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RESPECTING THE
CLAIMS OF BRITISH SUBJECTS IN THE GERMAN
PROTECTORATE
SOUTH-WEST COAST OF AFRICA.
ON THE
(In continuation of C.-4262 and 4265 of December 1884.)
A Map will be found at page 61.
Presented to both Houses of Parliament by Command of Her Majesty.
August 1887.
F DIEU ET
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[C-5180.] Price Is. 5d
MON DROI
LONDON:
PRINTED FOR HER MAJESTY'S STATIONERY OFFICE,
BY EYRE AND SPOTTISWOODE,
PRINTERS TO THE QUEEN'S MOST EXCELLENT MAJESTY,
And to be purchased, either directly or through any Bookseller, from
EYRE AND SPOTTIS WOODE, EAST HARDING STREET, FLEET STREET, E.C., and
32, ABINGDON STREET, WESTMINSTER, S. Wor
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​ADAM AND CHARLES BLACK, 6, NORTH BRIDGE, EDINBURGH or
HODGES, FIGGIS, & Co., 104, GRAFTON STREET, DUBLIN.A
1887.
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CAPE COLONY.
FURTHER CORRESPONDENCE
RESPECTING THE
CLAIMS OF BRITISH SUBJECTS IN THE GERMAN
PROTECTORATE
SOUTH-WEST COAST OF AFRICA.
ON THE
(In continuation of C.-4262 and 4265 of December 1881.)
[C.--5180.] Price 1s. 5d.
A Map will be found at page 61.
Presented to both Houses of Parliament by Command of Her Majesty.
August 1887.
DIEU-ET.
SOFFOU
SAKES
ON DROLT
LONDON:
PRINTED FOR HER MAJESTY'S STATIONERY OFFICE,
BY EYRE AND SPOTTISWOODE,
PRINTERS TO THE QUEEN'S MOST EXCELLENT MAJESTY.
And to be purchased, either directly or through any Bookseller, from
EYRE AND SPOTTISWOODE, EAST HARDING STREET, FLEET STREET, E.C.,
and 32, ABINGDON STREET, WESTMINSTER, S.W.; or
ADAM AND CHARLES BLACK, 6, NORTH BRIDGE, EDINBURGH; or
HODGES, FIGGIS, & Co., 104, GraftON STREET. Dublin.
1887.
DT
714
.G79

Serial
No.
1
در
2 To Sir Hercules Robin-
son.
3
porno indian
5
6
7
8
9
From or to whom.
10
To Foreign Office
To Daniel De Pass, Esq.
Foreign Office
To Foreign Office
To Sir Hercules Robin-
son.
Reuter's
Agency.
Telegraphic
To Sir Hercules Robin-
son.
Sir Hercules Robinson
Foreign Office
U 50462. Wt. 11231.
TABLE OF CONTENTS.
Date.
Dec. 27, 1884
Jan. 14, 1885
Feb. 10, 1885
Feb. 13, 1885
Feb. 16. 1885
Feb. 17, 1885
Feb. 24, 1885
(Rec.Feb.25,1885.)
Extract.
Feb. 27, 1885
(Telegraphic.)
Feb. 28. 1885
Rec.Feb.28, 1885.)
(Telegraphic.)
Mar. 26, 1885
Subject,
Stating that Mr. Shippard has accepted the office
of British Commissioner, and that Lord Derby
would be glad to know whether the German
Government is willing that the Commissioners
should at once commence their investigations
into the respective claims of British and German
subjects.
Observing that Her Majesty's Government cannot,
for the reasons stated, entertain the question of
appointing a Resident with Kamalierero, and
that Mr. Palgrave's functions must be strictly
limited to inquiring into alleged German pur-
chases in the neighbourhood of Walfisch Bay,
and to looking after the interests of British
subjects in Damaraland.
Informing him that Her Majesty's Government
consider that, with regard to Shark Island, and
any unnamed islets and rocks off the coast, it
will be for him and his advisers to make out his
title to them before the Commissioner, and re-
questing to be informed whether he intends to
proceed personally to the Cape.
Transmitting copy of a note to the German Am-
bassador relative to the scope of the proposed
Anglo-German Commission.
Stating that Mr. De Pass has informed Lord Derby
that he does not now intend to appear before
the Joint Commission.
Conveying instructions as to the duties of the
British Commissioner.
Reporting that Mr. Palgrave has held a confer-
ence with the principal Damaraland Chiefs, who
unanimously decided to accept British rule.
Stating that a press telegram reports that after
conferring with Mr. Palgrave, the Damara
Chiefs have unanimously decided to accept
British jurisdiction, and requesting that
Mr. Palgrave may be instructed to act strictly
in accordance with the Secretary of State's
Despatch of 14th January.
Reporting that Mr. Palgrave has been recalled.
from Damaraland, and that he (the High Com-
missioner) proposes, if the press report as to the
negotiation with the Chiefs is true, to inform
Kamaherero that Her Majesty's Government
cannot accept his offer to place himself and his
people under British rule.
Transmitting copy of a document communicated
by Count Münster, conveying the instructions
issued to the German Commissioner, and ask-
ing to be enabled to reply to a question raised
by Count Münster as to the scope of the in-
quiry given to the British Commissioner in his
instructions.
a 2
Page.
1
1
2
CI
3
Варить
10
5
ال
5
1
6
Serial
No.
11
12
13
14
15
16
17
18
19
20
21
From or to whom.
Daniel De Pass, Esq.
To Foreign Office
Sir Hercules Robinson -
To Sir Hercules Robin-
son.
To Daniel De Pass, Esq.
To Sir Hercules Robin-
son.
Sir Hercules Robinson -
Messrs. De Pass and Co.
To Sir Hercules Robin-
son.
Foreign Office -
To Sir Hercules Robin-
son.
Date.
Mar. 27, 1885
Mar. 31, 1885
Mar. 11, 1885
(Rec. April 1,
1885.)
April 2, 1885
April 4, 1885
April 8, 1885
Mar. 18, 1885
(Rec. April 9,
1885.)
April 16, 1885
April 28, 1885
May 15, 1885
May 23, 1885.
!
iv
Subject.
Transmitting an extract from a letter from his
business partner at Angra Pequena respecting
the damage done to the guano deposits by the
traffic and settlement of German traders, and
asking what course he should pursue to obtain
redress.
Stating, with regard to the points raised by
Count Münster in communicating the German
Commissioner's instructions, that Lord Derby
has no objection to cause a copy of of those in-
structions to be communicated to Mr. Shippard,
and to inform him that he may regard them as
applicable to himself.
Transmitting copy minute from Ministers, with a
copy of Mr. Palgrave's report of proceedings in
Damaraland; also copy of a letter to Kamaherero
declining the offer of cession.
Transmitting copy of a correspondence with the
Foreign Office, respecting the instructions issued
to the German Commissioner, and stating that
Mr. Shippard is to regard these instructions,
mutatis mutandis, as applicable to himself.
Expressing regret at the diminution in the yield
of the guauo islands, but pointing out that Mr.
De Pass has been fully aware that Captain For-
syth's annexation of Angra Pequena harbour in
1866 has not been adopted by Her Majesty's
Government, and that no guarantee has been
given that settlement on the mainland would
be prevented.
Approving the High Commissioner's communication
to the Chief Kamaberero, declining his offer of
cession.
eporting that the Commissioners met for the
first time at Cape Town on the 16th of March,
and that they propose to leave for the West
Coast about the 15th April.
Pointing out that the disallowance of the annexa-
tion of the harbour of Angra Pequena in 1866
occurred during the period of their unexpired
lease, and asking that a decision on the question
may be suspended until the evidence of the
Joint Commission is received.
Stating that the German Ambassador has suggested
that Her Majesty's Government would express
to the Cape Government a hope that no endea-
vour will be made to obtain influence within
certain limits, and observing that such a sugges-
tion is in conformity with the policy of Her
Majesty's Government, and that the Secretary
of State understands the expression "influence
to apply to political influence only.
*1
Transmitting copy of a note addressed to the
German Ambassador, respecting the notifica-
tion to Kamaherero of the agreement with
Germany.
Transmitting copy of a note addressed to the
German Ambassador, and instructing the High
Commissioner to intimate to the Chiefs living to
the west of the 20th degree of east longitude,
the limit that Her Majesty's Government have
agreed to as regards British jurisdiction.
Page.
7
7
א
12
12
13
13
14
15
15
16
Serial
No.
22
23
24
25
26
27
28
20
30
31
32
33
From or to whom.
Foreign Office.
Sir Hercules Robinson ·
Ditto
To Sir Hercules Robin-
son.
Sir Hercules Robinson -
Ditto
To Foreign Office
Sir Hercules Robinson -
To Foreign Office
To Sir Hercules Robin-
son.
Foreign Office
The Aborigines Pro-
tection Society.
a de a plant,
Date.
June 9, 1885
July 15, 1885
(Rec. Aug. 5,
1885.)
Aug. 5, 1885
(Rec. Aug. 26,
1885.)
Sept. 3, 1885
(Telegraphic.)
Sept. 17, 1885
(Rec. Sept. 17,
1885.)
(Telegraphic.)
Sept. 16, 1885
(Rec. Oct. 7.
1885.)
Oct. 10, 1885
Sept. 24, 1885
(Rec. Oct. 16.
1885.)
Oct. 22, 1885
Oct. 24, 1885
Nov. 2, 1885
Jan. 5, 1886
}
A mai na
Subject.
Stating that the instructions to the High Commis-
sioner, which were enclosed in Colonial Office
letter of 23rd May have been communicated to
the German Embassy.
Transmitting copy of a letter from the British
Commissioner asking for information as to the
intentions of Her Majesty's Government regard-
ing a number of claims which have been, and
are likely to be, laid before the Commission, but
are territorially beyond the scope of its present
functions.
Transmitting copies of correspondence respecting
the affairs of Damaraland.
Stating that the Commission should not deal with
cases beyond their instructions.
Submitting a brief abstract of the report of the
British Commissioner.
Transmitting copy of a letter from Mr. Justice
Shippard, the British Commissioner, submitting
his report upon all matters investigated by the
Joint Commission.
Transmitting a volume containing the proceedings
of, and the evidence taken before, the Joint
Commission, and stating that the British Com-
missioner's covering report will be communicated
to Foreign Office, with an expression of Colonel
Stanley's views on the points raised, when it
has been printed.
Transmitting an extract from a letter from the
British and German Commissioners, pointing
out that the limits of Waltisch Bay were in-
correctly described in Commander Dver's
proclamation of 1878, and that the mistake has
been repeated in subsequent documents, and
inquiring as to the means to be taken to rectify
the error.
Transmitting copy of a Despatch from Sir H.
Robinson reporting a mis-description of the
boundaries of Walfisch Bay, and suggesting
that when the exact definition of the boundaries
which Colonel Stanley has asked for is received
fresh Letters Patent should be issued, and that
the German Government should be informed
that such is the exact description of the limits
of British territory.
Requesting to be furnished with a full and exact
description of the boundaries of Walfisch Bay as
ascertained by the surveyor who is now engaged
in surveying the territory.
Concurring in the course proposed in Colonial
Office letter of 22nd October with reference to
the rectification of the boundaries of British
territory at Waltisch Bay,
Reporting the receipt of a letter from Kamaherero
complaining of the action of the Germans in
his country, and expressing the opinion that if
Prince Bismarck's attention were directed to
the alleged proceedings of Dr. Goering, the
German Consul, he would decline to ratify them.
a 3
#
Page.
16
16
17
19
19
19
24
забулото
24
26
26
27
27
vi
Serial
No.
34
35
36
37
38
39
40
41
42
43
44
45
46
From or to whom.
The Agent-General for
the Cape Colony.
To Foreign Office
Ditto
To Sir Hercules Robin-
son.
To the Aborigines Pro-
tection Society.
Sir Hercules Robinson -
To Sir Hercules Robin-
son.
Foreign Office -
Ditto
To Sir Hercules Robin-
son.
To Foreign Office
Foreign Office -
1
Ditto
1
↓
Date.
Jan. 7, 1886
Jan. 12, 1886
Jan. 12, 1886
Jan. 13, 1886
Jan. 14, 1886
Dec. 23, 1885
(Rec. Jan. 15,
1886.)
Jan. 21, 1886
Jan. 26, 1886
Jan. 29, 1886
Feb. 3, 1886
Feb. 3, 1886
(Extract.)
Feb. 17, 1886
Feb. 23, 1886
Subject.
Transmitting copy of a telegraphic correspondence
with his Government as to the rumoured es-
tablishment of the "Upingtonia" Republic.
Transmitting copy of a letter from the Agent-
General respecting the rumoured establishment
of an independent Republic north of the Orange
River.
Transmitting copy of a letter from the Abori-
gines Protection Society respecting the pro-
clamation of ก German Protectorate over
Damaraland, and suggesting that Her Majesty's
Ambassador at Berlin should be instructed to
ascertain whether a telegram which appears in
the "Times" of 8th January is not in error in
stating that the German Protectorate will extend
to the 22nd degree of east longitude.
Requesting him to make known to Mr. W. L.
Kingon the decision of Her Majesty's Govern-
ment not to interfere with the extension of
German authority inland up to the 20th degree
of east longitude.
Observing that, for the reasons stated, it does not
appear to Colonel Stanley to be possible to in-
terfere in any way with the extension of German
authority within a specified limit.
Transmitting copy of a letter from a Mr. R. Lewis,
writing on behalf of Kamaherero, and of the
reply thereto.
Approving his reply to the letter from Mr. Lewis
for the Chief Kamaherero.
Concurring in the view expressed in Colonial
Office letter of 12th January with reference to
the movements of Germans in Damaraland, and
transmitting copy of a Despatch to Her Majesty's
Ambassador at Berlin, instructing him to call
the attention of the German Government to the
"Times" telegram referred to.
Transmitting translation of a communication from
the German Ambassador announcing the ad-
dition of certain districts to the German Pro-
tectorate in South-West Africa.
Transmitting copies of correspondence with the
Foreign Office respecting the recent extension
of the German Protectorate in Namaqualand
and Damaraland.
Suggesting that the German Government should
be invited to allow the points in difference
between the Commissioners to be discussed
between Her Majesty's Secretary of Einbassy
at Berlin and Dr. Krauel, or some other repre-
sentatives of the two Governments.
Transmitting copy of a Despatch from Her
Majesty's Chargé d'Affaires at Berlin respecting
German proceeding in Damaraland.
Transmitting copy of a Despatch from Her Ma-
jesty's Minister at Lisbon respecting the ru-
moured establishment of an independent
Republic in Ovamboland, and inquiring if the
Colonial Office has received any further infor-
mation on the subject.
Page.
28
28
28
29
29
30
31
31
32
32
33
33
34
vii
Serial
No.
47
48
49
50
51
52
53
51
55
56
57
58
59
From or to whom.
To Sir Hercules Robin-
son.
Foreign Office -
To Foreign Office
Foreign Office -
Ditto
Ditto
To Foreign Office
To Lieut.-General H.
D'O. Torrens.
To Foreign Office
Foreigu Office -
Messrs. De Pass and Co.
Foreign Office -
·
Ditto
f
i
¦
{
Date.
Mar. 1, 1886
Mar. 5, 1886
Mar. 10, 1886
Mar. 13, 1886
Mar. 17, 1886
Mar. 19, 1886
Mar. 26, 1886
Mar. 27, 1886
Mar. 27, 1886
(Extract.)
Mar. 31, 1886
(Extract.)
May 7, 1886
May 13, 1886
May 21, 1886
Subject.
Trausmitting copy of a letter from the Foreign
Office respecting recent German proceedings in
Damaraland.
i
Transmitting copy of a Despatch to Her Majesty's
Ambassador at Berlin with regard to the pro-
posed conference on the subject of English and
German claims on the South-West Coast.
Stating that the Secretary of State has no further
information respecting the rumoured establish-
ment of a new Republic in Ovamboland beyond
that which was communicated in Colonial Office
letter of 12th January, but that Sir H. Robinson
will shortly return to this country and he will
then be desired to furnish any information in
his power.
Transmitting copy of a Despatch from Her
Majesty's Ambassador at Berlin, reporting that
he had suggested to the German Government
a meeting between Mr. Scott and Dr. Krauel for
the purpose of discussing the English and
German claims in South-West Africa.
Transmitting a translation of a communication
from the German Ambassador relative to a
complaint on the part of the Chief of the Red
People that his territory has been encroached
upon by the northern and western boundary
lines of the British Protectorate of Bechuana-
land.
Transmitting copy of a Despatch from Sir E. Malet,
forwarding a translation of a note from Count
Bismarck, stating that the German Government
agree to a conference at Berlin between Mr.
Scott and Dr. Krauel.
Stating that Lord Granville has no accurate infor-
mation as to the extent of the territories of the
Red People, but that he has referred the matter
to the Administrator of the Cape.
Transmitting copy of a letter from the Foreign
Office, ani requesting to be furnished with any
information in the possession of Cape Ministers
respecting the extent of the territories of the
Red People.
Stating that Lord Grauville will, on learning that
such is the wish of Sir E. Malet, be prepared to
give effect to the proposal made in the Colonial
Office letter of 3rd February, that a gentleman
from the Colonial Office should proceed to Berlin
to assist Mr. Scott.
Stating that Sir E. Malet has been asked whether
he considers the presence of a gentleman from
the Colonial Office to assist Mr. Scott desirable.
Inquiring if any progress has been made in the
Angra Pequena and Coast claims.
Inquiring whether any information has yet been
obtained from Sir H. Robinson respecting the
establishment of a Republic in Ovamboland.
Transmitting a Despatch from Her Majesty's
Ambassador at Berlin, covering copics of
treaties which have been concluded between
Germany and various Chiefs of Harara and
Damaraland.
a 4
Page.
31
35
35
36
36
37
38
68
d
38
39
39
39
39
viii
Serial
No.
60
61
62
63
64
65
66
67
68
69
70
71
72
From or to whom,
To Foreign Office
To Messrs. De Pass and
Co.
To Foreign Office
Foreign Office -
Ditto
Ditto
Admiralty
Foreign Office -
Messrs. Daniel De Pass
and Co.
To Messrs. Daniel De
Pass and Co.
To Sir Hercules Robin-
son.
To Foreign Office
Foreign Office -
Date.
May 21, 1886
(Extract.)
May 22, 1886
June 4, 1886
June 4, 1886
June 22, 1886
June 24, 1886
June 29, 1886
July 24, 1886
July 27, 1886
July 31, 1886
July 31, 1886
Aug. 2, 1886
Aug. 9, 1886
Subject.
Observing that Lord Granville does not consider
that the right of this country to the islets off the
coast can be given up, and that he proposes,
therefore, that Mr. Bramston should be asso-
ciated with Mr. Scott in the discussion of the
matter at Berlin.
Stating that the negotiations with the German
Government are not yet concluded, and that the
matter is under discussion at Berlin.
Transmitting copy of a memorandum by Sir H.
Robinson, giving all the information he possesses
with respect to the establishment of a Republic
in Ovamboland.
Concurring in the proposed mission of Mr. Bram-
ston to Berlin to assist Mr. Scott.
Transmitting copy of a Despatch to Sir E. Malet,
with copy of the reply thereto, announcing that
the German Government have signified their
agreement to the appointment of Mr. Bramston
to assist Mr. Scott at the approaching discussion
of the Angra Pequena matters.
Transmitting copy of a Despatch from Her
Majesty's Ambassador at Berlin, enclosing copy
of a note addressed by him to the German
Government with regard to Mr. Bramston's
appointment.
Transmitting copy of a report by Commander
Oldham, of H.M.S. "Racer," on the subject of
Walfisch Bay.
Transmitting a Despatch from Her Majesty's
Chargé d'Affaires at Berlin, enclosing papers
showing the result of the recent negotiations,
and asking whether Lord Granville approves the
arrangements come to by the British and German
representatives.
Stating that Mr. Spence has been adjudicated a
bankrupt, and that the whole interest in the lease
of the Ichaboe Islands is now vested in them.
Informing them that Lord Granville hopes shortly
to communicate the terms of the agreement
arrived at between Great Britain and Germany
in regard to the questions in which Messrs. De
Pass and Co. are interested.
Transmitting copy of a correspondence with
Messrs. De Pass and Co., respecting the bank-
ruptcy of Mr. Spence, and asking to be furnished
with a report on the proceedings taken in the
matter, and present relations of the bankrupt to
Messrs. De Pass.
Stating that, in Lord Granville's opinion, the
arrangement embodied in the protocol signed by
Mr. Scott and Dr. Krauel may be accepted and
approved by Her Majesty's Government, and
observing that Lord Rosebery no doubt concurs
with Lord Granville in thinking that Messrs.
Scott and Bramston deserve much credit for the
judicious manner in which the negotiations have
been conducted.
Transmitting copy of a Despatch to Her Majesty's
Chargé d'Affaires at Berlin, instructing him to
ascertain whether the German Government
accept the arrangement adopted by the Commis-
sioners.
Page.
44
44
44
45
46
46
17
48
57
58
58
58
59
ix
Serial
No.
73
74
75
76
77
78
79
80
81
82
83
84
85
From or to whom.
Charles Warren, Esq.
To Foreign Office
Foreign Office -
To Charles Warren, Esq.
Ditto
Sir Hercules Robinson -
To Foreign Office
Foreign Office -
·
The Agent-General for
the Cape.
To Foreign Office
1
Daniel De Pass, Esq.
To the Agent-General
for the Cape.
U 50462.
To Lieut.-General H.
D'O. Torrens.
Date.
Aug. 11, 1886
Aug. 28, 1886
Sept. 7, 1886
Sept. 9, 1886
Aug. 25, 1886
(Rec. Sept. 15,
1886.)
Sept. 8, 1886
(Rec. Sept. 29,
1886.)
Oct. 8, 1886
(Extract.)
Oct. 22, 1886
Oct. 29, 1886
Oct. 29, 1886
Oct. 29, 1886
Nov. 9, 1886
Nov. 18, 1886
Subject.
Transmitting copies of papers relating to German
encroachments in South Africa, and requesting
that the Secretary of State will take the matter
into his serious consideration.
Transmitting copy of a letter from Mr. Charles
Warren, with a draft of the proposed reply
thereto.
Concurring in the proposed reply to Mr. Warren
respecting German encroachments in South
Africa.
Observing that the disputes to which his letter of
11th August refers are not matters in which Her
Majesty's Government could interfere in the
first instance.
Transmitting, in reply to the Secretary of State's
Despatch of 27th March, copy of a minute from
Ministers, covering reports on the extent of the
territory of the Red People, and suggesting that
the German Government should be informed
that the Bechuanaland Protectorate does not in
any way interfere with the rights of that tribe.
Transmitting copies of papers respecting the bank-
ruptcy of Mr. Spence, and observing that the
claim of Messrs. De Pass on the insolvent estate
is likely to become the subject of litigation in
the Colony.
Transmitting copy of a Despatch from the High
Commissioner respecting the extent of the
territory of the Red People, and suggesting that
a communication in the sense of Sir H. Robin-
son's remarks should be made to the German
Government.
Transmitting copy of a letter received by the Trea-
surer of the Cape from Mr. John Lee, respecting
the murder of Mr. W. Jordan, the President of
the Bestuur of Upingtonia.
