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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/16494-8.txt b/16494-8.txt new file mode 100644 index 0000000..9fb437f --- /dev/null +++ b/16494-8.txt @@ -0,0 +1,20314 @@ +Project Gutenberg's The Transvaal from Within, by J. P. Fitzpatrick + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Transvaal from Within + A Private Record of Public Affairs + +Author: J. P. Fitzpatrick + +Release Date: August 9, 2005 [EBook #16494] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK THE TRANSVAAL FROM WITHIN *** + + + + +Produced by Jonathan Ingram, Andrew Sly and the Online +Distributed Proofreading Team at https://www.pgdp.net + + + + + + +THE TRANSVAAL FROM WITHIN + +A Private Record of Public Affairs + +BY +J.P. FITZPATRICK +AUTHOR OF 'THE OUTSPAN' + + +LONDON +WILLIAM HEINEMANN +1899 + + +_Written August, 1896. +Privately circulated June, 1899. +Supplemented and published September 1899._ + + + +PREFACE + + +It was originally designed to compile a statement of the +occurrences of 1895-6 in the Transvaal and of the conditions +which led up to them, in the hope of removing the very grave +misunderstandings which existed. Everybody else had been heard and +judged, the Uitlander had only been judged. It therefore seemed +proper that somebody should attempt to present the case for the +Uitlander. The writer, as a South African by birth, as a resident +in the Transvaal since 1884, and lastly as Secretary of the Reform +Committee, felt impelled to do this, but suffered under the +disability of President Kruger's three years' ban; and although it +might possibly have been urged that a plain statement of facts and +explanations of past actions could not be fairly regarded as a +deliberate interference in politics, the facts themselves when set +out appeared to constitute an indictment so strong as to make it +worth while considering whether the Government of the Transvaal would +not regard it as sufficient excuse to put in force the sentence of +banishment. The postponement of publication which was then decided +upon for a period of three years appeared to be tantamount to the +abandonment of the original purpose, and the work was continued with +the intention of making it a private record to be printed at the +expiry of the term of silence, and to be privately circulated among +those who were personally concerned or interested; a record which +might perhaps be of service some day in filling in a page of South +African history. + +The private circulation of that work during June of the present +year led to suggestions from many quarters that it should be +supplemented by a chapter or two dealing with later events and +published; and the present volume is the outcome of these +suggestions. + +It is realized that much of what might properly appear in a private +record will be considered rather superfluous in a book designed for +wider circulation. For instance, a good deal of space is given to +details of the trial and the prison life of the Reformers, which are +of no interest whatever to the public, although they form a record +which the men themselves may like to preserve. These might have been +omitted but that the writer desired to make no alterations in the +original text except in the nature of literary revision. + +The writer may be charged by the "peace" party with deliberately +selecting a critical and anxious time as opportune to contribute a +new factor to those already militating against a peaceful settlement. +Two replies could be made to this: one an excuse and one an answer. +It would be an excuse that the writer did not deliberately select +the time of publication, but that the Transvaal Government in its +wisdom chose to impose silence for three years, and that the project +with which their action had interfered was resumed at the earliest +possible moment. The coincidence of another crisis with the date of +emancipation may be an unlucky coincidence, or it may be a result. +But there is neither necessity nor intention to offer excuses. The +responsibility is accepted and the answer is that a case so sound +needs only to be understood, that a recital of the facts must help +to dispel the mists of race prejudice and misunderstanding which are +obscuring the judgment of many; and that a firm but strictly just +and dignified handling of the question by the Imperial Government +is the only possible way to avert a catastrophe in South Africa. It +is essential therefore that first of all the conditions as they are +should be understood; and this record is offered as a contribution +to that end. Let the measure of its truth be the measure of its +usefulness! + +The reader is not invited to believe that the case is presented in +such form as it might have been presented by an impartial historian. +It is the Transvaal _from within_, by one who feels all the +injustice and indignity of the position. With the knowledge, however, +that a good case is spoiled by overstatement and with the desire to +avoid injustice to others an earnest attempt has been made to state +the facts fairly. In how far that attempt has been successful the +reader must decide for himself. + +J.P.F. + _July, 1899._ + + + + +NOTE + + +It has been impossible to avoid in this volume more or less pointed +reference to certain nationalities in certain connections; for +instance such expressions as "the Boers," "the Cape Dutch," "the +Hollanders," "the Germans," are used. The writer desires to say once +and for all that unless the contrary is obviously and deliberately +indicated, the distinctions between nationalities are intended in the +political sense only and not in the racial sense, and if by mischance +there should be found something in these pages which seems offensive, +he begs the more indulgent interpretation on the ground of a very +earnest desire to remove and not to accentuate race distinctions. + +General references are also made to classes--"the civil service," +"the officials," &c. There are officials in the Transvaal service +who would earn the confidence and esteem of the public in any +administration in the world. It is hardly necessary to say that there +is no intention to disparage them. + + + + +CONTENTS + +PART I. + CHAPTER I. EARLIER DAYS 1 + CHAPTER II. AFTER THE WAR 44 + CHAPTER III. THE ORIGIN OF THE MOVEMENT 117 + CHAPTER IV. THE REFORM COMMITTEE 137 + CHAPTER V. THE COMMITTEE'S DILEMMA 151 + CHAPTER VI. THE INVASION 173 + CHAPTER VII. AFTER DOORNKOP 200 + CHAPTER VIII. ARREST AND TRIAL OF THE REFORMERS 222 + CHAPTER IX. LIFE IN GAOL 251 + +PART II. + CHAPTER X. THREE YEARS' GRACE 285 + CHAPTER XI. THE BEGINNING OF THE END 333 + +APPENDICES. + APPENDIX A. Pretoria Convention. 369 + APPENDIX B. London Convention. 377 + APPENDIX C. President Kruger's Affairs in the Raads. 385 + APPENDIX D. Volksraad Debates. 387 + APPENDIX E. Malaboch. 395 + APPENDIX F. The Great Franchise Debate. 396 + APPENDIX G. Terms of Dr. Jameson's Surrender. 404 + APPENDIX H. Sir John Willoughby's Report to the War Office. 411 + APPENDIX I. Manifesto. 422 + APPENDIX K. The Case of the Chieftainess Toeremetsjani. 432 + APPENDIX L. Report on the Letter written on a Torn Telegram Form + signed "F.R.," by Mr. T.H. Gurrin, Expert in Handwriting. 438 + + + + + +PART I. + + + + +CHAPTER I. + +IN EARLIER DAYS. + + +When, before resorting to extreme measures to obtain what the +Uitlanders deemed to be their bare rights, the final appeal or +declaration was made on Boxing Day, 1895, in the form of the +manifesto published by the Chairman of the National Union, President +Kruger, after an attentive consideration of the document as +translated to him, remarked grimly: 'Their rights. Yes, they'll get +them--over my dead body!' And volumes of explanation could not better +illustrate the Boer attitude and policy towards the English-speaking +immigrants. + +'L'État c'est moi' is almost as true of the old Dopper President as +it was of its originator; for in matters of external policy and in +matters which concern the Boer as a party the President has his way +as surely and as completely as any anointed autocrat. To anyone who +has studied the Boers and their ways and policy--who has given more +than passing consideration to the incidents and negotiations of the +present year{01}--it must be clear that President Kruger does +something more than represent the opinion of the people and execute +their policy: he moulds them in the form he wills. By the force of +his own strong convictions and prejudices, and of his indomitable +will, he has made the Boers a people whom he regards as the germ of +the Africander nation; a people chastened, selected, welded, and +strong enough to attract and assimilate all their kindred in South +Africa, and then to realize the dream of a Dutch Republic from the +Zambesi to Capetown. + +In the history of South Africa the figure of the grim old President +will loom large and striking--picturesque, as the figure of one who +by his character and will made and held his people; magnificent, as +one who in the face of the blackest fortune never wavered from his +aim or faltered in his effort; who, with a courage that seemed, and +still seems, fatuous, but which may well be called heroic, stood up +against the might of the greatest empire in the world. And, it may +be, pathetic, too, as one whose limitations were great, one whose +training and associations--whose very successes--had narrowed, and +embittered and hardened him; as one who, when the greatness of +success was his to take and to hold, turned his back on the supreme +opportunity, and used his strength and qualities to fight against the +spirit of progress, and all that the enlightenment of the age +pronounces to be fitting and necessary to good government and a +healthy State. + +To an English nobleman, who, in the course of an interview, remarked, +'My father was a Minister of England, and twice Viceroy of Ireland,' +the old Dutchman answered, 'And my father was a shepherd!' It was not +pride rebuking pride; it was the ever-present fact which would not +have been worth mentioning but for the suggestion of the antithesis. +He too was a shepherd, and is--a peasant. It may be that he knows +what would be right and good for his people, and it may be not; but +it is sure that he realizes that to educate would be to emancipate, +to broaden their views would be to break down the defences of their +prejudices, to let in the new leaven would be to spoil the old bread, +to give unto all men the rights of men would be to swamp for ever the +party which is to him greater than the State. When one thinks on the +one-century history of the people, much is seen that accounts for +their extraordinary love of isolation, and their ingrained and +passionate aversion to control; much too that draws to them a world +of sympathy. And when one realizes the old Dopper President hemmed in +once more by the hurrying tide of civilization, from which his people +have fled for generations--trying to fight both fate and +Nature--standing up to stem a tide as resistless as the eternal +sea--one sees the pathos of the picture. But this is as another +generation may see it. + +To-day we are too close--so close that the meaner details, the +insincerity, the injustice, the barbarity--all the unlovely touches +that will by-and-by be forgotten--sponged away by the gentle hand of +time, when only the picturesque will remain. + +In order to understand the deep, ineradicable aversion to English +rule which is in the heart and the blood and the bones of every Boer, +and of a great many of their kindred who are themselves British +subjects, one must recall the conditions under which the Dutch came +under British rule. When, in 1814, the Cape was finally ceded to +England, it had been twice acquired and held by conquest. The +colonists were practically all Dutch, or Huguenots who had adopted +Dutch as their language, and South Africa as their home. In any case +they were people who, by tradition, teaching and experience, must +have regarded the English as their enemies; people in whom there must +have been roused bitter resentment against being handed over with the +land to their traditional enemies. Were they serfs or subjects? has +been asked on their behalf. Had Holland the right, the power, over +freemen born, to say to them, 'You are our subjects, on our soil, and +we have transferred the soil and with it your allegiance to England, +whose sovereignty you will not be free to repudiate.' The Dutch +colonist said 'No.' The English Government and the laws of the day +said 'Yes.' + +Early in the century the Boers began to trek away from the sphere of +British rule. They were trekkers before that, indeed. Even in the +days of Van Riebeck (1650) they had trekked away from the crowded +parts, and opened up with the rifle and the plough new reaches of +country; pioneering in a rough but most effective way, driving back +the savage races, and clearing the way for civilization. There is, +however, a great difference to be noted between the early treks of +the emigrants and the treks 'from British rule.' In the former (with +few exceptions) they went, knowing that their Government would follow +them, and even anxious to have its support and its representatives; +and the people who formed their migrating parties were those who had +no or insufficient land in the settled parts, those who were starting +life on their own account, or those whose families could not be +located and provided for in the cramped circumstances of the more +occupied parts. In the other case, rich and poor, old and young, +went off as in the days and in the fashion of Moses or Abraham. They +went without leave or help of the Government; secretly or openly +they went, and they asked nothing but to be left alone. They left +their homes, their people, the protection of an established +Government and a rough civilization, and went out into the unknown. +And they had, as it appeared to them, and as it will appear to many +others, good reasons for taking so grave a step. For, although the +colonists of South Africa enjoyed better government, and infinitely +more liberty, under British rule, than they had under the tyrannical +_régime_ of the Dutch East India Company twenty years before +(against which the Boers had twice risen in rebellion) there were +many things which were not as they should have been. A generation +had grown up which knew nothing of the arbitrary and oppressive rule +of the old Dutch Company. Simple folks have long memories, and all +the world over injuries make a deeper and more lasting impression +than benefits; and the older generation of Boers, which could recall +a condition of things contrasting unpleasantly with British rule, +also remembered the executions of Slagters Nek--a vindication of the +law which, when all allowance has been made for disturbed times, and +the need of strong measures to stop rebellion in a newly-acquired +country, seems to us to-day to have been harsh, unnecessary, and +unwise in policy, and truly terrible in the manner of fulfilment. + +The Boers have produced from their own ranks no literary champion to +plead or defend their cause, and their earlier history is therefore +little known, and often misunderstood; but to their aid has come Mr. +George McCall Theal, the South African historian, whose years of +laborious research have rescued for South Africa much that would +otherwise have been lost. In his 'History of the Boers' Mr. Theal +records the causes of the great emigration, and shows how the Boers +stood up for fair treatment, and fought the cause, not of Boers +alone, but of all colonists. Boers and British were alike harshly and +ignorantly treated by high-handed Governors, and an ill-informed and +prejudiced Colonial Office, who made no distinction on the grounds +of nationality between the two; for we read that Englishmen had been +expelled the country, thrown in gaol, had their property +confiscated, and their newspapers suppressed for asserting their +independence, and for trifling breaches of harsh laws. The following +extract gives the best possible synopsis of the causes, and should +whet an appetite which can be gratified by the purchase of Mr. +Theal's book: + +Why, then, did these men abandon their homes, sacrifice whatever +property could not be carried away, and flee from English rule as +from the most hateful tyranny? The causes are stated in a great mass +of correspondence addressed by them to the Colonial Government, and +now preserved, with other colonial records, in declarations published +by some of them before leaving, in letters to their relatives and to +newspapers, and in hundreds of pages of printed matter, prepared by +friendly and hostile hands. The declaration of one of the ablest men +among them assigns the following as the motives of himself and the +party that went with him: + + 'GRAHAM'S TOWN, + '_January 22, 1837_ + +'1. We despair of saving the colony from those evils which threaten +it by the turbulent and dishonest conduct of vagrants who are allowed +to infest the country in every part; nor do we see any prospect of +peace or happiness for our children in a country thus distracted by +internal commotions. + +'2. We complain of the severe losses which we have been forced to +sustain by the emancipation of our slaves, and the vexatious laws +which have been enacted respecting them. + +'3. We complain of the continual system of plunder which we have for +years endured from the Kaffirs and other coloured classes, and +particularly by the last invasion of the colony, which has desolated +the frontier districts, and ruined most of the inhabitants. + +'4. We complain of the unjustifiable odium which has been cast upon +us by interested and dishonest persons, under the name of religion, +whose testimony is believed in England, to the exclusion of all +evidence in our favour; and we can foresee, as the result of this +prejudice, nothing but the total ruin of the country. + +'5. We are resolved, wherever we go, that we will uphold the just +principles of liberty; but, whilst we will take care that no one is +brought by us into a condition of slavery, we will establish such +regulations as may suppress crime, and preserve proper relations +between master and servant. + +'6. We solemnly declare that we leave this colony with a desire to +enjoy a quieter life than we have hitherto had. We will not molest +any people, nor deprive them of the smallest property; but, if +attacked, we shall consider ourselves fully justified in defending +our persons and effects, to the utmost of our ability, against every +enemy. + +'7. We make known that when we shall have framed a code of laws for +our guidance, copies shall be forwarded to this colony for general +information; but we take the opportunity of stating that it is our +firm resolve to make provision for the summary punishment, even with +death, of all traitors, without exception, who may be found amongst +us. + +'8. We purpose, in the course of our journey, and on arrival at the +country in which we shall permanently reside, to make known to the +native tribes our intentions, and our desire to live in peace and +friendly intercourse with them. + +'9. We quit this colony under the full assurance that the English +Government has nothing more to require of us, and will allow us to +govern ourselves without its interference in future. + +'10. We are now leaving the fruitful land of our birth, in which we +have suffered enormous losses and continual vexation, and are about +to enter a strange and dangerous territory; but we go with a firm +reliance on an all-seeing, just, and merciful God, whom we shall +always fear, and humbly endeavour to obey. + +'In the name of all who leave the colony with me, + + 'P. RETIEF.' + +But formal declarations such as the above are not in all instances to +be trusted. It is much safer to compare numerous documents written at +different times, by different persons, and under different +circumstances. For our subject this means of information is as +complete as can be desired. The correspondence of the emigrants with +the Cape Government was the work of many individuals, and extended +over many years. The letters are usually of great length, badly +constructed, and badly spelt--the productions, in short, of +uneducated men; but so uniform is the vein of thought running through +them all, that there is not the slightest difficulty in condensing +them into a dozen pages. When analyzed, the statements contained in +them are found to consist of two charges, one against the Imperial +Government, the other against the agents in South Africa of the +London Missionary Society. + +The Imperial Government was charged with exposing the white +inhabitants of the colony, without protection, to robbery and murder +by the blacks; with giving credence in every dispute to statements +made by interested persons in favour of savages, while refusing to +credit the testimony, no matter how reliable, of colonists of +European extraction; with liberating the slaves in an unjust manner; +and generally with such undue partiality for persons with black skins +and savage habits, as to make it preferable to seek a new home in the +wilderness than remain under the English flag. + +The missionaries of the London Society were charged with usurping +authority that should properly belong to the civil magistrate; with +misrepresenting facts; and with advocating schemes directly hostile +to the progress of civilization, and to the observance of order. And +it was asserted that the influence of these missionaries was all +powerful at the Colonial Office in London, by which the colony, +without a voice in the management of its affairs, was then ruled +absolutely. + +In support of the charges against the Imperial Government, the +emigrants dwelt largely upon the devastation of the eastern districts +by the Kaffirs' inroad of December, 1834, which was certainly +unprovoked by the colonists. Yet Lord Glenelg, who was then Secretary +of State for the Colonies, justified the Kaffirs, and not only +refused to punish them, but actually gave them a large slip of land, +including the dense jungles along the Fish River, that had long +been part of the colony; and made no other provision against the +recurrence of a destructive invasion than a series of treaties with a +number of barbarous chiefs, who had no regard for their engagements. +This event is the most prominent feature in the correspondence of +the emigrants; it is fairly recorded, and the language used is in +general much more moderate than that employed by the English +frontier colonists when relating the same circumstance. + +Next stands the removal of all restraint from the coloured population +of the colony, without the protection to the whites of even a Vagrant +Act. Several of the colonial divisions had been for ten or twelve +years overrun by fugitives from the Basuto and Betshuana countries, +who had been driven from their own homes by the troubles already +recorded. These people were usually termed Mantatees or Makatees, +from the supposition that they were all subjects of Ma Ntatisi. +Towards the eastern frontiers Kaffirs, and after the war Fingos, +wandered about practically wherever they chose. In the remainder of +the colony Hottentots, free blacks, and mixed breeds came and went as +they pleased. How is it possible, said the farmers, for us to +cultivate the ground, or breed cattle, with all these savages and +semi-savages constantly watching for opportunities to plunder +us--with no police, and no law under which suspicious characters can +be arrested and made to account for their manner of living? + +Much is said of the reproofs of Sir Benjamin D'Urban by the Secretary +of State, and, after 1838, of the dismissal of that Governor, (1) The +emigrants asserted that he was the best Governor the colony had had +since it became subject to England; they dwelt upon his benevolence, +his ability, his strict justice, his impartiality to white and black, +his efforts to promote civilization; and then they complained, in +words more bitter than are to be found when they referred to any +other subject, that the good Governor had been reproved, and finally +deprived of his office, because he had told the plain truth, +regardless of the London Missionary Society; and had endeavoured to +mete out to black criminals the same justice that he would have meted +out had they been white. There is now no one in South Africa who does +not agree with the emigrants in this matter. Nearly half a century +has passed away since Sir Benjamin D'Urban was forced into retirement +by Lord Glenelg; and during that period the principal measures which +he proposed have been approved of and adopted, while the successors +of those missionaries who were his bitter opponents are at present +among the strongest advocates of his system of dealing with the +natives. + +Sir Benjamin D'Urban remained in South Africa, after being deprived +of office, until the reversal of his policy towards the natives was +admitted by most people even in England to have been a mistake. He +did not leave the Cape until April, 1846, just after the commencement +of the War of the Axe. + +Concerning the liberation of the slaves, there is less in this +correspondence than one might reasonably expect to find. Many scores +of pages can be examined without any allusion whatever to it. Nowhere +is there a single word to be found in favour of slavery as an +institution; the view of the emigrants, with hardly an exception, +being fairly represented in the following sentence, taken from a +letter of the Volksraad at Natal to Sir George Napier: 'A long and +sad experience has sufficiently convinced us of the injury, loss, and +dearness of slave labour, so that neither slavery nor the slave trade +will ever be permitted among us.' + +[The allusions to the emancipation of slaves, and to slavery as an +institution, will be considered by many to need some modification or +explanation. The Dutch even to-day speak of the emancipation as the +real cause of the great exodus; and the system of indenture, and +the treatment of natives generally by the Boers, cannot fairly be +regarded as warranting the view expressed by Mr. Theal in connection +with this letter to Sir George Napier.] + +It is alleged, however, that the emancipation, as it was carried out, +was an act of confiscation. It is stated that most of the slaves were +brought to the colony in English ships, and sold by English subjects; +that when, in 1795, the colony was invited by English officers of +high rank to place itself under the protection of England, one of the +inducements held out was security in slave property; at the same time +those officers warning the colonists that if France obtained +possession she would liberate the slaves, as she had done in +Martinique, thereby ruining this colony as she had ruined that +island; that the English Government had recently and suddenly changed +its policy, and required them to conform to the change with equal +alacrity, whereas they were convinced that gradual emancipation, with +securities against vagrancy, was the only safe course. The +emancipation had been sudden, and the slaves had been placed upon a +perfect political equality with their former proprietors. The +missionaries applauded this as a noble and generous act of the +Imperial Government, and they were told that by everyone in England +it was so regarded. But at whose expense was this noble and generous +act carried out? Agents of the Imperial Government had appraised the +slaves, generally at less than their market value. Two-fifths of this +appraisement, being the share apportioned to the Cape out of the +twenty million pounds sterling voted by the Imperial Parliament, had +then been offered to the proprietors as compensation, if they chose +to go to London for it, otherwise they could only dispose of their +claims at a heavy discount. Thus, in point of fact, only about +one-third of the appraised amount had been received. To all +slave-holders this had meant a great reduction of wealth, while to +many of those who were in debt it was equivalent to the utter +deprivation of all property. + +As regards the missionaries, a crusade was organized by some of these +worthies, who had themselves married Kaffir women, and who spared no +effort and showed no scruple in blackening the name of colonist. + +The views and interests of the colonists and of these men were so +different that concord was hardly possible. The missionaries desired +that the blacks should be collected together in villages: the +colonists were unwilling that they should be thus withdrawn from +service. 'Teach them the first step in civilization, to labour +honestly for their maintenance, and add to that oral instruction in +the doctrines of Christianity,' said the colonists. 'Why should they +be debarred from learning to read and write? And as there can only be +schools if they are brought together in villages, why should they not +be collected together?' replied the missionaries. + +Then came another and a larger question. By whom should the waste +places of the land, the vast areas which were without other occupants +than a few roving Bushmen, be peopled? 'By the white man,' said the +colonists; 'it is to the advantage of the world in all time to come +that the higher race should expand and be dominant here; it would be +treason to humanity to prevent its growth where it can grow without +wrong to others, or to plant an inferior stock where the superior can +take root and flourish.' 'By Africans,' said the missionaries; 'this +is African soil; and if mission stations are established on its +desolate tracts, people will be drawn to them from the far interior, +the community will grow rapidly, those enlightened by Christianity +here will desire in their turn to enlighten their friends beyond, and +thus the Gospel teaching will spread until all Africa stretches out +its hands to God.' Coupled with such arguments, which were constantly +used by missionaries in the early part of this century, before their +enthusiasm was cooled by experience, were calculations that appealed +strongly to the commercial instincts of people in England. A dozen +colonial farmers required something like a hundred square miles of +land for their cattle runs; on this same ground, under missionary +supervision, three or four hundred families of blacks could exist; +these blacks would shortly need large quantities of manufactured +goods; and thus it would be to the interest of trade to encourage +them rather than the colonists. 'Already,' said they, 'after only a +few years' training, many blacks can read as well or better than the +ordinary colonists, and are exhibiting a decided taste for +civilization.' + +There was thus a broad line of demarcation between the colonists and +such of the missionaries as held these views, and the tendency on +each side was to make it still broader. It was deepened into positive +antipathy towards those missionaries who, following Dr. Vanderkemp's +example, united themselves in marriage with black women, and +proclaimed themselves the champions of the black population against +the white. Everyone acquainted with South African natives knows how +ready they are to please their friends by bringing forward charges +against anyone whom those friends dislike. Unfortunately the +missionaries Vanderkemp and Read were deceived into believing a great +number of charges of cruelty made against various colonists, which a +little observation would have shown in most instances to be +groundless; and thereupon they lodged accusations before the High +Court of Justice. In 1811 between seventy and eighty such cases came +before the Circuit Court for trial. There was hardly a family on the +frontier of which some relative was not brought as a criminal before +the judges to answer to a charge of murder or violent assault. +Several months were occupied in the trials, and more than a thousand +witnesses were examined, but in every instance the most serious +charges were proved to be without foundation. Only a few convictions, +and those of no very outrageous crimes, resulted from these +prosecutions, which kept the entire colony in a ferment until long +after the circuit was closed. + +Thus far everyone will approve of the sentiments of one party or the +other according to his sympathy, but in what follows no unprejudiced +person who will take the trouble to study the matter thoroughly can +acquit the anti-colonial missionaries of something more faulty than +mere error of judgment. For years their writings teemed with charges +against the colonists similar to those they had brought before the +High Court of Justice. These writings were circulated widely in +Europe, where the voice of the colonists was never heard, and they +created impressions there which no refutation made in South Africa +could ever counteract. The acts, the language, even the written +petitions of the colonists, were so distorted in accounts sent home, +that these accounts cannot now be read by those who have made +themselves acquainted with the truth, without the liveliest feelings +of indignation being excited. + +The colonists learned that in England they were regarded as cruel +barbarians because they refused to permit Hottentot herds, swarming +with vermin, to be seated in their front rooms at the time of family +prayer. They found themselves pictured as the harshest of +taskmasters, as unfeeling violators of native rights. And of late +years it had become plain to them that the views of their opponents +were being acted upon at the Colonial Office, while their complaints +were wholly disregarded. + +Several causes of dissatisfaction, besides those above mentioned, +contributed to the impulse of emigration, but all in a very slight +degree. Judge Cloete, in his 'Five Lectures,' mentions the severe +punishment inflicted upon the frontier insurgents of 1815 as one of +them; and there is no doubt that it was so with some families, though +no trace of it can be found in the correspondence of the emigrants. +The substitution in 1827 of the English for the Dutch language in the +colonial courts of law was certainly generally felt as a grievance. +The alteration in 1813 of the system of land tenure, the redemption +in 1825 of the paper currency at only thirty-six hundredths of its +nominal value, and the abolition in 1827 of the courts of landdrost +and heemraden, unquestionably caused much dissatisfaction, though all +of these measures are now admitted by everyone to have been +beneficial. The long delay in issuing titles to farms, the cost of +which has been paid to Government years before, is mentioned as a +grievance in some of the declarations. + +Two parties--men, women, and children--numbering ninety-eight in all, +pioneered the great trek; of these twenty-six survived fever and +fighting, loss of provisions, waggons, and cattle, and a long weary +tramp from Zoutpansberg to Delagoa Bay, and were rescued and taken +thence to Natal, and two children were carried off by the natives. +The survivors were three women with their twelve children--seven +orphan children and four youths. Not a single grown man escaped. + +During the winter of 1836 preparations for emigration were being made +over the eastern and midland districts. The Governor was perfectly +helpless in the matter. The Attorney-General, Mr. A. Oliphant, was +consulted by the Governor, and gave his opinion that 'it seemed next +to an impossibility to prevent persons passing out of the colony by +laws in force, or by any which could be framed.' On August 19 Sir +Benjamin D'Urban wrote to the Lieutenant-Governor, Sir Andries +Stockenstrom, that 'he could see no means of stopping the emigration, +except by persuasion, and attention to the wants and necessities of +the farmers.' In that direction the Governor had done all that was in +his power, but he could not act in opposition to the instructions of +the Secretary of State. Sir Andries Stockenstrom himself, in replying +to an address from the inhabitants of Uitenhage, stated that 'he +was not aware of any law which prevented any of his Majesty's +subjects from leaving his dominions and settling in another country; +and such a law, if it did exist, would be tyrannical and +oppressive.' + +The story of the trekkers is one of surpassing interest, and must +enlist for them the sympathy and unbounded admiration of all. + +By the middle of the year 1837 there were over one thousand waggons +between the Caledon and Vaal rivers--truly a notable and alarming +exodus; and the Boers then began the work of carving out new +countries for themselves. Their history surpasses all fiction in its +vicissitudes, successes, and tragedies. They fought and worked and +trekked, onward, always onward--never returning--on beyond the +furthermost outposts of civilization. + +And so the story rolls on, gaining pathos, but losing no whit of +interest from its eternal sameness. They fought, and worked, and +starved, and died for their land of promise, where they might hope to +be alone, like the simple people of their one Book; where they might +never know the hated British rule; where they might never experience +the forms and trammels, the restlessness and changes, the worries, +the necessities or benefits, of progressing civilization. Their +quarrel had been with the abuses and blunders of one Government; but +a narrow experience moved them to mistrust all but their own pastoral +patriarchal way, moulded on the records of the Bible, and to regard +the evidences of progress as warnings of coming oppression and +curtailment of liberty, and a departure from the simple and ideal +way. The abuses from which they suffered are no more; the methods +which were unjust have been abandoned; the ignorance of the ruler has +been dispelled; in place of despotism there is autonomy; justice +rules where ignorance and bias sat; liberty where there was +interference; protection for oppression; progress and civilization +have increased as in no other epoch; and the nation and Government +from which they severed themselves have taken their place in the very +forefront of all. But the Boer sees with the eyes of sixty years ago! + +The ideal was impossible, the struggle hopeless, the end certain. +They trekked, and trekked and trekked again; but the flag of +England--emblem of all they hated--was close by; behind, beside, +in front, or over them; and the something which they could not +fight--the ever-advancing tide of civilization--lapped at their +feet, and slowly, silently, and for ever blotted out the line where +they had written, 'Thus far and no further.' + +The South African Republic had been in existence as an independent +State for twelve years when it reached that condition of insolvency +which appeared to invite, or at least justify, annexation, as the +only alternative to complete ruin and chaos. And there are very few, +even among the most uncompromising supporters of the Boers, who +seriously attempt to show that the Transvaal had any prospect of +prolonging its existence as an independent State for more than a few +months when Sir Theophilus Shepstone annexed it in 1877. The +following picture is from a book published by the late Alfred +Aylward, the Fenian, more anti-British than the Boer himself, who was +present at the time, and wrote his book in order to enlist sympathy +for the movement then (1878) organized to obtain a cancellation of +the annexation. The value of Aylward's testimony would not be fairly +appreciated without some explanation. + +Sir Bartle Frere describes him (and quotes Scotland Yard authorities +who knew him well) as one of the party who murdered the policeman at +Manchester, and one of the worst and most active of the dynamiting +Irishmen--a professional agitator, who boasted of his purpose to +promote the Transvaal rebellion. Major Le Caron, too, stated on oath +before the Parnell Commission that money was sent by the Irish Rebel +Societies, through Aylward, to stir up the Transvaal rebellion. This +is what Aylward says: + +All South Africa was for the moment at rest, with the exception of +the district of Utrecht, where an old-standing grievance with +Cetewayo was the cause of some little alarm and excitement (_i.e._, +Cetewayo's threatened invasion). Still, the Transvaal was disturbed +throughout its whole extent by the expectation of some pending +change--a change coming from the outside, which had been invited by +an active, discontented party, chiefly foreigners, dwellers in towns, +non-producers, place-hunters, deserters, refugees, land-speculators, +'development-men,' and pests of Transvaal society generally, who +openly preached resistance to the law, refusal to pay taxes, and +contempt of the natural and guaranteed owners of the country in +which they lived, in the distinctly expressed hope that foreign +intervention would fill the country with British gold, and conduce +to their own material prosperity. The Boers, spread over a country +larger than France, were stunned into stupor by the demonstrative +loudness of the party of discontent. In some districts they (the +Boers) were poor, and could not readily pay the taxes imposed upon +them by the wars and railway projects of the Government. Their +Volksraad was in Session, but its every action was paralyzed by the +gloom of impending dissolution. + +The Republic owed Ł215,000, which it had no immediate means of +paying. Its creditors were clamorous; whilst the Executive, turn to +which side it would, found itself confronted by threats, reproaches, +accusations of slavery and cruelty based upon hearsay, and which, +like the annexation that steadily approached, could not be met, +because neither of them had yet assumed the evidenced consistency of +actual fact. There was no public opinion to support the Government or +to save the Republic. The Boers lived far apart from each other, +whilst the annexationists and the party of disorder dwelt, in compact +communities, in towns and mining villages. Into the midst of this +confusion--into the capital of this bewildered State--entered Sir +Theophilus Shepstone and his staff. He had not come to seize the +country--he had come as 'an adviser, as a helper, and as a friend'; +but his advent was a blight--an incubus which rendered additionally +powerless the unfortunate President and his Council. The coming of +Sir Theophilus Shepstone was, to the minds of nearly all, but too +clearly the forerunner of change. In the face of this additional +whet to the anticipations of the party of disturbance, something +that has been described as anarchy prevailed. Everyone waited; all +fell into a state of expectation; no one attempted to save the State, +or repel the danger. At the same time, there was no anarchy in the +proper sense of the word. Justice sat on her seat; criminals were +arrested and brought to trial; actions at law were heard and +determined; and in no one place, save the goldfields, was authority, +even for a moment, defied. There the law vindicated itself without +having used violence or shed one drop of blood. Not one single +public outrage, not one unpunished crime, marked this period of +suspense, which is described by partizan writers as a time of +chaos and anarchy. + +Peace was granted to Secocoeni, and the quietness and gloom of the +country became even more profound. + +Now, had a commission, royal or joint, been opened in Pretoria to +inquire into the truth of the allegations made against the +Government, history might perhaps be able to record that judgment, +followed by justice, had overtaken the Transvaal. No commission was +opened. There was a banquet and a ball. The suspense increased in +intensity. Understrappers, and agents of the discontented faction, +filled the country with rumours of impending annexation, and +sometimes of impending conquest. The Boers, the inhabitants of the +country, asked day after day what was the mission of the English +Commissioner. They visited him in hundreds; but he knew the wonderful +advantage to be gathered from the heightening of the mystery, and the +intensifying of the excitement. He listened to everyone; but he +maintained a gloomy and impassive silence, neither checking the +aspirations of the annexationists, nor dissipating the forebodings of +the farmers. + +News arrived that troops were marching towards, and massing on, +Theophilus sought not to alleviate the anxieties of the Government, +nor to quell the now rising alarm amongst the people; he simply sat +still and listened, watching the writhings and stragglings of the +doomed Volksraad, and awaiting a favourable moment to end its +existence. + +At length someone determined to ask: 'Was it not possible to avert +this annexation which loomed before every mind, brooding like a +shadow upon the country?' He went to Sir Theophilus; he asked his +question; and at length the oracle spoke. Without moving a muscle of +his wonderfully impassive countenance, without even raising his eyes +to look at the interlocutor, Sir Theophilus calmly murmured: 'It is +too late!--too late!' And so, without the authorization of the home +Government, without the consent of her Majesty's High Commissioner, +without the concurrence of the Volksraad, against the will of +thirty-nine-fortieths of the people, and in defiance of the protest +of their Executive, as Mr. Anthony Trollope puts it, Sir Theophilus +said: 'Then and from thenceforth the Transvaal shall be British +property!' So he put up the Queen's flag. + +Now, it is impossible to conceive anything more admirable for its +discretion, more wisely calculated as to the moment of its +occurrence, or more suavely and yet firmly done than this act. There +was not a blow struck, not a shot fired; and the first impulse of +nearly every person in the country, whether in principle opposed to +annexation or not, was to congratulate Sir Theophilus Shepstone on +the skill, tact, and good fortune with which he had put an end to the +excessive anxiety, the mental strain, the fears, hopes, and +expectations by which the whole country was paralyzed. Whether the +annexation be now held to be right or wrong, its execution, so far as +regards the act itself, was an unparalleled triumph of tact, modesty, +and firmness. + +It was not discovered at the moment, and it never entered into any +man's mind to consider, that it was the presence in Pretoria of Sir +Theophilus himself that had created the anxiety, and caused the +paralysis; and that it was his arts and presence that had tightened +and strung up into quivering intensity the mind of the country. He +had broken the spell; he had introduced certainty in place of +uncertainty; and he was congratulated, and very properly so, for the +manner in which he had brought to a conclusion his hazardous mission. + +Sir Theophilus Shepstone's despatches record his negotiations with +President Burgers, and the arrangement which allowed him to make a +formal protest against the annexation, so as to satisfy his +Irreconcilables, whilst he in reality not only assented to the +measure, but even assisted the completion of it, and discussed the +details with Shepstone, who in turn had revised President Burgers' +'protest.' + +On April 3, 1877, Shepstone had written to Frere: + +Mr. Burgers, who had been all along, as far as his conversation and +professions to me went, in full accord with me, had suddenly taken +alarm; he made impossible proposals, all of which involved infinite +delay, and, of course, dangerous agitation. As far as I am concerned, +leave the country, civil war would at once take place, as the natives +would consider it the sunshine in which they could make hay in the +Transvaal; the goldfields are in a state of rebellion against the +Transvaal Government, and they are kept from overt acts only by my +warnings and entreaties. + +And eight days later he wrote to Mr. Robert Herbert enclosing his +letter under 'flying seal' to Frere: + +There will be a protest against my act of annexation issued by the +Government, but they will at the same time call upon the people to +submit quietly, pending the issue; you need not be disquieted by such +action, because it is taken merely to save appearances, and the +members of the Government from the violence of a faction that seems +for years to have held Pretoria in terror when any act of the +Government displeased it. + +You will better understand this when I tell you privately that the +President has from the first fully acquiesced in the necessity for +the change, and that most of the members of the Government have +expressed themselves anxious for it; but none of them have had the +courage openly to express their opinions, so I have had to act +apparently against them; and this I have felt bound to do, knowing +the state and danger of the country, and that three-fourths of the +people will be thankful for the change when once it is made. + +Yesterday morning Mr. Burgers came to me to arrange how the matter +should be done. I read to him the draft of my Proclamation, and he +proposed the alteration of two words only, to which I agreed. He +brought to me a number of conditions which he wished me to insert, +which I have accepted, and have embodied in my Proclamation. He told +me that he could not help issuing a protest, to keep the noisy +portion of the people quiet--and you will see grounds for this +precaution when I tell you that there are only half a dozen native +constables to represent the power of the State in Pretoria, and a +considerable number of the Boers in the neighbourhood are of the +lowest and most ignorant class. Mr. Burgers read me, too, the draft +of his protest, and asked me if I saw any objection to it, or thought +it too strong. I said that it appeared to me to pledge the people to +resist by-and-by; to which he replied that it was to tide over the +difficulty of the moment, seeing that my support, the troops, were a +fortnight's march distant, and that by the time the answer to the +protest came, all desire of opposition would have died out. I +therefore did not persuade him from his protest. + +You will see, when the proclamation reaches you, that I have taken +high ground. Nothing but annexation will or can save the State, and +nothing else can save South Africa from the direst consequences. All +the thinking and intelligent people know this, and will be thankful +to be delivered from the thraldom of petty factions, by which they +are perpetually kept in a state of excitement and unrest, because the +Government, and everything connected with it, is a thorough sham. + +This arrangement with President Burgers was a most improper +compromise on both sides. Moreover, Shepstone received the protests +of the Executive Council and of the Volksraad before he issued his +proclamation. He had plenty of evidence to show that even if his +action was approved by the majority, the Boers were sufficiently +divided to demand some delay. He knew that the members of the +Government and of the Raad would not face the responsibility of +relinquishing the State's independence, although he received +private assurances and entreaties encouraging him to act. He had +representations and deputations from the Boers themselves, +sufficient in weight and number to warrant his belief that a large +proportion of the people desired annexation. He should not have +allowed the 'hedging' that was practised at his expense. The Boer +leaders were 'between the devil and the deep sea.' There can be no +doubt whatever that they dearly loved and prized their independence, +and would have fought even then for it had they been in a position +to preserve and profit by it; but they were not. They dared neither +ask for relief at the price of annexation, nor reject the proffered +relief at the price of continuing the hopeless struggle. So they +compromised. They took the relief, they accepted pay of the new +Government, and entered a protest, so as to put themselves right +with the records and stand well with untamed ones of the party. + +The Act of Annexation is so generally condemned by the friends and +sympathizers of the Boers, and is so persistently quoted by them as +the cause of the Boer War, that it is only right to show clearly what +the opinion was at that time; and if it be deemed that overmuch space +is given to this matter, the answer is, that it is quoted now as the +crime which gave rise to the present hatred and mistrust of England, +and it is all-important that the truth should be clear. + +This is what Mr. J.F. Celliers, the patriotic editor of the Boer +newspaper, _De Volksstem_, wrote in reviewing the work of the special +session of the Volksraad, convened to deal with the questions of Lord +Carnarvon's Federation Bill, and the rescuing of the country from +ruin and chaos:--'During the session we have repeatedly had occasion +to comment on the doings of the Raad. These comments have not been +favourable, and we regret to say that we have found in the closing +scenes of our Legislature no reason to alter our opinions.' Then +follows a scathing account of the 'work done,' in which occur such +references as:--'With the exception of a couple of members, +no one had the sense or manliness to go into the question of +confederation'; and 'The most surprising feature of the whole +affair was this--that most of the speakers seemed not to have the +faintest conception of the desperate condition in which the country +stood....' And again, under date of March 28: 'About three months +ago we said we would prefer confederation under the British flag if +the state of anarchy then threatening were to continue. We know that +a good and stable Government is better than anarchy any day.' + +It is noteworthy that the writer of the above is the same Mr. +Celliers who, two years later, was put in gaol by Colonel Lanyon on a +charge of sedition, because he attacked the Administration for its +failure to keep the promises made at the time of annexation. + +Three thousand out of eight thousand voters actually signed petitions +in favour of annexation. In the Raad, President Burgers openly +reproached members for proclaiming in public, and for improper +reasons, views diametrically opposed to those privately expressed on +the confederation and annexation questions; and refused to consult +with three out of four members appointed as a deputation to confer +with him on these subjects, because they had not paid their taxes, +and had so helped by example, not less than by the actual offence, to +cause the ruin of the country and the loss of independence. And on +March 3 President Burgers read an address to the Raad, in which the +following words occur: + +'I would rather be a policeman under a strong Government than the +President of such a State. It is you--you members of the Raad and the +Boers--who have lost the country, who have sold your independence for +a _soupe_ (a drink). You have ill-treated the natives, you have shot +them down, you have sold them into slavery, and now you have to pay +the penalty.' + + * * * * * * * + +'We should delude ourselves by entertaining the hope that matters +would mend by-and-by. It would only be self-deceit. I tell you +openly, matters are as bad as they ever can be; they cannot be worse. +These are bitter truths, and people may perhaps turn their backs on +me; but then I shall have the consolation of having done my duty.' + + * * * * * * * + +'It is said here this or that man must be released from taxes, +because the Kaffirs have driven them off their farms, and occupy the +latter. By this you proclaim to the world that the strongest man is +master here, that the right of the strongest obtains here.' [Mr. +Mare: 'This is not true.'] 'Then it is not true what the honourable +member, Mr. Breytenbach, has told us about the state of the Lydenburg +district; then it is not true either what another member has said +about the farms in Zoutpansberg, which are occupied by Kaffirs. +Neither is it true, then, what I saw with my own eyes at Lydenburg, +where the burghers had been driven off their farms by the Kaffirs, +and where Johannes was ploughing and sowing on the land of a burgher. +These are facts, and they show that the strongest man is the master +here. The fourth point which we have to take into account affects our +relations with our English neighbours. It is asked, What have they +got to do with our position? I tell you, as much as we have to do +with that of our Kaffir neighbours. As little as we can allow +barbarities among the Kaffirs on our borders, as little can they +allow that in a state on their borders anarchy and rebellion should +prevail.' + + * * * * * * * + +'Do you know what has recently happened in Turkey? Because no +civilized government was carried on there, the Great Powers +interfered and said, "Thus far, and no further." And if this is done +to an empire, will a little republic be excused when it misbehaves? + + * * * * * * * + +'Complain to other Powers, and seek justice there? Yes, thank God! +justice is still to be found, even for the most insignificant; but it +is precisely the justice which will convict us. If we want justice, +we must be in a position to ask it with unsullied hands.' + + * * * * * * * + +'Whence has arisen that urgency to make an appeal for interference +elsewhere? Has that appeal been made only by enemies of the State? Oh +no, gentlemen; it has arisen from real grievances. Our people have +degenerated from their former position; they have become demoralised; + they are not what they ought to be.' + + * * * * * * * + +'To-day a bill for Ł1,100 was laid before me for signature; but I +would sooner have cut off my right hand than sign that paper, for I +have not the slightest ground to expect that when that bill becomes +due there will be a penny to pay it with.' + + * * * * * * * + +The President added, and his statements remained uncontradicted: + +The principal thing which had brought them to their present position +was that to which they would not give attention. It was not this or +that thing which impeded their way, but they themselves stopped the +way; and if they asked him what prevented the people from remaining +obstruction, owing to the inherent incapacity and weakness of the +people. But whence this weakness? Was it because they were deformed? +because they were worse than other people? because they were too few +and too insignificant to occupy the country? Those arguments did not +weigh with him. They were not true; he did not consider them of any +importance. The people were as good as any other people, but they +were completely demoralized; they had lost faith in God, reliance +upon themselves, or trust in each other. Hence he believed they were +inherently weak. + + * * * * * * * + +He did not believe that a new constitution would save them; for as +little as the old constitution had brought them to ruin, so little +would a new constitution bring them salvation. + + * * * * * * * + +The Great Powers, with all their greatness, all their thousands of +soldiers, would fall as quickly as this State had fallen, and even +more quickly, if their citizens were to do what the citizens of this +State had done; if the citizens of England had behaved towards the +Crown as the burghers of this State had behaved to their Government, +England would never have stood as long as she had, not even as long +as this State had stood. This State owed obligations to other +countries; they knew that the fire which had nearly consumed this +State would, if felt by them, very soon consume them also. + + * * * * * * * + +In several of the cities of Holland there were people who had +subscribed for only one debenture, because they thought men of their +own blood were living in South Africa. What was the consequence? The +interest up to July last had been paid; in January of this year +Ł2,250 was due for interest, and there was not a penny to meet it. + + * * * * * * * + +To take up arms and fight was nonsense; to draw the sword would be to +draw the sword against God, for it was God's judgment that the State +was in the condition it was to-day; and it was their duty to inquire +whether they should immerse in blood the thousands of innocent +inhabitants of this country, and if so, what for? For an idea--for +something they had in their heads, but not in their hearts; for an +independence which was not prized. Let them make the best of the +situation, and get the best terms they possibly could; let them agree +to join their hands to those of their brethren in the south, and then +from the Cape to the Zambesi there would be one great people. Yes, +there was something grand in that--grander even than their idea of a +Republic--something which ministered to their national feeling. And +would this be so miserable? Yes; this would be miserable for those +who would not be under the law, for the rebel and revolutionist, but +welfare and prosperity for the men of law and order. + + * * * * * * * + +They must not underrate their real and many difficulties. He could +point to the south-western border, the Zulu, the goldfields, and +other questions, and show them that it was their duty to come to an +arrangement with the British Government, and to do so in a bold and +manly manner. An hon. member on Saturday last had spoken with a +fervent patriotism; but he had failed to appreciate the reference, +because it amounted to this--that they must shut their eyes to +everything, so as to keep their independence. + +President Burgers, who left the Transvaal broken-hearted, more by the +cruel and mean intriguing and dissensions among, and disloyalty of, +his own people, which made the annexation possible, than by the Act +itself, when dying left a statement of the case. It is too long to +reproduce in its entirety. He shows how the English faction worked +for annexation, and how the Dopper party, headed by Kruger, allied +themselves with the former in intrigue against the Government, +thwarting all effort at reform and organization, and encouraging the +refusal to pay taxes. He states plainly that this course was pursued +by Kruger in order to oust him from power, and secure the Presidency +for himself. He shows how he opposed 'that other element which had +formerly worked in secret, viz., British interference, which got a +strong support from the Boers themselves, and one of their chief +leaders, P. Kruger, who had betrayed me, after promising me his and +his party's support.' He gives the final scene as follows: + +The Volksraad had gone away, having done nothing but harm. The +members of the Executive had gone home, as if all were safe, and I +sat with a half-new Cabinet and part of an old one, half discharged. +Yet I made one attempt more, and drafted a letter to Shepstone, +intimating that I would oppose the annexation by force of arms, etc.; +and showed this to two members of the Executive. The response to my +appeal, however, was so weak (one of them being in league with the +English) that I had to abandon the project, and try to prepare for +the worst. When, therefore, Shepstone's announcement came--that he +could wait no longer, that he had given us time enough to reform, and +that he must issue his proclamation--I could do no more than advise a +protest, and an appeal to foreign powers. This having been agreed to +by my Government, I met Shepstone in presence of the Executive, and +what could be saved for the country, such as its language, its +legislature, the position of its officials, etc., was arranged. +Before issuing his proclamation, Shepstone desired to see copies of +both mine and the Government protest. This I promised, on condition +he showed me his proclamation before publication: to which he agreed. +To one clause I greatly objected, and protested--namely, the threat +of confiscation of property for disobeying the proclamation. I +pointed out that this was barbarous, and would be punishing a man's +innocent family for his actions. The clause was omitted. This is +the origin of the lie that I helped Shepstone in drawing up this +proclamation. In justice to Shepstone, I must say that I would not +consider an officer of my Government to have acted faithfully if he +had not done what Shepstone did; and if the act was wrong (which +undoubtedly it was), not he, but his Government, is to blame for it. + +Messrs. Kruger and Jorissen left within a month to protest in England +against the annexation. + +Sir T. Shepstone wrote (May 9): 'Mr. Paul Kruger and his colleague, +Dr. Jorissen, D.D., the Commission to Europe, leave to-day. I do not +think that either of them wishes the Act of Annexation to be +cancelled; Dr. Jorissen certainly does not.' And Mr. J.D. Barry, +Recorder of Kimberley, wrote to Frere (May 15): 'The delegates, Paul +Kruger and Dr. Jorissen, left Pretoria on the 8th, and even they do +not seem to have much faith in their mission. Dr. Jorissen thinks +that the reversal of Sir Theophilus's Act would not only be +impossible, but a great injury to the country.' + +It is not necessary to seek hostile testimony to establish the fact +that the Boers as a whole acquiesced in the annexation; the +foregoing quotation from Aylward's book supplies all that is +needed--unintentionally, perhaps. The Zulu menace, which Aylward so +lightly dismisses, was a very serious matter; the danger a very real +one. It has frequently been asserted by the Boers and their friends +that the Zulu trouble was fomented by a section of the Natal people, +and that Sir Theophilus Shepstone himself, if he did not openly +encourage the Zulu King in his threats and encroachments on the +Transvaal, at any rate refrained from using his unique influence and +power with the Zulus in the direction of peace, and that he made a +none too scrupulous use of the Zulu question when he forced the +annexation of the Transvaal. It is stated that, in the first place, +there was no real danger, and in the next place, if there were, such +was Sir Theophilus's power with the Zulus that he could have averted +it; and in support of the first point, and in demolition of Sir T. +Shepstone's pro-annexation arguments, the following extract from the +latter's despatches is quoted by Aylward and others: + +EXTRACT FROM DESPATCH, DATED UTRECHT, TRANSVAAL, JANUARY 29, 1878. + +_Sir T. Shepstone to Sir H. Bulwer_. + +Par. 12. 'Although this question has existed for many years, and the +settlement of it has been long postponed, yet on no former occasion +has it assumed so serious an aspect, or included so wide an area of +territory; never before has there existed any bar to the farmers +occupying their farms after an absence more or less temporary, caused +by a temporary and local scare. Practically, the line of occupied +farms has not been heretofore affected by the dispute about the +beaconed boundary, but now the prohibition to these has become +absolute by Zulu claims and action. Ruin is staring the farmers in +the face, and their position is, _for the time, worse under Her +Majesty's Government than ever it was under the Republic_.' + +Had Sir T. Shepstone's power been as great as represented, it is fair +to suppose that it would have been exerted, and would have prevailed +in support of his own administration; but it seems clear that he +could do nothing; and as to the reality of the danger, nothing could +better establish that than the unpleasant admissions in the foregoing +extract and the initial disasters in the Zulu War a year later. The +Boers' protective power was not lessened by the annexation--quite +otherwise. It was supplemented by British money, arms, and soldiers, +and the prestige of the British flag, and yet things happened as +above described. What would they have been under the old conditions? + +The day before he issued the proclamation Sir T. Shepstone sent a +messenger to Cetewayo, telling him that the Transvaal would be under +British sovereignty, and warning him against aggression in that +direction. Cetewayo replied: 'I thank my father Somtseu (Shepstone) +for his message. I am glad that he has sent it, because the Dutch +have tired me out, and I intended to fight with them once, only once, +and to drive them over the Vaal. Kabana, you see my impis are +gathered. It was to fight the Dutch I called them together. Now I +will send them back to their houses.' (C. 1883, p. 19.) + +Colonel A.W. Durnford; R.E., in a memorandum of July 5, 1877, wrote: + +About this time (April 10) Cetewayo had massed his forces in three +corps on the borders, and would undoubtedly have swept the Transvaal, +country not been taken over by the English. In my opinion, he would +have cleared the country to Pretoria. + +'I am convinced,' wrote Sir A. Cunynghame, June 12, from Pretoria, +'that had this country not been annexed, it would have been ravaged +by the native tribes. Forty square miles of country had been overrun +by natives, and every house burned, just before the annexation.' And +he wrote again, July 6: 'Every day convinces me that unless this +country had been annexed it would have been a prey to plunder and +rapine from the natives on its border, joined by Secocoeni, Mapok, +and other tribes in the Transvaal. Feeling the influence of the +British Government, they are now tranquil.' + +So much for the reality of the danger. As to the causes of it and the +alleged responsibility of Natal, Sir Bartle Frere, in a letter to +General Ponsonby, made the following remarks: + +The fact is, that while the Boer Republic was a rival and +semi-hostile power, it was a Natal weakness rather to pet the Zulus +as one might a tame wolf, who only devoured one's neighbour's sheep. +We always remonstrated, but rather feebly; and now that both flocks +belong to us, we are rather embarrassed in stopping the wolf's +ravages. + +Sir B. Frere realized fully the dangers, and gave his testimony as to +Boer opinion. On December 15, 1877, he wrote, concerning his policy +towards the Zulus: + +My great anxiety is, of course, to avoid collision, and I am +satisfied that the only chance I have of keeping clear of it is to +show that I do not fear it. The Boers are, of course, in a state of +great apprehension, and I have ordered those of the two frontier +districts of Utrecht and Wakkerstroom to hold themselves in +readiness, should I find it necessary to call upon them for active +service. + +Sir T. Shepstone also wrote, concerning the reality of the danger, +under date December 25: + +The Boers are still flying, and I think by this time there must be a +belt of more than a hundred miles long and thirty broad, in which, +with three insignificant exceptions, there is nothing but absolute +desolation. This will give your Excellency some idea of the mischief +which Cetewayo's conduct has caused. + +And again (April 30, 1878): + +I find that Secocoeni acts as a kind of lieutenant to Cetewayo. He +received directions from the Zulu King, and these directions are by +Secocoeni issued to the various Basuto tribes in the Transvaal. + +Sir T. Shepstone rushed the annexation. He plucked the fruit that +would have fallen. He himself has said that he might have waited +until the Zulus actually made their threatened murderous raid. That +might have been Macchiavelian statecraft, but it would not have been +humanity; and there was nothing in the attitude of the Boer leaders +at the time of the annexation which foreshadowed the fierce and +determined opposition which afterwards developed. The fact seems to +be that the people of the Transvaal were either in favour of the +annexation, or were overpowered and dazed by the hopelessness of the +Republic's outlook; and they passively assented to the action of Sir +Theophilus Shepstone and his twenty-five policemen. The Boers were +quite unable to pay the taxes necessary to self-government and the +prosecution of the Kaffir wars. The Treasury was empty--save for the +much-quoted 12s. 6d. The Government Ł1 bluebacks were selling at 1s. +Civil servants' salaries were months in arrear. The President +himself--the excitable, unstable, visionary, but truly enlightened +and patriotic Burgers--had not only drawn no salary, but had expended +his private fortune, and incurred a very heavy liability, in the +prosecution of the unsuccessful Secocoeni war. No amount of _ex post +facto_ evidence as to the supposed feelings and opinions of the Boers +can alter a single one of the very serious facts which, taken +together, seemed to Sir Theophilus to justify the annexation. But it +all comes down to this: If the passive acquiescence in the annexation +coincided strangely with the Republic's failure to defeat its enemies +and pay its debts, it is no whit less odd that Lord Carnarvon's +anxiety for the Republic's safety synchronized with his attempt to +confederate South Africa. + +The real mistakes of the British Government began _after_ the +annexation. The failure to fulfil promises; the deviation from old +ways of government; the appointment of unsuitable officials, who did +not understand the people or their language; the neglect to convene +the Volksraad or to hold fresh elections, as definitely promised; +the establishment of personal rule by military men, who treated the +Boers with harshness and contempt, and would make no allowance for +their simple, old-fashioned ways, their deep-seated prejudices, and, +if you like, their stupid opposition to modern ideas: these things +and others caused great dissatisfaction, and gave ample material for +the nucleus of irreconcilables to work with. + +During the occupation period Mr. Kruger took office under the British +Government, as also did Dr. Jorissen and Chief Justice (then Judge) +Kotzé, and indeed all the officials who had protested against the +annexation, except Mr. Piet Joubert, who declined to do so, and who, +if actions be the test and not words, was the only honest protestant. +Mr. Kruger retained his office for some time after he had concerned +himself in the Repeal agitation, but finally resigned his post on +being refused an increased remuneration, for which he had repeatedly +applied. There can be but little doubt that had this inducement been +forthcoming, he would have remained a loyal British subject. + +The effect of the annexation was to start the wells of plenty +bubbling--with British gold. The country's debts were paid. Secocoeni +and Cetewayo would be dealt with, and the responsibility for all +things was on other and broader shoulders. With the revival of trade, +and the removal of responsibilities and burdens, came time to think +and to talk. The wave of the magician's wand looked so very simple +that the price began to seem heavy. The eaten bread was forgotten. +The dangers and difficulties that were past were of small account now +that they _were_ past; and so the men who had remained passive, and +recorded formal protests when they should have resisted, and taken +steps to show that they were in earnest, began their Repeal +agitation. All the benefits which the Boers hoped from the annexation +had now been reaped. Their pressing needs were relieved. Their debts +had been paid; their trade and credit restored; their enemies were +being dealt with. Repeal would rob them of none of these; they would, +in fact, eat their cake and still have it. The Zulu question had been +taken up, and could not now be left by the Imperial Government to +settle itself. The debts discharged for them and the outlays incurred +might, it is true, be charged to them. They could not be repaid, of +course, for the same reason that you cannot get blood from stone; +and the amount would, therefore, be a National Debt, which was +exactly what they had been trying for years to incur, and the +condition of their credit had made it impossible to do. + +The causes of discontent before given were serious, but the failure +to fulfil promises was not deliberate. Circumstances combined to +prevent Sir Bartle Frere from visiting the Transvaal, as intended and +promised. Native wars (Gaika and Galeka), disagreements between the +Colonial and Imperial authorities, the obstructions and eventual +dismissal of the Molteno-Merriman Ministry--the first under +Responsible Government--Natal and Diamond-fields affairs, and, above +all, the Zulu War, all combined to prevent Sir Bartle Frere from +fulfilling his obligations to settle Transvaal matters. + +In the meantime two deputations had been sent to England, +representing the Boers' case against annexation. The active party +among the Boers, _i.e._, the Voortrekker party, the most anti-British +and Republican, though small in itself, had now succeeded in +completely dominating the rest of the Boers, and galvanizing them +into something like national life and cohesion again--a result +achieved partly by earnest persuasion, but largely also by a kind of +terrorism. + +Sir Bartle Frere, who managed at last to visit the Transvaal, in +April, 1879, had evidence of this on his journey up, and in a +despatch to Sir M. Hicks Beach from Standerton on the 6th of that +month he wrote: + +I was particularly impressed by the replies of a very fine specimen +of a Boer of the old school. He had been six weeks in an English +prison, daily expecting execution as a rebel, and had been wounded by +all the enemies against whom his countrymen had fought--English, +Zulus, Basutos, Griquas, and Bushmen. + +'But,' he said, 'that was in the days of my youth and inexperience. +Had I known then what I know now, I would never have fought against +the English, and I will never fight them again. Old as I am, I would +now gladly turn out against the Zulus, and take fifty friends of my +own, who would follow me anywhere; but I dare not leave my home till +assured it will not be destroyed and my property carried off in my +absence, by the men who call me "rebel" because I will not join them +against the Government. My wife, brought up like a civilized woman in +the Cape Colony, has had five times in her life to run from the house +and sleep in the veld when attacked by Zulus and Basutos. One of our +twelve sons was assegaied in sight of our house, within the last ten +it was surrounded by Basutos, my wife had to fly in the night by +herself, leading one child and carrying another on her back. She +walked nearly fifty miles through the Lion Veld, seeing three lions +on the way, before she reached a place of safety. It is not likely +that we should forget such things, nor wish them to recur; but how +can I leave her on my farm and go to Zululand, when the malcontent +leaders threaten me that if I go they will burn my house and drive +off all my stock? Assure me that we are not to be deserted by the +English Government, and left to the mercy of these malcontent +adventurers, and I and my people will gladly turn out to assist +Colonel Wood.' + +_I find that this idea that the English Government will give up the +Transvaal, as it formerly did the Orange Free State, has been +industriously propagated, and has taken a great hold on the minds of +the well-disposed Boers, and is, I believe, one main cause of +reluctance to support the Government actively_. + +_They argue that what has been done before may be done again, and +they have no feeling of assurance that if they stand by the English +Government to-day they will not be left to bear the brunt of the +malcontents' vengeance when a Republic is established_. + +And again on the 9th, from Heidelberg: + +_The idea that we should somehow be compelled or induced to abandon +the country had taken great hold on the minds of some of the more +intelligent men that I met_. It has been seduously written up by a +portion of the South African press, English as well as Dutch. I +marked its effect particularly on men who said they had come from the +old Colony since the annexation, but would never have done so had +they believed that English rule would be withdrawn, and the country +left to its former state of anarchy.... + +_But there is great practical difficulty in conveying to the mass of +the people any idea of the real power of Government_. + +It is not possible to pen a more severe and pregnant comment on the +after-policy of England than that suggested by the italicized lines, +written as they were by England's Plenipotentiary--an idea reported +to headquarters, not as a feeler, but as a suggestion so absurd that +it called for no expression of opinion. But he lived to find that it +was not too absurd to be realized; and perhaps, after all, it was +written as a warning, and the wise and cool-headed old statesman in +his inmost soul had a premonition of what eventually occurred. + +Sir Bartle Frere met the Boers in their camp, and discussed with them +their grievances. He informed them that he had no power to revoke the +annexation, nor would he recommend it, as, in his judgment, such a +course would be a reversion to chaos and ruin. The Boers pressed +steadily for nothing less than repeal. Sir Bartle Frere reported +the historical meeting at Erasmus Farm to Sir M. Hicks Beach: + + _April 14, 1879._ + +They were evidently much disappointed.... Our meeting separated with +no more definite decision than that they must report to the 'people,' +and be guided by their decision as to what was to be done. + +If I may judge from the gentlemen composing the deputation, and +others of their class, whom I have had the honour of meeting since +coming to the Transvaal, the leaders are, with few exceptions, men +who deserve respect and regard for many valuable and amiable +qualities as citizens and subjects.... + +Of the results of our meeting it is impossible at present to say more +than that it must have cleared away misconceptions on all sides If +they have learnt anything as to the finality of the act of +annexation--that I have no power to undo it, and do not believe that +it will ever be undone, in the only sense in which they will ask +it--I have, on the other hand, been shown the stubbornness of a +determination to be content with nothing else, for which I was not +prepared by the general testimony of officials who had been longer in +the country, and who professed to believe that the opposition of the +Boers was mere bluster, and that they had not the courage of their +professed opinions.... I feel assured that the majority of the +Committee felt very deeply what they believed to be a great national +wrong.... But my conviction is that the real malcontents are far from +being a majority of the whole white population, or even of their own +class of Boer farmers. + +I have no doubt whatever that if the Executive were in a position to +assert the supremacy of the law, to put an effectual stop to the +reign of terrorism which exists at present, the discontented minority +would cease to agitate, and would soon cease to feel grievances which +a very brief discussion shows to be in the main sentimental; not the +less keenly felt on that account, but not likely to survive +the prosperity and good government, with a fair measure of +self-government in its train, which are within their reach under +British rule. + +And, again, he wrote to Lady Frere: + + PRETORIA, _April 20, 1879._ + +My last letter had not been gone many hours by the mail express when +Lanyon ran into my room, to tell me that the Boer camp was actually +broken up and the Boers dispersing. + +I need not tell you how thankful I was. The one thing I dreaded was +civil war and bloodshed, and had a single malcontent been shot, I +should have considered it a greater misfortune than the death of a +dozen Piet Retiefs, or Uys, dying like heroes in the field of battle +for their country and brethren. So you may imagine how thankful I +felt to the Giver of all good, who has guided and protected us +through life. + +I am to see a deputation from the Boers' Committee again to-morrow, +and then I hope we shall have done with meetings and grievances--for +the present a phrase which they carefully put into all references to +their breaking up, and which they evidently mean. _It was clear to me +that it was not the annexation, so much as the neglect to fulfil the +promises and the expectations held out by Shepstone when he took +over the Government, that has stirred up the great mass of the +Boers, and given a handle to agitators._{02} + +There it is in a single sentence! It was not the annexation which +caused the war; for nine men in every ten admitted that it was +welcomed and justified by considerations of general South African +policy, or else simply inevitable. No! It was the failure to fulfil +the conditions of annexation! + +In 'A Narrative of the Boer War,' Mr. Thomas Fortescue Carter has +given with admirable skill and impartiality a full account of the +causes which led to the outbreak. His history is, indeed, so +determinedly just as to have met with considerable disapproval in +quarters where feelings are hot on either side, and where plain +truths are not palatable. Mr. Carter resided in the country for years +before the annexation, and went through the war as correspondent of a +well-known London daily, and this is his opinion: + +Anyone who knows the acquaintance Sir T. Shepstone had with the Boers +of the Transvaal, years prior to the annexation, cannot doubt that, +regarded as a friend and almost as one of themselves, no one better +than he could have been selected for the task of ascertaining the +desires of the people; and no one who knows Sir T. Shepstone will +believe that he did not take sufficient evidence to prove to any man +that the Boers were anxious to be extricated from the dilemma they +were in, and really willing at that time that their country should be +annexed. Men who during the late war were our foes were at the time +of the annexation clamouring for it, welcoming Sir Theophilus +Shepstone as the deliverer and saviour of the country. I mention +Swart Dirk Uys, an eminent Boer, who fought against the English in +1880-81, as one amongst the hundreds and thousands who went out to +meet Sir Theophilus Shepstone with palm branches in their hands. + +The natural aversion of the people to English rule was overcome for +the moment by their greater aversion to being wiped off the face of +the Transvaal by the blacks; that was a contingency staring them in +the face, and yet not even that imminent common danger availed to +secure unity amongst them, or would rouse men individually to take +upon their shoulders the responsibility which rests upon every member +of a State. + +The Boer Volksraad, after promising to appeal to their constituents +on the subject of the new constitution proposed, almost immediately +passed a measure, which was familiarly styled by the people the 'Hou +jou smoel law.' The literal translation of this term is 'Hold your +to discuss the question of either confederation or annexation. + +I come to the conclusion, then, that the cause of the annexation was +England's historical greed of territory, especially rich territory; +and that, however unworthy the motive on the part of the visiting +power, the Boers did not at that time receive the visitor with other +feelings than those of satisfaction, and practically surrendered +their country voluntarily and gladly to the ruler of a greater power, +under the impression that Sir Theophilus Shepstone would be permitted +to carry out, and that he therefore would carry out, the promises he +made them. As the programme was open before them, they had everything +to gain and nothing to lose, except the loss entailed by nominal +government by the British. No man, whether Boer or Britisher, who was +living in the Transvaal, or knew the feelings of the Boers at the +time of annexation, would in 1877 have given any other account of the +feeling of the nation; and if I have formed too low an opinion of the +motives of English statesmen at that time, and am not justified in +attributing the annexation to greed instead of to the purer and +nobler desire to protect England's colonies, or even the Transvaal +itself, from the inroads of savages, then my excuse must be that the +failure of England to send out at that time a force equal to the task +of restraining those savages and maintaining peace, has helped +materially to lead me to the unwarrantable conclusion.{03} + +And so came the war. The history of it is written that all may read; +and it is not necessary here to refer at length to the details of it. +The utterly unjust treatment of Bezuidenhout at Potchefstroom was the +immediate cause of the outbreak. The armed interference of the +Potchefstroom burghers with the Imperial officials followed on +December 16, to be in turn succeeded by the battle of Bronkhorst +Spruit on the 20th. + +The following account of the affair is taken from Mr. Carter's book: + +All went well on this day till about 2.30 p.m., when the following +was about the order of march: One mounted infantryman in advance of +the main body next the band; of F company, forty men; of A company, +forty men; then followed the quarter-guard, thirteen men; and +provost-escort and prisoners, twenty-three men. The remainder of the +force was posted along the string of waggons, with the exception of +the rear-guard of about twenty men, which were some distance behind. +Colonel Anstruther, Captains Nairne and Elliott, Lieutenant Hume, +and Adjutant Harrison were riding just in front of the band, when +suddenly Boers appeared all round. The locality that the regiment had +reached at the time was one where stood several farms, and the trees +surrounding these homesteads afforded cover under which a hostile +force could assemble without being perceived from a distance. On the +right was a ravine with wood in it, and amongst that the Boers were +lying in ambush. How unexpected was the appearance of a force of +Boers to the English may be judged from the fact that the band +of the regiment was playing at the time. Colonel Anstruther, +immediately he caught sight of the enemy on the crest of a slight +rise to the front, called a halt, and the order was passed to the +rear for the waggons to close up. Before this could be done a +messenger from the enemy, carrying a white flag, came forward and +handed the Colonel a note signed by Piet Joubert, and countersigned +by other Boer leaders, desiring him to halt where he was until a +reply had been received from Sir Owen Lanyon to the ultimatum the +Boers had addressed to him. The message also contained the warning +that if the soldiers advanced beyond a small stream in front of +them, it would be taken as a declaration of war. Colonel Anstruther, +with Conductor Egerton, had ridden out in front of the advanced +guard to meet this flag of truce; after he had read the message, the +bearer of it informed him verbally that two minutes were allowed for +his decision. Colonel Anstruther verbally replied that he should +march on to Pretoria, and, to use his own words, as published in his +despatch written just before he died, the Boer messenger 'said that +he would take my message to the Commandant-General; and I asked him +to let me know the result, to which he nodded assent. Almost +immediately, however, the enemy's line advanced.' + +Whilst this short parley was going on, every effort was being made in +the rear to get the waggons up, but without much good result, because +when the Boers opened fire the rear-guard would be at least half a +mile behind the head of the column. Even those who were guarding the +waggons had not time to join the main body. When Colonel Anstruther +saw the Boers advancing, he gave the order to his men to extend in +skirmishing order, but before they could open out to more than loose +files they were met with a murderous volley, and at the same time +Boers on the right and left flank and in the rear, who had previously +measured and marked off the distances, picked off every man within +sight. Our men returned the fire as best they could, but in less than +ten minutes 120 were either killed or wounded, besides a large +proportion of the oxen in the waggons shot. The officers who exposed +themselves were picked off almost immediately by the Boer marksmen. +Captain Nairne, Lieutenant M'Sweeney, Lieutenant and Adjutant +Harrison, Lieutenant Hume, Deputy-Assistant Commissary-General +Barter, Conductor Egerton, Surgeon Ward, were all wounded, besides +Colonel Anstruther himself, who was shot in two or three places. + +It was useless to contend against such odds, and the 'cease fire' was +sounded, and handkerchiefs waved to denote submission. During this +unequal struggle, Mrs. Smith, the widow of the bandmaster of the +regiment, who, with the wife of Sergeant-Major Fox and some children, +were riding in one of the foremost waggons, came fearlessly up to +where the wounded lay, and, tearing strips from her clothing, helped +the surgeon to bandage the wounds. The sergeant-major's wife was +severely wounded, as was also Fox himself. There was no lack of +heroism during those awful ten minutes, whilst men were being shot +down like dogs. Lieutenant Harrison was shot through the head while +cheering on his men; Lieutenant Hume was equally conspicuous +for his coolness. An orderly-room clerk named Maistre and the +Sergeant-Master-Tailor Pears quietly concealed the regimental colours +in a waggon-box when they saw the danger of them falling into the +hands of the enemy; and their work was not in vain, as Conductor +Egerton managed subsequently to wrap them round his body under his +tunic, and having obtained permission after the fight was over to walk +to Pretoria for medical assistance, he carried them safely to the +capital, as well as the disastrous news of the engagement. Forty-two +miles traversed by a wounded man on foot in eleven hours is in itself +a feat worth mentioning, and one the value of which can only be +really estimated by those who know what South African roads are in +the rainy seasons. + +As soon as our force surrendered, Franz Joubert, who had been in +command of the Boers, and who, it is said, fired the first shot, with +the exclamation, 'What is the use of waiting?' came forward with some +of his men, and on finding poor Colonel Anstruther severely wounded +expressed sorrow. + +Whether the affair of Bronkhorst Spruit can be called an act of +treachery on the part of the Boers is rather a nice question. Colonel +Anstruther's words--the words of a dying man--rather go to prove that +he was unfairly treated, though he does not say so directly. He was +given to understand by the messenger who came with the flag of truce +that another communication would be made to him as soon as his reply +to the request to halt had been reported to the Boer Commandant. The +only reply given him was 'a murderous volley.' The Boers cannot lay +claim to much bravery or superiority (except in numbers) over our +soldiers in this fight. Theirs was a deliberately-planned ambush to +entrap men who had no idea that they were marching in an enemy's +country. Bronkhorst Spruit engagement is the one during the whole of +the war which does not redound to the credit of the Dutch, even if it +does not reflect great discredit upon them. If a reasonable time had +been allowed Colonel Anstruther to give his reply, the 94th could not +then say, as they do say and will say, that they were treacherously +surprised. 'Two minutes' looks, under the circumstances, very much +like an idle pretence of fair dealing to cover an intentional act of +cowardice which subsequent conduct could hardly palliate. The Boers +say that they had not more men than were marching with the 94th on +that occasion; that statement is worth very little, considering the +evidence of our officers, and, above all, the harsh evidence of the +facts that the 94th was from advance-guard to rear-guard practically +surrounded and outnumbered in every direction. + +The preparedness of the Boers and the precision of their fire may be +gathered from the testimony of Dr. Crow, of Pretoria, who attended +the wounded, and vouched for an average of five wounds per man. Dr. +Crow also wrote: + +But as disastrous as the late war in the Transvaal had been to +British prestige, thank God those at Bronkhorst Spruit did their duty +and died like men, a noble example to any army. If any stain has been +cast on the British flag in the Transvaal, the gallant 94th did all +that was possible by their deeds at Bronkhorst Spruit to obliterate +it. + +The news of this affair was received with horror, and the feelings +roused by the details of it have never been allayed. Race-hatred may +have its origin in a hundred little incidents, but in the Transvaal +there were two which undoubtedly, whether justly or otherwise, gave +a character to the Boers that has embittered feeling against them +more than any which had occurred in generations previous. The +second affair followed very closely on the Bronkhorst Spruit +engagement--_i.e.,_ the infamous murder of Captain Elliott, the only +surviving unwounded officer from Bronkhorst Spruit. Captains Elliott +and Lambert were taken prisoners, and were offered the choice of +two alternatives--either to remain prisoners of war during the +hostilities in the Transvaal, or to be released on _parole +d'honneur_ on condition that they should leave the Transvaal at +once, cross into the Free State under escort, and not bear arms +against the Republican Government during the war. The second +alternative was chosen. They received an escort and free pass from +Commandant-General Piet Joubert. The following is extracted from +Captain Lambert's Report to Sir George Colley on January 5: + +We started about 1 p.m. from the Boer camp, passing through the town +of Heidelberg. After going about six to eight miles, I noticed we +were not going the right road, and mentioned the fact to the escort, +who said it was all right. Having been 'look-out' officer in the +Transvaal, I knew the district well. I was certain we were going +wrong, but we had to obey orders. At nightfall we found ourselves +nowhere near the river drift, and were ordered to outspan for the +night, and next morning the escort told us they would look for the +drift. Inspanning at daybreak, we again started, but after driving +about for some hours across country, I told the escort we would stop +where we were while they went to search for the drift. Shortly after +they returned and said they had found it, and we must come, which we +did, eventually arriving at the junction of two rivers (Vaal and +Klip), where we found the Vaal impassable, but a small punt, capable +of holding only two passengers at most, by which they said we must +cross. I pointed out that it was impossible to get my carriage or +horses over by it, and that it was not the punt the General said we +were to cross. The escort replied it was Pretorius's punt that the +General told them to take us, and we must cross; that we must leave +the carriage behind and swim the horses, which we refused to do, as +we then should have had no means of getting on. I asked them to show +me their written instructions, which they did (written in Dutch), and +I pointed out that the name of Pretorius was not in it. I then told +them they must either take us back to the Boer camp again or on to +the proper drift. We turned back, and after going a few miles the +escort disappeared. Not knowing where we were, I proposed to Captain +Elliott we should go to the banks of the Vaal, and follow the river +till we came to the proper punt. After travelling all Monday, +Tuesday, and up till Wednesday about 1 p.m., when we found ourselves +four hours, or twenty-five miles, from Spencer's punt, we were +suddenly stopped by two armed Boers, who handed us an official +letter, which was opened, and found to be from the Secretary to the +Republican Government, stating that the members were surprised that, +as officers and gentlemen, we had broken our _parole d'honneur_, and +refused to leave the Transvaal; that if we did not do so immediately +by the nearest drift, which the bearers would show us, we must +return as prisoners of war; that as through our ignorance of the +language of the country there might be some misunderstanding, they +were loth to think we had willingly broken our promise. We explained +that we should reply to the letter, and request them to take it to +their Government, and were prepared to go with them at once. They +took us back to a farmhouse, where we were told to wait until they +fetched their commandant, who arrived about 6 p.m., and repeated to +us the same that was contained in our letter of that day. We told +him we were ready to explain matters, and requested him to take our +answer back to camp. He then ordered us to start at once for the +drift. I asked him, as it was then getting dark, if we could start +early next morning, but he refused. So we started, he having said we +should cross at Spencer's, being closest. As we left the farmhouse, +I pointed out to him that we were going in the wrong direction; but +he said, 'Never mind; come on across a drift close at hand.' When we +got opposite it, he kept straight on; I called to him, and said that +this was where we were to cross. His reply was, 'Come on!' I then +said to Captain Elliott, 'They intend taking us back to Pretoria,' +distant some forty miles. Suddenly the escort (which had all at once +increased from two to eight men, which Captain Elliott pointed out +to me; and I replied, 'I suppose they are determined we shall not +escape, which they need not be afraid of, as we are too keen to get +over the border') wheeled sharp down to the river, stopped, and, +pointing to the banks, said, 'There is the drift--cross!' I drove my +horses into the river, when they immediately fell; lifted them, and +drove on about five or six yards, when we fell into a hole. Got them +out with difficulty, and advanced another yard, when we got stuck +against a rock. The current was now so strong and drift deep, my +cart was turned over on to its side, and water rushed over the seat. +I called out to the commandant on the bank that we were stuck and to +send assistance, or might we return, to which he replied, 'If you +do, we will shoot you.' I then tried, but failed, to get the horses +to move. Turning to Captain Elliott, who was sitting beside me, I +said, 'We must swim for it'; and asked could he swim, to which he +replied, 'Yes.' I said, 'If you can't, I will stick to you, for I +can.' While we were holding this conversation, a volley from the +bank, ten or fifteen yards off, was fired into us, the bullets +passing through the tent of my cart, one of which must have mortally +wounded poor Elliott, who only uttered the single word 'Oh!' and +fell headlong into the river from the carriage. I immediately sprang +in after him, but was swept down the river under the current some +yards. On gaining the surface of the water, I could see nothing of +Elliott, but I called out his name twice, but received no reply. +Immediately another volley was fired at me, making the water hiss +around where the bullets struck. I now struck out for the opposite +bank, which I reached with difficulty in about ten minutes; but as +it was deep, black mud, on landing I stuck fast, but eventually +reached the top of the bank, and ran for about two hundred yards +under a heavy fire the whole while. + +The Boers then invaded Natal and took up a position on Laing's Nek, +four miles inside the Natal border, from which, on January 28, Sir +George Colley endeavoured to oust them with a mounted force of 70 men +and some 500 men of the 58th Regiment. The position is one difficult +enough to climb unencumbered by military accoutrements, but the +disposition of the little mounted force covered the approach. By some +unexplained mistake, however, half of the mounted infantry charged +and carried the Boer position before the 58th had climbed the hill, +but were too weak to hold it and retired, leaving the 58th uncovered +in a terrible ascent. But few of the exhausted men reached the top of +the hill, and those, led by Colonel Deane, only to be shot down. Of +the mounted men, 17 were killed and wounded; of the 58th, 73 were +killed and 100 wounded. The result was absolute defeat of the British +forces. The number of Boers engaged is not known, but the force +behind the Nek consisted of several thousands, and no doubt a fair +proportion engaged in the fight. + +On February 8 General Colley made a demonstration in force on the +Ingogo Heights. The force consisted of under 300 men, with 4 guns and +38 mounted men. On the Boer side there were about 1,000 men, and the +fight lasted from morning until after dark. It was a drawn fight, in +which both parties left the battlefield at night. There cannot be any +doubt, however, that the balance of advantage was with the Boers, +since the loss on the British side was very severe: 76 men were +killed and 69 wounded. + +On February 27 came Majuba, when Sir George Colley designed to +retrieve his fortunes and strike an effective blow without the aid of +his second-in-command, Sir Evelyn Wood, whom he had sent to hurry up +reinforcements. The scaling of the mountain at night was a fine +performance. The neglect to take the rocket apparatus or mountain +guns, or to fortify the position in any way, or even to acquaint the +members of the force with the nature of the position which they had +taken up in the dark, and the failure to use the bayonets, were the +principal causes of disaster. The Boers attacked in force a position +which should have been absolutely impregnable, held as it was by a +force of 554 soldiers. The Boer force is not known, but probably +consisted of upwards of 1,000 men, since Christian Joubert after the +fight offered to take a portion of the men, numbering, as he said, +some 500, to attack a small British laager on one of the spurs of +the mountain. The splendid feat of taking the hill-top, however, was +accomplished by a small storming party of less than 200 men, the +balance of the Boer forces covering the approach of their comrades +by an accurate and incessant long-range fire. The result, as is +known, was terrible disaster: 92 killed and 134 wounded, and a +number taken prisoners, represented the British loss, whilst the +Boers lost 1 killed and 5 wounded. No attempt had been made to +occupy positions below the crown of the hill which commanded the +approaches, and the Boers were able to creep up under good cover +from place to place by the exercise of their admirable tactics. It +is impossible to detract from the performance of the Boers, and a +glance at the position leaves one more astonished than ever that a +successful attack could ever have been made upon it. The Boers +displayed on this day the finest fighting qualities. The generalship +of their fighting Commandant, Nikolas Smit, was of the highest +order. The cleverness of the attack, and the personal bravery and +audacity of the storming party are beyond praise. + +By the time Sir Evelyn Wood had ranged his forces for an effective +and extended attack on the Boers, and by the time Sir Frederick +Roberts with the command of about 10,000 men had reached South +Africa, the administration of Mr. Gladstone had awakened to the fact +that the war was an unjust--not to say costly--one. An armistice was +arranged and peace made without another blow. + +The terms of the settlement proposed by the Liberal Government fitly +illustrate the generosity of their motives. They proposed doing +'simple justice' to the Boers, but at the same time retaining the +districts of Lydenburg, Middelburg, Wakkerstroom, and Utrecht, not to +mention handing back Zoutpansberg to the original native occupants. +So anxious were the Boer leaders to effect a peaceful settlement, so +fearful were they of the actions of their followers, that when they +arranged the long armistice they did not announce to their party the +intentions of the British Government regarding the above districts. +General Joubert did not communicate to his army the terms of peace, +but simply stated that a Royal Commission was to settle everything. +A month later, when some inkling of the terms reached the Boers, a +solemn protest and warning was issued, and when the Royal Commission +actually sat, the British representatives were informed that any +such curtailment of the territories would be followed by a +resumption of hostilities. Needless to say the proposals were +abandoned and the Boers got their way. So ended the war. + +Ingogo has been called a drawn battle. Bronkhorst Spruit was--such as +it was. At Laing's Nek and Majuba the Boers beat us, as Mr. Carter +fairly puts it, 'when they were on the top of the hill and we were at +the bottom, and when we were on the top of the hill and they were at +the bottom.' The narrative of these events is about as humiliating a +one as an Englishman can read. Here and there it is redeemed by the +heroic conduct of individuals in the midst of general disaster. In +the smaller affairs, such as the particularly gallant defences of +Standerton, Potchefstroom, and Rustenberg, where little garrisons +held their own with conspicuous ability and courage, there is +something to cheer the disheartened reader. The defence of +Potchefstroom by Colonel Winslow should be read in full for several +reasons. The siege of Standerton witnessed several acts of valour, +but, above all, that of Hall the volunteer, who single handed +deliberately engaged a force of over 300 Boers, drawing their fire on +himself in order to warn his comrades of the danger of being cut off +and to give them a chance of escape--a noble act in which the gallant +fellow achieved his object but lost his life. It was in Rustenberg +where Captain Auchinleck, with about seventy men armed only with +rifles, held his laager against hundreds of the enemy, fighting day +and night for weeks; and eventually drove off the Boers who were +trenching towards his position by charging at night with from nine to +fourteen of his men and clearing the enemy out of the trenches with +the bayonet. This performance he repeated three times, himself badly +wounded on each occasion. The impression created on the enemy by +these tactics was such that they overcame their desire to get at +close quarters with him, and left him severely alone. + +It is not necessary to refer in great detail to the settlement In +effect it was that the Boers gained nearly all that they required, +but not until the haggling and threatening had robbed concessions of +all appearance of grace and justice. The natives were referred to in +the conventional spirit. The unfortunate loyalists were left to take +care of themselves. The men who had entered the Transvaal, and +invested their capital and expended their energies there upon the +most positive and sacred assurances of the British Government that +the Queen's authority would never be withdrawn,--assurances given in +public by the Conservative Government and confirmed by Mr. +Gladstone's Government, assurances published by Sir Bartle Frere and +Sir Garnet Wolseley, who said that 'as long as the sun would shine +the British flag would fly over the Transvaal,'--were heartlessly +abandoned, their protests were unheeded, the compensation allotted to +them, namely, Ł1,400,000, was amended by the elimination of the +million, their representations to Mr. Gladstone's Government were +finally left unanswered--unless it be that the sneering reference +made by that right honourable gentleman in the House of Commons to +'interested contractors and landjobbers' may be considered an +adequate answer to a protest as moderate, as able, as truthful, and +as necessary as Mr. Gladstone's remark was the reverse. In very +truth, the position in which the British Premier had placed himself +through his intemperate speeches in the Midlothian campaign, and his +subsequent 'explaining away,' was an extremely unpleasant one. In +Opposition Mr. Gladstone had denounced the annexation and demanded a +repeal. On accession to power he adopted the policy of his +predecessors, and affirmed that the annexation could never be +revoked. On June 8, 1880, he had written to this effect to Messrs. +Kruger and Joubert, the Transvaal deputation. Later on, in answer to +an appeal that he should allay the apprehensions of the loyalists, +who feared the results of the Boer agitation, he referred them to +this very letter as a final expression of opinion, and authorized the +publication of this message. When, however, peace had been concluded, +and the loyalists, amazed and heartbroken at their threatened +desertion, reminded him of his pledges and implored him to respect +them, he answered them in a letter which is surely without parallel +in the record of self-respecting Governments. The wriggling, the +equivocation, the distortion of phrases, the shameless 'explaining +away,' are of a character that would again justify the remark of +Lord Salisbury (then Lord Robert Cecil) in another matter many years +before, that they were 'tactics worthy of a pettifogging attorney,' +and even the subsequent apology--to the attorney. But what answer +could be made to a protest which reminded the right honourable +gentlemen of the following deliberate and official expression of his +Government's policy?-- + +In your letter to me (wrote Mr. White for the loyalists) you claim +that the language of your letter does not justify the description +given. With the greatest respect I submit that it does, and I will +quote the words on which I and also my colleagues base the opinion +that it does unequivocally pledge the Government to the +non-relinquishment of the Transvaal. + +The actual words of your letter are: + +'Looking at all the circumstances, both of the Transvaal and the rest +of South Africa, and to the necessity of preventing a renewal of the +disorders, which might lead to disastrous consequences, not only to +the Transvaal, but to the whole of South Africa, _our judgment is +that the Queen cannot be advised to relinquish the Transvaal_; but, +consistently with the maintenance of that sovereignty, we desire that +the white inhabitants of the Transvaal should, without prejudice to +the rest of the population, enjoy the fullest liberty to manage their +local affairs.' + +But your letter of the 8th of June not only contained this final and +absolute announcement of the policy of England, but it gave the +reasons for arriving at it in words which so aptly express the case +of the loyalists that I quote them _in extenso_. They are as follows: + +'It is undoubtedly matter for much regret that it should, since the +annexation, have appeared that so large a number of the population of +Dutch origin in the Transvaal are opposed to the annexation of that +territory, _but it is impossible now to consider that question as if +it were presented for the first time_. We have to do with a state of +things which has existed for a considerable period, _during which +obligations have been contracted_, especially, though not +exclusively, towards the native population, _which cannot be set +aside_.' + +In your speech in the House of Commons, on the debate on Mr. Peter +Rylands' motion condemning the annexation of the country and the +enforcement of British supremacy in it, which was defeated by a +majority of ninety-six, on the 21st of January in the current year, +you used words of similar import. You are reported in the _Times_ of +the 22nd of January as saying: + +'To disapprove the annexation of a country is one thing; to abandon +that annexation is another. Whatever we do, we must not blind +ourselves to the legitimate consequences of facts. By the annexation +obligations entailed by the annexation, and if in my opinion, and in +the opinion of many on this side of the House, wrong was done by the +annexation itself, _that would not warrant us in doing fresh, +distinct, and separate wrong by a disregard of the obligation which +that annexation entailed_. These obligations have been referred to in +this debate, and have been mentioned in the compass of a single +sentence. First, there was the obligation entailed towards the +English and other settlers in the Transvaal, perhaps including a +minority, though a very small minority, of the Dutch Boers +themselves; secondly, there was the obligation to the native races; +and thirdly, there was the obligation we entailed upon ourselves in +respect of the responsibility which was already incumbent upon us, +and which we, by the annexation, largely extended, for the future +peace and tranquillity of South Africa.' + +Nor was this all. The loyalists proceeded to remind him that Lord +Kimberley, his Secretary of State for the Colonies, had telegraphed +in May, 1880, 'Under no circumstances can the Queen's authority in +the Transvaal be relinquished,' and had confirmed the telegram in a +despatch following; and that his lordship had also stated in the +House of Lords on May 24 that '... after a careful consideration of +the position, we have come to the conclusion that we could not +relinquish the Transvaal. Nothing could be more unfortunate than +uncertainty in respect to such a matter.' (Hansard, cclii., p. 208.) + +The effects of the settlement, and the exposures in connection with +it, and the attitude of the Imperial Government were most deplorable. +No credit was given by the Boers to a Government which was clearly +moved by the meanest considerations. No feeling but contempt, +disgust, and even hatred, could be entertained by the loyalists for +the Government which had so shamelessly deserted them. The settlement +has left its indelible mark upon the sentiment of South Africa. The +war, it will generally be admitted, was a most unfortunate +occurrence. Only one thing could have been more unfortunate, and that +was such a settlement as actually was effected--a settlement which +satisfied no one, which outraged all, which threw South Africa into a +state of boiling discontent. In some quarters the defeats of Majuba +and Laing's Nek rankled deeply; yet they were fair fights, and Time +can be trusted to allay the feelings of those who are worsted in a +fair fight; but there were other matters which roused a spirit in +the English-speaking people of South Africa that had never been +known before. + +The former records of the Boers, favourable and unfavourable, are +consistent with the records established in the War of Independence. +None dare belittle the spirit which moved them to take up arms +against the greatest Power in the world. Their ignorance may have +been great, but not so great as to blind them to the fact that they +were undertaking an unequal contest. It is not possible to say, with +due regard to their records, that they are not a courageous people. +Individual bravery, of the kind which takes no heed of personal risk, +reckless heroic dash, they have not, nor do they pretend to have. +Their system is entirely otherwise. They do not seek fighting for +fighting's sake. They do not like exposing themselves to risk and +danger. Their caution and their care for personal safety are such +that, judged by the standard of other people's conduct in similar +positions, they are frequently considered to be wanting in personal +courage. It seems a hard thing to say of a people who have produced +men like the first Bezuidenhout, who fought and died single-handed +against the British troops; men like Piet Retief, as gallant a man as +ever walked; men like Piet Uys, an example to all men for all time, +and only one of many generations in one family of equally gallant +Dutchmen; but it would truly seem that such examples do not occur +with such frequency among the Boers as among nations with whom they +have been compared. Where they have been able to choose their own +positions, or where they have been stimulated by previous successes, +they have done all that could possibly be asked of them; but their +particular military system does not conduce to success under +circumstances where men are suddenly and unexpectedly called upon to +exhibit the virtues of discipline, to make what to the individual may +appear a useless sacrifice of life, or, in cold blood and in the face +of previous defeat, to attempt to retrieve a lost position. + +The Boer military power has been called the biggest unpricked bubble +in the world. Whether this be so or not--whether the early conflicts +between the British troops and the Boers in the Cape Colony and Natal +justify the view that the Boers cannot take a beating and come up +again--is a matter for those to decide who will give their impartial +attention to the records. + +Whilst conspicuous personal daring among the Boers may not be +proverbial, it must be remembered to their everlasting credit that +they, as did the Southerners in the American Civil War, robbed the +cradle and the grave to defend their country. Boys who were mere +children bore rifles very nearly as long as themselves; old men, who +had surely earned by a life of hardship and exposure an immunity from +such calls, jumped on their horses and rode without hesitation and +without provision to fight for their independence. + +There were, however, unfortunately, matters connected with the war +which gave birth to a bitter and aching desire for revenge. +Bronkhorst Spruit and the murder of Captain Elliott were among the +earliest. Another was the shooting of Dr. Barbour (who was killed +instantly) and Mr. Walter Dyas (wounded) by their escort under +circumstances similar to those of the Elliott murder, with the +exception that in this case the prisoners had been released on foot +and in daylight, and were then shot down. + +But there were others too. There was the murder of Green in +Lydenburg, who was called to the Boer camp, where he went unarmed and +in good faith, only to have his brains blown out by the Boer with +whom he was conversing; there was the public flogging of another +Englishman by the notorious Abel Erasmus because he was an Englishman +and had British sympathies; and there were the various white flag +incidents. At Ingogo the Boers raised the white flag, and when in +response to this General Colley ordered the hoisting of a similar +flag to indicate that it was seen, a perfect hail of lead was poured +on the position where the General stood; and it was obvious that the +hoisting of the flag was merely a ruse to ascertain where the General +and his staff were. There was the ambulance affair on Majuba, when +the Boers came upon an unarmed party bearing the wounded with the red +cross flying over them, and after asking who they were and getting a +reply, fired a volley into the group, killing Surgeon-Major Cornish. +under Commandant Cronjé were guilty of actions contrary to the usages +of civilized warfare. They are matters of history, and can easily be +verified. Reference is made to them elsewhere in this volume in +connection with Commandant Cronjé's action on another occasion. + +And so the war left the country, as wars will, divided into two +parties, with feelings towards each other that are deplorable enough +in themselves, and not easily allayed. The curtain was rung down, and +the scene was lost to the view of the world, but the play went on all +the same behind the curtain. And this is what the new Government said +to the world on August 8, 1881, when they took over the +administration of the country: + +To all inhabitants, without exception, we promise the protection of +the law, and all the privileges attendant thereon. + +To inhabitants who are not burghers, and do not wish to become such, +we notify that they have the right to report themselves to the +Resident as British subjects, according to Article 28 of the now +settled Convention. But be it known to all, that all ordinary rights +of property, trade, and usages will still be accorded to everyone, +burgher or not. + +We repeat solemnly that our motto is, 'Unity and reconciliation.' + + +Footnotes for Chapter I + +{01} Written in 1896. + +{02} Several of the letters and despatches given in this volume are +quoted from Mr. Martineau's excellent 'Life of Sir Bartle Frere,' a +portion of which book was lately published in cheaper form, under +the title of 'The Transvaal Trouble and How it Arose.' + +{03} It is only fair to state that _at that time_ the Home Government +believed the prestige of the Imperial authority to be sufficient for +all purposes. + + + + +CHAPTER II + +AFTER THE WAR + + +In 1882 Sir Bartle Frere wrote, 'I have never been able to discover +any principle in our policy in South Africa except that of giving way +whenever any difficulty or opposition is encountered.' The remark is +still as true as when it was penned, and South Africa--the 'Grave of +Reputations,'{04} as it has long been called--must by this time be +regarded with doubtful emotions by successive Colonial Secretaries. +What is it about South Africa, one asks, that has upset so many men +of capacity and experience? Who can say? Often--most often--it is the +neglect to thoroughly study and know what are called the 'local +conditions,' and to pay due heed to local experience. Sometimes it is +the subordination of State policy to party considerations which has +ruined the Proconsul: witness Sir Bartle Frere, whose decisive +action, firm character, and wise and statesmanlike policy are +now--now that he is dead--recognised universally, as they have always +been in South Africa. Perhaps there is something in Africa itself +which makes it a huge exception to the rules of other lands; the +something which is suggested in the 'rivers without water, flowers +without scent, and birds without song'; a contrariness which puts the +alluvial gold on the top of mountain ranges and leaves the valleys +barren; which mocked the experience of the world, and showed the +waterworn gravel deposit to be the biggest, richest, deepest, and +most reliable gold reef ever known; which placed diamonds in such +conditions that the greatest living authority, who had undertaken a +huge journey to report on the occurrence, could only say, in the face +of a successful wash-up, 'Well, there _may_ be diamonds here, but all +I can say is they've no right to be'; the something which many, many +centuries ago prompted the old Roman to write, 'Ex Africâ semper +aliquid novi affert,' and which is in the mind of the South African +to-day when he says, 'The impossible is always happening in Africa.' + +There is this to be said for the Gladstone Ministry in 1881: that, +having decided on a policy of scuttle and abandonment, they did it +thoroughly, as though they enjoyed it. A feeble vote-catching +provision, with no security attached, was inserted in the Pretoria +Convention relative to the treatment of natives, but no thought or +care was given to the unfortunate British subject who happened to be +a white man, and to have fought for his Queen and country.{05} The +abandonment was complete, without scruple, without shame. It has been +written that 'the care and forethought which would be lavished on a +favourite horse or dog on changing masters were denied to British +subjects by the British Government.' The intensity and bitterness of +the resentment, the wrath and hatred--so much deeper because so +impotent--at the betrayal and desertion have left their traces on +South African feeling; and the opinion of the might and honour of +England, as it may be gleaned in many parts of the Colonies as well +as everywhere in the Republics, would be an unpleasant revelation to +those who live in undisturbed portions of the Empire, comfortable in +the belief that to be a British subject carries the old-time magic of +'Civis Romanus sum.' + +The Transvaal State, as it was now to be called, was re-established, +having had its trade restored, its enemies crushed--for Secocoeni and +Cetewayo were both defeated and broken--and its debts paid or +consolidated in the form of a debt to England, repayable when +possible. For some time not even the interest on this debt was paid. + +Numbers of British subjects left the country in disgust and despair. +Ruined in pocket and broken in spirit, they took what little they +could realize of their once considerable possessions, and left the +country where they could no longer live and enjoy the rights of free +men. For some years the life of a Britisher among the Boers was far +from happy. It is not surprising--indeed, not unnatural--that people +unsoftened by education and the conditions of civilization, moved by +fierce race prejudice, and intoxicated by unbroken and unexpected +success, should in many cases make the vanquished feel the +conqueror's heel. The position of men of British name or sympathies +in the country districts was very serious, and the injustice done to +those who had settled since the annexation, believing that they were +to live under the laws and protection of their own Government was +grave indeed. + +The Government of the country was vested in a Triumvirate with Mr. +Stephanus Johannes Paulus Kruger as Vice-President during the period +immediately following the war; but in 1882 the old form was restored +and Mr. Kruger was elected President, an office which he is now +holding for the third successive term.{06} + +Prior to the war the population of the country was reckoned by both +Dutch and English authorities to be about 40,000 souls, the great +majority of whom were Dutch. The memorial addressed to Lord +Carnarvon, dated January 7, 1878, praying for repeal of the +annexation, was 'signed by 6,591 qualified electors out of a possible +8,000,' as is explained in the letter of the Transvaal delegates to +Sir M. Hicks-Beach dated July 10, 1878. The fact, already mentioned, +that 3,000 electors had petitioned for the annexation only means that +some of them changed their minds under pressure or conviction, and +helped to swell the number of those who later on petitioned for +repeal. The signatories to the above memorial would include +practically all the Dutch electors in the country, and the remaining +1,400 or so would probably be the non-Boer party who preferred +British rule, and could not be coerced into signing memorials against +it. These figures are useful as a check upon those now put forward by +the Transvaal Government to combat the assertion that the Uitlanders +outnumber the Boers. Recognizing the fact that the Boers are a +singularly domestic and prolific people, one may allow that +they numbered 35,000 out of the total population, an estimate that +will be seen to be extremely liberal. At the time that the above +figures were quoted by the Transvaal delegates every Boer youth over +the age of twenty-one was a qualified voter, so that it would seem +that the qualified Boer voter had an _average_ of one wife and 4.3 +children, a fair enough allowance in all conscience. These figures +should be borne in mind, for the present Boer population consists of +what remains of these 35,000 souls and their natural increase during +eighteen years. There are other Dutch immigrants from the Cape +Colony and Free State: these are aliens, who have the invaluable +qualification of hating England and her sons and her ways and +her works; but, as will be made clear when the Franchise Law is +explained, the present Boer electorate consists-or, without fraud or +favouritism, _should_ consist-of the 'possible 8,000' and their +sons. + +Many a champion of liberty has lived to earn the stigma of tyrant, +and the Boers who in 1835 had trekked for liberty and freedom from +oppressive rule, and who had fought for it in 1880, began now +themselves to put in force the principles which they had so stoutly +resisted. In the Volksraad Session of 1882 the first of the measures +of exclusion was passed. The Franchise, which until then-in +accordance with Law No. 1 of 1876-had been granted to anyone holding +property or residing in the State, or, failing the property +qualification, to anyone who had qualified by one year's residence, +was now altered, and Law No. 7 of 1882 was passed which provided that +aliens could become naturalized and enfranchised after five years' +residence, thus attaining the status of the oldest Voortrekker. The +feeling was now very strong against the Annexation Party, as they had +been called, that is to say, the men who had had the courage of their +convictions, and had openly advocated annexation; and as usual the +bitterest persecutors and vilifiers were found in the ranks of those +who, having secretly supported them before, had become suspect, and +had now need to prove their loyalty by their zeal. The intention was +avowed to keep the party pure and undiluted, as it was maintained +by many of the Boers that former proselytes had used their +newly-acquired privileges to vote away the independence of the +country. The view was not unnatural under the circumstances, and this +measure, had it not been a violation of pledges, might have found +defenders among impartial persons; but unfortunately it proved to +be not so much a stringently defensive measure which time and +circumstances might induce them to modify, as the first step in a +policy of absolute and perpetual exclusion. It was the first +deliberate violation of the spirit of the settlement, and, although +there is no clause in the Pretoria Convention which it can be said +to contravene, it was, as Mr. Chamberlain has since styled it, 'a +violation of the _status quo_ as it was present to the minds of her +Majesty's Ministers at the time the Convention was negotiated.' But +the Gladstone Ministry, which had paid so heavily to get rid of the +Transvaal question, was certainly not going to re-open it for the +sake of holding the Boers to the spirit of the settlement. + +Another precaution was taken to keep all the power in the hands of +the Boers. The various towns which had formerly been entitled to +representation in Parliament were deprived of this right, and have +remained disfranchised ever since. Mr. Kruger feared that the +enlightened thought of the towns would hinder the growth of his +'national policy.' + +It was not too late even at this time to have bloodlessly settled the +Transvaal question for ever by a fair but thoroughly firm attitude +towards the restored Republic. No doubt British Ministers, conscious +of an act of supreme self-restraint and magnanimity, believed that +some reciprocal justice would be evoked. At any rate, it is possible +that this was the reason which guided them, and not continued callous +indifference to the fate of British subjects and the future of South +Africa. In such case, however, they must have forgotten 'the fault of +the Dutch'--which Andrew Marvell's couplet has recorded--of 'giving +too little and asking too much.' The Transvaal Boers are very +practical people, and no matter what they may receive or how they get +it, whether by way of diplomacy or barter or the accident of good +luck or deed of gift, they never neglect to press and scheme for +more. It is an unpleasant feature in the Boer character, prominent +alike in personal and general relations, begotten, mayhap, of hard +life, constant struggle, and lack of education and its softening +and elevating influence. It is a feature which is common to all +uneducated peoples who have suffered great hardships, and it will no +doubt disappear in time; but it is one which has to be reckoned with +at the present day, and one which, when recognized at its true value, +sustains the contention that the Boers, in dealing with those whom +they regard as not of them, will recognise no right and do no justice +unless compelled to do so. The considerations of a narrow and selfish +policy are stronger than the sense of right and wrong. + +British Ministers and the British people when glowing with a mildly +enthusiastic satisfaction at their tolerant and even generous +attitude towards a weaker opponent may imagine that they have sown +good seed which in time will bear ample fruit; but it is not so. +Nothing but firmness and strict justice will avert a bloody day of +reckoning. Nothing but prompt and effective veto on every attempt to +break or stretch the spirit of past undertakings will bring it home +to the Transvaal Government that all the give cannot be on the one +side and all the take on the other; that they cannot trade for ever +on the embarrassment of a big Power in dealing with a little one; and +that they must comport themselves with due regard to their +responsibilities. + +Almost the first use made by the Transvaal Government of their +recovered power was one which has wrought much mischief to the State. +The Triumvirate who ruled the country in 1882 granted numbers of +concessions, ostensibly for the purpose of opening up industries or +developing mining areas. The real reasons are generally considered to +have been personal, and the result was the crushing of budding +activities, and the severe discouragement of those who were willing +to expend capital and energies in legitimate work. Favouritism pure +and simple dictated these grants. It is hardly too much to say that +the system and spirit then introduced rule to this day, for although +the Volksraad has taken definite resolution condemning the principle +of monopolies and contracts conferring preferential rights of any +sort, the spirit of this resolution is violated whenever the +President and Executive deem it fit to do so--witness, for instance, +the monopoly granted in December, 1895, for the free importation +of produce, which is disguised as a Government agency with a +'commission' to the agent; but it is really a monopoly and +nothing else! + +The Boers were not satisfied with the Convention of 1881. They +desired the removal of the Suzerainty, the cancellation of the +clauses referring to natives, and the restoration of the title of the +South African Republic in lieu of that of the Transvaal State. They +also desired (but did not expect to obtain) complete freedom in +regard to their external relations, and they lost no time in trying +how far they would be allowed to go in the direction of stretching +the spirit of the Convention. Nothing in that ineffectual and +miserable document is clearer than the definition of certain +boundaries, and the provision that no extension shall be allowed. +This hemming of them in--or shutting them up in a kraal, as President +Kruger has expressively put it--was intensely repugnant to them. It +cut into one of the most deeply-rooted habits of the Boer. His method +of trek and expansion has been, to begin by making small hunting +excursions into adjacent native territories, to follow up with +grazing his cattle there until he created in his own mind a right by +prescription, and then to establish it either by force or else by +written agreement, too often imperfectly translated. This was +oftentimes varied or supplemented by helping the weaker of two rival +chiefs, and so demolishing the power of a tribe. The expulsion of the +native followed as a natural result. + +In the Transvaal itself there was, and still is, an immense quantity +of unoccupied land, and the Boers were quite unable to properly +control, utilize, and administer their own immense territory, but +'land hunger' is theirs as a birth curse. The individual cannot bear +to see the smoke of his neighbour's chimney; he will not cultivate 50 +acres, but wants 50,000; the 'nation' wants Africa--no less. They +coveted Swaziland, Zululand, Bechuanaland, Matabeleland, Mashonaland, +and Tongaland, and set to work by devious methods to establish claims +to these countries. + +In Bechuanaland they took sides; that is to say, parties of +freebooters from the Transvaal took up the cause of certain native +chiefs against certain others. The London Convention in 1884 +disposed of this quarrel by fixing the south-western boundaries +of the Republic, and placing two of the disputing chiefs under +the Transvaal, and the other two under British protection. +Notwithstanding this, however, the new Convention was no sooner +signed than the scheming was resumed, and before a year had passed a +party of Transvaal Boers, several of them now holding high official +positions under the Republic, raided the territory of the chiefs in +the British Protectorate, and even attacked the chief town Mafeking. +This was followed by a proclamation by President Kruger placing the +territory under the protection of the Republic. Mr. Rhodes, who had +already made himself conspicuous by his advocacy of holding the +highway to the interior open, was instrumental in inducing the +Imperial Government to make a determined stand against this. An +ultimatum moved the Transvaal Government to withdraw the proclamation +and forced the Boers to leave the country--only, however, when and +because the demand was backed by the Warren expedition at a cost of +over a million and a half to the British taxpayer! This expedition +was sent by Mr. Gladstone, the Boer benefactor--notwithstanding all +his anxiety to prove the Transvaal settlement a good one! The action +of the Transvaal, and the most brutal murder of Mr. Bethell by the +individuals above referred to as holding high official positions +under the Republic, gave indications of the bent of the Boer +authorities which people in South Africa did not fail to take note +of. Bethell had been wounded in the invasion of the territory by the +Boers, and as he lay helpless the 'prominent Transvaal official' came +up and, seeing a repeating rifle lying beside him, asked him to show +them how it worked. He did so, and the 'prominent official' taking it +up under pretext of examining it shot Bethell dead with his own +weapon. + +In Zululand similar tactics were resorted to by the Republic. +Transvaal Boers invaded Zululand and (1884) took up the cause of +Dinizulu, a son of the dead Cetewayo, and established him as king, +upsetting Sir Garnet Wolseley's settlement. They then proceeded to +seize the country, but the British Government intervening at this +point, rescued some two-thirds for the Zulus. A glance at the map +will show that the intention of the Boers was to get to the sea, and +also that the unlucky Zulus, who had been broken by the British +Government--and very rightly too--because they were a menace to the +Transvaal, even more than to Natal, were now deprived of the pick of +their country, plundered and harried by the very people who had been +at their mercy until the Imperial Government stepped in. It is very +noteworthy that, with the splendid exception of the lion-hearted Piet +Uys and his sons, who fought and died (father and one son) in the +Zulu war side by side with the Britishers whom he was keenly opposing +on the annexation question, none of the Boers came forward to help in +the Secocoeni or Zulu wars, although these wars were undertaken, the +one entirely, and the other mainly, on their account. But a great +many were ready to raid and annex as soon as the Zulu power was +broken. + +Swaziland became in turn the object of the Boer Government's +attentions. First, grazing concessions were obtained; and next, other +concessions for the collection of Customs and Revenue dues, for +telegraphs, railways, banking, surveying, and goodness only knows +what. One individual applied for and obtained a concession for the +balance of ungranted concessions, and another applied for a grant of +the Chief Justiceship. What chance the unfortunate native had in such +a condition of things can be imagined. The Transvaal bought up all +the concessions necessary to make government of the country +absolutely impossible, except with their cooperation. The secret +service fund of the Republic provided means for making the +representatives of the Swazi nation see things in a reasonable light, +so that when the time came to investigate the title to concessions +and to arrange for the future administration of the country the +result was a foregone conclusion. The judge appointed by the Imperial +Government on the Special Joint Commission to inquire into the +concessions and matters in general let some light on the manner in +which these concessions were acquired and granted, by pertinent +questions to the concessionaires and interpreters. He asked, for +instance, 'Do you swear that you interpreted this document verbatim +to the king?'--'Yes.' 'Will you kindly tell to the Court what is the +or how you interpreted and explained the significance of the +"survey," "mint," "revenue," and "townships" concessions?' + +The picture of the obese and drunken chief surrounded by fawning +harpies was a shameful and disgusting one. One example is sufficient +to show how the thing was done. A concession for gambling was applied +for. The man who interpreted knew a smattering of 'kitchen' Kaffir, +and his rendering of the 'monopoly for billiards, card playing, +lotteries, and games of chance' was that he alone should be allowed +to '_tchia ma-ball_ (hit the balls), _hlala ma-paper_ (play the +papers), and _tata zonki mali_ (and take all the money).' The poor +drunken king nodded sleepily to the first two clauses, but to the +bald proposition of taking all the money, which he _could_ +understand, he violently objected. The concession was, however, +subsequently granted on the representations of a more tactful +interpreter. + +A very flagrant breach of the spirit of the London Convention, and a +very daring attempt at land-grabbing, was the proposed last will and +testament of the Swazi King Umbandine, which provided that the +governing powers should be assigned to Mr. Kruger as executor of the +King and trustee and administrator of the country. His project was +defeated; but the aim of the Boer Government was ultimately achieved, +nevertheless, and Swaziland has now been handed over to the control +of the Republic in spite of the prayers and protestations of the +Swazis themselves, who had proved in the past with very practical +results to be useful, ready, and loyal allies of the British +Government. + +While Swaziland was being entoiled the Transvaal Government were not +idle elsewhere. Matabeleland was looked upon as the heritage of the +Boer, because of the 'old friendship' with the Matabele,--whom they +had driven out of their country, now the Transvaal; and Mashonaland +was theirs because it was their ancient hunting-ground. That the +Boers did not abandon their old schemes merely because they had +agreed by treaty to do so is shown by a letter which was found at Lo +Bengula's kraal by Mr. F. Thompson when he went up to negotiate for +Mr. Rhodes. The stealthy grovelling of the Commandant-General before +a savage native chief, the unctuous phraseology, the hypocritical +assurances of an undying friendship between Boer and Matabele so long +as there are living one of each race, throw a lurid light upon the +conduct of Boer diplomacy with native tribes, and explain much of the +ineradicable fear and distrust which are felt on the native side in +all dealings with the aggressive Boer. The letter reads: + + MARICO, + THE SOUTH AFRICAN REPUBLIC, + _March 9, 1882._ + +_To the great ruler the Chief Lo Bengula, the son of Umzilikatse, the +great King of the Matabili nation_. + +GREAT RULER, + +When this letter reaches you, then you will know that it comes from a +man who very much desires to visit you, but who, being a man of the +people, cannot get loose to make such a long journey. Therefore he +must now be satisfied with writing a letter to carry his regards to +the son of the late King of the Matabele, our old friend Umzilikatse. +When I say that I desire to see you, it is not to ask for anything, +but to talk of something, and to tell Lo Bengula of the affairs and +things of the world, because I know that there are many people who +talk and tell about these matters, whilst there are but few who tell +the truth. Now, when a man hears a thing wrong, it is worse than if +he had never heard it at all. Now, I know that Lo Bengula has heard +some things wrongly, and for this reason would I tell him the real +truth. Now, you must have heard that the English--or as they are +better known the Englishmen--took away our country, the Transvaal, +or, as they say, annexed it. We then talked nicely for four years, +and begged for our country. But no; when an Englishman once has your +property in his hand, then is he like a monkey that has its hands +full of pumpkin-seeds--if you don't beat him to death, he will +never let go--and then all our nice talk for four years did not help +us at all. Then the English commenced to arrest us because we were +dissatisfied, and that caused the shooting and fighting. Then the +English first found that it would be better to give us back our +country. Now they are gone, and our country is free, and we will now +once more live in friendship with Lo Bengula, as we lived in +friendship with Umzilikatse, and such must be our friendship, that so +long as there is one Boer and one Matabele living these two must +remain friends. On this account do I wish to see Lo Bengula, and if I +may live so long, and the country here become altogether settled, and +_the stink which the English brought_ is first blown away altogether, +then I will still ride so far to reach Lo Bengula, and if he still +has this letter then he will hear the words from the mouth of the man +who now must speak with the pen upon paper, and who, therefore, +cannot so easily tell him everything. The man is a brother's child of +the three brothers that formerly--now thirty-two years ago--were at +Umzilikatse's, and then made the peace with him which holds to this +day. He still remembers well when the first Boers, Franz Joubert, +Jann Joubert, and Pieter Joubert, came there, and when they made the +the peace which is so strong that the vile evil-doers were never able +to destroy it, and never shall be able to destroy it as long as there +shall be one Boer that lives and Lo Bengula also lives. + +Now I wish to send something to give Lo Bengula a present as a token +of our friendship. I send for Lo Bengula with the gentleman who will +bring him this letter a blanket and a handkerchief for his great +wife, who is the mother of all the Matabele nation. I will one day +come to see their friendship. The gentleman who brings the letter +will tell you about all the work which I have to do here. Some bad +people have incited Kolahing, and so he thought he would make +fortifications and fight with us, but he got frightened, and saw that +he would be killed, therefore I made him break down the +fortifications and pack all the stones in one heap, and he had then +to pay 5,000 cattle and 4,000 sheep and goats for his wickedness. Now +there is another chief, Gatsizibe--he came upon our land and killed +three people and plundered them--he must also pay a fine, or else we +will punish him or shoot him, because we will have peace in our +country. Now greetings, great Chief Lo Bengula, from the +Commandant-General of the South African Republic for the Government +and Administration. + + P.J. JOUBERT. + + +A big trek (the Banjailand trek) was organized in 1890 and 1891 by +General Joubert and his relatives and supporters to occupy a portion +of the territory already proclaimed as under British protection and +the administration of the Chartered Company. The trekkers were turned +back at Rhodes's Drift, stopped by the firmness and courage and tact +of Dr. Jameson, who met them alone and unarmed; and also by the +proclamation of President Kruger, to whom it had been plainly +intimated that the invasion would be forcibly resisted and would +inevitably provoke war. The matter had gone so far that the offices +of the Republic of Banjai had already been allotted. The President's +proclamation instead of being regarded as the barest fulfilment of +his obligations--very grudgingly done under pressure of threats--was +vaunted as an act of supreme magnanimity and generosity, and was used +in the bargaining for the cession of Swaziland. + +In Tongaland Boer emissaries were not idle; but they failed, owing to +the fact that the Tonga Queen Regent, Zambili, a really fine specimen +of the savage ruler, would have nothing to do with any power but +England, whose suzerainty she accepted in 1887. Being shut off here, +the Boer Government made another bid for seaward extension, and, +through their emissaries, obtained certain rights from two petty +chiefs, Zambaan and Umbegesa, whom they represented as independent +kings; but Lord Rosebery annexed their territories in 1894, and so +put a final stop to the Transvaal schemes to evade the Convention by +intrigue with neighbouring native tribes. + +Nothing can better illustrate the Boers' deliberate evasion of their +treaty obligations than their conduct in these matters. The Pretoria +Convention defined the Transvaal boundaries and acknowledged the +independence of the Swazis, and yet the British Government's delay in +consenting to the annexation of Swaziland by the Republic was +regarded for years as an intolerable grievance, and was proclaimed as +such so insistently that nearly all South Africa came at last to so +regard it. + +The Boers' consent to the Chartered Company's occupation of +Mashonaland was looked upon as something calling for a _quid pro +quo_, and the annexation of Zambaan's land is now regarded as an +infamous act of piracy by England, and an infringement of the +Republic's rights, which the Dutch papers denounce most vehemently. +The Boer Government made it clear, not less in their purely internal +policy than in these matters of extensions of territory, that they +intended pursuing a line of their own. + +In 1882, the property known as 'Moodies,' consisting of a number of +farms bearing indications of gold, was thrown open to prospectors. +The farms had been allotted to Mr. G. Piggott Moodie when he was +Surveyor-General, in lieu of salary which the Republic was unable to +pay. This was the beginning of the prospecting era which opened up De +Kaap, Witwatersrand, and other fields; but it was a small beginning, +and for some time nothing worth mentioning was discovered. The +Republic was again in a bad way, and drifting backwards after its +first spurt. The greatest uncertainty prevailed amongst prospectors +as to their titles, for in Lydenburg, at Pilgrim's Rest, and on the +Devil's Kantoor, concessions had been granted over the heads of the +miners at work on their claims, and they had been turned off for the +benefit of men who contributed in no way to the welfare and +prosperity of the State. It has been stated in the Volksraad that not +one of those concessionaires has even paid the dues and rents, or +complied with the other conditions stipulated in the contracts. +district was practically locked up for fourteen years owing to the +concession policy, and has only lately been partly released from the +bonds of monopoly. + +In 1884 Messrs. Kruger and Smit proceeded to Europe to endeavour to +raise funds, which were badly needed, and also to obtain some +modifications of the Convention. The attempt to raise funds through +the parties in Holland to whom the railway concession had just been +granted failed, but the delegates were more fortunate in their other +negotiations. They negotiated the London Convention which fixed +certain hitherto undefined boundaries; and in that document no +reference was made to the suzerainty of Great Britain. They also +secured the consent of the British Government to the alteration of +the title of the country. Instead of Transvaal State it became once +more the 'South African Republic.'{07} During this visit there +occurred an incident which provides the answer to Mr. Kruger's +oft--_too_ oft--repeated remark that 'the Uitlanders were never asked +to settle in the Transvaal, and are not wanted there.' Messrs. Kruger +and Smit were staying at the Albemarle Hotel, where they found +themselves, after some weeks' delay, in the uncomfortable position of +being unable to pay their hotel bill. In their extremity they applied +to one Baron Grant, at that time a bright particular star in the +Stock Exchange firmament. Baron Grant was largely interested in the +gold concessions of Lydenburg, and he was willing to assist, but on +terms. And the _quid pro quo_ which he asked was some public +assurance of goodwill, protection, and encouragement to British +settlers in the Transvaal. Mr. Kruger responded on behalf of the +Republic by publishing in the London press the cordial invitation +and welcome and the promise of rights and protection to all who +would come, so frequently quoted against him of late. + +By this time Moodies had attracted a fair number of people, and the +prospects of the country began, for the first time with some show of +reason, to look brighter. No results were felt, however, and the +condition of the Government officials was deplorable. Smuggling was +carried on systematically; in many cases officials 'stood in' with +smugglers. They were obliged either to do that or to enforce the laws +properly and get what they could by seizing contraband goods. There +were two objections to the latter course, however. One was that the +country was large and detection difficult with men who were both +daring and resourceful; and the other was that the officials were not +sure of receiving their share of the spoil from a Government so hard +pressed as this one was, and whose higher officials also had +difficulties about payment of salaries. In many cases salaries were +six months in arrear; and other cases could be quoted of officials +whose house-rent alone amounted to more than their nominal +remuneration. Yet they continued to live, and it was not difficult to +surmise _how_. Another significant fact was that goods subject to +heavy duties--such as spirits, hams, etc.--could be bought at any +store at a price which was less than original cost plus carriage and +duty. Smuggling was a very palpable fact, and--quoth the public and +the officials--a very convenient and even necessary evil. + +The principle on which the Customs officials conducted the business +of their office was observed by other officials of the Republic, and +in one department, at least, the abuses have had a very far-reaching +and serious effect. The Field-cornets--district officials who act as +petty justices, registering, and pass officers, collectors of +personal taxes, captains of the burgher forces, etc., etc.--are the +officers with whom each newcomer has to register. This is an +important matter, because the period of residence for the purpose of +naturalization and enfranchisement is reckoned from the date of +registration in the Field-cornet's books. As these officials were +practically turned loose on the public to make a living the best +way they could, many of them, notwithstanding that they collected the +taxes imposed by law, omitted to enter the names of new arrivals in +their books, thus securing themselves against having to make good +these amounts in event of an inspection of the books. Many of the +Field-cornets were barely able to write; they had no 'offices,' and +would accept taxes and registrations at any time and in any place. +The chances of correct entry were therefore remote. The result of +this is very serious. The records are either 'lost' when they might +prove embarrassing, or so incorrectly or imperfectly kept as to be of +no use whatever; and settlers in the Transvaal from 1882 to 1890 are +in most cases unable to prove their registration as the law requires, +and this through no fault of their own. + +In the country districts justice was not a commodity intended for the +Britisher. Many cases of gross abuse, and several of actual murder +occurred; and in 1885 the case of Mr. Jas. Donaldson, then residing +on a farm in Lydenburg--lately one of the Reform prisoners--was +mentioned in the House of Commons, and became the subject of a demand +by the Imperial Government for reparation and punishment. He had been +ordered by two Boers (one of whom was in the habit of boasting that +he had shot an unarmed Englishman in Lydenburg since the war, and +would shoot others) to abstain from collecting hut taxes on his own +farm; and on refusing had been attacked by them. After beating them +off single-handed, he was later on again attacked by his former +assailants, reinforced by three others. They bound him with reims +(thongs), kicked and beat him with sjamboks (raw-hide whips) and +clubs, stoned him, and left him unconscious and so disfigured that he +was thought to be dead when found some hours later. On receipt of the +Imperial Government's representations, the men were arrested, tried +and fined. The fines were stated to have been remitted at once by +Government, but in the civil action which followed Mr. Donaldson +obtained Ł500 damages. The incident had a distinctly beneficial +effect, and nothing more was heard of the maltreatment of defenceless +men simply because they were Britishers. Moreover, with the +improvement in trade which followed the gold discoveries of 1885 +and 1886 at Moodies and Barberton, the relations between the two +races also improved. Frequent intercourse and commercial relations +begot a better knowledge of each other, and the fierce hatred of the +Britisher began to disappear in the neighbourhood of the towns and +the goldfields. + +In 1886 the wonderful richness of the Sheba Mine in Barberton +attracted a good deal of attention, and drew a large number of +persons--prospectors, speculators, traders, etc.--to the Transvaal. +Before the end of 1887 ten or twelve thousand must have poured into +the country. The effect was magical. The revenue which had already +increased by 50 per cent. in 1886, doubled itself in 1887, and then +there came unto the Boer Government that which they had least +expected--ample means to pursue their greater ambitions. But unmixed +good comes to few, and with the blessings of plenty came the cares of +Government, the problem of dealing with people whose habits, +thoughts, ambitions, methods, language, and logic differed utterly +from their own. Father Abraham on the London Stock Exchange would not +be much more 'at sea' than the peasant farmers of the Volksraad were +in dealing with the requirements of the new settlers. + +Agitations for reforms commenced early in Barberton. At first it was +only roads and bridges that were wanted, or the remission of certain +taxes, or security of title for stands and claims. Later on a +political association named the Transvaal Republican Union was formed +in Barberton, having a constitution and programme much the same as +those of the Transvaal National Union, formed some five years later +in Johannesburg. The work of this body was looked on with much +disfavour by the Government, and it was intimated to some of the +prominent members that if they did not cease to concern themselves +with politics they would suffer in their business relations, and +might even be called upon to leave the country. Many reforms were +specified as desirable, and the franchise question was raised, with +the object of getting the Government to make some reasonable +provision in lieu of the registration clause, which was found in most +cases to be an absolute bar. + +The discovery of the Witwatersrand conglomerate formation soon +helped to swell the flowing tide of prosperity. In the middle of +1887 the regular output of gold commenced, and the fields have never +'looked back' since. Johannesburg--named after Mr. Johannes Rissik, +the Surveyor-General of the Transvaal--was soon a far greater problem +than Barberton had been. The shareholders in the mines soon found it +necessary to have some organization to protect their interests and +give unison to their policy, and to preserve the records and collect +information for the industry. The Witwatersrand Chamber of Mines was +then formed, a voluntary business association of unique interest and +efficiency. The organization includes all the representative and +influential men, and every company of any consequence connected with +the mining industry; and it has, through its committee and officials, +for eight years represented to the Volksraad the existence of abuses +and grievances, the remedies that are required, and the measures +which are felt to be necessary or conducive to the progress of the +industry in particular, or the welfare of the State in general. The +President, Executive and Volksraad, by neglect of their obvious +duties, by their ignorance of ordinary public affairs, by their +wilful disregard of the requirements of the Uitlanders, have given +cohesion to a people about as heterogeneous as any community under +the sun, and have trained them to act and to care for themselves. The +refusal year after year to give a charter of incorporation to the +Chamber, on the grounds that it would be creating an _imperium in +imperio_, and the comments of Volksraad members on the petition, have +made it clear that the Government view the Chamber with no friendly +eye. The facts that in order to get a workable pass law at all the +Chamber had to prepare it in every detail, together with plans for +the creation and working of a Government department; and that in +order to diminish the litigation under the gold law, and to make that +fearful and wonderful agglomeration of erratic, experimental, crude, +involved, contradictory and truly incomprehensible enactments at all +understandable, the Chamber had to codify it at its own expense and +on its own initiative, illustrate both the indispensable character of +the organization, and the ignorance and ineptitude of the Government. + +The records of the Volksraad for the last ten years may be searched +in vain for any measure calculated constructively to advance the +country, or to better the conditions of the workers in it, with the +few--very few--exceptions of those proposed by the Chamber of Mines. +The country has, in fact, run the Government, and the Government has +been unable to ruin it. + +Shortly after the discovery of the Rand conglomerates, it became +clear that a railway would have to be built between the coalfields +and the mines--some forty miles. But it was a fixed principle of the +Boers that no railways (with the exception of the Delagoa Bay line, +which, as the means of diverting trade from British channels, was +regarded as a necessary evil) should be built, since they could +compete successfully with the ox-waggon, and thus deprive the 'poor +burgher' of his legitimate trade spoil; and great difficulty was +experienced in getting the consent of the Raad. As a matter of fact, +the permission to build it was only obtained by subterfuge; for it +was explained to the worthy law-makers that it was not a railway at +all--only a _steam tram_. And the Rand Steam Tram it is called to +this day. + +The Delagoa Railway--the darling scheme of Presidents Burgers and +Kruger in turn--was taken seriously in hand as soon as it was +possible to raise money on almost any terms. The concession for all +railways in the State was granted on April 16, 1884, to a group of +Hollander and German capitalists, and confirmed by the Volksraad on +August 23 following. The President's excuse for granting and +preserving this iniquitous bond on the prosperity of the State is, +that when the country was poor and its credit bad, friends in Holland +came forward and generously helped it, and this must not be forgotten +to them. As a matter of fact, friends accepted the concession when +the State was poor and its credit bad, but did nothing until the +State's credit improved to such an extent as to be mortgageable. +_Then_ the friends granted certain favourable terms under their +concession to other friends, who built the first section of the line +at preposterous rates, and repaid themselves out of moneys raised on +the State's credit. + +A well-known South African politician, distinguished alike for his +ability and integrity, who visited the Transvaal during the progress +of the reformers' trial, and was anxious in the interests of all +South Africa to find a solution of the differences, put the position +thus to some of the leading men of the Rand: 'You can see for +yourselves that this is no time to ask for the franchise; for the +time being, Jameson's invasion has made such a suggestion impossible. +Now, tell me in a word, Is there any one thing that you require more +than anything else, which we can help you to get?' The answer was: +'The one thing which we must have--not for its own sake, but for the +security it offers for obtaining and retaining other reforms--_is_ +the franchise. No promise of reform, no reform itself, will be worth +an hour's purchase unless we have the status of voters to make our +influence felt. But, if you want the chief economic grievances, they +are: the Netherlands Railway Concession, the dynamite monopoly, the +liquor traffic, and native labour, which, together, constitute an +unwarrantable burden of indirect taxation on the industry of _over +two and a half millions sterling annually_. We petitioned until we +were jeered at; we agitated until we--well--came here [Pretoria +Gaol]; and we know that we shall get no remedy until we have the vote +to enforce it. We are not a political but a working community, and if +we were honestly and capably governed the majority of us would be +content to wait for the franchise for a considerable time yet in +recognition of the peculiar circumstances, and of the feelings of the +older inhabitants. That is the position in a nutshell.' + +[Netherlands Railway Company.] + +The Netherlands Railway Company is then a very important factor. It +is unnecessary to go very fully into its history and the details of +its administration. As the holder of an absolute monopoly, as the +enterprise which has involved the State in its National Debt, and as +the sole channel through which such money has been expended, the +Company has gradually worked itself into the position of being the +financial department of the State; and the functions which are +elsewhere exercised by the heads of the Government belong here, in +practice, entirely to this foreign corporation. Petitions for the +cancellation of this concession were presented in 1888, when the +progressive element in the first Volksraad consisted of one man--Mr. +Loveday, one of the loyalists in the war. The agitation begun and +carried on by him was taken up by others, but without further result +than that of compelling the President to show his hand and step +forward as the champion of the monopoly on every occasion on which it +was assailed. During the years 1893-96 the President stoutly defended +the Company in the Volksraad, and by his influence and the solid vote +of his ignorant Dopper Party completely blocked all legislation +tending to control the Company. Indeed at the end of the Session of +1895, on receiving representations from the business communities of +the Republic as to the desirability of removing this incubus from the +overtaxed people, the President stated plainly that the Netherlands +Railway Concession was a matter of high politics and did not concern +any but the burghers of the State, and that he would receive no +representations from the Uitlanders on the subject nor would he +permit them to discuss it. + +Very shortly after the granting of this railway concession came the +appointment of Dr. Leyds as State Attorney for the Republic, he +having been recommended and pushed forward by the gentlemen in +Holland to whom the concession had been granted. It is stated that he +was sent out as the agent of the concessionaires in order to protect +and advance their interests, although at the same time in the service +of the Republic. It is only necessary to add that Mr. Beelaerts van +Blokland, the Consul-General for the Republic in Holland, is the +agent of the concessionaires in that country, and the accord with +which these two gentlemen, as railway commissioners at their +respective ends, have always acted becomes intelligible. Several of +the vital conditions of the concession have been freely violated, the +first being that a certain section of the line (Nelspruit) should be +completed within four years. It was not completed for eight. The +concession really became void several times during the years prior to +1890, but always found a stalwart champion in the President, who +continued to defend the concessionaires for some two years after they +had failed to get their capital subscribed. The Company was +floated on June 21 1887 on the most peculiar terms, the capital of +Ł166,666 being in 2,000 shares of 1,000 guilders, or Ł83 6s. 8d. +each. The shares were subscribed for by the following groups: + + German 819 shares, carrying 30 votes. + Hollander 581 " " 76 " + The Republic 600 " " 6 " + +The trust-deed, which limited the Republic to 6 out of 112 votes, +although it subscribed about one-third of the capital, and gave to +the smallest holders, the Hollanders, twice as many votes as all the +others put together, was passed by Dr. Leyds, in his capacity of +legal adviser of the Government, having previously been prepared by +him in his other capacity. The sum of Ł124,000 appears to have been +expended on construction ten months before any contract was given out +for the same or any work begun, and fifteen months before any +material was shipped. + +The contract for the construction of the first sixty miles compels +admiration, if only for its impudence. In the first place the +contractors, Van Hattum and Co., were to build the line at a cost to +be mutually agreed upon by them and the railway company, and they +were to receive as remuneration 11 per cent. upon the amount of the +specification. But should they exceed the contract price then the 11 +per cent. was to be proportionately decreased by an arranged sliding +scale, provided, however, that Van Hattum and Co. did not _exceed the +specification by more than 100 per cent._, in which latter case the +Company would have the right to cancel the contract. By this +provision Messrs. Van Hattum and Co. could increase the cost by 100 +per cent, provided they were willing to lose the 11 per cent. profit, +leaving them a net gain of 89 per cent. They did not neglect the +opportunity. Whole sections of earthworks cost Ł23,500 per mile, +which should not have cost Ł8,000. Close upon a thousand Hollanders +were brought out from Holland to work for a few months in each year +on the line and then be sent back to Holland again at the expense of +the Republic. In a country which abounded in stone the Komati Bridge +was built of dressed stone which had been quarried and worked in +Holland and exported some 7,000 miles by ship and rail. + +These are a few instances out of many. The loss to the country +through the financing was of course far greater than any manipulation +of the construction could bring about. In the creating of overdrafts +and the raising of loans very large sums indeed were handled. +Three-quarters of a million in one case and a million in another +offered opportunities which the Hollander-German gentlemen who were +doing business for the country out of love for it (as was frequently +urged on their behalf in the Volksraad) were quick to perceive. The 5 +per cent. debentures issued to raise the latter sum were sold at Ł95 +15s.; but the financiers deducted Ł5 commission from even this, so +that the State has only benefited to the extent of Ł90 15s. This +transaction was effected at a time when the State loan known as the +Transvaal Fives--raised on exactly the same interest and precisely +the same guarantee--was quoted at over par. What, however, was felt +to be worse than any detail of finance was that this corporation of +foreigners had gradually obtained complete control of the finances of +the State, and through the railway system it practically dictated the +relations with the other Governments in South Africa, by such +measures for instance as the imposition of a charge of 8-1/2d. per +ton per mile on goods travelling over their lines coming from the +Cape Colony, whilst the other lines are favoured by a charge of less +than half that. The burdens placed upon the mining industry by the +excessive charges imposed for political purposes were, in the case of +the poorer mines, ruinous. The right which the Company had to collect +the Customs dues for account of the State, to retain them as security +for the payment of interest on their shares and debentures, and to +impose a charge for collection quite disproportionate to the cost, +was another serious grievance. It was hopeless, however, to deal with +the whole question. The Government had set its face against any +reform in this quarter. It was not possible to obtain even ordinary +working facilities such as any business corporation unprotected by an +absolute monopoly would be bound to concede of its own accord, in +order to catch a measure of trade. + +The Government have the right, under the agreement with the +Company, to take over the railway on certain conditions, of which +the following are the most important: + +(_a_) The Company shall receive one year's notice of the intention to +take over. + +(_b_) The Company shall receive twenty times the amount of the +average of the last three years' dividends. + +(_c_) The Company shall receive as a solatium for the unexpired +period of the concession an amount equal to one per cent. of its +nominal capital for each year up to the year of expiring (1915). + +The Government can take over the Krugersdorp-Johannesburg-Boksburg +Tramway against payment of the cost of construction. + +If the Volksraad should not during this Session{08} decide to +nationalize the railway no change can take place before 1898, so that +the three years 1895 to 1897 would have to be taken as a basis and +therefore the 6 per cent. for 1894, the only low dividend, would not +come into the calculation. This would of course considerably increase +the purchase price--_e.g._, + + 1895 9 per cent. + 1896 14 " (estimate), + 1897 14 " " + -- + Total 37 " + +That is to say an average distribution of 12.33 per cent. for the +three years. The purchase price would thus be: + + 12.33 X 20 = 246.66 per cent. + 17 years' premium 17 " + ------ + Total 263.66 " + +This has been clearly explained to the Volksraad but without avail, +the President's influence on the other side being too strong. During +the Session of 1895 it was made clear that agitation against the +Company was as futile as beating the air. When the Hollander clique +found that they could no longer convince the Boers as a whole of the +soundness of their business and the genuineness of their aims, and +when they failed to combat the arguments and exposures of their +critics, they resorted to other tactics, and promulgated voluminous +reports and statements of explanations which left the unfortunate +Volksraad members absolutely stupefied where they had formerly only +been confused.{09} + +The following is taken from an article in the Johannesburg _Mining +Journal_, dealing with the burdens imposed by the railway company +upon the industry: + +RAILWAY MONOPOLY. + +This is another carefully designed burden upon the mines and country. +The issued capital and loans of the Netherlands Company now total +about Ł7,000,000, upon which an average interest of about 5-1/3 per +cent.--guaranteed by the State--is paid, equal to Ł370,000 per annum. +Naturally the bonds are at a high premium. The Company and its +liabilities can be taken over by the State at a year's notice, and +the necessary funds for this purpose can be raised at 3 per cent. An +offer was recently made to the Government to consolidate this and +other liabilities, but the National Bank, which is another +concession, has the monopoly of all State loan business, and this +circumstance effectually disposed of the proposal. At 3 per cent. a +saving of Ł160,000 per annum would be made in this monopoly in +interest alone. The value represented by the Custom dues on the +Portuguese border we are not in a position to estimate, but roughly +these collections and the 15 per cent. of the profits paid to the +management and shareholders must, with other leakages, represent at +least another Ł100,000 per annum, which should be saved the country. +As the revenue of the corporation now exceeds Ł2,000,000 a year, of +which only half is expended in working costs, the estimate we have +taken does not err upon the side of extravagance. By its neglect of +its duties towards the commercial and mining community enormous +losses are involved. Thus, in the coal traffic, the rate--which is +now to be somewhat reduced--has been 3d. per ton per mile. According +to the returns of the Chamber of Mines, the coal production of the +Transvaal for 1895 was 1,045,121 tons. This is carried an average +distance of nearly thirty miles, but taking the distance at +twenty-four miles the charges are 6s. per ton. At 1-1/2d. per ton per +mile--three times as much as the Cape railways charge--a saving upon +the coal rates of 3s. per ton would follow, equal to Ł150,000 per +annum. Again, by the 'bagging' system, an additional cost of 2s. 3d. +per ton is incurred--details of this item have been recently +published in this paper--and if this monopoly were run upon ordinary +business lines, a further saving of Ł110,000 would be made by +carrying coal in bulk. The interest upon the amount required to +construct the necessary sidings for handling the coal, and the +tram-lines required to transport it to the mines, would be a mere +fraction upon this amount; and as the coal trade in the course of a +short time is likely to see a 50 per cent. increase, the estimate may +be allowed to stand at this figure without deduction. No data are +available to fix the amount of the tax laid upon the people generally +by the vexatious delays and losses following upon inefficient railway +administration, but the monthly meetings of the local Chamber of +Commerce throw some light upon these phases of a monopolistic +management. The savings to be made in dealing with the coal traffic +must not be taken as exhausting all possible reforms; the particulars +given as to this traffic only indicate and suggest the wide area +covered by this monopoly, which hitherto has made but halting and +feeble efforts to keep pace with the requirements of the public. +Dealing as it does with the imports of the whole country, which now +amount in value to Ł10,000,000, the figures we have given must serve +merely to illustrate its invertebrate methods of handling traffic, as +well as its grasping greed in enforcing the rates fixed by the terms +of its concession. Its forty miles of Rand steam tram-line and +thirty-five miles of railway from the Vaal River, with some little +assistance from the Delagoa line and Customs, brought in a revenue +of about Ł1,250,000 in 1895. Now that the Natal line is opened the +receipts will probably amount to nearly Ł3,000,000 per annum, all of +which should swell the ordinary revenue of the country, instead of +remaining in the hands of foreigners as a reservoir of wealth for +indigent Hollanders to exploit. The total railway earnings of the +Cape and Natal together over all their lines amounted to Ł3,916,566 +in 1895, and the capital expenditure on railways by these colonies +amounts to Ł26,000,000. The greater portion of these receipts come +from the Rand trade, which is compelled to pay an additional +Ł2,500,000, carrying charges to the Netherlands Company, which has +Ł7,000,000 of capital. Thus, railway receipts in South Africa amount +now to Ł7,000,000 per annum, of which the Rand contributes at least +Ł5,000,000. + +The revenue of the company is now considerably over Ł3,000,000 per +annum. The management claim that their expenses amount to but 40 per +cent. of revenue, and this is regarded by them as a matter for +general congratulation. The Uitlanders contend that the concern is +grossly _mis_managed, and that the low cost of working is a fiction. +It only appears low by contrast with a revenue swollen by +preposterously heavy rates and protected by a monopoly. The tariff +could be reduced by one-half; that is to say, a remission of taxation +to the tune of one and a half million annually could be effected +without depriving the Company of a legitimate and indeed very +handsome profit. + +[Selati Railway.] + +The Selati Railway Scheme! 'Conceived in iniquity, delivered in +shame, died in disgrace!' might be its history, but for the fact that +it is not quite dead yet. But very nearly! The concession was +obtained during the Session of 1890 by a member of the First +Volksraad, Mr. Barend J. Vorster, jun., who himself took part in and +guided the tone of the debate which decided the granting of the +concession. The Raad resolved to endeavour to obtain the favourable +opinions of their constituents, but before doing so the generous +Mr. Vorster made what he was pleased to call 'presents' to the +members--American spiders, Cape carts, gold watches, shares in the +Company to be floated, and sums in cash--were the trifles by which +Mr. Vorster won his way to favour. He placated the President by +presenting to the Volksraad a portrait of his Honour, executed by the +late Mr. Schroeder, South Africa's one artist. The picture cost Ł600. +The affair was a notorious and shameless matter of bribery and the +only profit which the country gained from it was a candid confession +of personal principles on the part of Mr. Kruger himself, who when +the exposure took place stated that he saw no harm in members +receiving presents. Debentures to the amount of Ł500,000 were issued, +bearing Government guarantee of 4 per cent. The Company received Ł70 +for each Ł100 debenture. Comment is superfluous. A second issue of a +million was made, nominally at Ł93 10s., but the Company only +received Ł86--a commission to the brokers or agents of 8-3/4 per +cent., at a time when the Company's previous issue of 4 per cents. +were standing at Ł97 in the market. The costs of flotation were +charged at upwards of Ł32,000; the expenses of one gentleman's +travelling, etc., Ł6,000. + +But these are 'trifles light as air.' This Selati Railway Company, +which being guaranteed by Government is really a Government +liability, arranged with a contractor to build the line at the +maximum cost allowed in the concession, Ł9,600 per mile. Two days +later this contractor sub-let the contract for Ł7,002 per mile. As +the distance is 200 miles, the Republic was robbed by a stroke of the +pen of Ł519,600--one of the biggest 'steals' even in the Transvaal. +During the two years for which Dr. Leyds was responsible as the +representative of the Republic for the management of this affair, +none of these peculiar transactions were detected--at any rate none +were reported or exposed; but on the accession to office of an +ignorant old Boer the nest of swindles appears to have been +discovered without any difficulty. And it is generally admitted that +Dr. Leyds is not a fool. This exposure took place at the end of the +Session of 1894, and, inured as the Uitlanders had become to jobs, +this was an eyeopener even for them, and the startled community +tax-payers--who had to bear the brunt of it all. + +[Revenue.] + +Turning to the finances of the country, the following tables are as +instructive as anything can be: + +REVENUE AND EXPENDITURE OF THE SOUTH AFRICAN REPUBLIC.{10} + + Fiscal period. Revenue. Expenditure. Remarks. + Ł Ł + Aug. 1, 1871 to July 31, 1872 ... 40,988 ... 35,714 + " 1, 1872 " Jan. 31, 1873 ... 43,239 ... 41,813 + Feb. 1, 1873 " " 31, 1874 ... 49,318 ... 45,482 Gold discovered + in Lydenburg. + " 1, 1874 " " 31, 1875 ... 58,553 ... 61,785 + " 1, 1875 " " 31, 1876 ... 64,582 ... 69,394 + " 1, 1876 " " 31, 1877 ... 62,762 ... 64,505 + " 1, 1877 " April 12, 1877 ... 25,752 ... 17,235 + April 12, 1877 " Dec. 31, 1877 ... 54,127 ... 70,003 + Jan. 1, 1878 " " 31, 1878 ... 76,774 ... 89,063 + " 1, 1879 " " 31, 1879 ... 93,409 ... 177,596 + " 1, 1880 " " 31, 1880 ... 174,069 ... 144,943 + " 1, 1881 " Oct. 14, 1881 ... 25,326 ... 186,707 British Govt. + Aug. 8, 1881 " Dec. 31, 1881 ... 37,908 ... 33,442 Boer Govt. + Jan. 1, 1882 " " 31, 1882 ... 177,407 ... 114,476 + " 1, 1883 " " 31, 1883 ... 143,324 ... 184,344 + " 1, 1884 " Mar. 31, 1884 ... 44,557 ... 18,922 + April 1, 1884 " " 31, 1885 ... 161,596 ... 184,820 + " 1, 1885 " " 31, 1886 ... 177,877 ... 162,709 Sheba floated. + " 1, 1886 " Dec. 31, 1886 ... 196,236 ... 154,636 Rand proclaimed + Sept. 8, 1886. + Jan. 1, 1887 " " 31, 1887 ... 637,749 ... 594,834 Shares quoted + Johannesburg + Stock Exchange. + Telegraph + opened + Johannesburg + April 26, 1887. + " 1, 1888 " " 31, 1888 ... 884,440 ... 720,492 Boom, Nov. 1888 + " 1, 1889 " " 31, 1889 ...1,577,445 ...1,201,135 to Jan. 1889. + Slump, Mar. 1889. + " 1, 1890 " " 31, 1890 ...1,229,061 ...1,386,461 + " 1, 1891 " " 31, 1891 ... 967,192 ...1,350,074 Baring Crisis. + " 1, 1892 " " 31, 1892 ...1,255,830 ...1,187,766 Railway reached + Johannesburg + Sept. 15. + " 1, 1893 " " 31, 1893 ...1,702,685 ...1,302,054 + " 1, 1894 " " 31, 1894 ...2,247,728 ...1,734,728 + " 1, 1895 " " 31, 1895 ...2,923,648 ...1,948,249 + " 1, 1896 " " 31, 1896 ...3,912,095 ...3,732,492 + " 1, 1897 " " 31, 1897 ...3,956,402 ...3,898,816 + " 1, 1898 " " 31, 1898 ...3,329,958 ...3,476,844 + " 1, 1899 " " 31, 1899 ...4,087,852 ...3,951,234 (Budget). + +The figures for the period from 1871 to the end of 1887 are taken +from Jeppe's Transvaal Almanac for 1889. They represent the +ordinary Revenue and Expenditure arrived at after the deduction +of the items 'Special Receipts,' 'Special Deposits,' 'Deposits +Withdrawn,' 'Advance Refunded,' 'Advances made' and 'Fixed Deposits' +from the totals given in the Official Government Returns. + +The figures for the years 1888 to 1899 are those of the published +Government Returns after the deduction of-- + +Fixed deposits from 1888 to 1893 inclusive. + +The sale and purchase of explosives from 1895 to 1898 inclusive. + +The owner's share of claim licenses from 1895 to 1899 inclusive. + +Delagoa Bay Customs Dues paid to the Netherlands Railway for 1898 and +1899. + +[Dynamite Monopoly.] + +The dynamite monopoly has always been a Monopoly very burning +question with the Uitlanders. This concession was granted shortly +after the Barberton Fields were discovered, when the prospects of an +industry in the manufacture of explosives were not really very great. +The concessionaire himself has admitted that had he foreseen to what +proportions this monopoly would eventually grow he would not have had +the audacity to apply for it. This, of course, is merely a personal +question. The fact which concerned the industry was that the right +was granted to one man to manufacture explosives and to sell them at +a price nearly 200 per cent. over that at which they could be +imported. It was found upon investigation after some years of +agitation that the factory at which this 'manufacture' took place was +in reality merely a depot in which the already manufactured article +was manipulated to a moderate extent so as to lend colour to the +President's statement that a local industry was being fostered. An +investigation held by order of the Volksraad exposed the imposition. +The President himself stated that he found he had been deceived and +that the terms of the concession had been broken, and he urged the +Raad to cancel it--which the Raad did. The triumph was considerable +for the mining industry and it was the more appreciated in that it +was the solitary success to which the Uitlanders could point in their +long series of agitations for reform. But the triumph was not +destined to be a lasting one. Within a few months the monopoly was +revived in an infinitely more obnoxious form. It was now called a +Government monopoly, but 'the agency' was bestowed upon a partner of +the gentleman who had formerly owned the concession, the President +himself vigorously defending this course and ignoring his own +judgment on the case uttered a few months previously. _Land en Volk_, +the Pretoria Dutch newspaper, exposed the whole of this transaction, +including the system of bribery by which the concessionaries secured +their renewal, and among other things made the charge which it has +continued to repeat ever since that Mr. J.M.A. Wolmarans, member +of the Executive, received a commission of one shilling per case +on every case sold during the continuance of the agency as a +consideration for his support in the Executive Council, and that he +continues to enjoy this remuneration, which is estimated now to be +not far short of Ł10,000 a year. Mr. Wolmarans, for reasons of pride +or discretion, has declined to take any notice of the charge, +although frequently pressed to take action in the matter. It is +calculated that the burden imposed upon the Witwatersrand Mines alone +amounts to Ł600,000 per annum, and is, of course, daily increasing. + +[The Franchise Laws.] + +The question of the franchise, which has achieved the greatest +prominence in the Uitlander agitation, is one with which few people +even in the Transvaal are familiar, so many and peculiar have been +the changes effected in the law. Lawyers differ as to whether certain +laws revoke or merely supplement previous ones, and the President +himself--to the grim amusement of the Uitlanders--frequently goes +astray when he speaks on franchise. The first law on burgher and +electoral rights is No. 1 of 1876, which remained in force until +1882. By it the possession of landed property or else residence for +one year qualified the settler for full burgher privileges. Law No. 7 +of 1882 was the first attempt of the restored Republic to deal with +the question. It was then enacted that an alien could be naturalized +and enfranchised after five years' residence, such residence to be +proved by the Field-cornet's books of registration. It has already +been explained that these records in nine cases out of ten were +either improperly kept or non-existent. + +In 1890 Law No. 4 was passed, creating the Second Volksraad and +altering the Grondwet (or constitution) accordingly. By this law the +franchise was indirectly altered without repealing those portions +which may be at variance with or repugnant to the implied +alterations, and this was done by simply defining what class of +electors should vote for members of the First Raad, and what class +for members of the Second. Thus, 'the members of the First Volksraad +shall be elected by those enfranchised burghers who have obtained the +right of voting before this law comes in force, or thereafter by +birth in the State, and on having attained the age of sixteen years.' +Secondly, all those who became naturalized and enfranchised after +this law was passed could not vote for members of the First +Volksraad, but a subsequent article in the law provides that the +higher rights can be obtained by those who shall have been eligible +for ten years for election to the Second Volksraad; and it is then +explained that, in order to be eligible for the Second Volksraad, +it is necessary to be thirty years of age, to be a member of the +Protestant Church, to live and have landed property in the Republic, +and to have been a naturalized subject for two years. Thus the full +electoral privileges were only obtainable after fourteen years' +residence in the State, and the possession of the other +qualifications of religion, property, etc. + +Next came Law No. 13 of 1891, which was rather a codification than an +alteration of previous laws. In 1892 another law was passed again +explaining, but not materially altering the franchise. In 1893 Law +No. 14 was passed as an amendment of previous laws: further juggling +the position--further hedging in the sacred preserve. As the law was +superseded in the following year it is unnecessary to go into +details; but note how the measure became law! It was not published in +the _Staats Courant_ for three months as required by law; it was not +published at all; nor was any special resolution taken affirming that +it was a matter of extreme urgency and therefore to be held exempt +from that rule of procedure; so that the High Court ought to be able +to declare it null and void. The circumstances of its introduction +could not be considered to warrant the plea of urgency. On the 29th +and 30th June, 1893, memorials upon the franchise question were laid +before the Raad. From Johannesburg came one memorial bearing 4,507 +signatures out of the grand total of 6,665 memorialists. It was in +favour of _extension_ of the franchise. Another memorial from 103 +Free State burghers was in favour of _extension_, another from +Barberton from 40 burghers also for _extension_. Seven memorials, +bearing 444 signatures, were _against_ extension. All the others +concerned minor alterations in Law 13 of 1891, and did not affect +the franchise. The Raad appointed a commission and on the 8th of +September received its report, together with a draft law which had +not before seen the light of day. After a discussion lasting part of +one morning the law was passed provisionally; and to be of full force +and effect until confirmed by the Raad in the following year. Thus +again were the fundamental political conditions entirely altered by +the passing of a law which _two hours before_ had not been heard of. + +Law No. 3 of 1894 purports to supersede all other laws. Therein it is +laid down that all persons born in the State, or who may have +established their domicile therein before May 29, 1876, are entitled +to full political privileges. Those who have settled in the country +since then can become naturalized after two years' residence dating +from the time at which their names were registered in the +Field-cornet's books. This naturalization confers the privilege of +voting for local officials, Field-cornets, landdrosts,{11} and for +members of the Second Raad. It is however stipulated that children +born in the country shall take the status of their fathers. The +naturalized subject after having been qualified to vote in this +manner for two years becomes eligible for a seat in the Second +Volksraad--_i.e._, four years after the registration of his name in +the Field-cornet's books. After he shall have been qualified to sit +in the Second Volksraad for ten years (one of the conditions for +which is that he must be thirty years of age) he may obtain the full +burgher rights or political privileges, provided the majority of +burghers in his Ward will signify _in writing their desire that he +should obtain them_ and provided the President and Executive shall +see no objection to granting the same. It is thus clear that, +assuming the Field-cornet's records to be honestly and properly +compiled and to be available for reference (which they are not), the +immigrant, after fourteen years' probation during which he shall +have given up his own country and have been politically emasculated, +privilege of obtaining burgher rights should he be willing and able +to induce the majority of a hostile clique to petition in writing on +his behalf and should he then escape the veto of the President and +Executive. + +This was the coping-stone to Mr. Kruger's Chinese wall. The +Uitlanders and their children were disfranchised for ever, and as far +as legislation could make it sure the country was preserved by entail +to the families of the Voortrekkers. The measure was only carried +because of the strenuous support given by the President both within +the Raad and at those private meetings which practically decide the +important business of the country. The President threw off all +disguise when it came to proposing this measure of protection. For +many years he had been posing as the one progressive factor in the +State and had induced the great majority of people to believe that +while he personally was willing and even anxious to accede to the +reasonable requests of the new population his burghers were +restraining him. He had for a time succeeded in quelling all +agitation by representing that demonstrations made by the tax-bearing +section only embarrassed him in his endeavour to relieve them and +aggravated the position by raising the suspicions and opposition of +his Conservative faction. + +In 1893 a petition signed by upwards of 13,000 aliens in favour of +granting the extension of the franchise was received by the Raad with +great laughter. But notwithstanding this discouragement, during the +following year a monster petition was got up by the National Union. +It was signed by 35,483 Uitlanders--men of an age and of sufficient +education to qualify them for a vote in any country. The discussion +which took place on this petition was so important, and the decision +so pregnant with results, that copious notes of the Volksraad debate +are published in this volume (Appendix). The only response made to +this appeal was a firmer riveting of the bonds. It is but just to say +that the President encountered determined opposition in his attempt +to force his measure through the Raad. The progressive section +(progressive being a purely relative term which the peculiar +circumstances of the country alone can justify) made a stand, +state that two or three of the intelligent and liberal-minded farmers +belonging to this progressive party, men who were earnestly desirous +of doing justice to all and furthering the interests of the State, +declared at the close of the debate that this meant the loss of +independence. 'Now,' said one old Boer, 'our country is gone. Nothing +can settle this but righting, and there is only one end to the fight. +Kruger and his Hollanders have taken our independence more surely +than ever Shepstone did.' The passing of this measure was a +revelation not only to the Uitlanders, who still believed that +reasonable representations would prevail, but to a section of the +voters of the country who had failed to realize Mr. Kruger's policy, +and who honestly believed that he would carry some conciliatory +measures tending to relieve the strain, and satisfy the large and +ever-increasing industrial population of aliens. The measure was +accepted on all hands as an ultimatum--a declaration of war to the +knife. There was only one redeeming feature about it: from that time +forward there could be no possibility of misunderstanding the +position, and no reason to place any credence in the assurances of +the President. When remonstrated with on this subject of the refusal +of the franchise, and when urged by a prominent man whose sympathies +are wholly with the Boer to consider the advisability of 'opening the +door a little,' the President, who was in his own house, stood up, +and leading his adviser by the arm, walked into the middle of the +street, and pointed to the Transvaal flag flying over the Government +buildings, saying, 'You see that flag. If I grant the franchise I may +as well pull it down.' + +It is seldom possible to indicate the precise period at which a +permanent change in the feeling of a people may be considered to have +been effected, but the case of the Uitlanders undoubtedly presents +one instance in which this is possible. Up to the passing of this law +quite a considerable section of the people believed that the +President and the Volksraad would listen to reason, and would even in +the near future make considerable concessions. A larger section, it +is true, believed nothing of the sort, but at the same time were so +far from thinking that it would be necessary to resort to extreme +measures that they were content to remain passive, and allow +their more sanguine comrades to put their convictions to the test. It +is not too much to say that not one person in a hundred seriously +contemplated that an appeal to force would be necessary to obtain the +concessions which were being asked. It might be said that within an +hour the scales dropped from the eyes of the too credulous community, +and the gravity of the position was instantly realized. The passage +of the Bill and the birth of the revolutionary idea were synchronous. + +In a brief sketch of events, such as this is, it is not possible with +due regard to simplicity to deal with matters in chronological order, +and for this reason such questions as the franchise, the railway, +dynamite, and others have been explained separately, regardless of +the fact that it has thereby become necessary to allude to incidents +in the general history for which no explanation or context is +supplied at the moment. This is particularly the case in the matter +of the franchise, and for the purpose of throwing light on the policy +of which the franchise enactments and the Netherlands Railway affairs +and other matters formed a portion, some explanation should be given +of President Kruger's own part and history in the period under +review. + +Mr. Kruger was elected President in 1882, and re-elected in 1888 +without serious opposition, his one rival, General Joubert, receiving +an insignificant number of votes. The period for which he was now +elected proved to be one of unexpected, unexampled prosperity, +furnishing him with the means of completing plans which must have +seemed more or less visionary at their inception; but it was also a +period of considerable trial. The development of the Barberton +Goldfields was a revelation to the peasant mind of what the power of +gold is. The influx of prospectors was very considerable, the +increase of the revenue of the State appeared simply colossal; and no +sooner did the Boer rulers begin to realize the significance of the +Barberton boom than they were confronted with the incomparably +greater discoveries of the Witwatersrand. The President did not like +the Uitlanders. He made no concealment of the fact. He could never be +induced to listen to the petitions of that community, nor to do +anything in the way of roads and bridges in return for the very +heavy contributions which the little community sent to the Republic's +treasury. In those days he used to plead that the distance +was great, and the time required for coach-travelling was too +considerable; but the development of the Witwatersrand and the +growth of Johannesburg within thirty-two miles of the capital, while +disposing of the pretexts which held good in the case of Barberton, +found Mr. Kruger no more inclined to make the acquaintance of the +newcomers than he had been before. Notwithstanding that the law +prescribes that the President shall visit all the districts and towns +of the State at least once during the year, notwithstanding, also, +the proximity of Johannesburg, the President has only visited the +industrial capital of the Republic three times in nine years. The +first occasion was in the early days--a visit now remembered only as +the occasion of the banquet at which Mr. Cecil Rhodes, then one of +the pioneers of the Rand, in proposing the President's health, +appealed to him to make friends with the newcomers, and to extend the +privileges of the older residents to 'his young burghers--like +myself.' That was before Mr. Rhodes had secured his concession, and +long before the Charter was thought of. + +There is an unreported incident which occurred a year or two later, +concerning the two strong men of Africa--it was a 'meeting' which +didn't take place, and only Mr. Rhodes can say how it might have +affected the future of South Africa had it come off. The latter +arrived by coach in Pretoria one Saturday morning, and, desiring to +see the President, asked Mr. Ewald Esselen to accompany him and +interpret for him. Mr. Rhodes, knowing the peculiar ways of Mr. +Kruger, waited at the gate a few yards from the house while Mr. +Esselen went in to inquire if the President would see him. Mr. +Kruger's reply was that he would see Mr. Rhodes on Monday. Mr. +Esselen urged that as Mr. Rhodes was obliged to leave on Sunday night +the reply was tantamount to a refusal. The President answered that +this was 'Nachtmaal' time and the town was full of his burghers, and +that he made it a rule, which he would violate for no one, to reserve +the Saturdays of the Nachtmaal week for his burghers so as to hear +what they had to say if any wished to speak to him, as his burghers +were more to him than anyone else in the world. 'I do no business on +Sunday,' he concluded, 'so Rhodes can wait or go!' Mr. Rhodes did not +wait. When he heard the answer he remarked to Mr. Esselen, 'The old +devil! I meant to work with him, but I'm not going on my knees to +him. I've got my concession however and he can do nothing.' + +The second visit of Mr. Kruger to Johannesburg was the famous one of +1890, when the collapse of the share market and the apparent failure +of many of the mines left a thriftless and gambling community wholly +ruined and half starving, unable to bear the burden which the State +imposed, almost wholly unappreciative of the possibilities of the +Main Reef, and ignorant of what to do to create an industry and +restore prosperity. This, at least, the community did understand, +that they were horribly overtaxed; that those things which might be +their salvation, and are necessary conditions for industrial +prosperity--railways, cheap living, consistent and fair +government--were not theirs. The President visited Johannesburg with +the object of giving the assurance that railways would be built. He +addressed a crowd of many thousands of people from a platform at the +Wanderers' Club pavilion. He did not conceal his suspicions of the +people, and his attempts to conceal his dislike were transparent and +instantly detected, the result being that there was no harmony +between his Honour and the people of Johannesburg. Later in the +evening the crowd, which had hourly become larger and more and more +excited and dissatisfied, surrounded the house which the President +was occupying, and, without desire to effect any violence, but by +simple pressure of numbers, swept in the railings and pillars which +enclosed the house. Most fortunately the Chief of Police had +withdrawn all the Boer members of the force, and the crowd, to their +surprise, were held back by Colonial, English, and Irish 'bobbies.' +This was probably the only thing that prevented a very serious +culmination. As it was, some excited individuals pulled down the +Transvaal flag from the Government buildings, tore it in shreds and +trampled it under foot. The incident should have been ignored under +the exceptionally trying conditions of the time, but the Government +determined to make much of it. Some arrests were effected, and men +thrown into prison. Bail was refused; in fact, 'martyrs' were made, +and the incident became indelibly stamped on the memory of both Boer +and Uitlander. The President vowed that he would never visit the +place again, and without doubt made use of his experience to +consolidate the feeling of his burghers against the Uitlanders. + +At a meeting of burghers several months after this incident, he +referred to the agitation and constant complaining of the Uitlanders, +and stated that they had only themselves to thank for all their +troubles, and yet they would blame the Government. He then proceeded +to entertain his hearers with one of the inevitable illustrations +from life in the lower animal kingdom. 'They remind me,' said his +Honour, 'of the old baboon that is chained up in my yard. When he +burnt his tail in the Kaffir's fire the other day, he jumped round +and bit me, and that just after I had been feeding him.' For five +years Mr. Kruger was as good as his word. He would not even pass +through Johannesburg when convenience suggested his doing so, but +made circuits by road to avoid the place of detestation. It was on +one of these visits to Krugersdorp, a township within the +Witwatersrand Fields, twenty miles from Johannesburg, that the +President, appreciating the fact that besides his beloved burghers +there might, owing to the proximity of the fields, be some +unregenerate aliens present, commenced his address as follows: +'Burghers, friends, thieves, murderers, newcomers, and others.' This +was not ill-judged and laborious humour; it was said in absolute +earnest. The references were repeated at various intervals in the +address and here explained by allusions to the Scriptures and to the +all-merciful God through Whom even the worst might hope to be +redeemed, the inference clearly being that even the Uitlander, by the +grace of God (and, no doubt, Mr. Kruger), might hope in time to +approach the fitness of the burgher. + +In the meantime another affair occurred, which revived much of the +old feeling expressed at the time of the flag affair. War was +declared against Malaboch, a native chief with a following of a few +hundreds, who had, it was alleged, refused to pay his taxes. Such +wars are of frequent occurrence in the Transvaal, the reasons +assigned being usually some failure to pay taxes or to submit to the +discipline of the native Commissioners. In this case British subjects +were commandeered--that is, requisitioned to fight or to find in +money or in kind some contribution to the carrying on of the war. It +was felt that the position of the Republic did not warrant at that +time a resort to commandeering, a measure which no doubt was +necessary in the early days when the Republic had no cash; but with a +declared surplus of about Ł1,000,000 in the Treasury, it was deemed +to be an uncivilized and wholly unnecessary measure, and one capable +of the grossest abuse, to permit men of inferior intelligence and +training, and of no education, such as the Field-cornets are, to +use their discretion in levying contributions upon individuals. The +Uitlanders were especially sensible of the injustice done to them. +They had been definitely refused all voice in the affairs of the +State, and they already contributed nine-tenths of the revenue. They +received in return an infinitesimal portion in the shape of civil +administration and public works, and they were distinctly not in +the humour to be placed at the mercy of Boer officials, who would +undoubtedly mulct them and spare the burghers. Protests were made; +and five of the men commandeered in Pretoria, having point-blank +refused to comply with the orders, were placed under arrest. The High +Commissioner, Sir Henry (now Lord) Loch, was appealed to, and, acting +on instructions from the Imperial Government, immediately proceeded +to Pretoria. The excitement was intense. In Johannesburg a number of +men were prepared to make a dash on Pretoria to effect the forcible +release of the prisoners, and had any steps been taken to enforce the +commandeering law within the Witwatersrand district, without doubt a +collision would have taken place. The supply of arms in the town was, +it is true, wholly inadequate for any resistance to the Boers, but in +the excitement of the time this was not considered. + +Sir Henry Loch's visit had the effect of suspending all action; but +the opinion in Pretoria was that should the High Commissioner proceed +to Johannesburg there would be such an outburst of feeling that no +one could foresee the results. Every effort was made to prevent him +from going. Among other steps taken by the President was that of +sending over for the President of the Chamber of Mines, Mr. Lionel +Phillips, and requesting him, if he had the interests of the State +and the welfare of the community at heart, to use his influence to +dissuade the High Commissioner from visiting the town in its then +excited state. Sir Henry Loch, in deference to the opinion expressed +on all sides, agreed not to visit Johannesburg, but to receive +deputations from Johannesburg people at his hotel in Pretoria. The +High Commissioner's visit was successful. The Government agreed to +absolve British subjects from the operation of the Commando Law; but +the men who had been arrested and already sent under guard to the +front were allowed to proceed and receive their discharge at the +scene of war, and were compelled to find their own way back, +receiving no consideration or compensation for the treatment to which +they had been subjected. In this respect it is difficult to say that +Sir Henry Loch achieved all that might have been expected from him. +Possibly, to insist on more than he did would have left President +Kruger no alternative but to refuse at all risks. The Volksraad being +then in session, there may have been some diplomatic reasons for not +pressing matters too hard. + +A trivial incident occurred which once more excited bad party +feeling. The High Commissioner was met at the railway-station by the +President in his carriage. The enthusiastic crowd of British subjects +shouldered aside the escorts provided by the Government, took the +horses from the carriage, and drew it down to the hotel. In the +course of the journey an individual mounted the box-seat of the +carriage with the Union Jack fastened on a bamboo, and in the +excitement of the moment allowed the folds of England's flag to +gather round the President. His Honour rose very excitedly and struck +at the flag with his walking-stick; but in blissful ignorance of what +was going on behind him the standard-bearer continued to flip his +Honour with the flag until the hotel was reached. There it was +understood that the President would leave the carriage with the High +Commissioner, and under this misapprehension those who had drawn +the carriage down left their posts and joined the cheering crowd +the carriage with neither horses nor men to move him, and there he +was obliged to wait until a number of burghers were called up, +who drew his Honour off to his own house. The affair was wholly +unpremeditated and almost unobserved at the time, but it was +unfortunately construed by the President as a deliberate insult, +and it increased, if possible, his dislike for the Uitlander. + +The difficulty of dealing with a man of Mr. Kruger's nature and +training was further illustrated by another occurrence in these +negotiations. During a meeting between the President and the High +Commissioner in the presence of their respective staffs the former +became very excited and proceeded to speak his mind very openly to +his friends, referring freely to certain matters which it was +undesirable to mention in the presence of the British party. Mr. +Ewald Esselen, the late State Attorney, wrote in Dutch in a very +large round schoolboy hand, 'Be careful! There is an interpreter +present,' and handed the slip of paper to the President. The latter +stopped abruptly, looked at the slip of paper, first one way and then +another, and after a long pause threw it on the table saying, 'Ewald, +what does this mean? What do you _write_ things to me for? Why don't +you _speak_ so that one can understand?' + +Early in 1895 efforts were made by the Dutch officials in +Johannesburg and a number of private individuals to induce the +President to visit the place again, when it was thought that a better +reception would be accorded him than that which he had experienced on +his visit in 1890. Mr. Kruger steadily refused for some time, but was +eventually persuaded to open in person the first agricultural show +held on the Witwatersrand. Every precaution was taken to insure him a +good welcome, or, at least, to avoid any of those signs which would +indicate that Johannesburg likes President Kruger no more than he +likes Johannesburg; and even those who were most conscious of the +President's malign influence did all in their power to make the visit +a success, believing themselves to be in duty bound to make any +effort, even at the sacrifice of personal sympathies and opinions, to +turn the current of feeling and to work for a peaceful settlement of +the difficulties which unfortunately seemed to be thickening all +round. The event passed off without a hitch. It would be too much to +say that great enthusiasm prevailed; but, at least, a respectful, and +at times even cordial, greeting was accorded to the President, and +his address in the agricultural show grounds was particularly well +received. The President returned to Pretoria that night and was asked +what he thought of the affair: 'Did he not consider it an _amende_ +for what had happened five years before? And was he not convinced +from personal observation that the people of Johannesburg were loyal, +law-abiding, and respectful to the head of the Government under which +they lived?' Mr. Kruger's reply in the vernacular is unprintable; but +the polite equivalent is, 'Ugh! A pack of lick-spittles.' In spite of +a subsequent promulgation it seems clear that there is no 'forget and +forgive' in his Honour's attitude towards Johannesburg. The result of +this interview became known and naturally created a very bad +impression. + +During his second term of office Mr. Kruger lost much of his personal +popularity and influence with the Boers, and incurred bitter +opposition on account of his policy of favouring members of his own +clique, of granting concessions, and of cultivating the Hollander +faction and allowing it to dominate the State. + +Outside the Transvaal Mr. Kruger has the reputation of being free +from the taint of corruption from which so many of his colleagues +suffer. Yet within the Republic and among his own people one of the +gravest of the charges levelled against him is that by his example +and connivance he has made himself responsible for much of the +plundering that goes on. There are numbers of cases in which the +President's nearest relatives have been proved to be concerned in the +most flagrant jobs, only to be screened by his influence; such cases, +for instance, as that of the Vaal River Water Supply Concession, in +which Mr. Kruger's son-in-law 'hawked' about for the highest bid the +vote of the Executive Council on a matter which had not yet come +before it, and, moreover, sold and duly delivered the aforesaid vote. +There is the famous libel case in which Mr. Eugene Marais, the editor +of the Dutch paper _Land en Volk_, successfully sustained his +allegation that the President had defrauded the State by charging +heavy travelling expenses for a certain trip on which he was actually +the guest of the Cape Colonial Government.{12} + +The party in opposition to President Kruger, with General Joubert at +its head, might, for purposes of nomenclature, be called the +Progressive Party. It was really led by Mr. Ewald Esselen, a +highly-educated South African, born in the Cape Colony of German +parentage, educated in Edinburgh, and practising as a barrister at +the Pretoria Bar. Mr. Esselen was a medical student at the time of +the Boer War of Independence, and having then as he still has +enthusiastic Boer sympathies, volunteered for medical service during +the war. He subsequently became attached to the President's staff, +and finally, on completing his legal education, was appointed Judge +of the High Court in the Transvaal. Relinquishing his seat on the +Bench after some years of honourable service he returned to the Bar, +and became an active factor in politics. Mr. Esselen, from being the +closest personal adherent of Mr. Kruger, became for a time his most +formidable opponent and his most dreaded critic. A campaign was +organized for the presidential election and feeling ran extremely +high. To such lengths, indeed, did the Boer partisans go that for +some months the possibility of a resort to arms for the settlement of +their differences was freely discussed by both parties. The election +took place in 1893, and at the same time elections of members for the +First Volksraad were in progress. Mr. Kruger made masterly use of his +position in office and of his authority over the officials appointed +during his _régime_, and for the time being he converted the Civil +Service of the country into an election organization. Not even the +enemies of the President will deny that he is both a practised +diplomat and a determined fighter. By his energy, intrigue, personal +influence, and intense determination, he not only compelled his party +to the highest effort, but to a large extent broke the spirit of the +opposition before the real struggle began. There are two stages in +the Presidential election at which a fight can under certain +circumstances be made. There were certainly two stages in this +election. The first is at the polls; the second is in the Volksraad, +when objections have to be lodged against candidates and a +commission of investigation appointed, and the steps necessary for +the installation of the new President have to be discussed. Mr. +Kruger and his party took ample precautions. It has been stated +openly and without contradiction, and is accepted in the Transvaal as +an unquestionable fact, that at least three properly elected members +of the Volksraad were 'jockeyed' out of their seats because they were +known to have leanings towards General Joubert. A number of his +supporters among the prominent officials of the Civil Service were +disfranchised by the action of President Kruger because they had +favoured his rival. In a country where the matters of Government +have been so loosely conducted it is no doubt fairly easy to find +flaws, and the President experienced no difficulty in establishing +sufficient case against General Joubert's supporters to satisfy the +persons appointed by him to investigate matters. On various pretexts +newly-elected members were debarred from taking their seats. In one +case, a strong supporter of General Joubert, who was returned by a +majority of something like six to one, was kept out of his seat +by the mere lodging of an objection by his opponent, the former +representative of the constituency; there being a provision in the +law that objections with regard to elections shall be heard by the +Volksraad, and that, pending the return of a new member, the member +last elected for the constituency shall continue to represent it. +That the objection lodged in this case was ridiculous in the extreme +had no bearing on the immediate result. The President, with admirable +gravity, said, 'The law provides that all objections must be heard by +the Volksraad, and that pending the decision the old member (a +strenuous supporter of his Honour) shall retain his seat; and before +all things we must support the law.' In the case of Mr. Esselen, who +was elected member for Potchefstroom, the most flagrant abuses were +proved to have been committed by the polling officer, the landdrost, +dead and absent men having (according to him) rolled up freely to +vote for the Krugerite candidate. Numbers of Mr. Esselen's supporters +were disqualified on various pretexts, and the voting being conducted +openly the moral suasion and close supervision of the official +(Krugerite) party were very effective. Mr. Esselen was declared to +have lost his seat by seven votes. Scrutinies were demanded and +objections lodged, but without avail. The tactics above indicated +were pursued in every case. The old Volksraad having been filled with +Mr. Kruger's creatures, it was, of course, his interest to support +the return of old members. He was thus enabled by the law above +quoted to retain an old member in the Volksraad pending the decision +in a case of dispute. Mr. Esselen's defeat was a crushing blow to the +Joubert party, as the want of a leader in the House itself completely +demoralized the General's followers. The election for President +proceeded, and General Joubert was, without any doubt whatever, +elected by a very considerable majority. The tactics already +described were again followed, and the result was announced as: +Kruger, 7,881; Joubert, 7,009. Objections were lodged by General +Joubert, but, deprived of the services of Mr. Esselen in the First +Raad, and overawed by the fierce determination of his opponent, the +General, finding himself in for a struggle, lost heart as usual and +collapsed. + +The difference between the two men is remarkable. Mr. Kruger, to his +credit be it said, has not the remotest conception of the meaning of +fear, and would not know how to begin to give in. Mr. Joubert, 'Slim +(sly) Piet,' as he is called, possessing a considerable share of the +real Africander cunning, is yet no match for his rival in diplomacy, +and has none of his grit and courage. In later years this has been +proved a score of times, and it is, therefore, the more interesting +to recall that at the time of the annexation General Joubert refused +to compromise his principles by taking office under Shepstone, whilst +Mr. Kruger was not so staunch; and both before and during the war +General Joubert refused to accept less than what he considered to be +his rights, and steadily and frequently proclaimed his readiness to +fight whilst Mr. Kruger was diplomatizing. + +The Commission appointed by the Raad to investigate matters was +constituted chiefly of Mr. Kruger's supporters, and the result was a +foregone conclusion. They confirmed the result of the election as +declared; and Mr. Kruger, with the grim humour which upon occasions +distinguishes him, seeing an opportunity for inexpensive magnanimity +which would gratify himself and be approved by everyone--except +the recipients--appointed the most prominent supporters of his rival +in the Volksraad to be the official deputation to welcome the new +President. + +The President did not neglect those who had stood by him in his hour +of need. Mr. Kock, landdrost and polling-officer of Potchefstroom, +who had deserved well of his patron, if for nothing more than the +overthrow of Mr. Esselen, was appointed member of the Executive to +fill a position created purposely for him. The membership of the +Executive is expressly defined by the Grondwet; but his Honour is not +trammelled by such considerations. He created the position of Minute +Keeper to the Executive with a handsome salary and a right to vote, +and bestowed this upon his worthy henchman. + +The Executive Council thus constituted consisted of six members; and +here again the President contrived to kill two birds with one stone, +the expression of his gratitude being by no means unprofitable. After +so bitter a struggle and the resort to such extreme measures as he +had been obliged to use, he anticipated no little opposition even +within the inner circle, and, in any case, he as usual deemed it wise +to provide against all contingencies. Dr. Leyds' vote he knew he +could count on, the interests of the party which the State Secretary +represents being such that they are obliged to work with Mr. Kruger. +The appointment, therefore, of Mr. Kock gave his Honour one half of +the Executive, and the casting-vote which pertains to his office +turned the scale in his favour. Whatever, therefore, might be his +troubles with the Volksraad when, by process of justice, reform, or +death his adherents should be gradually removed from that Chamber, +his position was, humanly speaking, assured in the Executive Council +for the term of his office. + +The opposition to Mr. Kock's appointment was extremely strong, +culminating in the formulation of charges of theft against him by Mr. +Eugene Marais, the spirited editor of the leading Dutch paper, _Land +en Volk_. The charge alleged against Mr. Kock was that during his +term of office as landdrost at Potchefstroom he had appropriated the +telegraph-wires in order to fence his own farm. Feeling ran so high +ordinary courts was not permitted, but a Special Commissioner, one +not qualified by legal experience or official position to preside in +such a case, was selected. By a positively ludicrous exercise of +discretion in the matter of admission of evidence Mr. Kock was +cleared. Mr. Marais, nothing daunted, continued his exposures, +challenging that action should be taken against himself for libel, +and finally producing photographs taken by competent witnesses +showing the _corpus delicti in situ_. The President and Mr. Kock were +not to be drawn, however, and, secure in their newly-acquired +positions, they declined the offer of battle and rested on their +laurels. + +For some time the Opposition, now called the Progressive Party, was +completely demoralized, and it was not until the following year that +individuals again endeavoured to give cohesion to the party. Appeals +were made by them to prominent individuals and firms associated with +the mining industry for financial support in the manner in which it +is contributed in England for electioneering purposes. A determined +and well-sustained effort was made to educate Boer opinion to better +things, and to bring such influence to bear on the electorate as +would result in the return of a better class of men to the Volksraad. +Newspapers conducted with this end in view were circulated throughout +the country, and when the elections for the Volksraad took place, +specially qualified agents were sent to ascertain the feeling of the +districts, and to work up an opposition to the existing methods of +Government. In every case endeavours were made to select a popular +resident within a district of more enlightened views and higher +character than his fellows. A good many thousand pounds were +contributed and expended for this purpose. Absolutely no stipulation +was made by the contributors to this fund, except that the aim should +be for honest and decent government. The funds were placed +unreservedly in the hands of well-known and highly respected men who +were themselves burghers of the State, and the Uitlanders laid +themselves out for one more effort to effect the reforms by peaceful +means and pressure from within the State. The elections came off and +were regarded as a triumph for the Progressive Party, which it was +alleged had secured some sixteen out of twenty-six seats in the First +Volksraad, and a similar majority in the Second. Hope revived and +confidence was restored among the Uitlanders, but old residents in +the country who knew the Boer character warned the alien community +not to expect too much, as it was a question yet to be decided how +many of those who were Progressives at the time of the election would +stand by their professions when brought face to face with the +President and his party in battle array. + +The warning was too well warranted. The Volksraad so constituted was +the one which rejected with sullen incivility (to apply no harsher +term) the petition of 40,000 Uitlanders for some measure of franchise +reform. This Progressive Raad was also the one which passed the Bills +curtailing the liberty of the press, and prohibiting the holding of +public meetings and the organization of election committees, and +which distinguished itself by an attempt to wrest from the High Court +the decision of a matter still _sub judice_--the cyanide case. + +In this case the mining industry had combined to test the validity of +certain patents.{13} In spite of attempts at reasonable compromise on +behalf of the mines, and these failing, in spite of every effort +made to expedite the hearing of the case, the question continued +to hang for some years, and in the meantime efforts were being +made during two successive sessions of the Volksraad to obtain +the passage of some measure which would practically secure to the +holders of the patents a monopoly for the use of cyanide, or an +indefeasible title to the patents, whether valid in law and properly +acquired or not. These attempts to evade the issue were in themselves +a disgrace to a civilized nation. Failing the obtaining of an +absolute monopoly, an endeavour was made to pass a law that all +patents held without dispute for a certain period should be +unassailable on any grounds. There was a thin attempt at disguising +the purpose of this measure, but so thin, that not even the +originators could keep up the pretence, and the struggle was +acknowledged to be one between the supporters of an independent +court of justice and honest government on the one side, and a party +of would-be concessionaires--one might say 'pirates'--on the +other. The judges made no secret of their intention to tender their +resignations should the measure pass; the President made no secret +of his desire that it should pass. His party voted as one man in +favour of it, and the coffee meetings on the Presidential stoep were +unanimously for it. The Raad was exactly divided on the measure, +and it was eventually lost by the casting-vote of the chairman. No +absolute harm was done, but the revelation of the shameful conditions +of affairs in a Raad of which so much good was expected did as +much as anything could do to destroy all hope. It was a painful +exhibition, and the sordid details which came to light, the +unblushing attempts to levy blackmail on those who were threatened +with pillage by would-be concessionaires, the shameless conduct of +Raad members fighting as hirelings to impose a fresh burden on their +own country, sickened the overburdened community. + +The Bewaarplaatsen question also excited much discussion, but was not +a subject of such close interest to the Uitlander community as +others, for the reason that but few companies were directly +concerned. Bewaarplaatsen is a name given to areas granted for the +purpose of conservation of water, for depositing residues of crushed +ore, etc.--in fact, they are grants of the surface rights of certain +areas at a lower rate of license than that paid upon claim or mineral +areas. This variation in the licensed areas was a wholly unnecessary +complication of the gold law, the difference in cost being +inconsiderable, and the difference in title affording untold +possibilities of lawsuits. In some cases companies had taken out +originally the more expensive claim-licenses for ground the surface +only of which it was intended to use. They had been compelled, by +order of the Government, to convert these claims at a later period +into bewaarplaatsen. They were almost invariably situated on the +south side of the Witwatersrand Main Reef, for the reason that, as +the ground sloped to the south, the water was found there, the mills +would naturally be erected there, and the inclination of the ground +offered tempting facilities for the disposal of residues. After some +years of development on the Main Reef it became clear that the +banket beds, which were known to dip towards the south, became +gradually flatter at the lower levels, and, consequently, it was +clear that bodies of reef would be accessible vertically from +areas south of the reef which had formerly been regarded as quite +worthless as gold-bearing claims. The companies which owned these +bewaarplaatsen now contended that they should be allowed to convert +them into claims, as, by their enterprise, they had exploited +the upper levels and revealed the conditions which made the +bewaarplaatsen valuable. The companies had endeavoured to convert +these bewaarplaatsen into claims when they first discovered that +there was a possibility of their becoming valuable, and that at a +time when the areas themselves were of extremely little market +value to any except the holders of the surface rights. They were +unsuccessful in this through some lack of provision in the law, +and year after year the subject was fought out and postponed, the +disputed ground all the time becoming more and more valuable, and +consequently a greater prize for the concessionaire and pirate, and +a greater incentive to bribery on all hands, until it came to be +regarded by the worthy members of the Volksraad as something very +like a special dispensation of Providence, intended to provide +annuities for Volksraad members at the expense of the unfortunate +owners. After a particularly fierce struggle, the Volksraad went so +far as to decide that those companies which had been obliged to +convert their original claim-holdings into bewaarplaatsen should +be allowed to re-convert them to claims and to retain them. Even +this was only gained after the Minister of Mines had, on his own +responsibility, issued the claim licenses, and so forced the +Volksraad to face the issue of confirming or reversing his action! + +In this matter the President again fought tooth and nail against the +industry, and most strenuous efforts were made by him and his party +to obtain a reversal of the decision, but without effect. This, +however, only disposed of a small portion of the ground at stake. +With regard to those areas which had never been held as claims, the +issue lay between two parties known respectively as the companies, +who were the surface-owners, and the applicants. The applicants, +according to the polite fiction, were those who, having no claim +superior to that of any other individual member of the public, had +happened to have priority in order of application. As a matter of +fact, they were Government officials, political supporters and +relatives of the President, financed and guided by two or three of +the professional concession-hunters and hangers-on of Mr. Kruger's +Government. Notwithstanding the existence of a law specifically +prohibiting Government servants from concerning themselves in other +business and speculations, the parties to this arrangement entered +into notarial contracts determining the apportionment of the plunder, +and undertaking to use their influence in every way with the +President and his party and with members of the Volksraad to secure +the granting of the rights in dispute to themselves. With them was +associated the originator and holder of another infamous monopoly, +and it was stated by him in the Chamber of Mines, that should they +fail to obtain these rights for themselves they were prepared to +co-operate with another party and force the Government to put them up +for public auction, so that at any rate the mines should not have +them. The object of this threat was to compel the mining companies to +come to terms with him and compromise matters. + +One of the notarial contracts referred to has been made public, and +it contains the names of Mr. 'Koos' Smit, the Government Railway +Commissioner, and one of the highest officials in the State; +Landdrost Schutte, Chief Magistrate of Pretoria, and Mr. Hendrik +Schoeman, one of the most prominent commandants in the Transvaal and +a near relation of the President. Needless to say, all are members of +the Kruger family party, and were most prominent supporters of his +Honour at the time of the 1893 election. They claim that they were +definitely promised a concession for the bewaarplaatsen as a reward +for their services in this election. The precedent quoted on +behalf of the companies in support of their claim is that of the +brickmaker's license under the Gold Law. Brickmakers have privileges +under their license similar to those granted with bewaarplaatsen, but +in their case it is provided that should gold be discovered or be +believed to exist in the areas granted under their licenses, the +holder of the license shall have the right to convert his area into +Law. The companies urged that this reveals the intention of the law, +and that such a condition was omitted in connection with +bewaarplaatsen simply and solely through oversight, and because at +that time it never occurred to anyone to suppose that the +gold-bearing deposits would shelve off and be accessible at such +great distances from the outcrop as where the bewaarplaatsen are +located. The companies moreover pointed out that these areas were in +every case located in the middle of property held under mining +licenses, that they themselves owned the surface of the property and +therefore no one else could work on them, that the areas were in +themselves too small and too irregular in shape to be worked +independently of the surrounding ground, and that the granting of +them to others could not be justified by any right on the part of +applicants, and would merely be placing in their hands the means of +imposing on the owners of the surfaces and the adjacent claims an +excessive purchase price or the alternative of being blocked in the +development of their own ground. After the Second Raad had decided in +principle in favour of the surface-holders, action was taken by the +First Raad, and a change of front was effected by a measure +alteration, which hung the question up for another year. Everyone +realized that this was secured by the influence of the President in +the first place and by the pliability of Raad members in the second, +on the ground that the matter was too profitable to them personally +to be disposed of until it became absolutely compulsory.{14} + +One of the first concessions granted by the Boer Government after the +restoration of the country to them was the liquor monopoly. Under +this grant a factory established within a few miles of Pretoria has +the sole right to distil spirits. Time and very considerable +experience are in all countries necessary for the manufacture of good +liquor, and the natural conditions are not more favourable to the +industry in the Transvaal than elsewhere, consequently the product is +not regarded with great favour. The enterprise, however, is a very +prosperous one, being dependent almost entirely upon the sale of +liquor to natives. For a number of years representations were made by +the Chamber of Mines on behalf of the industry, by individuals and by +public petitions, with the object of controlling the liquor trade and +properly enforcing the laws which already existed. The following +terse summary of the evils resulting from this sale of liquor is +taken from the report of the Chamber of Mines for 1895. Unfortunately +the remarks apply equally well to-day: + +There is, indeed, no doubt that one of the greatest difficulties with +which local employers have to deal is the question of the liquor +trade. In very many cases the liquor supplied to the natives is of +the vilest quality, quickly inflaming those who take it to madness, +and causing the faction fights which sometimes have fatal results, +and always lead to the, at any rate, temporary disablement of some of +the combatants, and the damaging of property. Accidents, too, are +often attributable to the effects of drink, and altogether, as stated +in the resolutions, a large percentage of the deaths among the +natives here is directly due to drink. In its bearing on the labour +question, drink also plays an important part. The shortness in the +supply, as compared with the demand for labour, has been accentuated +by it. Where possible more natives are kept in the compounds than are +actually required for the work to be done, to make allowance for +those who are disabled by drink. + +The granting of licenses to liquor houses was carried to such an +extreme that at last the entire community rose against it, and the +expression of opinion was so strong that the Government was compelled +to make a show of deferring to it. Involved in the liquor question +was the matter of police, and arising out of this, again, was the +question of dealing with crime in general, including the gold and +amalgam stealing that was known to be carried on on a considerable +scale at the expense of the companies. + +The Attorney-General, or State Attorney, as he is called in the +Transvaal, is the responsible head of the Law Department, and until +lately was the departmental head of the police. The gentleman then +occupying the position of State Attorney was peculiarly unfit--in the +midst of that world of unfitness--for the duties which he was +supposed to perform. He was removed from office, and after +considerable negotiation Mr. Esselen was prevailed upon at a great +monetary sacrifice to accept the position of State Attorney, he +stipulating that he should have a free hand in reorganizing the +detective and police forces. During the months in which Mr. Esselen +continued in office admirable reforms were introduced, and a very +appreciable influence was exercised on the condition of affairs in +Johannesburg. It is inadvisable to state explicitly the nature of the +objections which existed against some of the officials employed under +the former _régime_; it is sufficient that they were proved to be +participators in the offences which they were specially employed to +suppress. Mr. Esselen's first step was to appoint as chief detective +an officer borrowed from the Cape Colonial Government, Mr. Andrew +Trimble, who in a very little while showed that courage and honesty +of purpose could not only effect considerable reforms, but could +provoke the undisguised and fierce hostility of a very large section +of the community. The canteen keepers were up in arms; the illicit +gold buyers left no stone unturned; the hangers-on of the Government +lost no opportunity in their campaign against Mr. Esselen and his +subordinate and their reforms. The liveliest satisfaction however was +expressed by all those whose interest it was to have matters +conducted decently and honestly, and who had no interest in crime +except so far as its suppression was concerned. Representation was +secured for the Chamber of Mines upon one of the licensing bodies, +and here, too, a very appreciable result followed. During Mr. +Esselen's term of office all went well as far as the public were +concerned, but influences were soon at work to undermine the two +reforming officials. It was represented to the President that Mr. +Trimble had once been in the British army; that he was even then a +subject of the Queen, and entitled to a pension from the Cape +Government. The canteen interest on the goldfields, playing upon the +prejudices of the Boers, represented that this was unfitting the +dignity of the Republic. The President, who was too shrewd to be +caught with such chaff, was perfectly ready to support them for the +sake of the liquor interest, which for him constitutes a very useful +electioneering and political agency throughout the country. Mr. +Esselen was sent for, and it was represented to him by the President +that the employment of a British subject in such a responsible office +as that of chief detective was repugnant to the burghers. The reply +was that it was competent for the Executive to naturalize Mr. Trimble +at once and so remove the objection, the Government having power in +special cases to dispense with the conditions of the Naturalization +Law--a power frequently exercised in the case of their Hollander +friends. The President, in reply, stated that it could not be done, +and he appealed to Mr. Esselen to select a man of another +nationality--'a Frenchman, German, or even an American'--this last +being a concession wrung from him by Mr. Esselen's soothing +suggestion that the Chief of Police should be familiar with the +language of the criminal classes. The hitch was maintained for some +months, but finally the influences on the side of the President +became too strong, and when it became clear that the many months +of laborious work and self-sacrifice which had been given in the +interests of reform were to be nullified by the appointment of a +creature who would connive at every breach of the law, Mr. Esselen +decided to stand or fall by his subordinate, the result being a +triumph for the President. + +In Mr. Esselen's place there was appointed as State Attorney Dr. +Coster, a Hollander, who however declined to have anything to do with +the organization of the police; and in Mr. Trimble's stead reappeared +the individual whom he had superseded and whose services had been +dispensed with.{15} The triumph of the back-door influences was again +complete and the blow was a very nasty one to the mining industry. + +Small wonder that at about this time the Uitlander community stopped +all agitation, and that a mood of sullen opposition and discontent +took its place. Hope was absolutely dead as abuse after abuse and +scandal after scandal were showered upon them during the Session of +1895. Some of the acts of the Volksraad cut at the foundation of all +security. In the early days of the Republic the Volksraad members had +taken it upon themselves to reverse several of the decisions of the +High Court, and in one case where the Government was being sued for +the fulfilment of a contract the Volksraad had passed a resolution +absolving the Government from certain terms of the contract. The +decision of the Court, delivered by Chief Justice Kotzé, was to the +effect that if the Volksraad should take a decision in conflict with +an existing law, that law became _ipso facto_ so far modified. In +another case (the Dom's case) a resolution was passed disabling the +aggrieved individual from taking action against the Government; in +another, where the responsibility of the Government for the +maintenance of roads had been indicated by a judgment for Ł1,000 +damages, a law was passed in defiance of the conditions of the +Grondwet, which stipulates for a period of notice and publication for +proposed enactments, absolving the Government from all damages of +this nature. + +More than once laws were passed with retroactive effect--truly one of +the grossest abuses possible for a civilized Government. But perhaps +the most startling case of all was that concerning the proclamation +of the farm Witfontein. This farm had been proclaimed a public +digging open for pegging on a certain hour of a certain day. An +unprecedented rush of peggers took place. The Government, fearing a +riot and ignoring their obvious duty in the matter of police +protection and the maintenance of order, issued an illegal notice +withdrawing the proclamation, and decided to give out the claims by +means of lottery. Numbers of prospectors pegged out claims +notwithstanding this, and the prospect of legal difficulties being +imminent the Government submitted a measure to the Volksraad, passed +also in defiance of Grondwet provisions, which was broadly to the +effect that all persons who considered that they had claims for +damages against the Government in regard to the farm Witfontein and +the proclamation thereof, had none, and that the Government was +absolved from all liability in this respect. This enactment was only +passed after several persons had signified their intention to sue the +Government. The Raad was in fact becoming familiar with the process +of tampering with the Grondwet and members appeared ready to act on +the dictates of their own sweet will without regard to consequences +or laws. + +On several occasions the President and Executive had treated with +contempt the decisions of the High Court, and had practically and +publicly reversed them. There are many instances which it is not +necessary to quote but among the best-known and most instructive ones +are the two cases known as the 'Rachmann' and 'April' cases. Rachmann +was an Indian and a British subject, well educated, far better +educated indeed than the Boer of the country. In following a strayed +horse he had trespassed on the farm of one of the members of the +First Raad. He was arrested and charged with intent to steal, tried +by the owner's brother, who was a Field-cornet (district justice), +and sentenced to receive twenty-five lashes and to pay a fine, the +same sentence being meted out to his Hottentot servant who +accompanied him. Rachmann protested and noted an appeal, stating +(which was the fact) that it was not within the power of a +Field-cornet to inflict lashes, and at the same time he offered +security to the value of Ł40 pending the appeal. His protests were +disregarded and he was flogged. Not being a native in the sense in +which the law uses the term--_i.e._, a member of the aboriginal +races--he could plead that he was not within the jurisdiction of a +Field-cornet, and there is no doubt that the punishment was inflicted +with full knowledge of its illegality. Rachmann sued Mr. George +Meyer, the Field-cornet in question, in the Circuit Court and +obtained judgment and a considerable sum in damages, the presiding +judge, Dr. Jorissen, animadverting with severity upon the conduct of +the official. Meyer shortly afterwards obtained from Government the +amount of his pecuniary loss through the affair, the President +stating that he had acted in his official capacity and that they +should protect him. + +The 'April' case was one in which an unfortunate native named April, +having worked for a number of years for a farmer on promise of +certain payment in cattle and having completed his term, applied for +payment and a permit to travel through the district. On some trivial +pretext this was refused him, his cattle were seized, and himself and +his wives and children forcibly retained in the service of the Boer. +He appealed to the nearest official, Field-cornet Prinsloo, who acted +in a particularly barbarous and unjustifiable manner, so that the +Chief Justice before whom the case was heard (when April having +enlisted the sympathy of some white people was enabled to make an +appeal) characterized Prinsloo's conduct as brutal in the extreme and +a flagrant abuse of power perpetrated with the aim of establishing +slavery. Judgment was given against Prinsloo with all costs. Within a +few days of this decision being arrived at the President addressing a +meeting of burghers publicly announced that the Government had +reimbursed Prinsloo, adding, 'Notwithstanding the judgment of the +High Court, we consider Prinsloo to have been right.' + +Actions of this kind have a distinct and very evil influence upon the +supply of native labour. No attempt is made to supply the industry +with natives, or to protect the natives whilst on their way to and +from the mines. The position became so bad that the Chamber of Mines +instituted a department with a highly-paid official at its head to +organize supply. It would inadequately describe the position to say +that the Government have rendered the Chamber of Mines no assistance. +Indeed, it appears as though the officials in the country had of set +purpose hindered in every way possible the work so necessary to +the working of the industry on profitable lines. Agencies were +established in all the neighbouring territories. Some of the tribes +declined to work in the Transvaal on account of the risks of +highway-robbery and personal violence which they ran _en route_. +In one case an effort was made by certain mine-owners to meet the +difficulty by importing a whole tribe--men, women, and children--from +Basutoland and locating them upon an adjacent farm. There is however +a law known as the Plakkerswet, or Squatters' Law, which, framed +with that peculiar cunning for which the Transvaal Government +have achieved a reputation, has the appearance of aiming at the +improvement of the native labour supply whilst in effect it does the +opposite. It provides that not more than five families may reside +upon one farm, the 'family' being an adult male with or without women +and children. Ostensibly the law purports to prevent the squatting +together of natives in large numbers and in idleness. As a matter of +fact however the law is not applied in the cases of Boer farmers. +From the President downwards the Boers own farms on which hundreds +of families are allowed to remain, paying their hut-taxes and +contributing largely to the prosperity of the land-owner. In the case +of the Uitlander however there seems to be a principle at stake, as +the mine-owners above referred to found to their cost. No sooner had +they located their tribe and provided them with all the conditions +necessary to comfort than an official came down to them, Plakkerswet +in hand, and removed all except the five allowed by law and +distributed them among his friends and relations. The experiment has +not been repeated. + +Early in 1894 the Chamber of Mines received assurances from the +Government that if they would prepare a Pass Law which would include +provisions for the protection of natives, for the regulation of +their relations with employers, and for their right to travel within +the country, the Government would give their support to the measure +and would endeavour to have it adopted by the Volksraad. The +Commissioner for Native Affairs, General Joubert, admitted his +inability to deal with so complex an affair, and gratefully accepted +the aid of the Chamber. Such a concession on the part of the +Government was regarded as highly satisfactory; the law was prepared, +everything was explained and agreed to, the support of the Government +was promised to the draft law, and it was anticipated that it would +come into force during the Session of 1894. Such was not the case. It +remained pigeon-holed throughout 1894 and 1895, and in the last days +of the latter Session the law was passed; but an important omission +occurred. The Government forgot to create the department to carry out +the law, so that by the end of 1895 the men were no nearer having a +workable law than ever. But reforms when introduced by the Transvaal +Government, are not usually without an object, although not +necessarily the declared one. An opportunity was here presented to +the President to recognize past services, and he appointed to an +office which required the highest intelligence experience character +and zeal an individual who had been implicated in two disgraceful +charges and who, having failed to clear himself had been dismissed +his office by the Boer Government not two years previously. There was +but one explanation forthcoming. The individual in question was a +political supporter of the President and brother of a member of the +Executive Council. No department has yet been created; but a chief +has been appointed at a good salary, and the Pass Law has been +proclaimed in one district of the Witwatersrand out of several; so +that a measure which was designed to effect an immense saving in +expense and convenience to the mining industry was by the appointment +of an improper man and the neglect to organize a department rendered +quite useless, and by partial promulgation it was made even +detrimental.{16} + +It has been aptly said of the Boers--and the present instance +illustrates the truth of the remark--that reform with them seems to +be impossible; because, in the first place, they do not know what to +do; in the second place, if they did, they have not got the men to do +it; and, in the third place, if they had the men, they show no +conception of a duty higher than that of utilizing every opportunity +for personal advantage.{17} To the uninitiated it may well be a +puzzle that President Kruger should encourage a system aiming so +directly at the strangling of an industry which is the mainstay of +the country; but in order to appreciate his motives it is necessary +to see things from his point of view. He and his party are not +desirous of cheapening the cost of production. He does not aim at +enabling the ever-increasing alien population to work lower-grade +mines, and so double or treble the number of immigrants, even though +it should profit the revenue of the country. A proposal was once made +to proclaim as a public field the town lands of Pretoria--that is to +say, to enable the public to prospect, and if results warranted, +to open up mines on the lands--some thousands of acres in +extent--surrounding the town. The President attended the debate in +the Second Raad and violently opposed the measure. The appeal at the +end of his address is perhaps as instructive as anything Mr. Kruger +has said. 'Stop and think what you are doing,' he exclaimed, 'before +you throw fresh fields open. Look at Johannesburg. See what a trouble +and expense it is to us. We have enough gold and enough gold-seekers +in the country already. For all you know there may be another +Witwatersrand at your very feet.' + +In January, 1891, the average wage for native labourers was Ł2 2s. +per head per month. In 1893 it had risen to Ł2 18s. 10d., in 1895 to +Ł3 3s. 6d. In other South African States wages rule from 15s. to 30s. +per month, and the failure to facilitate the introduction of natives +from outside and to protect them is largely responsible for the high +figures paid on the Rand. Unquestionably the ill-will of the Boer +Government is to blame for the consistent neglect of this growing +need of the mines. If decent protection and facilities were given, +the wage could be reduced to Ł1 15s. per month. The Government has it +in its power to give the mines labour at this price, but, as a matter +of fact, there is no desire to see the lower-grade mines working. A +reduction of Ł1 a month--that is, to Ł2 3s. 6d.--would mean an +annual saving of Ł650,000, and the main reason why nothing has been +done to obtain this reduction is that President Kruger holds that the +gold fields are already big enough and that their further extension +would be a calamity. + +Early in 1895 considerable suspicion and uneasiness were +aroused by indications of the growth of the German policy. The +commercial section of the community was disturbed by reports of +secret arrangements favouring German importers. Facilities were +given, and 'through rates' quoted from Hamburg to Johannesburg at a +reduction which appeared to be greater than any economies in sea +transport, coupled with the complete elimination of agency charges, +would warrant. The formal opening of the Delagoa Bay Railway by the +President furnished him with an opportunity to express with +significant emphasis his friendliness for all things German. At a +banquet given in honour of the German Emperor's birthday, January 27, +1895, the President, after eulogizing the old Emperor William, the +present Emperor, and the loyalty of the Germans in the Transvaal, +continued: + +The latter I experienced once again at the time of the Kaffir War. +One day three or four Germans came to me and said: 'We are indeed not +naturalized, and are still subjects of our Emperor in Germany, but we +enjoy the advantages of this country, and are ready to defend it in +accordance with its laws. If your Excellency requires our services, +we are willing to march out.' And they marched. That is the spirit +which I admire. They were under the laws, they worked under the laws, +they obeyed the laws, and they fell in war under the laws. All my +subjects are not so minded. The English, for instance, although they +behave themselves properly and are loyal to the State, always fall +back upon England when it suits their purpose. Therefore I shall ever +promote the interests of Germany, though it be but with the resources +of a child, such as my land is considered. This child is now being +trodden upon by one great Power, and the natural consequence is that +it seeks protection from another. The time has come to knit ties of +the closest friendship between Germany and the South African +Republic--ties such as are natural between father and child. + +The very considerable increase in the number of Germans, and the +positive statement that a great many men of military training were +coming out for service in the Transvaal, that officers were being +employed to work up the artillery and to design forts, all tended to +increase the feeling of intense dissatisfaction and uneasiness which +culminated in the outbreak at the close of the year. Dr. Leyds, it +was well known, went on a political mission to Lisbon and to Berlin, +and it was stated that large sums had been withdrawn from the +Treasury and charged to the secret service fund, the handling +of which was entrusted to this gentleman. Dr. Leyds' personal +popularity, never very great, was at the lowest possible ebb. He was +regarded as the incarnation of Hollanderism--the 'head and front' of +that detested influence. It was not credited to him in the Transvaal, +as it has been elsewhere, that he designed or prompted the policy +against the Uitlanders. There it is fully appreciated that there is +but one man in it, and that man President Kruger. Dr. Leyds and +others may be and are clever and willing tools. They may lend acidity +or offensiveness to a hostile despatch, they may add a twist or two +to a tortuous policy, but the policy is President Kruger's own, the +methods are his own, all but the minor details. Much as the +Hollander-German clique may profit by their alliance with Mr. Kruger, +it is not to be believed that he is deceived. He regards them as +handy instruments and ready agents. If they profit by the +association, they do so at the expense of the accursed Uitlander; but +there is no intention on Mr. Kruger's part to allow Germany or +Holland to secure a permanent hold over the Republic, any more than +he would allow England to increase hers. He has played off one +against another with consummate skill. + +Early in his official career Dr. Leyds was guilty of an indiscretion +such as few would have suspected him of. Shortly after his +appointment as Attorney-General he wrote to a friend in Holland, +giving his opinion of the Members of the Executive. His judgment was +sound; except of one man. Unfortunately for Dr. Leyds, he quarrelled +with his correspondent; and the letter was of such a nature that, +when published, it made extremely unpleasant reading. Generals +Joubert and Smit, who had been described with admirable truth and +candour, were so enraged that they demanded the instant dismissal of +the 'conceited young popinjay' who had dared to criticise his +masters. The President, however, who had been described as an +ignorant, narrow-minded, pig-headed, and irascible old Boer +whom--with the others thrown in--the writer could play with and twist +round his finger as he chose, was not disturbed by the criticism. In +reply to appeals for forgiveness on the score of youth, and in spite +of the opposition of his colleagues, President Kruger agreed to +retain Dr. Leyds in office, remarking that he was a capable young +fellow and would know better in course of time, and explaining to +him personally that he would keep him there just as long as it suited +his (the President's) convenience. The association has lasted for ten +years, so it is to be presumed that Dr. Leyds has changed his opinion +of President Kruger, and frankly realized his position. + +During the early part of 1896, when the question of the release on +bail of the reform prisoners seemed to be of some moment, a +well-known Pretoria man, friendly to the Government, called upon +President Kruger and urged the advisability of allowing the prisoners +out on bail, and with considerable lack of tact explained that it was +well known that the President's humane nature inclined him to be +lenient, but that the malign influence of others was believed to be +swaying him in this matter. The old President jumped up in a huff and +said, 'Ja, ja, ja! You always say it is somebody else! First, it was +Jorissen who did everything; then it was Nellmapius; and then it was +Leyds. Well, Jorissen is done for; Nellmapius is dead; Leyds is in +Europe--who is it now?' + +The President's opinion of himself may be commended as food for +reflection to those who think they know everything about the inner +workings of the Transvaal. + +Dr. Leyds' reputation, unfavourable as it had been, was not improved +by the Selati Railway exposure. Rightly or wrongly, in this matter, +as in the jobs of the Netherlands Railway and several others of +considerable magnitude, he has been held responsible in the public +mind for the financial loss which the Republic sustained. When he +left, ostensibly on a recruiting trip, few--very few--believed that +the illness was a physical one. It is alleged that a gentleman +on President Faure's staff, on hearing that Dr. Leyds had gone +to Berlin to consult a physician, inquired what the ailment was? +'Mal de gorge,' was the reply. 'Ah,' said the officer, 'mal de +gorge--diplomatique.' And that was the opinion in the Transvaal, +albeit differently expressed. + +It is impossible within the limits of this volume nor is it at all +necessary to review all the measures which have been passed by the +Volksraad and pressed by the Government unnecessarily burdening the +Uitlanders and unjustifiably assailing their rights; such for +instance as the Election Law, which made it a crime to form +Committees or do any of those things which are regarded everywhere as +part of the legitimate business of elections--thus leaving Mr. Kruger +the sole master of electioneering machinery, namely, the Government +officials. The Public Meetings Act was another monstrous infringement +of rights. By it a policeman has the right to disperse any gathering +of more than seven persons, if in his opinion it be desirable. +Imagine it! Liberty of Speech against the Discretion of a Transvaal +policeman! But the list would be long, and the tale monotonous. And +as long and equally monotonous would be the list of the measures +proposed or threatened, but fortunately not carried. However, the +review of the period prior to 1896, and the statement of the causes +leading to the outbreak, may fitly be brought to a close by the +recital of some of the measures under both the above headings which +grace the records of the Session of 1895. + +As is well known, the Grondwet (the written constitution of the +country) prescribes certain formalities for the introduction of new +laws. In order to evade the law, and so avoid hostile criticism of +proposed measures, in order, in fact, to prevent the public and even +the Volksraad members from knowing and studying or explaining and +digesting the intended legislation, it has become the practice of the +Government to propose and rush through the most radical and important +enactments in the form of amendments or explanations of existing +laws. Prior to 1895 the Transfer Law imposed a tax of 4 per cent. +upon the purchase-price of fixed property; and in the case of sales +for shares a valuation of the property was made by the Government +district officials, and transfer duty was paid on the amount of the +valuation. This was universally done in the case of claims, which +must of necessity in most instances be transferred several times +before they become registered in the name of the company eventually +working them. It was admitted that to pay 4 per cent. of full value +on every transfer, or to pay 4 per cent. on the nominal value of +ground on which years of work would have to be done and large sums of +money expended before shareholders could reap one pennyworth of +profit would be iniquitous. In 1895, however, the Raad thought +otherwise, and amended the law by the insertion of the words 'in cash +or shares' after the words 'purchase-price.' The result is, that +owners who have acquired claims at great cost, who have paid licenses +continuously on their claims, and who have paid full transfer duty on +each nominal change of ownership, necessary to consolidation into +workable blocks or groups, are now required to pay again in cash 4 +per cent. on the total capital allotted in respect of these claims in +the company formed to work them. Members of the Raad, in supporting +this measure, did not hesitate to argue that it was a good law, +because the burghers did not sell their farms for shares, but for +cash, and it was right to tax those people who deal in shares. + +The sense of insecurity which obtains during the Sessions of the Raad +is due scarcely less to the threats which are not fulfilled and +attempts which do not succeed, than to what is actually compassed. A +direct tax on gold has more than once been threatened; concessions +for cyanide, jam, bread, biscuits, and woollen fabrics were all +attempted. The revival of an obsolete provision by which the +Government can claim a royalty on the gold from 'mynpachts,' or +mining leases, has been promised, and it is almost as much expected +as it is dreaded. + +With a monotony which is wearying, but which does not diminish the +unfortunate Uitlanders' interest in the subject, the burden of every +measure falls on the alien. One more instance will suffice. It +illustrates the Hollander-Boer genius for fulfilling the letter and +breaking the spirit of a covenant. It was notified that Government +were about to introduce a war tax, and that this tax was to be one of +Ł20 per farm, to be levied in event of war if in the opinion of the +Government it should be necessary. Much surprise was felt that +anything so unfavourable to the Boers as a tax on farms should be +proposed. When the measure came on for discussion it was found to +contain provisions exempting the owner who personally resided on his +farm, and especially and definitely taxing those farms which are +owned by companies, associations, corporations, or partnerships. The +Boer, it is well known, takes no shares in companies, joins no +associations, and has partnership with no one. This law was shelved +in 1895, but has since been passed.{18} It is of a piece with the +rest. Having sold his farm to the Uitlander, the Boer now proceeds +to plunder him: and 'plunder' is not too strong a word when it is +realized that the tax falls, not on the really valuable farms of the +high veld, which are nearly all owned by individuals, and are all +occupied, but on the undeveloped outlying farms, the rentable value +of which would not on the average suffice to pay the tax! Indeed, one +very large land-owner stated to the Government at the time, that if +this law were passed and put in force, they might take all his +rentals good and bad in lieu of the tax, as it would pay him better! + +These were matters which more immediately concerned persons of +certain means. There is another matter, however, which very directly +concerned every individual who had any intention of remaining in the +country; that is, the matter of education. A dead set had always been +made by the Transvaal Government against any encouragement of liberal +education which would involve the use or even recognition of the +English language. Indeed, some of the legislators have been known to +express the opinion that education was not by any means desirable, as +it taught the rising generation to look with contempt on the hardy +Voortrekkers; and an interesting debate is on record, in which +members pointedly opposed the granting of facilities for the +education of their own women-kind, on the ground that presently the +women would be found reading books and newspapers instead of doing +their work, and would soon get to know more than their fathers, +husbands, and brothers, and would, as a consequence, quickly get out +of hand. It did not seem to occur to these worthy gentlemen that the +proper course would be to educate the men. But it would not be fair +to take this view as the representative one. On the point of the +English language, however, and the refusal to give any facilities for +the education of Uitlander children, the Boer legislature is +practically unanimous. The appalling consequences of allowing the +young population to grow up in absolute ignorance were realized by +the people of Johannesburg, and efforts were constantly made to +induce the Government to recognize the evil that was growing in the +State. The efforts were so entirely unsuccessful that the Uitlanders +found in this as in other cases that nothing would be done unless +they did it for themselves. A fund was opened, to which very liberal +donations were made. The services of a Director-General were secured, +and an Educational Council was elected. A comprehensive scheme of +education--in the first place for the Rand district, but intended to +be extended ultimately for the benefit of the whole of the Uitlander +population in the Transvaal--was devised, and it was calculated that +in the course of a few years a fund of close upon half a million of +money would be required, and would be raised, in order to place +educational facilities within the reach of the people. Needless to +say, this did not at all square with the policy of the Transvaal +Government, and the scheme was looked upon with the utmost disfavour. +In order to defeat it, the Superintendent-General of Education, Dr. +Mansvelt, a Hollander, who for six years had degraded his high office +to the level of a political engine, felt himself called upon to do +something--something to trail the red herring across the too hot +scent; and he intimated that more liberal measures would be +introduced during the Session of 1895, and in his report proposed +certain amendments to the existing law, which would (in appearance, +but, alas! not in fact) improve the condition of the Uitlander. The +following letter appearing in the London _Times_, on October 3, 1896, +although dealing with a period some months later than that under +review, explains the position with authority and clearness--a +position which has not been materially altered, except for the worse, +during Dr. Mansvelt's _régime_. It will be noted that the last-named +gentleman coupled with his 'liberal' provisions the suggestion that +all schools, except those of the State, should be suppressed. Such a +suggestion reveals very clearly the aim of this 'Reform' measure. + +SIR, + +I trust you will allow me a little space with a view to enable me to +correct, by the application of a little wholesome fact, the erroneous +impression which has been created in England with reference to the +education of Uitlanders in the Transvaal by recent crude and +ill-considered expressions of opinion, notably by Mr. Reginald +Statham and Mr. Chamberlain. + +Mr. ----, in a letter addressed to one of your contemporaries, +informed the British public that in view of a liberal Government +grant of Ł4 per head per annum, the Transvaal Uitlander had nothing +to complain of in respect to education. As Mr. ---- claims to be +completely informed on Transvaal politics, he can only have been +guilty of a deliberate, if not malicious _suppressio veri_ when he +omitted to say that, like most of the legislation of this country, +which has for its ostensible object the amelioration of the condition +of the Uitlander, this measure, which looks like munificence at first +sight, has been rendered practically inoperative by the conditions +which hedge it round. Take, for example, a school of 100 children. +Strike out ten as being under age, ten as having been too short a +time at school, twenty as suspected of being of Dutch parentage. Out +of the sixty that remain suppose fifty satisfy the inspector in the +Dutch language and history, and you have as your allowance for the +year Ł200--a sum which is insufficient to pay the Dutch teacher +employed to bring the children up to the required standard in that +language. It is small wonder, then, that most teachers prefer to +dispense with this Will-o'-the-wisp grant altogether, seeing that the +efforts of some to earn it have resulted in pecuniary loss. The +actual sum expended on Uitlander schools last year amounted to Ł650, +or 1s. 10d. a head out of a total expenditure for education of +Ł63,000, the expenditure per Dutch child amounting to Ł8 6s. 1d. + +Mr. Chamberlain considers the new educational law for Johannesburg as +a subject for gratulation. I should have thought that his recent +dealings with Pretoria would have suggested to him as a statesman +that felicitations upon the passing of a vague and absolutely +undefined measure might possibly be a little too premature. A +Volksraad, which only rejected the forcible closing of private +schools by a majority of two votes, is hardly likely to give the +Executive _carte blanche_ to deal with Uitlander education without +some understanding, tacit or declared, as to how this power is to be +wielded. Be that as it may, nearly two months have elapsed since the +passing of a measure which was to come into operation at once, and +nothing has been done. In the meantime, we can learn from the +inspired press and other sources that English schools which desire +aid under the new law must be prepared to give instruction in +Standard V. and upwards, and entirely in the Dutch language. So far, +the Superintendent of Education, whether acting under instructions or +on his own initiative, has been absolutely immovable on this point, +and the much-vaunted law promises to be as much a dead letter as the +1s. 10d. grant. The Johannesburg Council of Education has exerted its +influence to secure such an interpretation of the new law as would +lead to the establishment of schools where Dutch and English children +might sit side by side, and so work towards establishing a bond of +sympathy and the eventual blending of the races. The Pretoria +authorities however refuse to entertain the idea of meeting the +Uitlander in a conciliatory spirit on anything like equal terms, but +will only treat with us on the footing of master and servant. A +curious and almost inexplicable feature of the situation is the fact +that hundreds of Boers are clamouring for the better instruction of +their children in English, but which is steadfastly refused them. + +I might enlarge on what I have written, and point out the injustice +and the gross system of extortion practised by the Government in +making Johannesburg pay something like Ł7 per head for the education +of Dutch children, whilst it has to pay from Ł5 to Ł15 per annum +for the education of each child of its own, meanwhile leaving +hundreds growing up in the blackest ignorance and crime. Any comment +would, however, lay me open to the charge of bias and partisanship, +and I therefore confine myself to the simple statement of a few +facts, which I challenge anyone to controvert, leaving the reader to +draw his own conclusions. + + I am, sir, yours, etc., + JOHN ROBINSON, + _Director-General Johannesburg + Educational Council._ + +Imagine it! Ł650 used for the children of those who contributed +nine-tenths of the Ł63,000 spent on education! + +The succession of flagrant jobs, the revelation of abuses +unsuspected, the point-blank refusal to effect any reasonable reforms +had filled the Uitlanders' cup perilously full, and during the latter +half of 1895 the prospect of any change for the better, except at the +cost of fighting, was generally realized to be very poor indeed. + +Trouble came to South Africa with the end of 1895. It very nearly +came earlier. Mention has been made that the Netherlands Railway +Company practically dictates the relations of the Transvaal with the +other States in South Africa by means of its tariffs. The competition +between the Cape, Natal and Delagoa lines having become very keen, +and the Cape service by superior management and easier gradients +having secured the largest share of the carrying trade, attempts were +made to effect a different division of profits. Negotiations failed +to bring the various parties to terms, and owing to the policy of the +Netherlands Railway Company, the Cape Colony and Free State, whose +interests were common, were in spirit very hostile to the Transvaal, +and bitterly resentful of the policy whereby a foreign corporation +was aided to profit enormously to the detriment of the sister South +African States. After all that the Colonial and Free State Dutch had +done for their Transvaal brethren in days of stress and adversity, it +was felt to be base ingratitude to hinder their trade and tax their +products. + +The Cape Colony-Free State line ends at the Vaal River. Thence all +goods are carried over the Netherlands Railway Company's section to +Johannesburg, a distance of about fifty miles. In order to handicap +the southern line, an excessive rate was imposed for carriage on this +section. Even at the present time the tariff is 8-1/2d. per ton per +mile, as against a rate of about 3d. with which the other two lines +are favoured. Notwithstanding this, however, and the obstructions +placed in the way by obnoxious regulations and deliberate blocking +of the line with loaded trucks at Vereeniging, and also the blocking +of Johannesburg stations by non-delivery of goods--measures which +resulted sometimes in a delay of months in delivery, and sometimes in +the destruction or loss of the goods--the Southern line more than +held its own. The block was overcome by off-loading goods at the Vaal +River and transporting them to Johannesburg by mule and ox waggons. + +Mr. Kruger and his Hollander friends were almost beaten when the +President played his last card. He intimated his intention to close +the Vaal River drifts against over-sea goods, and, by thus preventing +the use of waggons, to force all traffic on to _his_ railways upon +_his_ terms; and as the threat did not bring the Colony and Free +State to the proper frame of mind, he closed them. This was a +flagrant breach of the London Convention, and as such it was reported +by the High Commissioner to Mr. Chamberlain, and imperial +intervention was asked. Mr. Chamberlain replied that it was a matter +most closely affecting the Colony, and he required, before dealing +with it, to have the assurance of the Colonial Government that, in +the event of war resulting, the cost of the campaign would be borne, +share and share alike, by the Imperial and Colonial Governments, and +that the latter would transport troops over their lines free of +charge. Such was the indignation in the Colony at the treatment +accorded it that the terms were at once agreed to--a truly +significant fact when it is realized that the Ministry undertaking +this responsibility had been put and was maintained in office by the +Dutch party, and included in its members the best and most pronounced +Africander representatives. But Mr. Kruger is not easily 'cornered.' +His unfailing instinct told him that business was meant when he +received Mr. Chamberlain's ultimatum to open the drifts. The +President 'climbed down' and opened them! He has several advantages +which other leaders of men have not, and among them is that of having +little or no pride. He will bluster and bluff and bully when +occasion seems to warrant it; but when his judgment warns him that +he has gone as far as he prudently can, he will alter his tactics as +promptly and dispassionately as one changes one's coat to suit the +varying conditions of the weather. Mr. Kruger climbed down! It did +not worry him, nor did he take shame that he had failed. He climbed +down, as he had done before in the Stellaland affair, the Banjailand +trek, the commandeering incident, and as he no doubt will do in +others; for he may bluff hard, but it will take a great deal to make +him fight. There is one matter upon which Mr. Kruger's judgment is +perfect: he can judge the 'breaking strain' to a nicety. He climbs +down, but he is not beaten; for as surely as the dammed stream will +seek its outlet, so surely will the old Dutchman pursue his settled +aim. + +War is war, and always bad; but sometimes worse; for the cause is +still a mighty factor, as those may see who contrast the probable +effects upon the people of South Africa of war on the drifts question +with the actual results of the Jameson raid. + + +Footnotes for Chapter II + +{04} Among the first notes which poor Colley--brave, wise, generous, +and unlucky--wrote after taking office, was one containing these +words: 'Whether I ... shall find that South Africa is to me, as it is +said to be in general, "the grave of all good reputations," remains +to be seen.' + +{05} See Appendix A for the full text of the Pretoria Convention. + +{06} In February, 1898, he was elected for the fourth time. + +{07} For full text of London Convention, see Appendix B. (July, +1899). A very extensive correspondence has passed on the subject of +the suzerainty. The Transvaal Government now construe the omission of +the Preamble to the 1881 Convention as the result of an agreement to +abolish the suzerainty. Mr. Chamberlain points out that the London +Convention contains specific and not implied amendments of the +Pretoria Convention; that the direct request for abolition of the +suzerainty was refused by Lord Derby; that the preamble as the +fundamental declaration must be deemed to be in force; and that if +not, the same reason which is adduced against the continued existence +of the suzerainty would hold good against the independence of the +Transvaal, for in the preamble of the 1881 Convention alone is any +mention made of either the grant or the reservation. + +{08} Written August, 1896. + +{09} To those who are not familiar with the conditions of the +country, it will seem incredible that the legislative body could be +'fooled' on such a subject. The extracts from the newspaper reports +of the Raad's proceedings, printed in Appendix D of this volume, will +help them to understand and believe. + +{10} The above has been brought up to date for publication, +July, 1899. + +{11} Except on the goldfields, where the appointments are made +by Government. + +{12} For Volksraad records on this subject see Appendix C. + +{13} The decision of the High Court was given in November, 1896, in +favour of the combined companies on all points, and the patents were +thus declared to be invalid! + +{14} During the session of '96 the Volksraad decided to put the +bewaarplaatsen up for public auction, the proceeds of the sale to be +divided equally between the Government and the original owners of the +farms on which the bewaarplaatsen had been granted. The _alleged_ +reason for this decision is that the areas in question are immensely +valuable, and the State and the owners should profit by them, whilst +the companies should be afforded an opportunity of acquiring them at +a fair price. The _real_ reason is that the companies had refused +to be blackmailed further; and the 'defence' funds not being +forthcoming, the gentlemen of the back-stairs had introduced the +ingenious arrangement safeguarding the original owners' rights, +having previously 'arranged' with the same owners. The excuse that +the areas are too valuable to be given away to the companies is as +illogical and ridiculous as the excuse that the Uitlanders are too +numerous to justify the granting of the franchise now. When the +questions were first raised there were neither great values nor large +numbers in existence. They were questions of principle and justice; +and the fact that 'values' and 'numbers' have grown during the years +of struggle in no way justifies the course taken, but rather shows +very clearly the magnitude of the injustice done during the years of +unjustifiable denial. + +This decision shows with admirable clearness how the Uitlander fares +at the hands of the Government. There were, in the last stage of the +affair, four parties concerned: the Government, who are by law +expressly debarred from selling claims (except in case of overdue +licenses), and are obliged to allot them for the consideration of +specified license fees only; the owners of the farms, who are +similarly debarred and are compensated in other ways for the throwing +open of their farms; the 'applicants,' who have been described +elsewhere; and the surface-owners, the mining companies, who were in +possession. Only one of these parties had the slenderest claim to +compensation--namely, the companies, who must inevitably be disturbed +in the possession of the surface by allowing others to work on or +under it. But they get nothing; whilst the Government and the 'owner' +(both of whom had years before derived the fullest profit allowed by +law from these areas in the form of licenses), and the 'applicants' +(who have allied themselves with the 'owners'), divide as +compensation the proceeds of the auction! + +{15} (July, 1899.) This individual has been again removed--this +time by the present State Attorney, Mr. Smuts. + +{16} (July, 1899.) Provision was made for the costs of this +department by doubling the pass fee. In the early days of +Johannesburg as soon as it became evident that hospital accommodation +was necessary, application was made to the Government for a site +(which was granted on the hill then outside the town), and for some +monetary assistance. A fund was also publicly subscribed and the +hospital built. For the maintenance of the hospital two plans were +adopted: one, the collection of funds once a year, _i.e._, Hospital +Saturday, a source which has yielded steadily between Ł2,000 and +Ł3,000; two, having in view the immense number of native cases which +required treatment and the extent to which a native is responsible +for unsanitary conditions, it was proposed to impose upon them a fee +of 1s. per month for their passes, the proceeds of this to be devoted +entirely to the hospital. For several years this continued to yield +sufficient for the purpose. The Transvaal Government, although +accepting the plan proposed by the Uitlanders and for a considerable +time carrying it out faithfully, did not establish the right +permanently but adopted the formality of voting the proceeds of the +pass-fee year by year. There came a year when the Raad in its wisdom +decided that this source of revenue was too precarious for so worthy +an object as the hospital, and they decided to vote instead an annual +subsidy of Ł30,000. It was then known that the fees of the past year +had amounted to over Ł40,000 and there was every prospect of steady +annual increase. This explains why a seemingly generous subsidy by +the Government does not meet with that hearty recognition to which it +is apparently entitled. When a Pass Department was proposed, the +Government inquired how it was suggested to maintain it. The Chamber +of Mines proposed to raise the pass fee from 1s. to 2s. per month, +the extra shilling to be devoted entirely to the administration of +the Pass Law. With the experience of the hospital shilling in mind +particular care was taken to have the agreement minuted and confirmed +in writing. Nevertheless, it transpired in the evidence given at the +Industrial Commission that the department was being run at a cost of +slightly over Ł12,000 a year, whilst the proceeds of the shilling +reached the respectable total of Ł150,000 a year. The Government, +therefore, by a breach of agreement, make Ł138,000 a year out of the +pass fund, and Ł120,000 a year out of the hospital fund; and the +mining industry suffers in the meantime through maladministration in +the department, and are doubly taxed in the sense that the companies +have been obliged to establish and maintain at their own cost other +hospitals all along the reef. It is not suggested that the companies +should not provide hospitals, the point is that having established a +fund, which although nominally paid by the natives really has to be +made up to them in wages, they were entitled to the benefit of that +fund. + +{17} The story is told of two up-country Boers who applied to the + +President for appointments, and received the reply, 'What _can_ I +do for you? All the important offices are filled, and you are not +educated enough to be clerks!' + +{18} (July, 1899.) The law has been declared by the law officers +of the Crown to be a breach of the London Convention. + + + + +CHAPTER III. + +THE ORIGIN OF THE MOVEMENT. + + +Having failed in their constitutional attempts to secure a reasonable +voice in the government, or any redress of their grievances, there +came the time when men's thoughts naturally turned to the last +expedient--force. Up to and so late as the Volksraad Session of 1895 +a constitutional agitation for rights had been carried on by the +Transvaal National Union, a body representing the unenfranchised +portion of the population. Of its members but few belonged to the +class of wealthy mine and land owners: they had so far abstained from +taking any part in a political organization which was viewed with +dislike and suspicion by the Government and the great majority of the +Boers. It has been asserted by a few Progressive members of the Raad +that many of the Boers were themselves opposed to the policy adopted +towards the newcomers; but, whilst this may be to some extent true, +it is more than questionable whether any of the burghers were willing +to concede a share in the power of government, although it is certain +that great numbers would not have taken active steps against the +Uitlanders but for the invasion by a foreign force. Any extending of +the franchise means to the great majority of the Boers a +proportionate loss of independence. + +When the matter of the Independence of the Republic is discussed it +must not be forgotten that independence conveys something to the +Boers which is radically different from what it means to anyone else. +That the State should continue for ever to be independent and +prosperous--a true republic--would be mockery heaped on injury if the +absolute domination by the Boer party should cease; and when the +parrot-like cry of 'The Independence of the State is threatened' is +raised again and again _ŕ propos_ of the most trivial measures and +incidents, this idea is the one that prompts it. Instances +innumerable could be quoted seemingly illustrating the Boer +legislators' inability to distinguish between simple measures of +reform and justice, and measures aimed at undermining the State's +stability and independence. It is not stupidity! It is that the Boer +realizes at least one of the inevitable consequences of reform--that +the ignorant and incapable must go under. Reform is the death-knell +of his oligarchy, and therefore a danger to the independence of the +State--as he sees it. Until the European people who have lately +become so deeply concerned in Transvaal affairs realize how widely +divergent are the two interpretations of 'Independence,' they will +not have begun to understand the Transvaal Question. + +The National Union did not represent any particular class in the +Uitlander community. It was formed of men drawn from all classes who +felt that the conditions of life were becoming intolerable, and that +something would have to be done by the community to bring about +reforms which the legislature showed no signs of voluntarily +introducing. + +When it is said that it consisted of men drawn from all classes, the +qualification should be made that the richer classes, that is to say, +the capitalists of the country, were very meagrely if at all +represented. Many efforts had been made to enlist the sympathies of +the capitalists, and to draw them into the movement, but the 'big +firms,' as they were styled, for a very long time refused to take any +part whatever, preferring to abstain entirely rather than associate +themselves with a definite agitation. They pleaded, and no doubt +fairly, that in case of failure they with their vested interests +would be the ones to suffer, while in the event of success they would +not benefit in a greater degree than the individuals who had little +or no material stake. One by one however they were drawn into the +political movement to the extent of supplying funds for carrying on +the reform agitation, or of giving monetary support to those who were +stimulating and organizing the Progressive party among the Boers. +There can be no doubt that prior to 1895 the wealthier men without +exception refused to consider the possibility of violent measures. +It was only when they realized that the Boer party were determinedly +hostile--organizing very large encroachments upon the privileges of +the Uitlanders and designing fresh burdens to be borne by them--and +when it became clear that the dangers threatening as a result of +their own supine attitude were worse than any disfavour with which +they might be viewed on account of political action, that they began +to take an active part with others in the agitation for reform. It +was not until the Volksraad in the Session of 1895 revealed their +real policy and their fixed determination to effect no reform that +men began to talk of the possibility of revolutionary measures +becoming necessary. The subject once mooted was frequently discussed, +and once discussed became familiar; and the thing which a few months +before had been regarded as out of the bounds of possibility came to +be looked upon as a very probable contingency. The extraordinary boom +in shares, land, and all kinds of property, which lasted throughout +the year, no doubt operated against the maturing of this feeling, but +it nevertheless continued to grow. The most dissatisfied section of +the Rand was, naturally enough, that one which included the South +African Uitlander. These men, born in South Africa, or having spent +the best years of their lives there, felt extremely bitter against +the Boer Government, and were moved by feelings which were not in any +way connected with considerations of material gain. With them were +closely associated men of all nationalities who had determined to +make their homes in the Transvaal, and these formed the class which +has been disparagingly referred to as 'the political element,' but +which the experience of every country shows to be the backbone of a +nation. They were in fact the men who meant to have a hand in the +future of South Africa. After them came the much larger class whose +interest in the reforms was based mainly upon the fact that they +suffered from the abuses and over-taxation of the Government. + +For several years a very strong feeling against the capitalists had +ruled in Johannesburg. Men who thoroughly knew the Boer had +prophesied and continued throughout to prophesy that absolutely +nothing would be done to improve the conditions, and that the +capitalists might as well throw in their lot with the general public +early in the day as be forced to do so later, after spending their +thousands in fruitless efforts for reform, and after committing +themselves to a policy which would be regarded as selfish, +pusillanimous, and foolish. The moneyed men no doubt occupied a very +prominent and powerful position. They were constantly besought by +the Reform leaders to side with them; they were looked to by the +Progressive Party in the Boer camp to aid reform by peaceful measures +only, to exercise all their influence towards preventing rash or +violent measures being taken by the more excited party, and to trust +to time and patience to achieve those results which they were all +honestly desirous of bringing about; and they were approached, as has +been stated, by the President and his party when moments of danger +arrived, and when it was felt that their influence could be used +towards the preservation of peace,--as witness the Loch incident. + +'It is no crime to be a capitalist,' said one commentator on the late +events, and neither is it necessary to attribute to this section of +the community motives of patriotism to justify their association with +the Reform movement. It is not intended to suggest that the men who +did associate themselves eventually with it were not moved by any +higher consideration than that of protecting their interests--in many +cases a far larger view than this was taken; but it may be +asked,--assuming that the capitalists were not moved by higher +considerations,--What is there in their position which should debar +them from endeavouring to introduce the reforms which would benefit +them only equally with every other honest man in the community? + +Most of the wealthy houses in the Transvaal are either offshoots of +or have supporting connections with firms in England or on the +Continent. Between them and their principals much correspondence had +taken place on the political situation. As far as these houses were +concerned, it was impossible for them to enter upon any movement +without the consent of their European associates. For this reason the +Reform movement, as it eventually took place, has in some ways +the appearance of and has very frequently been stigmatized as an +organization planned and promoted outside the Transvaal. The fact is +that Mr. Alfred Beit, of the firm of Wernher, Beit and Co., London, +and Mr. Cecil Rhodes, managing director of the Consolidated +Goldfields, may be regarded as the chiefs to whom the ultimate +decision as to whether it was necessary from the capitalistic point +of view to resort to extreme measures was necessarily left. Each of +these gentlemen controls in person and through his business +associates many millions of money invested in the Transvaal; each of +them was, of course, a heavy sufferer under the existing conditions +affecting the mining industry, and each, as a business man, must +have been desirous of reform in the administration. Mr. Beit acted +in concert with Mr. Lionel Phillips, of H. Eckstein and Co., the +Johannesburg representatives of Wernher, Beit and Co. Mr. Rhodes was +represented by his brother, Colonel Francis Rhodes, and Mr. J.H. +Hammond, of the Consolidated Goldfields Company in Johannesburg. Mr. +George Farrar, another very large mine-owner, who joined a little +later than the others, with the gentlemen above named, may be +considered to have represented the capitalist element in the earlier +stages of the Reform movement. The other elements were represented by +Mr. Charles Leonard, the chairman of the National Union, and one or +two other prominent members of that body. + +It is impossible to say with whom the idea of the movement, including +the arrangement with Dr. Jameson, originated. Perhaps it germinated +when Dr. Jameson read the life of Clive! Probably it was the result +of discussion, and no one man's idea. At any rate arms and ammunition +were purchased, and arrangements were made by which they should be +smuggled into the country concealed in machinery or gold-mining +appliances. During the month of November Messrs. Leonard and Phillips +went to Capetown to see Mr. Rhodes, in order to assure themselves +finally as to the course which was to be pursued. The position of Mr. +Rhodes in the matter was recognised by them to be a difficult one. +Whilst as the managing director of the Consolidated Goldfields he +had as much right as any other man interested in the Transvaal +would have to concern himself in a movement of this nature, his right +to act in his capacity of managing director of the Chartered Company +would depend entirely on the nature of the part which he professed +to play; but his position as Prime Minister of the Colony made the +already difficult position much more complicated. Realizing this, +Messrs. Leonard and Phillips acting on behalf of the others +determined to have a perfectly clear understanding and to ascertain +from Mr. Rhodes definitely what were his objects in associating +himself with the movement. The matter was discussed at Mr. Rhodes' +house, and the report given by the two deputies to their colleagues +on their return was that Mr. Rhodes frankly admitted that he had two +objects in view: one was to obtain an amelioration of the conditions +such as he was entitled to claim as representing an enormous amount +of capital invested in the Transvaal; the other object is best +described by Mr. Leonard. 'We read to him,' said that gentleman when +reporting to his comrades the result of his visit, 'the draft of our +declaration of rights. He was leaning against the mantelpiece smoking +a cigarette, and when it came to that part of the document in which +we refer to Free Trade in South African products he turned round +suddenly, and said: "That is what I want. That is all I ask of you. +The rest will come in time. We must have a beginning, and that will +be the beginning. If you people get your rights, the Customs Union, +Railway Convention, and other things will all come in time." He then +added that we must take our own time about this movement, and that he +would keep Jameson on the frontier as long as it was necessary as a +moral support, and also to come to our assistance should we get +ourselves into a tight place. We asked him how he hoped to recoup +himself for his share of the expense in keeping Jameson's force on +the border, which should be borne by us jointly. He said that seeing +the extent of his interests in the country, he would be amply repaid +by the improvement in the conditions which it was intended to +effect.' + +It has since been suggested that the object of the movement was to +'steal the country' and to annex it to Rhodesia, in order to +rehabilitate the Chartered Company. The suggestion is too ludicrous +for serious discussion. It must be obvious to anyone that the +persons most concerned in the movement, and whose interests lay in +the Rand, would be the very last to consent to any such scheme. There +appears to be no conceivable basis upon which such an arrangement +could have been entered into, and it is quite clear that no sensible +business man having interests in a rich country in a comparatively +advanced state of development would consent to share that certainty +with a new country such as Rhodesia, the value of which, however +promising, has still to be proved. Notwithstanding the ludicrous +nature of the charge, it is quite certain that the Boers have a +deep-rooted conviction of its truth. + +The arrangements with Dr. Jameson were made with him in person. +During the month of September he visited Johannesburg, and it was +then agreed that he should maintain a force of some 1,500 mounted men +fully equipped, a number of Maxims, and some field artillery; that he +was, in addition to this, to have with him 1,500 spare rifles and a +quantity of spare ammunition; and that about 5,000 rifles, three +Maxim guns, and 1,000,000 rounds of ammunition were to be smuggled +into Johannesburg. It was calculated that in the town itself there +would be, perhaps, 1,000 rifles privately owned. Thus, in the event +of a junction of forces being effected, Johannesburg would be able to +command about 9,000 armed men, with a fair equipment of machine-guns +and cannon. Nor was this all, for on the original plan it was +intended to seize the fort and magazines at Pretoria. And +circumstances favoured the plans of the Johannesburg men. The +surrounding wall of the fort, a mere barrack, had been removed on one +side in order to effect some additions; there were only about 100 men +stationed there, and all except half a dozen could be counted on as +being asleep after 9 p.m. There never was a simpler sensational task +in the world than that of seizing the Pretoria fort--fifty men could +have done it. But there was more to be done than the mere taking. In +the fort there were known to be some 10,000 rifles, ten or twelve +field-pieces, and 12,000,000 rounds of small-arm ammunition; and it +was designed to seize the fort and the railway on the night of the +outbreak and, by means of one or two trains, to carry off as much of +the material as possible and destroy the rest. + +Association with Dr. Jameson as the leader of an invading force is +the one portion of their programme which the Reform leaders find it +extremely difficult to justify. As long as the movement was confined +to the Uitlanders resident in the Transvaal the sympathy of South +Africa and indeed of the world was with them. It was the alliance +with the foreign invader which forfeited that sympathy. That the +eventual intention of the Reformers was only to call upon Dr. Jameson +in case they found themselves attacked by and unable to cope with the +Boers is a fact, but it is only fair to Dr. Jameson to note that this +was a modification of the original arrangement by which both forces +were to act simultaneously and in concert,--when the signal should be +given from Johannesburg. + +On the occasion of Dr. Jameson's second visit to Johannesburg, +towards the end of November, the following letter of invitation was +written and handed to him: + +_To Dr. Jameson._ + + JOHANNESBURG.{19} + +DEAR SIR, + +The position of matters in this State has become so critical that we +are assured that at no distant period there will be a conflict +between the Government and the Uitlander population. It is scarcely +necessary for us to recapitulate what is now matter of history; +suffice it to say that the position of thousands of Englishmen and +others is rapidly becoming intolerable. Not satisfied with making the +Uitlander population pay virtually the whole of the revenue of the +country while denying them representation, the policy of the +Government has been steadily to encroach upon the liberty of the +subject, and to undermine the security for property to such an extent +as to cause a very deep-seated sense of discontent and danger. A +foreign corporation of Hollanders is to a considerable extent +controlling our destinies, and in conjunction with the Boer leaders +endeavouring to cast them in a mould which is wholly foreign to the +genius of the people. Every public act betrays the most positive +hostility, not only to everything English, but to the neighbouring +States. + +Well in short the internal policy of the Government is such as to +have roused into antagonism to it, not only practically the whole +body of Uitlanders but a large number of the Boers; while its +external policy has exasperated the neighbouring States, causing the +possibility of great danger to the peace and independence of this +Republic. Public feeling is in a condition of smouldering discontent. +All the petitions of the people have been refused with a greater or +less degree of contempt; and in the debate on the Franchise petition, +signed by nearly 40,000 people, one member challenged the +Uitlanders to fight for the rights they asked for, and not a single +member spoke against him. Not to go into details, we may say that the +Government has called into existence all the elements necessary for +armed conflict. The one desire of the people here is for fair play, +the maintenance of their independence, and the preservation of +those public liberties without which life is not worth living. The +Government denies these things, and violates the national sense of +Englishmen at every turn. + +What we have to consider is, What will be the condition of things +here in the event of a conflict? Thousands of unarmed men, women and +children of our race will be at the mercy of well-armed Boers, while +property of enormous value will be in the greatest peril. We cannot +contemplate the future without the gravest apprehensions. All feel +that we are justified in taking any steps to prevent the shedding of +blood, and to insure the protection of our rights. + +It is under these circumstances that we feel constrained to call upon +you to come to our aid,{20} should a disturbance arise here. The +circumstances are so extreme that we cannot but believe that you and +the men under you will not fail to come to the rescue of people who +will be so situated. We guarantee any expense that may reasonably be +incurred by you in helping us, and ask you to believe that nothing +but the sternest necessity has prompted this appeal. + + CHARLES LEONARD. + LIONEL PHILLIPS. + FRANCIS RHODES. + JOHN HAYS HAMMOND. + GEORGE FARRAR. + +The letter was drafted by Mr. Charles Leonard, and was signed then by +four out of the five signatories, the fifth signature being added +some weeks later in Cape Town. It was not dated, and was to be used +only privately and in case of necessity for the purpose of excusing +Dr. Jameson to the directors of the Chartered Company and the +Imperial authorities in the course which it was intended to take. + +Various plans were discussed, and even dates were provisionally +arranged. The first arrangement agreed to was that Dr. Jameson should +start two days before the intended outbreak in Johannesburg. This +was agreed to for the time being, but subsequent discussion convinced +the leaders that there were the gravest objections to such a course, +and it was therefore decided that Dr. Jameson should be notified +to start from his camp on the same night as the outbreak in +Johannesburg. The dates of December 28 and January 4 were in turn +provisionally decided upon, but the primary condition of these +arrangements was that under no circumstances should Dr. Jameson move +without receiving the word from the Johannesburg party. + +With reference to the question of going out to meet Dr. Jameson or +giving him assistance, the only thing that was discussed was that an +officers' patrol should be sent out to meet him, to escort him to his +camp. There was no doubt entertained as to the ability of Dr. Jameson +and the force which it was believed he would command to come in +without assistance or the arrangement would never have been made. The +idea of the association with him was, of course, that he should +assist the Reformers--not they assist him; and the proposal regarding +the officers' patrol was one to which he only consented after +scouting the notion of any co-operation. + +During the weeks which followed the conclusion of the arrangement +considerable dissatisfaction was felt at the very slow progress made +in obtaining arms. The number originally agreed to was deemed to be +sufficient but no more; and when it was first found that it would not +be possible to obtain this number but that a few hundreds less would +have to be accepted, doubts were freely expressed as to the wisdom of +proceeding until a sufficient supply had been obtained. When on two +subsequent occasions it was again notified that still a few hundred +less would have to be accepted, some members of the Reform Party were +very emphatic in their objections to proceeding any further until +they should be satisfied that the undertakings upon the strength of +which they had entered upon the arrangement would be faithfully +adhered to. On the occasion of Dr. Jameson's last visit it had been +extracted from him that instead of 1,500 men he would probably start +with from 800 to 1,000. These discrepancies and alterations caused +the liveliest dissatisfaction in the minds of those who realized +that they were entering upon a very serious undertaking; but although +the equipment seemed poor, reliance was always placed on the taking +of Pretoria Fort. That at any rate was a certainty, and it would +settle the whole thing without a blow; for Johannesburg would have +everything, and the Boers would have rifles, but neither ammunition +nor field-guns. Without doubt the Pretoria arsenal was the key of the +position, and it is admitted by Boer and alien alike that it lay +there unguarded, ready to be picked up, and that nothing in the world +could have saved it--except what did! + +On or about December 19, Messrs. Woolls-Sampson and A. Bailey, two +Johannesburg men concerned in the movement, who had been in +communication with Mr. Rhodes and others in Cape Town, arrived in +Johannesburg, and indicated clearly that the question as to which +flag was to be raised was either deemed to be a relatively +unimportant one or one concerning which some of the parties had not +clearly and honestly expressed their intentions. In simple truth, it +appeared to be the case that Dr. Jameson either thought that the +Johannesburg reformers were quite indifferent on the subject of the +flag, or assumed that the provisions for the maintenance of the +Transvaal flag were merely talk, and that the Union Jack would be +hoisted at once. Nothing was further from the truth. The Reform Party +in Johannesburg included men to whom the Union Jack is as dear as +their own heart's blood, but it also included many others to whom +that flag does not appeal--men of other nationalities and other +associations and other sympathies. It included--perhaps the strongest +element of all--those men whose sympathies were naturally and most +strongly all for British rule, which they believed to be the best in +the world, but whose judgment showed them that to proclaim that rule +would be to defeat the very objects they honestly had in view, and +who would have regarded the change of flag at the last moment as an +unprincipled deception of those comrades who had been induced to +co-operate for reform and not for annexation. It had been repeatedly +and emphatically stated that the object was not to deprive the Boer +of his independence or the State of its autonomy, but to alter the +system of government in such a way as, first to obtain betterment of +the economic conditions which affect everyone, and afterwards to +induce a policy more in accordance with the general South African +sentiment--in fact to get the Transvaal into line with the other +South African States, in the same way for instance as the Free State +had shown itself disposed to go. It is but poor work explaining +failure, yet it must surely be permissible that something should +be said for those who alone have had no hearing yet. And it is in +the minds of the Reformers that the professions of their 'real +intentions' regarding the flag made by Dr. Jameson and Mr. Rhodes +might appropriately have been made before the raid, instead of +afterwards when all was over. The regard for definite pledges, which +in the Reformers was described as merely an excuse for backing out, +would, if it had been observed by all, have made a sickening fiasco +impossible. + +No sooner had a doubt been raised on the subject of the flag than a +trusted emissary was despatched to inquire from Mr. Rhodes the +meaning of this tampering with one of the fundamental conditions of +the agreement. The messenger returned on Christmas morning, and at a +largely-attended meeting of the ringleaders stated that he had seen +Mr. Rhodes, and had received from him the assurance that it was all +right about the flag: no question or doubt had been raised on the +subject. In returning to Capetown however in company with Dr. +Rutherfoord Harris, he learned from that gentleman that it was by no +means all right, and gathered that it was assumed that the provision +about maintaining the Transvaal flag was so much talk necessary to +secure the adhesion of some doubtful people. The announcement was +received with the gravest dissatisfaction. Several of the leading men +stated emphatically that nothing would induce them to take part in +the movement unless the original arrangement was loyally adhered to. +In consequence of this it was resolved to despatch Messrs. Charles +Leonard and F.H. Hamilton to see Mr. Rhodes and to obtain from him a +definite guarantee that in the event of their availing themselves of +Dr. Jameson's help under any conditions the latter would abide by the +arrangements agreed upon. + +It was then thought that a week would be sufficient time in which to +clear up the flag question and complete preparations. It was +decided to call a big public meeting for the night of Monday, January +6, not with the intention of holding the meeting, but as a blind to +cover the simultaneous rising in Johannesburg and seizing of the +arsenal in Pretoria on the night of Saturday, January 4. With this in +mind it was arranged to publish, in the form of a manifesto,{21} the +address which Mr. Charles Leonard had prepared for the meeting. + +Among the Reformers there had always been a considerable section who +regarded the alliance or arrangement with Dr. Jameson as a very +doubtful advantage. It was this section which strongly and +successfully opposed the suggestion that he should start before an +actual outbreak. The difference of opinion was not such as to cause +division in the ranks, but yet sufficient to keep alive discussion as +to how the common aim could be achieved without risk of the +complications which external aid in the initial stages would be sure +to cause. To this feeling of doubt was added a sense of distrust when +Dr. Jameson's importunity and impatience became known; and when the +question of the flag was raised there were few, if any, among those +concerned in the movement who did not feel that the tail was trying +to wag the dog. The feeling was so strong that many were prepared to +abandon the whole scheme and start _de novo_ rather than continue an +undertaking in which it looked as though they were being fooled. +Hence the despatch of Messrs. Leonard and Hamilton on Christmas Day. + +Confidence in their power to control Dr. Jameson and direct the +movement, as they considered they had the right and ability to do, +had been so shaken in the reformers that as soon as Messrs. Leonard +and Hamilton had been sent they began to discuss a complete change of +plans, and awaited only the reply from Capetown before taking the +first steps in the prosecution of the new programme. The plan most +favoured was that the importation and distribution of arms should be +continued as speedily and as secretly as possible, that, instead of +an invading force, as many armed and trained men as could be obtained +should be brought in, nominally as mechanics or men seeking +employment on the mines, that the public meeting called for +January 6 should be held and made as large and demonstrative as +possible, and a demand made to the Volksraad to grant the redress of +the grievances complained of, and, failing reasonable concessions, +that they should rise in arms and at the same time appeal to England, +as the paramount Power, or to the other South African Governments, +to mediate and so avert civil war. It was believed, and with much +reason, that the Boers, knowing, as they then inevitably would, that +a considerable quantity of arms and ammunition had been smuggled in, +and knowing also that the sentiment of South Africa, including the +Free State, was all in favour of considerable concessions to the +Uitlanders, would have hesitated to take the initiative against +Johannesburg, and would either have yielded to the pressure of the +general South African opinion and have accepted the mediation of the +High Commissioner, or would have offered considerable reforms. The +Kruger party, it was well known, would proceed to any extreme rather +than concede anything to the Uitlanders; but at that time the +majority of the Boers were opposed to the Kruger policy of favouring +the Hollanders and Germans to the exclusion of all other Uitlanders, +and this majority would not have consented to measures calculated to +embroil them with the people who had made their country prosperous, +and even to imperil the very existence of the State, whilst an +alternative course so easy as the one presented lay open to them. + +On the day following the despatch of Messrs. Leonard and Hamilton to +Capetown it was decided to send messengers to Dr. Jameson to +emphatically prohibit any movement on his part, also to explain to +him the position of affairs in Johannesburg with reference to the +flag, and above all to impress upon him the condition of +unpreparedness. Major Heany was sent by train viâ Kimberley, and in +order to facilitate his travelling a telegram was sent to Mr. Rhodes +in Capetown asking him to arrange for a special train, and +acquainting him with the purpose of the trip. Captain Holden was sent +on horseback across country to Pitsani. Both gentlemen carried the +most definite instructions to Dr. Jameson on no account to move. Both +gentlemen have since stated that they delivered the messages in +word and in spirit absolutely as they were given to them in +Johannesburg, and that they carried no private messages whatever from +any individual member of the Committee in any way conflicting with +the purport of the official message with which they were charged. + +On the Thursday, Friday, and Saturday telegrams and messages were +received from Dr. Jameson, all revealing impatience and a desire if +not an intention to disregard the wishes of the Johannesburg people. +Replies were sent to him and to the Capetown agents protesting +against the tone adopted, urging him to desist from the endeavour to +rush the Johannesburg people as they were pushing matters on to the +best of their ability and hoped for a successful issue without +recourse to violent measures, and stating emphatically that the +decision must be left entirely in the hands of Johannesburg as +agreed, otherwise there would be certain disaster. Besides what would +be regarded as the official expressions and messages of the +Johannesburg people, several individual members of the party +telegraphed to Dr. Jameson informing him of the position and adding +their personal advice and testimony. The probability of achieving +success without firing a shot was referred to in the sense of a most +satisfactory prospect. It did not occur to any one among the +Johannesburg party that it was this prospect that moved Dr. Jameson +to start. That idea is of later birth. + +On Sunday morning, at about ten o'clock, two telegrams of importance +were received. The first was from Messrs. Hamilton and Leonard, to +the following effect: 'We have received perfectly satisfactory +assurance from Cecil Rhodes, but a misunderstanding undoubtedly +exists elsewhere. In our opinion, continue preparations, but +carefully, and without any sort of hurry, as entirely fresh departure +will be necessary. In view of changed condition Jameson has been +advised accordingly.' Portions of this message were in code. It left +Capetown at 2.20 p.m. on Saturday, the 28th, and was received on +Sunday at about ten o'clock. The second telegram was one from Dr. +Jameson to his brother, Mr. S.W. Jameson, and had been despatched at +about the same time. It was in the Bedford-McNeil Code, and was much +mutilated--so much so that it was thought to have been purposely +done in the telegraph office in order to obscure the meaning. One +expression was clear, however, and that was: 'I shall start without +fail to-morrow night.' It concluded with the words: 'Inform Dr. +Wolff--distant cutting. He will understand.' + +The words 'distant cutting' did not occur in any code-book. Dr. +Jameson states that they were words privately agreed upon between him +and Dr. Wolff. The telegram was shown to Dr. Wolff as soon as he +could be found, but he declared himself unable to throw any light +whatever upon it. It was however clear from the message that on +Saturday afternoon it had been Dr. Jameson's intention to disregard +the wishes of the Committee, and to start on Sunday night, and the +telegram impressed the recipients more than ever with the wisdom of +their action in sending the messengers to Capetown and to Pitsani to +insist upon no further steps being taken. It is of little consequence +what the words 'distant cutting' really meant, or whether they were, +or should have been, understood by any of the parties. Major Heany +and Captain Holden, it was known, could not have reached Dr. Jameson +at the time the message was despatched, and therefore no more +importance was attached to this than to the other impatient +telegrams. + +It was assumed that, on receiving the emphatic messages sent through +Major Heany and Captain Holden, Dr. Jameson would realize the +seriousness of the position, and would, in fact, abide by the +arrangements made with him. Nor was this all. It was also clear that +the telegram of Mr. Rhodes to which it was inferred reference was +made in the concluding words of Messrs. Hamilton's and Leonard's +wire--'Jameson has been advised accordingly'--could not have reached +Dr. Jameson at the time his telegram to his brother was despatched. +It was part of the instructions to Messrs. Hamilton and Leonard that +any communications which they might desire to make to Dr. Jameson +should pass through Mr. Cecil Rhodes in order to ensure due regard +being paid to them. There was therefore no doubt in the minds of the +Johannesburg men that during Saturday afternoon--that is to say, more +than twenty-four hours before he proposed moving--he must have +received a wire forbidding him to move. + +The facts here given were sufficient to warrant the belief that all +that was necessary had been done to prevent any movement. But more +reassuring than all precautions was the conviction that Dr. Jameson, +no matter how much he might 'bluff' in order to force immediate +action, would never be guilty of so gross a breach of faith as to +start in defiance of the wishes of the Johannesburg people. Extreme +dissatisfaction of course prevailed in the minds of a good many when +they learned of the efforts made by him to force their hands, and +this feeling was intensified by the report brought in by Dr. Wolff, +who had just returned from seeing Dr. Jameson at Pitsani. Dr. Wolff +had arrived at Pitsani on the previous Tuesday, and was then greeted +by Dr. Jameson with the remark that he had 'as nearly as possible +started for Pretoria last night.' It was felt that this might appear +to be a very fine and dashing thing for a party of men well armed and +trained and able to take care of themselves, but that it betrayed +great indifference to his pledges, as well as to the fate of his +associates, who as he knew perfectly well had not even the arms to +defend themselves from the consequences of any precipitate action on +his part, and who had moreover the responsibility for the control and +protection of unarmed Johannesburg. + +The feeling among the Reformers on Sunday, the 29th, was one of +considerable relief at having found out in time the intention of +their reckless colleague, and at having taken the necessary steps to +control him. Secure in the belief that the messages from Capetown had +duly reached Dr. Jameson, and that either Major Heany or Captain +Holden had by that time also reached him, and that in the future the +management of their affairs would be left in their own hands, they +continued during Sunday and Monday, the 29th and 30th, to arrange +plans on the basis before indicated, awaiting in the meantime further +communications from Messrs. Hamilton and Leonard. + +In the meanwhile it became generally known in Johannesburg that some +movement was afoot, and suppressed excitement and expectancy became +everywhere manifest. On Saturday, December 28, the President returned +from his annual tour through certain of the outlying districts. On +his journey he was met by a number of burghers at Bronkhorst +Spruit, the scene of the battle in the War of Independence, about +twenty miles from Pretoria. One of the burghers, an old Boer named +Hans Botha, who was the opponent of Mr. Woolls-Sampson in the 'duel' +at the battle of Zwartkoppies, in addressing the President, said that +he had heard that there was some talk of a rising in Johannesburg, +and added that although he had many bullets in him (It is stated that +he still has five!), he could find room for more if it was a question +of tackling the Britishers. The President replied that he had heard +of the threatened rising, and did not believe it: he could not say +what was likely to happen, but they must remember this--if they +wanted to kill a tortoise they must wait until he put his head out of +the shell. + +In an interview with a representative of the press immediately after +this the President said that the position was full of gravity and +might lead to disagreeable consequences, especially to the mining +industry and commercial enterprise generally; but he was still +confident that common-sense would prevail in Johannesburg, and +expressed the conviction that the law-abiding portion of the +community, which included the greater part of the English and other +nationalities, would support all measures for the preservation of law +and order. He said that his endeavours hitherto to secure concessions +for the Uitlander population had been frustrated by the public +utterances and actions of irresponsible and unscrupulous agitators +whose methods had often a detrimental effect on the Volksraad and on +the burghers throughout the Republic. The first commotion created was +by the flag incident some years before (1890), which caused a great +shock to confidence; another sinister incident was the refusal of a +portion of the British community to serve their adopted country in +the Malaboch War, when the union of Boer and Briton against the +common enemy was nearly brought about. 'If wiser counsels +unfortunately should not prevail,' the President continued, 'then let +the storm arise, and the wind thereof will separate the chaff from +the grain. The Government will give every opportunity for free speech +and free ventilation of grievances, but it is fully prepared to put a +stop to any movement made for the upsetting of law and order.' + +On the same day the President was interviewed by a deputation of +Americans from Johannesburg. They were men of the highest position +and influence in the community and were earnestly desirous of +securing reforms, but they were impressed with the idea that peaceful +means had not yet been exhausted and that the President and his +Executive would listen to reason if they were convinced that serious +consequences would follow the neglect to reform. The President +received them civilly, as he often does when he has a strong hand to +play: it is generally when his cards are poor that he gives way to +the paroxysms of rage and indulges in the personal abuse and violent +behaviour which have earned for him so unenviable a reputation. He +listened to all that had been advanced by the deputation, and then +said that 'it was no time to talk when danger was at hand. That was +the time for action.' The deputation represented to him that there +was no danger at hand unless the President by his own act +precipitated matters and caused the trouble himself, that matters +were completely in his hands, and that if he would deal with the +people in a liberal and statesmanlike way and grant the reforms which +were universally acknowledged to be necessary there would not be +anywhere in the world a more law-abiding and loyal community than +that of Johannesburg. The President answered merely by the question: +'If a crisis should occur, on which side shall I find the Americans?' +The answer was, 'On the side of liberty and good government.' The +President replied, 'You are all alike, tarred with the same brush; +you are British in your hearts.' + +In reply to another deputation, representing a section of the +community which was not by any means at one with the reformers, but +the leading members of which still urged the necessity for reforms, +the President said, 'Either you are with me in the last extremity or +you are with the enemy; choose which course you will adopt. Call a +meeting to repudiate the Manifesto in its entirety, or there is final +rupture between us.' The gentlemen addressed declared emphatically +that on the Manifesto there could be no retreat. On that Johannesburg +was absolutely at one. The President replied, 'Then, I shall know how +to deal with Johannesburg,' and left the room. + +The various business associations of Johannesburg and Pretoria +approached the President at different hours in these threatening +times, and did all that was possible to induce him to make reasonable +concessions. Although numbers of his followers and counsellors were +strongly in favour of doing something to avert the coming storm, the +President himself seemed inclined to fight until the last ditch was +reached rather than concede anything. In reply to the Mercantile +Association he said that he was quite willing to give the franchise, +but that it would be to those who were really worthy of it--those for +instance who rallied round the Government in this crisis and took +no part in the mischievous agitation and clamouring for so-called +reforms: all malcontents should be excluded. In fact he made it +perfectly plain that the franchise would be treated as a huge bribery +fund; and he himself was introducing the thin end of the wedge in +the suggestion made to the Association with a view to splitting +up the Reform Party in Johannesburg. He however added that the +special duties on food-stuffs would be immediately removed pending +confirmation by the Volksraad, that equal subsidies would be granted +to Dutch and English schools alike, and that the Netherlands Railway +Company would be approached with a view to having the tariffs +reduced. The effect of this was however slightly marred by the +concluding sentence in which he stated that 'as he had kept his +former promises, so he would do his best to keep this.' + +In reply to a second deputation of Americans, the President in a +moment of irritation said that it was impossible to grant the +franchise to the Uitlander--American, British, or other; he would +lose his power if he did; the Government would no longer be his. A +member of the deputation said, 'Surely, if we take the oath of +allegiance, you will trust us?' The President hesitated for a moment, +and then said, 'This is no time to talk about these things; I can +promise you nothing.' + + +Footnotes for Chapter III + +{19} The date of 20th December, 1895, was filled in by Dr. Jameson +when he decided to start and to publish the letter. + +{20} When this letter was published by Dr. Jameson and cabled to +the London _Times_ the sense of it was very gravely--but doubtless +unintentionally--altered by terminating this sentence with the word +'aid' and carrying the remaining words into the next sentence. + +(July, 1899.) At the Westminster inquiry it transpired that on +December 20 Mr. Rhodes instructed Dr. Harris to wire for a copy of +the letter. Dr. Jameson forwarded it after filling in that day's +date. On December 30, Dr. Harris, again acting on Mr. Rhodes' +instructions, telegraphed the letter to the _Times_, having altered +the date to 28th, and prefaced it with the statement that the letter +had been 'sent on Saturday (28) to Dr. Jameson, Mafeking.' + +{21} See Appendix I. for the full text of Manifesto. + + + + +CHAPTER IV. + +THE REFORM COMMITTEE. + + +On Monday morning Mr. S.W. Jameson (a brother of Dr. Jameson, who, +although suffering acutely from rheumatic fever, insisted on taking +his share of the work and worry during the days that followed) +received a telegram addressed to Dr. Wolff, in his care. The latter +being away on Monday Mr. Jameson translated the telegram and showed +it at once to as many of his comrades as he could find. It was from +Dr. Jameson, despatched from Pitsani at 9.5 a.m. on Sunday, and ran +as follows: 'Meet me as arranged before you left on Tuesday night +which will enable us to decide which is best destination. Make +Advocate Leonard speak--make cutting to-night without fail.' + +Every effort was made to find Dr. Wolff, but he--in common with +others--believing that there would be no move for a week, was away. +This telegram was, to say the least of it, disquieting. It showed, so +it was thought, that as late as Sunday morning Dr. Jameson could not +have received the countermands by Messrs. Heany and Holden, and it +indicated that it must have been a near thing stopping him before he +actually crossed the border. As a matter of fact Major Heany reached +Dr. Jameson at noon on Sunday; but Capt. Holden had arrived the night +before. + +Shortly after noon Mr. Abe Bailey received and showed to others a +telegram purporting to come from 'Godolphin,' Capetown, to the +following effect: 'The veterinary surgeon says the horses are now all +right; he started with them last night; will reach you on Wednesday; +he says he can back himself for seven hundred.' By the light of +subsequent events the telegram is easily interpreted, but as Mr. +Bailey said he could not even guess who 'Godolphin' might be, the +message remained a puzzle. That it had some reference to Dr. Jameson +was at once guessed, indeed Mr. Bailey would not have shown it to +others concerned in the movement did he not himself think so. The +importance and significance of the message entirely depended upon who +'Godolphin' was, and it afterwards transpired that the sender was Dr. +Rutherfoord Harris, who states that he took the first and safest +means of conveying the news that Dr. Jameson had actually started in +spite of all. Mysterious and unintelligible as it was the telegram +caused the greatest uneasiness among the few who saw it, for it +seemed to show that an unknown someone in Capetown was under the +impression that Dr. Jameson had started. The Reformers however still +rejected the idea that he would do anything so mad and preposterous, +and above all they were convinced that had he started they would not +be left to gather the fact from the ambiguous phrases of an unknown +person. + +All doubts however were set at rest when between four and half-past +four on Monday afternoon Mr. A.L. Lawley came hurriedly into the room +where several of the leaders were met, saying, 'It is all up, boys. +He has started in spite of everything. Read this!' and at the same +time throwing on the table the following telegram from Mafeking: 'The +contractor has started on the earthworks with seven hundred boys; +hopes to reach terminus on Wednesday.' + +The Reformers realized perfectly well the full significance of Dr. +Jameson's action; they realized that even if he succeeded in reaching +Johannesburg, he, by taking the initiative, seriously impaired the +justice of the Uitlanders' cause--indeed, put them hopelessly in the +wrong. Apart from the moral or political aspects of the question +there was the fact that, either through mistake or by fatuous +impulse, Dr. Jameson had plunged them into a crisis for which as he +knew they were insufficiently provided and prepared, and at the same +time destroyed the one chance--the one certainty--on which they had +always counted for arms and ammunition; by starting first he knocked +out the foundation of the whole scheme--he made the taking of the +Pretoria arsenal impossible. For a few minutes it was hoped that +the chance of taking the arsenal still remained; but while discussion +was still proceeding and several of those present were protesting +that the news could not be true (among them Mr. S.W. Jameson, who +stoutly maintained that his brother would never start in defiance of +his pledges), authentic news of the invasion was received from the +Government offices; and this was supplemented a few minutes later by +the information that the Government had known it at an early hour in +the morning, and that Pretoria was then full of armed burghers. The +position then appeared fairly desperate. + +It is worth noting that even when Dr. Jameson decided to start in +opposition to the Committee's wishes it was not deemed necessary to +treat them with the candour which they were entitled to expect from a +comrade. It is well known that Dr. Jameson never had 700 men, and +that he started with less than 500, and yet the Reformers were led to +understand from the telegrams above quoted that he was starting with +700, and not 800 as last promised. They were at first under the +impression that the 700 men did not include the Bechuanaland Border +Police who were to join him after starting, so that it was still +thought that he had over 800 men. + +Before five o'clock messengers had been sent out in all directions to +call together those who had interested themselves in the movement, or +as many of them as possible, for several prominent men knowing only +of the steps taken to prevent any movement on the part of Dr. +Jameson, were not at hand. As many as possible however gathered +together, and it was decided to take instant steps to put the town in +a state of defence. In order that the subsequent actions and attitude +of the Reform Committee may be properly understood it is necessary to +explain somewhat fully the position of affairs on this Monday +evening. + +As soon as it was realized that the news was beyond all doubt true +the bitterest censure was expressed upon Dr. Jameson's action, and it +was at first stated by many that either Dr. Jameson or Mr. Rhodes or +both had deliberately and for the furtherance of their personal aims +disregarded in treacherous and heartless fashion all their +agreements. Soon however a calmer view was taken, and a consideration +of all the circumstances induced the Reformers to believe that Dr. +Jameson had started in good faith, but under some misapprehension. +They recalled the various reports that had been in circulation in the +press about conflicts between the Boers and Uitlanders at the Simmer +and Jack and Jumpers mines, the reported arrest of Mr. Lionel +Phillips and the demand of Ł80,000 bail--rumours which had been +treated by those on the spot as too ridiculous to gain credence +anywhere, but which they nevertheless thought might have reached Dr. +Jameson in such guise as to induce him to take the step which he had +taken. It was assumed that the telegrams sent from Johannesburg and +Capetown to stop him had not reached him, and that Messrs. Heany and +Holden had also failed to catch him before he started. Opinions +however were still divided as to whether he had simply lost patience +and come in regardless of all consequences, or had been really misled +and had dashed in to the assistance of Johannesburg. The position was +at best one of horrible uncertainty, and divided as the Committee +were in their opinions as to his motive they could only give him the +benefit of the doubt and assume that there was behind his action no +personal aim and no deliberate disregard of his undertakings. In +order to realize the perplexity of the position it must be understood +that only the few who happened to meet on Sunday and Monday morning +knew of the telegrams which had passed during the previous +twenty-four hours, many did not know of them until Pretoria prison +gave them time to compare notes; to some they may be news even now. +There was no time to argue then! + +Knowing the poorness of the equipment of Johannesburg and the +unpreparedness of the place and its inhabitants the more logical and +cold-blooded course would have been to repudiate Dr. Jameson +instantly and to have left him to his fate; but against this was +firstly, the fact publicly admitted that he had remained on the +border by arrangement with the leaders in order to help them should +the necessity arise; next, that if he gave heed to the reports which +were being circulated he might have thought that the necessity had +arisen; and finally, that the leaders had taken such steps in the +smuggling in of arms and the arming of men as would warrant the +Boers, and indeed anybody else, in associating them with Dr. Jameson, +so that they might confidently expect to be attacked as accomplices +before the true facts could become known. They realized quite well +that they had a big responsibility to the unarmed population of +Johannesburg, and it was with the object of fulfilling that +obligation that they decided to arm as many men as possible and to +fortify and defend the place if attacked, but, in view of the +impossibility of aggressive measures being successful, to take no +initiative against the Boers. It would in any case have been entirely +useless to suggest the repudiation of Dr. Jameson at that moment. The +Johannesburg people would never have listened to such a suggestion, +nor could anyone have been found to make it. + +In view of the fact that the Reform Committee have been charged with +the crime of plunging the country into civil war with a miserable +equipment of less than 3,000 rifles, it is only fair to give some +heed to the conditions as they were at the time and to consider +whether any other course would have been practicable, and if +practicable, whether it would have been in the interests of any +considerable section of the community. To the Committee the course to +be taken seemed perfectly clear. They determined to defend and hold +the town. They threw off all disguise, got in all the arms they +possibly could, organized the various military corps, and made +arrangements for the maintenance of order in the town and on the +mines. Throughout Monday night all were engaged in getting in arms +and ammunition and doing all that could be done to enable the town to +hold its own against possible attack. + +During Monday night the Reform Committee came into existence. Those +who had so far taken a prominent part in the agitation had been for +convenience utilizing Colonel Rhodes' office in the Consolidated +Goldfields Company's building. Many prominent men came forward +voluntarily to associate themselves with the movement, and as the +numbers increased and work had to be apportioned it became evident +that some organization would be necessary. Those who had already +taken part in the movement formed themselves into a committee, and +many other prominent men joined immediately. The movement being an +entirely public one it was open for anyone to join provided he +could secure the approval of the already elected members. The body so +constituted was then called the Reform Committee. + +The following is the first notice of the Reform Committee as +published in the _Johannesburg Star_; and it indicates the position +taken up: + +Notice is hereby given that this Committee adheres to the National +Union manifesto, and reiterates its desire to maintain the +independence of the Republic. The fact that rumours are in course of +circulation to the effect that a force has crossed the Bechuanaland +border renders it necessary to take active steps for the defence of +Johannesburg and the preservation of order. The Committee earnestly +desires that the inhabitants should refrain from taking any action +which can be considered as an overt act of hostility against the +Government. + +Telegrams were sent to the High Commissioner and to the Premier of +Cape Colony informing them that owing to the starting of Dr. Jameson +with an armed force into the Transvaal Johannesburg had been placed +in a position of extreme peril which they were utterly unprepared to +guard against, and urging the High Commissioner to proceed +immediately to Johannesburg in order to settle matters and prevent a +civil war. + +Sub-committees were at once appointed, partly chosen from members of +the Reform Committee and partly from others who had interested +themselves in the movement and had come forward to take part but had +not actually joined the controlling body. The matters to be dealt +with were: The policing of the town; the control of the natives +thrown out of employment by the closing of the mines; the +arrangements for the defence of the town; the commissariat for the +men bearing arms and for others who were flocking into the town; the +providing for the women and children who had been brought in from the +mines and had neither food nor shelter. These matters were taken in +hand on Tuesday morning, and before nightfall some 2,000 men had been +supplied with arms; the Maxims had been brought in and placed in +position on the hills surrounding the town; various corps had been +formed; a commencement had been made in the throwing-up of earthworks +around the town; and food-supplies and such field equipment as could +be got together had been provided for the men. As regards the town, +the Government police having disappeared, it was necessary to take +energetic steps to prevent actual chaos reigning. Ex-Chief Detective +Trimble was appointed to organize a police force, and the work was +admirably done. Before nightfall the Reform Committee's police had +taken entire charge of the town, and from this time until the +withdrawal of the Committee's police after the laying down of arms, +perfect order was maintained--indeed, the town has never before or +since been so efficiently controlled as during this period. + +Numbers of the mines stopped work. In some cases the miners remained +to protect the companies' property; in other cases the men came in +and volunteered to carry arms in defence of the town. One of the most +serious difficulties with which the Committee had to deal was that of +supplying arms. There were under 3,000 rifles, and during the few +days when the excitement was at its highest no less than 20,000 men +came forward as volunteers and demanded to be armed. Not unnaturally +a great deal of feeling was roused among these men against the +Committee on account of their inability to arm them. It was believed +for a long time that the Committee was wholly responsible for the +incursion by Dr. Jameson; that they had precipitated matters without +regard to the safety of the unarmed population, and had actually +courted civil war with a paltry equipment of some 3,000 rifles. For +several days a huge crowd surrounded the Committee's offices +clamouring for guns. It is difficult to say what the feeling would +have been and what would have been done had it been known then that +there were less than 3,000 rifles. Not more than a dozen men knew the +actual number, and they decided to take the responsibility of +withholding this information, for they realized that panic and riot +might ensue if it were known, whilst the only hope for a successful +issue now lay in Johannesburg presenting a bold, confident, and +united front. + +All the well-known medical men in the town came forward at once, and +organized and equipped an ambulance corps which within the day was in +perfect working order. + +Perhaps the most arduous task of all was that of the Commissariat +Department, who were called upon to supply at a few hours' notice the +men bearing arms in various positions outside the town and the +various depots within the town which were organized for the relief +of those who had flocked in unprovided for. It would have been +impossible, except in a community where the great majority of men had +been trained by the nature of their own business in the habit of +organization, to cope with the difficulties which here presented +themselves, and it is impossible to pay too high tribute to those who +organized the relief of the women and children from the surrounding +districts. Not less than 2,000 women and children were housed and fed +on Tuesday night; offices were taken possession of in different parts +of the town and converted into barracks, where sleeping accommodation +was provided under excellent sanitary conditions; and abundance of +food, as good as could be expected at an ordinary hotel, was supplied +to these people who had come in expecting to sleep in the streets. + +In order to carry into effect the scheme of relief above referred to +it was found necessary to form what was called the Relief Committee. +A fund was opened to provide this Committee with the necessary means, +and members of the Reform Committee subscribed upwards of Ł80,000 +within a few minutes of the opening of the lists. + +The native liquor question also called for prompt and determined +handling. A deputation from the Committee called upon the Landdrost, +the official head of the Licensing Board, and requested the +co-operation of the Government in dealing with this matter, and an +order was obtained from him compulsorily closing the canteens until +further notice. Armed with this the officials appointed by the +Committee visited the various liquor-houses along the mines and gave +due notice, with the further warning that if any breach of the new +regulation took place it would be followed by the confiscation of the +entire stock of liquor. The measure generally had a very salutary +effect, but in the lowest quarters it was not sufficient. The +Committee had realized in the very beginning that nothing but the +removal of the liquor would prevent the Kaffir canteen-keepers from +supplying the natives with drink, and patrols were accordingly sent +out to seize the entire stock in those drinking-hells, to pay +compensation at value agreed upon, and to destroy the liquor. The +step was no doubt a high-handed one, and before it was taken notice +was given to the Government officials of the intention. The Committee +were warned that this action could not be authorized by Government, +as it was both high-handed and illegal, but they decided to take the +responsibility upon themselves. It is not too much to say that there +were fewer cases of drunkenness or violence reported during the +period of trouble than during any other fortnight in the history of +the place. + +The following proclamation had been issued by the President at a very +late hour on Monday night in Pretoria, and was received in +Johannesburg on Tuesday morning: + +PROCLAMATION BY HIS HONOUR THE STATE PRESIDENT OF THE SOUTH AFRICAN +REPUBLIC. + +Whereas it has appeared to the Government of the South African +Republic that there are rumours in circulation to the effect that +earnest endeavours are being made to endanger the public safety of +Johannesburg, and whereas the Government is convinced that, in case +such rumours may contain any truth, such endeavours can only emanate +from a small portion of the inhabitants, and that the greater portion +of the Johannesburg inhabitants are peaceful, and are prepared to +support the Government in its endeavours to maintain law and order, + +Now, know you that I, Stephanus Johannes Paulus Kruger, State +President of the South African Republic, with the advice and consent +of the Executive Council, according to Article 913 of its +minutes, dated the 30th of December, 1895, do hereby warn those +evil-intentioned persons (as I do hereby urge all such persons to do) +to remain within the pale of the law, and all such persons not +heeding this warning shall do so on their own responsibility; and I +do further make known that life and property shall be protected +against which attempts may be made, and that every peaceful +inhabitant of Johannesburg, of whatsoever nationality he may be, is +called upon to support me herein, and to assist the officials charged +therewith; and further be it made known that the Government is still +prepared to take into consideration all grievances that may be laid +before it in a proper manner, and to submit the same to the people of +the land without delay for treatment. + +The Government in Pretoria were no doubt perfectly well aware of all +that was going on; the Committee could not possibly observe any +secrecy, nor did it appear desirable, since the position taken up and +maintained by them to the end was that they were not responsible for +Dr. Jameson's incursion and were simply prepared to defend the town +against attack. + +During the four or five days preceding this the evidences of +excitement in Johannesburg had been unmistakable, and on Saturday +the 28th, the day before Dr. Jameson started, several prominent +officials and two or three members of the Volksraad visited +Johannesburg from Pretoria and openly discussed the seriousness +of the position. At that time they were strongly of opinion that +the Government had brought the trouble on themselves by their +wrong-headed and corrupt action. The visitors were men who although +officially associated with the Government were not at all in sympathy +with the policy of the Krugerite party, and they were sincerely +anxious for a peaceful settlement and desirous of liberal reforms, +but their influence with the Government was nil. Unfortunately it has +always been the case that intelligent and upright men associated with +the Pretoria Government (and there are some as bright examples as can +be found in any country) never have, and never will have, any weight +with the party now dominating the State. Their services are not used +as they might be, and their counsels are not regarded as they should +be in times when they would be of value; in fact, it would seem that +they are only used when it appears to Mr. Kruger and his party that +they present opportunities for playing upon the credulity of the +Uitlanders with whose progressive notions they are known to be in +sympathy. It is unnecessary to say that these gentlemen do not +consciously take part in the deception which is practised, but it is +nevertheless a fact that whenever the Pretoria clique desire to trail +the red herring they do it by the employment in seeming good faith of +one or other of those gentlemen whose character and sympathies +entitle them to the respect and confidence of the Uitlander. + +On Tuesday Mr. Eugene Marais, the editor of the leading Dutch paper +_Land en Volk_, a gentleman who has worked consistently and +honourably both for his people, the Transvaal Dutch, and for the +cause of pure and enlightened government, visited Johannesburg, being +convinced that there was serious trouble in store for the country +unless prompt and decisive steps were taken to remedy the conditions +under which the Rand community were suffering. No one in the country +has fought harder against the abuses which exist in Pretoria nor has +anyone risked more, nor yet is there a more loyal champion of the +Boer; and Mr. Marais, having on his own initiative investigated the +condition of affairs in Johannesburg and reported the result to some +of the leading members of the Government, telegraphed to a member +of the Committee on Tuesday morning beseeching that body to make a +strenuous effort to avert bloodshed, using the words, 'For God's +sake, let us meet and settle things like men!' and further stating +that he and Mr. Malan, son-in-law of General Joubert, were bringing +over a message from the Government, and that he hoped the Committee +would meet them in a reasonable spirit. + +A full meeting of the Committee was at once called to receive the two +delegates. The meeting took place at 9 p.m. and lasted until 12 p.m. +on Tuesday night. Mr. Marais's evidence during the course of the +trial detailed the events which led up to this meeting. He stated +that in consequence of what he had observed in Johannesburg on Monday +and Tuesday he returned to Pretoria, convinced that unless something +was done by Government to relieve the position there would most +inevitably be a civil war. He reported the condition of things to +General Joubert, who deemed it of sufficient importance to have the +matter brought before the Executive. Messrs. Marais and Malan were +thereupon received by the Executive and authorized to meet the Reform +Committee on behalf of the Government. With reference to the now +famous 'olive branch' phrase, Mr. Marais states that the expression +was first used by a member of the Committee in Johannesburg on +Tuesday morning. The condition of things was being discussed and this +member commented severely upon the action of the Government. Mr. +Marais urged that things were not so bad as to justify a determined +attempt to provoke civil war, and stated that he believed that the +excitement prevailing would convince the Government that they had now +gone too far and that when they realized the seriousness of the +position they would be willing to make proper concessions, and he +said in conclusion that the people of Johannesburg, if they were as +good as their professions and desired reform and not revolution, +would even at the eleventh hour be willing to meet the Government. +The member of the Reform Committee replied that this was undoubtedly +the attitude of the Johannesburg people, but that it was +absolutely useless to keep on patiently waiting for the fulfilment of +promises which were only made to be broken; that if Johannesburg had +any evidence that the Government meant honestly by them they would of +course treat and endeavour to avert bloodshed; that the Uitlanders +had so far always offered the olive branch and sought to establish +harmony. That however was all over, and let the Government now take +the first steps if they were in earnest. + +Mr. Marais reported the whole of this conversation to the Executive +Council and, upon his making use of the expression 'olive branch,' +the President exclaimed excitedly, 'What are they talking about? What +is an olive branch?' When this was explained to him he nodded and +said, 'Yes, that is what we will do,' and Mr. Wolmarans another +member of the Executive exclaimed, 'Go back to the Johannesburg +people and tell them that we have already offered the olive branch by +voluntarily withdrawing our police from the town in order to avoid +conflict, thus leaving them in entire possession. It is for them to +say whether they will accept it.' + +The meeting at which Messrs. Marais and Malan were commissioned to +negotiate with the Johannesburg people was, with the exception of +General Smit (then dying and since dead), attended by every member of +the Executive Council, and there is no truth in the suggestion made +on behalf of the Government that it was an informal meeting of a few +men who were not acting on behalf of the State, nor is there any +justification for the statement made by Judge Ameshof in the +witness-box that Messrs. Marais and Malan were not officially +authorized to negotiate with the Reform Committee. + +Messrs. Marais and Malan met the Reform Committee in the general +committee-room, and both gentlemen addressed the meeting several +times, going fully into the grievances complained of by the +Uitlanders and explaining very fully the position of the Government +and their attitude during the meeting of the Executive Council which +they had been called upon to attend. They stated that they had been +sent by a full meeting of the Executive to ask the Reform Committee +to send a deputation to Pretoria in order to meet a Commission to +be appointed by Government with a view to effecting a peaceful +settlement and the redress of grievances; that the Commission would +consist of Chief Justice Kotzé, Judge Ameshof, and another, probably +a member of the Executive Council; that the Government were willing +to consider and redress the grievances, and were, above all things, +anxious to avoid conflict with their own subjects. + +Then came the much-quoted expression: 'We come in fact to offer you +the olive branch; it is for you to say if you will take it; if you +are sincere in your professions, you will.' A great deal of +discussion took place, many members of the Committee maintaining +that, although they placed full confidence in the gentlemen who had +been sent by Government, they were nevertheless convinced that there +was treachery at the bottom of it, and they stated in plain language +what has become more or less an article of faith with the Uitlander: +'Whenever the Government are earnestly intent upon deceiving us they +select emissaries in whose character and good faith we have complete +trust, and by deceiving them ensure that we shall be misled.' Both +gentlemen repeatedly assured the meeting that the Government were +most anxious to remove the causes of discontent, and stated moreover +that Johannesburg would get practically all that was asked for in the +Manifesto. When asked what was meant by 'practically all,' they +explained that there would be some minor points of course on which +Johannesburg would have to give way in order to meet the Government, +as their position was also a very difficult one, and there were in +particular two matters on which there would be some difficulty, but +by no means insurmountable. When asked if the two matters were the +removal of religious disabilities and the franchise, one of the two +gentlemen replied that he had been told that there would be some +difficulty on these two points, but that they were quite open to +discussion as to the details and he was convinced that there would +surely be a means of coming to an understanding by compromise even on +these two. Messrs. Marais and Malan also informed the meeting that +the High Commissioner had issued a proclamation calling upon Dr. +Jameson to desist from the invasion and to return to British +territory at once; that the proclamation had been duly forwarded +to him from several points; and that there was no doubt that he would +turn back. Messrs. Marais and Malan both stated that they were +themselves proceeding with the commando against Dr. Jameson should he +fail to obey the High Commissioner's mandate, and stated also that +although they were making every effort that was humanly possible to +avert conflict it must be clearly understood that if from the +unreasonable action of Johannesburg fighting took place between the +Government forces and a revolutionary force from Johannesburg, they +as in duty bound would fight for their Government, and that in the +Government ranks would be found those men who had been the most +arduous workers in the cause of reform. They were assured that there +was no such feeling as desire for revenge actuating the people who +had taken up arms, that it was simply a desire for fair treatment and +decent government, that the present demand was what had been already +detailed in the Manifesto, and that the Committee stood by that +document, but would nevertheless accept as sufficient for the time +being any reasonable proportion of the redress demanded. + +In spite of differences as to the motives of the Government in +holding out the olive branch it was decided unanimously that the +request as conveyed by Messrs. Marais and Malan should be complied +with, and that a deputation should be sent over early on the +following morning to meet the Government Commission. Under the +circumstances it was quite useless to discuss whether the Government +designed these negotiations merely as a ruse in order to gain time, +or whether they were actually dealing with the Committee in good +faith and intending to effect the redress promised. At that time +Johannesburg itself had not been protected by earthworks, and the +unpacking of the Maxims and rifles had only just been completed. +Throughout Tuesday night and Wednesday earthworks were being thrown +up, and every effort was being directed towards placing the town in a +state of defence. + + + + +CHAPTER V. + +THE COMMITTEE'S DILEMMA. + + +With the best will in the world it would have been quite impossible +to render any assistance to Dr. Jameson's forces, but apart from this +there never was the slightest doubt of his ability to get into +Johannesburg without assistance should he decide to attempt it. In +conversation with the leaders of the movement he had always scouted +the idea of requiring assistance from Johannesburg, nor would anyone +have believed that with a well-equipped and perfectly trained force +of 800 men (as it was believed he had) it was possible for the Boers +to get together a force sufficiently strong to stop him in his dash +on Johannesburg. + +In the absence of Mr. Charles Leonard, who had been recognized as the +leader of the movement, Mr. Lionel Phillips was elected Chairman of +the Reform Committee, and he and Messrs. J.G. Auret, A. Bailey, and +M. Langermann were chosen as the Committee's deputation to proceed to +Pretoria and meet the Commission appointed by the Government. They +left at an early hour on Wednesday morning, and were given +practically a free hand to act on behalf of the Reform Committee. The +position having been so thoroughly discussed there was no possibility +of misunderstanding; there was no division in the Committee as to the +attitude to be taken up. The deputation were to negotiate with the +Government for a peaceful settlement on the basis of the Manifesto, +accepting what they might consider to be a reasonable instalment of +the reforms demanded. They were to deal with the Government in a +conciliatory spirit and to avoid all provocation to civil strife, but +at the same time to insist upon the recognition of rights and the +redress of the grievances, to avow the association with Dr. Jameson's +forces so far as it had existed, and to include him in any settlement +that might be made. It was impossible to lay down any definite +lines on which to negotiate on behalf of Dr. Jameson, as the Reform +Committee were still in complete ignorance of his reasons for +starting; but it was considered fairer and more reasonable to assume +that he had started in good faith and that the two messengers who had +been sent to stop him had not reached him, and to act accordingly. +However awkward a predicament he had placed the Johannesburg people +in, they accepted a certain moral responsibility for him and his +actions and decided to make his safety the first consideration. + +Late on Tuesday night the Collector of Customs at Johannesburg +informed members of the Reform Committee that he had received a +telegraphic despatch from the Pretoria head office notifying the +suspension of all duties on various articles of food. It will be +remembered that this relief was prayed for by the representative +bodies of mining and commerce on the Rand several weeks before the +outbreak and that the Government had replied that they were unable +during the recess to deal with the matter as the legislative power +and the power of levying and remitting duties had been taken from the +Executive by the Volksraad some time previously. It will also be +remembered that the Government acted on this hint as to the +necessities of the community in a wholly unexpected way by granting a +monopoly for the free importation of grain to a favoured individual +of their party in Pretoria. It is not wonderful therefore that the +notification conveyed by the Collector of Customs was received with +considerable derision, and the opinion was expressed that it would +have redounded more to the credit of the Government's honesty and +intelligence had they remitted the duties when first petitioned +instead of doing so at the last moment hastily and ungracefully--so +to speak, at the point of the bayonet. + +On Wednesday morning, whilst the deputation were engaged in +negotiations with the Government Commission, a telegram was received +by the Reform Committee in Johannesburg from Sir Jacobus de Wet, +the British agent, conveying the following proclamation of the High +Commissioner: + +Whereas it has come to my knowledge that certain British subjects, +said to be under the leadership of Dr. Jameson, have violated +the territory of the South African Republic, and have cut +telegraph-wires, and done various other illegal acts; and whereas the +South African Republic is a friendly State, in amity with Her +Majesty's Government; and whereas it is my desire to respect the +independence of the said State; + +Now, therefore, I hereby command the said Dr. Jameson and all persons +accompanying him to immediately retire from the territory of the +South African Republic, on pain of the penalties attached to their +illegal proceedings; and I do further hereby call upon all British +subjects in the South African Republic to abstain from giving the +said Dr. Jameson any countenance or assistance in his armed violation +of the territory of a friendly State. + +A reply was immediately sent to the British Agent stating that the +Reform Committee were not aware of the reasons which prompted Dr. +Jameson to start, but that as he was coming to their assistance, +presumably in good faith, they felt morally bound to provide for him, +and they therefore urged the British Agent most strongly to spare no +effort in forwarding the proclamation to Dr. Jameson so that he might +be aware of the action taken by the Imperial Government and might +turn back before any conflict should take place between his and the +Boer forces. The Committee offered to forward the despatch themselves +if facilities of passport were given. + +A full meeting of the Committee was immediately convened in order to +consider this new complication of the case, and the following +telegram was approved and sent at 11.15 a.m., addressed to the +Deputation of the Reform Committee, care of Her Majesty's Agent, +Pretoria: + +Meeting has been held since you started to consider telegram from +British Agent, and it was unanimously resolved to authorize you to +make following offer to Government. Begins: 'In order to avert +bloodshed on grounds of Dr. Jameson's action, if Government will +allow Dr. Jameson to come in unmolested, the Committee will guarantee +with their persons if necessary that he shall leave again peacefully +within as little delay as possible.'{22} + +The Committee well realized the fatal results of Dr. Jameson's +invasion under the circumstances, and much as their position had been +injured and complicated by his action, it was felt that it would +still be better to get rid of the foreign element which he +represented and to fight the battle out under such conditions as +might arise without any assistance than to let things go from bad to +worse through further action on Dr. Jameson's part. + +No reply had been received from the High Commissioner to the +telegrams urging him to come up in person. Mr. Cecil Rhodes had +telegraphed that he was urgently pressing the High Commissioner to +come, but that he had received no assurances as yet from him. During +Wednesday Messrs. Leonard and Hamilton telegraphed that the former +had seen the High Commissioner, who had declined to move unless +invited by the other side; they were using every effort to induce him +to move but no reliance could be placed upon him. They further +advised that in their strong opinion a reasonable compromise should +be effected, and that it was most vital to avoid offence. Mr. F.H. +Hamilton, who was one of the first associated with the movement, +finding then that nothing more could be done and feeling that his +proper place was with his comrades, refused to remain longer and +returned to Johannesburg, arriving there after Dr. Jameson's +surrender. + +Two and a half days had now elapsed since Dr. Jameson started, and +the Committee were still without word or sign from him as to his +having started or the reason which prompted him to do so. None knew +better than Dr. Jameson himself the difficulties and magnitude of the +task which he had set the Reform Committee when he struck his camp at +Pitsani and marched into the Transvaal. None knew better than he that +with the best luck and all the will and energy in the world it would +hardly be possible to do as much as place the town in a position of +defence. Every hour some explanation or some message was expected +from him, something to throw a little light on his action; but +nothing ever came, and the Committee were left to act in the dark as +their judgment or good fortune might lead them. + +The deputation which had been sent to Pretoria met the Government +Commission at noon on Wednesday. The Commission consisted of Chief +Justice Kotzé (Chairman), Judge Ameshof, and Executive Member Kock. +There was a Government shorthand clerk present. Before the business +of the meeting was gone into, at the request of the Chief Justice +the deputation consented to minutes of the interview being taken, +remarking that as they were dealing with the Government in good faith +they had nothing to conceal. It may be well to mention that at the +meeting of Messrs. Malan and Marais with the Reform Committee the +question was raised as to the attitude of the Government towards the +deputation which it was suggested should be sent to Pretoria. Someone +remarked that the Government were quite capable of inducing the +deputation to go to Pretoria, having them arrested as soon as they +got there, and holding them as hostages. Messrs. Marais and Malan +both scouted the idea and stated positively that the Executive +Council had formally acknowledged to them that they were negotiating +with the Reform Committee in good faith, and that negotiations would +of course be carried on in a decent manner as between two civilized +parties in arms. These little incidents have a peculiar interest now +in view of the treachery practised by the Government by means of the +negotiations with the deputation. + +Mr. Lionel Phillips as spokesman detailed at length the position of +affairs in Johannesburg, citing the grievances and disabilities under +which the Uitlander population existed. He pointed out that year +after year the Uitlanders had been begging and petitioning for +redress of these grievances, for some amelioration of their +condition, for fair and uniform treatment of all the white subjects +of the State, and for some representation in the Legislature of the +country, as they were entitled by their numbers and their work and +their property to have; yet not only had a deaf ear been turned to +all their petitions, but the conditions were actually aggravated year +by year and, instead of obtaining relief, there was a marked increase +in the burdens and disabilities imposed. He informed the Commission +that the Manifesto fairly represented the views of the Reform +Committee and the people of Johannesburg; that, whilst they were +determined to have their rights, they recognised that it might not +be possible to obtain complete redress at once, and they were +prepared to accept what they might consider a reasonable instalment +of redress. He stated that Dr. Jameson had remained on the borders +of the Transvaal with an armed force by a written arrangement with +certain of the leaders, and that he was there to render active +assistance should the community be driven to extremes and require his +assistance; but as to his present action the Committee could throw no +further light upon it, as they were in ignorance of his reason for +starting; they could only assume that he had done so in good faith, +probably misled by rumours of trouble in Johannesburg which he +thought he had sufficient reason to believe. He added that so far +from being invited by the Committee, messengers had actually been +sent to prevent him from moving, but that it was not known to the +Committee if these messengers had reached him or if the telegrams +which had been sent with a like purpose had ever been delivered to +him, and that consequently the Committee preferred to believe that he +had come in in good faith and thinking the community to be in dire +need, and for this reason the people of Johannesburg were resolved to +stand by him. + +In the course of the discussion, Executive Member Kock remarked: 'If +you have erected fortifications and have taken up arms, you are +nothing but rebels.' Mr. Phillips replied: 'You can call us rebels if +you like. All we want is justice, decent treatment, and honest +government; that is what we have come to ask of you.' Mr. Kock +thereupon remarked that the deputation spoke as though they +represented Johannesburg, whereas for all the Government knew the +Reform Committee might be but a few individuals of no influence; and +he asked if they could be informed as to who constituted that body. +The deputation gave certain names from memory and offered to +telegraph for a full list. The reply came in time to be handed to the +Government and it constituted the sole piece of evidence ever +obtained as to who were members of the Reform Committee. After +hearing the statement of Mr. Phillips the Chief Justice informed the +deputation that the Commission were not empowered to arrange +terms, but were merely authorized to hear what the deputation had to +say, to ascertain their grievances and the proposed remedies, and to +report this discussion to the Government. Taking up certain points +referred to by Mr. Phillips, the Chief Justice asked whether the +Johannesburg people would consent to lay down their arms if the +Government granted practically all the reforms that were asked. +Mr. Phillips replied in the affirmative, adding that after +enfranchisement the community would naturally be privileged to take +up arms again as burghers of the State. The Chief Justice asked on +what lines it was proposed that the franchise should be granted. The +deputation replied that the community would be quite content if the +Government would accept the principle, leaving the settlement of +details to a Commission of three persons--one to be appointed by +each party, and the third to be mutually agreed upon. + +The meeting was adjourned at noon until 5 p.m., and in the meantime +the deputation telegraphed to the Reform Committee in Johannesburg +the substance of what had taken place, stating among other things +that they had explained the arrangements with Dr. Jameson. That such +a message should be sent through the Government telegraph-office at a +time when every telegram was read for the purpose of obtaining +information as to what was on foot is further proof (if proof be +needed) that the 'revelations' as to the connection between Dr. +Jameson and the Reformers, which were brought out with theatrical +effect later on, were not by any means a startling surprise to the +Government, and were in fact well known to them in all essential +details before the first encounter between the Boers and Dr. Jameson +had taken place. The significance of this fact in its bearing upon +Dr. Jameson's surrender and the after-treatment of the Reform +prisoners should not be lost sight of. + +The adjourned meeting between the Government Commission and the +Reform Committee deputation took place at 5 p.m., when the Chief +Justice intimated to the deputation that they had reported to a full +meeting of the Executive Council all that had taken place at the +morning meeting, and that the Executive had authorized them to hand +to the deputation in answer a resolution, the substance of which +is given hereunder: + +The High Commissioner has offered his services with a view to a +peaceful settlement. The Government of the South African Republic +have accepted his offer. Pending his arrival, no hostile step will be +taken against Johannesburg provided Johannesburg takes no hostile +step against the Government. In terms of a certain proclamation +recently issued by the State President the grievances will be +earnestly considered. + +It is impossible to give the exact wording of the minute because the +original document was inadvertently destroyed and all applications to +Government for a copy were met at first by evasions and finally by +point-blank refusal. The document was required as evidence in the +trial of the Reform prisoners and every effort was made to secure an +exact copy. As a last resource the above version, as sworn to by a +number of men who had seen the original document, was put in. The +Government were informed that if a true copy of the original +resolution as recorded in the Minute Book of the Executive Council +were not supplied for the purposes of evidence in the trial the +prisoners would hand in the version given above. No reply was +received to this, and the State Attorney acting on behalf of the +Government admitted the version here given in the statement put in by +the prisoners. It is clear therefore that if this version errs in any +respect it cannot at all events be to the disadvantage of the +Government or they would assuredly have objected to it and have +produced the resolution itself. + +On receipt of the above resolution the deputation inquired whether +this offer of the Government's was intended to include Dr. Jameson. +The Chief Justice replied that the Government declined to treat about +him as he was a foreign invader and would have to be turned out of +the country. The deputation thereupon handed in the telegram from the +Reform Committee, already quoted, offering their persons as security, +and pointed out that this was the most earnest and substantial +guarantee that it was possible to offer that the Committee had not +invited Dr. Jameson and had no desire to destroy the independence of +the State. The Commission in reply stated that the proclamation of +the High Commissioner was being forwarded to Dr. Jameson from +various quarters, and that he would inevitably be stopped. In reply +to the statement by the deputation that they were not empowered to +accept terms which did not explicitly include Dr. Jameson but would +report to headquarters and reply later on, the Chief Justice stated +that the Government required no answer to the resolution handed to +them. This was in fact _their_ answer, and if the people of +Johannesburg observed the conditions mentioned therein there would +be no further trouble, but if they disregarded them they would be +held responsible for whatever followed. The deputation returned to +Johannesburg fully convinced that the grievances would be redressed +and a peaceful settlement arrived at through the mediation of the +High Commissioner, and that Dr. Jameson would inevitably obey +the latter's proclamation and leave the country peacefully on +ascertaining that there was no necessity for his intervention on +behalf of the Uitlanders. + +Not only did the Government supply the deputation with the minute in +writing already quoted, but they also instructed the local officers +of Johannesburg to make public their decision to avail themselves of +Sir Hercules Robinson's services. It will be observed that the +notification published in Johannesburg is not so full as the +Executive minute handed to the deputation in Pretoria, but the spirit +in which it was given and accepted is shown by the following notice +issued by the Reform Committee embodying the official statement: + +REFORM COMMITTEE. + +NOTICE. + +The Government have handed us a written reply this afternoon (January +1), stating they have agreed to accept the offer of the High +Commissioner to go to Pretoria to assist the Government in preventing +bloodshed, and then the representations of the Committee will be +taken into serious consideration. The communication referred to is as +follows: + +'The Government of the South African Republic have accepted the offer +of the High Commissioner to come to Pretoria. + + + (Signed) J. L. VAN DER MERWE, _Mining Commissioner._ + J. F. DE BEER, _Judicial Commissioner._ + CARL JEPPE, _Member of the First Volksraad,_ + _Johannesburg._ + A. H. BLECKSLEY, _Commandant Volunteers._ + +Desirous as the Committee has always been to obtain its objects +without the shedding of blood and incurring the horrors of civil war, +the opportunity of achieving its aims by peaceful means is welcome. + +The Reform Committee desires that the public will aid them with the +loyalty and enthusiasm which they have shown so far in the +maintenance of its organization, and will stand firm in the cause of +law and order and the establishment of their rights. + +By order of the Committee. + +This notice was published in the local press, and also distributed as +a leaflet in Johannesburg. + +More than this! At one o'clock on Wednesday President Kruger had sent +for Sir Jacobus de Wet and requested him to transmit to the Reform +Committee the following message: 'I desire again to invite your +serious attention to the fact that negotiations are going on between +Mr. Chamberlain and His Honour the President. I am convinced the +Government is prepared to meet any committee or deputation at any +time to discuss matters. In view of this and of negotiations with Mr. +Chamberlain I advise you to follow a constitutional course.' That +telegram was framed at President Kruger's request and approved by him +before being transmitted. + +A great deal has been said about the impolicy, and even the bad +faith, of the Johannesburg people in concluding an armistice which +did not include Dr. Jameson. From the above account it is clear in +the first place that every effort was made to provide for his safety, +and in the next place that no armistice was concluded. Certain terms +were offered by the Government which it was open to the Committee to +either accept or reject or ignore, as they might decide later on. In +plain English, the Committee were as free after the negotiations as +they had been before. They gave no undertaking to abstain from +hostile action; they simply received the offer of the Government. +Whether they complied with those conditions as a matter of +cold-blooded selfish policy, whether they simply selected an easy way +out of a difficult position, or whether they complied with the +conditions solely because they were not in a position to do anything +else, it is open to every man to decide for himself; but it does not +seem fair, in face of the fact that they were _not_ able to do +anything else, to impute the worst motives of all for the course +which they eventually took. + +On the return of the deputation to Johannesburg a report of what had +taken place was given to a full meeting of the Reform Committee. +Divers opinions were expressed as to what was the right course to +take, but eventually all were agreed that, as the first duty of the +Committee was undoubtedly to protect the town and the unarmed section +of the community, as they could not afford to send a single man out +of the place, as there was no reason to suppose that Dr. Jameson +required or would welcome any assistance, and as it seemed certain +that he would be stopped by the High Commissioner's proclamation and +turned back, it would be nothing short of criminal madness to adopt +any aggressive measures at that stage. + +It does not appear to have occurred to many of the hostile critics of +the Reform Committee to consider what might have happened when they +are judging what actually took place. Dr. Jameson had invaded the +country with less than 500 men. It must be clear from this that it +was not his intention to conquer the Transvaal. It must have been and +indeed it was his idea that it would be impossible for the Imperial +Government to stand passively by and witness the struggle between its +own subjects preferring legitimate and moderate claims and a corrupt +and incompetent Boer Government. Intervention of one sort or another +he certainly expected--either material help in the shape of British +troops, or the intervention of the High Commissioner to effect a +peaceful settlement. By the false step which evoked the High +Commissioner's proclamation he had forfeited all claim to the support +on which he reckoned. It was reasonable to suppose therefore that, on +the receipt of the proclamation ordering him to return and calling on +all British subjects to abstain from assisting him, he would realize +the consequences of his mistake. He would also learn from the Reform +Committee's messengers (that is, assuming that he did not know it +already) that the Johannesburg people neither required nor wished for +his intervention, and he would elect to leave the country in +accordance with the High Commissioner's mandate rather than continue +a course which, with the opposition of the British Government added +to that of the Boer Government, must inevitably end in disgrace and +disaster. This was the conclusion arrived at in the Reform +Committee room; and it was then considered what would be the position +of the Johannesburg people if, in defiance of the High Commissioner's +proclamation and in violation of the terms offered by the Transvaal +Government, they should adopt aggressive and wholly futile measures +in aid of Dr. Jameson, only to find that he himself had obeyed the +proclamation and had turned back. + +No man in his senses would have anticipated Dr. Jameson's continuing +his march after receipt of the proclamation and full information as +to the wishes and position of the Johannesburg people. But, apart +from this, it was the opinion of military men, such as Colonel +Heyman, who had been sent in by Dr. Jameson, and who were present at +the meetings of the Reform Committee, that it would not be possible +for the Boers to stop him, and that it would require a very large +force indeed to cope with a body of men so well trained, well +equipped, and well led as his were thought to be. It would moreover +need extraordinary luck and management on the Boers' side to get +together any considerable force in time to intercept him before he +should reach Johannesburg. It may be added that the opinion expressed +by these gentlemen is still adhered to. They say that, properly led, +Jameson's force should have got in without firing a shot, and that, +properly handled, they should not have been stopped by a much greater +number of Boers. However this is as it may be. + +It has been stated, and the statement has gained considerable +credence, that the very train which brought the deputation back to +Johannesburg after their negotiations with the Government also +brought a detachment of the State artillery with field-pieces and +a plentiful supply of ammunition to reinforce the Boers, who were +then in position to intercept Dr. Jameson, and it has further been +suggested that the obvious course for the Reform Committee to have +taken was to break up the line and to stop trains passing out towards +Krugersdorp, also to seize the telegraph and railway offices. Such +action would have been perfectly futile. As a matter of fact the +artillery and ammunition were sent direct from Pretoria by waggon, +and not through Johannesburg at all.{23} Any such action as the +seizing of the telegraph and railway offices would have been useless +in itself, if intended to aid Jameson's force, and would of course +have been a declaration of war on the part of the Committee against +the Transvaal Government, a declaration which they were not able to +back up by any effective measures. A partially successful attempt +was made to blow up the line between Johannesburg and Krugersdorp by +individuals who thought that they would be rendering a service to the +cause, and who did not stop to calculate the full effects of their +action. + +During the afternoon of Wednesday, while the deputation were still +engaged in negotiation with the Government Commission, the messenger +despatched by Sir Jacobus de Wet, British Agent in Pretoria, to +deliver the High Commissioner's proclamation to Dr. Jameson, arrived +in Johannesburg, and applied at the Reform Committee rooms for an +escort through the lines of defence, showing at the same time the +passport given him by the Commandant-General to pass him through the +Boer lines. It was immediately decided to take advantage of the +opportunity in order to bring further pressure to bear upon Dr. +Jameson to induce him to leave the country peacefully, and to make +finally and absolutely sure that he should realize the true position +of affairs. Mr. J. J. Lace, a member of the Reform Committee, +volunteered to accompany the messenger to explain to Dr. Jameson the +state of affairs in Johannesburg and to induce him to return while +there was yet a chance of retrieving the position. On the return of +the deputation this action of the rest of the Committee was cordially +approved and was found to be in entire accord with the attitude taken +up by them in their dealings with the Government. + +If any evidence were needed as to the sincerity and singleness of +purpose of the Committee, the action taken by the deputation in +Pretoria and the rest of the Committee in Johannesburg, whilst +acting independently of each other and without any opportunity of +discussing matters and deciding upon a common line, should be +sufficient. If the Committee as a whole had not been following an +honest and clearly-defined policy they would have inevitably come to +grief under such trying circumstances. As a matter of fact, the steps +taken during Wednesday by the two sections acting independently were +wholly in accord. + +In the course of the day it became known that Dr. Jameson had caused +to be published the letter of invitation quoted in another chapter, +and from this it was clear to those who knew the circumstances under +which the letter was given that he had deliberately started in +violation of the agreement entered into, that he had thrown +discretion to the winds, and decided to force the hands of the +Johannesburg people. The result of this was that among the leaders it +was realized that Dr. Jameson was playing his own hand with complete +indifference to the consequences for others; but the vast majority of +the Rand community could not possibly realize this, and were firmly +convinced that the invading force had come in in good faith, +believing the community to be in extreme peril. + +In sensational matters of this kind it is very often the case that a +single phrase will illustrate the position more aptly than chapters +of description. It is unfortunately also the case that phrases are +used and catch the ear and survive the circumstances of the time, +carrying with them meanings which they were never intended to convey. +In the course of the events which took place in the early part of the +year many such expressions were seized on and continually quoted. +Among them, and belonging to the second description above referred +to, is the phrase 'Stand by Jameson.' It was never used in the sense +of sending out an armed force to the assistance of Dr. Jameson, +because it was recognized from the beginning that such a course was +not within the range of possibility. The phrase was first used in +the Executive Council Chamber when the deputation from the Reform +Committee met the Government Commission and Mr. Lionel Phillips +explained the nature of the connection between the Johannesburg +people and the invading force. After showing that the Rand community +were not responsible for his immediate action, and after +acknowledging that he was on the border with the intention of +rendering assistance if it should be necessary, he said that the +Uitlanders nevertheless believed that, owing to circumstances of +which they were ignorant, Dr. Jameson had started in absolute good +faith to come to their assistance, and for that reason they were +determined to stand by him. For that reason they offered their +persons as security for his peaceful evacuation of the country--a +course which was then, and is still, deemed to be 'standing by him' +in as effective and practical a manner as it was possible for men in +their position to do. + +The reproach levelled at the Reform Committee by members of the +Transvaal Government ever since the surrender of Dr. Jameson is +that, whilst professing not to support hostile action against the +State, and whilst avowing loyalty to the Republic, the people of +Johannesburg did not give the logical and practical proof of such +loyalty that the Government were entitled to expect; that is, they +did not take up arms to fight against the invaders. It is scarcely +necessary to say that such a preposterous idea never entered the +minds of any of the Uitlanders. When all is said and done, blood is +thicker than water, alike with the Uitlanders as with the Boers. The +Boers have shown on many occasions that they elect to side with their +kin on the promptings of their heart rather than support those whom +their judgment shows them to be worthy of their assistance. Had the +Uitlanders been sufficiently armed there can be no question that +rightly or wrongly they would have sided with Jameson, and would have +given him effective support had they known that he needed it. Had he +ever reached Johannesburg the enthusiasm would have been wild and +unbounded, and, however much the cooler heads among the community +might realize that such a partial success might have proved a +more serious misfortune than the total failure has been, no such +considerations would have weighed with the community in general; and +the men who were aiming at practical and lasting good results, rather +than cultivating popular enthusiasm, would have been swept aside, and +others, more in accord with the humour of the moment, would have +taken their places. + +It is useless to speculate as to what would have happened had Dr. +Jameson reached Johannesburg. The prestige of success might have +enabled him, as it has enabled many others, to achieve the apparently +impossible and compel the acceptance of terms which would have +insured a lasting peace; but as Johannesburg had neither arms +nor ammunition, especially the latter, commensurate with the +requirements of anything like severe fighting, even for a single day, +and as the invading force had not more than enough for its own +requirements, it is difficult to conceive that anything but disaster +could have followed. + +Throughout the troubles which followed the invasion it was not the +personal suffering or loss which fell to the lot of the Johannesburg +people that touched them so nearly as the taunts which were unjustly +levelled at them for not rendering assistance to Dr. Jameson. The +terms, 'cowards,' 'poltroons,' and 'traitors,' and the name of +'Judasburg,' absolutely undeserved as they were known to be, rankled +in the hearts of all, and it was only by the exercise of much +self-denial and restraint that it was possible for men to remain +silent during the period preceding Dr. Jameson's trial. Extremely +bitter feeling was roused by the tacit approval given to these +censures by the officers of the invading force, for their continued +silence was naturally construed to be tacit approval. 'Not once,' +said one of the Reformers, 'has a single member of Dr. Jameson's +party come forward and stated that the imputations on the Reformers +were undeserved; yet we gave them the benefit of every doubt, and +tried throughout to screen them, whilst all the time the Doctor and +at least three of his companions knew that they had started to "make +their own flotation." That is not cricket.' + +It has been urged on behalf of Dr. Jameson that he could not have +been asked to state prior to his trial that he never expected or +arranged for help from Johannesburg--that his case was already a +sufficiently difficult one without embarrassing it with other +people's affairs. Yet it was noted in Johannesburg that, when a +report was circulated to the effect that he had started the invasion +on the instructions of Mr. Cecil Rhodes, he and another officer of +his force wrote jointly to the English papers to say that there was +no truth whatever in the statement. The consequences of taking upon +himself the responsibility for initiative in this way, while he +had yet to undergo his trial, were far more serious than would have +followed a simple statement to the effect that injustice was being +done to the Rand community in the charges of cowardice laid against +it. It was felt then, and the feeling has not in any way abated, +that Dr. Jameson regarded the fate and interests of the people of +Johannesburg with indifference, looking upon them merely as pawns +in a game that he was playing. It was only Mr. Rhodes who took an +opportunity to say that 'the Johannesburg people are not cowards; +they were rushed.' + +The general public did not know the circumstances under which Dr. +Jameson had agreed to remain on the frontier. They did not know that +telegrams and messengers had been despatched to stop him, nor was it +felt advisable to inform them of these steps at a time when matters +had seemingly gone too far to be stopped. It was considered that any +statement of that kind put forth at that particular juncture would +simply tend to create a panic from which no good results could +accrue, and that, as Dr Jameson had cast the die and crossed his +Rubicon, as little as possible should be done needlessly to embarrass +him. Suggestions were continually being made, and have been and are +still being frequently quoted, to the effect that a force should be +sent out to create a diversion among the Boer commandoes in Jameson's +favour. Suggestions were made by men who had not the remotest idea of +the resources at the command of the Committee, or who did not stop to +think of what might have happened had Johannesburg been depleted of +its armed force, and so left at the mercy of a few hundred Boers. +There were always, as there will always be, men prepared for any +reckless gamble, but this course was most earnestly considered time +after time by the Committee when some fresh suggestion or development +seemed to warrant a reconsideration of the decision already arrived +at not to attempt any aggressive measures. Finally the matter was by +common consent left in the hands of Colonel Heyman, an officer who +has rendered distinguished service in South Africa, and whose +reputation and judgment were acknowledged by all. This course was the +more readily agreed to since Colonel Heyman was by none more +highly thought of than by Dr. Jameson himself. The decision given by +him was that the invading force, properly led, drilled and equipped +as it was, was a far stronger body than the entire force enrolled +under the Reform Committee, and that it would require a very large +force indeed of burghers to stop it. If Dr. Jameson had thought that +he would need help there had been ample time for him to send a fast +mounted messenger to Johannesburg. He had not done so; and it was +therefore to be presumed that as he had taken upon himself the +responsibility of invasion he was prepared for all contingencies; +but, apart from this, the force available in Johannesburg, which +would be in a few days a very good one behind earthworks, was at that +moment utterly unfit to march out in the open. It would in its then +condition, and with no equipment of field-pieces, be liable to be +annihilated by a relatively small number of Boers before it should +reach Dr. Jameson. It was decided, however, that, should fighting +take place within such distance from the town that men could be taken +from the defences without endangering the safety of the town, a force +should be taken out at once. + +Fault has repeatedly been found with the military organization in +Johannesburg for not having been well served by an Intelligence +Department, and for not knowing from day to day what the whereabouts +and position of Dr. Jameson's forces were. + +The reply to this is that the Johannesburg people had only two days +in which to look after themselves and protect themselves in the +crisis in which Dr. Jameson's action had plunged them; that as a +matter of fact strenuous efforts were made to establish communication +with the invading force; that the Intelligence Department--which, +considering how short a time was available for its organization, was +by no means unsatisfactory--was employed in many directions besides +that in which Dr. Jameson was moving; that some success was achieved +in communicating with him, but that the risks to be taken, owing to +the imperative necessity of saving time at almost any cost, were +greater than usual and resulted in the capture of eight or ten of the +men employed in the endeavour to communicate with Dr. Jameson alone; +and finally, that since he had seen fit to violate all the +arrangements entered into and dash into the country in defiance of +the expressed wishes of the people, whom he was bent on rescuing +whether they wished to be rescued or not, the least that could be +expected of him and of his force was that they should acquaint +themselves with the road which they proposed to travel and take the +necessary steps to keep the Johannesburg people posted as to their +movements. + +It has been urged by a prominent member of the invading force--not +Dr. Jameson--that since the force had been kept on the border for +some weeks with the sole object of assisting Johannesburg people when +they should require assistance, the very least that they were +entitled to expect was that someone should be sent out to show them +the road and not leave them to go astray for want of a guide. To this +it was replied that a force which had been, as they stated, on the +border for several weeks with the sole object of invading the country +by a certain road, had ample time, and might certainly have been +expected to know the road; and as for relieving Johannesburg in its +necessity, the argument might have applied had this 'necessity' ever +arisen; but since the idea was to force the hands of the Reformers, +the latter might fairly regard themselves as absolved from every +undertaking, specific or implied, which might ever have been made in +connection with the business. But at that time the excuse had not +been devised that there had ever been an undertaking to assist +Jameson, on the contrary it was readily admitted that such an idea +was never entertained for a moment; nor can one understand how anyone +cognizant of the telegram from Dr. Jameson to Dr. Rutherfoord +Harris--'We will make our own flotation by the aid of the letter +which I shall publish'--can set up any defence at the expense of +others. + +By Wednesday night it was known that Major Heany had passed through +Mafeking in time to join Dr. Jameson's force, and that, bar some +extraordinary accident, Captain Holden must have met Dr. Jameson on +his way, since he had been despatched along the road which Dr. +Jameson would take in marching on Johannesburg; and if all other +reasons did not suffice to assure the Committee that Dr. Jameson +would not be relying on any assistance from Johannesburg the +presence of one or other of the two officers above mentioned would +enable him to know that he should not count upon Johannesburg to give +him active support. Both were thoroughly well acquainted with the +position and were able to inform him, and have since admitted that +they did inform him, that he should not count upon a single man +going out to meet him. Captain Holden--who prior to the trial of +Dr. Jameson and his comrades, prompted by loyalty to his chief, +abstained from making any statement which could possibly embarrass +him--immediately after the trial expressed his regret at the unjust +censure upon the Johannesburg people and the charges of cowardice and +bad faith which had been levelled against them, and stated that he +reached Pitsani the night before Dr. Jameson started, and that he +faithfully and fully delivered the messages which he was charged to +deliver and earnestly impressed upon Dr. Jameson the position in +which the Johannesburg people were placed, and their desire that he +should not embarrass them by any precipitate action. + +Before daybreak on Thursday, January 2, Bugler Vallé, of Dr. +Jameson's force, arrived in the Reform Committee room and reported +himself as having been sent by the Doctor at about midnight after the +battle at Krugersdorp on Wednesday. He stated that the Doctor had +supplied him with the best horse in the troop and sent him on to +inform Colonel Rhodes where he was. He described the battle at the +Queen's Mine, Krugersdorp, and stated that the force had been obliged +to retreat from the position in which they had fought in order to +take up a better one on higher ground, but that the position in which +they had camped for the night was not a very good one. When +questioned as to the exact message that he had been told to deliver +he replied, 'The Doctor says, "Tell them that I am getting along all +right, but they must send out to meet me."' He was asked what was +meant by 'sending out to meet him.' Did it mean to send a force out? +Did he want help? His reply was, 'No; the Doctor says he is getting +along all right, but you must send out to meet him.' The messenger +was keenly questioned upon this point, but adhered to the statement +that the force was getting along all right and would be in early in +the morning. Colonel Rhodes, who was the first to see the +messenger, was however dissatisfied with the grudging admissions and +the ambiguous message, and expressed the belief that 'the Doctor +wants help, but is ashamed to say so.' Acting promptly on this +conviction, he despatched all the mounted men available (about 100) +under command of Colonel Bettington, with instructions to ascertain +the whereabouts of Dr. Jameson's force, and if possible to join them. + +This was done without the authority of the Committee and in direct +opposition to the line already decided upon. It was moreover +considered to be taking a wholly unnecessary risk, in view of the +fact that an attack upon the town was threatened by burgher forces on +the north-west side, and it was immediately decided by a number of +members who heard of Colonel Rhodes' action to despatch a messenger +ordering the troop not to proceed more than ten miles from the town, +but to reconnoitre and ascertain what Dr. Jameson's position was, +with the reservation that, should it be found that he actually needed +help, such assistance as was possible should of course be given him. +As a matter of hard fact it would not have been possible for the +troop to reach Dr. Jameson before his surrender, so that the action +taken upon the only message received from the invading force had no +practical bearing upon the results. + +At daybreak on Thursday morning Mr. Lace and the despatch rider sent +by the British Agent to deliver the High Commissioner's proclamation +and the covering despatch were passed through the Dutch lines under +the authority of the Commandant-General, and they delivered the +documents to Dr. Jameson in person. In reply to Sir Jacobus de Wet's +appeal Dr. Jameson said, 'Tell Sir Jacobus de Wet that I have +received his despatch; and that I shall see him in Pretoria +to-morrow.' Mr. Lace briefly informed him of the position, as he had +undertaken to do. The presence of a Boer escort and the shortness of +the time allowed for the delivery of the messages prevented any +lengthy conversation. Dr. Jameson made no comment further than to +say, 'It is too late now,' and then asked the question, 'Where are +the troops?' to which Mr. Lace replied, 'What troops do you mean? We +know nothing about troops.' It did not occur to Mr. Lace or to +anyone else that he could have meant 'troops' from Johannesburg. With +the receipt of Dr. Jameson's verbal reply to the British Agent's +despatch-carrier the business was concluded, and the escort from the +Boer lines insisted on leaving, taking with them Mr. Lace and the +despatch-rider. He offered no further remark. + + +Footnotes for Chapter V + +{22} The telegram originally read 'within twenty-four hours,' but +it was considered impossible to guarantee the time exactly, and the +alteration as above given was made, the word 'within' being +inadvertently left standing instead of 'with.' + +{23} Captain Ferreira, at one time in command of the guard over the +Reformers, informed the writer that he had formed one of the cavalry +escort. 