek, ' separation ' petition, 243 ; Hottentot depredations at, 469. Olivier, Casper (Hottentot), 339, 340, 341 ; depositions of, at Philipton, 342. 344- 36o. Olivier, Jan (of Stormberg), 112. Orange Free State, 116, 177, 179, 414, 429, 433. Orange River Sovereignty : proclamation of, 114, 115, 118, 119 ; British Government attitude, 1 19-21, 414 ; attitude of Boers to British rule, 115, 138, 141, 146, 151, 155, 164, 165, 170, 178, 363, 414, 421,422; Boer relations with Moshesh, 421, 433,472-3; divided opinion amongst the Boers, 136-8, 141, 154, 421; system of government promulgated, 142-3; districts, 142 ; Land Commission, 142-3, 166, 175 ; rebellionin, l^^etseq. passim, 170-1 ; Boomplaats, 156-61 ; after Boomplaats, 164, 170-1 ; confiscation and fines, 161 and n., 165, 170-1 ; Sovereignty repro- claimed, 161, 164 ; districts, 164, 177 ; Legislative Council appointed, 177-8 ; administration, 178 ; natives under, 178 ; boundary troubles in, 145, 166, 173 et seq. ; the Southey line, 176 n. ; native affairs in, 170, I7i et seq., 178, 415, 416 et seq. ; Dutch attitude to native affairs, INDEX 511 I70, 178, 416, 421-2 ; Assistant Commissioners' investigation, 415-6, 428, 429, 433 ; Pretorius intervenes on behalf of peace, 425, 426, 430 ; abandonment policy of British Government, 170, 179, 363, 415, 428-9, 433 ; Sand River Convention, 429, 431-3 (see also under Boers). Orange Territory: Boers in, 173-4 : native attitude to Boers in, 174. O'Reilly, J. (magistrate), 143, 144, 150, 170. Osier, L., 222 n. Oswell, Mr. (explorer), 432. Owen, Captain Charles Mostyn, 133,415 ; Assistant Commissioner, 415, 430; 432. 465. 473, 475, 477, 488 ; disapproves of Gaika dispersion, 465, protests against acceptance of Moshesh's submission, 483-4. Owen, Lieutenant (Royal Engineers), 55. Pakington, Sir John, 276, 283 ; account of, 454. Panda, Zulu chief, 73, 85 n. ; relations with the Boers, 79, 80 et seq. passim, 89, 90 ; boundary agreement with, 80, 82, 87, 86 ; repudia tion of Natal boundary, 8i, 82, 88 ; admits claims of Natal at Nodwengu, 88 ; rumoured attitude of, to the Boer exodus, 92 ; reply to Pretorius, 135 ; attitude to the English, 135 ; and the Zulu deserters in Natal, 135. Pantsie (Hottentot), 191. Parliament, opening of first, 287-8. Pato, Amagqunukwebi chief: characteristics, 109; in 1846 war, 4, 8, 39. 46-52 passim, 100, 104, 109, 303 ; operations against, 10, 32, 48 et seq. ; offers surrender, 27 ; surrenders, 53, 104 ; attitude in the war of 1850, 295, 296, 303, 324, 366, 379, 440, 452, 455, 457, 465 ; reply to Kreli, 378-9 ; refuses Sandilli's request to intercede 391, 392 ; acts, as intermediary, 467. Peffer, L. (Hottentot), 336. Philip-Glenelg-Stockenstrom policy, 29. Philipton, 112, 339, 343, 345, 354 ; focus of Hottentot rebellion, 335, 339, 343. 