Transmitting a Despatch from Her Majesty's
Ambassador at Berlin, enclosing a note to the
German Government, intimating the acceptance
by Her Majesty's Government of the proposals
of the Commissioners.
Transmitting copy of a letter from the Agent-
General for the Cape respecting the murder of
Mr. W. Jordan, and pointing out that the
locality of the murder lies within the limits in
which Her Majesty's Government have agreed
with Germany not to exercise political influence.
Informing him that a copy of his letter of 22nd
October has been sent to the Foreign Office, and
transmitting copy of a letter recently addressed
to Mr. Charles Warren on the subject.
Calling attention to the injury which will be caused
to his interests by the decision of the Supreme
Court of the Colony, that Captain Spence's share
in the lease of the Angra Pequena Islands does
not fall to him (Mr. De Pass), as the survivor
of De Pass, Spence, and Co.
b
Transmitting copy of a correspondence with Mr.
De Pass respecting his share in the lease of the
Penguin Islands, and requesting favourable con-
sideration of Mr. De Pass's case,
Page.
59
62
62
62
63
70
71
71
73
74
74
75
76
X
Serial
No.
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
From or to whom.
To Daniel De Pass, Esq.
Daniel De Pass, Esq.
To Lieut.-General H.
D'O. Torrens.
To Daniel De Pass, Esq.
Foreign Office -
To the Agent-General
for the Cape.
Foreign Office -
Messrs. De Pass and Co.
To Sir Hercules Robin-
son.
To Messrs. De Pass
and Co.
Messrs. De Pass and Co.
To Messrs. De Pass
and Co.
To Foreign Office
Foreign Offie
Messrs. De Pass and Co.
Date.
Nov. 18, 1886
Nov. 22, 1886
Nov. 25, 1886
Nov. 25, 1886
Nov. 29, 1886
Dec. 10, 1886
Jan. 24, 1887
Jan. 31, 1987
Feb. 3, 1887
Feb. 3, 1887
Feb. 11, 1887
Feb. 23, 1887
Feb. 23, 1887
Mar. 3, 1887
Mar. 22, 1887
Subject.
Observing that if Mr. Spence's lease of the
Penguin Islands were interpreted according to
the desire of Mr. De Pass, it would not appear
to make any difference to his interests, but that
a copy of his letter will be forwarded to the
Colonial Government.
Expressing his desire that the Colonial Govern-
ment should grant him the lease of Captain
Spence at only a moderate increase of rent.
Transmitting, for communication to his Ministers,
copy of a further letter from Mr. De Pass.
Informing him that a copy of his letter of 22nd
November will be forwarded for the considera-
tion of the Colonial Government.
Transmitting copy of a Despatch from Her
Majesty's Ambassador at Berlin respecting the
murder of Mr. Jordan.
Forwarding copy of a letter from the Foreign
Office, enclosing copy of a Despatch from Sir E.
Malet, respecting the murder of Mr. Jordan.
Transmitting copy note from the German Am-
bassador, stating that his Government agree to
the protocol signed by Mr. Scott and Dr. Krauel
on the 15th July last.
Inquiring whether the award of the German and
English Governments has been made public, and
if so what is the nature of the award.
Transmitting copy letter and enclosures from the
Foreign Office, showing the settlement which
has been arrived at between the German and
English Governments with regard to the points
in dispute.
Transmitting copy of the protocol agreed to be-
tween the German and English Governments
for settlement of the questions hitherto in
dispute.
Expressing the opinion that the Protocol con-
cluded with Germany does not sufficiently re-
cognise their claims.
Observing that it was found impossible to induce
the German Government to recognise fully the
present validity of the documents of 1863-4,
and that the best compromise possible was
made for the English claimants.
Transmitting copy of a correspondence with
Messrs. De Pass and Company, and suggesting
that an inquiry should be addressed to the
German Government as to what documents of
title they propose to grant to Messrs. De Pass
for so much of their claims as is admitted by
the Protocol.
Stating that Sir E. Malet has been instructed to
bring the subject of the Colonial Office letter of
23rd February to the notice of the German
Government with a view to a settlement of the
claims of Messrs. De Pass and Company.
Transmitting copy of a letter to the German
Consul-General at Cape Town, respecting the
damage done to the guano property of Messrs.
De Pass at Angra Pequena by the firing of
guns by Messrs. Luderitz's people.
Page.
76
77
77
78
78
79
79
81
81
I
81
82
82
82
83
83
xi
Serial
No.
101
102
From or to whom.
To Messrs. De Pass and
Co.
To Foreign Office
!
Date.
April 2, 1887
April 2, 1887
Subject.
Stating that the subject of their letter of 22nd
March has been laid before the Marquis of
Salisbury.
Transmitting copy of a letter from Messrs. De
Pass respecting the scaring of birds caused by
the firing of guns by the people of Messrs. Lude-
ritz, and the consequent injury to the guano
deposits, and suggesting that the matter should
be represented to the German Government.
ļ
Page.
81
81
CAPE COLON Y.
FURTHER CORRESPONDENCE
SIR,
RESPECTING THE
SETTLEMENT AT ANGRA PEQUENA,
The Under Secretary of State,
Foreign Office.
ON THE
SOUTH-WEST COAST OF AFRICA.
SIR,
Downing Street, December 27, 1884.
WITH reference to previous co respondence relating to the question of Angra
Pequena, I am directed by the Earl of Derby to acquaint you, for the information of Earl
Granville, that Mr. Sidney Godolphin Shippard, Judge of the Supreme Court of the Cape
of Good Hope, residing at Grahamstown, Cape Colony, has accepted the appointment of
British Commissioner on the Commission for inquiring into the claims of British and
German subjects in this neighbourhood.
2. The Governor of the Cape Colony has reported to Lord Derby by telegraph that
the German Commissioner, Dr. Bieber, German Consul-General at Cape Town, has
expressed a desire to know when the work of the Commission is to begin; and his Lord-
ship would be glad to be informed, therefore, whether the German Government is willing
that the Commissioners should commence their investigations into the respective claims
of German and English subjects on the mainland at once, it being understood that the
British right to the islands off the coast is excluded from their inquiries.
I am, &c.
(Signed) EDWARD WINGFIELD.
U 50462.
No. 1.
COLONIAL OFFICE to FOREIGN OFFICE.
No. 2.
The RIGHT HON. THE EARL OF DERBY, K.G., to the RIGHT HON. SIR HERCULES
ROBINSON, G.C.M.G.
Downing Street, January 14, 1885.
I HAVE the honour to acknowledge the receipt of your Despatches of the 20th of
November,* relative to the mission of Mr. Palgrave to Damaraland, and the objects to
which he has been directed to give his attention.
Her Majesty's Government have no objection to Mr. Palgrave's making inquiry as to
the alleged German purchases in the neighbourhood of Walfisch Bay, nor to his looking
after the interests of British subjects in Damaraland, as far as he can do so, whilst residing
at his post at Walfisch Bay; but they consider that the question of appointing a
"Resident" with Kamaherero cannot at present be entertained, and Mr. Palgrave's
functions must be strictly limited as I have explained.
Seeing that there has been no Resident with the Chief since the end of 1880, the
appointment of one now would have the appearance of an attempt to thwart the develop-
ment of the German protectorate which Her Majesty's Government has recently
* Not printed.
A
2
recognised. Such a measure, therefore, could not be ratified or defended by Her
Majesty's Government, and in these circumstances I have no doubt that your Ministers
will perceive that even the presence of Mr. Palgrave in Native Damaraland would
at the present moment be undesirable.
I informed you, in my Despatch of the 11th of November.† that it would not be in
accordance with international comity to annex the territory immediately adjacent to the
existing German limit; and the same observation applies, although in a less degree, to
placing a Resident with a Chief whose country Germany may legitimately desire to
acquire if the Chief consents.
Sir Hercules Robinson.
SIR,
No. 3.
COLONIAL OFFICE to DANIEL DE PASS, Esq.
Downing Street, February 10, 1885.
I AM directed by the Earl of Derby to acquaint you that the British and German
Governments are now agreed as to the scope of the labours of the proposed Anglo-
German Commission relating to the claims of British subjects in the German Angra
Pequena Protectorate.
The Commission is primarily appointed to investigate the claims of yourself and any
other British subjects who may appear before it to property on the mainland of the
Protectorate. It was at one time proposed that your claim and the claim of the Crown
to the islands which you hold under lease should be also submitted to the Commission;
but Her Majesty's Government have declined to agree to this proposal as regards the
islands forming part of the Cape Colony, and by name leased to you. With regard to
Shark Island, however, and any unnamed islets and rocks, they consider that the case is
different, and that it will be for you and your advisers to make out your title to them
before the Commission.
I have, &c.
(Signed) DERBY.
I am to request that Lord Derby may be informed as soon as possible whether you
propose to proceed personally to the Cape, as the Commissioners will be informed on the
re-opening of telegraphic communication that the two Governments are agreed as to the
scope of the Commission, and they will be invited to meet and consider certain pre-
liminary questions of procedure, upon the settlement of which there would be nothing to
delay their entering upon the actual consideration of the British claims except the
absence of yourself, and it will be convenient that you should call at this office on the
subject.
The Commissioners will meet in the first instance at Cape Town.
I am, &c.
Daniel De Pass, Esq.
(Signed)
The Under Secretary of State,
Colonial Office.
No. 4.
FOREIGN OFFICE to COLONIAL OFFICE.
JOHN BRAMSTON.
SIR,
Foreign Office, February 13, 1885.
I AM directed by Earl Granville to forward to you herewith, for the information
of the Secretary of State for the Colonies, a copy of a note which his Lordship has
addressed to Count Münster relative to the scope of the proposed Anglo-German
Commission at Angra Pequena.
Enclosure in No. 1.
I am, &c.
(Signed)
T. V. LISTER.
M. L'AMBASSADEUR,
Foreign Office, February 13, 1885.
WITH reference to the interview which I had the honour of holding with your
Excellency on the 3rd instant, on the subject of the Angra Pequena Claims Commission,
† [C. 4265] December 1884.
I have the honour to state that as Her Majesty's Government and that of Germany are
now practically agreed as to the scope of the labours of the Commission, Her Majesty's
Government propose to inform the Governor of the Cape that the two Governments
are so agreed, and that it would be well that the two Commissioners should meet as soon
as possible to consider the mode of procedure to be adopted, and whether they will visit
Angra Pequena, as will probably be necessary.
I must, however, inform your Excellency that Mr. De Pass, the British claimant, is
now in this country, and has been informed, in reply to a letter asking for assurances that
he would be granted ample time to prepare his case, that he would doubtless receive
reasonable notice of the sittings of the Commission and of the formalities which they
may prescribe. This correspondence was published in a paper laid before Parliament
in December last, which is doubtless familiar to your Excellency, but of which a copy
is enclosed for convenience of reference. Your Excellency will no doubt perceive that
the actual sittings of the Commission cannot commence until Mr. De Pass arrives at the
Cape, should he decide to proceed there for the purpose of defending his rights, and he
will be informed at once that if that is his intention the sooner he does so the better.
He will also be told that, as "Shark's Island" is not named in his lease, or in the Pro-
clamation, or other State documents, it will be for him to defend his title to it, as also
to such unnamed rocks or islets, if any, as he may claim along the coast.
In regard to this point I have to state, that, in the opinion of Her Majesty's Govera-
ment, the Commission should be requested to ascertain what are the rocks and islets
claimed by the lessees under the general clause, and report their opinion on the validity
of the claim of the lessees.
It should further, in the opinion of Her Majesty's Government, be understood that
small detached unnamed rocks which are virtually part of the islands named should be
deemed to be included in the annexation of the islands to which they are appurtenant.
As regards the granting of the lease under which Mr. De Pass claims these islands,
islets, and rocks, it was not the independent act of the Government of the Cape Colony.
The lease, which takes the place of an earlier lease of 1861, is dated in 1869, two years
before the establishment of self-governmeut under a responsible Government at the
Cape. The lease was granted on the personal responsibility of the Governor as repre-
senting the Queen, under his Commission as Governor of Ichaboe and the Penguin
Islands, and being within the scope of his legal and political authority must be deemed
to be the act of the British Crown, and there can be no doubt that he believed he was
acting within the scope of his authority when he inserted in the lease the clause relating
to rocks and islets upon which the present question arises.
As regards the movements of the Commissioners, Her Majesty's Government would
suggest that if it is decided that they should proceed to the coast they should be con-
veyed there in an English or German man-of-war as may be most convenient. It may
also be necessary to arrange for joint clerical and interpreting assistance, the expense
of which, as well as all other joint expenses your Excellency will no doubt agree should
be shared in equal proportions between the two Governments.
The English Commissioner will be separately remunerated by Her Majesty's
Government.
In conclusion I have to state that the cable to South Africa is broken; but on learning
from your Excellency that the course above proposed is agreeable to the German
Government, instructions will be sent by post and will be followed by a telegraphic
communication as soon as the cable is repaired.
His Excellency the Count Münster.
I have, &e.
(Signed)
No. 5.
COLONIAL OFFICE to FOREIGN OFFICE.
GRANVILLE.
Downing Street, February 16, 1885.
SIR,
I HAVE laid before the Earl of Derby your letter of the 13th instant, enclosing a
copy of a note from Earl Granville to Count Münster relative to the meeting of the
Anglo-German Commission on British Claims at Angra Pequena, and I am to acquaint you
* [G. 4262.]
† No. 4.
A 2
4
that his Lordship now learns from Mr. De Pass that it is not his intention to proceed to
South Africa to appear before the Commission, as his lawyer on the spot is prepared with
evidence to sustain his claims.
The Under Secretary of State,
Foreign Office.
I am, &c.
(Signed)
JOHN BRAMSTON.
No. 6.
The RIGHT HON. THE EARL OF DERBY, K.G., to the RIGHT HON. SIR HERCULES
ROBINSON, G.C.M.G.
SIR,
Downing Street, February 17, 1885.
WITH reference to previous correspondence on the subject of the appointment of
an Anglo-German Commission to investigate the claims of British and German subjects
in respect of property and concessions acquired by them on the coast north of the
Orange River before the establishment of the German Protectorate at Angra Pequena
and elsewhere on that coast, I have now the honour to acquaint you that Her Majesty's
Government and the German Government are desirous that the Commission should
meet for the despatch of business as soon as possible.
2. It will be the duty of the British Commissioner to submit to Her Majesty's
Government, through you, a full report upon all matters investigated by the Commission,
specifying the points upon which he comes to an agreement with his German colleague,
and the points, if any, on which they do not agree; together with his reasons for the
conclusions at which he arrives.
3. Her Majesty's Government have not received from the German Government any
further expression of their views with regard to the scope of the Commission, and no
joint instructions have at present been agreed upon as contemplated in the communica-
tion made to the German Government by Her Majesty's Chargé d'Affaires at Berlin in
September last as reported in his Despatch of the 19th of that month.*
It may
therefore be assumed that the British Commissioner will in the first instance indicate to
his German colleague the boundaries and descriptious of the British territory at Walfisch
Bay, and of any other islands or places which belong to the British Crown in virtue of
possession formally taken before the German Government laid claim to any part of the
coast. And (referring again to Mr. Scott's Despatch of 19th September last) they
will then proceed to ascertain what rights, interests, or property "the subjects of the
"one Government have acquired in the territories under the protection or authority of
"the other," with a view to making such "arrangements as may be found necessary
for securing the recognition and protection of those interests" by the respective
Governments.
4. There are few, if any, such German claims within the British possessions on this
coast, and it will be the principal duty of the Commission to report upon the claims
of British subjects on the mainland, within the German Protectorate. But a further
question has been discussed as to the islands, islets, and rocks adjacent to the coast. It
was desired by the German Governmert that the claims of British subjects in regard to
these islands, islets, and rocks, and the British right of sovereignty over them should be
referred to the Commission, but Her Majesty's Government declined to agree to this
proposal as regards those islands which have been proclaimed by name to be British
territory and have been incorporated by name in the Cape Colony. As to Shark
Island, however, and the unnamed islets and rocks between Hollam's Bird Island and
Sinclair's or Roast Beef Island, referred to in the lease granted by Sir P. Wodehouse
in 1869, Her Majesty's Government have consented to the Commission being invited to
ascertain what islands, islets, and rocks, other than those annexed by name to the Cape
Colony, are claimed by the lessees under the general clause above referred to, and to
request their opinion upon the validity of such claims.
5. In these circumstances I request you to communicate with the English and German
Commissioners and inform them of the scope of their inquiry, as I have defined it, and
if, as I anticipate, the German Commissioner finds that definition to be in accordance
with his instructions they should meet together as soon as possible to discuss and agree
upon the procedure which they will adopt, and the steps which they will take for carry-
ing out their inquiry. I presume that they will require some clerical assistance, and
when they proceed to the coast doubtless they wili consider the necessity of obtaining
the services of an interpreter or interpreters conversant with the local dialects.
* Enclosure in No. 31 in [C.-4262] December 1884.
5
6. As soon as you are informed of their intentions as to meeting to receive claims, I
would suggest that you should notify publicly the appointment of the Commission and
the date of its neetings, and warn any British subjects that if they desire to claim pro-
perty or other rights on the coast they should appear before the Commission and be
prepared to substantiate their claims.
7. Instructions in this sense should also be sent to the Resident Magistrate at Walfisch
Bay, with a view to his warning any British claimants who may be residing in that
neighbourhood. An advertisement will likewise be inserted in the "London Gazette"
upon the subject.
8. If the Commissioners, as I anticipate, decide to proceed at an early date to the
coast, the question will arise as to the mode of their conveyance thither, and I have to
request that you will report to me by telegraph, in order that I may ascertain from the
Lords Commissioners of the Admiralty whether there is a British man-of-war which
could be conveniently detached for the service. If an English man-of-war is not avail-
able, possibly there may be a German ship at Cape Town, and in that case Her
Majesty's Government will invite the German Government to place it at the disposal of
the Commissioners.
9. Her Majesty's Government have proposed to the German Government that the
joint expenses of the Commission should be defrayed in equal shares between the two
Governments, but the reply to this suggestion has not yet been received. I have to
request that you will impress on the English Commissioner the necessity of seeing that
a full record of the proceedings is made, and that accurate and properly vouched accounts.
are kept of all expenses incurred by the Commission.
Sir Hercules Robinson.
I have, &c.
(Signed)
No./.
REUTER'S TELEGRAPHIC AGENCY to COLONIAL OFFICE.
(Received February 25, 1885.)
DERBY.
(Extract.)
Cape Town, February 24.-Mr. Palgrave, Royal Commissioner in Damaraland, held
a conference with the principal Chiefs, the result of which was satisfactory, the Chiefs
unanimously deciding to accept British rule.
No. 8.
The RIGHT HON. THE EARL OF DERBY, K.G., to the RIGHT HON. SIR HERCULES
ROBINSON, G.C.M.G.
TELEGRAPHIC.
27th February 1885.-Press telegram, 24th February, states that Palgrave has con-
ferred with Damaraland Chiefs with satisfactory result, as they unanimously decided to
accept British jurisdiction. Referring to my Despatch, 14th January, it is my wish that
you instruct Palgrave act very strictly in accordance therewith.
No. 9.
The RIGHT HON. SIR HERCULES ROBINSON, G.C.M.G., to the RIGHT HON.
THE EARL OF DERBY, K.G. (Received February 28, 1885.)
* No. 2.
TELEGRAPHIC.
28th February.-Palgrave has returned here, having been recalled. I have not yet
received from Ministers any account of his proceedings, but have asked for it. If press
version be true, I propose to inform Kamaherero Her Majesty's Government cannot
accept his offer to place his people and country under British rule.
Ma
A 3
6
No. 10.
FOREIGN OFFICE to COLONIAL OFFICE.
Foreign Office, March 26, 1885.
I AM directed by Earl Granville to transmit for you, for the information of Her
Majesty's Secretary of State for the Colonies, translation of a document communicated
by Count Münster on the 20th instant, which contains Prince Bismarck's instructions to
Dr. Bieber, the German Consul-General at Cape Town, as German Representative on
the Angra Pequena Commission.
SIR,
In leaving this paper Count Münster said that these instructions, unlike those of
Great Britain, contained nothing in regard to the laws under which the new territories
would be placed, since this question was considered beyond the range of the inquiry.
His Excellency added that the Despatch addressed by Her Majesty's Government to
Sir H. Robinson had the appearance of giving him discretion as to the scope of this
inquiry, but that the German Government presumed that this was not the intention of
Her Majesty's Government, and that the Commissioners would be restricted to the limits
of their written instructions. Count Munster further inquired when the British in-
structions would be despatched, and said that his Government accepted the offer of a
British steamer to carry the Commissioners, and also the proposal that the expenses should
be shared with Her Majesty's Government. Lord Granville would be glad to be
enabled to reply to his Excellency's inquiry and to learn generally the views of the
Earl of Derby upon the German instructions.
The Under Secretary of State,
Colonial Office.
I am, &c.
(Signed)
Enclosure in No. 10.
PHILIP W. CURRIE.
(Translation.)
Berlin, March 11, 1885.
THE limits of the work of the mixed Commission, of which you had been
designated to the Royal Government of Great Britain as the Commissioner for this
country, were specified in the Despatch of the 19th of October last in accordance with the
position of the negotiations between the two Governments at that time.
A difference of opinion which arose later on with regard to the islands off the coast of
Angra Pequena has been settled in the course of last month.
By a Despatch of Lord Derby's of the 17th ultimo, his Excellency Sir Hercules
Robinson has been directed to give instructions to your English colleague, Mr. Shippard;
and the last obstacle to the commencement of the negotiations has been removed by
Mr. De Pass's renunciation (brought to my knowledge on the 22nd ultimo) of his claim
You will therefore enter on the
to personal appearance before the Commission.
same as soon as Mr. Shippard is ready, and the following instruction will serve for
your guidance.
On the one side, our Protectorate between the mouth of the Orange River and Cape
Frio (Walfisch Bay and the small neighbouring territory excepted), whose boundaries
result from the English Admiralty's Chart and from the Incorporation Act of the
22nd July of last year; on the other side, the English supreme power over the islands
named in the Deed of Possession of the 27th February 1867, stand outside the scope of
the discussion.
The task of the Commission is to examine and give their opinion on the claims to
private ownership, and rights of holding which subjects of the one kingdom assert they
acquired in the territory of the other before the German declaration of Protectorate.
Specially into this task enters the inquiry into the claims which English sub-
jects set up on the ground of the lease granted by Sir P. Wodehouse in 1869,
with reference to islands, rocks, and reefs, which are not named in the Deed of 27th
February 1867.
You will come to an arrangement with your English colleague as to the nature and
manner of your joint proceedings, and if Sir H. Robinson issues a public summons to the
English subjects to present themselves with their relative claims to the Commission you
will publish a corresponding summons to the German subjects in a suitable Cape Town
paper and in the official advertiser.
The expenses proceeding from the work of the Court and the eventual assistance of
interpreters will be borne by the two Governments in equal shares.
7
If it should be necessary for you to repair to the place and spot, cither an English or
a German ship of war will be placed at your disposition if practicable.
You will furnish reports to me from time to time concerning the particulars of the
negotiations.
(Signed)
VON BISMARCK.
The Imperial Consul-General, Herr Bieber,
Cape Town.
No. 11.
DANIEL DE PASS, Esq., to COLONIAL OFFICE.
128, Leadenhall Street, London,
March 27, 1885.
MY LORD.