'It is a good story,' he said, 'but what fools we would have +been to send our guns shut up in trucks through a hostile camp of +20,000 armed men--as we thought--round two sides of a triangle +instead of going by the shorter and safe road.' + + + + +CHAPTER VI. + +THE INVASION. + + +From the evidence on the trial at bar of Dr. Jameson and his +comrades, it appears that about 20th October, 1895, orders were given +to the Matabeleland Border Police to move southward. After this, +further mobilization of other bodies took place and during the first +week in December there collected at Pitsani Potlogo the body of men +from whom Dr. Jameson's invading column was afterwards selected. For +three weeks the men were continuously drilled and practised in all +warlike exercises and thoroughly prepared for the enterprise which +their leaders had in view. On Sunday, December 29, at about three in +the afternoon, the little force was paraded and Dr. Jameson read to +them the letter of invitation quoted in a previous chapter. He is +alleged by certain witnesses to have said that he had just received +this and that they could not refuse to go to the assistance of their +countrymen in distress, and he confidently appealed to the men to +support him. He said that he did not anticipate any bloodshed at all. +They would proceed by forced marching straight through to +Johannesburg, and would reach that town before the Boers were aware +of his movements, and certainly before they could concentrate to stop +him. It has been alleged by some witnesses that the men of the +Bechuanaland Border Police who advanced from Mafeking under the +command of Colonel Grey and Major Coventry were not so fully informed +as to their destination and the reasons for the movement until they +were actually in marching order to start. It would appear however +from the general summary of the evidence and from the reports of +the men who took part in the expedition, that they were informed that +the destination of the force was Johannesburg, that the object was to +render assistance to their countrymen in that town who were being +grossly misruled by the Transvaal Government and were at that time in +grievous straits and peril through having endeavoured to assert their +rights and obtain the reforms for which they had so long been +agitating, and that the immediate reason for marching was the receipt +of an urgent appeal from Johannesburg citizens, which appeal (the +letter of invitation) was duly read to them. In reply to questions as +to whether they were fighting under the Queen's orders, they were +informed that they were going to fight for the supremacy of the +British flag in South Africa. A considerable proportion of the men +declined to take part in the enterprise, and it is probably largely +due to defections at the last moment that the statement was made that +700 men had started with Dr. Jameson, whereas it appears that only +480 ever left the Protectorate. + +The following is a portion of the Majority Report of the Select +Committee on the Jameson Raid appointed by the Cape House of +Assembly: + +On the 26th December there was a sudden check. On the afternoon of +that day Colonel Rhodes telegraphs to Charter, Capetown, 'It is +absolutely necessary to postpone flotation. Charles Leonard left last +night for Capetown.' Messages to the same effect were sent from Mr. +S.W. Jameson to his brother, and from Dr. Harris for the Chartered +Company to Dr. Jameson, the latter concluding: 'So you must not move +till you hear from us again. Too awful. Very sorry.' + +As to the nature of the hitch that occurred, there is some light +thrown on it by the statement from Mr. S.W. Jameson to his brother +that any movement must be postponed 'until we have C.J. Rhodes' +absolute pledge that authority of Imperial Government will not be +insisted on,' a point that is further alluded to in Telegram No. +6,537 of Appendix QQ of the 28th December. + +Whatever the exact nature of the obstacle was, there can be no doubt +that some at least of the Johannesburg confederates were much alarmed +and took all possible steps to stay proceedings. + +In addition to urgent telegrams special messengers were sent to +impress on Dr. Jameson the necessity for delay. One of these, Captain +Holden, made his way across country. + +According to Mr. Hammond's evidence Holden arrived at Mafeking on the +28th December, and went in with the column. + +The other messenger was Captain Maurice Heany, who left Johannesburg +on the 26th December, and on the 27th telegraphed from Bloemfontein +to Charter, Capetown, informing them that 'Zebrawood' (Colonel +Rhodes) had asked him to 'stop "Zahlbar" (Dr. Jameson) till Heany +sees him,' and asking that a special train might be arranged for him. +Dr. Harris replied to Kimberley on the 28th informing him that a +special train was arranged, and added, 'lose no time or you will be +late.' + +It is in evidence that this special train was provided by the +Chartered Company, that Heany left by it, caught up the ordinary +train at Vryburg, and that he reached Mafeking at 4.30 a.m. on +Sunday, the 29th. + +The evidence is that he was coming with an urgent message to stop Dr. +Jameson; that on his arrival at Mafeking he waked up Mr. Isaacs, a +local storekeeper, and purchased a pair of field boots and a +kit-bag, and proceeded by special cart to Pitsani; and that he +subsequently on the same evening accompanied Dr. Jameson on his +inroad and was captured at Doornkop.{24} + +On the 27th, after receiving the discouraging telegrams mentioned +above from Johannesburg, Dr. Jameson telegraphed to Harris, Charter, +Capetown, 'I am afraid of Bechuanaland Police for cutting wire. They +have now all gone forward, but will endeavour to put a stop to it. +Therefore expect to receive telegram from you nine to-morrow morning +authorizing movements. Surely Col. F.W. Rhodes advisable to come to +terms at once. Give guarantee, or you can telegraph before Charles +Leonard arrived.' This doubtless alludes to the necessity for +guarantee mentioned in the message from S.W. Jameson, and the +alternative suggestion was that authority to proceed should be given +before the arrival of the Johannesburg delegate at Capetown. + +Two hours later on the same day he sends another message of the +utmost importance. He informs Harris, Charter, Capetown, as follows: +'If I cannot, as I expect, communicate with Bechuanaland Border +Police cutting, then we must carry into effect original plans. They +have then two days for flotation. If they do not, we will make our +own flotation with help of letter, which I will publish.' + +On the same day Dr. Jameson telegraphed to his brother in +Johannesburg as follows: 'Guarantee already given, therefore let J.H. +Hammond telegraph instantly all right.' + +To this Mr. Hammond sent a most positive reply absolutely condemning +his proposed action. + +As bearing upon the attitude of the force at Pitsani, it may be noted +that on the same day that the foregoing correspondence was taking +place, Mr. A. Bates was despatched from Mafeking into the Transvaal +with instructions from Major Raleigh Grey to collect information and +meet Dr. Jameson _en route._ He was supplied with a horse and money, +and seems to have done his best to carry out instructions. + +Early the next day Dr. Jameson telegraphed to Harris, Charter, +Capetown: 'There will be no flotation if left to themselves; first +delay was races, which did not exist; second policies, already +arranged. All mean fear.{25} You had better go as quickly as possible +and report fully, or tell Hon. C.J. Rhodes to allow me.' + +The reply to this was: 'It is all right if you will only wait. +Captain Maurice Heany comes to you from Col. F.W. Rhodes by special +train to-day.' And, again, two hours later, Dr. Harris for the +Chartered Company telegraphs: 'Goold Adams arrives Mafeking Monday, +and Heany, I think, arrives to-night; after seeing him, you and we +must judge regarding flotation, but all our foreign friends are now +dead against it and say public will not subscribe one penny towards +even with you as a director--Ichabod.' + +Still on the same day two further telegrams to Dr. Jameson were sent +from Capetown, almost together, of a strongly discouraging tenour. +One of them concludes by saying 'we cannot have fiasco,' and the +other informs Dr. Jameson that Lionel Phillips anticipates complete +failure of any premature action. + +On the same day Dr. Harris informs Colonel Rhodes at Johannesburg +that, 'Have arranged for Captain Maurice Heany; Dr. Jameson awaiting +Capt. Maurice Heany's arrival. Keep market firm.' + +And later: + +'Charles Leonard says flotation not popular, and England's bunting +will be resisted by public. Is it true? Consult all our friends and +let me know, as Dr. Jameson is quite ready to move resolution and is +only waiting for Captain Heany's arrival.' + +A few hours later Dr. Jameson telegraphs to Harris, Charter, +Capetown: 'Received your telegram Ichabod _re_ Capt. Maurice Heany. +Have no further news. I require to know. Unless I hear definitely to +the contrary, shall leave to-morrow evening and carry into effect my +second telegram (Appendix QQ, No. 06365) of yesterday to you, and it +will be all right.' + +On the next morning, Sunday the 29th, Heany arrived at Mafeking, and +after making the purchases detailed above, left by special cart for +the camp at Pitsani, where he probably arrived about eight o'clock +a.m. At five minutes past nine Dr. Jameson telegraphed to Harris, +Charter, Capetown: 'Shall leave to-night for the Transvaal. My reason +is the final arrangement with writers of letter was that, without +further reference to them, in case I should hear at some future time +that suspicions have been aroused as to their intention among the +Transvaal authorities, I was to start immediately to prevent loss of +lives, as letter states. Reuter only just received. Even without my +own information of meeting in the Transvaal, compel immediate move +to fulfil promise made. We are simply going to protect everybody +while they change the present dishonest Government and take vote from +the whole country as to form of Government required by the whole.' + +The force took with them provisions for one day only, relying on the +commissariat arrangements made on their behalf by Dr. Wolff _en +route._ They were well mounted and armed with Lee-Metford carbines, +and took with them eight Maxims, two seven-pounders and one +twelve-pounder. In order to facilitate quick movement no heavy +equipment was taken, and but little spare ammunition. The vehicles +attending the column were six Scotch carts and one Cape cart. The +total distance to be covered was about 170 miles to Johannesburg, or +150 miles to Krugersdorp. The start was made from Pitsani shortly +after 5 p.m., and marching was continued throughout the night. The +force consisted of about 350 of the Chartered forces under Colonel +Sir John Willoughby, Major in the Royal Horse Guards; the Hon. H. F. +White, Major 2nd Battalion Grenadier Guards; Hon. R. White, Captain +Royal Welsh Fusiliers; Major J. B. Tracey, 2nd Battalion Scots +Guards; Captain C. H. Villiers, Royal Horse Guards; and 120 of the +Bechuanaland Border Police under Major Raleigh Grey, Captain 6th +Inniskillen Dragoons, and the Hon. C. J. Coventry, Captain 3rd +Militia Battalion Worcester Regiment. The two contingents met at +Malmani at about sunrise on Monday morning, December 30. They marched +throughout that day and night and the following day, Tuesday. There +were half-hour rests about every twenty miles for rationing the men +and feeding and watering the horses, the fodder being ready for the +horses at various stores. Provisions for the men consisted of tinned +meats and biscuits. There was no lack of provisions at all; but the +men complained afterwards that they were so overcome with fatigue +from continuous marching that when they reached the resting-places +they generally lay down where they dismounted, and slept, instead of +taking the food which was ready for them. A serious fault in the +conduct of the expedition appears to have been the lack of +opportunity for rest and food afforded the men. It was contended that +the same or a higher average of speed might have been attained by +pressing on faster for spells of a few hours and allowing reasonable +intervals for rest and refreshment. Only about 130 miles had been +covered by the column during the seventy hours that they were on the +march before they were first checked by any serious opposition from +the Boers. + +On Monday, December 30, at about 1 p.m., Mr. F.J. Newton, Resident +Commissioner at Mafeking, received the following telegram from the +High Commissioner, Capetown, dated the same day: + +It is rumoured here that Dr. Jameson has entered the Transvaal with +an armed force. Is this so? If so, send special messenger on fast +horse directing him to return immediately. A copy of this telegram +should be sent to the officers with him, and they should be told that +this violation of the territory of a friendly State is repudiated by +Her Majesty's Government, and that they are rendering themselves +liable to severe penalties. + +Mr. Newton at once addressed to Dr. Jameson and each of the chief +officers with him the following letter: + +SIR, + +I have the honour to enclose copy of a telegram which I have received +from His Excellency the High Commissioner, and I have accordingly to +request that you will immediately comply with His Excellency's +instructions. + +Trooper J.T. White was despatched as soon as possible with the five +letters, enclosed in waterproof, with instructions to ride until he +caught up to Dr. Jameson and delivered the letters. He was stopped by +a party of armed Boers and taken before Landdrost Marais at Malmani, +where the despatches were opened and read. He was delayed for four +hours, and then allowed to proceed with an escort. On Tuesday morning +he crossed the Elands River and caught up the column at about 11 a.m. +He had ridden all night, covering about eighty miles. He alleges that +at first the officers would not take the letters, but eventually Sir +John Willoughby accepted and read his and the others followed suit. +He stated that he had been instructed to deliver the letters +personally, and to get a reply. Sir John Willoughby sent a message by +him stating that the despatches would be attended to. Shortly after +this Dr. Jameson also received a protest from the Commandant of the +Marico district against his invasion of the State, to which he +sent the following reply: + + _December 30, 1895._ + +SIR, + +I am in receipt of your protest of the above date, and have to inform +you that I intend proceeding with my original plans, which have no +hostile intention against the people of the Transvaal; but we are +here in reply to an invitation from the principal residents of the +Rand to assist them in their demand for justice and the ordinary +rights of every citizen of a civilized State. + + Yours faithfully + L.S. JAMESON. + +White states that this was about noon, and 'then the bugle sounded +and the column moved off.' The force continued advancing in much the +same way throughout Tuesday, and at 6 p.m. a skirmisher of the +advanced guard met Lieutenant Eloff of the Krugersdorp District +Police, who had been instructed by his Government to ride to +Mafeking, presumably for the purpose of getting information. He had +come with a guard of nine men, whom he had left some distance off; +advancing alone to meet the column. He states that when released +after two hours' delay he left the forces, and passing along the +Rustenburg road met a commando of some 300 Boers with whom he made a +circuit to avoid the column, and reached Krugersdorp before it did. +From this it is clear that the Boers were collecting in considerable +numbers to meet the invading force, and were moving with much greater +rapidity than their enemies. + +On Wednesday morning, at about 5.30, Messrs. Theron and Bouwer +(despatch riders), who had been sent by Sir Jacobus de Wet, British +Agent at Pretoria, at 1.30 p.m. on the previous day with a despatch +for Dr. Jameson, reached the column and delivered their letters, and +stated that they had been instructed to take back a reply as soon as +possible. Dr. Jameson said, 'All right; I'll give you a reply,' and +within a few minutes he handed to them the following letter: + + _January 1._ + +DEAR SIR, + +I am in receipt of the message you sent from His Excellency the High +Commissioner, and beg to reply, for His Excellency's information, +that I should, of course, desire to obey his instructions, but, as I +have a very large force of both men and horses to feed, and having +finished all my supplies in the rear, must perforce proceed to +Krugersdorp or Johannesburg this morning for this purpose. At the +same time I must acknowledge I am anxious to fulfil my promise on the +petition of the principal residents of the Rand, to come to the aid +of my fellow-men in their extremity. I have molested no one, and have +explained to all Dutchmen met that the above is my sole object, and +that I shall desire to return at once to the Protectorate. I am, +etc., + + (Signed) L.S. JAMESON. + +At about 10.30 a.m. on the same day (January 1) two cyclists, Messrs. +Celliers and Rowland, carrying despatches from members of the Reform +Committee, met the column. The letters were received by Dr. Jameson, +and taken with him as far as Doornkop, where, upon surrender of the +force, they appear to have been torn up. With that good fortune which +seems to have followed the Boers throughout this business, these torn +fragments were picked up on the battle-field by a Boer official four +months later, having remained undisturbed during the severe rain and +wind storms of the wet season. Some portions were missing, but the +others were pieced together and produced in evidence against the +Reform prisoners. The letters are printed hereunder as they were +written, as testified by the writers, and, in the case of the first +one, by others who read it before it was despatched. The italics +represent the fragments of the letters which were never found:{26} + +DEAR DR. + +The rumour of massa_cre in_ Johannesburg that started yo_u to_ our +relief was not true. We a_re all_ right, feeling intense. We have +armed a lot of men. Shall be very glad to see you. _We are_ not in +possess_ion of the_ town. _I shall send out some_ men to +_You are a fine_ fellow. Yours ever + +F.R.{27} + +We will all drink a glass along _o_' you. + +L.P.{28} + +31st, 11.30. Kruger has asked for _some of us to_ go over and treat: +armistice for _24 hours agreed_ to. My view is that they are in a +funk at Pretoria, and they were wrong to agree from here. + +F.R.{27} + +DR. JAMESON. + +[Illustration. Caption: The above are reproductions of photographs of +the documents now in possession of the Transvaal Government. For the +report of the expert, Mr. T.H. Gurrin, as submitted to the Select +Committee of the House of Commons, see Appendix L.] + +It may be noted that the tone of this correspondence does not appear +to be in accord with the attitude taken up by the Reform +Committee. The letters however were written on Tuesday the 31st, when +there was a general belief that Dr. Jameson had started in good +faith, misled by some false reports. In the second letter Colonel +Rhodes expresses the opinion that it was wrong to agree to send in +a deputation to meet the Government. This was written before the +deputation had gone to Pretoria, and clearly implies that the moral +effect of treating would be bad. The phrasing also shows that the +so-called armistice was for the purpose of treating, and not the +treating for the purpose of securing an armistice: in other words, +that the armistice would expire, and not commence, with the treating. + +From the evidence given by the cyclist Rowland, it appears that he +stated to Dr. Jameson that he could get 2,000{29} armed men to go out +to his assistance; and Rowland in evidence alleged further that there +was some offer of assistance in one of the despatches, and that Dr. +Jameson, in reply, said he did not need any assistance, but that if +2,000 men should come out probably the Boers would draw off. This +witness in his evidence at Bow Street also alleged that one of the +despatches expressed surprise at Dr. Jameson's movement. There is now +a complete record of these despatches. They make no allusions to +giving assistance, and the Johannesburg leaders are very clear on the +point that no promise or offer of assistance was ever made. The reply +which Dr. Jameson caused to be sent was concealed in one of the +bicycles, which were seized by the Boer authorities on the return +ride of the despatch-carriers, and was not brought to light until the +following March, when a mechanic who was repairing the broken bicycle +discovered it. + +The much-debated question of whether assistance was ever promised or +expected should be finally disposed of by the publication of two +documents which have not heretofore appeared in print. They are _(a)_ +the reply of Dr. Jameson to Colonel Rhodes' letters, and _(b)_ the +report of Mr. Celliers, the cyclist despatch-rider who took the +letter and received the reply, which report was taken down in +shorthand by the clerks in the Reform Committee room as it was +made verbally by him immediately on his return. Both these records +dispose of Mr. Rowland's statement about 2,000 men; and apart from +this it should be observed that Mr. Celliers was the messenger sent +by Colonel Rhodes and not Mr. Rowland; the latter having been later +on picked up 'for company,' was presumably less qualified to speak +about the instructions and messages than Celliers, from whom indeed +he learned all that he knew. + +The letter was written by Col. H. F. White in the presence of the +cyclists, and partly at the dictation of Dr. Jameson. It was in the +form of a memorandum from Col. H. F. White to Col. Frank Rhodes, and +bore no signature; but the last line was in Dr. Jameson's +handwriting, and was initialed by him. It ran as follows: + +As you may imagine, we are all well pleased by your letter. We have +had some fighting, and hope to reach Johannesburg to-night, but of +course it will depend on the amount of fighting we have. Of course we +shall be pleased to have 200 men meet us at Krugersdorp, as it will +greatly encourage the men, who are in great heart although a bit +tired. Love to Sam, Phillips, and rest, + + L. S. J. + +Mr. Celliers' report--after detailing the incidents of the ride +out--runs: + +... I reached the column between 9 and 10 o'clock. I saw Dr. Jameson +personally. He received us very well, and was very glad with the news +I brought him. He read the despatch, and asked me for full details. I +told him the strength of the Boers and the dangers he was in. I told +him that they had no guns, and all that I saw and heard that they had +during my travels. I explained to him everything in detail. The +Doctor seemed to be very brave. He told me that he had two +scrimmages, and that no damage had been done. I said to him whether +it would not be well for him to halt until we got through and sent +him some help. The Doctor said he did not think there was anything to +fear, and at the same time he did not want to go to Johannesburg as a +pirate, and it would be well for them to send some men to meet him. I +also made inquiries as to whether I could return by any other road, +but found it was impossible, and that we had to come back the same +way. I got his despatch, shook hands with him, wished us well, and +set on our journey back. + +The report, which is given above literally as transcribed from the +shorthand notes, concludes with an account of the return journey. +Mr. Celliers in a subsequent statement confirmed the above, +and added: + +The impression which the Doctor gave me most certainly was that he +had never expected help and did not want it.{30} + +The march continued on towards Krugersdorp. At one or two places a +few shots were fired by Boer pickets, and on one occasion the Maxims +of the invading force were turned on a party of some fifty Boers +ensconced in a good position. No casualties however occurred until +Krugersdorp was reached at 3 p.m. on Wednesday. A message was sent by +Sir John Willoughby to the authorities at Krugersdorp that if he +encountered any opposition he would shell the town, and he warned +them to have their women and children removed. + +Shortly after mid-day positions were taken up on the hills pear +Krugersdorp, and at three o'clock severe fighting took place which +lasted well on into the night. An ambush at the crushing mill and +works of the Queen's Mine was shelled and an attempt was made to +storm it by a small party of the invaders. It was unsuccessful +however, and after nightfall Dr. Jameson's force was obliged to +retreat from its position and seek a more advantageous one on higher +ground. + +They had suffered a reverse at the hands of a somewhat larger force +of Boers who had selected a very strong position. Firing did not +cease until 11 p.m. Here it is alleged the fatal military mistake of +the expedition was committed. No precautions had been taken to +ascertain the road. Instead of being well acquainted with the +direction to be taken the force was dependent upon a guide picked up +on the spot, a man who was never seen after the events of the +following day and is freely alleged to have been a Boer agent. It is +stated by competent judges that, had Dr. Jameson's force pushed on +during the night on the main road to Johannesburg, they would have +succeeded in reaching that town without difficulty. As it was however +they camped for the night in the direction of Randfontein and in the +early morning struck away south, attempting a big detour to avoid the +road which they had tried to force the previous night. There is but +little doubt that they were shepherded into the position in which +they were called upon to fight at Doornkop. The following description +of the Doornkop fight was written by Captain Frank Younghusband, the +correspondent of the London _Times_, who was an eye-witness: + +Galloping over the rolling open grassy downs in search of Dr. +Jameson's force which was expected to arrive at Johannesburg at any +moment, my companion Heygate and myself saw between us two forces, +both stationary. Then one began to move away and from the regularity +of its movement we recognized that this must be Dr. Jameson's trying +to round the opposing Boer forces. We found a Boer guard holding the +only ford across the stream; so going up to the Commander we asked +for news. He, after questioning us, told us all that had occurred. + +He was a field-cornet from Potchefstroom, and leader of one division +of the Boers. He said that yesterday, January 1, Dr. Jameson had +attacked the Boer force at the George and May Mine, two miles +north-west of Krugersdorp, a small mining township twenty-one miles +west of Johannesburg. Fighting took place from three in the afternoon +to eleven at night, Dr. Jameson making three principal attacks, and +doing great damage with his artillery, which the Boers, having then +no guns, were unable to reply to. + +My informant, the Boer leader, said that both then and to-day Dr. +Jameson's men behaved with great gallantry, and he also said that +admirable arrangements had been made at Krugersdorp for nursing the +wounded on both sides. + +This morning the Boers took up a position at Vlakfontein, eight miles +on the Johannesburg side of Krugersdorp, on a circuitous road to the +south by which Dr. Jameson was marching. The Boers in the night had +been reinforced by men and with artillery and Maxims. Their position +was an exceedingly strong one on an open slope, but along a ridge of +rocks cropping out of it. It was a right-angled position and Dr. +Jameson attacked them in the re-entering angle, thus having fire on +his front and flank. + +To attack this position his men had to advance over a perfectly open +gently-sloping grassy down, while the Boers lay hid behind rocks and +fired with rifles, Maxims, and artillery upon their assailants. The +Boers numbered from 1,200 to 1,500, Dr. Jameson's force about 500, +and the position was practically unassailable. + +Dr. Jameson, after making a desperate effort to get through, +surrendered, and as we stood we saw his brave little band riding +dejectedly back again to Krugersdorp without their arms and +surrounded by a Boer escort. + +We were allowed to ride close up, but were refused permission to see +Dr. Jameson. It is therefore impossible to state his full reasons, +but it is known that he was made aware that it was impossible to send +assistance from here, and this may have influenced him in giving +up the contest when he found the enemy's position so strong that +in any case it would have been no disgrace to have been beaten by +superior numbers of such a brave foe as that Boer force which I +saw in the very position they had fought in. It was evident that +probably no one had ever started on a more desperate venture than +had this daring little force, and they gained by their gallantry the +adoration, not only of the Boer burghers who spoke to me, but of the +whole town of Johannesburg. + +These Boers--rough, simple men, dressed in ordinary civilian clothes, +with merely a rifle slung over the shoulder to show they were +soldiers--spoke in feeling terms of the splendid bravery shown by +their assailants. They were perfectly calm and spoke without any +boastfulness in a self-reliant way. They said, pointing to the +ground, that the thing was impossible, and hence the present result. + +The total loss of Dr. Jameson's force is about twenty. Major Grey +was, they said, the principal military officer, and they thought that +no officer was killed, and that the report that Sir John Willoughby +had been killed was unfounded. He and Dr. Jameson have been taken to +Pretoria. + +At 9.15 o'clock the white flag was put up. Sir J. Willoughby, the +officer in command of the force, then sent the following note +addressed to the Commandant of the Transvaal Forces: + +We surrender, provided that you guarantee us safe conduct out of the +country for every member of the force. + + JOHN C. WILLOUGHBY. + +A reply was sent within fifteen minutes, of which the following is a +literal translation: + +OFFICER,--Please take note that I shall immediately assemble our +officers to decide upon your communication. + + COMMANDANT. + +Twenty or thirty minutes later a second note was received by the +surrendering force, addressed 'John C. Willoughby': + +I acknowledge your letter. The answer is that, if you will undertake +to pay the expense which you have caused the South African Republic, +and if you will surrender with your arms, then I shall spare the +lives of you and yours. Please send me a reply to this within thirty +minutes. + + P. A. CRONJÉ. + _Commandant, Potchefstroom._ + +Within fifteen minutes of the receipt of this letter, Sir J. +Willoughby replied, accepting the conditions in the following terms: + +I accept the terms on the guarantee that the lives of all will be +spared. I now await your instructions as to how and where we are to +lay down our arms. At the same time I would ask you to remember that +my men have been without food for the last twenty-four hours. + +'The flag sent with the first message (to quote the statement made on +behalf of Sir J. Willoughby by his solicitor, Mr. B.F. Hawksley) was +sent perhaps a little earlier than 9.15. Dr. Jameson's force ceased +firing as soon as the flag was hoisted, except on the extreme right. +Messengers were sent to stop that firing, and all firing ceased +within five minutes. The Boers continued to fire for some ten +minutes, and for some time after Jameson's force had ceased. After +Sir J. Willoughby had received the first answer the State Artillery +opened fire and continued firing for at least fifteen minutes. Sir J. +Willoughby sent Colonel the Hon. H. White and Captain Grenfell to the +Commandant with a note requesting to know the reason for firing on a +flag of truce, and requesting that it might cease. Sir J. Willoughby +has no copy of the letter he wrote accepting the conditions offered +by Cronjé, but it was to the effect above given. 'Besides Cronjé, +Commandant Malan was acquainted with the terms of surrender, for +_after Jameson's force had given up their arms_ Commandant Malan came +up and repudiated part of the terms, saying he would not guarantee +the lives of Jameson and the leaders, and that they would be handed +over to General Joubert, who would decide their fate.' + +The decision having been announced to the forces, and many of the men +having stacked their arms and dropped off to sleep where they lay in +the veld, several other commandants joined Cronjé, and an altercation +took place in the presence of the surrendered officers, Commandant +Malan of Rustenburg violently proclaiming that Cronjé had no +right to spare the lives of the force, and that it lay with the +Commandant-General and Krijgsraad (or War Council) to decide what +should be done with the prisoners. Commandant Cronjé replied that +they had surrendered to him upon certain conditions, and those +conditions had been accepted by him. In the course of the discussion, +in which several other prominent Boers joined, disapproval was +generally expressed of Cronjé's acceptance of the terms and threats +were used to Dr. Jameson in person. Eye-witnesses on the Boer +side state that Dr. Jameson declined to discuss the matter further; +he merely bowed and walked away. It may be remarked that it is not by +any means unusual for the Boers to seek to stretch to their advantage +terms which they have previously agreed upon. There can now be no +question as to the conditions of the surrender. The officer in +command on the field agreed to spare the lives of the entire force, +and it was not competent for anyone to reverse that decision or to +reopen the question. The incident is instructive, and also important +since the lives of Dr. Jameson and his men were made to play a +considerable part in President Kruger's game of magnanimity later +on.{31} + +The Johannesburg _Star_ correspondent, describing the surrender, +says: + +There were upwards of 400 altogether, and the poor fellows made a +sorry sight--tired from their long march, their privations, and the +tremendous strain of continuous engagements for nearly twenty-four +hours. Some almost slept in their saddles as they were being +escorted; and when they arrived on Krugersdorp Market Square the +scene will not soon be forgotten. + +The Boers freely mixed with them and talked with them. Provisions +were brought, and devoured with ravenous hunger. In many cases the +Boers gave from their own scant stock of provisions to the starving +men, for whom they expressed the utmost admiration for their +pluckiness and determination. + +Dr. Jameson and his principal officers, including Sir John +Willoughby, were brought in separately from the main body of the +captured troops. Although the Boers treated most of the prisoners +with consideration, they jeered somewhat when Dr. Jameson was brought +forward; but this was promptly suppressed by the Commandants. Dr. +Jameson and the officers were temporarily housed in the Court-house, +together with the other officers captured previously. + +A mule-waggon was brought up, fitted with mattresses. The chief +officers were despatched to Pretoria under a strong escort of Boers. +About half an hour later the rest of the prisoners were also escorted +out of the town to Pretoria, most of them on their own horses. Both +men and horses were extremely emaciated. + +The burgher losses were reported to have been 4 killed and 5 wounded. +The losses of Dr. Jameson's force were 18 killed and about 40 +wounded. + +There were also taken: 400 magazine and Lee-Metford rifles, 8 Maxims +(one spiked, or with the breach-piece gone), 4 field-pieces, 33,000 +rifle cartridges, 10 cases of Maxim cartridges, 10 cases of +projectiles, 2 sacks of projectiles, 300 cartridge-belts, 13 +revolvers, 4 mule-waggons, 5 Scotch carts, 742 horses (in which were +included the 250 horses which were captured in charge of two troopers +near Blaaubank), a full-blooded stallion (the property of Dr. +Jameson), 400 saddles, bridles etc., 38 mules with harness, 1 +telegraph instrument (probably to tap wires with), harness and other +accoutrements and instruments of war. + +The prisoners were treated with every consideration by their captors, +with the exception perhaps of Dr. Jameson himself, who was threatened +by some of the unruly ones and freely hissed and hooted, but was +protected by the officers in charge. It must be said of the Boers +that they acted with admirable self-restraint and dignity in a +position such as very few are called upon to face. However politic +their actions may have been in their fear of provoking conflict with +Johannesburg and the Imperial Government, however the juggling with +Dr. Jameson's life afterwards and the spurious magnanimity so freely +advertized, may detract from what they did and may tend to bring +ridicule and suspicion upon them, one cannot review the broad facts +of the Jameson invasion, and realize a position which, if only for +the moment, gave the aggrieved party unlimited scope for revenge upon +an aggressor who had not the semblance of personal wrong or interest +nor the pretext of duty to justify his action, without allowing to +the Boers that they behaved in such a manner as, for a time, to +silence even that criticism which is logically justifiable and +ultimately imperative. In so far as the invading force are concerned, +the words of Mr. A. J. Balfour aptly sum up the position: 'President +Kruger has shown himself to possess a generosity which is not the +less to be admired because it is coincident with the highest +political wisdom.' + +With reference to the surrender of the force, it is reasonable to +believe that the Transvaal Government, knowing how serious the +complications would be if civil war actually took place, and +believing as they undoubtedly did that Johannesburg contained upwards +of 20,000 armed men, were quite willing--indeed anxious--to secure +the surrender of Dr. Jameson's force on any terms, and that the +conditions made by Cronjé were quite in accordance with what the +highest Boer authorities would have accepted. It seems to be beyond +question also that the conditions of surrender were purposely +suppressed in order to enable the President to bargain with +Johannesburg; and, as has already been stated, such action +materially detracted from the credit due to the Transvaal Government. +This is their characteristic diplomacy--the fruit of generations of +sharpening wits against savages; and the same is called Kaffir +cunning, and is not understood at first by European people. But when +all such considerations are weighed, there is still a large balance +of credit due to the Boers for the manner in which they treated +Dr. Jameson and his invading force. It is difficult to conceive of +any people behaving better to a foe vanquished under such conditions; +indeed, it would be quite impossible. + +The Boers when under control of their leaders have generally behaved +in an admirable manner. It is only when the individuals, unrestrained +by those in authority, are left to exercise their power at the +dictates of their own uncurbed passions, that the horrible scenes +have occurred which have undoubtedly blemished their reputation. + +In connection with the Jameson raid there was one such incident--the +shooting of Trooper Black. The unfortunate man fell into the hands of +the Boers while out scouting and was taken as a prisoner to a +farmhouse near Blaaubank. There he was tied up and beaten, and it is +stated by a woman who gave him water when he was half mad with +thirst, that his face had been smashed by a blow from a rifle butt. +When unable to bear the treatment any longer Black stood up and, +tearing his shirt open, cried out, 'Don't shoot me in the back! Shoot +here! My heart's in the right place.' He was then untied and (as +alleged by Dutch witnesses) given an opportunity to escape. He +mounted his horse, but before he had gone far was shot dead. On the +appeal of Sir Jacobus de Wet the Government consented to investigate +the matter; but the Commandant in charge, Piet Grobler, when +questioned on the subject, merely replied, 'Oh, he [Black] was a very +insolent fellow. We could do nothing with him.' The man who fired the +shot despatching Black, a half-caste Boer named Graham, stated on his +return from Pretoria that he was asked no questions at the so-called +inquiry. + +A somewhat similar incident took place, but fortunately with less +serious results, on the way from the battle of Krugersdorp. A +well-known resident of Johannesburg had ridden out to ascertain news +of Dr. Jameson, and, arriving as the surrender took place, thrust his +way among the Boers until he reached the Doctor, where he was +arrested by the Boer authorities as a spy. Being a burgher of the +State who had been resident in the Transvaal for some sixteen or +seventeen years, he was recognized and rather harshly treated. He was +attached by a leather thong to the saddle of one of the Boer +Commandants and made to run, keeping pace with the horse. After a +spell of this treatment he was released, and the Commandant in +question offered to make a bet with him that he would not be able to +race him on horseback to the ambulance waggons a few hundred yards +off, the prisoner to take a short cut across a swamp and the +Commandant to ride round by the road. The prisoner thereupon replied, +'No, thank you, Commandant. I was in the Boer War myself and saw +several men shot by that dodge, on the pretence that they were +escaping.' The worthy Commandant thereupon drew his stirrup from the +saddle, and thrashed his prisoner with the stirrup end. After some +ten days' imprisonment under exceptionally hard conditions the +gentleman in question was released without trial. + +The complete success of the Boer forces against Dr. Jameson's band +has been accounted for in many ways, but undoubtedly the one reason, +if one can be selected, which enabled them to deal with the invaders, +was their ability to mobilize at short notice. And in this connection +arises the question: Did the Boers know beforehand of the intended +invasion, and were they waiting until Dr. Jameson should walk into +the trap? On behalf of the Boers it is strenuously maintained that +they had not the remotest notion of what was brewing, and that had +such an idea occurred to them they would of course have reported +matters to the High Commissioner. The President's unyielding mood +before he heard of Dr. Jameson's start, and his change afterwards, +the state of demoralization in Pretoria, the unpreparedness of the +State Artillery, and the vacillation of General Joubert, the +condition of alarm in which the President was during that night of +suspense before the surrender, when Chief Justice Kotzé sat with him +to aid and cheer, and when the old white horse stood saddled in the +stable in case Johannesburg should attack Pretoria; all point to the +conclusion that it was not all cut and dried. With a singular +unanimity, the Boers and their friends and the majority of the +Uitlanders in the Transvaal support this view; but there are on +record certain facts which are not to be ignored. Apart altogether +from the hearsay evidence of telegraphists and Boer officials in +different parts of the country, who state that they were under +orders from Government to remain at their posts day and night--that +is to say to sleep in their offices--a fortnight before the Jameson +raid took place, a significant piece of evidence is that supplied by +the Transvaal Consul in London, Mr. Montagu White, who in a letter to +the London Press stated that on December 16 he received information +as to the plot against the independence of the Republic, and that he +on that date cabled fully to President Kruger warning him of what was +in contemplation, and that the President took the necessary +precautions. Now, on December 14 it was announced in Pretoria that +the President, being greatly in need of a rest and change, was about +to undertake a tour through the country to visit his faithful +burghers. Perusal of the newspapers of the time shows that among the +Uitlanders no significance was attached to this visit. Indeed, the +Uitlander press agreed that it had become painfully evident that His +Honour required a change in order to restore his nervous system. As +nothing can better represent the opinions of the time than the +current comments of the Press, the following extracts from the +Johannesburg _Star_ are given: + +In short, His Honour is developing an ungovernable irritability and a +tendency to choleric obsessions, when the word 'Uitlander' is barely +mentioned in his presence, that are causing the greatest concern to +those around him. Only on some such grounds are explicable the raging +exclamations he is reported to have permitted himself to lately use +towards Johannesburg and the cause of reform upon which it is so +earnestly engaged. That His Honour should have been generally +credited with indulging in unconventional vernacular terms concerning +the pronouncedly loyal and hearty reception accorded to him on his +visit to the Rand Agricultural Show, seems to argue a lapse into the +habits of his youngest days, which has a direct significance in the +case of ordinary individuals, and is known by a very familiar name. +That he should tragically declare that only across his bleeding +corpse will the Uitlander ever come into his own, is merely the +extravagant and regrettable melodrama of an overheated mind. The +general desire is quite averse to encountering any stepping-stones of +that kind, and most of all averse to Mr. Kruger's taking any such +place. Our quarrel is with principles and systems, and never yet has +a note of personal vengeance been sounded whilst we have endeavoured +to compass their destruction. It is quite obvious that a little +relaxation from the cares of State, or reversion to more primitive +conditions, a freer communion with Nature--viewed from an +ox-waggon--are eminently desirable to restore His Honour's shattered +nerves.--_December 14, 1895._ + + +AT HIS POST. + +His Honour the President has returned to the seat of Government. The +itinerary appears to have been somewhat prematurely cut short; but no +one is likely to so ridiculously underestimate the sterling qualities +of His Honour as to conceive the possibility of his absence when +difficulty and danger imperatively command his presence at the head +of public affairs. The conclusions which Mr. Kruger has derived from +converse with his faithful burghers are likely to remain buried in +his own breast. The outward and ostensible object of his recent tour +has been fulfilled in much the accustomed manner; that is to say, he +has discussed with apparent interest the necessity for a pont here or +a bridge there; the desirability of Government aid for tree-planting, +the trouble which the farmers experience in getting native labour, +and so forth, and so on; but we must not derive from all this +peripatetic fustian the erroneous impression that His Honour has been +vacuously fiddling on the eve of a conflagration. The real business +which took him to Lydenburg and Middelburg has no doubt been +satisfactorily accomplished. Boer sentiment has been tested in +secret, and the usual professions of fervid patriotism and of +readiness for target practice with the Uitlander as the mark have +been profusely evoked. This sub-official aspect of the itinerary has +been discreetly veiled in all the reports which have been permitted +to transpire, and the censorship thereof has been more than normally +exacting and severe; but we are from private sources left in no +manner of doubt that Mr. Kruger has been canvassing and stimulating +the Boers to be ready for any emergency, and has been metaphorically +planting a war-beacon on every hill. All scrutiny and inquiry fail to +discover that he has uttered one single word which can be described +as an emollient to the present critical situation. He has pandered +rather to the worst racial passions of the Boer, instead of using the +enormous responsibility resting upon him in the direction of +mediation. Old patriarchs--whom we cannot but respect and admire +whilst we deplore their immitigable and hopeless rancour against the +cause of the newcomer--have been permitted, apparently without +rebuke, to show their wounds to the younger and more malleable +generation in His Honour's presence, and to boast of their readiness +to receive as much more lead as they can conveniently find room for. +The tour, indeed, has been a _wapenschouwing_, with oratory of the +most dangerous and pernicious type for its accompaniment. His +Honour's contribution to this interesting display of martial ardour +has been couched, as usual, in the enigmatic form. He has spoken +another parable. A mind so fertile in image and in simile cannot have +lost much of its wonted vigour. The one he has chosen to employ on +this occasion is full of instruction, and is derived, as Mr. Kruger's +images frequently are, from the arena of natural history. When you +want to kill your tortoise, he must be artfully induced to +imprudently protrude his head beyond his thick and impregnable shell, +and then the task becomes a very easy one. This little parable was +considered good for use on more than one occasion, varied by the +addition that, if the tortoise be up to the trick, it is necessary to +sit down and wait until he does make the fatal mistake. The only +drawback to our profound intellectual delight in the parable is the +question, 'Who will be the tortoise?'--_December 27, 1895._ + +A perusal of the German White Book shows that + +On December 24 the German Consul in Pretoria telegraphed to the +Foreign Office that 'news from Johannesburg points to the preparation +of disturbances by the English party there, and the Government is +taking precautionary measures.' Baron von Marschall communicated this +to Sir Frank Lascelles, and, after pointing out the possible +consequence of bloodshed, emphasized once again the necessity for +maintaining the _status quo_. In reply to the German Consul in +Pretoria, the Secretary of State telegraphed a similar statement, +adding: 'Impress energetically upon the Transvaal Government that it +must most scrupulously avoid any provocation if it wishes to retain +German sympathy.' + +Another little light on the inside history is that afforded by Mr. +J.C. Bodenstein, Field-cornet of the Krugersdorp district, who in the +course of an interview accorded to the _Standard and Diggers' News_, +the Johannesburg Government organ, stated how he came to know of +Jameson's intended invasion. He heard that a certain young lady who +resided at Luipaardsvlei, near Krugersdorp, whose _fiancé_ occupied a +good position in the Bechuanaland Border Police, had received a +letter from him at Mafeking to the effect that he intended paying her +a visit about the New Year, and that he would not be alone, as the +whole force was coming to Johannesburg. The lady proved no exception +to the alleged rule concerning secrets, and Field-cornet Bodenstein +personally assured himself of the authenticity of the report he had +heard. + +On Friday, December 27, a German gentleman from the Free State also +informed the Field-cornet that Dr. Jameson and his troopers might be +expected at any time. 'On hearing this confirmation of the letter,' +said Mr. Bodenstein, 'I went at once to Pretoria. I arrived there at +eleven o'clock at night, and early the next morning I saw the +President and informed him about the letter and what I had been told. +He remarked quietly: "Yes, I have heard all about it" The General +(Joubert) then said: "All right; I will send you the ammunition you +require."' + +In the report of the Select Committee of the Cape House of Assembly +(Blue Book A 6 of 1896, page 76) there is the evidence of the Hon. +J.A. Faure, M.L.C., which shows that he and Sir Thomas Upington, the +Attorney-General of Cape Colony, were on a visit to Johannesburg on +December 27, and heard it publicly stated that Dr. Jameson with 800 +men was on the border for the purpose of invading the Transvaal. +Mr. Faure testifies that he learned this from a very prominent Free +State Dutchman. Among others, one would suppose that the Transvaal +Government must also have heard something of it. + +Dr. Veale, a well-known Pretoria doctor, states that at daybreak on +Thursday, January 2, Commandant Hendrik Schoeman called on him to +secure his professional attendance for a member of his family who was +very ill. The Commandant said that he had been sent out on Monday to +watch the invading force and to ascertain their numbers, and also +stated that he had been following the troop with others for a +considerable time and that he was sure Jameson had not 800 but +between 450 and 500, as he had repeatedly counted them; that the +force was being delayed by small parties drawing it into useless +fighting and so losing time; that he himself had been obliged to come +on ahead, having been recalled on account of his wife's serious +illness, but that it made little difference as there were others to +take his place, and they had arranged not to tackle Jameson until +they had drawn him among the kopjes at Doornkop, where it would be +quite impossible for him ever to get through. This statement it +should be noted was made in Pretoria some hours before the Jameson +force surrendered at Doornkop. + +So certain do the Boers appear to have been, and so confident of +their ability to carry out their plans, that they stated to a +reporter of the Government newspaper that they intended to stop +Jameson at Rietspruit (Doornkop), and this statement was published in +a Johannesburg paper on the morning of January 1, but was of course +regarded as mere gossip of a piece with that which flooded the +newspapers at the time. It is only right to add that there were +numbers of other announcements at the same time which by no means +agreed with this one, and it is stated that the editor was as much +surprised as the public to find that he had been right. + +In reviewing the whole of the circumstances of the raid, not the most +biased and most interested of persons can withhold a tribute of +admiration to the President's presence of mind, skill, and courage in +dealing with circumstances wholly without precedent; and in quiet +moments, when recalling all that has happened, if human at all, his +Honour must indulge in a chuckle now and then to think how completely +he jockeyed everybody.{32} Not the least amusing recollection must be +that of the 'great trek' (Banjailand Trek), which his burghers +threatened to make into Mashonaland viâ Rhodes' Drift when Sir John +Willoughby gained his first experience of Oom Paul. The military +commander of Dr. Jameson's force had called on the President to add +weight to the remonstrances which were being made against the action +of the burghers in invading the Chartered territory, and the +President, playing his cards for a favourable settlement of +Swaziland, had replied that he had done all that he could, and events +must take their course. 'Tell him,' said Sir John to Dr. Leyds who +was interpreting, 'that if the trek is not stopped of course the +result will be war!' 'If it must be, let it be,' the old gentleman +answered quietly. 'Then tell him,' Sir John replied, 'that in that +case he will have to reckon with the British Army.' 'And tell _him_', +said the President, pointing placidly at his interviewer with his big +pipe, 'that I have reckoned with the British Army once before.' If +the recollection occurred to both men on January 2, it must have been +with different emotions. + +In dealing with President Kruger's personal attitude it is not +perhaps pertinent but, it is interesting, to recall an incident of +his earlier career--a parallel between the prisoner and the +President. Oddly enough President Kruger was a rebel and a filibuster +himself in the days of his hot youth, and one of his earliest +diplomatic successes was in securing the release and pardon of +men who, in 1857, stood in exactly the same position as the +Uitlanders whom he imprisoned. + +The story of the Potchefstroom revolt is little known in England, but +it is told in Theal's 'Standard History of South Africa,' and very +instructive reading it is. Dr. Hillier, of Johannesburg, one of the +Reformers, called attention just before the outbreak to the +extraordinary parallel between the revolt of Potchefstroom in 1857 +against the dominance of Lydenburg and the condition of Johannesburg +in 1895 under the despotism of Pretoria. Dr. Hillier in his pamphlet +said: + +In 1857 the Republic north of the Vaal attained its twentieth year. +It had increased in population, and had taken on, to some extent, the +habits and mode of life of a settled community. Mr. Pretorius and his +followers began to feel that in the altered circumstances of the +State the time had arrived for a remodelling of the Constitution. +Among these followers of Pretorius, these advocates of reform, it is +interesting to find was Mr. Stephanus Johannes Paulus Kruger. + +Mr. Theal says: + +'During the months of September and October, 1856, Commandant-General +M. W. Pretorius made a tour through the districts of Rutsenburg, +Pretoria and Potchefstroom, and called public meetings at all the +centres of population. At these meetings there was an expression by a +large majority in favour of immediate adoption of a Constitution +which should provide for an efficient Government and an independent +Church.' + +And again, later on, we have in the words of South Africa's historian +the gist of the complaint against the then existing state of things: + +'The community of Lydenburg was accused of attempting to domineer +over the whole country, without any other right to preeminence than +that of being composed of the earliest inhabitants, a right which it +had forfeited by its opposition to the general weal.' + +Such was the shocking state of things in this country in 1856. It was +a great deal too bad for such champion reformers as Mr. Pretorius and +his lieutenant, Mr. S.J.P. Kruger, as we shall see later. Shortly +after these meetings were held, a Representative Assembly, consisting +of twenty-four members, one for each field-cornetcy, was elected for +the special purpose of framing a Constitution and installing the +officials whom it should decide to appoint. + +On January 5, 1857, the Representative Assembly appointed Mr. +Martinus Wessels Pretorius President, and also appointed members of +an Executive Council. The oaths of office were then taken, the +President and Executive installed, and the flag hoisted. When +intelligence of these proceedings reached Zoutpansberg and Lydenburg, +there was a violent outburst of indignation. At a public meeting at +Zoutpansberg the acts and resolutions of the Representative Assembly +at Potchefstroom were almost unanimously repudiated, and a manifesto +disowning the new Constitution and everything connected with it was +drawn up. Mr. Pretorius then issued a proclamation, deposing +Commandant-General Schoeman from all authority, declaring +Zoutpansberg in a state of blockade, and prohibiting traders from +supplying 'the rebels' with ammunition or anything else. This conduct +on the part of the new Government under Mr. Pretorius appears to me +distinctly adroit. Having taken upon themselves to remodel the entire +Constitution of the country, they turn round on the adherents of the +older Government, whom, by-the-by, they had not thought it worth +while to consult, and promptly call them 'rebels.' And so you have +this striking political phenomenon of a revolutionary party turning +on the adherents of the Government of the State, and denouncing them, +forsooth, as 'rebels.' + +The 'Republic of Lydenburg' then declared itself into a sovereign and +independent State. And thus two Republics, two Volksraads, two +Governments, were formed and existed simultaneously in the Transvaal. +And all this without a shot being fired, each party finding +sufficient relief to its feelings by calling the other party +'rebels.' In order to strengthen its position, the party of Pretorius +now determined on a bold stroke. They sent emissaries to endeavour to +arrange for union with the Free State. The Free State Government +rejected their overtures, but Pretorius was led to believe that so +many of the Free State burghers were anxious for this union that all +that was necessary for him to do, in order to effect it, was to march +in with an armed force. He therefore placed himself at the head of a +commando, and crossed the Vaal, where he was joined by a certain +number of Free State burghers. + +But Pretorius, with whom was Paul Kruger, found, like Dr. Jameson, +that he had reckoned without his host. When intelligence of this +invasion reached Bloemfontein, President Boshoff issued a +proclamation declaring martial law in force throughout the Free +State, and calling out burghers for the defence of the country. It +soon appeared that the majority of the people were ready to support +the President, and from all quarters men repaired to Kroonstad. At +this stage the Free State President received an offer of assistance +from General Schoeman, of Zoutpansberg, against Pretorius, in which +object he believed Lydenburg would also join. + +On May 25 the two commandoes were drawn up facing each other on +opposite banks of the Rhenoster River, and remained in that position +for three hours. Threatened from the north as well as the south +Pretorius felt his chance of success was small, and he therefore sent +out Commandant Paul Kruger with a flag of truce to propose that a +pacific settlement should be made. + +Here indeed is a very close parallel, but the climax is still to +come. The treaty arrived at was practically an apology on the part of +the South African Republic. Many citizens of the Free State who had +joined the northern forces moved over the Vaal after this event. +Those who remained and those who had been previously arrested were +brought to trial for high treason. One man was sentenced to death, +but the sentence was mitigated subsequently to a fine; others were +fined. These fines were again still further mitigated at the +solicitation of Messrs. Paul Kruger and Steyn, until it came to +little more than a ten-pound note apiece. + +There we have the story of President Kruger and his friends playing +exactly the part Dr. Jameson and the Johannesburg Reformers tried to +do. As Potchefstroom rose under Mr. Kruger against the oligarchical +rule of Lydenburg, so Johannesburg was to rise against Pretoria. The +Potchefstroom Republic under Pretorius and Kruger made a raid _ŕ la_ +Jameson into the Orange Free State for political purposes, to +encourage those who were believed to be anxious to effect a +union. And just as Jameson failed against the Government of Pretoria, +so Pretorius failed against the Government of the Orange Free State. +In 1857 it was Paul Kruger not Dr. Jameson who hoisted the white +flag. The Free Staters who had tried to help Kruger's raid were +arrested just as the Johannesburgers were; but although one of them +was condemned to death all of them were released, by the intervention +of Mr. Kruger himself, on paying a slight fine. + +History has repeated itself indeed; but the offence of Dr. Jameson is +surely less than that of Mr. Kruger, if we are to pay heed to the +records of the Free State Volksraad, wherein it is written that on a +certain day the President stated in open Raad that proof had been +obtained of a proposed combined attack on the Free State by the +Transvaal Boers, led by Pretorius and Kruger on the one side, and the +Basutos under Moshesh on the other--a horrible and unnatural alliance +which was not effected only because Moshesh could not trust his +professed allies. The Raad thereupon publicly gave thanks to the +Almighty, Who had revealed and frustrated this 'hideous complot.' + + +Footnotes for Chapter VI + +{24} In the Report of the Select Committee of the House of Commons +the following questions and answers occur, Mr. Blake questioning and +Major Heany replying: + +'Having got the message you went off with it and you got in, as we +see by the evidence, as quickly as you could, and you just gave the +message as accurately as you could to Dr. Jameson?--I read the +message from my note-book absolutely accurately to Dr. Jameson. + +'And he did not lose much time in making up his mind?--No; he went +outside his tent. He was in a bell-tent when I arrived and he went +outside and walked up and down for about twenty minutes, and then he +came in and announced his determination.' + +{25} In the course of the Inquiry at Westminster, Dr. Jameson +himself took occasion to explain this reference, when answering a +question put by Mr. Sidney Buxton. + +Knowing what you do now of the position at Johannesburg, do you think +it was within their power to send out 300 mounted men?--I cannot give +an opinion upon that; I think all their actions were perfectly _bonâ +fide_. There is one telegram here which has been brought up against +me very unpleasantly, which I wish I had never sent, where 'fear' is +imputed in the telegram as it stands here. My explanation is that I +was irritated at the time at the trouble going on, and that I used it +inadvertently, or possibly there is a mistake in deciphering the code +word; as to that I cannot tell, but I am sorry that it should appear +so in the telegram, because I never imputed fear or cowardice to +anyone in connection with anything. + +{26} July 1899. The originals have since been photographed and +are here reproduced. + +{27} Colonel Francis Rhodes. + +{28} Lionel Phillips. + +{29} (July, 1899.) Is it not probable that the deleted figures +'2,000' in Colonel Rhodes' letter (see photograph) may account +for some of the talk about 2,000 armed men? + +{30} After the arrival in England of the officers of Dr. Jameson's +force, a report dealing with the military aspect of the expedition +was sent by Sir John Willoughby to the War Office. It has been +printed and--to a certain extent--circulated, and cannot therefore +be regarded as private. But apart from this it is a document so +peculiar--so marked by mishandling of notorious facts--that it +deserves no consideration other than it may earn on merits. It is +printed _in extenso_ with notes by a member of the Reform Committee. +See Appendix H. + +{31} See Appendix G. It will be noted that in his declarations +Commandant Cronjé modifies his terms very considerably. It was +impossible for any reasonable person to accept the explanation +preferred by him, that the promise to spare the lives of the +surrendered force was only to hold good until they could be handed +over to the Commandant-General. In fact, it is well known that +Commandant Cronjé only took up this attitude after an extremely +acrimonious discussion had taken place between him and Commandant +Malan--a quarrel in which they went the length of making charges +against each other in the public press of treachery and neglect of +duty whilst in the field. The Commandant Cronjé referred to here is +the same gentleman who commanded the Boer forces at Potchefstroom in +the War of Independence, and his record is an extremely unpleasant +one, his conduct of operations having earned for the Potchefstroom +commando the worst reputation of any. Apart from the execution +of several British subjects who were suspected and, on wholly +insufficient grounds, summarily shot as spies, there are the +unpleasant facts that he caused prisoners of war to be placed in the +forefront of the besieging operations and compelled them to work in +the trenches in exposed positions so that they should be--and +actually were--shot by their own comrades. There was also the +incident in which he refused to allow one or two of the ladies who +were among the beleaguered garrison, and who were then in extremely +bad health, to leave the fort to obtain such food and medical +attendance as would enable them to live. One of the ladies died in +consequence. But the incident which has more bearing on Jameson's +surrender than any other is that connected with the armistice, when +Commandant Cronjé, in defiance of treaty obligations, withheld from +Colonel Winslow and the besieged garrison the news that an armistice +had been arranged between the Boer and British forces, and continued +the siege until the garrison, in order to save the lives of the +wounded and the women and children refugees, were obliged to +surrender. It will be remembered that this incident was too much even +for Mr. Gladstone, and that on its becoming known after the terms of +peace had been settled, the Transvaal Government were required by Sir +Evelyn Wood to allow a British force to march up from Natal and +re-occupy Potchefstroom as a formal acknowledgment of Cronjé's +treachery. Mr. Kruger and his party, who were in the greatest fear +that the settlement would not be effected, and that Sir Evelyn Wood's +action might provoke a renewal of hostilities, agreed to the terms, +but with grave apprehensions as to the results. However, no +_contretemps_ occurred. + +{32} Once when out hunting on foot--a young man then--Mr. Kruger, +after climbing to the top of a kopje, found that he had been seen by +a number of hostile natives who were then running towards him, some +to climb the hill, others branching out to surround it. He knew that +those on the flat could cut him off before he could descend and that +his only chance lay in 'bluff.' Stepping on to the outermost ledge in +full view of the enemy he calmly laid down his rifle, drew off first +one and then the other of his velschoens (home-made hide shoes, in +those poorer days worn without socks) and after quietly knocking the +sand out of them drew them on again. By this time the natives had +stopped to observe him. He then picked up his rifle again, and +turning to an imaginary force behind the kopje waved to the right and +then to the left, as though directing them to charge round each end +of the hill. The next instant the Kaffirs were in full retreat. + + + + +CHAPTER VII. + +AFTER DOORNKOP. + + +The news of Dr. Jameson's surrender was received in Johannesburg +towards mid-day, at first with derision, but as report after report +came in, each confirming and supplementing the other, no room for +doubt was left and a scene of the wildest excitement ensued. It is +not too much to say that not one person in a hundred, no matter what +his political leanings were, had doubted for a moment Dr. Jameson's +ability to force his way into Johannesburg. There is not the +slightest indication in the newspapers of the time, which without +doubt reflected every varying mood and repeated every rumour which it +was possible to catch from an excited people, that there was in any +man's mind a suspicion that the Boers would be able to stop the +invader. In the first place no one believed that they could mobilize +sufficiently quickly to oppose him, and in the second place, he was +understood to have a force of 800 men so admirably equipped and +trained that it would not be possible for 5,000 Boers hurriedly +called together to intercept him. All this, however, was forgotten +when it came to accounting for the disaster; or rather, the previous +convictions only added strength to the rage of disappointment. The +public by that time knew of the letter of invitation; it had been +taken on the battle-field and news of it was telegraphed in, and +apart from this the writers had made no secret of it. But what the +public did not know, and what, if they had known it, would not have +appealed with similar force, was the efforts made to stop Jameson and +the practical withdrawal of the letter before he had started. It +was sufficient for them during the few remaining hours of that day to +recall that Jameson had come in, that he had fought against great +odds, and that when almost reaching his goal he had been taken +prisoner for want of assistance. It is perfectly true that in their +rage of grief and disappointment men were willing to march out with +pick-handles to rescue him, if there were not rifles enough to arm +them. While the excitement lasted this was the mood, and the Reform +Committee were the scapegoats. The attitude of the crowd was due to +ignorance of the circumstances and natural emotion which could not be +otherwise vented. The excitement had greatly abated by the following +morning, and it was realized then that the position was practically +but little worse than that which the Reform Committee had offered +to take up when they tendered their persons as security for the +evacuation of the country by the invading force, and had proposed to +continue the struggle without their aid. + +The reports received by the Johannesburg people were to the effect +that the surrender had been conditional upon the sparing of the lives +of the force. Indeed the first reports agreed that Jameson upon +receipt of the High Commissioner's proclamation, had laid down his +arms; but upon the return of Mr. Lace (whose mission has been +explained) it was realized that this was not the case. A later +account showed that Jameson had surrendered to Commandant Cronjé on +the condition that the lives of all should be spared, and this +version of the surrender was published in the Johannesburg +newspapers. When further accounts were received from Pretoria and +Krugersdorp, stating that the surrender had been unconditional and +that there was grave doubt as to what would be done with Dr. Jameson, +it was surmised as an explanation that he had declined to bargain for +his own life and had merely stipulated that those of his followers +should be spared. + +On Friday the news that it was contemplated to shoot Dr. Jameson +caused a frenzy of horror and excitement in the town. Every effort +was made by the Reform Committee and its supporters to maintain +strictly the position which the Government had suggested through +their Commission on Wednesday, lest some untoward incident should +turn the trembling balance against Dr. Jameson and his men; nor were +the Committee alone in the desire to maintain that position. On +Friday and on Saturday communications were received from the local +Government officials, and from Commandant-General Joubert through the +British Agent, drawing the attention of the Committee to alleged +breaches of the arrangement. The allegations were satisfactorily +disproved; but the communications clearly indicated that the +Government were most desirous of maintaining the position in relation +to Johannesburg which they had laid down before the first battle with +Dr. Jameson's forces. + +Information was received on Thursday that the High Commissioner would +leave Capetown for Pretoria at 9 p.m. that night. It had been a +matter of surprise that, the arrangement having been entered into +with him early on Wednesday, he had not found it convenient to start +for some thirty-six hours. Considering how seriously he had +interfered with the movement--first by his proclamation, and next by +concerted action with the Government for a peaceful settlement--it +had been naturally assumed that he would not lose a moment in leaving +Capetown for the scene of trouble. Such however was not the case. + +It has been alleged that the arrangement made between the Transvaal +Government and the High Commissioner with a view to a peaceful +settlement bore only upon Dr. Jameson's action, and that it was not +contemplated that there should be any interference between the +Government and its own subjects in Johannesburg. In answer to this it +may be noted that the High Commissioner had in the first place +offered his services, and that those services had been declined by +the Transvaal Government; but that the latter, on realizing the +seriousness of the position which they were called upon to face, and +acting, it is stated, upon the advice of Mr. J.H. Hofmeyr, the +recognized leader of the Dutch Africanders in the Cape Colony, +reconsidered this refusal and urgently besought the High Commissioner +to go up to Pretoria and use his influence to effect a peaceful +settlement. This arrangement, together with the promise of the +redress of grievances, had been made known to the deputation of the +Reform Committee by the Government Commission in Pretoria, as has +already been stated--the Government well knowing that Johannesburg +was in arms and a party to the arrangement with Dr. Jameson. + +Dr. Jameson surrendered at 9.30 a.m. on Thursday. The High +Commissioner did not leave Capetown until 9 p.m. the same day. There +had therefore been ample time for the Government to intimate to him +their opinion that matters had been satisfactorily settled and that +they did not need his services any longer, had they held such an +opinion. As a matter of fact, that was by no means their opinion. +They considered that they had yet to deal with 20,000 armed men in +Johannesburg, and that they had to do that, if possible, without +provoking a civil war, which would inevitably result in the long-run +to their disadvantage, however great their success might be over the +Johannesburg people in the meantime. They not only allowed the High +Commissioner to proceed to Pretoria on the understanding originally +effected, but they took steps to remind the Reform Committee on +several occasions that they were expected to adhere to the +arrangement entered into. And such was the position when the High +Commissioner arrived on the night of Saturday, the 4th. + +Sir Hercules Robinson proceeded direct to Pretoria, but did not +transact any business until Monday, abstaining, in deference to the +feelings of the Boers, from any discussion of business matters on the +Sabbath. On Sunday, however, he received information from the Reform +Committee as to the arrangements entered into with the Government. He +was also informed that threats had been made by persons who without +doubt were speaking the mind of the Government, that if any trouble +should take place with Johannesburg Dr. Jameson and probably many of +his comrades would be shot. It was not stated that the Transvaal +Government or authorities would officially countenance any such act +or would authorize it even as the result of a trial; but the +statement which was made by everyone from the President downward was +that, in the event of any fighting in Johannesburg, the burghers +would be so much enraged and so beyond control that the prisoners who +had caused all the trouble would inevitably be shot. It is a part +of Boer diplomacy to make as much use as possible of every weapon +that comes to hand without too great a regard for the decencies of +government as they occur to the minds of every civilized people, and +it is not at all unusual to find the President proclaiming at one +moment that some course must be taken to prevent disaster, for the +reason that he cannot be answerable for his burghers in their excited +state, and at another moment indignantly repudiating the suggestion +that they would be guilty of any step that could be considered +unworthy of the most civilized of peoples. In fact such exhibitions +were repeatedly given by him at a later stage when dealing with the +Reform prisoners. + +Before any communication was received from the High Commissioner on +Monday messages had been received by the members of the Reform +Committee to the effect that the laying down of arms would be +absolutely necessary to ensure the safety of Jameson and his men. The +Reform Committee had then learnt that the two messengers sent to stop +Dr. Jameson--Major Heany and Captain Holden--had reached him, and had +come in with him, and were at that moment prisoners with him in +Pretoria. They had also heard of the reception accorded to Sir +Jacobus de Wet's despatch and the High Commissioner's proclamation, +so that it was abundantly clear that the incursion had been made in +defiance of the wishes of the leaders, whatever other reasons there +might have been to prompt it. But the public who constituted the +movement were still under the impression that Dr. Jameson was a very +fine fellow who had come in in a chivalrous manner to help those whom +he had believed to be in distress. There was however no division of +opinion as to what should be done; even those who felt most sore +about the position in which they had been placed did not hesitate for +a moment. The first and for the time being the only consideration was +the safety of Dr. Jameson and his comrades. + +The events and negotiations of the days preceding the arrest of the +Reformers have been the subject of so much discussion and so much +misunderstanding that it will be better as far as possible to compile +the history from original documents or the published and properly +authenticated copies. In Blue Book [C. 7,933] the following is +published: + +SIR HERCULES ROBINSON (Pretoria) to MR. CHAMBERLAIN. + +(_Telegraphic. Received 1.8 a.m., 6th January, 1896._) + +_5th January_. No. 3.--Arrived here last night. Position of affairs +very critical. On side of Government of South African Republic and of +Orange Free State there is a desire to show moderation, but Boers +show tendency to get out of hand and to demand execution of Jameson. +I am told that Government of South African Republic will demand +disarmament of Johannesburg as a condition precedent to negotiations. +Their military preparations are now practically complete, and +Johannesburg, if besieged, could not hold out, as they are short of +water and coal. On side of Johannesburg leaders desire to be +moderate, but men make safety of Jameson and concession of items in +manifesto issued conditions precedent to disarmament. If these are +refused, they assert they will elect their own leaders and fight it +out in their own way. As the matter now stands, I see great +difficulty in avoiding civil war; but I will do my best, and +telegraph result of my official interview to-morrow. It is said that +President of South African Republic intends to make some demands with +respect to Article No. 4 of the London Convention of 1884. + +MR. CHAMBERLAIN to SIR HERCULES ROBINSON. + +(_Telegraphic. January 6, 1896._) + +_6th January_. No. 3.--It is reported in the press telegrams the +President of the South African Republic on December 30 held out +definite hopes that concessions would be proposed in regard to +education and the franchise. No overt act of hostility appears to +have been committed by the Johannesburg people since the overthrow of +Jameson. The statement that arms and ammunition are stored in that +town in large quantities may be only one of many boasts without +foundation. Under these circumstances, active measures against the +town do not seem to be urgently required at the present moment, and I +hope no step will be taken by the President of the South African +Republic liable to cause more bloodshed and excite civil war in the +Republic. + +These are followed in the same volume by No. 89: + +SIR HERCULES ROBINSON (Pretoria) to MR. CHAMBERLAIN. + +(_Telegraphic. Received 7th January, 1896._) + +_6th January_. No. 2.--Met President South African Republic and +Executive Council to-day. Before opening proceedings, I expressed on +behalf of Her Majesty's Government my sincere regret at the +unwarrantable raid made by Jameson; also thanked Government of South +African Republic for the moderation shown under trying circumstances. +With regard to Johannesburg, President of South African Republic +announced decision of Government to be that Johannesburg must lay +down its arms unconditionally as a precedent to any discussion and +consideration of grievances. I endeavoured to obtain some indication +of the steps that would be taken in the event of disarmament, but +without success, it being intimated that Government of South African +Republic had nothing more to say on this subject than had been +already embodied in proclamation of President of South African +Republic. I inquired as to whether any decision had been come to as +regards disposal of prisoners, and received a reply in the negative. +President of South African Republic said that, as his burghers, to +number of 8,000, had been collected, and could not be asked to remain +indefinitely, he must request a reply, 'Yes' or 'No,' to this +ultimatum within twenty-four hours. I have communicated decision of +South African Republic to Reform Committee at Johannesburg through +British Agent in South African Republic. + +The burgher levies are in such an excited state over the invasion of +their country that I believe President of South African Republic +could not control them except in the event of unconditional +surrender. I have privately recommended them to accept ultimatum. +Proclamation of President of South African Republic refers to promise +to consider all grievances which are properly submitted, and to lay +the same before the Legislature without delay. + +On January 7 Mr. Chamberlain replied: + +No. 1.--I approve of your advice to Johannesburg. Kruger will be wise +not to proceed to extremities at Johannesburg or elsewhere; otherwise +the evil animosities already aroused may be dangerously excited. + +And on the same day Sir Hercules Robinson telegraphed: + +No. 1.--Your telegram of January 6, No. 2. It would be most +inexpedient to send troops to Mafeking at this moment, and there is +not the slightest necessity for such a step, as there is no danger +from Kimberley volunteer corps or from Mafeking. I have sent De Wet +with ultimatum this morning to Johannesburg, and believe arms will be +laid down unconditionally. I understand in such case Jameson and all +prisoners will be handed over to me. Prospect now very hopeful if no +injudicious steps are taken. Please leave matter in my hands. + +On Monday Sir Jacobus de Wet, acting under the instructions of the +High Commissioner, telegraphed from Pretoria to the Reform Committee, +Johannesburg, informing them that the High Commissioner had seen the +President and Executive that morning, that he had been informed that +as a condition precedent to the discussion and consideration of +grievances the Government required that the Johannesburg people +should lay down their arms; and that the Government gave them +twenty-four hours--from 4 p.m. that day--in which to accept or reject +that ultimatum. The Committee replied that it would receive their +earnest consideration. + +Notwithstanding the fact that such a condition had been anticipated +the ultimatum was very unfavourably received, a large number of those +present protesting that the Uitlanders were being led little by +little into a trap, that the Boers as was their wont would never keep +faith with them, that in the end they would find themselves +betrayed, and that it would be better at no matter what cost to make +a fight for it and attempt to rescue Dr. Jameson and his party. The +last suggestion was a mad one, and after some consideration, and +hearing the representations of Sir Sidney Shippard and Mr. Seymour +Fort, who had been in communication with the High Commissioner on the +previous day in Pretoria and were used by him as unofficial agents, +the matter was more calmly considered by the Committee. It was very +well realized that a struggle between Johannesburg and the Boer +forces would have been an absolutely hopeless one for those who took +part in it, but there was a determination to secure the objects for +the attainment of which the agitation had been started, and it was +believed that if a firm stand were taken, such was the justice of the +cause of the Uitlanders that the Government would not be able to +refuse definite terms as to what reforms they would introduce, +besides assuring the safety of Dr. Jameson. + +While the discussion was proceeding another telegram was received +from the British Agent saying that, under instructions from the High +Commissioner, he was proceeding in person to Johannesburg to meet the +Reform Committee and explain matters to them. The meeting took place +on the morning of Tuesday, and Sir Jacobus de Wet pointed out to the +Committee the perilous position in which Dr. Jameson and his comrades +were placed, owing to the hesitation of the Uitlanders to accept the +ultimatum of the Government. He read again and again the following +telegram from the High Commissioner, which had been despatched from +Pretoria early that morning and received by the British Agent in +Johannesburg when on his way to meet the Reform Committee: + +_Urgent_.--You should inform the Johannesburg people that I consider +that if they lay down their arms they will be acting loyally and +honourably, and that if they do not comply with my request they +forfeit all claim to sympathy from Her Majesty's Government and from +British subjects throughout the world, as the lives of Jameson and +the prisoners are now practically in their hands. + +In reply to remarks about grievances, Sir Jacobus de Wet stated that +the Uitlanders could not expect under the circumstances anything +more favourable than the discussion and consideration of the +grievances with the High Commissioner, as had been promised, and +added that, if there were any spirit of reason in the community at +all, they would be content to leave their case in the hands of so +experienced a statesman as Sir Hercules Robinson, a man whose +instinct and training were towards fair and decent government. + +In the course of a very long discussion, Sir Jacobus de Wet was asked +if he did not consider the Boer Government capable of an act of +treachery such as disarming the community and then proceeding to +wreak their vengeance upon those whom they might consider responsible +for the agitation. According to the evidence of a number of those who +were present, his reply was that 'not a hair of the head of any man +in Johannesburg would be touched.' The discussion was resumed at +various times and in various forms, when different groups of men had +opportunities of questioning the British Agent themselves. When +questioned again more definitely as to whether this immunity would be +extended to the leaders--those who had signed the letter--Sir Jacobus +de Wet replied again in the affirmative. To another member, who had +asked the same question in another form, he said 'Not one among you +will lose his personal liberty for a single hour. John Bull would +never allow it.' In reply to the remark, 'John Bull has had to put up +with a good deal in this country. What do you mean by "John Bull"?' +he answered, 'I mean the British Government could not possibly allow +such a thing.' + +It would have been an easy and no doubt a proper and reasonable +precaution had the Reformers insisted upon a statement in writing of +the terms upon which they laid down their arms. There were however +two considerations which weighed against any bargain of this sort. +The first was the overwhelming and paramount consideration of +insuring Dr. Jameson's safety; and the other was the belief (not +seriously shaken by suggestions to the contrary) that the Government +would be obliged to abide by the spirit of the terms arranged on +January 1, because the High Commissioner would insist upon it as the +vital condition under which he was endeavouring to effect the +disarmament of Johannesburg. That Sir Hercules Robinson well +realized his responsibility to the Uitlander, but found it +inconvenient or impossible to accept it at a later stage, is shown by +his own reports. On January 7 he telegraphed to Mr. Chamberlain as +follows: + +_Your telegram No. 3 of January 6. I need now only say that I have +just received a message from Reform Committee resolving to comply +with demand of South African Republic to lay down their arms; the +people placing themselves (? and) their interests unreservedly in my +hands in the fullest confidence that I will see justice done to them. +I have received also the following from British agent, dated 7th +January:_ + +_Begins:_ I have sent the following telegram to His Honour the +President: + +I have met the Reform Committee. Am gratified with the spirit shown +in the discussion of the all-important present position. The +Committee handed me the following resolution--_Begins:_ The Reform +Committee in Johannesburg, having seriously considered the ultimatum +of the Government of the South African Republic communicated to them +through Her Majesty's Agent at Pretoria, in a telegram dated 6th +instant, to the effect that Johannesburg must lay down its arms as a +condition precedent to a discussion and consideration of grievances, +have unanimously decided to comply with this demand, and have given +instructions to the citizens employed by this Committee for +maintaining good order to lay down their arms. In coming to this +determination, the Committee rely upon the Government that it will +maintain law and order, and protect life and property in this town at +this critical juncture. The Committee have been actuated by a +paramount desire to do everything possible to ensure the safety of +Dr. Jameson and his men, _to advance the amicable discussion of terms +of settlement with the Government, and to support the High +Commissioner in his efforts in this respect_. The Committee would +draw the attention of the Government of the Republic to the presence +of armed burgher forces in the immediate vicinity of this town, and +would earnestly desire that these forces be removed in order to avoid +all risk of any disturbance of the public peace. _Resolution ends_. I +wish to add to my above remarks that I feel convinced there will be +no further difficulty in connection with the laying down of their +arms. I would suggest that the Government co-operate with the Reform +Committee for a day or two for the purpose of restoring the town to +its normal state. This will only take a day or two, and those who are +excited among the people will by that time have calmed down, and the +police can resume their ordinary duties. The Committee will +co-operate in this matter. This course will very much facilitate the +task of your Government if it meets with your approval. _Ends_. + +The High Commissioner concluded the above telegram with the following +significant sentence: + +_I hope now to be able to confer with President of the South African +Republic and Executive Council as to prisoners and the redress of +Johannesburg grievances_. + +On the 8th he again telegraphed: + +Referring to your telegram of the 7th inst., No. 1, I consider that +so far throughout this matter Kruger has behaved very well. He +suspended hostilities pending my arrival, when Johannesburg was at +his mercy; and in opposition to a very general feeling of the +Executive Council and of the burghers who have been clamouring for +Jameson's life, he has now determined to hand over Jameson and the +other prisoners. If Jameson had been tried here there can be no doubt +that he would have been shot, and perhaps some of his colleagues +also. The excitement of the public is now calmed down. + +I shall try to-day to make arrangements with Kruger as to taking over +the prisoners, and _I will confer with him as to redressing the +grievances of the residents of Johannesburg on the basis of your +telegram of the 4th inst. I have given Kruger a copy of that +telegram._' + +And later on the same day: + +Since my telegram No. 1 of this morning, matters have not been going +so smoothly. When the Executive Council met, I received a message +that only 1,814 rifles and three Maxim guns had been surrendered, +which the Government of the South African Republic did not consider a +fulfilment of the ultimatum, and orders would be immediately issued +to a commando to attack Johannesburg. I at once replied that the +ultimatum required the surrender of guns and ammunition for which no +permit of importation had been obtained, and that onus rested with +Transvaal Government to show that guns and ammunition were concealed +for which no permit had been issued. If before this was done any +hostile step were taken against Johannesburg, I should consider it to +be a violation of the undertaking for which I had made myself +personally responsible to the people of Johannesburg, and I should +leave the issue in hands of Her Majesty's Government. This had a +sobering effect, and the order for the attack on Johannesburg was +countermanded, and it was arranged that the Transvaal officials +should accompany Her Majesty's Agent to Johannesburg and point out to +him if they could where arms were concealed. Her Majesty's Agent left +at 1 p.m. to-day for Johannesburg for this purpose. + +The explanation of the change, I take it, is that Kruger has great +difficulties to contend with among his own people. The apparent +object is to prove that people of Johannesburg have not fulfilled the +conditions which were to precede the handing over of the prisoners +and consideration of grievances. I should not be surprised if, before +releasing the prisoners or redressing grievances, an attempt were now +made to extort an alteration of the London Convention of 1884, and +the abrogation of Article No. 4 of that instrument. _I intend, if I +find that the Johannesburg people have substantially complied with +the ultimatum, to insist on the fulfilment of promises as regards +prisoners and consideration of grievances_, and will not allow at +this stage the introduction of any fresh conditions as regards the +London Convention of 1884. Do you approve? + +The Reform Committee published the following official notice on +Tuesday afternoon: + +The Reform Committee notify hereby that all rifles issued for the +defence of life and property in town and the mines are to be returned +at once to the Central Office in order to enable the Committee to +carry out the agreement with the Government, upon the faithful +observance of which so much is dependent. + +The Committee desire to make it known that late last night they +received an intimation from Her Majesty's Agent in Pretoria to the +effect that the decision of the Government was that Johannesburg must +lay down its arms as a condition precedent to the discussion and +consideration of grievances. + +The Committee met this morning to consider the position, and it was +unanimously resolved to accept the ultimatum of the Government for +reasons which the following communications sufficiently explain: + +Here followed the High Commissioner's telegram to Sir Jacobus de Wet, +urging disarmament, already given, and the following memorandum: + +Sir Jacobus de Wet, Her Majesty's Agent at Pretoria, has notified to +the Committee that he has been officially informed by the Government +in Pretoria that upon Johannesburg laying down its arms Dr. Jameson +will be handed over to Her Majesty's High Commissioner. + + By Order. + + Johannesburg, _7th January._ + The above is correct. + J.A. DE WET, + H.B.M. Agent. + +The Committee can add nothing to the above, and feel that there will +not be one man among the thousands who have joined the Reform +movement who will not find it consistent with honour and humanity to +co-operate loyally in the carrying out of the Committee's decision. + + By order of the Committee. + +On Wednesday the investigations effected by the Government, with the +aid of the Reform Committee, established the fact that the ultimatum +had been complied with; but the juggling with Dr. Jameson's life +continued for some days. On Thursday the 9th the High Commissioner +received a communication from the President in which occurred the +following sentence: 'As I had already caused your Excellency to be +informed, it is really my intention to act in this sense (_i.e._, +hand over Dr. Jameson and men), so that Dr. Jameson and the British +subjects who were under his command may then be punished by her +Majesty's Government, and I will make known to your Excellency the +final decision in this matter _as soon as Johannesburg shall have +reverted to a condition of quietness and order_.' + +In the face of this and many other significant messages and +expressions which reached Sir Hercules Robinson, it is not to be +wondered at that he considered Dr. Jameson's life to be in peril, and +that he regarded, as he distinctly said he did, disarmament by +Johannesburg as the only means of saving him; but what is less +pardonable is, that he did not pin President Kruger to this, and +demand an explanation when it became known that Jameson and his men +were secured by the conditions of the surrender. The truth is that +the wily old Boer President, by a species of diplomacy which does not +now commend itself to civilized people, managed to jockey everybody +with whom he had any dealings. He is much in the position of a +certain financier who, after a vain effort to justify his +proceedings, turned at last in desperation upon his critics and said: +'Well, I don't care what view you hold of it. You can have the +morality, but I've got the cash.' + +Late in the evening of the 9th the following proclamation was +published: + +Whereas by resolution of the Government of the South African +Republic, dated Monday, the 6th of January, 1896, whereby to all +persons at Johannesburg and suburbs twenty-four hours were granted to +hand over and to lay down to the Government unconditionally all arms +and ammunition for which no permit could be shown, and + +Whereas the said period of twenty-four hours has already expired on +Tuesday, the 7th of January, 1896, and whereas the so-called Reform +Committee and other British subjects have consented and decided to +comply unconditionally with the resolution of the Government, and + +Whereas sundry persons already have laid down their arms and +ammunition, and have handed them over to the Government, and + +Whereas the laying down and giving over of the said arms and +ammunition is still proceeding, and + +Whereas it is desirable and proper that this be done as soon as +possible, and in a proper way, and that a term be fixed thereto, + +Now I, Stephanus Johannes Paulus Kruger, State President of the South +African Republic, with the advice and consent of the Executive +Council, by virtue of Article 5 of their minutes, dated 9th January, +1896, proclaim that further time will be given for that purpose until +FRIDAY, the 10th JANUARY, 1896, at 6 p.m. + +All persons or corporations with whom, after the expiration of that +period, arms or ammunition will be found, for which no permit granted +by Government can be shown, will be dealt with according to law; and + +Whereas the laying down and handing over of the said arms and +ammunition should have been effected unconditionally, + +Now I further proclaim that all persons who have already laid down +and given over the said arms and ammunition, or who shall have done +so before Friday, the 10th January, 1896, at 6 p.m., shall be +exempted from all prosecution, and will be forgiven for the misdeeds +that have taken place at Johannesburg and suburbs, _except all +persons and corporations who will appear to be the chief +offenders, ringleaders, leaders, instigators, and those who have +caused the rebellion at Johannesburg and suburbs_. + +Such persons and corporations shall have to answer for their deeds +before the legal and competent courts of this Republic. + +I further proclaim that I will address the inhabitants of +Johannesburg to-morrow by a separate proclamation. + +_God save Land and People._ + +Given under my hand at the Government Office at Pretoria on this +Ninth Day of January, in the Year One Thousand Eight Hundred and +Ninety-six. + + S.J.P. KRUGER, + _State President_. + C. VAN BOESCHOTEN, + _Acting State Secretary_. + +The grim, cautious method of the President was never better +illustrated than by these proclamations and the concurrent actions. +In no part of his diplomatic career has he better stage-managed the +business than he did here. To the world at large these addresses +commend themselves no doubt as reasonable and moderate, and they +establish a record which will always speak for him when the +chronology of events is lost; but the true worth of it all is only +appreciated when one realizes that the first proclamation extending +the time for disarmament, and promising amnesty to all except the +leaders, was not issued until two days after the Government had +satisfied themselves that the disarmament had been completed, and +that it was deliberately held back until the police and burghers were +in the outskirts of the town ready to pounce upon the men with whom +they had been treating. It is an absolute fact that the Reform +Committee-men, who had offered to effect the peaceful settlement +seemingly desired by all parties, who had used every means in their +power to convince the Government that disarming was being effected in +a _bonâ fide_ and complete manner, and who had themselves supplied +the Government in good faith with any documents they had showing the +number of guns and the amount of ammunition which had been at the +disposal of the Reform Committee, had not the remotest suspicion that +an act of treachery was in contemplation, nor any hint that the +Government did not regard them as amnestied by virtue of the +negotiations; and it is a fact that when the proclamation of the 9th +was issued the detectives were waiting at the clubs, hotels and +houses to arrest the members of the Reform Committee, and that +the Reformers did not know of the proclamation exempting them from +the 'Forgive and Forget' until after they had been seized. + +On the 10th the address promised to the inhabitants of Johannesburg +duly appeared. + +After reviewing recent events, it concluded with this appeal: + +Now I address you with full confidence! Strengthen the hands of the +Government, and work together with them to make this Republic a +country where all inhabitants, so to say, live fraternally together. +For months and months I have thought which alterations and +emendations would be desirable in the Government of this State, but +the unwarrantable instigations, especially of the Press, have kept me +back. The same men who now appear in public as the leaders have +demanded amendments from me in a time and manner which they should +not have dared to use in their own country out of fear of the penal +law. Through this it was made impossible for me and my burghers, the +founders of this Republic, to take your proposals into consideration. +It is my intention to submit a draft law at the first ordinary +session of the Volksraad, whereby a municipality with a Mayor at its +head will be appointed for Johannesburg, to whom the whole municipal +government of this town will be entrusted. According to all +constitutional principles, such a municipal council should be +appointed by the election of the inhabitants. I ask you earnestly, +with your hand upon your heart, to answer me this question: Dare I, +and should I, after all that has happened, propose such to the +Volksraad? What I myself answer to this question is, I know that +there are thousands in Johannesburg to whom I can with confidence +entrust this right to vote in municipal matters. Inhabitants of +Johannesburg, make it possible for the Government to appear before +the Volksraad with the motto, 'Forget and Forgive.' + + (Signed) S.J.P. KRUGER, + _State President_. + +One would think that anyone gifted with even a moderate sense of +humour would have been restrained by it from issuing a second +proclamation on top of the elaborate fooling of the first. Is it +possible to imagine any other community or any other Government in +the world in which the ruler could seriously set to work to +promulgate two such proclamations, sandwiching as they did those acts +which may be regarded as the practical expression--diametrically +opposed to the published expression--of his intentions? + +In the meantime the negotiations concerning Dr. Jameson were dragging +on. After securing the disarmament of Johannesburg and getting rid of +the troublesome question of the disposal of Jameson, and after +refusing for several days (to quote the gist of the High +Commissioner's telegram, Blue Book No. 125 [C-7933]) to allow the +necessary arrangements for the deportation of the men to be made, Mr. +Kruger suddenly called upon the High Commissioner to have them +removed at once, intimating at the same time that it was the decision +of the Executive that all the prisoners, except the Transvaal and +Free State subjects, whom he would retain, should be sent to England +to be tried according to English law. It was pointed out that it was +only contemplated to send the officers for trial. To this Mr. Kruger +replied: 'In such case the whole question must be reconsidered.' +The High Commissioner at once telegraphed for the decision of Her +Majesty's Government, stating that it was the opinion of Sir Jacobus +de Wet and Sir Graham Bower, who had represented him at the interview +with the Transvaal Government, that, if the whole lot were not sent +home to be dealt with according to English law, they would be tried +in Pretoria, with a result which he feared would be deplorable. To +this Mr. Chamberlain replied: + +Astonished that Council should hesitate to fulfil the engagement +which we understood was made by President with you, and confirmed by +the Queen, on the faith of which you secured disarmament of +Johannesburg. Any delay will produce worst impression here, and may +lead to serious consequences. I have already promised that all the +leaders shall be brought to trial immediately; but it would be absurd +to try the rank and file, who only obeyed orders which they could not +refuse. If desired we may however engage to bring to England all who +are not domiciled in South Africa; but we cannot undertake to bring +all the rank and file to trial, for that would make a farce of the +whole proceedings, and is contrary to the practice of all civilized +Governments. As regards a pledge that they shall be punished, the +President will see on consideration that although a Government can +order a prosecution, it cannot in any free country compel a +conviction. You may remind him that the murderers of Major Elliott, +who were tried in the Transvaal in 1881, were acquitted by a jury of +burghers. Compare also the treatment by us of Stellaland and other +freebooters. + +The result of this communication was that the President drew in his +horns and agreed that if the prisoners were deported to England he +would be satisfied to let the British Government decide which of them +should be prosecuted. + +The success of his diplomatic methods had whetted his appetite, it +would appear. He was not content with the conditional surrender of +Dr. Jameson, nor--having suppressed the fact that it was +conditional--with having used him for the purpose of disarming +Johannesburg; but, having achieved both purposes, Mr. Kruger was +still desirous of keeping him in hand. This however was a length to +which the British Government did not see fit to go; but there is no +evidence in the correspondence which has passed tending to show that +even then Sir Hercules Robinson perceived how he was being made use +of and played with by the President. + +On the night of the 9th and the morning of the 10th, the members of +the Reform Committee to the number of about sixty were arrested and +lodged in gaol; and from this moment the High Commissioner appears to +have erased them from the tablets of his memory. On January 14 he +telegraphed to Mr. Chamberlain as follows: + +I have received a letter from Government of South African Republic, +stating that, in their opinion, every reason exists for assuming that +the complications at Johannesburg are approaching to an end, and that +there need be no longer any fear of further bloodshed. The President +of the South African Republic and Executive Council tender to me the +warmest thanks of the Government of the South African Republic for +the assistance I have been able to render in preventing further +bloodshed, and their congratulations on the manner in which my object +in coming has been fulfilled. They tender also their cordial +acknowledgment of the services rendered by the British Agent at +Pretoria, which I think is fully deserved. The Volksraad met +yesterday, and adjourned until May, the only business transacted +being a vote of thanks to the Orange Free State and the High +Commissioner for their efforts in promoting a peaceful settlement, +which was carried by acclamation. I now only await settlement of +prisoners' difficulty to leave for Capetown, where my presence is +urgently needed in consequence of change of Ministers. Governor of +Natal and General Cox are here, to whom I will give instructions as +to reception and disposal of prisoners as soon as I hear from you. + +To this Mr. Chamberlain telegraphed a most important reply on January +15: + +I am left in great perplexity by your telegram No. 3, of the 14th +inst., and fear that some previous telegrams must have miscarried. +(Here follow directions to refer to a number of telegrams in which +Mr. Chamberlain had indicated the settlement which he anticipated, +the nature of the reforms which Sir Hercules Robinson was to secure, +and many inquiries as to the reason for the arrests of the reformers +as reported in the English papers.) I have received no reply to any +of these telegrams, but have assumed that negotiations were in +progress between the President and yourself. + +There can be no settlement until the questions raised by these +telegrams are disposed of. The people of Johannesburg laid down their +arms in the belief that reasonable concessions would be arranged by +your intervention; and until these are granted, or are definitely +promised to you by the President, the root-causes of the recent +troubles will remain. + +The President has again and again promised reform, and especially on +the 30th December last, when he promised reforms in education and +franchise; and grave dissatisfaction would be excited if you left +Pretoria without a clear understanding on these points. Her Majesty's +Government invite President Kruger, in the interests of the South +African Republic and of peace, to make a full declaration on these +matters. I am also awaiting a reply respecting the alleged wholesale +arrests of English, Americans and other nationalities, made after the +surrender of Johannesburg. + +It will be your duty to use firm language, and to tell the President +that neglect to meet the admitted grievances of the Uitlanders by +giving a definite promise to propose reasonable concessions would +have a disastrous effect upon the prospects of a lasting and +satisfactory settlement. + +Send me a full report of the steps that you have already taken with +regard to this matter, and of the further action that you propose. + +In the meantime Sir Hercules Robinson left Pretoria, satisfied that +he had done all that was necessary, and telegraphed to Mr. +Chamberlain as follows: + +FROM THE HIGH COMMISSIONER _en route_ TO CAPETOWN. + +_15th January_, 1896. No. 1.--Your telegram 13 January, No. 1, only +reached me last night, after I had left Pretoria. I could if you +consider it desirable, communicate purport to President of South +African Republic by letter, but I myself think such action would be +inopportune at this moment. Nearly all leading Johannesburg men are +now in gaol, charged with treason against the State, and it is +rumoured that Government has written evidence of a long-standing and +widespread conspiracy to seize government of country on the plea of +denial of political privileges, and to incorporate the country with +that of British South Africa Company. The truth of these reports will +be tested in the trials to take place shortly in the High Court, and +meanwhile to urge claim for extended political privileges for the +very men so charged would be ineffectual and impolitic. President of +South African Republic has already promised municipal government to +Johannesburg, and has stated in a proclamation that all grievances +advanced in a constitutional manner will be carefully considered and +brought before the Volksraad without loss of time; but until result +of trials is known nothing of course will now be done. + +Mr. Chamberlain replied to the above: + +_15th January_. No. 5.--Referring to your telegram, No. 1, of the +15th January, see my telegram No. 1 of to-day, which was sent before +receipt of yours. I recognize that the actual moment is not opportune +for a settlement of the Uitlanders' grievances, and that the position +of the President of the South African Republic may be an embarrassing +one, but I do not consider that the arrest of a few score individuals +out of a population of 70,000 or more, or the supposed existence of a +plot amongst that small minority, is a reason for denying to the +overwhelming majority of innocent persons reforms which are just in +themselves and expedient in the interests of the Republic. Whatever +may be said about the conduct of a few individuals, nothing can be +plainer than that the sober and industrious majority refused to +countenance any resort to violence, and proved their readiness to +obey the law and your authority. I hope, therefore, to hear at an +early date that you propose to resume discussion with President of +South African Republic on lines laid down in my previous telegrams. I +do not see that the matter need wait until the conclusion of the +trial of the supposed plotters. I am anxious to receive the +information asked for in my telegram No. 1 of the 14th January. +Please communicate at once with the President on this matter. + +The following is the telegram to which allusion is made above: + +_14th January_. No. 1.--Press telegrams state numerous arrests of +leading residents on the Rand, including many Americans, Germans, and +other nationalities. Fear that number of these arrests of active +managers, representatives, may disorganize industry on the Rand. Wish +to know of what accused, when brought to trial, whether bail allowed, +and what penalities prescribed by law. Shall be glad to learn from +President of South African Republic what his intentions are in this +matter, which affects the subjects of so many States. Propose to +communicate President's reply to American and Belgian Governments, +which have already asked us to take charge of interests of their +respective citizens. + +Sir Hercules Robinson, replied: + +_15th January_. No. 2.--Your telegram of 14th January, No. 1. The +accused are between fifty and sixty in number, and are mostly members +of the Reform Committee. They have been arrested on charge of +treason, and of seeking to subvert the State by inviting the +co-operation and entrance into it of an armed force. The proceedings +are based, I understand, on sworn information, and the trials will +take place before High Court. The accused are being well treated, and +are represented by able counsel. It is alleged that Government has +documentary evidence of a widespread conspiracy to seize upon +Government, and make use of the wealth of the country to rehabilitate +finances of British South Africa Company. On taking leave of +President of South African Republic, I urged on him moderation as +regards the accused, so as not to alienate the sympathy he now enjoys +of all right-minded persons. Bail is a matter entirely in the hands +of Attorney-General. The Government seem acting within their legal +rights, and I do not see how I can interfere. Mines are at work, and +industry does not seem to be disorganized. + +While still on his way to Capetown, the High Commissioner telegraphed +to Mr. Chamberlain again in a manner indicating his complete +abandonment of the position taken up by him in relation to +Johannesburg--in fact, his repudiation of what his own words have +recorded against him: + +_16th January_. No. i.--Your telegram of 15th January, No. 1, +received. I cannot at this moment follow the complications arising +from supposed missing and crossing telegrams, but can only say that +no telegram which has reached me from you has remained unanswered. + +No promise was made to Johannesburg by me as an inducement to disarm, +except that the promises made in the President's previous +proclamation would be adhered to, and that Jameson and the other +prisoners would not be transferred until Johannesburg had +unconditionally laid down its arms and surrendered. I sent your long +telegram of 4th January to President; _but the question of +concessions to Uitlanders has never been discussed between us_. +Pending result of coming trials, and the extent to which Johannesburg +is implicated in the alleged conspiracy to subvert the State is made +clear, the question of political privileges would not be entertained +by Government of the South African Republic. + +He justified the change of policy in another communication addressed +to Mr. Chamberlain before he reached Capetown: + +_16th January_. No. 3.--Your telegram of the 15th January, No. 5. If +you will leave the matter in my hands, I will _resume_ advocacy of +Uitlanders' claims at the first moment I think it can be done with +advantage; the present moment is most inopportune, as the strongest +feeling of irritation and indignation against the Uitlanders exists +both amongst the Burghers and Members of Volksraad of both Republics. +Any attempt to dictate in regard to the internal affairs of South +African Republic at this moment would be resisted by all parties in +South Africa, and would do great harm. + +I have already replied in my telegram of 15th January, No. 2, in +answer to your telegram of 14th January, No. 1, and I do not think it +possible to obtain further information at this stage, the matter +being _sub judice_. + +Sir Hercules Robinson left Pretoria on the 14th, having resided +within a few hundred yards of Dr. Jameson and his comrades for a +week, and of the Reform prisoners for four days, without making any +attempt whatever to ascertain their circumstances or story. During +that time his military secretary called upon Dr. Jameson for the +purpose of finding out details of the prisoners and wounded of the +force, but made no further inquiries. Dr. Jameson's solicitor wrote +to the Colonial Office on March 5: + +MY DEAR FAIRFIELD, + +You have probably seen the cable that has come to the _Diggers' +News_, giving the lie direct to Sir John Willoughby's statement +respecting terms of surrender. + +I have seen Sir John again, and am authorized by him to state, with +regard to the criticism that it is incredible that nothing should +have been said by the officers when in prison at Pretoria to anybody +about the terms of surrender, that it must be remembered that from +the time of the surrender until they left Africa none of them were +allowed to make any communication. While in gaol they were not +allowed to see newspapers or to receive any news of what was going on +in Pretoria or elsewhere. + +Sir J. Willoughby made a statement to the head gaoler and other +officials at the time of his arrival at the gaol when he was searched +and all his papers taken from him. He requested to be allowed to keep +the document signed by Cronjé, as it contained the terms of the +surrender, but received as answer that all papers must be taken and +that they would be returned afterwards. They were in fact taken and +only returned when the officers were removed from the gaol to go to +Durban. + +My clients did try to get a note through to Johannesburg concealed in +a matchbox. They paid twenty-five pounds to get it through, and sent +it within thirty-six hours of their arrival in gaol, but they have +never been able to ascertain whether it reached its destination. + +The gist of it was that they were all right. It never occurred to the +prisoners that neither the British Resident nor the High Commissioner +would be informed of the terms of the surrender, or that they would +not satisfy themselves on this point. + +Sir Hercules Robinson might urge, in so far as Dr. Jameson's affair +is concerned, that he could not be expected to suspect a deception +such as was practised upon him; yet it does seem extraordinary that, +being in Pretoria for the purpose of negotiating for the disposal of +Dr. Jameson and his comrades, he should not have taken steps to +ascertain what there was to be said on their behalf, especially as on +his own showing it was for the greater part of the time a question of +life and death for the leaders of the force. It is even more +difficult to understand why no effort should have been made to +communicate with the Reformers. The High Commissioner was thoroughly +well aware of the negotiations between them and the Government on +January 1. He had received communications by telegraph from the +Reformers before he left Capetown; he came up avowedly to settle +their business; he negotiated on their behalf and induced them to +disarm; he witnessed their arrest and confinement in gaol; yet not +only did he not visit them himself, nor send an accredited member of +his staff to inquire into their case and conditions, but Sir Jacobus +de Wet alleges that he actually, in deference to the wish of the +President, desired the British Agent not to hold any communication +whatever with the prisoners during his (Sir Hercules Robinson's) +stay in Pretoria. Truly we have had many examples of President +Kruger's audacity, and of the success of it; but nothing to equal +this. That he demanded from Sir Hercules Robinson information as to +the objects of the Flying Squadron and the movements of British +troops in British territory, and succeeded in getting it, was a +triumph; but surely not on a par with that of desiring the High +Commissioner not to hold communication with the British subjects whom +he, as the official representative of their sovereign, had travelled +a thousand miles to disarm, and on whose behalf--ostensibly--he was +there to negotiate. + + + + +CHAPTER VIII. + +ARREST AND TRIAL OF THE REFORMERS. + + +About half of the members of the Reform Committee were arrested and +taken through to Pretoria on the night of the 9th. Others were +arrested at various times during the evening and night, were detained +in the lock-up at Johannesburg as ordinary felons, and escorted to +the Pretoria gaol on the following morning. The scene on their +arrival at Pretoria railway station and during their march to the +gaol was not creditable to the Boers. A howling mob surrounded the +prisoners, hustling them, striking them, and hurling abuse at them +incessantly. The mounted burghers acting as an escort forced their +horses at the unfortunate men on foot, jostling them and threatening +to ride them down. One of the prisoners, a man close on sixty years +of age, was thrown by an excited patriot and kicked and trampled on +before he was rescued by some of his comrades. + +Once within the gaol, the men were searched and locked up in the +cells, and treated exactly as black or white felons of the lowest +description. In many cases four or five men were incarcerated in +single cells 9 feet long by 5 feet 6 inches wide, with one small +grating for ventilation. At night they were obliged to lie on the mud +floor, or in some cases on filthy straw mattresses left in the cells +by former occupants. No provision was made by which they could obtain +blankets or other covering--indeed at first it was not necessary, as +the overcrowding and lack of ventilation very nearly resulted in +asphyxiation. With an inhumanity almost incredible, in one instance +one of the prisoners, suffering from fever and dysentery, was locked +up for twelve hours with four others in such a cell without any +sanitary provisions whatever. Friends in Pretoria induced the +authorities, by means not unpopular in that place, to admit a better +class of food than that allowed to the ordinary prisoners; and it is +stated that the first meal enjoyed by the Reformers cost close upon +Ł100 for introduction. Day by day fresh concessions were obtained in +a similar manner, with the result that before long the prisoners were +allowed to have their own clothing and beds and such food as they +chose to order. Nothing however could alter the indescribable +sanitary conditions, nor compensate for the fact that the cells +occupied by these men were in many cases swarming with vermin. + +The climate in Pretoria in January is almost tropical, and the +sufferings of many of the older and less robust men under such +circumstances were very considerable. On the eleventh day of +incarceration the majority of the prisoners were let out on bail of +Ł2,000 each; in the cases of two or three bail of Ł4,000 each was +required; but bail was refused to Colonel Rhodes, Messrs. Phillips, +Farrar, Hammond (the signatories to the letter), and J.P. +FitzPatrick, the secretary of the Reform Committee. These five +continued to occupy the undesirable premises for four weeks more, at +the end of which time, owing to the serious effect upon their health +which imprisonment under these conditions had produced, and owing to +the repeated representations within the Transvaal and from the +British Government as well, an alteration was made under somewhat +novel conditions. + +It was notified to the public that the Government had graciously +consented to admit the prisoners to bail. The terms, however, were +not at the time publicly announced. First and foremost it was +required of them that they should deposit Ł10,000 in sovereigns each +as security that they would not break the conditions of their altered +imprisonment. They were to reside in a cottage in Pretoria under +strong guard, and they were to pay the whole of the costs of their +detention, including the salary and living expenses of the officer +and guard placed over them. The cost, including interest upon the +money deposited, was upwards of Ł1,000 a month. + +The preliminary examination into the charges against the Reformers +began on February 3, and lasted about a month. It resulted in the +committal for trial, on the charge of high treason, of all those +arrested. The Imperial Government having decided to send a +representative to watch the trial on behalf of the British, American +and Belgian subjects, Mr. J. Rose Innes, Q.C., the leader of the Bar +in Cape Colony, attended on their behalf. It was intimated to the +Transvaal Government that Mr. Innes would represent the Imperial +Government; but objection was made to this on the grounds that he had +been admitted to the Pretoria Bar during the British administration, +and had failed to comply with a subsequent rule of Court which +required some sort of registration; and permission was refused to him +to address the Court. The objection was maintained, and Mr. Innes was +obliged to limit his participation in the affair to sitting at the +counsels' table and consulting and advising with the Pretoria +barristers employed to defend the prisoners. + +The examination was, as Dr. Coster the State Attorney announced, of +the nature of a fishing examination, and he claimed to be permitted +to conduct it in a manner which, he alleged, is popular in Holland, +but which is entirely unknown in the Transvaal, and certainly does +not obtain in any British possession. The chief feature of this +system appears to be a total disregard of the rules applying to +evidence. A few instances will suffice. One of the first witnesses +called was Judge Ameshof, who with Chief-Justice Kotzé and Mr. Kock +formed the Government Commission appointed to meet the deputation +from the Reform Committee on January 1. Judge Ameshof was duly sworn, +and was asked to identify a list of the members of the Reform +Committee. He did so. He stated that it was the list supplied to the +Government Commission at the meeting of January 1 by the deputation +of the Reform Committee, and he regarded it therefore as authentic. +The deputation had stated to the Commission that it was so. + +This was the first revelation of the tactics about to be pursued by +the Government, in using information which had been given under +privilege and in good faith by the prisoners themselves, when +negotiating with the Government prior to any question of arrest being +raised. Mr. Wessels, counsel for the accused, rose to obtain from +Judge Ameshof the official account of the meeting, desiring to prove +this very important negotiation by means of witnesses on the +Government side. He got no further however than saying to the +witness, 'You said you were a member of the Government Commission?' +when Judge Ameshof replied, 'Yes, but if you are going to ask me +about anything that took place at that meeting, I cannot answer, +because the meeting was a privileged one.' Mr. Wessels did not lose +his opportunity, 'You have stated,' he said, 'that you are a Judge of +the High Court?' The witness signified assent. 'And you mean to tell +me,' Mr. Wessels continued, 'that you feel yourself free to divulge +so much as it suits the Government to reveal, but that as soon as I +wish to prove something to my clients' advantage the interview +becomes privileged?' The witness did not answer, and Mr. Wessels +appealed to the Court. Judicial Commissioner Zeiler, however, upheld +the witness's contention. Mr. Wessels urged in reply that if it was a +privileged interview he objected to any evidence whatever being given +in connection with it, and protested vehemently against the admission +of the list of members just sworn to. The objection was overruled, +and it was thus laid down that the interview was privileged as far as +the Government was concerned, but not in so far as it could benefit +the Reformers. + +Another case was that of Mr. Schumacher, a witness who testified, +_inter alia_, that he did not know what the objects of a certain +Development Syndicate were. His evidence showed that he had not been +informed upon this point. He was very hard pressed by the State +Attorney, but he adhered to his first answer. Dr. Coster then altered +his tactics and asked, 'Had you no opinions on the subject? Did you +not guess at all?' The witness replied that he might have thought and +conjectured at various times, but that he had nothing in the nature +of information or knowledge on the point. This did not satisfy Dr. +Coster, who then pressed the question, 'Well, what did you think? +What were your thoughts?' The witness objected to state what his +thoughts were, as they could have no bearing on the fact, and might +be absolutely wide of the mark. He could only repeat that he had no +knowledge. The witness appealed to the Bench for protection. Mr. +Wessels urged that it was an unheard-of proceeding to compel a +witness to state what he thought and to use it as evidence. The +objections were again overruled, and the witness was ordered by +the Court to answer. His reply afforded no satisfaction to the +Government, being to the effect that he could not then remember what +his thoughts were at various times. On the application of the State +Attorney the Judicial Commissioner sent him to gaol for twelve hours +for contempt of court. + +Mr. Wessels strenuously objected to the decision and applied to the +Court to stay imprisonment to enable him to appeal to a judge in +chambers, but even this was refused. Mr. Wessels in the course of his +address received a reprimand from the Bench for stating that he now +recognized the force of the State Attorney's contention that the law +of evidence as obtaining in South Africa was not sufficiently wide; +for, he added, he thought it would suit the purpose of the Government +better if they reverted to an older system under which racks and +thumbscrews were popular. + +The witness was sent to gaol. Some hours later an appeal was heard by +Judge de Korté in chambers, and the decision of the Judicial +Commissioner was reversed, but the prisoner had already completed +seven hours' imprisonment in a dirty cell. Judge de Korté stated that +he had reversed the decision after consultation with Chief Justice +Kotzé, and it was felt that something at least had been achieved by +Mr. Schumacher, and the rights of a witness would be recognized. But +the end is not always in sight in dealing with the Transvaal +Government. The State Attorney in turn appealed from the single +judge's decision to the full Bench. Judge Morice, a Scotchman, many +years a judge of the High Court, supported the decision of Judge de +Korté. The Chief Justice, who had advised Judge de Korté in his +decision however in a most extraordinary judgment now reversed it, +and in this view he was supported by Judge Ameshof--himself a witness +in the case against the Reformers. + +Thus the majority judgment of the High Court against the Reformers on +this principle of evidence happened to be formulated by the two +judges who had been appointed to negotiate with the Reformers' +deputation on behalf of the Government. + +The impossibility of obtaining justice in the Courts of the Transvaal +under the then conditions was thus brought home to the prisoners. An +appeal from the decision of the Lower Court on Judge Ameshof's +interpretation of privilege, which had been seriously discussed, was +then abandoned as being worse than useless, and calculated only to +provoke more extreme measures against the prisoners by placing the +Bench in a ridiculous position. It could not be expected that the +Chief Justice, who was himself a member of the Government Commission +which Judge Ameshof had claimed to be privileged, would take any +other view than that favouring the policy and convenience of the +Government which he showed himself so ready to befriend. + +In the Schumacher appeal case before the full Court, Dr. Coster had +made no secret that he intended to disregard the rules and precedents +governing the treatment of witnesses, and even claimed that he should +receive no opposition from the prisoners' counsel, since he was only +'_fishing_' for evidence and not actually accumulating it against the +prisoners, and had no intention of using the evidence given at this +examination. Mr. Wessels asked him whether he would pledge himself to +this effect, and what, for instance, would be done in case a witness +who had been heard at the preliminary examination should die before +the main trial came off. The reply was, that in such a case of course +the Government would be bound to use some of the evidence, but would +use it with discretion and not unfairly. This undertaking provoked +smiles even in court. The wisdom and fairness of Mr. Wessels' +contention were fully justified when the trial actually did take +place, for the whole of the evidence of the preliminary examination +was handed in for the guidance of the judge in determining his +sentences against the accused. It may be added that each witness was +called upon to sign the notes of his evidence as taken down in Dutch. +When required, the official reporter read a free translation of the +notes to the witness before they were signed. + +At the conclusion of the examination all the prisoners were committed +on the same charge--that of high treason--no distinction whatever +being made in the references to them from the Bench. By this time Mr. +Hammond, who had been ill, was released on bail of Ł20,000 in order +to go to the seaside. + +Application was made on behalf of Colonel Rhodes, Messrs. Phillips, +Farrar, and FitzPatrick for release on bail, upon the grounds that no +distinction whatever had been made between them and the other +prisoners who had already been released, but this was refused after +the point had been reserved for consideration by the State Attorney +in consultation with the Chief Justice, and the four men returned to +their former conditions of imprisonment. Mr. Chamberlain continued to +make representations on behalf of these men, and at one time it +appeared as though the restrictions would be removed, Dr. Coster +having pledged himself to accept bail, and having actually drawn out +the bail-bonds and submitted them to the solicitors of the accused +for approval, and every arrangement having been completed--even to +the finding of the additional security. They were however at the last +moment curtly informed that bail would not be allowed. On this being +reported to Mr. Chamberlain, he at once replied to the effect that he +could not believe that a Government would revoke a promise made on +their behalf by the State Attorney. Dr. Leyds, on behalf of his +Government, stated that the matter was in the hands of the State +Attorney alone and did not concern the Executive, and that on inquiry +he found that no such promise had been made and no undertaking given. +The incident is more or less trivial, but again shows the readiness +with which the Boer Government repudiate a promise when it is to +their convenience to do so. Dr. Coster on his side admitted with +expressions of regret that there had been a breach of undertaking, +and stated that it had been done by order of the Executive Council. + +Communications between Mr. Chamberlain and the Pretoria Government +were of great frequency during this period. The phantom of Mr. +Kruger's visit to England was chased with great assiduity. The wily +old President seized on Mr. Chamberlain's suggestions as an excellent +pretext for delay to enable him to spread his nets, and he used the +time to great advantage. But this was not the worst! Mr. +Chamberlain's new diplomacy and his stupid or treacherous advisers +led him into blunders; as when, for instance, he tried to bounce +without the intention of making good his implied threats; and when +he sent his 4th of February despatch (publishing it in London before +it reached Pretoria), strongly and ably reviewing the position, but +spoiling all by a proposal which, whilst it had not been suggested to +or discussed by the Rand people, and would not have been acceptable +to them in lieu of what they had demanded, was also an interference +in the internal affairs of the Transvaal. It gave the Pretoria +Government an opportunity, which they did not miss, of severely +snubbing Mr. Chamberlain. When the latter in turn peremptorily +refused their demands, he was informed that the cancellation of the +London Convention would not be pressed '_at present_,' but might +remain in abeyance. + +Throughout the period prior to the main trial, President Kruger +continued to use with great effect 'the wishes and intentions of his +burghers.' When bail was first refused to the leaders this course was +justified on the grounds that the burghers were strongly against it, +and that the President could not act against their wishes. When at a +later stage a petition was presented by a number of burghers more or +less in touch with the Uitlander community, who felt that the +treatment of the leaders was having a bad effect, counter petitions +came in within a day or two urging the Government on no account to +extend the privilege of bail to these men. Oddly enough, these +petitions were got up and signed by relatives and near connexions of +the President himself. + +During this period another petition was presented which is surely +without parallel in a civilized state; but it illustrates admirably +the Boer idea of right and liberty. Fifty burghers in the district of +Standerton addressed the Government, pointing out the undesirability +of allowing a 'certain Advocate Wessels to defend the Jameson +rebels,' and praying that the Government would put him over the +border, 'which is the slightest punishment that can be inflicted upon +him.' The receipt of this petition was announced in the Government +organ, the _Press_, on March 25. + +At about this time another incident occurred which excited +considerable feeling. Commandant Henning Pretorius, one of the most +prominent Boer officials, having paid a visit to his native district +in the Cape Colony shortly after the Jameson raid, purchased from +the owner of a farm at Cookhouse Drift the beam from which the five +Boers had been hanged at Slagter's Nek for rebellion in the year +1816. Reference has already been made in the first chapter to this +deplorable affair. The beam (which had been built into the house) was +brought up by the purchaser to Pretoria. He states, and no doubt +truly, that he obtained the historical relic for the purpose of +adding it to the National Museum; but it must be added that the time +was not well chosen unless the intention was to rouse feeling. The +_Volksstem_, the Hollander-Boer organ, in an extremely violent +article, described in detail the Slagter's Nek executions, and called +upon the burghers to avenge on the persons of the Reformers their +murdered countrymen; and it is a fact vouched for by persons by no +means friendly to the Uitlander that certain Boers approached +President Kruger, intimating to him that the beam had arrived, that +it would not be necessary to bother about a trial, but that the four +men should be hanged out of hand from the same scaffold which had +served for their compatriots. It is but right to say that President +Kruger's reply was a severe reprimand, and a reminder that they were +not a barbarous people, but should comply with the law. The matter +having been brought to the notice of Mr. Chamberlain, strong +representations were made upon the subject, to which the Transvaal +Government replied (forgetful apparently of the fact that the +President had frequently urged his inability to control his burghers) +that the Transvaal was a civilized State, that the burghers were +law-abiding and peaceful people, and that their Government was at all +times able to control them. It was interesting to see the argument of +the burghers getting out of hand, which was used with such effect in +the case of Dr. Jameson and quoted by Sir Hercules Robinson, recoil +upon the head of its originator. + +A final effort was made by the people of Johannesburg to obtain the +release on bail of the four prisoners. A petition bearing the +signatures of 20,000 persons was presented; the gentlemen bearing the +petition were informed that it could not be received; that they must +call again. Having called again and again, the petition was at last +accepted and placed before the Government; but no reply was ever +vouchsafed. The treatment of this memorial is in sharp contrast +with that accorded to the one presented by a score or so of the +President's relatives and supporters--objecting to the release. + +From the time of the arrests until just before the trial speculation +was rife as to which judge would preside. The Chief Justice and Judge +Ameshof could hardly sit (even allowing for the precedents already +established by them), since they had both acted on the Government +Commission in negotiating with the prisoners, and one of them had +already given evidence against the accused. There remained Justices +Jorissen, De Korté and Morice. Mr. De Korté was then threatened with +suspension owing to pecuniary embarrassments, and would evidently not +be allowed to preside. The fifth judge, Mr. Jorissen, had expressed +himself so violently against the Reformers that he had himself +recognized the impossibility of attaining an impartial attitude, and +had refused to sit. The only judge available was therefore Mr. +Justice Morice, against whom there was no valid objection whatever. +Moreover, in the ordinary routine it so happened that it was his turn +to preside at the forthcoming trial; but he was known to hold Liberal +views and to be strongly in sympathy with internal reform. + +At this time Chief-Justice Kotzé undertook several journeys to the +Free State and Cape Colony, ostensibly to rid himself of insomnia, +but in reality, as results proved, in order to employ a judge for +this trial. His choice eventually fell upon Mr. Gregorowski, formerly +a judge in the Free State, and at that time State-Attorney to that +country. + +Mr. Gregorowski was noted on the Bench for the peculiar severity of +his sentences on all except Boers. He had moreover expressed openly +in Bloemfontein his wish that he might have the trying of 'those +Reformers; he would give them what for.' These things were not known +at the time of the trial; nor had the fact yet come out that before +taking the oath of office he had endeavoured to borrow from at least +one of his colleagues a black cap for the forthcoming trial. His +attitude at the time is sufficiently indicated by what he wrote +shortly after the trial, in defence of his action, '_I came up to put +down rebellion._ I have done so with a strong hand, and I believe +that my judgment will bear good fruit in the future.' The prisoners +could not but contrast the action of the Government in employing and +appointing, on approval, a judge who had no status whatever in the +country, with their action in declining to allow Mr. Rose Innes to +appear at the Bar on the pretext of his previous qualification not +being in order; and it was felt to be ominous that an independent and +upright judge, against whom there could be no objection, should be +passed over, and another specially imported for the occasion. + +The trial was at last fixed to take place on April 27, and the +indictments were served upon the accused six days before that date. +The following is the list of those who were committed for trial: + + Lionel Phillips + Colonel F.W. Rhodes + George Farrar + J.H. Hammond + J.P. FitzPatrick + S.W. Jameson + G. Richards + J.L. Williams + G. Sandilands + F. Spencer + R.A. Bettington + J.G. Auret + E.P. Solomon + J.W. Leonard + W.H.S. Bell + W.E. Hudson + D.F. Gilfillan + C.H. Mullins + E.O. Hutchinson + W. van Hulsteyn + A. Woolls-Sampson + H.C. Hull + Alf. Brown + C.L. Andersson + M. Langermann + W. Hosken + W. St. John Carr + H.F. Strange + C. Garland + Fred Gray{33} + A. Mackie Niven + Dr. W.T.F. Davies + Dr. R.P. Mitchell + Dr. Hans Sauer + Dr. A.P. Hillier + Dr. D.P. Duirs + Dr. W. Brodie + H.J. King + A. Bailey + Sir Drummond Dunbar + H.E. Becher + F. Mosenthal + H.A. Rogers + C. Butters + Walter D. Davies + H. Bettelheim + F.R. Lingham + A.L. Lawley + W.B. Head + V.M. Clement + W. Goddard + J.J. Lace + C.A. Tremeer + R.G. Fricker + J.M. Buckland + J. Donaldson + F.H. Hamilton + P. du Bois + H.B. Marshall + S.B. Joel + A.R. Goldring + J.A. Roger + Thomas Mein + J.S. Curtis{34} + +The indictment served on all alike was as follows: + +H.J. Coster, State Attorney of the South African Republic, who, on +behalf of the State, prosecutes, brings to the notice of the Court: + +That they (citing the accused), all and each or one or more of them, +are guilty of the crime of High Treason: + +Firstly: In that in or about the months of November and December in +the year of our Lord one thousand eight hundred and ninety-five, the +exact dates being unknown to the State Attorney, they, the said +accused, at Johannesburg, Witwatersrand Goldfields, South African +Republic, being citizens of, or residing in, this Republic, all and +each or one or more of them wrongfully, unlawfully, and with a +hostile intention to disturb, injure, or bring into danger the +independence or safety of this Republic, treated, conspired, agreed +with and urged Leander Starr Jameson, an alien, residing without the +boundaries of this Republic, to come into the territory of this +Republic at the head of and with an armed and hostile troop, and to +make a hostile invasion and to march through to Johannesburg +aforesaid. + +Secondly: In that they (the said accused), being citizens of, or +residing in, this Republic, all and each or one or more of them, +there and then in conjunction with Charles Leonard and Dr. H. Wolff, +now fugitives, and other persons unknown to the State Attorney, +appearing and acting as a committee, by them named the 'Reform +Committee,' after the above-mentioned Leander Starr Jameson, on or +about December 29, in the year aforesaid, had come from without the +Republic, at the head of and with an armed and hostile troop, in the +neighbourhood of Ottoshoop, district Marico, into the territory of +this Republic, and had made a hostile invasion, and had violently +attempted to penetrate through to Johannesburg aforesaid, wrongfully, +unlawfully, and with a hostile intention to disturb, injure, or bring +into danger the independence or safety of this Republic, gave, or +attempted to give, the aforementioned Leander Starr Jameson during +his hostile invasion aforesaid information about the state of the +defences at Johannesburg, and had armed troops ready to assist, and +sent assistance to him, and subsequently by seditious speeches made, +or caused to be made, in public, with the object to persuade and +induce the people there to stand by the aforementioned Jameson in his +hostile invasion, and further have assisted him, the aforementioned +Jameson, during his hostile invasion above mentioned, by providing +him with provisions, forage, and horses. + +Thirdly: That in or about the month of December, in the year +aforesaid, and in the month of January in the year one thousand eight +hundred and ninety-six, exact dates not known to the State Attorney, +at Johannesburg aforesaid, they (the said accused), being inhabitants +of, and residing in, this Republic, all and each or one or more of +them, then and there, in conjunction with Charles Leonard and Dr. H. +Wolff, now fugitives, and other persons unknown to the State +Attorney, appearing and acting as a committee named by them the +'Reform Committee,' wrongfully and unlawfully, and with a hostile +intention to disturb, injure, or bring into danger the independence +or safety of this Republic, have distributed, or caused to be +distributed, amongst the population there, and in the neighbourhood +thereof, Maxim guns, other weapons, arms, and ammunition; further, +have enrolled men, or have caused them to be enrolled, and have +formed them, or have caused them to be formed, into military corps; +have erected there, or caused to be erected, earthworks and other +fortifications. + +Fourthly: In that in or about the month of December and the month of +January, the exact dates being unknown to the State Attorney, and at +Johannesburg aforesaid they (the said accused), being citizens of, +and residing in, this Republic, all and each or one or more of them, +then and there, in conjunction with Charles Leonard and Dr. H. Wolff, +now fugitives, and other persons unknown to the State Attorney, +appearing and acting as a committee called by them the 'Reform +Committee,' wrongfully and unlawfully, with hostile intention to +disturb, injure, or bring into danger the independence or safety of +this Republic, have arrogated to themselves, and have exercised and +caused to be exercised, the functions, and powers belonging to the +authorities of this Republic; by violence, or by threats of violence, +have compelled, or caused to be compelled, the police of this +Republic stationed at Johannesburg aforesaid to leave the public +squares and streets; have formed, or caused to be formed, their own +police corps, and have provided that corps, or caused it to be +provided, with guns and other arms; and further have appointed, or +caused to be appointed, as head of that corps, Andrew Trimble, and +have entrusted him with jurisdiction in police cases, in virtue +whereof the aforementioned Andrew Trimble has passed sentence and +caused it to be carried out. + +In consequence of all which acts abovementioned the independence of +this country was brought into danger, and its safety disturbed and +impaired. + +Wherefore the State Attorney, after due proof and conviction thereof, +requests the judgment of this Court against said accused, according +to law. + +The general opinion based upon the character of the evidence adduced +at the preliminary examination was that it would be impossible to +sustain the charge of high treason; but the disclosure of the +documents in the possession of the State Attorney put a different +complexion upon the case. Then for the first time the members of the +Reform Committee became aware of that factor in their case which has +since become famous as 'de trommel van Bobby White'--Major Robert +White's despatch-box--a veritable conjurer's hat, from which Mr. +Kruger produced to an admiring and astonished world the political +equivalents of eggs and goldfish, pigeons and white mice. In this box +(which was taken with the invading force at Doornkop) it appears +Major White had brought as much of his previous correspondence as he +could conveniently carry, together with diaries, notebooks, +code-books, cipher-keys, etc. Nor was this all. He had brought a copy +of the letter of invitation, certified by himself as magistrate in +the Bechuanaland Protectorate. Revelations at and subsequent to the +trial show that the State Attorney, on discovering this copy and +finding that as a copy it would not be admitted and that he might +experience some difficulty in proving it, prevailed upon Major White +while in the Pretoria gaol to confirm his previous certificate, and +to make an affidavit to the effect that he had compared the letter +with the original, that it was a true copy, and that he had examined +the signatures, and believed them to be the signatures of the persons +indicated. The State Attorney alleges that he bargained with Major +White for this affidavit, and in return surrendered to him certain +private documents which had also been taken in the despatch-box. +Major White on the other hand stated to the writer and to another +member of the Reform Committee--Mr. H.C. Hull--that there is no truth +in the allegation that he received a _quid pro quo_; but has no +excuse to offer for making the affidavit, except that he--_'does not +remember having done it.'_ + +The Reform prisoners, who, animated by a desire not to give any of +their comrades away, had for a period of close upon four months borne +all the abuse which could be heaped upon them, and had abstained from +making any defence in public, or any of those revelations such as +have since been made through the exertion of the Transvaal +authorities, the Select Committee of the Cape House of Assembly, and +the Bow Street officers, found to their inexpressible disgust that +the efforts which they had made were rendered futile by the capture +of these documents; and they were highly incensed at the action of +one of the very men whose lives they believed they had saved by +surrendering on January 7. The affidavit was looked upon as +unpardonable, and the unnecessary statement regarding the genuineness +of the signatures was interpreted in a very unpleasant sense. + +Consultations now took place between Mr. Advocate Wessels and Mr. +Richard Solomon, Q.C., of Kimberley, who had also been retained on +behalf of the accused; and endeavours were made to obtain from the +State Attorney details of the evidence which it was proposed to +bring, but with only partial success. From the facts already known to +them it was clear that the Government were determined to stretch +every point in law to their own advantage and to indulge in few +scruples as to the means to be employed to secure a conviction. The +Judge, it was known, had been specially imported for this trial, +and provisionally appointed to a seat on the Bench. As the +confirmation of his appointment was to take place when the Volksraad +should meet, or at any rate at some period subsequent to the trial, +it was not unnatural to regard his as a case in which a judge was +appointed on approval, the appointment to be either confirmed or +cancelled according to the satisfaction which he should give. + +Appeal to the full bench of the High Court had already been proved to +be entirely useless; since the only judges to whom appeal could be +made were those who had in the earlier stages associated themselves +with the Government against the Reform Committee, and later on in +their judicial capacities confirmed the attitude taken up by them as +patriots. + +The options before the prisoners were therefore three in number. One +course would be to enter upon a protracted trial before a Boer jury +and a specially-appointed judge, with the certainty for the majority +of an adverse verdict in any case. In such a trial numberless +occasions would arise for the exercise of discretion in the admission +or rejection of evidence, and any defence of the prisoners must +necessarily partake of the character of an indictment against the +Government and the faction which both judge and jury avowedly +represented, and tend only to aggravate the penalty. They would +moreover have to face that trial as a body of over sixty men, many of +whom could have reasonably set up special defences, many of whom were +not even mentioned in any evidence which the Government had yet +secured (with the exception of course of Judge Ameshof's _privileged_ +list), and could therefore reasonably expect to be discharged on +making individual defences. The second alternative was to decline to +plead at all, on the ground that they had negotiated with the +Government in good faith, and that a treacherous arrest and breach of +understandings arrived at would not be recognised in any way by +them--in fact, to refuse to condone treachery or take a hand in a +farce. The third course was to plead guilty, and take a short cut on +the best terms possible to what was realized to be a pre-arranged +conclusion. + +The second alternative was rejected, because it was found to be +impossible to secure unanimity of action. In the course of the +discussions upon the other alternatives, certain negotiations took +place between the State Attorney Dr. Coster and Mr. Wessels, the +result of which was that Dr. Coster made the following offer: If the +leaders (the signatories to the letter of invitation) would consent +to plead guilty to count 1 of the indictment, he would agree to +withdraw as against them counts 2, 3, and 4; and in such case he +would agree that the rank and file should plead guilty to counts 3 +and 4 only, he withdrawing as against them counts 1 and 2. The matter +was discussed by the prisoners, and objection was taken to that part +of the indictment in which it was stated that the Reform Committee +had acted 'with a hostile intention to disturb, injure or bring into +danger the independence or safety of this Republic.' + +Another meeting took place between the State Attorney and Mr. +Wessels, at which Dr. Coster agreed to eliminate from the indictment +against the rank and file the words objected to, provided that the +leaders would plead guilty to count 1. Having arrived at this--to +him--satisfactory conclusion, Dr. Coster remarked that they (_i.e.,_ +all except the four) were now charged with a merely nominal offence. +Mr. Wessels endeavoured to obtain the same alteration in the +indictment of the leaders, but this was refused on the ground that it +would make the indictment ridiculous; and, _apropos_ of the +concession to the rank and file, Dr. Coster even expressed doubts as +to whether, if the hostile intention were eliminated, any crime could +be said to remain under the indictment. He however agreed to allow +the four leaders to qualify their plea by a statement in writing +which they were to put in at the same time. He stated that he would +have _pro forma_ to put in some evidence of the offence, but +undertook not to press for exemplary punishment, and moreover +promised that he would not dispute or question the statement to be +put in, provided that it contained no material error in fact. + +A discussion then followed as to the law under which the trial would +take place. Mr. Wessels urged that, as there was specific provision +in the statute law for cases of this nature, the statute law would of +course apply in preference to Roman-Dutch law. Dr. Coster said he +presumed that this would be the case, but that he was not quite sure +whether Roman-Dutch law would not apply. He added however that +anything he could say would not be binding upon the judge, who could +alone decide as to the question of law. + +Mr. Wessels's report to his clients induced the rank and file to +agree under the altered circumstances to the third alternative, +namely, pleading guilty, and they agreed to this under the +impression, which without doubt had been suggested and deliberately +fostered by the Government, that they were pleading guilty to a +nominal offence, and would incur a monetary penalty in proportion. + +In consultation with the leaders, Mr. Wessels reported the +discussions with Dr. Coster as above given. Both he and Mr. Solomon +represented to them the gravity of the plea, and said that there was +the possibility that the judge would invoke Roman-Dutch law and +ignore the laws of the country, in which case it would be in his +power to pass sentence of death. In their opinion, they added, and in +the opinion of Mr. Rose Innes and others, this would be a monstrous +straining of the law, yet they felt bound to indicate the +possibility. + +The course before the prisoners was not indeed an attractive one, but +it was not without its recommendations. It would have been infinitely +preferable to fight it out had there been a chance of a good fight, +if even a losing one; but, apart from a verdict of guilty being an +absolute certainty, the circumstances were against any possibility of +effecting anything like a strong impeachment of the Government. +Moreover, the course now proposed would prevent any 'giving away' of +Dr. Jameson, who had yet to be tried, and of others; and it also +removed the necessity for individual defences by those among the +prisoners who had been involved in a less degree than others. The +matter at that time appeared in one way to concern the leaders only. +If they were willing to take upon themselves the burden of the charge +and secure the acquittal of others by accepting the full +responsibility, it could only be regarded as a chivalrous act. But +there were some among the other the prisoners--'Irreconcilables,' +as they were called--who considered themselves equally responsible +with the leaders, who strongly objected to shifting any portion of +their responsibility upon others, and who desired to stand with those +who were prepared to bear the brunt of the charge. To them the +suggestion to plead guilty was as gall and wormwood, and was regarded +as another humiliation which they were required to endure, another +climbing-down similar to the disarmament, and attended, like it, with +exasperating and baffling complications and involvements that made +refusal an impossibility. The one call to which these men would +respond was the call to stand together and have no divisions--a cause +for which they were still to make many sacrifices. The irony of it +was that in order to 'stand together' they had to agree to +segregation. + +Dr. Coster would accept no further modification or variation of his +terms--there was no option to individuals to plead not guilty and +fight it out, except at the cost of involving all the others, nor was +there any option to them to plead with the leaders. One other factor +in the determination of this policy remains to be noted. The +communications already recorded as having passed between some of the +members of the Reform Committee and Dr. Jameson, after the latter had +actually invaded the country, and some evidence as to the +arrangements made for the reception and camping of his force, were in +the hands of the Government, and these were sufficient to convict +every member of the Reform Committee under count 2 of the indictment +in a trial before a Boer jury and by a special judge. Conviction +under count 1 was assured by the letter of invitation and the +admissions in the 'privileged' meeting with the Government +Commission. Conviction under count 2 would be a distinct aggravation +of the position of the four--or so it seemed then--whilst it would be +a most serious thing for the rank and file; and it was finally +decided to plead in accordance with the suggestion of the State +Attorney. The decision was conveyed to this gentleman and by him to +the President, who expressed his 'satisfaction' at a course which +would enable him to 'deal magnanimously with the prisoners,' no doubt +in pursuance of the policy of 'Forget and Forgive.' When, as a +convincing proof of the wisdom of the decision to plead guilty, +the 'satisfaction' of the President was made known to the +Irreconcilables, they remarked that this was the worst sign that +they had yet detected, but others were more hopeful. + +As to the soundness of the advice on which the prisoners pleaded, it +may be observed that Messrs. Gregorowski and Coster have both since +then expressed the opinion that there was sufficient evidence to +convict one and all of high treason, and they should know what would +have been considered 'sufficient.' The latter added that the prime +movers were of course guilty; but they at any rate had tried to stop +Jameson, whilst those who joined the Reform Committee in the later +stages were morally worse, since they had only joined when and +because they knew that he had invaded the country. Mr. Gregorowski, +at a later stage, defended his sentence on the leaders, but feared he +had been 'far too lenient with the others.' It would be unfair +therefore to suggest that the advice on which the prisoners had +decided to act was other than sound wise and proper in the +circumstances. That it should afterwards appear that the other +parties to the arrangement had acted with deliberate duplicity and +bad faith cannot be laid as a charge against the gentlemen who gave +this advice, and whose only fault, if fault it be, was that their +instincts, their principles, and their training precluded the +suspicion of treachery. + +The trial commenced on April 24, when the prisoners were arraigned, +after which an adjournment was made until the 27th, in order to allow +three of the prisoners who were then travelling up to take their +trial to arrive. On the latter date, all being present, and pleas of +guilty having been recorded, the State Attorney put in the cipher +telegrams, the minutes of the 'privileged' meeting between the +Government Commission and the deputation of the Reform Committee, +none of which had been produced in evidence, and the record of +evidence taken at the preliminary examination. Mr. Wessels then read +and put in the following statement of the four leaders: + +For a number of years endeavours have been made to obtain by +constitutional means the redress of the grievances under which the +Uitlander population labours. The new-comer asked for no more than is +conceded to emigrants by all the other Governments in South +Africa, under which every man may, on reasonable conditions, become a +citizen of the State; whilst here alone a policy is pursued by which +the first settlers retain the exclusive right of government. + +Petitions supported by the signatures of some 40,000 men were +ignored; and when it was found that we could not get a fair and +reasonable hearing, that provisions already deemed obnoxious and +unfair were being made more stringent, and that we were being +debarred for ever from obtaining the rights which in other countries +are freely granted, it was realized that we would never get redress +until we should make a demonstration of force to support our claims. + +Certain provision was made regarding arms and ammunition, and a +letter was written to Dr. Jameson, in which he was asked to come to +our aid under certain circumstances. + +On December 26 the Uitlanders' Manifesto was published, and it was +then our intention to make a final appeal for redress at the public +meeting which was to have been held on January 6. In consequence of +matters that came to our knowledge we sent on December 26 Major Heany +(by train via Kimberley), and Captain Holden across country, to +forbid any movement on Dr. Jameson's part. + +On the afternoon of Monday, December 30, we learnt from Government +sources that Dr. Jameson had crossed the frontier. We assumed that he +had come in good faith to help us, probably misled by some of the +exaggerated rumours which were then in circulation. We were +convinced, however, that the Government and the burghers would not in +the excitement of the moment believe that we had not invited Dr. +Jameson in, and there was no course open to us but to prepare to +defend ourselves if we were attacked, and at the same time to spare +no effort to effect a peaceful settlement. + +It became necessary to form some organization for the protection of +the town and the maintenance of order; since, in the excitement +caused by the news of Dr. Jameson's coming, serious disturbances +would be likely to occur, and it was evident that the Government +organization could not deal with the people without serious risks of +conflict. + +The Reform Committee was formed on Monday night, December 30, and it +was intended to include such men of influence as cared to associate +themselves with the movement. The object with which it was formed is +best shown by its first notice, viz.: + +'Notice is hereby given that this Committee adheres to the National +Union Manifesto, and reiterates its desire to maintain the +independence of the Republic. The fact that rumours are in course of +circulation to the effect that a force has crossed the Bechuanaland +border renders it necessary to take active steps for the defence +of Johannesburg and preservation of order. The Committee earnestly +desire that the inhabitants should refrain from taking any action +which can be construed as an overt act of hostility against the +Government. By order of the Committee, + + 'J. PERCY FITZPATRICK, + '_Secretary_.' + +The evidence taken at the preliminary examination will show that +order was maintained by this Committee during a time of intense +excitement, and through the action of the Committee no aggressive +steps whatever were taken against the Government, but on the +contrary, the property of the Government was protected, and its +officials were not interfered with. + +It is our firm belief that had no such Committee been formed, the +intense excitement caused by Dr. Jameson's entry would have brought +about utter chaos in Johannesburg. + +It has been alleged that we armed natives. This is absolutely untrue, +and is disposed of by the fact that during the crisis upwards of +20,000 white men applied to us for arms and were unable to get them. + +On Tuesday morning, December 31, we hoisted the flag of the Z.A.R., +and every man bound himself to maintain the independence of the +Republic. On the same day the Government withdrew its police +voluntarily from the town and we preserved perfect order. + +During the evening of that day, Messrs. Marais and Malan presented +themselves as delegates from the Executive Council. They came (to use +their own words) to 'offer us the olive branch,' and they told us +that if we would send a deputation to Pretoria to meet a Commission +appointed by the Government, we should probably obtain 'practically +all that we asked for in the Manifesto.' + +Our deputation met the Government Commission, consisting of Chief +Justice Kotzé, Judge Ameshof, and Mr. Kock, member of the Executive. + +On our behalf our deputation frankly avowed knowledge of Jameson's +presence on the border, and of his intention, by written arrangement +with us, to assist us in case of extremity. + +With the full knowledge of this arrangement, with the knowledge that +we were in arms and agitating for our rights, the Government +Commission handed to us a resolution by the Executive Council, of +which the following is the purport: + +'The High Commissioner has offered his services with a view to a +peaceful settlement. The Government of the South African Republic has +accepted his offer. Pending his arrival, no hostile step will be +taken against Johannesburg, provided Johannesburg takes no hostile +action against the Government. In terms of a certain proclamation +recently issued by the President, the grievances will be earnestly +considered.' + +We acted in perfect good faith with the Government, believing it to +be their desire, as it was ours, to avert bloodshed, and believing it +to be their intention to give us the redress which was implied in the +'earnest consideration of grievances.' + +There can be no better evidence of our earnest endeavour to repair +what we regarded as a mistake on the part of Dr. Jameson than the +following offer which our deputation, authorized by resolution of the +Committee, laid before the Government Commission: + +'If the Government will permit Dr. Jameson to come into Johannesburg +unmolested, the Committee will guarantee, with their persons if +necessary, that he will leave again peacefully as soon as possible.' + +We faithfully carried out the agreement that we should commit no act +of hostility against the Government; we ceased all active operations +for the defence of the town against any attack, and we did everything +in our power to prevent any collision with the burghers--an attempt +in which our efforts were happily successful. + +On the telegraphic advice of the result of the interview of the +deputation with the Government Commission, we despatched Mr. Lace, a +member of our Committee, as an escort to the courier carrying the +High Commissioner's despatch to Dr. Jameson, in order to assure +ourselves that the despatch would reach its destination. + +On the following Saturday, January 4, the High Commissioner arrived +in Pretoria. On Monday, the sixth, the following telegram was sent to +us: + + 'Pretoria, _January 6, 1896._ + +'_From_ H.M.'s AGENT _to_ REFORM COMMITTEE, _Johannesburg._ + +'_January 6._--I am directed to inform you that the High Commissioner +met the President, the Executive, and the Judges to-day. The President +announced the decision of the Government to be that Johannesburg must +lay down its arms unconditionally as a [condition] precedent to a +discussion and consideration of grievances. The High Commissioner +endeavoured to obtain some indication of the steps which would be +taken in the event of disarmament, but without success, it being +intimated that the Government had nothing more to say on this subject +than had already been embodied in the President's proclamation. The +High Commissioner inquired whether any decision had been come to as +regards the disposal of the prisoners, and received a reply in the +negative. The President said that as his burghers, to the number of +8,000, had been collected and could not be asked to remain +indefinitely, he must request a reply "Yes" or "No" to this ultimatum +within twenty-four hours.' + +On the following day Sir Jacobus de Wet, H.M.'s Agent, met us in +committee, and handed to us the following wire from his Excellency +the High Commissioner: + +'HIGH COMMISSIONER, _Pretoria, to_ SIR J. DE WET, _Johannesburg._ + +'_Received Johannesburg 7.36 a.m., January 7, 1896._ + +'_Urgent_--You should inform the Johannesburg people that I consider +that if they lay down their arms they will be acting loyally and +honourably, and that if they do not comply with my request they +forfeit all claim to sympathy from Her Majesty's Government, and from +British subjects throughout the world, as the lives of Jameson and +prisoners are practically in their hands.' + +On this, and the assurance given in the Executive Council resolution, +we laid down our arms on January 6, 7, and 8; on the 9th we were +arrested, and have since been under arrest at Pretoria, a period of +three and a half months. + +We admit responsibility for the action taken by us. We frankly avowed +it at the time of the negotiations with the Government, when we were +informed that the services of the High Commissioner had been accepted +with a view to a peaceful settlement. + +We submit that we kept faith in every detail in the arrangement with +the Government; that we did all that was humanly possible to protect +both the State and Dr. Jameson from the consequence of his action; +that we have committed no breach of the law which was not known to +the Government at the time that the earnest consideration of our +grievances was promised. + +We can only now lay the bare facts before the Court, and submit to +the judgment that may be passed upon us. + + + (Signed) LIONEL PHILLIPS. + FRANCIS RHODES. + GEORGE FARRAR. + +Pretoria, April 24, 1896. + +I entirely concur with the above statement. + + + (Signed) JOHN HAYS HAMMOND. + +Pretoria, April 27, 1896. + +An incident which occurred during the reading of this statement +enabled the prisoners to realize how poor would have been their +chance of a fair trial before a Boer jury. On the right hand of the +judge seats had been reserved for higher officials. Several members +of the Executive were present in this quarter, and amongst them in a +very prominent position and facing the quarter reserved for the +burghers sat Mr. Wolmarans, a member of the Executive Council. When +Mr. Wessels came to that portion of the statement referring to the +negotiations with the Executive Council, Mr. Wolmarans at first +smiled superciliously, then turned and addressed a remark to one of +his colleagues, shrugging his shoulder at the same time, and at the +conclusion of the reference looked across the room to where the +jurymen sat, still smiling and shaking his head slowly and +continuously for half a minute. To men accustomed to the decencies of +British Courts of Justice this incident was rather revolting. When it +is remembered that the Government refused to produce the minute +referred to, and that through their representatives they claimed +'privilege' for the interview at which it was given, in order to +absolve themselves from appearing in Court, and that Mr. Wolmarans +himself sent the message to the Rand that the Government by the +withdrawal of its police gave practical evidence of holding out the +olive-branch, his conduct appears the more unprincipled. + +The State Attorney in a purely formal address, in consonance with his +promise to Mr. Wessels not to seek exemplary punishment, asked for +punishment according to law. Mr. Wessels in reply made an eloquent +appeal on behalf of the accused and recited the circumstances which +led to their seeking redress in the manner in which they did. He +referred to the negotiations with the Government, to the part played +by the Reform Committee in the maintenance of order, to the fidelity +with which they had fulfilled their undertakings with the Government, +and to their attitude towards Dr. Jameson. His references to the +Government and to the existing abuses were made as judiciously as +possible. He referred candidly to the relationship with Dr. Jameson, +especially alluding to the efforts made to protect him from the +results of his own action and to stand by him even at the cost of +personal sacrifice, and claimed that such action towards their former +colleague within the limits set by them did not necessarily imply +treason against the independence of the State, but should fairly +entitle the prisoners to sympathy for their efforts to save a quondam +colleague, however wrong he might have been. On the point of law, Mr. +Wessels claimed that the Thirty-three Articles formed the basis of +the State's law, that there was specific provision for such cases as +this in those Articles, and that the punishment to be meted out to +the prisoners should be in accordance with these statutes, modified +as the Court in its judgment might deem fit. No sooner had Mr. +Wessels resumed his seat than Dr. Coster, as was then thought, +repenting the fulfilment of his promise and casting off all disguise, +or, as is more probable, carried away by an over-mastering excitement +and strong personal and racial feeling and stimulated by +concentration upon one aspect only of the case, claimed the right to +address the Court again after the advocate for the defence had +spoken. Dr. Coster has the reputation among those who know him of +being a thoroughly honourable and straight-forward gentleman. As a +Hollander no doubt he felt deeply in a matter in which Hollanderism +was the _casus belli_; as public prosecutor it was his duty to +prosecute, not to judge; and one prefers to think that in peculiar +and trying circumstances he forgot the pledge he had given and +remembered only the cause of his party. In a short but very violent +speech he depicted in the blackest terms the actions of the men +against whom he had agreed not to seek exemplary punishment, and +pointing out the provisions of the Roman-Dutch law, claimed that the +Court should apply it in this case in preference to the statutes of +the country, and demanded from the Court the severest possible +penalty which could be imposed under that law and under the +Thirty-three Articles and the Gold Law as well. With reference to the +last-named, Dr. Coster having mentioned the provision regarding the +confiscation of property, said that upon this point he would not +speak but would leave the matter to the judgment of the Court. The +Court was then adjourned until the morning of the 28th, ostensibly in +order to enable the judge to consider the evidence and make up his +mind. + +The majority of the prisoners, utterly unsuspicious of what lay +before them, made all necessary arrangements to return to their homes +and avocations upon the conclusion of the trial, believing that a +nominal fine would be the penalty imposed. Many of them had taken +return tickets from Johannesburg available for two days. The public +throughout the Transvaal and South Africa anticipated nothing more +than a nominal punishment upon the majority and a fine of a few +thousand pounds upon the signatories to the letter of invitation. + +Some of the prisoners however were better informed. News had been +obtained some days before the trial commenced that extra +accommodation was being prepared in the gaol, avowedly to provide for +the Reformers. Two of the accused visited the gaol and verified this. +Others of the accused, few in number, were informed by personal +friends who had special means of getting information in Pretoria that +imprisonment would be the lot of all and that the punishment on the +leaders would be extremely severe; and they provided for this +contingency accordingly. The manager of the Government newspaper in +Pretoria informed two or three of those interested that the sentence +of death would be passed upon the four leaders, as this had been +arranged; and men closely associated with the leaders themselves had +been confidentially informed beforehand that it was the intention of +the Government to pass sentence of death, and that the matter was a +cut-and-dried one. The information was given with a view to preparing +the prisoners for what awaited them. + +On approaching the temporary Court-house (the Pretoria Market +Buildings having been altered for this purpose) on the morning of the +sentence, it was perfectly evident that some serious development was +afoot. The town was thronged with mounted burghers, State artillery, +and mounted and foot police. Every approach to the Court was guarded +and the streets were patrolled. Most of the population of Pretoria +were gathered in the Market Square, endeavouring to gain admittance +to the Court. The prisoners were arranged in their former places in a +special quarter of the building railed off for the purpose, with the +exception of Messrs. Phillips, Farrar, Rhodes and Hammond, who +were separated from the rest and placed in a special movable dock, +which had been carried in over the heads of the people after the hour +appointed for the sitting of the Court. The appearance of this dock +was recognized by all to be ominous, but some relief from the feeling +of foreboding was experienced when Judge Gregorowski after taking his +seat was observed to smile several times and to make some jocular +remark to one of the officials of the Court. The faces of the +officials however damped any hopes that were built upon the judge's +genial appearance. + +Many of these gentlemen were personal and intimate friends of the +prisoners: some were connected by closer ties; and one of the most +trying experiences for the prisoners was to witness the complete +breakdown of the minor officials employed in the carrying out of this +tragic farce. The judge's first order was for the removal of all +ladies. The wives and relatives of many of the prisoners had been +warned by them beforehand of what was likely to happen and had +accordingly absented themselves, but there were nevertheless a good +number of ladies present. Judge Gregorowski then took the case in +hand, passed in review the circumstances, and dealt with much of the +evidence, including that taken at the preliminary examination and the +documents put in by Government which had not yet been seen by the +prisoners' advisers. He made no reference to the statement of the +principal accused, subject to which their plea of guilty had been +made and accepted. He reviewed the law, and by a method of reasoning +which has not commended itself to others he justified himself for +setting aside special statutes and applying the Roman-Dutch law +instead. In conclusion, he stated that he held the signatories of the +letter to be directly responsible for the shedding of the burghers' +blood at Doornkop, that he would therefore pass upon them the _only +punishment possible_ under Roman-Dutch law--namely death, and that +whatever hope there might be in the merciful hearts of the Executive +Council and in the President's great magnanimity, they should +remember that in no other country would they have the slightest +grounds for hope. The usual question as to whether there were any +reasons why sentence of death should not be passed upon them having +been put and the usual reply in the negative having been received, in +the midst of silence that was only disturbed by the breaking down of +persons in various parts of the hall--officials, burghers, and in the +general public--sentence of death was passed, first on Mr. Lionel +Phillips, next on Colonel Rhodes, then on Mr. George Farrar, and +lastly on Mr. Hammond. The bearing of the four men won for them +universal sympathy and approval, especially under the conditions +immediately following the death sentence, when a most painful scene +took place in Court. Evidences of feeling came from all parts of the +room and from all classes of people: from those who conducted the +defence and from the Boers who were to have constituted the jury. The +interpreter translating the sentence broke down. Many of the minor +officials lost control of themselves, and feelings were further +strained by the incident of one man falling insensible. + +Sentence was next passed upon the other prisoners. They were +condemned to suffer two years' imprisonment, to pay a fine of Ł2,000 +each, or as an alternative suffer another year's imprisonment, and +thereafter to be banished from the State for a period of three years. +It was added that the question of confiscation of their property +would be one for the Executive to deal with. + +The action of Mr. Gregorowski has been variously described, but at no +time more graphically than at the time of the sentence, when a +sergeant of police who was guarding the prisoners exclaimed in the +peculiar Dutch idiom: 'My God! he is like a dog: he has bitten and +chewed and guzzled!' + +After passing the minor sentences the judge gave a short address to +the burghers, in which he thanked them for their attendance and made +allusion with evident signs of satisfaction to the manner in which +the trial had been brought to a conclusion. A long delay followed +during which the judge proceeded to note his judgments. Once his +attention was drawn by a remark of an official to which he replied +promptly, at the same time breaking into a broad smile, but suddenly +recollecting the circumstances and the presence of the men sentenced +to death, placed his hand over his mouth and wiped the smile away. +The incident was of course noticed by many people in Court and helped +to strengthen the impression which a limited but sufficient +experience of Mr. Gregorowski had already created. + +If the belief which now obtains, that the Reformers were enticed to +plead guilty and misled as to the probable consequences of that plea, +should outlive personal feelings and leave a permanent mark in South +African history, it will be because it survives a searching test. In +South Africa--as in many other countries--it is the invariable +practice of the Courts to decline to accept the plea of guilty to a +capital charge. The prisoner is informed that as the plea involves +capital punishment it will not be accepted; and a formal trial and +sufficient evidence of the crime are required by the Court. That is +done even in cases where the prisoner knows what the punishment will +be! In the case of the Reformers the State Attorney had, it is true, +informed Mr. Wessels that he would be obliged _pro forma_ to put in +certain evidence, but the reason was not given, and Mr. Wessels +regarded it merely as the _quid pro quo_ for accepting unquestioned +the written statement of the four accused! Mr. Gregorowski in +defending his sentence has stated that under Roman-Dutch law he had +no option but to pass sentence of death. Yet contrary to the custom +with which seventeen years' practice had made him familiar he +accepted the plea of guilty--and accepted it without a word of +explanation or of warning! Is it surprising that people should want +to know why? + +The men were removed from Court under very heavy escort, the +condemned men being conveyed in a closed carriage and the rest of the +prisoners being marched through the streets to the gaol, the whole +party moving at a foot pace. A little incident at the start did not +fail to attract attention. The officer commanding a section of the +guard having issued his orders in Dutch and some confusion having +ensued, the orders were repeated _in German_, with a satisfactory +result. + +One more incident--trifling perhaps in itself but leaving an +ineffaceable impression--occurred during the march to the gaol. As +the prisoners slowly approached the Government buildings, Dr. Leyds +accompanied by one friend walked out until within a few yards of the +procession of sentenced men (a great proportion of whom were +personally well known to him) and stood there with his hands in his +pockets smiling at them as they went past. The action was so +remarkable, the expression on the State Secretary's face so +unmistakable, that the Dutch guards accompanying the prisoners +expressed their disgust. His triumph no doubt was considerable; but +the enjoyment must have been short-lived if the accounts given by +other members of the Executive of his behaviour a month later are +to be credited. The man who stood in safety and smiled in the faces +of his victims was the same Dr. Leyds who within a month became +seriously ill because some fiery and impetuous friend of the +prisoners sent him an anonymous letter with a death's head and +cross-bones; who as a result obtained from Government a guard over +his private house; and who thereafter proceeded about his duties in +Pretoria under armed escort. + +It is stated that the death sentence was commuted the same afternoon, +but no intimation of this was given to the prisoners and no public +announcement was made until twenty-four hours later. In spite of the +vindictive urgings of the Hollander newspaper, the _Volksstem_, few +could believe that the death sentence would be carried out and most +people recognized that the ebullitions of that organ expressed the +feelings of only a few rabid and witless individuals among the +Hollanders themselves and were viewed with disgust by the great +majority of them. At the same time the scene in court had been such +as to show that the Government party--the officials and Boers then +present--had not regarded the death sentence as a mere formality, but +had, on the contrary, viewed it as a deliberate and final judgment. +In such circumstances therefore it can be believed that the prisoners +themselves were not without misgivings. + + +Footnotes for Chapter VIII + +{33} Died in prison. + +{34} Unable, owing to illness, to stand trial +with the others. On recovery, Mr. Curtis returned to the Transvaal, +and decided to plead 'not guilty,' whereupon proceedings were +dropped. + + + + +CHAPTER IX. + +LIFE IN GAOL. + + +In the Transvaal no distinction is made between ordinary criminals +and those who in other countries are recognized as first-class +misdemeanants. Consequently the Reformers, without regard to the +nature of their offence, their habits, health, age, or condition, +were handed over to the gaoler, Du Plessis, a relative of President +Kruger, to be dealt with at his kind discretion. For two days the +prisoners existed on the ordinary prison fare. The majority being men +in the early prime of life and in excellent health, suffered no ill +effects, preferring to do with little or no food rather than touch +that which was doled out to them; but to the others it was a rather +serious thing. There were several men between fifty and sixty years +of age whose lives had been spent under favourable conditions. There +were some suffering from consumption, one from diabetes, one from +fever, one from dysentery, and several others from less dangerous but +sufficiently serious complaints. All alike were compelled to sleep +upon the floor, with two thin blankets for protection. They were +locked in at 6 p.m., and allowed out at 6 a.m. Sanitary accommodation +was represented by the presence of a couple of buckets in the +sleeping room. The air-space per man worked out at 145 cubic feet as +against 900 feet prescribed by English prison regulations. +Ventilation was afforded on the one side by square holes cut in the +corrugated iron walls of the shed,{35} and on the other (the +buildings being lean-to's against the permanent prison buildings) +by grated windows opening into the native cells. Needless to say, +these grated windows were originally intended to afford ventilation +to the native cells, but the buildings to accommodate the Reformers +had been erected against the side-walls of the Kaffir quarters. The +stench was indescribable. At 6 a.m. the prisoners were allowed out +into the yard, where they had the option of exercising throughout the +day. The lavatories and bathing arrangements consisted of a tap in +the yard and an open furrow through which the town water ran, the +lower end of which was used as a wash-place by prisoners, white and +black alike. Within a foot or two of the furrow where alone washing +of the person or of clothing was allowed stood the gaol urinals. +There was neither adequate provision in this department nor any +attempt at proper supervision, the result being that through +irregularities, neglect, and defective arrangement the ground on both +sides of the water-furrow for six or eight yards was horribly stained +and saturated by leakage. Many of the prisoners could not approach +this quarter without being physically ill. Without further detail it +may be stated that there were at that time over 250 prisoners, about +100 of whom were white. There were three closets and six buckets for +the accommodation of all, and removals took place sometimes once a +day, sometimes once in every four days. Nothing but the horror of +such conditions, and the fact that they prevail still in Pretoria +Gaol, and presumably in other gaols more removed from critical +supervision, could warrant allusions to such a disgusting state of +affairs. + +At 6.15 breakfast was served. A number of tin dishes, containing one +pound of mealie-meal porridge (ground maize) each were placed in a +row on the ground in the yard in the same manner as a dog's food +might be set out. A bucket near by contained some coarse salt in the +condition in which it was collected in the natural salt pans, the +cubes varying from the size of peas to the size of acorns. No sugar, +milk, tea, or coffee, was allowed. In order to utilize the salt the +prisoners were obliged to crush it with rough stones on the cement +steps. Needless to say, but few partook of this food. To those who +had not tasted it before in the course of prospecting or up-country +travelling where conditions are sometimes very hard, it was no +more possible to swallow it than to eat sawdust. + +Dinner was at twelve o'clock, and it consisted of coarse meat boiled +to that degree which was calculated to qualify the water in which it +was boiled to be called soup, without depriving the meat of all title +to be considered a separate dish. With this meal was also served half +a pound of bread. Supper, which was provided at five o'clock, was +exactly the same as breakfast. + +Two days of this fare told very severely upon those whose physical +condition was not of the best. By the third day several of the older +men and those in ill-health had broken down and were placed on +hospital fare. Matters were sufficiently serious to induce the +authorities to allow gradual amelioration of the conditions, and by +degrees food of a better class was introduced. Mattresses and other +articles of bedding were allowed, but stretchers although provided +for in the prison regulations were denied to the men until a few +hours before their release a month later, when the prisoners were +permitted by the gaoler to purchase them, no doubt with an eye to +reversion to him in the course of a few hours. From time to time the +regulations as to food were varied at the whim of the gaoler. On one +day only cooked food would be allowed in; on another only raw food; +on a third nothing but tinned stuff; on a fourth all was turned back +at the gates with the exception of that obtained by a few individuals +at a heavy premium. + +A day or two after the passing of sentence representations were made +to the prisoners, excluding the four death-sentence men, that it +would be advisable to appeal to the clemency of the Government for +some mitigation. In that case, it was stated, there was every reason +to believe that the sentence of imprisonment would be entirely +remitted and that the sentence of banishment would also be commuted. +The individuals from whom this suggestion first came were of the +class which habitually trades between the Government and the +public--the gentlemen of the backstairs. For this reason some of the +prisoners gave considerable credence to the reports, whilst others +for the very same reason would have nothing whatever to do with them. +Hence arose a condition of things very like a deadlock among the +prisoners themselves. It was represented by these agents that it +would be worse than useless for some of the prisoners to petition if +many others refused to do so and stood out. Some of the prisoners did +actually petition--a course of action which was strongly condemned by +others; but it should be borne in mind that there were among the +prisoners many men who were in bad health and poor circumstances, who +had heavy responsibilities in private life, and who were not only +unable to pay their fines, but even unable to make any provision for +their families during incarceration. Such conditions would tend to +shake the nerve of most men. + +With this nucleus to work upon the Government through their agents +began a system of terrorism by which they hoped to establish +conditions under which their 'magnanimity by inches' would appear in +the most favourable possible light. The first petition presented for +the signature of the prisoners was one in which they were asked to +admit the justice of their sentences, to express regret for what they +had done and to promise to behave themselves in the future. The +document closed with an obsequious and humiliating appeal to the +'proved magnanimity of the Government.' The reception accorded to +this was distinctly unfavourable, copies of the petitions being in +some instances torn up and flung in the faces of those who presented +them. The great majority of the prisoners refused to have anything to +do with them, and on representing the view that any appeal so couched +was not consistent with their self-respect, they were informed that +the petition had already been shown to the President and members of +the Executive Council and had been approved by them and that it would +not look well to alter it now. + +Every effort was made for some days to induce the prisoners to sign +this document, but they refused. A certain number of the men were +opposed to signing anything whatever, even the most formal appeal to +the Executive Council for a revision of sentence. They based their +refusal upon two reasons: 1st, that they had been arrested by an act +of treachery and tried by a packed Court, and if the Executive +recognized the injustice of the sentence they might act +spontaneously without petition from the prisoners; 2nd, that they +believed that any document however moderate which they might sign +would only be the thin end of the wedge by which the Government hoped +to introduce the principle of individual statements and pleas--that +is to say each one to excuse himself at the expense of his neighbour, +and thus enable the authorities to establish by the prisoners' own +confessions the extent of the guilt and complicity which they had +been unable to prove. + +Under such conditions an appeal was made to Messrs. Rose Innes, Q.C., +and Solomon, Q.C. These gentlemen had remained in Pretoria and +devoted their time and energies to obtaining some amelioration of the +conditions of imprisonment and some mitigation of the sentences +imposed upon the Reformers. The petition as presented by the +Government was shown to Mr. Innes, who indignantly rejected the +suggestion of signing any such document. As the strongest reason +adduced in favour of signing petitions was the statement that +according to law and custom it was impossible for the Government to +take cognizance of the prisoners' case even with every desire to +mitigate the punishment unless it was brought before them by direct +appeal, Mr. Innes undertook to see the President and Chief-Justice +Kotzé on the subject. By this time further suggestions had been made +on the subject of petitions, and the prisoners were being urged among +other things to name in plain terms the extent and manner in which +they would like their sentences commuted. This proposal was regarded +as a preposterous and ridiculous one; but nothing is too ridiculous +for Pretoria and it was necessary to deal seriously with it. + +In these circumstances, Mr. Rose Innes interviewed the Chief Justice, +in order to get the highest authority in the country as a guide. Mr. +Kotzé would not at first express an opinion as to whether petitions +should be sent in, but he was evidently inclined to recommend them as +politic, 'But,' said Mr. Innes, 'it is not a question of policy; it +is a matter of law. Is there anything in the law which renders it +necessary for a prisoner to petition before his sentence may be +revised by the Executive--anything which debars the Executive from +dealing with his case if he does not petition?' Mr. Kotzé's answer +was clear: 'No, certainly not--nothing whatever!' + +In the interview with the President which took place immediately +after this Mr. Innes was brusquely informed that petitions from the +prisoners were of no value, and would receive no consideration; that +the President did not want any of their petitions; and that he was +guided solely by his burghers, who had already petitioned in the +matter. 'I would pay more heed,' said Mr. Kruger, 'to a petition from +fifty of my burghers than to one from the whole of Johannesburg.' At +the conclusion of an unpleasant interview, which called for all the +tact and good temper at the command of the gentleman who was +interesting himself on behalf of the prisoners, the President added +in an offhand manner, 'The petitions can do no harm and might +strengthen my hands in dealing with the rest of the Executive; so +they can send them in if they like.' + +With this answer Messrs. Innes and Solomon returned to the gaol, and +after informing the prisoners of what had taken place advised them, +under the circumstances, to make a formal but respectful appeal for a +revision of the sentences. It was their opinion, based upon the +information which they had at great pains gathered, and it was also +the opinion of the Chief Justice, that no petition was necessary, and +that the sentences would be brought under the consideration of the +Executive by the memorials of the burghers; but they considered that +as interested persons or indiscreet friends had already suggested the +idea of petitions, and as a refusal now to sign anything might have a +very unfavourable effect upon persons with the disposition and +character of those with whom they had to deal, it would be advisable +to make an appeal so worded as to formally comply with the +requirements of the extreme party in the Executive; one which would +satisfy those of the prisoners who were in favour of appealing, and +would not be offensive to those who were against petitions at any +cost. + +The strongest reason for urging this was to preserve unanimity of +action among the prisoners. The course was in fact a compromise +designed to satisfy those who considered a petition of some sort to +be necessary, and those who would not as they expressed it +'sacrifice their self-respect' by asking for anything from the +people who had treated them in what they deemed to be a dishonest +and treacherous manner. + +All the prisoners except Messrs. A. Woolls-Sampson and W.D. (Karri) +Davies agreed to this: many did so much against their own wishes +because of the appeal to stand together, and because it was strongly +urged that their obstinacy would affect not only themselves but would +prevent the liberation of others whose circumstances were almost +desperate. They yielded--it is true--but remained unconvinced. To +Messrs. Sampson and Davies the answers of the Chief Justice and the +President are now of considerable importance, since the reason given +for their detention involves the repudiation of the assurances given +by the President and Chief Justice. + +Those who had not signed any other form of appeal now made a formal +application to have their sentences brought into review by the +Executive Council. They stated then their belief that it was only the +beginning of the petition business that it would be wholly +ineffective and that it was to be understood that they would sign no +more under any circumstances. This application was deemed by the +emissaries of the Government to be sufficient to comply with the +requirements, and promises were conveyed to the prisoners that the +sentences would be at once taken into consideration and commutations +announced. In the course of a day or two however further demands were +made, and the prisoners were informed that they would be dressed in +prison garb under severer regulations specially passed for them +unless they at once petitioned against this course. + +Again Mr. Innes represented their case to the Government at the +dictate of his own feelings of humanity, and not prompted thereto by +the prisoners themselves, most of whom would have been glad to see +the Government wreak their vengeance in petty and vindictive +provisions. The proposed alterations were however abandoned without +protest from the prisoners after the supply of convict garb had been +sent up to the gaol. So matters went on day by day, each day bringing +its fresh instalment of threats promises and cajoleries, each +morning its batch of disappointments. It was at first difficult to +say what object the Government had in view in endeavouring to compel +the Reformers to sign petitions, unless it were the unworthy one of +desiring to humiliate men who were already down, or the perhaps +more contemptible one of forcing them to turn informers by a process +of self-excusing and thus enable them to differentiate in the +commutations. The fact remained that repeated efforts were made and +pressure brought to bear upon the men to induce them to sign. One +pretext after another was used. Finally the naked truth came out: the +Government required each man to state in an individual declaration +the extent of his guilt the extenuating facts and the circumstances +under which he became associated with the Reform movement. This was +exactly what had been foretold by men who understood Boer methods. + +The means resorted to by the gaol officials to enforce this +petition-signing were characteristic. The gaoler (Du Plessis) is one +of the most unfavourable specimens of his race. Unscrupulous and +brutal in his methods, untrustworthy as to his undertakings, and +violent and uncertain in his temper, he singled out those among the +prisoners whom he considered to be the leaders of the 'stiff-necked' +party as he termed it, and treated them with as much severity as he +could. These men found themselves unable to obtain those facilities +which were regarded as the right of all the prisoners. Upon occasion +their food was stopped at the gates, and visitors--their wives and +families--were refused admission, although provided with permits from +the proper authorities and complying with the gaol regulations; and +on more than one occasion he informed individual members of this +party that the 'petitions would have to be signed,' that they would +have to 'go down on their knees to the Government,' otherwise they +would 'rot in gaol.' All this undisguised eagerness to obtain the +signatures naturally only strengthened the resolution of the men who +stood out. They had already against their wishes and judgment signed +one application, and more than that they refused to do. When it was +found to be impossible to induce the men to inform against each +other, some modification was made in the demands of the +petition-hunters and some prisoners were asked and induced to make +statements concerning their own part in the late movement, making no +allusion to the part played by others, and, for reasons which it is +impossible to divine unless it was designed to lead to something +more, this was regarded by the Government as a desirable step. + +The suspense and disappointment added to the original sentence upon a +man who was never even mentioned in evidence and who took no part in +the Reform movement, beyond associating himself with the +organizations for the protection of property in Johannesburg, told so +severely upon one of the prisoners that his mind became unhinged, and +in the course of the following period he developed marked signs of +homicidal and suicidal mania. His condition was so serious that +strong representations were made to all the officials connected with +the gaol--the gaoler himself, the district surgeon, the commissioner +of police, and the landdrost of Pretoria. The prisoners themselves +organized a system of guards or watches over their comrade, pending +the result of their representations to the officials. On the fourth +day however the unfortunate man, driven out of his mind by the +constant and cruel disappointment of purposely raised hopes, eluding +the watchfulness of his friends took his own life. + +The news of this event was received with horror throughout South +Africa, the more so as for some days previously the newspapers had +hinted at some such impending catastrophe. In the course of the +inquiry which was held evidence was given showing that the gaol +surgeon had reported the state of affairs to the proper authorities +some days before, but in a formal and half-hearted way. Evidence +however was forthcoming that four of the prisoners (themselves +medical men) had forcibly represented the extreme seriousness of the +case to the gaoler, the gaol surgeon and the landdrost of Pretoria, +and had induced the assistant-gaoler and warders to support their +representations, but all without avail. The result of the inquiry was +to lay partial blame upon the doctor and to acquit everybody else--a +result which the public have been used to expect in the Transvaal. It +is somewhat difficult to see how the decision was arrived at, seeing +that in the offices there was the record of a special pass granted +to the unfortunate man's wife to visit him and remain with him for a +considerable period on the previous day in order to cheer him up +and avert serious consequences. The incident told severely upon the +nerves of those who were not themselves in the best of health, and +it was found necessary immediately to release or remove others among +the prisoners for fear of similar results. + +The Government seemed to realize that it was incumbent upon them to +do something in order to allay the feeling of indignation which was +being roused throughout South Africa at their manner of treating the +prisoners, so a further instalment of magnanimity was decided upon. +On the day of the unfortunate affair the manager of the Government +newspaper, _The Press_, was authorized by President Kruger and other +members of the Executive to inform the prisoners that they would have +to make modified personal statements of the nature previously +indicated, and if these petitions were presented to the Executive +Council by 8 a.m. on the following Monday (the prisoners would then +have been three weeks in gaol) orders for their release would be +issued by Monday night. In order to secure a favourable reception of +this suggestion it was arranged that the clergyman who was to conduct +Divine service on Sunday in the gaol would deliver this message from +the President to the prisoners at the conclusion of the service, and +urge the men for their own sakes and for the sake of their families +and of their friends to abandon the position which they had taken up +and to sign declarations of the nature required, and so secure their +release. Nor was this all. Outside the gaol the wives of those men +who stood out against the petition movement were informed by +Government officials that unless the demands of the Government were +complied with by their husbands they would serve the full period of +their sentence. Pressure was brought to bear upon these ladies and +special facilities were given them to visit the gaol, avowedly in +order to bring about the desired end. + +Eleven of the prisoners--apart from the four whose punishment in +substitution for death had not been decided upon, and who were +therefore not concerned in the petitions--declined to reconsider +their decision, and elected rather to serve their term of two years; +and they expressed the conviction at the same time that these +promises of the President would not be kept any more than others +had been. The result justified their judgment. After a postponement +of two days on some flimsy pretext the official intimation of the +commutations was given to the prisoners on Wednesday, May 20. Instead +of the release positively and definitely promised the term of +imprisonment was reduced in the following degree: Ten men were +released, twenty-four men were condemned to three months', eighteen +to five months', and four to one year's imprisonment; and the +clemency of the Government towards the four leaders was indicated by +a sentence of fifteen years each. + +Even a short period of imprisonment under the existing conditions +meant certain death to a proportion of the men sentenced, and it is +not to be wondered at that the 'magnanimity' displayed by the +Government after the disappointments and delays seriously affected +the health of a number of the men, following as it did closely upon +the tragic affair already alluded to. + +With regard to Messrs. Sampson and Davies no decision was announced, +it being intimated by Dr. Leyds that, as they had made no petition, +their case had not been brought before the Government, and the +Executive had therefore no official knowledge of their existence. But +the extent of the Government's magnanimity was even then not fully +known. On the following day it was announced to the prisoners that +they had been misinformed with regard to the five and twelve months' +commutations--that the intention and resolution of the Executive was +merely to grant these men permission to appeal at the end of the +periods named to the aforesaid magnanimity. + +Some prominence has been given to the cases of those prisoners who +were unable for physical or other special reasons to withstand the +strain; and it should therefore be made equally clear that in many +cases the men regarded with contemptuous amusement the cat and mouse +policy and the stage-managed magnanimity displayed towards them. They +were perfectly well able and willing to endure the sentence passed +upon them, and they were not misled by Boer promises in which they +had never had any faith at all. There are good reasons to be assigned +for the willingness of many of the men to make appeals to the +Government: sheer hard necessity and the sufferings of those +dependent upon them were among these reasons; and it is unfair to +consider these appeals to have been due to loss of nerve. + +There were among the prisoners twenty-three Englishmen, sixteen South +Africans, nine Scotchmen, six Americans, two Welshmen, one Irishman, +one Australian, one Hollander, one Bavarian, one German, one +Canadian, one Swiss, and one Turk. This variety of nationalities +should receive due consideration when questions such as for instance +that of the flag are considered. In this matter of petitions it was +not to be expected that men whose associations with the country had +been limited to a few years should experience the same depth of +feeling and bitterness of resentment as the South Africans born who +look upon the country as their native land and who view with keen +resentment the attitude of the Boers towards them in the Transvaal, +so much at variance with their attitude towards the Boers in the +neighbouring colonies. Nothing could illustrate this difference in +feeling better than the fact that of the eleven men who throughout +declined to sign petitions eight were South African born, one +Australian, one English, and one Scotch. There is nothing +discreditable to others in these figures; they simply indicate the +difference of feeling which did and indeed naturally must exist. The +South African born men consider themselves to have been robbed of a +portion of their birthright; the others have not the same reason for +thinking this. + +With men of so many nationalities the position of the British +Resident would in any case have been one of difficulty, especially +after the part played by the High Commissioner. In the case of Sir +Jacobus de Wet very little satisfaction was given. What caused the +most comment and annoyance among the prisoners was that official +representatives of other countries appeared to have unusual +facilities offered them to visit the subjects of their Government--at +least, they could command the ordinary courtesies--whereas in the +case of the British Agent nothing of this sort existed. Frequently he +was observed standing outside the gaol in the worst of weather +without shelter, patiently waiting until the gaoler would deem fit to +see him. In the meantime that official would stroll through the yard, +making remarks to his subordinates indicative of the satisfaction he +experienced in keeping the representative of Her Majesty outside in +the rain and mud. Upon occasions when he was afforded admission he +was hustled through the yard by a warder and not allowed to hold +private conversation with any of the prisoners. On several occasions +he complained that he was refused admission by order of the gaoler, +and the spectacle of England's representative being turned away by an +ignorant and ill-conditioned official like Du Plessis was not an +edifying one. It is only necessary to say that upon an occasion when +Du Plessis adopted the same tactics towards the Portuguese Consul +that gentleman proceeded at once to the Presidency and demanded as +his right free admission to the gaol whenever he chose to go, and the +right was promptly recognized although there was no subject of his +Government at the time within the precincts. Indeed the Portuguese +Consul stated openly that he called for the purpose of visiting as a +friend one of the Reform prisoners, giving the name of one of the +recalcitrants most objectionable to the Government. The American +Consul too carried matters with a high hand on the occasion of his +visit to Pretoria, and it seemed as though the Paramount Power was +the only one which the Transvaal Government could afford or cared to +treat with contempt. + +The period of gaol life afforded the Reformers some opportunity of +studying a department of the Transvaal Administration which they had +not before realized to be so badly in need of reform. The system--if +system it can be called--upon which the gaol was conducted may be +gathered from the gaoler's own words. When one of the prisoners had +inquired of him whether a certain treatment to which a white convict +had been subjected was in accordance with the rules of the gaol and +had received an answer in the affirmative, he remarked that he did +not think many of the Reformers could exist under such conditions. Du +Plessis replied: 'Oh no! Not one of you would be alive a month +if the rules were enforced. No white man could stand them. Indeed,' +he added, 'if the rules were _properly_ enforced, not even a nigger +could stand them!' + +Some subsequent experience of gaol-life induced the Reformers to +accept this view as tolerably correct. It is known for instance that +after the Malaboch war sixty-four of the tribe were incarcerated in +Pretoria Gaol. Some twenty were subsequently released, but of the +remainder twenty-six died within the year. Bad food vile sanitary +arrangements and want of clothing and shelter contributed to this +end. Malaboch was a petty chief against whom an expedition was +organized, ostensibly because he had refused to pay his taxes. The +expedition is chiefly notorious on account of the commandeering of +British subjects which led to the visit of Sir Henry Loch already +described. It resulted--as these expeditions inevitably do--in the +worsting of the natives, the capture of the chief and his headmen, +and the parcelling out of his tribe as indentured servants among the +Boers. + +Considerable sympathy was felt with Malaboch among the Uitlanders, +not because of his refusal to pay taxes but because the opinion +prevailed that this refusal was due only to the tyrannical and +improper conduct of the Boer native commissioners; and a number of +Johannesburg men resolved in the interests of the native and also of +the native labour supply on the Rand to have the matter cleared up at +the forthcoming trial of the chief. Funds were provided and counsel +employed, nominally to defend Malaboch, but really to impeach the +native commissioners, who in many cases were and continue to be a +perfect curse to the country. No sooner had this intended course of +action become known than the Government decided to treat their +prisoners under the provisions of martial law--to treat them, in +fact, as prisoners of war, who were liable to be indefinitely +detained without further trial. Under these conditions they were +placed in the Pretoria Gaol, and with the exception of a few +subordinates there they have lived--or died--since. The offences of +these natives, for all anyone knows, may have been similar to those +of Langalibalele, Dinizulu, Secocoeni, Cetewayo, and other native +chiefs whom the British Government have also disposed of without +trial. But it is urged that these men are entitled to a trial, +because it is well known that the provocation under which they +committed their offences against the law--if indeed any were +committed--was such as, in the minds of most people, would justify +their action.{36} + +The position of a native in the Pretoria Gaol is indeed an unhappy +one. Sleeping accommodation--that is to say, shed accommodation--is +provided for about one-quarter of the number confined there. During +fine weather it is no hardship upon the natives to sleep in the open +yard provided that they have some covering. The blankets doled out to +them are however in many cases such as one would not allow to remain +in one's kennels; and in wet or cold weather (and the fact is that +during at least one quarter of the year the nights are cold, whilst +during the five months' wet season rain may fall at any time) the +sufferings of these unfortunates many of whom have no blankets at all +are very severe. Of course the stronger fight their way into the +shed, and even fill the little covered passage-way; the others crouch +or lie about in the open yard like wild beasts without a vestige of +shelter. + +On behalf of the native political prisoners representations were made +by the gaol doctor that they were dying in numbers from scurvy and +fever, for want of vegetable food. A special effort on his part +secured for a few days some allowance of this nature, but the matter +having been brought to the notice of General Joubert, the +Superintendent-General of natives, peremptory orders were issued to +discontinue this; and this although the wretched creatures might have +been sufficiently supplied from the gardens attached to the gaol +which are cultivated by the prisoners, and the product of which was +used by the gaoler to feed his pigs. For a little while longer the +doctor continued the vegetable diet at his own expense, but being +unable to afford this it was discontinued and the former death-rate +was resumed. + +Floggings are quite common. In many instances white men have been +flogged there. It is not intended to suggest that this should not +have been done, but cases occurred in the Pretoria Gaol which are +surely difficult to justify. Du Plessis stated to the Reform +prisoners that he had with the sanction of the Landdrost inflicted +upon one prisoner named Thompson, who was undoubtedly refractory and +disobedient, _upwards of eighty lashes within three weeks._ He added +that this was as good as a death-sentence, because neither white nor +black could stand two inflictions of twenty-five lashes, as they were +given in Pretoria Gaol, without permanent injury to the constitution. +The effect, he observed, of this severe punishment upon the back was +to cause the blood to rush and settle on the lungs, and in every case +it resulted in fatal lung mischief. + +During the period of imprisonment the Reformers witnessed a +considerable number of floggings. These when inflicted by the +assistant-gaoler or warders were usually marked by some kind of +moderation and consideration for the prisoner's physical condition, +and some regard for official decencies. The same cannot be said of +those in which Du Plessis himself took a prominent part. Upon one +occasion when a native had been released from the triangle, after +twenty strokes from the cat had been borne without a murmur, Du +Plessis suddenly became infuriated at the stoicism of his victim, and +stepping towards him knocked the released man down with his fist and +spurned him with his foot. Upon another occasion a boy of ten or +twelve years of age (under what circumstances is not known) was taken +by Du Plessis into the open yard, stretched in mid air by two warders +gripping his wrists and ankles, and flogged with a cane by Du Plessis +himself. The screams of the child were heart-rending and the sight +caused one lady who happened to be visiting in the gaol to faint. +When the wretched urchin was released by the two warders and stood +cowering before Du Plessis the latter repeated his former performance +of knocking his victim down with his closed fist. + +Mr. Du Plessis it should be remembered is a sample of a certain class +only of the Boers--not by any means of all. He is a man with a +treacherous and vindictive temper, distinctly unpleasant in +appearance, being coarsely and powerfully built, and enjoying an +expression of countenance which varies between cunning and +insincerity on one hand and undisguised malevolence on the other. +Some idea of the general kindliness of his disposition may be +gathered from his actions. On one occasion, when special +relaxation of the rules was authorized by the Landdrost of Pretoria +in order to enable a number of the Johannesburg friends of the +prisoners to see them, and when about one hundred permits had been +issued by that official to men travelling over from Johannesburg +specially for the purpose, Du Plessis devised means to defeat this +act of consideration, and issued orders to his guards to admit only +three visitors at a time to the gaol. As a consequence, more than +half failed to gain admittance. Nor was he satisfied with this; he +informed the prisoners themselves that he wished the Landdrost had +issued two hundred passes instead of one hundred, so that he might +let those Johannesburg people know who was 'baas' there. Possibly the +fact that on the previous day he had been severely rebuffed in his +petition campaign may have provoked this act of retaliation. + +Another instance of Mr. Du Plessis' system was afforded by the case +of an old schoolmaster, an Englishman named Grant. He had been a +teacher upon the farm of a Boer near Pretoria. Through some +difference with his employer he was dismissed; and his own version of +the affair indicates that he suffered considerable injustice. From +the evidence given in the case in which he subsequently figured it +appeared that in order to urge his grievance he returned to the +Boer's farm and even re-entered the house which he had formerly +occupied. He was arrested and charged with trespass, or threatening +to molest his late employer and members of his family, and was bound +over to keep the peace for six months and to find Ł50 surety for the +same, failing which he should go to gaol for that period. This seemed +to be rather a harsh sentence to pass upon a man who was over fifty +years of age, entirely destitute of means, of very inferior physique, +and who had been charged at the instance of an individual who could +certainly have protected himself against five such men as Grant. No +doubt the accused was an eccentric man, and probably a nuisance, +and it is even possible that his conduct left the magistrate no +alternative but to pass the sentence which he did: it is not intended +to question the justice of this part of the affair. Having been +sent to gaol, however, because he could not deposit Ł50, Grant was +treated as the commonest malefactor in all respects but one--he was +allowed to retain his own clothing. The unfortunate old man made a +pathetic picture with his seedy clothes, tail coat, tall white hat, +and worn gloves, which he punctiliously wore whenever called upon to +face the authorities--and it happened rather frequently. He objected +to being classed and herded with the thieves and murderers and others +whose crimes were even more repulsive. He protested against the class +of food that was served to him. For these remonstrances he at first +received solitary confinement and even poorer diet; and later with a +brutality which one can surely only find in a Du Plessis the +unfortunate old man was placed in the Kaffir stocks, thrown out in +the middle of the yard that he might be humiliated in the sight of +all, and kept there in the fierce heat of a tropical sun for half a +day. The sole excuse for this was that he had been unruly in +protesting against the treatment which he was receiving. The +spectacle excited the pity of the Reform prisoners to such an extent +that even with the certainty of an insulting rebuff from the gaoler +they endeavoured to represent the man's case so as to have him +released, but without success. It need only be added that the +unfortunate man did not serve his entire term, the first act of the +first released Reformers being to pay up the surety required and +provide him with funds to leave the country. Grant may have been as +guilty and offensive as eccentricity can make a man, but nothing can +justify the manner in which he was treated. + +The stocks in the hands of Du Plessis were not the mild corrective +instrument which they are sometimes considered to be. According to +this authority the stocks can be made to inflict various degrees of +punishment. Du Plessis states that when he took over the gaol he +found that the custom was to place men in the stocks within a cell +and to trust to the irksomeness of the position and the solitary +confinement to bring about a better frame of mind; but he soon found +that this system was capable of improvement. His first act was to +place the prisoners white or black in the stocks in the middle of the +yard, so that they should be exposed to the observation and remarks +of all the officials and visitors and their fellow-prisoners. In +explaining the reasons for this change, he said that he found that +in a cool cell a man could be tolerably comfortable and that even the +most hardened of them preferred not to be seen in the stocks by +others; whereas in the yard they were obliged to sit on the uneven +gravel and to endure the heat of the sun as well as being 'the +cynosure of every eye.' But this did not satisfy the ingenious Du +Plessis. The yard of the Pretoria gaol inclines from south to north +about one foot in four, and Du Plessis' observant eye detected that +the prisoners invariably sat facing down the slope--for of course +they were not allowed to lie down while in the stocks, this being too +comfortable a position. Upon studying the question he found that in +this way much more ease was experienced owing to the more obtuse +angle thus formed by the body and the legs. This did not suit him and +he issued further orders that in future all prisoners in the stocks +should be obliged to sit facing uphill, and that they should not be +allowed to hold on to the stocks in order to maintain themselves in +this position but should have to preserve the upright posture of the +body by means of the exertion of the muscles of the back alone. +Needless to say the maintenance of such a position for hours at a +time caused an agony of aches which many prisoners were quite unable +to endure, and frequently the men were seen to throw themselves back +and lie down at the risk of being kicked up by the vigilant Du +Plessis and confined in the stocks for a longer period than was +originally intended. Nor did this complete the list of Mr. Du +Plessis' ingenuities. The stocks had been built to accommodate +several persons at the same time, and he found that by inserting the +legs in the alternate holes, instead of in the pair as designed by +the architect of the stocks, the increased spread of the legs caused +still greater strain upon his victim. This was reserved for special +cases--say one in every four or five. + +The incidents here given illustrating the methods of this delectable +individual were all witnessed by the Reformers. The account of Du +Plessis may serve the purpose of showing the methods practised under +a Government whose officials are appointed whenever possible from the +family circle and not because of fitness. It is more especially +designed to show the character of the man in whose hands the +prisoners were placed with almost absolute discretion; the man who +enjoys the privilege of discussing with his relative President +Kruger, at any hour at which he may choose to visit the Presidency, +the treatment to be accorded to his victims; the man who is retained +in his position in spite of repeated exposures by his superiors, and +who is credited with exercising very considerable influence with Mr. +Kruger; but, above all, the man in whose charge remain up to the +present time{37} the two Reformers, Messrs. Sampson and Davies, who +declined to sign any petition, and concerning whom Du Plessis stated +openly: 'Wait until the others have gone, and if the Government leave +them in my hands, I'll make them ready to sign anything.' Sufficient +has been said concerning this individual to warrant the description +publicly given of him by Colonel Rhodes{38}--'A brutal and inhuman +wretch!' Like most bullies the man is also a coward. When he +witnessed the outburst of feeling among the prisoners in consequence +of the death of their comrade, he would not venture into the +precincts of the gaol for two days, until assured that the men had +again become capable of self-control. + +So much for the details of gaol life. + +In the meantime sympathy with the prisoners began to take practical +form, and the unanimity of feeling on their behalf throughout South +Africa, which was quite unexpected and which greatly embarrassed +the Boer Government, tended to bring matters to a head. Mr. Rose +Innes, who had so generously and constantly exerted himself in +Pretoria in order to obtain some amelioration of the condition of the +prisoners, and who had in his official capacity as watching the case +for the Imperial Government made a very strong report to the Colonial +Office, did not content himself with these exertions. Upon his return +to Capetown he suggested and organized the getting up of a monster +petition to the President and Executive, urging upon them in the +interests of the peace of South Africa to release the imprisoned men. +The petitions were to represent the views of every town and village +in South Africa, and were to be presented by the mayors or municipal +heads of the communities. In this movement Mr. Rose Innes was most +ably seconded by Mr. Edmund Garrett, the editor of the _Cape Times,_ +and other prominent men. A movement of this nature naturally excited +considerable attention in Pretoria; but the success of it was wholly +unexpected. The President and his party had played to the South +African gallery, and they had not yet realized that they had in any +way overdone the theatrical part. They had no suspicion of the real +feeling with which the sentences were regarded, nor of the extent to +which they had alienated sympathy by that and the subsequent +'magnanimous' action. 'Magnanimity by inches' had been placarded +throughout South Africa, and the whole game was characterized as one +of cat and mouse, in which the President was playing with his victims +with indifference to the demands of justice and humanity, partly with +a view to wringing concessions from the British Government, and +partly from a mistaken idea that by such a course he would obtain +credit at each step afresh for dealing generously with those who were +at his mercy. + +The movement had been well organized. The resolution had been passed +in every town in South Africa, even including the towns of the Free +State. The mayors (over 200 in number) were on their way to Pretoria, +when the President, with his back against the wall, realized for the +first time that he had overshot the mark and that unless he released +the men before the arrival of the deputies he would either have to +do so apparently at their instance, or refuse to do so and risk +rousing a dangerous feeling. He chose the former course; he released +all the imprisoned men with the exception of the four who had been +sentenced to death and the two who had refused to appeal. Pretoria +and Johannesburg were already full of deputies and visitors from Cape +Colony, Natal, and the Free State, all bound on the same errand of +mercy. The feelings of these men, brought many hundreds of miles from +their homes, sacrificing their own business and personal convenience +in order to approach the President and to support a measure which +they felt to be imperatively necessary to the allaying of feeling in +South Africa may be imagined, but were not expressed, when they heard +that they had been allowed to undertake this journey as part of the +President's game, only to receive a slap in the face from His Honour +by the carrying out of the measure before they were permitted to +interview him. This at least was what was felt to be the case upon +the release of the majority. Absolute proof of it was forthcoming +within the week, when the President refused to receive the +deputations and kept them waiting in Pretoria until he had released +the four leaders as well, without allowing the delegates the +satisfaction of a courteous recognition of their mission. He admitted +them it is true to an informal interview, in the course of which he +managed to insult and outrage the feelings of a good many by +lecturing them and giving vent to very candid opinions as to their +personal action and duties; but he would not receive their +representatives officially. + +On May 30 the prisoners with the exception of the six already +referred to were released, the terms being that their fines should be +paid at once, and the unexpired term of imprisonment remitted. Each +one as released was required to bind himself for the term of three +years, reckoned from the 30th day of May, 1896, neither directly nor +indirectly to meddle in the internal or external politics of the +South African Republic, and to conduct himself as a law-abiding +citizen of the State. + +In some cases the provision was added that if in the opinion of the +Executive Council the terms of this undertaking should be broken, +the sentence of banishment which was held in suspense would come into +force, and the men were required to sign this addendum to the above +undertaking. The resolution of the Executive Council, which deals +with the mitigation of the sentences, states that the imprisonment +portions of the sentences are remitted; that the fines (Ł2,000 in all +cases) must be paid at once; and that the banishment shall remain in +abeyance subject to the faithful observance of the above undertaking; +but that should any action be taken by any of the prisoners +constituting in the opinion of the Executive Council a breach of the +above undertaking, the sentence of banishment shall come into force. + +There is no definition of the phrase 'meddle in politics,' nor is +there any indication of what in the opinion of the Executive Council +constitutes politics. There is of course on record the President's +own statement in public that he would not permit any discussion on +the dynamite and railway questions because they are matters of 'high +politics'; and if haply the Executive should also hold this view, it +is difficult to see how any of the prisoners will be able to follow +their ordinary business and attend to those commercial affairs in +which they are concerned without committing some breach of this +ridiculous provision. + +No answer was received to the many representations made on behalf of +the four leaders, except that the Government were busy with the +matter. Upon the release of the other prisoners it was suggested to +them by friends outside that it would be a proper and politic course +to proceed in a body to the Presidency and thank the President for +the action he had taken in their respect, and at the same time to beg +of him to extend a similar clemency to the four leaders who were +still left in gaol. Most of the men were dead against taking any such +action. They held very strongly to the opinion that they had been +arrested by treachery, condemned by arrangement, and played with as +counters in an unscrupulous manner. They recognized no obligation +towards the President. They could see no magnanimity in a policy +which had secured their arrest under the circumstances described +which inveigled them into pleading guilty to a nominal offence, +and which imposed upon them a sentence such as that passed. They +considered the enormous fine which they were then called upon to +pay to say nothing of the imprisonment which they had already +suffered wholly disproportionate to the offence, and their natural +impulse was to avoid the man who was directly responsible for it all, +or at least not to meet him under circumstances so unequal, when they +would be sure to be insulted, and would be obliged to suffer the +insult in silence. + +Some of them however yielded to the representations of their friends, +who considered that it should be done for the sake of the men who +were not yet released; whilst there were others who expressed the +view that they would rather go back and do their imprisonment than +suffer the humiliation which it was proposed to inflict; that they +would not do it for themselves, and they could not bring themselves +to do it for anybody else. A considerable number of the prisoners +called upon His Honour; and this was the 'dog' interview. After +hearing the address of the men the President proceeded to pat himself +and his people on the back, saying that he knew he had behaved with +great magnanimity and moderation, and that he hoped that such +generosity would not be entirely thrown away. + +'You must know,' he said, 'that I sometimes have to punish my dogs; +and I find that there are dogs of two kinds. Some of them who are +good come back and lick my boots. Others get away at a distance and +snarl at me. I see that some are still snarling. I am glad that you +are not like them.' + +Those among his hearers who could understand His Honour's remarks, +although they had been prepared for much, were certainly not prepared +for this. The interpreter stood for a moment without rendering into +English the metaphor chosen by the worthy President, and even His +Honour--slow to perceive where he has transgressed the limits of +etiquette and good breeding--gathered from the expressions upon the +faces that something was wrong, and turning to the interpreter, said: + +'Oh, that's only my joke! Don't interpret that to them.' + +But those who witnessed it say that there was no joke in his voice or +his eye as he said it. Proceeding then with more circumspection he +walked out his dog in another form, and said that it was very well to +punish the little dogs as he had punished them, but somebody should +also punish the big dog--evidently referring to Mr. Rhodes--and in +the course of a homily he again mixed his parable, sticking all the +time to his dog however, remarking in conclusion that it was very +well to punish the dogs, but what was to happen to the owner of the +dogs, who stood by urging them on and crying 'Tsaa!'? + +Throughout the week His Honour continued to make the homely dog work +to good purpose, but the interview with the released Reformers was, +it is believed, the first occasion upon which he made use of it. +Certainly on no other occasion did the President do such ample +justice to his reputation as a finished diplomat. + +In the mean time negotiations had been proceeding for obtaining the +release of the leaders. The friends and representatives of the four +prisoners had become subject to all manner of attentions from numbers +of people in Pretoria; near relations of the President himself, +high-placed Government officials, their relatives, hangers-on, +prominent Boers, and persons of all sorts and descriptions, all +offered their services and indicated means by which the thing could +be arranged. All wanted money--personal bribes. The prisoners +themselves were similarly approached, and they who a month previously +had been condemned to death witnessed with disgust a keen competition +among their enemies for the privilege of effecting--at a price--their +release. Day after day they were subjected to the disgusting +importunities of these men--men who a little while before had been +vaunting their patriotism and loudly expressing a desire to prove it +by hanging these same Reformers. + +The gaoler Du Plessis, representing himself as having been sent by +the President, suggested to the four men that they should 'make a +petition.' They declined to do so. Du Plessis was then reinforced by +the Chief Commissioner of Police, and the two officials again urged +this course but stated that they did not wish it to be known that +they had been sent by the Executive and therefore could not +consent to their names being used. Upon these terms the prisoners +again declined. They said that if they were to hold any communication +with the Government they required to have it on record that they did +so at the suggestion of the two responsible gaol officials who +represented themselves as expressing the wish of the Executive +Council. After further delay and consultations with the President and +others the two officials above named consented to allow their names +to be used in the manner indicated. Not content with this the +prisoners demanded that they should be allowed to send an independent +messenger to the President to ascertain whether he really required a +written appeal for revision of sentence. Having received confirmation +in this manner the four men addressed a letter to the Executive +Council. In this letter they stated that they had been sentenced to +death; that the death-sentence had been commuted; and that they +understood--but had received no authoritative information on the +subject--that they were to suffer instead a term of fifteen years' +imprisonment. They suggested the imposition of a monetary penalty in +place of the imprisonment; they stated that they held and represented +important interests in the State and that they believed their release +would tend to the restoration of confidence and favourable conditions +in the business community of the Rand; and they concluded by saying +that, if the Executive saw fit to adopt this suggestion, they the +prisoners would return to their business in good faith. + +It had frequently been intimated to these men that it would be +impossible for the Government to impose a fine in place of the +death-sentence because money so obtained would be blood-money. +Reference had been made in the Executive Council to Biblical +precedents, notably the case of Judas, and the opinion was held that +if blood-money were taken the Lord would visit His wrath upon the +people. + +The Boers are in their way a very religious people. But they are also +essentially practical; and it is difficult to find an instance in +which the religious principle has operated to their commercial +disadvantage. This at any rate was not one. The train of reasoning +which led them to justify the imposition of a fine was somewhat in +this wise: To _impose a fine_ would be to take blood-money, and +would be immoral and iniquitous: to _accept the offer of a present_ +on condition that the sentence should be entirely remitted however +would be quite another thing. + +So negotiations were set on foot to induce the prisoners to make the +necessary offer; and the prisoners, as has been shown, did so. This +satisfied the religious scruple of the Boer, but the terms of the +offer were not satisfactory to his commercial requirements. It became +necessary to make a definite offer. Further negotiations followed, +and the prisoners gathered that an offer of Ł10,000 apiece would be +viewed with favour by the President and his advisers; and it was +stated by members of the Volksraad and prominent officials who were +in the confidence of and in communication with the Government that, +in the event of such a contingency arising as the prisoners making an +offer of cash, the Executive would not take the money for the benefit +of the State but would accept it for charitable purposes--an +educational institute or a hospital or some such object. + +This was communicated to the prisoners by the personages referred to, +and an offer was accordingly made of Ł10,000 apiece. The matter was +discussed in the Executive Council, and the Boer, true to his +instinct and record, perceived an opportunity to improve his +position. The religious gentlemen who would not take blood-money now +objected that the amount proposed was altogether too small, and the +President with that readiness so characteristic of him observed that +he thought the prisoners must have made a mistake, and meant Ł40,000 +apiece instead of Ł40,000 for the lot. + +Another delay ensued, and in the meanwhile more and more deputies +flocked to Pretoria, and stronger grew the feeling, and more angry, +disappointed, and disgusted grew the communities of Johannesburg and +Pretoria. The President, however, played his game unmoved by any such +considerations. + +The next announcement from the Executive was a wholly unexpected one. +It was that they felt it necessary to consult Judge Gregorowski as to +the amount of money which ought to be taken as a donation to +charities. The matter of assessing the value of a death-sentence in +cash might perhaps be deemed a perplexing and a difficult one from +lack of precedent, yet nobody supposed the Executive Council to be +unequal to the task. It might also seem unfair to impose this further +burden of responsibility upon a judge; but Mr. Gregorowski had proved +himself superior to precedent and untrammelled by custom; and there +was much to be said in favour of continuing an association which had +worked very satisfactorily so far. + +When however the President, with that resolute determination to be +generous which was so well advertised, at last overcame all obstacles +and succeeded in holding a meeting of his advisers to receive Mr. +Gregorowski's report, and when it was found that that gentleman +assessed capital punishment at Ł25,000 per head, the Executive +Council with one accord avowed themselves to be so utterly taken by +surprise by the announcement that they required time to think the +matter over and decide upon a course of action. + +No doubt this opinion of Mr. Gregorowski's took them quite as much by +surprise as did his original sentences. However in the course of a +day or two they had recovered sufficiently to intimate to the +prisoners that, if they would amend their first offer of Ł40,000 for +the four and make it one of Ł40,000 apiece, the Executive would +decline to accept so large a sum, as being greater than they +considered equitable and would reply that in the opinion of the +Government Ł25,000 apiece would be sufficient. It was quite plainly +intimated that this procedure presented certain attractions to the +President, who desired for political purposes to exhibit further +magnanimity. The prisoners who by this time had gained some insight +into Mr. Kruger's methods, who knew from past experience the value of +his promises, and who could find no record in history to encourage +them in participating to this extent in the confidence trick, +point-blank refused to have anything to do with it. + +They agreed to make a formal offer of a 'reasonable' fine, leaving +the interpretation of this to the Government, but only on the +distinct understanding that the amount should not exceed Ł25,000 +each. They had learned that Mr. Gregorowski had fixed this amount and +that the Executive had agreed to accept it, and they would not offer +a penny more for magnanimity or anything else. They stated in +plain terms that they looked upon this matter simply as a bargain; +that if they should get out they were paying their way out, and that +in so far as their release from the position was concerned the +transaction was closed upon business terms and there should be no +question afterwards as to gratitude or magnanimity. The fines were +paid,{39} and on July 11 the leaders were released. + +Messrs. Phillips, Farrar, and Hammond, who were compelled through +their business ties to continue their association with the Transvaal, +signed the same undertaking concerning politics as that given by the +rest of the prisoners--with the difference that in their case it +operates for a period of fifteen years. Colonel Rhodes however +declined to give the required undertaking and elected to take his +sentence of fifteen years' banishment. On the night of June 11 +therefore he was sent across the border under escort, and passing +through the Free State proceeded at once to Matabeleland to render +what assistance he could to his brother in the suppression of the +rebellion. As though the excitement of the past few months had not +been sufficient, it may be added that in the first engagement in +which he took part on his arrival at Buluwayo his horse was shot, and +he narrowly escaped the same fate himself. + +From time to time adverse comment has been made on the subject of +this undertaking of the Reformers to abstain from further +participation in politics. The position of the Reformers was this: +They had entered upon the movement to obtain the redress of certain +matters closely affecting their feelings as men and their interests +and business as settlers in the country. They were disarmed and +placed at the mercy of the Boer Government by the action of England's +Representative. To decline to give the pledge required would entail +banishment, which would in many cases mean ruin to them and in all +cases would remove them from the sphere in which they might yet +contribute to the attainment of the ends they had in view. The only +compensating consideration possible in such a course would be that +the redress desired would be effected through the influence of the +Imperial Government; but since the Imperial Government had shown +that under the circumstances they were neither willing nor able to +maintain to a logical conclusion the position which they took up when +they secured disarmament, the Reformers concluded that their obvious +course was to give the required undertaking. It is true that several +among them did decline to give this undertaking, saying that they +would prefer to serve their terms of imprisonment; but they received +the answer that after the term of two years' imprisonment the +Government would still require the undertaking or enforce the +banishment clause, so that it appeared to them there was no way out +of it but to sign what was required and wait patiently. + +It is perfectly obvious that one of two alternatives will present +itself. Either the Government will come to regard this provision as a +dead letter, and wholly ignore it; or some of the men, in the course +of their business and in dealing with economic questions such as they +are morally entitled to discuss will fall foul of the 'opinion of the +Executive.' The issue will then be a very clear one, and many of +those who were strongly opposed to the Reformers on the premisses on +which they started will find themselves in cordial agreement with +them in later developments.{40} + +The Reform movement closed for the time being with the release of the +leaders. Sixty-four men had been committed for trial. From four of +them the Government had received Ł100,000, and from fifty-six others +Ł112,000. One was dead; one had fallen so seriously ill before the +trial that he was unable to present himself with the rest, but on +recovering and announcing his intention to plead 'Not guilty' and +fight it out, the case against him was withdrawn. + +There remained two men, Messrs. Sampson and Davies, whose case the +Government had refused to consider because they declined to appeal. +They had been sentenced on April 28 to two years' imprisonment and +Ł2,000 fine, or failing payment to another year's imprisonment, and +to three years' banishment; and under that sentence do they lie at +the present moment in the Pretoria gaol, at the mercy of the Boer +Government and its very competent representative Mr. Du Plessis.{41} + +Much _kudos_ has accrued to Mr. Kruger for his magnanimity and much +profit for his astuteness! Great credit is also given to Mr. +Chamberlain for his prompt impartiality. And surely some day a +tribute of sympathy and admiration will go out from a people who like +pluck and who love fair play to two Englishmen who hold that a solemn +pledge is something which even a Boer should hold to, whilst +self-respect is more than liberty and beyond all price. + + +Footnotes for Chapter IX + +{35} This was done on the second day--after a night without any +ventilation at all. + +{36} See Appendix E. + +{37} (July, 1899.) They were released in June, 1897. + +{38} Du Plessis' threats regarding Messrs. Sampson and Davies were +made so openly and vengefully that Colonel F.W. Rhodes deemed it to +be his duty as soon as he was released to report the matter to the +High Commissioner, with a view to ensuring some measure of protection +for the two gentlemen above referred to. After the release of +the other prisoners, Du Plessis was for a time suspended, owing +to charges laid against him by the Inspector of Prisons. No +investigation appears however to have been made, and the man was +reinstated. During the month of September, after Messrs. Sampson and +Davies had already done five months of their sentence in Pretoria +Gaol, this man, finding himself unable to break their spirit by other +means, made a proposal to the Government to separate the two and to +place them in two small country gaols at wide distances apart and far +removed from the friendly offices and watchful eyes of their friends, +and thus deprive them of such benefit as they may be able _in the +future_ to get from proximity to the official representative of +England. In the past they have certainly derived none. + +{39} It seems like reflecting on the reader's intelligence to add +that nothing more has been heard of the 'charities.' + +{40} (July, 1899.) A clear indication of the Government's disposition +towards the Reformers was given by the treatment accorded to Mr. +Lionel Phillips. In consequence of a publication by Sir John +Willoughby of an article on the subject of the Raid, which failed to +accurately represent the facts as they were present to the minds of +the Reformers, Mr. Phillips wrote an article in the _Nineteenth +Century_ magazine, which was purely historical, moderate in tone, and +obviously designed only as an answer to the allegations which had +been made. The Executive Council arrived at the conclusion that it +was a breach of his undertaking to abstain from interference in +politics, and they issued a decree of banishment against him. As Mr. +Phillips had taken up his residence permanently in Europe, and as it +was well known that it would be extremely inconvenient for him to +return to South Africa in order to dispute this action it was +generally considered that the object of the move was to establish +a precedent, so to say, on the cheap, and in the same spirit to +intimidate others among the Reformers who were believed not to have +lost their interest in the cause of reform nor to have abandoned +their intention to begin again as soon as they were free to do so. It +is no exaggeration to say that scarcely a week could have passed +during the last two and a half years in which some or all of the half +dozen Uitlanders most prominent in the cause of reform have not been +in receipt of a warning of one kind or another, ranging from +apparently friendly advice not to take too keen an interest in +certain matters, up to the giddy eminence of being black listed in +the Dutch papers as one of those to be dragged out and shot without +trial as a traitor and a rebel. Such are the conditions under which +the unarmed Uitlanders labour for reform. + +{41} (July, 1899.) Du Plessis was promoted to be Chief Inspector of +Prisons shortly after the release of Messrs. Sampson and Davies, +and still holds that post! + + + + + +PART II. + +A POSTSCRIPT. + + + + +CHAPTER X. + +THREE YEARS' GRACE. + + +Very seldom has any community been in a position so unsatisfactory as +that in which the people of Johannesburg found themselves in the year +1896. Judgments passed in the heat of the moment upon matters which +had not been properly explained, and which in many cases were +completely obscured by deliberate misrepresentation, had incurred for +the community dislike contempt and mistrust which were wholly +undeserved. Those who knew the facts and who were able and willing to +speak, the Reformers themselves, were bonded to abstain from politics +for three years under penalty of banishment. Betrayed, deserted, +muzzled, helpless, hopeless, and divided, no community could have +been in a more unsatisfactory condition. It was abundantly clear that +the time had been allowed to pass when the Imperial Government might +have insisted upon reforms and the fulfilment of the President's +promises--not in the spirit in which they had been made, but in the +spirit in which the President himself had intended the world to +construe them. The impact of the revelations was too great to permit +of public judgment quickly recovering its balance. It was realized +that Mr. Kruger's effects had been admirably stage-managed and that +for the time being, and possibly for a very considerable time, the +Uitlanders were completely out of court. There were a few--but how +few!--whose faith was great and whose conviction that the truth must +prevail was abiding, who realized that there was nothing for it but +to begin all over again--to begin and to persevere upon sound lines; +and they took heart of such signs as there were and started afresh. + +It has been an article of faith with them that Mr. Kruger missed +his supreme chance at the time of the trial of the Reformers, and +that from the date of the death-sentence his judgment and his luck +have failed him. He abused his good fortune and the luck turned, so +they say; and the events of the last three years go to support that +impression. To his most faithful ally amongst the Uitlanders the +President, in the latter days of 1896, commented adversely upon the +ingratitude of those Reformers who had not called to thank him for +his magnanimity; and this man replied: 'You must stop talking about +that, President, because people are laughing at you. You made a +bargain with them and they paid the price you asked, so now they owe +you nothing.' But his Honour angrily repudiated that construction: +nothing will convert him to that view. + +It has been said that Dr. Jameson is the best friend Paul Kruger ever +had, and with equal truth it may be said that, in 1896, President +Kruger proved himself to be the best friend of the Reformers. Not +even the most sanguine of his enemies could have expected to witness +the impolitic and unjust acts by which the President revealed +himself, vindicated the Reformers, and undermined a position of +unparalleled strength in an incredibly short time. The bargaining and +the bad grace which marked the release of the Reformers had prepared +the world to view Mr. Kruger's action and attitude a little more +critically than it had hitherto been disposed to do. The real +conditions of Dr. Jameson's surrender had also become known, and +although the action of the Boer leaders was regarded as far too +trifling a matter to be seriously considered as against the Raid +itself, nevertheless a residuum of impression was left which helped +to form opinion at a later stage. There followed, too, an irritating +correspondence between the Transvaal and Imperial Governments, in the +course of which Dr. Leyds successfully established his skill as a +smart letter writer and his limitations as a statesman. The +Municipal Law, the first product of the 'forget and forgive' +proclamation--which proclamation, by-the-bye, had already begun to +prove itself an awkward weapon placed in the hands of his enemies by +President Kruger himself--had been exposed and denounced as farcical, +and it now required but little to convince the once admiring world of +the President's real character and intentions. That little was +forthcoming in a touch of ridicule more potent than all arguments. + +The Transvaal Government formulated their demand for damages for the +Raid in a form which made everyone smile--Ł677,938 3s. 3d. for actual +outlay, and Ł1,000,000 for 'Moral and Intellectual Damages.' What +with the fines of the Reformers, and the seizure of the provisions of +all sorts acquired by them for the purposes of the Reform movement, +which latter must have exceeded Ł50,000 in value, the Boer Government +had already received upwards of a quarter of a million, and had, in +fact, made a profit on the Raid; so that this demand came as a +surprise even to the Uitlanders, as much perhaps due to the +extraordinary phrasing of the demand as to the amount claimed. + +It may be wondered why, under provocation so great as that of +complete abandonment by the country whose representative had placed +them in their then hopeless position, no distinct movement took +place--no tendency even developed itself--among the Uitlanders +generally to unite with the Boers in favour of a Republican movement +throughout South Africa, to the exclusion of the Imperial power. In +answer to this it must be said that such an idea undoubtedly did take +strong hold of the non-British portion of the Uitlander population, +as witness the manner in which the Cape Colony Dutchmen, Hollanders, +Germans, and individuals of other European nationalities associated +themselves with the Boer party, almost invariably by open +declaration, and in many cases even by naturalization, thus +forfeiting their own national rights and obtaining nothing but vague +promises and the liability to military service in return. But the +Republican movement made no further headway than this because British +subjects formed the large majority of the Uitlanders. They had, it is +true, a great grievance against the Imperial Government; but against +the Transvaal Government they had one greater still; and it would +take a great deal to kill the passionate loyalty of the British South +African. It would be idle to discuss what might have happened had Mr. +Kruger seized his opportunity and let in a considerable section of +the then unenfranchised to strengthen the ranks of the Republican +party; that can only be a matter of individual conjecture. What is +certain, however, is that he did not do so and never intended to do +so; wherein his lack of statesmanship is again made manifest. + +Mr. Kruger has carried out in its fullest (its best or its worst) the +characteristic principle of his people already referred to, that of +giving too little and asking too much. It is doing only bare justice +to the determination with which he adheres to the policy of his life +to say that he gives nothing to anybody. From the most distant to the +nearest he deals alike with all. With the people of Europe, he has +taxed their investments, disregarded their interests, and flouted +their advice; but nevertheless he has for years commanded their moral +support. In his dealings with the British Government, pushed as they +have been some half a dozen times to the very verge of war, he has +invariably come off with something for nothing. In his dealings with +the Uitlanders he has bartered promises and in return--_circumspice_! +In the matter of the events of 1895-6 he came out with a quarter of a +million in cash, a claim for Ł1,677,938 3s. 3d. odd (including Moral +and Intellectual Damages), and a balance of injured innocence which +may not be expressed in figures. In his dealings with Cape Colony he +has taxed the products of their land and industry, he went to the +verge of war to destroy their trade in the case of the closing of the +Vaal River drifts, he has permitted the Netherlands Railway to so +arrange its tariffs as to divert traffic from them to other parts, he +has refused to their people (his own flesh and blood, among whom he +was born) the most elementary rights when they settle in his country! +And yet in his need he calls upon them, and they come! His treatment +of the Orange Free State has been exactly the same. Their grievance +against him is incomparably worse, because of their liability to +become involved in the consequences of a policy which they are not +allowed to influence. But President Kruger is, above all things, +practical. Everything is gauged by the measure of the advantage which +it can bring to him; and his treatment of the Free State is +determined by their utility to him and his power over them, and is +not influenced by their moral claims upon his good will. Natal and +Portugal have their experience of broken agreements and strained +interpretations, of intrigues with native subjects and neighbours +for the extension of rights or boundaries, all designed to benefit +the Transvaal and to undermine them. All, all with the same result! +Something for nothing! Within the borders of the Transvaal the policy +is the same. Moral rights and the claims of justice are unrecognized. +For services rendered there may be some return; a privilege, a +contract, an appointment. But this cannot be properly regarded as a +neglect of principle upon Mr. Kruger's part, for after all the reward +is at the expense of the Uitlanders. It is usually the least price at +which the service could be secured; and it is generally in such +form as to give the recipient a profit in which the members of the +Government party largely share, but it never confers a power to +which the President himself is not superior; indeed, it is almost +invariably hedged about by such conditions as to make its continuance +dependent upon the President's good will. If any one should +think this description of conditions in the Transvaal and of the +President's policy to be unduly harsh, let him satisfy himself by an +investigation of those matters which appear on merely superficial +examination to support opinions contrary to those expressed by the +writer. Let him examine the terms of the closer union with the Free +State, the circumstances leading to the closing of the Vaal River +drifts, the condition of the Dutch subjects of Cape Colony and of the +Orange Free State in the Transvaal, the Netherlands Railway tariffs +as they operate against Cape Colony and the Free State, the Railway +Agreement with Natal, the disputes with Portugal, the attempts to +acquire native territory on the East Coast, the terms of the +Netherlands Railway Concession, Selati Railway Concession, Dynamite +Concession--in fact, all other concessions, monopolies, contracts, +privileges, appointments, and rights, made, granted, or entered +into by President Kruger to or with his friends. Let him recall the +treatment and the fate of some of those to whom ampler reference +will be made later on; for instance, Chief Justice Kotzé and +Judge Ameshof, who in the dealings with the Reformers rendered +valuable--but perhaps injudicious and unjudicial--service, as already +sufficiently described; the treatment of Dr. Coster, the State +Attorney, who also deserved better of the President; the public +repudiation of Mr. J.B. Robinson, whose friendship for President +Kruger had been frequently and amply evidenced to the grave +dissatisfaction of the Uitlander population; the public and insulting +repudiation of Sir Henry de Villiers, the Chief Justice of Cape +Colony, after he had served his purpose! The result of any such +inquiry must confirm the conclusion that 'something for nothing' is +the President's policy and achievement. + +A policy or a movement which is to involve the cooperation of +thousands of intelligent men cannot be carried out upon such terms, +and this may be regarded as the main reason why the spirit of +Republicanism did not generally itself develop under circumstances +apparently so favourable to it. The President's policy may be +considered astute or unwise according to the point of view from which +it is regarded. Viewed from the standpoint of the State itself, +undoubtedly it fails lamentably in statesmanship. In the interests of +the Boer party, however, or of the man Paul Kruger, it may well be +doubted whether the policy may not be a token of remarkable sagacity. +He knows his own limitations and the limitations of his people. He +knows that to freely admit to a share in the Government a number of +intelligent people, would make a continuance of himself or his party +in absolute power for any length of time a matter of utter +impossibility. In these circumstances the problem which President +Kruger had set himself was a remarkably difficult one. To +republicanize South Africa, to secure the support of the majority of +the white inhabitants, and yet to yield no whit of power to those by +whose aid he would achieve his object, would indeed be carrying to +sublime heights the policy of 'something for nothing.' + +Many years before the Raid Mr. Kruger had a well-defined policy to +republicanize South Africa, and the Uitlanders of the Transvaal were +quite alive to it, as may be gathered by reference to their +newspapers. But the voice was as a voice crying in the wilderness in +those days, and, as has been said, it required the Jameson Raid to +advertize the conditions in the Transvaal and to direct attention to +what had been proclaimed unheeded for many years. Immediately prior +to the Raid Mr. Kruger was floundering in a morass of difficulties. +The policy of 'something for nothing' had been exposed, and it was +seen through by all the Dutchmen in South Africa and was resented by +all save his own little party in the Transvaal; but the Jameson Raid +gave the President a jumping-off place on solid ground, and he was +not slow to take advantage of it. + +It is not too much to say that the vast majority of people in Europe +and America are indebted to Dr. Jameson for any knowledge which they +may have acquired of the Transvaal and its Uitlander problem. Theirs +is a disordered knowledge, and perhaps it is not unnatural that they +should in a manner share the illusion of the worthy sailor who, after +attending divine service, assaulted the first Israelite he met +because he had only just heard of the Crucifixion. A number of worthy +people are still disposed to excuse many things in the Transvaal +because of the extreme provocation given by the Jameson Raid. The +restrictions upon English education are considered to be 'not +unnatural when one remembers the violent attempt to swamp the Dutch.' +The excessive armaments are held to be 'entirely justifiable +considering what has happened.' The building of forts is 'an ordinary +precaution.' The prohibiting of public meetings is 'quite wrong, of +course, but can you wonder at it?' Many of these worthy people will, +no doubt, learn with pained surprise that all these things were among +the causes which led to the Reform movement of 1895-6, and are not +the consequences of that movement as they erroneously suppose. The +Press Law and Public Meetings Act had been passed; arms had been +imported and ordered in tens of thousands; machine guns and +quantities of ammunition also; forts were being built;{42} the +suppression of all private schools had been advocated by Dr. +Mansvelt--all long, long before the Jameson Raid. So also had the +republican propaganda been at work, but it had not caught on outside +the two Republics. + +Difficult as his task might appear, Mr. Kruger had now command of the +two great persuasive forces--money and sentiment. With the money he +pushed on the forts, and imported immense quantities of big guns, +small arms, and ammunition--far in excess of what could possibly be +used by the whole of the Boer population of the Transvaal after +making every allowance for spare arms in reserve; and such an +extraordinary supply was not unnaturally believed to be designed for +the use of others outside the Transvaal. More than this, an army of +emissaries, agents, and spies in the pay of the Transvaal Government +were spread about the Free State, Cape Colony, and Natal. Newspapers +were supported in different parts of South Africa and a considerable +amount of money was spent upon the Press in France and Germany. + +It would be absurd to suggest and it would be unjust to let it be +inferred that all those who were drawn into sympathy with the Boers +supported or were even cognizant of President Kruger's ultimate aim. +It is an everyday experience that the scope of work and ambition +expands as one progresses. Whether the strong man really sees his +ultimate goal and tackles with magnificent courage the innumerable +and seemingly insurmountable obstacles which lie between him and it, +or whether in the wisdom and mercy of Providence there is such an +adjustment of courage and foresight as prevents him from seeing more +than he is able to face, who can say? But what is beyond all doubt is +that, given the one strong man who does know his mind, he will lead +as the Pied Piper led, and there is no thought in his following to +ask the whither and the why. + +Given the sympathy and the means, the difficulty of President +Kruger's self-imposed task was not so great as at first appeared. To +some it was advisable to do no more than point to the Jameson Raid +and say: 'We only wish to live in peace and to be left alone.' To +some again that act is construed as a sign that the British people +wish to upset the two Republics, therefore they must strengthen and +be prepared. To others the appeal is made: 'We Dutch are the settlers +and owners of the country, we wish for peace, of course, but we must +dominate--you under your form of government, we under ours.' +To others again it is further advanced: 'Let us negotiate the +elimination of the Imperial power; we do not suggest fight, but if we +present a united front they must retire peacefully and concede our +demands.' And lastly comes the appeal to those who are in sympathy +with the advanced republicans: 'Arm and prepare. Some day we shall +find England in a difficulty, divided by party or hampered by +external complications; it has often happened before and we have +always profited. That will be our time to drive them out.' + +It would be very unjust to some of the most prominent men on the +Dutch side in Cape Colony to leave the slenderest grounds for the +inference that they are to be associated with the extreme and +actively disloyal aim. All that it is intended to do is to indicate +the fine gradations in arguments by which a number are drawn +together--under a leadership which they do not realize, and going +they know not where! The strongest of these arguments and appeals are +particularly popular with the younger generation of Dutch South +Africans who entertain a visionary scheme of independence suggested +by the history of the United States. But there is something more +serious in it than this, as may be deduced from the fact that in +December, 1896, the writer was approached by Mr. D.P. Graaff, +formerly a prominent member of the Cape Legislative Council and now +as always a prominent Afrikander Bondsman, with the suggestion that +all the South African born should combine in the effort to create the +United States of South Africa, 'upon friendly terms with England, but +confining the direct Imperial right in South Africa to a naval +base at Simonstown and possibly a position in Natal.' This +concession--from South Africa to England--would not, it was argued, +involve disadvantage to the former, because for a considerable time +it would be necessary to preserve friendly relations with England and +to have the protection of her fleet for the coast. + +It is of course quite easy to attach too much importance to the +opinions of individual politicians of this class, who are as a rule +merely shouters with the biggest crowd; but the prominent association +of such an apostle of republicanism with the Bond, and the fact that +he should have gone so far with a Reformer of known strong British +sympathies seem to warrant the attaching of some importance to the +suggestion.{43} A similar suggestion was made to several of the +Reformers at the time of the judicial crisis by one of the judges of +the Transvaal High Court, when it was hoped to enlist the sympathies +of the Uitlanders with a movement to curtail President Kruger's power +and to establish republicanism on a firmer basis in South Africa. In +order to forestall an obvious comment, it may be said that discussion +was in both cases declined on the ground that it would be +participating in politics in the sense forbidden by President +Kruger's three years' ban. + +The year 1896 was a very bad one for the whole of South Africa. +Besides the Raid and the suspense and disorganization entailed by the +prolonged trial, the terrible dynamite explosion in Johannesburg,{44} +the still more terrible rebellion and massacre in Rhodesia, and the +crushing visitation of the great cattle scourge, the Rinderpest, +helped to produce a deplorable state of affairs in the Transvaal. + +Then there was another thing which rankled badly: Messrs. Sampson and +Davies were still in gaol.{45} The feeling throughout South Africa +was reflected in the monotonous announcement which appeared in the +_Cape Times_ week by week for thirteen months:--'To-day Messrs. +Sampson and Davies complete the--week of their imprisonment in +Pretoria gaol for the crime of not signing a petition.' It seemed +scarcely credible that the President should still harbour any +illusions about his magnanimity; nevertheless, for some weeks before +the celebration of the Queen's Record reign it was rumoured that the +two prisoners were to be released upon that occasion as a mark of his +Honour's sympathy. Opinion had not been unanimous upon the attitude +of either the President or the prisoners; but an ugly incident +silenced most of the President's apologists. Gold stealing and the +purchase of stolen gold were being carried on such a scale and with +such impunity that at last, in desperation, the directors and +officials of one of the big mining companies (the City and Suburban +G.M. Co.), at the risk of being shot by desperadoes, took upon +themselves the functions of the detectives and police. They caught +'red-handed' two notorious characters and delivered them over, with +the gold in their possession, to the authorities. The thieves +actually boasted then that nothing would happen to them as they had +'made it all right;' and a few days later one of them was allowed to +escape out of the Court-house buildings which stand in the middle of +a large square. The other was convicted and sentenced to six months' +imprisonment. He was a criminal of a bad and dangerous type, the head +of a gang known to be concerned in gold stealing and burglary as a +profession. The penalty was regarded by all parties as most +inadequate and the judge himself commented adversely upon the +drafting of the law which tended to screen the prisoner. Not one +mitigating circumstance was forthcoming! And yet, whilst ignoring a +fresh outburst of protest against the detention of Messrs. Sampson +and Davies, and whilst the Industrial Commission was exposing the +gold thefts and denouncing the complicity of the police, Mr. Kruger +decided to remit three-fourths of the sentence and to discharge +the thief unconditionally. Is it to be wondered that such ill-advised +action called to mind the prisoners' boast, and that it was +contrasted prominently with the treatment of the two Reformers? + +Three events of importance marked the year 1897 in the history of the +Transvaal. The first was the High Court crisis in February; the +second, the appointment of the Industrial Commission of Inquiry; the +third, the Queen's Record Reign celebration. + +The High Court crisis arose out of the case of Brown _v._ The State, +already referred to.{46} Brown had acted within his legal rights +according to the terms of a proclamation. That proclamation had been +illegally withdrawn, and the Government realizing that they would +have to stand the consequences of their action in the courts of the +country, introduced a law which was immediately passed by the +Volksraad, absolving them from all liability, and practically +non-suiting all claimants. Mr. Kotzé in his judgment declared this +law to be improper and in conflict with the Constitution, and gave +judgment in favour of Brown, but left the amount of damages to be +determined later after hearing further evidence.{47} + +The first Volksraad was then in special session, and the President +promptly introduced a law known as Law 1 of 1897, which empowered him +to exact assurances from the judges that they would respect all +resolutions of the Volksraad as having the force of law and declare +themselves not entitled to test the validity of a law by its +agreement or conflict with the Constitution; and it further empowered +the President in the event of his not being satisfied with the +character of the replies to summarily dismiss the judges. The judges +protested in a body that they would not submit to such treatment. The +High Court was adjourned and all legal business was stopped. +Particularly emphatic was Mr. Justice Gregorowski. He stated that +no honourable man could possibly sit upon the Transvaal Bench as long +as Law 1 of 1897 remained upon the Statute Book. At this juncture Sir +Henry de Villiers, Chief Justice of Cape Colony, came to Pretoria for +the purpose of effecting a compromise and averting a crisis. The +compromise was practically an armistice. The judges promised not to +exercise the testing right pending the speedy introduction of a +measure safeguarding the independence of the courts. Mr. Kruger on +his side promised to refrain from enforcing the provisions of Law 1 +of 1897, and undertook to introduce as speedily as possible the +required new law. + +The position in which the President found himself was undoubtedly one +of some difficulty, but he chose a very bad way out of it. +High-handed arbitrary methods cannot effect a permanent and +satisfactory solution of a question of that character, but Mr. Kruger +was unwilling to go to the root of the evil and to admit what Mr. +Kotzé's judgment had brought home with perhaps too sudden force, +namely, that the laws and system of Government were in a condition of +complete chaos. The sequel can be told in a few words. In February, +1898, Mr. Kotzé considered that ample time had been allowed by him +for the fulfilment of President Kruger's promise. Sir Henry de +Villiers thought it proper to allow more time. The point of +difference between Mr. Kotzé and Sir Henry de Villiers was the +interpretation to be placed upon the expression 'this session,' which +had been used in the previous February when the President had said +that if he did not introduce the proposed measures this session, the +judges might consider that he had failed to keep his promise. Mr. +Kotzé contended that as the Raad was then in session it meant _that +Session_, and that in any case that session and another had passed, +and a third was in progress and there was still no sign of the +promised measures. Sir Henry de Villiers stated that in his opinion +the reasonable construction would be that Mr. Kruger meant the +following _ordinary_ session, and that only ordinary sessions could +be considered (for in each year there are one special and one +ordinary session), so that the President might be entitled to claim +the whole of the year 1898 within which to fulfil his promise, but +that this would be the extreme limit of forbearance, after which +failure could only be regarded as a breach of faith. Sir Henry de +Villiers in fact defended Mr. Kruger. Mr. Kotzé, however, held to his +opinion; he wrote to the President reminding him of the undertaking, +charged him with failure to keep his promise and withdrew the pledge +which he had given. The President promptly exercised his right under +Law 1 of 1897, and dismissed Mr. Kotzé, who had served the country as +judge and chief justice for over twenty years. Whatever the merits of +the particular case may be it appeared to be a shocking exhibition +of arbitrary power to dismiss without compensation, pension, or +provision of any sort, a man no longer young, whose services had been +given for nearly a quarter of a century, who in the extreme dilemma +of the Raid had stood by the President, and who, from some points of +view, must be admitted to have served him 'not wisely but too well.' + +Mr. Kotzé was not at that time popular among the Uitlanders on +account of his action in the matter of the Reformers, and especially +because he had acted on behalf of the Government in securing the +services of Mr. Gregorowski for the Reform trial; but the +circumstances of his dismissal and the fact that he was known to be +dependent upon his salary as judge, taken in conjunction with the +courageous stand which he had made against the President's arbitrary +will, enlisted public sympathy on his behalf, and a purse amounting +in all to about Ł6,000 was presented to him as a mark of appreciation +for his past services. But then followed the 'most unkindest cut of +all.' Mr. Gregorowski, who had resigned a judgeship in order to fill +the post of State Attorney when Dr. Coster, in consequence of an +insulting reference of the President's to his countrymen, +relinquished it,--Mr. Gregorowski, who had been foremost to declare +that no honourable man could possibly accept the position of judge +while Law 1 of 1897 stood on the Statute Book, became Chief Justice +_vice_ Mr. Kotzé dismissed. And by way of finally disposing of the +subject, the President when questioned in the Raad as to the +explanation of his apologist, denied that he had ever made any +promise of any sort or description to Sir Henry de Villiers or +anybody else! + +Mr. Justice Ameshof, who with Mr. Kotzé had made a stand against the +President in this matter, was also obliged to relinquish his +judgeship. Thus it will be seen that at one swoop Mr. Kruger disposed +of three reputable intermediaries whom he had used to great advantage +at one time or another. 'Something for nothing,' for Mr. Kruger! +Whether Mr. Kotzé acted in haste or whether Sir Henry de Villiers' +plea for more time was justified are questions which it is no longer +necessary to discuss, not alone because Mr. Kruger denied ever having +made the promise out of which the disagreement arose, but because +even up to the present time no measure safeguarding the High Court +has been introduced or foreshadowed in the legislature. And Law 1 of +1897, which according to Mr. Gregorowski made it impossible for any +honourable man to sit upon the Bench, is still upon the Statute Book +and Mr. Gregorowski sits as Chief Justice subject to its provisions. + +No one disputes that the position of the High Court as determined by +Law 1 of 1897 is a very unsatisfactory one, but the apologists for +President Kruger frequently say that there has been no actual case of +hardship, and that the Uitlanders are crying out before they are +hurt. They maintain that it was a measure passed under great +provocation for a particular purpose, and that the power granted +under it, although very undesirable in principle, has never been +used. This is incorrect; the power has been used, and injustice has +been suffered. Two cases of actual hardship are those of Brown _v._ +Government, the case out of which the whole matter arose, and the +case of the Pretoria Waterworks Company. But there are other cases +too which have never been brought into court having been either +compromised or abandoned because of the hopelessness of the position, +for it is obvious that there would be great reluctance on the part of +business men to make a fight merely for the purpose of showing that +they suffered under a disability when the result of such a fight +would inevitably be to antagonize the only tribunal to which they +could appeal. + +The case of the Pretoria Waterworks Company is rather a bad one. The +Government in 1889 gave a contract for the water supply of Pretoria. +It was a permission, but not an exclusive right, to supply the +town from springs on Government ground. The President, finding that +the contractor was not in a position to undertake the work, requested +certain business houses to form a company to acquire this right and +to supply the town with water. After inquiry into the local +conditions and the probable costs, these people represented that +unless they received the exclusive right they would be unable to +undertake the work, as the cost of importing pipes and machinery +transported from Natal by bullock waggon and the then expensive +conditions of working would make the work so costly that at a later +period, after the introduction of railways, it would be possible for +competitors, such for instance as the projected Municipality of +Pretoria, to establish a system of water supply at probably half the +cost of the first one and thus compete to their disadvantage. For +these reasons the contractor and his friends declined to proceed with +the formation of the company. The President, however, was very +desirous of having a good water supply, and after some months of +negotiations the original contract was supplemented by a grant from +the Executive Council, who then held plenary powers from the +Volksraad, giving the proposed company the exclusive right. +Immediately after the receipt of this grant the company was formed, +the capital subscribed and the machinery and other material +purchased. In 1898, after nine years of work, during which +shareholders had received dividends averaging 2-2/3 per cent. per +annum, some differences occurred between the Company and the +consumers, and the latter combined and subscribed the necessary funds +to take action in the High Court, the object being to challenge the +exclusive right and to enable the town through its Municipality to +provide its own supply. At the same time the Government at the +instance of the townspeople opened negotiations with the Company with +a view to expropriation in accordance with the terms stipulated in +the original contract. While matters were in this position, however, +certain members of the Volksraad prominently concerned in the action +against the Company, introduced a measure in the Volksraad cancelling +the second or exclusive grant made by the Government nine years +before and recommending that the Government should either buy out +the Waterworks Company upon suitable terms or should give the +necessary facilities to the Town Council to introduce another system +of supply. The application of the Company to be allowed to state its +case was ignored, and after a short discussion the resolution was +passed and the measure became law. By the action of the Volksraad the +Company was deprived of that principal asset upon the security of +which the capital had been subscribed, and the Government were +rescued from an awkward position. The Government took no steps to +defend their action in granting the right or to protest against the +action of the Volksraad, and became, therefore, parties to an act of +piracy. The Company were thus placed entirely at the mercy of the +Government, for under the provisions of Law 1 of 1897, the Volksraad +resolution put them out of court both as to upholding their title and +claiming damages. All doubts as to the Government's complicity in +this action were removed when upon negotiations being opened for the +expropriation of the Company the Government refused to follow the +procedure prescribed in the contract on the ground that as the +Company had now lost the exclusive right they must accept a less sum +in compensation, otherwise the Government would authorise the rival +Municipal scheme. Under these circumstances the shareholders having +no other power to appeal to adopted the common-sense course of taking +what they could get. The result can only be expressed in figures. The +shares, which had been purchased at over 40s. at the time of the +Volksraad's action were worth less than 28s. in liquidation. The +inquiry into the Raid by the Select Committee of the House of +Commons, early in 1897, was productive of a result which is not +always traced to its real cause. The greatest dissatisfaction was +expressed in the Transvaal and among all the Boers in South Africa +with one feature of the Westminster inquiry, viz., the investigation +of the causes which made the Raid possible. Mr. Kruger and his +friends had enjoyed such a run of luck and so much indulgence, and +had been so successful in presenting their side of the case only, +that it seemed to them improper that anyone should wish to inquire +into all the circumstances. It would even appear from what +followed that the President had convinced himself that there were no +grievances, that he was an entirely innocent party deeply injured by +the Reformers and the British Government, and that the Westminster +inquiry had been authorized and conducted for the sole purpose of +exposing him and justifying the Reform movement. + +As the months dragged on and no improvement in the conditions of the +Uitlanders took place, as indeed the complaints grew louder and the +state of affairs grew worse, the President again began to hear the +voices calling for reform. Timid whispers they were, perhaps, and far +between, for the great bulk of the Uitlanders were in a morose and +sullen mood. Having tried and failed on stronger lines they were +incapable as yet of returning with any heart to the old fruitless and +already rejected constitutional methods. The suggestions for reform, +consequently, came principally from those who were on friendly terms +with the Boer party and believed themselves to carry some weight. +They have by this time learned that nobody carries weight with +President Kruger unless he has power to back his suggestions. Many +years before, the late Mr. W.Y. Campbell as spokesman of a deputation +from Johannesburg, addressing President Kruger, stated in the course +of his remarks that the people of Johannesburg 'protested' against a +certain measure. The President jumped up in one of his characteristic +moods and said: 'Protest! Protest!! what is the good of protesting? +You have not got the guns! I have.' And Mr. Campbell, in reporting +this in Johannesburg, remarked: 'That man is sensible; he knows the +position. I claim to be sensible also, and I know he is right: you +can take my name off any other deputations, for we'll get nothing by +asking.' + +It is stated, and the statement comes from one who claims to have +been the father of the suggestion, that the President was induced to +appoint a commission of inquiry by the argument that if, as he +believed, the wretched state of affairs in Johannesburg was due not +to the action of the Government but to the greed, machinations, and +mismanagement of the capitalists, nothing could suit the latter worse +than to be taken at their word and to have a commission appointed to +take evidence on oath and to publicly inquire into the state of +affairs; in fact to copy the Westminster inquiry. It is +conceivable that the resolute refusal to investigate matters or to +listen to complaints or explanations which the President had +throughout maintained may have been the means of preserving a +blissful faith in the strength of his own case and the rottenness of +the Uitlanders'; at any rate, it seems to be an undoubted fact that +the Industrial Commission of Inquiry, which was appointed by the +Executive at the request of the President, was appointed in the +confident belief that it would shift the burden of responsibility +from his shoulders to those of the capitalists. This construction of +his motives may appear to be severe and perhaps even unfair, but it +is entirely borne out by the manner in which he dealt with the report +of the Industrial Commission, fighting against its acceptance, +ignoring the recommendations of relief, and even imposing fresh +burdens. There is, nevertheless, one thing to be deduced which is in +a manner to Mr. Kruger's credit, and that is that he really must have +believed that the case would--from his point of view--bear inquiring +into. + +The members of the Commission with power to vote were Messrs. Schalk +W. Burger, Member of the Executive Council (Chairman); J.S. Smit, +Government Railway Commissioner; Christiaan Joubert, Minister of +Mines; Schmitz-Dumont, Acting State Mining Engineer; and J.F. de +Beer, first special Judicial Commissioner, Johannesburg. Mr. Thos. +Hugo, the General Manager of the National Bank, was appointed +financial adviser, and certain advisory members were arbitrarily +selected by the Government. The complete exclusion of all those who +had had any direct or indirect association with the late Reform +movement or with those in any way connected with it strengthened the +conviction that the Government designed the Commission to be a +whitewashing one; but whatever the design may have been it would be +doing an injustice both to the Government officials and to the +advisory members to have it supposed that they were parties to such +an idea. They were not; they did their work admirably, and no inquiry +could have been conducted in a better spirit. This, however, was not +foreseen, and it was with the greatest difficulty that the Uitlanders +were induced to view the thing seriously and to realize that, no +matter how it had occurred, this was a supreme opportunity for +proving to the world the soundness of their case. The report and +proceedings are published by the Witwatersrand Chamber of Mines in a +volume containing over 700 pages of printed matter and a number of +diagrams. The whole constitutes a damning indictment of the +Government, as the following extracts from the report of the +Commission testify:-- + +Your Commission are pleased to state that at present there exist all +the indications of an honest administration, and the State, as well +as the Mining Industry, must be congratulated upon the fact that most +of the mines are controlled and directed by financial and practical +men who devote their time, energy, and knowledge to the mining +industry, and who have not only introduced the most up-to-date +machinery and mining appliances, but also the greatest perfection of +method and process known to science. But for these a good many of the +mines now producing gold would not have reached that stage.... + +To avoid such a calamity (viz., the closing down of the mines) your +Commission are of opinion that it is the duty of the Government to +co-operate with the mining industry, and to devise means in order to +make it possible for lower-grade mines to work at a profit, and +generally to lighten the burdens of the mining industry. This and the +development and equipment of the new mines are a few examples among +others where it is desirable that the Government shall take an active +part, especially when the fact is taken into consideration that up +till now the mining industry must be held as the financial basis, +support, and mainstay of the State. + +The question, therefore, becomes one of national economy, and it is +incumbent upon the Government, considering the rapid growth and +progress of the country, to so alter its fiscal laws and systems of +administration as to meet the requirements of its principal +industry.... + +Your Commission entirely disapprove of concessions, through which the +industrial prosperity of the country is hampered. Such might have +been expedient in the past, but the country has now arrived at a +state of development that will only admit of free competition +according to republican principles. This applies more especially to +the gold industry, which has to face its own economical problems +without being further burdened with concessions that are irksome and +injurious to the industry and will always remain a source of +irritation and dissatisfaction. + +As to white labour:-- + +Your Commission are of opinion that wages are not excessive, regard +being had to the high cost of living at the mines. In fact, they are +only sufficient to satisfy daily wants, and, consequently, it cannot +be expected that white labourers will establish their permanent abode +in this Republic unless conditions are made by which their position +will be ameliorated.... + +Your Commission are of opinion that as long as the cost of living +cannot be considerably reduced it will be almost impossible to reduce +the wages of white labourers, and they would strongly recommend that, +as far as possible, necessaries of life should be imported free of +duty and conveyed to the mines as cheaply as possible. + +As to the sale of liquor:-- + +It has been proved to your Commission that the Liquor Law is not +carried out properly, and that the mining industry has real +grievances in connection therewith, owing to the illicit sale of +strong drink to the natives at the mines, and they wish especially +and strongly to insist that the stipulations of article 16 of the law +shall be strictly enforced. The evidence given on this point proves +that a miserable state of affairs exists, and a much stronger +application of the law is required. + +Following this there is a long criticism with recommendations in +detail. + +As to import duties:-- + +With reference to this matter, your Commission can only recommend +that, if possible, foodstuffs ought to be entirely free from +taxation, as at the present moment it is impossible to supply the +population of the Republic from the products of local agriculture and +consequently importation is absolutely necessary. + +As to explosives:-- + +Before entering on this subject, we wish to put on record our +disappointment with the evidence tendered on behalf of the South +African Explosives Company, Ltd. We expected, and we think not +unreasonably, that they would be able to give reliable information +for our guidance respecting the cost of importation, as well as of +local manufacture, of the principal explosives used for mining +purposes; but, though persistently questioned on these points, few +facts were elicited and we regret to say that they entirely failed to +satisfy us in this important respect.... + +That the principal explosives used here can be purchased in Europe, +and delivered here at a price far below the present cost to the +mines, has been proved to us by the evidence of many witnesses +competent to speak on the subject, and when we bear in mind that the +excess charge of 40s. to 45s. per case does not benefit the State, +but serves to enrich individuals for the most part resident in +Europe, the injustice of such a tax on the staple industry becomes +more apparent and demands immediate removal. + +After showing that the dynamite monopolists make a profit of 47s. 6d. +per case on No. 1 dynamite, and 55s. on blasting gelatine, over and +above the price at which the mines could buy explosives if there were +no monopoly or protection, the report goes on:-- + +The Mining Industry has thus to bear a burden which does not enrich +the State or bring any benefit in return, and this fact must always +prove a source of irritation and annoyance to those who, while +willing to contribute to just taxation for the general good, cannot +acquiesce in an impost of the nature complained of.... + +Your Commission inspected the factory at Modderfontein, and it must +be admitted that the construction of the works and general equipment +are in many respects admirable, and it appears to us greatly to be +regretted that so much money should have been invested in an +undertaking for the manufacture of any article whereof the +ingredients have to be imported at a great cost, four tons of raw +material being required to produce one ton of the manufactured +article. + +It has been proved to our satisfaction that none of the raw material +used is found in this country, or only in such small quantities as to +make it practically valueless for the purpose required.... All these +drawbacks, which make it almost impossible to establish a bonâ-fide +industry, fall on the mines and render their task, especially that of +the low-grade mines, extremely difficult and discouraging. Another +point that has been brought to the notice of your Commission is the +prejudicial effect exercised by this monopoly in practically +excluding from the country all new inventions in connection with +explosives, and, in view of the numerous dynamite accidents that have +taken place from time to time, it is to be regretted that it is not +possible to make satisfactory trials of other and less dangerous +explosives for the working of the mines. These questions have +received the careful consideration of your Commission, who are forced +to the conclusion that the factory has not attained the object for +which it was established, and that there is no reasonable prospect of +it doing so. Further, that there are good grounds for believing that +the contractors have failed to comply with the conditions of their +contract. + +For the aforesaid reasons, and in view of the opinion expressed by +the Volksraad Dynamite Commission, that the legal position of the +Government against the contractors is undoubtedly strong, your +Commission desire to recommend that the case be placed in the hands +of the legal advisers of the State, with a view to ascertaining +whether the contract cannot be cancelled. + +Meanwhile your Commission recommend that the Government avail itself +forthwith of its right under Article 15 of the Regulations, to take +away the agency of trading in gunpowder, dynamite, cartridges, and +other explosives from the above-mentioned persons and at once take +into its own hands the importation of dynamite and other explosives +for the benefit of the mining industry, subject to a duty of not more +than 20s. per case or such other less sum as may be determined from +time to time. + +This protective duty, while considerably increasing the revenue of +the State, will at the same time offer ample protection to any +industry of this description in the Republic. In the event of +cancellation being advised to be possible, free trade in explosives +to be at once established, subject to a duty of 20s. per case or such +other less duty as may be determined upon from time to time, and +manufacturing of other explosives in the Republic to be allowed, and +also to be protected by the same import duty.... + +Your Commission desire further to observe that it is not clear to +them, judging from the published accounts of the South African +Explosives Company for 1895 and 1896, that the Government receives +the proportion of surplus profit secured to it under the contract, +viz., 20 per cent., and would strongly recommend, in accordance +with Article 6 of the contract, an immediate investigation of the +Company's accounts by qualified accountants, in conjunction with the +financial adviser of the Commission, in order to find out what amount +is still due to the Government under this head. + +As to railways:-- + +Your Commission have followed with great attention and interest the +evidence and statistics submitted on this point. From those it +appears that not only are the tariffs charged by the Netherlands +Railway Company such that by the reduction of the same the industry +would be considerably benefited, but that such a reduction would +necessitate that the neighbouring States and Colonies would also have +to reduce their tariffs considerably. + +Your Commission have come to the conclusion that, taking into +consideration the evidence submitted to them, and taking the gross +revenue of traffic of goods at about Ł2,000,000 (as in 1896) it would +be desirable to recommend so to regulate the tariff that the gross +revenue for 1896 would have been reduced by Ł500,000, equivalent to +an average reduction of 25 per cent. Further, your Commission deem it +desirable that the Government shall make such arrangement as will +secure to them in the future a voice in the fixing of the tariffs of +the N.Z.A.S.M., and express their confidence that as soon as +prosperous times will warrant such a course a further reduction in +tariffs will be effected. Your Commission wish to recommend that the +reduction will be chiefly applied to traffic of coal, timber, mining +machinery, and foodstuffs, according to a scale to be agreed upon +between the Government and the N.Z.A.S.M. Your Commission are of +opinion that in this manner the industry will be met in a very fair +way. Your Commission wish to express the opinion that it is +absolutely necessary that the reduction in all local tariffs will be +brought about as speedily as possible, while they express the hope +that where the co-operation of the neighbouring States and Colonies +is required, negotiations will be initiated and carried out so +speedily that the reductions to be so initiated will come into force +not later than 1st January next. Several witnesses and some of the +Commission have urged the expropriation of the N.Z.A.S.M. by the +Government. Your Commission, however, for several reasons known to +them, and after same have been communicated to those members of the +Commission who wished to urge the expropriation of the N.Z.A.S.M., do +not at the present moment desire to urge expropriation provided by +the other means terms can be secured from the Company so as to obtain +the reduction at present urgently required on the basis as above set +forth. Your Commission have been informed that the Company have +proposed to adopt the dividends of the three years 1895, 1896, and +1897 as a basis for the expropriation price, and your Commission can +agree to such proposal. The expropriation price being thus fixed, the +Company will have all the more reason to co-operate towards the +lowering of the tariffs. Further, it appears from the evidence of the +managing director of the N.Z.A.S.M., that in consideration of the +reduction of tariffs, he wished to have secured to the Company a +certain period of existence. Your Commission cannot recommend this +course, because they do not deem the same to be in the interests of +the State, and it would be contrary to the wishes of the public. + +As to gold thefts:-- + +According to the evidence submitted to your Commission, gold thefts +are on the increase, and although the Volksraad has given the matter +their favourable consideration, and have, at the instance of the +Mining Industry, so amended the Gold Law as to provide for the +punishment of the sale and being in possession of raw gold, still it +has been stated to your Commission in evidence, that the gold thefts +amount to about 10 per cent. of the output, equivalent to an amount +of Ł750,000 per annum. It follows that the administration of the law +must be faulty, because there are only very few instances where the +crime has been detected and punished. If those figures are not +exaggerated, and your Commission have no reason to suppose so, then +this matter deserves the serious consideration of the Government. The +suppression of this crime can be considered as a real saving to the +industry, and this amount of three-quarters of a million would, +especially in times of depression, exercise a large influence on the +yield and financial position of the mines. The industry ask that the +penal clauses regarding this matter shall be eliminated from the Gold +Law, and that a separate law be passed, more or less on the basis of +the I.D.B. Law of Kimberley, Cape Colony, and that measures shall be +taken by which the injured parties shall be enabled to exercise +control, and have supervision over any department to be established +for the detection and suppression of thefts of new gold. Your +Commission are of opinion that the Government could grant this +request without injuring their dignity, on the basis hereinafter +mentioned. On the contrary, it would remove the blame from the +present administration, viz., that these thefts can be practically +carried on with impunity. + +As to the Local Board:-- + +The evidence which has been laid before your Commission has contained +suggestions to establish a Board on which Government nominees and +representatives of the mining industry and of the commercial +community of the Witwatersrand should sit, so that the Government +representatives should have the benefit of the experience of men +whose daily occupation it is to look closely into all the affairs +appertaining to the mines, &c. Your Commission is of opinion that it +is advisable that these suggestions should be acted upon. The scope +of this Board should consist of the supervision of the administration +of the following laws, viz.:-- + +The Liquor Law as far as it concerns the proclaimed goldfields, the +Pass Law, and the Law relating to Gold Thefts; and the Board will +further have an advisory voice in the supply of natives to the mines, +which your Commission has recommended your Government to take into +its own hands. The area under the surveillance of the Board should +include the Heidelberg, Witwatersrand, and Klerksdorp districts, and +other goldfields as may be found desirable hereafter. Your Commission +suggests that the Board consists of the following: Five members to be +appointed by the Government, and four delegates to be appointed by +the following bodies, with the consent of the Government, viz., one +delegate of the Chamber of Mines, one of the Association of Mines (or +in case of an amalgamation, two representatives of the new Chamber), +a nominee of the Mine Managers' Association, and a nominee of the +commercial community of Johannesburg. Your Commission would advise +that a separate detective force be placed under the department, whose +duty it should be to detect any infringements of the above-mentioned +laws, and to bring the offenders to justice in the ordinary course of +law. It should also be in the sphere of the Board's work to report to +the proper authorities any laxity on the part of the officials who +have to administer the above-mentioned laws. The Board is to report +to the Executive Council upon the working of the laws referred to, +and to suggest alterations. It must be well understood that the power +of this Board must in no way clash with the sphere of the Minister of +the Mines department and the Licensing Board, but co-operate with the +same. We should adduce as a reason the more for the creation of such +a Board that Government could depute to them the right to receive +deputations, hear their arguments, and report to the Government on +the subject, whereby a great saving of time would be the result. We +would recommend that the Commission be appointed at once, and that +they shall frame their proposals for regulations and submit them at +once to the Government. + +The establishment of a local mining board has been strongly urged by +witnesses. From an industrial and financial point of view this +country must be considered as still in its infancy, and, without loss +of dignity or prestige, the Government may accede to the above +request. Experience in these matters can only be attained after the +lapse of long years, and by coming in contact with experts from other +countries the State will reap the benefit of the knowledge obtained +in their country, where these problems have for decades exercised the +minds of their leading citizens. + +In conclusion, your Commission fervently hope that they have truly +and faithfully interpreted the object of the inquiry, and that their +suggestions and recommendations, if acted upon, will confer a lasting +benefit on the country and people. + +The evidence, as has been stated, was all given on oath, and some +very interesting details came out. In one case Dr. Leyds's system of +misrepresentation was exposed. Whilst the Commission was actually +taking evidence the then State Secretary in an interview with the +Paris _Temps_ strongly supported the dynamite monopoly, and stated +that the price charged, namely, 90s. per case, was the same at which +the Chamber of Mines had offered to enter into a sixteen years' +contract with Nobel's factory. A witness questioned on this point +explained that this was quite true as regards price, but that Dr. +Leyds had suppressed the essential fact that whereas out of the 90s. +paid to the monopolists the Government only receive 5s. by way of +duty, they would out of the 90s. which it was proposed to pay for +Nobel's dynamite receive no less than 38s. per case as duty, and that +if the contract proposed by the Chamber had been made the Government +would have profited during the previous four years to the extent of +Ł1,200,000 instead of Ł150,000. Upon another occasion light was +thrown on dark places in a rather disconcerting fashion. Mr. +Christiaan Joubert, Minister of Mines, took one of the witnesses in +hand with the object of showing that the people of Johannesburg had +only themselves to thank for the loss of confidence in this business. +The following questions and answers are from the official report:-- + +Should not the Chamber of Mines co-operate with the Department of +Mines to get a law protecting European shareholders from being +defrauded by swindlers?--I don't know if such a law could be framed +without interfering with what, in other countries, is considered to +be personal liberty. You have to come to the point whether the man +intended to swindle, and that can only be settled by the Court, as a +matter of personal judgment. If a good law could be devised it would +be beneficial. + +Is there no possibility for the Chamber of Mines to work with the +Department for the passing of such a law?--I don't know if laws exist +in France, Germany, England, or America, to that specific effect; but +if so, I would be guided by the wisdom and immense experience of the +law makers of those countries, otherwise we might be rushing in where +angels fear to tread. + +Is it then possible? Are you willing to discuss the matter with +us?--Oh, yes; but I do not think that that is exactly what is wanted +in order to restore confidence. Lots of things combine to shake the +confidence of investors. For instance, to deal with some small and +homely matters, I was told by a member of the Sanitary Board +yesterday that an application for the underground rights of the +Market Square, had been made by Mr. Jan Meyer, a leading member of +the Volksraad. That does not help to restore confidence. The Sanitary +Board applied for a portion of the Telephone Tower Park in order to +erect a Town Hall. They were refused. Now, some one has made an +application for the right to erect swimming baths. That does not +restore confidence. I hope the mere publication of these things will +prevent them from succeeding. The Sanitary Board applied for the +Union Ground, also for public purposes, but it was granted to private +applicants on the quiet. They have hawked it about and borrowed money +on it. It was offered to many of the big capitalists here, but they +would not touch it. The Sanitary Board are told that a building is to +be put up, in which fifty rooms will be set aside for them, but they +are not satisfied that the authorities should do good by stealth and +blush to find it fame. + +I cannot understand how mere applications can shake +confidence?--Well, they do, because they are only made when there is +a chance of their being granted. But, if you want facts, I will tell +you what shook the investor's confidence as much as anything that has +happened for years--that was the Ferreira claim-jumping raid, which +it was sworn to in Court had been suggested by you yourself, Mr. +Joubert. + +Not 'suggested' by me-- + +The Chairman said the witness was straying away from the original +question. + +Witness said that the Minister of Mines had wanted examples of what +shook confidence, so he was obliged to give them. + +The report of the Commission created a very favourable impression. +The majority of people believed that although it might not be +entirely acted upon, yet it would be quite impossible for the +President and the Volksraad to disregard suggestions made by so +influential a group of officials as those forming the Commission, and +that at any rate most of the recommendations would be accepted. The +unbelieving few who knew their President Kruger, however, waited for +something to be _done_. Presently ominous rumours went round about +differences in the Executive. Then came the scenes in the Volksraad, +when the President revealed himself and charged Mr. Schalk Burger +with being a traitor to his country for having signed such a report, +followed by the usual fight and the usual victory for the President, +and the usual Committee constituted mainly of extreme Conservatives +appointed to report upon the other Commission's report; and then the +usual result: Something for nothing. The Netherlands Railway made an +inconsiderable reduction in rates, which it appears was designed to +buy off, and did succeed in buying off, further scrutiny of its +affairs. With regard to the two big monopolies, Dynamite and Railway, +it appears that the Volksraad Commission accepted the private +assurances of the monopolists as sufficient warrant for reversing the +conclusions of the Industrial Commission. The proposed Local Board +for the goldfields was promptly ruled out as an unthinkable +proposition, a government within a government, and was so denounced +by the President himself. But the report of the Volksraad +Committee contained one supreme stroke of humour. It adopted the +recommendations of the Industrial Commission to remit the duties upon +certain articles of consumption so as to make living cheaper, but as +a condition it stipulated that in order that the State revenue should +not suffer, the duty upon other articles of consumption should be +increased so as to rather more than counterbalance the loss. That was +one result which the Uitlanders had in the beginning confidently +expected: Something for nothing. But the other result upon which they +had also calculated was a valuable one. They had put their case on +record and for the future the task of justifying the Uitlanders' +cause was to be reduced to the formality of pointing to the +Industrial Commission's report. + +The third event of importance, and an event of much greater +importance than has generally been recognised, was the Queen's Record +Reign celebration in Johannesburg. 'Britons, hold up your heads !' +was the watchword with which the late Mr. W. Y. Campbell started to +organize what he eventually carried out as the biggest and most +enthusiastic demonstration ever made in the country. No more +unselfish and loyal subject of her Majesty ever set foot in South +Africa than Mr. Campbell, whose organization and example to 'Rand +Britons,' as he called them, did more to hearten up British subjects +in the Transvaal than has ever been fully realized or properly +acknowledged. The celebration was an immense success in itself, and +besides restoring the hopes and spirits of British subjects it +promoted generally a better feeling and a disposition to forget past +differences. + +One of the consequences of the Raid and Reform had been a split in +the Chamber of Mines caused by the secession of a minority who held +views strongly opposed to those of the Reform party. It has always +been the policy of the Government to endeavour to divide the Rand +community. This is no vague general charge: many instances can be +given extending over a number of years. The accidental revelations in +a police court showed that in 1891 the Government were supporting +from the Secret Service Funds certain individuals with the object of +arranging labour unions to coerce employers upon various points. The +movement was a hopeless failure because the working men declined to +have anything to do with the so-called leaders. When the split took +place in the Chamber of Mines, it became the business of Dr. Leyds +and the President to keep the rift open. This was done persistently +and in a very open manner--the seceders being informed upon several +occasions that a fusion of the two Chambers would not be welcome to +the Government. Both before and since that time the same policy has +found expression in the misleading statement made on behalf of the +Government upon the compound question (namely, that the companies +were aiming at compounding all the natives and monopolizing all +the trade of the Rand), a statement made to divide the mercantile +from the mining community. The fostering of the liquor industry with +its thousands of disreputable hangers-on is another example; the +anti-capitalist campaign carried on by the Government press another. +And the most flagrant of all of course is the incitement to race +hatred. _Divide et impera_, is a principle which they apply with +unfailing regularity whether in their relations with other countries, +in the government of their own State, or in their dealings with +private individuals. Happily for the Rand community the effort to +settle their internal differences was successful; towards the end of +1897 the fusion of the two mining chambers took place, and the +unanimity thus restored has not since been disturbed. + +By this time even the most enthusiastic and sanguine friends of the +Government had to some extent realized the meaning of the 'something +for nothing' policy. They began to take count of all that they had +done to please Mr. Kruger, and were endeavouring to find out what +they had got in return. The result, as they were disposed to admit, +was that for all the good it had done them they might as well have +had the satisfaction of speaking their minds frankly as the others +had done. The Raad's treatment of the Industrial Commission report +had estranged all those who had taken part in the deliberations of +the Commission, and as Mr. Kruger had been careful to select only +those whom he believed to be friendly to him he suffered more in the +recoil than he would otherwise have done. He fell into the pit which +he had himself dug. + +Mr. Kruger was fast losing his friends, and another affair which +occurred about this time helped to open the eyes of those who still +wished to view him in a favourable light. Mr. Chamberlain in the +course of some remarks had stated that the President had failed to +fulfil the promises which he had made at the time of the Raid. His +Honour took an early opportunity to denounce Mr. Chamberlain to Mr. +J. B. Robinson and the manager of the then Government newspaper in +Pretoria. 'I would like Mr. Chamberlain to quote,' he said, 'any +instances of my failure to keep my promises, and I will know how to +answer him.' The challenge was published and Mr. Chamberlain +promptly cabled instructions to the British Agent to ask President +Kruger whether he had said this and if so whether he really did +desire a statement by Mr. Chamberlain of the character indicated. Mr. +Kruger took his own peculiar way out of the dilemma; he repudiated +the intermediaries, denounced the statement as untrue, and said +that he was not in the habit of conveying his requests through +irresponsible nobodies. The result was the immediate resignation of +the newspaper man and final rupture between the President and Mr. +Robinson. Thus were two more thick-and-thin supporters cast off at +convenience and without an instant's hesitation, and thus were +provided two more witnesses to the 'something for nothing' policy. +This incident was the immediate cause of the fusion of the Chambers. + +It had all along been realized that while Lord Rosmead continued to +act as High Commissioner in South Africa there would be no +possibility of the Uitlanders' grievances being again taken up by her +Majesty's Government. The High Commissioner had committed himself to +the opinion that it would be unsuitable and indeed improper to make +any representations on the subject for a considerable time. Moreover, +his age and ill-health rendered him unfit for so arduous a task. Many +hard things have been said and written about the late High +Commissioner, but it must be admitted that with age and infirmity +weighing him down he was confronted by one of the most desperate +emergencies which have ever arisen to try the nerve of a proconsul. +It is true that the responsibilities of Government are not to be met +by excuses: the supports of the Empire must stand the strain or be +condemned. But it is also true that those who regard themselves as +victims may not lightly assume the functions of independent judges: +and thus it was that in a mood of sympathy and regret, with perhaps +some tinge of remorse, the news of Lord Rosmead's death was accepted +as evidence unanswerable of the burden which in the autumn of his +days he was called upon to bear. + +When the name of Sir Alfred Milner was mentioned as the coming High +Commissioner all South Africa stood to attention. Seldom surely has a +representative of the Queen been put through such an ordeal of +examination and inquiry as that to which Sir Alfred Milner's record +was subjected by the people of South Africa. Not one man in a +thousand had heard his name before; it was as some one coming out of +the great unknown. The first feeling was that another experiment was +being made at the expense of South Africa; but almost before the +thought had formed itself came the testimony of one and another and +another, representing all parties and all opinions in England; and +the Uitlanders in the Transvaal began to hope and finally to believe +that at last they were to have a man to deal with who would exhibit +those qualities of intelligence, fairness, and firmness, which they +regarded as the essentials. Every word that was said or written about +the new High Commissioner was read and studied in South Africa. Every +reference made to him by the representatives of the various political +parties was weighed and scrutinized, and the verdict was that it was +good! Fair firm and able. There had not been a discordant note nor a +voice lacking in the chorus which greeted the appointment; and the +judgment was, 'They have given one of England's very best.' + +The impression had somehow gained ground in South Africa that the +first act of Sir Alfred Milner would be to visit the Transvaal and +endeavour to arrange matters. The hearts of the Uitlanders sank at +the thought of even the ablest and best-intentioned of men tackling +so complicated a problem without any opportunity of studying the +local conditions and the details. It was therefore with undisguised +satisfaction that they received the new High Commissioner's assurance +that as the representative of her Majesty he had plenty of work +before him in visiting and making himself acquainted with the +conditions and requirements of her Majesty's dominions in South +Africa, the people of which had the first call upon his services. The +statement cleared the political atmosphere and had a distinctly +cooling effect upon the overheated brain of the Boer party, who had +by this time convinced themselves that Pretoria was firmly +established as the hub of the universe and that an expectant world +was waiting breathlessly to know what President Kruger would do next. + +Mr. Conyngham Greene, an experienced member of the Diplomatic Corps, +who had been appointed towards the end of 1896 to succeed Sir Jacobus +de Wet as British Agent in Pretoria, had by this time gained some +experience of the ways of Pretoria. Probably few servants of the +Crown have been called upon to perform a service more exacting or +less grateful than that which fell to the British Agent during the +period in which Mr. Conyngham Greene has held the post. Conscious +that his Government was prevented by the acts of others from +vindicating its own position, hampered by the knowledge of immense +superiority of strength, dealing with people who advanced at every +turn and under every circumstance their one grievance as a +justification for all the acts of hostility which had preceded that +grievance or had been deliberately perpetrated since, he was +compelled to suffer snubs and annoyances on behalf of his Government, +with no relief but such as he could find in the office of recording +them. A good deal had been done by Mr. Conyngham Greene to establish +visible and tangible evidence of the desire of her Majesty's +Government to interest themselves in the condition of British +subjects and--as far as the exigencies of a very peculiar case would +for the time permit--to protect them from at least the more +outrageous acts of injustice; but the strength of the chain is the +strength of the weakest link, and it was always felt that until the +link in Cape Town was strengthened there was not much reliance to be +placed upon the chain. + +Very frequently surprise has been expressed that, after the fortunate +escape from a very bad position which the Jameson Raid afforded to +President Kruger's party, the Boers should not have learned wisdom +and have voluntarily undertaken the task of putting their house in +order. But having in mind the Boer character is it not more natural +to suppose that, inflated and misled by a misconceived sense of +success and strength, they should rather persist in and exaggerate +the ways which they had formerly affected? So at least the Uitlanders +thought and predicted, and their apprehensions were amply justified. +In each successive year the Raad has been relied upon to better its +previous best, to produce something more glaring and sensational in +the way of improper laws and scandalous measures or revelations +than anything which it had before done. One would imagine that it +would pass the wit of man to devise a means of exploiting the +Uitlanders which had not already been tried, but it would truly +appear that the First Volksraad may be confidently relied upon to +do it. + +In the year 1897 some things were exposed which appeared, even to the +Uitlanders, absolutely incredible. What is now known as the 'donkeys +and mealies scandal' was one of them. For the ostensible purpose of +helping burghers who had been ruined by the rinderpest the President +arranged for the purchase of large numbers of donkeys to be used +instead of oxen for draught purposes, and he also arranged for the +importation of quantities of mealies to be distributed among those +who were supposed to be starving. Inquiries instituted by order of +the Volksraad revealed the fact that Volksraad members and Government +officials were interested in these contracts. The notorious Mr. +Barend Vorster, who had bribed Volksraad members with gold watches, +money, and spiders, in order to secure the Selati Railway Concession, +and who although denounced as a thief in the Volksraad itself +declined to take action to clear himself and was defended by the +President, again played a prominent part. This gentleman and his +partners contracted with the Government to supply donkeys at a +certain figure apiece, the Government taking all risk of loss from +the date of purchase. The donkeys were purchased in Ireland and in +South America at one-sixth of the contract price. The contractors +alleged that they had not sufficient means of their own and received +an advance equal to three-quarters of the total amount payable to +them; that is to say for every Ł100 which they had to expend they +received Ł450 as an unsecured advance against their profits. It is +believed that not 10 per cent. of the animals were ever delivered to +the farmers for whom they were ostensibly bought. An attempt was made +in the Volksraad to have the matter thoroughly investigated and to +have action taken against the contractors, but the affair was hushed +up and, as far as it is possible to ascertain, every penny payable +under the contract has been paid and lost. + +In the matter of the mealies (maize, the ordinary native food), +large quantities were bought in South America. It was alleged in +the Volksraad that the amount was far more than was necessary and +that the quality was inferior, the result being that the Government +were swindled and that the State, being obliged to sell what it +did not require, was entering unfairly into competition with the +merchants and producers in the country. But the real character of +this mealie swindle can only be appreciated when it is known how the +contract originated. The contractors having bargained to deliver +donkeys, approached the President with the explanation that donkeys +being live-stock, would have to be accommodated upon an upper deck +where there was ample ventilation; the result of which, they said, +would be that the ship would be top-heavy and would be obliged to +take in ballast. Surely, it was argued, it would be folly to carry +worthless ballast when good mealies, which were in any case badly +needed in the country, would serve the purpose of ballasting equally +well and would, of course, show a very large profit. A contract for +mealies was therefore entered into. When the inquiry was instituted +in the Volksraad certain awkward facts came to light, and it devolved +upon Mr. Barend Vorster to explain how it happened that the mealie +'ballast' arrived and was paid for before the donkeys were shipped. +That worthy gentleman may still be thinking out the explanation, but +as the money has been paid it cannot be a cause of great anxiety. + +In order to preserve a true perspective the reader should realize +that the President defended both these affairs and that the exposures +took place while the recommendations of the Industrial Commission +were being discussed in the Raad and fiercely combated by the +President himself. + +The matter of the Selati Railway was again brought into prominence in +1897. It is quite impossible as yet to get at all the facts, but it +is very generally believed that a swindle of unusual dimensions and +audacity remains to be exposed, and that a real exposure would +unpleasantly involve some very prominent people. At any rate the +facts which became public in 1898 would warrant that suspicion. The +Selati Railway Company alleged that they had been unjustly deprived +of their rights, and the Government admitting repudiation of +contract took refuge in the plea that in making the contract they +had acted _ultra vires_. It was, in fact, an exemplary case of +'thieves falling out' and when the case got into the law courts a +point of real interest to the public came out; for the Company's +lawyers filed their pleadings! The following account of the case is +taken from the newspapers of the time. The plea of the Selati Railway +Company states that-- + +the Government was very desirous that the railways should be built, +and that for the purpose the business should be taken in hand by +influential capitalists, and that, having full knowledge of the sums +asked for by the original concessionaires they insisted upon the said +capitalists coming to an agreement with the concessionaires and +paying them the amounts asked; that it was thus understood between +the said capitalists and the Government of the South African Republic +that the sum named in the concession as the price to be paid to the +concessionaires for the formation of the Company was wholly +insufficient under the altered conditions, and that further sums had +to be expended to cover not only the increased amount demanded by the +original concessionaires, but _also other sums of money which were +asked by and paid to different members of the Executive Council and +Volksraad of the South African Republic and their relatives and +friends as the price for granting the concession._ + +The matter came before the High Court, and several of the exceptions +put forward on behalf of the Government were sustained. Regarding the +accusation mentioned, Mr. Advocate Esselen, who was counsel for the +State, excepted that names and particulars should be inserted, and +also that the State was not bound by the action of the Government or +Executive. He quoted the Volksraad resolution or _besluit_ upon which +the concession was granted, showing that Ł10,000 was mentioned as the +sum to be received by the concessionaires, and then proceeded:-- + +'Now, I say that the Government could not contract with the Company +at a higher figure than is above set forth. The measure of authority +granted to the Government is set forth in the Volksraad _besluit_ +which I have read, and the Government could not exceed its authority. +Second, the defendant Company makes allegations which are tantamount +to fraudulent dealing on the part of the agents of the State. But it +will be said that it is the State which sues, and that it cannot be +heard to avail itself of the wrongful acts of its agents. In this +matter, however, it is the State Secretary who sues on behalf of the +State. The State is not bound in any event by the acts of individual +members of the Government. It was the Government which was entrusted +with a power of attorney on behalf of the State.' + +This doctrine, so fatal to concessionaires and their methods, led to +the following interesting colloquy:-- + +Mr. Justice JORISSEN: Do you persist in this exception, Mr. Esselen? + +Mr. ESSELEN: Certainly I do. + +Mr. Justice JORISSEN: You have been very fortunate in succeeding +on two exceptions. Without pressing you in the least, I am inclined +to suggest that you withdraw this exception. + +Mr. ESSELEN: I cannot possibly withdraw it, but I am willing to allow +it to stand as a special plea and to argue it at a later stage. + +Mr. Justice JORISSEN: As I said, I don't wish to press you, but it +seems to me that this is a very dangerous question. + +Mr. ESSELEN: It is a very important question. + +Mr. Justice JORISSEN: It is not only an important but a perilous +question. + +In an amended plea filed by the Selati Railway Company they give the +names of persons to whom the Company had to pay certain sums of money +or give presents--in other words, bribes--in order to obtain the +Selati contract. The following are the names filed by Baron Eugene +Oppenheim:--To W.E. Bok, then member and minute keeper of the +Executive Council, on August 12, 1890, in cash Ł50; the late N.J. +Smit, sen., then Vice-president of the South African Republic, and +member of the Executive Council, on August 12, 1890, in cash, Ł500; +F.C. Eloff, son-in-law of the President and then Private Secretary to +his Honour, on August 12, Ł50 in cash. By De Jongh and Stegmann, on +behalf of Baron Oppenheim, to C. van Boeschoten, then Secretary of +the Volksraad, on October 6, 1893, in cash, Ł100. By B.J. Vorster, +jun., one of the concessionaires, on behalf of Eugene Oppenheim, on +or about August, 1890, the following: To Jan du Plessis de Beer, +member of the Volksraad for Waterberg, Ł100; Schalk W. Burger, member +of the Volksraad for Lydenburg, now member of the Executive Council, +Ł100; P.L. Bezuidenhout, member of the Volksraad for Potchefstroom, +Ł100; J. Van der Merwe, member of the Volksraad for Lydenburg, Ł100; +A.A. Stoop, member of the Volksraad for Wakkerstroom, Ł50; F.G.H. +Wolmarans, member of the Volksraad for Rustenburg, Ł50; J.M. Malan, +member of the Volksraad for Rustenburg, Chairman of the first +Volksraad, Ł50; N.M.S. Prinsloo, member of the Volksraad for +Potchefstroom, Ł50; J.J. Spies, member of the Volksraad for Utrecht, +Ł70; B.H. Klopper, Chairman of the Volksraad, Ł125; C. van +Boeschoten, Secretary of the Volksraad, Ł180. By J.N. de Jongh, on +behalf of Baron Eugene Oppenheim, about the end of 1892 or the +beginning of 1893, to the late N.J. Smit, sen., then Vice-President +of the South African Republic, and member of the Executive Council, +shares in the defendant Company to the value of Ł1,000; F.C. Eloff, +son-in-law of and then Private Secretary to the State President, +shares in the defendant Company to the value of Ł2,000; P.G. Mare, +then member of the Volksraad for Utrecht, now Landdrost of Boksburg, +shares in the defendant Company to the value of Ł500. By B.J. +Vorster, jun., on behalf of Baron Eugene Oppenheim, about July or +August, 1890, to C.C. van Heerden, member of the Volksraad for +Wakkerstroom, one spider; A.A. Stoop, member of the Volksraad for +Wakkerstroom, one spider; F.G.H. Wolmarans, member of the Volksraad +for Rustenburg, one spider; B.W.J. Steenkamp, member of the Volksraad +for Piet Relief, one spider; J.P.L. Lombard, member of the Volksraad +for Standerton, one spider; H.F. Grobler, member of the Volksraad +for Middelburg, one spider; W.L. de la Rey, member of the Volksraad +for Bloemhof, one spider; D.W. Taljaard, member of the Volksraad for +Standerton, one spider; J.C. van Zyl, member of the Volksraad for +Heidelburg, one spider; J.P. Botha, member of the Volksraad for +Pretoria, one spider; H.P. Beukes, member of the Volksraad for +Marico, one spider; J.F. van Staden, member of the Volksraad for +Vryheid, one spider; J.M. Malan, member of the Volksraad for +Rustenburg, one spider; N.M.S. Prinsloo, member of the Volksraad for +Potchefstroom, one cart; T.C. Greyling, member of the Volksraad for +Heidelberg, one cart. Total value, Ł1,440. + +Twenty-one members of the First Volksraad out of twenty-five! +The Vice-President! The son-in-law and Private Secretary of the +President! The Secretary of the Volksraad and the Minute Keeper +of the Executive! + +The Volksraad, one would think, would be bound to take cognizance of +such a statement and to cause an investigation to be held. They did +take cognizance of it after the manner peculiar to them. But the last +thing in the world to be expected from them was an impartial +investigation: nothing so foolish was ever contemplated. There were +too many in it, and an investigation into the conduct of officials +and Raad members would be establishing a most inconvenient precedent. +Some members contented themselves with a simple denial, others +scorned to take notice of such charges, and others tried to explain +them away. No opinion need be expressed upon the methods of the +concessionaires; nor does it matter whether the company, by its +neglect or default, had justified the act of the Government. The +point which is offered for consideration is that the indisputable +fact of bribes having been taken wholesale was ignored, whilst the +disputed question of liability to cancellation was arbitrarily +settled by the Government in its own favour. + +The crop of scandals in 1897 was as the rolling snowball. It is +unnecessary to refer to them all in detail. The Union Ground, one of +the public squares of Johannesburg, was granted to a syndicate of +private individuals upon such terms that they were enabled to sell +the right, or portion of it, at once for Ł25,000 in cash. The +Minister of Mines, in his official capacity, strongly recommended the +transaction, and was afterwards obliged to admit that he himself had +an interest in it. The Volksraad however refused to confirm it, and +the purchaser of the concession fell back upon the President for +protection. The latter advised him to remain quiet until the +presidential election, which was about to take place, should be over, +and gave the assurance that then he would see that the grant was +confirmed by the Raad. In the session of 1898 his Honour strongly +supported the proposal and it was duly carried. + +The Eloff location scandal was another which greatly disturbed even +the Volksraad. Mr. Frickie Eloff is President Kruger's son-in-law and +enjoys the unsavoury reputation of being interested in every swindle +which is worth being in the Transvaal. A piece of ground lying to the +north-west of Johannesburg close up to the town had originally been +proclaimed as a goldfield, but no reefs having been found there and +the ground not having been pegged, it was afterwards withdrawn from +proclamation. The Mining Commissioner of Johannesburg in the course +of his duties discovered some flaw in the second or withdrawing +proclamation. He advised the head office in Pretoria of this +discovery and stated that it might be contended that the +de-proclamation was invalid, and that great loss and inconvenience +would follow if the ground were pegged and the title upheld. Within +twenty-four hours the ground was pegged by Mr. Eloff, but it is not +known whence he derived the inspiration. His claim was strongly +opposed by the local officials. They reported that the ground was +known to be of no value, and advised that as the cost of licenses +would be very considerable the obvious policy of the Government would +be--if the title could not be upset--to wait until Mr. Eloff should +tire of paying licenses on valueless ground. The Government, however, +decided otherwise: they converted Mr. Eloff's claims into residential +stands; that is to say, they made him a present of an immensely +valuable piece of property and gave him title under which he could +cut it up into small plots and readily sell it. This action of the +Government, however, required confirmation by the Raad. The matter +came before the Volksraad in due course and that body deliberately +revoked the decision of the Government and refused Mr. Eloff any +title except what he could claim according to law. But Mr. Kruger is +not so easily beaten. He soon discovered that the piece of ground +acquired by Mr. Eloff was exactly the piece which it was necessary +for the Government to have for a coolie location, and without more +ado the Government bought it from Mr. Eloff for Ł25,000. + +The ingenuity of the Boer mind in getting the last possible +fraction of value out of any transaction, is well exemplified in this +matter. One would naturally conclude that a deal so profitable would +satisfy anybody. But not so! The piece of ground commands the +approach to many valuable private plots and residences, and it was +soon found that apart from intrinsic worth it might have a +blackmailing value; thus towards the end of 1898, after the deal had +been completed, the owners of these residences and estates were +privately approached with the information that the coolie location, +consisting of shelters built of scraps of iron, paraffin tins, and +old pieces of wood, was to be removed to this site (probably to +facilitate the transference of the present location site, which is +also very valuable, to some other favourite), but that if sufficient +inducement were offered by landowners in the neighbourhood, the +decision would be reconsidered! + +The grant of a Municipality to Johannesburg has often been quoted as +an example of something done by Mr. Kruger in the interests of the +Uitlanders. The principal conditions of that grant are that all +burghers of the State, whether they have property or not, shall be +entitled to vote for the election of councillors; that each ward +shall be represented by two councillors, one of whom must be a +burgher; and that the chairman, or burgomaster, shall be appointed by +Government and shall have the right of veto. The elections in at +least two of the wards are completely at the mercy of the police and +of the poor Boers who have no interest whatever in the town. The +burghers in Johannesburg--police, Boers, and officials--who may +number a couple of thousand, including the naturalized lot, have +therefore a permanent and considerable majority over the Uitlanders, +who probably number over 40,000 adult white males. + +The scope and value of this grant were made manifest when the now +notorious sewerage concession came under discussion. The Municipality +had upon several occasions endeavoured to get the right to introduce +a scheme for the disposal of the sewage of the town, and had applied +for authority to raise the necessary funds, but had been refused. +Suddenly a concession was granted by the Government--they called it a +contract--to Mr. Emmanuel Mendelssohn, the proprietor of the +_Standard and Diggers News_, the Government organ in Johannesburg. +He said that he got it for nothing--possibly a reward for loyal +services; but he also stated that he was not the sole owner. The +value of the grant was estimated by the concessionaire himself to be +about Ł1,000,000 sterling, and in the lately published proposals +which he made to one of the big firms interested in the Transvaal he +indicated how a profit of Ł100,000 a year could be made out of it. +The Town Council unanimously and vigorously protested; but the +Government took no notice of their protest. They then decided to +apply to the Court for an order restraining the Government from +making this grant, on the ground that they had no power to alienate a +right which belonged to the town itself. In order to make the +application to Court it was necessary, in terms of the constitution +of the municipality, to obtain the signature of the Burgomaster. That +official as representing the Government refused point blank to +authorize the council to dispute the Government's action in a Court +of Law, and the council were obliged to apply for an Order of Court +compelling the Burgomaster to sign the documents necessary to enable +them to contest in the Courts of the country the validity of an act +of the Government which was deemed to be infringement upon the rights +of the town. In the face of this the President capitulated for the +time being; but neither he nor the concessionaire makes any secret of +the determination to find a _quid pro quo_. + +The year 1898 brought in its turn its full share of fresh +encroachments and exactions. The bare enumeration of the concessions, +privileges, and contracts, proposed or agreed to, is sufficient to +indicate what must be the condition of mind of one whose interests +are at stake under such a _régime_. Not all 'concessions,' +'contracts,' and 'protected factories' confer exclusive rights, but +many might easily in effect do so and all are infringements upon the +rights of the public. Here are some from the official list of +1899;--Dynamite, Railways, Spirits, Iron, Sugar, Wool, Bricks, +Earthenware, Paper, Candles, Soap, Calcium Carbide, Oil, Matches, +Cocoa, Bottles, Jam, &c. + +A large loan had been constantly talked of throughout the year, but +no one knew for what purpose it could be required. The Government +vouchsafed no information at all but negotiations were carried on +both in Pretoria and in Europe. Month after month went by, but the +millions were not forthcoming, and the Government believed or +affected to believe that their failure was due to a conspiracy among +the capitalists, and in retaliation they directed and subsidised a +fierce anti-capitalist campaign in their press. The explanation of +failure, which did not occur to them, may have been that investors +believed that the course pursued by the Transvaal Government must +inevitably lead to conflict with the paramount power, and they had no +faith and no assurance that in the event of such a conflict taking +place the British Government would take over loans which must have +been contracted only for the purposes of war against England. + +The juggling with the dynamite question continued throughout the +year. The President had successfully defeated the aim of the +Volksraad, and the investigation and reports which had been ordered +by that body in 1897 to be made by lawyers and auditors, although +duly handed into the Government, were suppressed by the President and +not permitted to be shown to the Raad. On the contrary, the +astounding proposition was made that in return for a very +inconsiderable reduction in the cost of dynamite (half of which was +to be made up by the Government sacrificing its share of profits) and +a possible further reduction of 5s. per case under certain +conditions, the monopoly should be renewed for a period of fifteen +years, all breaches in the past to be condoned, and cancellation on +the ground of breach of contract in the future to be impossible. This +proposal, it was publicly notified, would be laid before the Raad +during the first session of 1899. The existence of the dynamite +monopoly was at this time costing the industry Ł600,000 a year, and +on every possible occasion it was represented to the Government that, +if they really did need further revenue, in no way could it be more +easily or more properly raised than by exercising their undoubted +right to cancel the monopoly and by imposing a duty of such amount as +might be deemed necessary upon imported dynamite. It was also pointed +out that the proposed reduction in the cost of dynamite would offer +no relief whatever since it was far more than counterbalanced by the +taxes upon mynpachts and profits which were then being imposed. + +During this year the Volksraad instructed the Government to +enforce their right to collect 2-1/2 per cent. of the gross +production from mynpachts (mining leases). All mynpachts titles +granted by the Government contained a clause giving the Government +this power, so that they were acting strictly within their legal +rights; but the right had never before been exercised. For twelve +years investors had been allowed to frame their estimates of profit +upon a certain basis, and suddenly without a day's warning this +tax was sprung upon them. It was indisputably the right of the +Government, but equally indisputably was it most unwise; both because +of the manner in which it was done and because there was no necessity +whatever for the doing of it, as the revenue of the country was +already greatly in excess of the legitimate requirements. Immediately +following this came a resolution to impose a tax of 5 per cent. upon +the profits of all companies working mining ground other than that +covered by mynpacht. The same objections applied to this tax with the +additional one, that no clause existed in the titles indicating that +it could be done and no warning had ever been given that it would be +done. The proposal was introduced one morning and adopted at once; +the first notice to investors was the accomplished fact. These +measures were particularly keenly resented in France and Germany. + +The grievance of hasty legislation was in these cases aggravated by +the evidence that the taxes were quite unnecessary. President Kruger +still fought against cancellation of the Dynamite Monopoly, by which +the State revenue would have benefited to the extent of Ł600,000 a +year, if he had accepted the proposal of the Uitlanders, to allow +importation of dynamite subject to a duty of Ł2 per case--a tax +which represented the monopolists' profit, and would not therefore +have increased the cost of the article to the mines. He still +persisted in squandering and misapplying the public funds. He +still openly followed the policy of satisfying his burghers at the +Uitlanders' expense; but the burghers have a growing appetite, and +nothing shows the headlong policy of 'squaring'--nothing better +illustrates the Uitlanders' grievance of reckless extravagance in +administration--than the list of fixed salaries as it has grown year +by year since the goldfields became a factor. + + TRANSVAAL FIXED SALARIES. + + Ł s. d. + 1886 51,831 3 7 + 1887 99,083 12 8 + 1888 164,466 4 10 + 1889 249,641 10 10 + 1890 324,520 8 10 + 1891 332,888 13 9 + 1892 323,608 0 0 + 1893 361,275 6 11 + 1894 419,775 13 10 + 1895 570,047 12 7 + 1896 813,029 7 5 + 1897 996,959 19 11 + 1898 1,080,382 3 0 + 1899 (Budget) 1,216,394 5 0 + +That is to say, the Salary List is now twenty-four times as great as +it was when the Uitlanders began to come in in numbers. It amounts to +nearly five times as much as the total revenue amounted to then. It +is now sufficient if equally distributed to pay Ł40 per head per +annum to the total male Boer population. + +The liquor curse has grown to such dimensions and the illicit liquor +organization has secured such a firm hold that even the stoutest +champions of law and order doubt at times whether it will ever be +possible to combat the evil. The facts of the case reflect more +unfavourably upon the President than perhaps any other single thing. +These are the facts: The law prohibits the sale of liquor to natives; +yet from a fifth to a third of the natives on the Rand are habitually +drunk. The fault rests with a corrupt and incompetent administration. +That administration is in the hands of the President's relations and +personal following. The remedy urged by the State Secretary, State +Attorney, some members of the Executive, the general public, and the +united petition of all the ministers of religion in the country, is +to entrust the administration to the State Attorney's department and +to maintain the existing law. In the face of this President Kruger +has fought hard to have the total prohibition law abolished and has +successfully maintained his nepotism--to apply no worse construction! +In replying to a deputation of liquor dealers he denounced the +existing law as an 'immoral' one, because by restricting the +sale of liquor it deprived a number of honest people of their +livelihood--and President Kruger is a total abstainer! + +The effect of this liquor trade is indescribable; the loss in money +although enormous is a minor consideration compared with the crimes +committed and the accidents in the mines traceable to it; and the +effect upon the native character is simply appalling. + +Much could be said about this native question apart from the subject +of drink, for it is one which is very difficult of just appreciation +by any but those who have had considerable experience of and personal +contact with the natives. It is one upon which there is a great +divergence of views between the people of Europe and the people of +South Africa. South Africans believe that they view it from the +rational standpoint, they believe also that Europeans as a rule view +it more from the sentimental. The people who form their opinions from +the writings and reports of missionaries only, or who have in their +mind's eye the picturesque savage in his war apparel as seen at +Earl's Court, or the idealized native of the novelist, cannot +possibly understand the real native. The writer holds South African +views upon the native question, that is to say that the natives are +to all intents and purposes a race of children, and should be treated +as such, with strict justice and absolute fidelity to promise, +whether it be of punishment or reward: a simple consistent policy +which the native mind can grasp and will consequently respect. + +With this in mind it will, perhaps, be believed that the recital of +certain instances of injustice is not made with the object of +appealing to sentimentalism, or of obliquely influencing opinions +which might otherwise be unfavourable or indifferent. The cases +quoted in this volume are those which have been decided by the +courts, or the evidence in support of them is given, and they are +presented because they are typical cases, and not, except in the +matter of public exposure, isolated ones. The report of the case of +Toeremetsjani, the native chieftainess,{48} is taken verbatim from +one of the newspapers of the time. The woman is the head of the +Secocoeni tribe, whose successful resistance to the Transvaal +Government was one of the alleged causes of the annexation. A good +deal could be said about the ways of Native Commissioners in such +matters. Much also could be said about the case of the British +Indians and the effect upon the population of India which is produced +by the coming and going of thousands of these annually between India +and the Transvaal, and their recital of the treatment to which +they are subjected, their tales of appeals to the great British +Government, and their account of the latter's inability to protect +them. Much also could be said of the Cape Boy question, but +sufficient prominence has been given to these matters by the +publication of the official documents and the report of the inquiry +into Field-Cornet Lombaard's conduct, which was held at the instance +of the British Government. + +It is not suggested that if the Government in the Transvaal were +influenced by the vote of the white British subjects, or if it were +entirely dominated by such vote, any encouragement would be given to +the Indian hawkers and traders, or that there would be any +disposition whatever to give voting rights to coloured people of any +kind, but it _is_ suggested that a more enlightened and a more just +system of treatment would be adopted; and in any case it is to be +presumed that there would be no appeals to the British Government, +involving exhibitions of impotency on the part of the Empire to +protect its subjects, followed by the deliberate repetition of +treatment which might become the subject of remonstrance. The +untutored mind is not given to subtleties and sophistries; direct +cause and effect are as much as it can grasp. These it does grasp and +firmly hold, and the simple inferences are not to be removed by any +amount of argument or explanation, however plausible. There is +scarcely an Uitlander in the Transvaal who would not view with dismay +the raising of the big question upon such grounds as the treatment of +the natives, the Cape boys, or the Indians; and the fact that the +Transvaal Government know this may account for much of the +provocation on these questions. It is nevertheless undeniable that +white British subjects in the Transvaal do suffer fresh humiliation +and are substantially lowered in the eyes of the coloured races, +because appeals are made on their behalf to the British Government, +and those appeals are useless. The condition of affairs should be +that such appeals would be unnecessary, and would therefore +become--in practice--impossible. Such a condition of affairs would +obtain under a friendly and more enlightened government, and the +only security for the voluntary continuance of such conditions is +the enfranchisement of the Uitlander population. + +In the midst of all that was gloomy unfavourable and unpromising +there came to the Uitlanders one bright ray of sunshine. Dr. Leyds +who had been re-elected State Secretary on the understanding that he +would resign immediately in order to take up the post of +plenipotentiary in Europe, and whom the Boers with a growing +anti-Hollander and pro-Afrikander feeling would no longer tolerate, +relinquished his office. In his stead was appointed Mr. F.W. Reitz +formerly President of the Free State, a kindly, honourable, and +cultured gentleman, whose individual sympathies were naturally and +strongly progressive but who, unfortunately, has not proved himself +to be sufficiently strong to cope with President Kruger or to rise +above division upon race lines in critical times. Shortly afterwards +Mr. Christiaan Joubert, the Minister of Mines, a man totally unfit +from any point of view to hold any office of responsibility or +dignity, was compelled by resolution of the Second Volksraad to hand +in his resignation. His place was filled by a Hollander official in +the Mining Department who commanded and still commands the confidence +and respect of all parties. The elevation of the Acting State +Attorney to the Bench left yet another highly responsible post open +and the Government choice fell upon Mr. J.C. Smuts, an able and +conscientious young barrister, and an earnest worker for reform. An +Afrikander by birth and educated in the Cape Colony, he had taken his +higher degrees with great distinction at Cambridge and had been +called to the English Bar. + +But there came at the same time another appointment which was not so +favourably viewed. There was still another vacancy on the Bench, and +it became known that, in accordance with the recommendation expressed +by the Raad that all appointments should whenever possible be first +offered to sons of the soil, _i.e._, born Transvaalers, it was +intended to appoint to this judgeship a young man of twenty-four +years of age lately called to the bar, the son of the Executive +Member Kock already referred to in this volume. The strongest +objection was made to this proposal by all parties, including the +friends of the Government; the most prominent of all objectors were +some of the leading members of the bar who, it was believed, carried +influence and were in sympathy with the Government. A delay took +place and it was at one time believed that President Kruger had +abandoned his intention, but it is understood that pressure was +brought to bear upon the President by a considerable party of his +followers, and in the course of a few days the appointment was duly +gazetted. + +The selection of educated and intelligent Afrikanders, sincerely +desirous of purifying the administration, for such responsible +offices as those of State Secretary and State Attorney, was +gratefully welcomed by the Uitlander community, who believed that +only through the influence of such men consistently and determinedly +exerted could a peaceful solution of many difficult questions be +found. It is but bare justice to these gentlemen to state that never +were they found wanting in good intention or honest endeavour, ready +at all times to inquire into subjects of complaint, anxious at all +times to redress any legitimate grievances. To them and to many other +less prominent but no less worthy officials of the Transvaal Civil +Service, whom it is impossible to name and to whom it might prove to +be no good turn if they were named, is due an expression of regret +that they may perhaps suffer by references which are not directed +against them but which are justified by a rotten system and are +called for by the action of others over whom these men have no +control. Nobody but one intimately concerned in Transvaal affairs can +appreciate the unpleasant and undeserved lot of the honest official +who necessarily, but most unjustly, suffers by association with those +who deserve all that can be said against them. + +It is very well known that the gentlemen above referred to would, if +it were in their power, readily accord the terms asked for in the +franchise memorandum recently submitted by the Uitlanders, but they +are unfortunately entirely without influence over the President and +his party. It is true that--although British subjects by +birth--they have chosen to associate themselves with the Transvaal +Government and are now uncompromising republicans; but there is no +fault to be found with that. It may be true also that they aspire to +republicanize the whole of South Africa, and free it of the Imperial +influence; that would be a cause of enmity as between them and those +who desire to preserve the Imperial connection, but it is no ground +for reproach. There is one point, however, upon which they in common +with nearly all the enlightened Afrikanders throughout South Africa +may be adjudged to have fallen short in their duty; it is this, that +whilst nine times out of ten they divide upon sound principles, they +will not follow that policy to a conclusion; for upon the tenth +occasion they will subordinate principle and, at the call of one who +may use it unscrupulously, will rally upon race lines alone. It is +only too true of only too many that they cannot be got to see that if +they would really divide upon principles all danger of conflict would +disappear and the solution would be both speedy and peaceful; for it +is the division upon race lines that alone raises the distracting +prospect of war. + +For those who are in this position in the Transvaal it may be allowed +that their difficulties are great. They cannot, it is true, complain +of lack of warning. They did not, it is also true, after trying their +influence and finding it of no avail, cut adrift when they might have +done so, and by their example have so stripped the reactionaries of +all support that there could now be no question of their standing +out; but they may have honestly believed that they would in time +succeed, whilst the Uitlanders, judging from a long and bitter +experience, felt that they would not and could not. They may say that +this is no time to part from those with whom they associated +themselves in times of peace. Such reasoning may provide an excuse in +the Transvaal, but no such plea will avail for those without the +Transvaal who have let the day of opportunity go past, and who cry +out their frightened protest now that the night of disaster is upon +us. + + +Footnotes for Chapter X + +{42} That President Kruger always contemplated controlling the +Uitlander population by arbitrary methods was proved by the choice of +the site for the Johannesburg fort. This site, on a hill commanding +the town, had been reserved by Government from the commencement, and +when the accommodation in the old gaol proved insufficient and a new +gaol was required it was located on this spot, then a favourite +residential quarter of the town. A deputation of officials waited +upon the President to urge the placing of the new gaol in a more +convenient locality elsewhere. His Honour replied, 'that he did not +care about the convenience. He was going to build the gaol there, +because some day the town would be troublesome and he would want to +convert the gaol into a fort and put guns there before that time +came.' That was at least four years before the Raid. + +{43} The writer has since learned from Mr. +Alfred Beit that the same proposal was made to him by Mr. Graaff in +January, 1896, immediately after the Raid, and that it was baited +with the promise that if he and Mr. Rhodes would agree to support it +the threatened 'consequences' of their association with the Raid +would be averted. But they preferred the 'consequences.' + +{44} About the middle of 1895 a bad explosion of dynamite occurred +in Germany under circumstances very similar to those of the +Johannesburg accident. An inquiry held by the German authorities +resulted in the finding that the explosion must have been due to +some fault in the dynamite, and an order was issued to destroy the +remainder. The officials charged with this duty found, however, that +the owners, anticipating some such result, had removed it. It was +eventually traced as having been shipped from Antwerp to Port +Elizabeth and thence consigned to the Transvaal in November, 1895. +The Johannesburg explosion occurred in February, 1896. No competent +or independent inquiry was held, although about 100 people were +killed and many more injured. + +{45} The gaoler--Du Plessis--in the fulfilment of his promise lost +no opportunity to harass them into submission, by depriving them of +one thing after another, knowing that they would ask for nothing +except as a right. As an instance, the spirit-lamp with which +they made their tea was taken from them on the pretext that no +combustibles were allowed under the prison regulations, and upon a +remonstrance being made by Mr. Conyngham Greene to Dr. Leyds the +latter replied that it was necessary on account of the risk of fire. +For about eight months, therefore, water was to be--and of course +was--their only drink. Only once during the thirteen months did Du +Plessis appear to 'get home.' It was when he proposed that the two +should be separated and sent to out-of-the-way gaols, widely apart +and distant from all friends. Without doubt the conditions told +seriously upon their health, but as both men were endowed with +exceptional physique and any amount of grit they were still able to +take it smiling. + +{46} It is described as the Witfontein case. See page 100. + +{47} When the case came up again in due course a decision was given +by Mr. Gregorowski, the new Chief Justice, which was regarded by the +plaintiff's advisers as a reversal of the first judgment, and the +practical effect of which was to bring the case under the operations +of Law 1 of 1897--that is to say, to put the plaintiff 'out of court.' +Mr. Brown has appealed to the United States Government for redress. + +{48} See Appendix K. + + + + +CHAPTER XI. + +THE BEGINNING OF THE END. + + +So the year dragged on with its one little glimmer of light and its +big black clouds of disappointment, and it was Christmas-time when +the spark came to the waiting tinder. What a bloody bill could the +holidays and holy days of the world tot up! On the Sunday night +before Christmas a British subject named Tom Jackson Edgar was shot +dead in his own house by a Boer policeman. Edgar, who was a man of +singularly fine physique and both able and accustomed to take care of +himself, was returning home at about midnight when one of three men +standing by, who as it afterwards transpired was both ill and +intoxicated, made an offensive remark. Edgar resented it with a blow +which dropped the other insensible to the ground. The man's friends +called for the police and Edgar, meanwhile, entered his own house a +few yards off. There was no attempt at concealment or escape; Edgar +was an old resident and perfectly well known. Four policemen came, +who in any circumstances were surely sufficient to capture him. +Moreover, if that had been considered difficult, other assistance +could have been obtained and the house from which there could have +been no escape might have been watched. In any case Edgar was +admitted by the police to have sat on the bed talking to his wife, +and to have been thus watched by them through the window. It is not +stated that they called upon him to come out or surrender himself, +but they proceeded immediately to burst in his door. Hearing the +noise he came out into the passage. He may or may not have known that +they were police: he may or may not have believed them to be the +three men by one of whom he had been insulted. There is not a word of +truth in the statement since made that Edgar had been drinking. It +was not alleged even in defence of the police, and the post-mortem +examination showed that it was not so. A Boer policeman named +Jones (There are scores of Boers unable to speak a word of +English, who nevertheless own very characteristic English, Scotch, +and Irish names--many of them being children of deserters from the +British army!) revolver in hand burst the door open. It is alleged +by the prisoner and one of the police that as the door was burst +open, Edgar from the passage struck the constable on the head +twice with an iron-shod stick which was afterwards produced +in Court. On the other hand Mrs. Edgar and other independent +witnesses--spectators--testified that Edgar did not strike a blow +at all and could not possibly have done so in the time. The fact, +however, upon which all witnesses agree is that as the police +burst open the door Constable Jones fired at Edgar and dropped him +dead in the arms of his wife, who was standing in the passage a +foot or so behind him. On the following morning, the policeman was +formally arrested on the charge of manslaughter and immediately +released upon his comrades' sureties of Ł200. + +As gunpowder answers to the spark so the indignation of the Uitlander +community broke out. The State Attorney to whom the facts were +represented by the British Agent in Pretoria immediately ordered the +re-arrest of the policeman on the charge of murder. The feeling of +indignation was such among British subjects generally, but more +especially among Edgar's fellow-workmen, that it was decided to +present a petition to her Majesty praying for protection. British +subjects were invited to gather in the Market Square in order to +proceed in a body to the office of the British Vice-Consul and there +present the petition, but in order to avoid any breach of the Public +Meetings Act they were requested to avoid speech making and to +refrain in every way from any provocation to disorder. Some four or +five thousand persons gathered together. They listened to the reading +of the petition and marched in an orderly manner to the office of +the British Vice-Consul where the petition was read and accepted. + +This was the first direct appeal to her Majesty made by British +subjects since the protests against the retrocession eighteen years +before. Not very many realized at the time the importance of the +change in procedure. There could be no "As you were" after the direct +appeal: either it would be accepted, in which event the case of the +Uitlanders would be in the hands of an advocate more powerful than +they had ever proved themselves to be, or it would be declined, a +course which would have been regarded as sounding the death-knell of +the Empire in South Africa. The time was one of the most intense +anxiety; for the future of the Uitlanders hung upon the turn of the +scale. + +It was late one night when those who had been called to Pretoria to +receive the reply of her Majesty's Government returned to the Rand. +The real reply then was known only to three men; it was simply, point +blank refusal to accept the petition. There were no reasons and no +explanations. It was done on the authority of Sir William Butler, the +Commander-in-Chief in South Africa and acting High Commissioner; for +Sir Alfred Milner was at that time in England, as also was Mr. +Conyngham Greene. But the faith was in these men that it could not be +true, that it could not have happened had Sir Alfred Milner not been +absent, and thus came the suggestion to 'explain it away.' On the +following day British subjects on the Rand learned that a breach of +diplomatic etiquette had been committed, that the petition should +never have been published before being formally presented to her +Majesty, and that thus it would be necessary to prepare and present +another in proper form. The petition was redrawn and in the course of +the following weeks upwards of 21,000 signatures were obtained by +that loyal and enthusiastic little band of British subjects who form +the Johannesburg branch of the South African League. + +In the meantime other things had been happening. Messrs. Thomas R. +Dodd and Clement Davies Webb had been arrested under the Public +Meetings Act for having organized an illegal meeting in the Market +Square, Johannesburg, for the purpose of presenting the petition to +the British Vice-Consul. They were released upon bail of Ł1,000 +each. Whether this was a fair example of the judicial perspective in +the Transvaal, or whether it was a concession to the feelings of the +Boers it is impossible to say, nor does it much matter. The fact is +that for the crime of killing a British subject the bail was Ł200; +and for the crime of objecting to it the bail was Ł1,000. This action +only added fuel to the fire and a public meeting was immediately +convened to be held in a circus building known as the Amphitheatre. +Meetings are permitted under the Act provided they are held in an +enclosed building. The object of the meeting was to record a protest +against the arrest of Messrs. Dodd and Webb. A great many of the more +ardent among the British subjects were of opinion that the time for +protests and petitions was past, and they would not attend the +meeting. A great many others feeling that it was more or less a +formality leading to nothing else, did not trouble to attend. Not one +of those who did attend had the least suspicion of any organized +opposition. The following dispatch from the High Commissioner to the +Secretary of State for the Colonies sufficiently describes the +sequel:-- + + GOVERNMENT HOUSE, CAPE TOWN, + _April 5, 1899_. + +SIR,--I have the honour to forward herewith the certified and +attested copies of affidavits which form an enclosure to Mr. Wyberg's +letter, transmitted to you in my dispatch of the 28th March, but +which did not reach me in time to catch the last mail steamer. + +From these affidavits, the number of which and the manner in which +they confirm one another seem to me to leave no doubt of their +general trustworthiness, it appears: + +1. That early on the morning of Saturday, the 14th January, the +foremen in charge of the various camps along the Main Reef Road were +instructed to tell a certain number of their workmen to be at the +Amphitheatre in Johannesburg at 2 p.m., where they would be addressed +by an official of the Public Works Department, Mr. P.J. Malan (Hoofd +van Afdeeling Wegen). + +2. That the affair had been planned beforehand, and that Acting Road +Inspector Papenfus and others systematically visited the various +camps on that morning in order to beat up recruits, and that inquiry +was made in some cases to ensure that the persons sent should be +'treu,' _i.e._, Boer or Afrikander workmen who might be expected to +take the side of the Government. The Russian workmen were not asked +to go. + +3. That the men were paid two hours earlier than usual, and that +those men who were ordered to go were told, if they could not get +Government carts, they should hire and recover afterwards. + +4. That in some cases, as that of the Boksburg section, the men were +conveyed the greater part of the way by Government carts. + +5. That when the men arrived at the Amphitheatre, about 2 p.m., a man +who was either Mr. Bosman, Second Landdrost's Clerk, or Mr. Boshof, +Registrar of the Second Criminal Court, and perhaps both of them, +told them to go to the Police Station. + +6. That on arriving at the Police Station, they were addressed by Mr. +Broeksma, Third Public Prosecutor, and told they were there to break +up the meeting when he gave them certain signals. + +7. That they then went into the Amphitheatre, and that there were +present, besides Mr. Broeksma, Mr. Papenfus, Mr. Jacobs, Special Road +Inspector, Mr. de Villiers, Second Public Prosecutor, and Mr. +Burgers, also an official, as well as several prominent members of +the Town and Special Police in plain clothes. + +8. That the different sections of the Road party men were placed in +various parts of the building, under their respective foremen, and +that several Government officials assisted in locating them. + +9. That a number of the men did not understand what they were there +for. + +10. That the proceedings on the part of the promoters of the meeting, +which, as you are aware, had been sanctioned by the Government, were +perfectly regular. + +11. That on the first appearance of the promoters of the meeting +there was a concerted disturbance, which rendered it totally +impossible to go on with the proceedings. + +12. That in the riot which followed several people were seriously +injured, the sufferers in every case being _bonâ fide_ sympathizers +with the object of the meeting, and the aggressors being persons who +had come there with the object of breaking it up. + +13. That the Police did not make the smallest effort to check the +disturbances though it would have been easy to do so, and that, when +appealed to, they maintained an attitude of indifference. + +14. That Broeksma, Third Public Prosecutor, and Lieutenant Murphy, of +the Morality Police, actually assisted in breaking chairs, and +encouraged the rioters. + + I have, &c., + A. MILNER, + _Governor and High Commissioner._ + +With affairs of this kind stirring up race hatred and feeling among +the class from whom the juries have to be selected, what chance was +there of securing an impartial trial of the policeman charged with +the murder of Edgar? The Acting British Agent Mr. Edmund Fraser in +his dispatch of December 23 tells what he thought of the prospect +before these affairs took place. 'As to the ultimate charge to be +brought against the policeman, the State Attorney was doubtful +whether the charge had not better be one of culpable homicide, for +the reason that in the presence of a Boer jury his counsel would have +a much easier task in getting him off under a charge of murder than +for culpable homicide. But the chances of a Boer jury convicting +him at all are so small that I said I should not assent to either +charge until I had seen what rebutting evidence the Public Prosecutor +brought.' + +But this was not all. Immediately after the murder of Edgar, Mr. J.S. +Dunn the editor of the _Critic_ newspaper, recited the facts of the +case as they were known to him and passed some severe strictures upon +Dr. Krause, the First Public Prosecutor, who was responsible for +determining the charge against policeman Jones and fixing his bail in +the first instance. The steps now taken by Dr. Krause no doubt were +within his legal rights, but they do not appear to a layman +calculated to ensure justice being done. Before proceeding with the +murder trial Dr. Krause took criminal action against Mr. Dunn for +libel, and in order to prove the libel he, whose duty it was to +prosecute Jones for murder, entered the witness-box and swore that +under the circumstances as known to him he did not consider that +Jones had been guilty of murder, and had therefore faithfully +performed his duty in charging him with the minor offence and +releasing him on bail. Further, he called upon the Second Public +Prosecutor to testify in a similar strain; and finally he directly +and deliberately associated with himself as witness on his side the +man Jones himself who was charged with the murder. All this +ostensibly to prove a paltry libel which could have been dealt with +quite as effectively and infinitely more properly after the trial for +murder had taken place; indeed it is incontestable that the verdict +in the murder trial should properly have been relied upon to a large +extent to determine the gravity of Mr. Dunn's offence. It had +appeared to the British population that the chance of an impartial +trial, with the jury drawn exclusively from the burgher class, was +sufficiently remote without any proceedings so ill considered as +these. The result fulfilled anticipations. In due course the +constable Jones was indicted for culpable homicide and acquitted; and +the presiding judge (Mr. Kock, who as already described had claimed a +judgeship as a 'son of the soil') when discharging the prisoner said, +'With that verdict I concur and I hope that the police under +difficult circumstances will always know how to do their duty.' + +After the preliminary examination of Jones the Acting British Agent +had written to the Acting High Commissioner (December 30, 1898): 'I +will only remark that the enclosed report ... seems to show that the +Public Prosecutor (Krause), who has been deeply offended by the slur +cast upon his judgment through the orders from Pretoria to keep the +accused in prison instead of out on bail, was more inclined to defend +than to prosecute and showed an extraordinary desire to incriminate +either the British Vice-Consul or the South African League for what +he termed contempt of court in connection with the publication of +certain affidavits in the _Star_.' + +That was indeed the position. In this as in the Cape Boys case (the +Lombaard inquiry) the aim of the prosecution appeared to be to prove +that the British Vice-Consul had investigated and reported cases of +injustice suffered by British subjects; and the establishment of such +proof seemed to be considered a sufficient and triumphant answer to +the original complaint. Such action drew the following spirited +protest from Mr. Emrys Evans to the British Agent: 'He (Krause) seems +generally to suppose that I have no right to do anything in the way +of assisting British subjects, and that my action as Vice-Consul is +nothing more nor less than officious meddling.' That well describes +the position of Great Britain's representative in the Transvaal, and +it has been the same for so many years that among the Uitlanders it +creates no feeling of surprise; but imagine the representative +of--let us say--the United States being so treated! + +While these matters were proceeding an opportunity occurred to raise +fresh funds for the Uitlander Education Council. The scheme had been +perilously near collapse on several occasions, but by a little +generous and timely help actual abandonment had been averted. The +possibility of a return of better times had been foreseen by some of +those interested in education, and the appeals which were made in the +months of February and March resulted in raising a fund of over +Ł100,000. The companies were also applied to for assistance in the +form of annual grants for maintenance; and guarantees were given +amounting in all to about Ł16,000 a year. A final effort was made by +the Government party and the allies of Dr. Mansvelt, the +Superintendent of Education, to show that the Government had made +ample provision for the education of English-speaking children, and +that the Uitlanders' scheme was unnecessary. Even Mr. Reitz, the +State Secretary, it is to be regretted, undertook a public defence of +the system which he has frequently expressed his disapproval of; but +the more favourable construction which he endeavoured to place upon +the law was immediately removed by a plain statement from the +President to the exact contrary effect. + +The Uitlanders consider that, if the intentions of the Government +were as good as they desire them to be thought, firstly, they should +not object to have the conditions permanently established and not +leave them liable to alteration at the sweet will of the +Superintendent, as they are to-day; and secondly, as there has been +nothing to hinder the carrying out of benevolent intentions--had they +existed--there is no reason why there should be five or six thousand +Uitlander children without any facilities for education in their own +language except such as are provided by private enterprise or +charity. And this is so; notwithstanding the expenditure by the State +of nearly a quarter of a million per annum, ostensibly upon +education, nine-tenths of which sum is contributed by the Uitlander +population. + +The spirit in which the State aid is given and the aim which the +Government have in view are entirely revealed in the conditions, a +brief reference to which will be sufficient. + +The Government capitation grant of Ł4 per annum may be earned on the +conditions:-- + +(a) That the child be over six years of age. + +(b) That it shall have a sufficient knowledge of the Dutch language +and South African history. + +(c) That it be not the child of Dutch or Hollander parents. + +(d) That a qualified Dutch teacher must be retained by the school. + +The first condition excludes all the children of the kindergarten +schools, and also a class who form a considerable percentage in the +elementary schools. The third condition excludes all those who have +in early years any chance of satisfying the inspectors under the +second condition. Obviously the amount earned by the few who would +satisfy all the conditions could not possibly pay for the salary of +a Dutch teacher. It was an actual experience in several schools that +the acceptance of State aid involved a direct loss; a good example of +the 'something for nothing' policy. + +English is permitted to be the medium of instruction in Government +schools on the conditions, among others-- + +That Dutch be taught for one hour a day during the first year, two +hours a day during the second year, three hours a day during the +third year; and that in the fourth year Dutch shall become the sole +medium of instruction. + +The characteristic trickery and cunning which mark so many of the +Boer-Hollander enactments are again apparent here. The proposal is +made to appear reasonable, but it is clearly impossible for a child +to attain within the time named such proficiency in a foreign +language as to be able to receive all instruction in it. The effect +and the design are to place English-speaking children at a grave +disadvantage compared with Dutch-speaking children; either they would +have to devote a great deal more time to the study of Dutch in the +first three years so as to be able to receive all instruction in that +tongue, or they would suffer in the higher standards through their +imperfect knowledge of the medium of instruction. It was not to be +supposed that the Uitlanders, after an experience extending over a +decade and a half of all sorts of promises, not one of which had been +kept in the spirit in which it was intended to be construed, would +consent to abandon their scheme at the behest of Dr. Mansvelt and the +misguided few who judged his proposals by appearances. President +Kruger speaking at Rustenburg as lately as March last laid particular +emphasis upon the stipulation in the Law that in the fourth year +Dutch should be the sole medium of instruction, and explained that +his determination was to make Dutch the dominant language. + +In the month of February the Transvaal Government received a dispatch +from her Majesty's Government with reference to the dynamite +concession. It referred to the announcement already recorded, that in +the course of the coming session of the Raad a proposal would be +submitted for the extension of the monopoly for fifteen years. +Mr. Chamberlain pointed out that her Majesty's Government were +advised that the dynamite monopoly in its present form constitutes a +breach of the Convention; he expressed the hope that the Transvaal +Government might see its way voluntarily either to cancel the +monopoly or to so amend it as to make it in the true sense a State +monopoly operating for the benefit of the State; and he suggested +that in any case no attempt should be made to extend the present +concession, as such a proposal would compel her Majesty's Government +to take steps which they had hitherto abstained from taking in the +hope and belief that the Transvaal Government would itself deal +satisfactorily with the matter. It was with this despatch, so to say +in his pocket, that the President introduced and endeavoured to force +through the Raad the proposal to grant a fifteen years' extension of +the monopoly. + +That representations had been made by the British Government on the +subject of the dynamite monopoly, had been known for some time before +the Peace Negotiations (as they have been called) between the +Government and the Capitalists were proposed. On February 27{49} Mr. +Edouard Lippert, the original dynamite concessionaire, who it was +known would receive the further sum of Ł150,000 if the monopoly +remained uncancelled for five years, opened negotiations on behalf of +the Government with certain representatives of the capitalist groups +on the Rand; and it was immediately seen that the main--one might +almost say sole--object of the negotiations was to safeguard the +dynamite monopoly. The Government had, in fact, been placed in a very +awkward position. One of the excuses for not expropriating the +monopoly had been that the State had not been successful in raising a +loan. In order to deal with this objection the Chamber of Mines had, +in the month of February, 1899, made an offer, guaranteed by all the +principal firms on the Rand, to provide the sum of Ł600,000 to +compensate the monopolists for their actual expenditure up to date +upon buildings, plant, machinery, &c., so that there should be no +semblance of injustice in the treatment meted out to them. The +conditions of the offer were that the dynamite monopoly should be +cancelled and importation of explosives permitted under an import +duty which would give the State a very large revenue at once and +which in the course of a few years would provide a sinking fund +sufficient to extinguish the loan of Ł600,000. The offer was so +favourable to the State that it placed the Government in a +quandary.