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1
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6
THE TRANSVAAL
FROM WITHIN
/
A Private Record of Public Affai
rs
BV
J. P. FITZPATRICK
Author of ' Thb Outspan.'
TORONTO :
WILLIAM BRIGGS
1900
AKmiilUiro, Oitiiwa. l-""ijttu oi
PREFACE
It was originally designed to compile a statement of the
occurrences of 1895-6 in the Transvaal and of the con-
ditions 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
Iransvaal since 1884, and lastly as Secretary of the Reform
Committee, felt impelled to do this, but suffered under the
disability of Tresident 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 con-
sidering 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
tH*
viU
PREFACE
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 them-
selves 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 oppor-
tune to contribute a new factor to th( < 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 mis-
understanding 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
cherefore 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
PKKFACE
l»
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.
I. 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 it by mischance there should be
found something in these pages which ssems 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 administra-
tion in the world. It is hardly necessary to say that there is no
intention to disparage them.
CONTENTS
PART I.— ^ PRIVATE RECORD.
CHM'TKU I.
IN KARLIER OATS
AFTER THE WAR
CHAPTER II.
•
CHAPIER III.
THE ORIGIN OK THE MOVEMENT
CHAPTER IV.
THE REFORM COMMITTEE
CHAPTER V.
THE COMMITTEE'S DILEMMA
THE INVASION
AFTER DOORNKOP
CHAPTER VI.
CHAPTER VII.
• •
CHAPTER VIII.
ARREST AND TRIAI Of THE REKORMERS .
11 EE IN GAOL
CHAPTER IX.
xili
• •
• •
• •
» »
I
44
117
137
«S»
173
200
a22
251
XIT
CONTENTS
PART 11.-^ POSTSCRIPT.
CHAPTER X.
THREE years' GRACE
CHAPTER XI.
THE BEGINNING OF THE END
TkCK
285
333
APPENDICES.
APPENDIX A .
* • »
Pretoria Convention.
APPENDIX B . .
■ • • • ,
London Convention.
APPENDIX c .
President Kruger's Affairs in the Raads.
APPENDIX D .
Volksraad Debates.
APPENDIX E .
' • • •
Malaboch.
APPENDIX F .
The Great Franchise Debate
APPENDIX G . .
Terms of Dr. Jameson's Surrender.
APPENDIX H .
Sir John Willoughby's Report to the War Ofiice.
APPENDIX I .
Manifesto.
APPENDIX K .
The Case of the Chieftainess Tocremetsjani.
APPENDIX
• • •
Report on the Letter written on a Torn Telegram Form
signed "F. R.," by Mr. T. H. Gurrin, P:xpert m Hand-
writing.
369
1
377
^*
38s
3S7
4
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'1
395
1
39^
1
404
411
423
432
43fi
PACE
285
333
%
I
369
377
385
387
PART I.
A PRIVATE RECORD.
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CHAPTER I.
IN EARLIER DAYS.
When, before resorting to extreme measures to obtain
what the Uitlanders deemed to be their bare rights, the final
aj)peal 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 con-
sideration 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/^tat c'est moi ' is almost as true of the old Dopper Pre-
sident 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 m.ore than passing
consideration to the incidents and negotiations of the present
year* — it must be clear that President Kruger does something
more than represent the oj^inion 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.
• Written in 1896.
THE TRANSVAAL FROM WITHIN
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 great-
ness 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 en-
lightenment 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 inter-
view, 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 whea 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
H
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IN EARLIER DAYS 3
blots and flaws, are all most plainly visible ; tlie coiruption,
the insincerity, the injustice, the barlxirity — all the unlovely
touches that will by-and-by be ftjrgotten — 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 Enj^land, 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 tra lition, teaching and
experience, must have regarded the English as their enemies ;
people in whom there must have been roused bitter resent-
ment 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 ; pic^ueering
in a rough but i-^^st 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
(v/ith few exceptions) they went, knowing that their Govern-
ment 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
/
THE TRANSVAAL FROM WITHIN
'■^
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, theic
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 genera-
tion of Boers, which could recall a condition of things con-
trasting 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
f
IN EARLIER DAYS 5
no distinction on the grounds of nationality between the two ;
for we read that F^igiishmen had been expelled the country,
thrown in gaol, had their property confiscated, and their news-
papers 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 :
1
I the
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:rary
1
irlier
1
ood ;
_
outh
:
have
;
have
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:ords
i
5oers
Joers
ilike
lors,
lade
Why, then, did these men abandon their homes, sacrifice wh.atcver
property could not be carrit;d away, and flee from iMr^lisli rule as from
the most hateful tyranny ? The causes are stated in a great mass of
correspondence addressed by tlicm to the Colonial Government, and
now preserved, with other colonial records, in declarations published
by some of them before leaving, in letters fo their relatives and to
newspapers, and in hundreds of pages of printed matter, prepared by
friendly and hostile hands. The declaration of one of llie 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
' I. 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 tlie
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 cviflcnce
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
peiiple, 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 siiall be forwarded to this colony for general
information ; bu' we take the opportunity of stating that it is our firm
6 THE t:t.i.
'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 w.as 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 liroader. It was deepened into positive
antipathy towards those missionaries who, following Dr. V^andcrkemp 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 colorii>ts,
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 iih
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 jjatriarchal way, moulded
on the records of the liible, 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 ; th.e
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
12
THE TRANSVAAL FROM WITHIN
certain. They trekked, and trekked and trekked again ; but
the flafT 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
uncom[)romising 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 (187S) organized to obtain a cancellation of the annexa-
tion. 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 !cnew 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 httle alarm and excitement {i.e., Cetewayo's
threatened invasior). Still, the Transvaal was disturbed throughout its
whole extent by the expectation of some pending cliange — a change
coming from the outside, which had been invited by an active, discon-
tented party, chieHy foreigners, dwellers in town^-, non-producers, place-
luniters, deserters, refugees, land-speculators, ' development-men,' and
IN EARLIER DAYS
13
jxa-
the
I
ayo
■1
•1
its
■T^'
on-
'.'
ce-
■^i
md
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 ;£2i5,ooo, 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 wliich, 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 com-
munities, 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
Shcpston J 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 gold fields,
was authority, even for a moment, defied. There the law vindicated
itself without having used violence or shed one drop of blood. Not
one siiijle public outrage, not one unpunished crime, marked this
period oi 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 miglit 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 gatliered from the heightening of the mystery, and the intensifying
of the e.\citem"nt. He listened to everyone ; but he maintained a
gloomy and impassive silence, neither checking the aspirations of the
am exationists, nor dissipating the forebodin;;^s of the farmers.
News arrived that tioons were i.-aicbing towiirds, and massing on,
^?».«l
M
THE TRANSVAAL FROM WITHIN
Ij ':
tlie 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, watcliing ihe writhings and strugglings 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 cracle 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. Antliony Trollope puts it, Sir Theophilus said : ' Then
and from thenceforth the Transvaal shall be British property I' 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 uncer-
tainty ; and he was congratulated, and very properly so, for the
manner in which he had brought to a conclusion his hazardous
mission.
I
4
Sir Theophilus Shepstone's despatches record his negotia-
tions 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 com-
pletion of it, and discussed the details with Shepstone, who
in turn had revised President Burgers' ' protest.'
On April 3, 1 877, 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,
IN EARLIER DAYS
15
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.
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 pec pie 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
CKpressed 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 dozei, 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
m:
If)
THE TRANSVAAL FROM WITHIN
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 annexa-
tion. 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 what-
ever 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 Volkssteni, 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 favour-
able, and we regret to say that we have found in the closing
scenes of our Legislature no reason to alter our opinions.'
li
\
IN EARLIER DAYS
17
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 manli-iess 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
ondition in which the country stood. . . .' And again,
jnder 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 dsy.
It is noteworthy ^)iat 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 pro-
claiming 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 tht
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 anc'
the Boers — who have lost the country, who have sold your indepen
dence 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.'
-I
' 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.'
* * * « * * c
i8
THE TRANSVAAL FROM WITHIN
' 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 rifjht of the strongest obtains here.' [Mr. Mare : 'This is not
true.'] 'Tlien it is not true what the honourable member, Mr. Breyten-
bach, 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 Zout-
pansberg, which are occupied by Kaffirs. Neither is it true, then, what
I saw with iiiv own eyes at Lydenburg, where the burghers f ad been
driven off their farms by the Kafi'irs, 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 Kaflirs 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 de-
moralised ; they are not what they ought to be.'
'To-day a bill for ;£i,ioo 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 uncon-
tradicted :
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
IN EARLIER DAYS
19
I-
independent, he answered that the Republic was itself the obstruction,
owwi^ 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 wen; 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 sub-
scribed for only one debenture, because Uicy 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 ;^2,25o
was due for interest, and there was not a penny to meet it.
)Osition
this or
)ed the
laining
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
'I'-H.
20
THE TRANSVAAL FROM WITHIN
questions, and show them that it was their duty to come to an arrange-
ment 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 liad failed to appreciate the reference, because it
amounted to this — that they must shut their eyes to everything, so as to
keep their independence.
•II
President Burgers, who left the Transvaal broken-hearted,
more by the cruel and mean intriguing and dissensions
among, and disloyalty of, his own peo[)Ie, 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 for-
merly 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 discliarged. 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 procla-
mation, 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
IN EARLIER DAYS
21
il ;l
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 his 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 \v:!S 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 Knfjhind 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 an-
nexation ; 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 Theo-
philus'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 :
aa
THE TliANSVAAL FROM WITHIN
Extract from Despatch, dated Utrecht, Transvaal,
January 29, 1878.
Sir 7". Shepstone to Sir H. Bulwer.
I'ax. 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 terri-
tory ; never before has there existed any bar to the farmers occupying
tiicir farms after an absence more or less temporary, caused by a tem-
porary 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'
'S
Had Sir T. Shepstone's power been as great as repre-
sented, it is fair to suppose that it would have been exerted,
and would have prevailed in support of his own adminis-
tration ; 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. Shep-
stone 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 Trans-
IN EARLIER DAYS
23
vaal, 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.
' 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 a^jain,
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 Frerc, 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 neignbour'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 testi-
mony 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
Wakkerstrom 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 deso-
lation. This will give your Excellency some idea of the mischief which
Cetewayo's conduct has caused.
94
THE TRANSVAAL FROM WITHIN
And again (April 30, 1878):
I find that Sccococni acts as a kind of lieutenant to Cetcwayo. He
received directions from the Zulu Kin^', and these directions are by
Secucoeni issued to the various Basuto tribes in the Transvaal.
I
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 Mac-
chiavelian 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 prose-
cution of the Kaffir wars. The Treasury was empty — save
for the much-quoted 12s. 6d. The Government ;^i bluebacks
were selling at is. 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 for-
tune, and incurred a very heavy liability, in the prosecution of
the unsuccessful Secocoeni v'^y. 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 syn-
chronized 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 elec-
"v*
■ \
I\ KARLIKK DAYS
as
11
ti'ons, as definitely promised ; the establishment of personal
rule by military men, who treated the liocrs with harshness
and contempt, and would make no allowance for their simple,
old-fashioned ways, their decp-scatcd 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 irrcconcilables to work with.
Daring the occupation period Mr. Kruger took office under
the liritish Government, as also did Dr. Jorissen and Chief
Justice (then Judge) Kotz6, 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 n(it
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 re-
fused an increased remuneration, for which he had repeatedly
applied. There can be but little doubt that had this induce-
ment 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 respon-
sibility 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
THE TRANSVAAL FROM WITHIN
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 Trans-
vaal, 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 Bertie Frere
from fulfilling his obligations to settle Transvaal matters.
In the meantime two deputations had been sent to Eng-
land, 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 per-
suasion, but largely also by a kind of terrorism.
Sir Bartle Frere, who managed at last to visit the Trans-
vaal, in April, 1879, had evidence of this on his journey up,
and in a despatch to Sir M. Hicks Beach from Standerton oo
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 ?. 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 Basatos. One of our
tv/elve sons was assegaied in sight of our house, within the last ten
IN EARLIER DAYS
27
years, by a marauding party ; and in my absence from the house, when
it was surrounded by Basutos, my wife had to fly in 1'.. .• night by herself,
leading one child and carrying another on her back. She walked nearly
.Ifty 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.'
/ find that this idea that the English Government will give up the Trans-
vaal, as it formerly did the Orange Free State, has been industriously
propagated, anil 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 Govern-
ment actively.
They argue that what has been done before may be done again, and they
have no feeling of assurance that i) they siand by the English Government
to-day they ivill 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 intelli-
gent 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 me", 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 diffir ily in conveying to the mass of the people
any idea of the real power '* C. eminent.
It is not possib'"* to pen a more severe and pregnant com-
ment on the aft.',r-p;.ii"y of England than that sug^-ested by
the italicized lines, vrilten as they were by En^'-"- "<- Pleni-
potentiary — 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
v.'arning, and the wise and cool-headec' old statesman in his
inmost soul h.id a premonitior of what eve ntuaii) occurred.
Sir Bartle Frere met the Boers "p che^.ir capip, .md discussed
with them their grievances. He-, irfuraic-d them that he had
no power to revoke the annexc.tior^ , a ;r woi Id he recommend
it, as, in his judgm.ent, such a course -ov-a be a reversion to
chaos and ruin. The Boers press "id i;teadily for nothing less
\^^
28
THE TRANSVAAL FROM WITHIN
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 he 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 —
chat I have no power to undo it, and do not believe that it will ever b*
undone, in the only sense in which they will ask it — I have, on the othei
hand, been shown the stubbornness of a determination to be content
with notliing else, for which I was not prepared by the general testi-
mony of officials who had been longer in the country, and who pro-
fessed 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 t!iat 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 minoritj 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 prospi^rity 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.
Viy 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
shou'd have considered it a greater misfortune than the death of a dozen
Piet Retiefs, or ITys, 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-niorrow,
and then I hope we shall have done with meetmgs and grievarices — for
the present a phrase which they carefully put into all references to
their breaking up, and which they evidently mean. // was ue ir to me
that ii was not the annexation, so much as the neglect to fulfil ,','.. promises
i
IN EARLIER DAYS
29
and the expectations held out by Shepstone when he took over the Govern-
ment, that has stirred up the great mass of the Boers, and given a handle ta
agitators.^
There it is in a single sentence ! It was not the annexa-
tion which caused the war ; for nine men in every ten
admitted that it was welcomed and justified by considera-
tions of general Sout-h African policy, or else simply in-
evitable. 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 consider-
able 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
.'' the people ; and no one who knows Sir T. Shepstone will believe
(h I. ' " did not take sufficient evidence to prove to any man that the
iloei .verc anxious to be extricated from the dilemma they wore in, and
rt^ll^ willing at that time tiiat their country should be annexed. Men
v^':- during the late war were our foes were at the time of the annexa-
♦; > • clamouring for it, welcoming Sir Thcophilus Shepstone as the
i .'iivere'- and saviour of the country. I mention Swart Dirk Uys, an
eminent Boer, v^ho fought against the English in 1880-81, as one
auiongst the hundreds and thousands who went out to meet Sir Theo-
philus Shepstone v.'ith palm branches in their hands.
The natural aversion of the people to English rule was overcome for
the moment by their greater aversion to bemg 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 t;ike upon their
shoulders the responsibility which rests upon every menilicr of a State.
The Boer Volksraad, after promising to appeal to tlieir constituents
on the subject of the new constitution proposed, almost immediately
P'4.>scd a measure, which was familiarly styled bv tlie people the ' Hou
jou sraoel law.' The literal translation of this term is ' Hold your
* Several of the letters and despatches given in this volume are quoted
from Mr. Martineau s excellent ' Life of Sir Bartle Frere,' a porlioii of
which book was lately published in cheaper form, under the title of
' The Transvaal Trouble and How it Arose.'
i^mimmmimim
30 THE tkaaSVAal from within
jaw.' In brief, it was an Act which made i-t high treason for any man
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 im-
pression that Sir Theophilus Shcpstone would be permitted to carry
out, and that he therei'oic would carry out, the promises lie made them.
As the programme was open before them, they had everything to gain
and nothing to l"
tion in 1884 disposed of this quarrel by fixing the south-
western boundaries of the Republic, and olacing 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 pro-
clamation 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
s»
THE TRANSVAAL FROM WITHIN
show that the intention of the Roers was to get to the sea,
and also that the unhicky Zulus, who had been broken by
the IJritish Goveninnent - and very ri^jhtly 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 bet n at their mercy
until the Imperial Government stepped in. It is very note-
worthy that, with the splendid exception of the lion-hearted
Pict 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 Govern-
ment's attentions. First, grazing concessions were obtained ;
and next, other concessions for the collection of Customs
and Revenue dues, for telegraphs, railways, banking, survey-
ing, 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 co-
operation. The secret service fund of the Republic provided
means for making the representatives of the Swazi nation =;ee
things in a reasonable light, so that when the time car^.
investigate the title to concessions and to arrange 1 .e
future administration of the country the result was a forv >ne
conclusion. The judge appointed by the Imperial Govern-
ment 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
I. .'^
AFTER THE WAR
53
Kaffir for "ad valorem duties" and " et cetera, et cetera
et cetera," or how you interpreted and explained the signifi-
cance of the "survey," " nnint," " 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), /^/6 — a commission to the
brokers or agents of 8 J per cent, at a time when the Com-
pany's previous issue of 4 per cents, were standing at £g7 in
the market. The costs of flotation were charged at upwards
of x^3 2,000 J the expenses of one gentleman's travelling, etc.,
;^6,ooo.
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,
^9,600 per mile. Two days later this contractor sub-let the con-
tract for £7,002 per mile. As the distance is 200 miles, the
Republic was robbed by a stroke of the pen of ;^5 19,600 —
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 diffi-
culty. 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 eye-opener even for them, and the startled community
AFTER THE WAR
71
began wondering what more might be in store for them —
the unfortunate tax-payers — who had to bear the brunt of
it all.
Turning to the finances of the country, the fol-
lowing f-^.bles are as instructive as anything can be :
REVENUE AND EXPENDITURE OF THE SOUTH AFRICAN
REPUBLIC
Fiscal period.
Aug. 1, 1871 to July 31, 1872 ...
I, 1872 „ Jan. 31, 1873
Feb. 1, 1873
„ I, 1874
,, h 1875
„ I, 1876
)) 1, i'^77
.\prili2, 1877
)iu., I, 1878
„ I, 1879
„ I, 1880
„ I, 1881
Aug. 8, 1881
Jan. I, 1882
„ I, 1883
„ I, 1884
April I, 1884
„ I, 1885
„ I, 1886
Jan. I, 1887
31. 1874
1) II 3*1
» I, 31.
1) 1) 3*1
„ April 12,
„ Dec. 31,
11 II 3^1
.. .. 3I1
11 II 3*1
„ Oct. 14,
„ Dec. 31,
II i. 311
,, Mar. 31,
11 II J^i
,1 ., 31,
II Dec. 31,
1H75 ...
1876 ...
1877 ...
1877 ...
187; ...
1878 ...
1879 ".
1880 ...
1881 ...
l8>ii ...
188? ...
1883 ...
1884 ...
1885 ...
1886 ...
1886 ...
Revenue.
£.
40.988 ...
43>23') ...
49,318 ...
5?,553 -..
64,.S82 ...
62,762 ...
25i732 ...
54,127 ...
76,774 ...
93-409 ...
174.060 ...
25,326 ...
37,908 ...
177,407 ...
143,324 ...
44,557 ...
101,596 ...
177,877 ...
196,236 ...
Expendi-
ture
£
35.714
41,813
45,482
61,785
69.394
64,505
I7i235
70,003
89,063
177,596
H+,943
180,707
33,442
114,476
184,344
18.922
184,820
162,709
154,636
Remarks
Gold discovered
in LydtiiDurg.
British Govt
Boer Govt.
31, 1887
I, 1888 „
1, 1889 „
I, 1890 „
I, 1891 „
1,1892 „
1, iJ'o? .,
I, I '^94 „
1. i^9?. ,1
1, 1 890 „
li 1897 „
1, 1898 „
1, 1899 „
„ 31, 1888 ... 884,440
„ 31, 1889 ... i,577i445
31, 1R90
31, 1801
31, 1892
3I1 1893 .
31, i8i>4 .
3I1 1895 .
31, i80 .
31, 1897 .
31, 1898 .
31, 1899 .
Sheba floated.
Rand proclaimed
Sept. 8, 1886.
637i749 ••• 5941834 Shares quoted
Johannesburg
Stock Exchange.
Telegraph
opened
Johannesburg
April 26, 1887.
720,492 Boom, Nov. 1888
1,201,135 to Jan. 1889.
Slump.Mar. 1889
1,229.061
967,192
1,255.830
,. 1,702,685
,. 2,247,728
.. 2,923,048
.. 3,912,095
.. 3,956,402
.. 3,329-958
,. 4,087,852
1,386,461
1,350,074
1,187,766
1,302,054
1.734.728
1,948,249
3.732,4<;2
3.898,816
3,476,844
3.951.234
Baring Crisis.
Railway reached
Johannesburg
Sept. 15.
(Budget).
The figures (or llic period from 1871 to the end of 1887 are taken from
The above has been brought up to date for publication, July, 1899.
72
THE TKANSVAAL FROM WITHIN
Jc'ppe's Transvaal Alinaiiu- for 1889. They reprosciil Ihu onlinary Revenue
and lv\pcn(litiire arrived at .after the dediietiim of llie items ' Sp /cial
Keccipts,' ' Speeial Depnsils,' 'Deposits Withdrawn,' 'Advances Ivefmided,'
'Advances made' and ' Fixed Deposits' from the totals ijiven in tiie Ofl'icial
Government Retinns,
Tlie li.mires for the years 1888 to 1899 are those of the piibHslied Govern-
ment Reliinis afler tlie deduction of —
Fixed deposits from 1SS8 to 1893 inclusive.
The sale and purchase of explosives from i;^c)5 to 1898 inclusive.
Tlie owner's share of claim licenses from 1(^93 to i!^99 inclu ive.
Delajfoa Bay Customs Dues paid to the Netherlands Railway for 1898
and 1899.
The dynamite mon"poly has always been a
Monopoly '^'^^^ 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 fore-
seen 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 2CX) 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 him-
self 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 intlustry and it was the more
ap|,>reciated 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 v/us revived in an
infinitely more obnoxious form. It was now called a Govern-
ment monopoly, but 'the agenc; ' was bestowed upon a partner
of the gentleman who had formerly owned the concession,
the President himself vigorously defending this course and
A'/IKR THE WAR
73
i^nDiing his own judj^ment on the case uttered a few months
previously. Land cii ]'olk^ tlic Pretoria Dutch newspaper,
exposed the whole of this transaction, including the system
of bribery by wliich the concessionaries secured their renewal,
and amon;,; other things made the charge which it has con-
tinued 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
ICxecutive Council, and that he continues to enjo>' this
remuneration, which is estimated now to be not far short of
^10,000 a year. Mr. VVolrnarans, 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 u[)on the Witwatersrand
Mines alone amounts to ,03oo,ooo per annum, and is, of
course, daily increasing.
The question of the franchise, which has
La^g achieved the greatest prominence in the Uitlander
agitation, is one with which few people even in
the Transvaal are familiar, so man)' 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. I 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 tlie 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 i8go 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 riq)caling those portions which may be at variance
74
THE TRANSVAAL FROM WITHIN
with or repujjnant to the imph'ed alterations, and this wa?
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 bicn 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
necessar)^' 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 codi-
fication 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 amend-
ment 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
'■ ■!
AFTKR THE WAR
75
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 di., 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 ts 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 pro-
vided 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 emascu-
' Except on the goldfields, where Ihe appointments are made by
Government.
76
THE TRANSVAAL FROM WITHIN
lated, and having attained the age lof 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 behnlf and should l>e 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 popu-
lation 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 em-
barrassed him in his endeavour to relieve them and aggra-
vated the position by raising the suspicions and opposition
of his Conservative faction.
In 1893 ^ 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,
Ai'.
AFTER THE WAR
77
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
fighting, 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-ii. creasing industrial p.pulation
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 ihe arm, walked into the m?F
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THE TRANSVAAL FROM WITHIN
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 any-
one 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 govern me it — 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 hij 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 build-
ings, tore it in shreds and trampled it under foot The
incident should have been ignored under the exceptionally
AFTER THE WAR
81
« Hi
trying condittons of the time, but the Government determined
tf. 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 H meeti/ig of burghers several months after this mcident,
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. Wher.
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, appre-
ciating 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 ia
absolute earnest. The references were repeated at various in-
tervals in the address and here explained by allusions to the
Scriptures and to the all-merciful God throu;^'h Whom even
the worst might hope to be redeemed, the inlerence clearly
being that even the Uitlander, by the grace of God (and, no
doubt, Mr. Kruger), might hope in time to approach the fit-
ness 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
r.
82
THE TRANSVAAL FROM WITHIN
to pay his taxes. Such wars arc 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 Com-
missioners. 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 iJi, 000,000 in the
Treasury, it was deemed to be an uncivilized and wholly un-
necessary 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 VVitwatersrand district, without doubt a col-
lision 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 tlie 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.
^
• u
f
AFTER THE WAR
«2
Every effort was made to prevent him from going. Amonj^
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 Johannes-
burg, 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 compensa-
tion for the treatment to which they had been subjected. In
this respect it is difficult to say that Sr Henry Lrch achieved
all that might have been exjjected from him. Possibly, to
insist on more than he did would have left President Kruger
no alternative b: t 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 enthu-
siastic 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 valking-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 Presi-
dent 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
I ,. Wh!LL,.L
^-iPWir;^,
r^m
84
THE TRANSVAAL FROM WITHIN
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 oy the Presi-
dent 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 I 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
laying, ' Ewald, what does this mean ? What do you write
things to me for ? Why don't you speak so that one can
inderstand ?'
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 ::^*-icultural show held on the Wit-
watersrand. Every precaution was taken to insure him a
good welcome, o»-, 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
.1
AFTER THE WAR
•5
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 respect-
ful, 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 Govern-
ment 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 promulga-
tion 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 Conces-
sion, 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 Vo/k, successfully sustained his allegation that the
•:|N!H^N'li
■ 1,1
ill
m
■■'1
If
86
THE TRANSVAAL FROM WITHIN
President had defrauded the State by charging heavy travelling
ex])enses for a certain trip on which he was actually the guest
of the Cape Colonial Government.^
The party in opposition to President Kruger, with General
Joubert at its head, mi^ht, for purposes of nomenclature, be
called the Progressive i'arty. 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 Indepen-
dence, and having then as he still has enthusiastic Boer
sympathies, volunteered for medical service during the war.
lie 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 ofificials 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
■ For Volksraad records on this subject see Appendix C.
!»
AFTER THE WAR
87
lodtjed 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 profjerly 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 suffi-
cient 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 objec-
tions 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 bemg conducted openly the
moral suasion and close supervision of the official (Krugerite)
party were very eflective. Mr. Esselen was declared to have
U<
I 11
ii
88
THS TRANSVAAL FROM WITHIN
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. Essclen'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 elect^ion
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, 7,88 1 ; Joubert, 7,009.
Objections were lodged by General Joubert, but, deprived
of the services of Mr. Essclen 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 concep-
tion of the meaning of fertr, aiid womM 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 cun-
nmg, 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 oflfice 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
I
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AFIER THE WAR
gratify himself and be approved by everyone— except iht-
recipients — appointed the most prominent supporters of his
rival in the Volksraad to be the official deputation towelcom
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 Uit-
landers, but old residents in the country who knew the IVier
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 Ihe time of the election would
stand by their professions when brought face to face with the
I'rcsident and his party in battle array.
The warning was too well warranted. The Volksra ' so
constituted was the one which rejected with sullen incivility
(to apply no harsher term) the petition of 40,000 U'tlanc'ers
for some measure of franchise reform. This Pro^rc. ..ive Raad
was also the t*- vhich passed the Bills curtailing the !'b. >'i.y
of the press, and prohibiting the holding of public rrvje'ings
and tht organization of election committees, and which dis-
tinguished itself by an attempt to wrest from the Hi;^h Court
the decision of a matter still sub judice — the cyanid* case.
In this case the mining industry had combined to test t;he
validity of certain patents.* In spite of attempts at reason-
able compromise on behalf of the mines, and these failing, in
spite of every effort made to expedice 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 them-
selves 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 v/ithout dispute for a certain period
should be unassailable on any grounds. There was a thin
attempt at disguising the purpose of this rr.easure, but so thin,
that not even the originators could keep up the pretence, and
the struggle was acknowledged to be one between the sup-
• 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 1
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porters of an independent court of justice and honest govern-
ment 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
till.' 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 ^vas done, but the revela-
tion 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.— 'n 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 Witwaters-
rand 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
y-eais of development on the Main Reef it became clear
AFTER THE WAR
i'nzt the banket beds, which were known to dip towards the
south, became gradually flatter at the lower levels, and, con-
sequently, 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 valu-
able. 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 pro-
vision 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 un-
fortunate 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 responsi-
bility, 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 nafl
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 groum . at stake. With regard to those areas
which had never bien 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 poUte ficdon, were those who, having no
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THE TRANSVAAL FROM WITHIN
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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 no-
tarial 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 pro-
minent 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 [893 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
4 • »
AFTEP THE WA«
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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 bewaarpiaatsen simply and solely through
oversight, and because at that time it never occurred to any-
one to suppose that the gold-bearing deposits would shelve
off and be accessible at such great distances from the outcrop
as where the bewaarpiaatsen 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 in-
fluence 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.'
' During the session of '96 the Volksraad decided to put the
bewaarpiaatsen 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 bewaarpiaatsen 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
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THE TRANSVAAL FROM WITHIN
One of the first concessions g^ranted by the Boer Govern-
ment 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 in-
dustry 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 witti
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, quicldy inflaming those who take it to madness, and causing the
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 un-
justifiable 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 over-
due 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 ' appUcants,' who have been described else-
where ; and the surface-owners, the mining companies, vvlio were
in possession. Only one of these parties had the slenderest claim to
compensation — namely, the companies, who must inevitably be dis-
turbed 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 tho
' applicants ' (who have allied themselves with the ' owner:* '), divide as
onmreusation th« proceeds of the ancti<»K •
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AFTER THE WAR
97
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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
iiffects 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 Depart-
ment, 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 o.
unfitness — for the duties which he was supposed to perform.
He was removed from office, and after considerable negotia-
tion 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 aamirable reforms were introduced, and
a very appreciable influence was exercised on the condition
of affairs in Johannesburg. It is inadvisable to state ex-
plicitly 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 Govern-
ment, Mr. Andrew Trimble, who in a very little while showed
that courage and honesty of purpose could not only effect
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THE TRANSVAAL FROM WITHIN
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 satisfac-
tion 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 Chambei
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
Ljoldfields, 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 repre-
sented 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 Govern-
ment 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
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AFTER THE WAR
99
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.^ 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 com-
munity stopped all agitation, and that a mood of sullen
opposition and discontent took its place. Hope was abso-
lutely 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 responsi-
bility of the Government for the maintenance of roads had
been indicated by a judgment for £1,000 damages, a law was
passed in defiance of the conditions of the Grondwet, which
stipulates for a period of notice and publication for proposed
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ICO
THE TRANSVAAL FROM WITHIN
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enactments, absolving the Government from all damages of
this nature.