I HAVE the honour to place before you the substance of a letter received by me
on Wednesday from Mr. John Spence of Cape Town, which confirms my letter to your
Lordship of 25th August last, wherein I pointed out a damage which would be done
to the Guano Islands in the harbour, by reason of the traffic and settlement of German
traders at Angra Pequena.
Captain Forsyth of H.M.S.Valorous' took down the Superintendent of the
Guano Islands, one Thomas Boyce, who held a Commission of the Peace, to preserve
order and protect the Guano Islands from any sort of disturbance. In furtherance of
the necessity to maintain the quiet for the sting place of these shy wild birds, it was
deemed advisable by Thomas Boyce, and acted on by Captain Forsyth, that Angra
Pequena should be the harbour (as the only safe one on that coast) for these Guano
Islands. That to a certain extent Captain Boyce was responsible to the Colonial
Government as we, the lessees of the islands, are for the preservation of the birds; that he,
as justice of the peace for the Guano Islands, could exercise the same authority at
Angra Pequena and harbour as is exercised in Table Bay and Saldanha Bay, viz., to stop
the firing of guns. After giving up the harbour of Angra Pequena, which permits of
the introduction of people belonging to another nation who are determined to annoy us
in our legitimate trade, is it possible that our Government can throw us over and ignore
the loss we sustain?
"I beg to refer you to my letter of 15th October 1884 to your firm, wherein I stated
that I shipped from these islands in 1883, 580 tons of guano, and in 1884, 300 tons, and
this year I am advised the quantity will not exceed 100 tons."
To show your Lordship the loss we sustain, I beg to mention the 580 tons realised
here in bulk, 5,075. 300 tons in 1884, 2,2007., and the 100 tons will probably fetch
only 7501. As the focal deposit is slight or scanty so much more worthless sand must
be collected with it. There is a difference between 1883, when there was no disturbance,
and 1885, of 4,2007., which for the term of our lease, some 11 or 12 years, will represent
some 40,000l. of loss to us.
As the Colonial Government had annexed the harbour to carry out a full measure of
protection for the increase of value of these guano islands, and as Imperial interests have
now been benefited by the disallowance of this Colonial annexation to favour the German
Government, will your Lordship indicate to me the course I ought to pursue to obtain
redress ?
To the Earl of Derby,
Secretary of State for the Colonies.
I have, &c.
(Signed)
DANIEL DE PASS.
No. 12.
COLONIAL OFFICE to FOREIGN OFFICE.
* No. 8 in [C. 4262] December 1884.
Downing Street, March 31, 1885.
SIR,
I HAVE laid before the Earl of Derby your letter of the 26th.† enclosing a copy
of the Instructions addressed by Prince Bismark to the German member of the Anglo-
German Commission on claims at Angra Pequena, which had been left at the Foreign
† No. 10.
A 4
Office by the German Ambassador, who took the occasion to make certain observa tions
on Lord Derby's Despatch of 17th of February."
CC
Lord Derby does not understand what portions of his Despatch have given rise to Count
Münster's criticisms, and he thinks that possibly its meaning may not have been clearly
rendered by those who translated it into German, and that hence a misunderstanding
has arisen.
It was not intended by his Lordship that any question as to the laws under which
the German and English possessions were to be placed should be submitted to the Com-
mission, and no discretion in regard to the scope of the Commission was intended to be
left to Sir Hercules Robinson, who has acted, in this matter, only as the official channel
of communication with the English member of the Commission.
It was not intended to issue any instructions to Mr. Shippard beyond those which are
contained in Lord Derby's Despatch of the 17th of February," and which would become
binding on him according to English official practice, as soon as communicated to him by
the Queen's representative on the spot, and that Mr. Shippard himself so understands
the matter seems plain from his having consented to proceed to Angra Pequena on the
10th proximo. But as the German Government seem to think that the issue of special
instructions would be desirable, Lord Derby has no objection to direct the High Com-
missioner to communicate to Mr. Shippard a copy of Prince Bismarck's instructions to Dr.
Bieber, and to inform him that he may regard them as applicable to himself mutatis
mutandis.
The Under Secretary of State,
Foreign Office.
I am, &c.
(Signed) JOHN BRAMSTON.
No. 13.
The RIGHT HON. SIR HERCULES ROBINSON, G.C.M.G., to the RIGHT HON. THE
EARL OF DERBY, K.G. (Received April 1, 1885.)
(Signed)
The Right Hon. the Earl of Derby, K.G.,
&c.
&c.
&c.
Government House, Cape Town,
March 11, 1885.
MY LORD,
WITH reference to my telegram of the 28th ultimo,† I have the honour to enclose,
for your information, a copy of a Minute which I have received from Ministers, covering
Mr. Palgrave's report of his proceedings in Damaraland.
I enclose, also, a copy of a letter which I have addressed to the Chief Kamaherero,
declining his offer of the cession of his country.
I have, &c.
* No. 6.
HERCULES ROBINSON,
Enclosure 1 in No. 13.
MINISTERS to HIGH COMMISSIONER.
MINUTE.
S
High Commissioner.
Colonial Secretary's Office, Cape Town,
March 3, 1885.
WITH reference to his Excellency the Governor's Minute, No. 19, of the 28th ultimo,
enclosing copy of a telegram from the Right Hon the Secretary of State for the
Colonies relating to the mission of Mr. Palgrave to Walfish Bay, Ministers have the
honour to state, for the information of his Excellency the Governor and High Com-
missioner, that Mr. Palgrave was instructed by the Colonial Government to proceed to
Walfish Bay for the purpose of inquiring into and reporting upon, first, the trade and
circumstances of that Settlement generally, in view of the alleged annexation of the
surrounding territory to the German Empire, and secondly, the necessity, if any, for
taking measures to protect Colonial trade, Colonial interests, and the rights of the
Colonial subjects of Her Majesty north of the Orange River.
† No. 9.
9
That officer was further specially directed to avoid any collision with subjects of the
German Empire, as well as any interference with their rights, and to refrain fron
any act which would bear the appearance of inducement to native Chiefs to cede
territory.
Having arrived at Walfish Bay, Mr. Palgrave was requested by Kamaherero to visit
him, when, without inducement of any description, the representatives of the Herero
nation handed to him a deed of cession of Damaraland to Her Majesty the Queen in
Her Colonial Government. Translations and copies of the documents of cession, and
copy of Mr. Palgrave's report of the circumstances, are annexed hereto for his Excel-
lency's information.
Ministers have the honour to add that nothing further was done by Mr. Palgrave than
to accept the cession for transmission to his Excellency, and no acceptance of the
territory proposed to be ceded was made by him. In fact, Mr. Palgrave acted through-
out with great judgment, and exercised much care in avoiding every act which could in
any way compromise either Her Majesty's Imperial Government, or the Colonial
Government.
Finally, Ministers one more earnestly desire that his Excellency will be pleased to
urge upon the Secretary of State the importance to the Cape Colony of the offered
cession of territory being accepted by Her Majesty's Government with a view to
annexation to the Colony at an early period.
(Signed) J. GORDON SPRIGG.
W. COATES PALGRAVE, Special Commissioner, to UNDER SECRETARY FOR NATIVE
AFFAIRS.
SIR,
Cape Town, February 24, 1885.
I HAVE the honour to report my return from Walfisch Bay yesterday, by the
"Louis Alfred."
2. Soon after my arrival at the Bay, I met Mr. Robert Lewis, a trader, long resident
among the Damaras, and very much trusted and respected by them, from whom I learnt
that Kamaherero was expecting a visit from some official sent him by the Government,
and would be glad, and indeed was anxious, to see me, and that be was also desirous
that an officer might be stationed with him, through whom he could communicate with
the Government.
-
3. I accordingly lost no time in visiting Kamaherero, taking with me Mr. Duncan
Hedley, a non-commissioned officer on the Police Establishment at Walfisch Bay, for the
purpose of leaving him at Okahandja, if required.
4. On my arrival, Kamaherero at once took measures to collect his headmen and
councillors, and, after some day's deliberation, he handed me a deed of cession of his
whole country to the British Government, stipulating only that the Damara laws should,
as far as possible, remain in force until the laws of the Government were understood by
his people, and that he should continue to be acknowledged as the paramount Chief of
the country, and that the two mining concessions granted by him should be respected.
5. I did not urge Kamaherero to this, and I am of opinion that the course now adopted
is one which the great majority of the Damara tribe had long ago decided upon.
6. I have taken care that no action of mine can in the slightest degree be construed
as inimical to German interests.
I have, &c.
(Signed) W. COATES PALGRAVE,
Special Commissioner.
DEED OF CESSION.
TRANSLATION.
B
Okahandja, Damaraland,
December 29, 1854.
1, KamaHerero, paramount Chief of Damaraland, with the consent of my under Chiefs
and Counsellors, subject ourselves to the Government of the Queen of England in Her
U 50462.
10
Government of the Colony of the Cape of Good Hope as one of Her posts, namely, our
whole country, including the boundaries fixed with the Commissioner, Mr. Palgrave, in
1876, and also those lands which were left out for the sake of peace, but which were
occupied by our forefathers in earlier times. These I consider now as belonging to us
by conquest.
In the name, and with the consent, of myself and my people, I subject myself to the
Government in order that we may receive that protection which we have for so long a
time asked for in vain, and now, in firm confidence, I know for certain that we shall be
treated in all respects as the true subjects of the Queen herself.
Reserving to ourselves :-
1. I ask that our laws shall remain as they are until we understand the laws of the
Government. That all matters of estates shall be decided by myself with the consent of
the parties concerned, and that I, Kamaherero, shall remain paramount Chief of my people,
and that no other shall be put in my place.
2. And as there are copper mines which I have leased to people, so I desire that such
leases shall remain of force, and that all the lease-monies shall be paid to me.
(Signed)
SALOMAN APUNDA
his
KAVETHEVI X
mark.
his
UMTATE X
mark.
his
KAHEMEMOA X
mark.
his
KAPAREVE X
his
REARWA OF AMANSDOP X
mark.
ZEMUNDGA X
mark.
MOSES
Witnesses to Kamaherero's mark,
mark.
his
his
X
mark.
his
X
mark.
(Signed)
his
HALBA X
mark.
KANDACE
P. DE SMIDT.
D. HEDLEY.
R. LEWIS.
his
X
mark.
his
ELIAS X
mark.
his
KAMAHERERO X
mark.
bis
ZACHARIAS TJIBINSKO X
mark
his
JOHANNES MUPURNA
WILLEM ZACHARIAS
his
MBARARATYO X
mark.
his
KUTAMUNDA X
mark.
X
mark.
his
X
mark.
We, the herein mentioned Chiefs and Counsellors of the Herero nation affix our
signatures to this Act of our Chief in token of our assent and full approval of it.
Witnesses to marks of Chiefs and Counsellors,
(Signed)
P. DE SMIDT.
D. HEDLEY.
R. LEWIS.
Handed to me at Okahandja, Damaraland, this 29th day of December 1884, by the
paramount Chief Kamaherero, who affixed his signature thereto in my presence and the
presence of the above written witnesses.
(Signed)
W. COATES PALGRAVE,
Special Commissioner.
The deed of cession was translated by me into English from the Dutch as interpreted
to me from the Herero by Samuel Shepherd.
(Signed) P. DE SMIDT.
11
Okahandja, January 3, 1885.
WE, the undersigned Chiefs and Counsellors of the Herero nation, having read and
become fully acquainted with the Deed of Cession of Damaraland to the English
Government made by Kamaherero on 29th December 1884, affix our signatures hereto as
a token of our assent to the terms of the said cession, and our full approval of it.
We further record that our absence from the meeting of the 29th December 1884 was
unavoidably caused by our being suddenly called out to follow up the enemies of our
country, who had committed a raid upon Otyezwa, and swept off all the cattle on that
station.
NICODEMUS KABIKAMA
bis
MARTIN X
mark.
ASA RIGARNA.
DANIEL KAVEzeri.
JULIUS MBAKIKIKA.
his
JONAS X
'mark,
his
X
mark.
Witnesses to signatures,
Witnesses to signatures,
(Signed) SAMUEL MAHerero.
his
TRANGOTT KANDYII X
mark.
LUDOVICH.
his
EZEKIEL X
mark.
EDWARD TYAMVAKA.
CHRESTOSH KAAHEKE.
GOTTFRIED KAMUSUDISE.
WILLEM KAUMUNIKA.
(Signed)
Otyimbingue, January 5, 1885.
WE, the undersigned Under Chiefs and Counsellors of the Herero nation, having read
and become fully acquainted with the Deed of Cession of Damaraland to the English
Government made by Kamaherero on the 29th of December 1884, affix our signatures
hereto as a token of our assent to the terms of said cession, and our full approval of it.
We further record that we were unavoidably prevented from attending the meeting at
Okahandja on the 29th December 1884.
(Signed)
DUNCAN HEDley.
J. W. CAINES.
(Signed)
ZACHARIAS ZERAWA
JOSEPH HUKUNANA X
mark.
his
X
mark.
his
ONESIMUS KAWAPURIRA
his
LUCAS KAMATOTO X
mark.
P. DE SMIDt.
R. LEWIS.
Enclosure 2 in No. 13.
HIGH COMMISSIONER to KAMAHERERO.
his
X
mark.
Government House, Cape Town,
March 5, 1885.
MY FRIEND,
I HAVE received the paper you signed on the 29th of December last offering to
subject yourself, your people, and your country, to the Queen of England in Her
Government of the Colony of the Cape of Good Hope.
I thank you for the offer you have made, which I appreciate as a proof of your good-
will towards the British Government, but it is my duty to tell you that it cannot be
B 2
12
accepted. Before receiving your present offer, the Cape Ministers had proposed the
annexatiou of both Damaraland and Namaqualand, and I send you for your perasal a
copy of the letter in reply containing the decision of Her Majesty's Government.
The German Government has declared a Protectorate on the coast of Namaqualand
and Damaraland for 20 miles inland, and has reserved for a subsequent period a more
definite demarcation of the landward frontier, as the development of the Settlements and
of the Colonial traffic may suggest.
Her Majesty's Government, in recognising this Protectorate, have assented to the
conditions on which it has been announced to them that it is established, and this being
so, it would not be in accordance with international comity to annex the territory im ne-
diately adjacent to the existing German limit.
Although I am unable to accept your offer, I am very sensible of the friendly feeling
which induced you to make it, and I trust that the good relations which have hitherto
existed between your people and the English traders residing in, or visiting, your country,
will be continued in time to come.
To Kamaherero,
Paramount Chief of Damaraland.
I remain, &c.
(Signed) HERCULES ROBINSON,
Governor, and Her Majesty's High Commissioner,
for South Africa.
No. 14.
The RIGHT HON. THE EARL OF DERBY, K.G., to the RIGHT HON. SIR HERCULES
ROBINSON, G.C.M.G,
*
SIR,
Downing Street, April 2, 1885.
WITH reference to my Despatch of the 17th of February, I transmit, for
your information, the enclosed copies of correspondence † between the Foreign Office
and this Department, and I have to request that you will communicate it to Mr.
Shippard, and inform him that Her Majesty's Government adopts the terms used by
Prince Bismarck in his instructions to Dr. Bieber relative to the functions of the Com-
mission, and that he (Mr. Shippard) is to consider these instructions mutatis mutandis as
applicable to himself.
Sir Hercules Robinson.
Daniel De Pass, Esq.,
&c.
&c.
No. 15.
COLONIAL OFFICE to DANIEL DE PASS, Esq.
* No. 6.
Downing Street, April 4, 1885.
SIR,
I AM directed by the Earl of Derby to acknowledge the receipt of your letter of
27th ultimo, complaining of the damage done to the Guano Islands in the harbour of
Angra Pequena by the traffic and settlement of German traders on the inainland.
Lord Derby desires me in reply to say that he regrets to hear of the diminution
in the yield of the islands, which he hopes is only temporary; but I am to remind you
that you have been fully aware, since the date of your lease aud before it, that the
annexation of the harbour of Angra Pequena by Captain Forsyth in 1886 had not
been adopted by Her Majesty's Government, and no guarantee has ever been given
you that settlements on the mainlaud would be prevented with a view to your
benefit.
I have, &c.
(Signed) DERBY.
I am, &c.
(Signed)
† Nos. 10 and 12.
JOHN BRAMSTON.
No. 11.
13
SIR,
No. 16.
The RIGHT HON. THE EARL OF DERBY, K.G., to the RIGHT HON. SIR
HERCULES ROBINSON, G.C.M.G.
Downing Street, April 8, 1885.
I HAVE the honour to acknowledge the receipt of your Despatch of 11th ultimo,*
transmitting a copy of Mr. Palgrave's report of his proceedings in Damaraland, and also
of a letter which you had addressed to the Chief Kamaherero declining his offer to cede
his country to Her Majesty the Queen, and I have to convey to you my approval of
your communication to the Chief.
Sir Hercules Robinson.
No. 17.
The RIGHT HON. SIR HERCULES ROBINSON, G.C.M.G., to the RIGHT HON. THE
EARL OF DERBY, K.G. (Received April 9, 1885.)
The Right Hon. the Earl of Derby, K.G.,
&c.
&c.
&c.
MY LORD,
HAVING Communicated your Lordship's telegram of the 24th February to Judge
Shippard, that gentleman left Graham's Town on the 27th February, and arrived here
on the 2nd instant.
I have, &c.
(Signed)
The German Consul-General received his instructions on the 13th instant, by the
mail steamer which brought me your Lordship's Despatch of the 17th February,I
and the Commission met for the first time on Monday last, the 16th, when the notifica-
tions were issued which will be found in the accompanying copy of the Government
Gazette.
The Commission, after receiving claims in Cape Town, propose visiting the West
Coast, leaving this, if a vessel can be provided for their transport, about the 15th
April.
I shall be glad to receive instructions as to the mode of defraying the expenses of the
Commission.
Government House, Cape Town,
March 18, 1885.
I have, &c.
(Signed)
* No. 13.
DERBY.
Enclosure in No. 17.
HIGH COMMISSIONER'S NOTICE.
ANGRA PEQUENA and WEST COAST CLAIMS JOINT COMMISSION.
† Not printed.
HERCULES ROBINSON,
High Commissioner.
It is notified for public information that a Joint Commission has been appointed to
investigate the claims of British and German subjects in respect of property and con-
cessions acquired by them, on or near the coast north of the Orange River, before the
establishment of the German Protectorate at Augra Pequena and elsewhere on that
coast.
The honourable Mr. Justice Shippard has been appointed British Commissioner, and
Consul-General Dr. E. Bieber has been appointed German Commissioner.
By Command of his Excellency the High Commissioner.
(Signed)
GRAHAM BOWER,
Imperial Secretary.
Government House, Cape Town,
March 16, 1885.
‡ No. 6.
B 3
14
ANGRA PEQUENA and WEST COAST CLAIMS JOINT COMMISSION.
NOTICE.
Cape Town, March 16, 1885.
WITH reference to the notification by the High Commissioner, dated 16th
instant, notice is hereby given that the Commissioners will hold their first official
meeting at Government House, on Friday the 27th March 1885. Statements in
writing of all claims, addressed to Mr. John Auchitel Ashburnham, should be forwarded
to Government House not later than Thursday, 26th March 1885.
The Commissioners contemplate proceeding to Angra Pequena and Walfisch Bay in
the course of the month of April 1885, for the purpose of receiving further claims and
taking evidence.
(Signed)
No. 18.
MESSRS. DE PASS & CO. to COLONIAL OFFICE.
MY LORD,
128, Leadenhall Street, London,
April 16, 1885.
We have the honour to acknowledge the receipt of your letter of the 4th inst.*
in reply to ours of the 27th ulto.,† relative to the mischief done to the Guano Islands
at Angra.
Your Lordship in reminding us that we were fully aware since and before the leases
that the annexation of the harbour of Angra in 1866 had not been adopted by Her
Majesty's Government, and that no guarantee was given us that a settlement on the
mainland, with a view to our benefit, would be prevented.
We apprehend, if your Lordship fully appreciated all the facts, that you would not
form this conclusion.
The disallowance of annexation alluded to occurred during the period of our unex-
pired lease after this lease had been given us as a sort of compensation, so that virtually
the leases to us for surrendering our prescriptive rights and claims were broken. At the
time we entered upon the final lease dated January 11th, 1869, we did so believing we
should be protected by the harbour of Angra, and that the islands therein would suffer
no disturbance; under such favourable conditions an increase yearly of guano would be
expected.
The annual revenue received by the Cape Government from guano islands is large,
and its collection free from expense, a net source of income is derived therefrom, and is
yearly increasing, and it would be the duty of the Government to conserve for such
increase.
As the value of the guano islands is important to the lessees so is the increase of
revenue to the Colony.
S. G. A. SHI PARD,
British Commissioner
BIEBER,
German Commissioner.
The Government protection to keep these islands preserved was an implied fact, and
mutually understood when my late firm gave up 24,000l. of property in Table Bay and
surrendered their local rights to the guano islands as original proprietors. Our claims
were not fully met by the short leases forced on us by the Cape Legislature, and by
giving us leases of islands which could be rendered valueless.
We trust your Lordship will suspend judgment of the case until the evidence of the
Anglo-German Commission is in your possession.
* No. 15.
The Right Hon. the Earl of Derby, K.G.,
&c.
&c.
&c.
We have, &c.
(Signed)
DANIEL DE PASS & CO.
† No. 11.
15
No. 19.
The RIGHT HON. THE EARL OF DERBY, K.G., to the RIGHT HON. SIR HERCULES
ROBINSON, G.C.M.G.
SIR,
Downing Street, April 28, 1885.
WITH further reference to your Despatch of the 11th of March,* I have the
honour to acquaint you that the German Ambassador has expressed the satisfaction of
his Government at the terms of your reply to Kamaherero's offer of allegiance. His
Excellency has also suggested that Her Majesty's Government should express to your
Ministers a hope that no endeavour will be made to obtain influence in the country
north of the Orange River and west of the 20th degree of east longitude.
Such a hope is in conformity with the policy which your Ministers are aware Her
Majesty's Government have adopted in regard to the portion of South Africa in question,
and I need only observe on the present occasion that I consider the expression "influence
to apply to political influence, and I have no desire to suggest that the legitimate opera-
tions of trade between the Colonists and natives should be curtailed or terminated.
I have, &c.
(Signed) DERBY.
Sir Hercules Robinson.
No. 20.
FOREIGN OFFICE to COLONIAL OFFICE.
The Under Secretary of State,
Colonial Office.
SIR,
Foreign Office, May 15, 1885.
I AM directed by Earl Granville to enclose copy of a note addressed to Count
Münster respecting the notification to Kamaherero and other Chiefs of the arrangement
with Germany.
I am to state that his Lordship will be glad to be informed of any steps that may be
taken for conveying the notification to the Chiefs.
Enclosure in No. 20.
I have, &c.
(Signed)
::
T. V. LISTER.
* No. 13.
M. L'AMBASSADEUR,
Foreign Office, May 15, 1885.
I HAVE the honour to inform your Excellency, with reference to our conversation
of the 10th ultimo, that Her Majesty's Secretary of State for the Colonies has instructed
the High Commissioner in South Africa that Her Majesty's Government trust that no
endeavour will be made by the Cape Government to obtain influence in the country to
the north of the Orange River and west of the 20th degree of longitude. In making this
intimation it was explained to him that, in order to prevent misunderstandings as to its
nature he should make it clear, as this territory will be under the Protectorate of a friendly
Power, it is not to be understood that there is any desire that legitimate trading opera-
tions between the Colonists and the inhabitants of those territories should cease.