{50} The attitude of the Volksraad, too, was distinctly +hostile to the dynamite monopoly; and on top of all came the +representations of the Imperial Government upon the subject. It +became necessary to do something to save the threatened +'cornerstone'; hence the Peace negotiations between the Government +and the capitalists. + +This was another and one of the clearest examples of the 'something +for nothing' policy, for it will be observed that of all the things +mentioned dynamite alone was the matter to be definitely settled--and +that to the satisfaction of Mr. Kruger. Long years of experience +had taught the Uitlanders to examine any proposals coming from the +Government with the utmost care; and the representatives of the +mining industry were soon of one mind in regarding these negotiations +as nothing but a trap. + +Of the five men who represented the Government, viz., the President, +the State Secretary (Mr. Reitz), the State Attorney (Mr. Smuts), the +Foreign Plenipotentiary (Dr. Leyds), and the 'disinterested +intermediary,' Mr. Lippert, it was easy enough to account for three. +The President had frequently pledged himself to maintain the +monopoly, and always referred to it as the corner-stone of the +independence. Dr. Leyds had chosen to associate himself with the +defence of the concessionaires upon all occasions, and had even gone +so far, as evidence given at the Industrial Commission showed, as to +misrepresent the facts in their defence. The difficulty was how to +explain the association of the State Attorney and State Secretary, in +whose good intentions and integrity there was a general belief. The +solution was to be found in the illusory promises of reform under the +heading of franchise and reorganization of the finances and other +matters. These proposals, it was believed by Mr. Kruger and his +party, would secure the support of the two above-named officials, as +well as entice the capitalists into the trap set for them. But there +were other points of advantage for Mr. Kruger. The whole scheme was +in accordance with the _divide et impera_ policy. The first +impression, if the scheme were accepted, would be that the +capitalists had secured something for themselves by bartering away +the rights of the public; so there would have been a division in +Johannesburg. Another effect to be brought about by the proposed +action regarding the Indians would have been to divide the Uitlanders +from the Imperial Government, and the net result of it all would have +been that neither the public nor the capitalists would have got +anything but illusory promises and Mr. Kruger would have secured his +dynamite; for had he been able to extract from the Industry an +expression of approval or acquiescence, it would have given him his +majority in the Volksraad in favour of the monopoly. + +The following is the correspondence which passed:-- + + JOHANNESBURG, S.A.R., + _27th March, 1899._ + +_To the Honourable the State Secretary, Pretoria._ + +HONOURABLE SIR, + +Before communicating to you and the representatives of the Government +whom we met the expression of our opinion and that of our London +friends on the proposals submitted to us by Mr. Lippert on behalf of +the Government of the S.A.R., we deem it advisable to recite shortly +how we have arrived at the present position. + +On the 27th of February Mr. E. Lippert called together Messrs. A. +Brakhan, E. Birkenruth, and G. Rouliot, to whom he submitted a +certain programme concerning the settlement of some pending questions +forming the subject of grave differences between the Government of +the S.A.R., on the one part, and the whole Uitlander population and +the mining industry on the other part, with a view to ascertain +whether these gentlemen were willing to open negotiations on the +basis suggested, in order to try to come to a settlement. Upon the +affirmative answer of these gentlemen, Mr. Lippert obtained an equal +expression of approval from Dr. Leyds, the State Secretary, the State +Attorney, and also of President Kruger. The preliminary programme at +Mr. Lippert's request was then communicated by cable to our London +friends. Upon receipt of a reply to the effect that our London +friends were in favour of any arrangement which would produce harmony +and secure administrative and financial reform, which was +communicated to Mr. E. Lippert, a meeting was arranged with Dr. +Leyds, Messrs. Reitz, Smuts, and Lippert, as representing the +Government, on the 9th of March; but as Messrs. Brakhan, Birkenruth, +and Rouliot had repeatedly mentioned that they did not consider +themselves qualified to discuss matters on behalf of the general body +of Uitlanders, and seeing that the programme submitted was to be +considered as a whole, and either adopted or rejected as such, +therefore it would be necessary to obtain the views, on the franchise +question, of prominent citizens more able to express the wishes of +Uitlanders on this subject; Mr. Lippert, on behalf of the Government, +invited in addition Messrs. Pierce and Pistorious to be present at +the meeting. + +At this meeting several points were discussed, but as no definite +proposal regarding franchise could be submitted, no decision was +arrived at, it being made clear, however, that this was only a +preliminary conversation with the object of exchanging views, and +that in any case the opinion of the Uitlander population, and also +that of our friends in Europe, would have to be fully ascertained. + +On the 12th instant, at the request of Mr. Lippert, Messrs. Brakhan, +Birkenruth, Rouliot, Pierce, Pistorious and Fitzpatrick met, and Mr. +Lippert communicated to us the definite proposals of the S.A.R. +Government, which were duly cabled the same day to our friends, +requesting a reply before the end of the week, as the Government +would have to submit the whole matter to the Raad, and we were +requested to sign an agreement with the Government, and a declaration +binding on ourselves and our London friends. + +Their answer, suggesting a further conference with Dr. Leyds in +London, was duly communicated to his Honour the State President. His +Honour's reply, stating that the exchange of views had better take +place here, was communicated to our European friends. + +Now they have cabled us a full _précis_ of the proceedings and +resolutions passed at the meeting held in London on the 16th +instant, and the following is therefore the expression of our opinion +as well as that of our European friends, upon the subjects which have +already been discussed between the representatives of the S.A.R. +Government, and ourselves. + +It having been stipulated by the Government that the various matters +herein dealt with shall be taken as parts of one whole plan, we have +bowed to that decision, and we beg now to reply under the various +heads on the understanding that no one portion may be judged as apart +from the whole. + +BEWAARPLAATSEN. + +In furtherance of the general settlement, those of us directly +concerned in the mining industry would be prepared to recommend a +modification of the claims of the surface holder and a final +settlement of the question on the lines suggested as preferable to +the continued uncertainty, on the understanding that the basis for +valuation should be arrived at by fixing, after consultation, a +maximum price upon the best situated bewaarplaatsen or water-right, +and that the price of all other mining rights under bewaarplaatsen, +machine stands or water-rights be valued by competent engineers on +the basis and in relation to the above maximum value, taking into +consideration the comparative value of the outcrop claims and the +diminishing value in depth; the surface holder having the preferent +right to acquire the undermining rights at the price thus arrived at. + +FINANCIER AND AUDITOR. + +The appointment of a suitable man with efficient control and assured +status would undoubtedly meet one of the most serious of the +grievances, and would be universally accepted as satisfactory. The +financier, in order to enjoy the confidence of all concerned, and +with a view to avoid as far as possible ulterior discussion of his +recommendations, should be approved of by some person belonging to a +firm of well-known independent standing, such as Lord Rothschild, for +instance. The financier to be a member of the Executive Council, and +to formulate and approve every scheme of taxation should further or +other taxation become necessary. + +LOAN. + +Any loan offered at reasonable rates and approved by the Finance +Minister for the common good would undoubtedly receive our support; +we understanding, on the other hand, that no new taxation will be +imposed on the general population or the mining industry pending the +appointment of the financier. + +PRESS AGITATION. + +There having been, as far as we know, no organized press agitation, +it is impossible for us to deal with this matter, but it is clear +that the criticism which has been provoked by a certain condition of +affairs here would necessarily cease upon the causes of complaint +being removed, and we would be prepared, in case of our coming to a +settlement with the Government, to declare that the solution of the +questions arrived at meets with our approval as a whole, so as to +discourage further agitation in newspapers on these subjects. + +POLITICAL ORGANIZATIONS. + +We shall at all times be willing to publicly discourage and repudiate +any political organization having for its object the stirring up of +strife or promoting dissension between the different nationalities +inhabiting this State, and we would and will in any case do this +freely and upon principle, and entirely apart from other +considerations connected with this Conference, but it should be +clearly understood that this declaration must not be construed as +repudiating or deprecating any legitimate representations which the +community or any section of them may see fit to make in matters which +concern them as inhabitants of this State. + +COOLIE QUESTION. + +We well appreciate the dangers of uncontrolled, indiscriminate +immigration of the lower class Indians, Chinese, and other coloured +races, and the necessity for provision for sanitary control, and +shall be most willing to aid the Government in the above objects; but +we consider it impossible for us to intervene in this matter, which +is governed by the London Convention with the British Government. We +suggest that for the purpose of guarding against the dangers above +referred to, this matter be explained to the Imperial Government as +part of the whole scheme for the settlement of differences, and claim +therefore an especially favourable consideration, for, in the success +of this scheme, all who desire peace and prosperity in this country +must be deeply concerned and willing to co-operate on generous lines. +We suggest that this representation be made in such manner as may be +deemed less calculated to provoke unfavourable comment, or offend +susceptibilities in any quarter, and that the suggestion be viewed by +all parties in its true proportions as one part of the whole scheme +of settlement. Unless so viewed we should be unable to put ourselves +forward in a matter at issue between the two Governments, nor of +course could the proposals of the Government be taken to suggest +this. + +DYNAMITE. + +With the principle of granting a monopoly to individuals, agencies, +or corporations it is impossible for us to agree, and whatever +arrangement be effected, we should have to make it clear that in this +instance we are viewing the question solely as a burden--a tax which +the mines are asked to definitely accept in order that an +amelioration of the general conditions affecting the whole Uitlander +population may be secured. + +The difference between the cost at which dynamite could be imported +(exclusive of Transvaal duty) and the price we are now compelled to +pay amounts to over Ł600,000 per annum on the present rate of +consumption, a sum which will increase steadily and largely in the +immediate future. + +Whether the mining industry should voluntarily accept such an immense +burden as a set-off against terms which, whilst they would doubtless +eventually favourably affect the industry, are in their immediate +effects designed to satisfy the Uitlander population in their +personal rights as distinct from the mining industry as a business, +is a matter which would in the first place have to be submitted to +the recognized elected representatives of the mining industry, and +would in the second place depend upon whether the people in whose +interest such sacrifice is required would accept the terms which the +Government would be willing to concede as satisfying their reasonable +aspirations. + +It is also a matter of grave and general concern that a sum so +enormous, when compared with the revenue requirements of the State, +should be taken annually from the mines with little, if any, benefit +to the country, when it might be utilized in part or entirely in +supplementing the State revenue, and thus afford relief in other +directions to every taxpayer in the country. + +Notwithstanding the above considerations, however, we feel that a +great monetary sacrifice might be made to secure a peaceful and +permanent solution of vexed questions, and that the subject of +dynamite should be submitted to the Chamber of Mines and discussed in +that spirit. + +Whilst we are willing, in order to bring about a general settlement +of all pending questions, to recommend such a heavy sacrifice to be +made, and adopt the proposal made by the Government, it would be a +condition that there shall not be any extension of the concession, +and that the terms of the contract shall be rigidly enforced; that +the Dynamite Company shall reduce the price of dynamite to 70s. per +case, giving to the Government the 5s. per case and the share of the +profits to which it is entitled; and that at the end of the present +agency the factory shall be taken over at a valuation which shall not +include compensation for goodwill or for loss of future business. + +FRANCHISE. + +This is the vital point upon which a permanent and peaceful +settlement must hinge, and if a satisfactory solution can be arrived +at on this point, as well as on the others raised, we shall be +prepared to recommend to the Industry to make the sacrifices involved +in accepting the Government proposals. + +We note that-- + +_(a)_ the proposals do not include a substantial recognition of past +residence; + +_(b)_ that the period is seven years; + +_(c)_ that it is proposed that those who acquire citizenship under +the law, if changed as proposed, shall not have the vote for the +office of President, and that the oath of allegiance would be +required seven years before the acquisition of limited burgher +rights; + +_(d)_ that the proposed new law would have to be published for a year +and receive the assent of two-thirds of the enfranchised burghers of +the Republic. + +Whilst declaring ourselves willing to accept and recommend the +acceptance of any fair scheme on constitutional reforms, we consider +that such a scheme must first be laid before, and approved by, the +unenfranchised community, as the rights, liberties, and privileges of +the community would depend absolutely on the nature of the reform. + +We have repeated on many occasions that business houses are not +qualified to discuss this question on behalf of the general body of +Uitlanders, and that we would not presume that we were appointed by +the whole community to discuss it on their behalf. It will therefore +be necessary to find means to bring the whole question before those +directly affected, who are the only ones entitled to finally dispose +of the matter, their acquiescence to the scheme having to be first +obtained before we recommend the sacrifices which we contemplate in +order to ensure a general permanent and peaceful settlement. + +For your guidance we enclose an expression of opinion which has been +furnished to us by some of the most prominent Uitlanders, and +places before you the views of a very large and influential section +of the community. + +The above subjects are only those which have been discussed between +the Government representatives and ourselves, but, in order to arrive +at a final permanent settlement, we think that we ought to endeavour +to remove all other causes of disagreement, and treat as well several +other important questions left untouched; and we would beg that the +Government will take the necessary steps, as far as lies in their +power, to assist the industry by bringing native labourers to the +goldfields, and to this end will be willing to confer with the +Chamber of Mines as to the best means to be adopted; that the law +relating to the sale of intoxicating liquor at present in force shall +be maintained and strictly enforced. We may further state that we +have every confidence in the probity and honour of the Judges of the +S.A.R., and wish to place on record our desire that the independence +of the Bench should be assured and maintained inviolate in the +highest interests of all the inhabitants of the Republic. + +We enclose copy of the cable which we sent, embodying the proposals +of the Government of the S.A.R. as communicated to us by Mr. Lippert, +and copy of the _précis_ and resolution passed at the meeting held in +London, when the above cable was considered. + +This letter conveys to you our opinion as well as that of our friends +in Europe, and we should be most happy to arrange a meeting with you +and any other representatives of the Government to consider and +discuss the points contained therein. + +We beg to assure you once more that we, as well as our European +friends, are most sincerely desirous to arrive at a satisfactory +settlement, securing a peaceful future and promoting the welfare of +the country and the people, and trust that you will regard the +expression of our opinion in that light. + + + We remain, honourable Sir, + Yours obediently, + G. ROULIOT. + H.F.E. PISTORIUS. + E. BIRKENRUTH. + JOHN M. PIERCE. + A. BRAKHAN + +The foregoing embodies our views as well as that of our London +houses. + + (Signed) J.G. HAMILTON. + W. DALRYMPLE. + +The following memorandum--the one referred to in the above +letter--was prepared by well-known Uitlanders whom the Government, +owing to the refusal of the capitalists to deal with the franchise, +had been obliged to select in order to get some pronouncement upon +that question. The little ironies of life have two properties: the +humour for the winner, and the hurt for the worsted. The Uitlanders +had for three years enjoyed a singularly monotonous experience in +ironies, but a turning came in the long lane when it became necessary +for the President to suspend the operation of his three years' ban +on two of the Reformers in order to get their advice upon the +franchise question. + + JOHANNESBURG, S.A.R., + _24th March, 1899._ + +GENTLEMEN, + +In response to the invitation from the Government of the South +African Republic conveyed to us by Mr. E. Lippert, we beg to submit +the enclosed memorandum upon the franchise question. + + Yours faithfully, + J. PERCY FITZPATRICK. + H.C. HULL. + W. DALRYMPLE. + W.A. MARTIN. + THOS. MACKENZIE. + R. STORE. + J.G. HAMILTON. + T.J. BRITTEN. + H.R. SKINNER. + + _To Messrs. G. Rouliot, + E. Birkenruth, + A. Brakhan, + J.M. Pierce, + H.F.E. Pistorius + Johannesburg_. + + +MEMORANDUM _RE_ FRANCHISE. + +After such investigation as the restrictions imposed have permitted, +we are of opinion that it would be quite useless to approach the +Uitlander population with the Government proposal in its present +form, chiefly for the following reasons:-- + +1. No consideration is given to the term of residence already +completed. + +2. The alteration of the franchise law according to lately prescribed +procedure, whereby two-thirds of the burghers must signify approval, +is a practical impossibility,--witness the fact that at the last +Presidential election, surpassing in excitement and interest all +other occasions of general voting, with the three recognized leaders +in the field, and every agency at work to stimulate activity, less +than two-thirds of the burghers on the register recorded their votes. + +3. The present form of oath would be regarded as humiliating and +unnecessary, in support of which view we instance that quite recently +the Volksraad of the Orange Free State rejected upon the same grounds +the proposed introduction of the same oath of allegiance. + +4. The period of disqualification, during which the Uitlander would +have given up his own citizenship by naturalizing and have acquired +nothing in return, would be found most objectionable--especially +with the experience that rights have in the past been legislated away +as they were on the point of maturing. + +5. In view of the unique conditions of this country, extension of the +franchise without some approach to equitable redistribution of +representatives would be regarded as no solution of the question and +might even provoke doubts as to the _bonâ fides_ of the proposal, +which would be a deplorable beginning, yet one easily to be avoided. + +Regard being had to the points raised in paragraphs 1, 2, 3, and 4, +we consider that as restrictive franchise legislation, apparently +designed to exclude for ever the great bulk of the Uitlander +population, dates its beginning from the Session of 1890, and as the +various enactments bearing upon this question have been passed by +successive Volksraads exercising their power to alter, add to, or +revoke, previous enactments, and as the same powers are to the full +enjoyed by the present Volksraad, it would be both possible and +proper for the present Volksraad to annul all the legislation upon +this subject from that date, and to restore and confirm the status +prior to 1890, and thus satisfy the indisputable claims of those who +settled in this country under certain conditions from the benefits of +which they could not properly be excluded. + +With regard to paragraph 5, a moderate proposal designed to give a +more equitable distribution of representatives in the Volksraad would +be necessary. + +The above suggestions are not put forward as the irreducible minimum, +nor are they designed for public use, nor intended as a proposal +acceptable to the eye but impossible in fact, and thus sure of +rejection. They are put forward in good faith as indicating in our +opinion the lines upon which it would be possible to work towards a +settlement with a reasonable prospect of success. + +If the difficulties appear great the more reason there is not to put +forward an unalterable proposal foredoomed to failure, but rather to +try and find points of agreement which, however few and small to +begin with, would surely make for eventual and complete settlement. +In any case it is clear that the mere fact of a proposal to extend +the franchise having been made by the Government, thus frankly +recognizing the need to deal with the subject, will be hailed as a +good omen and a good beginning by all fair-minded men. + +The determination of the negotiators to have the position clearly +stated in writing, and their fear that the use of intermediaries +would end in the usual unhappy and unpleasant result--namely, +repudiation of the intermediary in part or entirely--were not long +wanting justification. The following is a translation of Mr. F.W. +Reitz's reply:-- + + PRETORIA, _8th April, 1899._ + +_Messrs. G. Rouliot, H.F.E. Pistorius, A. Brakhan, E. Birkenruth, +and John M. Pierce, Johannesburg_. + +DEAR SIRS, + +I have the honour to acknowledge receipt of your letter dated 27th +March last, referring to certain proposals to the Government from +representatives of the mining industry. + +In order to understand the natural position it is necessary to state +the facts more extensively than given in your letter. + +It is wrong to say, as you do in the first paragraph of your +communication, that Mr. Lippert came to you with certain proposals +from the Government. + +It appears also from the second paragraph of the same that Mr. +Lippert came to you _suo motu_ with the object, as he informed me +afterwards, to see 'if it was not possible to obtain a better +understanding between the Government on the one side and the mining +industry on the other.' He acted in no wise as the agent of the +Government, or in the name of the Government, to make any proposals +to you, but only as a friendly mediator to see how far unnecessary +differences and misunderstandings could be removed. + +When Mr. Lippert came to Dr. Leyds and myself, and informed us that +you and other gentlemen were agreeable to his mediation, we at once +agreed with his plan, being aware that there was a warm desire and +continued struggle on the part of this Government to remove out of +the way all friction and trouble, and that in this case especially it +was our object to leave no stone unturned to get all differences +settled. We were the more anxious to meet you, because his Honour the +State President had decided to lay before the Volksraad certain +proposals of law, which are of great importance not only for the +people of the Republic, but especially for the mining population and +industry. We gave Mr. Lippert to understand that should the leaders +of the mining industry have no objection to his mediation, we would +not be unwilling to make use of his good services in this matter. + +Mr. Lippert then went to Johannesburg, and returned to us with the +assurance that there was no objection to his acting as mediator, and +gave us some of the subjects on which it appeared to him that it was +possible to arrive at a friendly understanding. + +In consequence of this, and acting on our own initiative, and not as +representatives of the Government, Dr. Leyds, Mr. Smuts, and myself, +met some of your leading men, as set forth in your letter. + +At this meeting we informed you of the intention of the President to +alter certain laws for the general good. Only with reference to the +franchise we gave you no definite proposal, the matter being then +still under consideration. From your side we requested only a more +friendly attitude from the Press, as we were convinced that the +excessive Press campaign carried on by the newspapers, which are +generally considered to be owned by you, or influenced by you, +however much they may forward certain interests, still, in the end, +did infinite harm to the existing interests of all sections of the +population. Through the continual and incessant agitation and +creation of suspicion on the part of the papers, the public mind was +constantly in a state of insecurity, and the fanning of the race +hatred made it impossible for the Government as well as the +legislature to improve the relations between the so-called Uitlanders +and the old population. + +We requested your friendly assistance also in the settlement of the +coolie question, not because we wanted to cause friction between you +and other foreign governments, but only because the policy which +refers to the native and coloured questions is of the utmost +importance to South Africa. + +Mr. Lippert had in his programme the granting of a promise on your +side that you would support the Government in the obtaining of a loan +which the Government may deem necessary, and that you should bind +yourselves in writing to abstain from all political organizations +inimical to the Government. + +These matters we did not discuss, as we considered them unnecessary +and inadvisable. From your side you deemed it necessary, before +answering us, first to receive the instructions of your foreign +principals. Before you could give us the result the President +explained his intentions at Heidelberg, and afterwards at Rustenburg +and Johannesburg. + +Your letter, now under consideration, contains practically a definite +answer to our communication to you. I shall now consider the points +of your answer separately. + +BEWAARPLAATSEN. + +With reference to this matter, we think that the undermining rights +under bewaarplaatsen, machine stands, and water-rights should be +valued on a reasonable basis, independently by the Government, and by +the owner of the surface rights (should there be a difference which +cannot be settled amicably, then the value can be fixed by +arbitration), and that the surface owner shall have the preferent +right to purchase the affected under-mining right at such a +valuation. From your communication I understand that you suggest a +special method of valuation. That is a detail which can be settled +when the valuation is actually commenced, and which experts are +better able to judge over than I am. Therefore I shall say no more on +this subject. + +FINANCIER AND AUDITOR. + +On this subject our opinion was that the auditor should be +independent of the Government, and alone responsible to the Volksraad +to appoint as financier a man of standing, with a seat in the +Executive Council, to advise on all matters affecting finances. + +I am glad to see that you are with us, and that it gives you great +satisfaction. I must express my surprise, however, over your proposal +that previous to the appointment this Government must first get the +approval of Lord Rothschild or any other capitalist. I can only +answer that it is in no wise the intention of the Government to frame +the future financial policy of this State on a capitalistic basis, +and thus your request cannot be agreed to. It is quite possible to +make such an appointment which will carry general approval without +being subjected to such a mutual condition. + +LOAN, PRESS AGITATION, POLITICAL ORGANIZATION. + +With reference to these matters, I have already made it plain to you +that in following the proposals of Mr. Lippert by cabling to your +principals, you acted under a misunderstanding. We requested no +binding declaration from you, only a moral understanding, which would +be easy for you to maintain, if it was in the interests of the +Uitlanders as well as the burghers of the Republic. I regret that the +mistake has arisen, otherwise I cannot see that any objection can +come from your side to approve of the plans of the President. + +DYNAMITE. + +On this question there is a small difference between the proposed +policy of the President and your answer. + +I only wish to add that his Honour goes further than you do, as he +has declared his readiness to expropriate the Dynamite Company, under +agreement with its representatives, as soon as possible. If the +expropriation takes place after the expiration of the present +concession then it will naturally not be on the basis of a going +concern. + +FRANCHISE. + +On this subject I can well understand that you do not wish to take +upon your shoulders the responsibility of speaking and acting for the +whole of the new population. It was more your personal opinions as +men of position that we wished to know. Then again, according to your +assurance at the aforementioned meeting, you do not take any personal +interest in the franchise question, and that you would rather leave +the question to the public; your answer is therefore perfectly fair. +His Honour has therefore already acted in accordance with your idea, +for he has brought the question of the franchise very prominently +before the public, not only at Heidelberg and Rustenburg, but also at +Johannesburg. + +In conclusion, I wish to refer to one matter which has caused me much +pain. It was clearly and distinctly agreed and understood by you all +as well as by us that both sides would treat this matter as +confidential and secret, as discussions of such important matters +cannot be carried on with any results on the tops of houses. What has +happened? On the 28th of March I received your letter, and on the 3rd +of April, whilst I was yet giving it earnest consideration and had +taken all the measures to keep it secret, the contents of the same +appeared in the London _Times_, while some days later your answer +appeared in full in the _Cape Times_, the _Diamond Fields +Advertiser_, and other papers under the influence of the capitalists. +The manner in which these papers favourable to you, or controlled by +you, have dealt with me in this matter has caused me (I admit it with +regret) to doubt for one moment your good faith. Thinking, however, +of the great interest as it were in the balance, and believing, +moreover, that you never for private or party purposes intended to +play with the true and lasting interests of all sections of the +community, I cannot help thinking that the reply has been published +through one of your subordinates, and regret that the publication has +not been immediately repudiated by you publicly as a grave breach of +faith. I would regret it, while there exists so few points of +difference between us, that these things should bar the way through +careless and wrong tactics to a permanent understanding, and trust +that the hand extended to the Industry in absolute good faith will +not be slighted purposely and wilfully. Owing to the publication of +your reply, there exists no further reason for secrecy, and I shall +hand my reply to the press. + + Your obedient servant, + F.W. REITZ, + _State Secretary_. + +The repudiation of Mr. Lippert's "official" character; the contention +that the State Secretary, State Attorney, and Dr. Leyds could divest +themselves of all responsibility in negotiations such as these, and +claim to have been acting in their private capacity only; and the +extraordinary anxiety to keep secret matters which deeply affected +the public, and to the settlement of which the Government designed +that the public should be committed, compelled the negotiators to +produce evidence that the statements and conclusions of the +Government were not warranted by the facts. The following letter, +which was formally acknowledged but never answered, practically +concluded the negotiations:-- + + JOHANNESBURG, S.A.R., _April 14, 1899._ + +_To the Honourable the State Secretary, Pretoria._ + +HONOURABLE SIR,-- + +We have the honour to acknowledge the receipt of your communication +of the 8th April, 1899. + +Certain of our statements being doubted and described as erroneous in +your letter, we deem it advisable to go more fully into the facts +which have preceded and led to this correspondence. + +It may be that communications exchanged through an intermediary have +been transmitted in a manner liable to convey a different impression +from what was actually meant, and in order to clear any possible +misunderstanding, we beg to enclose copies of all documents supplied +to us by Mr. Lippert, whom we, at all times, considered as your +authorized agent. + +From these it will be apparent that during the negotiations we acted +in perfect good faith, communicating and discussing what we justly +considered were the wishes and proposals of the Government, and it +will also be clear to you that every one of our statements is based +on documents which we had every reason to believe were approved of by +the Government. + +On February 27th Mr. Lippert called together Messrs. E. Birkenruth, +A. Brakhan, and G. Rouliot, to whom he stated that a settlement of +certain pending questions could probably be arrived at. He said that +he had ascertained the views of Dr. Leyds, Messrs. Reitz and Smuts, +who had agreed to a certain programme, and he wanted to know whether +we would be willing to open negotiations on that basis, in which case +the three officials mentioned would see the State President and +ascertain whether he would be prepared to adopt their views. + +If the State President's approval could be obtained, Mr. Lippert +suggested that a conference should be held to discuss the subjects +mentioned in his memorandum. + +This memorandum (Annexure 'A'), as explained to us by Mr. Lippert, +enumerates under Clauses 1 to 5 inclusive the points which the +Government expected us to concede, and the other clauses are what the +Government proposed doing in return. + +We were then informed that the programme must be considered as a +whole, and either adopted or rejected as such, no question being +considered separately, and that the matter must be kept absolutely +secret. + +Upon our statement that we personally would be willing to open +negotiations on the basis suggested, Mr. Lippert went to Pretoria and +informed the high officials above-named. + +On March 1st Mr. Lippert informed us that the State President was +viewing the matter favourably, and requested us to acquaint our +friends by cable. + +Our replies having been communicated to Mr. Lippert, a meeting was +arranged on March 9th, as recited in our previous letter, at which, +Mr. Lippert informed us, no new subject outside of those mentioned in +his memorandum could be discussed. + +Messrs. Pistorius and Pierce, being invited by Mr. Lippert to attend +the meeting, were each supplied by him with a list of the questions +to be discussed, forming part of the proposed settlement (Annexure +'B'). + +On March 12th Mr. Lippert communicated to us what he termed the +definite proposals of the Government of the S.A.R., which were duly +cabled to our friends in Europe (a copy of this cable has already +been sent to you). + +He also read to us the declaration, which he suggested we should sign +on behalf of ourselves and our European friends (Annexure 'C'). + +A speedy reply to our cable was asked for, as Mr. Lippert had +informed us that, if any settlement could be arrived at, the +agreement had to be submitted to the Honourable the First Volksraad +before the closing of the extraordinary session which was drawing +near. + +We beg to point out to you that by cabling these proposals to Europe, +we could not possibly conceive that we were acting under a +misconception, as the day on which they were made to us, the 12th of +March, being a Sunday, the Telegraph Office was specially kept +open for the purpose of dispatching the cables, which were duly +received and forwarded upon production of an order from Mr. Lippert. + +In our letter of March 17th to his Honour the State President, +conveying the nature of our friends' reply, we mentioned the fact +that the communication made to us by Mr. Lippert on behalf of the +Government had been fully cabled; we stated that our friends no doubt +based their suggestion to further discuss the whole of the proposals +with Dr. Leyds upon the fact that the Government had stipulated that +they should become parties to the proposed settlement. + +In your reply of March 18th, no exception is taken to these +statements; you tell us, on behalf of his Honour the State President, +'that the exchange of views can best take place direct with the +Government, and here, within the Republic,' pointing out the fact +'that the session of the Volksraad was close at hand, and that +therefore further delay is undesirable.' + +You will thus see that we were perfectly justified in thinking that +the communications made to our European friends, embodied the +proposals of the Government of the South African Republic, were +cabled with the knowledge and approval of the Government, and that +we were requested to sign a declaration on behalf of ourselves and +our friends, which declaration had to be made public. + +Our letter of the 27th March conveyed to you our opinion and that of +our friends, upon the subjects comprised in the programme which was +submitted to us, and it is unnecessary to go over them in detail +again. We beg only to offer a few remarks upon certain points raised +in your letter of 8th April:--Bewaarplaatsen: We suggest a basis for +the valuation of bewaarplaatsen, machine stands, and water-rights, +which in our opinion ought to be adopted, in order to have a uniform +and easy method of valuing these places. + +Financier: Being fully aware of the complexity of financial problems +and questions of taxation in this State, we are anxious that the +financier appointed should be of such a standing as to command the +confidence of all, so that his recommendations cannot raise any +ulterior discussion. For that reason we expressed the opinion that, +before making the appointment, the Government should be guided in its +choice by someone belonging to a firm of well-known independent +standing. We have no desire to see this Government base its future +financial policy on any particular line, in the interest of, or +directed against, any special section of the people. We only wish to +see the financial policy established on sound recognized economic +principles, with fair and equitable taxation calculated according to +the proper requirements of the State. + +Press Agitation--Political Organizations: We have already informed +you, that so far as we know, there has been no organized press +agitation, and that we should be willing at all times to deprecate +the stirring up of strife between nationalities caused by any agency +whatsoever. We consider it desirable to see that feeling more +general, as we are convinced that exaggerated press campaigns +conducted by newspapers generally reported to be influenced by the +Government, and tending to create dissension amongst the various +classes of the community, are calculated to cause an infinite amount +of harm to the vested interests of all sections of the population. + +Dynamite: In your letter of the 8th April, you appear to have lost +sight of the fact that the proposed settlement was submitted to us as +a whole. Mr. Lippert made it clear that, in consideration of the +Government granting the measures enumerated in his memorandum, it was +expected that we should abandon our present contentions, and declare +ourselves satisfied with the settlement proposed by the Government. +Under ordinary circumstances this would be far from meeting our +desires, but we intimated to you that we should be willing to +recommend to the mining industry the adoption of the proposals made +to us on this subject, if by so doing we could promote a permanent +satisfactory solution of all pending questions. + +In conclusion, we beg to refer to the publication of our previous +letter to you. It took place here on the 6th inst., in the afternoon; +we immediately instituted an inquiry, and on the 8th inst., in the +morning, we wrote that we were in a position to assure you that we +could in no way be held responsible for the publication. We never for +a moment doubted your good faith, nor that of the other gentlemen for +whom the letter was meant, but thought that possibly the +communication could have been made through one of your subordinates. +However, not being certain of the fact, we merely repudiated any +responsibility on our part, and regret that you should have publicly +laid the blame on our side, without having communicated with us, +asking for an explanation, if you had any suspicion. + +We beg to assure you that we are as willing as ever to co-operate +with you in arriving at a settlement of all pending differences in +order to secure peace and prosperity in this country, and we shall be +ready at all times to meet and discuss with you, or any other +delegates of the Government, any matter likely to bring about a +speedy and permanent solution of all questions, still bearing in mind +what we mentioned in our previous correspondence, that we are not +qualified to speak on behalf of the whole community. + +As you have informed us that you have no objection to it, we shall +give a copy of this letter to the press. + +We have the honour to be, honourable Sir, + + + Your obedient servants, + G. ROULIOT, + JOHN M. PIERCE, + A. BRAKHAN, + E. BIRKENRUTH. + +(Mr. Pistorius, being absent from town, could not sign this letter.) + + +ANNEXURE 'A' + +MR. E. LIPPERT'S MEMORANDUM. + +1. Cessation of press agitation here and in Europe. + +2. Support on the coolie question. + +3. Settlement of the dynamite question. + +4. Loan (if required). + +5. Severance from the S. A. League. + +6. Appointment of State Financier and State Auditor, of European +reputation, with a seat and vote on the Executive in all questions of +finance. + +7. No new taxation of mines until submitted by Minister of +Finance. + +8. Moderate valuation of bewaarplaatsen. + +9. Burgher rights--five years--property test. + + +ANNEXURE 'B.' + +Cessation of press agitation here and in Europe. + +Support to the Government in its treatment of the coolie +question. + +Settlement of the dynamite question. + +Deprecate the objects of the S.A. League. + +Support the placing of a loan if Government wishes it. + +Appointment of a financial adviser to the Government, of European +reputation, and of an Auditor, both with seats and votes in the +Executive Council on all financial matters. (This has been amended by +the Government, so far as the Auditor is concerned, to retain the +present Auditor, and to give him, _re_ dismissal, the same status as +a Judge, and to make him directly responsible to the Volksraad.) + +No fresh taxation to be levied on the mines until the Financial +Adviser has laid his proposals before the Government. + +Sale of the undermining rights to the holders of surface rights +(bewaarplaatsen, &c.), at a moderate valuation. + +Extension of the franchise by granting burgher rights after ... years +of registration, coupled with a property test. + + +ANNEXURE 'C.' + +DRAFT OF DECLARATION TO FOLLOW PROTOCOL EMBODYING THE RESOLUTIONS +AGREED UPON. + +... Thereupon the subscribed parties from Johannesburg, for +themselves, and for the parties they represent here and in Europe, +declared:-- + +'The passing by the Volksraad of the laws to be submitted by the +Government during this session,-- + +'For the appointment during the present year of a Financial Adviser +to the Government, of European reputation, who shall have a seat and +a vote in the Executive Council on all financial matters. + +'For placing the Auditor-General on the same status _re_ dismissal as +the Judges, and for making him responsible directly to the Volksraad, +it being agreed that until such Financial Adviser has laid his budget +proposals before the Government, no fresh taxation shall be laid upon +the mining industry, nor any other direct taxation. + +'For granting the undermining rights under bewaarplaatsen, machine +stands, and water-rights, to the present holders of the licences, +covering such reserved areas at a moderate valuation; such valuation +to be arrived at in the following manner: The Government to appoint a +valuator, with instructions to value these rights at a fair and +moderate valuation, the holder of the surface licence to appoint a +valuator; if they agree, then the surface licence holder shall have +the first right to the undermining rights at such valuation; if the +two valuators cannot agree about a valuation, they shall appoint +together an umpire; if they cannot agree about an umpire, the Chief +justice of the High Court shall be asked to appoint an umpire; the +decision of such umpire shall be final as to the value of the area +under arbitration. If the holder of the surface licence refuses to +purchase at the said valuation, the Government shall be at liberty to +dispose of it elsewhere. + +'For a permanent settlement of the dynamite question on one or the +other bases following, namely, that the _status quo_ remain in force +till the end of the contract period, the Government making use of its +right to revise the prices under the terms of the agreement or that +the Dynamite Company reduce the price by 5s. to 70s. for No. 1 and to +90s. for blasting gelatine, the Government undertaking to take over +the works of the Dynamite Company at the end of the agreement at a +valuation as provided by the offer now before the Volksraad. + +'For an extension of the franchise to all white aliens in this State, +in the following manner: That naturalization be granted to all +seeking it, who have resided in the State for two years and who are +of good behaviour and who have not suffered any dishonourable +sentence by any Court, upon taking the oath of allegiance as +prescribed by the existing law; upon such naturalization he shall be +entitled to elect a member to the Second Volksraad, and two years +after shall be entitled to be elected as a member of the Second +Volksraad. A period of seven years having elapsed after +naturalization, he shall by virtue of that lapse of time and without +further hindrance obtain full burgher rights, the Government, +however, reserve to themselves the right (in order to secure the +passing of such law through the Volksraad of this and that of the +session of 1900) to extend the period of naturalization for the right +of voting for the election of a President. Children of naturalized +aliens, who attain their majority when their father has obtained full +burgher rights, have _ipso facto_ the same rights as the father. The +Government shall also have the right to attach a moderate property +qualification to the obtaining of these extended franchise rights. It +is understood that by the laws of the State, this extended franchise +can only finally be granted by the Volksraad in session 1900, after +the law has been submitted to the people for twelve months, but that +the period of 9 resp. 7 years shall date from the passing of the +resolution to be passed by the Volksraad now in session. + +will be hailed by us with great satisfaction as removing all +obstacles to a friendly and peaceful development of mutual +understanding and co-operation; it is our wish, and in the interest +of those we represent, that the public in Europe and in South Africa +be made fully aware hereof by means of the press, and that hostile +agitation by means of the press here and elsewhere shall be avoided +in future. + +'We deprecate all attempts that may be made by political agencies to +stir up strife between the different nationalities inhabiting this +State, and shall not be parties to any such organizations. + +'Seeing the many evils springing from indiscriminate immigration of +coloured races, and having been assured that the Government will do +all in its power to facilitate in other ways the supply of labour, we +support the Government in its contention that the regulations +concerning the treatment of "coolies and other coloured races" had +best be left to them as a matter of internal concern. + +'We will support the placing of a State loan recommended by the +Financier in the European markets at reasonable rates, if the +Government should desire us to do so in the common interest. + +'Seeing the great value the Government evidently sets upon a friendly +and permanent settlement of the dynamite question, which has +contributed so much to disturbing the good relations, we declare +ourselves satisfied with the final settlement arrived at. + +'And should, after the passing of the above proposals of law as a +whole by the Volksraad, the Government desire us to give publicity to +this our declaration for the promotion of peace and goodwill, such +publicity as the Government may desire shall be given thereto.' + +While the negotiations were actually in progress, and while the +Imperial Government were awaiting a reply to their dispatch, the +President made two determined attempts to rush the confirmation of +the dynamite monopoly through the Raad. The first proposal was for +the fifteen years' extension, and the second provided for condonation +of all breaches of the concession in the past and for compensation +upon the expiry of the concession. + +The Uitlanders had not failed to perceive that the pit dug for them +might conceivably serve another purpose. They ignored these two +breaches of faith on the part of the President, and pursued the +negotiations; and Mr. Kruger overreached himself. Having failed with +Johannesburg, and having failed in the Raad, he appealed to his +burghers with the scheme of mock reform. His hope was to get such +support in the country that the Volksraad in its May session would +have to spare the monopoly. He did not realize that he would have to +make good the things which he had offered as shams. His greed had +given the opening: his hand had provided the weapon. It is not good +to be too clever; and the luck had turned. + +The publication of the correspondence between the Government and the +capitalists created a profound impression. The series of speeches +delivered by the President in support of his sham reforms only +deepened that impression by providing more and more convincing +evidence as to who the real intriguers and mischief-makers were. To +the Uitlander public one thing became quite clear, and that was that +it was the Government who wished to barter their rights away and the +capitalists--the abused capitalists--who refused to do so. An attempt +was immediately made to hold a large public meeting for the purpose +of endorsing the attitude taken by the negotiators, but the +Government refused permission to hold an open-air meeting. In their +attempt to hold a meeting indoors, the Uitlanders were defeated by +the building being condemned as unsafe. The Government yielded, +however, before the storm of disapproval which followed their +prohibition, and the State Secretary, Mr. Reitz, suggested that the +Uitlanders should hold a series of small indoor meetings in different +localities. The meetings were accordingly held, and they provided +unmistakable evidence of the gravity of the position. By their +numbers, their unanimity, their enthusiasm, and their moderation, +the Uitlanders carried conviction to some and roused the grave +apprehension of others. Among the latter, it is fair to infer, were +President Kruger and his sympathizers in the Free State and Cape +Colony. + +There is one disability the existence of which the advocates of the +Uitlander cause are always painfully conscious of. They know as well +as any of their critics that it is no picture which is all +black--that you get no perspective, no effects, without contrasts! +Yet it has not been believed that they were willing to acknowledge +the good that there was, and that a politic instinct no less than a +sense of justice prompted a diligent effort to discover and make much +of the genuinely hopeful signs. The monotony was none of their +making; it was in the nature of the facts, and not of the recital; +but monotony there was, and it was productive of one very bad result. +The conditions, admittedly bad, came to be regarded by a good many as +being only as bad as they had for a long time been known to be, +leaving little hope except through the long slow influence of time, +but causing no immediate anxiety or alarm. Someday a grubbing +historian may read the back files of South African newspapers and +marvel that such warnings should have passed unheeded, but the fact +is that the Transvaal Government and its sympathizers had become +indifferent to warnings followed by no results and accustomed to +prophecies unfulfilled. To say that they were 'fiddling while Rome +burned' is to a great extent true of those of the South African Dutch +who were sincerely desirous that the Transvaal Government should +reform its ways and who were not consciously aiding in the +republicanizing movement; but even of them it is not an adequate +description,--as the answers given to two questioners by the most +prominent and one of the most prominent Bondsmen indicate. Both of +them had in private conversation on different occasions acknowledged +the soundness of the Uitlander cause. To the suggestion, 'Then why +not say so publicly?' the less important of the two replied, 'People +would only say that I am climbing down and ratting on my party.' And +the more important of the two, answering a similar question, said, +'Yes, the Rev. S.J. Du Toit did that. He was the founder of the +Bond; and to-day he is--nothing! If I did it, I should fall as he +did.' 'Then,' said his British friend, 'what is influence worth if it +cannot be used for good? Can there be said to be influence when it +cannot be used at all?' 'No,' was the reply, 'I have no influence as +against the cry of race: blood is thicker than water; and I have no +influence at all with Kruger.' The answer to this contained the crux +of the question. 'Indeed you have; but you have not the courage to +exercise it. The influence of advice has failed, dare you try the +influence of repudiation?' The answer was a shake of the head and +'Blood is thicker than water.' That is it! The Piper pipes and the +children follow. + +It is too much to believe that the conference between the High +Commissioner and President Kruger was a suggestion to which the +latter had to be won over either by President Steyn or Mr. Hofmeyr. +It is, indeed, well-known that the idea of a meeting for the purpose +of discussing matters at issue between the two Governments had been +considered in Pretoria for some months before it actually took +place.{51} + +The news that, upon the invitation of President Steyn, the High +Commissioner and President Kruger had agreed to meet at Bloemfontein, +was received by the Uitlanders with relief; not hope, because it was +believed that the President's object was to get something, not to +give something; but sheer relief, because, come what might, the +position could never again be the same as it was before the +conference. Something must change; someone must yield; the unbearable +strain must cease. Sir Alfred Milner--wise and just and +strong--commanded the entire confidence of the Uitlanders. It was not +hoped that he would succeed in effecting a settlement at such a +meeting, because in the circumstances such an achievement was +believed not to be humanly possible; but it was not feared that he +would fail in his duty to his country and to his trust. + +It is no part of the object of this volume to deal with the +negotiations which took place at Bloemfontein or with the terms of +settlement at the present moment under discussion; the object is to +recite the circumstances and conditions which made these negotiations +necessary, and which, if they fail, must lead to bloodshed. + +With a barrier of insurmountable race feeling before them, the +Uitlanders are hopeless of effecting a peaceful redress of their +grievances except by the aid of the Suzerain power. The President and +his party will not yield one iota except upon the advice of those who +have the will and the power to see that that advice is followed. Such +power rests in two quarters. It rests with the progressive Dutch of +South Africa. They have the power, but unfortunately they have not as +yet the will or they have not the courage to use it. Time after time +have they been stultified by rallying to the cry of race and +defending Mr. Kruger's attitude on certain points, only to find the +President abandoning as untenable the position which they have +proclaimed to be proper. To them have been addressed most earnest and +most solemn appeals to be up and doing whilst there was yet time. +From them have been extracted--in times of peace--the amplest +admissions of the justice of the Uitlander case. But there is a point +beyond which they will not go. They will not say to the President and +his party: 'We cannot extol in you what we would condemn in +ourselves. The claim of kindred cannot for ever be the stalking-horse +for injustice.' That they cannot do; and thus are they bonded to the +one who will raise the race cry without scruple. There is no more +hopeless feature for the peaceful settlement of the Transvaal +question from within than the unanimity which marks the public +utterances of those who are claimed as representing Afrikander +sentiment in the present crisis. Those expressions, ranging from the +most violent denunciations by politicians and ministers of the gospel +down to the most illogical and hysterical appeals of public writers, +all, all are directed against the injured. Not a warning, not a +hint--not a prayer even--addressed to the offender. They have not the +sense of justice to see or they have not the courage to denounce the +perpetrators of evil, but direct all their efforts to hushing the +complaints of the victims. Truly it would almost appear that there +is some guiding principle running through it all; something which +recognizes the real sinner in the victim who complains and not in +the villain who perpetrates; the something which found a concrete +expression when bail was fixed at Ł200 for the murder of a British +subject and at Ł1,000 for the crime of objecting to it. + +No civilized body of men ever had more just cause for complaint than +the Uitlanders of the Transvaal have, but they carry on their reform +movement under very difficult and discouraging conditions. Those who +have petitioned their Sovereign to secure for them some amelioration +of their lot are branded by the head of the State as rebels for so +doing, and his example is followed by all his party. Those men who +organized or addressed the public meetings which were suggested by +Mr. Reitz, the State Secretary, and held for the purpose of +discussing a proposal publicly made by the Government, are the men +whom Messrs. Dieperink and Viljoen, the members representing +Johannesburg in the First and Second Volksraads, denounced as +traitors who should be summarily dealt with by the Government. +British subjects associated with the Uitlander cause who venture to +call upon the British Agent in Pretoria or the High Commissioner in +Cape Town are regarded as conspirators and are watched by spies and +all their movements are reported to the Transvaal Government.{52} The +recognized leaders among the Uitlanders are black-listed in the Dutch +press, their names, addresses, and occupations given so that they may +be identified,--marked down in the newspapers supported by the +Government--as men to be dragged out and shot without trial. +Uitlander newspapers have been suppressed for mere political reasons, +without even the allegation that there was incitement to violence or +disorder, and it is therefore not unreasonable that the impunity +with which the Dutch newspapers continue this campaign month after +month should be taken as the measure of the Government's complicity. + +It is in these circumstances that appeal has been made to England, +the only other quarter in which there rests the power to see that +justice shall be done. It is an appeal which might well be based upon +the broad and acknowledged right of a subject to claim in case of +injustice the good offices of his own Government. But here it is +based upon a special right. It is the _spirit_{53} of the Pretoria +Convention which the Uitlander has invoked for many years, only to be +told that the spirit is as it may be interpreted from the letter. But +it is not so! Will it be suggested that the British Government +contemplated such license when they granted the charter of +self-government to the Transvaal or that they would have granted +it had they foreseen the interpretation? Can it be said that Mr. +Kruger and his colleagues contemplated it or would have dared to avow +the intention if it were ever entertained? No! And he will be a +bolder man than Mr. Kruger who will dispute that answer; for the +President's own defence is, not that he had the intention or has the +right to differentiate between races and between classes; but--that +he does not differentiate. So that the issue is narrowed to this, +that it is merely a question of fact! + +But the appeal of British subjects in the Transvaal will claim a +hearing for other reasons too! Only the blindest can fail to realize +how much is at stake, materially and morally, or can fail to see what +is the real issue, and how the Mother Country stands on trial before +all her children, who are the Empire. Only those who do not count +will refuse to face the responsibility in all seriousness, or will +fail to receive in the best spirit the timely reminder of past +neglect. If the reproaching truth be a hard thing to hear, it is, for +those whose every impulse jumps towards championing the great Home +Land, a far, far harder thing to say. Unpleasant it may be, but not +without good, that England's record in South Africa--of subjects +abandoned and of rights ignored, of duty neglected and of pledge +unkept, of lost prestige and slipping Empire--should speak to quicken +a memory and rouse the native sense of right, so that a nation's +conscience will say 'Be just before you are generous! Be just to +all--even to your own!' + + +Footnotes for Chapter XI + +{49} It is stated that President Kruger, ever since the signing of +the London Convention on Majuba Day--February 27--1884, has believed +in certain lucky days, and has a kind of superstitious regard for +anniversaries. If that be so, the incidence of events has given him +something to ponder over during the last three years. Three notable +schemes conceived by himself and carefully designed to strengthen his +position, have by a curious coincidence matured upon dates of certain +interest in Transvaal history. All three have failed disastrously. +The first anniversary of the Reformers' sentence day was the occasion +of the Reformers giving evidence before the Industrial Commission, +which so strongly justified their case. The Peace Negotiations with +the Capitalists were opened by Mr. Lippert upon the anniversary of +Majuba. The Bloemfontein Conference was opened upon the Reformers' +emancipation day, the expiry of the three years' silence. That his +Honour really attaches importance to these things was shown when over +two hundred ministers representing the Dutch Reformed Church in the +Transvaal met in Pretoria to urge upon him the suppression of the +Illicit Liquor trade. In all innocence they had chosen May 24 on +which to present their address. Their astonishment was great when Mr. +Kruger, passing lightly by the liquor question, gave the assembled +pastors a thorough wigging for finding fault with his administration +at all, but chiefly for their unpatriotic conduct in selecting the +Queen's birthday of all days on which to expose internal differences +in their country. + +{50} In addressing a meeting of burghers in Heidelburg three months +later the President showed to what lengths he was prepared to go in +defending the monopoly when in reply to a question he denied that any +such offer had been received '_by the Executive.'_ The explanation, +which he did not give, is that the _Government, i.e.,_ the President +and State Secretary, had received it--and withheld it from the +Executive! + +{51} In March the writer made the suggestion to a representative of +the Pretoria Government in the hope of getting rid by a 'square talk' +of the many and ever-increasing differences, and was informed that +the idea had often been discussed and as often abandoned, because it +contained the objectionable feature of establishing a precedent for +England's interference in internal affairs. + +{52} When on a visit to Cape Town in April, the writer called +several times upon the High Commissioner, and learning by private +advice that his movements were being reported in detail through the +Secret Service Department, he informed Sir Alfred Milner of the fact. +Sir Alfred admitted that the idea of secret agents in British +territory and spies round or in Government House was not pleasant, +but expressed the hope that such things should not deter those who +wished to call on him, as he was there as the representative of her +Majesty for the benefit of British subjects and very desirous of +ascertaining for himself the facts of the case. + +{53} Since this was written, Mr. Chamberlain, speaking in the House +of Commons on July 28, 1899, has thus disposed of the question:-- + +'It has been broken in the spirit more than it has been broken in the +letter. The whole spirit of the convention is the preservation of +equality as between all the white inhabitants of the Transvaal, and +the whole policy of the Transvaal has been to promote a position of +inferiority on the part of certain classes. There is something even +more striking than that. The conventions were, of course, the result +of a previous conference. At that conference definite promises were +made which made it impossible to doubt with what object the +convention was signed. On May 10, 1881, at a conference between +representatives of her Majesty and representatives of the Transvaal +the President, Sir Hercules Robinson, asked this question:-- + +'"Before annexation had British subjects complete freedom of trade +throughout the Transvaal? Were they on the same footing as citizens +of the Transvaal? + +'"Mr. Kruger replied: They were on the same footing as the burghers. +There was not the slightest difference in accordance with the Sand +River Convention. + +'"Sir Hercules Robinson: I presume you will not object to that +continuing? + +'"Mr. Kruger: No. There will be equal protection for everybody. + +'"Sir Evelyn Wood: And equal privileges. + +'"Mr. Kruger: We make no difference so far as burgher rights are +concerned. There may, perhaps, be some slight difference in the case +of a young person who has just come into the country." + +(Cheers.) 'Now, there is a distinct promise given by the man who is +now President of the Transvaal State that, so far as burgher rights +were concerned, they made and would make no difference whatever +between burghers and those who came in. The root of the difficulty +which I have been describing lies in the fact that this promise has +not been kept.' + + + + + +APPENDICES. + + + + +APPENDIX A. + +PRETORIA CONVENTION. + +CONVENTION FOR THE SETTLEMENT OF THE TRANSVAAL TERRITORY. + + _August, 1881._ + +PREAMBLE. + +Her Majesty's Commissioners for the Settlement of the Transvaal +territory, duly appointed as such by a Commission passed under the +Royal Sign Manual and Signet, bearing date the 5th of April, 1881, do +hereby undertake and guarantee on behalf of Her Majesty that, from +and after the 8th day of August, 1881, complete self-government, +subject to the suzerainty of Her Majesty, her heirs and successors, +will be accorded to the inhabitants of the Transvaal territory, upon +the following terms and conditions, and subject to the following +reservations and limitations:-- + +ARTICLE I. + +The said territory, to be hereinafter called the Transvaal State, +will embrace the land lying between the following boundaries, to wit: +[here follow three pages in print defining boundaries.] + +ARTICLE II. + +Her Majesty reserves to herself, her heirs and successors, (_a_) the +right from time to time to appoint a British Resident in and for the +said State, with such duties and functions as are hereinafter +defined; (_b_) the right to move troops through the said State in +time of war, or in case of the apprehension of immediate war between +the Suzerain Power and any Foreign State or Native tribe in South +Africa; and (_c_) the control of the external relations of the said +State, including the conclusion of treaties and the conduct of +diplomatic intercourse with Foreign Powers, such intercourse to be +carried on through Her Majesty's diplomatic and consular officers +abroad. + +ARTICLE III. + +Until altered by the Volksraad, or other competent authority, all +laws, whether passed before or after the annexation of the Transvaal +territory to Her Majesty's dominions, shall, except in so far as they +are inconsistent with or repugnant to the provisions of this +Convention, be and remain in force in the said State in so far as +they shall be applicable thereto, provided that no future +enactment especially affecting the interest of natives shall have +any force or effect in the said State, without the consent of Her +Majesty, her heirs and successors, first had and obtained and +signified to the Government of the said State through the British +Resident, provided further that in no case will the repeal or +amendment of any laws enacted since the annexation have a +retrospective effect, so as to invalidate any acts done or +liabilities incurred by virtue of such laws. + +ARTICLE IV. + +On the 8th day of August, 1881, the Government of the said State, +together with all rights and obligations thereto appertaining, and +all State property taken over at the time of annexation, save and +except munitions of war, will be handed over to Messrs. Stephanus +Johannes Paulus Kruger, Martinus Wessel Pretorius, and Petrus Jacobus +Joubert, or the survivor or survivors of them, who will forthwith +cause a Volksraad to be elected and convened, and the Volksraad, thus +elected and convened, will decide as to the further administration of +the Government of the said State. + +ARTICLE V. + +All sentences passed upon persons who may be convicted of offences +contrary to the rules of civilized warfare committed during the +recent hostilities will be duly carried out, and no alteration or +mitigation of such sentences will be made or allowed by the +Government of the Transvaal State without Her Majesty's consent +conveyed through the British Resident. In case there shall be any +prisoners in any of the gaols of the Transvaal State whose respective +sentences of imprisonment have been remitted in part by Her Majesty's +Administrator or other officer administering the Government, such +remission will be recognized and acted upon by the future Government +of the said State. + +ARTICLE VI. + +Her Majesty's Government will make due compensation for all losses or +damage sustained by reason of such acts as are in the 8th Article +hereinafter specified, which may have been committed by Her Majesty's +forces during the recent hostilities, except for such losses or +damage as may already have been compensated for, and the Government +of the Transvaal State will make due compensation for all losses or +damage sustained by reason of such acts as are in the 8th Article +hereinafter specified which may have been committed by the people who +were in arms against Her Majesty during the recent hostilities, +except for such losses or damages as may already have been +compensated for. + +ARTICLE VII. + +The decision of all claims for compensation, as in the last preceding +Article mentioned, will be referred to a Sub-Commission, consisting +of the Honourable George Hudson, the Honourable Jacobus Petrus de +Wet, and the Honourable John Gilbert Kotzé. In case one or more of +such Sub-Commissioners shall be unable or unwilling to act, the +remaining Sub-Commissioner or Sub-Commissioners will, after +consultation with the Government of the Transvaal State, submit for +the approval of Her Majesty's High Commissioners the names of one or +more persons to be appointed by them to fill the place or places thus +vacated. The decision of the said Sub-Commissioners, or of a majority +of them, will be final. The said Sub-Commissioners will enter upon +and perform their duties with all convenient speed. They will, before +taking evidence or ordering evidence to be taken in respect of any +claim, decide whether such claim can be entertained at all under the +rules laid down in the next succeeding Article. In regard to claims +which can be so entertained, the Sub-Commissioners will in the first +instance afford every facility for an amicable arrangement as to the +amount payable in respect of any claim, and only in cases in which +there is no reasonable ground for believing that an immediate +amicable arrangement can be arrived at will they take evidence or +order evidence to be taken. For the purpose of taking evidence and +reporting thereon, the Sub-Commissioners may appoint Deputies, who +will, without delay, submit records of the evidence and their reports +to the Sub-Commissioners. The Sub-Commissioners will arrange their +sittings and the sittings of their Deputies in such a manner as to +afford the earliest convenience to the parties concerned and their +witnesses. In no case will costs be allowed to either side other than +the actual and reasonable expenses of witnesses whose evidence is +certified by the Sub-Commissioners to have been necessary. Interest +will not run on the amount of any claim, except as is hereinafter +provided for. The said Sub-Commissioners will forthwith, after +deciding upon any claim, announce their decision to the Government +against which the award is made and to the claimant. The amount of +remuneration payable to the Sub-Commissioners and their Deputies will +be determined by the High Commissioners. After all the claims have +been decided upon, the British Government and the Government of +the Transvaal State will pay proportionate shares of the said +remuneration and of the expenses of the Sub-Commissioners and their +Deputies, according to the amount awarded against them respectively. + +ARTICLE VIII. + +For the purpose of distinguishing claims to be accepted from those to +be rejected, the Sub-Commissioners will be guided by the following +rules, viz.:--Compensation will be allowed for losses or damage +sustained by reason of the following acts committed during the recent +hostilities, viz.: _(a)_ commandeering, seizure, confiscation, or +destruction of property, or damage done to property; _(b)_ violence +done or threats used by persons in arms. In regard to acts under +_(a)_, compensation will be allowed for direct losses only. In regard +to acts falling under _(b)_, compensation will be allowed for actual +losses of property, or actual injury to the same proved to have been +caused by its enforced abandonment. No claims for indirect losses, +except such as are in this Article especially provided for, will be +entertained. No claims which have been handed in to the Secretary of +the Royal Commission after the 1st day of July, 1881, will be +entertained, unless the Sub-Commissioners shall be satisfied that +the delay was reasonable. When claims for loss of property are +considered, the Sub-Commissioners will require distinct proof of the +existence of the property, and that it neither has reverted nor will +revert to the claimant. + +ARTICLE IX. + +The Government of the Transvaal State will pay and satisfy the amount +of every claim awarded against it within one month after the +Sub-Commissioners shall have notified their decision to the said +Government, and in default of such payment the said Government will +pay interest at the rate of six per cent, per annum from the date of +such default; but Her Majesty's Government may at any time before +such payment pay the amount, with interest, if any, to the claimant +in satisfaction of his claim, and may add the sum thus paid to any +debt which may be due by the Transvaal State to Her Majesty's +Government, as hereinafter provided for. + +ARTICLE X. + +The Transvaal State will be liable for the balance of the debts for +which the South African Republic was liable at the date of +annexation, to wit, the sum of Ł48,000 in respect of the Cape +Commercial Bank Loan, and Ł85,667 in respect of the Railway Loan, +together with the amount due on 8th August, 1881, on account of the +Orphan Chamber Debt, which now stands at Ł22,200, which debts will be +a first charge upon the revenues of the State. The Transvaal State +will, moreover, be liable for the lawful expenditure lawfully +incurred for the necessary expenses of the Province since the +annexation, to wit, the sum of Ł265,000, which debt, together with +such debts as may be incurred by virtue of the 9th Article, will be a +second charge upon the revenues of the State. + +ARTICLE XI. + +The debts due as aforesaid by the Transvaal State to Her Majesty's +Government will bear interest at the rate of three and a half per +cent., and any portion of such debt which may remain unpaid at the +expiration of twelve months from the 8th August, 1881, shall be +repayable by a payment for interest and sinking fund of six pounds +and nine pence per cent, per annum, which will extinguish the debt in +twenty-live years. The said payment of six pounds and nine pence per +Ł100 shall be payable half yearly in British currency on the 8th +February and 8th August in each year. Provided always that the +Transvaal State shall pay in reduction of the said debt the sum of +Ł100,000 within twelve months of the 8th August, 1881, and shall be +at liberty at the close of any half-year to pay off the whole or any +portion of the outstanding debt. + +ARTICLE XII. + +All persons holding property in the said State on the 8th day of +August, 1881, will continue after the said date to enjoy the rights +of property which they have enjoyed since the annexation. No person +who has remained loyal to Her Majesty during the recent hostilities +shall suffer any molestation by reason of his loyalty, or be liable +to any criminal prosecution or civil action for any part taken in +connection with such hostilities, and all such persons will have full +liberty to reside in the country, with enjoyment of all civil rights, +and protection for their persons and property. + +ARTICLE XIII. + +Natives will be allowed to acquire land, but the grant or transfer of +such land will, in every case, be made to and registered in the name +of the Native Location Commission, hereinafter mentioned, in trust +for such natives. + +ARTICLE XIV. + +Natives will be allowed to move as freely within the country as may +be consistent with the requirements of public order, and to leave it +for the purpose of seeking employment elsewhere or for other lawful +purposes, subject always to the pass laws of the said State, as +amended by the Legislature of the Province, or as may hereafter be +enacted under the provisions of the Third Article of this Convention. + +ARTICLE XV. + +There will continue to be complete freedom of religion and protection +from molestation for all denominations, provided the same be not +inconsistent with morality and good order, and no disability shall +attach to any person in regard to rights of property by reason of the +religious opinions which he holds. + +ARTICLE XVI. + +The provisions of the Fourth Article of the Sand River Convention are +hereby reaffirmed, and no slavery or apprenticeship partaking of +slavery will be tolerated by the Government of the said State. + +ARTICLE XVII. + +The British Resident will receive from the Government of the +Transvaal State such assistance and support as can by law be given to +him for the due discharge of his functions; he will also receive +every assistance for the proper care and preservation of the graves +of such of Her Majesty's forces as have died in the Transvaal, and if +need be for the expropriation of land for the purpose. + +ARTICLE XVIII. + +The following will be the duties and functions of the British +Resident: + +_Sub-section_ 1.--He will perform duties and functions analogous to +those discharged by a Chargé d'Affaires and Consul-General. + +_Sub-section_ 2.--In regard to natives within the Transvaal State, he +will (_a_) report to the High Commissioner, as representative of the +Suzerain, as to the working and observance of the provisions of this +Convention; (_b_) report to the Transvaal authorities any cases of +ill-treatment of natives or attempts to incite natives to rebellion +that may come to his knowledge; (_c_) use his influence with the +natives in favour of law and order; and (_d_) generally perform such +other duties as are by this Convention entrusted to him, and take +such steps for the protection of the person and property of natives +as are consistent with the laws of the land. + +_Sub-section_ 3.--In regard to natives not residing in the Transvaal, + (_a_) he will report to the High Commissioner and the Transvaal +Government any encroachments reported to him as having been made by +Transvaal residents upon the land of such natives, and in case of +disagreement between the Transvaal Government and the British +Resident as to whether an encroachment had been made, the decision of +the Suzerain will be final (_b_) the British Resident will be the +medium of communication with native chiefs outside the Transvaal, +and, subject to the approval of the High Commissioner, as +representing the Suzerain, he will control the conclusion of treaties +with them; and (_c_) he will arbitrate upon every dispute between +Transvaal residents and natives outside the Transvaal (us to acts +committed beyond the boundaries of the Transvaal) which may be +referred to him by the parties interested. + +_Sub-section_ 4.--In regard to communications with foreign Powers, +the Transvaal Government will correspond with Her Majesty's +Government through the British Resident and the High Commissioner. + +ARTICLE XIX. + +The Government of the Transvaal State will strictly adhere to the +boundaries defined in the First Article of this Convention, and will +do its utmost to prevent any of its inhabitants from making any +encroachment upon lands beyond the said State. The Royal Commission +will forthwith appoint a person who will beacon off the boundary line +between Ramatlabama and the point where such line first touches +Griqualand West boundary, midway between the Vaal and Hart rivers; +the person so appointed will be instructed to make an arrangement +between the owners of the farms Grootfontein and Valleifontein on the +one hand, and the Barolong authorities on the other, by which a fair +share of the water supply of the said farms shall be allowed to flow +undisturbed to the said Barolongs. + +ARTICLE XX. + +All grants or titles issued at any time by the Transvaal Government +in respect of land outside the boundary of Transvaal State, as +defined, Article I., shall be considered invalid and of no effect, +except in so far as any such grant or title relates to land that +falls within the boundary of the Transvaal State, and all persons +holding any such grant so considered invalid and of no effect will +receive from the Government of the Transvaal State such compensation +either in land or in money as the Volksraad shall determine. In all +cases in which any native chiefs or other authorities outside the +said boundaries have received any adequate consideration from the +Government of the former South African Republic for land excluded +from the Transvaal by the First Article of this Convention, or where +permanent improvements have been made on the land, the British +Resident will, subject to the approval of the High Commissioner, use +his influence to recover from the native authorities fair +compensation for the loss of the land thus excluded, and of the +permanent improvement thereon. + +ARTICLE XXI. + +Forthwith, after the taking effect of this Convention, a Native +Location Commission will be constituted, consisting of the President, +or in his absence the Vice-President of the State, or some one +deputed by him, the Resident, or some one deputed by him, and a third +person to be agreed upon by the President or the Vice-President, as +the case may be, and the Resident, and such Commission will be a +standing body for the performance of the duties hereinafter +mentioned. + +ARTICLE XXII. + +The Native Location Commission will reserve to the native tribes of +the State such locations as they may be fairly and equitably entitled +to, due regard being had to the actual occupation of such tribes. The +Native Location Commission will clearly define the boundaries of such +locations, and for that purpose will, in every instance, first of all +ascertain the wishes of the parties interested in such land. In case +land already granted in individual titles shall be required for the +purpose of any location, the owners will receive such compensation +either in other land or in money as the Volksraad shall determine. +After the boundaries of any location have been fixed, no fresh grant +of land within such location will be made, nor will the boundaries be +altered without the consent of the Location Commission. No fresh +grants of land will be made in the districts of Waterberg, +Zoutpansberg, and Lydenburg until the locations in the said districts +respectively shall have been defined by the said Commission. + +ARTICLE XXIII. + +If not released before the taking effect of this Convention, +Sikukuni, and those of his followers who have been imprisoned with +him, will be forthwith released, and the boundaries of his location +will be defined by the Native Location Commission in the manner +indicated in the last preceding Article. + +ARTICLE XXIV. + +The independence of the Swazies within the boundary line of +Swaziland, as indicated in the First Article of this Convention, will +be fully recognized. + +ARTICLE XXV. + +No other or higher duties will be imposed on the importation into the +Transvaal State of any article the produce or manufacture of the +dominions and possessions of Her Majesty, from whatever place +arriving, than are or may be payable on the like article the produce +or manufacture of any other country, nor will any prohibition be +maintained or imposed on the importation of any article the produce +or manufacture of the dominions and possessions of Her Majesty, which +shall not equally extend to the importation of the like articles +being the produce or manufacture of any other country. + +ARTICLE XXVI. + +All persons other than natives conforming themselves to the laws of +the Transvaal State (_a_) will have full liberty with their families +to enter, travel, or reside in any part of the Transvaal State; (_b_) +they will be entitled to hire or possess houses, manufactures, +warehouses, shops, and premises; (_c_) they may carry on their +commerce either in person or by any agents whom they may think to +employ; (_d_) they will not be subject in respect of their persons or +property, or in respect of their commerce or industry to any taxes, +whether general or local, other than those which are or may be +imposed upon Transvaal citizens. + +ARTICLE XXVII. + +All inhabitants of the Transvaal shall have free access to the Courts +of Justice for the protection and defence of their rights. + +ARTICLE XXVIII. + +All persons other than natives who established their domicile in the +Transvaal between the 12th day of April, 1877, and the date when this +Convention comes into effect, and who shall within twelve months +after such last-mentioned date have their names registered by the +British Resident, shall be exempt from all compulsory military +service whatever. The Resident shall notify such registration to the +Government of the Transvaal State. + +ARTICLE XXIX. + +Provision shall hereafter be made by a separate instrument for the +mutual extradition of criminals, and also for the surrender of +deserters from Her Majesty's forces. + +ARTICLE XXX. + +All debts contracted since the annexation will be payable in the same +currency in which they may have been contracted; all uncancelled +postage and other revenue stamps issued by the Government since the +annexation will remain valid, and will be accepted at their present +value by the future Government of the State; all licenses duly issued +since the annexation will remain in force during the period for which +they may have been issued. + +ARTICLE XXXI. + +No grants of land which may have been made, and no transfer of +mortgage which may have been passed since the annexation, will be +invalidated by reason merely of their having been made or passed +since that date. All transfers to the British Secretary for Native +Affairs in trust for natives will remain in force, the Native +Location Commission taking the place of such Secretary for Native +Affairs. + +ARTICLE XXXII. + +This Convention will be ratified by a newly-elected Volksraad within +the period of three months after its execution, and in default of +such ratification this Convention shall be null and void. + +ARTICLE XXXIII. + +Forthwith, after the ratification of this Convention, as in the last +preceding Article mentioned, all British troops in Transvaal +territory will leave the same, and the mutual delivery of munitions +of war will be carried out. Articles end. Here will follow signatures +of Royal Commissioners, then the following to precede signatures of +triumvirate. + +We, the undersigned, Stephanus Johannes Paulus Kruger, Martinus +Wessel Pretorius, and Petrus Jacobus Joubert, as representatives of +the Transvaal Burghers, do hereby agree to all the above conditions, +reservations, and limitations under which self-government has been +restored to the inhabitants of the Transvaal territory, subject to +the suzerainty of Her Majesty, her heirs and successors, and we agree +to accept the Government of the said territory, with all rights and +obligations thereto appertaining, on the 8th day of August; and we +promise and undertake that this Convention shall be ratified by a +newly-elected Volksraad of the Transvaal State within three months +from this date. + + + + +APPENDIX B. + +LONDON CONVENTION. + +A CONVENTION BETWEEN HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF +GREAT BRITAIN AND IRELAND AND THE SOUTH AFRICAN REPUBLIC. + +_February, 1884._ + +Whereas the Government of the Transvaal State, through its Delegates, +consisting of Stephanus Johannes Paulus Kruger, President of the said +State, Stephanus Jacobus Du Toit, Superintendent of Education, and +Nicholas Jacobus Smit, a member of the Volksraad, have represented +that the Convention signed at Pretoria on the 3rd day of August, +1881, and ratified by the Volksraad of the said State on the 25th +October, 1881, contains certain provisions which are inconvenient, +and imposes burdens and obligations from which the said State is +desirous to be relieved, and that the south-western boundaries fixed +by the said Convention should be amended, with a view to promote the +peace and good order of the said State, and of the countries adjacent +thereto; and whereas Her Majesty the Queen of the United Kingdom of +Great Britain and Ireland, has been pleased to take the said +representations into consideration: Now, therefore, Her Majesty has +been pleased to direct, and it is hereby declared, that the following +articles of a new Convention, signed on behalf of Her Majesty by Her +Majesty's High Commissioner in South Africa, the Right Honourable Sir +Hercules George Robert Robinson, Knight Grand Cross of the Most +Distinguished Order of St. Michael and St. George, Governor of the +Colony of the Cape of Good Hope, and on behalf of the Transvaal State +(which shall hereinafter be called the South African Republic) by the +above-named Delegates, Stephanus Johannes Paulus Kruger, Stephanus +Jacobus Du Toit, and Nicholas Jacobus Smit, shall, when ratified by +the Volksraad of the South African Republic, be substituted for the +articles embodied in the Convention of 3rd August, 1881; which +latter, pending such ratification, shall continue in full force and +effect. + +ARTICLES. + +ARTICLE I. + +The Territory of the South African Republic will embrace the land +lying between the following boundaries, to wit: + +Beginning from the point where the north-eastern boundary line of +Griqualand West meets the Vaal River, up the course of the Vaal River +to the point of junction with it of the Klip River; thence up the +course of the Klip River to the point of junction with it of the +stream called Gansvlei; thence up the Gansvlei stream to its source +in the Drakensberg; thence to a beacon in the boundary of Natal, +situated immediately opposite and close to the source of the Gansvlei +stream; thence in a north-easterly direction along the ridge of the +Drakensberg, dividing the waters flowing into the Gansvlei stream +from the waters flowing into the sources of the Buffalo, to a beacon +on a point where this mountain ceases to be a continuous chain; +thence to a beacon on a plain to the north-east of the last described +beacon; thence to the nearest source of a small stream called +'Division Stream'; thence down this division stream, which forms the +southern boundary of the farm Sandfontein, the property of Messrs. +Meek, to its junction with the Coldstream; thence down the Coldstream +to its junction with the Buffalo or Umzinyati River; thence down the +course of the Buffalo River to the junction with it of the Blood +River; thence up the course of the Blood River to the junction +with it of Lyn Spruit or Dudusi; thence up the Dudusi to its +source; thence 80 yards to Bea. I., situated on a spur of the +N'Qaba-Ka-hawana Mountains; thence 80 yards to the N'Sonto River; +thence down the N'Sonto River to its junction with the White Umvulozi +River; thence up the White Umvulozi River to a white rock where it +rises; thence 800 yards to Kambula Hill (Bea. II.); thence to the +source of the Pemvana River, where the road from Kambula Camp to +Burgers' Lager crosses; thence down the Pemvana River to its junction +with the Bivana River; thence down the Bivana River to its junction +with the Pongolo River; thence down the Pongolo River to where it +passes through the Libombo Range; thence along the summits of the +Libombo Range to the northern point of the N'Yawos Hill in that range +(Bea. XVI); thence to the northern peak of the Inkwakweni Hills +(Bea. XV.); thence to Sefunda, a rocky knoll detached from and to the +north-east end of the White Koppies, and to the south of the Musana +River (Bea. XIX.); thence to a point on the slope near the crest of +Matanjeni, which is the name given to the south-eastern portion +of the Mahamba Hills (Bea. XIII.); thence to the N'gwangwana, a +double-pointed hill (one point is bare, the other wooded, the beacon +being on the former) on the left bank of the Assegai River and +upstream of the Dadusa Spruit (Bea. XII.); thence to the southern +point of Bendita, a rocky knoll in a plain between the Little Hlozane +and Assegai Rivers (Bea. XI.); thence to the highest point of Suluka +Hill, round the eastern slopes of which flows the Little Hlozane, +also called Ludaka or Mudspruit (Bea. X.); thence to the beacon known +as 'Viljoen's,' or N'Duko Hill; thence to a point north-east of Derby +House, known as Magwazidili's Beacon; thence to the Igaba, a small +knoll on the Ungwempisi River, also called 'Joubert's Beacon,' and +known to the natives as 'Piet's Beacon' (Bea. IX.); thence to the +highest point of the N'Dhlovudwalili or Houtbosch, a hill on the +northern bank of the Umqwempisi River (Bea. VIII.); thence to a +beacon on the only flat-topped rock, about 10 feet high and about 30 +yards in circumference at its base, situated on the south side of the +Lamsamane range of hills, and overlooking the valley of the great +Usuto River; this rock being 45 yards north of the road from Camden +and Lake Banagher to the forests on the Usuto River (sometimes +called Sandhlanas Beacon) (Bea. VII.); thence to the Gulungwana +or Ibubulundi, four smooth bare hills, the highest in that +neighbourhood, situated to the south of the Umtuli River (Bea. VI.), +thence to a flat-topped rock, 8 feet high, on the crest of the +Busuku, a low rocky range south-west of the Impulazi River (Bea. +V.); thence to a low bare hill on the north-east of, and overlooking +the Impulazi River, to the south of it being a tributary of the +Impulazi, with a considerable waterfall, and the road from the river +passing 200 yards to the north-west of the beacon (Bea. IV.); thence +to the highest point of the Mapumula range, the water-shed of the +Little Usuto River on the north, and the Umpulazi River on the south, +the hill, the top of which is a bare rock, falling abruptly towards +the Little Usuto (Bea. III.); thence to the western point of a +double-pointed rocky hill, precipitous on all sides, called Makwana, +its top being a bare rock (Bea. II.); thence to the top of a rugged +hill of considerable height falling abruptly to the Komati River, +this hill being the northern extremity of the Isilotwani range, and +separated from the highest peak of the range Inkomokazi (a sharp +cone) by a deep neck (Bea. I.). (On a ridge in the straight line +between Beacons I. and II. is an intermediate beacon.) From Beacon I. +the boundary runs to a hill across the Komati River, and thence along +the crest of the range of hills known as the Makongwa, which runs +north-east and south-west, to Kamhlubana Peak; thence in a straight +line to Mananga, a point in the Libombo range, and thence to the +nearest point in the Portuguese frontier on the Libombo range; thence +along the summits of the Libombo range to the middle of the poort +where the Komati River passes through it, called the lowest Komati +Poort; thence in a north by easterly direction to Pokioens Kop, +situated on the north side of the Olifant's River, where it passes +through the ridges; thence about north-north-west to the nearest +point of Serra di Chicundo; and thence to the junction of the Pafori +River with the Limpopo or Crocodile River; thence up the course of +the Limpopo River to the point where the Marique River falls into it. +Thence up the course of the Marique River to 'Derde Poort,' where it +passes through a low range of hills, called Sikwane, a beacon (No. +10) being erected on the spur of said range near to, and westward of, +the banks of the river; thence, in a straight line, through this +beacon to a beacon (No. 9), erected on the top of the same range, +about 1,700 yards distant from beacon No. 10; thence, in a straight +line, to a beacon (No. 8) erected on the highest point of an isolated +hill, called Dikgagong, or 'Wildebeest Kop,' situated south-eastward +of, and about 3-1/3 miles distant from a high hill, called Moripe; +thence, in a straight line, to a beacon (No. 7) erected on the summit +of an isolated hill or 'koppie' forming the eastern extremity of the +range of hills called Moshweu, situated to the northward of, and +about two miles distant from, a large isolated hill called +Chukudu-Chochwa; thence, in a straight line, to a beacon (No. 6) +erected on the summit of a hill forming part of the same range, +Moshweu; thence, in a straight line, to a beacon (No. 5) erected on +the summit of a pointed hill in the same range; thence, in a straight +line, to a beacon (No. 4) erected on the summit of the western +extremity of the same range; thence, in a straight line, to a beacon +(No. 3) erected on the summit of the northern extremity of a low, +bushy hill, or 'koppie,' near to and eastward of the Notwane River; +thence, in a straight line, to the junction of the stream called +Metsi-Mashware with the Notwane River (No. 2); thence up the course +of the Notwane River to Sengoma, being the poort where the river +passes through the Dwarsberg range; thence, as described in the Award +given by Lieutenant-Governor Keate, dated October 17, 1871, by +Pitlanganyane (narrow place), Deboaganka or Schaapkuil, Sibatoul +(bare place), and Maclase, to Ramatlabama, a pool on a spruit north +of the Molopo River. From Ramatlabama the boundary shall run to the +summit of an isolated hill called Leganka; thence, in a straight +line, passing north-east of a Native Station, near 'Buurman's Drift,' +on the Molopo River, to that point on the road from Mosiega to the +old drift, where a road turns out through the Native Station to the +new drift below; thence to 'Buurman's Old Drift'; thence, in a +straight line, to a marked and isolated clump of trees near to and +north-west of the dwelling-house of C. Austin, a tenant on the farm +'Vleifontein,' No. 117; thence, in a straight line, to the +north-western corner beacon of the farm 'Mooimeisjesfontein,' No 30; +thence, along the western line of the said farm 'Mooimeisjesfontein,' +and in prolongation thereof, as far as the road leading from +'Ludik's Drift,' on the Molopo River, past the homestead of +'Mooimeisjesfontein,' towards the Salt Pans near Harts River; thence, +along the said road, crossing the direct road from Polfontein to +Sehuba, and until the direct road from Polfontein to Lotlakane or +Pietfontein is reached; thence, along the southern edge of the +last-named road towards Lotlakane, until the first garden ground of +that station is reached; thence, in a south-westerly direction, +skirting Lotlakane, so as to leave it and all its garden ground in +native territory, until the road from Lotlakane to Kunana is reached; +thence along the east side, and clear of that road towards Kunana, +until the garden grounds of that station are reached; thence, +skirting Kunana, so as to include it and all its garden ground, but +no more, in the Transvaal, until the road from Kunana to Mamusa is +reached; thence, along the eastern side and clear of the road towards +Mamusa, until a road turns out towards Taungs; thence, along the +eastern side and clear of the road towards Taungs, till the line of +the district known as 'Stellaland' is reached, about 11 miles from +Taungs; thence, along the line of the district Stellaland, to the +Harts River, about 24 miles below Mamusa; thence, across Harts River, +to the junction of the roads from Monthe and Phokwane; thence, along +the western side and clear of the nearest road towards 'Koppie +Enkel,' an isolated hill about 36 miles from Mamusa, and about 18 +miles north of Christiana, and to the summit of the said hill; +thence, in a straight line, to that point on the north-east boundary +of Griqualand West as beaconed by Mr. Surveyor Ford, where two farms, +registered as Nos. 72 and 75, do meet, about midway between the Vaal +and Harts Rivers, measured along the said boundary of Griqualand +West; thence to the first point where the north-east boundary of +Griqualand West meets the Vaal River. + +ARTICLE II. + +The Government of the South African Republic will strictly adhere to +the boundaries defined in the first Article of this Convention, and +will do its utmost to prevent any of its inhabitants from making any +encroachments upon lands beyond the said boundaries. The Government +of the South African Republic will appoint Commissioners upon the +eastern and western borders, whose duty it will be strictly to guard +against irregularities and all trespassing over the boundaries. Her +Majesty's Government will if necessary appoint Commissioners in the +native territories outside the eastern and western borders of the +South African Republic to maintain order and prevent encroachments. + +Her Majesty's Government and the Government of the South African +Republic will each appoint a person to proceed together to beacon off +the amended south-west boundary as described in Article I of this +Convention; and the President of the Orange Free State shall be +requested to appoint a referee to whom the said persons shall refer +any questions on which they may disagree respecting the +interpretation of the said Article, and the decision of such +referee thereon shall be final. The arrangement already made, under +the terms of Article 19 of the Convention of Pretoria, of the 3rd +August, 1881, between the owners of the farms Grootfontein and +Valleifontein on the one hand, and the Barolong authorities on the +other, by which a fair share of the water supply of the said farms +shall be allowed to flow undisturbed to the said Barolongs, shall +continue in force. + +ARTICLE III. + +If a British officer is appointed to reside at Pretoria or elsewhere +within the South African Republic to discharge functions analogous to +those of a Consular officer, he will receive the protection and +assistance of the Republic. + +ARTICLE IV. + +The South African Republic will conclude no treaty or engagement with +any State or nation other than the Orange Free State, nor with any +native tribe to the eastward or westward of the Republic, until the +same has been approved by Her Majesty the Queen. + +Such approval shall be considered to have been granted if Her +Majesty's Government shall not, within six months after receiving a +copy of such treaty (which shall be delivered to them immediately +upon its completion), have notified that the conclusion of such +treaty is in conflict with the interests of Great Britain or of any +of Her Majesty's possessions in South Africa. + +ARTICLE V. + +The South African Republic will be liable for any balance which may +still remain due of the debts for which it was liable at the date of +Annexation--to wit, the Cape Commercial Bank Loan, the Railway Loan, +and the Orphan Chamber Debt--which debts will be a first charge upon +the revenues of the Republic. The South African Republic will +moreover be liable to her Majesty's Government for Ł250,000, which +will be a second charge upon the revenues of the Republic. + +ARTICLE VI. + +The debt due as aforesaid by the South African Republic to Her +Majesty's Government will bear interest at the rate of three and a +half per cent, from the date of the ratification of this Convention, +and shall be repayable by a payment for interest and Sinking Fund of +six pounds and ninepence per Ł100 per annum, which will extinguish +the debt in twenty-five years. The said payment of six pounds and +ninepence per Ł100 shall be payable half-yearly in British currency +at the close of each half-year from the date of such ratification: +Provided always that the South African Republic shall be at liberty +at the close of any half-year to pay off the whole or any portion of +the outstanding debt. + +Interest at the rate of three and a half per cent, on the debt as +standing under the Convention of Pretoria shall as heretofore be paid +to the date of the ratification of this Convention. + +ARTICLE VII. + +All persons who held property in the Transvaal on the 8th day of +August 1881 and still hold the same, will continue to enjoy the +rights of property which they have enjoyed since the 12th April, +1877. No person who has remained loyal to Her Majesty during the +late hostilities shall suffer any molestation by reason of his +loyalty; or be liable to any criminal prosecution or civil action +for any part taken in connection with such hostilities; and all +such persons will have full liberty to reside in the country, with +enjoyment of all civil rights, and protection for their persons and +property. + +ARTICLE VIII. + +The South African Republic renews the declaration made in the Sand +River Convention, and in the Convention of Pretoria, that no slavery +or apprenticeship partaking of slavery will be tolerated by the +Government of the said Republic. + +ARTICLE IX. + +There will continue to be complete freedom of religion and protection +from molestation for all denominations, provided the same be not +inconsistent with morality and good order; and no disability shall +attach to any person in regard to rights of property by reason of the +religious opinions which he holds. + +ARTICLE X. + +The British Officer appointed to reside in the South African Republic +will receive every assistance from the Government of the said +Republic in making due provision for the proper care and preservation +of the graves of such of Her Majesty's Forces as have died in the +Transvaal; and, if need be, for the appropriation of land for the +purpose. + +ARTICLE XI. + +All grants or titles issued at any time by the Transvaal Government +in respect of land outside the boundary of the South African +Republic, as defined in Article I, shall be considered invalid and of +no effect, except in so far as any such grant or title relates to +land that falls within the boundary of the South African Republic; +and all persons holding any such grant so considered invalid and of +no effect will receive from the Government of the South African +Republic such compensation, either in land or in money, as the +Volksraad shall determine. In all cases in which any Native Chiefs or +other authorities outside the said boundaries have received any +adequate consideration from the Government of the South African +Republic for land excluded from the Transvaal by the first Article of +this Convention, or where permanent improvements have been made on +the land, the High Commissioner will recover from the native +authorities fair compensation for the loss of the land thus excluded, +or of the permanent improvements thereon. + +ARTICLE XII. + +The independence of the Swazis, within the boundary line of +Swaziland, as indicated in the first Article of this Convention, will +be fully recognized. + +ARTICLE XIII. + +Except in pursuance of any treaty or engagement made as provided in +Article 4 of this Convention, no other or higher duties shall be +imposed on the importation into the South African Republic of any +article coming from any part of Her Majesty's dominions than are or +may be imposed on the like article coming from any other place or +country; nor will any prohibition be maintained or imposed on the +importation into the South African Republic of any article coming +from any part of Her Majesty's dominions which shall not equally +extend to the like article coming from any other place or country. +And in like manner the same treatment shall be given to any article +coming to Great Britain from the South African Republic as to the +like article coming from any other place or country. + +These provisions do not preclude the consideration of special +arrangements as to import duties and commercial relations between the +South African Republic and any of Her Majesty's colonies or +possessions. + +ARTICLE XIV. + +All persons, other than natives, conforming themselves to the laws of +the South African Republic _(a)_ will have full liberty, with their +families, to enter, travel, or reside in any part of the South +African Republic; _(b)_ they will be entitled to hire or possess +houses, manufactories, warehouses, shops, and premises; _(c)_ they +may carry on their commerce either in person or by any agents whom +they may think fit to employ; _(d)_ they will not be subject, in +respect of their persons or property, or in respect of their commerce +or industry, to any taxes, whether general or local, other than those +which are or may be imposed upon citizens of the said Republic. + +ARTICLE XV. + +All persons, other than natives, who established their domicile in +the Transvaal between the 12th day of April, 1877, and the 8th +August, 1881, and who within twelve months after such last-mentioned +date have had their names registered by the British Resident, shall +be exempt from all compulsory military service whatever. + +ARTICLE XVI. + +Provision shall hereafter be made by a separate instrument for the +mutual extradition of criminals, and also for the surrender of +deserters from Her Majesty's Forces. + +ARTICLE XVII. + +All debts contracted between the 12th April, 1877, and the 8th +August, 1881, will be payable in the same currency in which they may +have been contracted. + +ARTICLE XVIII. + +No grants of land which may have been made, and no transfers or +mortgages which may have been passed between the 12th April, 1877, +and the 8th August, 1881, will be invalidated by reason merely of +their having been made or passed between such dates. + +All transfers to the British Secretary for Native Affairs in trust +for natives will remain in force, an officer of the South African +Republic taking the place of such Secretary for Native Affairs. + +ARTICLE XIX. + +The Government of the South African Republic will engage faithfully +to fulfil the assurances given, in accordance with the laws of the +South African Republic, to the natives at the Pretoria Pitso by the +Royal Commission in the presence of the Triumvirate and with their +entire assent, (1) as to the freedom of the natives to buy or +otherwise acquire land under certain conditions, (2) as to the +appointment of a commission to mark out native locations, (3) as to +the access of the natives to the courts of law, and (4) as to their +being allowed to move freely within the country, or to leave it for +any legal purpose, under a pass system. + +ARTICLE XX. + +This Convention will be ratified by a Volksraad of the South African +Republic within the period of six months after its execution, and in +default of such ratification this Convention shall be null and void. + +Signed in duplicate in London this 27th day of February, 1884. + + + HERCULES ROBINSON. + S.J.P. KRUGER. + S.J. DU TOIT. + N.J. SMIT. + + + + +APPENDIX C. + +PRESIDENT KRUGER'S AFFAIRS IN THE RAADS. + +1889. + +PRESIDENT. + +_July_.--His Honour accepts a loan of Ł7,000 from the State funds at +2-1/2 per cent. interest (current rate being about 6 per cent.). + +1890. + +_July 4_.--The PRESIDENT said: Mr. Taljaard yesterday threw in my +teeth that I took advantage of my position to benefit my own +relations. I assure you that I have not done anything of the kind. +Unfortunately, one of my relatives who is a speculator has got a +concession, which I am in duty bound to carry out. But I am deeply +grieved that Mr. Taljaard said what he did say. In future, I can +assure you not a single member of my family shall receive a single +office. I will not even make one of them a constable. I have children +myself, but I have left them on the farm rather than put them in +office to draw money from the State. + +1891. + +_May_.--In answer to a request that President Kruger would allow his +name to be used as patron of a ball in honour of Her Majesty's +birthday: + +SIR, + +In reply to your favour of the 12th instant, requesting me to ask His +Honour the State President to consent to his name being used as a +patron of a ball to be given at Johannesburg on the 26th inst., I +have been instructed to inform you that His Honour considers a ball +as Baal's service, for which reason the Lord ordered Moses to kill +all offenders; and as it is therefore contrary to His Honour's +principles, His Honour cannot consent to the misuse of his name in +such connection. + + I have, etc., + F. ELOFF, + _Pr. Secretary._ + +1892. + +FIRST RAAD. + +PRESIDENT. + +_May 24_.--It was resolved that a dam be constructed on the +President's farm 'Geduld' at a cost of Ł4,500, at the expense of the +Treasury. + +SECOND RAAD. + +The Public Works Department report that the road across the +President's farm 'Geduld,' estimated to cost Ł1,500, had actually +cost Ł5,000. Mr. MEYER stated that this road was of absolutely no use +to anyone but the owner of the farm! + +FIRST RAAD. + +_June 15_.--Letter from Mr. Mare, Deacon, on behalf of the United +Church, Pretoria, complaining that of the twelve erven given by +Government to the Church, they had been deprived of four, which had +been handed over to the President's Church, the Gerevoormede or +Dopper, and two of these had again been transferred to the President +himself. + +_June 16_.--After a lengthy discussion it was resolved that the +President is entirely exonerated. The Raad further expressed its +disapproval of this conduct of a Christian Church, whose duty it +should be to foster Christian love, and set an example to the +burghers. + +FIRST RAAD. + +_August 2_.--A memorial was read from Lichtenburg, praying for a +stringent investigation into the Report of the Estimates Committee of +1890, in which it was stated that of Ł140,000 spent on the Pretoria +streets, vouchers for Ł22,000 were missing. The Raad decided on the +President's stating that nothing was wrong with the accounts to send +the memorialists a copy of the resolution of last year. + +1893. + +_July 17_.--The PRESIDENT said it was simply murdering the erection +of factories to say there should be no concessions. He denied that +factories could be erected without concessions. If the Raad wished to +throw out all concessions, well and good. That simply meant the +fostering of industries in other countries. + +STANDS SCANDAL.{54} + +_August 3_.--The PRESIDENT said that speculation, when fairly +conducted, was justifiable, and the Government had acted according to +the circumstances, and in the interests of the State. The Government +had no private interests in view, but thought the sale was quite +justifiable. + +The Minister of Mines was then attacked for granting stands to Raad +officials when higher offers had been made. + + +Footnote for Appendix C + +{54} By this name is known the series of transactions in which +Government land in Johannesburg was sold out of hand to certain +private individuals at a nominal figure, many thousands of pounds +below the then market value. + + + + +APPENDIX D. + +VOLKSRAAD DEBATES. + +_Extracts from the Published Reports._ + +1889. + +_May 8_.--On the application of the Sheba G. M. Co. for permission to +erect an aërial tram from the mine to the mill, + +Mr. GROBLAAR asked whether an aërial tram was a balloon or whether it +could fly through the air. + +The only objection that the Chairman had to urge against granting the +tram was that the Company had an English name, and that with so many +Dutch ones available. + +Mr. TALJAARD objected to the word 'participeeren' (participate) as +not being Dutch, and to him unintelligible: 'I can't believe the word +is Dutch; why have I never come across it in the Bible if it is?' + +_June 18_.--On the application for a concession to treat tailings, + +Mr. TALJAARD wished to know if the words 'pyrites' and 'concentrates' +could not be translated into the Dutch language. He could not +understand what it meant. He had gone to night-school as long as he +had been in Pretoria, and even now he could not explain everything to +his burghers. He thought it a shame that big hills should be made on +ground under which there might be rich reefs, and which in future +might be required for a market or outspan. He would support the +recommendation on condition that the name of the quartz should be +translated into Dutch, as there might be more in this than some of +them imagined. + +REDUCTION OF IMPORT DUTIES ON EATABLES. + +_June 20_.--Mr. WOLMARANS said the diggers simply did not want to buy +from the Boers; there was plenty of meat and bread in the land, and +the Boers could not get good prices for their cattle. + +Mr. VAN HEERDEN could not see how the inhabitants of the State would +benefit in the least by lowering the tariff. + +Messrs. LOMBAARD and WOLMARANS both declared that when duties were at +their highest groceries etc. were at their cheapest. + +Mr. TALJAARD thought that members who were in favour of lowering the +tariff did not act for the benefit of the country. + +1890. + +_May 29_.--A discussion of considerable length took place on a +petition from burghers of Gatsrand, Potchefstroom district, praying +that at least two-thirds of the Government money now lying idle in +the banks should be given out to agriculturists as loans, and the +remainder for other purposes. + +_July 2_.--His Honour was asked why he did not suppress all +sweepstakes and races. + +The PRESIDENT said gambling and lotteries were in conflict with the +Word of God, but it was also the duty of man to have exercise and to +exercise his horses. For that reason an exception had been made in +the Bill as to horse-races, etc. + +INCREASE OF OFFICIALS' SALARIES. + +_July 7_.--The PRESIDENT supported the increase. He promised the +Raad--and he had done this before--that whenever there was a falling +off in the revenue, he would at once reduce the salaries. He had said +this before, and if members did not believe him let them call him a +liar at once. + +1891. + +SECOND RAAD. + +_June 5_.--Mr. ESSELEN objected to minutes not being full enough. + +Mr. TALJAARD accused Mr. Esselen of insulting the Raad. + +A discussion ensued on minutes, in which certain proposals which had +been rejected had not been incorporated. Several members said that +the incorporation of proposals that had been rejected would entail +some members being held up to the scorn of the public. + +ESTIMATES. + +_June 24_.--Two hundred vouchers were found to be missing from the +yearly accounts, and no explanation could be given. Also Ł13,000 had +been given on loan to the Boeren Winkel (Boer General Store--a +private mercantile venture). + +_July 27_.--Mr. MARE maintained that the Public Works were badly +administered. + +The PRESIDENT dashed down the papers in front of him and stalked out +of the Raad, after emphatically denying that money had been wasted. + +_July 27_.--At the debate on the question of appointing a State +financier, who could among other things be held responsible for the +disappearance of vouchers, the Auditor-General said that he did not +want an official of that nature, who would be always snivelling about +his books. + +CLAUSE TWENTY-THREE OF THE GOLD LAW. + +_August 5_.--The PRESIDENT said that owners of properties had quite +sufficient privileges already, and he did not want to give them more. + +Mr. LOMBAARD said the Gold Fields wanted too much. The revenue from +the Gold Fields was already less than the expenditure. He was of +opinion that the best course would be to let the Gold Fields go to +the devil and look after themselves. + +1892 + +SECOND RAAD. + +_May 6._--Protracted discussion arose on the Postal Report, the +Conservatives being opposed to erecting pillar-boxes in Pretoria on +the ground that they were extravagant and effeminate. + +OOM DYLE (Mr. TALJAARD) said that he could not see why people wanted +to be always writing letters. He wrote none himself. In the days of +his youth he had written a letter, and had not been afraid to travel +fifty miles and more on horseback and by wagon to post it; and now +people complained if they had to go one mile. + +FIRST RAAD. + +_May 21_.--On the question of abolishing the post of Minute-Keeper to +the Executive the President fell into a passion with Mr. Loveday who +thought a Minute-Keeper unnecessary, and left the Raad in a temper. + +_June 13_.--The PRESIDENT said the reason why he did not subsidize +some papers by giving them advertisements was that they did not +defend the Government. It was the rule everywhere to give +advertisements to papers which supported the Government. + +PRESIDENT AND GENERAL. + +_July 21_.--General JOUBERT tenders his resignation as Chairman of +the Chicago Exhibition Committee. He had written again and again to +the President and State Secretary for an intimation of the +Government's intention with regard to the amount on the Estimates, +but his communications were treated with silent contempt. + +The PRESIDENT made a long speech, in which he said he felt great +grief at being thus falsely charged by the General, who was also a +member of the Executive. Still he would only bless those who +spitefully used him and would not blacken the General. + +SECOND RAAD. + +_July 21_.--After the resolution had been taken on Mr. Van Niekerk's +proposition regarding compensation for claims not yet worked out +(Clause 60 of Gold Law), the PRESIDENT was still speaking, and +objecting to the recording of Van Niekerk's objection to the passing +of the Gold Law Clause Amendment, when Mr. ESSELEN called 'Order, +Order!' several times. + +The PRESIDENT said he was insulted by Mr. Esselen and would withdraw +unless he apologized. + +The Raad adjourned, as Mr. Esselen refused. + +FIRST RAAD. + +LOCUST EXTERMINATION. + +_July 21_.--Mr. Roos said locusts were a plague, as in the days of +King Pharaoh, sent by God, and the country would assuredly be loaded +with shame and obloquy if it tried to raise its hand against the +mighty hand of the Almighty. + +Messrs. DECLERQ and STEENKAMP spoke in the same strain, quoting +largely from the Scriptures. + +The CHAIRMAN related a true story of a man whose farm was always +spared by the locusts, until one day he caused some to be killed. His +farm was then devastated. + +Mr. STOOP conjured the members not to constitute themselves +terrestrial gods and oppose the Almighty. + +Mr. LUCAS MEYER raised a storm by ridiculing the arguments of the +former speakers, and comparing the locusts to beasts of prey which +they destroyed. + +Mr. LABUSCHAGNE was violent. He said the locusts were quite different +from beasts of prey. They were a special plague sent by God for their +sinfulness. + +_July 26_.--Mr. DE BEER attacking the railways said they were already +beginning to eat the bitter fruits of them. He was thinking of +trekking to Damaraland, and his children would trek still further +into the wilderness out of the reach of the iron horse. + +_August 16_.--Mr. DE BEER said he saw where all the opposition to +duties came from. It was English blood boiling to protect English +manufacture. + +1893. + +_June 21_.--A memorial was read from certain burghers of Waterberg +about children beating their parents, and praying that such children +should not be allowed to become officials of the State or sit in +Volksraad! + +Mr. DE BEER--the Member for Waterberg--who in the days of his hot +youth is said to have given his father a sound thrashing, and is the +one aimed at by the memorialists, denied all knowledge of the +memorial. + +CHARLESTOWN EXTENSION. + +_August 24_.--Mr. WOLMARANS opposed the line, as it would compete +with the Delagoa Bay Railway, for which the State was responsible. + +Mr. LE CLERQ maintained that the Cape Free State line was against the +interests of the burghers, as a tremendous number of cattle were +brought into the State from outside countries. + +Mr. MALAN said he would never vote for this line. + +Mr. ROOS referred to the sacred voice of the people, which he said +was against railways. + +The extension was eventually approved of. + +1894. + +FIRST RAAD. + +_May 14_.--A debate took place upon the clause that members should +appear in the House clad in broadcloth and having white neckties. + +Mr. JAN DE BEER complained of the lack of uniformity in neckties. +Some wore a Tom Thumb variety, and others wore scarves. This was a +state of things to be deplored, and he considered that the Raad +should put its foot down and define the size and shape of neckties. + +JAM CONCESSION. + +_August 28_.--The PRESIDENT said he was against concessions generally +speaking, but there were cases where exceptions should be made. There +was for instance the Jam Concession. The manufacture of jam ought to +be protected. + +REDUCTION OF POSTAGE FROM TWOPENCE TO ONE PENNY THROUGHOUT THE +REPUBLIC. + +_August 22_.--Mr. WOLMARANS opposed the reduction, saying the Postal +Department would probably show a deficit at the end of the year. And +besides who would benefit? Certainly not the farmers. + +Mr. LOMBAARD also was against the reduction. + +Mr. DE LA REY said speculators could afford to pay the present rates +of postage, and as the reduction would only benefit the townspeople, +let matters remain unaltered. If he resided in a town and speculated +he would be able to pay twopence. + +Mr. SCHUTTE said the Postal Department was run at a loss at present, +and if they further reduced the tariff things would go very badly +with them. + +Reduction rejected, 13 to 9. + +INCREASE OF REPRESENTATION. + +_September 6_.--The PRESIDENT throughout the debate maintained that +there was no advantage to be gained by increased representation, and +that business could be more quickly transacted with a small number of +members. He disagreed with those members who wished to give big towns +representatives as the Raad would be swamped with town members. + +After the rejection of various proposals the PRESIDENT rose and +pointed out it would mean ruination to the country if the Raad +resolved to increase the number of the members, and amidst some +confusion he left, declining to occupy the Presidential chair, +muttering that the Raad was large enough already and if it were +increased it would be a shame. + +EDUCATION QUESTION. + +_September 7_.--The Committee reported that a number of memorials had +been received, praying that more hours weekly should be devoted to +the English language. Counter memorials had also been received. The +Committee advised the Raad not to grant the request of more hours for +English. + +Mr. LOMBAARD thought the Raad was bound to refuse the request, and it +would be useless to discuss the matter. + +Mr. DE BEER could see no harm in granting the request, in fact it was +their duty to do so. + +Mr. SPIES considered there was no necessity to teach English in the +State. Trade did not require it, and they could get on very well +without English. Let the English remain in their own country. + +The PRESIDENT was opposed to extending the hours. He did not object +to English being taught, but then it must not interfere with the +language of the country to the prejudice of the latter language. He +had schools upon his farm, and parents objected to their children +being taught English in those schools. After a very little while they +could write English as well as or better than their own language, and +neglected Dutch for English. _The Dutch language could not be +maintained against English in competition._ + +Mr. WOLMARANS also spoke against the English language saying that if +they went through the list of those who had signed the memorial for +the annexation of the Transvaal by the English, they would find +without exception that those who signed were English-speaking. +He was against children being taught English so early, as when they +were taught young their minds became poisoned with English views. + +Mr. OTTO agreed with the spirit of the Committee's report. This was a +Dutch country, with Dutch laws, and why should they be asked to +exchange the Dutch language for the English? What had the English +done for the country that this should be asked? + +The CHAIRMAN thought many members made too much of the English +language already. One language was sufficient, and if a man was +properly educated in his own tongue that should suffice. + +Mr. LE CLERQ and Mr. PRINSLOO both cautioned the Raad against foreign +languages in their schools. + +Mr. LOVEDAY pointed out the absurdity of saying that the National +Independence depended upon one language only being used, and pointed +to the American and Swiss Republics as examples. + +Mr. LOMBAARD in the course of a violent speech said those people who +wanted English taught in the State-aided schools were aiming at the +independence of the State. They wanted to bring dissension in the +midst of the burghers by teaching new and wrong ideas, and they +became indignant because the burghers would not allow it. He was +ashamed that members should argue in favour of injuring their +independence: English should not be taught in the State-aided +schools. + +The law remained unaltered by 12 to 10. + +1895. + +_July 26_.--The matter of purchasing diamond drills cropping up, the +PRESIDENT said it was true that the two industries mining and +agriculture went hand in hand, but it must be remembered that every +fresh goldfield opened meant a fresh stream of people and extra +expenses. He hoped the Raad would excuse him referring to it, but the +Raad took away the revenue and still asked for money. There was the +reduction of postage; now it was asked to spend money on boring +machines, when each new field meant so much extra expense. Machines +for water boring were cheap and not fitted with diamonds like those +for mining, which required to be handled by experts. It must be +remembered that money voted for agricultural purposes was spent here, +while for the gold industry it was sent away. The Raad must be +careful how the money was voted. + +FIRST RAAD. + +FIRING AT THE CLOUDS TO BRING DOWN RAIN CONSIDERED IMPIOUS. + +_August 5_.--A memorial was read from Krugersdorp praying that the +Raad would pass a law to prohibit the sending up of bombs into the +clouds to bring down rain, as it was a defiance of God and would most +likely bring down a visitation from the Almighty. + +The Memorial Committee reported that they disapproved of such a +thing, but at the same time they did not consider they could make a +law on the subject. + +Mr. A.D. WOLMARANS said he was astonished at this advice, and he +expected better from the Commission. If one of their children fired +towards the clouds with a revolver they would thrash him. Why should +they permit people to mock at the Almighty in this manner? It was +terrible to contemplate. He hoped that the Raad would take steps to +prevent such things happening. + +The CHAIRMAN (who is also a member of the Memorial Commission) said +the Commission thought that such things were only done for a wager. + +Mr. ERASMUS said they were not done for a wager but in real earnest. +People at Johannesburg actually thought that they could bring down +the rain from the clouds by firing cannons at them. + +Mr. JAN MEYER said such things were actually done in Johannesburg. +Last year during the drought men were engaged to send charges of +dynamite into the clouds. They fired from the Wanderers' Ground and +from elsewhere, but without result. Then some one went to Germiston +and fired at a passing cloud; but there was no rain. The cloud sailed +away, and the heavens became clear and beautifully blue. He had +reported the matter to the Government. + +Mr. DU TOIT (Carolina) said he had heard that there were companies in +Europe which employed numbers of men to do nothing but shoot at the +clouds simply to bring down rain. It was wonderful that men could +think of doing such things; they ought to be prohibited here. He did +not consider that the Raad would be justified in passing a law on the +subject, however; but he thought all the same that they should +express their strongest disapproval of such practices. + +Mr. BIRKENSTOCK ridiculed the idea of people forcing rain from the +clouds. In some of the Kaffir countries they had witch-doctors who +tried to bring down rain; whether they succeeded or not was a +different matter. Still, if people were foolish enough to try and +force the clouds to discharge rain, the Legislature ought not to +interfere to prevent them. He did not agree with the idea of firing +at the clouds, but did not consider that an Act should be passed to +prevent it. + +The CHAIRMAN said if such things were actually done--and he was +unaware of it--those who did it ought to be prevented from repeating +it. + +After a further discussion, Mr. A.D. WOLMARANS moved: 'That this +Raad, considering the memorial now on the Order, resolves to agree +with the same, and instructs the Government to take the necessary +steps to prevent a repetition of the occurrences referred to.' + +SECOND RAAD. + +BARMAIDS. + +The article for the abolition of barmaids was dealt with. + +Mr. WATKINS declared himself strongly against such an article. He +could not see why females should be prevented from dispensing liquor. +Such a clause would prevent many respectable young women from making +a living. + +Mr. PRETORIUS said there were many memorials on this subject, and in +compliance with the wish expressed therein the article was inserted +in the Liquor Law. Of course, it was for the Raad to decide. + +Mr. RENSBURG spoke strongly against the clause. According to it the +proprietor's wife would be prevented from going behind the counter. +He would not deny that there were some barmaids who were not strictly +virtuous, but to accuse them as a class of being dangerous was +going too far. Many of the memorials were signed by women. These +memorials were drawn by men whom he considered were hypocrites, and +they ought to be ashamed of themselves for their narrow-mindedness. + +Mr. VAN STADEN said he did not like to take the bread out of the +mouths of a great many women. + +Mr. KOENIG suggested that they could become chambermaids. + + + + +APPENDIX E. + +MALABOCH. + + +_September 4_.--An Executive resolution was read, stating that the +Executive had decided to deprive Malaboch of his rights of +chieftainship, and keep him in the custody of the Government, and +that his tribe be broken up and apprenticed out to burghers, each +burgher applying to have one or two families upon payment of Ł3 per +family per annum. The Executive wished the Raad to approve of this; +the Government had the right to do this according to law. This was +without prejudice to the trial before the High Court. Perhaps when +the Krijgsraad assembled it would be decided to try him before the +High Court on charges of murder and rebellion. + +Mr. JEPPE thought this was a matter for the High Court, and +counselled the Raad to adopt that course, giving the chief a public +trial. + +The PRESIDENT said the Executive acted strictly in accordance with +the law; it was not necessary for the Government to send the case to +the High Court, as it had the power to decide native cases. For +instance, in the case of Lo Bengula and his headmen, they were not +tried by any High Court. + +Mr. MEYER thought they should give Malaboch a fair trial. + +Finally Mr. MEYER moved, and Mr. JEPPE seconded, that Executive +resolution be accepted for notice. + + + + +APPENDIX F. + +THE GREAT FRANCHISE DEBATE. + + +The following extract is made from the Report of the great Franchise +Debate, published in the Johannesburg _Star_, August 17, 1895: + +EXTENSION OF THE FRANCHISE.--MONSTER UITLANDER PETITIONS.--WHAT THE +BURGHERS WISH. + +Petitions were read praying for the extension of the franchise. The +petitioners pointed out that they were all residents in the Republic, +that the increase of the wealth of the country and the status of the +country were due to their energy and wealth, that the number of the +non-enfranchised far exceeded the number of the burghers, that +taxation was so arranged that the non-enfranchised bore four-fifths +of the taxes. The memorialists pointed out that one of the Republican +principles was equality, but that notwithstanding the numerously +signed memorials the Raad decided last year to make the Franchise Law +so stringent that a new-comer could never obtain the franchise, and +his children could only obtain it under severe conditions. They +pointed out the danger of this, and prayed for admission under +reasonable conditions. + +The petitions came from every part of the country, including all the +Boer strongholds, and some were signed by influential officials. One +petition from Johannesburg was signed by 32,479 persons, and the +total signatures amounted to 35,483. + +Memorials to the same effect were read from a large number of farming +districts, signed by 993 full burghers, who were anxious that the +franchise should be extended to law-abiding citizens. These memorials +contained the names of prominent farmers. There were nineteen of +these last-named memorials, four of which came from different parts +of the Pretoria district and three from Potchefstroom. + +A memorial was read from Lydenburg, suggesting that ten years' +residence in the country and obedience to the law be the +qualification. This was signed by about a hundred burghers. + +A number of memorials were read from Rustenberg, Waterberg, Piet +Retief, Utrecht, Middelberg, Zoutpansberg, and Krugersdorp, signed by +about 500 burghers, stating that while they valued the friendship of +the peace-abiding Uitlanders they petitioned the Raad not to extend +the franchise or alter last year's law. + +A memorial from Krugersdorp was to the effect that the franchise +should not be extended until absolutely necessary, and then only in +terms of Art. 4 of the Franchise Law of 1894. This was signed by +thirteen persons. + +One was read from the Apies River and Standerton, praying that the +children of Uitlanders born here should not be granted the franchise. + +Memorials from other places, with 523 signatures, prayed that the +existing Franchise Law should be strictly enforced. + +Several petitions against the prohibition of the Election Committee +were read. + +A further memorial from the Rand was read, containing 5,152 +signatures, pointing out that they objected to the memorial issued by +the National Union, and they wanted the system of one-man-one-vote +and the ballot system adopted before they asked for the franchise. + +THE COMMITTEE'S RECOMMENDATIONS. + +The Memorial Committee recommended that the law remain unaltered, +because the memorials signed by full burghers requested no extension +to take place. + +Mr. LUCAS MEYER, who was chairman of the Memorial Commission, +submitted a report, stating that he was in the minority and differed +from his fellow-committeemen. There was not a single member of the +Raad who would use his powers more towards maintaining the +independence of the country than himself, but he was fully convinced +that the Raad had as bounden duty to propose an alteration to last +year's law. Proposals to do so had to emanate from the Raad. A large +majority of memorialists who prayed for the extension were not +burghers, but even those burghers who petitioned the Raad against the +extension asked the Raad not to do so at present. That showed that +they were convinced that sooner or later the extension would have to +take place--cautiously perhaps, but the extension would come. Even +the committee, the majority of whom were against him, recognised +this. He repeated that it was his opinion that the time would come. +Let the Raad then submit the proposal to the country, and if the +majority of the burghers were against it, the Raad would have to +stand or fall with the burghers; but at any rate they would be acting +according to the will of the country, and could not be blamed for +possible consequences. Recently the President said something had to +be done to admit a portion of the people who were behind the dam, +before the stream became so strong that the walls would be washed +away and the country immersed in water. He hoped the Raad would +favourably consider his proposal. + +Mr. TOSEN said that when the proposals came to extend the franchise, +such proposals had to come from old burghers, and so far the old +burghers had not signified their willingness that this should be +done. On the contrary, a large number of them were against it. They +did not wish to exclude the new-comers for all eternity, but just now +they should make no concession. It stood to reason that the +new-comers could not have so much interest in the country as the old +inhabitants. He cautioned the Raad against accepting the +recommendations of Mr. Meyer. _It would be contrary to Republican +principles_. Yes, he repeated it would be contrary to the principles +of Republicanism, and were newcomers admitted to the franchise the +old burghers would be deprived of all their rights. They would not +dare to vote or exercise any of their privileges. Those persons who +signed the petition for the franchise said they were peaceful and +law-abiding citizens, _but they gave a sign that they were not +law-abiding, because they were against the law. The Election Law was +there, and they should abide by it._ + +The CHAIRMAN called the speaker to order and advised him to keep to +the point, whether it was desirable to extend the franchise or not. + +Mr. TOSEN said he was cut short, but in a few words he would say that +he would resist to the bitter end any attempt to alter the law as it +at present stood. He spoke on behalf of his constituents and himself. + +Mr. JEPPE, in the course of his speech, said: Who are the people who +now demand from us a reasonable extension of the franchise? There are +to begin with almost a thousand old burghers who consent to such +extension. There are in addition 890 petitioners, also old burghers, +who complain that the franchise has been narrowed by recent +legislation. There are 5,100, chiefly from the Rand, who ask for +extension subject to the ballot, the principle of which has already +been adopted by you, and there is lastly a monster petition, bearing +35,700 names, chiefly from the Rand goldfields: and in passing I may +mention that I have convinced myself that the signatures to it, with +very few exceptions perhaps are undoubtedly genuine. Well, this +petition has been practically signed by the entire population of the +Rand. There are not three hundred people of any standing whose names +do not appear there. It contains the name of the millionaire +capitalist on the same page as that of the carrier or miner, that of +the owner of half a district next to that of a clerk, and the +signature of the merchant who possesses stores in more than one town +of this Republic next to that of the official. It embraces also all +nationalities: the German merchant, the doctor from Capetown, the +English director, the teacher from the Paarl--they all have signed +it. So have--and that is significant--old burghers from the Free +State, whose fathers with yours reclaimed this country; and it bears +too the signatures of some who have been born in this country, who +know no other fatherland than this Republic, but whom the law regards +as strangers. Then too there are the newcomers. They have settled for +good: they have built Johannesburg, one of the wonders of the age, +now valued at many millions sterling, and which, in a few short +years, will contain from a hundred to a hundred and fifty thousand +souls; they own half the soil, they pay at least three-quarters of +the taxes. Nor are they persons who belong to a subservient race. +They come from countries where they freely exercised political rights +which can never be long denied to free-born men. They are, in short, +men who in capital, energy and education are at least our equals. All +these persons are gathered together, thanks to our law, into one +camp. Through our own act this multitude, which contains elements +which even the most suspicious amongst us would not hesitate to +trust, is compelled to stand together, and so to stand in this most +fatal of all questions in antagonism to us. Is that fact alone not +sufficient to warn us and to prove how unstatesmanlike our policy is? +What will we do with them now? Shall we convert them into friends or +shall we send them away empty, dissatisfied, embittered? What will +our answer be? Dare we refer them to the present law, which first +expects them to wait for fourteen years and even then pledges itself +to nothing, but leaves everything to a Volksraad which cannot decide +until 1905? It is a law which denies all political rights even to +their children born in this country. Can they gather any hope from +that? Is not the fate of the petition of Mr. Justice Morice, whose +request, however reasonable, could not be granted except by the +alteration of the law published for twelve months and consented to by +two-thirds of the entire burgher population, a convincing proof how +untenable is the position which we have assumed? Well, should we +resolve now to refuse this request, what will we do when as we well +know must happen it is repeated by two hundred thousand one day. You +will all admit the doors must be opened. What will become of us or +our children on that day, when we shall find ourselves in a minority +of perhaps one in twenty, without a single friend amongst the other +nineteen, amongst those who will then tell us they wished to be +brothers, but that we by our own act made them strangers to the +Republic? Old as the world is, has an attempt like ours ever +succeeded for long? Shall we say as a French king did that things +will last our time, and after that we reck not the deluge? Again I +ask what account is to be given to our descendants and what can be +our hope in the future? + +Mr. DE CLERCQ opposed the extension. + +Mr. JAN DE BEER said he could not agree to the prayer for extension. +The burghers would decide time enough when the dam was too full, or +when fresh water was wanted. He had gone through the memorials, and +some that wished an extension were unknown to him, even those who +signed from his district. Very few persons were in favour of the +extension. If the burghers wished it he would give it, he would agree +to it. The people coolly asked the Raad to extend the franchise to +80,000 persons, men who were not naturalized and had nothing to lose. +He did not mind extending the franchise to a few. When it was a small +case he did not object, but when it came to giving away their +birthright wholesale he kicked. He did not object to give the burgher +right to _persons who shot Kaffirs_, or he had better say, persons +who went into the native wars on behalf of the Transvaal, because +they shed their blood for the country; but people who came here only +to make money and that only did not deserve the franchise. Let them +look at that book of signatures on the table with the 70,000 names. +Who were they? (Laughter, and cries of 'Too much.') Well, 38,000 +then. He had 'too much.' They were the persons, the millionaires side +by side with mining workers whom Mr. Jeppe spoke of, but where did +they find these people side by side? Nowhere! No, he would not grant +an extension of the franchise. + +The PRESIDENT said he wished to say a few words on the subject, and +the first thing he had to say was that those persons who signed the +monster petition were unfaithful and not law-abiding. + +Mr. JEPPE: I deny that. + +The PRESIDENT: Yes--I repeat unfaithful. + +Mr. JEPPE (excitedly): I say they are not! + +The CHAIRMAN: Order, order! + +The PRESIDENT then endeavoured to qualify his remarks by reasserting +that these people were disrespectful and disobedient to the law, +because they were not naturalized. 'Now,' asked His Honour +triumphantly, 'can you contradict that? No, you cannot. No one can. +The law says that they must be naturalized, and they are not.' +Speeches had been made that afternoon, His Honour proceeded, urging +that the rich should be made burghers and not the poor. Why not the +poor as well as the rich, if that were the case? But he was against +granting any extension, saving in cases like that he mentioned the +other day. Those who went on commando were entitled to it, but no +others. Those persons who showed they loved the country by making +such sacrifices were entitled to the franchise, and they should get +it. These memorials were being sent in year by year, and yearly +threats were made to them if they did not open the flood-gates. If +the dam was full before the walls were washed over, a certain portion +of the water had to be drained off. Well, this had been done in +the case of commando men. They were the clean water which was drained +off and taken into the inner dam which consisted of clean water, but +he did not wish to take in the dirty water also. No, it had to remain +in the outer dam until it was cleaned and purified. The Raad might +just as well give away the independence of the country as give all +these new-comers, these disobedient persons, the franchise. These +persons knew there was a law, but they wished to evade it; they +wished to climb the wall instead of going along the road quietly, and +these persons should be kept back. He earnestly cautioned the Raad +against adopting Mr. L. Meyer's proposal. + +Mr. D. JOUBERT said excitement would not avail them. They had to be +calm and deliberate. Now, what struck him was first who would give +them the assurance, were they to admit the 35,000 persons who +petitioned them for the franchise, that they would maintain the +independence of the country inviolate and as a sacred heritage? They +had no guarantee. He could not agree with the request of the petition +(here the speaker became excited, and gesticulating violently, +continued), and he would never grant the request if the decision was +in his hands. + +Mr. A.J. WOLMARANS said that his position on this question was that +he would not budge an inch. + +Mr. JAN MEYER impugned the genuineness of the petition, and said he +had represented Johannesburg in the Raad for some time, and could +tell them how those things were worked. They were nearly all +forgeries. He stated that as there were only 40,000 people in +Johannesburg it was impossible that 38,000 of them signed. Therefore +they were forgeries. The speaker concluded by saying that as long as +he lived he would never risk the independence of the country by +granting the franchise, _except in accordance with the law_. It was +unreasonable to ask him to give up his precious birthright in this +thoughtless manner. He could not do it--he would not do it! + +Mr. PRINSLOO said that he had gone through the petitions from +Potchefstroom, and certainly he had to admit that many of the +signatures were not genuine, for he found on these petitions the +names of his next-door neighbours, who had never told him a word +about their signing such petitions. + +Mr. OTTO again addressed the Raad, endeavouring to prove that +memorials from Ottos Hoop contained many forgeries. He said that he +did not consider the Johannesburg people who signed in that wonderful +and fat book on the table to be law-abiding, and he would have none +of them. The Raad had frequently heard that if the franchise were not +extended there would be trouble. He was tired of these constant +threats. He would say, 'Come on and fight! Come on!' (Cries of +'Order!') + +Mr. OTTO (proceeding): I say, 'Come on and have it out; and the +sooner the better.' I cannot help it, Mr. Chairman, I must speak out. +I say I am prepared to fight them, and I think every burgher of the +South African Republic is with me. + +The CHAIRMAN (rapping violently): Order, order! + +Mr. OTTO: Yes, this poor South African Republic, which they say they +own three-fourths of. They took it from us, and we fought for it and +got it back. + +The CHAIRMAN: Order! + +Mr. OTTO: They called us rebels then. I say they are rebels. + +Loud cries of 'Order!' + +Mr. OTTO: I will say to-day, those persons who signed the memorials +in that book are rebels. + +The CHAIRMAN: Will you keep order? You have no right to say such +things. We are not considering the question of powers, but the +peaceful question of the extension of the franchise to-day; and keep +to the point. + +Mr. OTTO: Very well I will; but I call the whole country to witness +that you silenced me, and would not allow me to speak out my mind. + +The PRESIDENT said they had to distinguish between trustworthy +persons and untrustworthy, and one proof was their going on commando, +and the other was their becoming naturalized. People who were +naturalized were more or less worthy, and if they separated +themselves from the others who would not get naturalized, and +petitioned the Raad themselves, the Raad would give ear to their +petition. He strongly disapproved of the Raad being deceived in the +manner it had been by the forged signatures. + +Mr. R.K. LOVEDAY, in the course of an address dealing exhaustively +with the subject, said: The President uses the argument that they +should naturalize, and thus give evidence of their desire to become +citizens. I have used the same argument, but what becomes of such +arguments when met with the objections that the law requires such +persons to undergo a probationary period extending from fourteen to +twenty-four years before they are admitted to full rights of +citizenship, and even after one has undergone that probationary +period, he can only be admitted to full rights by resolution of the +First Raad? Law 4 of 1890, being the Act of the two Volksraads, lays +down clearly and distinctly that those who have been eligible for ten +years for the Second Raad _can_ be admitted to full citizenship. So +that, in any case, the naturalized citizen cannot obtain full rights +until he reaches the age of forty years, he not being eligible for +the Second Raad until he is thirty years. The child born of +non-naturalized parents must therefore wait until he is forty +years-of age, although at the age of sixteen he may be called upon to +do military service, and may fall in the defence of the land of his +birth. When such arguments are hurled at me by our own flesh and +blood--our kinsmen from all parts of South Africa--I must confess +that I am not surprised that these persons indignantly refuse to +accept citizenship upon such unreasonable terms. The element I have +just referred to--namely, the Africander element--is very +considerable, and numbers thousands hundreds of whom at the time this +country was struggling for its independence, accorded it moral and +financial support, and yet these very persons are subjected to a term +of probation extending from fourteen to twenty-four years. It is +useless for me to ask you whether such a policy is just and +reasonable or Republican, for there can be but one answer, and that +is 'No!' Is there one man in this Raad who would accept the franchise +on the same terms? Let me impress upon you the grave nature of this +question, and the absolute necessity of going to the burghers without +a moment's delay, and consulting and advising them. Let us keep +nothing from them regarding the true position, and I am sure we shall +have their hearty co-operation in any reasonable scheme we may +suggest. This is a duty we owe them, for we must not leave them under +the impression that the Uitlanders are satisfied to remain aliens, as +stated by some of the journals. I move amongst these people, and +learn to know their true feelings, and when public journals tell you +that these people are satisfied with their lot, they tell you that +which they know to be false. Such journals are amongst the greatest +sources of danger that the country has. We are informed by certain +members that a proposition for the extension of the franchise must +come from the burghers, but according to the Franchise Law the +proposition must come from the Raad, and the public must consent. The +member for Rustenberg says that there are 9,338 burghers who have +declared that they are opposed to the extension of the franchise. +Upon reference to the Report, he will find that there are only 1,564 +opposed to the extension. Members appear afraid to touch upon the +real question at issue, but try to discredit the memorials by vague +statements that some of the signatures are not genuine, and the +former member for Johannesburg, Mr. J. Meyer, seems just as anxious +to discredit the people of Johannesburg as formerly he was to defend +them. + +The CHAIRMAN advanced many arguments in favour of granting the +franchise to the Uitlander, but nevertheless concluded by stating +that as the Raad with few exceptions were against the extension, he +would go with the majority. He was not, he said, averse to the +publication of Mr. Meyer's proposition, because the country would +have to decide upon it; still he could not favour the extension of +the franchise in the face of what had been said during the debate. +Let the Raad endeavour to lighten the burden of the alien in other +respects. Let the alien come to the Raad with his grievances, and let +the Raad give a patient ear unto him, but he really was not entitled +to the franchise. + +The PRESIDENT again counselled the Raad not to consent to the +publication of Mr. Meyer's proposal. He did not want it put to the +country. This business had been repeated from year to year until he +was tired of it. And why should they worry and weary the burghers +once more by asking them to decide upon Mr. Meyer's motion? There was +no need for it. There was no uncertainty about it. The burghers knew +their minds, and their will, which was supreme, was known. The way +was open for aliens to become burghers; let them follow that road and +not try to jump over the wall. They had the privilege of voting for +the Second Raad if they became naturalized, and could vote for +officials, and that was more than they could do in the Cape Colony. +In the Colony they could not vote for a President or any official. +They were all appointed. They could only vote for Raad members there. +And why should they want more power here all at once? What was the +cause of all this commotion? What were they clamouring for? He knew. +They wanted to get leave to vote for members of the First Raad, which +had the independence of the country under its control. He had been +told by these people that 'if you take us on the same van with you, +we cannot overturn the van without hurting ourselves as well as you.' +'_Ja_,' that was true, '_maar_,' the PRESIDENT continued, they could +pull away the reins and drive the van along a different route. + +Mr. JEPPE, again speaking, said there was one matter he must refer +to. That was his Honour's remarks about the petitioners, calling them +disobedient and unfaithful. The law compels no one to naturalize +himself. How then could these petitioners have disobeyed it? Of +course we should prefer them to naturalize. But can we be surprised +if they hesitate to do so? Mr. Loveday has told you what +naturalization means to them. + +The PRESIDENT agreed that these people were not obliged by law to +naturalize, but if they wanted burgher rights they should do so, when +they would get the franchise for the Second Raad; and upon their +being naturalized let them come nicely to the Raad and the Raad would +have something to go to the country with, and they would receive +fair treatment; but, if they refused naturalization and rejected the +Transvaal laws, could they expect the franchise? No. Let Mr. Jeppe go +back and give his people good advice, and if they were obedient to +the law and became naturalized they would not regret it; but he +could not expect his people to be made full burghers if they were +disobedient and refused naturalization. Let them do as he advised, +and he (the President) would stand by them and support them. + +Mr. JEPPE said: His Honour has again asked me to advise the people of +Johannesburg what to do regarding the extension of the franchise. He +says they must first naturalize and then come again. Then he holds +out hopes that their wishes will be met. Why then does he not support +Mr. Meyer's proposal, which affects naturalized people only? What +is it I am to advise the people of Johannesburg? I have had many +suggestions from different members. You, Mr. Chairman, seem to +support the hundred men from Lydenburg who suggest ten years' +residence as a qualification. Mr. Jan Meyer suggests that those who +came early to the goldfields should memorialize separately, and he +would support them. Others say that only those who are naturalized +should petition, and that if a few hundreds petitioned instead of +35,000, their reception would be different. Well, we have had one +petition here wherein all these conditions were complied with. It was +not signed by anyone who had not been here ten years, or who is not +naturalized, or who could at all be suspected of being unfaithful, +nor could any exception be taken to it on the ground of numbers, +since it was signed by one man only, Mr. Justice Morice, and yet it +was rejected. Gentlemen, I am anxiously groping for the light; but +what, in the face of this, am I to advise my people? + +Mr. JAN DE BEER endeavoured to refute Messrs. Jeppe's and Loveday's +statements, when they said a man could not become a full member until +he was forty. They were out of their reckoning, because a man did not +live until he was sixteen. He was out of the country. In the eyes of +the law he was a foreigner until he was sixteen. (Laughter.) The +member adduced other similar arguments to refute those of Messrs. +Jeppe and Loveday, causing much laughter. + +Mr. LOVEDAY replied to the President, especially referring to his +Honour's statement that he (Mr. Loveday) was wrong when he said that +a person would have to wait until he was forty before he could obtain +the full rights. He (Mr. Loveday) repeated and emphasized his +statements of yesterday. + +The CHAIRMAN said there was no doubt about it. What Mr. Loveday said +regarding the qualifications and how long a man would have to wait +until he was qualified to become a full burgher was absolutely +correct. It could not be contradicted. The law was clear on that +point. There was no doubt about it. + +Mr. JAN DE BEER: Yes; I see now Mr. Loveday is right, and I am wrong. +The law does say what Mr. Loveday said. It must be altered. + +The debate was closed on the third day, and Mr. Otto's motion to +accept the report of the majority of the Committee, to refuse the +request of the memoralists, and to refer them to the existing laws, +was carried by sixteen votes to eight. + + + + +APPENDIX G. + +TERMS OF DR. JAMESON'S SURRENDER. + + +_Sir Hercules Robinson to Mr. Chamberlain._ + +Received April 6, 1896. + + _Government House, Capetown, + March 16, 1896._ + +SIR, + +I have the honour to transmit for your information a copy of a +despatch from Her Majesty's Acting Agent at Pretoria, enclosing a +communication from the Government of the South African Republic, +accompanied by sworn declarations, respecting the terms of the +surrender of Dr. Jameson's force, a summary of which documents I +telegraphed to you on the 12th instant. + +At my request, Lieutenant-General Goodenough has perused these sworn +declarations, and informs me 'that,' in his opinion, 'Jameson's +surrender was unconditional, except that his and his people's lives +were to be safe so far as their immediate captors were concerned.' + + + I have, etc., + HERCULES ROBINSON, + _Governor and High Commissioner._ + +Enclosed in above letter. + +_From H. Cloete, Pretoria, to the High Commissioner, Capetown._ + + _Pretoria, March 11th, 1896._ + +SIR, + +I have the honour to enclose for the information of your Excellency a +letter this day received from the Government, a summary of which I +have already sent your Excellency by telegraph. + + I have, etc., + H. CLOETE. + + _Department of Foreign Affairs, + Government Office, Pretoria, + March 10, 1896._ + +Division A., R.A., 1056/1896, + B., 395/96. + +HONOURABLE SIR, + +I am instructed to acknowledge the receipt of the telegram from his +Excellency the High Commissioner to you, dated 6th instant, forwarded +on by you to his Honour the State President, and I am now instructed +to complete with further data my letter to you of 4th instant, B.B., +257/96, which I herewith confirm, containing the information which +the Government then had before it respecting the surrender, and which +was furnished in view of your urgent request for an immediate reply. + +In order to leave no room for the slightest misunderstanding, and to +put an end to all false representations, the Government has summoned +not only Commandant Cronjé, but also Commandant Potgieter, Commandant +Malan, Field-Cornet Maartens, Assistant Field-Cornet Van Vuuren, and +others, whose evidence appears to be of the greatest importance, and +places the matter in a clear and plain light. + +The information which the Government has found published in the +papers is of the following purport: + +'THE DOORNKOP SURRENDER: ALLEGED CORRESPONDENCE. + + '_London, Monday,_ 11.15 _a.m._ + +'Mr. Hawksley, the Chartered solicitor, who is defending Dr. Jameson, +published the following letter to-day, which passed between Sir John +Willoughby and Mr. Cronjé, the Dutch Commandant at the time of the +Krugersdorp surrender: + +'_From Willoughby to Commandant._ + +'"We surrender, providing you guarantee a safe conduct out of the +country for every member of the force." + +'_From Cronjé to Willoughby._ + +'"Please take notice, I shall immediately let our officers come +together to decide upon your communication." + +'_From Cronjé to Willoughby._ + +'"I acknowledge your letter. The answer is, If you will undertake to +pay the expenses you have caused to the Transvaal, and will lay down +your arms, then I will spare the lives of you and yours. Please send +me reply to this within thirty minutes."' + +I have now the honour to enclose for the information of His +Excellency the High Commissioner and the British Government sworn +declarations of: + +1. Commandant Cronjé, substantiated by Field-Cornet Maartens and +Assistant Field-Cornet Van Vuuren. + +2. Commandant Potgieter. + +3. Commandant Malan. + +4. J.S. Colliers, substantiated by B.J. Viljoen, and the interpreter, +M. J. Adendorff. + +These sworn declarations given before the State Attorney agree in all +the principal points, and give a clear summary of all the incidents +of the surrender, and from the main points thereof it appears, _inter +alia_: + +That the second letter, as published above, and which is alleged to +be from Cronjé to Willoughby, was not issued from Cronjé, but from +Commandant Potgieter, who has undoubtedly taken up the proper +standpoint, and has followed the general rule in matters of urgency, +such as the one in hand, and where the Commandant-General was not +present in person on the field of battle, first and before treating +wishing to consult with his co-commandants in as far as was possible. + +That a note such as appears in his declaration was sent by Commandant +Cronjé. + +That neither Commandant Malan nor Commandant Potgieter were present +at the despatch of it. + +That the reply thereon from Willoughby was received by Commandant +Cronjé, as appears in that declaration. + +That Commandant Cronjé then, in compliance with the note sent by +Commandant Potgieter, as well as the other commandants and officers +mentioned in the declaration of Cronjé, rode up. + +That Commandant Cronjé then explained his own note. + +That thereupon also Commandant Malan joined his co-commandants and +officers, and at this time Commandants Malan, Cronjé, and Potgieter +were present. + +That after consultation, and with the approval of Commandants Cronjé +and Potgieter, Commandant Malan, by means of the interpreter +Adendorff, had the following said to Dr. Jameson: + +'This is Commandant Malan. He wishes you distinctly to understand +that no terms can be made here. We have no right to make terms here. +Terms will be made by the Government of the South African Republic. +He can only secure your lives to Pretoria, until you are handed over +to Commandant-General at Pretoria.' + +That Dr. Jameson agreed to these terms and accepted them. + +That thereupon by order of Dr. Jameson the arms were then also laid +down. + +That Commandant Trichardt then appeared with the orders of the +Commandant-General to himself. + +It now appears that these orders are those which were contained in +the telegram of which I already sent you a copy by my above-quoted +letter of the 4th March, 1896, and which, after the final regulation +of matters such as had then taken place, was not further acted upon +because as regards the surrender negotiations were in fact carried on +in accordance with the orders of the Commandant-General. + +While putting aside the question of the surrender there is little to +be said about the other points contained in the telegram under reply, +there is one which is considered of sufficient importance by this +Government to even still draw the attention of His Excellency the +High Commissioner thereto. His Excellency says: 'I may therefore +explain that an armistice had been agreed to pending my arrival.' + +The Government here can only think of one other misunderstanding, +they having at the time of the disturbances at Johannesburg never +recognized any acting party, for which reason therefore the +concluding of an armistice was an impossibility. + +In conclusion, I have to tender thanks both to His Honour the +Secretary of State and His Excellency the High Commissioner for the +unprejudiced manner in which they, as against insinuations of a low +character, have made known their feelings with respect to the good +faith shown by His Honour the State President in his negotiations in +connection with the question of the surrender of Dr. Jameson's force. + + I have, etc., + C. VAN BOESCHOTEN, + _Acting State Secretary_. + + _His Honour H. Cloete, + Acting British Agent, Pretoria._ + +_Appeared before me,_ HERMANUS JACOB COSTER, _State Attorney and +ex-officio J.P. of the South African Republic_, PIETER ARNOLDUS +CRONJÉ, _Commandant of the Potchefstroom District, who makes oath and +states:_ + +I was, together with H.P. Malan (Commandant of the Rustenburg +District), and F.J. Potgieter (Commandant of the Krugersdorp +District), one of the commanding officers of the burgher forces +in the fights against Jameson. When I noticed the white flag, I +instantly ordered De la Rey to approach the enemy. Instead of De la +Rey, Hans Klopper, one of the men of Commandant Potgieter, went. He +brought back a note from Willoughby to me. The contents of the note +were that if we left them to themselves he promised to withdraw over +the boundary. In reply I sent him per Hans Klopper the following +note: + +'John Willoughby,--I acknowledge your note, and this serves as reply, +that if you guarantee the payment of the expenses which you have +occasioned the South African Republic and surrender your flag +together with your weapons I will spare the life of you and yours. +Please send reply within thirty minutes.' + +When this reply was written by me neither Malan nor Potgieter were +present. Thereupon he answered that he accepted the terms, and +surrendered himself fully with all his arms into my hands. After +receiving Willoughby's answer, I rode to Jameson's troops in order to +meet the other commandants, in accordance with a note sent by +Commandant Potgieter to the enemy. I went with Field-Cornets Maartens +and Van Vuuren to Jameson's troops, and met Jameson. When I met him +I gave him to clearly understand our agreement namely that he must +plainly understand that the last clause was that I guaranteed his +life and that of his men until I had handed him over to General +Joubert. Thereupon I asked him if he was willing to lay down his flag +and his arms, to which he replied, 'I have no flag; I am willing to +lay down my arms.' Thereupon I asked him if he could declare upon +oath that he had no flag, whereupon he declared under oath that he +had no flag. Then Commandant Malan arrived, and then the three +commanding officers, Malan, Potgieter and I, were present on the +spot. + +Before I began speaking to Malan, Jameson called Willoughby to be +present. Thereupon Malan and I spoke together about the surrender +of Jameson. Whereupon Malan said, 'We can't decide anything here. +Jameson must surrender unconditionally, and he must be plainly given +to understand that we cannot guarantee his life any longer than till +we have handed him over to General Joubert.' I fully agreed with +Malan, and the interpreter Adendorff was then instructed by the three +commandants jointly to convey plainly in English to Jameson what the +three commandants had agreed upon. After this had been done, Jameson +bowed, took his hat off, and said in English that he agreed to the +terms. Thereupon he issued orders to Willoughby to command the +subordinate officers to lay down their arms. Then the arms were laid +down. Later on, after the arms had been laid down, Commandant +Trichardt arrived with orders from the Commandant-General, and his +terms were the same as those we had already laid down. + + + P.A. CRONJÉ. + +Sworn before me on this 7th day of March, 1896. + + +H. J. COSTER, +_State Attorney and Ex-officio J.P._ + + * * * * * * * + +We, the undersigned, Jan. Thos. Maartens, Field-Cornet of the Ward +Gatsrand, District Potchefstroom, and Daniel Johannes Jansen van +Vuuren, Assistant Field-Cornet of the Ward Bovenschoonspruit, declare +under oath that we were present at everything stated in the foregoing +sworn declaration of Commandant P.A. Cronjé, and that that +declaration is correct and in accordance with the truth. + + + JAN. MAARTENS, + D.J.J. VAN VUUREN. + +Sworn before me on this the 7th day of March, 1896. + + + H. J. COSTER, + _State-Attorney and ex-officio J.P._ + + * * * * * * * + +_Appeared before me_, HERMANUS JACOB COSTER, _State Attorney and +ex-officio J.P. of the South African Republic_, FREDERICK JACOBUS +POTGIETER, _Commandant of the Krugersdorp District, who makes oath +and states:_ + +On the morning of January 2, I received a written report from the +enemy in which was stated that he would surrender, but that he must +be allowed to go back over the line. I answered thereon in writing +that I would call the officers together and would then immediately +notify him. The report received by me I immediately transmitted to +Commandant Cronjé. A short time after I saw Commandant Cronjé with +the burghers going towards the enemy. I thereupon also went towards +the enemy and met Commandant Cronjé there. I then attended the +discussion as set forth in the declaration given by J.T. Celliers, +dated March 6, 1896, and confirmed by Messrs. Michiel Joseph +Adendorff and Benjamin Johannes Vilgoen. + +The purport of that discussion is correctly rendered. + + + F.J. POTGIETER, + _Commandant, Krugersdorp_. + +This sworn before me on this the 6th day of March, 1896. + + H.J. COSTER, + _State Attorney and ex-officio J.P._ + + * * * * * * * + +_Appeared before me_, HERMANUS JACOB COSTER, _State Attorney and +ex-officio J.P. of the South African Republic_, HERCULES PHILIPPUS +MALAN, _who makes oath and states:_ + +I was together with P.A. Cronjé, Commandant of the Krugersdorp +District, one of the commanding forces in the fights against Jameson. +On the morning of January 2, a despatch rider from Commandant +Potgieter came up and informed me that Jameson had hoisted the white +flag, and that I must quickly attend a meeting with the other +commandants. When I came up to Jameson I found Cronjé and Potgieter +there; and, as I saw that Cronjé had been speaking to Jameson, I +asked Cronjé 'What is the subject you have been speaking about? I +also wish to know it.' Cronjé told me that he had agreed with Jameson +that Jameson would pay the expenses incurred by the State, and that +he (Cronjé) would spare the lives of Jameson and his people till +Pretoria was reached. + +Thereupon I answered, 'We cannot make any terms here. We have not the +power to do so. Jameson must surrender unconditionally, and we can +only guarantee his life until he is delivered over by us into the +hands of the Commandant-General. Then he will have to submit to the +decision of the Commandant-General and the Government.' When I had +said this, Commandant Potgieter answered, 'I agree with that.' +And Commandant Cronjé said, 'So be it, brothers.' Thereupon the +interpreter (Adendorff) was instructed to translate to Jameson +what had been spoken. He did so. Jameson thereupon took off his hat, +bowed, and replied in English that he agreed thereto. Jameson then +ordered Willoughby, who was present from the moment that I arrived, +to command the subordinate officers to disarm the men, and thereupon +the arms were given up. + + +H.P. MALAN, _Commandant._ + +Sworn before me on this the 9th day of March, 1896. + + + H.J. COSTER, + _State Attorney and ex-oficio J.P._ + + * * * * * * * + +_Appeared before me_, HERMANUS JACOB COSTER, _State Attorney and +ex-officio J.P. of the South African Republic_, JAN STEPHANOS +CELLIERS, _of Pretoria, who makes oath and states:_ + +I came up to Jameson and his troops on the second of January (after +Jameson had hoisted the white flag), together with B.G. Viljoen, +Krugersdorp, and another Viljoen, whose place of residence is unknown +to me. I asked one of Jameson's troopers where he was. He showed me +the direction and the place where Jameson was. Jameson thereupon +approached me, and I greeted him. While this took place Commandant +Cronjé, the interpreter (Adendorff), and another man whose name is +unknown to me, came. Cronjé was thereupon introduced by Adendorff, +who spoke English, to Jameson. Thereupon Cronjé said to Jameson, 'I +understand that you and your men will surrender yourselves with your +flag and everything you possess?' Jameson said thereupon, 'I fight +under no flag.' + +Cronjé then replied, 'Then I must believe you upon your word that +you have no flag?' Jameson then said, 'I declare under oath that I +possess no flag.' This conversation was interpreted word for word by +Adendorff. Shortly afterwards Commandant Malan also arrived there. He +asked, 'What is up here? Tell me the news also.' Then Cronjé told +Malan that Jameson would surrender conditionally, whereupon Malan +said in effect, 'There can be no question of a conditional surrender +here, because we have no right to make terms. The surrender must take +place unconditionally. If terms must be made, it must take place at +Pretoria. We can only guarantee his life and that of his men as long +as they are under us, and until the moment when they are handed over +to the Commandant.' + +General Cronjé answered thereupon, 'So be it, brother.' Then +Adendorff asked if he had to interpret this to Jameson, whereupon +Malan said, 'Yes,' and thereupon said in English to Jameson, 'This +is Commandant Malan. He wishes you to distinctly understand that no +terms can be made here. We have no right to make terms here. Terms +will be made by the Government of the South African Republic. He can +only secure your lives to Pretoria, until you are handed over to the +Commandant-General at Pretoria.' + +In reply, Jameson took off his hat, bowed, stepped backwards and +said, 'I accept your terms.' Thereupon Jameson ordered Willoughby to +command the subordinate officers that the troopers should lay down +their arms. The arms were then laid down. + + +J.S. CELLIERS. + +Sworn before me on the 6th March, 1896. + + + H.J. COSTER, + _State-Attorney and ex-officio J.P._ + +We, the undersigned, Benjamin Johannes Viljoen and Michiel Joseph +Adendorff, the persons mentioned in the preceding declaration, +declare under oath that the facts stated therein, which we witnessed, +as stated above, are true and correct. + + + B.J. VILJOEN. + M.J. ADENDORFF. + +Sworn before me on the 6th March, 1896. + + + H.J. COSTER, + _State-Attorney and ex-officio J.P._ + + * * * * * * * + + +COLONIAL OFFICE TO WAR OFFICE. + +_Downing Street, April 21, 1896._ + +SIR, + +I am directed by Mr. Secretary Chamberlain to request that you will +lay before the Marquis of Lansdowne the undermentioned papers on the +subject of the surrender of Dr. Jameson's force to the Boers. + +1. A despatch from Sir Hercules Robinson, enclosing sworn +declarations taken by the Government of the South African Republic. +A telegraphic summary of these declarations was laid before Dr. +Jameson, whose observations are contained in-- + +2. A letter from the solicitor for Dr. Jameson and his fellow +defendants. + +3. A despatch from Sir Hercules Robinson, enclosing a sworn +statement. + +Lord Lansdowne will observe from Sir H. Robinson's despatch of the +16th March that the declarations taken by the Government of the South +African Republic were submitted to the General Officer commanding at +the Cape, who gave his opinion that the surrender was unconditional. + +Mr. Chamberlain would be obliged if Lord Lansdowne would submit these +papers to his military advisers, and obtain from them their opinion +as to the terms of the surrender, which Mr. Chamberlain thinks was +completed on Sir John Willoughby's acceptance of Commandant Cronjé's +terms, and was therefore subject to these terms and conditions. + + + I am, etc., + R. H. MEADE. + + * * * * * * * + + +WAR OFFICE TO COLONIAL OFFICE. + +Received April 28, 1896. + + _War Office, London, S.W., + April 27, 1896._ + +SIR, + +I am directed by the Secretary of State for War to acknowledge +receipt of your letter of the 21st inst., on the subject of the +surrender of Dr. Jameson's force to the Boers. + +In reply, the Marquis of Lansdowne, having consulted with his +military adviser, desires me to observe that, whatever position Mr. +Cronjé may hold in the Transvaal army, he decidedly on the occasion +in question acted as an officer in authority, and guaranteed the +lives of Dr. Jameson and all his men if they at once laid down their +arms. + +The terms prescribed were accepted by Dr. Jameson's force, and they +surrendered and laid down their arms, and no subsequent discussion +amongst the Transvaal officers could retract the terms of this +surrender. + +I am therefore to acquaint you, for the information of the Secretary +of State for the Colonies, that the Secretary of State for War +concurs with Mr. Chamberlain in considering that the surrender was +completed on Sir John Willoughby's acceptance of Commandant Cronjé's +terms, and was subject to these terms and conditions. + + I am, etc, + ARTHUR L. HALIBURTON. + + + + +APPENDIX H. + +SIR JOHN WILLOUGHBY'S REPORT TO THE WAR OFFICE. + + +The subjoined document is printed in the form in which it was +supplied to the author by a journalist, to whom it had been given as +a fair statement of the case. The marginal remarks are the notes made +by a member of the Reform Committee to whom it was shown. + +OFFICIAL REPORT OF THE EXPEDITION THAT LEFT THE PROTECTORATE AT THE +URGENT REQUEST OF THE LEADING CITIZENS OF JOHANNESBURG WITH THE +OBJECT OF STANDING BY THEM AND MAINTAINING LAW AND ORDER WHILST THEY +WERE DEMANDING JUSTICE FROM THE TRANSVAAL AUTHORITIES. By SIR JOHN C. +WILLOUGHBY, BART., Lieutenant-Colonel Commanding Dr. Jameson's +Forces. + +[After they had dated the 'urgent' letter, and had wired to Dr. +Harris (December 27): 'We will make our own notation by the aid +of the letter which I shall publish.'] + +On Saturday, December 28, 1895, Dr. Jameson received a Reuter's +telegram showing that the situation at Johannesburg had become acute. +At the same time reliable information was received that the Boers in +the Zeerust and Lichtenburg districts were assembling, and had been +summoned to march on Johannesburg. + +[The same time as he got the telegrams from Johannesburg and +messages by Heany and Holden on no account to move.] + +Preparations were at once made to act on the terms of the letter +dated December 20, and already published, and also in accordance with +verbal arrangements with the signatories of that letter--viz., that +should Dr. Jameson hear that the Boers were collecting, and that the +intentions of the Johannesburg people had become generally known, +he was at once to come to the aid of the latter with whatever force +he had available, and without further reference to them, the object +being that such force should reach Johannesburg without any conflict. + +[Twaddle--in the face of Hammond's, Phillips's and Sam Jameson's +wire not to move] + +At 3 p.m. on Sunday afternoon, December 29, everything was in +readiness at Pitsani Camp. + +The troops were paraded, and Dr. Jameson read the letter of +invitation from Johannesburg. + +He then explained to the force _(a)_ that no hostilities were +intended; _(b)_ that we should only fight if forced to do so in +self-defence; _(c)_ that neither the persons nor property of +inhabitants of the Transvaal were to be molested; _(d)_ that our sole +object was to help our fellow-men in their extremity, and to ensure +their obtaining attention to their just demands. + +Dr. Jameson's speech was received with the greatest enthusiasm by the +men, who cheered most heartily. + +The above programme was strictly adhered to until the column was +fired upon on the night of the 31st. + +Many Boers, singly and in small parties, were encountered on the line +of march; to one and all of these the pacific nature of the +expedition was carefully explained. + +[Start from Pitsani.] + +The force left Pitsani Camp at 6.30 p.m., December 29, and marched +through the night. + +At 5.15 a.m. on the morning of the 30th the column reached the +village of Malmani (39 miles distant from Pitsani). + +[Junction effected at Malmani with B.B.P.] + +Precisely at the same moment the advanced guard of the Mafeking +Column (under Colonel Grey) reached the village, and the junction was +effected between the two bodies. + +For details of the composition of the combined force, as also for +general particulars of the march to Krugersdorp, see sketch of the +route and schedule attached (marked A. and B. respectively). + +[Defile at lead-mines passed.] + +From Malmani I pushed on as rapidly as possible in order to cross in +daylight the very dangerous defile at Lead Mines. This place, distant +71 miles from Pitsani, was passed at 5.30 p.m., December 30. + +I was subsequently informed that a force of several hundred Boers, +sent from Lichtenburg to intercept the force at this point, missed +doing so by three hours only. + +[Letter from Commandant-General.] + +At our next 'off-saddle' Dr. Jameson received a letter from the +Commandant-General of the Transvaal demanding to know the reason of +our advance, and ordering us to return immediately. A reply was sent +to this, explaining Dr. Jameson's reasons in the same terms as those +used to the force at Pitsani. + +[Letter from High Commissioner.] + +At Doornport (91 miles from Pitsani), during an 'off-saddle' early on +Tuesday morning, December 31, a mounted messenger overtook us, and +presented a letter from the High Commissioner, which contained an +order to Dr. Jameson and myself to return at once to Mafeking and +Pitsani. + +[Reasons for not retreating.] + +A retreat by now was out of the question, and to comply with these +instructions an impossibility. In the first place, there was +absolutely no food for men or horses along the road which we had +recently followed; secondly, three days at least would be necessary +for our horses, jaded with forced marching, to return; on the road +ahead we were sure of finding, at all events, some food for man and +beast. Furthermore, we had by now traversed almost two-thirds of the +total distance; a large force of Boers was known to be intercepting +our retreat, and we were convinced that any retrograde movement would +bring on an attack of Boers from all sides. + +It was felt, therefore, that to ensure the safety of our little +force, no alternative remained but to push on to Krugersdorp to our +friends, who we were confident would be awaiting our arrival there. + +Apart from the above considerations, even had it been possible to +effect a retreat from Doornport, we knew that Johannesburg had risen, +and felt that by turning back we should be shamefully deserting those +coming to meet us. + +[They could not possibly _know_ it, because the rising--_i.e._ +the public arming and moving of men--only began at the very hour +they claim to have _known_ it, and because the first news from +Johannesburg only reached them 24 hours later by the two cyclists +'Oh what a tangled web we weave, when--'] + +Finally, it appeared to us impossible to turn back, in view of the +fact that we had been urgently called in to avert a massacre, which +we had been assured would be imminent in the event of a crisis such +as had now occurred. + +[_Vide_ the telegrams and messages to stop! How noble!] + +[Boer scouts.] + +Near Boon's store, on the evening of the 31st, an advanced patrol +fell in with Lieutenant Eloff, of the Krugersdorp Volunteers. This +officer, in charge of a party of 15 scouts, had come out to gain +intelligence of our movements. He was detained whilst our intentions +were fully explained to him, and then released at Dr. Jameson's +request. + +[First skirmish New Year's Eve.] + +At midnight (New Year's Eve), while the advanced scouts were crossing +a rocky wooded ridge at right angles to and barring the line of +advance, they were fired on by a party of 40 Boers, who had posted +themselves in this position. The scouts, reinforced by the advanced +guard, under Inspector Straker, drove off their assailants after a +short skirmish, during which one trooper of the M.M.P. was wounded. + +At Van Oudtshoorn's, early on the following morning (January 1), Dr. +Jameson received a second letter from the High Commissioner, to which +he replied in writing. + +At 9.30 a.m. the march was resumed in the usual day formation. After +marching two miles, the column got clear of the hills and emerged +into open country. + +[10.15 a.m.] + +About this time Inspector Drury, in command of the rearguard, sent +word that a force of about 100 Boers was following him about one mile +in rear. I thereupon reinforced the rearguard, hitherto consisting of +a troop and one Maxim, by an additional half-troop and another Maxim. + +[11 a.m.] + +About 5 miles beyond Van Oudtshoorn's store the column was met by two +cyclists bearing letters from several leaders of the Johannesburg +Reform Committee. These letters expressed the liveliest approval and +delight at our speedy approach, and finally contained a renewal of +their promise to meet the column with a force at Krugersdorp.{55} The +messengers also reported that only 300 armed Boers were in the town. + +This news was communicated to the troops, who received it with loud +cheers. + +When within two miles of Hind's store, the column was delayed by +extensive wire-fencing, which ran for one and a half miles on either +side of the road, and practically constituted a defile. + +While the column was halted and the wire being cut, the country for +some distance on both sides was carefully scouted. + +By this means it was ascertained that there was a considerable force +of Boers (1) on the left front, (2) in the immediate front +(retreating hastily on Krugersdorp), (3) a third party on the right +flank. + +The force which had been following the column from Van Oudtshoorn's +continued to hover in the rear. + +Lieutenant-Colonel White, in command of the advanced guard, sent back +a request for guns to be pushed forward as a precaution in case of +an attack from the Boers in front. By the time these guns reached the +advanced guard, the Boers were still retreating some two miles off. A +few rounds were then fired in their direction. Had Colonel White, in +the first instance, opened fire with his Maxims on the Boers, whom he +surprised watering their horses close to Hind's store, considerable +loss would have been inflicted; but this was not our object, for with +the exception of the small skirmish on the previous night, the Boers +had not as yet molested the column, whose sole aim was to reach +Johannesburg if possible without fighting. + +[1.30 p.m.] + +At this hour Hind's store was reached. + +Here the troops rested for one and a half hours. + +Unfortunately, hardly any provisions for men and horses were +available. + +[3 p.m.] + +An officers' patrol, consisting of Major Villiers (Royal Horse +Guards) and Lieutenant Grenfell (1st Life Guards) and six men, moved +off for the purpose of reconnoitring the left flank of the Boer +position, while Captain Lindsell, with his permanent force of +advanced scouts, pushed on as usual to reconnoitre the approach by +the main road. At the same time I forwarded a note to the Commandant +of the forces in Krugersdorp to the effect that, in the event of my +friendly force meeting with opposition on its approach, I should be +forced to shell the town, and that therefore I gave him this warning +in order that the women and children might be moved out of danger. + +[Friendly!] + +To this note, which was despatched by a Boer who had been detained at +Van Oudtshoorn, I received no reply. + +At Hind's store we were informed that the force in our front had +increased during the forenoon to about 800 men, of whom a large +number were entrenched on the hillside. + +[4.30 p.m.] + +Four miles beyond Hind's store, the column following the scouts, +which met with no opposition, ascended a steep rise of some 400 feet, +and came full in view of the Boer position on the opposite side of +a deep valley, traversed by a broad "sluit" or muddy water course. + +Standing on the plateau or spur, on which our force was forming up +for action, the view to our front was as follows: + +Passing through our position to the west ran the Hind's +store--Krugersdorp Road traversing the valley and the Boer position +almost at right angles to both lines. + +Immediately to the north of this road, at the point where it +disappeared over the sky-line on the opposite slope, lay the Queen's +Battery House and earthworks, completely commanding the valley on all +sides and distant 1,900 yards from our standpoint. + +Some 1,000 yards down the valley to the north stood a farmhouse, +surrounded by a dense plantation, which flanked the valley. + +Half-way up the opposite slope, and adjacent to the road, stood an +iron house which commanded the drift where the road crossed the +above-mentioned watercourse. + +On the south side of the road, and immediately opposite the +last-named iron house, an extensive rectangular stone wall enclosure +with high trees formed an excellent advanced central defensive +position. Further up the slope, some 500 yards to the south of this +enclosure, stretched a line of rifle-pits, which were again flanked +to the south by 'prospecting' trenches. On the sky-line numbers of +Boers were apparent to our front and right front. + +Before reaching the plateau we had observed small parties of Boers +hurrying towards Krugersdorp, and immediately on reaching the high +ground the rearguard was attacked by the Boer force which had +followed the column during the whole morning. + +I therefore had no further hesitation in opening fire on the +Krugersdorp position. + +[4.30 p.m.] + +The two seven-pounders and the 12-1/2 pounder opened on the Boer +line, making good practice under Captain Kincaid-Smith and Captain +Gosling at 1,900 yards. + +[It must have been here that the waggon-loads of dead Boers +weren't found.] + +[5 p.m.] + +This fire was kept up until 5 p.m. The Boers made practically no +reply, but lay quiet in the trenches and battery. + +Scouts having reported that most of the trenches were evacuated, the +first line consisting of the advanced guard (a troop of 100 men), +under Colonel White advanced. Two Maxims accompanied this force; a +strong troop with a Maxim formed the right and left supports on +either flank. + +Lieutenant-Colonel Grey, with one troop B.B.P. and one Maxim, had +been previously detailed to move round and attack the Boers' left. + +The remaining two troops, with three Maxims, formed the reserve and +rearguard. + +The first line advance continued unopposed to within 200 yards of the +watercourse, when it was checked by an exceedingly heavy cross-fire +from all points of the defence. + +Colonel White then pushed his skirmishers forward into and beyond the +watercourse. + +The left support under Inspector Dykes then advanced to prolong the +first line to the left, but, diverging too much to his left this +officer experienced a very hot flanking fire from the farmhouse and +plantation, and was driven back with some loss. + +Colonel Grey meanwhile had pushed round on the extreme right and come +into action. + +[5.30 p.m.] + +About this time Major Villiers' patrol returned and reported that the +country to our right was open, and that we could easily move round in +that direction. + +It was now evident that the Boers were in great force, and intended +holding their position. + +Without the arrival of the Johannesburg force in rear of the +Boers--an event which I had been momentarily expecting--I did not +feel justified in pushing a general attack, which would have +certainly entailed heavy losses on my small force. + +[When Celliers and Rowlands left them at 11 a.m. they had not +expected anyone. _Vide_ Cellier's report and Colonel H.E. White's +letter.] + +[6.15 p.m.] + +I accordingly left Inspector Drury with one troop and one Maxim to +keep in check the Boers who were now lining the edge of the plateau +to our left, and placed Colonel Grey with two troops B.B.P., one +12-1/2 pounder, and one Maxim to cover our left flank and continue +firing on the battery and trenches south of the road. + +I then made a general flank movement to the right with the remaining +troops. + +Colonel Grey succeeded in shelling the Boers out of their advanced +position during the next half-hour, and blew up the battery house. + +[Flank movement.] + +Under this cover the column moved off as far as the first houses +of the Randfontein group of mines, the Boers making no attempt to +intercept the movement. + +Night was now fast approaching, and still there were no signs of the +promised help from Johannesburg. I determined, therefore, to push +on with all speed in the direction of that town, trusting in the +darkness to slip through any intervening opposition. + +Two guides were obtained, the column formed in the prescribed night +order of march, and we started off along a road leading direct to +Johannesburg. + +At this moment heavy rifle and Maxim fire was suddenly heard from the +direction of Krugersdorp, which lay 1-1/2 miles to the left rear. + +We at once concluded that this could only be the arrival of the +long-awaited reinforcements, for we knew that Johannesburg had +Maxims, and that the Staats'-Artillerie were not expected to arrive +until the following morning. To leave our supposed friends in the +lurch was out of the question. I determined at once to move to their +support. + +[Long awaited! Why, this was only 6 hours since the cyclists left.] + +Leaving the carts escorted by one troop on the road I advanced +rapidly across the plateau towards Krugersdorp in the direction of +the firing, in the formation shown in the accompanying sketch. + +After advancing thus for nearly a mile the firing ceased, and we +perceived the Boers moving in great force to meet the column. The +flankers on the right reported another force threatening that flank. + +Fearing that an attempt would be made to cut us off from the +ammunition carts, I ordered a retreat on them. + +It was now clear that the firing, whatever might have been the cause +thereof, was not occasioned by the arrival of any force from +Johannesburg. + +[This is really magnificent!] + +Precious moments had been lost in the attempt to stand by our friends +at all costs, under the mistaken supposition that they could not fail +to carry out their repeated promises,{56} renewed to us by letter so +lately as 11 a.m. this same day. It was now very nearly dark. In +the dusk the Boers could be seen closing in on three sides--viz., +north, east, and south. The road to Johannesburg appeared completely +barred, and the last opportunity of slipping through, which had +presented itself an hour ago when the renewed firing was heard, was +gone not to return. + +[Bivouac, January 1.] + +Nothing remained but to bivouac in the best position available. + +But for the unfortunate circumstance of the firing, which we +afterwards heard was due to the exultation of the Boers at the +arrival of large reinforcements from Potchefstroom, the column would +have been by this time (7 p.m.) at least four or five miles further +on the road to Johannesburg, with an excellent chance of reaching +that town without further opposition. + +I moved the column to the edge of a wide vley to the right of the +road, and formed the horses in quarter-column under cover of the +slope. The carts were formed up in rear and on both flanks, and five +Maxims were placed along the front so as to sweep the plateau. + +The other three Maxims and the heavy guns were posted on the rear and +flank faces. + +The men were then directed to lie down between the guns and on the +side; sentries and cossack posts were posted on each face. +Meantime the Boers had occupied the numerous prospecting trenches and +cuttings on the plateau at distances from 400 to 800 yards. + +[9 p.m.] + +At 9 p.m. a heavy fire was opened on the bivouac, and a storm of +bullets swept over and around us, apparently directed from all sides +except the south-west. + +The troops were protected by their position on the slope below the +level of the plateau, so that the total loss from this fire, which +lasted about twenty minutes, was very inconsiderable. + +The men behaved with admirable coolness, and were as cheery as +possible, although very tired and hungry and without water. + +We were then left unmolested for two or three hours. + +[Midnight.] + +About midnight another shower of bullets was poured into the camp, +but the firing was not kept up for long. + +Somewhat later a Maxim gun opened on the bivouac, but failed to get +our range. + +[Thursday, January 2.] + +At 3.30 a.m. patrols were pushed out on all sides, while the force as +silently and rapidly as possible was got ready to move off. + +At 4 a.m. a heavy fire was opened by the Boers on the column, and the +patrols driven in from the north and east sides. + +Under the direction of Major R. White (assisted by Lieutenant +Jesser-Coope) the column was formed under cover of the slope. + +Soon after this the patrols which had been sent out to the south +returned, and reported that the ground was clear of the Boers in that +direction. + +The growing light enabled us to ascertain that the Boers in force +were occupying pits to our left and lining the railway embankment +for a distance of one and a half miles right across the direct road +to Johannesburg. + +I covered the movements of the main body with the B.B.P. and two +Maxims under Colonel Grey along the original left front of the +bivouac, and two troops M.M.P., under Major K. White on the right +front. + +During all this time the firing was excessively heavy; however the +main body was partially sheltered by the slope. + +Colonel White then led the advance for a mile across the vley without +casualty, but on reaching the opposite rise near the Oceanic Mine, +was subjected to a very heavy long-range fire. Colonel White hereupon +very judiciously threw out one troop to the left to cover the further +advance of the main body. + +This was somewhat delayed, after crossing the rise, by the +disappearance of our volunteer guide of the previous night. + +Some little time elapsed before another guide could be obtained. + +In the meantime, Lieutenant-Colonel Grey withdrew his force and the +covering Maxims out of action under the protection of the M.M.P. +covering troops, and rejoined the main body. + +[5 a.m.] + +At this juncture Colonel Grey was shot in the foot, but most +gallantly insisted on carrying on his duties until the close of the +action. + +Sub-Inspector Cazalet was also wounded here, but continued in action +until he was shot again in the chest at Doornkop. + +While crossing the ridge the column was subjected to a very heavy +fire, and several men and horses were lost here. + +I detailed a rearguard of one troop and two Maxims, under Major R. +White, to cover our rear and left flank, and move the remainder of +the troops in the ordinary day formation as rapidly forward as +possible. + +In this formation a running rear and flank guard fight was kept up +for ten miles. Wherever the features of the ground admitted, a stand +was made by various small detachments of the rear and flank guard. +In this manner the Boers were successfully kept a distance of 500 +yards, and repulsed in all their efforts to reach the rear and flank +of the main body. + +In passing through the various mines and the village of Randfontein +we met with hearty expressions of goodwill from the mining +population, who professed a desire to help if only they had arms. + +[8 a.m.] + +Ten miles from the start I received intelligence from Colonel Grey, +at the head of the column, that Doornkop, a hill near the +Speitfontein mine, was held by 400 Boers, directly barring our line +of advance. + +I repaired immediately to the front, Colonel White remaining with the +rear-guard. + +On arriving at the head of the column, I found the guns shelling a +ridge which our guide stated was Doornkop. + +The excellent dispositions for the attack made by Colonel Grey were +then carried out. + +The B.B.P., under Major Coventry, who I regret to say was severely +wounded and lost several of his men, attacked and cleared the ridge +in most gallant style and pushed on beyond it. + +About this time Inspector Barry received the wound which we have +learnt with grief has subsequently proved fatal. + +Chief-Inspector Bodle at the same time, with two troops M.M.P., +charged, and drove off the field a large force of Boers threatening +our left flank. + +The guide had informed us that the road to the right of the hill was +impassable, and that there was open and easy country to the left. + +This information was misleading. I afterwards ascertained that +without storming the Boer position there was no road open to +Johannesburg except by a wide detour of many miles to the right. + +[8.30 a.m.] + +At this moment Dr. Jameson received a letter from the High +Commissioner again ordering us to desist in our advance. Dr. Jameson +informed me at the same time of the most disheartening news, viz., +that he had received a message stating that Johannesburg would not +or could not come to our assistance, and that we must fight our way +through unaided. + +Thinking that the first ridge now in our hands was Doornkop, we again +pushed rapidly on, only to find that in rear of the ridge another +steep and stony kopje, some 400 feet in height, was held by hundreds +of Boers completely covered from our fire. + +This kopje effectually flanked the road over which the column must +advance at a distance of 400 yards. Scouting showed that there was no +way of getting round this hill. + +Surrounded on all sides by the Boers, men and horses wearied out, +outnumbered by at least six to one, our friends having failed to +keep their promises to meet us, and my force reduced numerically +by one-fourth, I no longer considered that I was justified in +sacrificing any more of the lives of the men under me. + +[Wonderfully considerate! seeing how they deliberately risked the +lives of thousands in Johannesburg when they started.] + +As previously explained, our object in coming had been to render +assistance, without bloodshed if possible, to the inhabitants of +Johannesburg. This object would in no way be furthered by a hopeless +attempt to cut our way through overwhelming numbers, an attempt, +moreover which must without any doubt have entailed heavy and useless +slaughter. + +[9.15 a.m.] + +With Dr. Jameson's permission, I therefore sent word to the +Commandant that we would surrender provided that he would give a +guarantee of safe conduct out of the country to every member of the +force. + +To this Commandant Cronjé replied by a guarantee of the lives of all, +provided that we would lay down our arms and pay all expenses. + +In spite of this guarantee of the lives of all, Commandant Malan +subsequently repudiated the guarantee in so far as to say that he +would not answer for the lives of the leaders, but this was not until +our arms had been given up and the force at the mercy of the Boers. + +I attribute our failure to reach Johannesburg in a great measure to +loss of time from the following causes: + +(1) The delay occasioned by the demonstration in front of +Krugersdorp, which had been assigned as the place of junction with +the Johannesburg force. + +(2) The non-arrival of that force at Krugersdorp or of the guides to +the Krugersdorp-Johannesburg section of the road, as previously +promised by Johannesburg. + +(3) The delay consequent on moving to the firing of the supposed +Johannesburg column just before dark on Wednesday evening. + +[How is it that nothing was said of this to Celliers and Rowland; +nothing in the Letter of Colonel White and Dr. Jameson which they +wrote at 11 a.m. Wednesday; nothing in the message sent by Bugler +Vallé, who was despatched on Thursday before daybreak _after_ the +Krugersdorp light? How is it that if the forces were to meet at +Krugersdorp Dr. Jameson telegraphed to Dr. Wolff to meet him +_en route,_ so as to decide whether to turn off _20 miles before +reaching Krugersdorp_ and march direct on Pretoria or go into +Johannesburg first?] + +I append (1) a sketch-map of the route from Pitsani to Krugersdorp, +marked A. This distance (154 miles) was covered in just under 70 +hours, the horses having been off-saddled ten times. The 169 miles +between Pitsani and Doornkop occupied 86 hours, during 17 of which +the men were engaged with the Boers, and were practically without +food or water, having had their last meal at 8 a.m. on the morning of +the 1st January at Van Oudtshoorn's, 17 miles from Krugersdorp. + +The average weight carried by each horse was 16 stone. + +(2) List of officers engaged in the expedition and composition of the +force marked B. From this it will be seen that there was a total of +494 men and officers (exclusive of staff). + +(3) Plans of engagements at Krugersdorp and Doornkop, and of the +bivouac on the night of January 1st. + +I cannot close this narrative without testifying to the very great +gallantry and endurance of all officers, non-commissioned officers, +and troopers under my command in the field and on the march under +most trying circumstances. + +COMPOSITION OF FORCE. + + Lieutenant-Colonel Sir John Willoughby, Royal + Horse Guards Commanding. + Major Hon. Robert White, Royal Welsh + Fusiliers Senior Staff Officer. + Major C. Hyde Villiers, Royal Horse Guards Staff Officer. + Captain Kincaid-Smith, Royal Artillery Artillery Staff Officer. + Captain Kennedy, B.S.A.C.'s Service Quartermaster. + Captain E. Holden, Derbyshire Yeomanry Assistant Quarter-Master. + Surgeon Captain Farmer, B.S.A. Co. } + Surgeon Captain Seaton Hamilton, late 1st Life } Medical Officers. + Guards } + Lieutenant Grenfell, 1st Life Guards Remount Officer. + Lieutenant Jesser-Coope, B.S.A. Co. Transport Officer. + Captain Lindsell, late Royal Scots Fusiliers In charge Scouts. + Major J.B. Stracey, Scots Guards } + Major Heany, B.S.A. Co. } Officers temporarily + Captain Foley } attached to Staff. + Lieutenant Harry R. Holden, late Grenadier } + Guards } + +OFFICERS OF MASHONALAND MOUNTED POLICE. + + Lieutenant-Colonel Hon. H.F. White, Grenadier + Guards Commanding. + Inspector Bodle (late 6th Dragoons) 2nd in command. + Inspector Straker, commanding A Troop. + Inspector Dykes, commanding B Troop. + Inspector Barry, commanding C Troop. + Inspector Drury, commanding D Troop. + Sub-Inspectors Scott and Cashel, A Troop. + Sub-Inspectors Tomlinson and Chawner, B Troop. + Sub-Inspectors Cazalet and Williams, C Troop. + Sub-Inspectors Murray and Constable, D Troop. + Artillery Troop--Inspector Bowden and Sub-Inspector Spain. + Regimental Sergeant--Major Abbott. + +BECHUANALAND BORDER POLICE. + + Lieutenant-Colonel Raleigh Grey, 6th Dragoons Commanding. + Major Hon. Charles Coventry 2nd in command. + Captain Gosling, commanding G Troop. + Sub-Lieutenants Hoare and Wood, commanding G Troop. + Captain Munroe, commanding K Troop. + Sub-Lieutenant McQueen, commanding K Troop. + Medical Officer Surgeon Garraway. + Veterinary Surgeon Lakie. + M.M. Police officers and men 372 Pitsani + Staff 13 camp. + Colony boys (leading horses, etc.) 65 + Horses 480 + Mules 128 + One 12-1/2-pounder, 6 Maxims, 6 Scotch carts, 1 Cape cart, + 2 grain waggons. + B.B. Police officers and men 122 Mafeking + Staff 1 column. + Drivers and leaders 10 + Horses 160 + Mules 30 + Two 7-pounders, 2 Maxims, 2 Scotch carts, 2 Cape carts. + + Officers and men 494 Totals. + Staff 14 + Drivers, leaders, etc. 75 + Horses 640 + Mules 158 + M.H. Maxims 8 + 12-1/2-pounder 1 + 7-pounder 2 + Scotch carts 8 + Cape carts 3 + +AMMUNITION. + + Rounds. + Carried by men and natives 50,000 Lee-Met. + Carried in Scotch carts and Cape carts 54,000 rifle. + ------- + Total 104,000 + ======= + + On the guns 17,000 Maxim. + In carts 28,000 + ------- + Total 45,000 + ======= + + On limber 44 12-1/2 + On one Scotch cart 80 pounders. + ------- + Total 124 + ======= + + On limbers 70 7-pounders. + In Scotch carts 172 + ------- + Total 242 + ======= + +The rifle ammunition used was that supplied by the Maxim firm for +their guns and also pellet powder. + +The powder used with the 12-1/2-pounder was that known as +'ballistite.' Rocket signals and limelights were carried, but +not used. + +EQUIPMENT CARRIED. + + On the Person. + (a) Rifle (10 rounds). + (b) Bandolier (60 rounds). + (c) Haversack (1/2 day's ration). + (d) Water-bottle filled. + + On the Saddle. + (a) Nosebag (5 lb. grain). + (b) Cloak on wallet. + (c) Rifle bucket. + (d) Patrol tin (with grocery ration). + (e) Leather axe-holder (every fourth man). + +Near-side wallet, 30 rounds and 1/2 day's rations. + +Off-side wallet, 20 rounds, tin dubbin, hold-all, and towel. + +Average weight carried by horse = 16 stone. + +Average weight carried by Scotch carts = 1,600 lb. + + +Footnotes for Appendix H + +{55} The letters are published in their proper place, and readers can +satisfy themselves as to whether they justify the above inference. + +{56} Note. July, 1899. In the Report of the Select Committee of the +House of Commons (No. 311 of 1897), page 298, are the following:-- + +Sir Henry Campbell Bannerman: "Did you understand that you were to +meet a considerable force at Krugersdorp coming from Johannesburg?" + +Sir John Willoughby: _Not when we started_ from Pitsani, but +certainly after the letters received from the cyclists. + + + + +APPENDIX I. + +MANIFESTO. + + +If I am deeply sensible of the honour conferred upon me by being +elected chairman of the National Union, I am profoundly impressed +with the responsibilities attached to the position. The issues to be +faced in this country are so momentous in character that it has been +decided that prior to the holding of a public meeting a review of the +condition of affairs should be placed in your hands, in order that +you may consider matters quietly in your homes. It has also been +decided that it will be wise to postpone the meeting which was to +have taken place on the 27th December until the 6th day of January +next. + +On that day you will have made up your minds on the various points +submitted to you, and we will ask you for direction as to our future +course of action. It is almost unnecessary to recount all the steps +which have been taken by the National Union, and I shall therefore +confine myself to a very short review of what has been done. + +THE THREE PLANKS. + +The constitution of the National Union is very simple. The three +objects which we set before ourselves are: (1) The maintenance of +the independence of the Republic, (2) the securing of equal rights, +and (3) the redress of grievances. This brief but comprehensive +programme has never been lost sight of, and I think we may +challenge contradiction fearlessly when we assert that we have +constitutionally, respectfully, and steadily prosecuted our purpose. +Last year you will remember a respectful petition, praying for the +franchise, signed by 13,000 men, was received with contemptuous +laughter and jeers in the Volksraad. This year the Union, apart +from smaller matters, endeavoured to do three things. + +THE RAAD ELECTIONS. + +First we were told that a Progressive spirit was abroad, that twelve +out of twenty-four members of the First Volksraad had to be elected, +and we might reasonably hope for reform by the type of broad-minded +men who would be elected. It was therefore resolved that we should do +everything in our power to assist in the election of the best men who +were put up by the constituencies, and everything that the law +permitted us to do in this direction was done. + +DISAPPOINTED HOPES. + +The result has been only too disappointing, as the record of the +debates and the division list in the Volksraad prove. We were +moreover told that public speeches in Johannesburg prevented the +Progressive members from getting a majority of the Raad to listen to +our requests, that angry passions were inflamed, and that if we would +only hold our tongues reform would be brought about. We therefore +resolved in all loyalty to abstain from inflaming angry passions, +although we never admitted we had by act or speech given reason for +legislators to refuse justice to all. Hence our silence for a long +time. + +THE RAILWAY CONCESSION NEXT. + +We used all our influence to get the Volksraad to take over the +railway concession, but, alas! the President declared with tears in +his voice that the independence of the country was wrapped up in this +question, and a submissive Raad swept the petitions from the table. + +THE FRANCHISE PETITION. + +Our great effort however was the petition for the franchise, with the +moderate terms of which you are all acquainted. This petition was +signed by more than 38,000 persons. What was the result? We were +called unfaithful for not naturalizing ourselves, when naturalization +means only that we should give up our original citizenship and get +nothing in return, and become subject to disabilities. Members had +the calm assurance to state, without any grounds whatever, that +the signatures were forgeries; and, worst of all, one member in an +inflammatory speech challenged us openly to fight for our rights, and +his sentiment seemed to meet with considerable approval. This is the +disappointing result of our honest endeavours to bring about a fusion +between the people of this State, and the true union and equality +which alone can be the basis of prosperity and peace. You all know +that as the law now stands we are virtually excluded for ever from +getting the franchise, and by a malignant ingenuity our children born +here are deprived of the rights of citizenship unless their fathers +take an oath of allegiance, which brings them nothing but +disabilities. + +THE BITTER CRY OF THE 'UITLANDER.' + +We are the vast majority in this State. We own more than half the +land, and, taken in the aggregate, we own at least nine-tenths of the +property in this country; yet in all matters affecting our lives, our +liberties, and our properties, we have absolutely no voice. Dealing +now first with the legislature, we find taxation is imposed upon +us without any representation whatever, that taxation is wholly +inequitable, _(a)_ because a much greater amount is levied from the +people than is required for the needs of Government; _(b)_ because it +is either class taxation pure and simple, or by the selection of the +subjects, though nominally universal, it is made to fall upon our +shoulders; and _(c)_ because the necessaries of life are unduly +burdened. + +ABUSE OF PUBLIC EXPENDITURE. + +Expenditure is not controlled by any public official independent of +the Government. Vast sums are squandered, while the Secret Service +Fund is a dark mystery to everybody. But, essential as the power to +control taxation and expenditure is to a free people, there are other +matters of the gravest importance which are equally precious. +The Legislature in this country is the supreme power, apparently +uncontrolled by any fixed Constitution. The chance will of a majority +in a Legislature elected by one-third of the people is capable of +dominating us in every relation of life, and when we remember that +those who hold power belong to a different race, speak a different +language, and have different pursuits from ourselves, that they +regard us with suspicion, and even hostility; that, as a rule, they +are not educated men, and that their passions are played upon by +unscrupulous adventurers, it must be admitted that we are in very +grave danger. + +TRIBUTE TO THE MODERATES. + +I think it is but just to bear tribute to the patriotic endeavours of +a small band of enlightened men in the Volksraad who have earnestly +condemned the policy of the Government and warned them of its danger. +To Mr. Jeppe, Mr. Lucas Meyer, the De Jagers, Mr. Loveday, and a few +others in the First Raad, leaving out the second Raad, we owe our +best thanks, for they have fought our battle and confirmed the +justice of our cause. But when we look to the debates of the last +few years, what do we find? All through a spirit of hostility, all +through an endeavour not to meet the just wants of the people, not +to remove grievances, not to establish the claim to our loyalty by +just treatment and equal laws, but to repress the publication of +the truth, however much it might be required in the public interest, +to prevent us from holding public meetings, to interfere with the +Courts, and to keep us in awe by force. + +THE POWERS OF THE EXECUTIVE. + +There is now threatened a danger even graver than those which have +preceded it. The Government is seeking to get through the Legislature +an Act which will vest in the Executive the power to decide whether +men have been guilty of sedition, and to deport them and confiscate +their goods. The Volksraad has by resolution affirmed the principle, +and has instructed the Government to bring up a Bill accordingly next +session. To-day this power rests justly with the courts of law, and I +can only say that if this Bill becomes law the power of the Executive +Government of this country would be as absolute as the power of the +Czar of Russia. We shall have said goodbye finally to the last +principle of liberty. + +PRESIDENT KRUGER INDICTED. + +Coming to the Executive Government, we find that there is no true +responsibility to the people, none of the great departments of State +are controlled by Ministerial officers in the proper sense, the +President's will is virtually supreme, and he, with his unique +influence over the legislators of the House, State-aided by an able +if hostile State Secretary, has been the author of every act directed +against the liberties of the people. It is well that this should be +recognized. It is well that President Kruger should be known for what +he is, and that once for all the false pedestal on which he has so +long stood should be destroyed. I challenge contradiction when I +state that no important Act has found a place on the Statute-book +during the last ten years without the seal of President Kruger's will +upon it; nay, he is the father of every such Act. Remember that +all legislation is initiated by the Government, and, moreover, +President Kruger has expressly supported every Act by which we and +our children have been deprived by progressive steps of the right to +acquire franchise, by which taxation has been imposed upon us almost +exclusively, and by which the right and the liberty of the Press and +the right of public meeting have been attacked. + +THE JUDGES AND THE LIBERTY OF THE SUBJECT. + +Now we come to the judicial system. The High Court of this country +has, in the absence of representation, been the sole guardian of +our liberties. Although it has on the whole done its work ably, +affairs are in a very unsatisfactory position. The judges have +been underpaid, their salaries have never been secure, the most +undignified treatment has been meted out to them, and the status +and independence of the Bench have on more than one occasion been +attacked. A deliberate attempt was made two years ago by President +Kruger and the Government to reduce the bench to a position +subordinate to the Executive Government, and only recently we had in +the Witfontein matter the last of the cases in which the Legislature +interfered with vested rights of action. The administration of +justice by minor officials, by native commissioners, and by +field-cornets, has produced, and is producing, the gravest unrest in +the country; and, lastly, gentlemen, + +THE GREAT BULWARK OF LIBERTY, + +the right to trial by jurymen who are our peers, is denied to us. +Only the burgher or naturalized burgher is entitled to be a juryman; +or, in other words, anyone of us is liable to be tried upon the +gravest charge possible by jurymen who are in no sense our peers, who +belong to a different race, who regard us with a greater or lesser +degree of hostility, and whose passions, if inflamed, might prompt +them, as weak human creatures, to inflict the gravest injustice, even +to deprive men of their lives. Supposing, in the present tense +condition of political feeling, any one of us were tried before a +Boer jury on any charge having a political flavour about it, should +we be tried by our peers, and should we have a chance of receiving +even-handed justice? + +THE SECRET SERVICE FUND. + +When we come to the Administration, we find that there is the +grossest extravagance, that Secret Service moneys are squandered, +that votes are exceeded, that the public credit is pledged, as it was +pledged in the case of the Netherlands Railway Company, and later +still in the case of the Selati Railway, in a manner which is wholly +inconsistent with the best interests of the people. + +SQUANDERING THE PUBLIC REVENUE. + +The Delagoa Bay festivities are an instance of a reckless disregard +of a Parliamentary vote; Ł20,000 was voted for those useless +festivities--about Ł60,000 was really expended, and I believe certain +favoured gentlemen hailing from Holland derived the principal +benefit. It is said that Ł400,000 of our money has been transferred +for some extraordinary purpose to Holland. Recently Ł17,000 is said +to have been sent out of the country with Dr. Leyds for Secret +Service purposes, and the public audit seems a farce. When the +Progressive members endeavoured to get an explanation about large +sums of money they were silenced by a vote of the majority +prompted by President Kruger. The administration of the public +service is in a scandalous condition. + +A CORRUPT LEGISLATURE. + +Bribery and corruption are rampant. We have had members of the Raad +accepting presents of imported spiders and watches wholesale from men +who were applying for concessions, and we have the singular fact that +in every instance the recipient of the gift voted for the concession. +We have the President openly stating that such acceptance of presents +was wholly moral. We have a condition of affairs in which the time +of the meeting of the Volksraad is looked upon as the period of the +greatest danger to our interests, and it is an open secret that a +class of man has sprung up who is in constant attendance upon the +members of the Volksraad, and whose special business appears to be +the 'influencing' of members one way or the other. It is openly +stated that enormous sums of money have been spent, some to produce +illegitimate results, some to guard against fresh attacks upon vested +rights. The Legislature passed an Act solemnly denouncing corruption +in the public service. One man, not an official, was punished under +the law, but nothing has ever been done since to eradicate the evil. + +AND A TAINTED CIVIL SERVICE. + +I think thousands of you are satisfied of the venality of many of our +public servants. I wish to guard against the assumption that all +public servants are corrupt. Thank God there are many who are able +and honourable men, and it must be gall and wormwood to these men to +find the whole tone of the service destroyed, and to have themselves +made liable to be included under one general denunciation. But there +can be no health in an administration, and the public morals must be +sapped also, when such things as the Smit case, and the recent +Stiemens case, go unnoticed and unpunished. + +TWO GLARING CASES. + +I think it right to state openly what those cases are. N.J. Smit +is the son of a member of the Government. He absented himself for +months without leave. He was meantime charged in the newspapers +with embezzlement. He returned, was fined Ł25 for being absent +without leave, and was reinstated in office. He is now the Mining +Commissioner of Klerksdorp. He has been charged in at least two +newspapers--one of them a Dutch newspaper, _Land en Volk_, published +within a stone's throw of the Government Office--with being an +'unpunished thief,' and yet the Government have taken no notice of +it, nor has he thought fit to bring an action to clear himself. In +the Stiemens case two officials in the Mining Department admitted in +the witness-box that they had agreed to further the application of a +relative for the grant of a piece of public land at Johannesburg on +condition that they were each to receive one quarter of the proceeds. +A third official, the Landdrost of Pretoria, admitted that he had +received Ł300 for his 'influence' in furthering the application; +yet no notice had been taken by the Government of their scandalous +conduct, and sad to say the judges who heard the case did not think +it their duty to comment strongly upon the matter. I have in my +possession now a notarial deed which proves that the Railway +Commissioner, the Landdrost, and the Commandant of Pretoria are +members of a syndicate whose avowed object is, or was, to wrest from +the companies their right to the 'bewaarplaatsen.' This shows what +is going on, and what is the measure of safety of title to property. +Those who should guard our rights are our worst enemies. In a law +introduced by the present Government, the Government, instead of the +Courts, are the final judges in cases of disputed elections. No +Election Committees are allowed. This operates against candidates +opposed to the Government, because the Government has virtually a +vast standing army of committee men, henchmen, officials being +allowed openly to take part in swaying elections, and the Government +being in a position, by the distribution of contracts, appointments, +purchase of concessions, the expenditure of Secret Service money and +otherwise, to bring into existence and maintain a large number of +supporters who act as canvassers always on the right side in times +of elections. + +NATIVE AFFAIRS. + +The administration of native affairs is a gross scandal and a source +of immense loss and danger to the community. Native Commissioners +have been permitted to practise extortion, injustice, and cruelty +upon the natives under their jurisdiction. The Government has allowed +petty tribes to be goaded into rebellion. We have had to pay the +costs of the 'wars,' while the wretched victims of their policy have +had their tribes broken up, sources of native labour have been +destroyed, and large numbers of prisoners have been kept in goal +for something like eighteen months without trial. It was stated +in the newspapers that, out of 63 men imprisoned, 31 had died in +that period, while the rest were languishing to death for want of +vegetable food. We have had revelations of repulsive cruelty on the +part of field-cornets. We all remember the Rachman case, and the +April case, in which the judges found field-cornets guilty of brutal +conduct to unfortunate natives; but the worst features about these +cases is that the Government has set the seal of its approval upon +the acts of these officials by paying the costs of the actions out +of public funds, and the President of the State a few days ago made +the astounding statement in regard to the April case, that, +notwithstanding the judgment of the High Court, the Government +thought that Prinsloo was right in his action, and therefore paid +the costs. The Government is enforcing the 'plakkerswet,' which +forbids the locating of more than five families on one farm. The +field-cornets in various districts have recently broken up homes of +large numbers of natives settled on 'Uitlanders'' lands, just at the +time when they had sown their crops to provide the next winter's +food. The application of this law is most uneven, as large numbers +of natives are left on the farms of the Boers. Quite recently a +well-known citizen brought into the country at great expense some +hundreds of families, provided them with land, helped them to start +life, stipulating only that he should be able to draw from amongst +them labour at a fair wage to develop his properties. Scarcely had +they been settled when the field-cornet came down and scattered the +people, distributing them among Boer farms. The sources of the native +labour supply have been seriously interfered with at the borders by +Government measures, and difficulties have been placed in the way of +transport of natives by railway to the mines. These things are all a +drain upon us as a State, and many of them are a burning disgrace to +us as a people. + +THE EDUCATION SCANDAL. + +The great public that subscribes the bulk of the revenue is virtually +denied all benefit of State aid in education. There has been a +deliberate attempt to Hollanderise the Republic, and to kill the +English language. Thousands of children are growing up in this land +in ignorance, unfitted to run the race of life, and there is the +possibility that a large number of them will develop into criminals. +We have had to tax ourselves privately to guard against these +dangers, and the iniquity of denying education to the children of +men who are paying taxes is so manifest that I pass on with mingled +feelings of anger and disgust. + +RAILWAYS. + +This important branch of the public service is entirely in the hands +of a corporation domiciled in Holland. This corporation holds a +concession, of course under which not only was there no adequate +control over expenditure in construction, but it is entitled to +charge and is charging us outrageous tariffs. How outrageous these +are will be seen from the admission made by Mr. Middelberg that the +short section of 10 miles between Boksburg and Krugersdorp is paying +more than the interest on the cost of the construction of the whole +line of railway to Delagoa Bay. To add these to its general revenue, +of which 10 per cent, is set aside as a sinking fund, and then to +take for itself 15 per cent. of the balance, the Company reports +annually to the Raad from Amsterdam in a language which is +practically foreign to it, and makes up its accounts in guelders, a +coinage which our legislators I venture to say know nothing of; and +this is independence. We are liable as guarantors for the whole of +the debt. Lines have been built entirely on our credit, and yet we +have no say and no control over these important public works beyond +the show of control which is supposed to be exercised by the present +Railway Commissioner. The Company in conjunction with the Executive +Government is in a position to control our destinies to an enormous +extent, to influence our relations internally and externally, to +bring about such friction with the neighbouring States as to set the +whole of South Africa in tumult. Petitions have been presented to the +Raad, but the President has constantly brushed these aside with the +well-worn argument that the independence of the State is involved in +the matter. It is involved in the matter, as all who remember the +recent Drifts question will admit. I have been told that it is +dangerous for the country to take over the railway, because it would +afford such an immense field for corruption. Surely this is the +strongest condemnation of the Government by its friends, for if it is +not fit to run a railway, how can it be fit to manage a whole State? +The powers controlling this railway are flooding the public service +with Hollanders to the exclusion of our own people, and I may here +say that in the most important departments of the State we are being +controlled by the gentlemen from the Low Country. While the innocent +Boer hugs to himself the delusion that he is preserving his +independence, they control us politically through Dr. Leyds, +financially through the Netherlands Railway, educationally through +Dr. Mansvelt, and in the Department of Justice through Dr. Coster. + +CUSTOMS AND TRADE. + +The policy of the Government in regard to taxation may be practically +described as protection without production. The most monstrous +hardships result to consumers, and merchants can scarcely say from +day to day where they are. Twice now has the Government entered into +competition with traders who have paid their licences and rents and +who keep staffs. Recently grain became scarce. The Government +were petitioned to suspend the duties, which are cruelly high, in +order to assist the mining industry to feed its labourers. The +Government refused this request on the plea that it was not in a +position to suspend duties without the permission of the Volksraad, +and yet within a few days we find that the Government has granted a +concession to one of its friends to import grain free of duty and to +sell it in competition with the merchants who have had to pay duties. +I do not attempt to deal with this important question adequately, but +give this example to show how the Government regards the rights of +traders. + +MONOPOLIES. + +It has been the steady policy of the Government to grant concessions. +No sooner does any commodity become absolutely essential to the +community than some harpy endeavours to get a concession for its +supply. There is scarcely a commodity or a right which has not been +made the subject of an application for the grant of a concession. We +all remember the bread and jam concession, the water concession, the +electric lighting concession, and many others, but I need only point +to the dynamite concession to show how these monopolies tend to +paralyse our industries. There may be some of you who have not yet +heard and some who have forgotten the facts connected with this +outrage upon public rights. + +STORY OF THE DYNAMITE CONCESSION. + +Some years ago, Mr. Lippert got a concession for the sole right to +manufacture and sell dynamite and all other explosives. He was to +manufacture the dynamite in this country. For years he imported +dynamite under the name of Guhr Impregne duty free. He never +manufactured dynamite in the country, and upon public exposure, the +Government was compelled to cancel the concession, the President +himself denouncing the action of the concessionnaire as fraudulent. +For a time we breathed freely, thinking we were rid of this incubus, +but within a few months the Government granted virtually to the same +people another concession, under which they are now taking from the +pockets of the public Ł600,000 per annum, and this is a charge which +will go on growing should the mining industry survive the persistent +attempts to strangle it. How a body charged with the public interests +could be parties to this scandalous fleecing of the public passes +comprehension. Then, the curious feature about the matter is that the +Government gets some petty fraction of this vast sum, and the +concessionnaires have on this plea obtained enormous advances of +public moneys from the Government, without security, to carry on +their trade. Shortly, the concessionnaires are entitled to charge +90s. a case for dynamite, while it could be bought if there were no +concession for about 30s. a case. It may be stated incidentally, that +Mr. Wolmarans, a member of the Government, has been for years +challenged to deny that he is enjoying a royalty of 2s. on every case +of dynamite sold, and that he has up to the present moment neglected +to take up the challenge. Proper municipal government is denied to +us, and we all know how much this means with regard to health, +comfort, and the value of property. The Statute Books are disfigured +with enactments imposing religious disabilities; and the English +language, the language spoken by the great bulk of the people, is +denied all official recognition. The natural result of the existing +condition of things is that the true owners of the mines are those +who have invested no capital in them--the Government, the railway +concessionnaires, the dynamite concessionnaires, and others. The +country is rich, and under proper government could be developed +marvellously, but it cannot stand the drain of the present exactions. +We have lived largely upon foreign capital, and the total amount of +the dividends available for shareholders in companies is ridiculously +small as compared with the aggregate amount of capital invested in +mining ventures. Some day the inevitable result upon our credit and +upon our trade will be forced upon us. + +HATRED OF THE SAXON. + +There is no disguising the fact that the original policy of the +Government is based upon intense hostility to the English-speaking +population, and that even against the enfranchised burgher of this +State there is the determination to retain all power in the hands of +those who are enjoying the sweets of office now, and naturally the +grateful crowd of relations and friends and henchmen ardently support +the existing _régime_; but there are unmistakable signs, and the +President fears that the policy which he has hitherto adopted will +not be sufficient to keep in check the growing population. It seems +the set purpose of the Government to repress the growth of the +industry, to tax it at every turn, to prevent the working classes +from settling here and making their homes and surrounding themselves +with their families, and there is no mistaking the significance of +the action of the President when he opposed the throwing open of the +town lands of Pretoria on the ground that 'he might have a second +Johannesburg there,' nor that of his speech upon the motion for the +employment of diamond drills to prospect Government lands, which he +opposed hotly on the ground that 'there is too much gold here +already.' + +THE POLICY OF FORCE. + +We now have openly the policy of force revealed to us. Ł250,000 is to +be spent upon the completing of a fort at Pretoria, Ł100,000 is to be +spend upon a fort to terrorize the inhabitants of Johannesburg, large +orders are sent to Krupp's for big guns, Maxims have been ordered, +and we are even told that German officers are coming out to drill the +burghers. Are these things necessary or are they calculated to +irritate the feeling to breaking point? What necessity is there for +forts in peaceful inland towns? Why should the Government endeavour +to keep us in subjection to unjust laws by the power of the sword +instead of making themselves live in the heart of the people by a +broad policy of justice? What can be said of a policy which +deliberately divides the two great sections of the people from each +other, instead of uniting them under equal laws, or the policy which +keeps us in eternal turmoil with the neighbouring States? What shall +be said of the statecraft, every act of which sows torments, +discontent, or race hatred, and reveals a conception of republicanism +under which the only privilege of the majority of the people is to +provide the revenue, and to bear insult, while only those are +considered Republicans who speak a certain language, and in greater +or less degree share the prejudices of the ruling classes? + +A STIRRING PERORATION. + +I think this policy can never succeed, unless men are absolutely +bereft of every quality which made their forefathers free men; unless +we have fallen so low that we are prepared to forget honour, +self-respect, and our duty to our children. Once more, I wish to +state again in unmistakable language what has been so frequently +stated in perfect sincerity before, that we desire an independent +republic which shall be a true republic, in which every man who is +prepared to take the oath of allegiance to the State shall have equal +rights, in which our children shall be brought up side by side as +united members of a strong commonwealth; that we are animated by no +race hatred, that we desire to deprive no man, be his nationality +what it may, of any right. + +THE CHARTER OF THE UNION. + +We have now only two questions to consider: _(a)_ What do we want? +_(b)_ how shall we get it? I have stated plainly what our grievances +are, and I shall answer with equal directness the question, 'What do +we want?' We want: (1) the establishment of this Republic as a true +Republic; (2) a Grondwet or Constitution which shall be framed by +competent persons selected by representatives of the whole people and +framed on lines laid down by them--a Constitution which shall be +safe-guarded against hasty alteration; (3) an equitable franchise +law, and fair representation; (4) equality of the Dutch and English +languages; (5) responsibility of the Legislature to the heads of +the great departments; (6) removal of religious disabilities; (7) +independence of the courts of justice, with adequate and secured +remuneration of the judges; (8) liberal and comprehensive education; +(9) efficient civil service, with adequate provision for pay and +pension; (10) free trade in South African products. That is what we +want. There now remains the question which is to be put before you at +the meeting of the 6th January, viz., How shall we get it? To this +question I shall expect from you an answer in plain terms according +to your deliberate judgment. + + CHARLES LEONARD, + _Chairman of the Transvaal National Union._ + + + + +APPENDIX K. + +THE CASE OF THE CHIEFTAINESS TOEREMETSJANI + + +On the reports which have appeared the case or cases of Toeremetsjani +_v_. P.A. Cronjé, Jesaja _v_. P.A. Cronjé and D.J. Schoeman, Segole +_v_. P.A. Cronjé and J.A. Erasmus, have attracted, as well they +might, a good deal of attention. The following _résumé_ and +commentary were compiled by a legal gentleman who was present during +the trial, but not professionally employed in it. + +The facts revealed in the evidence (writes our correspondent) speak +pretty well for themselves, but they were brought out into lurid +prominence in the cross-examination of Commandant Cronjé by Mr. +Justice Jorissen. In order to make the case quite clear, it is as +well to state for the benefit of those who are not intimately +acquainted with things in the Transvaal that this Mr. Cronjé, who +is now the Superintendent-General of Natives, is the same Cronjé +concerning whose action in regard to Jameson's surrender there was so +much discussion. After the Jameson Raid, President Kruger, pursuing +his policy of packing the Executive with his own friends, decided to +put Cronjé upon the Executive, for which purpose he induced General +Joubert to resign his position as Superintendent-General of Natives. +The President's intention becoming known to Raad members, the +strongest possible objection was expressed to this course as being +wholly unconstitutional and in direct conflict with the Grondwet; the +President in the first place having no right to add to the number of +Executive members and no authority for appointing any person to fill +a vacancy if there were one. Notice of motion was promptly given in +the Raad to instruct the Executive not to take the proposed course, +as the Raad felt that the privilege and power of appointing members +on the Executive rested with them alone. Twenty-four hours' notice +was requisite to bring a matter up for discussion before the Raad. +President Kruger hearing that notice had been given promptly called a +meeting of the Executive and appointed Mr. Cronjé in defiance of the +notice of motion, so that when the motion came on for discussion on +the following day he replied to the Raad's instruction that it was +too late to discuss the matter, the appointment having been made. Mr. +Cronjé, therefore, appears on the scene on this occasion without much +to prejudice the unbiassed reader in his favour. The circumstances of +the surrender of the Potchefstroom garrison, which was secured by +treacherously suppressing the news of the armistice between the two +forces (a treachery for which public reparation was afterwards +exacted by Sir Evelyn Wood), the treatment of certain prisoners of +war (compelled to work for the Boers exposed to the fire and being +shot down by their own friends in the garrison), the summary +execution of other prisoners, the refusal to allow certain of the +women to leave the British garrison, resulting in the death of at +least one, are matters which although sixteen years old are quite +fresh in the memory of the people in the Transvaal. The condition of +Dr. Jameson's surrender revived the feeling that Mr. Cronjé has need +to do something remarkable in another direction in order to encourage +that confidence in him as an impartial and fair-minded man which his +past career unfortunately does not warrant. Commandant Trichard, +mentioned in this connection as a witness, was one of the commandants +who refused to confirm the terms accorded by Cronjé to Jameson. Mr. +Abel Erasmus is a gentleman so notorious that it would be quite +unnecessary to further describe him. He is the one whom Lord Wolseley +described as a fiend in human form, and threatened to "hang as high +as Haman." Abel Erasmus is the man who had desolated the Lydenburg +district; the hero of the cave affair in which men, women, and +children were closed up in a cave and burnt to death or suffocated; a +man who is the living terror of a whole countryside, the mere mention +of whose name is sufficient to cow any native. Mr. Schoeman is the +understudy of Abel Erasmus, and is the hero of the satchel case, in +which an unfortunate native was flogged well-nigh to death and +tortured in order to wring evidence from him who, it was afterwards +discovered, knew absolutely nothing about the affair. The Queen, or +Chieftainess, Toeremetsjani, is the present head of the Secocoeni +tribe and the head wife of the late chief, Secocoeni. This tribe, it +will be remembered, was the one which successfully resisted the Boers +under President Burger and Commandant Paul Kruger--a successful +resistance which was one of the troubles leading directly to the +abortive annexation of the Transvaal. The Secocoeni tribe were +afterwards conquered by British troops, and handed over to the tender +mercies of the Boer Government upon the restoration of its +independence. + +It is necessary to bear these facts in mind in order to realise the +hideous significance of the unvarnished tale. + +Now to the trial. + +Mr. Advocate WESSELS, who acted for the natives, gauging pretty +accurately what the defence would be, called two witnesses to prove +the _prima facie_ case. Jesaja, one of the indunas flogged, whose +case was first on the roll, proved that he was flogged by order of +Commandant Cronjé without any form of trial, and without any charge +or indictment being made against him, and that he received twenty-six +lashes, the extra one being given because he declined to say 'Thank +you' for the twenty-five. Commandant Trichard next gave evidence, and +from him Mr. WESSELS elicited that Cronjé had gone through no form of +trial, but handed over Jesaja and the other twelve indunas to be +flogged by Erasmus and Schoeman. + +Advocate: Do you positively swear that Commandant Cronjé specified +the sentence of twenty-five lashes each? + +Witness: Yes. + +Which answer was quite in accordance with the pleas of Erasmus and +Schoeman, who stated specifically that they administered the lashes +in accordance with the orders and sentence given by Commandant +Cronjé. The Court held that a sufficient _prima facie_ case had been +made out by the plaintiff, and that the onus now lay on the +defendants to prove their case. The witnesses called were Commandant +Cronjé and Mr. Stiemens, secretary to the former. Mr. Stiemens in his +evidence fully corroborated Trichard's evidence as to the passing of +the sentence by Cronjé upon the indunas and the absence of any +form of trial; and nothing more need be said about this witness. With +Mr. Cronjé's evidence, however, it is necessary to deal at length. +Mr. Cronjé admitted under cross-examination that he had not observed +any particular form of trial, although, as was pointed out, the law +dealing with native trials stated specifically 'that the rules which +govern procedure in civilized courts shall be followed as closely as +possible.' He stated that as regards the Chieftainess, he called her +up and read over to her 'point by point' 'the indictment under +which she was charged,' which indictment, however, as he admitted, +consisted merely of a letter of complaint written by Field-cornet +Schoeman to him as Superintendent-General of Natives. He claimed +that no form of trial was necessary, inasmuch as he acted under the +authority of the President, who has supreme power over natives, and +was not obliged to observe any particular form of trial. 'Point by +point I read the charge,' to use his own words, 'against the woman, +and point by point I could see by her demeanour that she was guilty.' +As regards the thirteen indunas, Mr. Cronjé admitted that he did not +know whether these were indunas. He considered them guilty, not +because they had done anything, but because in their position as +advisers of the Chieftainess they ought to have advised her better +than they appeared to have done. Instructions had therefore been +given to arrest these indunas, and they had caught as many as they +could. There was no evidence to show that they were indunas, or that +they were ever in a position to advise or had advised the +Chieftainess; in fact, it was admitted that they were a lot of +thirteen caught out of a tribe as one might catch so many sheep out +of a flock. Mr. Cronjé denied that he had sentenced these men, and +repeatedly stated that he had handed them over to Erasmus and +Schoeman, to be dealt with according to law. + +Mr. WESSELS cross-examined the witness upon this point as follows:-- + +Advocate: I believe Commandant Trichard accompanied you on this +commission? + +Witness: Yes. + +Advocate: He was present throughout the whole proceeding? + +Witness: Yes. + +Advocate: He had every opportunity of knowing what took place and +what was said? + +Witness: Yes. + +Advocate: You will be surprised to hear that Mr. Trichard states that +you actually passed sentence upon the thirteen indunas in such words +as, 'I hand you over to the Native Commissioner and Field-cornet to +be dealt with according to law. And you instigators will get +twenty-five lashes each between the shoulders.' Do you positively +deny that you said anything about twenty-five lashes? + +Witness: Yes, I deny it. + +Advocate: Do you deny that you gave any indication or opinion as to +what ought to be done with these men? + +Witness: Yes. + +Advocate: Well, Mr. Cronjé, I want to know which of you two the Court +is to believe, you or Commandant Trichard? + +Witness: Commandant Trichard has made a mistake. + +Advocate: No, no, no, Mr. Cronjé, that won't do; there are no +mistakes in this business. I want you to tell the Court which of you +two men under oath is lying and which is telling the truth. + +Witness: Commandant Trichard is lying. + +(At this point there was some commotion in Court caused by Commandant +Trichard jumping up and making use of some expressions towards the +witness. The matter ended in a rather fierce altercation after the +Court adjourned.) It is only necessary to add that Mr. Stiemans, who +followed Cronjé, fully corroborated Trichard's evidence. There were +many other interesting points brought out by Mr. WESSELS in his +cross-examination, but it is unnecessary to further detail this part +of the proceedings, as the same ground was covered by Mr. Justice +Jorissen, who took the witness in hand and whose cross-examination +brought out the salient features of the case with extreme vividness +and dramatic effect. The Judge first dealt with that portion of the +evidence relating to the so-called 'trial' of the Chieftainess. + +Judge: Mr. Cronjé, in your evidence just now you said that you read +over to this woman the charge that was laid against her. 'Point by +point' you say you read it to her, and 'point by point you could see +by her demeanour that she was guilty.' Is that so? + +Witness: Yes. + +Judge: Very well, Mr. Cronjé, I will take the indictment, 'point by +point,' as you did. Point the first, Mr. Cronjé. (The Judge here read +the first of the seven clauses in Schoeman's letter which formed the +indictment.) Now kindly explain to me what there was in the woman's +demeanour which conveyed to you the idea that she was guilty on this +point. + +The witness became considerably embarrassed and did not answer. + +Judge: No answer, Mr. Cronjé? Well, we will take point No. 2. (The +judge dealt with all the seven clauses in a similar manner, the +witness failing to make any answer throughout. After the last point +had been dealt with and remained unanswered, the Judge addressed the +witness again amid a most impressive silence in Court). + +Judge: Mr. Cronjé, 'point by point' I have read to you the indictment +as you read it to the woman; 'point by point' I have asked you to +give me certain information; 'point by point' you have failed to make +any answer. Well, Mr. Cronjé, I can only tell you this, 'point by +point' I shall set that down in my notes. (After an interval, during +which the Judge filled in his notes, the examination was resumed.) + +Judge: Now, Mr. Cronjé, as I understand it, it was in consequence of +Field-cornet Schoeman's complaint to you as Superintendent-General of +Natives that you were sent by the Government to investigate the +matter? + +Witness: Yes. + +Judge: You called the woman up before you and read to her the +charges. + +Witness: Yes. + +Judge: You brought no evidence against her? + +Witness: No. + +Judge: You did not call upon Schoeman to produce any evidence against +her? + +Witness: No. + +Judge: His letter of complaint to you seemed sufficient? + +Witness: Yes. + +Judge: You did not give her any opportunity to bring evidence? + +Witness: It was not necessary. + +Judge: Oh, dear no; I quite understand that 'you could tell from her +demeanour that she was guilty.' But as a matter of form you did not +hear any evidence on her behalf? + +Witness: No. + +Judge: You just sentenced her out of hand. + +Witness: I sentenced her to pay a fine. + +Judge: And then as regards the thirteen indunas, if they were +indunas, as you deny sentencing them we need not refer further to +that point, but I put this to you--there was no evidence brought +against them? + +Witness: No. + +Judge: There was nothing to show that these men had ever advised the +woman or were in a position to advise her; in fact, as far as the +evidence goes, there was nothing to show that they even belonged to +the tribe, but in your opinion they ought to have advised her +differently, and you therefore sentenced them to twenty-five lashes +each. + +Witness: I did not sentence them, but handed them over to the proper +authorities to be dealt with according to law. + +Judge: Oh, no, Mr. Cronjé, that is not how the case appears to me. +You came up to these people in the capacity of Judge, to do justice +as between man and man according to your lights, to follow the +procedure that is observed in civilized courts, to represent the +strength, the rights, and the responsibilities of this Republic, and +if we are to accept your evidence as true, you did not try the men +whom you were to have tried. You heard evidence neither for nor +against them, but you handed them over to--to whom, Mr. Cronjé? Not +to the proper authorities, but to Erasmus and Schoeman, the other +parties in the case which you were sent up to try. It seems to me, +Mr. Cronjé, that this is a case without parallel. + +There was no answer from the witness. + +Judge: One point more, Mr. Cronjé, and I have finished. When you +handed over these men to be dealt with, did you notify them that they +had the right of appeal from any sentence that might be imposed upon +them? + +Witness: Yes, I did. + +Judge: Right! Now, Mr. Cronjé, did you notify Erasmus and Schoeman +that they should stay execution of the sentence pending the hearing +of any appeal? + +After considerable pause the witness was understood to say "No." + +Judge: You did not tell these officials to stay execution? + +Witness: No. + +Judge: Then you merely gave these natives the right to appeal against +the sentence of lashes after they should have received the lashes? + +There was no answer from the witness. + +Judge: That will do, Mr. Cronjé. I do not think that these people +have much reason to thank you for the leave to appeal. + +Cronjé was followed in the witness-box by Stiemens, whose evidence is +already referred to, and the Court then adjourned. + +The next morning, shortly before the opening of the Court, the State +Attorney came down on behalf of the Government and arranged with +Plaintiffs' Counsel to adjourn for the day to enable parties to try +and settle the three cases out of Court. The Court thereupon +adjourned at the request of parties, and during the day the three +cases were settled on the following basis: The Government refunds +Toeremetsjani the Ł147 10s. with interest at 6 per cent, from the +date of payment by her to Erasmus, and pays her costs, to be taxed as +between attorney and client. + +The Defendants Cronjé, Erasmus, and Schoeman, pay each of the +thirteen indunas who were flogged Ł25 as compensation, and pay the +costs of Jesaja and Segole, to be taxed as between attorney and +client. + + +POSTSCRIPT. + +One last touch of irony is needed to complete the story of the suits +brought by the Chieftainess Toeremetsjani and her indunas against +Messrs. Erasmus, Schoeman, and the rest. It seems that these same +gentlemen have actually been appointed by the Government to +'investigate matters' in the district where these Kaffirs live. Poor +Toeremetsjani and the unfortunate indunas, as a contemporary remarks, +may be expected to give a grovelling welcome. No more High Court for +them. + +The natives, by the way, interviewed since their return to the +kraals, state that they have not yet received the settlement +arranged. + +In connection with the above sample of justice to the natives it is +as well to recall another recent incident which has lately taken +place. Some natives being severely mishandled by the local +authorities, and being in consequence destitute of means to proceed +against them in law, applied to Court for leave to sue _in forma +pauperis_. This leave was granted. Immediately upon this becoming +known petitions were got up among the Boers, with the result that the +Volksraad some six weeks ago took a resolution instructing the +Government to immediately bring in a law forbidding the judges to +grant such leave, and making it impossible for a native to sue +Government or any white person _in forma pauperis_. Comment +(concludes the correspondent who sets out these various facts) is +superfluous. + + + + +APPENDIX L. + + 59, HOLBORN VIADUCT, LONDON, E.C. + _6th May, 1897._ + +REPORT ON THE LETTER WRITTEN ON A TORN TELEGRAM FORM SIGNED "F.R.", +BY MR. T.H. GURRIN, EXPERT IN HANDWRITING. + +Mr. THOMAS HENRY GURRIN, of 59, Holborn Viaduct, London, E.C., is a +professional expert in handwriting, recognized and employed by the +Director of Public Prosecutions, the Home Office, and the authorities +at Scotland Yard, and is constantly engaged by them in that capacity. +He is also frequently engaged in the same capacity by the Bank of +England and other public bodies. + +He has acted as handwriting expert in a very large number of civil +and criminal cases at sessions, assizes, and before the High Courts, +for over twelve years past, and can conscientiously say that his +experience in the identification of genuine handwriting and the +detection of forged and altered documents is very extensive. + +Mr. Gurrin begs respectfully to submit the following report:-- + +'Having been instructed by Mr. Braunstein, solicitor, of 27, Great +George Street, Westminster, I have examined a photograph of torn +portions of a letter written on a telegram form of the South African +Republic. + +'My attention has been directed to the evidence of Major Sir J.C. +Willoughby, appearing at page 302 of the Minutes, in which he has +given his version of the missing portions of this document. + +'I have compared this version of the missing words with the vacant +spaces, and I find that the words supplied in question 5,571 would +occupy, as near as can be estimated, the missing spaces, judging from +the other writing in the document. + +'I read the first portion of the document as follows:-- + + '"Dear Dr., + "The rumour of massacre in" + "Johannesburg that started you to our" + "relief was not true. We are all right;" + "feeling intense; we have armed" + "a lot of men. Shall (not 'I shall') be very glad" + "to see you. We are not in possession of" + "town." + +'Major Sir J.C. Willoughby reads line 6, "We (or the Boers)." It +cannot possibly be "the Boers," as the first letter is clearly a +portion of a capital "W," and corresponds with the first portion of +the "W" as made at line 3; and further, there would be no room for +the two words "the Boers," between the portion of the letter "W" and +the word "not." + +'Again, I am of opinion that the last word in line 6 was "of," as +there is still visible an ascending curved stroke corresponding to +that with which the writer terminates the letter "f." + +'With reference to the rest of the version as contained in question +5,573, I respectfully submit that the missing words supplied are +absolutely inconsistent with the spaces which these words would +occupy if written naturally by the same writer. + +'The words "I will bring at least three hundred" do not correspond +with the still existing marks on line 7. The portion of a letter +appearing in the middle of the line would not, as far as I can judge, +be a part of any of the words suggested which would come at the +centre of that line. It might be a part of a capital "W," or an +initial "p," or it might be a final "d" turned back to the left, and +the last letter in the line looks as though it was intended for an +"e." In support of this theory, I compare it with the "e" at the end +of the word "true" in line 3, and the "e" at the end of "intense," +line 4. The writer, when making a final "d," makes the latter +portion of the letter something like this, but in the instances in +this document he exerts more pressure than we find here, see, for +instance, the "d" in "started," at line 2, the "d" in "glad," in +line 5, and "d" in "armed," line 4. Besides, I cannot think that this +can be the end of the word "hundred," as, judging from the length of +the word "started," the word "hundred" would have occupied from the +third vertical line, and this would certainly leave no room for +the other words suggested in the version given by Major Sir J.C. +Willoughby, viz.: "We will bring at least, or about three." If the +words "will send out some," or "we will send out some," are written +in line 7 after the word "town," adopting, as nearly as possible, the +space that would have been occupied by the writer for these words, +they will just fill the line. In like manner, with regard to line 8, +there is just room after the words "men to" for the two words "meet +you," and the small mark appearing before the full stop might +have been the terminal of the letter "u," but it would have been +impossible to get into this small space the words "meet you at +Krugersdorp," and even if the words "meet you at" were omitted, and +if it be assumed that the word which originally stood there was +"Krugersdorp," then the mark appearing before the full stop could +not by any theory be construed as having been a portion of the +letter "p," as I have examined various specimens of Colonel Rhodes' +handwriting, and have seen him write specimens containing the letter +"p" and find that he does not terminate a "p" with any stroke of this +description, but that he terminates it inside the oval portion of the +letter near the downstroke. With regard to the rest of the line, the +last two letters appear to have been "ne," and there is a dot just in +the position that would apparently have been occupied by the dot had +the previous letter been "i." Consequently, I am of opinion that the +theory that the words "will send," or "we will send out some men to +meet you," "you are a fine fellow," is perfectly consistent with the +spaces left in the torn document, but that the theory that the words +which were originally in the spaces were "I will bring at least or +about three hundred men to meet you at Krugersdorp, you are a gallant +fellow," is not only inconsistent with the amount of space available, +but does not fit in with the letters and portions of letters still +visible. + + + 'T.H. GURRIN.' + +Contents of the letter according to a statement signed by Dr. +Jameson, Sir John Willoughby, Major Robert White and Colonel Raleigh +Grey:-- + +'The rumour of massacre in Johannesburg that started you to our +relief was not true. We are all right, feeling intense. We have armed +a lot of men. I shall be very glad to see you. We (or the Boers) are +not in possession of the town. I will bring at least, or about, 300 +men to meet you at Krugersdorp. You are a gallant fellow.' + +According to Colonel Francis Rhodes and Mr. Lionel Phillips, the +contents are as follows:-- + +'The rumour of massacre in Johannesburg that started you to our +relief was not true. We are all right, feeling intense. We have armed +a lot of men. Shall be very glad to see you. We are not in possession +of the town. We will send out some men to meet you. You are a fine +fellow.' + +'We, the undersigned, were present in the Reform Committee's room +when Colonel Rhodes despatched the letter to Dr. Jameson, which +commences, "Dear Dr.--The rumour of massacre." We read the letter, +but cannot now recall the exact words on the missing fragments; but +we do hereby declare on oath that there was no offer of 300 men, nor +of any other specific number of men, nor was the word Krugersdorp +mentioned. The spirit of the letter was to suggest that a few men +should or would be sent in the character of a complimentary escort to +show Dr. Jameson his camp. + + 'GEO. W. FARRAR. + 'S.W. JAMESON. + + 'As witness-- + 'J. Percy FitzPatrick. + 'Johannesburg, _10th April, 1897_.' + + + + + + + +End of Project Gutenberg's The Transvaal from Within, by J. P. 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P. Fitzpatrick + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Transvaal from Within + A Private Record of Public Affairs + +Author: J. P. Fitzpatrick + +Release Date: August 9, 2005 [EBook #16494] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK THE TRANSVAAL FROM WITHIN *** + + + + +Produced by Jonathan Ingram, Andrew Sly and the Online +Distributed Proofreading Team at https://www.pgdp.net + + + + + + +</pre> + + +<div id="titlePage"> +<a id="pg.v"></a> + +<div class="title"> +<h1>THE TRANSVAAL FROM WITHIN<br /> + +A Private Record of Public Affairs</h1> +</div> + +<div class="byline"> +BY<br /> +J.P. FITZPATRICK<br /> +AUTHOR OF 'THE OUTSPAN' +</div> + +<div class="docImprint"> +LONDON<br /> +WILLIAM HEINEMANN<br /> +1899<br /> +</div> +<a id="pg.vi"></a> +<div class="editionStmt"><i> +Written August, 1896.<br /> +Privately circulated June, 1899.<br /> +Supplemented and published September 1899.</i> +</div> +</div> + +<div class="sectionheader"> +<a id="pg.vii"></a> +<h3>PREFACE</h3> +</div> + +<p>It was originally designed to compile a statement of the +occurrences of 1895-6 in the Transvaal and of the conditions +which led up to them, in the hope of removing the very grave +misunderstandings which existed. Everybody else had been heard and +judged, the Uitlander had only been judged. It therefore seemed +proper that somebody should attempt to present the case for the +Uitlander. The writer, as a South African by birth, as a resident +in the Transvaal since 1884, and lastly as Secretary of the Reform +Committee, felt impelled to do this, but suffered under the +disability of President Kruger's three years' ban; and although it +might possibly have been urged that a plain statement of facts and +explanations of past actions could not be fairly regarded as a +deliberate interference in politics, the facts themselves when set +out appeared to constitute an indictment so strong as to make it +worth while considering whether the Government of the Transvaal would +not regard it as sufficient excuse to put in force the sentence of +banishment. The postponement of publication which was then decided +upon for a period of three years appeared to be tantamount to the +abandonment of the original purpose, and the work was continued with +the intention of making it a private record to be printed at the +expiry of the term of silence, and to be privately circulated among +those who were personally concerned or interested; a record which +might perhaps be of service some day in filling in a page of South +African history.</p> + +<p>The private circulation of that work during June of the <a id="pg.viii"></a>present +year led to suggestions from many quarters that it should be +supplemented by a chapter or two dealing with later events and +published; and the present volume is the outcome of these +suggestions.</p> + +<p>It is realized that much of what might properly appear in a private +record will be considered rather superfluous in a book designed for +wider circulation. For instance, a good deal of space is given to +details of the trial and the prison life of the Reformers, which are +of no interest whatever to the public, although they form a record +which the men themselves may like to preserve. These might have been +omitted but that the writer desired to make no alterations in the +original text except in the nature of literary revision.</p> + +<p>The writer may be charged by the "peace" party with deliberately +selecting a critical and anxious time as opportune to contribute a +new factor to those already militating against a peaceful settlement. +Two replies could be made to this: one an excuse and one an answer. +It would be an excuse that the writer did not deliberately select +the time of publication, but that the Transvaal Government in its +wisdom chose to impose silence for three years, and that the project +with which their action had interfered was resumed at the earliest +possible moment. The coincidence of another crisis with the date of +emancipation may be an unlucky coincidence, or it may be a result. +But there is neither necessity nor intention to offer excuses. The +responsibility is accepted and the answer is that a case so sound +needs only to be understood, that a recital of the facts must help +to dispel the mists of race prejudice and misunderstanding which are +obscuring the judgment of many; and that a firm but strictly just +and dignified handling of the question by the Imperial Government +is the only possible way to avert a catastrophe in South Africa. It +is essential therefore that first of all the conditions as they are +should be understood; and this record is offered as a contribution +to that end. Let the measure of its truth be the measure of its +usefulness!</p> + +<p>The reader is not invited to believe that the case is presented in +such form as it might have been presented by an impartial historian. +It is the Transvaal <i>from within</i>, by <a id="pg.ix"></a>one who feels all the +injustice and indignity of the position. With the knowledge, however, +that a good case is spoiled by overstatement and with the desire to +avoid injustice to others an earnest attempt has been made to state +the facts fairly. In how far that attempt has been successful the +reader must decide for himself.</p> + +<div class="closer">J.P.F.<br /> +<i>July, 1899.</i></div> + +<div class="sectionheader"> +<a id="pg.xi"></a> +<h3>NOTE</h3> +</div> + +<p>It has been impossible to avoid in this volume more or less pointed +reference to certain nationalities in certain connections; for +instance such expressions as "the Boers," "the Cape Dutch," "the +Hollanders," "the Germans," are used. The writer desires to say once +and for all that unless the contrary is obviously and deliberately +indicated, the distinctions between nationalities are intended in the +political sense only and not in the racial sense, and if by mischance +there should be found something in these pages which seems offensive, +he begs the more indulgent interpretation on the ground of a very +earnest desire to remove and not to accentuate race distinctions.</p> + +<p>General references are also made to classes—"the civil service," +"the officials," &c. There are officials in the Transvaal service +who would earn the confidence and esteem of the public in any +administration in the world. It is hardly necessary to say that there +is no intention to disparage them.</p> + +<div class="sectionheader"> +<a id="pg.xiii"></a> +<h3>CONTENTS</h3> +</div> +<ul id="toc"> +<li>PART I. +<ul> +<li>CHAPTER I. EARLIER DAYS <a href="#pg.001">1</a></li> +<li>CHAPTER II. AFTER THE WAR <a href="#pg.044">44</a></li> +<li>CHAPTER III. THE ORIGIN OF THE MOVEMENT <a href="#pg.117">117</a></li> +<li>CHAPTER IV. THE REFORM COMMITTEE <a href="#pg.137">137</a></li> +<li>CHAPTER V. THE COMMITTEE'S DILEMMA <a href="#pg.151">151</a></li> +<li>CHAPTER VI. THE INVASION <a href="#pg.173">173</a></li> +<li>CHAPTER VII. AFTER DOORNKOP <a href="#pg.200">200</a></li> +<li>CHAPTER VIII. ARREST AND TRIAL OF THE REFORMERS <a href="#pg.222">222</a></li> +<li>CHAPTER IX. LIFE IN GAOL <a href="#pg.251">251</a></li> +</ul></li> +<li><a id="pg.xiv"></a>PART II. +<ul> +<li>CHAPTER X. THREE YEARS' GRACE <a href="#pg.285">285</a></li> +<li>CHAPTER XI. THE BEGINNING OF THE END <a href="#pg.333">333</a></li> +</ul></li> +<li>APPENDICES. +<ul> +<li>APPENDIX A. Pretoria Convention. <a href="#pg.369">369</a></li> +<li>APPENDIX B. London Convention. <a href="#pg.377">377</a></li> +<li>APPENDIX C. President Kruger's Affairs in the Raads. <a href="#pg.385">385</a></li> +<li>APPENDIX D. Volksraad Debates. <a href="#pg.387">387</a></li> +<li>APPENDIX E. Malaboch. <a href="#pg.395">395</a></li> +<li>APPENDIX F. The Great Franchise Debate. <a href="#pg.396">396</a></li> +<li>APPENDIX G. Terms of Dr. Jameson's Surrender. <a href="#pg.404">404</a></li> +<li>APPENDIX H. Sir John Willoughby's Report to the War Office. <a href="#pg.411">411</a></li> +<li>APPENDIX I. Manifesto. <a href="#pg.422">422</a></li> +<li>APPENDIX K. The Case of the Chieftainess Toeremetsjani. <a href="#pg.432">432</a></li> +<li>APPENDIX L. Report on the Letter written on a Torn Telegram Form +signed "F.R.," by Mr. T.H. Gurrin, Expert in Handwriting. <a href="#pg.438">438</a></li> +</ul></li> +</ul> + +<h2><a id="pg.xv"></a>PART I.</h2> + +<div class="sectionheader"> +<a id="pg.001"></a> +<h3>CHAPTER I.</h3> + +<h3>IN EARLIER DAYS.</h3> +</div> + +<p>When, before resorting to extreme measures to obtain what the +Uitlanders deemed to be their bare rights, the final appeal or +declaration was made on Boxing Day, 1895, in the form of the +manifesto published by the Chairman of the National Union, President +Kruger, after an attentive consideration of the document as +translated to him, remarked grimly: 'Their rights. Yes, they'll get +them—over my dead body!' And volumes of explanation could not better +illustrate the Boer attitude and policy towards the English-speaking +immigrants.</p> + +<p>'L'État c'est moi' is almost as true of the old Dopper President as +it was of its originator; for in matters of external policy and in +matters which concern the Boer as a party the President has his way +as surely and as completely as any anointed autocrat. To anyone who +has studied the Boers and their ways and policy—who has given more +than passing consideration to the incidents and negotiations of the +present year<a href="#fn.01" class="fnmark">{01}</a>—it must be clear that President Kruger does +something more than represent the opinion of the people and execute +their policy: he moulds them in the form he wills. By the force of +his own strong convictions and prejudices, and of his indomitable +will, he has made the Boers a people whom he regards as the germ of +the Africander nation; a people chastened, selected, welded, and +strong enough to attract and assimilate all their kindred in South +Africa, and then to realize the dream of a Dutch Republic from the +Zambesi to Capetown.</p> + +<p><a id="pg.002"></a>In the history of South Africa the figure of the grim old President +will loom large and striking—picturesque, as the figure of one who +by his character and will made and held his people; magnificent, as +one who in the face of the blackest fortune never wavered from his +aim or faltered in his effort; who, with a courage that seemed, and +still seems, fatuous, but which may well be called heroic, stood up +against the might of the greatest empire in the world. And, it may +be, pathetic, too, as one whose limitations were great, one whose +training and associations—whose very successes—had narrowed, and +embittered and hardened him; as one who, when the greatness of +success was his to take and to hold, turned his back on the supreme +opportunity, and used his strength and qualities to fight against the +spirit of progress, and all that the enlightenment of the age +pronounces to be fitting and necessary to good government and a +healthy State.</p> + +<p>To an English nobleman, who, in the course of an interview, remarked, +'My father was a Minister of England, and twice Viceroy of Ireland,' +the old Dutchman answered, 'And my father was a shepherd!' It was not +pride rebuking pride; it was the ever-present fact which would not +have been worth mentioning but for the suggestion of the antithesis. +He too was a shepherd, and is—a peasant. It may be that he knows +what would be right and good for his people, and it may be not; but +it is sure that he realizes that to educate would be to emancipate, +to broaden their views would be to break down the defences of their +prejudices, to let in the new leaven would be to spoil the old bread, +to give unto all men the rights of men would be to swamp for ever the +party which is to him greater than the State. When one thinks on the +one-century history of the people, much is seen that accounts for +their extraordinary love of isolation, and their ingrained and +passionate aversion to control; much too that draws to them a world +of sympathy. And when one realizes the old Dopper President hemmed in +once more by the hurrying tide of civilization, from which his people +have fled for generations—trying to fight both fate and +Nature—standing up to stem a tide as resistless as the eternal +sea—one sees the pathos of the picture. But this is as another +generation may see it.</p> + +<p>To-day we are too close—so close that the meaner details, the +<a id="pg.003"></a>blots and flaws, are all most plainly visible; the corruption, the +insincerity, the injustice, the barbarity—all the unlovely touches +that will by-and-by be forgotten—sponged away by the gentle hand of +time, when only the picturesque will remain.</p> + +<p>In order to understand the deep, ineradicable aversion to English +rule which is in the heart and the blood and the bones of every Boer, +and of a great many of their kindred who are themselves British +subjects, one must recall the conditions under which the Dutch came +under British rule. When, in 1814, the Cape was finally ceded to +England, it had been twice acquired and held by conquest. The +colonists were practically all Dutch, or Huguenots who had adopted +Dutch as their language, and South Africa as their home. In any case +they were people who, by tradition, teaching and experience, must +have regarded the English as their enemies; people in whom there must +have been roused bitter resentment against being handed over with the +land to their traditional enemies. Were they serfs or subjects? has +been asked on their behalf. Had Holland the right, the power, over +freemen born, to say to them, 'You are our subjects, on our soil, and +we have transferred the soil and with it your allegiance to England, +whose sovereignty you will not be free to repudiate.' The Dutch +colonist said 'No.' The English Government and the laws of the day +said 'Yes.'</p> + +<p>Early in the century the Boers began to trek away from the sphere of +British rule. They were trekkers before that, indeed. Even in the +days of Van Riebeck (1650) they had trekked away from the crowded +parts, and opened up with the rifle and the plough new reaches of +country; pioneering in a rough but most effective way, driving back +the savage races, and clearing the way for civilization. There is, +however, a great difference to be noted between the early treks of +the emigrants and the treks 'from British rule.' In the former (with +few exceptions) they went, knowing that their Government would follow +them, and even anxious to have its support and its representatives; +and the people who formed their migrating parties were those who had +no or insufficient land in the settled parts, those who were starting +life on their own account, or those whose families could not be +located <a id="pg.004"></a>and provided for in the cramped circumstances of the more +occupied parts. In the other case, rich and poor, old and young, +went off as in the days and in the fashion of Moses or Abraham. They +went without leave or help of the Government; secretly or openly +they went, and they asked nothing but to be left alone. They left +their homes, their people, the protection of an established +Government and a rough civilization, and went out into the unknown. +And they had, as it appeared to them, and as it will appear to many +others, good reasons for taking so grave a step. For, although the +colonists of South Africa enjoyed better government, and infinitely +more liberty, under British rule, than they had under the tyrannical +<i>régime</i> of the Dutch East India Company twenty years before +(against which the Boers had twice risen in rebellion) there were +many things which were not as they should have been. A generation +had grown up which knew nothing of the arbitrary and oppressive rule +of the old Dutch Company. Simple folks have long memories, and all +the world over injuries make a deeper and more lasting impression +than benefits; and the older generation of Boers, which could recall +a condition of things contrasting unpleasantly with British rule, +also remembered the executions of Slagters Nek—a vindication of the +law which, when all allowance has been made for disturbed times, and +the need of strong measures to stop rebellion in a newly-acquired +country, seems to us to-day to have been harsh, unnecessary, and +unwise in policy, and truly terrible in the manner of fulfilment.</p> + +<p>The Boers have produced from their own ranks no literary champion to +plead or defend their cause, and their earlier history is therefore +little known, and often misunderstood; but to their aid has come Mr. +George McCall Theal, the South African historian, whose years of +laborious research have rescued for South Africa much that would +otherwise have been lost. In his 'History of the Boers' Mr. Theal +records the causes of the great emigration, and shows how the Boers +stood up for fair treatment, and fought the cause, not of Boers +alone, but of all colonists. Boers and British were alike harshly and +ignorantly treated by high-handed Governors, and an ill-informed and +prejudiced Colonial Office, who made <a id="pg.005"></a>no distinction on the grounds +of nationality between the two; for we read that Englishmen had been +expelled the country, thrown in gaol, had their property +confiscated, and their newspapers suppressed for asserting their +independence, and for trifling breaches of harsh laws. The following +extract gives the best possible synopsis of the causes, and should +whet an appetite which can be gratified by the purchase of Mr. +Theal's book:</p> + +<div class="quoted"> + +<p>Why, then, did these men abandon their homes, sacrifice whatever +property could not be carried away, and flee from English rule as +from the most hateful tyranny? The causes are stated in a great mass +of correspondence addressed by them to the Colonial Government, and +now preserved, with other colonial records, in declarations published +by some of them before leaving, in letters to their relatives and to +newspapers, and in hundreds of pages of printed matter, prepared by +friendly and hostile hands. The declaration of one of the ablest men +among them assigns the following as the motives of himself and the +party that went with him:</p> + +<div class="opener"> + 'GRAHAM'S TOWN,<br /> + '<i>January 22, 1837</i></div> + +<p>'1. We despair of saving the colony from those evils which threaten +it by the turbulent and dishonest conduct of vagrants who are allowed +to infest the country in every part; nor do we see any prospect of +peace or happiness for our children in a country thus distracted by +internal commotions.</p> + +<p>'2. We complain of the severe losses which we have been forced to +sustain by the emancipation of our slaves, and the vexatious laws +which have been enacted respecting them.</p> + +<p>'3. We complain of the continual system of plunder which we have for +years endured from the Kaffirs and other coloured classes, and +particularly by the last invasion of the colony, which has desolated +the frontier districts, and ruined most of the inhabitants.</p> + +<p>'4. We complain of the unjustifiable odium which has been cast upon +us by interested and dishonest persons, under the name of religion, +whose testimony is believed in England, to the exclusion of all +evidence in our favour; and we can foresee, as the result of this +prejudice, nothing but the total ruin of the country.</p> + +<p>'5. We are resolved, wherever we go, that we will uphold the just +principles of liberty; but, whilst we will take care that no one is +brought by us into a condition of slavery, we will establish such +regulations as may suppress crime, and preserve proper relations +between master and servant.</p> + +<p>'6. We solemnly declare that we leave this colony with a desire to +enjoy a quieter life than we have hitherto had. We will not molest +any people, nor deprive them of the smallest property; but, if +attacked, we shall consider ourselves fully justified in defending +our persons and effects, to the utmost of our ability, against every +enemy.</p> + +<p>'7. We make known that when we shall have framed a code of laws for +our guidance, copies shall be forwarded to this colony for general +information; but we take the opportunity of stating that it is our +firm <a id="pg.006"></a>resolve to make provision for the summary punishment, even with +death, of all traitors, without exception, who may be found amongst +us.</p> + +<p>'8. We purpose, in the course of our journey, and on arrival at the +country in which we shall permanently reside, to make known to the +native tribes our intentions, and our desire to live in peace and +friendly intercourse with them.</p> + +<p>'9. We quit this colony under the full assurance that the English +Government has nothing more to require of us, and will allow us to +govern ourselves without its interference in future.</p> + +<p>'10. We are now leaving the fruitful land of our birth, in which we +have suffered enormous losses and continual vexation, and are about +to enter a strange and dangerous territory; but we go with a firm +reliance on an all-seeing, just, and merciful God, whom we shall +always fear, and humbly endeavour to obey.</p> + +<p>'In the name of all who leave the colony with me,</p> + +<div class="closer"> + 'P. RETIEF.'</div> + +<p>But formal declarations such as the above are not in all instances to +be trusted. It is much safer to compare numerous documents written at +different times, by different persons, and under different +circumstances. For our subject this means of information is as +complete as can be desired. The correspondence of the emigrants with +the Cape Government was the work of many individuals, and extended +over many years. The letters are usually of great length, badly +constructed, and badly spelt—the productions, in short, of +uneducated men; but so uniform is the vein of thought running through +them all, that there is not the slightest difficulty in condensing +them into a dozen pages. When analyzed, the statements contained in +them are found to consist of two charges, one against the Imperial +Government, the other against the agents in South Africa of the +London Missionary Society.</p> + +<p>The Imperial Government was charged with exposing the white +inhabitants of the colony, without protection, to robbery and murder +by the blacks; with giving credence in every dispute to statements +made by interested persons in favour of savages, while refusing to +credit the testimony, no matter how reliable, of colonists of +European extraction; with liberating the slaves in an unjust manner; +and generally with such undue partiality for persons with black skins +and savage habits, as to make it preferable to seek a new home in the +wilderness than remain under the English flag.</p> + +<p>The missionaries of the London Society were charged with usurping +authority that should properly belong to the civil magistrate; with +misrepresenting facts; and with advocating schemes directly hostile +to the progress of civilization, and to the observance of order. And +it was asserted that the influence of these missionaries was all +powerful at the Colonial Office in London, by which the colony, +without a voice in the management of its affairs, was then ruled +absolutely.</p> + +<p>In support of the charges against the Imperial Government, the +emigrants dwelt largely upon the devastation of the eastern districts +by the Kaffirs' inroad of December, 1834, which was certainly +unprovoked by the colonists. Yet Lord Glenelg, who was then Secretary +of State for the Colonies, justified the Kaffirs, and not only +refused to punish them, but actually gave them a large slip of land, +including the dense jungles along the Fish River, that had long +been part of the colony; and made no other provision against the +recurrence of a destructive invasion than a series of treaties with a +number of barbarous chiefs, who had no regard for their engagements. +This event is the most prominent feature <a id="pg.007"></a>in the correspondence of +the emigrants; it is fairly recorded, and the language used is in +general much more moderate than that employed by the English +frontier colonists when relating the same circumstance.</p> + +<p>Next stands the removal of all restraint from the coloured population +of the colony, without the protection to the whites of even a Vagrant +Act. Several of the colonial divisions had been for ten or twelve +years overrun by fugitives from the Basuto and Betshuana countries, +who had been driven from their own homes by the troubles already +recorded. These people were usually termed Mantatees or Makatees, +from the supposition that they were all subjects of Ma Ntatisi. +Towards the eastern frontiers Kaffirs, and after the war Fingos, +wandered about practically wherever they chose. In the remainder of +the colony Hottentots, free blacks, and mixed breeds came and went as +they pleased. How is it possible, said the farmers, for us to +cultivate the ground, or breed cattle, with all these savages and +semi-savages constantly watching for opportunities to plunder +us—with no police, and no law under which suspicious characters can +be arrested and made to account for their manner of living?</p> + +<p>Much is said of the reproofs of Sir Benjamin D'Urban by the Secretary +of State, and, after 1838, of the dismissal of that Governor, (1) The +emigrants asserted that he was the best Governor the colony had had +since it became subject to England; they dwelt upon his benevolence, +his ability, his strict justice, his impartiality to white and black, +his efforts to promote civilization; and then they complained, in +words more bitter than are to be found when they referred to any +other subject, that the good Governor had been reproved, and finally +deprived of his office, because he had told the plain truth, +regardless of the London Missionary Society; and had endeavoured to +mete out to black criminals the same justice that he would have meted +out had they been white. There is now no one in South Africa who does +not agree with the emigrants in this matter. Nearly half a century +has passed away since Sir Benjamin D'Urban was forced into retirement +by Lord Glenelg; and during that period the principal measures which +he proposed have been approved of and adopted, while the successors +of those missionaries who were his bitter opponents are at present +among the strongest advocates of his system of dealing with the +natives.</p> + +<p>Sir Benjamin D'Urban remained in South Africa, after being deprived +of office, until the reversal of his policy towards the natives was +admitted by most people even in England to have been a mistake. He +did not leave the Cape until April, 1846, just after the commencement +of the War of the Axe.</p> + +<p>Concerning the liberation of the slaves, there is less in this +correspondence than one might reasonably expect to find. Many scores +of pages can be examined without any allusion whatever to it. Nowhere +is there a single word to be found in favour of slavery as an +institution; the view of the emigrants, with hardly an exception, +being fairly represented in the following sentence, taken from a +letter of the Volksraad at Natal to Sir George Napier: 'A long and +sad experience has sufficiently convinced us of the injury, loss, and +dearness of slave labour, so that neither slavery nor the slave trade +will ever be permitted among us.'</p> +</div> + +<p>[The allusions to the emancipation of slaves, and to slavery as an +institution, will be considered by many to need some <a id="pg.008"></a>modification or +explanation. The Dutch even to-day speak of the emancipation as the +real cause of the great exodus; and the system of indenture, and +the treatment of natives generally by the Boers, cannot fairly be +regarded as warranting the view expressed by Mr. Theal in connection +with this letter to Sir George Napier.]</p> + +<div class="quoted"> + +<p>It is alleged, however, that the emancipation, as it was carried out, +was an act of confiscation. It is stated that most of the slaves were +brought to the colony in English ships, and sold by English subjects; +that when, in 1795, the colony was invited by English officers of +high rank to place itself under the protection of England, one of the +inducements held out was security in slave property; at the same time +those officers warning the colonists that if France obtained +possession she would liberate the slaves, as she had done in +Martinique, thereby ruining this colony as she had ruined that +island; that the English Government had recently and suddenly changed +its policy, and required them to conform to the change with equal +alacrity, whereas they were convinced that gradual emancipation, with +securities against vagrancy, was the only safe course. The +emancipation had been sudden, and the slaves had been placed upon a +perfect political equality with their former proprietors. The +missionaries applauded this as a noble and generous act of the +Imperial Government, and they were told that by everyone in England +it was so regarded. But at whose expense was this noble and generous +act carried out? Agents of the Imperial Government had appraised the +slaves, generally at less than their market value. Two-fifths of this +appraisement, being the share apportioned to the Cape out of the +twenty million pounds sterling voted by the Imperial Parliament, had +then been offered to the proprietors as compensation, if they chose +to go to London for it, otherwise they could only dispose of their +claims at a heavy discount. Thus, in point of fact, only about +one-third of the appraised amount had been received. To all +slave-holders this had meant a great reduction of wealth, while to +many of those who were in debt it was equivalent to the utter +deprivation of all property.</p> +</div> + +<p>As regards the missionaries, a crusade was organized by some of these +worthies, who had themselves married Kaffir women, and who spared no +effort and showed no scruple in blackening the name of colonist.</p> + +<div class="quoted"> + +<p>The views and interests of the colonists and of these men were so +different that concord was hardly possible. The missionaries desired +that the blacks should be collected together in villages: the +colonists were unwilling that they should be thus withdrawn from +service. 'Teach them the first step in civilization, to labour +honestly for their maintenance, and add to that oral instruction in +the doctrines of Christianity,' said the colonists. 'Why should they +be debarred from learning to read and write? And as there can only be +schools if they are brought together in villages, why should they not +be collected together?' replied the missionaries.</p> + +<p><a id="pg.009"></a>Then came another and a larger question. By whom should the waste +places of the land, the vast areas which were without other occupants +than a few roving Bushmen, be peopled? 'By the white man,' said the +colonists; 'it is to the advantage of the world in all time to come +that the higher race should expand and be dominant here; it would be +treason to humanity to prevent its growth where it can grow without +wrong to others, or to plant an inferior stock where the superior can +take root and flourish.' 'By Africans,' said the missionaries; 'this +is African soil; and if mission stations are established on its +desolate tracts, people will be drawn to them from the far interior, +the community will grow rapidly, those enlightened by Christianity +here will desire in their turn to enlighten their friends beyond, and +thus the Gospel teaching will spread until all Africa stretches out +its hands to God.' Coupled with such arguments, which were constantly +used by missionaries in the early part of this century, before their +enthusiasm was cooled by experience, were calculations that appealed +strongly to the commercial instincts of people in England. A dozen +colonial farmers required something like a hundred square miles of +land for their cattle runs; on this same ground, under missionary +supervision, three or four hundred families of blacks could exist; +these blacks would shortly need large quantities of manufactured +goods; and thus it would be to the interest of trade to encourage +them rather than the colonists. 'Already,' said they, 'after only a +few years' training, many blacks can read as well or better than the +ordinary colonists, and are exhibiting a decided taste for +civilization.'</p> + +<p>There was thus a broad line of demarcation between the colonists and +such of the missionaries as held these views, and the tendency on +each side was to make it still broader. It was deepened into positive +antipathy towards those missionaries who, following Dr. Vanderkemp's +example, united themselves in marriage with black women, and +proclaimed themselves the champions of the black population against +the white. Everyone acquainted with South African natives knows how +ready they are to please their friends by bringing forward charges +against anyone whom those friends dislike. Unfortunately the +missionaries Vanderkemp and Read were deceived into believing a great +number of charges of cruelty made against various colonists, which a +little observation would have shown in most instances to be +groundless; and thereupon they lodged accusations before the High +Court of Justice. In 1811 between seventy and eighty such cases came +before the Circuit Court for trial. There was hardly a family on the +frontier of which some relative was not brought as a criminal before +the judges to answer to a charge of murder or violent assault. +Several months were occupied in the trials, and more than a thousand +witnesses were examined, but in every instance the most serious +charges were proved to be without foundation. Only a few convictions, +and those of no very outrageous crimes, resulted from these +prosecutions, which kept the entire colony in a ferment until long +after the circuit was closed.</p> + +<p>Thus far everyone will approve of the sentiments of one party or the +other according to his sympathy, but in what follows no unprejudiced +person who will take the trouble to study the matter thoroughly can +acquit the anti-colonial missionaries of something more faulty than +mere error of judgment. For years their writings teemed with charges +against the colonists similar to those they had brought before the +High Court of Justice. These writings were circulated widely in +Europe, where the voice of the colonists was never heard, and they +created <a id="pg.010"></a>impressions there which no refutation made in South Africa +could ever counteract. The acts, the language, even the written +petitions of the colonists, were so distorted in accounts sent home, +that these accounts cannot now be read by those who have made +themselves acquainted with the truth, without the liveliest feelings +of indignation being excited.</p> + +<p>The colonists learned that in England they were regarded as cruel +barbarians because they refused to permit Hottentot herds, swarming +with vermin, to be seated in their front rooms at the time of family +prayer. They found themselves pictured as the harshest of +taskmasters, as unfeeling violators of native rights. And of late +years it had become plain to them that the views of their opponents +were being acted upon at the Colonial Office, while their complaints +were wholly disregarded.</p> + +<p>Several causes of dissatisfaction, besides those above mentioned, +contributed to the impulse of emigration, but all in a very slight +degree. Judge Cloete, in his 'Five Lectures,' mentions the severe +punishment inflicted upon the frontier insurgents of 1815 as one of +them; and there is no doubt that it was so with some families, though +no trace of it can be found in the correspondence of the emigrants. +The substitution in 1827 of the English for the Dutch language in the +colonial courts of law was certainly generally felt as a grievance. +The alteration in 1813 of the system of land tenure, the redemption +in 1825 of the paper currency at only thirty-six hundredths of its +nominal value, and the abolition in 1827 of the courts of landdrost +and heemraden, unquestionably caused much dissatisfaction, though all +of these measures are now admitted by everyone to have been +beneficial. The long delay in issuing titles to farms, the cost of +which has been paid to Government years before, is mentioned as a +grievance in some of the declarations.</p> +</div> + +<p>Two parties—men, women, and children—numbering ninety-eight in all, +pioneered the great trek; of these twenty-six survived fever and +fighting, loss of provisions, waggons, and cattle, and a long weary +tramp from Zoutpansberg to Delagoa Bay, and were rescued and taken +thence to Natal, and two children were carried off by the natives. +The survivors were three women with their twelve children—seven +orphan children and four youths. Not a single grown man escaped.</p> + +<div class="quoted"> + +<p>During the winter of 1836 preparations for emigration were being made +over the eastern and midland districts. The Governor was perfectly +helpless in the matter. The Attorney-General, Mr. A. Oliphant, was +consulted by the Governor, and gave his opinion that 'it seemed next +to an impossibility to prevent persons passing out of the colony by +laws in force, or by any which could be framed.' On August 19 Sir +Benjamin D'Urban wrote to the Lieutenant-Governor, Sir Andries +Stockenstrom, that 'he could see no means of stopping the emigration, +except by persuasion, and attention to the wants and necessities of +the farmers.' In that direction the Governor had done all that was in +his power, but he could not act in opposition to the instructions of +the Secretary of State. Sir Andries Stockenstrom himself, in replying +to an address from the inhabitants of Uitenhage, <a id="pg.011"></a>stated that 'he +was not aware of any law which prevented any of his Majesty's +subjects from leaving his dominions and settling in another country; +and such a law, if it did exist, would be tyrannical and +oppressive.'</p> +</div> + +<p>The story of the trekkers is one of surpassing interest, and must +enlist for them the sympathy and unbounded admiration of all.</p> + +<p>By the middle of the year 1837 there were over one thousand waggons +between the Caledon and Vaal rivers—truly a notable and alarming +exodus; and the Boers then began the work of carving out new +countries for themselves. Their history surpasses all fiction in its +vicissitudes, successes, and tragedies. They fought and worked and +trekked, onward, always onward—never returning—on beyond the +furthermost outposts of civilization.</p> + +<p>And so the story rolls on, gaining pathos, but losing no whit of +interest from its eternal sameness. They fought, and worked, and +starved, and died for their land of promise, where they might hope to +be alone, like the simple people of their one Book; where they might +never know the hated British rule; where they might never experience +the forms and trammels, the restlessness and changes, the worries, +the necessities or benefits, of progressing civilization. Their +quarrel had been with the abuses and blunders of one Government; but +a narrow experience moved them to mistrust all but their own pastoral +patriarchal way, moulded on the records of the Bible, and to regard +the evidences of progress as warnings of coming oppression and +curtailment of liberty, and a departure from the simple and ideal +way. The abuses from which they suffered are no more; the methods +which were unjust have been abandoned; the ignorance of the ruler has +been dispelled; in place of despotism there is autonomy; justice +rules where ignorance and bias sat; liberty where there was +interference; protection for oppression; progress and civilization +have increased as in no other epoch; and the nation and Government +from which they severed themselves have taken their place in the very +forefront of all. But the Boer sees with the eyes of sixty years ago!</p> + +<p>The ideal was impossible, the struggle hopeless, the end <a id="pg.012"></a>certain. +They trekked, and trekked and trekked again; but the flag of +England—emblem of all they hated—was close by; behind, beside, +in front, or over them; and the something which they could not +fight—the ever-advancing tide of civilization—lapped at their +feet, and slowly, silently, and for ever blotted out the line where +they had written, 'Thus far and no further.'</p> + +<p>The South African Republic had been in existence as an independent +State for twelve years when it reached that condition of insolvency +which appeared to invite, or at least justify, annexation, as the +only alternative to complete ruin and chaos. And there are very few, +even among the most uncompromising supporters of the Boers, who +seriously attempt to show that the Transvaal had any prospect of +prolonging its existence as an independent State for more than a few +months when Sir Theophilus Shepstone annexed it in 1877. The +following picture is from a book published by the late Alfred +Aylward, the Fenian, more anti-British than the Boer himself, who was +present at the time, and wrote his book in order to enlist sympathy +for the movement then (1878) organized to obtain a cancellation of +the annexation. The value of Aylward's testimony would not be fairly +appreciated without some explanation.</p> + +<p>Sir Bartle Frere describes him (and quotes Scotland Yard authorities +who knew him well) as one of the party who murdered the policeman at +Manchester, and one of the worst and most active of the dynamiting +Irishmen—a professional agitator, who boasted of his purpose to +promote the Transvaal rebellion. Major Le Caron, too, stated on oath +before the Parnell Commission that money was sent by the Irish Rebel +Societies, through Aylward, to stir up the Transvaal rebellion. This +is what Aylward says:</p> + +<div class="quoted"> + +<p>All South Africa was for the moment at rest, with the exception of +the district of Utrecht, where an old-standing grievance with +Cetewayo was the cause of some little alarm and excitement (<i>i.e.</i>, +Cetewayo's threatened invasion). Still, the Transvaal was disturbed +throughout its whole extent by the expectation of some pending +change—a change coming from the outside, which had been invited by +an active, discontented party, chiefly foreigners, dwellers in towns, +non-producers, place-hunters, deserters, refugees, land-speculators, +'development-men,' and <a id="pg.013"></a>pests of Transvaal society generally, who +openly preached resistance to the law, refusal to pay taxes, and +contempt of the natural and guaranteed owners of the country in +which they lived, in the distinctly expressed hope that foreign +intervention would fill the country with British gold, and conduce +to their own material prosperity. The Boers, spread over a country +larger than France, were stunned into stupor by the demonstrative +loudness of the party of discontent. In some districts they (the +Boers) were poor, and could not readily pay the taxes imposed upon +them by the wars and railway projects of the Government. Their +Volksraad was in Session, but its every action was paralyzed by the +gloom of impending dissolution.</p> + +<p>The Republic owed Ł215,000, which it had no immediate means of +paying. Its creditors were clamorous; whilst the Executive, turn to +which side it would, found itself confronted by threats, reproaches, +accusations of slavery and cruelty based upon hearsay, and which, +like the annexation that steadily approached, could not be met, +because neither of them had yet assumed the evidenced consistency of +actual fact. There was no public opinion to support the Government or +to save the Republic. The Boers lived far apart from each other, +whilst the annexationists and the party of disorder dwelt, in compact +communities, in towns and mining villages. Into the midst of this +confusion—into the capital of this bewildered State—entered Sir +Theophilus Shepstone and his staff. He had not come to seize the +country—he had come as 'an adviser, as a helper, and as a friend'; +but his advent was a blight—an incubus which rendered additionally +powerless the unfortunate President and his Council. The coming of +Sir Theophilus Shepstone was, to the minds of nearly all, but too +clearly the forerunner of change. In the face of this additional +whet to the anticipations of the party of disturbance, something +that has been described as anarchy prevailed. Everyone waited; all +fell into a state of expectation; no one attempted to save the State, +or repel the danger. At the same time, there was no anarchy in the +proper sense of the word. Justice sat on her seat; criminals were +arrested and brought to trial; actions at law were heard and +determined; and in no one place, save the goldfields, was authority, +even for a moment, defied. There the law vindicated itself without +having used violence or shed one drop of blood. Not one single +public outrage, not one unpunished crime, marked this period of +suspense, which is described by partizan writers as a time of +chaos and anarchy.</p> + +<p>Peace was granted to Secocoeni, and the quietness and gloom of the +country became even more profound.</p> + +<p>Now, had a commission, royal or joint, been opened in Pretoria to +inquire into the truth of the allegations made against the +Government, history might perhaps be able to record that judgment, +followed by justice, had overtaken the Transvaal. No commission was +opened. There was a banquet and a ball. The suspense increased in +intensity. Understrappers, and agents of the discontented faction, +filled the country with rumours of impending annexation, and +sometimes of impending conquest. The Boers, the inhabitants of the +country, asked day after day what was the mission of the English +Commissioner. They visited him in hundreds; but he knew the wonderful +advantage to be gathered from the heightening of the mystery, and the +intensifying of the excitement. He listened to everyone; but he +maintained a gloomy and impassive silence, neither checking the +aspirations of the annexationists, nor dissipating the forebodings of +the farmers.</p> + +<p>News arrived that troops were marching towards, and massing on, +<a id="pg.014"></a>the border; rumours spread that annexation was inevitable. Sir +Theophilus sought not to alleviate the anxieties of the Government, +nor to quell the now rising alarm amongst the people; he simply sat +still and listened, watching the writhings and stragglings of the +doomed Volksraad, and awaiting a favourable moment to end its +existence.</p> + +<p>At length someone determined to ask: 'Was it not possible to avert +this annexation which loomed before every mind, brooding like a +shadow upon the country?' He went to Sir Theophilus; he asked his +question; and at length the oracle spoke. Without moving a muscle of +his wonderfully impassive countenance, without even raising his eyes +to look at the interlocutor, Sir Theophilus calmly murmured: 'It is +too late!—too late!' And so, without the authorization of the home +Government, without the consent of her Majesty's High Commissioner, +without the concurrence of the Volksraad, against the will of +thirty-nine-fortieths of the people, and in defiance of the protest +of their Executive, as Mr. Anthony Trollope puts it, Sir Theophilus +said: 'Then and from thenceforth the Transvaal shall be British +property!' So he put up the Queen's flag.</p> + +<p>Now, it is impossible to conceive anything more admirable for its +discretion, more wisely calculated as to the moment of its +occurrence, or more suavely and yet firmly done than this act. There +was not a blow struck, not a shot fired; and the first impulse of +nearly every person in the country, whether in principle opposed to +annexation or not, was to congratulate Sir Theophilus Shepstone on +the skill, tact, and good fortune with which he had put an end to the +excessive anxiety, the mental strain, the fears, hopes, and +expectations by which the whole country was paralyzed. Whether the +annexation be now held to be right or wrong, its execution, so far as +regards the act itself, was an unparalleled triumph of tact, modesty, +and firmness.</p> + +<p>It was not discovered at the moment, and it never entered into any +man's mind to consider, that it was the presence in Pretoria of Sir +Theophilus himself that had created the anxiety, and caused the +paralysis; and that it was his arts and presence that had tightened +and strung up into quivering intensity the mind of the country. He +had broken the spell; he had introduced certainty in place of +uncertainty; and he was congratulated, and very properly so, for the +manner in which he had brought to a conclusion his hazardous mission.</p> +</div> + +<p>Sir Theophilus Shepstone's despatches record his negotiations with +President Burgers, and the arrangement which allowed him to make a +formal protest against the annexation, so as to satisfy his +Irreconcilables, whilst he in reality not only assented to the +measure, but even assisted the completion of it, and discussed the +details with Shepstone, who in turn had revised President Burgers' +'protest.'</p> + +<p>On April 3, 1877, Shepstone had written to Frere:</p> + +<div class="quoted"> + +<p>Mr. Burgers, who had been all along, as far as his conversation and +professions to me went, in full accord with me, had suddenly taken +alarm; he made impossible proposals, all of which involved infinite +delay, and, of course, dangerous agitation. As far as I am concerned, +<a id="pg.015"></a>it is impossible for me to retreat now, come what may. If I were to +leave the country, civil war would at once take place, as the natives +would consider it the sunshine in which they could make hay in the +Transvaal; the goldfields are in a state of rebellion against the +Transvaal Government, and they are kept from overt acts only by my +warnings and entreaties.</p> +</div> + +<p>And eight days later he wrote to Mr. Robert Herbert enclosing his +letter under 'flying seal' to Frere:</p> + +<div class="quoted"> + +<p>There will be a protest against my act of annexation issued by the +Government, but they will at the same time call upon the people to +submit quietly, pending the issue; you need not be disquieted by such +action, because it is taken merely to save appearances, and the +members of the Government from the violence of a faction that seems +for years to have held Pretoria in terror when any act of the +Government displeased it.</p> + +<p>You will better understand this when I tell you privately that the +President has from the first fully acquiesced in the necessity for +the change, and that most of the members of the Government have +expressed themselves anxious for it; but none of them have had the +courage openly to express their opinions, so I have had to act +apparently against them; and this I have felt bound to do, knowing +the state and danger of the country, and that three-fourths of the +people will be thankful for the change when once it is made.</p> + +<p>Yesterday morning Mr. Burgers came to me to arrange how the matter +should be done. I read to him the draft of my Proclamation, and he +proposed the alteration of two words only, to which I agreed. He +brought to me a number of conditions which he wished me to insert, +which I have accepted, and have embodied in my Proclamation. He told +me that he could not help issuing a protest, to keep the noisy +portion of the people quiet—and you will see grounds for this +precaution when I tell you that there are only half a dozen native +constables to represent the power of the State in Pretoria, and a +considerable number of the Boers in the neighbourhood are of the +lowest and most ignorant class. Mr. Burgers read me, too, the draft +of his protest, and asked me if I saw any objection to it, or thought +it too strong. I said that it appeared to me to pledge the people to +resist by-and-by; to which he replied that it was to tide over the +difficulty of the moment, seeing that my support, the troops, were a +fortnight's march distant, and that by the time the answer to the +protest came, all desire of opposition would have died out. I +therefore did not persuade him from his protest.</p> + +<p>You will see, when the proclamation reaches you, that I have taken +high ground. Nothing but annexation will or can save the State, and +nothing else can save South Africa from the direst consequences. All +the thinking and intelligent people know this, and will be thankful +to be delivered from the thraldom of petty factions, by which they +are perpetually kept in a state of excitement and unrest, because the +Government, and everything connected with it, is a thorough sham.</p> +</div> + +<p>This arrangement with President Burgers was a most improper +compromise on both sides. Moreover, Shepstone <a id="pg.016"></a>received the protests +of the Executive Council and of the Volksraad before he issued his +proclamation. He had plenty of evidence to show that even if his +action was approved by the majority, the Boers were sufficiently +divided to demand some delay. He knew that the members of the +Government and of the Raad would not face the responsibility of +relinquishing the State's independence, although he received +private assurances and entreaties encouraging him to act. He had +representations and deputations from the Boers themselves, +sufficient in weight and number to warrant his belief that a large +proportion of the people desired annexation. He should not have +allowed the 'hedging' that was practised at his expense. The Boer +leaders were 'between the devil and the deep sea.' There can be no +doubt whatever that they dearly loved and prized their independence, +and would have fought even then for it had they been in a position +to preserve and profit by it; but they were not. They dared neither +ask for relief at the price of annexation, nor reject the proffered +relief at the price of continuing the hopeless struggle. So they +compromised. They took the relief, they accepted pay of the new +Government, and entered a protest, so as to put themselves right +with the records and stand well with untamed ones of the party.</p> + +<p>The Act of Annexation is so generally condemned by the friends and +sympathizers of the Boers, and is so persistently quoted by them as +the cause of the Boer War, that it is only right to show clearly what +the opinion was at that time; and if it be deemed that overmuch space +is given to this matter, the answer is, that it is quoted now as the +crime which gave rise to the present hatred and mistrust of England, +and it is all-important that the truth should be clear.</p> + +<p>This is what Mr. J.F. Celliers, the patriotic editor of the Boer +newspaper, <i>De Volksstem</i>, wrote in reviewing the work of the special +session of the Volksraad, convened to deal with the questions of Lord +Carnarvon's Federation Bill, and the rescuing of the country from +ruin and chaos:—'During the session we have repeatedly had occasion +to comment on the doings of the Raad. These comments have not been +favourable, and we regret to say that we have found in the closing +scenes of our Legislature no reason to alter our opinions.' <a id="pg.017"></a>Then +follows a scathing account of the 'work done,' in which occur such +references as:—'With the exception of a couple of members, +no one had the sense or manliness to go into the question of +confederation'; and 'The most surprising feature of the whole +affair was this—that most of the speakers seemed not to have the +faintest conception of the desperate condition in which the country +stood....' And again, under date of March 28: 'About three months +ago we said we would prefer confederation under the British flag if +the state of anarchy then threatening were to continue. We know that +a good and stable Government is better than anarchy any day.'</p> + +<p>It is noteworthy that the writer of the above is the same Mr. +Celliers who, two years later, was put in gaol by Colonel Lanyon on a +charge of sedition, because he attacked the Administration for its +failure to keep the promises made at the time of annexation.</p> + +<p>Three thousand out of eight thousand voters actually signed petitions +in favour of annexation. In the Raad, President Burgers openly +reproached members for proclaiming in public, and for improper +reasons, views diametrically opposed to those privately expressed on +the confederation and annexation questions; and refused to consult +with three out of four members appointed as a deputation to confer +with him on these subjects, because they had not paid their taxes, +and had so helped by example, not less than by the actual offence, to +cause the ruin of the country and the loss of independence. And on +March 3 President Burgers read an address to the Raad, in which the +following words occur:</p> + +<div class="quoted"> + +<p>'I would rather be a policeman under a strong Government than the +President of such a State. It is you—you members of the Raad and the +Boers—who have lost the country, who have sold your independence for +a <i>soupe</i> (a drink). You have ill-treated the natives, you have shot +them down, you have sold them into slavery, and now you have to pay +the penalty.'</p> + +<hr> + +<p>'We should delude ourselves by entertaining the hope that matters +would mend by-and-by. It would only be self-deceit. I tell you +openly, matters are as bad as they ever can be; they cannot be worse. +These are bitter truths, and people may perhaps turn their backs on +me; but then I shall have the consolation of having done my duty.'</p> + +<hr> + +<p><a id="pg.018"></a>'It is said here this or that man must be released from taxes, +because the Kaffirs have driven them off their farms, and occupy the +latter. By this you proclaim to the world that the strongest man is +master here, that the right of the strongest obtains here.' [Mr. +Mare: 'This is not true.'] 'Then it is not true what the honourable +member, Mr. Breytenbach, has told us about the state of the Lydenburg +district; then it is not true either what another member has said +about the farms in Zoutpansberg, which are occupied by Kaffirs. +Neither is it true, then, what I saw with my own eyes at Lydenburg, +where the burghers had been driven off their farms by the Kaffirs, +and where Johannes was ploughing and sowing on the land of a burgher. +These are facts, and they show that the strongest man is the master +here. The fourth point which we have to take into account affects our +relations with our English neighbours. It is asked, What have they +got to do with our position? I tell you, as much as we have to do +with that of our Kaffir neighbours. As little as we can allow +barbarities among the Kaffirs on our borders, as little can they +allow that in a state on their borders anarchy and rebellion should +prevail.'</p> + +<hr> + +<p>'Do you know what has recently happened in Turkey? Because no +civilized government was carried on there, the Great Powers +interfered and said, "Thus far, and no further." And if this is done +to an empire, will a little republic be excused when it misbehaves?</p> + +<hr> + +<p>'Complain to other Powers, and seek justice there? Yes, thank God! +justice is still to be found, even for the most insignificant; but it +is precisely the justice which will convict us. If we want justice, +we must be in a position to ask it with unsullied hands.'</p> + +<hr> + +<p>'Whence has arisen that urgency to make an appeal for interference +elsewhere? Has that appeal been made only by enemies of the State? Oh +no, gentlemen; it has arisen from real grievances. Our people have +degenerated from their former position; they have become demoralised; + they are not what they ought to be.'</p> + +<hr> + +<p>'To-day a bill for Ł1,100 was laid before me for signature; but I +would sooner have cut off my right hand than sign that paper, for I +have not the slightest ground to expect that when that bill becomes +due there will be a penny to pay it with.'</p> +</div> + +<hr> + +<p>The President added, and his statements remained uncontradicted:</p> + +<div class="quoted"> + +<p>The principal thing which had brought them to their present position +was that to which they would not give attention. It was not this or +that thing which impeded their way, but they themselves stopped the +way; and if they asked him what prevented the people from remaining +<a id="pg.019"></a>independent, he answered that the Republic was itself the +obstruction, owing to the inherent incapacity and weakness of the +people. But whence this weakness? Was it because they were deformed? +because they were worse than other people? because they were too few +and too insignificant to occupy the country? Those arguments did not +weigh with him. They were not true; he did not consider them of any +importance. The people were as good as any other people, but they +were completely demoralized; they had lost faith in God, reliance +upon themselves, or trust in each other. Hence he believed they were +inherently weak.</p> + +<hr> + +<p>He did not believe that a new constitution would save them; for as +little as the old constitution had brought them to ruin, so little +would a new constitution bring them salvation.</p> + +<hr> + +<p>The Great Powers, with all their greatness, all their thousands of +soldiers, would fall as quickly as this State had fallen, and even +more quickly, if their citizens were to do what the citizens of this +State had done; if the citizens of England had behaved towards the +Crown as the burghers of this State had behaved to their Government, +England would never have stood as long as she had, not even as long +as this State had stood. This State owed obligations to other +countries; they knew that the fire which had nearly consumed this +State would, if felt by them, very soon consume them also.</p> + +<hr> + +<p>In several of the cities of Holland there were people who had +subscribed for only one debenture, because they thought men of their +own blood were living in South Africa. What was the consequence? The +interest up to July last had been paid; in January of this year +Ł2,250 was due for interest, and there was not a penny to meet it.</p> + +<hr> + +<p>To take up arms and fight was nonsense; to draw the sword would be to +draw the sword against God, for it was God's judgment that the State +was in the condition it was to-day; and it was their duty to inquire +whether they should immerse in blood the thousands of innocent +inhabitants of this country, and if so, what for? For an idea—for +something they had in their heads, but not in their hearts; for an +independence which was not prized. Let them make the best of the +situation, and get the best terms they possibly could; let them agree +to join their hands to those of their brethren in the south, and then +from the Cape to the Zambesi there would be one great people. Yes, +there was something grand in that—grander even than their idea of a +Republic—something which ministered to their national feeling. And +would this be so miserable? Yes; this would be miserable for those +who would not be under the law, for the rebel and revolutionist, but +welfare and prosperity for the men of law and order.</p> + +<hr> + +<p>They must not underrate their real and many difficulties. He could +point to the south-western border, the Zulu, the goldfields, and +other <a id="pg.020"></a>questions, and show them that it was their duty to come to an +arrangement with the British Government, and to do so in a bold and +manly manner. An hon. member on Saturday last had spoken with a +fervent patriotism; but he had failed to appreciate the reference, +because it amounted to this—that they must shut their eyes to +everything, so as to keep their independence.</p> +</div> + +<p>President Burgers, who left the Transvaal broken-hearted, more by the +cruel and mean intriguing and dissensions among, and disloyalty of, +his own people, which made the annexation possible, than by the Act +itself, when dying left a statement of the case. It is too long to +reproduce in its entirety. He shows how the English faction worked +for annexation, and how the Dopper party, headed by Kruger, allied +themselves with the former in intrigue against the Government, +thwarting all effort at reform and organization, and encouraging the +refusal to pay taxes. He states plainly that this course was pursued +by Kruger in order to oust him from power, and secure the Presidency +for himself. He shows how he opposed 'that other element which had +formerly worked in secret, viz., British interference, which got a +strong support from the Boers themselves, and one of their chief +leaders, P. Kruger, who had betrayed me, after promising me his and +his party's support.' He gives the final scene as follows:</p> + +<div class="quoted"> + +<p>The Volksraad had gone away, having done nothing but harm. The +members of the Executive had gone home, as if all were safe, and I +sat with a half-new Cabinet and part of an old one, half discharged. +Yet I made one attempt more, and drafted a letter to Shepstone, +intimating that I would oppose the annexation by force of arms, etc.; +and showed this to two members of the Executive. The response to my +appeal, however, was so weak (one of them being in league with the +English) that I had to abandon the project, and try to prepare for +the worst. When, therefore, Shepstone's announcement came—that he +could wait no longer, that he had given us time enough to reform, and +that he must issue his proclamation—I could do no more than advise a +protest, and an appeal to foreign powers. This having been agreed to +by my Government, I met Shepstone in presence of the Executive, and +what could be saved for the country, such as its language, its +legislature, the position of its officials, etc., was arranged. +Before issuing his proclamation, Shepstone desired to see copies of +both mine and the Government protest. This I promised, on condition +he showed me his proclamation before publication: to which he agreed. +To one clause I greatly objected, and protested—namely, the threat +of confiscation of property for disobeying the proclamation. I +pointed out that this was <a id="pg.021"></a>barbarous, and would be punishing a man's +innocent family for his actions. The clause was omitted. This is +the origin of the lie that I helped Shepstone in drawing up this +proclamation. In justice to Shepstone, I must say that I would not +consider an officer of my Government to have acted faithfully if he +had not done what Shepstone did; and if the act was wrong (which +undoubtedly it was), not he, but his Government, is to blame for it.</p> +</div> + +<p>Messrs. Kruger and Jorissen left within a month to protest in England +against the annexation.</p> + +<p>Sir T. Shepstone wrote (May 9): 'Mr. Paul Kruger and his colleague, +Dr. Jorissen, D.D., the Commission to Europe, leave to-day. I do not +think that either of them wishes the Act of Annexation to be +cancelled; Dr. Jorissen certainly does not.' And Mr. J.D. Barry, +Recorder of Kimberley, wrote to Frere (May 15): 'The delegates, Paul +Kruger and Dr. Jorissen, left Pretoria on the 8th, and even they do +not seem to have much faith in their mission. Dr. Jorissen thinks +that the reversal of Sir Theophilus's Act would not only be +impossible, but a great injury to the country.'</p> + +<p>It is not necessary to seek hostile testimony to establish the fact +that the Boers as a whole acquiesced in the annexation; the +foregoing quotation from Aylward's book supplies all that is +needed—unintentionally, perhaps. The Zulu menace, which Aylward so +lightly dismisses, was a very serious matter; the danger a very real +one. It has frequently been asserted by the Boers and their friends +that the Zulu trouble was fomented by a section of the Natal people, +and that Sir Theophilus Shepstone himself, if he did not openly +encourage the Zulu King in his threats and encroachments on the +Transvaal, at any rate refrained from using his unique influence and +power with the Zulus in the direction of peace, and that he made a +none too scrupulous use of the Zulu question when he forced the +annexation of the Transvaal. It is stated that, in the first place, +there was no real danger, and in the next place, if there were, such +was Sir Theophilus's power with the Zulus that he could have averted +it; and in support of the first point, and in demolition of Sir T. +Shepstone's pro-annexation arguments, the following extract from the +latter's despatches is quoted by Aylward and others:</p> + +<div class="quoted"> +<p class="centered"> +<a id="pg.022"></a> +EXTRACT FROM DESPATCH, DATED UTRECHT, TRANSVAAL, JANUARY 29, 1878.</p> + +<p class="centered"> +<i>Sir T. Shepstone to Sir H. Bulwer</i>.</p> + +<p>Par. 12. 'Although this question has existed for many years, and the +settlement of it has been long postponed, yet on no former occasion +has it assumed so serious an aspect, or included so wide an area of +territory; never before has there existed any bar to the farmers +occupying their farms after an absence more or less temporary, caused +by a temporary and local scare. Practically, the line of occupied +farms has not been heretofore affected by the dispute about the +beaconed boundary, but now the prohibition to these has become +absolute by Zulu claims and action. Ruin is staring the farmers in +the face, and their position is, <i>for the time, worse under Her +Majesty's Government than ever it was under the Republic</i>.'</p> +</div> + +<p>Had Sir T. Shepstone's power been as great as represented, it is fair +to suppose that it would have been exerted, and would have prevailed +in support of his own administration; but it seems clear that he +could do nothing; and as to the reality of the danger, nothing could +better establish that than the unpleasant admissions in the foregoing +extract and the initial disasters in the Zulu War a year later. The +Boers' protective power was not lessened by the annexation—quite +otherwise. It was supplemented by British money, arms, and soldiers, +and the prestige of the British flag, and yet things happened as +above described. What would they have been under the old conditions?</p> + +<p>The day before he issued the proclamation Sir T. Shepstone sent a +messenger to Cetewayo, telling him that the Transvaal would be under +British sovereignty, and warning him against aggression in that +direction. Cetewayo replied: 'I thank my father Somtseu (Shepstone) +for his message. I am glad that he has sent it, because the Dutch +have tired me out, and I intended to fight with them once, only once, +and to drive them over the Vaal. Kabana, you see my impis are +gathered. It was to fight the Dutch I called them together. Now I +will send them back to their houses.' (C. 1883, p. 19.)</p> + +<p>Colonel A.W. Durnford; R.E., in a memorandum of July 5, 1877, wrote:</p> + +<div class="quoted"> + +<p>About this time (April 10) Cetewayo had massed his forces in three +corps on the borders, and would undoubtedly have swept the Transvaal, +<a id="pg.023"></a>at least up to the Vaal River, if not to Pretoria itself, had the +country not been taken over by the English. In my opinion, he would +have cleared the country to Pretoria.</p> +</div> + +<p>'I am convinced,' wrote Sir A. Cunynghame, June 12, from Pretoria, +'that had this country not been annexed, it would have been ravaged +by the native tribes. Forty square miles of country had been overrun +by natives, and every house burned, just before the annexation.' And +he wrote again, July 6: 'Every day convinces me that unless this +country had been annexed it would have been a prey to plunder and +rapine from the natives on its border, joined by Secocoeni, Mapok, +and other tribes in the Transvaal. Feeling the influence of the +British Government, they are now tranquil.'</p> + +<p>So much for the reality of the danger. As to the causes of it and the +alleged responsibility of Natal, Sir Bartle Frere, in a letter to +General Ponsonby, made the following remarks:</p> + +<div class="quoted"> + +<p>The fact is, that while the Boer Republic was a rival and +semi-hostile power, it was a Natal weakness rather to pet the Zulus +as one might a tame wolf, who only devoured one's neighbour's sheep. +We always remonstrated, but rather feebly; and now that both flocks +belong to us, we are rather embarrassed in stopping the wolf's +ravages.</p> +</div> + +<p>Sir B. Frere realized fully the dangers, and gave his testimony as to +Boer opinion. On December 15, 1877, he wrote, concerning his policy +towards the Zulus:</p> + +<div class="quoted"> + +<p>My great anxiety is, of course, to avoid collision, and I am +satisfied that the only chance I have of keeping clear of it is to +show that I do not fear it. The Boers are, of course, in a state of +great apprehension, and I have ordered those of the two frontier +districts of Utrecht and Wakkerstroom to hold themselves in +readiness, should I find it necessary to call upon them for active +service.</p> +</div> + +<p>Sir T. Shepstone also wrote, concerning the reality of the danger, +under date December 25:</p> + +<div class="quoted"> + +<p>The Boers are still flying, and I think by this time there must be a +belt of more than a hundred miles long and thirty broad, in which, +with three insignificant exceptions, there is nothing but absolute +desolation. This will give your Excellency some idea of the mischief +which Cetewayo's conduct has caused.</p> +</div> + +<p><a id="pg.024"></a>And again (April 30, 1878):</p> + +<div class="quoted"> + +<p>I find that Secocoeni acts as a kind of lieutenant to Cetewayo. He +received directions from the Zulu King, and these directions are by +Secocoeni issued to the various Basuto tribes in the Transvaal.</p> +</div> + +<p>Sir T. Shepstone rushed the annexation. He plucked the fruit that +would have fallen. He himself has said that he might have waited +until the Zulus actually made their threatened murderous raid. That +might have been Macchiavelian statecraft, but it would not have been +humanity; and there was nothing in the attitude of the Boer leaders +at the time of the annexation which foreshadowed the fierce and +determined opposition which afterwards developed. The fact seems to +be that the people of the Transvaal were either in favour of the +annexation, or were overpowered and dazed by the hopelessness of the +Republic's outlook; and they passively assented to the action of Sir +Theophilus Shepstone and his twenty-five policemen. The Boers were +quite unable to pay the taxes necessary to self-government and the +prosecution of the Kaffir wars. The Treasury was empty—save for the +much-quoted 12s. 6d. The Government Ł1 bluebacks were selling at 1s. +Civil servants' salaries were months in arrear. The President +himself—the excitable, unstable, visionary, but truly enlightened +and patriotic Burgers—had not only drawn no salary, but had expended +his private fortune, and incurred a very heavy liability, in the +prosecution of the unsuccessful Secocoeni war. No amount of <i>ex post +facto</i> evidence as to the supposed feelings and opinions of the Boers +can alter a single one of the very serious facts which, taken +together, seemed to Sir Theophilus to justify the annexation. But it +all comes down to this: If the passive acquiescence in the annexation +coincided strangely with the Republic's failure to defeat its enemies +and pay its debts, it is no whit less odd that Lord Carnarvon's +anxiety for the Republic's safety synchronized with his attempt to +confederate South Africa.</p> + +<p>The real mistakes of the British Government began <i>after</i> the +annexation. The failure to fulfil promises; the deviation from old +ways of government; the appointment of unsuitable officials, who did +not understand the people or their language; the neglect to convene +the Volksraad or to hold fresh elections, <a id="pg.025"></a>as definitely promised; +the establishment of personal rule by military men, who treated the +Boers with harshness and contempt, and would make no allowance for +their simple, old-fashioned ways, their deep-seated prejudices, and, +if you like, their stupid opposition to modern ideas: these things +and others caused great dissatisfaction, and gave ample material for +the nucleus of irreconcilables to work with.</p> + +<p>During the occupation period Mr. Kruger took office under the British +Government, as also did Dr. Jorissen and Chief Justice (then Judge) +Kotzé, and indeed all the officials who had protested against the +annexation, except Mr. Piet Joubert, who declined to do so, and who, +if actions be the test and not words, was the only honest protestant. +Mr. Kruger retained his office for some time after he had concerned +himself in the Repeal agitation, but finally resigned his post on +being refused an increased remuneration, for which he had repeatedly +applied. There can be but little doubt that had this inducement been +forthcoming, he would have remained a loyal British subject.</p> + +<p>The effect of the annexation was to start the wells of plenty +bubbling—with British gold. The country's debts were paid. Secocoeni +and Cetewayo would be dealt with, and the responsibility for all +things was on other and broader shoulders. With the revival of trade, +and the removal of responsibilities and burdens, came time to think +and to talk. The wave of the magician's wand looked so very simple +that the price began to seem heavy. The eaten bread was forgotten. +The dangers and difficulties that were past were of small account now +that they <i>were</i> past; and so the men who had remained passive, and +recorded formal protests when they should have resisted, and taken +steps to show that they were in earnest, began their Repeal +agitation. All the benefits which the Boers hoped from the annexation +had now been reaped. Their pressing needs were relieved. Their debts +had been paid; their trade and credit restored; their enemies were +being dealt with. Repeal would rob them of none of these; they would, +in fact, eat their cake and still have it. The Zulu question had been +taken up, and could not now be left by the Imperial Government to +settle itself. The debts discharged for them and the outlays incurred +might, it is true, be charged <a id="pg.026"></a>to them. They could not be repaid, of +course, for the same reason that you cannot get blood from stone; +and the amount would, therefore, be a National Debt, which was +exactly what they had been trying for years to incur, and the +condition of their credit had made it impossible to do.</p> + +<p>The causes of discontent before given were serious, but the failure +to fulfil promises was not deliberate. Circumstances combined to +prevent Sir Bartle Frere from visiting the Transvaal, as intended and +promised. Native wars (Gaika and Galeka), disagreements between the +Colonial and Imperial authorities, the obstructions and eventual +dismissal of the Molteno-Merriman Ministry—the first under +Responsible Government—Natal and Diamond-fields affairs, and, above +all, the Zulu War, all combined to prevent Sir Bartle Frere from +fulfilling his obligations to settle Transvaal matters.</p> + +<p>In the meantime two deputations had been sent to England, +representing the Boers' case against annexation. The active party +among the Boers, <i>i.e.</i>, the Voortrekker party, the most anti-British +and Republican, though small in itself, had now succeeded in +completely dominating the rest of the Boers, and galvanizing them +into something like national life and cohesion again—a result +achieved partly by earnest persuasion, but largely also by a kind of +terrorism.</p> + +<p>Sir Bartle Frere, who managed at last to visit the Transvaal, in +April, 1879, had evidence of this on his journey up, and in a +despatch to Sir M. Hicks Beach from Standerton on the 6th of that +month he wrote:</p> + +<div class="quoted"> + +<p>I was particularly impressed by the replies of a very fine specimen +of a Boer of the old school. He had been six weeks in an English +prison, daily expecting execution as a rebel, and had been wounded by +all the enemies against whom his countrymen had fought—English, +Zulus, Basutos, Griquas, and Bushmen.</p> + +<p>'But,' he said, 'that was in the days of my youth and inexperience. +Had I known then what I know now, I would never have fought against +the English, and I will never fight them again. Old as I am, I would +now gladly turn out against the Zulus, and take fifty friends of my +own, who would follow me anywhere; but I dare not leave my home till +assured it will not be destroyed and my property carried off in my +absence, by the men who call me "rebel" because I will not join them +against the Government. My wife, brought up like a civilized woman in +the Cape Colony, has had five times in her life to run from the house +and sleep in the veld when attacked by Zulus and Basutos. One of our +twelve sons was assegaied in sight of our house, within the last ten +<a id="pg.027"></a>years, by a marauding party; and in my absence from the house, when +it was surrounded by Basutos, my wife had to fly in the night by +herself, leading one child and carrying another on her back. She +walked nearly fifty miles through the Lion Veld, seeing three lions +on the way, before she reached a place of safety. It is not likely +that we should forget such things, nor wish them to recur; but how +can I leave her on my farm and go to Zululand, when the malcontent +leaders threaten me that if I go they will burn my house and drive +off all my stock? Assure me that we are not to be deserted by the +English Government, and left to the mercy of these malcontent +adventurers, and I and my people will gladly turn out to assist +Colonel Wood.'</p> + +<p><i>I find that this idea that the English Government will give up the +Transvaal, as it formerly did the Orange Free State, has been +industriously propagated, and has taken a great hold on the minds of +the well-disposed Boers, and is, I believe, one main cause of +reluctance to support the Government actively</i>.</p> + +<p><i>They argue that what has been done before may be done again, and +they have no feeling of assurance that if they stand by the English +Government to-day they will not be left to bear the brunt of the +malcontents' vengeance when a Republic is established</i>.</p> +</div> + +<p>And again on the 9th, from Heidelberg:</p> + +<div class="quoted"> + +<p><i>The idea that we should somehow be compelled or induced to abandon +the country had taken great hold on the minds of some of the more +intelligent men that I met</i>. It has been seduously written up by a +portion of the South African press, English as well as Dutch. I +marked its effect particularly on men who said they had come from the +old Colony since the annexation, but would never have done so had +they believed that English rule would be withdrawn, and the country +left to its former state of anarchy....</p> + +<p><i>But there is great practical difficulty in conveying to the mass of +the people any idea of the real power of Government</i>.</p> +</div> + +<p>It is not possible to pen a more severe and pregnant comment on the +after-policy of England than that suggested by the italicized lines, +written as they were by England's Plenipotentiary—an idea reported +to headquarters, not as a feeler, but as a suggestion so absurd that +it called for no expression of opinion. But he lived to find that it +was not too absurd to be realized; and perhaps, after all, it was +written as a warning, and the wise and cool-headed old statesman in +his inmost soul had a premonition of what eventually occurred.</p> + +<p>Sir Bartle Frere met the Boers in their camp, and discussed with them +their grievances. He informed them that he had no power to revoke the +annexation, nor would he recommend it, as, in his judgment, such a +course would be a reversion to chaos and ruin. The Boers pressed +steadily for nothing less <a id="pg.028"></a>than repeal. Sir Bartle Frere reported +the historical meeting at Erasmus Farm to Sir M. Hicks Beach:</p> + +<div class="quoted"> +<div class="opener"> + <i>April 14, 1879.</i></div> + +<p>They were evidently much disappointed.... Our meeting separated with +no more definite decision than that they must report to the 'people,' +and be guided by their decision as to what was to be done.</p> + +<p>If I may judge from the gentlemen composing the deputation, and +others of their class, whom I have had the honour of meeting since +coming to the Transvaal, the leaders are, with few exceptions, men +who deserve respect and regard for many valuable and amiable +qualities as citizens and subjects....</p> + +<p>Of the results of our meeting it is impossible at present to say more +than that it must have cleared away misconceptions on all sides If +they have learnt anything as to the finality of the act of +annexation—that I have no power to undo it, and do not believe that +it will ever be undone, in the only sense in which they will ask +it—I have, on the other hand, been shown the stubbornness of a +determination to be content with nothing else, for which I was not +prepared by the general testimony of officials who had been longer in +the country, and who professed to believe that the opposition of the +Boers was mere bluster, and that they had not the courage of their +professed opinions.... I feel assured that the majority of the +Committee felt very deeply what they believed to be a great national +wrong.... But my conviction is that the real malcontents are far from +being a majority of the whole white population, or even of their own +class of Boer farmers.</p> + +<p>I have no doubt whatever that if the Executive were in a position to +assert the supremacy of the law, to put an effectual stop to the +reign of terrorism which exists at present, the discontented minority +would cease to agitate, and would soon cease to feel grievances which +a very brief discussion shows to be in the main sentimental; not the +less keenly felt on that account, but not likely to survive +the prosperity and good government, with a fair measure of +self-government in its train, which are within their reach under +British rule.</p> +</div> + +<p>And, again, he wrote to Lady Frere:</p> + +<div class="quoted"> +<div class="opener"> + PRETORIA, <i>April 20, 1879.</i></div> + +<p>My last letter had not been gone many hours by the mail express when +Lanyon ran into my room, to tell me that the Boer camp was actually +broken up and the Boers dispersing.</p> + +<p>I need not tell you how thankful I was. The one thing I dreaded was +civil war and bloodshed, and had a single malcontent been shot, I +should have considered it a greater misfortune than the death of a +dozen Piet Retiefs, or Uys, dying like heroes in the field of battle +for their country and brethren. So you may imagine how thankful I +felt to the Giver of all good, who has guided and protected us +through life.</p> + +<p>I am to see a deputation from the Boers' Committee again to-morrow, +and then I hope we shall have done with meetings and grievances—for +the present a phrase which they carefully put into all references to +their breaking up, and which they evidently mean. <i>It was clear to me +that it was not the annexation, so much as the neglect to fulfil the +promises <a id="pg.029"></a>and the expectations held out by Shepstone when he took +over the Government, that has stirred up the great mass of the +Boers, and given a handle to agitators.</i><a href="#fn.02" class="fnmark">{02}</a></p> +</div> + +<p>There it is in a single sentence! It was not the annexation which +caused the war; for nine men in every ten admitted that it was +welcomed and justified by considerations of general South African +policy, or else simply inevitable. No! It was the failure to fulfil +the conditions of annexation!</p> + +<p>In 'A Narrative of the Boer War,' Mr. Thomas Fortescue Carter has +given with admirable skill and impartiality a full account of the +causes which led to the outbreak. His history is, indeed, so +determinedly just as to have met with considerable disapproval in +quarters where feelings are hot on either side, and where plain +truths are not palatable. Mr. Carter resided in the country for years +before the annexation, and went through the war as correspondent of a +well-known London daily, and this is his opinion:</p> + +<div class="quoted"> + +<p>Anyone who knows the acquaintance Sir T. Shepstone had with the Boers +of the Transvaal, years prior to the annexation, cannot doubt that, +regarded as a friend and almost as one of themselves, no one better +than he could have been selected for the task of ascertaining the +desires of the people; and no one who knows Sir T. Shepstone will +believe that he did not take sufficient evidence to prove to any man +that the Boers were anxious to be extricated from the dilemma they +were in, and really willing at that time that their country should be +annexed. Men who during the late war were our foes were at the time +of the annexation clamouring for it, welcoming Sir Theophilus +Shepstone as the deliverer and saviour of the country. I mention +Swart Dirk Uys, an eminent Boer, who fought against the English in +1880-81, as one amongst the hundreds and thousands who went out to +meet Sir Theophilus Shepstone with palm branches in their hands.</p> + +<p>The natural aversion of the people to English rule was overcome for +the moment by their greater aversion to being wiped off the face of +the Transvaal by the blacks; that was a contingency staring them in +the face, and yet not even that imminent common danger availed to +secure unity amongst them, or would rouse men individually to take +upon their shoulders the responsibility which rests upon every member +of a State.</p> + +<p>The Boer Volksraad, after promising to appeal to their constituents +on the subject of the new constitution proposed, almost immediately +passed a measure, which was familiarly styled by the people the 'Hou +jou smoel law.' The literal translation of this term is 'Hold your +<a id="pg.030"></a>jaw.' In brief, it was an Act which made it high treason for any man +to discuss the question of either confederation or annexation.</p> + +<p>I come to the conclusion, then, that the cause of the annexation was +England's historical greed of territory, especially rich territory; +and that, however unworthy the motive on the part of the visiting +power, the Boers did not at that time receive the visitor with other +feelings than those of satisfaction, and practically surrendered +their country voluntarily and gladly to the ruler of a greater power, +under the impression that Sir Theophilus Shepstone would be permitted +to carry out, and that he therefore would carry out, the promises he +made them. As the programme was open before them, they had everything +to gain and nothing to lose, except the loss entailed by nominal +government by the British. No man, whether Boer or Britisher, who was +living in the Transvaal, or knew the feelings of the Boers at the +time of annexation, would in 1877 have given any other account of the +feeling of the nation; and if I have formed too low an opinion of the +motives of English statesmen at that time, and am not justified in +attributing the annexation to greed instead of to the purer and +nobler desire to protect England's colonies, or even the Transvaal +itself, from the inroads of savages, then my excuse must be that the +failure of England to send out at that time a force equal to the task +of restraining those savages and maintaining peace, has helped +materially to lead me to the unwarrantable conclusion.<a href="#fn.03" class="fnmark">{03}</a></p> +</div> + +<p>And so came the war. The history of it is written that all may read; +and it is not necessary here to refer at length to the details of it. +The utterly unjust treatment of Bezuidenhout at Potchefstroom was the +immediate cause of the outbreak. The armed interference of the +Potchefstroom burghers with the Imperial officials followed on +December 16, to be in turn succeeded by the battle of Bronkhorst +Spruit on the 20th.</p> + +<p>The following account of the affair is taken from Mr. Carter's book:</p> + +<div class="quoted"> + +<p>All went well on this day till about 2.30 p.m., when the following +was about the order of march: One mounted infantryman in advance of +the main body next the band; of F company, forty men; of A company, +forty men; then followed the quarter-guard, thirteen men; and +provost-escort and prisoners, twenty-three men. The remainder of the +force was posted along the string of waggons, with the exception of +the rear-guard of about twenty men, which were some distance behind. +Colonel Anstruther, Captains Nairne and Elliott, Lieutenant Hume, +and Adjutant Harrison were riding just in front of the band, when +suddenly Boers appeared all round. The locality that the regiment had +reached at the time was one where stood several farms, and the trees +surrounding these homesteads afforded cover under which a hostile +force could <a id="pg.031"></a>assemble without being perceived from a distance. On the +right was a ravine with wood in it, and amongst that the Boers were +lying in ambush. How unexpected was the appearance of a force of +Boers to the English may be judged from the fact that the band +of the regiment was playing at the time. Colonel Anstruther, +immediately he caught sight of the enemy on the crest of a slight +rise to the front, called a halt, and the order was passed to the +rear for the waggons to close up. Before this could be done a +messenger from the enemy, carrying a white flag, came forward and +handed the Colonel a note signed by Piet Joubert, and countersigned +by other Boer leaders, desiring him to halt where he was until a +reply had been received from Sir Owen Lanyon to the ultimatum the +Boers had addressed to him. The message also contained the warning +that if the soldiers advanced beyond a small stream in front of +them, it would be taken as a declaration of war. Colonel Anstruther, +with Conductor Egerton, had ridden out in front of the advanced +guard to meet this flag of truce; after he had read the message, the +bearer of it informed him verbally that two minutes were allowed for +his decision. Colonel Anstruther verbally replied that he should +march on to Pretoria, and, to use his own words, as published in his +despatch written just before he died, the Boer messenger 'said that +he would take my message to the Commandant-General; and I asked him +to let me know the result, to which he nodded assent. Almost +immediately, however, the enemy's line advanced.'</p> + +<p>Whilst this short parley was going on, every effort was being made in +the rear to get the waggons up, but without much good result, because +when the Boers opened fire the rear-guard would be at least half a +mile behind the head of the column. Even those who were guarding the +waggons had not time to join the main body. When Colonel Anstruther +saw the Boers advancing, he gave the order to his men to extend in +skirmishing order, but before they could open out to more than loose +files they were met with a murderous volley, and at the same time +Boers on the right and left flank and in the rear, who had previously +measured and marked off the distances, picked off every man within +sight. Our men returned the fire as best they could, but in less than +ten minutes 120 were either killed or wounded, besides a large +proportion of the oxen in the waggons shot. The officers who exposed +themselves were picked off almost immediately by the Boer marksmen. +Captain Nairne, Lieutenant M'Sweeney, Lieutenant and Adjutant +Harrison, Lieutenant Hume, Deputy-Assistant Commissary-General +Barter, Conductor Egerton, Surgeon Ward, were all wounded, besides +Colonel Anstruther himself, who was shot in two or three places.</p> + +<p>It was useless to contend against such odds, and the 'cease fire' was +sounded, and handkerchiefs waved to denote submission. During this +unequal struggle, Mrs. Smith, the widow of the bandmaster of the +regiment, who, with the wife of Sergeant-Major Fox and some children, +were riding in one of the foremost waggons, came fearlessly up to +where the wounded lay, and, tearing strips from her clothing, helped +the surgeon to bandage the wounds. The sergeant-major's wife was +severely wounded, as was also Fox himself. There was no lack of +heroism during those awful ten minutes, whilst men were being shot +down like dogs. Lieutenant Harrison was shot through the head while +cheering on his men; Lieutenant Hume was equally conspicuous +for his coolness. An orderly-room clerk named Maistre and the +Sergeant-Master-Tailor Pears quietly concealed the regimental colours +in a waggon-box when they saw the danger of them falling into the +hands of the enemy; and their work was not in vain, as Conductor +Egerton <a id="pg.032"></a>managed subsequently to wrap them round his body under his +tunic, and having obtained permission after the fight was over to walk +to Pretoria for medical assistance, he carried them safely to the +capital, as well as the disastrous news of the engagement. Forty-two +miles traversed by a wounded man on foot in eleven hours is in itself +a feat worth mentioning, and one the value of which can only be +really estimated by those who know what South African roads are in +the rainy seasons.</p> + +<p>As soon as our force surrendered, Franz Joubert, who had been in +command of the Boers, and who, it is said, fired the first shot, with +the exclamation, 'What is the use of waiting?' came forward with some +of his men, and on finding poor Colonel Anstruther severely wounded +expressed sorrow.</p> + +<p>Whether the affair of Bronkhorst Spruit can be called an act of +treachery on the part of the Boers is rather a nice question. Colonel +Anstruther's words—the words of a dying man—rather go to prove that +he was unfairly treated, though he does not say so directly. He was +given to understand by the messenger who came with the flag of truce +that another communication would be made to him as soon as his reply +to the request to halt had been reported to the Boer Commandant. The +only reply given him was 'a murderous volley.' The Boers cannot lay +claim to much bravery or superiority (except in numbers) over our +soldiers in this fight. Theirs was a deliberately-planned ambush to +entrap men who had no idea that they were marching in an enemy's +country. Bronkhorst Spruit engagement is the one during the whole of +the war which does not redound to the credit of the Dutch, even if it +does not reflect great discredit upon them. If a reasonable time had +been allowed Colonel Anstruther to give his reply, the 94th could not +then say, as they do say and will say, that they were treacherously +surprised. 'Two minutes' looks, under the circumstances, very much +like an idle pretence of fair dealing to cover an intentional act of +cowardice which subsequent conduct could hardly palliate. The Boers +say that they had not more men than were marching with the 94th on +that occasion; that statement is worth very little, considering the +evidence of our officers, and, above all, the harsh evidence of the +facts that the 94th was from advance-guard to rear-guard practically +surrounded and outnumbered in every direction.</p> +</div> + +<p>The preparedness of the Boers and the precision of their fire may be +gathered from the testimony of Dr. Crow, of Pretoria, who attended +the wounded, and vouched for an average of five wounds per man. Dr. +Crow also wrote:</p> + +<div class="quoted"> + +<p>But as disastrous as the late war in the Transvaal had been to +British prestige, thank God those at Bronkhorst Spruit did their duty +and died like men, a noble example to any army. If any stain has been +cast on the British flag in the Transvaal, the gallant 94th did all +that was possible by their deeds at Bronkhorst Spruit to obliterate +it.</p> +</div> + +<p>The news of this affair was received with horror, and the feelings +roused by the details of it have never been allayed. <a id="pg.033"></a>Race-hatred may +have its origin in a hundred little incidents, but in the Transvaal +there were two which undoubtedly, whether justly or otherwise, gave +a character to the Boers that has embittered feeling against them +more than any which had occurred in generations previous. The +second affair followed very closely on the Bronkhorst Spruit +engagement—<i>i.e.,</i> the infamous murder of Captain Elliott, the only +surviving unwounded officer from Bronkhorst Spruit. Captains Elliott +and Lambert were taken prisoners, and were offered the choice of +two alternatives—either to remain prisoners of war during the +hostilities in the Transvaal, or to be released on <i>parole +d'honneur</i> on condition that they should leave the Transvaal at +once, cross into the Free State under escort, and not bear arms +against the Republican Government during the war. The second +alternative was chosen. They received an escort and free pass from +Commandant-General Piet Joubert. The following is extracted from +Captain Lambert's Report to Sir George Colley on January 5:</p> + +<div class="quoted"> + +<p>We started about 1 p.m. from the Boer camp, passing through the town +of Heidelberg. After going about six to eight miles, I noticed we +were not going the right road, and mentioned the fact to the escort, +who said it was all right. Having been 'look-out' officer in the +Transvaal, I knew the district well. I was certain we were going +wrong, but we had to obey orders. At nightfall we found ourselves +nowhere near the river drift, and were ordered to outspan for the +night, and next morning the escort told us they would look for the +drift. Inspanning at daybreak, we again started, but after driving +about for some hours across country, I told the escort we would stop +where we were while they went to search for the drift. Shortly after +they returned and said they had found it, and we must come, which we +did, eventually arriving at the junction of two rivers (Vaal and +Klip), where we found the Vaal impassable, but a small punt, capable +of holding only two passengers at most, by which they said we must +cross. I pointed out that it was impossible to get my carriage or +horses over by it, and that it was not the punt the General said we +were to cross. The escort replied it was Pretorius's punt that the +General told them to take us, and we must cross; that we must leave +the carriage behind and swim the horses, which we refused to do, as +we then should have had no means of getting on. I asked them to show +me their written instructions, which they did (written in Dutch), and +I pointed out that the name of Pretorius was not in it. I then told +them they must either take us back to the Boer camp again or on to +the proper drift. We turned back, and after going a few miles the +escort disappeared. Not knowing where we were, I proposed to Captain +Elliott we should go to the banks of the Vaal, and follow the river +till we came to the proper punt. <a id="pg.034"></a>After travelling all Monday, +Tuesday, and up till Wednesday about 1 p.m., when we found ourselves +four hours, or twenty-five miles, from Spencer's punt, we were +suddenly stopped by two armed Boers, who handed us an official +letter, which was opened, and found to be from the Secretary to the +Republican Government, stating that the members were surprised that, +as officers and gentlemen, we had broken our <i>parole d'honneur</i>, and +refused to leave the Transvaal; that if we did not do so immediately +by the nearest drift, which the bearers would show us, we must +return as prisoners of war; that as through our ignorance of the +language of the country there might be some misunderstanding, they +were loth to think we had willingly broken our promise. We explained +that we should reply to the letter, and request them to take it to +their Government, and were prepared to go with them at once. They +took us back to a farmhouse, where we were told to wait until they +fetched their commandant, who arrived about 6 p.m., and repeated to +us the same that was contained in our letter of that day. We told +him we were ready to explain matters, and requested him to take our +answer back to camp. He then ordered us to start at once for the +drift. I asked him, as it was then getting dark, if we could start +early next morning, but he refused. So we started, he having said we +should cross at Spencer's, being closest. As we left the farmhouse, +I pointed out to him that we were going in the wrong direction; but +he said, 'Never mind; come on across a drift close at hand.' When we +got opposite it, he kept straight on; I called to him, and said that +this was where we were to cross. His reply was, 'Come on!' I then +said to Captain Elliott, 'They intend taking us back to Pretoria,' +distant some forty miles. Suddenly the escort (which had all at once +increased from two to eight men, which Captain Elliott pointed out +to me; and I replied, 'I suppose they are determined we shall not +escape, which they need not be afraid of, as we are too keen to get +over the border') wheeled sharp down to the river, stopped, and, +pointing to the banks, said, 'There is the drift—cross!' I drove my +horses into the river, when they immediately fell; lifted them, and +drove on about five or six yards, when we fell into a hole. Got them +out with difficulty, and advanced another yard, when we got stuck +against a rock. The current was now so strong and drift deep, my +cart was turned over on to its side, and water rushed over the seat. +I called out to the commandant on the bank that we were stuck and to +send assistance, or might we return, to which he replied, 'If you +do, we will shoot you.' I then tried, but failed, to get the horses +to move. Turning to Captain Elliott, who was sitting beside me, I +said, 'We must swim for it'; and asked could he swim, to which he +replied, 'Yes.' I said, 'If you can't, I will stick to you, for I +can.' While we were holding this conversation, a volley from the +bank, ten or fifteen yards off, was fired into us, the bullets +passing through the tent of my cart, one of which must have mortally +wounded poor Elliott, who only uttered the single word 'Oh!' and +fell headlong into the river from the carriage. I immediately sprang +in after him, but was swept down the river under the current some +yards. On gaining the surface of the water, I could see nothing of +Elliott, but I called out his name twice, but received no reply. +Immediately another volley was fired at me, making the water hiss +around where the bullets struck. I now struck out for the opposite +bank, which I reached with difficulty in about ten minutes; but as +it was deep, black mud, on landing I stuck fast, but eventually +reached the top of the bank, and ran for about two hundred yards +under a heavy fire the whole while.</p> +</div> + +<p><a id="pg.035"></a>The Boers then invaded Natal and took up a position on Laing's Nek, +four miles inside the Natal border, from which, on January 28, Sir +George Colley endeavoured to oust them with a mounted force of 70 men +and some 500 men of the 58th Regiment. The position is one difficult +enough to climb unencumbered by military accoutrements, but the +disposition of the little mounted force covered the approach. By some +unexplained mistake, however, half of the mounted infantry charged +and carried the Boer position before the 58th had climbed the hill, +but were too weak to hold it and retired, leaving the 58th uncovered +in a terrible ascent. But few of the exhausted men reached the top of +the hill, and those, led by Colonel Deane, only to be shot down. Of +the mounted men, 17 were killed and wounded; of the 58th, 73 were +killed and 100 wounded. The result was absolute defeat of the British +forces. The number of Boers engaged is not known, but the force +behind the Nek consisted of several thousands, and no doubt a fair +proportion engaged in the fight.</p> + +<p>On February 8 General Colley made a demonstration in force on the +Ingogo Heights. The force consisted of under 300 men, with 4 guns and +38 mounted men. On the Boer side there were about 1,000 men, and the +fight lasted from morning until after dark. It was a drawn fight, in +which both parties left the battlefield at night. There cannot be any +doubt, however, that the balance of advantage was with the Boers, +since the loss on the British side was very severe: 76 men were +killed and 69 wounded.</p> + +<p>On February 27 came Majuba, when Sir George Colley designed to +retrieve his fortunes and strike an effective blow without the aid of +his second-in-command, Sir Evelyn Wood, whom he had sent to hurry up +reinforcements. The scaling of the mountain at night was a fine +performance. The neglect to take the rocket apparatus or mountain +guns, or to fortify the position in any way, or even to acquaint the +members of the force with the nature of the position which they had +taken up in the dark, and the failure to use the bayonets, were the +principal causes of disaster. The Boers attacked in force a position +which should have been absolutely impregnable, held as it was by a +force of 554 soldiers. The Boer force is not known, but probably +consisted of <a id="pg.036"></a>upwards of 1,000 men, since Christian Joubert after the +fight offered to take a portion of the men, numbering, as he said, +some 500, to attack a small British laager on one of the spurs of +the mountain. The splendid feat of taking the hill-top, however, was +accomplished by a small storming party of less than 200 men, the +balance of the Boer forces covering the approach of their comrades +by an accurate and incessant long-range fire. The result, as is +known, was terrible disaster: 92 killed and 134 wounded, and a +number taken prisoners, represented the British loss, whilst the +Boers lost 1 killed and 5 wounded. No attempt had been made to +occupy positions below the crown of the hill which commanded the +approaches, and the Boers were able to creep up under good cover +from place to place by the exercise of their admirable tactics. It +is impossible to detract from the performance of the Boers, and a +glance at the position leaves one more astonished than ever that a +successful attack could ever have been made upon it. The Boers +displayed on this day the finest fighting qualities. The generalship +of their fighting Commandant, Nikolas Smit, was of the highest +order. The cleverness of the attack, and the personal bravery and +audacity of the storming party are beyond praise.</p> + +<p>By the time Sir Evelyn Wood had ranged his forces for an effective +and extended attack on the Boers, and by the time Sir Frederick +Roberts with the command of about 10,000 men had reached South +Africa, the administration of Mr. Gladstone had awakened to the fact +that the war was an unjust—not to say costly—one. An armistice was +arranged and peace made without another blow.</p> + +<p>The terms of the settlement proposed by the Liberal Government fitly +illustrate the generosity of their motives. They proposed doing +'simple justice' to the Boers, but at the same time retaining the +districts of Lydenburg, Middelburg, Wakkerstroom, and Utrecht, not to +mention handing back Zoutpansberg to the original native occupants. +So anxious were the Boer leaders to effect a peaceful settlement, so +fearful were they of the actions of their followers, that when they +arranged the long armistice they did not announce to their party the +intentions of the British Government regarding the above districts. +General Joubert did not communicate <a id="pg.037"></a>to his army the terms of peace, +but simply stated that a Royal Commission was to settle everything. +A month later, when some inkling of the terms reached the Boers, a +solemn protest and warning was issued, and when the Royal Commission +actually sat, the British representatives were informed that any +such curtailment of the territories would be followed by a +resumption of hostilities. Needless to say the proposals were +abandoned and the Boers got their way. So ended the war.</p> + +<p>Ingogo has been called a drawn battle. Bronkhorst Spruit was—such as +it was. At Laing's Nek and Majuba the Boers beat us, as Mr. Carter +fairly puts it, 'when they were on the top of the hill and we were at +the bottom, and when we were on the top of the hill and they were at +the bottom.' The narrative of these events is about as humiliating a +one as an Englishman can read. Here and there it is redeemed by the +heroic conduct of individuals in the midst of general disaster. In +the smaller affairs, such as the particularly gallant defences of +Standerton, Potchefstroom, and Rustenberg, where little garrisons +held their own with conspicuous ability and courage, there is +something to cheer the disheartened reader. The defence of +Potchefstroom by Colonel Winslow should be read in full for several +reasons. The siege of Standerton witnessed several acts of valour, +but, above all, that of Hall the volunteer, who single handed +deliberately engaged a force of over 300 Boers, drawing their fire on +himself in order to warn his comrades of the danger of being cut off +and to give them a chance of escape—a noble act in which the gallant +fellow achieved his object but lost his life. It was in Rustenberg +where Captain Auchinleck, with about seventy men armed only with +rifles, held his laager against hundreds of the enemy, fighting day +and night for weeks; and eventually drove off the Boers who were +trenching towards his position by charging at night with from nine to +fourteen of his men and clearing the enemy out of the trenches with +the bayonet. This performance he repeated three times, himself badly +wounded on each occasion. The impression created on the enemy by +these tactics was such that they overcame their desire to get at +close quarters with him, and left him severely alone.</p> + +<p><a id="pg.038"></a>It is not necessary to refer in great detail to the settlement In +effect it was that the Boers gained nearly all that they required, +but not until the haggling and threatening had robbed concessions of +all appearance of grace and justice. The natives were referred to in +the conventional spirit. The unfortunate loyalists were left to take +care of themselves. The men who had entered the Transvaal, and +invested their capital and expended their energies there upon the +most positive and sacred assurances of the British Government that +the Queen's authority would never be withdrawn,—assurances given in +public by the Conservative Government and confirmed by Mr. +Gladstone's Government, assurances published by Sir Bartle Frere and +Sir Garnet Wolseley, who said that 'as long as the sun would shine +the British flag would fly over the Transvaal,'—were heartlessly +abandoned, their protests were unheeded, the compensation allotted to +them, namely, Ł1,400,000, was amended by the elimination of the +million, their representations to Mr. Gladstone's Government were +finally left unanswered—unless it be that the sneering reference +made by that right honourable gentleman in the House of Commons to +'interested contractors and landjobbers' may be considered an +adequate answer to a protest as moderate, as able, as truthful, and +as necessary as Mr. Gladstone's remark was the reverse. In very +truth, the position in which the British Premier had placed himself +through his intemperate speeches in the Midlothian campaign, and his +subsequent 'explaining away,' was an extremely unpleasant one. In +Opposition Mr. Gladstone had denounced the annexation and demanded a +repeal. On accession to power he adopted the policy of his +predecessors, and affirmed that the annexation could never be +revoked. On June 8, 1880, he had written to this effect to Messrs. +Kruger and Joubert, the Transvaal deputation. Later on, in answer to +an appeal that he should allay the apprehensions of the loyalists, +who feared the results of the Boer agitation, he referred them to +this very letter as a final expression of opinion, and authorized the +publication of this message. When, however, peace had been concluded, +and the loyalists, amazed and heartbroken at their threatened +desertion, reminded him of his pledges <a id="pg.039"></a>and implored him to respect +them, he answered them in a letter which is surely without parallel +in the record of self-respecting Governments. The wriggling, the +equivocation, the distortion of phrases, the shameless 'explaining +away,' are of a character that would again justify the remark of +Lord Salisbury (then Lord Robert Cecil) in another matter many years +before, that they were 'tactics worthy of a pettifogging attorney,' +and even the subsequent apology—to the attorney. But what answer +could be made to a protest which reminded the right honourable +gentlemen of the following deliberate and official expression of his +Government's policy?—</p> + +<div class="quoted"> + +<p>In your letter to me (wrote Mr. White for the loyalists) you claim +that the language of your letter does not justify the description +given. With the greatest respect I submit that it does, and I will +quote the words on which I and also my colleagues base the opinion +that it does unequivocally pledge the Government to the +non-relinquishment of the Transvaal.</p> + +<p>The actual words of your letter are:</p> + +<p>'Looking at all the circumstances, both of the Transvaal and the rest +of South Africa, and to the necessity of preventing a renewal of the +disorders, which might lead to disastrous consequences, not only to +the Transvaal, but to the whole of South Africa, <i>our judgment is +that the Queen cannot be advised to relinquish the Transvaal</i>; but, +consistently with the maintenance of that sovereignty, we desire that +the white inhabitants of the Transvaal should, without prejudice to +the rest of the population, enjoy the fullest liberty to manage their +local affairs.'</p> + +<p>But your letter of the 8th of June not only contained this final and +absolute announcement of the policy of England, but it gave the +reasons for arriving at it in words which so aptly express the case +of the loyalists that I quote them <i>in extenso</i>. They are as follows:</p> + +<p>'It is undoubtedly matter for much regret that it should, since the +annexation, have appeared that so large a number of the population of +Dutch origin in the Transvaal are opposed to the annexation of that +territory, <i>but it is impossible now to consider that question as if +it were presented for the first time</i>. We have to do with a state of +things which has existed for a considerable period, <i>during which +obligations have been contracted</i>, especially, though not +exclusively, towards the native population, <i>which cannot be set +aside</i>.'</p> + +<p>In your speech in the House of Commons, on the debate on Mr. Peter +Rylands' motion condemning the annexation of the country and the +enforcement of British supremacy in it, which was defeated by a +majority of ninety-six, on the 21st of January in the current year, +you used words of similar import. You are reported in the <i>Times</i> of +the 22nd of January as saying:</p> + +<p>'To disapprove the annexation of a country is one thing; to abandon +that annexation is another. Whatever we do, we must not blind +ourselves to the legitimate consequences of facts. By the annexation +<a id="pg.040"></a>of the Transvaal we contracted new obligations.... I must look at the +obligations entailed by the annexation, and if in my opinion, and in +the opinion of many on this side of the House, wrong was done by the +annexation itself, <i>that would not warrant us in doing fresh, +distinct, and separate wrong by a disregard of the obligation which +that annexation entailed</i>. These obligations have been referred to in +this debate, and have been mentioned in the compass of a single +sentence. First, there was the obligation entailed towards the +English and other settlers in the Transvaal, perhaps including a +minority, though a very small minority, of the Dutch Boers +themselves; secondly, there was the obligation to the native races; +and thirdly, there was the obligation we entailed upon ourselves in +respect of the responsibility which was already incumbent upon us, +and which we, by the annexation, largely extended, for the future +peace and tranquillity of South Africa.'</p> +</div> + +<p>Nor was this all. The loyalists proceeded to remind him that Lord +Kimberley, his Secretary of State for the Colonies, had telegraphed +in May, 1880, 'Under no circumstances can the Queen's authority in +the Transvaal be relinquished,' and had confirmed the telegram in a +despatch following; and that his lordship had also stated in the +House of Lords on May 24 that '... after a careful consideration of +the position, we have come to the conclusion that we could not +relinquish the Transvaal. Nothing could be more unfortunate than +uncertainty in respect to such a matter.' (Hansard, cclii., p. 208.)</p> + +<p>The effects of the settlement, and the exposures in connection with +it, and the attitude of the Imperial Government were most deplorable. +No credit was given by the Boers to a Government which was clearly +moved by the meanest considerations. No feeling but contempt, +disgust, and even hatred, could be entertained by the loyalists for +the Government which had so shamelessly deserted them. The settlement +has left its indelible mark upon the sentiment of South Africa. The +war, it will generally be admitted, was a most unfortunate +occurrence. Only one thing could have been more unfortunate, and that +was such a settlement as actually was effected—a settlement which +satisfied no one, which outraged all, which threw South Africa into a +state of boiling discontent. In some quarters the defeats of Majuba +and Laing's Nek rankled deeply; yet they were fair fights, and Time +can be trusted to allay the feelings of those who are worsted in a +fair fight; but there were other matters which <a id="pg.041"></a>roused a spirit in +the English-speaking people of South Africa that had never been +known before.</p> + +<p>The former records of the Boers, favourable and unfavourable, are +consistent with the records established in the War of Independence. +None dare belittle the spirit which moved them to take up arms +against the greatest Power in the world. Their ignorance may have +been great, but not so great as to blind them to the fact that they +were undertaking an unequal contest. It is not possible to say, with +due regard to their records, that they are not a courageous people. +Individual bravery, of the kind which takes no heed of personal risk, +reckless heroic dash, they have not, nor do they pretend to have. +Their system is entirely otherwise. They do not seek fighting for +fighting's sake. They do not like exposing themselves to risk and +danger. Their caution and their care for personal safety are such +that, judged by the standard of other people's conduct in similar +positions, they are frequently considered to be wanting in personal +courage. It seems a hard thing to say of a people who have produced +men like the first Bezuidenhout, who fought and died single-handed +against the British troops; men like Piet Retief, as gallant a man as +ever walked; men like Piet Uys, an example to all men for all time, +and only one of many generations in one family of equally gallant +Dutchmen; but it would truly seem that such examples do not occur +with such frequency among the Boers as among nations with whom they +have been compared. Where they have been able to choose their own +positions, or where they have been stimulated by previous successes, +they have done all that could possibly be asked of them; but their +particular military system does not conduce to success under +circumstances where men are suddenly and unexpectedly called upon to +exhibit the virtues of discipline, to make what to the individual may +appear a useless sacrifice of life, or, in cold blood and in the face +of previous defeat, to attempt to retrieve a lost position.</p> + +<p>The Boer military power has been called the biggest unpricked bubble +in the world. Whether this be so or not—whether the early conflicts +between the British troops and the Boers in the Cape Colony and Natal +justify the view <a id="pg.042"></a>that the Boers cannot take a beating and come up +again—is a matter for those to decide who will give their impartial +attention to the records.</p> + +<p>Whilst conspicuous personal daring among the Boers may not be +proverbial, it must be remembered to their everlasting credit that +they, as did the Southerners in the American Civil War, robbed the +cradle and the grave to defend their country. Boys who were mere +children bore rifles very nearly as long as themselves; old men, who +had surely earned by a life of hardship and exposure an immunity from +such calls, jumped on their horses and rode without hesitation and +without provision to fight for their independence.</p> + +<p>There were, however, unfortunately, matters connected with the war +which gave birth to a bitter and aching desire for revenge. +Bronkhorst Spruit and the murder of Captain Elliott were among the +earliest. Another was the shooting of Dr. Barbour (who was killed +instantly) and Mr. Walter Dyas (wounded) by their escort under +circumstances similar to those of the Elliott murder, with the +exception that in this case the prisoners had been released on foot +and in daylight, and were then shot down.</p> + +<p>But there were others too. There was the murder of Green in +Lydenburg, who was called to the Boer camp, where he went unarmed and +in good faith, only to have his brains blown out by the Boer with +whom he was conversing; there was the public flogging of another +Englishman by the notorious Abel Erasmus because he was an Englishman +and had British sympathies; and there were the various white flag +incidents. At Ingogo the Boers raised the white flag, and when in +response to this General Colley ordered the hoisting of a similar +flag to indicate that it was seen, a perfect hail of lead was poured +on the position where the General stood; and it was obvious that the +hoisting of the flag was merely a ruse to ascertain where the General +and his staff were. There was the ambulance affair on Majuba, when +the Boers came upon an unarmed party bearing the wounded with the red +cross flying over them, and after asking who they were and getting a +reply, fired a volley into the group, killing Surgeon-Major Cornish. +<a id="pg.043"></a>There was the siege of Potchefstroom, during which the Boer force +under Commandant Cronjé were guilty of actions contrary to the usages +of civilized warfare. They are matters of history, and can easily be +verified. Reference is made to them elsewhere in this volume in +connection with Commandant Cronjé's action on another occasion.</p> + +<p>And so the war left the country, as wars will, divided into two +parties, with feelings towards each other that are deplorable enough +in themselves, and not easily allayed. The curtain was rung down, and +the scene was lost to the view of the world, but the play went on all +the same behind the curtain. And this is what the new Government said +to the world on August 8, 1881, when they took over the +administration of the country:</p> + +<div class="quoted"> + +<p>To all inhabitants, without exception, we promise the protection of +the law, and all the privileges attendant thereon.</p> + +<p>To inhabitants who are not burghers, and do not wish to become such, +we notify that they have the right to report themselves to the +Resident as British subjects, according to Article 28 of the now +settled Convention. But be it known to all, that all ordinary rights +of property, trade, and usages will still be accorded to everyone, +burgher or not.</p> + +<p>We repeat solemnly that our motto is, 'Unity and reconciliation.'</p> +</div> + +<h4>Footnotes for Chapter I</h4> + +<p><span id="fn.01">{01}</span> Written in 1896.</p> + +<p><span id="fn.02">{02}</span> Several of the letters and despatches given in this volume are +quoted from Mr. Martineau's excellent 'Life of Sir Bartle Frere,' a +portion of which book was lately published in cheaper form, under +the title of 'The Transvaal Trouble and How it Arose.'</p> + +<p><span id="fn.03">{03}</span> It is only fair to state that <i>at that time</i> the Home Government +believed the prestige of the Imperial authority to be sufficient for +all purposes.</p> + +<div class="sectionheader"> +<a id="pg.044"></a> +<h3>CHAPTER II</h3> + +<h3>AFTER THE WAR</h3> +</div> + +<p>In 1882 Sir Bartle Frere wrote, 'I have never been able to discover +any principle in our policy in South Africa except that of giving way +whenever any difficulty or opposition is encountered.' The remark is +still as true as when it was penned, and South Africa—the 'Grave of +Reputations,'<a href="#fn.04" class="fnmark">{04}</a> as it has long been called—must by this time be +regarded with doubtful emotions by successive Colonial Secretaries. +What is it about South Africa, one asks, that has upset so many men +of capacity and experience? Who can say? Often—most often—it is the +neglect to thoroughly study and know what are called the 'local +conditions,' and to pay due heed to local experience. Sometimes it is +the subordination of State policy to party considerations which has +ruined the Proconsul: witness Sir Bartle Frere, whose decisive +action, firm character, and wise and statesmanlike policy are +now—now that he is dead—recognised universally, as they have always +been in South Africa. Perhaps there is something in Africa itself +which makes it a huge exception to the rules of other lands; the +something which is suggested in the 'rivers without water, flowers +without scent, and birds without song'; a contrariness which puts the +alluvial gold on the top of mountain ranges and leaves the valleys +barren; which mocked the experience of the world, and showed the +waterworn gravel deposit to be the biggest, richest, deepest, and +most reliable <a id="pg.045"></a>gold reef ever known; which placed diamonds in such +conditions that the greatest living authority, who had undertaken a +huge journey to report on the occurrence, could only say, in the face +of a successful wash-up, 'Well, there <i>may</i> be diamonds here, but all +I can say is they've no right to be'; the something which many, many +centuries ago prompted the old Roman to write, 'Ex Africâ semper +aliquid novi affert,' and which is in the mind of the South African +to-day when he says, 'The impossible is always happening in Africa.'</p> + +<p>There is this to be said for the Gladstone Ministry in 1881: that, +having decided on a policy of scuttle and abandonment, they did it +thoroughly, as though they enjoyed it. A feeble vote-catching +provision, with no security attached, was inserted in the Pretoria +Convention relative to the treatment of natives, but no thought or +care was given to the unfortunate British subject who happened to be +a white man, and to have fought for his Queen and country.<a href="#fn.05" class="fnmark">{05}</a> The +abandonment was complete, without scruple, without shame. It has been +written that 'the care and forethought which would be lavished on a +favourite horse or dog on changing masters were denied to British +subjects by the British Government.' The intensity and bitterness of +the resentment, the wrath and hatred—so much deeper because so +impotent—at the betrayal and desertion have left their traces on +South African feeling; and the opinion of the might and honour of +England, as it may be gleaned in many parts of the Colonies as well +as everywhere in the Republics, would be an unpleasant revelation to +those who live in undisturbed portions of the Empire, comfortable in +the belief that to be a British subject carries the old-time magic of +'Civis Romanus sum.'</p> + +<p>The Transvaal State, as it was now to be called, was re-established, +having had its trade restored, its enemies crushed—for Secocoeni and +Cetewayo were both defeated and broken—and its debts paid or +consolidated in the form of a debt to England, repayable when +possible. For some time not even the interest on this debt was paid.</p> + +<p>Numbers of British subjects left the country in disgust and despair. +Ruined in pocket and broken in spirit, they took <a id="pg.046"></a>what little they +could realize of their once considerable possessions, and left the +country where they could no longer live and enjoy the rights of free +men. For some years the life of a Britisher among the Boers was far +from happy. It is not surprising—indeed, not unnatural—that people +unsoftened by education and the conditions of civilization, moved by +fierce race prejudice, and intoxicated by unbroken and unexpected +success, should in many cases make the vanquished feel the +conqueror's heel. The position of men of British name or sympathies +in the country districts was very serious, and the injustice done to +those who had settled since the annexation, believing that they were +to live under the laws and protection of their own Government was +grave indeed.</p> + +<p>The Government of the country was vested in a Triumvirate with Mr. +Stephanus Johannes Paulus Kruger as Vice-President during the period +immediately following the war; but in 1882 the old form was restored +and Mr. Kruger was elected President, an office which he is now +holding for the third successive term.<a href="#fn.06" class="fnmark">{06}</a></p> + +<p>Prior to the war the population of the country was reckoned by both +Dutch and English authorities to be about 40,000 souls, the great +majority of whom were Dutch. The memorial addressed to Lord +Carnarvon, dated January 7, 1878, praying for repeal of the +annexation, was 'signed by 6,591 qualified electors out of a possible +8,000,' as is explained in the letter of the Transvaal delegates to +Sir M. Hicks-Beach dated July 10, 1878. The fact, already mentioned, +that 3,000 electors had petitioned for the annexation only means that +some of them changed their minds under pressure or conviction, and +helped to swell the number of those who later on petitioned for +repeal. The signatories to the above memorial would include +practically all the Dutch electors in the country, and the remaining +1,400 or so would probably be the non-Boer party who preferred +British rule, and could not be coerced into signing memorials against +it. These figures are useful as a check upon those now put forward by +the Transvaal Government to combat the assertion that the Uitlanders +outnumber the Boers. Recognizing the fact that the Boers <a id="pg.047"></a>are a +singularly domestic and prolific people, one may allow that +they numbered 35,000 out of the total population, an estimate that +will be seen to be extremely liberal. At the time that the above +figures were quoted by the Transvaal delegates every Boer youth over +the age of twenty-one was a qualified voter, so that it would seem +that the qualified Boer voter had an <i>average</i> of one wife and 4.3 +children, a fair enough allowance in all conscience. These figures +should be borne in mind, for the present Boer population consists of +what remains of these 35,000 souls and their natural increase during +eighteen years. There are other Dutch immigrants from the Cape +Colony and Free State: these are aliens, who have the invaluable +qualification of hating England and her sons and her ways and +her works; but, as will be made clear when the Franchise Law is +explained, the present Boer electorate consists-or, without fraud or +favouritism, <i>should</i> consist-of the 'possible 8,000' and their +sons.</p> + +<p>Many a champion of liberty has lived to earn the stigma of tyrant, +and the Boers who in 1835 had trekked for liberty and freedom from +oppressive rule, and who had fought for it in 1880, began now +themselves to put in force the principles which they had so stoutly +resisted. In the Volksraad Session of 1882 the first of the measures +of exclusion was passed. The Franchise, which until then-in +accordance with Law No. 1 of 1876-had been granted to anyone holding +property or residing in the State, or, failing the property +qualification, to anyone who had qualified by one year's residence, +was now altered, and Law No. 7 of 1882 was passed which provided that +aliens could become naturalized and enfranchised after five years' +residence, thus attaining the status of the oldest Voortrekker. The +feeling was now very strong against the Annexation Party, as they had +been called, that is to say, the men who had had the courage of their +convictions, and had openly advocated annexation; and as usual the +bitterest persecutors and vilifiers were found in the ranks of those +who, having secretly supported them before, had become suspect, and +had now need to prove their loyalty by their zeal. The intention was +avowed to keep the party pure and undiluted, as it was maintained +by many of the Boers that former proselytes had used their +newly-acquired privileges to <a id="pg.048"></a>vote away the independence of the +country. The view was not unnatural under the circumstances, and this +measure, had it not been a violation of pledges, might have found +defenders among impartial persons; but unfortunately it proved to +be not so much a stringently defensive measure which time and +circumstances might induce them to modify, as the first step in a +policy of absolute and perpetual exclusion. It was the first +deliberate violation of the spirit of the settlement, and, although +there is no clause in the Pretoria Convention which it can be said +to contravene, it was, as Mr. Chamberlain has since styled it, 'a +violation of the <i>status quo</i> as it was present to the minds of her +Majesty's Ministers at the time the Convention was negotiated.' But +the Gladstone Ministry, which had paid so heavily to get rid of the +Transvaal question, was certainly not going to re-open it for the +sake of holding the Boers to the spirit of the settlement.</p> + +<p>Another precaution was taken to keep all the power in the hands of +the Boers. The various towns which had formerly been entitled to +representation in Parliament were deprived of this right, and have +remained disfranchised ever since. Mr. Kruger feared that the +enlightened thought of the towns would hinder the growth of his +'national policy.'</p> + +<p>It was not too late even at this time to have bloodlessly settled the +Transvaal question for ever by a fair but thoroughly firm attitude +towards the restored Republic. No doubt British Ministers, conscious +of an act of supreme self-restraint and magnanimity, believed that +some reciprocal justice would be evoked. At any rate, it is possible +that this was the reason which guided them, and not continued callous +indifference to the fate of British subjects and the future of South +Africa. In such case, however, they must have forgotten 'the fault of +the Dutch'—which Andrew Marvell's couplet has recorded—of 'giving +too little and asking too much.' The Transvaal Boers are very +practical people, and no matter what they may receive or how they get +it, whether by way of diplomacy or barter or the accident of good +luck or deed of gift, they never neglect to press and scheme for +more. It is an unpleasant feature in the Boer character, prominent +alike in personal and general relations, begotten, mayhap, of hard +life, constant struggle, and lack of education and <a id="pg.049"></a>its softening +and elevating influence. It is a feature which is common to all +uneducated peoples who have suffered great hardships, and it will no +doubt disappear in time; but it is one which has to be reckoned with +at the present day, and one which, when recognized at its true value, +sustains the contention that the Boers, in dealing with those whom +they regard as not of them, will recognise no right and do no justice +unless compelled to do so. The considerations of a narrow and selfish +policy are stronger than the sense of right and wrong.</p> + +<p>British Ministers and the British people when glowing with a mildly +enthusiastic satisfaction at their tolerant and even generous +attitude towards a weaker opponent may imagine that they have sown +good seed which in time will bear ample fruit; but it is not so. +Nothing but firmness and strict justice will avert a bloody day of +reckoning. Nothing but prompt and effective veto on every attempt to +break or stretch the spirit of past undertakings will bring it home +to the Transvaal Government that all the give cannot be on the one +side and all the take on the other; that they cannot trade for ever +on the embarrassment of a big Power in dealing with a little one; and +that they must comport themselves with due regard to their +responsibilities.</p> + +<p>Almost the first use made by the Transvaal Government of their +recovered power was one which has wrought much mischief to the State. +The Triumvirate who ruled the country in 1882 granted numbers of +concessions, ostensibly for the purpose of opening up industries or +developing mining areas. The real reasons are generally considered to +have been personal, and the result was the crushing of budding +activities, and the severe discouragement of those who were willing +to expend capital and energies in legitimate work. Favouritism pure +and simple dictated these grants. It is hardly too much to say that +the system and spirit then introduced rule to this day, for although +the Volksraad has taken definite resolution condemning the principle +of monopolies and contracts conferring preferential rights of any +sort, the spirit of this resolution is violated whenever the +President and Executive deem it fit to do so—witness, for instance, +the monopoly granted in December, 1895, for the free <a id="pg.050"></a>importation +of produce, which is disguised as a Government agency with a +'commission' to the agent; but it is really a monopoly and +nothing else!</p> + +<p>The Boers were not satisfied with the Convention of 1881. They +desired the removal of the Suzerainty, the cancellation of the +clauses referring to natives, and the restoration of the title of the +South African Republic in lieu of that of the Transvaal State. They +also desired (but did not expect to obtain) complete freedom in +regard to their external relations, and they lost no time in trying +how far they would be allowed to go in the direction of stretching +the spirit of the Convention. Nothing in that ineffectual and +miserable document is clearer than the definition of certain +boundaries, and the provision that no extension shall be allowed. +This hemming of them in—or shutting them up in a kraal, as President +Kruger has expressively put it—was intensely repugnant to them. It +cut into one of the most deeply-rooted habits of the Boer. His method +of trek and expansion has been, to begin by making small hunting +excursions into adjacent native territories, to follow up with +grazing his cattle there until he created in his own mind a right by +prescription, and then to establish it either by force or else by +written agreement, too often imperfectly translated. This was +oftentimes varied or supplemented by helping the weaker of two rival +chiefs, and so demolishing the power of a tribe. The expulsion of the +native followed as a natural result.</p> + +<p>In the Transvaal itself there was, and still is, an immense quantity +of unoccupied land, and the Boers were quite unable to properly +control, utilize, and administer their own immense territory, but +'land hunger' is theirs as a birth curse. The individual cannot bear +to see the smoke of his neighbour's chimney; he will not cultivate 50 +acres, but wants 50,000; the 'nation' wants Africa—no less. They +coveted Swaziland, Zululand, Bechuanaland, Matabeleland, Mashonaland, +and Tongaland, and set to work by devious methods to establish claims +to these countries.</p> + +<p>In Bechuanaland they took sides; that is to say, parties of +freebooters from the Transvaal took up the cause of certain native +chiefs against certain others. The London Convention <a id="pg.051"></a>in 1884 +disposed of this quarrel by fixing the south-western boundaries +of the Republic, and placing two of the disputing chiefs under +the Transvaal, and the other two under British protection. +Notwithstanding this, however, the new Convention was no sooner +signed than the scheming was resumed, and before a year had passed a +party of Transvaal Boers, several of them now holding high official +positions under the Republic, raided the territory of the chiefs in +the British Protectorate, and even attacked the chief town Mafeking. +This was followed by a proclamation by President Kruger placing the +territory under the protection of the Republic. Mr. Rhodes, who had +already made himself conspicuous by his advocacy of holding the +highway to the interior open, was instrumental in inducing the +Imperial Government to make a determined stand against this. An +ultimatum moved the Transvaal Government to withdraw the proclamation +and forced the Boers to leave the country—only, however, when and +because the demand was backed by the Warren expedition at a cost of +over a million and a half to the British taxpayer! This expedition +was sent by Mr. Gladstone, the Boer benefactor—notwithstanding all +his anxiety to prove the Transvaal settlement a good one! The action +of the Transvaal, and the most brutal murder of Mr. Bethell by the +individuals above referred to as holding high official positions +under the Republic, gave indications of the bent of the Boer +authorities which people in South Africa did not fail to take note +of. Bethell had been wounded in the invasion of the territory by the +Boers, and as he lay helpless the 'prominent Transvaal official' came +up and, seeing a repeating rifle lying beside him, asked him to show +them how it worked. He did so, and the 'prominent official' taking it +up under pretext of examining it shot Bethell dead with his own +weapon.</p> + +<p>In Zululand similar tactics were resorted to by the Republic. +Transvaal Boers invaded Zululand and (1884) took up the cause of +Dinizulu, a son of the dead Cetewayo, and established him as king, +upsetting Sir Garnet Wolseley's settlement. They then proceeded to +seize the country, but the British Government intervening at this +point, rescued some two-thirds for the Zulus. A glance at the map +will <a id="pg.052"></a>show that the intention of the Boers was to get to the sea, and +also that the unlucky Zulus, who had been broken by the British +Government—and very rightly too—because they were a menace to the +Transvaal, even more than to Natal, were now deprived of the pick of +their country, plundered and harried by the very people who had been +at their mercy until the Imperial Government stepped in. It is very +noteworthy that, with the splendid exception of the lion-hearted Piet +Uys and his sons, who fought and died (father and one son) in the +Zulu war side by side with the Britishers whom he was keenly opposing +on the annexation question, none of the Boers came forward to help in +the Secocoeni or Zulu wars, although these wars were undertaken, the +one entirely, and the other mainly, on their account. But a great +many were ready to raid and annex as soon as the Zulu power was +broken.</p> + +<p>Swaziland became in turn the object of the Boer Government's +attentions. First, grazing concessions were obtained; and next, other +concessions for the collection of Customs and Revenue dues, for +telegraphs, railways, banking, surveying, and goodness only knows +what. One individual applied for and obtained a concession for the +balance of ungranted concessions, and another applied for a grant of +the Chief Justiceship. What chance the unfortunate native had in such +a condition of things can be imagined. The Transvaal bought up all +the concessions necessary to make government of the country +absolutely impossible, except with their cooperation. The secret +service fund of the Republic provided means for making the +representatives of the Swazi nation see things in a reasonable light, +so that when the time came to investigate the title to concessions +and to arrange for the future administration of the country the +result was a foregone conclusion. The judge appointed by the Imperial +Government on the Special Joint Commission to inquire into the +concessions and matters in general let some light on the manner in +which these concessions were acquired and granted, by pertinent +questions to the concessionaires and interpreters. He asked, for +instance, 'Do you swear that you interpreted this document verbatim +to the king?'—'Yes.' 'Will you kindly tell to the Court what is the +<a id="pg.053"></a>Kaffir for "ad valorem duties" and "et cetera, et cetera, et cetera," +or how you interpreted and explained the significance of the +"survey," "mint," "revenue," and "townships" concessions?'</p> + +<p>The picture of the obese and drunken chief surrounded by fawning +harpies was a shameful and disgusting one. One example is sufficient +to show how the thing was done. A concession for gambling was applied +for. The man who interpreted knew a smattering of 'kitchen' Kaffir, +and his rendering of the 'monopoly for billiards, card playing, +lotteries, and games of chance' was that he alone should be allowed +to '<i>tchia ma-ball</i> (hit the balls), <i>hlala ma-paper</i> (play the +papers), and <i>tata zonki mali</i> (and take all the money).' The poor +drunken king nodded sleepily to the first two clauses, but to the +bald proposition of taking all the money, which he <i>could</i> +understand, he violently objected. The concession was, however, +subsequently granted on the representations of a more tactful +interpreter.</p> + +<p>A very flagrant breach of the spirit of the London Convention, and a +very daring attempt at land-grabbing, was the proposed last will and +testament of the Swazi King Umbandine, which provided that the +governing powers should be assigned to Mr. Kruger as executor of the +King and trustee and administrator of the country. His project was +defeated; but the aim of the Boer Government was ultimately achieved, +nevertheless, and Swaziland has now been handed over to the control +of the Republic in spite of the prayers and protestations of the +Swazis themselves, who had proved in the past with very practical +results to be useful, ready, and loyal allies of the British +Government.</p> + +<p>While Swaziland was being entoiled the Transvaal Government were not +idle elsewhere. Matabeleland was looked upon as the heritage of the +Boer, because of the 'old friendship' with the Matabele,—whom they +had driven out of their country, now the Transvaal; and Mashonaland +was theirs because it was their ancient hunting-ground. That the +Boers did not abandon their old schemes merely because they had +agreed by treaty to do so is shown by a letter which was found at Lo +Bengula's kraal by Mr. F. Thompson when he went up to negotiate for +Mr. Rhodes. The stealthy <a id="pg.054"></a>grovelling of the Commandant-General before +a savage native chief, the unctuous phraseology, the hypocritical +assurances of an undying friendship between Boer and Matabele so long +as there are living one of each race, throw a lurid light upon the +conduct of Boer diplomacy with native tribes, and explain much of the +ineradicable fear and distrust which are felt on the native side in +all dealings with the aggressive Boer. The letter reads:</p> + +<div class="quoted"> +<div class="opener"> + MARICO,<br /> + THE SOUTH AFRICAN REPUBLIC,<br /> + <i>March 9, 1882.</i></div> + +<p class="centered"> +<i>To the great ruler the Chief Lo Bengula, the son of Umzilikatse, the +great King of the Matabili nation</i>.