I^Iore than once laws were passed with retroactive effect —
truly one of the grossest abuses possible for a civili/ed
Government. But perhaps the most startling case of all
was that concerning the proclamation of the farm Witfon-
tein. This farm had been proclaimed a public digging
open for pegging on a certain hour of a certain day. An
unprecedented rush of j^cggers 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, ?nd decided to
give out the claims by means of lottery. Numbers of pro-
spectors pegged out claims notwithstanding this, and the
prospect of legal dikflculties 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 Govern-
ment 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 lampering with the
Grondwet and members appeared ready to act on the dic-
tates 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 tlie
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
AFTER THE WAR
lOl
out to hij Hottentot servant who accompanied him. Rach-
mann 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 ;^40 pending the appeal, llis protests were dis-
regarded and he was flogged. Not being a native in the
sense in which the law uses the term — /.., 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 inilicted with full knowledge of its illegality
Rachmann sued Mr. George Meyer, the Field-cornet in ques-
tion, in the Circuit Court and obtained judgment and a
considerable sum in damages, the presiding judge. Dr.
Jorissen, animadverilng with severity upon the conduct of
the official. Meyer shortly afterwards obtained from Govern-
ment 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 v/hich 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, 'Notwithstand-
ing the judgment of the High Court, we consider Prinsloo
to have been right.'
Actions of this kind have a distinct and very evil influence
ui:>on the supply of native labour. No attempt is made to
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THE TRANSVAAL FROM WITHIN
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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 depart-
ment with a highly-paid ofificial at its head to organize supply.
It would inadequately describe the position to say that the
Government have rendered the Chamber of Mines no assist-
ance. 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 gn route. In one case an
effort was made by certain mine-owners to meet the difificulty
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 tht^ opposite. It provides that
not more than five families may reside upon one farm, the
'family' being an adult male with or without 'A'omen 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 con-
ditions 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,
U'i
AFTER THE WAR
>03
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 Govern-
ment 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
pi^ycon-holed throughout 1894 and 189$, 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 t'oriii-
coming. 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.^
' (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
: ■ l^i#
'' • ,
iiii
i|. ...
r^m
104
THE TRANSVAAL FROM WITHIN
It has b(>(;n 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 utiii/.ing every opportunity for personal advantage.'
oil tlic liill then outside the town), and fcr some monetary assistance.
A fmul was also publicly subscribed and the hospital built. F"or the
maintenance of the iiospital two plans were adopted : one, the collection
of funds once a year, i.e., Hospital Saturday, a source which had
yielded steadily between ;^2,ooo and ;^3,ooo; two, having in view
the immense number of native cases which required treatment and
tiie extent to which a native is responsible for unsanitary conditions, it
was proposed to impose upon them a fee of is. 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, althouj^h accepting the plan proposed by the
Uitlanders and for a considerable time carrying it out faithfully, did not
establish tiie right permanently but adoptedf the formality of voting the
proceeds of the pass-fee year by year. There came a year when the
Kaad in its wisdom decided that this source .:f revenue was too pre-
carious for so wortiiy an object as the hospital, and they decided to
vote instead an annual subsidy of ;^30,ooo. It was then known that
tiie fees of the past year iiad amounted to over ;£[4o,ooo 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 Fass Department was proposed, the Government inquired how
it was suggested to maintain it. The Chamber of Mines proposed
to raise the pass fee from is. 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 t!ie department was being run at a cost of slightly
over ;£i2,ooo a year, whilst the proceeds of the shilling reached the
respectable total of ;^i5o,ooo a year. The Government, therefore,
by a breach of agreement, make ;£i 38,000 a year out of the
pass fund, and £120,000 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
establislied a fund, which although nominally paid by the natives really
lias to be made up to them in wages, they were entitled to the benefit
of that fund.
' 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 ! '
]l
At* IKK I HE WAK
105
To the uninitiated it may well be a puzzle that President
Kruger should encouraj^c a system aiming so directly at the
strangling of an industry which Is the mainstay of the countr)-;
but in order to appreciate his motives it Is necessary to sec
tilings from his point of view. He and his p.irty are not
desirous of cheaijcning the cost of production. lie 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 jjroclaim as a jniblic
field the town lands of Pretoria — that is to say, to enable the
public t'^ prospect, r-d if results warranted, to open up mines
on the lands — som«. 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 Witwaters-
rand at your very feet'
In January, 1891, the average wage for native labourers
was £2 2s. per head per month. In 1893 it had risen to
£2 1 8s. lod., in 1895 to £s 3s. 66. 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 Govern-
ment 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 .^i 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 ;^i a month
— that is, to £2 3s. 6d. — would mean an annual saving of
;C650,ooo, 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 calamitv.
io6
THE TRANSVAAL FROM WITHIN
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 Ham-
burg 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, 189s, 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 achantages 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
beiiave 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.
L' I
t.
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 sei^vice 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 dis-
satisfaction 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 Treasurj'
and charged to the secret service fund, the handling of which
was entrusted to this gentleman. Dr. Leyds' perscnai
M
AFTER THE WAR
m7
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 ; ani) 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 ii stant dismissal of the * conceited young
popinjay' who had dared to criticise his masters. The
President, however, who had been described as an ignorant,
nanow-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 wa.^ a capable young fellow and would
"-- "■'"■
io8
THE TLANSVAAL FROM WITHIN
know better in course of time, and explaining to him person-
ally that he would keep him tliere 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 <"he question of the
release on bail of the reform prisoners seemed to be of some
moment, a well-known Pretoria man, friendly to the Govern-
ment, 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
I'^aure's staff, on hearing that Dr. Leyds had gone to Berlin
to consult a physician, inquired what the ailment was? ' Mai
de gorge,' was the reply. 'Ah,' ;^aid the offlcer, ' 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 he Government
unnecessarily burdening the Uitlanders and unjustifiably
AFTER THE WAR
109
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. Kru^xr the
sole master of electioneering machinery, namely, the Govern-
ment 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 intro-
duction 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 f 'ims of money expended before
shareholders could reap one pennyworth of profit would be
I,
IIJ
THE TIUNSVAAL FROM WITHIN
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 Ihem. 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 farm? 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 ;^20 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 per-
sonally resided on his farm, and especially and definitely
taxing those farms which are owned by companies, associa-
tions, corporations, or partnerships. The Boer, it is well
known, takes no shares in companies, joins no associations,
APfER THE WAR
III
and has partnership with no one. This law was shelved in
1895, but has since been passed.* It is of a piece with the
rest. Having sold his farm to the Uitlander, the Boer r^ow
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 f? ., the rentable value of which would not on the
average suhi^e 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 Trans-
vaal Governrient against any encouragement of liberal educa-
tion 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 i^ 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, hus-
bands, 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 educa-
tion of Uitlander children, the Boer legislature is practically
unanimous. The appalling consequences of allowing the
voung population to grow up in absolute ignorance were
realized by the people of Johannesburg, and efforts were
• Qulyi 1899.) The law has been declared by the law officers of the
Crown to be a breach of the London Convention.
■»■
112
THE TRANSVAAL FROM WITHIN
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 Trans-
vaal — 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. Need-
less 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 Super-
intendent-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 intro-
duced 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 sugges-
tion 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 erro-
neous impression which has been created in England with reference to
the education of Uitlanders in the Transvaal by recent crude and
ill-considered expression* of opinion, notably bv Itfr. Reginald Statham
and Mr. Chamberlain.
'^
AFTER THE WAR
"3
Mr. , in a letter addressed to one of your contemporaries, in-
formed the British public that in view of a liberal Government grant of
£4 per head per annum, the Transvaal Uitlander had nothing to
complain of in respect to education. As Mr. claims to be com-
pletely informed on Transvaal politics, he can only have been guilty of
a deliberate, if not malicious stippressio vert wlicn 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 wliich 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 ;£2oo — 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 m pecuniary loss. The actual sum expended on Uitlander
schools last year amounted to ;^65o, or is. lod. a head out of a total
expenditure for education of ;^63,ooo, the expenditure per Dutch child
amounting to £8 6s. id.
Mr. Chamberlain considers the new educational law for Johannes-
burg as a subject for gratulation. I should have thought that his
recent dealings with Pretoria would have suggested to him as a states-
man that felicitations upon the passing of a vague and absolutely
undefined measure might possibly be a little too premature. A Volks-
raad, 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 1 -»v 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 is. lod. grant. The Johan-
nesburg 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
anytliing 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 thi injustice
and the gross system of extortion practised by the Government in
making Johannesburg pay something like £7 per head for the educa-
tion of Dutch children, whilst it has to pay from ;^5 to £15 per annum
T'f^f
I
m
Ty^mmi
"4
THE TRANSVAAL FROM WITHIN
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 ! ;^6so used for the children of those who con-
tributed nine-tenths of the £6T),ooo 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 re-
lations 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.
m
\\\d\
AFTER THE WAR
"5
Even at the present time the tariff is 8?;d. per ton per mile,
as against a rate of about 3d. with which the other two lines
are favoured. Notwithstanding this, however, and the ob-
structions placed in the way by obnoxious regulations and
deliberate blocking of the line with loaded trucks at Vereen-
iging, 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 Johan-
nesburg 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 w?s a flagrant
ureach ot 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 main-
tained in office by the Dutch party, and included in its
members the best and most pronounced Africander repre-
sentatives. 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
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THE TRANSVAAL FROM WITHIN
bluster and bluflf 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 varyintr
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 sec who
contrast the probable effects upon the people of South Africa
01 war on the drifts question with the actual results of the
jjimeson raid.
CHAPTER III.
THE ORIGIN OF THE MOVEMENT.
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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 organi-
zation 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 tlie
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
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dotnination 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 seem-
ingly illustrating the liocr 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 dcath-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
Trai.svaal 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 be-
coming 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. M.uiy efforts had been
made to enlist the sympathies of the cupitalists, and to
draw them into the movement, but th.; ' Dig 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 materul 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
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THE ORIGIN Of THK MOVEMENT
ii'v
Boers. There can be no doubt that prior to 1895 th^
wealthier men without exception refused to consider the
possibility of violent measures. It was only when they
realized that the Boer party were detenninedly 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 utitil 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 fre-
quently 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 matur-
ing 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, feic extremely
bitter against the Boer Government, and were moved by
feelings which were not in any way connected with considera-
tions 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 back-
bone 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 capi-
talists had ruled in Johannesburg. Men who thoroughly
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THE TRANSVAAL FROM WITHIN
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 ot
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 them-
selves eventually with it were not moved by any higher con-
sideration 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 off-
shoots of or have supporting connections with firms in Eng-
land or on the Continent. Between them and their principals
much correspondence had taken place on the political situa-
tion. 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
THE ORIGIN OF THE MOVEMENT
X2X
if
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 Tians-
vaai. 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 exist-
ing conditions affecting the mining industry, and each, as a
business man, must have been desir ^us of reform in the
administration. Mr. Beit acted in concert with Mr. Lionel
Phillips, of H. Eckstein and Co., the Johannesburg represen-
tatives of Wernher, Beit and Co. Mr. Rhodes was represented
by his brother, Colonel Francis Rhodes, and Mr. J, H. Ham-
mond, of the Consolidated Goldfields Company in Johannes-
burg. 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 move-
ment. The other elements were represented by Mr. Charles
Leonard, the chairman of the Nation? • Union, and one or two
other prominent members of th*'^ b iy.
It is impossible to say wit'' wii. 1:1 die idea of the move-
ment, including the arrangftr^^ri with Dr. Jameson, originated.
Perhaps it germinated whf n i^ ;. Jameson read the life of Clive !
Probably it was the result cf discussion, and no one m''n'«
idea. At any rate arms and immunition were purchased, auva
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 f tially as to the course which was lO be
pursued. The position of Mr. Rhodes in tlit matf.i:' was
recognised by them to be a difficult o .0 V/Iiil=t as the
managing director of the Consolidated Gokd'i'.'.ds b ; had as
much right as any other man interested u the l ransvaai
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THE TRANSVAAL FROM WITHIN
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 oDJects 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 r
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THE ORIGIN OF THE MOVEMENT
123
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 con-
ceivable basis upon which such an arrangement could have
been entered into, and it is quite clear that no sensible busi-
ness 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. Notwith-
standing 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 Johan-
nesburg, 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, y'>bannesburg would be able to command about
9,000 e.ri:° i in, with a fair equipment of machine-guns
and car non. .^Zor was this all, for on the original plan it was
ini:e'-,iiea U' iize the fort and magazines at Pretoria. And
circumstai : favoured the plans of the Johannesburg men.
The -urrounrlip.g nail of the fort, a mere barrack, had been
removed en 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 Ihere were known to be some 10,000 rifles, ten or
twelve r.^M-pieces, and 12,000,000 rounrls 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
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THE TRANSVAAL FROM WITHIN
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 Boert '? ^ fact, but it is only fair to Dr.
Jameson to note that , j a modification of the r riginal
arrangement by which boi . f' xes 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 Johannes-
burg, towards the end of November, <:he following letter of
invitation was written and handed to him :
To Dr. Jameson.
Johannesburg.'
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
th(; 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 ill short the internal poUcy 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 iii a condition of smouldering discontent. All the petitions uf 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
» The date of 20th December, 1895, was filled in by Dr. Jameson
when he decided to start and to publish the letter.
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THE ORIGIN OF THE MOVEMENT
"5
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
feci 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,' should a disturbance arise here. The circum-
stances 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 pro-
visionally arranged. The first arrangement agreed to was
that Dr. Jameson should start two days before the intended
' 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 r jmaining words into the next sentence.
(July, 1899.) At tut Westminster inquiry it transpired that on
December 20 Mr. Rhodes instructed Dr. Flarris to wire for a copy
of the lette*- 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, havinP altered the date to 28th, and
prefaced it with the statement that the letter had been 'sent on
Saturday (28) to Dr. Jameson, Mafeking.'
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THE TRANSVAAL FROM WITHIN
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 circum-
stances 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 hirn assistance, the only thing that was
discussed was that ;u.i officers' patrol should be sent out to
meet him, to escort him to his camp. There was no doubt
entertained as to t'" ^ abi^'!* 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 v/ere 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 TjOOO. These discrepancies and alterations caused the
liveliest dissatisfaction in the minds of those who realized
THE ORIGIN OF THE MOVEMENT
127
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 with-
out 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 ot
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 !
0.1 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 un-
principled 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
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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 appropi 'atei/
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 com-
pany 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 prepara-
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THE ORIGIN OF THE MOVEMENT
129
tions. 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,' the
address which Mr. Charles Leonarc' 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 dis-
trust when Dr. Jameson's importunity ajid 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 f'om Capetown before taking ti -
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
' See Appendix I. for the full text of Manifesto.
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THE TRANSVAAL FROM WITHIN
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 reason-
able 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 con-
siderable 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 Uit-
landers ; 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 cal-
culated 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 vi^ 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
THE ORIGIN OF THE MOVEMENT
131
since stated that they delivered the messages in word and
in spirit absolutely as they were given to them in Johannes-
burg, 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 Johannes-
burg 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 Johannes-
burg party that it was this prospect that moved Dr. Jameson
to start. That idea is 01 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
i-
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THE TRANSVAAL FROM WITHIN
much so that it was thought to have been purposely done in
the teli.'graph office in order to obscure the meaning. Ono
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
Meany 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 m 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 telegrar., to his brother was de-
spatched. 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 Johan-
nesburg 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.
m
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THE ORIGIN OF THK MOVEMENT
193
The facts here given were sufficient to warrant the beh'ef
that all that was necessary had been clone to prevent any
movement. Hut more reassurinf^ than all precautions was the
conviction that Dr. Jameson, no matter how much he ini-^ht
'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 dis-
satisfaction 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. Jame.son with
the remark that he had ' as nearly as possible started for
Pretoria last night.' It was felt that this might ipear 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 con-
sequences 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 Johan-
nesburg 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 Bronk-
; I
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'34
THE TRANSVAAL FROM WITHIN
horst Spruit, the scene of the battle in the War of Indepen-
dence, 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 immedi-
ately 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 opp^rtunity 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
|1 :
■^■^
THE ORIGIN OF THE MOVEMENT
135
deputation of Americans from Johannesburg. They were
men of the highest position and infi jnce 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 govern-
ment.' 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
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136
THE TRANSVAAL FROM WITHIN
r.i (
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 tb*"
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 hie 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 nothiiig.
k
CHAPTER IV.
THE REFORM COMMITTEE.
On Monday morning Mr. S. VV. 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 com-
mon 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,' Cape-
town, 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
137
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138
THE TRANSVAAL FROM WITHIN
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 suc-
ceeded 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.
I
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THE REFORM COMMITTEE
139
For a few minutes it was hoped that the chance of taking the
arsenal still remained ; but while discussion was still proceed-
ing 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 Governmen'- 'offices ; and this was supple-
mented 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 under-
stand 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 them-
selves 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 under-
stood 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
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140
THE TRANSVAAL FROM WITHIN
the circumstances induced the Reformers to believe that Dr.
Jameson had started in good faith, but under some misappre-
hension. 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
/8o,ooo bail — rumours which had bec.j treated by those on
the spot as too ridiculous to gain credeiice 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 sim-jly lost patience
and come in regardless of all consequences, or had been really
misled and had dashed in to the assistai.ce of Johannesburg.
The position was at best one of horrible uncertainty, and
divided as the Committee were in the r 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 cir-
culated 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
THE REFORM COMMITTEE
141
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 knoivn. They realized quite well that they had
a big responsibility to the unarmed population of Johannes-
burg, 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 com-
munity. 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
intf a committee, and many other prominent men joined
immediately. The movement being an entirely public one
h
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142
THE TRANSVAAL FROM WITHIN
it was open for anyone to join provided he could secure the
approval of the already elected members. The body so con-
stituted 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 RepubHc. 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 im-
mediately 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
otliers who had interested themselves in the movement and
had come forward to take part buL 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
%
;■- i!
THE REFORM COMMITTEE
»43
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 Com-
mittee'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
'(* :
fi
r
144
THE TRANSVAAL FROM WITHIN
outside the town and the various depdts within the town
which were organized for the reh'ef 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 pre-
sented 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, v/as 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 ;^8o,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
1 '. 1
THE REFORM COMMITl'EP:
«45
liquor. The step was no doubt a hi^h-hHiided one, and
before it was taken notice was given to the Governmeni
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 ;
tt
Proclamation by His Honour thk State President of the
South African Rkpublic.
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 Johannes-
burg, 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 innabitants, and that the greater portion of the
Johannesburg inhabitants are peaceful, and are prepared to support the
Government m 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
I:
m #'*Mf
146
THE TRANSVAAL FROM WITHIN
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 intelli-
gent and upright men associated with the Pretoria Govern-
ment (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 Uit-
landers 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 lead
Dutch paper Land en Volk, a gentleman who has work
consistently and honourably both for his people, the Trans
vaal 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 con-
ditions 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
THE REFORM COMMITTEE
m
is there a more loyal champion of the Boer ; and Mr. Marais,
having on his own initiative investi[^ated 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 some-
thing was done by Government to relieve the position there
would most inevitably be a civil war. He reported the con-
dition of things to General Joube*. t, 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 Johannes-
burg on Tuesday morning. The condition of things was
bei ig discussed and this member commented severely upon
the action of the Government. Mr. Marais urged that things
vere 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
yone too far and that when they realized tiie seriousness of
the posit? n 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 th ■ Government. The member of the Reform Com-
mittee replied that this was undoubtedly the attitude of the
Jf^
148
THE TRANSVAAL FROM WITHIN
Johannesburg people, but that it was absolutely useless to
keep on patiently waiting for the fulfilment of promises which
were only rnade 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 convcrsa<:ion 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 entiie 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. M?rais 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 Com-
TW-.j:
THE REFORM COMMITTEE
149
1 ,
mission to be appointed by Government with a view to effect-
ing a peaceful settlement and the redress of grievances ; that
the Commission would consist of Chief Justice Kotz6, Judge
Arneshof, 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 con-
fidence in the gentlemen who had been sent by Govern-
ment, they were nevertheless convinced that there was
treachery at the bottom of it, and they stated in plain lan-
guage 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 gentle-
men 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 par-
ticular two matters on which there would be som.e 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 woulr' 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
upun Dr. Jameson to desist from the invasion and to return
to liritish territory at once ; that the proclamation had been
"7^
'SO
THE TRANSVAAL FROM WITHIN
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 foicos 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 Govern-
ment in holding out the olive branch it was decided unani-
mously 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 COMMITTEES DILEMMA.
ii ! ' . »
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 assis-
tance 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 mis-
understanding ; there was no division in the Committee as to
the attitude to be taken up. The deputation were to nego-
tiate 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
151
I,
152
THE TRANSVAAL FROM WITHIN
insist upon the recorinition 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 inckide 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 wno nati been sent to stop him had
not reached him. and to act accordingly. However av/kward
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 con-
sideration.
Late on Tuesday night the Collector of Customs at Johan-
nesburg informed members of the Reform Committee that he
had received a telegraphic despatch from the Pretoria head
ofifice 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 unex-
pected 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 con-
veyed by the Collector of Customs was received with con-
siderable derision, and the opinion was expressed that it
would have redounded more to the credit of the Govern-
ment'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
-\i\
\\\
\.\ >.:
THE COMMITTEE'S DILEMMA
IS3
Johannesburg from Sir Jacobus de Wet, the British agent,
conveying the following proclamation of the High Com-
missioner :
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 doi^i various other illegal acts; and vvlicreas the South African
Republic is a friendly State, in amity with Her Majesty's Govern-
nrm; ; and whereas it is my desire to respect the independence of the
said State ;
Nov;, 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 Govern-
ment 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 con-
vened in order to consider this new complication of the
case, and the following telegram was approved and sent at
IMS 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. E 'gins : ' 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.' '
' 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.'
*m
154
THE TRANSVAAL FROM WITHIN
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 assist-
ance 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. Jame.'^on's sur-
render.
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
ik
THE COMMITTEE'S DILEMMA
«55
Government Commission at noon on Wednesday. The
Commission consisted of Chief Justice Kotz6 (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 prac-
tised 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 aggra-
vated 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 re-
presented the views of the Reform Committee and the people
of Johannesburg ; that, whilst they were determined to have
H
mm
1 56
THE TRANSVAAL FROM WITHIN
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 com-
munity 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 pre-
vent 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 Johatines-
burg, 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 con-
stituted 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
'i\
THE COMMITTEE'S DILEMMA
15/
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 con-
nection 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 oi.
The adjourned meeting between the Go/ernment Com-
mission and the Reform Committee deputaHon 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
T^
158
THE TRANSVAAL FROM WITHIN
the deputation in answer a resolution, the substance of
which is given hereunder :
The High Commissioner .las offered his services with a view to a
peaceful settlement. The Government of the South African Republic
have accepted his offer. I'ending 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 Reforn?
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 Com-
mission in reply stated that the proclamation of the High
THE COMMIITEES DILEMMA
159
Commissioner was being forwarded to Dr. Jameson froiti
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 tlie official
statement :
REFOKM COMMITTEE.
Notice.
The Government have handed us a written reply this afternoon
(January i), 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 tin;
offer of the High Commissioner to come to Pretoria.
(Signed) T. L. van der Merwe, Mining Commissioner
J. F. DE Beer, judicial Commissioner.
Carl Jeppe, Member of the First Volksraad,
Johannesburg.
A. H. Bleckslev, Commandant Volunteers.
1
"' I
I,
i6o
THE TRANSVAAL FKOM WITHIN
Desirous as the Committee has always been to ohtain its objects
without the shcddin;, of blood and incurring the horrors of civil war,
the opiiortunity of achievinj^ its aims by peaceful means is welcome.
Tiie Reform Committee desires that the public will aid them with
the loyalty and enthusiasm which they have shdwn so far in the main-
tenance of its organization, and will stand firm in the cause of law
and order and the establishmept 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
Krugcr 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 telc';;ram was framed at President Kruger's
request and approved by him before being transmitted.
A great deal has been : aid 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 Com-
mittee 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 noi able to do anything else, to impute the worst
motives of all for the course which they eventually took.
h
THE COMMITTEE'S DILEMMA
i6i
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 un-
doubtedly 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 certam 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 5CX3 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 Com-
missioner'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
\:
»
1 62
THE TRANciVAAL FROM WITHIN
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 Commis-
sioner'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 ot the proclamation and
full information as to the wishes and position of the Johan-
nesburg 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 v/ith 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 con-
siderable 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 con-
siderable 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 interce''. t 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
THE COMMITTEE'S DILEMMA
i6^
Johannesburg at all.» 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 Kru; > rsdorp by in-
dividuals who thought that they would be ren'^v^ring a service
to the cause, and who did not stop to calculate the full effects
of their action.
During the afternoon ot Wednesday, while the deputation
were still engaged in negotiation with the Government Com-
mission, 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 ad-
vantage 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 Com nittee, volunteered to accompany
the messenger to explain to Dr. Jameson the state of affairs
in Johannesburg ai. d tc 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
s 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 single-
ness of purpose of the Committee, the action taken by the
deputation in Pretoria and the rest of the Committee in
' Captain Ferrcira, at one time in coniiiiand of the guard over the
Reformers, informed the writer that he had formed one cf 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 thouglu — i ound two sides of a triangle instead of
going by the shorter and safe road.'
'^Fmm
164
THE TRANSVAAL FROM WITHIN
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 fevents 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 descrip-
tion 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
vfin
THE COMMITTEE'S DILEMMA
165
his immediate action, and aftttrr 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 tc 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 Commit. 'je by
members of the Transvaal Government ever since the sur-
render 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
iogicai 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 be:en 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 con-
siderations 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
i.(;6
THE TRANSVAAL FROM WITHIN
had Dr. Jameson reached Joliannesburg. 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 ammu-
nition, especially the latter, commensurate with the require-
ments 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 if
was not the personal suffering or loss which fell to the lot o'
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 heart,
of all, and it was only by the exercise of much seh'denia.
and restraint that it was possible for men to remain silen*
during the period preceding Dr. Jameson's trial. Extr^^melv
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
-pproval. ' 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 embar-
rassing it with other people's affairs. Yet it was noted in
Johannesburg that, when a report was circulatrd to the effect
that he had started the invasion oa the instructions of Mr.
Cecil Rhodes, he and another oficer 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 COMMITTEE'S DILEMMA
167
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 e'^'^ct that injustice was
being done to the Ran-i 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 indiffer-
ence, looking upon them merely as pawns in a game that he
was playing. It was only Mr. Rhodes who took an oppor-
tunity to say that ' the Johannesburg people are not cowards :
they were rushed.'
The general public did not know the circumstances undet
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 con-
tinually 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 tine after time by the Committee when sv->me
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 >{ 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
VP
i68
THE TRANSVAAL FROM WITHIN
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 ou. 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 organi-
zation 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 an) 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 ;
THE COMMITTEE'S DILEMMA
169
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 move-
ments.
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 con-
nection 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
suflfice to assure the Committee that Dr. Jameson would not
\i
170
THE TRANSVAAL FROM WITHIN
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 Johannes-
burg 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 com-
rades, prompted by loyalty to his chief, abstained from making
any statement which could possibly embarrass him — immedi-
ately 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 em-
barrass them by any precipitate action.
Before daybreak on Thursday, January 2, Bugler Vall6, 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 Wednes-
day. He stated that the Doctor had supplied him with the
best horse in the troop and sent him on to inform Colonel
Rhodi^s 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
1)11
THE COMMITTEES DILEMMA
171
morning. Colonel Rhodes, who was the first to see the
messenger, was however dissatisfied with the grudging ad-
missions and the ambiguous message, and expressed the
belief that 'the D( ctor wants help, but is ashamed to say
so.' Acting oromptly on this conviction, he despatched all
the mounted men available (about lOO) under command of
Colonel Bettington, with instructions to ascertain the where-
abouts 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
172
THE TRANSVAAL FROM WITHIN
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.
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 weok 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 move-
ments, 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
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174
THE TRANSVAAL FROM WITHIN
rhe 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 Trans-
vaal 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 mom.cint 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 Caivctown.' 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 tiiat authority of Imperial Government will not be insisted on,
a pomt 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 mucii
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 Johannes-
burg on the 26th December, and on the 27th telegraphed from Bloem-
fontein to Charter, Capetown, informing them that 'Zcbrawood'
(Colonel Rhodes) had asked him to 'stop "Zahlbar" (Dr. Jameson)
THE INVASION
175
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
he 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.'
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.
Tiiey 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, us 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 telegraplied to his brother in
ohannesburg as follows : ' Guarantee already given, therefore let
. H. Hammond telegraph instantly all right.'
To this Mr. Hammond sent a most positive reply absolutely con-
demning 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 Kaleigh 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 telegraplied to Harris, Charter, Cape-
town : 'There will be no flotatio't if left to themselves ; first delay was
• 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 o£F with it and you got in, as we
see by the evidence, as quickly as yon could, and you just gave the
message as accurately as you could to Dr. Jameson ? — I read the
mcssjige 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.'
r
176
THE TRANSVAAL FROM WITHIN
races, which did not exist ; second policies, aheady arranged. All
mean fear.' 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 '.)niy 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 Hean/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, Cape-
town : ' 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
• 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 Fiiixton,
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 th.it ; I think all their actions were
perfectly bond 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.
THE INVASION
177
to fulfil promise made. We are simply going to protect evervbody
while they change the present disliouest Goveriiiueiit 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 <-« 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 spar" 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 Charte'-ed forces under Colonel Sir John
VVilloughby, Major in the Royal Horse Guards ; the Hon. \\.
F. White, Major 2nd Battalion Grenadier Guards ; Hon. R.
White, Captain Royal Welsh Fusiliers ; Major j. B. 'i'racey,
2nd Battalion Scots Guards ; Captain C. H. Villicrs, Royal
Morse Guards; and 120 of the I^echuanaland 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 Malniani
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 dis-
mounted, 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
f
178
THh TRANSVAAL FROM WITHIN
attained by pressing on faster for spells of a few hours and
allowing reasonable intervals for rest and refreshment. Only
about 1 30 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 jo, at about i 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 tliat 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 ofl'icers witn him, and they should be told tliat
this violation of the territory of a friendly State is repud.ated 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 fur
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
\k
THE INVASION
»7y
his invasion of the State, to which he sent the following
reply :
Sir,
December ^o, iSg^.
I am in receipt of your protest of the above date, and have to
inform you that I intend proceeding with my oti^nal 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, presum-
ably for the purpose of getting information. He had come
with a guard of nine men, whom he had left some distance
off; advancing alone Lo 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 ; Pll give you a reply,' and
within a few minutes he handed to them the following
letter :
January i.
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 tc obey his instructions, but, as I have a
very large force of both men and horses to feed, and having finished all
.; \
i8o
THE TRANSVAAL FROM WITHIN
my supplies in the rear, must perforce procercl to Kru;.;orsdorp or
Johanucsbur^ this inoniiiiji; for this purpose. At the sami' time I must
ackiiowiccij',c I am anxiDUs to fuhil iiiv promise on the petition of the
principal n. ^ideuls of the Hand, to come to the aid of my fcllow-mcn
in their extremity. I iiave molested no one, and have explained to all
Dutchmen met that tiie aliove is my sole object, and that I shall desire
to return at once to the Frotectorate. I am, etc.,
(Signed) L. S. Ja.^eson.