354 : end of, 355, 363. Ph cenix steamer, 159 n., 169, 325. Pietermaritzburg : fears of Zulu attack in, 93, 94. Pine, Sir Benjamin (Governor of Natal), 424, 425. Piquer, Kievet (Hottentot), 385, 386. Platberg mission station, 172, 475, 478 and n. Pockbaas, Jan (Hottentot), 394. Police, Frontier Armed Mounted, 470 (see also Rural Police). Police, Kaffir (see Kaffir). Port Alfred, 169. Port Buffalo, 31. Port Elizabeth : deputation and address to Sir Henry Pottinger, 6-7 ; views of, on the causes of the Kaffir war, 6-7 ; attitude to Maqomo's refuge, 39 ; condition, 61 ; toll, 68 ; trade, 70, 71 ; in convict agita tion, 190, 199, 225 ; and separatist movement, 68, 271 ; and the new constitution, 277 ; and Sir Andries Stockenstrom, 382, 383; contribution in expedition against Kreli, 462. Port Kowie, 96. 512 INDEX Port Philip (Australia), 244, 271 n. Port Rex, 30. Porter, Hon. William, Attorney-General, 67 ; on validity of Orange River Sovereignty, 119 n. ; in Convict agitation, 198, 107, 221 n. ; in Letterstedt's action, 224 ; memorandum on Representative Government, 234-6 ; attitude in East versus West controversy, 234, 235, 272 ; draft constitution for the Colony, 241, 263, 274 ; and the Legislative Council difficulty, 246, 248, 252-3, 255, 256, 264 ; quali fication question, 249, 251-2 ; member of Commission of Inquiry into Hottentot rebellion, 359. Ports and Harbours Ordinance, 96. Post Retief, 350-2, 407 ; besieged, 351 ; Hottentot depredations, 469. Potgieter, 137, 146. Pottinger, Sir Henry, Governor of Cape Colony, 1, 2, 4 ; account of his career, 1-2, 5, 13 ; characteristics, 22, 34, 73, 95 n. ; declaration of policy, 2, 7, 8 ; visits Eastern Province, 5, 6 et seq., 22, 27 ; and conclusion of the 1846 war, 4, 8, 10 et seq., 39, 41 ; and colonists' losses in the war, 5-6, 24-5, 26 ; shortage of men and money, 10-n, 28, 32, 33-4, 39, 41 ; invites co-operation of civil population, n-12, 28, 48 ; enquiry into irregularities in the 1846 war, 12 et seq., 95, 327 ; despatch No. 154, 13, 20-1 ; charges examined, 20-22 ; attitude to Captain Stretch, 15-20 passim ; disbandment of levies and dismissal of officers, 18, 22, 39, 95 ; attitude to Sir G. Berkeley, 23-4, 64 ; Kaffirland policy of, 28 et seq. ; abolition of treaties with Kaffirs, 31-2; and Sandilli, 41-7 passim ; and Kat River Settlement, 12, 14-15, 95, 112 ; and Kaffir Police, 53, 132, 133 ; and East v. West problem, 61 et seq., 68, 235 ; question of Sir Henry Young's authority as Lieutenant-Governor, 63-5 ; and the office of Lieut.-Governor, 72 ; attitude to Pretorius' representations, 76-9, 94, 95, 115, 117, 122, 135, 152 ; and the Natal Boers, 73, 95 ; proceeds to India, 53, 72, 95, 96, 97, 101 ; Grahamstown farewell address to, 95, 96. Appreciation of his Governorship, 73, 95 and n. ; his plea of overwork, 73, 77. 