Chapter 11
With regard to the Aliens Expulsion Law, this, like the Press Law, ought to be estimated according to its spirit and operation. Since this law has come into force the State President has only on one occasion made use of the power vested in him of expelling an undesirable individual, and his action was endorsed by the approval of the Press and the public of the country. As similar laws exist in nearly every civilised country in the world, it is difficult to see why such a law in this Republic should prove so objectionable in the eyes of Her Majesty's Government.
With regard to Law No. 1 of 1897, and the dismissal of Chief Justice Kotze by virtue of its provisions, this Government can only state that it was with the bitterest regret that it felt itself compelled, in consequence of the arbitrary action of the said Chief Justice, to take comprehensive measures in order to prevent absolute constitutional and judicial disorder and chaos. It was an instance where a Chief Justice in conflict with a law existing for, at least, forty years, and in direct contradiction of his own decisions, suddenly adopted and applied a new principle, which affected the legality of the laws of the Republic, and produced real constitutional chaos. Would not any other Government under similar circumstances have done exactly what this Republic did, namely, pass a special law in this unusual case, in order to remove the exceptional difficulties?
This law was only applicable to this particular instance, and became inoperative immediately after its application; and this Government cannot understand how suspicion can therefore fall upon the impartial administration of Justice in this Republic. If the Government had acquiesced in the position taken up by the late Chief Justice, then all titles dependent upon Volksraad resolutions would have been called in question, which would not only have dealt a heavy blow to existing rights, but also have plunged the administration of Justice in great uncertainty and doubt.
By this law the Judges, instead of being brought under the influence of the Executive Council, were really placed in the same constitutional position as any Judge in the Supreme Court of England, who is unable to question the validity of any law.
This Government has now traversed the various contentions of Her Majesty's Government, which have been submitted in order to prove that the policy of this Government, with regard to the Uitlander population and the administration of the laws, especially on the gold fields, are the causes of the strained relationship at present existing between the two Governments.
This Government believes that this explanation and answer will clearly show that these causes are in no way sufficient to have resulted in the aforesaid tension. It is of opinion that the source of evil must be sought for elsewhere, and it trusts that Her Majesty's Government will not take it in bad part if it now proceeds to explain what the real root of the evil is from its point of view; and in the first place it remarks as a very noticeable and prominent fact that although there are thousands of subjects of other Powers in Johannesburg, there are few complaints heard from them or from their Governments about the so-called grievances of the Uitlanders. If these grievances existed in reality, and if they pressed equally on all so-called Uitlanders (and Her Majesty's Government does not contend that in this respect a difference is made between British subjects and subjects of other Powers), how does it happen that the complaints always come from British subjects, and that the subjects of other Powers, as a rule, express their sympathy with this Government and promise it their support?
But this Government wishes to go further. Even in regard to those Uitlanders who are British subjects, it is a small minority which, under the pretext of imaginary grievances, promotes a secret propaganda of race hatred, and uses the Republic as a base for fomenting a revolutionary movement against this Government. Ministers of Her Majesty have so trenchantly expressed the truth about this minority that this Government wishes to quote the very words of these Ministers with the object of bringing the actual truth to the knowledge of Her Majesty's Government, as well as to that of the whole world, and not for the purpose of making groundless accusations.
The following words are those of the Ministers of the Cape Colony, who are well acquainted with local conditions and fully qualified to arrive at a conclusion:--
"In the opinion of Ministers the persistent action, both beyond and within this Colony, of the political body styling itself the South African League in endeavouring to foment and excite, not to smooth and allay, ill-will between the two principal European races inhabiting South Africa is well illustrated by these resolutions, the exaggerated and aggravated terms of which disclose the spirit which informs and inspires them.
"His Excellency's Ministers are one in their earnest desire to do all in their power to aid and further a policy of peaceful progress throughout South Africa, and they cannot but regard it as an unwise propagandism, hostile to the true interests of the Empire, including this Colony as an integral part, that every possible occasion should be seized by the League and its promoters for an attempt to magnify into greater events minor incidents when occurring in the South African Republic, with a prospect thereby of making racial antagonism more acute, or of rendering less smooth the relations between Her Majesty's Government or the Government of this Colony and that Republic."