At about 10.30 a.m. on the same day (January i) two
cycli.sts, Messrs. Celliers and Jiowland, carrying despatches
from members of the Reform Committee, met the column.
The letters were received by Dr. Jameson, and taken with
him as far a.i Doornkop, where, upon surrender of the force,
they appear to have been torn up. With that good fortune
which sccins to have followed the Boers throughout this
business, these torn fragments were picked up on the battle-
field by a Hoer official four months later, haying remained
undisturbed during the severe rain and wind storms of the
wet season. Some portions were missing, but the others
vere 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 : ^
Deah Dr.
The rumour of massacre in Johannesburg that started yoM 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 possess/oH of the town. / shall send out some men to
You are a fine fellow. Yours ever
F. R.'
We will all drink a glass along you.
L. P.3
31st, 11.30. Kruger has asked for 'iome of us to go over and treat:
armi>ticf (or 24 hour>< aqrccd to. :.!v view is that they are in a funk at
Pretoria, .ind they were wrong to agree from here.
F. R.*
Dr. Jamkson.
It may be noted that the tone of this correspondence does
not appear to be in accord with the attitude taken up by the
• July i8i». The originals have since been -'hotographed and are
here reproduced.
Colonel 1' rancis Rhodes. » Lionel riiillipji.
THK INVASION
181
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 ex[ircsses the
opinion that it was wrong to agree to send in a deputation to
meet the Government. This was written before the deputa-
tion 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 securin^^ 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' armed
m,jn 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 re[)ly, 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
aliusions to giving assistance, and the Johannesburg leaders
are very clear on :r.r point that no promise or offer of assis-
tance 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 ricle 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 disposetl 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 (d) the report o^ Mr. Celliers, the
cyclist despatch-rider who took the letter and received the
reply, which report was taken down in shorthand by the
' (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 i
l83
THE TRANSVAAL FKUM WITHIN
clerks in the Reform Committee room as it was made verbally
by him immediately on his return. Both these records dis-
pose 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 picivcd up ' for company,' was
presumably less qualified to speak about the mstructions and
messages than Celliers, from whou; 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-niijht, 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. Clliers' 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 lead the despatch, and asked me for full
details. I told him the strength of the Boers and the dangers he was
in. 1 told him that they had no guns, and all that I saw and heard that
thev had during my travels. I explained to him everything in detail.
The Doctor seemed to be very brave. Me 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 througli 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
THE INVASION
«83
return journey. Mr. Celliers in a subsequent statement con-
firmed the above, and added :
The impression which the Doctor gave me most certainly was thai
he had never expected help and did tu-.t want it.'
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
Vv'illoughby 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
near 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 ii 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
' 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 mis-
handling 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.
. . .At
,k
i
m
V
184
THK Tiy;;atc and myself s;iw 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. Jame-
son's tiving to round the opposing Boer forces. We found a Boer
guard holfling the only ford across the stream ; so going up to tlie
Commander we asked for news. He, ;iftcr questioning us, told us all
that had occurred.
He was a ficld-cornet from rotchefstroom, and leader of one division
of the Boers. He said that yesterday, January i, Dr. Jameson had
attacked the r?oer force at the George and May Mine, two miles north-
west of Krugersdorp, a small mining township twenty-one nnlcs west
of Joii.mnesburg. lighting 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, th^ Boer leader, said that both then and to-day Dr.
Jameson's men behaved with great gallantry, and he also said that
admirable arrangements iiad been made at Krugersdorp for nursing tlie
wounded on both sides.
This morning the Boers took up a position at Vlakfontein, eight
miles on the Johatmesburg 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.
Tlicir 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 posi-
tion and Dr. Jameson attacked them in the re-entering angle, thus
having lire 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 beliind rocks and
fired with rilies, Maxims, and artillery upon their assailants. The Boers
numbered from 1,200 to 1,500, Dr. Jameson's force about 500, and the
posilion was practically unassailable.
Dr. Jameson, after making a desperate effort to get through, surren-
dered, 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 assis-
i
THK INVASION
lis
tance from here, and this m.iy liavc iiifUienccd him in f^ivinj^ up the
contest wlu'u he fi)iind tlic enemy's position so strong' that in any case
it would liave been no dis;^race to have hccn biMtcii ly superior
nunilHTS of such a brave foe as that Hncr force wliich I saw in the very
position they liad fouj^ht in. It was eviilc .t that prol),ihly no one had
ever startccl on a more dopciatc venture than had this dariii^^ litti'.'
force, and they jijaiiied by their >»allaiitrv the adoration, not only of the
lioer hur^^hcrs wiio spoke to me, but of the wliole town of Jolianncs-
bur>».
These Boers— rouizh, simple men, dressed in ordinary civilian clothes,
with merely a rille slung over the shoulder to show they were soldiers
— spoke in fcelinfi terms of the splendid bravery shown by their
assailants. They were perfectly calm and spoke wiliiout any t)oastful-
ness in a self-reliant way. They said, pointin;^ to the i;roiiiKl, that tlie
tliiiij^ was impossible, and hence the present result.
Tlie total loss of Dr. Jameson's force is about twenty. Major Grc^
WIS, they said, tlio principal military officer, and they Ihouj^ht th.it
officer was killed, and that (! •; report that Sir John W'lllo ii^hb, had
hccn killed was unfoundcu. lie and Dr. Jameson have been taken to
TretoMa.
At 9. 1 5 o'clock the white flag was put up. Sir J. Willoughby,
the officer in coinmand of the force, then sent the following
note addressed to the Commandant of the Transvaal Forces :
We surrender, provided that yo- ;:;uarantee us safe conduct out of the
country for every member of the force.
John C. VVii.LoUGHi.y.
A reply was sent within fifteen minutes, of which the
f jliowing is a literal translation :
Officer, — Please take note that I shall immediately assemble our
oflicers 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 Kcpublic,
and if you will surrender with your arms, then 1 shall spare the lives of
you and yours. Please send me a reply to this witiiin thirty minutes.
P. A. Ckonje.
Co'-' '••anilant, Patch e/stroom.
Within fifteen minutes of the receipt of this letter, Sir J.
Willoughby replied, accepti'^g the conditions in the following
term«i
i86
THE TRANSVAAL FROM WITHIN
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. R.
V. 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
Grenfcll 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 Cronj^, but it was
to the effect above given. 'Besides Cronjd, Commandant
Malan was acquainted with the terms of surrender, for a/ter
/ameson'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 Cronj6, 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 con-
ditions, 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 Cronj6's
acceptance of the terms and threats were used to Dr. Jameson
THE INVASION
187
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 tor the Roers to seek to stretch to their
advantage terms which they have previously agreed upon.
There can :kow be no question as to the conditions of the sur-
render. 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 con-
siderable part in President Kruger's game of magnanimity
later on. *
' See Appendix G. It will be noted that in his declarations Com-
mandant Cronje modifies his terms very considerably. It was im-
possible 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 Com-
mandant-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 Inde-
pendence, 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 opera-
tions 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
ihen 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 armi:5tice,
when Commandant Cronje, in defiance of treaty obligations, witlihcid
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 sur-
render. 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 settle-
mm
I
i88
THE TRANSVAAL FROM WITHIN
The Johannesburg S/ar correspondent, describing the
surrender, says :
There were upwards of 400 aIto':fethcr, and the poor fellows made a
sorry sight — tired froiTi their long march, their privations, and the
tremendous strain of continuous engagements for nearly twenty-four
hours. Some almost skpt in their saddles as they were being escorted ;
and when they arrived on Krugersderp 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 tlic
Boers gave from their own scant stock of provisions to the starving
men, for whom they expressed the utmost admiration for their plucki-
ness and determination.
Dr. Jameson and his principal officers, including Sir John Willoughby,
were brought in separately from the main body of the captured troop's.
Although tlie Boers treated most of the prisoners w'th 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 nith
the other officers captured previously.
A mule-waggon was brought up, fitted with mattresses. The chief
oflicers 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.
Tl.e burgher losses were reported to have been 4 kilLd 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 cart-
ridges, ID 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, i telegrapn 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 tlie exception perliaps of Dr. Jameson
himself, who was threatened by some of the unruly ones and
mcnt would not be effected, and that Sir Evelyn Wood's action might
provoke a renewal ol hostilities, agreed to the terms, but with grave
apprehensions as to the results. However, no contretemps occurred.
IS
THE INVASION
189
i
i i
freely hissed and hooted, but was protectt
very critical. On side of Government of South African Republi'.- an.i
of Oranf^c Free State there is a desire to show moderation, but Boer>
show tendency to get out of hand and to dtmand execution of Jameson.
I am told that Government of South African Renubiic will demand
disarmament of Johannesburg as a condition precedent to neLjoti.itions.
Tlieir military prr :tions are now practically complete, and Johannes-
burg, if besie.j^ed, c. .Id 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
tiie matter now stands, I see great difiiculty 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 ni.iia-
some demands with respect to Article No. 4 of the London Convention
of 1884.
Mr. Chamberlain to Sir Hekculks 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 overthrov; 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 ag.iinst the
town do not seem to be urgently required at the present moment, ind
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. Chambkklain.
{Telegraphic. Received 7th January, 1896.)
6th January. No. 2. — Met President South African Republic and
Kxecutive Council to-day. Before opening proceedings, I expressed
on behalf of Her Majesty's Government my sincere regret at the un-
warrantable raid made by Jameson ; also thanked Government of
South African Republic for tlie moderation shown under trying circum-
stances. With regard to Johanncbburg, President of South African
Republic announced decisioi 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 hc'ng 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.
:d6
THE TRANSVAAL FROM WITHIN
President of South African Republic said that, as his burgheni, to
number of 8,(X)o, 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 Soutii
African Republic to Reform Committee at Johannesburg through
Britisli Agent in South African Republic.
The burgher levies are m such an excited state over the invasion of
their country tluit I believe President of South African Republic could
not control them except in the ev.nt of unconditional surrender. I
have privately recommended "..em to accept ultimatum. Proclamation
of President of South African Republic refers to promise to consider
all grievances wiiich are properly submitted, and to lay the same before
tlie Legislature without delay.
On January 7 Mr. Chamberlain replied :
No. I. — 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. I. — 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 hope-
ful if no injudicious steps are taken. Please leave matter in my hands.
On Monday Sir Jacobus de Wet, acting under the instruc-
tions 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
"ople should lay down their arms ; and that the Government
:..'° them twenty-four hours — from 4 p.m. that day — in
hi'jh to accept or reject that ultimatum. The Committee
.-epiicd t'lat 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
AFTER DOORNKOP
207
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 Com-
missioner 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 instruc-
tions 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 liesitation 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 Com-
mittee :
Urgent — You should inform the Johannesburg people that I consider
that if they lay down their arms they will be actin loyally and
huiiourably, 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 fhe
prisoners are now practically in their bands.
In reply to remarks about grievances, Sir Jacobus de Wet
stated that the Uitlanders could not expect under tlie cir-
1 i
mmm
i
2U8
THE TRANSVAAL FROM WITHIN
cumstances anything more favourable than the discussion
and consideration of the grievances with the High Commis-
sioner, 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 com-
munity 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 Govern-
ment would be obliged to abide by the spirit of the terms
arranged on January i, because the High Commissioner
would insist upon it as the vital condition under which
he was endeavouring to effect the disarmament of Johannes-
AFTER DOOKNKOP
209
burg. That Sir Hercules Robinson well realized his respon-
sibility 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 ielciiram No. 3 of January 6. I need now only sa\ that I have
just received a message from Reform Committee resolving to comply with
demand of South African Republic to lay down their aims; the people
placing themselves {? and) their interests unreservedly in my hands in the
fullest confidence that I ivill see justice done to them. I have received also
the following from British agent, dated yth January :
Begins : I have sent the following telegram to His Honour the Presi-
dent :
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 — Bf^ms .• 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 ams 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 every-
thing possible to ensure the safety of Dr. Jameson and his men, to
advance the amicable discussion of terms of settlement with the Govern-
ment, 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.
Tlie 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 :
/ hope now to be able to confer with President of the South African
Republic and ExecutiveCounc I as to prisoners and the redress of Johannes-
burg grievances.
i^
'If ' n
210 THE TRANSVAAL FROM WITHIN
On the 8th he again telegraphed :
Referring to your telegram of the 7th inst., No. i, I consider that so
far throughout this matter Kriiger has behaved very well. He suspended
hostilities pending my arrival, when Johannesburg was at his nui cv ;
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
tameson had been tried here there can be no doubt that he would have
een 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 / will confer with him as to redressing the ghn>-
ances of the residents of Johannesburg on the basis of your telcgnin, of the
.\th inst. I have given Kruger a copy of that telegram.'
And later on the same day :
Since my telegram No. i 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 sur-
rendered, which the Government of the South African Republic did not
consider a fulfilment of the ultimatum, and orders would be imme-
diately issued to a commando to attack Johannesburg. I at once replied
that tiie 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 per-
sonally 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 i 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 tfie handing over of the prisoners and
consideration of grievances. I should not be surprised if, before releas-
ing the prisoners or redressing grievances, an attempt were now made
to extort an alteration of the London Convention of 1884, and the abro-
gation of Article No. 4 of that instrument. / intend, if I find that the
Johannesburg people have substantially complied with the ultimatum, to
insist on the Jul fitment of pro>nises 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 :
i- «■
^«l
AFTER DOORNKOP
211
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 Conunittee to carry
out the agreement with the Government, upon the faithtul observance
of wliich 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 thc^t Johannesburg must
lay down its arms as a condition precedent to the discussion and con-
sideration 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 commimications sufficiently e.\plain :
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 ''yommittee that he has been oflicially 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, ^th 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 Govern-
ment, 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 com-
munication 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'
212
THE TRANSVAAL FROM WITHIN
In the face of this and n?4any other significant messages anrl
expressiDiis 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, dis-
armament by Johannesburg as the only means of saving him ;
but what is less pardonable is, that he did not pin President
Kruger to tliis, and demand an explanation when it became
known that Jameson and his men were secured by the condi-
tions 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 every-
body 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 :
Wliereas 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, i8y6, and whereas the so-called Reform
Committee and other British subjects have consented and decided to
comply unconditionally with the resolution of the GoV'-riiment, and
Whereas sundry persons already have laid down tm.r arms and
ammunition, and have handed them over to the Govenini'jnt, and
Whereas the laying down and giving over of LIk said arms and
ammunition is still proceeding, and
Whereas it is desirable and proper that this be done as soon as pos-
sible, and in a proper way, and that a term be fixed thereto,
Now I, Stephanus Johannes Paulus Kruger, State President of tlie
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 loth January, 1896, at 6 p.m.
All persons or corporations with whom, after the expiration of that
period, arms or amnmnition will be found, for which no permit granted
by Government can be shown, will be dealt with according to law ; and
Wiiereas 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 loth 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 corpora-
AFTKR DOORNKOP
a»J
/;.);/s xvho will appear to he the cliicf offender; rttmlcadtrs, leaders, iii'stigU'
lots, and those who have caused the rctnlliov at 'Johannfbur}»
to-morrow by a sepaiale proclamation.
God save Laud and People.
Given under my hand at tlie (lovernmcnt Office at Pn iiuj.i
on this Ninth Day of January, in the Year One Thousand
Eight Hundred and Ninety-six.
S.
J. P. Krughr,
State President.
Van Boksciiotkv,
Actin^:^ State Secretary.
The grim, cautious method of the President was never
better illustrated than by these proclamations and the con-
current 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 dis-
armament, and promising amnesty to all except the leaders,
was not issued until two days after the Government had satis-
fied 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 Committt.e-men, who had
ofTered 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 bond 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 Govern-
ment 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 Com-
UPPi
214
THE TRANSVAAL FROM WITHIN
mittee, and that the Reformers did not know of the proclama-
tion exempting them from the ' Forgive and Forget ' until
after they had been seized.
On the loth 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 tliem to make this Republic a
country where all inhabitants, so to say, live traternally together. For
months and months I have thought which alterations and emendations
would be desirable in the Government of this State, but the unwarrant-
able instigations, especially of the Press, have kept me back. The same
men who now appear in public as the leaders have demanded amend-
ments 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, ' Forge*; and Forgive.'
(Signed) S. J. P. Kruger,
Slate 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 proclama-
tions, sandwiching as they did those acts which may be
regarded as the practical expression — diametrically opposed
to the published expressioii — of his intentions?
In the meantime the negotiations concerning Dr. Jameson
were dragging on. After securing the disarmament of Johan-
nesburg 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
%
' 'I
AFTER DOORNKOP
215
Book No. 325 [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, w ho had repre-
sented him at the interview with the Transvaal Governmf^nt,
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 coniirnied
by the Queen, on the faith of whi::h you secured disarmament of Johan-
nesburg. 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 V'-=-y could not refuse. If
desired we may however engage to l 'nr .> hrigland all who are not
domiciled in South Africa; but we ct-iuc' j. dr^take to bring all the
rank and file to trial, for that would mak^ a faroe of the whole pro-
ceedings, and is contrary to the p- "-'sa of all civilized Governments.
As regards a pledge that they sh lii »• :■ nunished, the President will see
on consideration that although s- Go \ errnnent can order a prosecution,
it cannot in any free country compi l a conviction. Yoii may remir.J
him that the murderers of Major EL' ott, who were tried in the Trans-
vaal in 1881, were acquitted by ?. jiry of burghers. Compare also the
treatment by us of Stellaland and other freebooters.
The result of this communication was that the Prc^idenc
drew in his horns and agreed that if the prisoners were de-
ported to England he would be satisfievi to let the Bri'tsh
Government decide which of them should be piotecuted.
The success of his diplomatic methods a^i wAcifid his
appetite, it would appear. He was nov coTr.nt v/'.h the
conditional surrender of Dr. Jameson, nor — h^vi 4^ .» 'ppressed
the fact *:hat it was conditional — with having aseil hi.Ti lor the
-^16
THE TRANSVAAL FROM WITHIN
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 loth, 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,
statinq 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 blood-
shed, and their congratulations on the manner in which my object in
coming has been fulfilled. They tender also their cordial acknowledg-
ment 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 pro-
moting 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 tele-
grams are disposed of. The people of Johannesburg laid down their
arms in the belief that reasonable concessions would be arranged by
h'
AFTER DOORNKOP
217
your intervention ; and until these are granted, or are definitely pro-
mised 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
f-anchise ; 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 pe-^ce, 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
';ave a disastrous effect upon the prospects of a lasting and satisfactory
;^ 'Itlen.ent.
Send me a full report of the steps that you have already taken with
, c^ard to this matter, and of the further action that you propose.
In the meantime Sir Hercules Robinson left Pretoria, satis-
fied that he had done all that was necessary, and telegraphed
to Mr. Chamberlain as follows :
From the High Commissioner en route to Capetown.
15/// January, 1896. No. i. — Your telegram 13 January, No. i, only
reached me last night, after I had left Pretoria, I could if you con-
sider it desirable, communicate purport to President of South African
Republic Dy .' ;*"'■ but I myself think such action would be inopportune
at this mon'e"/' , .' '■ly all leading Johannesburg men are now in gaol,
charged wiih Lrcas' 1 against the State, and it is rumoured that Govern-
ment has '• ' tteii c«jaence of a long-standing and widespread conspiracy
to seize r^ A\ii 'ir.cit of country on the pica of denial of political privi-
leges, anv!. tO 1; : ^ oorate the country with that of British South Africa
Company. The ♦ruth "f these reports will be tested in the trials to take
place sh "tly in the High Court, and meanwhile to urge claim for ex-
tended 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
wilhout loss of time ; but until result of trials is known nothing of
course will now be done.
Mr. Chamberlain replied to the above :
15//1 yaruaty. No. 5. — Referring to your telegram. No. i, of the 15th
January, see my telegram No. i of to-day, which was sent before receipt
of yours. I recognize that the actual moment is not opportune for a
scttleiiiciii 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 M a plot
2l8
THE TRANSVAAL FROM WITHIN
! I
amongst that small minority, is a reason for denying to the over-
whelming 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 counte-
nance 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 an.xious to receive the information asked for in my
telegram No. i of the 14th Jap'niry. Please communicate at once with
the President on this matter.
The following is the telc^r;
above :
to which allusion is made
14/A January. No. i. — Press tele.crams state numerous arrests of
le.iding 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 wiiat 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 mutter, 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 respec-
tive citizens.
Sir Hercules Robinson, replied:
15/A 'January. No. 2. — Your telegram of 14th January, No. i.
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 1 do not see how I can interfeie. Mines are at work, and
industry does not seem to be disorganzied.
While still on his way to Capetown, the High Commis-
sioner telegraphed to Mr. Chamberlain again in a manner
indicating his complete abandonment of the position taken
AFTER DOORNKOP
219
'i ',
up by him in relation to Johannesburg — in fact, his repudia-
tion of what his own words have recorded against him :
i6th 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 uncondi-
tionally laid down its arms and surrenderedf. 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 con-
spiracy to subvert the State is made clear, the question of political privi-
leges would not be entertained by Government of the South African
Republic.
He j'ustified the change of policy in another communication
addressed to Mr. Chamberlain before he reached Capetown :
16/A 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
RepubUc 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. i, 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 secre-
tary 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 $ :
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.
220
THE TRANSVAAL FROM WITHIN
\. .. i
I have seen Sir John attain, 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
newspajiers or to receive any news of wliat was going on in Pretoria or
elsewhere.
Sir ]. Willougliby 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 ^ te 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 "'hether * -cached its destination.
The gist of it was that they \ ..re aa 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 i. He had received com-
munications 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
AFTER DOORNKOP
321
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 repre-
sentative of their sovereign, had travelled a thousand miles
to disarm, and on whose behalf — ostensibly — he was there to
negotiate.
mm
CHAPTER VIIl.
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 detainc 1 in the lock-up at Johan-
nesburg as ordinary felons, and escorted to the Pretoria gaol
on the following morning. The scene on their arrival at
Pretoria railway staton 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, ?s 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
222
h
t\
ARKEST AND TRIAL OF THE REFORMERS
223
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
;^iOO 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 ;^2,ooo each ; in the cases of two or three bail of
;^4,C)00 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 Trans-
vaal 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 ^10,000 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 £1,000
a month.
The preliminary examination into the charges against the
224
THE TRANSVAAL FROM WITHIN
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 regis-
tration ; 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
Kotz6 and Mr, Kock formed the Government Commission
appointed to meet the deputation from the Reform Committee
on January i. 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 i 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
tl'i
ARREST AND TRIAL OF THE REFORMERS
225
the accused, rose to obtain from Judge Ameshof the oflficial
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 Com-
mission ?' 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 th^
336
THE TRANSVAAL FROM WITHIN
licnch for protection. Mr. Wessels urged that it was aa
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 Govern-
ment, 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 licnch for stating that he now recoj^nized the force
of the State Attorney's contention that the law of 'jvidence
as obtaining in South Africa was not sufficiently wide ; for,
he added, he thought it would suit the purpose of the Govern-
ment 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 Kortd 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 Kotz6, and it was felt
that something at least had been achieved by Mr. Schu-
macher, and the rights of a witness would be recognized.
But the end is not always in sight in dealing with the Trans-
vaal 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 Kortd The Chief Justice,
who had advised Judge de Kort6 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 tiiis principle of evidence happened to be for-
mulated by the two judges who had been appointed to
negotiate with the Reformers' deputation on behalf of the
Government
t ^4
ARUEST AND TRIAL OK THE REFORMERS
225
vl;
The impossibility of obtaintnjj justice in the Courts of the
Trrinsvaal under the then conditions was thus brought home
the prisoners. An appeal from the decision of the Lower
Ci)urt on Judge Aineshofs interpretation of privilc;,'e, 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 e-xpected 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
tiles and precedents governing the treatment of witnesses,
id even claimed that he should receive no opposition from
Liie 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 exami-
nation. 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 aiscretion 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 pre-
liminary 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, t^«e 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 ^ ;nch. By this time Mr. Hammond, who had
kMMi
'i
!28
THE TRANSVAAL FROM WITHIN
been ill, was released on bail of ;^20,ooo 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 con-
ditions 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 curtl)
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 readi-
ness 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 with-
k
ARREST AND TRIAL OF THE REFORMERS
229
out the intention of making good ^!s implied threats ; and
when he sent his 4th of February despatch (publishing it in
London before it reached Pretoria), strongly and ably review-
ing 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 cum peremptorily re-
fused 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 hy 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 addresssed 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 Jame-
2.^0
THE TRANSVAAL FROM WITHIN
son 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 pur-
pose 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 Volkssiem, 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 repre-
sentations were made upon the subject, to which the Trans-
vaal 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.
t '.
ARREST AND TRIAL OF THE REFOrvMERS
231
The treatment of this memorial is in sharp contrast with that
accorded to the one presented by a score or so of the IVcsi-
dent'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 Ameshcf 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
Jorisser, De Korte and Morice. Air. De Korte was then
threatened with suspension owing to pecuniary embarrass-
ments, 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 im-
possibility of attaming 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 Kotz6 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
?.Ir. 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 ofiice 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,
' / came up to put down rebellion. I have done so with a
strong hand, and I believe that my judgment will bear good
Ih!-
I (
232
THE TRANSVAAL FROM WITHIN
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
i ot 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 F^hillips
Colonel F. W. Rhodes
George Farrar
J. H. Hammond
J. P. FitzPatrick
S. W. Jameson
G. Richards
J. L. Willinms
G. Sandilands
F. Spencer
R. A. Bettington
J. G. Auret
E. P. Solomon
J. VV. Leonard
W. H. S. Bell
W. E. Hudson
D. F. Giltillan
C. H. Mullins
E. O. Hutchinson
VV. van Hulstcj'n
A. Woo' i -"Sampson
H. C. Hull
Alf Brown
C. L. Andersson
M. Lai 1 nermann
W. Hosken
W. St. John Carr
H. F. Strange
C. Garland '
Fred Gray '
A. Mackie Xiven
Dr. ^V. T. F. Davics
Dr. R. P. Mitchell
Dr. H;ins Sauer
Dr. A. P. Hillier
Dr. D. P. Duirs
Dr. W. Brodic
H. J. King
A. Bailey
Sir Drummond Duntiar
H. E. Becher
F. Mosenliial
H. A. Rogers
C. Butters
Walter D. Da/ic!
H. Bettelheim
F. R. Lingliam
A. L. Lawley
W. B. Head
V. M. Clement
W. Goddard
J. J. Lace
C. A. Tremeer
R. G. Fricker
M. Buckland
Donaldson
H. Hamilton
^ du I3ois
H. B. Marshall
S. B. Joel
A. R. Goldring
J. A. Roger
Thomas Mein
J.S.Curtis'
' Died in prison,
* Unable, owing to illness, to stand trial with the others. On re-
covery, Mr, Curtis returned to tiie Transvaal, and decided to plead
'not guilty,' whereupon proceedings were dropped.
h'
ARREST AND TRIAL OF THE REFORMERS
The indictment served on all alike was as follows :
233
H. J. Coster, State Attorney of the South African Republic, who, on
bciialf of the State, prosecutes, brings to the notice of the Court :
That they (cilintj the accusod), all and each or one or more of them,
arc 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 ciglit hundred and ninety-five,
the exact dates being unknown to l . State Attorney, they, tlie said
accused, at jolianncsburg, Witwatcrsrand Goldfields, Sontli African
iltpublic, 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 inti.) danger the independence or
safety of this Republic, treated, conspired, agreed witii and urged
Leander Starr Jameson, an alien, residing witliout 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 Repubhc, 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
pubUc, with the object to persuade and induce the people tiiere to
stand by the aforementioned Jameson in his hostile invasion, and
further liave assisted him, the aforementioned Jameson, during his
hostile invasion above mentioned, by providing him with provisions,
forage, and horses.
Tiiirdly : 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
Johaimesburg aforesaid, they (the said accused), being inhabitants of,
and residing in, tiiis Republic, all and each or one or more of them,
th'jn and there, in conjunction with Charles Leonard and Dr. H. Wolff,
nov 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
populatioti 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.
234
THE TRANSVAAL FROM WITHIN
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,
appeaiinf, 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 tliis
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 com-
pelled, 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 anCi 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 gold-
fish, 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, note-
books, 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
• '1
ARREST AND TRIAL OF THE REFORMERS
235
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
While 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 state-
ment regarding the genuineness of the signatures was inter-
preted 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 en-
deavours 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 sti ch 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
wm
236
THE TRANSVAAL FROM WITHIN
specially imported for this trial, and piovisionally appointed
to a seat on the I5ench. As the confirmation of his appoint-
ment 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 appohitment to be either con-
firmed 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 mentionc:' in any evidence which the Government
had yet secured (with the exception of course of Judge
Amcshofs 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 treaclierous 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.
Hi
ARKEST AND TRIAL OF THE REFORMERS
237
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 i 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 i and 2. The matter was discussed by the
prisoners, and objection was taken to that part of the indict-
ment 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 I. 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
23«
THK TRANSVAAL FROM WITHIN
\::\
Roman-Dutch law. Dr. Coster said he presumed that this
would be the case, but that he was not quite sure whether
Rornan-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 attrac-
tive 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
t'l ;
ARREST AND TRIAL OF THE REFORMERS
239
the prisoners — ' Irreconcilables,' as they were called — who
considered themselves equally responsible with the leaders,
who strongly objected to shifting any portion of their respon-
sibility upon others, and who desired to stand with those who
were prepared to bc.ir 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 complica-
tions 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 segre-
gation.
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 arrange-
ments 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 i 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
240
THE TRANSVAAL FROM WITHIN
decision to plead guilty, the 'satisfaction' of the President wa«
nuuie 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. Gregorowjiki and
Coster have both since then expressed the opinion that there
was suflficient evidence to convict one and all of high treason,
and they should know what would have been considered
'suflficient.' 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 Com-
mission 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. Wesseis
then read and put in the following statement of the four
leaders :
For a number of years endeavours have been made to obtam by con-
stitutional means the redress of the grievances under which the Uitlander
population labours. T1>a new-comer asked for no more than is conceded
^n
ARREST AND TRIAL OF THE KKKORMKRS
^41
to emigrants by all the other Govcrtitnents in South Africii, uiulcr \vlii(.:li
every man may, on reasonable conditions, become a citizen ol the Stale ;
whilst lierc alone a nolicy is pursued by which the first settlers retain
the exclusive rij^ht of j^ovcrnmcnt.
Petitions supported by the sii;iiatures of some 40,000 men were
ijiiiorcd; and when it was found th.it we could not ijc't a fair and reason-
able hcariiif^, that provisicms aire uly deemed obiuixions and unfair were
biin,n made lutMc striuf^cnt, and that we were bcinj^ deb.irred for ever
from obtaining the rights which in otla-r countries arc freely granted, it
was realized tliat we would nover get redress until we should make a
(lemoiistration of force to support our claims.
Certain provision was made rcgarduig arms and ammunition, and a
letter was written to Dr. Jameson, in which he was asked to come to
our aid under certain circumstancfs.
On December 2f) the IJitlanders' Manifest(j was published, and it was
tlien our intention to make a Imal appeal for redress at the public meet-
ing which was to have been held on January 6. In cousetpience of
matters th.it came to our kiiowledi'e we sent on December 26 Majoi
lleany (by train via Kimberleyj, and Capt.iin Holden across country, te
forbid any movement on Dr. Jameson's part.