78, 233- Otherwise mentioned, 12 n., 53, 55, 79, 96, 106, 127, 136, 233, 491. Pretorius, A. W. J., 74 ; Zulu name of, 93, 135 ; Sir H. Smith's view of, 94, 117, 134 ; deputation to Sir Henry Pottinger, 74 et seq., 94, 115, 116, 117, 118, 122, 135, 152 ; Sir H. Smith's interview with, 116, 117, 118, 135 ; refuses to serve on Land Commission, 122, 134, 154 ; letter to Martin West, 116 n. ; and the Sovereignty proclamation, 118, 134-42 passim, 154-5 ; alleges injustice against Shepstone and West, 134; intention to establish an independent state, 134, 136; intimidating influence of, 138, 146, 149, 162, 163 ; at Winburg, 145, 148-9 ; march to Bloemfontein, 149-50 ; order to Major Warden, 149-5° ; masters the Sovereignty, 150-1 ; moderation of, 151 ; answer to Sir H. Smith's manifesto, 151-2 ; desires an interview, 153 ; and the Sovereignty rebellion, 134, 135, 137-8, 145-8 passim, 153 ; hopes for Zulu assistance, 135 ; outlawed, 152, 154, 161-2 ; property of, 162 n., 171 n. ; over the Vaal, 178-9 ; intervenes on behalf of peace in the Sovereignty, 425, 426, 430, 431, 432 ; outlawry revoked, 428, INDEX 513 430 ; testimonies to his good intentions, 427 ; forgeries of his signa ture, 179, 427 and n., 430. Pretorius, A. W. J. (son), 162 »., 171 n. Pretorius, Christina Petronella (daughter), 162 n., 171 n. Pretorius, Louw (of Caledon River), 162. Prince, Mr., 209. Prins, Martinus, 85. Pringle clan, 340, 344, 489. Pringle, Dods, 340, 341, 351. Pringle, John (farm plundered), 340, 341. Pringle, R., 340, 342. Queen Adelaide, Province of, 29, 98, 104. Queen's Fort, 148 n., 163, 170, 420, 421. Queenstown, 489 ; district, 472 ; the Hexagon, 489. Quigley, Michael, 147, 160, 161, 162. Qwarana (Gaika headman). 302. Radford, W., murdered by Hottentots, 360-1. Rawson, Hon. R. W., 287. Read, Rev. J., 323, 327, 328, 335, 343, 354, 360 ; death, 363. Read, Rev. J. (jun.), 190, 327, 328, 329 and «., 335, 338, 339, 343, 349, 355, 36° ; defence in charges against, 329 n. Readsdale, bridle path, 339. Reilly, Mr. (killed by Hottentots), 469. Reitz, F. W., 246, 252, 254, 256, 286 n., 287. Renton, Rev. H., 314, 319, 343, 344 ; account of, 359-60 ; at Grahams town, 361-2. Rex, Mr. (Surveyor), 30, 141, 144, 147, 148, 177. Representative Government movement for, 180, 229 etseq., 290, 364 ; argu ments against a free legislature, 230 ; petition to the King in 1830, 230 ; Cape Town petitions, 231-2 ; effect on coloured communities, 329. 335 : Mr. Porter's suggested outline for, 235-6 ; Letters Patent 243-4, 266, 268, 274, 277 ; Draft Ordinance, 273 et seq., passim. Retief, Piet, 78. Rickards, Ensign, 407. Rivers, Harry (Treasurer General) ; and Representative Government question, 238 ; East v. West, 273. Riversdale, Hottentot question alarm at, 275, 403 ; and Representative Government agitation, 275, 282. Road Ordinance, 238. Roads : Eastern Province, 61. Robertson, Captain, 307. Robertson, Mr. 209. Rose-Innes, Dr., 326. Ross, H., in Convict agitation, 187, 196 n., 207. Rural Police, European, organised against marauding Hottentots, 301, 394. 