It is feared that there may be some difficulty in carrying out the suggestion that the
presence of the Commission at Walfish Bay should be utilised to make known to the
Chiefs of Namaqualand and Damaraland the readiness of Her Majesty's Government to
see German authority extended inland as far as the 20th degree of east longitude, as the
Commission has either left the Cape or is on the point of leaving, and as the South
African telegraph cable is unfortunately broken, there would be little prospect of the
instructions reaching the Commissioners in time to be of any use. I have, however, to
request your Excellency to convey to Prince Bismarck the assurance that the fact that
this particular mode of communicating with the Chiefs seems to be impracticable in no
B 4
16
way affects the intentions of Her Majesty's Government to make the desired communi-
cation to the Chiefs, and that instructions will be sent to the High Commissioner to
cause a notification in the sense desired by the German Government to be made by the
first opportunity.
I have to add that Kamaherero was informed in an official letter from the High Com-
missioner, of the 5th of March, that Her Majesty's Government had recognised the
German Protectorate on the coast and would not interfere with the territory adjacent
to it.
His Excellency Count Münster.
SIR,
No. 21.
The RIGHT HON. THE EARL OF DERBY, K.G., to the RIGHT HON. SIR
HERCULES ROBINSON, G.C.M.G.
Downing Street, May 23, 1885.
*
SIR,
WITH reference to previous correspondence on the subject, I transmit to you, for
your information, a copy of a Note that has been addressed by the Secretary of State
for Foreign Affairs to the German Ambassador at this Court respecting communications
to the Chiefs of Damaraland and Namaqualand as to the British and German lines of
demarcation.
2. I shall be glad if, whenever an opportunity occurs for communicating with any of
the Chiefs living to the west of the 20th degree of east longitude, you will intimate to
them that Her Majesty's Government have agreed to limit the Queen's authority to the
country eastward of that line, and that if the authority of the German Government
should be extended inland up to that line, Her Majesty's Government will not do
anything to interfere with such extension.
Sir Hercules Robinson.
The Under Secretary of State,
Colonial Office.
I have, &c.
(Signed)
No. 22.
FOREIGN OFFICE to COLONIAL OFFICE.
No. 23.
GRANVILLE.
Foreign Office, June 9, 1885.
I AM directed by Earl Granville to inform you that the instructions to the High
Commissioner in South Africa respecting Damaraland and Namaqualand, enclosed in
your letter of the 23rd ultimo,† have been communicated to the German Embassy.
I am, &c.
(Signed)
* Enclosure in No. 20.
I have, &c.
(Signed)
DERBY.
The RIGHT HON. SIR HERCULES ROBINSON, G.C.M.G., to COLONEL THE
RIGHT HON. F. A. STANLEY, M.P. (Received August 5, 1885.)
† Not printed.
T. V. LISTER.
Government House, Cape Town,
July 15, 1885.
SIR,
I HAVE the honour to enclose, for your information, copy of a letter which I have
received from Mr. Justice Shippard, the British Commissioner on the Angra Pequeña
and West Coast Claims Joint Commission, requesting to be informed of the intentions
17
of Her Majesty's Government regarding a number of claims which have been, and are
likely to be, laid before the Commission, but are, territorially, beyond the scope of its
present instructions.
I have, &c.
(Signed) HERCULES ROBINSON,
High Commissioner.
Colonel the Right Hon. Frederick A. Stanley, M.P.,
&c.
&c.
&c.
Enclosure in No. 23.
BRITISH COMMISSIONER, West Coast Commission, to HIGH COMMISSIONER.
Cape Town, July 7, 1885.
SIR,
I HAVE the honour to inform your Excellency that a number of claims of British
subjects in Damaraland and Great Namaqualand, between 20° E. longitude and the
eastern limit of the present German Protectorate, have been laid before the Angra
Pequeña and West Coast Claims Joint Commission, and that I have reason to believe
that a considerable number of other claims would be brought forward by British
subjects, in the event of the German Protectorate being extended as far as 20° E.
longitude. These claims are beyond the scope of the present instructions of the
Joint Commission, and I have the honour to ask that your Excellency will be pleased
to inform the Right Hon. the Secretary of State of the existence of these claims, with
a view to ascertaining the intentions of Her Majesty's Government in respect thereof.
I have, &c.
(Signed) S. G. A. SHIPPARD,
His Excellency
The Right Hon. Sir Hercules Robinson, P.C., G.C.M.G.,
Governor-in-Chief, and
Her Majesty's High Commissioner.
No. 24.
The RIGHT HON. SIR HERCULES ROBINSON, G.C.M.G., to COLONEL THE RIGHT
HON. F. A. STANLEY, M.P. (Received August 26, 1885.)
Government House, Cape Town,
August 5, 1885.
SIR,
I HAVE the honour to enclose, for your information, a copy of a Minute which I
have received from Ministers, covering papers respecting the affairs of Damaraland.
I enclose also copies of the reply which I have addressed to Ministers, and of letters
addressed to the Chiefs Kamaherero and William Christian.
British Commissioner.
I have, &c.
(Signed)
Col. the Right Hon. Frederick A. Stanley, M.P.,
&c.
&c.
&c.
U 50462.
HERCULES ROBINSON,
High Commissioner.
Enclosure 1 in No. 24.
MINISTERS to GOVERNOR AND HIGH COMMISSIONER.
MINUTE.
Colonial Secretary's Office, Cape Town,
July 28, 1885.
IN transmitting to his Excellency the Governor and High Commissioner copies of the
correspondence specified in the annexed Schedule, respecting the affairs of Damaraland,
Ministers have the honour to request that his Excellency may be pleased earnestly to
urge Her Majesty's Imperial Government to refrain from forcing the inhabitants of that
country to acquiesce in German annexation.
(Signed)
THOMAS UPINGTON.
с
18
No.
1 24th Feb. 1885,
with annexures.
2
Date,
3
From whom.
Mr. W. Coates-
Palgrave.
SCHEDULE.

Subject.
Reporting result of his mission
to Damaraland.
11th June 1885, Mr. P. J. de Smidt Cession of Damaraland to the
with an annexure.
Colonial Government.
7th April 1885, R.M., Walfish Bay Respecting the views of the
with annexures.
Damaras on the subject of
German annexation.
Sent to Secretary of State.
(in) Despatch of 11th March
1885.
Despatch of 24th June 1885.
Enclosure 2 in No. 24.
GOVERNOR AND HIGH COMMISSIONER to MINISTERS.
MINUTE.
Do.*
Government House, Cape Town,
July 30, 1885.
THE Governor begs to acknowledge the receipt of Ministers' Minute of the 28th instant,
covering a report by Mr. Coates-Paigrave, and other papers respecting the affairs of
Damaraland.
2. The Governor begs to acquaint Ministers that all these papers have already been
communicated to the Secretary of State, who has approved of the reply sent by the High
Commissioner to Kamaherero through the Native Affairs Office on 5th March last,
declining the Chief's offer of the cession of his country.
3. The Governor begs also to refer Ministers to the Secretary of State's Despatch
of the 28th April last, forwarded to Ministers under cover of his Minute of the
23rd May, and also to the Secretary of State's Despatch of the 23rd May, forwarded
under cover of Minute of 23rd June.
4. Ministers will observe that Her Majesty's Government have agreed to limit the
Queen's authority to the country eastward of the 20th meridian of east longitude, and
that if the authority of the German Government should be extended inland up to that
time Her Majesty's Government will not do anything to interfere with such extension.
5. Her Majesty's Government have also expressed a hope that no endeavour will be
made by Ministers to obtain political influence in the country north of the Orange River
and west of the 20th meridian of longitude, and the Governor trusts that Ministers will
be so good as to instruct the various frontier officers accordingly.
6. Letters conveying the decision of Her Majesty's Government have already been
addressed to the Chiefs Kamaherero and William Christian, and the Governor thinks that
no encouragement should be given to any expectation that the decision will be reversed.
(Signed) HERCULES Robinson,
Governor and High Commissioner.
Enclosure 3 in No. 24.
From GOVERNOR AND HIGH COMMISSIONER to WILLIAM CHRISTIAN, Chief of the
BONDELSWAARTS.
Government House, Cape Town,
July 9, 1885.
MY FRIEND,
I HAVE been instructed by Her Majesty's Government to let you know that they have
agreed to limit the Queen's authority to the country east of the 20th degree of longitude,
and that if the authority of the German Government should be extended inland up to
that line, Her Majesty's Government will not do anything to interfere with such
extension.
I remain, &c.
(Signed) HERCULES ROBINSON,
* This letter was not received in that Despatch (No. 13).
Governor and High Commissioner.
:
19
Enclosure 4 in No. 24.
From GOVERNOR AND HIGH COMMISSIONER to KAMAHERERO, Paramount Chief
of Damaraland.
Government House, Cape Town,
July 30, 1885.
MY FRIEND,
I HAVE been instructed by Her Majesty's Government to acquaint you that they
have agreed with the German Government to limit the Queen's authority to the country
to the east of the 20th meridian of east longitude, and that if the authority of the German
Government should be extended up to that line, Her Majesty's Government will not do
anything to interfere with such extension.
I remain, &c.
(Signed) HERCULES ROBINSON,
Governor and High Commissioner.
No. 25.
COLONEL THE RIGHT HON. F. A. STANLEY, M.P., to the RIGHT HON. SIR
HERCULES ROBINSON, G.C.M.G.
TELEGRAPHIC.
3rd September 1885. In reply to your Despatch Angra Pequeña Commission
should not deal with cases beyond their original instructions. Send abstract of
Report as soon as possible.
No. 26.
The RIGHT HON. SIR HERCULES ROBINSON, G.C.M.G., to COLONEL THE
RIGHT HON. F. A. STANLEY, M.P. (Received September 17, 1885.)
*
TELEGRAPHIC.
17th September. Referring to your telegram of 3rd September,+ Shippard's West
Coast Report went home yesterday. Following brief abstract:-Both Commissioners
admit certain claims, reject others, and upon some do not agree. Following main points
of difference: British Commissioner considers islands in leases of 1869, although not
annexed to Colony, to be British, and the claims under lease valid; German Commis-
sioner disagrees. British Commissioner considers De Pass, Spence, and Co.'s pro-
prietary claims on mainland, under grants from Chief David Christian of 1863 and 1864,
including entire coast of Angra Pequeña, to be valid; German Commissioner disagrees.
British Commissioner considers De Pass, Spence, and Co.'s claims for rent of German
factory at Angra Pequeña, and for compensation for damage done to Penguin Island
through such factory on mainland opposite, valid; German Commissioner disagrees.
No. 27.
The RIGHT HON. SIR HERCULES ROBINSON, G.C.M.G., to COLONEL THE
RIGHT HON. F. A. STANLEY, M.P. (Received October 7, 1885.)
* No. 23.
Government House, Cape Town,
September 16, 1885.
SIR,
I HAVE the honour to enclose a copy of a letter which I have received from Mr.
Justice Shippard, the British Commissioner on the Angra Pequena and West Coast
Claims Joint Commission, submitting to Her Majesty's Government his report upon
all matters investigated by the Commission.
I have, &c.,
(Signed) HERCULES ROBINSON,
Colonel the Right Hon. Frederick A. Stanley, M.P.,
High Commissioner.
&c.
&c.
&c.
C 2
† No. 25.
20
Enclosure in No. 27.
BRITISH COMMISSIONER, West Coast Claims, to His Excellency the HIGH COMMISSIONER.
SIR,
Cape Town, September 16, 1885.
I HAVE the honour to transmit herewith in duplicate, and beg to submit to Her
Majesty's Government, through your Excellency, my report upon all matters investi-
gated by the Angra Pequena and West Coast Claims Joint Commission, specifying the
points upon which I have come to an agreement with my German colleague, and the
points on which we do not agree, together with my reasons for the conclusions at which
I have arrived. With the greatest respect,
His Excellency the Right Hon. Sir Hercules Robinson, G.C.M.G.,
&c.
&c.
&c.
The Hon. Mr. Justice
I have, &c.
(Signed) S. G. A. SHIPpard,
British Commissioner.
INSTRUCTIONS.
Government House, Cape Town,
March 16, 1885.
SIR,
I HAVE the honour to enclose, for your information and guidance, a copy of
a Despatch* which I have received from the Secretary of State, containing your instructions
as British Commissioner on the Joint Commission appointed to investigate the claims of
British and German subjects on the West Coast.
You should read these instructions to your colleague, Dr. Bieber.
I have, &c.
(Signed)
S. G. A. Shippard, M.A., D.C.L.,
Cape Town.
HERCULES ROBINSON,
High Commissioner.
Government House, Cape Town,
April 24, 1885.
SIR,
WITH reference to my letter of the 16th March, I have the honour to
enclose, for your information and guidance, a copy of a Despatch† which I have received
from the Secretary of State, directing that the terms used by Prince Bismarck in his
instructions to Dr. Bieber shall mutatis mutandis be applicable to you.
I have, &c.
(Signed) HERCULES ROBINSON,
High Commissiouer.
The Hon. Mr. Justice
S. G. A. Shippard, M.A., D.C.L.,
British Commissioner, West Coast Claims.
[The English translation of Prince Bismarck's instructions, enclosed as above-mentioned,
has been compared by the German Commissioner with the original in his possession, and
found to be inexact. The following translation has been carefully revised and may
be regarded as correct.]
(Translation.)
PRINCE BISMARCK to HERR BIEBER.
Berlin, 11th March 1885.
THE Scope of the inquiry of the Joint Commission, on which you had been
designated to the British Government as our Commissioner, was specified in my Despatch
of the 19th October last in accordance with the state of the negotiations between the two
Governments at that time.
A difference of opinion which subsequently arose with respect to the islands off
the coast of Angra Pequena has been settled in the course of last month.
By a Despatch from Lord Derby, dated the 17th ultimo, his Excellency Sir Hercules
Robinson has been requested to communicate instructions to your British colleague,
Mr. Shippard, and the last obstacle to the commencement of the negotiations has been
removed by Mr. De Pass' renunciation (brought to my knowledge on the 22nd ultimo),
* No. 6.
† No. 14.
21
of his demand to appear in person before the Commission. You will therefore enter ou
the same as soon as Mr. Shippard is ready to do so, and the following instructions will
serve for your guidance.
On the one side our protectorate between the mouth of the Orange River and Cape
Frio, with the exception of Walfisch Bay and the small surrounding territory, the
boundaries of which are laid down on the English Admiralty Chart and in the Annexation
Act of the 22nd July 1884, and on the other side, the British Sovereignty over the
Islands named in the letters patent of the 27th February 1867 are to be beyond
discussion.
It will be the duty of the Commission to examine the claims to private property and
concessions which subjects of the one power allege they had acquired in the territory of
the other before the German protectorate was proclaimed, and to give their opinion on
such claims.
An important clement in this inquiry will be the investigation of the claims put forward
by British subjects on the ground of the lease granted by Sir P. Wodehouse in 1869 with
respect to the islands, rocks, and reefs not named in the letters patent of the 27th
February 1867.
You will make arrangement with your British colleague as to the mode of your joint
procedure; and if Sir Hercules Robinson causes a notice to be published warning British
subjects to file their respective claims with the Commission, you will publish a corres-
ponding notice to German subjects in a suitable Cape Town paper, and also in the
German Official Gazette.
The expenses incurred for clerical assistance and for the eventual aid of interpreters
will be borne in equal shares by the two Governments.
If it should be necessary for you to repair to the spot, either an English or a German
man-of-war will, if possible, be placed at your disposal.
You will report from time to time on the progress of the negotiations.
(Signed)
The Imperial Consul-General Herr Bieber,
Cape Town.
VON BISMARCK.
REPORT OF THE BRITISH COMMISSIONER.
EXTRACT.
I HAVE the honour to recapitulate the points upon which I have come to an agreement
with my German colleague, and the points on which we do not agree, as follows:-
A.- HENRY CHAPMAN.
The Commissioners have agreed that they cannot entertain the claim of Mr. Henry
Chapman to the "Matchless Mines" near Rehoboth, beyond the limit of the German
protectorate, inasmuch as such claim is beyond the scope of the inquiry of the Joint
Commission.
C.-HENRY WILLIAM CARRINGTON WILMER, GEORGE EVENSEN, FREDERICK CHARLES DEARY.
The Commissioners have agreed to admit the claims of Messrs. Henry William
Carrington Wilmer, George Evensen, and Frederick Charles Deary, to
(1.) Sixteen English square miles, including the Hope Mine as centre;
(2.) Sixteen English square miles, including the Naramas Mine as centre;
(3.) Sixteen English square miles, containing the Umib Nickel Mine as centre;
(4.) A general mining concession from Piet Haibib, for 31 years from the 19th August
1882, at a royalty of 10s. per ton.
D.-RHENISH MISSIONARY SOCIETY.
The Commissioners have recommended to the Government of the Cape of Good Hope
through his Excellency the High Commissioner, after survey, to grant to the Rhenish
Missionary Society:
(1.) Title to certain land at Walfisch Bay, whereon a mission church and buildings
are erected, save that the British Commissioner has called attention to the
necessity of reserving a road between the Government offices and the premises
of the Rhenish Missionary Society.
C 3
22
2.) Title to certain land at Sandfontein in the Walfisch Bay territory, with buildings
thereon, now occupied by the schoolmaster Nicodemus Davids:
(3.) The following servitudes as heretofore enjoyed, viz. :--
(a.) To cut wood for fuel on the downs near Walfisch Bay;
(b.) To draw water for cattle from the springs at Sandfontein and Wortel;
(c.) Free pasturage in the direction of Wortel and other neighbouring
pasture grounds.
E. MERTENS AND SICHEL.
The Commissioners agree in recommending similarly a grant of title in favour of
Messrs. Mertens and Sichel for a piece of reclaimed ground at Walfisch Bay, or in default
thereof another site suitable for a store.
F.-LUDWIG KOCH.
The Commissioners agree in similarly recommending a grant to Mr. Ludwig Koch of
title for a piece of land, with buildings thereon at the back of Higgs' store at Walfisch
Bay.
K.-B. PILGRAM.
The Commissioners concur in similarly recommending a grant of title for certain
property at Walfisch Bay bought from Mr. B. Pilgram by Mr. August Schmerenbeck.
G. ANDERS OHLSSON.
The Commissioners agree in declining to entertain the claims of Mr. Anders Ohlsson
within the Walfisch Bay territory, inasmuch as he is a naturalised British subject; and
they also agree in refusing to entertain the claims to property held by him under the
style or firm of A. W. Eriksson and Co., at Omaruru and Rehoboth as being beyond the
scope of their inquiry.
H.-GREAT NAMAQUA MINING COMPANY.
The Commissioners agree in rejecting the claim put forward by Mr. G. F. Carstens
for payment of 25,0007. in respect of an alleged mineral concession from the late Chief
David Christian to the Great Namaqua Mining Company in March 1855.
L.-W. WORTHINGTON JORDAN.
The Commissioners agree in declining to entertain the claim of Mr. William Worthing-
ton Jordan to land at Rehoboth as beyond the scope of the inquiry of the Joint
Commission.
The Commissioners do not agree in respect of the following claims, viz. :-
B.-ROBERT LEWIS.
The British Commissioner admits and the German Commissioner rejects the claim of
Mr. Robert Lewis to a lease of the Ebony Mine from Kamaherero, Paramount Chief of
Damaraland, for 21 years from the 21st September 1877.
G.--ANDERS OHLSSON.
With regard to Mr. Anders Ohlsson's claim to title for land used for his fishery at Sand-
wich Harbour the British Commissioner admits the same, while the German Commis-
sioner is only prepared to recommend that Mr. A. Ohlsson be not disturbed so long as
he carries on his fishery there.
I.-F. A. E. LÜDERITZ.
J.-DE PASS, SPENCE, AND Co.
1.—Islands, Islets, and Rocks.
With respect to the islands, islets, and rocks between Hollamsbird and Sinclair's
Island not annexed to the Cape Colony by the Ichaboc and Penguin Islands Act, 1874,
23
but included in the lease of the 11th January 1869, the British Commissioner holds that
the same are to all intents and purposes British territory, and that the present lessces
are in iawful possession thereof.
The German Commissioner contends that Sir Philip Wodehouse acted ultra vires in
granting a lease of the said islands, islets, and rocks, and that the same are included in the
German protectorate.
2.-Shark Island.
The British Commissioner holds that Shark Island is British and in the lawful
possession of Messrs. De Pass, Spence, and Co.
The German Commissioner contends that Shark Island is within the German protec-
torate and excluded from the lease of the 11th January 1869.
3.-Hottentot Bay.
The British Commissioner is of opinion that De Pass, Spence, and Co. have established
a valid title to their guano diggings at Hottentot Bay.
The German Commissioner denies their legal title, but admits their equitable right on
the ground of undisturbed possession for 35 years.
4.-Sandwich Harbour.
The British Commissioner holds that Messrs. De Pass, Spence, and Co. have established
their right to claim legal title for the site of their fishing establishment at Sandwich
Harbour.
The German Commissioner only recommends that they be not disturbed so long as
they carry on their said fishery.
5.~-Claims to exclusive use of the Harbour of Angra Pequena, to the shores thereof, to
the right of fishing inside the said Harbour and to the sole use of the Lagoon.
The Commissioners agree that the use of a harbour cannot be exclusive.
The British Commissioner regards the other rights claimed as merged in the ownership
of the coast land from Angra Pequena to Baker's Cove inclusive.
The German Commissioner rejects all these claims, but has no doubt that the Germen
South-West African Colonization Company will not object to Messrs. De Pass, Spence, and
Co. continuing to use the shores of the bay for the purposes of their coasting and guano
business.
6.—Grant of 1863.
The British Commissioner admits, and the German Commissioner denies, the validity of
the grant of coast land from Angra Pequena to Baker's Cove and inland to longitude 15' 50'
east given by the late Chief David Christian to Captain Benjamin Sinclair on behalf of
Messrs. De Pass, Spence, and Co. on the 21st September 1863.
7.--Deed of 1864.
The British Commissioner holds that by the grant of the 21st September 1863, ratified
by the deed of the 9th December 1864, Messrs. De Pass, Spence, and Co. have become the
owners of the coast land from the latitude of Gallovidia at the north of Angra Pequena
to Baker's Cove, and inland to longitude 15° 50' east, and that they have also acquired
the sole and exclusive right to all minerals within the territory of the late Chief David
Christian and his successor the present Chief Joseph Fredericks as well as a lease of a
mountain called Rapoenberg for 40 years from the 9th December 1864.
The German Commissioner contends that they only acquired thereby a precarious con-
cession, since withdrawn by Joseph Fredericks by virtue of his sale of the same land, &c.
to Mr. F. A. E. Lüderitz. The German Commissioner bases this contention on the use
of the word "vergunning" in a Dutch copy of the original English deed of grant of the
9th December 1864; but at the same time while denying that prescription can run in
their favour admits that Messrs. De Pass, Spence, and Co. have had undisturbed enjoy-
ment of the said tract of land for nearly 20 years.
C 4
24
8.-Claims of Captain J. Spence to 1,000l. per annum for rent of land occupied by the
German Factory at Angra Pequena, and to 89,2051, as damages for loss of guano
from Penguin Island through disturbance of birds by the Germans.