On the afternoon of Monday, Decenibcr 30, we learnt from Govern-
ment sources that Dr. Jameson had crossed the frontier. We assumed
that lie had come in good laitli to help us, probably milled by some of
the cx.'iggeratcd rumours which were then in circulation. We were
convinced, however, that tlie 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 att.icked, and at the same time to spare no effort in
effect a peaceful settlement.
It became necessary to form some organization for the {)rotection ot
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 wasfonned on Monday night, December 30,
and it was intended to include such men of iniluence as cared to asso-
ciate themselves with the movement. The object with which it was
formed is best shown by its tirst notice, viz. :
.s tice is hereby given that this Committee adheres to the National
Unioii Manifesto, and reiterates its desire to maintain the independence
of tl- Republic. The fact that rumours are in course of circulation to
the '^ct that a force has crossed the Bcclinanaland border renders it
ncccs.sary to take active steps for the defence of Johannesburg and
preservation of order. The Committee earnestly desirj that the in-
habitants should refrain from taking any action which can be construed
as an overt act of hostility against the Government. Hy order of the
Committee, 'J. Percy FitzFatnick,
' Stcrtfary.'
The evidence taken at the preliminary examination will show that
order was maintained by this Committee during a time of intense
exeitement, an^ through the action of the Committee no ag^cssive
steps whatever ere taken against the Government, but on the contrarj',
the property of the Government was protected, and its officials wen
not interfered with.
242
THE TRANSVAAL FROM WITHIN
1 1 IS our firm belief that had no such Committee been formed, the
intense excitement caused by Dr. Jameson's entry would have brou;^ht
about utter cliaos in Johannesburg.
It has been alleged that we armed natives. This is absolutelj' untrue,
ard is disposed of by the fact that during the crisis upwards of 20,000
wliite men applied to us for arms and were unable to get them.
On Tuesday morning, December 3r, we hoisted the flag of the Z.A.R.,
and every man bound himself to maintain the independence of Ihe
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 present -d
themselves as delegates from the Executive Council. They canu; 1 to
use their own words) to 'offer us the olive branch,' and they luld 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
[)resence on the border, and of his intention, by written arrangement
with us, to assist us in case of extremity.
With the full knowledge of tliis arrangement, with the knowledge
that we were in arms and agitating for our riglits, the Government
Commis>ion handed to us a resoluaon by the Executive Council, of
which the following is the purport ;
'The High CommisMoner 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 he
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 con-
sidered.'
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 oiier which our deputation, authorized by resolution of tlie
Committee, laid before the Government Commission ;
' If the Government will permit Dr. Jameson to come into Johannes-
burg unmolested, the Committee will guarantee, with their persons if
necessar\', that he will leave again peacelully 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 burgliers — an attempt in
which our efforts were hap]5ily successful.
On the telegraphic advice of the result of the interview of the deputa-
tion with the Government Commission, we despatched Mr. Lace, a
member of our Committee, as an escort to the courier carrying the
Higii Commissioner's despatch to Dr. Jameson, in order to r isure our-
selves 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 tc
us :
ARREST AND TRIAL OF THE REFORMERS
243
' Pretoria, January 6, 1896.
'From H.M.'s Agent to Reform Committee, Johannesburg.
'January 6. — I am directed to inform you that the Vi.\^h Com-
missioner met the President, the Executive, and the Judges to-day.
The President announced the decision of the Government to be that
lohanne^burg 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 tlie President's pro-
clamation. The High Commissioner inquired whether any decision
liad been come to as regards the disposal of the prisoners, and received
a reply in the negative. The President said that as his burgiiers, to the
number of 8,000, had been collected and could not be asked to remain
indfhnitely, he must request a reply "Yes" or " No" to this ultimatum
within twenty-four hours.'
On the follovvmg 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 Commissior "jr :
:puta-
;ice, a
the
cur-
rived
mt tc
'High Commissioner, Pretoria, to Sir J. de Wet, Johannesburg.
'Received Johannesburg 7.36 a.m., January 7, 1896.
' Urgent — You shouki inform the Johannesburg people that I consider
tl:at if tliey lay down their arms they will be acting loyally and honour-
ably, and that it they do not comply with my request they forfeit all
claim to sympathy from Her Majesty's Government, and from British
suijjects 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 Jaimary 6, 7, and 8 ; on the 9tli 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 liaie of tlie 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 piotect
both the State and Dr. Jameson from the consequence of his action ;
that we have committed no breach of the law wliich 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 f \e Court, and submit to
the judgment that may be passed upon us.
(Signed) Lionel Phillips.
Fkancis Rhodes.
Pretoria, April 24, 1896. George Farrar.
I entirely concur with the above statement.
(Signed) John Hays Hammond
Pretoria, April 27, i8q6.
2-14
THE TRANSVAAL FROM WITHIN
1':
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 r'niht hand of the judge seats had been reserved for higher
officials. Several members ot 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.
VVolmarans, a member of the Executive Council. When Mr.
Wessels came to that portion of the statement referrinc^ 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 remem-
bered 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 con-
sonance 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 i)art 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, es[)ecially alluding to the efforts made to protect
him from the results of his own action and to stand by him
ARREST AND TRIAL OF THE REFORMERS
245
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 indepen-
dence of the State, but should fairly entitle the prisoners to
sympathy for their efforts to save a quondam colleague, how-
ever wrong he might have been. On the point of law, Mr.
VVessels 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 ccHicentration
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 re-
membered only the cause of his party. In a short but very
violent speech he depicted in the blackest terms the actions ot
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 w uld
not speak but would leave the matter to the judgment of the
Court. The Court was then adjourned until the morning or
the 28th, ostensibly in order to enable the judge to con.sidt- 1
the evidence and make up his mind.
mm^
246
THE TRANSVAAL FROM WITHIN
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
tew 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 com-
menced 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 getung 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 con-
fidentially 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,
H"^
ARHEST AND TRIAL OF THE REFORMERS
247
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 Juc!;_;e Gregor-
owski 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 ;T<;nial appear-
ance.
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
pp
248
THE TRANSVAAL FROM WITHIN
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 con-
ducted 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 them-
selves, and feelings v.ere 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 ^2,ocx) 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 de-
scribed, 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 id;om : ' 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 satisfac-
tion 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
.. t <<
ARREST AND TRIAL OF THE REFORMERii
249
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 conse-
quences 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 ca.se of the Reformers the
State Attorney had, it is true, informed Mr. Wessels that he
would be obliged pro /orma 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 state-
ment 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 with-
out 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
incFaceable impression — occurred during the march t' the
gaol. As the prisoners slowly approached the Government
buidings, 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 tliere with his hands in his pockets smiling at them
m
THE TRANSVAAL FROM WITHIN
1 I I
I
■ t
as tliey went past. The action was so remarl<.ible, 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 .esult
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 Volkssteni, few could believe that
the death sentence would be carried out and most people
recoc^nized that the ebullitions of that organ expressed the
feelings of only a few rabid and witless individual.-; 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 circum-
stances therefore it can be believed that the prisoners them-
selves were not without misgivinsrs.
«, i,
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 accomn. )dation 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
reijulations. Ventilation was afforded on the one side by
square holes cut in the corrugated iron walls of the shed.'
and on the other (the buildings being lean-to's against the
' This was done on the second day — after a night without anv
ventilation at all.
251
^5'
THE TRANSVAi\L FROM WITHIN
perm.ment 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 accomnr.odate 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 tliey had the option of
exercising throughout the day. Tlie lavatories and bathini;;
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 aid black
alike. Within a foot or two of the furrow where alone wash-
ing of the person or of clothing was allowed stood the gaol
urinals. There was neither adequate provision in this dejjart-
ment 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 m 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 pro-
specting or up-country travelling where conditions are some-
LIFE IN GAOL
253
times very hard, it was no more possible to swallow it than tn
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 bre.iH.
Supper, which was provided at five o'clock, was exactly the
same as breakfast.
Two days of this fare told very severelj- upon those whose
physical condition was not of the best. By the third day
several of the older men and those in ill-healt!i had broken
down and were placed on ho.;pital 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 representa-
tions 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
ipp
-«'>4
THE TRANSVAAL FROM WITHIN
of things very like a deadlock among the prisoners them-
selves. It was represented by those 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 p'-tition — a course of action which was
strongl)' condemned b)- 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 heavj'
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 incarc>iation. 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 ' magna-
nimity 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
tl:° justice of their sentences, to ex[)ress regret for what
they had done and to promise to behave themselves in
the future. The document clo:ed 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 any-
thing 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 what-
ever, 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
*'
obtaining some amelioration of the conditions of imprison-
ment and some mitigation of the sentences imposed upon
the Reformers. The petition as presented by the Govern
ment 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 state-
ment 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 under-
took to see the President and Chief-Justice Kotz6 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 wh h they would like their sentences com muted.
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
250
TKK TRANSVAAL FROM WITFHN
petition ?' Mr. Kotz^'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
nft)' of my burghers than to one from the whole of Johan-
nesburg.' At the conclusion of an unpleasant interview,
which called for all the tact and good temper at the com-
mand of the gentleman who was interesting himself on
behalf of the pnsoners, 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 circum iinces, 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
t\"2 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 require-
ments of the extreme party in the Executive ; one which
would satisfy those of the prisoners who were in favour ot
appealing, and would not be offensive to those whj wer:
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 con-
sidered a petition of some sort to be necessary, and those
LIFE IN GAOL
257
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 di.t their ob-
stinacy would affect not only themselves but would prevent
the liberation of others whose circumstances were almost
desperate. They yielded — it is true — but remained uncon-
vinced. 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 in-
volves 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 emis-
saries of the Government to L^ sufficient to comply with the
requirements, and promises "vere conveyed to the prisoners
that the sentences w: il ' be at once taken into consider-
ation 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. Jnnes 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 v/reak
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
lIP-
2S8
THE 'I'K/vNSVAAL v'ROM WITHIN
promises and cajoleric;-, each morning its batch of disap-
pointments. 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 Govern-
ment required each man to state in an individual declaration
the extent of his guilt the extenuating facts and the circum-
stances 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. Un-
scrupulous 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 con-
sidered 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 ail 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 informcid 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 Govern-
ment,' otherwise they would ' rot in gaol." All this undis-
guised eagerness to obtain the signatures naturally only
strengthened the resolution of the men who stood out.
They had already against their wishes and judgment sij^ned
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 m the
A
LIFE IN GAOL
aS9
demands of the petition-hunters and some prisoners were
asked and induced to make statements concern in^f their own
part in the late movement, making no allusion to the part
played by otliers, 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 sevc (jly
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 con-
di'.'jii was so serious that strong representations were made
to .:" 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
oat 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 assistrint-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 wiiich 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
26o
THE TRANSVAAL FROM V/ITHIN
there was the record of a special pass granted to the un-
fortunate 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 them-
selves 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 cder to allay the feeling ol
indignation which was being roused throughout South Africa
at their manner of treating the prisoners, so a further instal-
ment 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 pre-
sented 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, avov/edly in order
to bring about the desired end.
Eleven of the prisoners — apart from tlie four whose punish-
ment in substitution for death had not been decided upon, and
who were therefore not concerned in the petitions — declined to
a -i
LIFE IN GAOL
261
reconsider their decision, and elected rather to serve their term
of two years ; ai d they expressed the conviction at the same
time that the?a 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 im-
prisonment 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 im-
prisonment ; 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 ' mag-
nanimity ' displayed by the Government after the disappoint-
ments 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 tlitc cat and mouse policy and
the stage-managed magnanimity displayed towards them.
They were perfectly well able and willing to endure the
262
THE TRANSVAAL FROM WITHIN
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 assiL,nied for the willinc^-
ness 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 con-
sideration 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 G wernment — at least, they could
command the ordinary courtesies — whereas in the case of the
British /wgent nothing of this sort existed. Frequently he
LIFP: IN GAOL
261
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 sub-
ordinates 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 ad-
mission 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 oPicial like Du Plessis was not an edify-
ing 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 promptl}'
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 I'lessis
replied : ' Oh no ! Not one of you would be alive a month
264
THE TRANSVAAL FROM WITHIN
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 Re-
formers 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. Mala-
boch 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 com-
mandeering of British subjects which led to the visit of Sir
Henry Loch already described. It resulted — as these ex-
peditions 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 coun.^el 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 the.se 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 thoi.e of Langalibalele, Dinizulu, Secocoeni, Cete-
wayo, and other native chiefs whom the British Government
have also disposed of without trial. But it is urged that these
LIFE IN GAOL
20S
men are entitled to a trial, because it is well known that the
provocation under wlu'ch they committed their offences against
the law — if indeed any were committed — was such as, in the
minds of most people, vvould justify their action.'
The position of a native in the Pretoria Gaol is indeed an
unhappy one. Sleeping accommodat'on— thrt 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 dis-
continued 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
' See Appendix E.
i''
a66
THK TRANSVAAL FIx'OM WITHIN
had with the sanction of the Landclrost inflicted upon one
prisoner named Thompson, who was undoubtedly refractory
and disobedient, upivards of eighty lashes untliin 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 «,nven 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 indicted
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 olYicial 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
rele.scd by the two warders and stood cowering before Du
Plessis the latter repeated his former performance of knocking
his victim down 'vith 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
LIFE IN GAOL
267
his actions. On one occasion, when special relaxation of
the rules was authorized by the Landdrost of I'rctoria 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 pur[)ose, 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 Hoer
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 ;^50 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 tliat
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 ;^50, Grant was
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THE TRANSVAAL FROM WITHIN
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 punctili-
ously 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
wl ose crimes were even more repulsive. He protested against
the class of food that was served to him. For these remon-
strances he at first received solitary confinement and even
poorer diet ; and later with a brutality which one can surely
ciiy 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 sit^ht of all, and le'r 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 — circuvispice ! In the matter
of the events of 1895-6 he came out with a quarter of a million
in cash, a claim for i!"i, 677,938 3s. 3d. (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 per-
mitted 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 conse-
quences of a policy which they are not allowed to influence.
But President Kruger is, above all things, practical. Every-
thing is gauged by the measure of the advantage which it can
bring to him ; and his treatment of the Free State is deter-
mined 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 agree-
ments and strained interpretations, of intrigues with native
ni .'
QMHTi^
THREE YEARS' GRACE
289
subjects and neighbours for the extension of rights or
boundaries, all designed to benefit the Transvaal and to under-
mine them. All, all with the same result I Something for
nothing I Within the bn-ders of the Transvaal the policy is
the same. Moral rights and the claims of justice are un-
recognized. For services rendered there may be some
return ; a privilege, a contract, an ajipointment. 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 Govern-
ment party largely share, but it never :onfers 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 de.scription 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 Nether-
lands 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 conces.sions, 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 Kotz6 and Judge Ameshof,
who in the dealings with the Reformers rendered valuable —
but perhaps injudicious and unjudicial — service, as already
sufficiently described ; the treatme.it of Dr. Coster, the State
Attorney, who also deserved better of the President ; the public
u
r
390
THE TRANSVAAL FROM WITHIN
repudiation of Mr. J. B. Robinson, whose friendship for
President Krui^er had been frequently and amply evidenced
to tin; ^rave dissatisfaction of the U it lander population ; the
public and insultinjj; repudiation of Sir Meni)' dc Villiers, the
Chief Justice of Cape Colony, after he had served his pur-
pose! 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 co-
operation 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 develop itself 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 to!<.-ii 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 refe-
rence 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 inorass of difficulties. The policy of ' some-
THRKK YKARS' GRACE
291
thin^ 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 [)arty 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 unnatuial when one remembers the
violent attempt to swamp the Dutch.' The excessive arma-
ments are held to dc ' 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 1 895-6,
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 ; ' the suppression of all private
schools had been advocated by Dr. Mansvelt — all long, long
' That President Kruger always contemplated controlling the Uit-
lander 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
qu.irter of the town. A deputation of officials waited upon the President
to urge the placing of the new gaol in a more convenient locality else-
where. His Honour replied, 'tiiat 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.
39«
THE TRANSVAAL FROM WITHIN
before the Jameson Raid. So also had the repubh'can propa-
^'aiula been at work, but it had not caii{,dit on outside the two
Republics.
DifiTuuIt as his task mi^ht a{)pcar, Mr. Krupfer had now
command of the two j^reat persuasive forces — money and
sentiment. With the money he pushed on the forts, and im-
ported immense quantities of big guns, small arms, and anmiu-
nition — far in excess of what could possibly be used by the
whole of the lioer population of the Transvaal after makin<;
every allowance for spare arms in reserve ; and such an extraor-
dinary supfjly 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 Trans-
vaal 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 mto 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 seem-
ingly 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 sav? 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 Presi-
dent 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 wi^h for prace, of course, but we must dominate
"ill
THUKK YKARS' GRACE
293
— you under your form of government, we under ours.' To
others a^am it is further advanced : ' Let us nej^'otiate the eh'mi-
nation of the Imperial power ; we do not suggest fiijht, 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 pre-
pare. Some ihiy we shall find England in a difficulty, divided
by party or hampered by external coniplic.itions ; 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 inde-
pendence 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, forme ly a prominent mem-
ber of the Cape Legislative Council and now as alwa^'s 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 termj 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 -houters with the biggest crowd ; but the pro-
minent association of such an apostle of republicanism with
the Bond, and the fact that he should have gone so far with a
294
THE TRANSVAAL FROM WITHIN
Reformer of known strong British sympathies seem to warrant
the attaching of some importance to the suggestion.^ 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
groun'l 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 disorganiza-
tion entailed by the prolonged trial, the terrible dynamite
explosion in Johannesburg,^ 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.3 The feeling through-
' The writer has since learned from Mr. Alfred Beit that the same
proposal was made to him by Mr. Graaff in January, 1896, immcdiatclv
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.'
' About the middle of TS95 ^ 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 tiie explosion must have been due to some fault in the
dynamite, ;ind an order was issued to destroy the remainder. The
officials cliarged with this duty found, however, that the owners, antici-
pating some such result, had removed it. It was eventually traced as
having been shipped from Antwerp to Port Elizabeth and thence con-
signed 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.
3 The gaoler — Du Plessis — in the fulhlment 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
light. 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. Co'iyngham Greene to Dr. Leyds the latter replied that it was neces-
sary on account of the risk of lire. For about eiglit months, therefore,
water was to be — and of course was — their only drink. Only once during
the thirteen months did Du Plessis appear t(j ' get home,' It was when
THREE YEARS' GRACE
out South Africa was reflected in the mor>otonous announce-
ment 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 Presi-
dent 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 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
ri'^ht ; ' 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 vvas 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
wa? exposing the gold thefts and denouncing the complicity
of the police, Mr. Kruger decided to remit three-fourths of the
he proposed that the two should be separated and sent to out-of-the-way
gads, 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 smuini;.
296
THE TRANSVAAL FROM WITHIN
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 ; Lhe 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.^ Brown had acted within his
legal rights according to the terms of a proclamation. That
proclamation had been illegally withdrawn, and the Govern-
ment realizing that they would have to stand the conse-
quences 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. Kotz6 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.^
The first Volksraad was then in special session, and the
President promptly introduced a law known as Law i 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 them-
selves 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. Particu-
' It is described as the Witfontein case. See page 100.
* 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 i of
1897 — that is to say, to put the plaintiff ' out of court' Mr. Brown has
appealed to the United States Government for redress.
WPW
* 1
THREE YEARS' GIUCE
297
larly emphatic was Mr, Justice Gregorowski. He stated that
no honourable rnan could possibly sit upon the Transvaal
Bench as lon^ as Law i 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. Krugeron his side promised to refrain from enforcing the
provisions of Law i 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 can-
not 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.
Kotz6's judgment had brought home with perhaps too
sudden force, namely, that the laws and system of Govern-
ment were in a condition of com.plete chaos. The sequel
can be told in a few words. In February, 1898, Mr. Kotz6
considered that ample tims 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 bet»/een Mr. Kotz6 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
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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 Villicrs 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 i of 1897, and dismissed Mr.
Kotze, who had served the country as judge and chief justice
for over twenty year.s. 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 th- ■ 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 ; bul 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 i!^6,C)00 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 i of 1897 stood on the Statute Book,
became Chief Justice vice Mr. Kotz6 dismissed. And by
way of fini.lly 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 !
)i
THREE YEARS' GRACE
2f;9
Mr. Justice Ameshof, who with Mr. Kotze had made a
stand against the President in thi.= 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.
Kotz<5 acted in haste or whether Sir Ilenry 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 i
of 1897, which according to Mr. Gregorovvski made it impos-
sible 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 i 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 Uit-
landers 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 lias
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
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exclusive right, to supply the town from springs on Govern-
ment 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 peo^^le 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 costl} that at a later period, after the introduc-
tion of railways, it A^ould be possible for competitors, such for
instance as the projected Municipality of Pretoria, to estab-
lish 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 com{)any. The Presi-
dent, 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. Imme-
diately 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§ per cent, per annum, some differences occurred between
the Company and the consumers, and the latter com-
bined 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 Muni-
cipality 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 expro-
priation 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
• 1
wBS,
THREE YEARS' GRACE
301
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 i of 1897, the Volksraad resolu-
tion put them out of court both as to upholding their title and
claiming damages. All doubts as to the Government's com-
plicity 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 dis-
satisfaction 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
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followed that the President had convinced himself that there
were no grievances, that he was an entirely innocent party
ileeply injured by the Reformers and the British Govern-
ment, 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 com-
plaints 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 tlic
o (as in iHi/)) it would be desirable
to recommend so to regulate the tariff that the gi uss revenue for 1896
would have been reduced by _£5oo,ooo, equivalent to an average reduc-
tion 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 ii.xing of the tariffs of tiie 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 trafhc 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 ist January next. Several witnesses and some
of the Commission have urged the expropriation of the N.Z.A.S.M. by
the Government. Your Conunission, 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 expro-
priation provided by the other means terms can be secured from th e
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 lixed, 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 exisJence. 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.
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As to gold thefts : —
According to the evidence submitted to your Commission, gold thefts
are on the increase, and although the Volksraad has given tlie matter
their favourable consideration, and have, at the instance of the Mining
Industry, so amended the Gold Law as t( 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 ;£75o,oco 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 Govern-
ment 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 Witwatcrsrand 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 tlie
following laws, viz. : —
The Liquor Law as far as it concerns the proclaimed goldfields, the
F^ass 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 yo'T Government to take into
its own hands. The area under the surveillance of the Board should
include the Heidelberg, Witwatcrsrand, and Klerksdorp districts, and
other goldfields as may be found desirable hereafter. Your Com-
mission suggests that the Board consists of the following : Five
members to be appointed by the Government, and fo^ir deleg.ites
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 repre-
sentatives of the new Chamber), a nominee of the Mine Managers'
Association, and a nominee of the commercial community of Johannes-
Ui
THREE YEARS' GRACE
309
burg. Your Commission would advise that a separate detective force
be placed under the department, whos- 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-ment'oned
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, 3 has been stated, was all given on oath,
and some : r\ rfteresting details came out. In one case Dr.
Leyds's .-.yste'/i of misrepresentation was exposed. Whilst
the C"^^" Mtjsion was actually taking evidence the then State
Secrt.taiy m an interview with the Paris Temps strongly
supporte i th? dynamite monopoly, an ' ted that the price
charged, namely, 90s. per case, was the sam.e at which the
Chamber of Mines had offered to enti^r 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. pair! to the mjr.opoasts the Government only
receive 55. by way of f'i..ty, chey would out of the 90s. which
it was proposed to pay for ^'\obe'.'s dynamite receive no less
than 38s. per case as au*^v, ?\nd .hat if the contract proposed
by the Chamber had br.e' i .nv.Je the Government would have
profited during the pvevic's four years to the extent of
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;^i, 200,000 instead of ;^i 50,000. Upon another occasion light
was thrown on dark [)laces 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
c^ Johannesburg had only themselves to thank for t'»e loss
of coiifulence 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
i\Iines to get a law protecting European shareholders from being
defrauded by swindlers ? — I don't know ii such a law could be framed
without interfering with what, in other countries, is considered to he
personal liberty. You have to come to the point whethe the man
intended to swindle, and that can only be settled by , ^uart, as a
matter of personal judgment. If a good law could be c !.iscd u would
be beneficial.
Is there no possibility for the Chamber of Mines to work with the
Department for the passing of such a law ? — 1 don't know if laws e.Ki>i
in France, Germany, England, or America, to that specific effect ; but
if so, I would be guided by the wisdom and immense experience of llie
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 ds ? —
Oh, yes ; but I do not think that that is e.xactiy what is wanted in order
to restore conluience. Lots of things combine to shake the confidence
of investors. I'^or instance, to deal with some small and homely matters,
I v.-as told by a member of the Sanitary fBoard yesterday that ai,
application for the underground rights of the ^^arket Square, liaii been
made by Mr. Jan Meyer, a leading member jf the Volksraad. That
does noi, help to restore confidence. The Sanitary Board applied for a
portion of the Telephone Tower Park in ord .t to erect a Town Hall,
'i'hey were refused. Now, some one has made a;: application for tlie
right to erect swimming baths. That does not restore conlidenee. 1
hope the mere publication of these things will prevent tin m frou.
succeeding. The Sanitary Board applied for the Union Ground, also
for public purposes, but it was granted to private applicants on the
quiet. They hav.^ hawked it about and borrowed money on it. It
was offered to many of the big cai3italists here, but they would not
touch it. The Sanitary Board are tolil that a building is to be put ii)'
in which fifty rooms will be set aside for them, but they arc nut
satisfied that the authorities should do good by ste.alth and blush to
lind it fame.
I cannot understand how mere applicitions can shake confidence ?—
Well, they do because they are only made when there is a chance oJ
tlieir being granted. But, if you want facts, I will tell you what shook
the investor's conlidence as much as anything that has happened fir
years — that was the Ferreira claim-jumping raid, which it was sworu
to in Court had been suggested by you yourself, Mr. Jji^bert.
Not ' suggested ' by me
The Chairman said the witness was strayirg away from th? original
question.
Witness said that the Minister of Min s hjit? wanted examples of
whit sliook confidence, so he was obliged 10 g re. them.
THREE YEARS' GKACE
3"
J-iV
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 c/one. Presently ominous rumours went
round about differences in the Executive, Then came the
scenes in the Volksraad, when the President revealed him
self 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 Conserva-
tives appointed to report upon the other Commission's
report ; and then the usual result : Something for nothing.
The Netherlands Railway made an inconsiderable reduc-
tion in rates, which it appears Avas 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 Volks-
raad Committee contained one supreme stroke of humour.
It adopted the recommendations of the Industrial Commis-
sion to remit the duties upon certain articles of consumption
so as to make living cheaper, but as a condition it stipu-
lated 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 tlvm counterbalance the loss.
That was one result which the Uitlan lers had in the begin-
ning 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
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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
t thusiastic demonstration ever made in the country. No
ir. 'selfish and loyal subject of her Majesty ever set
foot 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 seces-
sion 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
1 89 1 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 rame policy has foimd expression in the misleading state-
ment made on behalf of the Government upon the compound
question (namely, that the companies were aiming at com-
•il,
THREE YEARS' GRACE
3^3
pounding 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 ivipera, 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 other-
wise 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 a>. the time of the Raid. His Honour took an
early opportunity to denounce Mr. Chamberlain '.j 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 chal-
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lenge 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
- mvenience and without an instant's hesitation, and thus
were provided two more witnesses to the 'something for
nothi"r;' policy. This incident was the immediate cause of
Me iiision 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' grievimces 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 repre-
sentations on the subject for a considerable time. jMoreover,
his age and ill-health rendered him unfit for so arduous a
task. Many hard things have been said and v.'rilLon 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, n is true that the
responsibilities of Government are not to be met by excuses :
the supi^orts of the Empire must stand the strain or be con-
demned. But it is also true that those who regard themselves
as victims may not lightly assume the functions of indepen-
dent 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 atten-
tion. Seldom surely has a representative of the Queen been
'» i;
THKEE YEAKS' GRACE
315
put through such an ordeal of examination and inquiry as
that to which Sir Alfred Milncr'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 experi-
ment was being made at the expense of South Africa ; but
almost before the thought had formed itself came the testi-
mony 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 tliat 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 undis-
guised satisfaction that they received the new High Com-
missioner'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 require-
ments 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 dis-
tinctly 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.
3r6
THE TRANSVAAL FROM WITHIN
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 exf)crience 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 wa.s 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 circum-
stance 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 :ind annoyances on behalf of his Government, with no
relief but such as he could find in the office of recording
them. A good deal Ir.d 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 some-
thing more glaring and sensational in the way of improper
THREE YEARS' GRACE
317
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 help-
ing 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 Volks-
raad revealed the fact that Volksraad members and Govern-
ment officials wore 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 ;^ioo
which they had to expend they rece. d ;^450 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
3i8
THE TRANSVAAL FROM WITHIN
food), large quantities were bought in South America. It
was alleged in the Volksraacl tha*- 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 leal 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 accommo-
dated upon an upper deck where there was ample ventila-
tion ; 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 repu-
I
I
THREK YEARS' GRACE
.MV
diation of contract took refuge in the ()lc'a 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 Compiny's lawyers filed their pleadings ! The
following account of the case is taken from the newspapers of
the time. The plea of the Sclati Railway Company states
that—
the Govcrninciit, w.u very desirous that the railways s'ldtild be biiih.
and that for the purjiose the business should be taken in hand by
influential capitalists, and that, havinj* full knowledfje of the sums
asked for by the orifjinal concessionaires they insisted upon the said
capitalists coming to an aijreement 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 concession-
aires for the formation of the Company was wholly in'^iifiicient under
the altered conditions, and that further sums had to be expended to
cover not only the increased amount demanded by the original con-
cessionaires, but also other sums of money which ivcre asked by and faid
to different members of the Executive Council and Volksnuid of the South
African Republic and their relatives and friends as the f^rice for grantihg
the concession.
The matter came before the High Court, and several of the
exceptions put forward on behalf of the Government were sus-
tained. Regarding the accusation mentioned, Mr. Advocate ICsseleti,
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 Exeeutive. He quoted the Volksraad resolution
or besluit upon which the concession w.is (granted, showing that ;4'io,ooo
was mentioned as the sum to be recoivc.l by the concessionaires, and
then proceeded : —
' Now, I say that the Government could not contract with the Com-
pany at a higher figure than is above set forth. The measure of authority
granted to the Government is set forth in the Vo" --aad besluit which 1
have read, and the Government could not exccf : authority. Second,
the defendant Company makes allegations whicli arc 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 bclialf 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
;i 4
330
THE TRANSVAAL FROM WITHIN
on two exceptions. Without pressing you in the least, I am inclined to
sn^^cst that you withdraw tliis exception.
Mr. EssKi.EN : I cannot possibly withdraw it, but I am willing to
allow it to stand as a special plea and to ar^ue it at a b °^a^c.
Mr. Justice Jokissen ; As I said, I don't wish to j yv>u, but it
seems to me that this is a very danj^erous quesfion.
Mr. KssKLEN : It is a very miportaiit ipicstion.
Mr. Justice JOKissK.N : It is not only an important but a perilous
question.