</p> + +<div class="salutation">GREAT RULER,</div> + +<p>When this letter reaches you, then you will know that it comes from a +man who very much desires to visit you, but who, being a man of the +people, cannot get loose to make such a long journey. Therefore he +must now be satisfied with writing a letter to carry his regards to +the son of the late King of the Matabele, our old friend Umzilikatse. +When I say that I desire to see you, it is not to ask for anything, +but to talk of something, and to tell Lo Bengula of the affairs and +things of the world, because I know that there are many people who +talk and tell about these matters, whilst there are but few who tell +the truth. Now, when a man hears a thing wrong, it is worse than if +he had never heard it at all. Now, I know that Lo Bengula has heard +some things wrongly, and for this reason would I tell him the real +truth. Now, you must have heard that the English—or as they are +better known the Englishmen—took away our country, the Transvaal, +or, as they say, annexed it. We then talked nicely for four years, +and begged for our country. But no; when an Englishman once has your +property in his hand, then is he like a monkey that has its hands +full of pumpkin-seeds—if you don't beat him to death, he will +never let go—and then all our nice talk for four years did not help +us at all. Then the English commenced to arrest us because we were +dissatisfied, and that caused the shooting and fighting. Then the +English first found that it would be better to give us back our +country. Now they are gone, and our country is free, and we will now +once more live in friendship with Lo Bengula, as we lived in +friendship with Umzilikatse, and such must be our friendship, that so +long as there is one Boer and one Matabele living these two must +remain friends. On this account do I wish to see Lo Bengula, and if I +may live so long, and the country here become altogether settled, and +<i>the stink which the English brought</i> is first blown away altogether, +then I will still ride so far to reach Lo Bengula, and if he still +has this letter then he will hear the words from the mouth of the man +who now must speak with the pen upon paper, and who, therefore, +cannot so easily tell him everything. The man is a brother's child of +the three brothers that formerly—now thirty-two years ago—were at +Umzilikatse's, and then made the peace with him which holds to this +day. He still remembers well when the first Boers, Franz Joubert, +Jann Joubert, and Pieter Joubert, came there, and when they made the +<a id="pg.055"></a>peace whereby Umzilikatse could live at peace and the Boers also, and +the peace which is so strong that the vile evil-doers were never able +to destroy it, and never shall be able to destroy it as long as there +shall be one Boer that lives and Lo Bengula also lives.</p> + +<p>Now I wish to send something to give Lo Bengula a present as a token +of our friendship. I send for Lo Bengula with the gentleman who will +bring him this letter a blanket and a handkerchief for his great +wife, who is the mother of all the Matabele nation. I will one day +come to see their friendship. The gentleman who brings the letter +will tell you about all the work which I have to do here. Some bad +people have incited Kolahing, and so he thought he would make +fortifications and fight with us, but he got frightened, and saw that +he would be killed, therefore I made him break down the +fortifications and pack all the stones in one heap, and he had then +to pay 5,000 cattle and 4,000 sheep and goats for his wickedness. Now +there is another chief, Gatsizibe—he came upon our land and killed +three people and plundered them—he must also pay a fine, or else we +will punish him or shoot him, because we will have peace in our +country. Now greetings, great Chief Lo Bengula, from the +Commandant-General of the South African Republic for the Government +and Administration.</p> + +<div class="closer"> + P.J. JOUBERT.</div> +</div> + +<p>A big trek (the Banjailand trek) was organized in 1890 and 1891 by +General Joubert and his relatives and supporters to occupy a portion +of the territory already proclaimed as under British protection and +the administration of the Chartered Company. The trekkers were turned +back at Rhodes's Drift, stopped by the firmness and courage and tact +of Dr. Jameson, who met them alone and unarmed; and also by the +proclamation of President Kruger, to whom it had been plainly +intimated that the invasion would be forcibly resisted and would +inevitably provoke war. The matter had gone so far that the offices +of the Republic of Banjai had already been allotted. The President's +proclamation instead of being regarded as the barest fulfilment of +his obligations—very grudgingly done under pressure of threats—was +vaunted as an act of supreme magnanimity and generosity, and was used +in the bargaining for the cession of Swaziland.</p> + +<p>In Tongaland Boer emissaries were not idle; but they failed, owing to +the fact that the Tonga Queen Regent, Zambili, a really fine specimen +of the savage ruler, would have nothing to do with any power but +England, whose suzerainty she accepted in 1887. Being shut off here, +the Boer Government made another bid for seaward extension, and, +through their emissaries, obtained certain rights from two petty +chiefs, Zambaan and Umbegesa, whom they <a id="pg.056"></a>represented as independent +kings; but Lord Rosebery annexed their territories in 1894, and so +put a final stop to the Transvaal schemes to evade the Convention by +intrigue with neighbouring native tribes.</p> + +<p>Nothing can better illustrate the Boers' deliberate evasion of their +treaty obligations than their conduct in these matters. The Pretoria +Convention defined the Transvaal boundaries and acknowledged the +independence of the Swazis, and yet the British Government's delay in +consenting to the annexation of Swaziland by the Republic was +regarded for years as an intolerable grievance, and was proclaimed as +such so insistently that nearly all South Africa came at last to so +regard it.</p> + +<p>The Boers' consent to the Chartered Company's occupation of +Mashonaland was looked upon as something calling for a <i>quid pro +quo</i>, and the annexation of Zambaan's land is now regarded as an +infamous act of piracy by England, and an infringement of the +Republic's rights, which the Dutch papers denounce most vehemently. +The Boer Government made it clear, not less in their purely internal +policy than in these matters of extensions of territory, that they +intended pursuing a line of their own.</p> + +<p>In 1882, the property known as 'Moodies,' consisting of a number of +farms bearing indications of gold, was thrown open to prospectors. +The farms had been allotted to Mr. G. Piggott Moodie when he was +Surveyor-General, in lieu of salary which the Republic was unable to +pay. This was the beginning of the prospecting era which opened up De +Kaap, Witwatersrand, and other fields; but it was a small beginning, +and for some time nothing worth mentioning was discovered. The +Republic was again in a bad way, and drifting backwards after its +first spurt. The greatest uncertainty prevailed amongst prospectors +as to their titles, for in Lydenburg, at Pilgrim's Rest, and on the +Devil's Kantoor, concessions had been granted over the heads of the +miners at work on their claims, and they had been turned off for the +benefit of men who contributed in no way to the welfare and +prosperity of the State. It has been stated in the Volksraad that not +one of those concessionaires has even paid the dues and rents, or +complied with the other conditions stipulated in the contracts. +<a id="pg.057"></a>Many of the miners left the country in disgust. The Lydenburg +district was practically locked up for fourteen years owing to the +concession policy, and has only lately been partly released from the +bonds of monopoly.</p> + +<p>In 1884 Messrs. Kruger and Smit proceeded to Europe to endeavour to +raise funds, which were badly needed, and also to obtain some +modifications of the Convention. The attempt to raise funds through +the parties in Holland to whom the railway concession had just been +granted failed, but the delegates were more fortunate in their other +negotiations. They negotiated the London Convention which fixed +certain hitherto undefined boundaries; and in that document no +reference was made to the suzerainty of Great Britain. They also +secured the consent of the British Government to the alteration of +the title of the country. Instead of Transvaal State it became once +more the 'South African Republic.'<a href="#fn.07" class="fnmark">{07}</a> During this visit there +occurred an incident which provides the answer to Mr. Kruger's +oft—<i>too</i> oft—repeated remark that 'the Uitlanders were never asked +to settle in the Transvaal, and are not wanted there.' Messrs. Kruger +and Smit were staying at the Albemarle Hotel, where they found +themselves, after some weeks' delay, in the uncomfortable position of +being unable to pay their hotel bill. In their extremity they applied +to one Baron Grant, at that time a bright particular star in the +Stock Exchange firmament. Baron Grant was largely interested in the +gold concessions of Lydenburg, and he was willing to assist, but on +terms. And the <i>quid pro quo</i> which he asked was some public +assurance of goodwill, protection, and encouragement to British +settlers in the Transvaal. Mr. Kruger responded <a id="pg.058"></a>on behalf of the +Republic by publishing in the London press the cordial invitation +and welcome and the promise of rights and protection to all who +would come, so frequently quoted against him of late.</p> + +<p>By this time Moodies had attracted a fair number of people, and the +prospects of the country began, for the first time with some show of +reason, to look brighter. No results were felt, however, and the +condition of the Government officials was deplorable. Smuggling was +carried on systematically; in many cases officials 'stood in' with +smugglers. They were obliged either to do that or to enforce the laws +properly and get what they could by seizing contraband goods. There +were two objections to the latter course, however. One was that the +country was large and detection difficult with men who were both +daring and resourceful; and the other was that the officials were not +sure of receiving their share of the spoil from a Government so hard +pressed as this one was, and whose higher officials also had +difficulties about payment of salaries. In many cases salaries were +six months in arrear; and other cases could be quoted of officials +whose house-rent alone amounted to more than their nominal +remuneration. Yet they continued to live, and it was not difficult to +surmise <i>how</i>. Another significant fact was that goods subject to +heavy duties—such as spirits, hams, etc.—could be bought at any +store at a price which was less than original cost plus carriage and +duty. Smuggling was a very palpable fact, and—quoth the public and +the officials—a very convenient and even necessary evil.</p> + +<p>The principle on which the Customs officials conducted the business +of their office was observed by other officials of the Republic, and +in one department, at least, the abuses have had a very far-reaching +and serious effect. The Field-cornets—district officials who act as +petty justices, registering, and pass officers, collectors of +personal taxes, captains of the burgher forces, etc., etc.—are the +officers with whom each newcomer has to register. This is an +important matter, because the period of residence for the purpose of +naturalization and enfranchisement is reckoned from the date of +registration in the Field-cornet's books. As these officials were +practically <a id="pg.059"></a>turned loose on the public to make a living the best +way they could, many of them, notwithstanding that they collected the +taxes imposed by law, omitted to enter the names of new arrivals in +their books, thus securing themselves against having to make good +these amounts in event of an inspection of the books. Many of the +Field-cornets were barely able to write; they had no 'offices,' and +would accept taxes and registrations at any time and in any place. +The chances of correct entry were therefore remote. The result of +this is very serious. The records are either 'lost' when they might +prove embarrassing, or so incorrectly or imperfectly kept as to be of +no use whatever; and settlers in the Transvaal from 1882 to 1890 are +in most cases unable to prove their registration as the law requires, +and this through no fault of their own.</p> + +<p>In the country districts justice was not a commodity intended for the +Britisher. Many cases of gross abuse, and several of actual murder +occurred; and in 1885 the case of Mr. Jas. Donaldson, then residing +on a farm in Lydenburg—lately one of the Reform prisoners—was +mentioned in the House of Commons, and became the subject of a demand +by the Imperial Government for reparation and punishment. He had been +ordered by two Boers (one of whom was in the habit of boasting that +he had shot an unarmed Englishman in Lydenburg since the war, and +would shoot others) to abstain from collecting hut taxes on his own +farm; and on refusing had been attacked by them. After beating them +off single-handed, he was later on again attacked by his former +assailants, reinforced by three others. They bound him with reims +(thongs), kicked and beat him with sjamboks (raw-hide whips) and +clubs, stoned him, and left him unconscious and so disfigured that he +was thought to be dead when found some hours later. On receipt of the +Imperial Government's representations, the men were arrested, tried +and fined. The fines were stated to have been remitted at once by +Government, but in the civil action which followed Mr. Donaldson +obtained Ł500 damages. The incident had a distinctly beneficial +effect, and nothing more was heard of the maltreatment of defenceless +men simply because they were Britishers. Moreover, with the +improvement in trade which <a id="pg.060"></a>followed the gold discoveries of 1885 +and 1886 at Moodies and Barberton, the relations between the two +races also improved. Frequent intercourse and commercial relations +begot a better knowledge of each other, and the fierce hatred of the +Britisher began to disappear in the neighbourhood of the towns and +the goldfields.</p> + +<p>In 1886 the wonderful richness of the Sheba Mine in Barberton +attracted a good deal of attention, and drew a large number of +persons—prospectors, speculators, traders, etc.—to the Transvaal. +Before the end of 1887 ten or twelve thousand must have poured into +the country. The effect was magical. The revenue which had already +increased by 50 per cent. in 1886, doubled itself in 1887, and then +there came unto the Boer Government that which they had least +expected—ample means to pursue their greater ambitions. But unmixed +good comes to few, and with the blessings of plenty came the cares of +Government, the problem of dealing with people whose habits, +thoughts, ambitions, methods, language, and logic differed utterly +from their own. Father Abraham on the London Stock Exchange would not +be much more 'at sea' than the peasant farmers of the Volksraad were +in dealing with the requirements of the new settlers.</p> + +<p>Agitations for reforms commenced early in Barberton. At first it was +only roads and bridges that were wanted, or the remission of certain +taxes, or security of title for stands and claims. Later on a +political association named the Transvaal Republican Union was formed +in Barberton, having a constitution and programme much the same as +those of the Transvaal National Union, formed some five years later +in Johannesburg. The work of this body was looked on with much +disfavour by the Government, and it was intimated to some of the +prominent members that if they did not cease to concern themselves +with politics they would suffer in their business relations, and +might even be called upon to leave the country. Many reforms were +specified as desirable, and the franchise question was raised, with +the object of getting the Government to make some reasonable +provision in lieu of the registration clause, which was found in most +cases to be an absolute bar.</p> + +<p>The discovery of the Witwatersrand conglomerate formation <a id="pg.061"></a>soon +helped to swell the flowing tide of prosperity. In the middle of +1887 the regular output of gold commenced, and the fields have never +'looked back' since. Johannesburg—named after Mr. Johannes Rissik, +the Surveyor-General of the Transvaal—was soon a far greater problem +than Barberton had been. The shareholders in the mines soon found it +necessary to have some organization to protect their interests and +give unison to their policy, and to preserve the records and collect +information for the industry. The Witwatersrand Chamber of Mines was +then formed, a voluntary business association of unique interest and +efficiency. The organization includes all the representative and +influential men, and every company of any consequence connected with +the mining industry; and it has, through its committee and officials, +for eight years represented to the Volksraad the existence of abuses +and grievances, the remedies that are required, and the measures +which are felt to be necessary or conducive to the progress of the +industry in particular, or the welfare of the State in general. The +President, Executive and Volksraad, by neglect of their obvious +duties, by their ignorance of ordinary public affairs, by their +wilful disregard of the requirements of the Uitlanders, have given +cohesion to a people about as heterogeneous as any community under +the sun, and have trained them to act and to care for themselves. The +refusal year after year to give a charter of incorporation to the +Chamber, on the grounds that it would be creating an <i>imperium in +imperio</i>, and the comments of Volksraad members on the petition, have +made it clear that the Government view the Chamber with no friendly +eye. The facts that in order to get a workable pass law at all the +Chamber had to prepare it in every detail, together with plans for +the creation and working of a Government department; and that in +order to diminish the litigation under the gold law, and to make that +fearful and wonderful agglomeration of erratic, experimental, crude, +involved, contradictory and truly incomprehensible enactments at all +understandable, the Chamber had to codify it at its own expense and +on its own initiative, illustrate both the indispensable character of +the organization, and the ignorance and ineptitude of the Government.</p> + +<p><a id="pg.062"></a>The records of the Volksraad for the last ten years may be searched +in vain for any measure calculated constructively to advance the +country, or to better the conditions of the workers in it, with the +few—very few—exceptions of those proposed by the Chamber of Mines. +The country has, in fact, run the Government, and the Government has +been unable to ruin it.</p> + +<p>Shortly after the discovery of the Rand conglomerates, it became +clear that a railway would have to be built between the coalfields +and the mines—some forty miles. But it was a fixed principle of the +Boers that no railways (with the exception of the Delagoa Bay line, +which, as the means of diverting trade from British channels, was +regarded as a necessary evil) should be built, since they could +compete successfully with the ox-waggon, and thus deprive the 'poor +burgher' of his legitimate trade spoil; and great difficulty was +experienced in getting the consent of the Raad. As a matter of fact, +the permission to build it was only obtained by subterfuge; for it +was explained to the worthy law-makers that it was not a railway at +all—only a <i>steam tram</i>. And the Rand Steam Tram it is called to +this day.</p> + +<p>The Delagoa Railway—the darling scheme of Presidents Burgers and +Kruger in turn—was taken seriously in hand as soon as it was +possible to raise money on almost any terms. The concession for all +railways in the State was granted on April 16, 1884, to a group of +Hollander and German capitalists, and confirmed by the Volksraad on +August 23 following. The President's excuse for granting and +preserving this iniquitous bond on the prosperity of the State is, +that when the country was poor and its credit bad, friends in Holland +came forward and generously helped it, and this must not be forgotten +to them. As a matter of fact, friends accepted the concession when +the State was poor and its credit bad, but did nothing until the +State's credit improved to such an extent as to be mortgageable. +<i>Then</i> the friends granted certain favourable terms under their +concession to other friends, who built the first section of the line +at preposterous rates, and repaid themselves out of moneys raised on +the State's credit.</p> + +<p><a id="pg.063"></a>A well-known South African politician, distinguished alike for his +ability and integrity, who visited the Transvaal during the progress +of the reformers' trial, and was anxious in the interests of all +South Africa to find a solution of the differences, put the position +thus to some of the leading men of the Rand: 'You can see for +yourselves that this is no time to ask for the franchise; for the +time being, Jameson's invasion has made such a suggestion impossible. +Now, tell me in a word, Is there any one thing that you require more +than anything else, which we can help you to get?' The answer was: +'The one thing which we must have—not for its own sake, but for the +security it offers for obtaining and retaining other reforms—<i>is</i> +the franchise. No promise of reform, no reform itself, will be worth +an hour's purchase unless we have the status of voters to make our +influence felt. But, if you want the chief economic grievances, they +are: the Netherlands Railway Concession, the dynamite monopoly, the +liquor traffic, and native labour, which, together, constitute an +unwarrantable burden of indirect taxation on the industry of <i>over +two and a half millions sterling annually</i>. We petitioned until we +were jeered at; we agitated until we—well—came here [Pretoria +Gaol]; and we know that we shall get no remedy until we have the vote +to enforce it. We are not a political but a working community, and if +we were honestly and capably governed the majority of us would be +content to wait for the franchise for a considerable time yet in +recognition of the peculiar circumstances, and of the feelings of the +older inhabitants. That is the position in a nutshell.'</p> + +<h4 class="sidenote">Netherlands Railway Company.</h4> + +<p>The Netherlands Railway Company is then a very important factor. It +is unnecessary to go very fully into its history and the details of +its administration. As the holder of an absolute monopoly, as the +enterprise which has involved the State in its National Debt, and as +the sole channel through which such money has been expended, the +Company has gradually worked itself into the position of being the +financial department of the State; and the functions which are +elsewhere exercised by the heads of the Government belong here, in +practice, entirely to this foreign corporation. Petitions <a id="pg.064"></a>for the +cancellation of this concession were presented in 1888, when the +progressive element in the first Volksraad consisted of one man—Mr. +Loveday, one of the loyalists in the war. The agitation begun and +carried on by him was taken up by others, but without further result +than that of compelling the President to show his hand and step +forward as the champion of the monopoly on every occasion on which it +was assailed. During the years 1893-96 the President stoutly defended +the Company in the Volksraad, and by his influence and the solid vote +of his ignorant Dopper Party completely blocked all legislation +tending to control the Company. Indeed at the end of the Session of +1895, on receiving representations from the business communities of +the Republic as to the desirability of removing this incubus from the +overtaxed people, the President stated plainly that the Netherlands +Railway Concession was a matter of high politics and did not concern +any but the burghers of the State, and that he would receive no +representations from the Uitlanders on the subject nor would he +permit them to discuss it.</p> + +<p>Very shortly after the granting of this railway concession came the +appointment of Dr. Leyds as State Attorney for the Republic, he +having been recommended and pushed forward by the gentlemen in +Holland to whom the concession had been granted. It is stated that he +was sent out as the agent of the concessionaires in order to protect +and advance their interests, although at the same time in the service +of the Republic. It is only necessary to add that Mr. Beelaerts van +Blokland, the Consul-General for the Republic in Holland, is the +agent of the concessionaires in that country, and the accord with +which these two gentlemen, as railway commissioners at their +respective ends, have always acted becomes intelligible. Several of +the vital conditions of the concession have been freely violated, the +first being that a certain section of the line (Nelspruit) should be +completed within four years. It was not completed for eight. The +concession really became void several times during the years prior to +1890, but always found a stalwart champion in the President, who +continued to defend the concessionaires for some two years after they +had failed <a id="pg.065"></a>to get their capital subscribed. The Company was +floated on June 21 1887 on the most peculiar terms, the capital of +Ł166,666 being in 2,000 shares of 1,000 guilders, or Ł83 6s. 8d. +each. The shares were subscribed for by the following groups:</p> + +<pre> + German 819 shares, carrying 30 votes. + Hollander 581 " " 76 " + The Republic 600 " " 6 "</pre> + +<p>The trust-deed, which limited the Republic to 6 out of 112 votes, +although it subscribed about one-third of the capital, and gave to +the smallest holders, the Hollanders, twice as many votes as all the +others put together, was passed by Dr. Leyds, in his capacity of +legal adviser of the Government, having previously been prepared by +him in his other capacity. The sum of Ł124,000 appears to have been +expended on construction ten months before any contract was given out +for the same or any work begun, and fifteen months before any +material was shipped.</p> + +<p>The contract for the construction of the first sixty miles compels +admiration, if only for its impudence. In the first place the +contractors, Van Hattum and Co., were to build the line at a cost to +be mutually agreed upon by them and the railway company, and they +were to receive as remuneration 11 per cent. upon the amount of the +specification. But should they exceed the contract price then the 11 +per cent. was to be proportionately decreased by an arranged sliding +scale, provided, however, that Van Hattum and Co. did not <i>exceed the +specification by more than 100 per cent.</i>, in which latter case the +Company would have the right to cancel the contract. By this +provision Messrs. Van Hattum and Co. could increase the cost by 100 +per cent, provided they were willing to lose the 11 per cent. profit, +leaving them a net gain of 89 per cent. They did not neglect the +opportunity. Whole sections of earthworks cost Ł23,500 per mile, +which should not have cost Ł8,000. Close upon a thousand Hollanders +were brought out from Holland to work for a few months in each year +on the line and then be sent back to Holland again at the expense of +the Republic. In a country which abounded in stone the Komati Bridge +was <a id="pg.066"></a>built of dressed stone which had been quarried and worked in +Holland and exported some 7,000 miles by ship and rail.</p> + +<p>These are a few instances out of many. The loss to the country +through the financing was of course far greater than any manipulation +of the construction could bring about. In the creating of overdrafts +and the raising of loans very large sums indeed were handled. +Three-quarters of a million in one case and a million in another +offered opportunities which the Hollander-German gentlemen who were +doing business for the country out of love for it (as was frequently +urged on their behalf in the Volksraad) were quick to perceive. The 5 +per cent. debentures issued to raise the latter sum were sold at Ł95 +15s.; but the financiers deducted Ł5 commission from even this, so +that the State has only benefited to the extent of Ł90 15s. This +transaction was effected at a time when the State loan known as the +Transvaal Fives—raised on exactly the same interest and precisely +the same guarantee—was quoted at over par. What, however, was felt +to be worse than any detail of finance was that this corporation of +foreigners had gradually obtained complete control of the finances of +the State, and through the railway system it practically dictated the +relations with the other Governments in South Africa, by such +measures for instance as the imposition of a charge of 8-1/2d. per +ton per mile on goods travelling over their lines coming from the +Cape Colony, whilst the other lines are favoured by a charge of less +than half that. The burdens placed upon the mining industry by the +excessive charges imposed for political purposes were, in the case of +the poorer mines, ruinous. The right which the Company had to collect +the Customs dues for account of the State, to retain them as security +for the payment of interest on their shares and debentures, and to +impose a charge for collection quite disproportionate to the cost, +was another serious grievance. It was hopeless, however, to deal with +the whole question. The Government had set its face against any +reform in this quarter. It was not possible to obtain even ordinary +working facilities such as any business corporation unprotected by an +absolute monopoly would be bound to concede of its own accord, in +order to catch a measure of trade.</p> + +<p>The Government have the right, under the agreement with <a id="pg.067"></a>the +Company, to take over the railway on certain conditions, of which +the following are the most important:</p> + +<p>(<i>a</i>) The Company shall receive one year's notice of the intention to +take over.</p> + +<p>(<i>b</i>) The Company shall receive twenty times the amount of the +average of the last three years' dividends.</p> + +<p>(<i>c</i>) The Company shall receive as a solatium for the unexpired +period of the concession an amount equal to one per cent. of its +nominal capital for each year up to the year of expiring (1915).</p> + +<p>The Government can take over the Krugersdorp-Johannesburg-Boksburg +Tramway against payment of the cost of construction.</p> + +<p>If the Volksraad should not during this Session<a href="#fn.08" class="fnmark">{08}</a> decide to +nationalize the railway no change can take place before 1898, so that +the three years 1895 to 1897 would have to be taken as a basis and +therefore the 6 per cent. for 1894, the only low dividend, would not +come into the calculation. This would of course considerably increase +the purchase price—<i>e.g.</i>,</p> + +<pre> + 1895 9 per cent. + 1896 14 " (estimate), + 1897 14 " " + -- + Total 37 "</pre> + +<p>That is to say an average distribution of 12.33 per cent. for the +three years. The purchase price would thus be:</p> + +<pre> + 12.33 X 20 = 246.66 per cent. + 17 years' premium 17 " + ------ + Total 263.66 "</pre> + +<p>This has been clearly explained to the Volksraad but without avail, +the President's influence on the other side being too strong. During +the Session of 1895 it was made clear that agitation against the +Company was as futile as beating the air. When the Hollander clique +found that they could no longer convince the Boers as a whole of the +soundness of their business and the genuineness of their aims, and +when they <a id="pg.068"></a>failed to combat the arguments and exposures of their +critics, they resorted to other tactics, and promulgated voluminous +reports and statements of explanations which left the unfortunate +Volksraad members absolutely stupefied where they had formerly only +been confused.<a href="#fn.09" class="fnmark">{09}</a></p> + +<p>The following is taken from an article in the Johannesburg <i>Mining +Journal</i>, dealing with the burdens imposed by the railway company +upon the industry:</p> + +<div class="quoted"> + +<p class="centered">RAILWAY MONOPOLY.</p> + +<p>This is another carefully designed burden upon the mines and country. +The issued capital and loans of the Netherlands Company now total +about Ł7,000,000, upon which an average interest of about 5-1/3 per +cent.—guaranteed by the State—is paid, equal to Ł370,000 per annum. +Naturally the bonds are at a high premium. The Company and its +liabilities can be taken over by the State at a year's notice, and +the necessary funds for this purpose can be raised at 3 per cent. An +offer was recently made to the Government to consolidate this and +other liabilities, but the National Bank, which is another +concession, has the monopoly of all State loan business, and this +circumstance effectually disposed of the proposal. At 3 per cent. a +saving of Ł160,000 per annum would be made in this monopoly in +interest alone. The value represented by the Custom dues on the +Portuguese border we are not in a position to estimate, but roughly +these collections and the 15 per cent. of the profits paid to the +management and shareholders must, with other leakages, represent at +least another Ł100,000 per annum, which should be saved the country. +As the revenue of the corporation now exceeds Ł2,000,000 a year, of +which only half is expended in working costs, the estimate we have +taken does not err upon the side of extravagance. By its neglect of +its duties towards the commercial and mining community enormous +losses are involved. Thus, in the coal traffic, the rate—which is +now to be somewhat reduced—has been 3d. per ton per mile. According +to the returns of the Chamber of Mines, the coal production of the +Transvaal for 1895 was 1,045,121 tons. This is carried an average +distance of nearly thirty miles, but taking the distance at +twenty-four miles the charges are 6s. per ton. At 1-1/2d. per ton per +mile—three times as much as the Cape railways charge—a saving upon +the coal rates of 3s. per ton would follow, equal to Ł150,000 per +annum. Again, by the 'bagging' system, an additional cost of 2s. 3d. +per ton is incurred—details of this item have been recently +published in this paper—and if this monopoly were run upon ordinary +business lines, a further saving of Ł110,000 would be made by +carrying coal in bulk. The interest upon the amount required to +construct the necessary sidings for handling the coal, and the +tram-lines required to transport <a id="pg.069"></a>it to the mines, would be a mere +fraction upon this amount; and as the coal trade in the course of a +short time is likely to see a 50 per cent. increase, the estimate may +be allowed to stand at this figure without deduction. No data are +available to fix the amount of the tax laid upon the people generally +by the vexatious delays and losses following upon inefficient railway +administration, but the monthly meetings of the local Chamber of +Commerce throw some light upon these phases of a monopolistic +management. The savings to be made in dealing with the coal traffic +must not be taken as exhausting all possible reforms; the particulars +given as to this traffic only indicate and suggest the wide area +covered by this monopoly, which hitherto has made but halting and +feeble efforts to keep pace with the requirements of the public. +Dealing as it does with the imports of the whole country, which now +amount in value to Ł10,000,000, the figures we have given must serve +merely to illustrate its invertebrate methods of handling traffic, as +well as its grasping greed in enforcing the rates fixed by the terms +of its concession. Its forty miles of Rand steam tram-line and +thirty-five miles of railway from the Vaal River, with some little +assistance from the Delagoa line and Customs, brought in a revenue +of about Ł1,250,000 in 1895. Now that the Natal line is opened the +receipts will probably amount to nearly Ł3,000,000 per annum, all of +which should swell the ordinary revenue of the country, instead of +remaining in the hands of foreigners as a reservoir of wealth for +indigent Hollanders to exploit. The total railway earnings of the +Cape and Natal together over all their lines amounted to Ł3,916,566 +in 1895, and the capital expenditure on railways by these colonies +amounts to Ł26,000,000. The greater portion of these receipts come +from the Rand trade, which is compelled to pay an additional +Ł2,500,000, carrying charges to the Netherlands Company, which has +Ł7,000,000 of capital. Thus, railway receipts in South Africa amount +now to Ł7,000,000 per annum, of which the Rand contributes at least +Ł5,000,000.</p> + +<p>The revenue of the company is now considerably over Ł3,000,000 per +annum. The management claim that their expenses amount to but 40 per +cent. of revenue, and this is regarded by them as a matter for +general congratulation. The Uitlanders contend that the concern is +grossly <i>mis</i>managed, and that the low cost of working is a fiction. +It only appears low by contrast with a revenue swollen by +preposterously heavy rates and protected by a monopoly. The tariff +could be reduced by one-half; that is to say, a remission of taxation +to the tune of one and a half million annually could be effected +without depriving the Company of a legitimate and indeed very +handsome profit.</p> +</div> + +<h4 class="sidenote">Selati Railway.</h4> + +<p>The Selati Railway Scheme! 'Conceived in iniquity, delivered in +shame, died in disgrace!' might be its history, but for the fact that +it is not quite dead yet. But very nearly! The concession was +obtained during the Session of 1890 by a member of the First +Volksraad, Mr. Barend J. Vorster, jun., who himself took part in and +guided the tone of the debate which decided the granting of the +concession. The Raad resolved to endeavour to obtain the favourable +opinions of their constituents, but <a id="pg.070"></a>before doing so the generous +Mr. Vorster made what he was pleased to call 'presents' to the +members—American spiders, Cape carts, gold watches, shares in the +Company to be floated, and sums in cash—were the trifles by which +Mr. Vorster won his way to favour. He placated the President by +presenting to the Volksraad a portrait of his Honour, executed by the +late Mr. Schroeder, South Africa's one artist. The picture cost Ł600. +The affair was a notorious and shameless matter of bribery and the +only profit which the country gained from it was a candid confession +of personal principles on the part of Mr. Kruger himself, who when +the exposure took place stated that he saw no harm in members +receiving presents. Debentures to the amount of Ł500,000 were issued, +bearing Government guarantee of 4 per cent. The Company received Ł70 +for each Ł100 debenture. Comment is superfluous. A second issue of a +million was made, nominally at Ł93 10s., but the Company only +received Ł86—a commission to the brokers or agents of 8-3/4 per +cent., at a time when the Company's previous issue of 4 per cents. +were standing at Ł97 in the market. The costs of flotation were +charged at upwards of Ł32,000; the expenses of one gentleman's +travelling, etc., Ł6,000.</p> + +<p>But these are 'trifles light as air.' This Selati Railway Company, +which being guaranteed by Government is really a Government +liability, arranged with a contractor to build the line at the +maximum cost allowed in the concession, Ł9,600 per mile. Two days +later this contractor sub-let the contract for Ł7,002 per mile. As +the distance is 200 miles, the Republic was robbed by a stroke of the +pen of Ł519,600—one of the biggest 'steals' even in the Transvaal. +During the two years for which Dr. Leyds was responsible as the +representative of the Republic for the management of this affair, +none of these peculiar transactions were detected—at any rate none +were reported or exposed; but on the accession to office of an +ignorant old Boer the nest of swindles appears to have been +discovered without any difficulty. And it is generally admitted that +Dr. Leyds is not a fool. This exposure took place at the end of the +Session of 1894, and, inured as the Uitlanders had become to jobs, +this was an eyeopener even for them, and the startled community +<a id="pg.071"></a>began wondering what more might be in store for them—the unfortunate +tax-payers—who had to bear the brunt of it all.</p> + +<h4 class="sidenote">Revenue.</h4> + +<p>Turning to the finances of the country, the following tables are as +instructive as anything can be:</p> + +<p class="centered"> +REVENUE AND EXPENDITURE OF THE SOUTH AFRICAN REPUBLIC.<a href="#fn.10" class="fnmark">{10}</a></p> + +<pre> + Fiscal period. Revenue. Expenditure. Remarks. + Ł Ł + Aug. 1, 1871 to July 31, 1872 ... 40,988 ... 35,714 + " 1, 1872 " Jan. 31, 1873 ... 43,239 ... 41,813 + Feb. 1, 1873 " " 31, 1874 ... 49,318 ... 45,482 Gold discovered + in Lydenburg. + " 1, 1874 " " 31, 1875 ... 58,553 ... 61,785 + " 1, 1875 " " 31, 1876 ... 64,582 ... 69,394 + " 1, 1876 " " 31, 1877 ... 62,762 ... 64,505 + " 1, 1877 " April 12, 1877 ... 25,752 ... 17,235 + April 12, 1877 " Dec. 31, 1877 ... 54,127 ... 70,003 + Jan. 1, 1878 " " 31, 1878 ... 76,774 ... 89,063 + " 1, 1879 " " 31, 1879 ... 93,409 ... 177,596 + " 1, 1880 " " 31, 1880 ... 174,069 ... 144,943 + " 1, 1881 " Oct. 14, 1881 ... 25,326 ... 186,707 British Govt. + Aug. 8, 1881 " Dec. 31, 1881 ... 37,908 ... 33,442 Boer Govt. + Jan. 1, 1882 " " 31, 1882 ... 177,407 ... 114,476 + " 1, 1883 " " 31, 1883 ... 143,324 ... 184,344 + " 1, 1884 " Mar. 31, 1884 ... 44,557 ... 18,922 + April 1, 1884 " " 31, 1885 ... 161,596 ... 184,820 + " 1, 1885 " " 31, 1886 ... 177,877 ... 162,709 Sheba floated. + " 1, 1886 " Dec. 31, 1886 ... 196,236 ... 154,636 Rand proclaimed + Sept. 8, 1886. + Jan. 1, 1887 " " 31, 1887 ... 637,749 ... 594,834 Shares quoted + Johannesburg + Stock Exchange. + Telegraph + opened + Johannesburg + April 26, 1887. + " 1, 1888 " " 31, 1888 ... 884,440 ... 720,492 Boom, Nov. 1888 + " 1, 1889 " " 31, 1889 ...1,577,445 ...1,201,135 to Jan. 1889. + Slump, Mar. 1889. + " 1, 1890 " " 31, 1890 ...1,229,061 ...1,386,461 + " 1, 1891 " " 31, 1891 ... 967,192 ...1,350,074 Baring Crisis. + " 1, 1892 " " 31, 1892 ...1,255,830 ...1,187,766 Railway reached + Johannesburg + Sept. 15. + " 1, 1893 " " 31, 1893 ...1,702,685 ...1,302,054 + " 1, 1894 " " 31, 1894 ...2,247,728 ...1,734,728 + " 1, 1895 " " 31, 1895 ...2,923,648 ...1,948,249 + " 1, 1896 " " 31, 1896 ...3,912,095 ...3,732,492 + " 1, 1897 " " 31, 1897 ...3,956,402 ...3,898,816 + " 1, 1898 " " 31, 1898 ...3,329,958 ...3,476,844 + " 1, 1899 " " 31, 1899 ...4,087,852 ...3,951,234 (Budget). +</pre> + +<p>The figures for the period from 1871 to the end of 1887 are taken +from <a id="pg.072"></a>Jeppe's Transvaal Almanac for 1889. They represent the +ordinary Revenue and Expenditure arrived at after the deduction +of the items 'Special Receipts,' 'Special Deposits,' 'Deposits +Withdrawn,' 'Advance Refunded,' 'Advances made' and 'Fixed Deposits' +from the totals given in the Official Government Returns.</p> + +<p>The figures for the years 1888 to 1899 are those of the published +Government Returns after the deduction of—</p> + +<p>Fixed deposits from 1888 to 1893 inclusive.</p> + +<p>The sale and purchase of explosives from 1895 to 1898 inclusive.</p> + +<p>The owner's share of claim licenses from 1895 to 1899 inclusive.</p> + +<p>Delagoa Bay Customs Dues paid to the Netherlands Railway for 1898 and +1899.</p> + +<h4 class="sidenote">Dynamite Monopoly.</h4> + +<p>The dynamite monopoly has always been a Monopoly very burning +question with the Uitlanders. This concession was granted shortly +after the Barberton Fields were discovered, when the prospects of an +industry in the manufacture of explosives were not really very great. +The concessionaire himself has admitted that had he foreseen to what +proportions this monopoly would eventually grow he would not have had +the audacity to apply for it. This, of course, is merely a personal +question. The fact which concerned the industry was that the right +was granted to one man to manufacture explosives and to sell them at +a price nearly 200 per cent. over that at which they could be +imported. It was found upon investigation after some years of +agitation that the factory at which this 'manufacture' took place was +in reality merely a depot in which the already manufactured article +was manipulated to a moderate extent so as to lend colour to the +President's statement that a local industry was being fostered. An +investigation held by order of the Volksraad exposed the imposition. +The President himself stated that he found he had been deceived and +that the terms of the concession had been broken, and he urged the +Raad to cancel it—which the Raad did. The triumph was considerable +for the mining industry and it was the more appreciated in that it +was the solitary success to which the Uitlanders could point in their +long series of agitations for reform. But the triumph was not +destined to be a lasting one. Within a few months the monopoly was +revived in an infinitely more obnoxious form. It was now called a +Government monopoly, but 'the agency' was bestowed upon a partner of +the gentleman who had formerly owned the concession, the President +himself vigorously defending this course and <a id="pg.073"></a>ignoring his own +judgment on the case uttered a few months previously. <i>Land en Volk</i>, +the Pretoria Dutch newspaper, exposed the whole of this transaction, +including the system of bribery by which the concessionaries secured +their renewal, and among other things made the charge which it has +continued to repeat ever since that Mr. J.M.A. Wolmarans, member +of the Executive, received a commission of one shilling per case +on every case sold during the continuance of the agency as a +consideration for his support in the Executive Council, and that he +continues to enjoy this remuneration, which is estimated now to be +not far short of Ł10,000 a year. Mr. Wolmarans, for reasons of pride +or discretion, has declined to take any notice of the charge, +although frequently pressed to take action in the matter. It is +calculated that the burden imposed upon the Witwatersrand Mines alone +amounts to Ł600,000 per annum, and is, of course, daily increasing.</p> + +<h4 class="sidenote">The Franchise Laws.</h4> + +<p>The question of the franchise, which has achieved the greatest +prominence in the Uitlander agitation, is one with which few people +even in the Transvaal are familiar, so many and peculiar have been +the changes effected in the law. Lawyers differ as to whether certain +laws revoke or merely supplement previous ones, and the President +himself—to the grim amusement of the Uitlanders—frequently goes +astray when he speaks on franchise. The first law on burgher and +electoral rights is No. 1 of 1876, which remained in force until +1882. By it the possession of landed property or else residence for +one year qualified the settler for full burgher privileges. Law No. 7 +of 1882 was the first attempt of the restored Republic to deal with +the question. It was then enacted that an alien could be naturalized +and enfranchised after five years' residence, such residence to be +proved by the Field-cornet's books of registration. It has already +been explained that these records in nine cases out of ten were +either improperly kept or non-existent.</p> + +<p>In 1890 Law No. 4 was passed, creating the Second Volksraad and +altering the Grondwet (or constitution) accordingly. By this law the +franchise was indirectly altered without repealing those portions +which may be at variance <a id="pg.074"></a>with or repugnant to the implied +alterations, and this was done by simply defining what class of +electors should vote for members of the First Raad, and what class +for members of the Second. Thus, 'the members of the First Volksraad +shall be elected by those enfranchised burghers who have obtained the +right of voting before this law comes in force, or thereafter by +birth in the State, and on having attained the age of sixteen years.' +Secondly, all those who became naturalized and enfranchised after +this law was passed could not vote for members of the First +Volksraad, but a subsequent article in the law provides that the +higher rights can be obtained by those who shall have been eligible +for ten years for election to the Second Volksraad; and it is then +explained that, in order to be eligible for the Second Volksraad, +it is necessary to be thirty years of age, to be a member of the +Protestant Church, to live and have landed property in the Republic, +and to have been a naturalized subject for two years. Thus the full +electoral privileges were only obtainable after fourteen years' +residence in the State, and the possession of the other +qualifications of religion, property, etc.</p> + +<p>Next came Law No. 13 of 1891, which was rather a codification than an +alteration of previous laws. In 1892 another law was passed again +explaining, but not materially altering the franchise. In 1893 Law +No. 14 was passed as an amendment of previous laws: further juggling +the position—further hedging in the sacred preserve. As the law was +superseded in the following year it is unnecessary to go into +details; but note how the measure became law! It was not published in +the <i>Staats Courant</i> for three months as required by law; it was not +published at all; nor was any special resolution taken affirming that +it was a matter of extreme urgency and therefore to be held exempt +from that rule of procedure; so that the High Court ought to be able +to declare it null and void. The circumstances of its introduction +could not be considered to warrant the plea of urgency. On the 29th +and 30th June, 1893, memorials upon the franchise question were laid +before the Raad. From Johannesburg came one memorial bearing 4,507 +signatures out of the grand total of 6,665 memorialists. It was in +favour of <i>extension</i> of the franchise. Another memorial from 103 +Free State burghers was in <a id="pg.075"></a>favour of <i>extension</i>, another from +Barberton from 40 burghers also for <i>extension</i>. Seven memorials, +bearing 444 signatures, were <i>against</i> extension. All the others +concerned minor alterations in Law 13 of 1891, and did not affect +the franchise. The Raad appointed a commission and on the 8th of +September received its report, together with a draft law which had +not before seen the light of day. After a discussion lasting part of +one morning the law was passed provisionally; and to be of full force +and effect until confirmed by the Raad in the following year. Thus +again were the fundamental political conditions entirely altered by +the passing of a law which <i>two hours before</i> had not been heard of.</p> + +<p>Law No. 3 of 1894 purports to supersede all other laws. Therein it is +laid down that all persons born in the State, or who may have +established their domicile therein before May 29, 1876, are entitled +to full political privileges. Those who have settled in the country +since then can become naturalized after two years' residence dating +from the time at which their names were registered in the +Field-cornet's books. This naturalization confers the privilege of +voting for local officials, Field-cornets, landdrosts,<a href="#fn.11" class="fnmark">{11}</a> and for +members of the Second Raad. It is however stipulated that children +born in the country shall take the status of their fathers. The +naturalized subject after having been qualified to vote in this +manner for two years becomes eligible for a seat in the Second +Volksraad—<i>i.e.</i>, four years after the registration of his name in +the Field-cornet's books. After he shall have been qualified to sit +in the Second Volksraad for ten years (one of the conditions for +which is that he must be thirty years of age) he may obtain the full +burgher rights or political privileges, provided the majority of +burghers in his Ward will signify <i>in writing their desire that he +should obtain them</i> and provided the President and Executive shall +see no objection to granting the same. It is thus clear that, +assuming the Field-cornet's records to be honestly and properly +compiled and to be available for reference (which they are not), the +immigrant, after fourteen years' probation during which he shall +have given up his own country and have been politically emasculated, +<a id="pg.076"></a>and having attained the age of at least forty years, would have the +privilege of obtaining burgher rights should he be willing and able +to induce the majority of a hostile clique to petition in writing on +his behalf and should he then escape the veto of the President and +Executive.</p> + +<p>This was the coping-stone to Mr. Kruger's Chinese wall. The +Uitlanders and their children were disfranchised for ever, and as far +as legislation could make it sure the country was preserved by entail +to the families of the Voortrekkers. The measure was only carried +because of the strenuous support given by the President both within +the Raad and at those private meetings which practically decide the +important business of the country. The President threw off all +disguise when it came to proposing this measure of protection. For +many years he had been posing as the one progressive factor in the +State and had induced the great majority of people to believe that +while he personally was willing and even anxious to accede to the +reasonable requests of the new population his burghers were +restraining him. He had for a time succeeded in quelling all +agitation by representing that demonstrations made by the tax-bearing +section only embarrassed him in his endeavour to relieve them and +aggravated the position by raising the suspicions and opposition of +his Conservative faction.</p> + +<p>In 1893 a petition signed by upwards of 13,000 aliens in favour of +granting the extension of the franchise was received by the Raad with +great laughter. But notwithstanding this discouragement, during the +following year a monster petition was got up by the National Union. +It was signed by 35,483 Uitlanders—men of an age and of sufficient +education to qualify them for a vote in any country. The discussion +which took place on this petition was so important, and the decision +so pregnant with results, that copious notes of the Volksraad debate +are published in this volume (Appendix). The only response made to +this appeal was a firmer riveting of the bonds. It is but just to say +that the President encountered determined opposition in his attempt +to force his measure through the Raad. The progressive section +(progressive being a purely relative term which the peculiar +circumstances of the country alone can justify) made a stand, +<a id="pg.077"></a>but the law was carried nevertheless. Eye-witnesses of the scene +state that two or three of the intelligent and liberal-minded farmers +belonging to this progressive party, men who were earnestly desirous +of doing justice to all and furthering the interests of the State, +declared at the close of the debate that this meant the loss of +independence. 'Now,' said one old Boer, 'our country is gone. Nothing +can settle this but righting, and there is only one end to the fight. +Kruger and his Hollanders have taken our independence more surely +than ever Shepstone did.' The passing of this measure was a +revelation not only to the Uitlanders, who still believed that +reasonable representations would prevail, but to a section of the +voters of the country who had failed to realize Mr. Kruger's policy, +and who honestly believed that he would carry some conciliatory +measures tending to relieve the strain, and satisfy the large and +ever-increasing industrial population of aliens. The measure was +accepted on all hands as an ultimatum—a declaration of war to the +knife. There was only one redeeming feature about it: from that time +forward there could be no possibility of misunderstanding the +position, and no reason to place any credence in the assurances of +the President. When remonstrated with on this subject of the refusal +of the franchise, and when urged by a prominent man whose sympathies +are wholly with the Boer to consider the advisability of 'opening the +door a little,' the President, who was in his own house, stood up, +and leading his adviser by the arm, walked into the middle of the +street, and pointed to the Transvaal flag flying over the Government +buildings, saying, 'You see that flag. If I grant the franchise I may +as well pull it down.'</p> + +<p>It is seldom possible to indicate the precise period at which a +permanent change in the feeling of a people may be considered to have +been effected, but the case of the Uitlanders undoubtedly presents +one instance in which this is possible. Up to the passing of this law +quite a considerable section of the people believed that the +President and the Volksraad would listen to reason, and would even in +the near future make considerable concessions. A larger section, it +is true, believed nothing of the sort, but at the same time were so +far from thinking that it would be necessary to resort to <a id="pg.078"></a>extreme +measures that they were content to remain passive, and allow +their more sanguine comrades to put their convictions to the test. It +is not too much to say that not one person in a hundred seriously +contemplated that an appeal to force would be necessary to obtain the +concessions which were being asked. It might be said that within an +hour the scales dropped from the eyes of the too credulous community, +and the gravity of the position was instantly realized. The passage +of the Bill and the birth of the revolutionary idea were synchronous.</p> + +<p>In a brief sketch of events, such as this is, it is not possible with +due regard to simplicity to deal with matters in chronological order, +and for this reason such questions as the franchise, the railway, +dynamite, and others have been explained separately, regardless of +the fact that it has thereby become necessary to allude to incidents +in the general history for which no explanation or context is +supplied at the moment. This is particularly the case in the matter +of the franchise, and for the purpose of throwing light on the policy +of which the franchise enactments and the Netherlands Railway affairs +and other matters formed a portion, some explanation should be given +of President Kruger's own part and history in the period under +review.</p> + +<p>Mr. Kruger was elected President in 1882, and re-elected in 1888 +without serious opposition, his one rival, General Joubert, receiving +an insignificant number of votes. The period for which he was now +elected proved to be one of unexpected, unexampled prosperity, +furnishing him with the means of completing plans which must have +seemed more or less visionary at their inception; but it was also a +period of considerable trial. The development of the Barberton +Goldfields was a revelation to the peasant mind of what the power of +gold is. The influx of prospectors was very considerable, the +increase of the revenue of the State appeared simply colossal; and no +sooner did the Boer rulers begin to realize the significance of the +Barberton boom than they were confronted with the incomparably +greater discoveries of the Witwatersrand. The President did not like +the Uitlanders. He made no concealment of the fact. He could never be +induced to listen to the petitions of that community, <a id="pg.079"></a>nor to do +anything in the way of roads and bridges in return for the very +heavy contributions which the little community sent to the Republic's +treasury. In those days he used to plead that the distance +was great, and the time required for coach-travelling was too +considerable; but the development of the Witwatersrand and the +growth of Johannesburg within thirty-two miles of the capital, while +disposing of the pretexts which held good in the case of Barberton, +found Mr. Kruger no more inclined to make the acquaintance of the +newcomers than he had been before. Notwithstanding that the law +prescribes that the President shall visit all the districts and towns +of the State at least once during the year, notwithstanding, also, +the proximity of Johannesburg, the President has only visited the +industrial capital of the Republic three times in nine years. The +first occasion was in the early days—a visit now remembered only as +the occasion of the banquet at which Mr. Cecil Rhodes, then one of +the pioneers of the Rand, in proposing the President's health, +appealed to him to make friends with the newcomers, and to extend the +privileges of the older residents to 'his young burghers—like +myself.' That was before Mr. Rhodes had secured his concession, and +long before the Charter was thought of.</p> + +<p>There is an unreported incident which occurred a year or two later, +concerning the two strong men of Africa—it was a 'meeting' which +didn't take place, and only Mr. Rhodes can say how it might have +affected the future of South Africa had it come off. The latter +arrived by coach in Pretoria one Saturday morning, and, desiring to +see the President, asked Mr. Ewald Esselen to accompany him and +interpret for him. Mr. Rhodes, knowing the peculiar ways of Mr. +Kruger, waited at the gate a few yards from the house while Mr. +Esselen went in to inquire if the President would see him. Mr. +Kruger's reply was that he would see Mr. Rhodes on Monday. Mr. +Esselen urged that as Mr. Rhodes was obliged to leave on Sunday night +the reply was tantamount to a refusal. The President answered that +this was 'Nachtmaal' time and the town was full of his burghers, and +that he made it a rule, which he would violate for no one, to reserve +the Saturdays of the Nachtmaal week for his <a id="pg.080"></a>burghers so as to hear +what they had to say if any wished to speak to him, as his burghers +were more to him than anyone else in the world. 'I do no business on +Sunday,' he concluded, 'so Rhodes can wait or go!' Mr. Rhodes did not +wait. When he heard the answer he remarked to Mr. Esselen, 'The old +devil! I meant to work with him, but I'm not going on my knees to +him. I've got my concession however and he can do nothing.'</p> + +<p>The second visit of Mr. Kruger to Johannesburg was the famous one of +1890, when the collapse of the share market and the apparent failure +of many of the mines left a thriftless and gambling community wholly +ruined and half starving, unable to bear the burden which the State +imposed, almost wholly unappreciative of the possibilities of the +Main Reef, and ignorant of what to do to create an industry and +restore prosperity. This, at least, the community did understand, +that they were horribly overtaxed; that those things which might be +their salvation, and are necessary conditions for industrial +prosperity—railways, cheap living, consistent and fair +government—were not theirs. The President visited Johannesburg with +the object of giving the assurance that railways would be built. He +addressed a crowd of many thousands of people from a platform at the +Wanderers' Club pavilion. He did not conceal his suspicions of the +people, and his attempts to conceal his dislike were transparent and +instantly detected, the result being that there was no harmony +between his Honour and the people of Johannesburg. Later in the +evening the crowd, which had hourly become larger and more and more +excited and dissatisfied, surrounded the house which the President +was occupying, and, without desire to effect any violence, but by +simple pressure of numbers, swept in the railings and pillars which +enclosed the house. Most fortunately the Chief of Police had +withdrawn all the Boer members of the force, and the crowd, to their +surprise, were held back by Colonial, English, and Irish 'bobbies.' +This was probably the only thing that prevented a very serious +culmination. As it was, some excited individuals pulled down the +Transvaal flag from the Government buildings, tore it in shreds and +trampled it under foot. The incident should have been ignored under +the exceptionally <a id="pg.081"></a>trying conditions of the time, but the Government +determined to make much of it. Some arrests were effected, and men +thrown into prison. Bail was refused; in fact, 'martyrs' were made, +and the incident became indelibly stamped on the memory of both Boer +and Uitlander. The President vowed that he would never visit the +place again, and without doubt made use of his experience to +consolidate the feeling of his burghers against the Uitlanders.</p> + +<p>At a meeting of burghers several months after this incident, he +referred to the agitation and constant complaining of the Uitlanders, +and stated that they had only themselves to thank for all their +troubles, and yet they would blame the Government. He then proceeded +to entertain his hearers with one of the inevitable illustrations +from life in the lower animal kingdom. 'They remind me,' said his +Honour, 'of the old baboon that is chained up in my yard. When he +burnt his tail in the Kaffir's fire the other day, he jumped round +and bit me, and that just after I had been feeding him.' For five +years Mr. Kruger was as good as his word. He would not even pass +through Johannesburg when convenience suggested his doing so, but +made circuits by road to avoid the place of detestation. It was on +one of these visits to Krugersdorp, a township within the +Witwatersrand Fields, twenty miles from Johannesburg, that the +President, appreciating the fact that besides his beloved burghers +there might, owing to the proximity of the fields, be some +unregenerate aliens present, commenced his address as follows: +'Burghers, friends, thieves, murderers, newcomers, and others.' This +was not ill-judged and laborious humour; it was said in absolute +earnest. The references were repeated at various intervals in the +address and here explained by allusions to the Scriptures and to the +all-merciful God through Whom even the worst might hope to be +redeemed, the inference clearly being that even the Uitlander, by the +grace of God (and, no doubt, Mr. Kruger), might hope in time to +approach the fitness of the burgher.</p> + +<p>In the meantime another affair occurred, which revived much of the +old feeling expressed at the time of the flag affair. War was +declared against Malaboch, a native chief with a following of a few +hundreds, who had, it was alleged, refused <a id="pg.082"></a>to pay his taxes. Such +wars are of frequent occurrence in the Transvaal, the reasons +assigned being usually some failure to pay taxes or to submit to the +discipline of the native Commissioners. In this case British subjects +were commandeered—that is, requisitioned to fight or to find in +money or in kind some contribution to the carrying on of the war. It +was felt that the position of the Republic did not warrant at that +time a resort to commandeering, a measure which no doubt was +necessary in the early days when the Republic had no cash; but with a +declared surplus of about Ł1,000,000 in the Treasury, it was deemed +to be an uncivilized and wholly unnecessary measure, and one capable +of the grossest abuse, to permit men of inferior intelligence and +training, and of no education, such as the Field-cornets are, to +use their discretion in levying contributions upon individuals. The +Uitlanders were especially sensible of the injustice done to them. +They had been definitely refused all voice in the affairs of the +State, and they already contributed nine-tenths of the revenue. They +received in return an infinitesimal portion in the shape of civil +administration and public works, and they were distinctly not in +the humour to be placed at the mercy of Boer officials, who would +undoubtedly mulct them and spare the burghers. Protests were made; +and five of the men commandeered in Pretoria, having point-blank +refused to comply with the orders, were placed under arrest. The High +Commissioner, Sir Henry (now Lord) Loch, was appealed to, and, acting +on instructions from the Imperial Government, immediately proceeded +to Pretoria. The excitement was intense. In Johannesburg a number of +men were prepared to make a dash on Pretoria to effect the forcible +release of the prisoners, and had any steps been taken to enforce the +commandeering law within the Witwatersrand district, without doubt a +collision would have taken place. The supply of arms in the town was, +it is true, wholly inadequate for any resistance to the Boers, but in +the excitement of the time this was not considered.</p> + +<p>Sir Henry Loch's visit had the effect of suspending all action; but +the opinion in Pretoria was that should the High Commissioner proceed +to Johannesburg there would be such an outburst of feeling that no +one could foresee the results. <a id="pg.083"></a>Every effort was made to prevent him +from going. Among other steps taken by the President was that of +sending over for the President of the Chamber of Mines, Mr. Lionel +Phillips, and requesting him, if he had the interests of the State +and the welfare of the community at heart, to use his influence to +dissuade the High Commissioner from visiting the town in its then +excited state. Sir Henry Loch, in deference to the opinion expressed +on all sides, agreed not to visit Johannesburg, but to receive +deputations from Johannesburg people at his hotel in Pretoria. The +High Commissioner's visit was successful. The Government agreed to +absolve British subjects from the operation of the Commando Law; but +the men who had been arrested and already sent under guard to the +front were allowed to proceed and receive their discharge at the +scene of war, and were compelled to find their own way back, +receiving no consideration or compensation for the treatment to which +they had been subjected. In this respect it is difficult to say that +Sir Henry Loch achieved all that might have been expected from him. +Possibly, to insist on more than he did would have left President +Kruger no alternative but to refuse at all risks. The Volksraad being +then in session, there may have been some diplomatic reasons for not +pressing matters too hard.</p> + +<p>A trivial incident occurred which once more excited bad party +feeling. The High Commissioner was met at the railway-station by the +President in his carriage. The enthusiastic crowd of British subjects +shouldered aside the escorts provided by the Government, took the +horses from the carriage, and drew it down to the hotel. In the +course of the journey an individual mounted the box-seat of the +carriage with the Union Jack fastened on a bamboo, and in the +excitement of the moment allowed the folds of England's flag to +gather round the President. His Honour rose very excitedly and struck +at the flag with his walking-stick; but in blissful ignorance of what +was going on behind him the standard-bearer continued to flip his +Honour with the flag until the hotel was reached. There it was +understood that the President would leave the carriage with the High +Commissioner, and under this misapprehension those who had drawn +the carriage down left their posts and joined the cheering crowd +<a id="pg.084"></a>thronging round the hotel. The President was unfortunately left in +the carriage with neither horses nor men to move him, and there he +was obliged to wait until a number of burghers were called up, +who drew his Honour off to his own house. The affair was wholly +unpremeditated and almost unobserved at the time, but it was +unfortunately construed by the President as a deliberate insult, +and it increased, if possible, his dislike for the Uitlander.</p> + +<p>The difficulty of dealing with a man of Mr. Kruger's nature and +training was further illustrated by another occurrence in these +negotiations. During a meeting between the President and the High +Commissioner in the presence of their respective staffs the former +became very excited and proceeded to speak his mind very openly to +his friends, referring freely to certain matters which it was +undesirable to mention in the presence of the British party. Mr. +Ewald Esselen, the late State Attorney, wrote in Dutch in a very +large round schoolboy hand, 'Be careful! There is an interpreter +present,' and handed the slip of paper to the President. The latter +stopped abruptly, looked at the slip of paper, first one way and then +another, and after a long pause threw it on the table saying, 'Ewald, +what does this mean? What do you <i>write</i> things to me for? Why don't +you <i>speak</i> so that one can understand?'</p> + +<p>Early in 1895 efforts were made by the Dutch officials in +Johannesburg and a number of private individuals to induce the +President to visit the place again, when it was thought that a better +reception would be accorded him than that which he had experienced on +his visit in 1890. Mr. Kruger steadily refused for some time, but was +eventually persuaded to open in person the first agricultural show +held on the Witwatersrand. Every precaution was taken to insure him a +good welcome, or, at least, to avoid any of those signs which would +indicate that Johannesburg likes President Kruger no more than he +likes Johannesburg; and even those who were most conscious of the +President's malign influence did all in their power to make the visit +a success, believing themselves to be in duty bound to make any +effort, even at the sacrifice of personal sympathies and opinions, to +turn the current of feeling and to work for a peaceful settlement of +the difficulties <a id="pg.085"></a>which unfortunately seemed to be thickening all +round. The event passed off without a hitch. It would be too much to +say that great enthusiasm prevailed; but, at least, a respectful, and +at times even cordial, greeting was accorded to the President, and +his address in the agricultural show grounds was particularly well +received. The President returned to Pretoria that night and was asked +what he thought of the affair: 'Did he not consider it an <i>amende</i> +for what had happened five years before? And was he not convinced +from personal observation that the people of Johannesburg were loyal, +law-abiding, and respectful to the head of the Government under which +they lived?' Mr. Kruger's reply in the vernacular is unprintable; but +the polite equivalent is, 'Ugh! A pack of lick-spittles.' In spite of +a subsequent promulgation it seems clear that there is no 'forget and +forgive' in his Honour's attitude towards Johannesburg. The result of +this interview became known and naturally created a very bad +impression.</p> + +<p>During his second term of office Mr. Kruger lost much of his personal +popularity and influence with the Boers, and incurred bitter +opposition on account of his policy of favouring members of his own +clique, of granting concessions, and of cultivating the Hollander +faction and allowing it to dominate the State.</p> + +<p>Outside the Transvaal Mr. Kruger has the reputation of being free +from the taint of corruption from which so many of his colleagues +suffer. Yet within the Republic and among his own people one of the +gravest of the charges levelled against him is that by his example +and connivance he has made himself responsible for much of the +plundering that goes on. There are numbers of cases in which the +President's nearest relatives have been proved to be concerned in the +most flagrant jobs, only to be screened by his influence; such cases, +for instance, as that of the Vaal River Water Supply Concession, in +which Mr. Kruger's son-in-law 'hawked' about for the highest bid the +vote of the Executive Council on a matter which had not yet come +before it, and, moreover, sold and duly delivered the aforesaid vote. +There is the famous libel case in which Mr. Eugene Marais, the editor +of the Dutch paper <i>Land en Volk</i>, successfully sustained his +allegation that the <a id="pg.086"></a>President had defrauded the State by charging +heavy travelling expenses for a certain trip on which he was actually +the guest of the Cape Colonial Government.<a href="#fn.12" class="fnmark">{12}</a></p> + +<p>The party in opposition to President Kruger, with General Joubert at +its head, might, for purposes of nomenclature, be called the +Progressive Party. It was really led by Mr. Ewald Esselen, a +highly-educated South African, born in the Cape Colony of German +parentage, educated in Edinburgh, and practising as a barrister at +the Pretoria Bar. Mr. Esselen was a medical student at the time of +the Boer War of Independence, and having then as he still has +enthusiastic Boer sympathies, volunteered for medical service during +the war. He subsequently became attached to the President's staff, +and finally, on completing his legal education, was appointed Judge +of the High Court in the Transvaal. Relinquishing his seat on the +Bench after some years of honourable service he returned to the Bar, +and became an active factor in politics. Mr. Esselen, from being the +closest personal adherent of Mr. Kruger, became for a time his most +formidable opponent and his most dreaded critic. A campaign was +organized for the presidential election and feeling ran extremely +high. To such lengths, indeed, did the Boer partisans go that for +some months the possibility of a resort to arms for the settlement of +their differences was freely discussed by both parties. The election +took place in 1893, and at the same time elections of members for the +First Volksraad were in progress. Mr. Kruger made masterly use of his +position in office and of his authority over the officials appointed +during his <i>régime</i>, and for the time being he converted the Civil +Service of the country into an election organization. Not even the +enemies of the President will deny that he is both a practised +diplomat and a determined fighter. By his energy, intrigue, personal +influence, and intense determination, he not only compelled his party +to the highest effort, but to a large extent broke the spirit of the +opposition before the real struggle began. There are two stages in +the Presidential election at which a fight can under certain +circumstances be made. There were certainly two stages in this +election. The first is at the polls; the second is in the Volksraad, +when objections have to be <a id="pg.087"></a>lodged against candidates and a +commission of investigation appointed, and the steps necessary for +the installation of the new President have to be discussed. Mr. +Kruger and his party took ample precautions. It has been stated +openly and without contradiction, and is accepted in the Transvaal as +an unquestionable fact, that at least three properly elected members +of the Volksraad were 'jockeyed' out of their seats because they were +known to have leanings towards General Joubert. A number of his +supporters among the prominent officials of the Civil Service were +disfranchised by the action of President Kruger because they had +favoured his rival. In a country where the matters of Government +have been so loosely conducted it is no doubt fairly easy to find +flaws, and the President experienced no difficulty in establishing +sufficient case against General Joubert's supporters to satisfy the +persons appointed by him to investigate matters. On various pretexts +newly-elected members were debarred from taking their seats. In one +case, a strong supporter of General Joubert, who was returned by a +majority of something like six to one, was kept out of his seat +by the mere lodging of an objection by his opponent, the former +representative of the constituency; there being a provision in the +law that objections with regard to elections shall be heard by the +Volksraad, and that, pending the return of a new member, the member +last elected for the constituency shall continue to represent it. +That the objection lodged in this case was ridiculous in the extreme +had no bearing on the immediate result. The President, with admirable +gravity, said, 'The law provides that all objections must be heard by +the Volksraad, and that pending the decision the old member (a +strenuous supporter of his Honour) shall retain his seat; and before +all things we must support the law.' In the case of Mr. Esselen, who +was elected member for Potchefstroom, the most flagrant abuses were +proved to have been committed by the polling officer, the landdrost, +dead and absent men having (according to him) rolled up freely to +vote for the Krugerite candidate. Numbers of Mr. Esselen's supporters +were disqualified on various pretexts, and the voting being conducted +openly the moral suasion and close supervision of the official +(Krugerite) party were very effective. Mr. Esselen was declared to +have <a id="pg.088"></a>lost his seat by seven votes. Scrutinies were demanded and +objections lodged, but without avail. The tactics above indicated +were pursued in every case. The old Volksraad having been filled with +Mr. Kruger's creatures, it was, of course, his interest to support +the return of old members. He was thus enabled by the law above +quoted to retain an old member in the Volksraad pending the decision +in a case of dispute. Mr. Esselen's defeat was a crushing blow to the +Joubert party, as the want of a leader in the House itself completely +demoralized the General's followers. The election for President +proceeded, and General Joubert was, without any doubt whatever, +elected by a very considerable majority. The tactics already +described were again followed, and the result was announced as: +Kruger, 7,881; Joubert, 7,009. Objections were lodged by General +Joubert, but, deprived of the services of Mr. Esselen in the First +Raad, and overawed by the fierce determination of his opponent, the +General, finding himself in for a struggle, lost heart as usual and +collapsed.</p> + +<p>The difference between the two men is remarkable. Mr. Kruger, to his +credit be it said, has not the remotest conception of the meaning of +fear, and would not know how to begin to give in. Mr. Joubert, 'Slim +(sly) Piet,' as he is called, possessing a considerable share of the +real Africander cunning, is yet no match for his rival in diplomacy, +and has none of his grit and courage. In later years this has been +proved a score of times, and it is, therefore, the more interesting +to recall that at the time of the annexation General Joubert refused +to compromise his principles by taking office under Shepstone, whilst +Mr. Kruger was not so staunch; and both before and during the war +General Joubert refused to accept less than what he considered to be +his rights, and steadily and frequently proclaimed his readiness to +fight whilst Mr. Kruger was diplomatizing.</p> + +<p>The Commission appointed by the Raad to investigate matters was +constituted chiefly of Mr. Kruger's supporters, and the result was a +foregone conclusion. They confirmed the result of the election as +declared; and Mr. Kruger, with the grim humour which upon occasions +distinguishes him, seeing an opportunity for inexpensive magnanimity +which would <a id="pg.089"></a>gratify himself and be approved by everyone—except +the recipients—appointed the most prominent supporters of his rival +in the Volksraad to be the official deputation to welcome the new +President.</p> + +<p>The President did not neglect those who had stood by him in his hour +of need. Mr. Kock, landdrost and polling-officer of Potchefstroom, +who had deserved well of his patron, if for nothing more than the +overthrow of Mr. Esselen, was appointed member of the Executive to +fill a position created purposely for him. The membership of the +Executive is expressly defined by the Grondwet; but his Honour is not +trammelled by such considerations. He created the position of Minute +Keeper to the Executive with a handsome salary and a right to vote, +and bestowed this upon his worthy henchman.</p> + +<p>The Executive Council thus constituted consisted of six members; and +here again the President contrived to kill two birds with one stone, +the expression of his gratitude being by no means unprofitable. After +so bitter a struggle and the resort to such extreme measures as he +had been obliged to use, he anticipated no little opposition even +within the inner circle, and, in any case, he as usual deemed it wise +to provide against all contingencies. Dr. Leyds' vote he knew he +could count on, the interests of the party which the State Secretary +represents being such that they are obliged to work with Mr. Kruger. +The appointment, therefore, of Mr. Kock gave his Honour one half of +the Executive, and the casting-vote which pertains to his office +turned the scale in his favour. Whatever, therefore, might be his +troubles with the Volksraad when, by process of justice, reform, or +death his adherents should be gradually removed from that Chamber, +his position was, humanly speaking, assured in the Executive Council +for the term of his office.</p> + +<p>The opposition to Mr. Kock's appointment was extremely strong, +culminating in the formulation of charges of theft against him by Mr. +Eugene Marais, the spirited editor of the leading Dutch paper, <i>Land +en Volk</i>. The charge alleged against Mr. Kock was that during his +term of office as landdrost at Potchefstroom he had appropriated the +telegraph-wires in order to fence his own farm. Feeling ran so high +<a id="pg.090"></a>that it became necessary to hold an investigation. A trial in the +ordinary courts was not permitted, but a Special Commissioner, one +not qualified by legal experience or official position to preside in +such a case, was selected. By a positively ludicrous exercise of +discretion in the matter of admission of evidence Mr. Kock was +cleared. Mr. Marais, nothing daunted, continued his exposures, +challenging that action should be taken against himself for libel, +and finally producing photographs taken by competent witnesses +showing the <i>corpus delicti in situ</i>. The President and Mr. Kock were +not to be drawn, however, and, secure in their newly-acquired +positions, they declined the offer of battle and rested on their +laurels.</p> + +<p>For some time the Opposition, now called the Progressive Party, was +completely demoralized, and it was not until the following year that +individuals again endeavoured to give cohesion to the party. Appeals +were made by them to prominent individuals and firms associated with +the mining industry for financial support in the manner in which it +is contributed in England for electioneering purposes. A determined +and well-sustained effort was made to educate Boer opinion to better +things, and to bring such influence to bear on the electorate as +would result in the return of a better class of men to the Volksraad. +Newspapers conducted with this end in view were circulated throughout +the country, and when the elections for the Volksraad took place, +specially qualified agents were sent to ascertain the feeling of the +districts, and to work up an opposition to the existing methods of +Government. In every case endeavours were made to select a popular +resident within a district of more enlightened views and higher +character than his fellows. A good many thousand pounds were +contributed and expended for this purpose. Absolutely no stipulation +was made by the contributors to this fund, except that the aim should +be for honest and decent government. The funds were placed +unreservedly in the hands of well-known and highly respected men who +were themselves burghers of the State, and the Uitlanders laid +themselves out for one more effort to effect the reforms by peaceful +means and pressure from within the State. The elections came off and +were <a id="pg.091"></a>regarded as a triumph for the Progressive Party, which it was +alleged had secured some sixteen out of twenty-six seats in the First +Volksraad, and a similar majority in the Second. Hope revived and +confidence was restored among the Uitlanders, but old residents in +the country who knew the Boer character warned the alien community +not to expect too much, as it was a question yet to be decided how +many of those who were Progressives at the time of the election would +stand by their professions when brought face to face with the +President and his party in battle array.</p> + +<p>The warning was too well warranted. The Volksraad so constituted was +the one which rejected with sullen incivility (to apply no harsher +term) the petition of 40,000 Uitlanders for some measure of franchise +reform. This Progressive Raad was also the one which passed the Bills +curtailing the liberty of the press, and prohibiting the holding of +public meetings and the organization of election committees, and +which distinguished itself by an attempt to wrest from the High Court +the decision of a matter still <i>sub judice</i>—the cyanide case.</p> + +<p>In this case the mining industry had combined to test the validity of +certain patents.<a href="#fn.13" class="fnmark">{13}</a> In spite of attempts at reasonable compromise on +behalf of the mines, and these failing, in spite of every effort +made to expedite the hearing of the case, the question continued +to hang for some years, and in the meantime efforts were being +made during two successive sessions of the Volksraad to obtain +the passage of some measure which would practically secure to the +holders of the patents a monopoly for the use of cyanide, or an +indefeasible title to the patents, whether valid in law and properly +acquired or not. These attempts to evade the issue were in themselves +a disgrace to a civilized nation. Failing the obtaining of an +absolute monopoly, an endeavour was made to pass a law that all +patents held without dispute for a certain period should be +unassailable on any grounds. There was a thin attempt at disguising +the purpose of this measure, but so thin, that not even the +originators could keep up the pretence, and the struggle was +acknowledged to be one between the supporters <a id="pg.092"></a>of an independent +court of justice and honest government on the one side, and a party +of would-be concessionaires—one might say 'pirates'—on the +other. The judges made no secret of their intention to tender their +resignations should the measure pass; the President made no secret +of his desire that it should pass. His party voted as one man in +favour of it, and the coffee meetings on the Presidential stoep were +unanimously for it. The Raad was exactly divided on the measure, +and it was eventually lost by the casting-vote of the chairman. No +absolute harm was done, but the revelation of the shameful conditions +of affairs in a Raad of which so much good was expected did as +much as anything could do to destroy all hope. It was a painful +exhibition, and the sordid details which came to light, the +unblushing attempts to levy blackmail on those who were threatened +with pillage by would-be concessionaires, the shameless conduct of +Raad members fighting as hirelings to impose a fresh burden on their +own country, sickened the overburdened community.</p> + +<p>The Bewaarplaatsen question also excited much discussion, but was not +a subject of such close interest to the Uitlander community as +others, for the reason that but few companies were directly +concerned. Bewaarplaatsen is a name given to areas granted for the +purpose of conservation of water, for depositing residues of crushed +ore, etc.—in fact, they are grants of the surface rights of certain +areas at a lower rate of license than that paid upon claim or mineral +areas. This variation in the licensed areas was a wholly unnecessary +complication of the gold law, the difference in cost being +inconsiderable, and the difference in title affording untold +possibilities of lawsuits. In some cases companies had taken out +originally the more expensive claim-licenses for ground the surface +only of which it was intended to use. They had been compelled, by +order of the Government, to convert these claims at a later period +into bewaarplaatsen. They were almost invariably situated on the +south side of the Witwatersrand Main Reef, for the reason that, as +the ground sloped to the south, the water was found there, the mills +would naturally be erected there, and the inclination of the ground +offered tempting facilities for the disposal of residues. After some +years of development on the Main Reef it became clear <a id="pg.093"></a>that the +banket beds, which were known to dip towards the south, became +gradually flatter at the lower levels, and, consequently, it was +clear that bodies of reef would be accessible vertically from +areas south of the reef which had formerly been regarded as quite +worthless as gold-bearing claims. The companies which owned these +bewaarplaatsen now contended that they should be allowed to convert +them into claims, as, by their enterprise, they had exploited +the upper levels and revealed the conditions which made the +bewaarplaatsen valuable. The companies had endeavoured to convert +these bewaarplaatsen into claims when they first discovered that +there was a possibility of their becoming valuable, and that at a +time when the areas themselves were of extremely little market +value to any except the holders of the surface rights. They were +unsuccessful in this through some lack of provision in the law, +and year after year the subject was fought out and postponed, the +disputed ground all the time becoming more and more valuable, and +consequently a greater prize for the concessionaire and pirate, and +a greater incentive to bribery on all hands, until it came to be +regarded by the worthy members of the Volksraad as something very +like a special dispensation of Providence, intended to provide +annuities for Volksraad members at the expense of the unfortunate +owners. After a particularly fierce struggle, the Volksraad went so +far as to decide that those companies which had been obliged to +convert their original claim-holdings into bewaarplaatsen should +be allowed to re-convert them to claims and to retain them. Even +this was only gained after the Minister of Mines had, on his own +responsibility, issued the claim licenses, and so forced the +Volksraad to face the issue of confirming or reversing his action!</p> + +<p>In this matter the President again fought tooth and nail against the +industry, and most strenuous efforts were made by him and his party +to obtain a reversal of the decision, but without effect. This, +however, only disposed of a small portion of the ground at stake. +With regard to those areas which had never been held as claims, the +issue lay between two parties known respectively as the companies, +who were the surface-owners, and the applicants. The applicants, +according to the polite fiction, were those who, having no <a id="pg.094"></a>claim +superior to that of any other individual member of the public, had +happened to have priority in order of application. As a matter of +fact, they were Government officials, political supporters and +relatives of the President, financed and guided by two or three of +the professional concession-hunters and hangers-on of Mr. Kruger's +Government. Notwithstanding the existence of a law specifically +prohibiting Government servants from concerning themselves in other +business and speculations, the parties to this arrangement entered +into notarial contracts determining the apportionment of the plunder, +and undertaking to use their influence in every way with the +President and his party and with members of the Volksraad to secure +the granting of the rights in dispute to themselves. With them was +associated the originator and holder of another infamous monopoly, +and it was stated by him in the Chamber of Mines, that should they +fail to obtain these rights for themselves they were prepared to +co-operate with another party and force the Government to put them up +for public auction, so that at any rate the mines should not have +them. The object of this threat was to compel the mining companies to +come to terms with him and compromise matters.</p> + +<p>One of the notarial contracts referred to has been made public, and +it contains the names of Mr. 'Koos' Smit, the Government Railway +Commissioner, and one of the highest officials in the State; +Landdrost Schutte, Chief Magistrate of Pretoria, and Mr. Hendrik +Schoeman, one of the most prominent commandants in the Transvaal and +a near relation of the President. Needless to say, all are members of +the Kruger family party, and were most prominent supporters of his +Honour at the time of the 1893 election. They claim that they were +definitely promised a concession for the bewaarplaatsen as a reward +for their services in this election. The precedent quoted on +behalf of the companies in support of their claim is that of the +brickmaker's license under the Gold Law. Brickmakers have privileges +under their license similar to those granted with bewaarplaatsen, but +in their case it is provided that should gold be discovered or be +believed to exist in the areas granted under their licenses, the +holder of the license shall have the right to convert his area into +<a id="pg.095"></a>mining claims on complying with the ordinary provisions of the Gold +Law. The companies urged that this reveals the intention of the law, +and that such a condition was omitted in connection with +bewaarplaatsen simply and solely through oversight, and because at +that time it never occurred to anyone to suppose that the +gold-bearing deposits would shelve off and be accessible at such +great distances from the outcrop as where the bewaarplaatsen are +located. The companies moreover pointed out that these areas were in +every case located in the middle of property held under mining +licenses, that they themselves owned the surface of the property and +therefore no one else could work on them, that the areas were in +themselves too small and too irregular in shape to be worked +independently of the surrounding ground, and that the granting of +them to others could not be justified by any right on the part of +applicants, and would merely be placing in their hands the means of +imposing on the owners of the surfaces and the adjacent claims an +excessive purchase price or the alternative of being blocked in the +development of their own ground. After the Second Raad had decided in +principle in favour of the surface-holders, action was taken by the +First Raad, and a change of front was effected by a measure +alteration, which hung the question up for another year. Everyone +realized that this was secured by the influence of the President in +the first place and by the pliability of Raad members in the second, +on the ground that the matter was too profitable to them personally +to be disposed of until it became absolutely compulsory.<a href="#fn.14" class="fnmark">{14}</a></p> + +<p><a id="pg.096"></a>One of the first concessions granted by the Boer Government after the +restoration of the country to them was the liquor monopoly. Under +this grant a factory established within a few miles of Pretoria has +the sole right to distil spirits. Time and very considerable +experience are in all countries necessary for the manufacture of good +liquor, and the natural conditions are not more favourable to the +industry in the Transvaal than elsewhere, consequently the product is +not regarded with great favour. The enterprise, however, is a very +prosperous one, being dependent almost entirely upon the sale of +liquor to natives. For a number of years representations were made by +the Chamber of Mines on behalf of the industry, by individuals and by +public petitions, with the object of controlling the liquor trade and +properly enforcing the laws which already existed. The following +terse summary of the evils resulting from this sale of liquor is +taken from the report of the Chamber of Mines for 1895. Unfortunately +the remarks apply equally well to-day:</p> + +<div class="quoted"> + +<p>There is, indeed, no doubt that one of the greatest difficulties with +which local employers have to deal is the question of the liquor +trade. In very many cases the liquor supplied to the natives is of +the vilest quality, quickly inflaming those who take it to madness, +and causing the <a id="pg.097"></a>faction fights which sometimes have fatal results, +and always lead to the, at any rate, temporary disablement of some of +the combatants, and the damaging of property. Accidents, too, are +often attributable to the effects of drink, and altogether, as stated +in the resolutions, a large percentage of the deaths among the +natives here is directly due to drink. In its bearing on the labour +question, drink also plays an important part. The shortness in the +supply, as compared with the demand for labour, has been accentuated +by it. Where possible more natives are kept in the compounds than are +actually required for the work to be done, to make allowance for +those who are disabled by drink.</p> +</div> + +<p>The granting of licenses to liquor houses was carried to such an +extreme that at last the entire community rose against it, and the +expression of opinion was so strong that the Government was compelled +to make a show of deferring to it. Involved in the liquor question +was the matter of police, and arising out of this, again, was the +question of dealing with crime in general, including the gold and +amalgam stealing that was known to be carried on on a considerable +scale at the expense of the companies.</p> + +<p>The Attorney-General, or State Attorney, as he is called in the +Transvaal, is the responsible head of the Law Department, and until +lately was the departmental head of the police. The gentleman then +occupying the position of State Attorney was peculiarly unfit—in the +midst of that world of unfitness—for the duties which he was +supposed to perform. He was removed from office, and after +considerable negotiation Mr. Esselen was prevailed upon at a great +monetary sacrifice to accept the position of State Attorney, he +stipulating that he should have a free hand in reorganizing the +detective and police forces. During the months in which Mr. Esselen +continued in office admirable reforms were introduced, and a very +appreciable influence was exercised on the condition of affairs in +Johannesburg. It is inadvisable to state explicitly the nature of the +objections which existed against some of the officials employed under +the former <i>régime</i>; it is sufficient that they were proved to be +participators in the offences which they were specially employed to +suppress. Mr. Esselen's first step was to appoint as chief detective +an officer borrowed from the Cape Colonial Government, Mr. Andrew +Trimble, who in a very little while showed that courage and honesty +of purpose could not only effect <a id="pg.098"></a>considerable reforms, but could +provoke the undisguised and fierce hostility of a very large section +of the community. The canteen keepers were up in arms; the illicit +gold buyers left no stone unturned; the hangers-on of the Government +lost no opportunity in their campaign against Mr. Esselen and his +subordinate and their reforms. The liveliest satisfaction however was +expressed by all those whose interest it was to have matters +conducted decently and honestly, and who had no interest in crime +except so far as its suppression was concerned. Representation was +secured for the Chamber of Mines upon one of the licensing bodies, +and here, too, a very appreciable result followed. During Mr. +Esselen's term of office all went well as far as the public were +concerned, but influences were soon at work to undermine the two +reforming officials. It was represented to the President that Mr. +Trimble had once been in the British army; that he was even then a +subject of the Queen, and entitled to a pension from the Cape +Government. The canteen interest on the goldfields, playing upon the +prejudices of the Boers, represented that this was unfitting the +dignity of the Republic. The President, who was too shrewd to be +caught with such chaff, was perfectly ready to support them for the +sake of the liquor interest, which for him constitutes a very useful +electioneering and political agency throughout the country. Mr. +Esselen was sent for, and it was represented to him by the President +that the employment of a British subject in such a responsible office +as that of chief detective was repugnant to the burghers. The reply +was that it was competent for the Executive to naturalize Mr. Trimble +at once and so remove the objection, the Government having power in +special cases to dispense with the conditions of the Naturalization +Law—a power frequently exercised in the case of their Hollander +friends. The President, in reply, stated that it could not be done, +and he appealed to Mr. Esselen to select a man of another +nationality—'a Frenchman, German, or even an American'—this last +being a concession wrung from him by Mr. Esselen's soothing +suggestion that the Chief of Police should be familiar with the +language of the criminal classes. The hitch was maintained for some +months, but finally the <a id="pg.099"></a>influences on the side of the President +became too strong, and when it became clear that the many months +of laborious work and self-sacrifice which had been given in the +interests of reform were to be nullified by the appointment of a +creature who would connive at every breach of the law, Mr. Esselen +decided to stand or fall by his subordinate, the result being a +triumph for the President.</p> + +<p>In Mr. Esselen's place there was appointed as State Attorney Dr. +Coster, a Hollander, who however declined to have anything to do with +the organization of the police; and in Mr. Trimble's stead reappeared +the individual whom he had superseded and whose services had been +dispensed with.<a href="#fn.15" class="fnmark">{15}</a> The triumph of the back-door influences was again +complete and the blow was a very nasty one to the mining industry.</p> + +<p>Small wonder that at about this time the Uitlander community stopped +all agitation, and that a mood of sullen opposition and discontent +took its place. Hope was absolutely dead as abuse after abuse and +scandal after scandal were showered upon them during the Session of +1895. Some of the acts of the Volksraad cut at the foundation of all +security. In the early days of the Republic the Volksraad members had +taken it upon themselves to reverse several of the decisions of the +High Court, and in one case where the Government was being sued for +the fulfilment of a contract the Volksraad had passed a resolution +absolving the Government from certain terms of the contract. The +decision of the Court, delivered by Chief Justice Kotzé, was to the +effect that if the Volksraad should take a decision in conflict with +an existing law, that law became <i>ipso facto</i> so far modified. In +another case (the Dom's case) a resolution was passed disabling the +aggrieved individual from taking action against the Government; in +another, where the responsibility of the Government for the +maintenance of roads had been indicated by a judgment for Ł1,000 +damages, a law was passed in defiance of the conditions of the +Grondwet, which stipulates for a period of notice and publication for +proposed <a id="pg.100"></a>enactments, absolving the Government from all damages of +this nature.</p> + +<p>More than once laws were passed with retroactive effect—truly one of +the grossest abuses possible for a civilized Government. But perhaps +the most startling case of all was that concerning the proclamation +of the farm Witfontein. This farm had been proclaimed a public +digging open for pegging on a certain hour of a certain day. An +unprecedented rush of peggers took place. The Government, fearing a +riot and ignoring their obvious duty in the matter of police +protection and the maintenance of order, issued an illegal notice +withdrawing the proclamation, and decided to give out the claims by +means of lottery. Numbers of prospectors pegged out claims +notwithstanding this, and the prospect of legal difficulties being +imminent the Government submitted a measure to the Volksraad, passed +also in defiance of Grondwet provisions, which was broadly to the +effect that all persons who considered that they had claims for +damages against the Government in regard to the farm Witfontein and +the proclamation thereof, had none, and that the Government was +absolved from all liability in this respect. This enactment was only +passed after several persons had signified their intention to sue the +Government. The Raad was in fact becoming familiar with the process +of tampering with the Grondwet and members appeared ready to act on +the dictates of their own sweet will without regard to consequences +or laws.</p> + +<p>On several occasions the President and Executive had treated with +contempt the decisions of the High Court, and had practically and +publicly reversed them. There are many instances which it is not +necessary to quote but among the best-known and most instructive ones +are the two cases known as the 'Rachmann' and 'April' cases. Rachmann +was an Indian and a British subject, well educated, far better +educated indeed than the Boer of the country. In following a strayed +horse he had trespassed on the farm of one of the members of the +First Raad. He was arrested and charged with intent to steal, tried +by the owner's brother, who was a Field-cornet (district justice), +and sentenced to receive twenty-five lashes and to pay a fine, the +same sentence being meted <a id="pg.101"></a>out to his Hottentot servant who +accompanied him. Rachmann protested and noted an appeal, stating +(which was the fact) that it was not within the power of a +Field-cornet to inflict lashes, and at the same time he offered +security to the value of Ł40 pending the appeal. His protests were +disregarded and he was flogged. Not being a native in the sense in +which the law uses the term—<i>i.e.</i>, a member of the aboriginal +races—he could plead that he was not within the jurisdiction of a +Field-cornet, and there is no doubt that the punishment was inflicted +with full knowledge of its illegality. Rachmann sued Mr. George +Meyer, the Field-cornet in question, in the Circuit Court and +obtained judgment and a considerable sum in damages, the presiding +judge, Dr. Jorissen, animadverting with severity upon the conduct of +the official. Meyer shortly afterwards obtained from Government the +amount of his pecuniary loss through the affair, the President +stating that he had acted in his official capacity and that they +should protect him.</p> + +<p>The 'April' case was one in which an unfortunate native named April, +having worked for a number of years for a farmer on promise of +certain payment in cattle and having completed his term, applied for +payment and a permit to travel through the district. On some trivial +pretext this was refused him, his cattle were seized, and himself and +his wives and children forcibly retained in the service of the Boer. +He appealed to the nearest official, Field-cornet Prinsloo, who acted +in a particularly barbarous and unjustifiable manner, so that the +Chief Justice before whom the case was heard (when April having +enlisted the sympathy of some white people was enabled to make an +appeal) characterized Prinsloo's conduct as brutal in the extreme and +a flagrant abuse of power perpetrated with the aim of establishing +slavery. Judgment was given against Prinsloo with all costs. Within a +few days of this decision being arrived at the President addressing a +meeting of burghers publicly announced that the Government had +reimbursed Prinsloo, adding, 'Notwithstanding the judgment of the +High Court, we consider Prinsloo to have been right.'</p> + +<p>Actions of this kind have a distinct and very evil influence upon the +supply of native labour. No attempt is made to <a id="pg.102"></a>supply the industry +with natives, or to protect the natives whilst on their way to and +from the mines. The position became so bad that the Chamber of Mines +instituted a department with a highly-paid official at its head to +organize supply. It would inadequately describe the position to say +that the Government have rendered the Chamber of Mines no assistance. +Indeed, it appears as though the officials in the country had of set +purpose hindered in every way possible the work so necessary to +the working of the industry on profitable lines. Agencies were +established in all the neighbouring territories. Some of the tribes +declined to work in the Transvaal on account of the risks of +highway-robbery and personal violence which they ran <i>en route</i>. +In one case an effort was made by certain mine-owners to meet the +difficulty by importing a whole tribe—men, women, and children—from +Basutoland and locating them upon an adjacent farm. There is however +a law known as the Plakkerswet, or Squatters' Law, which, framed +with that peculiar cunning for which the Transvaal Government +have achieved a reputation, has the appearance of aiming at the +improvement of the native labour supply whilst in effect it does the +opposite. It provides that not more than five families may reside +upon one farm, the 'family' being an adult male with or without women +and children. Ostensibly the law purports to prevent the squatting +together of natives in large numbers and in idleness. As a matter of +fact however the law is not applied in the cases of Boer farmers. +From the President downwards the Boers own farms on which hundreds +of families are allowed to remain, paying their hut-taxes and +contributing largely to the prosperity of the land-owner. In the case +of the Uitlander however there seems to be a principle at stake, as +the mine-owners above referred to found to their cost. No sooner had +they located their tribe and provided them with all the conditions +necessary to comfort than an official came down to them, Plakkerswet +in hand, and removed all except the five allowed by law and +distributed them among his friends and relations. The experiment has +not been repeated.</p> + +<p>Early in 1894 the Chamber of Mines received assurances from the +Government that if they would prepare a Pass Law which would include +provisions for the protection of natives, <a id="pg.103"></a>for the regulation of +their relations with employers, and for their right to travel within +the country, the Government would give their support to the measure +and would endeavour to have it adopted by the Volksraad. The +Commissioner for Native Affairs, General Joubert, admitted his +inability to deal with so complex an affair, and gratefully accepted +the aid of the Chamber. Such a concession on the part of the +Government was regarded as highly satisfactory; the law was prepared, +everything was explained and agreed to, the support of the Government +was promised to the draft law, and it was anticipated that it would +come into force during the Session of 1894. Such was not the case. It +remained pigeon-holed throughout 1894 and 1895, and in the last days +of the latter Session the law was passed; but an important omission +occurred. The Government forgot to create the department to carry out +the law, so that by the end of 1895 the men were no nearer having a +workable law than ever. But reforms when introduced by the Transvaal +Government, are not usually without an object, although not +necessarily the declared one. An opportunity was here presented to +the President to recognize past services, and he appointed to an +office which required the highest intelligence experience character +and zeal an individual who had been implicated in two disgraceful +charges and who, having failed to clear himself had been dismissed +his office by the Boer Government not two years previously. There was +but one explanation forthcoming. The individual in question was a +political supporter of the President and brother of a member of the +Executive Council. No department has yet been created; but a chief +has been appointed at a good salary, and the Pass Law has been +proclaimed in one district of the Witwatersrand out of several; so +that a measure which was designed to effect an immense saving in +expense and convenience to the mining industry was by the appointment +of an improper man and the neglect to organize a department rendered +quite useless, and by partial promulgation it was made even +detrimental.<a href="#fn.16" class="fnmark">{16}</a></p> + +<p><a id="pg.104"></a>It has been aptly said of the Boers—and the present instance +illustrates the truth of the remark—that reform with them seems to +be impossible; because, in the first place, they do not know what to +do; in the second place, if they did, they have not got the men to do +it; and, in the third place, if they had the men, they show no +conception of a duty higher than that of utilizing every opportunity +for personal advantage.<a href="#fn.17" class="fnmark">{17}</a> <a id="pg.105"></a>To the uninitiated it may well be a +puzzle that President Kruger should encourage a system aiming so +directly at the strangling of an industry which is the mainstay of +the country; but in order to appreciate his motives it is necessary +to see things from his point of view. He and his party are not +desirous of cheapening the cost of production. He does not aim at +enabling the ever-increasing alien population to work lower-grade +mines, and so double or treble the number of immigrants, even though +it should profit the revenue of the country. A proposal was once made +to proclaim as a public field the town lands of Pretoria—that is to +say, to enable the public to prospect, and if results warranted, +to open up mines on the lands—some thousands of acres in +extent—surrounding the town. The President attended the debate in +the Second Raad and violently opposed the measure. The appeal at the +end of his address is perhaps as instructive as anything Mr. Kruger +has said. 'Stop and think what you are doing,' he exclaimed, 'before +you throw fresh fields open. Look at Johannesburg. See what a trouble +and expense it is to us. We have enough gold and enough gold-seekers +in the country already. For all you know there may be another +Witwatersrand at your very feet.'</p> + +<p>In January, 1891, the average wage for native labourers was Ł2 2s. +per head per month. In 1893 it had risen to Ł2 18s. 10d., in 1895 to +Ł3 3s. 6d. In other South African States wages rule from 15s. to 30s. +per month, and the failure to facilitate the introduction of natives +from outside and to protect them is largely responsible for the high +figures paid on the Rand. Unquestionably the ill-will of the Boer +Government is to blame for the consistent neglect of this growing +need of the mines. If decent protection and facilities were given, +the wage could be reduced to Ł1 15s. per month. The Government has it +in its power to give the mines labour at this price, but, as a matter +of fact, there is no desire to see the lower-grade mines working. A +reduction of Ł1 a month—that is, to Ł2 3s. 6d.—would mean an +annual saving of Ł650,000, and the main reason why nothing has been +done to obtain this reduction is that President Kruger holds that the +gold fields are already big enough and that their further extension +would be a calamity.</p> + +<p><a id="pg.106"></a>Early in 1895 considerable suspicion and uneasiness were +aroused by indications of the growth of the German policy. The +commercial section of the community was disturbed by reports of +secret arrangements favouring German importers. Facilities were +given, and 'through rates' quoted from Hamburg to Johannesburg at a +reduction which appeared to be greater than any economies in sea +transport, coupled with the complete elimination of agency charges, +would warrant. The formal opening of the Delagoa Bay Railway by the +President furnished him with an opportunity to express with +significant emphasis his friendliness for all things German. At a +banquet given in honour of the German Emperor's birthday, January 27, +1895, the President, after eulogizing the old Emperor William, the +present Emperor, and the loyalty of the Germans in the Transvaal, +continued:</p> + +<div class="quoted"> + +<p>The latter I experienced once again at the time of the Kaffir War. +One day three or four Germans came to me and said: 'We are indeed not +naturalized, and are still subjects of our Emperor in Germany, but we +enjoy the advantages of this country, and are ready to defend it in +accordance with its laws. If your Excellency requires our services, +we are willing to march out.' And they marched. That is the spirit +which I admire. They were under the laws, they worked under the laws, +they obeyed the laws, and they fell in war under the laws. All my +subjects are not so minded. The English, for instance, although they +behave themselves properly and are loyal to the State, always fall +back upon England when it suits their purpose. Therefore I shall ever +promote the interests of Germany, though it be but with the resources +of a child, such as my land is considered. This child is now being +trodden upon by one great Power, and the natural consequence is that +it seeks protection from another. The time has come to knit ties of +the closest friendship between Germany and the South African +Republic—ties such as are natural between father and child.</p> +</div> + +<p>The very considerable increase in the number of Germans, and the +positive statement that a great many men of military training were +coming out for service in the Transvaal, that officers were being +employed to work up the artillery and to design forts, all tended to +increase the feeling of intense dissatisfaction and uneasiness which +culminated in the outbreak at the close of the year. Dr. Leyds, it +was well known, went on a political mission to Lisbon and to Berlin, +and it was stated that large sums had been withdrawn from the +Treasury and charged to the secret service fund, the handling +of which was entrusted to this gentleman. Dr. Leyds' personal +<a id="pg.107"></a>popularity, never very great, was at the lowest possible ebb. He was +regarded as the incarnation of Hollanderism—the 'head and front' of +that detested influence. It was not credited to him in the Transvaal, +as it has been elsewhere, that he designed or prompted the policy +against the Uitlanders. There it is fully appreciated that there is +but one man in it, and that man President Kruger. Dr. Leyds and +others may be and are clever and willing tools. They may lend acidity +or offensiveness to a hostile despatch, they may add a twist or two +to a tortuous policy, but the policy is President Kruger's own, the +methods are his own, all but the minor details. Much as the +Hollander-German clique may profit by their alliance with Mr. Kruger, +it is not to be believed that he is deceived. He regards them as +handy instruments and ready agents. If they profit by the +association, they do so at the expense of the accursed Uitlander; but +there is no intention on Mr. Kruger's part to allow Germany or +Holland to secure a permanent hold over the Republic, any more than +he would allow England to increase hers. He has played off one +against another with consummate skill.</p> + +<p>Early in his official career Dr. Leyds was guilty of an indiscretion +such as few would have suspected him of. Shortly after his +appointment as Attorney-General he wrote to a friend in Holland, +giving his opinion of the Members of the Executive. His judgment was +sound; except of one man. Unfortunately for Dr. Leyds, he quarrelled +with his correspondent; and the letter was of such a nature that, +when published, it made extremely unpleasant reading. Generals +Joubert and Smit, who had been described with admirable truth and +candour, were so enraged that they demanded the instant dismissal of +the 'conceited young popinjay' who had dared to criticise his +masters. The President, however, who had been described as an +ignorant, narrow-minded, pig-headed, and irascible old Boer +whom—with the others thrown in—the writer could play with and twist +round his finger as he chose, was not disturbed by the criticism. In +reply to appeals for forgiveness on the score of youth, and in spite +of the opposition of his colleagues, President Kruger agreed to +retain Dr. Leyds in office, remarking that he was a capable young +fellow and would <a id="pg.108"></a>know better in course of time, and explaining to +him personally that he would keep him there just as long as it suited +his (the President's) convenience. The association has lasted for ten +years, so it is to be presumed that Dr. Leyds has changed his opinion +of President Kruger, and frankly realized his position.</p> + +<p>During the early part of 1896, when the question of the release on +bail of the reform prisoners seemed to be of some moment, a +well-known Pretoria man, friendly to the Government, called upon +President Kruger and urged the advisability of allowing the prisoners +out on bail, and with considerable lack of tact explained that it was +well known that the President's humane nature inclined him to be +lenient, but that the malign influence of others was believed to be +swaying him in this matter. The old President jumped up in a huff and +said, 'Ja, ja, ja! You always say it is somebody else! First, it was +Jorissen who did everything; then it was Nellmapius; and then it was +Leyds. Well, Jorissen is done for; Nellmapius is dead; Leyds is in +Europe—who is it now?'</p> + +<p>The President's opinion of himself may be commended as food for +reflection to those who think they know everything about the inner +workings of the Transvaal.</p> + +<p>Dr. Leyds' reputation, unfavourable as it had been, was not improved +by the Selati Railway exposure. Rightly or wrongly, in this matter, +as in the jobs of the Netherlands Railway and several others of +considerable magnitude, he has been held responsible in the public +mind for the financial loss which the Republic sustained. When he +left, ostensibly on a recruiting trip, few—very few—believed that +the illness was a physical one. It is alleged that a gentleman +on President Faure's staff, on hearing that Dr. Leyds had gone +to Berlin to consult a physician, inquired what the ailment was? +'Mal de gorge,' was the reply. 'Ah,' said the officer, 'mal de +gorge—diplomatique.' And that was the opinion in the Transvaal, +albeit differently expressed.</p> + +<p>It is impossible within the limits of this volume nor is it at all +necessary to review all the measures which have been passed by the +Volksraad and pressed by the Government unnecessarily burdening the +Uitlanders and unjustifiably <a id="pg.109"></a>assailing their rights; such for +instance as the Election Law, which made it a crime to form +Committees or do any of those things which are regarded everywhere as +part of the legitimate business of elections—thus leaving Mr. Kruger +the sole master of electioneering machinery, namely, the Government +officials. The Public Meetings Act was another monstrous infringement +of rights. By it a policeman has the right to disperse any gathering +of more than seven persons, if in his opinion it be desirable. +Imagine it! Liberty of Speech against the Discretion of a Transvaal +policeman! But the list would be long, and the tale monotonous. And +as long and equally monotonous would be the list of the measures +proposed or threatened, but fortunately not carried. However, the +review of the period prior to 1896, and the statement of the causes +leading to the outbreak, may fitly be brought to a close by the +recital of some of the measures under both the above headings which +grace the records of the Session of 1895.</p> + +<p>As is well known, the Grondwet (the written constitution of the +country) prescribes certain formalities for the introduction of new +laws. In order to evade the law, and so avoid hostile criticism of +proposed measures, in order, in fact, to prevent the public and even +the Volksraad members from knowing and studying or explaining and +digesting the intended legislation, it has become the practice of the +Government to propose and rush through the most radical and important +enactments in the form of amendments or explanations of existing +laws. Prior to 1895 the Transfer Law imposed a tax of 4 per cent. +upon the purchase-price of fixed property; and in the case of sales +for shares a valuation of the property was made by the Government +district officials, and transfer duty was paid on the amount of the +valuation. This was universally done in the case of claims, which +must of necessity in most instances be transferred several times +before they become registered in the name of the company eventually +working them. It was admitted that to pay 4 per cent. of full value +on every transfer, or to pay 4 per cent. on the nominal value of +ground on which years of work would have to be done and large sums of +money expended before shareholders could reap one pennyworth of +profit would be <a id="pg.110"></a>iniquitous. In 1895, however, the Raad thought +otherwise, and amended the law by the insertion of the words 'in cash +or shares' after the words 'purchase-price.' The result is, that +owners who have acquired claims at great cost, who have paid licenses +continuously on their claims, and who have paid full transfer duty on +each nominal change of ownership, necessary to consolidation into +workable blocks or groups, are now required to pay again in cash 4 +per cent. on the total capital allotted in respect of these claims in +the company formed to work them. Members of the Raad, in supporting +this measure, did not hesitate to argue that it was a good law, +because the burghers did not sell their farms for shares, but for +cash, and it was right to tax those people who deal in shares.</p> + +<p>The sense of insecurity which obtains during the Sessions of the Raad +is due scarcely less to the threats which are not fulfilled and +attempts which do not succeed, than to what is actually compassed. A +direct tax on gold has more than once been threatened; concessions +for cyanide, jam, bread, biscuits, and woollen fabrics were all +attempted. The revival of an obsolete provision by which the +Government can claim a royalty on the gold from 'mynpachts,' or +mining leases, has been promised, and it is almost as much expected +as it is dreaded.</p> + +<p>With a monotony which is wearying, but which does not diminish the +unfortunate Uitlanders' interest in the subject, the burden of every +measure falls on the alien. One more instance will suffice. It +illustrates the Hollander-Boer genius for fulfilling the letter and +breaking the spirit of a covenant. It was notified that Government +were about to introduce a war tax, and that this tax was to be one of +Ł20 per farm, to be levied in event of war if in the opinion of the +Government it should be necessary. Much surprise was felt that +anything so unfavourable to the Boers as a tax on farms should be +proposed. When the measure came on for discussion it was found to +contain provisions exempting the owner who personally resided on his +farm, and especially and definitely taxing those farms which are +owned by companies, associations, corporations, or partnerships. The +Boer, it is well known, takes no shares in companies, joins no +associations, <a id="pg.111"></a>and has partnership with no one. This law was shelved +in 1895, but has since been passed.<a href="#fn.18" class="fnmark">{18}</a> It is of a piece with the +rest. Having sold his farm to the Uitlander, the Boer now proceeds +to plunder him: and 'plunder' is not too strong a word when it is +realized that the tax falls, not on the really valuable farms of the +high veld, which are nearly all owned by individuals, and are all +occupied, but on the undeveloped outlying farms, the rentable value +of which would not on the average suffice to pay the tax! Indeed, one +very large land-owner stated to the Government at the time, that if +this law were passed and put in force, they might take all his +rentals good and bad in lieu of the tax, as it would pay him better!</p> + +<p>These were matters which more immediately concerned persons of +certain means. There is another matter, however, which very directly +concerned every individual who had any intention of remaining in the +country; that is, the matter of education. A dead set had always been +made by the Transvaal Government against any encouragement of liberal +education which would involve the use or even recognition of the +English language. Indeed, some of the legislators have been known to +express the opinion that education was not by any means desirable, as +it taught the rising generation to look with contempt on the hardy +Voortrekkers; and an interesting debate is on record, in which +members pointedly opposed the granting of facilities for the +education of their own women-kind, on the ground that presently the +women would be found reading books and newspapers instead of doing +their work, and would soon get to know more than their fathers, +husbands, and brothers, and would, as a consequence, quickly get out +of hand. It did not seem to occur to these worthy gentlemen that the +proper course would be to educate the men. But it would not be fair +to take this view as the representative one. On the point of the +English language, however, and the refusal to give any facilities for +the education of Uitlander children, the Boer legislature is +practically unanimous. The appalling consequences of allowing the +young population to grow up in absolute ignorance were realized by +the people of Johannesburg, and efforts were <a id="pg.112"></a>constantly made to +induce the Government to recognize the evil that was growing in the +State. The efforts were so entirely unsuccessful that the Uitlanders +found in this as in other cases that nothing would be done unless +they did it for themselves. A fund was opened, to which very liberal +donations were made. The services of a Director-General were secured, +and an Educational Council was elected. A comprehensive scheme of +education—in the first place for the Rand district, but intended to +be extended ultimately for the benefit of the whole of the Uitlander +population in the Transvaal—was devised, and it was calculated that +in the course of a few years a fund of close upon half a million of +money would be required, and would be raised, in order to place +educational facilities within the reach of the people. Needless to +say, this did not at all square with the policy of the Transvaal +Government, and the scheme was looked upon with the utmost disfavour. +In order to defeat it, the Superintendent-General of Education, Dr. +Mansvelt, a Hollander, who for six years had degraded his high office +to the level of a political engine, felt himself called upon to do +something—something to trail the red herring across the too hot +scent; and he intimated that more liberal measures would be +introduced during the Session of 1895, and in his report proposed +certain amendments to the existing law, which would (in appearance, +but, alas! not in fact) improve the condition of the Uitlander. The +following letter appearing in the London <i>Times</i>, on October 3, 1896, +although dealing with a period some months later than that under +review, explains the position with authority and clearness—a +position which has not been materially altered, except for the worse, +during Dr. Mansvelt's <i>régime</i>. It will be noted that the last-named +gentleman coupled with his 'liberal' provisions the suggestion that +all schools, except those of the State, should be suppressed. Such a +suggestion reveals very clearly the aim of this 'Reform' measure.</p> + +<div class="quoted"> +<div class="salutation">SIR,</div> + +<p>I trust you will allow me a little space with a view to enable me to +correct, by the application of a little wholesome fact, the erroneous +impression which has been created in England with reference to the +education of Uitlanders in the Transvaal by recent crude and +ill-considered expressions of opinion, notably by Mr. Reginald +Statham and Mr. Chamberlain.</p> + +<p><a id="pg.113"></a>Mr. ----, in a letter addressed to one of your contemporaries, +informed the British public that in view of a liberal Government +grant of Ł4 per head per annum, the Transvaal Uitlander had nothing +to complain of in respect to education. As Mr. ---- claims to be +completely informed on Transvaal politics, he can only have been +guilty of a deliberate, if not malicious <i>suppressio veri</i> when he +omitted to say that, like most of the legislation of this country, +which has for its ostensible object the amelioration of the condition +of the Uitlander, this measure, which looks like munificence at first +sight, has been rendered practically inoperative by the conditions +which hedge it round. Take, for example, a school of 100 children. +Strike out ten as being under age, ten as having been too short a +time at school, twenty as suspected of being of Dutch parentage. Out +of the sixty that remain suppose fifty satisfy the inspector in the +Dutch language and history, and you have as your allowance for the +year Ł200—a sum which is insufficient to pay the Dutch teacher +employed to bring the children up to the required standard in that +language. It is small wonder, then, that most teachers prefer to +dispense with this Will-o'-the-wisp grant altogether, seeing that the +efforts of some to earn it have resulted in pecuniary loss. The +actual sum expended on Uitlander schools last year amounted to Ł650, +or 1s. 10d. a head out of a total expenditure for education of +Ł63,000, the expenditure per Dutch child amounting to Ł8 6s. 1d.</p> + +<p>Mr. Chamberlain considers the new educational law for Johannesburg as +a subject for gratulation. I should have thought that his recent +dealings with Pretoria would have suggested to him as a statesman +that felicitations upon the passing of a vague and absolutely +undefined measure might possibly be a little too premature. A +Volksraad, which only rejected the forcible closing of private +schools by a majority of two votes, is hardly likely to give the +Executive <i>carte blanche</i> to deal with Uitlander education without +some understanding, tacit or declared, as to how this power is to be +wielded. Be that as it may, nearly two months have elapsed since the +passing of a measure which was to come into operation at once, and +nothing has been done. In the meantime, we can learn from the +inspired press and other sources that English schools which desire +aid under the new law must be prepared to give instruction in +Standard V. and upwards, and entirely in the Dutch language. So far, +the Superintendent of Education, whether acting under instructions or +on his own initiative, has been absolutely immovable on this point, +and the much-vaunted law promises to be as much a dead letter as the +1s. 10d. grant. The Johannesburg Council of Education has exerted its +influence to secure such an interpretation of the new law as would +lead to the establishment of schools where Dutch and English children +might sit side by side, and so work towards establishing a bond of +sympathy and the eventual blending of the races. The Pretoria +authorities however refuse to entertain the idea of meeting the +Uitlander in a conciliatory spirit on anything like equal terms, but +will only treat with us on the footing of master and servant. A +curious and almost inexplicable feature of the situation is the fact +that hundreds of Boers are clamouring for the better instruction of +their children in English, but which is steadfastly refused them.</p> + +<p>I might enlarge on what I have written, and point out the injustice +and the gross system of extortion practised by the Government in +making Johannesburg pay something like Ł7 per head for the education +of Dutch children, whilst it has to pay from Ł5 to Ł15 per annum +<a id="pg.114"></a>for the education of each child of its own, meanwhile leaving +hundreds growing up in the blackest ignorance and crime. Any comment +would, however, lay me open to the charge of bias and partisanship, +and I therefore confine myself to the simple statement of a few +facts, which I challenge anyone to controvert, leaving the reader to +draw his own conclusions.</p> + +<div class="closer"> + I am, sir, yours, etc.,<br /> + JOHN ROBINSON,<br /> + <i>Director-General Johannesburg<br /> + Educational Council.</i></div> +</div> + +<p>Imagine it! Ł650 used for the children of those who contributed +nine-tenths of the Ł63,000 spent on education!</p> + +<p>The succession of flagrant jobs, the revelation of abuses +unsuspected, the point-blank refusal to effect any reasonable reforms +had filled the Uitlanders' cup perilously full, and during the latter +half of 1895 the prospect of any change for the better, except at the +cost of fighting, was generally realized to be very poor indeed.</p> + +<p>Trouble came to South Africa with the end of 1895. It very nearly +came earlier. Mention has been made that the Netherlands Railway +Company practically dictates the relations of the Transvaal with the +other States in South Africa by means of its tariffs. The competition +between the Cape, Natal and Delagoa lines having become very keen, +and the Cape service by superior management and easier gradients +having secured the largest share of the carrying trade, attempts were +made to effect a different division of profits. Negotiations failed +to bring the various parties to terms, and owing to the policy of the +Netherlands Railway Company, the Cape Colony and Free State, whose +interests were common, were in spirit very hostile to the Transvaal, +and bitterly resentful of the policy whereby a foreign corporation +was aided to profit enormously to the detriment of the sister South +African States. After all that the Colonial and Free State Dutch had +done for their Transvaal brethren in days of stress and adversity, it +was felt to be base ingratitude to hinder their trade and tax their +products.</p> + +<p>The Cape Colony-Free State line ends at the Vaal River. Thence all +goods are carried over the Netherlands Railway Company's section to +Johannesburg, a distance of about fifty miles. In order to handicap +the southern line, an excessive rate was imposed for carriage on this +section. <a id="pg.115"></a>Even at the present time the tariff is 8-1/2d. per ton per +mile, as against a rate of about 3d. with which the other two lines +are favoured. Notwithstanding this, however, and the obstructions +placed in the way by obnoxious regulations and deliberate blocking +of the line with loaded trucks at Vereeniging, and also the blocking +of Johannesburg stations by non-delivery of goods—measures which +resulted sometimes in a delay of months in delivery, and sometimes in +the destruction or loss of the goods—the Southern line more than +held its own. The block was overcome by off-loading goods at the Vaal +River and transporting them to Johannesburg by mule and ox waggons.</p> + +<p>Mr. Kruger and his Hollander friends were almost beaten when the +President played his last card. He intimated his intention to close +the Vaal River drifts against over-sea goods, and, by thus preventing +the use of waggons, to force all traffic on to <i>his</i> railways upon +<i>his</i> terms; and as the threat did not bring the Colony and Free +State to the proper frame of mind, he closed them. This was a +flagrant breach of the London Convention, and as such it was reported +by the High Commissioner to Mr. Chamberlain, and imperial +intervention was asked. Mr. Chamberlain replied that it was a matter +most closely affecting the Colony, and he required, before dealing +with it, to have the assurance of the Colonial Government that, in +the event of war resulting, the cost of the campaign would be borne, +share and share alike, by the Imperial and Colonial Governments, and +that the latter would transport troops over their lines free of +charge. Such was the indignation in the Colony at the treatment +accorded it that the terms were at once agreed to—a truly +significant fact when it is realized that the Ministry undertaking +this responsibility had been put and was maintained in office by the +Dutch party, and included in its members the best and most pronounced +Africander representatives. But Mr. Kruger is not easily 'cornered.' +His unfailing instinct told him that business was meant when he +received Mr. Chamberlain's ultimatum to open the drifts. The +President 'climbed down' and opened them! He has several advantages +which other leaders of men have not, and among them is that of having +little or no pride. He will <a id="pg.116"></a>bluster and bluff and bully when +occasion seems to warrant it; but when his judgment warns him that +he has gone as far as he prudently can, he will alter his tactics as +promptly and dispassionately as one changes one's coat to suit the +varying conditions of the weather. Mr. Kruger climbed down! It did +not worry him, nor did he take shame that he had failed. He climbed +down, as he had done before in the Stellaland affair, the Banjailand +trek, the commandeering incident, and as he no doubt will do in +others; for he may bluff hard, but it will take a great deal to make +him fight. There is one matter upon which Mr. Kruger's judgment is +perfect: he can judge the 'breaking strain' to a nicety. He climbs +down, but he is not beaten; for as surely as the dammed stream will +seek its outlet, so surely will the old Dutchman pursue his settled +aim.</p> + +<p>War is war, and always bad; but sometimes worse; for the cause is +still a mighty factor, as those may see who contrast the probable +effects upon the people of South Africa of war on the drifts question +with the actual results of the Jameson raid.</p> + +<h4>Footnotes for Chapter II</h4> + +<p><span id="fn.04">{04}</span> Among the first notes which poor Colley—brave, wise, generous, +and unlucky—wrote after taking office, was one containing these +words: 'Whether I ... shall find that South Africa is to me, as it is +said to be in general, "the grave of all good reputations," remains +to be seen.'</p> + +<p><span id="fn.05">{05}</span> See <a href="#pg.369">Appendix A</a> for the full text of the Pretoria Convention.</p> + +<p><span id="fn.06">{06}</span> In February, 1898, he was elected for the fourth time.</p> + +<p><span id="fn.07">{07}</span> For full text of London Convention, see <a href="#pg.377">Appendix B</a>. (July, +1899). A very extensive correspondence has passed on the subject of +the suzerainty. The Transvaal Government now construe the omission of +the Preamble to the 1881 Convention as the result of an agreement to +abolish the suzerainty. Mr. Chamberlain points out that the London +Convention contains specific and not implied amendments of the +Pretoria Convention; that the direct request for abolition of the +suzerainty was refused by Lord Derby; that the preamble as the +fundamental declaration must be deemed to be in force; and that if +not, the same reason which is adduced against the continued existence +of the suzerainty would hold good against the independence of the +Transvaal, for in the preamble of the 1881 Convention alone is any +mention made of either the grant or the reservation.</p> + +<p><span id="fn.08">{08}</span> Written August, 1896.</p> + +<p><span id="fn.09">{09}</span> To those who are not familiar with the conditions of the +country, it will seem incredible that the legislative body could be +'fooled' on such a subject. The extracts from the newspaper reports +of the Raad's proceedings, printed in <a href="#pg.387">Appendix D</a> of this volume, will +help them to understand and believe.</p> + +<p><span id="fn.10">{10}</span> The above has been brought up to date for publication, +July, 1899.</p> + +<p><span id="fn.11">{11}</span> Except on the goldfields, where the appointments are made +by Government.</p> + +<p><span id="fn.12">{12}</span> For Volksraad records on this subject see <a href="#pg.385">Appendix C</a>.</p> + +<p><span id="fn.13">{13}</span> The decision of the High Court was given in November, 1896, in +favour of the combined companies on all points, and the patents were +thus declared to be invalid!</p> + +<p><span id="fn.14">{14}</span> During the session of '96 the Volksraad decided to put the +bewaarplaatsen up for public auction, the proceeds of the sale to be +divided equally between the Government and the original owners of the +farms on which the bewaarplaatsen had been granted. The <i>alleged</i> +reason for this decision is that the areas in question are immensely +valuable, and the State and the owners should profit by them, whilst +the companies should be afforded an opportunity of acquiring them at +a fair price. The <i>real</i> reason is that the companies had refused +to be blackmailed further; and the 'defence' funds not being +forthcoming, the gentlemen of the back-stairs had introduced the +ingenious arrangement safeguarding the original owners' rights, +having previously 'arranged' with the same owners. The excuse that +the areas are too valuable to be given away to the companies is as +illogical and ridiculous as the excuse that the Uitlanders are too +numerous to justify the granting of the franchise now. When the +questions were first raised there were neither great values nor large +numbers in existence. They were questions of principle and justice; +and the fact that 'values' and 'numbers' have grown during the years +of struggle in no way justifies the course taken, but rather shows +very clearly the magnitude of the injustice done during the years of +unjustifiable denial.</p> + +<p>This decision shows with admirable clearness how the Uitlander fares +at the hands of the Government. There were, in the last stage of the +affair, four parties concerned: the Government, who are by law +expressly debarred from selling claims (except in case of overdue +licenses), and are obliged to allot them for the consideration of +specified license fees only; the owners of the farms, who are +similarly debarred and are compensated in other ways for the throwing +open of their farms; the 'applicants,' who have been described +elsewhere; and the surface-owners, the mining companies, who were in +possession. Only one of these parties had the slenderest claim to +compensation—namely, the companies, who must inevitably be disturbed +in the possession of the surface by allowing others to work on or +under it. But they get nothing; whilst the Government and the 'owner' +(both of whom had years before derived the fullest profit allowed by +law from these areas in the form of licenses), and the 'applicants' +(who have allied themselves with the 'owners'), divide as +compensation the proceeds of the auction!</p> + +<p><span id="fn.15">{15}</span> (July, 1899.) This individual has been again removed—this +time by the present State Attorney, Mr. Smuts.</p> + +<p><span id="fn.16">{16}</span> (July, 1899.) Provision was made for the costs of this +department by doubling the pass fee. In the early days of +Johannesburg as soon as it became evident that hospital accommodation +was necessary, application was made to the Government for a site +(which was granted on the hill then outside the town), and for some +monetary assistance. A fund was also publicly subscribed and the +hospital built. For the maintenance of the hospital two plans were +adopted: one, the collection of funds once a year, <i>i.e.</i>, Hospital +Saturday, a source which has yielded steadily between Ł2,000 and +Ł3,000; two, having in view the immense number of native cases which +required treatment and the extent to which a native is responsible +for unsanitary conditions, it was proposed to impose upon them a fee +of 1s. per month for their passes, the proceeds of this to be devoted +entirely to the hospital. For several years this continued to yield +sufficient for the purpose. The Transvaal Government, although +accepting the plan proposed by the Uitlanders and for a considerable +time carrying it out faithfully, did not establish the right +permanently but adopted the formality of voting the proceeds of the +pass-fee year by year. There came a year when the Raad in its wisdom +decided that this source of revenue was too precarious for so worthy +an object as the hospital, and they decided to vote instead an annual +subsidy of Ł30,000. It was then known that the fees of the past year +had amounted to over Ł40,000 and there was every prospect of steady +annual increase. This explains why a seemingly generous subsidy by +the Government does not meet with that hearty recognition to which it +is apparently entitled. When a Pass Department was proposed, the +Government inquired how it was suggested to maintain it. The Chamber +of Mines proposed to raise the pass fee from 1s. to 2s. per month, +the extra shilling to be devoted entirely to the administration of +the Pass Law. With the experience of the hospital shilling in mind +particular care was taken to have the agreement minuted and confirmed +in writing. Nevertheless, it transpired in the evidence given at the +Industrial Commission that the department was being run at a cost of +slightly over Ł12,000 a year, whilst the proceeds of the shilling +reached the respectable total of Ł150,000 a year. The Government, +therefore, by a breach of agreement, make Ł138,000 a year out of the +pass fund, and Ł120,000 a year out of the hospital fund; and the +mining industry suffers in the meantime through maladministration in +the department, and are doubly taxed in the sense that the companies +have been obliged to establish and maintain at their own cost other +hospitals all along the reef. It is not suggested that the companies +should not provide hospitals, the point is that having established a +fund, which although nominally paid by the natives really has to be +made up to them in wages, they were entitled to the benefit of that +fund.</p> + +<p><span id="fn.17">{17}</span> The story is told of two up-country Boers who applied to the + +President for appointments, and received the reply, 'What <i>can</i> I +do for you? All the important offices are filled, and you are not +educated enough to be clerks!'</p> + +<p><span id="fn.18">{18}</span> (July, 1899.) The law has been declared by the law officers +of the Crown to be a breach of the London Convention.</p> + +<div class="sectionheader"> +<a id="pg.117"></a> +<h3>CHAPTER III.</h3> + +<h3>THE ORIGIN OF THE MOVEMENT.</h3> +</div> + +<p>Having failed in their constitutional attempts to secure a reasonable +voice in the government, or any redress of their grievances, there +came the time when men's thoughts naturally turned to the last +expedient—force. Up to and so late as the Volksraad Session of 1895 +a constitutional agitation for rights had been carried on by the +Transvaal National Union, a body representing the unenfranchised +portion of the population. Of its members but few belonged to the +class of wealthy mine and land owners: they had so far abstained from +taking any part in a political organization which was viewed with +dislike and suspicion by the Government and the great majority of the +Boers. It has been asserted by a few Progressive members of the Raad +that many of the Boers were themselves opposed to the policy adopted +towards the newcomers; but, whilst this may be to some extent true, +it is more than questionable whether any of the burghers were willing +to concede a share in the power of government, although it is certain +that great numbers would not have taken active steps against the +Uitlanders but for the invasion by a foreign force. Any extending of +the franchise means to the great majority of the Boers a +proportionate loss of independence.</p> + +<p>When the matter of the Independence of the Republic is discussed it +must not be forgotten that independence conveys something to the +Boers which is radically different from what it means to anyone else. +That the State should continue for ever to be independent and +prosperous—a true republic—would be mockery heaped on injury if the +absolute <a id="pg.118"></a>domination by the Boer party should cease; and when the +parrot-like cry of 'The Independence of the State is threatened' is +raised again and again <i>ŕ propos</i> of the most trivial measures and +incidents, this idea is the one that prompts it. Instances +innumerable could be quoted seemingly illustrating the Boer +legislators' inability to distinguish between simple measures of +reform and justice, and measures aimed at undermining the State's +stability and independence. It is not stupidity! It is that the Boer +realizes at least one of the inevitable consequences of reform—that +the ignorant and incapable must go under. Reform is the death-knell +of his oligarchy, and therefore a danger to the independence of the +State—as he sees it. Until the European people who have lately +become so deeply concerned in Transvaal affairs realize how widely +divergent are the two interpretations of 'Independence,' they will +not have begun to understand the Transvaal Question.</p> + +<p>The National Union did not represent any particular class in the +Uitlander community. It was formed of men drawn from all classes who +felt that the conditions of life were becoming intolerable, and that +something would have to be done by the community to bring about +reforms which the legislature showed no signs of voluntarily +introducing.</p> + +<p>When it is said that it consisted of men drawn from all classes, the +qualification should be made that the richer classes, that is to say, +the capitalists of the country, were very meagrely if at all +represented. Many efforts had been made to enlist the sympathies of +the capitalists, and to draw them into the movement, but the 'big +firms,' as they were styled, for a very long time refused to take any +part whatever, preferring to abstain entirely rather than associate +themselves with a definite agitation. They pleaded, and no doubt +fairly, that in case of failure they with their vested interests +would be the ones to suffer, while in the event of success they would +not benefit in a greater degree than the individuals who had little +or no material stake. One by one however they were drawn into the +political movement to the extent of supplying funds for carrying on +the reform agitation, or of giving monetary support to those who were +stimulating and organizing the Progressive party among the <a id="pg.119"></a>Boers. +There can be no doubt that prior to 1895 the wealthier men without +exception refused to consider the possibility of violent measures. +It was only when they realized that the Boer party were determinedly +hostile—organizing very large encroachments upon the privileges of +the Uitlanders and designing fresh burdens to be borne by them—and +when it became clear that the dangers threatening as a result of +their own supine attitude were worse than any disfavour with which +they might be viewed on account of political action, that they began +to take an active part with others in the agitation for reform. It +was not until the Volksraad in the Session of 1895 revealed their +real policy and their fixed determination to effect no reform that +men began to talk of the possibility of revolutionary measures +becoming necessary. The subject once mooted was frequently discussed, +and once discussed became familiar; and the thing which a few months +before had been regarded as out of the bounds of possibility came to +be looked upon as a very probable contingency. The extraordinary boom +in shares, land, and all kinds of property, which lasted throughout +the year, no doubt operated against the maturing of this feeling, but +it nevertheless continued to grow. The most dissatisfied section of +the Rand was, naturally enough, that one which included the South +African Uitlander. These men, born in South Africa, or having spent +the best years of their lives there, felt extremely bitter against +the Boer Government, and were moved by feelings which were not in any +way connected with considerations of material gain. With them were +closely associated men of all nationalities who had determined to +make their homes in the Transvaal, and these formed the class which +has been disparagingly referred to as 'the political element,' but +which the experience of every country shows to be the backbone of a +nation. They were in fact the men who meant to have a hand in the +future of South Africa. After them came the much larger class whose +interest in the reforms was based mainly upon the fact that they +suffered from the abuses and over-taxation of the Government.</p> + +<p>For several years a very strong feeling against the capitalists had +ruled in Johannesburg. Men who thoroughly <a id="pg.120"></a>knew the Boer had +prophesied and continued throughout to prophesy that absolutely +nothing would be done to improve the conditions, and that the +capitalists might as well throw in their lot with the general public +early in the day as be forced to do so later, after spending their +thousands in fruitless efforts for reform, and after committing +themselves to a policy which would be regarded as selfish, +pusillanimous, and foolish. The moneyed men no doubt occupied a very +prominent and powerful position. They were constantly besought by +the Reform leaders to side with them; they were looked to by the +Progressive Party in the Boer camp to aid reform by peaceful measures +only, to exercise all their influence towards preventing rash or +violent measures being taken by the more excited party, and to trust +to time and patience to achieve those results which they were all +honestly desirous of bringing about; and they were approached, as has +been stated, by the President and his party when moments of danger +arrived, and when it was felt that their influence could be used +towards the preservation of peace,—as witness the Loch incident.</p> + +<p>'It is no crime to be a capitalist,' said one commentator on the late +events, and neither is it necessary to attribute to this section of +the community motives of patriotism to justify their association with +the Reform movement. It is not intended to suggest that the men who +did associate themselves eventually with it were not moved by any +higher consideration than that of protecting their interests—in many +cases a far larger view than this was taken; but it may be +asked,—assuming that the capitalists were not moved by higher +considerations,—What is there in their position which should debar +them from endeavouring to introduce the reforms which would benefit +them only equally with every other honest man in the community?</p> + +<p>Most of the wealthy houses in the Transvaal are either offshoots of +or have supporting connections with firms in England or on the +Continent. Between them and their principals much correspondence had +taken place on the political situation. As far as these houses were +concerned, it was impossible for them to enter upon any movement +without the consent of their European associates. For this reason the +Reform <a id="pg.121"></a>movement, as it eventually took place, has in some ways +the appearance of and has very frequently been stigmatized as an +organization planned and promoted outside the Transvaal. The fact is +that Mr. Alfred Beit, of the firm of Wernher, Beit and Co., London, +and Mr. Cecil Rhodes, managing director of the Consolidated +Goldfields, may be regarded as the chiefs to whom the ultimate +decision as to whether it was necessary from the capitalistic point +of view to resort to extreme measures was necessarily left. Each of +these gentlemen controls in person and through his business +associates many millions of money invested in the Transvaal; each of +them was, of course, a heavy sufferer under the existing conditions +affecting the mining industry, and each, as a business man, must +have been desirous of reform in the administration. Mr. Beit acted +in concert with Mr. Lionel Phillips, of H. Eckstein and Co., the +Johannesburg representatives of Wernher, Beit and Co. Mr. Rhodes was +represented by his brother, Colonel Francis Rhodes, and Mr. J.H. +Hammond, of the Consolidated Goldfields Company in Johannesburg. Mr. +George Farrar, another very large mine-owner, who joined a little +later than the others, with the gentlemen above named, may be +considered to have represented the capitalist element in the earlier +stages of the Reform movement. The other elements were represented by +Mr. Charles Leonard, the chairman of the National Union, and one or +two other prominent members of that body.</p> + +<p>It is impossible to say with whom the idea of the movement, including +the arrangement with Dr. Jameson, originated. Perhaps it germinated +when Dr. Jameson read the life of Clive! Probably it was the result +of discussion, and no one man's idea. At any rate arms and ammunition +were purchased, and arrangements were made by which they should be +smuggled into the country concealed in machinery or gold-mining +appliances. During the month of November Messrs. Leonard and Phillips +went to Capetown to see Mr. Rhodes, in order to assure themselves +finally as to the course which was to be pursued. The position of Mr. +Rhodes in the matter was recognised by them to be a difficult one. +Whilst as the managing director of the Consolidated Goldfields he +had as much right as any other man interested in the Transvaal +<a id="pg.122"></a>would have to concern himself in a movement of this nature, his right +to act in his capacity of managing director of the Chartered Company +would depend entirely on the nature of the part which he professed +to play; but his position as Prime Minister of the Colony made the +already difficult position much more complicated. Realizing this, +Messrs. Leonard and Phillips acting on behalf of the others +determined to have a perfectly clear understanding and to ascertain +from Mr. Rhodes definitely what were his objects in associating +himself with the movement. The matter was discussed at Mr. Rhodes' +house, and the report given by the two deputies to their colleagues +on their return was that Mr. Rhodes frankly admitted that he had two +objects in view: one was to obtain an amelioration of the conditions +such as he was entitled to claim as representing an enormous amount +of capital invested in the Transvaal; the other object is best +described by Mr. Leonard. 'We read to him,' said that gentleman when +reporting to his comrades the result of his visit, 'the draft of our +declaration of rights. He was leaning against the mantelpiece smoking +a cigarette, and when it came to that part of the document in which +we refer to Free Trade in South African products he turned round +suddenly, and said: "That is what I want. That is all I ask of you. +The rest will come in time. We must have a beginning, and that will +be the beginning. If you people get your rights, the Customs Union, +Railway Convention, and other things will all come in time." He then +added that we must take our own time about this movement, and that he +would keep Jameson on the frontier as long as it was necessary as a +moral support, and also to come to our assistance should we get +ourselves into a tight place. We asked him how he hoped to recoup +himself for his share of the expense in keeping Jameson's force on +the border, which should be borne by us jointly. He said that seeing +the extent of his interests in the country, he would be amply repaid +by the improvement in the conditions which it was intended to +effect.'</p> + +<p>It has since been suggested that the object of the movement was to +'steal the country' and to annex it to Rhodesia, in order to +rehabilitate the Chartered Company. The suggestion is too ludicrous +for serious discussion. It must be obvious to <a id="pg.123"></a>anyone that the +persons most concerned in the movement, and whose interests lay in +the Rand, would be the very last to consent to any such scheme. There +appears to be no conceivable basis upon which such an arrangement +could have been entered into, and it is quite clear that no sensible +business man having interests in a rich country in a comparatively +advanced state of development would consent to share that certainty +with a new country such as Rhodesia, the value of which, however +promising, has still to be proved. Notwithstanding the ludicrous +nature of the charge, it is quite certain that the Boers have a +deep-rooted conviction of its truth.</p> + +<p>The arrangements with Dr. Jameson were made with him in person. +During the month of September he visited Johannesburg, and it was +then agreed that he should maintain a force of some 1,500 mounted men +fully equipped, a number of Maxims, and some field artillery; that he +was, in addition to this, to have with him 1,500 spare rifles and a +quantity of spare ammunition; and that about 5,000 rifles, three +Maxim guns, and 1,000,000 rounds of ammunition were to be smuggled +into Johannesburg. It was calculated that in the town itself there +would be, perhaps, 1,000 rifles privately owned. Thus, in the event +of a junction of forces being effected, Johannesburg would be able to +command about 9,000 armed men, with a fair equipment of machine-guns +and cannon. Nor was this all, for on the original plan it was +intended to seize the fort and magazines at Pretoria. And +circumstances favoured the plans of the Johannesburg men. The +surrounding wall of the fort, a mere barrack, had been removed on one +side in order to effect some additions; there were only about 100 men +stationed there, and all except half a dozen could be counted on as +being asleep after 9 p.m. There never was a simpler sensational task +in the world than that of seizing the Pretoria fort—fifty men could +have done it. But there was more to be done than the mere taking. In +the fort there were known to be some 10,000 rifles, ten or twelve +field-pieces, and 12,000,000 rounds of small-arm ammunition; and it +was designed to seize the fort and the railway on the night of the +outbreak and, by means of one or two trains, to carry off as much of +the material as possible and destroy the rest.</p> + +<p><a id="pg.124"></a>Association with Dr. Jameson as the leader of an invading force is +the one portion of their programme which the Reform leaders find it +extremely difficult to justify. As long as the movement was confined +to the Uitlanders resident in the Transvaal the sympathy of South +Africa and indeed of the world was with them. It was the alliance +with the foreign invader which forfeited that sympathy. That the +eventual intention of the Reformers was only to call upon Dr. Jameson +in case they found themselves attacked by and unable to cope with the +Boers is a fact, but it is only fair to Dr. Jameson to note that this +was a modification of the original arrangement by which both forces +were to act simultaneously and in concert,—when the signal should be +given from Johannesburg.</p> + +<p>On the occasion of Dr. Jameson's second visit to Johannesburg, +towards the end of November, the following letter of invitation was +written and handed to him:</p> + +<div class="quoted"> + +<h4><i>To Dr. Jameson.</i></h4> + +<div class="opener"> + JOHANNESBURG.<a href="#fn.19" class="fnmark">{19}</a></div> + +<div class="salutation">DEAR SIR,</div> + +<p>The position of matters in this State has become so critical that we +are assured that at no distant period there will be a conflict +between the Government and the Uitlander population. It is scarcely +necessary for us to recapitulate what is now matter of history; +suffice it to say that the position of thousands of Englishmen and +others is rapidly becoming intolerable. Not satisfied with making the +Uitlander population pay virtually the whole of the revenue of the +country while denying them representation, the policy of the +Government has been steadily to encroach upon the liberty of the +subject, and to undermine the security for property to such an extent +as to cause a very deep-seated sense of discontent and danger. A +foreign corporation of Hollanders is to a considerable extent +controlling our destinies, and in conjunction with the Boer leaders +endeavouring to cast them in a mould which is wholly foreign to the +genius of the people. Every public act betrays the most positive +hostility, not only to everything English, but to the neighbouring +States.</p> + +<p>Well in short the internal policy of the Government is such as to +have roused into antagonism to it, not only practically the whole +body of Uitlanders but a large number of the Boers; while its +external policy has exasperated the neighbouring States, causing the +possibility of great danger to the peace and independence of this +Republic. Public feeling is in a condition of smouldering discontent. +All the petitions of the people have been refused with a greater or +less degree of contempt; and in the debate on the Franchise petition, +signed by nearly 40,000 <a id="pg.125"></a>people, one member challenged the +Uitlanders to fight for the rights they asked for, and not a single +member spoke against him. Not to go into details, we may say that the +Government has called into existence all the elements necessary for +armed conflict. The one desire of the people here is for fair play, +the maintenance of their independence, and the preservation of +those public liberties without which life is not worth living. The +Government denies these things, and violates the national sense of +Englishmen at every turn.</p> + +<p>What we have to consider is, What will be the condition of things +here in the event of a conflict? Thousands of unarmed men, women and +children of our race will be at the mercy of well-armed Boers, while +property of enormous value will be in the greatest peril. We cannot +contemplate the future without the gravest apprehensions. All feel +that we are justified in taking any steps to prevent the shedding of +blood, and to insure the protection of our rights.</p> + +<p>It is under these circumstances that we feel constrained to call upon +you to come to our aid,<a href="#fn.20" class="fnmark">{20}</a> should a disturbance arise here. The +circumstances are so extreme that we cannot but believe that you and +the men under you will not fail to come to the rescue of people who +will be so situated. We guarantee any expense that may reasonably be +incurred by you in helping us, and ask you to believe that nothing +but the sternest necessity has prompted this appeal.</p> + +<div class="closer"> + CHARLES LEONARD.<br /> + LIONEL PHILLIPS.<br /> + FRANCIS RHODES.<br /> + JOHN HAYS HAMMOND.<br /> + GEORGE FARRAR.</div> +</div> + +<p>The letter was drafted by Mr. Charles Leonard, and was signed then by +four out of the five signatories, the fifth signature being added +some weeks later in Cape Town. It was not dated, and was to be used +only privately and in case of necessity for the purpose of excusing +Dr. Jameson to the directors of the Chartered Company and the +Imperial authorities in the course which it was intended to take.</p> + +<p>Various plans were discussed, and even dates were provisionally +arranged. The first arrangement agreed to was that Dr. Jameson should +start two days before the intended <a id="pg.126"></a>outbreak in Johannesburg. This +was agreed to for the time being, but subsequent discussion convinced +the leaders that there were the gravest objections to such a course, +and it was therefore decided that Dr. Jameson should be notified +to start from his camp on the same night as the outbreak in +Johannesburg. The dates of December 28 and January 4 were in turn +provisionally decided upon, but the primary condition of these +arrangements was that under no circumstances should Dr. Jameson move +without receiving the word from the Johannesburg party.</p> + +<p>With reference to the question of going out to meet Dr. Jameson or +giving him assistance, the only thing that was discussed was that an +officers' patrol should be sent out to meet him, to escort him to his +camp. There was no doubt entertained as to the ability of Dr. Jameson +and the force which it was believed he would command to come in +without assistance or the arrangement would never have been made. The +idea of the association with him was, of course, that he should +assist the Reformers—not they assist him; and the proposal regarding +the officers' patrol was one to which he only consented after +scouting the notion of any co-operation.</p> + +<p>During the weeks which followed the conclusion of the arrangement +considerable dissatisfaction was felt at the very slow progress made +in obtaining arms. The number originally agreed to was deemed to be +sufficient but no more; and when it was first found that it would not +be possible to obtain this number but that a few hundreds less would +have to be accepted, doubts were freely expressed as to the wisdom of +proceeding until a sufficient supply had been obtained. When on two +subsequent occasions it was again notified that still a few hundred +less would have to be accepted, some members of the Reform Party were +very emphatic in their objections to proceeding any further until +they should be satisfied that the undertakings upon the strength of +which they had entered upon the arrangement would be faithfully +adhered to. On the occasion of Dr. Jameson's last visit it had been +extracted from him that instead of 1,500 men he would probably start +with from 800 to 1,000. These discrepancies and alterations caused +the liveliest dissatisfaction in the minds of those who realized +<a id="pg.127"></a>that they were entering upon a very serious undertaking; but although +the equipment seemed poor, reliance was always placed on the taking +of Pretoria Fort. That at any rate was a certainty, and it would +settle the whole thing without a blow; for Johannesburg would have +everything, and the Boers would have rifles, but neither ammunition +nor field-guns. Without doubt the Pretoria arsenal was the key of the +position, and it is admitted by Boer and alien alike that it lay +there unguarded, ready to be picked up, and that nothing in the world +could have saved it—except what did!</p> + +<p>On or about December 19, Messrs. Woolls-Sampson and A. Bailey, two +Johannesburg men concerned in the movement, who had been in +communication with Mr. Rhodes and others in Cape Town, arrived in +Johannesburg, and indicated clearly that the question as to which +flag was to be raised was either deemed to be a relatively +unimportant one or one concerning which some of the parties had not +clearly and honestly expressed their intentions. In simple truth, it +appeared to be the case that Dr. Jameson either thought that the +Johannesburg reformers were quite indifferent on the subject of the +flag, or assumed that the provisions for the maintenance of the +Transvaal flag were merely talk, and that the Union Jack would be +hoisted at once. Nothing was further from the truth. The Reform Party +in Johannesburg included men to whom the Union Jack is as dear as +their own heart's blood, but it also included many others to whom +that flag does not appeal—men of other nationalities and other +associations and other sympathies. It included—perhaps the strongest +element of all—those men whose sympathies were naturally and most +strongly all for British rule, which they believed to be the best in +the world, but whose judgment showed them that to proclaim that rule +would be to defeat the very objects they honestly had in view, and +who would have regarded the change of flag at the last moment as an +unprincipled deception of those comrades who had been induced to +co-operate for reform and not for annexation. It had been repeatedly +and emphatically stated that the object was not to deprive the Boer +of his independence or the State of its autonomy, but to alter the +system of government in such a way as, first to obtain betterment of +the economic conditions <a id="pg.128"></a>which affect everyone, and afterwards to +induce a policy more in accordance with the general South African +sentiment—in fact to get the Transvaal into line with the other +South African States, in the same way for instance as the Free State +had shown itself disposed to go. It is but poor work explaining +failure, yet it must surely be permissible that something should +be said for those who alone have had no hearing yet. And it is in +the minds of the Reformers that the professions of their 'real +intentions' regarding the flag made by Dr. Jameson and Mr. Rhodes +might appropriately have been made before the raid, instead of +afterwards when all was over. The regard for definite pledges, which +in the Reformers was described as merely an excuse for backing out, +would, if it had been observed by all, have made a sickening fiasco +impossible.</p> + +<p>No sooner had a doubt been raised on the subject of the flag than a +trusted emissary was despatched to inquire from Mr. Rhodes the +meaning of this tampering with one of the fundamental conditions of +the agreement. The messenger returned on Christmas morning, and at a +largely-attended meeting of the ringleaders stated that he had seen +Mr. Rhodes, and had received from him the assurance that it was all +right about the flag: no question or doubt had been raised on the +subject. In returning to Capetown however in company with Dr. +Rutherfoord Harris, he learned from that gentleman that it was by no +means all right, and gathered that it was assumed that the provision +about maintaining the Transvaal flag was so much talk necessary to +secure the adhesion of some doubtful people. The announcement was +received with the gravest dissatisfaction. Several of the leading men +stated emphatically that nothing would induce them to take part in +the movement unless the original arrangement was loyally adhered to. +In consequence of this it was resolved to despatch Messrs. Charles +Leonard and F.H. Hamilton to see Mr. Rhodes and to obtain from him a +definite guarantee that in the event of their availing themselves of +Dr. Jameson's help under any conditions the latter would abide by the +arrangements agreed upon.</p> + +<p>It was then thought that a week would be sufficient time in which to +clear up the flag question and complete preparations. <a id="pg.129"></a>It was +decided to call a big public meeting for the night of Monday, January +6, not with the intention of holding the meeting, but as a blind to +cover the simultaneous rising in Johannesburg and seizing of the +arsenal in Pretoria on the night of Saturday, January 4. With this in +mind it was arranged to publish, in the form of a manifesto,<a href="#fn.21" class="fnmark">{21}</a> the +address which Mr. Charles Leonard had prepared for the meeting.</p> + +<p>Among the Reformers there had always been a considerable section who +regarded the alliance or arrangement with Dr. Jameson as a very +doubtful advantage. It was this section which strongly and +successfully opposed the suggestion that he should start before an +actual outbreak. The difference of opinion was not such as to cause +division in the ranks, but yet sufficient to keep alive discussion as +to how the common aim could be achieved without risk of the +complications which external aid in the initial stages would be sure +to cause. To this feeling of doubt was added a sense of distrust when +Dr. Jameson's importunity and impatience became known; and when the +question of the flag was raised there were few, if any, among those +concerned in the movement who did not feel that the tail was trying +to wag the dog. The feeling was so strong that many were prepared to +abandon the whole scheme and start <i>de novo</i> rather than continue an +undertaking in which it looked as though they were being fooled. +Hence the despatch of Messrs. Leonard and Hamilton on Christmas Day.</p> + +<p>Confidence in their power to control Dr. Jameson and direct the +movement, as they considered they had the right and ability to do, +had been so shaken in the reformers that as soon as Messrs. Leonard +and Hamilton had been sent they began to discuss a complete change of +plans, and awaited only the reply from Capetown before taking the +first steps in the prosecution of the new programme. The plan most +favoured was that the importation and distribution of arms should be +continued as speedily and as secretly as possible, that, instead of +an invading force, as many armed and trained men as could be obtained +should be brought in, nominally as mechanics or men seeking +employment on <a id="pg.130"></a>the mines, that the public meeting called for +January 6 should be held and made as large and demonstrative as +possible, and a demand made to the Volksraad to grant the redress of +the grievances complained of, and, failing reasonable concessions, +that they should rise in arms and at the same time appeal to England, +as the paramount Power, or to the other South African Governments, +to mediate and so avert civil war. It was believed, and with much +reason, that the Boers, knowing, as they then inevitably would, that +a considerable quantity of arms and ammunition had been smuggled in, +and knowing also that the sentiment of South Africa, including the +Free State, was all in favour of considerable concessions to the +Uitlanders, would have hesitated to take the initiative against +Johannesburg, and would either have yielded to the pressure of the +general South African opinion and have accepted the mediation of the +High Commissioner, or would have offered considerable reforms. The +Kruger party, it was well known, would proceed to any extreme rather +than concede anything to the Uitlanders; but at that time the +majority of the Boers were opposed to the Kruger policy of favouring +the Hollanders and Germans to the exclusion of all other Uitlanders, +and this majority would not have consented to measures calculated to +embroil them with the people who had made their country prosperous, +and even to imperil the very existence of the State, whilst an +alternative course so easy as the one presented lay open to them.</p> + +<p>On the day following the despatch of Messrs. Leonard and Hamilton to +Capetown it was decided to send messengers to Dr. Jameson to +emphatically prohibit any movement on his part, also to explain to +him the position of affairs in Johannesburg with reference to the +flag, and above all to impress upon him the condition of +unpreparedness. Major Heany was sent by train viâ Kimberley, and in +order to facilitate his travelling a telegram was sent to Mr. Rhodes +in Capetown asking him to arrange for a special train, and +acquainting him with the purpose of the trip. Captain Holden was sent +on horseback across country to Pitsani. Both gentlemen carried the +most definite instructions to Dr. Jameson on no account to move. Both +gentlemen have <a id="pg.131"></a>since stated that they delivered the messages in +word and in spirit absolutely as they were given to them in +Johannesburg, and that they carried no private messages whatever from +any individual member of the Committee in any way conflicting with +the purport of the official message with which they were charged.</p> + +<p>On the Thursday, Friday, and Saturday telegrams and messages were +received from Dr. Jameson, all revealing impatience and a desire if +not an intention to disregard the wishes of the Johannesburg people. +Replies were sent to him and to the Capetown agents protesting +against the tone adopted, urging him to desist from the endeavour to +rush the Johannesburg people as they were pushing matters on to the +best of their ability and hoped for a successful issue without +recourse to violent measures, and stating emphatically that the +decision must be left entirely in the hands of Johannesburg as +agreed, otherwise there would be certain disaster. Besides what would +be regarded as the official expressions and messages of the +Johannesburg people, several individual members of the party +telegraphed to Dr. Jameson informing him of the position and adding +their personal advice and testimony. The probability of achieving +success without firing a shot was referred to in the sense of a most +satisfactory prospect. It did not occur to any one among the +Johannesburg party that it was this prospect that moved Dr. Jameson +to start. That idea is of later birth.</p> + +<p>On Sunday morning, at about ten o'clock, two telegrams of importance +were received. The first was from Messrs. Hamilton and Leonard, to +the following effect: 'We have received perfectly satisfactory +assurance from Cecil Rhodes, but a misunderstanding undoubtedly +exists elsewhere. In our opinion, continue preparations, but +carefully, and without any sort of hurry, as entirely fresh departure +will be necessary. In view of changed condition Jameson has been +advised accordingly.' Portions of this message were in code. It left +Capetown at 2.20 p.m. on Saturday, the 28th, and was received on +Sunday at about ten o'clock. The second telegram was one from Dr. +Jameson to his brother, Mr. S.W. Jameson, and had been despatched at +about the same time. It was in the Bedford-McNeil Code, and was much +mutilated—so <a id="pg.132"></a>much so that it was thought to have been purposely +done in the telegraph office in order to obscure the meaning. One +expression was clear, however, and that was: 'I shall start without +fail to-morrow night.' It concluded with the words: 'Inform Dr. +Wolff—distant cutting. He will understand.'</p> + +<p>The words 'distant cutting' did not occur in any code-book. Dr. +Jameson states that they were words privately agreed upon between him +and Dr. Wolff. The telegram was shown to Dr. Wolff as soon as he +could be found, but he declared himself unable to throw any light +whatever upon it. It was however clear from the message that on +Saturday afternoon it had been Dr. Jameson's intention to disregard +the wishes of the Committee, and to start on Sunday night, and the +telegram impressed the recipients more than ever with the wisdom of +their action in sending the messengers to Capetown and to Pitsani to +insist upon no further steps being taken. It is of little consequence +what the words 'distant cutting' really meant, or whether they were, +or should have been, understood by any of the parties. Major Heany +and Captain Holden, it was known, could not have reached Dr. Jameson +at the time the message was despatched, and therefore no more +importance was attached to this than to the other impatient +telegrams.</p> + +<p>It was assumed that, on receiving the emphatic messages sent through +Major Heany and Captain Holden, Dr. Jameson would realize the +seriousness of the position, and would, in fact, abide by the +arrangements made with him. Nor was this all. It was also clear that +the telegram of Mr. Rhodes to which it was inferred reference was +made in the concluding words of Messrs. Hamilton's and Leonard's +wire—'Jameson has been advised accordingly'—could not have reached +Dr. Jameson at the time his telegram to his brother was despatched. +It was part of the instructions to Messrs. Hamilton and Leonard that +any communications which they might desire to make to Dr. Jameson +should pass through Mr. Cecil Rhodes in order to ensure due regard +being paid to them. There was therefore no doubt in the minds of the +Johannesburg men that during Saturday afternoon—that is to say, more +than twenty-four hours before he proposed moving—he must have +received a wire forbidding him to move.</p> + +<p><a id="pg.133"></a>The facts here given were sufficient to warrant the belief that all +that was necessary had been done to prevent any movement. But more +reassuring than all precautions was the conviction that Dr. Jameson, +no matter how much he might 'bluff' in order to force immediate +action, would never be guilty of so gross a breach of faith as to +start in defiance of the wishes of the Johannesburg people. Extreme +dissatisfaction of course prevailed in the minds of a good many when +they learned of the efforts made by him to force their hands, and +this feeling was intensified by the report brought in by Dr. Wolff, +who had just returned from seeing Dr. Jameson at Pitsani. Dr. Wolff +had arrived at Pitsani on the previous Tuesday, and was then greeted +by Dr. Jameson with the remark that he had 'as nearly as possible +started for Pretoria last night.' It was felt that this might appear +to be a very fine and dashing thing for a party of men well armed and +trained and able to take care of themselves, but that it betrayed +great indifference to his pledges, as well as to the fate of his +associates, who as he knew perfectly well had not even the arms to +defend themselves from the consequences of any precipitate action on +his part, and who had moreover the responsibility for the control and +protection of unarmed Johannesburg.</p> + +<p>The feeling among the Reformers on Sunday, the 29th, was one of +considerable relief at having found out in time the intention of +their reckless colleague, and at having taken the necessary steps to +control him. Secure in the belief that the messages from Capetown had +duly reached Dr. Jameson, and that either Major Heany or Captain +Holden had by that time also reached him, and that in the future the +management of their affairs would be left in their own hands, they +continued during Sunday and Monday, the 29th and 30th, to arrange +plans on the basis before indicated, awaiting in the meantime further +communications from Messrs. Hamilton and Leonard.</p> + +<p>In the meanwhile it became generally known in Johannesburg that some +movement was afoot, and suppressed excitement and expectancy became +everywhere manifest. On Saturday, December 28, the President returned +from his annual tour through certain of the outlying districts. On +his journey he was met by a number of burghers at Bronkhorst +<a id="pg.134"></a>Spruit, the scene of the battle in the War of Independence, about +twenty miles from Pretoria. One of the burghers, an old Boer named +Hans Botha, who was the opponent of Mr. Woolls-Sampson in the 'duel' +at the battle of Zwartkoppies, in addressing the President, said that +he had heard that there was some talk of a rising in Johannesburg, +and added that although he had many bullets in him (It is stated that +he still has five!), he could find room for more if it was a question +of tackling the Britishers. The President replied that he had heard +of the threatened rising, and did not believe it: he could not say +what was likely to happen, but they must remember this—if they +wanted to kill a tortoise they must wait until he put his head out of +the shell.</p> + +<p>In an interview with a representative of the press immediately after +this the President said that the position was full of gravity and +might lead to disagreeable consequences, especially to the mining +industry and commercial enterprise generally; but he was still +confident that common-sense would prevail in Johannesburg, and +expressed the conviction that the law-abiding portion of the +community, which included the greater part of the English and other +nationalities, would support all measures for the preservation of law +and order. He said that his endeavours hitherto to secure concessions +for the Uitlander population had been frustrated by the public +utterances and actions of irresponsible and unscrupulous agitators +whose methods had often a detrimental effect on the Volksraad and on +the burghers throughout the Republic. The first commotion created was +by the flag incident some years before (1890), which caused a great +shock to confidence; another sinister incident was the refusal of a +portion of the British community to serve their adopted country in +the Malaboch War, when the union of Boer and Briton against the +common enemy was nearly brought about. 'If wiser counsels +unfortunately should not prevail,' the President continued, 'then let +the storm arise, and the wind thereof will separate the chaff from +the grain. The Government will give every opportunity for free speech +and free ventilation of grievances, but it is fully prepared to put a +stop to any movement made for the upsetting of law and order.'</p> + +<p>On the same day the President was interviewed by a <a id="pg.135"></a>deputation of +Americans from Johannesburg. They were men of the highest position +and influence in the community and were earnestly desirous of +securing reforms, but they were impressed with the idea that peaceful +means had not yet been exhausted and that the President and his +Executive would listen to reason if they were convinced that serious +consequences would follow the neglect to reform. The President +received them civilly, as he often does when he has a strong hand to +play: it is generally when his cards are poor that he gives way to +the paroxysms of rage and indulges in the personal abuse and violent +behaviour which have earned for him so unenviable a reputation. He +listened to all that had been advanced by the deputation, and then +said that 'it was no time to talk when danger was at hand. That was +the time for action.' The deputation represented to him that there +was no danger at hand unless the President by his own act +precipitated matters and caused the trouble himself, that matters +were completely in his hands, and that if he would deal with the +people in a liberal and statesmanlike way and grant the reforms which +were universally acknowledged to be necessary there would not be +anywhere in the world a more law-abiding and loyal community than +that of Johannesburg. The President answered merely by the question: +'If a crisis should occur, on which side shall I find the Americans?' +The answer was, 'On the side of liberty and good government.' The +President replied, 'You are all alike, tarred with the same brush; +you are British in your hearts.'</p> + +<p>In reply to another deputation, representing a section of the +community which was not by any means at one with the reformers, but +the leading members of which still urged the necessity for reforms, +the President said, 'Either you are with me in the last extremity or +you are with the enemy; choose which course you will adopt. Call a +meeting to repudiate the Manifesto in its entirety, or there is final +rupture between us.' The gentlemen addressed declared emphatically +that on the Manifesto there could be no retreat. On that Johannesburg +was absolutely at one. The President replied, 'Then, I shall know how +to deal with Johannesburg,' and left the room.</p> + +<p>The various business associations of Johannesburg and <a id="pg.136"></a>Pretoria +approached the President at different hours in these threatening +times, and did all that was possible to induce him to make reasonable +concessions. Although numbers of his followers and counsellors were +strongly in favour of doing something to avert the coming storm, the +President himself seemed inclined to fight until the last ditch was +reached rather than concede anything. In reply to the Mercantile +Association he said that he was quite willing to give the franchise, +but that it would be to those who were really worthy of it—those for +instance who rallied round the Government in this crisis and took +no part in the mischievous agitation and clamouring for so-called +reforms: all malcontents should be excluded. In fact he made it +perfectly plain that the franchise would be treated as a huge bribery +fund; and he himself was introducing the thin end of the wedge in +the suggestion made to the Association with a view to splitting +up the Reform Party in Johannesburg. He however added that the +special duties on food-stuffs would be immediately removed pending +confirmation by the Volksraad, that equal subsidies would be granted +to Dutch and English schools alike, and that the Netherlands Railway +Company would be approached with a view to having the tariffs +reduced. The effect of this was however slightly marred by the +concluding sentence in which he stated that 'as he had kept his +former promises, so he would do his best to keep this.'</p> + +<p>In reply to a second deputation of Americans, the President in a +moment of irritation said that it was impossible to grant the +franchise to the Uitlander—American, British, or other; he would +lose his power if he did; the Government would no longer be his. A +member of the deputation said, 'Surely, if we take the oath of +allegiance, you will trust us?' The President hesitated for a moment, +and then said, 'This is no time to talk about these things; I can +promise you nothing.'</p> + +<h4>Footnotes for Chapter III</h4> + +<p><span id="fn.19">{19}</span> The date of 20th December, 1895, was filled in by Dr. Jameson +when he decided to start and to publish the letter.</p> + +<p><span id="fn.20">{20}</span> When this letter was published by Dr. Jameson and cabled to +the London <i>Times</i> the sense of it was very gravely—but doubtless +unintentionally—altered by terminating this sentence with the word +'aid' and carrying the remaining words into the next sentence.</p> + +<p>(July, 1899.) At the Westminster inquiry it transpired that on +December 20 Mr. Rhodes instructed Dr. Harris to wire for a copy of +the letter. Dr. Jameson forwarded it after filling in that day's +date. On December 30, Dr. Harris, again acting on Mr. Rhodes' +instructions, telegraphed the letter to the <i>Times</i>, having altered +the date to 28th, and prefaced it with the statement that the letter +had been 'sent on Saturday (28) to Dr. Jameson, Mafeking.'</p> + +<p><span id="fn.21">{21}</span> See <a href="#pg.422">Appendix I</a>. for the full text of Manifesto.</p> + +<div class="sectionheader"> +<a id="pg.137"></a> +<h3>CHAPTER IV.</h3> + +<h3>THE REFORM COMMITTEE.</h3> +</div> + +<p>On Monday morning Mr. S.W. Jameson (a brother of Dr. Jameson, who, +although suffering acutely from rheumatic fever, insisted on taking +his share of the work and worry during the days that followed) +received a telegram addressed to Dr. Wolff, in his care. The latter +being away on Monday Mr. Jameson translated the telegram and showed +it at once to as many of his comrades as he could find. It was from +Dr. Jameson, despatched from Pitsani at 9.5 a.m. on Sunday, and ran +as follows: 'Meet me as arranged before you left on Tuesday night +which will enable us to decide which is best destination. Make +Advocate Leonard speak—make cutting to-night without fail.'</p> + +<p>Every effort was made to find Dr. Wolff, but he—in common with +others—believing that there would be no move for a week, was away. +This telegram was, to say the least of it, disquieting. It showed, so +it was thought, that as late as Sunday morning Dr. Jameson could not +have received the countermands by Messrs. Heany and Holden, and it +indicated that it must have been a near thing stopping him before he +actually crossed the border. As a matter of fact Major Heany reached +Dr. Jameson at noon on Sunday; but Capt. Holden had arrived the night +before.</p> + +<p>Shortly after noon Mr. Abe Bailey received and showed to others a +telegram purporting to come from 'Godolphin,' Capetown, to the +following effect: 'The veterinary surgeon says the horses are now all +right; he started with them last night; will reach you on Wednesday; +he says he can back himself for seven hundred.' By the light of +subsequent events the <a id="pg.138"></a>telegram is easily interpreted, but as Mr. +Bailey said he could not even guess who 'Godolphin' might be, the +message remained a puzzle. That it had some reference to Dr. Jameson +was at once guessed, indeed Mr. Bailey would not have shown it to +others concerned in the movement did he not himself think so. The +importance and significance of the message entirely depended upon who +'Godolphin' was, and it afterwards transpired that the sender was Dr. +Rutherfoord Harris, who states that he took the first and safest +means of conveying the news that Dr. Jameson had actually started in +spite of all. Mysterious and unintelligible as it was the telegram +caused the greatest uneasiness among the few who saw it, for it +seemed to show that an unknown someone in Capetown was under the +impression that Dr. Jameson had started. The Reformers however still +rejected the idea that he would do anything so mad and preposterous, +and above all they were convinced that had he started they would not +be left to gather the fact from the ambiguous phrases of an unknown +person.</p> + +<p>All doubts however were set at rest when between four and half-past +four on Monday afternoon Mr. A.L. Lawley came hurriedly into the room +where several of the leaders were met, saying, 'It is all up, boys. +He has started in spite of everything. Read this!' and at the same +time throwing on the table the following telegram from Mafeking: 'The +contractor has started on the earthworks with seven hundred boys; +hopes to reach terminus on Wednesday.'</p> + +<p>The Reformers realized perfectly well the full significance of Dr. +Jameson's action; they realized that even if he succeeded in reaching +Johannesburg, he, by taking the initiative, seriously impaired the +justice of the Uitlanders' cause—indeed, put them hopelessly in the +wrong. Apart from the moral or political aspects of the question +there was the fact that, either through mistake or by fatuous +impulse, Dr. Jameson had plunged them into a crisis for which as he +knew they were insufficiently provided and prepared, and at the same +time destroyed the one chance—the one certainty—on which they had +always counted for arms and ammunition; by starting first he knocked +out the foundation of the whole scheme—he made the taking of the +Pretoria arsenal impossible. <a id="pg.139"></a>For a few minutes it was hoped that +the chance of taking the arsenal still remained; but while discussion +was still proceeding and several of those present were protesting +that the news could not be true (among them Mr. S.W. Jameson, who +stoutly maintained that his brother would never start in defiance of +his pledges), authentic news of the invasion was received from the +Government offices; and this was supplemented a few minutes later by +the information that the Government had known it at an early hour in +the morning, and that Pretoria was then full of armed burghers. The +position then appeared fairly desperate.</p> + +<p>It is worth noting that even when Dr. Jameson decided to start in +opposition to the Committee's wishes it was not deemed necessary to +treat them with the candour which they were entitled to expect from a +comrade. It is well known that Dr. Jameson never had 700 men, and +that he started with less than 500, and yet the Reformers were led to +understand from the telegrams above quoted that he was starting with +700, and not 800 as last promised. They were at first under the +impression that the 700 men did not include the Bechuanaland Border +Police who were to join him after starting, so that it was still +thought that he had over 800 men.</p> + +<p>Before five o'clock messengers had been sent out in all directions to +call together those who had interested themselves in the movement, or +as many of them as possible, for several prominent men knowing only +of the steps taken to prevent any movement on the part of Dr. +Jameson, were not at hand. As many as possible however gathered +together, and it was decided to take instant steps to put the town in +a state of defence. In order that the subsequent actions and attitude +of the Reform Committee may be properly understood it is necessary to +explain somewhat fully the position of affairs on this Monday +evening.</p> + +<p>As soon as it was realized that the news was beyond all doubt true +the bitterest censure was expressed upon Dr. Jameson's action, and it +was at first stated by many that either Dr. Jameson or Mr. Rhodes or +both had deliberately and for the furtherance of their personal aims +disregarded in treacherous and heartless fashion all their +agreements. Soon however a calmer view was taken, and a consideration +of all <a id="pg.140"></a>the circumstances induced the Reformers to believe that Dr. +Jameson had started in good faith, but under some misapprehension. +They recalled the various reports that had been in circulation in the +press about conflicts between the Boers and Uitlanders at the Simmer +and Jack and Jumpers mines, the reported arrest of Mr. Lionel +Phillips and the demand of Ł80,000 bail—rumours which had been +treated by those on the spot as too ridiculous to gain credence +anywhere, but which they nevertheless thought might have reached Dr. +Jameson in such guise as to induce him to take the step which he had +taken. It was assumed that the telegrams sent from Johannesburg and +Capetown to stop him had not reached him, and that Messrs. Heany and +Holden had also failed to catch him before he started. Opinions +however were still divided as to whether he had simply lost patience +and come in regardless of all consequences, or had been really misled +and had dashed in to the assistance of Johannesburg. The position was +at best one of horrible uncertainty, and divided as the Committee +were in their opinions as to his motive they could only give him the +benefit of the doubt and assume that there was behind his action no +personal aim and no deliberate disregard of his undertakings. In +order to realize the perplexity of the position it must be understood +that only the few who happened to meet on Sunday and Monday morning +knew of the telegrams which had passed during the previous +twenty-four hours, many did not know of them until Pretoria prison +gave them time to compare notes; to some they may be news even now. +There was no time to argue then!</p> + +<p>Knowing the poorness of the equipment of Johannesburg and the +unpreparedness of the place and its inhabitants the more logical and +cold-blooded course would have been to repudiate Dr. Jameson +instantly and to have left him to his fate; but against this was +firstly, the fact publicly admitted that he had remained on the +border by arrangement with the leaders in order to help them should +the necessity arise; next, that if he gave heed to the reports which +were being circulated he might have thought that the necessity had +arisen; and finally, that the leaders had taken such steps in the +smuggling in of arms and the arming of men as would <a id="pg.141"></a>warrant the +Boers, and indeed anybody else, in associating them with Dr. Jameson, +so that they might confidently expect to be attacked as accomplices +before the true facts could become known. They realized quite well +that they had a big responsibility to the unarmed population of +Johannesburg, and it was with the object of fulfilling that +obligation that they decided to arm as many men as possible and to +fortify and defend the place if attacked, but, in view of the +impossibility of aggressive measures being successful, to take no +initiative against the Boers. It would in any case have been entirely +useless to suggest the repudiation of Dr. Jameson at that moment. The +Johannesburg people would never have listened to such a suggestion, +nor could anyone have been found to make it.</p> + +<p>In view of the fact that the Reform Committee have been charged with +the crime of plunging the country into civil war with a miserable +equipment of less than 3,000 rifles, it is only fair to give some +heed to the conditions as they were at the time and to consider +whether any other course would have been practicable, and if +practicable, whether it would have been in the interests of any +considerable section of the community. To the Committee the course to +be taken seemed perfectly clear. They determined to defend and hold +the town. They threw off all disguise, got in all the arms they +possibly could, organized the various military corps, and made +arrangements for the maintenance of order in the town and on the +mines. Throughout Monday night all were engaged in getting in arms +and ammunition and doing all that could be done to enable the town to +hold its own against possible attack.</p> + +<p>During Monday night the Reform Committee came into existence. Those +who had so far taken a prominent part in the agitation had been for +convenience utilizing Colonel Rhodes' office in the Consolidated +Goldfields Company's building. Many prominent men came forward +voluntarily to associate themselves with the movement, and as the +numbers increased and work had to be apportioned it became evident +that some organization would be necessary. Those who had already +taken part in the movement formed themselves into a committee, and +many other prominent men joined immediately. The movement being an +entirely public one <a id="pg.142"></a>it was open for anyone to join provided he +could secure the approval of the already elected members. The body so +constituted was then called the Reform Committee.</p> + +<p>The following is the first notice of the Reform Committee as +published in the <i>Johannesburg Star</i>; and it indicates the position +taken up:</p> + +<div class="quoted"> + +<p>Notice is hereby given that this Committee adheres to the National +Union manifesto, and reiterates its desire to maintain the +independence of the Republic. The fact that rumours are in course of +circulation to the effect that a force has crossed the Bechuanaland +border renders it necessary to take active steps for the defence of +Johannesburg and the preservation of order. The Committee earnestly +desires that the inhabitants should refrain from taking any action +which can be considered as an overt act of hostility against the +Government.</p> +</div> + +<p>Telegrams were sent to the High Commissioner and to the Premier of +Cape Colony informing them that owing to the starting of Dr. Jameson +with an armed force into the Transvaal Johannesburg had been placed +in a position of extreme peril which they were utterly unprepared to +guard against, and urging the High Commissioner to proceed +immediately to Johannesburg in order to settle matters and prevent a +civil war.</p> + +<p>Sub-committees were at once appointed, partly chosen from members of +the Reform Committee and partly from others who had interested +themselves in the movement and had come forward to take part but had +not actually joined the controlling body. The matters to be dealt +with were: The policing of the town; the control of the natives +thrown out of employment by the closing of the mines; the +arrangements for the defence of the town; the commissariat for the +men bearing arms and for others who were flocking into the town; the +providing for the women and children who had been brought in from the +mines and had neither food nor shelter. These matters were taken in +hand on Tuesday morning, and before nightfall some 2,000 men had been +supplied with arms; the Maxims had been brought in and placed in +position on the hills surrounding the town; various corps had been +formed; a commencement had been made in the throwing-up of earthworks +around the town; and food-supplies and such field equipment as could +be got together had been provided for the men. As regards the town, +the <a id="pg.143"></a>Government police having disappeared, it was necessary to take +energetic steps to prevent actual chaos reigning. Ex-Chief Detective +Trimble was appointed to organize a police force, and the work was +admirably done. Before nightfall the Reform Committee's police had +taken entire charge of the town, and from this time until the +withdrawal of the Committee's police after the laying down of arms, +perfect order was maintained—indeed, the town has never before or +since been so efficiently controlled as during this period.</p> + +<p>Numbers of the mines stopped work. In some cases the miners remained +to protect the companies' property; in other cases the men came in +and volunteered to carry arms in defence of the town. One of the most +serious difficulties with which the Committee had to deal was that of +supplying arms. There were under 3,000 rifles, and during the few +days when the excitement was at its highest no less than 20,000 men +came forward as volunteers and demanded to be armed. Not unnaturally +a great deal of feeling was roused among these men against the +Committee on account of their inability to arm them. It was believed +for a long time that the Committee was wholly responsible for the +incursion by Dr. Jameson; that they had precipitated matters without +regard to the safety of the unarmed population, and had actually +courted civil war with a paltry equipment of some 3,000 rifles. For +several days a huge crowd surrounded the Committee's offices +clamouring for guns. It is difficult to say what the feeling would +have been and what would have been done had it been known then that +there were less than 3,000 rifles. Not more than a dozen men knew the +actual number, and they decided to take the responsibility of +withholding this information, for they realized that panic and riot +might ensue if it were known, whilst the only hope for a successful +issue now lay in Johannesburg presenting a bold, confident, and +united front.</p> + +<p>All the well-known medical men in the town came forward at once, and +organized and equipped an ambulance corps which within the day was in +perfect working order.</p> + +<p>Perhaps the most arduous task of all was that of the Commissariat +Department, who were called upon to supply at a few hours' notice the +men bearing arms in various positions <a id="pg.144"></a>outside the town and the +various depots within the town which were organized for the relief +of those who had flocked in unprovided for. It would have been +impossible, except in a community where the great majority of men had +been trained by the nature of their own business in the habit of +organization, to cope with the difficulties which here presented +themselves, and it is impossible to pay too high tribute to those who +organized the relief of the women and children from the surrounding +districts. Not less than 2,000 women and children were housed and fed +on Tuesday night; offices were taken possession of in different parts +of the town and converted into barracks, where sleeping accommodation +was provided under excellent sanitary conditions; and abundance of +food, as good as could be expected at an ordinary hotel, was supplied +to these people who had come in expecting to sleep in the streets.</p> + +<p>In order to carry into effect the scheme of relief above referred to +it was found necessary to form what was called the Relief Committee. +A fund was opened to provide this Committee with the necessary means, +and members of the Reform Committee subscribed upwards of Ł80,000 +within a few minutes of the opening of the lists.</p> + +<p>The native liquor question also called for prompt and determined +handling. A deputation from the Committee called upon the Landdrost, +the official head of the Licensing Board, and requested the +co-operation of the Government in dealing with this matter, and an +order was obtained from him compulsorily closing the canteens until +further notice. Armed with this the officials appointed by the +Committee visited the various liquor-houses along the mines and gave +due notice, with the further warning that if any breach of the new +regulation took place it would be followed by the confiscation of the +entire stock of liquor. The measure generally had a very salutary +effect, but in the lowest quarters it was not sufficient. The +Committee had realized in the very beginning that nothing but the +removal of the liquor would prevent the Kaffir canteen-keepers from +supplying the natives with drink, and patrols were accordingly sent +out to seize the entire stock in those drinking-hells, to pay +compensation at value agreed upon, and to destroy the <a id="pg.145"></a>liquor. The +step was no doubt a high-handed one, and before it was taken notice +was given to the Government officials of the intention. The Committee +were warned that this action could not be authorized by Government, +as it was both high-handed and illegal, but they decided to take the +responsibility upon themselves. It is not too much to say that there +were fewer cases of drunkenness or violence reported during the +period of trouble than during any other fortnight in the history of +the place.</p> + +<p>The following proclamation had been issued by the President at a very +late hour on Monday night in Pretoria, and was received in +Johannesburg on Tuesday morning:</p> + +<div class="quoted"> + +<p class="centered"> +PROCLAMATION BY HIS HONOUR THE STATE PRESIDENT OF THE SOUTH AFRICAN +REPUBLIC.</p> + +<p>Whereas it has appeared to the Government of the South African +Republic that there are rumours in circulation to the effect that +earnest endeavours are being made to endanger the public safety of +Johannesburg, and whereas the Government is convinced that, in case +such rumours may contain any truth, such endeavours can only emanate +from a small portion of the inhabitants, and that the greater portion +of the Johannesburg inhabitants are peaceful, and are prepared to +support the Government in its endeavours to maintain law and order,</p> + +<p>Now, know you that I, Stephanus Johannes Paulus Kruger, State +President of the South African Republic, with the advice and consent +of the Executive Council, according to Article 913 of its +minutes, dated the 30th of December, 1895, do hereby warn those +evil-intentioned persons (as I do hereby urge all such persons to do) +to remain within the pale of the law, and all such persons not +heeding this warning shall do so on their own responsibility; and I +do further make known that life and property shall be protected +against which attempts may be made, and that every peaceful +inhabitant of Johannesburg, of whatsoever nationality he may be, is +called upon to support me herein, and to assist the officials charged +therewith; and further be it made known that the Government is still +prepared to take into consideration all grievances that may be laid +before it in a proper manner, and to submit the same to the people of +the land without delay for treatment.</p> +</div> + +<p>The Government in Pretoria were no doubt perfectly well aware of all +that was going on; the Committee could not possibly observe any +secrecy, nor did it appear desirable, since the position taken up and +maintained by them to the end was that they were not responsible for +Dr. Jameson's incursion and were simply prepared to defend the town +against attack.</p> + +<p>During the four or five days preceding this the evidences <a id="pg.146"></a>of +excitement in Johannesburg had been unmistakable, and on Saturday +the 28th, the day before Dr. Jameson started, several prominent +officials and two or three members of the Volksraad visited +Johannesburg from Pretoria and openly discussed the seriousness +of the position. At that time they were strongly of opinion that +the Government had brought the trouble on themselves by their +wrong-headed and corrupt action. The visitors were men who although +officially associated with the Government were not at all in sympathy +with the policy of the Krugerite party, and they were sincerely +anxious for a peaceful settlement and desirous of liberal reforms, +but their influence with the Government was nil. Unfortunately it has +always been the case that intelligent and upright men associated with +the Pretoria Government (and there are some as bright examples as can +be found in any country) never have, and never will have, any weight +with the party now dominating the State. Their services are not used +as they might be, and their counsels are not regarded as they should +be in times when they would be of value; in fact, it would seem that +they are only used when it appears to Mr. Kruger and his party that +they present opportunities for playing upon the credulity of the +Uitlanders with whose progressive notions they are known to be in +sympathy. It is unnecessary to say that these gentlemen do not +consciously take part in the deception which is practised, but it is +nevertheless a fact that whenever the Pretoria clique desire to trail +the red herring they do it by the employment in seeming good faith of +one or other of those gentlemen whose character and sympathies +entitle them to the respect and confidence of the Uitlander.</p> + +<p>On Tuesday Mr. Eugene Marais, the editor of the leading Dutch paper +<i>Land en Volk</i>, a gentleman who has worked consistently and +honourably both for his people, the Transvaal Dutch, and for the +cause of pure and enlightened government, visited Johannesburg, being +convinced that there was serious trouble in store for the country +unless prompt and decisive steps were taken to remedy the conditions +under which the Rand community were suffering. No one in the country +has fought harder against the abuses which exist in Pretoria nor has +anyone risked more, nor yet <a id="pg.147"></a>is there a more loyal champion of the +Boer; and Mr. Marais, having on his own initiative investigated the +condition of affairs in Johannesburg and reported the result to some +of the leading members of the Government, telegraphed to a member +of the Committee on Tuesday morning beseeching that body to make a +strenuous effort to avert bloodshed, using the words, 'For God's +sake, let us meet and settle things like men!' and further stating +that he and Mr. Malan, son-in-law of General Joubert, were bringing +over a message from the Government, and that he hoped the Committee +would meet them in a reasonable spirit.</p> + +<p>A full meeting of the Committee was at once called to receive the two +delegates. The meeting took place at 9 p.m. and lasted until 12 p.m. +on Tuesday night. Mr. Marais's evidence during the course of the +trial detailed the events which led up to this meeting. He stated +that in consequence of what he had observed in Johannesburg on Monday +and Tuesday he returned to Pretoria, convinced that unless something +was done by Government to relieve the position there would most +inevitably be a civil war. He reported the condition of things to +General Joubert, who deemed it of sufficient importance to have the +matter brought before the Executive. Messrs. Marais and Malan were +thereupon received by the Executive and authorized to meet the Reform +Committee on behalf of the Government. With reference to the now +famous 'olive branch' phrase, Mr. Marais states that the expression +was first used by a member of the Committee in Johannesburg on +Tuesday morning. The condition of things was being discussed and this +member commented severely upon the action of the Government. Mr. +Marais urged that things were not so bad as to justify a determined +attempt to provoke civil war, and stated that he believed that the +excitement prevailing would convince the Government that they had now +gone too far and that when they realized the seriousness of the +position they would be willing to make proper concessions, and he +said in conclusion that the people of Johannesburg, if they were as +good as their professions and desired reform and not revolution, +would even at the eleventh hour be willing to meet the Government. +The member of the Reform Committee replied that this was undoubtedly +the attitude of the <a id="pg.148"></a>Johannesburg people, but that it was +absolutely useless to keep on patiently waiting for the fulfilment of +promises which were only made to be broken; that if Johannesburg had +any evidence that the Government meant honestly by them they would of +course treat and endeavour to avert bloodshed; that the Uitlanders +had so far always offered the olive branch and sought to establish +harmony. That however was all over, and let the Government now take +the first steps if they were in earnest.</p> + +<p>Mr. Marais reported the whole of this conversation to the Executive +Council and, upon his making use of the expression 'olive branch,' +the President exclaimed excitedly, 'What are they talking about? What +is an olive branch?' When this was explained to him he nodded and +said, 'Yes, that is what we will do,' and Mr. Wolmarans another +member of the Executive exclaimed, 'Go back to the Johannesburg +people and tell them that we have already offered the olive branch by +voluntarily withdrawing our police from the town in order to avoid +conflict, thus leaving them in entire possession. It is for them to +say whether they will accept it.'</p> + +<p>The meeting at which Messrs. Marais and Malan were commissioned to +negotiate with the Johannesburg people was, with the exception of +General Smit (then dying and since dead), attended by every member of +the Executive Council, and there is no truth in the suggestion made +on behalf of the Government that it was an informal meeting of a few +men who were not acting on behalf of the State, nor is there any +justification for the statement made by Judge Ameshof in the +witness-box that Messrs. Marais and Malan were not officially +authorized to negotiate with the Reform Committee.</p> + +<p>Messrs. Marais and Malan met the Reform Committee in the general +committee-room, and both gentlemen addressed the meeting several +times, going fully into the grievances complained of by the +Uitlanders and explaining very fully the position of the Government +and their attitude during the meeting of the Executive Council which +they had been called upon to attend. They stated that they had been +sent by a full meeting of the Executive to ask the Reform Committee +to send a deputation to Pretoria in order to meet a Commission <a id="pg.149"></a>to +be appointed by Government with a view to effecting a peaceful +settlement and the redress of grievances; that the Commission would +consist of Chief Justice Kotzé, Judge Ameshof, and another, probably +a member of the Executive Council; that the Government were willing +to consider and redress the grievances, and were, above all things, +anxious to avoid conflict with their own subjects.</p> + +<p>Then came the much-quoted expression: 'We come in fact to offer you +the olive branch; it is for you to say if you will take it; if you +are sincere in your professions, you will.' A great deal of +discussion took place, many members of the Committee maintaining +that, although they placed full confidence in the gentlemen who had +been sent by Government, they were nevertheless convinced that there +was treachery at the bottom of it, and they stated in plain language +what has become more or less an article of faith with the Uitlander: +'Whenever the Government are earnestly intent upon deceiving us they +select emissaries in whose character and good faith we have complete +trust, and by deceiving them ensure that we shall be misled.' Both +gentlemen repeatedly assured the meeting that the Government were +most anxious to remove the causes of discontent, and stated moreover +that Johannesburg would get practically all that was asked for in the +Manifesto. When asked what was meant by 'practically all,' they +explained that there would be some minor points of course on which +Johannesburg would have to give way in order to meet the Government, +as their position was also a very difficult one, and there were in +particular two matters on which there would be some difficulty, but +by no means insurmountable. When asked if the two matters were the +removal of religious disabilities and the franchise, one of the two +gentlemen replied that he had been told that there would be some +difficulty on these two points, but that they were quite open to +discussion as to the details and he was convinced that there would +surely be a means of coming to an understanding by compromise even on +these two. Messrs. Marais and Malan also informed the meeting that +the High Commissioner had issued a proclamation calling upon Dr. +Jameson to desist from the invasion and to return to British +territory at once; that the proclamation had been <a id="pg.150"></a>duly forwarded +to him from several points; and that there was no doubt that he would +turn back. Messrs. Marais and Malan both stated that they were +themselves proceeding with the commando against Dr. Jameson should he +fail to obey the High Commissioner's mandate, and stated also that +although they were making every effort that was humanly possible to +avert conflict it must be clearly understood that if from the +unreasonable action of Johannesburg fighting took place between the +Government forces and a revolutionary force from Johannesburg, they +as in duty bound would fight for their Government, and that in the +Government ranks would be found those men who had been the most +arduous workers in the cause of reform. They were assured that there +was no such feeling as desire for revenge actuating the people who +had taken up arms, that it was simply a desire for fair treatment and +decent government, that the present demand was what had been already +detailed in the Manifesto, and that the Committee stood by that +document, but would nevertheless accept as sufficient for the time +being any reasonable proportion of the redress demanded.</p> + +<p>In spite of differences as to the motives of the Government in +holding out the olive branch it was decided unanimously that the +request as conveyed by Messrs. Marais and Malan should be complied +with, and that a deputation should be sent over early on the +following morning to meet the Government Commission. Under the +circumstances it was quite useless to discuss whether the Government +designed these negotiations merely as a ruse in order to gain time, +or whether they were actually dealing with the Committee in good +faith and intending to effect the redress promised. At that time +Johannesburg itself had not been protected by earthworks, and the +unpacking of the Maxims and rifles had only just been completed. +Throughout Tuesday night and Wednesday earthworks were being thrown +up, and every effort was being directed towards placing the town in a +state of defence.</p> + +<div class="sectionheader"> +<a id="pg.151"></a> +<h3>CHAPTER V.</h3> + +<h3>THE COMMITTEE'S DILEMMA.</h3> +</div> + +<p>With the best will in the world it would have been quite impossible +to render any assistance to Dr. Jameson's forces, but apart from this +there never was the slightest doubt of his ability to get into +Johannesburg without assistance should he decide to attempt it. In +conversation with the leaders of the movement he had always scouted +the idea of requiring assistance from Johannesburg, nor would anyone +have believed that with a well-equipped and perfectly trained force +of 800 men (as it was believed he had) it was possible for the Boers +to get together a force sufficiently strong to stop him in his dash +on Johannesburg.</p> + +<p>In the absence of Mr. Charles Leonard, who had been recognized as the +leader of the movement, Mr. Lionel Phillips was elected Chairman of +the Reform Committee, and he and Messrs. J.G. Auret, A. Bailey, and +M. Langermann were chosen as the Committee's deputation to proceed to +Pretoria and meet the Commission appointed by the Government. They +left at an early hour on Wednesday morning, and were given +practically a free hand to act on behalf of the Reform Committee. The +position having been so thoroughly discussed there was no possibility +of misunderstanding; there was no division in the Committee as to the +attitude to be taken up. The deputation were to negotiate with the +Government for a peaceful settlement on the basis of the Manifesto, +accepting what they might consider to be a reasonable instalment of +the reforms demanded. They were to deal with the Government in a +conciliatory spirit and to avoid all provocation to civil strife, but +at the same time to <a id="pg.152"></a>insist upon the recognition of rights and the +redress of the grievances, to avow the association with Dr. Jameson's +forces so far as it had existed, and to include him in any settlement +that might be made. It was impossible to lay down any definite +lines on which to negotiate on behalf of Dr. Jameson, as the Reform +Committee were still in complete ignorance of his reasons for +starting; but it was considered fairer and more reasonable to assume +that he had started in good faith and that the two messengers who had +been sent to stop him had not reached him, and to act accordingly. +However awkward a predicament he had placed the Johannesburg people +in, they accepted a certain moral responsibility for him and his +actions and decided to make his safety the first consideration.</p> + +<p>Late on Tuesday night the Collector of Customs at Johannesburg +informed members of the Reform Committee that he had received a +telegraphic despatch from the Pretoria head office notifying the +suspension of all duties on various articles of food. It will be +remembered that this relief was prayed for by the representative +bodies of mining and commerce on the Rand several weeks before the +outbreak and that the Government had replied that they were unable +during the recess to deal with the matter as the legislative power +and the power of levying and remitting duties had been taken from the +Executive by the Volksraad some time previously. It will also be +remembered that the Government acted on this hint as to the +necessities of the community in a wholly unexpected way by granting a +monopoly for the free importation of grain to a favoured individual +of their party in Pretoria. It is not wonderful therefore that the +notification conveyed by the Collector of Customs was received with +considerable derision, and the opinion was expressed that it would +have redounded more to the credit of the Government's honesty and +intelligence had they remitted the duties when first petitioned +instead of doing so at the last moment hastily and ungracefully—so +to speak, at the point of the bayonet.</p> + +<p>On Wednesday morning, whilst the deputation were engaged in +negotiations with the Government Commission, a telegram was received +by the Reform Committee in <a id="pg.153"></a>Johannesburg from Sir Jacobus de Wet, +the British agent, conveying the following proclamation of the High +Commissioner:</p> + +<div class="quoted"> + +<p>Whereas it has come to my knowledge that certain British subjects, +said to be under the leadership of Dr. Jameson, have violated +the territory of the South African Republic, and have cut +telegraph-wires, and done various other illegal acts; and whereas the +South African Republic is a friendly State, in amity with Her +Majesty's Government; and whereas it is my desire to respect the +independence of the said State;</p> + +<p>Now, therefore, I hereby command the said Dr. Jameson and all persons +accompanying him to immediately retire from the territory of the +South African Republic, on pain of the penalties attached to their +illegal proceedings; and I do further hereby call upon all British +subjects in the South African Republic to abstain from giving the +said Dr. Jameson any countenance or assistance in his armed violation +of the territory of a friendly State.</p> +</div> + +<p>A reply was immediately sent to the British Agent stating that the +Reform Committee were not aware of the reasons which prompted Dr. +Jameson to start, but that as he was coming to their assistance, +presumably in good faith, they felt morally bound to provide for him, +and they therefore urged the British Agent most strongly to spare no +effort in forwarding the proclamation to Dr. Jameson so that he might +be aware of the action taken by the Imperial Government and might +turn back before any conflict should take place between his and the +Boer forces. The Committee offered to forward the despatch themselves +if facilities of passport were given.</p> + +<p>A full meeting of the Committee was immediately convened in order to +consider this new complication of the case, and the following +telegram was approved and sent at 11.15 a.m., addressed to the +Deputation of the Reform Committee, care of Her Majesty's Agent, +Pretoria:</p> + +<div class="quoted"> + +<p>Meeting has been held since you started to consider telegram from +British Agent, and it was unanimously resolved to authorize you to +make following offer to Government. Begins: 'In order to avert +bloodshed on grounds of Dr. Jameson's action, if Government will +allow Dr. Jameson to come in unmolested, the Committee will guarantee +with their persons if necessary that he shall leave again peacefully +within as little delay as possible.'<a href="#fn.22" class="fnmark">{22}</a></p> +</div> + +<p><a id="pg.154"></a>The Committee well realized the fatal results of Dr. Jameson's +invasion under the circumstances, and much as their position had been +injured and complicated by his action, it was felt that it would +still be better to get rid of the foreign element which he +represented and to fight the battle out under such conditions as +might arise without any assistance than to let things go from bad to +worse through further action on Dr. Jameson's part.</p> + +<p>No reply had been received from the High Commissioner to the +telegrams urging him to come up in person. Mr. Cecil Rhodes had +telegraphed that he was urgently pressing the High Commissioner to +come, but that he had received no assurances as yet from him. During +Wednesday Messrs. Leonard and Hamilton telegraphed that the former +had seen the High Commissioner, who had declined to move unless +invited by the other side; they were using every effort to induce him +to move but no reliance could be placed upon him. They further +advised that in their strong opinion a reasonable compromise should +be effected, and that it was most vital to avoid offence. Mr. F.H. +Hamilton, who was one of the first associated with the movement, +finding then that nothing more could be done and feeling that his +proper place was with his comrades, refused to remain longer and +returned to Johannesburg, arriving there after Dr. Jameson's +surrender.</p> + +<p>Two and a half days had now elapsed since Dr. Jameson started, and +the Committee were still without word or sign from him as to his +having started or the reason which prompted him to do so. None knew +better than Dr. Jameson himself the difficulties and magnitude of the +task which he had set the Reform Committee when he struck his camp at +Pitsani and marched into the Transvaal. None knew better than he that +with the best luck and all the will and energy in the world it would +hardly be possible to do as much as place the town in a position of +defence. Every hour some explanation or some message was expected +from him, something to throw a little light on his action; but +nothing ever came, and the Committee were left to act in the dark as +their judgment or good fortune might lead them.</p> + +<p>The deputation which had been sent to Pretoria met the <a id="pg.155"></a>Government +Commission at noon on Wednesday. The Commission consisted of Chief +Justice Kotzé (Chairman), Judge Ameshof, and Executive Member Kock. +There was a Government shorthand clerk present. Before the business +of the meeting was gone into, at the request of the Chief Justice +the deputation consented to minutes of the interview being taken, +remarking that as they were dealing with the Government in good faith +they had nothing to conceal. It may be well to mention that at the +meeting of Messrs. Malan and Marais with the Reform Committee the +question was raised as to the attitude of the Government towards the +deputation which it was suggested should be sent to Pretoria. Someone +remarked that the Government were quite capable of inducing the +deputation to go to Pretoria, having them arrested as soon as they +got there, and holding them as hostages. Messrs. Marais and Malan +both scouted the idea and stated positively that the Executive +Council had formally acknowledged to them that they were negotiating +with the Reform Committee in good faith, and that negotiations would +of course be carried on in a decent manner as between two civilized +parties in arms. These little incidents have a peculiar interest now +in view of the treachery practised by the Government by means of the +negotiations with the deputation.</p> + +<p>Mr. Lionel Phillips as spokesman detailed at length the position of +affairs in Johannesburg, citing the grievances and disabilities under +which the Uitlander population existed. He pointed out that year +after year the Uitlanders had been begging and petitioning for +redress of these grievances, for some amelioration of their +condition, for fair and uniform treatment of all the white subjects +of the State, and for some representation in the Legislature of the +country, as they were entitled by their numbers and their work and +their property to have; yet not only had a deaf ear been turned to +all their petitions, but the conditions were actually aggravated year +by year and, instead of obtaining relief, there was a marked increase +in the burdens and disabilities imposed. He informed the Commission +that the Manifesto fairly represented the views of the Reform +Committee and the people of Johannesburg; that, whilst they were +determined to have <a id="pg.156"></a>their rights, they recognised that it might not +be possible to obtain complete redress at once, and they were +prepared to accept what they might consider a reasonable instalment +of redress. He stated that Dr. Jameson had remained on the borders +of the Transvaal with an armed force by a written arrangement with +certain of the leaders, and that he was there to render active +assistance should the community be driven to extremes and require his +assistance; but as to his present action the Committee could throw no +further light upon it, as they were in ignorance of his reason for +starting; they could only assume that he had done so in good faith, +probably misled by rumours of trouble in Johannesburg which he +thought he had sufficient reason to believe. He added that so far +from being invited by the Committee, messengers had actually been +sent to prevent him from moving, but that it was not known to the +Committee if these messengers had reached him or if the telegrams +which had been sent with a like purpose had ever been delivered to +him, and that consequently the Committee preferred to believe that he +had come in in good faith and thinking the community to be in dire +need, and for this reason the people of Johannesburg were resolved to +stand by him.</p> + +<p>In the course of the discussion, Executive Member Kock remarked: 'If +you have erected fortifications and have taken up arms, you are +nothing but rebels.' Mr. Phillips replied: 'You can call us rebels if +you like. All we want is justice, decent treatment, and honest +government; that is what we have come to ask of you.' Mr. Kock +thereupon remarked that the deputation spoke as though they +represented Johannesburg, whereas for all the Government knew the +Reform Committee might be but a few individuals of no influence; and +he asked if they could be informed as to who constituted that body. +The deputation gave certain names from memory and offered to +telegraph for a full list. The reply came in time to be handed to the +Government and it constituted the sole piece of evidence ever +obtained as to who were members of the Reform Committee. After +hearing the statement of Mr. Phillips the Chief Justice informed the +deputation that the Commission were not <a id="pg.157"></a>empowered to arrange +terms, but were merely authorized to hear what the deputation had to +say, to ascertain their grievances and the proposed remedies, and to +report this discussion to the Government. Taking up certain points +referred to by Mr. Phillips, the Chief Justice asked whether the +Johannesburg people would consent to lay down their arms if the +Government granted practically all the reforms that were asked. +Mr. Phillips replied in the affirmative, adding that after +enfranchisement the community would naturally be privileged to take +up arms again as burghers of the State. The Chief Justice asked on +what lines it was proposed that the franchise should be granted. The +deputation replied that the community would be quite content if the +Government would accept the principle, leaving the settlement of +details to a Commission of three persons—one to be appointed by +each party, and the third to be mutually agreed upon.</p> + +<p>The meeting was adjourned at noon until 5 p.m., and in the meantime +the deputation telegraphed to the Reform Committee in Johannesburg +the substance of what had taken place, stating among other things +that they had explained the arrangements with Dr. Jameson. That such +a message should be sent through the Government telegraph-office at a +time when every telegram was read for the purpose of obtaining +information as to what was on foot is further proof (if proof be +needed) that the 'revelations' as to the connection between Dr. +Jameson and the Reformers, which were brought out with theatrical +effect later on, were not by any means a startling surprise to the +Government, and were in fact well known to them in all essential +details before the first encounter between the Boers and Dr. Jameson +had taken place. The significance of this fact in its bearing upon +Dr. Jameson's surrender and the after-treatment of the Reform +prisoners should not be lost sight of.</p> + +<p>The adjourned meeting between the Government Commission and the +Reform Committee deputation took place at 5 p.m., when the Chief +Justice intimated to the deputation that they had reported to a full +meeting of the Executive Council all that had taken place at the +morning meeting, and that the Executive had authorized them to hand +to <a id="pg.158"></a>the deputation in answer a resolution, the substance of which +is given hereunder:</p> + +<div class="quoted"> + +<p>The High Commissioner has offered his services with a view to a +peaceful settlement. The Government of the South African Republic +have accepted his offer. Pending his arrival, no hostile step will be +taken against Johannesburg provided Johannesburg takes no hostile +step against the Government. In terms of a certain proclamation +recently issued by the State President the grievances will be +earnestly considered.</p> +</div> + +<p>It is impossible to give the exact wording of the minute because the +original document was inadvertently destroyed and all applications to +Government for a copy were met at first by evasions and finally by +point-blank refusal. The document was required as evidence in the +trial of the Reform prisoners and every effort was made to secure an +exact copy. As a last resource the above version, as sworn to by a +number of men who had seen the original document, was put in. The +Government were informed that if a true copy of the original +resolution as recorded in the Minute Book of the Executive Council +were not supplied for the purposes of evidence in the trial the +prisoners would hand in the version given above. No reply was +received to this, and the State Attorney acting on behalf of the +Government admitted the version here given in the statement put in by +the prisoners. It is clear therefore that if this version errs in any +respect it cannot at all events be to the disadvantage of the +Government or they would assuredly have objected to it and have +produced the resolution itself.</p> + +<p>On receipt of the above resolution the deputation inquired whether +this offer of the Government's was intended to include Dr. Jameson. +The Chief Justice replied that the Government declined to treat about +him as he was a foreign invader and would have to be turned out of +the country. The deputation thereupon handed in the telegram from the +Reform Committee, already quoted, offering their persons as security, +and pointed out that this was the most earnest and substantial +guarantee that it was possible to offer that the Committee had not +invited Dr. Jameson and had no desire to destroy the independence of +the State. The Commission in reply stated that the proclamation of +the High <a id="pg.159"></a>Commissioner was being forwarded to Dr. Jameson from +various quarters, and that he would inevitably be stopped. In reply +to the statement by the deputation that they were not empowered to +accept terms which did not explicitly include Dr. Jameson but would +report to headquarters and reply later on, the Chief Justice stated +that the Government required no answer to the resolution handed to +them. This was in fact <i>their</i> answer, and if the people of +Johannesburg observed the conditions mentioned therein there would +be no further trouble, but if they disregarded them they would be +held responsible for whatever followed. The deputation returned to +Johannesburg fully convinced that the grievances would be redressed +and a peaceful settlement arrived at through the mediation of the +High Commissioner, and that Dr. Jameson would inevitably obey +the latter's proclamation and leave the country peacefully on +ascertaining that there was no necessity for his intervention on +behalf of the Uitlanders.</p> + +<p>Not only did the Government supply the deputation with the minute in +writing already quoted, but they also instructed the local officers +of Johannesburg to make public their decision to avail themselves of +Sir Hercules Robinson's services. It will be observed that the +notification published in Johannesburg is not so full as the +Executive minute handed to the deputation in Pretoria, but the spirit +in which it was given and accepted is shown by the following notice +issued by the Reform Committee embodying the official statement:</p> + +<div class="quoted"> + +<p class="centered">REFORM COMMITTEE.</p> + +<p class="centered">NOTICE.</p> + +<p>The Government have handed us a written reply this afternoon (January +1), stating they have agreed to accept the offer of the High +Commissioner to go to Pretoria to assist the Government in preventing +bloodshed, and then the representations of the Committee will be +taken into serious consideration. The communication referred to is as +follows:</p> + +<p>'The Government of the South African Republic have accepted the offer +of the High Commissioner to come to Pretoria.</p> + +<div class="closer"> + (Signed) J. L. VAN DER MERWE, <i>Mining Commissioner.</i> + J. F. DE BEER, <i>Judicial Commissioner.</i> + CARL JEPPE, <i>Member of the First Volksraad,</i> + <i>Johannesburg.</i> + A. H. BLECKSLEY, <i>Commandant Volunteers.</i></div> + +<p><a id="pg.160"></a>Desirous as the Committee has always been to obtain its objects +without the shedding of blood and incurring the horrors of civil war, +the opportunity of achieving its aims by peaceful means is welcome.</p> + +<p>The Reform Committee desires that the public will aid them with the +loyalty and enthusiasm which they have shown so far in the +maintenance of its organization, and will stand firm in the cause of +law and order and the establishment of their rights.</p> + +<div class="closer"> +By order of the Committee.</div> +</div> + +<p>This notice was published in the local press, and also distributed as +a leaflet in Johannesburg.</p> + +<p>More than this! At one o'clock on Wednesday President Kruger had sent +for Sir Jacobus de Wet and requested him to transmit to the Reform +Committee the following message: 'I desire again to invite your +serious attention to the fact that negotiations are going on between +Mr. Chamberlain and His Honour the President. I am convinced the +Government is prepared to meet any committee or deputation at any +time to discuss matters. In view of this and of negotiations with Mr. +Chamberlain I advise you to follow a constitutional course.' That +telegram was framed at President Kruger's request and approved by him +before being transmitted.</p> + +<p>A great deal has been said about the impolicy, and even the bad +faith, of the Johannesburg people in concluding an armistice which +did not include Dr. Jameson. From the above account it is clear in +the first place that every effort was made to provide for his safety, +and in the next place that no armistice was concluded. Certain terms +were offered by the Government which it was open to the Committee to +either accept or reject or ignore, as they might decide later on. In +plain English, the Committee were as free after the negotiations as +they had been before. They gave no undertaking to abstain from +hostile action; they simply received the offer of the Government. +Whether they complied with those conditions as a matter of +cold-blooded selfish policy, whether they simply selected an easy way +out of a difficult position, or whether they complied with the +conditions solely because they were not in a position to do anything +else, it is open to every man to decide for himself; but it does not +seem fair, in face of the fact that they were <i>not</i> able to do +anything else, to impute the worst motives of all for the course +which they eventually took.</p> + +<p><a id="pg.161"></a>On the return of the deputation to Johannesburg a report of what had +taken place was given to a full meeting of the Reform Committee. +Divers opinions were expressed as to what was the right course to +take, but eventually all were agreed that, as the first duty of the +Committee was undoubtedly to protect the town and the unarmed section +of the community, as they could not afford to send a single man out +of the place, as there was no reason to suppose that Dr. Jameson +required or would welcome any assistance, and as it seemed certain +that he would be stopped by the High Commissioner's proclamation and +turned back, it would be nothing short of criminal madness to adopt +any aggressive measures at that stage.</p> + +<p>It does not appear to have occurred to many of the hostile critics of +the Reform Committee to consider what might have happened when they +are judging what actually took place. Dr. Jameson had invaded the +country with less than 500 men. It must be clear from this that it +was not his intention to conquer the Transvaal. It must have been and +indeed it was his idea that it would be impossible for the Imperial +Government to stand passively by and witness the struggle between its +own subjects preferring legitimate and moderate claims and a corrupt +and incompetent Boer Government. Intervention of one sort or another +he certainly expected—either material help in the shape of British +troops, or the intervention of the High Commissioner to effect a +peaceful settlement. By the false step which evoked the High +Commissioner's proclamation he had forfeited all claim to the support +on which he reckoned. It was reasonable to suppose therefore that, on +the receipt of the proclamation ordering him to return and calling on +all British subjects to abstain from assisting him, he would realize +the consequences of his mistake. He would also learn from the Reform +Committee's messengers (that is, assuming that he did not know it +already) that the Johannesburg people neither required nor wished for +his intervention, and he would elect to leave the country in +accordance with the High Commissioner's mandate rather than continue +a course which, with the opposition of the British Government added +to that of the Boer Government, must inevitably end in disgrace and +disaster. This was the <a id="pg.162"></a>conclusion arrived at in the Reform +Committee room; and it was then considered what would be the position +of the Johannesburg people if, in defiance of the High Commissioner's +proclamation and in violation of the terms offered by the Transvaal +Government, they should adopt aggressive and wholly futile measures +in aid of Dr. Jameson, only to find that he himself had obeyed the +proclamation and had turned back.</p> + +<p>No man in his senses would have anticipated Dr. Jameson's continuing +his march after receipt of the proclamation and full information as +to the wishes and position of the Johannesburg people. But, apart +from this, it was the opinion of military men, such as Colonel +Heyman, who had been sent in by Dr. Jameson, and who were present at +the meetings of the Reform Committee, that it would not be possible +for the Boers to stop him, and that it would require a very large +force indeed to cope with a body of men so well trained, well +equipped, and well led as his were thought to be. It would moreover +need extraordinary luck and management on the Boers' side to get +together any considerable force in time to intercept him before he +should reach Johannesburg. It may be added that the opinion expressed +by these gentlemen is still adhered to. They say that, properly led, +Jameson's force should have got in without firing a shot, and that, +properly handled, they should not have been stopped by a much greater +number of Boers. However this is as it may be.</p> + +<p>It has been stated, and the statement has gained considerable +credence, that the very train which brought the deputation back to +Johannesburg after their negotiations with the Government also +brought a detachment of the State artillery with field-pieces and +a plentiful supply of ammunition to reinforce the Boers, who were +then in position to intercept Dr. Jameson, and it has further been +suggested that the obvious course for the Reform Committee to have +taken was to break up the line and to stop trains passing out towards +Krugersdorp, also to seize the telegraph and railway offices. Such +action would have been perfectly futile. As a matter of fact the +artillery and ammunition were sent direct from Pretoria by waggon, +and not through <a id="pg.163"></a>Johannesburg at all.<a href="#fn.23" class="fnmark">{23}</a> Any such action as the +seizing of the telegraph and railway offices would have been useless +in itself, if intended to aid Jameson's force, and would of course +have been a declaration of war on the part of the Committee against +the Transvaal Government, a declaration which they were not able to +back up by any effective measures. A partially successful attempt +was made to blow up the line between Johannesburg and Krugersdorp by +individuals who thought that they would be rendering a service to the +cause, and who did not stop to calculate the full effects of their +action.</p> + +<p>During the afternoon of Wednesday, while the deputation were still +engaged in negotiation with the Government Commission, the messenger +despatched by Sir Jacobus de Wet, British Agent in Pretoria, to +deliver the High Commissioner's proclamation to Dr. Jameson, arrived +in Johannesburg, and applied at the Reform Committee rooms for an +escort through the lines of defence, showing at the same time the +passport given him by the Commandant-General to pass him through the +Boer lines. It was immediately decided to take advantage of the +opportunity in order to bring further pressure to bear upon Dr. +Jameson to induce him to leave the country peacefully, and to make +finally and absolutely sure that he should realize the true position +of affairs. Mr. J. J. Lace, a member of the Reform Committee, +volunteered to accompany the messenger to explain to Dr. Jameson the +state of affairs in Johannesburg and to induce him to return while +there was yet a chance of retrieving the position. On the return of +the deputation this action of the rest of the Committee was cordially +approved and was found to be in entire accord with the attitude taken +up by them in their dealings with the Government.</p> + +<p>If any evidence were needed as to the sincerity and singleness of +purpose of the Committee, the action taken by the deputation in +Pretoria and the rest of the Committee in <a id="pg.164"></a>Johannesburg, whilst +acting independently of each other and without any opportunity of +discussing matters and deciding upon a common line, should be +sufficient. If the Committee as a whole had not been following an +honest and clearly-defined policy they would have inevitably come to +grief under such trying circumstances. As a matter of fact, the steps +taken during Wednesday by the two sections acting independently were +wholly in accord.</p> + +<p>In the course of the day it became known that Dr. Jameson had caused +to be published the letter of invitation quoted in another chapter, +and from this it was clear to those who knew the circumstances under +which the letter was given that he had deliberately started in +violation of the agreement entered into, that he had thrown +discretion to the winds, and decided to force the hands of the +Johannesburg people. The result of this was that among the leaders it +was realized that Dr. Jameson was playing his own hand with complete +indifference to the consequences for others; but the vast majority of +the Rand community could not possibly realize this, and were firmly +convinced that the invading force had come in in good faith, +believing the community to be in extreme peril.</p> + +<p>In sensational matters of this kind it is very often the case that a +single phrase will illustrate the position more aptly than chapters +of description. It is unfortunately also the case that phrases are +used and catch the ear and survive the circumstances of the time, +carrying with them meanings which they were never intended to convey. +In the course of the events which took place in the early part of the +year many such expressions were seized on and continually quoted. +Among them, and belonging to the second description above referred +to, is the phrase 'Stand by Jameson.' It was never used in the sense +of sending out an armed force to the assistance of Dr. Jameson, +because it was recognized from the beginning that such a course was +not within the range of possibility. The phrase was first used in +the Executive Council Chamber when the deputation from the Reform +Committee met the Government Commission and Mr. Lionel Phillips +explained the nature of the connection between the Johannesburg +people and the invading force. After showing that the Rand community +were not responsible for <a id="pg.165"></a>his immediate action, and after +acknowledging that he was on the border with the intention of +rendering assistance if it should be necessary, he said that the +Uitlanders nevertheless believed that, owing to circumstances of +which they were ignorant, Dr. Jameson had started in absolute good +faith to come to their assistance, and for that reason they were +determined to stand by him. For that reason they offered their +persons as security for his peaceful evacuation of the country—a +course which was then, and is still, deemed to be 'standing by him' +in as effective and practical a manner as it was possible for men in +their position to do.</p> + +<p>The reproach levelled at the Reform Committee by members of the +Transvaal Government ever since the surrender of Dr. Jameson is +that, whilst professing not to support hostile action against the +State, and whilst avowing loyalty to the Republic, the people of +Johannesburg did not give the logical and practical proof of such +loyalty that the Government were entitled to expect; that is, they +did not take up arms to fight against the invaders. It is scarcely +necessary to say that such a preposterous idea never entered the +minds of any of the Uitlanders. When all is said and done, blood is +thicker than water, alike with the Uitlanders as with the Boers. The +Boers have shown on many occasions that they elect to side with their +kin on the promptings of their heart rather than support those whom +their judgment shows them to be worthy of their assistance. Had the +Uitlanders been sufficiently armed there can be no question that +rightly or wrongly they would have sided with Jameson, and would have +given him effective support had they known that he needed it. Had he +ever reached Johannesburg the enthusiasm would have been wild and +unbounded, and, however much the cooler heads among the community +might realize that such a partial success might have proved a +more serious misfortune than the total failure has been, no such +considerations would have weighed with the community in general; and +the men who were aiming at practical and lasting good results, rather +than cultivating popular enthusiasm, would have been swept aside, and +others, more in accord with the humour of the moment, would have +taken their places.</p> + +<p>It is useless to speculate as to what would have happened <a id="pg.166"></a>had Dr. +Jameson reached Johannesburg. The prestige of success might have +enabled him, as it has enabled many others, to achieve the apparently +impossible and compel the acceptance of terms which would have +insured a lasting peace; but as Johannesburg had neither arms +nor ammunition, especially the latter, commensurate with the +requirements of anything like severe fighting, even for a single day, +and as the invading force had not more than enough for its own +requirements, it is difficult to conceive that anything but disaster +could have followed.</p> + +<p>Throughout the troubles which followed the invasion it was not the +personal suffering or loss which fell to the lot of the Johannesburg +people that touched them so nearly as the taunts which were unjustly +levelled at them for not rendering assistance to Dr. Jameson. The +terms, 'cowards,' 'poltroons,' and 'traitors,' and the name of +'Judasburg,' absolutely undeserved as they were known to be, rankled +in the hearts of all, and it was only by the exercise of much +self-denial and restraint that it was possible for men to remain +silent during the period preceding Dr. Jameson's trial. Extremely +bitter feeling was roused by the tacit approval given to these +censures by the officers of the invading force, for their continued +silence was naturally construed to be tacit approval. 'Not once,' +said one of the Reformers, 'has a single member of Dr. Jameson's +party come forward and stated that the imputations on the Reformers +were undeserved; yet we gave them the benefit of every doubt, and +tried throughout to screen them, whilst all the time the Doctor and +at least three of his companions knew that they had started to "make +their own flotation." That is not cricket.'</p> + +<p>It has been urged on behalf of Dr. Jameson that he could not have +been asked to state prior to his trial that he never expected or +arranged for help from Johannesburg—that his case was already a +sufficiently difficult one without embarrassing it with other +people's affairs. Yet it was noted in Johannesburg that, when a +report was circulated to the effect that he had started the invasion +on the instructions of Mr. Cecil Rhodes, he and another officer of +his force wrote jointly to the English papers to say that there was +no truth whatever in the statement. The consequences of taking upon +himself <a id="pg.167"></a>the responsibility for initiative in this way, while he +had yet to undergo his trial, were far more serious than would have +followed a simple statement to the effect that injustice was being +done to the Rand community in the charges of cowardice laid against +it. It was felt then, and the feeling has not in any way abated, +that Dr. Jameson regarded the fate and interests of the people of +Johannesburg with indifference, looking upon them merely as pawns +in a game that he was playing. It was only Mr. Rhodes who took an +opportunity to say that 'the Johannesburg people are not cowards; +they were rushed.'</p> + +<p>The general public did not know the circumstances under which Dr. +Jameson had agreed to remain on the frontier. They did not know that +telegrams and messengers had been despatched to stop him, nor was it +felt advisable to inform them of these steps at a time when matters +had seemingly gone too far to be stopped. It was considered that any +statement of that kind put forth at that particular juncture would +simply tend to create a panic from which no good results could +accrue, and that, as Dr Jameson had cast the die and crossed his +Rubicon, as little as possible should be done needlessly to embarrass +him. Suggestions were continually being made, and have been and are +still being frequently quoted, to the effect that a force should be +sent out to create a diversion among the Boer commandoes in Jameson's +favour. Suggestions were made by men who had not the remotest idea of +the resources at the command of the Committee, or who did not stop to +think of what might have happened had Johannesburg been depleted of +its armed force, and so left at the mercy of a few hundred Boers. +There were always, as there will always be, men prepared for any +reckless gamble, but this course was most earnestly considered time +after time by the Committee when some fresh suggestion or development +seemed to warrant a reconsideration of the decision already arrived +at not to attempt any aggressive measures. Finally the matter was by +common consent left in the hands of Colonel Heyman, an officer who +has rendered distinguished service in South Africa, and whose +reputation and judgment were acknowledged by all. This course was the +more readily agreed to since <a id="pg.168"></a>Colonel Heyman was by none more +highly thought of than by Dr. Jameson himself. The decision given by +him was that the invading force, properly led, drilled and equipped +as it was, was a far stronger body than the entire force enrolled +under the Reform Committee, and that it would require a very large +force indeed of burghers to stop it. If Dr. Jameson had thought that +he would need help there had been ample time for him to send a fast +mounted messenger to Johannesburg. He had not done so; and it was +therefore to be presumed that as he had taken upon himself the +responsibility of invasion he was prepared for all contingencies; +but, apart from this, the force available in Johannesburg, which +would be in a few days a very good one behind earthworks, was at that +moment utterly unfit to march out in the open. It would in its then +condition, and with no equipment of field-pieces, be liable to be +annihilated by a relatively small number of Boers before it should +reach Dr. Jameson. It was decided, however, that, should fighting +take place within such distance from the town that men could be taken +from the defences without endangering the safety of the town, a force +should be taken out at once.</p> + +<p>Fault has repeatedly been found with the military organization in +Johannesburg for not having been well served by an Intelligence +Department, and for not knowing from day to day what the whereabouts +and position of Dr. Jameson's forces were.</p> + +<p>The reply to this is that the Johannesburg people had only two days +in which to look after themselves and protect themselves in the +crisis in which Dr. Jameson's action had plunged them; that as a +matter of fact strenuous efforts were made to establish communication +with the invading force; that the Intelligence Department—which, +considering how short a time was available for its organization, was +by no means unsatisfactory—was employed in many directions besides +that in which Dr. Jameson was moving; that some success was achieved +in communicating with him, but that the risks to be taken, owing to +the imperative necessity of saving time at almost any cost, were +greater than usual and resulted in the capture of eight or ten of the +men employed in the endeavour to communicate with Dr. Jameson alone; +<a id="pg.169"></a>and finally, that since he had seen fit to violate all the +arrangements entered into and dash into the country in defiance of +the expressed wishes of the people, whom he was bent on rescuing +whether they wished to be rescued or not, the least that could be +expected of him and of his force was that they should acquaint +themselves with the road which they proposed to travel and take the +necessary steps to keep the Johannesburg people posted as to their +movements.</p> + +<p>It has been urged by a prominent member of the invading force—not +Dr. Jameson—that since the force had been kept on the border for +some weeks with the sole object of assisting Johannesburg people when +they should require assistance, the very least that they were +entitled to expect was that someone should be sent out to show them +the road and not leave them to go astray for want of a guide. To this +it was replied that a force which had been, as they stated, on the +border for several weeks with the sole object of invading the country +by a certain road, had ample time, and might certainly have been +expected to know the road; and as for relieving Johannesburg in its +necessity, the argument might have applied had this 'necessity' ever +arisen; but since the idea was to force the hands of the Reformers, +the latter might fairly regard themselves as absolved from every +undertaking, specific or implied, which might ever have been made in +connection with the business. But at that time the excuse had not +been devised that there had ever been an undertaking to assist +Jameson, on the contrary it was readily admitted that such an idea +was never entertained for a moment; nor can one understand how anyone +cognizant of the telegram from Dr. Jameson to Dr. Rutherfoord +Harris—'We will make our own flotation by the aid of the letter +which I shall publish'—can set up any defence at the expense of +others.</p> + +<p>By Wednesday night it was known that Major Heany had passed through +Mafeking in time to join Dr. Jameson's force, and that, bar some +extraordinary accident, Captain Holden must have met Dr. Jameson on +his way, since he had been despatched along the road which Dr. +Jameson would take in marching on Johannesburg; and if all other +reasons did not suffice to assure the Committee that Dr. Jameson +would not <a id="pg.170"></a>be relying on any assistance from Johannesburg the +presence of one or other of the two officers above mentioned would +enable him to know that he should not count upon Johannesburg to give +him active support. Both were thoroughly well acquainted with the +position and were able to inform him, and have since admitted that +they did inform him, that he should not count upon a single man +going out to meet him. Captain Holden—who prior to the trial of +Dr. Jameson and his comrades, prompted by loyalty to his chief, +abstained from making any statement which could possibly embarrass +him—immediately after the trial expressed his regret at the unjust +censure upon the Johannesburg people and the charges of cowardice and +bad faith which had been levelled against them, and stated that he +reached Pitsani the night before Dr. Jameson started, and that he +faithfully and fully delivered the messages which he was charged to +deliver and earnestly impressed upon Dr. Jameson the position in +which the Johannesburg people were placed, and their desire that he +should not embarrass them by any precipitate action.</p> + +<p>Before daybreak on Thursday, January 2, Bugler Vallé, of Dr. +Jameson's force, arrived in the Reform Committee room and reported +himself as having been sent by the Doctor at about midnight after the +battle at Krugersdorp on Wednesday. He stated that the Doctor had +supplied him with the best horse in the troop and sent him on to +inform Colonel Rhodes where he was. He described the battle at the +Queen's Mine, Krugersdorp, and stated that the force had been obliged +to retreat from the position in which they had fought in order to +take up a better one on higher ground, but that the position in which +they had camped for the night was not a very good one. When +questioned as to the exact message that he had been told to deliver +he replied, 'The Doctor says, "Tell them that I am getting along all +right, but they must send out to meet me."' He was asked what was +meant by 'sending out to meet him.' Did it mean to send a force out? +Did he want help? His reply was, 'No; the Doctor says he is getting +along all right, but you must send out to meet him.' The messenger +was keenly questioned upon this point, but adhered to the statement +that the force was getting along all right and would be in early in +the <a id="pg.171"></a>morning. Colonel Rhodes, who was the first to see the +messenger, was however dissatisfied with the grudging admissions and +the ambiguous message, and expressed the belief that 'the Doctor +wants help, but is ashamed to say so.' Acting promptly on this +conviction, he despatched all the mounted men available (about 100) +under command of Colonel Bettington, with instructions to ascertain +the whereabouts of Dr. Jameson's force, and if possible to join them.</p> + +<p>This was done without the authority of the Committee and in direct +opposition to the line already decided upon. It was moreover +considered to be taking a wholly unnecessary risk, in view of the +fact that an attack upon the town was threatened by burgher forces on +the north-west side, and it was immediately decided by a number of +members who heard of Colonel Rhodes' action to despatch a messenger +ordering the troop not to proceed more than ten miles from the town, +but to reconnoitre and ascertain what Dr. Jameson's position was, +with the reservation that, should it be found that he actually needed +help, such assistance as was possible should of course be given him. +As a matter of hard fact it would not have been possible for the +troop to reach Dr. Jameson before his surrender, so that the action +taken upon the only message received from the invading force had no +practical bearing upon the results.</p> + +<p>At daybreak on Thursday morning Mr. Lace and the despatch rider sent +by the British Agent to deliver the High Commissioner's proclamation +and the covering despatch were passed through the Dutch lines under +the authority of the Commandant-General, and they delivered the +documents to Dr. Jameson in person. In reply to Sir Jacobus de Wet's +appeal Dr. Jameson said, 'Tell Sir Jacobus de Wet that I have +received his despatch; and that I shall see him in Pretoria +to-morrow.' Mr. Lace briefly informed him of the position, as he had +undertaken to do. The presence of a Boer escort and the shortness of +the time allowed for the delivery of the messages prevented any +lengthy conversation. Dr. Jameson made no comment further than to +say, 'It is too late now,' and then asked the question, 'Where are +the troops?' to which Mr. Lace replied, 'What troops do you mean? We +know nothing about troops.' It did not occur to Mr. Lace <a id="pg.172"></a>or to +anyone else that he could have meant 'troops' from Johannesburg. With +the receipt of Dr. Jameson's verbal reply to the British Agent's +despatch-carrier the business was concluded, and the escort from the +Boer lines insisted on leaving, taking with them Mr. Lace and the +despatch-rider. He offered no further remark.</p> + +<h4>Footnotes for Chapter V</h4> + +<p><span id="fn.22">{22}</span> The telegram originally read 'within twenty-four hours,' but +it was considered impossible to guarantee the time exactly, and the +alteration as above given was made, the word 'within' being +inadvertently left standing instead of 'with.'</p> + +<p><span id="fn.23">{23}</span> Captain Ferreira, at one time in command of the guard over the +Reformers, informed the writer that he had formed one of the cavalry +escort. 'It is a good story,' he said, 'but what fools we would have +been to send our guns shut up in trucks through a hostile camp of +20,000 armed men—as we thought—round two sides of a triangle +instead of going by the shorter and safe road.'</p> + +<div class="sectionheader"> +<a id="pg.173"></a> +<h3>CHAPTER VI.</h3> + +<h3>THE INVASION.</h3> +</div> + +<p>From the evidence on the trial at bar of Dr. Jameson and his +comrades, it appears that about 20th October, 1895, orders were given +to the Matabeleland Border Police to move southward. After this, +further mobilization of other bodies took place and during the first +week in December there collected at Pitsani Potlogo the body of men +from whom Dr. Jameson's invading column was afterwards selected. For +three weeks the men were continuously drilled and practised in all +warlike exercises and thoroughly prepared for the enterprise which +their leaders had in view. On Sunday, December 29, at about three in +the afternoon, the little force was paraded and Dr. Jameson read to +them the letter of invitation quoted in a previous chapter. He is +alleged by certain witnesses to have said that he had just received +this and that they could not refuse to go to the assistance of their +countrymen in distress, and he confidently appealed to the men to +support him. He said that he did not anticipate any bloodshed at all. +They would proceed by forced marching straight through to +Johannesburg, and would reach that town before the Boers were aware +of his movements, and certainly before they could concentrate to stop +him. It has been alleged by some witnesses that the men of the +Bechuanaland Border Police who advanced from Mafeking under the +command of Colonel Grey and Major Coventry were not so fully informed +as to their destination and the reasons for the movement until they +were actually in marching order to start. It would appear however +from the general summary of the evidence and from the reports of <a id="pg.174"></a> +the men who took part in the expedition, that they were informed that +the destination of the force was Johannesburg, that the object was to +render assistance to their countrymen in that town who were being +grossly misruled by the Transvaal Government and were at that time in +grievous straits and peril through having endeavoured to assert their +rights and obtain the reforms for which they had so long been +agitating, and that the immediate reason for marching was the receipt +of an urgent appeal from Johannesburg citizens, which appeal (the +letter of invitation) was duly read to them. In reply to questions as +to whether they were fighting under the Queen's orders, they were +informed that they were going to fight for the supremacy of the +British flag in South Africa. A considerable proportion of the men +declined to take part in the enterprise, and it is probably largely +due to defections at the last moment that the statement was made that +700 men had started with Dr. Jameson, whereas it appears that only +480 ever left the Protectorate.</p> + +<p>The following is a portion of the Majority Report of the Select +Committee on the Jameson Raid appointed by the Cape House of +Assembly:</p> + +<div class="quoted"> + +<p>On the 26th December there was a sudden check. On the afternoon of +that day Colonel Rhodes telegraphs to Charter, Capetown, 'It is +absolutely necessary to postpone flotation. Charles Leonard left last +night for Capetown.' Messages to the same effect were sent from Mr. +S.W. Jameson to his brother, and from Dr. Harris for the Chartered +Company to Dr. Jameson, the latter concluding: 'So you must not move +till you hear from us again. Too awful. Very sorry.'</p> + +<p>As to the nature of the hitch that occurred, there is some light +thrown on it by the statement from Mr. S.W. Jameson to his brother +that any movement must be postponed 'until we have C.J. Rhodes' +absolute pledge that authority of Imperial Government will not be +insisted on,' a point that is further alluded to in Telegram No. +6,537 of Appendix QQ of the 28th December.</p> + +<p>Whatever the exact nature of the obstacle was, there can be no doubt +that some at least of the Johannesburg confederates were much alarmed +and took all possible steps to stay proceedings.</p> + +<p>In addition to urgent telegrams special messengers were sent to +impress on Dr. Jameson the necessity for delay. One of these, Captain +Holden, made his way across country.</p> + +<p>According to Mr. Hammond's evidence Holden arrived at Mafeking on the +28th December, and went in with the column.</p> + +<p>The other messenger was Captain Maurice Heany, who left Johannesburg +on the 26th December, and on the 27th telegraphed from Bloemfontein +to Charter, Capetown, informing them that 'Zebrawood' (Colonel +Rhodes) had asked him to 'stop "Zahlbar" (Dr. Jameson) <a id="pg.175"></a>till Heany +sees him,' and asking that a special train might be arranged for him. +Dr. Harris replied to Kimberley on the 28th informing him that a +special train was arranged, and added, 'lose no time or you will be +late.'</p> + +<p>It is in evidence that this special train was provided by the +Chartered Company, that Heany left by it, caught up the ordinary +train at Vryburg, and that he reached Mafeking at 4.30 a.m. on +Sunday, the 29th.</p> + +<p>The evidence is that he was coming with an urgent message to stop Dr. +Jameson; that on his arrival at Mafeking he waked up Mr. Isaacs, a +local storekeeper, and purchased a pair of field boots and a +kit-bag, and proceeded by special cart to Pitsani; and that he +subsequently on the same evening accompanied Dr. Jameson on his +inroad and was captured at Doornkop.<a href="#fn.24" class="fnmark">{24}</a></p> + +<p>On the 27th, after receiving the discouraging telegrams mentioned +above from Johannesburg, Dr. Jameson telegraphed to Harris, Charter, +Capetown, 'I am afraid of Bechuanaland Police for cutting wire. They +have now all gone forward, but will endeavour to put a stop to it. +Therefore expect to receive telegram from you nine to-morrow morning +authorizing movements. Surely Col. F.W. Rhodes advisable to come to +terms at once. Give guarantee, or you can telegraph before Charles +Leonard arrived.' This doubtless alludes to the necessity for +guarantee mentioned in the message from S.W. Jameson, and the +alternative suggestion was that authority to proceed should be given +before the arrival of the Johannesburg delegate at Capetown.</p> + +<p>Two hours later on the same day he sends another message of the +utmost importance. He informs Harris, Charter, Capetown, as follows: +'If I cannot, as I expect, communicate with Bechuanaland Border +Police cutting, then we must carry into effect original plans. They +have then two days for flotation. If they do not, we will make our +own flotation with help of letter, which I will publish.'</p> + +<p>On the same day Dr. Jameson telegraphed to his brother in +Johannesburg as follows: 'Guarantee already given, therefore let J.H. +Hammond telegraph instantly all right.'</p> + +<p>To this Mr. Hammond sent a most positive reply absolutely condemning +his proposed action.</p> + +<p>As bearing upon the attitude of the force at Pitsani, it may be noted +that on the same day that the foregoing correspondence was taking +place, Mr. A. Bates was despatched from Mafeking into the Transvaal +with instructions from Major Raleigh Grey to collect information and +meet Dr. Jameson <i>en route.</i> He was supplied with a horse and money, +and seems to have done his best to carry out instructions.</p> + +<p>Early the next day Dr. Jameson telegraphed to Harris, Charter, +Capetown: 'There will be no flotation if left to themselves; first +delay was <a id="pg.176"></a>races, which did not exist; second policies, already +arranged. All mean fear.<a href="#fn.25" class="fnmark">{25}</a> You had better go as quickly as possible +and report fully, or tell Hon. C.J. Rhodes to allow me.'</p> + +<p>The reply to this was: 'It is all right if you will only wait. +Captain Maurice Heany comes to you from Col. F.W. Rhodes by special +train to-day.' And, again, two hours later, Dr. Harris for the +Chartered Company telegraphs: 'Goold Adams arrives Mafeking Monday, +and Heany, I think, arrives to-night; after seeing him, you and we +must judge regarding flotation, but all our foreign friends are now +dead against it and say public will not subscribe one penny towards +even with you as a director—Ichabod.'</p> + +<p>Still on the same day two further telegrams to Dr. Jameson were sent +from Capetown, almost together, of a strongly discouraging tenour. +One of them concludes by saying 'we cannot have fiasco,' and the +other informs Dr. Jameson that Lionel Phillips anticipates complete +failure of any premature action.</p> + +<p>On the same day Dr. Harris informs Colonel Rhodes at Johannesburg +that, 'Have arranged for Captain Maurice Heany; Dr. Jameson awaiting +Capt. Maurice Heany's arrival. Keep market firm.'</p> + +<p>And later:</p> + +<p>'Charles Leonard says flotation not popular, and England's bunting +will be resisted by public. Is it true? Consult all our friends and +let me know, as Dr. Jameson is quite ready to move resolution and is +only waiting for Captain Heany's arrival.'</p> + +<p>A few hours later Dr. Jameson telegraphs to Harris, Charter, +Capetown: 'Received your telegram Ichabod <i>re</i> Capt. Maurice Heany. +Have no further news. I require to know. Unless I hear definitely to +the contrary, shall leave to-morrow evening and carry into effect my +second telegram (Appendix QQ, No. 06365) of yesterday to you, and it +will be all right.'</p> + +<p>On the next morning, Sunday the 29th, Heany arrived at Mafeking, and +after making the purchases detailed above, left by special cart for +the camp at Pitsani, where he probably arrived about eight o'clock +a.m. At five minutes past nine Dr. Jameson telegraphed to Harris, +Charter, Capetown: 'Shall leave to-night for the Transvaal. My reason +is the final arrangement with writers of letter was that, without +further reference to them, in case I should hear at some future time +that suspicions have been aroused as to their intention among the +Transvaal authorities, I was to start immediately to prevent loss of +lives, as letter states. Reuter only just received. Even without my +own information of meeting in the Transvaal, compel immediate move +<a id="pg.177"></a>to fulfil promise made. We are simply going to protect everybody +while they change the present dishonest Government and take vote from +the whole country as to form of Government required by the whole.'</p> +</div> + +<p>The force took with them provisions for one day only, relying on the +commissariat arrangements made on their behalf by Dr. Wolff <i>en +route.</i> They were well mounted and armed with Lee-Metford carbines, +and took with them eight Maxims, two seven-pounders and one +twelve-pounder. In order to facilitate quick movement no heavy +equipment was taken, and but little spare ammunition. The vehicles +attending the column were six Scotch carts and one Cape cart. The +total distance to be covered was about 170 miles to Johannesburg, or +150 miles to Krugersdorp. The start was made from Pitsani shortly +after 5 p.m., and marching was continued throughout the night. The +force consisted of about 350 of the Chartered forces under Colonel +Sir John Willoughby, Major in the Royal Horse Guards; the Hon. H. F. +White, Major 2nd Battalion Grenadier Guards; Hon. R. White, Captain +Royal Welsh Fusiliers; Major J. B. Tracey, 2nd Battalion Scots +Guards; Captain C. H. Villiers, Royal Horse Guards; and 120 of the +Bechuanaland Border Police under Major Raleigh Grey, Captain 6th +Inniskillen Dragoons, and the Hon. C. J. Coventry, Captain 3rd +Militia Battalion Worcester Regiment. The two contingents met at +Malmani at about sunrise on Monday morning, December 30. They marched +throughout that day and night and the following day, Tuesday. There +were half-hour rests about every twenty miles for rationing the men +and feeding and watering the horses, the fodder being ready for the +horses at various stores. Provisions for the men consisted of tinned +meats and biscuits. There was no lack of provisions at all; but the +men complained afterwards that they were so overcome with fatigue +from continuous marching that when they reached the resting-places +they generally lay down where they dismounted, and slept, instead of +taking the food which was ready for them. A serious fault in the +conduct of the expedition appears to have been the lack of +opportunity for rest and food afforded the men. It was contended that +the same or a higher average of speed might have been <a id="pg.178"></a>attained by +pressing on faster for spells of a few hours and allowing reasonable +intervals for rest and refreshment. Only about 130 miles had been +covered by the column during the seventy hours that they were on the +march before they were first checked by any serious opposition from +the Boers.</p> + +<p>On Monday, December 30, at about 1 p.m., Mr. F.J. Newton, Resident +Commissioner at Mafeking, received the following telegram from the +High Commissioner, Capetown, dated the same day:</p> + +<div class="quoted"> + +<p>It is rumoured here that Dr. Jameson has entered the Transvaal with +an armed force. Is this so? If so, send special messenger on fast +horse directing him to return immediately. A copy of this telegram +should be sent to the officers with him, and they should be told that +this violation of the territory of a friendly State is repudiated by +Her Majesty's Government, and that they are rendering themselves +liable to severe penalties.</p> +</div> + +<p>Mr. Newton at once addressed to Dr. Jameson and each of the chief +officers with him the following letter:</p> + +<div class="quoted"> +<div class="salutation">SIR,</div> + +<p>I have the honour to enclose copy of a telegram which I have received +from His Excellency the High Commissioner, and I have accordingly to +request that you will immediately comply with His Excellency's +instructions.</p> +</div> + +<p>Trooper J.T. White was despatched as soon as possible with the five +letters, enclosed in waterproof, with instructions to ride until he +caught up to Dr. Jameson and delivered the letters. He was stopped by +a party of armed Boers and taken before Landdrost Marais at Malmani, +where the despatches were opened and read. He was delayed for four +hours, and then allowed to proceed with an escort. On Tuesday morning +he crossed the Elands River and caught up the column at about 11 a.m. +He had ridden all night, covering about eighty miles. He alleges that +at first the officers would not take the letters, but eventually Sir +John Willoughby accepted and read his and the others followed suit. +He stated that he had been instructed to deliver the letters +personally, and to get a reply. Sir John Willoughby sent a message by +him stating that the despatches would be attended to. Shortly after +this Dr. Jameson also received a protest from the Commandant of the +Marico district against <a id="pg.179"></a>his invasion of the State, to which he +sent the following reply:</p> + +<div class="quoted"> +<div class="opener"> + <i>December 30, 1895.</i></div> + +<div class="salutation">SIR,</div> + +<p>I am in receipt of your protest of the above date, and have to inform +you that I intend proceeding with my original plans, which have no +hostile intention against the people of the Transvaal; but we are +here in reply to an invitation from the principal residents of the +Rand to assist them in their demand for justice and the ordinary +rights of every citizen of a civilized State.</p> + +<div class="closer"> + Yours faithfully<br /> + L.S. JAMESON.</div> +</div> + +<p>White states that this was about noon, and 'then the bugle sounded +and the column moved off.' The force continued advancing in much the +same way throughout Tuesday, and at 6 p.m. a skirmisher of the +advanced guard met Lieutenant Eloff of the Krugersdorp District +Police, who had been instructed by his Government to ride to +Mafeking, presumably for the purpose of getting information. He had +come with a guard of nine men, whom he had left some distance off; +advancing alone to meet the column. He states that when released +after two hours' delay he left the forces, and passing along the +Rustenburg road met a commando of some 300 Boers with whom he made a +circuit to avoid the column, and reached Krugersdorp before it did. +From this it is clear that the Boers were collecting in considerable +numbers to meet the invading force, and were moving with much greater +rapidity than their enemies.</p> + +<p>On Wednesday morning, at about 5.30, Messrs. Theron and Bouwer +(despatch riders), who had been sent by Sir Jacobus de Wet, British +Agent at Pretoria, at 1.30 p.m. on the previous day with a despatch +for Dr. Jameson, reached the column and delivered their letters, and +stated that they had been instructed to take back a reply as soon as +possible. Dr. Jameson said, 'All right; I'll give you a reply,' and +within a few minutes he handed to them the following letter:</p> + +<div class="quoted"> +<div class="opener"> + <i>January 1.</i></div> + +<div class="salutation">DEAR SIR,</div> + +<p>I am in receipt of the message you sent from His Excellency the High +Commissioner, and beg to reply, for His Excellency's information, +that I should, of course, desire to obey his instructions, but, as I +have a very large force of both men and horses to feed, and having +finished all <a id="pg.180"></a>my supplies in the rear, must perforce proceed to +Krugersdorp or Johannesburg this morning for this purpose. At the +same time I must acknowledge I am anxious to fulfil my promise on the +petition of the principal residents of the Rand, to come to the aid +of my fellow-men in their extremity. I have molested no one, and have +explained to all Dutchmen met that the above is my sole object, and +that I shall desire to return at once to the Protectorate. I am, +etc.,</p> + +<div class="closer"> + (Signed) L.S. JAMESON.</div> +</div> + +<p>At about 10.30 a.m. on the same day (January 1) two cyclists, Messrs. +Celliers and Rowland, carrying despatches from members of the Reform +Committee, met the column. The letters were received by Dr. Jameson, +and taken with him as far as Doornkop, where, upon surrender of the +force, they appear to have been torn up. With that good fortune which +seems to have followed the Boers throughout this business, these torn +fragments were picked up on the battle-field by a Boer official four +months later, having remained undisturbed during the severe rain and +wind storms of the wet season. Some portions were missing, but the +others were pieced together and produced in evidence against the +Reform prisoners. The letters are printed hereunder as they were +written, as testified by the writers, and, in the case of the first +one, by others who read it before it was despatched. The italics +represent the fragments of the letters which were never found:<a href="#fn.26" class="fnmark">{26}</a></p> + +<div class="quoted"> +<div class="salutation">DEAR DR.</div> + +<p>The rumour of massa<i>cre in</i> Johannesburg that started yo<i>u to</i> our +relief was not true. We a<i>re all</i> right, feeling intense. We have +armed a lot of men. Shall be very glad to see you. <i>We are</i> not in +possess<i>ion of the</i> town. <i>I shall send out some</i> men to<br /> +<i>You are a fine</i> fellow. Yours ever</p> + +<p>F.R.<a href="#fn.27" class="fnmark">{27}</a></p> + +<p>We will all drink a glass along <i>o</i>' you.</p> + +<p>L.P.<a href="#fn.28" class="fnmark">{28}</a></p> + +<p>31st, 11.30. Kruger has asked for <i>some of us to</i> go over and treat: +armistice for <i>24 hours agreed</i> to. My view is that they are in a +funk at Pretoria, and they were wrong to agree from here.</p> + +<p>F.R.<a href="#fn.27" class="fnmark">{27}</a></p> + +<p>DR. JAMESON.</p> +</div> + +<div class="img-container"> +<img src="images/transv01.png" width="582" height="1116" +alt="[Illustration. Caption: The above are reproductions of photographs of +the documents now in possession of the Transvaal Government. For the +report of the expert, Mr. T.H. Gurrin, as submitted to the Select +Committee of the House of Commons, see Appendix L.]"></div> + +<p>It may be noted that the tone of this correspondence does not appear +to be in accord with the attitude taken up by the <a id="pg.181"></a>Reform +Committee. The letters however were written on Tuesday the 31st, when +there was a general belief that Dr. Jameson had started in good +faith, misled by some false reports. In the second letter Colonel +Rhodes expresses the opinion that it was wrong to agree to send in +a deputation to meet the Government. This was written before the +deputation had gone to Pretoria, and clearly implies that the moral +effect of treating would be bad. The phrasing also shows that the +so-called armistice was for the purpose of treating, and not the +treating for the purpose of securing an armistice: in other words, +that the armistice would expire, and not commence, with the treating.</p> + +<p>From the evidence given by the cyclist Rowland, it appears that he +stated to Dr. Jameson that he could get 2,000<a href="#fn.29" class="fnmark">{29}</a> armed men to go out +to his assistance; and Rowland in evidence alleged further that there +was some offer of assistance in one of the despatches, and that Dr. +Jameson, in reply, said he did not need any assistance, but that if +2,000 men should come out probably the Boers would draw off. This +witness in his evidence at Bow Street also alleged that one of the +despatches expressed surprise at Dr. Jameson's movement. There is now +a complete record of these despatches. They make no allusions to +giving assistance, and the Johannesburg leaders are very clear on the +point that no promise or offer of assistance was ever made. The reply +which Dr. Jameson caused to be sent was concealed in one of the +bicycles, which were seized by the Boer authorities on the return +ride of the despatch-carriers, and was not brought to light until the +following March, when a mechanic who was repairing the broken bicycle +discovered it.</p> + +<p>The much-debated question of whether assistance was ever promised or +expected should be finally disposed of by the publication of two +documents which have not heretofore appeared in print. They are <i>(a)</i> +the reply of Dr. Jameson to Colonel Rhodes' letters, and <i>(b)</i> the +report of Mr. Celliers, the cyclist despatch-rider who took the +letter and received the reply, which report was taken down in +shorthand by the <a id="pg.182"></a>clerks in the Reform Committee room as it was +made verbally by him immediately on his return. Both these records +dispose of Mr. Rowland's statement about 2,000 men; and apart from +this it should be observed that Mr. Celliers was the messenger sent +by Colonel Rhodes and not Mr. Rowland; the latter having been later +on picked up 'for company,' was presumably less qualified to speak +about the instructions and messages than Celliers, from whom indeed +he learned all that he knew.</p> + +<p>The letter was written by Col. H. F. White in the presence of the +cyclists, and partly at the dictation of Dr. Jameson. It was in the +form of a memorandum from Col. H. F. White to Col. Frank Rhodes, and +bore no signature; but the last line was in Dr. Jameson's +handwriting, and was initialed by him. It ran as follows:</p> + +<div class="quoted"> + +<p>As you may imagine, we are all well pleased by your letter. We have +had some fighting, and hope to reach Johannesburg to-night, but of +course it will depend on the amount of fighting we have. Of course we +shall be pleased to have 200 men meet us at Krugersdorp, as it will +greatly encourage the men, who are in great heart although a bit +tired. Love to Sam, Phillips, and rest,</p> + +<div class="closer"> + L. S. J.</div> +</div> + +<p>Mr. Celliers' report—after detailing the incidents of the ride +out—runs:</p> + +<div class="quoted"> + +<p>... I reached the column between 9 and 10 o'clock. I saw Dr. Jameson +personally. He received us very well, and was very glad with the news +I brought him. He read the despatch, and asked me for full details. I +told him the strength of the Boers and the dangers he was in. I told +him that they had no guns, and all that I saw and heard that they had +during my travels. I explained to him everything in detail. The +Doctor seemed to be very brave. He told me that he had two +scrimmages, and that no damage had been done. I said to him whether +it would not be well for him to halt until we got through and sent +him some help. The Doctor said he did not think there was anything to +fear, and at the same time he did not want to go to Johannesburg as a +pirate, and it would be well for them to send some men to meet him. I +also made inquiries as to whether I could return by any other road, +but found it was impossible, and that we had to come back the same +way. I got his despatch, shook hands with him, wished us well, and +set on our journey back.</p> +</div> + +<p>The report, which is given above literally as transcribed from the +shorthand notes, concludes with an account of the <a id="pg.183"></a>return journey. +Mr. Celliers in a subsequent statement confirmed the above, +and added:</p> + +<div class="quoted"> + +<p>The impression which the Doctor gave me most certainly was that he +had never expected help and did not want it.<a href="#fn.30" class="fnmark">{30}</a></p> +</div> + +<p>The march continued on towards Krugersdorp. At one or two places a +few shots were fired by Boer pickets, and on one occasion the Maxims +of the invading force were turned on a party of some fifty Boers +ensconced in a good position. No casualties however occurred until +Krugersdorp was reached at 3 p.m. on Wednesday. A message was sent by +Sir John Willoughby to the authorities at Krugersdorp that if he +encountered any opposition he would shell the town, and he warned +them to have their women and children removed.</p> + +<p>Shortly after mid-day positions were taken up on the hills pear +Krugersdorp, and at three o'clock severe fighting took place which +lasted well on into the night. An ambush at the crushing mill and +works of the Queen's Mine was shelled and an attempt was made to +storm it by a small party of the invaders. It was unsuccessful +however, and after nightfall Dr. Jameson's force was obliged to +retreat from its position and seek a more advantageous one on higher +ground.</p> + +<p>They had suffered a reverse at the hands of a somewhat larger force +of Boers who had selected a very strong position. Firing did not +cease until 11 p.m. Here it is alleged the fatal military mistake of +the expedition was committed. No precautions had been taken to +ascertain the road. Instead of being well acquainted with the +direction to be taken the force was dependent upon a guide picked up +on the spot, a man who was never seen after the events of the +following day and is freely alleged to have been a Boer agent. It is +stated by competent judges that, had Dr. Jameson's force pushed on +during the night on the main road to Johannesburg, they <a id="pg.184"></a>would have +succeeded in reaching that town without difficulty. As it was however +they camped for the night in the direction of Randfontein and in the +early morning struck away south, attempting a big detour to avoid the +road which they had tried to force the previous night. There is but +little doubt that they were shepherded into the position in which +they were called upon to fight at Doornkop. The following description +of the Doornkop fight was written by Captain Frank Younghusband, the +correspondent of the London <i>Times</i>, who was an eye-witness:</p> + +<div class="quoted"> + +<p>Galloping over the rolling open grassy downs in search of Dr. +Jameson's force which was expected to arrive at Johannesburg at any +moment, my companion Heygate and myself saw between us two forces, +both stationary. Then one began to move away and from the regularity +of its movement we recognized that this must be Dr. Jameson's trying +to round the opposing Boer forces. We found a Boer guard holding the +only ford across the stream; so going up to the Commander we asked +for news. He, after questioning us, told us all that had occurred.</p> + +<p>He was a field-cornet from Potchefstroom, and leader of one division +of the Boers. He said that yesterday, January 1, Dr. Jameson had +attacked the Boer force at the George and May Mine, two miles +north-west of Krugersdorp, a small mining township twenty-one miles +west of Johannesburg. Fighting took place from three in the afternoon +to eleven at night, Dr. Jameson making three principal attacks, and +doing great damage with his artillery, which the Boers, having then +no guns, were unable to reply to.</p> + +<p>My informant, the Boer leader, said that both then and to-day Dr. +Jameson's men behaved with great gallantry, and he also said that +admirable arrangements had been made at Krugersdorp for nursing the +wounded on both sides.</p> + +<p>This morning the Boers took up a position at Vlakfontein, eight miles +on the Johannesburg side of Krugersdorp, on a circuitous road to the +south by which Dr. Jameson was marching. The Boers in the night had +been reinforced by men and with artillery and Maxims. Their position +was an exceedingly strong one on an open slope, but along a ridge of +rocks cropping out of it. It was a right-angled position and Dr. +Jameson attacked them in the re-entering angle, thus having fire on +his front and flank.</p> + +<p>To attack this position his men had to advance over a perfectly open +gently-sloping grassy down, while the Boers lay hid behind rocks and +fired with rifles, Maxims, and artillery upon their assailants. The +Boers numbered from 1,200 to 1,500, Dr. Jameson's force about 500, +and the position was practically unassailable.</p> + +<p>Dr. Jameson, after making a desperate effort to get through, +surrendered, and as we stood we saw his brave little band riding +dejectedly back again to Krugersdorp without their arms and +surrounded by a Boer escort.</p> + +<p>We were allowed to ride close up, but were refused permission to see +Dr. Jameson. It is therefore impossible to state his full reasons, +but it is known that he was made aware that it was impossible to send +assistance <a id="pg.185"></a>from here, and this may have influenced him in giving +up the contest when he found the enemy's position so strong that +in any case it would have been no disgrace to have been beaten by +superior numbers of such a brave foe as that Boer force which I +saw in the very position they had fought in. It was evident that +probably no one had ever started on a more desperate venture than +had this daring little force, and they gained by their gallantry the +adoration, not only of the Boer burghers who spoke to me, but of the +whole town of Johannesburg.</p> + +<p>These Boers—rough, simple men, dressed in ordinary civilian clothes, +with merely a rifle slung over the shoulder to show they were +soldiers—spoke in feeling terms of the splendid bravery shown by +their assailants. They were perfectly calm and spoke without any +boastfulness in a self-reliant way. They said, pointing to the +ground, that the thing was impossible, and hence the present result.</p> + +<p>The total loss of Dr. Jameson's force is about twenty. Major Grey +was, they said, the principal military officer, and they thought that +no officer was killed, and that the report that Sir John Willoughby +had been killed was unfounded. He and Dr. Jameson have been taken to +Pretoria.</p> +</div> + +<p>At 9.15 o'clock the white flag was put up. Sir J. Willoughby, the +officer in command of the force, then sent the following note +addressed to the Commandant of the Transvaal Forces:</p> + +<div class="quoted"> + +<p>We surrender, provided that you guarantee us safe conduct out of the +country for every member of the force.</p> + +<div class="closer"> + JOHN C. WILLOUGHBY.</div> +</div> + +<p>A reply was sent within fifteen minutes, of which the following is a +literal translation:</p> + +<div class="quoted"> + +<p>OFFICER,—Please take note that I shall immediately assemble our +officers to decide upon your communication.</p> + +<div class="closer"> + COMMANDANT.</div> +</div> + +<p>Twenty or thirty minutes later a second note was received by the +surrendering force, addressed 'John C. Willoughby':</p> + +<div class="quoted"> + +<p>I acknowledge your letter. The answer is that, if you will undertake +to pay the expense which you have caused the South African Republic, +and if you will surrender with your arms, then I shall spare the +lives of you and yours. Please send me a reply to this within thirty +minutes.</p> + +<div class="closer"> + P. A. CRONJÉ. + <i>Commandant, Potchefstroom.</i></div> +</div> + +<p>Within fifteen minutes of the receipt of this letter, Sir J. +Willoughby replied, accepting the conditions in the following terms:</p> + +<div class="quoted"> + +<p><a id="pg.186"></a>I accept the terms on the guarantee that the lives of all will be +spared. I now await your instructions as to how and where we are to +lay down our arms. At the same time I would ask you to remember that +my men have been without food for the last twenty-four hours.</p> +</div> + +<p>'The flag sent with the first message (to quote the statement made on +behalf of Sir J. Willoughby by his solicitor, Mr. B.F. Hawksley) was +sent perhaps a little earlier than 9.15. Dr. Jameson's force ceased +firing as soon as the flag was hoisted, except on the extreme right. +Messengers were sent to stop that firing, and all firing ceased +within five minutes. The Boers continued to fire for some ten +minutes, and for some time after Jameson's force had ceased. After +Sir J. Willoughby had received the first answer the State Artillery +opened fire and continued firing for at least fifteen minutes. Sir J. +Willoughby sent Colonel the Hon. H. White and Captain Grenfell to the +Commandant with a note requesting to know the reason for firing on a +flag of truce, and requesting that it might cease. Sir J. Willoughby +has no copy of the letter he wrote accepting the conditions offered +by Cronjé, but it was to the effect above given. 'Besides Cronjé, +Commandant Malan was acquainted with the terms of surrender, for +<i>after Jameson's force had given up their arms</i> Commandant Malan came +up and repudiated part of the terms, saying he would not guarantee +the lives of Jameson and the leaders, and that they would be handed +over to General Joubert, who would decide their fate.'</p> + +<p>The decision having been announced to the forces, and many of the men +having stacked their arms and dropped off to sleep where they lay in +the veld, several other commandants joined Cronjé, and an altercation +took place in the presence of the surrendered officers, Commandant +Malan of Rustenburg violently proclaiming that Cronjé had no +right to spare the lives of the force, and that it lay with the +Commandant-General and Krijgsraad (or War Council) to decide what +should be done with the prisoners. Commandant Cronjé replied that +they had surrendered to him upon certain conditions, and those +conditions had been accepted by him. In the course of the discussion, +in which several other prominent Boers joined, disapproval was +generally expressed of Cronjé's acceptance of the terms and threats +were used to Dr. Jameson <a id="pg.187"></a>in person. Eye-witnesses on the Boer +side state that Dr. Jameson declined to discuss the matter further; +he merely bowed and walked away. It may be remarked that it is not by +any means unusual for the Boers to seek to stretch to their advantage +terms which they have previously agreed upon. There can now be no +question as to the conditions of the surrender. The officer in +command on the field agreed to spare the lives of the entire force, +and it was not competent for anyone to reverse that decision or to +reopen the question. The incident is instructive, and also important +since the lives of Dr. Jameson and his men were made to play a +considerable part in President Kruger's game of magnanimity later +on.<a href="#fn.31" class="fnmark">{31}</a></p> + +<p><a id="pg.188"></a>The Johannesburg <i>Star</i> correspondent, describing the surrender, +says:</p> + +<div class="quoted"> + +<p>There were upwards of 400 altogether, and the poor fellows made a +sorry sight—tired from their long march, their privations, and the +tremendous strain of continuous engagements for nearly twenty-four +hours. Some almost slept in their saddles as they were being +escorted; and when they arrived on Krugersdorp Market Square the +scene will not soon be forgotten.</p> + +<p>The Boers freely mixed with them and talked with them. Provisions +were brought, and devoured with ravenous hunger. In many cases the +Boers gave from their own scant stock of provisions to the starving +men, for whom they expressed the utmost admiration for their +pluckiness and determination.</p> + +<p>Dr. Jameson and his principal officers, including Sir John +Willoughby, were brought in separately from the main body of the +captured troops. Although the Boers treated most of the prisoners +with consideration, they jeered somewhat when Dr. Jameson was brought +forward; but this was promptly suppressed by the Commandants. Dr. +Jameson and the officers were temporarily housed in the Court-house, +together with the other officers captured previously.</p> + +<p>A mule-waggon was brought up, fitted with mattresses. The chief +officers were despatched to Pretoria under a strong escort of Boers. +About half an hour later the rest of the prisoners were also escorted +out of the town to Pretoria, most of them on their own horses. Both +men and horses were extremely emaciated.</p> +</div> + +<p>The burgher losses were reported to have been 4 killed and 5 wounded. +The losses of Dr. Jameson's force were 18 killed and about 40 +wounded.</p> + +<p>There were also taken: 400 magazine and Lee-Metford rifles, 8 Maxims +(one spiked, or with the breach-piece gone), 4 field-pieces, 33,000 +rifle cartridges, 10 cases of Maxim cartridges, 10 cases of +projectiles, 2 sacks of projectiles, 300 cartridge-belts, 13 +revolvers, 4 mule-waggons, 5 Scotch carts, 742 horses (in which were +included the 250 horses which were captured in charge of two troopers +near Blaaubank), a full-blooded stallion (the property of Dr. +Jameson), 400 saddles, bridles etc., 38 mules with harness, 1 +telegraph instrument (probably to tap wires with), harness and other +accoutrements and instruments of war.</p> + +<p>The prisoners were treated with every consideration by their captors, +with the exception perhaps of Dr. Jameson himself, who was threatened +by some of the unruly ones and <a id="pg.189"></a>freely hissed and hooted, but was +protected by the officers in charge. It must be said of the Boers +that they acted with admirable self-restraint and dignity in a +position such as very few are called upon to face. However politic +their actions may have been in their fear of provoking conflict with +Johannesburg and the Imperial Government, however the juggling with +Dr. Jameson's life afterwards and the spurious magnanimity so freely +advertized, may detract from what they did and may tend to bring +ridicule and suspicion upon them, one cannot review the broad facts +of the Jameson invasion, and realize a position which, if only for +the moment, gave the aggrieved party unlimited scope for revenge upon +an aggressor who had not the semblance of personal wrong or interest +nor the pretext of duty to justify his action, without allowing to +the Boers that they behaved in such a manner as, for a time, to +silence even that criticism which is logically justifiable and +ultimately imperative. In so far as the invading force are concerned, +the words of Mr. A. J. Balfour aptly sum up the position: 'President +Kruger has shown himself to possess a generosity which is not the +less to be admired because it is coincident with the highest +political wisdom.'</p> + +<p>With reference to the surrender of the force, it is reasonable to +believe that the Transvaal Government, knowing how serious the +complications would be if civil war actually took place, and +believing as they undoubtedly did that Johannesburg contained upwards +of 20,000 armed men, were quite willing—indeed anxious—to secure +the surrender of Dr. Jameson's force on any terms, and that the +conditions made by Cronjé were quite in accordance with what the +highest Boer authorities would have accepted. It seems to be beyond +question also that the conditions of surrender were purposely +suppressed in order to enable the President to bargain with +Johannesburg; and, as has already been stated, such action +materially detracted from the credit due to the Transvaal Government. +This is their characteristic diplomacy—the fruit of generations of +sharpening wits against savages; and the same is called Kaffir +cunning, and is not understood at first by European people. But when +all such considerations are weighed, there is still a large balance +of credit due to the Boers for the <a id="pg.190"></a>manner in which they treated +Dr. Jameson and his invading force. It is difficult to conceive of +any people behaving better to a foe vanquished under such conditions; +indeed, it would be quite impossible.</p> + +<p>The Boers when under control of their leaders have generally behaved +in an admirable manner. It is only when the individuals, unrestrained +by those in authority, are left to exercise their power at the +dictates of their own uncurbed passions, that the horrible scenes +have occurred which have undoubtedly blemished their reputation.</p> + +<p>In connection with the Jameson raid there was one such incident—the +shooting of Trooper Black. The unfortunate man fell into the hands of +the Boers while out scouting and was taken as a prisoner to a +farmhouse near Blaaubank. There he was tied up and beaten, and it is +stated by a woman who gave him water when he was half mad with +thirst, that his face had been smashed by a blow from a rifle butt. +When unable to bear the treatment any longer Black stood up and, +tearing his shirt open, cried out, 'Don't shoot me in the back! Shoot +here! My heart's in the right place.' He was then untied and (as +alleged by Dutch witnesses) given an opportunity to escape. He +mounted his horse, but before he had gone far was shot dead. On the +appeal of Sir Jacobus de Wet the Government consented to investigate +the matter; but the Commandant in charge, Piet Grobler, when +questioned on the subject, merely replied, 'Oh, he [Black] was a very +insolent fellow. We could do nothing with him.' The man who fired the +shot despatching Black, a half-caste Boer named Graham, stated on his +return from Pretoria that he was asked no questions at the so-called +inquiry.</p> + +<p>A somewhat similar incident took place, but fortunately with less +serious results, on the way from the battle of Krugersdorp. A +well-known resident of Johannesburg had ridden out to ascertain news +of Dr. Jameson, and, arriving as the surrender took place, thrust his +way among the Boers until he reached the Doctor, where he was +arrested by the Boer authorities as a spy. Being a burgher of the +State who had been resident in the Transvaal for some sixteen or +seventeen years, he was recognized and rather harshly treated. He was +attached by a leather thong to the saddle of one of <a id="pg.191"></a>the Boer +Commandants and made to run, keeping pace with the horse. After a +spell of this treatment he was released, and the Commandant in +question offered to make a bet with him that he would not be able to +race him on horseback to the ambulance waggons a few hundred yards +off, the prisoner to take a short cut across a swamp and the +Commandant to ride round by the road. The prisoner thereupon replied, +'No, thank you, Commandant. I was in the Boer War myself and saw +several men shot by that dodge, on the pretence that they were +escaping.' The worthy Commandant thereupon drew his stirrup from the +saddle, and thrashed his prisoner with the stirrup end. After some +ten days' imprisonment under exceptionally hard conditions the +gentleman in question was released without trial.</p> + +<p>The complete success of the Boer forces against Dr. Jameson's band +has been accounted for in many ways, but undoubtedly the one reason, +if one can be selected, which enabled them to deal with the invaders, +was their ability to mobilize at short notice. And in this connection +arises the question: Did the Boers know beforehand of the intended +invasion, and were they waiting until Dr. Jameson should walk into +the trap? On behalf of the Boers it is strenuously maintained that +they had not the remotest notion of what was brewing, and that had +such an idea occurred to them they would of course have reported +matters to the High Commissioner. The President's unyielding mood +before he heard of Dr. Jameson's start, and his change afterwards, +the state of demoralization in Pretoria, the unpreparedness of the +State Artillery, and the vacillation of General Joubert, the +condition of alarm in which the President was during that night of +suspense before the surrender, when Chief Justice Kotzé sat with him +to aid and cheer, and when the old white horse stood saddled in the +stable in case Johannesburg should attack Pretoria; all point to the +conclusion that it was not all cut and dried. With a singular +unanimity, the Boers and their friends and the majority of the +Uitlanders in the Transvaal support this view; but there are on +record certain facts which are not to be ignored. Apart altogether +from the hearsay evidence of telegraphists and Boer officials in +different parts of the country, who state that they were under +<a id="pg.192"></a>orders from Government to remain at their posts day and night—that +is to say to sleep in their offices—a fortnight before the Jameson +raid took place, a significant piece of evidence is that supplied by +the Transvaal Consul in London, Mr. Montagu White, who in a letter to +the London Press stated that on December 16 he received information +as to the plot against the independence of the Republic, and that he +on that date cabled fully to President Kruger warning him of what was +in contemplation, and that the President took the necessary +precautions. Now, on December 14 it was announced in Pretoria that +the President, being greatly in need of a rest and change, was about +to undertake a tour through the country to visit his faithful +burghers. Perusal of the newspapers of the time shows that among the +Uitlanders no significance was attached to this visit. Indeed, the +Uitlander press agreed that it had become painfully evident that His +Honour required a change in order to restore his nervous system. As +nothing can better represent the opinions of the time than the +current comments of the Press, the following extracts from the +Johannesburg <i>Star</i> are given:</p> + +<div class="quoted"> + +<p>In short, His Honour is developing an ungovernable irritability and a +tendency to choleric obsessions, when the word 'Uitlander' is barely +mentioned in his presence, that are causing the greatest concern to +those around him. Only on some such grounds are explicable the raging +exclamations he is reported to have permitted himself to lately use +towards Johannesburg and the cause of reform upon which it is so +earnestly engaged. That His Honour should have been generally +credited with indulging in unconventional vernacular terms concerning +the pronouncedly loyal and hearty reception accorded to him on his +visit to the Rand Agricultural Show, seems to argue a lapse into the +habits of his youngest days, which has a direct significance in the +case of ordinary individuals, and is known by a very familiar name. +That he should tragically declare that only across his bleeding +corpse will the Uitlander ever come into his own, is merely the +extravagant and regrettable melodrama of an overheated mind. The +general desire is quite averse to encountering any stepping-stones of +that kind, and most of all averse to Mr. Kruger's taking any such +place. Our quarrel is with principles and systems, and never yet has +a note of personal vengeance been sounded whilst we have endeavoured +to compass their destruction. It is quite obvious that a little +relaxation from the cares of State, or reversion to more primitive +conditions, a freer communion with Nature—viewed from an +ox-waggon—are eminently desirable to restore His Honour's shattered +nerves.—<i>December 14, 1895.</i></p> +</div> + +<div class="quoted"> +<a id="pg.193"></a> +<h4>AT HIS POST.</h4> + +<p>His Honour the President has returned to the seat of Government. The +itinerary appears to have been somewhat prematurely cut short; but no +one is likely to so ridiculously underestimate the sterling qualities +of His Honour as to conceive the possibility of his absence when +difficulty and danger imperatively command his presence at the head +of public affairs. The conclusions which Mr. Kruger has derived from +converse with his faithful burghers are likely to remain buried in +his own breast. The outward and ostensible object of his recent tour +has been fulfilled in much the accustomed manner; that is to say, he +has discussed with apparent interest the necessity for a pont here or +a bridge there; the desirability of Government aid for tree-planting, +the trouble which the farmers experience in getting native labour, +and so forth, and so on; but we must not derive from all this +peripatetic fustian the erroneous impression that His Honour has been +vacuously fiddling on the eve of a conflagration. The real business +which took him to Lydenburg and Middelburg has no doubt been +satisfactorily accomplished. Boer sentiment has been tested in +secret, and the usual professions of fervid patriotism and of +readiness for target practice with the Uitlander as the mark have +been profusely evoked. This sub-official aspect of the itinerary has +been discreetly veiled in all the reports which have been permitted +to transpire, and the censorship thereof has been more than normally +exacting and severe; but we are from private sources left in no +manner of doubt that Mr. Kruger has been canvassing and stimulating +the Boers to be ready for any emergency, and has been metaphorically +planting a war-beacon on every hill. All scrutiny and inquiry fail to +discover that he has uttered one single word which can be described +as an emollient to the present critical situation. He has pandered +rather to the worst racial passions of the Boer, instead of using the +enormous responsibility resting upon him in the direction of +mediation. Old patriarchs—whom we cannot but respect and admire +whilst we deplore their immitigable and hopeless rancour against the +cause of the newcomer—have been permitted, apparently without +rebuke, to show their wounds to the younger and more malleable +generation in His Honour's presence, and to boast of their readiness +to receive as much more lead as they can conveniently find room for. +The tour, indeed, has been a <i>wapenschouwing</i>, with oratory of the +most dangerous and pernicious type for its accompaniment. His +Honour's contribution to this interesting display of martial ardour +has been couched, as usual, in the enigmatic form. He has spoken +another parable. A mind so fertile in image and in simile cannot have +lost much of its wonted vigour. The one he has chosen to employ on +this occasion is full of instruction, and is derived, as Mr. Kruger's +images frequently are, from the arena of natural history. When you +want to kill your tortoise, he must be artfully induced to +imprudently protrude his head beyond his thick and impregnable shell, +and then the task becomes a very easy one. This little parable was +considered good for use on more than one occasion, varied by the +addition that, if the tortoise be up to the trick, it is necessary to +sit down and wait until he does make the fatal mistake. The only +drawback to our profound intellectual delight in the parable is the +question, 'Who will be the tortoise?'—<i>December 27, 1895.</i></p> +</div> + +<p>A perusal of the German White Book shows that</p> + +<div class="quoted"> + +<p>On December 24 the German Consul in Pretoria telegraphed to the +<a id="pg.194"></a>Foreign Office that 'news from Johannesburg points to the preparation +of disturbances by the English party there, and the Government is +taking precautionary measures.' Baron von Marschall communicated this +to Sir Frank Lascelles, and, after pointing out the possible +consequence of bloodshed, emphasized once again the necessity for +maintaining the <i>status quo</i>. In reply to the German Consul in +Pretoria, the Secretary of State telegraphed a similar statement, +adding: 'Impress energetically upon the Transvaal Government that it +must most scrupulously avoid any provocation if it wishes to retain +German sympathy.'</p> +</div> + +<p>Another little light on the inside history is that afforded by Mr. +J.C. Bodenstein, Field-cornet of the Krugersdorp district, who in the +course of an interview accorded to the <i>Standard and Diggers' News</i>, +the Johannesburg Government organ, stated how he came to know of +Jameson's intended invasion. He heard that a certain young lady who +resided at Luipaardsvlei, near Krugersdorp, whose <i>fiancé</i> occupied a +good position in the Bechuanaland Border Police, had received a +letter from him at Mafeking to the effect that he intended paying her +a visit about the New Year, and that he would not be alone, as the +whole force was coming to Johannesburg. The lady proved no exception +to the alleged rule concerning secrets, and Field-cornet Bodenstein +personally assured himself of the authenticity of the report he had +heard.</p> + +<p>On Friday, December 27, a German gentleman from the Free State also +informed the Field-cornet that Dr. Jameson and his troopers might be +expected at any time. 'On hearing this confirmation of the letter,' +said Mr. Bodenstein, 'I went at once to Pretoria. I arrived there at +eleven o'clock at night, and early the next morning I saw the +President and informed him about the letter and what I had been told. +He remarked quietly: "Yes, I have heard all about it" The General +(Joubert) then said: "All right; I will send you the ammunition you +require."'</p> + +<p>In the report of the Select Committee of the Cape House of Assembly +(Blue Book A 6 of 1896, page 76) there is the evidence of the Hon. +J.A. Faure, M.L.C., which shows that he and Sir Thomas Upington, the +Attorney-General of Cape Colony, were on a visit to Johannesburg on +December 27, and heard it publicly stated that Dr. Jameson with 800 +men was on the border for the purpose of invading <a id="pg.195"></a>the Transvaal. +Mr. Faure testifies that he learned this from a very prominent Free +State Dutchman. Among others, one would suppose that the Transvaal +Government must also have heard something of it.</p> + +<p>Dr. Veale, a well-known Pretoria doctor, states that at daybreak on +Thursday, January 2, Commandant Hendrik Schoeman called on him to +secure his professional attendance for a member of his family who was +very ill. The Commandant said that he had been sent out on Monday to +watch the invading force and to ascertain their numbers, and also +stated that he had been following the troop with others for a +considerable time and that he was sure Jameson had not 800 but +between 450 and 500, as he had repeatedly counted them; that the +force was being delayed by small parties drawing it into useless +fighting and so losing time; that he himself had been obliged to come +on ahead, having been recalled on account of his wife's serious +illness, but that it made little difference as there were others to +take his place, and they had arranged not to tackle Jameson until +they had drawn him among the kopjes at Doornkop, where it would be +quite impossible for him ever to get through. This statement it +should be noted was made in Pretoria some hours before the Jameson +force surrendered at Doornkop.</p> + +<p>So certain do the Boers appear to have been, and so confident of +their ability to carry out their plans, that they stated to a +reporter of the Government newspaper that they intended to stop +Jameson at Rietspruit (Doornkop), and this statement was published in +a Johannesburg paper on the morning of January 1, but was of course +regarded as mere gossip of a piece with that which flooded the +newspapers at the time. It is only right to add that there were +numbers of other announcements at the same time which by no means +agreed with this one, and it is stated that the editor was as much +surprised as the public to find that he had been right.</p> + +<p>In reviewing the whole of the circumstances of the raid, not the most +biased and most interested of persons can withhold a tribute of +admiration to the President's presence of mind, skill, and courage in +dealing with circumstances <a id="pg.196"></a>wholly without precedent; and in quiet +moments, when recalling all that has happened, if human at all, his +Honour must indulge in a chuckle now and then to think how completely +he jockeyed everybody.<a href="#fn.32" class="fnmark">{32}</a> Not the least amusing recollection must be +that of the 'great trek' (Banjailand Trek), which his burghers +threatened to make into Mashonaland viâ Rhodes' Drift when Sir John +Willoughby gained his first experience of Oom Paul. The military +commander of Dr. Jameson's force had called on the President to add +weight to the remonstrances which were being made against the action +of the burghers in invading the Chartered territory, and the +President, playing his cards for a favourable settlement of +Swaziland, had replied that he had done all that he could, and events +must take their course. 'Tell him,' said Sir John to Dr. Leyds who +was interpreting, 'that if the trek is not stopped of course the +result will be war!' 'If it must be, let it be,' the old gentleman +answered quietly. 'Then tell him,' Sir John replied, 'that in that +case he will have to reckon with the British Army.' 'And tell <i>him</i>', +said the President, pointing placidly at his interviewer with his big +pipe, 'that I have reckoned with the British Army once before.' If +the recollection occurred to both men on January 2, it must have been +with different emotions.</p> + +<p>In dealing with President Kruger's personal attitude it is not +perhaps pertinent but, it is interesting, to recall an incident of +his earlier career—a parallel between the prisoner and the +President. Oddly enough President Kruger was a rebel and a filibuster +himself in the days of his hot youth, and one of his earliest +diplomatic successes was in securing <a id="pg.197"></a>the release and pardon of +men who, in 1857, stood in exactly the same position as the +Uitlanders whom he imprisoned.</p> + +<p>The story of the Potchefstroom revolt is little known in England, but +it is told in Theal's 'Standard History of South Africa,' and very +instructive reading it is. Dr. Hillier, of Johannesburg, one of the +Reformers, called attention just before the outbreak to the +extraordinary parallel between the revolt of Potchefstroom in 1857 +against the dominance of Lydenburg and the condition of Johannesburg +in 1895 under the despotism of Pretoria. Dr. Hillier in his pamphlet +said:</p> + +<div class="quoted"> + +<p>In 1857 the Republic north of the Vaal attained its twentieth year. +It had increased in population, and had taken on, to some extent, the +habits and mode of life of a settled community. Mr. Pretorius and his +followers began to feel that in the altered circumstances of the +State the time had arrived for a remodelling of the Constitution. +Among these followers of Pretorius, these advocates of reform, it is +interesting to find was Mr. Stephanus Johannes Paulus Kruger.</p> + +<p>Mr. Theal says:</p> + +<p>'During the months of September and October, 1856, Commandant-General +M. W. Pretorius made a tour through the districts of Rutsenburg, +Pretoria and Potchefstroom, and called public meetings at all the +centres of population. At these meetings there was an expression by a +large majority in favour of immediate adoption of a Constitution +which should provide for an efficient Government and an independent +Church.'</p> + +<p>And again, later on, we have in the words of South Africa's historian +the gist of the complaint against the then existing state of things:</p> + +<p>'The community of Lydenburg was accused of attempting to domineer +over the whole country, without any other right to preeminence than +that of being composed of the earliest inhabitants, a right which it +had forfeited by its opposition to the general weal.'</p> + +<p>Such was the shocking state of things in this country in 1856. It was +a great deal too bad for such champion reformers as Mr. Pretorius and +his lieutenant, Mr. S.J.P. Kruger, as we shall see later. Shortly +after these meetings were held, a Representative Assembly, consisting +of twenty-four members, one for each field-cornetcy, was elected for +the special purpose of framing a Constitution and installing the +officials whom it should decide to appoint.</p> + +<p>On January 5, 1857, the Representative Assembly appointed Mr. +Martinus Wessels Pretorius President, and also appointed members of +an Executive Council. The oaths of office were then taken, the +President and Executive installed, and the flag hoisted. When +intelligence of these proceedings reached Zoutpansberg and Lydenburg, +there was a violent outburst of indignation. At a public meeting at +Zoutpansberg the acts and resolutions of the Representative Assembly +at Potchefstroom were almost unanimously repudiated, and a manifesto +disowning the new Constitution and everything connected with it was +drawn up. Mr. Pretorius then issued a proclamation, deposing +Commandant-General Schoeman from all authority, declaring +Zoutpansberg <a id="pg.198"></a>in a state of blockade, and prohibiting traders from +supplying 'the rebels' with ammunition or anything else. This conduct +on the part of the new Government under Mr. Pretorius appears to me +distinctly adroit. Having taken upon themselves to remodel the entire +Constitution of the country, they turn round on the adherents of the +older Government, whom, by-the-by, they had not thought it worth +while to consult, and promptly call them 'rebels.' And so you have +this striking political phenomenon of a revolutionary party turning +on the adherents of the Government of the State, and denouncing them, +forsooth, as 'rebels.'</p> + +<p>The 'Republic of Lydenburg' then declared itself into a sovereign and +independent State. And thus two Republics, two Volksraads, two +Governments, were formed and existed simultaneously in the Transvaal. +And all this without a shot being fired, each party finding +sufficient relief to its feelings by calling the other party +'rebels.' In order to strengthen its position, the party of Pretorius +now determined on a bold stroke. They sent emissaries to endeavour to +arrange for union with the Free State. The Free State Government +rejected their overtures, but Pretorius was led to believe that so +many of the Free State burghers were anxious for this union that all +that was necessary for him to do, in order to effect it, was to march +in with an armed force. He therefore placed himself at the head of a +commando, and crossed the Vaal, where he was joined by a certain +number of Free State burghers.</p> + +<p>But Pretorius, with whom was Paul Kruger, found, like Dr. Jameson, +that he had reckoned without his host. When intelligence of this +invasion reached Bloemfontein, President Boshoff issued a +proclamation declaring martial law in force throughout the Free +State, and calling out burghers for the defence of the country. It +soon appeared that the majority of the people were ready to support +the President, and from all quarters men repaired to Kroonstad. At +this stage the Free State President received an offer of assistance +from General Schoeman, of Zoutpansberg, against Pretorius, in which +object he believed Lydenburg would also join.</p> + +<p>On May 25 the two commandoes were drawn up facing each other on +opposite banks of the Rhenoster River, and remained in that position +for three hours. Threatened from the north as well as the south +Pretorius felt his chance of success was small, and he therefore sent +out Commandant Paul Kruger with a flag of truce to propose that a +pacific settlement should be made.</p> + +<p>Here indeed is a very close parallel, but the climax is still to +come. The treaty arrived at was practically an apology on the part of +the South African Republic. Many citizens of the Free State who had +joined the northern forces moved over the Vaal after this event. +Those who remained and those who had been previously arrested were +brought to trial for high treason. One man was sentenced to death, +but the sentence was mitigated subsequently to a fine; others were +fined. These fines were again still further mitigated at the +solicitation of Messrs. Paul Kruger and Steyn, until it came to +little more than a ten-pound note apiece.</p> +</div> + +<p>There we have the story of President Kruger and his friends playing +exactly the part Dr. Jameson and the Johannesburg Reformers tried to +do. As Potchefstroom rose under Mr. Kruger against the oligarchical +rule of Lydenburg, so Johannesburg was to rise against Pretoria. The +Potchefstroom Republic under Pretorius and Kruger made a raid <i>ŕ la</i> +Jameson into the Orange Free State for political purposes, to +encourage <a id="pg.199"></a>those who were believed to be anxious to effect a +union. And just as Jameson failed against the Government of Pretoria, +so Pretorius failed against the Government of the Orange Free State. +In 1857 it was Paul Kruger not Dr. Jameson who hoisted the white +flag. The Free Staters who had tried to help Kruger's raid were +arrested just as the Johannesburgers were; but although one of them +was condemned to death all of them were released, by the intervention +of Mr. Kruger himself, on paying a slight fine.</p> + +<p>History has repeated itself indeed; but the offence of Dr. Jameson is +surely less than that of Mr. Kruger, if we are to pay heed to the +records of the Free State Volksraad, wherein it is written that on a +certain day the President stated in open Raad that proof had been +obtained of a proposed combined attack on the Free State by the +Transvaal Boers, led by Pretorius and Kruger on the one side, and the +Basutos under Moshesh on the other—a horrible and unnatural alliance +which was not effected only because Moshesh could not trust his +professed allies. The Raad thereupon publicly gave thanks to the +Almighty, Who had revealed and frustrated this 'hideous complot.'</p> + +<h4>Footnotes for Chapter VI</h4> + +<p><span id="fn.24">{24}</span> In the Report of the Select Committee of the House of Commons +the following questions and answers occur, Mr. Blake questioning and +Major Heany replying:</p> + +<p>'Having got the message you went off with it and you got in, as we +see by the evidence, as quickly as you could, and you just gave the +message as accurately as you could to Dr. Jameson?—I read the +message from my note-book absolutely accurately to Dr. Jameson.</p> + +<p>'And he did not lose much time in making up his mind?—No; he went +outside his tent. He was in a bell-tent when I arrived and he went +outside and walked up and down for about twenty minutes, and then he +came in and announced his determination.'</p> + +<p><span id="fn.25">{25}</span> In the course of the Inquiry at Westminster, Dr. Jameson +himself took occasion to explain this reference, when answering a +question put by Mr. Sidney Buxton.</p> + +<p>Knowing what you do now of the position at Johannesburg, do you think +it was within their power to send out 300 mounted men?—I cannot give +an opinion upon that; I think all their actions were perfectly <i>bonâ +fide</i>. There is one telegram here which has been brought up against +me very unpleasantly, which I wish I had never sent, where 'fear' is +imputed in the telegram as it stands here. My explanation is that I +was irritated at the time at the trouble going on, and that I used it +inadvertently, or possibly there is a mistake in deciphering the code +word; as to that I cannot tell, but I am sorry that it should appear +so in the telegram, because I never imputed fear or cowardice to +anyone in connection with anything.</p> + +<p><span id="fn.26">{26}</span> July 1899. The originals have since been photographed and +are here reproduced.</p> + +<p><span id="fn.27">{27}</span> Colonel Francis Rhodes.</p> + +<p><span id="fn.28">{28}</span> Lionel Phillips.</p> + +<p><span id="fn.29">{29}</span> (July, 1899.) Is it not probable that the deleted figures +'2,000' in Colonel Rhodes' letter (see photograph) may account +for some of the talk about 2,000 armed men?</p> + +<p><span id="fn.30">{30}</span> After the arrival in England of the officers of Dr. Jameson's +force, a report dealing with the military aspect of the expedition +was sent by Sir John Willoughby to the War Office. It has been +printed and—to a certain extent—circulated, and cannot therefore +be regarded as private. But apart from this it is a document so +peculiar—so marked by mishandling of notorious facts—that it +deserves no consideration other than it may earn on merits. It is +printed <i>in extenso</i> with notes by a member of the Reform Committee. +See <a href="#pg.411">Appendix H</a>.</p> + +<p><span id="fn.31">{31}</span> See <a href="#pg.404">Appendix G</a>. It will be noted that in his declarations +Commandant Cronjé modifies his terms very considerably. It was +impossible for any reasonable person to accept the explanation +preferred by him, that the promise to spare the lives of the +surrendered force was only to hold good until they could be handed +over to the Commandant-General. In fact, it is well known that +Commandant Cronjé only took up this attitude after an extremely +acrimonious discussion had taken place between him and Commandant +Malan—a quarrel in which they went the length of making charges +against each other in the public press of treachery and neglect of +duty whilst in the field. The Commandant Cronjé referred to here is +the same gentleman who commanded the Boer forces at Potchefstroom in +the War of Independence, and his record is an extremely unpleasant +one, his conduct of operations having earned for the Potchefstroom +commando the worst reputation of any. Apart from the execution +of several British subjects who were suspected and, on wholly +insufficient grounds, summarily shot as spies, there are the +unpleasant facts that he caused prisoners of war to be placed in the +forefront of the besieging operations and compelled them to work in +the trenches in exposed positions so that they should be—and +actually were—shot by their own comrades. There was also the +incident in which he refused to allow one or two of the ladies who +were among the beleaguered garrison, and who were then in extremely +bad health, to leave the fort to obtain such food and medical +attendance as would enable them to live. One of the ladies died in +consequence. But the incident which has more bearing on Jameson's +surrender than any other is that connected with the armistice, when +Commandant Cronjé, in defiance of treaty obligations, withheld from +Colonel Winslow and the besieged garrison the news that an armistice +had been arranged between the Boer and British forces, and continued +the siege until the garrison, in order to save the lives of the +wounded and the women and children refugees, were obliged to +surrender. It will be remembered that this incident was too much even +for Mr. Gladstone, and that on its becoming known after the terms of +peace had been settled, the Transvaal Government were required by Sir +Evelyn Wood to allow a British force to march up from Natal and +re-occupy Potchefstroom as a formal acknowledgment of Cronjé's +treachery. Mr. Kruger and his party, who were in the greatest fear +that the settlement would not be effected, and that Sir Evelyn Wood's +action might provoke a renewal of hostilities, agreed to the terms, +but with grave apprehensions as to the results. However, no +<i>contretemps</i> occurred.</p> + +<p><span id="fn.32">{32}</span> Once when out hunting on foot—a young man then—Mr. Kruger, +after climbing to the top of a kopje, found that he had been seen by +a number of hostile natives who were then running towards him, some +to climb the hill, others branching out to surround it. He knew that +those on the flat could cut him off before he could descend and that +his only chance lay in 'bluff.' Stepping on to the outermost ledge in +full view of the enemy he calmly laid down his rifle, drew off first +one and then the other of his velschoens (home-made hide shoes, in +those poorer days worn without socks) and after quietly knocking the +sand out of them drew them on again. By this time the natives had +stopped to observe him. He then picked up his rifle again, and +turning to an imaginary force behind the kopje waved to the right and +then to the left, as though directing them to charge round each end +of the hill. The next instant the Kaffirs were in full retreat.</p> + +<div class="sectionheader"> +<a id="pg.200"></a> +<h3>CHAPTER VII.</h3> + +<h3>AFTER DOORNKOP.</h3> +</div> + +<p>The news of Dr. Jameson's surrender was received in Johannesburg +towards mid-day, at first with derision, but as report after report +came in, each confirming and supplementing the other, no room for +doubt was left and a scene of the wildest excitement ensued. It is +not too much to say that not one person in a hundred, no matter what +his political leanings were, had doubted for a moment Dr. Jameson's +ability to force his way into Johannesburg. There is not the +slightest indication in the newspapers of the time, which without +doubt reflected every varying mood and repeated every rumour which it +was possible to catch from an excited people, that there was in any +man's mind a suspicion that the Boers would be able to stop the +invader. In the first place no one believed that they could mobilize +sufficiently quickly to oppose him, and in the second place, he was +understood to have a force of 800 men so admirably equipped and +trained that it would not be possible for 5,000 Boers hurriedly +called together to intercept him. All this, however, was forgotten +when it came to accounting for the disaster; or rather, the previous +convictions only added strength to the rage of disappointment. The +public by that time knew of the letter of invitation; it had been +taken on the battle-field and news of it was telegraphed in, and +apart from this the writers had made no secret of it. But what the +public did not know, and what, if they had known it, would not have +appealed with similar force, was the efforts made to stop Jameson and +the practical withdrawal of the <a id="pg.201"></a>letter before he had started. It +was sufficient for them during the few remaining hours of that day to +recall that Jameson had come in, that he had fought against great +odds, and that when almost reaching his goal he had been taken +prisoner for want of assistance. It is perfectly true that in their +rage of grief and disappointment men were willing to march out with +pick-handles to rescue him, if there were not rifles enough to arm +them. While the excitement lasted this was the mood, and the Reform +Committee were the scapegoats. The attitude of the crowd was due to +ignorance of the circumstances and natural emotion which could not be +otherwise vented. The excitement had greatly abated by the following +morning, and it was realized then that the position was practically +but little worse than that which the Reform Committee had offered +to take up when they tendered their persons as security for the +evacuation of the country by the invading force, and had proposed to +continue the struggle without their aid.</p> + +<p>The reports received by the Johannesburg people were to the effect +that the surrender had been conditional upon the sparing of the lives +of the force. Indeed the first reports agreed that Jameson upon +receipt of the High Commissioner's proclamation, had laid down his +arms; but upon the return of Mr. Lace (whose mission has been +explained) it was realized that this was not the case. A later +account showed that Jameson had surrendered to Commandant Cronjé on +the condition that the lives of all should be spared, and this +version of the surrender was published in the Johannesburg +newspapers. When further accounts were received from Pretoria and +Krugersdorp, stating that the surrender had been unconditional and +that there was grave doubt as to what would be done with Dr. Jameson, +it was surmised as an explanation that he had declined to bargain for +his own life and had merely stipulated that those of his followers +should be spared.</p> + +<p>On Friday the news that it was contemplated to shoot Dr. Jameson +caused a frenzy of horror and excitement in the town. Every effort +was made by the Reform Committee and its supporters to maintain +strictly the position which the Government had suggested through +their Commission on <a id="pg.202"></a>Wednesday, lest some untoward incident should +turn the trembling balance against Dr. Jameson and his men; nor were +the Committee alone in the desire to maintain that position. On +Friday and on Saturday communications were received from the local +Government officials, and from Commandant-General Joubert through the +British Agent, drawing the attention of the Committee to alleged +breaches of the arrangement. The allegations were satisfactorily +disproved; but the communications clearly indicated that the +Government were most desirous of maintaining the position in relation +to Johannesburg which they had laid down before the first battle with +Dr. Jameson's forces.</p> + +<p>Information was received on Thursday that the High Commissioner would +leave Capetown for Pretoria at 9 p.m. that night. It had been a +matter of surprise that, the arrangement having been entered into +with him early on Wednesday, he had not found it convenient to start +for some thirty-six hours. Considering how seriously he had +interfered with the movement—first by his proclamation, and next by +concerted action with the Government for a peaceful settlement—it +had been naturally assumed that he would not lose a moment in leaving +Capetown for the scene of trouble. Such however was not the case.</p> + +<p>It has been alleged that the arrangement made between the Transvaal +Government and the High Commissioner with a view to a peaceful +settlement bore only upon Dr. Jameson's action, and that it was not +contemplated that there should be any interference between the +Government and its own subjects in Johannesburg. In answer to this it +may be noted that the High Commissioner had in the first place +offered his services, and that those services had been declined by +the Transvaal Government; but that the latter, on realizing the +seriousness of the position which they were called upon to face, and +acting, it is stated, upon the advice of Mr. J.H. Hofmeyr, the +recognized leader of the Dutch Africanders in the Cape Colony, +reconsidered this refusal and urgently besought the High Commissioner +to go up to Pretoria and use his influence to effect a peaceful +settlement. This arrangement, together with the promise of the +redress of grievances, had been made known to the deputation of the +<a id="pg.203"></a>Reform Committee by the Government Commission in Pretoria, as has +already been stated—the Government well knowing that Johannesburg +was in arms and a party to the arrangement with Dr. Jameson.</p> + +<p>Dr. Jameson surrendered at 9.30 a.m. on Thursday. The High +Commissioner did not leave Capetown until 9 p.m. the same day. There +had therefore been ample time for the Government to intimate to him +their opinion that matters had been satisfactorily settled and that +they did not need his services any longer, had they held such an +opinion. As a matter of fact, that was by no means their opinion. +They considered that they had yet to deal with 20,000 armed men in +Johannesburg, and that they had to do that, if possible, without +provoking a civil war, which would inevitably result in the long-run +to their disadvantage, however great their success might be over the +Johannesburg people in the meantime. They not only allowed the High +Commissioner to proceed to Pretoria on the understanding originally +effected, but they took steps to remind the Reform Committee on +several occasions that they were expected to adhere to the +arrangement entered into. And such was the position when the High +Commissioner arrived on the night of Saturday, the 4th.</p> + +<p>Sir Hercules Robinson proceeded direct to Pretoria, but did not +transact any business until Monday, abstaining, in deference to the +feelings of the Boers, from any discussion of business matters on the +Sabbath. On Sunday, however, he received information from the Reform +Committee as to the arrangements entered into with the Government. He +was also informed that threats had been made by persons who without +doubt were speaking the mind of the Government, that if any trouble +should take place with Johannesburg Dr. Jameson and probably many of +his comrades would be shot. It was not stated that the Transvaal +Government or authorities would officially countenance any such act +or would authorize it even as the result of a trial; but the +statement which was made by everyone from the President downward was +that, in the event of any fighting in Johannesburg, the burghers +would be so much enraged and so beyond control that the prisoners who +had caused all the trouble <a id="pg.204"></a>would inevitably be shot. It is a part +of Boer diplomacy to make as much use as possible of every weapon +that comes to hand without too great a regard for the decencies of +government as they occur to the minds of every civilized people, and +it is not at all unusual to find the President proclaiming at one +moment that some course must be taken to prevent disaster, for the +reason that he cannot be answerable for his burghers in their excited +state, and at another moment indignantly repudiating the suggestion +that they would be guilty of any step that could be considered +unworthy of the most civilized of peoples. In fact such exhibitions +were repeatedly given by him at a later stage when dealing with the +Reform prisoners.</p> + +<p>Before any communication was received from the High Commissioner on +Monday messages had been received by the members of the Reform +Committee to the effect that the laying down of arms would be +absolutely necessary to ensure the safety of Jameson and his men. The +Reform Committee had then learnt that the two messengers sent to stop +Dr. Jameson—Major Heany and Captain Holden—had reached him, and had +come in with him, and were at that moment prisoners with him in +Pretoria. They had also heard of the reception accorded to Sir +Jacobus de Wet's despatch and the High Commissioner's proclamation, +so that it was abundantly clear that the incursion had been made in +defiance of the wishes of the leaders, whatever other reasons there +might have been to prompt it. But the public who constituted the +movement were still under the impression that Dr. Jameson was a very +fine fellow who had come in in a chivalrous manner to help those whom +he had believed to be in distress. There was however no division of +opinion as to what should be done; even those who felt most sore +about the position in which they had been placed did not hesitate for +a moment. The first and for the time being the only consideration was +the safety of Dr. Jameson and his comrades.</p> + +<p>The events and negotiations of the days preceding the arrest of the +Reformers have been the subject of so much discussion and so much +misunderstanding that it will be better as far as possible to compile +the history from original documents or the published and properly +authenticated copies. In Blue Book [C. 7,933] the following is +published:</p> + +<div class="quoted"> +<a id="pg.205"></a> +<p class="centered"> +SIR HERCULES ROBINSON (Pretoria) to MR. CHAMBERLAIN.</p> + +<p class="centered"> +(<i>Telegraphic. Received 1.8 a.m., 6th January, 1896.</i>)</p> + +<p><i>5th January</i>. No. 3.—Arrived here last night. Position of affairs +very critical. On side of Government of South African Republic and of +Orange Free State there is a desire to show moderation, but Boers +show tendency to get out of hand and to demand execution of Jameson. +I am told that Government of South African Republic will demand +disarmament of Johannesburg as a condition precedent to negotiations. +Their military preparations are now practically complete, and +Johannesburg, if besieged, could not hold out, as they are short of +water and coal. On side of Johannesburg leaders desire to be +moderate, but men make safety of Jameson and concession of items in +manifesto issued conditions precedent to disarmament. If these are +refused, they assert they will elect their own leaders and fight it +out in their own way. As the matter now stands, I see great +difficulty in avoiding civil war; but I will do my best, and +telegraph result of my official interview to-morrow. It is said that +President of South African Republic intends to make some demands with +respect to Article No. 4 of the London Convention of 1884.</p> +</div> + +<div class="quoted"> + +<p class="centered"> +MR. CHAMBERLAIN to SIR HERCULES ROBINSON.</p> + +<p class="centered"> +(<i>Telegraphic. January 6, 1896.</i>)</p> + +<p><i>6th January</i>. No. 3.—It is reported in the press telegrams the +President of the South African Republic on December 30 held out +definite hopes that concessions would be proposed in regard to +education and the franchise. No overt act of hostility appears to +have been committed by the Johannesburg people since the overthrow of +Jameson. The statement that arms and ammunition are stored in that +town in large quantities may be only one of many boasts without +foundation. Under these circumstances, active measures against the +town do not seem to be urgently required at the present moment, and I +hope no step will be taken by the President of the South African +Republic liable to cause more bloodshed and excite civil war in the +Republic.</p> +</div> + +<p>These are followed in the same volume by No. 89:</p> + +<div class="quoted"> + +<p class="centered"> +SIR HERCULES ROBINSON (Pretoria) to MR. CHAMBERLAIN.</p> + +<p class="centered"> +(<i>Telegraphic. Received 7th January, 1896.</i>)</p> + +<p><i>6th January</i>. No. 2.—Met President South African Republic and +Executive Council to-day. Before opening proceedings, I expressed on +behalf of Her Majesty's Government my sincere regret at the +unwarrantable raid made by Jameson; also thanked Government of South +African Republic for the moderation shown under trying circumstances. +With regard to Johannesburg, President of South African Republic +announced decision of Government to be that Johannesburg must lay +down its arms unconditionally as a precedent to any discussion and +consideration of grievances. I endeavoured to obtain some indication +of the steps that would be taken in the event of disarmament, but +without success, it being intimated that Government of South African +Republic had nothing more to say on this subject than had been +already embodied in proclamation of President of South African +Republic. I inquired as to whether any decision had been come to as +regards disposal of prisoners, and received a reply in the negative. +<a id="pg.206"></a>President of South African Republic said that, as his burghers, to +number of 8,000, had been collected, and could not be asked to remain +indefinitely, he must request a reply, 'Yes' or 'No,' to this +ultimatum within twenty-four hours. I have communicated decision of +South African Republic to Reform Committee at Johannesburg through +British Agent in South African Republic.</p> + +<p>The burgher levies are in such an excited state over the invasion of +their country that I believe President of South African Republic +could not control them except in the event of unconditional +surrender. I have privately recommended them to accept ultimatum. +Proclamation of President of South African Republic refers to promise +to consider all grievances which are properly submitted, and to lay +the same before the Legislature without delay.</p> +</div> + +<p>On January 7 Mr. Chamberlain replied:</p> + +<div class="quoted"> + +<p>No. 1.—I approve of your advice to Johannesburg. Kruger will be wise +not to proceed to extremities at Johannesburg or elsewhere; otherwise +the evil animosities already aroused may be dangerously excited.</p> +</div> + +<p>And on the same day Sir Hercules Robinson telegraphed:</p> + +<div class="quoted"> + +<p>No. 1.—Your telegram of January 6, No. 2. It would be most +inexpedient to send troops to Mafeking at this moment, and there is +not the slightest necessity for such a step, as there is no danger +from Kimberley volunteer corps or from Mafeking. I have sent De Wet +with ultimatum this morning to Johannesburg, and believe arms will be +laid down unconditionally. I understand in such case Jameson and all +prisoners will be handed over to me. Prospect now very hopeful if no +injudicious steps are taken. Please leave matter in my hands.</p> +</div> + +<p>On Monday Sir Jacobus de Wet, acting under the instructions of the +High Commissioner, telegraphed from Pretoria to the Reform Committee, +Johannesburg, informing them that the High Commissioner had seen the +President and Executive that morning, that he had been informed that +as a condition precedent to the discussion and consideration of +grievances the Government required that the Johannesburg people +should lay down their arms; and that the Government gave them +twenty-four hours—from 4 p.m. that day—in which to accept or reject +that ultimatum. The Committee replied that it would receive their +earnest consideration.</p> + +<p>Notwithstanding the fact that such a condition had been anticipated +the ultimatum was very unfavourably received, a large number of those +present protesting that the Uitlanders were being led little by +little into a trap, that the Boers as was their wont would never keep +faith with them, that in the <a id="pg.207"></a>end they would find themselves +betrayed, and that it would be better at no matter what cost to make +a fight for it and attempt to rescue Dr. Jameson and his party. The +last suggestion was a mad one, and after some consideration, and +hearing the representations of Sir Sidney Shippard and Mr. Seymour +Fort, who had been in communication with the High Commissioner on the +previous day in Pretoria and were used by him as unofficial agents, +the matter was more calmly considered by the Committee. It was very +well realized that a struggle between Johannesburg and the Boer +forces would have been an absolutely hopeless one for those who took +part in it, but there was a determination to secure the objects for +the attainment of which the agitation had been started, and it was +believed that if a firm stand were taken, such was the justice of the +cause of the Uitlanders that the Government would not be able to +refuse definite terms as to what reforms they would introduce, +besides assuring the safety of Dr. Jameson.</p> + +<p>While the discussion was proceeding another telegram was received +from the British Agent saying that, under instructions from the High +Commissioner, he was proceeding in person to Johannesburg to meet the +Reform Committee and explain matters to them. The meeting took place +on the morning of Tuesday, and Sir Jacobus de Wet pointed out to the +Committee the perilous position in which Dr. Jameson and his comrades +were placed, owing to the hesitation of the Uitlanders to accept the +ultimatum of the Government. He read again and again the following +telegram from the High Commissioner, which had been despatched from +Pretoria early that morning and received by the British Agent in +Johannesburg when on his way to meet the Reform Committee:</p> + +<div class="quoted"> + +<p><i>Urgent</i>.—You should inform the Johannesburg people that I consider +that if they lay down their arms they will be acting loyally and +honourably, and that if they do not comply with my request they +forfeit all claim to sympathy from Her Majesty's Government and from +British subjects throughout the world, as the lives of Jameson and +the prisoners are now practically in their hands.</p> +</div> + +<p>In reply to remarks about grievances, Sir Jacobus de Wet stated that +the Uitlanders could not expect under the circumstances <a id="pg.208"></a>anything +more favourable than the discussion and consideration of the +grievances with the High Commissioner, as had been promised, and +added that, if there were any spirit of reason in the community at +all, they would be content to leave their case in the hands of so +experienced a statesman as Sir Hercules Robinson, a man whose +instinct and training were towards fair and decent government.</p> + +<p>In the course of a very long discussion, Sir Jacobus de Wet was asked +if he did not consider the Boer Government capable of an act of +treachery such as disarming the community and then proceeding to +wreak their vengeance upon those whom they might consider responsible +for the agitation. According to the evidence of a number of those who +were present, his reply was that 'not a hair of the head of any man +in Johannesburg would be touched.' The discussion was resumed at +various times and in various forms, when different groups of men had +opportunities of questioning the British Agent themselves. When +questioned again more definitely as to whether this immunity would be +extended to the leaders—those who had signed the letter—Sir Jacobus +de Wet replied again in the affirmative. To another member, who had +asked the same question in another form, he said 'Not one among you +will lose his personal liberty for a single hour. John Bull would +never allow it.' In reply to the remark, 'John Bull has had to put up +with a good deal in this country. What do you mean by "John Bull"?' +he answered, 'I mean the British Government could not possibly allow +such a thing.'</p> + +<p>It would have been an easy and no doubt a proper and reasonable +precaution had the Reformers insisted upon a statement in writing of +the terms upon which they laid down their arms. There were however +two considerations which weighed against any bargain of this sort. +The first was the overwhelming and paramount consideration of +insuring Dr. Jameson's safety; and the other was the belief (not +seriously shaken by suggestions to the contrary) that the Government +would be obliged to abide by the spirit of the terms arranged on +January 1, because the High Commissioner would insist upon it as the +vital condition under which he was endeavouring to effect the +disarmament of Johannesburg. <a id="pg.209"></a>That Sir Hercules Robinson well +realized his responsibility to the Uitlander, but found it +inconvenient or impossible to accept it at a later stage, is shown by +his own reports. On January 7 he telegraphed to Mr. Chamberlain as +follows:</p> + +<div class="quoted"> + +<p><i>Your telegram No. 3 of January 6. I need now only say that I have +just received a message from Reform Committee resolving to comply +with demand of South African Republic to lay down their arms; the +people placing themselves (? and) their interests unreservedly in my +hands in the fullest confidence that I will see justice done to them. +I have received also the following from British agent, dated 7th +January:</i></p> + +<p><i>Begins:</i> I have sent the following telegram to His Honour the +President:</p> + +<p>I have met the Reform Committee. Am gratified with the spirit shown +in the discussion of the all-important present position. The +Committee handed me the following resolution—<i>Begins:</i> The Reform +Committee in Johannesburg, having seriously considered the ultimatum +of the Government of the South African Republic communicated to them +through Her Majesty's Agent at Pretoria, in a telegram dated 6th +instant, to the effect that Johannesburg must lay down its arms as a +condition precedent to a discussion and consideration of grievances, +have unanimously decided to comply with this demand, and have given +instructions to the citizens employed by this Committee for +maintaining good order to lay down their arms. In coming to this +determination, the Committee rely upon the Government that it will +maintain law and order, and protect life and property in this town at +this critical juncture. The Committee have been actuated by a +paramount desire to do everything possible to ensure the safety of +Dr. Jameson and his men, <i>to advance the amicable discussion of terms +of settlement with the Government, and to support the High +Commissioner in his efforts in this respect</i>. The Committee would +draw the attention of the Government of the Republic to the presence +of armed burgher forces in the immediate vicinity of this town, and +would earnestly desire that these forces be removed in order to avoid +all risk of any disturbance of the public peace. <i>Resolution ends</i>. I +wish to add to my above remarks that I feel convinced there will be +no further difficulty in connection with the laying down of their +arms. I would suggest that the Government co-operate with the Reform +Committee for a day or two for the purpose of restoring the town to +its normal state. This will only take a day or two, and those who are +excited among the people will by that time have calmed down, and the +police can resume their ordinary duties. The Committee will +co-operate in this matter. This course will very much facilitate the +task of your Government if it meets with your approval. <i>Ends</i>.</p> +</div> + +<p>The High Commissioner concluded the above telegram with the following +significant sentence:</p> + +<div class="quoted"> + +<p><i>I hope now to be able to confer with President of the South African +Republic and Executive Council as to prisoners and the redress of +Johannesburg grievances</i>.</p> +</div> + +<p><a id="pg.210"></a>On the 8th he again telegraphed:</p> + +<div class="quoted"> + +<p>Referring to your telegram of the 7th inst., No. 1, I consider that +so far throughout this matter Kruger has behaved very well. He +suspended hostilities pending my arrival, when Johannesburg was at +his mercy; and in opposition to a very general feeling of the +Executive Council and of the burghers who have been clamouring for +Jameson's life, he has now determined to hand over Jameson and the +other prisoners. If Jameson had been tried here there can be no doubt +that he would have been shot, and perhaps some of his colleagues +also. The excitement of the public is now calmed down.</p> + +<p>I shall try to-day to make arrangements with Kruger as to taking over +the prisoners, and <i>I will confer with him as to redressing the +grievances of the residents of Johannesburg on the basis of your +telegram of the 4th inst. I have given Kruger a copy of that +telegram.</i>'</p> +</div> + +<p>And later on the same day:</p> + +<div class="quoted"> + +<p>Since my telegram No. 1 of this morning, matters have not been going +so smoothly. When the Executive Council met, I received a message +that only 1,814 rifles and three Maxim guns had been surrendered, +which the Government of the South African Republic did not consider a +fulfilment of the ultimatum, and orders would be immediately issued +to a commando to attack Johannesburg. I at once replied that the +ultimatum required the surrender of guns and ammunition for which no +permit of importation had been obtained, and that onus rested with +Transvaal Government to show that guns and ammunition were concealed +for which no permit had been issued. If before this was done any +hostile step were taken against Johannesburg, I should consider it to +be a violation of the undertaking for which I had made myself +personally responsible to the people of Johannesburg, and I should +leave the issue in hands of Her Majesty's Government. This had a +sobering effect, and the order for the attack on Johannesburg was +countermanded, and it was arranged that the Transvaal officials +should accompany Her Majesty's Agent to Johannesburg and point out to +him if they could where arms were concealed. Her Majesty's Agent left +at 1 p.m. to-day for Johannesburg for this purpose.</p> + +<p>The explanation of the change, I take it, is that Kruger has great +difficulties to contend with among his own people. The apparent +object is to prove that people of Johannesburg have not fulfilled the +conditions which were to precede the handing over of the prisoners +and consideration of grievances. I should not be surprised if, before +releasing the prisoners or redressing grievances, an attempt were now +made to extort an alteration of the London Convention of 1884, and +the abrogation of Article No. 4 of that instrument. <i>I intend, if I +find that the Johannesburg people have substantially complied with +the ultimatum, to insist on the fulfilment of promises as regards +prisoners and consideration of grievances</i>, and will not allow at +this stage the introduction of any fresh conditions as regards the +London Convention of 1884. Do you approve?</p> +</div> + +<p>The Reform Committee published the following official notice on +Tuesday afternoon:</p> + +<div class="quoted"> + +<p><a id="pg.211"></a>The Reform Committee notify hereby that all rifles issued for the +defence of life and property in town and the mines are to be returned +at once to the Central Office in order to enable the Committee to +carry out the agreement with the Government, upon the faithful +observance of which so much is dependent.</p> + +<p>The Committee desire to make it known that late last night they +received an intimation from Her Majesty's Agent in Pretoria to the +effect that the decision of the Government was that Johannesburg must +lay down its arms as a condition precedent to the discussion and +consideration of grievances.</p> + +<p>The Committee met this morning to consider the position, and it was +unanimously resolved to accept the ultimatum of the Government for +reasons which the following communications sufficiently explain:</p> +</div> + +<p>Here followed the High Commissioner's telegram to Sir Jacobus de Wet, +urging disarmament, already given, and the following memorandum:</p> + +<div class="quoted"> + +<p>Sir Jacobus de Wet, Her Majesty's Agent at Pretoria, has notified to +the Committee that he has been officially informed by the Government +in Pretoria that upon Johannesburg laying down its arms Dr. Jameson +will be handed over to Her Majesty's High Commissioner.</p> + +<div class="closer"> + By Order.</div> + +<div class="closer"> + Johannesburg, <i>7th January.</i><br /> + The above is correct.<br /> + J.A. DE WET,<br /> + H.B.M. Agent.</div> + +<p>The Committee can add nothing to the above, and feel that there will +not be one man among the thousands who have joined the Reform +movement who will not find it consistent with honour and humanity to +co-operate loyally in the carrying out of the Committee's decision.</p> + +<div class="closer"> + By order of the Committee.</div> +</div> + +<p>On Wednesday the investigations effected by the Government, with the +aid of the Reform Committee, established the fact that the ultimatum +had been complied with; but the juggling with Dr. Jameson's life +continued for some days. On Thursday the 9th the High Commissioner +received a communication from the President in which occurred the +following sentence: 'As I had already caused your Excellency to be +informed, it is really my intention to act in this sense (<i>i.e.</i>, +hand over Dr. Jameson and men), so that Dr. Jameson and the British +subjects who were under his command may then be punished by her +Majesty's Government, and I will make known to your Excellency the +final decision in this matter <i>as soon as Johannesburg shall have +reverted to a condition of quietness and order</i>.'</p> + +<p><a id="pg.212"></a>In the face of this and many other significant messages and +expressions which reached Sir Hercules Robinson, it is not to be +wondered at that he considered Dr. Jameson's life to be in peril, and +that he regarded, as he distinctly said he did, disarmament by +Johannesburg as the only means of saving him; but what is less +pardonable is, that he did not pin President Kruger to this, and +demand an explanation when it became known that Jameson and his men +were secured by the conditions of the surrender. The truth is that +the wily old Boer President, by a species of diplomacy which does not +now commend itself to civilized people, managed to jockey everybody +with whom he had any dealings. He is much in the position of a +certain financier who, after a vain effort to justify his +proceedings, turned at last in desperation upon his critics and said: +'Well, I don't care what view you hold of it. You can have the +morality, but I've got the cash.'</p> + +<p>Late in the evening of the 9th the following proclamation was +published:</p> + +<div class="quoted"> + +<p>Whereas by resolution of the Government of the South African +Republic, dated Monday, the 6th of January, 1896, whereby to all +persons at Johannesburg and suburbs twenty-four hours were granted to +hand over and to lay down to the Government unconditionally all arms +and ammunition for which no permit could be shown, and</p> + +<p>Whereas the said period of twenty-four hours has already expired on +Tuesday, the 7th of January, 1896, and whereas the so-called Reform +Committee and other British subjects have consented and decided to +comply unconditionally with the resolution of the Government, and</p> + +<p>Whereas sundry persons already have laid down their arms and +ammunition, and have handed them over to the Government, and</p> + +<p>Whereas the laying down and giving over of the said arms and +ammunition is still proceeding, and</p> + +<p>Whereas it is desirable and proper that this be done as soon as +possible, and in a proper way, and that a term be fixed thereto,</p> + +<p>Now I, Stephanus Johannes Paulus Kruger, State President of the South +African Republic, with the advice and consent of the Executive +Council, by virtue of Article 5 of their minutes, dated 9th January, +1896, proclaim that further time will be given for that purpose until +FRIDAY, the 10th JANUARY, 1896, at 6 p.m.</p> + +<p>All persons or corporations with whom, after the expiration of that +period, arms or ammunition will be found, for which no permit granted +by Government can be shown, will be dealt with according to law; and</p> + +<p>Whereas the laying down and handing over of the said arms and +ammunition should have been effected unconditionally,</p> + +<p>Now I further proclaim that all persons who have already laid down +and given over the said arms and ammunition, or who shall have done +so before Friday, the 10th January, 1896, at 6 p.m., shall be +exempted from all prosecution, and will be forgiven for the misdeeds +that have taken place at Johannesburg and suburbs, <i>except all +persons and corporations <a id="pg.213"></a>who will appear to be the chief +offenders, ringleaders, leaders, instigators, and those who have +caused the rebellion at Johannesburg and suburbs</i>.</p> + +<p>Such persons and corporations shall have to answer for their deeds +before the legal and competent courts of this Republic.</p> + +<p>I further proclaim that I will address the inhabitants of +Johannesburg to-morrow by a separate proclamation.</p> + +<p><i>God save Land and People.</i></p> + +<p>Given under my hand at the Government Office at Pretoria on this +Ninth Day of January, in the Year One Thousand Eight Hundred and +Ninety-six.</p> + +<div class="closer"> + S.J.P. KRUGER,<br /> + <i>State President</i>.<br /> + C. VAN BOESCHOTEN,<br /> + <i>Acting State Secretary</i>.</div> +</div> + +<p>The grim, cautious method of the President was never better +illustrated than by these proclamations and the concurrent actions. +In no part of his diplomatic career has he better stage-managed the +business than he did here. To the world at large these addresses +commend themselves no doubt as reasonable and moderate, and they +establish a record which will always speak for him when the +chronology of events is lost; but the true worth of it all is only +appreciated when one realizes that the first proclamation extending +the time for disarmament, and promising amnesty to all except the +leaders, was not issued until two days after the Government had +satisfied themselves that the disarmament had been completed, and +that it was deliberately held back until the police and burghers were +in the outskirts of the town ready to pounce upon the men with whom +they had been treating. It is an absolute fact that the Reform +Committee-men, who had offered to effect the peaceful settlement +seemingly desired by all parties, who had used every means in their +power to convince the Government that disarming was being effected in +a <i>bonâ fide</i> and complete manner, and who had themselves supplied +the Government in good faith with any documents they had showing the +number of guns and the amount of ammunition which had been at the +disposal of the Reform Committee, had not the remotest suspicion that +an act of treachery was in contemplation, nor any hint that the +Government did not regard them as amnestied by virtue of the +negotiations; and it is a fact that when the proclamation of the 9th +was issued the detectives were waiting at the clubs, hotels and +houses to arrest the members of the Reform Committee, <a id="pg.214"></a>and that +the Reformers did not know of the proclamation exempting them from +the 'Forgive and Forget' until after they had been seized.</p> + +<p>On the 10th the address promised to the inhabitants of Johannesburg +duly appeared.</p> + +<p>After reviewing recent events, it concluded with this appeal:</p> + +<div class="quoted"> + +<p>Now I address you with full confidence! Strengthen the hands of the +Government, and work together with them to make this Republic a +country where all inhabitants, so to say, live fraternally together. +For months and months I have thought which alterations and +emendations would be desirable in the Government of this State, but +the unwarrantable instigations, especially of the Press, have kept me +back. The same men who now appear in public as the leaders have +demanded amendments from me in a time and manner which they should +not have dared to use in their own country out of fear of the penal +law. Through this it was made impossible for me and my burghers, the +founders of this Republic, to take your proposals into consideration. +It is my intention to submit a draft law at the first ordinary +session of the Volksraad, whereby a municipality with a Mayor at its +head will be appointed for Johannesburg, to whom the whole municipal +government of this town will be entrusted. According to all +constitutional principles, such a municipal council should be +appointed by the election of the inhabitants. I ask you earnestly, +with your hand upon your heart, to answer me this question: Dare I, +and should I, after all that has happened, propose such to the +Volksraad? What I myself answer to this question is, I know that +there are thousands in Johannesburg to whom I can with confidence +entrust this right to vote in municipal matters. Inhabitants of +Johannesburg, make it possible for the Government to appear before +the Volksraad with the motto, 'Forget and Forgive.'</p> + +<div class="closer"> + (Signed) S.J.P. KRUGER,<br /> + <i>State President</i>.</div> +</div> + +<p>One would think that anyone gifted with even a moderate sense of +humour would have been restrained by it from issuing a second +proclamation on top of the elaborate fooling of the first. Is it +possible to imagine any other community or any other Government in +the world in which the ruler could seriously set to work to +promulgate two such proclamations, sandwiching as they did those acts +which may be regarded as the practical expression—diametrically +opposed to the published expression—of his intentions?</p> + +<p>In the meantime the negotiations concerning Dr. Jameson were dragging +on. After securing the disarmament of Johannesburg and getting rid of +the troublesome question of the disposal of Jameson, and after +refusing for several days (to quote the gist of the High +Commissioner's telegram, Blue <a id="pg.215"></a>Book No. 125 [C-7933]) to allow the +necessary arrangements for the deportation of the men to be made, Mr. +Kruger suddenly called upon the High Commissioner to have them +removed at once, intimating at the same time that it was the decision +of the Executive that all the prisoners, except the Transvaal and +Free State subjects, whom he would retain, should be sent to England +to be tried according to English law. It was pointed out that it was +only contemplated to send the officers for trial. To this Mr. Kruger +replied: 'In such case the whole question must be reconsidered.' +The High Commissioner at once telegraphed for the decision of Her +Majesty's Government, stating that it was the opinion of Sir Jacobus +de Wet and Sir Graham Bower, who had represented him at the interview +with the Transvaal Government, that, if the whole lot were not sent +home to be dealt with according to English law, they would be tried +in Pretoria, with a result which he feared would be deplorable. To +this Mr. Chamberlain replied:</p> + +<div class="quoted"> + +<p>Astonished that Council should hesitate to fulfil the engagement +which we understood was made by President with you, and confirmed by +the Queen, on the faith of which you secured disarmament of +Johannesburg. Any delay will produce worst impression here, and may +lead to serious consequences. I have already promised that all the +leaders shall be brought to trial immediately; but it would be absurd +to try the rank and file, who only obeyed orders which they could not +refuse. If desired we may however engage to bring to England all who +are not domiciled in South Africa; but we cannot undertake to bring +all the rank and file to trial, for that would make a farce of the +whole proceedings, and is contrary to the practice of all civilized +Governments. As regards a pledge that they shall be punished, the +President will see on consideration that although a Government can +order a prosecution, it cannot in any free country compel a +conviction. You may remind him that the murderers of Major Elliott, +who were tried in the Transvaal in 1881, were acquitted by a jury of +burghers. Compare also the treatment by us of Stellaland and other +freebooters.</p> +</div> + +<p>The result of this communication was that the President drew in his +horns and agreed that if the prisoners were deported to England he +would be satisfied to let the British Government decide which of them +should be prosecuted.</p> + +<p>The success of his diplomatic methods had whetted his appetite, it +would appear. He was not content with the conditional surrender of +Dr. Jameson, nor—having suppressed the fact that it was +conditional—with having used him for the <a id="pg.216"></a>purpose of disarming +Johannesburg; but, having achieved both purposes, Mr. Kruger was +still desirous of keeping him in hand. This however was a length to +which the British Government did not see fit to go; but there is no +evidence in the correspondence which has passed tending to show that +even then Sir Hercules Robinson perceived how he was being made use +of and played with by the President.</p> + +<p>On the night of the 9th and the morning of the 10th, the members of +the Reform Committee to the number of about sixty were arrested and +lodged in gaol; and from this moment the High Commissioner appears to +have erased them from the tablets of his memory. On January 14 he +telegraphed to Mr. Chamberlain as follows:</p> + +<div class="quoted"> + +<p>I have received a letter from Government of South African Republic, +stating that, in their opinion, every reason exists for assuming that +the complications at Johannesburg are approaching to an end, and that +there need be no longer any fear of further bloodshed. The President +of the South African Republic and Executive Council tender to me the +warmest thanks of the Government of the South African Republic for +the assistance I have been able to render in preventing further +bloodshed, and their congratulations on the manner in which my object +in coming has been fulfilled. They tender also their cordial +acknowledgment of the services rendered by the British Agent at +Pretoria, which I think is fully deserved. The Volksraad met +yesterday, and adjourned until May, the only business transacted +being a vote of thanks to the Orange Free State and the High +Commissioner for their efforts in promoting a peaceful settlement, +which was carried by acclamation. I now only await settlement of +prisoners' difficulty to leave for Capetown, where my presence is +urgently needed in consequence of change of Ministers. Governor of +Natal and General Cox are here, to whom I will give instructions as +to reception and disposal of prisoners as soon as I hear from you.</p> +</div> + +<p>To this Mr. Chamberlain telegraphed a most important reply on January +15:</p> + +<div class="quoted"> + +<p>I am left in great perplexity by your telegram No. 3, of the 14th +inst., and fear that some previous telegrams must have miscarried. +(Here follow directions to refer to a number of telegrams in which +Mr. Chamberlain had indicated the settlement which he anticipated, +the nature of the reforms which Sir Hercules Robinson was to secure, +and many inquiries as to the reason for the arrests of the reformers +as reported in the English papers.) I have received no reply to any +of these telegrams, but have assumed that negotiations were in +progress between the President and yourself.</p> + +<p>There can be no settlement until the questions raised by these +telegrams are disposed of. The people of Johannesburg laid down their +arms in the belief that reasonable concessions would be arranged by +<a id="pg.217"></a>your intervention; and until these are granted, or are definitely +promised to you by the President, the root-causes of the recent +troubles will remain.</p> + +<p>The President has again and again promised reform, and especially on +the 30th December last, when he promised reforms in education and +franchise; and grave dissatisfaction would be excited if you left +Pretoria without a clear understanding on these points. Her Majesty's +Government invite President Kruger, in the interests of the South +African Republic and of peace, to make a full declaration on these +matters. I am also awaiting a reply respecting the alleged wholesale +arrests of English, Americans and other nationalities, made after the +surrender of Johannesburg.</p> + +<p>It will be your duty to use firm language, and to tell the President +that neglect to meet the admitted grievances of the Uitlanders by +giving a definite promise to propose reasonable concessions would +have a disastrous effect upon the prospects of a lasting and +satisfactory settlement.</p> + +<p>Send me a full report of the steps that you have already taken with +regard to this matter, and of the further action that you propose.</p> +</div> + +<p>In the meantime Sir Hercules Robinson left Pretoria, satisfied that +he had done all that was necessary, and telegraphed to Mr. +Chamberlain as follows:</p> + +<div class="quoted"> + +<p class="centered"> +FROM THE HIGH COMMISSIONER <i>en route</i> TO CAPETOWN.</p> + +<p><i>15th January</i>, 1896. No. 1.—Your telegram 13 January, No. 1, only +reached me last night, after I had left Pretoria. I could if you +consider it desirable, communicate purport to President of South +African Republic by letter, but I myself think such action would be +inopportune at this moment. Nearly all leading Johannesburg men are +now in gaol, charged with treason against the State, and it is +rumoured that Government has written evidence of a long-standing and +widespread conspiracy to seize government of country on the plea of +denial of political privileges, and to incorporate the country with +that of British South Africa Company. The truth of these reports will +be tested in the trials to take place shortly in the High Court, and +meanwhile to urge claim for extended political privileges for the +very men so charged would be ineffectual and impolitic. President of +South African Republic has already promised municipal government to +Johannesburg, and has stated in a proclamation that all grievances +advanced in a constitutional manner will be carefully considered and +brought before the Volksraad without loss of time; but until result +of trials is known nothing of course will now be done.</p> +</div> + +<p>Mr. Chamberlain replied to the above:</p> + +<div class="quoted"> + +<p><i>15th January</i>. No. 5.—Referring to your telegram, No. 1, of the +15th January, see my telegram No. 1 of to-day, which was sent before +receipt of yours. I recognize that the actual moment is not opportune +for a settlement of the Uitlanders' grievances, and that the position +of the President of the South African Republic may be an embarrassing +one, but I do not consider that the arrest of a few score individuals +out of a population of 70,000 or more, or the supposed existence of a +plot <a id="pg.218"></a>amongst that small minority, is a reason for denying to the +overwhelming majority of innocent persons reforms which are just in +themselves and expedient in the interests of the Republic. Whatever +may be said about the conduct of a few individuals, nothing can be +plainer than that the sober and industrious majority refused to +countenance any resort to violence, and proved their readiness to +obey the law and your authority. I hope, therefore, to hear at an +early date that you propose to resume discussion with President of +South African Republic on lines laid down in my previous telegrams. I +do not see that the matter need wait until the conclusion of the +trial of the supposed plotters. I am anxious to receive the +information asked for in my telegram No. 1 of the 14th January. +Please communicate at once with the President on this matter.</p> +</div> + +<p>The following is the telegram to which allusion is made above:</p> + +<div class="quoted"> + +<p><i>14th January</i>. No. 1.—Press telegrams state numerous arrests of +leading residents on the Rand, including many Americans, Germans, and +other nationalities. Fear that number of these arrests of active +managers, representatives, may disorganize industry on the Rand. Wish +to know of what accused, when brought to trial, whether bail allowed, +and what penalities prescribed by law. Shall be glad to learn from +President of South African Republic what his intentions are in this +matter, which affects the subjects of so many States. Propose to +communicate President's reply to American and Belgian Governments, +which have already asked us to take charge of interests of their +respective citizens.</p> +</div> + +<p>Sir Hercules Robinson, replied:</p> + +<div class="quoted"> + +<p><i>15th January</i>. No. 2.—Your telegram of 14th January, No. 1. The +accused are between fifty and sixty in number, and are mostly members +of the Reform Committee. They have been arrested on charge of +treason, and of seeking to subvert the State by inviting the +co-operation and entrance into it of an armed force. The proceedings +are based, I understand, on sworn information, and the trials will +take place before High Court. The accused are being well treated, and +are represented by able counsel. It is alleged that Government has +documentary evidence of a widespread conspiracy to seize upon +Government, and make use of the wealth of the country to rehabilitate +finances of British South Africa Company. On taking leave of +President of South African Republic, I urged on him moderation as +regards the accused, so as not to alienate the sympathy he now enjoys +of all right-minded persons. Bail is a matter entirely in the hands +of Attorney-General. The Government seem acting within their legal +rights, and I do not see how I can interfere. Mines are at work, and +industry does not seem to be disorganized.</p> +</div> + +<p>While still on his way to Capetown, the High Commissioner telegraphed +to Mr. Chamberlain again in a manner indicating his complete +abandonment of the position taken <a id="pg.219"></a>up by him in relation to +Johannesburg—in fact, his repudiation of what his own words have +recorded against him:</p> + +<div class="quoted"> + +<p><i>16th January</i>. No. i.—Your telegram of 15th January, No. 1, +received. I cannot at this moment follow the complications arising +from supposed missing and crossing telegrams, but can only say that +no telegram which has reached me from you has remained unanswered.</p> + +<p>No promise was made to Johannesburg by me as an inducement to disarm, +except that the promises made in the President's previous +proclamation would be adhered to, and that Jameson and the other +prisoners would not be transferred until Johannesburg had +unconditionally laid down its arms and surrendered. I sent your long +telegram of 4th January to President; <i>but the question of +concessions to Uitlanders has never been discussed between us</i>. +Pending result of coming trials, and the extent to which Johannesburg +is implicated in the alleged conspiracy to subvert the State is made +clear, the question of political privileges would not be entertained +by Government of the South African Republic.</p> +</div> + +<p>He justified the change of policy in another communication addressed +to Mr. Chamberlain before he reached Capetown:</p> + +<div class="quoted"> + +<p><i>16th January</i>. No. 3.—Your telegram of the 15th January, No. 5. If +you will leave the matter in my hands, I will <i>resume</i> advocacy of +Uitlanders' claims at the first moment I think it can be done with +advantage; the present moment is most inopportune, as the strongest +feeling of irritation and indignation against the Uitlanders exists +both amongst the Burghers and Members of Volksraad of both Republics. +Any attempt to dictate in regard to the internal affairs of South +African Republic at this moment would be resisted by all parties in +South Africa, and would do great harm.</p> + +<p>I have already replied in my telegram of 15th January, No. 2, in +answer to your telegram of 14th January, No. 1, and I do not think it +possible to obtain further information at this stage, the matter +being <i>sub judice</i>.</p> +</div> + +<p>Sir Hercules Robinson left Pretoria on the 14th, having resided +within a few hundred yards of Dr. Jameson and his comrades for a +week, and of the Reform prisoners for four days, without making any +attempt whatever to ascertain their circumstances or story. During +that time his military secretary called upon Dr. Jameson for the +purpose of finding out details of the prisoners and wounded of the +force, but made no further inquiries. Dr. Jameson's solicitor wrote +to the Colonial Office on March 5:</p> + +<div class="quoted"> +<div class="salutation">MY DEAR FAIRFIELD,</div> + +<p>You have probably seen the cable that has come to the <i>Diggers' +News</i>, giving the lie direct to Sir John Willoughby's statement +respecting terms of surrender.</p> + +<p><a id="pg.220"></a>I have seen Sir John again, and am authorized by him to state, with +regard to the criticism that it is incredible that nothing should +have been said by the officers when in prison at Pretoria to anybody +about the terms of surrender, that it must be remembered that from +the time of the surrender until they left Africa none of them were +allowed to make any communication. While in gaol they were not +allowed to see newspapers or to receive any news of what was going on +in Pretoria or elsewhere.</p> + +<p>Sir J. Willoughby made a statement to the head gaoler and other +officials at the time of his arrival at the gaol when he was searched +and all his papers taken from him. He requested to be allowed to keep +the document signed by Cronjé, as it contained the terms of the +surrender, but received as answer that all papers must be taken and +that they would be returned afterwards. They were in fact taken and +only returned when the officers were removed from the gaol to go to +Durban.</p> + +<p>My clients did try to get a note through to Johannesburg concealed in +a matchbox. They paid twenty-five pounds to get it through, and sent +it within thirty-six hours of their arrival in gaol, but they have +never been able to ascertain whether it reached its destination.</p> + +<p>The gist of it was that they were all right. It never occurred to the +prisoners that neither the British Resident nor the High Commissioner +would be informed of the terms of the surrender, or that they would +not satisfy themselves on this point.</p> +</div> + +<p>Sir Hercules Robinson might urge, in so far as Dr. Jameson's affair +is concerned, that he could not be expected to suspect a deception +such as was practised upon him; yet it does seem extraordinary that, +being in Pretoria for the purpose of negotiating for the disposal of +Dr. Jameson and his comrades, he should not have taken steps to +ascertain what there was to be said on their behalf, especially as on +his own showing it was for the greater part of the time a question of +life and death for the leaders of the force. It is even more +difficult to understand why no effort should have been made to +communicate with the Reformers. The High Commissioner was thoroughly +well aware of the negotiations between them and the Government on +January 1. He had received communications by telegraph from the +Reformers before he left Capetown; he came up avowedly to settle +their business; he negotiated on their behalf and induced them to +disarm; he witnessed their arrest and confinement in gaol; yet not +only did he not visit them himself, nor send an accredited member of +his staff to inquire into their case and conditions, but Sir Jacobus +de Wet alleges that he actually, in deference to the wish of the +President, desired the British Agent not to hold any communication +whatever with the prisoners <a id="pg.221"></a>during his (Sir Hercules Robinson's) +stay in Pretoria. Truly we have had many examples of President +Kruger's audacity, and of the success of it; but nothing to equal +this. That he demanded from Sir Hercules Robinson information as to +the objects of the Flying Squadron and the movements of British +troops in British territory, and succeeded in getting it, was a +triumph; but surely not on a par with that of desiring the High +Commissioner not to hold communication with the British subjects whom +he, as the official representative of their sovereign, had travelled +a thousand miles to disarm, and on whose behalf—ostensibly—he was +there to negotiate.</p> + +<div class="sectionheader"> +<a id="pg.222"></a> +<h3>CHAPTER VIII.</h3> + +<h3>ARREST AND TRIAL OF THE REFORMERS.</h3> +</div> + +<p>About half of the members of the Reform Committee were arrested and +taken through to Pretoria on the night of the 9th. Others were +arrested at various times during the evening and night, were detained +in the lock-up at Johannesburg as ordinary felons, and escorted to +the Pretoria gaol on the following morning. The scene on their +arrival at Pretoria railway station and during their march to the +gaol was not creditable to the Boers. A howling mob surrounded the +prisoners, hustling them, striking them, and hurling abuse at them +incessantly. The mounted burghers acting as an escort forced their +horses at the unfortunate men on foot, jostling them and threatening +to ride them down. One of the prisoners, a man close on sixty years +of age, was thrown by an excited patriot and kicked and trampled on +before he was rescued by some of his comrades.</p> + +<p>Once within the gaol, the men were searched and locked up in the +cells, and treated exactly as black or white felons of the lowest +description. In many cases four or five men were incarcerated in +single cells 9 feet long by 5 feet 6 inches wide, with one small +grating for ventilation. At night they were obliged to lie on the mud +floor, or in some cases on filthy straw mattresses left in the cells +by former occupants. No provision was made by which they could obtain +blankets or other covering—indeed at first it was not necessary, as +the overcrowding and lack of ventilation very nearly resulted in +asphyxiation. With an inhumanity almost incredible, in one instance +one of the prisoners, suffering from fever and dysentery, was locked +up for twelve hours with four others in <a id="pg.223"></a>such a cell without any +sanitary provisions whatever. Friends in Pretoria induced the +authorities, by means not unpopular in that place, to admit a better +class of food than that allowed to the ordinary prisoners; and it is +stated that the first meal enjoyed by the Reformers cost close upon +Ł100 for introduction. Day by day fresh concessions were obtained in +a similar manner, with the result that before long the prisoners were +allowed to have their own clothing and beds and such food as they +chose to order. Nothing however could alter the indescribable +sanitary conditions, nor compensate for the fact that the cells +occupied by these men were in many cases swarming with vermin.</p> + +<p>The climate in Pretoria in January is almost tropical, and the +sufferings of many of the older and less robust men under such +circumstances were very considerable. On the eleventh day of +incarceration the majority of the prisoners were let out on bail of +Ł2,000 each; in the cases of two or three bail of Ł4,000 each was +required; but bail was refused to Colonel Rhodes, Messrs. Phillips, +Farrar, Hammond (the signatories to the letter), and J.P. +FitzPatrick, the secretary of the Reform Committee. These five +continued to occupy the undesirable premises for four weeks more, at +the end of which time, owing to the serious effect upon their health +which imprisonment under these conditions had produced, and owing to +the repeated representations within the Transvaal and from the +British Government as well, an alteration was made under somewhat +novel conditions.</p> + +<p>It was notified to the public that the Government had graciously +consented to admit the prisoners to bail. The terms, however, were +not at the time publicly announced. First and foremost it was +required of them that they should deposit Ł10,000 in sovereigns each +as security that they would not break the conditions of their altered +imprisonment. They were to reside in a cottage in Pretoria under +strong guard, and they were to pay the whole of the costs of their +detention, including the salary and living expenses of the officer +and guard placed over them. The cost, including interest upon the +money deposited, was upwards of Ł1,000 a month.</p> + +<p>The preliminary examination into the charges against the <a id="pg.224"></a>Reformers +began on February 3, and lasted about a month. It resulted in the +committal for trial, on the charge of high treason, of all those +arrested. The Imperial Government having decided to send a +representative to watch the trial on behalf of the British, American +and Belgian subjects, Mr. J. Rose Innes, Q.C., the leader of the Bar +in Cape Colony, attended on their behalf. It was intimated to the +Transvaal Government that Mr. Innes would represent the Imperial +Government; but objection was made to this on the grounds that he had +been admitted to the Pretoria Bar during the British administration, +and had failed to comply with a subsequent rule of Court which +required some sort of registration; and permission was refused to him +to address the Court. The objection was maintained, and Mr. Innes was +obliged to limit his participation in the affair to sitting at the +counsels' table and consulting and advising with the Pretoria +barristers employed to defend the prisoners.</p> + +<p>The examination was, as Dr. Coster the State Attorney announced, of +the nature of a fishing examination, and he claimed to be permitted +to conduct it in a manner which, he alleged, is popular in Holland, +but which is entirely unknown in the Transvaal, and certainly does +not obtain in any British possession. The chief feature of this +system appears to be a total disregard of the rules applying to +evidence. A few instances will suffice. One of the first witnesses +called was Judge Ameshof, who with Chief-Justice Kotzé and Mr. Kock +formed the Government Commission appointed to meet the deputation +from the Reform Committee on January 1. Judge Ameshof was duly sworn, +and was asked to identify a list of the members of the Reform +Committee. He did so. He stated that it was the list supplied to the +Government Commission at the meeting of January 1 by the deputation +of the Reform Committee, and he regarded it therefore as authentic. +The deputation had stated to the Commission that it was so.