Race hatred is, however, not so intense in South Africa as to enable a body with this propaganda, aiming at revolutionary objects, to obtain much influence in this part of the world; and one continually asks oneself the question--"How is it that a body so insignificant, both in regard to its principles and its membership, enjoys such a large measure of influence?" The answer is that this body depends upon the protection and the support of Her Majesty's Government in England, and that both its members and its organs in the Press openly boast of the influence they exercise over the policy of Her Majesty's Government. This Government would ignore such assertions, but when it finds that the ideas and the shibboleths of the South African League are continually echoed in the speeches of members of H.M. Government, when it finds that blue books are compiled chiefly from documents prepared by officials of the South African League, as well as from reports and leading articles containing "malignant lies" taken from the Press organs of that organisation, thereby receiving an official character, then this Government can well understand why so many of Her Majesty's right-minded subjects in this part of the world have obtained the impression that the policy advocated by the South African League is supported by Her Majesty's Government, and is thus calculated to contribute to the welfare and blessing of the British Empire.
If this mistaken impression could be removed, and if it could be announced as a fact that the South African League, as far as its actions in the South African Republic are concerned, is only an organisation having as its object the fomentation of strife and disorder and the destruction of the independence of the country, then it would very soon lose its influence, and the strained relations existing between the two Governments would quickly disappear. The Africander population of this country would not then be under the apprehension that the interests of the British Empire imperatively demand that the Republic should be done away with and its people be either _enslaved_ or _exterminated_. Both sections of the white inhabitants of South Africa would then return to the fraternal co-operation and fusion which was beginning to manifest itself when the treacherous conspiracy at the end of 1895 awakened the passions on both sides.
APPENDIX D.
THE FINAL DISPATCH OF MR. STATE SECRETARY REITZ.
ENCLOSURE.
DEPARTMENT FOR FOREIGN AFFAIRS, GOVERNMENT OFFICE, PRETORIA, _3rd March_, 1899.
Sir,
Acknowledging the receipt of your letter of the 11th inst. _re_ the meeting of the South African League held in the Amphitheatre at Johannesburg on the 14th January, 1899, I have the honour to communicate the following to you.
The complaint that the Government, or its duly authorised officials, have acted with partiality in this matter is entirely devoid of truth, and this Government regrets that such an unfounded and insulting accusation should have been made nearly a month after the occurrence in question.
Messrs. Dodd and Webb have been duly arrested and committed for trial on account of what took place on the 24th December, 1898, upon sworn affidavits which left nothing else for the proper officials to do but to prosecute.
With reference to the Amphitheatre occurrence, not a single British subject has lodged a sworn complaint against anybody with the proper officials, so that it can hardly be expected that this Government should now take any steps against the alleged disturbers of the peace.
Regarding the accusation that officials of this Government have contributed to the instigation of uproar on the said occasion, this Government can only state that no complaints have been made to it or the proper authorities, either from British subjects or from subjects of other Powers, so that this Government, to its regret, can do nothing in this matter. In case, however, of such complaints being lodged with the proper authorities, the Courts of the country are open to them.
I have the honour to be, Sir, Your obedient servant, F.W. REITZ, _State Secretary._
_To_ THE HON. CUNYNGHAME GREENE, C.B.,
_British Agent, Pretoria._
APPENDIX E.
CONVENTIONS BETWEEN HER MAJESTY THE QUEEN AND THE TRANSVAAL OR SOUTH AFRICAN REPUBLIC.
SAND RIVER CONVENTION, 1852.
Minutes of a meeting held in the place of Mr. P.A. Venter, Sand River, on Friday, the sixteenth day of January, 1852, between Major W. Hogge and C.M. Owen, Esq., Her Majesty's Assistant Commissioners, for the settling and adjusting of the affairs of the eastern and north-eastern boundaries of the Colony of the Cape of Good Hope on the one part, and the following deputation from the emigrant farmers residing north of the Vaal River:
A.W.J. PRETORIUS, Commandant-General. H.S. LOMBARD, Landdrost. W.F. JOUBERT, Commandant-General. G.J. KRUGER, Commandant. J.N. GROBBELAAR, Raadslid. P.E. SCHOLTZ. P.G. WOLMARANS, Ouderling. J.A. VAN ASWEGAN, Veld-cornet. F.J. BOTES, do. N.J.S. BASSON, do. J.P. FURSTENBERG, do. J.P. PRETORIUS. J.H. GROBBELAAR. J.M. LEHMAN. P. SCHUTTE. J.C. KLOPPERS: on the other part.