459-6o, 470, 484. VOL. V 2L 514 INDEX Russell, Lieut. (Kaffir Police), 37, 38. Russell, Lord John, 193, 265, 266, 267, 268, 276, 453. Rutherfoord, H. E. : in Convict agitation, 196 n., 215, 216, 219 ; Eastern Province election, 286 n. ; Hottentot rebellion Commissioner, 359. Salis, Lieut., 158. Sam Sly's Journal, 210. Sand River Convention, 431-3. Sandilli, Gaika chief : description of, 27, 296 and n., 300 ; attitude of, in concluding stages of 1846 war, 9, 27, 35 et seq. ; and the Fingo goats, 36-41 ; proffers submission, 40-1 ; operations against, 42-3 ; en deavours to negotiate, 43 ; surrenders, 43-8, 299 ; complaint against Calderwood, 45, 46 ; liberated, 102, 299 ; at King William's Town meeting, 104, 109, in ; in 1850 war, 295 et seq. passim, 439, 450, 451, 455, 466 ; endeavours to instigate Pato, 295 ; prime mover, 296, 297. 45°. 452 ; does not attend the Governor's meeting, 298-9' protests his loyalty, 299 ; deposed by the Governor, 299, 300, 303 330 ; outlawed, 305 ; at Boomah Pass, 307, 308, 309 ; invades Philipton, 352 ; asks Pato to intercede, 391 ; becomes dissatisfied with Umlanjeni, 392 ; and the abduction of Toise, 457, 458 ; flight of, 464, 465 ; seeks peace, 467, 468, 484 (see also Gaikas). Sandilli's Kop, 389. Schnehage, F. (Boer), 143, 160 n. Selwyn Castle, Grahamstown, 96 and n. Septon Manor, Fort Beaufort district, 332, 398. Seton, Major, 441. Seymour, Colonel C. F., 449, 490. Seymour (town), 14, 449, 474, 490. Seyolo, Ndhlambi chief : characteristics of, 43, 368 ; country of, 368, 451 ; in the 1850 war, 296, 322, 380, 405, 439, 450, 451, 455, 465 ; message of defiance, 368 ; expeditions against, 368-9 ; overtures for peace, 439. 455 ; surrenders, 466 ; imprisoned, 466, 487 (see also Ndhlambis). Shaw, T., 312. Shaw, Rev. W., 485. Shelly, explorer, 432. Shepstone, Sir Theophilus, 489. Shepstone, W. G. B., 45, 88, 134, 489 ; views on employment of Zulus in the Kaffir war, 381. Shiloh, Moravian mission station, 112, 325, 346-350 ; rebellious Hottentots of, 346 et seq., 371. Sidbury, separation petition, 243. Sihota (Mordenaar's Kop), 51. Sikonyella, Mantatee chief, 114, 119, 125, 153, 173, 176, 417, 418, 475 ; characteristics, 417. Siwani, Ndhlambi chief, 104, 296, 452, 455, 487, 490 ; in 1850 war, 366, 369. 452, 455, 457. 465. 4«7- Smail, Captain, 443. Smit, Rev., of Grahamstown, 385. INDEX 515 Smith, Lady Juana, 99, 128, 169, 446. Smith, Major (73rd Regiment), 31, 85 n. Smith, Sir Henry G. W., Bt., Governor of Cape Colony, 4, 29, 31, 53, 55, 79, 98, 180 ; account of, 98-9 ; arrival in Cape Town, 97-100, 101 ; proceeds to Eastern Province, 100 et seq., 122-3 '• welcome in Grahams town, 101 ; changes policy in the East, 102 ; proclaims new northern boundary, 102-3 and n. ; annuls treaties with Kaffirs, 103, 104 ; in King William's Town, 104 ; harangues Kaffir chiefs, 104, 105 ; declares Kaffirland subject to British rule, 104-5 ; Kaffirland policy, 104 et seq., 290-2 ; frontier protection measures, 106, 107, 392-3 ; great meeting with chiefs, 108-11 ; views as to recurrence of war with Kaffirs, 125, 133, 296 ; at Kat River Settlement, 112 ; journey to Orange Territory, in, 113 ; interview with Adam Kok, 113 ; address to Boers at Bloemfontein, 113-4, 118 ; at Winburg, 11 4-6, 118, 164-5 ; treaty with Moshesh, 114, 115 ; proclaims Orange River Sovereignty, 114, 115, 118-9 ; visits Natal, in, 117, 121 ; endeavours to allay Boer discontent, 79, 94, 117, 122, 134 ; repeals Klip