In an umetided pica hied by the Selati Railway Company they jjive
the names of persons to whom tlic Company had to pay certain sums
of money or ^ive 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. Bolt, then member and minute keeper
of the Executive Council, on August 12, 1890, in cash ^50 ; the late
N. J. Smit, sen., then Vice-I'resident of the South African Republic,
and member of the FIxecutive Council, on August 12, 1890, in cash,
;£5oo ; K. C. Eloff, son in-law of the President and then Private Secretary
to his Honour, on August 12, ;^5o 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, ;^ioo. B" B. J. Vorster,
jun., one of the concessionaires, on behalf of Eugene lenheim, on
or about August, 1890, tiie following : To Jan du I de Beer,
member of the Volksraad for Waterberg, £100 ; Sc... ,/. Burger,
member of the Volksraad for Lydenburg, now member of the F^xecu-
tive Council, ;£ioo ; P. L. Bezuidenhout, member of the Volksraad for
Potchefstroom, ;£ioo ; J. Van der Merwe, member of the Volksraad for
Lydenburg, ;£ioo ; A. A. Stoop, member of the Volksraad for Wakker-
stroom, ;^5o ; F". G. H. Wolmarans, member of the Volksraad for
Rustenburg, ;^5o ; J. M. Malan, member of the Volksraad for Rusten-
burg. Chairman of the first Volksraad, £s^ > N. M. S. Prinsloo, member
of the Volksraad for F^otchefstroom, /50 ; J. J. Spies, member of the
Volksraad for Utrecht, i^7o ; B. H. Klopper, Chairman of the Volks-
raad, £12^, ; C. van Boeschoten, Secretary ot the Volksraad, ;^i8o. 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 ;^Ji,ooo; F".
C. Eloff, son-in-law of ?-.d then Private Secretary to the State President,
shares in the defendant Company to the value of ;^2,ooo ; P. G. Marc,
then member of the Volksraad for Utrecht, now Landdrost of Boks-
burg, shares in the defendant Company to the value of ^^500. By B. J.
Vorster, jun., on behalf of Baron F2ugene Oppenheim, about July or
August, 1890, to C. C. van Heerden, member of the Volksraad for
Wakkcrstroom, 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 Retief, 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 ; VV. 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 o;
the Volksraad for Pretoria, one spider ; H. P. Beukes, member of thi
Volksraad for Marico, one spider ; J. F. van Staden, member of lb
'-i I
THREE YEARS' GRACE
121
Volksraad for Vryhcid, one spider ; J. M. M.il.ii., member of tl»c VolUs-
raad for Rustcnbur/4, one spider ; N. M. S, Fnnsiuc, rr.''iiil)cT oi the
Volksr.-iad for Potchefstrooin, one cirt ; T. C. Grcylinj^, i;\cniber of
the Volksraad for Heidelberg, one cart. Total value, i,i,44u.
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 Volks-
raad and the Minute Keeper of the Executive !
The Volksraad, one would think, would be bound to talc
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 tiie conduct of officials and Raad
members would be establishing a most inconvenient prece-
dent. 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 ; aor 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 mdisputable 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 pcjrtion
of it, at once for ^25,000 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
Y
r^t
;22
THE TRANSVAAL FROM WITHIN
the session of 1898 his Honour strongly supported the pro-
posal 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 enjoj^'s the unsavoury reputation of
being interested in every swindle which is worth being in 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 after-
wards withdrawn from proclamation. The Mining Com-
missioner of Johannesburg in the course of his duties
discovered some flaw in the second or withdrawing procla-
mation. 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 incon-
venience 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 consider-
able 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, how-
ever, 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 /natter came before
the Volksraad in due course and that body deliberately
revoked the decision of the Govern "r.ent and refused Mr.
Eloff any title except what he conld 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 ;{^2 5,000.
The ingenuity of the Boer mind in getting the last possible
THREE YEARS' GRACE
3*3
isible
fraction of ,alue 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 thai a[jarr from
intrinsic worth it m-'ght 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 loca-
tion site, which is also very valuable, to some other favourite),
but that if sufficient inducement w^re 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 consider-
able 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 se\eral 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 pro-
prietor of the Standard and Diggers News, the Government
X ■
I I
' n\
FFW
324
THE TRANSVAAL FROM WITHIN
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 ;^i, 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 ;^ioo,ooo a year could be made out of it. The
Town Council unanimously and vigf isly protested ; but
the Government took no notice of thei. 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 neces-
sary, in terms of the constitution of the municipality, to obtain
the signature of the Burgomaster. That official as repre-
senting 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 ' con-
cessions,' 'contracts,' and 'protected factories' confer exclusive
rights, but many might easily in effect do so and all are in-
fringements 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, Cal-
cium 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 nego-
tiations were carried on both in Pretoria and in Europe,
THREE YEARS' GRACE
325
Month after month went by, but the millions were not forth-
coming, 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 para-
mount pov^'er, and thej'^ had no faith and no assurance that in
the event of such a conflict taking place the British Govern-
ment 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
•■'hich had been ordered by that botly in 1897 to be made by
lawyers and auditors, although duly handed in to the Govern-
ment, were suppressed by the President and not permitted to
be shown to the Raad. On the contrary, the astounding pro-
position v/as 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 condi-
tions, 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 impos-
sible. This proposal, it was publicly notified, would be laid
before the Raad during the first session of 1899. The exis-
tence of the dynamite monopoly was at this time costing the
industry ^600,000 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 dyna-
mite. 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
r' . ':A
•^
326
THE TRANSVAAL FROM WITHIN
to enforce their right to collect 2§ per cent, of the gross pro-
duction from mynpachts (mining leases). All mynpachts
cities 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 Govern-
ment, 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 indi-
cating 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 particu-
larly keenly resented in France and Germany.
The grievance of hasty legislation was in these cases
aggravated by the evidence that the taxes were quite un-
necessary. President Kruger still fought against cancellation
of the Dynamite Monopoly, by which the State revenue
would have benefited to the extent of ;i^6oo,ooo a year, if
he had accepted the proposal of the Uitlanders, to allow
importation of dynamite subject to a duy of £2 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 satis-
fying 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 adminis-
tration — than the list of fixed salaries as it has grown year
by year since the goldfields became a factor.
"n.
THREE YEARS' GRACE
3»7
TRANSVAAL FIXED SALARIED
£ s. d.
1886
• ••
51.831 3 7
1887
• ••
(^9,083 12 8
1888
• ••
164,466 4 10
1889
• ••
24(^,641 10 10
1890
• ••
324,wo 8 lo
I89I
...
332,888 13 9
1892
• • >
323,608
1893
• ••
361,275 6 II
1894
• ••
419.775 13 10
'^'^l
• •«
570,047 12 7
1896
• ••
813,029 7 5
1897
• ••
996,959 19 II
1898
..«
1,080,382 3
1899 (Budget)
1,216,394 '5
That is to say, the Salary List is now twenty-four times
a? 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 £/!^o 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 administra-
tion. 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
." *( '-
' fM
328
THE TRANSVAAL FROM WITHIN
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 com-
pared with the crimes committed and the accidents in the
mines traceable ro '\t ; 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 i eports 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 in-
fluencing 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,^ 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
' See Appendix. K.
fe'-ill
THREE YEARS' GRACE
329
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 treat-
ment 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 expla-
nation, 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
i. ■]
|:| P
r
330
THE TRANSVAAL FROM WITHIN
useless. The condition of affairs should be that such appeals
would be unnecessary, and would therefore become — in
piactice — 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 anu
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. VV. 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 resigna-
tion. 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
iirst offered to sons of the soil, i.e., born Transvaalers, it was
intended to appoint to this judgeship a young man of twenty-
:U.\i
THREE YEARS' GRACE
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 Krugcr had aban-
doned his intention, but it is understood that pressure was
brought to bear upon the President by a con-- -Her able party
of his followers, and in the course of a few days the appoint-
ment 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 tne Uitlander com-
munity, 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 t.> 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 sub-
mitted by the Uitlanders, but they are unfortunately entirely
without influence over the President and his party. It is
tr*i
r
332
THE TRANSVAAL FROM WITHIN
true that — although British subjects by birth — they have
chosen to associate themselves with the Transvaal Govern-
ment 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 reason-
ing 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.
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 Christ-
mas a British subject named Tom Jackson Edgar was shf)t
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 intoxi-
cated, 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, mean-
while, entered his own house a few yards off There was no
attempt at concealment or escape ; Edgar was an old resi-
dent 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
333
334
THE TRANSVAAL FROM WITH IN
immediately to burst in his door. Hearin;; the noise he
crinH.' out into the |)as;;age. lie mayor 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
insn!:cu. A Boer policeman named Jones (there are scores
of Boers unable to speak a word of English, who nevertheless
own very characteristic F.iif^lish, Scotch, and Irish names —
many of them bein;;^ children of deserters from the British
army !) revolver in hand burst the door open. It is alle;,'ed
by the prisoner and one of the police that as the door was
burst open, Ed^ar 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 piossibly
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 man-
slaughter and immediately released upon his comrades'
sureties of ;;^200.
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 '■ ' '^'••m was
such among British subjects generally bu' more especially
among Edgar's fellow-work-men, t' was deci^'ed to
liresent a petition to her Majesty >ing for pi cction.
British subjects were invited to gathc. the \Iarket Square
in order to proceed in a body to the offic 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 tive
thousand persons gathered together. They listened to the
reading of the petition and marched in an orderly manner
THK BKGINNING OF THE END
3JS
the
to the oflfice of the British Vicc-Consiil whore the petit i('ii
was read and accepted.
This was the first direct appeal to her Majesty made by
British subjects since the protests ap^ainst tlie retrocession
eij^hteen years bef(3re. Not very many reah'/ed at the time
the importance of the change in procedure. There could be
no " As you were " after the direct appeal : either it would he
accepted, in whicli event the ca.se of the Uitlandcrs would be
in the hands of an advocate more powerfu' 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
Uitlandcrs 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
("ommander - in - Chief in South Africa and acting IIii;h
Commissioner ; for Sir Alfred Milner was at that time in
ICngland, 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 th.us 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 presente^l to her Majesty, and that thus it would
be necessary to prepare and present another in proper form.
Ihe petition was redrawn and in the course of the following
weeks upwards ot 21,000 signatures were obtained by that
l-)yal 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, Johannes-
burg, for the purpose of presenting the petition to the British
336
THE TRANSVAAL FROM WITHIN
Vice-Consul. They were released upon bail of ;^i,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 ;^2C)0 ; and for the crime
of objecting to it the bail was ;i{^i,ooo. This action only
added fuel to the fire and a public meeting was imme-
diately 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 dis-
patch 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 ^tr. Wyberg's letter,
transmitted to you in my dispatch of the 28th Ma/ch, 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
tiiey 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 fore-
men 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 Afdecling Wcgen).
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 'trcu,' i.e., Boer
or Afrikander workmen who i^iight be expected to take tlie 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.
THE BEGINNING OF THE END
337
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.
Pioshof, 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 bond fide sympathizers with
ihe 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 Broeskma, Third Public Prosecutor, and Lieutenant Murphy,
of the Morality Police, actually assisted in breaking chairs, and en-
couraged the rioters.
I have, &c.,
A. MiLNER,
Governor and High Commissioner,
With affa'rs 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 E- 'gar ? The Acting
British Agent Mr. Edmund Eraser in his dispatch of Decem-
ber 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 homi-
cide, 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
rr"
338
THE TRANSVAAL FROM WITHIN
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 p iltry 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 proceed-
ings so ill considered as these. The result fulfilled antici-
pations. 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 2 judge.ship
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.*
...li
THE BEGINNING OF THE END
339
After the preliminary examination of Jones the Acting
British Agent had v/ritten 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 thac I have no right to do any-
thing 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 /^ioo,ooo. 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 ;^i 6,000 a
.\ear. A final effort was made by the Government party and
1
rp
340
THE T^^ANSVAAL FROM WITHIN
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 contra y 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 per-
manently 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 £4 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 quaUfied Dutch teacher must be retained by the school.
The first condition excludes all the children of the kinder-
garten schools, and also a class who form a considerable
percentage in the eiementary schools. The third condition
excludes all those who have in early years any chance of satis-
fying the inspectors under the second condition. Obviously
THE BEGINNING OF THE END
341
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-ITolIander 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 instruc-
tion 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 Uit-
landers, 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
rr»"
'i.Xi
THE TRANSVAAL FROM WITHIN
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 Trans-
vaal Governir.ent 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 Govern-
ment 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 Capita-
lists were proposed. On February 27 ' Mr. Edouard
' It is stated that President Kruger, ever since the signing of the
London Convention on Majuba Day — February 27 — 1884, has bc'hcvcd
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. Tlie
first anniversary of the Reformers' sentence day was the occasion of
the Reformers giving evidence before the Industrial Commission,
which so strongly justilied their case. The Peace Negotiations witli
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
wlien over two hundred ministers representing the Dutch Reformed
Church in the Transvaal met in Pretoria to urge upon him the sup-
pression of the Illicit Liquor trade. In all innocenoe they had chosen
May 24 on whicii 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 ad-
mniistration 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.
•HP
THE BEGINNING OF THE END
343
Lippert, the original dynamite concessionaire, who it was
known would receive the further sum of ;{J"i 50,000 if the
monopoly remained uncancelled for five years, opened nego-
tiations on behalf of the Government with certain representa-
tives 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 expro-
priating the monopoly had been that the State had not been
successful in raising a loan. In order to deal with this objec-
tion 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 ;i^6oo,ooo 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 ;^6oo,ooo. The offer was so favourable to the State
that it placed the Government in a quandary.' 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.
' 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
anv 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, liad received it — and withheld it from the
r-lxcjcilive !
344
THE TRANSVAAL FKOM WITHIN
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 negotia-
tions 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 maintaia 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 Commis-
sion 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 them-
selves 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 : —
THE BEGINNING OF THE END
34S
To the Honourable the State Secretary,
Pretoria,
JOHANNKSBUKG, S.A.R.,
27//1 March, 1899.
HONOUKABLE SiR,
Hcfore 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. Lippcrt 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. Birkcnruth, 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 Slate 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 admini-
strative 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 francliise 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, uo 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 1 2th instant, at le request of Mr. Lippert, Messrs. Brakhan,
Birkenruth, Rouhot, Pierce, Pistorious and Fitzpatrick met, and Mr.
Lippert communicated to us the definite proposals of the S.A.R. Govern-
ment, which were duly cabled the same day to our friends, requesting
a reply before the end of the week, as the Government would Ikivc 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 pricis of the proceedings and resolu-
34^'
THE IKANSVAAL FROM WITHIN
lions passed at the meeting held in London on the i6th 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 dis-
cussed between the representatives of the S.A.R. Government, and
ou jcives.
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
iieads on the understanding that no one portion may be judged as apart
from the whole.
BEWAARPLAATSEN.
In f urtlierance 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(juestion
311 the lines suggested as preferable to the continued uncertainty, on
the understanding that the basis for valuation siiould be arrived at by
li xing, after consultation, a maximum price upon the best situated
bewaarplaatscn or water-right, and that the price of all other mining
r'ghts under bewaarpl.iatsen, machine standi' or water-rigiUs be valued
!)y competent engineers on the basis and in relation to the above
aiaxinmm 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
orice thus arrived at.
FINANCIER AND AUDITOR.
The appointment of a suitable man with efficient control and assured
,ta tus would undoubtedly meet one of the most serious of the grievances,
uid would be universally accepted as satisfactory. The financier, in
31 cler to enjoy the confidence of all concerned, and with a view to avoid
isfnr as possible ulterior discussion of his recommendations, should be
ippioved of by some person belonging to a firm of well-known inde-
iicndent standing, sucli as Lord Rothschild, for instance. The financier
vO 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
Ministef for the common good would undoubtedly receive our support;
A'e understanding, on the other hand, that no new taxation will be
mnosed on the general population or the mining industry pending tiie
tppointnient of the financier.
PRKSS 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
rriticism which has been provoked by a certain condition of affairs here
would necessarily cease upon the causes of complaint being removed,
ind 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
tneets with our approval as a whole, so as to discourage further agitation
'.n newspapers on these subjects.
THE BEGINNING OF THE END
347
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 (iiff>.rent nation;ilities inhabiting
this State, and we would and will in any case do this freely and ujion
principle, and entirely apart from other considerations connected with
this Conference, but it should be clearly understood that this dcL-lara-
tion 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 Slate.
COOLIE QUKSTION.
We well appreciate the dangers of uncontrolled, indiscrinuuaie im-
migration of the lower class Indians, Chinese, and other coloured races,
and the necessity for jirovision for sanitary control, and shall be most
willing to aid the Govi ! innent in the above objects ; but we consider it
impii^^ilile lor us to iiuervene in this matter, which is governed Ijy 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 Govermuent as part of the whole
scheme for the settlement of differences, and claim therefore an e.->pecia!ly
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 tiiat this representation be
made in such manner as may be deemed less calculated to provoke un-
favourable 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 corponilions it is impossible for us to agree, and whatever arrange-
ment 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
arc asked to definitely accept in order that an anielior.ition of the
general conditions affecting the whole Uitlander population may be
secured.
The difference between the cost at which dynamite could be im-
ported (exclusive of Transvaal duty) and the price we are now compelled
to pay amounts to over ^"600,000 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
mimense burden as a set-off against terms which, whilst they would
doubtless eventually favourably affect the industry, are in their imme-
diate 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.
34*
THE TRANSVAAL FROM WITHIN
It is also a matter of grave and /ijciicral con •ern that a sum so
enormous, when compared with the revenue requirements of the State,
should be taken aimually from the mmcs with hlii>-, if any, benefit lo
the country, when it mi 'lu be utih/,ed in part or entirely in supplemeut-
inj^ the State revenue, and thus afford relief in other directions to every
taxpayer in the country.
Notwithstandiiij^ the above considerations, however, we feel that a
j^reat monetary sacrifice mi^lit be made to secure a peaceful and
permanent sc'lution of vexed questions, and that the subject of
flynamitc should be submitted to the Chamber ot 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 (iovernmcnt, it would he acnnthtion
th.it there siiall not be any extension of the concession, and th;it the Icinis
.)f the contract shall be rigidly enforced ; that tlie Dynamite Companv
shall reduce the price of dynamite to 70s. per case, giving to the Govern-
ment 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 settle-
'.nent 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 recom-
mend 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 pulilished for a year
and receive the assentof two-tliirdsof 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 tliat 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
THE bp:ginni\g of the end
349
the
the
be
gher
the
sider
the
the
not
ly of
by
fore
lose
f the
,ined
er to
has
and
places before you the views of a very large and influential section of the
community.
The above subjects arc only those which have been discussed
between tlie (loverniniMit repre->ent;itives and ourselves, but, in orrler
to arrive at a liual pL'ini.uK'nl settlement, we think that we nu^lit to
endeavour to remove all othc causes of disaj^recment, and treat as well
several other important quL'Stions 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 labdiuers to tlie
goldiields, and to this end will be willing to confer uiih the Chanili. r 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 anil
strictly enforced. We may fui Iher 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 higiiest interests of all thi-
inhabitants of the Republic.
Wc enclose copy of the cable which we sent, embotlying ttie proposals
of the Government of the S.A.R. as communicated to us by Mr. Lippert,
and copy of the prkis 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.
Wc 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 ancl
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. PisTOKius.
E. BiKKKNRUTH.
John" M. Pikuce.
a. buakhan.
The foregoing embodies our views as well as that of our Loidon
houses. (Signed) J. G. HANfiLTO.v.
W. Dalrymi'le.
The following memorandum — the one referred to in the
above letter — was prepared by well-known Uitlandcrs whom
the Government, owing to the refusal of the capitalists to deal
with the franchise, had been obliged to select in orfler 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 yoars
enjoyed a singularly monotonous experience in ironies, but
a turning came in the long lane when it became necessary
for the President ^o suspend the operation of his three years'
i«
I f
3SO
THE TRANSVAAL FROM WITHIN
ban on two of the Reformers in order to get their advice
upon the franchise question.
Johannesburg, SA.R.,
Gentlemen, 24/A March, i^(y.).
In response to the invitation from the Governmf nt of the South
African RepubHc conveyed to us by Mr. E. Lippert, wi beg to submit
the enclosed memorandum upon the franchise questiori.
Yours faithfu'ly,
J. Perjy FitzPatrick
H. C. Hull.
W. Dalrymple.
W. A. Martin.
Thos. Mackenzie.
R. Store.
J. G. Hamilton.
To Messrs. G. Rouliol, T. J. Britten.
E. Birkcniuth, H. R. Skinner.
A. Brakhan,
J. M. Pierce,
H. F. E. Pistoriw.,
Johannesburg.
MEMORANDUM RE FRANCHISE.
i\fter 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 com-
pleted.
2. The alteration of the franchise law according to lately prescribed
procedure, whereby two-thirds of the burghers must signify
approval, is a practical impossibilitj^ — 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 humniating 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 oatli 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 objectionahle
— 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
franciiise 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 hcna 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 i, 2, 3, and 4, we
consider that as restricliv franchise legislation, apparently desii^ned to
^^....^
luive
)!i,inle
been
)f the
on of
estion
f the
easilv
4, we
icd to
THE BEGINNING OF THE END
35'
exclude for ever the great bulk of the Uitl.vnder 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 indisputaiile claims
of those who settled in this country under certain conditions from the
benefits of which they cov '-l not properly be excluded.
With regard to paragrapi: 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 :•>
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 hues 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 ciear tliat the mere fact of a proposal to extend the fran-
chise 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 inter-
mediaries would end in the usual unhappy and unpleasant
,pcij;«- — namely, repudiation of the intermediary in part or
ent.'rely — were not long wanting justification. The following
s a translation of Mr. F. W. Reitz's reply : —
Pretoria, 8th April, iHgi).
Messrs. G. Rouliot, H. F. E. Pistorius, A. Braklian, E. Birkenruth, ani
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 com-
munication, 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, us he informed me
afterwards, to see 'if it was not possible to obt'iin a better under-
standing between the Government on the one side and the mining
industry on the other.' He acted in no wise as the agent of tlie
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.
1^ '
352
THE TRANSVAAL FROM WITHIN
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 f>ut
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 tlie
mining industry nave no objection to his mediation, we would not be
unwilling to mal \ 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 o^.." "^wn initiative, and not as
representatives of the Government, Dr. Le5'ds, Mr. Smuts, and myself,
met some of your leading men, as set forth in your lettei.
At this meeting we informed you of the intention of the Presi'.c.;! to
alter certain laws for the general good. Only with reference 'o tliu
franchise we gave you no definite proposal, the matter being theii jLiil
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, wliich 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 ot
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 t!ie 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, iirst to receive the instructions of your foreign principals.
Before you could give us the result the President explained his inten-
tions 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.
vVitb reference to this matter, we think that the undermining rights
under bewaarplaatcsn, machine stands, and water-rights should be
THE BEGINNING OF THE END
353
valued on a reasonable basis, indcpcMidontly by the Government, and
by the Ovvner of the surface ris^lits (.iliould there be a difference whicli
cannot be settler! aTiicably, then the value can be fixed by arbitration),
and that the surface owner shall have the preferent ri^fjit to purchase
the affected under-mining rii^ht at such a valuation. From your com-
municadon I understand tnat you sui;^est a special method of valuation.
That is a detail which can be settled when the valuation is actu:.IIy
commenced, and which expeits are better able to judge over tlian
I am. Therefore I shall say no more on this subject.
FINANCIER AND AUDITOR.
On this subject our opiviion was that the auditor should be inde-
pendent of the Governmenr, r.nd alone responsible to the Volksr;iaii to
appoi.it as linancier a man of standing, with a seat in the Executive
Council, to advise on all matters af, :ting 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 propcoal
that previous to the appointment this Government must lirst get the
approval of Lord Rothschild or any other capitalist. I can only answer
that it is in no wise the ir>tenti&n 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 v;hich will carry general approval without being subjected
to such a mutual condition.
iiT
the
■ights
Id be
LOAN, PRESS AGITA/ION, POLITICAL ORGANIZATION.
With reference to the.se matters, I have already made it plain to you
that in following the proposals of Mr. Lippert by cabling to your
principals, you acted uudc.^ a misunderstanding. We requested no
binding declaration fiom you, only a moral understanding, which
would be easy for you to maintain, if it was in the interests of the
I'itlanders as well a:: the burghers of the Republic. I regret that the
mistalvc 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 qu(;stion there is a small difference between the proposed
policy of the F resident and vour answer.
I only wish to add that his Honoir 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 expro-
priation 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 underst.uui that you do not wish to take
upon your shoulders the respoiiMliility of speaking and acting for the
whole of the new population. It was more your personal opinions as
men of position thai we wished to know. Then again, according to
your assurance :i': the aforementioned meeting, you do not take any
personal interest in the franchise t^ue.tion, and that you would ratiier
leave the question i.o the pubhc ; your answer is therefore perfectly
fair. His Honour has therefore already acted in accordance with your
idea, for he has biought th') question of the franchise very prominently
before the public, not only at Heidelberg and Rustenburg, but also at
Johannesburg.
AA
354
THE TRANSVAAL FROM WITHIN
In conclusion, I wish to refer to one matter wliich has caused me
much pain. It was clearly a;id 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 2(Sth of March I received your letter, and on the
3rd of April, whilst I was yet t,i*'ing 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 Advertizer,
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) lo
doubt for one moment your good faith. Thinking, however, of the
great interest as it were m 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 publiciy 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" chaiacter; the
contention that the State Secreta»-y, State Attorney, and Dr.
Leyds could divest themselve.s of alj responsibility in negotia-
tions such as these, and claim to have been acting in their
private capacity only ; and the extraordinary anxiety to keep
secret matte* 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 con'^lusions of the Govern-
ment were not warranted by the facts. The following letter,
which was formally acknowledged but nevt r answered, prac-
tically concluded the negotiations : —
JoHANNESBUHG, S.A.R., April 14, 1899.
To the Honourable the State Secretary, Pretoria.
HONOURABLK Sn<, —
We have the honour to acknowledge the receipt of your com-
municatioL of the 8th A^jril, 1899.
Certain of our statements being doubted and described .s erroneous
Ml your letter, we deem it advisable to go more fully into the facts
which have preceded and led to this correspondence.
THE BEGINNING OF THE END
355
lom-
fOUS
icts
It may be that communications exchanged through an intermediary
have been transmitted in a manner liable to convey a different impres-
sion 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 ap;>arent that during the negotiations we acicfl
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. Kouliot, to wliom 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 siiould be held to discuss the subjects
mentioned in his memorandum.
This memorandum (Annexure 'A'), as explained to us by Mr. Lippert,
enumerates under Clauses i 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 con-
sidered 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 ist 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 beer, 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 he 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 10
he discussed, forming part of the proposed settlement (Annexuve ' 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 shoulo
sign on behalf of ourselves and our European friends (Annexure ' C ').
A speedy reply to our cable was asked for, as Mr. Lipperc had
infoiiiied 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 t point out to you that by cabling these proposals to Europe,
we could not possibly conceive that we were acting under a miscon-
ce prion, a , the day on which they were made to us, the 12th of March,
rf
^56
THE tra\sva.\:.
/vJM WITHIN
l)ci:iji a Siuulay, tlic TL'k'.t;r:ip!i Office \v:i.-, -pccKiliy kept open for the
purpose of dispatcliini; tiie cal^Ies, wliicli were duly received and for-
warded upon production of an order from Mr. Lippert.
In our letter of March 17th to his Honour the State Presjdcn;, con-
veyin<; the nature of on.- friends' reply, we mentioned the fact tliat the
connnunication made to us by Mr. Lippert en bclialf of the (Govern-
ment had been fully cabled ; we stated that our friends no doubt based
their suj^yestion to further discuss the v;holc of tlie proposals with Dr.
Leyds upon the fact that the Govcrnrnent had stipulated that they
should become parties to the proposed scttlcinent.
In your reply of March i8th, no exception is taken to tliese state-
ments ; 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 liand, 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 beiialf 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 unnecessaiy to go over them in detail again.
We beg only to offer a few remarks upon certain points raised in your
letter of 8lh April : — Bewaarplaatsen : VVc suggest a basis for the
valuation of bewaarplaatsen, machine stands, and \v'ater-rights, which
in our opinion ought to be adopted, in ord>;r 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 some-
one belonging to a firm of well-known independent standing. Wc
have no desire to sec this Government base its future financial policy
on any particular line, in the interest of, or directed agr.inst, any special
section of the people. We only wish to see the financial policy estab-
lished on sound recognized economic principles, with fair and equit-
able taxation calculated according to the proper requirements of tlie Statf».
Press Agitation — Political Organizations : We have already informed
you, that so far as we know, there has been no organized pros agita-
tion, and that we should be willing at all times to deprecate the
stirring up of strife between nationalities caused by any agency what-
soever. We consider it desirable to see tnat feeling more general, as
we are convinced that exaggerated press campaigus conducted by
newspapers generally reported to be influ.Miced by tb-.' 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.
Dynain.te : In your letter of the 8th Apr' I, you appear
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 subordmates. However, not
beuig certain of the fact, we merely repudiated any responsibihty on
our part, and regret that you should have publicly laid the blame on
our side, without having communicated with us, asking for an explana-
tion, 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 tmies 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 corre::pondence, 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.
VVe have the honour to be, honourable Sir,
Your obedient servants.
G. KouLior,
JOHX M. PlKKCE,
A. Hhakh.w,
E. BlKKIC.VKl'TH.
(Mr. Pistorius, being absent from town, could not sign this letter.)
' •!■
annp:xure 'A.'
MR. E. LIPPERTS 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 bewaarplaatseu.
9. Burgher rights — five years — property test.
ANNEXURE ' B.'
Cessation of press agitation here and in Europe.
Support to tlie Government in its treatment of the coolie question.
Settlement of the dynamite question.
358
THE TRANSVAAL FROM WHIIIN
Deprecate the objects o.^ the S. A. League.
Siipport the placing of a loan if Government wishes it.
Appointment of a financial adviser to the Government, of I^'uropcan
reputation, and of an Auditor, both with scats and votes in the P^xecu-
tive 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 liim 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 tlie undermining rights to the holders ot surface rights
(bewaarplaatsen, ike), at a moderate valuation.
Extension of tiie franchise by granting burgher rights after . . .
3'cars of registration, coupled with a property test.
ANXEXURK 'C:
DRAFT OF DECLARATION TO FOLLOW PROTOCOL KMIiODYING THE
RKSOLUTIONS AGREED UPON'.
. . Thereupon the subscribed parties from Johannesburg, for t'.iein-
selves, and for the parties they represent liere antl in Europe, de-
clared : —
' Tiie passing by the Volksraad of the laws to ha 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 iiave
a seat and a vote in the Executive Council on ail iinancial matters.
' For placing tiie Auditor-General on the same status re dismissal
as tlie 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 otlier 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 Uberty 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 agree-
ment or that the Dynamite Company reduce the price by 5s. to 70s.
for No. I and to 90s. for blasting gelatine, the Government nncier-
taking to take over the works of the Dynamite Company at tlie
end of the agreement at a valuation as provided by the offer now
before the Volksraad.