The British Commissioner admits the claim of Captain Spence to rent as consequent
on the ownership of the coast land at Angra Pequena, and accepts the calculations made
by Captain J. Spence as a fair basis for estimating damages subsequent to the German
occupation, subject to the deduction of the proceeds of all guano actually taken, and to
be taken from Penguin Island during the residue of the lease which expires in August
1895.
The German Commissioner rejects both claims as new, i.e., presented after the
5th May 1885, the date for the final filing of claims before the Joint Commission, and
also relies on an admission by Captain Spence as to his northern boundary being latitude
26° 37′ 52" south.
The German Commissioner acknowledges that there has been a falling off of yield of
guano from Penguin Island in consequence of and since the establishment of the German
Factory on the mainland opposite to Penguin Island, but denies liability because he
contends that the damage has not been caused maliciously.
The British Commissioner is of opinion that it is not necessary to prove malice in
order to establish liability under such circumstances.
S. G. A. SHIPPARD.
No. 28.
COLONIAL OFFICE to FOREIGN OFFICE.
Downing Street, October 10, 1885.
SIR,
I AM directed by Secretary Colonel Stanley, to transmit to you a volume received
through the Governor of the Cape of Good Hope, containing the proceedings and evidence
taken before the Anglo-German Commission appointed to consider claims at Angra
Pequena and elsewhere on the south-west coast of Africa.
A long covering report has also been received from the English Commissioner, which
is being put in type, and which will be communicated to you when printed, with an
expression of Colonel Stanley's views on the points raised.
The Under Secretary of State,
Foreign Office.
66
I am, &c.
(Signed)
No. 29.
The RIGHT HON. SIR HERCULES ROBINSON, G.C.M.G., to COLONEL THE Right
HON. F. A. STANLEY, M.P. (Received October 16, 1885.)
* Not printed.
Government House, Cape Town,
September 24, 1885.
SIR,
I HAVE the honour to forward copy of an extract from a letter addressed to me
by the British and German Commissioners on West Coast Claims, pointing out that the
limits of the Walfisch Bay territory were incorrectly described in the Proclamation of
Staff-Commander Dyer of the 12th March 1878, and that the erroneous description has
been repeated in the Letters Patent of the 14th December 1878, in the Walfisch Bay
Annexation Act of 1884, and in my Proclamation of the 7th August 1884.
2. Having forwarded this letter to Ministers, they suggested that I should issue a
fresh Proclamation giving the correct description of the limits of the territory, but, as
I doubted whether it was legally competent for me to adopt this course, I consulted
Judge Shippard, whose opinion, which is adverse to the suggestion, is enclosed.
3. The mistake has arisen through Commander Dyer calling the hill near the centre
of the eastern boundary Rooibank," whereas the real name of it is "Rooikop."
"Rooibank" and "Scheppmansdorf" are two names for the same place, which is a
R. H. MEADE.
† No. 27.
25
township situated on both banks of the Kuisip River. The eastern boundary line
therefore, as defined in the description of it given in Commander Dyer's Proclamation,
would run in a straight line from Scheppmansdorf to the Swakop river, instead of, as
intended by Commander Dyer, round by Rooikop (miscalled Rooibank), as shown in
Imray's chart of the West Coast, a tracing of which is annexed.
4. It will thus be seen that there is no difference of opinion between the British and
German Commissioners as to the real castern boundary of the Walfisch Bay territory,
but that it has been incorrectly described in the various documents defining it. I shall
be glad, therefore, to be informed whether it would be competent for me to amend by
Proclamation the error in the description, substituting "Rooikop " for "Rooibank," or
whether amended Letters Patent and a fresh Colonial Annexation Act will be necessary,
as suggested by Judge Shippard.
5. It would be well, however, before issuing any new Proclamation or Letters Patent,
to wait the completion of the survey of the boundaries of Walfisch Bay territory, now
being made by the Colonial Government, as it would be desirable that the limits of
the plâteau between Scheppmansdorf and Rooikop, which is included in the territory,
should be precisely defined.
I have, &c.
(Signed)
Colonel the Right Hon. Frederick A. Stanley, M.P.,
&c.
&c.
&c.
Enclosure 1 in No. 29.
EXTRACT from joint letter from British and German Commissioners, West Coast
Claims, to High Commissioner.
Chambers of the Legislative Council,
August 14, 1885.
*
*
*
*
With reference to the boundaries of the Walfisch Bay territory, and the claims of
certain German subjects therein, we have the honour to bring to your Excellency's
notice the following points for the information of the Colonial Government:
1. The limits of the Walfisch Bay territory defined in the Proclamation of Staff Com-
mander R. C. Dyer of the 12th March 1878, in the Letters Patent of the 14th December
1878, in the Walfisch Bay and St. John's River Territories Annexation Act, 1884, and
in your Excellency's Proclamation of the 7th August 1884, should be corrected as
follows, viz.:-
*
HERCULES ROBINSON,
High Commissioner.
Scheppmansdorp should be described as Scheppmansdorf, or Rooibank; and what is
called the "Rooibank" should be " Rooikop." The Admiralty charts should also be
corrected accordingly.
The eastern boundary indicated on Dr. Theophilus Hahn's map, published in 1879,
and copied in Juta's map of 1885, is incorrect.
*
His Excellency,
The Right Hon. Sir Hercules Robinson, G.C.M.G.,
&c.
&c.
&c.
We have, &c.
(Signed) S. G. A. SHIPPARD,
D
British Commissioner.
BIEBER,
German Commissioner.
Enclosure 2 in No. 29.
OPINION by JUDGE SHIPPARD.
Walfisch Bay Territory.
Proposed Amendment of Description of Boundaries.
Cape Town, September 11, 1885.
I AM of opinion that it is not legally competent for his Excellency the Governor to
amend by proclamation the errors in the description of the boundaries of the Walfisch
Bay territory.
U 50462.
26
The errors to which attention was called in the letter of the Commissioners for the
Angra Pequena and West Coast Claims dated the 14th August 1885 are due to the
original misdescription in the Proclamation issued by Staff Commander Richard C. Dyer
on the 12th March 1878, and are repeated in the Letters Patent of the 14th December
1878, authorising the annexation of the Walfisch Bay territory to the Cape Colony, as
also in the Proclamation No. 184 of 1884, and in the Walfisch Bay and St. John's Rive
Territories Annexation Act (No. 35), 1884.
The Act is very carelessly drawn, to say nothing of its mixing up two distinct sub-
jects. In the preamble, in the fifth line from the top, the words "on the east by a line
from Scheppmansdorf" are omitted before the words "to the Rooibank," so that
the preamble is nonsense as it stands, and does not agree with the enacting clause.
This Act should be repealed as soon as possible, and two Acts should be passed
dealing separately with the Walfisch Bay territory, and the St. John's River territory
respectively, and it would be worth while to draw the new Acts correctly. Meanwhile
his Excellency the Governor would, in my opinion, be acting ultra vires were he to
attempt to correct the errors by Proclamation.
Moreover, the Letters Patent authorising the annexation are inaccurate through no
fault of those who prepared them.
I would beg to suggest that the attention of Her Majesty's Government should be
called to the expediency of issuing amended Letters Patent before Parliament meets
here.
Before any alteration of charts is proposed to the Admiralty, I would beg to suggest
the advisability of awaiting the completion of the plan which Mr. Wrey will probably be
soon able to furnish, as I understand he has already made good progress with his survey
of the boundaries.
(Signed)
S. G. A. SHIPPARD.
No. 30.
COLONIAL OFFICE to FOREIGN OFFICE.
Downing Street, October 22, 1885.
SIR,
I AM directed by Secretary Colonel Stanley to transmit to you, to be laid before
the Marquis of Salisbury, a copy of a Despatch from the Governor of the Cape of
Good Hope reporting that the Anglo-German Commission has by a joint letter called
his attention to the fact that the boundaries of Walfisch Bay are misdescribed in
Commander Dyer's original proclamation of annexation, Her Majesty's Letters Patent
of 1878, and the Cape Annexation Act of 1884.
It will be noticed that a survey of the boundaries was in progress, and Colonel Stanley
has requested that the surveyor's description of the boundaries may be forwarded as soon
as possible for the use of Her Majesty's Government. When this is received he would
suggest that fresh Letters Patent should be issued, giving the full and exact description
as supplied by the surveyor, and that it might be intimated to the German Government
before the Letters Patent are issued that such is the exact description of the limits of
our territory.
Colonel Stanley would be glad to know if this proposed course meets with Lord
Salisbury's approval.
The Under Secretary of State,
Foreign Office.
I am, &c.
(Signed)
* No. 29.
JOHN BRAMSTON.
No. 31.
COLONEL THE RIGHT HON. F. A. STANLEY, M.P., to the RIGHT HON. SIR HERCULES
ROBINSON, G.C.M.G.
Downing Street, October 24, 1885.
SIR,
I HAVE the honour to acknowledge the receipt of your Despatch of the 24th
of September * relative to the misdescription of the boundaries of Walfisch Bay in the
27
original proclamation of annexation and subsequent instruments, and I have to request
that you will furnish me, as soon as may be possible, with a full and exact description of
the boundaries as ascertained by the surveyor who you report to be engaged in surveying
the territory. I will take a further opportunity of acquainting you with the manner in
which Her Majesty's Government may decide to settle the difficulty which has arisen.
I have, &c.
(Signed)
Sir Hercules Robinson.
FRED. STANLEY.
No. 32.
FOREIGN OFFICE to COLONIAL OFFICE.
Foreign Office, November 2, 1885.
SIR,
I AM directed by the Marquis of Salisbury to request that you will inform the
Secretary of State for the Colonies that his Lordship concurs in the course which, as stated
in your letter of the 22nd ultimo,* Colonel Stanley proposes to take relative to the
certification of the boundaries of British territory at Walfisch Bay, as stated in your
letter.
The Under Secretary of State,
Colonial Office.
SIR,
No. 33.
THE ABORIGINES PROTECTION SOCIETY to COLONIAL OFFICE.
Aborigines' Protection Society, 6 Room, Broadway Chambers,
4, Broadway, Westminster, S.W., January 5, 1886.
On behalf of the Committee I have the honour to inform you that Kama Heroero,
Paramount Chief of the Damaras, has written a letter to the Society. Although it is
dated August 29th its transmission was long delayed, and therefore we decided that
before troubling you on the subject we would wait for later information as to the
events that were taking place in Damaraland.
I am, &c.
(Signed)
The Chief complains that although the Damaras gave their country to the British in
1876, and again in 1884, the Germans threaten to seize it, and to bring war and destruc-
tion upon the natives. In the name of his people he repudiates any wish to come under
German rule, and asks the British Government to fulfil the promise made to the
Damaras by Mr. Palgrave when he resided as British Agent at Okohandja.
Since the receipt of his letter we have received information to the effect that on
October 21st the Germans proclaimed a protectorate over Damaraland in the presence of
Kama Heroerɔ. Under ordinary circumstances it would be natural to infer that he was
a party to the establishment of German authority in his country; but his friends enter-
tain the gravest doubts as to whether he acted as a free agent in the matter. They
point in particular to the fact that his submission was preceded by a fight between the
Damaras and the Namaquas in which the former were defeated, and they express their
belief that the battle, with its results, formed part of a scheme for forcing the Chief to
comply with the German demands.
The Right Hon. Colonel Stanley, M.P.,
&c.
&c.
&c.
The Committee venture to think that if Her Majesty's Government would direct
Prince Bismarck's attention to these statements, his Highness would decline to ratify
Dr. Goering's acts until he has received authentic intelligence as to the wishes of the
Chief and his people. We learn that a vessel from Walwich Bay is due at Cape Town
on January 6th, and we hope that she will bring such information as will enable you, Sir,
to form a definite judgment upon the subject.
* No. 30.
T. V. LISTER.
I have, &c.
(Signed)
F. W. CHESSON,
Secretary.
D 2
28
No. 34.
THE AGENT-GENERAL FOR THE CAPE COLONY to COLONIAL
OFFICE.
SIR,
WITH reference to the conversation which I had the honour of having with you
yesterday on the subject of the news contained in a Reuter's telegram published in the
morning papers respecting the so-called Republic of Upingtonia, and with reference to a
further Reuter's telegram in relation to the matter which appeared this morning, I have
the honour to forward herewith, for the information of Her Majesty's Government, a
copy of a telegram which I yesterday addressed to the Colonial Government on the
subject, together with a copy of the telegram in reply, which I received this morning.
I have, &c.
7, Albert Mansions, Victoria Street, London, S. W.,
January 7, 1886.
To the Under Secretary of State for the Colonies.
(Signed) CHARLES MILLS,
Agent-General for the Cape of Good Hope.
Enclosure 1 in No. 34.
From AGENT-GENERAL, London, to PREMIER, Cape Town.
"Excitement Reuter's cable Upingtonia Republic. Wire facts."
Enclosure 2 in No. 34.
From PREMIER, Cape Town, to AGENT-GENERAL, London.
The Under Secretary of State,
Foreign Office.
January 7, 1886.
"Your sixth. Jordan trader alleges purchase part Ovampoland from Chief. Has
resold in farms to Europeans who without authority have named district Upingtonia,
and established some sort Council. Cape Government never heard of transaction till
newspapers had obtained information and have no connexion with matter. They are
studiously avoiding all interference north of Orange River as requested by Imperial
Government."
No. 35.
COLONIAL OFFICE to FOREIGN OFFICE.
January 6, 1886.
Downing Street, January 12, 1886.
SIR,
I AM directed by Secretary Colonel Stanley to transmit to you, to be laid before
the Marquis of Salisbury, a copy of a letter from the Agent-General for the Cape
Colony, relating to the rumoured establishment of an independent republic in Ovambo-
land, north of the Orange River.
* No. 34.
I am, &c.
(Signed)
JOHN BRAMSTON
No. 36.
COLONIAL OFFICE to FOREIGN OFFICE.
Downing Street, January 12, 1886.
SIR,
I AM directed by Secretary Colonel Stanley to transmit to you, to be laid before
the Marquis of Salisbury, copy of a communication from the Aborigines Protection
Society respecting the recent action of the Germans in Damaraland.
† No. 33.
29
Colonel Stanley apprehends that, having regard to the declarations made by Her
Majesty's Government as to their abandonment of all claims or interests in
Damaraland, they could not interfere in the matters referred to in these papers without
incurring the risk of a serious misunderstanding with the German Government.
I am, however, to request you to call Lord Salisbury's attention to the telegram from
Berlin, which appeared in the "Times" of the 8th instant, reporting the arrival in that
city of Herr Dr. Buttner with treaties of protection concluded between the German
Empire and a number of Chiefs whose territories lie to the cast of the German protec-
torate between Cape Frio and the Orange River.
It is stated that by these treaties the whole of the south-west of Africa, between
Cape Frio and the Orange River, to an inland distance of 22° East longitude, has been
placed under the protection of Germany.
I am to suggest that Her Majesty's Ambassador at Berlin should be directed to
ascertain whether the above telegram is not in error in stating that the German Protec-
torate will extend to the 22nd degree of East longitude, as the Government of the Cape
Colony and the German Government have already been informed that the British
protectorate over Bechuanaland, &c., extends westward as far as the 20th degree of
East longitude and northward to the 22nd parallel of South latitude; south of which
parallel no less than seven degrees of the territory_mentioned in the telegram appear to lie.
I am, &c.
(Signed) ROBERT G. W. HERBERT.
"C
The Under Secretary of State,
Foreign Office.
Downing Street, January 13, 1886.
SIR,
I HAVE received from Mr. W. Lawson Kingon, of Cape Town, a letter calling my
attention to the fact of a German protectorate having been proclaimed over Damaraland,
and urging the interference of Her Majesty's Government to prevent its confirmation by
the German Government.
(6
I have to request you to inform Mr. Kingon that I have received his letter, and to
make known to him the decision contained in my predecessor's Despatch of
23rd May last, which has been already communicated to Kamaherero and the other
Chiefs of the country, that "Her Majesty's Government have agreed to limit the Queen's
authority to the country eastward of the 20th degree of east longitude, and that if the
authority of the German Government should be extended inland up to that line, Her
Majesty's Government will not do anything to interfere with such extension."
Sir Hercules Robinson.
(Signed)
66
No. 37.
COLONEL THE RIGHT HON F. A. STANLEY, M.P., to the RIGHT HON.
SIR HERCULES ROBINSON, G.C.M.G.
* Not printed.
I have, &c.
No. 38.
COLONIAL OFFICE to the ABORIGINES PROTECTION SOCIETY.
Downing Street, January 14, 1886.
SIR,
I AM directed by Secretary Colonel Stanley to acknowledge the receipt of your
letter of the 5th instant, relative to a communication from the Damara Chief Kama-
herero, complaining of the proceedings of the Germans, and requesting the protection of
Her Majesty's Government.
I am to state in reply that your letter has been referred to the Foreign Office, but that
as Her Majesty's Government have recognised the German Protectorate on the coast of
Namaqualand and Damaraland, and as they have also intimated to that Government
FRED. STANLEY.
† No. 33.
<
D 3
30
that they would not object to the extension inland of the German Protectorate as far as
the 20th degree of East Longitude, it does not appear to Colonel Stanley to be possible
for Her Majesty's Government to interfere in any way with the extension of German
authority within this limit.
I am, &c.
(Signed)
The Secretary to the Aborigines Protection Society.
No. 39.
The RIGHT HON. SIR HERCULES ROBINSON, G.C.M.G., to COLONEL THE RIGHT
HON. F. A. STANLEY, M.P. (Received January 15, 1886.)
ROBERT G. W. HERBERT,
Government House, Cape Town, December 23, 1885.
SIR,
I HAVE the honour to enclose, for your information, copy of a letter which I
have received from a Mr. R. Lewis who professes to write on behalf of the Damara
Chief Kamaherero.
I enclose also copies of the reply sent to Mr. Lewis.
I have, &c.
(Signed)
Colonel the Right Hon. F. A. Stanley, M.P.,
&c.
&c.
&c.
His Excellency the High Commissioner,
Cape Town.
HERCULES ROBINSON,
High Commissioner.
Enclosure 1 in No. 39.
Mr. R. LEWIS to HIGH COMMISSIONER.
Okahandja, Damaraland, September 10, 1885.
SIR,
I AM desired by the Chief, under Chiefs, and people of Damaraland to seek your
aid in the withdrawal of one W. W. Jordan who is going about buying certain tracts of
country belonging to me, so causing differences which would not otherwise arise. For
instance he has purchased Raipoort from the Hottentots to whom it certainly does not
belong. He has further bought at Ondonga from an Ovampo minor Chief, certain land
on my northern territory, including Otavie. He is buying from whom he can, whether
they have the power or right to sell or not. This to him seems to be outside the question
altogether. I would here further state that we do not acknowledge any such purchases.
His last scandalous transaction will, together with his previous doings, cause him to lose
his life. It is thus: He, Jordan, visited an Ovampo Chief. He asked the Chief to take
brandy, which he did, and within one hour of his having taken it he died, having, the
natives say, and strongly assert, been poisoned. It does seem strange that directly the
Chief left him, he, Jordan, started off as hard as he could ride; the people followed him for
a long distance but could not overtake; they however in revenge murdered two or three
Romish priests, and one woman, the wife of Sabatta. He, Sabatta, rode away firing
upon the people, and so saved his life. They declare they will kill Jordan if they can
lay hands upon him. Now the Damaras are so enraged against him for his past doings
that the Chief will not hold himself responsible for what the people may do to him, so
that he trusts the Government will take some action in the matter and so prevent them
from committing themselves.
Jordan has had warning what will be the consequences to himself should he be
caught. The white population second the Chief in thus advising you of Jordan's actions
as they know that the Damaras do not wish to compromise themselves with any power.
What they want is to live in peace and not be subjected to the annoyances of evil
disposed people.
I am, &c.
(Signed)
R. LEWIS.
31
Enclosure 2 in No. 39.
IMPERIAL SECRETARY to Mr. R. LEWIS.
SIR,
Government House, Cape Town, December 23, 1885.
I AM directed by his Excellency the High Commissioner to acknowledge the
receipt of your letter of the 10th September last, complaining on behalf of the Chiefs and
people of Damaraland of the conduct of Mr. W. W. Jordaan, and asking for his
withdrawal.
Mr. R. Lewis,
In reply, I am directed to say that Her Majesty's Government does not exercise any
authority westward of the 20th meridian of east longitude, and that your complaint had
better be addressed to the German Commissioner for the West Coast.
(Signed)
Okahandja, DamatuÏand.
No. 40.
COLONEL THE RIGHT HON. F. A. STANLEY, M.P., to the RIGHT HON.
SIR HERCULES ROBINSON, G.C.M.G.
SIR,
Downing Street, January 21, 1886.
*
I HAVE the honour to acknowledge the receipt of your Despatch of the 23rd
of December, forwarding copy of a letter addressed to you by Mr. R. Lewis on behalf
of the Damara Chief Kamaherero and of the reply which you had caused to be returned
to him.
I have to express my approval of your action in this matter.
Sir Hercules Robinson.
I have, &c.
The Under Secretary of State,
Colonial Office.
GRAHAM BOWer,
Imperial Secretary.
(Signed)
Enclosure in No. 11.
I have, &c.
No. 41.
FOREIGN OFFICE to COLONIAL OFFICE.
Foreign Office, January 26, 1886.
SIR,
I AM directed by the Marquis of Salisbury to acknowledge the receipt of your
letter of the 12th instant,t on the subject of the recent action of the Germans in
Damaraland.
I am to inform you, in reply, that his Lordship concurs in the views expressed by the
Secretary of State for the Colonies, that Her Majesty's Government cannot interfere in
the face of the understanding with Germany. Lord Salisbury has, however, sent in-
structions to Her Majesty's representative at Berlin, in the Despatch of which a copy is
enclosed, to call the attention of the German Government to the telegram in the
"Times" of the 8th instant, quoted in your letter, without making a formal representa-
tion.
I am, &c.
(Signed)
FRED. STANLEY.
P. W. CURRIE.
Foreign Office, January 26, 1886
SIR,
I TRANSMIT herewith copies of correspondence between this department and the
Colonial Office, relative to the action of the Germans in Damaraland, and a telegram
which appeared in the "Times" of the 8th instant, reporting that Treaties of protection
* No. 39.
† No. 36.
D 4
32
had been concluded between the German Government and a number of native Chiefs
whose territories lie to the east of the German Protectorate, between Cape Frio and the
Orange River.
The new protectorate is stated in the telegram to extend to the 22nd degree of East
longitude. The statement as to its extent is probably erroneous, as the German
Government are aware that the British Protectorate over Bechuanaland and other
districts extends westwards as far as the 20th degree of East longitude and northwards
to the 22nd parallel of South latitude, south of which parallel no less than seven degrees
of the territory mentioned in the telegram appear to lie.
I have to request your Excellency, without making a representation on the subject, to
call Count Bismarck's attention to the statement in the "Times" telegram and to speak
in the sense of the above observations.
His Excellency Sir Edward Malet, K.C.B.,
&c.
&c.
&c.
The Under Secretary of State,
Colonial Office.
No. 42.
FOREIGN OFFICE to COLONIAL OFFICE.
Foreign Office, January 29, 1886.