River proclamation, 94 n. ; interviews Pretorius and his followers, 79, 94, 116, 117, 118, 135 ; welcome to Pietermaritzburg, 121 ; and Durban, 122 ; return to Cape Town, 122-3, 233-4. Views of, as to Boer desire for British rule, 149, 164, 178, 414 ; attempts a militia movement, 106, 126 ; and the military villages, 127 et seq. ; manifesto on Orange River Sovereignty, 138-41, 151, 154 ; attitude to Sovereignty rebellion, 152 et seq., 162, 164 ; final warning to Sovereignty Boers, 154-5 ; report on Boomplaats, 158-9, 161 ; after Boomplaats reproclaims the Sovereignty, 161, 164, 165, 170 ; and Basutoland boundaries, 166, 175, 176, 177; and Sovereignty native troubles, 170, 174, 420 et seq. ; and abandonment policy, 429. Anti-Convict agitation, 182, 183, 185 et seq. passim, 192-5, 199, 209 et seq. ; despatch to Earl Grey, 193-5, 218, 225-6 ; and the Anti-Convict Association, 198, 199-206, 209 ; threatened with starvation, 198 ; view of the pledge, 214 ; measures to maintain order, 217 ; contemplates martial law proclamation, 221 ; censured by Earl Grey, 227. Representative Government, 168, 230, 234, 241, 242, 243, 262-80 passim ; and Legislative Council difficulties 244 et seq., 264, 269 ; tour of the Eastern Province, 166-9 ; at Fort Beaufort, 167 ; attitude on East versus West question, 167-8, 169, 270-2 ; a prisoner in Fort Cox, 310, 319, 320, 321, 324; and the 1850 war, 297 etseq., 320, 324, 397, 439, 440, 491 ; and Hottentot rebellion, 357, 358 ; tactics against the Kaffirs, policy of devastation, 388, 438 ; attitude to Kreli, 376-7, 391, 435, 439 ; and Sandilli, 298 et seq., 392 ; eulogy of officers and men, 409, 410, 411, 444, 446; on nature of Kaffir warfare, 379, 410, 445; Smithfield market cattle driving, 31, 435 ; recalled, 276, 443-5 ; journey to the Cape and to England, 446-7. Characteristics, 99-100, 114, 123, 152, 160, 162, 168, 304 ; eccentricities, 116 n. ; mode of travelling, 123, 167 ; benevolence as Governor, 142. Equestrian statue proposal, 123, 180. Otherwise mentioned, 34, 148 n., 169, 233, 326, 371, 374, 383, 450, 451, 491 et passim. 516 INDEX Smithfield, 144-5, 150, 165, 166, 175, 177. Snodgrass, Mr., 315. Snyman, J. T., 141, 155, 163, 165. Soga (Kaffir councillor), 317. Soga (chief), 337. Somerset, Colonel (Major-Gen., afterwards Sir Henry) : relations with Sir H. Pottinger, 13, 16, 18, 23 ; and Kat River Settlement, 14, 15 ; in ending of 1846 war, 43 ; Keiskamma-Chalumna operations, 31 ; operations against Pato, 48, 49-50 ; in action at Mordenaar's Kop, 51-2 ; expedition into Transkeian territories, 52-3 ; in 1850 war, 3°4. 342. 369-70. 