'I hi
THK BEGINNING OF THK FND
359
' For an extension of the franclii^e to all white aliens in this
State, in the following manner : That natuiahzation he {^ranted
to all seeking it, who have resided in the State for two years and
who are of j»ood behaviour and who iiave not sulYered any dis-
honourable sentence by any Court, upon takinf* tiie oath of aile,t«i-
ance as prescribed by liie existing law ; upon sucii naturalization
he shall be entitled to elect a member to the Second V'olksraad, and
two years after shall be entitled to be elected as a member of the
Second Volksr.iad. A piiriod of seven years havinj» elapsed after
naturalization, he shall tiy virtue of that lapse of time and without
further hindrance obtain full burf^her ri^^hts, tiie Government, how-
ever, reserve to themselves the ri^ht (in order to secure tlie passinj^
of such law through the Volksraad of this and that of the session of
iQoo) to extend the period of naturalization for the riiiht of voting
for the election of a President. Children of naturalized aliens, who
attain their majority wlien their father has obtained full burgher
rights, have 77>so facto the same rights as the father. Tiie (iovern-
ment shall also have the right to attach a moderate property
qualification to the obtaining of these extenrled francliise rights.
It is understood that bv tlie laws of the State, this extended
franchise can only finally be granted by the Volksraad in session
1900, after tlie 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.
Ik
■J
I I.
will be hailed by us with great satisfaction as removing all obstacles
to a friendly and peaceful development of mutual tmderstauding and
co-operation ; it is our wish, and in the interest of those we repre'^ent,
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 tlie 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 otiier ways the supply of labour, we
support the Government in its contention tliat the regulations concern-
ing the treatment of " coolies and other coloured races " had best Vjo
left to them as a matter of internal concern.
' We will support the placing of a State loan recomm'^-ided by the
Financier in the European markets at reasonable rates, if the Govern-
ment 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 contri-
buted 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, ^ucli
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
I f'tit
h
36o
TliK Tl^WSVAAl. 1
e.
/a
7
///.
Photographic
Sciences
Corporation
23 WEST MAIN STREET
WEBSTER, NY 14580
(716) 872-4503
'<^Ai^
'''^/^l
(/a
sion p.issed under tiic
Royal Sign Manual and Signet, bearing date the 5th of April, 1881, du
hereby undertake and guarantee on behalf of Her Majesty that, from
and after the 8th day of August, 1881, complete self-governmen'.,
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 reser-
vations 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 detining 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 delined ;
(6) 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 autliority, 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 applicablr
369 BB
37©
APPENDICES
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 liad
and obtained and sijjnificd to tho Government of the said State through
the British Hesidcnt, provided further that in no case will the repeal or
amendment of any laws enacted since the annexation have a retro-
spective effect, so as to invalidate any acts done or habilities incurred
by virtue of such laws.
Article IV.
On the 8th day of Aiij^ust, 1881, the Government of the said State,
tvif^etlier with all riglits and oI)li>»ations thereto appertaining, and all
Slate property taken over at the ti;. " of annexation, save and except
munitions of war, will be handed over to Messrs. Stephanus Joliar.ies
I'aulus Kruf»er, ^lartinus Wessel Fretorius, and Petrus Jacobus Joubert,
or the survivor or survivors of them, who will forthwith cause a
V'olksraad 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 wlio 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 imprison-
ment have been remitted ir, part by Her Majesty's Administrator or
oilier officer admini5t;:ring 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
Eeople who were in arms against Her Majesty during the recent
ostilitics, 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 re-
maining 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 m.ajority of them, will
k
AIM'KNDIX A
37«
be final. Tlic suid Siib-Commissioiicrs will enter upon and perform
their duties with :ill convenient speed. Tliev will, before takint;
evidence or orderiiij^ evidence to be taken in respect of any ci.iiiu,
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 1)0 so entiMtaitied, the Sub-Commissioners will in the iirst instance
afford every facility for an amicable arrangement as to the amount
payable in respect of anv clann, and only in cases in which there is no
reasonable ground tor believing that an immediate amicable arrange-
ment can be arrived at will they take evidence or order evidence to be
taken. For the purpose of taking evidence and reporting tliereon, the
Sub-Commissioners may appoint Deputies, who will, without dtl.iy,
submit records of the evidence anil tiieir reports to the Sub-Com-
missioners. The Sub-Cummissioners will arrange their sittings and
the sittings of their Deputies in such a maimer as to atl'ord the earliest
convenience to the parties concerned and tiieir witnesses. It> no case
will costs be allowed to either side other than the actual and re.iMjnable
expcases of witnesses whose evidence is certified by the Sub Com-
missioners to have been necessary. Interest will not run on the
amount of any claim, except as is hereinafter provided for. Tlie
said Sub-Commissioners will forthwith, after deciding upon any claim,
announce their deci.iion 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 liave been decided upon,
the British Government and the Government of the Transvaal State
will pay proportif)nate 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 sus-
tained by reason of the following acts committed during the recent
hostilities, viz.: (a) commandeering, seizure, confiscation, or destruction
of property, or dam.'.ge done to property ; (6) 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
(6), 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 arc in this
Article especially provided for, will be entertained. No claims which
have been handed in to the Secretary of the Koyal Commission after the
1st day of July, i88i, will be entertained, unless the Sub-Commissioners
shall be satisfied that the delay was reasonable. When claims for loss
oi property are considered, the Sub-Commissioners will require distinct
proof of the existence of tlic 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
r
37a
APPENDICKS
pay Interest al the rate of sii per cent, per aiiiuiiii from the tl;iic ol >.uch
(>7 in respect of the K.iilu.iy Loan, lof^etiier with the
amount lUie on iSth August, 1S81, on account of the Orpiian Ch.imber
l)i bt, which now stands at £22, 2KKt, which debts will be a lirst ciiar^e
upon the revenues of the Slate. The Transv.ial State will, moreover,
be liable for the lawful expeiuliture lawfully incurred for the necessary
expenses of tlie I'rovince since the aniuxalion, to wit, the sum of
^.'j()5,iKXJ, which deiit, loj^etiier with such debts as may be incurred by
virtue of the 9th Article, will be a secuml charge upon the revenues of
the State.
Akticlk XL
The debts due as aforesaid by the Transvaal State to Her Majesty's
(iovermnent 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
ot twelve months from the 8tli August, 1881, shall be repayable by a
payment for interes> and sinking fund of six pounds and niiiepence per
cent, per annum, which will extinguish the debt in twenty-five years.
The said payment of six pounds and ninepence per ^100 shall be
p.iyable half yearly in British currency on the 8th February and Sth
August in each year. Provided always that the Transvaal State shall
pay in reduction of the said debt the sum of ^'ioo,(xxj within twelve
months of the 8tii August, 1881, and shall be at liberty at the close of
anv half-year to pay off the wliolc or any portion of the outstanding
deKt.
Article XIL
All persons holding property in the said State on the 8lh day of
Au;.;ust, 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 ller Majesty during the recent hostilities
shall suffer any molostation 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 protecion
for their persons and property.
Article XIIL
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
iUl
AIM'KNDIX A
373
ll
purposes, subjrcl always to the pass laws of the said Stale, as aim-nilctl
by tl»L' Li'j^isl:itiire of tlic I'lnviticc, or .>s in.iy lierciftcr be cn.tctcd
uiuler tlie rrovJMoiis of tlie Tliird Arlicl" of this Convt'ntion.
Aktici.i- XV.
Tlierc will continue to be coinplole frcrdom of religion and proti-i tion
from molestation for all (lenoinin.itioiis, provided the same be not
itKonsi^tcMit will) morality and )»ood order, and no disability sliail
aiiach to any person in n-^aid to ri^'hts of properly by reason ol tiie
rel.^iuus opinions which be holds.
Artici.k XVI.
The provisions of the Fourth Article of tlie Sand River Coii lion
are herrby re.iffirmed, and no slavery or appreiilicesliip p.irt.nk.iiiJ of
sl.ivcry will be tolerated by the Government of the said Staff;.
Akticle XVII.
The British 1:^ dent will receive from the (iovurnmenf o*^ tlie
'li:insva:d State such assistanic and support as can by law lu ^i en to
hull fo! i." due dischar/^c of his functions ; he will also receive every
.isMstancc for the proper care and preservation of the >ioner.
Article XIX.
The Government of the Transvaal State will strictly adhere to the
boundaries defined in the First Article of this Convention, and will rjo
its utmost to prevent any of its inhabitants from making any encro.icli-
menl uimn lands beyond the said State. The Royal Commission will
forthwith appoint a person who will beacon off the boundary line
between Ram.itlabama and the point where such line first touches
Griqualand West boundary, midway between the Vaal and Hart rivtis ;
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 liarolongs.
Article XX.
All gr.ints or titles issued at any time by the Transvaal Government
in respect of land outside the boundary of Transvaal State, as defined,
Article I., sliall 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 Slate 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 Ciovernment 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 laud, 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 pernL^nent improvement thereon.
J
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 V'ice-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 XXH.
The Native Location Commission will reserve to the native tribes of
the Slate such locations as they may be fairly and cciuilably 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
mm
APPENDIX A
375
cither in other land or in money as the Volksraad sliull determine.
After the bouiKiaries of any location have been fixed, no fresh grant of
land witliin such location will be made, nor will the boundiries be
p'tered without the consent of the Location Commission. No fresh
grants of land will be made in the districts of Waterberg, Zoutpans-
berg, and Lydcnburg until the locations in tho said districts respectively
shall have been defined by the said Commission.
Article XXIII.
If not released before the taking uffcct of this Convention, Sikukuni,
and those of his followers who have bjc-n imprisoned with him, will be
forthwith released, and the boundaries of his location will be defined
by the Native Location Commission in the manner indicatcfl in the last
preceding Article.
Article XXIV.
The independence of the Swazies within the boundary line of Swazi-
land, as indicated in the First Article of this Convention, will be fullv
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 main-
tained 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 Stale (a) will have full liberty witli their families to
enter, travel, or reside in any part of the Transvaal State ; (b) they will
be entitled to hire or possess houses, manuf.ictures, 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 mdui try to any ta.ves, 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.
AH persona other than natives who establislied 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 sucl' last-incntiuned 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 Govern-
ment of the Transvaal State.
376
APPENDICES
Article XXIX.
Provision shall hereafter be made by a separate instrument for the
imitual oxtraflition 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
posta^^v.- 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 Stat j ; all licenses duly issued
>.ince the annexation will remain in force during the period for which
they may have been issued.
Article XXXI.
No fjrants of land which may have been made, and no transfer of
mort^aj^e 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 pl.ice of such Secretary for Native Affairs.
Article XXXII.
This Convention will be ratified by a newly-elected Volksraad within
the period of tliree months after its execution, and in default of such
ratification this Convention shall be null and void.
Article XXXIII.
Forthvvitli, 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 Koyal
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 Hur^jhers, 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 obliga-
tions thereto appertaining, on the 8th day of August ; and we promise
and undertake that this Convention shall be ratified by a newly-elected
Vnlk'^raad of the Transvaal State within three months from this date.
APPENDIX B.
LONDON CONVENTION.
A Convention betwken her Majesty the Queen of the United
Kingdom of Great Britain and Ireland and the South
African RErui'.uc.
February, 1884.
Whereas the Government of the Transvaal State, through its Dele-
gates, consisting of Stephanus ]■ .innes I'aulus Krugcr, President of the
said State, Stephanus Jacobus Du Tnit, Superintendent of h^ducation,
and Nicholas Jacobus Sniit, a member of tlie Volksraad, have repre-
sented 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 Distin-
guished 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 Afiican Republic) by the above-
named Delegates, Stephanus Johannes Paulus Krugor, Stephanus
jacobus Du Toit, and Nicholas Jacobus Smit, shall, when ratiiied by
the Volksraad of the South African Republic, be substituted for the
articles embodied in the Convention of 3rd August, ilS8r ; 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 whore the north-eastern boundary line of
Griqualand West meets the Vaal River, up the course of the Vaal River
377
378
APPENDICES
to the point of junction with it of the Khp Kiver ; thence up the course
of the Klip Kiver to the point of junction with it of the stream called
(iiinsvlci ; thence up the (Jansvici stream to its source in the Drakcus-
berg ; tlicnce to a beacon in the boundary of Natal, situated imme-
diately opposite and close to the source of the Gansvlei stream ; thence
in a north-easterly direction along the ridge of the Drakensherg,
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
tliis mountain ceases to be a continuous chain ; thence to a beacon on
a plain to the north-cast of the last described beacon ; thence to the
nearest source of a small stream called ' Division Stream ' ; tiience
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 liutialo
Kiver 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 j'ards to Bea, I., situated
on a spur of tlie 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 uf the
N'Yawos Hill in that range (Bea. XVI) ; thence to the northern peak
of the Inkwakweni Hills (Bea. XV.) ; thence to Scfunda, a rocky knoll
detached from and to the north-cast end of the White Koppies, and to
the south of tlie 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'gvvangwana, 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 (15ea. 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 higliesl
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-
cast of Derby House, known at; Magwazidili's Beacon ; tlience 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 sitle of tiie
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 Ibubu-
lundi, four smooth bare hills, the higliest 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
APPENDIX B
379
of the Impulazi River (Bca. V.) ; thence to a low bare hill on the north-
east of, and overlookinj^ the Impulazi River, to the south of it being a
tributary of the Impulazi, witii a considerable waterfall, and the road
from the river passing 200 yards to the north-west of the beacon (Bea.
IV.); tlicnce to the highest point of the Mapunnila 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 (15ea. 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 rugt;ecl hill of
considerable height falling abruptly to the Komati River, tliis hill being
the northern extremity of the Isilotwani range, and separ.ited from the
highest peak of the range Inkomokazi (a sharp cone) by a deep neck
(Bea. I,). (On a ridge m 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 ti.c 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 Olifiut'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 tl:e 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 luw 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. q), 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 higliest
point of an isolated hill, called Dikgagong, or ' Wildebeest Kop,'
situated south-eastward of, and about 3^ miles distant from a iiigh 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 Mo^hweu, situated to tlie 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, Mosluveu ; 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 (Xu. 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 Not wane 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 througli 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 ^Laclase, to Ramatlabama, a pool
on a spruit north of the Molopo River. From Ramatlabama the
boundary shall run to the summit of an isolated bill called Leganka ;
t^
3So
APPENDICES
tliuiice, in a straitjlit line, passing nortli-cast of a Native Station, near
' Buurnian's Drift,' on the Molopo River, to that point on tlie road from
Mosicga to the old drift, where a road turns out through the Native
Station to the new drift below ; thence to ' Ijuurnian'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. Auscin, a tenant on the
farm ' Vlcifontein," No. 117; thence, in a straight line, to the nortli-
western corner lieacon 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 I'olfontein to Sehuha, and until the direct road
from Polfontein to Lotlakane or Pietfontein is reached ; thence, al mg
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 trom Lotlakane to Kunana is
reached ; thence along the east side, and clear of tiiat 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 fro'.u Kunana to Mamusa is
readied ; thence, along the eastern side and clear of the road towards
Mamusa, until a road turns out towards Taungs; thence, along tlie
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 Monthc 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 IL
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 Govern-
ment of the South African RepubUc 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
reque-^^ed to appoint a referee to whom the said persons shall refer any
que.siions on which they may disagree respecting the interpretation of
■P
APPENDIX IJ
3«'
the said Article, and the decision of such referee tiieicon shall he filial.
The arrangement already made, under the terms of Article K) of the
Convention of Pretoria, of the 3rd August, iHiSi, between the owners of
tlie farms Grootfontein and Valleifontein on the one hand, .nid tlic
H.irolonji authorities on the otlicr, hv which a fair share of the wafer
supplv of the said farms shall be allowed to flow undisturbed to tiie
said Barolongs, shall continue in force.
Article III.
If a British officer is appointed to reside at Pretoria or elsewhere
witiiin the South African Republic to discharge functions analogous
to those of a Consular oflicer, he will receive the protection and assist-
ance 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 I^epublic, 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 s'sall not, within six months after receiving
a copy of such treaty (which shall be delivered to them immediately
upon its completion), have notihcd 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.
Akticle 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
;^250,ooo, which will be a second charge upon the revenues of the
Republic.
Article VL
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 i,'ioo per annum, wliich will extinguish the debt in
twenty-five years. The said payment of six pounds and ninepence per
^100 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 tc 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
38-«
APPENDICES
person who has remained loval to Her Majesty during tiic late hostiliticj
shall siiffiT any molestation by reason of his loyalty ; or be lialMe to an)
criminal prosecution or civil action for any part taken in coniiectior
with such hostilities ; and all such persons will have full liberty tc
reside in the country, with enjoyment of all civil rij^hts, and protcetior.
for their persons and property.
AfrncLE VIII.
The South African Republic renews the declaration made in the
Sand Kivcr Convention, and in tlie Oinvention of Pretoria, that no
slavery or apprenticeship partaking of slavery will be tolerated liy the
Government of tlie said Republic.
Article IX.
There will continue to be complete freedom of religion and protectiun
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 Rcpul)lic
will receive every ass- tance from the Government of the said Rcpuhhc
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 dchned 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 boundarj' 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 consideiation
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 improve-
ments thereon.
Article XII.
The independence of the Swazis, within the boundary hue 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
■i
AFPENlJlX B
383
article cominj» from any part of Her Majesty's dominions than are oi
may be imposed on the Hke article coming from any other place ot
country ; nor will any prohibition be maintained or imposed on the
importation into the South African RepubUc of any article comir.j^ 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 tu
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 01
possessions.
Article XIV.
All persons, other than natives, conforming themselves to the law.s
of the South African Republic (a) will have full liberty, with thcii
families, to enter, travel, or reside in any part of the South African
Republic ; (6) they will be entitled to hire or possess houses, manu-
factories, 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,
i88r, 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 transfer;, o:
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 foi
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 faith-
fully to fulfil the assurances given, in accordance with the laws of the
384
APPENDICES
S.'uth African Kcpublic, to the iiiitivcs at the Pretoria Pitso by the
Koyal Cuinini^^iiiuii in the presence ot the Triumvirate and with their
entire absent, (i) as to the freedom of the natives to buy or otiierwise
acquire land under certain conchtions, (2) as to tiie appointment of a
commission to mark out native locations, (3) as to the access of tlu;
natives to the courts of law, and (4) as to tiieir beinj^ allowed to move
freely within the country, or to leave it for any le^al purpose, under
a pass syst(;m.
Article XX.
This Convention will be ratified by a \'olksraad of the South African
K'epublic within tiie period of six months after its execution, and iu
default of such ratification this Convention shall be null and void.
Sij«ned in duplicate in London this 27th day of February, 1884.
HKi^CULES I^OBINSON.
S. J. P. KRUGEK.
S. J. DU TOIT.
N. J. SMIT.
APPE:iDIX C.
PRESIDENT KKUGEKS AFFAIRS IN THE RAADa
1889.
PRESIDENT.
yuly. — His Honour accepts a loan of ;£7,ooo from the State funds at
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 nas 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 ont; 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 :
SiK.
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
H 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
auch connection. I have, etc.,
F. Eloff,
Pr. Secretary.
1892.
FIRST i^AAD,
PRESIDENT.
May 24. — It was resolved that a dam be constructed on the President's
♦arm 'Geduld' at a cost of ;^4,5oo, at the expense of the Treasury.
38s cc
.!»*''
APPENDICES
SKCOND RAAD.
The Public Works Department report that the road across the
President's farm '(I'-duld,' estiinatod to cost £1,500, had actually cost
;t*5,ooo. Mr. Mkyku slated that this road was of absolutely no use to
anyone but the owner of the farm !
FIRST RAAD.
fune 15. — Letter from Mr. Mare, Deacon, on behalf of the United
Church, Pretoria, coniplairiitig that of the twelve erven j^iven by
CjDvennnent to the Church, they had been deprived of four, which
had been handed over to the President's Churcli, the Gerevoorinecie
or Dopper, and two of these had again been transferred to the
President iiimself.
yune 16. — After a lengthy discussion it was resolved that tiie 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 Kstimates Committee
of 1890, in which it was stated that of ;^i40,ooo spent on the Pretoria
streets, vouchers for ;£22,ooo were missing, ''"he Raad decided on
the President's stating that nothing was wrong with the accounts to
send the memorialists a copy of the resolution of laft year.
1893.
yuly 17. — The PKESiDiiNT said it was simply murdering the erection of
factories to say there should be no concessions. He denied tliat
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."
August 3. — The President said that speculation, when fairly conducted,
was justifiable, and the Government had acted according "li 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.
' By this name is known the series of transactions in which Govern-
ment 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.
iv,:,
APPENDIX D.
^^OLKSRAAD DE HATES.
Extrach Jrom 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. Gkoulaar asked whether an aerial tram was a balloon or
whether it could fly throu^^h 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. Tauaaku 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. Taljaakd wished to know if the words ' pyrites' and ' concen-
trate;. ' could not be translated into the Dutch language. He could
not understand what it meant. He had gone to niglit-jchool as long
as he had been in Pretoria, and even now he could not explain every-
thing to his burghers. He thought it a shame that big hilb 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 miglit 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 ir 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 lovvi-'
ing the tariff did not act for the benefit of the country.
387
3«8
APPENDICLSj
1890.
May 29. — A discussion of considerable length took place on a petition
from burj^liers of Gatsrand, Potchefstroom district, praying that at
least two-thirds of the Governme.it 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 Prksident 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 beheve 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 ;^i3,ooo
iiad been given on loan to the Boeren Winkcl CBoer 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 disappear-
ance 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. LoMiiAARD said the Gold F"ields 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.
APPENDIX D
389
189 1!.
SECOND RAAD.
May 6. — Protracted discussion arose on the Postal Report, the Conser-
vatives being opposed to erecting pillar-boxes in Pretoria on the
ground that they were extravagant and effeminate.
OOM Dyle (Mr. Tauaard) 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
tiie Executive the President fell into a passion with Mr. Loveday
who thought a Minute-Keeper unnecessary, and left the Raad in a
temper,
^une 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 adver-
tisements to papers which supported the Government.
i',
PRESIDIiNT AND GENERAL.
fuly 21. — Gtueral 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 Govern-
ment's intention with regard to the amount on the Estimates, but his
conununications were treated with silent contempt.
The President made a long speech, in which he said he felt great
grief at being .hus 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.
^uly 21. — After the /esolution hid been taken on Mr. Van Niekerk's
proposition regi.rding con\pen;;ation 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.
:|
■ J
i
.■■J
■-■■ t
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 ».' it tried to raise its hand against the mighty
hand of the Almighty.
Messrs, Declerq and SteenkampspoU'^ in the bame strain, quoting
largely from the Scriptures.
I
390
APPENDICES
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 ihe 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 trek-
king 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 frcm. It was English blood boiling to protect English
manufacture.
1893.
fune 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
Voiksraad !
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, fur which the State was responsible.
Mr. Le Clekq maintained that the Cape Free State Une 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. Jam 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 siz^? and shape of neckties.
JAM CONCESSION.
August 20. — The President said he was against concessions generally
speaking, but there wers oases where exceptions should be mafic.
There was for instance the Jam Concession. The manufacture ot
jam ought to be protected.
APPENDIX D
391
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. LoMBAiXRO 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 town^;-
people, let matters remain unaltered. If he resided in a town and
speculated he would be able to pay twopence.
Mr. ScHU'iTK 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 ;ind
pointed out it would mean ruination to the country if the Raad
resolved ito increase the number of the members, and amidst some
confusion he left, dechning 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 1 > 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 ciiildrcn
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 saymg
that if they went through the list of those who had signed the
memorial for the annexation of the Transvaal by the EngHsh, they
would find without exception that thosr wno sigiied were Enghsh-
' a
392
APPENDICES
speaking. He was against children being taught English so early, as
when they were taught young their minds became poisoned witii
English views.
Mr. Otto agreed with tlie 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 Chah^man thought many members made too much of the
English language already. One language was sufHcient, 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 m the course of a violent speech said those
people who wanted English taught in the State-aided schools were
aiming ♦^ the independence of the State. They wanted to bring
dissension in the midst of the burghers by teaching new and wrong
ideaii, 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.
Tiie law remained unaltered by 12 to lO.
1895.
■fuly 26. — The matter of purchasing diamond drills cropping up, the
Prfisidknt said it was true thai the two industries mining and
agriculture went hand in hand, but it must be remembered that
every fresh goldlield 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 agri-
cultural 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 CONSIDRRED IMPIOUS.
Augusi 5. — A memorial was read from Krugersdorp praying that the
Kaad 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 thev 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
APPENDIX D
393
manner ? It was terrible to contemplate. He hoped that the Raad
would take steps to prevent such thing's happening.
The Chairman (who is also a member of the Memorial 'Jomniis-
sion) 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. Meyer said such things were actually done in Johannes-
'^urg. ^ast year during the drought men were engaged to send
charges of dynamite mto the clouds. They fired from the Wanderers'
Ground and from elsewhere, but without result. Then some one
went to Getmiston 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 com-
panies in Europe which employed numbers of men to do nothing but
jhoot at the clouds simply to bring down rain. It was wonderful
that men could think of doing such things ; they ought to be pro-
hibited 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 tlie 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 ,onsider 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. Wolmaiuns moved : ' That
this Raad, considering the meir.orial now on the Order, resolves to
agree with the same, and instructs the Government to take the neces-
sary 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 Rand lo decide.
Mr. Ren'SBURG 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 w.ho
were not strictly virtuous bur to accuse them as a class of being
394
APPENDICES
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.
: i(
Septemhei 4. — An Executive resolution was read, stating that the
Executive had decided to deprive Malaboch of his rights of chief-
tainship, 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 £^
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, m 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, a id Mr. Jeppe seconded, that
Executive resolution be accepted for notice.
J««
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
WHAT THE BURGHERS WISH.
PETITIONS. —
Petitions were read praying for the extension of the franchise. The
ptiitioncrs 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, tliat the number of the
non-enfranchised far exceeded the number of the burghers, that
taxaiioii wa.-, so arranged that the non-enfranchi.sed bore four-fifths of
the taxes. The memorialists pointed out that one of the Republican
principles was equality, but that notwithsianding the numerously signed
memorials the fiaad decided last year to make the Franchise Law so
stringent that a new-comer could never obtain the francliise, and his
children could only obtam 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 oy 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 qualihcation.
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 burgliers, stating that v.'hile they valued the friendship
of the peace-abiding Uitlanders they petitioned the Raad not to extend
the tra'iclnse ur alter last year's law.
A nuMnonal from Krugersdorp was to the effect that the franchise
■•houid not W .'yK.iicL'd until absolutely necessary, and then only in
\'i ■
APPENDIX K
397
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, pra\'ing that the
children of LJitianders born here should not be j^rantcd tlie 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 signa-
tures, pointing out that they objected to the memorial issued by tlie
National Union, and they wanted the system of one-man-one-vote and
the ballot system adopted before they asked for the franchise.
t. ' ■
'. "t ;
THE committee's RECOMMENDATION'S.
The Memorial Committee recommended that the law remain un-
altered, because the memorials signed by full burghers recjuested no
extension to take place.
Mr. Lucas Meykk, who was chairman of the Memorial Commission,
submitted a report, stating that he was in the minoril^;? and differed
from his fellow-committeemen. There was not a single member of the
Raad who would use his powers more towards maintaining the inde-
pendence 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, recog-
nised 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 pos-
sible 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 he done.
On t'.ie contrary, a ),irge number of tiicm were against it. They did
not wish to exclude '.he new-comers for all eternity, but just now they
should make no cjncession. 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. // would be contrary to Republican principles. Yes, he repeated
it would be contrary to the principles of Republicanism, and were new-
comers admitted to the franchise the old burghers would be deprived
of ail 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. Tht
Election Law was there, and they should abide by it.
'■ . \
' >t
i9^
APPENDICES
The Chairman called the speaker to order and advised him to keep
ti) 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 sav
resist to the bitter end any attempt to alter the law as
stood. He spoke on behalf of his constituents and
that he would
it at present
himself.
Mr. Jkppe
in the course of his speech, said : Who are the people
•vho now demand from us a reasonable extension of the franchise ?
There are to begin with almost a thousand old burghers who consent
to such exiension. 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 Kand, 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 :nay 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 otiier fatherland than this Republic, but
whom the law regards as strangers. Then too there are the new-
comers. 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,
wliich 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 con-
vincing proof how untenable is the position which we have assumed ?
APPENDIX P
399
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 tliat day. when we shall
find ourselves in a minority of perhaps one in twenty, without a sinj^le
friend amongst the otlier 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 succeedv-d 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 Bkek 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
8o,o(x) 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 wlien 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 tlieir
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,(xx) 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 I 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 I
The Chairman : Order, order !
The President then endeavoured to qualify his remarks by re-
asserting 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
f ranting any extension, saving in cases like that he mentioned tlie other
ay. 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
>.H
'I
400
APPENDICES
to be drnined off. Well, this had been done in the cnse of commando
men. They were the clean water which was drained off and taken
into thi' inner dam which consisted of clean water, hut 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 Kaad mij^ht just as well j»ive
away the independence of the country as j^ivc all tiiese new-comers,
tliese disobedient persons, the franciuse. Tliese persons knew there
was a law, but. they wished to evade it ; they wished to climb the wall
instead of poing along the road quietly, and these persons should be
kept back. He earnestly cautioned the Raad against adopting Mr. L.
Meyer's propo.sal.
Mr. D. JouBERT said excitement would not avail them. They h.id
to be calm and deliberate. Now, what struck him was hrst 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, con-
tinued), and he would never grant the request if the decision was in
his hands.
Mr. A. J. WoLMAR\Nssaid that his position on this question was that
he would not budge an inch.
Mr. Jan Meykr impugned the genuineness of the petition, and said
he hacf 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 Johannes-
burg 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 laxv. 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 signa-
tures were not genuine, for he found on these petitions the names of
his next-door neighbours, who had never to!0 him a word about their
signing such petitions.
Mr. Otto again addressed the Raad, endeavouring to prove that
memorials from Ottos Hoop contained many frrgeries. He said that
he did not consider the Joliannesburg pcoi le 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
franchise were not extended there would
these constant threats. He would say,
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 e ery burgher of the
South African Republic is with me.
The Chairman (rapping violently) : Order, order 1
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.
'J'he Chairman : Order I
Mr. Otto : They called us rebels then. I say they are rebels.
Loud cries of ' Order ! '
frequently lieard that if the
be trouble. He was tired of
' Come on and light 1 Come
!||
AFFKNUIX K
401
Mr. Otto : I will say to-dny, those persons who sij^ned the memorials
in that book are rebels.
The Chairman: Will you ktp order? You have no rij«ht to s.iy
such things. We are not considering the question of powers, but the
peaceful (juestion 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 Pkksidknt said they had to distinguish between trustworthy
persons and untrustworthy, and one proof was their Roing on com-
mando, and the other was their becoming naturalized People who
were naturalized were more or less worthy, and if they sep.irated
themselves from, the others who would not get naturalized, and peti-
tioned the Raad themselves, the Raad would give ear to their petition.
He strongly disapproved of the Ra.ad 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 citizensliip,
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 agn 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 con-
siderable, 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
OD
1: f.
1 #'
if
^ m
M
^CJ
APPENDICES
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 refer-
ence 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 tlie 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 Pkksident 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 olticials, 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 clamour-
ing 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 our-
selves as well as you.' '^fl,' 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, calhng 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 naturaliza-
tion 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
APPENDIX P
403
, r
1*^
receivs 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 co 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 peti-
tioned 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
unfaithf'.i, nor could any exception be taken to it on the ground ot
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 Love-
day's statements, when they said a man could not become a full inember
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 argu-:i?nts to refute those of Messrs.