SIR,
I AM directed by Her Majesty's Secretary of State for Foreign Affairs to transmit
to you, to be laid before the Secretary of State for the Colonies translation of a com-
munication which has been received from the German Ambassador at this Court,
announcing the addition of certain districts to the South-west African Protectorate of
Germany.
The Right Hon.
Enclosure in No. 42.
I am, &c.
(Signed) SALISBURY.
The Marquis of Salisbury, K.G., &c., &c.
MY LORD,
German Embassy, January 26, 1886.
In accordance with my instructions, I have the honour to inform your Excellency
that the territories which are situated eastward of the South-west African Protectorate
of the Imperial Government, and which belong to the Namaquas of Berseba and
Gibeon, to the Bastards of Rehoboth, to the Herero, and to the Red People, have, in con-
sequence of Treaties which have been concluded with the local Chiefs, been placed under
the protection of the Empire.
I am, &c.
(Signed)
P. W. CURRIE.
* Nos. 36, 41, and 42.
I have, &c.
(Signed)
HATZFELDT.
No. 43.
COLONEL THE RIGHT HON. F. A. STANLEY, M.P., to the RIGHT HON. SIR
HERCULES ROBINSON, G.C.M.G.
Downing Street, February 3, 1886.
SIR,
I HAVE the honour to transmit to you, for your information and for communication
to your Ministers, copies of correspondence* with the Foreign Office respecting the recent
extension of the German Protectorate in Namaqualand and Damaraland.
I have, &c.
(Signed)
Sir H. Robinson.
FRED. STANLEY.
No. 44.
COLONIAL OFFICE to FOREIGN OFFICE.
(Extract.)
Downing Street, February 3, 1886.
WITH reference to the letter from this Department of the 10th of October,*
enclosing copies of the proceedings of the Anglo-German Commission on English and
German claims on the South-west Coast of Africa between the Orange River and the 18th
parallel of South latitude, I am directed by Secretary Colonel Stanley to state that unfor-
tunately the English and German Commissioners have been unable to agree on several
important questions, and that at the last sitting of the Commission Dr. Bieber proposed
that the Commissioners should in a joint report express their regret at this result, and make
such suggestions as, in their opinion, would lead to and facilitate a final settlement
between the two parties. The British Commissioner felt unable to concur in these sug-
gestions, which appeared to him to be beyond the scope of his instructions; but it
appears to Colonel Stanley that, in the absence of any such report, it will scarcely be
possible to arrive at any settlement of these questions by means of correspondence, and
he would therefore suggest that the German Government should be invited to allow
the matter to be discussed between Her Majesty's Secretary of Embassy at Berlin
and Dr. Krauel, or some other representatives of the two Governments, with a view to
their making joint equitable recommendations for the consideration of their respective
Governments.
If such a course should appear necessary or convenient a gentleman from this office
would be directed to proceed to Berlin to assist in getting up the case.
33
The Under Secretary of State,
Colonial Office.
FOREIGN OFFICE to COLONIAL OFFICE.
Foreign Office, February 17, 1886.
SIR,
WITH reference to the letter from this Office of the 29th ultimo, I am directed by
the Earl of Rosebery to transmit to you herewith, for the information of the Secretary
of State for the Colonies, copy of a Despatch which has been received from Her
Majesty's Chargé d'Affaires at Berlin with regard to the recent proceedings of German
officials in Damaraland, and stating that the Times" correspondent was completely
mistaken as to the limits of the territory said to have been taken over by them.
I am, &c.
(Signed)
No. 45.
U 50462,
* No. 28.
*
Enclosure in No. 45.
MY LORD,
Berlin, February 6, 1886.
I HAVE the honour to state that, in compliance with the instructions of your
Lordship's Despatch of 26th ultimo, I took an opportunity to-day of showing
Count Bismarck the "Times" telegram reporting Dr. Büttner's arrival in Berlin, and
professing to give the limits of the territory recently acquired from the Damara Chiefs
for Germany.
His Excellency, after reading it, said that the "Times" report was clearly an incorrect
one, as the German Government had already recognised the fact of the British pro-
tectorate of Bechuanaland, extending as far west as 20° east longitude, and to the 22nd
E
T. V. LISTER.
† No. 42.
34
parallel of south latitude in the north, and they had no intention of encroaching in
any way upon that territory. He presumed that the correspondent had inserted 22°
instead of 20° by mistake, and he had also been incorrect in stating that a White Book
was being presented to the Reichstag containing the treaties with the Damara Chief.
I am, &c.
(Signed) C. S. SCOTT,
The Marquis of Salisbury, K.G.,
&c.
&c.
&c.
No. 46.
FOREIGN OFFICE to COLONIAL OFFICE.
*
Foreign Office, February 23, 1886.
WITH reference to your letter of the 12th ultimo, relating to the rumoured
establishment of an Independent Republic in Ovamboland, north of the Orange River, I
am directed by the Earl of Rosebery to transmit to you herewith, for the information of
Earl Granville, a Despatch from Her Majesty's Minister at Lisbon on that subject, and
to inquire if the Colonial Office have received any further information respecting the
State in question.
SIR,
The Under Secretary of State,
Colonial Office.
Enclosure in No. 46.
The Right Hon. the Marquis of Salisbury, K.G.
&c.
&c.
&c.
MY LORD,
Lisbon, January 28, 1886.
M. DU BOCAGE asked me yesterday whether I had any information, or could
obtain any from Her Majesty's Government, respecting a new Republican State styling
itself" Upingtonia," which he said had been lately formed in the interior of Southern
Africa to the south and east of Mossamedes, by some Boers and Englishmen. His
Excellency told me that the Portuguese Consul at the Cape had reported the establish-
ment of this Republic, which must have been very recent, as he had no previous
knowledge of its existence, and he was anxious to learn something more about it.
I promised that I would ask your Lordship for any information on the subject in the
possession of Her Majesty's Government.
Anything likely to interfere with a free expansion eastward of Portugese territory into
the heart of the South African Continent traverses a fixed purpose of Portuguese and
Colonial policy, and therefore excites vigilant attention here.
* No. 35.
I am, &c.
(Signed)
T. V. LISTER.
† No. 43.
I have, &c.
(Signed)
No. 47.
The RIGHT HON. THE EARL GRANVILLE, K.G., to the RIGHT HON. SIR
HERCULES ROBINSON, G.C.M.G.
Downing Street, March 1, 1886.
SIR,
WITH reference to my predecessor's Despatch of 3rd February, I have the
honour to transmit to you a copy of a letter from the Foreign Office enclosing one
from Her Majesty's Chargé d'Affaires at Berlin on the subject of recent German
proceedings in Damaraland.
Sir H. Robinson.
G. G. PETRE.
(Signed)
I have, &c.
‡ No. 45.
-
GRANVILLE.
35
No. 48.
FOREIGN OFFICE to COLONIAL OFFICE.
SIR,
Foreign Office, March 5, 1886
WITH reference to your letter of the 3rd ultimo,* I am directed by Her Majesty's
Secretary of State for Foreign Affairs to transmit to you, to be laid before the Secretary
of State for the Colonies, copy of a Despatch which has been addressed to Her Majesty's
Ambassador at Berlin with regard to the proposed conference on the subject of English
and German claims on the South-west Coast of Africa.
The Under Secretary of State,
Colonial Office.
His Excellency Sir E. Malet, G.C.B.
&c.
&c.
&c.
Enclosure in No. 48.
Foreign Office, March 1, 1886.
SIR,
I TRANSMIT herewith copy of a letter, with enclosures, from the Colonial Office,
relative to the failure of the Anglo-German Commissioners appointed to settle the
claims of the two countries on the South-west Coast of Africa to come to an agreement
on several important questions.
It will be seen from the accompanying letter that it is suggested by the Colonial
Office that the German Government should be asked to agree that the points of
difference should be settled at Berlin, either by a conference between Mr. Scott and
Dr. Krauel or by some other means likely to secure the same end.
I have to request your Excellency to address yourself with this view to Count
Bismarck, if you think the suggestion practicable, and to report his answer as soon as
possible. In the event of the German Government adopting the course suggested a
representative from the Colonial Office could be sent to Berlin, to assist you in the
discussions, if it were thought that his presence would be advantageous.
The Under Secretary of State,
Foreign Office.
* No. 44.
No. 49.
COLONIAL OFFICE to FOREIGN OFFICE.
I am, &c.
(Signed)
† No. 46.
T. V. LISTER.
Downing Street, March 10, 1886.
SIR,
In reply to your letter of the 23rd ultimo,† I am directed by Earl Granville to
IN
request you to inform the Earl of Rosebery that this Department is in possession of no
further information respecting the establishment of the Republic of Upingtonia in
Ovamboland beyond that which was communicated to you in the letter of the 12th
January.I
I am, however, to add that Sir H. Robinson is about very shortly to return to this
country from the Cape, and Lord Granville will then desire him to furnish any informa-
tion in his power.
I am, &c.
(Signed)
Lady
ROSEBERY.
I am, &c.
(Signed) JOHN BRAMSTON.
1 No. 35.
E 2
No. 50.
FOREIGN OFFICE to COLONIAL OFFICE.
Foreign Office, March 13, 1886.
SIR,
WITH reference to the letter from this office of the 5th instant,* I am directed by
the Earl of Rosebery to transmit herewith, for the information of the Secretary of State
for the Colonies, a copy of a Despatch from Her Majesty's Ambassador at Berlin,
reporting that he has addressed a note to Count Bismarck suggesting a meeting at Berlin
between Mr. Scott and Dr. Krauel for the discussion of the Anglo-German claims on
the south-west coast of Africa.
The Under Secretary of State,
Colonial Office.
36
The Earl of Rosebery, K.T.
&c.
&c.
&c.
Enclosure in No. 50.
MY LORD,
Berlin, March 6, 1886.
I HAVE the honour to inform your Lordship that I have this day addressed a
note to Count Bismarck in the sense of your Lordship's Despatch of the 1st
instant, inquiring whether the Imperial Government would be prepared to entertain
a suggestion that the points of difference with regard to the claims of Great Britain and
Germany on the south-west coast of Africa should now be settled by a conference at
Berlin between Dr. Krauel and Mr. Scott or some other representative of the two
Governments.
The Under Secretary of State,
Colonial Office.
I am, &c.
(Signed) T. V. LISTER.
No. 51.
FOREIGN OFFICE to COLONIAL OFFICE.
I have, &c.
(Signed)
* No. 48.
Foreign Office, March 17, 1886.
SIR,
I AM directed by the Earl of Rosebery to transmit to you herewith, to be laid
before the Secretary of State for the Colonies, a translation of a communication from the
German Ambassador at this Court, relative to a complaint on the part of the Chief of
the Red People that his territory has been encroached upon by the northern and western
boundary lines of the British Protectorate of Bechuanaland.
I am to request you, in calling the attention of Lord Granville to the accompanying
communication, to move his Lordship to cause Lord Rosebery to be favoured with any
observations he may desire to make on the subject.
I am, &c.
(Signed)
E. B. MALET.
T. V. LISTER.
Enclosure in No. 51.
TRANSLATION.
THE Chief Manasse Noreseb of Hoachanas, Captain of the Red People, has
addressed the Imperial Government with the complaint that the western and northern
boundary, 20° E. long, and 22° N. lat., fixed by the English Government for its pro-
tected district in Bechuanaland, cuts off to the extent of about 600 German square
miles a portion of the lands and hunting grounds belonging to the Red People. The
bushmen subject to him had lived from time immemorial to a point far east of Nosob.
He places his boundary in the east as reaching from the Chamob River to the Nyami,
37
which
seems to agree with the boundary which separates the territories of the
Hottentots from those of Betschuana.
The Imperial Government, owing to the distance, is not in a position to judge of the
justness of these claims within the British Protectorate which it has recognised. It would,
however, regret if in consequence simply of a boundary drawn according to latitude and
longitude the Red People should be deprived of lands which have belonged to them for a
long time.
No. 52.
FOREIGN OFFICE to COLONIAL OFFICE,
SIR,
Foreign Office, March 19, 1886.
WITH reference to the letter from this Department of the 5th instant,* I a:n
directed by the Earl of Rosebery to transmit to you herewith a copy of a Despatch
received from Sir E. Malet, Her Majesty's Ambassador at Berlin, forwarding a transla-
tion of a Note that his Excellency has received from Count Bismarck stating that the
Imperial Government agree to a conference being held at Berlin between Doctor Krauel
and Mr. Scott for the purpose of a fresh examination into the unsettled claims of British
subjects in the districts of South West Africa under the German Protectorate.
I am to request that, in laying this letter before Her Majesty's Secretary of State for the
Colonies, you will move his Lordship to be good enough to cause Lord Rosebery to be
informed what steps the Colonial Office propose to take upon this intimation made by
the Imperial Government.
The Under Secretary of State,
Colonial Office.
The Earl of Rosebery, K.T.,
&c.
&c.
&c.
Enclosure in No. 52.
MY LORD,
Berlin, March 9, 1886.
WITH reference to my Despatch of the 6th instant, I have the honour to transmit
to your Lordship herewith copy and translation of a Note which I have received from
Count Bismarck, stating that the Imperial Government agree to a conference being
held at Berlin between Dr. Krauel and Mr. Scott for the purpose of a fresh examination
into the unsettled claims of British subjects in the districts of South West Africa
under the German Protectorate.
I am, &c.
(Signed)
* No. 48.
T. V. LISTER.
I have, &c.
(Signed)
Berlin, March 8, 1886.
THE undersigned has the honour, in reply to Sir Edward Malet's Note of the 6th inst.,
to state that the Imperial Government agrees to the proposal for a new examination into
the claims of British subjects in the German Protectorate of South West Africa which
still remain unsettled.
EDWARD B. MALET.
Privy Councillor Dr. Krauel has been instructed, with this object, to put himself into
communication with Mr. Scott, the Commissioner designated by the Government of
Great Britain.
The undersigned, &c.
(Signed) H. BISMARCK.
E 3
38
No. 53.
COLONIAL OFFICE to FOREIGN OFFICE.
SIR,
Downing Street, March 26, 1886.
I AM directed by Earl Granville to acknowledge the receipt of your letter of the
17th inst.,* enclosing a translation of a communication from the German Ambassador
respecting the alleged encroachment upon the territory of the "Red People" by the
northern and western boundary lines of the Bechuanaland Protectorate.
2. I am to inform you that Earl Granville has no accurate information at present
as to the extent of the territories of the " Red People," but that he has referred the
matter to the Officer Administering the Government of the Cape of Good Hope for any
details he may be able to supply.
The Under Secretary of State,
Foreign Office.
No. 54.
The RIGHT HON. THE EARL GRANVILLE, K.G., to LIEUT.-GENERAL
H. D'O. TORRENS, C.B.
The Officer Administering the Government
of the Cape of Good Hope.
I am, &c.
(Signed)
Downing Street, March 27, 1886.
SIR,
I TRANSMIT to you copy of a letter from the Foreign Office, enclosing a
translation of a communication from the German Ambassador at this Court, respecting
the alleged encroachments upon the territory of the "Red People" by the northern
and western boundary lines of the Bechuanaland Protectorate.
2. I shall be glad to receive any information which may be in the possession of your
Government as to the extent of the territories of the "Red People."
I am, &c.
* No. 51.
R. H. MEADE.
(Signed)
† No. 52.
No. 55.
COLONIAL OFFICE to FOREIGN OFFICE.
GRANVILLE.
(Extract.)
Downing Street, March 27, 1886.
1 AM directed by Earl Granville to acknowledge receipt of your letter of 19th
instant, reporting the acceptance by the German Government of the proposal for
a conference at Berlin between Mr. Scott and Dr. Krauel with a view to the settlement
of the claims of British subjects in the districts of South-west Africa which have been
brought under the German Protectorate, and asking what steps this Department
proposed to take in consequence.
In reply I am to state that Earl Granville concurs in the proposal made by his
predecessor in the letter from this Department of the 3rd ultimo, in which it was
stated that if such a course should appear necessary or convenient a gentleman from
this office would be directed to proceed to Berlin to assist in getting up the case, and I
am to acquaint you that Lord Granville will be prepared to give effect to this proposal
upon learning that it is the wish of Her Majesty's Ambassador that some one should be
sent over to assist Mr. Scott, and upon being informed of the time at which it is desirable
that the gentleman selected should be at Berlin.
† No. 44.
39
No. 56.
FOREIGN OFFICE to COLONIAL OFFICE.
(Extract.)
Foreign Office, March 31, 1886.
In reply to your letter of the 27th instant,* I am directed by the Earl of
Rosebery to state to you, for the information of the Secretary of State for the Colonies,
that he has inquired of Her Majesty's Ambassador at Berlin whether he considers the
presence of a gentleman from the Colonial Office desirable at Berlin to assist Mr. Scott
in getting up the case of the claims of British subjects in the districts of South-west
Africa under the German Protectorate, and if so, when he should be there.
No. 57.
MESSRS. DE PASS & CO. to COLONIAL OFFICE.
MY LORD,
128, Leadenhall Street, London, May 7, 18S6.
We should be happy to hear if any progress has been made in the Angra Pequena
and coast claims, as we have not been favoured with any communication of late.
We are, &c.
(Signed) DANIEL DE PASS & CO.
To the Secretary of State for
the Colonies.
No. 58.
FOREIGN OFFICE to COLONIAL OFFICE.
Foreign Office, May 13, 1886.
SIR,
WITH reference to your letter of the 10th of March† I am directed by the Earl
of Rosebery to inquire whether any information has yet been obtained from Sir H.
Robinson respecting the establishment of the Republic of Upingtonia in Ovamboland.
The Portuguese Minister, hearing that Sir H. Robinson has arrived, has renewed his
inquiries on the subject.
The Under Secretary of State,
Colonial Office.
The Under Secretary of State,
Colonial Office.
No. 59.
FOREIGN OFFICE to COLONIAL OFFICE.
The Earl of Rosebery,
&c.
&c.
Foreign Office, May 21, 1886.
SIR,
I AM directed by the Secretary of State for Foreign Affairs to transmit to you, to
be laid before Earl Granville, a Despatch which has been received from Her Majesty's
Ambassador at Berlin, enclosing copies of Treaties which have been concluded between
Germany and various Chiefs of Harara and Damaraland.
* No. 55.
Enclosure in No. 59.
A d
- mytlig ng ma
I am, &c.
(Signed)
MY LORD,
Berlin, May 1, 1886.
I HAVE the honour to transmit to your Lordship herewith copies and translations
of Treaties of Protection and Friendship concluded last year between Germany and
various Chiefs of Harara and Damaraland, which were laid before the Reichstag on
the 7th ultimo.
T. V. LISTER.
I am, &c.
(Signed) T. V. LISTER.
† No. 49.
I have, &c.
(Signed)
E. B. MALET.
E 4
40
I.
TREATY OF PROTECTION and FRIENDSHIP between the GERMAN EMPIRE and MANASSE at
Hoachanas.
His Majesty the German Emperor, King of Prussia, William I., in the name of the
German Empire on the one side, and the Independent Chief of the Red Nation in Great
Namaqualand, Captain Manasse of Hoachanas on behalf of himself and his successors
on the other side, wish to conclude a treaty of friendship and protection.
With this end in view the Plenipotentiary of His Majesty the German Emperor, the
Missionary C. G. Büttner, has agreed with Captain Manasse and his Councillors on the
following points:-
1. Captain Manasse prays His Majesty the German Emperor to take over his land
anl people into his protection. His Majesty the German Emperor accepts the prayer,
and assures to the Captain his high protection. As outward sign of this protection, the
German flag is boisted.
2. His Majesty the German Emperor pledges himself to leave in force those treaties
which other nations or their subjects have previously contracted with the Chiefs of the
Red People, and not to prejudice the Captain's authority either in the levying of such
taxes as the laws and customs of his land admit, or in the exercise of justice over his
subjects.
3. The Captain of the Red People pledges himself not to make over his land or
portions of it to another nation, or subjects of another nation, without the consent of
His Majesty the German Emperor, nor to contract treaties with other governments
without his sanction.
4. The Captain promises to protect the lives and property of all German subjects or
protected subjects. He grants them the right and freedom to travel, occupy, buy, and
sell as far as his territory extends.
On the other hand German subjects and protected subjects are to respect the laws
and customs of the country, to do nothing contrary to the laws of their own country,
and to pay those taxes and duties which have been hitherto levied or which the
Captain and the German Empire may hereafter agree on. The Captain engages
himself to grant to no other nation more extensive rights or favours than to German
subjects.
5. All disputes, civil and criminal, between white folk are to be arranged by those
authorities which the German Emperor shall empower thereto.
In what manuer
disputes between German subjects or other white folk and the natives are to be
arranged, and how the guilty parties are to be punished, shall be arranged hereafter
by agreement between the German Government and the Captain of the Red Nation.
6. The Captain pledges itself to co-operate as far as lies in his power in maintaining
peace in Great Namaqualand and the neighbouring kingdoms; and should he himself have
a quarrel with other Chiefs of Great Namaqualand or of the neighbouring kingdoms,
he will first invite the opinion of the German Government, or seek to get the matter
arranged through the interposition of the German Government.
7. Should other matters to be determined on arise between the German Empire and
the Captain of the Red Nation, they shall be arranged later, by agreement between the
two Governments.
Hoachanas, the 2nd September 1885.
(Signed) C. G. BÜTTNER,
Plenipotentiary of His Majesty the
German Emperor.
Witnesses:
(Signed)
FRD. JUDT, Missionary.
MEESTER DANIEL DANSAB.
(Signed)
Captain MANASSE NORESEB,
ABRAHAM GAEIB,
WILLEM TSAUBub,
JAN HEIGAB.
41
II.
TREATY OF PROTECTION and FRIENDSHIP between the GERMAN EMPIRE and the BASTARDS
OF REHOBOTH.
His Majesty the German Emperor, King of Prussia, William I., in the name of the
German Empire on the one side and the independent Head Chief of the Bastards of
Rehoboth, Captain Hermanus von Wyk, on behalf of himself and his successors on the
other side, wish to conclude a treaty of friendship and protection. With this end in
view the Plenipotentiary of His Majesty the German Emperor, the missionary C. G.
Büttner, has agreed with Captain Hermanus van Wyk and his Councillors on the
following points.
1. Captain Hermanus van Wyk prays His Majesty the German Emperor to take over
his country and people into his protection. His Majesty the German Emperor accepts
his petition, and assures to the Captain his high protection. As outward sign of this
protection, the German flag is hoisted.
2. His Majesty the German Emperor recognises the rights and liberty which the
Bastards of Rehoboth have obtained, and pledges himself to leave in force those treaties
which other nations or their subjects have previously contracted with them, and in
equal manner not to prejudice the Captain's authority in collecting the revenues due to
him according to the laws and customs of his country.
3. The Captain of the Bastards of Rehoboth pledges himself not to make over his
country or parts of it to another nation, or the subjects of another nation, without the
consent of His Majesty the German Emperor, nor to contract treaties with other
governments without his sanction.
4. The Captain promises to protect the lives and property of all German subjects or
protected subjects. He grants them the right and freedom to travel, dwell in, work,
buy, and sell, as far as his territory extends. Yet the citizens of Rehoboth reserve to
themselves the liberty of fixing in each case the conditions under which strangers are
allowed to remain in their territory.