38o, 389, 393, 406, 410, 435, 437, 438, 444, 450, 455 ; authority as Commander-in-Chief delegated to, 321, 324 ; position of, in Fort Hare, 320, 321, 322 ; promoted to Major General, 324 ; offers pardon to Hottentots, 332 ; measures against Hottentots, 349, 351-6, 363, 459 ; promoted, leaves for India, 455, 460 ; appreciation, 460-1 ; otherwise mentioned, 159 n., 192, 297, 325, 336, 360, 384, 387, 388, 439. Somerset East : East versus West question, 68, 272, 462 ; and Hottentot rebellion, 359 ; in 1850 war, 396. Somerset, Lord Charles, 229. Somerset, Major, 352. Sonto, Kaffir chief, 380. South African College, 247 ; and Legislative Council, 282. Southey, Mr., afterwards Sir Richard, 114, 152, 171, 280 ; and Basutoland boundaries, 175, 176. Spies, Abraham, 81, 84, 86, 91. Spies, Andries Theodorus (Boer), 80, 88, 91, 135, 153 ; Panda's action against, 80 ; relations with Panda, 81-5 passim, 89 ; receives from Panda a symbol of authority, 85 ; in Klip River Government, 81 ; reply to Lieut.-Gov. West, 80 ; attitude to British proclamations, 83 ; Archbell's report on, 84 ; manifesto urging expatriation, 92-3 ; outlawed, 162. Sporting Club Corps, 21, 27. Stacey, Captain, 132, 312. Stadler, C, 222 n. Stander, Adriaan, 147, 148, 164. Stanford, Colonel Sir Walter, cited, 296 n. Stanford, Captain Robert, 221, 222 «., 228 n. Stanley, Lord, and the Cape as a penal settlement, 180, 181, 186, 193 ; Representative Government in S. Africa, 232, 233, 234, 237, 238. Stanley, John, 124. Steele, Lieutenant, 160 n. Stein, J., 196 n., 199. Stellenbosch, Representative Government agitation, 282. Stevenson, J. M., 312, 314, 315. Stewart, Surgeon (C.M.R.), 308. Stock, Amambala chief, 369, 380, 439, 450, 451, 455, 485. Stockenstrom, Sir Andries : burgher confidence in as a Commandant, 12, 382 ; and Kat River Settlement, 326 ; Lieutenant Governorship of, 64, 66 ; views of, on the office of Lieut.-Governor, 66 ; and the INDEX 517 election to Legislative Council, 246, et seq. passim ; mission to England, 258, 260-8 passim, 271, 382 ; letter to Earl Grey, 261, 265 n. ; to Sir H. Smith, 261 ; to Lord John Russell, 267, 268 ; in election to new Legislative Council, 286 n. ; testimony to Andries Botha, 343 ; political influence of, 286 n., 383 ; and enrolment of burghers, 383-4 ; political use of a Port Elizabeth memorial, 382-4 ; Glenelg-Stocken- strom regime, 4, 34, 98, in, 329 n. 1 ; otherwise mentioned, 32, 78, 192. Stockenstrom district, 14. Stormberg district, 112. Stretch, Captain, 15, 16, 17 ; character of, 16 ; command of Kaffirs, 17-18 ; dismissal, 18, 19, 20 ; Court of Inquiry, 18. Stuart, C. V., 178 n. Stubbs, W., 21, 361, 387. Stubbs' Rangers, 384, 387, 388, 394, 395, 405. Surtees, Mr., 359. Sutherland, T., 196 n., 223, 224, 225 n. Sutton, Major, 14. Sutton, Colonel, 333, 342, 345. Sutu, mother of Sandilli, 41, 104, 299, 392, 439. Swellendam, 462 ; Hottentot levy, 49. Swiss military settlers' project, 451. Taaibosch, Gert, Koranna chief, 119, 153, 173, 176, 417, 475, 478. Table Bay breakwater construction, 70, 181-2. Tambookieland, warfare in, 370, et seq. ; restoration of peace in, 471-2, 487-8. Tambookies (Abatembu tribe), 346 et seq., 365, 420, 450, 471, 472, 488 ; raiding in the Sovereignty, 372 et seq. (see Mapassa). " Tarka Levy,'' the, 17. Tause (Christian Kaffir woman), 316, 317-8. Thaba Bosigo, Basuto stronghold, 172, 480. Thaba Nchu, 172, 417. Theal, Dr., quoted, 95 n., 116 n., 265 n., 288, 482. Theopolis