</p> + +<p>This was the first revelation of the tactics about to be pursued by +the Government, in using information which had been given under +privilege and in good faith by the prisoners themselves, when +negotiating with the Government prior to any question of arrest being +raised. Mr. Wessels, counsel for <a id="pg.225"></a>the accused, rose to obtain from +Judge Ameshof the official account of the meeting, desiring to prove +this very important negotiation by means of witnesses on the +Government side. He got no further however than saying to the +witness, 'You said you were a member of the Government Commission?' +when Judge Ameshof replied, 'Yes, but if you are going to ask me +about anything that took place at that meeting, I cannot answer, +because the meeting was a privileged one.' Mr. Wessels did not lose +his opportunity, 'You have stated,' he said, 'that you are a Judge of +the High Court?' The witness signified assent. 'And you mean to tell +me,' Mr. Wessels continued, 'that you feel yourself free to divulge +so much as it suits the Government to reveal, but that as soon as I +wish to prove something to my clients' advantage the interview +becomes privileged?' The witness did not answer, and Mr. Wessels +appealed to the Court. Judicial Commissioner Zeiler, however, upheld +the witness's contention. Mr. Wessels urged in reply that if it was a +privileged interview he objected to any evidence whatever being given +in connection with it, and protested vehemently against the admission +of the list of members just sworn to. The objection was overruled, +and it was thus laid down that the interview was privileged as far as +the Government was concerned, but not in so far as it could benefit +the Reformers.</p> + +<p>Another case was that of Mr. Schumacher, a witness who testified, +<i>inter alia</i>, that he did not know what the objects of a certain +Development Syndicate were. His evidence showed that he had not been +informed upon this point. He was very hard pressed by the State +Attorney, but he adhered to his first answer. Dr. Coster then altered +his tactics and asked, 'Had you no opinions on the subject? Did you +not guess at all?' The witness replied that he might have thought and +conjectured at various times, but that he had nothing in the nature +of information or knowledge on the point. This did not satisfy Dr. +Coster, who then pressed the question, 'Well, what did you think? +What were your thoughts?' The witness objected to state what his +thoughts were, as they could have no bearing on the fact, and might +be absolutely wide of the mark. He could only repeat that he had no +knowledge. The witness appealed to the <a id="pg.226"></a>Bench for protection. Mr. +Wessels urged that it was an unheard-of proceeding to compel a +witness to state what he thought and to use it as evidence. The +objections were again overruled, and the witness was ordered by +the Court to answer. His reply afforded no satisfaction to the +Government, being to the effect that he could not then remember what +his thoughts were at various times. On the application of the State +Attorney the Judicial Commissioner sent him to gaol for twelve hours +for contempt of court.</p> + +<p>Mr. Wessels strenuously objected to the decision and applied to the +Court to stay imprisonment to enable him to appeal to a judge in +chambers, but even this was refused. Mr. Wessels in the course of his +address received a reprimand from the Bench for stating that he now +recognized the force of the State Attorney's contention that the law +of evidence as obtaining in South Africa was not sufficiently wide; +for, he added, he thought it would suit the purpose of the Government +better if they reverted to an older system under which racks and +thumbscrews were popular.</p> + +<p>The witness was sent to gaol. Some hours later an appeal was heard by +Judge de Korté in chambers, and the decision of the Judicial +Commissioner was reversed, but the prisoner had already completed +seven hours' imprisonment in a dirty cell. Judge de Korté stated that +he had reversed the decision after consultation with Chief Justice +Kotzé, and it was felt that something at least had been achieved by +Mr. Schumacher, and the rights of a witness would be recognized. But +the end is not always in sight in dealing with the Transvaal +Government. The State Attorney in turn appealed from the single +judge's decision to the full Bench. Judge Morice, a Scotchman, many +years a judge of the High Court, supported the decision of Judge de +Korté. The Chief Justice, who had advised Judge de Korté in his +decision however in a most extraordinary judgment now reversed it, +and in this view he was supported by Judge Ameshof—himself a witness +in the case against the Reformers.</p> + +<p>Thus the majority judgment of the High Court against the Reformers on +this principle of evidence happened to be formulated by the two +judges who had been appointed to negotiate with the Reformers' +deputation on behalf of the Government.</p> + +<p><a id="pg.227"></a>The impossibility of obtaining justice in the Courts of the Transvaal +under the then conditions was thus brought home to the prisoners. An +appeal from the decision of the Lower Court on Judge Ameshof's +interpretation of privilege, which had been seriously discussed, was +then abandoned as being worse than useless, and calculated only to +provoke more extreme measures against the prisoners by placing the +Bench in a ridiculous position. It could not be expected that the +Chief Justice, who was himself a member of the Government Commission +which Judge Ameshof had claimed to be privileged, would take any +other view than that favouring the policy and convenience of the +Government which he showed himself so ready to befriend.</p> + +<p>In the Schumacher appeal case before the full Court, Dr. Coster had +made no secret that he intended to disregard the rules and precedents +governing the treatment of witnesses, and even claimed that he should +receive no opposition from the prisoners' counsel, since he was only +'<i>fishing</i>' for evidence and not actually accumulating it against the +prisoners, and had no intention of using the evidence given at this +examination. Mr. Wessels asked him whether he would pledge himself to +this effect, and what, for instance, would be done in case a witness +who had been heard at the preliminary examination should die before +the main trial came off. The reply was, that in such a case of course +the Government would be bound to use some of the evidence, but would +use it with discretion and not unfairly. This undertaking provoked +smiles even in court. The wisdom and fairness of Mr. Wessels' +contention were fully justified when the trial actually did take +place, for the whole of the evidence of the preliminary examination +was handed in for the guidance of the judge in determining his +sentences against the accused. It may be added that each witness was +called upon to sign the notes of his evidence as taken down in Dutch. +When required, the official reporter read a free translation of the +notes to the witness before they were signed.</p> + +<p>At the conclusion of the examination all the prisoners were committed +on the same charge—that of high treason—no distinction whatever +being made in the references to them from the Bench. By this time Mr. +Hammond, who had <a id="pg.228"></a>been ill, was released on bail of Ł20,000 in order +to go to the seaside.</p> + +<p>Application was made on behalf of Colonel Rhodes, Messrs. Phillips, +Farrar, and FitzPatrick for release on bail, upon the grounds that no +distinction whatever had been made between them and the other +prisoners who had already been released, but this was refused after +the point had been reserved for consideration by the State Attorney +in consultation with the Chief Justice, and the four men returned to +their former conditions of imprisonment. Mr. Chamberlain continued to +make representations on behalf of these men, and at one time it +appeared as though the restrictions would be removed, Dr. Coster +having pledged himself to accept bail, and having actually drawn out +the bail-bonds and submitted them to the solicitors of the accused +for approval, and every arrangement having been completed—even to +the finding of the additional security. They were however at the last +moment curtly informed that bail would not be allowed. On this being +reported to Mr. Chamberlain, he at once replied to the effect that he +could not believe that a Government would revoke a promise made on +their behalf by the State Attorney. Dr. Leyds, on behalf of his +Government, stated that the matter was in the hands of the State +Attorney alone and did not concern the Executive, and that on inquiry +he found that no such promise had been made and no undertaking given. +The incident is more or less trivial, but again shows the readiness +with which the Boer Government repudiate a promise when it is to +their convenience to do so. Dr. Coster on his side admitted with +expressions of regret that there had been a breach of undertaking, +and stated that it had been done by order of the Executive Council.</p> + +<p>Communications between Mr. Chamberlain and the Pretoria Government +were of great frequency during this period. The phantom of Mr. +Kruger's visit to England was chased with great assiduity. The wily +old President seized on Mr. Chamberlain's suggestions as an excellent +pretext for delay to enable him to spread his nets, and he used the +time to great advantage. But this was not the worst! Mr. +Chamberlain's new diplomacy and his stupid or treacherous advisers +led him into blunders; as when, for instance, he tried to bounce +without <a id="pg.229"></a>the intention of making good his implied threats; and when +he sent his 4th of February despatch (publishing it in London before +it reached Pretoria), strongly and ably reviewing the position, but +spoiling all by a proposal which, whilst it had not been suggested to +or discussed by the Rand people, and would not have been acceptable +to them in lieu of what they had demanded, was also an interference +in the internal affairs of the Transvaal. It gave the Pretoria +Government an opportunity, which they did not miss, of severely +snubbing Mr. Chamberlain. When the latter in turn peremptorily +refused their demands, he was informed that the cancellation of the +London Convention would not be pressed '<i>at present</i>,' but might +remain in abeyance.</p> + +<p>Throughout the period prior to the main trial, President Kruger +continued to use with great effect 'the wishes and intentions of his +burghers.' When bail was first refused to the leaders this course was +justified on the grounds that the burghers were strongly against it, +and that the President could not act against their wishes. When at a +later stage a petition was presented by a number of burghers more or +less in touch with the Uitlander community, who felt that the +treatment of the leaders was having a bad effect, counter petitions +came in within a day or two urging the Government on no account to +extend the privilege of bail to these men. Oddly enough, these +petitions were got up and signed by relatives and near connexions of +the President himself.</p> + +<p>During this period another petition was presented which is surely +without parallel in a civilized state; but it illustrates admirably +the Boer idea of right and liberty. Fifty burghers in the district of +Standerton addressed the Government, pointing out the undesirability +of allowing a 'certain Advocate Wessels to defend the Jameson +rebels,' and praying that the Government would put him over the +border, 'which is the slightest punishment that can be inflicted upon +him.' The receipt of this petition was announced in the Government +organ, the <i>Press</i>, on March 25.</p> + +<p>At about this time another incident occurred which excited +considerable feeling. Commandant Henning Pretorius, one of the most +prominent Boer officials, having paid a visit to his native district +in the Cape Colony shortly after the Jameson <a id="pg.230"></a>raid, purchased from +the owner of a farm at Cookhouse Drift the beam from which the five +Boers had been hanged at Slagter's Nek for rebellion in the year +1816. Reference has already been made in the first chapter to this +deplorable affair. The beam (which had been built into the house) was +brought up by the purchaser to Pretoria. He states, and no doubt +truly, that he obtained the historical relic for the purpose of +adding it to the National Museum; but it must be added that the time +was not well chosen unless the intention was to rouse feeling. The +<i>Volksstem</i>, the Hollander-Boer organ, in an extremely violent +article, described in detail the Slagter's Nek executions, and called +upon the burghers to avenge on the persons of the Reformers their +murdered countrymen; and it is a fact vouched for by persons by no +means friendly to the Uitlander that certain Boers approached +President Kruger, intimating to him that the beam had arrived, that +it would not be necessary to bother about a trial, but that the four +men should be hanged out of hand from the same scaffold which had +served for their compatriots. It is but right to say that President +Kruger's reply was a severe reprimand, and a reminder that they were +not a barbarous people, but should comply with the law. The matter +having been brought to the notice of Mr. Chamberlain, strong +representations were made upon the subject, to which the Transvaal +Government replied (forgetful apparently of the fact that the +President had frequently urged his inability to control his burghers) +that the Transvaal was a civilized State, that the burghers were +law-abiding and peaceful people, and that their Government was at all +times able to control them. It was interesting to see the argument of +the burghers getting out of hand, which was used with such effect in +the case of Dr. Jameson and quoted by Sir Hercules Robinson, recoil +upon the head of its originator.</p> + +<p>A final effort was made by the people of Johannesburg to obtain the +release on bail of the four prisoners. A petition bearing the +signatures of 20,000 persons was presented; the gentlemen bearing the +petition were informed that it could not be received; that they must +call again. Having called again and again, the petition was at last +accepted and placed before the Government; but no reply was ever +vouchsafed. <a id="pg.231"></a>The treatment of this memorial is in sharp contrast +with that accorded to the one presented by a score or so of the +President's relatives and supporters—objecting to the release.</p> + +<p>From the time of the arrests until just before the trial speculation +was rife as to which judge would preside. The Chief Justice and Judge +Ameshof could hardly sit (even allowing for the precedents already +established by them), since they had both acted on the Government +Commission in negotiating with the prisoners, and one of them had +already given evidence against the accused. There remained Justices +Jorissen, De Korté and Morice. Mr. De Korté was then threatened with +suspension owing to pecuniary embarrassments, and would evidently not +be allowed to preside. The fifth judge, Mr. Jorissen, had expressed +himself so violently against the Reformers that he had himself +recognized the impossibility of attaining an impartial attitude, and +had refused to sit. The only judge available was therefore Mr. +Justice Morice, against whom there was no valid objection whatever. +Moreover, in the ordinary routine it so happened that it was his turn +to preside at the forthcoming trial; but he was known to hold Liberal +views and to be strongly in sympathy with internal reform.</p> + +<p>At this time Chief-Justice Kotzé undertook several journeys to the +Free State and Cape Colony, ostensibly to rid himself of insomnia, +but in reality, as results proved, in order to employ a judge for +this trial. His choice eventually fell upon Mr. Gregorowski, formerly +a judge in the Free State, and at that time State-Attorney to that +country.</p> + +<p>Mr. Gregorowski was noted on the Bench for the peculiar severity of +his sentences on all except Boers. He had moreover expressed openly +in Bloemfontein his wish that he might have the trying of 'those +Reformers; he would give them what for.' These things were not known +at the time of the trial; nor had the fact yet come out that before +taking the oath of office he had endeavoured to borrow from at least +one of his colleagues a black cap for the forthcoming trial. His +attitude at the time is sufficiently indicated by what he wrote +shortly after the trial, in defence of his action, '<i>I came up to put +down rebellion.</i> I have done so with a strong hand, and I believe +that my judgment will bear good <a id="pg.232"></a>fruit in the future.' The prisoners +could not but contrast the action of the Government in employing and +appointing, on approval, a judge who had no status whatever in the +country, with their action in declining to allow Mr. Rose Innes to +appear at the Bar on the pretext of his previous qualification not +being in order; and it was felt to be ominous that an independent and +upright judge, against whom there could be no objection, should be +passed over, and another specially imported for the occasion.</p> + +<p>The trial was at last fixed to take place on April 27, and the +indictments were served upon the accused six days before that date. +The following is the list of those who were committed for trial:</p> + +<ul> + <li>Lionel Phillips</li> + <li>Colonel F.W. Rhodes</li> + <li>George Farrar</li> + <li>J.H. Hammond</li> + <li>J.P. FitzPatrick</li> + <li>S.W. Jameson</li> + <li>G. Richards</li> + <li>J.L. Williams</li> + <li>G. Sandilands</li> + <li>F. Spencer</li> + <li>R.A. Bettington</li> + <li>J.G. Auret</li> + <li>E.P. Solomon</li> + <li>J.W. Leonard</li> + <li>W.H.S. Bell</li> + <li>W.E. Hudson</li> + <li>D.F. Gilfillan</li> + <li>C.H. Mullins</li> + <li>E.O. Hutchinson</li> + <li>W. van Hulsteyn</li> + <li>A. Woolls-Sampson</li> + <li>H.C. Hull</li> + <li>Alf. Brown</li> + <li>C.L. Andersson</li> + <li>M. Langermann</li> + <li>W. Hosken</li> + <li>W. St. John Carr</li> + <li>H.F. Strange</li> + <li>C. Garland</li> + <li>Fred Gray<a href="#fn.33" class="fnmark">{33}</a></li> + <li>A. Mackie Niven</li> + <li>Dr. W.T.F. Davies</li> + <li>Dr. R.P. Mitchell</li> + <li>Dr. Hans Sauer</li> + <li>Dr. A.P. Hillier</li> + <li>Dr. D.P. Duirs</li> + <li>Dr. W. Brodie</li> + <li>H.J. King</li> + <li>A. Bailey</li> + <li>Sir Drummond Dunbar</li> + <li>H.E. Becher</li> + <li>F. Mosenthal</li> + <li>H.A. Rogers</li> + <li>C. Butters</li> + <li>Walter D. Davies</li> + <li>H. Bettelheim</li> + <li>F.R. Lingham</li> + <li>A.L. Lawley</li> + <li>W.B. Head</li> + <li>V.M. Clement</li> + <li>W. Goddard</li> + <li>J.J. Lace</li> + <li>C.A. Tremeer</li> + <li>R.G. Fricker</li> + <li>J.M. Buckland</li> + <li>J. Donaldson</li> + <li>F.H. Hamilton</li> + <li>P. du Bois</li> + <li>H.B. Marshall</li> + <li>S.B. Joel</li> + <li>A.R. Goldring</li> + <li>J.A. Roger</li> + <li>Thomas Mein</li> + <li>J.S. Curtis<a href="#fn.34" class="fnmark">{34}</a></li></ul> + +<p><a id="pg.233"></a>The indictment served on all alike was as follows:</p> + +<div class="quoted"> + +<p>H.J. Coster, State Attorney of the South African Republic, who, on +behalf of the State, prosecutes, brings to the notice of the Court:</p> + +<p>That they (citing the accused), all and each or one or more of them, +are guilty of the crime of High Treason:</p> + +<p>Firstly: In that in or about the months of November and December in +the year of our Lord one thousand eight hundred and ninety-five, the +exact dates being unknown to the State Attorney, they, the said +accused, at Johannesburg, Witwatersrand Goldfields, South African +Republic, being citizens of, or residing in, this Republic, all and +each or one or more of them wrongfully, unlawfully, and with a +hostile intention to disturb, injure, or bring into danger the +independence or safety of this Republic, treated, conspired, agreed +with and urged Leander Starr Jameson, an alien, residing without the +boundaries of this Republic, to come into the territory of this +Republic at the head of and with an armed and hostile troop, and to +make a hostile invasion and to march through to Johannesburg +aforesaid.</p> + +<p>Secondly: In that they (the said accused), being citizens of, or +residing in, this Republic, all and each or one or more of them, +there and then in conjunction with Charles Leonard and Dr. H. Wolff, +now fugitives, and other persons unknown to the State Attorney, +appearing and acting as a committee, by them named the 'Reform +Committee,' after the above-mentioned Leander Starr Jameson, on or +about December 29, in the year aforesaid, had come from without the +Republic, at the head of and with an armed and hostile troop, in the +neighbourhood of Ottoshoop, district Marico, into the territory of +this Republic, and had made a hostile invasion, and had violently +attempted to penetrate through to Johannesburg aforesaid, wrongfully, +unlawfully, and with a hostile intention to disturb, injure, or bring +into danger the independence or safety of this Republic, gave, or +attempted to give, the aforementioned Leander Starr Jameson during +his hostile invasion aforesaid information about the state of the +defences at Johannesburg, and had armed troops ready to assist, and +sent assistance to him, and subsequently by seditious speeches made, +or caused to be made, in public, with the object to persuade and +induce the people there to stand by the aforementioned Jameson in his +hostile invasion, and further have assisted him, the aforementioned +Jameson, during his hostile invasion above mentioned, by providing +him with provisions, forage, and horses.</p> + +<p>Thirdly: That in or about the month of December, in the year +aforesaid, and in the month of January in the year one thousand eight +hundred and ninety-six, exact dates not known to the State Attorney, +at Johannesburg aforesaid, they (the said accused), being inhabitants +of, and residing in, this Republic, all and each or one or more of +them, then and there, in conjunction with Charles Leonard and Dr. H. +Wolff, now fugitives, and other persons unknown to the State +Attorney, appearing and acting as a committee named by them the +'Reform Committee,' wrongfully and unlawfully, and with a hostile +intention to disturb, injure, or bring into danger the independence +or safety of this Republic, have distributed, or caused to be +distributed, amongst the population there, and in the neighbourhood +thereof, Maxim guns, other weapons, arms, and ammunition; further, +have enrolled men, or have caused them to be enrolled, and have +formed them, or have caused them to be formed, into military corps; +have erected there, or caused to be erected, earthworks and other +fortifications.</p> + +<p><a id="pg.234"></a>Fourthly: In that in or about the month of December and the month of +January, the exact dates being unknown to the State Attorney, and at +Johannesburg aforesaid they (the said accused), being citizens of, +and residing in, this Republic, all and each or one or more of them, +then and there, in conjunction with Charles Leonard and Dr. H. Wolff, +now fugitives, and other persons unknown to the State Attorney, +appearing and acting as a committee called by them the 'Reform +Committee,' wrongfully and unlawfully, with hostile intention to +disturb, injure, or bring into danger the independence or safety of +this Republic, have arrogated to themselves, and have exercised and +caused to be exercised, the functions, and powers belonging to the +authorities of this Republic; by violence, or by threats of violence, +have compelled, or caused to be compelled, the police of this +Republic stationed at Johannesburg aforesaid to leave the public +squares and streets; have formed, or caused to be formed, their own +police corps, and have provided that corps, or caused it to be +provided, with guns and other arms; and further have appointed, or +caused to be appointed, as head of that corps, Andrew Trimble, and +have entrusted him with jurisdiction in police cases, in virtue +whereof the aforementioned Andrew Trimble has passed sentence and +caused it to be carried out.</p> + +<p>In consequence of all which acts abovementioned the independence of +this country was brought into danger, and its safety disturbed and +impaired.</p> + +<p>Wherefore the State Attorney, after due proof and conviction thereof, +requests the judgment of this Court against said accused, according +to law.</p> +</div> + +<p>The general opinion based upon the character of the evidence adduced +at the preliminary examination was that it would be impossible to +sustain the charge of high treason; but the disclosure of the +documents in the possession of the State Attorney put a different +complexion upon the case. Then for the first time the members of the +Reform Committee became aware of that factor in their case which has +since become famous as 'de trommel van Bobby White'—Major Robert +White's despatch-box—a veritable conjurer's hat, from which Mr. +Kruger produced to an admiring and astonished world the political +equivalents of eggs and goldfish, pigeons and white mice. In this box +(which was taken with the invading force at Doornkop) it appears +Major White had brought as much of his previous correspondence as he +could conveniently carry, together with diaries, notebooks, +code-books, cipher-keys, etc. Nor was this all. He had brought a copy +of the letter of invitation, certified by himself as magistrate in +the Bechuanaland Protectorate. Revelations at and subsequent to the +trial show that the State Attorney, on discovering this copy and +finding that as a copy it would not be admitted and that he might +<a id="pg.235"></a>experience some difficulty in proving it, prevailed upon Major White +while in the Pretoria gaol to confirm his previous certificate, and +to make an affidavit to the effect that he had compared the letter +with the original, that it was a true copy, and that he had examined +the signatures, and believed them to be the signatures of the persons +indicated. The State Attorney alleges that he bargained with Major +White for this affidavit, and in return surrendered to him certain +private documents which had also been taken in the despatch-box. +Major White on the other hand stated to the writer and to another +member of the Reform Committee—Mr. H.C. Hull—that there is no truth +in the allegation that he received a <i>quid pro quo</i>; but has no +excuse to offer for making the affidavit, except that he—<i>'does not +remember having done it.'</i></p> + +<p>The Reform prisoners, who, animated by a desire not to give any of +their comrades away, had for a period of close upon four months borne +all the abuse which could be heaped upon them, and had abstained from +making any defence in public, or any of those revelations such as +have since been made through the exertion of the Transvaal +authorities, the Select Committee of the Cape House of Assembly, and +the Bow Street officers, found to their inexpressible disgust that +the efforts which they had made were rendered futile by the capture +of these documents; and they were highly incensed at the action of +one of the very men whose lives they believed they had saved by +surrendering on January 7. The affidavit was looked upon as +unpardonable, and the unnecessary statement regarding the genuineness +of the signatures was interpreted in a very unpleasant sense.</p> + +<p>Consultations now took place between Mr. Advocate Wessels and Mr. +Richard Solomon, Q.C., of Kimberley, who had also been retained on +behalf of the accused; and endeavours were made to obtain from the +State Attorney details of the evidence which it was proposed to +bring, but with only partial success. From the facts already known to +them it was clear that the Government were determined to stretch +every point in law to their own advantage and to indulge in few +scruples as to the means to be employed to secure a conviction. The +Judge, it was known, had been <a id="pg.236"></a>specially imported for this trial, +and provisionally appointed to a seat on the Bench. As the +confirmation of his appointment was to take place when the Volksraad +should meet, or at any rate at some period subsequent to the trial, +it was not unnatural to regard his as a case in which a judge was +appointed on approval, the appointment to be either confirmed or +cancelled according to the satisfaction which he should give.</p> + +<p>Appeal to the full bench of the High Court had already been proved to +be entirely useless; since the only judges to whom appeal could be +made were those who had in the earlier stages associated themselves +with the Government against the Reform Committee, and later on in +their judicial capacities confirmed the attitude taken up by them as +patriots.</p> + +<p>The options before the prisoners were therefore three in number. One +course would be to enter upon a protracted trial before a Boer jury +and a specially-appointed judge, with the certainty for the majority +of an adverse verdict in any case. In such a trial numberless +occasions would arise for the exercise of discretion in the admission +or rejection of evidence, and any defence of the prisoners must +necessarily partake of the character of an indictment against the +Government and the faction which both judge and jury avowedly +represented, and tend only to aggravate the penalty. They would +moreover have to face that trial as a body of over sixty men, many of +whom could have reasonably set up special defences, many of whom were +not even mentioned in any evidence which the Government had yet +secured (with the exception of course of Judge Ameshof's <i>privileged</i> +list), and could therefore reasonably expect to be discharged on +making individual defences. The second alternative was to decline to +plead at all, on the ground that they had negotiated with the +Government in good faith, and that a treacherous arrest and breach of +understandings arrived at would not be recognised in any way by +them—in fact, to refuse to condone treachery or take a hand in a +farce. The third course was to plead guilty, and take a short cut on +the best terms possible to what was realized to be a pre-arranged +conclusion.</p> + +<p><a id="pg.237"></a>The second alternative was rejected, because it was found to be +impossible to secure unanimity of action. In the course of the +discussions upon the other alternatives, certain negotiations took +place between the State Attorney Dr. Coster and Mr. Wessels, the +result of which was that Dr. Coster made the following offer: If the +leaders (the signatories to the letter of invitation) would consent +to plead guilty to count 1 of the indictment, he would agree to +withdraw as against them counts 2, 3, and 4; and in such case he +would agree that the rank and file should plead guilty to counts 3 +and 4 only, he withdrawing as against them counts 1 and 2. The matter +was discussed by the prisoners, and objection was taken to that part +of the indictment in which it was stated that the Reform Committee +had acted 'with a hostile intention to disturb, injure or bring into +danger the independence or safety of this Republic.'</p> + +<p>Another meeting took place between the State Attorney and Mr. +Wessels, at which Dr. Coster agreed to eliminate from the indictment +against the rank and file the words objected to, provided that the +leaders would plead guilty to count 1. Having arrived at this—to +him—satisfactory conclusion, Dr. Coster remarked that they (<i>i.e.,</i> +all except the four) were now charged with a merely nominal offence. +Mr. Wessels endeavoured to obtain the same alteration in the +indictment of the leaders, but this was refused on the ground that it +would make the indictment ridiculous; and, <i>apropos</i> of the +concession to the rank and file, Dr. Coster even expressed doubts as +to whether, if the hostile intention were eliminated, any crime could +be said to remain under the indictment. He however agreed to allow +the four leaders to qualify their plea by a statement in writing +which they were to put in at the same time. He stated that he would +have <i>pro forma</i> to put in some evidence of the offence, but +undertook not to press for exemplary punishment, and moreover +promised that he would not dispute or question the statement to be +put in, provided that it contained no material error in fact.</p> + +<p>A discussion then followed as to the law under which the trial would +take place. Mr. Wessels urged that, as there was specific provision +in the statute law for cases of this nature, the statute law would of +course apply in preference to <a id="pg.238"></a>Roman-Dutch law. Dr. Coster said he +presumed that this would be the case, but that he was not quite sure +whether Roman-Dutch law would not apply. He added however that +anything he could say would not be binding upon the judge, who could +alone decide as to the question of law.</p> + +<p>Mr. Wessels's report to his clients induced the rank and file to +agree under the altered circumstances to the third alternative, +namely, pleading guilty, and they agreed to this under the +impression, which without doubt had been suggested and deliberately +fostered by the Government, that they were pleading guilty to a +nominal offence, and would incur a monetary penalty in proportion.</p> + +<p>In consultation with the leaders, Mr. Wessels reported the +discussions with Dr. Coster as above given. Both he and Mr. Solomon +represented to them the gravity of the plea, and said that there was +the possibility that the judge would invoke Roman-Dutch law and +ignore the laws of the country, in which case it would be in his +power to pass sentence of death. In their opinion, they added, and in +the opinion of Mr. Rose Innes and others, this would be a monstrous +straining of the law, yet they felt bound to indicate the +possibility.</p> + +<p>The course before the prisoners was not indeed an attractive one, but +it was not without its recommendations. It would have been infinitely +preferable to fight it out had there been a chance of a good fight, +if even a losing one; but, apart from a verdict of guilty being an +absolute certainty, the circumstances were against any possibility of +effecting anything like a strong impeachment of the Government. +Moreover, the course now proposed would prevent any 'giving away' of +Dr. Jameson, who had yet to be tried, and of others; and it also +removed the necessity for individual defences by those among the +prisoners who had been involved in a less degree than others. The +matter at that time appeared in one way to concern the leaders only. +If they were willing to take upon themselves the burden of the charge +and secure the acquittal of others by accepting the full +responsibility, it could only be regarded as a chivalrous act. But +there were some among the other <a id="pg.239"></a>the prisoners—'Irreconcilables,' +as they were called—who considered themselves equally responsible +with the leaders, who strongly objected to shifting any portion of +their responsibility upon others, and who desired to stand with those +who were prepared to bear the brunt of the charge. To them the +suggestion to plead guilty was as gall and wormwood, and was regarded +as another humiliation which they were required to endure, another +climbing-down similar to the disarmament, and attended, like it, with +exasperating and baffling complications and involvements that made +refusal an impossibility. The one call to which these men would +respond was the call to stand together and have no divisions—a cause +for which they were still to make many sacrifices. The irony of it +was that in order to 'stand together' they had to agree to +segregation.</p> + +<p>Dr. Coster would accept no further modification or variation of his +terms—there was no option to individuals to plead not guilty and +fight it out, except at the cost of involving all the others, nor was +there any option to them to plead with the leaders. One other factor +in the determination of this policy remains to be noted. The +communications already recorded as having passed between some of the +members of the Reform Committee and Dr. Jameson, after the latter had +actually invaded the country, and some evidence as to the +arrangements made for the reception and camping of his force, were in +the hands of the Government, and these were sufficient to convict +every member of the Reform Committee under count 2 of the indictment +in a trial before a Boer jury and by a special judge. Conviction +under count 1 was assured by the letter of invitation and the +admissions in the 'privileged' meeting with the Government +Commission. Conviction under count 2 would be a distinct aggravation +of the position of the four—or so it seemed then—whilst it would be +a most serious thing for the rank and file; and it was finally +decided to plead in accordance with the suggestion of the State +Attorney. The decision was conveyed to this gentleman and by him to +the President, who expressed his 'satisfaction' at a course which +would enable him to 'deal magnanimously with the prisoners,' no doubt +in pursuance of the policy of 'Forget and Forgive.' When, as a +convincing proof of the wisdom of the <a id="pg.240"></a>decision to plead guilty, +the 'satisfaction' of the President was made known to the +Irreconcilables, they remarked that this was the worst sign that +they had yet detected, but others were more hopeful.</p> + +<p>As to the soundness of the advice on which the prisoners pleaded, it +may be observed that Messrs. Gregorowski and Coster have both since +then expressed the opinion that there was sufficient evidence to +convict one and all of high treason, and they should know what would +have been considered 'sufficient.' The latter added that the prime +movers were of course guilty; but they at any rate had tried to stop +Jameson, whilst those who joined the Reform Committee in the later +stages were morally worse, since they had only joined when and +because they knew that he had invaded the country. Mr. Gregorowski, +at a later stage, defended his sentence on the leaders, but feared he +had been 'far too lenient with the others.' It would be unfair +therefore to suggest that the advice on which the prisoners had +decided to act was other than sound wise and proper in the +circumstances. That it should afterwards appear that the other +parties to the arrangement had acted with deliberate duplicity and +bad faith cannot be laid as a charge against the gentlemen who gave +this advice, and whose only fault, if fault it be, was that their +instincts, their principles, and their training precluded the +suspicion of treachery.</p> + +<p>The trial commenced on April 24, when the prisoners were arraigned, +after which an adjournment was made until the 27th, in order to allow +three of the prisoners who were then travelling up to take their +trial to arrive. On the latter date, all being present, and pleas of +guilty having been recorded, the State Attorney put in the cipher +telegrams, the minutes of the 'privileged' meeting between the +Government Commission and the deputation of the Reform Committee, +none of which had been produced in evidence, and the record of +evidence taken at the preliminary examination. Mr. Wessels then read +and put in the following statement of the four leaders:</p> + +<div class="quoted"> + +<p>For a number of years endeavours have been made to obtain by +constitutional means the redress of the grievances under which the +Uitlander population labours. The new-comer asked for no more than is +conceded <a id="pg.241"></a>to emigrants by all the other Governments in South +Africa, under which every man may, on reasonable conditions, become a +citizen of the State; whilst here alone a policy is pursued by which +the first settlers retain the exclusive right of government.</p> + +<p>Petitions supported by the signatures of some 40,000 men were +ignored; and when it was found that we could not get a fair and +reasonable hearing, that provisions already deemed obnoxious and +unfair were being made more stringent, and that we were being +debarred for ever from obtaining the rights which in other countries +are freely granted, it was realized that we would never get redress +until we should make a demonstration of force to support our claims.</p> + +<p>Certain provision was made regarding arms and ammunition, and a +letter was written to Dr. Jameson, in which he was asked to come to +our aid under certain circumstances.</p> + +<p>On December 26 the Uitlanders' Manifesto was published, and it was +then our intention to make a final appeal for redress at the public +meeting which was to have been held on January 6. In consequence of +matters that came to our knowledge we sent on December 26 Major Heany +(by train via Kimberley), and Captain Holden across country, to +forbid any movement on Dr. Jameson's part.</p> + +<p>On the afternoon of Monday, December 30, we learnt from Government +sources that Dr. Jameson had crossed the frontier. We assumed that he +had come in good faith to help us, probably misled by some of the +exaggerated rumours which were then in circulation. We were +convinced, however, that the Government and the burghers would not in +the excitement of the moment believe that we had not invited Dr. +Jameson in, and there was no course open to us but to prepare to +defend ourselves if we were attacked, and at the same time to spare +no effort to effect a peaceful settlement.</p> + +<p>It became necessary to form some organization for the protection of +the town and the maintenance of order; since, in the excitement +caused by the news of Dr. Jameson's coming, serious disturbances +would be likely to occur, and it was evident that the Government +organization could not deal with the people without serious risks of +conflict.</p> + +<p>The Reform Committee was formed on Monday night, December 30, and it +was intended to include such men of influence as cared to associate +themselves with the movement. The object with which it was formed is +best shown by its first notice, viz.:</p> + +<blockquote class="indented"> +<p>'Notice is hereby given that this Committee adheres to the National +Union Manifesto, and reiterates its desire to maintain the +independence of the Republic. The fact that rumours are in course of +circulation to the effect that a force has crossed the Bechuanaland +border renders it necessary to take active steps for the defence +of Johannesburg and preservation of order. The Committee earnestly +desire that the inhabitants should refrain from taking any action +which can be construed as an overt act of hostility against the +Government. By order of the Committee,</p> + +<div class="closer"> + 'J. PERCY FITZPATRICK,<br /> + '<i>Secretary</i>.'</div> +</blockquote> + +<p>The evidence taken at the preliminary examination will show that +order was maintained by this Committee during a time of intense +excitement, and through the action of the Committee no aggressive +steps whatever were taken against the Government, but on the +contrary, the property of the Government was protected, and its +officials were not interfered with.</p> + +<p><a id="pg.242"></a>It is our firm belief that had no such Committee been formed, the +intense excitement caused by Dr. Jameson's entry would have brought +about utter chaos in Johannesburg.</p> + +<p>It has been alleged that we armed natives. This is absolutely untrue, +and is disposed of by the fact that during the crisis upwards of +20,000 white men applied to us for arms and were unable to get them.</p> + +<p>On Tuesday morning, December 31, we hoisted the flag of the Z.A.R., +and every man bound himself to maintain the independence of the +Republic. On the same day the Government withdrew its police +voluntarily from the town and we preserved perfect order.</p> + +<p>During the evening of that day, Messrs. Marais and Malan presented +themselves as delegates from the Executive Council. They came (to use +their own words) to 'offer us the olive branch,' and they told us +that if we would send a deputation to Pretoria to meet a Commission +appointed by the Government, we should probably obtain 'practically +all that we asked for in the Manifesto.'</p> + +<p>Our deputation met the Government Commission, consisting of Chief +Justice Kotzé, Judge Ameshof, and Mr. Kock, member of the Executive.</p> + +<p>On our behalf our deputation frankly avowed knowledge of Jameson's +presence on the border, and of his intention, by written arrangement +with us, to assist us in case of extremity.</p> + +<p>With the full knowledge of this arrangement, with the knowledge that +we were in arms and agitating for our rights, the Government +Commission handed to us a resolution by the Executive Council, of +which the following is the purport:</p> + +<p>'The High Commissioner has offered his services with a view to a +peaceful settlement. The Government of the South African Republic has +accepted his offer. Pending his arrival, no hostile step will be +taken against Johannesburg, provided Johannesburg takes no hostile +action against the Government. In terms of a certain proclamation +recently issued by the President, the grievances will be earnestly +considered.'</p> + +<p>We acted in perfect good faith with the Government, believing it to +be their desire, as it was ours, to avert bloodshed, and believing it +to be their intention to give us the redress which was implied in the +'earnest consideration of grievances.'</p> + +<p>There can be no better evidence of our earnest endeavour to repair +what we regarded as a mistake on the part of Dr. Jameson than the +following offer which our deputation, authorized by resolution of the +Committee, laid before the Government Commission:</p> + +<p>'If the Government will permit Dr. Jameson to come into Johannesburg +unmolested, the Committee will guarantee, with their persons if +necessary, that he will leave again peacefully as soon as possible.'</p> + +<p>We faithfully carried out the agreement that we should commit no act +of hostility against the Government; we ceased all active operations +for the defence of the town against any attack, and we did everything +in our power to prevent any collision with the burghers—an attempt +in which our efforts were happily successful.</p> + +<p>On the telegraphic advice of the result of the interview of the +deputation with the Government Commission, we despatched Mr. Lace, a +member of our Committee, as an escort to the courier carrying the +High Commissioner's despatch to Dr. Jameson, in order to assure +ourselves that the despatch would reach its destination.</p> + +<p>On the following Saturday, January 4, the High Commissioner arrived +in Pretoria. On Monday, the sixth, the following telegram was sent to +us:</p> + +<blockquote class="indented"> +<div class="closer"><a id="pg.243"></a> + 'Pretoria, <i>January 6, 1896.</i></div> + +<p class="centered"> +'<i>From</i> H.M.'s AGENT <i>to</i> REFORM COMMITTEE, <i>Johannesburg.</i></p> + +<p>'<i>January 6.</i>—I am directed to inform you that the High Commissioner +met the President, the Executive, and the Judges to-day. The President +announced the decision of the Government to be that Johannesburg must +lay down its arms unconditionally as a [condition] precedent to a +discussion and consideration of grievances. The High Commissioner +endeavoured to obtain some indication of the steps which would be +taken in the event of disarmament, but without success, it being +intimated that the Government had nothing more to say on this subject +than had already been embodied in the President's proclamation. The +High Commissioner inquired whether any decision had been come to as +regards the disposal of the prisoners, and received a reply in the +negative. The President said that as his burghers, to the number of +8,000, had been collected and could not be asked to remain +indefinitely, he must request a reply "Yes" or "No" to this ultimatum +within twenty-four hours.'</p> +</blockquote> + +<p>On the following day Sir Jacobus de Wet, H.M.'s Agent, met us in +committee, and handed to us the following wire from his Excellency +the High Commissioner:</p> + +<blockquote class="indented"> +<p class="centered"> +'HIGH COMMISSIONER, <i>Pretoria, to</i> SIR J. DE WET, <i>Johannesburg.</i></p> + +<p class="centered"> +'<i>Received Johannesburg 7.36 a.m., January 7, 1896.</i></p> + +<p>'<i>Urgent</i>—You should inform the Johannesburg people that I consider +that if they lay down their arms they will be acting loyally and +honourably, and that if they do not comply with my request they +forfeit all claim to sympathy from Her Majesty's Government, and from +British subjects throughout the world, as the lives of Jameson and +prisoners are practically in their hands.'</p> +</blockquote> + +<p>On this, and the assurance given in the Executive Council resolution, +we laid down our arms on January 6, 7, and 8; on the 9th we were +arrested, and have since been under arrest at Pretoria, a period of +three and a half months.</p> + +<p>We admit responsibility for the action taken by us. We frankly avowed +it at the time of the negotiations with the Government, when we were +informed that the services of the High Commissioner had been accepted +with a view to a peaceful settlement.</p> + +<p>We submit that we kept faith in every detail in the arrangement with +the Government; that we did all that was humanly possible to protect +both the State and Dr. Jameson from the consequence of his action; +that we have committed no breach of the law which was not known to +the Government at the time that the earnest consideration of our +grievances was promised.</p> + +<p>We can only now lay the bare facts before the Court, and submit to +the judgment that may be passed upon us.</p> + +<div class="closer"> + (Signed) LIONEL PHILLIPS. + FRANCIS RHODES. + GEORGE FARRAR.</div> + +<p>Pretoria, April 24, 1896.</p> + +<p>I entirely concur with the above statement.</p> + +<div class="closer"> + (Signed) JOHN HAYS HAMMOND.</div> + +<p>Pretoria, April 27, 1896.</p> +</div> + +<p><a id="pg.244"></a>An incident which occurred during the reading of this statement +enabled the prisoners to realize how poor would have been their +chance of a fair trial before a Boer jury. On the right hand of the +judge seats had been reserved for higher officials. Several members +of the Executive were present in this quarter, and amongst them in a +very prominent position and facing the quarter reserved for the +burghers sat Mr. Wolmarans, a member of the Executive Council. When +Mr. Wessels came to that portion of the statement referring to the +negotiations with the Executive Council, Mr. Wolmarans at first +smiled superciliously, then turned and addressed a remark to one of +his colleagues, shrugging his shoulder at the same time, and at the +conclusion of the reference looked across the room to where the +jurymen sat, still smiling and shaking his head slowly and +continuously for half a minute. To men accustomed to the decencies of +British Courts of Justice this incident was rather revolting. When it +is remembered that the Government refused to produce the minute +referred to, and that through their representatives they claimed +'privilege' for the interview at which it was given, in order to +absolve themselves from appearing in Court, and that Mr. Wolmarans +himself sent the message to the Rand that the Government by the +withdrawal of its police gave practical evidence of holding out the +olive-branch, his conduct appears the more unprincipled.</p> + +<p>The State Attorney in a purely formal address, in consonance with his +promise to Mr. Wessels not to seek exemplary punishment, asked for +punishment according to law. Mr. Wessels in reply made an eloquent +appeal on behalf of the accused and recited the circumstances which +led to their seeking redress in the manner in which they did. He +referred to the negotiations with the Government, to the part played +by the Reform Committee in the maintenance of order, to the fidelity +with which they had fulfilled their undertakings with the Government, +and to their attitude towards Dr. Jameson. His references to the +Government and to the existing abuses were made as judiciously as +possible. He referred candidly to the relationship with Dr. Jameson, +especially alluding to the efforts made to protect him from the +results of his own action and to stand by him <a id="pg.245"></a>even at the cost of +personal sacrifice, and claimed that such action towards their former +colleague within the limits set by them did not necessarily imply +treason against the independence of the State, but should fairly +entitle the prisoners to sympathy for their efforts to save a quondam +colleague, however wrong he might have been. On the point of law, Mr. +Wessels claimed that the Thirty-three Articles formed the basis of +the State's law, that there was specific provision for such cases as +this in those Articles, and that the punishment to be meted out to +the prisoners should be in accordance with these statutes, modified +as the Court in its judgment might deem fit. No sooner had Mr. +Wessels resumed his seat than Dr. Coster, as was then thought, +repenting the fulfilment of his promise and casting off all disguise, +or, as is more probable, carried away by an over-mastering excitement +and strong personal and racial feeling and stimulated by +concentration upon one aspect only of the case, claimed the right to +address the Court again after the advocate for the defence had +spoken. Dr. Coster has the reputation among those who know him of +being a thoroughly honourable and straight-forward gentleman. As a +Hollander no doubt he felt deeply in a matter in which Hollanderism +was the <i>casus belli</i>; as public prosecutor it was his duty to +prosecute, not to judge; and one prefers to think that in peculiar +and trying circumstances he forgot the pledge he had given and +remembered only the cause of his party. In a short but very violent +speech he depicted in the blackest terms the actions of the men +against whom he had agreed not to seek exemplary punishment, and +pointing out the provisions of the Roman-Dutch law, claimed that the +Court should apply it in this case in preference to the statutes of +the country, and demanded from the Court the severest possible +penalty which could be imposed under that law and under the +Thirty-three Articles and the Gold Law as well. With reference to the +last-named, Dr. Coster having mentioned the provision regarding the +confiscation of property, said that upon this point he would not +speak but would leave the matter to the judgment of the Court. The +Court was then adjourned until the morning of the 28th, ostensibly in +order to enable the judge to consider the evidence and make up his +mind.</p> + +<p><a id="pg.246"></a>The majority of the prisoners, utterly unsuspicious of what lay +before them, made all necessary arrangements to return to their homes +and avocations upon the conclusion of the trial, believing that a +nominal fine would be the penalty imposed. Many of them had taken +return tickets from Johannesburg available for two days. The public +throughout the Transvaal and South Africa anticipated nothing more +than a nominal punishment upon the majority and a fine of a few +thousand pounds upon the signatories to the letter of invitation.</p> + +<p>Some of the prisoners however were better informed. News had been +obtained some days before the trial commenced that extra +accommodation was being prepared in the gaol, avowedly to provide for +the Reformers. Two of the accused visited the gaol and verified this. +Others of the accused, few in number, were informed by personal +friends who had special means of getting information in Pretoria that +imprisonment would be the lot of all and that the punishment on the +leaders would be extremely severe; and they provided for this +contingency accordingly. The manager of the Government newspaper in +Pretoria informed two or three of those interested that the sentence +of death would be passed upon the four leaders, as this had been +arranged; and men closely associated with the leaders themselves had +been confidentially informed beforehand that it was the intention of +the Government to pass sentence of death, and that the matter was a +cut-and-dried one. The information was given with a view to preparing +the prisoners for what awaited them.</p> + +<p>On approaching the temporary Court-house (the Pretoria Market +Buildings having been altered for this purpose) on the morning of the +sentence, it was perfectly evident that some serious development was +afoot. The town was thronged with mounted burghers, State artillery, +and mounted and foot police. Every approach to the Court was guarded +and the streets were patrolled. Most of the population of Pretoria +were gathered in the Market Square, endeavouring to gain admittance +to the Court. The prisoners were arranged in their former places in a +special quarter of the building railed off for the purpose, with the +exception of Messrs. Phillips, <a id="pg.247"></a>Farrar, Rhodes and Hammond, who +were separated from the rest and placed in a special movable dock, +which had been carried in over the heads of the people after the hour +appointed for the sitting of the Court. The appearance of this dock +was recognized by all to be ominous, but some relief from the feeling +of foreboding was experienced when Judge Gregorowski after taking his +seat was observed to smile several times and to make some jocular +remark to one of the officials of the Court. The faces of the +officials however damped any hopes that were built upon the judge's +genial appearance.</p> + +<p>Many of these gentlemen were personal and intimate friends of the +prisoners: some were connected by closer ties; and one of the most +trying experiences for the prisoners was to witness the complete +breakdown of the minor officials employed in the carrying out of this +tragic farce. The judge's first order was for the removal of all +ladies. The wives and relatives of many of the prisoners had been +warned by them beforehand of what was likely to happen and had +accordingly absented themselves, but there were nevertheless a good +number of ladies present. Judge Gregorowski then took the case in +hand, passed in review the circumstances, and dealt with much of the +evidence, including that taken at the preliminary examination and the +documents put in by Government which had not yet been seen by the +prisoners' advisers. He made no reference to the statement of the +principal accused, subject to which their plea of guilty had been +made and accepted. He reviewed the law, and by a method of reasoning +which has not commended itself to others he justified himself for +setting aside special statutes and applying the Roman-Dutch law +instead. In conclusion, he stated that he held the signatories of the +letter to be directly responsible for the shedding of the burghers' +blood at Doornkop, that he would therefore pass upon them the <i>only +punishment possible</i> under Roman-Dutch law—namely death, and that +whatever hope there might be in the merciful hearts of the Executive +Council and in the President's great magnanimity, they should +remember that in no other country would they have the slightest +grounds for hope. The usual question as to whether there were any +reasons why sentence of death should not be passed upon them having +<a id="pg.248"></a>been put and the usual reply in the negative having been received, in +the midst of silence that was only disturbed by the breaking down of +persons in various parts of the hall—officials, burghers, and in the +general public—sentence of death was passed, first on Mr. Lionel +Phillips, next on Colonel Rhodes, then on Mr. George Farrar, and +lastly on Mr. Hammond. The bearing of the four men won for them +universal sympathy and approval, especially under the conditions +immediately following the death sentence, when a most painful scene +took place in Court. Evidences of feeling came from all parts of the +room and from all classes of people: from those who conducted the +defence and from the Boers who were to have constituted the jury. The +interpreter translating the sentence broke down. Many of the minor +officials lost control of themselves, and feelings were further +strained by the incident of one man falling insensible.</p> + +<p>Sentence was next passed upon the other prisoners. They were +condemned to suffer two years' imprisonment, to pay a fine of Ł2,000 +each, or as an alternative suffer another year's imprisonment, and +thereafter to be banished from the State for a period of three years. +It was added that the question of confiscation of their property +would be one for the Executive to deal with.</p> + +<p>The action of Mr. Gregorowski has been variously described, but at no +time more graphically than at the time of the sentence, when a +sergeant of police who was guarding the prisoners exclaimed in the +peculiar Dutch idiom: 'My God! he is like a dog: he has bitten and +chewed and guzzled!'</p> + +<p>After passing the minor sentences the judge gave a short address to +the burghers, in which he thanked them for their attendance and made +allusion with evident signs of satisfaction to the manner in which +the trial had been brought to a conclusion. A long delay followed +during which the judge proceeded to note his judgments. Once his +attention was drawn by a remark of an official to which he replied +promptly, at the same time breaking into a broad smile, but suddenly +recollecting the circumstances and the presence of the men sentenced +to death, placed his hand over his mouth and wiped the smile away. +The incident was of course noticed by many people in Court and helped +to strengthen the impression <a id="pg.249"></a>which a limited but sufficient +experience of Mr. Gregorowski had already created.</p> + +<p>If the belief which now obtains, that the Reformers were enticed to +plead guilty and misled as to the probable consequences of that plea, +should outlive personal feelings and leave a permanent mark in South +African history, it will be because it survives a searching test. In +South Africa—as in many other countries—it is the invariable +practice of the Courts to decline to accept the plea of guilty to a +capital charge. The prisoner is informed that as the plea involves +capital punishment it will not be accepted; and a formal trial and +sufficient evidence of the crime are required by the Court. That is +done even in cases where the prisoner knows what the punishment will +be! In the case of the Reformers the State Attorney had, it is true, +informed Mr. Wessels that he would be obliged <i>pro forma</i> to put in +certain evidence, but the reason was not given, and Mr. Wessels +regarded it merely as the <i>quid pro quo</i> for accepting unquestioned +the written statement of the four accused! Mr. Gregorowski in +defending his sentence has stated that under Roman-Dutch law he had +no option but to pass sentence of death. Yet contrary to the custom +with which seventeen years' practice had made him familiar he +accepted the plea of guilty—and accepted it without a word of +explanation or of warning! Is it surprising that people should want +to know why?</p> + +<p>The men were removed from Court under very heavy escort, the +condemned men being conveyed in a closed carriage and the rest of the +prisoners being marched through the streets to the gaol, the whole +party moving at a foot pace. A little incident at the start did not +fail to attract attention. The officer commanding a section of the +guard having issued his orders in Dutch and some confusion having +ensued, the orders were repeated <i>in German</i>, with a satisfactory +result.</p> + +<p>One more incident—trifling perhaps in itself but leaving an +ineffaceable impression—occurred during the march to the gaol. As +the prisoners slowly approached the Government buildings, Dr. Leyds +accompanied by one friend walked out until within a few yards of the +procession of sentenced men (a great proportion of whom were +personally well known to him) and stood there with his hands in his +pockets smiling at them <a id="pg.250"></a>as they went past. The action was so +remarkable, the expression on the State Secretary's face so +unmistakable, that the Dutch guards accompanying the prisoners +expressed their disgust. His triumph no doubt was considerable; but +the enjoyment must have been short-lived if the accounts given by +other members of the Executive of his behaviour a month later are +to be credited. The man who stood in safety and smiled in the faces +of his victims was the same Dr. Leyds who within a month became +seriously ill because some fiery and impetuous friend of the +prisoners sent him an anonymous letter with a death's head and +cross-bones; who as a result obtained from Government a guard over +his private house; and who thereafter proceeded about his duties in +Pretoria under armed escort.</p> + +<p>It is stated that the death sentence was commuted the same afternoon, +but no intimation of this was given to the prisoners and no public +announcement was made until twenty-four hours later. In spite of the +vindictive urgings of the Hollander newspaper, the <i>Volksstem</i>, few +could believe that the death sentence would be carried out and most +people recognized that the ebullitions of that organ expressed the +feelings of only a few rabid and witless individuals among the +Hollanders themselves and were viewed with disgust by the great +majority of them. At the same time the scene in court had been such +as to show that the Government party—the officials and Boers then +present—had not regarded the death sentence as a mere formality, but +had, on the contrary, viewed it as a deliberate and final judgment. +In such circumstances therefore it can be believed that the prisoners +themselves were not without misgivings.</p> + +<h4>Footnotes for Chapter VIII</h4> + +<p><span id="fn.33">{33}</span> Died in prison.</p> + +<p><span id="fn.34">{34}</span> Unable, owing to illness, to stand trial +with the others. On recovery, Mr. Curtis returned to the Transvaal, +and decided to plead 'not guilty,' whereupon proceedings were +dropped.</p> + +<div class="sectionheader"> +<a id="pg.251"></a> +<h3>CHAPTER IX.</h3> + +<h3>LIFE IN GAOL.</h3> +</div> + +<p>In the Transvaal no distinction is made between ordinary criminals +and those who in other countries are recognized as first-class +misdemeanants. Consequently the Reformers, without regard to the +nature of their offence, their habits, health, age, or condition, +were handed over to the gaoler, Du Plessis, a relative of President +Kruger, to be dealt with at his kind discretion. For two days the +prisoners existed on the ordinary prison fare. The majority being men +in the early prime of life and in excellent health, suffered no ill +effects, preferring to do with little or no food rather than touch +that which was doled out to them; but to the others it was a rather +serious thing. There were several men between fifty and sixty years +of age whose lives had been spent under favourable conditions. There +were some suffering from consumption, one from diabetes, one from +fever, one from dysentery, and several others from less dangerous but +sufficiently serious complaints. All alike were compelled to sleep +upon the floor, with two thin blankets for protection. They were +locked in at 6 p.m., and allowed out at 6 a.m. Sanitary accommodation +was represented by the presence of a couple of buckets in the +sleeping room. The air-space per man worked out at 145 cubic feet as +against 900 feet prescribed by English prison regulations. +Ventilation was afforded on the one side by square holes cut in the +corrugated iron walls of the shed,<a href="#fn.35" class="fnmark">{35}</a> and on the other (the +buildings being lean-to's against the <a id="pg.252"></a>permanent prison buildings) +by grated windows opening into the native cells. Needless to say, +these grated windows were originally intended to afford ventilation +to the native cells, but the buildings to accommodate the Reformers +had been erected against the side-walls of the Kaffir quarters. The +stench was indescribable. At 6 a.m. the prisoners were allowed out +into the yard, where they had the option of exercising throughout the +day. The lavatories and bathing arrangements consisted of a tap in +the yard and an open furrow through which the town water ran, the +lower end of which was used as a wash-place by prisoners, white and +black alike. Within a foot or two of the furrow where alone washing +of the person or of clothing was allowed stood the gaol urinals. +There was neither adequate provision in this department nor any +attempt at proper supervision, the result being that through +irregularities, neglect, and defective arrangement the ground on both +sides of the water-furrow for six or eight yards was horribly stained +and saturated by leakage. Many of the prisoners could not approach +this quarter without being physically ill. Without further detail it +may be stated that there were at that time over 250 prisoners, about +100 of whom were white. There were three closets and six buckets for +the accommodation of all, and removals took place sometimes once a +day, sometimes once in every four days. Nothing but the horror of +such conditions, and the fact that they prevail still in Pretoria +Gaol, and presumably in other gaols more removed from critical +supervision, could warrant allusions to such a disgusting state of +affairs.</p> + +<p>At 6.15 breakfast was served. A number of tin dishes, containing one +pound of mealie-meal porridge (ground maize) each were placed in a +row on the ground in the yard in the same manner as a dog's food +might be set out. A bucket near by contained some coarse salt in the +condition in which it was collected in the natural salt pans, the +cubes varying from the size of peas to the size of acorns. No sugar, +milk, tea, or coffee, was allowed. In order to utilize the salt the +prisoners were obliged to crush it with rough stones on the cement +steps. Needless to say, but few partook of this food. To those who +had not tasted it before in the course of prospecting or up-country +travelling where conditions are sometimes <a id="pg.253"></a>very hard, it was no +more possible to swallow it than to eat sawdust.</p> + +<p>Dinner was at twelve o'clock, and it consisted of coarse meat boiled +to that degree which was calculated to qualify the water in which it +was boiled to be called soup, without depriving the meat of all title +to be considered a separate dish. With this meal was also served half +a pound of bread. Supper, which was provided at five o'clock, was +exactly the same as breakfast.</p> + +<p>Two days of this fare told very severely upon those whose physical +condition was not of the best. By the third day several of the older +men and those in ill-health had broken down and were placed on +hospital fare. Matters were sufficiently serious to induce the +authorities to allow gradual amelioration of the conditions, and by +degrees food of a better class was introduced. Mattresses and other +articles of bedding were allowed, but stretchers although provided +for in the prison regulations were denied to the men until a few +hours before their release a month later, when the prisoners were +permitted by the gaoler to purchase them, no doubt with an eye to +reversion to him in the course of a few hours. From time to time the +regulations as to food were varied at the whim of the gaoler. On one +day only cooked food would be allowed in; on another only raw food; +on a third nothing but tinned stuff; on a fourth all was turned back +at the gates with the exception of that obtained by a few individuals +at a heavy premium.</p> + +<p>A day or two after the passing of sentence representations were made +to the prisoners, excluding the four death-sentence men, that it +would be advisable to appeal to the clemency of the Government for +some mitigation. In that case, it was stated, there was every reason +to believe that the sentence of imprisonment would be entirely +remitted and that the sentence of banishment would also be commuted. +The individuals from whom this suggestion first came were of the +class which habitually trades between the Government and the +public—the gentlemen of the backstairs. For this reason some of the +prisoners gave considerable credence to the reports, whilst others +for the very same reason would have nothing whatever to do with them. +Hence arose a condition <a id="pg.254"></a>of things very like a deadlock among the +prisoners themselves. It was represented by these agents that it +would be worse than useless for some of the prisoners to petition if +many others refused to do so and stood out. Some of the prisoners did +actually petition—a course of action which was strongly condemned by +others; but it should be borne in mind that there were among the +prisoners many men who were in bad health and poor circumstances, who +had heavy responsibilities in private life, and who were not only +unable to pay their fines, but even unable to make any provision for +their families during incarceration. Such conditions would tend to +shake the nerve of most men.</p> + +<p>With this nucleus to work upon the Government through their agents +began a system of terrorism by which they hoped to establish +conditions under which their 'magnanimity by inches' would appear in +the most favourable possible light. The first petition presented for +the signature of the prisoners was one in which they were asked to +admit the justice of their sentences, to express regret for what they +had done and to promise to behave themselves in the future. The +document closed with an obsequious and humiliating appeal to the +'proved magnanimity of the Government.' The reception accorded to +this was distinctly unfavourable, copies of the petitions being in +some instances torn up and flung in the faces of those who presented +them. The great majority of the prisoners refused to have anything to +do with them, and on representing the view that any appeal so couched +was not consistent with their self-respect, they were informed that +the petition had already been shown to the President and members of +the Executive Council and had been approved by them and that it would +not look well to alter it now.</p> + +<p>Every effort was made for some days to induce the prisoners to sign +this document, but they refused. A certain number of the men were +opposed to signing anything whatever, even the most formal appeal to +the Executive Council for a revision of sentence. They based their +refusal upon two reasons: 1st, that they had been arrested by an act +of treachery and tried by a packed Court, and if the Executive +recognized the injustice of the sentence they might act +<a id="pg.255"></a>spontaneously without petition from the prisoners; 2nd, that they +believed that any document however moderate which they might sign +would only be the thin end of the wedge by which the Government hoped +to introduce the principle of individual statements and pleas—that +is to say each one to excuse himself at the expense of his neighbour, +and thus enable the authorities to establish by the prisoners' own +confessions the extent of the guilt and complicity which they had +been unable to prove.</p> + +<p>Under such conditions an appeal was made to Messrs. Rose Innes, Q.C., +and Solomon, Q.C. These gentlemen had remained in Pretoria and +devoted their time and energies to obtaining some amelioration of the +conditions of imprisonment and some mitigation of the sentences +imposed upon the Reformers. The petition as presented by the +Government was shown to Mr. Innes, who indignantly rejected the +suggestion of signing any such document. As the strongest reason +adduced in favour of signing petitions was the statement that +according to law and custom it was impossible for the Government to +take cognizance of the prisoners' case even with every desire to +mitigate the punishment unless it was brought before them by direct +appeal, Mr. Innes undertook to see the President and Chief-Justice +Kotzé on the subject. By this time further suggestions had been made +on the subject of petitions, and the prisoners were being urged among +other things to name in plain terms the extent and manner in which +they would like their sentences commuted. This proposal was regarded +as a preposterous and ridiculous one; but nothing is too ridiculous +for Pretoria and it was necessary to deal seriously with it.</p> + +<p>In these circumstances, Mr. Rose Innes interviewed the Chief Justice, +in order to get the highest authority in the country as a guide. Mr. +Kotzé would not at first express an opinion as to whether petitions +should be sent in, but he was evidently inclined to recommend them as +politic, 'But,' said Mr. Innes, 'it is not a question of policy; it +is a matter of law. Is there anything in the law which renders it +necessary for a prisoner to petition before his sentence may be +revised by the Executive—anything which debars the Executive from +dealing with his case if he does not <a id="pg.256"></a>petition?' Mr. Kotzé's answer +was clear: 'No, certainly not—nothing whatever!'</p> + +<p>In the interview with the President which took place immediately +after this Mr. Innes was brusquely informed that petitions from the +prisoners were of no value, and would receive no consideration; that +the President did not want any of their petitions; and that he was +guided solely by his burghers, who had already petitioned in the +matter. 'I would pay more heed,' said Mr. Kruger, 'to a petition from +fifty of my burghers than to one from the whole of Johannesburg.' At +the conclusion of an unpleasant interview, which called for all the +tact and good temper at the command of the gentleman who was +interesting himself on behalf of the prisoners, the President added +in an offhand manner, 'The petitions can do no harm and might +strengthen my hands in dealing with the rest of the Executive; so +they can send them in if they like.'</p> + +<p>With this answer Messrs. Innes and Solomon returned to the gaol, and +after informing the prisoners of what had taken place advised them, +under the circumstances, to make a formal but respectful appeal for a +revision of the sentences. It was their opinion, based upon the +information which they had at great pains gathered, and it was also +the opinion of the Chief Justice, that no petition was necessary, and +that the sentences would be brought under the consideration of the +Executive by the memorials of the burghers; but they considered that +as interested persons or indiscreet friends had already suggested the +idea of petitions, and as a refusal now to sign anything might have a +very unfavourable effect upon persons with the disposition and +character of those with whom they had to deal, it would be advisable +to make an appeal so worded as to formally comply with the +requirements of the extreme party in the Executive; one which would +satisfy those of the prisoners who were in favour of appealing, and +would not be offensive to those who were against petitions at any +cost.</p> + +<p>The strongest reason for urging this was to preserve unanimity of +action among the prisoners. The course was in fact a compromise +designed to satisfy those who considered a petition of some sort to +be necessary, and those <a id="pg.257"></a>who would not as they expressed it +'sacrifice their self-respect' by asking for anything from the +people who had treated them in what they deemed to be a dishonest +and treacherous manner.</p> + +<p>All the prisoners except Messrs. A. Woolls-Sampson and W.D. (Karri) +Davies agreed to this: many did so much against their own wishes +because of the appeal to stand together, and because it was strongly +urged that their obstinacy would affect not only themselves but would +prevent the liberation of others whose circumstances were almost +desperate. They yielded—it is true—but remained unconvinced. To +Messrs. Sampson and Davies the answers of the Chief Justice and the +President are now of considerable importance, since the reason given +for their detention involves the repudiation of the assurances given +by the President and Chief Justice.</p> + +<p>Those who had not signed any other form of appeal now made a formal +application to have their sentences brought into review by the +Executive Council. They stated then their belief that it was only the +beginning of the petition business that it would be wholly +ineffective and that it was to be understood that they would sign no +more under any circumstances. This application was deemed by the +emissaries of the Government to be sufficient to comply with the +requirements, and promises were conveyed to the prisoners that the +sentences would be at once taken into consideration and commutations +announced. In the course of a day or two however further demands were +made, and the prisoners were informed that they would be dressed in +prison garb under severer regulations specially passed for them +unless they at once petitioned against this course.</p> + +<p>Again Mr. Innes represented their case to the Government at the +dictate of his own feelings of humanity, and not prompted thereto by +the prisoners themselves, most of whom would have been glad to see +the Government wreak their vengeance in petty and vindictive +provisions. The proposed alterations were however abandoned without +protest from the prisoners after the supply of convict garb had been +sent up to the gaol. So matters went on day by day, each day bringing +its fresh instalment of threats <a id="pg.258"></a>promises and cajoleries, each +morning its batch of disappointments. It was at first difficult to +say what object the Government had in view in endeavouring to compel +the Reformers to sign petitions, unless it were the unworthy one of +desiring to humiliate men who were already down, or the perhaps +more contemptible one of forcing them to turn informers by a process +of self-excusing and thus enable them to differentiate in the +commutations. The fact remained that repeated efforts were made and +pressure brought to bear upon the men to induce them to sign. One +pretext after another was used. Finally the naked truth came out: the +Government required each man to state in an individual declaration +the extent of his guilt the extenuating facts and the circumstances +under which he became associated with the Reform movement. This was +exactly what had been foretold by men who understood Boer methods.</p> + +<p>The means resorted to by the gaol officials to enforce this +petition-signing were characteristic. The gaoler (Du Plessis) is one +of the most unfavourable specimens of his race. Unscrupulous and +brutal in his methods, untrustworthy as to his undertakings, and +violent and uncertain in his temper, he singled out those among the +prisoners whom he considered to be the leaders of the 'stiff-necked' +party as he termed it, and treated them with as much severity as he +could. These men found themselves unable to obtain those facilities +which were regarded as the right of all the prisoners. Upon occasion +their food was stopped at the gates, and visitors—their wives and +families—were refused admission, although provided with permits from +the proper authorities and complying with the gaol regulations; and +on more than one occasion he informed individual members of this +party that the 'petitions would have to be signed,' that they would +have to 'go down on their knees to the Government,' otherwise they +would 'rot in gaol.' All this undisguised eagerness to obtain the +signatures naturally only strengthened the resolution of the men who +stood out. They had already against their wishes and judgment signed +one application, and more than that they refused to do. When it was +found to be impossible to induce the men to inform against each +other, some modification was made in the <a id="pg.259"></a>demands of the +petition-hunters and some prisoners were asked and induced to make +statements concerning their own part in the late movement, making no +allusion to the part played by others, and, for reasons which it is +impossible to divine unless it was designed to lead to something +more, this was regarded by the Government as a desirable step.</p> + +<p>The suspense and disappointment added to the original sentence upon a +man who was never even mentioned in evidence and who took no part in +the Reform movement, beyond associating himself with the +organizations for the protection of property in Johannesburg, told so +severely upon one of the prisoners that his mind became unhinged, and +in the course of the following period he developed marked signs of +homicidal and suicidal mania. His condition was so serious that +strong representations were made to all the officials connected with +the gaol—the gaoler himself, the district surgeon, the commissioner +of police, and the landdrost of Pretoria. The prisoners themselves +organized a system of guards or watches over their comrade, pending +the result of their representations to the officials. On the fourth +day however the unfortunate man, driven out of his mind by the +constant and cruel disappointment of purposely raised hopes, eluding +the watchfulness of his friends took his own life.</p> + +<p>The news of this event was received with horror throughout South +Africa, the more so as for some days previously the newspapers had +hinted at some such impending catastrophe. In the course of the +inquiry which was held evidence was given showing that the gaol +surgeon had reported the state of affairs to the proper authorities +some days before, but in a formal and half-hearted way. Evidence +however was forthcoming that four of the prisoners (themselves +medical men) had forcibly represented the extreme seriousness of the +case to the gaoler, the gaol surgeon and the landdrost of Pretoria, +and had induced the assistant-gaoler and warders to support their +representations, but all without avail. The result of the inquiry was +to lay partial blame upon the doctor and to acquit everybody else—a +result which the public have been used to expect in the Transvaal. It +is somewhat difficult to see how the decision was arrived at, seeing +that in the offices <a id="pg.260"></a>there was the record of a special pass granted +to the unfortunate man's wife to visit him and remain with him for a +considerable period on the previous day in order to cheer him up +and avert serious consequences. The incident told severely upon the +nerves of those who were not themselves in the best of health, and +it was found necessary immediately to release or remove others among +the prisoners for fear of similar results.</p> + +<p>The Government seemed to realize that it was incumbent upon them to +do something in order to allay the feeling of indignation which was +being roused throughout South Africa at their manner of treating the +prisoners, so a further instalment of magnanimity was decided upon. +On the day of the unfortunate affair the manager of the Government +newspaper, <i>The Press</i>, was authorized by President Kruger and other +members of the Executive to inform the prisoners that they would have +to make modified personal statements of the nature previously +indicated, and if these petitions were presented to the Executive +Council by 8 a.m. on the following Monday (the prisoners would then +have been three weeks in gaol) orders for their release would be +issued by Monday night. In order to secure a favourable reception of +this suggestion it was arranged that the clergyman who was to conduct +Divine service on Sunday in the gaol would deliver this message from +the President to the prisoners at the conclusion of the service, and +urge the men for their own sakes and for the sake of their families +and of their friends to abandon the position which they had taken up +and to sign declarations of the nature required, and so secure their +release. Nor was this all. Outside the gaol the wives of those men +who stood out against the petition movement were informed by +Government officials that unless the demands of the Government were +complied with by their husbands they would serve the full period of +their sentence. Pressure was brought to bear upon these ladies and +special facilities were given them to visit the gaol, avowedly in +order to bring about the desired end.</p> + +<p>Eleven of the prisoners—apart from the four whose punishment in +substitution for death had not been decided upon, and who were +therefore not concerned in the petitions—declined to <a id="pg.261"></a>reconsider +their decision, and elected rather to serve their term of two years; +and they expressed the conviction at the same time that these +promises of the President would not be kept any more than others +had been. The result justified their judgment. After a postponement +of two days on some flimsy pretext the official intimation of the +commutations was given to the prisoners on Wednesday, May 20. Instead +of the release positively and definitely promised the term of +imprisonment was reduced in the following degree: Ten men were +released, twenty-four men were condemned to three months', eighteen +to five months', and four to one year's imprisonment; and the +clemency of the Government towards the four leaders was indicated by +a sentence of fifteen years each.</p> + +<p>Even a short period of imprisonment under the existing conditions +meant certain death to a proportion of the men sentenced, and it is +not to be wondered at that the 'magnanimity' displayed by the +Government after the disappointments and delays seriously affected +the health of a number of the men, following as it did closely upon +the tragic affair already alluded to.</p> + +<p>With regard to Messrs. Sampson and Davies no decision was announced, +it being intimated by Dr. Leyds that, as they had made no petition, +their case had not been brought before the Government, and the +Executive had therefore no official knowledge of their existence. But +the extent of the Government's magnanimity was even then not fully +known. On the following day it was announced to the prisoners that +they had been misinformed with regard to the five and twelve months' +commutations—that the intention and resolution of the Executive was +merely to grant these men permission to appeal at the end of the +periods named to the aforesaid magnanimity.</p> + +<p>Some prominence has been given to the cases of those prisoners who +were unable for physical or other special reasons to withstand the +strain; and it should therefore be made equally clear that in many +cases the men regarded with contemptuous amusement the cat and mouse +policy and the stage-managed magnanimity displayed towards them. They +were perfectly well able and willing to endure the <a id="pg.262"></a>sentence passed +upon them, and they were not misled by Boer promises in which they +had never had any faith at all. There are good reasons to be assigned +for the willingness of many of the men to make appeals to the +Government: sheer hard necessity and the sufferings of those +dependent upon them were among these reasons; and it is unfair to +consider these appeals to have been due to loss of nerve.</p> + +<p>There were among the prisoners twenty-three Englishmen, sixteen South +Africans, nine Scotchmen, six Americans, two Welshmen, one Irishman, +one Australian, one Hollander, one Bavarian, one German, one +Canadian, one Swiss, and one Turk. This variety of nationalities +should receive due consideration when questions such as for instance +that of the flag are considered. In this matter of petitions it was +not to be expected that men whose associations with the country had +been limited to a few years should experience the same depth of +feeling and bitterness of resentment as the South Africans born who +look upon the country as their native land and who view with keen +resentment the attitude of the Boers towards them in the Transvaal, +so much at variance with their attitude towards the Boers in the +neighbouring colonies. Nothing could illustrate this difference in +feeling better than the fact that of the eleven men who throughout +declined to sign petitions eight were South African born, one +Australian, one English, and one Scotch. There is nothing +discreditable to others in these figures; they simply indicate the +difference of feeling which did and indeed naturally must exist. The +South African born men consider themselves to have been robbed of a +portion of their birthright; the others have not the same reason for +thinking this.</p> + +<p>With men of so many nationalities the position of the British +Resident would in any case have been one of difficulty, especially +after the part played by the High Commissioner. In the case of Sir +Jacobus de Wet very little satisfaction was given. What caused the +most comment and annoyance among the prisoners was that official +representatives of other countries appeared to have unusual +facilities offered them to visit the subjects of their Government—at +least, they could command the ordinary courtesies—whereas in the +case of the British Agent nothing of this sort existed. Frequently he +<a id="pg.263"></a>was observed standing outside the gaol in the worst of weather +without shelter, patiently waiting until the gaoler would deem fit to +see him. In the meantime that official would stroll through the yard, +making remarks to his subordinates indicative of the satisfaction he +experienced in keeping the representative of Her Majesty outside in +the rain and mud. Upon occasions when he was afforded admission he +was hustled through the yard by a warder and not allowed to hold +private conversation with any of the prisoners. On several occasions +he complained that he was refused admission by order of the gaoler, +and the spectacle of England's representative being turned away by an +ignorant and ill-conditioned official like Du Plessis was not an +edifying one. It is only necessary to say that upon an occasion when +Du Plessis adopted the same tactics towards the Portuguese Consul +that gentleman proceeded at once to the Presidency and demanded as +his right free admission to the gaol whenever he chose to go, and the +right was promptly recognized although there was no subject of his +Government at the time within the precincts. Indeed the Portuguese +Consul stated openly that he called for the purpose of visiting as a +friend one of the Reform prisoners, giving the name of one of the +recalcitrants most objectionable to the Government. The American +Consul too carried matters with a high hand on the occasion of his +visit to Pretoria, and it seemed as though the Paramount Power was +the only one which the Transvaal Government could afford or cared to +treat with contempt.</p> + +<p>The period of gaol life afforded the Reformers some opportunity of +studying a department of the Transvaal Administration which they had +not before realized to be so badly in need of reform. The system—if +system it can be called—upon which the gaol was conducted may be +gathered from the gaoler's own words. When one of the prisoners had +inquired of him whether a certain treatment to which a white convict +had been subjected was in accordance with the rules of the gaol and +had received an answer in the affirmative, he remarked that he did +not think many of the Reformers could exist under such conditions. Du +Plessis replied: 'Oh no! Not one of you would be alive a month +<a id="pg.264"></a>if the rules were enforced. No white man could stand them. Indeed,' +he added, 'if the rules were <i>properly</i> enforced, not even a nigger +could stand them!'</p> + +<p>Some subsequent experience of gaol-life induced the Reformers to +accept this view as tolerably correct. It is known for instance that +after the Malaboch war sixty-four of the tribe were incarcerated in +Pretoria Gaol. Some twenty were subsequently released, but of the +remainder twenty-six died within the year. Bad food vile sanitary +arrangements and want of clothing and shelter contributed to this +end. Malaboch was a petty chief against whom an expedition was +organized, ostensibly because he had refused to pay his taxes. The +expedition is chiefly notorious on account of the commandeering of +British subjects which led to the visit of Sir Henry Loch already +described. It resulted—as these expeditions inevitably do—in the +worsting of the natives, the capture of the chief and his headmen, +and the parcelling out of his tribe as indentured servants among the +Boers.</p> + +<p>Considerable sympathy was felt with Malaboch among the Uitlanders, +not because of his refusal to pay taxes but because the opinion +prevailed that this refusal was due only to the tyrannical and +improper conduct of the Boer native commissioners; and a number of +Johannesburg men resolved in the interests of the native and also of +the native labour supply on the Rand to have the matter cleared up at +the forthcoming trial of the chief. Funds were provided and counsel +employed, nominally to defend Malaboch, but really to impeach the +native commissioners, who in many cases were and continue to be a +perfect curse to the country. No sooner had this intended course of +action become known than the Government decided to treat their +prisoners under the provisions of martial law—to treat them, in +fact, as prisoners of war, who were liable to be indefinitely +detained without further trial. Under these conditions they were +placed in the Pretoria Gaol, and with the exception of a few +subordinates there they have lived—or died—since. The offences of +these natives, for all anyone knows, may have been similar to those +of Langalibalele, Dinizulu, Secocoeni, Cetewayo, and other native +chiefs whom the British Government have also disposed of without +trial. But it is urged that these <a id="pg.265"></a>men are entitled to a trial, +because it is well known that the provocation under which they +committed their offences against the law—if indeed any were +committed—was such as, in the minds of most people, would justify +their action.<a href="#fn.36" class="fnmark">{36}</a></p> + +<p>The position of a native in the Pretoria Gaol is indeed an unhappy +one. Sleeping accommodation—that is to say, shed accommodation—is +provided for about one-quarter of the number confined there. During +fine weather it is no hardship upon the natives to sleep in the open +yard provided that they have some covering. The blankets doled out to +them are however in many cases such as one would not allow to remain +in one's kennels; and in wet or cold weather (and the fact is that +during at least one quarter of the year the nights are cold, whilst +during the five months' wet season rain may fall at any time) the +sufferings of these unfortunates many of whom have no blankets at all +are very severe. Of course the stronger fight their way into the +shed, and even fill the little covered passage-way; the others crouch +or lie about in the open yard like wild beasts without a vestige of +shelter.</p> + +<p>On behalf of the native political prisoners representations were made +by the gaol doctor that they were dying in numbers from scurvy and +fever, for want of vegetable food. A special effort on his part +secured for a few days some allowance of this nature, but the matter +having been brought to the notice of General Joubert, the +Superintendent-General of natives, peremptory orders were issued to +discontinue this; and this although the wretched creatures might have +been sufficiently supplied from the gardens attached to the gaol +which are cultivated by the prisoners, and the product of which was +used by the gaoler to feed his pigs. For a little while longer the +doctor continued the vegetable diet at his own expense, but being +unable to afford this it was discontinued and the former death-rate +was resumed.</p> + +<p>Floggings are quite common. In many instances white men have been +flogged there. It is not intended to suggest that this should not +have been done, but cases occurred in the Pretoria Gaol which are +surely difficult to justify. Du Plessis stated to the Reform +prisoners that he <a id="pg.266"></a>had with the sanction of the Landdrost inflicted +upon one prisoner named Thompson, who was undoubtedly refractory and +disobedient, <i>upwards of eighty lashes within three weeks.</i> He added +that this was as good as a death-sentence, because neither white nor +black could stand two inflictions of twenty-five lashes, as they were +given in Pretoria Gaol, without permanent injury to the constitution. +The effect, he observed, of this severe punishment upon the back was +to cause the blood to rush and settle on the lungs, and in every case +it resulted in fatal lung mischief.</p> + +<p>During the period of imprisonment the Reformers witnessed a +considerable number of floggings. These when inflicted by the +assistant-gaoler or warders were usually marked by some kind of +moderation and consideration for the prisoner's physical condition, +and some regard for official decencies. The same cannot be said of +those in which Du Plessis himself took a prominent part. Upon one +occasion when a native had been released from the triangle, after +twenty strokes from the cat had been borne without a murmur, Du +Plessis suddenly became infuriated at the stoicism of his victim, and +stepping towards him knocked the released man down with his fist and +spurned him with his foot. Upon another occasion a boy of ten or +twelve years of age (under what circumstances is not known) was taken +by Du Plessis into the open yard, stretched in mid air by two warders +gripping his wrists and ankles, and flogged with a cane by Du Plessis +himself. The screams of the child were heart-rending and the sight +caused one lady who happened to be visiting in the gaol to faint. +When the wretched urchin was released by the two warders and stood +cowering before Du Plessis the latter repeated his former performance +of knocking his victim down with his closed fist.</p> + +<p>Mr. Du Plessis it should be remembered is a sample of a certain class +only of the Boers—not by any means of all. He is a man with a +treacherous and vindictive temper, distinctly unpleasant in +appearance, being coarsely and powerfully built, and enjoying an +expression of countenance which varies between cunning and +insincerity on one hand and undisguised malevolence on the other. +Some idea of the general kindliness of his disposition may be +gathered from <a id="pg.267"></a>his actions. On one occasion, when special +relaxation of the rules was authorized by the Landdrost of Pretoria +in order to enable a number of the Johannesburg friends of the +prisoners to see them, and when about one hundred permits had been +issued by that official to men travelling over from Johannesburg +specially for the purpose, Du Plessis devised means to defeat this +act of consideration, and issued orders to his guards to admit only +three visitors at a time to the gaol. As a consequence, more than +half failed to gain admittance. Nor was he satisfied with this; he +informed the prisoners themselves that he wished the Landdrost had +issued two hundred passes instead of one hundred, so that he might +let those Johannesburg people know who was 'baas' there. Possibly the +fact that on the previous day he had been severely rebuffed in his +petition campaign may have provoked this act of retaliation.</p> + +<p>Another instance of Mr. Du Plessis' system was afforded by the case +of an old schoolmaster, an Englishman named Grant. He had been a +teacher upon the farm of a Boer near Pretoria. Through some +difference with his employer he was dismissed; and his own version of +the affair indicates that he suffered considerable injustice. From +the evidence given in the case in which he subsequently figured it +appeared that in order to urge his grievance he returned to the +Boer's farm and even re-entered the house which he had formerly +occupied. He was arrested and charged with trespass, or threatening +to molest his late employer and members of his family, and was bound +over to keep the peace for six months and to find Ł50 surety for the +same, failing which he should go to gaol for that period. This seemed +to be rather a harsh sentence to pass upon a man who was over fifty +years of age, entirely destitute of means, of very inferior physique, +and who had been charged at the instance of an individual who could +certainly have protected himself against five such men as Grant. No +doubt the accused was an eccentric man, and probably a nuisance, +and it is even possible that his conduct left the magistrate no +alternative but to pass the sentence which he did: it is not intended +to question the justice of this part of the affair. Having been +sent to gaol, however, because he could not deposit Ł50, Grant was +<a id="pg.268"></a>treated as the commonest malefactor in all respects but one—he was +allowed to retain his own clothing. The unfortunate old man made a +pathetic picture with his seedy clothes, tail coat, tall white hat, +and worn gloves, which he punctiliously wore whenever called upon to +face the authorities—and it happened rather frequently. He objected +to being classed and herded with the thieves and murderers and others +whose crimes were even more repulsive. He protested against the class +of food that was served to him. For these remonstrances he at first +received solitary confinement and even poorer diet; and later with a +brutality which one can surely only find in a Du Plessis the +unfortunate old man was placed in the Kaffir stocks, thrown out in +the middle of the yard that he might be humiliated in the sight of +all, and kept there in the fierce heat of a tropical sun for half a +day. The sole excuse for this was that he had been unruly in +protesting against the treatment which he was receiving. The +spectacle excited the pity of the Reform prisoners to such an extent +that even with the certainty of an insulting rebuff from the gaoler +they endeavoured to represent the man's case so as to have him +released, but without success. It need only be added that the +unfortunate man did not serve his entire term, the first act of the +first released Reformers being to pay up the surety required and +provide him with funds to leave the country. Grant may have been as +guilty and offensive as eccentricity can make a man, but nothing can +justify the manner in which he was treated.</p> + +<p>The stocks in the hands of Du Plessis were not the mild corrective +instrument which they are sometimes considered to be. According to +this authority the stocks can be made to inflict various degrees of +punishment. Du Plessis states that when he took over the gaol he +found that the custom was to place men in the stocks within a cell +and to trust to the irksomeness of the position and the solitary +confinement to bring about a better frame of mind; but he soon found +that this system was capable of improvement. His first act was to +place the prisoners white or black in the stocks in the middle of the +yard, so that they should be exposed to the observation and remarks +of all the officials and visitors and their fellow-prisoners. In +explaining the reasons <a id="pg.269"></a>for this change, he said that he found that +in a cool cell a man could be tolerably comfortable and that even the +most hardened of them preferred not to be seen in the stocks by +others; whereas in the yard they were obliged to sit on the uneven +gravel and to endure the heat of the sun as well as being 'the +cynosure of every eye.' But this did not satisfy the ingenious Du +Plessis. The yard of the Pretoria gaol inclines from south to north +about one foot in four, and Du Plessis' observant eye detected that +the prisoners invariably sat facing down the slope—for of course +they were not allowed to lie down while in the stocks, this being too +comfortable a position. Upon studying the question he found that in +this way much more ease was experienced owing to the more obtuse +angle thus formed by the body and the legs. This did not suit him and +he issued further orders that in future all prisoners in the stocks +should be obliged to sit facing uphill, and that they should not be +allowed to hold on to the stocks in order to maintain themselves in +this position but should have to preserve the upright posture of the +body by means of the exertion of the muscles of the back alone. +Needless to say the maintenance of such a position for hours at a +time caused an agony of aches which many prisoners were quite unable +to endure, and frequently the men were seen to throw themselves back +and lie down at the risk of being kicked up by the vigilant Du +Plessis and confined in the stocks for a longer period than was +originally intended. Nor did this complete the list of Mr. Du +Plessis' ingenuities. The stocks had been built to accommodate +several persons at the same time, and he found that by inserting the +legs in the alternate holes, instead of in the pair as designed by +the architect of the stocks, the increased spread of the legs caused +still greater strain upon his victim. This was reserved for special +cases—say one in every four or five.</p> + +<p>The incidents here given illustrating the methods of this delectable +individual were all witnessed by the Reformers. The account of Du +Plessis may serve the purpose of showing the methods practised under +a Government whose officials are appointed whenever possible from the +family circle and not because of fitness. It is more especially +designed to show <a id="pg.270"></a>the character of the man in whose hands the +prisoners were placed with almost absolute discretion; the man who +enjoys the privilege of discussing with his relative President +Kruger, at any hour at which he may choose to visit the Presidency, +the treatment to be accorded to his victims; the man who is retained +in his position in spite of repeated exposures by his superiors, and +who is credited with exercising very considerable influence with Mr. +Kruger; but, above all, the man in whose charge remain up to the +present time<a href="#fn.37" class="fnmark">{37}</a> the two Reformers, Messrs. Sampson and Davies, who +declined to sign any petition, and concerning whom Du Plessis stated +openly: 'Wait until the others have gone, and if the Government leave +them in my hands, I'll make them ready to sign anything.' Sufficient +has been said concerning this individual to warrant the description +publicly given of him by Colonel Rhodes<a href="#fn.38" class="fnmark">{38}</a>—'A brutal and inhuman +wretch!' Like most bullies the man is also a coward. When he +witnessed the outburst of feeling among the prisoners in consequence +of the death of their comrade, he would not venture into the +precincts of the gaol for two days, until assured that the men had +again become capable of self-control.</p> + +<p>So much for the details of gaol life.</p> + +<p>In the meantime sympathy with the prisoners began to take practical +form, and the unanimity of feeling on their behalf throughout South +Africa, which was quite unexpected <a id="pg.271"></a>and which greatly embarrassed +the Boer Government, tended to bring matters to a head. Mr. Rose +Innes, who had so generously and constantly exerted himself in +Pretoria in order to obtain some amelioration of the condition of the +prisoners, and who had in his official capacity as watching the case +for the Imperial Government made a very strong report to the Colonial +Office, did not content himself with these exertions. Upon his return +to Capetown he suggested and organized the getting up of a monster +petition to the President and Executive, urging upon them in the +interests of the peace of South Africa to release the imprisoned men. +The petitions were to represent the views of every town and village +in South Africa, and were to be presented by the mayors or municipal +heads of the communities. In this movement Mr. Rose Innes was most +ably seconded by Mr. Edmund Garrett, the editor of the <i>Cape Times,</i> +and other prominent men. A movement of this nature naturally excited +considerable attention in Pretoria; but the success of it was wholly +unexpected. The President and his party had played to the South +African gallery, and they had not yet realized that they had in any +way overdone the theatrical part. They had no suspicion of the real +feeling with which the sentences were regarded, nor of the extent to +which they had alienated sympathy by that and the subsequent +'magnanimous' action. 'Magnanimity by inches' had been placarded +throughout South Africa, and the whole game was characterized as one +of cat and mouse, in which the President was playing with his victims +with indifference to the demands of justice and humanity, partly with +a view to wringing concessions from the British Government, and +partly from a mistaken idea that by such a course he would obtain +credit at each step afresh for dealing generously with those who were +at his mercy.</p> + +<p>The movement had been well organized. The resolution had been passed +in every town in South Africa, even including the towns of the Free +State. The mayors (over 200 in number) were on their way to Pretoria, +when the President, with his back against the wall, realized for the +first time that he had overshot the mark and that unless he released +the men before the arrival of the deputies he would <a id="pg.272"></a>either have to +do so apparently at their instance, or refuse to do so and risk +rousing a dangerous feeling. He chose the former course; he released +all the imprisoned men with the exception of the four who had been +sentenced to death and the two who had refused to appeal. Pretoria +and Johannesburg were already full of deputies and visitors from Cape +Colony, Natal, and the Free State, all bound on the same errand of +mercy. The feelings of these men, brought many hundreds of miles from +their homes, sacrificing their own business and personal convenience +in order to approach the President and to support a measure which +they felt to be imperatively necessary to the allaying of feeling in +South Africa may be imagined, but were not expressed, when they heard +that they had been allowed to undertake this journey as part of the +President's game, only to receive a slap in the face from His Honour +by the carrying out of the measure before they were permitted to +interview him. This at least was what was felt to be the case upon +the release of the majority. Absolute proof of it was forthcoming +within the week, when the President refused to receive the +deputations and kept them waiting in Pretoria until he had released +the four leaders as well, without allowing the delegates the +satisfaction of a courteous recognition of their mission. He admitted +them it is true to an informal interview, in the course of which he +managed to insult and outrage the feelings of a good many by +lecturing them and giving vent to very candid opinions as to their +personal action and duties; but he would not receive their +representatives officially.</p> + +<p>On May 30 the prisoners with the exception of the six already +referred to were released, the terms being that their fines should be +paid at once, and the unexpired term of imprisonment remitted. Each +one as released was required to bind himself for the term of three +years, reckoned from the 30th day of May, 1896, neither directly nor +indirectly to meddle in the internal or external politics of the +South African Republic, and to conduct himself as a law-abiding +citizen of the State.</p> + +<p>In some cases the provision was added that if in the opinion of the +Executive Council the terms of this undertaking <a id="pg.273"></a>should be broken, +the sentence of banishment which was held in suspense would come into +force, and the men were required to sign this addendum to the above +undertaking. The resolution of the Executive Council, which deals +with the mitigation of the sentences, states that the imprisonment +portions of the sentences are remitted; that the fines (Ł2,000 in all +cases) must be paid at once; and that the banishment shall remain in +abeyance subject to the faithful observance of the above undertaking; +but that should any action be taken by any of the prisoners +constituting in the opinion of the Executive Council a breach of the +above undertaking, the sentence of banishment shall come into force.</p> + +<p>There is no definition of the phrase 'meddle in politics,' nor is +there any indication of what in the opinion of the Executive Council +constitutes politics. There is of course on record the President's +own statement in public that he would not permit any discussion on +the dynamite and railway questions because they are matters of 'high +politics'; and if haply the Executive should also hold this view, it +is difficult to see how any of the prisoners will be able to follow +their ordinary business and attend to those commercial affairs in +which they are concerned without committing some breach of this +ridiculous provision.</p> + +<p>No answer was received to the many representations made on behalf of +the four leaders, except that the Government were busy with the +matter. Upon the release of the other prisoners it was suggested to +them by friends outside that it would be a proper and politic course +to proceed in a body to the Presidency and thank the President for +the action he had taken in their respect, and at the same time to beg +of him to extend a similar clemency to the four leaders who were +still left in gaol. Most of the men were dead against taking any such +action. They held very strongly to the opinion that they had been +arrested by treachery, condemned by arrangement, and played with as +counters in an unscrupulous manner. They recognized no obligation +towards the President. They could see no magnanimity in a policy +which had secured their arrest under the circumstances described +which inveigled them into pleading guilty to a nominal <a id="pg.274"></a>offence, +and which imposed upon them a sentence such as that passed. They +considered the enormous fine which they were then called upon to +pay to say nothing of the imprisonment which they had already +suffered wholly disproportionate to the offence, and their natural +impulse was to avoid the man who was directly responsible for it all, +or at least not to meet him under circumstances so unequal, when they +would be sure to be insulted, and would be obliged to suffer the +insult in silence.</p> + +<p>Some of them however yielded to the representations of their friends, +who considered that it should be done for the sake of the men who +were not yet released; whilst there were others who expressed the +view that they would rather go back and do their imprisonment than +suffer the humiliation which it was proposed to inflict; that they +would not do it for themselves, and they could not bring themselves +to do it for anybody else. A considerable number of the prisoners +called upon His Honour; and this was the 'dog' interview. After +hearing the address of the men the President proceeded to pat himself +and his people on the back, saying that he knew he had behaved with +great magnanimity and moderation, and that he hoped that such +generosity would not be entirely thrown away.</p> + +<p>'You must know,' he said, 'that I sometimes have to punish my dogs; +and I find that there are dogs of two kinds. Some of them who are +good come back and lick my boots. Others get away at a distance and +snarl at me. I see that some are still snarling. I am glad that you +are not like them.'</p> + +<p>Those among his hearers who could understand His Honour's remarks, +although they had been prepared for much, were certainly not prepared +for this. The interpreter stood for a moment without rendering into +English the metaphor chosen by the worthy President, and even His +Honour—slow to perceive where he has transgressed the limits of +etiquette and good breeding—gathered from the expressions upon the +faces that something was wrong, and turning to the interpreter, said:</p> + +<p>'Oh, that's only my joke! Don't interpret that to them.'</p> + +<p><a id="pg.275"></a>But those who witnessed it say that there was no joke in his voice or +his eye as he said it. Proceeding then with more circumspection he +walked out his dog in another form, and said that it was very well to +punish the little dogs as he had punished them, but somebody should +also punish the big dog—evidently referring to Mr. Rhodes—and in +the course of a homily he again mixed his parable, sticking all the +time to his dog however, remarking in conclusion that it was very +well to punish the dogs, but what was to happen to the owner of the +dogs, who stood by urging them on and crying 'Tsaa!'?</p> + +<p>Throughout the week His Honour continued to make the homely dog work +to good purpose, but the interview with the released Reformers was, +it is believed, the first occasion upon which he made use of it. +Certainly on no other occasion did the President do such ample +justice to his reputation as a finished diplomat.</p> + +<p>In the mean time negotiations had been proceeding for obtaining the +release of the leaders. The friends and representatives of the four +prisoners had become subject to all manner of attentions from numbers +of people in Pretoria; near relations of the President himself, +high-placed Government officials, their relatives, hangers-on, +prominent Boers, and persons of all sorts and descriptions, all +offered their services and indicated means by which the thing could +be arranged. All wanted money—personal bribes. The prisoners +themselves were similarly approached, and they who a month previously +had been condemned to death witnessed with disgust a keen competition +among their enemies for the privilege of effecting—at a price—their +release. Day after day they were subjected to the disgusting +importunities of these men—men who a little while before had been +vaunting their patriotism and loudly expressing a desire to prove it +by hanging these same Reformers.</p> + +<p>The gaoler Du Plessis, representing himself as having been sent by +the President, suggested to the four men that they should 'make a +petition.' They declined to do so. Du Plessis was then reinforced by +the Chief Commissioner of Police, and the two officials again urged +this course but stated that they did not wish it to be known that +they had been sent <a id="pg.276"></a>by the Executive and therefore could not +consent to their names being used. Upon these terms the prisoners +again declined. They said that if they were to hold any communication +with the Government they required to have it on record that they did +so at the suggestion of the two responsible gaol officials who +represented themselves as expressing the wish of the Executive +Council. After further delay and consultations with the President and +others the two officials above named consented to allow their names +to be used in the manner indicated. Not content with this the +prisoners demanded that they should be allowed to send an independent +messenger to the President to ascertain whether he really required a +written appeal for revision of sentence. Having received confirmation +in this manner the four men addressed a letter to the Executive +Council. In this letter they stated that they had been sentenced to +death; that the death-sentence had been commuted; and that they +understood—but had received no authoritative information on the +subject—that they were to suffer instead a term of fifteen years' +imprisonment. They suggested the imposition of a monetary penalty in +place of the imprisonment; they stated that they held and represented +important interests in the State and that they believed their release +would tend to the restoration of confidence and favourable conditions +in the business community of the Rand; and they concluded by saying +that, if the Executive saw fit to adopt this suggestion, they the +prisoners would return to their business in good faith.</p> + +<p>It had frequently been intimated to these men that it would be +impossible for the Government to impose a fine in place of the +death-sentence because money so obtained would be blood-money. +Reference had been made in the Executive Council to Biblical +precedents, notably the case of Judas, and the opinion was held that +if blood-money were taken the Lord would visit His wrath upon the +people.</p> + +<p>The Boers are in their way a very religious people. But they are also +essentially practical; and it is difficult to find an instance in +which the religious principle has operated to their commercial +disadvantage. This at any rate was not one. The train of reasoning +which led them to justify the imposition of a fine was somewhat in +this wise: To <i>impose a fine</i> would be <a id="pg.277"></a>to take blood-money, and +would be immoral and iniquitous: to <i>accept the offer of a present</i> +on condition that the sentence should be entirely remitted however +would be quite another thing.</p> + +<p>So negotiations were set on foot to induce the prisoners to make the +necessary offer; and the prisoners, as has been shown, did so. This +satisfied the religious scruple of the Boer, but the terms of the +offer were not satisfactory to his commercial requirements. It became +necessary to make a definite offer. Further negotiations followed, +and the prisoners gathered that an offer of Ł10,000 apiece would be +viewed with favour by the President and his advisers; and it was +stated by members of the Volksraad and prominent officials who were +in the confidence of and in communication with the Government that, +in the event of such a contingency arising as the prisoners making an +offer of cash, the Executive would not take the money for the benefit +of the State but would accept it for charitable purposes—an +educational institute or a hospital or some such object.</p> + +<p>This was communicated to the prisoners by the personages referred to, +and an offer was accordingly made of Ł10,000 apiece. The matter was +discussed in the Executive Council, and the Boer, true to his +instinct and record, perceived an opportunity to improve his +position. The religious gentlemen who would not take blood-money now +objected that the amount proposed was altogether too small, and the +President with that readiness so characteristic of him observed that +he thought the prisoners must have made a mistake, and meant Ł40,000 +apiece instead of Ł40,000 for the lot.</p> + +<p>Another delay ensued, and in the meanwhile more and more deputies +flocked to Pretoria, and stronger grew the feeling, and more angry, +disappointed, and disgusted grew the communities of Johannesburg and +Pretoria. The President, however, played his game unmoved by any such +considerations.</p> + +<p>The next announcement from the Executive was a wholly unexpected one. +It was that they felt it necessary to consult Judge Gregorowski as to +the amount of money which ought to be taken as a donation to +charities. The matter of assessing the value of a death-sentence in +cash might perhaps be deemed <a id="pg.278"></a>a perplexing and a difficult one from +lack of precedent, yet nobody supposed the Executive Council to be +unequal to the task. It might also seem unfair to impose this further +burden of responsibility upon a judge; but Mr. Gregorowski had proved +himself superior to precedent and untrammelled by custom; and there +was much to be said in favour of continuing an association which had +worked very satisfactorily so far.</p> + +<p>When however the President, with that resolute determination to be +generous which was so well advertised, at last overcame all obstacles +and succeeded in holding a meeting of his advisers to receive Mr. +Gregorowski's report, and when it was found that that gentleman +assessed capital punishment at Ł25,000 per head, the Executive +Council with one accord avowed themselves to be so utterly taken by +surprise by the announcement that they required time to think the +matter over and decide upon a course of action.</p> + +<p>No doubt this opinion of Mr. Gregorowski's took them quite as much by +surprise as did his original sentences. However in the course of a +day or two they had recovered sufficiently to intimate to the +prisoners that, if they would amend their first offer of Ł40,000 for +the four and make it one of Ł40,000 apiece, the Executive would +decline to accept so large a sum, as being greater than they +considered equitable and would reply that in the opinion of the +Government Ł25,000 apiece would be sufficient. It was quite plainly +intimated that this procedure presented certain attractions to the +President, who desired for political purposes to exhibit further +magnanimity. The prisoners who by this time had gained some insight +into Mr. Kruger's methods, who knew from past experience the value of +his promises, and who could find no record in history to encourage +them in participating to this extent in the confidence trick, +point-blank refused to have anything to do with it.</p> + +<p>They agreed to make a formal offer of a 'reasonable' fine, leaving +the interpretation of this to the Government, but only on the +distinct understanding that the amount should not exceed Ł25,000 +each. They had learned that Mr. Gregorowski had fixed this amount and +that the Executive had agreed to accept it, and they would not offer +a penny more <a id="pg.279"></a>for magnanimity or anything else. They stated in +plain terms that they looked upon this matter simply as a bargain; +that if they should get out they were paying their way out, and that +in so far as their release from the position was concerned the +transaction was closed upon business terms and there should be no +question afterwards as to gratitude or magnanimity. The fines were +paid,<a href="#fn.39" class="fnmark">{39}</a> and on July 11 the leaders were released.</p> + +<p>Messrs. Phillips, Farrar, and Hammond, who were compelled through +their business ties to continue their association with the Transvaal, +signed the same undertaking concerning politics as that given by the +rest of the prisoners—with the difference that in their case it +operates for a period of fifteen years. Colonel Rhodes however +declined to give the required undertaking and elected to take his +sentence of fifteen years' banishment. On the night of June 11 +therefore he was sent across the border under escort, and passing +through the Free State proceeded at once to Matabeleland to render +what assistance he could to his brother in the suppression of the +rebellion. As though the excitement of the past few months had not +been sufficient, it may be added that in the first engagement in +which he took part on his arrival at Buluwayo his horse was shot, and +he narrowly escaped the same fate himself.</p> + +<p>From time to time adverse comment has been made on the subject of +this undertaking of the Reformers to abstain from further +participation in politics. The position of the Reformers was this: +They had entered upon the movement to obtain the redress of certain +matters closely affecting their feelings as men and their interests +and business as settlers in the country. They were disarmed and +placed at the mercy of the Boer Government by the action of England's +Representative. To decline to give the pledge required would entail +banishment, which would in many cases mean ruin to them and in all +cases would remove them from the sphere in which they might yet +contribute to the attainment of the ends they had in view. The only +compensating consideration possible in such a course would be that +the redress desired would be effected <a id="pg.280"></a>through the influence of the +Imperial Government; but since the Imperial Government had shown +that under the circumstances they were neither willing nor able to +maintain to a logical conclusion the position which they took up when +they secured disarmament, the Reformers concluded that their obvious +course was to give the required undertaking. It is true that several +among them did decline to give this undertaking, saying that they +would prefer to serve their terms of imprisonment; but they received +the answer that after the term of two years' imprisonment the +Government would still require the undertaking or enforce the +banishment clause, so that it appeared to them there was no way out +of it but to sign what was required and wait patiently.</p> + +<p>It is perfectly obvious that one of two alternatives will present +itself. Either the Government will come to regard this provision as a +dead letter, and wholly ignore it; or some of the men, in the course +of their business and in dealing with economic questions such as they +are morally entitled to discuss will fall foul of the 'opinion of the +Executive.' The issue will then be a very clear one, and many of +those who were strongly opposed to the Reformers on the premisses on +which they started will find themselves in cordial agreement with +them in later developments.<a href="#fn.40" class="fnmark">{40}</a></p> + +<p>The Reform movement closed for the time being with the release of the +leaders. Sixty-four men had been committed for trial. From four of +them the Government had received Ł100,000, and from fifty-six others +Ł112,000. One was dead; one had fallen so seriously ill before the +trial that he was unable to present himself with the rest, but on +recovering and announcing his intention to plead 'Not guilty' and +fight it out, the case against him was withdrawn.</p> + +<p><a id="pg.281"></a>There remained two men, Messrs. Sampson and Davies, whose case the +Government had refused to consider because they declined to appeal. +They had been sentenced on April 28 to two years' imprisonment and +Ł2,000 fine, or failing payment to another year's imprisonment, and +to three years' banishment; and under that sentence do they lie at +the present moment in the Pretoria gaol, at the mercy of the Boer +Government and its very competent representative Mr. Du Plessis.<a href="#fn.41" class="fnmark">{41}</a></p> + +<p>Much <i>kudos</i> has accrued to Mr. Kruger for his magnanimity and much +profit for his astuteness! Great credit is also given to Mr. +Chamberlain for his prompt impartiality. And surely some day a +tribute of sympathy and admiration will go out from a people who like +pluck and who love fair play to two Englishmen who hold that a solemn +pledge is something which even a Boer should hold to, whilst +self-respect is more than liberty and beyond all price.</p> + +<h4>Footnotes for Chapter IX</h4> + +<p><span id="fn.35">{35}</span> This was done on the second day—after a night without any +ventilation at all.</p> + +<p><span id="fn.36">{36}</span> See <a href="#pg.395">Appendix E</a>.</p> + +<p><span id="fn.37">{37}</span> (July, 1899.) They were released in June, 1897.</p> + +<p><span id="fn.38">{38}</span> Du Plessis' threats regarding Messrs. Sampson and Davies were +made so openly and vengefully that Colonel F.W. Rhodes deemed it to +be his duty as soon as he was released to report the matter to the +High Commissioner, with a view to ensuring some measure of protection +for the two gentlemen above referred to. After the release of +the other prisoners, Du Plessis was for a time suspended, owing +to charges laid against him by the Inspector of Prisons. No +investigation appears however to have been made, and the man was +reinstated. During the month of September, after Messrs. Sampson and +Davies had already done five months of their sentence in Pretoria +Gaol, this man, finding himself unable to break their spirit by other +means, made a proposal to the Government to separate the two and to +place them in two small country gaols at wide distances apart and far +removed from the friendly offices and watchful eyes of their friends, +and thus deprive them of such benefit as they may be able <i>in the +future</i> to get from proximity to the official representative of +England. In the past they have certainly derived none.</p> + +<p><span id="fn.39">{39}</span> It seems like reflecting on the reader's intelligence to add +that nothing more has been heard of the 'charities.'</p> + +<p><span id="fn.40">{40}</span> (July, 1899.) A clear indication of the Government's disposition +towards the Reformers was given by the treatment accorded to Mr. +Lionel Phillips. In consequence of a publication by Sir John +Willoughby of an article on the subject of the Raid, which failed to +accurately represent the facts as they were present to the minds of +the Reformers, Mr. Phillips wrote an article in the <i>Nineteenth +Century</i> magazine, which was purely historical, moderate in tone, and +obviously designed only as an answer to the allegations which had +been made. The Executive Council arrived at the conclusion that it +was a breach of his undertaking to abstain from interference in +politics, and they issued a decree of banishment against him. As Mr. +Phillips had taken up his residence permanently in Europe, and as it +was well known that it would be extremely inconvenient for him to +return to South Africa in order to dispute this action it was +generally considered that the object of the move was to establish +a precedent, so to say, on the cheap, and in the same spirit to +intimidate others among the Reformers who were believed not to have +lost their interest in the cause of reform nor to have abandoned +their intention to begin again as soon as they were free to do so. It +is no exaggeration to say that scarcely a week could have passed +during the last two and a half years in which some or all of the half +dozen Uitlanders most prominent in the cause of reform have not been +in receipt of a warning of one kind or another, ranging from +apparently friendly advice not to take too keen an interest in +certain matters, up to the giddy eminence of being black listed in +the Dutch papers as one of those to be dragged out and shot without +trial as a traitor and a rebel. Such are the conditions under which +the unarmed Uitlanders labour for reform.</p> + +<p><span id="fn.41">{41}</span> (July, 1899.) Du Plessis was promoted to be Chief Inspector of +Prisons shortly after the release of Messrs. Sampson and Davies, +and still holds that post!</p> + + +<h2><a id="pg.283"></a>PART II.</h2> + +<h2>A POSTSCRIPT.</h2> + +<div class="sectionheader"> +<a id="pg.285"></a> +<h3>CHAPTER X.</h3> + +<h3>THREE YEARS' GRACE.</h3> +</div> + +<p>Very seldom has any community been in a position so unsatisfactory as +that in which the people of Johannesburg found themselves in the year +1896. Judgments passed in the heat of the moment upon matters which +had not been properly explained, and which in many cases were +completely obscured by deliberate misrepresentation, had incurred for +the community dislike contempt and mistrust which were wholly +undeserved. Those who knew the facts and who were able and willing to +speak, the Reformers themselves, were bonded to abstain from politics +for three years under penalty of banishment. Betrayed, deserted, +muzzled, helpless, hopeless, and divided, no community could have +been in a more unsatisfactory condition. It was abundantly clear that +the time had been allowed to pass when the Imperial Government might +have insisted upon reforms and the fulfilment of the President's +promises—not in the spirit in which they had been made, but in the +spirit in which the President himself had intended the world to +construe them. The impact of the revelations was too great to permit +of public judgment quickly recovering its balance. It was realized +that Mr. Kruger's effects had been admirably stage-managed and that +for the time being, and possibly for a very considerable time, the +Uitlanders were completely out of court. There were a few—but how +few!—whose faith was great and whose conviction that the truth must +prevail was abiding, who realized that there was nothing for it but +to begin all over again—to begin and to persevere upon sound lines; +and they took heart of such signs as there were and started afresh.</p> + +<p>It has been an article of faith with them that Mr. Kruger <a id="pg.286"></a>missed +his supreme chance at the time of the trial of the Reformers, and +that from the date of the death-sentence his judgment and his luck +have failed him. He abused his good fortune and the luck turned, so +they say; and the events of the last three years go to support that +impression. To his most faithful ally amongst the Uitlanders the +President, in the latter days of 1896, commented adversely upon the +ingratitude of those Reformers who had not called to thank him for +his magnanimity; and this man replied: 'You must stop talking about +that, President, because people are laughing at you. You made a +bargain with them and they paid the price you asked, so now they owe +you nothing.' But his Honour angrily repudiated that construction: +nothing will convert him to that view.</p> + +<p>It has been said that Dr. Jameson is the best friend Paul Kruger ever +had, and with equal truth it may be said that, in 1896, President +Kruger proved himself to be the best friend of the Reformers. Not +even the most sanguine of his enemies could have expected to witness +the impolitic and unjust acts by which the President revealed +himself, vindicated the Reformers, and undermined a position of +unparalleled strength in an incredibly short time. The bargaining and +the bad grace which marked the release of the Reformers had prepared +the world to view Mr. Kruger's action and attitude a little more +critically than it had hitherto been disposed to do. The real +conditions of Dr. Jameson's surrender had also become known, and +although the action of the Boer leaders was regarded as far too +trifling a matter to be seriously considered as against the Raid +itself, nevertheless a residuum of impression was left which helped +to form opinion at a later stage. There followed, too, an irritating +correspondence between the Transvaal and Imperial Governments, in the +course of which Dr. Leyds successfully established his skill as a +smart letter writer and his limitations as a statesman. The +Municipal Law, the first product of the 'forget and forgive' +proclamation—which proclamation, by-the-bye, had already begun to +prove itself an awkward weapon placed in the hands of his enemies by +President Kruger himself—had been exposed and denounced as farcical, +and it now required but little to convince the once admiring world of +the President's <a id="pg.287"></a>real character and intentions. That little was +forthcoming in a touch of ridicule more potent than all arguments.</p> + +<p>The Transvaal Government formulated their demand for damages for the +Raid in a form which made everyone smile—Ł677,938 3s. 3d. for actual +outlay, and Ł1,000,000 for 'Moral and Intellectual Damages.' What +with the fines of the Reformers, and the seizure of the provisions of +all sorts acquired by them for the purposes of the Reform movement, +which latter must have exceeded Ł50,000 in value, the Boer Government +had already received upwards of a quarter of a million, and had, in +fact, made a profit on the Raid; so that this demand came as a +surprise even to the Uitlanders, as much perhaps due to the +extraordinary phrasing of the demand as to the amount claimed.</p> + +<p>It may be wondered why, under provocation so great as that of +complete abandonment by the country whose representative had placed +them in their then hopeless position, no distinct movement took +place—no tendency even developed itself—among the Uitlanders +generally to unite with the Boers in favour of a Republican movement +throughout South Africa, to the exclusion of the Imperial power. In +answer to this it must be said that such an idea undoubtedly did take +strong hold of the non-British portion of the Uitlander population, +as witness the manner in which the Cape Colony Dutchmen, Hollanders, +Germans, and individuals of other European nationalities associated +themselves with the Boer party, almost invariably by open +declaration, and in many cases even by naturalization, thus +forfeiting their own national rights and obtaining nothing but vague +promises and the liability to military service in return. But the +Republican movement made no further headway than this because British +subjects formed the large majority of the Uitlanders. They had, it is +true, a great grievance against the Imperial Government; but against +the Transvaal Government they had one greater still; and it would +take a great deal to kill the passionate loyalty of the British South +African. It would be idle to discuss what might have happened had Mr. +Kruger seized his opportunity and let in a considerable section of +the then unenfranchised to strengthen the ranks of the Republican +party; that can only be a matter <a id="pg.288"></a>of individual conjecture. What is +certain, however, is that he did not do so and never intended to do +so; wherein his lack of statesmanship is again made manifest.</p> + +<p>Mr. Kruger has carried out in its fullest (its best or its worst) the +characteristic principle of his people already referred to, that of +giving too little and asking too much. It is doing only bare justice +to the determination with which he adheres to the policy of his life +to say that he gives nothing to anybody. From the most distant to the +nearest he deals alike with all. With the people of Europe, he has +taxed their investments, disregarded their interests, and flouted +their advice; but nevertheless he has for years commanded their moral +support. In his dealings with the British Government, pushed as they +have been some half a dozen times to the very verge of war, he has +invariably come off with something for nothing. In his dealings with +the Uitlanders he has bartered promises and in return—<i>circumspice</i>! +In the matter of the events of 1895-6 he came out with a quarter of a +million in cash, a claim for Ł1,677,938 3s. 3d. odd (including Moral +and Intellectual Damages), and a balance of injured innocence which +may not be expressed in figures. In his dealings with Cape Colony he +has taxed the products of their land and industry, he went to the +verge of war to destroy their trade in the case of the closing of the +Vaal River drifts, he has permitted the Netherlands Railway to so +arrange its tariffs as to divert traffic from them to other parts, he +has refused to their people (his own flesh and blood, among whom he +was born) the most elementary rights when they settle in his country! +And yet in his need he calls upon them, and they come! His treatment +of the Orange Free State has been exactly the same. Their grievance +against him is incomparably worse, because of their liability to +become involved in the consequences of a policy which they are not +allowed to influence. But President Kruger is, above all things, +practical. Everything is gauged by the measure of the advantage which +it can bring to him; and his treatment of the Free State is +determined by their utility to him and his power over them, and is +not influenced by their moral claims upon his good will. Natal and +Portugal have their experience of broken agreements and strained +interpretations, of intrigues with native <a id="pg.289"></a>subjects and neighbours +for the extension of rights or boundaries, all designed to benefit +the Transvaal and to undermine them. All, all with the same result! +Something for nothing! Within the borders of the Transvaal the policy +is the same. Moral rights and the claims of justice are unrecognized. +For services rendered there may be some return; a privilege, a +contract, an appointment. But this cannot be properly regarded as a +neglect of principle upon Mr. Kruger's part, for after all the reward +is at the expense of the Uitlanders. It is usually the least price at +which the service could be secured; and it is generally in such +form as to give the recipient a profit in which the members of the +Government party largely share, but it never confers a power to +which the President himself is not superior; indeed, it is almost +invariably hedged about by such conditions as to make its continuance +dependent upon the President's good will. If any one should +think this description of conditions in the Transvaal and of the +President's policy to be unduly harsh, let him satisfy himself by an +investigation of those matters which appear on merely superficial +examination to support opinions contrary to those expressed by the +writer. Let him examine the terms of the closer union with the Free +State, the circumstances leading to the closing of the Vaal River +drifts, the condition of the Dutch subjects of Cape Colony and of the +Orange Free State in the Transvaal, the Netherlands Railway tariffs +as they operate against Cape Colony and the Free State, the Railway +Agreement with Natal, the disputes with Portugal, the attempts to +acquire native territory on the East Coast, the terms of the +Netherlands Railway Concession, Selati Railway Concession, Dynamite +Concession—in fact, all other concessions, monopolies, contracts, +privileges, appointments, and rights, made, granted, or entered +into by President Kruger to or with his friends. Let him recall the +treatment and the fate of some of those to whom ampler reference +will be made later on; for instance, Chief Justice Kotzé and +Judge Ameshof, who in the dealings with the Reformers rendered +valuable—but perhaps injudicious and unjudicial—service, as already +sufficiently described; the treatment of Dr. Coster, the State +Attorney, who also deserved better of the President; the public +<a id="pg.290"></a>repudiation of Mr. J.B. Robinson, whose friendship for President +Kruger had been frequently and amply evidenced to the grave +dissatisfaction of the Uitlander population; the public and insulting +repudiation of Sir Henry de Villiers, the Chief Justice of Cape +Colony, after he had served his purpose! The result of any such +inquiry must confirm the conclusion that 'something for nothing' is +the President's policy and achievement.</p> + +<p>A policy or a movement which is to involve the cooperation of +thousands of intelligent men cannot be carried out upon such terms, +and this may be regarded as the main reason why the spirit of +Republicanism did not generally itself develop under circumstances +apparently so favourable to it. The President's policy may be +considered astute or unwise according to the point of view from which +it is regarded. Viewed from the standpoint of the State itself, +undoubtedly it fails lamentably in statesmanship. In the interests of +the Boer party, however, or of the man Paul Kruger, it may well be +doubted whether the policy may not be a token of remarkable sagacity. +He knows his own limitations and the limitations of his people. He +knows that to freely admit to a share in the Government a number of +intelligent people, would make a continuance of himself or his party +in absolute power for any length of time a matter of utter +impossibility. In these circumstances the problem which President +Kruger had set himself was a remarkably difficult one. To +republicanize South Africa, to secure the support of the majority of +the white inhabitants, and yet to yield no whit of power to those by +whose aid he would achieve his object, would indeed be carrying to +sublime heights the policy of 'something for nothing.'</p> + +<p>Many years before the Raid Mr. Kruger had a well-defined policy to +republicanize South Africa, and the Uitlanders of the Transvaal were +quite alive to it, as may be gathered by reference to their +newspapers. But the voice was as a voice crying in the wilderness in +those days, and, as has been said, it required the Jameson Raid to +advertize the conditions in the Transvaal and to direct attention to +what had been proclaimed unheeded for many years. Immediately prior +to the Raid Mr. Kruger was floundering in a morass of difficulties. +The policy of 'something <a id="pg.291"></a>for nothing' had been exposed, and it was +seen through by all the Dutchmen in South Africa and was resented by +all save his own little party in the Transvaal; but the Jameson Raid +gave the President a jumping-off place on solid ground, and he was +not slow to take advantage of it.</p> + +<p>It is not too much to say that the vast majority of people in Europe +and America are indebted to Dr. Jameson for any knowledge which they +may have acquired of the Transvaal and its Uitlander problem. Theirs +is a disordered knowledge, and perhaps it is not unnatural that they +should in a manner share the illusion of the worthy sailor who, after +attending divine service, assaulted the first Israelite he met +because he had only just heard of the Crucifixion. A number of worthy +people are still disposed to excuse many things in the Transvaal +because of the extreme provocation given by the Jameson Raid. The +restrictions upon English education are considered to be 'not +unnatural when one remembers the violent attempt to swamp the Dutch.' +The excessive armaments are held to be 'entirely justifiable +considering what has happened.' The building of forts is 'an ordinary +precaution.' The prohibiting of public meetings is 'quite wrong, of +course, but can you wonder at it?' Many of these worthy people will, +no doubt, learn with pained surprise that all these things were among +the causes which led to the Reform movement of 1895-6, and are not +the consequences of that movement as they erroneously suppose. The +Press Law and Public Meetings Act had been passed; arms had been +imported and ordered in tens of thousands; machine guns and +quantities of ammunition also; forts were being built;<a href="#fn.42" class="fnmark">{42}</a> the +suppression of all private schools had been advocated by Dr. +Mansvelt—all long, long <a id="pg.292"></a>before the Jameson Raid. So also had the +republican propaganda been at work, but it had not caught on outside +the two Republics.</p> + +<p>Difficult as his task might appear, Mr. Kruger had now command of the +two great persuasive forces—money and sentiment. With the money he +pushed on the forts, and imported immense quantities of big guns, +small arms, and ammunition—far in excess of what could possibly be +used by the whole of the Boer population of the Transvaal after +making every allowance for spare arms in reserve; and such an +extraordinary supply was not unnaturally believed to be designed for +the use of others outside the Transvaal. More than this, an army of +emissaries, agents, and spies in the pay of the Transvaal Government +were spread about the Free State, Cape Colony, and Natal. Newspapers +were supported in different parts of South Africa and a considerable +amount of money was spent upon the Press in France and Germany.</p> + +<p>It would be absurd to suggest and it would be unjust to let it be +inferred that all those who were drawn into sympathy with the Boers +supported or were even cognizant of President Kruger's ultimate aim. +It is an everyday experience that the scope of work and ambition +expands as one progresses. Whether the strong man really sees his +ultimate goal and tackles with magnificent courage the innumerable +and seemingly insurmountable obstacles which lie between him and it, +or whether in the wisdom and mercy of Providence there is such an +adjustment of courage and foresight as prevents him from seeing more +than he is able to face, who can say? But what is beyond all doubt is +that, given the one strong man who does know his mind, he will lead +as the Pied Piper led, and there is no thought in his following to +ask the whither and the why.</p> + +<p>Given the sympathy and the means, the difficulty of President +Kruger's self-imposed task was not so great as at first appeared. To +some it was advisable to do no more than point to the Jameson Raid +and say: 'We only wish to live in peace and to be left alone.' To +some again that act is construed as a sign that the British people +wish to upset the two Republics, therefore they must strengthen and +be prepared. To others the appeal is made: 'We Dutch are the settlers +and owners of the country, we wish for peace, of course, but we must +dominate—you <a id="pg.293"></a>under your form of government, we under ours.' +To others again it is further advanced: 'Let us negotiate the +elimination of the Imperial power; we do not suggest fight, but if we +present a united front they must retire peacefully and concede our +demands.' And lastly comes the appeal to those who are in sympathy +with the advanced republicans: 'Arm and prepare. Some day we shall +find England in a difficulty, divided by party or hampered by +external complications; it has often happened before and we have +always profited. That will be our time to drive them out.'</p> + +<p>It would be very unjust to some of the most prominent men on the +Dutch side in Cape Colony to leave the slenderest grounds for the +inference that they are to be associated with the extreme and +actively disloyal aim. All that it is intended to do is to indicate +the fine gradations in arguments by which a number are drawn +together—under a leadership which they do not realize, and going +they know not where! The strongest of these arguments and appeals are +particularly popular with the younger generation of Dutch South +Africans who entertain a visionary scheme of independence suggested +by the history of the United States. But there is something more +serious in it than this, as may be deduced from the fact that in +December, 1896, the writer was approached by Mr. D.P. Graaff, +formerly a prominent member of the Cape Legislative Council and now +as always a prominent Afrikander Bondsman, with the suggestion that +all the South African born should combine in the effort to create the +United States of South Africa, 'upon friendly terms with England, but +confining the direct Imperial right in South Africa to a naval +base at Simonstown and possibly a position in Natal.' This +concession—from South Africa to England—would not, it was argued, +involve disadvantage to the former, because for a considerable time +it would be necessary to preserve friendly relations with England and +to have the protection of her fleet for the coast.</p> + +<p>It is of course quite easy to attach too much importance to the +opinions of individual politicians of this class, who are as a rule +merely shouters with the biggest crowd; but the prominent association +of such an apostle of republicanism with the Bond, and the fact that +he should have gone so far with a <a id="pg.294"></a>Reformer of known strong British +sympathies seem to warrant the attaching of some importance to the +suggestion.<a href="#fn.43" class="fnmark">{43}</a> A similar suggestion was made to several of the +Reformers at the time of the judicial crisis by one of the judges of +the Transvaal High Court, when it was hoped to enlist the sympathies +of the Uitlanders with a movement to curtail President Kruger's power +and to establish republicanism on a firmer basis in South Africa. In +order to forestall an obvious comment, it may be said that discussion +was in both cases declined on the ground that it would be +participating in politics in the sense forbidden by President +Kruger's three years' ban.</p> + +<p>The year 1896 was a very bad one for the whole of South Africa. +Besides the Raid and the suspense and disorganization entailed by the +prolonged trial, the terrible dynamite explosion in Johannesburg,<a href="#fn.44" class="fnmark">{44}</a> +the still more terrible rebellion and massacre in Rhodesia, and the +crushing visitation of the great cattle scourge, the Rinderpest, +helped to produce a deplorable state of affairs in the Transvaal.</p> + +<p>Then there was another thing which rankled badly: Messrs. Sampson and +Davies were still in gaol.<a href="#fn.45" class="fnmark">{45}</a> The feeling throughout <a id="pg.295"></a>South Africa +was reflected in the monotonous announcement which appeared in the +<i>Cape Times</i> week by week for thirteen months:—'To-day Messrs. +Sampson and Davies complete the—week of their imprisonment in +Pretoria gaol for the crime of not signing a petition.' It seemed +scarcely credible that the President should still harbour any +illusions about his magnanimity; nevertheless, for some weeks before +the celebration of the Queen's Record reign it was rumoured that the +two prisoners were to be released upon that occasion as a mark of his +Honour's sympathy. Opinion had not been unanimous upon the attitude +of either the President or the prisoners; but an ugly incident +silenced most of the President's apologists. Gold stealing and the +purchase of stolen gold were being carried on such a scale and with +such impunity that at last, in desperation, the directors and +officials of one of the big mining companies (the City and Suburban +G.M. Co.), at the risk of being shot by desperadoes, took upon +themselves the functions of the detectives and police. They caught +'red-handed' two notorious characters and delivered them over, with +the gold in their possession, to the authorities. The thieves +actually boasted then that nothing would happen to them as they had +'made it all right;' and a few days later one of them was allowed to +escape out of the Court-house buildings which stand in the middle of +a large square. The other was convicted and sentenced to six months' +imprisonment. He was a criminal of a bad and dangerous type, the head +of a gang known to be concerned in gold stealing and burglary as a +profession. The penalty was regarded by all parties as most +inadequate and the judge himself commented adversely upon the +drafting of the law which tended to screen the prisoner. Not one +mitigating circumstance was forthcoming! And yet, whilst ignoring a +fresh outburst of protest against the detention of Messrs. Sampson +and Davies, and whilst the Industrial Commission was exposing the +gold thefts and denouncing the complicity of the police, Mr. Kruger +decided to remit three-fourths of the <a id="pg.296"></a>sentence and to discharge +the thief unconditionally. Is it to be wondered that such ill-advised +action called to mind the prisoners' boast, and that it was +contrasted prominently with the treatment of the two Reformers?</p> + +<p>Three events of importance marked the year 1897 in the history of the +Transvaal. The first was the High Court crisis in February; the +second, the appointment of the Industrial Commission of Inquiry; the +third, the Queen's Record Reign celebration.</p> + +<p>The High Court crisis arose out of the case of Brown <i>v.</i> The State, +already referred to.<a href="#fn.46" class="fnmark">{46}</a> Brown had acted within his legal rights +according to the terms of a proclamation. That proclamation had been +illegally withdrawn, and the Government realizing that they would +have to stand the consequences of their action in the courts of the +country, introduced a law which was immediately passed by the +Volksraad, absolving them from all liability, and practically +non-suiting all claimants. Mr. Kotzé in his judgment declared this +law to be improper and in conflict with the Constitution, and gave +judgment in favour of Brown, but left the amount of damages to be +determined later after hearing further evidence.<a href="#fn.47" class="fnmark">{47}</a></p> + +<p>The first Volksraad was then in special session, and the President +promptly introduced a law known as Law 1 of 1897, which empowered him +to exact assurances from the judges that they would respect all +resolutions of the Volksraad as having the force of law and declare +themselves not entitled to test the validity of a law by its +agreement or conflict with the Constitution; and it further empowered +the President in the event of his not being satisfied with the +character of the replies to summarily dismiss the judges. The judges +protested in a body that they would not submit to such treatment. The +High Court was adjourned and all legal business was stopped. +Particularly <a id="pg.297"></a>emphatic was Mr. Justice Gregorowski. He stated that +no honourable man could possibly sit upon the Transvaal Bench as long +as Law 1 of 1897 remained upon the Statute Book. At this juncture Sir +Henry de Villiers, Chief Justice of Cape Colony, came to Pretoria for +the purpose of effecting a compromise and averting a crisis. The +compromise was practically an armistice. The judges promised not to +exercise the testing right pending the speedy introduction of a +measure safeguarding the independence of the courts. Mr. Kruger on +his side promised to refrain from enforcing the provisions of Law 1 +of 1897, and undertook to introduce as speedily as possible the +required new law.</p> + +<p>The position in which the President found himself was undoubtedly one +of some difficulty, but he chose a very bad way out of it. +High-handed arbitrary methods cannot effect a permanent and +satisfactory solution of a question of that character, but Mr. Kruger +was unwilling to go to the root of the evil and to admit what Mr. +Kotzé's judgment had brought home with perhaps too sudden force, +namely, that the laws and system of Government were in a condition of +complete chaos. The sequel can be told in a few words. In February, +1898, Mr. Kotzé considered that ample time had been allowed by him +for the fulfilment of President Kruger's promise. Sir Henry de +Villiers thought it proper to allow more time. The point of +difference between Mr. Kotzé and Sir Henry de Villiers was the +interpretation to be placed upon the expression 'this session,' which +had been used in the previous February when the President had said +that if he did not introduce the proposed measures this session, the +judges might consider that he had failed to keep his promise. Mr. +Kotzé contended that as the Raad was then in session it meant <i>that +session</i>, and that in any case that session and another had passed, +and a third was in progress and there was still no sign of the +promised measures. Sir Henry de Villiers stated that in his opinion +the reasonable construction would be that Mr. Kruger meant the +following <i>ordinary</i> session, and that only ordinary sessions could +be considered (for in each year there are one special and one +ordinary session), so that the President might be entitled to claim +the whole of the year 1898 within which to <a id="pg.298"></a>fulfil his promise, but +that this would be the extreme limit of forbearance, after which +failure could only be regarded as a breach of faith. Sir Henry de +Villiers in fact defended Mr. Kruger. Mr. Kotzé, however, held to his +opinion; he wrote to the President reminding him of the undertaking, +charged him with failure to keep his promise and withdrew the pledge +which he had given. The President promptly exercised his right under +Law 1 of 1897, and dismissed Mr. Kotzé, who had served the country as +judge and chief justice for over twenty years. Whatever the merits of +the particular case may be it appeared to be a shocking exhibition +of arbitrary power to dismiss without compensation, pension, or +provision of any sort, a man no longer young, whose services had been +given for nearly a quarter of a century, who in the extreme dilemma +of the Raid had stood by the President, and who, from some points of +view, must be admitted to have served him 'not wisely but too well.'</p> + +<p>Mr. Kotzé was not at that time popular among the Uitlanders on +account of his action in the matter of the Reformers, and especially +because he had acted on behalf of the Government in securing the +services of Mr. Gregorowski for the Reform trial; but the +circumstances of his dismissal and the fact that he was known to be +dependent upon his salary as judge, taken in conjunction with the +courageous stand which he had made against the President's arbitrary +will, enlisted public sympathy on his behalf, and a purse amounting +in all to about Ł6,000 was presented to him as a mark of appreciation +for his past services. But then followed the 'most unkindest cut of +all.' Mr. Gregorowski, who had resigned a judgeship in order to fill +the post of State Attorney when Dr. Coster, in consequence of an +insulting reference of the President's to his countrymen, +relinquished it,—Mr. Gregorowski, who had been foremost to declare +that no honourable man could possibly accept the position of judge +while Law 1 of 1897 stood on the Statute Book, became Chief Justice +<i>vice</i> Mr. Kotzé dismissed. And by way of finally disposing of the +subject, the President when questioned in the Raad as to the +explanation of his apologist, denied that he had ever made any +promise of any sort or description to Sir Henry de Villiers or +anybody else!</p> + +<p><a id="pg.299"></a>Mr. Justice Ameshof, who with Mr. Kotzé had made a stand against the +President in this matter, was also obliged to relinquish his +judgeship. Thus it will be seen that at one swoop Mr. Kruger disposed +of three reputable intermediaries whom he had used to great advantage +at one time or another. 'Something for nothing,' for Mr. Kruger! +Whether Mr. Kotzé acted in haste or whether Sir Henry de Villiers' +plea for more time was justified are questions which it is no longer +necessary to discuss, not alone because Mr. Kruger denied ever having +made the promise out of which the disagreement arose, but because +even up to the present time no measure safeguarding the High Court +has been introduced or foreshadowed in the legislature. And Law 1 of +1897, which according to Mr. Gregorowski made it impossible for any +honourable man to sit upon the Bench, is still upon the Statute Book +and Mr. Gregorowski sits as Chief Justice subject to its provisions.</p> + +<p>No one disputes that the position of the High Court as determined by +Law 1 of 1897 is a very unsatisfactory one, but the apologists for +President Kruger frequently say that there has been no actual case of +hardship, and that the Uitlanders are crying out before they are +hurt. They maintain that it was a measure passed under great +provocation for a particular purpose, and that the power granted +under it, although very undesirable in principle, has never been +used. This is incorrect; the power has been used, and injustice has +been suffered. Two cases of actual hardship are those of Brown <i>v.</i> +Government, the case out of which the whole matter arose, and the +case of the Pretoria Waterworks Company. But there are other cases +too which have never been brought into court having been either +compromised or abandoned because of the hopelessness of the position, +for it is obvious that there would be great reluctance on the part of +business men to make a fight merely for the purpose of showing that +they suffered under a disability when the result of such a fight +would inevitably be to antagonize the only tribunal to which they +could appeal.</p> + +<p>The case of the Pretoria Waterworks Company is rather a bad one. The +Government in 1889 gave a contract for the water supply of Pretoria. +It was a permission, but not an <a id="pg.300"></a>exclusive right, to supply the +town from springs on Government ground. The President, finding that +the contractor was not in a position to undertake the work, requested +certain business houses to form a company to acquire this right and +to supply the town with water. After inquiry into the local +conditions and the probable costs, these people represented that +unless they received the exclusive right they would be unable to +undertake the work, as the cost of importing pipes and machinery +transported from Natal by bullock waggon and the then expensive +conditions of working would make the work so costly that at a later +period, after the introduction of railways, it would be possible for +competitors, such for instance as the projected Municipality of +Pretoria, to establish a system of water supply at probably half the +cost of the first one and thus compete to their disadvantage. For +these reasons the contractor and his friends declined to proceed with +the formation of the company. The President, however, was very +desirous of having a good water supply, and after some months of +negotiations the original contract was supplemented by a grant from +the Executive Council, who then held plenary powers from the +Volksraad, giving the proposed company the exclusive right. +Immediately after the receipt of this grant the company was formed, +the capital subscribed and the machinery and other material +purchased. In 1898, after nine years of work, during which +shareholders had received dividends averaging 2-2/3 per cent. per +annum, some differences occurred between the Company and the +consumers, and the latter combined and subscribed the necessary funds +to take action in the High Court, the object being to challenge the +exclusive right and to enable the town through its Municipality to +provide its own supply. At the same time the Government at the +instance of the townspeople opened negotiations with the Company with +a view to expropriation in accordance with the terms stipulated in +the original contract. While matters were in this position, however, +certain members of the Volksraad prominently concerned in the action +against the Company, introduced a measure in the Volksraad cancelling +the second or exclusive grant made by the Government nine years +before and <a id="pg.301"></a>recommending that the Government should either buy out +the Waterworks Company upon suitable terms or should give the +necessary facilities to the Town Council to introduce another system +of supply. The application of the Company to be allowed to state its +case was ignored, and after a short discussion the resolution was +passed and the measure became law. By the action of the Volksraad the +Company was deprived of that principal asset upon the security of +which the capital had been subscribed, and the Government were +rescued from an awkward position. The Government took no steps to +defend their action in granting the right or to protest against the +action of the Volksraad, and became, therefore, parties to an act of +piracy. The Company were thus placed entirely at the mercy of the +Government, for under the provisions of Law 1 of 1897, the Volksraad +resolution put them out of court both as to upholding their title and +claiming damages. All doubts as to the Government's complicity in +this action were removed when upon negotiations being opened for the +expropriation of the Company the Government refused to follow the +procedure prescribed in the contract on the ground that as the +Company had now lost the exclusive right they must accept a less sum +in compensation, otherwise the Government would authorise the rival +Municipal scheme. Under these circumstances the shareholders having +no other power to appeal to adopted the common-sense course of taking +what they could get. The result can only be expressed in figures. The +shares, which had been purchased at over 40s. at the time of the +Volksraad's action were worth less than 28s. in liquidation. The +inquiry into the Raid by the Select Committee of the House of +Commons, early in 1897, was productive of a result which is not +always traced to its real cause. The greatest dissatisfaction was +expressed in the Transvaal and among all the Boers in South Africa +with one feature of the Westminster inquiry, viz., the investigation +of the causes which made the Raid possible. Mr. Kruger and his +friends had enjoyed such a run of luck and so much indulgence, and +had been so successful in presenting their side of the case only, +that it seemed to them improper that anyone should wish to inquire +into all the circumstances. It would even appear from what +<a id="pg.302"></a>followed that the President had convinced himself that there were no +grievances, that he was an entirely innocent party deeply injured by +the Reformers and the British Government, and that the Westminster +inquiry had been authorized and conducted for the sole purpose of +exposing him and justifying the Reform movement.</p> + +<p>As the months dragged on and no improvement in the conditions of the +Uitlanders took place, as indeed the complaints grew louder and the +state of affairs grew worse, the President again began to hear the +voices calling for reform. Timid whispers they were, perhaps, and far +between, for the great bulk of the Uitlanders were in a morose and +sullen mood. Having tried and failed on stronger lines they were +incapable as yet of returning with any heart to the old fruitless and +already rejected constitutional methods. The suggestions for reform, +consequently, came principally from those who were on friendly terms +with the Boer party and believed themselves to carry some weight. +They have by this time learned that nobody carries weight with +President Kruger unless he has power to back his suggestions. Many +years before, the late Mr. W.Y. Campbell as spokesman of a deputation +from Johannesburg, addressing President Kruger, stated in the course +of his remarks that the people of Johannesburg 'protested' against a +certain measure. The President jumped up in one of his characteristic +moods and said: 'Protest! Protest!! what is the good of protesting? +You have not got the guns! I have.' And Mr. Campbell, in reporting +this in Johannesburg, remarked: 'That man is sensible; he knows the +position. I claim to be sensible also, and I know he is right: you +can take my name off any other deputations, for we'll get nothing by +asking.'</p> + +<p>It is stated, and the statement comes from one who claims to have +been the father of the suggestion, that the President was induced to +appoint a commission of inquiry by the argument that if, as he +believed, the wretched state of affairs in Johannesburg was due not +to the action of the Government but to the greed, machinations, and +mismanagement of the capitalists, nothing could suit the latter worse +than to be taken at their word and to have a commission appointed to +take evidence on oath and to publicly inquire into the state of +affairs; in fact <a id="pg.303"></a>to copy the Westminster inquiry. It is +conceivable that the resolute refusal to investigate matters or to +listen to complaints or explanations which the President had +throughout maintained may have been the means of preserving a +blissful faith in the strength of his own case and the rottenness of +the Uitlanders'; at any rate, it seems to be an undoubted fact that +the Industrial Commission of Inquiry, which was appointed by the +Executive at the request of the President, was appointed in the +confident belief that it would shift the burden of responsibility +from his shoulders to those of the capitalists. This construction of +his motives may appear to be severe and perhaps even unfair, but it +is entirely borne out by the manner in which he dealt with the report +of the Industrial Commission, fighting against its acceptance, +ignoring the recommendations of relief, and even imposing fresh +burdens. There is, nevertheless, one thing to be deduced which is in +a manner to Mr. Kruger's credit, and that is that he really must have +believed that the case would—from his point of view—bear inquiring +into.</p> + +<p>The members of the Commission with power to vote were Messrs. Schalk +W. Burger, Member of the Executive Council (Chairman); J.S. Smit, +Government Railway Commissioner; Christiaan Joubert, Minister of +Mines; Schmitz-Dumont, Acting State Mining Engineer; and J.F. de +Beer, first special Judicial Commissioner, Johannesburg. Mr. Thos. +Hugo, the General Manager of the National Bank, was appointed +financial adviser, and certain advisory members were arbitrarily +selected by the Government. The complete exclusion of all those who +had had any direct or indirect association with the late Reform +movement or with those in any way connected with it strengthened the +conviction that the Government designed the Commission to be a +whitewashing one; but whatever the design may have been it would be +doing an injustice both to the Government officials and to the +advisory members to have it supposed that they were parties to such +an idea. They were not; they did their work admirably, and no inquiry +could have been conducted in a better spirit. This, however, was not +foreseen, and it was with the greatest difficulty that the Uitlanders +were induced to view the thing seriously and to realize that, no +<a id="pg.304"></a>matter how it had occurred, this was a supreme opportunity for +proving to the world the soundness of their case. The report and +proceedings are published by the Witwatersrand Chamber of Mines in a +volume containing over 700 pages of printed matter and a number of +diagrams. The whole constitutes a damning indictment of the +Government, as the following extracts from the report of the +Commission testify:—</p> + +<div class="quoted"> + +<p>Your Commission are pleased to state that at present there exist all +the indications of an honest administration, and the State, as well +as the Mining Industry, must be congratulated upon the fact that most +of the mines are controlled and directed by financial and practical +men who devote their time, energy, and knowledge to the mining +industry, and who have not only introduced the most up-to-date +machinery and mining appliances, but also the greatest perfection of +method and process known to science. But for these a good many of the +mines now producing gold would not have reached that stage....</p> + +<p>To avoid such a calamity (viz., the closing down of the mines) your +Commission are of opinion that it is the duty of the Government to +co-operate with the mining industry, and to devise means in order to +make it possible for lower-grade mines to work at a profit, and +generally to lighten the burdens of the mining industry. This and the +development and equipment of the new mines are a few examples among +others where it is desirable that the Government shall take an active +part, especially when the fact is taken into consideration that up +till now the mining industry must be held as the financial basis, +support, and mainstay of the State.</p> + +<p>The question, therefore, becomes one of national economy, and it is +incumbent upon the Government, considering the rapid growth and +progress of the country, to so alter its fiscal laws and systems of +administration as to meet the requirements of its principal +industry....</p> + +<p>Your Commission entirely disapprove of concessions, through which the +industrial prosperity of the country is hampered. Such might have +been expedient in the past, but the country has now arrived at a +state of development that will only admit of free competition +according to republican principles. This applies more especially to +the gold industry, which has to face its own economical problems +without being further burdened with concessions that are irksome and +injurious to the industry and will always remain a source of +irritation and dissatisfaction.</p> +</div> + +<p>As to white labour:—</p> + +<div class="quoted"> + +<p>Your Commission are of opinion that wages are not excessive, regard +being had to the high cost of living at the mines. In fact, they are +only sufficient to satisfy daily wants, and, consequently, it cannot +be expected that white labourers will establish their permanent abode +in this Republic unless conditions are made by which their position +will be ameliorated....</p> + +<p>Your Commission are of opinion that as long as the cost of living +cannot be considerably reduced it will be almost impossible to reduce +<a id="pg.305"></a>the wages of white labourers, and they would strongly recommend that, +as far as possible, necessaries of life should be imported free of +duty and conveyed to the mines as cheaply as possible.</p> +</div> + +<p>As to the sale of liquor:—</p> + +<div class="quoted"> + +<p>It has been proved to your Commission that the Liquor Law is not +carried out properly, and that the mining industry has real +grievances in connection therewith, owing to the illicit sale of +strong drink to the natives at the mines, and they wish especially +and strongly to insist that the stipulations of article 16 of the law +shall be strictly enforced. The evidence given on this point proves +that a miserable state of affairs exists, and a much stronger +application of the law is required.</p> +</div> + +<p>Following this there is a long criticism with recommendations in +detail.</p> + +<p>As to import duties:—</p> + +<div class="quoted"> + +<p>With reference to this matter, your Commission can only recommend +that, if possible, foodstuffs ought to be entirely free from +taxation, as at the present moment it is impossible to supply the +population of the Republic from the products of local agriculture and +consequently importation is absolutely necessary.</p> +</div> + +<p>As to explosives:—</p> + +<div class="quoted"> + +<p>Before entering on this subject, we wish to put on record our +disappointment with the evidence tendered on behalf of the South +African Explosives Company, Ltd. We expected, and we think not +unreasonably, that they would be able to give reliable information +for our guidance respecting the cost of importation, as well as of +local manufacture, of the principal explosives used for mining +purposes; but, though persistently questioned on these points, few +facts were elicited and we regret to say that they entirely failed to +satisfy us in this important respect....</p> + +<p>That the principal explosives used here can be purchased in Europe, +and delivered here at a price far below the present cost to the +mines, has been proved to us by the evidence of many witnesses +competent to speak on the subject, and when we bear in mind that the +excess charge of 40s. to 45s. per case does not benefit the State, +but serves to enrich individuals for the most part resident in +Europe, the injustice of such a tax on the staple industry becomes +more apparent and demands immediate removal.</p> +</div> + +<p>After showing that the dynamite monopolists make a profit of 47s. 6d. +per case on No. 1 dynamite, and 55s. on blasting gelatine, over and +above the price at which the mines could buy explosives if there were +no monopoly or protection, the report goes on:—</p> + +<div class="quoted"> + +<p><a id="pg.306"></a>The Mining Industry has thus to bear a burden which does not enrich +the State or bring any benefit in return, and this fact must always +prove a source of irritation and annoyance to those who, while +willing to contribute to just taxation for the general good, cannot +acquiesce in an impost of the nature complained of....</p> + +<p>Your Commission inspected the factory at Modderfontein, and it must +be admitted that the construction of the works and general equipment +are in many respects admirable, and it appears to us greatly to be +regretted that so much money should have been invested in an +undertaking for the manufacture of any article whereof the +ingredients have to be imported at a great cost, four tons of raw +material being required to produce one ton of the manufactured +article.</p> + +<p>It has been proved to our satisfaction that none of the raw material +used is found in this country, or only in such small quantities as to +make it practically valueless for the purpose required.... All these +drawbacks, which make it almost impossible to establish a bonâ-fide +industry, fall on the mines and render their task, especially that of +the low-grade mines, extremely difficult and discouraging. Another +point that has been brought to the notice of your Commission is the +prejudicial effect exercised by this monopoly in practically +excluding from the country all new inventions in connection with +explosives, and, in view of the numerous dynamite accidents that have +taken place from time to time, it is to be regretted that it is not +possible to make satisfactory trials of other and less dangerous +explosives for the working of the mines. These questions have +received the careful consideration of your Commission, who are forced +to the conclusion that the factory has not attained the object for +which it was established, and that there is no reasonable prospect of +it doing so. Further, that there are good grounds for believing that +the contractors have failed to comply with the conditions of their +contract.</p> + +<p>For the aforesaid reasons, and in view of the opinion expressed by +the Volksraad Dynamite Commission, that the legal position of the +Government against the contractors is undoubtedly strong, your +Commission desire to recommend that the case be placed in the hands +of the legal advisers of the State, with a view to ascertaining +whether the contract cannot be cancelled.</p> + +<p>Meanwhile your Commission recommend that the Government avail itself +forthwith of its right under Article 15 of the Regulations, to take +away the agency of trading in gunpowder, dynamite, cartridges, and +other explosives from the above-mentioned persons and at once take +into its own hands the importation of dynamite and other explosives +for the benefit of the mining industry, subject to a duty of not more +than 20s. per case or such other less sum as may be determined from +time to time.</p> + +<p>This protective duty, while considerably increasing the revenue of +the State, will at the same time offer ample protection to any +industry of this description in the Republic. In the event of +cancellation being advised to be possible, free trade in explosives +to be at once established, subject to a duty of 20s. per case or such +other less duty as may be determined upon from time to time, and +manufacturing of other explosives in the Republic to be allowed, and +also to be protected by the same import duty....</p> + +<p>Your Commission desire further to observe that it is not clear to +them, judging from the published accounts of the South African +Explosives Company for 1895 and 1896, that the Government receives +the proportion of surplus profit secured to it under the contract, +viz., 20 per <a id="pg.307"></a>cent., and would strongly recommend, in accordance +with Article 6 of the contract, an immediate investigation of the +Company's accounts by qualified accountants, in conjunction with the +financial adviser of the Commission, in order to find out what amount +is still due to the Government under this head.</p> +</div> + +<p>As to railways:—</p> + +<div class="quoted"> + +<p>Your Commission have followed with great attention and interest the +evidence and statistics submitted on this point. From those it +appears that not only are the tariffs charged by the Netherlands +Railway Company such that by the reduction of the same the industry +would be considerably benefited, but that such a reduction would +necessitate that the neighbouring States and Colonies would also have +to reduce their tariffs considerably.</p> + +<p>Your Commission have come to the conclusion that, taking into +consideration the evidence submitted to them, and taking the gross +revenue of traffic of goods at about Ł2,000,000 (as in 1896) it would +be desirable to recommend so to regulate the tariff that the gross +revenue for 1896 would have been reduced by Ł500,000, equivalent to +an average reduction of 25 per cent. Further, your Commission deem it +desirable that the Government shall make such arrangement as will +secure to them in the future a voice in the fixing of the tariffs of +the N.Z.A.S.M., and express their confidence that as soon as +prosperous times will warrant such a course a further reduction in +tariffs will be effected. Your Commission wish to recommend that the +reduction will be chiefly applied to traffic of coal, timber, mining +machinery, and foodstuffs, according to a scale to be agreed upon +between the Government and the N.Z.A.S.M. Your Commission are of +opinion that in this manner the industry will be met in a very fair +way. Your Commission wish to express the opinion that it is +absolutely necessary that the reduction in all local tariffs will be +brought about as speedily as possible, while they express the hope +that where the co-operation of the neighbouring States and Colonies +is required, negotiations will be initiated and carried out so +speedily that the reductions to be so initiated will come into force +not later than 1st January next. Several witnesses and some of the +Commission have urged the expropriation of the N.Z.A.S.M. by the +Government. Your Commission, however, for several reasons known to +them, and after same have been communicated to those members of the +Commission who wished to urge the expropriation of the N.Z.A.S.M., do +not at the present moment desire to urge expropriation provided by +the other means terms can be secured from the Company so as to obtain +the reduction at present urgently required on the basis as above set +forth. Your Commission have been informed that the Company have +proposed to adopt the dividends of the three years 1895, 1896, and +1897 as a basis for the expropriation price, and your Commission can +agree to such proposal. The expropriation price being thus fixed, the +Company will have all the more reason to co-operate towards the +lowering of the tariffs. Further, it appears from the evidence of the +managing director of the N.Z.A.S.M., that in consideration of the +reduction of tariffs, he wished to have secured to the Company a +certain period of existence. Your Commission cannot recommend this +course, because they do not deem the same to be in the interests of +the State, and it would be contrary to the wishes of the public.</p> +</div> + +<p><a id="pg.308"></a>As to gold thefts:—</p> + +<div class="quoted"> + +<p>According to the evidence submitted to your Commission, gold thefts +are on the increase, and although the Volksraad has given the matter +their favourable consideration, and have, at the instance of the +Mining Industry, so amended the Gold Law as to provide for the +punishment of the sale and being in possession of raw gold, still it +has been stated to your Commission in evidence, that the gold thefts +amount to about 10 per cent. of the output, equivalent to an amount +of Ł750,000 per annum. It follows that the administration of the law +must be faulty, because there are only very few instances where the +crime has been detected and punished. If those figures are not +exaggerated, and your Commission have no reason to suppose so, then +this matter deserves the serious consideration of the Government. The +suppression of this crime can be considered as a real saving to the +industry, and this amount of three-quarters of a million would, +especially in times of depression, exercise a large influence on the +yield and financial position of the mines. The industry ask that the +penal clauses regarding this matter shall be eliminated from the Gold +Law, and that a separate law be passed, more or less on the basis of +the I.D.B. Law of Kimberley, Cape Colony, and that measures shall be +taken by which the injured parties shall be enabled to exercise +control, and have supervision over any department to be established +for the detection and suppression of thefts of new gold. Your +Commission are of opinion that the Government could grant this +request without injuring their dignity, on the basis hereinafter +mentioned. On the contrary, it would remove the blame from the +present administration, viz., that these thefts can be practically +carried on with impunity.</p> +</div> + +<p>As to the Local Board:—</p> + +<div class="quoted"> + +<p>The evidence which has been laid before your Commission has contained +suggestions to establish a Board on which Government nominees and +representatives of the mining industry and of the commercial +community of the Witwatersrand should sit, so that the Government +representatives should have the benefit of the experience of men +whose daily occupation it is to look closely into all the affairs +appertaining to the mines, &c. Your Commission is of opinion that it +is advisable that these suggestions should be acted upon. The scope +of this Board should consist of the supervision of the administration +of the following laws, viz.:—</p> + +<p>The Liquor Law as far as it concerns the proclaimed goldfields, the +Pass Law, and the Law relating to Gold Thefts; and the Board will +further have an advisory voice in the supply of natives to the mines, +which your Commission has recommended your Government to take into +its own hands. The area under the surveillance of the Board should +include the Heidelberg, Witwatersrand, and Klerksdorp districts, and +other goldfields as may be found desirable hereafter. Your Commission +suggests that the Board consists of the following: Five members to be +appointed by the Government, and four delegates to be appointed by +the following bodies, with the consent of the Government, viz., one +delegate of the Chamber of Mines, one of the Association of Mines (or +in case of an amalgamation, two representatives of the new Chamber), +a nominee of the Mine Managers' Association, and a nominee of the +commercial community of Johannesburg. <a id="pg.309"></a>Your Commission would advise +that a separate detective force be placed under the department, whose +duty it should be to detect any infringements of the above-mentioned +laws, and to bring the offenders to justice in the ordinary course of +law. It should also be in the sphere of the Board's work to report to +the proper authorities any laxity on the part of the officials who +have to administer the above-mentioned laws. The Board is to report +to the Executive Council upon the working of the laws referred to, +and to suggest alterations. It must be well understood that the power +of this Board must in no way clash with the sphere of the Minister of +the Mines department and the Licensing Board, but co-operate with the +same. We should adduce as a reason the more for the creation of such +a Board that Government could depute to them the right to receive +deputations, hear their arguments, and report to the Government on +the subject, whereby a great saving of time would be the result. We +would recommend that the Commission be appointed at once, and that +they shall frame their proposals for regulations and submit them at +once to the Government.</p> + +<p>The establishment of a local mining board has been strongly urged by +witnesses. From an industrial and financial point of view this +country must be considered as still in its infancy, and, without loss +of dignity or prestige, the Government may accede to the above +request. Experience in these matters can only be attained after the +lapse of long years, and by coming in contact with experts from other +countries the State will reap the benefit of the knowledge obtained +in their country, where these problems have for decades exercised the +minds of their leading citizens.</p> + +<p>In conclusion, your Commission fervently hope that they have truly +and faithfully interpreted the object of the inquiry, and that their +suggestions and recommendations, if acted upon, will confer a lasting +benefit on the country and people.</p> +</div> + +<p>The evidence, as has been stated, was all given on oath, and some +very interesting details came out. In one case Dr. Leyds's system of +misrepresentation was exposed. Whilst the Commission was actually +taking evidence the then State Secretary in an interview with the +Paris <i>Temps</i> strongly supported the dynamite monopoly, and stated +that the price charged, namely, 90s. per case, was the same at which +the Chamber of Mines had offered to enter into a sixteen years' +contract with Nobel's factory. A witness questioned on this point +explained that this was quite true as regards price, but that Dr. +Leyds had suppressed the essential fact that whereas out of the 90s. +paid to the monopolists the Government only receive 5s. by way of +duty, they would out of the 90s. which it was proposed to pay for +Nobel's dynamite receive no less than 38s. per case as duty, and that +if the contract proposed by the Chamber had been made the Government +would have profited during the previous four years to the extent of +<a id="pg.310"></a>Ł1,200,000 instead of Ł150,000. Upon another occasion light was +thrown on dark places in a rather disconcerting fashion. Mr. +Christiaan Joubert, Minister of Mines, took one of the witnesses in +hand with the object of showing that the people of Johannesburg had +only themselves to thank for the loss of confidence in this business. +The following questions and answers are from the official report:—</p> + +<div class="quoted"> + +<p>Should not the Chamber of Mines co-operate with the Department of +Mines to get a law protecting European shareholders from being +defrauded by swindlers?—I don't know if such a law could be framed +without interfering with what, in other countries, is considered to +be personal liberty. You have to come to the point whether the man +intended to swindle, and that can only be settled by the Court, as a +matter of personal judgment. If a good law could be devised it would +be beneficial.</p> + +<p>Is there no possibility for the Chamber of Mines to work with the +Department for the passing of such a law?—I don't know if laws exist +in France, Germany, England, or America, to that specific effect; but +if so, I would be guided by the wisdom and immense experience of the +law makers of those countries, otherwise we might be rushing in where +angels fear to tread.</p> + +<p>Is it then possible? Are you willing to discuss the matter with +us?—Oh, yes; but I do not think that that is exactly what is wanted +in order to restore confidence. Lots of things combine to shake the +confidence of investors. For instance, to deal with some small and +homely matters, I was told by a member of the Sanitary Board +yesterday that an application for the underground rights of the +Market Square, had been made by Mr. Jan Meyer, a leading member of +the Volksraad. That does not help to restore confidence. The Sanitary +Board applied for a portion of the Telephone Tower Park in order to +erect a Town Hall. They were refused. Now, some one has made an +application for the right to erect swimming baths. That does not +restore confidence. I hope the mere publication of these things will +prevent them from succeeding. The Sanitary Board applied for the +Union Ground, also for public purposes, but it was granted to private +applicants on the quiet. They have hawked it about and borrowed money +on it. It was offered to many of the big capitalists here, but they +would not touch it. The Sanitary Board are told that a building is to +be put up, in which fifty rooms will be set aside for them, but they +are not satisfied that the authorities should do good by stealth and +blush to find it fame.</p> + +<p>I cannot understand how mere applications can shake +confidence?—Well, they do, because they are only made when there is +a chance of their being granted. But, if you want facts, I will tell +you what shook the investor's confidence as much as anything that has +happened for years—that was the Ferreira claim-jumping raid, which +it was sworn to in Court had been suggested by you yourself, Mr. +Joubert.</p> + +<p>Not 'suggested' by me—</p> + +<p>The Chairman said the witness was straying away from the original +question.</p> + +<p>Witness said that the Minister of Mines had wanted examples of what +shook confidence, so he was obliged to give them.</p> +</div> + +<p><a id="pg.311"></a>The report of the Commission created a very favourable impression. +The majority of people believed that although it might not be +entirely acted upon, yet it would be quite impossible for the +President and the Volksraad to disregard suggestions made by so +influential a group of officials as those forming the Commission, and +that at any rate most of the recommendations would be accepted. The +unbelieving few who knew their President Kruger, however, waited for +something to be <i>done</i>. Presently ominous rumours went round about +differences in the Executive. Then came the scenes in the Volksraad, +when the President revealed himself and charged Mr. Schalk Burger +with being a traitor to his country for having signed such a report, +followed by the usual fight and the usual victory for the President, +and the usual Committee constituted mainly of extreme Conservatives +appointed to report upon the other Commission's report; and then the +usual result: Something for nothing. The Netherlands Railway made an +inconsiderable reduction in rates, which it appears was designed to +buy off, and did succeed in buying off, further scrutiny of its +affairs. With regard to the two big monopolies, Dynamite and Railway, +it appears that the Volksraad Commission accepted the private +assurances of the monopolists as sufficient warrant for reversing the +conclusions of the Industrial Commission. The proposed Local Board +for the goldfields was promptly ruled out as an unthinkable +proposition, a government within a government, and was so denounced +by the President himself. But the report of the Volksraad +Committee contained one supreme stroke of humour. It adopted the +recommendations of the Industrial Commission to remit the duties upon +certain articles of consumption so as to make living cheaper, but as +a condition it stipulated that in order that the State revenue should +not suffer, the duty upon other articles of consumption should be +increased so as to rather more than counterbalance the loss. That was +one result which the Uitlanders had in the beginning confidently +expected: Something for nothing. But the other result upon which they +had also calculated was a valuable one. They had put their case on +record and for the future the task of justifying the Uitlanders' +cause was to be <a id="pg.312"></a>reduced to the formality of pointing to the +Industrial Commission's report.</p> + +<p>The third event of importance, and an event of much greater +importance than has generally been recognised, was the Queen's Record +Reign celebration in Johannesburg. 'Britons, hold up your heads !' +was the watchword with which the late Mr. W. Y. Campbell started to +organize what he eventually carried out as the biggest and most +enthusiastic demonstration ever made in the country. No more +unselfish and loyal subject of her Majesty ever set foot in South +Africa than Mr. Campbell, whose organization and example to 'Rand +Britons,' as he called them, did more to hearten up British subjects +in the Transvaal than has ever been fully realized or properly +acknowledged. The celebration was an immense success in itself, and +besides restoring the hopes and spirits of British subjects it +promoted generally a better feeling and a disposition to forget past +differences.</p> + +<p>One of the consequences of the Raid and Reform had been a split in +the Chamber of Mines caused by the secession of a minority who held +views strongly opposed to those of the Reform party. It has always +been the policy of the Government to endeavour to divide the Rand +community. This is no vague general charge: many instances can be +given extending over a number of years. The accidental revelations in +a police court showed that in 1891 the Government were supporting +from the Secret Service Funds certain individuals with the object of +arranging labour unions to coerce employers upon various points. The +movement was a hopeless failure because the working men declined to +have anything to do with the so-called leaders. When the split took +place in the Chamber of Mines, it became the business of Dr. Leyds +and the President to keep the rift open. This was done persistently +and in a very open manner—the seceders being informed upon several +occasions that a fusion of the two Chambers would not be welcome to +the Government. Both before and since that time the same policy has +found expression in the misleading statement made on behalf of the +Government upon the compound question (namely, that the companies +were aiming at compounding <a id="pg.313"></a>all the natives and monopolizing all +the trade of the Rand), a statement made to divide the mercantile +from the mining community. The fostering of the liquor industry with +its thousands of disreputable hangers-on is another example; the +anti-capitalist campaign carried on by the Government press another. +And the most flagrant of all of course is the incitement to race +hatred. <i>Divide et impera</i>, is a principle which they apply with +unfailing regularity whether in their relations with other countries, +in the government of their own State, or in their dealings with +private individuals. Happily for the Rand community the effort to +settle their internal differences was successful; towards the end of +1897 the fusion of the two mining chambers took place, and the +unanimity thus restored has not since been disturbed.</p> + +<p>By this time even the most enthusiastic and sanguine friends of the +Government had to some extent realized the meaning of the 'something +for nothing' policy. They began to take count of all that they had +done to please Mr. Kruger, and were endeavouring to find out what +they had got in return. The result, as they were disposed to admit, +was that for all the good it had done them they might as well have +had the satisfaction of speaking their minds frankly as the others +had done. The Raad's treatment of the Industrial Commission report +had estranged all those who had taken part in the deliberations of +the Commission, and as Mr. Kruger had been careful to select only +those whom he believed to be friendly to him he suffered more in the +recoil than he would otherwise have done. He fell into the pit which +he had himself dug.</p> + +<p>Mr. Kruger was fast losing his friends, and another affair which +occurred about this time helped to open the eyes of those who still +wished to view him in a favourable light. Mr. Chamberlain in the +course of some remarks had stated that the President had failed to +fulfil the promises which he had made at the time of the Raid. His +Honour took an early opportunity to denounce Mr. Chamberlain to Mr. +J. B. Robinson and the manager of the then Government newspaper in +Pretoria. 'I would like Mr. Chamberlain to quote,' he said, 'any +instances of my failure to keep my promises, and I will know how to +answer him.' The challenge <a id="pg.314"></a>was published and Mr. Chamberlain +promptly cabled instructions to the British Agent to ask President +Kruger whether he had said this and if so whether he really did +desire a statement by Mr. Chamberlain of the character indicated. Mr. +Kruger took his own peculiar way out of the dilemma; he repudiated +the intermediaries, denounced the statement as untrue, and said +that he was not in the habit of conveying his requests through +irresponsible nobodies. The result was the immediate resignation of +the newspaper man and final rupture between the President and Mr. +Robinson. Thus were two more thick-and-thin supporters cast off at +convenience and without an instant's hesitation, and thus were +provided two more witnesses to the 'something for nothing' policy. +This incident was the immediate cause of the fusion of the Chambers.</p> + +<p>It had all along been realized that while Lord Rosmead continued to +act as High Commissioner in South Africa there would be no +possibility of the Uitlanders' grievances being again taken up by her +Majesty's Government. The High Commissioner had committed himself to +the opinion that it would be unsuitable and indeed improper to make +any representations on the subject for a considerable time. Moreover, +his age and ill-health rendered him unfit for so arduous a task. Many +hard things have been said and written about the late High +Commissioner, but it must be admitted that with age and infirmity +weighing him down he was confronted by one of the most desperate +emergencies which have ever arisen to try the nerve of a proconsul. +It is true that the responsibilities of Government are not to be met +by excuses: the supports of the Empire must stand the strain or be +condemned. But it is also true that those who regard themselves as +victims may not lightly assume the functions of independent judges: +and thus it was that in a mood of sympathy and regret, with perhaps +some tinge of remorse, the news of Lord Rosmead's death was accepted +as evidence unanswerable of the burden which in the autumn of his +days he was called upon to bear.</p> + +<p>When the name of Sir Alfred Milner was mentioned as the coming High +Commissioner all South Africa stood to attention. Seldom surely has a +representative of the Queen been <a id="pg.315"></a>put through such an ordeal of +examination and inquiry as that to which Sir Alfred Milner's record +was subjected by the people of South Africa. Not one man in a +thousand had heard his name before; it was as some one coming out of +the great unknown. The first feeling was that another experiment was +being made at the expense of South Africa; but almost before the +thought had formed itself came the testimony of one and another and +another, representing all parties and all opinions in England; and +the Uitlanders in the Transvaal began to hope and finally to believe +that at last they were to have a man to deal with who would exhibit +those qualities of intelligence, fairness, and firmness, which they +regarded as the essentials. Every word that was said or written about +the new High Commissioner was read and studied in South Africa. Every +reference made to him by the representatives of the various political +parties was weighed and scrutinized, and the verdict was that it was +good! Fair firm and able. There had not been a discordant note nor a +voice lacking in the chorus which greeted the appointment; and the +judgment was, 'They have given one of England's very best.'</p> + +<p>The impression had somehow gained ground in South Africa that the +first act of Sir Alfred Milner would be to visit the Transvaal and +endeavour to arrange matters. The hearts of the Uitlanders sank at +the thought of even the ablest and best-intentioned of men tackling +so complicated a problem without any opportunity of studying the +local conditions and the details. It was therefore with undisguised +satisfaction that they received the new High Commissioner's assurance +that as the representative of her Majesty he had plenty of work +before him in visiting and making himself acquainted with the +conditions and requirements of her Majesty's dominions in South +Africa, the people of which had the first call upon his services. The +statement cleared the political atmosphere and had a distinctly +cooling effect upon the overheated brain of the Boer party, who had +by this time convinced themselves that Pretoria was firmly +established as the hub of the universe and that an expectant world +was waiting breathlessly to know what President Kruger would do next.</p> + +<p><a id="pg.316"></a>Mr. Conyngham Greene, an experienced member of the Diplomatic Corps, +who had been appointed towards the end of 1896 to succeed Sir Jacobus +de Wet as British Agent in Pretoria, had by this time gained some +experience of the ways of Pretoria. Probably few servants of the +Crown have been called upon to perform a service more exacting or +less grateful than that which fell to the British Agent during the +period in which Mr. Conyngham Greene has held the post. Conscious +that his Government was prevented by the acts of others from +vindicating its own position, hampered by the knowledge of immense +superiority of strength, dealing with people who advanced at every +turn and under every circumstance their one grievance as a +justification for all the acts of hostility which had preceded that +grievance or had been deliberately perpetrated since, he was +compelled to suffer snubs and annoyances on behalf of his Government, +with no relief but such as he could find in the office of recording +them. A good deal had been done by Mr. Conyngham Greene to establish +visible and tangible evidence of the desire of her Majesty's +Government to interest themselves in the condition of British +subjects and—as far as the exigencies of a very peculiar case would +for the time permit—to protect them from at least the more +outrageous acts of injustice; but the strength of the chain is the +strength of the weakest link, and it was always felt that until the +link in Cape Town was strengthened there was not much reliance to be +placed upon the chain.</p> + +<p>Very frequently surprise has been expressed that, after the fortunate +escape from a very bad position which the Jameson Raid afforded to +President Kruger's party, the Boers should not have learned wisdom +and have voluntarily undertaken the task of putting their house in +order. But having in mind the Boer character is it not more natural +to suppose that, inflated and misled by a misconceived sense of +success and strength, they should rather persist in and exaggerate +the ways which they had formerly affected? So at least the Uitlanders +thought and predicted, and their apprehensions were amply justified. +In each successive year the Raad has been relied upon to better its +previous best, to produce something more glaring and sensational in +the way of improper <a id="pg.317"></a>laws and scandalous measures or revelations +than anything which it had before done. One would imagine that it +would pass the wit of man to devise a means of exploiting the +Uitlanders which had not already been tried, but it would truly +appear that the First Volksraad may be confidently relied upon to +do it.</p> + +<p>In the year 1897 some things were exposed which appeared, even to the +Uitlanders, absolutely incredible. What is now known as the 'donkeys +and mealies scandal' was one of them. For the ostensible purpose of +helping burghers who had been ruined by the rinderpest the President +arranged for the purchase of large numbers of donkeys to be used +instead of oxen for draught purposes, and he also arranged for the +importation of quantities of mealies to be distributed among those +who were supposed to be starving. Inquiries instituted by order of +the Volksraad revealed the fact that Volksraad members and Government +officials were interested in these contracts. The notorious Mr. +Barend Vorster, who had bribed Volksraad members with gold watches, +money, and spiders, in order to secure the Selati Railway Concession, +and who although denounced as a thief in the Volksraad itself +declined to take action to clear himself and was defended by the +President, again played a prominent part. This gentleman and his +partners contracted with the Government to supply donkeys at a +certain figure apiece, the Government taking all risk of loss from +the date of purchase. The donkeys were purchased in Ireland and in +South America at one-sixth of the contract price. The contractors +alleged that they had not sufficient means of their own and received +an advance equal to three-quarters of the total amount payable to +them; that is to say for every Ł100 which they had to expend they +received Ł450 as an unsecured advance against their profits. It is +believed that not 10 per cent. of the animals were ever delivered to +the farmers for whom they were ostensibly bought. An attempt was made +in the Volksraad to have the matter thoroughly investigated and to +have action taken against the contractors, but the affair was hushed +up and, as far as it is possible to ascertain, every penny payable +under the contract has been paid and lost.</p> + +<p>In the matter of the mealies (maize, the ordinary native <a id="pg.318"></a>food), +large quantities were bought in South America. It was alleged in +the Volksraad that the amount was far more than was necessary and +that the quality was inferior, the result being that the Government +were swindled and that the State, being obliged to sell what it +did not require, was entering unfairly into competition with the +merchants and producers in the country. But the real character of +this mealie swindle can only be appreciated when it is known how the +contract originated. The contractors having bargained to deliver +donkeys, approached the President with the explanation that donkeys +being live-stock, would have to be accommodated upon an upper deck +where there was ample ventilation; the result of which, they said, +would be that the ship would be top-heavy and would be obliged to +take in ballast. Surely, it was argued, it would be folly to carry +worthless ballast when good mealies, which were in any case badly +needed in the country, would serve the purpose of ballasting equally +well and would, of course, show a very large profit. A contract for +mealies was therefore entered into. When the inquiry was instituted +in the Volksraad certain awkward facts came to light, and it devolved +upon Mr. Barend Vorster to explain how it happened that the mealie +'ballast' arrived and was paid for before the donkeys were shipped. +That worthy gentleman may still be thinking out the explanation, but +as the money has been paid it cannot be a cause of great anxiety.</p> + +<p>In order to preserve a true perspective the reader should realize +that the President defended both these affairs and that the exposures +took place while the recommendations of the Industrial Commission +were being discussed in the Raad and fiercely combated by the +President himself.</p> + +<p>The matter of the Selati Railway was again brought into prominence in +1897. It is quite impossible as yet to get at all the facts, but it +is very generally believed that a swindle of unusual dimensions and +audacity remains to be exposed, and that a real exposure would +unpleasantly involve some very prominent people. At any rate the +facts which became public in 1898 would warrant that suspicion. The +Selati Railway Company alleged that they had been unjustly deprived +of their rights, and the Government admitting repudiation <a id="pg.319"></a>of +contract took refuge in the plea that in making the contract they +had acted <i>ultra vires</i>. It was, in fact, an exemplary case of +'thieves falling out' and when the case got into the law courts a +point of real interest to the public came out; for the Company's +lawyers filed their pleadings! The following account of the case is +taken from the newspapers of the time. The plea of the Selati Railway +Company states that—</p> + +<div class="quoted"> + +<p>the Government was very desirous that the railways should be built, +and that for the purpose the business should be taken in hand by +influential capitalists, and that, having full knowledge of the sums +asked for by the original concessionaires they insisted upon the said +capitalists coming to an agreement with the concessionaires and +paying them the amounts asked; that it was thus understood between +the said capitalists and the Government of the South African Republic +that the sum named in the concession as the price to be paid to the +concessionaires for the formation of the Company was wholly +insufficient under the altered conditions, and that further sums had +to be expended to cover not only the increased amount demanded by the +original concessionaires, but <i>also other sums of money which were +asked by and paid to different members of the Executive Council and +Volksraad of the South African Republic and their relatives and +friends as the price for granting the concession.</i></p> + +<p>The matter came before the High Court, and several of the exceptions +put forward on behalf of the Government were sustained. Regarding the +accusation mentioned, Mr. Advocate Esselen, who was counsel for the +State, excepted that names and particulars should be inserted, and +also that the State was not bound by the action of the Government or +Executive. He quoted the Volksraad resolution or <i>besluit</i> upon which +the concession was granted, showing that Ł10,000 was mentioned as the +sum to be received by the concessionaires, and then proceeded:—</p> + +<p>'Now, I say that the Government could not contract with the Company +at a higher figure than is above set forth. The measure of authority +granted to the Government is set forth in the Volksraad <i>besluit</i> +which I have read, and the Government could not exceed its authority. +Second, the defendant Company makes allegations which are tantamount +to fraudulent dealing on the part of the agents of the State. But it +will be said that it is the State which sues, and that it cannot be +heard to avail itself of the wrongful acts of its agents. In this +matter, however, it is the State Secretary who sues on behalf of the +State. The State is not bound in any event by the acts of individual +members of the Government. It was the Government which was entrusted +with a power of attorney on behalf of the State.'</p> + +<p>This doctrine, so fatal to concessionaires and their methods, led to +the following interesting colloquy:—</p> + +<p>Mr. Justice JORISSEN: Do you persist in this exception, Mr. Esselen?</p> + +<p>Mr. ESSELEN: Certainly I do.</p> + +<p>Mr. Justice JORISSEN: You have been very fortunate in succeeding +<a id="pg.320"></a>on two exceptions. Without pressing you in the least, I am inclined +to suggest that you withdraw this exception.</p> + +<p>Mr. ESSELEN: I cannot possibly withdraw it, but I am willing to allow +it to stand as a special plea and to argue it at a later stage.</p> + +<p>Mr. Justice JORISSEN: As I said, I don't wish to press you, but it +seems to me that this is a very dangerous question.</p> + +<p>Mr. ESSELEN: It is a very important question.</p> + +<p>Mr. Justice JORISSEN: It is not only an important but a perilous +question.</p> + +<p>In an amended plea filed by the Selati Railway Company they give the +names of persons to whom the Company had to pay certain sums of money +or give presents—in other words, bribes—in order to obtain the +Selati contract. The following are the names filed by Baron Eugene +Oppenheim:—To W.E. Bok, then member and minute keeper of the +Executive Council, on August 12, 1890, in cash Ł50; the late N.J. +Smit, sen., then Vice-president of the South African Republic, and +member of the Executive Council, on August 12, 1890, in cash, Ł500; +F.C. Eloff, son-in-law of the President and then Private Secretary to +his Honour, on August 12, Ł50 in cash. By De Jongh and Stegmann, on +behalf of Baron Oppenheim, to C. van Boeschoten, then Secretary of +the Volksraad, on October 6, 1893, in cash, Ł100. By B.J. Vorster, +jun., one of the concessionaires, on behalf of Eugene Oppenheim, on +or about August, 1890, the following: To Jan du Plessis de Beer, +member of the Volksraad for Waterberg, Ł100; Schalk W. Burger, member +of the Volksraad for Lydenburg, now member of the Executive Council, +Ł100; P.L. Bezuidenhout, member of the Volksraad for Potchefstroom, +Ł100; J. Van der Merwe, member of the Volksraad for Lydenburg, Ł100; +A.A. Stoop, member of the Volksraad for Wakkerstroom, Ł50; F.G.H. +Wolmarans, member of the Volksraad for Rustenburg, Ł50; J.M. Malan, +member of the Volksraad for Rustenburg, Chairman of the first +Volksraad, Ł50; N.M.S. Prinsloo, member of the Volksraad for +Potchefstroom, Ł50; J.J. Spies, member of the Volksraad for Utrecht, +Ł70; B.H. Klopper, Chairman of the Volksraad, Ł125; C. van +Boeschoten, Secretary of the Volksraad, Ł180. By J.N. de Jongh, on +behalf of Baron Eugene Oppenheim, about the end of 1892 or the +beginning of 1893, to the late N.J. Smit, sen., then Vice-President +of the South African Republic, and member of the Executive Council, +shares in the defendant Company to the value of Ł1,000; F.C. Eloff, +son-in-law of and then Private Secretary to the State President, +shares in the defendant Company to the value of Ł2,000; P.G. Mare, +then member of the Volksraad for Utrecht, now Landdrost of Boksburg, +shares in the defendant Company to the value of Ł500. By B.J. +Vorster, jun., on behalf of Baron Eugene Oppenheim, about July or +August, 1890, to C.C. van Heerden, member of the Volksraad for +Wakkerstroom, one spider; A.A. Stoop, member of the Volksraad for +Wakkerstroom, one spider; F.G.H. Wolmarans, member of the Volksraad +for Rustenburg, one spider; B.W.J. Steenkamp, member of the Volksraad +for Piet Relief, one spider; J.P.L. Lombard, member of the Volksraad +for Standerton, one spider; H.F. Grobler, member of the Volksraad +for Middelburg, one spider; W.L. de la Rey, member of the Volksraad +for Bloemhof, one spider; D.W. Taljaard, member of the Volksraad for +Standerton, one spider; J.C. van Zyl, member of the Volksraad for +Heidelburg, one spider; J.P. Botha, member of the Volksraad for +Pretoria, one spider; H.P. Beukes, member of the Volksraad for +Marico, one spider; J.F. van Staden, member of the <a id="pg.321"></a>Volksraad for +Vryheid, one spider; J.M. Malan, member of the Volksraad for +Rustenburg, one spider; N.M.S. Prinsloo, member of the Volksraad for +Potchefstroom, one cart; T.C. Greyling, member of the Volksraad for +Heidelberg, one cart. Total value, Ł1,440.</p> +</div> + +<p>Twenty-one members of the First Volksraad out of twenty-five! +The Vice-President! The son-in-law and Private Secretary of the +President! The Secretary of the Volksraad and the Minute Keeper +of the Executive!</p> + +<p>The Volksraad, one would think, would be bound to take cognizance of +such a statement and to cause an investigation to be held. They did +take cognizance of it after the manner peculiar to them. But the last +thing in the world to be expected from them was an impartial +investigation: nothing so foolish was ever contemplated. There were +too many in it, and an investigation into the conduct of officials +and Raad members would be establishing a most inconvenient precedent. +Some members contented themselves with a simple denial, others +scorned to take notice of such charges, and others tried to explain +them away. No opinion need be expressed upon the methods of the +concessionaires; nor does it matter whether the company, by its +neglect or default, had justified the act of the Government. The +point which is offered for consideration is that the indisputable +fact of bribes having been taken wholesale was ignored, whilst the +disputed question of liability to cancellation was arbitrarily +settled by the Government in its own favour.</p> + +<p>The crop of scandals in 1897 was as the rolling snowball. It is +unnecessary to refer to them all in detail. The Union Ground, one of +the public squares of Johannesburg, was granted to a syndicate of +private individuals upon such terms that they were enabled to sell +the right, or portion of it, at once for Ł25,000 in cash. The +Minister of Mines, in his official capacity, strongly recommended the +transaction, and was afterwards obliged to admit that he himself had +an interest in it. The Volksraad however refused to confirm it, and +the purchaser of the concession fell back upon the President for +protection. The latter advised him to remain quiet until the +presidential election, which was about to take place, should be over, +and gave the assurance that then he would see that the grant was +confirmed by the Raad. In <a id="pg.322"></a>the session of 1898 his Honour strongly +supported the proposal and it was duly carried.</p> + +<p>The Eloff location scandal was another which greatly disturbed even +the Volksraad. Mr. Frickie Eloff is President Kruger's son-in-law and +enjoys the unsavoury reputation of being interested in every swindle +which is worth being in the Transvaal. A piece of ground lying to the +north-west of Johannesburg close up to the town had originally been +proclaimed as a goldfield, but no reefs having been found there and +the ground not having been pegged, it was afterwards withdrawn from +proclamation. The Mining Commissioner of Johannesburg in the course +of his duties discovered some flaw in the second or withdrawing +proclamation. He advised the head office in Pretoria of this +discovery and stated that it might be contended that the +de-proclamation was invalid, and that great loss and inconvenience +would follow if the ground were pegged and the title upheld. Within +twenty-four hours the ground was pegged by Mr. Eloff, but it is not +known whence he derived the inspiration. His claim was strongly +opposed by the local officials. They reported that the ground was +known to be of no value, and advised that as the cost of licenses +would be very considerable the obvious policy of the Government would +be—if the title could not be upset—to wait until Mr. Eloff should +tire of paying licenses on valueless ground. The Government, however, +decided otherwise: they converted Mr. Eloff's claims into residential +stands; that is to say, they made him a present of an immensely +valuable piece of property and gave him title under which he could +cut it up into small plots and readily sell it. This action of the +Government, however, required confirmation by the Raad. The matter +came before the Volksraad in due course and that body deliberately +revoked the decision of the Government and refused Mr. Eloff any +title except what he could claim according to law. But Mr. Kruger is +not so easily beaten. He soon discovered that the piece of ground +acquired by Mr. Eloff was exactly the piece which it was necessary +for the Government to have for a coolie location, and without more +ado the Government bought it from Mr. Eloff for Ł25,000.</p> + +<p>The ingenuity of the Boer mind in getting the last possible +<a id="pg.323"></a>fraction of value out of any transaction, is well exemplified in this +matter. One would naturally conclude that a deal so profitable would +satisfy anybody. But not so! The piece of ground commands the +approach to many valuable private plots and residences, and it was +soon found that apart from intrinsic worth it might have a +blackmailing value; thus towards the end of 1898, after the deal had +been completed, the owners of these residences and estates were +privately approached with the information that the coolie location, +consisting of shelters built of scraps of iron, paraffin tins, and +old pieces of wood, was to be removed to this site (probably to +facilitate the transference of the present location site, which is +also very valuable, to some other favourite), but that if sufficient +inducement were offered by landowners in the neighbourhood, the +decision would be reconsidered!</p> + +<p>The grant of a Municipality to Johannesburg has often been quoted as +an example of something done by Mr. Kruger in the interests of the +Uitlanders. The principal conditions of that grant are that all +burghers of the State, whether they have property or not, shall be +entitled to vote for the election of councillors; that each ward +shall be represented by two councillors, one of whom must be a +burgher; and that the chairman, or burgomaster, shall be appointed by +Government and shall have the right of veto. The elections in at +least two of the wards are completely at the mercy of the police and +of the poor Boers who have no interest whatever in the town. The +burghers in Johannesburg—police, Boers, and officials—who may +number a couple of thousand, including the naturalized lot, have +therefore a permanent and considerable majority over the Uitlanders, +who probably number over 40,000 adult white males.</p> + +<p>The scope and value of this grant were made manifest when the now +notorious sewerage concession came under discussion. The Municipality +had upon several occasions endeavoured to get the right to introduce +a scheme for the disposal of the sewage of the town, and had applied +for authority to raise the necessary funds, but had been refused. +Suddenly a concession was granted by the Government—they called it a +contract—to Mr. Emmanuel Mendelssohn, the proprietor of the +<i>Standard and Diggers News</i>, the Government <a id="pg.324"></a>organ in Johannesburg. +He said that he got it for nothing—possibly a reward for loyal +services; but he also stated that he was not the sole owner. The +value of the grant was estimated by the concessionaire himself to be +about Ł1,000,000 sterling, and in the lately published proposals +which he made to one of the big firms interested in the Transvaal he +indicated how a profit of Ł100,000 a year could be made out of it. +The Town Council unanimously and vigorously protested; but the +Government took no notice of their protest. They then decided to +apply to the Court for an order restraining the Government from +making this grant, on the ground that they had no power to alienate a +right which belonged to the town itself. In order to make the +application to Court it was necessary, in terms of the constitution +of the municipality, to obtain the signature of the Burgomaster. That +official as representing the Government refused point blank to +authorize the council to dispute the Government's action in a Court +of Law, and the council were obliged to apply for an Order of Court +compelling the Burgomaster to sign the documents necessary to enable +them to contest in the Courts of the country the validity of an act +of the Government which was deemed to be infringement upon the rights +of the town. In the face of this the President capitulated for the +time being; but neither he nor the concessionaire makes any secret of +the determination to find a <i>quid pro quo</i>.</p> + +<p>The year 1898 brought in its turn its full share of fresh +encroachments and exactions. The bare enumeration of the concessions, +privileges, and contracts, proposed or agreed to, is sufficient to +indicate what must be the condition of mind of one whose interests +are at stake under such a <i>régime</i>. Not all 'concessions,' +'contracts,' and 'protected factories' confer exclusive rights, but +many might easily in effect do so and all are infringements upon the +rights of the public. Here are some from the official list of +1899;—Dynamite, Railways, Spirits, Iron, Sugar, Wool, Bricks, +Earthenware, Paper, Candles, Soap, Calcium Carbide, Oil, Matches, +Cocoa, Bottles, Jam, &c.</p> + +<p>A large loan had been constantly talked of throughout the year, but +no one knew for what purpose it could be required. The Government +vouchsafed no information at all but negotiations were carried on +both in Pretoria and in Europe. <a id="pg.325"></a>Month after month went by, but the +millions were not forthcoming, and the Government believed or +affected to believe that their failure was due to a conspiracy among +the capitalists, and in retaliation they directed and subsidised a +fierce anti-capitalist campaign in their press. The explanation of +failure, which did not occur to them, may have been that investors +believed that the course pursued by the Transvaal Government must +inevitably lead to conflict with the paramount power, and they had no +faith and no assurance that in the event of such a conflict taking +place the British Government would take over loans which must have +been contracted only for the purposes of war against England.</p> + +<p>The juggling with the dynamite question continued throughout the +year. The President had successfully defeated the aim of the +Volksraad, and the investigation and reports which had been ordered +by that body in 1897 to be made by lawyers and auditors, although +duly handed into the Government, were suppressed by the President and +not permitted to be shown to the Raad. On the contrary, the +astounding proposition was made that in return for a very +inconsiderable reduction in the cost of dynamite (half of which was +to be made up by the Government sacrificing its share of profits) and +a possible further reduction of 5s. per case under certain +conditions, the monopoly should be renewed for a period of fifteen +years, all breaches in the past to be condoned, and cancellation on +the ground of breach of contract in the future to be impossible. This +proposal, it was publicly notified, would be laid before the Raad +during the first session of 1899. The existence of the dynamite +monopoly was at this time costing the industry Ł600,000 a year, and +on every possible occasion it was represented to the Government that, +if they really did need further revenue, in no way could it be more +easily or more properly raised than by exercising their undoubted +right to cancel the monopoly and by imposing a duty of such amount as +might be deemed necessary upon imported dynamite. It was also pointed +out that the proposed reduction in the cost of dynamite would offer +no relief whatever since it was far more than counterbalanced by the +taxes upon mynpachts and profits which were then being imposed.</p> + +<p>During this year the Volksraad instructed the Government <a id="pg.326"></a>to +enforce their right to collect 2-1/2 per cent. of the gross +production from mynpachts (mining leases). All mynpachts titles +granted by the Government contained a clause giving the Government +this power, so that they were acting strictly within their legal +rights; but the right had never before been exercised. For twelve +years investors had been allowed to frame their estimates of profit +upon a certain basis, and suddenly without a day's warning this +tax was sprung upon them. It was indisputably the right of the +Government, but equally indisputably was it most unwise; both because +of the manner in which it was done and because there was no necessity +whatever for the doing of it, as the revenue of the country was +already greatly in excess of the legitimate requirements. Immediately +following this came a resolution to impose a tax of 5 per cent. upon +the profits of all companies working mining ground other than that +covered by mynpacht. The same objections applied to this tax with the +additional one, that no clause existed in the titles indicating that +it could be done and no warning had ever been given that it would be +done. The proposal was introduced one morning and adopted at once; +the first notice to investors was the accomplished fact. These +measures were particularly keenly resented in France and Germany.</p> + +<p>The grievance of hasty legislation was in these cases aggravated by +the evidence that the taxes were quite unnecessary. President Kruger +still fought against cancellation of the Dynamite Monopoly, by which +the State revenue would have benefited to the extent of Ł600,000 a +year, if he had accepted the proposal of the Uitlanders, to allow +importation of dynamite subject to a duty of Ł2 per case—a tax +which represented the monopolists' profit, and would not therefore +have increased the cost of the article to the mines. He still +persisted in squandering and misapplying the public funds. He +still openly followed the policy of satisfying his burghers at the +Uitlanders' expense; but the burghers have a growing appetite, and +nothing shows the headlong policy of 'squaring'—nothing better +illustrates the Uitlanders' grievance of reckless extravagance in +administration—than the list of fixed salaries as it has grown year +by year since the goldfields became a factor.</p> + +<pre><a id="pg.327"></a> + TRANSVAAL FIXED SALARIES. + + Ł s. d. + 1886 51,831 3 7 + 1887 99,083 12 8 + 1888 164,466 4 10 + 1889 249,641 10 10 + 1890 324,520 8 10 + 1891 332,888 13 9 + 1892 323,608 0 0 + 1893 361,275 6 11 + 1894 419,775 13 10 + 1895 570,047 12 7 + 1896 813,029 7 5 + 1897 996,959 19 11 + 1898 1,080,382 3 0 + 1899 (Budget) 1,216,394 5 0</pre> + +<p>That is to say, the Salary List is now twenty-four times as great as +it was when the Uitlanders began to come in in numbers. It amounts to +nearly five times as much as the total revenue amounted to then. It +is now sufficient if equally distributed to pay Ł40 per head per +annum to the total male Boer population.</p> + +<p>The liquor curse has grown to such dimensions and the illicit liquor +organization has secured such a firm hold that even the stoutest +champions of law and order doubt at times whether it will ever be +possible to combat the evil. The facts of the case reflect more +unfavourably upon the President than perhaps any other single thing. +These are the facts: The law prohibits the sale of liquor to natives; +yet from a fifth to a third of the natives on the Rand are habitually +drunk. The fault rests with a corrupt and incompetent administration. +That administration is in the hands of the President's relations and +personal following. The remedy urged by the State Secretary, State +Attorney, some members of the Executive, the general public, and the +united petition of all the ministers of religion in the country, is +to entrust the administration to the State Attorney's department and +to maintain the existing law. In the face of this President Kruger +has fought hard to have the total prohibition law abolished and has +successfully maintained his nepotism—to apply no worse construction! +In replying to a deputation of liquor dealers he denounced the +existing law as an 'immoral' one, because by restricting the +sale of liquor it <a id="pg.328"></a>deprived a number of honest people of their +livelihood—and President Kruger is a total abstainer!</p> + +<p>The effect of this liquor trade is indescribable; the loss in money +although enormous is a minor consideration compared with the crimes +committed and the accidents in the mines traceable to it; and the +effect upon the native character is simply appalling.</p> + +<p>Much could be said about this native question apart from the subject +of drink, for it is one which is very difficult of just appreciation +by any but those who have had considerable experience of and personal +contact with the natives. It is one upon which there is a great +divergence of views between the people of Europe and the people of +South Africa. South Africans believe that they view it from the +rational standpoint, they believe also that Europeans as a rule view +it more from the sentimental. The people who form their opinions from +the writings and reports of missionaries only, or who have in their +mind's eye the picturesque savage in his war apparel as seen at +Earl's Court, or the idealized native of the novelist, cannot +possibly understand the real native. The writer holds South African +views upon the native question, that is to say that the natives are +to all intents and purposes a race of children, and should be treated +as such, with strict justice and absolute fidelity to promise, +whether it be of punishment or reward: a simple consistent policy +which the native mind can grasp and will consequently respect.</p> + +<p>With this in mind it will, perhaps, be believed that the recital of +certain instances of injustice is not made with the object of +appealing to sentimentalism, or of obliquely influencing opinions +which might otherwise be unfavourable or indifferent. The cases +quoted in this volume are those which have been decided by the +courts, or the evidence in support of them is given, and they are +presented because they are typical cases, and not, except in the +matter of public exposure, isolated ones. The report of the case of +Toeremetsjani, the native chieftainess,<a href="#fn.48" class="fnmark">{48}</a> is taken verbatim from +one of the newspapers of the time. The woman is the head of the +Secocoeni tribe, whose successful resistance to the Transvaal +Government was one of the alleged causes <a id="pg.329"></a>of the annexation. A good +deal could be said about the ways of Native Commissioners in such +matters. Much also could be said about the case of the British +Indians and the effect upon the population of India which is produced +by the coming and going of thousands of these annually between India +and the Transvaal, and their recital of the treatment to which +they are subjected, their tales of appeals to the great British +Government, and their account of the latter's inability to protect +them. Much also could be said of the Cape Boy question, but +sufficient prominence has been given to these matters by the +publication of the official documents and the report of the inquiry +into Field-Cornet Lombaard's conduct, which was held at the instance +of the British Government.</p> + +<p>It is not suggested that if the Government in the Transvaal were +influenced by the vote of the white British subjects, or if it were +entirely dominated by such vote, any encouragement would be given to +the Indian hawkers and traders, or that there would be any +disposition whatever to give voting rights to coloured people of any +kind, but it <i>is</i> suggested that a more enlightened and a more just +system of treatment would be adopted; and in any case it is to be +presumed that there would be no appeals to the British Government, +involving exhibitions of impotency on the part of the Empire to +protect its subjects, followed by the deliberate repetition of +treatment which might become the subject of remonstrance. The +untutored mind is not given to subtleties and sophistries; direct +cause and effect are as much as it can grasp. These it does grasp and +firmly hold, and the simple inferences are not to be removed by any +amount of argument or explanation, however plausible. There is +scarcely an Uitlander in the Transvaal who would not view with dismay +the raising of the big question upon such grounds as the treatment of +the natives, the Cape boys, or the Indians; and the fact that the +Transvaal Government know this may account for much of the +provocation on these questions. It is nevertheless undeniable that +white British subjects in the Transvaal do suffer fresh humiliation +and are substantially lowered in the eyes of the coloured races, +because appeals are made on their behalf to the British Government, +and those appeals are <a id="pg.330"></a>useless. The condition of affairs should be +that such appeals would be unnecessary, and would therefore +become—in practice—impossible. Such a condition of affairs would +obtain under a friendly and more enlightened government, and the +only security for the voluntary continuance of such conditions is +the enfranchisement of the Uitlander population.</p> + +<p>In the midst of all that was gloomy unfavourable and unpromising +there came to the Uitlanders one bright ray of sunshine. Dr. Leyds +who had been re-elected State Secretary on the understanding that he +would resign immediately in order to take up the post of +plenipotentiary in Europe, and whom the Boers with a growing +anti-Hollander and pro-Afrikander feeling would no longer tolerate, +relinquished his office. In his stead was appointed Mr. F.W. Reitz +formerly President of the Free State, a kindly, honourable, and +cultured gentleman, whose individual sympathies were naturally and +strongly progressive but who, unfortunately, has not proved himself +to be sufficiently strong to cope with President Kruger or to rise +above division upon race lines in critical times. Shortly afterwards +Mr. Christiaan Joubert, the Minister of Mines, a man totally unfit +from any point of view to hold any office of responsibility or +dignity, was compelled by resolution of the Second Volksraad to hand +in his resignation. His place was filled by a Hollander official in +the Mining Department who commanded and still commands the confidence +and respect of all parties. The elevation of the Acting State +Attorney to the Bench left yet another highly responsible post open +and the Government choice fell upon Mr. J.C. Smuts, an able and +conscientious young barrister, and an earnest worker for reform. An +Afrikander by birth and educated in the Cape Colony, he had taken his +higher degrees with great distinction at Cambridge and had been +called to the English Bar.</p> + +<p>But there came at the same time another appointment which was not so +favourably viewed. There was still another vacancy on the Bench, and +it became known that, in accordance with the recommendation expressed +by the Raad that all appointments should whenever possible be first +offered to sons of the soil, <i>i.e.</i>, born Transvaalers, it was +intended to appoint to this judgeship a young man of twenty-four +<a id="pg.331"></a>years of age lately called to the bar, the son of the Executive +Member Kock already referred to in this volume. The strongest +objection was made to this proposal by all parties, including the +friends of the Government; the most prominent of all objectors were +some of the leading members of the bar who, it was believed, carried +influence and were in sympathy with the Government. A delay took +place and it was at one time believed that President Kruger had +abandoned his intention, but it is understood that pressure was +brought to bear upon the President by a considerable party of his +followers, and in the course of a few days the appointment was duly +gazetted.</p> + +<p>The selection of educated and intelligent Afrikanders, sincerely +desirous of purifying the administration, for such responsible +offices as those of State Secretary and State Attorney, was +gratefully welcomed by the Uitlander community, who believed that +only through the influence of such men consistently and determinedly +exerted could a peaceful solution of many difficult questions be +found. It is but bare justice to these gentlemen to state that never +were they found wanting in good intention or honest endeavour, ready +at all times to inquire into subjects of complaint, anxious at all +times to redress any legitimate grievances. To them and to many other +less prominent but no less worthy officials of the Transvaal Civil +Service, whom it is impossible to name and to whom it might prove to +be no good turn if they were named, is due an expression of regret +that they may perhaps suffer by references which are not directed +against them but which are justified by a rotten system and are +called for by the action of others over whom these men have no +control. Nobody but one intimately concerned in Transvaal affairs can +appreciate the unpleasant and undeserved lot of the honest official +who necessarily, but most unjustly, suffers by association with those +who deserve all that can be said against them.</p> + +<p>It is very well known that the gentlemen above referred to would, if +it were in their power, readily accord the terms asked for in the +franchise memorandum recently submitted by the Uitlanders, but they +are unfortunately entirely without influence over the President and +his party. It is <a id="pg.332"></a>true that—although British subjects by +birth—they have chosen to associate themselves with the Transvaal +Government and are now uncompromising republicans; but there is no +fault to be found with that. It may be true also that they aspire to +republicanize the whole of South Africa, and free it of the Imperial +influence; that would be a cause of enmity as between them and those +who desire to preserve the Imperial connection, but it is no ground +for reproach. There is one point, however, upon which they in common +with nearly all the enlightened Afrikanders throughout South Africa +may be adjudged to have fallen short in their duty; it is this, that +whilst nine times out of ten they divide upon sound principles, they +will not follow that policy to a conclusion; for upon the tenth +occasion they will subordinate principle and, at the call of one who +may use it unscrupulously, will rally upon race lines alone. It is +only too true of only too many that they cannot be got to see that if +they would really divide upon principles all danger of conflict would +disappear and the solution would be both speedy and peaceful; for it +is the division upon race lines that alone raises the distracting +prospect of war.</p> + +<p>For those who are in this position in the Transvaal it may be allowed +that their difficulties are great. They cannot, it is true, complain +of lack of warning. They did not, it is also true, after trying their +influence and finding it of no avail, cut adrift when they might have +done so, and by their example have so stripped the reactionaries of +all support that there could now be no question of their standing +out; but they may have honestly believed that they would in time +succeed, whilst the Uitlanders, judging from a long and bitter +experience, felt that they would not and could not. They may say that +this is no time to part from those with whom they associated +themselves in times of peace. Such reasoning may provide an excuse in +the Transvaal, but no such plea will avail for those without the +Transvaal who have let the day of opportunity go past, and who cry +out their frightened protest now that the night of disaster is upon +us.</p> + +<h4>Footnotes for Chapter X</h4> + +<p><span id="fn.42">{42}</span> That President Kruger always contemplated controlling the +Uitlander population by arbitrary methods was proved by the choice of +the site for the Johannesburg fort. This site, on a hill commanding +the town, had been reserved by Government from the commencement, and +when the accommodation in the old gaol proved insufficient and a new +gaol was required it was located on this spot, then a favourite +residential quarter of the town. A deputation of officials waited +upon the President to urge the placing of the new gaol in a more +convenient locality elsewhere. His Honour replied, 'that he did not +care about the convenience. He was going to build the gaol there, +because some day the town would be troublesome and he would want to +convert the gaol into a fort and put guns there before that time +came.' That was at least four years before the Raid.</p> + +<p><span id="fn.43">{43}</span> The writer has since learned from Mr. +Alfred Beit that the same proposal was made to him by Mr. Graaff in +January, 1896, immediately after the Raid, and that it was baited +with the promise that if he and Mr. Rhodes would agree to support it +the threatened 'consequences' of their association with the Raid +would be averted. But they preferred the 'consequences.'</p> + +<p><span id="fn.44">{44}</span> About the middle of 1895 a bad explosion of dynamite occurred +in Germany under circumstances very similar to those of the +Johannesburg accident. An inquiry held by the German authorities +resulted in the finding that the explosion must have been due to +some fault in the dynamite, and an order was issued to destroy the +remainder. The officials charged with this duty found, however, that +the owners, anticipating some such result, had removed it. It was +eventually traced as having been shipped from Antwerp to Port +Elizabeth and thence consigned to the Transvaal in November, 1895. +The Johannesburg explosion occurred in February, 1896. No competent +or independent inquiry was held, although about 100 people were +killed and many more injured.</p> + +<p><span id="fn.45">{45}</span> The gaoler—Du Plessis—in the fulfilment of his promise lost +no opportunity to harass them into submission, by depriving them of +one thing after another, knowing that they would ask for nothing +except as a right. As an instance, the spirit-lamp with which +they made their tea was taken from them on the pretext that no +combustibles were allowed under the prison regulations, and upon a +remonstrance being made by Mr. Conyngham Greene to Dr. Leyds the +latter replied that it was necessary on account of the risk of fire. +For about eight months, therefore, water was to be—and of course +was—their only drink. Only once during the thirteen months did Du +Plessis appear to 'get home.' It was when he proposed that the two +should be separated and sent to out-of-the-way gaols, widely apart +and distant from all friends. Without doubt the conditions told +seriously upon their health, but as both men were endowed with +exceptional physique and any amount of grit they were still able to +take it smiling.</p> + +<p><span id="fn.46">{46}</span> It is described as the Witfontein case. See <a href="#pg.100">page 100</a>.</p> + +<p><span id="fn.47">{47}</span> When the case came up again in due course a decision was given +by Mr. Gregorowski, the new Chief Justice, which was regarded by the +plaintiff's advisers as a reversal of the first judgment, and the +practical effect of which was to bring the case under the operations +of Law 1 of 1897—that is to say, to put the plaintiff 'out of court.' +Mr. Brown has appealed to the United States Government for redress.</p> + +<p><span id="fn.48">{48}</span> See <a href="#pg.432">Appendix K</a>.</p> + +<div class="sectionheader"> +<a id="pg.333"></a> +<h3>CHAPTER XI.</h3> + +<h3>THE BEGINNING OF THE END.</h3> +</div> + +<p>So the year dragged on with its one little glimmer of light and its +big black clouds of disappointment, and it was Christmas-time when +the spark came to the waiting tinder. What a bloody bill could the +holidays and holy days of the world tot up! On the Sunday night +before Christmas a British subject named Tom Jackson Edgar was shot +dead in his own house by a Boer policeman. Edgar, who was a man of +singularly fine physique and both able and accustomed to take care of +himself, was returning home at about midnight when one of three men +standing by, who as it afterwards transpired was both ill and +intoxicated, made an offensive remark. Edgar resented it with a blow +which dropped the other insensible to the ground. The man's friends +called for the police and Edgar, meanwhile, entered his own house a +few yards off. There was no attempt at concealment or escape; Edgar +was an old resident and perfectly well known. Four policemen came, +who in any circumstances were surely sufficient to capture him. +Moreover, if that had been considered difficult, other assistance +could have been obtained and the house from which there could have +been no escape might have been watched. In any case Edgar was +admitted by the police to have sat on the bed talking to his wife, +and to have been thus watched by them through the window. It is not +stated that they called upon him to come out or surrender himself, +but they proceeded immediately to burst in his door. Hearing the +noise he came out into the passage. He may or may not have known that +<a id="pg.334"></a>they were police: he may or may not have believed them to be the +three men by one of whom he had been insulted. There is not a word of +truth in the statement since made that Edgar had been drinking. It +was not alleged even in defence of the police, and the post-mortem +examination showed that it was not so. A Boer policeman named +Jones (There are scores of Boers unable to speak a word of +English, who nevertheless own very characteristic English, Scotch, +and Irish names—many of them being children of deserters from the +British army!) revolver in hand burst the door open. It is alleged +by the prisoner and one of the police that as the door was burst +open, Edgar from the passage struck the constable on the head +twice with an iron-shod stick which was afterwards produced +in Court. On the other hand Mrs. Edgar and other independent +witnesses—spectators—testified that Edgar did not strike a blow +at all and could not possibly have done so in the time. The fact, +however, upon which all witnesses agree is that as the police +burst open the door Constable Jones fired at Edgar and dropped him +dead in the arms of his wife, who was standing in the passage a +foot or so behind him. On the following morning, the policeman was +formally arrested on the charge of manslaughter and immediately +released upon his comrades' sureties of Ł200.</p> + +<p>As gunpowder answers to the spark so the indignation of the Uitlander +community broke out. The State Attorney to whom the facts were +represented by the British Agent in Pretoria immediately ordered the +re-arrest of the policeman on the charge of murder. The feeling of +indignation was such among British subjects generally, but more +especially among Edgar's fellow-workmen, that it was decided to +present a petition to her Majesty praying for protection. British +subjects were invited to gather in the Market Square in order to +proceed in a body to the office of the British Vice-Consul and there +present the petition, but in order to avoid any breach of the Public +Meetings Act they were requested to avoid speech making and to +refrain in every way from any provocation to disorder. Some four or +five thousand persons gathered together. They listened to the reading +of the petition and marched in an orderly manner <a id="pg.335"></a>to the office of +the British Vice-Consul where the petition was read and accepted.</p> + +<p>This was the first direct appeal to her Majesty made by British +subjects since the protests against the retrocession eighteen years +before. Not very many realized at the time the importance of the +change in procedure. There could be no "As you were" after the direct +appeal: either it would be accepted, in which event the case of the +Uitlanders would be in the hands of an advocate more powerful than +they had ever proved themselves to be, or it would be declined, a +course which would have been regarded as sounding the death-knell of +the Empire in South Africa. The time was one of the most intense +anxiety; for the future of the Uitlanders hung upon the turn of the +scale.</p> + +<p>It was late one night when those who had been called to Pretoria to +receive the reply of her Majesty's Government returned to the Rand. +The real reply then was known only to three men; it was simply, point +blank refusal to accept the petition. There were no reasons and no +explanations. It was done on the authority of Sir William Butler, the +Commander-in-Chief in South Africa and acting High Commissioner; for +Sir Alfred Milner was at that time in England, as also was Mr. +Conyngham Greene. But the faith was in these men that it could not be +true, that it could not have happened had Sir Alfred Milner not been +absent, and thus came the suggestion to 'explain it away.' On the +following day British subjects on the Rand learned that a breach of +diplomatic etiquette had been committed, that the petition should +never have been published before being formally presented to her +Majesty, and that thus it would be necessary to prepare and present +another in proper form. The petition was redrawn and in the course of +the following weeks upwards of 21,000 signatures were obtained by +that loyal and enthusiastic little band of British subjects who form +the Johannesburg branch of the South African League.</p> + +<p>In the meantime other things had been happening. Messrs. Thomas R. +Dodd and Clement Davies Webb had been arrested under the Public +Meetings Act for having organized an illegal meeting in the Market +Square, Johannesburg, for the purpose of presenting the petition to +the British <a id="pg.336"></a>Vice-Consul. They were released upon bail of Ł1,000 +each. Whether this was a fair example of the judicial perspective in +the Transvaal, or whether it was a concession to the feelings of the +Boers it is impossible to say, nor does it much matter. The fact is +that for the crime of killing a British subject the bail was Ł200; +and for the crime of objecting to it the bail was Ł1,000. This action +only added fuel to the fire and a public meeting was immediately +convened to be held in a circus building known as the Amphitheatre. +Meetings are permitted under the Act provided they are held in an +enclosed building. The object of the meeting was to record a protest +against the arrest of Messrs. Dodd and Webb. A great many of the more +ardent among the British subjects were of opinion that the time for +protests and petitions was past, and they would not attend the +meeting. A great many others feeling that it was more or less a +formality leading to nothing else, did not trouble to attend. Not one +of those who did attend had the least suspicion of any organized +opposition. The following dispatch from the High Commissioner to the +Secretary of State for the Colonies sufficiently describes the +sequel:—</p> + +<div class="quoted"> +<div class="opener"> + GOVERNMENT HOUSE, CAPE TOWN,<br /> + <i>April 5, 1899</i>.</div> + +<p>SIR,—I have the honour to forward herewith the certified and +attested copies of affidavits which form an enclosure to Mr. Wyberg's +letter, transmitted to you in my dispatch of the 28th March, but +which did not reach me in time to catch the last mail steamer.</p> + +<p>From these affidavits, the number of which and the manner in which +they confirm one another seem to me to leave no doubt of their +general trustworthiness, it appears:</p> + +<p>1. That early on the morning of Saturday, the 14th January, the +foremen in charge of the various camps along the Main Reef Road were +instructed to tell a certain number of their workmen to be at the +Amphitheatre in Johannesburg at 2 p.m., where they would be addressed +by an official of the Public Works Department, Mr. P.J. Malan (Hoofd +van Afdeeling Wegen).</p> + +<p>2. That the affair had been planned beforehand, and that Acting Road +Inspector Papenfus and others systematically visited the various +camps on that morning in order to beat up recruits, and that inquiry +was made in some cases to ensure that the persons sent should be +'treu,' <i>i.e.</i>, Boer or Afrikander workmen who might be expected to +take the side of the Government. The Russian workmen were not asked +to go.</p> + +<p>3. That the men were paid two hours earlier than usual, and that +those men who were ordered to go were told, if they could not get +Government carts, they should hire and recover afterwards.</p> + +<p><a id="pg.337"></a>4. That in some cases, as that of the Boksburg section, the men were +conveyed the greater part of the way by Government carts.</p> + +<p>5. That when the men arrived at the Amphitheatre, about 2 p.m., a man +who was either Mr. Bosman, Second Landdrost's Clerk, or Mr. Boshof, +Registrar of the Second Criminal Court, and perhaps both of them, +told them to go to the Police Station.</p> + +<p>6. That on arriving at the Police Station, they were addressed by Mr. +Broeksma, Third Public Prosecutor, and told they were there to break +up the meeting when he gave them certain signals.</p> + +<p>7. That they then went into the Amphitheatre, and that there were +present, besides Mr. Broeksma, Mr. Papenfus, Mr. Jacobs, Special Road +Inspector, Mr. de Villiers, Second Public Prosecutor, and Mr. +Burgers, also an official, as well as several prominent members of +the Town and Special Police in plain clothes.</p> + +<p>8. That the different sections of the Road party men were placed in +various parts of the building, under their respective foremen, and +that several Government officials assisted in locating them.</p> + +<p>9. That a number of the men did not understand what they were there +for.</p> + +<p>10. That the proceedings on the part of the promoters of the meeting, +which, as you are aware, had been sanctioned by the Government, were +perfectly regular.</p> + +<p>11. That on the first appearance of the promoters of the meeting +there was a concerted disturbance, which rendered it totally +impossible to go on with the proceedings.</p> + +<p>12. That in the riot which followed several people were seriously +injured, the sufferers in every case being <i>bonâ fide</i> sympathizers +with the object of the meeting, and the aggressors being persons who +had come there with the object of breaking it up.</p> + +<p>13. That the Police did not make the smallest effort to check the +disturbances though it would have been easy to do so, and that, when +appealed to, they maintained an attitude of indifference.</p> + +<p>14. That Broeksma, Third Public Prosecutor, and Lieutenant Murphy, of +the Morality Police, actually assisted in breaking chairs, and +encouraged the rioters.</p> + +<div class="closer"> + I have, &c.,<br /> + A. MILNER,<br /> + <i>Governor and High Commissioner.</i></div> +</div> + +<p>With affairs of this kind stirring up race hatred and feeling among +the class from whom the juries have to be selected, what chance was +there of securing an impartial trial of the policeman charged with +the murder of Edgar? The Acting British Agent Mr. Edmund Fraser in +his dispatch of December 23 tells what he thought of the prospect +before these affairs took place. 'As to the ultimate charge to be +brought against the policeman, the State Attorney was doubtful +whether the charge had not better be one of culpable homicide, for +the reason that in the presence of a Boer jury his counsel would have +a much easier task in getting him off under a charge of murder than +for culpable homicide. But <a id="pg.338"></a>the chances of a Boer jury convicting +him at all are so small that I said I should not assent to either +charge until I had seen what rebutting evidence the Public Prosecutor +brought.'</p> + +<p>But this was not all. Immediately after the murder of Edgar, Mr. J.S. +Dunn the editor of the <i>Critic</i> newspaper, recited the facts of the +case as they were known to him and passed some severe strictures upon +Dr. Krause, the First Public Prosecutor, who was responsible for +determining the charge against policeman Jones and fixing his bail in +the first instance. The steps now taken by Dr. Krause no doubt were +within his legal rights, but they do not appear to a layman +calculated to ensure justice being done. Before proceeding with the +murder trial Dr. Krause took criminal action against Mr. Dunn for +libel, and in order to prove the libel he, whose duty it was to +prosecute Jones for murder, entered the witness-box and swore that +under the circumstances as known to him he did not consider that +Jones had been guilty of murder, and had therefore faithfully +performed his duty in charging him with the minor offence and +releasing him on bail. Further, he called upon the Second Public +Prosecutor to testify in a similar strain; and finally he directly +and deliberately associated with himself as witness on his side the +man Jones himself who was charged with the murder. All this +ostensibly to prove a paltry libel which could have been dealt with +quite as effectively and infinitely more properly after the trial for +murder had taken place; indeed it is incontestable that the verdict +in the murder trial should properly have been relied upon to a large +extent to determine the gravity of Mr. Dunn's offence. It had +appeared to the British population that the chance of an impartial +trial, with the jury drawn exclusively from the burgher class, was +sufficiently remote without any proceedings so ill considered as +these. The result fulfilled anticipations. In due course the +constable Jones was indicted for culpable homicide and acquitted; and +the presiding judge (Mr. Kock, who as already described had claimed a +judgeship as a 'son of the soil') when discharging the prisoner said, +'With that verdict I concur and I hope that the police under +difficult circumstances will always know how to do their duty.'</p> + +<p><a id="pg.339"></a>After the preliminary examination of Jones the Acting British Agent +had written to the Acting High Commissioner (December 30, 1898): 'I +will only remark that the enclosed report ... seems to show that the +Public Prosecutor (Krause), who has been deeply offended by the slur +cast upon his judgment through the orders from Pretoria to keep the +accused in prison instead of out on bail, was more inclined to defend +than to prosecute and showed an extraordinary desire to incriminate +either the British Vice-Consul or the South African League for what +he termed contempt of court in connection with the publication of +certain affidavits in the <i>Star</i>.'</p> + +<p>That was indeed the position. In this as in the Cape Boys case (the +Lombaard inquiry) the aim of the prosecution appeared to be to prove +that the British Vice-Consul had investigated and reported cases of +injustice suffered by British subjects; and the establishment of such +proof seemed to be considered a sufficient and triumphant answer to +the original complaint. Such action drew the following spirited +protest from Mr. Emrys Evans to the British Agent: 'He (Krause) seems +generally to suppose that I have no right to do anything in the way +of assisting British subjects, and that my action as Vice-Consul is +nothing more nor less than officious meddling.' That well describes +the position of Great Britain's representative in the Transvaal, and +it has been the same for so many years that among the Uitlanders it +creates no feeling of surprise; but imagine the representative +of—let us say—the United States being so treated!</p> + +<p>While these matters were proceeding an opportunity occurred to raise +fresh funds for the Uitlander Education Council. The scheme had been +perilously near collapse on several occasions, but by a little +generous and timely help actual abandonment had been averted. The +possibility of a return of better times had been foreseen by some of +those interested in education, and the appeals which were made in the +months of February and March resulted in raising a fund of over +Ł100,000. The companies were also applied to for assistance in the +form of annual grants for maintenance; and guarantees were given +amounting in all to about Ł16,000 a year. A final effort was made by +the Government party and <a id="pg.340"></a>the allies of Dr. Mansvelt, the +Superintendent of Education, to show that the Government had made +ample provision for the education of English-speaking children, and +that the Uitlanders' scheme was unnecessary. Even Mr. Reitz, the +State Secretary, it is to be regretted, undertook a public defence of +the system which he has frequently expressed his disapproval of; but +the more favourable construction which he endeavoured to place upon +the law was immediately removed by a plain statement from the +President to the exact contrary effect.</p> + +<p>The Uitlanders consider that, if the intentions of the Government +were as good as they desire them to be thought, firstly, they should +not object to have the conditions permanently established and not +leave them liable to alteration at the sweet will of the +Superintendent, as they are to-day; and secondly, as there has been +nothing to hinder the carrying out of benevolent intentions—had they +existed—there is no reason why there should be five or six thousand +Uitlander children without any facilities for education in their own +language except such as are provided by private enterprise or +charity. And this is so; notwithstanding the expenditure by the State +of nearly a quarter of a million per annum, ostensibly upon +education, nine-tenths of which sum is contributed by the Uitlander +population.</p> + +<p>The spirit in which the State aid is given and the aim which the +Government have in view are entirely revealed in the conditions, a +brief reference to which will be sufficient.</p> + +<p>The Government capitation grant of Ł4 per annum may be earned on the +conditions:—</p> + +<div class="quoted"> + +<p>(a) That the child be over six years of age.</p> + +<p>(b) That it shall have a sufficient knowledge of the Dutch language +and South African history.</p> + +<p>(c) That it be not the child of Dutch or Hollander parents.</p> + +<p>(d) That a qualified Dutch teacher must be retained by the school.</p> +</div> + +<p>The first condition excludes all the children of the kindergarten +schools, and also a class who form a considerable percentage in the +elementary schools. The third condition excludes all those who have +in early years any chance of satisfying the inspectors under the +second condition. Obviously <a id="pg.341"></a>the amount earned by the few who would +satisfy all the conditions could not possibly pay for the salary of +a Dutch teacher. It was an actual experience in several schools that +the acceptance of State aid involved a direct loss; a good example of +the 'something for nothing' policy.</p> + +<p>English is permitted to be the medium of instruction in Government +schools on the conditions, among others—</p> + +<div class="quoted"> + +<p>That Dutch be taught for one hour a day during the first year, two +hours a day during the second year, three hours a day during the +third year; and that in the fourth year Dutch shall become the sole +medium of instruction.</p> +</div> + +<p>The characteristic trickery and cunning which mark so many of the +Boer-Hollander enactments are again apparent here. The proposal is +made to appear reasonable, but it is clearly impossible for a child +to attain within the time named such proficiency in a foreign +language as to be able to receive all instruction in it. The effect +and the design are to place English-speaking children at a grave +disadvantage compared with Dutch-speaking children; either they would +have to devote a great deal more time to the study of Dutch in the +first three years so as to be able to receive all instruction in that +tongue, or they would suffer in the higher standards through their +imperfect knowledge of the medium of instruction. It was not to be +supposed that the Uitlanders, after an experience extending over a +decade and a half of all sorts of promises, not one of which had been +kept in the spirit in which it was intended to be construed, would +consent to abandon their scheme at the behest of Dr. Mansvelt and the +misguided few who judged his proposals by appearances. President +Kruger speaking at Rustenburg as lately as March last laid particular +emphasis upon the stipulation in the Law that in the fourth year +Dutch should be the sole medium of instruction, and explained that +his determination was to make Dutch the dominant language.</p> + +<p>In the month of February the Transvaal Government received a dispatch +from her Majesty's Government with reference to the dynamite +concession. It referred to the announcement already recorded, that in +the course of the coming session of the Raad a proposal would be +submitted <a id="pg.342"></a>for the extension of the monopoly for fifteen years. +Mr. Chamberlain pointed out that her Majesty's Government were +advised that the dynamite monopoly in its present form constitutes a +breach of the Convention; he expressed the hope that the Transvaal +Government might see its way voluntarily either to cancel the +monopoly or to so amend it as to make it in the true sense a State +monopoly operating for the benefit of the State; and he suggested +that in any case no attempt should be made to extend the present +concession, as such a proposal would compel her Majesty's Government +to take steps which they had hitherto abstained from taking in the +hope and belief that the Transvaal Government would itself deal +satisfactorily with the matter. It was with this despatch, so to say +in his pocket, that the President introduced and endeavoured to force +through the Raad the proposal to grant a fifteen years' extension of +the monopoly.</p> + +<p>That representations had been made by the British Government on the +subject of the dynamite monopoly, had been known for some time before +the Peace Negotiations (as they have been called) between the +Government and the Capitalists were proposed. On February 27<a href="#fn.49" class="fnmark">{49}</a> Mr. +Edouard <a id="pg.343"></a>Lippert, the original dynamite concessionaire, who it was +known would receive the further sum of Ł150,000 if the monopoly +remained uncancelled for five years, opened negotiations on behalf of +the Government with certain representatives of the capitalist groups +on the Rand; and it was immediately seen that the main—one might +almost say sole—object of the negotiations was to safeguard the +dynamite monopoly. The Government had, in fact, been placed in a very +awkward position. One of the excuses for not expropriating the +monopoly had been that the State had not been successful in raising a +loan. In order to deal with this objection the Chamber of Mines had, +in the month of February, 1899, made an offer, guaranteed by all the +principal firms on the Rand, to provide the sum of Ł600,000 to +compensate the monopolists for their actual expenditure up to date +upon buildings, plant, machinery, &c., so that there should be no +semblance of injustice in the treatment meted out to them. The +conditions of the offer were that the dynamite monopoly should be +cancelled and importation of explosives permitted under an import +duty which would give the State a very large revenue at once and +which in the course of a few years would provide a sinking fund +sufficient to extinguish the loan of Ł600,000. The offer was so +favourable to the State that it placed the Government in a +quandary.<a href="#fn.50" class="fnmark">{50}</a> The attitude of the Volksraad, too, was distinctly +hostile to the dynamite monopoly; and on top of all came the +representations of the Imperial Government upon the subject. It +became necessary to do something to save the threatened +'cornerstone'; hence the Peace negotiations between the Government +and the capitalists.</p> + +<p>This was another and one of the clearest examples of the 'something +for nothing' policy, for it will be observed that of all the things +mentioned dynamite alone was the matter to be definitely settled—and +that to the satisfaction of Mr. <a id="pg.344"></a>Kruger. Long years of experience +had taught the Uitlanders to examine any proposals coming from the +Government with the utmost care; and the representatives of the +mining industry were soon of one mind in regarding these negotiations +as nothing but a trap.</p> + +<p>Of the five men who represented the Government, viz., the President, +the State Secretary (Mr. Reitz), the State Attorney (Mr. Smuts), the +Foreign Plenipotentiary (Dr. Leyds), and the 'disinterested +intermediary,' Mr. Lippert, it was easy enough to account for three. +The President had frequently pledged himself to maintain the +monopoly, and always referred to it as the corner-stone of the +independence. Dr. Leyds had chosen to associate himself with the +defence of the concessionaires upon all occasions, and had even gone +so far, as evidence given at the Industrial Commission showed, as to +misrepresent the facts in their defence. The difficulty was how to +explain the association of the State Attorney and State Secretary, in +whose good intentions and integrity there was a general belief. The +solution was to be found in the illusory promises of reform under the +heading of franchise and reorganization of the finances and other +matters. These proposals, it was believed by Mr. Kruger and his +party, would secure the support of the two above-named officials, as +well as entice the capitalists into the trap set for them. But there +were other points of advantage for Mr. Kruger. The whole scheme was +in accordance with the <i>divide et impera</i> policy. The first +impression, if the scheme were accepted, would be that the +capitalists had secured something for themselves by bartering away +the rights of the public; so there would have been a division in +Johannesburg. Another effect to be brought about by the proposed +action regarding the Indians would have been to divide the Uitlanders +from the Imperial Government, and the net result of it all would have +been that neither the public nor the capitalists would have got +anything but illusory promises and Mr. Kruger would have secured his +dynamite; for had he been able to extract from the Industry an +expression of approval or acquiescence, it would have given him his +majority in the Volksraad in favour of the monopoly.</p> + +<p>The following is the correspondence which passed:—</p> + +<div class="quoted"> +<a id="pg.345"></a> +<div class="opener"> + JOHANNESBURG, S.A.R.,<br /> + <i>27th March, 1899.</i></div> + +<p><i>To the Honourable the State Secretary, Pretoria.</i></p> + +<div class="salutation">HONOURABLE SIR,</div> + +<p>Before communicating to you and the representatives of the Government +whom we met the expression of our opinion and that of our London +friends on the proposals submitted to us by Mr. Lippert on behalf of +the Government of the S.A.R., we deem it advisable to recite shortly +how we have arrived at the present position.</p> + +<p>On the 27th of February Mr. E. Lippert called together Messrs. A. +Brakhan, E. Birkenruth, and G. Rouliot, to whom he submitted a +certain programme concerning the settlement of some pending questions +forming the subject of grave differences between the Government of +the S.A.R., on the one part, and the whole Uitlander population and +the mining industry on the other part, with a view to ascertain +whether these gentlemen were willing to open negotiations on the +basis suggested, in order to try to come to a settlement. Upon the +affirmative answer of these gentlemen, Mr. Lippert obtained an equal +expression of approval from Dr. Leyds, the State Secretary, the State +Attorney, and also of President Kruger. The preliminary programme at +Mr. Lippert's request was then communicated by cable to our London +friends. Upon receipt of a reply to the effect that our London +friends were in favour of any arrangement which would produce harmony +and secure administrative and financial reform, which was +communicated to Mr. E. Lippert, a meeting was arranged with Dr. +Leyds, Messrs. Reitz, Smuts, and Lippert, as representing the +Government, on the 9th of March; but as Messrs. Brakhan, Birkenruth, +and Rouliot had repeatedly mentioned that they did not consider +themselves qualified to discuss matters on behalf of the general body +of Uitlanders, and seeing that the programme submitted was to be +considered as a whole, and either adopted or rejected as such, +therefore it would be necessary to obtain the views, on the franchise +question, of prominent citizens more able to express the wishes of +Uitlanders on this subject; Mr. Lippert, on behalf of the Government, +invited in addition Messrs. Pierce and Pistorious to be present at +the meeting.</p> + +<p>At this meeting several points were discussed, but as no definite +proposal regarding franchise could be submitted, no decision was +arrived at, it being made clear, however, that this was only a +preliminary conversation with the object of exchanging views, and +that in any case the opinion of the Uitlander population, and also +that of our friends in Europe, would have to be fully ascertained.</p> + +<p>On the 12th instant, at the request of Mr. Lippert, Messrs. Brakhan, +Birkenruth, Rouliot, Pierce, Pistorious and Fitzpatrick met, and Mr. +Lippert communicated to us the definite proposals of the S.A.R. +Government, which were duly cabled the same day to our friends, +requesting a reply before the end of the week, as the Government +would have to submit the whole matter to the Raad, and we were +requested to sign an agreement with the Government, and a declaration +binding on ourselves and our London friends.</p> + +<p>Their answer, suggesting a further conference with Dr. Leyds in +London, was duly communicated to his Honour the State President. His +Honour's reply, stating that the exchange of views had better take +place here, was communicated to our European friends.</p> + +<p>Now they have cabled us a full <i>précis</i> of the proceedings and +resolutions <a id="pg.346"></a>passed at the meeting held in London on the 16th +instant, and the following is therefore the expression of our opinion +as well as that of our European friends, upon the subjects which have +already been discussed between the representatives of the S.A.R. +Government, and ourselves.</p> + +<p>It having been stipulated by the Government that the various matters +herein dealt with shall be taken as parts of one whole plan, we have +bowed to that decision, and we beg now to reply under the various +heads on the understanding that no one portion may be judged as apart +from the whole.</p> + +<h4>BEWAARPLAATSEN.</h4> + +<p>In furtherance of the general settlement, those of us directly +concerned in the mining industry would be prepared to recommend a +modification of the claims of the surface holder and a final +settlement of the question on the lines suggested as preferable to +the continued uncertainty, on the understanding that the basis for +valuation should be arrived at by fixing, after consultation, a +maximum price upon the best situated bewaarplaatsen or water-right, +and that the price of all other mining rights under bewaarplaatsen, +machine stands or water-rights be valued by competent engineers on +the basis and in relation to the above maximum value, taking into +consideration the comparative value of the outcrop claims and the +diminishing value in depth; the surface holder having the preferent +right to acquire the undermining rights at the price thus arrived at.</p> + +<h4>FINANCIER AND AUDITOR.</h4> + +<p>The appointment of a suitable man with efficient control and assured +status would undoubtedly meet one of the most serious of the +grievances, and would be universally accepted as satisfactory. The +financier, in order to enjoy the confidence of all concerned, and +with a view to avoid as far as possible ulterior discussion of his +recommendations, should be approved of by some person belonging to a +firm of well-known independent standing, such as Lord Rothschild, for +instance. The financier to be a member of the Executive Council, and +to formulate and approve every scheme of taxation should further or +other taxation become necessary.</p> + +<h4>LOAN.</h4> + +<p>Any loan offered at reasonable rates and approved by the Finance +Minister for the common good would undoubtedly receive our support; +we understanding, on the other hand, that no new taxation will be +imposed on the general population or the mining industry pending the +appointment of the financier.</p> + +<h4>PRESS AGITATION.</h4> + +<p>There having been, as far as we know, no organized press agitation, +it is impossible for us to deal with this matter, but it is clear +that the criticism which has been provoked by a certain condition of +affairs here would necessarily cease upon the causes of complaint +being removed, and we would be prepared, in case of our coming to a +settlement with the Government, to declare that the solution of the +questions arrived at meets with our approval as a whole, so as to +discourage further agitation in newspapers on these subjects.</p> + +<h4><a id="pg.347"></a>POLITICAL ORGANIZATIONS.</h4> + +<p>We shall at all times be willing to publicly discourage and repudiate +any political organization having for its object the stirring up of +strife or promoting dissension between the different nationalities +inhabiting this State, and we would and will in any case do this +freely and upon principle, and entirely apart from other +considerations connected with this Conference, but it should be +clearly understood that this declaration must not be construed as +repudiating or deprecating any legitimate representations which the +community or any section of them may see fit to make in matters which +concern them as inhabitants of this State.</p> + +<h4>COOLIE QUESTION.</h4> + +<p>We well appreciate the dangers of uncontrolled, indiscriminate +immigration of the lower class Indians, Chinese, and other coloured +races, and the necessity for provision for sanitary control, and +shall be most willing to aid the Government in the above objects; but +we consider it impossible for us to intervene in this matter, which +is governed by the London Convention with the British Government. We +suggest that for the purpose of guarding against the dangers above +referred to, this matter be explained to the Imperial Government as +part of the whole scheme for the settlement of differences, and claim +therefore an especially favourable consideration, for, in the success +of this scheme, all who desire peace and prosperity in this country +must be deeply concerned and willing to co-operate on generous lines. +We suggest that this representation be made in such manner as may be +deemed less calculated to provoke unfavourable comment, or offend +susceptibilities in any quarter, and that the suggestion be viewed by +all parties in its true proportions as one part of the whole scheme +of settlement. Unless so viewed we should be unable to put ourselves +forward in a matter at issue between the two Governments, nor of +course could the proposals of the Government be taken to suggest +this.</p> + +<h4>DYNAMITE.</h4> + +<p>With the principle of granting a monopoly to individuals, agencies, +or corporations it is impossible for us to agree, and whatever +arrangement be effected, we should have to make it clear that in this +instance we are viewing the question solely as a burden—a tax which +the mines are asked to definitely accept in order that an +amelioration of the general conditions affecting the whole Uitlander +population may be secured.</p> + +<p>The difference between the cost at which dynamite could be imported +(exclusive of Transvaal duty) and the price we are now compelled to +pay amounts to over Ł600,000 per annum on the present rate of +consumption, a sum which will increase steadily and largely in the +immediate future.</p> + +<p>Whether the mining industry should voluntarily accept such an immense +burden as a set-off against terms which, whilst they would doubtless +eventually favourably affect the industry, are in their immediate +effects designed to satisfy the Uitlander population in their +personal rights as distinct from the mining industry as a business, +is a matter which would in the first place have to be submitted to +the recognized elected representatives of the mining industry, and +would in the second place depend upon whether the people in whose +interest such sacrifice is required would accept the terms which the +Government would be willing to concede as satisfying their reasonable +aspirations.</p> + +<p><a id="pg.348"></a>It is also a matter of grave and general concern that a sum so +enormous, when compared with the revenue requirements of the State, +should be taken annually from the mines with little, if any, benefit +to the country, when it might be utilized in part or entirely in +supplementing the State revenue, and thus afford relief in other +directions to every taxpayer in the country.</p> + +<p>Notwithstanding the above considerations, however, we feel that a +great monetary sacrifice might be made to secure a peaceful and +permanent solution of vexed questions, and that the subject of +dynamite should be submitted to the Chamber of Mines and discussed in +that spirit.</p> + +<p>Whilst we are willing, in order to bring about a general settlement +of all pending questions, to recommend such a heavy sacrifice to be +made, and adopt the proposal made by the Government, it would be a +condition that there shall not be any extension of the concession, +and that the terms of the contract shall be rigidly enforced; that +the Dynamite Company shall reduce the price of dynamite to 70s. per +case, giving to the Government the 5s. per case and the share of the +profits to which it is entitled; and that at the end of the present +agency the factory shall be taken over at a valuation which shall not +include compensation for goodwill or for loss of future business.</p> + +<h4>FRANCHISE.</h4> + +<p>This is the vital point upon which a permanent and peaceful +settlement must hinge, and if a satisfactory solution can be arrived +at on this point, as well as on the others raised, we shall be +prepared to recommend to the Industry to make the sacrifices involved +in accepting the Government proposals.</p> + +<p>We note that—</p> + +<p><i>(a)</i> the proposals do not include a substantial recognition of past +residence;</p> + +<p><i>(b)</i> that the period is seven years;</p> + +<p><i>(c)</i> that it is proposed that those who acquire citizenship under +the law, if changed as proposed, shall not have the vote for the +office of President, and that the oath of allegiance would be +required seven years before the acquisition of limited burgher +rights;</p> + +<p><i>(d)</i> that the proposed new law would have to be published for a year +and receive the assent of two-thirds of the enfranchised burghers of +the Republic.</p> + +<p>Whilst declaring ourselves willing to accept and recommend the +acceptance of any fair scheme on constitutional reforms, we consider +that such a scheme must first be laid before, and approved by, the +unenfranchised community, as the rights, liberties, and privileges of +the community would depend absolutely on the nature of the reform.</p> + +<p>We have repeated on many occasions that business houses are not +qualified to discuss this question on behalf of the general body of +Uitlanders, and that we would not presume that we were appointed by +the whole community to discuss it on their behalf. It will therefore +be necessary to find means to bring the whole question before those +directly affected, who are the only ones entitled to finally dispose +of the matter, their acquiescence to the scheme having to be first +obtained before we recommend the sacrifices which we contemplate in +order to ensure a general permanent and peaceful settlement.</p> + +<p>For your guidance we enclose an expression of opinion which has been +furnished to us by some of the most prominent Uitlanders, and +<a id="pg.349"></a>places before you the views of a very large and influential section +of the community.</p> + +<p>The above subjects are only those which have been discussed between +the Government representatives and ourselves, but, in order to arrive +at a final permanent settlement, we think that we ought to endeavour +to remove all other causes of disagreement, and treat as well several +other important questions left untouched; and we would beg that the +Government will take the necessary steps, as far as lies in their +power, to assist the industry by bringing native labourers to the +goldfields, and to this end will be willing to confer with the +Chamber of Mines as to the best means to be adopted; that the law +relating to the sale of intoxicating liquor at present in force shall +be maintained and strictly enforced. We may further state that we +have every confidence in the probity and honour of the Judges of the +S.A.R., and wish to place on record our desire that the independence +of the Bench should be assured and maintained inviolate in the +highest interests of all the inhabitants of the Republic.</p> + +<p>We enclose copy of the cable which we sent, embodying the proposals +of the Government of the S.A.R. as communicated to us by Mr. Lippert, +and copy of the <i>précis</i> and resolution passed at the meeting held in +London, when the above cable was considered.</p> + +<p>This letter conveys to you our opinion as well as that of our friends +in Europe, and we should be most happy to arrange a meeting with you +and any other representatives of the Government to consider and +discuss the points contained therein.</p> + +<p>We beg to assure you once more that we, as well as our European +friends, are most sincerely desirous to arrive at a satisfactory +settlement, securing a peaceful future and promoting the welfare of +the country and the people, and trust that you will regard the +expression of our opinion in that light.</p> + +<div class="closer"> + We remain, honourable Sir,<br /> + Yours obediently,<br /> + G. ROULIOT.<br /> + H.F.E. PISTORIUS.<br /> + E. BIRKENRUTH.<br /> + JOHN M. PIERCE.<br /> + A. BRAKHAN</div> + +<p>The foregoing embodies our views as well as that of our London +houses.</p> + +<div class="closer"> + (Signed) J.G. HAMILTON.<br /> + W. DALRYMPLE.</div> +</div> + +<p>The following memorandum—the one referred to in the above +letter—was prepared by well-known Uitlanders whom the Government, +owing to the refusal of the capitalists to deal with the franchise, +had been obliged to select in order to get some pronouncement upon +that question. The little ironies of life have two properties: the +humour for the winner, and the hurt for the worsted. The Uitlanders +had for three years enjoyed a singularly monotonous experience in +ironies, but a turning came in the long lane when it became necessary +for the President to suspend the operation of his three years' <a id="pg.350"></a>ban +on two of the Reformers in order to get their advice upon the +franchise question.</p> + +<div class="quoted"> +<div class="closer"> + JOHANNESBURG, S.A.R.,<br /> + <i>24th March, 1899.</i></div> + +<div class="salutation">GENTLEMEN,</div> + +<p>In response to the invitation from the Government of the South +African Republic conveyed to us by Mr. E. Lippert, we beg to submit +the enclosed memorandum upon the franchise question.</p> + +<div class="closer"> + Yours faithfully,<br /> + J. PERCY FITZPATRICK.<br /> + H.C. HULL.<br /> + W. DALRYMPLE.<br /> + W.A. MARTIN.<br /> + THOS. MACKENZIE.<br /> + R. STORE.<br /> + J.G. HAMILTON.<br /> + T.J. BRITTEN.<br /> + H.R. SKINNER.</div> + +<div class="closer"><i> + To Messrs. G. Rouliot,<br /> + E. Birkenruth,<br /> + A. Brakhan,<br /> + J.M. Pierce,<br /> + H.F.E. Pistorius<br /> + Johannesburg</i>.</div> + +<h4>MEMORANDUM <i>RE</i> FRANCHISE.</h4> + +<p>After such investigation as the restrictions imposed have permitted, +we are of opinion that it would be quite useless to approach the +Uitlander population with the Government proposal in its present +form, chiefly for the following reasons:—</p> + +<p>1. No consideration is given to the term of residence already +completed.</p> + +<p>2. The alteration of the franchise law according to lately prescribed +procedure, whereby two-thirds of the burghers must signify approval, +is a practical impossibility,—witness the fact that at the last +Presidential election, surpassing in excitement and interest all +other occasions of general voting, with the three recognized leaders +in the field, and every agency at work to stimulate activity, less +than two-thirds of the burghers on the register recorded their votes.</p> + +<p>3. The present form of oath would be regarded as humiliating and +unnecessary, in support of which view we instance that quite recently +the Volksraad of the Orange Free State rejected upon the same grounds +the proposed introduction of the same oath of allegiance.</p> + +<p>4. The period of disqualification, during which the Uitlander would +have given up his own citizenship by naturalizing and have acquired +nothing in return, would be found most objectionable—especially +with the experience that rights have in the past been legislated away +as they were on the point of maturing.</p> + +<p>5. In view of the unique conditions of this country, extension of the +franchise without some approach to equitable redistribution of +representatives would be regarded as no solution of the question and +might even provoke doubts as to the <i>bonâ fides</i> of the proposal, +which would be a deplorable beginning, yet one easily to be avoided.</p> + +<p>Regard being had to the points raised in paragraphs 1, 2, 3, and 4, +we consider that as restrictive franchise legislation, apparently +designed to <a id="pg.351"></a>exclude for ever the great bulk of the Uitlander +population, dates its beginning from the Session of 1890, and as the +various enactments bearing upon this question have been passed by +successive Volksraads exercising their power to alter, add to, or +revoke, previous enactments, and as the same powers are to the full +enjoyed by the present Volksraad, it would be both possible and +proper for the present Volksraad to annul all the legislation upon +this subject from that date, and to restore and confirm the status +prior to 1890, and thus satisfy the indisputable claims of those who +settled in this country under certain conditions from the benefits of +which they could not properly be excluded.</p> + +<p>With regard to paragraph 5, a moderate proposal designed to give a +more equitable distribution of representatives in the Volksraad would +be necessary.</p> + +<p>The above suggestions are not put forward as the irreducible minimum, +nor are they designed for public use, nor intended as a proposal +acceptable to the eye but impossible in fact, and thus sure of +rejection. They are put forward in good faith as indicating in our +opinion the lines upon which it would be possible to work towards a +settlement with a reasonable prospect of success.</p> + +<p>If the difficulties appear great the more reason there is not to put +forward an unalterable proposal foredoomed to failure, but rather to +try and find points of agreement which, however few and small to +begin with, would surely make for eventual and complete settlement. +In any case it is clear that the mere fact of a proposal to extend +the franchise having been made by the Government, thus frankly +recognizing the need to deal with the subject, will be hailed as a +good omen and a good beginning by all fair-minded men.</p> +</div> + +<p>The determination of the negotiators to have the position clearly +stated in writing, and their fear that the use of intermediaries +would end in the usual unhappy and unpleasant result—namely, +repudiation of the intermediary in part or entirely—were not long +wanting justification. The following is a translation of Mr. F.W. +Reitz's reply:—</p> + +<div class="quoted"> +<div class="opener"> + PRETORIA, <i>8th April, 1899.</i></div> + +<p class="centered"><i>Messrs. G. Rouliot, H.F.E. Pistorius, A. Brakhan, E. Birkenruth, +and John M. Pierce, Johannesburg</i>.</p> + +<div class="salutation">DEAR SIRS,</div> + +<p>I have the honour to acknowledge receipt of your letter dated 27th +March last, referring to certain proposals to the Government from +representatives of the mining industry.</p> + +<p>In order to understand the natural position it is necessary to state +the facts more extensively than given in your letter.</p> + +<p>It is wrong to say, as you do in the first paragraph of your +communication, that Mr. Lippert came to you with certain proposals +from the Government.</p> + +<p>It appears also from the second paragraph of the same that Mr. +Lippert came to you <i>suo motu</i> with the object, as he informed me +afterwards, to see 'if it was not possible to obtain a better +understanding between the Government on the one side and the mining +industry on the other.' He acted in no wise as the agent of the +Government, or in the name of the Government, to make any proposals +to you, but only as a friendly mediator to see how far unnecessary +differences and misunderstandings could be removed.</p> + +<p><a id="pg.352"></a>When Mr. Lippert came to Dr. Leyds and myself, and informed us that +you and other gentlemen were agreeable to his mediation, we at once +agreed with his plan, being aware that there was a warm desire and +continued struggle on the part of this Government to remove out of +the way all friction and trouble, and that in this case especially it +was our object to leave no stone unturned to get all differences +settled. We were the more anxious to meet you, because his Honour the +State President had decided to lay before the Volksraad certain +proposals of law, which are of great importance not only for the +people of the Republic, but especially for the mining population and +industry. We gave Mr. Lippert to understand that should the leaders +of the mining industry have no objection to his mediation, we would +not be unwilling to make use of his good services in this matter.</p> + +<p>Mr. Lippert then went to Johannesburg, and returned to us with the +assurance that there was no objection to his acting as mediator, and +gave us some of the subjects on which it appeared to him that it was +possible to arrive at a friendly understanding.</p> + +<p>In consequence of this, and acting on our own initiative, and not as +representatives of the Government, Dr. Leyds, Mr. Smuts, and myself, +met some of your leading men, as set forth in your letter.</p> + +<p>At this meeting we informed you of the intention of the President to +alter certain laws for the general good. Only with reference to the +franchise we gave you no definite proposal, the matter being then +still under consideration. From your side we requested only a more +friendly attitude from the Press, as we were convinced that the +excessive Press campaign carried on by the newspapers, which are +generally considered to be owned by you, or influenced by you, +however much they may forward certain interests, still, in the end, +did infinite harm to the existing interests of all sections of the +population. Through the continual and incessant agitation and +creation of suspicion on the part of the papers, the public mind was +constantly in a state of insecurity, and the fanning of the race +hatred made it impossible for the Government as well as the +legislature to improve the relations between the so-called Uitlanders +and the old population.</p> + +<p>We requested your friendly assistance also in the settlement of the +coolie question, not because we wanted to cause friction between you +and other foreign governments, but only because the policy which +refers to the native and coloured questions is of the utmost +importance to South Africa.</p> + +<p>Mr. Lippert had in his programme the granting of a promise on your +side that you would support the Government in the obtaining of a loan +which the Government may deem necessary, and that you should bind +yourselves in writing to abstain from all political organizations +inimical to the Government.</p> + +<p>These matters we did not discuss, as we considered them unnecessary +and inadvisable. From your side you deemed it necessary, before +answering us, first to receive the instructions of your foreign +principals. Before you could give us the result the President +explained his intentions at Heidelberg, and afterwards at Rustenburg +and Johannesburg.</p> + +<p>Your letter, now under consideration, contains practically a definite +answer to our communication to you. I shall now consider the points +of your answer separately.</p> + +<p class="centered"> +BEWAARPLAATSEN.</p> + +<p>With reference to this matter, we think that the undermining rights +under bewaarplaatsen, machine stands, and water-rights should be +<a id="pg.353"></a>valued on a reasonable basis, independently by the Government, and by +the owner of the surface rights (should there be a difference which +cannot be settled amicably, then the value can be fixed by +arbitration), and that the surface owner shall have the preferent +right to purchase the affected under-mining right at such a +valuation. From your communication I understand that you suggest a +special method of valuation. That is a detail which can be settled +when the valuation is actually commenced, and which experts are +better able to judge over than I am. Therefore I shall say no more on +this subject.</p> + +<p class="centered"> +FINANCIER AND AUDITOR.</p> + +<p>On this subject our opinion was that the auditor should be +independent of the Government, and alone responsible to the Volksraad +to appoint as financier a man of standing, with a seat in the +Executive Council, to advise on all matters affecting finances.</p> + +<p>I am glad to see that you are with us, and that it gives you great +satisfaction. I must express my surprise, however, over your proposal +that previous to the appointment this Government must first get the +approval of Lord Rothschild or any other capitalist. I can only +answer that it is in no wise the intention of the Government to frame +the future financial policy of this State on a capitalistic basis, +and thus your request cannot be agreed to. It is quite possible to +make such an appointment which will carry general approval without +being subjected to such a mutual condition.</p> + +<p class="centered"> +LOAN, PRESS AGITATION, POLITICAL ORGANIZATION.</p> + +<p>With reference to these matters, I have already made it plain to you +that in following the proposals of Mr. Lippert by cabling to your +principals, you acted under a misunderstanding. We requested no +binding declaration from you, only a moral understanding, which would +be easy for you to maintain, if it was in the interests of the +Uitlanders as well as the burghers of the Republic. I regret that the +mistake has arisen, otherwise I cannot see that any objection can +come from your side to approve of the plans of the President.</p> + +<p class="centered"> +DYNAMITE.</p> + +<p>On this question there is a small difference between the proposed +policy of the President and your answer.</p> + +<p>I only wish to add that his Honour goes further than you do, as he +has declared his readiness to expropriate the Dynamite Company, under +agreement with its representatives, as soon as possible. If the +expropriation takes place after the expiration of the present +concession then it will naturally not be on the basis of a going +concern.</p> + +<p class="centered"> +FRANCHISE.</p> + +<p>On this subject I can well understand that you do not wish to take +upon your shoulders the responsibility of speaking and acting for the +whole of the new population. It was more your personal opinions as +men of position that we wished to know. Then again, according to your +assurance at the aforementioned meeting, you do not take any personal +interest in the franchise question, and that you would rather leave +the question to the public; your answer is therefore perfectly fair. +His Honour has therefore already acted in accordance with your idea, +for he has brought the question of the franchise very prominently +before the public, not only at Heidelberg and Rustenburg, but also at +Johannesburg.</p> + +<p><a id="pg.354"></a>In conclusion, I wish to refer to one matter which has caused me much +pain. It was clearly and distinctly agreed and understood by you all +as well as by us that both sides would treat this matter as +confidential and secret, as discussions of such important matters +cannot be carried on with any results on the tops of houses. What has +happened? On the 28th of March I received your letter, and on the 3rd +of April, whilst I was yet giving it earnest consideration and had +taken all the measures to keep it secret, the contents of the same +appeared in the London <i>Times</i>, while some days later your answer +appeared in full in the <i>Cape Times</i>, the <i>Diamond Fields +Advertiser</i>, and other papers under the influence of the capitalists. +The manner in which these papers favourable to you, or controlled by +you, have dealt with me in this matter has caused me (I admit it with +regret) to doubt for one moment your good faith. Thinking, however, +of the great interest as it were in the balance, and believing, +moreover, that you never for private or party purposes intended to +play with the true and lasting interests of all sections of the +community, I cannot help thinking that the reply has been published +through one of your subordinates, and regret that the publication has +not been immediately repudiated by you publicly as a grave breach of +faith. I would regret it, while there exists so few points of +difference between us, that these things should bar the way through +careless and wrong tactics to a permanent understanding, and trust +that the hand extended to the Industry in absolute good faith will +not be slighted purposely and wilfully. Owing to the publication of +your reply, there exists no further reason for secrecy, and I shall +hand my reply to the press.</p> + +<div class="closer"> + Your obedient servant,<br /> + F.W. REITZ,<br /> + <i>State Secretary</i>.</div> +</div> + +<p>The repudiation of Mr. Lippert's "official" character; the contention +that the State Secretary, State Attorney, and Dr. Leyds could divest +themselves of all responsibility in negotiations such as these, and +claim to have been acting in their private capacity only; and the +extraordinary anxiety to keep secret matters which deeply affected +the public, and to the settlement of which the Government designed +that the public should be committed, compelled the negotiators to +produce evidence that the statements and conclusions of the +Government were not warranted by the facts. The following letter, +which was formally acknowledged but never answered, practically +concluded the negotiations:—</p> + +<div class="quoted"> +<div class="opener"> + JOHANNESBURG, S.A.R., <i>April 14, 1899.</i></div> + +<p class="centered"> +<i>To the Honourable the State Secretary, Pretoria.</i></p> + +<div class="salutation">HONOURABLE SIR,—</div> + +<p>We have the honour to acknowledge the receipt of your communication +of the 8th April, 1899.</p> + +<p>Certain of our statements being doubted and described as erroneous in +your letter, we deem it advisable to go more fully into the facts +which have preceded and led to this correspondence.</p> + +<p><a id="pg.355"></a>It may be that communications exchanged through an intermediary have +been transmitted in a manner liable to convey a different impression +from what was actually meant, and in order to clear any possible +misunderstanding, we beg to enclose copies of all documents supplied +to us by Mr. Lippert, whom we, at all times, considered as your +authorized agent.</p> + +<p>From these it will be apparent that during the negotiations we acted +in perfect good faith, communicating and discussing what we justly +considered were the wishes and proposals of the Government, and it +will also be clear to you that every one of our statements is based +on documents which we had every reason to believe were approved of by +the Government.</p> + +<p>On February 27th Mr. Lippert called together Messrs. E. Birkenruth, +A. Brakhan, and G. Rouliot, to whom he stated that a settlement of +certain pending questions could probably be arrived at. He said that +he had ascertained the views of Dr. Leyds, Messrs. Reitz and Smuts, +who had agreed to a certain programme, and he wanted to know whether +we would be willing to open negotiations on that basis, in which case +the three officials mentioned would see the State President and +ascertain whether he would be prepared to adopt their views.</p> + +<p>If the State President's approval could be obtained, Mr. Lippert +suggested that a conference should be held to discuss the subjects +mentioned in his memorandum.</p> + +<p>This memorandum (Annexure 'A'), as explained to us by Mr. Lippert, +enumerates under Clauses 1 to 5 inclusive the points which the +Government expected us to concede, and the other clauses are what the +Government proposed doing in return.</p> + +<p>We were then informed that the programme must be considered as a +whole, and either adopted or rejected as such, no question being +considered separately, and that the matter must be kept absolutely +secret.</p> + +<p>Upon our statement that we personally would be willing to open +negotiations on the basis suggested, Mr. Lippert went to Pretoria and +informed the high officials above-named.</p> + +<p>On March 1st Mr. Lippert informed us that the State President was +viewing the matter favourably, and requested us to acquaint our +friends by cable.</p> + +<p>Our replies having been communicated to Mr. Lippert, a meeting was +arranged on March 9th, as recited in our previous letter, at which, +Mr. Lippert informed us, no new subject outside of those mentioned in +his memorandum could be discussed.</p> + +<p>Messrs. Pistorius and Pierce, being invited by Mr. Lippert to attend +the meeting, were each supplied by him with a list of the questions +to be discussed, forming part of the proposed settlement (Annexure +'B').</p> + +<p>On March 12th Mr. Lippert communicated to us what he termed the +definite proposals of the Government of the S.A.R., which were duly +cabled to our friends in Europe (a copy of this cable has already +been sent to you).</p> + +<p>He also read to us the declaration, which he suggested we should sign +on behalf of ourselves and our European friends (Annexure 'C').</p> + +<p>A speedy reply to our cable was asked for, as Mr. Lippert had +informed us that, if any settlement could be arrived at, the +agreement had to be submitted to the Honourable the First Volksraad +before the closing of the extraordinary session which was drawing +near.</p> + +<p>We beg to point out to you that by cabling these proposals to Europe, +we could not possibly conceive that we were acting under a +misconception, as the day on which they were made to us, the 12th of +March, <a id="pg.356"></a>being a Sunday, the Telegraph Office was specially kept +open for the purpose of dispatching the cables, which were duly +received and forwarded upon production of an order from Mr. Lippert.</p> + +<p>In our letter of March 17th to his Honour the State President, +conveying the nature of our friends' reply, we mentioned the fact +that the communication made to us by Mr. Lippert on behalf of the +Government had been fully cabled; we stated that our friends no doubt +based their suggestion to further discuss the whole of the proposals +with Dr. Leyds upon the fact that the Government had stipulated that +they should become parties to the proposed settlement.</p> + +<p>In your reply of March 18th, no exception is taken to these +statements; you tell us, on behalf of his Honour the State President, +'that the exchange of views can best take place direct with the +Government, and here, within the Republic,' pointing out the fact +'that the session of the Volksraad was close at hand, and that +therefore further delay is undesirable.'</p> + +<p>You will thus see that we were perfectly justified in thinking that +the communications made to our European friends, embodied the +proposals of the Government of the South African Republic, were +cabled with the knowledge and approval of the Government, and that +we were requested to sign a declaration on behalf of ourselves and +our friends, which declaration had to be made public.</p> + +<p>Our letter of the 27th March conveyed to you our opinion and that of +our friends, upon the subjects comprised in the programme which was +submitted to us, and it is unnecessary to go over them in detail +again. We beg only to offer a few remarks upon certain points raised +in your letter of 8th April:—Bewaarplaatsen: We suggest a basis for +the valuation of bewaarplaatsen, machine stands, and water-rights, +which in our opinion ought to be adopted, in order to have a uniform +and easy method of valuing these places.</p> + +<p>Financier: Being fully aware of the complexity of financial problems +and questions of taxation in this State, we are anxious that the +financier appointed should be of such a standing as to command the +confidence of all, so that his recommendations cannot raise any +ulterior discussion. For that reason we expressed the opinion that, +before making the appointment, the Government should be guided in its +choice by someone belonging to a firm of well-known independent +standing. We have no desire to see this Government base its future +financial policy on any particular line, in the interest of, or +directed against, any special section of the people. We only wish to +see the financial policy established on sound recognized economic +principles, with fair and equitable taxation calculated according to +the proper requirements of the State.</p> + +<p>Press Agitation—Political Organizations: We have already informed +you, that so far as we know, there has been no organized press +agitation, and that we should be willing at all times to deprecate +the stirring up of strife between nationalities caused by any agency +whatsoever. We consider it desirable to see that feeling more +general, as we are convinced that exaggerated press campaigns +conducted by newspapers generally reported to be influenced by the +Government, and tending to create dissension amongst the various +classes of the community, are calculated to cause an infinite amount +of harm to the vested interests of all sections of the population.</p> + +<p>Dynamite: In your letter of the 8th April, you appear to have lost +sight of the fact that the proposed settlement was submitted to us as +a whole. Mr. Lippert made it clear that, in consideration of the +Government granting the measures enumerated in his memorandum, it was +<a id="pg.357"></a>expected that we should abandon our present contentions, and declare +ourselves satisfied with the settlement proposed by the Government. +Under ordinary circumstances this would be far from meeting our +desires, but we intimated to you that we should be willing to +recommend to the mining industry the adoption of the proposals made +to us on this subject, if by so doing we could promote a permanent +satisfactory solution of all pending questions.</p> + +<p>In conclusion, we beg to refer to the publication of our previous +letter to you. It took place here on the 6th inst., in the afternoon; +we immediately instituted an inquiry, and on the 8th inst., in the +morning, we wrote that we were in a position to assure you that we +could in no way be held responsible for the publication. We never for +a moment doubted your good faith, nor that of the other gentlemen for +whom the letter was meant, but thought that possibly the +communication could have been made through one of your subordinates. +However, not being certain of the fact, we merely repudiated any +responsibility on our part, and regret that you should have publicly +laid the blame on our side, without having communicated with us, +asking for an explanation, if you had any suspicion.</p> + +<p>We beg to assure you that we are as willing as ever to co-operate +with you in arriving at a settlement of all pending differences in +order to secure peace and prosperity in this country, and we shall be +ready at all times to meet and discuss with you, or any other +delegates of the Government, any matter likely to bring about a +speedy and permanent solution of all questions, still bearing in mind +what we mentioned in our previous correspondence, that we are not +qualified to speak on behalf of the whole community.</p> + +<p>As you have informed us that you have no objection to it, we shall +give a copy of this letter to the press.</p> + +<p>We have the honour to be, honourable Sir,</p> + +<div class="closer"> + Your obedient servants,<br /> + G. ROULIOT,<br /> + JOHN M. PIERCE,<br /> + A. BRAKHAN,<br /> + E. BIRKENRUTH.</div> + +<p>(Mr. Pistorius, being absent from town, could not sign this letter.)</p> + +<h4>ANNEXURE 'A'</h4> + +<p class="centered"> +MR. E. LIPPERT'S MEMORANDUM.</p> + +<p>1. Cessation of press agitation here and in Europe.</p> + +<p>2. Support on the coolie question.</p> + +<p>3. Settlement of the dynamite question.</p> + +<p>4. Loan (if required).</p> + +<p>5. Severance from the S. A. League.</p> + +<p>6. Appointment of State Financier and State Auditor, of European +reputation, with a seat and vote on the Executive in all questions of +finance.</p> + +<p>7. No new taxation of mines until submitted by Minister of +Finance.</p> + +<p>8. Moderate valuation of bewaarplaatsen.</p> + +<p>9. Burgher rights—five years—property test.</p> + +<h4>ANNEXURE 'B.'</h4> + +<p>Cessation of press agitation here and in Europe.</p> + +<p>Support to the Government in its treatment of the coolie +question.</p> + +<p>Settlement of the dynamite question.</p> + +<p><a id="pg.358"></a>Deprecate the objects of the S.A. League.</p> + +<p>Support the placing of a loan if Government wishes it.</p> + +<p>Appointment of a financial adviser to the Government, of European +reputation, and of an Auditor, both with seats and votes in the +Executive Council on all financial matters. (This has been amended by +the Government, so far as the Auditor is concerned, to retain the +present Auditor, and to give him, <i>re</i> dismissal, the same status as +a Judge, and to make him directly responsible to the Volksraad.)</p> + +<p>No fresh taxation to be levied on the mines until the Financial +Adviser has laid his proposals before the Government.</p> + +<p>Sale of the undermining rights to the holders of surface rights +(bewaarplaatsen, &c.), at a moderate valuation.</p> + +<p>Extension of the franchise by granting burgher rights after ... years +of registration, coupled with a property test.</p> + +<h4>ANNEXURE 'C.'</h4> + +<p>DRAFT OF DECLARATION TO FOLLOW PROTOCOL EMBODYING THE RESOLUTIONS +AGREED UPON.</p> + +<p>... Thereupon the subscribed parties from Johannesburg, for +themselves, and for the parties they represent here and in Europe, +declared:—</p> + +<p>'The passing by the Volksraad of the laws to be submitted by the +Government during this session,—</p> + +<blockquote class="indented"> +<p>'For the appointment during the present year of a Financial Adviser +to the Government, of European reputation, who shall have a seat and +a vote in the Executive Council on all financial matters.</p> + +<p>'For placing the Auditor-General on the same status <i>re</i> dismissal as +the Judges, and for making him responsible directly to the Volksraad, +it being agreed that until such Financial Adviser has laid his budget +proposals before the Government, no fresh taxation shall be laid upon +the mining industry, nor any other direct taxation.</p> + +<p>'For granting the undermining rights under bewaarplaatsen, machine +stands, and water-rights, to the present holders of the licences, +covering such reserved areas at a moderate valuation; such valuation +to be arrived at in the following manner: The Government to appoint a +valuator, with instructions to value these rights at a fair and +moderate valuation, the holder of the surface licence to appoint a +valuator; if they agree, then the surface licence holder shall have +the first right to the undermining rights at such valuation; if the +two valuators cannot agree about a valuation, they shall appoint +together an umpire; if they cannot agree about an umpire, the Chief +justice of the High Court shall be asked to appoint an umpire; the +decision of such umpire shall be final as to the value of the area +under arbitration. If the holder of the surface licence refuses to +purchase at the said valuation, the Government shall be at liberty to +dispose of it elsewhere.</p> + +<p>'For a permanent settlement of the dynamite question on one or the +other bases following, namely, that the <i>status quo</i> remain in force +till the end of the contract period, the Government making use of its +right to revise the prices under the terms of the agreement or that +the Dynamite Company reduce the price by 5s. to 70s. for No. 1 and to +90s. for blasting gelatine, the Government undertaking to take over +the works of the Dynamite Company at the end of the agreement at a +valuation as provided by the offer now before the Volksraad.</p> + +<p><a id="pg.359"></a>'For an extension of the franchise to all white aliens in this State, +in the following manner: That naturalization be granted to all +seeking it, who have resided in the State for two years and who are +of good behaviour and who have not suffered any dishonourable +sentence by any Court, upon taking the oath of allegiance as +prescribed by the existing law; upon such naturalization he shall be +entitled to elect a member to the Second Volksraad, and two years +after shall be entitled to be elected as a member of the Second +Volksraad. A period of seven years having elapsed after +naturalization, he shall by virtue of that lapse of time and without +further hindrance obtain full burgher rights, the Government, +however, reserve to themselves the right (in order to secure the +passing of such law through the Volksraad of this and that of the +session of 1900) to extend the period of naturalization for the right +of voting for the election of a President. Children of naturalized +aliens, who attain their majority when their father has obtained full +burgher rights, have <i>ipso facto</i> the same rights as the father. The +Government shall also have the right to attach a moderate property +qualification to the obtaining of these extended franchise rights. It +is understood that by the laws of the State, this extended franchise +can only finally be granted by the Volksraad in session 1900, after +the law has been submitted to the people for twelve months, but that +the period of 9 resp. 7 years shall date from the passing of the +resolution to be passed by the Volksraad now in session.</p> +</blockquote> + +<p>will be hailed by us with great satisfaction as removing all +obstacles to a friendly and peaceful development of mutual +understanding and co-operation; it is our wish, and in the interest +of those we represent, that the public in Europe and in South Africa +be made fully aware hereof by means of the press, and that hostile +agitation by means of the press here and elsewhere shall be avoided +in future.</p> + +<p>'We deprecate all attempts that may be made by political agencies to +stir up strife between the different nationalities inhabiting this +State, and shall not be parties to any such organizations.</p> + +<p>'Seeing the many evils springing from indiscriminate immigration of +coloured races, and having been assured that the Government will do +all in its power to facilitate in other ways the supply of labour, we +support the Government in its contention that the regulations +concerning the treatment of "coolies and other coloured races" had +best be left to them as a matter of internal concern.</p> + +<p>'We will support the placing of a State loan recommended by the +Financier in the European markets at reasonable rates, if the +Government should desire us to do so in the common interest.</p> + +<p>'Seeing the great value the Government evidently sets upon a friendly +and permanent settlement of the dynamite question, which has +contributed so much to disturbing the good relations, we declare +ourselves satisfied with the final settlement arrived at.</p> + +<p>'And should, after the passing of the above proposals of law as a +whole by the Volksraad, the Government desire us to give publicity to +this our declaration for the promotion of peace and goodwill, such +publicity as the Government may desire shall be given thereto.'</p> +</div> + +<p>While the negotiations were actually in progress, and while the +Imperial Government were awaiting a reply to their <a id="pg.360"></a>dispatch, the +President made two determined attempts to rush the confirmation of +the dynamite monopoly through the Raad. The first proposal was for +the fifteen years' extension, and the second provided for condonation +of all breaches of the concession in the past and for compensation +upon the expiry of the concession.</p> + +<p>The Uitlanders had not failed to perceive that the pit dug for them +might conceivably serve another purpose. They ignored these two +breaches of faith on the part of the President, and pursued the +negotiations; and Mr. Kruger overreached himself. Having failed with +Johannesburg, and having failed in the Raad, he appealed to his +burghers with the scheme of mock reform. His hope was to get such +support in the country that the Volksraad in its May session would +have to spare the monopoly. He did not realize that he would have to +make good the things which he had offered as shams. His greed had +given the opening: his hand had provided the weapon. It is not good +to be too clever; and the luck had turned.</p> + +<p>The publication of the correspondence between the Government and the +capitalists created a profound impression. The series of speeches +delivered by the President in support of his sham reforms only +deepened that impression by providing more and more convincing +evidence as to who the real intriguers and mischief-makers were. To +the Uitlander public one thing became quite clear, and that was that +it was the Government who wished to barter their rights away and the +capitalists—the abused capitalists—who refused to do so. An attempt +was immediately made to hold a large public meeting for the purpose +of endorsing the attitude taken by the negotiators, but the +Government refused permission to hold an open-air meeting. In their +attempt to hold a meeting indoors, the Uitlanders were defeated by +the building being condemned as unsafe. The Government yielded, +however, before the storm of disapproval which followed their +prohibition, and the State Secretary, Mr. Reitz, suggested that the +Uitlanders should hold a series of small indoor meetings in different +localities. The meetings were accordingly held, and they provided +unmistakable evidence of the gravity of the position. By their +numbers, <a id="pg.361"></a>their unanimity, their enthusiasm, and their moderation, +the Uitlanders carried conviction to some and roused the grave +apprehension of others. Among the latter, it is fair to infer, were +President Kruger and his sympathizers in the Free State and Cape +Colony.</p> + +<p>There is one disability the existence of which the advocates of the +Uitlander cause are always painfully conscious of. They know as well +as any of their critics that it is no picture which is all +black—that you get no perspective, no effects, without contrasts! +Yet it has not been believed that they were willing to acknowledge +the good that there was, and that a politic instinct no less than a +sense of justice prompted a diligent effort to discover and make much +of the genuinely hopeful signs. The monotony was none of their +making; it was in the nature of the facts, and not of the recital; +but monotony there was, and it was productive of one very bad result. +The conditions, admittedly bad, came to be regarded by a good many as +being only as bad as they had for a long time been known to be, +leaving little hope except through the long slow influence of time, +but causing no immediate anxiety or alarm. Someday a grubbing +historian may read the back files of South African newspapers and +marvel that such warnings should have passed unheeded, but the fact +is that the Transvaal Government and its sympathizers had become +indifferent to warnings followed by no results and accustomed to +prophecies unfulfilled. To say that they were 'fiddling while Rome +burned' is to a great extent true of those of the South African Dutch +who were sincerely desirous that the Transvaal Government should +reform its ways and who were not consciously aiding in the +republicanizing movement; but even of them it is not an adequate +description,—as the answers given to two questioners by the most +prominent and one of the most prominent Bondsmen indicate. Both of +them had in private conversation on different occasions acknowledged +the soundness of the Uitlander cause. To the suggestion, 'Then why +not say so publicly?' the less important of the two replied, 'People +would only say that I am climbing down and ratting on my party.' And +the more important of the two, answering a similar question, said, +'Yes, the Rev. S.J. Du Toit did that. He <a id="pg.362"></a>was the founder of the +Bond; and to-day he is—nothing! If I did it, I should fall as he +did.' 'Then,' said his British friend, 'what is influence worth if it +cannot be used for good? Can there be said to be influence when it +cannot be used at all?' 'No,' was the reply, 'I have no influence as +against the cry of race: blood is thicker than water; and I have no +influence at all with Kruger.' The answer to this contained the crux +of the question. 'Indeed you have; but you have not the courage to +exercise it. The influence of advice has failed, dare you try the +influence of repudiation?' The answer was a shake of the head and +'Blood is thicker than water.' That is it! The Piper pipes and the +children follow.</p> + +<p>It is too much to believe that the conference between the High +Commissioner and President Kruger was a suggestion to which the +latter had to be won over either by President Steyn or Mr. Hofmeyr. +It is, indeed, well-known that the idea of a meeting for the purpose +of discussing matters at issue between the two Governments had been +considered in Pretoria for some months before it actually took +place.<a href="#fn.51" class="fnmark">{51}</a></p> + +<p>The news that, upon the invitation of President Steyn, the High +Commissioner and President Kruger had agreed to meet at Bloemfontein, +was received by the Uitlanders with relief; not hope, because it was +believed that the President's object was to get something, not to +give something; but sheer relief, because, come what might, the +position could never again be the same as it was before the +conference. Something must change; someone must yield; the unbearable +strain must cease. Sir Alfred Milner—wise and just and +strong—commanded the entire confidence of the Uitlanders. It was not +hoped that he would succeed in effecting a settlement at such a +meeting, because in the circumstances such an achievement was +believed not to be humanly possible; but it was not feared that he +would fail in his duty to his country and to his trust.</p> + +<p>It is no part of the object of this volume to deal with the +<a id="pg.363"></a>negotiations which took place at Bloemfontein or with the terms of +settlement at the present moment under discussion; the object is to +recite the circumstances and conditions which made these negotiations +necessary, and which, if they fail, must lead to bloodshed.</p> + +<p>With a barrier of insurmountable race feeling before them, the +Uitlanders are hopeless of effecting a peaceful redress of their +grievances except by the aid of the Suzerain power. The President and +his party will not yield one iota except upon the advice of those who +have the will and the power to see that that advice is followed. Such +power rests in two quarters. It rests with the progressive Dutch of +South Africa. They have the power, but unfortunately they have not as +yet the will or they have not the courage to use it. Time after time +have they been stultified by rallying to the cry of race and +defending Mr. Kruger's attitude on certain points, only to find the +President abandoning as untenable the position which they have +proclaimed to be proper. To them have been addressed most earnest and +most solemn appeals to be up and doing whilst there was yet time. +From them have been extracted—in times of peace—the amplest +admissions of the justice of the Uitlander case. But there is a point +beyond which they will not go. They will not say to the President and +his party: 'We cannot extol in you what we would condemn in +ourselves. The claim of kindred cannot for ever be the stalking-horse +for injustice.' That they cannot do; and thus are they bonded to the +one who will raise the race cry without scruple. There is no more +hopeless feature for the peaceful settlement of the Transvaal +question from within than the unanimity which marks the public +utterances of those who are claimed as representing Afrikander +sentiment in the present crisis. Those expressions, ranging from the +most violent denunciations by politicians and ministers of the gospel +down to the most illogical and hysterical appeals of public writers, +all, all are directed against the injured. Not a warning, not a +hint—not a prayer even—addressed to the offender. They have not the +sense of justice to see or they have not the courage to denounce the +perpetrators of evil, but direct all their efforts to hushing the +complaints of the victims. Truly it would <a id="pg.364"></a>almost appear that there +is some guiding principle running through it all; something which +recognizes the real sinner in the victim who complains and not in +the villain who perpetrates; the something which found a concrete +expression when bail was fixed at Ł200 for the murder of a British +subject and at Ł1,000 for the crime of objecting to it.</p> + +<p>No civilized body of men ever had more just cause for complaint than +the Uitlanders of the Transvaal have, but they carry on their reform +movement under very difficult and discouraging conditions. Those who +have petitioned their Sovereign to secure for them some amelioration +of their lot are branded by the head of the State as rebels for so +doing, and his example is followed by all his party. Those men who +organized or addressed the public meetings which were suggested by +Mr. Reitz, the State Secretary, and held for the purpose of +discussing a proposal publicly made by the Government, are the men +whom Messrs. Dieperink and Viljoen, the members representing +Johannesburg in the First and Second Volksraads, denounced as +traitors who should be summarily dealt with by the Government. +British subjects associated with the Uitlander cause who venture to +call upon the British Agent in Pretoria or the High Commissioner in +Cape Town are regarded as conspirators and are watched by spies and +all their movements are reported to the Transvaal Government.<a href="#fn.52" class="fnmark">{52}</a> The +recognized leaders among the Uitlanders are black-listed in the Dutch +press, their names, addresses, and occupations given so that they may +be identified,—marked down in the newspapers supported by the +Government—as men to be dragged out and shot without trial. +Uitlander newspapers have been suppressed for mere political reasons, +without even the allegation that there was incitement to violence or +disorder, and it is therefore <a id="pg.365"></a>not unreasonable that the impunity +with which the Dutch newspapers continue this campaign month after +month should be taken as the measure of the Government's complicity.</p> + +<p>It is in these circumstances that appeal has been made to England, +the only other quarter in which there rests the power to see that +justice shall be done. It is an appeal which might well be based upon +the broad and acknowledged right of a subject to claim in case of +injustice the good offices of his own Government. But here it is +based upon a special right. It is the <i>spirit</i><a href="#fn.53" class="fnmark">{53}</a> of the Pretoria +Convention which the Uitlander has invoked for many years, only to be +told that the spirit is as it may be interpreted from the letter. But +it is not so! Will it be suggested that the British Government +contemplated such license when they granted the charter of +self-government to the Transvaal <a id="pg.366"></a>or that they would have granted +it had they foreseen the interpretation? Can it be said that Mr. +Kruger and his colleagues contemplated it or would have dared to avow +the intention if it were ever entertained? No! And he will be a +bolder man than Mr. Kruger who will dispute that answer; for the +President's own defence is, not that he had the intention or has the +right to differentiate between races and between classes; but—that +he does not differentiate. So that the issue is narrowed to this, +that it is merely a question of fact!</p> + +<p>But the appeal of British subjects in the Transvaal will claim a +hearing for other reasons too! Only the blindest can fail to realize +how much is at stake, materially and morally, or can fail to see what +is the real issue, and how the Mother Country stands on trial before +all her children, who are the Empire. Only those who do not count +will refuse to face the responsibility in all seriousness, or will +fail to receive in the best spirit the timely reminder of past +neglect. If the reproaching truth be a hard thing to hear, it is, for +those whose every impulse jumps towards championing the great Home +Land, a far, far harder thing to say. Unpleasant it may be, but not +without good, that England's record in South Africa—of subjects +abandoned and of rights ignored, of duty neglected and of pledge +unkept, of lost prestige and slipping Empire—should speak to quicken +a memory and rouse the native sense of right, so that a nation's +conscience will say 'Be just before you are generous! Be just to +all—even to your own!'</p> + +<h4>Footnotes for Chapter XI</h4> + +<p><span id="fn.49">{49}</span> It is stated that President Kruger, ever since the signing of +the London Convention on Majuba Day—February 27—1884, has believed +in certain lucky days, and has a kind of superstitious regard for +anniversaries. If that be so, the incidence of events has given him +something to ponder over during the last three years. Three notable +schemes conceived by himself and carefully designed to strengthen his +position, have by a curious coincidence matured upon dates of certain +interest in Transvaal history. All three have failed disastrously. +The first anniversary of the Reformers' sentence day was the occasion +of the Reformers giving evidence before the Industrial Commission, +which so strongly justified their case. The Peace Negotiations with +the Capitalists were opened by Mr. Lippert upon the anniversary of +Majuba. The Bloemfontein Conference was opened upon the Reformers' +emancipation day, the expiry of the three years' silence. That his +Honour really attaches importance to these things was shown when over +two hundred ministers representing the Dutch Reformed Church in the +Transvaal met in Pretoria to urge upon him the suppression of the +Illicit Liquor trade. In all innocence they had chosen May 24 on +which to present their address. Their astonishment was great when Mr. +Kruger, passing lightly by the liquor question, gave the assembled +pastors a thorough wigging for finding fault with his administration +at all, but chiefly for their unpatriotic conduct in selecting the +Queen's birthday of all days on which to expose internal differences +in their country.</p> + +<p><span id="fn.50">{50}</span> In addressing a meeting of burghers in Heidelburg three months +later the President showed to what lengths he was prepared to go in +defending the monopoly when in reply to a question he denied that any +such offer had been received '<i>by the Executive.'</i> The explanation, +which he did not give, is that the <i>Government, i.e.,</i> the President +and State Secretary, had received it—and withheld it from the +Executive!</p> + +<p><span id="fn.51">{51}</span> In March the writer made the suggestion to a representative of +the Pretoria Government in the hope of getting rid by a 'square talk' +of the many and ever-increasing differences, and was informed that +the idea had often been discussed and as often abandoned, because it +contained the objectionable feature of establishing a precedent for +England's interference in internal affairs.</p> + +<p><span id="fn.52">{52}</span> When on a visit to Cape Town in April, the writer called +several times upon the High Commissioner, and learning by private +advice that his movements were being reported in detail through the +Secret Service Department, he informed Sir Alfred Milner of the fact. +Sir Alfred admitted that the idea of secret agents in British +territory and spies round or in Government House was not pleasant, +but expressed the hope that such things should not deter those who +wished to call on him, as he was there as the representative of her +Majesty for the benefit of British subjects and very desirous of +ascertaining for himself the facts of the case.</p> + +<p><span id="fn.53">{53}</span> Since this was written, Mr. Chamberlain, speaking in the House +of Commons on July 28, 1899, has thus disposed of the question:—</p> + +<p>'It has been broken in the spirit more than it has been broken in the +letter. The whole spirit of the convention is the preservation of +equality as between all the white inhabitants of the Transvaal, and +the whole policy of the Transvaal has been to promote a position of +inferiority on the part of certain classes. There is something even +more striking than that. The conventions were, of course, the result +of a previous conference. At that conference definite promises were +made which made it impossible to doubt with what object the +convention was signed. On May 10, 1881, at a conference between +representatives of her Majesty and representatives of the Transvaal +the President, Sir Hercules Robinson, asked this question:—</p> + +<p>'"Before annexation had British subjects complete freedom of trade +throughout the Transvaal? Were they on the same footing as citizens +of the Transvaal?</p> + +<p>'"Mr. Kruger replied: They were on the same footing as the burghers. +There was not the slightest difference in accordance with the Sand +River Convention.</p> + +<p>'"Sir Hercules Robinson: I presume you will not object to that +continuing?</p> + +<p>'"Mr. Kruger: No. There will be equal protection for everybody.</p> + +<p>'"Sir Evelyn Wood: And equal privileges.</p> + +<p>'"Mr. Kruger: We make no difference so far as burgher rights are +concerned. There may, perhaps, be some slight difference in the case +of a young person who has just come into the country."</p> + +<p>(Cheers.) 'Now, there is a distinct promise given by the man who is +now President of the Transvaal State that, so far as burgher rights +were concerned, they made and would make no difference whatever +between burghers and those who came in. The root of the difficulty +which I have been describing lies in the fact that this promise has +not been kept.'</p> + +<h2><a id="pg.367"></a>APPENDICES.</h2> + +<div class="sectionheader"> +<a id="pg.369"></a> +<h3>APPENDIX A.</h3> + +<h3>PRETORIA CONVENTION.</h3> +</div> + +<p class="centered"> +CONVENTION FOR THE SETTLEMENT OF THE TRANSVAAL TERRITORY.</p> + +<div class="opener"> + <i>August, 1881.</i></div> + +<h4>PREAMBLE.</h4> + +<p>Her Majesty's Commissioners for the Settlement of the Transvaal +territory, duly appointed as such by a Commission passed under the +Royal Sign Manual and Signet, bearing date the 5th of April, 1881, do +hereby undertake and guarantee on behalf of Her Majesty that, from +and after the 8th day of August, 1881, complete self-government, +subject to the suzerainty of Her Majesty, her heirs and successors, +will be accorded to the inhabitants of the Transvaal territory, upon +the following terms and conditions, and subject to the following +reservations and limitations:—</p> + +<h4>ARTICLE I.</h4> + +<p>The said territory, to be hereinafter called the Transvaal State, +will embrace the land lying between the following boundaries, to wit: +[here follow three pages in print defining boundaries.]</p> + +<h4>ARTICLE II.</h4> + +<p>Her Majesty reserves to herself, her heirs and successors, (<i>a</i>) the +right from time to time to appoint a British Resident in and for the +said State, with such duties and functions as are hereinafter +defined; (<i>b</i>) the right to move troops through the said State in +time of war, or in case of the apprehension of immediate war between +the Suzerain Power and any Foreign State or Native tribe in South +Africa; and (<i>c</i>) the control of the external relations of the said +State, including the conclusion of treaties and the conduct of +diplomatic intercourse with Foreign Powers, such intercourse to be +carried on through Her Majesty's diplomatic and consular officers +abroad.</p> + +<h4>ARTICLE III.</h4> + +<p>Until altered by the Volksraad, or other competent authority, all +laws, whether passed before or after the annexation of the Transvaal +territory to Her Majesty's dominions, shall, except in so far as they +are inconsistent with or repugnant to the provisions of this +Convention, be and remain in force in the said State in so far as +they shall be applicable <a id="pg.370"></a>thereto, provided that no future +enactment especially affecting the interest of natives shall have +any force or effect in the said State, without the consent of Her +Majesty, her heirs and successors, first had and obtained and +signified to the Government of the said State through the British +Resident, provided further that in no case will the repeal or +amendment of any laws enacted since the annexation have a +retrospective effect, so as to invalidate any acts done or +liabilities incurred by virtue of such laws.</p> + +<h4>ARTICLE IV.</h4> + +<p>On the 8th day of August, 1881, the Government of the said State, +together with all rights and obligations thereto appertaining, and +all State property taken over at the time of annexation, save and +except munitions of war, will be handed over to Messrs. Stephanus +Johannes Paulus Kruger, Martinus Wessel Pretorius, and Petrus Jacobus +Joubert, or the survivor or survivors of them, who will forthwith +cause a Volksraad to be elected and convened, and the Volksraad, thus +elected and convened, will decide as to the further administration of +the Government of the said State.</p> + +<h4>ARTICLE V.</h4> + +<p>All sentences passed upon persons who may be convicted of offences +contrary to the rules of civilized warfare committed during the +recent hostilities will be duly carried out, and no alteration or +mitigation of such sentences will be made or allowed by the +Government of the Transvaal State without Her Majesty's consent +conveyed through the British Resident. In case there shall be any +prisoners in any of the gaols of the Transvaal State whose respective +sentences of imprisonment have been remitted in part by Her Majesty's +Administrator or other officer administering the Government, such +remission will be recognized and acted upon by the future Government +of the said State.</p> + +<h4>ARTICLE VI.</h4> + +<p>Her Majesty's Government will make due compensation for all losses or +damage sustained by reason of such acts as are in the 8th Article +hereinafter specified, which may have been committed by Her Majesty's +forces during the recent hostilities, except for such losses or +damage as may already have been compensated for, and the Government +of the Transvaal State will make due compensation for all losses or +damage sustained by reason of such acts as are in the 8th Article +hereinafter specified which may have been committed by the people who +were in arms against Her Majesty during the recent hostilities, +except for such losses or damages as may already have been +compensated for.</p> + +<h4>ARTICLE VII.</h4> + +<p>The decision of all claims for compensation, as in the last preceding +Article mentioned, will be referred to a Sub-Commission, consisting +of the Honourable George Hudson, the Honourable Jacobus Petrus de +Wet, and the Honourable John Gilbert Kotzé. In case one or more of +such Sub-Commissioners shall be unable or unwilling to act, the +remaining Sub-Commissioner or Sub-Commissioners will, after +consultation with the Government of the Transvaal State, submit for +the approval of Her Majesty's High Commissioners the names of one or +more persons to be appointed by them to fill the place or places thus +vacated. The decision of the said Sub-Commissioners, or of a majority +of them, will <a id="pg.371"></a>be final. The said Sub-Commissioners will enter upon +and perform their duties with all convenient speed. They will, before +taking evidence or ordering evidence to be taken in respect of any +claim, decide whether such claim can be entertained at all under the +rules laid down in the next succeeding Article. In regard to claims +which can be so entertained, the Sub-Commissioners will in the first +instance afford every facility for an amicable arrangement as to the +amount payable in respect of any claim, and only in cases in which +there is no reasonable ground for believing that an immediate +amicable arrangement can be arrived at will they take evidence or +order evidence to be taken. For the purpose of taking evidence and +reporting thereon, the Sub-Commissioners may appoint Deputies, who +will, without delay, submit records of the evidence and their reports +to the Sub-Commissioners. The Sub-Commissioners will arrange their +sittings and the sittings of their Deputies in such a manner as to +afford the earliest convenience to the parties concerned and their +witnesses. In no case will costs be allowed to either side other than +the actual and reasonable expenses of witnesses whose evidence is +certified by the Sub-Commissioners to have been necessary. Interest +will not run on the amount of any claim, except as is hereinafter +provided for. The said Sub-Commissioners will forthwith, after +deciding upon any claim, announce their decision to the Government +against which the award is made and to the claimant. The amount of +remuneration payable to the Sub-Commissioners and their Deputies will +be determined by the High Commissioners. After all the claims have +been decided upon, the British Government and the Government of +the Transvaal State will pay proportionate shares of the said +remuneration and of the expenses of the Sub-Commissioners and their +Deputies, according to the amount awarded against them respectively.</p> + +<h4>ARTICLE VIII.</h4> + +<p>For the purpose of distinguishing claims to be accepted from those to +be rejected, the Sub-Commissioners will be guided by the following +rules, viz.:—Compensation will be allowed for losses or damage +sustained by reason of the following acts committed during the recent +hostilities, viz.: <i>(a)</i> commandeering, seizure, confiscation, or +destruction of property, or damage done to property; <i>(b)</i> violence +done or threats used by persons in arms. In regard to acts under +<i>(a)</i>, compensation will be allowed for direct losses only. In regard +to acts falling under <i>(b)</i>, compensation will be allowed for actual +losses of property, or actual injury to the same proved to have been +caused by its enforced abandonment. No claims for indirect losses, +except such as are in this Article especially provided for, will be +entertained. No claims which have been handed in to the Secretary of +the Royal Commission after the 1st day of July, 1881, will be +entertained, unless the Sub-Commissioners shall be satisfied that +the delay was reasonable. When claims for loss of property are +considered, the Sub-Commissioners will require distinct proof of the +existence of the property, and that it neither has reverted nor will +revert to the claimant.</p> + +<h4>ARTICLE IX.</h4> + +<p>The Government of the Transvaal State will pay and satisfy the amount +of every claim awarded against it within one month after the +Sub-Commissioners shall have notified their decision to the said +Government, and in default of such payment the said Government will +<a id="pg.372"></a>pay interest at the rate of six per cent, per annum from the date of +such default; but Her Majesty's Government may at any time before +such payment pay the amount, with interest, if any, to the claimant +in satisfaction of his claim, and may add the sum thus paid to any +debt which may be due by the Transvaal State to Her Majesty's +Government, as hereinafter provided for.</p> + +<h4>ARTICLE X.</h4> + +<p>The Transvaal State will be liable for the balance of the debts for +which the South African Republic was liable at the date of +annexation, to wit, the sum of Ł48,000 in respect of the Cape +Commercial Bank Loan, and Ł85,667 in respect of the Railway Loan, +together with the amount due on 8th August, 1881, on account of the +Orphan Chamber Debt, which now stands at Ł22,200, which debts will be +a first charge upon the revenues of the State. The Transvaal State +will, moreover, be liable for the lawful expenditure lawfully +incurred for the necessary expenses of the Province since the +annexation, to wit, the sum of Ł265,000, which debt, together with +such debts as may be incurred by virtue of the 9th Article, will be a +second charge upon the revenues of the State.</p> + +<h4>ARTICLE XI.</h4> + +<p>The debts due as aforesaid by the Transvaal State to Her Majesty's +Government will bear interest at the rate of three and a half per +cent., and any portion of such debt which may remain unpaid at the +expiration of twelve months from the 8th August, 1881, shall be +repayable by a payment for interest and sinking fund of six pounds +and nine pence per cent, per annum, which will extinguish the debt in +twenty-live years. The said payment of six pounds and nine pence per +Ł100 shall be payable half yearly in British currency on the 8th +February and 8th August in each year. Provided always that the +Transvaal State shall pay in reduction of the said debt the sum of +Ł100,000 within twelve months of the 8th August, 1881, and shall be +at liberty at the close of any half-year to pay off the whole or any +portion of the outstanding debt.</p> + +<h4>ARTICLE XII.</h4> + +<p>All persons holding property in the said State on the 8th day of +August, 1881, will continue after the said date to enjoy the rights +of property which they have enjoyed since the annexation. No person +who has remained loyal to Her Majesty during the recent hostilities +shall suffer any molestation by reason of his loyalty, or be liable +to any criminal prosecution or civil action for any part taken in +connection with such hostilities, and all such persons will have full +liberty to reside in the country, with enjoyment of all civil rights, +and protection for their persons and property.</p> + +<h4>ARTICLE XIII.</h4> + +<p>Natives will be allowed to acquire land, but the grant or transfer of +such land will, in every case, be made to and registered in the name +of the Native Location Commission, hereinafter mentioned, in trust +for such natives.</p> + +<h4>ARTICLE XIV.</h4> + +<p>Natives will be allowed to move as freely within the country as may +be consistent with the requirements of public order, and to leave it +for the purpose of seeking employment elsewhere or for other lawful +<a id="pg.373"></a>purposes, subject always to the pass laws of the said State, as +amended by the Legislature of the Province, or as may hereafter be +enacted under the provisions of the Third Article of this Convention.</p> + +<h4>ARTICLE XV.</h4> + +<p>There will continue to be complete freedom of religion and protection +from molestation for all denominations, provided the same be not +inconsistent with morality and good order, and no disability shall +attach to any person in regard to rights of property by reason of the +religious opinions which he holds.</p> + +<h4>ARTICLE XVI.</h4> + +<p>The provisions of the Fourth Article of the Sand River Convention are +hereby reaffirmed, and no slavery or apprenticeship partaking of +slavery will be tolerated by the Government of the said State.</p> + +<h4>ARTICLE XVII.</h4> + +<p>The British Resident will receive from the Government of the +Transvaal State such assistance and support as can by law be given to +him for the due discharge of his functions; he will also receive +every assistance for the proper care and preservation of the graves +of such of Her Majesty's forces as have died in the Transvaal, and if +need be for the expropriation of land for the purpose.</p> + +<h4>ARTICLE XVIII.</h4> + +<p>The following will be the duties and functions of the British +Resident:</p> + +<p><i>Sub-section</i> 1.—He will perform duties and functions analogous to +those discharged by a Chargé d'Affaires and Consul-General.</p> + +<p><i>Sub-section</i> 2.—In regard to natives within the Transvaal State, he +will (<i>a</i>) report to the High Commissioner, as representative of the +Suzerain, as to the working and observance of the provisions of this +Convention; (<i>b</i>) report to the Transvaal authorities any cases of +ill-treatment of natives or attempts to incite natives to rebellion +that may come to his knowledge; (<i>c</i>) use his influence with the +natives in favour of law and order; and (<i>d</i>) generally perform such +other duties as are by this Convention entrusted to him, and take +such steps for the protection of the person and property of natives +as are consistent with the laws of the land.</p> + +<p><i>Sub-section</i> 3.—In regard to natives not residing in the Transvaal, + (<i>a</i>) he will report to the High Commissioner and the Transvaal +Government any encroachments reported to him as having been made by +Transvaal residents upon the land of such natives, and in case of +disagreement between the Transvaal Government and the British +Resident as to whether an encroachment had been made, the decision of +the Suzerain will be final (<i>b</i>) the British Resident will be the +medium of communication with native chiefs outside the Transvaal, +and, subject to the approval of the High Commissioner, as +representing the Suzerain, he will control the conclusion of treaties +with them; and (<i>c</i>) he will arbitrate upon every dispute between +Transvaal residents and natives outside the Transvaal (us to acts +committed beyond the boundaries of the Transvaal) which may be +referred to him by the parties interested.</p> + +<p><a id="pg.374"></a><i>Sub-section</i> 4.—In regard to communications with foreign Powers, +the Transvaal Government will correspond with Her Majesty's +Government through the British Resident and the High Commissioner.</p> + +<h4>ARTICLE XIX.</h4> + +<p>The Government of the Transvaal State will strictly adhere to the +boundaries defined in the First Article of this Convention, and will +do its utmost to prevent any of its inhabitants from making any +encroachment upon lands beyond the said State. The Royal Commission +will forthwith appoint a person who will beacon off the boundary line +between Ramatlabama and the point where such line first touches +Griqualand West boundary, midway between the Vaal and Hart rivers; +the person so appointed will be instructed to make an arrangement +between the owners of the farms Grootfontein and Valleifontein on the +one hand, and the Barolong authorities on the other, by which a fair +share of the water supply of the said farms shall be allowed to flow +undisturbed to the said Barolongs.</p> + +<h4>ARTICLE XX.</h4> + +<p>All grants or titles issued at any time by the Transvaal Government +in respect of land outside the boundary of Transvaal State, as +defined, Article I., shall be considered invalid and of no effect, +except in so far as any such grant or title relates to land that +falls within the boundary of the Transvaal State, and all persons +holding any such grant so considered invalid and of no effect will +receive from the Government of the Transvaal State such compensation +either in land or in money as the Volksraad shall determine. In all +cases in which any native chiefs or other authorities outside the +said boundaries have received any adequate consideration from the +Government of the former South African Republic for land excluded +from the Transvaal by the First Article of this Convention, or where +permanent improvements have been made on the land, the British +Resident will, subject to the approval of the High Commissioner, use +his influence to recover from the native authorities fair +compensation for the loss of the land thus excluded, and of the +permanent improvement thereon.</p> + +<h4>ARTICLE XXI.</h4> + +<p>Forthwith, after the taking effect of this Convention, a Native +Location Commission will be constituted, consisting of the President, +or in his absence the Vice-President of the State, or some one +deputed by him, the Resident, or some one deputed by him, and a third +person to be agreed upon by the President or the Vice-President, as +the case may be, and the Resident, and such Commission will be a +standing body for the performance of the duties hereinafter +mentioned.</p> + +<h4>ARTICLE XXII.</h4> + +<p>The Native Location Commission will reserve to the native tribes of +the State such locations as they may be fairly and equitably entitled +to, due regard being had to the actual occupation of such tribes. The +Native Location Commission will clearly define the boundaries of such +locations, and for that purpose will, in every instance, first of all +ascertain the wishes of the parties interested in such land. In case +land already granted in individual titles shall be required for the +purpose of any location, the owners will receive such compensation +<a id="pg.375"></a>either in other land or in money as the Volksraad shall determine. +After the boundaries of any location have been fixed, no fresh grant +of land within such location will be made, nor will the boundaries be +altered without the consent of the Location Commission. No fresh +grants of land will be made in the districts of Waterberg, +Zoutpansberg, and Lydenburg until the locations in the said districts +respectively shall have been defined by the said Commission.</p> + +<h4>ARTICLE XXIII.</h4> + +<p>If not released before the taking effect of this Convention, +Sikukuni, and those of his followers who have been imprisoned with +him, will be forthwith released, and the boundaries of his location +will be defined by the Native Location Commission in the manner +indicated in the last preceding Article.</p> + +<h4>ARTICLE XXIV.</h4> + +<p>The independence of the Swazies within the boundary line of +Swaziland, as indicated in the First Article of this Convention, will +be fully recognized.</p> + +<h4>ARTICLE XXV.</h4> + +<p>No other or higher duties will be imposed on the importation into the +Transvaal State of any article the produce or manufacture of the +dominions and possessions of Her Majesty, from whatever place +arriving, than are or may be payable on the like article the produce +or manufacture of any other country, nor will any prohibition be +maintained or imposed on the importation of any article the produce +or manufacture of the dominions and possessions of Her Majesty, which +shall not equally extend to the importation of the like articles +being the produce or manufacture of any other country.</p> + +<h4>ARTICLE XXVI.</h4> + +<p>All persons other than natives conforming themselves to the laws of +the Transvaal State (<i>a</i>) will have full liberty with their families +to enter, travel, or reside in any part of the Transvaal State; (<i>b</i>) +they will be entitled to hire or possess houses, manufactures, +warehouses, shops, and premises; (<i>c</i>) they may carry on their +commerce either in person or by any agents whom they may think to +employ; (<i>d</i>) they will not be subject in respect of their persons or +property, or in respect of their commerce or industry to any taxes, +whether general or local, other than those which are or may be +imposed upon Transvaal citizens.</p> + +<h4>ARTICLE XXVII.</h4> + +<p>All inhabitants of the Transvaal shall have free access to the Courts +of Justice for the protection and defence of their rights.</p> + +<h4>ARTICLE XXVIII.</h4> + +<p>All persons other than natives who established their domicile in the +Transvaal between the 12th day of April, 1877, and the date when this +Convention comes into effect, and who shall within twelve months +after such last-mentioned date have their names registered by the +British Resident, shall be exempt from all compulsory military +service whatever. The Resident shall notify such registration to the +Government of the Transvaal State.</p> + +<h4><a id="pg.376"></a>ARTICLE XXIX.</h4> + +<p>Provision shall hereafter be made by a separate instrument for the +mutual extradition of criminals, and also for the surrender of +deserters from Her Majesty's forces.</p> + +<h4>ARTICLE XXX.</h4> + +<p>All debts contracted since the annexation will be payable in the same +currency in which they may have been contracted; all uncancelled +postage and other revenue stamps issued by the Government since the +annexation will remain valid, and will be accepted at their present +value by the future Government of the State; all licenses duly issued +since the annexation will remain in force during the period for which +they may have been issued.</p> + +<h4>ARTICLE XXXI.</h4> + +<p>No grants of land which may have been made, and no transfer of +mortgage which may have been passed since the annexation, will be +invalidated by reason merely of their having been made or passed +since that date. All transfers to the British Secretary for Native +Affairs in trust for natives will remain in force, the Native +Location Commission taking the place of such Secretary for Native +Affairs.</p> + +<h4>ARTICLE XXXII.</h4> + +<p>This Convention will be ratified by a newly-elected Volksraad within +the period of three months after its execution, and in default of +such ratification this Convention shall be null and void.</p> + +<h4>ARTICLE XXXIII.</h4> + +<p>Forthwith, after the ratification of this Convention, as in the last +preceding Article mentioned, all British troops in Transvaal +territory will leave the same, and the mutual delivery of munitions +of war will be carried out. Articles end. Here will follow signatures +of Royal Commissioners, then the following to precede signatures of +triumvirate.</p> + +<p>We, the undersigned, Stephanus Johannes Paulus Kruger, Martinus +Wessel Pretorius, and Petrus Jacobus Joubert, as representatives of +the Transvaal Burghers, do hereby agree to all the above conditions, +reservations, and limitations under which self-government has been +restored to the inhabitants of the Transvaal territory, subject to +the suzerainty of Her Majesty, her heirs and successors, and we agree +to accept the Government of the said territory, with all rights and +obligations thereto appertaining, on the 8th day of August; and we +promise and undertake that this Convention shall be ratified by a +newly-elected Volksraad of the Transvaal State within three months +from this date.</p> + +<div class="sectionheader"> +<a id="pg.377"></a> +<h3>APPENDIX B.</h3> + +<h3>LONDON CONVENTION.</h3> +</div> + +<p class="centered"> +A CONVENTION BETWEEN HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF +GREAT BRITAIN AND IRELAND AND THE SOUTH AFRICAN REPUBLIC.</p> + +<div class="opener"> +<i>February, 1884.</i></div> + +<p>Whereas the Government of the Transvaal State, through its Delegates, +consisting of Stephanus Johannes Paulus Kruger, President of the said +State, Stephanus Jacobus Du Toit, Superintendent of Education, and +Nicholas Jacobus Smit, a member of the Volksraad, have represented +that the Convention signed at Pretoria on the 3rd day of August, +1881, and ratified by the Volksraad of the said State on the 25th +October, 1881, contains certain provisions which are inconvenient, +and imposes burdens and obligations from which the said State is +desirous to be relieved, and that the south-western boundaries fixed +by the said Convention should be amended, with a view to promote the +peace and good order of the said State, and of the countries adjacent +thereto; and whereas Her Majesty the Queen of the United Kingdom of +Great Britain and Ireland, has been pleased to take the said +representations into consideration: Now, therefore, Her Majesty has +been pleased to direct, and it is hereby declared, that the following +articles of a new Convention, signed on behalf of Her Majesty by Her +Majesty's High Commissioner in South Africa, the Right Honourable Sir +Hercules George Robert Robinson, Knight Grand Cross of the Most +Distinguished Order of St. Michael and St. George, Governor of the +Colony of the Cape of Good Hope, and on behalf of the Transvaal State +(which shall hereinafter be called the South African Republic) by the +above-named Delegates, Stephanus Johannes Paulus Kruger, Stephanus +Jacobus Du Toit, and Nicholas Jacobus Smit, shall, when ratified by +the Volksraad of the South African Republic, be substituted for the +articles embodied in the Convention of 3rd August, 1881; which +latter, pending such ratification, shall continue in full force and +effect.</p> + +<p class="centered"> +ARTICLES.</p> + +<h4>ARTICLE I.</h4> + +<p>The Territory of the South African Republic will embrace the land +lying between the following boundaries, to wit:</p> + +<p>Beginning from the point where the north-eastern boundary line of +Griqualand West meets the Vaal River, up the course of the Vaal River +<a id="pg.378"></a>to the point of junction with it of the Klip River; thence up the +course of the Klip River to the point of junction with it of the +stream called Gansvlei; thence up the Gansvlei stream to its source +in the Drakensberg; thence to a beacon in the boundary of Natal, +situated immediately opposite and close to the source of the Gansvlei +stream; thence in a north-easterly direction along the ridge of the +Drakensberg, dividing the waters flowing into the Gansvlei stream +from the waters flowing into the sources of the Buffalo, to a beacon +on a point where this mountain ceases to be a continuous chain; +thence to a beacon on a plain to the north-east of the last described +beacon; thence to the nearest source of a small stream called +'Division Stream'; thence down this division stream, which forms the +southern boundary of the farm Sandfontein, the property of Messrs. +Meek, to its junction with the Coldstream; thence down the Coldstream +to its junction with the Buffalo or Umzinyati River; thence down the +course of the Buffalo River to the junction with it of the Blood +River; thence up the course of the Blood River to the junction +with it of Lyn Spruit or Dudusi; thence up the Dudusi to its +source; thence 80 yards to Bea. I., situated on a spur of the +N'Qaba-Ka-hawana Mountains; thence 80 yards to the N'Sonto River; +thence down the N'Sonto River to its junction with the White Umvulozi +River; thence up the White Umvulozi River to a white rock where it +rises; thence 800 yards to Kambula Hill (Bea. II.); thence to the +source of the Pemvana River, where the road from Kambula Camp to +Burgers' Lager crosses; thence down the Pemvana River to its junction +with the Bivana River; thence down the Bivana River to its junction +with the Pongolo River; thence down the Pongolo River to where it +passes through the Libombo Range; thence along the summits of the +Libombo Range to the northern point of the N'Yawos Hill in that range +(Bea. XVI); thence to the northern peak of the Inkwakweni Hills +(Bea. XV.); thence to Sefunda, a rocky knoll detached from and to the +north-east end of the White Koppies, and to the south of the Musana +River (Bea. XIX.); thence to a point on the slope near the crest of +Matanjeni, which is the name given to the south-eastern portion +of the Mahamba Hills (Bea. XIII.); thence to the N'gwangwana, a +double-pointed hill (one point is bare, the other wooded, the beacon +being on the former) on the left bank of the Assegai River and +upstream of the Dadusa Spruit (Bea. XII.); thence to the southern +point of Bendita, a rocky knoll in a plain between the Little Hlozane +and Assegai Rivers (Bea. XI.); thence to the highest point of Suluka +Hill, round the eastern slopes of which flows the Little Hlozane, +also called Ludaka or Mudspruit (Bea. X.); thence to the beacon known +as 'Viljoen's,' or N'Duko Hill; thence to a point north-east of Derby +House, known as Magwazidili's Beacon; thence to the Igaba, a small +knoll on the Ungwempisi River, also called 'Joubert's Beacon,' and +known to the natives as 'Piet's Beacon' (Bea. IX.); thence to the +highest point of the N'Dhlovudwalili or Houtbosch, a hill on the +northern bank of the Umqwempisi River (Bea. VIII.); thence to a +beacon on the only flat-topped rock, about 10 feet high and about 30 +yards in circumference at its base, situated on the south side of the +Lamsamane range of hills, and overlooking the valley of the great +Usuto River; this rock being 45 yards north of the road from Camden +and Lake Banagher to the forests on the Usuto River (sometimes +called Sandhlanas Beacon) (Bea. VII.); thence to the Gulungwana +or Ibubulundi, four smooth bare hills, the highest in that +neighbourhood, situated to the south of the Umtuli River (Bea. VI.), +thence to a flat-topped rock, 8 feet high, on the crest of the +Busuku, a low rocky range south-west <a id="pg.379"></a>of the Impulazi River (Bea. +V.); thence to a low bare hill on the north-east of, and overlooking +the Impulazi River, to the south of it being a tributary of the +Impulazi, with a considerable waterfall, and the road from the river +passing 200 yards to the north-west of the beacon (Bea. IV.); thence +to the highest point of the Mapumula range, the water-shed of the +Little Usuto River on the north, and the Umpulazi River on the south, +the hill, the top of which is a bare rock, falling abruptly towards +the Little Usuto (Bea. III.); thence to the western point of a +double-pointed rocky hill, precipitous on all sides, called Makwana, +its top being a bare rock (Bea. II.); thence to the top of a rugged +hill of considerable height falling abruptly to the Komati River, +this hill being the northern extremity of the Isilotwani range, and +separated from the highest peak of the range Inkomokazi (a sharp +cone) by a deep neck (Bea. I.). (On a ridge in the straight line +between Beacons I. and II. is an intermediate beacon.) From Beacon I. +the boundary runs to a hill across the Komati River, and thence along +the crest of the range of hills known as the Makongwa, which runs +north-east and south-west, to Kamhlubana Peak; thence in a straight +line to Mananga, a point in the Libombo range, and thence to the +nearest point in the Portuguese frontier on the Libombo range; thence +along the summits of the Libombo range to the middle of the poort +where the Komati River passes through it, called the lowest Komati +Poort; thence in a north by easterly direction to Pokioens Kop, +situated on the north side of the Olifant's River, where it passes +through the ridges; thence about north-north-west to the nearest +point of Serra di Chicundo; and thence to the junction of the Pafori +River with the Limpopo or Crocodile River; thence up the course of +the Limpopo River to the point where the Marique River falls into it. +Thence up the course of the Marique River to 'Derde Poort,' where it +passes through a low range of hills, called Sikwane, a beacon (No. +10) being erected on the spur of said range near to, and westward of, +the banks of the river; thence, in a straight line, through this +beacon to a beacon (No. 9), erected on the top of the same range, +about 1,700 yards distant from beacon No. 10; thence, in a straight +line, to a beacon (No. 8) erected on the highest point of an isolated +hill, called Dikgagong, or 'Wildebeest Kop,' situated south-eastward +of, and about 3-1/3 miles distant from a high hill, called Moripe; +thence, in a straight line, to a beacon (No. 7) erected on the summit +of an isolated hill or 'koppie' forming the eastern extremity of the +range of hills called Moshweu, situated to the northward of, and +about two miles distant from, a large isolated hill called +Chukudu-Chochwa; thence, in a straight line, to a beacon (No. 6) +erected on the summit of a hill forming part of the same range, +Moshweu; thence, in a straight line, to a beacon (No. 5) erected on +the summit of a pointed hill in the same range; thence, in a straight +line, to a beacon (No. 4) erected on the summit of the western +extremity of the same range; thence, in a straight line, to a beacon +(No. 3) erected on the summit of the northern extremity of a low, +bushy hill, or 'koppie,' near to and eastward of the Notwane River; +thence, in a straight line, to the junction of the stream called +Metsi-Mashware with the Notwane River (No. 2); thence up the course +of the Notwane River to Sengoma, being the poort where the river +passes through the Dwarsberg range; thence, as described in the Award +given by Lieutenant-Governor Keate, dated October 17, 1871, by +Pitlanganyane (narrow place), Deboaganka or Schaapkuil, Sibatoul +(bare place), and Maclase, to Ramatlabama, a pool on a spruit north +of the Molopo River. From Ramatlabama the boundary shall run to the +summit of an isolated hill called Leganka; <a id="pg.380"></a>thence, in a straight +line, passing north-east of a Native Station, near 'Buurman's Drift,' +on the Molopo River, to that point on the road from Mosiega to the +old drift, where a road turns out through the Native Station to the +new drift below; thence to 'Buurman's Old Drift'; thence, in a +straight line, to a marked and isolated clump of trees near to and +north-west of the dwelling-house of C. Austin, a tenant on the farm +'Vleifontein,' No. 117; thence, in a straight line, to the +north-western corner beacon of the farm 'Mooimeisjesfontein,' No 30; +thence, along the western line of the said farm 'Mooimeisjesfontein,' +and in prolongation thereof, as far as the road leading from +'Ludik's Drift,' on the Molopo River, past the homestead of +'Mooimeisjesfontein,' towards the Salt Pans near Harts River; thence, +along the said road, crossing the direct road from Polfontein to +Sehuba, and until the direct road from Polfontein to Lotlakane or +Pietfontein is reached; thence, along the southern edge of the +last-named road towards Lotlakane, until the first garden ground of +that station is reached; thence, in a south-westerly direction, +skirting Lotlakane, so as to leave it and all its garden ground in +native territory, until the road from Lotlakane to Kunana is reached; +thence along the east side, and clear of that road towards Kunana, +until the garden grounds of that station are reached; thence, +skirting Kunana, so as to include it and all its garden ground, but +no more, in the Transvaal, until the road from Kunana to Mamusa is +reached; thence, along the eastern side and clear of the road towards +Mamusa, until a road turns out towards Taungs; thence, along the +eastern side and clear of the road towards Taungs, till the line of +the district known as 'Stellaland' is reached, about 11 miles from +Taungs; thence, along the line of the district Stellaland, to the +Harts River, about 24 miles below Mamusa; thence, across Harts River, +to the junction of the roads from Monthe and Phokwane; thence, along +the western side and clear of the nearest road towards 'Koppie +Enkel,' an isolated hill about 36 miles from Mamusa, and about 18 +miles north of Christiana, and to the summit of the said hill; +thence, in a straight line, to that point on the north-east boundary +of Griqualand West as beaconed by Mr. Surveyor Ford, where two farms, +registered as Nos. 72 and 75, do meet, about midway between the Vaal +and Harts Rivers, measured along the said boundary of Griqualand +West; thence to the first point where the north-east boundary of +Griqualand West meets the Vaal River.</p> + +<h4>ARTICLE II.</h4> + +<p>The Government of the South African Republic will strictly adhere to +the boundaries defined in the first Article of this Convention, and +will do its utmost to prevent any of its inhabitants from making any +encroachments upon lands beyond the said boundaries. The Government +of the South African Republic will appoint Commissioners upon the +eastern and western borders, whose duty it will be strictly to guard +against irregularities and all trespassing over the boundaries. Her +Majesty's Government will if necessary appoint Commissioners in the +native territories outside the eastern and western borders of the +South African Republic to maintain order and prevent encroachments.</p> + +<p>Her Majesty's Government and the Government of the South African +Republic will each appoint a person to proceed together to beacon off +the amended south-west boundary as described in Article I of this +Convention; and the President of the Orange Free State shall be +requested to appoint a referee to whom the said persons shall refer +any questions on which they may disagree respecting the +interpretation of <a id="pg.381"></a>the said Article, and the decision of such +referee thereon shall be final. The arrangement already made, under +the terms of Article 19 of the Convention of Pretoria, of the 3rd +August, 1881, between the owners of the farms Grootfontein and +Valleifontein on the one hand, and the Barolong authorities on the +other, by which a fair share of the water supply of the said farms +shall be allowed to flow undisturbed to the said Barolongs, shall +continue in force.</p> + +<h4>ARTICLE III.</h4> + +<p>If a British officer is appointed to reside at Pretoria or elsewhere +within the South African Republic to discharge functions analogous to +those of a Consular officer, he will receive the protection and +assistance of the Republic.</p> + +<h4>ARTICLE IV.</h4> + +<p>The South African Republic will conclude no treaty or engagement with +any State or nation other than the Orange Free State, nor with any +native tribe to the eastward or westward of the Republic, until the +same has been approved by Her Majesty the Queen.</p> + +<p>Such approval shall be considered to have been granted if Her +Majesty's Government shall not, within six months after receiving a +copy of such treaty (which shall be delivered to them immediately +upon its completion), have notified that the conclusion of such +treaty is in conflict with the interests of Great Britain or of any +of Her Majesty's possessions in South Africa.</p> + +<h4>ARTICLE V.</h4> + +<p>The South African Republic will be liable for any balance which may +still remain due of the debts for which it was liable at the date of +Annexation—to wit, the Cape Commercial Bank Loan, the Railway Loan, +and the Orphan Chamber Debt—which debts will be a first charge upon +the revenues of the Republic. The South African Republic will +moreover be liable to her Majesty's Government for Ł250,000, which +will be a second charge upon the revenues of the Republic.</p> + +<h4>ARTICLE VI.</h4> + +<p>The debt due as aforesaid by the South African Republic to Her +Majesty's Government will bear interest at the rate of three and a +half per cent, from the date of the ratification of this Convention, +and shall be repayable by a payment for interest and Sinking Fund of +six pounds and ninepence per Ł100 per annum, which will extinguish +the debt in twenty-five years. The said payment of six pounds and +ninepence per Ł100 shall be payable half-yearly in British currency +at the close of each half-year from the date of such ratification: +Provided always that the South African Republic shall be at liberty +at the close of any half-year to pay off the whole or any portion of +the outstanding debt.</p> + +<p>Interest at the rate of three and a half per cent, on the debt as +standing under the Convention of Pretoria shall as heretofore be paid +to the date of the ratification of this Convention.</p> + +<h4>ARTICLE VII.</h4> + +<p>All persons who held property in the Transvaal on the 8th day of +August 1881 and still hold the same, will continue to enjoy the +rights of property which they have enjoyed since the 12th April, +1877. No <a id="pg.382"></a>person who has remained loyal to Her Majesty during the +late hostilities shall suffer any molestation by reason of his +loyalty; or be liable to any criminal prosecution or civil action +for any part taken in connection with such hostilities; and all +such persons will have full liberty to reside in the country, with +enjoyment of all civil rights, and protection for their persons and +property.</p> + +<h4>ARTICLE VIII.</h4> + +<p>The South African Republic renews the declaration made in the Sand +River Convention, and in the Convention of Pretoria, that no slavery +or apprenticeship partaking of slavery will be tolerated by the +Government of the said Republic.</p> + +<h4>ARTICLE IX.</h4> + +<p>There will continue to be complete freedom of religion and protection +from molestation for all denominations, provided the same be not +inconsistent with morality and good order; and no disability shall +attach to any person in regard to rights of property by reason of the +religious opinions which he holds.</p> + +<h4>ARTICLE X.</h4> + +<p>The British Officer appointed to reside in the South African Republic +will receive every assistance from the Government of the said +Republic in making due provision for the proper care and preservation +of the graves of such of Her Majesty's Forces as have died in the +Transvaal; and, if need be, for the appropriation of land for the +purpose.</p> + +<h4>ARTICLE XI.</h4> + +<p>All grants or titles issued at any time by the Transvaal Government +in respect of land outside the boundary of the South African +Republic, as defined in Article I, shall be considered invalid and of +no effect, except in so far as any such grant or title relates to +land that falls within the boundary of the South African Republic; +and all persons holding any such grant so considered invalid and of +no effect will receive from the Government of the South African +Republic such compensation, either in land or in money, as the +Volksraad shall determine. In all cases in which any Native Chiefs or +other authorities outside the said boundaries have received any +adequate consideration from the Government of the South African +Republic for land excluded from the Transvaal by the first Article of +this Convention, or where permanent improvements have been made on +the land, the High Commissioner will recover from the native +authorities fair compensation for the loss of the land thus excluded, +or of the permanent improvements thereon.</p> + +<h4>ARTICLE XII.</h4> + +<p>The independence of the Swazis, within the boundary line of +Swaziland, as indicated in the first Article of this Convention, will +be fully recognized.</p> + +<h4>ARTICLE XIII.</h4> + +<p>Except in pursuance of any treaty or engagement made as provided in +Article 4 of this Convention, no other or higher duties shall be +imposed on the importation into the South African Republic of any +<a id="pg.383"></a>article coming from any part of Her Majesty's dominions than are or +may be imposed on the like article coming from any other place or +country; nor will any prohibition be maintained or imposed on the +importation into the South African Republic of any article coming +from any part of Her Majesty's dominions which shall not equally +extend to the like article coming from any other place or country. +And in like manner the same treatment shall be given to any article +coming to Great Britain from the South African Republic as to the +like article coming from any other place or country.</p> + +<p>These provisions do not preclude the consideration of special +arrangements as to import duties and commercial relations between the +South African Republic and any of Her Majesty's colonies or +possessions.</p> + +<h4>ARTICLE XIV.</h4> + +<p>All persons, other than natives, conforming themselves to the laws of +the South African Republic <i>(a)</i> will have full liberty, with their +families, to enter, travel, or reside in any part of the South +African Republic; <i>(b)</i> they will be entitled to hire or possess +houses, manufactories, warehouses, shops, and premises; <i>(c)</i> they +may carry on their commerce either in person or by any agents whom +they may think fit to employ; <i>(d)</i> they will not be subject, in +respect of their persons or property, or in respect of their commerce +or industry, to any taxes, whether general or local, other than those +which are or may be imposed upon citizens of the said Republic.</p> + +<h4>ARTICLE XV.</h4> + +<p>All persons, other than natives, who established their domicile in +the Transvaal between the 12th day of April, 1877, and the 8th +August, 1881, and who within twelve months after such last-mentioned +date have had their names registered by the British Resident, shall +be exempt from all compulsory military service whatever.</p> + +<h4>ARTICLE XVI.</h4> + +<p>Provision shall hereafter be made by a separate instrument for the +mutual extradition of criminals, and also for the surrender of +deserters from Her Majesty's Forces.</p> + +<h4>ARTICLE XVII.</h4> + +<p>All debts contracted between the 12th April, 1877, and the 8th +August, 1881, will be payable in the same currency in which they may +have been contracted.</p> + +<h4>ARTICLE XVIII.</h4> + +<p>No grants of land which may have been made, and no transfers or +mortgages which may have been passed between the 12th April, 1877, +and the 8th August, 1881, will be invalidated by reason merely of +their having been made or passed between such dates.</p> + +<p>All transfers to the British Secretary for Native Affairs in trust +for natives will remain in force, an officer of the South African +Republic taking the place of such Secretary for Native Affairs.</p> + +<h4>ARTICLE XIX.</h4> + +<p>The Government of the South African Republic will engage faithfully +to fulfil the assurances given, in accordance with the laws of the +<a id="pg.384"></a>South African Republic, to the natives at the Pretoria Pitso by the +Royal Commission in the presence of the Triumvirate and with their +entire assent, (1) as to the freedom of the natives to buy or +otherwise acquire land under certain conditions, (2) as to the +appointment of a commission to mark out native locations, (3) as to +the access of the natives to the courts of law, and (4) as to their +being allowed to move freely within the country, or to leave it for +any legal purpose, under a pass system.</p> + +<h4>ARTICLE XX.</h4> + +<p>This Convention will be ratified by a Volksraad of the South African +Republic within the period of six months after its execution, and in +default of such ratification this Convention shall be null and void.</p> + +<p>Signed in duplicate in London this 27th day of February, 1884.</p> + +<div class="closer"> + HERCULES ROBINSON.<br /> + S.J.P. KRUGER.<br /> + S.J. DU TOIT.<br /> + N.J. SMIT.</div> + +<div class="sectionheader"> +<a id="pg.385"></a> +<h3>APPENDIX C.</h3> + +<h3>PRESIDENT KRUGER'S AFFAIRS IN THE RAADS.</h3> +</div> + +<h4>1889.</h4> + +<p class="centered"> +PRESIDENT.</p> + +<p><i>July</i>.—His Honour accepts a loan of Ł7,000 from the State funds at +2-1/2 per cent. interest (current rate being about 6 per cent.).</p> + +<h4>1890.</h4> + +<p><i>July 4</i>.—The PRESIDENT said: Mr. Taljaard yesterday threw in my +teeth that I took advantage of my position to benefit my own +relations. I assure you that I have not done anything of the kind. +Unfortunately, one of my relatives who is a speculator has got a +concession, which I am in duty bound to carry out. But I am deeply +grieved that Mr. Taljaard said what he did say. In future, I can +assure you not a single member of my family shall receive a single +office. I will not even make one of them a constable. I have children +myself, but I have left them on the farm rather than put them in +office to draw money from the State.</p> + +<h4>1891.</h4> + +<p><i>May</i>.—In answer to a request that President Kruger would allow his +name to be used as patron of a ball in honour of Her Majesty's +birthday:</p> + +<div class="salutation">SIR,</div> + +<p>In reply to your favour of the 12th instant, requesting me to ask His +Honour the State President to consent to his name being used as a +patron of a ball to be given at Johannesburg on the 26th inst., I +have been instructed to inform you that His Honour considers a ball +as Baal's service, for which reason the Lord ordered Moses to kill +all offenders; and as it is therefore contrary to His Honour's +principles, His Honour cannot consent to the misuse of his name in +such connection.</p> + +<div class="closer"> + I have, etc.,<br /> + F. ELOFF,<br /> + <i>Pr. Secretary.</i></div> + +<h4>1892.</h4> + +<h5>FIRST RAAD.</h5> + +<p class="centered"> +PRESIDENT.</p> + +<p><i>May 24</i>.—It was resolved that a dam be constructed on the +President's farm 'Geduld' at a cost of Ł4,500, at the expense of the +Treasury.</p> + +<h5><a id="pg.386"></a>SECOND RAAD.</h5> + +<p>The Public Works Department report that the road across the +President's farm 'Geduld,' estimated to cost Ł1,500, had actually +cost Ł5,000. Mr. MEYER stated that this road was of absolutely no use +to anyone but the owner of the farm!</p> + +<h5>FIRST RAAD.</h5> + +<p><i>June 15</i>.—Letter from Mr. Mare, Deacon, on behalf of the United +Church, Pretoria, complaining that of the twelve erven given by +Government to the Church, they had been deprived of four, which had +been handed over to the President's Church, the Gerevoormede or +Dopper, and two of these had again been transferred to the President +himself.</p> + +<p><i>June 16</i>.—After a lengthy discussion it was resolved that the +President is entirely exonerated. The Raad further expressed its +disapproval of this conduct of a Christian Church, whose duty it +should be to foster Christian love, and set an example to the +burghers.</p> + +<h5>FIRST RAAD.</h5> + +<p><i>August 2</i>.—A memorial was read from Lichtenburg, praying for a +stringent investigation into the Report of the Estimates Committee of +1890, in which it was stated that of Ł140,000 spent on the Pretoria +streets, vouchers for Ł22,000 were missing. The Raad decided on the +President's stating that nothing was wrong with the accounts to send +the memorialists a copy of the resolution of last year.</p> + +<h4>1893.</h4> + +<p><i>July 17</i>.—The PRESIDENT said it was simply murdering the erection +of factories to say there should be no concessions. He denied that +factories could be erected without concessions. If the Raad wished to +throw out all concessions, well and good. That simply meant the +fostering of industries in other countries.</p> + +<p class="centered"> +STANDS SCANDAL.<a href="#fn.54" class="fnmark">{54}</a></p> + +<p><i>August 3</i>.—The PRESIDENT said that speculation, when fairly +conducted, was justifiable, and the Government had acted according to +the circumstances, and in the interests of the State. The Government +had no private interests in view, but thought the sale was quite +justifiable.</p> + +<p>The Minister of Mines was then attacked for granting stands to Raad +officials when higher offers had been made.</p> + +<h4>Footnote for Appendix C</h4> + +<p><span id="fn.54">{54}</span> By this name is known the series of transactions in which +Government land in Johannesburg was sold out of hand to certain +private individuals at a nominal figure, many thousands of pounds +below the then market value.</p> + +<div class="sectionheader"> +<a id="pg.387"></a> +<h3>APPENDIX D.</h3> + +<h3>VOLKSRAAD DEBATES.</h3> +</div> + +<p class="centered"> +<i>Extracts from the Published Reports.</i></p> + +<h4>1889.</h4> + +<p><i>May 8</i>.—On the application of the Sheba G. M. Co. for permission to +erect an aërial tram from the mine to the mill,</p> + +<p>Mr. GROBLAAR asked whether an aërial tram was a balloon or whether it +could fly through the air.</p> + +<p>The only objection that the Chairman had to urge against granting the +tram was that the Company had an English name, and that with so many +Dutch ones available.</p> + +<p>Mr. TALJAARD objected to the word 'participeeren' (participate) as +not being Dutch, and to him unintelligible: 'I can't believe the word +is Dutch; why have I never come across it in the Bible if it is?'</p> + +<p><i>June 18</i>.—On the application for a concession to treat tailings,</p> + +<p>Mr. TALJAARD wished to know if the words 'pyrites' and 'concentrates' +could not be translated into the Dutch language. He could not +understand what it meant. He had gone to night-school as long as he +had been in Pretoria, and even now he could not explain everything to +his burghers. He thought it a shame that big hills should be made on +ground under which there might be rich reefs, and which in future +might be required for a market or outspan. He would support the +recommendation on condition that the name of the quartz should be +translated into Dutch, as there might be more in this than some of +them imagined.</p> + +<p class="centered"> +REDUCTION OF IMPORT DUTIES ON EATABLES.</p> + +<p><i>June 20</i>.—Mr. WOLMARANS said the diggers simply did not want to buy +from the Boers; there was plenty of meat and bread in the land, and +the Boers could not get good prices for their cattle.</p> + +<p>Mr. VAN HEERDEN could not see how the inhabitants of the State would +benefit in the least by lowering the tariff.</p> + +<p>Messrs. LOMBAARD and WOLMARANS both declared that when duties were at +their highest groceries etc. were at their cheapest.</p> + +<p>Mr. TALJAARD thought that members who were in favour of lowering the +tariff did not act for the benefit of the country.</p> + +<h4><a id="pg.388"></a>1890.</h4> + +<p><i>May 29</i>.—A discussion of considerable length took place on a +petition from burghers of Gatsrand, Potchefstroom district, praying +that at least two-thirds of the Government money now lying idle in +the banks should be given out to agriculturists as loans, and the +remainder for other purposes.</p> + +<p><i>July 2</i>.—His Honour was asked why he did not suppress all +sweepstakes and races.</p> + +<p>The PRESIDENT said gambling and lotteries were in conflict with the +Word of God, but it was also the duty of man to have exercise and to +exercise his horses. For that reason an exception had been made in +the Bill as to horse-races, etc.</p> + +<p class="centered"> +INCREASE OF OFFICIALS' SALARIES.</p> + +<p><i>July 7</i>.—The PRESIDENT supported the increase. He promised the +Raad—and he had done this before—that whenever there was a falling +off in the revenue, he would at once reduce the salaries. He had said +this before, and if members did not believe him let them call him a +liar at once.</p> + +<h4>1891.</h4> + +<h5>SECOND RAAD.</h5> + +<p><i>June 5</i>.—Mr. ESSELEN objected to minutes not being full enough.</p> + +<p>Mr. TALJAARD accused Mr. Esselen of insulting the Raad.</p> + +<p>A discussion ensued on minutes, in which certain proposals which had +been rejected had not been incorporated. Several members said that +the incorporation of proposals that had been rejected would entail +some members being held up to the scorn of the public.</p> + +<p class="centered">ESTIMATES.</p> + +<p><i>June 24</i>.—Two hundred vouchers were found to be missing from the +yearly accounts, and no explanation could be given. Also Ł13,000 had +been given on loan to the Boeren Winkel (Boer General Store—a +private mercantile venture).</p> + +<p><i>July 27</i>.—Mr. MARE maintained that the Public Works were badly +administered.</p> + +<p>The PRESIDENT dashed down the papers in front of him and stalked out +of the Raad, after emphatically denying that money had been wasted.</p> + +<p><i>July 27</i>.—At the debate on the question of appointing a State +financier, who could among other things be held responsible for the +disappearance of vouchers, the Auditor-General said that he did not +want an official of that nature, who would be always snivelling about +his books.</p> + +<p class="centered">CLAUSE TWENTY-THREE OF THE GOLD LAW.</p> + +<p><i>August 5</i>.—The PRESIDENT said that owners of properties had quite +sufficient privileges already, and he did not want to give them more.</p> + +<p>Mr. LOMBAARD said the Gold Fields wanted too much. The revenue from +the Gold Fields was already less than the expenditure. He was of +opinion that the best course would be to let the Gold Fields go to +the devil and look after themselves.</p> + +<h4><a id="pg.389"></a>1892</h4> + +<h5>SECOND RAAD.</h5> + +<p><i>May 6.</i>—Protracted discussion arose on the Postal Report, the +Conservatives being opposed to erecting pillar-boxes in Pretoria on +the ground that they were extravagant and effeminate.</p> + +<p>OOM DYLE (Mr. TALJAARD) said that he could not see why people wanted +to be always writing letters. He wrote none himself. In the days of +his youth he had written a letter, and had not been afraid to travel +fifty miles and more on horseback and by wagon to post it; and now +people complained if they had to go one mile.</p> + +<h5>FIRST RAAD.</h5> + +<p><i>May 21</i>.—On the question of abolishing the post of Minute-Keeper to +the Executive the President fell into a passion with Mr. Loveday who +thought a Minute-Keeper unnecessary, and left the Raad in a temper.</p> + +<p><i>June 13</i>.—The PRESIDENT said the reason why he did not subsidize +some papers by giving them advertisements was that they did not +defend the Government. It was the rule everywhere to give +advertisements to papers which supported the Government.</p> + +<p class="centered">PRESIDENT AND GENERAL.</p> + +<p><i>July 21</i>.—General JOUBERT tenders his resignation as Chairman of +the Chicago Exhibition Committee. He had written again and again to +the President and State Secretary for an intimation of the +Government's intention with regard to the amount on the Estimates, +but his communications were treated with silent contempt.</p> + +<p>The PRESIDENT made a long speech, in which he said he felt great +grief at being thus falsely charged by the General, who was also a +member of the Executive. Still he would only bless those who +spitefully used him and would not blacken the General.</p> + +<h5>SECOND RAAD.</h5> + +<p><i>July 21</i>.—After the resolution had been taken on Mr. Van Niekerk's +proposition regarding compensation for claims not yet worked out +(Clause 60 of Gold Law), the PRESIDENT was still speaking, and +objecting to the recording of Van Niekerk's objection to the passing +of the Gold Law Clause Amendment, when Mr. ESSELEN called 'Order, +Order!' several times.</p> + +<p>The PRESIDENT said he was insulted by Mr. Esselen and would withdraw +unless he apologized.</p> + +<p>The Raad adjourned, as Mr. Esselen refused.</p> + +<h5>FIRST RAAD.</h5> + +<p class="centered">LOCUST EXTERMINATION.</p> + +<p><i>July 21</i>.—Mr. Roos said locusts were a plague, as in the days of +King Pharaoh, sent by God, and the country would assuredly be loaded +with shame and obloquy if it tried to raise its hand against the +mighty hand of the Almighty.</p> + +<p>Messrs. DECLERQ and STEENKAMP spoke in the same strain, quoting +largely from the Scriptures.</p> + +<p><a id="pg.390"></a>The CHAIRMAN related a true story of a man whose farm was always +spared by the locusts, until one day he caused some to be killed. His +farm was then devastated.</p> + +<p>Mr. STOOP conjured the members not to constitute themselves +terrestrial gods and oppose the Almighty.</p> + +<p>Mr. LUCAS MEYER raised a storm by ridiculing the arguments of the +former speakers, and comparing the locusts to beasts of prey which +they destroyed.</p> + +<p>Mr. LABUSCHAGNE was violent. He said the locusts were quite different +from beasts of prey. They were a special plague sent by God for their +sinfulness.</p> + +<p><i>July 26</i>.—Mr. DE BEER attacking the railways said they were already +beginning to eat the bitter fruits of them. He was thinking of +trekking to Damaraland, and his children would trek still further +into the wilderness out of the reach of the iron horse.</p> + +<p><i>August 16</i>.—Mr. DE BEER said he saw where all the opposition to +duties came from. It was English blood boiling to protect English +manufacture.</p> + +<h4>1893.</h4> + +<p><i>June 21</i>.—A memorial was read from certain burghers of Waterberg +about children beating their parents, and praying that such children +should not be allowed to become officials of the State or sit in +Volksraad!</p> + +<p>Mr. DE BEER—the Member for Waterberg—who in the days of his hot +youth is said to have given his father a sound thrashing, and is the +one aimed at by the memorialists, denied all knowledge of the +memorial.</p> + +<p class="centered">CHARLESTOWN EXTENSION.</p> + +<p><i>August 24</i>.—Mr. WOLMARANS opposed the line, as it would compete +with the Delagoa Bay Railway, for which the State was responsible.</p> + +<p>Mr. LE CLERQ maintained that the Cape Free State line was against the +interests of the burghers, as a tremendous number of cattle were +brought into the State from outside countries.</p> + +<p>Mr. MALAN said he would never vote for this line.</p> + +<p>Mr. ROOS referred to the sacred voice of the people, which he said +was against railways.</p> + +<p>The extension was eventually approved of.</p> + +<h4>1894.</h4> + +<h5>FIRST RAAD.</h5> + +<p><i>May 14</i>.—A debate took place upon the clause that members should +appear in the House clad in broadcloth and having white neckties.</p> + +<p>Mr. JAN DE BEER complained of the lack of uniformity in neckties. +Some wore a Tom Thumb variety, and others wore scarves. This was a +state of things to be deplored, and he considered that the Raad +should put its foot down and define the size and shape of neckties.</p> + +<p class="centered">JAM CONCESSION.</p> + +<p><i>August 28</i>.—The PRESIDENT said he was against concessions generally +speaking, but there were cases where exceptions should be made. There +was for instance the Jam Concession. The manufacture of jam ought to +be protected.</p> + +<p class="centered"><a id="pg.391"></a> +REDUCTION OF POSTAGE FROM TWOPENCE TO ONE PENNY THROUGHOUT THE +REPUBLIC.</p> + +<p><i>August 22</i>.—Mr. WOLMARANS opposed the reduction, saying the Postal +Department would probably show a deficit at the end of the year. And +besides who would benefit? Certainly not the farmers.</p> + +<p>Mr. LOMBAARD also was against the reduction.</p> + +<p>Mr. DE LA REY said speculators could afford to pay the present rates +of postage, and as the reduction would only benefit the townspeople, +let matters remain unaltered. If he resided in a town and speculated +he would be able to pay twopence.</p> + +<p>Mr. SCHUTTE said the Postal Department was run at a loss at present, +and if they further reduced the tariff things would go very badly +with them.</p> + +<p>Reduction rejected, 13 to 9.</p> + +<p class="centered"> +INCREASE OF REPRESENTATION.</p> + +<p><i>September 6</i>.