On the other hand German subjects and protected subjects are to respect the laws.
and customs of the country, to do nothing contrary to the laws of their own country,
and to pay those taxes and duties to the Captain which have been hitherto customary
or on which the Captain and the German Empire may hereafter agree. The Captain
pledges himself to give to no other nation more extensive rights or favours than to
German subjects.
5. Regarding all disputes, civil and criminal, in the territory of Rehoboth, it is
determined that all differences of the citizens of Rehoboth among themselves shall be
judged by their own judges, and according to their own law that all differences
between citizens of Rehoboth and others, who are not citizens of Rehoboth shall be
judged by a mixed court, the judges for which court shall be authorised by His
Majesty the German Emperor and the Captain of Rehoboth. All disputes between
people who do not belong to the citizens of Rehoboth or to their families, as well as
all criminal cases shall be settled by those authorities whom the German Emperor shall
empower.
In all disputes, including those which concern citizens of Rehoboth, an appeal can be
made to the Court of His Majesty the German Emperor, the decision of which shall be
final.
6. The Captain pledges himself to co-operate, as far as lies in his power, in main-
taining peace in Great Namaqualand and the neighbouring kingdoms. And should he
himself have a quarrel with other Chiefs of Great Namaqualand or of the neighbouring
kingdoms, he will first invite the opinion of the German Government, or seek to get
the matter arranged through the interposition of the German Government.
7. Should other matters to be determined on arise between the German Empire and
the Captain of the Bastards of Rehoboth, they shall be arranged later, by agreement
between the two Governments.
Rehoboth, the 15th September 1885.
(Gez.) C. G. BUTTNER,
Plenipotentiary of His Majesty the
German Emperor.
As Witness :
(Signed)
U
50462.
F. HEIDMANN,
Missionary.
Drag wage woman.
F
(Signed) H. VAN WYK,
Sign of JACOB MOULTON,
(Signed)
WILLIAM KOOPMAN,
JOHN DIERGAARD,
Sign of DIRK V. WYK,
Sign of JACOBUS MOULTON,
(Signed) WILLIAM VAN DYK.
42
III.
TREATY of PROTECTION and FRIENDSHIP betwen the GERMAN EMPIRE and the IIEREROS.
His Majesty the German Emperor, King of Prussia, William I., in the namo of the
German Emperor on the one side, and Maharero Katyamucha, Head Chief of tho
Hereros in Demaraland, on behalf of himself and his successors, wish to conclude a
treaty of protection and friendship.
With this end in view the Imperial German Commissioner for South-west African
Protected Territory, Dr. Henry Ernest Goering, and Pastor Carl Gotthilf Büttner, both
authorised by His Majesty the German Emperor in good and proper form, have agreed
with the Head Chief Malarero Katyamucha to the following Articles, with the consent
of the undersigned minor Chiefs and Councillors.
}
ARTICLE 1.
The Head Chief Maharero, guided with the wish to confirm the friendly relations in
which he and his people have lived with the Germans for years, prays Ilis Majesty the
German Emperor to take over the protection of himself and his people.
His Majesty the German Emperor agrees to this request, and assures to Maharero
his sublime protection.
As an outward sign of this protectorate, the German flag will be hoisted.
ARTICLE II.
The Head Chief of the Hereros undertakes not to transfer his country, nor any part
of it, to any other nation or subjects thereof, without the consent of His Majesty the
German Emperor, nor to ratify any agreements with other Governments without such
consent.
On the other hand, His Majesty the German Emperor is willing to respect former
treaties now in force, ratified between other nations or their subjects and the Head
Chief and Chiefs of Hereros.
ARTICLE III.
The Head Chief secures the full protection of persons and property to all German
subjects, and others entitled to German protection (schutz genossen) throughout the
whole of the dominion over which he has sway, as well as the right and freedom to
travel in his country, to take up his abode there, and to carry on trade and commerce.
German subjects, and those entitled to German protection, are bound to respect the
existing customs and usages prevailing in the territory of Maharero, to do nothing
which would violate German penal laws, and to pay all taxes and duties which have
been hitherto customary. On the other hand, Maharero pledges himself not to grant to
subjects of another nation any greater rights and concessions than to German subjects.
ARTICLE IV.
All civil disputes at law between the Hereros themselves, as well as offences and
crimes committed amongst themselves, are to be submitted to the jurisdiction of the
Chiefs of the country.
On the other hand, all German subjects, and those entitled to German protection
living in Hereroland, are to be judged according to the German law in all disputes, both
civil and criminal, which arise amongst them. The organization of this jurisdiction will
be more particularly regulated by the German Government. The establishment of
rules for jurisdiction, however, with regard to civil law disputes between German sub-
jects and those entitled to German protection on one side, and the Hereros on the
other side, as well as criminal cases between German subjects and those entitled to
German protection against the Hereros, and vice versa, is reserved to a special arrange-
43
ment between the Government of His Majesty the German Emperor and the Chiefs in
Hereroland. Until such an arrangement shall have been made, all cases of the
latter kind which may occur shall be decided by the Imperial Commissioner or his
representative together with a Member of the Council.
ARTICLE V.
The Head Chief Maharero pledges himself to contribute as much as possible to the
maintenance of peace in Damaraland itself, and between the latter and the neigh-
bouring countries, and to request the mediation or decision of the Imperial German
Government or of the Imperial Commissioner in any cases of dispute which may occur
between him and his Under Chief, or with other Chiefs of the neighbouring countries.
Gez Dr. jur H. E. GOERING, Kaiserlich
deutscher Kommissar des Reichs für
das südwestafrikanische Schulzgebiet.
Gez C. G. BUTTNER.
The above Treaty in duplicate has been signed or marked with a cross by the Pleni-
potentiaries of His Majesty the German Emperor, as well as by Maharero and the
Under Chiefs, Counsellors, and Notables who were present in the house of the Missionary
Diehl at Okahandja, the 21st October 1885, after Missionary Diehl, who acted as in-
terpreter, had translated it literally into the language of the country, and after all the
Hereros who were present had declared that they understood it. Likewise have the
interpreter, the following witnesses, and the secretary signed their names.
X × Handzeichen des MAHARERO KATYA.
MUCHA.
× Handzeichen des KAFIFERI.
× des RIARUA.
X
MARTIN.
NICODEMUS.
SIMUINYA.
SAMUEL.
JOHANNES.
BARNABAS.
DANIEL.
MAVEKOPO.
Gez WILHELM.
JOSOPHAT.
AUGUST LUDERITZ.
Ph. DIEL ALS DOTMETSCHER.
NELS, Secretär.
:
Als Zeugen.
">
X X
As Interpreter:
(Signed) ANDREW PURAINEN, Agent for the
Finnish Mission.
TRAUGOTT KAUAPIRURA.
NELS, Secretary.
X X
?
13
F 2
""
Certified a true copy, Okahandya, 23 October 1885.
>
(Signed)
DR. GOERING.
IV.
Negotiated, Omaruru, the 3rd of November 1885.
The Chief of Omaruru, Manasse Tyifefeta, appeared to-day with the undersigned
Members of the Council before the undersigned Commissioner of the Empire for the
district of the South-west African Protectorate, Dr. Henry Ernest Goering assisting
the Secretary, Louis Nels. The Missionary Viehe of this place translated literally and
explained to them the Treaty of Protection and Friendship ratified with Maharero. After
deliberation they made the following statement :-
We agree herewith in all points to the Treaty of Protection and Friendship ratified
between His Majesty the German Emperor, King of Prussia, William I., and Maharero
Katymucha, Chief of the Hereros, which was dated Okahandya, the 21st October 1885,
and we have well understood the same.
Read, translated, approved, and signed.
W
(Signed) MANASSEH TYEFEFETA.
× MUTATA.
× BARNABAS.
X KANIDA.
X KATYIUMUA.
X AFA.
The Imperial German Commissioner for the South-west African Protected District,
DR. HENRY ERNEST GOERING.
(Signed)
44
No. 60.
COLONIAL OFFICE to FOREIGN OFFICE.
(Extract.)
Downing Street, May 21, 1886.
Earl Granville does not consider that the points relative to the right of this
country to the islets and rocks off the coast, or relative to the validity of the grants
of David Christian, can, at the present stage at any rate, be given up, and he therefore
proposes that Mr. Scott should be assisted, as has been already contemplated, by a
gentleman from this office. For this purpose he proposes the name of Mr. J. Bramston,
C.B., Assistant Under Secretary for the Colonies, and he would suggest that Mr.
Bramston should be associated with Mr. Scott in the conduct of any further dis-
cussions, and that his services should be placed at the disposal of Sir E. Malet, to
be employed in any manner that Her Majesty's Ambassador may think desirable.
Mr. Bramston will be prepared to leave for Berlin at any time that may be reported
to be convenient by Sir Edward Malet.
No. 61.
COLONIAL OFFICE to MESSRS. DE PASS AND CO.
GENTLEMEN,
Downing Street, May 22, 1886.
In reply to your letter of the 7th instant, I am directed by Earl Granville to
acquaint you that the negotiations between the English and German Governments
relative to the private claims of British subjects in the German Protectorate north of
the Orange River are not yet concluded.
SIR.
The matter is under discussion at Berlin, and Her Majesty's Ambassador has
recently applied for fresh instructions, which are about to be given to him.
I am, &c.
Messrs. Daniel de Pass and Co.
(Signed) ROBERT G. W. HERBERT.
No. 62.
COLONIAL OFFICE to FOREIGN OFFICE.
Downing Street. June 4, 1886.
WITH reference to your letter of the 13th ultimo,t on the subject of the
inquiries made by the Portuguese Minister respecting the establishment of the Re-
public of Upingtonia in Ovamboland, I am directed by Earl Grauville to transmit
to you, to be laid before the Earl of Rosebery, a copy of a memorandum by Sir H.
Robinson giving all the information he possesses respecting the Republic in question.
I am, &c.
(Signed)
JOHN BRAMSTON.
The Under Secretary of State,
Foreign Office.
Enclosure in No. 62.
MINUTE by Sir HERCULES ROBINSON.
May 23, 1886.
I HAVE no information on this subject beyond what I have read in the Cape Town
newspapers, which have doubtless been forwarded to the Portuguese Government by
their Consular Officer in Cape Town.
* No. 57.
† No. 58.
45
The version given in the papers, as far as I can recollect, was as follows:-A trader
named Jordan professed to have purchased from a local Chief in Ovamboland a tract
of country. He collected a few Europeans about him, whom he called a Bestuur, and
invited the South African public to come in and purchase land in the new Republic,
which he named, without authority, "Upingtonia.'
It appears, however, that another trader, named Lewis, who has for some years
attached himself to Kamaherero, the Paramount Chief of Damaraland, claims to have
received from that Chief a lease of a silver mine and other mineral concessions in this
same district in Ovamboland. The two traders have accordingly been carrying on a
paper war with each other. Lewis has written to Jordan and his Bestuur, in the namo
of Kamaherero, denying the right of the local Chief to dispose of land in Ovamboland,
which Kamaherero claims to be subject to him as Paramount Chief of Damaraland.
Kamaherero has also threatened to march a force to Upingtonia" so as to punish the
local Chief for having acted without his authority, and to expel the European intruders.
The new Republic is probably a mere land speculation on the part of Jordan, which
will come to nothing. At all events it is a matter with which we have no concern, as
Ovamboland is to the west of the 20° of E. longitude, in territory in respect of which
we have promised Germany not to interfere, or to exercise any influence over the
native Chiefs. If it be the case, as stated to me by the German Consul at Cape Town,
that Kamaherero has made a treaty with Germany, placing the whole of his territory
under German protection, the question as to whether Ovamboland is or is not subject
to Damaraland will doubtless come before long under the cognizance of the German
Government.
I do not see that the matter is one with which the Portuguese Government has any
concern; as the so-called new Republic is a long way south of the Portuguese
possessions on the West Coast.
In view, however, of the fear felt at the Cape that Northern Bechuanaland, if not
placed under British protection, is likely to be appropriated by some other power, it is
significant to note the remark made by Her Majesty's Minister at Lisbon, that any-
thing likely to interfere with a free expansion eastward of Portuguese territory into
the heart of the South African continent traverses a fixed purpose of Portuguese
Colonial policy."
(Signed)
HERCULES ROBINSON.
CC
66
(C
No. 63.
FOREIGN OFFICE to COLONIAL OFFICE.
Foreign Office, June 1, 1886.
SIR,
I AM directed by the Earl of Rosebery to acknowledge the receipt of your letter
of the 21st ultimo, and I am to inform you that his Lordship concurs in the proposal
therein made by Earl Granville to send out Mr. J. Bramston to Berliu in order to
assist Mr. Scott in his negotiations with regard to the Anglo German claims on the
south-west coast of Africa.
I am to add that Sir E. Malet has been instructed to take the requisite steps for
notifying Mr. Bramston's appointment to the German Government and to report when
his presence will be required.
The Under Secretary of State,
Colonial Office.
*No. 60.
I am, &c.
(Signed)
T. V. LISTER.
F 3
46
SIR,
Foreign Office, June 22, 1886.
WITH reference to your letter of the 21st ultimo," I am directed by the Earl of
Rosebery to transmit copy of a Despatch which his Lordship addressed to Sir E. Malet
directing his Excellency to notify that Mr. J. Bramston would be appointed to assist
Mr. Scott at Berlin in the approaching discussion of the points in dispute between the
English and German Governments arising out of the Anglo-German Commission at
Angra Pequeña, and I am to request that you will inform Earl Granville that a telegram
has been received from Sir E. Malet, stating that the appointment having been submitted
by him the German Government have informed him that they agree to the appointment.
His Excellency adds that as soon as Mr. Bramston arrives work can commence.
I am, &c.
(Signed) P. W. CURRIE.
No. 64
FOREIGN OFFICE to COLONIAL OFFICE.
The Under Secretary of State,
Colonial Office.
SIR,
Foreign Office, June 5, 1886.
I REFERRED Your Excellency's Despatch of the 1st ultimo, on the subject of the
Anglo-German claims in the S. W. Coast of Africa to the Colonial Office, and a reply
has now been received from that Department, of which I enclose a copy for your infor-
mation.
M
Enclosure in No. 64.
Your Excellency will observe that Earl Granville does not consider that the point
relative to the right of this country to the islets and rocks off the coast or relative to
the validity of the grants of David Christian can, at any rate at the present stage of the
proceedings, be given up.
Lord Granville is therefore of opinion that as has already been contemplated Mr. Scott
should in his negotiations on the subject be assisted by a gentleman from the Colonial
Office, and for this purpose he proposes the name of Mr. J. Bramston, C.B., Assistant
Under Secretary for the Colonies.
I have to inform your Excellency that I concur in this recommendation of Lord
Granville's, and I have accordingly to request that you will take such steps as may be
necessary for notifying Mr. Bramston's appointment to the German Government, and that
you will report to me when his presence will be required in Berlin.
His Excellency Sir E. Malet.
The Under Secretary of State,
Colonial Office.
No. 65.
FOREIGN OFFICE to COLONIAL OFFICE.
I am, &c.
(Signed) ROSEBERY.
Foreign Office, June 24, 1886.
SIR,
I AM directed by the Secretary of State for Foreign Affairs to transmit to you, to
be laid before the Secretary of State for the Colonies, a Despatch from Her Majesty's
Ambassador at Berlin, enclosing copy of a Note addressed by his Excellency to the
German Government relative to the appointment of Mr. Bramston in the approaching
negotiations at Berlin.
* No. 60.
I am, &c.
(Signed)
T. V. LISTER.
47
The Earl of Rosebery,
&c.
&c.
MY LORD,
Berlin, June 14, 1886.
I HAVE the honour to transmit to your Lordship herewith copy of a Note which,
in obedience to the instructions contained in your Lordship's Despatch of this series.
of the 5th instant, I have addressed to Count Berchem notifying the appointment by
Her Majesty's Government of Mr. Bramston, Assistant Under Secretary of State for
the Colonies, to assist Mr. Scott in the negotiations which it is proposed to hold at
Berlin with regard to the unsettled claims of British subjects in the districts of South-
west Africa.
&c.
Enclosure in No. 65.
I have, &c.
(Signed) EDWARD B. MALET.
M. LE COMTE,
Berlin, June 12, 1886.
WITH reference to Count Bismarck's Note of March Sth last, stating that the
Imperial Government agreed to a conference being held at Berlin between Dr. Krauel
and Mr. Scott with regard to the unsettled claims of British subjects in the district of
South-west Africa under the Imperial Protectorate, I have the honour to inform you by
direction of Her Majesty's Principal Secretary of State for Foreign Affairs, that Her
Majesty's Government are desirous that Mr. Scott should be assisted by a gentleman
from Her Majesty's Colonial Department, and for this purpose have selected Mr. John
Bramston, C.B., Under Secretary of State for the Colonies. In making this communi-
cation I am directed to express the hope of Her Majesty's Government that the Imperial
Government will have no objection to the gentleman in question being associated with
Mr. Scott in the proposed conference.
The Under Secretary of State,
Colonial Office.
I have, &c.
No. 66.
ADMIRALTY to COLONIAL OFFICE.
(Signed)
Enclosure in No. 66.
REPORT ON WALFISCH BAY.
Admiralty, June 29, 1886.
SIR,
I AM commanded by my Lords Commissioners of the Admiralty to transmit
herewith, for the perusal of Earl Granville, copy of a report from Commander Oldham of
H.M.S." Racer," dated 7th May last, on Walfisch Bay, on the West Coast of Africa.
Copy of this report has also been sent to Foreign Office.
I am, &c.
(Signed)
E. B. MALET.
EVAN MACGREGOR.
May 7, 1886.
On arrival I interviewed Mr. Rolland the Resident Magistrate, and traders, and got
all the information I could out of them.
1. A Russian corvette, the "Scobeloff," 2,700 tons, visited the Bay on February 12th,
1885. H.M.S." Sylvia" called with a Government Commissioner on board from the
Cape on 16th April 1885.
On 14th April 1886, the "Habicht" German despatch vessel put in on a coasting
cruize from Angra Pequena and Cape Town on her way to Cameroons. The captain
made particular inquiries as to the possibility of landing at the mouth of Swakop River,
which the magistrate told him was not possible on account of the surf and reefs of rocks
at the mouth. He left on the 16th.
2. Dr. Stapff, a German professor and geologist, has lately passed through Walfisch
Bay to the interior to examine the various mines, copper, &c., and report on ther;
F 4
48
also several agents of German houses to buy up the various mines from the present
owners, natives, and traders.
Mr. Rolland, the magistrate, says that the Germans claim all the country outside the
settlement both north and south as well as the interior.
3. Supplies of oxen and sheep to any quantity can be procured from the interior at
from two to three days' notice, and very cheap, but no fresh vegetables. Sometimes
there is a small supply at the settlement. I was enabled to procure meat for the ship's
company the day we arrived and until we left. Fish can be procured in the bay by
seining.
None but slightly brackish water is to be procured; all drinking water is brought
from the Cape by the schooners trading to the settlement.
4. Of trade there is very little indeed, and that falling off; a good many years ago, a
quantity of ivory, ostrich feathers, and skins used to be exported to the Cape, but little
now; occasionally a few cattle are shipped to St. Helena.
Mr. Rolland, the magistrate, said that one small schooner of a 100 tons would bring all
the merchandise and carry away all the produce for the whole year.
5. No merchant vessels or whalers ever visit the harbour; the coasting schooners
of about 80 to 100 tons call about once in three months from the Cape, and bring the
drinking water and the few stores that are required, it would not pay them to do this,
but that they are enabled on their voyage back to call at Sandwich harbour, and get a
cargo of dried fish which they take to the Cape.
6. No revenue is collected at Walfisch, as it is established as a free port of entry and
export, except from licenses to sell spirits, &c. in a few shops, amounting to about 30.
a year.
I have, &c.,
(Signed)
The Under Secretary of State,
Colonial Office.
No. 67.
FOREIGN OFFICE to COLONIAL OFFICE.
EDMUND H. CLDHAM,
Foreign Office, July 24, 1886.
SIR,
I AM directed by the Earl of Rosebery to transmit to you a Despatch from Her
Majesty's Chargé d'Affaires at Berlin, enclosing papers showing the result of the recent
negotiations at Berlin, in which Mr Bramston assisted Mr. Scott, for the settlement of
Angra Pequena questions upon which the Commissioners at Cape Town had differed.
The arrangement accepted by the negotiation appears to be in conformity with the views
expressed in my letter of the 29th ultimo. His Lordship would be glad to learn whether
it meets with Earl Granville's approval.
I am, &c.
(Signed)
Enclosure in No. 67.
Mr. Scort to the EARL OF ROSEBERY.
Commander.
* Not printed.
P. W. CURRIE.
MY LORD,
Berlin, July 15, 1886.
WITH reference to your Lordship's Despatch, of the 30th ultimo, to Sir E. Malet's
of the 26th instant, and to previous correspondence on the same subject, I have now
the honour to submit to your Lordship the enclosed Protocol signed this day by Dr.
Kranel and myself, containing the joint recommendations of the British and German
Commissioners for a settlement of certain outstanding British claims in the German
Protectorate of South-west Africa, in regard to which the Commissioners at Cape Town
failed to arrive at an agreement.
Dr. Krauel is submitting a German text, also bearing both our signatures, to the
German Government.
49
It was decided that the Commissioners should support these recommendations in
separate reports to their respective Governments, and I have accordingly the honour to
further submit the enclosed report which Mr. Bramston has been good enough to draw
up of the proceedings and discussions of the Commission, signed by us both as joint
Commissioners under your Lordship's instructions.
To this Report are appended,--
1. A translation of Dr. Göhring's original memorandum, setting forth the arguments
on the side of the German Government.
2. A counter memorandum by Mr. Bramston in reply, supporting the case of the
British claims.
I venture to express the hope that, on examination, these documents will be found to
bear out the conclusions at which we finally arrived, and to justify us in recommending
the proposed plan of settlement to the favourable consideration of Her Majesty's
Government.
In conclusion, I would desire not only to fully endorse the acknowledgment recorded
in the Report, of the courteous and fair spirit in which our German colleagues approached
and conducted the discussion of the British claims, but also, at the same time, to testify
to the valuable assistance rendered to the British case by Mr. Bramston's able memo-
randum and great legal experience.
The Earl of Roseberry,
&c.
&e.
I have, &c.
(Signed) CHARLES S. SCOTT.
Sub-enclosure 1.
PROTOCOL.
The undersigned Commissioners having met and discussed fully those British claims in
the territories placed under German protection in South-west Africa, upon which Messrs.
Bieber and Shippard, the Commissioners at Cape Town, had disagreed, agree to submit to
their Governments the following recommendations :-
1.-Ebony Mines.
That if Robert Lewis or his assigns desire to work this mine, he or they be at liberty
to do so, and to convey the ore to the coast until the 21st of September 1898, without
payment to and without hindrance or interference by the Colonial Company.
2.-Sandwich Harbour.
That Mr. Anders Ohlson (trading as A. Ohlson and Company), and Messrs.
De Pass, Spence, and Co., respectively, be held to have acquired a full title in
perpetuity for themselves and their assigns to the lands and buildings which they,
respectively, have heretofore occupied in Sandwich Harbour for the purposes of the
fishery, together with the right to each firm of taking at any time any other sites on the
shore of this harbour, and of erecting buildings thereon, should the sand, as has happened
before, shift so as to render useless the land which is now, or at any future time may be,
occupied by their buildings; it being understood that any site so taken becomes the
absolute property of Messrs. De Pass, Spence, and Co. or of Mr. Ohlson, or their
respective assigns, as the case requires, and that they have no further claim to the land
which they previously occupied ; but that neither firm nor their assigns are entitled to
take any site occupied by other persons, nor to take any site the occupation of which
would interfere with other persons.