Hottentots, 351, 385-7, 388. Thompson, Rev. W. R., 327, 338, 349, 354. Thysma, J., 222 n. Tidmanton, Hottentot mission station, 330-1. Times, The, 60, 411-12 ; on Kaffir war progress, 411. Tiyo, Soga, 314, 316. Toise, Ndhlambi chief, 490 ; in 1846 war, 8, 104 ; attitude in the war of 1850, 296, 303, 366, 452, 465, 457 ; abducted by Hottentot rebels, 457-8- Tola, chief of Imidange clan, 297, 298, 370, 380, 439. Tomlinson's post, 458. Toohey, D., 135. Traders (Kaffirland), 105. Trollip, Mr., 394. Truter, P. J., 225 n. Tsolekeli (Kaffir), 302. Tyali's burial place, 129, 131. 518 INDEX Tylden, Captain (Major), 347, 349, 362, 371, 375, 389, 438. Tzatzoe, Jan (Kaffir chief), 296, 452, 465. Uitenhage : burghers of, in 1846 war, 31, 33, 35 n. ; East v. West question, 263, 272 ; in Representative Government agitation, 263 ; during the 1850 war, 323, 462. Uitenhage and Albany Agricultural Association, 65. Uithaalder, William (Hottentot leader), 334, 335, 336, 351, 388, 468 ; rebel forces of, 335, 459, 470 ; demonstration before Fort Armstrong, 337, 338 ; claims Fort Armstrong property, 345 ; activities of, 395, 457, 459 ; endeavours to enlist Griqua support, 395-6 ; letter to Captain Fynn, 454 ; stronghold of, attacked, 459 ; a fugitive, 435, 464, 468 ; reward offered for capture of, 459, 470 ; fate of, 471. Umhala, Ndhlambi chief, 27, 104, 109 ; in 1850 war, 296, 378, 390, 392, 435. 438, 451, 452, 465- Umhlaba, 93. Umkye, or Umkai, Ndhlambi chief, 39, 293, 296, 452, 465, 487. Umlanjeni (Kaffir ' prophet '), 292-4, 296, 297, 298, 323, 330, 368, 369, , 392, 405 : fate of, 471. Umpukani mission station, 418. Umtikaka, Tambookie chief, 472. Umxelo station Kaffirs, 17, 18. Uniondale mission station destroyed, 316. United Emigrant force, 153. United Irishman, the, 185 «. United Presbyterian Church of Scotland missions, 290 «. Uys, Piet, 81. Uys, J. J., 88. Vaal River district, 164. Vagrant Act, 274, 275, 329 n. 1. ; Hottentot fears of, 274, 396, 404, 471. Van Coller (Boer), 146. Van der Bijl, Mr., 207. Van der Kolf, 427 and n., 430-1 ; forgery of Pretorius' signature, 427 and n. Van der Stel, Adriaan, Governor, 229. Van Diemen's Land, penal settlement, 182. Van Niekerk, Gert, 81, 89. Van Niekerk, Isaac, 81, 89. Van Renen, J. H., 223. Van Rooyen (Hottentot), 191. Van Rooyen, Rev. A., 330, 331, 335, 343. Van Rooyen, Roelof, 422, 427 «• Van Tonder, D. J., 125. Van Tonders, the, 91. Venter, Piet, 430. Venter, W., 427 n. Ventersburg, 430. Vermeulen (Boer), 145. Verwey, forger of Pretorius' signature, 179. Victoria district, 105, 106. Victoria (Australia), 244, 271 «. Viervoot action against Basutos, 419-20, 422. INDEX 519 Villiers, Cornelius, 422. Vowe, T. W., Civil Commissioner, Smithfield, 170, 174, 372. Wade, Colonel, Vagrant Act, 329 n. 1. Walker, Mr. (Quaker), 191 Warden, Major, British Resident : Chief Magistrate, Bloemfontein, 142, 144, 146, 170, 178 and n. ; and the Sovereignty rebellion, 134, 137, 138, 147-53 passim ; invites Kaffir co-operation, 153 ; surrenders to Pretorius, 150 ; and