—The PRESIDENT throughout the debate maintained that +there was no advantage to be gained by increased representation, and +that business could be more quickly transacted with a small number of +members. He disagreed with those members who wished to give big towns +representatives as the Raad would be swamped with town members.</p> + +<p>After the rejection of various proposals the PRESIDENT rose and +pointed out it would mean ruination to the country if the Raad +resolved to increase the number of the members, and amidst some +confusion he left, declining to occupy the Presidential chair, +muttering that the Raad was large enough already and if it were +increased it would be a shame.</p> + +<p class="centered"> +EDUCATION QUESTION.</p> + +<p><i>September 7</i>.—The Committee reported that a number of memorials had +been received, praying that more hours weekly should be devoted to +the English language. Counter memorials had also been received. The +Committee advised the Raad not to grant the request of more hours for +English.</p> + +<p>Mr. LOMBAARD thought the Raad was bound to refuse the request, and it +would be useless to discuss the matter.</p> + +<p>Mr. DE BEER could see no harm in granting the request, in fact it was +their duty to do so.</p> + +<p>Mr. SPIES considered there was no necessity to teach English in the +State. Trade did not require it, and they could get on very well +without English. Let the English remain in their own country.</p> + +<p>The PRESIDENT was opposed to extending the hours. He did not object +to English being taught, but then it must not interfere with the +language of the country to the prejudice of the latter language. He +had schools upon his farm, and parents objected to their children +being taught English in those schools. After a very little while they +could write English as well as or better than their own language, and +neglected Dutch for English. <i>The Dutch language could not be +maintained against English in competition.</i></p> + +<p>Mr. WOLMARANS also spoke against the English language saying that if +they went through the list of those who had signed the memorial for +the annexation of the Transvaal by the English, they would find +without exception that those who signed were English-speaking. +<a id="pg.392"></a>He was against children being taught English so early, as when they +were taught young their minds became poisoned with English views.</p> + +<p>Mr. OTTO agreed with the spirit of the Committee's report. This was a +Dutch country, with Dutch laws, and why should they be asked to +exchange the Dutch language for the English? What had the English +done for the country that this should be asked?</p> + +<p>The CHAIRMAN thought many members made too much of the English +language already. One language was sufficient, and if a man was +properly educated in his own tongue that should suffice.</p> + +<p>Mr. LE CLERQ and Mr. PRINSLOO both cautioned the Raad against foreign +languages in their schools.</p> + +<p>Mr. LOVEDAY pointed out the absurdity of saying that the National +Independence depended upon one language only being used, and pointed +to the American and Swiss Republics as examples.</p> + +<p>Mr. LOMBAARD in the course of a violent speech said those people who +wanted English taught in the State-aided schools were aiming at the +independence of the State. They wanted to bring dissension in the +midst of the burghers by teaching new and wrong ideas, and they +became indignant because the burghers would not allow it. He was +ashamed that members should argue in favour of injuring their +independence: English should not be taught in the State-aided +schools.</p> + +<p>The law remained unaltered by 12 to 10.</p> + +<h4>1895.</h4> + +<p><i>July 26</i>.—The matter of purchasing diamond drills cropping up, the +PRESIDENT said it was true that the two industries mining and +agriculture went hand in hand, but it must be remembered that every +fresh goldfield opened meant a fresh stream of people and extra +expenses. He hoped the Raad would excuse him referring to it, but the +Raad took away the revenue and still asked for money. There was the +reduction of postage; now it was asked to spend money on boring +machines, when each new field meant so much extra expense. Machines +for water boring were cheap and not fitted with diamonds like those +for mining, which required to be handled by experts. It must be +remembered that money voted for agricultural purposes was spent here, +while for the gold industry it was sent away. The Raad must be +careful how the money was voted.</p> + +<h5>FIRST RAAD.</h5> + +<p class="centered"> +FIRING AT THE CLOUDS TO BRING DOWN RAIN CONSIDERED IMPIOUS.</p> + +<p><i>August 5</i>.—A memorial was read from Krugersdorp praying that the +Raad would pass a law to prohibit the sending up of bombs into the +clouds to bring down rain, as it was a defiance of God and would most +likely bring down a visitation from the Almighty.</p> + +<p>The Memorial Committee reported that they disapproved of such a +thing, but at the same time they did not consider they could make a +law on the subject.</p> + +<p>Mr. A.D. WOLMARANS said he was astonished at this advice, and he +expected better from the Commission. If one of their children fired +towards the clouds with a revolver they would thrash him. Why should +they permit people to mock at the Almighty in this <a id="pg.393"></a>manner? It was +terrible to contemplate. He hoped that the Raad would take steps to +prevent such things happening.</p> + +<p>The CHAIRMAN (who is also a member of the Memorial Commission) said +the Commission thought that such things were only done for a wager.</p> + +<p>Mr. ERASMUS said they were not done for a wager but in real earnest. +People at Johannesburg actually thought that they could bring down +the rain from the clouds by firing cannons at them.</p> + +<p>Mr. JAN MEYER said such things were actually done in Johannesburg. +Last year during the drought men were engaged to send charges of +dynamite into the clouds. They fired from the Wanderers' Ground and +from elsewhere, but without result. Then some one went to Germiston +and fired at a passing cloud; but there was no rain. The cloud sailed +away, and the heavens became clear and beautifully blue. He had +reported the matter to the Government.</p> + +<p>Mr. DU TOIT (Carolina) said he had heard that there were companies in +Europe which employed numbers of men to do nothing but shoot at the +clouds simply to bring down rain. It was wonderful that men could +think of doing such things; they ought to be prohibited here. He did +not consider that the Raad would be justified in passing a law on the +subject, however; but he thought all the same that they should +express their strongest disapproval of such practices.</p> + +<p>Mr. BIRKENSTOCK ridiculed the idea of people forcing rain from the +clouds. In some of the Kaffir countries they had witch-doctors who +tried to bring down rain; whether they succeeded or not was a +different matter. Still, if people were foolish enough to try and +force the clouds to discharge rain, the Legislature ought not to +interfere to prevent them. He did not agree with the idea of firing +at the clouds, but did not consider that an Act should be passed to +prevent it.</p> + +<p>The CHAIRMAN said if such things were actually done—and he was +unaware of it—those who did it ought to be prevented from repeating +it.</p> + +<p>After a further discussion, Mr. A.D. WOLMARANS moved: 'That this +Raad, considering the memorial now on the Order, resolves to agree +with the same, and instructs the Government to take the necessary +steps to prevent a repetition of the occurrences referred to.'</p> + +<h5>SECOND RAAD.</h5> + +<p class="centered">BARMAIDS.</p> + +<p>The article for the abolition of barmaids was dealt with.</p> + +<p>Mr. WATKINS declared himself strongly against such an article. He +could not see why females should be prevented from dispensing liquor. +Such a clause would prevent many respectable young women from making +a living.</p> + +<p>Mr. PRETORIUS said there were many memorials on this subject, and in +compliance with the wish expressed therein the article was inserted +in the Liquor Law. Of course, it was for the Raad to decide.</p> + +<p>Mr. RENSBURG spoke strongly against the clause. According to it the +proprietor's wife would be prevented from going behind the counter. +He would not deny that there were some barmaids who were not strictly +virtuous, but to accuse them as a class of being <a id="pg.394"></a>dangerous was +going too far. Many of the memorials were signed by women. These +memorials were drawn by men whom he considered were hypocrites, and +they ought to be ashamed of themselves for their narrow-mindedness.</p> + +<p>Mr. VAN STADEN said he did not like to take the bread out of the +mouths of a great many women.</p> + +<p>Mr. KOENIG suggested that they could become chambermaids.</p> + +<div class="sectionheader"> +<a id="pg.395"></a> +<h3>APPENDIX E.</h3> + +<h3>MALABOCH.</h3> +</div> + +<p><i>September 4</i>.—An Executive resolution was read, stating that the +Executive had decided to deprive Malaboch of his rights of +chieftainship, and keep him in the custody of the Government, and +that his tribe be broken up and apprenticed out to burghers, each +burgher applying to have one or two families upon payment of Ł3 per +family per annum. The Executive wished the Raad to approve of this; +the Government had the right to do this according to law. This was +without prejudice to the trial before the High Court. Perhaps when +the Krijgsraad assembled it would be decided to try him before the +High Court on charges of murder and rebellion.</p> + +<p>Mr. JEPPE thought this was a matter for the High Court, and +counselled the Raad to adopt that course, giving the chief a public +trial.</p> + +<p>The PRESIDENT said the Executive acted strictly in accordance with +the law; it was not necessary for the Government to send the case to +the High Court, as it had the power to decide native cases. For +instance, in the case of Lo Bengula and his headmen, they were not +tried by any High Court.</p> + +<p>Mr. MEYER thought they should give Malaboch a fair trial.</p> + +<p>Finally Mr. MEYER moved, and Mr. JEPPE seconded, that Executive +resolution be accepted for notice.</p> + +<div class="sectionheader"> +<a id="pg.396"></a> +<h3>APPENDIX F.</h3> + +<h3>THE GREAT FRANCHISE DEBATE.</h3> +</div> + +<p>The following extract is made from the Report of the great Franchise +Debate, published in the Johannesburg <i>Star</i>, August 17, 1895:</p> + +<p>EXTENSION OF THE FRANCHISE.—MONSTER UITLANDER PETITIONS.—WHAT THE +BURGHERS WISH.</p> + +<p>Petitions were read praying for the extension of the franchise. The +petitioners pointed out that they were all residents in the Republic, +that the increase of the wealth of the country and the status of the +country were due to their energy and wealth, that the number of the +non-enfranchised far exceeded the number of the burghers, that +taxation was so arranged that the non-enfranchised bore four-fifths +of the taxes. The memorialists pointed out that one of the Republican +principles was equality, but that notwithstanding the numerously +signed memorials the Raad decided last year to make the Franchise Law +so stringent that a new-comer could never obtain the franchise, and +his children could only obtain it under severe conditions. They +pointed out the danger of this, and prayed for admission under +reasonable conditions.</p> + +<p>The petitions came from every part of the country, including all the +Boer strongholds, and some were signed by influential officials. One +petition from Johannesburg was signed by 32,479 persons, and the +total signatures amounted to 35,483.</p> + +<p>Memorials to the same effect were read from a large number of farming +districts, signed by 993 full burghers, who were anxious that the +franchise should be extended to law-abiding citizens. These memorials +contained the names of prominent farmers. There were nineteen of +these last-named memorials, four of which came from different parts +of the Pretoria district and three from Potchefstroom.</p> + +<p>A memorial was read from Lydenburg, suggesting that ten years' +residence in the country and obedience to the law be the +qualification. This was signed by about a hundred burghers.</p> + +<p>A number of memorials were read from Rustenberg, Waterberg, Piet +Retief, Utrecht, Middelberg, Zoutpansberg, and Krugersdorp, signed by +about 500 burghers, stating that while they valued the friendship of +the peace-abiding Uitlanders they petitioned the Raad not to extend +the franchise or alter last year's law.</p> + +<p>A memorial from Krugersdorp was to the effect that the franchise +should not be extended until absolutely necessary, and then only in +<a id="pg.397"></a>terms of Art. 4 of the Franchise Law of 1894. This was signed by +thirteen persons.</p> + +<p>One was read from the Apies River and Standerton, praying that the +children of Uitlanders born here should not be granted the franchise.</p> + +<p>Memorials from other places, with 523 signatures, prayed that the +existing Franchise Law should be strictly enforced.</p> + +<p>Several petitions against the prohibition of the Election Committee +were read.</p> + +<p>A further memorial from the Rand was read, containing 5,152 +signatures, pointing out that they objected to the memorial issued by +the National Union, and they wanted the system of one-man-one-vote +and the ballot system adopted before they asked for the franchise.</p> + +<p class="centered"> +THE COMMITTEE'S RECOMMENDATIONS.</p> + +<p>The Memorial Committee recommended that the law remain unaltered, +because the memorials signed by full burghers requested no extension +to take place.</p> + +<p>Mr. LUCAS MEYER, who was chairman of the Memorial Commission, +submitted a report, stating that he was in the minority and differed +from his fellow-committeemen. There was not a single member of the +Raad who would use his powers more towards maintaining the +independence of the country than himself, but he was fully convinced +that the Raad had as bounden duty to propose an alteration to last +year's law. Proposals to do so had to emanate from the Raad. A large +majority of memorialists who prayed for the extension were not +burghers, but even those burghers who petitioned the Raad against the +extension asked the Raad not to do so at present. That showed that +they were convinced that sooner or later the extension would have to +take place—cautiously perhaps, but the extension would come. Even +the committee, the majority of whom were against him, recognised +this. He repeated that it was his opinion that the time would come. +Let the Raad then submit the proposal to the country, and if the +majority of the burghers were against it, the Raad would have to +stand or fall with the burghers; but at any rate they would be acting +according to the will of the country, and could not be blamed for +possible consequences. Recently the President said something had to +be done to admit a portion of the people who were behind the dam, +before the stream became so strong that the walls would be washed +away and the country immersed in water. He hoped the Raad would +favourably consider his proposal.</p> + +<p>Mr. TOSEN said that when the proposals came to extend the franchise, +such proposals had to come from old burghers, and so far the old +burghers had not signified their willingness that this should be +done. On the contrary, a large number of them were against it. They +did not wish to exclude the new-comers for all eternity, but just now +they should make no concession. It stood to reason that the +new-comers could not have so much interest in the country as the old +inhabitants. He cautioned the Raad against accepting the +recommendations of Mr. Meyer. <i>It would be contrary to Republican +principles</i>. Yes, he repeated it would be contrary to the principles +of Republicanism, and were newcomers admitted to the franchise the +old burghers would be deprived of all their rights. They would not +dare to vote or exercise any of their privileges. Those persons who +signed the petition for the franchise said they were peaceful and +law-abiding citizens, <i>but they gave a sign that they were not +law-abiding, because they were against the law. The Election Law was +there, and they should abide by it.</i></p> + +<p><a id="pg.398"></a>The CHAIRMAN called the speaker to order and advised him to keep to +the point, whether it was desirable to extend the franchise or not.</p> + +<p>Mr. TOSEN said he was cut short, but in a few words he would say that +he would resist to the bitter end any attempt to alter the law as it +at present stood. He spoke on behalf of his constituents and himself.</p> + +<p>Mr. JEPPE, in the course of his speech, said: Who are the people who +now demand from us a reasonable extension of the franchise? There are +to begin with almost a thousand old burghers who consent to such +extension. There are in addition 890 petitioners, also old burghers, +who complain that the franchise has been narrowed by recent +legislation. There are 5,100, chiefly from the Rand, who ask for +extension subject to the ballot, the principle of which has already +been adopted by you, and there is lastly a monster petition, bearing +35,700 names, chiefly from the Rand goldfields: and in passing I may +mention that I have convinced myself that the signatures to it, with +very few exceptions perhaps are undoubtedly genuine. Well, this +petition has been practically signed by the entire population of the +Rand. There are not three hundred people of any standing whose names +do not appear there. It contains the name of the millionaire +capitalist on the same page as that of the carrier or miner, that of +the owner of half a district next to that of a clerk, and the +signature of the merchant who possesses stores in more than one town +of this Republic next to that of the official. It embraces also all +nationalities: the German merchant, the doctor from Capetown, the +English director, the teacher from the Paarl—they all have signed +it. So have—and that is significant—old burghers from the Free +State, whose fathers with yours reclaimed this country; and it bears +too the signatures of some who have been born in this country, who +know no other fatherland than this Republic, but whom the law regards +as strangers. Then too there are the newcomers. They have settled for +good: they have built Johannesburg, one of the wonders of the age, +now valued at many millions sterling, and which, in a few short +years, will contain from a hundred to a hundred and fifty thousand +souls; they own half the soil, they pay at least three-quarters of +the taxes. Nor are they persons who belong to a subservient race. +They come from countries where they freely exercised political rights +which can never be long denied to free-born men. They are, in short, +men who in capital, energy and education are at least our equals. All +these persons are gathered together, thanks to our law, into one +camp. Through our own act this multitude, which contains elements +which even the most suspicious amongst us would not hesitate to +trust, is compelled to stand together, and so to stand in this most +fatal of all questions in antagonism to us. Is that fact alone not +sufficient to warn us and to prove how unstatesmanlike our policy is? +What will we do with them now? Shall we convert them into friends or +shall we send them away empty, dissatisfied, embittered? What will +our answer be? Dare we refer them to the present law, which first +expects them to wait for fourteen years and even then pledges itself +to nothing, but leaves everything to a Volksraad which cannot decide +until 1905? It is a law which denies all political rights even to +their children born in this country. Can they gather any hope from +that? Is not the fate of the petition of Mr. Justice Morice, whose +request, however reasonable, could not be granted except by the +alteration of the law published for twelve months and consented to by +two-thirds of the entire burgher population, a convincing proof how +untenable is the position which we have assumed? <a id="pg.399"></a>Well, should we +resolve now to refuse this request, what will we do when as we well +know must happen it is repeated by two hundred thousand one day. You +will all admit the doors must be opened. What will become of us or +our children on that day, when we shall find ourselves in a minority +of perhaps one in twenty, without a single friend amongst the other +nineteen, amongst those who will then tell us they wished to be +brothers, but that we by our own act made them strangers to the +Republic? Old as the world is, has an attempt like ours ever +succeeded for long? Shall we say as a French king did that things +will last our time, and after that we reck not the deluge? Again I +ask what account is to be given to our descendants and what can be +our hope in the future?</p> + +<p>Mr. DE CLERCQ opposed the extension.</p> + +<p>Mr. JAN DE BEER said he could not agree to the prayer for extension. +The burghers would decide time enough when the dam was too full, or +when fresh water was wanted. He had gone through the memorials, and +some that wished an extension were unknown to him, even those who +signed from his district. Very few persons were in favour of the +extension. If the burghers wished it he would give it, he would agree +to it. The people coolly asked the Raad to extend the franchise to +80,000 persons, men who were not naturalized and had nothing to lose. +He did not mind extending the franchise to a few. When it was a small +case he did not object, but when it came to giving away their +birthright wholesale he kicked. He did not object to give the burgher +right to <i>persons who shot Kaffirs</i>, or he had better say, persons +who went into the native wars on behalf of the Transvaal, because +they shed their blood for the country; but people who came here only +to make money and that only did not deserve the franchise. Let them +look at that book of signatures on the table with the 70,000 names. +Who were they? (Laughter, and cries of 'Too much.') Well, 38,000 +then. He had 'too much.' They were the persons, the millionaires side +by side with mining workers whom Mr. Jeppe spoke of, but where did +they find these people side by side? Nowhere! No, he would not grant +an extension of the franchise.</p> + +<p>The PRESIDENT said he wished to say a few words on the subject, and +the first thing he had to say was that those persons who signed the +monster petition were unfaithful and not law-abiding.</p> + +<p>Mr. JEPPE: I deny that.</p> + +<p>The PRESIDENT: Yes—I repeat unfaithful.</p> + +<p>Mr. JEPPE (excitedly): I say they are not!</p> + +<p>The CHAIRMAN: Order, order!</p> + +<p>The PRESIDENT then endeavoured to qualify his remarks by reasserting +that these people were disrespectful and disobedient to the law, +because they were not naturalized. 'Now,' asked His Honour +triumphantly, 'can you contradict that? No, you cannot. No one can. +The law says that they must be naturalized, and they are not.' +Speeches had been made that afternoon, His Honour proceeded, urging +that the rich should be made burghers and not the poor. Why not the +poor as well as the rich, if that were the case? But he was against +granting any extension, saving in cases like that he mentioned the +other day. Those who went on commando were entitled to it, but no +others. Those persons who showed they loved the country by making +such sacrifices were entitled to the franchise, and they should get +it. These memorials were being sent in year by year, and yearly +threats were made to them if they did not open the flood-gates. If +the dam was full before the walls were washed over, a certain portion +of the water had <a id="pg.400"></a>to be drained off. Well, this had been done in +the case of commando men. They were the clean water which was drained +off and taken into the inner dam which consisted of clean water, but +he did not wish to take in the dirty water also. No, it had to remain +in the outer dam until it was cleaned and purified. The Raad might +just as well give away the independence of the country as give all +these new-comers, these disobedient persons, the franchise. These +persons knew there was a law, but they wished to evade it; they +wished to climb the wall instead of going along the road quietly, and +these persons should be kept back. He earnestly cautioned the Raad +against adopting Mr. L. Meyer's proposal.</p> + +<p>Mr. D. JOUBERT said excitement would not avail them. They had to be +calm and deliberate. Now, what struck him was first who would give +them the assurance, were they to admit the 35,000 persons who +petitioned them for the franchise, that they would maintain the +independence of the country inviolate and as a sacred heritage? They +had no guarantee. He could not agree with the request of the petition +(here the speaker became excited, and gesticulating violently, +continued), and he would never grant the request if the decision was +in his hands.</p> + +<p>Mr. A.J. WOLMARANS said that his position on this question was that +he would not budge an inch.</p> + +<p>Mr. JAN MEYER impugned the genuineness of the petition, and said he +had represented Johannesburg in the Raad for some time, and could +tell them how those things were worked. They were nearly all +forgeries. He stated that as there were only 40,000 people in +Johannesburg it was impossible that 38,000 of them signed. Therefore +they were forgeries. The speaker concluded by saying that as long as +he lived he would never risk the independence of the country by +granting the franchise, <i>except in accordance with the law</i>. It was +unreasonable to ask him to give up his precious birthright in this +thoughtless manner. He could not do it—he would not do it!</p> + +<p>Mr. PRINSLOO said that he had gone through the petitions from +Potchefstroom, and certainly he had to admit that many of the +signatures were not genuine, for he found on these petitions the +names of his next-door neighbours, who had never told him a word +about their signing such petitions.</p> + +<p>Mr. OTTO again addressed the Raad, endeavouring to prove that +memorials from Ottos Hoop contained many forgeries. He said that he +did not consider the Johannesburg people who signed in that wonderful +and fat book on the table to be law-abiding, and he would have none +of them. The Raad had frequently heard that if the franchise were not +extended there would be trouble. He was tired of these constant +threats. He would say, 'Come on and fight! Come on!' (Cries of +'Order!')</p> + +<p>Mr. OTTO (proceeding): I say, 'Come on and have it out; and the +sooner the better.' I cannot help it, Mr. Chairman, I must speak out. +I say I am prepared to fight them, and I think every burgher of the +South African Republic is with me.</p> + +<p>The CHAIRMAN (rapping violently): Order, order!</p> + +<p>Mr. OTTO: Yes, this poor South African Republic, which they say they +own three-fourths of. They took it from us, and we fought for it and +got it back.</p> + +<p>The CHAIRMAN: Order!</p> + +<p>Mr. OTTO: They called us rebels then. I say they are rebels.</p> + +<p>Loud cries of 'Order!'</p> + +<p><a id="pg.401"></a>Mr. OTTO: I will say to-day, those persons who signed the memorials +in that book are rebels.</p> + +<p>The CHAIRMAN: Will you keep order? You have no right to say such +things. We are not considering the question of powers, but the +peaceful question of the extension of the franchise to-day; and keep +to the point.</p> + +<p>Mr. OTTO: Very well I will; but I call the whole country to witness +that you silenced me, and would not allow me to speak out my mind.</p> + +<p>The PRESIDENT said they had to distinguish between trustworthy +persons and untrustworthy, and one proof was their going on commando, +and the other was their becoming naturalized. People who were +naturalized were more or less worthy, and if they separated +themselves from the others who would not get naturalized, and +petitioned the Raad themselves, the Raad would give ear to their +petition. He strongly disapproved of the Raad being deceived in the +manner it had been by the forged signatures.</p> + +<p>Mr. R.K. LOVEDAY, in the course of an address dealing exhaustively +with the subject, said: The President uses the argument that they +should naturalize, and thus give evidence of their desire to become +citizens. I have used the same argument, but what becomes of such +arguments when met with the objections that the law requires such +persons to undergo a probationary period extending from fourteen to +twenty-four years before they are admitted to full rights of +citizenship, and even after one has undergone that probationary +period, he can only be admitted to full rights by resolution of the +First Raad? Law 4 of 1890, being the Act of the two Volksraads, lays +down clearly and distinctly that those who have been eligible for ten +years for the Second Raad <i>can</i> be admitted to full citizenship. So +that, in any case, the naturalized citizen cannot obtain full rights +until he reaches the age of forty years, he not being eligible for +the Second Raad until he is thirty years. The child born of +non-naturalized parents must therefore wait until he is forty +years-of age, although at the age of sixteen he may be called upon to +do military service, and may fall in the defence of the land of his +birth. When such arguments are hurled at me by our own flesh and +blood—our kinsmen from all parts of South Africa—I must confess +that I am not surprised that these persons indignantly refuse to +accept citizenship upon such unreasonable terms. The element I have +just referred to—namely, the Africander element—is very +considerable, and numbers thousands hundreds of whom at the time this +country was struggling for its independence, accorded it moral and +financial support, and yet these very persons are subjected to a term +of probation extending from fourteen to twenty-four years. It is +useless for me to ask you whether such a policy is just and +reasonable or Republican, for there can be but one answer, and that +is 'No!' Is there one man in this Raad who would accept the franchise +on the same terms? Let me impress upon you the grave nature of this +question, and the absolute necessity of going to the burghers without +a moment's delay, and consulting and advising them. Let us keep +nothing from them regarding the true position, and I am sure we shall +have their hearty co-operation in any reasonable scheme we may +suggest. This is a duty we owe them, for we must not leave them under +the impression that the Uitlanders are satisfied to remain aliens, as +stated by some of the journals. I move amongst these people, and +learn to know their true feelings, and when public journals tell you +that these people are satisfied with their lot, they tell you that +which they know to be false. Such journals are amongst the greatest +sources <a id="pg.402"></a>of danger that the country has. We are informed by certain +members that a proposition for the extension of the franchise must +come from the burghers, but according to the Franchise Law the +proposition must come from the Raad, and the public must consent. The +member for Rustenberg says that there are 9,338 burghers who have +declared that they are opposed to the extension of the franchise. +Upon reference to the Report, he will find that there are only 1,564 +opposed to the extension. Members appear afraid to touch upon the +real question at issue, but try to discredit the memorials by vague +statements that some of the signatures are not genuine, and the +former member for Johannesburg, Mr. J. Meyer, seems just as anxious +to discredit the people of Johannesburg as formerly he was to defend +them.</p> + +<p>The CHAIRMAN advanced many arguments in favour of granting the +franchise to the Uitlander, but nevertheless concluded by stating +that as the Raad with few exceptions were against the extension, he +would go with the majority. He was not, he said, averse to the +publication of Mr. Meyer's proposition, because the country would +have to decide upon it; still he could not favour the extension of +the franchise in the face of what had been said during the debate. +Let the Raad endeavour to lighten the burden of the alien in other +respects. Let the alien come to the Raad with his grievances, and let +the Raad give a patient ear unto him, but he really was not entitled +to the franchise.</p> + +<p>The PRESIDENT again counselled the Raad not to consent to the +publication of Mr. Meyer's proposal. He did not want it put to the +country. This business had been repeated from year to year until he +was tired of it. And why should they worry and weary the burghers +once more by asking them to decide upon Mr. Meyer's motion? There was +no need for it. There was no uncertainty about it. The burghers knew +their minds, and their will, which was supreme, was known. The way +was open for aliens to become burghers; let them follow that road and +not try to jump over the wall. They had the privilege of voting for +the Second Raad if they became naturalized, and could vote for +officials, and that was more than they could do in the Cape Colony. +In the Colony they could not vote for a President or any official. +They were all appointed. They could only vote for Raad members there. +And why should they want more power here all at once? What was the +cause of all this commotion? What were they clamouring for? He knew. +They wanted to get leave to vote for members of the First Raad, which +had the independence of the country under its control. He had been +told by these people that 'if you take us on the same van with you, +we cannot overturn the van without hurting ourselves as well as you.' +'<i>Ja</i>,' that was true, '<i>maar</i>,' the PRESIDENT continued, they could +pull away the reins and drive the van along a different route.</p> + +<p>Mr. JEPPE, again speaking, said there was one matter he must refer +to. That was his Honour's remarks about the petitioners, calling them +disobedient and unfaithful. The law compels no one to naturalize +himself. How then could these petitioners have disobeyed it? Of +course we should prefer them to naturalize. But can we be surprised +if they hesitate to do so? Mr. Loveday has told you what +naturalization means to them.</p> + +<p>The PRESIDENT agreed that these people were not obliged by law to +naturalize, but if they wanted burgher rights they should do so, when +they would get the franchise for the Second Raad; and upon their +being naturalized let them come nicely to the Raad and the Raad would +have something to go to the country with, and they would <a id="pg.403"></a>receive +fair treatment; but, if they refused naturalization and rejected the +Transvaal laws, could they expect the franchise? No. Let Mr. Jeppe go +back and give his people good advice, and if they were obedient to +the law and became naturalized they would not regret it; but he +could not expect his people to be made full burghers if they were +disobedient and refused naturalization. Let them do as he advised, +and he (the President) would stand by them and support them.</p> + +<p>Mr. JEPPE said: His Honour has again asked me to advise the people of +Johannesburg what to do regarding the extension of the franchise. He +says they must first naturalize and then come again. Then he holds +out hopes that their wishes will be met. Why then does he not support +Mr. Meyer's proposal, which affects naturalized people only? What +is it I am to advise the people of Johannesburg? I have had many +suggestions from different members. You, Mr. Chairman, seem to +support the hundred men from Lydenburg who suggest ten years' +residence as a qualification. Mr. Jan Meyer suggests that those who +came early to the goldfields should memorialize separately, and he +would support them. Others say that only those who are naturalized +should petition, and that if a few hundreds petitioned instead of +35,000, their reception would be different. Well, we have had one +petition here wherein all these conditions were complied with. It was +not signed by anyone who had not been here ten years, or who is not +naturalized, or who could at all be suspected of being unfaithful, +nor could any exception be taken to it on the ground of numbers, +since it was signed by one man only, Mr. Justice Morice, and yet it +was rejected. Gentlemen, I am anxiously groping for the light; but +what, in the face of this, am I to advise my people?</p> + +<p>Mr. JAN DE BEER endeavoured to refute Messrs. Jeppe's and Loveday's +statements, when they said a man could not become a full member until +he was forty. They were out of their reckoning, because a man did not +live until he was sixteen. He was out of the country. In the eyes of +the law he was a foreigner until he was sixteen. (Laughter.) The +member adduced other similar arguments to refute those of Messrs. +Jeppe and Loveday, causing much laughter.</p> + +<p>Mr. LOVEDAY replied to the President, especially referring to his +Honour's statement that he (Mr. Loveday) was wrong when he said that +a person would have to wait until he was forty before he could obtain +the full rights. He (Mr. Loveday) repeated and emphasized his +statements of yesterday.</p> + +<p>The CHAIRMAN said there was no doubt about it. What Mr. Loveday said +regarding the qualifications and how long a man would have to wait +until he was qualified to become a full burgher was absolutely +correct. It could not be contradicted. The law was clear on that +point. There was no doubt about it.</p> + +<p>Mr. JAN DE BEER: Yes; I see now Mr. Loveday is right, and I am wrong. +The law does say what Mr. Loveday said. It must be altered.</p> + +<p>The debate was closed on the third day, and Mr. Otto's motion to +accept the report of the majority of the Committee, to refuse the +request of the memoralists, and to refer them to the existing laws, +was carried by sixteen votes to eight.</p> + +<div class="sectionheader"> +<a id="pg.404"></a> +<h3>APPENDIX G.</h3> + +<h3>TERMS OF DR. JAMESON'S SURRENDER.</h3> +</div> + +<p class="centered"> +<i>Sir Hercules Robinson to Mr. Chamberlain.</i></p> + +<p>Received April 6, 1896.</p> + +<div class="opener"> + <i>Government House, Capetown,<br /> + March 16, 1896.</i></div> + +<div class="salutation">SIR,</div> + +<p>I have the honour to transmit for your information a copy of a +despatch from Her Majesty's Acting Agent at Pretoria, enclosing a +communication from the Government of the South African Republic, +accompanied by sworn declarations, respecting the terms of the +surrender of Dr. Jameson's force, a summary of which documents I +telegraphed to you on the 12th instant.</p> + +<p>At my request, Lieutenant-General Goodenough has perused these sworn +declarations, and informs me 'that,' in his opinion, 'Jameson's +surrender was unconditional, except that his and his people's lives +were to be safe so far as their immediate captors were concerned.'</p> + +<div class="closer"> + I have, etc.,<br /> + HERCULES ROBINSON,<br /> + <i>Governor and High Commissioner.</i></div> + +<p>Enclosed in above letter.</p> + +<p class="centered"> +<i>From H. Cloete, Pretoria, to the High Commissioner, Capetown.</i></p> + +<div class="opener"> + <i>Pretoria, March 11th, 1896.</i></div> + +<div class="salutation">SIR,</div> + +<p>I have the honour to enclose for the information of your Excellency a +letter this day received from the Government, a summary of which I +have already sent your Excellency by telegraph.</p> + +<div class="closer"> + I have, etc.,<br /> + H. CLOETE.</div> + +<div class="opener"><i> + Department of Foreign Affairs,<br /> + Government Office, Pretoria,<br /> + March 10, 1896.</i></div> + +<p>Division A., R.A., 1056/1896,<br /> + B., 395/96.</p> + +<div class="salutation">HONOURABLE SIR,</div> + +<p>I am instructed to acknowledge the receipt of the telegram from his +Excellency the High Commissioner to you, dated 6th instant, forwarded +<a id="pg.405"></a>on by you to his Honour the State President, and I am now instructed +to complete with further data my letter to you of 4th instant, B.B., +257/96, which I herewith confirm, containing the information which +the Government then had before it respecting the surrender, and which +was furnished in view of your urgent request for an immediate reply.</p> + +<p>In order to leave no room for the slightest misunderstanding, and to +put an end to all false representations, the Government has summoned +not only Commandant Cronjé, but also Commandant Potgieter, Commandant +Malan, Field-Cornet Maartens, Assistant Field-Cornet Van Vuuren, and +others, whose evidence appears to be of the greatest importance, and +places the matter in a clear and plain light.</p> + +<p>The information which the Government has found published in the +papers is of the following purport:</p> + +<p class="centered"> +'THE DOORNKOP SURRENDER: ALLEGED CORRESPONDENCE.</p> + +<div class="opener">'<i>London, Monday,</i> 11.15 <i>a.m.</i></div> + +<p>'Mr. Hawksley, the Chartered solicitor, who is defending Dr. Jameson, +published the following letter to-day, which passed between Sir John +Willoughby and Mr. Cronjé, the Dutch Commandant at the time of the +Krugersdorp surrender:</p> + +<p class="centered"> +'<i>From Willoughby to Commandant.</i></p> + +<p>'"We surrender, providing you guarantee a safe conduct out of the +country for every member of the force."</p> + +<p class="centered"> +'<i>From Cronjé to Willoughby.</i></p> + +<p>'"Please take notice, I shall immediately let our officers come +together to decide upon your communication."</p> + +<p class="centered"> +'<i>From Cronjé to Willoughby.</i></p> + +<p>'"I acknowledge your letter. The answer is, If you will undertake to +pay the expenses you have caused to the Transvaal, and will lay down +your arms, then I will spare the lives of you and yours. Please send +me reply to this within thirty minutes."'</p> + +<p>I have now the honour to enclose for the information of His +Excellency the High Commissioner and the British Government sworn +declarations of:</p> + +<p>1. Commandant Cronjé, substantiated by Field-Cornet Maartens and +Assistant Field-Cornet Van Vuuren.</p> + +<p>2. Commandant Potgieter.</p> + +<p>3. Commandant Malan.</p> + +<p>4. J.S. Colliers, substantiated by B.J. Viljoen, and the interpreter, +M. J. Adendorff.</p> + +<p>These sworn declarations given before the State Attorney agree in all +the principal points, and give a clear summary of all the incidents +of the surrender, and from the main points thereof it appears, <i>inter +alia</i>:</p> + +<p>That the second letter, as published above, and which is alleged to +be from Cronjé to Willoughby, was not issued from Cronjé, but from +Commandant Potgieter, who has undoubtedly taken up the proper +standpoint, and has followed the general rule in matters of urgency, +<a id="pg.406"></a>such as the one in hand, and where the Commandant-General was not +present in person on the field of battle, first and before treating +wishing to consult with his co-commandants in as far as was possible.</p> + +<p>That a note such as appears in his declaration was sent by Commandant +Cronjé.</p> + +<p>That neither Commandant Malan nor Commandant Potgieter were present +at the despatch of it.</p> + +<p>That the reply thereon from Willoughby was received by Commandant +Cronjé, as appears in that declaration.</p> + +<p>That Commandant Cronjé then, in compliance with the note sent by +Commandant Potgieter, as well as the other commandants and officers +mentioned in the declaration of Cronjé, rode up.</p> + +<p>That Commandant Cronjé then explained his own note.</p> + +<p>That thereupon also Commandant Malan joined his co-commandants and +officers, and at this time Commandants Malan, Cronjé, and Potgieter +were present.</p> + +<p>That after consultation, and with the approval of Commandants Cronjé +and Potgieter, Commandant Malan, by means of the interpreter +Adendorff, had the following said to Dr. Jameson:</p> + +<p>'This is Commandant Malan. He wishes you distinctly to understand +that no terms can be made here. We have no right to make terms here. +Terms will be made by the Government of the South African Republic. +He can only secure your lives to Pretoria, until you are handed over +to Commandant-General at Pretoria.'</p> + +<p>That Dr. Jameson agreed to these terms and accepted them.</p> + +<p>That thereupon by order of Dr. Jameson the arms were then also laid +down.</p> + +<p>That Commandant Trichardt then appeared with the orders of the +Commandant-General to himself.</p> + +<p>It now appears that these orders are those which were contained in +the telegram of which I already sent you a copy by my above-quoted +letter of the 4th March, 1896, and which, after the final regulation +of matters such as had then taken place, was not further acted upon +because as regards the surrender negotiations were in fact carried on +in accordance with the orders of the Commandant-General.</p> + +<p>While putting aside the question of the surrender there is little to +be said about the other points contained in the telegram under reply, +there is one which is considered of sufficient importance by this +Government to even still draw the attention of His Excellency the +High Commissioner thereto. His Excellency says: 'I may therefore +explain that an armistice had been agreed to pending my arrival.'</p> + +<p>The Government here can only think of one other misunderstanding, +they having at the time of the disturbances at Johannesburg never +recognized any acting party, for which reason therefore the +concluding of an armistice was an impossibility.</p> + +<p>In conclusion, I have to tender thanks both to His Honour the +Secretary of State and His Excellency the High Commissioner for the +unprejudiced manner in which they, as against insinuations of a low +character, have made known their feelings with respect to the good +faith shown by His Honour the State President in his negotiations in +connection with the question of the surrender of Dr. Jameson's force.</p> + +<div class="closer"> + I have, etc.,<br /> + C. VAN BOESCHOTEN,<br /> + <i>Acting State Secretary</i>.</div> +<p><i> + His Honour H. Cloete,<br /> + Acting British Agent, Pretoria.</i></p> + +<p><a id="pg.407"></a><i>Appeared before me,</i> HERMANUS JACOB COSTER, <i>State Attorney and +ex-officio J.P. of the South African Republic</i>, PIETER ARNOLDUS +CRONJÉ, <i>Commandant of the Potchefstroom District, who makes oath and +states:</i></p> + +<p>I was, together with H.P. Malan (Commandant of the Rustenburg +District), and F.J. Potgieter (Commandant of the Krugersdorp +District), one of the commanding officers of the burgher forces +in the fights against Jameson. When I noticed the white flag, I +instantly ordered De la Rey to approach the enemy. Instead of De la +Rey, Hans Klopper, one of the men of Commandant Potgieter, went. He +brought back a note from Willoughby to me. The contents of the note +were that if we left them to themselves he promised to withdraw over +the boundary. In reply I sent him per Hans Klopper the following +note:</p> + +<p>'John Willoughby,—I acknowledge your note, and this serves as reply, +that if you guarantee the payment of the expenses which you have +occasioned the South African Republic and surrender your flag +together with your weapons I will spare the life of you and yours. +Please send reply within thirty minutes.'</p> + +<p>When this reply was written by me neither Malan nor Potgieter were +present. Thereupon he answered that he accepted the terms, and +surrendered himself fully with all his arms into my hands. After +receiving Willoughby's answer, I rode to Jameson's troops in order to +meet the other commandants, in accordance with a note sent by +Commandant Potgieter to the enemy. I went with Field-Cornets Maartens +and Van Vuuren to Jameson's troops, and met Jameson. When I met him +I gave him to clearly understand our agreement namely that he must +plainly understand that the last clause was that I guaranteed his +life and that of his men until I had handed him over to General +Joubert. Thereupon I asked him if he was willing to lay down his flag +and his arms, to which he replied, 'I have no flag; I am willing to +lay down my arms.' Thereupon I asked him if he could declare upon +oath that he had no flag, whereupon he declared under oath that he +had no flag. Then Commandant Malan arrived, and then the three +commanding officers, Malan, Potgieter and I, were present on the +spot.</p> + +<p>Before I began speaking to Malan, Jameson called Willoughby to be +present. Thereupon Malan and I spoke together about the surrender +of Jameson. Whereupon Malan said, 'We can't decide anything here. +Jameson must surrender unconditionally, and he must be plainly given +to understand that we cannot guarantee his life any longer than till +we have handed him over to General Joubert.' I fully agreed with +Malan, and the interpreter Adendorff was then instructed by the three +commandants jointly to convey plainly in English to Jameson what the +three commandants had agreed upon. After this had been done, Jameson +bowed, took his hat off, and said in English that he agreed to the +terms. Thereupon he issued orders to Willoughby to command the +subordinate officers to lay down their arms. Then the arms were laid +down. Later on, after the arms had been laid down, Commandant +Trichardt arrived with orders from the Commandant-General, and his +terms were the same as those we had already laid down.</p> + +<div class="closer"> + P.A. CRONJÉ.</div> + +<p>Sworn before me on this 7th day of March, 1896.</p> + +<div class="closer"> +H. J. COSTER,<br /> +<i>State Attorney and Ex-officio J.P.</i></div> + +<hr> + +<p>We, the undersigned, Jan. Thos. Maartens, Field-Cornet of the Ward +Gatsrand, District Potchefstroom, and Daniel Johannes Jansen van +<a id="pg.408"></a>Vuuren, Assistant Field-Cornet of the Ward Bovenschoonspruit, declare +under oath that we were present at everything stated in the foregoing +sworn declaration of Commandant P.A. Cronjé, and that that +declaration is correct and in accordance with the truth.</p> + +<div class="closer"> + JAN. MAARTENS,<br /> + D.J.J. VAN VUUREN.</div> + +<p>Sworn before me on this the 7th day of March, 1896.</p> + +<div class="closer"> + H. J. COSTER,<br /> + <i>State-Attorney and ex-officio J.P.</i></div> + +<hr> + +<p><i>Appeared before me</i>, HERMANUS JACOB COSTER, <i>State Attorney and +ex-officio J.P. of the South African Republic</i>, FREDERICK JACOBUS +POTGIETER, <i>Commandant of the Krugersdorp District, who makes oath +and states:</i></p> + +<p>On the morning of January 2, I received a written report from the +enemy in which was stated that he would surrender, but that he must +be allowed to go back over the line. I answered thereon in writing +that I would call the officers together and would then immediately +notify him. The report received by me I immediately transmitted to +Commandant Cronjé. A short time after I saw Commandant Cronjé with +the burghers going towards the enemy. I thereupon also went towards +the enemy and met Commandant Cronjé there. I then attended the +discussion as set forth in the declaration given by J.T. Celliers, +dated March 6, 1896, and confirmed by Messrs. Michiel Joseph +Adendorff and Benjamin Johannes Vilgoen.</p> + +<p>The purport of that discussion is correctly rendered.</p> + +<div class="closer"> + F.J. POTGIETER,<br /> + <i>Commandant, Krugersdorp</i>.</div> + +<p>This sworn before me on this the 6th day of March, 1896. + +<div class="closer"> + H.J. COSTER,<br /> + <i>State Attorney and ex-officio J.P.</i></div> + +<hr> + +<p><i>Appeared before me</i>, HERMANUS JACOB COSTER, <i>State Attorney and +ex-officio J.P. of the South African Republic</i>, HERCULES PHILIPPUS +MALAN, <i>who makes oath and states:</i></p> + +<p>I was together with P.A. Cronjé, Commandant of the Krugersdorp +District, one of the commanding forces in the fights against Jameson. +On the morning of January 2, a despatch rider from Commandant +Potgieter came up and informed me that Jameson had hoisted the white +flag, and that I must quickly attend a meeting with the other +commandants. When I came up to Jameson I found Cronjé and Potgieter +there; and, as I saw that Cronjé had been speaking to Jameson, I +asked Cronjé 'What is the subject you have been speaking about? I +also wish to know it.' Cronjé told me that he had agreed with Jameson +that Jameson would pay the expenses incurred by the State, and that +he (Cronjé) would spare the lives of Jameson and his people till +Pretoria was reached.</p> + +<p>Thereupon I answered, 'We cannot make any terms here. We have not the +power to do so. Jameson must surrender unconditionally, and we can +only guarantee his life until he is delivered over by us into the +hands of the Commandant-General. Then he will have to submit to the +decision of the Commandant-General and the Government.' When I had +said this, Commandant Potgieter answered, 'I agree with that.' +And Commandant Cronjé said, 'So be it, brothers.' Thereupon the +interpreter <a id="pg.409"></a>(Adendorff) was instructed to translate to Jameson +what had been spoken. He did so. Jameson thereupon took off his hat, +bowed, and replied in English that he agreed thereto. Jameson then +ordered Willoughby, who was present from the moment that I arrived, +to command the subordinate officers to disarm the men, and thereupon +the arms were given up.</p> + +<div class="closer"> +H.P. MALAN, <i>Commandant.</i></div> + +<p>Sworn before me on this the 9th day of March, 1896.</p> + +<div class="closer"> + H.J. COSTER,<br /> + <i>State Attorney and ex-oficio J.P.</i></div> + +<hr> + +<p><i>Appeared before me</i>, HERMANUS JACOB COSTER, <i>State Attorney and +ex-officio J.P. of the South African Republic</i>, JAN STEPHANOS +CELLIERS, <i>of Pretoria, who makes oath and states:</i></p> + +<p>I came up to Jameson and his troops on the second of January (after +Jameson had hoisted the white flag), together with B.G. Viljoen, +Krugersdorp, and another Viljoen, whose place of residence is unknown +to me. I asked one of Jameson's troopers where he was. He showed me +the direction and the place where Jameson was. Jameson thereupon +approached me, and I greeted him. While this took place Commandant +Cronjé, the interpreter (Adendorff), and another man whose name is +unknown to me, came. Cronjé was thereupon introduced by Adendorff, +who spoke English, to Jameson. Thereupon Cronjé said to Jameson, 'I +understand that you and your men will surrender yourselves with your +flag and everything you possess?' Jameson said thereupon, 'I fight +under no flag.'</p> + +<p>Cronjé then replied, 'Then I must believe you upon your word that +you have no flag?' Jameson then said, 'I declare under oath that I +possess no flag.' This conversation was interpreted word for word by +Adendorff. Shortly afterwards Commandant Malan also arrived there. He +asked, 'What is up here? Tell me the news also.' Then Cronjé told +Malan that Jameson would surrender conditionally, whereupon Malan +said in effect, 'There can be no question of a conditional surrender +here, because we have no right to make terms. The surrender must take +place unconditionally. If terms must be made, it must take place at +Pretoria. We can only guarantee his life and that of his men as long +as they are under us, and until the moment when they are handed over +to the Commandant.'</p> + +<p>General Cronjé answered thereupon, 'So be it, brother.' Then +Adendorff asked if he had to interpret this to Jameson, whereupon +Malan said, 'Yes,' and thereupon said in English to Jameson, 'This +is Commandant Malan. He wishes you to distinctly understand that no +terms can be made here. We have no right to make terms here. Terms +will be made by the Government of the South African Republic. He can +only secure your lives to Pretoria, until you are handed over to the +Commandant-General at Pretoria.'</p> + +<p>In reply, Jameson took off his hat, bowed, stepped backwards and +said, 'I accept your terms.' Thereupon Jameson ordered Willoughby to +command the subordinate officers that the troopers should lay down +their arms. The arms were then laid down.</p> + +<div class="closer"> +J.S. CELLIERS.</div> + +<p>Sworn before me on the 6th March, 1896.</p> + +<div class="closer"> + H.J. COSTER,<br /> + <i>State-Attorney and ex-officio J.P.</i></div> + +<p><a id="pg.410"></a>We, the undersigned, Benjamin Johannes Viljoen and Michiel Joseph +Adendorff, the persons mentioned in the preceding declaration, +declare under oath that the facts stated therein, which we witnessed, +as stated above, are true and correct.</p> + +<div class="closer"> + B.J. VILJOEN.<br /> + M.J. ADENDORFF.</div> + +<p>Sworn before me on the 6th March, 1896.</p> + +<div class="closer"> + H.J. COSTER,<br /> + <i>State-Attorney and ex-officio J.P.</i></div> + +<hr> + +<p class="centered"> +COLONIAL OFFICE TO WAR OFFICE.</p> + +<div class="opener"> +<i>Downing Street, April 21, 1896.</i></div> + +<div class="salutation">SIR,</div> + +<p>I am directed by Mr. Secretary Chamberlain to request that you will +lay before the Marquis of Lansdowne the undermentioned papers on the +subject of the surrender of Dr. Jameson's force to the Boers.</p> + +<p>1. A despatch from Sir Hercules Robinson, enclosing sworn +declarations taken by the Government of the South African Republic. +A telegraphic summary of these declarations was laid before Dr. +Jameson, whose observations are contained in—</p> + +<p>2. A letter from the solicitor for Dr. Jameson and his fellow +defendants.</p> + +<p>3. A despatch from Sir Hercules Robinson, enclosing a sworn +statement.</p> + +<p>Lord Lansdowne will observe from Sir H. Robinson's despatch of the +16th March that the declarations taken by the Government of the South +African Republic were submitted to the General Officer commanding at +the Cape, who gave his opinion that the surrender was unconditional.</p> + +<p>Mr. Chamberlain would be obliged if Lord Lansdowne would submit these +papers to his military advisers, and obtain from them their opinion +as to the terms of the surrender, which Mr. Chamberlain thinks was +completed on Sir John Willoughby's acceptance of Commandant Cronjé's +terms, and was therefore subject to these terms and conditions.</p> + +<div class="closer"> + I am, etc.,<br /> + R. H. MEADE.</div> + +<hr> + +<p class="centered"> +WAR OFFICE TO COLONIAL OFFICE.</p> + +<p>Received April 28, 1896.</p> + +<div class="opener"><i> + War Office, London, S.W.,<br /> + April 27, 1896.</i></div> + +<div class="salutation">SIR,</div> + +<p>I am directed by the Secretary of State for War to acknowledge +receipt of your letter of the 21st inst., on the subject of the +surrender of Dr. Jameson's force to the Boers.</p> + +<p>In reply, the Marquis of Lansdowne, having consulted with his +military adviser, desires me to observe that, whatever position Mr. +Cronjé may hold in the Transvaal army, he decidedly on the occasion +in question acted as an officer in authority, and guaranteed the +lives of Dr. Jameson and all his men if they at once laid down their +arms.</p> + +<p>The terms prescribed were accepted by Dr. Jameson's force, and they +surrendered and laid down their arms, and no subsequent discussion +amongst the Transvaal officers could retract the terms of this +surrender.</p> + +<p>I am therefore to acquaint you, for the information of the Secretary +of State for the Colonies, that the Secretary of State for War +concurs with Mr. Chamberlain in considering that the surrender was +completed on Sir John Willoughby's acceptance of Commandant Cronjé's +terms, and was subject to these terms and conditions.</p> + +<div class="closer"> + I am, etc,<br /> + ARTHUR L. HALIBURTON.</div> + +<div class="sectionheader"> +<a id="pg.411"></a> +<h3>APPENDIX H.</h3> + +<h3>SIR JOHN WILLOUGHBY'S REPORT TO THE WAR OFFICE.</h3> +</div> + +<p>The subjoined document is printed in the form in which it was +supplied to the author by a journalist, to whom it had been given as +a fair statement of the case. The marginal remarks are the notes made +by a member of the Reform Committee to whom it was shown.</p> + +<p>OFFICIAL REPORT OF THE EXPEDITION THAT LEFT THE PROTECTORATE AT THE +URGENT REQUEST OF THE LEADING CITIZENS OF JOHANNESBURG WITH THE +OBJECT OF STANDING BY THEM AND MAINTAINING LAW AND ORDER WHILST THEY +WERE DEMANDING JUSTICE FROM THE TRANSVAAL AUTHORITIES. By SIR JOHN C. +WILLOUGHBY, BART., Lieutenant-Colonel Commanding Dr. Jameson's +Forces.</p> + +<p class="commentary">[After they had dated the 'urgent' letter, and had wired to Dr. +Harris (December 27): 'We will make our own notation by the aid +of the letter which I shall publish.']</p> + +<p>On Saturday, December 28, 1895, Dr. Jameson received a Reuter's +telegram showing that the situation at Johannesburg had become acute. +At the same time reliable information was received that the Boers in +the Zeerust and Lichtenburg districts were assembling, and had been +summoned to march on Johannesburg.</p> + +<p class="commentary">[The same time as he got the telegrams from Johannesburg and +messages by Heany and Holden on no account to move.]</p> + +<p>Preparations were at once made to act on the terms of the letter +dated December 20, and already published, and also in accordance with +verbal arrangements with the signatories of that letter—viz., that +should Dr. Jameson hear that the Boers were collecting, and that the +intentions of the Johannesburg people had become generally known, +he was at once to come to the aid of the latter with whatever force +he had available, and without further reference to them, the object +being that such force should reach Johannesburg without any conflict.</p> + +<p class="commentary">[Twaddle—in the face of Hammond's, Phillips's and Sam Jameson's +wire not to move]</p> + +<p><a id="pg.412"></a>At 3 p.m. on Sunday afternoon, December 29, everything was in +readiness at Pitsani Camp.</p> + +<p>The troops were paraded, and Dr. Jameson read the letter of +invitation from Johannesburg.</p> + +<p>He then explained to the force <i>(a)</i> that no hostilities were +intended; <i>(b)</i> that we should only fight if forced to do so in +self-defence; <i>(c)</i> that neither the persons nor property of +inhabitants of the Transvaal were to be molested; <i>(d)</i> that our sole +object was to help our fellow-men in their extremity, and to ensure +their obtaining attention to their just demands.</p> + +<p>Dr. Jameson's speech was received with the greatest enthusiasm by the +men, who cheered most heartily.</p> + +<p>The above programme was strictly adhered to until the column was +fired upon on the night of the 31st.</p> + +<p>Many Boers, singly and in small parties, were encountered on the line +of march; to one and all of these the pacific nature of the +expedition was carefully explained.</p> + +<h4 class="sidenote">Start from Pitsani.</h4> + +<p>The force left Pitsani Camp at 6.30 p.m., December 29, and marched +through the night.</p> + +<p>At 5.15 a.m. on the morning of the 30th the column reached the +village of Malmani (39 miles distant from Pitsani).</p> + +<h4 class="sidenote">Junction effected at Malmani with B.B.P.</h4> + +<p>Precisely at the same moment the advanced guard of the Mafeking +Column (under Colonel Grey) reached the village, and the junction was +effected between the two bodies.</p> + +<p>For details of the composition of the combined force, as also for +general particulars of the march to Krugersdorp, see sketch of the +route and schedule attached (marked A. and B. respectively).</p> + +<h4 class="sidenote">Defile at lead-mines passed.</h4> + +<p>From Malmani I pushed on as rapidly as possible in order to cross in +daylight the very dangerous defile at Lead Mines. This place, distant +71 miles from Pitsani, was passed at 5.30 p.m., December 30.</p> + +<p>I was subsequently informed that a force of several hundred Boers, +sent from Lichtenburg to intercept the force at this point, missed +doing so by three hours only.</p> + +<h4 class="sidenote">Letter from Commandant-General.</h4> + +<p>At our next 'off-saddle' Dr. Jameson received a letter from the +Commandant-General of the Transvaal demanding to know the reason of +our advance, and ordering us to return immediately. A reply was sent +to this, explaining Dr. Jameson's reasons in the same terms as those +used to the force at Pitsani.</p> + +<h4 class="sidenote">Letter from High Commissioner.</h4> + +<p>At Doornport (91 miles from Pitsani), during an 'off-saddle' early on +Tuesday morning, December 31, a mounted messenger overtook us, and +presented a letter from the High Commissioner, which contained an +order to Dr. Jameson and myself to return at once to Mafeking and +Pitsani.</p> + +<h4 class="sidenote">Reasons for not retreating.</h4> + +<p>A retreat by now was out of the question, and to comply with these +instructions an impossibility. In the first place, there was +absolutely no food for men or horses along the road which we had +recently followed; secondly, three days at least would be necessary +for our horses, jaded with forced marching, to return; on the road +ahead we were sure of finding, at all events, some food for man and +beast. Furthermore, we had by now traversed almost two-thirds of the +total distance; a large force of Boers was known to be intercepting +our retreat, and we were convinced that any retrograde movement would +bring on an attack of Boers from all sides.</p> + +<p>It was felt, therefore, that to ensure the safety of our little +force, no alternative remained but to push on to Krugersdorp to our +friends, who we were confident would be awaiting our arrival there.</p> + +<p><a id="pg.413"></a>Apart from the above considerations, even had it been possible to +effect a retreat from Doornport, we knew that Johannesburg had risen, +and felt that by turning back we should be shamefully deserting those +coming to meet us.</p> + +<p class="commentary">[They could not possibly <i>know</i> it, because the rising—<i>i.e.</i> +the public arming and moving of men—only began at the very hour +they claim to have <i>known</i> it, and because the first news from +Johannesburg only reached them 24 hours later by the two cyclists +'Oh what a tangled web we weave, when—']</p> + +<p>Finally, it appeared to us impossible to turn back, in view of the +fact that we had been urgently called in to avert a massacre, which +we had been assured would be imminent in the event of a crisis such +as had now occurred.</p> + +<p class="commentary">[<i>Vide</i> the telegrams and messages to stop! How noble!]</p> + +<h4 class="sidenote">Boer scouts.</h4> + +<p>Near Boon's store, on the evening of the 31st, an advanced patrol +fell in with Lieutenant Eloff, of the Krugersdorp Volunteers. This +officer, in charge of a party of 15 scouts, had come out to gain +intelligence of our movements. He was detained whilst our intentions +were fully explained to him, and then released at Dr. Jameson's +request.</p> + +<h4 class="sidenote">First skirmish New Year's Eve.</h4> + +<p>At midnight (New Year's Eve), while the advanced scouts were crossing +a rocky wooded ridge at right angles to and barring the line of +advance, they were fired on by a party of 40 Boers, who had posted +themselves in this position. The scouts, reinforced by the advanced +guard, under Inspector Straker, drove off their assailants after a +short skirmish, during which one trooper of the M.M.P. was wounded.</p> + +<p>At Van Oudtshoorn's, early on the following morning (January 1), Dr. +Jameson received a second letter from the High Commissioner, to which +he replied in writing.</p> + +<p>At 9.30 a.m. the march was resumed in the usual day formation. After +marching two miles, the column got clear of the hills and emerged +into open country.</p> + +<h4 class="sidenote">10.15 a.m.</h4> + +<p>About this time Inspector Drury, in command of the rearguard, sent +word that a force of about 100 Boers was following him about one mile +in rear. I thereupon reinforced the rearguard, hitherto consisting of +a troop and one Maxim, by an additional half-troop and another Maxim.</p> + +<h4 class="sidenote">11 a.m.</h4> + +<p>About 5 miles beyond Van Oudtshoorn's store the column was met by two +cyclists bearing letters from several leaders of the Johannesburg +Reform Committee. These letters expressed the liveliest approval and +delight at our speedy approach, and finally contained a renewal of +their promise to meet the column with a force at Krugersdorp.<a href="#fn.55" class="fnmark">{55}</a> The +messengers also reported that only 300 armed Boers were in the town.</p> + +<p>This news was communicated to the troops, who received it with loud +cheers.</p> + +<p>When within two miles of Hind's store, the column was delayed by +extensive wire-fencing, which ran for one and a half miles on either +side of the road, and practically constituted a defile.</p> + +<p>While the column was halted and the wire being cut, the country for +some distance on both sides was carefully scouted.</p> + +<p>By this means it was ascertained that there was a considerable force +of Boers (1) on the left front, (2) in the immediate front +(retreating hastily on Krugersdorp), (3) a third party on the right +flank.</p> + +<p>The force which had been following the column from Van Oudtshoorn's +continued to hover in the rear.</p> + +<p>Lieutenant-Colonel White, in command of the advanced guard, sent back +a request for guns to be pushed forward as a precaution in case of +<a id="pg.414"></a>an attack from the Boers in front. By the time these guns reached the +advanced guard, the Boers were still retreating some two miles off. A +few rounds were then fired in their direction. Had Colonel White, in +the first instance, opened fire with his Maxims on the Boers, whom he +surprised watering their horses close to Hind's store, considerable +loss would have been inflicted; but this was not our object, for with +the exception of the small skirmish on the previous night, the Boers +had not as yet molested the column, whose sole aim was to reach +Johannesburg if possible without fighting.</p> + +<h4 class="sidenote">1.30 p.m.</h4> + +<p>At this hour Hind's store was reached.</p> + +<p>Here the troops rested for one and a half hours.</p> + +<p>Unfortunately, hardly any provisions for men and horses were +available.</p> + +<h4 class="sidenote">3 p.m.</h4> + +<p>An officers' patrol, consisting of Major Villiers (Royal Horse +Guards) and Lieutenant Grenfell (1st Life Guards) and six men, moved +off for the purpose of reconnoitring the left flank of the Boer +position, while Captain Lindsell, with his permanent force of +advanced scouts, pushed on as usual to reconnoitre the approach by +the main road. At the same time I forwarded a note to the Commandant +of the forces in Krugersdorp to the effect that, in the event of my +friendly force meeting with opposition on its approach, I should be +forced to shell the town, and that therefore I gave him this warning +in order that the women and children might be moved out of danger.</p> + +<p class="commentary">[Friendly!]</p> + +<p>To this note, which was despatched by a Boer who had been detained at +Van Oudtshoorn, I received no reply.</p> + +<p>At Hind's store we were informed that the force in our front had +increased during the forenoon to about 800 men, of whom a large +number were entrenched on the hillside.</p> + +<h4 class="sidenote">4.30 p.m.</h4> + +<p>Four miles beyond Hind's store, the column following the scouts, +which met with no opposition, ascended a steep rise of some 400 feet, +and came full in view of the Boer position on the opposite side of +a deep valley, traversed by a broad "sluit" or muddy water course.</p> + +<p>Standing on the plateau or spur, on which our force was forming up +for action, the view to our front was as follows:</p> + +<p>Passing through our position to the west ran the Hind's +store—Krugersdorp Road traversing the valley and the Boer position +almost at right angles to both lines.</p> + +<p>Immediately to the north of this road, at the point where it +disappeared over the sky-line on the opposite slope, lay the Queen's +Battery House and earthworks, completely commanding the valley on all +sides and distant 1,900 yards from our standpoint.</p> + +<p>Some 1,000 yards down the valley to the north stood a farmhouse, +surrounded by a dense plantation, which flanked the valley.</p> + +<p>Half-way up the opposite slope, and adjacent to the road, stood an +iron house which commanded the drift where the road crossed the +above-mentioned watercourse.</p> + +<p>On the south side of the road, and immediately opposite the +last-named iron house, an extensive rectangular stone wall enclosure +with high trees formed an excellent advanced central defensive +position. Further up the slope, some 500 yards to the south of this +enclosure, stretched a line of rifle-pits, which were again flanked +to the south by 'prospecting' trenches. On the sky-line numbers of +Boers were apparent to our front and right front.</p> + +<p>Before reaching the plateau we had observed small parties of Boers +hurrying towards Krugersdorp, and immediately on reaching the high +<a id="pg.415"></a>ground the rearguard was attacked by the Boer force which had +followed the column during the whole morning.</p> + +<p>I therefore had no further hesitation in opening fire on the +Krugersdorp position.</p> + +<h4 class="sidenote">4.30 p.m.</h4> + +<p>The two seven-pounders and the 12-1/2 pounder opened on the Boer +line, making good practice under Captain Kincaid-Smith and Captain +Gosling at 1,900 yards.</p> + +<p class="commentary">[It must have been here that the waggon-loads of dead Boers +weren't found.]</p> + +<h4 class="sidenote">5 p.m.</h4> + +<p>This fire was kept up until 5 p.m. The Boers made practically no +reply, but lay quiet in the trenches and battery.</p> + +<p>Scouts having reported that most of the trenches were evacuated, the +first line consisting of the advanced guard (a troop of 100 men), +under Colonel White advanced. Two Maxims accompanied this force; a +strong troop with a Maxim formed the right and left supports on +either flank.</p> + +<p>Lieutenant-Colonel Grey, with one troop B.B.P. and one Maxim, had +been previously detailed to move round and attack the Boers' left.</p> + +<p>The remaining two troops, with three Maxims, formed the reserve and +rearguard.</p> + +<p>The first line advance continued unopposed to within 200 yards of the +watercourse, when it was checked by an exceedingly heavy cross-fire +from all points of the defence.</p> + +<p>Colonel White then pushed his skirmishers forward into and beyond the +watercourse.</p> + +<p>The left support under Inspector Dykes then advanced to prolong the +first line to the left, but, diverging too much to his left this +officer experienced a very hot flanking fire from the farmhouse and +plantation, and was driven back with some loss.</p> + +<p>Colonel Grey meanwhile had pushed round on the extreme right and come +into action.</p> + +<h4 class="sidenote">5.30 p.m.</h4> + +<p>About this time Major Villiers' patrol returned and reported that the +country to our right was open, and that we could easily move round in +that direction.</p> + +<p>It was now evident that the Boers were in great force, and intended +holding their position.</p> + +<p>Without the arrival of the Johannesburg force in rear of the +Boers—an event which I had been momentarily expecting—I did not +feel justified in pushing a general attack, which would have +certainly entailed heavy losses on my small force.</p> + +<p class="commentary">[When Celliers and Rowlands left them at 11 a.m. they had not +expected anyone. <i>Vide</i> Cellier's report and Colonel H.E. White's +letter.]</p> + +<h4 class="sidenote">6.15 p.m.</h4> + +<p>I accordingly left Inspector Drury with one troop and one Maxim to +keep in check the Boers who were now lining the edge of the plateau +to our left, and placed Colonel Grey with two troops B.B.P., one +12-1/2 pounder, and one Maxim to cover our left flank and continue +firing on the battery and trenches south of the road.</p> + +<p>I then made a general flank movement to the right with the remaining +troops.</p> + +<p>Colonel Grey succeeded in shelling the Boers out of their advanced +position during the next half-hour, and blew up the battery house.</p> + +<h4 class="sidenote">Flank movement.</h4> + +<p>Under this cover the column moved off as far as the first houses +of the Randfontein group of mines, the Boers making no attempt to +intercept the movement.</p> + +<p>Night was now fast approaching, and still there were no signs of the +promised help from Johannesburg. I determined, therefore, to push +<a id="pg.416"></a>on with all speed in the direction of that town, trusting in the +darkness to slip through any intervening opposition.</p> + +<p>Two guides were obtained, the column formed in the prescribed night +order of march, and we started off along a road leading direct to +Johannesburg.</p> + +<p>At this moment heavy rifle and Maxim fire was suddenly heard from the +direction of Krugersdorp, which lay 1-1/2 miles to the left rear.</p> + +<p>We at once concluded that this could only be the arrival of the +long-awaited reinforcements, for we knew that Johannesburg had +Maxims, and that the Staats'-Artillerie were not expected to arrive +until the following morning. To leave our supposed friends in the +lurch was out of the question. I determined at once to move to their +support.</p> + +<p class="commentary">[Long awaited! Why, this was only 6 hours since the cyclists left.]</p> + +<p>Leaving the carts escorted by one troop on the road I advanced +rapidly across the plateau towards Krugersdorp in the direction of +the firing, in the formation shown in the accompanying sketch.</p> + +<p>After advancing thus for nearly a mile the firing ceased, and we +perceived the Boers moving in great force to meet the column. The +flankers on the right reported another force threatening that flank.</p> + +<p>Fearing that an attempt would be made to cut us off from the +ammunition carts, I ordered a retreat on them.</p> + +<p>It was now clear that the firing, whatever might have been the cause +thereof, was not occasioned by the arrival of any force from +Johannesburg.</p> + +<p class="commentary">[This is really magnificent!]</p> + +<p>Precious moments had been lost in the attempt to stand by our friends +at all costs, under the mistaken supposition that they could not fail +to carry out their repeated promises,<a href="#fn.56" class="fnmark">{56}</a> renewed to us by letter so +lately as 11 a.m. this same day. It was now very nearly dark. In +the dusk the Boers could be seen closing in on three sides—viz., +north, east, and south. The road to Johannesburg appeared completely +barred, and the last opportunity of slipping through, which had +presented itself an hour ago when the renewed firing was heard, was +gone not to return.</p> + +<h4 class="sidenote">Bivouac, January 1.</h4> + +<p>Nothing remained but to bivouac in the best position available.</p> + +<p>But for the unfortunate circumstance of the firing, which we +afterwards heard was due to the exultation of the Boers at the +arrival of large reinforcements from Potchefstroom, the column would +have been by this time (7 p.m.) at least four or five miles further +on the road to Johannesburg, with an excellent chance of reaching +that town without further opposition.</p> + +<p>I moved the column to the edge of a wide vley to the right of the +road, and formed the horses in quarter-column under cover of the +slope. The carts were formed up in rear and on both flanks, and five +Maxims were placed along the front so as to sweep the plateau.</p> + +<p>The other three Maxims and the heavy guns were posted on the rear and +flank faces.</p> + +<p>The men were then directed to lie down between the guns and on the +side; sentries and cossack posts were posted on each face. +<a id="pg.417"></a>Meantime the Boers had occupied the numerous prospecting trenches and +cuttings on the plateau at distances from 400 to 800 yards.</p> + +<h4 class="sidenote">9 p.m.</h4> + +<p>At 9 p.m. a heavy fire was opened on the bivouac, and a storm of +bullets swept over and around us, apparently directed from all sides +except the south-west.</p> + +<p>The troops were protected by their position on the slope below the +level of the plateau, so that the total loss from this fire, which +lasted about twenty minutes, was very inconsiderable.</p> + +<p>The men behaved with admirable coolness, and were as cheery as +possible, although very tired and hungry and without water.</p> + +<p>We were then left unmolested for two or three hours.</p> + +<h4 class="sidenote">Midnight.</h4> + +<p>About midnight another shower of bullets was poured into the camp, +but the firing was not kept up for long.</p> + +<p>Somewhat later a Maxim gun opened on the bivouac, but failed to get +our range.</p> + +<h4 class="sidenote">Thursday, January 2.</h4> + +<p>At 3.30 a.m. patrols were pushed out on all sides, while the force as +silently and rapidly as possible was got ready to move off.</p> + +<p>At 4 a.m. a heavy fire was opened by the Boers on the column, and the +patrols driven in from the north and east sides.</p> + +<p>Under the direction of Major R. White (assisted by Lieutenant +Jesser-Coope) the column was formed under cover of the slope.</p> + +<p>Soon after this the patrols which had been sent out to the south +returned, and reported that the ground was clear of the Boers in that +direction.</p> + +<p>The growing light enabled us to ascertain that the Boers in force +were occupying pits to our left and lining the railway embankment +for a distance of one and a half miles right across the direct road +to Johannesburg.</p> + +<p>I covered the movements of the main body with the B.B.P. and two +Maxims under Colonel Grey along the original left front of the +bivouac, and two troops M.M.P., under Major K. White on the right +front.</p> + +<p>During all this time the firing was excessively heavy; however the +main body was partially sheltered by the slope.</p> + +<p>Colonel White then led the advance for a mile across the vley without +casualty, but on reaching the opposite rise near the Oceanic Mine, +was subjected to a very heavy long-range fire. Colonel White hereupon +very judiciously threw out one troop to the left to cover the further +advance of the main body.</p> + +<p>This was somewhat delayed, after crossing the rise, by the +disappearance of our volunteer guide of the previous night.</p> + +<p>Some little time elapsed before another guide could be obtained.</p> + +<p>In the meantime, Lieutenant-Colonel Grey withdrew his force and the +covering Maxims out of action under the protection of the M.M.P. +covering troops, and rejoined the main body.</p> + +<h4 class="sidenote">5 a.m.</h4> + +<p>At this juncture Colonel Grey was shot in the foot, but most +gallantly insisted on carrying on his duties until the close of the +action.</p> + +<p>Sub-Inspector Cazalet was also wounded here, but continued in action +until he was shot again in the chest at Doornkop.</p> + +<p>While crossing the ridge the column was subjected to a very heavy +fire, and several men and horses were lost here.</p> + +<p>I detailed a rearguard of one troop and two Maxims, under Major R. +White, to cover our rear and left flank, and move the remainder of +the troops in the ordinary day formation as rapidly forward as +possible.</p> + +<p>In this formation a running rear and flank guard fight was kept up +for ten miles. Wherever the features of the ground admitted, a stand +was made by various small detachments of the rear and flank guard. +<a id="pg.418"></a>In this manner the Boers were successfully kept a distance of 500 +yards, and repulsed in all their efforts to reach the rear and flank +of the main body.</p> + +<p>In passing through the various mines and the village of Randfontein +we met with hearty expressions of goodwill from the mining +population, who professed a desire to help if only they had arms.</p> + +<h4 class="sidenote">8 a.m.</h4> + +<p>Ten miles from the start I received intelligence from Colonel Grey, +at the head of the column, that Doornkop, a hill near the +Speitfontein mine, was held by 400 Boers, directly barring our line +of advance.</p> + +<p>I repaired immediately to the front, Colonel White remaining with the +rear-guard.</p> + +<p>On arriving at the head of the column, I found the guns shelling a +ridge which our guide stated was Doornkop.</p> + +<p>The excellent dispositions for the attack made by Colonel Grey were +then carried out.</p> + +<p>The B.B.P., under Major Coventry, who I regret to say was severely +wounded and lost several of his men, attacked and cleared the ridge +in most gallant style and pushed on beyond it.</p> + +<p>About this time Inspector Barry received the wound which we have +learnt with grief has subsequently proved fatal.</p> + +<p>Chief-Inspector Bodle at the same time, with two troops M.M.P., +charged, and drove off the field a large force of Boers threatening +our left flank.</p> + +<p>The guide had informed us that the road to the right of the hill was +impassable, and that there was open and easy country to the left.</p> + +<p>This information was misleading. I afterwards ascertained that +without storming the Boer position there was no road open to +Johannesburg except by a wide detour of many miles to the right.</p> + +<h4 class="sidenote">8.30 a.m.</h4> + +<p>At this moment Dr. Jameson received a letter from the High +Commissioner again ordering us to desist in our advance. Dr. Jameson +informed me at the same time of the most disheartening news, viz., +that he had received a message stating that Johannesburg would not +or could not come to our assistance, and that we must fight our way +through unaided.</p> + +<p>Thinking that the first ridge now in our hands was Doornkop, we again +pushed rapidly on, only to find that in rear of the ridge another +steep and stony kopje, some 400 feet in height, was held by hundreds +of Boers completely covered from our fire.</p> + +<p>This kopje effectually flanked the road over which the column must +advance at a distance of 400 yards. Scouting showed that there was no +way of getting round this hill.</p> + +<p>Surrounded on all sides by the Boers, men and horses wearied out, +outnumbered by at least six to one, our friends having failed to +keep their promises to meet us, and my force reduced numerically +by one-fourth, I no longer considered that I was justified in +sacrificing any more of the lives of the men under me.</p> + +<p class="commentary">[Wonderfully considerate! seeing how they deliberately risked the +lives of thousands in Johannesburg when they started.]</p> + +<p>As previously explained, our object in coming had been to render +assistance, without bloodshed if possible, to the inhabitants of +Johannesburg. This object would in no way be furthered by a hopeless +attempt to cut our way through overwhelming numbers, an attempt, +moreover which must without any doubt have entailed heavy and useless +slaughter.</p> + +<h4 class="sidenote">9.15 a.m.</h4> + +<p>With Dr. Jameson's permission, I therefore sent word to the +Commandant that we would surrender provided that he would give a +<a id="pg.419"></a>guarantee of safe conduct out of the country to every member of the +force.</p> + +<p>To this Commandant Cronjé replied by a guarantee of the lives of all, +provided that we would lay down our arms and pay all expenses.</p> + +<p>In spite of this guarantee of the lives of all, Commandant Malan +subsequently repudiated the guarantee in so far as to say that he +would not answer for the lives of the leaders, but this was not until +our arms had been given up and the force at the mercy of the Boers.</p> + +<p>I attribute our failure to reach Johannesburg in a great measure to +loss of time from the following causes:</p> + +<p>(1) The delay occasioned by the demonstration in front of +Krugersdorp, which had been assigned as the place of junction with +the Johannesburg force.</p> + +<p>(2) The non-arrival of that force at Krugersdorp or of the guides to +the Krugersdorp-Johannesburg section of the road, as previously +promised by Johannesburg.</p> + +<p>(3) The delay consequent on moving to the firing of the supposed +Johannesburg column just before dark on Wednesday evening.</p> + +<p class="commentary">[How is it that nothing was said of this to Celliers and Rowland; +nothing in the Letter of Colonel White and Dr. Jameson which they +wrote at 11 a.m. Wednesday; nothing in the message sent by Bugler +Vallé, who was despatched on Thursday before daybreak <i>after</i> the +Krugersdorp light? How is it that if the forces were to meet at +Krugersdorp Dr. Jameson telegraphed to Dr. Wolff to meet him +<i>en route,</i> so as to decide whether to turn off <i>20 miles before +reaching Krugersdorp</i> and march direct on Pretoria or go into +Johannesburg first?]</p> + +<p>I append (1) a sketch-map of the route from Pitsani to Krugersdorp, +marked A. This distance (154 miles) was covered in just under 70 +hours, the horses having been off-saddled ten times. The 169 miles +between Pitsani and Doornkop occupied 86 hours, during 17 of which +the men were engaged with the Boers, and were practically without +food or water, having had their last meal at 8 a.m. on the morning of +the 1st January at Van Oudtshoorn's, 17 miles from Krugersdorp.</p> + +<p>The average weight carried by each horse was 16 stone.</p> + +<p>(2) List of officers engaged in the expedition and composition of the +force marked B. From this it will be seen that there was a total of +494 men and officers (exclusive of staff).</p> + +<p>(3) Plans of engagements at Krugersdorp and Doornkop, and of the +bivouac on the night of January 1st.</p> + +<p>I cannot close this narrative without testifying to the very great +gallantry and endurance of all officers, non-commissioned officers, +and troopers under my command in the field and on the march under +most trying circumstances.</p> + +<p>COMPOSITION OF FORCE.</p> + +<pre> + Lieutenant-Colonel Sir John Willoughby, Royal + Horse Guards Commanding. + Major Hon. Robert White, Royal Welsh + Fusiliers Senior Staff Officer. + Major C. Hyde Villiers, Royal Horse Guards Staff Officer. + Captain Kincaid-Smith, Royal Artillery Artillery Staff Officer. + Captain Kennedy, B.S.A.C.'s Service Quartermaster. + Captain E. Holden, Derbyshire Yeomanry Assistant Quarter-Master. + Surgeon Captain Farmer, B.S.A. Co. } + Surgeon Captain Seaton Hamilton, late 1st Life } Medical Officers. + Guards } <a id="pg.420"></a> + Lieutenant Grenfell, 1st Life Guards Remount Officer. + Lieutenant Jesser-Coope, B.S.A. Co. Transport Officer. + Captain Lindsell, late Royal Scots Fusiliers In charge Scouts. + Major J.B. Stracey, Scots Guards } + Major Heany, B.S.A. Co. } Officers temporarily + Captain Foley } attached to Staff. + Lieutenant Harry R. Holden, late Grenadier } + Guards }</pre> + +<p>OFFICERS OF MASHONALAND MOUNTED POLICE.</p> + +<pre> + Lieutenant-Colonel Hon. H.F. White, Grenadier + Guards Commanding. + Inspector Bodle (late 6th Dragoons) 2nd in command. + Inspector Straker, commanding A Troop. + Inspector Dykes, commanding B Troop. + Inspector Barry, commanding C Troop. + Inspector Drury, commanding D Troop. + Sub-Inspectors Scott and Cashel, A Troop. + Sub-Inspectors Tomlinson and Chawner, B Troop. + Sub-Inspectors Cazalet and Williams, C Troop. + Sub-Inspectors Murray and Constable, D Troop. + Artillery Troop—Inspector Bowden and Sub-Inspector Spain. + Regimental Sergeant—Major Abbott.</pre> + +<p>BECHUANALAND BORDER POLICE.</p> + +<pre> + Lieutenant-Colonel Raleigh Grey, 6th Dragoons Commanding. + Major Hon. Charles Coventry 2nd in command. + Captain Gosling, commanding G Troop. + Sub-Lieutenants Hoare and Wood, commanding G Troop. + Captain Munroe, commanding K Troop. + Sub-Lieutenant McQueen, commanding K Troop. + Medical Officer Surgeon Garraway. + Veterinary Surgeon Lakie. + M.M. Police officers and men 372 Pitsani + Staff 13 camp. + Colony boys (leading horses, etc.) 65 + Horses 480 + Mules 128 + One 12-1/2-pounder, 6 Maxims, 6 Scotch carts, 1 Cape cart, + 2 grain waggons. + B.B. Police officers and men 122 Mafeking + Staff 1 column. + Drivers and leaders 10 + Horses 160 + Mules 30 + Two 7-pounders, 2 Maxims, 2 Scotch carts, 2 Cape carts. + + Officers and men 494 Totals. + Staff 14 + Drivers, leaders, etc. 75 + Horses 640 + Mules 158 + M.H. Maxims 8 + 12-1/2-pounder 1 + 7-pounder 2 + Scotch carts 8 + Cape carts 3</pre> + +<p><a id="pg.421"></a>AMMUNITION.</p> + +<pre> + Rounds. + Carried by men and natives 50,000 Lee-Met. + Carried in Scotch carts and Cape carts 54,000 rifle. + ------- + Total 104,000 + ======= + + On the guns 17,000 Maxim. + In carts 28,000 + ------- + Total 45,000 + ======= + + On limber 44 12-1/2 + On one Scotch cart 80 pounders. + ------- + Total 124 + ======= + + On limbers 70 7-pounders. + In Scotch carts 172 + ------- + Total 242 + =======</pre> + +<p>The rifle ammunition used was that supplied by the Maxim firm for +their guns and also pellet powder.</p> + +<p>The powder used with the 12-1/2-pounder was that known as +'ballistite.' Rocket signals and limelights were carried, but +not used.</p> + +<p>EQUIPMENT CARRIED.</p> + +<ul> + <li>On the Person.</li> + <li>(a) Rifle (10 rounds).</li> + <li>(b) Bandolier (60 rounds).</li> + <li>(c) Haversack (1/2 day's ration).</li> + <li>(d) Water-bottle filled.</li></ul> + +<ul> + <li>On the Saddle.</li> + <li>(a) Nosebag (5 lb. grain).</li> + <li>(b) Cloak on wallet.</li> + <li>(c) Rifle bucket.</li> + <li>(d) Patrol tin (with grocery ration).</li> + <li>(e) Leather axe-holder (every fourth man).</li></ul> + +<p>Near-side wallet, 30 rounds and 1/2 day's rations.</p> + +<p>Off-side wallet, 20 rounds, tin dubbin, hold-all, and towel.</p> + +<p>Average weight carried by horse = 16 stone.</p> + +<p>Average weight carried by Scotch carts = 1,600 lb.</p> + +<h4>Footnotes for Appendix H</h4> + +<p><span id="fn.55">{55}</span> The letters are published in their proper place, and readers can +satisfy themselves as to whether they justify the above inference.</p> + +<p><span id="fn.56">{56}</span> Note. July, 1899. In the Report of the Select Committee of the +House of Commons (No. 311 of 1897), page 298, are the following:—</p> + +<p>Sir Henry Campbell Bannerman: "Did you understand that you were to +meet a considerable force at Krugersdorp coming from Johannesburg?"</p> + +<p>Sir John Willoughby: <i>Not when we started</i> from Pitsani, but +certainly after the letters received from the cyclists.</p> + +<div class="sectionheader"> +<a id="pg.422"></a> +<h3>APPENDIX I.</h3> + +<h3>MANIFESTO.</h3> +</div> + +<p>If I am deeply sensible of the honour conferred upon me by being +elected chairman of the National Union, I am profoundly impressed +with the responsibilities attached to the position. The issues to be +faced in this country are so momentous in character that it has been +decided that prior to the holding of a public meeting a review of the +condition of affairs should be placed in your hands, in order that +you may consider matters quietly in your homes. It has also been +decided that it will be wise to postpone the meeting which was to +have taken place on the 27th December until the 6th day of January +next.</p> + +<p>On that day you will have made up your minds on the various points +submitted to you, and we will ask you for direction as to our future +course of action. It is almost unnecessary to recount all the steps +which have been taken by the National Union, and I shall therefore +confine myself to a very short review of what has been done.</p> + +<h4>THE THREE PLANKS.</h4> + +<p>The constitution of the National Union is very simple. The three +objects which we set before ourselves are: (1) The maintenance of +the independence of the Republic, (2) the securing of equal rights, +and (3) the redress of grievances. This brief but comprehensive +programme has never been lost sight of, and I think we may +challenge contradiction fearlessly when we assert that we have +constitutionally, respectfully, and steadily prosecuted our purpose. +Last year you will remember a respectful petition, praying for the +franchise, signed by 13,000 men, was received with contemptuous +laughter and jeers in the Volksraad. This year the Union, apart +from smaller matters, endeavoured to do three things.</p> + +<h4>THE RAAD ELECTIONS.</h4> + +<p>First we were told that a Progressive spirit was abroad, that twelve +out of twenty-four members of the First Volksraad had to be elected, +and we might reasonably hope for reform by the type of broad-minded +men who would be elected. It was therefore resolved that we should do +everything in our power to assist in the election of the best men who +were put up by the constituencies, and everything that the law +permitted us to do in this direction was done.</p> + +<h4><a id="pg.423"></a>DISAPPOINTED HOPES.</h4> + +<p>The result has been only too disappointing, as the record of the +debates and the division list in the Volksraad prove. We were +moreover told that public speeches in Johannesburg prevented the +Progressive members from getting a majority of the Raad to listen to +our requests, that angry passions were inflamed, and that if we would +only hold our tongues reform would be brought about. We therefore +resolved in all loyalty to abstain from inflaming angry passions, +although we never admitted we had by act or speech given reason for +legislators to refuse justice to all. Hence our silence for a long +time.</p> + +<h4>THE RAILWAY CONCESSION NEXT.</h4> + +<p>We used all our influence to get the Volksraad to take over the +railway concession, but, alas! the President declared with tears in +his voice that the independence of the country was wrapped up in this +question, and a submissive Raad swept the petitions from the table.</p> + +<h4>THE FRANCHISE PETITION.</h4> + +<p>Our great effort however was the petition for the franchise, with the +moderate terms of which you are all acquainted. This petition was +signed by more than 38,000 persons. What was the result? We were +called unfaithful for not naturalizing ourselves, when naturalization +means only that we should give up our original citizenship and get +nothing in return, and become subject to disabilities. Members had +the calm assurance to state, without any grounds whatever, that +the signatures were forgeries; and, worst of all, one member in an +inflammatory speech challenged us openly to fight for our rights, and +his sentiment seemed to meet with considerable approval. This is the +disappointing result of our honest endeavours to bring about a fusion +between the people of this State, and the true union and equality +which alone can be the basis of prosperity and peace. You all know +that as the law now stands we are virtually excluded for ever from +getting the franchise, and by a malignant ingenuity our children born +here are deprived of the rights of citizenship unless their fathers +take an oath of allegiance, which brings them nothing but +disabilities.</p> + +<h4>THE BITTER CRY OF THE 'UITLANDER.'</h4> + +<p>We are the vast majority in this State. We own more than half the +land, and, taken in the aggregate, we own at least nine-tenths of the +property in this country; yet in all matters affecting our lives, our +liberties, and our properties, we have absolutely no voice. Dealing +now first with the legislature, we find taxation is imposed upon +us without any representation whatever, that taxation is wholly +inequitable, <i>(a)</i> because a much greater amount is levied from the +people than is required for the needs of Government; <i>(b)</i> because it +is either class taxation pure and simple, or by the selection of the +subjects, though nominally universal, it is made to fall upon our +shoulders; and <i>(c)</i> because the necessaries of life are unduly +burdened.</p> + +<h4>ABUSE OF PUBLIC EXPENDITURE.</h4> + +<p>Expenditure is not controlled by any public official independent of +the Government. Vast sums are squandered, while the Secret Service +Fund is a dark mystery to everybody. But, essential as the power to +<a id="pg.424"></a>control taxation and expenditure is to a free people, there are other +matters of the gravest importance which are equally precious. +The Legislature in this country is the supreme power, apparently +uncontrolled by any fixed Constitution. The chance will of a majority +in a Legislature elected by one-third of the people is capable of +dominating us in every relation of life, and when we remember that +those who hold power belong to a different race, speak a different +language, and have different pursuits from ourselves, that they +regard us with suspicion, and even hostility; that, as a rule, they +are not educated men, and that their passions are played upon by +unscrupulous adventurers, it must be admitted that we are in very +grave danger.</p> + +<h4>TRIBUTE TO THE MODERATES.</h4> + +<p>I think it is but just to bear tribute to the patriotic endeavours of +a small band of enlightened men in the Volksraad who have earnestly +condemned the policy of the Government and warned them of its danger. +To Mr. Jeppe, Mr. Lucas Meyer, the De Jagers, Mr. Loveday, and a few +others in the First Raad, leaving out the second Raad, we owe our +best thanks, for they have fought our battle and confirmed the +justice of our cause. But when we look to the debates of the last +few years, what do we find? All through a spirit of hostility, all +through an endeavour not to meet the just wants of the people, not +to remove grievances, not to establish the claim to our loyalty by +just treatment and equal laws, but to repress the publication of +the truth, however much it might be required in the public interest, +to prevent us from holding public meetings, to interfere with the +Courts, and to keep us in awe by force.</p> + +<h4>THE POWERS OF THE EXECUTIVE.</h4> + +<p>There is now threatened a danger even graver than those which have +preceded it. The Government is seeking to get through the Legislature +an Act which will vest in the Executive the power to decide whether +men have been guilty of sedition, and to deport them and confiscate +their goods. The Volksraad has by resolution affirmed the principle, +and has instructed the Government to bring up a Bill accordingly next +session. To-day this power rests justly with the courts of law, and I +can only say that if this Bill becomes law the power of the Executive +Government of this country would be as absolute as the power of the +Czar of Russia. We shall have said goodbye finally to the last +principle of liberty.</p> + +<h4>PRESIDENT KRUGER INDICTED.</h4> + +<p>Coming to the Executive Government, we find that there is no true +responsibility to the people, none of the great departments of State +are controlled by Ministerial officers in the proper sense, the +President's will is virtually supreme, and he, with his unique +influence over the legislators of the House, State-aided by an able +if hostile State Secretary, has been the author of every act directed +against the liberties of the people. It is well that this should be +recognized. It is well that President Kruger should be known for what +he is, and that once for all the false pedestal on which he has so +long stood should be destroyed. I challenge contradiction when I +state that no important Act has found a place on the Statute-book +during the last ten years without the seal of President Kruger's will +upon it; nay, he is the father of every such Act. Remember <a id="pg.425"></a>that +all legislation is initiated by the Government, and, moreover, +President Kruger has expressly supported every Act by which we and +our children have been deprived by progressive steps of the right to +acquire franchise, by which taxation has been imposed upon us almost +exclusively, and by which the right and the liberty of the Press and +the right of public meeting have been attacked.</p> + +<h4>THE JUDGES AND THE LIBERTY OF THE SUBJECT.</h4> + +<p>Now we come to the judicial system. The High Court of this country +has, in the absence of representation, been the sole guardian of +our liberties. Although it has on the whole done its work ably, +affairs are in a very unsatisfactory position. The judges have +been underpaid, their salaries have never been secure, the most +undignified treatment has been meted out to them, and the status +and independence of the Bench have on more than one occasion been +attacked. A deliberate attempt was made two years ago by President +Kruger and the Government to reduce the bench to a position +subordinate to the Executive Government, and only recently we had in +the Witfontein matter the last of the cases in which the Legislature +interfered with vested rights of action. The administration of +justice by minor officials, by native commissioners, and by +field-cornets, has produced, and is producing, the gravest unrest in +the country; and, lastly, gentlemen,</p> + +<h4>THE GREAT BULWARK OF LIBERTY,</h4> + +<p>the right to trial by jurymen who are our peers, is denied to us. +Only the burgher or naturalized burgher is entitled to be a juryman; +or, in other words, anyone of us is liable to be tried upon the +gravest charge possible by jurymen who are in no sense our peers, who +belong to a different race, who regard us with a greater or lesser +degree of hostility, and whose passions, if inflamed, might prompt +them, as weak human creatures, to inflict the gravest injustice, even +to deprive men of their lives. Supposing, in the present tense +condition of political feeling, any one of us were tried before a +Boer jury on any charge having a political flavour about it, should +we be tried by our peers, and should we have a chance of receiving +even-handed justice?</p> + +<h4>THE SECRET SERVICE FUND.</h4> + +<p>When we come to the Administration, we find that there is the +grossest extravagance, that Secret Service moneys are squandered, +that votes are exceeded, that the public credit is pledged, as it was +pledged in the case of the Netherlands Railway Company, and later +still in the case of the Selati Railway, in a manner which is wholly +inconsistent with the best interests of the people.</p> + +<h4>SQUANDERING THE PUBLIC REVENUE.</h4> + +<p>The Delagoa Bay festivities are an instance of a reckless disregard +of a Parliamentary vote; Ł20,000 was voted for those useless +festivities—about Ł60,000 was really expended, and I believe certain +favoured gentlemen hailing from Holland derived the principal +benefit. It is said that Ł400,000 of our money has been transferred +for some extraordinary purpose to Holland. Recently Ł17,000 is said +to have been sent out of the country with Dr. Leyds for Secret +Service purposes, and the public audit seems a farce. When the +Progressive members endeavoured to get an explanation about large +sums of money they <a id="pg.426"></a>were silenced by a vote of the majority +prompted by President Kruger. The administration of the public +service is in a scandalous condition.</p> + +<h4>A CORRUPT LEGISLATURE.</h4> + +<p>Bribery and corruption are rampant. We have had members of the Raad +accepting presents of imported spiders and watches wholesale from men +who were applying for concessions, and we have the singular fact that +in every instance the recipient of the gift voted for the concession. +We have the President openly stating that such acceptance of presents +was wholly moral. We have a condition of affairs in which the time +of the meeting of the Volksraad is looked upon as the period of the +greatest danger to our interests, and it is an open secret that a +class of man has sprung up who is in constant attendance upon the +members of the Volksraad, and whose special business appears to be +the 'influencing' of members one way or the other. It is openly +stated that enormous sums of money have been spent, some to produce +illegitimate results, some to guard against fresh attacks upon vested +rights. The Legislature passed an Act solemnly denouncing corruption +in the public service. One man, not an official, was punished under +the law, but nothing has ever been done since to eradicate the evil.</p> + +<h4>AND A TAINTED CIVIL SERVICE.</h4> + +<p>I think thousands of you are satisfied of the venality of many of our +public servants. I wish to guard against the assumption that all +public servants are corrupt. Thank God there are many who are able +and honourable men, and it must be gall and wormwood to these men to +find the whole tone of the service destroyed, and to have themselves +made liable to be included under one general denunciation. But there +can be no health in an administration, and the public morals must be +sapped also, when such things as the Smit case, and the recent +Stiemens case, go unnoticed and unpunished.</p> + +<h4>TWO GLARING CASES.</h4> + +<p>I think it right to state openly what those cases are. N.J. Smit +is the son of a member of the Government. He absented himself for +months without leave. He was meantime charged in the newspapers +with embezzlement. He returned, was fined Ł25 for being absent +without leave, and was reinstated in office. He is now the Mining +Commissioner of Klerksdorp. He has been charged in at least two +newspapers—one of them a Dutch newspaper, <i>Land en Volk</i>, published +within a stone's throw of the Government Office—with being an +'unpunished thief,' and yet the Government have taken no notice of +it, nor has he thought fit to bring an action to clear himself. In +the Stiemens case two officials in the Mining Department admitted in +the witness-box that they had agreed to further the application of a +relative for the grant of a piece of public land at Johannesburg on +condition that they were each to receive one quarter of the proceeds. +A third official, the Landdrost of Pretoria, admitted that he had +received Ł300 for his 'influence' in furthering the application; +yet no notice had been taken by the Government of their scandalous +conduct, and sad to say the judges who heard the case did not think +it their duty to comment strongly upon the matter. I have in my +possession now a notarial deed which proves that the Railway +Commissioner, the Landdrost, and the Commandant of Pretoria are +members of a syndicate whose avowed object is, or was, to wrest from +the companies their right to the <a id="pg.427"></a>'bewaarplaatsen.' This shows what +is going on, and what is the measure of safety of title to property. +Those who should guard our rights are our worst enemies. In a law +introduced by the present Government, the Government, instead of the +Courts, are the final judges in cases of disputed elections. No +Election Committees are allowed. This operates against candidates +opposed to the Government, because the Government has virtually a +vast standing army of committee men, henchmen, officials being +allowed openly to take part in swaying elections, and the Government +being in a position, by the distribution of contracts, appointments, +purchase of concessions, the expenditure of Secret Service money and +otherwise, to bring into existence and maintain a large number of +supporters who act as canvassers always on the right side in times +of elections.</p> + +<h4>NATIVE AFFAIRS.</h4> + +<p>The administration of native affairs is a gross scandal and a source +of immense loss and danger to the community. Native Commissioners +have been permitted to practise extortion, injustice, and cruelty +upon the natives under their jurisdiction. The Government has allowed +petty tribes to be goaded into rebellion. We have had to pay the +costs of the 'wars,' while the wretched victims of their policy have +had their tribes broken up, sources of native labour have been +destroyed, and large numbers of prisoners have been kept in goal +for something like eighteen months without trial. It was stated +in the newspapers that, out of 63 men imprisoned, 31 had died in +that period, while the rest were languishing to death for want of +vegetable food. We have had revelations of repulsive cruelty on the +part of field-cornets. We all remember the Rachman case, and the +April case, in which the judges found field-cornets guilty of brutal +conduct to unfortunate natives; but the worst features about these +cases is that the Government has set the seal of its approval upon +the acts of these officials by paying the costs of the actions out +of public funds, and the President of the State a few days ago made +the astounding statement in regard to the April case, that, +notwithstanding the judgment of the High Court, the Government +thought that Prinsloo was right in his action, and therefore paid +the costs. The Government is enforcing the 'plakkerswet,' which +forbids the locating of more than five families on one farm. The +field-cornets in various districts have recently broken up homes of +large numbers of natives settled on 'Uitlanders'' lands, just at the +time when they had sown their crops to provide the next winter's +food. The application of this law is most uneven, as large numbers +of natives are left on the farms of the Boers. Quite recently a +well-known citizen brought into the country at great expense some +hundreds of families, provided them with land, helped them to start +life, stipulating only that he should be able to draw from amongst +them labour at a fair wage to develop his properties. Scarcely had +they been settled when the field-cornet came down and scattered the +people, distributing them among Boer farms. The sources of the native +labour supply have been seriously interfered with at the borders by +Government measures, and difficulties have been placed in the way of +transport of natives by railway to the mines. These things are all a +drain upon us as a State, and many of them are a burning disgrace to +us as a people.</p> + +<h4>THE EDUCATION SCANDAL.</h4> + +<p>The great public that subscribes the bulk of the revenue is virtually +denied all benefit of State aid in education. There has been a +deliberate <a id="pg.428"></a>attempt to Hollanderise the Republic, and to kill the +English language. Thousands of children are growing up in this land +in ignorance, unfitted to run the race of life, and there is the +possibility that a large number of them will develop into criminals. +We have had to tax ourselves privately to guard against these +dangers, and the iniquity of denying education to the children of +men who are paying taxes is so manifest that I pass on with mingled +feelings of anger and disgust.</p> + +<h4>RAILWAYS.</h4> + +<p>This important branch of the public service is entirely in the hands +of a corporation domiciled in Holland. This corporation holds a +concession, of course under which not only was there no adequate +control over expenditure in construction, but it is entitled to +charge and is charging us outrageous tariffs. How outrageous these +are will be seen from the admission made by Mr. Middelberg that the +short section of 10 miles between Boksburg and Krugersdorp is paying +more than the interest on the cost of the construction of the whole +line of railway to Delagoa Bay. To add these to its general revenue, +of which 10 per cent, is set aside as a sinking fund, and then to +take for itself 15 per cent. of the balance, the Company reports +annually to the Raad from Amsterdam in a language which is +practically foreign to it, and makes up its accounts in guelders, a +coinage which our legislators I venture to say know nothing of; and +this is independence. We are liable as guarantors for the whole of +the debt. Lines have been built entirely on our credit, and yet we +have no say and no control over these important public works beyond +the show of control which is supposed to be exercised by the present +Railway Commissioner. The Company in conjunction with the Executive +Government is in a position to control our destinies to an enormous +extent, to influence our relations internally and externally, to +bring about such friction with the neighbouring States as to set the +whole of South Africa in tumult. Petitions have been presented to the +Raad, but the President has constantly brushed these aside with the +well-worn argument that the independence of the State is involved in +the matter. It is involved in the matter, as all who remember the +recent Drifts question will admit. I have been told that it is +dangerous for the country to take over the railway, because it would +afford such an immense field for corruption. Surely this is the +strongest condemnation of the Government by its friends, for if it is +not fit to run a railway, how can it be fit to manage a whole State? +The powers controlling this railway are flooding the public service +with Hollanders to the exclusion of our own people, and I may here +say that in the most important departments of the State we are being +controlled by the gentlemen from the Low Country. While the innocent +Boer hugs to himself the delusion that he is preserving his +independence, they control us politically through Dr. Leyds, +financially through the Netherlands Railway, educationally through +Dr. Mansvelt, and in the Department of Justice through Dr. Coster.</p> + +<h4>CUSTOMS AND TRADE.</h4> + +<p>The policy of the Government in regard to taxation may be practically +described as protection without production. The most monstrous +hardships result to consumers, and merchants can scarcely say from +day to day where they are. Twice now has the Government entered into +competition with traders who have paid their licences and rents and +who keep staffs. Recently grain became scarce. The Government +<a id="pg.429"></a>were petitioned to suspend the duties, which are cruelly high, in +order to assist the mining industry to feed its labourers. The +Government refused this request on the plea that it was not in a +position to suspend duties without the permission of the Volksraad, +and yet within a few days we find that the Government has granted a +concession to one of its friends to import grain free of duty and to +sell it in competition with the merchants who have had to pay duties. +I do not attempt to deal with this important question adequately, but +give this example to show how the Government regards the rights of +traders.</p> + +<h4>MONOPOLIES.</h4> + +<p>It has been the steady policy of the Government to grant concessions. +No sooner does any commodity become absolutely essential to the +community than some harpy endeavours to get a concession for its +supply. There is scarcely a commodity or a right which has not been +made the subject of an application for the grant of a concession. We +all remember the bread and jam concession, the water concession, the +electric lighting concession, and many others, but I need only point +to the dynamite concession to show how these monopolies tend to +paralyse our industries. There may be some of you who have not yet +heard and some who have forgotten the facts connected with this +outrage upon public rights.</p> + +<h4>STORY OF THE DYNAMITE CONCESSION.</h4> + +<p>Some years ago, Mr. Lippert got a concession for the sole right to +manufacture and sell dynamite and all other explosives. He was to +manufacture the dynamite in this country. For years he imported +dynamite under the name of Guhr Impregne duty free. He never +manufactured dynamite in the country, and upon public exposure, the +Government was compelled to cancel the concession, the President +himself denouncing the action of the concessionnaire as fraudulent. +For a time we breathed freely, thinking we were rid of this incubus, +but within a few months the Government granted virtually to the same +people another concession, under which they are now taking from the +pockets of the public Ł600,000 per annum, and this is a charge which +will go on growing should the mining industry survive the persistent +attempts to strangle it. How a body charged with the public interests +could be parties to this scandalous fleecing of the public passes +comprehension. Then, the curious feature about the matter is that the +Government gets some petty fraction of this vast sum, and the +concessionnaires have on this plea obtained enormous advances of +public moneys from the Government, without security, to carry on +their trade. Shortly, the concessionnaires are entitled to charge +90s. a case for dynamite, while it could be bought if there were no +concession for about 30s. a case. It may be stated incidentally, that +Mr. Wolmarans, a member of the Government, has been for years +challenged to deny that he is enjoying a royalty of 2s. on every case +of dynamite sold, and that he has up to the present moment neglected +to take up the challenge. Proper municipal government is denied to +us, and we all know how much this means with regard to health, +comfort, and the value of property. The Statute Books are disfigured +with enactments imposing religious disabilities; and the English +language, the language spoken by the great bulk of the people, is +denied all official recognition. The natural result of the existing +condition of things is that the true owners of the mines are those +who have invested no capital in them—the <a id="pg.430"></a>Government, the railway +concessionnaires, the dynamite concessionnaires, and others. The +country is rich, and under proper government could be developed +marvellously, but it cannot stand the drain of the present exactions. +We have lived largely upon foreign capital, and the total amount of +the dividends available for shareholders in companies is ridiculously +small as compared with the aggregate amount of capital invested in +mining ventures. Some day the inevitable result upon our credit and +upon our trade will be forced upon us.</p> + +<h4>HATRED OF THE SAXON.</h4> + +<p>There is no disguising the fact that the original policy of the +Government is based upon intense hostility to the English-speaking +population, and that even against the enfranchised burgher of this +State there is the determination to retain all power in the hands of +those who are enjoying the sweets of office now, and naturally the +grateful crowd of relations and friends and henchmen ardently support +the existing <i>régime</i>; but there are unmistakable signs, and the +President fears that the policy which he has hitherto adopted will +not be sufficient to keep in check the growing population. It seems +the set purpose of the Government to repress the growth of the +industry, to tax it at every turn, to prevent the working classes +from settling here and making their homes and surrounding themselves +with their families, and there is no mistaking the significance of +the action of the President when he opposed the throwing open of the +town lands of Pretoria on the ground that 'he might have a second +Johannesburg there,' nor that of his speech upon the motion for the +employment of diamond drills to prospect Government lands, which he +opposed hotly on the ground that 'there is too much gold here +already.'</p> + +<h4>THE POLICY OF FORCE.</h4> + +<p>We now have openly the policy of force revealed to us. Ł250,000 is to +be spent upon the completing of a fort at Pretoria, Ł100,000 is to be +spend upon a fort to terrorize the inhabitants of Johannesburg, large +orders are sent to Krupp's for big guns, Maxims have been ordered, +and we are even told that German officers are coming out to drill the +burghers. Are these things necessary or are they calculated to +irritate the feeling to breaking point? What necessity is there for +forts in peaceful inland towns? Why should the Government endeavour +to keep us in subjection to unjust laws by the power of the sword +instead of making themselves live in the heart of the people by a +broad policy of justice? What can be said of a policy which +deliberately divides the two great sections of the people from each +other, instead of uniting them under equal laws, or the policy which +keeps us in eternal turmoil with the neighbouring States? What shall +be said of the statecraft, every act of which sows torments, +discontent, or race hatred, and reveals a conception of republicanism +under which the only privilege of the majority of the people is to +provide the revenue, and to bear insult, while only those are +considered Republicans who speak a certain language, and in greater +or less degree share the prejudices of the ruling classes?</p> + +<h4>A STIRRING PERORATION.</h4> + +<p>I think this policy can never succeed, unless men are absolutely +bereft of every quality which made their forefathers free men; unless +we have fallen so low that we are prepared to forget honour, +self-respect, <a id="pg.431"></a>and our duty to our children. Once more, I wish to +state again in unmistakable language what has been so frequently +stated in perfect sincerity before, that we desire an independent +republic which shall be a true republic, in which every man who is +prepared to take the oath of allegiance to the State shall have equal +rights, in which our children shall be brought up side by side as +united members of a strong commonwealth; that we are animated by no +race hatred, that we desire to deprive no man, be his nationality +what it may, of any right.</p> + +<h4>THE CHARTER OF THE UNION.</h4> + +<p>We have now only two questions to consider: <i>(a)</i> What do we want? +<i>(b)</i> how shall we get it? I have stated plainly what our grievances +are, and I shall answer with equal directness the question, 'What do +we want?' We want: (1) the establishment of this Republic as a true +Republic; (2) a Grondwet or Constitution which shall be framed by +competent persons selected by representatives of the whole people and +framed on lines laid down by them—a Constitution which shall be +safe-guarded against hasty alteration; (3) an equitable franchise +law, and fair representation; (4) equality of the Dutch and English +languages; (5) responsibility of the Legislature to the heads of +the great departments; (6) removal of religious disabilities; (7) +independence of the courts of justice, with adequate and secured +remuneration of the judges; (8) liberal and comprehensive education; +(9) efficient civil service, with adequate provision for pay and +pension; (10) free trade in South African products. That is what we +want. There now remains the question which is to be put before you at +the meeting of the 6th January, viz., How shall we get it? To this +question I shall expect from you an answer in plain terms according +to your deliberate judgment.</p> + +<div class="closer"> + CHARLES LEONARD,<br /> + <i>Chairman of the Transvaal National Union.</i></div> + +<div class="sectionheader"> +<a id="pg.432"></a> +<h3>APPENDIX K.</h3> + +<h3>THE CASE OF THE CHIEFTAINESS TOEREMETSJANI</h3> +</div> + +<p>On the reports which have appeared the case or cases of Toeremetsjani +<i>v</i>. P.A. Cronjé, Jesaja <i>v</i>. P.A. Cronjé and D.J. Schoeman, Segole +<i>v</i>. P.A. Cronjé and J.A. Erasmus, have attracted, as well they +might, a good deal of attention. The following <i>résumé</i> and +commentary were compiled by a legal gentleman who was present during +the trial, but not professionally employed in it.</p> + +<p>The facts revealed in the evidence (writes our correspondent) speak +pretty well for themselves, but they were brought out into lurid +prominence in the cross-examination of Commandant Cronjé by Mr. +Justice Jorissen. In order to make the case quite clear, it is as +well to state for the benefit of those who are not intimately +acquainted with things in the Transvaal that this Mr. Cronjé, who +is now the Superintendent-General of Natives, is the same Cronjé +concerning whose action in regard to Jameson's surrender there was so +much discussion. After the Jameson Raid, President Kruger, pursuing +his policy of packing the Executive with his own friends, decided to +put Cronjé upon the Executive, for which purpose he induced General +Joubert to resign his position as Superintendent-General of Natives. +The President's intention becoming known to Raad members, the +strongest possible objection was expressed to this course as being +wholly unconstitutional and in direct conflict with the Grondwet; the +President in the first place having no right to add to the number of +Executive members and no authority for appointing any person to fill +a vacancy if there were one. Notice of motion was promptly given in +the Raad to instruct the Executive not to take the proposed course, +as the Raad felt that the privilege and power of appointing members +on the Executive rested with them alone. Twenty-four hours' notice +was requisite to bring a matter up for discussion before the Raad. +President Kruger hearing that notice had been given promptly called a +meeting of the Executive and appointed Mr. Cronjé in defiance of the +notice of motion, so that when the motion came on for discussion on +the following day he replied to the Raad's instruction that it was +too late to discuss the matter, the appointment having been made. Mr. +Cronjé, therefore, appears on the scene on this occasion without much +to prejudice the unbiassed reader in his favour. The circumstances of +the surrender of the Potchefstroom garrison, which was secured by +treacherously suppressing the news of the armistice between the two +forces (a treachery for which public reparation was afterwards +exacted by Sir Evelyn Wood), the treatment of certain prisoners of +war (compelled to work for the Boers exposed to the <a id="pg.433"></a>fire and being +shot down by their own friends in the garrison), the summary +execution of other prisoners, the refusal to allow certain of the +women to leave the British garrison, resulting in the death of at +least one, are matters which although sixteen years old are quite +fresh in the memory of the people in the Transvaal. The condition of +Dr. Jameson's surrender revived the feeling that Mr. Cronjé has need +to do something remarkable in another direction in order to encourage +that confidence in him as an impartial and fair-minded man which his +past career unfortunately does not warrant. Commandant Trichard, +mentioned in this connection as a witness, was one of the commandants +who refused to confirm the terms accorded by Cronjé to Jameson. Mr. +Abel Erasmus is a gentleman so notorious that it would be quite +unnecessary to further describe him. He is the one whom Lord Wolseley +described as a fiend in human form, and threatened to "hang as high +as Haman." Abel Erasmus is the man who had desolated the Lydenburg +district; the hero of the cave affair in which men, women, and +children were closed up in a cave and burnt to death or suffocated; a +man who is the living terror of a whole countryside, the mere mention +of whose name is sufficient to cow any native. Mr. Schoeman is the +understudy of Abel Erasmus, and is the hero of the satchel case, in +which an unfortunate native was flogged well-nigh to death and +tortured in order to wring evidence from him who, it was afterwards +discovered, knew absolutely nothing about the affair. The Queen, or +Chieftainess, Toeremetsjani, is the present head of the Secocoeni +tribe and the head wife of the late chief, Secocoeni. This tribe, it +will be remembered, was the one which successfully resisted the Boers +under President Burger and Commandant Paul Kruger—a successful +resistance which was one of the troubles leading directly to the +abortive annexation of the Transvaal. The Secocoeni tribe were +afterwards conquered by British troops, and handed over to the tender +mercies of the Boer Government upon the restoration of its +independence.</p> + +<p>It is necessary to bear these facts in mind in order to realise the +hideous significance of the unvarnished tale.</p> + +<p>Now to the trial.</p> + +<p>Mr. Advocate WESSELS, who acted for the natives, gauging pretty +accurately what the defence would be, called two witnesses to prove +the <i>prima facie</i> case. Jesaja, one of the indunas flogged, whose +case was first on the roll, proved that he was flogged by order of +Commandant Cronjé without any form of trial, and without any charge +or indictment being made against him, and that he received twenty-six +lashes, the extra one being given because he declined to say 'Thank +you' for the twenty-five. Commandant Trichard next gave evidence, and +from him Mr. WESSELS elicited that Cronjé had gone through no form of +trial, but handed over Jesaja and the other twelve indunas to be +flogged by Erasmus and Schoeman.</p> + +<p>Advocate: Do you positively swear that Commandant Cronjé specified +the sentence of twenty-five lashes each?</p> + +<p>Witness: Yes.</p> + +<p>Which answer was quite in accordance with the pleas of Erasmus and +Schoeman, who stated specifically that they administered the lashes +in accordance with the orders and sentence given by Commandant +Cronjé. The Court held that a sufficient <i>prima facie</i> case had been +made out by the plaintiff, and that the onus now lay on the +defendants to prove their case. The witnesses called were Commandant +Cronjé and Mr. Stiemens, secretary to the former. Mr. Stiemens in his +evidence fully corroborated Trichard's evidence as to the passing of +the sentence by <a id="pg.434"></a>Cronjé upon the indunas and the absence of any +form of trial; and nothing more need be said about this witness. With +Mr. Cronjé's evidence, however, it is necessary to deal at length. +Mr. Cronjé admitted under cross-examination that he had not observed +any particular form of trial, although, as was pointed out, the law +dealing with native trials stated specifically 'that the rules which +govern procedure in civilized courts shall be followed as closely as +possible.' He stated that as regards the Chieftainess, he called her +up and read over to her 'point by point' 'the indictment under +which she was charged,' which indictment, however, as he admitted, +consisted merely of a letter of complaint written by Field-cornet +Schoeman to him as Superintendent-General of Natives. He claimed +that no form of trial was necessary, inasmuch as he acted under the +authority of the President, who has supreme power over natives, and +was not obliged to observe any particular form of trial. 'Point by +point I read the charge,' to use his own words, 'against the woman, +and point by point I could see by her demeanour that she was guilty.' +As regards the thirteen indunas, Mr. Cronjé admitted that he did not +know whether these were indunas. He considered them guilty, not +because they had done anything, but because in their position as +advisers of the Chieftainess they ought to have advised her better +than they appeared to have done. Instructions had therefore been +given to arrest these indunas, and they had caught as many as they +could. There was no evidence to show that they were indunas, or that +they were ever in a position to advise or had advised the +Chieftainess; in fact, it was admitted that they were a lot of +thirteen caught out of a tribe as one might catch so many sheep out +of a flock. Mr. Cronjé denied that he had sentenced these men, and +repeatedly stated that he had handed them over to Erasmus and +Schoeman, to be dealt with according to law.</p> + +<p>Mr. WESSELS cross-examined the witness upon this point as follows:—</p> + +<p>Advocate: I believe Commandant Trichard accompanied you on this +commission?</p> + +<p>Witness: Yes.</p> + +<p>Advocate: He was present throughout the whole proceeding?</p> + +<p>Witness: Yes.</p> + +<p>Advocate: He had every opportunity of knowing what took place and +what was said?</p> + +<p>Witness: Yes.</p> + +<p>Advocate: You will be surprised to hear that Mr. Trichard states that +you actually passed sentence upon the thirteen indunas in such words +as, 'I hand you over to the Native Commissioner and Field-cornet to +be dealt with according to law. And you instigators will get +twenty-five lashes each between the shoulders.' Do you positively +deny that you said anything about twenty-five lashes?</p> + +<p>Witness: Yes, I deny it.</p> + +<p>Advocate: Do you deny that you gave any indication or opinion as to +what ought to be done with these men?</p> + +<p>Witness: Yes.</p> + +<p>Advocate: Well, Mr. Cronjé, I want to know which of you two the Court +is to believe, you or Commandant Trichard?</p> + +<p>Witness: Commandant Trichard has made a mistake.</p> + +<p>Advocate: No, no, no, Mr. Cronjé, that won't do; there are no +mistakes in this business. I want you to tell the Court which of you +two men under oath is lying and which is telling the truth.</p> + +<p>Witness: Commandant Trichard is lying.</p> + +<p>(At this point there was some commotion in Court caused by Commandant +<a id="pg.435"></a>Trichard jumping up and making use of some expressions towards the +witness. The matter ended in a rather fierce altercation after the +Court adjourned.) It is only necessary to add that Mr. Stiemans, who +followed Cronjé, fully corroborated Trichard's evidence. There were +many other interesting points brought out by Mr. WESSELS in his +cross-examination, but it is unnecessary to further detail this part +of the proceedings, as the same ground was covered by Mr. Justice +Jorissen, who took the witness in hand and whose cross-examination +brought out the salient features of the case with extreme vividness +and dramatic effect. The Judge first dealt with that portion of the +evidence relating to the so-called 'trial' of the Chieftainess.</p> + +<p>Judge: Mr. Cronjé, in your evidence just now you said that you read +over to this woman the charge that was laid against her. 'Point by +point' you say you read it to her, and 'point by point you could see +by her demeanour that she was guilty.' Is that so?</p> + +<p>Witness: Yes.</p> + +<p>Judge: Very well, Mr. Cronjé, I will take the indictment, 'point by +point,' as you did. Point the first, Mr. Cronjé. (The Judge here read +the first of the seven clauses in Schoeman's letter which formed the +indictment.) Now kindly explain to me what there was in the woman's +demeanour which conveyed to you the idea that she was guilty on this +point.</p> + +<p>The witness became considerably embarrassed and did not answer.</p> + +<p>Judge: No answer, Mr. Cronjé? Well, we will take point No. 2. (The +judge dealt with all the seven clauses in a similar manner, the +witness failing to make any answer throughout. After the last point +had been dealt with and remained unanswered, the Judge addressed the +witness again amid a most impressive silence in Court).</p> + +<p>Judge: Mr. Cronjé, 'point by point' I have read to you the indictment +as you read it to the woman; 'point by point' I have asked you to +give me certain information; 'point by point' you have failed to make +any answer. Well, Mr. Cronjé, I can only tell you this, 'point by +point' I shall set that down in my notes. (After an interval, during +which the Judge filled in his notes, the examination was resumed.)</p> + +<p>Judge: Now, Mr. Cronjé, as I understand it, it was in consequence of +Field-cornet Schoeman's complaint to you as Superintendent-General of +Natives that you were sent by the Government to investigate the +matter?</p> + +<p>Witness: Yes.</p> + +<p>Judge: You called the woman up before you and read to her the +charges.</p> + +<p>Witness: Yes.</p> + +<p>Judge: You brought no evidence against her?</p> + +<p>Witness: No.</p> + +<p>Judge: You did not call upon Schoeman to produce any evidence against +her?</p> + +<p>Witness: No.</p> + +<p>Judge: His letter of complaint to you seemed sufficient?</p> + +<p>Witness: Yes.</p> + +<p>Judge: You did not give her any opportunity to bring evidence?</p> + +<p>Witness: It was not necessary.</p> + +<p>Judge: Oh, dear no; I quite understand that 'you could tell from her +demeanour that she was guilty.' But as a matter of form you did not +hear any evidence on her behalf?</p> + +<p>Witness: No.</p> + +<p>Judge: You just sentenced her out of hand.</p> + +<p><a id="pg.436"></a>Witness: I sentenced her to pay a fine.</p> + +<p>Judge: And then as regards the thirteen indunas, if they were +indunas, as you deny sentencing them we need not refer further to +that point, but I put this to you—there was no evidence brought +against them?</p> + +<p>Witness: No.</p> + +<p>Judge: There was nothing to show that these men had ever advised the +woman or were in a position to advise her; in fact, as far as the +evidence goes, there was nothing to show that they even belonged to +the tribe, but in your opinion they ought to have advised her +differently, and you therefore sentenced them to twenty-five lashes +each.</p> + +<p>Witness: I did not sentence them, but handed them over to the proper +authorities to be dealt with according to law.</p> + +<p>Judge: Oh, no, Mr. Cronjé, that is not how the case appears to me. +You came up to these people in the capacity of Judge, to do justice +as between man and man according to your lights, to follow the +procedure that is observed in civilized courts, to represent the +strength, the rights, and the responsibilities of this Republic, and +if we are to accept your evidence as true, you did not try the men +whom you were to have tried. You heard evidence neither for nor +against them, but you handed them over to—to whom, Mr. Cronjé? Not +to the proper authorities, but to Erasmus and Schoeman, the other +parties in the case which you were sent up to try. It seems to me, +Mr. Cronjé, that this is a case without parallel.</p> + +<p>There was no answer from the witness.</p> + +<p>Judge: One point more, Mr. Cronjé, and I have finished. When you +handed over these men to be dealt with, did you notify them that they +had the right of appeal from any sentence that might be imposed upon +them?</p> + +<p>Witness: Yes, I did.</p> + +<p>Judge: Right! Now, Mr. Cronjé, did you notify Erasmus and Schoeman +that they should stay execution of the sentence pending the hearing +of any appeal?</p> + +<p>After considerable pause the witness was understood to say "No."</p> + +<p>Judge: You did not tell these officials to stay execution?</p> + +<p>Witness: No.</p> + +<p>Judge: Then you merely gave these natives the right to appeal against +the sentence of lashes after they should have received the lashes?</p> + +<p>There was no answer from the witness.</p> + +<p>Judge: That will do, Mr. Cronjé. I do not think that these people +have much reason to thank you for the leave to appeal.</p> + +<p>Cronjé was followed in the witness-box by Stiemens, whose evidence is +already referred to, and the Court then adjourned.</p> + +<p>The next morning, shortly before the opening of the Court, the State +Attorney came down on behalf of the Government and arranged with +Plaintiffs' Counsel to adjourn for the day to enable parties to try +and settle the three cases out of Court. The Court thereupon +adjourned at the request of parties, and during the day the three +cases were settled on the following basis: The Government refunds +Toeremetsjani the Ł147 10s. with interest at 6 per cent, from the +date of payment by her to Erasmus, and pays her costs, to be taxed as +between attorney and client.</p> + +<p>The Defendants Cronjé, Erasmus, and Schoeman, pay each of the +thirteen indunas who were flogged Ł25 as compensation, and pay the +costs of Jesaja and Segole, to be taxed as between attorney and +client.</p> + +<h4><a id="pg.437"></a>POSTSCRIPT.</h4> + +<p>One last touch of irony is needed to complete the story of the suits +brought by the Chieftainess Toeremetsjani and her indunas against +Messrs. Erasmus, Schoeman, and the rest. It seems that these same +gentlemen have actually been appointed by the Government to +'investigate matters' in the district where these Kaffirs live. Poor +Toeremetsjani and the unfortunate indunas, as a contemporary remarks, +may be expected to give a grovelling welcome. No more High Court for +them.</p> + +<p>The natives, by the way, interviewed since their return to the +kraals, state that they have not yet received the settlement +arranged.</p> + +<p>In connection with the above sample of justice to the natives it is +as well to recall another recent incident which has lately taken +place. Some natives being severely mishandled by the local +authorities, and being in consequence destitute of means to proceed +against them in law, applied to Court for leave to sue <i>in forma +pauperis</i>. This leave was granted. Immediately upon this becoming +known petitions were got up among the Boers, with the result that the +Volksraad some six weeks ago took a resolution instructing the +Government to immediately bring in a law forbidding the judges to +grant such leave, and making it impossible for a native to sue +Government or any white person <i>in forma pauperis</i>. Comment +(concludes the correspondent who sets out these various facts) is +superfluous.</p> + +<div class="sectionheader"> +<a id="pg.438"></a> +<h3>APPENDIX L.</h3> +</div> + +<div class="opener"> + 59, HOLBORN VIADUCT, LONDON, E.C.<br /> + <i>6th May, 1897.</i></div> + +<p>REPORT ON THE LETTER WRITTEN ON A TORN TELEGRAM FORM SIGNED "F.R.", +BY MR. T.H. GURRIN, EXPERT IN HANDWRITING.</p> + +<p>Mr. THOMAS HENRY GURRIN, of 59, Holborn Viaduct, London, E.C., is a +professional expert in handwriting, recognized and employed by the +Director of Public Prosecutions, the Home Office, and the authorities +at Scotland Yard, and is constantly engaged by them in that capacity. +He is also frequently engaged in the same capacity by the Bank of +England and other public bodies.</p> + +<p>He has acted as handwriting expert in a very large number of civil +and criminal cases at sessions, assizes, and before the High Courts, +for over twelve years past, and can conscientiously say that his +experience in the identification of genuine handwriting and the +detection of forged and altered documents is very extensive.</p> + +<p>Mr. Gurrin begs respectfully to submit the following report:—</p> + +<p>'Having been instructed by Mr. Braunstein, solicitor, of 27, Great +George Street, Westminster, I have examined a photograph of torn +portions of a letter written on a telegram form of the South African +Republic.</p> + +<p>'My attention has been directed to the evidence of Major Sir J.C. +Willoughby, appearing at page 302 of the Minutes, in which he has +given his version of the missing portions of this document.</p> + +<p>'I have compared this version of the missing words with the vacant +spaces, and I find that the words supplied in question 5,571 would +occupy, as near as can be estimated, the missing spaces, judging from +the other writing in the document.</p> + +<p>'I read the first portion of the document as follows:—</p> + +<pre> + '"Dear Dr., + "The rumour of massacre in" + "Johannesburg that started you to our" + "relief was not true. We are all right;" + "feeling intense; we have armed" + "a lot of men. Shall (not 'I shall') be very glad" + "to see you. We are not in possession of" + "town."</pre> + +<p><a id="pg.439"></a>'Major Sir J.C. Willoughby reads line 6, "We (or the Boers)." It +cannot possibly be "the Boers," as the first letter is clearly a +portion of a capital "W," and corresponds with the first portion of +the "W" as made at line 3; and further, there would be no room for +the two words "the Boers," between the portion of the letter "W" and +the word "not."</p> + +<p>'Again, I am of opinion that the last word in line 6 was "of," as +there is still visible an ascending curved stroke corresponding to +that with which the writer terminates the letter "f."</p> + +<p>'With reference to the rest of the version as contained in question +5,573, I respectfully submit that the missing words supplied are +absolutely inconsistent with the spaces which these words would +occupy if written naturally by the same writer.</p> + +<p>'The words "I will bring at least three hundred" do not correspond +with the still existing marks on line 7. The portion of a letter +appearing in the middle of the line would not, as far as I can judge, +be a part of any of the words suggested which would come at the +centre of that line. It might be a part of a capital "W," or an +initial "p," or it might be a final "d" turned back to the left, and +the last letter in the line looks as though it was intended for an +"e." In support of this theory, I compare it with the "e" at the end +of the word "true" in line 3, and the "e" at the end of "intense," +line 4. The writer, when making a final "d," makes the latter +portion of the letter something like this, but in the instances in +this document he exerts more pressure than we find here, see, for +instance, the "d" in "started," at line 2, the "d" in "glad," in +line 5, and "d" in "armed," line 4. Besides, I cannot think that this +can be the end of the word "hundred," as, judging from the length of +the word "started," the word "hundred" would have occupied from the +third vertical line, and this would certainly leave no room for +the other words suggested in the version given by Major Sir J.C. +Willoughby, viz.: "We will bring at least, or about three." If the +words "will send out some," or "we will send out some," are written +in line 7 after the word "town," adopting, as nearly as possible, the +space that would have been occupied by the writer for these words, +they will just fill the line. In like manner, with regard to line 8, +there is just room after the words "men to" for the two words "meet +you," and the small mark appearing before the full stop might +have been the terminal of the letter "u," but it would have been +impossible to get into this small space the words "meet you at +Krugersdorp," and even if the words "meet you at" were omitted, and +if it be assumed that the word which originally stood there was +"Krugersdorp," then the mark appearing before the full stop could +not by any theory be construed as having been a portion of the +letter "p," as I have examined various specimens of Colonel Rhodes' +handwriting, and have seen him write specimens containing the letter +"p" and find that he does not terminate a "p" with any stroke of this +description, but that he terminates it inside the oval portion of the +letter near the downstroke. With regard to the rest of the line, the +last two letters appear to have been "ne," and there is a dot just in +the position that would apparently have been occupied by the dot had +the previous letter been "i." Consequently, I am of opinion that the +theory that the words "will send," or "we will send out some men to +meet you," "you are a fine fellow," is perfectly consistent with the +spaces left in the torn document, but that the theory that the words +which were originally in the spaces were "I will bring at least or +about three hundred men to meet you at Krugersdorp, you are a gallant +<a id="pg.440"></a>fellow," is not only inconsistent with the amount of space available, +but does not fit in with the letters and portions of letters still +visible.</p> + +<div class="closer"> + 'T.H. GURRIN.'</div> + +<p>Contents of the letter according to a statement signed by Dr. +Jameson, Sir John Willoughby, Major Robert White and Colonel Raleigh +Grey:—</p> + +<p>'The rumour of massacre in Johannesburg that started you to our +relief was not true. We are all right, feeling intense. We have armed +a lot of men. I shall be very glad to see you. We (or the Boers) are +not in possession of the town. I will bring at least, or about, 300 +men to meet you at Krugersdorp. You are a gallant fellow.'</p> + +<p>According to Colonel Francis Rhodes and Mr. Lionel Phillips, the +contents are as follows:—</p> + +<p>'The rumour of massacre in Johannesburg that started you to our +relief was not true. We are all right, feeling intense. We have armed +a lot of men. Shall be very glad to see you. We are not in possession +of the town. We will send out some men to meet you. You are a fine +fellow.'</p> + +<p>'We, the undersigned, were present in the Reform Committee's room +when Colonel Rhodes despatched the letter to Dr. Jameson, which +commences, "Dear Dr.—The rumour of massacre." We read the letter, +but cannot now recall the exact words on the missing fragments; but +we do hereby declare on oath that there was no offer of 300 men, nor +of any other specific number of men, nor was the word Krugersdorp +mentioned. The spirit of the letter was to suggest that a few men +should or would be sent in the character of a complimentary escort to +show Dr. Jameson his camp.</p> + +<div class="closer"> + 'GEO. W. FARRAR.<br /> + 'S.W. JAMESON.</div> + +<p> 'As witness—<br /> + 'J. Percy FitzPatrick.<br /> + 'Johannesburg, <i>10th April, 1897</i>.'</p> + + + + + + + + +<pre> + + + + + +End of Project Gutenberg's The Transvaal from Within, by J. P. 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Thus, we do not necessarily +keep eBooks in compliance with any particular paper edition. + +Most people start at our Web site which has the main PG search facility: + + https://www.gutenberg.org + +This Web site includes information about Project Gutenberg-tm, +including how to make donations to the Project Gutenberg Literary +Archive Foundation, how to help produce our new eBooks, and how to +subscribe to our email newsletter to hear about new eBooks. + +*** END: FULL LICENSE *** + + + +</pre> + +</body> +</html> + diff --git a/16494-h/images/transv01.png b/16494-h/images/transv01.png Binary files differnew file mode 100644 index 0000000..a504eec --- /dev/null +++ b/16494-h/images/transv01.png diff --git a/16494.txt b/16494.txt new file mode 100644 index 0000000..fc9050b --- /dev/null +++ b/16494.txt @@ -0,0 +1,20314 @@ +Project Gutenberg's The Transvaal from Within, by J. P. Fitzpatrick + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Transvaal from Within + A Private Record of Public Affairs + +Author: J. P. Fitzpatrick + +Release Date: August 9, 2005 [EBook #16494] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK THE TRANSVAAL FROM WITHIN *** + + + + +Produced by Jonathan Ingram, Andrew Sly and the Online +Distributed Proofreading Team at https://www.pgdp.net + + + + + + +THE TRANSVAAL FROM WITHIN + +A Private Record of Public Affairs + +BY +J.P. FITZPATRICK +AUTHOR OF 'THE OUTSPAN' + + +LONDON +WILLIAM HEINEMANN +1899 + + +_Written August, 1896. +Privately circulated June, 1899. +Supplemented and published September 1899._ + + + +PREFACE + + +It was originally designed to compile a statement of the +occurrences of 1895-6 in the Transvaal and of the conditions +which led up to them, in the hope of removing the very grave +misunderstandings which existed. Everybody else had been heard and +judged, the Uitlander had only been judged. It therefore seemed +proper that somebody should attempt to present the case for the +Uitlander. The writer, as a South African by birth, as a resident +in the Transvaal since 1884, and lastly as Secretary of the Reform +Committee, felt impelled to do this, but suffered under the +disability of President Kruger's three years' ban; and although it +might possibly have been urged that a plain statement of facts and +explanations of past actions could not be fairly regarded as a +deliberate interference in politics, the facts themselves when set +out appeared to constitute an indictment so strong as to make it +worth while considering whether the Government of the Transvaal would +not regard it as sufficient excuse to put in force the sentence of +banishment. The postponement of publication which was then decided +upon for a period of three years appeared to be tantamount to the +abandonment of the original purpose, and the work was continued with +the intention of making it a private record to be printed at the +expiry of the term of silence, and to be privately circulated among +those who were personally concerned or interested; a record which +might perhaps be of service some day in filling in a page of South +African history. + +The private circulation of that work during June of the present +year led to suggestions from many quarters that it should be +supplemented by a chapter or two dealing with later events and +published; and the present volume is the outcome of these +suggestions. + +It is realized that much of what might properly appear in a private +record will be considered rather superfluous in a book designed for +wider circulation. For instance, a good deal of space is given to +details of the trial and the prison life of the Reformers, which are +of no interest whatever to the public, although they form a record +which the men themselves may like to preserve. These might have been +omitted but that the writer desired to make no alterations in the +original text except in the nature of literary revision. + +The writer may be charged by the "peace" party with deliberately +selecting a critical and anxious time as opportune to contribute a +new factor to those already militating against a peaceful settlement. +Two replies could be made to this: one an excuse and one an answer. +It would be an excuse that the writer did not deliberately select +the time of publication, but that the Transvaal Government in its +wisdom chose to impose silence for three years, and that the project +with which their action had interfered was resumed at the earliest +possible moment. The coincidence of another crisis with the date of +emancipation may be an unlucky coincidence, or it may be a result. +But there is neither necessity nor intention to offer excuses. The +responsibility is accepted and the answer is that a case so sound +needs only to be understood, that a recital of the facts must help +to dispel the mists of race prejudice and misunderstanding which are +obscuring the judgment of many; and that a firm but strictly just +and dignified handling of the question by the Imperial Government +is the only possible way to avert a catastrophe in South Africa. It +is essential therefore that first of all the conditions as they are +should be understood; and this record is offered as a contribution +to that end. Let the measure of its truth be the measure of its +usefulness! + +The reader is not invited to believe that the case is presented in +such form as it might have been presented by an impartial historian. +It is the Transvaal _from within_, by one who feels all the +injustice and indignity of the position. With the knowledge, however, +that a good case is spoiled by overstatement and with the desire to +avoid injustice to others an earnest attempt has been made to state +the facts fairly. In how far that attempt has been successful the +reader must decide for himself. + +J.P.F. + _July, 1899._ + + + + +NOTE + + +It has been impossible to avoid in this volume more or less pointed +reference to certain nationalities in certain connections; for +instance such expressions as "the Boers," "the Cape Dutch," "the +Hollanders," "the Germans," are used. The writer desires to say once +and for all that unless the contrary is obviously and deliberately +indicated, the distinctions between nationalities are intended in the +political sense only and not in the racial sense, and if by mischance +there should be found something in these pages which seems offensive, +he begs the more indulgent interpretation on the ground of a very +earnest desire to remove and not to accentuate race distinctions. + +General references are also made to classes--"the civil service," +"the officials," &c. There are officials in the Transvaal service +who would earn the confidence and esteem of the public in any +administration in the world. It is hardly necessary to say that there +is no intention to disparage them. + + + + +CONTENTS + +PART I. + CHAPTER I. EARLIER DAYS 1 + CHAPTER II. AFTER THE WAR 44 + CHAPTER III. THE ORIGIN OF THE MOVEMENT 117 + CHAPTER IV. THE REFORM COMMITTEE 137 + CHAPTER V. THE COMMITTEE'S DILEMMA 151 + CHAPTER VI. THE INVASION 173 + CHAPTER VII. AFTER DOORNKOP 200 + CHAPTER VIII. ARREST AND TRIAL OF THE REFORMERS 222 + CHAPTER IX. LIFE IN GAOL 251 + +PART II. + CHAPTER X. THREE YEARS' GRACE 285 + CHAPTER XI. THE BEGINNING OF THE END 333 + +APPENDICES. + APPENDIX A. Pretoria Convention. 369 + APPENDIX B. London Convention. 377 + APPENDIX C. President Kruger's Affairs in the Raads. 385 + APPENDIX D. Volksraad Debates. 387 + APPENDIX E. Malaboch. 395 + APPENDIX F. The Great Franchise Debate. 396 + APPENDIX G. Terms of Dr. Jameson's Surrender. 404 + APPENDIX H. Sir John Willoughby's Report to the War Office. 411 + APPENDIX I. Manifesto. 422 + APPENDIX K. The Case of the Chieftainess Toeremetsjani. 432 + APPENDIX L. Report on the Letter written on a Torn Telegram Form + signed "F.R.," by Mr. T.H. Gurrin, Expert in Handwriting. 438 + + + + + +PART I. + + + + +CHAPTER I. + +IN EARLIER DAYS. + + +When, before resorting to extreme measures to obtain what the +Uitlanders deemed to be their bare rights, the final appeal or +declaration was made on Boxing Day, 1895, in the form of the +manifesto published by the Chairman of the National Union, President +Kruger, after an attentive consideration of the document as +translated to him, remarked grimly: 'Their rights. Yes, they'll get +them--over my dead body!' And volumes of explanation could not better +illustrate the Boer attitude and policy towards the English-speaking +immigrants. + +'L'Etat c'est moi' is almost as true of the old Dopper President as +it was of its originator; for in matters of external policy and in +matters which concern the Boer as a party the President has his way +as surely and as completely as any anointed autocrat. To anyone who +has studied the Boers and their ways and policy--who has given more +than passing consideration to the incidents and negotiations of the +present year{01}--it must be clear that President Kruger does +something more than represent the opinion of the people and execute +their policy: he moulds them in the form he wills. By the force of +his own strong convictions and prejudices, and of his indomitable +will, he has made the Boers a people whom he regards as the germ of +the Africander nation; a people chastened, selected, welded, and +strong enough to attract and assimilate all their kindred in South +Africa, and then to realize the dream of a Dutch Republic from the +Zambesi to Capetown. + +In the history of South Africa the figure of the grim old President +will loom large and striking--picturesque, as the figure of one who +by his character and will made and held his people; magnificent, as +one who in the face of the blackest fortune never wavered from his +aim or faltered in his effort; who, with a courage that seemed, and +still seems, fatuous, but which may well be called heroic, stood up +against the might of the greatest empire in the world. And, it may +be, pathetic, too, as one whose limitations were great, one whose +training and associations--whose very successes--had narrowed, and +embittered and hardened him; as one who, when the greatness of +success was his to take and to hold, turned his back on the supreme +opportunity, and used his strength and qualities to fight against the +spirit of progress, and all that the enlightenment of the age +pronounces to be fitting and necessary to good government and a +healthy State. + +To an English nobleman, who, in the course of an interview, remarked, +'My father was a Minister of England, and twice Viceroy of Ireland,' +the old Dutchman answered, 'And my father was a shepherd!' It was not +pride rebuking pride; it was the ever-present fact which would not +have been worth mentioning but for the suggestion of the antithesis. +He too was a shepherd, and is--a peasant. It may be that he knows +what would be right and good for his people, and it may be not; but +it is sure that he realizes that to educate would be to emancipate, +to broaden their views would be to break down the defences of their +prejudices, to let in the new leaven would be to spoil the old bread, +to give unto all men the rights of men would be to swamp for ever the +party which is to him greater than the State. When one thinks on the +one-century history of the people, much is seen that accounts for +their extraordinary love of isolation, and their ingrained and +passionate aversion to control; much too that draws to them a world +of sympathy. And when one realizes the old Dopper President hemmed in +once more by the hurrying tide of civilization, from which his people +have fled for generations--trying to fight both fate and +Nature--standing up to stem a tide as resistless as the eternal +sea--one sees the pathos of the picture. But this is as another +generation may see it. + +To-day we are too close--so close that the meaner details, the +insincerity, the injustice, the barbarity--all the unlovely touches +that will by-and-by be forgotten--sponged away by the gentle hand of +time, when only the picturesque will remain. + +In order to understand the deep, ineradicable aversion to English +rule which is in the heart and the blood and the bones of every Boer, +and of a great many of their kindred who are themselves British +subjects, one must recall the conditions under which the Dutch came +under British rule. When, in 1814, the Cape was finally ceded to +England, it had been twice acquired and held by conquest. The +colonists were practically all Dutch, or Huguenots who had adopted +Dutch as their language, and South Africa as their home. In any case +they were people who, by tradition, teaching and experience, must +have regarded the English as their enemies; people in whom there must +have been roused bitter resentment against being handed over with the +land to their traditional enemies. Were they serfs or subjects? has +been asked on their behalf. Had Holland the right, the power, over +freemen born, to say to them, 'You are our subjects, on our soil, and +we have transferred the soil and with it your allegiance to England, +whose sovereignty you will not be free to repudiate.' The Dutch +colonist said 'No.' The English Government and the laws of the day +said 'Yes.' + +Early in the century the Boers began to trek away from the sphere of +British rule. They were trekkers before that, indeed. Even in the +days of Van Riebeck (1650) they had trekked away from the crowded +parts, and opened up with the rifle and the plough new reaches of +country; pioneering in a rough but most effective way, driving back +the savage races, and clearing the way for civilization. There is, +however, a great difference to be noted between the early treks of +the emigrants and the treks 'from British rule.' In the former (with +few exceptions) they went, knowing that their Government would follow +them, and even anxious to have its support and its representatives; +and the people who formed their migrating parties were those who had +no or insufficient land in the settled parts, those who were starting +life on their own account, or those whose families could not be +located and provided for in the cramped circumstances of the more +occupied parts. In the other case, rich and poor, old and young, +went off as in the days and in the fashion of Moses or Abraham. They +went without leave or help of the Government; secretly or openly +they went, and they asked nothing but to be left alone. They left +their homes, their people, the protection of an established +Government and a rough civilization, and went out into the unknown. +And they had, as it appeared to them, and as it will appear to many +others, good reasons for taking so grave a step. For, although the +colonists of South Africa enjoyed better government, and infinitely +more liberty, under British rule, than they had under the tyrannical +_regime_ of the Dutch East India Company twenty years before +(against which the Boers had twice risen in rebellion) there were +many things which were not as they should have been. A generation +had grown up which knew nothing of the arbitrary and oppressive rule +of the old Dutch Company. Simple folks have long memories, and all +the world over injuries make a deeper and more lasting impression +than benefits; and the older generation of Boers, which could recall +a condition of things contrasting unpleasantly with British rule, +also remembered the executions of Slagters Nek--a vindication of the +law which, when all allowance has been made for disturbed times, and +the need of strong measures to stop rebellion in a newly-acquired +country, seems to us to-day to have been harsh, unnecessary, and +unwise in policy, and truly terrible in the manner of fulfilment. + +The Boers have produced from their own ranks no literary champion to +plead or defend their cause, and their earlier history is therefore +little known, and often misunderstood; but to their aid has come Mr. +George McCall Theal, the South African historian, whose years of +laborious research have rescued for South Africa much that would +otherwise have been lost. In his 'History of the Boers' Mr. Theal +records the causes of the great emigration, and shows how the Boers +stood up for fair treatment, and fought the cause, not of Boers +alone, but of all colonists. Boers and British were alike harshly and +ignorantly treated by high-handed Governors, and an ill-informed and +prejudiced Colonial Office, who made no distinction on the grounds +of nationality between the two; for we read that Englishmen had been +expelled the country, thrown in gaol, had their property +confiscated, and their newspapers suppressed for asserting their +independence, and for trifling breaches of harsh laws. The following +extract gives the best possible synopsis of the causes, and should +whet an appetite which can be gratified by the purchase of Mr. +Theal's book: + +Why, then, did these men abandon their homes, sacrifice whatever +property could not be carried away, and flee from English rule as +from the most hateful tyranny? The causes are stated in a great mass +of correspondence addressed by them to the Colonial Government, and +now preserved, with other colonial records, in declarations published +by some of them before leaving, in letters to their relatives and to +newspapers, and in hundreds of pages of printed matter, prepared by +friendly and hostile hands. The declaration of one of the ablest men +among them assigns the following as the motives of himself and the +party that went with him: + + 'GRAHAM'S TOWN, + '_January 22, 1837_ + +'1. We despair of saving the colony from those evils which threaten +it by the turbulent and dishonest conduct of vagrants who are allowed +to infest the country in every part; nor do we see any prospect of +peace or happiness for our children in a country thus distracted by +internal commotions. + +'2. We complain of the severe losses which we have been forced to +sustain by the emancipation of our slaves, and the vexatious laws +which have been enacted respecting them. + +'3. We complain of the continual system of plunder which we have for +years endured from the Kaffirs and other coloured classes, and +particularly by the last invasion of the colony, which has desolated +the frontier districts, and ruined most of the inhabitants. + +'4. We complain of the unjustifiable odium which has been cast upon +us by interested and dishonest persons, under the name of religion, +whose testimony is believed in England, to the exclusion of all +evidence in our favour; and we can foresee, as the result of this +prejudice, nothing but the total ruin of the country. + +'5. We are resolved, wherever we go, that we will uphold the just +principles of liberty; but, whilst we will take care that no one is +brought by us into a condition of slavery, we will establish such +regulations as may suppress crime, and preserve proper relations +between master and servant. + +'6. We solemnly declare that we leave this colony with a desire to +enjoy a quieter life than we have hitherto had. We will not molest +any people, nor deprive them of the smallest property; but, if +attacked, we shall consider ourselves fully justified in defending +our persons and effects, to the utmost of our ability, against every +enemy. + +'7. We make known that when we shall have framed a code of laws for +our guidance, copies shall be forwarded to this colony for general +information; but we take the opportunity of stating that it is our +firm resolve to make provision for the summary punishment, even with +death, of all traitors, without exception, who may be found amongst +us. + +'8. We purpose, in the course of our journey, and on arrival at the +country in which we shall permanently reside, to make known to the +native tribes our intentions, and our desire to live in peace and +friendly intercourse with them. + +'9. We quit this colony under the full assurance that the English +Government has nothing more to require of us, and will allow us to +govern ourselves without its interference in future. + +'10. We are now leaving the fruitful land of our birth, in which we +have suffered enormous losses and continual vexation, and are about +to enter a strange and dangerous territory; but we go with a firm +reliance on an all-seeing, just, and merciful God, whom we shall +always fear, and humbly endeavour to obey. + +'In the name of all who leave the colony with me, + + 'P. RETIEF.' + +But formal declarations such as the above are not in all instances to +be trusted. It is much safer to compare numerous documents written at +different times, by different persons, and under different +circumstances. For our subject this means of information is as +complete as can be desired. The correspondence of the emigrants with +the Cape Government was the work of many individuals, and extended +over many years. The letters are usually of great length, badly +constructed, and badly spelt--the productions, in short, of +uneducated men; but so uniform is the vein of thought running through +them all, that there is not the slightest difficulty in condensing +them into a dozen pages. When analyzed, the statements contained in +them are found to consist of two charges, one against the Imperial +Government, the other against the agents in South Africa of the +London Missionary Society. + +The Imperial Government was charged with exposing the white +inhabitants of the colony, without protection, to robbery and murder +by the blacks; with giving credence in every dispute to statements +made by interested persons in favour of savages, while refusing to +credit the testimony, no matter how reliable, of colonists of +European extraction; with liberating the slaves in an unjust manner; +and generally with such undue partiality for persons with black skins +and savage habits, as to make it preferable to seek a new home in the +wilderness than remain under the English flag. + +The missionaries of the London Society were charged with usurping +authority that should properly belong to the civil magistrate; with +misrepresenting facts; and with advocating schemes directly hostile +to the progress of civilization, and to the observance of order. And +it was asserted that the influence of these missionaries was all +powerful at the Colonial Office in London, by which the colony, +without a voice in the management of its affairs, was then ruled +absolutely. + +In support of the charges against the Imperial Government, the +emigrants dwelt largely upon the devastation of the eastern districts +by the Kaffirs' inroad of December, 1834, which was certainly +unprovoked by the colonists. Yet Lord Glenelg, who was then Secretary +of State for the Colonies, justified the Kaffirs, and not only +refused to punish them, but actually gave them a large slip of land, +including the dense jungles along the Fish River, that had long +been part of the colony; and made no other provision against the +recurrence of a destructive invasion than a series of treaties with a +number of barbarous chiefs, who had no regard for their engagements. +This event is the most prominent feature in the correspondence of +the emigrants; it is fairly recorded, and the language used is in +general much more moderate than that employed by the English +frontier colonists when relating the same circumstance. + +Next stands the removal of all restraint from the coloured population +of the colony, without the protection to the whites of even a Vagrant +Act. Several of the colonial divisions had been for ten or twelve +years overrun by fugitives from the Basuto and Betshuana countries, +who had been driven from their own homes by the troubles already +recorded. These people were usually termed Mantatees or Makatees, +from the supposition that they were all subjects of Ma Ntatisi. +Towards the eastern frontiers Kaffirs, and after the war Fingos, +wandered about practically wherever they chose. In the remainder of +the colony Hottentots, free blacks, and mixed breeds came and went as +they pleased. How is it possible, said the farmers, for us to +cultivate the ground, or breed cattle, with all these savages and +semi-savages constantly watching for opportunities to plunder +us--with no police, and no law under which suspicious characters can +be arrested and made to account for their manner of living? + +Much is said of the reproofs of Sir Benjamin D'Urban by the Secretary +of State, and, after 1838, of the dismissal of that Governor, (1) The +emigrants asserted that he was the best Governor the colony had had +since it became subject to England; they dwelt upon his benevolence, +his ability, his strict justice, his impartiality to white and black, +his efforts to promote civilization; and then they complained, in +words more bitter than are to be found when they referred to any +other subject, that the good Governor had been reproved, and finally +deprived of his office, because he had told the plain truth, +regardless of the London Missionary Society; and had endeavoured to +mete out to black criminals the same justice that he would have meted +out had they been white. There is now no one in South Africa who does +not agree with the emigrants in this matter. Nearly half a century +has passed away since Sir Benjamin D'Urban was forced into retirement +by Lord Glenelg; and during that period the principal measures which +he proposed have been approved of and adopted, while the successors +of those missionaries who were his bitter opponents are at present +among the strongest advocates of his system of dealing with the +natives. + +Sir Benjamin D'Urban remained in South Africa, after being deprived +of office, until the reversal of his policy towards the natives was +admitted by most people even in England to have been a mistake. He +did not leave the Cape until April, 1846, just after the commencement +of the War of the Axe. + +Concerning the liberation of the slaves, there is less in this +correspondence than one might reasonably expect to find. Many scores +of pages can be examined without any allusion whatever to it. Nowhere +is there a single word to be found in favour of slavery as an +institution; the view of the emigrants, with hardly an exception, +being fairly represented in the following sentence, taken from a +letter of the Volksraad at Natal to Sir George Napier: 'A long and +sad experience has sufficiently convinced us of the injury, loss, and +dearness of slave labour, so that neither slavery nor the slave trade +will ever be permitted among us.' + +[The allusions to the emancipation of slaves, and to slavery as an +institution, will be considered by many to need some modification or +explanation. The Dutch even to-day speak of the emancipation as the +real cause of the great exodus; and the system of indenture, and +the treatment of natives generally by the Boers, cannot fairly be +regarded as warranting the view expressed by Mr. Theal in connection +with this letter to Sir George Napier.] + +It is alleged, however, that the emancipation, as it was carried out, +was an act of confiscation. It is stated that most of the slaves were +brought to the colony in English ships, and sold by English subjects; +that when, in 1795, the colony was invited by English officers of +high rank to place itself under the protection of England, one of the +inducements held out was security in slave property; at the same time +those officers warning the colonists that if France obtained +possession she would liberate the slaves, as she had done in +Martinique, thereby ruining this colony as she had ruined that +island; that the English Government had recently and suddenly changed +its policy, and required them to conform to the change with equal +alacrity, whereas they were convinced that gradual emancipation, with +securities against vagrancy, was the only safe course. The +emancipation had been sudden, and the slaves had been placed upon a +perfect political equality with their former proprietors. The +missionaries applauded this as a noble and generous act of the +Imperial Government, and they were told that by everyone in England +it was so regarded. But at whose expense was this noble and generous +act carried out? Agents of the Imperial Government had appraised the +slaves, generally at less than their market value. Two-fifths of this +appraisement, being the share apportioned to the Cape out of the +twenty million pounds sterling voted by the Imperial Parliament, had +then been offered to the proprietors as compensation, if they chose +to go to London for it, otherwise they could only dispose of their +claims at a heavy discount. Thus, in point of fact, only about +one-third of the appraised amount had been received. To all +slave-holders this had meant a great reduction of wealth, while to +many of those who were in debt it was equivalent to the utter +deprivation of all property. + +As regards the missionaries, a crusade was organized by some of these +worthies, who had themselves married Kaffir women, and who spared no +effort and showed no scruple in blackening the name of colonist. + +The views and interests of the colonists and of these men were so +different that concord was hardly possible. The missionaries desired +that the blacks should be collected together in villages: the +colonists were unwilling that they should be thus withdrawn from +service. 'Teach them the first step in civilization, to labour +honestly for their maintenance, and add to that oral instruction in +the doctrines of Christianity,' said the colonists. 'Why should they +be debarred from learning to read and write? And as there can only be +schools if they are brought together in villages, why should they not +be collected together?' replied the missionaries. + +Then came another and a larger question. By whom should the waste +places of the land, the vast areas which were without other occupants +than a few roving Bushmen, be peopled? 'By the white man,' said the +colonists; 'it is to the advantage of the world in all time to come +that the higher race should expand and be dominant here; it would be +treason to humanity to prevent its growth where it can grow without +wrong to others, or to plant an inferior stock where the superior can +take root and flourish.' 'By Africans,' said the missionaries; 'this +is African soil; and if mission stations are established on its +desolate tracts, people will be drawn to them from the far interior, +the community will grow rapidly, those enlightened by Christianity +here will desire in their turn to enlighten their friends beyond, and +thus the Gospel teaching will spread until all Africa stretches out +its hands to God.' Coupled with such arguments, which were constantly +used by missionaries in the early part of this century, before their +enthusiasm was cooled by experience, were calculations that appealed +strongly to the commercial instincts of people in England. A dozen +colonial farmers required something like a hundred square miles of +land for their cattle runs; on this same ground, under missionary +supervision, three or four hundred families of blacks could exist; +these blacks would shortly need large quantities of manufactured +goods; and thus it would be to the interest of trade to encourage +them rather than the colonists. 'Already,' said they, 'after only a +few years' training, many blacks can read as well or better than the +ordinary colonists, and are exhibiting a decided taste for +civilization.' + +There was thus a broad line of demarcation between the colonists and +such of the missionaries as held these views, and the tendency on +each side was to make it still broader. It was deepened into positive +antipathy towards those missionaries who, following Dr. Vanderkemp's +example, united themselves in marriage with black women, and +proclaimed themselves the champions of the black population against +the white. Everyone acquainted with South African natives knows how +ready they are to please their friends by bringing forward charges +against anyone whom those friends dislike. Unfortunately the +missionaries Vanderkemp and Read were deceived into believing a great +number of charges of cruelty made against various colonists, which a +little observation would have shown in most instances to be +groundless; and thereupon they lodged accusations before the High +Court of Justice. In 1811 between seventy and eighty such cases came +before the Circuit Court for trial. There was hardly a family on the +frontier of which some relative was not brought as a criminal before +the judges to answer to a charge of murder or violent assault. +Several months were occupied in the trials, and more than a thousand +witnesses were examined, but in every instance the most serious +charges were proved to be without foundation. Only a few convictions, +and those of no very outrageous crimes, resulted from these +prosecutions, which kept the entire colony in a ferment until long +after the circuit was closed. + +Thus far everyone will approve of the sentiments of one party or the +other according to his sympathy, but in what follows no unprejudiced +person who will take the trouble to study the matter thoroughly can +acquit the anti-colonial missionaries of something more faulty than +mere error of judgment. For years their writings teemed with charges +against the colonists similar to those they had brought before the +High Court of Justice. These writings were circulated widely in +Europe, where the voice of the colonists was never heard, and they +created impressions there which no refutation made in South Africa +could ever counteract. The acts, the language, even the written +petitions of the colonists, were so distorted in accounts sent home, +that these accounts cannot now be read by those who have made +themselves acquainted with the truth, without the liveliest feelings +of indignation being excited. + +The colonists learned that in England they were regarded as cruel +barbarians because they refused to permit Hottentot herds, swarming +with vermin, to be seated in their front rooms at the time of family +prayer. They found themselves pictured as the harshest of +taskmasters, as unfeeling violators of native rights. And of late +years it had become plain to them that the views of their opponents +were being acted upon at the Colonial Office, while their complaints +were wholly disregarded. + +Several causes of dissatisfaction, besides those above mentioned, +contributed to the impulse of emigration, but all in a very slight +degree. Judge Cloete, in his 'Five Lectures,' mentions the severe +punishment inflicted upon the frontier insurgents of 1815 as one of +them; and there is no doubt that it was so with some families, though +no trace of it can be found in the correspondence of the emigrants. +The substitution in 1827 of the English for the Dutch language in the +colonial courts of law was certainly generally felt as a grievance. +The alteration in 1813 of the system of land tenure, the redemption +in 1825 of the paper currency at only thirty-six hundredths of its +nominal value, and the abolition in 1827 of the courts of landdrost +and heemraden, unquestionably caused much dissatisfaction, though all +of these measures are now admitted by everyone to have been +beneficial. The long delay in issuing titles to farms, the cost of +which has been paid to Government years before, is mentioned as a +grievance in some of the declarations. + +Two parties--men, women, and children--numbering ninety-eight in all, +pioneered the great trek; of these twenty-six survived fever and +fighting, loss of provisions, waggons, and cattle, and a long weary +tramp from Zoutpansberg to Delagoa Bay, and were rescued and taken +thence to Natal, and two children were carried off by the natives. +The survivors were three women with their twelve children--seven +orphan children and four youths. Not a single grown man escaped. + +During the winter of 1836 preparations for emigration were being made +over the eastern and midland districts. The Governor was perfectly +helpless in the matter. The Attorney-General, Mr. A. Oliphant, was +consulted by the Governor, and gave his opinion that 'it seemed next +to an impossibility to prevent persons passing out of the colony by +laws in force, or by any which could be framed.' On August 19 Sir +Benjamin D'Urban wrote to the Lieutenant-Governor, Sir Andries +Stockenstrom, that 'he could see no means of stopping the emigration, +except by persuasion, and attention to the wants and necessities of +the farmers.' In that direction the Governor had done all that was in +his power, but he could not act in opposition to the instructions of +the Secretary of State. Sir Andries Stockenstrom himself, in replying +to an address from the inhabitants of Uitenhage, stated that 'he +was not aware of any law which prevented any of his Majesty's +subjects from leaving his dominions and settling in another country; +and such a law, if it did exist, would be tyrannical and +oppressive.' + +The story of the trekkers is one of surpassing interest, and must +enlist for them the sympathy and unbounded admiration of all. + +By the middle of the year 1837 there were over one thousand waggons +between the Caledon and Vaal rivers--truly a notable and alarming +exodus; and the Boers then began the work of carving out new +countries for themselves. Their history surpasses all fiction in its +vicissitudes, successes, and tragedies. They fought and worked and +trekked, onward, always onward--never returning--on beyond the +furthermost outposts of civilization. + +And so the story rolls on, gaining pathos, but losing no whit of +interest from its eternal sameness. They fought, and worked, and +starved, and died for their land of promise, where they might hope to +be alone, like the simple people of their one Book; where they might +never know the hated British rule; where they might never experience +the forms and trammels, the restlessness and changes, the worries, +the necessities or benefits, of progressing civilization. Their +quarrel had been with the abuses and blunders of one Government; but +a narrow experience moved them to mistrust all but their own pastoral +patriarchal way, moulded on the records of the Bible, and to regard +the evidences of progress as warnings of coming oppression and +curtailment of liberty, and a departure from the simple and ideal +way. The abuses from which they suffered are no more; the methods +which were unjust have been abandoned; the ignorance of the ruler has +been dispelled; in place of despotism there is autonomy; justice +rules where ignorance and bias sat; liberty where there was +interference; protection for oppression; progress and civilization +have increased as in no other epoch; and the nation and Government +from which they severed themselves have taken their place in the very +forefront of all. But the Boer sees with the eyes of sixty years ago! + +The ideal was impossible, the struggle hopeless, the end certain. +They trekked, and trekked and trekked again; but the flag of +England--emblem of all they hated--was close by; behind, beside, +in front, or over them; and the something which they could not +fight--the ever-advancing tide of civilization--lapped at their +feet, and slowly, silently, and for ever blotted out the line where +they had written, 'Thus far and no further.' + +The South African Republic had been in existence as an independent +State for twelve years when it reached that condition of insolvency +which appeared to invite, or at least justify, annexation, as the +only alternative to complete ruin and chaos. And there are very few, +even among the most uncompromising supporters of the Boers, who +seriously attempt to show that the Transvaal had any prospect of +prolonging its existence as an independent State for more than a few +months when Sir Theophilus Shepstone annexed it in 1877. The +following picture is from a book published by the late Alfred +Aylward, the Fenian, more anti-British than the Boer himself, who was +present at the time, and wrote his book in order to enlist sympathy +for the movement then (1878) organized to obtain a cancellation of +the annexation. The value of Aylward's testimony would not be fairly +appreciated without some explanation. + +Sir Bartle Frere describes him (and quotes Scotland Yard authorities +who knew him well) as one of the party who murdered the policeman at +Manchester, and one of the worst and most active of the dynamiting +Irishmen--a professional agitator, who boasted of his purpose to +promote the Transvaal rebellion. Major Le Caron, too, stated on oath +before the Parnell Commission that money was sent by the Irish Rebel +Societies, through Aylward, to stir up the Transvaal rebellion. This +is what Aylward says: + +All South Africa was for the moment at rest, with the exception of +the district of Utrecht, where an old-standing grievance with +Cetewayo was the cause of some little alarm and excitement (_i.e._, +Cetewayo's threatened invasion). Still, the Transvaal was disturbed +throughout its whole extent by the expectation of some pending +change--a change coming from the outside, which had been invited by +an active, discontented party, chiefly foreigners, dwellers in towns, +non-producers, place-hunters, deserters, refugees, land-speculators, +'development-men,' and pests of Transvaal society generally, who +openly preached resistance to the law, refusal to pay taxes, and +contempt of the natural and guaranteed owners of the country in +which they lived, in the distinctly expressed hope that foreign +intervention would fill the country with British gold, and conduce +to their own material prosperity. The Boers, spread over a country +larger than France, were stunned into stupor by the demonstrative +loudness of the party of discontent. In some districts they (the +Boers) were poor, and could not readily pay the taxes imposed upon +them by the wars and railway projects of the Government. Their +Volksraad was in Session, but its every action was paralyzed by the +gloom of impending dissolution. + +The Republic owed L215,000, which it had no immediate means of +paying. Its creditors were clamorous; whilst the Executive, turn to +which side it would, found itself confronted by threats, reproaches, +accusations of slavery and cruelty based upon hearsay, and which, +like the annexation that steadily approached, could not be met, +because neither of them had yet assumed the evidenced consistency of +actual fact. There was no public opinion to support the Government or +to save the Republic. The Boers lived far apart from each other, +whilst the annexationists and the party of disorder dwelt, in compact +communities, in towns and mining villages. Into the midst of this +confusion--into the capital of this bewildered State--entered Sir +Theophilus Shepstone and his staff. He had not come to seize the +country--he had come as 'an adviser, as a helper, and as a friend'; +but his advent was a blight--an incubus which rendered additionally +powerless the unfortunate President and his Council. The coming of +Sir Theophilus Shepstone was, to the minds of nearly all, but too +clearly the forerunner of change. In the face of this additional +whet to the anticipations of the party of disturbance, something +that has been described as anarchy prevailed. Everyone waited; all +fell into a state of expectation; no one attempted to save the State, +or repel the danger. At the same time, there was no anarchy in the +proper sense of the word. Justice sat on her seat; criminals were +arrested and brought to trial; actions at law were heard and +determined; and in no one place, save the goldfields, was authority, +even for a moment, defied. There the law vindicated itself without +having used violence or shed one drop of blood. Not one single +public outrage, not one unpunished crime, marked this period of +suspense, which is described by partizan writers as a time of +chaos and anarchy. + +Peace was granted to Secocoeni, and the quietness and gloom of the +country became even more profound. + +Now, had a commission, royal or joint, been opened in Pretoria to +inquire into the truth of the allegations made against the +Government, history might perhaps be able to record that judgment, +followed by justice, had overtaken the Transvaal. No commission was +opened. There was a banquet and a ball. The suspense increased in +intensity. Understrappers, and agents of the discontented faction, +filled the country with rumours of impending annexation, and +sometimes of impending conquest. The Boers, the inhabitants of the +country, asked day after day what was the mission of the English +Commissioner. They visited him in hundreds; but he knew the wonderful +advantage to be gathered from the heightening of the mystery, and the +intensifying of the excitement. He listened to everyone; but he +maintained a gloomy and impassive silence, neither checking the +aspirations of the annexationists, nor dissipating the forebodings of +the farmers. + +News arrived that troops were marching towards, and massing on, +Theophilus sought not to alleviate the anxieties of the Government, +nor to quell the now rising alarm amongst the people; he simply sat +still and listened, watching the writhings and stragglings of the +doomed Volksraad, and awaiting a favourable moment to end its +existence. + +At length someone determined to ask: 'Was it not possible to avert +this annexation which loomed before every mind, brooding like a +shadow upon the country?' He went to Sir Theophilus; he asked his +question; and at length the oracle spoke. Without moving a muscle of +his wonderfully impassive countenance, without even raising his eyes +to look at the interlocutor, Sir Theophilus calmly murmured: 'It is +too late!--too late!' And so, without the authorization of the home +Government, without the consent of her Majesty's High Commissioner, +without the concurrence of the Volksraad, against the will of +thirty-nine-fortieths of the people, and in defiance of the protest +of their Executive, as Mr. Anthony Trollope puts it, Sir Theophilus +said: 'Then and from thenceforth the Transvaal shall be British +property!' So he put up the Queen's flag. + +Now, it is impossible to conceive anything more admirable for its +discretion, more wisely calculated as to the moment of its +occurrence, or more suavely and yet firmly done than this act. There +was not a blow struck, not a shot fired; and the first impulse of +nearly every person in the country, whether in principle opposed to +annexation or not, was to congratulate Sir Theophilus Shepstone on +the skill, tact, and good fortune with which he had put an end to the +excessive anxiety, the mental strain, the fears, hopes, and +expectations by which the whole country was paralyzed. Whether the +annexation be now held to be right or wrong, its execution, so far as +regards the act itself, was an unparalleled triumph of tact, modesty, +and firmness. + +It was not discovered at the moment, and it never entered into any +man's mind to consider, that it was the presence in Pretoria of Sir +Theophilus himself that had created the anxiety, and caused the +paralysis; and that it was his arts and presence that had tightened +and strung up into quivering intensity the mind of the country. He +had broken the spell; he had introduced certainty in place of +uncertainty; and he was congratulated, and very properly so, for the +manner in which he had brought to a conclusion his hazardous mission. + +Sir Theophilus Shepstone's despatches record his negotiations with +President Burgers, and the arrangement which allowed him to make a +formal protest against the annexation, so as to satisfy his +Irreconcilables, whilst he in reality not only assented to the +measure, but even assisted the completion of it, and discussed the +details with Shepstone, who in turn had revised President Burgers' +'protest.' + +On April 3, 1877, Shepstone had written to Frere: + +Mr. Burgers, who had been all along, as far as his conversation and +professions to me went, in full accord with me, had suddenly taken +alarm; he made impossible proposals, all of which involved infinite +delay, and, of course, dangerous agitation. As far as I am concerned, +leave the country, civil war would at once take place, as the natives +would consider it the sunshine in which they could make hay in the +Transvaal; the goldfields are in a state of rebellion against the +Transvaal Government, and they are kept from overt acts only by my +warnings and entreaties. + +And eight days later he wrote to Mr. Robert Herbert enclosing his +letter under 'flying seal' to Frere: + +There will be a protest against my act of annexation issued by the +Government, but they will at the same time call upon the people to +submit quietly, pending the issue; you need not be disquieted by such +action, because it is taken merely to save appearances, and the +members of the Government from the violence of a faction that seems +for years to have held Pretoria in terror when any act of the +Government displeased it. + +You will better understand this when I tell you privately that the +President has from the first fully acquiesced in the necessity for +the change, and that most of the members of the Government have +expressed themselves anxious for it; but none of them have had the +courage openly to express their opinions, so I have had to act +apparently against them; and this I have felt bound to do, knowing +the state and danger of the country, and that three-fourths of the +people will be thankful for the change when once it is made. + +Yesterday morning Mr. Burgers came to me to arrange how the matter +should be done. I read to him the draft of my Proclamation, and he +proposed the alteration of two words only, to which I agreed. He +brought to me a number of conditions which he wished me to insert, +which I have accepted, and have embodied in my Proclamation. He told +me that he could not help issuing a protest, to keep the noisy +portion of the people quiet--and you will see grounds for this +precaution when I tell you that there are only half a dozen native +constables to represent the power of the State in Pretoria, and a +considerable number of the Boers in the neighbourhood are of the +lowest and most ignorant class. Mr. Burgers read me, too, the draft +of his protest, and asked me if I saw any objection to it, or thought +it too strong. I said that it appeared to me to pledge the people to +resist by-and-by; to which he replied that it was to tide over the +difficulty of the moment, seeing that my support, the troops, were a +fortnight's march distant, and that by the time the answer to the +protest came, all desire of opposition would have died out. I +therefore did not persuade him from his protest. + +You will see, when the proclamation reaches you, that I have taken +high ground. Nothing but annexation will or can save the State, and +nothing else can save South Africa from the direst consequences. All +the thinking and intelligent people know this, and will be thankful +to be delivered from the thraldom of petty factions, by which they +are perpetually kept in a state of excitement and unrest, because the +Government, and everything connected with it, is a thorough sham. + +This arrangement with President Burgers was a most improper +compromise on both sides. Moreover, Shepstone received the protests +of the Executive Council and of the Volksraad before he issued his +proclamation. He had plenty of evidence to show that even if his +action was approved by the majority, the Boers were sufficiently +divided to demand some delay. He knew that the members of the +Government and of the Raad would not face the responsibility of +relinquishing the State's independence, although he received +private assurances and entreaties encouraging him to act. He had +representations and deputations from the Boers themselves, +sufficient in weight and number to warrant his belief that a large +proportion of the people desired annexation. He should not have +allowed the 'hedging' that was practised at his expense. The Boer +leaders were 'between the devil and the deep sea.' There can be no +doubt whatever that they dearly loved and prized their independence, +and would have fought even then for it had they been in a position +to preserve and profit by it; but they were not. They dared neither +ask for relief at the price of annexation, nor reject the proffered +relief at the price of continuing the hopeless struggle. So they +compromised. They took the relief, they accepted pay of the new +Government, and entered a protest, so as to put themselves right +with the records and stand well with untamed ones of the party. + +The Act of Annexation is so generally condemned by the friends and +sympathizers of the Boers, and is so persistently quoted by them as +the cause of the Boer War, that it is only right to show clearly what +the opinion was at that time; and if it be deemed that overmuch space +is given to this matter, the answer is, that it is quoted now as the +crime which gave rise to the present hatred and mistrust of England, +and it is all-important that the truth should be clear. + +This is what Mr. J.F. Celliers, the patriotic editor of the Boer +newspaper, _De Volksstem_, wrote in reviewing the work of the special +session of the Volksraad, convened to deal with the questions of Lord +Carnarvon's Federation Bill, and the rescuing of the country from +ruin and chaos:--'During the session we have repeatedly had occasion +to comment on the doings of the Raad. These comments have not been +favourable, and we regret to say that we have found in the closing +scenes of our Legislature no reason to alter our opinions.' Then +follows a scathing account of the 'work done,' in which occur such +references as:--'With the exception of a couple of members, +no one had the sense or manliness to go into the question of +confederation'; and 'The most surprising feature of the whole +affair was this--that most of the speakers seemed not to have the +faintest conception of the desperate condition in which the country +stood....' And again, under date of March 28: 'About three months +ago we said we would prefer confederation under the British flag if +the state of anarchy then threatening were to continue. We know that +a good and stable Government is better than anarchy any day.' + +It is noteworthy that the writer of the above is the same Mr. +Celliers who, two years later, was put in gaol by Colonel Lanyon on a +charge of sedition, because he attacked the Administration for its +failure to keep the promises made at the time of annexation. + +Three thousand out of eight thousand voters actually signed petitions +in favour of annexation. In the Raad, President Burgers openly +reproached members for proclaiming in public, and for improper +reasons, views diametrically opposed to those privately expressed on +the confederation and annexation questions; and refused to consult +with three out of four members appointed as a deputation to confer +with him on these subjects, because they had not paid their taxes, +and had so helped by example, not less than by the actual offence, to +cause the ruin of the country and the loss of independence. And on +March 3 President Burgers read an address to the Raad, in which the +following words occur: + +'I would rather be a policeman under a strong Government than the +President of such a State. It is you--you members of the Raad and the +Boers--who have lost the country, who have sold your independence for +a _soupe_ (a drink). You have ill-treated the natives, you have shot +them down, you have sold them into slavery, and now you have to pay +the penalty.' + + * * * * * * * + +'We should delude ourselves by entertaining the hope that matters +would mend by-and-by. It would only be self-deceit. I tell you +openly, matters are as bad as they ever can be; they cannot be worse. +These are bitter truths, and people may perhaps turn their backs on +me; but then I shall have the consolation of having done my duty.' + + * * * * * * * + +'It is said here this or that man must be released from taxes, +because the Kaffirs have driven them off their farms, and occupy the +latter. By this you proclaim to the world that the strongest man is +master here, that the right of the strongest obtains here.' [Mr. +Mare: 'This is not true.'] 'Then it is not true what the honourable +member, Mr. Breytenbach, has told us about the state of the Lydenburg +district; then it is not true either what another member has said +about the farms in Zoutpansberg, which are occupied by Kaffirs. +Neither is it true, then, what I saw with my own eyes at Lydenburg, +where the burghers had been driven off their farms by the Kaffirs, +and where Johannes was ploughing and sowing on the land of a burgher. +These are facts, and they show that the strongest man is the master +here. The fourth point which we have to take into account affects our +relations with our English neighbours. It is asked, What have they +got to do with our position? I tell you, as much as we have to do +with that of our Kaffir neighbours. As little as we can allow +barbarities among the Kaffirs on our borders, as little can they +allow that in a state on their borders anarchy and rebellion should +prevail.' + + * * * * * * * + +'Do you know what has recently happened in Turkey? Because no +civilized government was carried on there, the Great Powers +interfered and said, "Thus far, and no further." And if this is done +to an empire, will a little republic be excused when it misbehaves? + + * * * * * * * + +'Complain to other Powers, and seek justice there? Yes, thank God! +justice is still to be found, even for the most insignificant; but it +is precisely the justice which will convict us. If we want justice, +we must be in a position to ask it with unsullied hands.' + + * * * * * * * + +'Whence has arisen that urgency to make an appeal for interference +elsewhere? Has that appeal been made only by enemies of the State? Oh +no, gentlemen; it has arisen from real grievances. Our people have +degenerated from their former position; they have become demoralised; + they are not what they ought to be.' + + * * * * * * * + +'To-day a bill for L1,100 was laid before me for signature; but I +would sooner have cut off my right hand than sign that paper, for I +have not the slightest ground to expect that when that bill becomes +due there will be a penny to pay it with.' + + * * * * * * * + +The President added, and his statements remained uncontradicted: + +The principal thing which had brought them to their present position +was that to which they would not give attention. It was not this or +that thing which impeded their way, but they themselves stopped the +way; and if they asked him what prevented the people from remaining +obstruction, owing to the inherent incapacity and weakness of the +people. But whence this weakness? Was it because they were deformed? +because they were worse than other people? because they were too few +and too insignificant to occupy the country? Those arguments did not +weigh with him. They were not true; he did not consider them of any +importance. The people were as good as any other people, but they +were completely demoralized; they had lost faith in God, reliance +upon themselves, or trust in each other. Hence he believed they were +inherently weak. + + * * * * * * * + +He did not believe that a new constitution would save them; for as +little as the old constitution had brought them to ruin, so little +would a new constitution bring them salvation. + + * * * * * * * + +The Great Powers, with all their greatness, all their thousands of +soldiers, would fall as quickly as this State had fallen, and even +more quickly, if their citizens were to do what the citizens of this +State had done; if the citizens of England had behaved towards the +Crown as the burghers of this State had behaved to their Government, +England would never have stood as long as she had, not even as long +as this State had stood. This State owed obligations to other +countries; they knew that the fire which had nearly consumed this +State would, if felt by them, very soon consume them also. + + * * * * * * * + +In several of the cities of Holland there were people who had +subscribed for only one debenture, because they thought men of their +own blood were living in South Africa. What was the consequence? The +interest up to July last had been paid; in January of this year +L2,250 was due for interest, and there was not a penny to meet it. + + * * * * * * * + +To take up arms and fight was nonsense; to draw the sword would be to +draw the sword against God, for it was God's judgment that the State +was in the condition it was to-day; and it was their duty to inquire +whether they should immerse in blood the thousands of innocent +inhabitants of this country, and if so, what for? For an idea--for +something they had in their heads, but not in their hearts; for an +independence which was not prized. Let them make the best of the +situation, and get the best terms they possibly could; let them agree +to join their hands to those of their brethren in the south, and then +from the Cape to the Zambesi there would be one great people. Yes, +there was something grand in that--grander even than their idea of a +Republic--something which ministered to their national feeling. And +would this be so miserable? Yes; this would be miserable for those +who would not be under the law, for the rebel and revolutionist, but +welfare and prosperity for the men of law and order. + + * * * * * * * + +They must not underrate their real and many difficulties. He could +point to the south-western border, the Zulu, the goldfields, and +other questions, and show them that it was their duty to come to an +arrangement with the British Government, and to do so in a bold and +manly manner. An hon. member on Saturday last had spoken with a +fervent patriotism; but he had failed to appreciate the reference, +because it amounted to this--that they must shut their eyes to +everything, so as to keep their independence. + +President Burgers, who left the Transvaal broken-hearted, more by the +cruel and mean intriguing and dissensions among, and disloyalty of, +his own people, which made the annexation possible, than by the Act +itself, when dying left a statement of the case. It is too long to +reproduce in its entirety. He shows how the English faction worked +for annexation, and how the Dopper party, headed by Kruger, allied +themselves with the former in intrigue against the Government, +thwarting all effort at reform and organization, and encouraging the +refusal to pay taxes. He states plainly that this course was pursued +by Kruger in order to oust him from power, and secure the Presidency +for himself. He shows how he opposed 'that other element which had +formerly worked in secret, viz., British interference, which got a +strong support from the Boers themselves, and one of their chief +leaders, P. Kruger, who had betrayed me, after promising me his and +his party's support.' He gives the final scene as follows: + +The Volksraad had gone away, having done nothing but harm. The +members of the Executive had gone home, as if all were safe, and I +sat with a half-new Cabinet and part of an old one, half discharged. +Yet I made one attempt more, and drafted a letter to Shepstone, +intimating that I would oppose the annexation by force of arms, etc.; +and showed this to two members of the Executive. The response to my +appeal, however, was so weak (one of them being in league with the +English) that I had to abandon the project, and try to prepare for +the worst. When, therefore, Shepstone's announcement came--that he +could wait no longer, that he had given us time enough to reform, and +that he must issue his proclamation--I could do no more than advise a +protest, and an appeal to foreign powers. This having been agreed to +by my Government, I met Shepstone in presence of the Executive, and +what could be saved for the country, such as its language, its +legislature, the position of its officials, etc., was arranged. +Before issuing his proclamation, Shepstone desired to see copies of +both mine and the Government protest. This I promised, on condition +he showed me his proclamation before publication: to which he agreed. +To one clause I greatly objected, and protested--namely, the threat +of confiscation of property for disobeying the proclamation. I +pointed out that this was barbarous, and would be punishing a man's +innocent family for his actions. The clause was omitted. This is +the origin of the lie that I helped Shepstone in drawing up this +proclamation. In justice to Shepstone, I must say that I would not +consider an officer of my Government to have acted faithfully if he +had not done what Shepstone did; and if the act was wrong (which +undoubtedly it was), not he, but his Government, is to blame for it. + +Messrs. Kruger and Jorissen left within a month to protest in England +against the annexation. + +Sir T. Shepstone wrote (May 9): 'Mr. Paul Kruger and his colleague, +Dr. Jorissen, D.D., the Commission to Europe, leave to-day. I do not +think that either of them wishes the Act of Annexation to be +cancelled; Dr. Jorissen certainly does not.' And Mr. J.D. Barry, +Recorder of Kimberley, wrote to Frere (May 15): 'The delegates, Paul +Kruger and Dr. Jorissen, left Pretoria on the 8th, and even they do +not seem to have much faith in their mission. Dr. Jorissen thinks +that the reversal of Sir Theophilus's Act would not only be +impossible, but a great injury to the country.' + +It is not necessary to seek hostile testimony to establish the fact +that the Boers as a whole acquiesced in the annexation; the +foregoing quotation from Aylward's book supplies all that is +needed--unintentionally, perhaps. The Zulu menace, which Aylward so +lightly dismisses, was a very serious matter; the danger a very real +one. It has frequently been asserted by the Boers and their friends +that the Zulu trouble was fomented by a section of the Natal people, +and that Sir Theophilus Shepstone himself, if he did not openly +encourage the Zulu King in his threats and encroachments on the +Transvaal, at any rate refrained from using his unique influence and +power with the Zulus in the direction of peace, and that he made a +none too scrupulous use of the Zulu question when he forced the +annexation of the Transvaal. It is stated that, in the first place, +there was no real danger, and in the next place, if there were, such +was Sir Theophilus's power with the Zulus that he could have averted +it; and in support of the first point, and in demolition of Sir T. +Shepstone's pro-annexation arguments, the following extract from the +latter's despatches is quoted by Aylward and others: + +EXTRACT FROM DESPATCH, DATED UTRECHT, TRANSVAAL, JANUARY 29, 1878. + +_Sir T. Shepstone to Sir H. Bulwer_. + +Par. 12. 'Although this question has existed for many years, and the +settlement of it has been long postponed, yet on no former occasion +has it assumed so serious an aspect, or included so wide an area of +territory; never before has there existed any bar to the farmers +occupying their farms after an absence more or less temporary, caused +by a temporary and local scare. Practically, the line of occupied +farms has not been heretofore affected by the dispute about the +beaconed boundary, but now the prohibition to these has become +absolute by Zulu claims and action. Ruin is staring the farmers in +the face, and their position is, _for the time, worse under Her +Majesty's Government than ever it was under the Republic_.' + +Had Sir T. Shepstone's power been as great as represented, it is fair +to suppose that it would have been exerted, and would have prevailed +in support of his own administration; but it seems clear that he +could do nothing; and as to the reality of the danger, nothing could +better establish that than the unpleasant admissions in the foregoing +extract and the initial disasters in the Zulu War a year later. The +Boers' protective power was not lessened by the annexation--quite +otherwise. It was supplemented by British money, arms, and soldiers, +and the prestige of the British flag, and yet things happened as +above described. What would they have been under the old conditions? + +The day before he issued the proclamation Sir T. Shepstone sent a +messenger to Cetewayo, telling him that the Transvaal would be under +British sovereignty, and warning him against aggression in that +direction. Cetewayo replied: 'I thank my father Somtseu (Shepstone) +for his message. I am glad that he has sent it, because the Dutch +have tired me out, and I intended to fight with them once, only once, +and to drive them over the Vaal. Kabana, you see my impis are +gathered. It was to fight the Dutch I called them together. Now I +will send them back to their houses.' (C. 1883, p. 19.) + +Colonel A.W. Durnford; R.E., in a memorandum of July 5, 1877, wrote: + +About this time (April 10) Cetewayo had massed his forces in three +corps on the borders, and would undoubtedly have swept the Transvaal, +country not been taken over by the English. In my opinion, he would +have cleared the country to Pretoria. + +'I am convinced,' wrote Sir A. Cunynghame, June 12, from Pretoria, +'that had this country not been annexed, it would have been ravaged +by the native tribes. Forty square miles of country had been overrun +by natives, and every house burned, just before the annexation.' And +he wrote again, July 6: 'Every day convinces me that unless this +country had been annexed it would have been a prey to plunder and +rapine from the natives on its border, joined by Secocoeni, Mapok, +and other tribes in the Transvaal. Feeling the influence of the +British Government, they are now tranquil.' + +So much for the reality of the danger. As to the causes of it and the +alleged responsibility of Natal, Sir Bartle Frere, in a letter to +General Ponsonby, made the following remarks: + +The fact is, that while the Boer Republic was a rival and +semi-hostile power, it was a Natal weakness rather to pet the Zulus +as one might a tame wolf, who only devoured one's neighbour's sheep. +We always remonstrated, but rather feebly; and now that both flocks +belong to us, we are rather embarrassed in stopping the wolf's +ravages. + +Sir B. Frere realized fully the dangers, and gave his testimony as to +Boer opinion. On December 15, 1877, he wrote, concerning his policy +towards the Zulus: + +My great anxiety is, of course, to avoid collision, and I am +satisfied that the only chance I have of keeping clear of it is to +show that I do not fear it. The Boers are, of course, in a state of +great apprehension, and I have ordered those of the two frontier +districts of Utrecht and Wakkerstroom to hold themselves in +readiness, should I find it necessary to call upon them for active +service. + +Sir T. Shepstone also wrote, concerning the reality of the danger, +under date December 25: + +The Boers are still flying, and I think by this time there must be a +belt of more than a hundred miles long and thirty broad, in which, +with three insignificant exceptions, there is nothing but absolute +desolation. This will give your Excellency some idea of the mischief +which Cetewayo's conduct has caused. + +And again (April 30, 1878): + +I find that Secocoeni acts as a kind of lieutenant to Cetewayo. He +received directions from the Zulu King, and these directions are by +Secocoeni issued to the various Basuto tribes in the Transvaal. + +Sir T. Shepstone rushed the annexation. He plucked the fruit that +would have fallen. He himself has said that he might have waited +until the Zulus actually made their threatened murderous raid. That +might have been Macchiavelian statecraft, but it would not have been +humanity; and there was nothing in the attitude of the Boer leaders +at the time of the annexation which foreshadowed the fierce and +determined opposition which afterwards developed. The fact seems to +be that the people of the Transvaal were either in favour of the +annexation, or were overpowered and dazed by the hopelessness of the +Republic's outlook; and they passively assented to the action of Sir +Theophilus Shepstone and his twenty-five policemen. The Boers were +quite unable to pay the taxes necessary to self-government and the +prosecution of the Kaffir wars. The Treasury was empty--save for the +much-quoted 12s. 6d. The Government L1 bluebacks were selling at 1s. +Civil servants' salaries were months in arrear. The President +himself--the excitable, unstable, visionary, but truly enlightened +and patriotic Burgers--had not only drawn no salary, but had expended +his private fortune, and incurred a very heavy liability, in the +prosecution of the unsuccessful Secocoeni war. No amount of _ex post +facto_ evidence as to the supposed feelings and opinions of the Boers +can alter a single one of the very serious facts which, taken +together, seemed to Sir Theophilus to justify the annexation. But it +all comes down to this: If the passive acquiescence in the annexation +coincided strangely with the Republic's failure to defeat its enemies +and pay its debts, it is no whit less odd that Lord Carnarvon's +anxiety for the Republic's safety synchronized with his attempt to +confederate South Africa. + +The real mistakes of the British Government began _after_ the +annexation. The failure to fulfil promises; the deviation from old +ways of government; the appointment of unsuitable officials, who did +not understand the people or their language; the neglect to convene +the Volksraad or to hold fresh elections, as definitely promised; +the establishment of personal rule by military men, who treated the +Boers with harshness and contempt, and would make no allowance for +their simple, old-fashioned ways, their deep-seated prejudices, and, +if you like, their stupid opposition to modern ideas: these things +and others caused great dissatisfaction, and gave ample material for +the nucleus of irreconcilables to work with. + +During the occupation period Mr. Kruger took office under the British +Government, as also did Dr. Jorissen and Chief Justice (then Judge) +Kotze, and indeed all the officials who had protested against the +annexation, except Mr. Piet Joubert, who declined to do so, and who, +if actions be the test and not words, was the only honest protestant. +Mr. Kruger retained his office for some time after he had concerned +himself in the Repeal agitation, but finally resigned his post on +being refused an increased remuneration, for which he had repeatedly +applied. There can be but little doubt that had this inducement been +forthcoming, he would have remained a loyal British subject. + +The effect of the annexation was to start the wells of plenty +bubbling--with British gold. The country's debts were paid. Secocoeni +and Cetewayo would be dealt with, and the responsibility for all +things was on other and broader shoulders. With the revival of trade, +and the removal of responsibilities and burdens, came time to think +and to talk. The wave of the magician's wand looked so very simple +that the price began to seem heavy. The eaten bread was forgotten. +The dangers and difficulties that were past were of small account now +that they _were_ past; and so the men who had remained passive, and +recorded formal protests when they should have resisted, and taken +steps to show that they were in earnest, began their Repeal +agitation. All the benefits which the Boers hoped from the annexation +had now been reaped. Their pressing needs were relieved. Their debts +had been paid; their trade and credit restored; their enemies were +being dealt with. Repeal would rob them of none of these; they would, +in fact, eat their cake and still have it. The Zulu question had been +taken up, and could not now be left by the Imperial Government to +settle itself. The debts discharged for them and the outlays incurred +might, it is true, be charged to them. They could not be repaid, of +course, for the same reason that you cannot get blood from stone; +and the amount would, therefore, be a National Debt, which was +exactly what they had been trying for years to incur, and the +condition of their credit had made it impossible to do. + +The causes of discontent before given were serious, but the failure +to fulfil promises was not deliberate. Circumstances combined to +prevent Sir Bartle Frere from visiting the Transvaal, as intended and +promised. Native wars (Gaika and Galeka), disagreements between the +Colonial and Imperial authorities, the obstructions and eventual +dismissal of the Molteno-Merriman Ministry--the first under +Responsible Government--Natal and Diamond-fields affairs, and, above +all, the Zulu War, all combined to prevent Sir Bartle Frere from +fulfilling his obligations to settle Transvaal matters. + +In the meantime two deputations had been sent to England, +representing the Boers' case against annexation. The active party +among the Boers, _i.e._, the Voortrekker party, the most anti-British +and Republican, though small in itself, had now succeeded in +completely dominating the rest of the Boers, and galvanizing them +into something like national life and cohesion again--a result +achieved partly by earnest persuasion, but largely also by a kind of +terrorism. + +Sir Bartle Frere, who managed at last to visit the Transvaal, in +April, 1879, had evidence of this on his journey up, and in a +despatch to Sir M. Hicks Beach from Standerton on the 6th of that +month he wrote: + +I was particularly impressed by the replies of a very fine specimen +of a Boer of the old school. He had been six weeks in an English +prison, daily expecting execution as a rebel, and had been wounded by +all the enemies against whom his countrymen had fought--English, +Zulus, Basutos, Griquas, and Bushmen. + +'But,' he said, 'that was in the days of my youth and inexperience. +Had I known then what I know now, I would never have fought against +the English, and I will never fight them again. Old as I am, I would +now gladly turn out against the Zulus, and take fifty friends of my +own, who would follow me anywhere; but I dare not leave my home till +assured it will not be destroyed and my property carried off in my +absence, by the men who call me "rebel" because I will not join them +against the Government. My wife, brought up like a civilized woman in +the Cape Colony, has had five times in her life to run from the house +and sleep in the veld when attacked by Zulus and Basutos. One of our +twelve sons was assegaied in sight of our house, within the last ten +it was surrounded by Basutos, my wife had to fly in the night by +herself, leading one child and carrying another on her back. She +walked nearly fifty miles through the Lion Veld, seeing three lions +on the way, before she reached a place of safety. It is not likely +that we should forget such things, nor wish them to recur; but how +can I leave her on my farm and go to Zululand, when the malcontent +leaders threaten me that if I go they will burn my house and drive +off all my stock? Assure me that we are not to be deserted by the +English Government, and left to the mercy of these malcontent +adventurers, and I and my people will gladly turn out to assist +Colonel Wood.' + +_I find that this idea that the English Government will give up the +Transvaal, as it formerly did the Orange Free State, has been +industriously propagated, and has taken a great hold on the minds of +the well-disposed Boers, and is, I believe, one main cause of +reluctance to support the Government actively_. + +_They argue that what has been done before may be done again, and +they have no feeling of assurance that if they stand by the English +Government to-day they will not be left to bear the brunt of the +malcontents' vengeance when a Republic is established_. + +And again on the 9th, from Heidelberg: + +_The idea that we should somehow be compelled or induced to abandon +the country had taken great hold on the minds of some of the more +intelligent men that I met_. It has been seduously written up by a +portion of the South African press, English as well as Dutch. I +marked its effect particularly on men who said they had come from the +old Colony since the annexation, but would never have done so had +they believed that English rule would be withdrawn, and the country +left to its former state of anarchy.... + +_But there is great practical difficulty in conveying to the mass of +the people any idea of the real power of Government_. + +It is not possible to pen a more severe and pregnant comment on the +after-policy of England than that suggested by the italicized lines, +written as they were by England's Plenipotentiary--an idea reported +to headquarters, not as a feeler, but as a suggestion so absurd that +it called for no expression of opinion. But he lived to find that it +was not too absurd to be realized; and perhaps, after all, it was +written as a warning, and the wise and cool-headed old statesman in +his inmost soul had a premonition of what eventually occurred. + +Sir Bartle Frere met the Boers in their camp, and discussed with them +their grievances. He informed them that he had no power to revoke the +annexation, nor would he recommend it, as, in his judgment, such a +course would be a reversion to chaos and ruin. The Boers pressed +steadily for nothing less than repeal. Sir Bartle Frere reported +the historical meeting at Erasmus Farm to Sir M. Hicks Beach: + + _April 14, 1879._ + +They were evidently much disappointed.... Our meeting separated with +no more definite decision than that they must report to the 'people,' +and be guided by their decision as to what was to be done. + +If I may judge from the gentlemen composing the deputation, and +others of their class, whom I have had the honour of meeting since +coming to the Transvaal, the leaders are, with few exceptions, men +who deserve respect and regard for many valuable and amiable +qualities as citizens and subjects.... + +Of the results of our meeting it is impossible at present to say more +than that it must have cleared away misconceptions on all sides If +they have learnt anything as to the finality of the act of +annexation--that I have no power to undo it, and do not believe that +it will ever be undone, in the only sense in which they will ask +it--I have, on the other hand, been shown the stubbornness of a +determination to be content with nothing else, for which I was not +prepared by the general testimony of officials who had been longer in +the country, and who professed to believe that the opposition of the +Boers was mere bluster, and that they had not the courage of their +professed opinions.... I feel assured that the majority of the +Committee felt very deeply what they believed to be a great national +wrong.... But my conviction is that the real malcontents are far from +being a majority of the whole white population, or even of their own +class of Boer farmers. + +I have no doubt whatever that if the Executive were in a position to +assert the supremacy of the law, to put an effectual stop to the +reign of terrorism which exists at present, the discontented minority +would cease to agitate, and would soon cease to feel grievances which +a very brief discussion shows to be in the main sentimental; not the +less keenly felt on that account, but not likely to survive +the prosperity and good government, with a fair measure of +self-government in its train, which are within their reach under +British rule. + +And, again, he wrote to Lady Frere: + + PRETORIA, _April 20, 1879._ + +My last letter had not been gone many hours by the mail express when +Lanyon ran into my room, to tell me that the Boer camp was actually +broken up and the Boers dispersing. + +I need not tell you how thankful I was. The one thing I dreaded was +civil war and bloodshed, and had a single malcontent been shot, I +should have considered it a greater misfortune than the death of a +dozen Piet Retiefs, or Uys, dying like heroes in the field of battle +for their country and brethren. So you may imagine how thankful I +felt to the Giver of all good, who has guided and protected us +through life. + +I am to see a deputation from the Boers' Committee again to-morrow, +and then I hope we shall have done with meetings and grievances--for +the present a phrase which they carefully put into all references to +their breaking up, and which they evidently mean. _It was clear to me +that it was not the annexation, so much as the neglect to fulfil the +promises and the expectations held out by Shepstone when he took +over the Government, that has stirred up the great mass of the +Boers, and given a handle to agitators._{02} + +There it is in a single sentence! It was not the annexation which +caused the war; for nine men in every ten admitted that it was +welcomed and justified by considerations of general South African +policy, or else simply inevitable. No! It was the failure to fulfil +the conditions of annexation! + +In 'A Narrative of the Boer War,' Mr. Thomas Fortescue Carter has +given with admirable skill and impartiality a full account of the +causes which led to the outbreak. His history is, indeed, so +determinedly just as to have met with considerable disapproval in +quarters where feelings are hot on either side, and where plain +truths are not palatable. Mr. Carter resided in the country for years +before the annexation, and went through the war as correspondent of a +well-known London daily, and this is his opinion: + +Anyone who knows the acquaintance Sir T. Shepstone had with the Boers +of the Transvaal, years prior to the annexation, cannot doubt that, +regarded as a friend and almost as one of themselves, no one better +than he could have been selected for the task of ascertaining the +desires of the people; and no one who knows Sir T. Shepstone will +believe that he did not take sufficient evidence to prove to any man +that the Boers were anxious to be extricated from the dilemma they +were in, and really willing at that time that their country should be +annexed. Men who during the late war were our foes were at the time +of the annexation clamouring for it, welcoming Sir Theophilus +Shepstone as the deliverer and saviour of the country. I mention +Swart Dirk Uys, an eminent Boer, who fought against the English in +1880-81, as one amongst the hundreds and thousands who went out to +meet Sir Theophilus Shepstone with palm branches in their hands. + +The natural aversion of the people to English rule was overcome for +the moment by their greater aversion to being wiped off the face of +the Transvaal by the blacks; that was a contingency staring them in +the face, and yet not even that imminent common danger availed to +secure unity amongst them, or would rouse men individually to take +upon their shoulders the responsibility which rests upon every member +of a State. + +The Boer Volksraad, after promising to appeal to their constituents +on the subject of the new constitution proposed, almost immediately +passed a measure, which was familiarly styled by the people the 'Hou +jou smoel law.' The literal translation of this term is 'Hold your +to discuss the question of either confederation or annexation. + +I come to the conclusion, then, that the cause of the annexation was +England's historical greed of territory, especially rich territory; +and that, however unworthy the motive on the part of the visiting +power, the Boers did not at that time receive the visitor with other +feelings than those of satisfaction, and practically surrendered +their country voluntarily and gladly to the ruler of a greater power, +under the impression that Sir Theophilus Shepstone would be permitted +to carry out, and that he therefore would carry out, the promises he +made them. As the programme was open before them, they had everything +to gain and nothing to lose, except the loss entailed by nominal +government by the British. No man, whether Boer or Britisher, who was +living in the Transvaal, or knew the feelings of the Boers at the +time of annexation, would in 1877 have given any other account of the +feeling of the nation; and if I have formed too low an opinion of the +motives of English statesmen at that time, and am not justified in +attributing the annexation to greed instead of to the purer and +nobler desire to protect England's colonies, or even the Transvaal +itself, from the inroads of savages, then my excuse must be that the +failure of England to send out at that time a force equal to the task +of restraining those savages and maintaining peace, has helped +materially to lead me to the unwarrantable conclusion.{03} + +And so came the war. The history of it is written that all may read; +and it is not necessary here to refer at length to the details of it. +The utterly unjust treatment of Bezuidenhout at Potchefstroom was the +immediate cause of the outbreak. The armed interference of the +Potchefstroom burghers with the Imperial officials followed on +December 16, to be in turn succeeded by the battle of Bronkhorst +Spruit on the 20th. + +The following account of the affair is taken from Mr. Carter's book: + +All went well on this day till about 2.30 p.m., when the following +was about the order of march: One mounted infantryman in advance of +the main body next the band; of F company, forty men; of A company, +forty men; then followed the quarter-guard, thirteen men; and +provost-escort and prisoners, twenty-three men. The remainder of the +force was posted along the string of waggons, with the exception of +the rear-guard of about twenty men, which were some distance behind. +Colonel Anstruther, Captains Nairne and Elliott, Lieutenant Hume, +and Adjutant Harrison were riding just in front of the band, when +suddenly Boers appeared all round. The locality that the regiment had +reached at the time was one where stood several farms, and the trees +surrounding these homesteads afforded cover under which a hostile +force could assemble without being perceived from a distance. On the +right was a ravine with wood in it, and amongst that the Boers were +lying in ambush. How unexpected was the appearance of a force of +Boers to the English may be judged from the fact that the band +of the regiment was playing at the time. Colonel Anstruther, +immediately he caught sight of the enemy on the crest of a slight +rise to the front, called a halt, and the order was passed to the +rear for the waggons to close up. Before this could be done a +messenger from the enemy, carrying a white flag, came forward and +handed the Colonel a note signed by Piet Joubert, and countersigned +by other Boer leaders, desiring him to halt where he was until a +reply had been received from Sir Owen Lanyon to the ultimatum the +Boers had addressed to him. The message also contained the warning +that if the soldiers advanced beyond a small stream in front of +them, it would be taken as a declaration of war. Colonel Anstruther, +with Conductor Egerton, had ridden out in front of the advanced +guard to meet this flag of truce; after he had read the message, the +bearer of it informed him verbally that two minutes were allowed for +his decision. Colonel Anstruther verbally replied that he should +march on to Pretoria, and, to use his own words, as published in his +despatch written just before he died, the Boer messenger 'said that +he would take my message to the Commandant-General; and I asked him +to let me know the result, to which he nodded assent. Almost +immediately, however, the enemy's line advanced.' + +Whilst this short parley was going on, every effort was being made in +the rear to get the waggons up, but without much good result, because +when the Boers opened fire the rear-guard would be at least half a +mile behind the head of the column. Even those who were guarding the +waggons had not time to join the main body. When Colonel Anstruther +saw the Boers advancing, he gave the order to his men to extend in +skirmishing order, but before they could open out to more than loose +files they were met with a murderous volley, and at the same time +Boers on the right and left flank and in the rear, who had previously +measured and marked off the distances, picked off every man within +sight. Our men returned the fire as best they could, but in less than +ten minutes 120 were either killed or wounded, besides a large +proportion of the oxen in the waggons shot. The officers who exposed +themselves were picked off almost immediately by the Boer marksmen. +Captain Nairne, Lieutenant M'Sweeney, Lieutenant and Adjutant +Harrison, Lieutenant Hume, Deputy-Assistant Commissary-General +Barter, Conductor Egerton, Surgeon Ward, were all wounded, besides +Colonel Anstruther himself, who was shot in two or three places. + +It was useless to contend against such odds, and the 'cease fire' was +sounded, and handkerchiefs waved to denote submission. During this +unequal struggle, Mrs. Smith, the widow of the bandmaster of the +regiment, who, with the wife of Sergeant-Major Fox and some children, +were riding in one of the foremost waggons, came fearlessly up to +where the wounded lay, and, tearing strips from her clothing, helped +the surgeon to bandage the wounds. The sergeant-major's wife was +severely wounded, as was also Fox himself. There was no lack of +heroism during those awful ten minutes, whilst men were being shot +down like dogs. Lieutenant Harrison was shot through the head while +cheering on his men; Lieutenant Hume was equally conspicuous +for his coolness. An orderly-room clerk named Maistre and the +Sergeant-Master-Tailor Pears quietly concealed the regimental colours +in a waggon-box when they saw the danger of them falling into the +hands of the enemy; and their work was not in vain, as Conductor +Egerton managed subsequently to wrap them round his body under his +tunic, and having obtained permission after the fight was over to walk +to Pretoria for medical assistance, he carried them safely to the +capital, as well as the disastrous news of the engagement. Forty-two +miles traversed by a wounded man on foot in eleven hours is in itself +a feat worth mentioning, and one the value of which can only be +really estimated by those who know what South African roads are in +the rainy seasons. + +As soon as our force surrendered, Franz Joubert, who had been in +command of the Boers, and who, it is said, fired the first shot, with +the exclamation, 'What is the use of waiting?' came forward with some +of his men, and on finding poor Colonel Anstruther severely wounded +expressed sorrow. + +Whether the affair of Bronkhorst Spruit can be called an act of +treachery on the part of the Boers is rather a nice question. Colonel +Anstruther's words--the words of a dying man--rather go to prove that +he was unfairly treated, though he does not say so directly. He was +given to understand by the messenger who came with the flag of truce +that another communication would be made to him as soon as his reply +to the request to halt had been reported to the Boer Commandant. The +only reply given him was 'a murderous volley.' The Boers cannot lay +claim to much bravery or superiority (except in numbers) over our +soldiers in this fight. Theirs was a deliberately-planned ambush to +entrap men who had no idea that they were marching in an enemy's +country. Bronkhorst Spruit engagement is the one during the whole of +the war which does not redound to the credit of the Dutch, even if it +does not reflect great discredit upon them. If a reasonable time had +been allowed Colonel Anstruther to give his reply, the 94th could not +then say, as they do say and will say, that they were treacherously +surprised. 'Two minutes' looks, under the circumstances, very much +like an idle pretence of fair dealing to cover an intentional act of +cowardice which subsequent conduct could hardly palliate. The Boers +say that they had not more men than were marching with the 94th on +that occasion; that statement is worth very little, considering the +evidence of our officers, and, above all, the harsh evidence of the +facts that the 94th was from advance-guard to rear-guard practically +surrounded and outnumbered in every direction. + +The preparedness of the Boers and the precision of their fire may be +gathered from the testimony of Dr. Crow, of Pretoria, who attended +the wounded, and vouched for an average of five wounds per man. Dr. +Crow also wrote: + +But as disastrous as the late war in the Transvaal had been to +British prestige, thank God those at Bronkhorst Spruit did their duty +and died like men, a noble example to any army. If any stain has been +cast on the British flag in the Transvaal, the gallant 94th did all +that was possible by their deeds at Bronkhorst Spruit to obliterate +it. + +The news of this affair was received with horror, and the feelings +roused by the details of it have never been allayed. Race-hatred may +have its origin in a hundred little incidents, but in the Transvaal +there were two which undoubtedly, whether justly or otherwise, gave +a character to the Boers that has embittered feeling against them +more than any which had occurred in generations previous. The +second affair followed very closely on the Bronkhorst Spruit +engagement--_i.e.,_ the infamous murder of Captain Elliott, the only +surviving unwounded officer from Bronkhorst Spruit. Captains Elliott +and Lambert were taken prisoners, and were offered the choice of +two alternatives--either to remain prisoners of war during the +hostilities in the Transvaal, or to be released on _parole +d'honneur_ on condition that they should leave the Transvaal at +once, cross into the Free State under escort, and not bear arms +against the Republican Government during the war. The second +alternative was chosen. They received an escort and free pass from +Commandant-General Piet Joubert. The following is extracted from +Captain Lambert's Report to Sir George Colley on January 5: + +We started about 1 p.m. from the Boer camp, passing through the town +of Heidelberg. After going about six to eight miles, I noticed we +were not going the right road, and mentioned the fact to the escort, +who said it was all right. Having been 'look-out' officer in the +Transvaal, I knew the district well. I was certain we were going +wrong, but we had to obey orders. At nightfall we found ourselves +nowhere near the river drift, and were ordered to outspan for the +night, and next morning the escort told us they would look for the +drift. Inspanning at daybreak, we again started, but after driving +about for some hours across country, I told the escort we would stop +where we were while they went to search for the drift. Shortly after +they returned and said they had found it, and we must come, which we +did, eventually arriving at the junction of two rivers (Vaal and +Klip), where we found the Vaal impassable, but a small punt, capable +of holding only two passengers at most, by which they said we must +cross. I pointed out that it was impossible to get my carriage or +horses over by it, and that it was not the punt the General said we +were to cross. The escort replied it was Pretorius's punt that the +General told them to take us, and we must cross; that we must leave +the carriage behind and swim the horses, which we refused to do, as +we then should have had no means of getting on. I asked them to show +me their written instructions, which they did (written in Dutch), and +I pointed out that the name of Pretorius was not in it. I then told +them they must either take us back to the Boer camp again or on to +the proper drift. We turned back, and after going a few miles the +escort disappeared. Not knowing where we were, I proposed to Captain +Elliott we should go to the banks of the Vaal, and follow the river +till we came to the proper punt. After travelling all Monday, +Tuesday, and up till Wednesday about 1 p.m., when we found ourselves +four hours, or twenty-five miles, from Spencer's punt, we were +suddenly stopped by two armed Boers, who handed us an official +letter, which was opened, and found to be from the Secretary to the +Republican Government, stating that the members were surprised that, +as officers and gentlemen, we had broken our _parole d'honneur_, and +refused to leave the Transvaal; that if we did not do so immediately +by the nearest drift, which the bearers would show us, we must +return as prisoners of war; that as through our ignorance of the +language of the country there might be some misunderstanding, they +were loth to think we had willingly broken our promise. We explained +that we should reply to the letter, and request them to take it to +their Government, and were prepared to go with them at once. They +took us back to a farmhouse, where we were told to wait until they +fetched their commandant, who arrived about 6 p.m., and repeated to +us the same that was contained in our letter of that day. We told +him we were ready to explain matters, and requested him to take our +answer back to camp. He then ordered us to start at once for the +drift. I asked him, as it was then getting dark, if we could start +early next morning, but he refused. So we started, he having said we +should cross at Spencer's, being closest. As we left the farmhouse, +I pointed out to him that we were going in the wrong direction; but +he said, 'Never mind; come on across a drift close at hand.' When we +got opposite it, he kept straight on; I called to him, and said that +this was where we were to cross. His reply was, 'Come on!' I then +said to Captain Elliott, 'They intend taking us back to Pretoria,' +distant some forty miles. Suddenly the escort (which had all at once +increased from two to eight men, which Captain Elliott pointed out +to me; and I replied, 'I suppose they are determined we shall not +escape, which they need not be afraid of, as we are too keen to get +over the border') wheeled sharp down to the river, stopped, and, +pointing to the banks, said, 'There is the drift--cross!' I drove my +horses into the river, when they immediately fell; lifted them, and +drove on about five or six yards, when we fell into a hole. Got them +out with difficulty, and advanced another yard, when we got stuck +against a rock. The current was now so strong and drift deep, my +cart was turned over on to its side, and water rushed over the seat. +I called out to the commandant on the bank that we were stuck and to +send assistance, or might we return, to which he replied, 'If you +do, we will shoot you.' I then tried, but failed, to get the horses +to move. Turning to Captain Elliott, who was sitting beside me, I +said, 'We must swim for it'; and asked could he swim, to which he +replied, 'Yes.' I said, 'If you can't, I will stick to you, for I +can.' While we were holding this conversation, a volley from the +bank, ten or fifteen yards off, was fired into us, the bullets +passing through the tent of my cart, one of which must have mortally +wounded poor Elliott, who only uttered the single word 'Oh!' and +fell headlong into the river from the carriage. I immediately sprang +in after him, but was swept down the river under the current some +yards. On gaining the surface of the water, I could see nothing of +Elliott, but I called out his name twice, but received no reply. +Immediately another volley was fired at me, making the water hiss +around where the bullets struck. I now struck out for the opposite +bank, which I reached with difficulty in about ten minutes; but as +it was deep, black mud, on landing I stuck fast, but eventually +reached the top of the bank, and ran for about two hundred yards +under a heavy fire the whole while. + +The Boers then invaded Natal and took up a position on Laing's Nek, +four miles inside the Natal border, from which, on January 28, Sir +George Colley endeavoured to oust them with a mounted force of 70 men +and some 500 men of the 58th Regiment. The position is one difficult +enough to climb unencumbered by military accoutrements, but the +disposition of the little mounted force covered the approach. By some +unexplained mistake, however, half of the mounted infantry charged +and carried the Boer position before the 58th had climbed the hill, +but were too weak to hold it and retired, leaving the 58th uncovered +in a terrible ascent. But few of the exhausted men reached the top of +the hill, and those, led by Colonel Deane, only to be shot down. Of +the mounted men, 17 were killed and wounded; of the 58th, 73 were +killed and 100 wounded. The result was absolute defeat of the British +forces. The number of Boers engaged is not known, but the force +behind the Nek consisted of several thousands, and no doubt a fair +proportion engaged in the fight. + +On February 8 General Colley made a demonstration in force on the +Ingogo Heights. The force consisted of under 300 men, with 4 guns and +38 mounted men. On the Boer side there were about 1,000 men, and the +fight lasted from morning until after dark. It was a drawn fight, in +which both parties left the battlefield at night. There cannot be any +doubt, however, that the balance of advantage was with the Boers, +since the loss on the British side was very severe: 76 men were +killed and 69 wounded. + +On February 27 came Majuba, when Sir George Colley designed to +retrieve his fortunes and strike an effective blow without the aid of +his second-in-command, Sir Evelyn Wood, whom he had sent to hurry up +reinforcements. The scaling of the mountain at night was a fine +performance. The neglect to take the rocket apparatus or mountain +guns, or to fortify the position in any way, or even to acquaint the +members of the force with the nature of the position which they had +taken up in the dark, and the failure to use the bayonets, were the +principal causes of disaster. The Boers attacked in force a position +which should have been absolutely impregnable, held as it was by a +force of 554 soldiers. The Boer force is not known, but probably +consisted of upwards of 1,000 men, since Christian Joubert after the +fight offered to take a portion of the men, numbering, as he said, +some 500, to attack a small British laager on one of the spurs of +the mountain. The splendid feat of taking the hill-top, however, was +accomplished by a small storming party of less than 200 men, the +balance of the Boer forces covering the approach of their comrades +by an accurate and incessant long-range fire. The result, as is +known, was terrible disaster: 92 killed and 134 wounded, and a +number taken prisoners, represented the British loss, whilst the +Boers lost 1 killed and 5 wounded. No attempt had been made to +occupy positions below the crown of the hill which commanded the +approaches, and the Boers were able to creep up under good cover +from place to place by the exercise of their admirable tactics. It +is impossible to detract from the performance of the Boers, and a +glance at the position leaves one more astonished than ever that a +successful attack could ever have been made upon it. The Boers +displayed on this day the finest fighting qualities. The generalship +of their fighting Commandant, Nikolas Smit, was of the highest +order. The cleverness of the attack, and the personal bravery and +audacity of the storming party are beyond praise. + +By the time Sir Evelyn Wood had ranged his forces for an effective +and extended attack on the Boers, and by the time Sir Frederick +Roberts with the command of about 10,000 men had reached South +Africa, the administration of Mr. Gladstone had awakened to the fact +that the war was an unjust--not to say costly--one. An armistice was +arranged and peace made without another blow. + +The terms of the settlement proposed by the Liberal Government fitly +illustrate the generosity of their motives. They proposed doing +'simple justice' to the Boers, but at the same time retaining the +districts of Lydenburg, Middelburg, Wakkerstroom, and Utrecht, not to +mention handing back Zoutpansberg to the original native occupants. +So anxious were the Boer leaders to effect a peaceful settlement, so +fearful were they of the actions of their followers, that when they +arranged the long armistice they did not announce to their party the +intentions of the British Government regarding the above districts. +General Joubert did not communicate to his army the terms of peace, +but simply stated that a Royal Commission was to settle everything. +A month later, when some inkling of the terms reached the Boers, a +solemn protest and warning was issued, and when the Royal Commission +actually sat, the British representatives were informed that any +such curtailment of the territories would be followed by a +resumption of hostilities. Needless to say the proposals were +abandoned and the Boers got their way. So ended the war. + +Ingogo has been called a drawn battle. Bronkhorst Spruit was--such as +it was. At Laing's Nek and Majuba the Boers beat us, as Mr. Carter +fairly puts it, 'when they were on the top of the hill and we were at +the bottom, and when we were on the top of the hill and they were at +the bottom.' The narrative of these events is about as humiliating a +one as an Englishman can read. Here and there it is redeemed by the +heroic conduct of individuals in the midst of general disaster. In +the smaller affairs, such as the particularly gallant defences of +Standerton, Potchefstroom, and Rustenberg, where little garrisons +held their own with conspicuous ability and courage, there is +something to cheer the disheartened reader. The defence of +Potchefstroom by Colonel Winslow should be read in full for several +reasons. The siege of Standerton witnessed several acts of valour, +but, above all, that of Hall the volunteer, who single handed +deliberately engaged a force of over 300 Boers, drawing their fire on +himself in order to warn his comrades of the danger of being cut off +and to give them a chance of escape--a noble act in which the gallant +fellow achieved his object but lost his life. It was in Rustenberg +where Captain Auchinleck, with about seventy men armed only with +rifles, held his laager against hundreds of the enemy, fighting day +and night for weeks; and eventually drove off the Boers who were +trenching towards his position by charging at night with from nine to +fourteen of his men and clearing the enemy out of the trenches with +the bayonet. This performance he repeated three times, himself badly +wounded on each occasion. The impression created on the enemy by +these tactics was such that they overcame their desire to get at +close quarters with him, and left him severely alone. + +It is not necessary to refer in great detail to the settlement In +effect it was that the Boers gained nearly all that they required, +but not until the haggling and threatening had robbed concessions of +all appearance of grace and justice. The natives were referred to in +the conventional spirit. The unfortunate loyalists were left to take +care of themselves. The men who had entered the Transvaal, and +invested their capital and expended their energies there upon the +most positive and sacred assurances of the British Government that +the Queen's authority would never be withdrawn,--assurances given in +public by the Conservative Government and confirmed by Mr. +Gladstone's Government, assurances published by Sir Bartle Frere and +Sir Garnet Wolseley, who said that 'as long as the sun would shine +the British flag would fly over the Transvaal,'--were heartlessly +abandoned, their protests were unheeded, the compensation allotted to +them, namely, L1,400,000, was amended by the elimination of the +million, their representations to Mr. Gladstone's Government were +finally left unanswered--unless it be that the sneering reference +made by that right honourable gentleman in the House of Commons to +'interested contractors and landjobbers' may be considered an +adequate answer to a protest as moderate, as able, as truthful, and +as necessary as Mr. Gladstone's remark was the reverse. In very +truth, the position in which the British Premier had placed himself +through his intemperate speeches in the Midlothian campaign, and his +subsequent 'explaining away,' was an extremely unpleasant one. In +Opposition Mr. Gladstone had denounced the annexation and demanded a +repeal. On accession to power he adopted the policy of his +predecessors, and affirmed that the annexation could never be +revoked. On June 8, 1880, he had written to this effect to Messrs. +Kruger and Joubert, the Transvaal deputation. Later on, in answer to +an appeal that he should allay the apprehensions of the loyalists, +who feared the results of the Boer agitation, he referred them to +this very letter as a final expression of opinion, and authorized the +publication of this message. When, however, peace had been concluded, +and the loyalists, amazed and heartbroken at their threatened +desertion, reminded him of his pledges and implored him to respect +them, he answered them in a letter which is surely without parallel +in the record of self-respecting Governments. The wriggling, the +equivocation, the distortion of phrases, the shameless 'explaining +away,' are of a character that would again justify the remark of +Lord Salisbury (then Lord Robert Cecil) in another matter many years +before, that they were 'tactics worthy of a pettifogging attorney,' +and even the subsequent apology--to the attorney. But what answer +could be made to a protest which reminded the right honourable +gentlemen of the following deliberate and official expression of his +Government's policy?-- + +In your letter to me (wrote Mr. White for the loyalists) you claim +that the language of your letter does not justify the description +given. With the greatest respect I submit that it does, and I will +quote the words on which I and also my colleagues base the opinion +that it does unequivocally pledge the Government to the +non-relinquishment of the Transvaal. + +The actual words of your letter are: + +'Looking at all the circumstances, both of the Transvaal and the rest +of South Africa, and to the necessity of preventing a renewal of the +disorders, which might lead to disastrous consequences, not only to +the Transvaal, but to the whole of South Africa, _our judgment is +that the Queen cannot be advised to relinquish the Transvaal_; but, +consistently with the maintenance of that sovereignty, we desire that +the white inhabitants of the Transvaal should, without prejudice to +the rest of the population, enjoy the fullest liberty to manage their +local affairs.' + +But your letter of the 8th of June not only contained this final and +absolute announcement of the policy of England, but it gave the +reasons for arriving at it in words which so aptly express the case +of the loyalists that I quote them _in extenso_. They are as follows: + +'It is undoubtedly matter for much regret that it should, since the +annexation, have appeared that so large a number of the population of +Dutch origin in the Transvaal are opposed to the annexation of that +territory, _but it is impossible now to consider that question as if +it were presented for the first time_. We have to do with a state of +things which has existed for a considerable period, _during which +obligations have been contracted_, especially, though not +exclusively, towards the native population, _which cannot be set +aside_.' + +In your speech in the House of Commons, on the debate on Mr. Peter +Rylands' motion condemning the annexation of the country and the +enforcement of British supremacy in it, which was defeated by a +majority of ninety-six, on the 21st of January in the current year, +you used words of similar import. You are reported in the _Times_ of +the 22nd of January as saying: + +'To disapprove the annexation of a country is one thing; to abandon +that annexation is another. Whatever we do, we must not blind +ourselves to the legitimate consequences of facts. By the annexation +obligations entailed by the annexation, and if in my opinion, and in +the opinion of many on this side of the House, wrong was done by the +annexation itself, _that would not warrant us in doing fresh, +distinct, and separate wrong by a disregard of the obligation which +that annexation entailed_. These obligations have been referred to in +this debate, and have been mentioned in the compass of a single +sentence. First, there was the obligation entailed towards the +English and other settlers in the Transvaal, perhaps including a +minority, though a very small minority, of the Dutch Boers +themselves; secondly, there was the obligation to the native races; +and thirdly, there was the obligation we entailed upon ourselves in +respect of the responsibility which was already incumbent upon us, +and which we, by the annexation, largely extended, for the future +peace and tranquillity of South Africa.' + +Nor was this all. The loyalists proceeded to remind him that Lord +Kimberley, his Secretary of State for the Colonies, had telegraphed +in May, 1880, 'Under no circumstances can the Queen's authority in +the Transvaal be relinquished,' and had confirmed the telegram in a +despatch following; and that his lordship had also stated in the +House of Lords on May 24 that '... after a careful consideration of +the position, we have come to the conclusion that we could not +relinquish the Transvaal. Nothing could be more unfortunate than +uncertainty in respect to such a matter.' (Hansard, cclii., p. 208.) + +The effects of the settlement, and the exposures in connection with +it, and the attitude of the Imperial Government were most deplorable. +No credit was given by the Boers to a Government which was clearly +moved by the meanest considerations. No feeling but contempt, +disgust, and even hatred, could be entertained by the loyalists for +the Government which had so shamelessly deserted them. The settlement +has left its indelible mark upon the sentiment of South Africa. The +war, it will generally be admitted, was a most unfortunate +occurrence. Only one thing could have been more unfortunate, and that +was such a settlement as actually was effected--a settlement which +satisfied no one, which outraged all, which threw South Africa into a +state of boiling discontent. In some quarters the defeats of Majuba +and Laing's Nek rankled deeply; yet they were fair fights, and Time +can be trusted to allay the feelings of those who are worsted in a +fair fight; but there were other matters which roused a spirit in +the English-speaking people of South Africa that had never been +known before. + +The former records of the Boers, favourable and unfavourable, are +consistent with the records established in the War of Independence. +None dare belittle the spirit which moved them to take up arms +against the greatest Power in the world. Their ignorance may have +been great, but not so great as to blind them to the fact that they +were undertaking an unequal contest. It is not possible to say, with +due regard to their records, that they are not a courageous people. +Individual bravery, of the kind which takes no heed of personal risk, +reckless heroic dash, they have not, nor do they pretend to have. +Their system is entirely otherwise. They do not seek fighting for +fighting's sake. They do not like exposing themselves to risk and +danger. Their caution and their care for personal safety are such +that, judged by the standard of other people's conduct in similar +positions, they are frequently considered to be wanting in personal +courage. It seems a hard thing to say of a people who have produced +men like the first Bezuidenhout, who fought and died single-handed +against the British troops; men like Piet Retief, as gallant a man as +ever walked; men like Piet Uys, an example to all men for all time, +and only one of many generations in one family of equally gallant +Dutchmen; but it would truly seem that such examples do not occur +with such frequency among the Boers as among nations with whom they +have been compared. Where they have been able to choose their own +positions, or where they have been stimulated by previous successes, +they have done all that could possibly be asked of them; but their +particular military system does not conduce to success under +circumstances where men are suddenly and unexpectedly called upon to +exhibit the virtues of discipline, to make what to the individual may +appear a useless sacrifice of life, or, in cold blood and in the face +of previous defeat, to attempt to retrieve a lost position. + +The Boer military power has been called the biggest unpricked bubble +in the world. Whether this be so or not--whether the early conflicts +between the British troops and the Boers in the Cape Colony and Natal +justify the view that the Boers cannot take a beating and come up +again--is a matter for those to decide who will give their impartial +attention to the records. + +Whilst conspicuous personal daring among the Boers may not be +proverbial, it must be remembered to their everlasting credit that +they, as did the Southerners in the American Civil War, robbed the +cradle and the grave to defend their country. Boys who were mere +children bore rifles very nearly as long as themselves; old men, who +had surely earned by a life of hardship and exposure an immunity from +such calls, jumped on their horses and rode without hesitation and +without provision to fight for their independence. + +There were, however, unfortunately, matters connected with the war +which gave birth to a bitter and aching desire for revenge. +Bronkhorst Spruit and the murder of Captain Elliott were among the +earliest. Another was the shooting of Dr. Barbour (who was killed +instantly) and Mr. Walter Dyas (wounded) by their escort under +circumstances similar to those of the Elliott murder, with the +exception that in this case the prisoners had been released on foot +and in daylight, and were then shot down. + +But there were others too. There was the murder of Green in +Lydenburg, who was called to the Boer camp, where he went unarmed and +in good faith, only to have his brains blown out by the Boer with +whom he was conversing; there was the public flogging of another +Englishman by the notorious Abel Erasmus because he was an Englishman +and had British sympathies; and there were the various white flag +incidents. At Ingogo the Boers raised the white flag, and when in +response to this General Colley ordered the hoisting of a similar +flag to indicate that it was seen, a perfect hail of lead was poured +on the position where the General stood; and it was obvious that the +hoisting of the flag was merely a ruse to ascertain where the General +and his staff were. There was the ambulance affair on Majuba, when +the Boers came upon an unarmed party bearing the wounded with the red +cross flying over them, and after asking who they were and getting a +reply, fired a volley into the group, killing Surgeon-Major Cornish. +under Commandant Cronje were guilty of actions contrary to the usages +of civilized warfare. They are matters of history, and can easily be +verified. Reference is made to them elsewhere in this volume in +connection with Commandant Cronje's action on another occasion. + +And so the war left the country, as wars will, divided into two +parties, with feelings towards each other that are deplorable enough +in themselves, and not easily allayed. The curtain was rung down, and +the scene was lost to the view of the world, but the play went on all +the same behind the curtain. And this is what the new Government said +to the world on August 8, 1881, when they took over the +administration of the country: + +To all inhabitants, without exception, we promise the protection of +the law, and all the privileges attendant thereon. + +To inhabitants who are not burghers, and do not wish to become such, +we notify that they have the right to report themselves to the +Resident as British subjects, according to Article 28 of the now +settled Convention. But be it known to all, that all ordinary rights +of property, trade, and usages will still be accorded to everyone, +burgher or not. + +We repeat solemnly that our motto is, 'Unity and reconciliation.' + + +Footnotes for Chapter I + +{01} Written in 1896. + +{02} Several of the letters and despatches given in this volume are +quoted from Mr. Martineau's excellent 'Life of Sir Bartle Frere,' a +portion of which book was lately published in cheaper form, under +the title of 'The Transvaal Trouble and How it Arose.' + +{03} It is only fair to state that _at that time_ the Home Government +believed the prestige of the Imperial authority to be sufficient for +all purposes. + + + + +CHAPTER II + +AFTER THE WAR + + +In 1882 Sir Bartle Frere wrote, 'I have never been able to discover +any principle in our policy in South Africa except that of giving way +whenever any difficulty or opposition is encountered.' The remark is +still as true as when it was penned, and South Africa--the 'Grave of +Reputations,'{04} as it has long been called--must by this time be +regarded with doubtful emotions by successive Colonial Secretaries. +What is it about South Africa, one asks, that has upset so many men +of capacity and experience? Who can say? Often--most often--it is the +neglect to thoroughly study and know what are called the 'local +conditions,' and to pay due heed to local experience. Sometimes it is +the subordination of State policy to party considerations which has +ruined the Proconsul: witness Sir Bartle Frere, whose decisive +action, firm character, and wise and statesmanlike policy are +now--now that he is dead--recognised universally, as they have always +been in South Africa. Perhaps there is something in Africa itself +which makes it a huge exception to the rules of other lands; the +something which is suggested in the 'rivers without water, flowers +without scent, and birds without song'; a contrariness which puts the +alluvial gold on the top of mountain ranges and leaves the valleys +barren; which mocked the experience of the world, and showed the +waterworn gravel deposit to be the biggest, richest, deepest, and +most reliable gold reef ever known; which placed diamonds in such +conditions that the greatest living authority, who had undertaken a +huge journey to report on the occurrence, could only say, in the face +of a successful wash-up, 'Well, there _may_ be diamonds here, but all +I can say is they've no right to be'; the something which many, many +centuries ago prompted the old Roman to write, 'Ex Africa semper +aliquid novi affert,' and which is in the mind of the South African +to-day when he says, 'The impossible is always happening in Africa.' + +There is this to be said for the Gladstone Ministry in 1881: that, +having decided on a policy of scuttle and abandonment, they did it +thoroughly, as though they enjoyed it. A feeble vote-catching +provision, with no security attached, was inserted in the Pretoria +Convention relative to the treatment of natives, but no thought or +care was given to the unfortunate British subject who happened to be +a white man, and to have fought for his Queen and country.{05} The +abandonment was complete, without scruple, without shame. It has been +written that 'the care and forethought which would be lavished on a +favourite horse or dog on changing masters were denied to British +subjects by the British Government.' The intensity and bitterness of +the resentment, the wrath and hatred--so much deeper because so +impotent--at the betrayal and desertion have left their traces on +South African feeling; and the opinion of the might and honour of +England, as it may be gleaned in many parts of the Colonies as well +as everywhere in the Republics, would be an unpleasant revelation to +those who live in undisturbed portions of the Empire, comfortable in +the belief that to be a British subject carries the old-time magic of +'Civis Romanus sum.' + +The Transvaal State, as it was now to be called, was re-established, +having had its trade restored, its enemies crushed--for Secocoeni and +Cetewayo were both defeated and broken--and its debts paid or +consolidated in the form of a debt to England, repayable when +possible. For some time not even the interest on this debt was paid. + +Numbers of British subjects left the country in disgust and despair. +Ruined in pocket and broken in spirit, they took what little they +could realize of their once considerable possessions, and left the +country where they could no longer live and enjoy the rights of free +men. For some years the life of a Britisher among the Boers was far +from happy. It is not surprising--indeed, not unnatural--that people +unsoftened by education and the conditions of civilization, moved by +fierce race prejudice, and intoxicated by unbroken and unexpected +success, should in many cases make the vanquished feel the +conqueror's heel. The position of men of British name or sympathies +in the country districts was very serious, and the injustice done to +those who had settled since the annexation, believing that they were +to live under the laws and protection of their own Government was +grave indeed. + +The Government of the country was vested in a Triumvirate with Mr. +Stephanus Johannes Paulus Kruger as Vice-President during the period +immediately following the war; but in 1882 the old form was restored +and Mr. Kruger was elected President, an office which he is now +holding for the third successive term.{06} + +Prior to the war the population of the country was reckoned by both +Dutch and English authorities to be about 40,000 souls, the great +majority of whom were Dutch. The memorial addressed to Lord +Carnarvon, dated January 7, 1878, praying for repeal of the +annexation, was 'signed by 6,591 qualified electors out of a possible +8,000,' as is explained in the letter of the Transvaal delegates to +Sir M. Hicks-Beach dated July 10, 1878. The fact, already mentioned, +that 3,000 electors had petitioned for the annexation only means that +some of them changed their minds under pressure or conviction, and +helped to swell the number of those who later on petitioned for +repeal. The signatories to the above memorial would include +practically all the Dutch electors in the country, and the remaining +1,400 or so would probably be the non-Boer party who preferred +British rule, and could not be coerced into signing memorials against +it. These figures are useful as a check upon those now put forward by +the Transvaal Government to combat the assertion that the Uitlanders +outnumber the Boers. Recognizing the fact that the Boers are a +singularly domestic and prolific people, one may allow that +they numbered 35,000 out of the total population, an estimate that +will be seen to be extremely liberal. At the time that the above +figures were quoted by the Transvaal delegates every Boer youth over +the age of twenty-one was a qualified voter, so that it would seem +that the qualified Boer voter had an _average_ of one wife and 4.3 +children, a fair enough allowance in all conscience. These figures +should be borne in mind, for the present Boer population consists of +what remains of these 35,000 souls and their natural increase during +eighteen years. There are other Dutch immigrants from the Cape +Colony and Free State: these are aliens, who have the invaluable +qualification of hating England and her sons and her ways and +her works; but, as will be made clear when the Franchise Law is +explained, the present Boer electorate consists-or, without fraud or +favouritism, _should_ consist-of the 'possible 8,000' and their +sons. + +Many a champion of liberty has lived to earn the stigma of tyrant, +and the Boers who in 1835 had trekked for liberty and freedom from +oppressive rule, and who had fought for it in 1880, began now +themselves to put in force the principles which they had so stoutly +resisted. In the Volksraad Session of 1882 the first of the measures +of exclusion was passed. The Franchise, which until then-in +accordance with Law No. 1 of 1876-had been granted to anyone holding +property or residing in the State, or, failing the property +qualification, to anyone who had qualified by one year's residence, +was now altered, and Law No. 7 of 1882 was passed which provided that +aliens could become naturalized and enfranchised after five years' +residence, thus attaining the status of the oldest Voortrekker. The +feeling was now very strong against the Annexation Party, as they had +been called, that is to say, the men who had had the courage of their +convictions, and had openly advocated annexation; and as usual the +bitterest persecutors and vilifiers were found in the ranks of those +who, having secretly supported them before, had become suspect, and +had now need to prove their loyalty by their zeal. The intention was +avowed to keep the party pure and undiluted, as it was maintained +by many of the Boers that former proselytes had used their +newly-acquired privileges to vote away the independence of the +country. The view was not unnatural under the circumstances, and this +measure, had it not been a violation of pledges, might have found +defenders among impartial persons; but unfortunately it proved to +be not so much a stringently defensive measure which time and +circumstances might induce them to modify, as the first step in a +policy of absolute and perpetual exclusion. It was the first +deliberate violation of the spirit of the settlement, and, although +there is no clause in the Pretoria Convention which it can be said +to contravene, it was, as Mr. Chamberlain has since styled it, 'a +violation of the _status quo_ as it was present to the minds of her +Majesty's Ministers at the time the Convention was negotiated.' But +the Gladstone Ministry, which had paid so heavily to get rid of the +Transvaal question, was certainly not going to re-open it for the +sake of holding the Boers to the spirit of the settlement. + +Another precaution was taken to keep all the power in the hands of +the Boers. The various towns which had formerly been entitled to +representation in Parliament were deprived of this right, and have +remained disfranchised ever since. Mr. Kruger feared that the +enlightened thought of the towns would hinder the growth of his +'national policy.' + +It was not too late even at this time to have bloodlessly settled the +Transvaal question for ever by a fair but thoroughly firm attitude +towards the restored Republic. No doubt British Ministers, conscious +of an act of supreme self-restraint and magnanimity, believed that +some reciprocal justice would be evoked. At any rate, it is possible +that this was the reason which guided them, and not continued callous +indifference to the fate of British subjects and the future of South +Africa. In such case, however, they must have forgotten 'the fault of +the Dutch'--which Andrew Marvell's couplet has recorded--of 'giving +too little and asking too much.' The Transvaal Boers are very +practical people, and no matter what they may receive or how they get +it, whether by way of diplomacy or barter or the accident of good +luck or deed of gift, they never neglect to press and scheme for +more. It is an unpleasant feature in the Boer character, prominent +alike in personal and general relations, begotten, mayhap, of hard +life, constant struggle, and lack of education and its softening +and elevating influence. It is a feature which is common to all +uneducated peoples who have suffered great hardships, and it will no +doubt disappear in time; but it is one which has to be reckoned with +at the present day, and one which, when recognized at its true value, +sustains the contention that the Boers, in dealing with those whom +they regard as not of them, will recognise no right and do no justice +unless compelled to do so. The considerations of a narrow and selfish +policy are stronger than the sense of right and wrong. + +British Ministers and the British people when glowing with a mildly +enthusiastic satisfaction at their tolerant and even generous +attitude towards a weaker opponent may imagine that they have sown +good seed which in time will bear ample fruit; but it is not so. +Nothing but firmness and strict justice will avert a bloody day of +reckoning. Nothing but prompt and effective veto on every attempt to +break or stretch the spirit of past undertakings will bring it home +to the Transvaal Government that all the give cannot be on the one +side and all the take on the other; that they cannot trade for ever +on the embarrassment of a big Power in dealing with a little one; and +that they must comport themselves with due regard to their +responsibilities. + +Almost the first use made by the Transvaal Government of their +recovered power was one which has wrought much mischief to the State. +The Triumvirate who ruled the country in 1882 granted numbers of +concessions, ostensibly for the purpose of opening up industries or +developing mining areas. The real reasons are generally considered to +have been personal, and the result was the crushing of budding +activities, and the severe discouragement of those who were willing +to expend capital and energies in legitimate work. Favouritism pure +and simple dictated these grants. It is hardly too much to say that +the system and spirit then introduced rule to this day, for although +the Volksraad has taken definite resolution condemning the principle +of monopolies and contracts conferring preferential rights of any +sort, the spirit of this resolution is violated whenever the +President and Executive deem it fit to do so--witness, for instance, +the monopoly granted in December, 1895, for the free importation +of produce, which is disguised as a Government agency with a +'commission' to the agent; but it is really a monopoly and +nothing else! + +The Boers were not satisfied with the Convention of 1881. They +desired the removal of the Suzerainty, the cancellation of the +clauses referring to natives, and the restoration of the title of the +South African Republic in lieu of that of the Transvaal State. They +also desired (but did not expect to obtain) complete freedom in +regard to their external relations, and they lost no time in trying +how far they would be allowed to go in the direction of stretching +the spirit of the Convention. Nothing in that ineffectual and +miserable document is clearer than the definition of certain +boundaries, and the provision that no extension shall be allowed. +This hemming of them in--or shutting them up in a kraal, as President +Kruger has expressively put it--was intensely repugnant to them. It +cut into one of the most deeply-rooted habits of the Boer. His method +of trek and expansion has been, to begin by making small hunting +excursions into adjacent native territories, to follow up with +grazing his cattle there until he created in his own mind a right by +prescription, and then to establish it either by force or else by +written agreement, too often imperfectly translated. This was +oftentimes varied or supplemented by helping the weaker of two rival +chiefs, and so demolishing the power of a tribe. The expulsion of the +native followed as a natural result. + +In the Transvaal itself there was, and still is, an immense quantity +of unoccupied land, and the Boers were quite unable to properly +control, utilize, and administer their own immense territory, but +'land hunger' is theirs as a birth curse. The individual cannot bear +to see the smoke of his neighbour's chimney; he will not cultivate 50 +acres, but wants 50,000; the 'nation' wants Africa--no less. They +coveted Swaziland, Zululand, Bechuanaland, Matabeleland, Mashonaland, +and Tongaland, and set to work by devious methods to establish claims +to these countries. + +In Bechuanaland they took sides; that is to say, parties of +freebooters from the Transvaal took up the cause of certain native +chiefs against certain others. The London Convention in 1884 +disposed of this quarrel by fixing the south-western boundaries +of the Republic, and placing two of the disputing chiefs under +the Transvaal, and the other two under British protection. +Notwithstanding this, however, the new Convention was no sooner +signed than the scheming was resumed, and before a year had passed a +party of Transvaal Boers, several of them now holding high official +positions under the Republic, raided the territory of the chiefs in +the British Protectorate, and even attacked the chief town Mafeking. +This was followed by a proclamation by President Kruger placing the +territory under the protection of the Republic. Mr. Rhodes, who had +already made himself conspicuous by his advocacy of holding the +highway to the interior open, was instrumental in inducing the +Imperial Government to make a determined stand against this. An +ultimatum moved the Transvaal Government to withdraw the proclamation +and forced the Boers to leave the country--only, however, when and +because the demand was backed by the Warren expedition at a cost of +over a million and a half to the British taxpayer! This expedition +was sent by Mr. Gladstone, the Boer benefactor--notwithstanding all +his anxiety to prove the Transvaal settlement a good one! The action +of the Transvaal, and the most brutal murder of Mr. Bethell by the +individuals above referred to as holding high official positions +under the Republic, gave indications of the bent of the Boer +authorities which people in South Africa did not fail to take note +of. Bethell had been wounded in the invasion of the territory by the +Boers, and as he lay helpless the 'prominent Transvaal official' came +up and, seeing a repeating rifle lying beside him, asked him to show +them how it worked. He did so, and the 'prominent official' taking it +up under pretext of examining it shot Bethell dead with his own +weapon. + +In Zululand similar tactics were resorted to by the Republic. +Transvaal Boers invaded Zululand and (1884) took up the cause of +Dinizulu, a son of the dead Cetewayo, and established him as king, +upsetting Sir Garnet Wolseley's settlement. They then proceeded to +seize the country, but the British Government intervening at this +point, rescued some two-thirds for the Zulus. A glance at the map +will show that the intention of the Boers was to get to the sea, and +also that the unlucky Zulus, who had been broken by the British +Government--and very rightly too--because they were a menace to the +Transvaal, even more than to Natal, were now deprived of the pick of +their country, plundered and harried by the very people who had been +at their mercy until the Imperial Government stepped in. It is very +noteworthy that, with the splendid exception of the lion-hearted Piet +Uys and his sons, who fought and died (father and one son) in the +Zulu war side by side with the Britishers whom he was keenly opposing +on the annexation question, none of the Boers came forward to help in +the Secocoeni or Zulu wars, although these wars were undertaken, the +one entirely, and the other mainly, on their account. But a great +many were ready to raid and annex as soon as the Zulu power was +broken. + +Swaziland became in turn the object of the Boer Government's +attentions. First, grazing concessions were obtained; and next, other +concessions for the collection of Customs and Revenue dues, for +telegraphs, railways, banking, surveying, and goodness only knows +what. One individual applied for and obtained a concession for the +balance of ungranted concessions, and another applied for a grant of +the Chief Justiceship. What chance the unfortunate native had in such +a condition of things can be imagined. The Transvaal bought up all +the concessions necessary to make government of the country +absolutely impossible, except with their cooperation. The secret +service fund of the Republic provided means for making the +representatives of the Swazi nation see things in a reasonable light, +so that when the time came to investigate the title to concessions +and to arrange for the future administration of the country the +result was a foregone conclusion. The judge appointed by the Imperial +Government on the Special Joint Commission to inquire into the +concessions and matters in general let some light on the manner in +which these concessions were acquired and granted, by pertinent +questions to the concessionaires and interpreters. He asked, for +instance, 'Do you swear that you interpreted this document verbatim +to the king?'--'Yes.' 'Will you kindly tell to the Court what is the +or how you interpreted and explained the significance of the +"survey," "mint," "revenue," and "townships" concessions?' + +The picture of the obese and drunken chief surrounded by fawning +harpies was a shameful and disgusting one. One example is sufficient +to show how the thing was done. A concession for gambling was applied +for. The man who interpreted knew a smattering of 'kitchen' Kaffir, +and his rendering of the 'monopoly for billiards, card playing, +lotteries, and games of chance' was that he alone should be allowed +to '_tchia ma-ball_ (hit the balls), _hlala ma-paper_ (play the +papers), and _tata zonki mali_ (and take all the money).' The poor +drunken king nodded sleepily to the first two clauses, but to the +bald proposition of taking all the money, which he _could_ +understand, he violently objected. The concession was, however, +subsequently granted on the representations of a more tactful +interpreter. + +A very flagrant breach of the spirit of the London Convention, and a +very daring attempt at land-grabbing, was the proposed last will and +testament of the Swazi King Umbandine, which provided that the +governing powers should be assigned to Mr. Kruger as executor of the +King and trustee and administrator of the country. His project was +defeated; but the aim of the Boer Government was ultimately achieved, +nevertheless, and Swaziland has now been handed over to the control +of the Republic in spite of the prayers and protestations of the +Swazis themselves, who had proved in the past with very practical +results to be useful, ready, and loyal allies of the British +Government. + +While Swaziland was being entoiled the Transvaal Government were not +idle elsewhere. Matabeleland was looked upon as the heritage of the +Boer, because of the 'old friendship' with the Matabele,--whom they +had driven out of their country, now the Transvaal; and Mashonaland +was theirs because it was their ancient hunting-ground. That the +Boers did not abandon their old schemes merely because they had +agreed by treaty to do so is shown by a letter which was found at Lo +Bengula's kraal by Mr. F. Thompson when he went up to negotiate for +Mr. Rhodes. The stealthy grovelling of the Commandant-General before +a savage native chief, the unctuous phraseology, the hypocritical +assurances of an undying friendship between Boer and Matabele so long +as there are living one of each race, throw a lurid light upon the +conduct of Boer diplomacy with native tribes, and explain much of the +ineradicable fear and distrust which are felt on the native side in +all dealings with the aggressive Boer. The letter reads: + + MARICO, + THE SOUTH AFRICAN REPUBLIC, + _March 9, 1882._ + +_To the great ruler the Chief Lo Bengula, the son of Umzilikatse, the +great King of the Matabili nation_. + +GREAT RULER, + +When this letter reaches you, then you will know that it comes from a +man who very much desires to visit you, but who, being a man of the +people, cannot get loose to make such a long journey. Therefore he +must now be satisfied with writing a letter to carry his regards to +the son of the late King of the Matabele, our old friend Umzilikatse. +When I say that I desire to see you, it is not to ask for anything, +but to talk of something, and to tell Lo Bengula of the affairs and +things of the world, because I know that there are many people who +talk and tell about these matters, whilst there are but few who tell +the truth. Now, when a man hears a thing wrong, it is worse than if +he had never heard it at all. Now, I know that Lo Bengula has heard +some things wrongly, and for this reason would I tell him the real +truth. Now, you must have heard that the English--or as they are +better known the Englishmen--took away our country, the Transvaal, +or, as they say, annexed it. We then talked nicely for four years, +and begged for our country. But no; when an Englishman once has your +property in his hand, then is he like a monkey that has its hands +full of pumpkin-seeds--if you don't beat him to death, he will +never let go--and then all our nice talk for four years did not help +us at all. Then the English commenced to arrest us because we were +dissatisfied, and that caused the shooting and fighting. Then the +English first found that it would be better to give us back our +country. Now they are gone, and our country is free, and we will now +once more live in friendship with Lo Bengula, as we lived in +friendship with Umzilikatse, and such must be our friendship, that so +long as there is one Boer and one Matabele living these two must +remain friends. On this account do I wish to see Lo Bengula, and if I +may live so long, and the country here become altogether settled, and +_the stink which the English brought_ is first blown away altogether, +then I will still ride so far to reach Lo Bengula, and if he still +has this letter then he will hear the words from the mouth of the man +who now must speak with the pen upon paper, and who, therefore, +cannot so easily tell him everything. The man is a brother's child of +the three brothers that formerly--now thirty-two years ago--were at +Umzilikatse's, and then made the peace with him which holds to this +day. He still remembers well when the first Boers, Franz Joubert, +Jann Joubert, and Pieter Joubert, came there, and when they made the +the peace which is so strong that the vile evil-doers were never able +to destroy it, and never shall be able to destroy it as long as there +shall be one Boer that lives and Lo Bengula also lives. + +Now I wish to send something to give Lo Bengula a present as a token +of our friendship. I send for Lo Bengula with the gentleman who will +bring him this letter a blanket and a handkerchief for his great +wife, who is the mother of all the Matabele nation. I will one day +come to see their friendship. The gentleman who brings the letter +will tell you about all the work which I have to do here. Some bad +people have incited Kolahing, and so he thought he would make +fortifications and fight with us, but he got frightened, and saw that +he would be killed, therefore I made him break down the +fortifications and pack all the stones in one heap, and he had then +to pay 5,000 cattle and 4,000 sheep and goats for his wickedness. Now +there is another chief, Gatsizibe--he came upon our land and killed +three people and plundered them--he must also pay a fine, or else we +will punish him or shoot him, because we will have peace in our +country. Now greetings, great Chief Lo Bengula, from the +Commandant-General of the South African Republic for the Government +and Administration. + + P.J. JOUBERT. + + +A big trek (the Banjailand trek) was organized in 1890 and 1891 by +General Joubert and his relatives and supporters to occupy a portion +of the territory already proclaimed as under British protection and +the administration of the Chartered Company. The trekkers were turned +back at Rhodes's Drift, stopped by the firmness and courage and tact +of Dr. Jameson, who met them alone and unarmed; and also by the +proclamation of President Kruger, to whom it had been plainly +intimated that the invasion would be forcibly resisted and would +inevitably provoke war. The matter had gone so far that the offices +of the Republic of Banjai had already been allotted. The President's +proclamation instead of being regarded as the barest fulfilment of +his obligations--very grudgingly done under pressure of threats--was +vaunted as an act of supreme magnanimity and generosity, and was used +in the bargaining for the cession of Swaziland. + +In Tongaland Boer emissaries were not idle; but they failed, owing to +the fact that the Tonga Queen Regent, Zambili, a really fine specimen +of the savage ruler, would have nothing to do with any power but +England, whose suzerainty she accepted in 1887. Being shut off here, +the Boer Government made another bid for seaward extension, and, +through their emissaries, obtained certain rights from two petty +chiefs, Zambaan and Umbegesa, whom they represented as independent +kings; but Lord Rosebery annexed their territories in 1894, and so +put a final stop to the Transvaal schemes to evade the Convention by +intrigue with neighbouring native tribes. + +Nothing can better illustrate the Boers' deliberate evasion of their +treaty obligations than their conduct in these matters. The Pretoria +Convention defined the Transvaal boundaries and acknowledged the +independence of the Swazis, and yet the British Government's delay in +consenting to the annexation of Swaziland by the Republic was +regarded for years as an intolerable grievance, and was proclaimed as +such so insistently that nearly all South Africa came at last to so +regard it. + +The Boers' consent to the Chartered Company's occupation of +Mashonaland was looked upon as something calling for a _quid pro +quo_, and the annexation of Zambaan's land is now regarded as an +infamous act of piracy by England, and an infringement of the +Republic's rights, which the Dutch papers denounce most vehemently. +The Boer Government made it clear, not less in their purely internal +policy than in these matters of extensions of territory, that they +intended pursuing a line of their own. + +In 1882, the property known as 'Moodies,' consisting of a number of +farms bearing indications of gold, was thrown open to prospectors. +The farms had been allotted to Mr. G. Piggott Moodie when he was +Surveyor-General, in lieu of salary which the Republic was unable to +pay. This was the beginning of the prospecting era which opened up De +Kaap, Witwatersrand, and other fields; but it was a small beginning, +and for some time nothing worth mentioning was discovered. The +Republic was again in a bad way, and drifting backwards after its +first spurt. The greatest uncertainty prevailed amongst prospectors +as to their titles, for in Lydenburg, at Pilgrim's Rest, and on the +Devil's Kantoor, concessions had been granted over the heads of the +miners at work on their claims, and they had been turned off for the +benefit of men who contributed in no way to the welfare and +prosperity of the State. It has been stated in the Volksraad that not +one of those concessionaires has even paid the dues and rents, or +complied with the other conditions stipulated in the contracts. +district was practically locked up for fourteen years owing to the +concession policy, and has only lately been partly released from the +bonds of monopoly. + +In 1884 Messrs. Kruger and Smit proceeded to Europe to endeavour to +raise funds, which were badly needed, and also to obtain some +modifications of the Convention. The attempt to raise funds through +the parties in Holland to whom the railway concession had just been +granted failed, but the delegates were more fortunate in their other +negotiations. They negotiated the London Convention which fixed +certain hitherto undefined boundaries; and in that document no +reference was made to the suzerainty of Great Britain. They also +secured the consent of the British Government to the alteration of +the title of the country. Instead of Transvaal State it became once +more the 'South African Republic.'{07} During this visit there +occurred an incident which provides the answer to Mr. Kruger's +oft--_too_ oft--repeated remark that 'the Uitlanders were never asked +to settle in the Transvaal, and are not wanted there.' Messrs. Kruger +and Smit were staying at the Albemarle Hotel, where they found +themselves, after some weeks' delay, in the uncomfortable position of +being unable to pay their hotel bill. In their extremity they applied +to one Baron Grant, at that time a bright particular star in the +Stock Exchange firmament. Baron Grant was largely interested in the +gold concessions of Lydenburg, and he was willing to assist, but on +terms. And the _quid pro quo_ which he asked was some public +assurance of goodwill, protection, and encouragement to British +settlers in the Transvaal. Mr. Kruger responded on behalf of the +Republic by publishing in the London press the cordial invitation +and welcome and the promise of rights and protection to all who +would come, so frequently quoted against him of late. + +By this time Moodies had attracted a fair number of people, and the +prospects of the country began, for the first time with some show of +reason, to look brighter. No results were felt, however, and the +condition of the Government officials was deplorable. Smuggling was +carried on systematically; in many cases officials 'stood in' with +smugglers. They were obliged either to do that or to enforce the laws +properly and get what they could by seizing contraband goods. There +were two objections to the latter course, however. One was that the +country was large and detection difficult with men who were both +daring and resourceful; and the other was that the officials were not +sure of receiving their share of the spoil from a Government so hard +pressed as this one was, and whose higher officials also had +difficulties about payment of salaries. In many cases salaries were +six months in arrear; and other cases could be quoted of officials +whose house-rent alone amounted to more than their nominal +remuneration. Yet they continued to live, and it was not difficult to +surmise _how_. Another significant fact was that goods subject to +heavy duties--such as spirits, hams, etc.--could be bought at any +store at a price which was less than original cost plus carriage and +duty. Smuggling was a very palpable fact, and--quoth the public and +the officials--a very convenient and even necessary evil. + +The principle on which the Customs officials conducted the business +of their office was observed by other officials of the Republic, and +in one department, at least, the abuses have had a very far-reaching +and serious effect. The Field-cornets--district officials who act as +petty justices, registering, and pass officers, collectors of +personal taxes, captains of the burgher forces, etc., etc.--are the +officers with whom each newcomer has to register. This is an +important matter, because the period of residence for the purpose of +naturalization and enfranchisement is reckoned from the date of +registration in the Field-cornet's books. As these officials were +practically turned loose on the public to make a living the best +way they could, many of them, notwithstanding that they collected the +taxes imposed by law, omitted to enter the names of new arrivals in +their books, thus securing themselves against having to make good +these amounts in event of an inspection of the books. Many of the +Field-cornets were barely able to write; they had no 'offices,' and +would accept taxes and registrations at any time and in any place. +The chances of correct entry were therefore remote. The result of +this is very serious. The records are either 'lost' when they might +prove embarrassing, or so incorrectly or imperfectly kept as to be of +no use whatever; and settlers in the Transvaal from 1882 to 1890 are +in most cases unable to prove their registration as the law requires, +and this through no fault of their own. + +In the country districts justice was not a commodity intended for the +Britisher. Many cases of gross abuse, and several of actual murder +occurred; and in 1885 the case of Mr. Jas. Donaldson, then residing +on a farm in Lydenburg--lately one of the Reform prisoners--was +mentioned in the House of Commons, and became the subject of a demand +by the Imperial Government for reparation and punishment. He had been +ordered by two Boers (one of whom was in the habit of boasting that +he had shot an unarmed Englishman in Lydenburg since the war, and +would shoot others) to abstain from collecting hut taxes on his own +farm; and on refusing had been attacked by them. After beating them +off single-handed, he was later on again attacked by his former +assailants, reinforced by three others. They bound him with reims +(thongs), kicked and beat him with sjamboks (raw-hide whips) and +clubs, stoned him, and left him unconscious and so disfigured that he +was thought to be dead when found some hours later. On receipt of the +Imperial Government's representations, the men were arrested, tried +and fined. The fines were stated to have been remitted at once by +Government, but in the civil action which followed Mr. Donaldson +obtained L500 damages. The incident had a distinctly beneficial +effect, and nothing more was heard of the maltreatment of defenceless +men simply because they were Britishers. Moreover, with the +improvement in trade which followed the gold discoveries of 1885 +and 1886 at Moodies and Barberton, the relations between the two +races also improved. Frequent intercourse and commercial relations +begot a better knowledge of each other, and the fierce hatred of the +Britisher began to disappear in the neighbourhood of the towns and +the goldfields. + +In 1886 the wonderful richness of the Sheba Mine in Barberton +attracted a good deal of attention, and drew a large number of +persons--prospectors, speculators, traders, etc.--to the Transvaal. +Before the end of 1887 ten or twelve thousand must have poured into +the country. The effect was magical. The revenue which had already +increased by 50 per cent. in 1886, doubled itself in 1887, and then +there came unto the Boer Government that which they had least +expected--ample means to pursue their greater ambitions. But unmixed +good comes to few, and with the blessings of plenty came the cares of +Government, the problem of dealing with people whose habits, +thoughts, ambitions, methods, language, and logic differed utterly +from their own. Father Abraham on the London Stock Exchange would not +be much more 'at sea' than the peasant farmers of the Volksraad were +in dealing with the requirements of the new settlers. + +Agitations for reforms commenced early in Barberton. At first it was +only roads and bridges that were wanted, or the remission of certain +taxes, or security of title for stands and claims. Later on a +political association named the Transvaal Republican Union was formed +in Barberton, having a constitution and programme much the same as +those of the Transvaal National Union, formed some five years later +in Johannesburg. The work of this body was looked on with much +disfavour by the Government, and it was intimated to some of the +prominent members that if they did not cease to concern themselves +with politics they would suffer in their business relations, and +might even be called upon to leave the country. Many reforms were +specified as desirable, and the franchise question was raised, with +the object of getting the Government to make some reasonable +provision in lieu of the registration clause, which was found in most +cases to be an absolute bar. + +The discovery of the Witwatersrand conglomerate formation soon +helped to swell the flowing tide of prosperity. In the middle of +1887 the regular output of gold commenced, and the fields have never +'looked back' since. Johannesburg--named after Mr. Johannes Rissik, +the Surveyor-General of the Transvaal--was soon a far greater problem +than Barberton had been. The shareholders in the mines soon found it +necessary to have some organization to protect their interests and +give unison to their policy, and to preserve the records and collect +information for the industry. The Witwatersrand Chamber of Mines was +then formed, a voluntary business association of unique interest and +efficiency. The organization includes all the representative and +influential men, and every company of any consequence connected with +the mining industry; and it has, through its committee and officials, +for eight years represented to the Volksraad the existence of abuses +and grievances, the remedies that are required, and the measures +which are felt to be necessary or conducive to the progress of the +industry in particular, or the welfare of the State in general. The +President, Executive and Volksraad, by neglect of their obvious +duties, by their ignorance of ordinary public affairs, by their +wilful disregard of the requirements of the Uitlanders, have given +cohesion to a people about as heterogeneous as any community under +the sun, and have trained them to act and to care for themselves. The +refusal year after year to give a charter of incorporation to the +Chamber, on the grounds that it would be creating an _imperium in +imperio_, and the comments of Volksraad members on the petition, have +made it clear that the Government view the Chamber with no friendly +eye. The facts that in order to get a workable pass law at all the +Chamber had to prepare it in every detail, together with plans for +the creation and working of a Government department; and that in +order to diminish the litigation under the gold law, and to make that +fearful and wonderful agglomeration of erratic, experimental, crude, +involved, contradictory and truly incomprehensible enactments at all +understandable, the Chamber had to codify it at its own expense and +on its own initiative, illustrate both the indispensable character of +the organization, and the ignorance and ineptitude of the Government. + +The records of the Volksraad for the last ten years may be searched +in vain for any measure calculated constructively to advance the +country, or to better the conditions of the workers in it, with the +few--very few--exceptions of those proposed by the Chamber of Mines. +The country has, in fact, run the Government, and the Government has +been unable to ruin it. + +Shortly after the discovery of the Rand conglomerates, it became +clear that a railway would have to be built between the coalfields +and the mines--some forty miles. But it was a fixed principle of the +Boers that no railways (with the exception of the Delagoa Bay line, +which, as the means of diverting trade from British channels, was +regarded as a necessary evil) should be built, since they could +compete successfully with the ox-waggon, and thus deprive the 'poor +burgher' of his legitimate trade spoil; and great difficulty was +experienced in getting the consent of the Raad. As a matter of fact, +the permission to build it was only obtained by subterfuge; for it +was explained to the worthy law-makers that it was not a railway at +all--only a _steam tram_. And the Rand Steam Tram it is called to +this day. + +The Delagoa Railway--the darling scheme of Presidents Burgers and +Kruger in turn--was taken seriously in hand as soon as it was +possible to raise money on almost any terms. The concession for all +railways in the State was granted on April 16, 1884, to a group of +Hollander and German capitalists, and confirmed by the Volksraad on +August 23 following. The President's excuse for granting and +preserving this iniquitous bond on the prosperity of the State is, +that when the country was poor and its credit bad, friends in Holland +came forward and generously helped it, and this must not be forgotten +to them. As a matter of fact, friends accepted the concession when +the State was poor and its credit bad, but did nothing until the +State's credit improved to such an extent as to be mortgageable. +_Then_ the friends granted certain favourable terms under their +concession to other friends, who built the first section of the line +at preposterous rates, and repaid themselves out of moneys raised on +the State's credit. + +A well-known South African politician, distinguished alike for his +ability and integrity, who visited the Transvaal during the progress +of the reformers' trial, and was anxious in the interests of all +South Africa to find a solution of the differences, put the position +thus to some of the leading men of the Rand: 'You can see for +yourselves that this is no time to ask for the franchise; for the +time being, Jameson's invasion has made such a suggestion impossible. +Now, tell me in a word, Is there any one thing that you require more +than anything else, which we can help you to get?' The answer was: +'The one thing which we must have--not for its own sake, but for the +security it offers for obtaining and retaining other reforms--_is_ +the franchise. No promise of reform, no reform itself, will be worth +an hour's purchase unless we have the status of voters to make our +influence felt. But, if you want the chief economic grievances, they +are: the Netherlands Railway Concession, the dynamite monopoly, the +liquor traffic, and native labour, which, together, constitute an +unwarrantable burden of indirect taxation on the industry of _over +two and a half millions sterling annually_. We petitioned until we +were jeered at; we agitated until we--well--came here [Pretoria +Gaol]; and we know that we shall get no remedy until we have the vote +to enforce it. We are not a political but a working community, and if +we were honestly and capably governed the majority of us would be +content to wait for the franchise for a considerable time yet in +recognition of the peculiar circumstances, and of the feelings of the +older inhabitants. That is the position in a nutshell.' + +[Netherlands Railway Company.] + +The Netherlands Railway Company is then a very important factor. It +is unnecessary to go very fully into its history and the details of +its administration. As the holder of an absolute monopoly, as the +enterprise which has involved the State in its National Debt, and as +the sole channel through which such money has been expended, the +Company has gradually worked itself into the position of being the +financial department of the State; and the functions which are +elsewhere exercised by the heads of the Government belong here, in +practice, entirely to this foreign corporation. Petitions for the +cancellation of this concession were presented in 1888, when the +progressive element in the first Volksraad consisted of one man--Mr. +Loveday, one of the loyalists in the war. The agitation begun and +carried on by him was taken up by others, but without further result +than that of compelling the President to show his hand and step +forward as the champion of the monopoly on every occasion on which it +was assailed. During the years 1893-96 the President stoutly defended +the Company in the Volksraad, and by his influence and the solid vote +of his ignorant Dopper Party completely blocked all legislation +tending to control the Company. Indeed at the end of the Session of +1895, on receiving representations from the business communities of +the Republic as to the desirability of removing this incubus from the +overtaxed people, the President stated plainly that the Netherlands +Railway Concession was a matter of high politics and did not concern +any but the burghers of the State, and that he would receive no +representations from the Uitlanders on the subject nor would he +permit them to discuss it. + +Very shortly after the granting of this railway concession came the +appointment of Dr. Leyds as State Attorney for the Republic, he +having been recommended and pushed forward by the gentlemen in +Holland to whom the concession had been granted. It is stated that he +was sent out as the agent of the concessionaires in order to protect +and advance their interests, although at the same time in the service +of the Republic. It is only necessary to add that Mr. Beelaerts van +Blokland, the Consul-General for the Republic in Holland, is the +agent of the concessionaires in that country, and the accord with +which these two gentlemen, as railway commissioners at their +respective ends, have always acted becomes intelligible. Several of +the vital conditions of the concession have been freely violated, the +first being that a certain section of the line (Nelspruit) should be +completed within four years. It was not completed for eight. The +concession really became void several times during the years prior to +1890, but always found a stalwart champion in the President, who +continued to defend the concessionaires for some two years after they +had failed to get their capital subscribed. The Company was +floated on June 21 1887 on the most peculiar terms, the capital of +L166,666 being in 2,000 shares of 1,000 guilders, or L83 6s. 8d. +each. The shares were subscribed for by the following groups: + + German 819 shares, carrying 30 votes. + Hollander 581 " " 76 " + The Republic 600 " " 6 " + +The trust-deed, which limited the Republic to 6 out of 112 votes, +although it subscribed about one-third of the capital, and gave to +the smallest holders, the Hollanders, twice as many votes as all the +others put together, was passed by Dr. Leyds, in his capacity of +legal adviser of the Government, having previously been prepared by +him in his other capacity. The sum of L124,000 appears to have been +expended on construction ten months before any contract was given out +for the same or any work begun, and fifteen months before any +material was shipped. + +The contract for the construction of the first sixty miles compels +admiration, if only for its impudence. In the first place the +contractors, Van Hattum and Co., were to build the line at a cost to +be mutually agreed upon by them and the railway company, and they +were to receive as remuneration 11 per cent. upon the amount of the +specification. But should they exceed the contract price then the 11 +per cent. was to be proportionately decreased by an arranged sliding +scale, provided, however, that Van Hattum and Co. did not _exceed the +specification by more than 100 per cent._, in which latter case the +Company would have the right to cancel the contract. By this +provision Messrs. Van Hattum and Co. could increase the cost by 100 +per cent, provided they were willing to lose the 11 per cent. profit, +leaving them a net gain of 89 per cent. They did not neglect the +opportunity. Whole sections of earthworks cost L23,500 per mile, +which should not have cost L8,000. Close upon a thousand Hollanders +were brought out from Holland to work for a few months in each year +on the line and then be sent back to Holland again at the expense of +the Republic. In a country which abounded in stone the Komati Bridge +was built of dressed stone which had been quarried and worked in +Holland and exported some 7,000 miles by ship and rail. + +These are a few instances out of many. The loss to the country +through the financing was of course far greater than any manipulation +of the construction could bring about. In the creating of overdrafts +and the raising of loans very large sums indeed were handled. +Three-quarters of a million in one case and a million in another +offered opportunities which the Hollander-German gentlemen who were +doing business for the country out of love for it (as was frequently +urged on their behalf in the Volksraad) were quick to perceive. The 5 +per cent. debentures issued to raise the latter sum were sold at L95 +15s.; but the financiers deducted L5 commission from even this, so +that the State has only benefited to the extent of L90 15s. This +transaction was effected at a time when the State loan known as the +Transvaal Fives--raised on exactly the same interest and precisely +the same guarantee--was quoted at over par. What, however, was felt +to be worse than any detail of finance was that this corporation of +foreigners had gradually obtained complete control of the finances of +the State, and through the railway system it practically dictated the +relations with the other Governments in South Africa, by such +measures for instance as the imposition of a charge of 8-1/2d. per +ton per mile on goods travelling over their lines coming from the +Cape Colony, whilst the other lines are favoured by a charge of less +than half that. The burdens placed upon the mining industry by the +excessive charges imposed for political purposes were, in the case of +the poorer mines, ruinous. The right which the Company had to collect +the Customs dues for account of the State, to retain them as security +for the payment of interest on their shares and debentures, and to +impose a charge for collection quite disproportionate to the cost, +was another serious grievance. It was hopeless, however, to deal with +the whole question. The Government had set its face against any +reform in this quarter. It was not possible to obtain even ordinary +working facilities such as any business corporation unprotected by an +absolute monopoly would be bound to concede of its own accord, in +order to catch a measure of trade. + +The Government have the right, under the agreement with the +Company, to take over the railway on certain conditions, of which +the following are the most important: + +(_a_) The Company shall receive one year's notice of the intention to +take over. + +(_b_) The Company shall receive twenty times the amount of the +average of the last three years' dividends. + +(_c_) The Company shall receive as a solatium for the unexpired +period of the concession an amount equal to one per cent. of its +nominal capital for each year up to the year of expiring (1915). + +The Government can take over the Krugersdorp-Johannesburg-Boksburg +Tramway against payment of the cost of construction. + +If the Volksraad should not during this Session{08} decide to +nationalize the railway no change can take place before 1898, so that +the three years 1895 to 1897 would have to be taken as a basis and +therefore the 6 per cent. for 1894, the only low dividend, would not +come into the calculation. This would of course considerably increase +the purchase price--_e.g._, + + 1895 9 per cent. + 1896 14 " (estimate), + 1897 14 " " + -- + Total 37 " + +That is to say an average distribution of 12.33 per cent. for the +three years. The purchase price would thus be: + + 12.33 X 20 = 246.66 per cent. + 17 years' premium 17 " + ------ + Total 263.66 " + +This has been clearly explained to the Volksraad but without avail, +the President's influence on the other side being too strong. During +the Session of 1895 it was made clear that agitation against the +Company was as futile as beating the air. When the Hollander clique +found that they could no longer convince the Boers as a whole of the +soundness of their business and the genuineness of their aims, and +when they failed to combat the arguments and exposures of their +critics, they resorted to other tactics, and promulgated voluminous +reports and statements of explanations which left the unfortunate +Volksraad members absolutely stupefied where they had formerly only +been confused.{09} + +The following is taken from an article in the Johannesburg _Mining +Journal_, dealing with the burdens imposed by the railway company +upon the industry: + +RAILWAY MONOPOLY. + +This is another carefully designed burden upon the mines and country. +The issued capital and loans of the Netherlands Company now total +about L7,000,000, upon which an average interest of about 5-1/3 per +cent.--guaranteed by the State--is paid, equal to L370,000 per annum. +Naturally the bonds are at a high premium. The Company and its +liabilities can be taken over by the State at a year's notice, and +the necessary funds for this purpose can be raised at 3 per cent. An +offer was recently made to the Government to consolidate this and +other liabilities, but the National Bank, which is another +concession, has the monopoly of all State loan business, and this +circumstance effectually disposed of the proposal. At 3 per cent. a +saving of L160,000 per annum would be made in this monopoly in +interest alone. The value represented by the Custom dues on the +Portuguese border we are not in a position to estimate, but roughly +these collections and the 15 per cent. of the profits paid to the +management and shareholders must, with other leakages, represent at +least another L100,000 per annum, which should be saved the country. +As the revenue of the corporation now exceeds L2,000,000 a year, of +which only half is expended in working costs, the estimate we have +taken does not err upon the side of extravagance. By its neglect of +its duties towards the commercial and mining community enormous +losses are involved. Thus, in the coal traffic, the rate--which is +now to be somewhat reduced--has been 3d. per ton per mile. According +to the returns of the Chamber of Mines, the coal production of the +Transvaal for 1895 was 1,045,121 tons. This is carried an average +distance of nearly thirty miles, but taking the distance at +twenty-four miles the charges are 6s. per ton. At 1-1/2d. per ton per +mile--three times as much as the Cape railways charge--a saving upon +the coal rates of 3s. per ton would follow, equal to L150,000 per +annum. Again, by the 'bagging' system, an additional cost of 2s. 3d. +per ton is incurred--details of this item have been recently +published in this paper--and if this monopoly were run upon ordinary +business lines, a further saving of L110,000 would be made by +carrying coal in bulk. The interest upon the amount required to +construct the necessary sidings for handling the coal, and the +tram-lines required to transport it to the mines, would be a mere +fraction upon this amount; and as the coal trade in the course of a +short time is likely to see a 50 per cent. increase, the estimate may +be allowed to stand at this figure without deduction. No data are +available to fix the amount of the tax laid upon the people generally +by the vexatious delays and losses following upon inefficient railway +administration, but the monthly meetings of the local Chamber of +Commerce throw some light upon these phases of a monopolistic +management. The savings to be made in dealing with the coal traffic +must not be taken as exhausting all possible reforms; the particulars +given as to this traffic only indicate and suggest the wide area +covered by this monopoly, which hitherto has made but halting and +feeble efforts to keep pace with the requirements of the public. +Dealing as it does with the imports of the whole country, which now +amount in value to L10,000,000, the figures we have given must serve +merely to illustrate its invertebrate methods of handling traffic, as +well as its grasping greed in enforcing the rates fixed by the terms +of its concession. Its forty miles of Rand steam tram-line and +thirty-five miles of railway from the Vaal River, with some little +assistance from the Delagoa line and Customs, brought in a revenue +of about L1,250,000 in 1895. Now that the Natal line is opened the +receipts will probably amount to nearly L3,000,000 per annum, all of +which should swell the ordinary revenue of the country, instead of +remaining in the hands of foreigners as a reservoir of wealth for +indigent Hollanders to exploit. The total railway earnings of the +Cape and Natal together over all their lines amounted to L3,916,566 +in 1895, and the capital expenditure on railways by these colonies +amounts to L26,000,000. The greater portion of these receipts come +from the Rand trade, which is compelled to pay an additional +L2,500,000, carrying charges to the Netherlands Company, which has +L7,000,000 of capital. Thus, railway receipts in South Africa amount +now to L7,000,000 per annum, of which the Rand contributes at least +L5,000,000. + +The revenue of the company is now considerably over L3,000,000 per +annum. The management claim that their expenses amount to but 40 per +cent. of revenue, and this is regarded by them as a matter for +general congratulation. The Uitlanders contend that the concern is +grossly _mis_managed, and that the low cost of working is a fiction. +It only appears low by contrast with a revenue swollen by +preposterously heavy rates and protected by a monopoly. The tariff +could be reduced by one-half; that is to say, a remission of taxation +to the tune of one and a half million annually could be effected +without depriving the Company of a legitimate and indeed very +handsome profit. + +[Selati Railway.] + +The Selati Railway Scheme! 'Conceived in iniquity, delivered in +shame, died in disgrace!' might be its history, but for the fact that +it is not quite dead yet. But very nearly! The concession was +obtained during the Session of 1890 by a member of the First +Volksraad, Mr. Barend J. Vorster, jun., who himself took part in and +guided the tone of the debate which decided the granting of the +concession. The Raad resolved to endeavour to obtain the favourable +opinions of their constituents, but before doing so the generous +Mr. Vorster made what he was pleased to call 'presents' to the +members--American spiders, Cape carts, gold watches, shares in the +Company to be floated, and sums in cash--were the trifles by which +Mr. Vorster won his way to favour. He placated the President by +presenting to the Volksraad a portrait of his Honour, executed by the +late Mr. Schroeder, South Africa's one artist. The picture cost L600. +The affair was a notorious and shameless matter of bribery and the +only profit which the country gained from it was a candid confession +of personal principles on the part of Mr. Kruger himself, who when +the exposure took place stated that he saw no harm in members +receiving presents. Debentures to the amount of L500,000 were issued, +bearing Government guarantee of 4 per cent. The Company received L70 +for each L100 debenture. Comment is superfluous. A second issue of a +million was made, nominally at L93 10s., but the Company only +received L86--a commission to the brokers or agents of 8-3/4 per +cent., at a time when the Company's previous issue of 4 per cents. +were standing at L97 in the market. The costs of flotation were +charged at upwards of L32,000; the expenses of one gentleman's +travelling, etc., L6,000. + +But these are 'trifles light as air.' This Selati Railway Company, +which being guaranteed by Government is really a Government +liability, arranged with a contractor to build the line at the +maximum cost allowed in the concession, L9,600 per mile. Two days +later this contractor sub-let the contract for L7,002 per mile. As +the distance is 200 miles, the Republic was robbed by a stroke of the +pen of L519,600--one of the biggest 'steals' even in the Transvaal. +During the two years for which Dr. Leyds was responsible as the +representative of the Republic for the management of this affair, +none of these peculiar transactions were detected--at any rate none +were reported or exposed; but on the accession to office of an +ignorant old Boer the nest of swindles appears to have been +discovered without any difficulty. And it is generally admitted that +Dr. Leyds is not a fool. This exposure took place at the end of the +Session of 1894, and, inured as the Uitlanders had become to jobs, +this was an eyeopener even for them, and the startled community +tax-payers--who had to bear the brunt of it all. + +[Revenue.] + +Turning to the finances of the country, the following tables are as +instructive as anything can be: + +REVENUE AND EXPENDITURE OF THE SOUTH AFRICAN REPUBLIC.{10} + + Fiscal period. Revenue. Expenditure. Remarks. + L L + Aug. 1, 1871 to July 31, 1872 ... 40,988 ... 35,714 + " 1, 1872 " Jan. 31, 1873 ... 43,239 ... 41,813 + Feb. 1, 1873 " " 31, 1874 ... 49,318 ... 45,482 Gold discovered + in Lydenburg. + " 1, 1874 " " 31, 1875 ... 58,553 ... 61,785 + " 1, 1875 " " 31, 1876 ... 64,582 ... 69,394 + " 1, 1876 " " 31, 1877 ... 62,762 ... 64,505 + " 1, 1877 " April 12, 1877 ... 25,752 ... 17,235 + April 12, 1877 " Dec. 31, 1877 ... 54,127 ... 70,003 + Jan. 1, 1878 " " 31, 1878 ... 76,774 ... 89,063 + " 1, 1879 " " 31, 1879 ... 93,409 ... 177,596 + " 1, 1880 " " 31, 1880 ... 174,069 ... 144,943 + " 1, 1881 " Oct. 14, 1881 ... 25,326 ... 186,707 British Govt. + Aug. 8, 1881 " Dec. 31, 1881 ... 37,908 ... 33,442 Boer Govt. + Jan. 1, 1882 " " 31, 1882 ... 177,407 ... 114,476 + " 1, 1883 " " 31, 1883 ... 143,324 ... 184,344 + " 1, 1884 " Mar. 31, 1884 ... 44,557 ... 18,922 + April 1, 1884 " " 31, 1885 ... 161,596 ... 184,820 + " 1, 1885 " " 31, 1886 ... 177,877 ... 162,709 Sheba floated. + " 1, 1886 " Dec. 31, 1886 ... 196,236 ... 154,636 Rand proclaimed + Sept. 8, 1886. + Jan. 1, 1887 " " 31, 1887 ... 637,749 ... 594,834 Shares quoted + Johannesburg + Stock Exchange. + Telegraph + opened + Johannesburg + April 26, 1887. + " 1, 1888 " " 31, 1888 ... 884,440 ... 720,492 Boom, Nov. 1888 + " 1, 1889 " " 31, 1889 ...1,577,445 ...1,201,135 to Jan. 1889. + Slump, Mar. 1889. + " 1, 1890 " " 31, 1890 ...1,229,061 ...1,386,461 + " 1, 1891 " " 31, 1891 ... 967,192 ...1,350,074 Baring Crisis. + " 1, 1892 " " 31, 1892 ...1,255,830 ...1,187,766 Railway reached + Johannesburg + Sept. 15. + " 1, 1893 " " 31, 1893 ...1,702,685 ...1,302,054 + " 1, 1894 " " 31, 1894 ...2,247,728 ...1,734,728 + " 1, 1895 " " 31, 1895 ...2,923,648 ...1,948,249 + " 1, 1896 " " 31, 1896 ...3,912,095 ...3,732,492 + " 1, 1897 " " 31, 1897 ...3,956,402 ...3,898,816 + " 1, 1898 " " 31, 1898 ...3,329,958 ...3,476,844 + " 1, 1899 " " 31, 1899 ...4,087,852 ...3,951,234 (Budget). + +The figures for the period from 1871 to the end of 1887 are taken +from Jeppe's Transvaal Almanac for 1889. They represent the +ordinary Revenue and Expenditure arrived at after the deduction +of the items 'Special Receipts,' 'Special Deposits,' 'Deposits +Withdrawn,' 'Advance Refunded,' 'Advances made' and 'Fixed Deposits' +from the totals given in the Official Government Returns. + +The figures for the years 1888 to 1899 are those of the published +Government Returns after the deduction of-- + +Fixed deposits from 1888 to 1893 inclusive. + +The sale and purchase of explosives from 1895 to 1898 inclusive. + +The owner's share of claim licenses from 1895 to 1899 inclusive. + +Delagoa Bay Customs Dues paid to the Netherlands Railway for 1898 and +1899. + +[Dynamite Monopoly.] + +The dynamite monopoly has always been a Monopoly very burning +question with the Uitlanders. This concession was granted shortly +after the Barberton Fields were discovered, when the prospects of an +industry in the manufacture of explosives were not really very great. +The concessionaire himself has admitted that had he foreseen to what +proportions this monopoly would eventually grow he would not have had +the audacity to apply for it. This, of course, is merely a personal +question. The fact which concerned the industry was that the right +was granted to one man to manufacture explosives and to sell them at +a price nearly 200 per cent. over that at which they could be +imported. It was found upon investigation after some years of +agitation that the factory at which this 'manufacture' took place was +in reality merely a depot in which the already manufactured article +was manipulated to a moderate extent so as to lend colour to the +President's statement that a local industry was being fostered. An +investigation held by order of the Volksraad exposed the imposition. +The President himself stated that he found he had been deceived and +that the terms of the concession had been broken, and he urged the +Raad to cancel it--which the Raad did. The triumph was considerable +for the mining industry and it was the more appreciated in that it +was the solitary success to which the Uitlanders could point in their +long series of agitations for reform. But the triumph was not +destined to be a lasting one. Within a few months the monopoly was +revived in an infinitely more obnoxious form. It was now called a +Government monopoly, but 'the agency' was bestowed upon a partner of +the gentleman who had formerly owned the concession, the President +himself vigorously defending this course and ignoring his own +judgment on the case uttered a few months previously. _Land en Volk_, +the Pretoria Dutch newspaper, exposed the whole of this transaction, +including the system of bribery by which the concessionaries secured +their renewal, and among other things made the charge which it has +continued to repeat ever since that Mr. J.M.A. Wolmarans, member +of the Executive, received a commission of one shilling per case +on every case sold during the continuance of the agency as a +consideration for his support in the Executive Council, and that he +continues to enjoy this remuneration, which is estimated now to be +not far short of L10,000 a year. Mr. Wolmarans, for reasons of pride +or discretion, has declined to take any notice of the charge, +although frequently pressed to take action in the matter. It is +calculated that the burden imposed upon the Witwatersrand Mines alone +amounts to L600,000 per annum, and is, of course, daily increasing. + +[The Franchise Laws.] + +The question of the franchise, which has achieved the greatest +prominence in the Uitlander agitation, is one with which few people +even in the Transvaal are familiar, so many and peculiar have been +the changes effected in the law. Lawyers differ as to whether certain +laws revoke or merely supplement previous ones, and the President +himself--to the grim amusement of the Uitlanders--frequently goes +astray when he speaks on franchise. The first law on burgher and +electoral rights is No. 1 of 1876, which remained in force until +1882. By it the possession of landed property or else residence for +one year qualified the settler for full burgher privileges. Law No. 7 +of 1882 was the first attempt of the restored Republic to deal with +the question. It was then enacted that an alien could be naturalized +and enfranchised after five years' residence, such residence to be +proved by the Field-cornet's books of registration. It has already +been explained that these records in nine cases out of ten were +either improperly kept or non-existent. + +In 1890 Law No. 4 was passed, creating the Second Volksraad and +altering the Grondwet (or constitution) accordingly. By this law the +franchise was indirectly altered without repealing those portions +which may be at variance with or repugnant to the implied +alterations, and this was done by simply defining what class of +electors should vote for members of the First Raad, and what class +for members of the Second. Thus, 'the members of the First Volksraad +shall be elected by those enfranchised burghers who have obtained the +right of voting before this law comes in force, or thereafter by +birth in the State, and on having attained the age of sixteen years.' +Secondly, all those who became naturalized and enfranchised after +this law was passed could not vote for members of the First +Volksraad, but a subsequent article in the law provides that the +higher rights can be obtained by those who shall have been eligible +for ten years for election to the Second Volksraad; and it is then +explained that, in order to be eligible for the Second Volksraad, +it is necessary to be thirty years of age, to be a member of the +Protestant Church, to live and have landed property in the Republic, +and to have been a naturalized subject for two years. Thus the full +electoral privileges were only obtainable after fourteen years' +residence in the State, and the possession of the other +qualifications of religion, property, etc. + +Next came Law No. 13 of 1891, which was rather a codification than an +alteration of previous laws. In 1892 another law was passed again +explaining, but not materially altering the franchise. In 1893 Law +No. 14 was passed as an amendment of previous laws: further juggling +the position--further hedging in the sacred preserve. As the law was +superseded in the following year it is unnecessary to go into +details; but note how the measure became law! It was not published in +the _Staats Courant_ for three months as required by law; it was not +published at all; nor was any special resolution taken affirming that +it was a matter of extreme urgency and therefore to be held exempt +from that rule of procedure; so that the High Court ought to be able +to declare it null and void. The circumstances of its introduction +could not be considered to warrant the plea of urgency. On the 29th +and 30th June, 1893, memorials upon the franchise question were laid +before the Raad. From Johannesburg came one memorial bearing 4,507 +signatures out of the grand total of 6,665 memorialists. It was in +favour of _extension_ of the franchise. Another memorial from 103 +Free State burghers was in favour of _extension_, another from +Barberton from 40 burghers also for _extension_. Seven memorials, +bearing 444 signatures, were _against_ extension. All the others +concerned minor alterations in Law 13 of 1891, and did not affect +the franchise. The Raad appointed a commission and on the 8th of +September received its report, together with a draft law which had +not before seen the light of day. After a discussion lasting part of +one morning the law was passed provisionally; and to be of full force +and effect until confirmed by the Raad in the following year. Thus +again were the fundamental political conditions entirely altered by +the passing of a law which _two hours before_ had not been heard of. + +Law No. 3 of 1894 purports to supersede all other laws. Therein it is +laid down that all persons born in the State, or who may have +established their domicile therein before May 29, 1876, are entitled +to full political privileges. Those who have settled in the country +since then can become naturalized after two years' residence dating +from the time at which their names were registered in the +Field-cornet's books. This naturalization confers the privilege of +voting for local officials, Field-cornets, landdrosts,{11} and for +members of the Second Raad. It is however stipulated that children +born in the country shall take the status of their fathers. The +naturalized subject after having been qualified to vote in this +manner for two years becomes eligible for a seat in the Second +Volksraad--_i.e._, four years after the registration of his name in +the Field-cornet's books. After he shall have been qualified to sit +in the Second Volksraad for ten years (one of the conditions for +which is that he must be thirty years of age) he may obtain the full +burgher rights or political privileges, provided the majority of +burghers in his Ward will signify _in writing their desire that he +should obtain them_ and provided the President and Executive shall +see no objection to granting the same. It is thus clear that, +assuming the Field-cornet's records to be honestly and properly +compiled and to be available for reference (which they are not), the +immigrant, after fourteen years' probation during which he shall +have given up his own country and have been politically emasculated, +privilege of obtaining burgher rights should he be willing and able +to induce the majority of a hostile clique to petition in writing on +his behalf and should he then escape the veto of the President and +Executive. + +This was the coping-stone to Mr. Kruger's Chinese wall. The +Uitlanders and their children were disfranchised for ever, and as far +as legislation could make it sure the country was preserved by entail +to the families of the Voortrekkers. The measure was only carried +because of the strenuous support given by the President both within +the Raad and at those private meetings which practically decide the +important business of the country. The President threw off all +disguise when it came to proposing this measure of protection. For +many years he had been posing as the one progressive factor in the +State and had induced the great majority of people to believe that +while he personally was willing and even anxious to accede to the +reasonable requests of the new population his burghers were +restraining him. He had for a time succeeded in quelling all +agitation by representing that demonstrations made by the tax-bearing +section only embarrassed him in his endeavour to relieve them and +aggravated the position by raising the suspicions and opposition of +his Conservative faction. + +In 1893 a petition signed by upwards of 13,000 aliens in favour of +granting the extension of the franchise was received by the Raad with +great laughter. But notwithstanding this discouragement, during the +following year a monster petition was got up by the National Union. +It was signed by 35,483 Uitlanders--men of an age and of sufficient +education to qualify them for a vote in any country. The discussion +which took place on this petition was so important, and the decision +so pregnant with results, that copious notes of the Volksraad debate +are published in this volume (Appendix). The only response made to +this appeal was a firmer riveting of the bonds. It is but just to say +that the President encountered determined opposition in his attempt +to force his measure through the Raad. The progressive section +(progressive being a purely relative term which the peculiar +circumstances of the country alone can justify) made a stand, +state that two or three of the intelligent and liberal-minded farmers +belonging to this progressive party, men who were earnestly desirous +of doing justice to all and furthering the interests of the State, +declared at the close of the debate that this meant the loss of +independence. 'Now,' said one old Boer, 'our country is gone. Nothing +can settle this but righting, and there is only one end to the fight. +Kruger and his Hollanders have taken our independence more surely +than ever Shepstone did.' The passing of this measure was a +revelation not only to the Uitlanders, who still believed that +reasonable representations would prevail, but to a section of the +voters of the country who had failed to realize Mr. Kruger's policy, +and who honestly believed that he would carry some conciliatory +measures tending to relieve the strain, and satisfy the large and +ever-increasing industrial population of aliens. The measure was +accepted on all hands as an ultimatum--a declaration of war to the +knife. There was only one redeeming feature about it: from that time +forward there could be no possibility of misunderstanding the +position, and no reason to place any credence in the assurances of +the President. When remonstrated with on this subject of the refusal +of the franchise, and when urged by a prominent man whose sympathies +are wholly with the Boer to consider the advisability of 'opening the +door a little,' the President, who was in his own house, stood up, +and leading his adviser by the arm, walked into the middle of the +street, and pointed to the Transvaal flag flying over the Government +buildings, saying, 'You see that flag. If I grant the franchise I may +as well pull it down.' + +It is seldom possible to indicate the precise period at which a +permanent change in the feeling of a people may be considered to have +been effected, but the case of the Uitlanders undoubtedly presents +one instance in which this is possible. Up to the passing of this law +quite a considerable section of the people believed that the +President and the Volksraad would listen to reason, and would even in +the near future make considerable concessions. A larger section, it +is true, believed nothing of the sort, but at the same time were so +far from thinking that it would be necessary to resort to extreme +measures that they were content to remain passive, and allow +their more sanguine comrades to put their convictions to the test. It +is not too much to say that not one person in a hundred seriously +contemplated that an appeal to force would be necessary to obtain the +concessions which were being asked. It might be said that within an +hour the scales dropped from the eyes of the too credulous community, +and the gravity of the position was instantly realized. The passage +of the Bill and the birth of the revolutionary idea were synchronous. + +In a brief sketch of events, such as this is, it is not possible with +due regard to simplicity to deal with matters in chronological order, +and for this reason such questions as the franchise, the railway, +dynamite, and others have been explained separately, regardless of +the fact that it has thereby become necessary to allude to incidents +in the general history for which no explanation or context is +supplied at the moment. This is particularly the case in the matter +of the franchise, and for the purpose of throwing light on the policy +of which the franchise enactments and the Netherlands Railway affairs +and other matters formed a portion, some explanation should be given +of President Kruger's own part and history in the period under +review. + +Mr. Kruger was elected President in 1882, and re-elected in 1888 +without serious opposition, his one rival, General Joubert, receiving +an insignificant number of votes. The period for which he was now +elected proved to be one of unexpected, unexampled prosperity, +furnishing him with the means of completing plans which must have +seemed more or less visionary at their inception; but it was also a +period of considerable trial. The development of the Barberton +Goldfields was a revelation to the peasant mind of what the power of +gold is. The influx of prospectors was very considerable, the +increase of the revenue of the State appeared simply colossal; and no +sooner did the Boer rulers begin to realize the significance of the +Barberton boom than they were confronted with the incomparably +greater discoveries of the Witwatersrand. The President did not like +the Uitlanders. He made no concealment of the fact. He could never be +induced to listen to the petitions of that community, nor to do +anything in the way of roads and bridges in return for the very +heavy contributions which the little community sent to the Republic's +treasury. In those days he used to plead that the distance +was great, and the time required for coach-travelling was too +considerable; but the development of the Witwatersrand and the +growth of Johannesburg within thirty-two miles of the capital, while +disposing of the pretexts which held good in the case of Barberton, +found Mr. Kruger no more inclined to make the acquaintance of the +newcomers than he had been before. Notwithstanding that the law +prescribes that the President shall visit all the districts and towns +of the State at least once during the year, notwithstanding, also, +the proximity of Johannesburg, the President has only visited the +industrial capital of the Republic three times in nine years. The +first occasion was in the early days--a visit now remembered only as +the occasion of the banquet at which Mr. Cecil Rhodes, then one of +the pioneers of the Rand, in proposing the President's health, +appealed to him to make friends with the newcomers, and to extend the +privileges of the older residents to 'his young burghers--like +myself.' That was before Mr. Rhodes had secured his concession, and +long before the Charter was thought of. + +There is an unreported incident which occurred a year or two later, +concerning the two strong men of Africa--it was a 'meeting' which +didn't take place, and only Mr. Rhodes can say how it might have +affected the future of South Africa had it come off. The latter +arrived by coach in Pretoria one Saturday morning, and, desiring to +see the President, asked Mr. Ewald Esselen to accompany him and +interpret for him. Mr. Rhodes, knowing the peculiar ways of Mr. +Kruger, waited at the gate a few yards from the house while Mr. +Esselen went in to inquire if the President would see him. Mr. +Kruger's reply was that he would see Mr. Rhodes on Monday. Mr. +Esselen urged that as Mr. Rhodes was obliged to leave on Sunday night +the reply was tantamount to a refusal. The President answered that +this was 'Nachtmaal' time and the town was full of his burghers, and +that he made it a rule, which he would violate for no one, to reserve +the Saturdays of the Nachtmaal week for his burghers so as to hear +what they had to say if any wished to speak to him, as his burghers +were more to him than anyone else in the world. 'I do no business on +Sunday,' he concluded, 'so Rhodes can wait or go!' Mr. Rhodes did not +wait. When he heard the answer he remarked to Mr. Esselen, 'The old +devil! I meant to work with him, but I'm not going on my knees to +him. I've got my concession however and he can do nothing.' + +The second visit of Mr. Kruger to Johannesburg was the famous one of +1890, when the collapse of the share market and the apparent failure +of many of the mines left a thriftless and gambling community wholly +ruined and half starving, unable to bear the burden which the State +imposed, almost wholly unappreciative of the possibilities of the +Main Reef, and ignorant of what to do to create an industry and +restore prosperity. This, at least, the community did understand, +that they were horribly overtaxed; that those things which might be +their salvation, and are necessary conditions for industrial +prosperity--railways, cheap living, consistent and fair +government--were not theirs. The President visited Johannesburg with +the object of giving the assurance that railways would be built. He +addressed a crowd of many thousands of people from a platform at the +Wanderers' Club pavilion. He did not conceal his suspicions of the +people, and his attempts to conceal his dislike were transparent and +instantly detected, the result being that there was no harmony +between his Honour and the people of Johannesburg. Later in the +evening the crowd, which had hourly become larger and more and more +excited and dissatisfied, surrounded the house which the President +was occupying, and, without desire to effect any violence, but by +simple pressure of numbers, swept in the railings and pillars which +enclosed the house. Most fortunately the Chief of Police had +withdrawn all the Boer members of the force, and the crowd, to their +surprise, were held back by Colonial, English, and Irish 'bobbies.' +This was probably the only thing that prevented a very serious +culmination. As it was, some excited individuals pulled down the +Transvaal flag from the Government buildings, tore it in shreds and +trampled it under foot. The incident should have been ignored under +the exceptionally trying conditions of the time, but the Government +determined to make much of it. Some arrests were effected, and men +thrown into prison. Bail was refused; in fact, 'martyrs' were made, +and the incident became indelibly stamped on the memory of both Boer +and Uitlander. The President vowed that he would never visit the +place again, and without doubt made use of his experience to +consolidate the feeling of his burghers against the Uitlanders. + +At a meeting of burghers several months after this incident, he +referred to the agitation and constant complaining of the Uitlanders, +and stated that they had only themselves to thank for all their +troubles, and yet they would blame the Government. He then proceeded +to entertain his hearers with one of the inevitable illustrations +from life in the lower animal kingdom. 'They remind me,' said his +Honour, 'of the old baboon that is chained up in my yard. When he +burnt his tail in the Kaffir's fire the other day, he jumped round +and bit me, and that just after I had been feeding him.' For five +years Mr. Kruger was as good as his word. He would not even pass +through Johannesburg when convenience suggested his doing so, but +made circuits by road to avoid the place of detestation. It was on +one of these visits to Krugersdorp, a township within the +Witwatersrand Fields, twenty miles from Johannesburg, that the +President, appreciating the fact that besides his beloved burghers +there might, owing to the proximity of the fields, be some +unregenerate aliens present, commenced his address as follows: +'Burghers, friends, thieves, murderers, newcomers, and others.' This +was not ill-judged and laborious humour; it was said in absolute +earnest. The references were repeated at various intervals in the +address and here explained by allusions to the Scriptures and to the +all-merciful God through Whom even the worst might hope to be +redeemed, the inference clearly being that even the Uitlander, by the +grace of God (and, no doubt, Mr. Kruger), might hope in time to +approach the fitness of the burgher. + +In the meantime another affair occurred, which revived much of the +old feeling expressed at the time of the flag affair. War was +declared against Malaboch, a native chief with a following of a few +hundreds, who had, it was alleged, refused to pay his taxes. Such +wars are of frequent occurrence in the Transvaal, the reasons +assigned being usually some failure to pay taxes or to submit to the +discipline of the native Commissioners. In this case British subjects +were commandeered--that is, requisitioned to fight or to find in +money or in kind some contribution to the carrying on of the war. It +was felt that the position of the Republic did not warrant at that +time a resort to commandeering, a measure which no doubt was +necessary in the early days when the Republic had no cash; but with a +declared surplus of about L1,000,000 in the Treasury, it was deemed +to be an uncivilized and wholly unnecessary measure, and one capable +of the grossest abuse, to permit men of inferior intelligence and +training, and of no education, such as the Field-cornets are, to +use their discretion in levying contributions upon individuals. The +Uitlanders were especially sensible of the injustice done to them. +They had been definitely refused all voice in the affairs of the +State, and they already contributed nine-tenths of the revenue. They +received in return an infinitesimal portion in the shape of civil +administration and public works, and they were distinctly not in +the humour to be placed at the mercy of Boer officials, who would +undoubtedly mulct them and spare the burghers. Protests were made; +and five of the men commandeered in Pretoria, having point-blank +refused to comply with the orders, were placed under arrest. The High +Commissioner, Sir Henry (now Lord) Loch, was appealed to, and, acting +on instructions from the Imperial Government, immediately proceeded +to Pretoria. The excitement was intense. In Johannesburg a number of +men were prepared to make a dash on Pretoria to effect the forcible +release of the prisoners, and had any steps been taken to enforce the +commandeering law within the Witwatersrand district, without doubt a +collision would have taken place. The supply of arms in the town was, +it is true, wholly inadequate for any resistance to the Boers, but in +the excitement of the time this was not considered. + +Sir Henry Loch's visit had the effect of suspending all action; but +the opinion in Pretoria was that should the High Commissioner proceed +to Johannesburg there would be such an outburst of feeling that no +one could foresee the results. Every effort was made to prevent him +from going. Among other steps taken by the President was that of +sending over for the President of the Chamber of Mines, Mr. Lionel +Phillips, and requesting him, if he had the interests of the State +and the welfare of the community at heart, to use his influence to +dissuade the High Commissioner from visiting the town in its then +excited state. Sir Henry Loch, in deference to the opinion expressed +on all sides, agreed not to visit Johannesburg, but to receive +deputations from Johannesburg people at his hotel in Pretoria. The +High Commissioner's visit was successful. The Government agreed to +absolve British subjects from the operation of the Commando Law; but +the men who had been arrested and already sent under guard to the +front were allowed to proceed and receive their discharge at the +scene of war, and were compelled to find their own way back, +receiving no consideration or compensation for the treatment to which +they had been subjected. In this respect it is difficult to say that +Sir Henry Loch achieved all that might have been expected from him. +Possibly, to insist on more than he did would have left President +Kruger no alternative but to refuse at all risks. The Volksraad being +then in session, there may have been some diplomatic reasons for not +pressing matters too hard. + +A trivial incident occurred which once more excited bad party +feeling. The High Commissioner was met at the railway-station by the +President in his carriage. The enthusiastic crowd of British subjects +shouldered aside the escorts provided by the Government, took the +horses from the carriage, and drew it down to the hotel. In the +course of the journey an individual mounted the box-seat of the +carriage with the Union Jack fastened on a bamboo, and in the +excitement of the moment allowed the folds of England's flag to +gather round the President. His Honour rose very excitedly and struck +at the flag with his walking-stick; but in blissful ignorance of what +was going on behind him the standard-bearer continued to flip his +Honour with the flag until the hotel was reached. There it was +understood that the President would leave the carriage with the High +Commissioner, and under this misapprehension those who had drawn +the carriage down left their posts and joined the cheering crowd +the carriage with neither horses nor men to move him, and there he +was obliged to wait until a number of burghers were called up, +who drew his Honour off to his own house. The affair was wholly +unpremeditated and almost unobserved at the time, but it was +unfortunately construed by the President as a deliberate insult, +and it increased, if possible, his dislike for the Uitlander. + +The difficulty of dealing with a man of Mr. Kruger's nature and +training was further illustrated by another occurrence in these +negotiations. During a meeting between the President and the High +Commissioner in the presence of their respective staffs the former +became very excited and proceeded to speak his mind very openly to +his friends, referring freely to certain matters which it was +undesirable to mention in the presence of the British party. Mr. +Ewald Esselen, the late State Attorney, wrote in Dutch in a very +large round schoolboy hand, 'Be careful! There is an interpreter +present,' and handed the slip of paper to the President. The latter +stopped abruptly, looked at the slip of paper, first one way and then +another, and after a long pause threw it on the table saying, 'Ewald, +what does this mean? What do you _write_ things to me for? Why don't +you _speak_ so that one can understand?' + +Early in 1895 efforts were made by the Dutch officials in +Johannesburg and a number of private individuals to induce the +President to visit the place again, when it was thought that a better +reception would be accorded him than that which he had experienced on +his visit in 1890. Mr. Kruger steadily refused for some time, but was +eventually persuaded to open in person the first agricultural show +held on the Witwatersrand. Every precaution was taken to insure him a +good welcome, or, at least, to avoid any of those signs which would +indicate that Johannesburg likes President Kruger no more than he +likes Johannesburg; and even those who were most conscious of the +President's malign influence did all in their power to make the visit +a success, believing themselves to be in duty bound to make any +effort, even at the sacrifice of personal sympathies and opinions, to +turn the current of feeling and to work for a peaceful settlement of +the difficulties which unfortunately seemed to be thickening all +round. The event passed off without a hitch. It would be too much to +say that great enthusiasm prevailed; but, at least, a respectful, and +at times even cordial, greeting was accorded to the President, and +his address in the agricultural show grounds was particularly well +received. The President returned to Pretoria that night and was asked +what he thought of the affair: 'Did he not consider it an _amende_ +for what had happened five years before? And was he not convinced +from personal observation that the people of Johannesburg were loyal, +law-abiding, and respectful to the head of the Government under which +they lived?' Mr. Kruger's reply in the vernacular is unprintable; but +the polite equivalent is, 'Ugh! A pack of lick-spittles.' In spite of +a subsequent promulgation it seems clear that there is no 'forget and +forgive' in his Honour's attitude towards Johannesburg. The result of +this interview became known and naturally created a very bad +impression. + +During his second term of office Mr. Kruger lost much of his personal +popularity and influence with the Boers, and incurred bitter +opposition on account of his policy of favouring members of his own +clique, of granting concessions, and of cultivating the Hollander +faction and allowing it to dominate the State. + +Outside the Transvaal Mr. Kruger has the reputation of being free +from the taint of corruption from which so many of his colleagues +suffer. Yet within the Republic and among his own people one of the +gravest of the charges levelled against him is that by his example +and connivance he has made himself responsible for much of the +plundering that goes on. There are numbers of cases in which the +President's nearest relatives have been proved to be concerned in the +most flagrant jobs, only to be screened by his influence; such cases, +for instance, as that of the Vaal River Water Supply Concession, in +which Mr. Kruger's son-in-law 'hawked' about for the highest bid the +vote of the Executive Council on a matter which had not yet come +before it, and, moreover, sold and duly delivered the aforesaid vote. +There is the famous libel case in which Mr. Eugene Marais, the editor +of the Dutch paper _Land en Volk_, successfully sustained his +allegation that the President had defrauded the State by charging +heavy travelling expenses for a certain trip on which he was actually +the guest of the Cape Colonial Government.{12} + +The party in opposition to President Kruger, with General Joubert at +its head, might, for purposes of nomenclature, be called the +Progressive Party. It was really led by Mr. Ewald Esselen, a +highly-educated South African, born in the Cape Colony of German +parentage, educated in Edinburgh, and practising as a barrister at +the Pretoria Bar. Mr. Esselen was a medical student at the time of +the Boer War of Independence, and having then as he still has +enthusiastic Boer sympathies, volunteered for medical service during +the war. He subsequently became attached to the President's staff, +and finally, on completing his legal education, was appointed Judge +of the High Court in the Transvaal. Relinquishing his seat on the +Bench after some years of honourable service he returned to the Bar, +and became an active factor in politics. Mr. Esselen, from being the +closest personal adherent of Mr. Kruger, became for a time his most +formidable opponent and his most dreaded critic. A campaign was +organized for the presidential election and feeling ran extremely +high. To such lengths, indeed, did the Boer partisans go that for +some months the possibility of a resort to arms for the settlement of +their differences was freely discussed by both parties. The election +took place in 1893, and at the same time elections of members for the +First Volksraad were in progress. Mr. Kruger made masterly use of his +position in office and of his authority over the officials appointed +during his _regime_, and for the time being he converted the Civil +Service of the country into an election organization. Not even the +enemies of the President will deny that he is both a practised +diplomat and a determined fighter. By his energy, intrigue, personal +influence, and intense determination, he not only compelled his party +to the highest effort, but to a large extent broke the spirit of the +opposition before the real struggle began. There are two stages in +the Presidential election at which a fight can under certain +circumstances be made. There were certainly two stages in this +election. The first is at the polls; the second is in the Volksraad, +when objections have to be lodged against candidates and a +commission of investigation appointed, and the steps necessary for +the installation of the new President have to be discussed. Mr. +Kruger and his party took ample precautions. It has been stated +openly and without contradiction, and is accepted in the Transvaal as +an unquestionable fact, that at least three properly elected members +of the Volksraad were 'jockeyed' out of their seats because they were +known to have leanings towards General Joubert. A number of his +supporters among the prominent officials of the Civil Service were +disfranchised by the action of President Kruger because they had +favoured his rival. In a country where the matters of Government +have been so loosely conducted it is no doubt fairly easy to find +flaws, and the President experienced no difficulty in establishing +sufficient case against General Joubert's supporters to satisfy the +persons appointed by him to investigate matters. On various pretexts +newly-elected members were debarred from taking their seats. In one +case, a strong supporter of General Joubert, who was returned by a +majority of something like six to one, was kept out of his seat +by the mere lodging of an objection by his opponent, the former +representative of the constituency; there being a provision in the +law that objections with regard to elections shall be heard by the +Volksraad, and that, pending the return of a new member, the member +last elected for the constituency shall continue to represent it. +That the objection lodged in this case was ridiculous in the extreme +had no bearing on the immediate result. The President, with admirable +gravity, said, 'The law provides that all objections must be heard by +the Volksraad, and that pending the decision the old member (a +strenuous supporter of his Honour) shall retain his seat; and before +all things we must support the law.' In the case of Mr. Esselen, who +was elected member for Potchefstroom, the most flagrant abuses were +proved to have been committed by the polling officer, the landdrost, +dead and absent men having (according to him) rolled up freely to +vote for the Krugerite candidate. Numbers of Mr. Esselen's supporters +were disqualified on various pretexts, and the voting being conducted +openly the moral suasion and close supervision of the official +(Krugerite) party were very effective. Mr. Esselen was declared to +have lost his seat by seven votes. Scrutinies were demanded and +objections lodged, but without avail. The tactics above indicated +were pursued in every case. The old Volksraad having been filled with +Mr. Kruger's creatures, it was, of course, his interest to support +the return of old members. He was thus enabled by the law above +quoted to retain an old member in the Volksraad pending the decision +in a case of dispute. Mr. Esselen's defeat was a crushing blow to the +Joubert party, as the want of a leader in the House itself completely +demoralized the General's followers. The election for President +proceeded, and General Joubert was, without any doubt whatever, +elected by a very considerable majority. The tactics already +described were again followed, and the result was announced as: +Kruger, 7,881; Joubert, 7,009. Objections were lodged by General +Joubert, but, deprived of the services of Mr. Esselen in the First +Raad, and overawed by the fierce determination of his opponent, the +General, finding himself in for a struggle, lost heart as usual and +collapsed. + +The difference between the two men is remarkable. Mr. Kruger, to his +credit be it said, has not the remotest conception of the meaning of +fear, and would not know how to begin to give in. Mr. Joubert, 'Slim +(sly) Piet,' as he is called, possessing a considerable share of the +real Africander cunning, is yet no match for his rival in diplomacy, +and has none of his grit and courage. In later years this has been +proved a score of times, and it is, therefore, the more interesting +to recall that at the time of the annexation General Joubert refused +to compromise his principles by taking office under Shepstone, whilst +Mr. Kruger was not so staunch; and both before and during the war +General Joubert refused to accept less than what he considered to be +his rights, and steadily and frequently proclaimed his readiness to +fight whilst Mr. Kruger was diplomatizing. + +The Commission appointed by the Raad to investigate matters was +constituted chiefly of Mr. Kruger's supporters, and the result was a +foregone conclusion. They confirmed the result of the election as +declared; and Mr. Kruger, with the grim humour which upon occasions +distinguishes him, seeing an opportunity for inexpensive magnanimity +which would gratify himself and be approved by everyone--except +the recipients--appointed the most prominent supporters of his rival +in the Volksraad to be the official deputation to welcome the new +President. + +The President did not neglect those who had stood by him in his hour +of need. Mr. Kock, landdrost and polling-officer of Potchefstroom, +who had deserved well of his patron, if for nothing more than the +overthrow of Mr. Esselen, was appointed member of the Executive to +fill a position created purposely for him. The membership of the +Executive is expressly defined by the Grondwet; but his Honour is not +trammelled by such considerations. He created the position of Minute +Keeper to the Executive with a handsome salary and a right to vote, +and bestowed this upon his worthy henchman. + +The Executive Council thus constituted consisted of six members; and +here again the President contrived to kill two birds with one stone, +the expression of his gratitude being by no means unprofitable. After +so bitter a struggle and the resort to such extreme measures as he +had been obliged to use, he anticipated no little opposition even +within the inner circle, and, in any case, he as usual deemed it wise +to provide against all contingencies. Dr. Leyds' vote he knew he +could count on, the interests of the party which the State Secretary +represents being such that they are obliged to work with Mr. Kruger. +The appointment, therefore, of Mr. Kock gave his Honour one half of +the Executive, and the casting-vote which pertains to his office +turned the scale in his favour. Whatever, therefore, might be his +troubles with the Volksraad when, by process of justice, reform, or +death his adherents should be gradually removed from that Chamber, +his position was, humanly speaking, assured in the Executive Council +for the term of his office. + +The opposition to Mr. Kock's appointment was extremely strong, +culminating in the formulation of charges of theft against him by Mr. +Eugene Marais, the spirited editor of the leading Dutch paper, _Land +en Volk_. The charge alleged against Mr. Kock was that during his +term of office as landdrost at Potchefstroom he had appropriated the +telegraph-wires in order to fence his own farm. Feeling ran so high +ordinary courts was not permitted, but a Special Commissioner, one +not qualified by legal experience or official position to preside in +such a case, was selected. By a positively ludicrous exercise of +discretion in the matter of admission of evidence Mr. Kock was +cleared. Mr. Marais, nothing daunted, continued his exposures, +challenging that action should be taken against himself for libel, +and finally producing photographs taken by competent witnesses +showing the _corpus delicti in situ_. The President and Mr. Kock were +not to be drawn, however, and, secure in their newly-acquired +positions, they declined the offer of battle and rested on their +laurels. + +For some time the Opposition, now called the Progressive Party, was +completely demoralized, and it was not until the following year that +individuals again endeavoured to give cohesion to the party. Appeals +were made by them to prominent individuals and firms associated with +the mining industry for financial support in the manner in which it +is contributed in England for electioneering purposes. A determined +and well-sustained effort was made to educate Boer opinion to better +things, and to bring such influence to bear on the electorate as +would result in the return of a better class of men to the Volksraad. +Newspapers conducted with this end in view were circulated throughout +the country, and when the elections for the Volksraad took place, +specially qualified agents were sent to ascertain the feeling of the +districts, and to work up an opposition to the existing methods of +Government. In every case endeavours were made to select a popular +resident within a district of more enlightened views and higher +character than his fellows. A good many thousand pounds were +contributed and expended for this purpose. Absolutely no stipulation +was made by the contributors to this fund, except that the aim should +be for honest and decent government. The funds were placed +unreservedly in the hands of well-known and highly respected men who +were themselves burghers of the State, and the Uitlanders laid +themselves out for one more effort to effect the reforms by peaceful +means and pressure from within the State. The elections came off and +were regarded as a triumph for the Progressive Party, which it was +alleged had secured some sixteen out of twenty-six seats in the First +Volksraad, and a similar majority in the Second. Hope revived and +confidence was restored among the Uitlanders, but old residents in +the country who knew the Boer character warned the alien community +not to expect too much, as it was a question yet to be decided how +many of those who were Progressives at the time of the election would +stand by their professions when brought face to face with the +President and his party in battle array. + +The warning was too well warranted. The Volksraad so constituted was +the one which rejected with sullen incivility (to apply no harsher +term) the petition of 40,000 Uitlanders for some measure of franchise +reform. This Progressive Raad was also the one which passed the Bills +curtailing the liberty of the press, and prohibiting the holding of +public meetings and the organization of election committees, and +which distinguished itself by an attempt to wrest from the High Court +the decision of a matter still _sub judice_--the cyanide case. + +In this case the mining industry had combined to test the validity of +certain patents.{13} In spite of attempts at reasonable compromise on +behalf of the mines, and these failing, in spite of every effort +made to expedite the hearing of the case, the question continued +to hang for some years, and in the meantime efforts were being +made during two successive sessions of the Volksraad to obtain +the passage of some measure which would practically secure to the +holders of the patents a monopoly for the use of cyanide, or an +indefeasible title to the patents, whether valid in law and properly +acquired or not. These attempts to evade the issue were in themselves +a disgrace to a civilized nation. Failing the obtaining of an +absolute monopoly, an endeavour was made to pass a law that all +patents held without dispute for a certain period should be +unassailable on any grounds. There was a thin attempt at disguising +the purpose of this measure, but so thin, that not even the +originators could keep up the pretence, and the struggle was +acknowledged to be one between the supporters of an independent +court of justice and honest government on the one side, and a party +of would-be concessionaires--one might say 'pirates'--on the +other. The judges made no secret of their intention to tender their +resignations should the measure pass; the President made no secret +of his desire that it should pass. His party voted as one man in +favour of it, and the coffee meetings on the Presidential stoep were +unanimously for it. The Raad was exactly divided on the measure, +and it was eventually lost by the casting-vote of the chairman. No +absolute harm was done, but the revelation of the shameful conditions +of affairs in a Raad of which so much good was expected did as +much as anything could do to destroy all hope. It was a painful +exhibition, and the sordid details which came to light, the +unblushing attempts to levy blackmail on those who were threatened +with pillage by would-be concessionaires, the shameless conduct of +Raad members fighting as hirelings to impose a fresh burden on their +own country, sickened the overburdened community. + +The Bewaarplaatsen question also excited much discussion, but was not +a subject of such close interest to the Uitlander community as +others, for the reason that but few companies were directly +concerned. Bewaarplaatsen is a name given to areas granted for the +purpose of conservation of water, for depositing residues of crushed +ore, etc.--in fact, they are grants of the surface rights of certain +areas at a lower rate of license than that paid upon claim or mineral +areas. This variation in the licensed areas was a wholly unnecessary +complication of the gold law, the difference in cost being +inconsiderable, and the difference in title affording untold +possibilities of lawsuits. In some cases companies had taken out +originally the more expensive claim-licenses for ground the surface +only of which it was intended to use. They had been compelled, by +order of the Government, to convert these claims at a later period +into bewaarplaatsen. They were almost invariably situated on the +south side of the Witwatersrand Main Reef, for the reason that, as +the ground sloped to the south, the water was found there, the mills +would naturally be erected there, and the inclination of the ground +offered tempting facilities for the disposal of residues. After some +years of development on the Main Reef it became clear that the +banket beds, which were known to dip towards the south, became +gradually flatter at the lower levels, and, consequently, it was +clear that bodies of reef would be accessible vertically from +areas south of the reef which had formerly been regarded as quite +worthless as gold-bearing claims. The companies which owned these +bewaarplaatsen now contended that they should be allowed to convert +them into claims, as, by their enterprise, they had exploited +the upper levels and revealed the conditions which made the +bewaarplaatsen valuable. The companies had endeavoured to convert +these bewaarplaatsen into claims when they first discovered that +there was a possibility of their becoming valuable, and that at a +time when the areas themselves were of extremely little market +value to any except the holders of the surface rights. They were +unsuccessful in this through some lack of provision in the law, +and year after year the subject was fought out and postponed, the +disputed ground all the time becoming more and more valuable, and +consequently a greater prize for the concessionaire and pirate, and +a greater incentive to bribery on all hands, until it came to be +regarded by the worthy members of the Volksraad as something very +like a special dispensation of Providence, intended to provide +annuities for Volksraad members at the expense of the unfortunate +owners. After a particularly fierce struggle, the Volksraad went so +far as to decide that those companies which had been obliged to +convert their original claim-holdings into bewaarplaatsen should +be allowed to re-convert them to claims and to retain them. Even +this was only gained after the Minister of Mines had, on his own +responsibility, issued the claim licenses, and so forced the +Volksraad to face the issue of confirming or reversing his action! + +In this matter the President again fought tooth and nail against the +industry, and most strenuous efforts were made by him and his party +to obtain a reversal of the decision, but without effect. This, +however, only disposed of a small portion of the ground at stake. +With regard to those areas which had never been held as claims, the +issue lay between two parties known respectively as the companies, +who were the surface-owners, and the applicants. The applicants, +according to the polite fiction, were those who, having no claim +superior to that of any other individual member of the public, had +happened to have priority in order of application. As a matter of +fact, they were Government officials, political supporters and +relatives of the President, financed and guided by two or three of +the professional concession-hunters and hangers-on of Mr. Kruger's +Government. Notwithstanding the existence of a law specifically +prohibiting Government servants from concerning themselves in other +business and speculations, the parties to this arrangement entered +into notarial contracts determining the apportionment of the plunder, +and undertaking to use their influence in every way with the +President and his party and with members of the Volksraad to secure +the granting of the rights in dispute to themselves. With them was +associated the originator and holder of another infamous monopoly, +and it was stated by him in the Chamber of Mines, that should they +fail to obtain these rights for themselves they were prepared to +co-operate with another party and force the Government to put them up +for public auction, so that at any rate the mines should not have +them. The object of this threat was to compel the mining companies to +come to terms with him and compromise matters. + +One of the notarial contracts referred to has been made public, and +it contains the names of Mr. 'Koos' Smit, the Government Railway +Commissioner, and one of the highest officials in the State; +Landdrost Schutte, Chief Magistrate of Pretoria, and Mr. Hendrik +Schoeman, one of the most prominent commandants in the Transvaal and +a near relation of the President. Needless to say, all are members of +the Kruger family party, and were most prominent supporters of his +Honour at the time of the 1893 election. They claim that they were +definitely promised a concession for the bewaarplaatsen as a reward +for their services in this election. The precedent quoted on +behalf of the companies in support of their claim is that of the +brickmaker's license under the Gold Law. Brickmakers have privileges +under their license similar to those granted with bewaarplaatsen, but +in their case it is provided that should gold be discovered or be +believed to exist in the areas granted under their licenses, the +holder of the license shall have the right to convert his area into +Law. The companies urged that this reveals the intention of the law, +and that such a condition was omitted in connection with +bewaarplaatsen simply and solely through oversight, and because at +that time it never occurred to anyone to suppose that the +gold-bearing deposits would shelve off and be accessible at such +great distances from the outcrop as where the bewaarplaatsen are +located. The companies moreover pointed out that these areas were in +every case located in the middle of property held under mining +licenses, that they themselves owned the surface of the property and +therefore no one else could work on them, that the areas were in +themselves too small and too irregular in shape to be worked +independently of the surrounding ground, and that the granting of +them to others could not be justified by any right on the part of +applicants, and would merely be placing in their hands the means of +imposing on the owners of the surfaces and the adjacent claims an +excessive purchase price or the alternative of being blocked in the +development of their own ground. After the Second Raad had decided in +principle in favour of the surface-holders, action was taken by the +First Raad, and a change of front was effected by a measure +alteration, which hung the question up for another year. Everyone +realized that this was secured by the influence of the President in +the first place and by the pliability of Raad members in the second, +on the ground that the matter was too profitable to them personally +to be disposed of until it became absolutely compulsory.{14} + +One of the first concessions granted by the Boer Government after the +restoration of the country to them was the liquor monopoly. Under +this grant a factory established within a few miles of Pretoria has +the sole right to distil spirits. Time and very considerable +experience are in all countries necessary for the manufacture of good +liquor, and the natural conditions are not more favourable to the +industry in the Transvaal than elsewhere, consequently the product is +not regarded with great favour. The enterprise, however, is a very +prosperous one, being dependent almost entirely upon the sale of +liquor to natives. For a number of years representations were made by +the Chamber of Mines on behalf of the industry, by individuals and by +public petitions, with the object of controlling the liquor trade and +properly enforcing the laws which already existed. The following +terse summary of the evils resulting from this sale of liquor is +taken from the report of the Chamber of Mines for 1895. Unfortunately +the remarks apply equally well to-day: + +There is, indeed, no doubt that one of the greatest difficulties with +which local employers have to deal is the question of the liquor +trade. In very many cases the liquor supplied to the natives is of +the vilest quality, quickly inflaming those who take it to madness, +and causing the faction fights which sometimes have fatal results, +and always lead to the, at any rate, temporary disablement of some of +the combatants, and the damaging of property. Accidents, too, are +often attributable to the effects of drink, and altogether, as stated +in the resolutions, a large percentage of the deaths among the +natives here is directly due to drink. In its bearing on the labour +question, drink also plays an important part. The shortness in the +supply, as compared with the demand for labour, has been accentuated +by it. Where possible more natives are kept in the compounds than are +actually required for the work to be done, to make allowance for +those who are disabled by drink. + +The granting of licenses to liquor houses was carried to such an +extreme that at last the entire community rose against it, and the +expression of opinion was so strong that the Government was compelled +to make a show of deferring to it. Involved in the liquor question +was the matter of police, and arising out of this, again, was the +question of dealing with crime in general, including the gold and +amalgam stealing that was known to be carried on on a considerable +scale at the expense of the companies. + +The Attorney-General, or State Attorney, as he is called in the +Transvaal, is the responsible head of the Law Department, and until +lately was the departmental head of the police. The gentleman then +occupying the position of State Attorney was peculiarly unfit--in the +midst of that world of unfitness--for the duties which he was +supposed to perform. He was removed from office, and after +considerable negotiation Mr. Esselen was prevailed upon at a great +monetary sacrifice to accept the position of State Attorney, he +stipulating that he should have a free hand in reorganizing the +detective and police forces. During the months in which Mr. Esselen +continued in office admirable reforms were introduced, and a very +appreciable influence was exercised on the condition of affairs in +Johannesburg. It is inadvisable to state explicitly the nature of the +objections which existed against some of the officials employed under +the former _regime_; it is sufficient that they were proved to be +participators in the offences which they were specially employed to +suppress. Mr. Esselen's first step was to appoint as chief detective +an officer borrowed from the Cape Colonial Government, Mr. Andrew +Trimble, who in a very little while showed that courage and honesty +of purpose could not only effect considerable reforms, but could +provoke the undisguised and fierce hostility of a very large section +of the community. The canteen keepers were up in arms; the illicit +gold buyers left no stone unturned; the hangers-on of the Government +lost no opportunity in their campaign against Mr. Esselen and his +subordinate and their reforms. The liveliest satisfaction however was +expressed by all those whose interest it was to have matters +conducted decently and honestly, and who had no interest in crime +except so far as its suppression was concerned. Representation was +secured for the Chamber of Mines upon one of the licensing bodies, +and here, too, a very appreciable result followed. During Mr. +Esselen's term of office all went well as far as the public were +concerned, but influences were soon at work to undermine the two +reforming officials. It was represented to the President that Mr. +Trimble had once been in the British army; that he was even then a +subject of the Queen, and entitled to a pension from the Cape +Government. The canteen interest on the goldfields, playing upon the +prejudices of the Boers, represented that this was unfitting the +dignity of the Republic. The President, who was too shrewd to be +caught with such chaff, was perfectly ready to support them for the +sake of the liquor interest, which for him constitutes a very useful +electioneering and political agency throughout the country. Mr. +Esselen was sent for, and it was represented to him by the President +that the employment of a British subject in such a responsible office +as that of chief detective was repugnant to the burghers. The reply +was that it was competent for the Executive to naturalize Mr. Trimble +at once and so remove the objection, the Government having power in +special cases to dispense with the conditions of the Naturalization +Law--a power frequently exercised in the case of their Hollander +friends. The President, in reply, stated that it could not be done, +and he appealed to Mr. Esselen to select a man of another +nationality--'a Frenchman, German, or even an American'--this last +being a concession wrung from him by Mr. Esselen's soothing +suggestion that the Chief of Police should be familiar with the +language of the criminal classes. The hitch was maintained for some +months, but finally the influences on the side of the President +became too strong, and when it became clear that the many months +of laborious work and self-sacrifice which had been given in the +interests of reform were to be nullified by the appointment of a +creature who would connive at every breach of the law, Mr. Esselen +decided to stand or fall by his subordinate, the result being a +triumph for the President. + +In Mr. Esselen's place there was appointed as State Attorney Dr. +Coster, a Hollander, who however declined to have anything to do with +the organization of the police; and in Mr. Trimble's stead reappeared +the individual whom he had superseded and whose services had been +dispensed with.{15} The triumph of the back-door influences was again +complete and the blow was a very nasty one to the mining industry. + +Small wonder that at about this time the Uitlander community stopped +all agitation, and that a mood of sullen opposition and discontent +took its place. Hope was absolutely dead as abuse after abuse and +scandal after scandal were showered upon them during the Session of +1895. Some of the acts of the Volksraad cut at the foundation of all +security. In the early days of the Republic the Volksraad members had +taken it upon themselves to reverse several of the decisions of the +High Court, and in one case where the Government was being sued for +the fulfilment of a contract the Volksraad had passed a resolution +absolving the Government from certain terms of the contract. The +decision of the Court, delivered by Chief Justice Kotze, was to the +effect that if the Volksraad should take a decision in conflict with +an existing law, that law became _ipso facto_ so far modified. In +another case (the Dom's case) a resolution was passed disabling the +aggrieved individual from taking action against the Government; in +another, where the responsibility of the Government for the +maintenance of roads had been indicated by a judgment for L1,000 +damages, a law was passed in defiance of the conditions of the +Grondwet, which stipulates for a period of notice and publication for +proposed enactments, absolving the Government from all damages of +this nature. + +More than once laws were passed with retroactive effect--truly one of +the grossest abuses possible for a civilized Government. But perhaps +the most startling case of all was that concerning the proclamation +of the farm Witfontein. This farm had been proclaimed a public +digging open for pegging on a certain hour of a certain day. An +unprecedented rush of peggers took place. The Government, fearing a +riot and ignoring their obvious duty in the matter of police +protection and the maintenance of order, issued an illegal notice +withdrawing the proclamation, and decided to give out the claims by +means of lottery. Numbers of prospectors pegged out claims +notwithstanding this, and the prospect of legal difficulties being +imminent the Government submitted a measure to the Volksraad, passed +also in defiance of Grondwet provisions, which was broadly to the +effect that all persons who considered that they had claims for +damages against the Government in regard to the farm Witfontein and +the proclamation thereof, had none, and that the Government was +absolved from all liability in this respect. This enactment was only +passed after several persons had signified their intention to sue the +Government. The Raad was in fact becoming familiar with the process +of tampering with the Grondwet and members appeared ready to act on +the dictates of their own sweet will without regard to consequences +or laws. + +On several occasions the President and Executive had treated with +contempt the decisions of the High Court, and had practically and +publicly reversed them. There are many instances which it is not +necessary to quote but among the best-known and most instructive ones +are the two cases known as the 'Rachmann' and 'April' cases. Rachmann +was an Indian and a British subject, well educated, far better +educated indeed than the Boer of the country. In following a strayed +horse he had trespassed on the farm of one of the members of the +First Raad. He was arrested and charged with intent to steal, tried +by the owner's brother, who was a Field-cornet (district justice), +and sentenced to receive twenty-five lashes and to pay a fine, the +same sentence being meted out to his Hottentot servant who +accompanied him. Rachmann protested and noted an appeal, stating +(which was the fact) that it was not within the power of a +Field-cornet to inflict lashes, and at the same time he offered +security to the value of L40 pending the appeal. His protests were +disregarded and he was flogged. Not being a native in the sense in +which the law uses the term--_i.e._, a member of the aboriginal +races--he could plead that he was not within the jurisdiction of a +Field-cornet, and there is no doubt that the punishment was inflicted +with full knowledge of its illegality. Rachmann sued Mr. George +Meyer, the Field-cornet in question, in the Circuit Court and +obtained judgment and a considerable sum in damages, the presiding +judge, Dr. Jorissen, animadverting with severity upon the conduct of +the official. Meyer shortly afterwards obtained from Government the +amount of his pecuniary loss through the affair, the President +stating that he had acted in his official capacity and that they +should protect him. + +The 'April' case was one in which an unfortunate native named April, +having worked for a number of years for a farmer on promise of +certain payment in cattle and having completed his term, applied for +payment and a permit to travel through the district. On some trivial +pretext this was refused him, his cattle were seized, and himself and +his wives and children forcibly retained in the service of the Boer. +He appealed to the nearest official, Field-cornet Prinsloo, who acted +in a particularly barbarous and unjustifiable manner, so that the +Chief Justice before whom the case was heard (when April having +enlisted the sympathy of some white people was enabled to make an +appeal) characterized Prinsloo's conduct as brutal in the extreme and +a flagrant abuse of power perpetrated with the aim of establishing +slavery. Judgment was given against Prinsloo with all costs. Within a +few days of this decision being arrived at the President addressing a +meeting of burghers publicly announced that the Government had +reimbursed Prinsloo, adding, 'Notwithstanding the judgment of the +High Court, we consider Prinsloo to have been right.' + +Actions of this kind have a distinct and very evil influence upon the +supply of native labour. No attempt is made to supply the industry +with natives, or to protect the natives whilst on their way to and +from the mines. The position became so bad that the Chamber of Mines +instituted a department with a highly-paid official at its head to +organize supply. It would inadequately describe the position to say +that the Government have rendered the Chamber of Mines no assistance. +Indeed, it appears as though the officials in the country had of set +purpose hindered in every way possible the work so necessary to +the working of the industry on profitable lines. Agencies were +established in all the neighbouring territories. Some of the tribes +declined to work in the Transvaal on account of the risks of +highway-robbery and personal violence which they ran _en route_. +In one case an effort was made by certain mine-owners to meet the +difficulty by importing a whole tribe--men, women, and children--from +Basutoland and locating them upon an adjacent farm. There is however +a law known as the Plakkerswet, or Squatters' Law, which, framed +with that peculiar cunning for which the Transvaal Government +have achieved a reputation, has the appearance of aiming at the +improvement of the native labour supply whilst in effect it does the +opposite. It provides that not more than five families may reside +upon one farm, the 'family' being an adult male with or without women +and children. Ostensibly the law purports to prevent the squatting +together of natives in large numbers and in idleness. As a matter of +fact however the law is not applied in the cases of Boer farmers. +From the President downwards the Boers own farms on which hundreds +of families are allowed to remain, paying their hut-taxes and +contributing largely to the prosperity of the land-owner. In the case +of the Uitlander however there seems to be a principle at stake, as +the mine-owners above referred to found to their cost. No sooner had +they located their tribe and provided them with all the conditions +necessary to comfort than an official came down to them, Plakkerswet +in hand, and removed all except the five allowed by law and +distributed them among his friends and relations. The experiment has +not been repeated. + +Early in 1894 the Chamber of Mines received assurances from the +Government that if they would prepare a Pass Law which would include +provisions for the protection of natives, for the regulation of +their relations with employers, and for their right to travel within +the country, the Government would give their support to the measure +and would endeavour to have it adopted by the Volksraad. The +Commissioner for Native Affairs, General Joubert, admitted his +inability to deal with so complex an affair, and gratefully accepted +the aid of the Chamber. Such a concession on the part of the +Government was regarded as highly satisfactory; the law was prepared, +everything was explained and agreed to, the support of the Government +was promised to the draft law, and it was anticipated that it would +come into force during the Session of 1894. Such was not the case. It +remained pigeon-holed throughout 1894 and 1895, and in the last days +of the latter Session the law was passed; but an important omission +occurred. The Government forgot to create the department to carry out +the law, so that by the end of 1895 the men were no nearer having a +workable law than ever. But reforms when introduced by the Transvaal +Government, are not usually without an object, although not +necessarily the declared one. An opportunity was here presented to +the President to recognize past services, and he appointed to an +office which required the highest intelligence experience character +and zeal an individual who had been implicated in two disgraceful +charges and who, having failed to clear himself had been dismissed +his office by the Boer Government not two years previously. There was +but one explanation forthcoming. The individual in question was a +political supporter of the President and brother of a member of the +Executive Council. No department has yet been created; but a chief +has been appointed at a good salary, and the Pass Law has been +proclaimed in one district of the Witwatersrand out of several; so +that a measure which was designed to effect an immense saving in +expense and convenience to the mining industry was by the appointment +of an improper man and the neglect to organize a department rendered +quite useless, and by partial promulgation it was made even +detrimental.{16} + +It has been aptly said of the Boers--and the present instance +illustrates the truth of the remark--that reform with them seems to +be impossible; because, in the first place, they do not know what to +do; in the second place, if they did, they have not got the men to do +it; and, in the third place, if they had the men, they show no +conception of a duty higher than that of utilizing every opportunity +for personal advantage.{17} To the uninitiated it may well be a +puzzle that President Kruger should encourage a system aiming so +directly at the strangling of an industry which is the mainstay of +the country; but in order to appreciate his motives it is necessary +to see things from his point of view. He and his party are not +desirous of cheapening the cost of production. He does not aim at +enabling the ever-increasing alien population to work lower-grade +mines, and so double or treble the number of immigrants, even though +it should profit the revenue of the country. A proposal was once made +to proclaim as a public field the town lands of Pretoria--that is to +say, to enable the public to prospect, and if results warranted, +to open up mines on the lands--some thousands of acres in +extent--surrounding the town. The President attended the debate in +the Second Raad and violently opposed the measure. The appeal at the +end of his address is perhaps as instructive as anything Mr. Kruger +has said. 'Stop and think what you are doing,' he exclaimed, 'before +you throw fresh fields open. Look at Johannesburg. See what a trouble +and expense it is to us. We have enough gold and enough gold-seekers +in the country already. For all you know there may be another +Witwatersrand at your very feet.' + +In January, 1891, the average wage for native labourers was L2 2s. +per head per month. In 1893 it had risen to L2 18s. 10d., in 1895 to +L3 3s. 6d. In other South African States wages rule from 15s. to 30s. +per month, and the failure to facilitate the introduction of natives +from outside and to protect them is largely responsible for the high +figures paid on the Rand. Unquestionably the ill-will of the Boer +Government is to blame for the consistent neglect of this growing +need of the mines. If decent protection and facilities were given, +the wage could be reduced to L1 15s. per month. The Government has it +in its power to give the mines labour at this price, but, as a matter +of fact, there is no desire to see the lower-grade mines working. A +reduction of L1 a month--that is, to L2 3s. 6d.--would mean an +annual saving of L650,000, and the main reason why nothing has been +done to obtain this reduction is that President Kruger holds that the +gold fields are already big enough and that their further extension +would be a calamity. + +Early in 1895 considerable suspicion and uneasiness were +aroused by indications of the growth of the German policy. The +commercial section of the community was disturbed by reports of +secret arrangements favouring German importers. Facilities were +given, and 'through rates' quoted from Hamburg to Johannesburg at a +reduction which appeared to be greater than any economies in sea +transport, coupled with the complete elimination of agency charges, +would warrant. The formal opening of the Delagoa Bay Railway by the +President furnished him with an opportunity to express with +significant emphasis his friendliness for all things German. At a +banquet given in honour of the German Emperor's birthday, January 27, +1895, the President, after eulogizing the old Emperor William, the +present Emperor, and the loyalty of the Germans in the Transvaal, +continued: + +The latter I experienced once again at the time of the Kaffir War. +One day three or four Germans came to me and said: 'We are indeed not +naturalized, and are still subjects of our Emperor in Germany, but we +enjoy the advantages of this country, and are ready to defend it in +accordance with its laws. If your Excellency requires our services, +we are willing to march out.' And they marched. That is the spirit +which I admire. They were under the laws, they worked under the laws, +they obeyed the laws, and they fell in war under the laws. All my +subjects are not so minded. The English, for instance, although they +behave themselves properly and are loyal to the State, always fall +back upon England when it suits their purpose. Therefore I shall ever +promote the interests of Germany, though it be but with the resources +of a child, such as my land is considered. This child is now being +trodden upon by one great Power, and the natural consequence is that +it seeks protection from another. The time has come to knit ties of +the closest friendship between Germany and the South African +Republic--ties such as are natural between father and child. + +The very considerable increase in the number of Germans, and the +positive statement that a great many men of military training were +coming out for service in the Transvaal, that officers were being +employed to work up the artillery and to design forts, all tended to +increase the feeling of intense dissatisfaction and uneasiness which +culminated in the outbreak at the close of the year. Dr. Leyds, it +was well known, went on a political mission to Lisbon and to Berlin, +and it was stated that large sums had been withdrawn from the +Treasury and charged to the secret service fund, the handling +of which was entrusted to this gentleman. Dr. Leyds' personal +popularity, never very great, was at the lowest possible ebb. He was +regarded as the incarnation of Hollanderism--the 'head and front' of +that detested influence. It was not credited to him in the Transvaal, +as it has been elsewhere, that he designed or prompted the policy +against the Uitlanders. There it is fully appreciated that there is +but one man in it, and that man President Kruger. Dr. Leyds and +others may be and are clever and willing tools. They may lend acidity +or offensiveness to a hostile despatch, they may add a twist or two +to a tortuous policy, but the policy is President Kruger's own, the +methods are his own, all but the minor details. Much as the +Hollander-German clique may profit by their alliance with Mr. Kruger, +it is not to be believed that he is deceived. He regards them as +handy instruments and ready agents. If they profit by the +association, they do so at the expense of the accursed Uitlander; but +there is no intention on Mr. Kruger's part to allow Germany or +Holland to secure a permanent hold over the Republic, any more than +he would allow England to increase hers. He has played off one +against another with consummate skill. + +Early in his official career Dr. Leyds was guilty of an indiscretion +such as few would have suspected him of. Shortly after his +appointment as Attorney-General he wrote to a friend in Holland, +giving his opinion of the Members of the Executive. His judgment was +sound; except of one man. Unfortunately for Dr. Leyds, he quarrelled +with his correspondent; and the letter was of such a nature that, +when published, it made extremely unpleasant reading. Generals +Joubert and Smit, who had been described with admirable truth and +candour, were so enraged that they demanded the instant dismissal of +the 'conceited young popinjay' who had dared to criticise his +masters. The President, however, who had been described as an +ignorant, narrow-minded, pig-headed, and irascible old Boer +whom--with the others thrown in--the writer could play with and twist +round his finger as he chose, was not disturbed by the criticism. In +reply to appeals for forgiveness on the score of youth, and in spite +of the opposition of his colleagues, President Kruger agreed to +retain Dr. Leyds in office, remarking that he was a capable young +fellow and would know better in course of time, and explaining to +him personally that he would keep him there just as long as it suited +his (the President's) convenience. The association has lasted for ten +years, so it is to be presumed that Dr. Leyds has changed his opinion +of President Kruger, and frankly realized his position. + +During the early part of 1896, when the question of the release on +bail of the reform prisoners seemed to be of some moment, a +well-known Pretoria man, friendly to the Government, called upon +President Kruger and urged the advisability of allowing the prisoners +out on bail, and with considerable lack of tact explained that it was +well known that the President's humane nature inclined him to be +lenient, but that the malign influence of others was believed to be +swaying him in this matter. The old President jumped up in a huff and +said, 'Ja, ja, ja! You always say it is somebody else! First, it was +Jorissen who did everything; then it was Nellmapius; and then it was +Leyds. Well, Jorissen is done for; Nellmapius is dead; Leyds is in +Europe--who is it now?' + +The President's opinion of himself may be commended as food for +reflection to those who think they know everything about the inner +workings of the Transvaal. + +Dr. Leyds' reputation, unfavourable as it had been, was not improved +by the Selati Railway exposure. Rightly or wrongly, in this matter, +as in the jobs of the Netherlands Railway and several others of +considerable magnitude, he has been held responsible in the public +mind for the financial loss which the Republic sustained. When he +left, ostensibly on a recruiting trip, few--very few--believed that +the illness was a physical one. It is alleged that a gentleman +on President Faure's staff, on hearing that Dr. Leyds had gone +to Berlin to consult a physician, inquired what the ailment was? +'Mal de gorge,' was the reply. 