The Assistant Commissioners guarantee in the fullest manner, on the part of the British Government, to the emigrant farmers beyond the Vaal River the right to maintain their own affairs, and to govern themselves according to their own laws without any interference on the part of the British Government, and that no encroachment shall be made by the said Government on the territory beyond to the north of the Vaal River, with the further assurance that the warmest wish of the British Government is to promote peace, free trade, and friendly intercourse with the emigrant farmers now inhabiting or who hereafter may inhabit that country, it being understood that this system of non-interference is binding upon both parties.
Should any misunderstanding hereafter arise as to the true meaning of the words "the Vaal River," this question in so far as regards the line from the source of that river over the Drakenberg shall be settled and adjusted by Commissioners chosen by both parties.
Her Majesty's Assistant Commissioners hereby disclaim all alliances whatever and with whomsoever of the coloured nations to the north of the Vaal River.
It is agreed that no slavery is or shall be permitted or practised in the country to the north of the Vaal River by the emigrant farmers.
Mutual facilities and liberties shall be afforded to traders and travellers on both sides of the Vaal River, it being understood that every waggon containing ammunition and firearms coming from the south side of the Vaal River shall produce a certificate signed by a British magistrate or other functionary duly authorised to grant such, and which shall state the quantities of such articles contained in said waggon to the nearest magistrate north of the Vaal River, who shall act in the case as the regulations of the emigrant farmers direct. It is agreed that no objection shall be made by any British authority against the emigrant Boers purchasing their supplies of ammunition in any of the British Colonies and possessions of South Africa, it being mutually understood that all trade in ammunition with the native tribes is prohibited both by the British Government and the emigrant farmers on both sides of the Vaal River.
It is agreed that so far as possible all criminals and other guilty parties who may fly from justice either way across the Vaal River shall be mutually delivered up if such should be required, and that the British courts as well as those of the emigrant farmers shall be mutually open to each other for all legitimate processes, and that summonses for witnesses sent either way across the Vaal River shall be backed by the magistrates, on each side of the same respectively, to compel the attendance of such witnesses when required.
It is agreed that certificates of marriage issued by the proper authorities of the emigrant farmers shall be held valid and sufficient to entitle children of such marriages to receive portions accruing to them in any British Colony or possession in South Africa.
It is agreed that any and every person now in possession of land, and residing in British territory, shall have free right and power to sell his said property and remove unmolested across the Vaal River, and _vice versâ_, it being distinctly understood that this arrangement does not comprehend criminals or debtors, without providing for the payment of their just and lawful debts.
This done and signed at Sand River aforesaid, this 17th day of January, 1852.
(Signed) A.W.J. PRETORIUS, Comdt.-General. H.S. LOMBARD, Landdrost. W.F. JOUBERT, Commandant-General. G.J. KRUGER, Commandant. W.I. HOGGE, Assistant Commissioner. C. MOSTYN OWEN, Assistant Commissioner. J.N. GROBBELAAR, R.L. P.E. SCHOLTZ. P.G. WOLMARANS, Ouderling. J.A. VAN ASWEGAN, Veld Cornet. F.J. BOTES. N.J.S. BASSON, Veld Cornet. J.P. FURSTENBERG, Veld Cornet. J.P. PRETORIUS. J.H. GROBBELAAR. J.M. LEHMAN. P. SCHUTTE. J.C. KLOPPERS. In presence of-- (Signed) JOHN BURNET, Clerk to the Civil Commissioner of Winburg. (Signed) J.H. VISAGIE, Secretary.
* * * * *
CONVENTION OF PRETORIA, 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 2. Her Majesty reserves to herself, her heirs and successors--(_a_), the right from time to time to appoint a British Resident in and for the said State, with such duties and 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 3. 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 4. 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 5. All sentences passed upon persons who may be convicted of offences contrary to the rules of civilised warfare committed during the recent hostilities will be duly carried out, and no alteration or mitigation of such sentences will be made or allowed by the Government of the Transvaal State without Her Majesty's consent conveyed through the British Resident. In case there shall be any prisoners in any of the gaols of the Transvaal State whose respective sentences of imprisonment have been remitted in part by Her Majesty's Administrator or other officer administering the Government, such remission will be recognised and acted upon by the future Government of the said State.
Article 6. Her Majesty's Government will make due 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 7. 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 Commissioner 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 8. For the purpose of distinguishing claims to be accepted from those to be rejected, the Sub-Commissioners will be guided by the following rules, viz.:--Compensation will be allowed for losses or damage sustained by reason of the following acts committed during the recent hostilities, viz., (_a_), commandering, 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 specially 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.