Jeppe and Loveday, causing much )au;,^ lei.
Mr. LovEDAY replied to the 'iesi':nt. .^specially referring to his
Honour's statement that he fIvL , Lo^ediy) was wrong when he said
that a person would have to v/^if until he was forty before he could
obtain the full rights. He ' "v . iAweday) repeated and emphasized bi.;
statements of yesterday.
The Chairman said there wa." no doubt about it. What Mr. Lc ••"!>/
said regarding the quaUficatior. ; and how long a man would have 10
wait until he was qualified to become a full hurghcr was absolutely
correct. It could not be contraaicted. The law was clear on that point.
There was no doubt about it.
Mr. Jan ds Beer : Yes ; I see now Mr. Loveday is right, and I am
wrong. The law does say what Mr. Loveday said. It r/iust he allercd.
The debate was closed on the third day, and Mr. Otto's nioviDn to
accept the report of the inajority of the Committee, to refuse t'.c re |uest
of the memoralists, and to refer them to tbt- existing l?,Wi'<, w?s carried
by sixteen votes to eight.
''i I
M'
\ hi
if
1 : I i
'liiili
APPENDIX G.
TERMS OF DR. JAMESON'S SURRENDER.
Sir Hercules Robinson to Mr, Chamberlain.
Received April 6, 1896.
Sir,
Government House, Capetown,
March 16, 1896.
I have the honour to transmit for your information a copy of
a despatch from Her Majesty's Acting Agent at Pretoria, enclosmg
a communication from the Government of the South African RepubUc,
accompanied by sworn declarations, respecting the terms of the sur-
render of Dr. Jameson's force, a summary of which documents I tele-
graphed 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,
Enclosed in above letter.
Governor and High Commissioner.
Sir,
From H. Cloete, Pretoria, to the High Commissioner,
Capetown.
Pretoria, March nth, 1896.
I have the honour to enclose for the information of your E.vcel-
lency a letter this day received from the Government, z. summary of
which I have ilready sent your Excellency by telcf^raph.
I have, etc.,
H. Cloete.
Department of Foreign Affairs,
Government Office, I'retoria,
Division A., R.A., 10^6/1896, March 10, 1896.
B., 395/90-
Honourable Sir,
I am instructed to acknowledge the receipt of the telegram Iv ra
his Excellency the High Commissioner to you, dated 6th instant, ...
404
ii
■ :if
APPENDIX G
405
warded 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 imme-
diate reply.
In order to leave no room for the slightest misunderstanding, and ta
put an end to all false representations, the Government has summoned
not only Commandant Cronje, but also Commandant Potgieter, Com<
mandant Malan, Field-Cornet Maartens, Assistant Field-Cornet Van
Vuuren, and others, whose evidence appears to be of the great'^st
importance, and places the matter in a clear and plain light
The information which the Government has found published io the
papers is of the following purport :
(■
Vt'
<'r.
' The Doornkop Surrender : Alleged Corrbspondencb.
'London, Monday, 11.15 <*•*"•
• 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 Cronji to Willoughby.
"'l''° ifti ...ke notice, I shall immediately let our officers come to-
get> :,r to d •-ide upon your communication."
'From Cronji to Willoughby,
' " I ac knowkdge your letter. The answer is, If you will undertake
to pay f.hi; 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." '
1 have now the honour to enclose for the information of His Kxcel-
lency 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. Crimmandant Malan.
y J S; Celliers, substantiated by B. J. Viljoen, and the interpreter,
K J. ii-dendorff.
i hese sworn declarations given before the State Attorney agree in all
the orincipal points, and give a clear summary of all the incidents of
the surrender, and from the main points thereof it appears, inter aha :
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 taker up the proper
standpoint, and has followed the general rule in mi'ers of iirj;ency,
'■ i
m
'!•
406
APPENDICES
such as the one in L^tnU, and where the Commandant-General was not
present in person on the field of battle, first and before treating wish-
ing to consult with his co-commandants in as far as was possible.
That a note such as appears in his declaration was sent by Com-
mandant Cronje.
That neither Commandant Malan nor Commandant Potgieter were
present at the despatch of it.
That the reply thereoa from Willoughby was received by Com-
mandant Cronje, as appears in that declaration.
That Commandant Cronje then, in compliance with the note sent by
Commandant Potgieter "■« well as the other commandants and officers
mentioned in the declare . ■>n of Crcnje, rode up.
That Commandant Crcvi" ' ' e^ explained his own note.
That thereupon also Cou.!!*. '1 nt Malan joined his co-commandants
and officers, and at this time c . • andants 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 under-
stand 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 telet^ram 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 Commis-
sioner 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 misunderstandkig,
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 Secre-
tary of State and Kis 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
cotmection with the question of the surrender of Dr. Jameson's force,
I have, etc.,
C VAN BOESCHOTEN,
Acting Slate Secretary.
His Honour H. Cloete,
Acting British Agent, Pntotia.
APPENDIX G
407
secre-
the
low
good
iry.
Appeared before me, Hermanus Jacob Coster, State Attorney and ex-
officio ^,P. of the South African Republic, Pieter Arnoldus Cronie,
Commandant of the Potchcfstroom District, who makes oath and states :
I was, together with H. P. Malan (Commandant of the Rustenhurg
District), and F. J. Potgieter (Commandant of the Krugersdorp District),
one of the commanding officers of the burgher forces in the iights
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 Com-
mandant 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 wiUing 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 tlien instructed by the three com-
mandants 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
tiie 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-Goneral, and his
terms were the same as those we had already laid down.
P. A. Ckonje.
Sworn before me on this 7th day of March, 1896.
H. J.' Coster,
State Attorney and Ex-officio J. P.
■^\
? •
ji"f
We, the undersigned, Jan. Thos. Maartens, Field-Cornet of the Ward
Gatsrand, District Potchcfstroom, and Daniel Johannes Janscn van
4o8
APPENDICES
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 declara-
tion is correct and in accordance with the truth.
{AN. Maartens,
). 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 cx-
officio J.P. of the South African Republic, Frederick Jacobus Pot-
GiETER, Commandant of the Krugersdorp District, who makes oath and
states :
On the morning of ,' lary 2, I received a written report from tht
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 officer" ngether and would then immediately
notify him. The report .eceived 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
Celliers, dated March 6, 1896, and confirmed by Messrs.
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.
given by J. T.
Michiel Joseph
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 Jame-
son, 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 inter-
ki',S
APPENDIX G
409
i ii:;
Ereter (AdendorfiF) was instructed to translate to Jameson what had
een spoken. He did so. lameson 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 com-
mand 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. COSTZR,
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, Jan Stephanus 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 un-
known 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 intro-
duced by Adendorff, who spoke English, to Jameson. Thereupon
Cronje said to Jameson, ' I understand that you and your men will sur-
render yourselves with your flag and everything you possess ?* Jame-
son said thereupon, ' I fight under no flag.'
Cronje then replied, 'Then I must beheve you upon your word that
you have no flag ?' Jameson then said, ' I declare under oath that I
possess no flag.' This convei sation was interpreted word for word by
Adendorff. Shortly afterwards Commandant Malan also arrived there
I'e 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 sur-
render 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 guar^intee 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,
; 1;
','j
' It*
}^^
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410
APPENDICES
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, a.s 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-officto J. P.
Colonial Office to War Office.
Sir, Downing Street, April 2j, 1896.
I am directed by Mr. Secretarj' Chamberlain to request that you
will lay before the Marquis of Lansdowne the undermentioned paper-
on the subject of the surrender of Dr. Jameson's force to the Boers.
1. A despatch from Sir Hercules Robinson, enclosing sworn declara-
tions taken by the Government of the South African Republic. A tele-
graphic 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 defen-
dants.
3. A despatch from Sir Hercules Robinson, enclosing a sworn state-
ment.
Lord Lansdowne will observe t.om Sir H. Robinson's despatch of the
i6th 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 con-
ditions. I am, etc.,
R. H. Meade.
War Office to Colonial Office.
Received April 28, i80.
War Office, London, S.W.,
Sir, April 27, 1896.
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 discus-
sion 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.
M'J
.1 '
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11
jfB
APPENDIX H.
SIR JOHN WILLOUGHBY'S REPORT TO THE WAR OFFICE,
The subjoined document is printed in the form in which it was supolied
to the author by a journalist, to whom it had been given as a fair state-
ment 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 LFFT
THE PROTECTORATE AT THE URGENT REQUEST OF
THE LEADING CITIZENS OF After th I. ^T./.u
LmE?T "^of'^^standTSp ^'11 ^;i^^'^^^^'' smarted.
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 ha^e
entailed heavy and useless slaughter.
1).!$ a.m. With Dr. Jameson's permission, I therefore sent word to the
Commandant that we would surrender provided that he would give a
APPENDIX H
4x9
Hif^li
guarantee of safe conduct out of the country to every member of thr.
force.
To this Commandant Cronje replied by a guarantee of the hvcs 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 :
(i) The delay occasioned by the
demonstration in front of Krugcrsdorp,
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-Johanncsburg section of
the road, as previously promised by
Johannesburg.
(3) The delay consequent on moving
to the firing 01 the supposed Johannes-
burg column just before dark on
Wednesday evening.
I append (i) a sketch-map of the
route from Pitsani to Krugcrsdorp,
miles) was covered in just under 70
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 ist 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 ist.
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.
How is it that nothing was said of
this to Celliers and Kowland ; 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 des-
patched on Thursday before daybreak
afkr the Krugersdorp fight ? How is
it that if the forces were to meet at
Krugersdorp Dr. Jameson telegraphed
to Dr. Wolff to meet him en rouU, so
as to decide whether to turn off 20
miles before reaching Krugersdorp and
march direct on Pretoria or go into
Johannesburg first ?
marked A.
hours, the
This distance (154
horses having been
-I
.4
to the
give a
Composition of Force.
Lieutenant-Colonel Sir John Willoughby, Royal
Horse Guards
M.ijor Hon. Robert White, Royal Welsh
Fusiliers ...
Major C. Hyde Villiers, Royal Horse Guards...
Captain Kincaid-Smith, Royal Artillery
Captain Kennedy, B.S.A.C.'s Service
Captain E. Holden, Derbyshire Yeomanry
Surgeon Captain Farmer, B.S.A. Co. ...
Surgeon Captain Seaton Hamilton, late ist Life
(iuards ... .. ... ... ...
ffe-j
Commanding.
Senior Staff Officer.
Staff Officer.
Artillery Staff Officer.
Quartermaster.
Assistant Quarter-
master.
Medical Officers.
Ik
ir
490
APPENDICES
Lieutenant Grenfell, ist Life Guards ...
Lieutenant Jesser-Coope, B.S.A. Co.
Captain Lindsell, late Royal Scots Fusiliers
Major T. B. Stracey, Scots Guards
Major Heany, B.S.A. Co
Captain Foley >•
Lieutenant Harry R. Holden, late Grenadier
vjUaiQS ••• ••• ••• ••• ••• ••• /
Remount Officer.
Transport Officer.
In charge Scouts.
I Officers temporarily
attached to Staff.
Officers of Mashonaland Mounted Police.
Lieutenant-Colonel Hon. H. F. White, Grenadier
Commanding.
2nd in command.
Guards
Inspector Bodle (late 6th Dragoons) ...
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.
Pitsani
camp.
Mafeking
column.
FcHals
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 ,
0L4HX ••• ••• ••• •■• •••
Colony boys (leading horses, etc.)
Horses
Mules
One i2i-pounder, 6 Maxims, 6 Scotch carts, i Cape cart, 2 grain
waggons.
B.B. Police officers and men
Staff
Drivers and leaders ...
Horses
Mules
Two 7-pounders 2 Maxims, 2 Scotch carls, 2 Cape carts.
Officers and men
Staff
Drivers, leaders, etc.
494
14
75
Horses
Mules
M.H. Maxims
i2i^-pounder
7-pounder
Scotch carts
Cape carts
372
480
128
122
I
10
160
30
640
APPENDIX H
421
Ammunition.
Carried by men and natives
Carried in Scotch carts and Cape carts ...
On the guns
In carts ...
...
•••
On limber
On one Scotch cart
On limbers .<
In Scotch carts
Total
Total
'I'otal
Total
... 5o,(xx)
... ^4,000
Lee-Met
ritlo.
... I04,CXX3
... 17,000
... -:8,ooo
Maxim.
... 45,000
44
80
I2i.
pounders
2^
70
242
7-pounderi
The rifle ammunition used was that supplied by the Maxim firm for
their guns and also pellet powder.
The powder used with the 12^-pounder was that known as ' ballistite.'
Rocket signals and limelights were carried, but not used.
i^^
. !
Equipment Carried.
On the Persoa.
Rifle (10 rounds).
Bandolier (60 rounds).
Haversack (^ day's ration).
(d) Water-bottle filled.
On the Saddle.
(a) Nosebag (5 lb. grain).
b) Cloak on wallet.
c) Rille bucket.
d) Patrol tin (with grocery ration).
e) Leather axe-holder (every fourth
.cian).
Near-side wallet, 30 rounds and | day's rations.
Off-side wallet, jo rounds, tin dubbin, hold-all, and towcL
Average weight carried by horse x= 16 stone.
„ „ „ Scotch carts = 1,600 lb.
I;
APPENDIX I.
MANIFESTO.
If I am deeply sensible of the honour conferred upon me by bcin^;
elected chairnian of the National Union, I am profonndly impressed
with the responsibilities attached to the position, 'ihe issues to be
faced in this country are so momentous in ciiaracter that ir has been
decided that prior to the holding of a public meeting a review of the
condition of affairs should be placed in your liands, 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 utmecessiiry to recount all the steps
which have been taken by the National Union, and I shall therefore
con^'ine 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 : (i) The maintenance of the
independence of the Republic, (2) the securing of equal rights, and
(3) the redress of grievances. This brief but comprehensive pro-
gramme has never been lost sight of, and I think we may ciiallenge
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.
422
APPENDIX I
423
Disappointed Hopes.
The result has been only too disappointing, as the record of the
debates and the division list in the Volksraad prove. Wo wcic more-
over told that public speeches in Johannesburg prevented tlie F'ro-
gressive 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 tj ail. 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 pctifions from the table.
The Fk.vn'chise 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, witiiout any grounds whatever, that the
signatures were forgeries ; and, worst of all, one member in an inflam-
matory 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 bom here are
deprived of the rights of citizcnsliip 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 tiie
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 ihid 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 k
required for the needs of Government ; (6) 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
il
424
APPENDICES
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
condenmed 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 p' destal
on which he has so long stood should be destroyed. I challenge con-
tradiction 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
APPENDIX I
435
that all legislation is initiated by the Government, and, moreover.
President Kruger has expressly supported every Act by wliich we and
our children have been deprived by progressive steps of the rij^ht to
acquire franchise, by v.'hich 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 Govern-
ment 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 prodiicing,
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
the'r 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 wiiolly inconsistent
with the best intercstc of the people.
Squandering the Public Revenue.
The Delagoa Bay festivities are an instance of a reckless disregard
of a Parliamentary vote ; ^20,000 was voted for those useless festivities
— about ;^6o,ooo was really expended, and I believe certain favoured
gentlemen hailing from Holland derived the principal benefit. It is
said that ;£40o,ooo of our money has been transferred for some extra-
ordinary purpose to Holland. Recently ^^17,000 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
4*')
APPENDICES
were silenced by a vote of the majority prompted by President Krugcr,
The administration of the public service is in a scandalous condition.
A Corrupt Legislatuke.
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 tlic singular
fact that in every instance the recipient of the gift voted for the con-
cession. We have tlie 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 tlie period
of tlie 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 tiie
members of the Volksraad, and whose special business appears to he
the 'iHfluencing' of members one way or the other. It is openly
stated that enormous sums ef 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 ulTici.il, was punislicd under
the law, but nothing has ever been done since to eradicate the evil.
And a Taintkd Civil Skkvicf.
I think thousands of you are satisfied of the venality of many of our
public servants. I wish to guard against the assumption tliat 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 lone of the service destroyed, and to have themselves
made liable to be included under one general denunciation. But th^'re
can be no health in an administration, and the public morals must be
sapped also, when such things as the Sniit case, and the recent Stiemens
case, go unnoticed and unpunished.
Two Glarino 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 reUirned, was fined ^^25 for being absent without
leave, and was reinstated in office. He is now the Mining Com-
missioner of Klerksdorp. He has been charged in at least two
newspapers — one of them a Dutch newspaper, Lajici 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 lit 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 I'retoria, admitted that he had received ^^300
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 com-
ment strongly upon the matter. 1 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
AIT EN O IX I
4^7
' bewaarplaatscn. This shows what is facing on, and wliat is the
measure of safety of title to property. Those who should guard our
rtf'hts are our worst enemies. In a law introuaccd by the prcs(.'nt
(iovcrnniont, the Government, instead of the Courts, are the fni.il judf^cs
in cases of disputed elections. No Election Committees are allowed.
This operates aj^ainst candidates opposed to the Government, liccause
the Government has virtually a vast slandinf? army of committee men,
henchmen, officials beiu}^ allowed openly to take part in swaying elections,
and the Government being in a position, by the distribution of contracts,
appointments, purcliase of conce>sions, tlie expenditure of Secret
Service money and otlicrwise, to bring into existence ;md 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. Wc have had to pay the costs
of tile 'wars,' while the wretched victims of tlieir policy have had their
tribes broken up, sources of native labour liave been destroyed, and
large numbers of prisoners have been kept in goal for something like
eigiiteen 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 liad
revelations of repulsive cruelty on the part of field-corncts. We all
remember the Rachman case, and the April case, in which tlie juc
found field-cornets guilty of brutal conduct to unfortunate natives
but tiie worst features about these cases is tliat the Governmciit 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 d'lys ago made the astounding statement in regard to the April
case, that, notwithstanding the judgment of tiie High Court, the Govern-
ment tiiouglit that Prinsloo was riglit in his action, and therefore paid
the costs. The Government is enforcing the 'plakkersvvet,' 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 iiad sown their crops to provide the next winter's food. The
application of this law is most uneven, as large numbers of natives arc
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 aiile 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 tiietn among
Boer farms. The sources of the native L-.bour supply liave 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.
gcs
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
498
APPENDICES
attempt to Hollandcrise the Republic, and to kill the English Ianj»ua>;e.
Thoiisinds of children arc Rrowinjjup in this land in i;4iiorance, unfitted
to run the race of life, and there is the possibility that a lar;^e number
of thcin will develop into criminals. We have had to tax ourselves
privately to guard .against these dangers, and the ini(|uity of denying
education to the children of men who are paying taxes is so manifest
that I pass on with mingkd 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 con-
cession, of course under which not only was there no ade(iuate 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. Middelbcrg that the short section of
lo miles between Hoksburg and Krugersdorp is p.'iying more than the
interest on the cost of the construction of the whole line of railw.iy to
Delagoa Bay. To add these to its general revenue, of which lo 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 neigh-
bouring 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 Slate 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 wliole
State ? The powers controlling this railway are flooding the public
service with Hollanders to the exclusion of our own people, and I ma''
here say that in the most important departments of the State we ar
being controlled by the gentlemen from the Low Country. While th.
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 practi-
cally 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 Govern-
APPENDIX I
429
mcnt were pctitiuncd to suspend the duties, which arc cruelly liiL'h,
in order to assist the miiiinj; industry to feed its ialunirers. The
Government refused this request on the ple:i tliut it was not in a
position to suspend duties without the permission of tlie Volksraad,
and yet witliin a few days wc find that the (iovernment has jiiraiited
a concession to one of its friends to import ^rain free of duty and to
sell it in competition with the mercliants who have liad to pay duties.
I do not attempt to deal with tiiis important question adecpiately, but
pive this example to show how the (Iovernment rcjjards the rijt»hls of
traders.
MONOrOLIES.
It has been the sle.uly policy of the Ciovernment to j^rant con-
cessions. No sooner docs any commodity become absolutely essential
to the community than some harpy endeavours to }»ct a concession
for its supply. There is scarcely a commodity or a rij^ht which lias 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 lend to
paralyse our industries. There may be some of you wiio 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 Imprcgne 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 wc were rid of this incubus,
but within a few months the Government granted virtually to the same
people another concession, under whicli tiiey are now taking from the
pockets of the public ;^6oo,ooo 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 com-
prehension. Then, the curious feature about the matter is that the
Government gets some petty fraction of this vast sum, and tlie con-
cessionnaires have on this plea obtained enormous advances of public
moneys from the Government, without security, to carry on their trade.
Shortly, the concessionnaires arc entitled to charge 90s. a case for
dynamite, while it could be bought if there Vv^re 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 s enjoying a royalty of 2s. on every case of dynamite sold, and
that ht .las up to the present moment neglected to take up the
challenge. Proper municipal government is denied to us, .md 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
spokei ')y the great bulk of the people, is denied all official recognition.
The naiural result of the existing condition of things is that the true
owners of the mines are those who have invested no capital in them —
430
APPENDICES
the Government, the railway concessionnaires, the dynamite con-
cessionii.iircs, 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.
Hatked of the Saxon.
There is no disguising the fact that the original policy of the Govern-
ment is based upon intense hostility to tiie English-speaking population,
and that even against the enfranchised burgher of this State ihere 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 fur the employment of diamond drills to prospect Govern-
ment 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. ;^25o,ooo is
to be spent upon the completing of a fort at Pretoria, ;£ioo,ooo 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 ofilcers 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
tlie two great sections of the people from each other, instead of uniting
them under equal laws, or the policy which keeps us m eternal
turmoil with the ncigiibouring States ? What shall be said of the state-
craft, every act of which sows torments, discontent, or race hatred, and
reveals a conception of repubhcanism under which the only privilege
of tlie 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 i^o low that we are prepared to forget honour, self-
ll ^
APPENDIX I
431
respect, and our duty to our children. Once more I wish to state
agam m unmistakable language what has been so freqLnty stated n
per ect smcenty before, that we desire an independent republ c wliicS
S.n .h%*'"n '•^P^blic. in which every man who is prepLred to take
the oath of allegiance to the State shall have equal rights in wh ch our
tit'n "K^' ^:rfi'^ "P ''^'^ ^y ^'^^^ ^^ ""'^ed membesoTa strong
commonwealth ; that we are animated by no race hatred, that we deSf
to deprive no man. be his nationality what it may, of any right
The Charter of the Uxiox.
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 grievl ces
are.andsha answer with equal directness the question,^ Wha do
we want ?• We want : (i) the establishment of this^Republ c as a true
Repub he .• (2) a Grondwet or Constitution which shall be franiedbv
competent persons selected by representatives of the whole people and
framed on Imcs laid down by them-a Constitution which shLi be safe
guarded agamst hasty alteration ; (3) an equitable franchise 1-ivvfnd
airrepresentaton; (4) equality of ll/e Dutch and EnS LS^
^lnt?P°r^f '"^'^^ ° ^^' Legislature to the heads of the grea^depart:
?ourt 'of^-uTe v^tV''f°"^^''''^^'''"^^= (7) independence o?the
Ses-fs^ihlr.'! ^ adequate and secured remuneration of the
udges, (8) hberal and comprehensive education; (g) efficient civil
\nul^\7'-^ adequate provision for pay and pension\-\%) free trade^n
South African products. That is what we want. There now remains
the question which is to be put before you at the mcctincTf the 6H1
January, VIZ.. How shall we^t it? To this qiestTon I ^shal expect
Chakles Leo.N'ard,
Ckatrman of the Transvaal National Union.
APPENDIX K.
THE CASE OF THE CHIEFTAINESS TOEREMETSJANI
On the reports which have appeared the case or cases of Toeremets-
jani V. P. A. Cronje, Jesaja v. P. A. Cronje and D. J. Schoeman, Scgole
I'. P. A. Cronje and J. A. Erasrrius, have attracted, as well they might,
a good deal of attention. The following resum6 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 pro-
minence in the cross-exammation 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 i > 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
432
H
APPENDIX K
433
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 someUiirg
remarkable in another direction in order to encourage that confidence
in him as an impartial and fair-minded man vi'hich 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 Eras-
mus 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 suffi-
cient to cow any native. Mr. Schocman is the understudy of Abel
Erasmus, and is the hero of the satchel rase, 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, i^
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 Comman-
dant 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 Wkssels, 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
twentv-five. Commandant Trichard next gave evidence, and from him
Mr. Wi'.ssia^ elicited that Cronje had gone through no form of trial, but
handed over Jesaja and the other twelve indunas to be lloggi'd by
Erasmus and Schoeman.
Advocate : Do you positively swear that Commandant Cronje speci-
fied 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 tlic onus now lay on the delendants
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 tba sentence by
FF
IS
434
APPENDICES
Cronje upon the indunasand 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 Schocman 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 ouglat to have advised her oetter 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. Wessfxs cross-examined the witness upon this point as follows : —
Advocate : I believe Commandant Trichard accompanied you on this
connnission ?
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 tlie shoulders.' Do you positively deny that von
said anytliing about twenty-five lashes ?
Witness : Yes, I deny it.
Advocate : Do you deny that you gave any indication or opinion as
to what ouglit 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 mis-
takes in this business. I want you to tell the Court which of you two
men under oath is lying and wliich is telling the truth.
Witness : Commandant Triciiard is lying.
(At this point there was some commotion in Court caused by Com-
!,'%,■
APPENDIX K
435
the
mandant 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-e.xamination, but it is unnecessary to further detail this part
of the proceedings, as the same ground was covered by Mr. Justice
torissen, who took the witness in hand and whose cross-examination
rought 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 v.'as 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 indict-
ment 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
:\gainst 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.
436
APPENDICES
Witness ; I sentenced her to pay a fine.
Judge : And then as regards the thirteen indunas, if they were
indunas, as you denv sentcncintj tiieni we need not refer furtlier to
that point, but I put this to you — there was no evidence brougiit against
them ?
Witness : No.
Judjie : There was nothing to show that these men had ever advised
the woman or were in a po^ ition 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 tiiey ougiit to have advised her differently,
and you thcrufore 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 tliese 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, ana if we are to accept your
evidence as true, you did not try the men whom you were to have tried.
You heard evidence neitlier for nor against them, but you handed them
over to — to wliom, 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 witiiout
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 ; Riglit ! 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 saj'^ "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 tliree cases were settled
on the following basis : Tlie Government refunds Toeremetsjani the
£J47 IDS. with interest at 6 per cent, from the date of payment by her
to i'.rasmus, and pays lier costs, to be taxed as between attorney and
client.
The Defendants Cronje, Erasmus, and Schoeman, pay each of the
thirteen indunas who were flogged £25 as compensation, and pay the
costs of Jesaja and Segole, to be taxed as between attorney and client.
APPENDIX K
437
Postscript.
One last touch of irony is needed to complete the story of the suits
brought by the Chicftainess Toeremctsjani and her indunas against
Messrs. Erasmus, Schoeman, and the rest. It seems tliat tiiese same
gentlemen have actually been appointed by the Government to 'in-
vestigate matters' in the district where these Kaffirs live. Poor
Toeremctsjani and the unfortunate indunas, as a contemporary remarks,
m.ay 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 tlu; natives it is as
well to recall anotiier recent incident which has latelv 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. Tiiis leave
was granted. Immediately upon this becoming known petitions were
got up among the Boers, with the result that \he 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 tn forma
pauperis. Comment (concludes the correspondent who sets out tlv:se
various facts) is superiluous.
ti
1:
•■s
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.G., is
a professional expert in handwriting, recognized and employed by the
Director of Puolic 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 forced
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 ot "
" town."
438
APPENDIX L
439
' Major Sir J. C. Willoughby reads line 6, " Wc (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 iirst 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."
' Af^ain, 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> ^ respectfully submit that the missing words supplied are abso-
lutely 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, he 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 linal " 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 oi the word " true " in
line 3, and the " e" at the end of " intense," line 4. The writer, wlien
making a final "d," makes the latter portion of the letter somtt'ijng
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 t!;e 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 j'ou 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 portion of tlie letter
" p," as I have examined various specimens of Colonel Rhodes' hand-
writing, 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." Consequentl}', 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
440
APPENDICES
fellow," is not onlj' inconsistent with the amount of space available,
l)iil does not lit in with the letters and portions of letters still vi'-ible.
'T. H. gurkin;
Contents of the letter according to a statement signed by Dr.
jruneson, Sir John Willoughby, Major Robert White and Colonel
'i\';ilci,i;h Grey : —
' The rumour of massacre in Johannesburg that started you to our
relief was not true. We are all rigiit, 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 Krugcrsdorp. You are a gi'llant 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 al! 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 Ime
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 nunfher 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, loUi April, 1897.'
INDEX
Act of Annexation, 16
Visitations for reforms, 60
A ncsiiof, Judge, 149
As witness, 224
Member of Ccmmission, 155
On Maniis and Malan, i.)8
Relinquishes judij^eship, 299
Trial of Reformers and, 231
Annexation party, 47
Anstrutiier, Col., at Bronkhorst
Spruit, 30
April case, loi
Auchinleck, Captain, 37
Auret, J. G., 151
Aylward, Alfred —
On annexation of Transvaal, 12
Quotes despatch on Zulu claims.
22
B
Bailey, Abe, 127, 151
Receives telegram from 'Godol-
phin,' 137
Banjai, Republic of, 55
Barherton Goldtields, Develop-
ment of, 78
Barberton, Sheba Mine, 60
Barbour, Dr., shot, 42
Barry, J. D., on delegates' mission
to England, 21
Basutoland, Fugitives from, 7
Basutos and 'I'ransvaal Boers,
199
Bech uanaland —
Boers in, 50
Border Police, 139
Fugitives from, 7
licit, Alfred —
And reform, 121
Graaff's sug.qcstion to, 294,
note I
Bethcil murdered, 51
Bettington, Col., starts to rr.'.'et
Jameson, 171
Bew.'uirplaatsen question, 92, 95,
and note, 346, 352
Bezuidcnhout, 41
At Fotchefstroom, 30
Birkenruth, K., 3^9, 357
Black, Trooper, shot, 190
Bloemfontein, Meeting at, 362
Blokland, Beelaerts van, 64
Bodenstein, J. C, Field-Cornet, on
Jameson Raid, 194
Boer —
Characteristics, 41, 42, 48, 50,
288
Covet other lands, 50
Demand execution of Jameson,
205
Evasion of treaty obligations, 56
Experience as soldier, 2(1
Invade Natal, 35
Knowledge of intended inva-
sion (?), 191
Memorial for repeal of annexa-
tion, 46
Military power, 41
Reason of aversion to English, 3
Reform and, 104, 1 18
Treatment of prisoners, 188
Botha, Hans, 134
Bouwer, despatch rider, 179
Bower, Sir Graham, 215
Brakiian, A., 349, 357
Mt
4.|S
INDEX
BricUmaUer's license, (>4
British Indians, ^29
British subjects commandeered, 82
Britten, T. K., 350
Bronkhorst Spruit, 114
Bronkhorst Spruit, Battle of, 30,
37.42
Brown v. State (see Witfnntein
case)
Burger, Schalk W., Chairman of
Commission of Imiiiiry, 303
Burners, President —
Address to Raad, 17
And Sir Theophilus Shepstone,
14, 20
Liabilities for Sccocoeni War, 24
Butler, Sir William, refuses to
accept petition, 335
Caledon River, 11
Cam,>bell, W. Y.—
And President Kruger, 302
Organizes Diamond Jubilee
celebration, 312
Cape Bay question, 329, 339
Cape ceded to iMigland, 3
Cape Colony — Free State Railway
and Netherlands Railway, 114
Cape Times on Sampson and
Davies' imprisonment, 295
Capitalists and Government, Cor-
respondence between, 345 se(jq.