'Ah,' said the officer, 'mal de +gorge--diplomatique.' And that was the opinion in the Transvaal, +albeit differently expressed. + +It is impossible within the limits of this volume nor is it at all +necessary to review all the measures which have been passed by the +Volksraad and pressed by the Government unnecessarily burdening the +Uitlanders and unjustifiably assailing their rights; such for +instance as the Election Law, which made it a crime to form +Committees or do any of those things which are regarded everywhere as +part of the legitimate business of elections--thus leaving Mr. Kruger +the sole master of electioneering machinery, namely, the Government +officials. The Public Meetings Act was another monstrous infringement +of rights. By it a policeman has the right to disperse any gathering +of more than seven persons, if in his opinion it be desirable. +Imagine it! Liberty of Speech against the Discretion of a Transvaal +policeman! But the list would be long, and the tale monotonous. And +as long and equally monotonous would be the list of the measures +proposed or threatened, but fortunately not carried. However, the +review of the period prior to 1896, and the statement of the causes +leading to the outbreak, may fitly be brought to a close by the +recital of some of the measures under both the above headings which +grace the records of the Session of 1895. + +As is well known, the Grondwet (the written constitution of the +country) prescribes certain formalities for the introduction of new +laws. In order to evade the law, and so avoid hostile criticism of +proposed measures, in order, in fact, to prevent the public and even +the Volksraad members from knowing and studying or explaining and +digesting the intended legislation, it has become the practice of the +Government to propose and rush through the most radical and important +enactments in the form of amendments or explanations of existing +laws. Prior to 1895 the Transfer Law imposed a tax of 4 per cent. +upon the purchase-price of fixed property; and in the case of sales +for shares a valuation of the property was made by the Government +district officials, and transfer duty was paid on the amount of the +valuation. This was universally done in the case of claims, which +must of necessity in most instances be transferred several times +before they become registered in the name of the company eventually +working them. It was admitted that to pay 4 per cent. of full value +on every transfer, or to pay 4 per cent. on the nominal value of +ground on which years of work would have to be done and large sums of +money expended before shareholders could reap one pennyworth of +profit would be iniquitous. In 1895, however, the Raad thought +otherwise, and amended the law by the insertion of the words 'in cash +or shares' after the words 'purchase-price.' The result is, that +owners who have acquired claims at great cost, who have paid licenses +continuously on their claims, and who have paid full transfer duty on +each nominal change of ownership, necessary to consolidation into +workable blocks or groups, are now required to pay again in cash 4 +per cent. on the total capital allotted in respect of these claims in +the company formed to work them. Members of the Raad, in supporting +this measure, did not hesitate to argue that it was a good law, +because the burghers did not sell their farms for shares, but for +cash, and it was right to tax those people who deal in shares. + +The sense of insecurity which obtains during the Sessions of the Raad +is due scarcely less to the threats which are not fulfilled and +attempts which do not succeed, than to what is actually compassed. A +direct tax on gold has more than once been threatened; concessions +for cyanide, jam, bread, biscuits, and woollen fabrics were all +attempted. The revival of an obsolete provision by which the +Government can claim a royalty on the gold from 'mynpachts,' or +mining leases, has been promised, and it is almost as much expected +as it is dreaded. + +With a monotony which is wearying, but which does not diminish the +unfortunate Uitlanders' interest in the subject, the burden of every +measure falls on the alien. One more instance will suffice. It +illustrates the Hollander-Boer genius for fulfilling the letter and +breaking the spirit of a covenant. It was notified that Government +were about to introduce a war tax, and that this tax was to be one of +L20 per farm, to be levied in event of war if in the opinion of the +Government it should be necessary. Much surprise was felt that +anything so unfavourable to the Boers as a tax on farms should be +proposed. When the measure came on for discussion it was found to +contain provisions exempting the owner who personally resided on his +farm, and especially and definitely taxing those farms which are +owned by companies, associations, corporations, or partnerships. The +Boer, it is well known, takes no shares in companies, joins no +associations, and has partnership with no one. This law was shelved +in 1895, but has since been passed.{18} It is of a piece with the +rest. Having sold his farm to the Uitlander, the Boer now proceeds +to plunder him: and 'plunder' is not too strong a word when it is +realized that the tax falls, not on the really valuable farms of the +high veld, which are nearly all owned by individuals, and are all +occupied, but on the undeveloped outlying farms, the rentable value +of which would not on the average suffice to pay the tax! Indeed, one +very large land-owner stated to the Government at the time, that if +this law were passed and put in force, they might take all his +rentals good and bad in lieu of the tax, as it would pay him better! + +These were matters which more immediately concerned persons of +certain means. There is another matter, however, which very directly +concerned every individual who had any intention of remaining in the +country; that is, the matter of education. A dead set had always been +made by the Transvaal Government against any encouragement of liberal +education which would involve the use or even recognition of the +English language. Indeed, some of the legislators have been known to +express the opinion that education was not by any means desirable, as +it taught the rising generation to look with contempt on the hardy +Voortrekkers; and an interesting debate is on record, in which +members pointedly opposed the granting of facilities for the +education of their own women-kind, on the ground that presently the +women would be found reading books and newspapers instead of doing +their work, and would soon get to know more than their fathers, +husbands, and brothers, and would, as a consequence, quickly get out +of hand. It did not seem to occur to these worthy gentlemen that the +proper course would be to educate the men. But it would not be fair +to take this view as the representative one. On the point of the +English language, however, and the refusal to give any facilities for +the education of Uitlander children, the Boer legislature is +practically unanimous. The appalling consequences of allowing the +young population to grow up in absolute ignorance were realized by +the people of Johannesburg, and efforts were constantly made to +induce the Government to recognize the evil that was growing in the +State. The efforts were so entirely unsuccessful that the Uitlanders +found in this as in other cases that nothing would be done unless +they did it for themselves. A fund was opened, to which very liberal +donations were made. The services of a Director-General were secured, +and an Educational Council was elected. A comprehensive scheme of +education--in the first place for the Rand district, but intended to +be extended ultimately for the benefit of the whole of the Uitlander +population in the Transvaal--was devised, and it was calculated that +in the course of a few years a fund of close upon half a million of +money would be required, and would be raised, in order to place +educational facilities within the reach of the people. Needless to +say, this did not at all square with the policy of the Transvaal +Government, and the scheme was looked upon with the utmost disfavour. +In order to defeat it, the Superintendent-General of Education, Dr. +Mansvelt, a Hollander, who for six years had degraded his high office +to the level of a political engine, felt himself called upon to do +something--something to trail the red herring across the too hot +scent; and he intimated that more liberal measures would be +introduced during the Session of 1895, and in his report proposed +certain amendments to the existing law, which would (in appearance, +but, alas! not in fact) improve the condition of the Uitlander. The +following letter appearing in the London _Times_, on October 3, 1896, +although dealing with a period some months later than that under +review, explains the position with authority and clearness--a +position which has not been materially altered, except for the worse, +during Dr. Mansvelt's _regime_. It will be noted that the last-named +gentleman coupled with his 'liberal' provisions the suggestion that +all schools, except those of the State, should be suppressed. Such a +suggestion reveals very clearly the aim of this 'Reform' measure. + +SIR, + +I trust you will allow me a little space with a view to enable me to +correct, by the application of a little wholesome fact, the erroneous +impression which has been created in England with reference to the +education of Uitlanders in the Transvaal by recent crude and +ill-considered expressions of opinion, notably by Mr. Reginald +Statham and Mr. Chamberlain. + +Mr. ----, in a letter addressed to one of your contemporaries, +informed the British public that in view of a liberal Government +grant of L4 per head per annum, the Transvaal Uitlander had nothing +to complain of in respect to education. As Mr. ---- claims to be +completely informed on Transvaal politics, he can only have been +guilty of a deliberate, if not malicious _suppressio veri_ when he +omitted to say that, like most of the legislation of this country, +which has for its ostensible object the amelioration of the condition +of the Uitlander, this measure, which looks like munificence at first +sight, has been rendered practically inoperative by the conditions +which hedge it round. Take, for example, a school of 100 children. +Strike out ten as being under age, ten as having been too short a +time at school, twenty as suspected of being of Dutch parentage. Out +of the sixty that remain suppose fifty satisfy the inspector in the +Dutch language and history, and you have as your allowance for the +year L200--a sum which is insufficient to pay the Dutch teacher +employed to bring the children up to the required standard in that +language. It is small wonder, then, that most teachers prefer to +dispense with this Will-o'-the-wisp grant altogether, seeing that the +efforts of some to earn it have resulted in pecuniary loss. The +actual sum expended on Uitlander schools last year amounted to L650, +or 1s. 10d. a head out of a total expenditure for education of +L63,000, the expenditure per Dutch child amounting to L8 6s. 1d. + +Mr. Chamberlain considers the new educational law for Johannesburg as +a subject for gratulation. I should have thought that his recent +dealings with Pretoria would have suggested to him as a statesman +that felicitations upon the passing of a vague and absolutely +undefined measure might possibly be a little too premature. A +Volksraad, which only rejected the forcible closing of private +schools by a majority of two votes, is hardly likely to give the +Executive _carte blanche_ to deal with Uitlander education without +some understanding, tacit or declared, as to how this power is to be +wielded. Be that as it may, nearly two months have elapsed since the +passing of a measure which was to come into operation at once, and +nothing has been done. In the meantime, we can learn from the +inspired press and other sources that English schools which desire +aid under the new law must be prepared to give instruction in +Standard V. and upwards, and entirely in the Dutch language. So far, +the Superintendent of Education, whether acting under instructions or +on his own initiative, has been absolutely immovable on this point, +and the much-vaunted law promises to be as much a dead letter as the +1s. 10d. grant. The Johannesburg Council of Education has exerted its +influence to secure such an interpretation of the new law as would +lead to the establishment of schools where Dutch and English children +might sit side by side, and so work towards establishing a bond of +sympathy and the eventual blending of the races. The Pretoria +authorities however refuse to entertain the idea of meeting the +Uitlander in a conciliatory spirit on anything like equal terms, but +will only treat with us on the footing of master and servant. A +curious and almost inexplicable feature of the situation is the fact +that hundreds of Boers are clamouring for the better instruction of +their children in English, but which is steadfastly refused them. + +I might enlarge on what I have written, and point out the injustice +and the gross system of extortion practised by the Government in +making Johannesburg pay something like L7 per head for the education +of Dutch children, whilst it has to pay from L5 to L15 per annum +for the education of each child of its own, meanwhile leaving +hundreds growing up in the blackest ignorance and crime. Any comment +would, however, lay me open to the charge of bias and partisanship, +and I therefore confine myself to the simple statement of a few +facts, which I challenge anyone to controvert, leaving the reader to +draw his own conclusions. + + I am, sir, yours, etc., + JOHN ROBINSON, + _Director-General Johannesburg + Educational Council._ + +Imagine it! L650 used for the children of those who contributed +nine-tenths of the L63,000 spent on education! + +The succession of flagrant jobs, the revelation of abuses +unsuspected, the point-blank refusal to effect any reasonable reforms +had filled the Uitlanders' cup perilously full, and during the latter +half of 1895 the prospect of any change for the better, except at the +cost of fighting, was generally realized to be very poor indeed. + +Trouble came to South Africa with the end of 1895. It very nearly +came earlier. Mention has been made that the Netherlands Railway +Company practically dictates the relations of the Transvaal with the +other States in South Africa by means of its tariffs. The competition +between the Cape, Natal and Delagoa lines having become very keen, +and the Cape service by superior management and easier gradients +having secured the largest share of the carrying trade, attempts were +made to effect a different division of profits. Negotiations failed +to bring the various parties to terms, and owing to the policy of the +Netherlands Railway Company, the Cape Colony and Free State, whose +interests were common, were in spirit very hostile to the Transvaal, +and bitterly resentful of the policy whereby a foreign corporation +was aided to profit enormously to the detriment of the sister South +African States. After all that the Colonial and Free State Dutch had +done for their Transvaal brethren in days of stress and adversity, it +was felt to be base ingratitude to hinder their trade and tax their +products. + +The Cape Colony-Free State line ends at the Vaal River. Thence all +goods are carried over the Netherlands Railway Company's section to +Johannesburg, a distance of about fifty miles. In order to handicap +the southern line, an excessive rate was imposed for carriage on this +section. Even at the present time the tariff is 8-1/2d. per ton per +mile, as against a rate of about 3d. with which the other two lines +are favoured. Notwithstanding this, however, and the obstructions +placed in the way by obnoxious regulations and deliberate blocking +of the line with loaded trucks at Vereeniging, and also the blocking +of Johannesburg stations by non-delivery of goods--measures which +resulted sometimes in a delay of months in delivery, and sometimes in +the destruction or loss of the goods--the Southern line more than +held its own. The block was overcome by off-loading goods at the Vaal +River and transporting them to Johannesburg by mule and ox waggons. + +Mr. Kruger and his Hollander friends were almost beaten when the +President played his last card. He intimated his intention to close +the Vaal River drifts against over-sea goods, and, by thus preventing +the use of waggons, to force all traffic on to _his_ railways upon +_his_ terms; and as the threat did not bring the Colony and Free +State to the proper frame of mind, he closed them. This was a +flagrant breach of the London Convention, and as such it was reported +by the High Commissioner to Mr. Chamberlain, and imperial +intervention was asked. Mr. Chamberlain replied that it was a matter +most closely affecting the Colony, and he required, before dealing +with it, to have the assurance of the Colonial Government that, in +the event of war resulting, the cost of the campaign would be borne, +share and share alike, by the Imperial and Colonial Governments, and +that the latter would transport troops over their lines free of +charge. Such was the indignation in the Colony at the treatment +accorded it that the terms were at once agreed to--a truly +significant fact when it is realized that the Ministry undertaking +this responsibility had been put and was maintained in office by the +Dutch party, and included in its members the best and most pronounced +Africander representatives. But Mr. Kruger is not easily 'cornered.' +His unfailing instinct told him that business was meant when he +received Mr. Chamberlain's ultimatum to open the drifts. The +President 'climbed down' and opened them! He has several advantages +which other leaders of men have not, and among them is that of having +little or no pride. He will bluster and bluff and bully when +occasion seems to warrant it; but when his judgment warns him that +he has gone as far as he prudently can, he will alter his tactics as +promptly and dispassionately as one changes one's coat to suit the +varying conditions of the weather. Mr. Kruger climbed down! It did +not worry him, nor did he take shame that he had failed. He climbed +down, as he had done before in the Stellaland affair, the Banjailand +trek, the commandeering incident, and as he no doubt will do in +others; for he may bluff hard, but it will take a great deal to make +him fight. There is one matter upon which Mr. Kruger's judgment is +perfect: he can judge the 'breaking strain' to a nicety. He climbs +down, but he is not beaten; for as surely as the dammed stream will +seek its outlet, so surely will the old Dutchman pursue his settled +aim. + +War is war, and always bad; but sometimes worse; for the cause is +still a mighty factor, as those may see who contrast the probable +effects upon the people of South Africa of war on the drifts question +with the actual results of the Jameson raid. + + +Footnotes for Chapter II + +{04} Among the first notes which poor Colley--brave, wise, generous, +and unlucky--wrote after taking office, was one containing these +words: 'Whether I ... shall find that South Africa is to me, as it is +said to be in general, "the grave of all good reputations," remains +to be seen.' + +{05} See Appendix A for the full text of the Pretoria Convention. + +{06} In February, 1898, he was elected for the fourth time. + +{07} For full text of London Convention, see Appendix B. (July, +1899). A very extensive correspondence has passed on the subject of +the suzerainty. The Transvaal Government now construe the omission of +the Preamble to the 1881 Convention as the result of an agreement to +abolish the suzerainty. Mr. Chamberlain points out that the London +Convention contains specific and not implied amendments of the +Pretoria Convention; that the direct request for abolition of the +suzerainty was refused by Lord Derby; that the preamble as the +fundamental declaration must be deemed to be in force; and that if +not, the same reason which is adduced against the continued existence +of the suzerainty would hold good against the independence of the +Transvaal, for in the preamble of the 1881 Convention alone is any +mention made of either the grant or the reservation. + +{08} Written August, 1896. + +{09} To those who are not familiar with the conditions of the +country, it will seem incredible that the legislative body could be +'fooled' on such a subject. The extracts from the newspaper reports +of the Raad's proceedings, printed in Appendix D of this volume, will +help them to understand and believe. + +{10} The above has been brought up to date for publication, +July, 1899. + +{11} Except on the goldfields, where the appointments are made +by Government. + +{12} For Volksraad records on this subject see Appendix C. + +{13} The decision of the High Court was given in November, 1896, in +favour of the combined companies on all points, and the patents were +thus declared to be invalid! + +{14} During the session of '96 the Volksraad decided to put the +bewaarplaatsen up for public auction, the proceeds of the sale to be +divided equally between the Government and the original owners of the +farms on which the bewaarplaatsen had been granted. The _alleged_ +reason for this decision is that the areas in question are immensely +valuable, and the State and the owners should profit by them, whilst +the companies should be afforded an opportunity of acquiring them at +a fair price. The _real_ reason is that the companies had refused +to be blackmailed further; and the 'defence' funds not being +forthcoming, the gentlemen of the back-stairs had introduced the +ingenious arrangement safeguarding the original owners' rights, +having previously 'arranged' with the same owners. The excuse that +the areas are too valuable to be given away to the companies is as +illogical and ridiculous as the excuse that the Uitlanders are too +numerous to justify the granting of the franchise now. When the +questions were first raised there were neither great values nor large +numbers in existence. They were questions of principle and justice; +and the fact that 'values' and 'numbers' have grown during the years +of struggle in no way justifies the course taken, but rather shows +very clearly the magnitude of the injustice done during the years of +unjustifiable denial. + +This decision shows with admirable clearness how the Uitlander fares +at the hands of the Government. There were, in the last stage of the +affair, four parties concerned: the Government, who are by law +expressly debarred from selling claims (except in case of overdue +licenses), and are obliged to allot them for the consideration of +specified license fees only; the owners of the farms, who are +similarly debarred and are compensated in other ways for the throwing +open of their farms; the 'applicants,' who have been described +elsewhere; and the surface-owners, the mining companies, who were in +possession. Only one of these parties had the slenderest claim to +compensation--namely, the companies, who must inevitably be disturbed +in the possession of the surface by allowing others to work on or +under it. But they get nothing; whilst the Government and the 'owner' +(both of whom had years before derived the fullest profit allowed by +law from these areas in the form of licenses), and the 'applicants' +(who have allied themselves with the 'owners'), divide as +compensation the proceeds of the auction! + +{15} (July, 1899.) This individual has been again removed--this +time by the present State Attorney, Mr. Smuts. + +{16} (July, 1899.) Provision was made for the costs of this +department by doubling the pass fee. In the early days of +Johannesburg as soon as it became evident that hospital accommodation +was necessary, application was made to the Government for a site +(which was granted on the hill then outside the town), and for some +monetary assistance. A fund was also publicly subscribed and the +hospital built. For the maintenance of the hospital two plans were +adopted: one, the collection of funds once a year, _i.e._, Hospital +Saturday, a source which has yielded steadily between L2,000 and +L3,000; two, having in view the immense number of native cases which +required treatment and the extent to which a native is responsible +for unsanitary conditions, it was proposed to impose upon them a fee +of 1s. per month for their passes, the proceeds of this to be devoted +entirely to the hospital. For several years this continued to yield +sufficient for the purpose. The Transvaal Government, although +accepting the plan proposed by the Uitlanders and for a considerable +time carrying it out faithfully, did not establish the right +permanently but adopted the formality of voting the proceeds of the +pass-fee year by year. There came a year when the Raad in its wisdom +decided that this source of revenue was too precarious for so worthy +an object as the hospital, and they decided to vote instead an annual +subsidy of L30,000. It was then known that the fees of the past year +had amounted to over L40,000 and there was every prospect of steady +annual increase. This explains why a seemingly generous subsidy by +the Government does not meet with that hearty recognition to which it +is apparently entitled. When a Pass Department was proposed, the +Government inquired how it was suggested to maintain it. The Chamber +of Mines proposed to raise the pass fee from 1s. to 2s. per month, +the extra shilling to be devoted entirely to the administration of +the Pass Law. With the experience of the hospital shilling in mind +particular care was taken to have the agreement minuted and confirmed +in writing. Nevertheless, it transpired in the evidence given at the +Industrial Commission that the department was being run at a cost of +slightly over L12,000 a year, whilst the proceeds of the shilling +reached the respectable total of L150,000 a year. The Government, +therefore, by a breach of agreement, make L138,000 a year out of the +pass fund, and L120,000 a year out of the hospital fund; and the +mining industry suffers in the meantime through maladministration in +the department, and are doubly taxed in the sense that the companies +have been obliged to establish and maintain at their own cost other +hospitals all along the reef. It is not suggested that the companies +should not provide hospitals, the point is that having established a +fund, which although nominally paid by the natives really has to be +made up to them in wages, they were entitled to the benefit of that +fund. + +{17} The story is told of two up-country Boers who applied to the + +President for appointments, and received the reply, 'What _can_ I +do for you? All the important offices are filled, and you are not +educated enough to be clerks!' + +{18} (July, 1899.) The law has been declared by the law officers +of the Crown to be a breach of the London Convention. + + + + +CHAPTER III. + +THE ORIGIN OF THE MOVEMENT. + + +Having failed in their constitutional attempts to secure a reasonable +voice in the government, or any redress of their grievances, there +came the time when men's thoughts naturally turned to the last +expedient--force. Up to and so late as the Volksraad Session of 1895 +a constitutional agitation for rights had been carried on by the +Transvaal National Union, a body representing the unenfranchised +portion of the population. Of its members but few belonged to the +class of wealthy mine and land owners: they had so far abstained from +taking any part in a political organization which was viewed with +dislike and suspicion by the Government and the great majority of the +Boers. It has been asserted by a few Progressive members of the Raad +that many of the Boers were themselves opposed to the policy adopted +towards the newcomers; but, whilst this may be to some extent true, +it is more than questionable whether any of the burghers were willing +to concede a share in the power of government, although it is certain +that great numbers would not have taken active steps against the +Uitlanders but for the invasion by a foreign force. Any extending of +the franchise means to the great majority of the Boers a +proportionate loss of independence. + +When the matter of the Independence of the Republic is discussed it +must not be forgotten that independence conveys something to the +Boers which is radically different from what it means to anyone else. +That the State should continue for ever to be independent and +prosperous--a true republic--would be mockery heaped on injury if the +absolute domination by the Boer party should cease; and when the +parrot-like cry of 'The Independence of the State is threatened' is +raised again and again _a propos_ of the most trivial measures and +incidents, this idea is the one that prompts it. Instances +innumerable could be quoted seemingly illustrating the Boer +legislators' inability to distinguish between simple measures of +reform and justice, and measures aimed at undermining the State's +stability and independence. It is not stupidity! It is that the Boer +realizes at least one of the inevitable consequences of reform--that +the ignorant and incapable must go under. Reform is the death-knell +of his oligarchy, and therefore a danger to the independence of the +State--as he sees it. Until the European people who have lately +become so deeply concerned in Transvaal affairs realize how widely +divergent are the two interpretations of 'Independence,' they will +not have begun to understand the Transvaal Question. + +The National Union did not represent any particular class in the +Uitlander community. It was formed of men drawn from all classes who +felt that the conditions of life were becoming intolerable, and that +something would have to be done by the community to bring about +reforms which the legislature showed no signs of voluntarily +introducing. + +When it is said that it consisted of men drawn from all classes, the +qualification should be made that the richer classes, that is to say, +the capitalists of the country, were very meagrely if at all +represented. Many efforts had been made to enlist the sympathies of +the capitalists, and to draw them into the movement, but the 'big +firms,' as they were styled, for a very long time refused to take any +part whatever, preferring to abstain entirely rather than associate +themselves with a definite agitation. They pleaded, and no doubt +fairly, that in case of failure they with their vested interests +would be the ones to suffer, while in the event of success they would +not benefit in a greater degree than the individuals who had little +or no material stake. One by one however they were drawn into the +political movement to the extent of supplying funds for carrying on +the reform agitation, or of giving monetary support to those who were +stimulating and organizing the Progressive party among the Boers. +There can be no doubt that prior to 1895 the wealthier men without +exception refused to consider the possibility of violent measures. +It was only when they realized that the Boer party were determinedly +hostile--organizing very large encroachments upon the privileges of +the Uitlanders and designing fresh burdens to be borne by them--and +when it became clear that the dangers threatening as a result of +their own supine attitude were worse than any disfavour with which +they might be viewed on account of political action, that they began +to take an active part with others in the agitation for reform. It +was not until the Volksraad in the Session of 1895 revealed their +real policy and their fixed determination to effect no reform that +men began to talk of the possibility of revolutionary measures +becoming necessary. The subject once mooted was frequently discussed, +and once discussed became familiar; and the thing which a few months +before had been regarded as out of the bounds of possibility came to +be looked upon as a very probable contingency. The extraordinary boom +in shares, land, and all kinds of property, which lasted throughout +the year, no doubt operated against the maturing of this feeling, but +it nevertheless continued to grow. The most dissatisfied section of +the Rand was, naturally enough, that one which included the South +African Uitlander. These men, born in South Africa, or having spent +the best years of their lives there, felt extremely bitter against +the Boer Government, and were moved by feelings which were not in any +way connected with considerations of material gain. With them were +closely associated men of all nationalities who had determined to +make their homes in the Transvaal, and these formed the class which +has been disparagingly referred to as 'the political element,' but +which the experience of every country shows to be the backbone of a +nation. They were in fact the men who meant to have a hand in the +future of South Africa. After them came the much larger class whose +interest in the reforms was based mainly upon the fact that they +suffered from the abuses and over-taxation of the Government. + +For several years a very strong feeling against the capitalists had +ruled in Johannesburg. Men who thoroughly knew the Boer had +prophesied and continued throughout to prophesy that absolutely +nothing would be done to improve the conditions, and that the +capitalists might as well throw in their lot with the general public +early in the day as be forced to do so later, after spending their +thousands in fruitless efforts for reform, and after committing +themselves to a policy which would be regarded as selfish, +pusillanimous, and foolish. The moneyed men no doubt occupied a very +prominent and powerful position. They were constantly besought by +the Reform leaders to side with them; they were looked to by the +Progressive Party in the Boer camp to aid reform by peaceful measures +only, to exercise all their influence towards preventing rash or +violent measures being taken by the more excited party, and to trust +to time and patience to achieve those results which they were all +honestly desirous of bringing about; and they were approached, as has +been stated, by the President and his party when moments of danger +arrived, and when it was felt that their influence could be used +towards the preservation of peace,--as witness the Loch incident. + +'It is no crime to be a capitalist,' said one commentator on the late +events, and neither is it necessary to attribute to this section of +the community motives of patriotism to justify their association with +the Reform movement. It is not intended to suggest that the men who +did associate themselves eventually with it were not moved by any +higher consideration than that of protecting their interests--in many +cases a far larger view than this was taken; but it may be +asked,--assuming that the capitalists were not moved by higher +considerations,--What is there in their position which should debar +them from endeavouring to introduce the reforms which would benefit +them only equally with every other honest man in the community? + +Most of the wealthy houses in the Transvaal are either offshoots of +or have supporting connections with firms in England or on the +Continent. Between them and their principals much correspondence had +taken place on the political situation. As far as these houses were +concerned, it was impossible for them to enter upon any movement +without the consent of their European associates. For this reason the +Reform movement, as it eventually took place, has in some ways +the appearance of and has very frequently been stigmatized as an +organization planned and promoted outside the Transvaal. The fact is +that Mr. Alfred Beit, of the firm of Wernher, Beit and Co., London, +and Mr. Cecil Rhodes, managing director of the Consolidated +Goldfields, may be regarded as the chiefs to whom the ultimate +decision as to whether it was necessary from the capitalistic point +of view to resort to extreme measures was necessarily left. Each of +these gentlemen controls in person and through his business +associates many millions of money invested in the Transvaal; each of +them was, of course, a heavy sufferer under the existing conditions +affecting the mining industry, and each, as a business man, must +have been desirous of reform in the administration. Mr. Beit acted +in concert with Mr. Lionel Phillips, of H. Eckstein and Co., the +Johannesburg representatives of Wernher, Beit and Co. Mr. Rhodes was +represented by his brother, Colonel Francis Rhodes, and Mr. J.H. +Hammond, of the Consolidated Goldfields Company in Johannesburg. Mr. +George Farrar, another very large mine-owner, who joined a little +later than the others, with the gentlemen above named, may be +considered to have represented the capitalist element in the earlier +stages of the Reform movement. The other elements were represented by +Mr. Charles Leonard, the chairman of the National Union, and one or +two other prominent members of that body. + +It is impossible to say with whom the idea of the movement, including +the arrangement with Dr. Jameson, originated. Perhaps it germinated +when Dr. Jameson read the life of Clive! Probably it was the result +of discussion, and no one man's idea. At any rate arms and ammunition +were purchased, and arrangements were made by which they should be +smuggled into the country concealed in machinery or gold-mining +appliances. During the month of November Messrs. Leonard and Phillips +went to Capetown to see Mr. Rhodes, in order to assure themselves +finally as to the course which was to be pursued. The position of Mr. +Rhodes in the matter was recognised by them to be a difficult one. +Whilst as the managing director of the Consolidated Goldfields he +had as much right as any other man interested in the Transvaal +would have to concern himself in a movement of this nature, his right +to act in his capacity of managing director of the Chartered Company +would depend entirely on the nature of the part which he professed +to play; but his position as Prime Minister of the Colony made the +already difficult position much more complicated. Realizing this, +Messrs. Leonard and Phillips acting on behalf of the others +determined to have a perfectly clear understanding and to ascertain +from Mr. Rhodes definitely what were his objects in associating +himself with the movement. The matter was discussed at Mr. Rhodes' +house, and the report given by the two deputies to their colleagues +on their return was that Mr. Rhodes frankly admitted that he had two +objects in view: one was to obtain an amelioration of the conditions +such as he was entitled to claim as representing an enormous amount +of capital invested in the Transvaal; the other object is best +described by Mr. Leonard. 'We read to him,' said that gentleman when +reporting to his comrades the result of his visit, 'the draft of our +declaration of rights. He was leaning against the mantelpiece smoking +a cigarette, and when it came to that part of the document in which +we refer to Free Trade in South African products he turned round +suddenly, and said: "That is what I want. That is all I ask of you. +The rest will come in time. We must have a beginning, and that will +be the beginning. If you people get your rights, the Customs Union, +Railway Convention, and other things will all come in time." He then +added that we must take our own time about this movement, and that he +would keep Jameson on the frontier as long as it was necessary as a +moral support, and also to come to our assistance should we get +ourselves into a tight place. We asked him how he hoped to recoup +himself for his share of the expense in keeping Jameson's force on +the border, which should be borne by us jointly. He said that seeing +the extent of his interests in the country, he would be amply repaid +by the improvement in the conditions which it was intended to +effect.' + +It has since been suggested that the object of the movement was to +'steal the country' and to annex it to Rhodesia, in order to +rehabilitate the Chartered Company. The suggestion is too ludicrous +for serious discussion. It must be obvious to anyone that the +persons most concerned in the movement, and whose interests lay in +the Rand, would be the very last to consent to any such scheme. There +appears to be no conceivable basis upon which such an arrangement +could have been entered into, and it is quite clear that no sensible +business man having interests in a rich country in a comparatively +advanced state of development would consent to share that certainty +with a new country such as Rhodesia, the value of which, however +promising, has still to be proved. Notwithstanding the ludicrous +nature of the charge, it is quite certain that the Boers have a +deep-rooted conviction of its truth. + +The arrangements with Dr. Jameson were made with him in person. +During the month of September he visited Johannesburg, and it was +then agreed that he should maintain a force of some 1,500 mounted men +fully equipped, a number of Maxims, and some field artillery; that he +was, in addition to this, to have with him 1,500 spare rifles and a +quantity of spare ammunition; and that about 5,000 rifles, three +Maxim guns, and 1,000,000 rounds of ammunition were to be smuggled +into Johannesburg. It was calculated that in the town itself there +would be, perhaps, 1,000 rifles privately owned. Thus, in the event +of a junction of forces being effected, Johannesburg would be able to +command about 9,000 armed men, with a fair equipment of machine-guns +and cannon. Nor was this all, for on the original plan it was +intended to seize the fort and magazines at Pretoria. And +circumstances favoured the plans of the Johannesburg men. The +surrounding wall of the fort, a mere barrack, had been removed on one +side in order to effect some additions; there were only about 100 men +stationed there, and all except half a dozen could be counted on as +being asleep after 9 p.m. There never was a simpler sensational task +in the world than that of seizing the Pretoria fort--fifty men could +have done it. But there was more to be done than the mere taking. In +the fort there were known to be some 10,000 rifles, ten or twelve +field-pieces, and 12,000,000 rounds of small-arm ammunition; and it +was designed to seize the fort and the railway on the night of the +outbreak and, by means of one or two trains, to carry off as much of +the material as possible and destroy the rest. + +Association with Dr. Jameson as the leader of an invading force is +the one portion of their programme which the Reform leaders find it +extremely difficult to justify. As long as the movement was confined +to the Uitlanders resident in the Transvaal the sympathy of South +Africa and indeed of the world was with them. It was the alliance +with the foreign invader which forfeited that sympathy. That the +eventual intention of the Reformers was only to call upon Dr. Jameson +in case they found themselves attacked by and unable to cope with the +Boers is a fact, but it is only fair to Dr. Jameson to note that this +was a modification of the original arrangement by which both forces +were to act simultaneously and in concert,--when the signal should be +given from Johannesburg. + +On the occasion of Dr. Jameson's second visit to Johannesburg, +towards the end of November, the following letter of invitation was +written and handed to him: + +_To Dr. Jameson._ + + JOHANNESBURG.{19} + +DEAR SIR, + +The position of matters in this State has become so critical that we +are assured that at no distant period there will be a conflict +between the Government and the Uitlander population. It is scarcely +necessary for us to recapitulate what is now matter of history; +suffice it to say that the position of thousands of Englishmen and +others is rapidly becoming intolerable. Not satisfied with making the +Uitlander population pay virtually the whole of the revenue of the +country while denying them representation, the policy of the +Government has been steadily to encroach upon the liberty of the +subject, and to undermine the security for property to such an extent +as to cause a very deep-seated sense of discontent and danger. A +foreign corporation of Hollanders is to a considerable extent +controlling our destinies, and in conjunction with the Boer leaders +endeavouring to cast them in a mould which is wholly foreign to the +genius of the people. Every public act betrays the most positive +hostility, not only to everything English, but to the neighbouring +States. + +Well in short the internal policy of the Government is such as to +have roused into antagonism to it, not only practically the whole +body of Uitlanders but a large number of the Boers; while its +external policy has exasperated the neighbouring States, causing the +possibility of great danger to the peace and independence of this +Republic. Public feeling is in a condition of smouldering discontent. +All the petitions of the people have been refused with a greater or +less degree of contempt; and in the debate on the Franchise petition, +signed by nearly 40,000 people, one member challenged the +Uitlanders to fight for the rights they asked for, and not a single +member spoke against him. Not to go into details, we may say that the +Government has called into existence all the elements necessary for +armed conflict. The one desire of the people here is for fair play, +the maintenance of their independence, and the preservation of +those public liberties without which life is not worth living. The +Government denies these things, and violates the national sense of +Englishmen at every turn. + +What we have to consider is, What will be the condition of things +here in the event of a conflict? Thousands of unarmed men, women and +children of our race will be at the mercy of well-armed Boers, while +property of enormous value will be in the greatest peril. We cannot +contemplate the future without the gravest apprehensions. All feel +that we are justified in taking any steps to prevent the shedding of +blood, and to insure the protection of our rights. + +It is under these circumstances that we feel constrained to call upon +you to come to our aid,{20} should a disturbance arise here. The +circumstances are so extreme that we cannot but believe that you and +the men under you will not fail to come to the rescue of people who +will be so situated. We guarantee any expense that may reasonably be +incurred by you in helping us, and ask you to believe that nothing +but the sternest necessity has prompted this appeal. + + CHARLES LEONARD. + LIONEL PHILLIPS. + FRANCIS RHODES. + JOHN HAYS HAMMOND. + GEORGE FARRAR. + +The letter was drafted by Mr. Charles Leonard, and was signed then by +four out of the five signatories, the fifth signature being added +some weeks later in Cape Town. It was not dated, and was to be used +only privately and in case of necessity for the purpose of excusing +Dr. Jameson to the directors of the Chartered Company and the +Imperial authorities in the course which it was intended to take. + +Various plans were discussed, and even dates were provisionally +arranged. The first arrangement agreed to was that Dr. Jameson should +start two days before the intended outbreak in Johannesburg. This +was agreed to for the time being, but subsequent discussion convinced +the leaders that there were the gravest objections to such a course, +and it was therefore decided that Dr. Jameson should be notified +to start from his camp on the same night as the outbreak in +Johannesburg. The dates of December 28 and January 4 were in turn +provisionally decided upon, but the primary condition of these +arrangements was that under no circumstances should Dr. Jameson move +without receiving the word from the Johannesburg party. + +With reference to the question of going out to meet Dr. Jameson or +giving him assistance, the only thing that was discussed was that an +officers' patrol should be sent out to meet him, to escort him to his +camp. There was no doubt entertained as to the ability of Dr. Jameson +and the force which it was believed he would command to come in +without assistance or the arrangement would never have been made. The +idea of the association with him was, of course, that he should +assist the Reformers--not they assist him; and the proposal regarding +the officers' patrol was one to which he only consented after +scouting the notion of any co-operation. + +During the weeks which followed the conclusion of the arrangement +considerable dissatisfaction was felt at the very slow progress made +in obtaining arms. The number originally agreed to was deemed to be +sufficient but no more; and when it was first found that it would not +be possible to obtain this number but that a few hundreds less would +have to be accepted, doubts were freely expressed as to the wisdom of +proceeding until a sufficient supply had been obtained. When on two +subsequent occasions it was again notified that still a few hundred +less would have to be accepted, some members of the Reform Party were +very emphatic in their objections to proceeding any further until +they should be satisfied that the undertakings upon the strength of +which they had entered upon the arrangement would be faithfully +adhered to. On the occasion of Dr. Jameson's last visit it had been +extracted from him that instead of 1,500 men he would probably start +with from 800 to 1,000. These discrepancies and alterations caused +the liveliest dissatisfaction in the minds of those who realized +that they were entering upon a very serious undertaking; but although +the equipment seemed poor, reliance was always placed on the taking +of Pretoria Fort. That at any rate was a certainty, and it would +settle the whole thing without a blow; for Johannesburg would have +everything, and the Boers would have rifles, but neither ammunition +nor field-guns. Without doubt the Pretoria arsenal was the key of the +position, and it is admitted by Boer and alien alike that it lay +there unguarded, ready to be picked up, and that nothing in the world +could have saved it--except what did! + +On or about December 19, Messrs. Woolls-Sampson and A. Bailey, two +Johannesburg men concerned in the movement, who had been in +communication with Mr. Rhodes and others in Cape Town, arrived in +Johannesburg, and indicated clearly that the question as to which +flag was to be raised was either deemed to be a relatively +unimportant one or one concerning which some of the parties had not +clearly and honestly expressed their intentions. In simple truth, it +appeared to be the case that Dr. Jameson either thought that the +Johannesburg reformers were quite indifferent on the subject of the +flag, or assumed that the provisions for the maintenance of the +Transvaal flag were merely talk, and that the Union Jack would be +hoisted at once. Nothing was further from the truth. The Reform Party +in Johannesburg included men to whom the Union Jack is as dear as +their own heart's blood, but it also included many others to whom +that flag does not appeal--men of other nationalities and other +associations and other sympathies. It included--perhaps the strongest +element of all--those men whose sympathies were naturally and most +strongly all for British rule, which they believed to be the best in +the world, but whose judgment showed them that to proclaim that rule +would be to defeat the very objects they honestly had in view, and +who would have regarded the change of flag at the last moment as an +unprincipled deception of those comrades who had been induced to +co-operate for reform and not for annexation. It had been repeatedly +and emphatically stated that the object was not to deprive the Boer +of his independence or the State of its autonomy, but to alter the +system of government in such a way as, first to obtain betterment of +the economic conditions which affect everyone, and afterwards to +induce a policy more in accordance with the general South African +sentiment--in fact to get the Transvaal into line with the other +South African States, in the same way for instance as the Free State +had shown itself disposed to go. It is but poor work explaining +failure, yet it must surely be permissible that something should +be said for those who alone have had no hearing yet. And it is in +the minds of the Reformers that the professions of their 'real +intentions' regarding the flag made by Dr. Jameson and Mr. Rhodes +might appropriately have been made before the raid, instead of +afterwards when all was over. The regard for definite pledges, which +in the Reformers was described as merely an excuse for backing out, +would, if it had been observed by all, have made a sickening fiasco +impossible. + +No sooner had a doubt been raised on the subject of the flag than a +trusted emissary was despatched to inquire from Mr. Rhodes the +meaning of this tampering with one of the fundamental conditions of +the agreement. The messenger returned on Christmas morning, and at a +largely-attended meeting of the ringleaders stated that he had seen +Mr. Rhodes, and had received from him the assurance that it was all +right about the flag: no question or doubt had been raised on the +subject. In returning to Capetown however in company with Dr. +Rutherfoord Harris, he learned from that gentleman that it was by no +means all right, and gathered that it was assumed that the provision +about maintaining the Transvaal flag was so much talk necessary to +secure the adhesion of some doubtful people. The announcement was +received with the gravest dissatisfaction. Several of the leading men +stated emphatically that nothing would induce them to take part in +the movement unless the original arrangement was loyally adhered to. +In consequence of this it was resolved to despatch Messrs. Charles +Leonard and F.H. Hamilton to see Mr. Rhodes and to obtain from him a +definite guarantee that in the event of their availing themselves of +Dr. Jameson's help under any conditions the latter would abide by the +arrangements agreed upon. + +It was then thought that a week would be sufficient time in which to +clear up the flag question and complete preparations. It was +decided to call a big public meeting for the night of Monday, January +6, not with the intention of holding the meeting, but as a blind to +cover the simultaneous rising in Johannesburg and seizing of the +arsenal in Pretoria on the night of Saturday, January 4. With this in +mind it was arranged to publish, in the form of a manifesto,{21} the +address which Mr. Charles Leonard had prepared for the meeting. + +Among the Reformers there had always been a considerable section who +regarded the alliance or arrangement with Dr. Jameson as a very +doubtful advantage. It was this section which strongly and +successfully opposed the suggestion that he should start before an +actual outbreak. The difference of opinion was not such as to cause +division in the ranks, but yet sufficient to keep alive discussion as +to how the common aim could be achieved without risk of the +complications which external aid in the initial stages would be sure +to cause. To this feeling of doubt was added a sense of distrust when +Dr. Jameson's importunity and impatience became known; and when the +question of the flag was raised there were few, if any, among those +concerned in the movement who did not feel that the tail was trying +to wag the dog. The feeling was so strong that many were prepared to +abandon the whole scheme and start _de novo_ rather than continue an +undertaking in which it looked as though they were being fooled. +Hence the despatch of Messrs. Leonard and Hamilton on Christmas Day. + +Confidence in their power to control Dr. Jameson and direct the +movement, as they considered they had the right and ability to do, +had been so shaken in the reformers that as soon as Messrs. Leonard +and Hamilton had been sent they began to discuss a complete change of +plans, and awaited only the reply from Capetown before taking the +first steps in the prosecution of the new programme. The plan most +favoured was that the importation and distribution of arms should be +continued as speedily and as secretly as possible, that, instead of +an invading force, as many armed and trained men as could be obtained +should be brought in, nominally as mechanics or men seeking +employment on the mines, that the public meeting called for +January 6 should be held and made as large and demonstrative as +possible, and a demand made to the Volksraad to grant the redress of +the grievances complained of, and, failing reasonable concessions, +that they should rise in arms and at the same time appeal to England, +as the paramount Power, or to the other South African Governments, +to mediate and so avert civil war. It was believed, and with much +reason, that the Boers, knowing, as they then inevitably would, that +a considerable quantity of arms and ammunition had been smuggled in, +and knowing also that the sentiment of South Africa, including the +Free State, was all in favour of considerable concessions to the +Uitlanders, would have hesitated to take the initiative against +Johannesburg, and would either have yielded to the pressure of the +general South African opinion and have accepted the mediation of the +High Commissioner, or would have offered considerable reforms. The +Kruger party, it was well known, would proceed to any extreme rather +than concede anything to the Uitlanders; but at that time the +majority of the Boers were opposed to the Kruger policy of favouring +the Hollanders and Germans to the exclusion of all other Uitlanders, +and this majority would not have consented to measures calculated to +embroil them with the people who had made their country prosperous, +and even to imperil the very existence of the State, whilst an +alternative course so easy as the one presented lay open to them. + +On the day following the despatch of Messrs. Leonard and Hamilton to +Capetown it was decided to send messengers to Dr. Jameson to +emphatically prohibit any movement on his part, also to explain to +him the position of affairs in Johannesburg with reference to the +flag, and above all to impress upon him the condition of +unpreparedness. Major Heany was sent by train via Kimberley, and in +order to facilitate his travelling a telegram was sent to Mr. Rhodes +in Capetown asking him to arrange for a special train, and +acquainting him with the purpose of the trip. Captain Holden was sent +on horseback across country to Pitsani. Both gentlemen carried the +most definite instructions to Dr. Jameson on no account to move. Both +gentlemen have since stated that they delivered the messages in +word and in spirit absolutely as they were given to them in +Johannesburg, and that they carried no private messages whatever from +any individual member of the Committee in any way conflicting with +the purport of the official message with which they were charged. + +On the Thursday, Friday, and Saturday telegrams and messages were +received from Dr. Jameson, all revealing impatience and a desire if +not an intention to disregard the wishes of the Johannesburg people. +Replies were sent to him and to the Capetown agents protesting +against the tone adopted, urging him to desist from the endeavour to +rush the Johannesburg people as they were pushing matters on to the +best of their ability and hoped for a successful issue without +recourse to violent measures, and stating emphatically that the +decision must be left entirely in the hands of Johannesburg as +agreed, otherwise there would be certain disaster. Besides what would +be regarded as the official expressions and messages of the +Johannesburg people, several individual members of the party +telegraphed to Dr. Jameson informing him of the position and adding +their personal advice and testimony. The probability of achieving +success without firing a shot was referred to in the sense of a most +satisfactory prospect. It did not occur to any one among the +Johannesburg party that it was this prospect that moved Dr. Jameson +to start. That idea is of later birth. + +On Sunday morning, at about ten o'clock, two telegrams of importance +were received. The first was from Messrs. Hamilton and Leonard, to +the following effect: 'We have received perfectly satisfactory +assurance from Cecil Rhodes, but a misunderstanding undoubtedly +exists elsewhere. In our opinion, continue preparations, but +carefully, and without any sort of hurry, as entirely fresh departure +will be necessary. In view of changed condition Jameson has been +advised accordingly.' Portions of this message were in code. It left +Capetown at 2.20 p.m. on Saturday, the 28th, and was received on +Sunday at about ten o'clock. The second telegram was one from Dr. +Jameson to his brother, Mr. S.W. Jameson, and had been despatched at +about the same time. It was in the Bedford-McNeil Code, and was much +mutilated--so much so that it was thought to have been purposely +done in the telegraph office in order to obscure the meaning. One +expression was clear, however, and that was: 'I shall start without +fail to-morrow night.' It concluded with the words: 'Inform Dr. +Wolff--distant cutting. He will understand.' + +The words 'distant cutting' did not occur in any code-book. Dr. +Jameson states that they were words privately agreed upon between him +and Dr. Wolff. The telegram was shown to Dr. Wolff as soon as he +could be found, but he declared himself unable to throw any light +whatever upon it. It was however clear from the message that on +Saturday afternoon it had been Dr. Jameson's intention to disregard +the wishes of the Committee, and to start on Sunday night, and the +telegram impressed the recipients more than ever with the wisdom of +their action in sending the messengers to Capetown and to Pitsani to +insist upon no further steps being taken. It is of little consequence +what the words 'distant cutting' really meant, or whether they were, +or should have been, understood by any of the parties. Major Heany +and Captain Holden, it was known, could not have reached Dr. Jameson +at the time the message was despatched, and therefore no more +importance was attached to this than to the other impatient +telegrams. + +It was assumed that, on receiving the emphatic messages sent through +Major Heany and Captain Holden, Dr. Jameson would realize the +seriousness of the position, and would, in fact, abide by the +arrangements made with him. Nor was this all. It was also clear that +the telegram of Mr. Rhodes to which it was inferred reference was +made in the concluding words of Messrs. Hamilton's and Leonard's +wire--'Jameson has been advised accordingly'--could not have reached +Dr. Jameson at the time his telegram to his brother was despatched. +It was part of the instructions to Messrs. Hamilton and Leonard that +any communications which they might desire to make to Dr. Jameson +should pass through Mr. Cecil Rhodes in order to ensure due regard +being paid to them. There was therefore no doubt in the minds of the +Johannesburg men that during Saturday afternoon--that is to say, more +than twenty-four hours before he proposed moving--he must have +received a wire forbidding him to move. + +The facts here given were sufficient to warrant the belief that all +that was necessary had been done to prevent any movement. But more +reassuring than all precautions was the conviction that Dr. Jameson, +no matter how much he might 'bluff' in order to force immediate +action, would never be guilty of so gross a breach of faith as to +start in defiance of the wishes of the Johannesburg people. Extreme +dissatisfaction of course prevailed in the minds of a good many when +they learned of the efforts made by him to force their hands, and +this feeling was intensified by the report brought in by Dr. Wolff, +who had just returned from seeing Dr. Jameson at Pitsani. Dr. Wolff +had arrived at Pitsani on the previous Tuesday, and was then greeted +by Dr. Jameson with the remark that he had 'as nearly as possible +started for Pretoria last night.' It was felt that this might appear +to be a very fine and dashing thing for a party of men well armed and +trained and able to take care of themselves, but that it betrayed +great indifference to his pledges, as well as to the fate of his +associates, who as he knew perfectly well had not even the arms to +defend themselves from the consequences of any precipitate action on +his part, and who had moreover the responsibility for the control and +protection of unarmed Johannesburg. + +The feeling among the Reformers on Sunday, the 29th, was one of +considerable relief at having found out in time the intention of +their reckless colleague, and at having taken the necessary steps to +control him. Secure in the belief that the messages from Capetown had +duly reached Dr. Jameson, and that either Major Heany or Captain +Holden had by that time also reached him, and that in the future the +management of their affairs would be left in their own hands, they +continued during Sunday and Monday, the 29th and 30th, to arrange +plans on the basis before indicated, awaiting in the meantime further +communications from Messrs. Hamilton and Leonard. + +In the meanwhile it became generally known in Johannesburg that some +movement was afoot, and suppressed excitement and expectancy became +everywhere manifest. On Saturday, December 28, the President returned +from his annual tour through certain of the outlying districts. On +his journey he was met by a number of burghers at Bronkhorst +Spruit, the scene of the battle in the War of Independence, about +twenty miles from Pretoria. One of the burghers, an old Boer named +Hans Botha, who was the opponent of Mr. Woolls-Sampson in the 'duel' +at the battle of Zwartkoppies, in addressing the President, said that +he had heard that there was some talk of a rising in Johannesburg, +and added that although he had many bullets in him (It is stated that +he still has five!), he could find room for more if it was a question +of tackling the Britishers. The President replied that he had heard +of the threatened rising, and did not believe it: he could not say +what was likely to happen, but they must remember this--if they +wanted to kill a tortoise they must wait until he put his head out of +the shell. + +In an interview with a representative of the press immediately after +this the President said that the position was full of gravity and +might lead to disagreeable consequences, especially to the mining +industry and commercial enterprise generally; but he was still +confident that common-sense would prevail in Johannesburg, and +expressed the conviction that the law-abiding portion of the +community, which included the greater part of the English and other +nationalities, would support all measures for the preservation of law +and order. He said that his endeavours hitherto to secure concessions +for the Uitlander population had been frustrated by the public +utterances and actions of irresponsible and unscrupulous agitators +whose methods had often a detrimental effect on the Volksraad and on +the burghers throughout the Republic. The first commotion created was +by the flag incident some years before (1890), which caused a great +shock to confidence; another sinister incident was the refusal of a +portion of the British community to serve their adopted country in +the Malaboch War, when the union of Boer and Briton against the +common enemy was nearly brought about. 'If wiser counsels +unfortunately should not prevail,' the President continued, 'then let +the storm arise, and the wind thereof will separate the chaff from +the grain. The Government will give every opportunity for free speech +and free ventilation of grievances, but it is fully prepared to put a +stop to any movement made for the upsetting of law and order.' + +On the same day the President was interviewed by a deputation of +Americans from Johannesburg. They were men of the highest position +and influence in the community and were earnestly desirous of +securing reforms, but they were impressed with the idea that peaceful +means had not yet been exhausted and that the President and his +Executive would listen to reason if they were convinced that serious +consequences would follow the neglect to reform. The President +received them civilly, as he often does when he has a strong hand to +play: it is generally when his cards are poor that he gives way to +the paroxysms of rage and indulges in the personal abuse and violent +behaviour which have earned for him so unenviable a reputation. He +listened to all that had been advanced by the deputation, and then +said that 'it was no time to talk when danger was at hand. That was +the time for action.' The deputation represented to him that there +was no danger at hand unless the President by his own act +precipitated matters and caused the trouble himself, that matters +were completely in his hands, and that if he would deal with the +people in a liberal and statesmanlike way and grant the reforms which +were universally acknowledged to be necessary there would not be +anywhere in the world a more law-abiding and loyal community than +that of Johannesburg. The President answered merely by the question: +'If a crisis should occur, on which side shall I find the Americans?' +The answer was, 'On the side of liberty and good government.' The +President replied, 'You are all alike, tarred with the same brush; +you are British in your hearts.' + +In reply to another deputation, representing a section of the +community which was not by any means at one with the reformers, but +the leading members of which still urged the necessity for reforms, +the President said, 'Either you are with me in the last extremity or +you are with the enemy; choose which course you will adopt. Call a +meeting to repudiate the Manifesto in its entirety, or there is final +rupture between us.' The gentlemen addressed declared emphatically +that on the Manifesto there could be no retreat. On that Johannesburg +was absolutely at one. The President replied, 'Then, I shall know how +to deal with Johannesburg,' and left the room. + +The various business associations of Johannesburg and Pretoria +approached the President at different hours in these threatening +times, and did all that was possible to induce him to make reasonable +concessions. Although numbers of his followers and counsellors were +strongly in favour of doing something to avert the coming storm, the +President himself seemed inclined to fight until the last ditch was +reached rather than concede anything. In reply to the Mercantile +Association he said that he was quite willing to give the franchise, +but that it would be to those who were really worthy of it--those for +instance who rallied round the Government in this crisis and took +no part in the mischievous agitation and clamouring for so-called +reforms: all malcontents should be excluded. In fact he made it +perfectly plain that the franchise would be treated as a huge bribery +fund; and he himself was introducing the thin end of the wedge in +the suggestion made to the Association with a view to splitting +up the Reform Party in Johannesburg. He however added that the +special duties on food-stuffs would be immediately removed pending +confirmation by the Volksraad, that equal subsidies would be granted +to Dutch and English schools alike, and that the Netherlands Railway +Company would be approached with a view to having the tariffs +reduced. The effect of this was however slightly marred by the +concluding sentence in which he stated that 'as he had kept his +former promises, so he would do his best to keep this.' + +In reply to a second deputation of Americans, the President in a +moment of irritation said that it was impossible to grant the +franchise to the Uitlander--American, British, or other; he would +lose his power if he did; the Government would no longer be his. A +member of the deputation said, 'Surely, if we take the oath of +allegiance, you will trust us?' The President hesitated for a moment, +and then said, 'This is no time to talk about these things; I can +promise you nothing.' + + +Footnotes for Chapter III + +{19} The date of 20th December, 1895, was filled in by Dr. Jameson +when he decided to start and to publish the letter. + +{20} When this letter was published by Dr. Jameson and cabled to +the London _Times_ the sense of it was very gravely--but doubtless +unintentionally--altered by terminating this sentence with the word +'aid' and carrying the remaining words into the next sentence. + +(July, 1899.) At the Westminster inquiry it transpired that on +December 20 Mr. Rhodes instructed Dr. Harris to wire for a copy of +the letter. Dr. Jameson forwarded it after filling in that day's +date. On December 30, Dr. Harris, again acting on Mr. Rhodes' +instructions, telegraphed the letter to the _Times_, having altered +the date to 28th, and prefaced it with the statement that the letter +had been 'sent on Saturday (28) to Dr. Jameson, Mafeking.' + +{21} See Appendix I. for the full text of Manifesto. + + + + +CHAPTER IV. + +THE REFORM COMMITTEE. + + +On Monday morning Mr. S.W. Jameson (a brother of Dr. Jameson, who, +although suffering acutely from rheumatic fever, insisted on taking +his share of the work and worry during the days that followed) +received a telegram addressed to Dr. Wolff, in his care. The latter +being away on Monday Mr. Jameson translated the telegram and showed +it at once to as many of his comrades as he could find. It was from +Dr. Jameson, despatched from Pitsani at 9.5 a.m. on Sunday, and ran +as follows: 'Meet me as arranged before you left on Tuesday night +which will enable us to decide which is best destination. Make +Advocate Leonard speak--make cutting to-night without fail.' + +Every effort was made to find Dr. Wolff, but he--in common with +others--believing that there would be no move for a week, was away. +This telegram was, to say the least of it, disquieting. It showed, so +it was thought, that as late as Sunday morning Dr. Jameson could not +have received the countermands by Messrs. Heany and Holden, and it +indicated that it must have been a near thing stopping him before he +actually crossed the border. As a matter of fact Major Heany reached +Dr. Jameson at noon on Sunday; but Capt. Holden had arrived the night +before. + +Shortly after noon Mr. Abe Bailey received and showed to others a +telegram purporting to come from 'Godolphin,' Capetown, to the +following effect: 'The veterinary surgeon says the horses are now all +right; he started with them last night; will reach you on Wednesday; +he says he can back himself for seven hundred.' By the light of +subsequent events the telegram is easily interpreted, but as Mr. +Bailey said he could not even guess who 'Godolphin' might be, the +message remained a puzzle. That it had some reference to Dr. Jameson +was at once guessed, indeed Mr. Bailey would not have shown it to +others concerned in the movement did he not himself think so. The +importance and significance of the message entirely depended upon who +'Godolphin' was, and it afterwards transpired that the sender was Dr. +Rutherfoord Harris, who states that he took the first and safest +means of conveying the news that Dr. Jameson had actually started in +spite of all. Mysterious and unintelligible as it was the telegram +caused the greatest uneasiness among the few who saw it, for it +seemed to show that an unknown someone in Capetown was under the +impression that Dr. Jameson had started. The Reformers however still +rejected the idea that he would do anything so mad and preposterous, +and above all they were convinced that had he started they would not +be left to gather the fact from the ambiguous phrases of an unknown +person. + +All doubts however were set at rest when between four and half-past +four on Monday afternoon Mr. A.L. Lawley came hurriedly into the room +where several of the leaders were met, saying, 'It is all up, boys. +He has started in spite of everything. Read this!' and at the same +time throwing on the table the following telegram from Mafeking: 'The +contractor has started on the earthworks with seven hundred boys; +hopes to reach terminus on Wednesday.' + +The Reformers realized perfectly well the full significance of Dr. +Jameson's action; they realized that even if he succeeded in reaching +Johannesburg, he, by taking the initiative, seriously impaired the +justice of the Uitlanders' cause--indeed, put them hopelessly in the +wrong. Apart from the moral or political aspects of the question +there was the fact that, either through mistake or by fatuous +impulse, Dr. Jameson had plunged them into a crisis for which as he +knew they were insufficiently provided and prepared, and at the same +time destroyed the one chance--the one certainty--on which they had +always counted for arms and ammunition; by starting first he knocked +out the foundation of the whole scheme--he made the taking of the +Pretoria arsenal impossible. For a few minutes it was hoped that +the chance of taking the arsenal still remained; but while discussion +was still proceeding and several of those present were protesting +that the news could not be true (among them Mr. S.W. Jameson, who +stoutly maintained that his brother would never start in defiance of +his pledges), authentic news of the invasion was received from the +Government offices; and this was supplemented a few minutes later by +the information that the Government had known it at an early hour in +the morning, and that Pretoria was then full of armed burghers. The +position then appeared fairly desperate. + +It is worth noting that even when Dr. Jameson decided to start in +opposition to the Committee's wishes it was not deemed necessary to +treat them with the candour which they were entitled to expect from a +comrade. It is well known that Dr. Jameson never had 700 men, and +that he started with less than 500, and yet the Reformers were led to +understand from the telegrams above quoted that he was starting with +700, and not 800 as last promised. They were at first under the +impression that the 700 men did not include the Bechuanaland Border +Police who were to join him after starting, so that it was still +thought that he had over 800 men. + +Before five o'clock messengers had been sent out in all directions to +call together those who had interested themselves in the movement, or +as many of them as possible, for several prominent men knowing only +of the steps taken to prevent any movement on the part of Dr. +Jameson, were not at hand. As many as possible however gathered +together, and it was decided to take instant steps to put the town in +a state of defence. In order that the subsequent actions and attitude +of the Reform Committee may be properly understood it is necessary to +explain somewhat fully the position of affairs on this Monday +evening. + +As soon as it was realized that the news was beyond all doubt true +the bitterest censure was expressed upon Dr. Jameson's action, and it +was at first stated by many that either Dr. Jameson or Mr. Rhodes or +both had deliberately and for the furtherance of their personal aims +disregarded in treacherous and heartless fashion all their +agreements. Soon however a calmer view was taken, and a consideration +of all the circumstances induced the Reformers to believe that Dr. +Jameson had started in good faith, but under some misapprehension. +They recalled the various reports that had been in circulation in the +press about conflicts between the Boers and Uitlanders at the Simmer +and Jack and Jumpers mines, the reported arrest of Mr. Lionel +Phillips and the demand of L80,000 bail--rumours which had been +treated by those on the spot as too ridiculous to gain credence +anywhere, but which they nevertheless thought might have reached Dr. +Jameson in such guise as to induce him to take the step which he had +taken. It was assumed that the telegrams sent from Johannesburg and +Capetown to stop him had not reached him, and that Messrs. Heany and +Holden had also failed to catch him before he started. Opinions +however were still divided as to whether he had simply lost patience +and come in regardless of all consequences, or had been really misled +and had dashed in to the assistance of Johannesburg. The position was +at best one of horrible uncertainty, and divided as the Committee +were in their opinions as to his motive they could only give him the +benefit of the doubt and assume that there was behind his action no +personal aim and no deliberate disregard of his undertakings. In +order to realize the perplexity of the position it must be understood +that only the few who happened to meet on Sunday and Monday morning +knew of the telegrams which had passed during the previous +twenty-four hours, many did not know of them until Pretoria prison +gave them time to compare notes; to some they may be news even now. +There was no time to argue then! + +Knowing the poorness of the equipment of Johannesburg and the +unpreparedness of the place and its inhabitants the more logical and +cold-blooded course would have been to repudiate Dr. Jameson +instantly and to have left him to his fate; but against this was +firstly, the fact publicly admitted that he had remained on the +border by arrangement with the leaders in order to help them should +the necessity arise; next, that if he gave heed to the reports which +were being circulated he might have thought that the necessity had +arisen; and finally, that the leaders had taken such steps in the +smuggling in of arms and the arming of men as would warrant the +Boers, and indeed anybody else, in associating them with Dr. Jameson, +so that they might confidently expect to be attacked as accomplices +before the true facts could become known. They realized quite well +that they had a big responsibility to the unarmed population of +Johannesburg, and it was with the object of fulfilling that +obligation that they decided to arm as many men as possible and to +fortify and defend the place if attacked, but, in view of the +impossibility of aggressive measures being successful, to take no +initiative against the Boers. It would in any case have been entirely +useless to suggest the repudiation of Dr. Jameson at that moment. The +Johannesburg people would never have listened to such a suggestion, +nor could anyone have been found to make it. + +In view of the fact that the Reform Committee have been charged with +the crime of plunging the country into civil war with a miserable +equipment of less than 3,000 rifles, it is only fair to give some +heed to the conditions as they were at the time and to consider +whether any other course would have been practicable, and if +practicable, whether it would have been in the interests of any +considerable section of the community. To the Committee the course to +be taken seemed perfectly clear. They determined to defend and hold +the town. They threw off all disguise, got in all the arms they +possibly could, organized the various military corps, and made +arrangements for the maintenance of order in the town and on the +mines. Throughout Monday night all were engaged in getting in arms +and ammunition and doing all that could be done to enable the town to +hold its own against possible attack. + +During Monday night the Reform Committee came into existence. Those +who had so far taken a prominent part in the agitation had been for +convenience utilizing Colonel Rhodes' office in the Consolidated +Goldfields Company's building. Many prominent men came forward +voluntarily to associate themselves with the movement, and as the +numbers increased and work had to be apportioned it became evident +that some organization would be necessary. Those who had already +taken part in the movement formed themselves into a committee, and +many other prominent men joined immediately. The movement being an +entirely public one it was open for anyone to join provided he +could secure the approval of the already elected members. The body so +constituted was then called the Reform Committee. + +The following is the first notice of the Reform Committee as +published in the _Johannesburg Star_; and it indicates the position +taken up: + +Notice is hereby given that this Committee adheres to the National +Union manifesto, and reiterates its desire to maintain the +independence of the Republic. The fact that rumours are in course of +circulation to the effect that a force has crossed the Bechuanaland +border renders it necessary to take active steps for the defence of +Johannesburg and the preservation of order. The Committee earnestly +desires that the inhabitants should refrain from taking any action +which can be considered as an overt act of hostility against the +Government. + +Telegrams were sent to the High Commissioner and to the Premier of +Cape Colony informing them that owing to the starting of Dr. Jameson +with an armed force into the Transvaal Johannesburg had been placed +in a position of extreme peril which they were utterly unprepared to +guard against, and urging the High Commissioner to proceed +immediately to Johannesburg in order to settle matters and prevent a +civil war. + +Sub-committees were at once appointed, partly chosen from members of +the Reform Committee and partly from others who had interested +themselves in the movement and had come forward to take part but had +not actually joined the controlling body. The matters to be dealt +with were: The policing of the town; the control of the natives +thrown out of employment by the closing of the mines; the +arrangements for the defence of the town; the commissariat for the +men bearing arms and for others who were flocking into the town; the +providing for the women and children who had been brought in from the +mines and had neither food nor shelter. These matters were taken in +hand on Tuesday morning, and before nightfall some 2,000 men had been +supplied with arms; the Maxims had been brought in and placed in +position on the hills surrounding the town; various corps had been +formed; a commencement had been made in the throwing-up of earthworks +around the town; and food-supplies and such field equipment as could +be got together had been provided for the men. As regards the town, +the Government police having disappeared, it was necessary to take +energetic steps to prevent actual chaos reigning. Ex-Chief Detective +Trimble was appointed to organize a police force, and the work was +admirably done. Before nightfall the Reform Committee's police had +taken entire charge of the town, and from this time until the +withdrawal of the Committee's police after the laying down of arms, +perfect order was maintained--indeed, the town has never before or +since been so efficiently controlled as during this period. + +Numbers of the mines stopped work. In some cases the miners remained +to protect the companies' property; in other cases the men came in +and volunteered to carry arms in defence of the town. One of the most +serious difficulties with which the Committee had to deal was that of +supplying arms. There were under 3,000 rifles, and during the few +days when the excitement was at its highest no less than 20,000 men +came forward as volunteers and demanded to be armed. Not unnaturally +a great deal of feeling was roused among these men against the +Committee on account of their inability to arm them. It was believed +for a long time that the Committee was wholly responsible for the +incursion by Dr. Jameson; that they had precipitated matters without +regard to the safety of the unarmed population, and had actually +courted civil war with a paltry equipment of some 3,000 rifles. For +several days a huge crowd surrounded the Committee's offices +clamouring for guns. It is difficult to say what the feeling would +have been and what would have been done had it been known then that +there were less than 3,000 rifles. Not more than a dozen men knew the +actual number, and they decided to take the responsibility of +withholding this information, for they realized that panic and riot +might ensue if it were known, whilst the only hope for a successful +issue now lay in Johannesburg presenting a bold, confident, and +united front. + +All the well-known medical men in the town came forward at once, and +organized and equipped an ambulance corps which within the day was in +perfect working order. + +Perhaps the most arduous task of all was that of the Commissariat +Department, who were called upon to supply at a few hours' notice the +men bearing arms in various positions outside the town and the +various depots within the town which were organized for the relief +of those who had flocked in unprovided for. It would have been +impossible, except in a community where the great majority of men had +been trained by the nature of their own business in the habit of +organization, to cope with the difficulties which here presented +themselves, and it is impossible to pay too high tribute to those who +organized the relief of the women and children from the surrounding +districts. Not less than 2,000 women and children were housed and fed +on Tuesday night; offices were taken possession of in different parts +of the town and converted into barracks, where sleeping accommodation +was provided under excellent sanitary conditions; and abundance of +food, as good as could be expected at an ordinary hotel, was supplied +to these people who had come in expecting to sleep in the streets. + +In order to carry into effect the scheme of relief above referred to +it was found necessary to form what was called the Relief Committee. +A fund was opened to provide this Committee with the necessary means, +and members of the Reform Committee subscribed upwards of L80,000 +within a few minutes of the opening of the lists. + +The native liquor question also called for prompt and determined +handling. A deputation from the Committee called upon the Landdrost, +the official head of the Licensing Board, and requested the +co-operation of the Government in dealing with this matter, and an +order was obtained from him compulsorily closing the canteens until +further notice. Armed with this the officials appointed by the +Committee visited the various liquor-houses along the mines and gave +due notice, with the further warning that if any breach of the new +regulation took place it would be followed by the confiscation of the +entire stock of liquor. The measure generally had a very salutary +effect, but in the lowest quarters it was not sufficient. The +Committee had realized in the very beginning that nothing but the +removal of the liquor would prevent the Kaffir canteen-keepers from +supplying the natives with drink, and patrols were accordingly sent +out to seize the entire stock in those drinking-hells, to pay +compensation at value agreed upon, and to destroy the liquor. The +step was no doubt a high-handed one, and before it was taken notice +was given to the Government officials of the intention. The Committee +were warned that this action could not be authorized by Government, +as it was both high-handed and illegal, but they decided to take the +responsibility upon themselves. It is not too much to say that there +were fewer cases of drunkenness or violence reported during the +period of trouble than during any other fortnight in the history of +the place. + +The following proclamation had been issued by the President at a very +late hour on Monday night in Pretoria, and was received in +Johannesburg on Tuesday morning: + +PROCLAMATION BY HIS HONOUR THE STATE PRESIDENT OF THE SOUTH AFRICAN +REPUBLIC. + +Whereas it has appeared to the Government of the South African +Republic that there are rumours in circulation to the effect that +earnest endeavours are being made to endanger the public safety of +Johannesburg, and whereas the Government is convinced that, in case +such rumours may contain any truth, such endeavours can only emanate +from a small portion of the inhabitants, and that the greater portion +of the Johannesburg inhabitants are peaceful, and are prepared to +support the Government in its endeavours to maintain law and order, + +Now, know you that I, Stephanus Johannes Paulus Kruger, State +President of the South African Republic, with the advice and consent +of the Executive Council, according to Article 913 of its +minutes, dated the 30th of December, 1895, do hereby warn those +evil-intentioned persons (as I do hereby urge all such persons to do) +to remain within the pale of the law, and all such persons not +heeding this warning shall do so on their own responsibility; and I +do further make known that life and property shall be protected +against which attempts may be made, and that every peaceful +inhabitant of Johannesburg, of whatsoever nationality he may be, is +called upon to support me herein, and to assist the officials charged +therewith; and further be it made known that the Government is still +prepared to take into consideration all grievances that may be laid +before it in a proper manner, and to submit the same to the people of +the land without delay for treatment. + +The Government in Pretoria were no doubt perfectly well aware of all +that was going on; the Committee could not possibly observe any +secrecy, nor did it appear desirable, since the position taken up and +maintained by them to the end was that they were not responsible for +Dr. Jameson's incursion and were simply prepared to defend the town +against attack. + +During the four or five days preceding this the evidences of +excitement in Johannesburg had been unmistakable, and on Saturday +the 28th, the day before Dr. Jameson started, several prominent +officials and two or three members of the Volksraad visited +Johannesburg from Pretoria and openly discussed the seriousness +of the position. At that time they were strongly of opinion that +the Government had brought the trouble on themselves by their +wrong-headed and corrupt action. The visitors were men who although +officially associated with the Government were not at all in sympathy +with the policy of the Krugerite party, and they were sincerely +anxious for a peaceful settlement and desirous of liberal reforms, +but their influence with the Government was nil. Unfortunately it has +always been the case that intelligent and upright men associated with +the Pretoria Government (and there are some as bright examples as can +be found in any country) never have, and never will have, any weight +with the party now dominating the State. Their services are not used +as they might be, and their counsels are not regarded as they should +be in times when they would be of value; in fact, it would seem that +they are only used when it appears to Mr. Kruger and his party that +they present opportunities for playing upon the credulity of the +Uitlanders with whose progressive notions they are known to be in +sympathy. It is unnecessary to say that these gentlemen do not +consciously take part in the deception which is practised, but it is +nevertheless a fact that whenever the Pretoria clique desire to trail +the red herring they do it by the employment in seeming good faith of +one or other of those gentlemen whose character and sympathies +entitle them to the respect and confidence of the Uitlander. + +On Tuesday Mr. Eugene Marais, the editor of the leading Dutch paper +_Land en Volk_, a gentleman who has worked consistently and +honourably both for his people, the Transvaal Dutch, and for the +cause of pure and enlightened government, visited Johannesburg, being +convinced that there was serious trouble in store for the country +unless prompt and decisive steps were taken to remedy the conditions +under which the Rand community were suffering. No one in the country +has fought harder against the abuses which exist in Pretoria nor has +anyone risked more, nor yet is there a more loyal champion of the +Boer; and Mr. Marais, having on his own initiative investigated the +condition of affairs in Johannesburg and reported the result to some +of the leading members of the Government, telegraphed to a member +of the Committee on Tuesday morning beseeching that body to make a +strenuous effort to avert bloodshed, using the words, 'For God's +sake, let us meet and settle things like men!' and further stating +that he and Mr. Malan, son-in-law of General Joubert, were bringing +over a message from the Government, and that he hoped the Committee +would meet them in a reasonable spirit. + +A full meeting of the Committee was at once called to receive the two +delegates. The meeting took place at 9 p.m. and lasted until 12 p.m. +on Tuesday night. Mr. Marais's evidence during the course of the +trial detailed the events which led up to this meeting. He stated +that in consequence of what he had observed in Johannesburg on Monday +and Tuesday he returned to Pretoria, convinced that unless something +was done by Government to relieve the position there would most +inevitably be a civil war. He reported the condition of things to +General Joubert, who deemed it of sufficient importance to have the +matter brought before the Executive. Messrs. Marais and Malan were +thereupon received by the Executive and authorized to meet the Reform +Committee on behalf of the Government. With reference to the now +famous 'olive branch' phrase, Mr. Marais states that the expression +was first used by a member of the Committee in Johannesburg on +Tuesday morning. The condition of things was being discussed and this +member commented severely upon the action of the Government. Mr. +Marais urged that things were not so bad as to justify a determined +attempt to provoke civil war, and stated that he believed that the +excitement prevailing would convince the Government that they had now +gone too far and that when they realized the seriousness of the +position they would be willing to make proper concessions, and he +said in conclusion that the people of Johannesburg, if they were as +good as their professions and desired reform and not revolution, +would even at the eleventh hour be willing to meet the Government. +The member of the Reform Committee replied that this was undoubtedly +the attitude of the Johannesburg people, but that it was +absolutely useless to keep on patiently waiting for the fulfilment of +promises which were only made to be broken; that if Johannesburg had +any evidence that the Government meant honestly by them they would of +course treat and endeavour to avert bloodshed; that the Uitlanders +had so far always offered the olive branch and sought to establish +harmony. That however was all over, and let the Government now take +the first steps if they were in earnest. + +Mr. Marais reported the whole of this conversation to the Executive +Council and, upon his making use of the expression 'olive branch,' +the President exclaimed excitedly, 'What are they talking about? What +is an olive branch?' When this was explained to him he nodded and +said, 'Yes, that is what we will do,' and Mr. Wolmarans another +member of the Executive exclaimed, 'Go back to the Johannesburg +people and tell them that we have already offered the olive branch by +voluntarily withdrawing our police from the town in order to avoid +conflict, thus leaving them in entire possession. It is for them to +say whether they will accept it.' + +The meeting at which Messrs. Marais and Malan were commissioned to +negotiate with the Johannesburg people was, with the exception of +General Smit (then dying and since dead), attended by every member of +the Executive Council, and there is no truth in the suggestion made +on behalf of the Government that it was an informal meeting of a few +men who were not acting on behalf of the State, nor is there any +justification for the statement made by Judge Ameshof in the +witness-box that Messrs. Marais and Malan were not officially +authorized to negotiate with the Reform Committee. + +Messrs. Marais and Malan met the Reform Committee in the general +committee-room, and both gentlemen addressed the meeting several +times, going fully into the grievances complained of by the +Uitlanders and explaining very fully the position of the Government +and their attitude during the meeting of the Executive Council which +they had been called upon to attend. They stated that they had been +sent by a full meeting of the Executive to ask the Reform Committee +to send a deputation to Pretoria in order to meet a Commission to +be appointed by Government with a view to effecting a peaceful +settlement and the redress of grievances; that the Commission would +consist of Chief Justice Kotze, Judge Ameshof, and another, probably +a member of the Executive Council; that the Government were willing +to consider and redress the grievances, and were, above all things, +anxious to avoid conflict with their own subjects. + +Then came the much-quoted expression: 'We come in fact to offer you +the olive branch; it is for you to say if you will take it; if you +are sincere in your professions, you will.' A great deal of +discussion took place, many members of the Committee maintaining +that, although they placed full confidence in the gentlemen who had +been sent by Government, they were nevertheless convinced that there +was treachery at the bottom of it, and they stated in plain language +what has become more or less an article of faith with the Uitlander: +'Whenever the Government are earnestly intent upon deceiving us they +select emissaries in whose character and good faith we have complete +trust, and by deceiving them ensure that we shall be misled.' Both +gentlemen repeatedly assured the meeting that the Government were +most anxious to remove the causes of discontent, and stated moreover +that Johannesburg would get practically all that was asked for in the +Manifesto. When asked what was meant by 'practically all,' they +explained that there would be some minor points of course on which +Johannesburg would have to give way in order to meet the Government, +as their position was also a very difficult one, and there were in +particular two matters on which there would be some difficulty, but +by no means insurmountable. When asked if the two matters were the +removal of religious disabilities and the franchise, one of the two +gentlemen replied that he had been told that there would be some +difficulty on these two points, but that they were quite open to +discussion as to the details and he was convinced that there would +surely be a means of coming to an understanding by compromise even on +these two. Messrs. Marais and Malan also informed the meeting that +the High Commissioner had issued a proclamation calling upon Dr. +Jameson to desist from the invasion and to return to British +territory at once; that the proclamation had been duly forwarded +to him from several points; and that there was no doubt that he would +turn back. Messrs. Marais and Malan both stated that they were +themselves proceeding with the commando against Dr. Jameson should he +fail to obey the High Commissioner's mandate, and stated also that +although they were making every effort that was humanly possible to +avert conflict it must be clearly understood that if from the +unreasonable action of Johannesburg fighting took place between the +Government forces and a revolutionary force from Johannesburg, they +as in duty bound would fight for their Government, and that in the +Government ranks would be found those men who had been the most +arduous workers in the cause of reform. They were assured that there +was no such feeling as desire for revenge actuating the people who +had taken up arms, that it was simply a desire for fair treatment and +decent government, that the present demand was what had been already +detailed in the Manifesto, and that the Committee stood by that +document, but would nevertheless accept as sufficient for the time +being any reasonable proportion of the redress demanded. + +In spite of differences as to the motives of the Government in +holding out the olive branch it was decided unanimously that the +request as conveyed by Messrs. Marais and Malan should be complied +with, and that a deputation should be sent over early on the +following morning to meet the Government Commission. Under the +circumstances it was quite useless to discuss whether the Government +designed these negotiations merely as a ruse in order to gain time, +or whether they were actually dealing with the Committee in good +faith and intending to effect the redress promised. At that time +Johannesburg itself had not been protected by earthworks, and the +unpacking of the Maxims and rifles had only just been completed. +Throughout Tuesday night and Wednesday earthworks were being thrown +up, and every effort was being directed towards placing the town in a +state of defence. + + + + +CHAPTER V. + +THE COMMITTEE'S DILEMMA. + + +With the best will in the world it would have been quite impossible +to render any assistance to Dr. Jameson's forces, but apart from this +there never was the slightest doubt of his ability to get into +Johannesburg without assistance should he decide to attempt it. In +conversation with the leaders of the movement he had always scouted +the idea of requiring assistance from Johannesburg, nor would anyone +have believed that with a well-equipped and perfectly trained force +of 800 men (as it was believed he had) it was possible for the Boers +to get together a force sufficiently strong to stop him in his dash +on Johannesburg. + +In the absence of Mr. Charles Leonard, who had been recognized as the +leader of the movement, Mr. Lionel Phillips was elected Chairman of +the Reform Committee, and he and Messrs. J.G. Auret, A. Bailey, and +M. Langermann were chosen as the Committee's deputation to proceed to +Pretoria and meet the Commission appointed by the Government. They +left at an early hour on Wednesday morning, and were given +practically a free hand to act on behalf of the Reform Committee. The +position having been so thoroughly discussed there was no possibility +of misunderstanding; there was no division in the Committee as to the +attitude to be taken up. The deputation were to negotiate with the +Government for a peaceful settlement on the basis of the Manifesto, +accepting what they might consider to be a reasonable instalment of +the reforms demanded. They were to deal with the Government in a +conciliatory spirit and to avoid all provocation to civil strife, but +at the same time to insist upon the recognition of rights and the +redress of the grievances, to avow the association with Dr. Jameson's +forces so far as it had existed, and to include him in any settlement +that might be made. It was impossible to lay down any definite +lines on which to negotiate on behalf of Dr. Jameson, as the Reform +Committee were still in complete ignorance of his reasons for +starting; but it was considered fairer and more reasonable to assume +that he had started in good faith and that the two messengers who had +been sent to stop him had not reached him, and to act accordingly. +However awkward a predicament he had placed the Johannesburg people +in, they accepted a certain moral responsibility for him and his +actions and decided to make his safety the first consideration. + +Late on Tuesday night the Collector of Customs at Johannesburg +informed members of the Reform Committee that he had received a +telegraphic despatch from the Pretoria head office notifying the +suspension of all duties on various articles of food. It will be +remembered that this relief was prayed for by the representative +bodies of mining and commerce on the Rand several weeks before the +outbreak and that the Government had replied that they were unable +during the recess to deal with the matter as the legislative power +and the power of levying and remitting duties had been taken from the +Executive by the Volksraad some time previously. It will also be +remembered that the Government acted on this hint as to the +necessities of the community in a wholly unexpected way by granting a +monopoly for the free importation of grain to a favoured individual +of their party in Pretoria. It is not wonderful therefore that the +notification conveyed by the Collector of Customs was received with +considerable derision, and the opinion was expressed that it would +have redounded more to the credit of the Government's honesty and +intelligence had they remitted the duties when first petitioned +instead of doing so at the last moment hastily and ungracefully--so +to speak, at the point of the bayonet. + +On Wednesday morning, whilst the deputation were engaged in +negotiations with the Government Commission, a telegram was received +by the Reform Committee in Johannesburg from Sir Jacobus de Wet, +the British agent, conveying the following proclamation of the High +Commissioner: + +Whereas it has come to my knowledge that certain British subjects, +said to be under the leadership of Dr. Jameson, have violated +the territory of the South African Republic, and have cut +telegraph-wires, and done various other illegal acts; and whereas the +South African Republic is a friendly State, in amity with Her +Majesty's Government; and whereas it is my desire to respect the +independence of the said State; + +Now, therefore, I hereby command the said Dr. Jameson and all persons +accompanying him to immediately retire from the territory of the +South African Republic, on pain of the penalties attached to their +illegal proceedings; and I do further hereby call upon all British +subjects in the South African Republic to abstain from giving the +said Dr. Jameson any countenance or assistance in his armed violation +of the territory of a friendly State. + +A reply was immediately sent to the British Agent stating that the +Reform Committee were not aware of the reasons which prompted Dr. +Jameson to start, but that as he was coming to their assistance, +presumably in good faith, they felt morally bound to provide for him, +and they therefore urged the British Agent most strongly to spare no +effort in forwarding the proclamation to Dr. Jameson so that he might +be aware of the action taken by the Imperial Government and might +turn back before any conflict should take place between his and the +Boer forces. The Committee offered to forward the despatch themselves +if facilities of passport were given. + +A full meeting of the Committee was immediately convened in order to +consider this new complication of the case, and the following +telegram was approved and sent at 11.15 a.m., addressed to the +Deputation of the Reform Committee, care of Her Majesty's Agent, +Pretoria: + +Meeting has been held since you started to consider telegram from +British Agent, and it was unanimously resolved to authorize you to +make following offer to Government. Begins: 'In order to avert +bloodshed on grounds of Dr. Jameson's action, if Government will +allow Dr. Jameson to come in unmolested, the Committee will guarantee +with their persons if necessary that he shall leave again peacefully +within as little delay as possible.'{22} + +The Committee well realized the fatal results of Dr. Jameson's +invasion under the circumstances, and much as their position had been +injured and complicated by his action, it was felt that it would +still be better to get rid of the foreign element which he +represented and to fight the battle out under such conditions as +might arise without any assistance than to let things go from bad to +worse through further action on Dr. Jameson's part. + +No reply had been received from the High Commissioner to the +telegrams urging him to come up in person. Mr. Cecil Rhodes had +telegraphed that he was urgently pressing the High Commissioner to +come, but that he had received no assurances as yet from him. During +Wednesday Messrs. Leonard and Hamilton telegraphed that the former +had seen the High Commissioner, who had declined to move unless +invited by the other side; they were using every effort to induce him +to move but no reliance could be placed upon him. They further +advised that in their strong opinion a reasonable compromise should +be effected, and that it was most vital to avoid offence. Mr. F.H. +Hamilton, who was one of the first associated with the movement, +finding then that nothing more could be done and feeling that his +proper place was with his comrades, refused to remain longer and +returned to Johannesburg, arriving there after Dr. Jameson's +surrender. + +Two and a half days had now elapsed since Dr. Jameson started, and +the Committee were still without word or sign from him as to his +having started or the reason which prompted him to do so. None knew +better than Dr. Jameson himself the difficulties and magnitude of the +task which he had set the Reform Committee when he struck his camp at +Pitsani and marched into the Transvaal. None knew better than he that +with the best luck and all the will and energy in the world it would +hardly be possible to do as much as place the town in a position of +defence. Every hour some explanation or some message was expected +from him, something to throw a little light on his action; but +nothing ever came, and the Committee were left to act in the dark as +their judgment or good fortune might lead them. + +The deputation which had been sent to Pretoria met the Government +Commission at noon on Wednesday. The Commission consisted of Chief +Justice Kotze (Chairman), Judge Ameshof, and Executive Member Kock. +There was a Government shorthand clerk present. Before the business +of the meeting was gone into, at the request of the Chief Justice +the deputation consented to minutes of the interview being taken, +remarking that as they were dealing with the Government in good faith +they had nothing to conceal. It may be well to mention that at the +meeting of Messrs. Malan and Marais with the Reform Committee the +question was raised as to the attitude of the Government towards the +deputation which it was suggested should be sent to Pretoria. Someone +remarked that the Government were quite capable of inducing the +deputation to go to Pretoria, having them arrested as soon as they +got there, and holding them as hostages. Messrs. Marais and Malan +both scouted the idea and stated positively that the Executive +Council had formally acknowledged to them that they were negotiating +with the Reform Committee in good faith, and that negotiations would +of course be carried on in a decent manner as between two civilized +parties in arms. These little incidents have a peculiar interest now +in view of the treachery practised by the Government by means of the +negotiations with the deputation. + +Mr. Lionel Phillips as spokesman detailed at length the position of +affairs in Johannesburg, citing the grievances and disabilities under +which the Uitlander population existed. He pointed out that year +after year the Uitlanders had been begging and petitioning for +redress of these grievances, for some amelioration of their +condition, for fair and uniform treatment of all the white subjects +of the State, and for some representation in the Legislature of the +country, as they were entitled by their numbers and their work and +their property to have; yet not only had a deaf ear been turned to +all their petitions, but the conditions were actually aggravated year +by year and, instead of obtaining relief, there was a marked increase +in the burdens and disabilities imposed. He informed the Commission +that the Manifesto fairly represented the views of the Reform +Committee and the people of Johannesburg; that, whilst they were +determined to have their rights, they recognised that it might not +be possible to obtain complete redress at once, and they were +prepared to accept what they might consider a reasonable instalment +of redress. He stated that Dr. Jameson had remained on the borders +of the Transvaal with an armed force by a written arrangement with +certain of the leaders, and that he was there to render active +assistance should the community be driven to extremes and require his +assistance; but as to his present action the Committee could throw no +further light upon it, as they were in ignorance of his reason for +starting; they could only assume that he had done so in good faith, +probably misled by rumours of trouble in Johannesburg which he +thought he had sufficient reason to believe. He added that so far +from being invited by the Committee, messengers had actually been +sent to prevent him from moving, but that it was not known to the +Committee if these messengers had reached him or if the telegrams +which had been sent with a like purpose had ever been delivered to +him, and that consequently the Committee preferred to believe that he +had come in in good faith and thinking the community to be in dire +need, and for this reason the people of Johannesburg were resolved to +stand by him. + +In the course of the discussion, Executive Member Kock remarked: 'If +you have erected fortifications and have taken up arms, you are +nothing but rebels.' Mr. Phillips replied: 'You can call us rebels if +you like. All we want is justice, decent treatment, and honest +government; that is what we have come to ask of you.' Mr. Kock +thereupon remarked that the deputation spoke as though they +represented Johannesburg, whereas for all the Government knew the +Reform Committee might be but a few individuals of no influence; and +he asked if they could be informed as to who constituted that body. +The deputation gave certain names from memory and offered to +telegraph for a full list. The reply came in time to be handed to the +Government and it constituted the sole piece of evidence ever +obtained as to who were members of the Reform Committee. After +hearing the statement of Mr. Phillips the Chief Justice informed the +deputation that the Commission were not empowered to arrange +terms, but were merely authorized to hear what the deputation had to +say, to ascertain their grievances and the proposed remedies, and to +report this discussion to the Government. Taking up certain points +referred to by Mr. Phillips, the Chief Justice asked whether the +Johannesburg people would consent to lay down their arms if the +Government granted practically all the reforms that were asked. +Mr. Phillips replied in the affirmative, adding that after +enfranchisement the community would naturally be privileged to take +up arms again as burghers of the State. The Chief Justice asked on +what lines it was proposed that the franchise should be granted. The +deputation replied that the community would be quite content if the +Government would accept the principle, leaving the settlement of +details to a Commission of three persons--one to be appointed by +each party, and the third to be mutually agreed upon. + +The meeting was adjourned at noon until 5 p.m., and in the meantime +the deputation telegraphed to the Reform Committee in Johannesburg +the substance of what had taken place, stating among other things +that they had explained the arrangements with Dr. Jameson. That such +a message should be sent through the Government telegraph-office at a +time when every telegram was read for the purpose of obtaining +information as to what was on foot is further proof (if proof be +needed) that the 'revelations' as to the connection between Dr. +Jameson and the Reformers, which were brought out with theatrical +effect later on, were not by any means a startling surprise to the +Government, and were in fact well known to them in all essential +details before the first encounter between the Boers and Dr. Jameson +had taken place. The significance of this fact in its bearing upon +Dr. Jameson's surrender and the after-treatment of the Reform +prisoners should not be lost sight of. + +The adjourned meeting between the Government Commission and the +Reform Committee deputation took place at 5 p.m., when the Chief +Justice intimated to the deputation that they had reported to a full +meeting of the Executive Council all that had taken place at the +morning meeting, and that the Executive had authorized them to hand +to the deputation in answer a resolution, the substance of which +is given hereunder: + +The High Commissioner has offered his services with a view to a +peaceful settlement. The Government of the South African Republic +have accepted his offer. Pending his arrival, no hostile step will be +taken against Johannesburg provided Johannesburg takes no hostile +step against the Government. In terms of a certain proclamation +recently issued by the State President the grievances will be +earnestly considered. + +It is impossible to give the exact wording of the minute because the +original document was inadvertently destroyed and all applications to +Government for a copy were met at first by evasions and finally by +point-blank refusal. The document was required as evidence in the +trial of the Reform prisoners and every effort was made to secure an +exact copy. As a last resource the above version, as sworn to by a +number of men who had seen the original document, was put in. The +Government were informed that if a true copy of the original +resolution as recorded in the Minute Book of the Executive Council +were not supplied for the purposes of evidence in the trial the +prisoners would hand in the version given above. No reply was +received to this, and the State Attorney acting on behalf of the +Government admitted the version here given in the statement put in by +the prisoners. It is clear therefore that if this version errs in any +respect it cannot at all events be to the disadvantage of the +Government or they would assuredly have objected to it and have +produced the resolution itself. + +On receipt of the above resolution the deputation inquired whether +this offer of the Government's was intended to include Dr. Jameson. +The Chief Justice replied that the Government declined to treat about +him as he was a foreign invader and would have to be turned out of +the country. The deputation thereupon handed in the telegram from the +Reform Committee, already quoted, offering their persons as security, +and pointed out that this was the most earnest and substantial +guarantee that it was possible to offer that the Committee had not +invited Dr. Jameson and had no desire to destroy the independence of +the State. The Commission in reply stated that the proclamation of +the High Commissioner was being forwarded to Dr. Jameson from +various quarters, and that he would inevitably be stopped. In reply +to the statement by the deputation that they were not empowered to +accept terms which did not explicitly include Dr. Jameson but would +report to headquarters and reply later on, the Chief Justice stated +that the Government required no answer to the resolution handed to +them. This was in fact _their_ answer, and if the people of +Johannesburg observed the conditions mentioned therein there would +be no further trouble, but if they disregarded them they would be +held responsible for whatever followed. The deputation returned to +Johannesburg fully convinced that the grievances would be redressed +and a peaceful settlement arrived at through the mediation of the +High Commissioner, and that Dr. Jameson would inevitably obey +the latter's proclamation and leave the country peacefully on +ascertaining that there was no necessity for his intervention on +behalf of the Uitlanders. + +Not only did the Government supply the deputation with the minute in +writing already quoted, but they also instructed the local officers +of Johannesburg to make public their decision to avail themselves of +Sir Hercules Robinson's services. It will be observed that the +notification published in Johannesburg is not so full as the +Executive minute handed to the deputation in Pretoria, but the spirit +in which it was given and accepted is shown by the following notice +issued by the Reform Committee embodying the official statement: + +REFORM COMMITTEE. + +NOTICE. + +The Government have handed us a written reply this afternoon (January +1), stating they have agreed to accept the offer of the High +Commissioner to go to Pretoria to assist the Government in preventing +bloodshed, and then the representations of the Committee will be +taken into serious consideration. The communication referred to is as +follows: + +'The Government of the South African Republic have accepted the offer +of the High Commissioner to come to Pretoria. + + + (Signed) J. L. VAN DER MERWE, _Mining Commissioner._ + J. F. DE BEER, _Judicial Commissioner._ + CARL JEPPE, _Member of the First Volksraad,_ + _Johannesburg._ + A. H. BLECKSLEY, _Commandant Volunteers._ + +Desirous as the Committee has always been to obtain its objects +without the shedding of blood and incurring the horrors of civil war, +the opportunity of achieving its aims by peaceful means is welcome. + +The Reform Committee desires that the public will aid them with the +loyalty and enthusiasm which they have shown so far in the +maintenance of its organization, and will stand firm in the cause of +law and order and the establishment of their rights. + +By order of the Committee. + +This notice was published in the local press, and also distributed as +a leaflet in Johannesburg. + +More than this! At one o'clock on Wednesday President Kruger had sent +for Sir Jacobus de Wet and requested him to transmit to the Reform +Committee the following message: 'I desire again to invite your +serious attention to the fact that negotiations are going on between +Mr. Chamberlain and His Honour the President. I am convinced the +Government is prepared to meet any committee or deputation at any +time to discuss matters. In view of this and of negotiations with Mr. +Chamberlain I advise you to follow a constitutional course.' That +telegram was framed at President Kruger's request and approved by him +before being transmitted. + +A great deal has been said about the impolicy, and even the bad +faith, of the Johannesburg people in concluding an armistice which +did not include Dr. Jameson. From the above account it is clear in +the first place that every effort was made to provide for his safety, +and in the next place that no armistice was concluded. Certain terms +were offered by the Government which it was open to the Committee to +either accept or reject or ignore, as they might decide later on. In +plain English, the Committee were as free after the negotiations as +they had been before. They gave no undertaking to abstain from +hostile action; they simply received the offer of the Government. +Whether they complied with those conditions as a matter of +cold-blooded selfish policy, whether they simply selected an easy way +out of a difficult position, or whether they complied with the +conditions solely because they were not in a position to do anything +else, it is open to every man to decide for himself; but it does not +seem fair, in face of the fact that they were _not_ able to do +anything else, to impute the worst motives of all for the course +which they eventually took. + +On the return of the deputation to Johannesburg a report of what had +taken place was given to a full meeting of the Reform Committee. +Divers opinions were expressed as to what was the right course to +take, but eventually all were agreed that, as the first duty of the +Committee was undoubtedly to protect the town and the unarmed section +of the community, as they could not afford to send a single man out +of the place, as there was no reason to suppose that Dr. Jameson +required or would welcome any assistance, and as it seemed certain +that he would be stopped by the High Commissioner's proclamation and +turned back, it would be nothing short of criminal madness to adopt +any aggressive measures at that stage. + +It does not appear to have occurred to many of the hostile critics of +the Reform Committee to consider what might have happened when they +are judging what actually took place. Dr. Jameson had invaded the +country with less than 500 men. It must be clear from this that it +was not his intention to conquer the Transvaal. It must have been and +indeed it was his idea that it would be impossible for the Imperial +Government to stand passively by and witness the struggle between its +own subjects preferring legitimate and moderate claims and a corrupt +and incompetent Boer Government. Intervention of one sort or another +he certainly expected--either material help in the shape of British +troops, or the intervention of the High Commissioner to effect a +peaceful settlement. By the false step which evoked the High +Commissioner's proclamation he had forfeited all claim to the support +on which he reckoned. It was reasonable to suppose therefore that, on +the receipt of the proclamation ordering him to return and calling on +all British subjects to abstain from assisting him, he would realize +the consequences of his mistake. He would also learn from the Reform +Committee's messengers (that is, assuming that he did not know it +already) that the Johannesburg people neither required nor wished for +his intervention, and he would elect to leave the country in +accordance with the High Commissioner's mandate rather than continue +a course which, with the opposition of the British Government added +to that of the Boer Government, must inevitably end in disgrace and +disaster. This was the conclusion arrived at in the Reform +Committee room; and it was then considered what would be the position +of the Johannesburg people if, in defiance of the High Commissioner's +proclamation and in violation of the terms offered by the Transvaal +Government, they should adopt aggressive and wholly futile measures +in aid of Dr. Jameson, only to find that he himself had obeyed the +proclamation and had turned back. + +No man in his senses would have anticipated Dr. Jameson's continuing +his march after receipt of the proclamation and full information as +to the wishes and position of the Johannesburg people. But, apart +from this, it was the opinion of military men, such as Colonel +Heyman, who had been sent in by Dr. Jameson, and who were present at +the meetings of the Reform Committee, that it would not be possible +for the Boers to stop him, and that it would require a very large +force indeed to cope with a body of men so well trained, well +equipped, and well led as his were thought to be. It would moreover +need extraordinary luck and management on the Boers' side to get +together any considerable force in time to intercept him before he +should reach Johannesburg. It may be added that the opinion expressed +by these gentlemen is still adhered to. They say that, properly led, +Jameson's force should have got in without firing a shot, and that, +properly handled, they should not have been stopped by a much greater +number of Boers. However this is as it may be. + +It has been stated, and the statement has gained considerable +credence, that the very train which brought the deputation back to +Johannesburg after their negotiations with the Government also +brought a detachment of the State artillery with field-pieces and +a plentiful supply of ammunition to reinforce the Boers, who were +then in position to intercept Dr. Jameson, and it has further been +suggested that the obvious course for the Reform Committee to have +taken was to break up the line and to stop trains passing out towards +Krugersdorp, also to seize the telegraph and railway offices. Such +action would have been perfectly futile. As a matter of fact the +artillery and ammunition were sent direct from Pretoria by waggon, +and not through Johannesburg at all.{23} Any such action as the +seizing of the telegraph and railway offices would have been useless +in itself, if intended to aid Jameson's force, and would of course +have been a declaration of war on the part of the Committee against +the Transvaal Government, a declaration which they were not able to +back up by any effective measures. A partially successful attempt +was made to blow up the line between Johannesburg and Krugersdorp by +individuals who thought that they would be rendering a service to the +cause, and who did not stop to calculate the full effects of their +action. + +During the afternoon of Wednesday, while the deputation were still +engaged in negotiation with the Government Commission, the messenger +despatched by Sir Jacobus de Wet, British Agent in Pretoria, to +deliver the High Commissioner's proclamation to Dr. Jameson, arrived +in Johannesburg, and applied at the Reform Committee rooms for an +escort through the lines of defence, showing at the same time the +passport given him by the Commandant-General to pass him through the +Boer lines. It was immediately decided to take advantage of the +opportunity in order to bring further pressure to bear upon Dr. +Jameson to induce him to leave the country peacefully, and to make +finally and absolutely sure that he should realize the true position +of affairs. Mr. J. J. Lace, a member of the Reform Committee, +volunteered to accompany the messenger to explain to Dr. Jameson the +state of affairs in Johannesburg and to induce him to return while +there was yet a chance of retrieving the position. On the return of +the deputation this action of the rest of the Committee was cordially +approved and was found to be in entire accord with the attitude taken +up by them in their dealings with the Government. + +If any evidence were needed as to the sincerity and singleness of +purpose of the Committee, the action taken by the deputation in +Pretoria and the rest of the Committee in Johannesburg, whilst +acting independently of each other and without any opportunity of +discussing matters and deciding upon a common line, should be +sufficient. If the Committee as a whole had not been following an +honest and clearly-defined policy they would have inevitably come to +grief under such trying circumstances. As a matter of fact, the steps +taken during Wednesday by the two sections acting independently were +wholly in accord. + +In the course of the day it became known that Dr. Jameson had caused +to be published the letter of invitation quoted in another chapter, +and from this it was clear to those who knew the circumstances under +which the letter was given that he had deliberately started in +violation of the agreement entered into, that he had thrown +discretion to the winds, and decided to force the hands of the +Johannesburg people. The result of this was that among the leaders it +was realized that Dr. Jameson was playing his own hand with complete +indifference to the consequences for others; but the vast majority of +the Rand community could not possibly realize this, and were firmly +convinced that the invading force had come in in good faith, +believing the community to be in extreme peril. + +In sensational matters of this kind it is very often the case that a +single phrase will illustrate the position more aptly than chapters +of description. It is unfortunately also the case that phrases are +used and catch the ear and survive the circumstances of the time, +carrying with them meanings which they were never intended to convey. +In the course of the events which took place in the early part of the +year many such expressions were seized on and continually quoted. +Among them, and belonging to the second description above referred +to, is the phrase 'Stand by Jameson.' It was never used in the sense +of sending out an armed force to the assistance of Dr. Jameson, +because it was recognized from the beginning that such a course was +not within the range of possibility. The phrase was first used in +the Executive Council Chamber when the deputation from the Reform +Committee met the Government Commission and Mr. Lionel Phillips +explained the nature of the connection between the Johannesburg +people and the invading force. After showing that the Rand community +were not responsible for his immediate action, and after +acknowledging that he was on the border with the intention of +rendering assistance if it should be necessary, he said that the +Uitlanders nevertheless believed that, owing to circumstances of +which they were ignorant, Dr. Jameson had started in absolute good +faith to come to their assistance, and for that reason they were +determined to stand by him. For that reason they offered their +persons as security for his peaceful evacuation of the country--a +course which was then, and is still, deemed to be 'standing by him' +in as effective and practical a manner as it was possible for men in +their position to do. + +The reproach levelled at the Reform Committee by members of the +Transvaal Government ever since the surrender of Dr. Jameson is +that, whilst professing not to support hostile action against the +State, and whilst avowing loyalty to the Republic, the people of +Johannesburg did not give the logical and practical proof of such +loyalty that the Government were entitled to expect; that is, they +did not take up arms to fight against the invaders. It is scarcely +necessary to say that such a preposterous idea never entered the +minds of any of the Uitlanders. When all is said and done, blood is +thicker than water, alike with the Uitlanders as with the Boers. The +Boers have shown on many occasions that they elect to side with their +kin on the promptings of their heart rather than support those whom +their judgment shows them to be worthy of their assistance. Had the +Uitlanders been sufficiently armed there can be no question that +rightly or wrongly they would have sided with Jameson, and would have +given him effective support had they known that he needed it. Had he +ever reached Johannesburg the enthusiasm would have been wild and +unbounded, and, however much the cooler heads among the community +might realize that such a partial success might have proved a +more serious misfortune than the total failure has been, no such +considerations would have weighed with the community in general; and +the men who were aiming at practical and lasting good results, rather +than cultivating popular enthusiasm, would have been swept aside, and +others, more in accord with the humour of the moment, would have +taken their places. + +It is useless to speculate as to what would have happened had Dr. +Jameson reached Johannesburg. The prestige of success might have +enabled him, as it has enabled many others, to achieve the apparently +impossible and compel the acceptance of terms which would have +insured a lasting peace; but as Johannesburg had neither arms +nor ammunition, especially the latter, commensurate with the +requirements of anything like severe fighting, even for a single day, +and as the invading force had not more than enough for its own +requirements, it is difficult to conceive that anything but disaster +could have followed. + +Throughout the troubles which followed the invasion it was not the +personal suffering or loss which fell to the lot of the Johannesburg +people that touched them so nearly as the taunts which were unjustly +levelled at them for not rendering assistance to Dr. Jameson. The +terms, 'cowards,' 'poltroons,' and 'traitors,' and the name of +'Judasburg,' absolutely undeserved as they were known to be, rankled +in the hearts of all, and it was only by the exercise of much +self-denial and restraint that it was possible for men to remain +silent during the period preceding Dr. Jameson's trial. Extremely +bitter feeling was roused by the tacit approval given to these +censures by the officers of the invading force, for their continued +silence was naturally construed to be tacit approval. 'Not once,' +said one of the Reformers, 'has a single member of Dr. Jameson's +party come forward and stated that the imputations on the Reformers +were undeserved; yet we gave them the benefit of every doubt, and +tried throughout to screen them, whilst all the time the Doctor and +at least three of his companions knew that they had started to "make +their own flotation." That is not cricket.' + +It has been urged on behalf of Dr. Jameson that he could not have +been asked to state prior to his trial that he never expected or +arranged for help from Johannesburg--that his case was already a +sufficiently difficult one without embarrassing it with other +people's affairs. Yet it was noted in Johannesburg that, when a +report was circulated to the effect that he had started the invasion +on the instructions of Mr. Cecil Rhodes, he and another officer of +his force wrote jointly to the English papers to say that there was +no truth whatever in the statement. The consequences of taking upon +himself the responsibility for initiative in this way, while he +had yet to undergo his trial, were far more serious than would have +followed a simple statement to the effect that injustice was being +done to the Rand community in the charges of cowardice laid against +it. It was felt then, and the feeling has not in any way abated, +that Dr. Jameson regarded the fate and interests of the people of +Johannesburg with indifference, looking upon them merely as pawns +in a game that he was playing. It was only Mr. Rhodes who took an +opportunity to say that 'the Johannesburg people are not cowards; +they were rushed.' + +The general public did not know the circumstances under which Dr. +Jameson had agreed to remain on the frontier. They did not know that +telegrams and messengers had been despatched to stop him, nor was it +felt advisable to inform them of these steps at a time when matters +had seemingly gone too far to be stopped. It was considered that any +statement of that kind put forth at that particular juncture would +simply tend to create a panic from which no good results could +accrue, and that, as Dr Jameson had cast the die and crossed his +Rubicon, as little as possible should be done needlessly to embarrass +him. Suggestions were continually being made, and have been and are +still being frequently quoted, to the effect that a force should be +sent out to create a diversion among the Boer commandoes in Jameson's +favour. Suggestions were made by men who had not the remotest idea of +the resources at the command of the Committee, or who did not stop to +think of what might have happened had Johannesburg been depleted of +its armed force, and so left at the mercy of a few hundred Boers. +There were always, as there will always be, men prepared for any +reckless gamble, but this course was most earnestly considered time +after time by the Committee when some fresh suggestion or development +seemed to warrant a reconsideration of the decision already arrived +at not to attempt any aggressive measures. Finally the matter was by +common consent left in the hands of Colonel Heyman, an officer who +has rendered distinguished service in South Africa, and whose +reputation and judgment were acknowledged by all. This course was the +more readily agreed to since Colonel Heyman was by none more +highly thought of than by Dr. Jameson himself. The decision given by +him was that the invading force, properly led, drilled and equipped +as it was, was a far stronger body than the entire force enrolled +under the Reform Committee, and that it would require a very large +force indeed of burghers to stop it. If Dr. Jameson had thought that +he would need help there had been ample time for him to send a fast +mounted messenger to Johannesburg. He had not done so; and it was +therefore to be presumed that as he had taken upon himself the +responsibility of invasion he was prepared for all contingencies; +but, apart from this, the force available in Johannesburg, which +would be in a few days a very good one behind earthworks, was at that +moment utterly unfit to march out in the open. It would in its then +condition, and with no equipment of field-pieces, be liable to be +annihilated by a relatively small number of Boers before it should +reach Dr. Jameson. It was decided, however, that, should fighting +take place within such distance from the town that men could be taken +from the defences without endangering the safety of the town, a force +should be taken out at once. + +Fault has repeatedly been found with the military organization in +Johannesburg for not having been well served by an Intelligence +Department, and for not knowing from day to day what the whereabouts +and position of Dr. Jameson's forces were. + +The reply to this is that the Johannesburg people had only two days +in which to look after themselves and protect themselves in the +crisis in which Dr. Jameson's action had plunged them; that as a +matter of fact strenuous efforts were made to establish communication +with the invading force; that the Intelligence Department--which, +considering how short a time was available for its organization, was +by no means unsatisfactory--was employed in many directions besides +that in which Dr. Jameson was moving; that some success was achieved +in communicating with him, but that the risks to be taken, owing to +the imperative necessity of saving time at almost any cost, were +greater than usual and resulted in the capture of eight or ten of the +men employed in the endeavour to communicate with Dr. Jameson alone; +and finally, that since he had seen fit to violate all the +arrangements entered into and dash into the country in defiance of +the expressed wishes of the people, whom he was bent on rescuing +whether they wished to be rescued or not, the least that could be +expected of him and of his force was that they should acquaint +themselves with the road which they proposed to travel and take the +necessary steps to keep the Johannesburg people posted as to their +movements. + +It has been urged by a prominent member of the invading force--not +Dr. Jameson--that since the force had been kept on the border for +some weeks with the sole object of assisting Johannesburg people when +they should require assistance, the very least that they were +entitled to expect was that someone should be sent out to show them +the road and not leave them to go astray for want of a guide. To this +it was replied that a force which had been, as they stated, on the +border for several weeks with the sole object of invading the country +by a certain road, had ample time, and might certainly have been +expected to know the road; and as for relieving Johannesburg in its +necessity, the argument might have applied had this 'necessity' ever +arisen; but since the idea was to force the hands of the Reformers, +the latter might fairly regard themselves as absolved from every +undertaking, specific or implied, which might ever have been made in +connection with the business. But at that time the excuse had not +been devised that there had ever been an undertaking to assist +Jameson, on the contrary it was readily admitted that such an idea +was never entertained for a moment; nor can one understand how anyone +cognizant of the telegram from Dr. Jameson to Dr. Rutherfoord +Harris--'We will make our own flotation by the aid of the letter +which I shall publish'--can set up any defence at the expense of +others. + +By Wednesday night it was known that Major Heany had passed through +Mafeking in time to join Dr. Jameson's force, and that, bar some +extraordinary accident, Captain Holden must have met Dr. Jameson on +his way, since he had been despatched along the road which Dr. +Jameson would take in marching on Johannesburg; and if all other +reasons did not suffice to assure the Committee that Dr. Jameson +would not be relying on any assistance from Johannesburg the +presence of one or other of the two officers above mentioned would +enable him to know that he should not count upon Johannesburg to give +him active support. Both were thoroughly well acquainted with the +position and were able to inform him, and have since admitted that +they did inform him, that he should not count upon a single man +going out to meet him. Captain Holden--who prior to the trial of +Dr. Jameson and his comrades, prompted by loyalty to his chief, +abstained from making any statement which could possibly embarrass +him--immediately after the trial expressed his regret at the unjust +censure upon the Johannesburg people and the charges of cowardice and +bad faith which had been levelled against them, and stated that he +reached Pitsani the night before Dr. Jameson started, and that he +faithfully and fully delivered the messages which he was charged to +deliver and earnestly impressed upon Dr. Jameson the position in +which the Johannesburg people were placed, and their desire that he +should not embarrass them by any precipitate action. + +Before daybreak on Thursday, January 2, Bugler Valle, of Dr. +Jameson's force, arrived in the Reform Committee room and reported +himself as having been sent by the Doctor at about midnight after the +battle at Krugersdorp on Wednesday. He stated that the Doctor had +supplied him with the best horse in the troop and sent him on to +inform Colonel Rhodes where he was. He described the battle at the +Queen's Mine, Krugersdorp, and stated that the force had been obliged +to retreat from the position in which they had fought in order to +take up a better one on higher ground, but that the position in which +they had camped for the night was not a very good one. When +questioned as to the exact message that he had been told to deliver +he replied, 'The Doctor says, "Tell them that I am getting along all +right, but they must send out to meet me."' He was asked what was +meant by 'sending out to meet him.' Did it mean to send a force out? +Did he want help? His reply was, 'No; the Doctor says he is getting +along all right, but you must send out to meet him.' The messenger +was keenly questioned upon this point, but adhered to the statement +that the force was getting along all right and would be in early in +the morning. Colonel Rhodes, who was the first to see the +messenger, was however dissatisfied with the grudging admissions and +the ambiguous message, and expressed the belief that 'the Doctor +wants help, but is ashamed to say so.' Acting promptly on this +conviction, he despatched all the mounted men available (about 100) +under command of Colonel Bettington, with instructions to ascertain +the whereabouts of Dr. Jameson's force, and if possible to join them. + +This was done without the authority of the Committee and in direct +opposition to the line already decided upon. It was moreover +considered to be taking a wholly unnecessary risk, in view of the +fact that an attack upon the town was threatened by burgher forces on +the north-west side, and it was immediately decided by a number of +members who heard of Colonel Rhodes' action to despatch a messenger +ordering the troop not to proceed more than ten miles from the town, +but to reconnoitre and ascertain what Dr. Jameson's position was, +with the reservation that, should it be found that he actually needed +help, such assistance as was possible should of course be given him. +As a matter of hard fact it would not have been possible for the +troop to reach Dr. Jameson before his surrender, so that the action +taken upon the only message received from the invading force had no +practical bearing upon the results. + +At daybreak on Thursday morning Mr. Lace and the despatch rider sent +by the British Agent to deliver the High Commissioner's proclamation +and the covering despatch were passed through the Dutch lines under +the authority of the Commandant-General, and they delivered the +documents to Dr. Jameson in person. In reply to Sir Jacobus de Wet's +appeal Dr. Jameson said, 'Tell Sir Jacobus de Wet that I have +received his despatch; and that I shall see him in Pretoria +to-morrow.' Mr. Lace briefly informed him of the position, as he had +undertaken to do. The presence of a Boer escort and the shortness of +the time allowed for the delivery of the messages prevented any +lengthy conversation. Dr. Jameson made no comment further than to +say, 'It is too late now,' and then asked the question, 'Where are +the troops?' to which Mr. Lace replied, 'What troops do you mean? We +know nothing about troops.' It did not occur to Mr. Lace or to +anyone else that he could have meant 'troops' from Johannesburg. With +the receipt of Dr. Jameson's verbal reply to the British Agent's +despatch-carrier the business was concluded, and the escort from the +Boer lines insisted on leaving, taking with them Mr. Lace and the +despatch-rider. He offered no further remark. + + +Footnotes for Chapter V + +{22} The telegram originally read 'within twenty-four hours,' but +it was considered impossible to guarantee the time exactly, and the +alteration as above given was made, the word 'within' being +inadvertently left standing instead of 'with.' + +{23} Captain Ferreira, at one time in command of the guard over the +Reformers, informed the writer that he had formed one of the cavalry +escort. 'It is a good story,' he said, 'but what fools we would have +been to send our guns shut up in trucks through a hostile camp of +20,000 armed men--as we thought--round two sides of a triangle +instead of going by the shorter and safe road.' + + + + +CHAPTER VI. + +THE INVASION. + + +From the evidence on the trial at bar of Dr. Jameson and his +comrades, it appears that about 20th October, 1895, orders were given +to the Matabeleland Border Police to move southward. After this, +further mobilization of other bodies took place and during the first +week in December there collected at Pitsani Potlogo the body of men +from whom Dr. Jameson's invading column was afterwards selected. For +three weeks the men were continuously drilled and practised in all +warlike exercises and thoroughly prepared for the enterprise which +their leaders had in view. On Sunday, December 29, at about three in +the afternoon, the little force was paraded and Dr. Jameson read to +them the letter of invitation quoted in a previous chapter. He is +alleged by certain witnesses to have said that he had just received +this and that they could not refuse to go to the assistance of their +countrymen in distress, and he confidently appealed to the men to +support him. He said that he did not anticipate any bloodshed at all. +They would proceed by forced marching straight through to +Johannesburg, and would reach that town before the Boers were aware +of his movements, and certainly before they could concentrate to stop +him. It has been alleged by some witnesses that the men of the +Bechuanaland Border Police who advanced from Mafeking under the +command of Colonel Grey and Major Coventry were not so fully informed +as to their destination and the reasons for the movement until they +were actually in marching order to start. It would appear however +from the general summary of the evidence and from the reports of +the men who took part in the expedition, that they were informed that +the destination of the force was Johannesburg, that the object was to +render assistance to their countrymen in that town who were being +grossly misruled by the Transvaal Government and were at that time in +grievous straits and peril through having endeavoured to assert their +rights and obtain the reforms for which they had so long been +agitating, and that the immediate reason for marching was the receipt +of an urgent appeal from Johannesburg citizens, which appeal (the +letter of invitation) was duly read to them. In reply to questions as +to whether they were fighting under the Queen's orders, they were +informed that they were going to fight for the supremacy of the +British flag in South Africa. A considerable proportion of the men +declined to take part in the enterprise, and it is probably largely +due to defections at the last moment that the statement was made that +700 men had started with Dr. Jameson, whereas it appears that only +480 ever left the Protectorate. + +The following is a portion of the Majority Report of the Select +Committee on the Jameson Raid appointed by the Cape House of +Assembly: + +On the 26th December there was a sudden check. On the afternoon of +that day Colonel Rhodes telegraphs to Charter, Capetown, 'It is +absolutely necessary to postpone flotation. Charles Leonard left last +night for Capetown.' Messages to the same effect were sent from Mr. +S.W. Jameson to his brother, and from Dr. Harris for the Chartered +Company to Dr. Jameson, the latter concluding: 'So you must not move +till you hear from us again. Too awful. Very sorry.' + +As to the nature of the hitch that occurred, there is some light +thrown on it by the statement from Mr. S.W. Jameson to his brother +that any movement must be postponed 'until we have C.J. Rhodes' +absolute pledge that authority of Imperial Government will not be +insisted on,' a point that is further alluded to in Telegram No. +6,537 of Appendix QQ of the 28th December. + +Whatever the exact nature of the obstacle was, there can be no doubt +that some at least of the Johannesburg confederates were much alarmed +and took all possible steps to stay proceedings. + +In addition to urgent telegrams special messengers were sent to +impress on Dr. Jameson the necessity for delay. One of these, Captain +Holden, made his way across country. + +According to Mr. Hammond's evidence Holden arrived at Mafeking on the +28th December, and went in with the column. + +The other messenger was Captain Maurice Heany, who left Johannesburg +on the 26th December, and on the 27th telegraphed from Bloemfontein +to Charter, Capetown, informing them that 'Zebrawood' (Colonel +Rhodes) had asked him to 'stop "Zahlbar" (Dr. Jameson) till Heany +sees him,' and asking that a special train might be arranged for him. +Dr. Harris replied to Kimberley on the 28th informing him that a +special train was arranged, and added, 'lose no time or you will be +late.' + +It is in evidence that this special train was provided by the +Chartered Company, that Heany left by it, caught up the ordinary +train at Vryburg, and that he reached Mafeking at 4.30 a.m. on +Sunday, the 29th. + +The evidence is that he was coming with an urgent message to stop Dr. +Jameson; that on his arrival at Mafeking he waked up Mr. Isaacs, a +local storekeeper, and purchased a pair of field boots and a +kit-bag, and proceeded by special cart to Pitsani; and that he +subsequently on the same evening accompanied Dr. Jameson on his +inroad and was captured at Doornkop.{24} + +On the 27th, after receiving the discouraging telegrams mentioned +above from Johannesburg, Dr. Jameson telegraphed to Harris, Charter, +Capetown, 'I am afraid of Bechuanaland Police for cutting wire. They +have now all gone forward, but will endeavour to put a stop to it. +Therefore expect to receive telegram from you nine to-morrow morning +authorizing movements. Surely Col. F.W. Rhodes advisable to come to +terms at once. Give guarantee, or you can telegraph before Charles +Leonard arrived.' This doubtless alludes to the necessity for +guarantee mentioned in the message from S.W. Jameson, and the +alternative suggestion was that authority to proceed should be given +before the arrival of the Johannesburg delegate at Capetown. + +Two hours later on the same day he sends another message of the +utmost importance. He informs Harris, Charter, Capetown, as follows: +'If I cannot, as I expect, communicate with Bechuanaland Border +Police cutting, then we must carry into effect original plans. They +have then two days for flotation. If they do not, we will make our +own flotation with help of letter, which I will publish.' + +On the same day Dr. Jameson telegraphed to his brother in +Johannesburg as follows: 'Guarantee already given, therefore let J.H. +Hammond telegraph instantly all right.' + +To this Mr. Hammond sent a most positive reply absolutely condemning +his proposed action. + +As bearing upon the attitude of the force at Pitsani, it may be noted +that on the same day that the foregoing correspondence was taking +place, Mr. A. Bates was despatched from Mafeking into the Transvaal +with instructions from Major Raleigh Grey to collect information and +meet Dr. Jameson _en route._ He was supplied with a horse and money, +and seems to have done his best to carry out instructions. + +Early the next day Dr. Jameson telegraphed to Harris, Charter, +Capetown: 'There will be no flotation if left to themselves; first +delay was races, which did not exist; second policies, already +arranged. All mean fear.{25} You had better go as quickly as possible +and report fully, or tell Hon. C.J. Rhodes to allow me.' + +The reply to this was: 'It is all right if you will only wait. +Captain Maurice Heany comes to you from Col. F.W. Rhodes by special +train to-day.' And, again, two hours later, Dr. Harris for the +Chartered Company telegraphs: 'Goold Adams arrives Mafeking Monday, +and Heany, I think, arrives to-night; after seeing him, you and we +must judge regarding flotation, but all our foreign friends are now +dead against it and say public will not subscribe one penny towards +even with you as a director--Ichabod.' + +Still on the same day two further telegrams to Dr. Jameson were sent +from Capetown, almost together, of a strongly discouraging tenour. +One of them concludes by saying 'we cannot have fiasco,' and the +other informs Dr. Jameson that Lionel Phillips anticipates complete +failure of any premature action. + +On the same day Dr. Harris informs Colonel Rhodes at Johannesburg +that, 'Have arranged for Captain Maurice Heany; Dr. Jameson awaiting +Capt. Maurice Heany's arrival. Keep market firm.' + +And later: + +'Charles Leonard says flotation not popular, and England's bunting +will be resisted by public. Is it true? Consult all our friends and +let me know, as Dr. Jameson is quite ready to move resolution and is +only waiting for Captain Heany's arrival.' + +A few hours later Dr. Jameson telegraphs to Harris, Charter, +Capetown: 'Received your telegram Ichabod _re_ Capt. Maurice Heany. +Have no further news. I require to know. Unless I hear definitely to +the contrary, shall leave to-morrow evening and carry into effect my +second telegram (Appendix QQ, No. 06365) of yesterday to you, and it +will be all right.' + +On the next morning, Sunday the 29th, Heany arrived at Mafeking, and +after making the purchases detailed above, left by special cart for +the camp at Pitsani, where he probably arrived about eight o'clock +a.m. At five minutes past nine Dr. Jameson telegraphed to Harris, +Charter, Capetown: 'Shall leave to-night for the Transvaal. My reason +is the final arrangement with writers of letter was that, without +further reference to them, in case I should hear at some future time +that suspicions have been aroused as to their intention among the +Transvaal authorities, I was to start immediately to prevent loss of +lives, as letter states. Reuter only just received. Even without my +own information of meeting in the Transvaal, compel immediate move +to fulfil promise made. We are simply going to protect everybody +while they change the present dishonest Government and take vote from +the whole country as to form of Government required by the whole.' + +The force took with them provisions for one day only, relying on the +commissariat arrangements made on their behalf by Dr. Wolff _en +route._ They were well mounted and armed with Lee-Metford carbines, +and took with them eight Maxims, two seven-pounders and one +twelve-pounder. In order to facilitate quick movement no heavy +equipment was taken, and but little spare ammunition. The vehicles +attending the column were six Scotch carts and one Cape cart. The +total distance to be covered was about 170 miles to Johannesburg, or +150 miles to Krugersdorp. The start was made from Pitsani shortly +after 5 p.m., and marching was continued throughout the night. The +force consisted of about 350 of the Chartered forces under Colonel +Sir John Willoughby, Major in the Royal Horse Guards; the Hon. H. F. +White, Major 2nd Battalion Grenadier Guards; Hon. R. White, Captain +Royal Welsh Fusiliers; Major J. B. Tracey, 2nd Battalion Scots +Guards; Captain C. H. Villiers, Royal Horse Guards; and 120 of the +Bechuanaland Border Police under Major Raleigh Grey, Captain 6th +Inniskillen Dragoons, and the Hon. C. J. Coventry, Captain 3rd +Militia Battalion Worcester Regiment. The two contingents met at +Malmani at about sunrise on Monday morning, December 30. They marched +throughout that day and night and the following day, Tuesday. There +were half-hour rests about every twenty miles for rationing the men +and feeding and watering the horses, the fodder being ready for the +horses at various stores. Provisions for the men consisted of tinned +meats and biscuits. There was no lack of provisions at all; but the +men complained afterwards that they were so overcome with fatigue +from continuous marching that when they reached the resting-places +they generally lay down where they dismounted, and slept, instead of +taking the food which was ready for them. A serious fault in the +conduct of the expedition appears to have been the lack of +opportunity for rest and food afforded the men. It was contended that +the same or a higher average of speed might have been attained by +pressing on faster for spells of a few hours and allowing reasonable +intervals for rest and refreshment. Only about 130 miles had been +covered by the column during the seventy hours that they were on the +march before they were first checked by any serious opposition from +the Boers. + +On Monday, December 30, at about 1 p.m., Mr. F.J. Newton, Resident +Commissioner at Mafeking, received the following telegram from the +High Commissioner, Capetown, dated the same day: + +It is rumoured here that Dr. Jameson has entered the Transvaal with +an armed force. Is this so? If so, send special messenger on fast +horse directing him to return immediately. A copy of this telegram +should be sent to the officers with him, and they should be told that +this violation of the territory of a friendly State is repudiated by +Her Majesty's Government, and that they are rendering themselves +liable to severe penalties. + +Mr. Newton at once addressed to Dr. Jameson and each of the chief +officers with him the following letter: + +SIR, + +I have the honour to enclose copy of a telegram which I have received +from His Excellency the High Commissioner, and I have accordingly to +request that you will immediately comply with His Excellency's +instructions. + +Trooper J.T. White was despatched as soon as possible with the five +letters, enclosed in waterproof, with instructions to ride until he +caught up to Dr. Jameson and delivered the letters. He was stopped by +a party of armed Boers and taken before Landdrost Marais at Malmani, +where the despatches were opened and read. He was delayed for four +hours, and then allowed to proceed with an escort. On Tuesday morning +he crossed the Elands River and caught up the column at about 11 a.m. +He had ridden all night, covering about eighty miles. He alleges that +at first the officers would not take the letters, but eventually Sir +John Willoughby accepted and read his and the others followed suit. +He stated that he had been instructed to deliver the letters +personally, and to get a reply. Sir John Willoughby sent a message by +him stating that the despatches would be attended to. Shortly after +this Dr. Jameson also received a protest from the Commandant of the +Marico district against his invasion of the State, to which he +sent the following reply: + + _December 30, 1895._ + +SIR, + +I am in receipt of your protest of the above date, and have to inform +you that I intend proceeding with my original plans, which have no +hostile intention against the people of the Transvaal; but we are +here in reply to an invitation from the principal residents of the +Rand to assist them in their demand for justice and the ordinary +rights of every citizen of a civilized State. + + Yours faithfully + L.S. JAMESON. + +White states that this was about noon, and 'then the bugle sounded +and the column moved off.' The force continued advancing in much the +same way throughout Tuesday, and at 6 p.m. a skirmisher of the +advanced guard met Lieutenant Eloff of the Krugersdorp District +Police, who had been instructed by his Government to ride to +Mafeking, presumably for the purpose of getting information. He had +come with a guard of nine men, whom he had left some distance off; +advancing alone to meet the column. He states that when released +after two hours' delay he left the forces, and passing along the +Rustenburg road met a commando of some 300 Boers with whom he made a +circuit to avoid the column, and reached Krugersdorp before it did. +From this it is clear that the Boers were collecting in considerable +numbers to meet the invading force, and were moving with much greater +rapidity than their enemies. + +On Wednesday morning, at about 5.30, Messrs. Theron and Bouwer +(despatch riders), who had been sent by Sir Jacobus de Wet, British +Agent at Pretoria, at 1.30 p.m. on the previous day with a despatch +for Dr. Jameson, reached the column and delivered their letters, and +stated that they had been instructed to take back a reply as soon as +possible. Dr. Jameson said, 'All right; I'll give you a reply,' and +within a few minutes he handed to them the following letter: + + _January 1._ + +DEAR SIR, + +I am in receipt of the message you sent from His Excellency the High +Commissioner, and beg to reply, for His Excellency's information, +that I should, of course, desire to obey his instructions, but, as I +have a very large force of both men and horses to feed, and having +finished all my supplies in the rear, must perforce proceed to +Krugersdorp or Johannesburg this morning for this purpose. At the +same time I must acknowledge I am anxious to fulfil my promise on the +petition of the principal residents of the Rand, to come to the aid +of my fellow-men in their extremity. I have molested no one, and have +explained to all Dutchmen met that the above is my sole object, and +that I shall desire to return at once to the Protectorate. I am, +etc., + + (Signed) L.S. JAMESON. + +At about 10.30 a.m. on the same day (January 1) two cyclists, Messrs. +Celliers and Rowland, carrying despatches from members of the Reform +Committee, met the column. The letters were received by Dr. Jameson, +and taken with him as far as Doornkop, where, upon surrender of the +force, they appear to have been torn up. With that good fortune which +seems to have followed the Boers throughout this business, these torn +fragments were picked up on the battle-field by a Boer official four +months later, having remained undisturbed during the severe rain and +wind storms of the wet season. Some portions were missing, but the +others were pieced together and produced in evidence against the +Reform prisoners. The letters are printed hereunder as they were +written, as testified by the writers, and, in the case of the first +one, by others who read it before it was despatched. The italics +represent the fragments of the letters which were never found:{26} + +DEAR DR. + +The rumour of massa_cre in_ Johannesburg that started yo_u to_ our +relief was not true. We a_re all_ right, feeling intense. We have +armed a lot of men. Shall be very glad to see you. _We are_ not in +possess_ion of the_ town. _I shall send out some_ men to +_You are a fine_ fellow. Yours ever + +F.R.{27} + +We will all drink a glass along _o_' you. + +L.P.{28} + +31st, 11.30. Kruger has asked for _some of us to_ go over and treat: +armistice for _24 hours agreed_ to. My view is that they are in a +funk at Pretoria, and they were wrong to agree from here. + +F.R.{27} + +DR. JAMESON. + +[Illustration. Caption: The above are reproductions of photographs of +the documents now in possession of the Transvaal Government. For the +report of the expert, Mr. T.H. Gurrin, as submitted to the Select +Committee of the House of Commons, see Appendix L.] + +It may be noted that the tone of this correspondence does not appear +to be in accord with the attitude taken up by the Reform +Committee. The letters however were written on Tuesday the 31st, when +there was a general belief that Dr. Jameson had started in good +faith, misled by some false reports. In the second letter Colonel +Rhodes expresses the opinion that it was wrong to agree to send in +a deputation to meet the Government. This was written before the +deputation had gone to Pretoria, and clearly implies that the moral +effect of treating would be bad. The phrasing also shows that the +so-called armistice was for the purpose of treating, and not the +treating for the purpose of securing an armistice: in other words, +that the armistice would expire, and not commence, with the treating. + +From the evidence given by the cyclist Rowland, it appears that he +stated to Dr. Jameson that he could get 2,000{29} armed men to go out +to his assistance; and Rowland in evidence alleged further that there +was some offer of assistance in one of the despatches, and that Dr. +Jameson, in reply, said he did not need any assistance, but that if +2,000 men should come out probably the Boers would draw off. This +witness in his evidence at Bow Street also alleged that one of the +despatches expressed surprise at Dr. Jameson's movement. There is now +a complete record of these despatches. They make no allusions to +giving assistance, and the Johannesburg leaders are very clear on the +point that no promise or offer of assistance was ever made. The reply +which Dr. Jameson caused to be sent was concealed in one of the +bicycles, which were seized by the Boer authorities on the return +ride of the despatch-carriers, and was not brought to light until the +following March, when a mechanic who was repairing the broken bicycle +discovered it. + +The much-debated question of whether assistance was ever promised or +expected should be finally disposed of by the publication of two +documents which have not heretofore appeared in print. They are _(a)_ +the reply of Dr. Jameson to Colonel Rhodes' letters, and _(b)_ the +report of Mr. Celliers, the cyclist despatch-rider who took the +letter and received the reply, which report was taken down in +shorthand by the clerks in the Reform Committee room as it was +made verbally by him immediately on his return. Both these records +dispose of Mr. Rowland's statement about 2,000 men; and apart from +this it should be observed that Mr. Celliers was the messenger sent +by Colonel Rhodes and not Mr. Rowland; the latter having been later +on picked up 'for company,' was presumably less qualified to speak +about the instructions and messages than Celliers, from whom indeed +he learned all that he knew. + +The letter was written by Col. H. F. White in the presence of the +cyclists, and partly at the dictation of Dr. Jameson. It was in the +form of a memorandum from Col. H. F. White to Col. Frank Rhodes, and +bore no signature; but the last line was in Dr. Jameson's +handwriting, and was initialed by him. It ran as follows: + +As you may imagine, we are all well pleased by your letter. We have +had some fighting, and hope to reach Johannesburg to-night, but of +course it will depend on the amount of fighting we have. Of course we +shall be pleased to have 200 men meet us at Krugersdorp, as it will +greatly encourage the men, who are in great heart although a bit +tired. Love to Sam, Phillips, and rest, + + L. S. J. + +Mr. Celliers' report--after detailing the incidents of the ride +out--runs: + +... I reached the column between 9 and 10 o'clock. I saw Dr. Jameson +personally. He received us very well, and was very glad with the news +I brought him. He read the despatch, and asked me for full details. I +told him the strength of the Boers and the dangers he was in. I told +him that they had no guns, and all that I saw and heard that they had +during my travels. I explained to him everything in detail. The +Doctor seemed to be very brave. He told me that he had two +scrimmages, and that no damage had been done. I said to him whether +it would not be well for him to halt until we got through and sent +him some help. The Doctor said he did not think there was anything to +fear, and at the same time he did not want to go to Johannesburg as a +pirate, and it would be well for them to send some men to meet him. I +also made inquiries as to whether I could return by any other road, +but found it was impossible, and that we had to come back the same +way. I got his despatch, shook hands with him, wished us well, and +set on our journey back. + +The report, which is given above literally as transcribed from the +shorthand notes, concludes with an account of the return journey. +Mr. Celliers in a subsequent statement confirmed the above, +and added: + +The impression which the Doctor gave me most certainly was that he +had never expected help and did not want it.{30} + +The march continued on towards Krugersdorp. At one or two places a +few shots were fired by Boer pickets, and on one occasion the Maxims +of the invading force were turned on a party of some fifty Boers +ensconced in a good position. No casualties however occurred until +Krugersdorp was reached at 3 p.m. on Wednesday. A message was sent by +Sir John Willoughby to the authorities at Krugersdorp that if he +encountered any opposition he would shell the town, and he warned +them to have their women and children removed. + +Shortly after mid-day positions were taken up on the hills pear +Krugersdorp, and at three o'clock severe fighting took place which +lasted well on into the night. An ambush at the crushing mill and +works of the Queen's Mine was shelled and an attempt was made to +storm it by a small party of the invaders. It was unsuccessful +however, and after nightfall Dr. Jameson's force was obliged to +retreat from its position and seek a more advantageous one on higher +ground. + +They had suffered a reverse at the hands of a somewhat larger force +of Boers who had selected a very strong position. Firing did not +cease until 11 p.m. Here it is alleged the fatal military mistake of +the expedition was committed. No precautions had been taken to +ascertain the road. Instead of being well acquainted with the +direction to be taken the force was dependent upon a guide picked up +on the spot, a man who was never seen after the events of the +following day and is freely alleged to have been a Boer agent. It is +stated by competent judges that, had Dr. Jameson's force pushed on +during the night on the main road to Johannesburg, they would have +succeeded in reaching that town without difficulty. As it was however +they camped for the night in the direction of Randfontein and in the +early morning struck away south, attempting a big detour to avoid the +road which they had tried to force the previous night. There is but +little doubt that they were shepherded into the position in which +they were called upon to fight at Doornkop. The following description +of the Doornkop fight was written by Captain Frank Younghusband, the +correspondent of the London _Times_, who was an eye-witness: + +Galloping over the rolling open grassy downs in search of Dr. +Jameson's force which was expected to arrive at Johannesburg at any +moment, my companion Heygate and myself saw between us two forces, +both stationary. Then one began to move away and from the regularity +of its movement we recognized that this must be Dr. Jameson's trying +to round the opposing Boer forces. We found a Boer guard holding the +only ford across the stream; so going up to the Commander we asked +for news. He, after questioning us, told us all that had occurred. + +He was a field-cornet from Potchefstroom, and leader of one division +of the Boers. He said that yesterday, January 1, Dr. Jameson had +attacked the Boer force at the George and May Mine, two miles +north-west of Krugersdorp, a small mining township twenty-one miles +west of Johannesburg. Fighting took place from three in the afternoon +to eleven at night, Dr. Jameson making three principal attacks, and +doing great damage with his artillery, which the Boers, having then +no guns, were unable to reply to. + +My informant, the Boer leader, said that both then and to-day Dr. +Jameson's men behaved with great gallantry, and he also said that +admirable arrangements had been made at Krugersdorp for nursing the +wounded on both sides. + +This morning the Boers took up a position at Vlakfontein, eight miles +on the Johannesburg side of Krugersdorp, on a circuitous road to the +south by which Dr. Jameson was marching. The Boers in the night had +been reinforced by men and with artillery and Maxims. Their position +was an exceedingly strong one on an open slope, but along a ridge of +rocks cropping out of it. It was a right-angled position and Dr. +Jameson attacked them in the re-entering angle, thus having fire on +his front and flank. + +To attack this position his men had to advance over a perfectly open +gently-sloping grassy down, while the Boers lay hid behind rocks and +fired with rifles, Maxims, and artillery upon their assailants. The +Boers numbered from 1,200 to 1,500, Dr. Jameson's force about 500, +and the position was practically unassailable. + +Dr. Jameson, after making a desperate effort to get through, +surrendered, and as we stood we saw his brave little band riding +dejectedly back again to Krugersdorp without their arms and +surrounded by a Boer escort. + +We were allowed to ride close up, but were refused permission to see +Dr. Jameson. It is therefore impossible to state his full reasons, +but it is known that he was made aware that it was impossible to send +assistance from here, and this may have influenced him in giving +up the contest when he found the enemy's position so strong that +in any case it would have been no disgrace to have been beaten by +superior numbers of such a brave foe as that Boer force which I +saw in the very position they had fought in. It was evident that +probably no one had ever started on a more desperate venture than +had this daring little force, and they gained by their gallantry the +adoration, not only of the Boer burghers who spoke to me, but of the +whole town of Johannesburg. + +These Boers--rough, simple men, dressed in ordinary civilian clothes, +with merely a rifle slung over the shoulder to show they were +soldiers--spoke in feeling terms of the splendid bravery shown by +their assailants. They were perfectly calm and spoke without any +boastfulness in a self-reliant way. They said, pointing to the +ground, that the thing was impossible, and hence the present result. + +The total loss of Dr. Jameson's force is about twenty. Major Grey +was, they said, the principal military officer, and they thought that +no officer was killed, and that the report that Sir John Willoughby +had been killed was unfounded. He and Dr. Jameson have been taken to +Pretoria. + +At 9.15 o'clock the white flag was put up. Sir J. Willoughby, the +officer in command of the force, then sent the following note +addressed to the Commandant of the Transvaal Forces: + +We surrender, provided that you guarantee us safe conduct out of the +country for every member of the force. + + JOHN C. WILLOUGHBY. + +A reply was sent within fifteen minutes, of which the following is a +literal translation: + +OFFICER,--Please take note that I shall immediately assemble our +officers to decide upon your communication. + + COMMANDANT. + +Twenty or thirty minutes later a second note was received by the +surrendering force, addressed 'John C. Willoughby': + +I acknowledge your letter. The answer is that, if you will undertake +to pay the expense which you have caused the South African Republic, +and if you will surrender with your arms, then I shall spare the +lives of you and yours. Please send me a reply to this within thirty +minutes. + + P. A. CRONJE. + _Commandant, Potchefstroom._ + +Within fifteen minutes of the receipt of this letter, Sir J. +Willoughby replied, accepting the conditions in the following terms: + +I accept the terms on the guarantee that the lives of all will be +spared. I now await your instructions as to how and where we are to +lay down our arms. At the same time I would ask you to remember that +my men have been without food for the last twenty-four hours. + +'The flag sent with the first message (to quote the statement made on +behalf of Sir J. Willoughby by his solicitor, Mr. B.F. Hawksley) was +sent perhaps a little earlier than 9.15. Dr. Jameson's force ceased +firing as soon as the flag was hoisted, except on the extreme right. +Messengers were sent to stop that firing, and all firing ceased +within five minutes. The Boers continued to fire for some ten +minutes, and for some time after Jameson's force had ceased. After +Sir J. Willoughby had received the first answer the State Artillery +opened fire and continued firing for at least fifteen minutes. Sir J. +Willoughby sent Colonel the Hon. H. White and Captain Grenfell to the +Commandant with a note requesting to know the reason for firing on a +flag of truce, and requesting that it might cease. Sir J. Willoughby +has no copy of the letter he wrote accepting the conditions offered +by Cronje, but it was to the effect above given. 'Besides Cronje, +Commandant Malan was acquainted with the terms of surrender, for +_after Jameson's force had given up their arms_ Commandant Malan came +up and repudiated part of the terms, saying he would not guarantee +the lives of Jameson and the leaders, and that they would be handed +over to General Joubert, who would decide their fate.' + +The decision having been announced to the forces, and many of the men +having stacked their arms and dropped off to sleep where they lay in +the veld, several other commandants joined Cronje, and an altercation +took place in the presence of the surrendered officers, Commandant +Malan of Rustenburg violently proclaiming that Cronje had no +right to spare the lives of the force, and that it lay with the +Commandant-General and Krijgsraad (or War Council) to decide what +should be done with the prisoners. Commandant Cronje replied that +they had surrendered to him upon certain conditions, and those +conditions had been accepted by him. In the course of the discussion, +in which several other prominent Boers joined, disapproval was +generally expressed of Cronje's acceptance of the terms and threats +were used to Dr. Jameson in person. Eye-witnesses on the Boer +side state that Dr. Jameson declined to discuss the matter further; +he merely bowed and walked away. It may be remarked that it is not by +any means unusual for the Boers to seek to stretch to their advantage +terms which they have previously agreed upon. There can now be no +question as to the conditions of the surrender. The officer in +command on the field agreed to spare the lives of the entire force, +and it was not competent for anyone to reverse that decision or to +reopen the question. The incident is instructive, and also important +since the lives of Dr. Jameson and his men were made to play a +considerable part in President Kruger's game of magnanimity later +on.{31} + +The Johannesburg _Star_ correspondent, describing the surrender, +says: + +There were upwards of 400 altogether, and the poor fellows made a +sorry sight--tired from their long march, their privations, and the +tremendous strain of continuous engagements for nearly twenty-four +hours. Some almost slept in their saddles as they were being +escorted; and when they arrived on Krugersdorp Market Square the +scene will not soon be forgotten. + +The Boers freely mixed with them and talked with them. Provisions +were brought, and devoured with ravenous hunger. In many cases the +Boers gave from their own scant stock of provisions to the starving +men, for whom they expressed the utmost admiration for their +pluckiness and determination. + +Dr. Jameson and his principal officers, including Sir John +Willoughby, were brought in separately from the main body of the +captured troops. Although the Boers treated most of the prisoners +with consideration, they jeered somewhat when Dr. Jameson was brought +forward; but this was promptly suppressed by the Commandants. Dr. +Jameson and the officers were temporarily housed in the Court-house, +together with the other officers captured previously. + +A mule-waggon was brought up, fitted with mattresses. The chief +officers were despatched to Pretoria under a strong escort of Boers. +About half an hour later the rest of the prisoners were also escorted +out of the town to Pretoria, most of them on their own horses. Both +men and horses were extremely emaciated. + +The burgher losses were reported to have been 4 killed and 5 wounded. +The losses of Dr. Jameson's force were 18 killed and about 40 +wounded. + +There were also taken: 400 magazine and Lee-Metford rifles, 8 Maxims +(one spiked, or with the breach-piece gone), 4 field-pieces, 33,000 +rifle cartridges, 10 cases of Maxim cartridges, 10 cases of +projectiles, 2 sacks of projectiles, 300 cartridge-belts, 13 +revolvers, 4 mule-waggons, 5 Scotch carts, 742 horses (in which were +included the 250 horses which were captured in charge of two troopers +near Blaaubank), a full-blooded stallion (the property of Dr. +Jameson), 400 saddles, bridles etc., 38 mules with harness, 1 +telegraph instrument (probably to tap wires with), harness and other +accoutrements and instruments of war. + +The prisoners were treated with every consideration by their captors, +with the exception perhaps of Dr. Jameson himself, who was threatened +by some of the unruly ones and freely hissed and hooted, but was +protected by the officers in charge. It must be said of the Boers +that they acted with admirable self-restraint and dignity in a +position such as very few are called upon to face. However politic +their actions may have been in their fear of provoking conflict with +Johannesburg and the Imperial Government, however the juggling with +Dr. Jameson's life afterwards and the spurious magnanimity so freely +advertized, may detract from what they did and may tend to bring +ridicule and suspicion upon them, one cannot review the broad facts +of the Jameson invasion, and realize a position which, if only for +the moment, gave the aggrieved party unlimited scope for revenge upon +an aggressor who had not the semblance of personal wrong or interest +nor the pretext of duty to justify his action, without allowing to +the Boers that they behaved in such a manner as, for a time, to +silence even that criticism which is logically justifiable and +ultimately imperative. In so far as the invading force are concerned, +the words of Mr. A. J. Balfour aptly sum up the position: 'President +Kruger has shown himself to possess a generosity which is not the +less to be admired because it is coincident with the highest +political wisdom.' + +With reference to the surrender of the force, it is reasonable to +believe that the Transvaal Government, knowing how serious the +complications would be if civil war actually took place, and +believing as they undoubtedly did that Johannesburg contained upwards +of 20,000 armed men, were quite willing--indeed anxious--to secure +the surrender of Dr. Jameson's force on any terms, and that the +conditions made by Cronje were quite in accordance with what the +highest Boer authorities would have accepted. It seems to be beyond +question also that the conditions of surrender were purposely +suppressed in order to enable the President to bargain with +Johannesburg; and, as has already been stated, such action +materially detracted from the credit due to the Transvaal Government. +This is their characteristic diplomacy--the fruit of generations of +sharpening wits against savages; and the same is called Kaffir +cunning, and is not understood at first by European people. But when +all such considerations are weighed, there is still a large balance +of credit due to the Boers for the manner in which they treated +Dr. Jameson and his invading force. It is difficult to conceive of +any people behaving better to a foe vanquished under such conditions; +indeed, it would be quite impossible. + +The Boers when under control of their leaders have generally behaved +in an admirable manner. It is only when the individuals, unrestrained +by those in authority, are left to exercise their power at the +dictates of their own uncurbed passions, that the horrible scenes +have occurred which have undoubtedly blemished their reputation. + +In connection with the Jameson raid there was one such incident--the +shooting of Trooper Black. The unfortunate man fell into the hands of +the Boers while out scouting and was taken as a prisoner to a +farmhouse near Blaaubank. There he was tied up and beaten, and it is +stated by a woman who gave him water when he was half mad with +thirst, that his face had been smashed by a blow from a rifle butt. +When unable to bear the treatment any longer Black stood up and, +tearing his shirt open, cried out, 'Don't shoot me in the back! Shoot +here! My heart's in the right place.' He was then untied and (as +alleged by Dutch witnesses) given an opportunity to escape. He +mounted his horse, but before he had gone far was shot dead. On the +appeal of Sir Jacobus de Wet the Government consented to investigate +the matter; but the Commandant in charge, Piet Grobler, when +questioned on the subject, merely replied, 'Oh, he [Black] was a very +insolent fellow. We could do nothing with him.' The man who fired the +shot despatching Black, a half-caste Boer named Graham, stated on his +return from Pretoria that he was asked no questions at the so-called +inquiry. + +A somewhat similar incident took place, but fortunately with less +serious results, on the way from the battle of Krugersdorp. A +well-known resident of Johannesburg had ridden out to ascertain news +of Dr. Jameson, and, arriving as the surrender took place, thrust his +way among the Boers until he reached the Doctor, where he was +arrested by the Boer authorities as a spy. Being a burgher of the +State who had been resident in the Transvaal for some sixteen or +seventeen years, he was recognized and rather harshly treated. He was +attached by a leather thong to the saddle of one of the Boer +Commandants and made to run, keeping pace with the horse. After a +spell of this treatment he was released, and the Commandant in +question offered to make a bet with him that he would not be able to +race him on horseback to the ambulance waggons a few hundred yards +off, the prisoner to take a short cut across a swamp and the +Commandant to ride round by the road. The prisoner thereupon replied, +'No, thank you, Commandant. I was in the Boer War myself and saw +several men shot by that dodge, on the pretence that they were +escaping.' The worthy Commandant thereupon drew his stirrup from the +saddle, and thrashed his prisoner with the stirrup end. After some +ten days' imprisonment under exceptionally hard conditions the +gentleman in question was released without trial. + +The complete success of the Boer forces against Dr. Jameson's band +has been accounted for in many ways, but undoubtedly the one reason, +if one can be selected, which enabled them to deal with the invaders, +was their ability to mobilize at short notice. And in this connection +arises the question: Did the Boers know beforehand of the intended +invasion, and were they waiting until Dr. Jameson should walk into +the trap? On behalf of the Boers it is strenuously maintained that +they had not the remotest notion of what was brewing, and that had +such an idea occurred to them they would of course have reported +matters to the High Commissioner. The President's unyielding mood +before he heard of Dr. Jameson's start, and his change afterwards, +the state of demoralization in Pretoria, the unpreparedness of the +State Artillery, and the vacillation of General Joubert, the +condition of alarm in which the President was during that night of +suspense before the surrender, when Chief Justice Kotze sat with him +to aid and cheer, and when the old white horse stood saddled in the +stable in case Johannesburg should attack Pretoria; all point to the +conclusion that it was not all cut and dried. With a singular +unanimity, the Boers and their friends and the majority of the +Uitlanders in the Transvaal support this view; but there are on +record certain facts which are not to be ignored. Apart altogether +from the hearsay evidence of telegraphists and Boer officials in +different parts of the country, who state that they were under +orders from Government to remain at their posts day and night--that +is to say to sleep in their offices--a fortnight before the Jameson +raid took place, a significant piece of evidence is that supplied by +the Transvaal Consul in London, Mr. Montagu White, who in a letter to +the London Press stated that on December 16 he received information +as to the plot against the independence of the Republic, and that he +on that date cabled fully to President Kruger warning him of what was +in contemplation, and that the President took the necessary +precautions. Now, on December 14 it was announced in Pretoria that +the President, being greatly in need of a rest and change, was about +to undertake a tour through the country to visit his faithful +burghers. Perusal of the newspapers of the time shows that among the +Uitlanders no significance was attached to this visit. Indeed, the +Uitlander press agreed that it had become painfully evident that His +Honour required a change in order to restore his nervous system. As +nothing can better represent the opinions of the time than the +current comments of the Press, the following extracts from the +Johannesburg _Star_ are given: + +In short, His Honour is developing an ungovernable irritability and a +tendency to choleric obsessions, when the word 'Uitlander' is barely +mentioned in his presence, that are causing the greatest concern to +those around him. Only on some such grounds are explicable the raging +exclamations he is reported to have permitted himself to lately use +towards Johannesburg and the cause of reform upon which it is so +earnestly engaged. That His Honour should have been generally +credited with indulging in unconventional vernacular terms concerning +the pronouncedly loyal and hearty reception accorded to him on his +visit to the Rand Agricultural Show, seems to argue a lapse into the +habits of his youngest days, which has a direct significance in the +case of ordinary individuals, and is known by a very familiar name. +That he should tragically declare that only across his bleeding +corpse will the Uitlander ever come into his own, is merely the +extravagant and regrettable melodrama of an overheated mind. The +general desire is quite averse to encountering any stepping-stones of +that kind, and most of all averse to Mr. Kruger's taking any such +place. Our quarrel is with principles and systems, and never yet has +a note of personal vengeance been sounded whilst we have endeavoured +to compass their destruction. It is quite obvious that a little +relaxation from the cares of State, or reversion to more primitive +conditions, a freer communion with Nature--viewed from an +ox-waggon--are eminently desirable to restore His Honour's shattered +nerves.--_December 14, 1895._ + + +AT HIS POST. + +His Honour the President has returned to the seat of Government. The +itinerary appears to have been somewhat prematurely cut short; but no +one is likely to so ridiculously underestimate the sterling qualities +of His Honour as to conceive the possibility of his absence when +difficulty and danger imperatively command his presence at the head +of public affairs. The conclusions which Mr. Kruger has derived from +converse with his faithful burghers are likely to remain buried in +his own breast. The outward and ostensible object of his recent tour +has been fulfilled in much the accustomed manner; that is to say, he +has discussed with apparent interest the necessity for a pont here or +a bridge there; the desirability of Government aid for tree-planting, +the trouble which the farmers experience in getting native labour, +and so forth, and so on; but we must not derive from all this +peripatetic fustian the erroneous impression that His Honour has been +vacuously fiddling on the eve of a conflagration. The real business +which took him to Lydenburg and Middelburg has no doubt been +satisfactorily accomplished. Boer sentiment has been tested in +secret, and the usual professions of fervid patriotism and of +readiness for target practice with the Uitlander as the mark have +been profusely evoked. This sub-official aspect of the itinerary has +been discreetly veiled in all the reports which have been permitted +to transpire, and the censorship thereof has been more than normally +exacting and severe; but we are from private sources left in no +manner of doubt that Mr. Kruger has been canvassing and stimulating +the Boers to be ready for any emergency, and has been metaphorically +planting a war-beacon on every hill. All scrutiny and inquiry fail to +discover that he has uttered one single word which can be described +as an emollient to the present critical situation. He has pandered +rather to the worst racial passions of the Boer, instead of using the +enormous responsibility resting upon him in the direction of +mediation. Old patriarchs--whom we cannot but respect and admire +whilst we deplore their immitigable and hopeless rancour against the +cause of the newcomer--have been permitted, apparently without +rebuke, to show their wounds to the younger and more malleable +generation in His Honour's presence, and to boast of their readiness +to receive as much more lead as they can conveniently find room for. +The tour, indeed, has been a _wapenschouwing_, with oratory of the +most dangerous and pernicious type for its accompaniment. His +Honour's contribution to this interesting display of martial ardour +has been couched, as usual, in the enigmatic form. He has spoken +another parable. A mind so fertile in image and in simile cannot have +lost much of its wonted vigour. The one he has chosen to employ on +this occasion is full of instruction, and is derived, as Mr. Kruger's +images frequently are, from the arena of natural history. When you +want to kill your tortoise, he must be artfully induced to +imprudently protrude his head beyond his thick and impregnable shell, +and then the task becomes a very easy one. This little parable was +considered good for use on more than one occasion, varied by the +addition that, if the tortoise be up to the trick, it is necessary to +sit down and wait until he does make the fatal mistake. The only +drawback to our profound intellectual delight in the parable is the +question, 'Who will be the tortoise?'--_December 27, 1895._ + +A perusal of the German White Book shows that + +On December 24 the German Consul in Pretoria telegraphed to the +Foreign Office that 'news from Johannesburg points to the preparation +of disturbances by the English party there, and the Government is +taking precautionary measures.' Baron von Marschall communicated this +to Sir Frank Lascelles, and, after pointing out the possible +consequence of bloodshed, emphasized once again the necessity for +maintaining the _status quo_. In reply to the German Consul in +Pretoria, the Secretary of State telegraphed a similar statement, +adding: 'Impress energetically upon the Transvaal Government that it +must most scrupulously avoid any provocation if it wishes to retain +German sympathy.' + +Another little light on the inside history is that afforded by Mr. +J.C. Bodenstein, Field-cornet of the Krugersdorp district, who in the +course of an interview accorded to the _Standard and Diggers' News_, +the Johannesburg Government organ, stated how he came to know of +Jameson's intended invasion. He heard that a certain young lady who +resided at Luipaardsvlei, near Krugersdorp, whose _fiance_ occupied a +good position in the Bechuanaland Border Police, had received a +letter from him at Mafeking to the effect that he intended paying her +a visit about the New Year, and that he would not be alone, as the +whole force was coming to Johannesburg. The lady proved no exception +to the alleged rule concerning secrets, and Field-cornet Bodenstein +personally assured himself of the authenticity of the report he had +heard. + +On Friday, December 27, a German gentleman from the Free State also +informed the Field-cornet that Dr. Jameson and his troopers might be +expected at any time. 'On hearing this confirmation of the letter,' +said Mr. Bodenstein, 'I went at once to Pretoria. I arrived there at +eleven o'clock at night, and early the next morning I saw the +President and informed him about the letter and what I had been told. +He remarked quietly: "Yes, I have heard all about it" The General +(Joubert) then said: "All right; I will send you the ammunition you +require."' + +In the report of the Select Committee of the Cape House of Assembly +(Blue Book A 6 of 1896, page 76) there is the evidence of the Hon. +J.A. Faure, M.L.C., which shows that he and Sir Thomas Upington, the +Attorney-General of Cape Colony, were on a visit to Johannesburg on +December 27, and heard it publicly stated that Dr. Jameson with 800 +men was on the border for the purpose of invading the Transvaal. +Mr. Faure testifies that he learned this from a very prominent Free +State Dutchman. Among others, one would suppose that the Transvaal +Government must also have heard something of it. + +Dr. Veale, a well-known Pretoria doctor, states that at daybreak on +Thursday, January 2, Commandant Hendrik Schoeman called on him to +secure his professional attendance for a member of his family who was +very ill. The Commandant said that he had been sent out on Monday to +watch the invading force and to ascertain their numbers, and also +stated that he had been following the troop with others for a +considerable time and that he was sure Jameson had not 800 but +between 450 and 500, as he had repeatedly counted them; that the +force was being delayed by small parties drawing it into useless +fighting and so losing time; that he himself had been obliged to come +on ahead, having been recalled on account of his wife's serious +illness, but that it made little difference as there were others to +take his place, and they had arranged not to tackle Jameson until +they had drawn him among the kopjes at Doornkop, where it would be +quite impossible for him ever to get through. This statement it +should be noted was made in Pretoria some hours before the Jameson +force surrendered at Doornkop. + +So certain do the Boers appear to have been, and so confident of +their ability to carry out their plans, that they stated to a +reporter of the Government newspaper that they intended to stop +Jameson at Rietspruit (Doornkop), and this statement was published in +a Johannesburg paper on the morning of January 1, but was of course +regarded as mere gossip of a piece with that which flooded the +newspapers at the time. It is only right to add that there were +numbers of other announcements at the same time which by no means +agreed with this one, and it is stated that the editor was as much +surprised as the public to find that he had been right. + +In reviewing the whole of the circumstances of the raid, not the most +biased and most interested of persons can withhold a tribute of +admiration to the President's presence of mind, skill, and courage in +dealing with circumstances wholly without precedent; and in quiet +moments, when recalling all that has happened, if human at all, his +Honour must indulge in a chuckle now and then to think how completely +he jockeyed everybody.{32} Not the least amusing recollection must be +that of the 'great trek' (Banjailand Trek), which his burghers +threatened to make into Mashonaland via Rhodes' Drift when Sir John +Willoughby gained his first experience of Oom Paul. The military +commander of Dr. Jameson's force had called on the President to add +weight to the remonstrances which were being made against the action +of the burghers in invading the Chartered territory, and the +President, playing his cards for a favourable settlement of +Swaziland, had replied that he had done all that he could, and events +must take their course. 'Tell him,' said Sir John to Dr. Leyds who +was interpreting, 'that if the trek is not stopped of course the +result will be war!' 'If it must be, let it be,' the old gentleman +answered quietly. 'Then tell him,' Sir John replied, 'that in that +case he will have to reckon with the British Army.' 'And tell _him_', +said the President, pointing placidly at his interviewer with his big +pipe, 'that I have reckoned with the British Army once before.' If +the recollection occurred to both men on January 2, it must have been +with different emotions. + +In dealing with President Kruger's personal attitude it is not +perhaps pertinent but, it is interesting, to recall an incident of +his earlier career--a parallel between the prisoner and the +President. Oddly enough President Kruger was a rebel and a filibuster +himself in the days of his hot youth, and one of his earliest +diplomatic successes was in securing the release and pardon of +men who, in 1857, stood in exactly the same position as the +Uitlanders whom he imprisoned. + +The story of the Potchefstroom revolt is little known in England, but +it is told in Theal's 'Standard History of South Africa,' and very +instructive reading it is. Dr. Hillier, of Johannesburg, one of the +Reformers, called attention just before the outbreak to the +extraordinary parallel between the revolt of Potchefstroom in 1857 +against the dominance of Lydenburg and the condition of Johannesburg +in 1895 under the despotism of Pretoria. Dr. Hillier in his pamphlet +said: + +In 1857 the Republic north of the Vaal attained its twentieth year. +It had increased in population, and had taken on, to some extent, the +habits and mode of life of a settled community. Mr. Pretorius and his +followers began to feel that in the altered circumstances of the +State the time had arrived for a remodelling of the Constitution. +Among these followers of Pretorius, these advocates of reform, it is +interesting to find was Mr. Stephanus Johannes Paulus Kruger. + +Mr. Theal says: + +'During the months of September and October, 1856, Commandant-General +M. W. Pretorius made a tour through the districts of Rutsenburg, +Pretoria and Potchefstroom, and called public meetings at all the +centres of population. At these meetings there was an expression by a +large majority in favour of immediate adoption of a Constitution +which should provide for an efficient Government and an independent +Church.' + +And again, later on, we have in the words of South Africa's historian +the gist of the complaint against the then existing state of things: + +'The community of Lydenburg was accused of attempting to domineer +over the whole country, without any other right to preeminence than +that of being composed of the earliest inhabitants, a right which it +had forfeited by its opposition to the general weal.' + +Such was the shocking state of things in this country in 1856. It was +a great deal too bad for such champion reformers as Mr. Pretorius and +his lieutenant, Mr. S.J.P. Kruger, as we shall see later. Shortly +after these meetings were held, a Representative Assembly, consisting +of twenty-four members, one for each field-cornetcy, was elected for +the special purpose of framing a Constitution and installing the +officials whom it should decide to appoint. + +On January 5, 1857, the Representative Assembly appointed Mr. +Martinus Wessels Pretorius President, and also appointed members of +an Executive Council. The oaths of office were then taken, the +President and Executive installed, and the flag hoisted. When +intelligence of these proceedings reached Zoutpansberg and Lydenburg, +there was a violent outburst of indignation. At a public meeting at +Zoutpansberg the acts and resolutions of the Representative Assembly +at Potchefstroom were almost unanimously repudiated, and a manifesto +disowning the new Constitution and everything connected with it was +drawn up. Mr. Pretorius then issued a proclamation, deposing +Commandant-General Schoeman from all authority, declaring +Zoutpansberg in a state of blockade, and prohibiting traders from +supplying 'the rebels' with ammunition or anything else. This conduct +on the part of the new Government under Mr. Pretorius appears to me +distinctly adroit. Having taken upon themselves to remodel the entire +Constitution of the country, they turn round on the adherents of the +older Government, whom, by-the-by, they had not thought it worth +while to consult, and promptly call them 'rebels.' And so you have +this striking political phenomenon of a revolutionary party turning +on the adherents of the Government of the State, and denouncing them, +forsooth, as 'rebels.' + +The 'Republic of Lydenburg' then declared itself into a sovereign and +independent State. And thus two Republics, two Volksraads, two +Governments, were formed and existed simultaneously in the Transvaal. +And all this without a shot being fired, each party finding +sufficient relief to its feelings by calling the other party +'rebels.' In order to strengthen its position, the party of Pretorius +now determined on a bold stroke. They sent emissaries to endeavour to +arrange for union with the Free State. The Free State Government +rejected their overtures, but Pretorius was led to believe that so +many of the Free State burghers were anxious for this union that all +that was necessary for him to do, in order to effect it, was to march +in with an armed force. He therefore placed himself at the head of a +commando, and crossed the Vaal, where he was joined by a certain +number of Free State burghers. + +But Pretorius, with whom was Paul Kruger, found, like Dr. Jameson, +that he had reckoned without his host. When intelligence of this +invasion reached Bloemfontein, President Boshoff issued a +proclamation declaring martial law in force throughout the Free +State, and calling out burghers for the defence of the country. It +soon appeared that the majority of the people were ready to support +the President, and from all quarters men repaired to Kroonstad. At +this stage the Free State President received an offer of assistance +from General Schoeman, of Zoutpansberg, against Pretorius, in which +object he believed Lydenburg would also join. + +On May 25 the two commandoes were drawn up facing each other on +opposite banks of the Rhenoster River, and remained in that position +for three hours. Threatened from the north as well as the south +Pretorius felt his chance of success was small, and he therefore sent +out Commandant Paul Kruger with a flag of truce to propose that a +pacific settlement should be made. + +Here indeed is a very close parallel, but the climax is still to +come. The treaty arrived at was practically an apology on the part of +the South African Republic. Many citizens of the Free State who had +joined the northern forces moved over the Vaal after this event. +Those who remained and those who had been previously arrested were +brought to trial for high treason. One man was sentenced to death, +but the sentence was mitigated subsequently to a fine; others were +fined. These fines were again still further mitigated at the +solicitation of Messrs. Paul Kruger and Steyn, until it came to +little more than a ten-pound note apiece. + +There we have the story of President Kruger and his friends playing +exactly the part Dr. Jameson and the Johannesburg Reformers tried to +do. As Potchefstroom rose under Mr. Kruger against the oligarchical +rule of Lydenburg, so Johannesburg was to rise against Pretoria. The +Potchefstroom Republic under Pretorius and Kruger made a raid _a la_ +Jameson into the Orange Free State for political purposes, to +encourage those who were believed to be anxious to effect a +union. And just as Jameson failed against the Government of Pretoria, +so Pretorius failed against the Government of the Orange Free State. +In 1857 it was Paul Kruger not Dr. Jameson who hoisted the white +flag. The Free Staters who had tried to help Kruger's raid were +arrested just as the Johannesburgers were; but although one of them +was condemned to death all of them were released, by the intervention +of Mr. Kruger himself, on paying a slight fine. + +History has repeated itself indeed; but the offence of Dr. Jameson is +surely less than that of Mr. Kruger, if we are to pay heed to the +records of the Free State Volksraad, wherein it is written that on a +certain day the President stated in open Raad that proof had been +obtained of a proposed combined attack on the Free State by the +Transvaal Boers, led by Pretorius and Kruger on the one side, and the +Basutos under Moshesh on the other--a horrible and unnatural alliance +which was not effected only because Moshesh could not trust his +professed allies. The Raad thereupon publicly gave thanks to the +Almighty, Who had revealed and frustrated this 'hideous complot.' + + +Footnotes for Chapter VI + +{24} In the Report of the Select Committee of the House of Commons +the following questions and answers occur, Mr. Blake questioning and +Major Heany replying: + +'Having got the message you went off with it and you got in, as we +see by the evidence, as quickly as you could, and you just gave the +message as accurately as you could to Dr. Jameson?--I read the +message from my note-book absolutely accurately to Dr. Jameson. + +'And he did not lose much time in making up his mind?--No; he went +outside his tent. He was in a bell-tent when I arrived and he went +outside and walked up and down for about twenty minutes, and then he +came in and announced his determination.' + +{25} In the course of the Inquiry at Westminster, Dr. Jameson +himself took occasion to explain this reference, when answering a +question put by Mr. Sidney Buxton. + +Knowing what you do now of the position at Johannesburg, do you think +it was within their power to send out 300 mounted men?--I cannot give +an opinion upon that; I think all their actions were perfectly _bona +fide_. There is one telegram here which has been brought up against +me very unpleasantly, which I wish I had never sent, where 'fear' is +imputed in the telegram as it stands here. My explanation is that I +was irritated at the time at the trouble going on, and that I used it +inadvertently, or possibly there is a mistake in deciphering the code +word; as to that I cannot tell, but I am sorry that it should appear +so in the telegram, because I never imputed fear or cowardice to +anyone in connection with anything. + +{26} July 1899. The originals have since been photographed and +are here reproduced. + +{27} Colonel Francis Rhodes. + +{28} Lionel Phillips. + +{29} (July, 1899.) Is it not probable that the deleted figures +'2,000' in Colonel Rhodes' letter (see photograph) may account +for some of the talk about 2,000 armed men? + +{30} After the arrival in England of the officers of Dr. Jameson's +force, a report dealing with the military aspect of the expedition +was sent by Sir John Willoughby to the War Office. It has been +printed and--to a certain extent--circulated, and cannot therefore +be regarded as private. But apart from this it is a document so +peculiar--so marked by mishandling of notorious facts--that it +deserves no consideration other than it may earn on merits. It is +printed _in extenso_ with notes by a member of the Reform Committee. +See Appendix H. + +{31} See Appendix G. It will be noted that in his declarations +Commandant Cronje modifies his terms very considerably. It was +impossible for any reasonable person to accept the explanation +preferred by him, that the promise to spare the lives of the +surrendered force was only to hold good until they could be handed +over to the Commandant-General. In fact, it is well known that +Commandant Cronje only took up this attitude after an extremely +acrimonious discussion had taken place between him and Commandant +Malan--a quarrel in which they went the length of making charges +against each other in the public press of treachery and neglect of +duty whilst in the field. The Commandant Cronje referred to here is +the same gentleman who commanded the Boer forces at Potchefstroom in +the War of Independence, and his record is an extremely unpleasant +one, his conduct of operations having earned for the Potchefstroom +commando the worst reputation of any. Apart from the execution +of several British subjects who were suspected and, on wholly +insufficient grounds, summarily shot as spies, there are the +unpleasant facts that he caused prisoners of war to be placed in the +forefront of the besieging operations and compelled them to work in +the trenches in exposed positions so that they should be--and +actually were--shot by their own comrades. There was also the +incident in which he refused to allow one or two of the ladies who +were among the beleaguered garrison, and who were then in extremely +bad health, to leave the fort to obtain such food and medical +attendance as would enable them to live. One of the ladies died in +consequence. But the incident which has more bearing on Jameson's +surrender than any other is that connected with the armistice, when +Commandant Cronje, in defiance of treaty obligations, withheld from +Colonel Winslow and the besieged garrison the news that an armistice +had been arranged between the Boer and British forces, and continued +the siege until the garrison, in order to save the lives of the +wounded and the women and children refugees, were obliged to +surrender. It will be remembered that this incident was too much even +for Mr. Gladstone, and that on its becoming known after the terms of +peace had been settled, the Transvaal Government were required by Sir +Evelyn Wood to allow a British force to march up from Natal and +re-occupy Potchefstroom as a formal acknowledgment of Cronje's +treachery. Mr. Kruger and his party, who were in the greatest fear +that the settlement would not be effected, and that Sir Evelyn Wood's +action might provoke a renewal of hostilities, agreed to the terms, +but with grave apprehensions as to the results. However, no +_contretemps_ occurred. + +{32} Once when out hunting on foot--a young man then--Mr. Kruger, +after climbing to the top of a kopje, found that he had been seen by +a number of hostile natives who were then running towards him, some +to climb the hill, others branching out to surround it. He knew that +those on the flat could cut him off before he could descend and that +his only chance lay in 'bluff.' Stepping on to the outermost ledge in +full view of the enemy he calmly laid down his rifle, drew off first +one and then the other of his velschoens (home-made hide shoes, in +those poorer days worn without socks) and after quietly knocking the +sand out of them drew them on again. By this time the natives had +stopped to observe him. He then picked up his rifle again, and +turning to an imaginary force behind the kopje waved to the right and +then to the left, as though directing them to charge round each end +of the hill. The next instant the Kaffirs were in full retreat. + + + + +CHAPTER VII. + +AFTER DOORNKOP. + + +The news of Dr. Jameson's surrender was received in Johannesburg +towards mid-day, at first with derision, but as report after report +came in, each confirming and supplementing the other, no room for +doubt was left and a scene of the wildest excitement ensued. It is +not too much to say that not one person in a hundred, no matter what +his political leanings were, had doubted for a moment Dr. Jameson's +ability to force his way into Johannesburg. There is not the +slightest indication in the newspapers of the time, which without +doubt reflected every varying mood and repeated every rumour which it +was possible to catch from an excited people, that there was in any +man's mind a suspicion that the Boers would be able to stop the +invader. In the first place no one believed that they could mobilize +sufficiently quickly to oppose him, and in the second place, he was +understood to have a force of 800 men so admirably equipped and +trained that it would not be possible for 5,000 Boers hurriedly +called together to intercept him. All this, however, was forgotten +when it came to accounting for the disaster; or rather, the previous +convictions only added strength to the rage of disappointment. The +public by that time knew of the letter of invitation; it had been +taken on the battle-field and news of it was telegraphed in, and +apart from this the writers had made no secret of it. But what the +public did not know, and what, if they had known it, would not have +appealed with similar force, was the efforts made to stop Jameson and +the practical withdrawal of the letter before he had started. It +was sufficient for them during the few remaining hours of that day to +recall that Jameson had come in, that he had fought against great +odds, and that when almost reaching his goal he had been taken +prisoner for want of assistance. It is perfectly true that in their +rage of grief and disappointment men were willing to march out with +pick-handles to rescue him, if there were not rifles enough to arm +them. While the excitement lasted this was the mood, and the Reform +Committee were the scapegoats. The attitude of the crowd was due to +ignorance of the circumstances and natural emotion which could not be +otherwise vented. The excitement had greatly abated by the following +morning, and it was realized then that the position was practically +but little worse than that which the Reform Committee had offered +to take up when they tendered their persons as security for the +evacuation of the country by the invading force, and had proposed to +continue the struggle without their aid. + +The reports received by the Johannesburg people were to the effect +that the surrender had been conditional upon the sparing of the lives +of the force. Indeed the first reports agreed that Jameson upon +receipt of the High Commissioner's proclamation, had laid down his +arms; but upon the return of Mr. Lace (whose mission has been +explained) it was realized that this was not the case. A later +account showed that Jameson had surrendered to Commandant Cronje on +the condition that the lives of all should be spared, and this +version of the surrender was published in the Johannesburg +newspapers. When further accounts were received from Pretoria and +Krugersdorp, stating that the surrender had been unconditional and +that there was grave doubt as to what would be done with Dr. Jameson, +it was surmised as an explanation that he had declined to bargain for +his own life and had merely stipulated that those of his followers +should be spared. + +On Friday the news that it was contemplated to shoot Dr. Jameson +caused a frenzy of horror and excitement in the town. Every effort +was made by the Reform Committee and its supporters to maintain +strictly the position which the Government had suggested through +their Commission on Wednesday, lest some untoward incident should +turn the trembling balance against Dr. Jameson and his men; nor were +the Committee alone in the desire to maintain that position. On +Friday and on Saturday communications were received from the local +Government officials, and from Commandant-General Joubert through the +British Agent, drawing the attention of the Committee to alleged +breaches of the arrangement. The allegations were satisfactorily +disproved; but the communications clearly indicated that the +Government were most desirous of maintaining the position in relation +to Johannesburg which they had laid down before the first battle with +Dr. Jameson's forces. + +Information was received on Thursday that the High Commissioner would +leave Capetown for Pretoria at 9 p.m. that night. It had been a +matter of surprise that, the arrangement having been entered into +with him early on Wednesday, he had not found it convenient to start +for some thirty-six hours. Considering how seriously he had +interfered with the movement--first by his proclamation, and next by +concerted action with the Government for a peaceful settlement--it +had been naturally assumed that he would not lose a moment in leaving +Capetown for the scene of trouble. Such however was not the case. + +It has been alleged that the arrangement made between the Transvaal +Government and the High Commissioner with a view to a peaceful +settlement bore only upon Dr. Jameson's action, and that it was not +contemplated that there should be any interference between the +Government and its own subjects in Johannesburg. In answer to this it +may be noted that the High Commissioner had in the first place +offered his services, and that those services had been declined by +the Transvaal Government; but that the latter, on realizing the +seriousness of the position which they were called upon to face, and +acting, it is stated, upon the advice of Mr. J.H. Hofmeyr, the +recognized leader of the Dutch Africanders in the Cape Colony, +reconsidered this refusal and urgently besought the High Commissioner +to go up to Pretoria and use his influence to effect a peaceful +settlement. This arrangement, together with the promise of the +redress of grievances, had been made known to the deputation of the +Reform Committee by the Government Commission in Pretoria, as has +already been stated--the Government well knowing that Johannesburg +was in arms and a party to the arrangement with Dr. Jameson. + +Dr. Jameson surrendered at 9.30 a.m. on Thursday. The High +Commissioner did not leave Capetown until 9 p.m. the same day. There +had therefore been ample time for the Government to intimate to him +their opinion that matters had been satisfactorily settled and that +they did not need his services any longer, had they held such an +opinion. As a matter of fact, that was by no means their opinion. +They considered that they had yet to deal with 20,000 armed men in +Johannesburg, and that they had to do that, if possible, without +provoking a civil war, which would inevitably result in the long-run +to their disadvantage, however great their success might be over the +Johannesburg people in the meantime. They not only allowed the High +Commissioner to proceed to Pretoria on the understanding originally +effected, but they took steps to remind the Reform Committee on +several occasions that they were expected to adhere to the +arrangement entered into. And such was the position when the High +Commissioner arrived on the night of Saturday, the 4th. + +Sir Hercules Robinson proceeded direct to Pretoria, but did not +transact any business until Monday, abstaining, in deference to the +feelings of the Boers, from any discussion of business matters on the +Sabbath. On Sunday, however, he received information from the Reform +Committee as to the arrangements entered into with the Government. He +was also informed that threats had been made by persons who without +doubt were speaking the mind of the Government, that if any trouble +should take place with Johannesburg Dr. Jameson and probably many of +his comrades would be shot. It was not stated that the Transvaal +Government or authorities would officially countenance any such act +or would authorize it even as the result of a trial; but the +statement which was made by everyone from the President downward was +that, in the event of any fighting in Johannesburg, the burghers +would be so much enraged and so beyond control that the prisoners who +had caused all the trouble would inevitably be shot. It is a part +of Boer diplomacy to make as much use as possible of every weapon +that comes to hand without too great a regard for the decencies of +government as they occur to the minds of every civilized people, and +it is not at all unusual to find the President proclaiming at one +moment that some course must be taken to prevent disaster, for the +reason that he cannot be answerable for his burghers in their excited +state, and at another moment indignantly repudiating the suggestion +that they would be guilty of any step that could be considered +unworthy of the most civilized of peoples. In fact such exhibitions +were repeatedly given by him at a later stage when dealing with the +Reform prisoners. + +Before any communication was received from the High Commissioner on +Monday messages had been received by the members of the Reform +Committee to the effect that the laying down of arms would be +absolutely necessary to ensure the safety of Jameson and his men. The +Reform Committee had then learnt that the two messengers sent to stop +Dr. Jameson--Major Heany and Captain Holden--had reached him, and had +come in with him, and were at that moment prisoners with him in +Pretoria. They had also heard of the reception accorded to Sir +Jacobus de Wet's despatch and the High Commissioner's proclamation, +so that it was abundantly clear that the incursion had been made in +defiance of the wishes of the leaders, whatever other reasons there +might have been to prompt it. But the public who constituted the +movement were still under the impression that Dr. Jameson was a very +fine fellow who had come in in a chivalrous manner to help those whom +he had believed to be in distress. There was however no division of +opinion as to what should be done; even those who felt most sore +about the position in which they had been placed did not hesitate for +a moment. The first and for the time being the only consideration was +the safety of Dr. Jameson and his comrades. + +The events and negotiations of the days preceding the arrest of the +Reformers have been the subject of so much discussion and so much +misunderstanding that it will be better as far as possible to compile +the history from original documents or the published and properly +authenticated copies. In Blue Book [C. 7,933] the following is +published: + +SIR HERCULES ROBINSON (Pretoria) to MR. CHAMBERLAIN. + +(_Telegraphic. Received 1.8 a.m., 6th January, 1896._) + +_5th January_. No. 3.--Arrived here last night. Position of affairs +very critical. On side of Government of South African Republic and of +Orange Free State there is a desire to show moderation, but Boers +show tendency to get out of hand and to demand execution of Jameson. +I am told that Government of South African Republic will demand +disarmament of Johannesburg as a condition precedent to negotiations. +Their military preparations are now practically complete, and +Johannesburg, if besieged, could not hold out, as they are short of +water and coal. On side of Johannesburg leaders desire to be +moderate, but men make safety of Jameson and concession of items in +manifesto issued conditions precedent to disarmament. If these are +refused, they assert they will elect their own leaders and fight it +out in their own way. As the matter now stands, I see great +difficulty in avoiding civil war; but I will do my best, and +telegraph result of my official interview to-morrow. It is said that +President of South African Republic intends to make some demands with +respect to Article No. 4 of the London Convention of 1884. + +MR. CHAMBERLAIN to SIR HERCULES ROBINSON. + +(_Telegraphic. January 6, 1896._) + +_6th January_. No. 3.--It is reported in the press telegrams the +President of the South African Republic on December 30 held out +definite hopes that concessions would be proposed in regard to +education and the franchise. No overt act of hostility appears to +have been committed by the Johannesburg people since the overthrow of +Jameson. The statement that arms and ammunition are stored in that +town in large quantities may be only one of many boasts without +foundation. Under these circumstances, active measures against the +town do not seem to be urgently required at the present moment, and I +hope no step will be taken by the President of the South African +Republic liable to cause more bloodshed and excite civil war in the +Republic. + +These are followed in the same volume by No. 89: + +SIR HERCULES ROBINSON (Pretoria) to MR. CHAMBERLAIN. + +(_Telegraphic. Received 7th January, 1896._) + +_6th January_. No. 2.--Met President South African Republic and +Executive Council to-day. Before opening proceedings, I expressed on +behalf of Her Majesty's Government my sincere regret at the +unwarrantable raid made by Jameson; also thanked Government of South +African Republic for the moderation shown under trying circumstances. +With regard to Johannesburg, President of South African Republic +announced decision of Government to be that Johannesburg must lay +down its arms unconditionally as a precedent to any discussion and +consideration of grievances. I endeavoured to obtain some indication +of the steps that would be taken in the event of disarmament, but +without success, it being intimated that Government of South African +Republic had nothing more to say on this subject than had been +already embodied in proclamation of President of South African +Republic. I inquired as to whether any decision had been come to as +regards disposal of prisoners, and received a reply in the negative. +President of South African Republic said that, as his burghers, to +number of 8,000, had been collected, and could not be asked to remain +indefinitely, he must request a reply, 'Yes' or 'No,' to this +ultimatum within twenty-four hours. I have communicated decision of +South African Republic to Reform Committee at Johannesburg through +British Agent in South African Republic. + +The burgher levies are in such an excited state over the invasion of +their country that I believe President of South African Republic +could not control them except in the event of unconditional +surrender. I have privately recommended them to accept ultimatum. +Proclamation of President of South African Republic refers to promise +to consider all grievances which are properly submitted, and to lay +the same before the Legislature without delay. + +On January 7 Mr. Chamberlain replied: + +No. 1.--I approve of your advice to Johannesburg. Kruger will be wise +not to proceed to extremities at Johannesburg or elsewhere; otherwise +the evil animosities already aroused may be dangerously excited. + +And on the same day Sir Hercules Robinson telegraphed: + +No. 1.--Your telegram of January 6, No. 2. It would be most +inexpedient to send troops to Mafeking at this moment, and there is +not the slightest necessity for such a step, as there is no danger +from Kimberley volunteer corps or from Mafeking. I have sent De Wet +with ultimatum this morning to Johannesburg, and believe arms will be +laid down unconditionally. I understand in such case Jameson and all +prisoners will be handed over to me. Prospect now very hopeful if no +injudicious steps are taken. Please leave matter in my hands. + +On Monday Sir Jacobus de Wet, acting under the instructions of the +High Commissioner, telegraphed from Pretoria to the Reform Committee, +Johannesburg, informing them that the High Commissioner had seen the +President and Executive that morning, that he had been informed that +as a condition precedent to the discussion and consideration of +grievances the Government required that the Johannesburg people +should lay down their arms; and that the Government gave them +twenty-four hours--from 4 p.m. that day--in which to accept or reject +that ultimatum. The Committee replied that it would receive their +earnest consideration. + +Notwithstanding the fact that such a condition had been anticipated +the ultimatum was very unfavourably received, a large number of those +present protesting that the Uitlanders were being led little by +little into a trap, that the Boers as was their wont would never keep +faith with them, that in the end they would find themselves +betrayed, and that it would be better at no matter what cost to make +a fight for it and attempt to rescue Dr. Jameson and his party. The +last suggestion was a mad one, and after some consideration, and +hearing the representations of Sir Sidney Shippard and Mr. Seymour +Fort, who had been in communication with the High Commissioner on the +previous day in Pretoria and were used by him as unofficial agents, +the matter was more calmly considered by the Committee. It was very +well realized that a struggle between Johannesburg and the Boer +forces would have been an absolutely hopeless one for those who took +part in it, but there was a determination to secure the objects for +the attainment of which the agitation had been started, and it was +believed that if a firm stand were taken, such was the justice of the +cause of the Uitlanders that the Government would not be able to +refuse definite terms as to what reforms they would introduce, +besides assuring the safety of Dr. Jameson. + +While the discussion was proceeding another telegram was received +from the British Agent saying that, under instructions from the High +Commissioner, he was proceeding in person to Johannesburg to meet the +Reform Committee and explain matters to them. The meeting took place +on the morning of Tuesday, and Sir Jacobus de Wet pointed out to the +Committee the perilous position in which Dr. Jameson and his comrades +were placed, owing to the hesitation of the Uitlanders to accept the +ultimatum of the Government. He read again and again the following +telegram from the High Commissioner, which had been despatched from +Pretoria early that morning and received by the British Agent in +Johannesburg when on his way to meet the Reform Committee: + +_Urgent_.--You should inform the Johannesburg people that I consider +that if they lay down their arms they will be acting loyally and +honourably, and that if they do not comply with my request they +forfeit all claim to sympathy from Her Majesty's Government and from +British subjects throughout the world, as the lives of Jameson and +the prisoners are now practically in their hands. + +In reply to remarks about grievances, Sir Jacobus de Wet stated that +the Uitlanders could not expect under the circumstances anything +more favourable than the discussion and consideration of the +grievances with the High Commissioner, as had been promised, and +added that, if there were any spirit of reason in the community at +all, they would be content to leave their case in the hands of so +experienced a statesman as Sir Hercules Robinson, a man whose +instinct and training were towards fair and decent government. + +In the course of a very long discussion, Sir Jacobus de Wet was asked +if he did not consider the Boer Government capable of an act of +treachery such as disarming the community and then proceeding to +wreak their vengeance upon those whom they might consider responsible +for the agitation. According to the evidence of a number of those who +were present, his reply was that 'not a hair of the head of any man +in Johannesburg would be touched.' The discussion was resumed at +various times and in various forms, when different groups of men had +opportunities of questioning the British Agent themselves. When +questioned again more definitely as to whether this immunity would be +extended to the leaders--those who had signed the letter--Sir Jacobus +de Wet replied again in the affirmative. To another member, who had +asked the same question in another form, he said 'Not one among you +will lose his personal liberty for a single hour. John Bull would +never allow it.' In reply to the remark, 'John Bull has had to put up +with a good deal in this country. What do you mean by "John Bull"?' +he answered, 'I mean the British Government could not possibly allow +such a thing.' + +It would have been an easy and no doubt a proper and reasonable +precaution had the Reformers insisted upon a statement in writing of +the terms upon which they laid down their arms. There were however +two considerations which weighed against any bargain of this sort. +The first was the overwhelming and paramount consideration of +insuring Dr. Jameson's safety; and the other was the belief (not +seriously shaken by suggestions to the contrary) that the Government +would be obliged to abide by the spirit of the terms arranged on +January 1, because the High Commissioner would insist upon it as the +vital condition under which he was endeavouring to effect the +disarmament of Johannesburg. That Sir Hercules Robinson well +realized his responsibility to the Uitlander, but found it +inconvenient or impossible to accept it at a later stage, is shown by +his own reports. On January 7 he telegraphed to Mr. Chamberlain as +follows: + +_Your telegram No. 3 of January 6. I need now only say that I have +just received a message from Reform Committee resolving to comply +with demand of South African Republic to lay down their arms; the +people placing themselves (? and) their interests unreservedly in my +hands in the fullest confidence that I will see justice done to them. +I have received also the following from British agent, dated 7th +January:_ + +_Begins:_ I have sent the following telegram to His Honour the +President: + +I have met the Reform Committee. Am gratified with the spirit shown +in the discussion of the all-important present position. The +Committee handed me the following resolution--_Begins:_ The Reform +Committee in Johannesburg, having seriously considered the ultimatum +of the Government of the South African Republic communicated to them +through Her Majesty's Agent at Pretoria, in a telegram dated 6th +instant, to the effect that Johannesburg must lay down its arms as a +condition precedent to a discussion and consideration of grievances, +have unanimously decided to comply with this demand, and have given +instructions to the citizens employed by this Committee for +maintaining good order to lay down their arms. In coming to this +determination, the Committee rely upon the Government that it will +maintain law and order, and protect life and property in this town at +this critical juncture. The Committee have been actuated by a +paramount desire to do everything possible to ensure the safety of +Dr. Jameson and his men, _to advance the amicable discussion of terms +of settlement with the Government, and to support the High +Commissioner in his efforts in this respect_. The Committee would +draw the attention of the Government of the Republic to the presence +of armed burgher forces in the immediate vicinity of this town, and +would earnestly desire that these forces be removed in order to avoid +all risk of any disturbance of the public peace. _Resolution ends_. I +wish to add to my above remarks that I feel convinced there will be +no further difficulty in connection with the laying down of their +arms. I would suggest that the Government co-operate with the Reform +Committee for a day or two for the purpose of restoring the town to +its normal state. This will only take a day or two, and those who are +excited among the people will by that time have calmed down, and the +police can resume their ordinary duties. The Committee will +co-operate in this matter. This course will very much facilitate the +task of your Government if it meets with your approval. _Ends_. + +The High Commissioner concluded the above telegram with the following +significant sentence: + +_I hope now to be able to confer with President of the South African +Republic and Executive Council as to prisoners and the redress of +Johannesburg grievances_. + +On the 8th he again telegraphed: + +Referring to your telegram of the 7th inst., No. 1, I consider that +so far throughout this matter Kruger has behaved very well. He +suspended hostilities pending my arrival, when Johannesburg was at +his mercy; and in opposition to a very general feeling of the +Executive Council and of the burghers who have been clamouring for +Jameson's life, he has now determined to hand over Jameson and the +other prisoners. If Jameson had been tried here there can be no doubt +that he would have been shot, and perhaps some of his colleagues +also. The excitement of the public is now calmed down. + +I shall try to-day to make arrangements with Kruger as to taking over +the prisoners, and _I will confer with him as to redressing the +grievances of the residents of Johannesburg on the basis of your +telegram of the 4th inst. I have given Kruger a copy of that +telegram._' + +And later on the same day: + +Since my telegram No. 1 of this morning, matters have not been going +so smoothly. When the Executive Council met, I received a message +that only 1,814 rifles and three Maxim guns had been surrendered, +which the Government of the South African Republic did not consider a +fulfilment of the ultimatum, and orders would be immediately issued +to a commando to attack Johannesburg. I at once replied that the +ultimatum required the surrender of guns and ammunition for which no +permit of importation had been obtained, and that onus rested with +Transvaal Government to show that guns and ammunition were concealed +for which no permit had been issued. If before this was done any +hostile step were taken against Johannesburg, I should consider it to +be a violation of the undertaking for which I had made myself +personally responsible to the people of Johannesburg, and I should +leave the issue in hands of Her Majesty's Government. This had a +sobering effect, and the order for the attack on Johannesburg was +countermanded, and it was arranged that the Transvaal officials +should accompany Her Majesty's Agent to Johannesburg and point out to +him if they could where arms were concealed. Her Majesty's Agent left +at 1 p.m. to-day for Johannesburg for this purpose. + +The explanation of the change, I take it, is that Kruger has great +difficulties to contend with among his own people. The apparent +object is to prove that people of Johannesburg have not fulfilled the +conditions which were to precede the handing over of the prisoners +and consideration of grievances. I should not be surprised if, before +releasing the prisoners or redressing grievances, an attempt were now +made to extort an alteration of the London Convention of 1884, and +the abrogation of Article No. 4 of that instrument. _I intend, if I +find that the Johannesburg people have substantially complied with +the ultimatum, to insist on the fulfilment of promises as regards +prisoners and consideration of grievances_, and will not allow at +this stage the introduction of any fresh conditions as regards the +London Convention of 1884. Do you approve? + +The Reform Committee published the following official notice on +Tuesday afternoon: + +The Reform Committee notify hereby that all rifles issued for the +defence of life and property in town and the mines are to be returned +at once to the Central Office in order to enable the Committee to +carry out the agreement with the Government, upon the faithful +observance of which so much is dependent. + +The Committee desire to make it known that late last night they +received an intimation from Her Majesty's Agent in Pretoria to the +effect that the decision of the Government was that Johannesburg must +lay down its arms as a condition precedent to the discussion and +consideration of grievances. + +The Committee met this morning to consider the position, and it was +unanimously resolved to accept the ultimatum of the Government for +reasons which the following communications sufficiently explain: + +Here followed the High Commissioner's telegram to Sir Jacobus de Wet, +urging disarmament, already given, and the following memorandum: + +Sir Jacobus de Wet, Her Majesty's Agent at Pretoria, has notified to +the Committee that he has been officially informed by the Government +in Pretoria that upon Johannesburg laying down its arms Dr. Jameson +will be handed over to Her Majesty's High Commissioner. + + By Order. + + Johannesburg, _7th January._ + The above is correct. + J.A. DE WET, + H.B.M. Agent. + +The Committee can add nothing to the above, and feel that there will +not be one man among the thousands who have joined the Reform +movement who will not find it consistent with honour and humanity to +co-operate loyally in the carrying out of the Committee's decision. + + By order of the Committee. + +On Wednesday the investigations effected by the Government, with the +aid of the Reform Committee, established the fact that the ultimatum +had been complied with; but the juggling with Dr. Jameson's life +continued for some days. On Thursday the 9th the High Commissioner +received a communication from the President in which occurred the +following sentence: 'As I had already caused your Excellency to be +informed, it is really my intention to act in this sense (_i.e._, +hand over Dr. Jameson and men), so that Dr. Jameson and the British +subjects who were under his command may then be punished by her +Majesty's Government, and I will make known to your Excellency the +final decision in this matter _as soon as Johannesburg shall have +reverted to a condition of quietness and order_.' + +In the face of this and many other significant messages and +expressions which reached Sir Hercules Robinson, it is not to be +wondered at that he considered Dr. Jameson's life to be in peril, and +that he regarded, as he distinctly said he did, disarmament by +Johannesburg as the only means of saving him; but what is less +pardonable is, that he did not pin President Kruger to this, and +demand an explanation when it became known that Jameson and his men +were secured by the conditions of the surrender. The truth is that +the wily old Boer President, by a species of diplomacy which does not +now commend itself to civilized people, managed to jockey everybody +with whom he had any dealings. He is much in the position of a +certain financier who, after a vain effort to justify his +proceedings, turned at last in desperation upon his critics and said: +'Well, I don't care what view you hold of it. You can have the +morality, but I've got the cash.' + +Late in the evening of the 9th the following proclamation was +published: + +Whereas by resolution of the Government of the South African +Republic, dated Monday, the 6th of January, 1896, whereby to all +persons at Johannesburg and suburbs twenty-four hours were granted to +hand over and to lay down to the Government unconditionally all arms +and ammunition for which no permit could be shown, and + +Whereas the said period of twenty-four hours has already expired on +Tuesday, the 7th of January, 1896, and whereas the so-called Reform +Committee and other British subjects have consented and decided to +comply unconditionally with the resolution of the Government, and + +Whereas sundry persons already have laid down their arms and +ammunition, and have handed them over to the Government, and + +Whereas the laying down and giving over of the said arms and +ammunition is still proceeding, and + +Whereas it is desirable and proper that this be done as soon as +possible, and in a proper way, and that a term be fixed thereto, + +Now I, Stephanus Johannes Paulus Kruger, State President of the South +African Republic, with the advice and consent of the Executive +Council, by virtue of Article 5 of their minutes, dated 9th January, +1896, proclaim that further time will be given for that purpose until +FRIDAY, the 10th JANUARY, 1896, at 6 p.m. + +All persons or corporations with whom, after the expiration of that +period, arms or ammunition will be found, for which no permit granted +by Government can be shown, will be dealt with according to law; and + +Whereas the laying down and handing over of the said arms and +ammunition should have been effected unconditionally, + +Now I further proclaim that all persons who have already laid down +and given over the said arms and ammunition, or who shall have done +so before Friday, the 10th January, 1896, at 6 p.m., shall be +exempted from all prosecution, and will be forgiven for the misdeeds +that have taken place at Johannesburg and suburbs, _except all +persons and corporations who will appear to be the chief +offenders, ringleaders, leaders, instigators, and those who have +caused the rebellion at Johannesburg and suburbs_. + +Such persons and corporations shall have to answer for their deeds +before the legal and competent courts of this Republic. + +I further proclaim that I will address the inhabitants of +Johannesburg to-morrow by a separate proclamation. + +_God save Land and People._ + +Given under my hand at the Government Office at Pretoria on this +Ninth Day of January, in the Year One Thousand Eight Hundred and +Ninety-six. + + S.J.P. KRUGER, + _State President_. + C. VAN BOESCHOTEN, + _Acting State Secretary_. + +The grim, cautious method of the President was never better +illustrated than by these proclamations and the concurrent actions. +In no part of his diplomatic career has he better stage-managed the +business than he did here. To the world at large these addresses +commend themselves no doubt as reasonable and moderate, and they +establish a record which will always speak for him when the +chronology of events is lost; but the true worth of it all is only +appreciated when one realizes that the first proclamation extending +the time for disarmament, and promising amnesty to all except the +leaders, was not issued until two days after the Government had +satisfied themselves that the disarmament had been completed, and +that it was deliberately held back until the police and burghers were +in the outskirts of the town ready to pounce upon the men with whom +they had been treating. It is an absolute fact that the Reform +Committee-men, who had offered to effect the peaceful settlement +seemingly desired by all parties, who had used every means in their +power to convince the Government that disarming was being effected in +a _bona fide_ and complete manner, and who had themselves supplied +the Government in good faith with any documents they had showing the +number of guns and the amount of ammunition which had been at the +disposal of the Reform Committee, had not the remotest suspicion that +an act of treachery was in contemplation, nor any hint that the +Government did not regard them as amnestied by virtue of the +negotiations; and it is a fact that when the proclamation of the 9th +was issued the detectives were waiting at the clubs, hotels and +houses to arrest the members of the Reform Committee, and that +the Reformers did not know of the proclamation exempting them from +the 'Forgive and Forget' until after they had been seized. + +On the 10th the address promised to the inhabitants of Johannesburg +duly appeared. + +After reviewing recent events, it concluded with this appeal: + +Now I address you with full confidence! Strengthen the hands of the +Government, and work together with them to make this Republic a +country where all inhabitants, so to say, live fraternally together. +For months and months I have thought which alterations and +emendations would be desirable in the Government of this State, but +the unwarrantable instigations, especially of the Press, have kept me +back. The same men who now appear in public as the leaders have +demanded amendments from me in a time and manner which they should +not have dared to use in their own country out of fear of the penal +law. Through this it was made impossible for me and my burghers, the +founders of this Republic, to take your proposals into consideration. +It is my intention to submit a draft law at the first ordinary +session of the Volksraad, whereby a municipality with a Mayor at its +head will be appointed for Johannesburg, to whom the whole municipal +government of this town will be entrusted. According to all +constitutional principles, such a municipal council should be +appointed by the election of the inhabitants. I ask you earnestly, +with your hand upon your heart, to answer me this question: Dare I, +and should I, after all that has happened, propose such to the +Volksraad? What I myself answer to this question is, I know that +there are thousands in Johannesburg to whom I can with confidence +entrust this right to vote in municipal matters. Inhabitants of +Johannesburg, make it possible for the Government to appear before +the Volksraad with the motto, 'Forget and Forgive.' + + (Signed) S.J.P. KRUGER, + _State President_. + +One would think that anyone gifted with even a moderate sense of +humour would have been restrained by it from issuing a second +proclamation on top of the elaborate fooling of the first. Is it +possible to imagine any other community or any other Government in +the world in which the ruler could seriously set to work to +promulgate two such proclamations, sandwiching as they did those acts +which may be regarded as the practical expression--diametrically +opposed to the published expression--of his intentions? + +In the meantime the negotiations concerning Dr. Jameson were dragging +on. After securing the disarmament of Johannesburg and getting rid of +the troublesome question of the disposal of Jameson, and after +refusing for several days (to quote the gist of the High +Commissioner's telegram, Blue Book No. 125 [C-7933]) to allow the +necessary arrangements for the deportation of the men to be made, Mr. +Kruger suddenly called upon the High Commissioner to have them +removed at once, intimating at the same time that it was the decision +of the Executive that all the prisoners, except the Transvaal and +Free State subjects, whom he would retain, should be sent to England +to be tried according to English law. It was pointed out that it was +only contemplated to send the officers for trial. To this Mr. Kruger +replied: 'In such case the whole question must be reconsidered.' +The High Commissioner at once telegraphed for the decision of Her +Majesty's Government, stating that it was the opinion of Sir Jacobus +de Wet and Sir Graham Bower, who had represented him at the interview +with the Transvaal Government, that, if the whole lot were not sent +home to be dealt with according to English law, they would be tried +in Pretoria, with a result which he feared would be deplorable. To +this Mr. Chamberlain replied: + +Astonished that Council should hesitate to fulfil the engagement +which we understood was made by President with you, and confirmed by +the Queen, on the faith of which you secured disarmament of +Johannesburg. Any delay will produce worst impression here, and may +lead to serious consequences. I have already promised that all the +leaders shall be brought to trial immediately; but it would be absurd +to try the rank and file, who only obeyed orders which they could not +refuse. If desired we may however engage to bring to England all who +are not domiciled in South Africa; but we cannot undertake to bring +all the rank and file to trial, for that would make a farce of the +whole proceedings, and is contrary to the practice of all civilized +Governments. As regards a pledge that they shall be punished, the +President will see on consideration that although a Government can +order a prosecution, it cannot in any free country compel a +conviction. You may remind him that the murderers of Major Elliott, +who were tried in the Transvaal in 1881, were acquitted by a jury of +burghers. Compare also the treatment by us of Stellaland and other +freebooters. + +The result of this communication was that the President drew in his +horns and agreed that if the prisoners were deported to England he +would be satisfied to let the British Government decide which of them +should be prosecuted. + +The success of his diplomatic methods had whetted his appetite, it +would appear. He was not content with the conditional surrender of +Dr. Jameson, nor--having suppressed the fact that it was +conditional--with having used him for the purpose of disarming +Johannesburg; but, having achieved both purposes, Mr. Kruger was +still desirous of keeping him in hand. This however was a length to +which the British Government did not see fit to go; but there is no +evidence in the correspondence which has passed tending to show that +even then Sir Hercules Robinson perceived how he was being made use +of and played with by the President. + +On the night of the 9th and the morning of the 10th, the members of +the Reform Committee to the number of about sixty were arrested and +lodged in gaol; and from this moment the High Commissioner appears to +have erased them from the tablets of his memory. On January 14 he +telegraphed to Mr. Chamberlain as follows: + +I have received a letter from Government of South African Republic, +stating that, in their opinion, every reason exists for assuming that +the complications at Johannesburg are approaching to an end, and that +there need be no longer any fear of further bloodshed. The President +of the South African Republic and Executive Council tender to me the +warmest thanks of the Government of the South African Republic for +the assistance I have been able to render in preventing further +bloodshed, and their congratulations on the manner in which my object +in coming has been fulfilled. They tender also their cordial +acknowledgment of the services rendered by the British Agent at +Pretoria, which I think is fully deserved. The Volksraad met +yesterday, and adjourned until May, the only business transacted +being a vote of thanks to the Orange Free State and the High +Commissioner for their efforts in promoting a peaceful settlement, +which was carried by acclamation. I now only await settlement of +prisoners' difficulty to leave for Capetown, where my presence is +urgently needed in consequence of change of Ministers. Governor of +Natal and General Cox are here, to whom I will give instructions as +to reception and disposal of prisoners as soon as I hear from you. + +To this Mr. Chamberlain telegraphed a most important reply on January +15: + +I am left in great perplexity by your telegram No. 3, of the 14th +inst., and fear that some previous telegrams must have miscarried. +(Here follow directions to refer to a number of telegrams in which +Mr. Chamberlain had indicated the settlement which he anticipated, +the nature of the reforms which Sir Hercules Robinson was to secure, +and many inquiries as to the reason for the arrests of the reformers +as reported in the English papers.) I have received no reply to any +of these telegrams, but have assumed that negotiations were in +progress between the President and yourself. + +There can be no settlement until the questions raised by these +telegrams are disposed of. The people of Johannesburg laid down their +arms in the belief that reasonable concessions would be arranged by +your intervention; and until these are granted, or are definitely +promised to you by the President, the root-causes of the recent +troubles will remain. + +The President has again and again promised reform, and especially on +the 30th December last, when he promised reforms in education and +franchise; and grave dissatisfaction would be excited if you left +Pretoria without a clear understanding on these points. Her Majesty's +Government invite President Kruger, in the interests of the South +African Republic and of peace, to make a full declaration on these +matters. I am also awaiting a reply respecting the alleged wholesale +arrests of English, Americans and other nationalities, made after the +surrender of Johannesburg. + +It will be your duty to use firm language, and to tell the President +that neglect to meet the admitted grievances of the Uitlanders by +giving a definite promise to propose reasonable concessions would +have a disastrous effect upon the prospects of a lasting and +satisfactory settlement. + +Send me a full report of the steps that you have already taken with +regard to this matter, and of the further action that you propose. + +In the meantime Sir Hercules Robinson left Pretoria, satisfied that +he had done all that was necessary, and telegraphed to Mr. +Chamberlain as follows: + +FROM THE HIGH COMMISSIONER _en route_ TO CAPETOWN. + +_15th January_, 1896. No. 1.--Your telegram 13 January, No. 1, only +reached me last night, after I had left Pretoria. I could if you +consider it desirable, communicate purport to President of South +African Republic by letter, but I myself think such action would be +inopportune at this moment. Nearly all leading Johannesburg men are +now in gaol, charged with treason against the State, and it is +rumoured that Government has written evidence of a long-standing and +widespread conspiracy to seize government of country on the plea of +denial of political privileges, and to incorporate the country with +that of British South Africa Company. The truth of these reports will +be tested in the trials to take place shortly in the High Court, and +meanwhile to urge claim for extended political privileges for the +very men so charged would be ineffectual and impolitic. President of +South African Republic has already promised municipal government to +Johannesburg, and has stated in a proclamation that all grievances +advanced in a constitutional manner will be carefully considered and +brought before the Volksraad without loss of time; but until result +of trials is known nothing of course will now be done. + +Mr. Chamberlain replied to the above: + +_15th January_. No. 5.--Referring to your telegram, No. 1, of the +15th January, see my telegram No. 1 of to-day, which was sent before +receipt of yours. I recognize that the actual moment is not opportune +for a settlement of the Uitlanders' grievances, and that the position +of the President of the South African Republic may be an embarrassing +one, but I do not consider that the arrest of a few score individuals +out of a population of 70,000 or more, or the supposed existence of a +plot amongst that small minority, is a reason for denying to the +overwhelming majority of innocent persons reforms which are just in +themselves and expedient in the interests of the Republic. Whatever +may be said about the conduct of a few individuals, nothing can be +plainer than that the sober and industrious majority refused to +countenance any resort to violence, and proved their readiness to +obey the law and your authority. I hope, therefore, to hear at an +early date that you propose to resume discussion with President of +South African Republic on lines laid down in my previous telegrams. I +do not see that the matter need wait until the conclusion of the +trial of the supposed plotters. I am anxious to receive the +information asked for in my telegram No. 1 of the 14th January. +Please communicate at once with the President on this matter. + +The following is the telegram to which allusion is made above: + +_14th January_. No. 1.--Press telegrams state numerous arrests of +leading residents on the Rand, including many Americans, Germans, and +other nationalities. Fear that number of these arrests of active +managers, representatives, may disorganize industry on the Rand. Wish +to know of what accused, when brought to trial, whether bail allowed, +and what penalities prescribed by law. Shall be glad to learn from +President of South African Republic what his intentions are in this +matter, which affects the subjects of so many States. Propose to +communicate President's reply to American and Belgian Governments, +which have already asked us to take charge of interests of their +respective citizens. + +Sir Hercules Robinson, replied: + +_15th January_. No. 2.--Your telegram of 14th January, No. 1. The +accused are between fifty and sixty in number, and are mostly members +of the Reform Committee. They have been arrested on charge of +treason, and of seeking to subvert the State by inviting the +co-operation and entrance into it of an armed force. The proceedings +are based, I understand, on sworn information, and the trials will +take place before High Court. The accused are being well treated, and +are represented by able counsel. It is alleged that Government has +documentary evidence of a widespread conspiracy to seize upon +Government, and make use of the wealth of the country to rehabilitate +finances of British South Africa Company. On taking leave of +President of South African Republic, I urged on him moderation as +regards the accused, so as not to alienate the sympathy he now enjoys +of all right-minded persons. Bail is a matter entirely in the hands +of Attorney-General. The Government seem acting within their legal +rights, and I do not see how I can interfere. Mines are at work, and +industry does not seem to be disorganized. + +While still on his way to Capetown, the High Commissioner telegraphed +to Mr. Chamberlain again in a manner indicating his complete +abandonment of the position taken up by him in relation to +Johannesburg--in fact, his repudiation of what his own words have +recorded against him: + +_16th January_. No. i.--Your telegram of 15th January, No. 1, +received. I cannot at this moment follow the complications arising +from supposed missing and crossing telegrams, but can only say that +no telegram which has reached me from you has remained unanswered. + +No promise was made to Johannesburg by me as an inducement to disarm, +except that the promises made in the President's previous +proclamation would be adhered to, and that Jameson and the other +prisoners would not be transferred until Johannesburg had +unconditionally laid down its arms and surrendered. I sent your long +telegram of 4th January to President; _but the question of +concessions to Uitlanders has never been discussed between us_. +Pending result of coming trials, and the extent to which Johannesburg +is implicated in the alleged conspiracy to subvert the State is made +clear, the question of political privileges would not be entertained +by Government of the South African Republic. + +He justified the change of policy in another communication addressed +to Mr. Chamberlain before he reached Capetown: + +_16th January_. No. 3.--Your telegram of the 15th January, No. 5. If +you will leave the matter in my hands, I will _resume_ advocacy of +Uitlanders' claims at the first moment I think it can be done with +advantage; the present moment is most inopportune, as the strongest +feeling of irritation and indignation against the Uitlanders exists +both amongst the Burghers and Members of Volksraad of both Republics. +Any attempt to dictate in regard to the internal affairs of South +African Republic at this moment would be resisted by all parties in +South Africa, and would do great harm. + +I have already replied in my telegram of 15th January, No. 2, in +answer to your telegram of 14th January, No. 1, and I do not think it +possible to obtain further information at this stage, the matter +being _sub judice_. + +Sir Hercules Robinson left Pretoria on the 14th, having resided +within a few hundred yards of Dr. Jameson and his comrades for a +week, and of the Reform prisoners for four days, without making any +attempt whatever to ascertain their circumstances or story. During +that time his military secretary called upon Dr. Jameson for the +purpose of finding out details of the prisoners and wounded of the +force, but made no further inquiries. Dr. Jameson's solicitor wrote +to the Colonial Office on March 5: + +MY DEAR FAIRFIELD, + +You have probably seen the cable that has come to the _Diggers' +News_, giving the lie direct to Sir John Willoughby's statement +respecting terms of surrender. + +I have seen Sir John again, and am authorized by him to state, with +regard to the criticism that it is incredible that nothing should +have been said by the officers when in prison at Pretoria to anybody +about the terms of surrender, that it must be remembered that from +the time of the surrender until they left Africa none of them were +allowed to make any communication. While in gaol they were not +allowed to see newspapers or to receive any news of what was going on +in Pretoria or elsewhere. + +Sir J. Willoughby made a statement to the head gaoler and other +officials at the time of his arrival at the gaol when he was searched +and all his papers taken from him. He requested to be allowed to keep +the document signed by Cronje, as it contained the terms of the +surrender, but received as answer that all papers must be taken and +that they would be returned afterwards. They were in fact taken and +only returned when the officers were removed from the gaol to go to +Durban. + +My clients did try to get a note through to Johannesburg concealed in +a matchbox. They paid twenty-five pounds to get it through, and sent +it within thirty-six hours of their arrival in gaol, but they have +never been able to ascertain whether it reached its destination. + +The gist of it was that they were all right. It never occurred to the +prisoners that neither the British Resident nor the High Commissioner +would be informed of the terms of the surrender, or that they would +not satisfy themselves on this point. + +Sir Hercules Robinson might urge, in so far as Dr. Jameson's affair +is concerned, that he could not be expected to suspect a deception +such as was practised upon him; yet it does seem extraordinary that, +being in Pretoria for the purpose of negotiating for the disposal of +Dr. Jameson and his comrades, he should not have taken steps to +ascertain what there was to be said on their behalf, especially as on +his own showing it was for the greater part of the time a question of +life and death for the leaders of the force. It is even more +difficult to understand why no effort should have been made to +communicate with the Reformers. The High Commissioner was thoroughly +well aware of the negotiations between them and the Government on +January 1. He had received communications by telegraph from the +Reformers before he left Capetown; he came up avowedly to settle +their business; he negotiated on their behalf and induced them to +disarm; he witnessed their arrest and confinement in gaol; yet not +only did he not visit them himself, nor send an accredited member of +his staff to inquire into their case and conditions, but Sir Jacobus +de Wet alleges that he actually, in deference to the wish of the +President, desired the British Agent not to hold any communication +whatever with the prisoners during his (Sir Hercules Robinson's) +stay in Pretoria. Truly we have had many examples of President +Kruger's audacity, and of the success of it; but nothing to equal +this. That he demanded from Sir Hercules Robinson information as to +the objects of the Flying Squadron and the movements of British +troops in British territory, and succeeded in getting it, was a +triumph; but surely not on a par with that of desiring the High +Commissioner not to hold communication with the British subjects whom +he, as the official representative of their sovereign, had travelled +a thousand miles to disarm, and on whose behalf--ostensibly--he was +there to negotiate. + + + + +CHAPTER VIII. + +ARREST AND TRIAL OF THE REFORMERS. + + +About half of the members of the Reform Committee were arrested and +taken through to Pretoria on the night of the 9th. Others were +arrested at various times during the evening and night, were detained +in the lock-up at Johannesburg as ordinary felons, and escorted to +the Pretoria gaol on the following morning. The scene on their +arrival at Pretoria railway station and during their march to the +gaol was not creditable to the Boers. A howling mob surrounded the +prisoners, hustling them, striking them, and hurling abuse at them +incessantly. The mounted burghers acting as an escort forced their +horses at the unfortunate men on foot, jostling them and threatening +to ride them down. One of the prisoners, a man close on sixty years +of age, was thrown by an excited patriot and kicked and trampled on +before he was rescued by some of his comrades. + +Once within the gaol, the men were searched and locked up in the +cells, and treated exactly as black or white felons of the lowest +description. In many cases four or five men were incarcerated in +single cells 9 feet long by 5 feet 6 inches wide, with one small +grating for ventilation. At night they were obliged to lie on the mud +floor, or in some cases on filthy straw mattresses left in the cells +by former occupants. No provision was made by which they could obtain +blankets or other covering--indeed at first it was not necessary, as +the overcrowding and lack of ventilation very nearly resulted in +asphyxiation. With an inhumanity almost incredible, in one instance +one of the prisoners, suffering from fever and dysentery, was locked +up for twelve hours with four others in such a cell without any +sanitary provisions whatever. Friends in Pretoria induced the +authorities, by means not unpopular in that place, to admit a better +class of food than that allowed to the ordinary prisoners; and it is +stated that the first meal enjoyed by the Reformers cost close upon +L100 for introduction. Day by day fresh concessions were obtained in +a similar manner, with the result that before long the prisoners were +allowed to have their own clothing and beds and such food as they +chose to order. Nothing however could alter the indescribable +sanitary conditions, nor compensate for the fact that the cells +occupied by these men were in many cases swarming with vermin. + +The climate in Pretoria in January is almost tropical, and the +sufferings of many of the older and less robust men under such +circumstances were very considerable. On the eleventh day of +incarceration the majority of the prisoners were let out on bail of +L2,000 each; in the cases of two or three bail of L4,000 each was +required; but bail was refused to Colonel Rhodes, Messrs. Phillips, +Farrar, Hammond (the signatories to the letter), and J.P. +FitzPatrick, the secretary of the Reform Committee. These five +continued to occupy the undesirable premises for four weeks more, at +the end of which time, owing to the serious effect upon their health +which imprisonment under these conditions had produced, and owing to +the repeated representations within the Transvaal and from the +British Government as well, an alteration was made under somewhat +novel conditions. + +It was notified to the public that the Government had graciously +consented to admit the prisoners to bail. The terms, however, were +not at the time publicly announced. First and foremost it was +required of them that they should deposit L10,000 in sovereigns each +as security that they would not break the conditions of their altered +imprisonment. They were to reside in a cottage in Pretoria under +strong guard, and they were to pay the whole of the costs of their +detention, including the salary and living expenses of the officer +and guard placed over them. The cost, including interest upon the +money deposited, was upwards of L1,000 a month. + +The preliminary examination into the charges against the Reformers +began on February 3, and lasted about a month. It resulted in the +committal for trial, on the charge of high treason, of all those +arrested. The Imperial Government having decided to send a +representative to watch the trial on behalf of the British, American +and Belgian subjects, Mr. J. Rose Innes, Q.C., the leader of the Bar +in Cape Colony, attended on their behalf. It was intimated to the +Transvaal Government that Mr. Innes would represent the Imperial +Government; but objection was made to this on the grounds that he had +been admitted to the Pretoria Bar during the British administration, +and had failed to comply with a subsequent rule of Court which +required some sort of registration; and permission was refused to him +to address the Court. The objection was maintained, and Mr. Innes was +obliged to limit his participation in the affair to sitting at the +counsels' table and consulting and advising with the Pretoria +barristers employed to defend the prisoners. + +The examination was, as Dr. Coster the State Attorney announced, of +the nature of a fishing examination, and he claimed to be permitted +to conduct it in a manner which, he alleged, is popular in Holland, +but which is entirely unknown in the Transvaal, and certainly does +not obtain in any British possession. The chief feature of this +system appears to be a total disregard of the rules applying to +evidence. A few instances will suffice. One of the first witnesses +called was Judge Ameshof, who with Chief-Justice Kotze and Mr. Kock +formed the Government Commission appointed to meet the deputation +from the Reform Committee on January 1. Judge Ameshof was duly sworn, +and was asked to identify a list of the members of the Reform +Committee. He did so. He stated that it was the list supplied to the +Government Commission at the meeting of January 1 by the deputation +of the Reform Committee, and he regarded it therefore as authentic. +The deputation had stated to the Commission that it was so. + +This was the first revelation of the tactics about to be pursued by +the Government, in using information which had been given under +privilege and in good faith by the prisoners themselves, when +negotiating with the Government prior to any question of arrest being +raised. Mr. Wessels, counsel for the accused, rose to obtain from +Judge Ameshof the official account of the meeting, desiring to prove +this very important negotiation by means of witnesses on the +Government side. He got no further however than saying to the +witness, 'You said you were a member of the Government Commission?' +when Judge Ameshof replied, 'Yes, but if you are going to ask me +about anything that took place at that meeting, I cannot answer, +because the meeting was a privileged one.' Mr. Wessels did not lose +his opportunity, 'You have stated,' he said, 'that you are a Judge of +the High Court?' The witness signified assent. 'And you mean to tell +me,' Mr. Wessels continued, 'that you feel yourself free to divulge +so much as it suits the Government to reveal, but that as soon as I +wish to prove something to my clients' advantage the interview +becomes privileged?' The witness did not answer, and Mr. Wessels +appealed to the Court. Judicial Commissioner Zeiler, however, upheld +the witness's contention. Mr. Wessels urged in reply that if it was a +privileged interview he objected to any evidence whatever being given +in connection with it, and protested vehemently against the admission +of the list of members just sworn to. The objection was overruled, +and it was thus laid down that the interview was privileged as far as +the Government was concerned, but not in so far as it could benefit +the Reformers. + +Another case was that of Mr. Schumacher, a witness who testified, +_inter alia_, that he did not know what the objects of a certain +Development Syndicate were. His evidence showed that he had not been +informed upon this point. He was very hard pressed by the State +Attorney, but he adhered to his first answer. Dr. Coster then altered +his tactics and asked, 'Had you no opinions on the subject? Did you +not guess at all?' The witness replied that he might have thought and +conjectured at various times, but that he had nothing in the nature +of information or knowledge on the point. This did not satisfy Dr. +Coster, who then pressed the question, 'Well, what did you think? +What were your thoughts?' The witness objected to state what his +thoughts were, as they could have no bearing on the fact, and might +be absolutely wide of the mark. He could only repeat that he had no +knowledge. The witness appealed to the Bench for protection. Mr. +Wessels urged that it was an unheard-of proceeding to compel a +witness to state what he thought and to use it as evidence. The +objections were again overruled, and the witness was ordered by +the Court to answer. His reply afforded no satisfaction to the +Government, being to the effect that he could not then remember what +his thoughts were at various times. On the application of the State +Attorney the Judicial Commissioner sent him to gaol for twelve hours +for contempt of court. + +Mr. Wessels strenuously objected to the decision and applied to the +Court to stay imprisonment to enable him to appeal to a judge in +chambers, but even this was refused. Mr. Wessels in the course of his +address received a reprimand from the Bench for stating that he now +recognized the force of the State Attorney's contention that the law +of evidence as obtaining in South Africa was not sufficiently wide; +for, he added, he thought it would suit the purpose of the Government +better if they reverted to an older system under which racks and +thumbscrews were popular. + +The witness was sent to gaol. Some hours later an appeal was heard by +Judge de Korte in chambers, and the decision of the Judicial +Commissioner was reversed, but the prisoner had already completed +seven hours' imprisonment in a dirty cell. Judge de Korte stated that +he had reversed the decision after consultation with Chief Justice +Kotze, and it was felt that something at least had been achieved by +Mr. Schumacher, and the rights of a witness would be recognized. But +the end is not always in sight in dealing with the Transvaal +Government. The State Attorney in turn appealed from the single +judge's decision to the full Bench. Judge Morice, a Scotchman, many +years a judge of the High Court, supported the decision of Judge de +Korte. The Chief Justice, who had advised Judge de Korte in his +decision however in a most extraordinary judgment now reversed it, +and in this view he was supported by Judge Ameshof--himself a witness +in the case against the Reformers. + +Thus the majority judgment of the High Court against the Reformers on +this principle of evidence happened to be formulated by the two +judges who had been appointed to negotiate with the Reformers' +deputation on behalf of the Government. + +The impossibility of obtaining justice in the Courts of the Transvaal +under the then conditions was thus brought home to the prisoners. An +appeal from the decision of the Lower Court on Judge Ameshof's +interpretation of privilege, which had been seriously discussed, was +then abandoned as being worse than useless, and calculated only to +provoke more extreme measures against the prisoners by placing the +Bench in a ridiculous position. It could not be expected that the +Chief Justice, who was himself a member of the Government Commission +which Judge Ameshof had claimed to be privileged, would take any +other view than that favouring the policy and convenience of the +Government which he showed himself so ready to befriend. + +In the Schumacher appeal case before the full Court, Dr. Coster had +made no secret that he intended to disregard the rules and precedents +governing the treatment of witnesses, and even claimed that he should +receive no opposition from the prisoners' counsel, since he was only +'_fishing_' for evidence and not actually accumulating it against the +prisoners, and had no intention of using the evidence given at this +examination. Mr. Wessels asked him whether he would pledge himself to +this effect, and what, for instance, would be done in case a witness +who had been heard at the preliminary examination should die before +the main trial came off. The reply was, that in such a case of course +the Government would be bound to use some of the evidence, but would +use it with discretion and not unfairly. This undertaking provoked +smiles even in court. The wisdom and fairness of Mr. Wessels' +contention were fully justified when the trial actually did take +place, for the whole of the evidence of the preliminary examination +was handed in for the guidance of the judge in determining his +sentences against the accused. It may be added that each witness was +called upon to sign the notes of his evidence as taken down in Dutch. +When required, the official reporter read a free translation of the +notes to the witness before they were signed. + +At the conclusion of the examination all the prisoners were committed +on the same charge--that of high treason--no distinction whatever +being made in the references to them from the Bench. By this time Mr. +Hammond, who had been ill, was released on bail of L20,000 in order +to go to the seaside. + +Application was made on behalf of Colonel Rhodes, Messrs. Phillips, +Farrar, and FitzPatrick for release on bail, upon the grounds that no +distinction whatever had been made between them and the other +prisoners who had already been released, but this was refused after +the point had been reserved for consideration by the State Attorney +in consultation with the Chief Justice, and the four men returned to +their former conditions of imprisonment. Mr. Chamberlain continued to +make representations on behalf of these men, and at one time it +appeared as though the restrictions would be removed, Dr. Coster +having pledged himself to accept bail, and having actually drawn out +the bail-bonds and submitted them to the solicitors of the accused +for approval, and every arrangement having been completed--even to +the finding of the additional security. They were however at the last +moment curtly informed that bail would not be allowed. On this being +reported to Mr. Chamberlain, he at once replied to the effect that he +could not believe that a Government would revoke a promise made on +their behalf by the State Attorney. Dr. Leyds, on behalf of his +Government, stated that the matter was in the hands of the State +Attorney alone and did not concern the Executive, and that on inquiry +he found that no such promise had been made and no undertaking given. +The incident is more or less trivial, but again shows the readiness +with which the Boer Government repudiate a promise when it is to +their convenience to do so. Dr. Coster on his side admitted with +expressions of regret that there had been a breach of undertaking, +and stated that it had been done by order of the Executive Council. + +Communications between Mr. Chamberlain and the Pretoria Government +were of great frequency during this period. The phantom of Mr. +Kruger's visit to England was chased with great assiduity. The wily +old President seized on Mr. Chamberlain's suggestions as an excellent +pretext for delay to enable him to spread his nets, and he used the +time to great advantage. But this was not the worst! Mr. +Chamberlain's new diplomacy and his stupid or treacherous advisers +led him into blunders; as when, for instance, he tried to bounce +without the intention of making good his implied threats; and when +he sent his 4th of February despatch (publishing it in London before +it reached Pretoria), strongly and ably reviewing the position, but +spoiling all by a proposal which, whilst it had not been suggested to +or discussed by the Rand people, and would not have been acceptable +to them in lieu of what they had demanded, was also an interference +in the internal affairs of the Transvaal. It gave the Pretoria +Government an opportunity, which they did not miss, of severely +snubbing Mr. Chamberlain. When the latter in turn peremptorily +refused their demands, he was informed that the cancellation of the +London Convention would not be pressed '_at present_,' but might +remain in abeyance. + +Throughout the period prior to the main trial, President Kruger +continued to use with great effect 'the wishes and intentions of his +burghers.' When bail was first refused to the leaders this course was +justified on the grounds that the burghers were strongly against it, +and that the President could not act against their wishes. When at a +later stage a petition was presented by a number of burghers more or +less in touch with the Uitlander community, who felt that the +treatment of the leaders was having a bad effect, counter petitions +came in within a day or two urging the Government on no account to +extend the privilege of bail to these men. Oddly enough, these +petitions were got up and signed by relatives and near connexions of +the President himself. + +During this period another petition was presented which is surely +without parallel in a civilized state; but it illustrates admirably +the Boer idea of right and liberty. Fifty burghers in the district of +Standerton addressed the Government, pointing out the undesirability +of allowing a 'certain Advocate Wessels to defend the Jameson +rebels,' and praying that the Government would put him over the +border, 'which is the slightest punishment that can be inflicted upon +him.' The receipt of this petition was announced in the Government +organ, the _Press_, on March 25. + +At about this time another incident occurred which excited +considerable feeling. Commandant Henning Pretorius, one of the most +prominent Boer officials, having paid a visit to his native district +in the Cape Colony shortly after the Jameson raid, purchased from +the owner of a farm at Cookhouse Drift the beam from which the five +Boers had been hanged at Slagter's Nek for rebellion in the year +1816. Reference has already been made in the first chapter to this +deplorable affair. The beam (which had been built into the house) was +brought up by the purchaser to Pretoria. He states, and no doubt +truly, that he obtained the historical relic for the purpose of +adding it to the National Museum; but it must be added that the time +was not well chosen unless the intention was to rouse feeling. The +_Volksstem_, the Hollander-Boer organ, in an extremely violent +article, described in detail the Slagter's Nek executions, and called +upon the burghers to avenge on the persons of the Reformers their +murdered countrymen; and it is a fact vouched for by persons by no +means friendly to the Uitlander that certain Boers approached +President Kruger, intimating to him that the beam had arrived, that +it would not be necessary to bother about a trial, but that the four +men should be hanged out of hand from the same scaffold which had +served for their compatriots. It is but right to say that President +Kruger's reply was a severe reprimand, and a reminder that they were +not a barbarous people, but should comply with the law. The matter +having been brought to the notice of Mr. Chamberlain, strong +representations were made upon the subject, to which the Transvaal +Government replied (forgetful apparently of the fact that the +President had frequently urged his inability to control his burghers) +that the Transvaal was a civilized State, that the burghers were +law-abiding and peaceful people, and that their Government was at all +times able to control them. It was interesting to see the argument of +the burghers getting out of hand, which was used with such effect in +the case of Dr. Jameson and quoted by Sir Hercules Robinson, recoil +upon the head of its originator. + +A final effort was made by the people of Johannesburg to obtain the +release on bail of the four prisoners. A petition bearing the +signatures of 20,000 persons was presented; the gentlemen bearing the +petition were informed that it could not be received; that they must +call again. Having called again and again, the petition was at last +accepted and placed before the Government; but no reply was ever +vouchsafed. The treatment of this memorial is in sharp contrast +with that accorded to the one presented by a score or so of the +President's relatives and supporters--objecting to the release. + +From the time of the arrests until just before the trial speculation +was rife as to which judge would preside. The Chief Justice and Judge +Ameshof could hardly sit (even allowing for the precedents already +established by them), since they had both acted on the Government +Commission in negotiating with the prisoners, and one of them had +already given evidence against the accused. There remained Justices +Jorissen, De Korte and Morice. Mr. De Korte was then threatened with +suspension owing to pecuniary embarrassments, and would evidently not +be allowed to preside. The fifth judge, Mr. Jorissen, had expressed +himself so violently against the Reformers that he had himself +recognized the impossibility of attaining an impartial attitude, and +had refused to sit. The only judge available was therefore Mr. +Justice Morice, against whom there was no valid objection whatever. +Moreover, in the ordinary routine it so happened that it was his turn +to preside at the forthcoming trial; but he was known to hold Liberal +views and to be strongly in sympathy with internal reform. + +At this time Chief-Justice Kotze undertook several journeys to the +Free State and Cape Colony, ostensibly to rid himself of insomnia, +but in reality, as results proved, in order to employ a judge for +this trial. His choice eventually fell upon Mr. Gregorowski, formerly +a judge in the Free State, and at that time State-Attorney to that +country. + +Mr. Gregorowski was noted on the Bench for the peculiar severity of +his sentences on all except Boers. He had moreover expressed openly +in Bloemfontein his wish that he might have the trying of 'those +Reformers; he would give them what for.' These things were not known +at the time of the trial; nor had the fact yet come out that before +taking the oath of office he had endeavoured to borrow from at least +one of his colleagues a black cap for the forthcoming trial. His +attitude at the time is sufficiently indicated by what he wrote +shortly after the trial, in defence of his action, '_I came up to put +down rebellion._ I have done so with a strong hand, and I believe +that my judgment will bear good fruit in the future.' The prisoners +could not but contrast the action of the Government in employing and +appointing, on approval, a judge who had no status whatever in the +country, with their action in declining to allow Mr. Rose Innes to +appear at the Bar on the pretext of his previous qualification not +being in order; and it was felt to be ominous that an independent and +upright judge, against whom there could be no objection, should be +passed over, and another specially imported for the occasion. + +The trial was at last fixed to take place on April 27, and the +indictments were served upon the accused six days before that date. +The following is the list of those who were committed for trial: + + Lionel Phillips + Colonel F.W. Rhodes + George Farrar + J.H. Hammond + J.P. FitzPatrick + S.W. Jameson + G. Richards + J.L. Williams + G. Sandilands + F. Spencer + R.A. Bettington + J.G. Auret + E.P. Solomon + J.W. Leonard + W.H.S. Bell + W.E. Hudson + D.F. Gilfillan + C.H. Mullins + E.O. Hutchinson + W. van Hulsteyn + A. Woolls-Sampson + H.C. Hull + Alf. Brown + C.L. Andersson + M. Langermann + W. Hosken + W. St. John Carr + H.F. Strange + C. Garland + Fred Gray{33} + A. Mackie Niven + Dr. W.T.F. Davies + Dr. R.P. Mitchell + Dr. Hans Sauer + Dr. A.P. Hillier + Dr. D.P. Duirs + Dr. W. Brodie + H.J. King + A. Bailey + Sir Drummond Dunbar + H.E. Becher + F. Mosenthal + H.A. Rogers + C. Butters + Walter D. Davies + H. Bettelheim + F.R. Lingham + A.L. Lawley + W.B. Head + V.M. Clement + W. Goddard + J.J. Lace + C.A. Tremeer + R.G. Fricker + J.M. Buckland + J. Donaldson + F.H. Hamilton + P. du Bois + H.B. Marshall + S.B. Joel + A.R. Goldring + J.A. Roger + Thomas Mein + J.S. Curtis{34} + +The indictment served on all alike was as follows: + +H.J. Coster, State Attorney of the South African Republic, who, on +behalf of the State, prosecutes, brings to the notice of the Court: + +That they (citing the accused), all and each or one or more of them, +are guilty of the crime of High Treason: + +Firstly: In that in or about the months of November and December in +the year of our Lord one thousand eight hundred and ninety-five, the +exact dates being unknown to the State Attorney, they, the said +accused, at Johannesburg, Witwatersrand Goldfields, South African +Republic, being citizens of, or residing in, this Republic, all and +each or one or more of them wrongfully, unlawfully, and with a +hostile intention to disturb, injure, or bring into danger the +independence or safety of this Republic, treated, conspired, agreed +with and urged Leander Starr Jameson, an alien, residing without the +boundaries of this Republic, to come into the territory of this +Republic at the head of and with an armed and hostile troop, and to +make a hostile invasion and to march through to Johannesburg +aforesaid. + +Secondly: In that they (the said accused), being citizens of, or +residing in, this Republic, all and each or one or more of them, +there and then in conjunction with Charles Leonard and Dr. H. Wolff, +now fugitives, and other persons unknown to the State Attorney, +appearing and acting as a committee, by them named the 'Reform +Committee,' after the above-mentioned Leander Starr Jameson, on or +about December 29, in the year aforesaid, had come from without the +Republic, at the head of and with an armed and hostile troop, in the +neighbourhood of Ottoshoop, district Marico, into the territory of +this Republic, and had made a hostile invasion, and had violently +attempted to penetrate through to Johannesburg aforesaid, wrongfully, +unlawfully, and with a hostile intention to disturb, injure, or bring +into danger the independence or safety of this Republic, gave, or +attempted to give, the aforementioned Leander Starr Jameson during +his hostile invasion aforesaid information about the state of the +defences at Johannesburg, and had armed troops ready to assist, and +sent assistance to him, and subsequently by seditious speeches made, +or caused to be made, in public, with the object to persuade and +induce the people there to stand by the aforementioned Jameson in his +hostile invasion, and further have assisted him, the aforementioned +Jameson, during his hostile invasion above mentioned, by providing +him with provisions, forage, and horses. + +Thirdly: That in or about the month of December, in the year +aforesaid, and in the month of January in the year one thousand eight +hundred and ninety-six, exact dates not known to the State Attorney, +at Johannesburg aforesaid, they (the said accused), being inhabitants +of, and residing in, this Republic, all and each or one or more of +them, then and there, in conjunction with Charles Leonard and Dr. H. +Wolff, now fugitives, and other persons unknown to the State +Attorney, appearing and acting as a committee named by them the +'Reform Committee,' wrongfully and unlawfully, and with a hostile +intention to disturb, injure, or bring into danger the independence +or safety of this Republic, have distributed, or caused to be +distributed, amongst the population there, and in the neighbourhood +thereof, Maxim guns, other weapons, arms, and ammunition; further, +have enrolled men, or have caused them to be enrolled, and have +formed them, or have caused them to be formed, into military corps; +have erected there, or caused to be erected, earthworks and other +fortifications. + +Fourthly: In that in or about the month of December and the month of +January, the exact dates being unknown to the State Attorney, and at +Johannesburg aforesaid they (the said accused), being citizens of, +and residing in, this Republic, all and each or one or more of them, +then and there, in conjunction with Charles Leonard and Dr. H. Wolff, +now fugitives, and other persons unknown to the State Attorney, +appearing and acting as a committee called by them the 'Reform +Committee,' wrongfully and unlawfully, with hostile intention to +disturb, injure, or bring into danger the independence or safety of +this Republic, have arrogated to themselves, and have exercised and +caused to be exercised, the functions, and powers belonging to the +authorities of this Republic; by violence, or by threats of violence, +have compelled, or caused to be compelled, the police of this +Republic stationed at Johannesburg aforesaid to leave the public +squares and streets; have formed, or caused to be formed, their own +police corps, and have provided that corps, or caused it to be +provided, with guns and other arms; and further have appointed, or +caused to be appointed, as head of that corps, Andrew Trimble, and +have entrusted him with jurisdiction in police cases, in virtue +whereof the aforementioned Andrew Trimble has passed sentence and +caused it to be carried out. + +In consequence of all which acts abovementioned the independence of +this country was brought into danger, and its safety disturbed and +impaired. + +Wherefore the State Attorney, after due proof and conviction thereof, +requests the judgment of this Court against said accused, according +to law. + +The general opinion based upon the character of the evidence adduced +at the preliminary examination was that it would be impossible to +sustain the charge of high treason; but the disclosure of the +documents in the possession of the State Attorney put a different +complexion upon the case. Then for the first time the members of the +Reform Committee became aware of that factor in their case which has +since become famous as 'de trommel van Bobby White'--Major Robert +White's despatch-box--a veritable conjurer's hat, from which Mr. +Kruger produced to an admiring and astonished world the political +equivalents of eggs and goldfish, pigeons and white mice. In this box +(which was taken with the invading force at Doornkop) it appears +Major White had brought as much of his previous correspondence as he +could conveniently carry, together with diaries, notebooks, +code-books, cipher-keys, etc. Nor was this all. He had brought a copy +of the letter of invitation, certified by himself as magistrate in +the Bechuanaland Protectorate. Revelations at and subsequent to the +trial show that the State Attorney, on discovering this copy and +finding that as a copy it would not be admitted and that he might +experience some difficulty in proving it, prevailed upon Major White +while in the Pretoria gaol to confirm his previous certificate, and +to make an affidavit to the effect that he had compared the letter +with the original, that it was a true copy, and that he had examined +the signatures, and believed them to be the signatures of the persons +indicated. The State Attorney alleges that he bargained with Major +White for this affidavit, and in return surrendered to him certain +private documents which had also been taken in the despatch-box. +Major White on the other hand stated to the writer and to another +member of the Reform Committee--Mr. H.C. Hull--that there is no truth +in the allegation that he received a _quid pro quo_; but has no +excuse to offer for making the affidavit, except that he--_'does not +remember having done it.'_ + +The Reform prisoners, who, animated by a desire not to give any of +their comrades away, had for a period of close upon four months borne +all the abuse which could be heaped upon them, and had abstained from +making any defence in public, or any of those revelations such as +have since been made through the exertion of the Transvaal +authorities, the Select Committee of the Cape House of Assembly, and +the Bow Street officers, found to their inexpressible disgust that +the efforts which they had made were rendered futile by the capture +of these documents; and they were highly incensed at the action of +one of the very men whose lives they believed they had saved by +surrendering on January 7. The affidavit was looked upon as +unpardonable, and the unnecessary statement regarding the genuineness +of the signatures was interpreted in a very unpleasant sense. + +Consultations now took place between Mr. Advocate Wessels and Mr. +Richard Solomon, Q.C., of Kimberley, who had also been retained on +behalf of the accused; and endeavours were made to obtain from the +State Attorney details of the evidence which it was proposed to +bring, but with only partial success. From the facts already known to +them it was clear that the Government were determined to stretch +every point in law to their own advantage and to indulge in few +scruples as to the means to be employed to secure a conviction. The +Judge, it was known, had been specially imported for this trial, +and provisionally appointed to a seat on the Bench. As the +confirmation of his appointment was to take place when the Volksraad +should meet, or at any rate at some period subsequent to the trial, +it was not unnatural to regard his as a case in which a judge was +appointed on approval, the appointment to be either confirmed or +cancelled according to the satisfaction which he should give. + +Appeal to the full bench of the High Court had already been proved to +be entirely useless; since the only judges to whom appeal could be +made were those who had in the earlier stages associated themselves +with the Government against the Reform Committee, and later on in +their judicial capacities confirmed the attitude taken up by them as +patriots. + +The options before the prisoners were therefore three in number. One +course would be to enter upon a protracted trial before a Boer jury +and a specially-appointed judge, with the certainty for the majority +of an adverse verdict in any case. In such a trial numberless +occasions would arise for the exercise of discretion in the admission +or rejection of evidence, and any defence of the prisoners must +necessarily partake of the character of an indictment against the +Government and the faction which both judge and jury avowedly +represented, and tend only to aggravate the penalty. They would +moreover have to face that trial as a body of over sixty men, many of +whom could have reasonably set up special defences, many of whom were +not even mentioned in any evidence which the Government had yet +secured (with the exception of course of Judge Ameshof's _privileged_ +list), and could therefore reasonably expect to be discharged on +making individual defences. The second alternative was to decline to +plead at all, on the ground that they had negotiated with the +Government in good faith, and that a treacherous arrest and breach of +understandings arrived at would not be recognised in any way by +them--in fact, to refuse to condone treachery or take a hand in a +farce. The third course was to plead guilty, and take a short cut on +the best terms possible to what was realized to be a pre-arranged +conclusion. + +The second alternative was rejected, because it was found to be +impossible to secure unanimity of action. In the course of the +discussions upon the other alternatives, certain negotiations took +place between the State Attorney Dr. Coster and Mr. Wessels, the +result of which was that Dr. Coster made the following offer: If the +leaders (the signatories to the letter of invitation) would consent +to plead guilty to count 1 of the indictment, he would agree to +withdraw as against them counts 2, 3, and 4; and in such case he +would agree that the rank and file should plead guilty to counts 3 +and 4 only, he withdrawing as against them counts 1 and 2. The matter +was discussed by the prisoners, and objection was taken to that part +of the indictment in which it was stated that the Reform Committee +had acted 'with a hostile intention to disturb, injure or bring into +danger the independence or safety of this Republic.' + +Another meeting took place between the State Attorney and Mr. +Wessels, at which Dr. Coster agreed to eliminate from the indictment +against the rank and file the words objected to, provided that the +leaders would plead guilty to count 1. Having arrived at this--to +him--satisfactory conclusion, Dr. Coster remarked that they (_i.e.,_ +all except the four) were now charged with a merely nominal offence. +Mr. Wessels endeavoured to obtain the same alteration in the +indictment of the leaders, but this was refused on the ground that it +would make the indictment ridiculous; and, _apropos_ of the +concession to the rank and file, Dr. Coster even expressed doubts as +to whether, if the hostile intention were eliminated, any crime could +be said to remain under the indictment. He however agreed to allow +the four leaders to qualify their plea by a statement in writing +which they were to put in at the same time. He stated that he would +have _pro forma_ to put in some evidence of the offence, but +undertook not to press for exemplary punishment, and moreover +promised that he would not dispute or question the statement to be +put in, provided that it contained no material error in fact. + +A discussion then followed as to the law under which the trial would +take place. Mr. Wessels urged that, as there was specific provision +in the statute law for cases of this nature, the statute law would of +course apply in preference to Roman-Dutch law. Dr. Coster said he +presumed that this would be the case, but that he was not quite sure +whether Roman-Dutch law would not apply. He added however that +anything he could say would not be binding upon the judge, who could +alone decide as to the question of law. + +Mr. Wessels's report to his clients induced the rank and file to +agree under the altered circumstances to the third alternative, +namely, pleading guilty, and they agreed to this under the +impression, which without doubt had been suggested and deliberately +fostered by the Government, that they were pleading guilty to a +nominal offence, and would incur a monetary penalty in proportion. + +In consultation with the leaders, Mr. Wessels reported the +discussions with Dr. Coster as above given. Both he and Mr. Solomon +represented to them the gravity of the plea, and said that there was +the possibility that the judge would invoke Roman-Dutch law and +ignore the laws of the country, in which case it would be in his +power to pass sentence of death. In their opinion, they added, and in +the opinion of Mr. Rose Innes and others, this would be a monstrous +straining of the law, yet they felt bound to indicate the +possibility. + +The course before the prisoners was not indeed an attractive one, but +it was not without its recommendations. It would have been infinitely +preferable to fight it out had there been a chance of a good fight, +if even a losing one; but, apart from a verdict of guilty being an +absolute certainty, the circumstances were against any possibility of +effecting anything like a strong impeachment of the Government. +Moreover, the course now proposed would prevent any 'giving away' of +Dr. Jameson, who had yet to be tried, and of others; and it also +removed the necessity for individual defences by those among the +prisoners who had been involved in a less degree than others. The +matter at that time appeared in one way to concern the leaders only. +If they were willing to take upon themselves the burden of the charge +and secure the acquittal of others by accepting the full +responsibility, it could only be regarded as a chivalrous act. But +there were some among the other the prisoners--'Irreconcilables,' +as they were called--who considered themselves equally responsible +with the leaders, who strongly objected to shifting any portion of +their responsibility upon others, and who desired to stand with those +who were prepared to bear the brunt of the charge. To them the +suggestion to plead guilty was as gall and wormwood, and was regarded +as another humiliation which they were required to endure, another +climbing-down similar to the disarmament, and attended, like it, with +exasperating and baffling complications and involvements that made +refusal an impossibility. The one call to which these men would +respond was the call to stand together and have no divisions--a cause +for which they were still to make many sacrifices. The irony of it +was that in order to 'stand together' they had to agree to +segregation. + +Dr. Coster would accept no further modification or variation of his +terms--there was no option to individuals to plead not guilty and +fight it out, except at the cost of involving all the others, nor was +there any option to them to plead with the leaders. One other factor +in the determination of this policy remains to be noted. The +communications already recorded as having passed between some of the +members of the Reform Committee and Dr. Jameson, after the latter had +actually invaded the country, and some evidence as to the +arrangements made for the reception and camping of his force, were in +the hands of the Government, and these were sufficient to convict +every member of the Reform Committee under count 2 of the indictment +in a trial before a Boer jury and by a special judge. Conviction +under count 1 was assured by the letter of invitation and the +admissions in the 'privileged' meeting with the Government +Commission. Conviction under count 2 would be a distinct aggravation +of the position of the four--or so it seemed then--whilst it would be +a most serious thing for the rank and file; and it was finally +decided to plead in accordance with the suggestion of the State +Attorney. The decision was conveyed to this gentleman and by him to +the President, who expressed his 'satisfaction' at a course which +would enable him to 'deal magnanimously with the prisoners,' no doubt +in pursuance of the policy of 'Forget and Forgive.' When, as a +convincing proof of the wisdom of the decision to plead guilty, +the 'satisfaction' of the President was made known to the +Irreconcilables, they remarked that this was the worst sign that +they had yet detected, but others were more hopeful. + +As to the soundness of the advice on which the prisoners pleaded, it +may be observed that Messrs. Gregorowski and Coster have both since +then expressed the opinion that there was sufficient evidence to +convict one and all of high treason, and they should know what would +have been considered 'sufficient.' The latter added that the prime +movers were of course guilty; but they at any rate had tried to stop +Jameson, whilst those who joined the Reform Committee in the later +stages were morally worse, since they had only joined when and +because they knew that he had invaded the country. Mr. Gregorowski, +at a later stage, defended his sentence on the leaders, but feared he +had been 'far too lenient with the others.' It would be unfair +therefore to suggest that the advice on which the prisoners had +decided to act was other than sound wise and proper in the +circumstances. That it should afterwards appear that the other +parties to the arrangement had acted with deliberate duplicity and +bad faith cannot be laid as a charge against the gentlemen who gave +this advice, and whose only fault, if fault it be, was that their +instincts, their principles, and their training precluded the +suspicion of treachery. + +The trial commenced on April 24, when the prisoners were arraigned, +after which an adjournment was made until the 27th, in order to allow +three of the prisoners who were then travelling up to take their +trial to arrive. On the latter date, all being present, and pleas of +guilty having been recorded, the State Attorney put in the cipher +telegrams, the minutes of the 'privileged' meeting between the +Government Commission and the deputation of the Reform Committee, +none of which had been produced in evidence, and the record of +evidence taken at the preliminary examination. Mr. Wessels then read +and put in the following statement of the four leaders: + +For a number of years endeavours have been made to obtain by +constitutional means the redress of the grievances under which the +Uitlander population labours. The new-comer asked for no more than is +conceded to emigrants by all the other Governments in South +Africa, under which every man may, on reasonable conditions, become a +citizen of the State; whilst here alone a policy is pursued by which +the first settlers retain the exclusive right of government. + +Petitions supported by the signatures of some 40,000 men were +ignored; and when it was found that we could not get a fair and +reasonable hearing, that provisions already deemed obnoxious and +unfair were being made more stringent, and that we were being +debarred for ever from obtaining the rights which in other countries +are freely granted, it was realized that we would never get redress +until we should make a demonstration of force to support our claims. + +Certain provision was made regarding arms and ammunition, and a +letter was written to Dr. Jameson, in which he was asked to come to +our aid under certain circumstances. + +On December 26 the Uitlanders' Manifesto was published, and it was +then our intention to make a final appeal for redress at the public +meeting which was to have been held on January 6. In consequence of +matters that came to our knowledge we sent on December 26 Major Heany +(by train via Kimberley), and Captain Holden across country, to +forbid any movement on Dr. Jameson's part. + +On the afternoon of Monday, December 30, we learnt from Government +sources that Dr. Jameson had crossed the frontier. We assumed that he +had come in good faith to help us, probably misled by some of the +exaggerated rumours which were then in circulation. We were +convinced, however, that the Government and the burghers would not in +the excitement of the moment believe that we had not invited Dr. +Jameson in, and there was no course open to us but to prepare to +defend ourselves if we were attacked, and at the same time to spare +no effort to effect a peaceful settlement. + +It became necessary to form some organization for the protection of +the town and the maintenance of order; since, in the excitement +caused by the news of Dr. Jameson's coming, serious disturbances +would be likely to occur, and it was evident that the Government +organization could not deal with the people without serious risks of +conflict. + +The Reform Committee was formed on Monday night, December 30, and it +was intended to include such men of influence as cared to associate +themselves with the movement. The object with which it was formed is +best shown by its first notice, viz.: + +'Notice is hereby given that this Committee adheres to the National +Union Manifesto, and reiterates its desire to maintain the +independence of the Republic. The fact that rumours are in course of +circulation to the effect that a force has crossed the Bechuanaland +border renders it necessary to take active steps for the defence +of Johannesburg and preservation of order. The Committee earnestly +desire that the inhabitants should refrain from taking any action +which can be construed as an overt act of hostility against the +Government. By order of the Committee, + + 'J. PERCY FITZPATRICK, + '_Secretary_.' + +The evidence taken at the preliminary examination will show that +order was maintained by this Committee during a time of intense +excitement, and through the action of the Committee no aggressive +steps whatever were taken against the Government, but on the +contrary, the property of the Government was protected, and its +officials were not interfered with. + +It is our firm belief that had no such Committee been formed, the +intense excitement caused by Dr. Jameson's entry would have brought +about utter chaos in Johannesburg. + +It has been alleged that we armed natives. This is absolutely untrue, +and is disposed of by the fact that during the crisis upwards of +20,000 white men applied to us for arms and were unable to get them. + +On Tuesday morning, December 31, we hoisted the flag of the Z.A.R., +and every man bound himself to maintain the independence of the +Republic. On the same day the Government withdrew its police +voluntarily from the town and we preserved perfect order. + +During the evening of that day, Messrs. Marais and Malan presented +themselves as delegates from the Executive Council. They came (to use +their own words) to 'offer us the olive branch,' and they told us +that if we would send a deputation to Pretoria to meet a Commission +appointed by the Government, we should probably obtain 'practically +all that we asked for in the Manifesto.' + +Our deputation met the Government Commission, consisting of Chief +Justice Kotze, Judge Ameshof, and Mr. Kock, member of the Executive. + +On our behalf our deputation frankly avowed knowledge of Jameson's +presence on the border, and of his intention, by written arrangement +with us, to assist us in case of extremity. + +With the full knowledge of this arrangement, with the knowledge that +we were in arms and agitating for our rights, the Government +Commission handed to us a resolution by the Executive Council, of +which the following is the purport: + +'The High Commissioner has offered his services with a view to a +peaceful settlement. The Government of the South African Republic has +accepted his offer. Pending his arrival, no hostile step will be +taken against Johannesburg, provided Johannesburg takes no hostile +action against the Government. In terms of a certain proclamation +recently issued by the President, the grievances will be earnestly +considered.' + +We acted in perfect good faith with the Government, believing it to +be their desire, as it was ours, to avert bloodshed, and believing it +to be their intention to give us the redress which was implied in the +'earnest consideration of grievances.' + +There can be no better evidence of our earnest endeavour to repair +what we regarded as a mistake on the part of Dr. Jameson than the +following offer which our deputation, authorized by resolution of the +Committee, laid before the Government Commission: + +'If the Government will permit Dr. Jameson to come into Johannesburg +unmolested, the Committee will guarantee, with their persons if +necessary, that he will leave again peacefully as soon as possible.' + +We faithfully carried out the agreement that we should commit no act +of hostility against the Government; we ceased all active operations +for the defence of the town against any attack, and we did everything +in our power to prevent any collision with the burghers--an attempt +in which our efforts were happily successful. + +On the telegraphic advice of the result of the interview of the +deputation with the Government Commission, we despatched Mr. Lace, a +member of our Committee, as an escort to the courier carrying the +High Commissioner's despatch to Dr. Jameson, in order to assure +ourselves that the despatch would reach its destination. + +On the following Saturday, January 4, the High Commissioner arrived +in Pretoria. On Monday, the sixth, the following telegram was sent to +us: + + 'Pretoria, _January 6, 1896._ + +'_From_ H.M.'s AGENT _to_ REFORM COMMITTEE, _Johannesburg._ + +'_January 6._--I am directed to inform you that the High Commissioner +met the President, the Executive, and the Judges to-day. The President +announced the decision of the Government to be that Johannesburg must +lay down its arms unconditionally as a [condition] precedent to a +discussion and consideration of grievances. The High Commissioner +endeavoured to obtain some indication of the steps which would be +taken in the event of disarmament, but without success, it being +intimated that the Government had nothing more to say on this subject +than had already been embodied in the President's proclamation. The +High Commissioner inquired whether any decision had been come to as +regards the disposal of the prisoners, and received a reply in the +negative. The President said that as his burghers, to the number of +8,000, had been collected and could not be asked to remain +indefinitely, he must request a reply "Yes" or "No" to this ultimatum +within twenty-four hours.' + +On the following day Sir Jacobus de Wet, H.M.'s Agent, met us in +committee, and handed to us the following wire from his Excellency +the High Commissioner: + +'HIGH COMMISSIONER, _Pretoria, to_ SIR J. DE WET, _Johannesburg._ + +'_Received Johannesburg 7.36 a.m., January 7, 1896._ + +'_Urgent_--You should inform the Johannesburg people that I consider +that if they lay down their arms they will be acting loyally and +honourably, and that if they do not comply with my request they +forfeit all claim to sympathy from Her Majesty's Government, and from +British subjects throughout the world, as the lives of Jameson and +prisoners are practically in their hands.' + +On this, and the assurance given in the Executive Council resolution, +we laid down our arms on January 6, 7, and 8; on the 9th we were +arrested, and have since been under arrest at Pretoria, a period of +three and a half months. + +We admit responsibility for the action taken by us. We frankly avowed +it at the time of the negotiations with the Government, when we were +informed that the services of the High Commissioner had been accepted +with a view to a peaceful settlement. + +We submit that we kept faith in every detail in the arrangement with +the Government; that we did all that was humanly possible to protect +both the State and Dr. Jameson from the consequence of his action; +that we have committed no breach of the law which was not known to +the Government at the time that the earnest consideration of our +grievances was promised. + +We can only now lay the bare facts before the Court, and submit to +the judgment that may be passed upon us. + + + (Signed) LIONEL PHILLIPS. + FRANCIS RHODES. + GEORGE FARRAR. + +Pretoria, April 24, 1896. + +I entirely concur with the above statement. + + + (Signed) JOHN HAYS HAMMOND. + +Pretoria, April 27, 1896. + +An incident which occurred during the reading of this statement +enabled the prisoners to realize how poor would have been their +chance of a fair trial before a Boer jury. On the right hand of the +judge seats had been reserved for higher officials. Several members +of the Executive were present in this quarter, and amongst them in a +very prominent position and facing the quarter reserved for the +burghers sat Mr. Wolmarans, a member of the Executive Council. When +Mr. Wessels came to that portion of the statement referring to the +negotiations with the Executive Council, Mr. Wolmarans at first +smiled superciliously, then turned and addressed a remark to one of +his colleagues, shrugging his shoulder at the same time, and at the +conclusion of the reference looked across the room to where the +jurymen sat, still smiling and shaking his head slowly and +continuously for half a minute. To men accustomed to the decencies of +British Courts of Justice this incident was rather revolting. When it +is remembered that the Government refused to produce the minute +referred to, and that through their representatives they claimed +'privilege' for the interview at which it was given, in order to +absolve themselves from appearing in Court, and that Mr. Wolmarans +himself sent the message to the Rand that the Government by the +withdrawal of its police gave practical evidence of holding out the +olive-branch, his conduct appears the more unprincipled. + +The State Attorney in a purely formal address, in consonance with his +promise to Mr. Wessels not to seek exemplary punishment, asked for +punishment according to law. Mr. Wessels in reply made an eloquent +appeal on behalf of the accused and recited the circumstances which +led to their seeking redress in the manner in which they did. He +referred to the negotiations with the Government, to the part played +by the Reform Committee in the maintenance of order, to the fidelity +with which they had fulfilled their undertakings with the Government, +and to their attitude towards Dr. Jameson. His references to the +Government and to the existing abuses were made as judiciously as +possible. He referred candidly to the relationship with Dr. Jameson, +especially alluding to the efforts made to protect him from the +results of his own action and to stand by him even at the cost of +personal sacrifice, and claimed that such action towards their former +colleague within the limits set by them did not necessarily imply +treason against the independence of the State, but should fairly +entitle the prisoners to sympathy for their efforts to save a quondam +colleague, however wrong he might have been. On the point of law, Mr. +Wessels claimed that the Thirty-three Articles formed the basis of +the State's law, that there was specific provision for such cases as +this in those Articles, and that the punishment to be meted out to +the prisoners should be in accordance with these statutes, modified +as the Court in its judgment might deem fit. No sooner had Mr. +Wessels resumed his seat than Dr. Coster, as was then thought, +repenting the fulfilment of his promise and casting off all disguise, +or, as is more probable, carried away by an over-mastering excitement +and strong personal and racial feeling and stimulated by +concentration upon one aspect only of the case, claimed the right to +address the Court again after the advocate for the defence had +spoken. Dr. Coster has the reputation among those who know him of +being a thoroughly honourable and straight-forward gentleman. As a +Hollander no doubt he felt deeply in a matter in which Hollanderism +was the _casus belli_; as public prosecutor it was his duty to +prosecute, not to judge; and one prefers to think that in peculiar +and trying circumstances he forgot the pledge he had given and +remembered only the cause of his party. In a short but very violent +speech he depicted in the blackest terms the actions of the men +against whom he had agreed not to seek exemplary punishment, and +pointing out the provisions of the Roman-Dutch law, claimed that the +Court should apply it in this case in preference to the statutes of +the country, and demanded from the Court the severest possible +penalty which could be imposed under that law and under the +Thirty-three Articles and the Gold Law as well. With reference to the +last-named, Dr. Coster having mentioned the provision regarding the +confiscation of property, said that upon this point he would not +speak but would leave the matter to the judgment of the Court. The +Court was then adjourned until the morning of the 28th, ostensibly in +order to enable the judge to consider the evidence and make up his +mind. + +The majority of the prisoners, utterly unsuspicious of what lay +before them, made all necessary arrangements to return to their homes +and avocations upon the conclusion of the trial, believing that a +nominal fine would be the penalty imposed. Many of them had taken +return tickets from Johannesburg available for two days. The public +throughout the Transvaal and South Africa anticipated nothing more +than a nominal punishment upon the majority and a fine of a few +thousand pounds upon the signatories to the letter of invitation. + +Some of the prisoners however were better informed. News had been +obtained some days before the trial commenced that extra +accommodation was being prepared in the gaol, avowedly to provide for +the Reformers. Two of the accused visited the gaol and verified this. +Others of the accused, few in number, were informed by personal +friends who had special means of getting information in Pretoria that +imprisonment would be the lot of all and that the punishment on the +leaders would be extremely severe; and they provided for this +contingency accordingly. The manager of the Government newspaper in +Pretoria informed two or three of those interested that the sentence +of death would be passed upon the four leaders, as this had been +arranged; and men closely associated with the leaders themselves had +been confidentially informed beforehand that it was the intention of +the Government to pass sentence of death, and that the matter was a +cut-and-dried one. The information was given with a view to preparing +the prisoners for what awaited them. + +On approaching the temporary Court-house (the Pretoria Market +Buildings having been altered for this purpose) on the morning of the +sentence, it was perfectly evident that some serious development was +afoot. The town was thronged with mounted burghers, State artillery, +and mounted and foot police. Every approach to the Court was guarded +and the streets were patrolled. Most of the population of Pretoria +were gathered in the Market Square, endeavouring to gain admittance +to the Court. The prisoners were arranged in their former places in a +special quarter of the building railed off for the purpose, with the +exception of Messrs. Phillips, Farrar, Rhodes and Hammond, who +were separated from the rest and placed in a special movable dock, +which had been carried in over the heads of the people after the hour +appointed for the sitting of the Court. The appearance of this dock +was recognized by all to be ominous, but some relief from the feeling +of foreboding was experienced when Judge Gregorowski after taking his +seat was observed to smile several times and to make some jocular +remark to one of the officials of the Court. The faces of the +officials however damped any hopes that were built upon the judge's +genial appearance. + +Many of these gentlemen were personal and intimate friends of the +prisoners: some were connected by closer ties; and one of the most +trying experiences for the prisoners was to witness the complete +breakdown of the minor officials employed in the carrying out of this +tragic farce. The judge's first order was for the removal of all +ladies. The wives and relatives of many of the prisoners had been +warned by them beforehand of what was likely to happen and had +accordingly absented themselves, but there were nevertheless a good +number of ladies present. Judge Gregorowski then took the case in +hand, passed in review the circumstances, and dealt with much of the +evidence, including that taken at the preliminary examination and the +documents put in by Government which had not yet been seen by the +prisoners' advisers. He made no reference to the statement of the +principal accused, subject to which their plea of guilty had been +made and accepted. He reviewed the law, and by a method of reasoning +which has not commended itself to others he justified himself for +setting aside special statutes and applying the Roman-Dutch law +instead. In conclusion, he stated that he held the signatories of the +letter to be directly responsible for the shedding of the burghers' +blood at Doornkop, that he would therefore pass upon them the _only +punishment possible_ under Roman-Dutch law--namely death, and that +whatever hope there might be in the merciful hearts of the Executive +Council and in the President's great magnanimity, they should +remember that in no other country would they have the slightest +grounds for hope. The usual question as to whether there were any +reasons why sentence of death should not be passed upon them having +been put and the usual reply in the negative having been received, in +the midst of silence that was only disturbed by the breaking down of +persons in various parts of the hall--officials, burghers, and in the +general public--sentence of death was passed, first on Mr. Lionel +Phillips, next on Colonel Rhodes, then on Mr. George Farrar, and +lastly on Mr. Hammond. The bearing of the four men won for them +universal sympathy and approval, especially under the conditions +immediately following the death sentence, when a most painful scene +took place in Court. Evidences of feeling came from all parts of the +room and from all classes of people: from those who conducted the +defence and from the Boers who were to have constituted the jury. The +interpreter translating the sentence broke down. Many of the minor +officials lost control of themselves, and feelings were further +strained by the incident of one man falling insensible. + +Sentence was next passed upon the other prisoners. They were +condemned to suffer two years' imprisonment, to pay a fine of L2,000 +each, or as an alternative suffer another year's imprisonment, and +thereafter to be banished from the State for a period of three years. +It was added that the question of confiscation of their property +would be one for the Executive to deal with. + +The action of Mr. Gregorowski has been variously described, but at no +time more graphically than at the time of the sentence, when a +sergeant of police who was guarding the prisoners exclaimed in the +peculiar Dutch idiom: 'My God! he is like a dog: he has bitten and +chewed and guzzled!' + +After passing the minor sentences the judge gave a short address to +the burghers, in which he thanked them for their attendance and made +allusion with evident signs of satisfaction to the manner in which +the trial had been brought to a conclusion. A long delay followed +during which the judge proceeded to note his judgments. Once his +attention was drawn by a remark of an official to which he replied +promptly, at the same time breaking into a broad smile, but suddenly +recollecting the circumstances and the presence of the men sentenced +to death, placed his hand over his mouth and wiped the smile away. +The incident was of course noticed by many people in Court and helped +to strengthen the impression which a limited but sufficient +experience of Mr. Gregorowski had already created. + +If the belief which now obtains, that the Reformers were enticed to +plead guilty and misled as to the probable consequences of that plea, +should outlive personal feelings and leave a permanent mark in South +African history, it will be because it survives a searching test. In +South Africa--as in many other countries--it is the invariable +practice of the Courts to decline to accept the plea of guilty to a +capital charge. The prisoner is informed that as the plea involves +capital punishment it will not be accepted; and a formal trial and +sufficient evidence of the crime are required by the Court. That is +done even in cases where the prisoner knows what the punishment will +be! In the case of the Reformers the State Attorney had, it is true, +informed Mr. Wessels that he would be obliged _pro forma_ to put in +certain evidence, but the reason was not given, and Mr. Wessels +regarded it merely as the _quid pro quo_ for accepting unquestioned +the written statement of the four accused! Mr. Gregorowski in +defending his sentence has stated that under Roman-Dutch law he had +no option but to pass sentence of death. Yet contrary to the custom +with which seventeen years' practice had made him familiar he +accepted the plea of guilty--and accepted it without a word of +explanation or of warning! Is it surprising that people should want +to know why? + +The men were removed from Court under very heavy escort, the +condemned men being conveyed in a closed carriage and the rest of the +prisoners being marched through the streets to the gaol, the whole +party moving at a foot pace. A little incident at the start did not +fail to attract attention. The officer commanding a section of the +guard having issued his orders in Dutch and some confusion having +ensued, the orders were repeated _in German_, with a satisfactory +result. + +One more incident--trifling perhaps in itself but leaving an +ineffaceable impression--occurred during the march to the gaol. As +the prisoners slowly approached the Government buildings, Dr. Leyds +accompanied by one friend walked out until within a few yards of the +procession of sentenced men (a great proportion of whom were +personally well known to him) and stood there with his hands in his +pockets smiling at them as they went past. The action was so +remarkable, the expression on the State Secretary's face so +unmistakable, that the Dutch guards accompanying the prisoners +expressed their disgust. His triumph no doubt was considerable; but +the enjoyment must have been short-lived if the accounts given by +other members of the Executive of his behaviour a month later are +to be credited. The man who stood in safety and smiled in the faces +of his victims was the same Dr. Leyds who within a month became +seriously ill because some fiery and impetuous friend of the +prisoners sent him an anonymous letter with a death's head and +cross-bones; who as a result obtained from Government a guard over +his private house; and who thereafter proceeded about his duties in +Pretoria under armed escort. + +It is stated that the death sentence was commuted the same afternoon, +but no intimation of this was given to the prisoners and no public +announcement was made until twenty-four hours later. In spite of the +vindictive urgings of the Hollander newspaper, the _Volksstem_, few +could believe that the death sentence would be carried out and most +people recognized that the ebullitions of that organ expressed the +feelings of only a few rabid and witless individuals among the +Hollanders themselves and were viewed with disgust by the great +majority of them. At the same time the scene in court had been such +as to show that the Government party--the officials and Boers then +present--had not regarded the death sentence as a mere formality, but +had, on the contrary, viewed it as a deliberate and final judgment. +In such circumstances therefore it can be believed that the prisoners +themselves were not without misgivings. + + +Footnotes for Chapter VIII + +{33} Died in prison. + +{34} Unable, owing to illness, to stand trial +with the others. On recovery, Mr. Curtis returned to the Transvaal, +and decided to plead 'not guilty,' whereupon proceedings were +dropped. + + + + +CHAPTER IX. + +LIFE IN GAOL. + + +In the Transvaal no distinction is made between ordinary criminals +and those who in other countries are recognized as first-class +misdemeanants. Consequently the Reformers, without regard to the +nature of their offence, their habits, health, age, or condition, +were handed over to the gaoler, Du Plessis, a relative of President +Kruger, to be dealt with at his kind discretion. For two days the +prisoners existed on the ordinary prison fare. The majority being men +in the early prime of life and in excellent health, suffered no ill +effects, preferring to do with little or no food rather than touch +that which was doled out to them; but to the others it was a rather +serious thing. There were several men between fifty and sixty years +of age whose lives had been spent under favourable conditions. There +were some suffering from consumption, one from diabetes, one from +fever, one from dysentery, and several others from less dangerous but +sufficiently serious complaints. All alike were compelled to sleep +upon the floor, with two thin blankets for protection. They were +locked in at 6 p.m., and allowed out at 6 a.m. Sanitary accommodation +was represented by the presence of a couple of buckets in the +sleeping room. The air-space per man worked out at 145 cubic feet as +against 900 feet prescribed by English prison regulations. +Ventilation was afforded on the one side by square holes cut in the +corrugated iron walls of the shed,{35} and on the other (the +buildings being lean-to's against the permanent prison buildings) +by grated windows opening into the native cells. Needless to say, +these grated windows were originally intended to afford ventilation +to the native cells, but the buildings to accommodate the Reformers +had been erected against the side-walls of the Kaffir quarters. The +stench was indescribable. At 6 a.m. the prisoners were allowed out +into the yard, where they had the option of exercising throughout the +day. The lavatories and bathing arrangements consisted of a tap in +the yard and an open furrow through which the town water ran, the +lower end of which was used as a wash-place by prisoners, white and +black alike. Within a foot or two of the furrow where alone washing +of the person or of clothing was allowed stood the gaol urinals. +There was neither adequate provision in this department nor any +attempt at proper supervision, the result being that through +irregularities, neglect, and defective arrangement the ground on both +sides of the water-furrow for six or eight yards was horribly stained +and saturated by leakage. Many of the prisoners could not approach +this quarter without being physically ill. Without further detail it +may be stated that there were at that time over 250 prisoners, about +100 of whom were white. There were three closets and six buckets for +the accommodation of all, and removals took place sometimes once a +day, sometimes once in every four days. Nothing but the horror of +such conditions, and the fact that they prevail still in Pretoria +Gaol, and presumably in other gaols more removed from critical +supervision, could warrant allusions to such a disgusting state of +affairs. + +At 6.15 breakfast was served. A number of tin dishes, containing one +pound of mealie-meal porridge (ground maize) each were placed in a +row on the ground in the yard in the same manner as a dog's food +might be set out. A bucket near by contained some coarse salt in the +condition in which it was collected in the natural salt pans, the +cubes varying from the size of peas to the size of acorns. No sugar, +milk, tea, or coffee, was allowed. In order to utilize the salt the +prisoners were obliged to crush it with rough stones on the cement +steps. Needless to say, but few partook of this food. To those who +had not tasted it before in the course of prospecting or up-country +travelling where conditions are sometimes very hard, it was no +more possible to swallow it than to eat sawdust. + +Dinner was at twelve o'clock, and it consisted of coarse meat boiled +to that degree which was calculated to qualify the water in which it +was boiled to be called soup, without depriving the meat of all title +to be considered a separate dish. With this meal was also served half +a pound of bread. Supper, which was provided at five o'clock, was +exactly the same as breakfast. + +Two days of this fare told very severely upon those whose physical +condition was not of the best. By the third day several of the older +men and those in ill-health had broken down and were placed on +hospital fare. Matters were sufficiently serious to induce the +authorities to allow gradual amelioration of the conditions, and by +degrees food of a better class was introduced. Mattresses and other +articles of bedding were allowed, but stretchers although provided +for in the prison regulations were denied to the men until a few +hours before their release a month later, when the prisoners were +permitted by the gaoler to purchase them, no doubt with an eye to +reversion to him in the course of a few hours. From time to time the +regulations as to food were varied at the whim of the gaoler. On one +day only cooked food would be allowed in; on another only raw food; +on a third nothing but tinned stuff; on a fourth all was turned back +at the gates with the exception of that obtained by a few individuals +at a heavy premium. + +A day or two after the passing of sentence representations were made +to the prisoners, excluding the four death-sentence men, that it +would be advisable to appeal to the clemency of the Government for +some mitigation. In that case, it was stated, there was every reason +to believe that the sentence of imprisonment would be entirely +remitted and that the sentence of banishment would also be commuted. +The individuals from whom this suggestion first came were of the +class which habitually trades between the Government and the +public--the gentlemen of the backstairs. For this reason some of the +prisoners gave considerable credence to the reports, whilst others +for the very same reason would have nothing whatever to do with them. +Hence arose a condition of things very like a deadlock among the +prisoners themselves. It was represented by these agents that it +would be worse than useless for some of the prisoners to petition if +many others refused to do so and stood out. Some of the prisoners did +actually petition--a course of action which was strongly condemned by +others; but it should be borne in mind that there were among the +prisoners many men who were in bad health and poor circumstances, who +had heavy responsibilities in private life, and who were not only +unable to pay their fines, but even unable to make any provision for +their families during incarceration. Such conditions would tend to +shake the nerve of most men. + +With this nucleus to work upon the Government through their agents +began a system of terrorism by which they hoped to establish +conditions under which their 'magnanimity by inches' would appear in +the most favourable possible light. The first petition presented for +the signature of the prisoners was one in which they were asked to +admit the justice of their sentences, to express regret for what they +had done and to promise to behave themselves in the future. The +document closed with an obsequious and humiliating appeal to the +'proved magnanimity of the Government.' The reception accorded to +this was distinctly unfavourable, copies of the petitions being in +some instances torn up and flung in the faces of those who presented +them. The great majority of the prisoners refused to have anything to +do with them, and on representing the view that any appeal so couched +was not consistent with their self-respect, they were informed that +the petition had already been shown to the President and members of +the Executive Council and had been approved by them and that it would +not look well to alter it now. + +Every effort was made for some days to induce the prisoners to sign +this document, but they refused. A certain number of the men were +opposed to signing anything whatever, even the most formal appeal to +the Executive Council for a revision of sentence. They based their +refusal upon two reasons: 1st, that they had been arrested by an act +of treachery and tried by a packed Court, and if the Executive +recognized the injustice of the sentence they might act +spontaneously without petition from the prisoners; 2nd, that they +believed that any document however moderate which they might sign +would only be the thin end of the wedge by which the Government hoped +to introduce the principle of individual statements and pleas--that +is to say each one to excuse himself at the expense of his neighbour, +and thus enable the authorities to establish by the prisoners' own +confessions the extent of the guilt and complicity which they had +been unable to prove. + +Under such conditions an appeal was made to Messrs. Rose Innes, Q.C., +and Solomon, Q.C. These gentlemen had remained in Pretoria and +devoted their time and energies to obtaining some amelioration of the +conditions of imprisonment and some mitigation of the sentences +imposed upon the Reformers. The petition as presented by the +Government was shown to Mr. Innes, who indignantly rejected the +suggestion of signing any such document. As the strongest reason +adduced in favour of signing petitions was the statement that +according to law and custom it was impossible for the Government to +take cognizance of the prisoners' case even with every desire to +mitigate the punishment unless it was brought before them by direct +appeal, Mr. Innes undertook to see the President and Chief-Justice +Kotze on the subject. By this time further suggestions had been made +on the subject of petitions, and the prisoners were being urged among +other things to name in plain terms the extent and manner in which +they would like their sentences commuted. This proposal was regarded +as a preposterous and ridiculous one; but nothing is too ridiculous +for Pretoria and it was necessary to deal seriously with it. + +In these circumstances, Mr. Rose Innes interviewed the Chief Justice, +in order to get the highest authority in the country as a guide. Mr. +Kotze would not at first express an opinion as to whether petitions +should be sent in, but he was evidently inclined to recommend them as +politic, 'But,' said Mr. Innes, 'it is not a question of policy; it +is a matter of law. Is there anything in the law which renders it +necessary for a prisoner to petition before his sentence may be +revised by the Executive--anything which debars the Executive from +dealing with his case if he does not petition?' Mr. Kotze's answer +was clear: 'No, certainly not--nothing whatever!' + +In the interview with the President which took place immediately +after this Mr. Innes was brusquely informed that petitions from the +prisoners were of no value, and would receive no consideration; that +the President did not want any of their petitions; and that he was +guided solely by his burghers, who had already petitioned in the +matter. 'I would pay more heed,' said Mr. Kruger, 'to a petition from +fifty of my burghers than to one from the whole of Johannesburg.' At +the conclusion of an unpleasant interview, which called for all the +tact and good temper at the command of the gentleman who was +interesting himself on behalf of the prisoners, the President added +in an offhand manner, 'The petitions can do no harm and might +strengthen my hands in dealing with the rest of the Executive; so +they can send them in if they like.' + +With this answer Messrs. Innes and Solomon returned to the gaol, and +after informing the prisoners of what had taken place advised them, +under the circumstances, to make a formal but respectful appeal for a +revision of the sentences. It was their opinion, based upon the +information which they had at great pains gathered, and it was also +the opinion of the Chief Justice, that no petition was necessary, and +that the sentences would be brought under the consideration of the +Executive by the memorials of the burghers; but they considered that +as interested persons or indiscreet friends had already suggested the +idea of petitions, and as a refusal now to sign anything might have a +very unfavourable effect upon persons with the disposition and +character of those with whom they had to deal, it would be advisable +to make an appeal so worded as to formally comply with the +requirements of the extreme party in the Executive; one which would +satisfy those of the prisoners who were in favour of appealing, and +would not be offensive to those who were against petitions at any +cost. + +The strongest reason for urging this was to preserve unanimity of +action among the prisoners. The course was in fact a compromise +designed to satisfy those who considered a petition of some sort to +be necessary, and those who would not as they expressed it +'sacrifice their self-respect' by asking for anything from the +people who had treated them in what they deemed to be a dishonest +and treacherous manner. + +All the prisoners except Messrs. A. Woolls-Sampson and W.D. (Karri) +Davies agreed to this: many did so much against their own wishes +because of the appeal to stand together, and because it was strongly +urged that their obstinacy would affect not only themselves but would +prevent the liberation of others whose circumstances were almost +desperate. They yielded--it is true--but remained unconvinced. To +Messrs. Sampson and Davies the answers of the Chief Justice and the +President are now of considerable importance, since the reason given +for their detention involves the repudiation of the assurances given +by the President and Chief Justice. + +Those who had not signed any other form of appeal now made a formal +application to have their sentences brought into review by the +Executive Council. They stated then their belief that it was only the +beginning of the petition business that it would be wholly +ineffective and that it was to be understood that they would sign no +more under any circumstances. This application was deemed by the +emissaries of the Government to be sufficient to comply with the +requirements, and promises were conveyed to the prisoners that the +sentences would be at once taken into consideration and commutations +announced. In the course of a day or two however further demands were +made, and the prisoners were informed that they would be dressed in +prison garb under severer regulations specially passed for them +unless they at once petitioned against this course. + +Again Mr. Innes represented their case to the Government at the +dictate of his own feelings of humanity, and not prompted thereto by +the prisoners themselves, most of whom would have been glad to see +the Government wreak their vengeance in petty and vindictive +provisions. The proposed alterations were however abandoned without +protest from the prisoners after the supply of convict garb had been +sent up to the gaol. So matters went on day by day, each day bringing +its fresh instalment of threats promises and cajoleries, each +morning its batch of disappointments. It was at first difficult to +say what object the Government had in view in endeavouring to compel +the Reformers to sign petitions, unless it were the unworthy one of +desiring to humiliate men who were already down, or the perhaps +more contemptible one of forcing them to turn informers by a process +of self-excusing and thus enable them to differentiate in the +commutations. The fact remained that repeated efforts were made and +pressure brought to bear upon the men to induce them to sign. One +pretext after another was used. Finally the naked truth came out: the +Government required each man to state in an individual declaration +the extent of his guilt the extenuating facts and the circumstances +under which he became associated with the Reform movement. This was +exactly what had been foretold by men who understood Boer methods. + +The means resorted to by the gaol officials to enforce this +petition-signing were characteristic. The gaoler (Du Plessis) is one +of the most unfavourable specimens of his race. Unscrupulous and +brutal in his methods, untrustworthy as to his undertakings, and +violent and uncertain in his temper, he singled out those among the +prisoners whom he considered to be the leaders of the 'stiff-necked' +party as he termed it, and treated them with as much severity as he +could. These men found themselves unable to obtain those facilities +which were regarded as the right of all the prisoners. Upon occasion +their food was stopped at the gates, and visitors--their wives and +families--were refused admission, although provided with permits from +the proper authorities and complying with the gaol regulations; and +on more than one occasion he informed individual members of this +party that the 'petitions would have to be signed,' that they would +have to 'go down on their knees to the Government,' otherwise they +would 'rot in gaol.' All this undisguised eagerness to obtain the +signatures naturally only strengthened the resolution of the men who +stood out. They had already against their wishes and judgment signed +one application, and more than that they refused to do. When it was +found to be impossible to induce the men to inform against each +other, some modification was made in the demands of the +petition-hunters and some prisoners were asked and induced to make +statements concerning their own part in the late movement, making no +allusion to the part played by others, and, for reasons which it is +impossible to divine unless it was designed to lead to something +more, this was regarded by the Government as a desirable step. + +The suspense and disappointment added to the original sentence upon a +man who was never even mentioned in evidence and who took no part in +the Reform movement, beyond associating himself with the +organizations for the protection of property in Johannesburg, told so +severely upon one of the prisoners that his mind became unhinged, and +in the course of the following period he developed marked signs of +homicidal and suicidal mania. His condition was so serious that +strong representations were made to all the officials connected with +the gaol--the gaoler himself, the district surgeon, the commissioner +of police, and the landdrost of Pretoria. The prisoners themselves +organized a system of guards or watches over their comrade, pending +the result of their representations to the officials. On the fourth +day however the unfortunate man, driven out of his mind by the +constant and cruel disappointment of purposely raised hopes, eluding +the watchfulness of his friends took his own life. + +The news of this event was received with horror throughout South +Africa, the more so as for some days previously the newspapers had +hinted at some such impending catastrophe. In the course of the +inquiry which was held evidence was given showing that the gaol +surgeon had reported the state of affairs to the proper authorities +some days before, but in a formal and half-hearted way. Evidence +however was forthcoming that four of the prisoners (themselves +medical men) had forcibly represented the extreme seriousness of the +case to the gaoler, the gaol surgeon and the landdrost of Pretoria, +and had induced the assistant-gaoler and warders to support their +representations, but all without avail. The result of the inquiry was +to lay partial blame upon the doctor and to acquit everybody else--a +result which the public have been used to expect in the Transvaal. It +is somewhat difficult to see how the decision was arrived at, seeing +that in the offices there was the record of a special pass granted +to the unfortunate man's wife to visit him and remain with him for a +considerable period on the previous day in order to cheer him up +and avert serious consequences. The incident told severely upon the +nerves of those who were not themselves in the best of health, and +it was found necessary immediately to release or remove others among +the prisoners for fear of similar results. + +The Government seemed to realize that it was incumbent upon them to +do something in order to allay the feeling of indignation which was +being roused throughout South Africa at their manner of treating the +prisoners, so a further instalment of magnanimity was decided upon. +On the day of the unfortunate affair the manager of the Government +newspaper, _The Press_, was authorized by President Kruger and other +members of the Executive to inform the prisoners that they would have +to make modified personal statements of the nature previously +indicated, and if these petitions were presented to the Executive +Council by 8 a.m. on the following Monday (the prisoners would then +have been three weeks in gaol) orders for their release would be +issued by Monday night. In order to secure a favourable reception of +this suggestion it was arranged that the clergyman who was to conduct +Divine service on Sunday in the gaol would deliver this message from +the President to the prisoners at the conclusion of the service, and +urge the men for their own sakes and for the sake of their families +and of their friends to abandon the position which they had taken up +and to sign declarations of the nature required, and so secure their +release. Nor was this all. Outside the gaol the wives of those men +who stood out against the petition movement were informed by +Government officials that unless the demands of the Government were +complied with by their husbands they would serve the full period of +their sentence. Pressure was brought to bear upon these ladies and +special facilities were given them to visit the gaol, avowedly in +order to bring about the desired end. + +Eleven of the prisoners--apart from the four whose punishment in +substitution for death had not been decided upon, and who were +therefore not concerned in the petitions--declined to reconsider +their decision, and elected rather to serve their term of two years; +and they expressed the conviction at the same time that these +promises of the President would not be kept any more than others +had been. The result justified their judgment. After a postponement +of two days on some flimsy pretext the official intimation of the +commutations was given to the prisoners on Wednesday, May 20. Instead +of the release positively and definitely promised the term of +imprisonment was reduced in the following degree: Ten men were +released, twenty-four men were condemned to three months', eighteen +to five months', and four to one year's imprisonment; and the +clemency of the Government towards the four leaders was indicated by +a sentence of fifteen years each. + +Even a short period of imprisonment under the existing conditions +meant certain death to a proportion of the men sentenced, and it is +not to be wondered at that the 'magnanimity' displayed by the +Government after the disappointments and delays seriously affected +the health of a number of the men, following as it did closely upon +the tragic affair already alluded to. + +With regard to Messrs. Sampson and Davies no decision was announced, +it being intimated by Dr. Leyds that, as they had made no petition, +their case had not been brought before the Government, and the +Executive had therefore no official knowledge of their existence. But +the extent of the Government's magnanimity was even then not fully +known. On the following day it was announced to the prisoners that +they had been misinformed with regard to the five and twelve months' +commutations--that the intention and resolution of the Executive was +merely to grant these men permission to appeal at the end of the +periods named to the aforesaid magnanimity. + +Some prominence has been given to the cases of those prisoners who +were unable for physical or other special reasons to withstand the +strain; and it should therefore be made equally clear that in many +cases the men regarded with contemptuous amusement the cat and mouse +policy and the stage-managed magnanimity displayed towards them. They +were perfectly well able and willing to endure the sentence passed +upon them, and they were not misled by Boer promises in which they +had never had any faith at all. There are good reasons to be assigned +for the willingness of many of the men to make appeals to the +Government: sheer hard necessity and the sufferings of those +dependent upon them were among these reasons; and it is unfair to +consider these appeals to have been due to loss of nerve. + +There were among the prisoners twenty-three Englishmen, sixteen South +Africans, nine Scotchmen, six Americans, two Welshmen, one Irishman, +one Australian, one Hollander, one Bavarian, one German, one +Canadian, one Swiss, and one Turk. This variety of nationalities +should receive due consideration when questions such as for instance +that of the flag are considered. In this matter of petitions it was +not to be expected that men whose associations with the country had +been limited to a few years should experience the same depth of +feeling and bitterness of resentment as the South Africans born who +look upon the country as their native land and who view with keen +resentment the attitude of the Boers towards them in the Transvaal, +so much at variance with their attitude towards the Boers in the +neighbouring colonies. Nothing could illustrate this difference in +feeling better than the fact that of the eleven men who throughout +declined to sign petitions eight were South African born, one +Australian, one English, and one Scotch. There is nothing +discreditable to others in these figures; they simply indicate the +difference of feeling which did and indeed naturally must exist. The +South African born men consider themselves to have been robbed of a +portion of their birthright; the others have not the same reason for +thinking this. + +With men of so many nationalities the position of the British +Resident would in any case have been one of difficulty, especially +after the part played by the High Commissioner. In the case of Sir +Jacobus de Wet very little satisfaction was given. What caused the +most comment and annoyance among the prisoners was that official +representatives of other countries appeared to have unusual +facilities offered them to visit the subjects of their Government--at +least, they could command the ordinary courtesies--whereas in the +case of the British Agent nothing of this sort existed. Frequently he +was observed standing outside the gaol in the worst of weather +without shelter, patiently waiting until the gaoler would deem fit to +see him. In the meantime that official would stroll through the yard, +making remarks to his subordinates indicative of the satisfaction he +experienced in keeping the representative of Her Majesty outside in +the rain and mud. Upon occasions when he was afforded admission he +was hustled through the yard by a warder and not allowed to hold +private conversation with any of the prisoners. On several occasions +he complained that he was refused admission by order of the gaoler, +and the spectacle of England's representative being turned away by an +ignorant and ill-conditioned official like Du Plessis was not an +edifying one. It is only necessary to say that upon an occasion when +Du Plessis adopted the same tactics towards the Portuguese Consul +that gentleman proceeded at once to the Presidency and demanded as +his right free admission to the gaol whenever he chose to go, and the +right was promptly recognized although there was no subject of his +Government at the time within the precincts. Indeed the Portuguese +Consul stated openly that he called for the purpose of visiting as a +friend one of the Reform prisoners, giving the name of one of the +recalcitrants most objectionable to the Government. The American +Consul too carried matters with a high hand on the occasion of his +visit to Pretoria, and it seemed as though the Paramount Power was +the only one which the Transvaal Government could afford or cared to +treat with contempt. + +The period of gaol life afforded the Reformers some opportunity of +studying a department of the Transvaal Administration which they had +not before realized to be so badly in need of reform. The system--if +system it can be called--upon which the gaol was conducted may be +gathered from the gaoler's own words. When one of the prisoners had +inquired of him whether a certain treatment to which a white convict +had been subjected was in accordance with the rules of the gaol and +had received an answer in the affirmative, he remarked that he did +not think many of the Reformers could exist under such conditions. Du +Plessis replied: 'Oh no! Not one of you would be alive a month +if the rules were enforced. No white man could stand them. Indeed,' +he added, 'if the rules were _properly_ enforced, not even a nigger +could stand them!' + +Some subsequent experience of gaol-life induced the Reformers to +accept this view as tolerably correct. It is known for instance that +after the Malaboch war sixty-four of the tribe were incarcerated in +Pretoria Gaol. Some twenty were subsequently released, but of the +remainder twenty-six died within the year. Bad food vile sanitary +arrangements and want of clothing and shelter contributed to this +end. Malaboch was a petty chief against whom an expedition was +organized, ostensibly because he had refused to pay his taxes. The +expedition is chiefly notorious on account of the commandeering of +British subjects which led to the visit of Sir Henry Loch already +described. It resulted--as these expeditions inevitably do--in the +worsting of the natives, the capture of the chief and his headmen, +and the parcelling out of his tribe as indentured servants among the +Boers. + +Considerable sympathy was felt with Malaboch among the Uitlanders, +not because of his refusal to pay taxes but because the opinion +prevailed that this refusal was due only to the tyrannical and +improper conduct of the Boer native commissioners; and a number of +Johannesburg men resolved in the interests of the native and also of +the native labour supply on the Rand to have the matter cleared up at +the forthcoming trial of the chief. Funds were provided and counsel +employed, nominally to defend Malaboch, but really to impeach the +native commissioners, who in many cases were and continue to be a +perfect curse to the country. No sooner had this intended course of +action become known than the Government decided to treat their +prisoners under the provisions of martial law--to treat them, in +fact, as prisoners of war, who were liable to be indefinitely +detained without further trial. Under these conditions they were +placed in the Pretoria Gaol, and with the exception of a few +subordinates there they have lived--or died--since. The offences of +these natives, for all anyone knows, may have been similar to those +of Langalibalele, Dinizulu, Secocoeni, Cetewayo, and other native +chiefs whom the British Government have also disposed of without +trial. But it is urged that these men are entitled to a trial, +because it is well known that the provocation under which they +committed their offences against the law--if indeed any were +committed--was such as, in the minds of most people, would justify +their action.{36} + +The position of a native in the Pretoria Gaol is indeed an unhappy +one. Sleeping accommodation--that is to say, shed accommodation--is +provided for about one-quarter of the number confined there. During +fine weather it is no hardship upon the natives to sleep in the open +yard provided that they have some covering. The blankets doled out to +them are however in many cases such as one would not allow to remain +in one's kennels; and in wet or cold weather (and the fact is that +during at least one quarter of the year the nights are cold, whilst +during the five months' wet season rain may fall at any time) the +sufferings of these unfortunates many of whom have no blankets at all +are very severe. Of course the stronger fight their way into the +shed, and even fill the little covered passage-way; the others crouch +or lie about in the open yard like wild beasts without a vestige of +shelter. + +On behalf of the native political prisoners representations were made +by the gaol doctor that they were dying in numbers from scurvy and +fever, for want of vegetable food. A special effort on his part +secured for a few days some allowance of this nature, but the matter +having been brought to the notice of General Joubert, the +Superintendent-General of natives, peremptory orders were issued to +discontinue this; and this although the wretched creatures might have +been sufficiently supplied from the gardens attached to the gaol +which are cultivated by the prisoners, and the product of which was +used by the gaoler to feed his pigs. For a little while longer the +doctor continued the vegetable diet at his own expense, but being +unable to afford this it was discontinued and the former death-rate +was resumed. + +Floggings are quite common. In many instances white men have been +flogged there. It is not intended to suggest that this should not +have been done, but cases occurred in the Pretoria Gaol which are +surely difficult to justify. Du Plessis stated to the Reform +prisoners that he had with the sanction of the Landdrost inflicted +upon one prisoner named Thompson, who was undoubtedly refractory and +disobedient, _upwards of eighty lashes within three weeks._ He added +that this was as good as a death-sentence, because neither white nor +black could stand two inflictions of twenty-five lashes, as they were +given in Pretoria Gaol, without permanent injury to the constitution. +The effect, he observed, of this severe punishment upon the back was +to cause the blood to rush and settle on the lungs, and in every case +it resulted in fatal lung mischief. + +During the period of imprisonment the Reformers witnessed a +considerable number of floggings. These when inflicted by the +assistant-gaoler or warders were usually marked by some kind of +moderation and consideration for the prisoner's physical condition, +and some regard for official decencies. The same cannot be said of +those in which Du Plessis himself took a prominent part. Upon one +occasion when a native had been released from the triangle, after +twenty strokes from the cat had been borne without a murmur, Du +Plessis suddenly became infuriated at the stoicism of his victim, and +stepping towards him knocked the released man down with his fist and +spurned him with his foot. Upon another occasion a boy of ten or +twelve years of age (under what circumstances is not known) was taken +by Du Plessis into the open yard, stretched in mid air by two warders +gripping his wrists and ankles, and flogged with a cane by Du Plessis +himself. The screams of the child were heart-rending and the sight +caused one lady who happened to be visiting in the gaol to faint. +When the wretched urchin was released by the two warders and stood +cowering before Du Plessis the latter repeated his former performance +of knocking his victim down with his closed fist. + +Mr. Du Plessis it should be remembered is a sample of a certain class +only of the Boers--not by any means of all. He is a man with a +treacherous and vindictive temper, distinctly unpleasant in +appearance, being coarsely and powerfully built, and enjoying an +expression of countenance which varies between cunning and +insincerity on one hand and undisguised malevolence on the other. +Some idea of the general kindliness of his disposition may be +gathered from his actions. On one occasion, when special +relaxation of the rules was authorized by the Landdrost of Pretoria +in order to enable a number of the Johannesburg friends of the +prisoners to see them, and when about one hundred permits had been +issued by that official to men travelling over from Johannesburg +specially for the purpose, Du Plessis devised means to defeat this +act of consideration, and issued orders to his guards to admit only +three visitors at a time to the gaol. As a consequence, more than +half failed to gain admittance. Nor was he satisfied with this; he +informed the prisoners themselves that he wished the Landdrost had +issued two hundred passes instead of one hundred, so that he might +let those Johannesburg people know who was 'baas' there. Possibly the +fact that on the previous day he had been severely rebuffed in his +petition campaign may have provoked this act of retaliation. + +Another instance of Mr. Du Plessis' system was afforded by the case +of an old schoolmaster, an Englishman named Grant. He had been a +teacher upon the farm of a Boer near Pretoria. Through some +difference with his employer he was dismissed; and his own version of +the affair indicates that he suffered considerable injustice. From +the evidence given in the case in which he subsequently figured it +appeared that in order to urge his grievance he returned to the +Boer's farm and even re-entered the house which he had formerly +occupied. He was arrested and charged with trespass, or threatening +to molest his late employer and members of his family, and was bound +over to keep the peace for six months and to find L50 surety for the +same, failing which he should go to gaol for that period. This seemed +to be rather a harsh sentence to pass upon a man who was over fifty +years of age, entirely destitute of means, of very inferior physique, +and who had been charged at the instance of an individual who could +certainly have protected himself against five such men as Grant. No +doubt the accused was an eccentric man, and probably a nuisance, +and it is even possible that his conduct left the magistrate no +alternative but to pass the sentence which he did: it is not intended +to question the justice of this part of the affair. Having been +sent to gaol, however, because he could not deposit L50, Grant was +treated as the commonest malefactor in all respects but one--he was +allowed to retain his own clothing. The unfortunate old man made a +pathetic picture with his seedy clothes, tail coat, tall white hat, +and worn gloves, which he punctiliously wore whenever called upon to +face the authorities--and it happened rather frequently. He objected +to being classed and herded with the thieves and murderers and others +whose crimes were even more repulsive. He protested against the class +of food that was served to him. For these remonstrances he at first +received solitary confinement and even poorer diet; and later with a +brutality which one can surely only find in a Du Plessis the +unfortunate old man was placed in the Kaffir stocks, thrown out in +the middle of the yard that he might be humiliated in the sight of +all, and kept there in the fierce heat of a tropical sun for half a +day. The sole excuse for this was that he had been unruly in +protesting against the treatment which he was receiving. The +spectacle excited the pity of the Reform prisoners to such an extent +that even with the certainty of an insulting rebuff from the gaoler +they endeavoured to represent the man's case so as to have him +released, but without success. It need only be added that the +unfortunate man did not serve his entire term, the first act of the +first released Reformers being to pay up the surety required and +provide him with funds to leave the country. Grant may have been as +guilty and offensive as eccentricity can make a man, but nothing can +justify the manner in which he was treated. + +The stocks in the hands of Du Plessis were not the mild corrective +instrument which they are sometimes considered to be. According to +this authority the stocks can be made to inflict various degrees of +punishment. Du Plessis states that when he took over the gaol he +found that the custom was to place men in the stocks within a cell +and to trust to the irksomeness of the position and the solitary +confinement to bring about a better frame of mind; but he soon found +that this system was capable of improvement. His first act was to +place the prisoners white or black in the stocks in the middle of the +yard, so that they should be exposed to the observation and remarks +of all the officials and visitors and their fellow-prisoners. In +explaining the reasons for this change, he said that he found that +in a cool cell a man could be tolerably comfortable and that even the +most hardened of them preferred not to be seen in the stocks by +others; whereas in the yard they were obliged to sit on the uneven +gravel and to endure the heat of the sun as well as being 'the +cynosure of every eye.' But this did not satisfy the ingenious Du +Plessis. The yard of the Pretoria gaol inclines from south to north +about one foot in four, and Du Plessis' observant eye detected that +the prisoners invariably sat facing down the slope--for of course +they were not allowed to lie down while in the stocks, this being too +comfortable a position. Upon studying the question he found that in +this way much more ease was experienced owing to the more obtuse +angle thus formed by the body and the legs. This did not suit him and +he issued further orders that in future all prisoners in the stocks +should be obliged to sit facing uphill, and that they should not be +allowed to hold on to the stocks in order to maintain themselves in +this position but should have to preserve the upright posture of the +body by means of the exertion of the muscles of the back alone. +Needless to say the maintenance of such a position for hours at a +time caused an agony of aches which many prisoners were quite unable +to endure, and frequently the men were seen to throw themselves back +and lie down at the risk of being kicked up by the vigilant Du +Plessis and confined in the stocks for a longer period than was +originally intended. Nor did this complete the list of Mr. Du +Plessis' ingenuities. The stocks had been built to accommodate +several persons at the same time, and he found that by inserting the +legs in the alternate holes, instead of in the pair as designed by +the architect of the stocks, the increased spread of the legs caused +still greater strain upon his victim. This was reserved for special +cases--say one in every four or five. + +The incidents here given illustrating the methods of this delectable +individual were all witnessed by the Reformers. The account of Du +Plessis may serve the purpose of showing the methods practised under +a Government whose officials are appointed whenever possible from the +family circle and not because of fitness. It is more especially +designed to show the character of the man in whose hands the +prisoners were placed with almost absolute discretion; the man who +enjoys the privilege of discussing with his relative President +Kruger, at any hour at which he may choose to visit the Presidency, +the treatment to be accorded to his victims; the man who is retained +in his position in spite of repeated exposures by his superiors, and +who is credited with exercising very considerable influence with Mr. +Kruger; but, above all, the man in whose charge remain up to the +present time{37} the two Reformers, Messrs. Sampson and Davies, who +declined to sign any petition, and concerning whom Du Plessis stated +openly: 'Wait until the others have gone, and if the Government leave +them in my hands, I'll make them ready to sign anything.' Sufficient +has been said concerning this individual to warrant the description +publicly given of him by Colonel Rhodes{38}--'A brutal and inhuman +wretch!' Like most bullies the man is also a coward. When he +witnessed the outburst of feeling among the prisoners in consequence +of the death of their comrade, he would not venture into the +precincts of the gaol for two days, until assured that the men had +again become capable of self-control. + +So much for the details of gaol life. + +In the meantime sympathy with the prisoners began to take practical +form, and the unanimity of feeling on their behalf throughout South +Africa, which was quite unexpected and which greatly embarrassed +the Boer Government, tended to bring matters to a head. Mr. Rose +Innes, who had so generously and constantly exerted himself in +Pretoria in order to obtain some amelioration of the condition of the +prisoners, and who had in his official capacity as watching the case +for the Imperial Government made a very strong report to the Colonial +Office, did not content himself with these exertions. Upon his return +to Capetown he suggested and organized the getting up of a monster +petition to the President and Executive, urging upon them in the +interests of the peace of South Africa to release the imprisoned men. +The petitions were to represent the views of every town and village +in South Africa, and were to be presented by the mayors or municipal +heads of the communities. In this movement Mr. Rose Innes was most +ably seconded by Mr. Edmund Garrett, the editor of the _Cape Times,_ +and other prominent men. A movement of this nature naturally excited +considerable attention in Pretoria; but the success of it was wholly +unexpected. The President and his party had played to the South +African gallery, and they had not yet realized that they had in any +way overdone the theatrical part. They had no suspicion of the real +feeling with which the sentences were regarded, nor of the extent to +which they had alienated sympathy by that and the subsequent +'magnanimous' action. 'Magnanimity by inches' had been placarded +throughout South Africa, and the whole game was characterized as one +of cat and mouse, in which the President was playing with his victims +with indifference to the demands of justice and humanity, partly with +a view to wringing concessions from the British Government, and +partly from a mistaken idea that by such a course he would obtain +credit at each step afresh for dealing generously with those who were +at his mercy. + +The movement had been well organized. The resolution had been passed +in every town in South Africa, even including the towns of the Free +State. The mayors (over 200 in number) were on their way to Pretoria, +when the President, with his back against the wall, realized for the +first time that he had overshot the mark and that unless he released +the men before the arrival of the deputies he would either have to +do so apparently at their instance, or refuse to do so and risk +rousing a dangerous feeling. He chose the former course; he released +all the imprisoned men with the exception of the four who had been +sentenced to death and the two who had refused to appeal. Pretoria +and Johannesburg were already full of deputies and visitors from Cape +Colony, Natal, and the Free State, all bound on the same errand of +mercy. The feelings of these men, brought many hundreds of miles from +their homes, sacrificing their own business and personal convenience +in order to approach the President and to support a measure which +they felt to be imperatively necessary to the allaying of feeling in +South Africa may be imagined, but were not expressed, when they heard +that they had been allowed to undertake this journey as part of the +President's game, only to receive a slap in the face from His Honour +by the carrying out of the measure before they were permitted to +interview him. This at least was what was felt to be the case upon +the release of the majority. Absolute proof of it was forthcoming +within the week, when the President refused to receive the +deputations and kept them waiting in Pretoria until he had released +the four leaders as well, without allowing the delegates the +satisfaction of a courteous recognition of their mission. He admitted +them it is true to an informal interview, in the course of which he +managed to insult and outrage the feelings of a good many by +lecturing them and giving vent to very candid opinions as to their +personal action and duties; but he would not receive their +representatives officially. + +On May 30 the prisoners with the exception of the six already +referred to were released, the terms being that their fines should be +paid at once, and the unexpired term of imprisonment remitted. Each +one as released was required to bind himself for the term of three +years, reckoned from the 30th day of May, 1896, neither directly nor +indirectly to meddle in the internal or external politics of the +South African Republic, and to conduct himself as a law-abiding +citizen of the State. + +In some cases the provision was added that if in the opinion of the +Executive Council the terms of this undertaking should be broken, +the sentence of banishment which was held in suspense would come into +force, and the men were required to sign this addendum to the above +undertaking. The resolution of the Executive Council, which deals +with the mitigation of the sentences, states that the imprisonment +portions of the sentences are remitted; that the fines (L2,000 in all +cases) must be paid at once; and that the banishment shall remain in +abeyance subject to the faithful observance of the above undertaking; +but that should any action be taken by any of the prisoners +constituting in the opinion of the Executive Council a breach of the +above undertaking, the sentence of banishment shall come into force. + +There is no definition of the phrase 'meddle in politics,' nor is +there any indication of what in the opinion of the Executive Council +constitutes politics. There is of course on record the President's +own statement in public that he would not permit any discussion on +the dynamite and railway questions because they are matters of 'high +politics'; and if haply the Executive should also hold this view, it +is difficult to see how any of the prisoners will be able to follow +their ordinary business and attend to those commercial affairs in +which they are concerned without committing some breach of this +ridiculous provision. + +No answer was received to the many representations made on behalf of +the four leaders, except that the Government were busy with the +matter. Upon the release of the other prisoners it was suggested to +them by friends outside that it would be a proper and politic course +to proceed in a body to the Presidency and thank the President for +the action he had taken in their respect, and at the same time to beg +of him to extend a similar clemency to the four leaders who were +still left in gaol. Most of the men were dead against taking any such +action. They held very strongly to the opinion that they had been +arrested by treachery, condemned by arrangement, and played with as +counters in an unscrupulous manner. They recognized no obligation +towards the President. They could see no magnanimity in a policy +which had secured their arrest under the circumstances described +which inveigled them into pleading guilty to a nominal offence, +and which imposed upon them a sentence such as that passed. They +considered the enormous fine which they were then called upon to +pay to say nothing of the imprisonment which they had already +suffered wholly disproportionate to the offence, and their natural +impulse was to avoid the man who was directly responsible for it all, +or at least not to meet him under circumstances so unequal, when they +would be sure to be insulted, and would be obliged to suffer the +insult in silence. + +Some of them however yielded to the representations of their friends, +who considered that it should be done for the sake of the men who +were not yet released; whilst there were others who expressed the +view that they would rather go back and do their imprisonment than +suffer the humiliation which it was proposed to inflict; that they +would not do it for themselves, and they could not bring themselves +to do it for anybody else. A considerable number of the prisoners +called upon His Honour; and this was the 'dog' interview. After +hearing the address of the men the President proceeded to pat himself +and his people on the back, saying that he knew he had behaved with +great magnanimity and moderation, and that he hoped that such +generosity would not be entirely thrown away. + +'You must know,' he said, 'that I sometimes have to punish my dogs; +and I find that there are dogs of two kinds. Some of them who are +good come back and lick my boots. Others get away at a distance and +snarl at me. I see that some are still snarling. I am glad that you +are not like them.' + +Those among his hearers who could understand His Honour's remarks, +although they had been prepared for much, were certainly not prepared +for this. The interpreter stood for a moment without rendering into +English the metaphor chosen by the worthy President, and even His +Honour--slow to perceive where he has transgressed the limits of +etiquette and good breeding--gathered from the expressions upon the +faces that something was wrong, and turning to the interpreter, said: + +'Oh, that's only my joke! Don't interpret that to them.' + +But those who witnessed it say that there was no joke in his voice or +his eye as he said it. Proceeding then with more circumspection he +walked out his dog in another form, and said that it was very well to +punish the little dogs as he had punished them, but somebody should +also punish the big dog--evidently referring to Mr. Rhodes--and in +the course of a homily he again mixed his parable, sticking all the +time to his dog however, remarking in conclusion that it was very +well to punish the dogs, but what was to happen to the owner of the +dogs, who stood by urging them on and crying 'Tsaa!'? + +Throughout the week His Honour continued to make the homely dog work +to good purpose, but the interview with the released Reformers was, +it is believed, the first occasion upon which he made use of it. +Certainly on no other occasion did the President do such ample +justice to his reputation as a finished diplomat. + +In the mean time negotiations had been proceeding for obtaining the +release of the leaders. The friends and representatives of the four +prisoners had become subject to all manner of attentions from numbers +of people in Pretoria; near relations of the President himself, +high-placed Government officials, their relatives, hangers-on, +prominent Boers, and persons of all sorts and descriptions, all +offered their services and indicated means by which the thing could +be arranged. All wanted money--personal bribes. The prisoners +themselves were similarly approached, and they who a month previously +had been condemned to death witnessed with disgust a keen competition +among their enemies for the privilege of effecting--at a price--their +release. Day after day they were subjected to the disgusting +importunities of these men--men who a little while before had been +vaunting their patriotism and loudly expressing a desire to prove it +by hanging these same Reformers. + +The gaoler Du Plessis, representing himself as having been sent by +the President, suggested to the four men that they should 'make a +petition.' They declined to do so. Du Plessis was then reinforced by +the Chief Commissioner of Police, and the two officials again urged +this course but stated that they did not wish it to be known that +they had been sent by the Executive and therefore could not +consent to their names being used. Upon these terms the prisoners +again declined. They said that if they were to hold any communication +with the Government they required to have it on record that they did +so at the suggestion of the two responsible gaol officials who +represented themselves as expressing the wish of the Executive +Council. After further delay and consultations with the President and +others the two officials above named consented to allow their names +to be used in the manner indicated. Not content with this the +prisoners demanded that they should be allowed to send an independent +messenger to the President to ascertain whether he really required a +written appeal for revision of sentence. Having received confirmation +in this manner the four men addressed a letter to the Executive +Council. In this letter they stated that they had been sentenced to +death; that the death-sentence had been commuted; and that they +understood--but had received no authoritative information on the +subject--that they were to suffer instead a term of fifteen years' +imprisonment. They suggested the imposition of a monetary penalty in +place of the imprisonment; they stated that they held and represented +important interests in the State and that they believed their release +would tend to the restoration of confidence and favourable conditions +in the business community of the Rand; and they concluded by saying +that, if the Executive saw fit to adopt this suggestion, they the +prisoners would return to their business in good faith. + +It had frequently been intimated to these men that it would be +impossible for the Government to impose a fine in place of the +death-sentence because money so obtained would be blood-money. +Reference had been made in the Executive Council to Biblical +precedents, notably the case of Judas, and the opinion was held that +if blood-money were taken the Lord would visit His wrath upon the +people. + +The Boers are in their way a very religious people. But they are also +essentially practical; and it is difficult to find an instance in +which the religious principle has operated to their commercial +disadvantage. This at any rate was not one. The train of reasoning +which led them to justify the imposition of a fine was somewhat in +this wise: To _impose a fine_ would be to take blood-money, and +would be immoral and iniquitous: to _accept the offer of a present_ +on condition that the sentence should be entirely remitted however +would be quite another thing. + +So negotiations were set on foot to induce the prisoners to make the +necessary offer; and the prisoners, as has been shown, did so. This +satisfied the religious scruple of the Boer, but the terms of the +offer were not satisfactory to his commercial requirements. It became +necessary to make a definite offer. Further negotiations followed, +and the prisoners gathered that an offer of L10,000 apiece would be +viewed with favour by the President and his advisers; and it was +stated by members of the Volksraad and prominent officials who were +in the confidence of and in communication with the Government that, +in the event of such a contingency arising as the prisoners making an +offer of cash, the Executive would not take the money for the benefit +of the State but would accept it for charitable purposes--an +educational institute or a hospital or some such object. + +This was communicated to the prisoners by the personages referred to, +and an offer was accordingly made of L10,000 apiece. The matter was +discussed in the Executive Council, and the Boer, true to his +instinct and record, perceived an opportunity to improve his +position. The religious gentlemen who would not take blood-money now +objected that the amount proposed was altogether too small, and the +President with that readiness so characteristic of him observed that +he thought the prisoners must have made a mistake, and meant L40,000 +apiece instead of L40,000 for the lot. + +Another delay ensued, and in the meanwhile more and more deputies +flocked to Pretoria, and stronger grew the feeling, and more angry, +disappointed, and disgusted grew the communities of Johannesburg and +Pretoria. The President, however, played his game unmoved by any such +considerations. + +The next announcement from the Executive was a wholly unexpected one. +It was that they felt it necessary to consult Judge Gregorowski as to +the amount of money which ought to be taken as a donation to +charities. The matter of assessing the value of a death-sentence in +cash might perhaps be deemed a perplexing and a difficult one from +lack of precedent, yet nobody supposed the Executive Council to be +unequal to the task. It might also seem unfair to impose this further +burden of responsibility upon a judge; but Mr. Gregorowski had proved +himself superior to precedent and untrammelled by custom; and there +was much to be said in favour of continuing an association which had +worked very satisfactorily so far. + +When however the President, with that resolute determination to be +generous which was so well advertised, at last overcame all obstacles +and succeeded in holding a meeting of his advisers to receive Mr. +Gregorowski's report, and when it was found that that gentleman +assessed capital punishment at L25,000 per head, the Executive +Council with one accord avowed themselves to be so utterly taken by +surprise by the announcement that they required time to think the +matter over and decide upon a course of action. + +No doubt this opinion of Mr. Gregorowski's took them quite as much by +surprise as did his original sentences. However in the course of a +day or two they had recovered sufficiently to intimate to the +prisoners that, if they would amend their first offer of L40,000 for +the four and make it one of L40,000 apiece, the Executive would +decline to accept so large a sum, as being greater than they +considered equitable and would reply that in the opinion of the +Government L25,000 apiece would be sufficient. It was quite plainly +intimated that this procedure presented certain attractions to the +President, who desired for political purposes to exhibit further +magnanimity. The prisoners who by this time had gained some insight +into Mr. Kruger's methods, who knew from past experience the value of +his promises, and who could find no record in history to encourage +them in participating to this extent in the confidence trick, +point-blank refused to have anything to do with it. + +They agreed to make a formal offer of a 'reasonable' fine, leaving +the interpretation of this to the Government, but only on the +distinct understanding that the amount should not exceed L25,000 +each. They had learned that Mr. Gregorowski had fixed this amount and +that the Executive had agreed to accept it, and they would not offer +a penny more for magnanimity or anything else. They stated in +plain terms that they looked upon this matter simply as a bargain; +that if they should get out they were paying their way out, and that +in so far as their release from the position was concerned the +transaction was closed upon business terms and there should be no +question afterwards as to gratitude or magnanimity. The fines were +paid,{39} and on July 11 the leaders were released. + +Messrs. Phillips, Farrar, and Hammond, who were compelled through +their business ties to continue their association with the Transvaal, +signed the same undertaking concerning politics as that given by the +rest of the prisoners--with the difference that in their case it +operates for a period of fifteen years. Colonel Rhodes however +declined to give the required undertaking and elected to take his +sentence of fifteen years' banishment. On the night of June 11 +therefore he was sent across the border under escort, and passing +through the Free State proceeded at once to Matabeleland to render +what assistance he could to his brother in the suppression of the +rebellion. As though the excitement of the past few months had not +been sufficient, it may be added that in the first engagement in +which he took part on his arrival at Buluwayo his horse was shot, and +he narrowly escaped the same fate himself. + +From time to time adverse comment has been made on the subject of +this undertaking of the Reformers to abstain from further +participation in politics. The position of the Reformers was this: +They had entered upon the movement to obtain the redress of certain +matters closely affecting their feelings as men and their interests +and business as settlers in the country. They were disarmed and +placed at the mercy of the Boer Government by the action of England's +Representative. To decline to give the pledge required would entail +banishment, which would in many cases mean ruin to them and in all +cases would remove them from the sphere in which they might yet +contribute to the attainment of the ends they had in view. The only +compensating consideration possible in such a course would be that +the redress desired would be effected through the influence of the +Imperial Government; but since the Imperial Government had shown +that under the circumstances they were neither willing nor able to +maintain to a logical conclusion the position which they took up when +they secured disarmament, the Reformers concluded that their obvious +course was to give the required undertaking. It is true that several +among them did decline to give this undertaking, saying that they +would prefer to serve their terms of imprisonment; but they received +the answer that after the term of two years' imprisonment the +Government would still require the undertaking or enforce the +banishment clause, so that it appeared to them there was no way out +of it but to sign what was required and wait patiently. + +It is perfectly obvious that one of two alternatives will present +itself. Either the Government will come to regard this provision as a +dead letter, and wholly ignore it; or some of the men, in the course +of their business and in dealing with economic questions such as they +are morally entitled to discuss will fall foul of the 'opinion of the +Executive.' The issue will then be a very clear one, and many of +those who were strongly opposed to the Reformers on the premisses on +which they started will find themselves in cordial agreement with +them in later developments.{40} + +The Reform movement closed for the time being with the release of the +leaders. Sixty-four men had been committed for trial. From four of +them the Government had received L100,000, and from fifty-six others +L112,000. One was dead; one had fallen so seriously ill before the +trial that he was unable to present himself with the rest, but on +recovering and announcing his intention to plead 'Not guilty' and +fight it out, the case against him was withdrawn. + +There remained two men, Messrs. Sampson and Davies, whose case the +Government had refused to consider because they declined to appeal. +They had been sentenced on April 28 to two years' imprisonment and +L2,000 fine, or failing payment to another year's imprisonment, and +to three years' banishment; and under that sentence do they lie at +the present moment in the Pretoria gaol, at the mercy of the Boer +Government and its very competent representative Mr. Du Plessis.