the Basutoland boundaries, 175, 176 ; and native troubles, 170, 173, 372, 373, 418 et seq. passim, 475 ; unpopularity of, -"423-4 ; difficulties with the Boer burghers, 363, 423-4 ; appeals to Natal for help, 424, 425 ; and Pretorius' offer of mediation, 425-7, 428; Earl Grey's views on, 425, 428-9, 445. Warren, Lieutenant, 156. Waterboer, Griqua chief, 396. Waterkloof Mountains, operations in, 406-9, 410, 435, 460, 463-4, 466. Waterloo Bay, 28, 30, 34. Watermeyer, Mr. Adv., 199. Wellington, Duke of, 127, 324, 448. Wesleyans : of King William's Town, 169 ; missions stations of, 290 n., 456, 475, 485- Wessels, Jury, 143, 427 n. Wessels, Klaas, 143. Wessels, Martinus Hendrik, 414 n., 422, 427 n. West, Martin, Lieut.-Governor of Natal, 74, 77, 78, 79 ; and the Natal Boers, 80 et seq. ; and the Klip River Government, 81 et seq., 87 et seq. ; message to Panda, 82 ; visit to Klip River district, 87-8 ; proclamation to Klip River people, 90, 91, 94 and n. ; theory on rumours as to Panda's attitude regarding Boer exodus, 92 ; otherwise mentioned, 134. Western Province, recruiting, 325, 384 ; Hottentot response, 325. Whittlesea, 112, 339, 346, 371, 372 ; Kaffir police desert, 323 ; battles of, 347-9 ; surreptitious armistice, 349-50. Wicht, Mr., and the Legislative Council election, 246, 252, 258. Wienand, Mr., magistrate, Kat River Settlement, 323, 331, 337, 340, 342, 344, 345- Wilmot, Major Eardley, 380, 389. Winburg, 114, 115, 116, 143, 145-6, 148-9; Landdrostty election, 136; district, 164 ; land commission duties in, 175 ; Boers of, and the native troubles, 421-3. Winterberg district : Hottentot activities in, 350 ; ravages in, in the 1850 war, 393- Wittenhall, Major, 18. Woburn, military village. 128, 129, 130 and n„ 131, 168, 303, 31 1-2, 313, 3H- Woest, J., 387. Wolmarans, F. G., 426. Woodefield, Mr., surveyor, 489. Woosnam, Richard, 4, 19. 46, 72, 74, 76, 77- 520 INDEX Worcester, 152 ; resolutions in Representative Government agitation, 281, 282. Wright, Captain, 441, 442, 443. Wylde, Sir John, Chief Justice, 223, 224, 283 n., 326, 343 ; memorandum on Representative Government, 240-1. Wyvill, Commodore, 220. Xaimpi, Gaika chief, 312, 313, 317, 465. Xogomesh (see Hermanus). Xoxo, Kaffir chief, 297, 298, 299. Yeomanry, 21, 27. Yorke, Major-General, 449, 455 ; attacks Uithaalder's stronghold, 459. Young, Sir Henry E. F., career, 60 ; characteristics, 60 ; appointed to Lieutenant-Governorship, 60 ; arrival in Eastern Province, 60-1 ; impressions of the Eastern Province, 61 ; and East versus West pro blem, 61, 62, 66, 67, 72, 235 ; conflict with the judicature, 62-4 ; question of his authority and prerogative, 64, 65 ; appointment to South Australia, 72. Zikali (Zulu chief), 93, 135. Zulu refugees, 84, 85 n. 1, 88, 117. Zulus, employment of, in the Colony, 321, 381 ; and in the Sovereignty troubles, 424-5. Zuurberg, Hottentot activity in, 394, 395. Zuurberg Pass road, 69. Zuurbrak, attitude in franchise question, 277. Printed at the Burleigh Press, Lewin's Mead, Bristol 3 9002 05459