Capitalists and Reform, 119
Carnarvon, Lord, 211
Federation 15111, i6
Memorial to, for repeal of
annexation, 46
Carter, Thomas Fortescue, ' Nar-
rative of Boer War' quoted,
29,30
Celliers, J. F., editor of De Volks-
stcin, 16
In gaol, 17
Report, 181, 182
Cetewayo, 12; letter to Sir T.
Shepstone, 22
Chamberlain, Joseph —
Despatch on Dynamite Mono-
poly, 342
On London Convention, 57, note
On spirit and letter of Con-
vention, 365, note
Representations on behalf of
Reformers, 228
Telegram on prisoners, 215
Telegrams to Sir Hercules
Robinson, 205, 2o(), 2 if), ^17
Transvaai polic)', 22M
Ultimatum on Vaal River Drifts,
City and Suburban G.M. Co. and
gold thieves, 295
Cloete, judge, ' Fiix Lectu^c•^J,' 10
Colley, Sir George, 35
On 'Grave of Reputations,' 44
Coicaists and missionaries, o
CiKnmando law and British sub-
jects, 82, 83
Conmiission meets deputation
from Johannesburg, 155
Resolution, 158
Cookiiouse Drift, 230
Coolie question, 347
Cornish, Surgeon-Major, killed, 42
Coster, Dr., State Attorney, 99
Admits breach of undertaking,
228
Conduct in Schumacher appeal
case, 227
Conduct of trial of Reformers,
224
Demands severest penalty under
Roman-Dutch Law, 245
Olfer to prisoners, 237
Coventry, Major Hon. C. J., 173,
17,7
Cronje, Commandant P. A., at
Potchcfstroom, 43
Note to Sir John Willoughby on
conditions of surrender, 185
Crow, Dr., on Boer firing, S2
Cunynghame,Sir A.,on annexation
of Transvaal, 23
Cyanide case, 91
D'Urban, Sir Benjamin—
On trek of 1836, 10
Policy towards natives, 7
Dalrymple, W., 349, 350
Davies, W. D. (Karri), 281
Declines to sign appeal, 257, 261
In prison, 294
Rumours of release, 295
De Beer, J. F., 303
Deane, Colonel, at Laing's Nek, 35
Dclagoa Bay, 10
Delagoa Bay R.iilway, 62
Opened, 106
Uvl
INDEX
443
35
Derby, Lord, refuses abolition of
suzerainty, 57, note
Devil's Kantoor, concessions, 56
Dieperink, 364
Diiii/ulii, established as king by
Hoers, 51,
Docid, Thomas R., arrested, 335
Donaldson, James, attacked ' by
Boers, 59
' Donkeys and mealies scandal,' 317
Doornkop, 180
Dnornkop fi^ht, i8a
Material captured, 188
Surrender at, 195
Du I'lessis, 270, nole 2
Advises leaders to appeal, 275
Character, 258, 266
Chief Inspector of Prisons, 281,
note
Gaoler of Reformers, 251
On prison rules, 263, 266
Treatment of Sampson and
Davies, 219, nole 3
Use of stocks, 268
Du 'loit. Rev. S. J., 361
Dunn, J. S., editor of Critic —
Krause's action for libel against,
338
Durnford, Colonel A. W., on Ccte-
wayo's forces, 22
Dutch colonists, 3
Dutch East India Company,
regime, 4
Dutch Republic in South Africa,
Dream of, i
Dyas, Walter, wounded, 42
Dynamit-^' monopoly, 72, 289, 325,
326, 345, 353
Proposal to extend, 341, 360
E
Edgar, Tom Jackson, shot, 333
Elands River, 178
Election law, 109
Elliot, Captain, murdered, 33, 42
Eloff, Lieutenant, at Mafeking, 179
Eloff location scandal, 322
Emancipation of slaves, 8
Emperor William, banquet in
honour of, 106
English and Dutch in Government
schools, 341
English language not recognized,
III
English language subNtituted for
Dutc'i in courts of law, 10
Erasmus, Abel, (logs Englishman,
42
Erasmus Farm, Sir Bartle Frere
meets Boers at, 28
Essclen, Ewald, 79
And President Kruger, 84
As State Attorney, 97
Sketch of career 86
Evans, Kmrys, protest, 339
Explosives, report on, 305
Farrar, George, 243
And Reform, 121
Bail refused, 223
Released, 279
Sentenced to death, 248
Faure, Hon. J. A., visits Johannes-
burg. 194
Ferreira, Captain, 163, note
Field-Cornets and registration, 58
Fingos, 7
Fish River jungles, 6
FitzPatrick, J. P., Secretary of
Reform Committee, 241, 350
Bail refused, 223
Graaff's suggestion to, 293
Views on native question, 328
Flag question, 127
Fort, Seymour, 207
Franclii.se, 348, 3:5^
Law No. I of 'US76, 47, 73
Law No. 7 of ihiS2, 47, 73
Law No. 4 of l'S^)^^, 73
Law No. 13 of 1891, 74
Law No. 14 of 1,^93, 74
Law No. 3 of 1S94,' 75
Memorandum, 350
Memorials on, 74, 76
Towns disfranchised, 48
Eraser, Edmund, on trial of Edgar's
murderer, 337
Free State and President Kruger,
288, 289
Free State Volksraad, records of
attack by Transvaal Boers, 199
Frere, Sir Bartle —
Meets Boers at Erasmus Farm,
27, 28
On Alfred Aylward, 12
Policy recognized, 44
Policy towards Zulus, 23
444
INDEX
li
Prevented from settling Trans-
vaal matters, 26
Visits Transva.il, 26
German Cons;:!, Pretoria, tels-
f'raplis to i^'oreign Office, 193
Gladstone Ministry, 1881, policy, 45
Gladstone, W. E. —
Altitude towards annexation, 38
Makes peace with Boers, 36
Glencli;, Lord, justifies Kaffirs, 6
Gold discoveries, 18S5, 1886, 60
Gold Law, 94
Gold thefts, 295
Hcport on, 308
Graaf, D. P', sug 'ests United
States of South Africa, 293
Graham shoots Trooper Black, 190
Grant, Baron, arranifement with
President Kruger, 57
Grant, Case of, 267
Gregorowski, judge —
Becomes Chief Justice, 298
In trial of Reformers, 231, 236
On Law i of 1897, 297
On value of death sentence, 278
Sentences on Reformers, 248
Green murdered, 42
Greene, Conyngham, British Agent
in Pretoria, 31O
Grtufell, Captain, 186
Grey, Colonel, 173, 177
Groblcr, Piet, on shooting Black,
190
H
Hall, Volunteer, at Standerton, 37
Hamilton, F. H., 128, 129, 130
Returns to Johannesburg, 154
Sent to Cape Town, 129
Telegram to Jameson, 131
Hamilton, J. G., 349, 350
Hammond, John Hays, 121, 243
Bail refused, ? .3
Released, 228, 279
Sentenced to death, 248
Harris, Dr. Rutherfoord, 128 ; tele-
gram to Old Bailey, 137
Heany, Major, 169
Carries instructions to Jameson,
130, 132
Prisoner in Pretoria, 204
Herbert, Robert, 15
Heyman, Col., opi nion of Jameson' -
entering Johannesburg, 160,
168
Hicks Beach, Sir M., 2O, 28
High Court crisis, 296
High Court judgment ag;i;iist Re-
formers, 226
Hillier, Dr., on Potchefstroom and
Johannesburg revolts, 197
' History of the Boers,' by George
McCall Tlical, extract from, 5
Hofmcyer, J. H., 362
Asks Sir ri. Robinson to come to
Pretoria, 202
H olden, Capt., meets Jameson, 169
Prisoner in Pretoria, 204
Reaches Pitsani, 170
Rides to Pitsani, 130, 132
Hottentots, 7
House of Commons : debate on
annexation, 39
Hugo, Thomas, 303
Hull, H.C., ij5, 350
I
Imperial Government —
After policy, 24, 2/
Charges against, 6
Industrial Commission of Inquiry,
296, 302
Expose gold thefts, 295
Members, 303
Report, 304 seqq.
Ingogo Leights, 35, 37
Boers' conduct at, 42
Invasion, 173 scqq.
J
Jameson, Dr. —
Ability to enter Johannesburg,
Arrangement with, 121, 123 seq.,
167
Conditions of surrender, 185, 201,
286
Force with, 177
In danger of being shot, 201
Letter of invitation to, 124, 125
note, 164, 173, 200
Letters from Reform Committee,
180
Message to Sir Jacobus de Wet,
171'
Messengers to, 130
INDEX
445
Reply to Col. Rhodes' letters, i8i
Reply to protest from Com-
mandant of Marico, 179
Reply to Sir J. de Wet, 179
Solicitor's letter to Colonial
Office, 219
Start, 177 ; effects of 13H, i6i
Tele^'ram to Dr. Rutherfoord
Harris, 169
Telegram to S. W. Jameson, 131,
137
Trial, 173
Turns trekkers 'oack, 55
Jameson Raid, Majority Report,
174 {src also Reform Move-
ment)
Jameson, S. W., 131, 137
Johannesburg —
American deputation from, 135,
Disarmament, 208, 211, 212
Dynamise explosion, 294 and
note 2
Feeling against capitalists, 119
Growth of, 79
Meeting in Amphitheatre to pro-
test against arrest of Dodd
and Webb, 336
Members of Reform Party in,
127
Municipality granted to, 323
Named after Johannes Rissik.6i
News of Jameson's surrender
reaches, 200
Helilion for bail for Reformt s,
230
Position of inhabitint:' in 1896,
285
Potchefstroom revolt and, 197
Put m stale of defence, n9,
141, 150
Ra:id visitors from Pretoria, 146
Rising in, 123, 126, 134
Johannesburg .S7ijr (see iVrtr, Johan-
nesburg)
Jones, P.oer policeman, 334
Acquitted, 338
Jorissen, Dr. —
Delegate to England, 21
Judgment in ' Rachmann ' case,
101
Refuses to judge Rcformcis, 231
Takes office under Idritish
Government, 25
Joubert, Christiaan, Minister of
Mines, 36, 303
Questions witness, 310
Designs, 330
Joubert, General Piet, 194
Candidate for Presidency, 78
Character, 8X
Decl-nes office under liritish, 25
Demands Leyds' ^li.^missal, 107
Gives escort and pass to Elliott
and Lamiii;rt, 33
Head of Progressive Party, 86
Letter to Lo ', l^'ugula, 54
K
Kaffirs' inroad, 1H34, 6
Kimberley, Lord, on Queen's
authority in Transvaal, 40
Kock, Judge, 331
Created Minute Keeper to Exe-
cutive, 89
Member of Commission, 155, 156
On acquittal of Jones, 338
Koir.ati Bridge, stone used for, 65
Kort'i, Judge de —
A nd trial of Reformers, 23 r
Reverses decision of Judicial
Commissioner, 226
Kotze, Chief Justice, 99, 149
And trial of Reformers, j^i
Chairman of Commi.^sion, 155,
157
Dismissed, 298
Judgment in 'April ' case, loi
Judgment in favour of Brown,
296
Judgment on Reformers, 226
Takes office under British, 25
Krausc, Dr., First Public Pro-
secutor, libel action ag;iinst
J. S. Dunn, 338
Kruger, Stephanos Johannes
Paulus —
Address to Johannesburg, J14
Anecdotes of, 83, 84, 196 and
note
Attitude towards Johannesburg,
^5
Attitude towards mining indus-
try, 56, 91 scijq., 105
Attiiudc towards President
Burgers, 20
Attiuide towards LMtlanders, 78
Challenge to Chamberlain, 313
Charges against Schalk Burger,
311
'Climb.s down,' 115, 215
446
INDEX
Communications with Chamber-
lain, 228
Conduct in ' Rachmarin ' and
' April ' cases, loi
Conduct of presidential election,
1893, 86
Conference with Sir Alfred
Milner, 362
Delegate to England, 21
Dismisses Kotze, 298
German policy, 106, 130
Magnanimity to raiders, 187 and
Hole. Appendix G
Meets Sir Henry Loch, 83
Nepotism, 85
On Dutch language in schools,
341
On granting franchise to Uit-
landers, 77
On 'olive branch,' 148
On rumoured rising in ]ohannes-
l^urg, 134
On nitlaider manifesto, i
Opens Agricultural Show, Wit-
watersrand, 84
Policy of his life, 288, 289, 290
Power over Boers, i
President, 46, 78
Proclamation of Jan. 9, 1896, 212
Proclamation on Bechuanaland,
Proclamation on Johannesburg
rising, 145
Proclamation to trekkers(i89i),
55
Proposals to Uitlanderr,, 344
Correspondence on, 345 seqq.
Refuses to receive Cecil Rhodes,
79
Regard for anniversaries, 342
note
Releases prisoners, 272
Reply to Mercantile Association,
136
Repudiates J. B. Robinson, 314,
and Sir Henry de Villiers, 290
Sir Hercules Robinson and, 220
Sketch of, 2
Takes office under British
Government, 25
Telegram to Reform Committee,
160
Treatment of Ameshof, Coster,
and Kotze, 289
Trc.amcnt of Dr. Leyds, 107
Treatment of Free State, 288
Ultimatum to Reform Com-
mittee, 206, 2:1
Visits Euiope (1884), 57
Visits Johannesburg, 79, 80
Krugersdorp, 81
Battle at Queen's Mine, 170, 1M3
Krugersdorp -Johanncsburg-Boks-
burg Tramway, 67
to
to
Lace, J. J. —
Accompanies messenger
Jameson, 163
Delivers proclamation
Jameson, 171
Returns to Johannesburg, 201
Laing's Nek. 35, 37, 40
Lambert, Captain, report to Sir
George Colley, 33
Land en Volk, 89
On President's travelling ex-
penses, 85, Appendix C
Langcrmann, M., 151
Lanyon, Col., and J. F. Celliers, 17
Law I of 1897, 296, 299
Lawley, A. L., 138
Le Caron, Major, on Alfred
Aylvvard, 12
Leonard, Charles, Chaiiman of
National Union, 121
Drafts letter to Dr. Jameson, 125
Interview with C. Rhodes, 122
Leader of Reform movement,
151
Sent to Cape Town, 128, 129, 130
Telegram to Jameson, 131
Leyds, Dr. —
Defence of dynamite monopoly,
344
Letter on Members of Executive,
107
Meets prisoners after sentence,
249
On bail for Reformers, 228
Plenipotentiary in Europe, 330
Political mission to Lisbon and
Berlin, 106
Selati Railway and, 70
Skill as letter-writer, 286
State Attorney, 64
Supports dynamite monopoly,
Lion Veld, 27
Lippert, Edouard, dynamite con-
cessionaire, 343, 344
Liquor Law (Native), 96, 144, 327
INDEX
447
Liquor, Report on sale of, 305
Lo Bengula, letter froni F. J.
Joubcrt to, 54
Local Board for Goldficlds, report
on, 308, 311
Loch, Sir Henry (Lord), at Pre-
toria, 82
Lombaard, Field-Cornet, 329
London Con\'ention of 1S84, 57,
Appendix B
Breach of, 53
Cancellation proposed, 221)
Closing Vaal I?iver drifts a
breach of, 115
Dynamite monopoly a breach
of, 342
Fixcb south-western boundaries,
51
War tax a breach of, in, note
London Missionary Society,
charges agninst, 6
l^ov'iday, in first Volksraad, 64
Lv'ienburg, 36
Concessions at, 56
M
Ma Ntatisi, 7
Mackenzie, Thomas, 3=50
Mal'cking, 173, 179
Attacked by Boers, 51
Majuba Hill, 35. 37, 40
Ambulance affair at, 42
Malabocli prisoners in Pretoria
gaol, 264
Malaboch, Uitlander sympathy
with, 264
Malabocli war, 81, 134
Malan, Commandant —
Delegate to Johannesburg, 147,
148
Repudiates terms of surrender,
186
Malmani, 177 17>>
Manifesto, 1895, i, 149, 151
Mansvelt, Dr., Superintendent-
GiinerrJof Education, 112, 341
Advot ates suppression of private
schools, 291
Mantatees, 7
Marais, Eugene, editor of Land en
Volk, 85
Charges against Koch, 89
Delegate to Joiianncsburg, 147,
148
Marico, Commandant of district,
pri>tesls agau.st invasion, 178
Martin, W. A., 350
Mashonaland —
Boers and, 53
Chartered Company occupies,
56
Matabeleland, Boers and, 53
Mataheleland Border Police 173
Mendelssohn, Emmanuel, Conces-
sion granted to, 323
Mercantile Association and Presi-
dent Kruger, 136
Meyer, George, Field-Cornet, loi
Middelburg, 36
Milner, Sir Alfred, High Commis-
sioner. 314
Conference with resident
Kruger, 362
Despatch to Chamberlain, 336
Mining Journal (Johannesburg)
on railway monopoly, f)8
Missionaries and slave emancipa-
tion, 8
Molteno-Merriman Ministry, 26
Moodie, G. I^iggott, Farms allotted
to, 56
' Moodies,' 5O, 58
Morice, Judge —
And trial of Reformers, 231
Supports decision of Judge de
Korte, 226
Moshesh and Boers, 199
Municipal Law, 286
N
Napier, Sir George, 7
'Narrative of lioer War ' quoted,
29. 30
Natal and Zulus, 23
Natal Volksraad on slavery, 7
Native labourers' wages, 105
Naturalization Law, 98
Netherlands Railway Compaiiy--
Account of, 63 seqq.
Concession, 289
Redu';tion in rates, 311
Tariffs, 1 14, 288, 289
Newton, F. J., Resident Commis-
sioner at Mafeking, letter tt,'
Jameson, 178
Oliphant, A., Attorney-General, la
' Olive branch ' phrase, 147, 149
+♦8
INDEX
Paper currency, redemption of, lo
Pass Law, 102, 103, and nolc
Phillips. Lionel, President of
Chamher of Mines, 83, 121,
243
Bail refused, 223
Banished, 2(So, vote
Chairniaii of Reform Committee,
151
Interview with Rliodes, 122
Letter to Jameson, 180
Released, 279
Sentenced to death, 248
Speech before Commission, 155
Pierce, Jolm ^L, 349, 357
Pil.qrim's Rest Concessions, 56
Pistorius, H. F. E., 349
Pitsani, 130, 133, 170
Men drilled at, 173
Plea of guilty in South African
courts, 249
Political organisations, 347, 353
Ponsonby, General, 23
Potchefstroom —
Armed burghers and Imperial
olhcials at, 30
Defence of, 57
Revolt and Johannesburg, 197
Siege of, 43
Presidential election, 1893, 86
Press agitation, 346, 353
Press Law, 291
Pretoria Convention of 1881, 43, 45
Boer dislike of, 50
I3roken in spirit and letter, 365,
j'ld note
Delined Transvaal boundaries.
First violation of, 48
Pretoria F^ort, Plan to seize, 123,
127, 138
Pretoria Gaol —
Rulc,> of, 263, 265
State 'if, 251
Pretoria Waterworks Company
case, 209
Pretorius, Henning —
And Kruj^r- , 197
Purchases beam from which
Boers were hanged, 229
Prinsloo, Field-Cornet, loi
Progressive Dutch of South Africa,
.■>' '.1
Public Meetings Act, 291, 334, 335
Q
Queen's Diamond Jubilee, 296, 312
R
' Rachmann ' case, joo
Raid Inquiry by Select Committee,
301
Railways, Report on, 307
Reform, Boer meaning of, 104,
118
Reform Committee, 139, 141
Deputation to meet Government
Commission, 150, 151, 155 ;
Report, 161
Dilemma, 151 scqq.
First notice of, 142
List of members, 156, 224
Matters to be dealt with, 142
Messages received from Pre-
toria, 204
Notices, ly), 211
Receive delegates from Pre-
toria, 147, 148
Supplying arms, 143
Telegram to deputation, 153
Ultimatum from Pretoria to,
206
Reform Movement —
Commissariat Department, 143
Intelligence Department and
Dr. Jameson, 168
ManifeitO, 129, 149, ii;i. Appen-
dix I.
New programme, 129
Origin of, 117 seqq., 291
Reform Party in Johannesburg,
127
Reformers —
Advised to appeal for clemency,
253. 256
Arrested, 214, 216, 222
Conunitted for trial on charge
of liigh treason, 224, 227 ;
names of, 232
Comnmtations of sentences, 261
' Dog ' interview with President
Kruger, 274
Indicfnicnt, 233
' Irreconcilabk's,' 239
Leaders offer line, 277
Leaders released, 279
Let out on bail, 223
Life in gaol, 251 sf(/(/.
Nationalities of prisoners, 262
INDEX
449
Options before prisoners, 236
Plead guilty, 240
Position of, 279
Released, 272
Sentenecs, 2.48
Statement of four leaders, 240
To abstain from politics for
three years, 285
Treatment in gaol, 222
Reitz, F. W., State Secretary, 330
Reply to capitalists, 351
Suggests indoor meetings, 360,
3<''4
Relief Committee, 144
Republican movement, 287
Retief, Piet, 41
Reasons for trekking, 5
Rhodes, Cecil —
And reform, 121
Attitude towards Transvaal
Government, 51
Reform
Kruger's
Objects in joining
Movement, 122
Proposes President
health, 79
Telegram to Jameson, 131, 132
Rhodes, Col. Francis, 121, 243
Arrives at Buluwayo, 279
Bail refused, 223
Letter to Jameson, 180, 181, note
On Du Plessis, 270
Sends to meet Jameson, 171
Sentence of banishment, 279
Sentenced to death, 248
Rhodesia, 122 ; rebellion and
massacre in, 294
Rhodes's Drift, trekkers turned
back at, 55
Rinderpest, 294
Rissik, Johannes, 61
Roberts, Sir Fi'ederick, 36
Robinson, Sir Hercules
Rosmead) —
Attitude towards Uitlanders, 314
Change of policy, 219
Goes to Pretoria, 203
Has no communication with
Reformers, 220
Offers assistance at Pretoria, 159
Proclamation to Jameson, 149,
Telegram to F. J. Newton, 178
Telegrams to Chamberlain, 205,
2o(). 209, 210, 216, 217, 21H, 219
Telegram to Sir J. de Wet, 207,
2ii', 243
(Lord
Robinson, J. B., 290, 313
Rupture with President Krugci ,
314
Robinson, John, letter on Cit-
lander education, ii2
Roman-Dutch law and trial ot
Reformers, 238, 247, 249
Rose Innes, J. —
At Pretoria trial, 224
Interviews Chief |ustice Kot/.e,
255
Interviews President Krugev,
256
Movement in favour of prisoners,
271
Opinion on Roman-Dutch law,
238
Rosebery, Lord, annexes tetri
toriesof Zambaan and Umbe-
gesa, 56
Rosmead, Lord {see Robinson, Sir
Hercules)
Rouliot, G., 349, 357
Rowland carries despatch to
Jameson, 180, 181
Rustenberg, defence of, 37
Rylands, I'etcr, motion condemn-
ing annexation, 39
Salisbury, Lord, 39
Schmitz-Dumont, 303
Schoeman, Hendrick, 94
On Raiders at Doornkop, 195
Schroeder, portrait of Presideni
Kruger, 70
Schumacher appeal case, 227
Schumacher sent to gaol, 226
Schutte, chief magistrate of Pre-
toria, 94
Secocoeni, 13, 24
Secocoeni tribe, 328
Selati Railway Company-
Account of, 69
And Government, 318
And Leyds, 108
Bribes to secure contract, 320
Concession, 289
Settlement —
Effects of, 40
Terms of, 36, 38
Sheba Mine, 60
Sliepstone, Sir Tlieophilus —
Annexes Transvaal, 12, 24
Despatch on Zulu claims, 22
aa
I
450
INDEX
Letter to Sir Bartle Frere, 14
Letter to Robert Herbert, 15
Negotiiitions with President
Burgers, 10
Zulus and, 2.
Shippard, Sir Sidney, 207
Skinner, H. K., 350
Slagter's Nei<, Boers hanged at,
4.230
Slaves, liberation of, 7
Smit, General Nikolas, 36
Demands Leyds' dismissal, 107
Visits Europe, 57
Smit, J. S., ' Koos,' Government
Railwav Commissioner, 94, 303
Smuggling.'sS
Smuts, J. C, Acting State Attorney,
330
Solomon, Richard, Counsel for
Reformers, 235
South African League, Johannes-
burg branch, 335
South African Republic {see Trans-
vaal)
Spies, 364
' Stand by Jameson,' 164
Standard and Diggers News, 323
' Standard History of South Africa,'
Story of Potchefstroom revolt,
197
Standerton, defence of, 37
Standerton, petition against Wes-
sels, 229
Star (Johannesburg) —
Extracts on President Kruger,
192, 193
Xoiicf ot Reform Committee,
142
On surrender of raiders, 188
Stcllaland affair, 116
Steyn, President, 362
Stockenstrom, Sir Andries, 10
Store, R., 350
Swaziland, Boers in, 52
Taxes on mining leases, 326
Thcal, George McCall—
' History of the Boers,' 4
'Standard History of South
Africa,' story of Potchefstroom
revolt, 197
rheon, despatch rider, 179
Thompson, F., 53
Times, letter on education of Uit-
landers, T12
Toeremetsjani, native chieftainess
328, Appendix K
Tongaland, Boers in, 55
Tracey, Major J. B., 177
Transfer Law, 109
Transvaal —
Annexed, 12, 24 ; effect of, 25
Concessions, 49; of 1899, 324
Condition in 1896, 294
Correspondence with capitalists,
345 ie9.
Correspondence with Imperial
Government, 286
Fixed salaries 1880-1899, 327
Grondwet altered, Law No. 4,
1890, 73
Grondwet, formalities for intro-
duction of new laws, 109
Influx of miners, 60, 78
Loan talked of, 324
' Moral and Intellectual Dam-
ages,' 287
Natal Railway, agreement with,
289
Petition presented to Reformers,
254. 258
Population, 46
Prospecting commences, 56
Re-established, 45
Revenue, 71
' South Airican Republic,' 57
Triumvirate, 46, 49
Transvaal Boers, alliance with
Basutos, 199
Transvaal fives, 66
Transvaal National Union, 60
Account of, 118
Constitutional agitation for
rights, 117
Petition on franchise, 76
Transvaal Republican Union, 60
Transvaal Volksraad —
Attitude towards mining in-
dustry, 62
Discussion on petition for fran-
chise, 76
Elections, 90
Hostile to dynamite monopoly.
343
Protests against annexation, x6
Ri verse decisions of High
Court, 99, 100
Session of 1895 and Reform, 99,
103, 119
Suspend duties on articles of
food, 152
INDEX
45»
Trekkers' story, ii
Treks (1650), 3
„ (1836], 10
» (1837), II
„ (1890, 1891) (Banjailand
trekj, 55, 116, 196
Trimble, Andrew, Chief Detective,
97
Organises police force, 1^3
Trollope, Anthony, on annexation
of Transvaal, 14
U
Uitlander EducationCouncil Fund,
339
CJitlanders —
Appeal to England, 365
Disfranchised, 76
Education scheme, 339
Letter from John Rooinson
on, 112
Leaders black-listed, 364
Manifesto, Boxing Day, 1895,
I, 149. 151
Meetings, 360
Petition to British Vicc-Consul,
335
Petitions for franchise, 74, 76
Rejected, 91
Position in 1896, 285
Soundness of cause, 361, 364
Umbandine, King of Swaziland,
will, 53
Umbegesa, Chief, 55
Union ground, Johannesburg,
granted to Syndicate, 321
United States of South Africa
suggested, 293
Upington, Sir Thomas, visits
Johannesburg, 194
Utrecht, 36
Uys, Piet, 41
In Zulu War, 52
Vaal River, 11
Vaal River drifts closed, 115, 288,
289
Vaal River Water Supply Con-
cession, 85
Valle, Bugler, arrives in Johannes-
burg, 170
Van Hattum & Co., 65
Van Riebeck trek, 3
Vanderkemp, Dr., 9
Veale, Dr., 195
Verceniging, Line blocked at, 115
Viljoen, 364
Villiers, Captain C. H., 177
Villicrs, Sir Henry dc, 290
Compromise in High Court
cribis, 297
Volksstem, 16 ; on Slagter's Nek
executions, 230
Voortrekker party, 26, 76
Vorster, Barend, 317
Vorster, Barend J., jun., 69
W
Wakkerstroom, 36
War breaks out, 30
War of Independence, 41
War of the Axe, 7
War tax cm farms, 1 10
Warren expedition, 51
Webb, Clement Davies, arrested,
335
Wessels, Advocate —
Appeal on behalf of prisoners,
244
Counsel for defence of Re-
formers, 224, 227, 235
Wet, Sir Jacobus de, 153, 160, 163
Despatch to Jameson, 179
Meets Reform Committee, 207
On English prisoners, 215
Telegraphs Boer Ultimatum to
Reform Committee, 206
Telegram to Reform Committee,
243
Treatment by Transvaal officials,
262
White, Col. Hon. H. F., 177, i86
Memorandum to Col. F. Rhodes,
182
White, Major Hon. Robert —
Affidavit, 235
Despatch-box, 234
White, Montagu, warns President
Kruger, 192
White, Trooper J. T., sent with
letters to Jameson, 178
Willoughby, Sir John, 177
First interview with President
Kruger, 196
Message to Krugersdorp, 183
Report on expedition, 183, note
Surrenders, 185
Winslow, Col., defence of Potchef-
blroom, 37
4Sa
INDEX
Witfontein farm case, loo, 206,
299
Witwatersrand Chamber of Mines,
61
Fusion of two Mining Chambers,
313
Offer to compensate dynamite
monopohsts, 343
Organise supplv of labour, 102
Report of Industrial Commission
of Inquiry, 304 saj.
Report on sale of liquor (1895),
Split in, 312
Witwatersrand conglomerate for-
mation, 60
Witwatersrand discoveries, 78
Witwatersrand Main Reef, banket
beds, 92
Wolff, Dr., 132
Absent from Johannesburg,
Commissariat arrangements, 177
Interview with Jameson, 133
Wolniarans, 148
At trial of Reformers, 244
Wolseley, Sir Garnet, 38
Settlement of Zululand, 51
Wood, Sir Evelvn, 35, 36
Woolls Sampson, A., 127, 134, 281
Declines to sign appeal, 257, 26X
In prison, 294
Rumours of release, 295
Younghusband, Captain Frank,
account of fight at Doornkop,
184
Zambaan chief, 55
Zambili, Tonga Queen Regent, 55
Zeiler, Judicial Commissioner, 225
Zoutpansberg, 10
Zulu encroachments, 21
Zulu War, 22, 26, 52
Zululand invaded by Boers, 51
,244
i
d, 51
.6
7. 134. 281
al, 257,261
95
n Frank,
Doornkop,
Re,£^ent, 55
iioner, 225
ers, 51