{41} + +Much _kudos_ has accrued to Mr. Kruger for his magnanimity and much +profit for his astuteness! Great credit is also given to Mr. +Chamberlain for his prompt impartiality. And surely some day a +tribute of sympathy and admiration will go out from a people who like +pluck and who love fair play to two Englishmen who hold that a solemn +pledge is something which even a Boer should hold to, whilst +self-respect is more than liberty and beyond all price. + + +Footnotes for Chapter IX + +{35} This was done on the second day--after a night without any +ventilation at all. + +{36} See Appendix E. + +{37} (July, 1899.) They were released in June, 1897. + +{38} Du Plessis' threats regarding Messrs. Sampson and Davies were +made so openly and vengefully that Colonel F.W. Rhodes deemed it to +be his duty as soon as he was released to report the matter to the +High Commissioner, with a view to ensuring some measure of protection +for the two gentlemen above referred to. After the release of +the other prisoners, Du Plessis was for a time suspended, owing +to charges laid against him by the Inspector of Prisons. No +investigation appears however to have been made, and the man was +reinstated. During the month of September, after Messrs. Sampson and +Davies had already done five months of their sentence in Pretoria +Gaol, this man, finding himself unable to break their spirit by other +means, made a proposal to the Government to separate the two and to +place them in two small country gaols at wide distances apart and far +removed from the friendly offices and watchful eyes of their friends, +and thus deprive them of such benefit as they may be able _in the +future_ to get from proximity to the official representative of +England. In the past they have certainly derived none. + +{39} It seems like reflecting on the reader's intelligence to add +that nothing more has been heard of the 'charities.' + +{40} (July, 1899.) A clear indication of the Government's disposition +towards the Reformers was given by the treatment accorded to Mr. +Lionel Phillips. In consequence of a publication by Sir John +Willoughby of an article on the subject of the Raid, which failed to +accurately represent the facts as they were present to the minds of +the Reformers, Mr. Phillips wrote an article in the _Nineteenth +Century_ magazine, which was purely historical, moderate in tone, and +obviously designed only as an answer to the allegations which had +been made. The Executive Council arrived at the conclusion that it +was a breach of his undertaking to abstain from interference in +politics, and they issued a decree of banishment against him. As Mr. +Phillips had taken up his residence permanently in Europe, and as it +was well known that it would be extremely inconvenient for him to +return to South Africa in order to dispute this action it was +generally considered that the object of the move was to establish +a precedent, so to say, on the cheap, and in the same spirit to +intimidate others among the Reformers who were believed not to have +lost their interest in the cause of reform nor to have abandoned +their intention to begin again as soon as they were free to do so. It +is no exaggeration to say that scarcely a week could have passed +during the last two and a half years in which some or all of the half +dozen Uitlanders most prominent in the cause of reform have not been +in receipt of a warning of one kind or another, ranging from +apparently friendly advice not to take too keen an interest in +certain matters, up to the giddy eminence of being black listed in +the Dutch papers as one of those to be dragged out and shot without +trial as a traitor and a rebel. Such are the conditions under which +the unarmed Uitlanders labour for reform. + +{41} (July, 1899.) Du Plessis was promoted to be Chief Inspector of +Prisons shortly after the release of Messrs. Sampson and Davies, +and still holds that post! + + + + + +PART II. + +A POSTSCRIPT. + + + + +CHAPTER X. + +THREE YEARS' GRACE. + + +Very seldom has any community been in a position so unsatisfactory as +that in which the people of Johannesburg found themselves in the year +1896. Judgments passed in the heat of the moment upon matters which +had not been properly explained, and which in many cases were +completely obscured by deliberate misrepresentation, had incurred for +the community dislike contempt and mistrust which were wholly +undeserved. Those who knew the facts and who were able and willing to +speak, the Reformers themselves, were bonded to abstain from politics +for three years under penalty of banishment. Betrayed, deserted, +muzzled, helpless, hopeless, and divided, no community could have +been in a more unsatisfactory condition. It was abundantly clear that +the time had been allowed to pass when the Imperial Government might +have insisted upon reforms and the fulfilment of the President's +promises--not in the spirit in which they had been made, but in the +spirit in which the President himself had intended the world to +construe them. The impact of the revelations was too great to permit +of public judgment quickly recovering its balance. It was realized +that Mr. Kruger's effects had been admirably stage-managed and that +for the time being, and possibly for a very considerable time, the +Uitlanders were completely out of court. There were a few--but how +few!--whose faith was great and whose conviction that the truth must +prevail was abiding, who realized that there was nothing for it but +to begin all over again--to begin and to persevere upon sound lines; +and they took heart of such signs as there were and started afresh. + +It has been an article of faith with them that Mr. Kruger missed +his supreme chance at the time of the trial of the Reformers, and +that from the date of the death-sentence his judgment and his luck +have failed him. He abused his good fortune and the luck turned, so +they say; and the events of the last three years go to support that +impression. To his most faithful ally amongst the Uitlanders the +President, in the latter days of 1896, commented adversely upon the +ingratitude of those Reformers who had not called to thank him for +his magnanimity; and this man replied: 'You must stop talking about +that, President, because people are laughing at you. You made a +bargain with them and they paid the price you asked, so now they owe +you nothing.' But his Honour angrily repudiated that construction: +nothing will convert him to that view. + +It has been said that Dr. Jameson is the best friend Paul Kruger ever +had, and with equal truth it may be said that, in 1896, President +Kruger proved himself to be the best friend of the Reformers. Not +even the most sanguine of his enemies could have expected to witness +the impolitic and unjust acts by which the President revealed +himself, vindicated the Reformers, and undermined a position of +unparalleled strength in an incredibly short time. The bargaining and +the bad grace which marked the release of the Reformers had prepared +the world to view Mr. Kruger's action and attitude a little more +critically than it had hitherto been disposed to do. The real +conditions of Dr. Jameson's surrender had also become known, and +although the action of the Boer leaders was regarded as far too +trifling a matter to be seriously considered as against the Raid +itself, nevertheless a residuum of impression was left which helped +to form opinion at a later stage. There followed, too, an irritating +correspondence between the Transvaal and Imperial Governments, in the +course of which Dr. Leyds successfully established his skill as a +smart letter writer and his limitations as a statesman. The +Municipal Law, the first product of the 'forget and forgive' +proclamation--which proclamation, by-the-bye, had already begun to +prove itself an awkward weapon placed in the hands of his enemies by +President Kruger himself--had been exposed and denounced as farcical, +and it now required but little to convince the once admiring world of +the President's real character and intentions. That little was +forthcoming in a touch of ridicule more potent than all arguments. + +The Transvaal Government formulated their demand for damages for the +Raid in a form which made everyone smile--L677,938 3s. 3d. for actual +outlay, and L1,000,000 for 'Moral and Intellectual Damages.' What +with the fines of the Reformers, and the seizure of the provisions of +all sorts acquired by them for the purposes of the Reform movement, +which latter must have exceeded L50,000 in value, the Boer Government +had already received upwards of a quarter of a million, and had, in +fact, made a profit on the Raid; so that this demand came as a +surprise even to the Uitlanders, as much perhaps due to the +extraordinary phrasing of the demand as to the amount claimed. + +It may be wondered why, under provocation so great as that of +complete abandonment by the country whose representative had placed +them in their then hopeless position, no distinct movement took +place--no tendency even developed itself--among the Uitlanders +generally to unite with the Boers in favour of a Republican movement +throughout South Africa, to the exclusion of the Imperial power. In +answer to this it must be said that such an idea undoubtedly did take +strong hold of the non-British portion of the Uitlander population, +as witness the manner in which the Cape Colony Dutchmen, Hollanders, +Germans, and individuals of other European nationalities associated +themselves with the Boer party, almost invariably by open +declaration, and in many cases even by naturalization, thus +forfeiting their own national rights and obtaining nothing but vague +promises and the liability to military service in return. But the +Republican movement made no further headway than this because British +subjects formed the large majority of the Uitlanders. They had, it is +true, a great grievance against the Imperial Government; but against +the Transvaal Government they had one greater still; and it would +take a great deal to kill the passionate loyalty of the British South +African. It would be idle to discuss what might have happened had Mr. +Kruger seized his opportunity and let in a considerable section of +the then unenfranchised to strengthen the ranks of the Republican +party; that can only be a matter of individual conjecture. What is +certain, however, is that he did not do so and never intended to do +so; wherein his lack of statesmanship is again made manifest. + +Mr. Kruger has carried out in its fullest (its best or its worst) the +characteristic principle of his people already referred to, that of +giving too little and asking too much. It is doing only bare justice +to the determination with which he adheres to the policy of his life +to say that he gives nothing to anybody. From the most distant to the +nearest he deals alike with all. With the people of Europe, he has +taxed their investments, disregarded their interests, and flouted +their advice; but nevertheless he has for years commanded their moral +support. In his dealings with the British Government, pushed as they +have been some half a dozen times to the very verge of war, he has +invariably come off with something for nothing. In his dealings with +the Uitlanders he has bartered promises and in return--_circumspice_! +In the matter of the events of 1895-6 he came out with a quarter of a +million in cash, a claim for L1,677,938 3s. 3d. odd (including Moral +and Intellectual Damages), and a balance of injured innocence which +may not be expressed in figures. In his dealings with Cape Colony he +has taxed the products of their land and industry, he went to the +verge of war to destroy their trade in the case of the closing of the +Vaal River drifts, he has permitted the Netherlands Railway to so +arrange its tariffs as to divert traffic from them to other parts, he +has refused to their people (his own flesh and blood, among whom he +was born) the most elementary rights when they settle in his country! +And yet in his need he calls upon them, and they come! His treatment +of the Orange Free State has been exactly the same. Their grievance +against him is incomparably worse, because of their liability to +become involved in the consequences of a policy which they are not +allowed to influence. But President Kruger is, above all things, +practical. Everything is gauged by the measure of the advantage which +it can bring to him; and his treatment of the Free State is +determined by their utility to him and his power over them, and is +not influenced by their moral claims upon his good will. Natal and +Portugal have their experience of broken agreements and strained +interpretations, of intrigues with native subjects and neighbours +for the extension of rights or boundaries, all designed to benefit +the Transvaal and to undermine them. All, all with the same result! +Something for nothing! Within the borders of the Transvaal the policy +is the same. Moral rights and the claims of justice are unrecognized. +For services rendered there may be some return; a privilege, a +contract, an appointment. But this cannot be properly regarded as a +neglect of principle upon Mr. Kruger's part, for after all the reward +is at the expense of the Uitlanders. It is usually the least price at +which the service could be secured; and it is generally in such +form as to give the recipient a profit in which the members of the +Government party largely share, but it never confers a power to +which the President himself is not superior; indeed, it is almost +invariably hedged about by such conditions as to make its continuance +dependent upon the President's good will. If any one should +think this description of conditions in the Transvaal and of the +President's policy to be unduly harsh, let him satisfy himself by an +investigation of those matters which appear on merely superficial +examination to support opinions contrary to those expressed by the +writer. Let him examine the terms of the closer union with the Free +State, the circumstances leading to the closing of the Vaal River +drifts, the condition of the Dutch subjects of Cape Colony and of the +Orange Free State in the Transvaal, the Netherlands Railway tariffs +as they operate against Cape Colony and the Free State, the Railway +Agreement with Natal, the disputes with Portugal, the attempts to +acquire native territory on the East Coast, the terms of the +Netherlands Railway Concession, Selati Railway Concession, Dynamite +Concession--in fact, all other concessions, monopolies, contracts, +privileges, appointments, and rights, made, granted, or entered +into by President Kruger to or with his friends. Let him recall the +treatment and the fate of some of those to whom ampler reference +will be made later on; for instance, Chief Justice Kotze and +Judge Ameshof, who in the dealings with the Reformers rendered +valuable--but perhaps injudicious and unjudicial--service, as already +sufficiently described; the treatment of Dr. Coster, the State +Attorney, who also deserved better of the President; the public +repudiation of Mr. J.B. Robinson, whose friendship for President +Kruger had been frequently and amply evidenced to the grave +dissatisfaction of the Uitlander population; the public and insulting +repudiation of Sir Henry de Villiers, the Chief Justice of Cape +Colony, after he had served his purpose! The result of any such +inquiry must confirm the conclusion that 'something for nothing' is +the President's policy and achievement. + +A policy or a movement which is to involve the cooperation of +thousands of intelligent men cannot be carried out upon such terms, +and this may be regarded as the main reason why the spirit of +Republicanism did not generally itself develop under circumstances +apparently so favourable to it. The President's policy may be +considered astute or unwise according to the point of view from which +it is regarded. Viewed from the standpoint of the State itself, +undoubtedly it fails lamentably in statesmanship. In the interests of +the Boer party, however, or of the man Paul Kruger, it may well be +doubted whether the policy may not be a token of remarkable sagacity. +He knows his own limitations and the limitations of his people. He +knows that to freely admit to a share in the Government a number of +intelligent people, would make a continuance of himself or his party +in absolute power for any length of time a matter of utter +impossibility. In these circumstances the problem which President +Kruger had set himself was a remarkably difficult one. To +republicanize South Africa, to secure the support of the majority of +the white inhabitants, and yet to yield no whit of power to those by +whose aid he would achieve his object, would indeed be carrying to +sublime heights the policy of 'something for nothing.' + +Many years before the Raid Mr. Kruger had a well-defined policy to +republicanize South Africa, and the Uitlanders of the Transvaal were +quite alive to it, as may be gathered by reference to their +newspapers. But the voice was as a voice crying in the wilderness in +those days, and, as has been said, it required the Jameson Raid to +advertize the conditions in the Transvaal and to direct attention to +what had been proclaimed unheeded for many years. Immediately prior +to the Raid Mr. Kruger was floundering in a morass of difficulties. +The policy of 'something for nothing' had been exposed, and it was +seen through by all the Dutchmen in South Africa and was resented by +all save his own little party in the Transvaal; but the Jameson Raid +gave the President a jumping-off place on solid ground, and he was +not slow to take advantage of it. + +It is not too much to say that the vast majority of people in Europe +and America are indebted to Dr. Jameson for any knowledge which they +may have acquired of the Transvaal and its Uitlander problem. Theirs +is a disordered knowledge, and perhaps it is not unnatural that they +should in a manner share the illusion of the worthy sailor who, after +attending divine service, assaulted the first Israelite he met +because he had only just heard of the Crucifixion. A number of worthy +people are still disposed to excuse many things in the Transvaal +because of the extreme provocation given by the Jameson Raid. The +restrictions upon English education are considered to be 'not +unnatural when one remembers the violent attempt to swamp the Dutch.' +The excessive armaments are held to be 'entirely justifiable +considering what has happened.' The building of forts is 'an ordinary +precaution.' The prohibiting of public meetings is 'quite wrong, of +course, but can you wonder at it?' Many of these worthy people will, +no doubt, learn with pained surprise that all these things were among +the causes which led to the Reform movement of 1895-6, and are not +the consequences of that movement as they erroneously suppose. The +Press Law and Public Meetings Act had been passed; arms had been +imported and ordered in tens of thousands; machine guns and +quantities of ammunition also; forts were being built;{42} the +suppression of all private schools had been advocated by Dr. +Mansvelt--all long, long before the Jameson Raid. So also had the +republican propaganda been at work, but it had not caught on outside +the two Republics. + +Difficult as his task might appear, Mr. Kruger had now command of the +two great persuasive forces--money and sentiment. With the money he +pushed on the forts, and imported immense quantities of big guns, +small arms, and ammunition--far in excess of what could possibly be +used by the whole of the Boer population of the Transvaal after +making every allowance for spare arms in reserve; and such an +extraordinary supply was not unnaturally believed to be designed for +the use of others outside the Transvaal. More than this, an army of +emissaries, agents, and spies in the pay of the Transvaal Government +were spread about the Free State, Cape Colony, and Natal. Newspapers +were supported in different parts of South Africa and a considerable +amount of money was spent upon the Press in France and Germany. + +It would be absurd to suggest and it would be unjust to let it be +inferred that all those who were drawn into sympathy with the Boers +supported or were even cognizant of President Kruger's ultimate aim. +It is an everyday experience that the scope of work and ambition +expands as one progresses. Whether the strong man really sees his +ultimate goal and tackles with magnificent courage the innumerable +and seemingly insurmountable obstacles which lie between him and it, +or whether in the wisdom and mercy of Providence there is such an +adjustment of courage and foresight as prevents him from seeing more +than he is able to face, who can say? But what is beyond all doubt is +that, given the one strong man who does know his mind, he will lead +as the Pied Piper led, and there is no thought in his following to +ask the whither and the why. + +Given the sympathy and the means, the difficulty of President +Kruger's self-imposed task was not so great as at first appeared. To +some it was advisable to do no more than point to the Jameson Raid +and say: 'We only wish to live in peace and to be left alone.' To +some again that act is construed as a sign that the British people +wish to upset the two Republics, therefore they must strengthen and +be prepared. To others the appeal is made: 'We Dutch are the settlers +and owners of the country, we wish for peace, of course, but we must +dominate--you under your form of government, we under ours.' +To others again it is further advanced: 'Let us negotiate the +elimination of the Imperial power; we do not suggest fight, but if we +present a united front they must retire peacefully and concede our +demands.' And lastly comes the appeal to those who are in sympathy +with the advanced republicans: 'Arm and prepare. Some day we shall +find England in a difficulty, divided by party or hampered by +external complications; it has often happened before and we have +always profited. That will be our time to drive them out.' + +It would be very unjust to some of the most prominent men on the +Dutch side in Cape Colony to leave the slenderest grounds for the +inference that they are to be associated with the extreme and +actively disloyal aim. All that it is intended to do is to indicate +the fine gradations in arguments by which a number are drawn +together--under a leadership which they do not realize, and going +they know not where! The strongest of these arguments and appeals are +particularly popular with the younger generation of Dutch South +Africans who entertain a visionary scheme of independence suggested +by the history of the United States. But there is something more +serious in it than this, as may be deduced from the fact that in +December, 1896, the writer was approached by Mr. D.P. Graaff, +formerly a prominent member of the Cape Legislative Council and now +as always a prominent Afrikander Bondsman, with the suggestion that +all the South African born should combine in the effort to create the +United States of South Africa, 'upon friendly terms with England, but +confining the direct Imperial right in South Africa to a naval +base at Simonstown and possibly a position in Natal.' This +concession--from South Africa to England--would not, it was argued, +involve disadvantage to the former, because for a considerable time +it would be necessary to preserve friendly relations with England and +to have the protection of her fleet for the coast. + +It is of course quite easy to attach too much importance to the +opinions of individual politicians of this class, who are as a rule +merely shouters with the biggest crowd; but the prominent association +of such an apostle of republicanism with the Bond, and the fact that +he should have gone so far with a Reformer of known strong British +sympathies seem to warrant the attaching of some importance to the +suggestion.{43} A similar suggestion was made to several of the +Reformers at the time of the judicial crisis by one of the judges of +the Transvaal High Court, when it was hoped to enlist the sympathies +of the Uitlanders with a movement to curtail President Kruger's power +and to establish republicanism on a firmer basis in South Africa. In +order to forestall an obvious comment, it may be said that discussion +was in both cases declined on the ground that it would be +participating in politics in the sense forbidden by President +Kruger's three years' ban. + +The year 1896 was a very bad one for the whole of South Africa. +Besides the Raid and the suspense and disorganization entailed by the +prolonged trial, the terrible dynamite explosion in Johannesburg,{44} +the still more terrible rebellion and massacre in Rhodesia, and the +crushing visitation of the great cattle scourge, the Rinderpest, +helped to produce a deplorable state of affairs in the Transvaal. + +Then there was another thing which rankled badly: Messrs. Sampson and +Davies were still in gaol.{45} The feeling throughout South Africa +was reflected in the monotonous announcement which appeared in the +_Cape Times_ week by week for thirteen months:--'To-day Messrs. +Sampson and Davies complete the--week of their imprisonment in +Pretoria gaol for the crime of not signing a petition.' It seemed +scarcely credible that the President should still harbour any +illusions about his magnanimity; nevertheless, for some weeks before +the celebration of the Queen's Record reign it was rumoured that the +two prisoners were to be released upon that occasion as a mark of his +Honour's sympathy. Opinion had not been unanimous upon the attitude +of either the President or the prisoners; but an ugly incident +silenced most of the President's apologists. Gold stealing and the +purchase of stolen gold were being carried on such a scale and with +such impunity that at last, in desperation, the directors and +officials of one of the big mining companies (the City and Suburban +G.M. Co.), at the risk of being shot by desperadoes, took upon +themselves the functions of the detectives and police. They caught +'red-handed' two notorious characters and delivered them over, with +the gold in their possession, to the authorities. The thieves +actually boasted then that nothing would happen to them as they had +'made it all right;' and a few days later one of them was allowed to +escape out of the Court-house buildings which stand in the middle of +a large square. The other was convicted and sentenced to six months' +imprisonment. He was a criminal of a bad and dangerous type, the head +of a gang known to be concerned in gold stealing and burglary as a +profession. The penalty was regarded by all parties as most +inadequate and the judge himself commented adversely upon the +drafting of the law which tended to screen the prisoner. Not one +mitigating circumstance was forthcoming! And yet, whilst ignoring a +fresh outburst of protest against the detention of Messrs. Sampson +and Davies, and whilst the Industrial Commission was exposing the +gold thefts and denouncing the complicity of the police, Mr. Kruger +decided to remit three-fourths of the sentence and to discharge +the thief unconditionally. Is it to be wondered that such ill-advised +action called to mind the prisoners' boast, and that it was +contrasted prominently with the treatment of the two Reformers? + +Three events of importance marked the year 1897 in the history of the +Transvaal. The first was the High Court crisis in February; the +second, the appointment of the Industrial Commission of Inquiry; the +third, the Queen's Record Reign celebration. + +The High Court crisis arose out of the case of Brown _v._ The State, +already referred to.{46} Brown had acted within his legal rights +according to the terms of a proclamation. That proclamation had been +illegally withdrawn, and the Government realizing that they would +have to stand the consequences of their action in the courts of the +country, introduced a law which was immediately passed by the +Volksraad, absolving them from all liability, and practically +non-suiting all claimants. Mr. Kotze in his judgment declared this +law to be improper and in conflict with the Constitution, and gave +judgment in favour of Brown, but left the amount of damages to be +determined later after hearing further evidence.{47} + +The first Volksraad was then in special session, and the President +promptly introduced a law known as Law 1 of 1897, which empowered him +to exact assurances from the judges that they would respect all +resolutions of the Volksraad as having the force of law and declare +themselves not entitled to test the validity of a law by its +agreement or conflict with the Constitution; and it further empowered +the President in the event of his not being satisfied with the +character of the replies to summarily dismiss the judges. The judges +protested in a body that they would not submit to such treatment. The +High Court was adjourned and all legal business was stopped. +Particularly emphatic was Mr. Justice Gregorowski. He stated that +no honourable man could possibly sit upon the Transvaal Bench as long +as Law 1 of 1897 remained upon the Statute Book. At this juncture Sir +Henry de Villiers, Chief Justice of Cape Colony, came to Pretoria for +the purpose of effecting a compromise and averting a crisis. The +compromise was practically an armistice. The judges promised not to +exercise the testing right pending the speedy introduction of a +measure safeguarding the independence of the courts. Mr. Kruger on +his side promised to refrain from enforcing the provisions of Law 1 +of 1897, and undertook to introduce as speedily as possible the +required new law. + +The position in which the President found himself was undoubtedly one +of some difficulty, but he chose a very bad way out of it. +High-handed arbitrary methods cannot effect a permanent and +satisfactory solution of a question of that character, but Mr. Kruger +was unwilling to go to the root of the evil and to admit what Mr. +Kotze's judgment had brought home with perhaps too sudden force, +namely, that the laws and system of Government were in a condition of +complete chaos. The sequel can be told in a few words. In February, +1898, Mr. Kotze considered that ample time had been allowed by him +for the fulfilment of President Kruger's promise. Sir Henry de +Villiers thought it proper to allow more time. The point of +difference between Mr. Kotze and Sir Henry de Villiers was the +interpretation to be placed upon the expression 'this session,' which +had been used in the previous February when the President had said +that if he did not introduce the proposed measures this session, the +judges might consider that he had failed to keep his promise. Mr. +Kotze contended that as the Raad was then in session it meant _that +Session_, and that in any case that session and another had passed, +and a third was in progress and there was still no sign of the +promised measures. Sir Henry de Villiers stated that in his opinion +the reasonable construction would be that Mr. Kruger meant the +following _ordinary_ session, and that only ordinary sessions could +be considered (for in each year there are one special and one +ordinary session), so that the President might be entitled to claim +the whole of the year 1898 within which to fulfil his promise, but +that this would be the extreme limit of forbearance, after which +failure could only be regarded as a breach of faith. Sir Henry de +Villiers in fact defended Mr. Kruger. Mr. Kotze, however, held to his +opinion; he wrote to the President reminding him of the undertaking, +charged him with failure to keep his promise and withdrew the pledge +which he had given. The President promptly exercised his right under +Law 1 of 1897, and dismissed Mr. Kotze, who had served the country as +judge and chief justice for over twenty years. Whatever the merits of +the particular case may be it appeared to be a shocking exhibition +of arbitrary power to dismiss without compensation, pension, or +provision of any sort, a man no longer young, whose services had been +given for nearly a quarter of a century, who in the extreme dilemma +of the Raid had stood by the President, and who, from some points of +view, must be admitted to have served him 'not wisely but too well.' + +Mr. Kotze was not at that time popular among the Uitlanders on +account of his action in the matter of the Reformers, and especially +because he had acted on behalf of the Government in securing the +services of Mr. Gregorowski for the Reform trial; but the +circumstances of his dismissal and the fact that he was known to be +dependent upon his salary as judge, taken in conjunction with the +courageous stand which he had made against the President's arbitrary +will, enlisted public sympathy on his behalf, and a purse amounting +in all to about L6,000 was presented to him as a mark of appreciation +for his past services. But then followed the 'most unkindest cut of +all.' Mr. Gregorowski, who had resigned a judgeship in order to fill +the post of State Attorney when Dr. Coster, in consequence of an +insulting reference of the President's to his countrymen, +relinquished it,--Mr. Gregorowski, who had been foremost to declare +that no honourable man could possibly accept the position of judge +while Law 1 of 1897 stood on the Statute Book, became Chief Justice +_vice_ Mr. Kotze dismissed. And by way of finally disposing of the +subject, the President when questioned in the Raad as to the +explanation of his apologist, denied that he had ever made any +promise of any sort or description to Sir Henry de Villiers or +anybody else! + +Mr. Justice Ameshof, who with Mr. Kotze had made a stand against the +President in this matter, was also obliged to relinquish his +judgeship. Thus it will be seen that at one swoop Mr. Kruger disposed +of three reputable intermediaries whom he had used to great advantage +at one time or another. 'Something for nothing,' for Mr. Kruger! +Whether Mr. Kotze acted in haste or whether Sir Henry de Villiers' +plea for more time was justified are questions which it is no longer +necessary to discuss, not alone because Mr. Kruger denied ever having +made the promise out of which the disagreement arose, but because +even up to the present time no measure safeguarding the High Court +has been introduced or foreshadowed in the legislature. And Law 1 of +1897, which according to Mr. Gregorowski made it impossible for any +honourable man to sit upon the Bench, is still upon the Statute Book +and Mr. Gregorowski sits as Chief Justice subject to its provisions. + +No one disputes that the position of the High Court as determined by +Law 1 of 1897 is a very unsatisfactory one, but the apologists for +President Kruger frequently say that there has been no actual case of +hardship, and that the Uitlanders are crying out before they are +hurt. They maintain that it was a measure passed under great +provocation for a particular purpose, and that the power granted +under it, although very undesirable in principle, has never been +used. This is incorrect; the power has been used, and injustice has +been suffered. Two cases of actual hardship are those of Brown _v._ +Government, the case out of which the whole matter arose, and the +case of the Pretoria Waterworks Company. But there are other cases +too which have never been brought into court having been either +compromised or abandoned because of the hopelessness of the position, +for it is obvious that there would be great reluctance on the part of +business men to make a fight merely for the purpose of showing that +they suffered under a disability when the result of such a fight +would inevitably be to antagonize the only tribunal to which they +could appeal. + +The case of the Pretoria Waterworks Company is rather a bad one. The +Government in 1889 gave a contract for the water supply of Pretoria. +It was a permission, but not an exclusive right, to supply the +town from springs on Government ground. The President, finding that +the contractor was not in a position to undertake the work, requested +certain business houses to form a company to acquire this right and +to supply the town with water. After inquiry into the local +conditions and the probable costs, these people represented that +unless they received the exclusive right they would be unable to +undertake the work, as the cost of importing pipes and machinery +transported from Natal by bullock waggon and the then expensive +conditions of working would make the work so costly that at a later +period, after the introduction of railways, it would be possible for +competitors, such for instance as the projected Municipality of +Pretoria, to establish a system of water supply at probably half the +cost of the first one and thus compete to their disadvantage. For +these reasons the contractor and his friends declined to proceed with +the formation of the company. The President, however, was very +desirous of having a good water supply, and after some months of +negotiations the original contract was supplemented by a grant from +the Executive Council, who then held plenary powers from the +Volksraad, giving the proposed company the exclusive right. +Immediately after the receipt of this grant the company was formed, +the capital subscribed and the machinery and other material +purchased. In 1898, after nine years of work, during which +shareholders had received dividends averaging 2-2/3 per cent. per +annum, some differences occurred between the Company and the +consumers, and the latter combined and subscribed the necessary funds +to take action in the High Court, the object being to challenge the +exclusive right and to enable the town through its Municipality to +provide its own supply. At the same time the Government at the +instance of the townspeople opened negotiations with the Company with +a view to expropriation in accordance with the terms stipulated in +the original contract. While matters were in this position, however, +certain members of the Volksraad prominently concerned in the action +against the Company, introduced a measure in the Volksraad cancelling +the second or exclusive grant made by the Government nine years +before and recommending that the Government should either buy out +the Waterworks Company upon suitable terms or should give the +necessary facilities to the Town Council to introduce another system +of supply. The application of the Company to be allowed to state its +case was ignored, and after a short discussion the resolution was +passed and the measure became law. By the action of the Volksraad the +Company was deprived of that principal asset upon the security of +which the capital had been subscribed, and the Government were +rescued from an awkward position. The Government took no steps to +defend their action in granting the right or to protest against the +action of the Volksraad, and became, therefore, parties to an act of +piracy. The Company were thus placed entirely at the mercy of the +Government, for under the provisions of Law 1 of 1897, the Volksraad +resolution put them out of court both as to upholding their title and +claiming damages. All doubts as to the Government's complicity in +this action were removed when upon negotiations being opened for the +expropriation of the Company the Government refused to follow the +procedure prescribed in the contract on the ground that as the +Company had now lost the exclusive right they must accept a less sum +in compensation, otherwise the Government would authorise the rival +Municipal scheme. Under these circumstances the shareholders having +no other power to appeal to adopted the common-sense course of taking +what they could get. The result can only be expressed in figures. The +shares, which had been purchased at over 40s. at the time of the +Volksraad's action were worth less than 28s. in liquidation. The +inquiry into the Raid by the Select Committee of the House of +Commons, early in 1897, was productive of a result which is not +always traced to its real cause. The greatest dissatisfaction was +expressed in the Transvaal and among all the Boers in South Africa +with one feature of the Westminster inquiry, viz., the investigation +of the causes which made the Raid possible. Mr. Kruger and his +friends had enjoyed such a run of luck and so much indulgence, and +had been so successful in presenting their side of the case only, +that it seemed to them improper that anyone should wish to inquire +into all the circumstances. It would even appear from what +followed that the President had convinced himself that there were no +grievances, that he was an entirely innocent party deeply injured by +the Reformers and the British Government, and that the Westminster +inquiry had been authorized and conducted for the sole purpose of +exposing him and justifying the Reform movement. + +As the months dragged on and no improvement in the conditions of the +Uitlanders took place, as indeed the complaints grew louder and the +state of affairs grew worse, the President again began to hear the +voices calling for reform. Timid whispers they were, perhaps, and far +between, for the great bulk of the Uitlanders were in a morose and +sullen mood. Having tried and failed on stronger lines they were +incapable as yet of returning with any heart to the old fruitless and +already rejected constitutional methods. The suggestions for reform, +consequently, came principally from those who were on friendly terms +with the Boer party and believed themselves to carry some weight. +They have by this time learned that nobody carries weight with +President Kruger unless he has power to back his suggestions. Many +years before, the late Mr. W.Y. Campbell as spokesman of a deputation +from Johannesburg, addressing President Kruger, stated in the course +of his remarks that the people of Johannesburg 'protested' against a +certain measure. The President jumped up in one of his characteristic +moods and said: 'Protest! Protest!! what is the good of protesting? +You have not got the guns! I have.' And Mr. Campbell, in reporting +this in Johannesburg, remarked: 'That man is sensible; he knows the +position. I claim to be sensible also, and I know he is right: you +can take my name off any other deputations, for we'll get nothing by +asking.' + +It is stated, and the statement comes from one who claims to have +been the father of the suggestion, that the President was induced to +appoint a commission of inquiry by the argument that if, as he +believed, the wretched state of affairs in Johannesburg was due not +to the action of the Government but to the greed, machinations, and +mismanagement of the capitalists, nothing could suit the latter worse +than to be taken at their word and to have a commission appointed to +take evidence on oath and to publicly inquire into the state of +affairs; in fact to copy the Westminster inquiry. It is +conceivable that the resolute refusal to investigate matters or to +listen to complaints or explanations which the President had +throughout maintained may have been the means of preserving a +blissful faith in the strength of his own case and the rottenness of +the Uitlanders'; at any rate, it seems to be an undoubted fact that +the Industrial Commission of Inquiry, which was appointed by the +Executive at the request of the President, was appointed in the +confident belief that it would shift the burden of responsibility +from his shoulders to those of the capitalists. This construction of +his motives may appear to be severe and perhaps even unfair, but it +is entirely borne out by the manner in which he dealt with the report +of the Industrial Commission, fighting against its acceptance, +ignoring the recommendations of relief, and even imposing fresh +burdens. There is, nevertheless, one thing to be deduced which is in +a manner to Mr. Kruger's credit, and that is that he really must have +believed that the case would--from his point of view--bear inquiring +into. + +The members of the Commission with power to vote were Messrs. Schalk +W. Burger, Member of the Executive Council (Chairman); J.S. Smit, +Government Railway Commissioner; Christiaan Joubert, Minister of +Mines; Schmitz-Dumont, Acting State Mining Engineer; and J.F. de +Beer, first special Judicial Commissioner, Johannesburg. Mr. Thos. +Hugo, the General Manager of the National Bank, was appointed +financial adviser, and certain advisory members were arbitrarily +selected by the Government. The complete exclusion of all those who +had had any direct or indirect association with the late Reform +movement or with those in any way connected with it strengthened the +conviction that the Government designed the Commission to be a +whitewashing one; but whatever the design may have been it would be +doing an injustice both to the Government officials and to the +advisory members to have it supposed that they were parties to such +an idea. They were not; they did their work admirably, and no inquiry +could have been conducted in a better spirit. This, however, was not +foreseen, and it was with the greatest difficulty that the Uitlanders +were induced to view the thing seriously and to realize that, no +matter how it had occurred, this was a supreme opportunity for +proving to the world the soundness of their case. The report and +proceedings are published by the Witwatersrand Chamber of Mines in a +volume containing over 700 pages of printed matter and a number of +diagrams. The whole constitutes a damning indictment of the +Government, as the following extracts from the report of the +Commission testify:-- + +Your Commission are pleased to state that at present there exist all +the indications of an honest administration, and the State, as well +as the Mining Industry, must be congratulated upon the fact that most +of the mines are controlled and directed by financial and practical +men who devote their time, energy, and knowledge to the mining +industry, and who have not only introduced the most up-to-date +machinery and mining appliances, but also the greatest perfection of +method and process known to science. But for these a good many of the +mines now producing gold would not have reached that stage.... + +To avoid such a calamity (viz., the closing down of the mines) your +Commission are of opinion that it is the duty of the Government to +co-operate with the mining industry, and to devise means in order to +make it possible for lower-grade mines to work at a profit, and +generally to lighten the burdens of the mining industry. This and the +development and equipment of the new mines are a few examples among +others where it is desirable that the Government shall take an active +part, especially when the fact is taken into consideration that up +till now the mining industry must be held as the financial basis, +support, and mainstay of the State. + +The question, therefore, becomes one of national economy, and it is +incumbent upon the Government, considering the rapid growth and +progress of the country, to so alter its fiscal laws and systems of +administration as to meet the requirements of its principal +industry.... + +Your Commission entirely disapprove of concessions, through which the +industrial prosperity of the country is hampered. Such might have +been expedient in the past, but the country has now arrived at a +state of development that will only admit of free competition +according to republican principles. This applies more especially to +the gold industry, which has to face its own economical problems +without being further burdened with concessions that are irksome and +injurious to the industry and will always remain a source of +irritation and dissatisfaction. + +As to white labour:-- + +Your Commission are of opinion that wages are not excessive, regard +being had to the high cost of living at the mines. In fact, they are +only sufficient to satisfy daily wants, and, consequently, it cannot +be expected that white labourers will establish their permanent abode +in this Republic unless conditions are made by which their position +will be ameliorated.... + +Your Commission are of opinion that as long as the cost of living +cannot be considerably reduced it will be almost impossible to reduce +the wages of white labourers, and they would strongly recommend that, +as far as possible, necessaries of life should be imported free of +duty and conveyed to the mines as cheaply as possible. + +As to the sale of liquor:-- + +It has been proved to your Commission that the Liquor Law is not +carried out properly, and that the mining industry has real +grievances in connection therewith, owing to the illicit sale of +strong drink to the natives at the mines, and they wish especially +and strongly to insist that the stipulations of article 16 of the law +shall be strictly enforced. The evidence given on this point proves +that a miserable state of affairs exists, and a much stronger +application of the law is required. + +Following this there is a long criticism with recommendations in +detail. + +As to import duties:-- + +With reference to this matter, your Commission can only recommend +that, if possible, foodstuffs ought to be entirely free from +taxation, as at the present moment it is impossible to supply the +population of the Republic from the products of local agriculture and +consequently importation is absolutely necessary. + +As to explosives:-- + +Before entering on this subject, we wish to put on record our +disappointment with the evidence tendered on behalf of the South +African Explosives Company, Ltd. We expected, and we think not +unreasonably, that they would be able to give reliable information +for our guidance respecting the cost of importation, as well as of +local manufacture, of the principal explosives used for mining +purposes; but, though persistently questioned on these points, few +facts were elicited and we regret to say that they entirely failed to +satisfy us in this important respect.... + +That the principal explosives used here can be purchased in Europe, +and delivered here at a price far below the present cost to the +mines, has been proved to us by the evidence of many witnesses +competent to speak on the subject, and when we bear in mind that the +excess charge of 40s. to 45s. per case does not benefit the State, +but serves to enrich individuals for the most part resident in +Europe, the injustice of such a tax on the staple industry becomes +more apparent and demands immediate removal. + +After showing that the dynamite monopolists make a profit of 47s. 6d. +per case on No. 1 dynamite, and 55s. on blasting gelatine, over and +above the price at which the mines could buy explosives if there were +no monopoly or protection, the report goes on:-- + +The Mining Industry has thus to bear a burden which does not enrich +the State or bring any benefit in return, and this fact must always +prove a source of irritation and annoyance to those who, while +willing to contribute to just taxation for the general good, cannot +acquiesce in an impost of the nature complained of.... + +Your Commission inspected the factory at Modderfontein, and it must +be admitted that the construction of the works and general equipment +are in many respects admirable, and it appears to us greatly to be +regretted that so much money should have been invested in an +undertaking for the manufacture of any article whereof the +ingredients have to be imported at a great cost, four tons of raw +material being required to produce one ton of the manufactured +article. + +It has been proved to our satisfaction that none of the raw material +used is found in this country, or only in such small quantities as to +make it practically valueless for the purpose required.... All these +drawbacks, which make it almost impossible to establish a bona-fide +industry, fall on the mines and render their task, especially that of +the low-grade mines, extremely difficult and discouraging. Another +point that has been brought to the notice of your Commission is the +prejudicial effect exercised by this monopoly in practically +excluding from the country all new inventions in connection with +explosives, and, in view of the numerous dynamite accidents that have +taken place from time to time, it is to be regretted that it is not +possible to make satisfactory trials of other and less dangerous +explosives for the working of the mines. These questions have +received the careful consideration of your Commission, who are forced +to the conclusion that the factory has not attained the object for +which it was established, and that there is no reasonable prospect of +it doing so. Further, that there are good grounds for believing that +the contractors have failed to comply with the conditions of their +contract. + +For the aforesaid reasons, and in view of the opinion expressed by +the Volksraad Dynamite Commission, that the legal position of the +Government against the contractors is undoubtedly strong, your +Commission desire to recommend that the case be placed in the hands +of the legal advisers of the State, with a view to ascertaining +whether the contract cannot be cancelled. + +Meanwhile your Commission recommend that the Government avail itself +forthwith of its right under Article 15 of the Regulations, to take +away the agency of trading in gunpowder, dynamite, cartridges, and +other explosives from the above-mentioned persons and at once take +into its own hands the importation of dynamite and other explosives +for the benefit of the mining industry, subject to a duty of not more +than 20s. per case or such other less sum as may be determined from +time to time. + +This protective duty, while considerably increasing the revenue of +the State, will at the same time offer ample protection to any +industry of this description in the Republic. In the event of +cancellation being advised to be possible, free trade in explosives +to be at once established, subject to a duty of 20s. per case or such +other less duty as may be determined upon from time to time, and +manufacturing of other explosives in the Republic to be allowed, and +also to be protected by the same import duty.... + +Your Commission desire further to observe that it is not clear to +them, judging from the published accounts of the South African +Explosives Company for 1895 and 1896, that the Government receives +the proportion of surplus profit secured to it under the contract, +viz., 20 per cent., and would strongly recommend, in accordance +with Article 6 of the contract, an immediate investigation of the +Company's accounts by qualified accountants, in conjunction with the +financial adviser of the Commission, in order to find out what amount +is still due to the Government under this head. + +As to railways:-- + +Your Commission have followed with great attention and interest the +evidence and statistics submitted on this point. From those it +appears that not only are the tariffs charged by the Netherlands +Railway Company such that by the reduction of the same the industry +would be considerably benefited, but that such a reduction would +necessitate that the neighbouring States and Colonies would also have +to reduce their tariffs considerably. + +Your Commission have come to the conclusion that, taking into +consideration the evidence submitted to them, and taking the gross +revenue of traffic of goods at about L2,000,000 (as in 1896) it would +be desirable to recommend so to regulate the tariff that the gross +revenue for 1896 would have been reduced by L500,000, equivalent to +an average reduction of 25 per cent. Further, your Commission deem it +desirable that the Government shall make such arrangement as will +secure to them in the future a voice in the fixing of the tariffs of +the N.Z.A.S.M., and express their confidence that as soon as +prosperous times will warrant such a course a further reduction in +tariffs will be effected. Your Commission wish to recommend that the +reduction will be chiefly applied to traffic of coal, timber, mining +machinery, and foodstuffs, according to a scale to be agreed upon +between the Government and the N.Z.A.S.M. Your Commission are of +opinion that in this manner the industry will be met in a very fair +way. Your Commission wish to express the opinion that it is +absolutely necessary that the reduction in all local tariffs will be +brought about as speedily as possible, while they express the hope +that where the co-operation of the neighbouring States and Colonies +is required, negotiations will be initiated and carried out so +speedily that the reductions to be so initiated will come into force +not later than 1st January next. Several witnesses and some of the +Commission have urged the expropriation of the N.Z.A.S.M. by the +Government. Your Commission, however, for several reasons known to +them, and after same have been communicated to those members of the +Commission who wished to urge the expropriation of the N.Z.A.S.M., do +not at the present moment desire to urge expropriation provided by +the other means terms can be secured from the Company so as to obtain +the reduction at present urgently required on the basis as above set +forth. Your Commission have been informed that the Company have +proposed to adopt the dividends of the three years 1895, 1896, and +1897 as a basis for the expropriation price, and your Commission can +agree to such proposal. The expropriation price being thus fixed, the +Company will have all the more reason to co-operate towards the +lowering of the tariffs. Further, it appears from the evidence of the +managing director of the N.Z.A.S.M., that in consideration of the +reduction of tariffs, he wished to have secured to the Company a +certain period of existence. Your Commission cannot recommend this +course, because they do not deem the same to be in the interests of +the State, and it would be contrary to the wishes of the public. + +As to gold thefts:-- + +According to the evidence submitted to your Commission, gold thefts +are on the increase, and although the Volksraad has given the matter +their favourable consideration, and have, at the instance of the +Mining Industry, so amended the Gold Law as to provide for the +punishment of the sale and being in possession of raw gold, still it +has been stated to your Commission in evidence, that the gold thefts +amount to about 10 per cent. of the output, equivalent to an amount +of L750,000 per annum. It follows that the administration of the law +must be faulty, because there are only very few instances where the +crime has been detected and punished. If those figures are not +exaggerated, and your Commission have no reason to suppose so, then +this matter deserves the serious consideration of the Government. The +suppression of this crime can be considered as a real saving to the +industry, and this amount of three-quarters of a million would, +especially in times of depression, exercise a large influence on the +yield and financial position of the mines. The industry ask that the +penal clauses regarding this matter shall be eliminated from the Gold +Law, and that a separate law be passed, more or less on the basis of +the I.D.B. Law of Kimberley, Cape Colony, and that measures shall be +taken by which the injured parties shall be enabled to exercise +control, and have supervision over any department to be established +for the detection and suppression of thefts of new gold. Your +Commission are of opinion that the Government could grant this +request without injuring their dignity, on the basis hereinafter +mentioned. On the contrary, it would remove the blame from the +present administration, viz., that these thefts can be practically +carried on with impunity. + +As to the Local Board:-- + +The evidence which has been laid before your Commission has contained +suggestions to establish a Board on which Government nominees and +representatives of the mining industry and of the commercial +community of the Witwatersrand should sit, so that the Government +representatives should have the benefit of the experience of men +whose daily occupation it is to look closely into all the affairs +appertaining to the mines, &c. Your Commission is of opinion that it +is advisable that these suggestions should be acted upon. The scope +of this Board should consist of the supervision of the administration +of the following laws, viz.:-- + +The Liquor Law as far as it concerns the proclaimed goldfields, the +Pass Law, and the Law relating to Gold Thefts; and the Board will +further have an advisory voice in the supply of natives to the mines, +which your Commission has recommended your Government to take into +its own hands. The area under the surveillance of the Board should +include the Heidelberg, Witwatersrand, and Klerksdorp districts, and +other goldfields as may be found desirable hereafter. Your Commission +suggests that the Board consists of the following: Five members to be +appointed by the Government, and four delegates to be appointed by +the following bodies, with the consent of the Government, viz., one +delegate of the Chamber of Mines, one of the Association of Mines (or +in case of an amalgamation, two representatives of the new Chamber), +a nominee of the Mine Managers' Association, and a nominee of the +commercial community of Johannesburg. Your Commission would advise +that a separate detective force be placed under the department, whose +duty it should be to detect any infringements of the above-mentioned +laws, and to bring the offenders to justice in the ordinary course of +law. It should also be in the sphere of the Board's work to report to +the proper authorities any laxity on the part of the officials who +have to administer the above-mentioned laws. The Board is to report +to the Executive Council upon the working of the laws referred to, +and to suggest alterations. It must be well understood that the power +of this Board must in no way clash with the sphere of the Minister of +the Mines department and the Licensing Board, but co-operate with the +same. We should adduce as a reason the more for the creation of such +a Board that Government could depute to them the right to receive +deputations, hear their arguments, and report to the Government on +the subject, whereby a great saving of time would be the result. We +would recommend that the Commission be appointed at once, and that +they shall frame their proposals for regulations and submit them at +once to the Government. + +The establishment of a local mining board has been strongly urged by +witnesses. From an industrial and financial point of view this +country must be considered as still in its infancy, and, without loss +of dignity or prestige, the Government may accede to the above +request. Experience in these matters can only be attained after the +lapse of long years, and by coming in contact with experts from other +countries the State will reap the benefit of the knowledge obtained +in their country, where these problems have for decades exercised the +minds of their leading citizens. + +In conclusion, your Commission fervently hope that they have truly +and faithfully interpreted the object of the inquiry, and that their +suggestions and recommendations, if acted upon, will confer a lasting +benefit on the country and people. + +The evidence, as has been stated, was all given on oath, and some +very interesting details came out. In one case Dr. Leyds's system of +misrepresentation was exposed. Whilst the Commission was actually +taking evidence the then State Secretary in an interview with the +Paris _Temps_ strongly supported the dynamite monopoly, and stated +that the price charged, namely, 90s. per case, was the same at which +the Chamber of Mines had offered to enter into a sixteen years' +contract with Nobel's factory. A witness questioned on this point +explained that this was quite true as regards price, but that Dr. +Leyds had suppressed the essential fact that whereas out of the 90s. +paid to the monopolists the Government only receive 5s. by way of +duty, they would out of the 90s. which it was proposed to pay for +Nobel's dynamite receive no less than 38s. per case as duty, and that +if the contract proposed by the Chamber had been made the Government +would have profited during the previous four years to the extent of +L1,200,000 instead of L150,000. Upon another occasion light was +thrown on dark places in a rather disconcerting fashion. Mr. +Christiaan Joubert, Minister of Mines, took one of the witnesses in +hand with the object of showing that the people of Johannesburg had +only themselves to thank for the loss of confidence in this business. +The following questions and answers are from the official report:-- + +Should not the Chamber of Mines co-operate with the Department of +Mines to get a law protecting European shareholders from being +defrauded by swindlers?--I don't know if such a law could be framed +without interfering with what, in other countries, is considered to +be personal liberty. You have to come to the point whether the man +intended to swindle, and that can only be settled by the Court, as a +matter of personal judgment. If a good law could be devised it would +be beneficial. + +Is there no possibility for the Chamber of Mines to work with the +Department for the passing of such a law?--I don't know if laws exist +in France, Germany, England, or America, to that specific effect; but +if so, I would be guided by the wisdom and immense experience of the +law makers of those countries, otherwise we might be rushing in where +angels fear to tread. + +Is it then possible? Are you willing to discuss the matter with +us?--Oh, yes; but I do not think that that is exactly what is wanted +in order to restore confidence. Lots of things combine to shake the +confidence of investors. For instance, to deal with some small and +homely matters, I was told by a member of the Sanitary Board +yesterday that an application for the underground rights of the +Market Square, had been made by Mr. Jan Meyer, a leading member of +the Volksraad. That does not help to restore confidence. The Sanitary +Board applied for a portion of the Telephone Tower Park in order to +erect a Town Hall. They were refused. Now, some one has made an +application for the right to erect swimming baths. That does not +restore confidence. I hope the mere publication of these things will +prevent them from succeeding. The Sanitary Board applied for the +Union Ground, also for public purposes, but it was granted to private +applicants on the quiet. They have hawked it about and borrowed money +on it. It was offered to many of the big capitalists here, but they +would not touch it. The Sanitary Board are told that a building is to +be put up, in which fifty rooms will be set aside for them, but they +are not satisfied that the authorities should do good by stealth and +blush to find it fame. + +I cannot understand how mere applications can shake +confidence?--Well, they do, because they are only made when there is +a chance of their being granted. But, if you want facts, I will tell +you what shook the investor's confidence as much as anything that has +happened for years--that was the Ferreira claim-jumping raid, which +it was sworn to in Court had been suggested by you yourself, Mr. +Joubert. + +Not 'suggested' by me-- + +The Chairman said the witness was straying away from the original +question. + +Witness said that the Minister of Mines had wanted examples of what +shook confidence, so he was obliged to give them. + +The report of the Commission created a very favourable impression. +The majority of people believed that although it might not be +entirely acted upon, yet it would be quite impossible for the +President and the Volksraad to disregard suggestions made by so +influential a group of officials as those forming the Commission, and +that at any rate most of the recommendations would be accepted. The +unbelieving few who knew their President Kruger, however, waited for +something to be _done_. Presently ominous rumours went round about +differences in the Executive. Then came the scenes in the Volksraad, +when the President revealed himself and charged Mr. Schalk Burger +with being a traitor to his country for having signed such a report, +followed by the usual fight and the usual victory for the President, +and the usual Committee constituted mainly of extreme Conservatives +appointed to report upon the other Commission's report; and then the +usual result: Something for nothing. The Netherlands Railway made an +inconsiderable reduction in rates, which it appears was designed to +buy off, and did succeed in buying off, further scrutiny of its +affairs. With regard to the two big monopolies, Dynamite and Railway, +it appears that the Volksraad Commission accepted the private +assurances of the monopolists as sufficient warrant for reversing the +conclusions of the Industrial Commission. The proposed Local Board +for the goldfields was promptly ruled out as an unthinkable +proposition, a government within a government, and was so denounced +by the President himself. But the report of the Volksraad +Committee contained one supreme stroke of humour. It adopted the +recommendations of the Industrial Commission to remit the duties upon +certain articles of consumption so as to make living cheaper, but as +a condition it stipulated that in order that the State revenue should +not suffer, the duty upon other articles of consumption should be +increased so as to rather more than counterbalance the loss. That was +one result which the Uitlanders had in the beginning confidently +expected: Something for nothing. But the other result upon which they +had also calculated was a valuable one. They had put their case on +record and for the future the task of justifying the Uitlanders' +cause was to be reduced to the formality of pointing to the +Industrial Commission's report. + +The third event of importance, and an event of much greater +importance than has generally been recognised, was the Queen's Record +Reign celebration in Johannesburg. 'Britons, hold up your heads !' +was the watchword with which the late Mr. W. Y. Campbell started to +organize what he eventually carried out as the biggest and most +enthusiastic demonstration ever made in the country. No more +unselfish and loyal subject of her Majesty ever set foot in South +Africa than Mr. Campbell, whose organization and example to 'Rand +Britons,' as he called them, did more to hearten up British subjects +in the Transvaal than has ever been fully realized or properly +acknowledged. The celebration was an immense success in itself, and +besides restoring the hopes and spirits of British subjects it +promoted generally a better feeling and a disposition to forget past +differences. + +One of the consequences of the Raid and Reform had been a split in +the Chamber of Mines caused by the secession of a minority who held +views strongly opposed to those of the Reform party. It has always +been the policy of the Government to endeavour to divide the Rand +community. This is no vague general charge: many instances can be +given extending over a number of years. The accidental revelations in +a police court showed that in 1891 the Government were supporting +from the Secret Service Funds certain individuals with the object of +arranging labour unions to coerce employers upon various points. The +movement was a hopeless failure because the working men declined to +have anything to do with the so-called leaders. When the split took +place in the Chamber of Mines, it became the business of Dr. Leyds +and the President to keep the rift open. This was done persistently +and in a very open manner--the seceders being informed upon several +occasions that a fusion of the two Chambers would not be welcome to +the Government. Both before and since that time the same policy has +found expression in the misleading statement made on behalf of the +Government upon the compound question (namely, that the companies +were aiming at compounding all the natives and monopolizing all +the trade of the Rand), a statement made to divide the mercantile +from the mining community. The fostering of the liquor industry with +its thousands of disreputable hangers-on is another example; the +anti-capitalist campaign carried on by the Government press another. +And the most flagrant of all of course is the incitement to race +hatred. _Divide et impera_, is a principle which they apply with +unfailing regularity whether in their relations with other countries, +in the government of their own State, or in their dealings with +private individuals. Happily for the Rand community the effort to +settle their internal differences was successful; towards the end of +1897 the fusion of the two mining chambers took place, and the +unanimity thus restored has not since been disturbed. + +By this time even the most enthusiastic and sanguine friends of the +Government had to some extent realized the meaning of the 'something +for nothing' policy. They began to take count of all that they had +done to please Mr. Kruger, and were endeavouring to find out what +they had got in return. The result, as they were disposed to admit, +was that for all the good it had done them they might as well have +had the satisfaction of speaking their minds frankly as the others +had done. The Raad's treatment of the Industrial Commission report +had estranged all those who had taken part in the deliberations of +the Commission, and as Mr. Kruger had been careful to select only +those whom he believed to be friendly to him he suffered more in the +recoil than he would otherwise have done. He fell into the pit which +he had himself dug. + +Mr. Kruger was fast losing his friends, and another affair which +occurred about this time helped to open the eyes of those who still +wished to view him in a favourable light. Mr. Chamberlain in the +course of some remarks had stated that the President had failed to +fulfil the promises which he had made at the time of the Raid. His +Honour took an early opportunity to denounce Mr. Chamberlain to Mr. +J. B. Robinson and the manager of the then Government newspaper in +Pretoria. 'I would like Mr. Chamberlain to quote,' he said, 'any +instances of my failure to keep my promises, and I will know how to +answer him.' The challenge was published and Mr. Chamberlain +promptly cabled instructions to the British Agent to ask President +Kruger whether he had said this and if so whether he really did +desire a statement by Mr. Chamberlain of the character indicated. Mr. +Kruger took his own peculiar way out of the dilemma; he repudiated +the intermediaries, denounced the statement as untrue, and said +that he was not in the habit of conveying his requests through +irresponsible nobodies. The result was the immediate resignation of +the newspaper man and final rupture between the President and Mr. +Robinson. Thus were two more thick-and-thin supporters cast off at +convenience and without an instant's hesitation, and thus were +provided two more witnesses to the 'something for nothing' policy. +This incident was the immediate cause of the fusion of the Chambers. + +It had all along been realized that while Lord Rosmead continued to +act as High Commissioner in South Africa there would be no +possibility of the Uitlanders' grievances being again taken up by her +Majesty's Government. The High Commissioner had committed himself to +the opinion that it would be unsuitable and indeed improper to make +any representations on the subject for a considerable time. Moreover, +his age and ill-health rendered him unfit for so arduous a task. Many +hard things have been said and written about the late High +Commissioner, but it must be admitted that with age and infirmity +weighing him down he was confronted by one of the most desperate +emergencies which have ever arisen to try the nerve of a proconsul. +It is true that the responsibilities of Government are not to be met +by excuses: the supports of the Empire must stand the strain or be +condemned. But it is also true that those who regard themselves as +victims may not lightly assume the functions of independent judges: +and thus it was that in a mood of sympathy and regret, with perhaps +some tinge of remorse, the news of Lord Rosmead's death was accepted +as evidence unanswerable of the burden which in the autumn of his +days he was called upon to bear. + +When the name of Sir Alfred Milner was mentioned as the coming High +Commissioner all South Africa stood to attention. Seldom surely has a +representative of the Queen been put through such an ordeal of +examination and inquiry as that to which Sir Alfred Milner's record +was subjected by the people of South Africa. Not one man in a +thousand had heard his name before; it was as some one coming out of +the great unknown. The first feeling was that another experiment was +being made at the expense of South Africa; but almost before the +thought had formed itself came the testimony of one and another and +another, representing all parties and all opinions in England; and +the Uitlanders in the Transvaal began to hope and finally to believe +that at last they were to have a man to deal with who would exhibit +those qualities of intelligence, fairness, and firmness, which they +regarded as the essentials. Every word that was said or written about +the new High Commissioner was read and studied in South Africa. Every +reference made to him by the representatives of the various political +parties was weighed and scrutinized, and the verdict was that it was +good! Fair firm and able. There had not been a discordant note nor a +voice lacking in the chorus which greeted the appointment; and the +judgment was, 'They have given one of England's very best.' + +The impression had somehow gained ground in South Africa that the +first act of Sir Alfred Milner would be to visit the Transvaal and +endeavour to arrange matters. The hearts of the Uitlanders sank at +the thought of even the ablest and best-intentioned of men tackling +so complicated a problem without any opportunity of studying the +local conditions and the details. It was therefore with undisguised +satisfaction that they received the new High Commissioner's assurance +that as the representative of her Majesty he had plenty of work +before him in visiting and making himself acquainted with the +conditions and requirements of her Majesty's dominions in South +Africa, the people of which had the first call upon his services. The +statement cleared the political atmosphere and had a distinctly +cooling effect upon the overheated brain of the Boer party, who had +by this time convinced themselves that Pretoria was firmly +established as the hub of the universe and that an expectant world +was waiting breathlessly to know what President Kruger would do next. + +Mr. Conyngham Greene, an experienced member of the Diplomatic Corps, +who had been appointed towards the end of 1896 to succeed Sir Jacobus +de Wet as British Agent in Pretoria, had by this time gained some +experience of the ways of Pretoria. Probably few servants of the +Crown have been called upon to perform a service more exacting or +less grateful than that which fell to the British Agent during the +period in which Mr. Conyngham Greene has held the post. Conscious +that his Government was prevented by the acts of others from +vindicating its own position, hampered by the knowledge of immense +superiority of strength, dealing with people who advanced at every +turn and under every circumstance their one grievance as a +justification for all the acts of hostility which had preceded that +grievance or had been deliberately perpetrated since, he was +compelled to suffer snubs and annoyances on behalf of his Government, +with no relief but such as he could find in the office of recording +them. A good deal had been done by Mr. Conyngham Greene to establish +visible and tangible evidence of the desire of her Majesty's +Government to interest themselves in the condition of British +subjects and--as far as the exigencies of a very peculiar case would +for the time permit--to protect them from at least the more +outrageous acts of injustice; but the strength of the chain is the +strength of the weakest link, and it was always felt that until the +link in Cape Town was strengthened there was not much reliance to be +placed upon the chain. + +Very frequently surprise has been expressed that, after the fortunate +escape from a very bad position which the Jameson Raid afforded to +President Kruger's party, the Boers should not have learned wisdom +and have voluntarily undertaken the task of putting their house in +order. But having in mind the Boer character is it not more natural +to suppose that, inflated and misled by a misconceived sense of +success and strength, they should rather persist in and exaggerate +the ways which they had formerly affected? So at least the Uitlanders +thought and predicted, and their apprehensions were amply justified. +In each successive year the Raad has been relied upon to better its +previous best, to produce something more glaring and sensational in +the way of improper laws and scandalous measures or revelations +than anything which it had before done. One would imagine that it +would pass the wit of man to devise a means of exploiting the +Uitlanders which had not already been tried, but it would truly +appear that the First Volksraad may be confidently relied upon to +do it. + +In the year 1897 some things were exposed which appeared, even to the +Uitlanders, absolutely incredible. What is now known as the 'donkeys +and mealies scandal' was one of them. For the ostensible purpose of +helping burghers who had been ruined by the rinderpest the President +arranged for the purchase of large numbers of donkeys to be used +instead of oxen for draught purposes, and he also arranged for the +importation of quantities of mealies to be distributed among those +who were supposed to be starving. Inquiries instituted by order of +the Volksraad revealed the fact that Volksraad members and Government +officials were interested in these contracts. The notorious Mr. +Barend Vorster, who had bribed Volksraad members with gold watches, +money, and spiders, in order to secure the Selati Railway Concession, +and who although denounced as a thief in the Volksraad itself +declined to take action to clear himself and was defended by the +President, again played a prominent part. This gentleman and his +partners contracted with the Government to supply donkeys at a +certain figure apiece, the Government taking all risk of loss from +the date of purchase. The donkeys were purchased in Ireland and in +South America at one-sixth of the contract price. The contractors +alleged that they had not sufficient means of their own and received +an advance equal to three-quarters of the total amount payable to +them; that is to say for every L100 which they had to expend they +received L450 as an unsecured advance against their profits. It is +believed that not 10 per cent. of the animals were ever delivered to +the farmers for whom they were ostensibly bought. An attempt was made +in the Volksraad to have the matter thoroughly investigated and to +have action taken against the contractors, but the affair was hushed +up and, as far as it is possible to ascertain, every penny payable +under the contract has been paid and lost. + +In the matter of the mealies (maize, the ordinary native food), +large quantities were bought in South America. It was alleged in +the Volksraad that the amount was far more than was necessary and +that the quality was inferior, the result being that the Government +were swindled and that the State, being obliged to sell what it +did not require, was entering unfairly into competition with the +merchants and producers in the country. But the real character of +this mealie swindle can only be appreciated when it is known how the +contract originated. The contractors having bargained to deliver +donkeys, approached the President with the explanation that donkeys +being live-stock, would have to be accommodated upon an upper deck +where there was ample ventilation; the result of which, they said, +would be that the ship would be top-heavy and would be obliged to +take in ballast. Surely, it was argued, it would be folly to carry +worthless ballast when good mealies, which were in any case badly +needed in the country, would serve the purpose of ballasting equally +well and would, of course, show a very large profit. A contract for +mealies was therefore entered into. When the inquiry was instituted +in the Volksraad certain awkward facts came to light, and it devolved +upon Mr. Barend Vorster to explain how it happened that the mealie +'ballast' arrived and was paid for before the donkeys were shipped. +That worthy gentleman may still be thinking out the explanation, but +as the money has been paid it cannot be a cause of great anxiety. + +In order to preserve a true perspective the reader should realize +that the President defended both these affairs and that the exposures +took place while the recommendations of the Industrial Commission +were being discussed in the Raad and fiercely combated by the +President himself. + +The matter of the Selati Railway was again brought into prominence in +1897. It is quite impossible as yet to get at all the facts, but it +is very generally believed that a swindle of unusual dimensions and +audacity remains to be exposed, and that a real exposure would +unpleasantly involve some very prominent people. At any rate the +facts which became public in 1898 would warrant that suspicion. The +Selati Railway Company alleged that they had been unjustly deprived +of their rights, and the Government admitting repudiation of +contract took refuge in the plea that in making the contract they +had acted _ultra vires_. It was, in fact, an exemplary case of +'thieves falling out' and when the case got into the law courts a +point of real interest to the public came out; for the Company's +lawyers filed their pleadings! The following account of the case is +taken from the newspapers of the time. The plea of the Selati Railway +Company states that-- + +the Government was very desirous that the railways should be built, +and that for the purpose the business should be taken in hand by +influential capitalists, and that, having full knowledge of the sums +asked for by the original concessionaires they insisted upon the said +capitalists coming to an agreement with the concessionaires and +paying them the amounts asked; that it was thus understood between +the said capitalists and the Government of the South African Republic +that the sum named in the concession as the price to be paid to the +concessionaires for the formation of the Company was wholly +insufficient under the altered conditions, and that further sums had +to be expended to cover not only the increased amount demanded by the +original concessionaires, but _also other sums of money which were +asked by and paid to different members of the Executive Council and +Volksraad of the South African Republic and their relatives and +friends as the price for granting the concession._ + +The matter came before the High Court, and several of the exceptions +put forward on behalf of the Government were sustained. Regarding the +accusation mentioned, Mr. Advocate Esselen, who was counsel for the +State, excepted that names and particulars should be inserted, and +also that the State was not bound by the action of the Government or +Executive. He quoted the Volksraad resolution or _besluit_ upon which +the concession was granted, showing that L10,000 was mentioned as the +sum to be received by the concessionaires, and then proceeded:-- + +'Now, I say that the Government could not contract with the Company +at a higher figure than is above set forth. The measure of authority +granted to the Government is set forth in the Volksraad _besluit_ +which I have read, and the Government could not exceed its authority. +Second, the defendant Company makes allegations which are tantamount +to fraudulent dealing on the part of the agents of the State. But it +will be said that it is the State which sues, and that it cannot be +heard to avail itself of the wrongful acts of its agents. In this +matter, however, it is the State Secretary who sues on behalf of the +State. The State is not bound in any event by the acts of individual +members of the Government. It was the Government which was entrusted +with a power of attorney on behalf of the State.' + +This doctrine, so fatal to concessionaires and their methods, led to +the following interesting colloquy:-- + +Mr. Justice JORISSEN: Do you persist in this exception, Mr. Esselen? + +Mr. ESSELEN: Certainly I do. + +Mr. Justice JORISSEN: You have been very fortunate in succeeding +on two exceptions. Without pressing you in the least, I am inclined +to suggest that you withdraw this exception. + +Mr. ESSELEN: I cannot possibly withdraw it, but I am willing to allow +it to stand as a special plea and to argue it at a later stage. + +Mr. Justice JORISSEN: As I said, I don't wish to press you, but it +seems to me that this is a very dangerous question. + +Mr. ESSELEN: It is a very important question. + +Mr. Justice JORISSEN: It is not only an important but a perilous +question. + +In an amended plea filed by the Selati Railway Company they give the +names of persons to whom the Company had to pay certain sums of money +or give presents--in other words, bribes--in order to obtain the +Selati contract. The following are the names filed by Baron Eugene +Oppenheim:--To W.E. Bok, then member and minute keeper of the +Executive Council, on August 12, 1890, in cash L50; the late N.J. +Smit, sen., then Vice-president of the South African Republic, and +member of the Executive Council, on August 12, 1890, in cash, L500; +F.C. Eloff, son-in-law of the President and then Private Secretary to +his Honour, on August 12, L50 in cash. By De Jongh and Stegmann, on +behalf of Baron Oppenheim, to C. van Boeschoten, then Secretary of +the Volksraad, on October 6, 1893, in cash, L100. By B.J. Vorster, +jun., one of the concessionaires, on behalf of Eugene Oppenheim, on +or about August, 1890, the following: To Jan du Plessis de Beer, +member of the Volksraad for Waterberg, L100; Schalk W. Burger, member +of the Volksraad for Lydenburg, now member of the Executive Council, +L100; P.L. Bezuidenhout, member of the Volksraad for Potchefstroom, +L100; J. Van der Merwe, member of the Volksraad for Lydenburg, L100; +A.A. Stoop, member of the Volksraad for Wakkerstroom, L50; F.G.H. +Wolmarans, member of the Volksraad for Rustenburg, L50; J.M. Malan, +member of the Volksraad for Rustenburg, Chairman of the first +Volksraad, L50; N.M.S. Prinsloo, member of the Volksraad for +Potchefstroom, L50; J.J. Spies, member of the Volksraad for Utrecht, +L70; B.H. Klopper, Chairman of the Volksraad, L125; C. van +Boeschoten, Secretary of the Volksraad, L180. By J.N. de Jongh, on +behalf of Baron Eugene Oppenheim, about the end of 1892 or the +beginning of 1893, to the late N.J. Smit, sen., then Vice-President +of the South African Republic, and member of the Executive Council, +shares in the defendant Company to the value of L1,000; F.C. Eloff, +son-in-law of and then Private Secretary to the State President, +shares in the defendant Company to the value of L2,000; P.G. Mare, +then member of the Volksraad for Utrecht, now Landdrost of Boksburg, +shares in the defendant Company to the value of L500. By B.J. +Vorster, jun., on behalf of Baron Eugene Oppenheim, about July or +August, 1890, to C.C. van Heerden, member of the Volksraad for +Wakkerstroom, one spider; A.A. Stoop, member of the Volksraad for +Wakkerstroom, one spider; F.G.H. Wolmarans, member of the Volksraad +for Rustenburg, one spider; B.W.J. Steenkamp, member of the Volksraad +for Piet Relief, one spider; J.P.L. Lombard, member of the Volksraad +for Standerton, one spider; H.F. Grobler, member of the Volksraad +for Middelburg, one spider; W.L. de la Rey, member of the Volksraad +for Bloemhof, one spider; D.W. Taljaard, member of the Volksraad for +Standerton, one spider; J.C. van Zyl, member of the Volksraad for +Heidelburg, one spider; J.P. Botha, member of the Volksraad for +Pretoria, one spider; H.P. Beukes, member of the Volksraad for +Marico, one spider; J.F. van Staden, member of the Volksraad for +Vryheid, one spider; J.M. Malan, member of the Volksraad for +Rustenburg, one spider; N.M.S. Prinsloo, member of the Volksraad for +Potchefstroom, one cart; T.C. Greyling, member of the Volksraad for +Heidelberg, one cart. Total value, L1,440. + +Twenty-one members of the First Volksraad out of twenty-five! +The Vice-President! The son-in-law and Private Secretary of the +President! The Secretary of the Volksraad and the Minute Keeper +of the Executive! + +The Volksraad, one would think, would be bound to take cognizance of +such a statement and to cause an investigation to be held. They did +take cognizance of it after the manner peculiar to them. But the last +thing in the world to be expected from them was an impartial +investigation: nothing so foolish was ever contemplated. There were +too many in it, and an investigation into the conduct of officials +and Raad members would be establishing a most inconvenient precedent. +Some members contented themselves with a simple denial, others +scorned to take notice of such charges, and others tried to explain +them away. No opinion need be expressed upon the methods of the +concessionaires; nor does it matter whether the company, by its +neglect or default, had justified the act of the Government. The +point which is offered for consideration is that the indisputable +fact of bribes having been taken wholesale was ignored, whilst the +disputed question of liability to cancellation was arbitrarily +settled by the Government in its own favour. + +The crop of scandals in 1897 was as the rolling snowball. It is +unnecessary to refer to them all in detail. The Union Ground, one of +the public squares of Johannesburg, was granted to a syndicate of +private individuals upon such terms that they were enabled to sell +the right, or portion of it, at once for L25,000 in cash. The +Minister of Mines, in his official capacity, strongly recommended the +transaction, and was afterwards obliged to admit that he himself had +an interest in it. The Volksraad however refused to confirm it, and +the purchaser of the concession fell back upon the President for +protection. The latter advised him to remain quiet until the +presidential election, which was about to take place, should be over, +and gave the assurance that then he would see that the grant was +confirmed by the Raad. In the session of 1898 his Honour strongly +supported the proposal and it was duly carried. + +The Eloff location scandal was another which greatly disturbed even +the Volksraad. Mr. Frickie Eloff is President Kruger's son-in-law and +enjoys the unsavoury reputation of being interested in every swindle +which is worth being in the Transvaal. A piece of ground lying to the +north-west of Johannesburg close up to the town had originally been +proclaimed as a goldfield, but no reefs having been found there and +the ground not having been pegged, it was afterwards withdrawn from +proclamation. The Mining Commissioner of Johannesburg in the course +of his duties discovered some flaw in the second or withdrawing +proclamation. He advised the head office in Pretoria of this +discovery and stated that it might be contended that the +de-proclamation was invalid, and that great loss and inconvenience +would follow if the ground were pegged and the title upheld. Within +twenty-four hours the ground was pegged by Mr. Eloff, but it is not +known whence he derived the inspiration. His claim was strongly +opposed by the local officials. They reported that the ground was +known to be of no value, and advised that as the cost of licenses +would be very considerable the obvious policy of the Government would +be--if the title could not be upset--to wait until Mr. Eloff should +tire of paying licenses on valueless ground. The Government, however, +decided otherwise: they converted Mr. Eloff's claims into residential +stands; that is to say, they made him a present of an immensely +valuable piece of property and gave him title under which he could +cut it up into small plots and readily sell it. This action of the +Government, however, required confirmation by the Raad. The matter +came before the Volksraad in due course and that body deliberately +revoked the decision of the Government and refused Mr. Eloff any +title except what he could claim according to law. But Mr. Kruger is +not so easily beaten. He soon discovered that the piece of ground +acquired by Mr. Eloff was exactly the piece which it was necessary +for the Government to have for a coolie location, and without more +ado the Government bought it from Mr. Eloff for L25,000. + +The ingenuity of the Boer mind in getting the last possible +fraction of value out of any transaction, is well exemplified in this +matter. One would naturally conclude that a deal so profitable would +satisfy anybody. But not so! The piece of ground commands the +approach to many valuable private plots and residences, and it was +soon found that apart from intrinsic worth it might have a +blackmailing value; thus towards the end of 1898, after the deal had +been completed, the owners of these residences and estates were +privately approached with the information that the coolie location, +consisting of shelters built of scraps of iron, paraffin tins, and +old pieces of wood, was to be removed to this site (probably to +facilitate the transference of the present location site, which is +also very valuable, to some other favourite), but that if sufficient +inducement were offered by landowners in the neighbourhood, the +decision would be reconsidered! + +The grant of a Municipality to Johannesburg has often been quoted as +an example of something done by Mr. Kruger in the interests of the +Uitlanders. The principal conditions of that grant are that all +burghers of the State, whether they have property or not, shall be +entitled to vote for the election of councillors; that each ward +shall be represented by two councillors, one of whom must be a +burgher; and that the chairman, or burgomaster, shall be appointed by +Government and shall have the right of veto. The elections in at +least two of the wards are completely at the mercy of the police and +of the poor Boers who have no interest whatever in the town. The +burghers in Johannesburg--police, Boers, and officials--who may +number a couple of thousand, including the naturalized lot, have +therefore a permanent and considerable majority over the Uitlanders, +who probably number over 40,000 adult white males. + +The scope and value of this grant were made manifest when the now +notorious sewerage concession came under discussion. The Municipality +had upon several occasions endeavoured to get the right to introduce +a scheme for the disposal of the sewage of the town, and had applied +for authority to raise the necessary funds, but had been refused. +Suddenly a concession was granted by the Government--they called it a +contract--to Mr. Emmanuel Mendelssohn, the proprietor of the +_Standard and Diggers News_, the Government organ in Johannesburg. +He said that he got it for nothing--possibly a reward for loyal +services; but he also stated that he was not the sole owner. The +value of the grant was estimated by the concessionaire himself to be +about L1,000,000 sterling, and in the lately published proposals +which he made to one of the big firms interested in the Transvaal he +indicated how a profit of L100,000 a year could be made out of it. +The Town Council unanimously and vigorously protested; but the +Government took no notice of their protest. They then decided to +apply to the Court for an order restraining the Government from +making this grant, on the ground that they had no power to alienate a +right which belonged to the town itself. In order to make the +application to Court it was necessary, in terms of the constitution +of the municipality, to obtain the signature of the Burgomaster. That +official as representing the Government refused point blank to +authorize the council to dispute the Government's action in a Court +of Law, and the council were obliged to apply for an Order of Court +compelling the Burgomaster to sign the documents necessary to enable +them to contest in the Courts of the country the validity of an act +of the Government which was deemed to be infringement upon the rights +of the town. In the face of this the President capitulated for the +time being; but neither he nor the concessionaire makes any secret of +the determination to find a _quid pro quo_. + +The year 1898 brought in its turn its full share of fresh +encroachments and exactions. The bare enumeration of the concessions, +privileges, and contracts, proposed or agreed to, is sufficient to +indicate what must be the condition of mind of one whose interests +are at stake under such a _regime_. Not all 'concessions,' +'contracts,' and 'protected factories' confer exclusive rights, but +many might easily in effect do so and all are infringements upon the +rights of the public. Here are some from the official list of +1899;--Dynamite, Railways, Spirits, Iron, Sugar, Wool, Bricks, +Earthenware, Paper, Candles, Soap, Calcium Carbide, Oil, Matches, +Cocoa, Bottles, Jam, &c. + +A large loan had been constantly talked of throughout the year, but +no one knew for what purpose it could be required. The Government +vouchsafed no information at all but negotiations were carried on +both in Pretoria and in Europe. Month after month went by, but the +millions were not forthcoming, and the Government believed or +affected to believe that their failure was due to a conspiracy among +the capitalists, and in retaliation they directed and subsidised a +fierce anti-capitalist campaign in their press. The explanation of +failure, which did not occur to them, may have been that investors +believed that the course pursued by the Transvaal Government must +inevitably lead to conflict with the paramount power, and they had no +faith and no assurance that in the event of such a conflict taking +place the British Government would take over loans which must have +been contracted only for the purposes of war against England. + +The juggling with the dynamite question continued throughout the +year. The President had successfully defeated the aim of the +Volksraad, and the investigation and reports which had been ordered +by that body in 1897 to be made by lawyers and auditors, although +duly handed into the Government, were suppressed by the President and +not permitted to be shown to the Raad. On the contrary, the +astounding proposition was made that in return for a very +inconsiderable reduction in the cost of dynamite (half of which was +to be made up by the Government sacrificing its share of profits) and +a possible further reduction of 5s. per case under certain +conditions, the monopoly should be renewed for a period of fifteen +years, all breaches in the past to be condoned, and cancellation on +the ground of breach of contract in the future to be impossible. This +proposal, it was publicly notified, would be laid before the Raad +during the first session of 1899. The existence of the dynamite +monopoly was at this time costing the industry L600,000 a year, and +on every possible occasion it was represented to the Government that, +if they really did need further revenue, in no way could it be more +easily or more properly raised than by exercising their undoubted +right to cancel the monopoly and by imposing a duty of such amount as +might be deemed necessary upon imported dynamite. It was also pointed +out that the proposed reduction in the cost of dynamite would offer +no relief whatever since it was far more than counterbalanced by the +taxes upon mynpachts and profits which were then being imposed. + +During this year the Volksraad instructed the Government to +enforce their right to collect 2-1/2 per cent. of the gross +production from mynpachts (mining leases). All mynpachts titles +granted by the Government contained a clause giving the Government +this power, so that they were acting strictly within their legal +rights; but the right had never before been exercised. For twelve +years investors had been allowed to frame their estimates of profit +upon a certain basis, and suddenly without a day's warning this +tax was sprung upon them. It was indisputably the right of the +Government, but equally indisputably was it most unwise; both because +of the manner in which it was done and because there was no necessity +whatever for the doing of it, as the revenue of the country was +already greatly in excess of the legitimate requirements. Immediately +following this came a resolution to impose a tax of 5 per cent. upon +the profits of all companies working mining ground other than that +covered by mynpacht. The same objections applied to this tax with the +additional one, that no clause existed in the titles indicating that +it could be done and no warning had ever been given that it would be +done. The proposal was introduced one morning and adopted at once; +the first notice to investors was the accomplished fact. These +measures were particularly keenly resented in France and Germany. + +The grievance of hasty legislation was in these cases aggravated by +the evidence that the taxes were quite unnecessary. President Kruger +still fought against cancellation of the Dynamite Monopoly, by which +the State revenue would have benefited to the extent of L600,000 a +year, if he had accepted the proposal of the Uitlanders, to allow +importation of dynamite subject to a duty of L2 per case--a tax +which represented the monopolists' profit, and would not therefore +have increased the cost of the article to the mines. He still +persisted in squandering and misapplying the public funds. He +still openly followed the policy of satisfying his burghers at the +Uitlanders' expense; but the burghers have a growing appetite, and +nothing shows the headlong policy of 'squaring'--nothing better +illustrates the Uitlanders' grievance of reckless extravagance in +administration--than the list of fixed salaries as it has grown year +by year since the goldfields became a factor. + + TRANSVAAL FIXED SALARIES. + + L s. d. + 1886 51,831 3 7 + 1887 99,083 12 8 + 1888 164,466 4 10 + 1889 249,641 10 10 + 1890 324,520 8 10 + 1891 332,888 13 9 + 1892 323,608 0 0 + 1893 361,275 6 11 + 1894 419,775 13 10 + 1895 570,047 12 7 + 1896 813,029 7 5 + 1897 996,959 19 11 + 1898 1,080,382 3 0 + 1899 (Budget) 1,216,394 5 0 + +That is to say, the Salary List is now twenty-four times as great as +it was when the Uitlanders began to come in in numbers. It amounts to +nearly five times as much as the total revenue amounted to then. It +is now sufficient if equally distributed to pay L40 per head per +annum to the total male Boer population. + +The liquor curse has grown to such dimensions and the illicit liquor +organization has secured such a firm hold that even the stoutest +champions of law and order doubt at times whether it will ever be +possible to combat the evil. The facts of the case reflect more +unfavourably upon the President than perhaps any other single thing. +These are the facts: The law prohibits the sale of liquor to natives; +yet from a fifth to a third of the natives on the Rand are habitually +drunk. The fault rests with a corrupt and incompetent administration. +That administration is in the hands of the President's relations and +personal following. The remedy urged by the State Secretary, State +Attorney, some members of the Executive, the general public, and the +united petition of all the ministers of religion in the country, is +to entrust the administration to the State Attorney's department and +to maintain the existing law. In the face of this President Kruger +has fought hard to have the total prohibition law abolished and has +successfully maintained his nepotism--to apply no worse construction! +In replying to a deputation of liquor dealers he denounced the +existing law as an 'immoral' one, because by restricting the +sale of liquor it deprived a number of honest people of their +livelihood--and President Kruger is a total abstainer! + +The effect of this liquor trade is indescribable; the loss in money +although enormous is a minor consideration compared with the crimes +committed and the accidents in the mines traceable to it; and the +effect upon the native character is simply appalling. + +Much could be said about this native question apart from the subject +of drink, for it is one which is very difficult of just appreciation +by any but those who have had considerable experience of and personal +contact with the natives. It is one upon which there is a great +divergence of views between the people of Europe and the people of +South Africa. South Africans believe that they view it from the +rational standpoint, they believe also that Europeans as a rule view +it more from the sentimental. The people who form their opinions from +the writings and reports of missionaries only, or who have in their +mind's eye the picturesque savage in his war apparel as seen at +Earl's Court, or the idealized native of the novelist, cannot +possibly understand the real native. The writer holds South African +views upon the native question, that is to say that the natives are +to all intents and purposes a race of children, and should be treated +as such, with strict justice and absolute fidelity to promise, +whether it be of punishment or reward: a simple consistent policy +which the native mind can grasp and will consequently respect. + +With this in mind it will, perhaps, be believed that the recital of +certain instances of injustice is not made with the object of +appealing to sentimentalism, or of obliquely influencing opinions +which might otherwise be unfavourable or indifferent. The cases +quoted in this volume are those which have been decided by the +courts, or the evidence in support of them is given, and they are +presented because they are typical cases, and not, except in the +matter of public exposure, isolated ones. The report of the case of +Toeremetsjani, the native chieftainess,{48} is taken verbatim from +one of the newspapers of the time. The woman is the head of the +Secocoeni tribe, whose successful resistance to the Transvaal +Government was one of the alleged causes of the annexation. A good +deal could be said about the ways of Native Commissioners in such +matters. Much also could be said about the case of the British +Indians and the effect upon the population of India which is produced +by the coming and going of thousands of these annually between India +and the Transvaal, and their recital of the treatment to which +they are subjected, their tales of appeals to the great British +Government, and their account of the latter's inability to protect +them. Much also could be said of the Cape Boy question, but +sufficient prominence has been given to these matters by the +publication of the official documents and the report of the inquiry +into Field-Cornet Lombaard's conduct, which was held at the instance +of the British Government. + +It is not suggested that if the Government in the Transvaal were +influenced by the vote of the white British subjects, or if it were +entirely dominated by such vote, any encouragement would be given to +the Indian hawkers and traders, or that there would be any +disposition whatever to give voting rights to coloured people of any +kind, but it _is_ suggested that a more enlightened and a more just +system of treatment would be adopted; and in any case it is to be +presumed that there would be no appeals to the British Government, +involving exhibitions of impotency on the part of the Empire to +protect its subjects, followed by the deliberate repetition of +treatment which might become the subject of remonstrance. The +untutored mind is not given to subtleties and sophistries; direct +cause and effect are as much as it can grasp. These it does grasp and +firmly hold, and the simple inferences are not to be removed by any +amount of argument or explanation, however plausible. There is +scarcely an Uitlander in the Transvaal who would not view with dismay +the raising of the big question upon such grounds as the treatment of +the natives, the Cape boys, or the Indians; and the fact that the +Transvaal Government know this may account for much of the +provocation on these questions. It is nevertheless undeniable that +white British subjects in the Transvaal do suffer fresh humiliation +and are substantially lowered in the eyes of the coloured races, +because appeals are made on their behalf to the British Government, +and those appeals are useless. The condition of affairs should be +that such appeals would be unnecessary, and would therefore +become--in practice--impossible. Such a condition of affairs would +obtain under a friendly and more enlightened government, and the +only security for the voluntary continuance of such conditions is +the enfranchisement of the Uitlander population. + +In the midst of all that was gloomy unfavourable and unpromising +there came to the Uitlanders one bright ray of sunshine. Dr. Leyds +who had been re-elected State Secretary on the understanding that he +would resign immediately in order to take up the post of +plenipotentiary in Europe, and whom the Boers with a growing +anti-Hollander and pro-Afrikander feeling would no longer tolerate, +relinquished his office. In his stead was appointed Mr. F.W. Reitz +formerly President of the Free State, a kindly, honourable, and +cultured gentleman, whose individual sympathies were naturally and +strongly progressive but who, unfortunately, has not proved himself +to be sufficiently strong to cope with President Kruger or to rise +above division upon race lines in critical times. Shortly afterwards +Mr. Christiaan Joubert, the Minister of Mines, a man totally unfit +from any point of view to hold any office of responsibility or +dignity, was compelled by resolution of the Second Volksraad to hand +in his resignation. His place was filled by a Hollander official in +the Mining Department who commanded and still commands the confidence +and respect of all parties. The elevation of the Acting State +Attorney to the Bench left yet another highly responsible post open +and the Government choice fell upon Mr. J.C. Smuts, an able and +conscientious young barrister, and an earnest worker for reform. An +Afrikander by birth and educated in the Cape Colony, he had taken his +higher degrees with great distinction at Cambridge and had been +called to the English Bar. + +But there came at the same time another appointment which was not so +favourably viewed. There was still another vacancy on the Bench, and +it became known that, in accordance with the recommendation expressed +by the Raad that all appointments should whenever possible be first +offered to sons of the soil, _i.e._, born Transvaalers, it was +intended to appoint to this judgeship a young man of twenty-four +years of age lately called to the bar, the son of the Executive +Member Kock already referred to in this volume. The strongest +objection was made to this proposal by all parties, including the +friends of the Government; the most prominent of all objectors were +some of the leading members of the bar who, it was believed, carried +influence and were in sympathy with the Government. A delay took +place and it was at one time believed that President Kruger had +abandoned his intention, but it is understood that pressure was +brought to bear upon the President by a considerable party of his +followers, and in the course of a few days the appointment was duly +gazetted. + +The selection of educated and intelligent Afrikanders, sincerely +desirous of purifying the administration, for such responsible +offices as those of State Secretary and State Attorney, was +gratefully welcomed by the Uitlander community, who believed that +only through the influence of such men consistently and determinedly +exerted could a peaceful solution of many difficult questions be +found. It is but bare justice to these gentlemen to state that never +were they found wanting in good intention or honest endeavour, ready +at all times to inquire into subjects of complaint, anxious at all +times to redress any legitimate grievances. To them and to many other +less prominent but no less worthy officials of the Transvaal Civil +Service, whom it is impossible to name and to whom it might prove to +be no good turn if they were named, is due an expression of regret +that they may perhaps suffer by references which are not directed +against them but which are justified by a rotten system and are +called for by the action of others over whom these men have no +control. Nobody but one intimately concerned in Transvaal affairs can +appreciate the unpleasant and undeserved lot of the honest official +who necessarily, but most unjustly, suffers by association with those +who deserve all that can be said against them. + +It is very well known that the gentlemen above referred to would, if +it were in their power, readily accord the terms asked for in the +franchise memorandum recently submitted by the Uitlanders, but they +are unfortunately entirely without influence over the President and +his party. It is true that--although British subjects by +birth--they have chosen to associate themselves with the Transvaal +Government and are now uncompromising republicans; but there is no +fault to be found with that. It may be true also that they aspire to +republicanize the whole of South Africa, and free it of the Imperial +influence; that would be a cause of enmity as between them and those +who desire to preserve the Imperial connection, but it is no ground +for reproach. There is one point, however, upon which they in common +with nearly all the enlightened Afrikanders throughout South Africa +may be adjudged to have fallen short in their duty; it is this, that +whilst nine times out of ten they divide upon sound principles, they +will not follow that policy to a conclusion; for upon the tenth +occasion they will subordinate principle and, at the call of one who +may use it unscrupulously, will rally upon race lines alone. It is +only too true of only too many that they cannot be got to see that if +they would really divide upon principles all danger of conflict would +disappear and the solution would be both speedy and peaceful; for it +is the division upon race lines that alone raises the distracting +prospect of war. + +For those who are in this position in the Transvaal it may be allowed +that their difficulties are great. They cannot, it is true, complain +of lack of warning. They did not, it is also true, after trying their +influence and finding it of no avail, cut adrift when they might have +done so, and by their example have so stripped the reactionaries of +all support that there could now be no question of their standing +out; but they may have honestly believed that they would in time +succeed, whilst the Uitlanders, judging from a long and bitter +experience, felt that they would not and could not. They may say that +this is no time to part from those with whom they associated +themselves in times of peace. Such reasoning may provide an excuse in +the Transvaal, but no such plea will avail for those without the +Transvaal who have let the day of opportunity go past, and who cry +out their frightened protest now that the night of disaster is upon +us. + + +Footnotes for Chapter X + +{42} That President Kruger always contemplated controlling the +Uitlander population by arbitrary methods was proved by the choice of +the site for the Johannesburg fort. This site, on a hill commanding +the town, had been reserved by Government from the commencement, and +when the accommodation in the old gaol proved insufficient and a new +gaol was required it was located on this spot, then a favourite +residential quarter of the town. A deputation of officials waited +upon the President to urge the placing of the new gaol in a more +convenient locality elsewhere. His Honour replied, 'that he did not +care about the convenience. He was going to build the gaol there, +because some day the town would be troublesome and he would want to +convert the gaol into a fort and put guns there before that time +came.' That was at least four years before the Raid. + +{43} The writer has since learned from Mr. +Alfred Beit that the same proposal was made to him by Mr. Graaff in +January, 1896, immediately after the Raid, and that it was baited +with the promise that if he and Mr. Rhodes would agree to support it +the threatened 'consequences' of their association with the Raid +would be averted. But they preferred the 'consequences.' + +{44} About the middle of 1895 a bad explosion of dynamite occurred +in Germany under circumstances very similar to those of the +Johannesburg accident. An inquiry held by the German authorities +resulted in the finding that the explosion must have been due to +some fault in the dynamite, and an order was issued to destroy the +remainder. The officials charged with this duty found, however, that +the owners, anticipating some such result, had removed it. It was +eventually traced as having been shipped from Antwerp to Port +Elizabeth and thence consigned to the Transvaal in November, 1895. +The Johannesburg explosion occurred in February, 1896. No competent +or independent inquiry was held, although about 100 people were +killed and many more injured. + +{45} The gaoler--Du Plessis--in the fulfilment of his promise lost +no opportunity to harass them into submission, by depriving them of +one thing after another, knowing that they would ask for nothing +except as a right. As an instance, the spirit-lamp with which +they made their tea was taken from them on the pretext that no +combustibles were allowed under the prison regulations, and upon a +remonstrance being made by Mr. Conyngham Greene to Dr. Leyds the +latter replied that it was necessary on account of the risk of fire. +For about eight months, therefore, water was to be--and of course +was--their only drink. Only once during the thirteen months did Du +Plessis appear to 'get home.' It was when he proposed that the two +should be separated and sent to out-of-the-way gaols, widely apart +and distant from all friends. Without doubt the conditions told +seriously upon their health, but as both men were endowed with +exceptional physique and any amount of grit they were still able to +take it smiling. + +{46} It is described as the Witfontein case. See page 100. + +{47} When the case came up again in due course a decision was given +by Mr. Gregorowski, the new Chief Justice, which was regarded by the +plaintiff's advisers as a reversal of the first judgment, and the +practical effect of which was to bring the case under the operations +of Law 1 of 1897--that is to say, to put the plaintiff 'out of court.' +Mr. Brown has appealed to the United States Government for redress. + +{48} See Appendix K. + + + + +CHAPTER XI. + +THE BEGINNING OF THE END. + + +So the year dragged on with its one little glimmer of light and its +big black clouds of disappointment, and it was Christmas-time when +the spark came to the waiting tinder. What a bloody bill could the +holidays and holy days of the world tot up! On the Sunday night +before Christmas a British subject named Tom Jackson Edgar was shot +dead in his own house by a Boer policeman. Edgar, who was a man of +singularly fine physique and both able and accustomed to take care of +himself, was returning home at about midnight when one of three men +standing by, who as it afterwards transpired was both ill and +intoxicated, made an offensive remark. Edgar resented it with a blow +which dropped the other insensible to the ground. The man's friends +called for the police and Edgar, meanwhile, entered his own house a +few yards off. There was no attempt at concealment or escape; Edgar +was an old resident and perfectly well known. Four policemen came, +who in any circumstances were surely sufficient to capture him. +Moreover, if that had been considered difficult, other assistance +could have been obtained and the house from which there could have +been no escape might have been watched. In any case Edgar was +admitted by the police to have sat on the bed talking to his wife, +and to have been thus watched by them through the window. It is not +stated that they called upon him to come out or surrender himself, +but they proceeded immediately to burst in his door. Hearing the +noise he came out into the passage. He may or may not have known that +they were police: he may or may not have believed them to be the +three men by one of whom he had been insulted. There is not a word of +truth in the statement since made that Edgar had been drinking. It +was not alleged even in defence of the police, and the post-mortem +examination showed that it was not so. A Boer policeman named +Jones (There are scores of Boers unable to speak a word of +English, who nevertheless own very characteristic English, Scotch, +and Irish names--many of them being children of deserters from the +British army!) revolver in hand burst the door open. It is alleged +by the prisoner and one of the police that as the door was burst +open, Edgar from the passage struck the constable on the head +twice with an iron-shod stick which was afterwards produced +in Court. On the other hand Mrs. Edgar and other independent +witnesses--spectators--testified that Edgar did not strike a blow +at all and could not possibly have done so in the time. The fact, +however, upon which all witnesses agree is that as the police +burst open the door Constable Jones fired at Edgar and dropped him +dead in the arms of his wife, who was standing in the passage a +foot or so behind him. On the following morning, the policeman was +formally arrested on the charge of manslaughter and immediately +released upon his comrades' sureties of L200. + +As gunpowder answers to the spark so the indignation of the Uitlander +community broke out. The State Attorney to whom the facts were +represented by the British Agent in Pretoria immediately ordered the +re-arrest of the policeman on the charge of murder. The feeling of +indignation was such among British subjects generally, but more +especially among Edgar's fellow-workmen, that it was decided to +present a petition to her Majesty praying for protection. British +subjects were invited to gather in the Market Square in order to +proceed in a body to the office of the British Vice-Consul and there +present the petition, but in order to avoid any breach of the Public +Meetings Act they were requested to avoid speech making and to +refrain in every way from any provocation to disorder. Some four or +five thousand persons gathered together. They listened to the reading +of the petition and marched in an orderly manner to the office of +the British Vice-Consul where the petition was read and accepted. + +This was the first direct appeal to her Majesty made by British +subjects since the protests against the retrocession eighteen years +before. Not very many realized at the time the importance of the +change in procedure. There could be no "As you were" after the direct +appeal: either it would be accepted, in which event the case of the +Uitlanders would be in the hands of an advocate more powerful than +they had ever proved themselves to be, or it would be declined, a +course which would have been regarded as sounding the death-knell of +the Empire in South Africa. The time was one of the most intense +anxiety; for the future of the Uitlanders hung upon the turn of the +scale. + +It was late one night when those who had been called to Pretoria to +receive the reply of her Majesty's Government returned to the Rand. +The real reply then was known only to three men; it was simply, point +blank refusal to accept the petition. There were no reasons and no +explanations. It was done on the authority of Sir William Butler, the +Commander-in-Chief in South Africa and acting High Commissioner; for +Sir Alfred Milner was at that time in England, as also was Mr. +Conyngham Greene. But the faith was in these men that it could not be +true, that it could not have happened had Sir Alfred Milner not been +absent, and thus came the suggestion to 'explain it away.' On the +following day British subjects on the Rand learned that a breach of +diplomatic etiquette had been committed, that the petition should +never have been published before being formally presented to her +Majesty, and that thus it would be necessary to prepare and present +another in proper form. The petition was redrawn and in the course of +the following weeks upwards of 21,000 signatures were obtained by +that loyal and enthusiastic little band of British subjects who form +the Johannesburg branch of the South African League. + +In the meantime other things had been happening. Messrs. Thomas R. +Dodd and Clement Davies Webb had been arrested under the Public +Meetings Act for having organized an illegal meeting in the Market +Square, Johannesburg, for the purpose of presenting the petition to +the British Vice-Consul. They were released upon bail of L1,000 +each. Whether this was a fair example of the judicial perspective in +the Transvaal, or whether it was a concession to the feelings of the +Boers it is impossible to say, nor does it much matter. The fact is +that for the crime of killing a British subject the bail was L200; +and for the crime of objecting to it the bail was L1,000. This action +only added fuel to the fire and a public meeting was immediately +convened to be held in a circus building known as the Amphitheatre. +Meetings are permitted under the Act provided they are held in an +enclosed building. The object of the meeting was to record a protest +against the arrest of Messrs. Dodd and Webb. A great many of the more +ardent among the British subjects were of opinion that the time for +protests and petitions was past, and they would not attend the +meeting. A great many others feeling that it was more or less a +formality leading to nothing else, did not trouble to attend. Not one +of those who did attend had the least suspicion of any organized +opposition. The following dispatch from the High Commissioner to the +Secretary of State for the Colonies sufficiently describes the +sequel:-- + + GOVERNMENT HOUSE, CAPE TOWN, + _April 5, 1899_. + +SIR,--I have the honour to forward herewith the certified and +attested copies of affidavits which form an enclosure to Mr. Wyberg's +letter, transmitted to you in my dispatch of the 28th March, but +which did not reach me in time to catch the last mail steamer. + +From these affidavits, the number of which and the manner in which +they confirm one another seem to me to leave no doubt of their +general trustworthiness, it appears: + +1. That early on the morning of Saturday, the 14th January, the +foremen in charge of the various camps along the Main Reef Road were +instructed to tell a certain number of their workmen to be at the +Amphitheatre in Johannesburg at 2 p.m., where they would be addressed +by an official of the Public Works Department, Mr. P.J. Malan (Hoofd +van Afdeeling Wegen). + +2. That the affair had been planned beforehand, and that Acting Road +Inspector Papenfus and others systematically visited the various +camps on that morning in order to beat up recruits, and that inquiry +was made in some cases to ensure that the persons sent should be +'treu,' _i.e._, Boer or Afrikander workmen who might be expected to +take the side of the Government. The Russian workmen were not asked +to go. + +3. That the men were paid two hours earlier than usual, and that +those men who were ordered to go were told, if they could not get +Government carts, they should hire and recover afterwards. + +4. That in some cases, as that of the Boksburg section, the men were +conveyed the greater part of the way by Government carts. + +5. That when the men arrived at the Amphitheatre, about 2 p.m., a man +who was either Mr. Bosman, Second Landdrost's Clerk, or Mr. Boshof, +Registrar of the Second Criminal Court, and perhaps both of them, +told them to go to the Police Station. + +6. That on arriving at the Police Station, they were addressed by Mr. +Broeksma, Third Public Prosecutor, and told they were there to break +up the meeting when he gave them certain signals. + +7. That they then went into the Amphitheatre, and that there were +present, besides Mr. Broeksma, Mr. Papenfus, Mr. Jacobs, Special Road +Inspector, Mr. de Villiers, Second Public Prosecutor, and Mr. +Burgers, also an official, as well as several prominent members of +the Town and Special Police in plain clothes. + +8. That the different sections of the Road party men were placed in +various parts of the building, under their respective foremen, and +that several Government officials assisted in locating them. + +9. That a number of the men did not understand what they were there +for. + +10. That the proceedings on the part of the promoters of the meeting, +which, as you are aware, had been sanctioned by the Government, were +perfectly regular. + +11. That on the first appearance of the promoters of the meeting +there was a concerted disturbance, which rendered it totally +impossible to go on with the proceedings. + +12. That in the riot which followed several people were seriously +injured, the sufferers in every case being _bona fide_ sympathizers +with the object of the meeting, and the aggressors being persons who +had come there with the object of breaking it up. + +13. That the Police did not make the smallest effort to check the +disturbances though it would have been easy to do so, and that, when +appealed to, they maintained an attitude of indifference. + +14. That Broeksma, Third Public Prosecutor, and Lieutenant Murphy, of +the Morality Police, actually assisted in breaking chairs, and +encouraged the rioters. + + I have, &c., + A. MILNER, + _Governor and High Commissioner._ + +With affairs of this kind stirring up race hatred and feeling among +the class from whom the juries have to be selected, what chance was +there of securing an impartial trial of the policeman charged with +the murder of Edgar? The Acting British Agent Mr. Edmund Fraser in +his dispatch of December 23 tells what he thought of the prospect +before these affairs took place. 'As to the ultimate charge to be +brought against the policeman, the State Attorney was doubtful +whether the charge had not better be one of culpable homicide, for +the reason that in the presence of a Boer jury his counsel would have +a much easier task in getting him off under a charge of murder than +for culpable homicide. But the chances of a Boer jury convicting +him at all are so small that I said I should not assent to either +charge until I had seen what rebutting evidence the Public Prosecutor +brought.' + +But this was not all. Immediately after the murder of Edgar, Mr. J.S. +Dunn the editor of the _Critic_ newspaper, recited the facts of the +case as they were known to him and passed some severe strictures upon +Dr. Krause, the First Public Prosecutor, who was responsible for +determining the charge against policeman Jones and fixing his bail in +the first instance. The steps now taken by Dr. Krause no doubt were +within his legal rights, but they do not appear to a layman +calculated to ensure justice being done. Before proceeding with the +murder trial Dr. Krause took criminal action against Mr. Dunn for +libel, and in order to prove the libel he, whose duty it was to +prosecute Jones for murder, entered the witness-box and swore that +under the circumstances as known to him he did not consider that +Jones had been guilty of murder, and had therefore faithfully +performed his duty in charging him with the minor offence and +releasing him on bail. Further, he called upon the Second Public +Prosecutor to testify in a similar strain; and finally he directly +and deliberately associated with himself as witness on his side the +man Jones himself who was charged with the murder. All this +ostensibly to prove a paltry libel which could have been dealt with +quite as effectively and infinitely more properly after the trial for +murder had taken place; indeed it is incontestable that the verdict +in the murder trial should properly have been relied upon to a large +extent to determine the gravity of Mr. Dunn's offence. It had +appeared to the British population that the chance of an impartial +trial, with the jury drawn exclusively from the burgher class, was +sufficiently remote without any proceedings so ill considered as +these. The result fulfilled anticipations. In due course the +constable Jones was indicted for culpable homicide and acquitted; and +the presiding judge (Mr. Kock, who as already described had claimed a +judgeship as a 'son of the soil') when discharging the prisoner said, +'With that verdict I concur and I hope that the police under +difficult circumstances will always know how to do their duty.' + +After the preliminary examination of Jones the Acting British Agent +had written to the Acting High Commissioner (December 30, 1898): 'I +will only remark that the enclosed report ... seems to show that the +Public Prosecutor (Krause), who has been deeply offended by the slur +cast upon his judgment through the orders from Pretoria to keep the +accused in prison instead of out on bail, was more inclined to defend +than to prosecute and showed an extraordinary desire to incriminate +either the British Vice-Consul or the South African League for what +he termed contempt of court in connection with the publication of +certain affidavits in the _Star_.' + +That was indeed the position. In this as in the Cape Boys case (the +Lombaard inquiry) the aim of the prosecution appeared to be to prove +that the British Vice-Consul had investigated and reported cases of +injustice suffered by British subjects; and the establishment of such +proof seemed to be considered a sufficient and triumphant answer to +the original complaint. Such action drew the following spirited +protest from Mr. Emrys Evans to the British Agent: 'He (Krause) seems +generally to suppose that I have no right to do anything in the way +of assisting British subjects, and that my action as Vice-Consul is +nothing more nor less than officious meddling.' That well describes +the position of Great Britain's representative in the Transvaal, and +it has been the same for so many years that among the Uitlanders it +creates no feeling of surprise; but imagine the representative +of--let us say--the United States being so treated! + +While these matters were proceeding an opportunity occurred to raise +fresh funds for the Uitlander Education Council. The scheme had been +perilously near collapse on several occasions, but by a little +generous and timely help actual abandonment had been averted. The +possibility of a return of better times had been foreseen by some of +those interested in education, and the appeals which were made in the +months of February and March resulted in raising a fund of over +L100,000. The companies were also applied to for assistance in the +form of annual grants for maintenance; and guarantees were given +amounting in all to about L16,000 a year. A final effort was made by +the Government party and the allies of Dr. Mansvelt, the +Superintendent of Education, to show that the Government had made +ample provision for the education of English-speaking children, and +that the Uitlanders' scheme was unnecessary. Even Mr. Reitz, the +State Secretary, it is to be regretted, undertook a public defence of +the system which he has frequently expressed his disapproval of; but +the more favourable construction which he endeavoured to place upon +the law was immediately removed by a plain statement from the +President to the exact contrary effect. + +The Uitlanders consider that, if the intentions of the Government +were as good as they desire them to be thought, firstly, they should +not object to have the conditions permanently established and not +leave them liable to alteration at the sweet will of the +Superintendent, as they are to-day; and secondly, as there has been +nothing to hinder the carrying out of benevolent intentions--had they +existed--there is no reason why there should be five or six thousand +Uitlander children without any facilities for education in their own +language except such as are provided by private enterprise or +charity. And this is so; notwithstanding the expenditure by the State +of nearly a quarter of a million per annum, ostensibly upon +education, nine-tenths of which sum is contributed by the Uitlander +population. + +The spirit in which the State aid is given and the aim which the +Government have in view are entirely revealed in the conditions, a +brief reference to which will be sufficient. + +The Government capitation grant of L4 per annum may be earned on the +conditions:-- + +(a) That the child be over six years of age. + +(b) That it shall have a sufficient knowledge of the Dutch language +and South African history. + +(c) That it be not the child of Dutch or Hollander parents. + +(d) That a qualified Dutch teacher must be retained by the school. + +The first condition excludes all the children of the kindergarten +schools, and also a class who form a considerable percentage in the +elementary schools. The third condition excludes all those who have +in early years any chance of satisfying the inspectors under the +second condition. Obviously the amount earned by the few who would +satisfy all the conditions could not possibly pay for the salary of +a Dutch teacher. It was an actual experience in several schools that +the acceptance of State aid involved a direct loss; a good example of +the 'something for nothing' policy. + +English is permitted to be the medium of instruction in Government +schools on the conditions, among others-- + +That Dutch be taught for one hour a day during the first year, two +hours a day during the second year, three hours a day during the +third year; and that in the fourth year Dutch shall become the sole +medium of instruction. + +The characteristic trickery and cunning which mark so many of the +Boer-Hollander enactments are again apparent here. The proposal is +made to appear reasonable, but it is clearly impossible for a child +to attain within the time named such proficiency in a foreign +language as to be able to receive all instruction in it. The effect +and the design are to place English-speaking children at a grave +disadvantage compared with Dutch-speaking children; either they would +have to devote a great deal more time to the study of Dutch in the +first three years so as to be able to receive all instruction in that +tongue, or they would suffer in the higher standards through their +imperfect knowledge of the medium of instruction. It was not to be +supposed that the Uitlanders, after an experience extending over a +decade and a half of all sorts of promises, not one of which had been +kept in the spirit in which it was intended to be construed, would +consent to abandon their scheme at the behest of Dr. Mansvelt and the +misguided few who judged his proposals by appearances. President +Kruger speaking at Rustenburg as lately as March last laid particular +emphasis upon the stipulation in the Law that in the fourth year +Dutch should be the sole medium of instruction, and explained that +his determination was to make Dutch the dominant language. + +In the month of February the Transvaal Government received a dispatch +from her Majesty's Government with reference to the dynamite +concession. It referred to the announcement already recorded, that in +the course of the coming session of the Raad a proposal would be +submitted for the extension of the monopoly for fifteen years. +Mr. Chamberlain pointed out that her Majesty's Government were +advised that the dynamite monopoly in its present form constitutes a +breach of the Convention; he expressed the hope that the Transvaal +Government might see its way voluntarily either to cancel the +monopoly or to so amend it as to make it in the true sense a State +monopoly operating for the benefit of the State; and he suggested +that in any case no attempt should be made to extend the present +concession, as such a proposal would compel her Majesty's Government +to take steps which they had hitherto abstained from taking in the +hope and belief that the Transvaal Government would itself deal +satisfactorily with the matter. It was with this despatch, so to say +in his pocket, that the President introduced and endeavoured to force +through the Raad the proposal to grant a fifteen years' extension of +the monopoly. + +That representations had been made by the British Government on the +subject of the dynamite monopoly, had been known for some time before +the Peace Negotiations (as they have been called) between the +Government and the Capitalists were proposed. On February 27{49} Mr. +Edouard Lippert, the original dynamite concessionaire, who it was +known would receive the further sum of L150,000 if the monopoly +remained uncancelled for five years, opened negotiations on behalf of +the Government with certain representatives of the capitalist groups +on the Rand; and it was immediately seen that the main--one might +almost say sole--object of the negotiations was to safeguard the +dynamite monopoly. The Government had, in fact, been placed in a very +awkward position. One of the excuses for not expropriating the +monopoly had been that the State had not been successful in raising a +loan. In order to deal with this objection the Chamber of Mines had, +in the month of February, 1899, made an offer, guaranteed by all the +principal firms on the Rand, to provide the sum of L600,000 to +compensate the monopolists for their actual expenditure up to date +upon buildings, plant, machinery, &c., so that there should be no +semblance of injustice in the treatment meted out to them. The +conditions of the offer were that the dynamite monopoly should be +cancelled and importation of explosives permitted under an import +duty which would give the State a very large revenue at once and +which in the course of a few years would provide a sinking fund +sufficient to extinguish the loan of L600,000. The offer was so +favourable to the State that it placed the Government in a +quandary.{50} The attitude of the Volksraad, too, was distinctly +hostile to the dynamite monopoly; and on top of all came the +representations of the Imperial Government upon the subject. It +became necessary to do something to save the threatened +'cornerstone'; hence the Peace negotiations between the Government +and the capitalists. + +This was another and one of the clearest examples of the 'something +for nothing' policy, for it will be observed that of all the things +mentioned dynamite alone was the matter to be definitely settled--and +that to the satisfaction of Mr. Kruger. Long years of experience +had taught the Uitlanders to examine any proposals coming from the +Government with the utmost care; and the representatives of the +mining industry were soon of one mind in regarding these negotiations +as nothing but a trap. + +Of the five men who represented the Government, viz., the President, +the State Secretary (Mr. Reitz), the State Attorney (Mr. Smuts), the +Foreign Plenipotentiary (Dr. Leyds), and the 'disinterested +intermediary,' Mr. Lippert, it was easy enough to account for three. +The President had frequently pledged himself to maintain the +monopoly, and always referred to it as the corner-stone of the +independence. Dr. Leyds had chosen to associate himself with the +defence of the concessionaires upon all occasions, and had even gone +so far, as evidence given at the Industrial Commission showed, as to +misrepresent the facts in their defence. The difficulty was how to +explain the association of the State Attorney and State Secretary, in +whose good intentions and integrity there was a general belief. The +solution was to be found in the illusory promises of reform under the +heading of franchise and reorganization of the finances and other +matters. These proposals, it was believed by Mr. Kruger and his +party, would secure the support of the two above-named officials, as +well as entice the capitalists into the trap set for them. But there +were other points of advantage for Mr. Kruger. The whole scheme was +in accordance with the _divide et impera_ policy. The first +impression, if the scheme were accepted, would be that the +capitalists had secured something for themselves by bartering away +the rights of the public; so there would have been a division in +Johannesburg. Another effect to be brought about by the proposed +action regarding the Indians would have been to divide the Uitlanders +from the Imperial Government, and the net result of it all would have +been that neither the public nor the capitalists would have got +anything but illusory promises and Mr. Kruger would have secured his +dynamite; for had he been able to extract from the Industry an +expression of approval or acquiescence, it would have given him his +majority in the Volksraad in favour of the monopoly. + +The following is the correspondence which passed:-- + + JOHANNESBURG, S.A.R., + _27th March, 1899._ + +_To the Honourable the State Secretary, Pretoria._ + +HONOURABLE SIR, + +Before communicating to you and the representatives of the Government +whom we met the expression of our opinion and that of our London +friends on the proposals submitted to us by Mr. Lippert on behalf of +the Government of the S.A.R., we deem it advisable to recite shortly +how we have arrived at the present position. + +On the 27th of February Mr. E. Lippert called together Messrs. A. +Brakhan, E. Birkenruth, and G. Rouliot, to whom he submitted a +certain programme concerning the settlement of some pending questions +forming the subject of grave differences between the Government of +the S.A.R., on the one part, and the whole Uitlander population and +the mining industry on the other part, with a view to ascertain +whether these gentlemen were willing to open negotiations on the +basis suggested, in order to try to come to a settlement. Upon the +affirmative answer of these gentlemen, Mr. Lippert obtained an equal +expression of approval from Dr. Leyds, the State Secretary, the State +Attorney, and also of President Kruger. The preliminary programme at +Mr. Lippert's request was then communicated by cable to our London +friends. Upon receipt of a reply to the effect that our London +friends were in favour of any arrangement which would produce harmony +and secure administrative and financial reform, which was +communicated to Mr. E. Lippert, a meeting was arranged with Dr. +Leyds, Messrs. Reitz, Smuts, and Lippert, as representing the +Government, on the 9th of March; but as Messrs. Brakhan, Birkenruth, +and Rouliot had repeatedly mentioned that they did not consider +themselves qualified to discuss matters on behalf of the general body +of Uitlanders, and seeing that the programme submitted was to be +considered as a whole, and either adopted or rejected as such, +therefore it would be necessary to obtain the views, on the franchise +question, of prominent citizens more able to express the wishes of +Uitlanders on this subject; Mr. Lippert, on behalf of the Government, +invited in addition Messrs. Pierce and Pistorious to be present at +the meeting. + +At this meeting several points were discussed, but as no definite +proposal regarding franchise could be submitted, no decision was +arrived at, it being made clear, however, that this was only a +preliminary conversation with the object of exchanging views, and +that in any case the opinion of the Uitlander population, and also +that of our friends in Europe, would have to be fully ascertained. + +On the 12th instant, at the request of Mr. Lippert, Messrs. Brakhan, +Birkenruth, Rouliot, Pierce, Pistorious and Fitzpatrick met, and Mr. +Lippert communicated to us the definite proposals of the S.A.R. +Government, which were duly cabled the same day to our friends, +requesting a reply before the end of the week, as the Government +would have to submit the whole matter to the Raad, and we were +requested to sign an agreement with the Government, and a declaration +binding on ourselves and our London friends. + +Their answer, suggesting a further conference with Dr. Leyds in +London, was duly communicated to his Honour the State President. His +Honour's reply, stating that the exchange of views had better take +place here, was communicated to our European friends. + +Now they have cabled us a full _precis_ of the proceedings and +resolutions passed at the meeting held in London on the 16th +instant, and the following is therefore the expression of our opinion +as well as that of our European friends, upon the subjects which have +already been discussed between the representatives of the S.A.R. +Government, and ourselves. + +It having been stipulated by the Government that the various matters +herein dealt with shall be taken as parts of one whole plan, we have +bowed to that decision, and we beg now to reply under the various +heads on the understanding that no one portion may be judged as apart +from the whole. + +BEWAARPLAATSEN. + +In furtherance of the general settlement, those of us directly +concerned in the mining industry would be prepared to recommend a +modification of the claims of the surface holder and a final +settlement of the question on the lines suggested as preferable to +the continued uncertainty, on the understanding that the basis for +valuation should be arrived at by fixing, after consultation, a +maximum price upon the best situated bewaarplaatsen or water-right, +and that the price of all other mining rights under bewaarplaatsen, +machine stands or water-rights be valued by competent engineers on +the basis and in relation to the above maximum value, taking into +consideration the comparative value of the outcrop claims and the +diminishing value in depth; the surface holder having the preferent +right to acquire the undermining rights at the price thus arrived at. + +FINANCIER AND AUDITOR. + +The appointment of a suitable man with efficient control and assured +status would undoubtedly meet one of the most serious of the +grievances, and would be universally accepted as satisfactory. The +financier, in order to enjoy the confidence of all concerned, and +with a view to avoid as far as possible ulterior discussion of his +recommendations, should be approved of by some person belonging to a +firm of well-known independent standing, such as Lord Rothschild, for +instance. The financier to be a member of the Executive Council, and +to formulate and approve every scheme of taxation should further or +other taxation become necessary. + +LOAN. + +Any loan offered at reasonable rates and approved by the Finance +Minister for the common good would undoubtedly receive our support; +we understanding, on the other hand, that no new taxation will be +imposed on the general population or the mining industry pending the +appointment of the financier. + +PRESS AGITATION. + +There having been, as far as we know, no organized press agitation, +it is impossible for us to deal with this matter, but it is clear +that the criticism which has been provoked by a certain condition of +affairs here would necessarily cease upon the causes of complaint +being removed, and we would be prepared, in case of our coming to a +settlement with the Government, to declare that the solution of the +questions arrived at meets with our approval as a whole, so as to +discourage further agitation in newspapers on these subjects. + +POLITICAL ORGANIZATIONS. + +We shall at all times be willing to publicly discourage and repudiate +any political organization having for its object the stirring up of +strife or promoting dissension between the different nationalities +inhabiting this State, and we would and will in any case do this +freely and upon principle, and entirely apart from other +considerations connected with this Conference, but it should be +clearly understood that this declaration must not be construed as +repudiating or deprecating any legitimate representations which the +community or any section of them may see fit to make in matters which +concern them as inhabitants of this State. + +COOLIE QUESTION. + +We well appreciate the dangers of uncontrolled, indiscriminate +immigration of the lower class Indians, Chinese, and other coloured +races, and the necessity for provision for sanitary control, and +shall be most willing to aid the Government in the above objects; but +we consider it impossible for us to intervene in this matter, which +is governed by the London Convention with the British Government. We +suggest that for the purpose of guarding against the dangers above +referred to, this matter be explained to the Imperial Government as +part of the whole scheme for the settlement of differences, and claim +therefore an especially favourable consideration, for, in the success +of this scheme, all who desire peace and prosperity in this country +must be deeply concerned and willing to co-operate on generous lines. +We suggest that this representation be made in such manner as may be +deemed less calculated to provoke unfavourable comment, or offend +susceptibilities in any quarter, and that the suggestion be viewed by +all parties in its true proportions as one part of the whole scheme +of settlement. Unless so viewed we should be unable to put ourselves +forward in a matter at issue between the two Governments, nor of +course could the proposals of the Government be taken to suggest +this. + +DYNAMITE. + +With the principle of granting a monopoly to individuals, agencies, +or corporations it is impossible for us to agree, and whatever +arrangement be effected, we should have to make it clear that in this +instance we are viewing the question solely as a burden--a tax which +the mines are asked to definitely accept in order that an +amelioration of the general conditions affecting the whole Uitlander +population may be secured. + +The difference between the cost at which dynamite could be imported +(exclusive of Transvaal duty) and the price we are now compelled to +pay amounts to over L600,000 per annum on the present rate of +consumption, a sum which will increase steadily and largely in the +immediate future. + +Whether the mining industry should voluntarily accept such an immense +burden as a set-off against terms which, whilst they would doubtless +eventually favourably affect the industry, are in their immediate +effects designed to satisfy the Uitlander population in their +personal rights as distinct from the mining industry as a business, +is a matter which would in the first place have to be submitted to +the recognized elected representatives of the mining industry, and +would in the second place depend upon whether the people in whose +interest such sacrifice is required would accept the terms which the +Government would be willing to concede as satisfying their reasonable +aspirations. + +It is also a matter of grave and general concern that a sum so +enormous, when compared with the revenue requirements of the State, +should be taken annually from the mines with little, if any, benefit +to the country, when it might be utilized in part or entirely in +supplementing the State revenue, and thus afford relief in other +directions to every taxpayer in the country. + +Notwithstanding the above considerations, however, we feel that a +great monetary sacrifice might be made to secure a peaceful and +permanent solution of vexed questions, and that the subject of +dynamite should be submitted to the Chamber of Mines and discussed in +that spirit. + +Whilst we are willing, in order to bring about a general settlement +of all pending questions, to recommend such a heavy sacrifice to be +made, and adopt the proposal made by the Government, it would be a +condition that there shall not be any extension of the concession, +and that the terms of the contract shall be rigidly enforced; that +the Dynamite Company shall reduce the price of dynamite to 70s. per +case, giving to the Government the 5s. per case and the share of the +profits to which it is entitled; and that at the end of the present +agency the factory shall be taken over at a valuation which shall not +include compensation for goodwill or for loss of future business. + +FRANCHISE. + +This is the vital point upon which a permanent and peaceful +settlement must hinge, and if a satisfactory solution can be arrived +at on this point, as well as on the others raised, we shall be +prepared to recommend to the Industry to make the sacrifices involved +in accepting the Government proposals. + +We note that-- + +_(a)_ the proposals do not include a substantial recognition of past +residence; + +_(b)_ that the period is seven years; + +_(c)_ that it is proposed that those who acquire citizenship under +the law, if changed as proposed, shall not have the vote for the +office of President, and that the oath of allegiance would be +required seven years before the acquisition of limited burgher +rights; + +_(d)_ that the proposed new law would have to be published for a year +and receive the assent of two-thirds of the enfranchised burghers of +the Republic. + +Whilst declaring ourselves willing to accept and recommend the +acceptance of any fair scheme on constitutional reforms, we consider +that such a scheme must first be laid before, and approved by, the +unenfranchised community, as the rights, liberties, and privileges of +the community would depend absolutely on the nature of the reform. + +We have repeated on many occasions that business houses are not +qualified to discuss this question on behalf of the general body of +Uitlanders, and that we would not presume that we were appointed by +the whole community to discuss it on their behalf. It will therefore +be necessary to find means to bring the whole question before those +directly affected, who are the only ones entitled to finally dispose +of the matter, their acquiescence to the scheme having to be first +obtained before we recommend the sacrifices which we contemplate in +order to ensure a general permanent and peaceful settlement. + +For your guidance we enclose an expression of opinion which has been +furnished to us by some of the most prominent Uitlanders, and +places before you the views of a very large and influential section +of the community. + +The above subjects are only those which have been discussed between +the Government representatives and ourselves, but, in order to arrive +at a final permanent settlement, we think that we ought to endeavour +to remove all other causes of disagreement, and treat as well several +other important questions left untouched; and we would beg that the +Government will take the necessary steps, as far as lies in their +power, to assist the industry by bringing native labourers to the +goldfields, and to this end will be willing to confer with the +Chamber of Mines as to the best means to be adopted; that the law +relating to the sale of intoxicating liquor at present in force shall +be maintained and strictly enforced. We may further state that we +have every confidence in the probity and honour of the Judges of the +S.A.R., and wish to place on record our desire that the independence +of the Bench should be assured and maintained inviolate in the +highest interests of all the inhabitants of the Republic. + +We enclose copy of the cable which we sent, embodying the proposals +of the Government of the S.A.R. as communicated to us by Mr. Lippert, +and copy of the _precis_ and resolution passed at the meeting held in +London, when the above cable was considered. + +This letter conveys to you our opinion as well as that of our friends +in Europe, and we should be most happy to arrange a meeting with you +and any other representatives of the Government to consider and +discuss the points contained therein. + +We beg to assure you once more that we, as well as our European +friends, are most sincerely desirous to arrive at a satisfactory +settlement, securing a peaceful future and promoting the welfare of +the country and the people, and trust that you will regard the +expression of our opinion in that light. + + + We remain, honourable Sir, + Yours obediently, + G. ROULIOT. + H.F.E. PISTORIUS. + E. BIRKENRUTH. + JOHN M. PIERCE. + A. BRAKHAN + +The foregoing embodies our views as well as that of our London +houses. + + (Signed) J.G. HAMILTON. + W. DALRYMPLE. + +The following memorandum--the one referred to in the above +letter--was prepared by well-known Uitlanders whom the Government, +owing to the refusal of the capitalists to deal with the franchise, +had been obliged to select in order to get some pronouncement upon +that question. The little ironies of life have two properties: the +humour for the winner, and the hurt for the worsted. The Uitlanders +had for three years enjoyed a singularly monotonous experience in +ironies, but a turning came in the long lane when it became necessary +for the President to suspend the operation of his three years' ban +on two of the Reformers in order to get their advice upon the +franchise question. + + JOHANNESBURG, S.A.R., + _24th March, 1899._ + +GENTLEMEN, + +In response to the invitation from the Government of the South +African Republic conveyed to us by Mr. E. Lippert, we beg to submit +the enclosed memorandum upon the franchise question. + + Yours faithfully, + J. PERCY FITZPATRICK. + H.C. HULL. + W. DALRYMPLE. + W.A. MARTIN. + THOS. MACKENZIE. + R. STORE. + J.G. HAMILTON. + T.J. BRITTEN. + H.R. SKINNER. + + _To Messrs. G. Rouliot, + E. Birkenruth, + A. Brakhan, + J.M. Pierce, + H.F.E. Pistorius + Johannesburg_. + + +MEMORANDUM _RE_ FRANCHISE. + +After such investigation as the restrictions imposed have permitted, +we are of opinion that it would be quite useless to approach the +Uitlander population with the Government proposal in its present +form, chiefly for the following reasons:-- + +1. No consideration is given to the term of residence already +completed. + +2. The alteration of the franchise law according to lately prescribed +procedure, whereby two-thirds of the burghers must signify approval, +is a practical impossibility,--witness the fact that at the last +Presidential election, surpassing in excitement and interest all +other occasions of general voting, with the three recognized leaders +in the field, and every agency at work to stimulate activity, less +than two-thirds of the burghers on the register recorded their votes. + +3. The present form of oath would be regarded as humiliating and +unnecessary, in support of which view we instance that quite recently +the Volksraad of the Orange Free State rejected upon the same grounds +the proposed introduction of the same oath of allegiance. + +4. The period of disqualification, during which the Uitlander would +have given up his own citizenship by naturalizing and have acquired +nothing in return, would be found most objectionable--especially +with the experience that rights have in the past been legislated away +as they were on the point of maturing. + +5. In view of the unique conditions of this country, extension of the +franchise without some approach to equitable redistribution of +representatives would be regarded as no solution of the question and +might even provoke doubts as to the _bona fides_ of the proposal, +which would be a deplorable beginning, yet one easily to be avoided. + +Regard being had to the points raised in paragraphs 1, 2, 3, and 4, +we consider that as restrictive franchise legislation, apparently +designed to exclude for ever the great bulk of the Uitlander +population, dates its beginning from the Session of 1890, and as the +various enactments bearing upon this question have been passed by +successive Volksraads exercising their power to alter, add to, or +revoke, previous enactments, and as the same powers are to the full +enjoyed by the present Volksraad, it would be both possible and +proper for the present Volksraad to annul all the legislation upon +this subject from that date, and to restore and confirm the status +prior to 1890, and thus satisfy the indisputable claims of those who +settled in this country under certain conditions from the benefits of +which they could not properly be excluded. + +With regard to paragraph 5, a moderate proposal designed to give a +more equitable distribution of representatives in the Volksraad would +be necessary. + +The above suggestions are not put forward as the irreducible minimum, +nor are they designed for public use, nor intended as a proposal +acceptable to the eye but impossible in fact, and thus sure of +rejection. They are put forward in good faith as indicating in our +opinion the lines upon which it would be possible to work towards a +settlement with a reasonable prospect of success. + +If the difficulties appear great the more reason there is not to put +forward an unalterable proposal foredoomed to failure, but rather to +try and find points of agreement which, however few and small to +begin with, would surely make for eventual and complete settlement. +In any case it is clear that the mere fact of a proposal to extend +the franchise having been made by the Government, thus frankly +recognizing the need to deal with the subject, will be hailed as a +good omen and a good beginning by all fair-minded men. + +The determination of the negotiators to have the position clearly +stated in writing, and their fear that the use of intermediaries +would end in the usual unhappy and unpleasant result--namely, +repudiation of the intermediary in part or entirely--were not long +wanting justification. The following is a translation of Mr. F.W. +Reitz's reply:-- + + PRETORIA, _8th April, 1899._ + +_Messrs. G. Rouliot, H.F.E. Pistorius, A. Brakhan, E. Birkenruth, +and John M. Pierce, Johannesburg_. + +DEAR SIRS, + +I have the honour to acknowledge receipt of your letter dated 27th +March last, referring to certain proposals to the Government from +representatives of the mining industry. + +In order to understand the natural position it is necessary to state +the facts more extensively than given in your letter. + +It is wrong to say, as you do in the first paragraph of your +communication, that Mr. Lippert came to you with certain proposals +from the Government. + +It appears also from the second paragraph of the same that Mr. +Lippert came to you _suo motu_ with the object, as he informed me +afterwards, to see 'if it was not possible to obtain a better +understanding between the Government on the one side and the mining +industry on the other.' He acted in no wise as the agent of the +Government, or in the name of the Government, to make any proposals +to you, but only as a friendly mediator to see how far unnecessary +differences and misunderstandings could be removed. + +When Mr. Lippert came to Dr. Leyds and myself, and informed us that +you and other gentlemen were agreeable to his mediation, we at once +agreed with his plan, being aware that there was a warm desire and +continued struggle on the part of this Government to remove out of +the way all friction and trouble, and that in this case especially it +was our object to leave no stone unturned to get all differences +settled. We were the more anxious to meet you, because his Honour the +State President had decided to lay before the Volksraad certain +proposals of law, which are of great importance not only for the +people of the Republic, but especially for the mining population and +industry. We gave Mr. Lippert to understand that should the leaders +of the mining industry have no objection to his mediation, we would +not be unwilling to make use of his good services in this matter. + +Mr. Lippert then went to Johannesburg, and returned to us with the +assurance that there was no objection to his acting as mediator, and +gave us some of the subjects on which it appeared to him that it was +possible to arrive at a friendly understanding. + +In consequence of this, and acting on our own initiative, and not as +representatives of the Government, Dr. Leyds, Mr. Smuts, and myself, +met some of your leading men, as set forth in your letter. + +At this meeting we informed you of the intention of the President to +alter certain laws for the general good. Only with reference to the +franchise we gave you no definite proposal, the matter being then +still under consideration. From your side we requested only a more +friendly attitude from the Press, as we were convinced that the +excessive Press campaign carried on by the newspapers, which are +generally considered to be owned by you, or influenced by you, +however much they may forward certain interests, still, in the end, +did infinite harm to the existing interests of all sections of the +population. Through the continual and incessant agitation and +creation of suspicion on the part of the papers, the public mind was +constantly in a state of insecurity, and the fanning of the race +hatred made it impossible for the Government as well as the +legislature to improve the relations between the so-called Uitlanders +and the old population. + +We requested your friendly assistance also in the settlement of the +coolie question, not because we wanted to cause friction between you +and other foreign governments, but only because the policy which +refers to the native and coloured questions is of the utmost +importance to South Africa. + +Mr. Lippert had in his programme the granting of a promise on your +side that you would support the Government in the obtaining of a loan +which the Government may deem necessary, and that you should bind +yourselves in writing to abstain from all political organizations +inimical to the Government. + +These matters we did not discuss, as we considered them unnecessary +and inadvisable. From your side you deemed it necessary, before +answering us, first to receive the instructions of your foreign +principals. Before you could give us the result the President +explained his intentions at Heidelberg, and afterwards at Rustenburg +and Johannesburg. + +Your letter, now under consideration, contains practically a definite +answer to our communication to you. I shall now consider the points +of your answer separately. + +BEWAARPLAATSEN. + +With reference to this matter, we think that the undermining rights +under bewaarplaatsen, machine stands, and water-rights should be +valued on a reasonable basis, independently by the Government, and by +the owner of the surface rights (should there be a difference which +cannot be settled amicably, then the value can be fixed by +arbitration), and that the surface owner shall have the preferent +right to purchase the affected under-mining right at such a +valuation. From your communication I understand that you suggest a +special method of valuation. That is a detail which can be settled +when the valuation is actually commenced, and which experts are +better able to judge over than I am. Therefore I shall say no more on +this subject. + +FINANCIER AND AUDITOR. + +On this subject our opinion was that the auditor should be +independent of the Government, and alone responsible to the Volksraad +to appoint as financier a man of standing, with a seat in the +Executive Council, to advise on all matters affecting finances. + +I am glad to see that you are with us, and that it gives you great +satisfaction. I must express my surprise, however, over your proposal +that previous to the appointment this Government must first get the +approval of Lord Rothschild or any other capitalist. I can only +answer that it is in no wise the intention of the Government to frame +the future financial policy of this State on a capitalistic basis, +and thus your request cannot be agreed to. It is quite possible to +make such an appointment which will carry general approval without +being subjected to such a mutual condition. + +LOAN, PRESS AGITATION, POLITICAL ORGANIZATION. + +With reference to these matters, I have already made it plain to you +that in following the proposals of Mr. Lippert by cabling to your +principals, you acted under a misunderstanding. We requested no +binding declaration from you, only a moral understanding, which would +be easy for you to maintain, if it was in the interests of the +Uitlanders as well as the burghers of the Republic. I regret that the +mistake has arisen, otherwise I cannot see that any objection can +come from your side to approve of the plans of the President. + +DYNAMITE. + +On this question there is a small difference between the proposed +policy of the President and your answer. + +I only wish to add that his Honour goes further than you do, as he +has declared his readiness to expropriate the Dynamite Company, under +agreement with its representatives, as soon as possible. If the +expropriation takes place after the expiration of the present +concession then it will naturally not be on the basis of a going +concern. + +FRANCHISE. + +On this subject I can well understand that you do not wish to take +upon your shoulders the responsibility of speaking and acting for the +whole of the new population. It was more your personal opinions as +men of position that we wished to know. Then again, according to your +assurance at the aforementioned meeting, you do not take any personal +interest in the franchise question, and that you would rather leave +the question to the public; your answer is therefore perfectly fair. +His Honour has therefore already acted in accordance with your idea, +for he has brought the question of the franchise very prominently +before the public, not only at Heidelberg and Rustenburg, but also at +Johannesburg. + +In conclusion, I wish to refer to one matter which has caused me much +pain. It was clearly and distinctly agreed and understood by you all +as well as by us that both sides would treat this matter as +confidential and secret, as discussions of such important matters +cannot be carried on with any results on the tops of houses. What has +happened? On the 28th of March I received your letter, and on the 3rd +of April, whilst I was yet giving it earnest consideration and had +taken all the measures to keep it secret, the contents of the same +appeared in the London _Times_, while some days later your answer +appeared in full in the _Cape Times_, the _Diamond Fields +Advertiser_, and other papers under the influence of the capitalists. +The manner in which these papers favourable to you, or controlled by +you, have dealt with me in this matter has caused me (I admit it with +regret) to doubt for one moment your good faith. Thinking, however, +of the great interest as it were in the balance, and believing, +moreover, that you never for private or party purposes intended to +play with the true and lasting interests of all sections of the +community, I cannot help thinking that the reply has been published +through one of your subordinates, and regret that the publication has +not been immediately repudiated by you publicly as a grave breach of +faith. I would regret it, while there exists so few points of +difference between us, that these things should bar the way through +careless and wrong tactics to a permanent understanding, and trust +that the hand extended to the Industry in absolute good faith will +not be slighted purposely and wilfully. Owing to the publication of +your reply, there exists no further reason for secrecy, and I shall +hand my reply to the press. + + Your obedient servant, + F.W. REITZ, + _State Secretary_. + +The repudiation of Mr. Lippert's "official" character; the contention +that the State Secretary, State Attorney, and Dr. Leyds could divest +themselves of all responsibility in negotiations such as these, and +claim to have been acting in their private capacity only; and the +extraordinary anxiety to keep secret matters which deeply affected +the public, and to the settlement of which the Government designed +that the public should be committed, compelled the negotiators to +produce evidence that the statements and conclusions of the +Government were not warranted by the facts. The following letter, +which was formally acknowledged but never answered, practically +concluded the negotiations:-- + + JOHANNESBURG, S.A.R., _April 14, 1899._ + +_To the Honourable the State Secretary, Pretoria._ + +HONOURABLE SIR,-- + +We have the honour to acknowledge the receipt of your communication +of the 8th April, 1899. + +Certain of our statements being doubted and described as erroneous in +your letter, we deem it advisable to go more fully into the facts +which have preceded and led to this correspondence. + +It may be that communications exchanged through an intermediary have +been transmitted in a manner liable to convey a different impression +from what was actually meant, and in order to clear any possible +misunderstanding, we beg to enclose copies of all documents supplied +to us by Mr. Lippert, whom we, at all times, considered as your +authorized agent. + +From these it will be apparent that during the negotiations we acted +in perfect good faith, communicating and discussing what we justly +considered were the wishes and proposals of the Government, and it +will also be clear to you that every one of our statements is based +on documents which we had every reason to believe were approved of by +the Government. + +On February 27th Mr. Lippert called together Messrs. E. Birkenruth, +A. Brakhan, and G. Rouliot, to whom he stated that a settlement of +certain pending questions could probably be arrived at. He said that +he had ascertained the views of Dr. Leyds, Messrs. Reitz and Smuts, +who had agreed to a certain programme, and he wanted to know whether +we would be willing to open negotiations on that basis, in which case +the three officials mentioned would see the State President and +ascertain whether he would be prepared to adopt their views. + +If the State President's approval could be obtained, Mr. Lippert +suggested that a conference should be held to discuss the subjects +mentioned in his memorandum. + +This memorandum (Annexure 'A'), as explained to us by Mr. Lippert, +enumerates under Clauses 1 to 5 inclusive the points which the +Government expected us to concede, and the other clauses are what the +Government proposed doing in return. + +We were then informed that the programme must be considered as a +whole, and either adopted or rejected as such, no question being +considered separately, and that the matter must be kept absolutely +secret. + +Upon our statement that we personally would be willing to open +negotiations on the basis suggested, Mr. Lippert went to Pretoria and +informed the high officials above-named. + +On March 1st Mr. Lippert informed us that the State President was +viewing the matter favourably, and requested us to acquaint our +friends by cable. + +Our replies having been communicated to Mr. Lippert, a meeting was +arranged on March 9th, as recited in our previous letter, at which, +Mr. Lippert informed us, no new subject outside of those mentioned in +his memorandum could be discussed. + +Messrs. Pistorius and Pierce, being invited by Mr. Lippert to attend +the meeting, were each supplied by him with a list of the questions +to be discussed, forming part of the proposed settlement (Annexure +'B'). + +On March 12th Mr. Lippert communicated to us what he termed the +definite proposals of the Government of the S.A.R., which were duly +cabled to our friends in Europe (a copy of this cable has already +been sent to you). + +He also read to us the declaration, which he suggested we should sign +on behalf of ourselves and our European friends (Annexure 'C'). + +A speedy reply to our cable was asked for, as Mr. Lippert had +informed us that, if any settlement could be arrived at, the +agreement had to be submitted to the Honourable the First Volksraad +before the closing of the extraordinary session which was drawing +near. + +We beg to point out to you that by cabling these proposals to Europe, +we could not possibly conceive that we were acting under a +misconception, as the day on which they were made to us, the 12th of +March, being a Sunday, the Telegraph Office was specially kept +open for the purpose of dispatching the cables, which were duly +received and forwarded upon production of an order from Mr. Lippert. + +In our letter of March 17th to his Honour the State President, +conveying the nature of our friends' reply, we mentioned the fact +that the communication made to us by Mr. Lippert on behalf of the +Government had been fully cabled; we stated that our friends no doubt +based their suggestion to further discuss the whole of the proposals +with Dr. Leyds upon the fact that the Government had stipulated that +they should become parties to the proposed settlement. + +In your reply of March 18th, no exception is taken to these +statements; you tell us, on behalf of his Honour the State President, +'that the exchange of views can best take place direct with the +Government, and here, within the Republic,' pointing out the fact +'that the session of the Volksraad was close at hand, and that +therefore further delay is undesirable.' + +You will thus see that we were perfectly justified in thinking that +the communications made to our European friends, embodied the +proposals of the Government of the South African Republic, were +cabled with the knowledge and approval of the Government, and that +we were requested to sign a declaration on behalf of ourselves and +our friends, which declaration had to be made public. + +Our letter of the 27th March conveyed to you our opinion and that of +our friends, upon the subjects comprised in the programme which was +submitted to us, and it is unnecessary to go over them in detail +again. We beg only to offer a few remarks upon certain points raised +in your letter of 8th April:--Bewaarplaatsen: We suggest a basis for +the valuation of bewaarplaatsen, machine stands, and water-rights, +which in our opinion ought to be adopted, in order to have a uniform +and easy method of valuing these places. + +Financier: Being fully aware of the complexity of financial problems +and questions of taxation in this State, we are anxious that the +financier appointed should be of such a standing as to command the +confidence of all, so that his recommendations cannot raise any +ulterior discussion. For that reason we expressed the opinion that, +before making the appointment, the Government should be guided in its +choice by someone belonging to a firm of well-known independent +standing. We have no desire to see this Government base its future +financial policy on any particular line, in the interest of, or +directed against, any special section of the people. We only wish to +see the financial policy established on sound recognized economic +principles, with fair and equitable taxation calculated according to +the proper requirements of the State. + +Press Agitation--Political Organizations: We have already informed +you, that so far as we know, there has been no organized press +agitation, and that we should be willing at all times to deprecate +the stirring up of strife between nationalities caused by any agency +whatsoever. We consider it desirable to see that feeling more +general, as we are convinced that exaggerated press campaigns +conducted by newspapers generally reported to be influenced by the +Government, and tending to create dissension amongst the various +classes of the community, are calculated to cause an infinite amount +of harm to the vested interests of all sections of the population. + +Dynamite: In your letter of the 8th April, you appear to have lost +sight of the fact that the proposed settlement was submitted to us as +a whole. Mr. Lippert made it clear that, in consideration of the +Government granting the measures enumerated in his memorandum, it was +expected that we should abandon our present contentions, and declare +ourselves satisfied with the settlement proposed by the Government. +Under ordinary circumstances this would be far from meeting our +desires, but we intimated to you that we should be willing to +recommend to the mining industry the adoption of the proposals made +to us on this subject, if by so doing we could promote a permanent +satisfactory solution of all pending questions. + +In conclusion, we beg to refer to the publication of our previous +letter to you. It took place here on the 6th inst., in the afternoon; +we immediately instituted an inquiry, and on the 8th inst., in the +morning, we wrote that we were in a position to assure you that we +could in no way be held responsible for the publication. We never for +a moment doubted your good faith, nor that of the other gentlemen for +whom the letter was meant, but thought that possibly the +communication could have been made through one of your subordinates. +However, not being certain of the fact, we merely repudiated any +responsibility on our part, and regret that you should have publicly +laid the blame on our side, without having communicated with us, +asking for an explanation, if you had any suspicion. + +We beg to assure you that we are as willing as ever to co-operate +with you in arriving at a settlement of all pending differences in +order to secure peace and prosperity in this country, and we shall be +ready at all times to meet and discuss with you, or any other +delegates of the Government, any matter likely to bring about a +speedy and permanent solution of all questions, still bearing in mind +what we mentioned in our previous correspondence, that we are not +qualified to speak on behalf of the whole community. + +As you have informed us that you have no objection to it, we shall +give a copy of this letter to the press. + +We have the honour to be, honourable Sir, + + + Your obedient servants, + G. ROULIOT, + JOHN M. PIERCE, + A. BRAKHAN, + E. BIRKENRUTH. + +(Mr. Pistorius, being absent from town, could not sign this letter.) + + +ANNEXURE 'A' + +MR. E. LIPPERT'S MEMORANDUM. + +1. Cessation of press agitation here and in Europe. + +2. Support on the coolie question. + +3. Settlement of the dynamite question. + +4. Loan (if required). + +5. Severance from the S. A. League. + +6. Appointment of State Financier and State Auditor, of European +reputation, with a seat and vote on the Executive in all questions of +finance. + +7. No new taxation of mines until submitted by Minister of +Finance. + +8. Moderate valuation of bewaarplaatsen. + +9. Burgher rights--five years--property test. + + +ANNEXURE 'B.' + +Cessation of press agitation here and in Europe. + +Support to the Government in its treatment of the coolie +question. + +Settlement of the dynamite question. + +Deprecate the objects of the S.A. League. + +Support the placing of a loan if Government wishes it. + +Appointment of a financial adviser to the Government, of European +reputation, and of an Auditor, both with seats and votes in the +Executive Council on all financial matters. (This has been amended by +the Government, so far as the Auditor is concerned, to retain the +present Auditor, and to give him, _re_ dismissal, the same status as +a Judge, and to make him directly responsible to the Volksraad.) + +No fresh taxation to be levied on the mines until the Financial +Adviser has laid his proposals before the Government. + +Sale of the undermining rights to the holders of surface rights +(bewaarplaatsen, &c.), at a moderate valuation. + +Extension of the franchise by granting burgher rights after ... years +of registration, coupled with a property test. + + +ANNEXURE 'C.' + +DRAFT OF DECLARATION TO FOLLOW PROTOCOL EMBODYING THE RESOLUTIONS +AGREED UPON. + +... Thereupon the subscribed parties from Johannesburg, for +themselves, and for the parties they represent here and in Europe, +declared:-- + +'The passing by the Volksraad of the laws to be submitted by the +Government during this session,-- + +'For the appointment during the present year of a Financial Adviser +to the Government, of European reputation, who shall have a seat and +a vote in the Executive Council on all financial matters. + +'For placing the Auditor-General on the same status _re_ dismissal as +the Judges, and for making him responsible directly to the Volksraad, +it being agreed that until such Financial Adviser has laid his budget +proposals before the Government, no fresh taxation shall be laid upon +the mining industry, nor any other direct taxation. + +'For granting the undermining rights under bewaarplaatsen, machine +stands, and water-rights, to the present holders of the licences, +covering such reserved areas at a moderate valuation; such valuation +to be arrived at in the following manner: The Government to appoint a +valuator, with instructions to value these rights at a fair and +moderate valuation, the holder of the surface licence to appoint a +valuator; if they agree, then the surface licence holder shall have +the first right to the undermining rights at such valuation; if the +two valuators cannot agree about a valuation, they shall appoint +together an umpire; if they cannot agree about an umpire, the Chief +justice of the High Court shall be asked to appoint an umpire; the +decision of such umpire shall be final as to the value of the area +under arbitration. If the holder of the surface licence refuses to +purchase at the said valuation, the Government shall be at liberty to +dispose of it elsewhere. + +'For a permanent settlement of the dynamite question on one or the +other bases following, namely, that the _status quo_ remain in force +till the end of the contract period, the Government making use of its +right to revise the prices under the terms of the agreement or that +the Dynamite Company reduce the price by 5s. to 70s. for No. 1 and to +90s. for blasting gelatine, the Government undertaking to take over +the works of the Dynamite Company at the end of the agreement at a +valuation as provided by the offer now before the Volksraad. + +'For an extension of the franchise to all white aliens in this State, +in the following manner: That naturalization be granted to all +seeking it, who have resided in the State for two years and who are +of good behaviour and who have not suffered any dishonourable +sentence by any Court, upon taking the oath of allegiance as +prescribed by the existing law; upon such naturalization he shall be +entitled to elect a member to the Second Volksraad, and two years +after shall be entitled to be elected as a member of the Second +Volksraad. A period of seven years having elapsed after +naturalization, he shall by virtue of that lapse of time and without +further hindrance obtain full burgher rights, the Government, +however, reserve to themselves the right (in order to secure the +passing of such law through the Volksraad of this and that of the +session of 1900) to extend the period of naturalization for the right +of voting for the election of a President. Children of naturalized +aliens, who attain their majority when their father has obtained full +burgher rights, have _ipso facto_ the same rights as the father. The +Government shall also have the right to attach a moderate property +qualification to the obtaining of these extended franchise rights. It +is understood that by the laws of the State, this extended franchise +can only finally be granted by the Volksraad in session 1900, after +the law has been submitted to the people for twelve months, but that +the period of 9 resp. 7 years shall date from the passing of the +resolution to be passed by the Volksraad now in session. + +will be hailed by us with great satisfaction as removing all +obstacles to a friendly and peaceful development of mutual +understanding and co-operation; it is our wish, and in the interest +of those we represent, that the public in Europe and in South Africa +be made fully aware hereof by means of the press, and that hostile +agitation by means of the press here and elsewhere shall be avoided +in future. + +'We deprecate all attempts that may be made by political agencies to +stir up strife between the different nationalities inhabiting this +State, and shall not be parties to any such organizations. + +'Seeing the many evils springing from indiscriminate immigration of +coloured races, and having been assured that the Government will do +all in its power to facilitate in other ways the supply of labour, we +support the Government in its contention that the regulations +concerning the treatment of "coolies and other coloured races" had +best be left to them as a matter of internal concern. + +'We will support the placing of a State loan recommended by the +Financier in the European markets at reasonable rates, if the +Government should desire us to do so in the common interest. + +'Seeing the great value the Government evidently sets upon a friendly +and permanent settlement of the dynamite question, which has +contributed so much to disturbing the good relations, we declare +ourselves satisfied with the final settlement arrived at. + +'And should, after the passing of the above proposals of law as a +whole by the Volksraad, the Government desire us to give publicity to +this our declaration for the promotion of peace and goodwill, such +publicity as the Government may desire shall be given thereto.' + +While the negotiations were actually in progress, and while the +Imperial Government were awaiting a reply to their dispatch, the +President made two determined attempts to rush the confirmation of +the dynamite monopoly through the Raad. The first proposal was for +the fifteen years' extension, and the second provided for condonation +of all breaches of the concession in the past and for compensation +upon the expiry of the concession. + +The Uitlanders had not failed to perceive that the pit dug for them +might conceivably serve another purpose. They ignored these two +breaches of faith on the part of the President, and pursued the +negotiations; and Mr. Kruger overreached himself. Having failed with +Johannesburg, and having failed in the Raad, he appealed to his +burghers with the scheme of mock reform. His hope was to get such +support in the country that the Volksraad in its May session would +have to spare the monopoly. He did not realize that he would have to +make good the things which he had offered as shams. His greed had +given the opening: his hand had provided the weapon. It is not good +to be too clever; and the luck had turned. + +The publication of the correspondence between the Government and the +capitalists created a profound impression. The series of speeches +delivered by the President in support of his sham reforms only +deepened that impression by providing more and more convincing +evidence as to who the real intriguers and mischief-makers were. To +the Uitlander public one thing became quite clear, and that was that +it was the Government who wished to barter their rights away and the +capitalists--the abused capitalists--who refused to do so. An attempt +was immediately made to hold a large public meeting for the purpose +of endorsing the attitude taken by the negotiators, but the +Government refused permission to hold an open-air meeting. In their +attempt to hold a meeting indoors, the Uitlanders were defeated by +the building being condemned as unsafe. The Government yielded, +however, before the storm of disapproval which followed their +prohibition, and the State Secretary, Mr. Reitz, suggested that the +Uitlanders should hold a series of small indoor meetings in different +localities. The meetings were accordingly held, and they provided +unmistakable evidence of the gravity of the position. By their +numbers, their unanimity, their enthusiasm, and their moderation, +the Uitlanders carried conviction to some and roused the grave +apprehension of others. Among the latter, it is fair to infer, were +President Kruger and his sympathizers in the Free State and Cape +Colony. + +There is one disability the existence of which the advocates of the +Uitlander cause are always painfully conscious of. They know as well +as any of their critics that it is no picture which is all +black--that you get no perspective, no effects, without contrasts! +Yet it has not been believed that they were willing to acknowledge +the good that there was, and that a politic instinct no less than a +sense of justice prompted a diligent effort to discover and make much +of the genuinely hopeful signs. The monotony was none of their +making; it was in the nature of the facts, and not of the recital; +but monotony there was, and it was productive of one very bad result. +The conditions, admittedly bad, came to be regarded by a good many as +being only as bad as they had for a long time been known to be, +leaving little hope except through the long slow influence of time, +but causing no immediate anxiety or alarm. Someday a grubbing +historian may read the back files of South African newspapers and +marvel that such warnings should have passed unheeded, but the fact +is that the Transvaal Government and its sympathizers had become +indifferent to warnings followed by no results and accustomed to +prophecies unfulfilled. To say that they were 'fiddling while Rome +burned' is to a great extent true of those of the South African Dutch +who were sincerely desirous that the Transvaal Government should +reform its ways and who were not consciously aiding in the +republicanizing movement; but even of them it is not an adequate +description,--as the answers given to two questioners by the most +prominent and one of the most prominent Bondsmen indicate. Both of +them had in private conversation on different occasions acknowledged +the soundness of the Uitlander cause. To the suggestion, 'Then why +not say so publicly?' the less important of the two replied, 'People +would only say that I am climbing down and ratting on my party.' And +the more important of the two, answering a similar question, said, +'Yes, the Rev. S.J. Du Toit did that. He was the founder of the +Bond; and to-day he is--nothing! If I did it, I should fall as he +did.' 'Then,' said his British friend, 'what is influence worth if it +cannot be used for good? Can there be said to be influence when it +cannot be used at all?' 'No,' was the reply, 'I have no influence as +against the cry of race: blood is thicker than water; and I have no +influence at all with Kruger.' The answer to this contained the crux +of the question. 'Indeed you have; but you have not the courage to +exercise it. The influence of advice has failed, dare you try the +influence of repudiation?' The answer was a shake of the head and +'Blood is thicker than water.' That is it! The Piper pipes and the +children follow. + +It is too much to believe that the conference between the High +Commissioner and President Kruger was a suggestion to which the +latter had to be won over either by President Steyn or Mr. Hofmeyr. +It is, indeed, well-known that the idea of a meeting for the purpose +of discussing matters at issue between the two Governments had been +considered in Pretoria for some months before it actually took +place.{51} + +The news that, upon the invitation of President Steyn, the High +Commissioner and President Kruger had agreed to meet at Bloemfontein, +was received by the Uitlanders with relief; not hope, because it was +believed that the President's object was to get something, not to +give something; but sheer relief, because, come what might, the +position could never again be the same as it was before the +conference. Something must change; someone must yield; the unbearable +strain must cease. Sir Alfred Milner--wise and just and +strong--commanded the entire confidence of the Uitlanders. It was not +hoped that he would succeed in effecting a settlement at such a +meeting, because in the circumstances such an achievement was +believed not to be humanly possible; but it was not feared that he +would fail in his duty to his country and to his trust. + +It is no part of the object of this volume to deal with the +negotiations which took place at Bloemfontein or with the terms of +settlement at the present moment under discussion; the object is to +recite the circumstances and conditions which made these negotiations +necessary, and which, if they fail, must lead to bloodshed. + +With a barrier of insurmountable race feeling before them, the +Uitlanders are hopeless of effecting a peaceful redress of their +grievances except by the aid of the Suzerain power. The President and +his party will not yield one iota except upon the advice of those who +have the will and the power to see that that advice is followed. Such +power rests in two quarters. It rests with the progressive Dutch of +South Africa. They have the power, but unfortunately they have not as +yet the will or they have not the courage to use it. Time after time +have they been stultified by rallying to the cry of race and +defending Mr. Kruger's attitude on certain points, only to find the +President abandoning as untenable the position which they have +proclaimed to be proper. To them have been addressed most earnest and +most solemn appeals to be up and doing whilst there was yet time. +From them have been extracted--in times of peace--the amplest +admissions of the justice of the Uitlander case. But there is a point +beyond which they will not go. They will not say to the President and +his party: 'We cannot extol in you what we would condemn in +ourselves. The claim of kindred cannot for ever be the stalking-horse +for injustice.' That they cannot do; and thus are they bonded to the +one who will raise the race cry without scruple. There is no more +hopeless feature for the peaceful settlement of the Transvaal +question from within than the unanimity which marks the public +utterances of those who are claimed as representing Afrikander +sentiment in the present crisis. Those expressions, ranging from the +most violent denunciations by politicians and ministers of the gospel +down to the most illogical and hysterical appeals of public writers, +all, all are directed against the injured. Not a warning, not a +hint--not a prayer even--addressed to the offender. They have not the +sense of justice to see or they have not the courage to denounce the +perpetrators of evil, but direct all their efforts to hushing the +complaints of the victims. Truly it would almost appear that there +is some guiding principle running through it all; something which +recognizes the real sinner in the victim who complains and not in +the villain who perpetrates; the something which found a concrete +expression when bail was fixed at L200 for the murder of a British +subject and at L1,000 for the crime of objecting to it. + +No civilized body of men ever had more just cause for complaint than +the Uitlanders of the Transvaal have, but they carry on their reform +movement under very difficult and discouraging conditions. Those who +have petitioned their Sovereign to secure for them some amelioration +of their lot are branded by the head of the State as rebels for so +doing, and his example is followed by all his party. Those men who +organized or addressed the public meetings which were suggested by +Mr. Reitz, the State Secretary, and held for the purpose of +discussing a proposal publicly made by the Government, are the men +whom Messrs. Dieperink and Viljoen, the members representing +Johannesburg in the First and Second Volksraads, denounced as +traitors who should be summarily dealt with by the Government. +British subjects associated with the Uitlander cause who venture to +call upon the British Agent in Pretoria or the High Commissioner in +Cape Town are regarded as conspirators and are watched by spies and +all their movements are reported to the Transvaal Government.{52} The +recognized leaders among the Uitlanders are black-listed in the Dutch +press, their names, addresses, and occupations given so that they may +be identified,--marked down in the newspapers supported by the +Government--as men to be dragged out and shot without trial. +Uitlander newspapers have been suppressed for mere political reasons, +without even the allegation that there was incitement to violence or +disorder, and it is therefore not unreasonable that the impunity +with which the Dutch newspapers continue this campaign month after +month should be taken as the measure of the Government's complicity. + +It is in these circumstances that appeal has been made to England, +the only other quarter in which there rests the power to see that +justice shall be done. It is an appeal which might well be based upon +the broad and acknowledged right of a subject to claim in case of +injustice the good offices of his own Government. But here it is +based upon a special right. It is the _spirit_{53} of the Pretoria +Convention which the Uitlander has invoked for many years, only to be +told that the spirit is as it may be interpreted from the letter. But +it is not so! Will it be suggested that the British Government +contemplated such license when they granted the charter of +self-government to the Transvaal or that they would have granted +it had they foreseen the interpretation? Can it be said that Mr. +Kruger and his colleagues contemplated it or would have dared to avow +the intention if it were ever entertained? No! And he will be a +bolder man than Mr. Kruger who will dispute that answer; for the +President's own defence is, not that he had the intention or has the +right to differentiate between races and between classes; but--that +he does not differentiate. So that the issue is narrowed to this, +that it is merely a question of fact! + +But the appeal of British subjects in the Transvaal will claim a +hearing for other reasons too! Only the blindest can fail to realize +how much is at stake, materially and morally, or can fail to see what +is the real issue, and how the Mother Country stands on trial before +all her children, who are the Empire. Only those who do not count +will refuse to face the responsibility in all seriousness, or will +fail to receive in the best spirit the timely reminder of past +neglect. If the reproaching truth be a hard thing to hear, it is, for +those whose every impulse jumps towards championing the great Home +Land, a far, far harder thing to say. Unpleasant it may be, but not +without good, that England's record in South Africa--of subjects +abandoned and of rights ignored, of duty neglected and of pledge +unkept, of lost prestige and slipping Empire--should speak to quicken +a memory and rouse the native sense of right, so that a nation's +conscience will say 'Be just before you are generous! Be just to +all--even to your own!' + + +Footnotes for Chapter XI + +{49} It is stated that President Kruger, ever since the signing of +the London Convention on Majuba Day--February 27--1884, has believed +in certain lucky days, and has a kind of superstitious regard for +anniversaries. If that be so, the incidence of events has given him +something to ponder over during the last three years. Three notable +schemes conceived by himself and carefully designed to strengthen his +position, have by a curious coincidence matured upon dates of certain +interest in Transvaal history. All three have failed disastrously. +The first anniversary of the Reformers' sentence day was the occasion +of the Reformers giving evidence before the Industrial Commission, +which so strongly justified their case. The Peace Negotiations with +the Capitalists were opened by Mr. Lippert upon the anniversary of +Majuba. The Bloemfontein Conference was opened upon the Reformers' +emancipation day, the expiry of the three years' silence. That his +Honour really attaches importance to these things was shown when over +two hundred ministers representing the Dutch Reformed Church in the +Transvaal met in Pretoria to urge upon him the suppression of the +Illicit Liquor trade. In all innocence they had chosen May 24 on +which to present their address. Their astonishment was great when Mr. +Kruger, passing lightly by the liquor question, gave the assembled +pastors a thorough wigging for finding fault with his administration +at all, but chiefly for their unpatriotic conduct in selecting the +Queen's birthday of all days on which to expose internal differences +in their country. + +{50} In addressing a meeting of burghers in Heidelburg three months +later the President showed to what lengths he was prepared to go in +defending the monopoly when in reply to a question he denied that any +such offer had been received '_by the Executive.'_ The explanation, +which he did not give, is that the _Government, i.e.,_ the President +and State Secretary, had received it--and withheld it from the +Executive! + +{51} In March the writer made the suggestion to a representative of +the Pretoria Government in the hope of getting rid by a 'square talk' +of the many and ever-increasing differences, and was informed that +the idea had often been discussed and as often abandoned, because it +contained the objectionable feature of establishing a precedent for +England's interference in internal affairs. + +{52} When on a visit to Cape Town in April, the writer called +several times upon the High Commissioner, and learning by private +advice that his movements were being reported in detail through the +Secret Service Department, he informed Sir Alfred Milner of the fact. +Sir Alfred admitted that the idea of secret agents in British +territory and spies round or in Government House was not pleasant, +but expressed the hope that such things should not deter those who +wished to call on him, as he was there as the representative of her +Majesty for the benefit of British subjects and very desirous of +ascertaining for himself the facts of the case. + +{53} Since this was written, Mr. Chamberlain, speaking in the House +of Commons on July 28, 1899, has thus disposed of the question:-- + +'It has been broken in the spirit more than it has been broken in the +letter. The whole spirit of the convention is the preservation of +equality as between all the white inhabitants of the Transvaal, and +the whole policy of the Transvaal has been to promote a position of +inferiority on the part of certain classes. There is something even +more striking than that. The conventions were, of course, the result +of a previous conference. At that conference definite promises were +made which made it impossible to doubt with what object the +convention was signed. On May 10, 1881, at a conference between +representatives of her Majesty and representatives of the Transvaal +the President, Sir Hercules Robinson, asked this question:-- + +'"Before annexation had British subjects complete freedom of trade +throughout the Transvaal? Were they on the same footing as citizens +of the Transvaal? + +'"Mr. Kruger replied: They were on the same footing as the burghers. +There was not the slightest difference in accordance with the Sand +River Convention. + +'"Sir Hercules Robinson: I presume you will not object to that +continuing? + +'"Mr. Kruger: No. There will be equal protection for everybody. + +'"Sir Evelyn Wood: And equal privileges. + +'"Mr. Kruger: We make no difference so far as burgher rights are +concerned. There may, perhaps, be some slight difference in the case +of a young person who has just come into the country." + +(Cheers.) 'Now, there is a distinct promise given by the man who is +now President of the Transvaal State that, so far as burgher rights +were concerned, they made and would make no difference whatever +between burghers and those who came in. The root of the difficulty +which I have been describing lies in the fact that this promise has +not been kept.' + + + + + +APPENDICES. + + + + +APPENDIX A. + +PRETORIA CONVENTION. + +CONVENTION FOR THE SETTLEMENT OF THE TRANSVAAL TERRITORY. + + _August, 1881._ + +PREAMBLE. + +Her Majesty's Commissioners for the Settlement of the Transvaal +territory, duly appointed as such by a Commission passed under the +Royal Sign Manual and Signet, bearing date the 5th of April, 1881, do +hereby undertake and guarantee on behalf of Her Majesty that, from +and after the 8th day of August, 1881, complete self-government, +subject to the suzerainty of Her Majesty, her heirs and successors, +will be accorded to the inhabitants of the Transvaal territory, upon +the following terms and conditions, and subject to the following +reservations and limitations:-- + +ARTICLE I. + +The said territory, to be hereinafter called the Transvaal State, +will embrace the land lying between the following boundaries, to wit: +[here follow three pages in print defining boundaries.] + +ARTICLE II. + +Her Majesty reserves to herself, her heirs and successors, (_a_) the +right from time to time to appoint a British Resident in and for the +said State, with such duties and functions as are hereinafter +defined; (_b_) the right to move troops through the said State in +time of war, or in case of the apprehension of immediate war between +the Suzerain Power and any Foreign State or Native tribe in South +Africa; and (_c_) the control of the external relations of the said +State, including the conclusion of treaties and the conduct of +diplomatic intercourse with Foreign Powers, such intercourse to be +carried on through Her Majesty's diplomatic and consular officers +abroad. + +ARTICLE III. + +Until altered by the Volksraad, or other competent authority, all +laws, whether passed before or after the annexation of the Transvaal +territory to Her Majesty's dominions, shall, except in so far as they +are inconsistent with or repugnant to the provisions of this +Convention, be and remain in force in the said State in so far as +they shall be applicable thereto, provided that no future +enactment especially affecting the interest of natives shall have +any force or effect in the said State, without the consent of Her +Majesty, her heirs and successors, first had and obtained and +signified to the Government of the said State through the British +Resident, provided further that in no case will the repeal or +amendment of any laws enacted since the annexation have a +retrospective effect, so as to invalidate any acts done or +liabilities incurred by virtue of such laws. + +ARTICLE IV. + +On the 8th day of August, 1881, the Government of the said State, +together with all rights and obligations thereto appertaining, and +all State property taken over at the time of annexation, save and +except munitions of war, will be handed over to Messrs. Stephanus +Johannes Paulus Kruger, Martinus Wessel Pretorius, and Petrus Jacobus +Joubert, or the survivor or survivors of them, who will forthwith +cause a Volksraad to be elected and convened, and the Volksraad, thus +elected and convened, will decide as to the further administration of +the Government of the said State. + +ARTICLE V. + +All sentences passed upon persons who may be convicted of offences +contrary to the rules of civilized warfare committed during the +recent hostilities will be duly carried out, and no alteration or +mitigation of such sentences will be made or allowed by the +Government of the Transvaal State without Her Majesty's consent +conveyed through the British Resident. In case there shall be any +prisoners in any of the gaols of the Transvaal State whose respective +sentences of imprisonment have been remitted in part by Her Majesty's +Administrator or other officer administering the Government, such +remission will be recognized and acted upon by the future Government +of the said State. + +ARTICLE VI. + +Her Majesty's Government will make due compensation for all losses or +damage sustained by reason of such acts as are in the 8th Article +hereinafter specified, which may have been committed by Her Majesty's +forces during the recent hostilities, except for such losses or +damage as may already have been compensated for, and the Government +of the Transvaal State will make due compensation for all losses or +damage sustained by reason of such acts as are in the 8th Article +hereinafter specified which may have been committed by the people who +were in arms against Her Majesty during the recent hostilities, +except for such losses or damages as may already have been +compensated for. + +ARTICLE VII. + +The decision of all claims for compensation, as in the last preceding +Article mentioned, will be referred to a Sub-Commission, consisting +of the Honourable George Hudson, the Honourable Jacobus Petrus de +Wet, and the Honourable John Gilbert Kotze. In case one or more of +such Sub-Commissioners shall be unable or unwilling to act, the +remaining Sub-Commissioner or Sub-Commissioners will, after +consultation with the Government of the Transvaal State, submit for +the approval of Her Majesty's High Commissioners the names of one or +more persons to be appointed by them to fill the place or places thus +vacated. The decision of the said Sub-Commissioners, or of a majority +of them, will be final. The said Sub-Commissioners will enter upon +and perform their duties with all convenient speed. They will, before +taking evidence or ordering evidence to be taken in respect of any +claim, decide whether such claim can be entertained at all under the +rules laid down in the next succeeding Article. In regard to claims +which can be so entertained, the Sub-Commissioners will in the first +instance afford every facility for an amicable arrangement as to the +amount payable in respect of any claim, and only in cases in which +there is no reasonable ground for believing that an immediate +amicable arrangement can be arrived at will they take evidence or +order evidence to be taken. For the purpose of taking evidence and +reporting thereon, the Sub-Commissioners may appoint Deputies, who +will, without delay, submit records of the evidence and their reports +to the Sub-Commissioners. The Sub-Commissioners will arrange their +sittings and the sittings of their Deputies in such a manner as to +afford the earliest convenience to the parties concerned and their +witnesses. In no case will costs be allowed to either side other than +the actual and reasonable expenses of witnesses whose evidence is +certified by the Sub-Commissioners to have been necessary. Interest +will not run on the amount of any claim, except as is hereinafter +provided for. The said Sub-Commissioners will forthwith, after +deciding upon any claim, announce their decision to the Government +against which the award is made and to the claimant. The amount of +remuneration payable to the Sub-Commissioners and their Deputies will +be determined by the High Commissioners. After all the claims have +been decided upon, the British Government and the Government of +the Transvaal State will pay proportionate shares of the said +remuneration and of the expenses of the Sub-Commissioners and their +Deputies, according to the amount awarded against them respectively. + +ARTICLE VIII. + +For the purpose of distinguishing claims to be accepted from those to +be rejected, the Sub-Commissioners will be guided by the following +rules, viz.:--Compensation will be allowed for losses or damage +sustained by reason of the following acts committed during the recent +hostilities, viz.: _(a)_ commandeering, seizure, confiscation, or +destruction of property, or damage done to property; _(b)_ violence +done or threats used by persons in arms. In regard to acts under +_(a)_, compensation will be allowed for direct losses only. In regard +to acts falling under _(b)_, compensation will be allowed for actual +losses of property, or actual injury to the same proved to have been +caused by its enforced abandonment. No claims for indirect losses, +except such as are in this Article especially provided for, will be +entertained. No claims which have been handed in to the Secretary of +the Royal Commission after the 1st day of July, 1881, will be +entertained, unless the Sub-Commissioners shall be satisfied that +the delay was reasonable. When claims for loss of property are +considered, the Sub-Commissioners will require distinct proof of the +existence of the property, and that it neither has reverted nor will +revert to the claimant. + +ARTICLE IX. + +The Government of the Transvaal State will pay and satisfy the amount +of every claim awarded against it within one month after the +Sub-Commissioners shall have notified their decision to the said +Government, and in default of such payment the said Government will +pay interest at the rate of six per cent, per annum from the date of +such default; but Her Majesty's Government may at any time before +such payment pay the amount, with interest, if any, to the claimant +in satisfaction of his claim, and may add the sum thus paid to any +debt which may be due by the Transvaal State to Her Majesty's +Government, as hereinafter provided for. + +ARTICLE X. + +The Transvaal State will be liable for the balance of the debts for +which the South African Republic was liable at the date of +annexation, to wit, the sum of L48,000 in respect of the Cape +Commercial Bank Loan, and L85,667 in respect of the Railway Loan, +together with the amount due on 8th August, 1881, on account of the +Orphan Chamber Debt, which now stands at L22,200, which debts will be +a first charge upon the revenues of the State. The Transvaal State +will, moreover, be liable for the lawful expenditure lawfully +incurred for the necessary expenses of the Province since the +annexation, to wit, the sum of L265,000, which debt, together with +such debts as may be incurred by virtue of the 9th Article, will be a +second charge upon the revenues of the State. + +ARTICLE XI. + +The debts due as aforesaid by the Transvaal State to Her Majesty's +Government will bear interest at the rate of three and a half per +cent., and any portion of such debt which may remain unpaid at the +expiration of twelve months from the 8th August, 1881, shall be +repayable by a payment for interest and sinking fund of six pounds +and nine pence per cent, per annum, which will extinguish the debt in +twenty-live years. The said payment of six pounds and nine pence per +L100 shall be payable half yearly in British currency on the 8th +February and 8th August in each year. Provided always that the +Transvaal State shall pay in reduction of the said debt the sum of +L100,000 within twelve months of the 8th August, 1881, and shall be +at liberty at the close of any half-year to pay off the whole or any +portion of the outstanding debt. + +ARTICLE XII. + +All persons holding property in the said State on the 8th day of +August, 1881, will continue after the said date to enjoy the rights +of property which they have enjoyed since the annexation. No person +who has remained loyal to Her Majesty during the recent hostilities +shall suffer any molestation by reason of his loyalty, or be liable +to any criminal prosecution or civil action for any part taken in +connection with such hostilities, and all such persons will have full +liberty to reside in the country, with enjoyment of all civil rights, +and protection for their persons and property. + +ARTICLE XIII. + +Natives will be allowed to acquire land, but the grant or transfer of +such land will, in every case, be made to and registered in the name +of the Native Location Commission, hereinafter mentioned, in trust +for such natives. + +ARTICLE XIV. + +Natives will be allowed to move as freely within the country as may +be consistent with the requirements of public order, and to leave it +for the purpose of seeking employment elsewhere or for other lawful +purposes, subject always to the pass laws of the said State, as +amended by the Legislature of the Province, or as may hereafter be +enacted under the provisions of the Third Article of this Convention. + +ARTICLE XV. + +There will continue to be complete freedom of religion and protection +from molestation for all denominations, provided the same be not +inconsistent with morality and good order, and no disability shall +attach to any person in regard to rights of property by reason of the +religious opinions which he holds. + +ARTICLE XVI. + +The provisions of the Fourth Article of the Sand River Convention are +hereby reaffirmed, and no slavery or apprenticeship partaking of +slavery will be tolerated by the Government of the said State. + +ARTICLE XVII. + +The British Resident will receive from the Government of the +Transvaal State such assistance and support as can by law be given to +him for the due discharge of his functions; he will also receive +every assistance for the proper care and preservation of the graves +of such of Her Majesty's forces as have died in the Transvaal, and if +need be for the expropriation of land for the purpose. + +ARTICLE XVIII. + +The following will be the duties and functions of the British +Resident: + +_Sub-section_ 1.--He will perform duties and functions analogous to +those discharged by a Charge d'Affaires and Consul-General. + +_Sub-section_ 2.--In regard to natives within the Transvaal State, he +will (_a_) report to the High Commissioner, as representative of the +Suzerain, as to the working and observance of the provisions of this +Convention; (_b_) report to the Transvaal authorities any cases of +ill-treatment of natives or attempts to incite natives to rebellion +that may come to his knowledge; (_c_) use his influence with the +natives in favour of law and order; and (_d_) generally perform such +other duties as are by this Convention entrusted to him, and take +such steps for the protection of the person and property of natives +as are consistent with the laws of the land. + +_Sub-section_ 3.--In regard to natives not residing in the Transvaal, + (_a_) he will report to the High Commissioner and the Transvaal +Government any encroachments reported to him as having been made by +Transvaal residents upon the land of such natives, and in case of +disagreement between the Transvaal Government and the British +Resident as to whether an encroachment had been made, the decision of +the Suzerain will be final (_b_) the British Resident will be the +medium of communication with native chiefs outside the Transvaal, +and, subject to the approval of the High Commissioner, as +representing the Suzerain, he will control the conclusion of treaties +with them; and (_c_) he will arbitrate upon every dispute between +Transvaal residents and natives outside the Transvaal (us to acts +committed beyond the boundaries of the Transvaal) which may be +referred to him by the parties interested. + +_Sub-section_ 4.--In regard to communications with foreign Powers, +the Transvaal Government will correspond with Her Majesty's +Government through the British Resident and the High Commissioner. + +ARTICLE XIX. + +The Government of the Transvaal State will strictly adhere to the +boundaries defined in the First Article of this Convention, and will +do its utmost to prevent any of its inhabitants from making any +encroachment upon lands beyond the said State. The Royal Commission +will forthwith appoint a person who will beacon off the boundary line +between Ramatlabama and the point where such line first touches +Griqualand West boundary, midway between the Vaal and Hart rivers; +the person so appointed will be instructed to make an arrangement +between the owners of the farms Grootfontein and Valleifontein on the +one hand, and the Barolong authorities on the other, by which a fair +share of the water supply of the said farms shall be allowed to flow +undisturbed to the said Barolongs. + +ARTICLE XX. + +All grants or titles issued at any time by the Transvaal Government +in respect of land outside the boundary of Transvaal State, as +defined, Article I., shall be considered invalid and of no effect, +except in so far as any such grant or title relates to land that +falls within the boundary of the Transvaal State, and all persons +holding any such grant so considered invalid and of no effect will +receive from the Government of the Transvaal State such compensation +either in land or in money as the Volksraad shall determine. In all +cases in which any native chiefs or other authorities outside the +said boundaries have received any adequate consideration from the +Government of the former South African Republic for land excluded +from the Transvaal by the First Article of this Convention, or where +permanent improvements have been made on the land, the British +Resident will, subject to the approval of the High Commissioner, use +his influence to recover from the native authorities fair +compensation for the loss of the land thus excluded, and of the +permanent improvement thereon. + +ARTICLE XXI. + +Forthwith, after the taking effect of this Convention, a Native +Location Commission will be constituted, consisting of the President, +or in his absence the Vice-President of the State, or some one +deputed by him, the Resident, or some one deputed by him, and a third +person to be agreed upon by the President or the Vice-President, as +the case may be, and the Resident, and such Commission will be a +standing body for the performance of the duties hereinafter +mentioned. + +ARTICLE XXII. + +The Native Location Commission will reserve to the native tribes of +the State such locations as they may be fairly and equitably entitled +to, due regard being had to the actual occupation of such tribes. The +Native Location Commission will clearly define the boundaries of such +locations, and for that purpose will, in every instance, first of all +ascertain the wishes of the parties interested in such land. In case +land already granted in individual titles shall be required for the +purpose of any location, the owners will receive such compensation +either in other land or in money as the Volksraad shall determine. +After the boundaries of any location have been fixed, no fresh grant +of land within such location will be made, nor will the boundaries be +altered without the consent of the Location Commission. No fresh +grants of land will be made in the districts of Waterberg, +Zoutpansberg, and Lydenburg until the locations in the said districts +respectively shall have been defined by the said Commission. + +ARTICLE XXIII. + +If not released before the taking effect of this Convention, +Sikukuni, and those of his followers who have been imprisoned with +him, will be forthwith released, and the boundaries of his location +will be defined by the Native Location Commission in the manner +indicated in the last preceding Article. + +ARTICLE XXIV. + +The independence of the Swazies within the boundary line of +Swaziland, as indicated in the First Article of this Convention, will +be fully recognized. + +ARTICLE XXV. + +No other or higher duties will be imposed on the importation into the +Transvaal State of any article the produce or manufacture of the +dominions and possessions of Her Majesty, from whatever place +arriving, than are or may be payable on the like article the produce +or manufacture of any other country, nor will any prohibition be +maintained or imposed on the importation of any article the produce +or manufacture of the dominions and possessions of Her Majesty, which +shall not equally extend to the importation of the like articles +being the produce or manufacture of any other country. + +ARTICLE XXVI. + +All persons other than natives conforming themselves to the laws of +the Transvaal State (_a_) will have full liberty with their families +to enter, travel, or reside in any part of the Transvaal State; (_b_) +they will be entitled to hire or possess houses, manufactures, +warehouses, shops, and premises; (_c_) they may carry on their +commerce either in person or by any agents whom they may think to +employ; (_d_) they will not be subject in respect of their persons or +property, or in respect of their commerce or industry to any taxes, +whether general or local, other than those which are or may be +imposed upon Transvaal citizens. + +ARTICLE XXVII. + +All inhabitants of the Transvaal shall have free access to the Courts +of Justice for the protection and defence of their rights. + +ARTICLE XXVIII. + +All persons other than natives who established their domicile in the +Transvaal between the 12th day of April, 1877, and the date when this +Convention comes into effect, and who shall within twelve months +after such last-mentioned date have their names registered by the +British Resident, shall be exempt from all compulsory military +service whatever. The Resident shall notify such registration to the +Government of the Transvaal State. + +ARTICLE XXIX. + +Provision shall hereafter be made by a separate instrument for the +mutual extradition of criminals, and also for the surrender of +deserters from Her Majesty's forces. + +ARTICLE XXX. + +All debts contracted since the annexation will be payable in the same +currency in which they may have been contracted; all uncancelled +postage and other revenue stamps issued by the Government since the +annexation will remain valid, and will be accepted at their present +value by the future Government of the State; all licenses duly issued +since the annexation will remain in force during the period for which +they may have been issued. + +ARTICLE XXXI. + +No grants of land which may have been made, and no transfer of +mortgage which may have been passed since the annexation, will be +invalidated by reason merely of their having been made or passed +since that date. All transfers to the British Secretary for Native +Affairs in trust for natives will remain in force, the Native +Location Commission taking the place of such Secretary for Native +Affairs. + +ARTICLE XXXII. + +This Convention will be ratified by a newly-elected Volksraad within +the period of three months after its execution, and in default of +such ratification this Convention shall be null and void. + +ARTICLE XXXIII. + +Forthwith, after the ratification of this Convention, as in the last +preceding Article mentioned, all British troops in Transvaal +territory will leave the same, and the mutual delivery of munitions +of war will be carried out. Articles end. Here will follow signatures +of Royal Commissioners, then the following to precede signatures of +triumvirate. + +We, the undersigned, Stephanus Johannes Paulus Kruger, Martinus +Wessel Pretorius, and Petrus Jacobus Joubert, as representatives of +the Transvaal Burghers, do hereby agree to all the above conditions, +reservations, and limitations under which self-government has been +restored to the inhabitants of the Transvaal territory, subject to +the suzerainty of Her Majesty, her heirs and successors, and we agree +to accept the Government of the said territory, with all rights and +obligations thereto appertaining, on the 8th day of August; and we +promise and undertake that this Convention shall be ratified by a +newly-elected Volksraad of the Transvaal State within three months +from this date. + + + + +APPENDIX B. + +LONDON CONVENTION. + +A CONVENTION BETWEEN HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF +GREAT BRITAIN AND IRELAND AND THE SOUTH AFRICAN REPUBLIC. + +_February, 1884._ + +Whereas the Government of the Transvaal State, through its Delegates, +consisting of Stephanus Johannes Paulus Kruger, President of the said +State, Stephanus Jacobus Du Toit, Superintendent of Education, and +Nicholas Jacobus Smit, a member of the Volksraad, have represented +that the Convention signed at Pretoria on the 3rd day of August, +1881, and ratified by the Volksraad of the said State on the 25th +October, 1881, contains certain provisions which are inconvenient, +and imposes burdens and obligations from which the said State is +desirous to be relieved, and that the south-western boundaries fixed +by the said Convention should be amended, with a view to promote the +peace and good order of the said State, and of the countries adjacent +thereto; and whereas Her Majesty the Queen of the United Kingdom of +Great Britain and Ireland, has been pleased to take the said +representations into consideration: Now, therefore, Her Majesty has +been pleased to direct, and it is hereby declared, that the following +articles of a new Convention, signed on behalf of Her Majesty by Her +Majesty's High Commissioner in South Africa, the Right Honourable Sir +Hercules George Robert Robinson, Knight Grand Cross of the Most +Distinguished Order of St. Michael and St. George, Governor of the +Colony of the Cape of Good Hope, and on behalf of the Transvaal State +(which shall hereinafter be called the South African Republic) by the +above-named Delegates, Stephanus Johannes Paulus Kruger, Stephanus +Jacobus Du Toit, and Nicholas Jacobus Smit, shall, when ratified by +the Volksraad of the South African Republic, be substituted for the +articles embodied in the Convention of 3rd August, 1881; which +latter, pending such ratification, shall continue in full force and +effect. + +ARTICLES. + +ARTICLE I. + +The Territory of the South African Republic will embrace the land +lying between the following boundaries, to wit: + +Beginning from the point where the north-eastern boundary line of +Griqualand West meets the Vaal River, up the course of the Vaal River +to the point of junction with it of the Klip River; thence up the +course of the Klip River to the point of junction with it of the +stream called Gansvlei; thence up the Gansvlei stream to its source +in the Drakensberg; thence to a beacon in the boundary of Natal, +situated immediately opposite and close to the source of the Gansvlei +stream; thence in a north-easterly direction along the ridge of the +Drakensberg, dividing the waters flowing into the Gansvlei stream +from the waters flowing into the sources of the Buffalo, to a beacon +on a point where this mountain ceases to be a continuous chain; +thence to a beacon on a plain to the north-east of the last described +beacon; thence to the nearest source of a small stream called +'Division Stream'; thence down this division stream, which forms the +southern boundary of the farm Sandfontein, the property of Messrs. +Meek, to its junction with the Coldstream; thence down the Coldstream +to its junction with the Buffalo or Umzinyati River; thence down the +course of the Buffalo River to the junction with it of the Blood +River; thence up the course of the Blood River to the junction +with it of Lyn Spruit or Dudusi; thence up the Dudusi to its +source; thence 80 yards to Bea. I., situated on a spur of the +N'Qaba-Ka-hawana Mountains; thence 80 yards to the N'Sonto River; +thence down the N'Sonto River to its junction with the White Umvulozi +River; thence up the White Umvulozi River to a white rock where it +rises; thence 800 yards to Kambula Hill (Bea. II.); thence to the +source of the Pemvana River, where the road from Kambula Camp to +Burgers' Lager crosses; thence down the Pemvana River to its junction +with the Bivana River; thence down the Bivana River to its junction +with the Pongolo River; thence down the Pongolo River to where it +passes through the Libombo Range; thence along the summits of the +Libombo Range to the northern point of the N'Yawos Hill in that range +(Bea. XVI); thence to the northern peak of the Inkwakweni Hills +(Bea. XV.); thence to Sefunda, a rocky knoll detached from and to the +north-east end of the White Koppies, and to the south of the Musana +River (Bea. XIX.); thence to a point on the slope near the crest of +Matanjeni, which is the name given to the south-eastern portion +of the Mahamba Hills (Bea. XIII.); thence to the N'gwangwana, a +double-pointed hill (one point is bare, the other wooded, the beacon +being on the former) on the left bank of the Assegai River and +upstream of the Dadusa Spruit (Bea. XII.); thence to the southern +point of Bendita, a rocky knoll in a plain between the Little Hlozane +and Assegai Rivers (Bea. XI.); thence to the highest point of Suluka +Hill, round the eastern slopes of which flows the Little Hlozane, +also called Ludaka or Mudspruit (Bea. X.); thence to the beacon known +as 'Viljoen's,' or N'Duko Hill; thence to a point north-east of Derby +House, known as Magwazidili's Beacon; thence to the Igaba, a small +knoll on the Ungwempisi River, also called 'Joubert's Beacon,' and +known to the natives as 'Piet's Beacon' (Bea. IX.); thence to the +highest point of the N'Dhlovudwalili or Houtbosch, a hill on the +northern bank of the Umqwempisi River (Bea. VIII.); thence to a +beacon on the only flat-topped rock, about 10 feet high and about 30 +yards in circumference at its base, situated on the south side of the +Lamsamane range of hills, and overlooking the valley of the great +Usuto River; this rock being 45 yards north of the road from Camden +and Lake Banagher to the forests on the Usuto River (sometimes +called Sandhlanas Beacon) (Bea. VII.); thence to the Gulungwana +or Ibubulundi, four smooth bare hills, the highest in that +neighbourhood, situated to the south of the Umtuli River (Bea. VI.), +thence to a flat-topped rock, 8 feet high, on the crest of the +Busuku, a low rocky range south-west of the Impulazi River (Bea. +V.); thence to a low bare hill on the north-east of, and overlooking +the Impulazi River, to the south of it being a tributary of the +Impulazi, with a considerable waterfall, and the road from the river +passing 200 yards to the north-west of the beacon (Bea. IV.); thence +to the highest point of the Mapumula range, the water-shed of the +Little Usuto River on the north, and the Umpulazi River on the south, +the hill, the top of which is a bare rock, falling abruptly towards +the Little Usuto (Bea. III.); thence to the western point of a +double-pointed rocky hill, precipitous on all sides, called Makwana, +its top being a bare rock (Bea. II.); thence to the top of a rugged +hill of considerable height falling abruptly to the Komati River, +this hill being the northern extremity of the Isilotwani range, and +separated from the highest peak of the range Inkomokazi (a sharp +cone) by a deep neck (Bea. I.). (On a ridge in the straight line +between Beacons I. and II. is an intermediate beacon.) From Beacon I. +the boundary runs to a hill across the Komati River, and thence along +the crest of the range of hills known as the Makongwa, which runs +north-east and south-west, to Kamhlubana Peak; thence in a straight +line to Mananga, a point in the Libombo range, and thence to the +nearest point in the Portuguese frontier on the Libombo range; thence +along the summits of the Libombo range to the middle of the poort +where the Komati River passes through it, called the lowest Komati +Poort; thence in a north by easterly direction to Pokioens Kop, +situated on the north side of the Olifant's River, where it passes +through the ridges; thence about north-north-west to the nearest +point of Serra di Chicundo; and thence to the junction of the Pafori +River with the Limpopo or Crocodile River; thence up the course of +the Limpopo River to the point where the Marique River falls into it. +Thence up the course of the Marique River to 'Derde Poort,' where it +passes through a low range of hills, called Sikwane, a beacon (No. +10) being erected on the spur of said range near to, and westward of, +the banks of the river; thence, in a straight line, through this +beacon to a beacon (No. 9), erected on the top of the same range, +about 1,700 yards distant from beacon No. 10; thence, in a straight +line, to a beacon (No. 8) erected on the highest point of an isolated +hill, called Dikgagong, or 'Wildebeest Kop,' situated south-eastward +of, and about 3-1/3 miles distant from a high hill, called Moripe; +thence, in a straight line, to a beacon (No. 7) erected on the summit +of an isolated hill or 'koppie' forming the eastern extremity of the +range of hills called Moshweu, situated to the northward of, and +about two miles distant from, a large isolated hill called +Chukudu-Chochwa; thence, in a straight line, to a beacon (No. 6) +erected on the summit of a hill forming part of the same range, +Moshweu; thence, in a straight line, to a beacon (No. 5) erected on +the summit of a pointed hill in the same range; thence, in a straight +line, to a beacon (No. 4) erected on the summit of the western +extremity of the same range; thence, in a straight line, to a beacon +(No. 3) erected on the summit of the northern extremity of a low, +bushy hill, or 'koppie,' near to and eastward of the Notwane River; +thence, in a straight line, to the junction of the stream called +Metsi-Mashware with the Notwane River (No. 2); thence up the course +of the Notwane River to Sengoma, being the poort where the river +passes through the Dwarsberg range; thence, as described in the Award +given by Lieutenant-Governor Keate, dated October 17, 1871, by +Pitlanganyane (narrow place), Deboaganka or Schaapkuil, Sibatoul +(bare place), and Maclase, to Ramatlabama, a pool on a spruit north +of the Molopo River. From Ramatlabama the boundary shall run to the +summit of an isolated hill called Leganka; thence, in a straight +line, passing north-east of a Native Station, near 'Buurman's Drift,' +on the Molopo River, to that point on the road from Mosiega to the +old drift, where a road turns out through the Native Station to the +new drift below; thence to 'Buurman's Old Drift'; thence, in a +straight line, to a marked and isolated clump of trees near to and +north-west of the dwelling-house of C. Austin, a tenant on the farm +'Vleifontein,' No. 117; thence, in a straight line, to the +north-western corner beacon of the farm 'Mooimeisjesfontein,' No 30; +thence, along the western line of the said farm 'Mooimeisjesfontein,' +and in prolongation thereof, as far as the road leading from +'Ludik's Drift,' on the Molopo River, past the homestead of +'Mooimeisjesfontein,' towards the Salt Pans near Harts River; thence, +along the said road, crossing the direct road from Polfontein to +Sehuba, and until the direct road from Polfontein to Lotlakane or +Pietfontein is reached; thence, along the southern edge of the +last-named road towards Lotlakane, until the first garden ground of +that station is reached; thence, in a south-westerly direction, +skirting Lotlakane, so as to leave it and all its garden ground in +native territory, until the road from Lotlakane to Kunana is reached; +thence along the east side, and clear of that road towards Kunana, +until the garden grounds of that station are reached; thence, +skirting Kunana, so as to include it and all its garden ground, but +no more, in the Transvaal, until the road from Kunana to Mamusa is +reached; thence, along the eastern side and clear of the road towards +Mamusa, until a road turns out towards Taungs; thence, along the +eastern side and clear of the road towards Taungs, till the line of +the district known as 'Stellaland' is reached, about 11 miles from +Taungs; thence, along the line of the district Stellaland, to the +Harts River, about 24 miles below Mamusa; thence, across Harts River, +to the junction of the roads from Monthe and Phokwane; thence, along +the western side and clear of the nearest road towards 'Koppie +Enkel,' an isolated hill about 36 miles from Mamusa, and about 18 +miles north of Christiana, and to the summit of the said hill; +thence, in a straight line, to that point on the north-east boundary +of Griqualand West as beaconed by Mr. Surveyor Ford, where two farms, +registered as Nos. 72 and 75, do meet, about midway between the Vaal +and Harts Rivers, measured along the said boundary of Griqualand +West; thence to the first point where the north-east boundary of +Griqualand West meets the Vaal River. + +ARTICLE II. + +The Government of the South African Republic will strictly adhere to +the boundaries defined in the first Article of this Convention, and +will do its utmost to prevent any of its inhabitants from making any +encroachments upon lands beyond the said boundaries. The Government +of the South African Republic will appoint Commissioners upon the +eastern and western borders, whose duty it will be strictly to guard +against irregularities and all trespassing over the boundaries. Her +Majesty's Government will if necessary appoint Commissioners in the +native territories outside the eastern and western borders of the +South African Republic to maintain order and prevent encroachments. + +Her Majesty's Government and the Government of the South African +Republic will each appoint a person to proceed together to beacon off +the amended south-west boundary as described in Article I of this +Convention; and the President of the Orange Free State shall be +requested to appoint a referee to whom the said persons shall refer +any questions on which they may disagree respecting the +interpretation of the said Article, and the decision of such +referee thereon shall be final. The arrangement already made, under +the terms of Article 19 of the Convention of Pretoria, of the 3rd +August, 1881, between the owners of the farms Grootfontein and +Valleifontein on the one hand, and the Barolong authorities on the +other, by which a fair share of the water supply of the said farms +shall be allowed to flow undisturbed to the said Barolongs, shall +continue in force. + +ARTICLE III. + +If a British officer is appointed to reside at Pretoria or elsewhere +within the South African Republic to discharge functions analogous to +those of a Consular officer, he will receive the protection and +assistance of the Republic. + +ARTICLE IV. + +The South African Republic will conclude no treaty or engagement with +any State or nation other than the Orange Free State, nor with any +native tribe to the eastward or westward of the Republic, until the +same has been approved by Her Majesty the Queen. + +Such approval shall be considered to have been granted if Her +Majesty's Government shall not, within six months after receiving a +copy of such treaty (which shall be delivered to them immediately +upon its completion), have notified that the conclusion of such +treaty is in conflict with the interests of Great Britain or of any +of Her Majesty's possessions in South Africa. + +ARTICLE V. + +The South African Republic will be liable for any balance which may +still remain due of the debts for which it was liable at the date of +Annexation--to wit, the Cape Commercial Bank Loan, the Railway Loan, +and the Orphan Chamber Debt--which debts will be a first charge upon +the revenues of the Republic. The South African Republic will +moreover be liable to her Majesty's Government for L250,000, which +will be a second charge upon the revenues of the Republic. + +ARTICLE VI. + +The debt due as aforesaid by the South African Republic to Her +Majesty's Government will bear interest at the rate of three and a +half per cent, from the date of the ratification of this Convention, +and shall be repayable by a payment for interest and Sinking Fund of +six pounds and ninepence per L100 per annum, which will extinguish +the debt in twenty-five years. The said payment of six pounds and +ninepence per L100 shall be payable half-yearly in British currency +at the close of each half-year from the date of such ratification: +Provided always that the South African Republic shall be at liberty +at the close of any half-year to pay off the whole or any portion of +the outstanding debt. + +Interest at the rate of three and a half per cent, on the debt as +standing under the Convention of Pretoria shall as heretofore be paid +to the date of the ratification of this Convention. + +ARTICLE VII. + +All persons who held property in the Transvaal on the 8th day of +August 1881 and still hold the same, will continue to enjoy the +rights of property which they have enjoyed since the 12th April, +1877. No person who has remained loyal to Her Majesty during the +late hostilities shall suffer any molestation by reason of his +loyalty; or be liable to any criminal prosecution or civil action +for any part taken in connection with such hostilities; and all +such persons will have full liberty to reside in the country, with +enjoyment of all civil rights, and protection for their persons and +property. + +ARTICLE VIII. + +The South African Republic renews the declaration made in the Sand +River Convention, and in the Convention of Pretoria, that no slavery +or apprenticeship partaking of slavery will be tolerated by the +Government of the said Republic. + +ARTICLE IX. + +There will continue to be complete freedom of religion and protection +from molestation for all denominations, provided the same be not +inconsistent with morality and good order; and no disability shall +attach to any person in regard to rights of property by reason of the +religious opinions which he holds. + +ARTICLE X. + +The British Officer appointed to reside in the South African Republic +will receive every assistance from the Government of the said +Republic in making due provision for the proper care and preservation +of the graves of such of Her Majesty's Forces as have died in the +Transvaal; and, if need be, for the appropriation of land for the +purpose. + +ARTICLE XI. + +All grants or titles issued at any time by the Transvaal Government +in respect of land outside the boundary of the South African +Republic, as defined in Article I, shall be considered invalid and of +no effect, except in so far as any such grant or title relates to +land that falls within the boundary of the South African Republic; +and all persons holding any such grant so considered invalid and of +no effect will receive from the Government of the South African +Republic such compensation, either in land or in money, as the +Volksraad shall determine. In all cases in which any Native Chiefs or +other authorities outside the said boundaries have received any +adequate consideration from the Government of the South African +Republic for land excluded from the Transvaal by the first Article of +this Convention, or where permanent improvements have been made on +the land, the High Commissioner will recover from the native +authorities fair compensation for the loss of the land thus excluded, +or of the permanent improvements thereon. + +ARTICLE XII. + +The independence of the Swazis, within the boundary line of +Swaziland, as indicated in the first Article of this Convention, will +be fully recognized. + +ARTICLE XIII. + +Except in pursuance of any treaty or engagement made as provided in +Article 4 of this Convention, no other or higher duties shall be +imposed on the importation into the South African Republic of any +article coming from any part of Her Majesty's dominions than are or +may be imposed on the like article coming from any other place or +country; nor will any prohibition be maintained or imposed on the +importation into the South African Republic of any article coming +from any part of Her Majesty's dominions which shall not equally +extend to the like article coming from any other place or country. +And in like manner the same treatment shall be given to any article +coming to Great Britain from the South African Republic as to the +like article coming from any other place or country. + +These provisions do not preclude the consideration of special +arrangements as to import duties and commercial relations between the +South African Republic and any of Her Majesty's colonies or +possessions. + +ARTICLE XIV. + +All persons, other than natives, conforming themselves to the laws of +the South African Republic _(a)_ will have full liberty, with their +families, to enter, travel, or reside in any part of the South +African Republic; _(b)_ they will be entitled to hire or possess +houses, manufactories, warehouses, shops, and premises; _(c)_ they +may carry on their commerce either in person or by any agents whom +they may think fit to employ; _(d)_ they will not be subject, in +respect of their persons or property, or in respect of their commerce +or industry, to any taxes, whether general or local, other than those +which are or may be imposed upon citizens of the said Republic. + +ARTICLE XV. + +All persons, other than natives, who established their domicile in +the Transvaal between the 12th day of April, 1877, and the 8th +August, 1881, and who within twelve months after such last-mentioned +date have had their names registered by the British Resident, shall +be exempt from all compulsory military service whatever. + +ARTICLE XVI. + +Provision shall hereafter be made by a separate instrument for the +mutual extradition of criminals, and also for the surrender of +deserters from Her Majesty's Forces. + +ARTICLE XVII. + +All debts contracted between the 12th April, 1877, and the 8th +August, 1881, will be payable in the same currency in which they may +have been contracted. + +ARTICLE XVIII. + +No grants of land which may have been made, and no transfers or +mortgages which may have been passed between the 12th April, 1877, +and the 8th August, 1881, will be invalidated by reason merely of +their having been made or passed between such dates. + +All transfers to the British Secretary for Native Affairs in trust +for natives will remain in force, an officer of the South African +Republic taking the place of such Secretary for Native Affairs. + +ARTICLE XIX. + +The Government of the South African Republic will engage faithfully +to fulfil the assurances given, in accordance with the laws of the +South African Republic, to the natives at the Pretoria Pitso by the +Royal Commission in the presence of the Triumvirate and with their +entire assent, (1) as to the freedom of the natives to buy or +otherwise acquire land under certain conditions, (2) as to the +appointment of a commission to mark out native locations, (3) as to +the access of the natives to the courts of law, and (4) as to their +being allowed to move freely within the country, or to leave it for +any legal purpose, under a pass system. + +ARTICLE XX. + +This Convention will be ratified by a Volksraad of the South African +Republic within the period of six months after its execution, and in +default of such ratification this Convention shall be null and void. + +Signed in duplicate in London this 27th day of February, 1884. + + + HERCULES ROBINSON. + S.J.P. KRUGER. + S.J. DU TOIT. + N.J. SMIT. + + + + +APPENDIX C. + +PRESIDENT KRUGER'S AFFAIRS IN THE RAADS. + +1889. + +PRESIDENT. + +_July_.--His Honour accepts a loan of L7,000 from the State funds at +2-1/2 per cent. interest (current rate being about 6 per cent.). + +1890. + +_July 4_.--The PRESIDENT said: Mr. Taljaard yesterday threw in my +teeth that I took advantage of my position to benefit my own +relations. I assure you that I have not done anything of the kind. +Unfortunately, one of my relatives who is a speculator has got a +concession, which I am in duty bound to carry out. But I am deeply +grieved that Mr. Taljaard said what he did say. In future, I can +assure you not a single member of my family shall receive a single +office. I will not even make one of them a constable. I have children +myself, but I have left them on the farm rather than put them in +office to draw money from the State. + +1891. + +_May_.--In answer to a request that President Kruger would allow his +name to be used as patron of a ball in honour of Her Majesty's +birthday: + +SIR, + +In reply to your favour of the 12th instant, requesting me to ask His +Honour the State President to consent to his name being used as a +patron of a ball to be given at Johannesburg on the 26th inst., I +have been instructed to inform you that His Honour considers a ball +as Baal's service, for which reason the Lord ordered Moses to kill +all offenders; and as it is therefore contrary to His Honour's +principles, His Honour cannot consent to the misuse of his name in +such connection. + + I have, etc., + F. ELOFF, + _Pr. Secretary._ + +1892. + +FIRST RAAD. + +PRESIDENT. + +_May 24_.--It was resolved that a dam be constructed on the +President's farm 'Geduld' at a cost of L4,500, at the expense of the +Treasury. + +SECOND RAAD. + +The Public Works Department report that the road across the +President's farm 'Geduld,' estimated to cost L1,500, had actually +cost L5,000. Mr. MEYER stated that this road was of absolutely no use +to anyone but the owner of the farm! + +FIRST RAAD. + +_June 15_.--Letter from Mr. Mare, Deacon, on behalf of the United +Church, Pretoria, complaining that of the twelve erven given by +Government to the Church, they had been deprived of four, which had +been handed over to the President's Church, the Gerevoormede or +Dopper, and two of these had again been transferred to the President +himself. + +_June 16_.--After a lengthy discussion it was resolved that the +President is entirely exonerated. The Raad further expressed its +disapproval of this conduct of a Christian Church, whose duty it +should be to foster Christian love, and set an example to the +burghers. + +FIRST RAAD. + +_August 2_.--A memorial was read from Lichtenburg, praying for a +stringent investigation into the Report of the Estimates Committee of +1890, in which it was stated that of L140,000 spent on the Pretoria +streets, vouchers for L22,000 were missing. The Raad decided on the +President's stating that nothing was wrong with the accounts to send +the memorialists a copy of the resolution of last year. + +1893. + +_July 17_.--The PRESIDENT said it was simply murdering the erection +of factories to say there should be no concessions. He denied that +factories could be erected without concessions. If the Raad wished to +throw out all concessions, well and good. That simply meant the +fostering of industries in other countries. + +STANDS SCANDAL.{54} + +_August 3_.--The PRESIDENT said that speculation, when fairly +conducted, was justifiable, and the Government had acted according to +the circumstances, and in the interests of the State. The Government +had no private interests in view, but thought the sale was quite +justifiable. + +The Minister of Mines was then attacked for granting stands to Raad +officials when higher offers had been made. + + +Footnote for Appendix C + +{54} By this name is known the series of transactions in which +Government land in Johannesburg was sold out of hand to certain +private individuals at a nominal figure, many thousands of pounds +below the then market value. + + + + +APPENDIX D. + +VOLKSRAAD DEBATES. + +_Extracts from the Published Reports._ + +1889. + +_May 8_.--On the application of the Sheba G. M. Co. for permission to +erect an aerial tram from the mine to the mill, + +Mr. GROBLAAR asked whether an aerial tram was a balloon or whether it +could fly through the air. + +The only objection that the Chairman had to urge against granting the +tram was that the Company had an English name, and that with so many +Dutch ones available. + +Mr. TALJAARD objected to the word 'participeeren' (participate) as +not being Dutch, and to him unintelligible: 'I can't believe the word +is Dutch; why have I never come across it in the Bible if it is?' + +_June 18_.--On the application for a concession to treat tailings, + +Mr. TALJAARD wished to know if the words 'pyrites' and 'concentrates' +could not be translated into the Dutch language. He could not +understand what it meant. He had gone to night-school as long as he +had been in Pretoria, and even now he could not explain everything to +his burghers. He thought it a shame that big hills should be made on +ground under which there might be rich reefs, and which in future +might be required for a market or outspan. He would support the +recommendation on condition that the name of the quartz should be +translated into Dutch, as there might be more in this than some of +them imagined. + +REDUCTION OF IMPORT DUTIES ON EATABLES. + +_June 20_.--Mr. WOLMARANS said the diggers simply did not want to buy +from the Boers; there was plenty of meat and bread in the land, and +the Boers could not get good prices for their cattle. + +Mr. VAN HEERDEN could not see how the inhabitants of the State would +benefit in the least by lowering the tariff. + +Messrs. LOMBAARD and WOLMARANS both declared that when duties were at +their highest groceries etc. were at their cheapest. + +Mr. TALJAARD thought that members who were in favour of lowering the +tariff did not act for the benefit of the country. + +1890. + +_May 29_.--A discussion of considerable length took place on a +petition from burghers of Gatsrand, Potchefstroom district, praying +that at least two-thirds of the Government money now lying idle in +the banks should be given out to agriculturists as loans, and the +remainder for other purposes. + +_July 2_.--His Honour was asked why he did not suppress all +sweepstakes and races. + +The PRESIDENT said gambling and lotteries were in conflict with the +Word of God, but it was also the duty of man to have exercise and to +exercise his horses. For that reason an exception had been made in +the Bill as to horse-races, etc. + +INCREASE OF OFFICIALS' SALARIES. + +_July 7_.--The PRESIDENT supported the increase. He promised the +Raad--and he had done this before--that whenever there was a falling +off in the revenue, he would at once reduce the salaries. He had said +this before, and if members did not believe him let them call him a +liar at once. + +1891. + +SECOND RAAD. + +_June 5_.--Mr. ESSELEN objected to minutes not being full enough. + +Mr. TALJAARD accused Mr. Esselen of insulting the Raad. + +A discussion ensued on minutes, in which certain proposals which had +been rejected had not been incorporated. Several members said that +the incorporation of proposals that had been rejected would entail +some members being held up to the scorn of the public. + +ESTIMATES. + +_June 24_.--Two hundred vouchers were found to be missing from the +yearly accounts, and no explanation could be given. Also L13,000 had +been given on loan to the Boeren Winkel (Boer General Store--a +private mercantile venture). + +_July 27_.--Mr. MARE maintained that the Public Works were badly +administered. + +The PRESIDENT dashed down the papers in front of him and stalked out +of the Raad, after emphatically denying that money had been wasted. + +_July 27_.--At the debate on the question of appointing a State +financier, who could among other things be held responsible for the +disappearance of vouchers, the Auditor-General said that he did not +want an official of that nature, who would be always snivelling about +his books. + +CLAUSE TWENTY-THREE OF THE GOLD LAW. + +_August 5_.--The PRESIDENT said that owners of properties had quite +sufficient privileges already, and he did not want to give them more. + +Mr. LOMBAARD said the Gold Fields wanted too much. The revenue from +the Gold Fields was already less than the expenditure. He was of +opinion that the best course would be to let the Gold Fields go to +the devil and look after themselves. + +1892 + +SECOND RAAD. + +_May 6._--Protracted discussion arose on the Postal Report, the +Conservatives being opposed to erecting pillar-boxes in Pretoria on +the ground that they were extravagant and effeminate. + +OOM DYLE (Mr. TALJAARD) said that he could not see why people wanted +to be always writing letters. He wrote none himself. In the days of +his youth he had written a letter, and had not been afraid to travel +fifty miles and more on horseback and by wagon to post it; and now +people complained if they had to go one mile. + +FIRST RAAD. + +_May 21_.--On the question of abolishing the post of Minute-Keeper to +the Executive the President fell into a passion with Mr. Loveday who +thought a Minute-Keeper unnecessary, and left the Raad in a temper. + +_June 13_.--The PRESIDENT said the reason why he did not subsidize +some papers by giving them advertisements was that they did not +defend the Government. It was the rule everywhere to give +advertisements to papers which supported the Government. + +PRESIDENT AND GENERAL. + +_July 21_.--General JOUBERT tenders his resignation as Chairman of +the Chicago Exhibition Committee. He had written again and again to +the President and State Secretary for an intimation of the +Government's intention with regard to the amount on the Estimates, +but his communications were treated with silent contempt. + +The PRESIDENT made a long speech, in which he said he felt great +grief at being thus falsely charged by the General, who was also a +member of the Executive. Still he would only bless those who +spitefully used him and would not blacken the General. + +SECOND RAAD. + +_July 21_.--After the resolution had been taken on Mr. Van Niekerk's +proposition regarding compensation for claims not yet worked out +(Clause 60 of Gold Law), the PRESIDENT was still speaking, and +objecting to the recording of Van Niekerk's objection to the passing +of the Gold Law Clause Amendment, when Mr. ESSELEN called 'Order, +Order!' several times. + +The PRESIDENT said he was insulted by Mr. Esselen and would withdraw +unless he apologized. + +The Raad adjourned, as Mr. Esselen refused. + +FIRST RAAD. + +LOCUST EXTERMINATION. + +_July 21_.--Mr. Roos said locusts were a plague, as in the days of +King Pharaoh, sent by God, and the country would assuredly be loaded +with shame and obloquy if it tried to raise its hand against the +mighty hand of the Almighty. + +Messrs. DECLERQ and STEENKAMP spoke in the same strain, quoting +largely from the Scriptures. + +The CHAIRMAN related a true story of a man whose farm was always +spared by the locusts, until one day he caused some to be killed. His +farm was then devastated. + +Mr. STOOP conjured the members not to constitute themselves +terrestrial gods and oppose the Almighty. + +Mr. LUCAS MEYER raised a storm by ridiculing the arguments of the +former speakers, and comparing the locusts to beasts of prey which +they destroyed. + +Mr. LABUSCHAGNE was violent. He said the locusts were quite different +from beasts of prey. They were a special plague sent by God for their +sinfulness. + +_July 26_.--Mr. DE BEER attacking the railways said they were already +beginning to eat the bitter fruits of them. He was thinking of +trekking to Damaraland, and his children would trek still further +into the wilderness out of the reach of the iron horse. + +_August 16_.--Mr. DE BEER said he saw where all the opposition to +duties came from. It was English blood boiling to protect English +manufacture. + +1893. + +_June 21_.--A memorial was read from certain burghers of Waterberg +about children beating their parents, and praying that such children +should not be allowed to become officials of the State or sit in +Volksraad! + +Mr. DE BEER--the Member for Waterberg--who in the days of his hot +youth is said to have given his father a sound thrashing, and is the +one aimed at by the memorialists, denied all knowledge of the +memorial. + +CHARLESTOWN EXTENSION. + +_August 24_.--Mr. WOLMARANS opposed the line, as it would compete +with the Delagoa Bay Railway, for which the State was responsible. + +Mr. LE CLERQ maintained that the Cape Free State line was against the +interests of the burghers, as a tremendous number of cattle were +brought into the State from outside countries. + +Mr. MALAN said he would never vote for this line. + +Mr. ROOS referred to the sacred voice of the people, which he said +was against railways. + +The extension was eventually approved of. + +1894. + +FIRST RAAD. + +_May 14_.--A debate took place upon the clause that members should +appear in the House clad in broadcloth and having white neckties. + +Mr. JAN DE BEER complained of the lack of uniformity in neckties. +Some wore a Tom Thumb variety, and others wore scarves. This was a +state of things to be deplored, and he considered that the Raad +should put its foot down and define the size and shape of neckties. + +JAM CONCESSION. + +_August 28_.--The PRESIDENT said he was against concessions generally +speaking, but there were cases where exceptions should be made. There +was for instance the Jam Concession. The manufacture of jam ought to +be protected. + +REDUCTION OF POSTAGE FROM TWOPENCE TO ONE PENNY THROUGHOUT THE +REPUBLIC. + +_August 22_.--Mr. WOLMARANS opposed the reduction, saying the Postal +Department would probably show a deficit at the end of the year. And +besides who would benefit? Certainly not the farmers. + +Mr. LOMBAARD also was against the reduction. + +Mr. DE LA REY said speculators could afford to pay the present rates +of postage, and as the reduction would only benefit the townspeople, +let matters remain unaltered. If he resided in a town and speculated +he would be able to pay twopence. + +Mr. SCHUTTE said the Postal Department was run at a loss at present, +and if they further reduced the tariff things would go very badly +with them. + +Reduction rejected, 13 to 9. + +INCREASE OF REPRESENTATION. + +_September 6_.--The PRESIDENT throughout the debate maintained that +there was no advantage to be gained by increased representation, and +that business could be more quickly transacted with a small number of +members. He disagreed with those members who wished to give big towns +representatives as the Raad would be swamped with town members. + +After the rejection of various proposals the PRESIDENT rose and +pointed out it would mean ruination to the country if the Raad +resolved to increase the number of the members, and amidst some +confusion he left, declining to occupy the Presidential chair, +muttering that the Raad was large enough already and if it were +increased it would be a shame. + +EDUCATION QUESTION. + +_September 7_.--The Committee reported that a number of memorials had +been received, praying that more hours weekly should be devoted to +the English language. Counter memorials had also been received. The +Committee advised the Raad not to grant the request of more hours for +English. + +Mr. LOMBAARD thought the Raad was bound to refuse the request, and it +would be useless to discuss the matter. + +Mr. DE BEER could see no harm in granting the request, in fact it was +their duty to do so. + +Mr. SPIES considered there was no necessity to teach English in the +State. Trade did not require it, and they could get on very well +without English. Let the English remain in their own country. + +The PRESIDENT was opposed to extending the hours. He did not object +to English being taught, but then it must not interfere with the +language of the country to the prejudice of the latter language. He +had schools upon his farm, and parents objected to their children +being taught English in those schools. After a very little while they +could write English as well as or better than their own language, and +neglected Dutch for English. _The Dutch language could not be +maintained against English in competition._ + +Mr. WOLMARANS also spoke against the English language saying that if +they went through the list of those who had signed the memorial for +the annexation of the Transvaal by the English, they would find +without exception that those who signed were English-speaking. +He was against children being taught English so early, as when they +were taught young their minds became poisoned with English views. + +Mr. OTTO agreed with the spirit of the Committee's report. This was a +Dutch country, with Dutch laws, and why should they be asked to +exchange the Dutch language for the English? What had the English +done for the country that this should be asked? + +The CHAIRMAN thought many members made too much of the English +language already. One language was sufficient, and if a man was +properly educated in his own tongue that should suffice. + +Mr. LE CLERQ and Mr. PRINSLOO both cautioned the Raad against foreign +languages in their schools. + +Mr. LOVEDAY pointed out the absurdity of saying that the National +Independence depended upon one language only being used, and pointed +to the American and Swiss Republics as examples. + +Mr. LOMBAARD in the course of a violent speech said those people who +wanted English taught in the State-aided schools were aiming at the +independence of the State. They wanted to bring dissension in the +midst of the burghers by teaching new and wrong ideas, and they +became indignant because the burghers would not allow it. He was +ashamed that members should argue in favour of injuring their +independence: English should not be taught in the State-aided +schools. + +The law remained unaltered by 12 to 10. + +1895. + +_July 26_.--The matter of purchasing diamond drills cropping up, the +PRESIDENT said it was true that the two industries mining and +agriculture went hand in hand, but it must be remembered that every +fresh goldfield opened meant a fresh stream of people and extra +expenses. He hoped the Raad would excuse him referring to it, but the +Raad took away the revenue and still asked for money. There was the +reduction of postage; now it was asked to spend money on boring +machines, when each new field meant so much extra expense. Machines +for water boring were cheap and not fitted with diamonds like those +for mining, which required to be handled by experts. It must be +remembered that money voted for agricultural purposes was spent here, +while for the gold industry it was sent away. The Raad must be +careful how the money was voted. + +FIRST RAAD. + +FIRING AT THE CLOUDS TO BRING DOWN RAIN CONSIDERED IMPIOUS. + +_August 5_.--A memorial was read from Krugersdorp praying that the +Raad would pass a law to prohibit the sending up of bombs into the +clouds to bring down rain, as it was a defiance of God and would most +likely bring down a visitation from the Almighty. + +The Memorial Committee reported that they disapproved of such a +thing, but at the same time they did not consider they could make a +law on the subject. + +Mr. A.D. WOLMARANS said he was astonished at this advice, and he +expected better from the Commission. If one of their children fired +towards the clouds with a revolver they would thrash him. Why should +they permit people to mock at the Almighty in this manner? It was +terrible to contemplate. He hoped that the Raad would take steps to +prevent such things happening. + +The CHAIRMAN (who is also a member of the Memorial Commission) said +the Commission thought that such things were only done for a wager. + +Mr. ERASMUS said they were not done for a wager but in real earnest. +People at Johannesburg actually thought that they could bring down +the rain from the clouds by firing cannons at them. + +Mr. JAN MEYER said such things were actually done in Johannesburg. +Last year during the drought men were engaged to send charges of +dynamite into the clouds. They fired from the Wanderers' Ground and +from elsewhere, but without result. Then some one went to Germiston +and fired at a passing cloud; but there was no rain. The cloud sailed +away, and the heavens became clear and beautifully blue. He had +reported the matter to the Government. + +Mr. DU TOIT (Carolina) said he had heard that there were companies in +Europe which employed numbers of men to do nothing but shoot at the +clouds simply to bring down rain. It was wonderful that men could +think of doing such things; they ought to be prohibited here. He did +not consider that the Raad would be justified in passing a law on the +subject, however; but he thought all the same that they should +express their strongest disapproval of such practices. + +Mr. BIRKENSTOCK ridiculed the idea of people forcing rain from the +clouds. In some of the Kaffir countries they had witch-doctors who +tried to bring down rain; whether they succeeded or not was a +different matter. Still, if people were foolish enough to try and +force the clouds to discharge rain, the Legislature ought not to +interfere to prevent them. He did not agree with the idea of firing +at the clouds, but did not consider that an Act should be passed to +prevent it. + +The CHAIRMAN said if such things were actually done--and he was +unaware of it--those who did it ought to be prevented from repeating +it. + +After a further discussion, Mr. A.D. WOLMARANS moved: 'That this +Raad, considering the memorial now on the Order, resolves to agree +with the same, and instructs the Government to take the necessary +steps to prevent a repetition of the occurrences referred to.' + +SECOND RAAD. + +BARMAIDS. + +The article for the abolition of barmaids was dealt with. + +Mr. WATKINS declared himself strongly against such an article. He +could not see why females should be prevented from dispensing liquor. +Such a clause would prevent many respectable young women from making +a living. + +Mr. PRETORIUS said there were many memorials on this subject, and in +compliance with the wish expressed therein the article was inserted +in the Liquor Law. Of course, it was for the Raad to decide. + +Mr. RENSBURG spoke strongly against the clause. According to it the +proprietor's wife would be prevented from going behind the counter. +He would not deny that there were some barmaids who were not strictly +virtuous, but to accuse them as a class of being dangerous was +going too far. Many of the memorials were signed by women. These +memorials were drawn by men whom he considered were hypocrites, and +they ought to be ashamed of themselves for their narrow-mindedness. + +Mr. VAN STADEN said he did not like to take the bread out of the +mouths of a great many women. + +Mr. KOENIG suggested that they could become chambermaids. + + + + +APPENDIX E. + +MALABOCH. + + +_September 4_.--An Executive resolution was read, stating that the +Executive had decided to deprive Malaboch of his rights of +chieftainship, and keep him in the custody of the Government, and +that his tribe be broken up and apprenticed out to burghers, each +burgher applying to have one or two families upon payment of L3 per +family per annum. The Executive wished the Raad to approve of this; +the Government had the right to do this according to law. This was +without prejudice to the trial before the High Court. Perhaps when +the Krijgsraad assembled it would be decided to try him before the +High Court on charges of murder and rebellion. + +Mr. JEPPE thought this was a matter for the High Court, and +counselled the Raad to adopt that course, giving the chief a public +trial. + +The PRESIDENT said the Executive acted strictly in accordance with +the law; it was not necessary for the Government to send the case to +the High Court, as it had the power to decide native cases. For +instance, in the case of Lo Bengula and his headmen, they were not +tried by any High Court. + +Mr. MEYER thought they should give Malaboch a fair trial. + +Finally Mr. MEYER moved, and Mr. JEPPE seconded, that Executive +resolution be accepted for notice. + + + + +APPENDIX F. + +THE GREAT FRANCHISE DEBATE. + + +The following extract is made from the Report of the great Franchise +Debate, published in the Johannesburg _Star_, August 17, 1895: + +EXTENSION OF THE FRANCHISE.--MONSTER UITLANDER PETITIONS.--WHAT THE +BURGHERS WISH. + +Petitions were read praying for the extension of the franchise. The +petitioners pointed out that they were all residents in the Republic, +that the increase of the wealth of the country and the status of the +country were due to their energy and wealth, that the number of the +non-enfranchised far exceeded the number of the burghers, that +taxation was so arranged that the non-enfranchised bore four-fifths +of the taxes. The memorialists pointed out that one of the Republican +principles was equality, but that notwithstanding the numerously +signed memorials the Raad decided last year to make the Franchise Law +so stringent that a new-comer could never obtain the franchise, and +his children could only obtain it under severe conditions. They +pointed out the danger of this, and prayed for admission under +reasonable conditions. + +The petitions came from every part of the country, including all the +Boer strongholds, and some were signed by influential officials. One +petition from Johannesburg was signed by 32,479 persons, and the +total signatures amounted to 35,483. + +Memorials to the same effect were read from a large number of farming +districts, signed by 993 full burghers, who were anxious that the +franchise should be extended to law-abiding citizens. These memorials +contained the names of prominent farmers. There were nineteen of +these last-named memorials, four of which came from different parts +of the Pretoria district and three from Potchefstroom. + +A memorial was read from Lydenburg, suggesting that ten years' +residence in the country and obedience to the law be the +qualification. This was signed by about a hundred burghers. + +A number of memorials were read from Rustenberg, Waterberg, Piet +Retief, Utrecht, Middelberg, Zoutpansberg, and Krugersdorp, signed by +about 500 burghers, stating that while they valued the friendship of +the peace-abiding Uitlanders they petitioned the Raad not to extend +the franchise or alter last year's law. + +A memorial from Krugersdorp was to the effect that the franchise +should not be extended until absolutely necessary, and then only in +terms of Art. 4 of the Franchise Law of 1894. This was signed by +thirteen persons. + +One was read from the Apies River and Standerton, praying that the +children of Uitlanders born here should not be granted the franchise. + +Memorials from other places, with 523 signatures, prayed that the +existing Franchise Law should be strictly enforced. + +Several petitions against the prohibition of the Election Committee +were read. + +A further memorial from the Rand was read, containing 5,152 +signatures, pointing out that they objected to the memorial issued by +the National Union, and they wanted the system of one-man-one-vote +and the ballot system adopted before they asked for the franchise. + +THE COMMITTEE'S RECOMMENDATIONS. + +The Memorial Committee recommended that the law remain unaltered, +because the memorials signed by full burghers requested no extension +to take place. + +Mr. LUCAS MEYER, who was chairman of the Memorial Commission, +submitted a report, stating that he was in the minority and differed +from his fellow-committeemen. There was not a single member of the +Raad who would use his powers more towards maintaining the +independence of the country than himself, but he was fully convinced +that the Raad had as bounden duty to propose an alteration to last +year's law. Proposals to do so had to emanate from the Raad. A large +majority of memorialists who prayed for the extension were not +burghers, but even those burghers who petitioned the Raad against the +extension asked the Raad not to do so at present. That showed that +they were convinced that sooner or later the extension would have to +take place--cautiously perhaps, but the extension would come. Even +the committee, the majority of whom were against him, recognised +this. He repeated that it was his opinion that the time would come. +Let the Raad then submit the proposal to the country, and if the +majority of the burghers were against it, the Raad would have to +stand or fall with the burghers; but at any rate they would be acting +according to the will of the country, and could not be blamed for +possible consequences. Recently the President said something had to +be done to admit a portion of the people who were behind the dam, +before the stream became so strong that the walls would be washed +away and the country immersed in water. He hoped the Raad would +favourably consider his proposal. + +Mr. TOSEN said that when the proposals came to extend the franchise, +such proposals had to come from old burghers, and so far the old +burghers had not signified their willingness that this should be +done. On the contrary, a large number of them were against it. They +did not wish to exclude the new-comers for all eternity, but just now +they should make no concession. It stood to reason that the +new-comers could not have so much interest in the country as the old +inhabitants. He cautioned the Raad against accepting the +recommendations of Mr. Meyer. _It would be contrary to Republican +principles_. Yes, he repeated it would be contrary to the principles +of Republicanism, and were newcomers admitted to the franchise the +old burghers would be deprived of all their rights. They would not +dare to vote or exercise any of their privileges. Those persons who +signed the petition for the franchise said they were peaceful and +law-abiding citizens, _but they gave a sign that they were not +law-abiding, because they were against the law. The Election Law was +there, and they should abide by it._ + +The CHAIRMAN called the speaker to order and advised him to keep to +the point, whether it was desirable to extend the franchise or not. + +Mr. TOSEN said he was cut short, but in a few words he would say that +he would resist to the bitter end any attempt to alter the law as it +at present stood. He spoke on behalf of his constituents and himself. + +Mr. JEPPE, in the course of his speech, said: Who are the people who +now demand from us a reasonable extension of the franchise? There are +to begin with almost a thousand old burghers who consent to such +extension. There are in addition 890 petitioners, also old burghers, +who complain that the franchise has been narrowed by recent +legislation. There are 5,100, chiefly from the Rand, who ask for +extension subject to the ballot, the principle of which has already +been adopted by you, and there is lastly a monster petition, bearing +35,700 names, chiefly from the Rand goldfields: and in passing I may +mention that I have convinced myself that the signatures to it, with +very few exceptions perhaps are undoubtedly genuine. Well, this +petition has been practically signed by the entire population of the +Rand. There are not three hundred people of any standing whose names +do not appear there. It contains the name of the millionaire +capitalist on the same page as that of the carrier or miner, that of +the owner of half a district next to that of a clerk, and the +signature of the merchant who possesses stores in more than one town +of this Republic next to that of the official. It embraces also all +nationalities: the German merchant, the doctor from Capetown, the +English director, the teacher from the Paarl--they all have signed +it. So have--and that is significant--old burghers from the Free +State, whose fathers with yours reclaimed this country; and it bears +too the signatures of some who have been born in this country, who +know no other fatherland than this Republic, but whom the law regards +as strangers. Then too there are the newcomers. They have settled for +good: they have built Johannesburg, one of the wonders of the age, +now valued at many millions sterling, and which, in a few short +years, will contain from a hundred to a hundred and fifty thousand +souls; they own half the soil, they pay at least three-quarters of +the taxes. Nor are they persons who belong to a subservient race. +They come from countries where they freely exercised political rights +which can never be long denied to free-born men. They are, in short, +men who in capital, energy and education are at least our equals. All +these persons are gathered together, thanks to our law, into one +camp. Through our own act this multitude, which contains elements +which even the most suspicious amongst us would not hesitate to +trust, is compelled to stand together, and so to stand in this most +fatal of all questions in antagonism to us. Is that fact alone not +sufficient to warn us and to prove how unstatesmanlike our policy is? +What will we do with them now? Shall we convert them into friends or +shall we send them away empty, dissatisfied, embittered? What will +our answer be? Dare we refer them to the present law, which first +expects them to wait for fourteen years and even then pledges itself +to nothing, but leaves everything to a Volksraad which cannot decide +until 1905? It is a law which denies all political rights even to +their children born in this country. Can they gather any hope from +that? Is not the fate of the petition of Mr. Justice Morice, whose +request, however reasonable, could not be granted except by the +alteration of the law published for twelve months and consented to by +two-thirds of the entire burgher population, a convincing proof how +untenable is the position which we have assumed? Well, should we +resolve now to refuse this request, what will we do when as we well +know must happen it is repeated by two hundred thousand one day. You +will all admit the doors must be opened. What will become of us or +our children on that day, when we shall find ourselves in a minority +of perhaps one in twenty, without a single friend amongst the other +nineteen, amongst those who will then tell us they wished to be +brothers, but that we by our own act made them strangers to the +Republic? Old as the world is, has an attempt like ours ever +succeeded for long? Shall we say as a French king did that things +will last our time, and after that we reck not the deluge? Again I +ask what account is to be given to our descendants and what can be +our hope in the future? + +Mr. DE CLERCQ opposed the extension. + +Mr. JAN DE BEER said he could not agree to the prayer for extension. +The burghers would decide time enough when the dam was too full, or +when fresh water was wanted. He had gone through the memorials, and +some that wished an extension were unknown to him, even those who +signed from his district. Very few persons were in favour of the +extension. If the burghers wished it he would give it, he would agree +to it. The people coolly asked the Raad to extend the franchise to +80,000 persons, men who were not naturalized and had nothing to lose. +He did not mind extending the franchise to a few. When it was a small +case he did not object, but when it came to giving away their +birthright wholesale he kicked. He did not object to give the burgher +right to _persons who shot Kaffirs_, or he had better say, persons +who went into the native wars on behalf of the Transvaal, because +they shed their blood for the country; but people who came here only +to make money and that only did not deserve the franchise. Let them +look at that book of signatures on the table with the 70,000 names. +Who were they? (Laughter, and cries of 'Too much.') Well, 38,000 +then. He had 'too much.' They were the persons, the millionaires side +by side with mining workers whom Mr. Jeppe spoke of, but where did +they find these people side by side? Nowhere! No, he would not grant +an extension of the franchise. + +The PRESIDENT said he wished to say a few words on the subject, and +the first thing he had to say was that those persons who signed the +monster petition were unfaithful and not law-abiding. + +Mr. JEPPE: I deny that. + +The PRESIDENT: Yes--I repeat unfaithful. + +Mr. JEPPE (excitedly): I say they are not! + +The CHAIRMAN: Order, order! + +The PRESIDENT then endeavoured to qualify his remarks by reasserting +that these people were disrespectful and disobedient to the law, +because they were not naturalized. 'Now,' asked His Honour +triumphantly, 'can you contradict that? No, you cannot. No one can. +The law says that they must be naturalized, and they are not.' +Speeches had been made that afternoon, His Honour proceeded, urging +that the rich should be made burghers and not the poor. Why not the +poor as well as the rich, if that were the case? But he was against +granting any extension, saving in cases like that he mentioned the +other day. Those who went on commando were entitled to it, but no +others. Those persons who showed they loved the country by making +such sacrifices were entitled to the franchise, and they should get +it. These memorials were being sent in year by year, and yearly +threats were made to them if they did not open the flood-gates. If +the dam was full before the walls were washed over, a certain portion +of the water had to be drained off. Well, this had been done in +the case of commando men. They were the clean water which was drained +off and taken into the inner dam which consisted of clean water, but +he did not wish to take in the dirty water also. No, it had to remain +in the outer dam until it was cleaned and purified. The Raad might +just as well give away the independence of the country as give all +these new-comers, these disobedient persons, the franchise. These +persons knew there was a law, but they wished to evade it; they +wished to climb the wall instead of going along the road quietly, and +these persons should be kept back. He earnestly cautioned the Raad +against adopting Mr. L. Meyer's proposal. + +Mr. D. JOUBERT said excitement would not avail them. They had to be +calm and deliberate. Now, what struck him was first who would give +them the assurance, were they to admit the 35,000 persons who +petitioned them for the franchise, that they would maintain the +independence of the country inviolate and as a sacred heritage? They +had no guarantee. He could not agree with the request of the petition +(here the speaker became excited, and gesticulating violently, +continued), and he would never grant the request if the decision was +in his hands. + +Mr. A.J. WOLMARANS said that his position on this question was that +he would not budge an inch. + +Mr. JAN MEYER impugned the genuineness of the petition, and said he +had represented Johannesburg in the Raad for some time, and could +tell them how those things were worked. They were nearly all +forgeries. He stated that as there were only 40,000 people in +Johannesburg it was impossible that 38,000 of them signed. Therefore +they were forgeries. The speaker concluded by saying that as long as +he lived he would never risk the independence of the country by +granting the franchise, _except in accordance with the law_. It was +unreasonable to ask him to give up his precious birthright in this +thoughtless manner. He could not do it--he would not do it! + +Mr. PRINSLOO said that he had gone through the petitions from +Potchefstroom, and certainly he had to admit that many of the +signatures were not genuine, for he found on these petitions the +names of his next-door neighbours, who had never told him a word +about their signing such petitions. + +Mr. OTTO again addressed the Raad, endeavouring to prove that +memorials from Ottos Hoop contained many forgeries. He said that he +did not consider the Johannesburg people who signed in that wonderful +and fat book on the table to be law-abiding, and he would have none +of them. The Raad had frequently heard that if the franchise were not +extended there would be trouble. He was tired of these constant +threats. He would say, 'Come on and fight! Come on!' (Cries of +'Order!') + +Mr. OTTO (proceeding): I say, 'Come on and have it out; and the +sooner the better.' I cannot help it, Mr. Chairman, I must speak out. +I say I am prepared to fight them, and I think every burgher of the +South African Republic is with me. + +The CHAIRMAN (rapping violently): Order, order! + +Mr. OTTO: Yes, this poor South African Republic, which they say they +own three-fourths of. They took it from us, and we fought for it and +got it back. + +The CHAIRMAN: Order! + +Mr. OTTO: They called us rebels then. I say they are rebels. + +Loud cries of 'Order!' + +Mr. OTTO: I will say to-day, those persons who signed the memorials +in that book are rebels. + +The CHAIRMAN: Will you keep order? You have no right to say such +things. We are not considering the question of powers, but the +peaceful question of the extension of the franchise to-day; and keep +to the point. + +Mr. OTTO: Very well I will; but I call the whole country to witness +that you silenced me, and would not allow me to speak out my mind. + +The PRESIDENT said they had to distinguish between trustworthy +persons and untrustworthy, and one proof was their going on commando, +and the other was their becoming naturalized. People who were +naturalized were more or less worthy, and if they separated +themselves from the others who would not get naturalized, and +petitioned the Raad themselves, the Raad would give ear to their +petition. He strongly disapproved of the Raad being deceived in the +manner it had been by the forged signatures. + +Mr. R.K. LOVEDAY, in the course of an address dealing exhaustively +with the subject, said: The President uses the argument that they +should naturalize, and thus give evidence of their desire to become +citizens. I have used the same argument, but what becomes of such +arguments when met with the objections that the law requires such +persons to undergo a probationary period extending from fourteen to +twenty-four years before they are admitted to full rights of +citizenship, and even after one has undergone that probationary +period, he can only be admitted to full rights by resolution of the +First Raad? Law 4 of 1890, being the Act of the two Volksraads, lays +down clearly and distinctly that those who have been eligible for ten +years for the Second Raad _can_ be admitted to full citizenship. So +that, in any case, the naturalized citizen cannot obtain full rights +until he reaches the age of forty years, he not being eligible for +the Second Raad until he is thirty years. The child born of +non-naturalized parents must therefore wait until he is forty +years-of age, although at the age of sixteen he may be called upon to +do military service, and may fall in the defence of the land of his +birth. When such arguments are hurled at me by our own flesh and +blood--our kinsmen from all parts of South Africa--I must confess +that I am not surprised that these persons indignantly refuse to +accept citizenship upon such unreasonable terms. The element I have +just referred to--namely, the Africander element--is very +considerable, and numbers thousands hundreds of whom at the time this +country was struggling for its independence, accorded it moral and +financial support, and yet these very persons are subjected to a term +of probation extending from fourteen to twenty-four years. It is +useless for me to ask you whether such a policy is just and +reasonable or Republican, for there can be but one answer, and that +is 'No!' Is there one man in this Raad who would accept the franchise +on the same terms? Let me impress upon you the grave nature of this +question, and the absolute necessity of going to the burghers without +a moment's delay, and consulting and advising them. Let us keep +nothing from them regarding the true position, and I am sure we shall +have their hearty co-operation in any reasonable scheme we may +suggest. This is a duty we owe them, for we must not leave them under +the impression that the Uitlanders are satisfied to remain aliens, as +stated by some of the journals. I move amongst these people, and +learn to know their true feelings, and when public journals tell you +that these people are satisfied with their lot, they tell you that +which they know to be false. Such journals are amongst the greatest +sources of danger that the country has. We are informed by certain +members that a proposition for the extension of the franchise must +come from the burghers, but according to the Franchise Law the +proposition must come from the Raad, and the public must consent. The +member for Rustenberg says that there are 9,338 burghers who have +declared that they are opposed to the extension of the franchise. +Upon reference to the Report, he will find that there are only 1,564 +opposed to the extension. Members appear afraid to touch upon the +real question at issue, but try to discredit the memorials by vague +statements that some of the signatures are not genuine, and the +former member for Johannesburg, Mr. J. Meyer, seems just as anxious +to discredit the people of Johannesburg as formerly he was to defend +them. + +The CHAIRMAN advanced many arguments in favour of granting the +franchise to the Uitlander, but nevertheless concluded by stating +that as the Raad with few exceptions were against the extension, he +would go with the majority. He was not, he said, averse to the +publication of Mr. Meyer's proposition, because the country would +have to decide upon it; still he could not favour the extension of +the franchise in the face of what had been said during the debate. +Let the Raad endeavour to lighten the burden of the alien in other +respects. Let the alien come to the Raad with his grievances, and let +the Raad give a patient ear unto him, but he really was not entitled +to the franchise. + +The PRESIDENT again counselled the Raad not to consent to the +publication of Mr. Meyer's proposal. He did not want it put to the +country. This business had been repeated from year to year until he +was tired of it. And why should they worry and weary the burghers +once more by asking them to decide upon Mr. Meyer's motion? There was +no need for it. There was no uncertainty about it. The burghers knew +their minds, and their will, which was supreme, was known. The way +was open for aliens to become burghers; let them follow that road and +not try to jump over the wall. They had the privilege of voting for +the Second Raad if they became naturalized, and could vote for +officials, and that was more than they could do in the Cape Colony. +In the Colony they could not vote for a President or any official. +They were all appointed. They could only vote for Raad members there. +And why should they want more power here all at once? What was the +cause of all this commotion? What were they clamouring for? He knew. +They wanted to get leave to vote for members of the First Raad, which +had the independence of the country under its control. He had been +told by these people that 'if you take us on the same van with you, +we cannot overturn the van without hurting ourselves as well as you.' +'_Ja_,' that was true, '_maar_,' the PRESIDENT continued, they could +pull away the reins and drive the van along a different route. + +Mr. JEPPE, again speaking, said there was one matter he must refer +to. That was his Honour's remarks about the petitioners, calling them +disobedient and unfaithful. The law compels no one to naturalize +himself. How then could these petitioners have disobeyed it? Of +course we should prefer them to naturalize. But can we be surprised +if they hesitate to do so? Mr. Loveday has told you what +naturalization means to them. + +The PRESIDENT agreed that these people were not obliged by law to +naturalize, but if they wanted burgher rights they should do so, when +they would get the franchise for the Second Raad; and upon their +being naturalized let them come nicely to the Raad and the Raad would +have something to go to the country with, and they would receive +fair treatment; but, if they refused naturalization and rejected the +Transvaal laws, could they expect the franchise? No. Let Mr. Jeppe go +back and give his people good advice, and if they were obedient to +the law and became naturalized they would not regret it; but he +could not expect his people to be made full burghers if they were +disobedient and refused naturalization. Let them do as he advised, +and he (the President) would stand by them and support them. + +Mr. JEPPE said: His Honour has again asked me to advise the people of +Johannesburg what to do regarding the extension of the franchise. He +says they must first naturalize and then come again. Then he holds +out hopes that their wishes will be met. Why then does he not support +Mr. Meyer's proposal, which affects naturalized people only? What +is it I am to advise the people of Johannesburg? I have had many +suggestions from different members. You, Mr. Chairman, seem to +support the hundred men from Lydenburg who suggest ten years' +residence as a qualification. Mr. Jan Meyer suggests that those who +came early to the goldfields should memorialize separately, and he +would support them. Others say that only those who are naturalized +should petition, and that if a few hundreds petitioned instead of +35,000, their reception would be different. Well, we have had one +petition here wherein all these conditions were complied with. It was +not signed by anyone who had not been here ten years, or who is not +naturalized, or who could at all be suspected of being unfaithful, +nor could any exception be taken to it on the ground of numbers, +since it was signed by one man only, Mr. Justice Morice, and yet it +was rejected. Gentlemen, I am anxiously groping for the light; but +what, in the face of this, am I to advise my people? + +Mr. JAN DE BEER endeavoured to refute Messrs. Jeppe's and Loveday's +statements, when they said a man could not become a full member until +he was forty. They were out of their reckoning, because a man did not +live until he was sixteen. He was out of the country. In the eyes of +the law he was a foreigner until he was sixteen. (Laughter.) The +member adduced other similar arguments to refute those of Messrs. +Jeppe and Loveday, causing much laughter. + +Mr. LOVEDAY replied to the President, especially referring to his +Honour's statement that he (Mr. Loveday) was wrong when he said that +a person would have to wait until he was forty before he could obtain +the full rights. He (Mr. Loveday) repeated and emphasized his +statements of yesterday. + +The CHAIRMAN said there was no doubt about it. What Mr. Loveday said +regarding the qualifications and how long a man would have to wait +until he was qualified to become a full burgher was absolutely +correct. It could not be contradicted. The law was clear on that +point. There was no doubt about it. + +Mr. JAN DE BEER: Yes; I see now Mr. Loveday is right, and I am wrong. +The law does say what Mr. Loveday said. It must be altered. + +The debate was closed on the third day, and Mr. Otto's motion to +accept the report of the majority of the Committee, to refuse the +request of the memoralists, and to refer them to the existing laws, +was carried by sixteen votes to eight. + + + + +APPENDIX G. + +TERMS OF DR. JAMESON'S SURRENDER. + + +_Sir Hercules Robinson to Mr. Chamberlain._ + +Received April 6, 1896. + + _Government House, Capetown, + March 16, 1896._ + +SIR, + +I have the honour to transmit for your information a copy of a +despatch from Her Majesty's Acting Agent at Pretoria, enclosing a +communication from the Government of the South African Republic, +accompanied by sworn declarations, respecting the terms of the +surrender of Dr. Jameson's force, a summary of which documents I +telegraphed to you on the 12th instant. + +At my request, Lieutenant-General Goodenough has perused these sworn +declarations, and informs me 'that,' in his opinion, 'Jameson's +surrender was unconditional, except that his and his people's lives +were to be safe so far as their immediate captors were concerned.' + + + I have, etc., + HERCULES ROBINSON, + _Governor and High Commissioner._ + +Enclosed in above letter. + +_From H. Cloete, Pretoria, to the High Commissioner, Capetown._ + + _Pretoria, March 11th, 1896._ + +SIR, + +I have the honour to enclose for the information of your Excellency a +letter this day received from the Government, a summary of which I +have already sent your Excellency by telegraph. + + I have, etc., + H. CLOETE. + + _Department of Foreign Affairs, + Government Office, Pretoria, + March 10, 1896._ + +Division A., R.A., 1056/1896, + B., 395/96. + +HONOURABLE SIR, + +I am instructed to acknowledge the receipt of the telegram from his +Excellency the High Commissioner to you, dated 6th instant, forwarded +on by you to his Honour the State President, and I am now instructed +to complete with further data my letter to you of 4th instant, B.B., +257/96, which I herewith confirm, containing the information which +the Government then had before it respecting the surrender, and which +was furnished in view of your urgent request for an immediate reply. + +In order to leave no room for the slightest misunderstanding, and to +put an end to all false representations, the Government has summoned +not only Commandant Cronje, but also Commandant Potgieter, Commandant +Malan, Field-Cornet Maartens, Assistant Field-Cornet Van Vuuren, and +others, whose evidence appears to be of the greatest importance, and +places the matter in a clear and plain light. + +The information which the Government has found published in the +papers is of the following purport: + +'THE DOORNKOP SURRENDER: ALLEGED CORRESPONDENCE. + + '_London, Monday,_ 11.15 _a.m._ + +'Mr. Hawksley, the Chartered solicitor, who is defending Dr. Jameson, +published the following letter to-day, which passed between Sir John +Willoughby and Mr. Cronje, the Dutch Commandant at the time of the +Krugersdorp surrender: + +'_From Willoughby to Commandant._ + +'"We surrender, providing you guarantee a safe conduct out of the +country for every member of the force." + +'_From Cronje to Willoughby._ + +'"Please take notice, I shall immediately let our officers come +together to decide upon your communication." + +'_From Cronje to Willoughby._ + +'"I acknowledge your letter. The answer is, If you will undertake to +pay the expenses you have caused to the Transvaal, and will lay down +your arms, then I will spare the lives of you and yours. Please send +me reply to this within thirty minutes."' + +I have now the honour to enclose for the information of His +Excellency the High Commissioner and the British Government sworn +declarations of: + +1. Commandant Cronje, substantiated by Field-Cornet Maartens and +Assistant Field-Cornet Van Vuuren. + +2. Commandant Potgieter. + +3. Commandant Malan. + +4. J.S. Colliers, substantiated by B.J. Viljoen, and the interpreter, +M. J. Adendorff. + +These sworn declarations given before the State Attorney agree in all +the principal points, and give a clear summary of all the incidents +of the surrender, and from the main points thereof it appears, _inter +alia_: + +That the second letter, as published above, and which is alleged to +be from Cronje to Willoughby, was not issued from Cronje, but from +Commandant Potgieter, who has undoubtedly taken up the proper +standpoint, and has followed the general rule in matters of urgency, +such as the one in hand, and where the Commandant-General was not +present in person on the field of battle, first and before treating +wishing to consult with his co-commandants in as far as was possible. + +That a note such as appears in his declaration was sent by Commandant +Cronje. + +That neither Commandant Malan nor Commandant Potgieter were present +at the despatch of it. + +That the reply thereon from Willoughby was received by Commandant +Cronje, as appears in that declaration. + +That Commandant Cronje then, in compliance with the note sent by +Commandant Potgieter, as well as the other commandants and officers +mentioned in the declaration of Cronje, rode up. + +That Commandant Cronje then explained his own note. + +That thereupon also Commandant Malan joined his co-commandants and +officers, and at this time Commandants Malan, Cronje, and Potgieter +were present. + +That after consultation, and with the approval of Commandants Cronje +and Potgieter, Commandant Malan, by means of the interpreter +Adendorff, had the following said to Dr. Jameson: + +'This is Commandant Malan. He wishes you distinctly to understand +that no terms can be made here. We have no right to make terms here. +Terms will be made by the Government of the South African Republic. +He can only secure your lives to Pretoria, until you are handed over +to Commandant-General at Pretoria.' + +That Dr. Jameson agreed to these terms and accepted them. + +That thereupon by order of Dr. Jameson the arms were then also laid +down. + +That Commandant Trichardt then appeared with the orders of the +Commandant-General to himself. + +It now appears that these orders are those which were contained in +the telegram of which I already sent you a copy by my above-quoted +letter of the 4th March, 1896, and which, after the final regulation +of matters such as had then taken place, was not further acted upon +because as regards the surrender negotiations were in fact carried on +in accordance with the orders of the Commandant-General. + +While putting aside the question of the surrender there is little to +be said about the other points contained in the telegram under reply, +there is one which is considered of sufficient importance by this +Government to even still draw the attention of His Excellency the +High Commissioner thereto. His Excellency says: 'I may therefore +explain that an armistice had been agreed to pending my arrival.' + +The Government here can only think of one other misunderstanding, +they having at the time of the disturbances at Johannesburg never +recognized any acting party, for which reason therefore the +concluding of an armistice was an impossibility. + +In conclusion, I have to tender thanks both to His Honour the +Secretary of State and His Excellency the High Commissioner for the +unprejudiced manner in which they, as against insinuations of a low +character, have made known their feelings with respect to the good +faith shown by His Honour the State President in his negotiations in +connection with the question of the surrender of Dr. Jameson's force. + + I have, etc., + C. VAN BOESCHOTEN, + _Acting State Secretary_. + + _His Honour H. Cloete, + Acting British Agent, Pretoria._ + +_Appeared before me,_ HERMANUS JACOB COSTER, _State Attorney and +ex-officio J.P. of the South African Republic_, PIETER ARNOLDUS +CRONJE, _Commandant of the Potchefstroom District, who makes oath and +states:_ + +I was, together with H.P. Malan (Commandant of the Rustenburg +District), and F.J. Potgieter (Commandant of the Krugersdorp +District), one of the commanding officers of the burgher forces +in the fights against Jameson. When I noticed the white flag, I +instantly ordered De la Rey to approach the enemy. Instead of De la +Rey, Hans Klopper, one of the men of Commandant Potgieter, went. He +brought back a note from Willoughby to me. The contents of the note +were that if we left them to themselves he promised to withdraw over +the boundary. In reply I sent him per Hans Klopper the following +note: + +'John Willoughby,--I acknowledge your note, and this serves as reply, +that if you guarantee the payment of the expenses which you have +occasioned the South African Republic and surrender your flag +together with your weapons I will spare the life of you and yours. +Please send reply within thirty minutes.' + +When this reply was written by me neither Malan nor Potgieter were +present. Thereupon he answered that he accepted the terms, and +surrendered himself fully with all his arms into my hands. After +receiving Willoughby's answer, I rode to Jameson's troops in order to +meet the other commandants, in accordance with a note sent by +Commandant Potgieter to the enemy. I went with Field-Cornets Maartens +and Van Vuuren to Jameson's troops, and met Jameson. When I met him +I gave him to clearly understand our agreement namely that he must +plainly understand that the last clause was that I guaranteed his +life and that of his men until I had handed him over to General +Joubert. Thereupon I asked him if he was willing to lay down his flag +and his arms, to which he replied, 'I have no flag; I am willing to +lay down my arms.' Thereupon I asked him if he could declare upon +oath that he had no flag, whereupon he declared under oath that he +had no flag. Then Commandant Malan arrived, and then the three +commanding officers, Malan, Potgieter and I, were present on the +spot. + +Before I began speaking to Malan, Jameson called Willoughby to be +present. Thereupon Malan and I spoke together about the surrender +of Jameson. Whereupon Malan said, 'We can't decide anything here. +Jameson must surrender unconditionally, and he must be plainly given +to understand that we cannot guarantee his life any longer than till +we have handed him over to General Joubert.' I fully agreed with +Malan, and the interpreter Adendorff was then instructed by the three +commandants jointly to convey plainly in English to Jameson what the +three commandants had agreed upon. After this had been done, Jameson +bowed, took his hat off, and said in English that he agreed to the +terms. Thereupon he issued orders to Willoughby to command the +subordinate officers to lay down their arms. Then the arms were laid +down. Later on, after the arms had been laid down, Commandant +Trichardt arrived with orders from the Commandant-General, and his +terms were the same as those we had already laid down. + + + P.A. CRONJE. + +Sworn before me on this 7th day of March, 1896. + + +H. J. COSTER, +_State Attorney and Ex-officio J.P._ + + * * * * * * * + +We, the undersigned, Jan. Thos. Maartens, Field-Cornet of the Ward +Gatsrand, District Potchefstroom, and Daniel Johannes Jansen van +Vuuren, Assistant Field-Cornet of the Ward Bovenschoonspruit, declare +under oath that we were present at everything stated in the foregoing +sworn declaration of Commandant P.A. Cronje, and that that +declaration is correct and in accordance with the truth. + + + JAN. MAARTENS, + D.J.J. VAN VUUREN. + +Sworn before me on this the 7th day of March, 1896. + + + H. J. COSTER, + _State-Attorney and ex-officio J.P._ + + * * * * * * * + +_Appeared before me_, HERMANUS JACOB COSTER, _State Attorney and +ex-officio J.P. of the South African Republic_, FREDERICK JACOBUS +POTGIETER, _Commandant of the Krugersdorp District, who makes oath +and states:_ + +On the morning of January 2, I received a written report from the +enemy in which was stated that he would surrender, but that he must +be allowed to go back over the line. I answered thereon in writing +that I would call the officers together and would then immediately +notify him. The report received by me I immediately transmitted to +Commandant Cronje. A short time after I saw Commandant Cronje with +the burghers going towards the enemy. I thereupon also went towards +the enemy and met Commandant Cronje there. I then attended the +discussion as set forth in the declaration given by J.T. Celliers, +dated March 6, 1896, and confirmed by Messrs. Michiel Joseph +Adendorff and Benjamin Johannes Vilgoen. + +The purport of that discussion is correctly rendered. + + + F.J. POTGIETER, + _Commandant, Krugersdorp_. + +This sworn before me on this the 6th day of March, 1896. + + H.J. COSTER, + _State Attorney and ex-officio J.P._ + + * * * * * * * + +_Appeared before me_, HERMANUS JACOB COSTER, _State Attorney and +ex-officio J.P. of the South African Republic_, HERCULES PHILIPPUS +MALAN, _who makes oath and states:_ + +I was together with P.A. Cronje, Commandant of the Krugersdorp +District, one of the commanding forces in the fights against Jameson. +On the morning of January 2, a despatch rider from Commandant +Potgieter came up and informed me that Jameson had hoisted the white +flag, and that I must quickly attend a meeting with the other +commandants. When I came up to Jameson I found Cronje and Potgieter +there; and, as I saw that Cronje had been speaking to Jameson, I +asked Cronje 'What is the subject you have been speaking about? I +also wish to know it.' Cronje told me that he had agreed with Jameson +that Jameson would pay the expenses incurred by the State, and that +he (Cronje) would spare the lives of Jameson and his people till +Pretoria was reached. + +Thereupon I answered, 'We cannot make any terms here. We have not the +power to do so. Jameson must surrender unconditionally, and we can +only guarantee his life until he is delivered over by us into the +hands of the Commandant-General. Then he will have to submit to the +decision of the Commandant-General and the Government.' When I had +said this, Commandant Potgieter answered, 'I agree with that.' +And Commandant Cronje said, 'So be it, brothers.' Thereupon the +interpreter (Adendorff) was instructed to translate to Jameson +what had been spoken. He did so. Jameson thereupon took off his hat, +bowed, and replied in English that he agreed thereto. Jameson then +ordered Willoughby, who was present from the moment that I arrived, +to command the subordinate officers to disarm the men, and thereupon +the arms were given up. + + +H.P. MALAN, _Commandant._ + +Sworn before me on this the 9th day of March, 1896. + + + H.J. COSTER, + _State Attorney and ex-oficio J.P._ + + * * * * * * * + +_Appeared before me_, HERMANUS JACOB COSTER, _State Attorney and +ex-officio J.P. of the South African Republic_, JAN STEPHANOS +CELLIERS, _of Pretoria, who makes oath and states:_ + +I came up to Jameson and his troops on the second of January (after +Jameson had hoisted the white flag), together with B.G. Viljoen, +Krugersdorp, and another Viljoen, whose place of residence is unknown +to me. I asked one of Jameson's troopers where he was. He showed me +the direction and the place where Jameson was. Jameson thereupon +approached me, and I greeted him. While this took place Commandant +Cronje, the interpreter (Adendorff), and another man whose name is +unknown to me, came. Cronje was thereupon introduced by Adendorff, +who spoke English, to Jameson. Thereupon Cronje said to Jameson, 'I +understand that you and your men will surrender yourselves with your +flag and everything you possess?' Jameson said thereupon, 'I fight +under no flag.' + +Cronje then replied, 'Then I must believe you upon your word that +you have no flag?' Jameson then said, 'I declare under oath that I +possess no flag.' This conversation was interpreted word for word by +Adendorff. Shortly afterwards Commandant Malan also arrived there. He +asked, 'What is up here? Tell me the news also.' Then Cronje told +Malan that Jameson would surrender conditionally, whereupon Malan +said in effect, 'There can be no question of a conditional surrender +here, because we have no right to make terms. The surrender must take +place unconditionally. If terms must be made, it must take place at +Pretoria. We can only guarantee his life and that of his men as long +as they are under us, and until the moment when they are handed over +to the Commandant.' + +General Cronje answered thereupon, 'So be it, brother.' Then +Adendorff asked if he had to interpret this to Jameson, whereupon +Malan said, 'Yes,' and thereupon said in English to Jameson, 'This +is Commandant Malan. He wishes you to distinctly understand that no +terms can be made here. We have no right to make terms here. Terms +will be made by the Government of the South African Republic. He can +only secure your lives to Pretoria, until you are handed over to the +Commandant-General at Pretoria.' + +In reply, Jameson took off his hat, bowed, stepped backwards and +said, 'I accept your terms.' Thereupon Jameson ordered Willoughby to +command the subordinate officers that the troopers should lay down +their arms. The arms were then laid down. + + +J.S. CELLIERS. + +Sworn before me on the 6th March, 1896. + + + H.J. COSTER, + _State-Attorney and ex-officio J.P._ + +We, the undersigned, Benjamin Johannes Viljoen and Michiel Joseph +Adendorff, the persons mentioned in the preceding declaration, +declare under oath that the facts stated therein, which we witnessed, +as stated above, are true and correct. + + + B.J. VILJOEN. + M.J. ADENDORFF. + +Sworn before me on the 6th March, 1896. + + + H.J. COSTER, + _State-Attorney and ex-officio J.P._ + + * * * * * * * + + +COLONIAL OFFICE TO WAR OFFICE. + +_Downing Street, April 21, 1896._ + +SIR, + +I am directed by Mr. Secretary Chamberlain to request that you will +lay before the Marquis of Lansdowne the undermentioned papers on the +subject of the surrender of Dr. Jameson's force to the Boers. + +1. A despatch from Sir Hercules Robinson, enclosing sworn +declarations taken by the Government of the South African Republic. +A telegraphic summary of these declarations was laid before Dr. +Jameson, whose observations are contained in-- + +2. A letter from the solicitor for Dr. Jameson and his fellow +defendants. + +3. A despatch from Sir Hercules Robinson, enclosing a sworn +statement. + +Lord Lansdowne will observe from Sir H. Robinson's despatch of the +16th March that the declarations taken by the Government of the South +African Republic were submitted to the General Officer commanding at +the Cape, who gave his opinion that the surrender was unconditional. + +Mr. Chamberlain would be obliged if Lord Lansdowne would submit these +papers to his military advisers, and obtain from them their opinion +as to the terms of the surrender, which Mr. Chamberlain thinks was +completed on Sir John Willoughby's acceptance of Commandant Cronje's +terms, and was therefore subject to these terms and conditions. + + + I am, etc., + R. H. MEADE. + + * * * * * * * + + +WAR OFFICE TO COLONIAL OFFICE. + +Received April 28, 1896. + + _War Office, London, S.W., + April 27, 1896._ + +SIR, + +I am directed by the Secretary of State for War to acknowledge +receipt of your letter of the 21st inst., on the subject of the +surrender of Dr. Jameson's force to the Boers. + +In reply, the Marquis of Lansdowne, having consulted with his +military adviser, desires me to observe that, whatever position Mr. +Cronje may hold in the Transvaal army, he decidedly on the occasion +in question acted as an officer in authority, and guaranteed the +lives of Dr. Jameson and all his men if they at once laid down their +arms. + +The terms prescribed were accepted by Dr. Jameson's force, and they +surrendered and laid down their arms, and no subsequent discussion +amongst the Transvaal officers could retract the terms of this +surrender. + +I am therefore to acquaint you, for the information of the Secretary +of State for the Colonies, that the Secretary of State for War +concurs with Mr. Chamberlain in considering that the surrender was +completed on Sir John Willoughby's acceptance of Commandant Cronje's +terms, and was subject to these terms and conditions. + + I am, etc, + ARTHUR L. HALIBURTON. + + + + +APPENDIX H. + +SIR JOHN WILLOUGHBY'S REPORT TO THE WAR OFFICE. + + +The subjoined document is printed in the form in which it was +supplied to the author by a journalist, to whom it had been given as +a fair statement of the case. The marginal remarks are the notes made +by a member of the Reform Committee to whom it was shown. + +OFFICIAL REPORT OF THE EXPEDITION THAT LEFT THE PROTECTORATE AT THE +URGENT REQUEST OF THE LEADING CITIZENS OF JOHANNESBURG WITH THE +OBJECT OF STANDING BY THEM AND MAINTAINING LAW AND ORDER WHILST THEY +WERE DEMANDING JUSTICE FROM THE TRANSVAAL AUTHORITIES. By SIR JOHN C. +WILLOUGHBY, BART., Lieutenant-Colonel Commanding Dr. Jameson's +Forces. + +[After they had dated the 'urgent' letter, and had wired to Dr. +Harris (December 27): 'We will make our own notation by the aid +of the letter which I shall publish.'] + +On Saturday, December 28, 1895, Dr. Jameson received a Reuter's +telegram showing that the situation at Johannesburg had become acute. +At the same time reliable information was received that the Boers in +the Zeerust and Lichtenburg districts were assembling, and had been +summoned to march on Johannesburg. + +[The same time as he got the telegrams from Johannesburg and +messages by Heany and Holden on no account to move.] + +Preparations were at once made to act on the terms of the letter +dated December 20, and already published, and also in accordance with +verbal arrangements with the signatories of that letter--viz., that +should Dr. Jameson hear that the Boers were collecting, and that the +intentions of the Johannesburg people had become generally known, +he was at once to come to the aid of the latter with whatever force +he had available, and without further reference to them, the object +being that such force should reach Johannesburg without any conflict. + +[Twaddle--in the face of Hammond's, Phillips's and Sam Jameson's +wire not to move] + +At 3 p.m. on Sunday afternoon, December 29, everything was in +readiness at Pitsani Camp. + +The troops were paraded, and Dr. Jameson read the letter of +invitation from Johannesburg. + +He then explained to the force _(a)_ that no hostilities were +intended; _(b)_ that we should only fight if forced to do so in +self-defence; _(c)_ that neither the persons nor property of +inhabitants of the Transvaal were to be molested; _(d)_ that our sole +object was to help our fellow-men in their extremity, and to ensure +their obtaining attention to their just demands. + +Dr. Jameson's speech was received with the greatest enthusiasm by the +men, who cheered most heartily. + +The above programme was strictly adhered to until the column was +fired upon on the night of the 31st. + +Many Boers, singly and in small parties, were encountered on the line +of march; to one and all of these the pacific nature of the +expedition was carefully explained. + +[Start from Pitsani.] + +The force left Pitsani Camp at 6.30 p.m., December 29, and marched +through the night. + +At 5.15 a.m. on the morning of the 30th the column reached the +village of Malmani (39 miles distant from Pitsani). + +[Junction effected at Malmani with B.B.P.] + +Precisely at the same moment the advanced guard of the Mafeking +Column (under Colonel Grey) reached the village, and the junction was +effected between the two bodies. + +For details of the composition of the combined force, as also for +general particulars of the march to Krugersdorp, see sketch of the +route and schedule attached (marked A. and B. respectively). + +[Defile at lead-mines passed.] + +From Malmani I pushed on as rapidly as possible in order to cross in +daylight the very dangerous defile at Lead Mines. This place, distant +71 miles from Pitsani, was passed at 5.30 p.m., December 30. + +I was subsequently informed that a force of several hundred Boers, +sent from Lichtenburg to intercept the force at this point, missed +doing so by three hours only. + +[Letter from Commandant-General.] + +At our next 'off-saddle' Dr. Jameson received a letter from the +Commandant-General of the Transvaal demanding to know the reason of +our advance, and ordering us to return immediately. A reply was sent +to this, explaining Dr. Jameson's reasons in the same terms as those +used to the force at Pitsani. + +[Letter from High Commissioner.] + +At Doornport (91 miles from Pitsani), during an 'off-saddle' early on +Tuesday morning, December 31, a mounted messenger overtook us, and +presented a letter from the High Commissioner, which contained an +order to Dr. Jameson and myself to return at once to Mafeking and +Pitsani. + +[Reasons for not retreating.] + +A retreat by now was out of the question, and to comply with these +instructions an impossibility. In the first place, there was +absolutely no food for men or horses along the road which we had +recently followed; secondly, three days at least would be necessary +for our horses, jaded with forced marching, to return; on the road +ahead we were sure of finding, at all events, some food for man and +beast. Furthermore, we had by now traversed almost two-thirds of the +total distance; a large force of Boers was known to be intercepting +our retreat, and we were convinced that any retrograde movement would +bring on an attack of Boers from all sides. + +It was felt, therefore, that to ensure the safety of our little +force, no alternative remained but to push on to Krugersdorp to our +friends, who we were confident would be awaiting our arrival there. + +Apart from the above considerations, even had it been possible to +effect a retreat from Doornport, we knew that Johannesburg had risen, +and felt that by turning back we should be shamefully deserting those +coming to meet us. + +[They could not possibly _know_ it, because the rising--_i.e._ +the public arming and moving of men--only began at the very hour +they claim to have _known_ it, and because the first news from +Johannesburg only reached them 24 hours later by the two cyclists +'Oh what a tangled web we weave, when--'] + +Finally, it appeared to us impossible to turn back, in view of the +fact that we had been urgently called in to avert a massacre, which +we had been assured would be imminent in the event of a crisis such +as had now occurred. + +[_Vide_ the telegrams and messages to stop! How noble!] + +[Boer scouts.] + +Near Boon's store, on the evening of the 31st, an advanced patrol +fell in with Lieutenant Eloff, of the Krugersdorp Volunteers. This +officer, in charge of a party of 15 scouts, had come out to gain +intelligence of our movements. He was detained whilst our intentions +were fully explained to him, and then released at Dr. Jameson's +request. + +[First skirmish New Year's Eve.] + +At midnight (New Year's Eve), while the advanced scouts were crossing +a rocky wooded ridge at right angles to and barring the line of +advance, they were fired on by a party of 40 Boers, who had posted +themselves in this position. The scouts, reinforced by the advanced +guard, under Inspector Straker, drove off their assailants after a +short skirmish, during which one trooper of the M.M.P. was wounded. + +At Van Oudtshoorn's, early on the following morning (January 1), Dr. +Jameson received a second letter from the High Commissioner, to which +he replied in writing. + +At 9.30 a.m. the march was resumed in the usual day formation. After +marching two miles, the column got clear of the hills and emerged +into open country. + +[10.15 a.m.] + +About this time Inspector Drury, in command of the rearguard, sent +word that a force of about 100 Boers was following him about one mile +in rear. I thereupon reinforced the rearguard, hitherto consisting of +a troop and one Maxim, by an additional half-troop and another Maxim. + +[11 a.m.] + +About 5 miles beyond Van Oudtshoorn's store the column was met by two +cyclists bearing letters from several leaders of the Johannesburg +Reform Committee. These letters expressed the liveliest approval and +delight at our speedy approach, and finally contained a renewal of +their promise to meet the column with a force at Krugersdorp.{55} The +messengers also reported that only 300 armed Boers were in the town. + +This news was communicated to the troops, who received it with loud +cheers. + +When within two miles of Hind's store, the column was delayed by +extensive wire-fencing, which ran for one and a half miles on either +side of the road, and practically constituted a defile. + +While the column was halted and the wire being cut, the country for +some distance on both sides was carefully scouted. + +By this means it was ascertained that there was a considerable force +of Boers (1) on the left front, (2) in the immediate front +(retreating hastily on Krugersdorp), (3) a third party on the right +flank. + +The force which had been following the column from Van Oudtshoorn's +continued to hover in the rear. + +Lieutenant-Colonel White, in command of the advanced guard, sent back +a request for guns to be pushed forward as a precaution in case of +an attack from the Boers in front. By the time these guns reached the +advanced guard, the Boers were still retreating some two miles off. A +few rounds were then fired in their direction. Had Colonel White, in +the first instance, opened fire with his Maxims on the Boers, whom he +surprised watering their horses close to Hind's store, considerable +loss would have been inflicted; but this was not our object, for with +the exception of the small skirmish on the previous night, the Boers +had not as yet molested the column, whose sole aim was to reach +Johannesburg if possible without fighting. + +[1.30 p.m.] + +At this hour Hind's store was reached. + +Here the troops rested for one and a half hours. + +Unfortunately, hardly any provisions for men and horses were +available. + +[3 p.m.] + +An officers' patrol, consisting of Major Villiers (Royal Horse +Guards) and Lieutenant Grenfell (1st Life Guards) and six men, moved +off for the purpose of reconnoitring the left flank of the Boer +position, while Captain Lindsell, with his permanent force of +advanced scouts, pushed on as usual to reconnoitre the approach by +the main road. At the same time I forwarded a note to the Commandant +of the forces in Krugersdorp to the effect that, in the event of my +friendly force meeting with opposition on its approach, I should be +forced to shell the town, and that therefore I gave him this warning +in order that the women and children might be moved out of danger. + +[Friendly!] + +To this note, which was despatched by a Boer who had been detained at +Van Oudtshoorn, I received no reply. + +At Hind's store we were informed that the force in our front had +increased during the forenoon to about 800 men, of whom a large +number were entrenched on the hillside. + +[4.30 p.m.] + +Four miles beyond Hind's store, the column following the scouts, +which met with no opposition, ascended a steep rise of some 400 feet, +and came full in view of the Boer position on the opposite side of +a deep valley, traversed by a broad "sluit" or muddy water course. + +Standing on the plateau or spur, on which our force was forming up +for action, the view to our front was as follows: + +Passing through our position to the west ran the Hind's +store--Krugersdorp Road traversing the valley and the Boer position +almost at right angles to both lines. + +Immediately to the north of this road, at the point where it +disappeared over the sky-line on the opposite slope, lay the Queen's +Battery House and earthworks, completely commanding the valley on all +sides and distant 1,900 yards from our standpoint. + +Some 1,000 yards down the valley to the north stood a farmhouse, +surrounded by a dense plantation, which flanked the valley. + +Half-way up the opposite slope, and adjacent to the road, stood an +iron house which commanded the drift where the road crossed the +above-mentioned watercourse. + +On the south side of the road, and immediately opposite the +last-named iron house, an extensive rectangular stone wall enclosure +with high trees formed an excellent advanced central defensive +position. Further up the slope, some 500 yards to the south of this +enclosure, stretched a line of rifle-pits, which were again flanked +to the south by 'prospecting' trenches. On the sky-line numbers of +Boers were apparent to our front and right front. + +Before reaching the plateau we had observed small parties of Boers +hurrying towards Krugersdorp, and immediately on reaching the high +ground the rearguard was attacked by the Boer force which had +followed the column during the whole morning. + +I therefore had no further hesitation in opening fire on the +Krugersdorp position. + +[4.30 p.m.] + +The two seven-pounders and the 12-1/2 pounder opened on the Boer +line, making good practice under Captain Kincaid-Smith and Captain +Gosling at 1,900 yards. + +[It must have been here that the waggon-loads of dead Boers +weren't found.] + +[5 p.m.] + +This fire was kept up until 5 p.m. The Boers made practically no +reply, but lay quiet in the trenches and battery. + +Scouts having reported that most of the trenches were evacuated, the +first line consisting of the advanced guard (a troop of 100 men), +under Colonel White advanced. Two Maxims accompanied this force; a +strong troop with a Maxim formed the right and left supports on +either flank. + +Lieutenant-Colonel Grey, with one troop B.B.P. and one Maxim, had +been previously detailed to move round and attack the Boers' left. + +The remaining two troops, with three Maxims, formed the reserve and +rearguard. + +The first line advance continued unopposed to within 200 yards of the +watercourse, when it was checked by an exceedingly heavy cross-fire +from all points of the defence. + +Colonel White then pushed his skirmishers forward into and beyond the +watercourse. + +The left support under Inspector Dykes then advanced to prolong the +first line to the left, but, diverging too much to his left this +officer experienced a very hot flanking fire from the farmhouse and +plantation, and was driven back with some loss. + +Colonel Grey meanwhile had pushed round on the extreme right and come +into action. + +[5.30 p.m.] + +About this time Major Villiers' patrol returned and reported that the +country to our right was open, and that we could easily move round in +that direction. + +It was now evident that the Boers were in great force, and intended +holding their position. + +Without the arrival of the Johannesburg force in rear of the +Boers--an event which I had been momentarily expecting--I did not +feel justified in pushing a general attack, which would have +certainly entailed heavy losses on my small force. + +[When Celliers and Rowlands left them at 11 a.m. they had not +expected anyone. _Vide_ Cellier's report and Colonel H.E. White's +letter.] + +[6.15 p.m.] + +I accordingly left Inspector Drury with one troop and one Maxim to +keep in check the Boers who were now lining the edge of the plateau +to our left, and placed Colonel Grey with two troops B.B.P., one +12-1/2 pounder, and one Maxim to cover our left flank and continue +firing on the battery and trenches south of the road. + +I then made a general flank movement to the right with the remaining +troops. + +Colonel Grey succeeded in shelling the Boers out of their advanced +position during the next half-hour, and blew up the battery house. + +[Flank movement.] + +Under this cover the column moved off as far as the first houses +of the Randfontein group of mines, the Boers making no attempt to +intercept the movement. + +Night was now fast approaching, and still there were no signs of the +promised help from Johannesburg. I determined, therefore, to push +on with all speed in the direction of that town, trusting in the +darkness to slip through any intervening opposition. + +Two guides were obtained, the column formed in the prescribed night +order of march, and we started off along a road leading direct to +Johannesburg. + +At this moment heavy rifle and Maxim fire was suddenly heard from the +direction of Krugersdorp, which lay 1-1/2 miles to the left rear. + +We at once concluded that this could only be the arrival of the +long-awaited reinforcements, for we knew that Johannesburg had +Maxims, and that the Staats'-Artillerie were not expected to arrive +until the following morning. To leave our supposed friends in the +lurch was out of the question. I determined at once to move to their +support. + +[Long awaited! Why, this was only 6 hours since the cyclists left.] + +Leaving the carts escorted by one troop on the road I advanced +rapidly across the plateau towards Krugersdorp in the direction of +the firing, in the formation shown in the accompanying sketch. + +After advancing thus for nearly a mile the firing ceased, and we +perceived the Boers moving in great force to meet the column. The +flankers on the right reported another force threatening that flank. + +Fearing that an attempt would be made to cut us off from the +ammunition carts, I ordered a retreat on them. + +It was now clear that the firing, whatever might have been the cause +thereof, was not occasioned by the arrival of any force from +Johannesburg. + +[This is really magnificent!] + +Precious moments had been lost in the attempt to stand by our friends +at all costs, under the mistaken supposition that they could not fail +to carry out their repeated promises,{56} renewed to us by letter so +lately as 11 a.m. this same day. It was now very nearly dark. In +the dusk the Boers could be seen closing in on three sides--viz., +north, east, and south. The road to Johannesburg appeared completely +barred, and the last opportunity of slipping through, which had +presented itself an hour ago when the renewed firing was heard, was +gone not to return. + +[Bivouac, January 1.] + +Nothing remained but to bivouac in the best position available. + +But for the unfortunate circumstance of the firing, which we +afterwards heard was due to the exultation of the Boers at the +arrival of large reinforcements from Potchefstroom, the column would +have been by this time (7 p.m.) at least four or five miles further +on the road to Johannesburg, with an excellent chance of reaching +that town without further opposition. + +I moved the column to the edge of a wide vley to the right of the +road, and formed the horses in quarter-column under cover of the +slope. The carts were formed up in rear and on both flanks, and five +Maxims were placed along the front so as to sweep the plateau. + +The other three Maxims and the heavy guns were posted on the rear and +flank faces. + +The men were then directed to lie down between the guns and on the +side; sentries and cossack posts were posted on each face. +Meantime the Boers had occupied the numerous prospecting trenches and +cuttings on the plateau at distances from 400 to 800 yards. + +[9 p.m.] + +At 9 p.m. a heavy fire was opened on the bivouac, and a storm of +bullets swept over and around us, apparently directed from all sides +except the south-west. + +The troops were protected by their position on the slope below the +level of the plateau, so that the total loss from this fire, which +lasted about twenty minutes, was very inconsiderable. + +The men behaved with admirable coolness, and were as cheery as +possible, although very tired and hungry and without water. + +We were then left unmolested for two or three hours. + +[Midnight.] + +About midnight another shower of bullets was poured into the camp, +but the firing was not kept up for long. + +Somewhat later a Maxim gun opened on the bivouac, but failed to get +our range. + +[Thursday, January 2.] + +At 3.30 a.m. patrols were pushed out on all sides, while the force as +silently and rapidly as possible was got ready to move off. + +At 4 a.m. a heavy fire was opened by the Boers on the column, and the +patrols driven in from the north and east sides. + +Under the direction of Major R. White (assisted by Lieutenant +Jesser-Coope) the column was formed under cover of the slope. + +Soon after this the patrols which had been sent out to the south +returned, and reported that the ground was clear of the Boers in that +direction. + +The growing light enabled us to ascertain that the Boers in force +were occupying pits to our left and lining the railway embankment +for a distance of one and a half miles right across the direct road +to Johannesburg. + +I covered the movements of the main body with the B.B.P. and two +Maxims under Colonel Grey along the original left front of the +bivouac, and two troops M.M.P., under Major K. White on the right +front. + +During all this time the firing was excessively heavy; however the +main body was partially sheltered by the slope. + +Colonel White then led the advance for a mile across the vley without +casualty, but on reaching the opposite rise near the Oceanic Mine, +was subjected to a very heavy long-range fire. Colonel White hereupon +very judiciously threw out one troop to the left to cover the further +advance of the main body. + +This was somewhat delayed, after crossing the rise, by the +disappearance of our volunteer guide of the previous night. + +Some little time elapsed before another guide could be obtained. + +In the meantime, Lieutenant-Colonel Grey withdrew his force and the +covering Maxims out of action under the protection of the M.M.P. +covering troops, and rejoined the main body. + +[5 a.m.] + +At this juncture Colonel Grey was shot in the foot, but most +gallantly insisted on carrying on his duties until the close of the +action. + +Sub-Inspector Cazalet was also wounded here, but continued in action +until he was shot again in the chest at Doornkop. + +While crossing the ridge the column was subjected to a very heavy +fire, and several men and horses were lost here. + +I detailed a rearguard of one troop and two Maxims, under Major R. +White, to cover our rear and left flank, and move the remainder of +the troops in the ordinary day formation as rapidly forward as +possible. + +In this formation a running rear and flank guard fight was kept up +for ten miles. Wherever the features of the ground admitted, a stand +was made by various small detachments of the rear and flank guard. +In this manner the Boers were successfully kept a distance of 500 +yards, and repulsed in all their efforts to reach the rear and flank +of the main body. + +In passing through the various mines and the village of Randfontein +we met with hearty expressions of goodwill from the mining +population, who professed a desire to help if only they had arms. + +[8 a.m.] + +Ten miles from the start I received intelligence from Colonel Grey, +at the head of the column, that Doornkop, a hill near the +Speitfontein mine, was held by 400 Boers, directly barring our line +of advance. + +I repaired immediately to the front, Colonel White remaining with the +rear-guard. + +On arriving at the head of the column, I found the guns shelling a +ridge which our guide stated was Doornkop. + +The excellent dispositions for the attack made by Colonel Grey were +then carried out. + +The B.B.P., under Major Coventry, who I regret to say was severely +wounded and lost several of his men, attacked and cleared the ridge +in most gallant style and pushed on beyond it. + +About this time Inspector Barry received the wound which we have +learnt with grief has subsequently proved fatal. + +Chief-Inspector Bodle at the same time, with two troops M.M.P., +charged, and drove off the field a large force of Boers threatening +our left flank. + +The guide had informed us that the road to the right of the hill was +impassable, and that there was open and easy country to the left. + +This information was misleading. I afterwards ascertained that +without storming the Boer position there was no road open to +Johannesburg except by a wide detour of many miles to the right. + +[8.30 a.m.] + +At this moment Dr. Jameson received a letter from the High +Commissioner again ordering us to desist in our advance. Dr. Jameson +informed me at the same time of the most disheartening news, viz., +that he had received a message stating that Johannesburg would not +or could not come to our assistance, and that we must fight our way +through unaided. + +Thinking that the first ridge now in our hands was Doornkop, we again +pushed rapidly on, only to find that in rear of the ridge another +steep and stony kopje, some 400 feet in height, was held by hundreds +of Boers completely covered from our fire. + +This kopje effectually flanked the road over which the column must +advance at a distance of 400 yards. Scouting showed that there was no +way of getting round this hill. + +Surrounded on all sides by the Boers, men and horses wearied out, +outnumbered by at least six to one, our friends having failed to +keep their promises to meet us, and my force reduced numerically +by one-fourth, I no longer considered that I was justified in +sacrificing any more of the lives of the men under me. + +[Wonderfully considerate! seeing how they deliberately risked the +lives of thousands in Johannesburg when they started.] + +As previously explained, our object in coming had been to render +assistance, without bloodshed if possible, to the inhabitants of +Johannesburg. This object would in no way be furthered by a hopeless +attempt to cut our way through overwhelming numbers, an attempt, +moreover which must without any doubt have entailed heavy and useless +slaughter. + +[9.15 a.m.] + +With Dr. Jameson's permission, I therefore sent word to the +Commandant that we would surrender provided that he would give a +guarantee of safe conduct out of the country to every member of the +force. + +To this Commandant Cronje replied by a guarantee of the lives of all, +provided that we would lay down our arms and pay all expenses. + +In spite of this guarantee of the lives of all, Commandant Malan +subsequently repudiated the guarantee in so far as to say that he +would not answer for the lives of the leaders, but this was not until +our arms had been given up and the force at the mercy of the Boers. + +I attribute our failure to reach Johannesburg in a great measure to +loss of time from the following causes: + +(1) The delay occasioned by the demonstration in front of +Krugersdorp, which had been assigned as the place of junction with +the Johannesburg force. + +(2) The non-arrival of that force at Krugersdorp or of the guides to +the Krugersdorp-Johannesburg section of the road, as previously +promised by Johannesburg. + +(3) The delay consequent on moving to the firing of the supposed +Johannesburg column just before dark on Wednesday evening. + +[How is it that nothing was said of this to Celliers and Rowland; +nothing in the Letter of Colonel White and Dr. Jameson which they +wrote at 11 a.m. Wednesday; nothing in the message sent by Bugler +Valle, who was despatched on Thursday before daybreak _after_ the +Krugersdorp light? How is it that if the forces were to meet at +Krugersdorp Dr. Jameson telegraphed to Dr. Wolff to meet him +_en route,_ so as to decide whether to turn off _20 miles before +reaching Krugersdorp_ and march direct on Pretoria or go into +Johannesburg first?] + +I append (1) a sketch-map of the route from Pitsani to Krugersdorp, +marked A. This distance (154 miles) was covered in just under 70 +hours, the horses having been off-saddled ten times. The 169 miles +between Pitsani and Doornkop occupied 86 hours, during 17 of which +the men were engaged with the Boers, and were practically without +food or water, having had their last meal at 8 a.m. on the morning of +the 1st January at Van Oudtshoorn's, 17 miles from Krugersdorp. + +The average weight carried by each horse was 16 stone. + +(2) List of officers engaged in the expedition and composition of the +force marked B. From this it will be seen that there was a total of +494 men and officers (exclusive of staff). + +(3) Plans of engagements at Krugersdorp and Doornkop, and of the +bivouac on the night of January 1st. + +I cannot close this narrative without testifying to the very great +gallantry and endurance of all officers, non-commissioned officers, +and troopers under my command in the field and on the march under +most trying circumstances. + +COMPOSITION OF FORCE. + + Lieutenant-Colonel Sir John Willoughby, Royal + Horse Guards Commanding. + Major Hon. Robert White, Royal Welsh + Fusiliers Senior Staff Officer. + Major C. Hyde Villiers, Royal Horse Guards Staff Officer. + Captain Kincaid-Smith, Royal Artillery Artillery Staff Officer. + Captain Kennedy, B.S.A.C.'s Service Quartermaster. + Captain E. Holden, Derbyshire Yeomanry Assistant Quarter-Master. + Surgeon Captain Farmer, B.S.A. Co. } + Surgeon Captain Seaton Hamilton, late 1st Life } Medical Officers. + Guards } + Lieutenant Grenfell, 1st Life Guards Remount Officer. + Lieutenant Jesser-Coope, B.S.A. Co. Transport Officer. + Captain Lindsell, late Royal Scots Fusiliers In charge Scouts. + Major J.B. Stracey, Scots Guards } + Major Heany, B.S.A. Co. } Officers temporarily + Captain Foley } attached to Staff. + Lieutenant Harry R. Holden, late Grenadier } + Guards } + +OFFICERS OF MASHONALAND MOUNTED POLICE. + + Lieutenant-Colonel Hon. H.F. White, Grenadier + Guards Commanding. + Inspector Bodle (late 6th Dragoons) 2nd in command. + Inspector Straker, commanding A Troop. + Inspector Dykes, commanding B Troop. + Inspector Barry, commanding C Troop. + Inspector Drury, commanding D Troop. + Sub-Inspectors Scott and Cashel, A Troop. + Sub-Inspectors Tomlinson and Chawner, B Troop. + Sub-Inspectors Cazalet and Williams, C Troop. + Sub-Inspectors Murray and Constable, D Troop. + Artillery Troop--Inspector Bowden and Sub-Inspector Spain. + Regimental Sergeant--Major Abbott. + +BECHUANALAND BORDER POLICE. + + Lieutenant-Colonel Raleigh Grey, 6th Dragoons Commanding. + Major Hon. Charles Coventry 2nd in command. + Captain Gosling, commanding G Troop. + Sub-Lieutenants Hoare and Wood, commanding G Troop. + Captain Munroe, commanding K Troop. + Sub-Lieutenant McQueen, commanding K Troop. + Medical Officer Surgeon Garraway. + Veterinary Surgeon Lakie. + M.M. Police officers and men 372 Pitsani + Staff 13 camp. + Colony boys (leading horses, etc.) 65 + Horses 480 + Mules 128 + One 12-1/2-pounder, 6 Maxims, 6 Scotch carts, 1 Cape cart, + 2 grain waggons. + B.B. Police officers and men 122 Mafeking + Staff 1 column. + Drivers and leaders 10 + Horses 160 + Mules 30 + Two 7-pounders, 2 Maxims, 2 Scotch carts, 2 Cape carts. + + Officers and men 494 Totals. + Staff 14 + Drivers, leaders, etc. 75 + Horses 640 + Mules 158 + M.H. Maxims 8 + 12-1/2-pounder 1 + 7-pounder 2 + Scotch carts 8 + Cape carts 3 + +AMMUNITION. + + Rounds. + Carried by men and natives 50,000 Lee-Met. + Carried in Scotch carts and Cape carts 54,000 rifle. + ------- + Total 104,000 + ======= + + On the guns 17,000 Maxim. + In carts 28,000 + ------- + Total 45,000 + ======= + + On limber 44 12-1/2 + On one Scotch cart 80 pounders. + ------- + Total 124 + ======= + + On limbers 70 7-pounders. + In Scotch carts 172 + ------- + Total 242 + ======= + +The rifle ammunition used was that supplied by the Maxim firm for +their guns and also pellet powder. + +The powder used with the 12-1/2-pounder was that known as +'ballistite.' Rocket signals and limelights were carried, but +not used. + +EQUIPMENT CARRIED. + + On the Person. + (a) Rifle (10 rounds). + (b) Bandolier (60 rounds). + (c) Haversack (1/2 day's ration). + (d) Water-bottle filled. + + On the Saddle. + (a) Nosebag (5 lb. grain). + (b) Cloak on wallet. + (c) Rifle bucket. + (d) Patrol tin (with grocery ration). + (e) Leather axe-holder (every fourth man). + +Near-side wallet, 30 rounds and 1/2 day's rations. + +Off-side wallet, 20 rounds, tin dubbin, hold-all, and towel. + +Average weight carried by horse = 16 stone. + +Average weight carried by Scotch carts = 1,600 lb. + + +Footnotes for Appendix H + +{55} The letters are published in their proper place, and readers can +satisfy themselves as to whether they justify the above inference. + +{56} Note. July, 1899. In the Report of the Select Committee of the +House of Commons (No. 311 of 1897), page 298, are the following:-- + +Sir Henry Campbell Bannerman: "Did you understand that you were to +meet a considerable force at Krugersdorp coming from Johannesburg?" + +Sir John Willoughby: _Not when we started_ from Pitsani, but +certainly after the letters received from the cyclists. + + + + +APPENDIX I. + +MANIFESTO. + + +If I am deeply sensible of the honour conferred upon me by being +elected chairman of the National Union, I am profoundly impressed +with the responsibilities attached to the position. The issues to be +faced in this country are so momentous in character that it has been +decided that prior to the holding of a public meeting a review of the +condition of affairs should be placed in your hands, in order that +you may consider matters quietly in your homes. It has also been +decided that it will be wise to postpone the meeting which was to +have taken place on the 27th December until the 6th day of January +next. + +On that day you will have made up your minds on the various points +submitted to you, and we will ask you for direction as to our future +course of action. It is almost unnecessary to recount all the steps +which have been taken by the National Union, and I shall therefore +confine myself to a very short review of what has been done. + +THE THREE PLANKS. + +The constitution of the National Union is very simple. The three +objects which we set before ourselves are: (1) The maintenance of +the independence of the Republic, (2) the securing of equal rights, +and (3) the redress of grievances. This brief but comprehensive +programme has never been lost sight of, and I think we may +challenge contradiction fearlessly when we assert that we have +constitutionally, respectfully, and steadily prosecuted our purpose. +Last year you will remember a respectful petition, praying for the +franchise, signed by 13,000 men, was received with contemptuous +laughter and jeers in the Volksraad. This year the Union, apart +from smaller matters, endeavoured to do three things. + +THE RAAD ELECTIONS. + +First we were told that a Progressive spirit was abroad, that twelve +out of twenty-four members of the First Volksraad had to be elected, +and we might reasonably hope for reform by the type of broad-minded +men who would be elected. It was therefore resolved that we should do +everything in our power to assist in the election of the best men who +were put up by the constituencies, and everything that the law +permitted us to do in this direction was done. + +DISAPPOINTED HOPES. + +The result has been only too disappointing, as the record of the +debates and the division list in the Volksraad prove. We were +moreover told that public speeches in Johannesburg prevented the +Progressive members from getting a majority of the Raad to listen to +our requests, that angry passions were inflamed, and that if we would +only hold our tongues reform would be brought about. We therefore +resolved in all loyalty to abstain from inflaming angry passions, +although we never admitted we had by act or speech given reason for +legislators to refuse justice to all. Hence our silence for a long +time. + +THE RAILWAY CONCESSION NEXT. + +We used all our influence to get the Volksraad to take over the +railway concession, but, alas! the President declared with tears in +his voice that the independence of the country was wrapped up in this +question, and a submissive Raad swept the petitions from the table. + +THE FRANCHISE PETITION. + +Our great effort however was the petition for the franchise, with the +moderate terms of which you are all acquainted. This petition was +signed by more than 38,000 persons. What was the result? We were +called unfaithful for not naturalizing ourselves, when naturalization +means only that we should give up our original citizenship and get +nothing in return, and become subject to disabilities. Members had +the calm assurance to state, without any grounds whatever, that +the signatures were forgeries; and, worst of all, one member in an +inflammatory speech challenged us openly to fight for our rights, and +his sentiment seemed to meet with considerable approval. This is the +disappointing result of our honest endeavours to bring about a fusion +between the people of this State, and the true union and equality +which alone can be the basis of prosperity and peace. You all know +that as the law now stands we are virtually excluded for ever from +getting the franchise, and by a malignant ingenuity our children born +here are deprived of the rights of citizenship unless their fathers +take an oath of allegiance, which brings them nothing but +disabilities. + +THE BITTER CRY OF THE 'UITLANDER.' + +We are the vast majority in this State. We own more than half the +land, and, taken in the aggregate, we own at least nine-tenths of the +property in this country; yet in all matters affecting our lives, our +liberties, and our properties, we have absolutely no voice. Dealing +now first with the legislature, we find taxation is imposed upon +us without any representation whatever, that taxation is wholly +inequitable, _(a)_ because a much greater amount is levied from the +people than is required for the needs of Government; _(b)_ because it +is either class taxation pure and simple, or by the selection of the +subjects, though nominally universal, it is made to fall upon our +shoulders; and _(c)_ because the necessaries of life are unduly +burdened. + +ABUSE OF PUBLIC EXPENDITURE. + +Expenditure is not controlled by any public official independent of +the Government. Vast sums are squandered, while the Secret Service +Fund is a dark mystery to everybody. But, essential as the power to +control taxation and expenditure is to a free people, there are other +matters of the gravest importance which are equally precious. +The Legislature in this country is the supreme power, apparently +uncontrolled by any fixed Constitution. The chance will of a majority +in a Legislature elected by one-third of the people is capable of +dominating us in every relation of life, and when we remember that +those who hold power belong to a different race, speak a different +language, and have different pursuits from ourselves, that they +regard us with suspicion, and even hostility; that, as a rule, they +are not educated men, and that their passions are played upon by +unscrupulous adventurers, it must be admitted that we are in very +grave danger. + +TRIBUTE TO THE MODERATES. + +I think it is but just to bear tribute to the patriotic endeavours of +a small band of enlightened men in the Volksraad who have earnestly +condemned the policy of the Government and warned them of its danger. +To Mr. Jeppe, Mr. Lucas Meyer, the De Jagers, Mr. Loveday, and a few +others in the First Raad, leaving out the second Raad, we owe our +best thanks, for they have fought our battle and confirmed the +justice of our cause. But when we look to the debates of the last +few years, what do we find? All through a spirit of hostility, all +through an endeavour not to meet the just wants of the people, not +to remove grievances, not to establish the claim to our loyalty by +just treatment and equal laws, but to repress the publication of +the truth, however much it might be required in the public interest, +to prevent us from holding public meetings, to interfere with the +Courts, and to keep us in awe by force. + +THE POWERS OF THE EXECUTIVE. + +There is now threatened a danger even graver than those which have +preceded it. The Government is seeking to get through the Legislature +an Act which will vest in the Executive the power to decide whether +men have been guilty of sedition, and to deport them and confiscate +their goods. The Volksraad has by resolution affirmed the principle, +and has instructed the Government to bring up a Bill accordingly next +session. To-day this power rests justly with the courts of law, and I +can only say that if this Bill becomes law the power of the Executive +Government of this country would be as absolute as the power of the +Czar of Russia. We shall have said goodbye finally to the last +principle of liberty. + +PRESIDENT KRUGER INDICTED. + +Coming to the Executive Government, we find that there is no true +responsibility to the people, none of the great departments of State +are controlled by Ministerial officers in the proper sense, the +President's will is virtually supreme, and he, with his unique +influence over the legislators of the House, State-aided by an able +if hostile State Secretary, has been the author of every act directed +against the liberties of the people. It is well that this should be +recognized. It is well that President Kruger should be known for what +he is, and that once for all the false pedestal on which he has so +long stood should be destroyed. I challenge contradiction when I +state that no important Act has found a place on the Statute-book +during the last ten years without the seal of President Kruger's will +upon it; nay, he is the father of every such Act. Remember that +all legislation is initiated by the Government, and, moreover, +President Kruger has expressly supported every Act by which we and +our children have been deprived by progressive steps of the right to +acquire franchise, by which taxation has been imposed upon us almost +exclusively, and by which the right and the liberty of the Press and +the right of public meeting have been attacked. + +THE JUDGES AND THE LIBERTY OF THE SUBJECT. + +Now we come to the judicial system. The High Court of this country +has, in the absence of representation, been the sole guardian of +our liberties. Although it has on the whole done its work ably, +affairs are in a very unsatisfactory position. The judges have +been underpaid, their salaries have never been secure, the most +undignified treatment has been meted out to them, and the status +and independence of the Bench have on more than one occasion been +attacked. A deliberate attempt was made two years ago by President +Kruger and the Government to reduce the bench to a position +subordinate to the Executive Government, and only recently we had in +the Witfontein matter the last of the cases in which the Legislature +interfered with vested rights of action. The administration of +justice by minor officials, by native commissioners, and by +field-cornets, has produced, and is producing, the gravest unrest in +the country; and, lastly, gentlemen, + +THE GREAT BULWARK OF LIBERTY, + +the right to trial by jurymen who are our peers, is denied to us. +Only the burgher or naturalized burgher is entitled to be a juryman; +or, in other words, anyone of us is liable to be tried upon the +gravest charge possible by jurymen who are in no sense our peers, who +belong to a different race, who regard us with a greater or lesser +degree of hostility, and whose passions, if inflamed, might prompt +them, as weak human creatures, to inflict the gravest injustice, even +to deprive men of their lives. Supposing, in the present tense +condition of political feeling, any one of us were tried before a +Boer jury on any charge having a political flavour about it, should +we be tried by our peers, and should we have a chance of receiving +even-handed justice? + +THE SECRET SERVICE FUND. + +When we come to the Administration, we find that there is the +grossest extravagance, that Secret Service moneys are squandered, +that votes are exceeded, that the public credit is pledged, as it was +pledged in the case of the Netherlands Railway Company, and later +still in the case of the Selati Railway, in a manner which is wholly +inconsistent with the best interests of the people. + +SQUANDERING THE PUBLIC REVENUE. + +The Delagoa Bay festivities are an instance of a reckless disregard +of a Parliamentary vote; L20,000 was voted for those useless +festivities--about L60,000 was really expended, and I believe certain +favoured gentlemen hailing from Holland derived the principal +benefit. It is said that L400,000 of our money has been transferred +for some extraordinary purpose to Holland. Recently L17,000 is said +to have been sent out of the country with Dr. Leyds for Secret +Service purposes, and the public audit seems a farce. When the +Progressive members endeavoured to get an explanation about large +sums of money they were silenced by a vote of the majority +prompted by President Kruger. The administration of the public +service is in a scandalous condition. + +A CORRUPT LEGISLATURE. + +Bribery and corruption are rampant. We have had members of the Raad +accepting presents of imported spiders and watches wholesale from men +who were applying for concessions, and we have the singular fact that +in every instance the recipient of the gift voted for the concession. +We have the President openly stating that such acceptance of presents +was wholly moral. We have a condition of affairs in which the time +of the meeting of the Volksraad is looked upon as the period of the +greatest danger to our interests, and it is an open secret that a +class of man has sprung up who is in constant attendance upon the +members of the Volksraad, and whose special business appears to be +the 'influencing' of members one way or the other. It is openly +stated that enormous sums of money have been spent, some to produce +illegitimate results, some to guard against fresh attacks upon vested +rights. The Legislature passed an Act solemnly denouncing corruption +in the public service. One man, not an official, was punished under +the law, but nothing has ever been done since to eradicate the evil. + +AND A TAINTED CIVIL SERVICE. + +I think thousands of you are satisfied of the venality of many of our +public servants. I wish to guard against the assumption that all +public servants are corrupt. Thank God there are many who are able +and honourable men, and it must be gall and wormwood to these men to +find the whole tone of the service destroyed, and to have themselves +made liable to be included under one general denunciation. But there +can be no health in an administration, and the public morals must be +sapped also, when such things as the Smit case, and the recent +Stiemens case, go unnoticed and unpunished. + +TWO GLARING CASES. + +I think it right to state openly what those cases are. N.J. Smit +is the son of a member of the Government. He absented himself for +months without leave. He was meantime charged in the newspapers +with embezzlement. He returned, was fined L25 for being absent +without leave, and was reinstated in office. He is now the Mining +Commissioner of Klerksdorp. He has been charged in at least two +newspapers--one of them a Dutch newspaper, _Land en Volk_, published +within a stone's throw of the Government Office--with being an +'unpunished thief,' and yet the Government have taken no notice of +it, nor has he thought fit to bring an action to clear himself. In +the Stiemens case two officials in the Mining Department admitted in +the witness-box that they had agreed to further the application of a +relative for the grant of a piece of public land at Johannesburg on +condition that they were each to receive one quarter of the proceeds. +A third official, the Landdrost of Pretoria, admitted that he had +received L300 for his 'influence' in furthering the application; +yet no notice had been taken by the Government of their scandalous +conduct, and sad to say the judges who heard the case did not think +it their duty to comment strongly upon the matter. I have in my +possession now a notarial deed which proves that the Railway +Commissioner, the Landdrost, and the Commandant of Pretoria are +members of a syndicate whose avowed object is, or was, to wrest from +the companies their right to the 'bewaarplaatsen.' This shows what +is going on, and what is the measure of safety of title to property. +Those who should guard our rights are our worst enemies. In a law +introduced by the present Government, the Government, instead of the +Courts, are the final judges in cases of disputed elections. No +Election Committees are allowed. This operates against candidates +opposed to the Government, because the Government has virtually a +vast standing army of committee men, henchmen, officials being +allowed openly to take part in swaying elections, and the Government +being in a position, by the distribution of contracts, appointments, +purchase of concessions, the expenditure of Secret Service money and +otherwise, to bring into existence and maintain a large number of +supporters who act as canvassers always on the right side in times +of elections. + +NATIVE AFFAIRS. + +The administration of native affairs is a gross scandal and a source +of immense loss and danger to the community. Native Commissioners +have been permitted to practise extortion, injustice, and cruelty +upon the natives under their jurisdiction. The Government has allowed +petty tribes to be goaded into rebellion. We have had to pay the +costs of the 'wars,' while the wretched victims of their policy have +had their tribes broken up, sources of native labour have been +destroyed, and large numbers of prisoners have been kept in goal +for something like eighteen months without trial. It was stated +in the newspapers that, out of 63 men imprisoned, 31 had died in +that period, while the rest were languishing to death for want of +vegetable food. We have had revelations of repulsive cruelty on the +part of field-cornets. We all remember the Rachman case, and the +April case, in which the judges found field-cornets guilty of brutal +conduct to unfortunate natives; but the worst features about these +cases is that the Government has set the seal of its approval upon +the acts of these officials by paying the costs of the actions out +of public funds, and the President of the State a few days ago made +the astounding statement in regard to the April case, that, +notwithstanding the judgment of the High Court, the Government +thought that Prinsloo was right in his action, and therefore paid +the costs. The Government is enforcing the 'plakkerswet,' which +forbids the locating of more than five families on one farm. The +field-cornets in various districts have recently broken up homes of +large numbers of natives settled on 'Uitlanders'' lands, just at the +time when they had sown their crops to provide the next winter's +food. The application of this law is most uneven, as large numbers +of natives are left on the farms of the Boers. Quite recently a +well-known citizen brought into the country at great expense some +hundreds of families, provided them with land, helped them to start +life, stipulating only that he should be able to draw from amongst +them labour at a fair wage to develop his properties. Scarcely had +they been settled when the field-cornet came down and scattered the +people, distributing them among Boer farms. The sources of the native +labour supply have been seriously interfered with at the borders by +Government measures, and difficulties have been placed in the way of +transport of natives by railway to the mines. These things are all a +drain upon us as a State, and many of them are a burning disgrace to +us as a people. + +THE EDUCATION SCANDAL. + +The great public that subscribes the bulk of the revenue is virtually +denied all benefit of State aid in education. There has been a +deliberate attempt to Hollanderise the Republic, and to kill the +English language. Thousands of children are growing up in this land +in ignorance, unfitted to run the race of life, and there is the +possibility that a large number of them will develop into criminals. +We have had to tax ourselves privately to guard against these +dangers, and the iniquity of denying education to the children of +men who are paying taxes is so manifest that I pass on with mingled +feelings of anger and disgust. + +RAILWAYS. + +This important branch of the public service is entirely in the hands +of a corporation domiciled in Holland. This corporation holds a +concession, of course under which not only was there no adequate +control over expenditure in construction, but it is entitled to +charge and is charging us outrageous tariffs. How outrageous these +are will be seen from the admission made by Mr. Middelberg that the +short section of 10 miles between Boksburg and Krugersdorp is paying +more than the interest on the cost of the construction of the whole +line of railway to Delagoa Bay. To add these to its general revenue, +of which 10 per cent, is set aside as a sinking fund, and then to +take for itself 15 per cent. of the balance, the Company reports +annually to the Raad from Amsterdam in a language which is +practically foreign to it, and makes up its accounts in guelders, a +coinage which our legislators I venture to say know nothing of; and +this is independence. We are liable as guarantors for the whole of +the debt. Lines have been built entirely on our credit, and yet we +have no say and no control over these important public works beyond +the show of control which is supposed to be exercised by the present +Railway Commissioner. The Company in conjunction with the Executive +Government is in a position to control our destinies to an enormous +extent, to influence our relations internally and externally, to +bring about such friction with the neighbouring States as to set the +whole of South Africa in tumult. Petitions have been presented to the +Raad, but the President has constantly brushed these aside with the +well-worn argument that the independence of the State is involved in +the matter. It is involved in the matter, as all who remember the +recent Drifts question will admit. I have been told that it is +dangerous for the country to take over the railway, because it would +afford such an immense field for corruption. Surely this is the +strongest condemnation of the Government by its friends, for if it is +not fit to run a railway, how can it be fit to manage a whole State? +The powers controlling this railway are flooding the public service +with Hollanders to the exclusion of our own people, and I may here +say that in the most important departments of the State we are being +controlled by the gentlemen from the Low Country. While the innocent +Boer hugs to himself the delusion that he is preserving his +independence, they control us politically through Dr. Leyds, +financially through the Netherlands Railway, educationally through +Dr. Mansvelt, and in the Department of Justice through Dr. Coster. + +CUSTOMS AND TRADE. + +The policy of the Government in regard to taxation may be practically +described as protection without production. The most monstrous +hardships result to consumers, and merchants can scarcely say from +day to day where they are. Twice now has the Government entered into +competition with traders who have paid their licences and rents and +who keep staffs. Recently grain became scarce. The Government +were petitioned to suspend the duties, which are cruelly high, in +order to assist the mining industry to feed its labourers. The +Government refused this request on the plea that it was not in a +position to suspend duties without the permission of the Volksraad, +and yet within a few days we find that the Government has granted a +concession to one of its friends to import grain free of duty and to +sell it in competition with the merchants who have had to pay duties. +I do not attempt to deal with this important question adequately, but +give this example to show how the Government regards the rights of +traders. + +MONOPOLIES. + +It has been the steady policy of the Government to grant concessions. +No sooner does any commodity become absolutely essential to the +community than some harpy endeavours to get a concession for its +supply. There is scarcely a commodity or a right which has not been +made the subject of an application for the grant of a concession. We +all remember the bread and jam concession, the water concession, the +electric lighting concession, and many others, but I need only point +to the dynamite concession to show how these monopolies tend to +paralyse our industries. There may be some of you who have not yet +heard and some who have forgotten the facts connected with this +outrage upon public rights. + +STORY OF THE DYNAMITE CONCESSION. + +Some years ago, Mr. Lippert got a concession for the sole right to +manufacture and sell dynamite and all other explosives. He was to +manufacture the dynamite in this country. For years he imported +dynamite under the name of Guhr Impregne duty free. He never +manufactured dynamite in the country, and upon public exposure, the +Government was compelled to cancel the concession, the President +himself denouncing the action of the concessionnaire as fraudulent. +For a time we breathed freely, thinking we were rid of this incubus, +but within a few months the Government granted virtually to the same +people another concession, under which they are now taking from the +pockets of the public L600,000 per annum, and this is a charge which +will go on growing should the mining industry survive the persistent +attempts to strangle it. How a body charged with the public interests +could be parties to this scandalous fleecing of the public passes +comprehension. Then, the curious feature about the matter is that the +Government gets some petty fraction of this vast sum, and the +concessionnaires have on this plea obtained enormous advances of +public moneys from the Government, without security, to carry on +their trade. Shortly, the concessionnaires are entitled to charge +90s. a case for dynamite, while it could be bought if there were no +concession for about 30s. a case. It may be stated incidentally, that +Mr. Wolmarans, a member of the Government, has been for years +challenged to deny that he is enjoying a royalty of 2s. on every case +of dynamite sold, and that he has up to the present moment neglected +to take up the challenge. Proper municipal government is denied to +us, and we all know how much this means with regard to health, +comfort, and the value of property. The Statute Books are disfigured +with enactments imposing religious disabilities; and the English +language, the language spoken by the great bulk of the people, is +denied all official recognition. The natural result of the existing +condition of things is that the true owners of the mines are those +who have invested no capital in them--the Government, the railway +concessionnaires, the dynamite concessionnaires, and others. The +country is rich, and under proper government could be developed +marvellously, but it cannot stand the drain of the present exactions. +We have lived largely upon foreign capital, and the total amount of +the dividends available for shareholders in companies is ridiculously +small as compared with the aggregate amount of capital invested in +mining ventures. Some day the inevitable result upon our credit and +upon our trade will be forced upon us. + +HATRED OF THE SAXON. + +There is no disguising the fact that the original policy of the +Government is based upon intense hostility to the English-speaking +population, and that even against the enfranchised burgher of this +State there is the determination to retain all power in the hands of +those who are enjoying the sweets of office now, and naturally the +grateful crowd of relations and friends and henchmen ardently support +the existing _regime_; but there are unmistakable signs, and the +President fears that the policy which he has hitherto adopted will +not be sufficient to keep in check the growing population. It seems +the set purpose of the Government to repress the growth of the +industry, to tax it at every turn, to prevent the working classes +from settling here and making their homes and surrounding themselves +with their families, and there is no mistaking the significance of +the action of the President when he opposed the throwing open of the +town lands of Pretoria on the ground that 'he might have a second +Johannesburg there,' nor that of his speech upon the motion for the +employment of diamond drills to prospect Government lands, which he +opposed hotly on the ground that 'there is too much gold here +already.' + +THE POLICY OF FORCE. + +We now have openly the policy of force revealed to us. L250,000 is to +be spent upon the completing of a fort at Pretoria, L100,000 is to be +spend upon a fort to terrorize the inhabitants of Johannesburg, large +orders are sent to Krupp's for big guns, Maxims have been ordered, +and we are even told that German officers are coming out to drill the +burghers. Are these things necessary or are they calculated to +irritate the feeling to breaking point? What necessity is there for +forts in peaceful inland towns? Why should the Government endeavour +to keep us in subjection to unjust laws by the power of the sword +instead of making themselves live in the heart of the people by a +broad policy of justice? What can be said of a policy which +deliberately divides the two great sections of the people from each +other, instead of uniting them under equal laws, or the policy which +keeps us in eternal turmoil with the neighbouring States? What shall +be said of the statecraft, every act of which sows torments, +discontent, or race hatred, and reveals a conception of republicanism +under which the only privilege of the majority of the people is to +provide the revenue, and to bear insult, while only those are +considered Republicans who speak a certain language, and in greater +or less degree share the prejudices of the ruling classes? + +A STIRRING PERORATION. + +I think this policy can never succeed, unless men are absolutely +bereft of every quality which made their forefathers free men; unless +we have fallen so low that we are prepared to forget honour, +self-respect, and our duty to our children. Once more, I wish to +state again in unmistakable language what has been so frequently +stated in perfect sincerity before, that we desire an independent +republic which shall be a true republic, in which every man who is +prepared to take the oath of allegiance to the State shall have equal +rights, in which our children shall be brought up side by side as +united members of a strong commonwealth; that we are animated by no +race hatred, that we desire to deprive no man, be his nationality +what it may, of any right. + +THE CHARTER OF THE UNION. + +We have now only two questions to consider: _(a)_ What do we want? +_(b)_ how shall we get it? I have stated plainly what our grievances +are, and I shall answer with equal directness the question, 'What do +we want?' We want: (1) the establishment of this Republic as a true +Republic; (2) a Grondwet or Constitution which shall be framed by +competent persons selected by representatives of the whole people and +framed on lines laid down by them--a Constitution which shall be +safe-guarded against hasty alteration; (3) an equitable franchise +law, and fair representation; (4) equality of the Dutch and English +languages; (5) responsibility of the Legislature to the heads of +the great departments; (6) removal of religious disabilities; (7) +independence of the courts of justice, with adequate and secured +remuneration of the judges; (8) liberal and comprehensive education; +(9) efficient civil service, with adequate provision for pay and +pension; (10) free trade in South African products. That is what we +want. There now remains the question which is to be put before you at +the meeting of the 6th January, viz., How shall we get it? To this +question I shall expect from you an answer in plain terms according +to your deliberate judgment. + + CHARLES LEONARD, + _Chairman of the Transvaal National Union._ + + + + +APPENDIX K. + +THE CASE OF THE CHIEFTAINESS TOEREMETSJANI + + +On the reports which have appeared the case or cases of Toeremetsjani +_v_. P.A. Cronje, Jesaja _v_. P.A. Cronje and D.J. Schoeman, Segole +_v_. P.A. Cronje and J.A. Erasmus, have attracted, as well they +might, a good deal of attention. The following _resume_ and +commentary were compiled by a legal gentleman who was present during +the trial, but not professionally employed in it. + +The facts revealed in the evidence (writes our correspondent) speak +pretty well for themselves, but they were brought out into lurid +prominence in the cross-examination of Commandant Cronje by Mr. +Justice Jorissen. In order to make the case quite clear, it is as +well to state for the benefit of those who are not intimately +acquainted with things in the Transvaal that this Mr. Cronje, who +is now the Superintendent-General of Natives, is the same Cronje +concerning whose action in regard to Jameson's surrender there was so +much discussion. After the Jameson Raid, President Kruger, pursuing +his policy of packing the Executive with his own friends, decided to +put Cronje upon the Executive, for which purpose he induced General +Joubert to resign his position as Superintendent-General of Natives. +The President's intention becoming known to Raad members, the +strongest possible objection was expressed to this course as being +wholly unconstitutional and in direct conflict with the Grondwet; the +President in the first place having no right to add to the number of +Executive members and no authority for appointing any person to fill +a vacancy if there were one. Notice of motion was promptly given in +the Raad to instruct the Executive not to take the proposed course, +as the Raad felt that the privilege and power of appointing members +on the Executive rested with them alone. Twenty-four hours' notice +was requisite to bring a matter up for discussion before the Raad. +President Kruger hearing that notice had been given promptly called a +meeting of the Executive and appointed Mr. Cronje in defiance of the +notice of motion, so that when the motion came on for discussion on +the following day he replied to the Raad's instruction that it was +too late to discuss the matter, the appointment having been made. Mr. +Cronje, therefore, appears on the scene on this occasion without much +to prejudice the unbiassed reader in his favour. The circumstances of +the surrender of the Potchefstroom garrison, which was secured by +treacherously suppressing the news of the armistice between the two +forces (a treachery for which public reparation was afterwards +exacted by Sir Evelyn Wood), the treatment of certain prisoners of +war (compelled to work for the Boers exposed to the fire and being +shot down by their own friends in the garrison), the summary +execution of other prisoners, the refusal to allow certain of the +women to leave the British garrison, resulting in the death of at +least one, are matters which although sixteen years old are quite +fresh in the memory of the people in the Transvaal. The condition of +Dr. Jameson's surrender revived the feeling that Mr. Cronje has need +to do something remarkable in another direction in order to encourage +that confidence in him as an impartial and fair-minded man which his +past career unfortunately does not warrant. Commandant Trichard, +mentioned in this connection as a witness, was one of the commandants +who refused to confirm the terms accorded by Cronje to Jameson. Mr. +Abel Erasmus is a gentleman so notorious that it would be quite +unnecessary to further describe him. He is the one whom Lord Wolseley +described as a fiend in human form, and threatened to "hang as high +as Haman." Abel Erasmus is the man who had desolated the Lydenburg +district; the hero of the cave affair in which men, women, and +children were closed up in a cave and burnt to death or suffocated; a +man who is the living terror of a whole countryside, the mere mention +of whose name is sufficient to cow any native. Mr. Schoeman is the +understudy of Abel Erasmus, and is the hero of the satchel case, in +which an unfortunate native was flogged well-nigh to death and +tortured in order to wring evidence from him who, it was afterwards +discovered, knew absolutely nothing about the affair. The Queen, or +Chieftainess, Toeremetsjani, is the present head of the Secocoeni +tribe and the head wife of the late chief, Secocoeni. This tribe, it +will be remembered, was the one which successfully resisted the Boers +under President Burger and Commandant Paul Kruger--a successful +resistance which was one of the troubles leading directly to the +abortive annexation of the Transvaal. The Secocoeni tribe were +afterwards conquered by British troops, and handed over to the tender +mercies of the Boer Government upon the restoration of its +independence. + +It is necessary to bear these facts in mind in order to realise the +hideous significance of the unvarnished tale. + +Now to the trial. + +Mr. Advocate WESSELS, who acted for the natives, gauging pretty +accurately what the defence would be, called two witnesses to prove +the _prima facie_ case. Jesaja, one of the indunas flogged, whose +case was first on the roll, proved that he was flogged by order of +Commandant Cronje without any form of trial, and without any charge +or indictment being made against him, and that he received twenty-six +lashes, the extra one being given because he declined to say 'Thank +you' for the twenty-five. Commandant Trichard next gave evidence, and +from him Mr. WESSELS elicited that Cronje had gone through no form of +trial, but handed over Jesaja and the other twelve indunas to be +flogged by Erasmus and Schoeman. + +Advocate: Do you positively swear that Commandant Cronje specified +the sentence of twenty-five lashes each? + +Witness: Yes. + +Which answer was quite in accordance with the pleas of Erasmus and +Schoeman, who stated specifically that they administered the lashes +in accordance with the orders and sentence given by Commandant +Cronje. The Court held that a sufficient _prima facie_ case had been +made out by the plaintiff, and that the onus now lay on the +defendants to prove their case. The witnesses called were Commandant +Cronje and Mr. Stiemens, secretary to the former. Mr. Stiemens in his +evidence fully corroborated Trichard's evidence as to the passing of +the sentence by Cronje upon the indunas and the absence of any +form of trial; and nothing more need be said about this witness. With +Mr. Cronje's evidence, however, it is necessary to deal at length. +Mr. Cronje admitted under cross-examination that he had not observed +any particular form of trial, although, as was pointed out, the law +dealing with native trials stated specifically 'that the rules which +govern procedure in civilized courts shall be followed as closely as +possible.' He stated that as regards the Chieftainess, he called her +up and read over to her 'point by point' 'the indictment under +which she was charged,' which indictment, however, as he admitted, +consisted merely of a letter of complaint written by Field-cornet +Schoeman to him as Superintendent-General of Natives. He claimed +that no form of trial was necessary, inasmuch as he acted under the +authority of the President, who has supreme power over natives, and +was not obliged to observe any particular form of trial. 'Point by +point I read the charge,' to use his own words, 'against the woman, +and point by point I could see by her demeanour that she was guilty.' +As regards the thirteen indunas, Mr. Cronje admitted that he did not +know whether these were indunas. He considered them guilty, not +because they had done anything, but because in their position as +advisers of the Chieftainess they ought to have advised her better +than they appeared to have done. Instructions had therefore been +given to arrest these indunas, and they had caught as many as they +could. There was no evidence to show that they were indunas, or that +they were ever in a position to advise or had advised the +Chieftainess; in fact, it was admitted that they were a lot of +thirteen caught out of a tribe as one might catch so many sheep out +of a flock. Mr. Cronje denied that he had sentenced these men, and +repeatedly stated that he had handed them over to Erasmus and +Schoeman, to be dealt with according to law. + +Mr. WESSELS cross-examined the witness upon this point as follows:-- + +Advocate: I believe Commandant Trichard accompanied you on this +commission? + +Witness: Yes. + +Advocate: He was present throughout the whole proceeding? + +Witness: Yes. + +Advocate: He had every opportunity of knowing what took place and +what was said? + +Witness: Yes. + +Advocate: You will be surprised to hear that Mr. Trichard states that +you actually passed sentence upon the thirteen indunas in such words +as, 'I hand you over to the Native Commissioner and Field-cornet to +be dealt with according to law. And you instigators will get +twenty-five lashes each between the shoulders.' Do you positively +deny that you said anything about twenty-five lashes? + +Witness: Yes, I deny it. + +Advocate: Do you deny that you gave any indication or opinion as to +what ought to be done with these men? + +Witness: Yes. + +Advocate: Well, Mr. Cronje, I want to know which of you two the Court +is to believe, you or Commandant Trichard? + +Witness: Commandant Trichard has made a mistake. + +Advocate: No, no, no, Mr. Cronje, that won't do; there are no +mistakes in this business. I want you to tell the Court which of you +two men under oath is lying and which is telling the truth. + +Witness: Commandant Trichard is lying. + +(At this point there was some commotion in Court caused by Commandant +Trichard jumping up and making use of some expressions towards the +witness. The matter ended in a rather fierce altercation after the +Court adjourned.) It is only necessary to add that Mr. Stiemans, who +followed Cronje, fully corroborated Trichard's evidence. There were +many other interesting points brought out by Mr. WESSELS in his +cross-examination, but it is unnecessary to further detail this part +of the proceedings, as the same ground was covered by Mr. Justice +Jorissen, who took the witness in hand and whose cross-examination +brought out the salient features of the case with extreme vividness +and dramatic effect. The Judge first dealt with that portion of the +evidence relating to the so-called 'trial' of the Chieftainess. + +Judge: Mr. Cronje, in your evidence just now you said that you read +over to this woman the charge that was laid against her. 'Point by +point' you say you read it to her, and 'point by point you could see +by her demeanour that she was guilty.' Is that so? + +Witness: Yes. + +Judge: Very well, Mr. Cronje, I will take the indictment, 'point by +point,' as you did. Point the first, Mr. Cronje. (The Judge here read +the first of the seven clauses in Schoeman's letter which formed the +indictment.) Now kindly explain to me what there was in the woman's +demeanour which conveyed to you the idea that she was guilty on this +point. + +The witness became considerably embarrassed and did not answer. + +Judge: No answer, Mr. Cronje? Well, we will take point No. 2. (The +judge dealt with all the seven clauses in a similar manner, the +witness failing to make any answer throughout. After the last point +had been dealt with and remained unanswered, the Judge addressed the +witness again amid a most impressive silence in Court). + +Judge: Mr. Cronje, 'point by point' I have read to you the indictment +as you read it to the woman; 'point by point' I have asked you to +give me certain information; 'point by point' you have failed to make +any answer. Well, Mr. Cronje, I can only tell you this, 'point by +point' I shall set that down in my notes. (After an interval, during +which the Judge filled in his notes, the examination was resumed.) + +Judge: Now, Mr. Cronje, as I understand it, it was in consequence of +Field-cornet Schoeman's complaint to you as Superintendent-General of +Natives that you were sent by the Government to investigate the +matter? + +Witness: Yes. + +Judge: You called the woman up before you and read to her the +charges. + +Witness: Yes. + +Judge: You brought no evidence against her? + +Witness: No. + +Judge: You did not call upon Schoeman to produce any evidence against +her? + +Witness: No. + +Judge: His letter of complaint to you seemed sufficient? + +Witness: Yes. + +Judge: You did not give her any opportunity to bring evidence? + +Witness: It was not necessary. + +Judge: Oh, dear no; I quite understand that 'you could tell from her +demeanour that she was guilty.' But as a matter of form you did not +hear any evidence on her behalf? + +Witness: No. + +Judge: You just sentenced her out of hand. + +Witness: I sentenced her to pay a fine. + +Judge: And then as regards the thirteen indunas, if they were +indunas, as you deny sentencing them we need not refer further to +that point, but I put this to you--there was no evidence brought +against them? + +Witness: No. + +Judge: There was nothing to show that these men had ever advised the +woman or were in a position to advise her; in fact, as far as the +evidence goes, there was nothing to show that they even belonged to +the tribe, but in your opinion they ought to have advised her +differently, and you therefore sentenced them to twenty-five lashes +each. + +Witness: I did not sentence them, but handed them over to the proper +authorities to be dealt with according to law. + +Judge: Oh, no, Mr. Cronje, that is not how the case appears to me. +You came up to these people in the capacity of Judge, to do justice +as between man and man according to your lights, to follow the +procedure that is observed in civilized courts, to represent the +strength, the rights, and the responsibilities of this Republic, and +if we are to accept your evidence as true, you did not try the men +whom you were to have tried. You heard evidence neither for nor +against them, but you handed them over to--to whom, Mr. Cronje? Not +to the proper authorities, but to Erasmus and Schoeman, the other +parties in the case which you were sent up to try. It seems to me, +Mr. Cronje, that this is a case without parallel. + +There was no answer from the witness. + +Judge: One point more, Mr. Cronje, and I have finished. When you +handed over these men to be dealt with, did you notify them that they +had the right of appeal from any sentence that might be imposed upon +them? + +Witness: Yes, I did. + +Judge: Right! Now, Mr. Cronje, did you notify Erasmus and Schoeman +that they should stay execution of the sentence pending the hearing +of any appeal? + +After considerable pause the witness was understood to say "No." + +Judge: You did not tell these officials to stay execution? + +Witness: No. + +Judge: Then you merely gave these natives the right to appeal against +the sentence of lashes after they should have received the lashes? + +There was no answer from the witness. + +Judge: That will do, Mr. Cronje. I do not think that these people +have much reason to thank you for the leave to appeal. + +Cronje was followed in the witness-box by Stiemens, whose evidence is +already referred to, and the Court then adjourned. + +The next morning, shortly before the opening of the Court, the State +Attorney came down on behalf of the Government and arranged with +Plaintiffs' Counsel to adjourn for the day to enable parties to try +and settle the three cases out of Court. The Court thereupon +adjourned at the request of parties, and during the day the three +cases were settled on the following basis: The Government refunds +Toeremetsjani the L147 10s. with interest at 6 per cent, from the +date of payment by her to Erasmus, and pays her costs, to be taxed as +between attorney and client. + +The Defendants Cronje, Erasmus, and Schoeman, pay each of the +thirteen indunas who were flogged L25 as compensation, and pay the +costs of Jesaja and Segole, to be taxed as between attorney and +client. + + +POSTSCRIPT. + +One last touch of irony is needed to complete the story of the suits +brought by the Chieftainess Toeremetsjani and her indunas against +Messrs. Erasmus, Schoeman, and the rest. It seems that these same +gentlemen have actually been appointed by the Government to +'investigate matters' in the district where these Kaffirs live. Poor +Toeremetsjani and the unfortunate indunas, as a contemporary remarks, +may be expected to give a grovelling welcome. No more High Court for +them. + +The natives, by the way, interviewed since their return to the +kraals, state that they have not yet received the settlement +arranged. + +In connection with the above sample of justice to the natives it is +as well to recall another recent incident which has lately taken +place. Some natives being severely mishandled by the local +authorities, and being in consequence destitute of means to proceed +against them in law, applied to Court for leave to sue _in forma +pauperis_. This leave was granted. Immediately upon this becoming +known petitions were got up among the Boers, with the result that the +Volksraad some six weeks ago took a resolution instructing the +Government to immediately bring in a law forbidding the judges to +grant such leave, and making it impossible for a native to sue +Government or any white person _in forma pauperis_. Comment +(concludes the correspondent who sets out these various facts) is +superfluous. + + + + +APPENDIX L. + + 59, HOLBORN VIADUCT, LONDON, E.C. + _6th May, 1897._ + +REPORT ON THE LETTER WRITTEN ON A TORN TELEGRAM FORM SIGNED "F.R.", +BY MR. T.H. GURRIN, EXPERT IN HANDWRITING. + +Mr. THOMAS HENRY GURRIN, of 59, Holborn Viaduct, London, E.C., is a +professional expert in handwriting, recognized and employed by the +Director of Public Prosecutions, the Home Office, and the authorities +at Scotland Yard, and is constantly engaged by them in that capacity. +He is also frequently engaged in the same capacity by the Bank of +England and other public bodies. + +He has acted as handwriting expert in a very large number of civil +and criminal cases at sessions, assizes, and before the High Courts, +for over twelve years past, and can conscientiously say that his +experience in the identification of genuine handwriting and the +detection of forged and altered documents is very extensive. + +Mr. Gurrin begs respectfully to submit the following report:-- + +'Having been instructed by Mr. Braunstein, solicitor, of 27, Great +George Street, Westminster, I have examined a photograph of torn +portions of a letter written on a telegram form of the South African +Republic. + +'My attention has been directed to the evidence of Major Sir J.C. +Willoughby, appearing at page 302 of the Minutes, in which he has +given his version of the missing portions of this document. + +'I have compared this version of the missing words with the vacant +spaces, and I find that the words supplied in question 5,571 would +occupy, as near as can be estimated, the missing spaces, judging from +the other writing in the document. + +'I read the first portion of the document as follows:-- + + '"Dear Dr., + "The rumour of massacre in" + "Johannesburg that started you to our" + "relief was not true. We are all right;" + "feeling intense; we have armed" + "a lot of men. Shall (not 'I shall') be very glad" + "to see you. We are not in possession of" + "town." + +'Major Sir J.C. Willoughby reads line 6, "We (or the Boers)." It +cannot possibly be "the Boers," as the first letter is clearly a +portion of a capital "W," and corresponds with the first portion of +the "W" as made at line 3; and further, there would be no room for +the two words "the Boers," between the portion of the letter "W" and +the word "not." + +'Again, I am of opinion that the last word in line 6 was "of," as +there is still visible an ascending curved stroke corresponding to +that with which the writer terminates the letter "f." + +'With reference to the rest of the version as contained in question +5,573, I respectfully submit that the missing words supplied are +absolutely inconsistent with the spaces which these words would +occupy if written naturally by the same writer. + +'The words "I will bring at least three hundred" do not correspond +with the still existing marks on line 7. The portion of a letter +appearing in the middle of the line would not, as far as I can judge, +be a part of any of the words suggested which would come at the +centre of that line. It might be a part of a capital "W," or an +initial "p," or it might be a final "d" turned back to the left, and +the last letter in the line looks as though it was intended for an +"e." In support of this theory, I compare it with the "e" at the end +of the word "true" in line 3, and the "e" at the end of "intense," +line 4. The writer, when making a final "d," makes the latter +portion of the letter something like this, but in the instances in +this document he exerts more pressure than we find here, see, for +instance, the "d" in "started," at line 2, the "d" in "glad," in +line 5, and "d" in "armed," line 4. Besides, I cannot think that this +can be the end of the word "hundred," as, judging from the length of +the word "started," the word "hundred" would have occupied from the +third vertical line, and this would certainly leave no room for +the other words suggested in the version given by Major Sir J.C. +Willoughby, viz.: "We will bring at least, or about three." If the +words "will send out some," or "we will send out some," are written +in line 7 after the word "town," adopting, as nearly as possible, the +space that would have been occupied by the writer for these words, +they will just fill the line. In like manner, with regard to line 8, +there is just room after the words "men to" for the two words "meet +you," and the small mark appearing before the full stop might +have been the terminal of the letter "u," but it would have been +impossible to get into this small space the words "meet you at +Krugersdorp," and even if the words "meet you at" were omitted, and +if it be assumed that the word which originally stood there was +"Krugersdorp," then the mark appearing before the full stop could +not by any theory be construed as having been a portion of the +letter "p," as I have examined various specimens of Colonel Rhodes' +handwriting, and have seen him write specimens containing the letter +"p" and find that he does not terminate a "p" with any stroke of this +description, but that he terminates it inside the oval portion of the +letter near the downstroke. With regard to the rest of the line, the +last two letters appear to have been "ne," and there is a dot just in +the position that would apparently have been occupied by the dot had +the previous letter been "i." Consequently, I am of opinion that the +theory that the words "will send," or "we will send out some men to +meet you," "you are a fine fellow," is perfectly consistent with the +spaces left in the torn document, but that the theory that the words +which were originally in the spaces were "I will bring at least or +about three hundred men to meet you at Krugersdorp, you are a gallant +fellow," is not only inconsistent with the amount of space available, +but does not fit in with the letters and portions of letters still +visible. + + + 'T.H. GURRIN.' + +Contents of the letter according to a statement signed by Dr. +Jameson, Sir John Willoughby, Major Robert White and Colonel Raleigh +Grey:-- + +'The rumour of massacre in Johannesburg that started you to our +relief was not true. We are all right, feeling intense. We have armed +a lot of men. I shall be very glad to see you. We (or the Boers) are +not in possession of the town. I will bring at least, or about, 300 +men to meet you at Krugersdorp. You are a gallant fellow.' + +According to Colonel Francis Rhodes and Mr. Lionel Phillips, the +contents are as follows:-- + +'The rumour of massacre in Johannesburg that started you to our +relief was not true. We are all right, feeling intense. We have armed +a lot of men. Shall be very glad to see you. We are not in possession +of the town. We will send out some men to meet you. You are a fine +fellow.' + +'We, the undersigned, were present in the Reform Committee's room +when Colonel Rhodes despatched the letter to Dr. Jameson, which +commences, "Dear Dr.--The rumour of massacre." We read the letter, +but cannot now recall the exact words on the missing fragments; but +we do hereby declare on oath that there was no offer of 300 men, nor +of any other specific number of men, nor was the word Krugersdorp +mentioned. The spirit of the letter was to suggest that a few men +should or would be sent in the character of a complimentary escort to +show Dr. Jameson his camp. + + 'GEO. W. FARRAR. + 'S.W. JAMESON. + + 'As witness-- + 'J. Percy FitzPatrick. + 'Johannesburg, _10th April, 1897_.' + + + + + + + +End of Project Gutenberg's The Transvaal from Within, by J. P. 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