That it should be further recognised that the firms of A. Ohlssen and De Pass
Spence, & Co. have the right of coast fishery in Sandwich Harbour and along the coast
between Sandwich Harbour and the point 23° 20′ south latitude, 14° 31' east longitude,
with the right of landing on and using for fishery purposes any part of the coast not in
the private possession of third parties, subject always to the observance of any laws and
regulations which may be issued by the competent authorities. The said firms shall not,
however, have any right to hinder other persons from also fishing there or from establishing
themselves in Sandwich Harbour.
U 50462.
3.-Hottentot Bay.
That Messrs. De Pass, Spence, and Co. have in like manner acquired a full title
in perpetuity for themselves and their assigns to the guano deposits at Hottentot Bay,
and to the land which they now occupy there for carrying on fishery or collecting of
guano.
G
50
4.-Un-named Islets and Rocks.
That Messrs. De Pass, Spence, and Co., and their assigns, be free to make use,
as they have hitherto done, of these islets and rocks, including Shark Island, without
payment until the expiry of their lease, that is to say, until the 30th of June 1895, and
if the British Government waive all claim to the sovereignty of these islets and rocks
and acknowledge the sovereignty of Germany over them, then that the latter power
should consent to confer no private rights over them to any persons other than the
lessees for the time being of the 12 British Islands named in the Letters Patent of the
27th of February 1867.
Upon this understanding the British Commissioner will recommend his Government
to acknowledge forthwith the sovereignty of Germany in these islets and rocks.
5.-Mainland Claims.
That Messrs. De Pass, Spence, and Co. should be held to have acquired for
themselves and their assigns a full title in perpetuity to the Pomona Mine with two
English miles of land round the mine on every side, and that they should have the right
to use the lagoon for their vessels and to make use of the land round the lagoon for all
purposes as they have done hitherto, without payment and without hindrance or
disturbance by the Colonial Company; and if irreconcilable disputes between the firm
and the company should arise as to the proper exercise of these rights on land, then that
the Chief Officer of the German Government within the Protectorate shall allot to Messrs.
De Pass, Spence, and Co., or their assigns, sufficient land for the purposes of their business.
conveniently situated on the shore of the lagoon, and that the land so allotted shall
become the absolute property in perpetuity of the persons to whom the same is allotted
but that such allotting of land shall in no way affect or lessen their right to use the
lagoon for their vessels.
(Signed)
Berlin, July 15, 1886.
Sub-enclosure 2.
REPORT.
CHARLES S. Scott.
R. KRAUEL.
Upon Thursday July 1st, the British Commissioners met Dr. Krauel and Dr. Göhring
at the Foreign Office for a preliminary discussion, and learnt that Dr. Krauel had
requested Dr. Göhring to draw up a formal statement of the case which it was intended
to put forward on behalf of the German Government. This document was received on
the afternoon of the 2nd of July, and a translation, of which a copy is appended, was
prepared on the following day. It was then evident that a wide divergence existed
between the views of the two Governments, and that it would be necessary to reply in a
similar paper, setting out the arguments on the British side.
A paper was accordingly prepared by Mr. Bramston, and a copy is appended. It
necessitated some examination of the early correspondence published in the parliamentary
papers, as well as of the evidence given at Cape Town, but was duly completed and
delivered at the Foreign Office on Wednesday the 7th of July.
The British Commissioners were on the 9th of July invited to meet the German
Commissioner on the afternoon of Saturday the 10th, and a meeting was arranged, but
was subsequently postponed till Monday the 12th, when a full discussion took place
between the British and German Commissioners upon the several points on which the
Commissioners at Cape Town had disagreed, viz., the claims (1) of Mr. Lewis to a lease
of the Ebony Mine; (2) of Messrs. Anders Ohlson and of Messrs. De Pass, Spence,
and Co. to the land at Sandwich Harbour, on which they have for many years possessed
fishing establishments; (3) of Messrs. De Pass, Spence, and Co. to land at Hottentot
Bay, on which they have long been engaged in removing old guano deposits and in
other business; (4) of the same firm to the islets and rocks included in their lease, but
not named in the Letters Patent of February 27, 1867; (5) of the same firm to the coast
land between Baker's Cove and Angra Pequeña, and to certain mining rights.
The German Commissioner frankly admitted the right of these firms to land which
they had occupied for any length of time, and an agreement was arrived at without
51
difficulty in respect to claims Nos. 1, 2, and 3. The Ebony Mine might have involved
a long and fruitless discussion of the relative status of three native Chiefs, and without
entering into this conflict it was arranged that the Company should not interfere with
Mr. Lewis if he decided to work this mine during the few years yet to run of his claim,
which he had not hitherto done. It was understood, however, that the German Govern-
ment do not guarantee his title as against the natives.
Upon claim No. 4, the islets and rocks, the British Commissioners admitted that as
they were not included in the Letters Patent of February 27, 1867, by which the
Governor of the Cape was appointed Governor of the Penguin Islands, and under
which alone he had authority to grant leases of any islands, his powers did not extend
to granting a lease of these islets. At the same time the British Commissioners con-
tended, not unsuccessfully, that the islets did not belong to the German Company, and
as the question was thus virtually one of sovereignty between the two Governments, it
was at length agreed that the British Government should be recommended to waive
all claim to these islets and rocks, which are of little or no value in themselves, and
should acknowledge the sovereignty of Germany on the understanding that the latter
Power should not confer any private rights upon them to any person other than the
lessees for the time being of the 12 larger islands which are unquestionably British.
Shark Island was to be regarded as an island and included in this arrangement, and
Messrs. De Pass, Spence, and Co. were to have the use of the islets and rocks without
payment during the remainder of their lease.
As regards claim No. 5 the title to the coast land and mining rights, it soon became
apparent that neither side would be convinced by the other, the British Commis-
sioners maintaining that Messrs. De Pass, Spence, and Co. were absolute owners
of the land in question, though giving up as untenable the claim of this firm to an
exclusive right to work mines in Namaqualand; the German Commissioner, on
the other hand, denying that this firm had anything more than a revocable right
to prospect for minerals, and that this right had in fact been revoked by the sub-
sequent sale from a native Chief to Mr. Lüderitz. The Commissioners under-
stood that both Governments were desirous that some settlement should be
arrived at; it was therefore necessary by means of concessions on both sides to find
some basis on which to found an agreement, which it would be possible to recommend
to the two Governments for acceptance. Messrs. De Pass, Spence, and Co. appear
not to have turned to account any part of the disputed land except the Pomona Mine,
on which large sums have been spent, and the land in the neighbourhood of the lagoon
which they have used for various purposes. This circumstance made an agreement
possible, and the German Commissioner consenting that the firm should be allowed
freely to carry on their mining or other business operations, the British Commissioners.
were able to withdraw the claim to the rest of the land in dispute, which the firm had
not turned to any practical account during the past 20 years. It was then agreed that
Messrs. De Pass, Spence, and Co. should be held to have acquired a complete title for
themselves and their assigns to the Pomona Mine and to two English miles of country
round the mine; and that they might have the full use of the lagoon and of the land
round it for the purposes of their business as freely as hitherto, without payment, with-
out hindrance by the German Company, and without confining the firm to any particular
locality, but that, if disputes should arise between the Company and the firm as to
the exercise of these rights, and if the parties could not agree to a settlement, then
the chief German official in the district should assign to the firm a sufficient area of
convenient land which would thereupon become their property.
The claim of the firm for money compensation for damages alleged to have been
suffered by them, through the diminution of their guano returns since and in consequence
of the arrival of the Germans, was mentioned but not gone into, the German Commis-
sioners denying the fact (which was admitted by Dr. Bieber at Cape Town), and pro-
ducing a newspaper report of evidence recently given by Captain Spence in the
Bankruptcy Court at Cape Town, from which it would appear that the total yield of the
islands had fallen off in 1883 and 1884, but showed a marked increase in 1885.
The results of the discussion were then drawn up by Mr. Bramston in the form of
joint recommendations, and a copy transmitted to the Foreign Office on Tuesday the
13th; a translation was furnished by the German Commissioner on Wednesday the
14th, which was examined and found correct, and the English and German versions
having been copied for signature, each was signed by the Commissioners on Thursday
the 15th July, and the business terminated.
As Dr. Göhring had not been appointed a Commissioner with power to sign, Mr. Scott
alone signed these documents on behalf of the British Commissioners.
G 2
52
In conclusion, the British Commissioners desire to record their acknowledgment of the
courtesy and fair spirit exhibited by their German colleagues, to which the agreement
arrived at is in a great measure due.
(Signed)
Berlin, July 15, 1885.
Sub-enclosure 3.
Dr. GÖHRING'S MEMORANDUM.
CHARLES S. Scorr.
JOHN BRAMSTON.
Translation.
1. The claim put forward by Robert Lewis to the Ebony or Palgrave's Mine,
situated to the north-east of Walfisch Bay is disallowed as unfounded.
The said mine is situated in the territory which the Topnaar Chieftain Piet Heybib
sold in legal form to the firm F. A. E. Lüderitz, otherwise the German Colonial Society
for South-west Africa. It is true that this territory is also claimed by Maharero, the
Supreme Chief in the Herrero's territory, as Herrero laud. But the researches instituted
by the German Imperial Commissioner and Consui General, the late Dr. Nachtigall, ast
well as by the present Commissioner, Dr. Göhring, have established the fact that in
consequence of the wars carried on between the Namaquas and Herreros, territorial
changes took place by which, since 1870, the tribe of the Topnaars must be regarded as
unlimited proprietors of the portions of land sold by it. Lewis cannot therefore appeal
successfully to the concession granted to him on the 21st September 1877 by Maharero
to this mine which it may be added has been pronounced on the authority of the latest
examination by mining experts to be an absolutely valueless one.
2. The right claimed by the firm Ohlsen, and also by De Pass, Spence, and Co., to
carry on their fishery business in Sandwich Harbour is so far recognised as valid, inas-
much as they have acquired an exclusive right of private property in the establishments
made on the coast, and in the land appertaining thereto. Moreover a personal right of
fishery is granted to them.
The harbour (Sandwich harbour) belongs to the Topnaar territory sold to the German
Colonial Company for South-west Africa. Not only Ohlsen, but also De Pass, Spence,
and Co., have for more than 30 years carried on a fishery here, and for this purpose
established on the mainland the requisite buildings, houses, drying grounds, &c. The
free use of the sea equally open to all men excludes "ex ante" the private acquisition
of any part of the sea's dominion. The said firms cannot therefore have acquired an
exclusive transferable fishery right. On the other hand it is but reasonable that the
Colonial Company should concede to them a personal fishery right, on the ground of
long user.
Inasmuch as by general principles of international law the sovereignty ceded by the
Chief of the Topnaar extends equally to the waters of the coast, the said firms must
submit themselves to the right, devolving from this sovereignty, of making legal regula-
tions respecting the fishery. The case is different as regards the establishments made.
on the mainland. The rights of the natives to this hitherto uninhabited strip of the
coast having been up to very recent times doubtful, there can be no question of "mala
fides "in its occupation by the said firms and their predecessors in occupation; they have
accordingly, by possession extending over many years, created an absolute right of
private property in the land and soil used by them.
3. The firm of De Pass, Spence, and Co. is assigned, without prejudice to the German
rights of sovereignty, the exclusive right to work the guano beds existing in Hottentot
Bay and also the right of private property in the fishery settlements established there.
As regards the fishery right this right, as in the case of claim 2, is only a personal one.
Hottentot Bay is situated, as is now clearly established in the territory of the tribe of
the Bethany Hottentots, and in that part which the Chief Joseph Fredericks, and his
Raad have legally ceded together with sovereign rights to the firm of E. Lüderitz, or
the German Colonial Company in South-west Africa. But in this case also nothing can be
urged against the assumption that the aforesaid firm, as well as its predecessors, always
regarded this uninhabited tract of coast land as "terra nullius," in that for more than
30 years they have been using the guano beds there, so that in this case too they
have acquired private rights of property by settlement.
4. The contract of lease concluded between the Governor of the Cape Colony, Sir P.
Wodehouse, and the firm De Pass, Spence, and Co. and Robert Grainger, dated
53
January 11, 1869, by which the said lessces were given the exclusive right, until
June 30, 1895, to work the following islands :-
Ichaboe, Roast Beef or Sinclair Island, Albatross Rock, Halifax, Mercury, Possession,
Plum Pudding Pomona, Seal, Long, Penguin, Hollamsbird, Eighty-four Island, Black
Rock, Steeple Rock and Reef; further all islands not specially designated lying between
Hollams Bird and Roast Beef Islands, is invalid as far as it concerns the following
islands.
Eighty-four Island, Black Rock, Steeple Rock and Reef, and the un-named islands
between Hollams Bird and Roast Beef or Sinclair Islands. These last are the
property of
the German Colonial Company, and the same is the case of Shark Island, the Bay of Angra
Pequeña, and the land at the back of the same, inasmuch as it was ceded under deed of
sale dated August 25, 1883, by the Chief Joseph Fredericks to the firm of Lüderitz.
On the other hand the said lessees are allowed to make the same use as formerly of
the said islands and reefs, the property of the German Colonial Company, until the
termination of their lease on June 30, 1895, and at the same time to make use of the
harbour of Angra Pequeña.
(
The firm De Pass, Spence, and Co. have also the further right granted to them by
the deed of December 9, 1864, to work the mine of "Naub" or Rappoenberg" for
40 years.
All claims extending beyond this are disallowed.
By English law the validity of a Colonial acquisition is conditional on previous or
subsequent confirmation by Letters Patent. Hence such islands only as were designated
by naine in the Letters Patent of February 27, 1867, can be recognised as British
property, and the act of taking possession by the captain of an English frigate, " Forsyth,”
of other islands as well as of the Bay of Angra Pequeña has no legal significance for
third parties.
It has, however, been established beyond dispute that the islands not named in the
Letters Patent, and also the Bay of Angra Pequeña and the mainland, belong to the
territory of the tribe of Bethany Hottentots, which was ceded by the deed of 1883 to the
firm of Lüderitz, i.e., the Colonial Company.
This latter declares now its readiness to join in the lease with the Cape Government,
but it prefers a claim against that Government for reimbursement of rent paid since
July 1, 1885, eventually, that the lessees should give up the use of the rocks, islets, &c.,
and make compensation for the guano taken off them since June 1st, 1885. This claim,
perfectly justifiable in itself, would, however, entail tedious proceedings quite out of
proportion to the importance of the matter at stake, as the inquiry has shown that
the only islands possessing any value are the 11 which are undoubtedly British property,
and that those illegally leased yield either no return, or at the most a very insignificant
one.
Moreover it has been proved that De Pass, Spence, and Co. had been using these
islands before the lease was made, and concluded the latter in bonâ fide. It is therefore
only right and reasonable that they should be permitted until the expiry of their lease to
go on using the objects leased to them free of conditions.
On the other hand the firm of De Pass, Spence, and Co. have no further right on the
mainland claimed by them than that of working the Rappoenberg Mine conceded to them
by contract for a term of 40 years.
By the deed of August 25, 1883, to which frequent reference has been made, the
firm of F. A. E. Lüderitz, now the Colonial Company for South-west Africa, has
acquired the strip of coast land extending from Orange River to the 26 of South latitude,
and 20 geographical miles inland. The firm De Pass, Spence, and Co., claims a portion
of this territory, i.e., from Baker's Cove to Angra Pequeña inclusive, with the exclusive
right of mining in the whole of the Bethany territory, founded on an earlier deed of sale
concluded on the 21st September 1863, and 9th December 1864 with the Bethany Chief,
David Christian. By the first-named deed, the said Chief granted (verlich) to Captain
Sinclair for the firm De Pass and Spence the whole strip of coast extending from Baker's
Cove to Angra Pequeña and inland to the 15° 50′ East longitude, and also mining rights
for all minerals in any portion of his territory. By the second deed of December 9, 1864,
David Christian confirmed this grant (Verlichung) and further granted to Captain
Sinclair for his employers a mountain named "Naub or Rappoen," with the land two
miles in circumference. The firm was to have the right to work a mine situated there
for a term of 40 years. According to the result of the evidence taken, these documents,
after previous verbal negotiations conducted through an interpreter in the Dutch and
Namaqua languages, were drawn up in English, and the word "grant" was used to ex-
press the word "conveyance." In the Dutch translation, the word " grant" is rendered by
G 3
(C
12
54
>>
"Vergunning," and this Dutch translation which was prepared shortly after the conclusion
of the contract for the contracting party making the grant, the Bethany Chief handed to
the then missionary Kreft to keep, and contains the note "This is a true copy in Dutch."
The document is also signed by Spence. The latter asserts that an irrevocable right of
property was made over to him by the grant, while the Colonial Company holds that he
was only given permission, revocable at any time, to work the territory in question. In
order to decide the question whether an absolute right of property, or only a “precario
permission to occupy was intended to be conveyed, we must in view of the contradic-
tory terms used "grant" and "vergunning "simply be guided by proofs from other
quarters of the intentions of the contracting parties. While the term "grant" is used
for an irrevocable conveyance of a right, the Dutch word "vergunning" does not signify
a" sale but a permission to occupy, which is revocable at any time. Now the evidence
of the witnesses tends to place beyond doubt the real and unanimous intention of the
parties to the contract. Leaving quite out of consideration the testimony of the certainly
interested witness, the Chief Joseph Fredericks, and that of the under Captain Adam
Lambart, both of them present at the verbal negotiations who testify that the only
concession made was a permission, revocable at any time, to work for minerals in the
territory in question, the missionary Krönlein also says that he repeatedly heard the
Chief, David Christian, declare that he had only "vergunned" the land. But a decisive
weight must be given to the fact emphasised by Missionary Bam, viz., that in the deed of
1864, which confirms the grant of 1863, the mining right in the Rappoenberg Mine is
conveyed in a quite special manner for a term of 40 years, a fact which would be
altogether inexplicable if the grant of 1863 had already given an irrevocable right to all
the mines in the whole country.
"?
All this clearly shows that, with the exception of the case of the Rappoenberg Mine
the contracts of 1863 and 1864 only intended a "vergunning," which was terminated
by the subsequent sale of the same territory under the deed of August 25th, 1884.
Sub-enclosure 4.
MEMORANDUM.
1.-Ebony Mine.
If the title to this mine, which has never been worked, is to be seriously discussed,
it will be necessary to form a definite opinion upon the political status of Piet Haibib
and the Topnaars. The inquiries made by the late Dr. Nachtigal and Dr. Göhring
apparently lead to a conclusion opposed to that indicated by the evidence produced
before the Commissioners. A discussion upon this question would not be worth the
time it would occupy. It is unlikely that Mr. Lewis would spend money upon a mine
which he must give up in a few years, but should he do so, he would, at any rate, be
doing preliminary work which would have to be done hereafter by the Colonial
Gesellschaft, should they decide to work the mine. It may, therefore, be to their
interest to allow him the benefit of the lease which he claims, without any inquiry
on either side as to the respective rights of Kamaherero and Piet Haibib over this
territory.
2.-Sandwich Harbour.
This harbour is also included in the territory which the Colonial Gesellschaft have
purchased from Piet Haibib and an inquiry into his right to sell will, in like manner, be
avoided if an agreement can be arrived at respecting the claims of Mr. Ohlsen and of
De Pass, Spence, and Co.
It is admitted that these firms have not acquired an exclusive right to the fishing in
the waters along this part of the coast, so as to prevent or resist other persons seeking
to fish in them. Nor is it claimed for them that they would be exempt from any general
fishery laws that may hereafter be made under the authority of the German Empire
for regulating the fisheries within territorial waters. On the other hand Dr. Göhring's
memorandum acknowledges that these firms have acquired a personal right to prosecute
their long established fishery in the bay, and other waters in the neighbourhood; and
further that they have acquired a valid and complete legal title to the land and buildings
which they now occupy in connexion with that fishery.
This is satisfactory, but these firms also claim a right to move their buildings to other
convenient sites on the shore of Sandwich Bay in the event of the land shifting and
55
leaving these buildings away from the water, as has happened before.
This claim seenis
seasonable under the circumstances, and should be admitted, provided these firms do not
seck to use this right so as to interfere with third persons who, in the meantime, may have
established themselves on the shore of the bay.
In the absence of any duly enacted prohibitory laws, it follows that any person has a
right to fish in territorial waters, and that any person buying from either firm the land
and buildings which they own on the shore of Sandwich Bay would be entitled to use
them as well in connexion with fishing and the curing of fish as for other purposes.
It would also be reasonable to recognise a right in De Pass, Spence, and Co. to use,
as they have done for many years, the foreshore of the coast from latitude 23° 20′,
longitude 14° 31' east, to Sandwich harbour, both inclusive, for the purpose of landing
nets and drying fish, at any part where the Colonial Gesellschaft are not actually using
the land for any purpose.
3.--Hottentot Bay.
There appears to be no difference of opinion upon this point, as it is admitted that
Messrs. De Pass, Spence, and Co. have by long user acquired a valid and complete legal
title to the occupancy of so much land at Hottentot Bay as contains the guano deposit
there, or is necessary for collecting and removing this deposit.
4.-Islets and Rocks.
These do not, in any case, belong to the Colonial Gesellschaft, for they are not included
in the sale of Mr. Lüderitz. That gentleman's deed of purchase of 25 August 1883 makes
no mention of islands; a grant of land bordering on the sea does not, without express
mention, extend below high-water mark, and Mr. Lüderitz recognised this limit to his
deed when in September 1883 he admitted to the Governor of the Cape that he had no
intention of setting up any claim to the guano islands (C. 4190, p. 16, No. 17 (3)). It was
not until nearly a year later, 7 August 1884 (C. 4262, p. 60), that such a claim was made
by Mr. Vogelsang, and he then claimed all the islands from the Orange River to 26° South
latitude, not, as contained in the deed, but as having been obtained through "that act,"
namely, the hoisting of the German flag. About the same time Mr. Lüderitz, in a letter
from Bremen, of 30 September 1884, to the Governor of the Cape (C. 4262, p. 55/56),
makes a similar claim, "according to international law," and gives this as a reason why
he did not deem it necessary specially to enumerate the same in the deed of sale.
It must be added that no principle of international law can enlarge the language of a
private deed, and if Germany makes any claim to these islets, it can only be on the
ground of sovereignty, not of private property. But the German claim of sovereignty
would not be free from doubt, even if there were no counter claim, for the instructions
to Captain Schering, as he informed the British Admiral (C. 4262, p. 22), did not mention
the islands. He was commanded, as stated in his proclamation (C. 4262, p. 13), to
place under the protection of the Emperor "the territory belonging to Mr. Lüderitz,"
and this territory, as already shown, did not include islands.
On the other hand, the private claim of De Pass, Spence, and Co. under the lease of
11th January 1869 will not be insisted on, for these islets are not included in the
Governor's Commission (Letters Patent) of 27th February 1867, under which the lease
was granted. These islets, however, form part of the Penguin or Ichabo group, for both
names. appear to be used, and were, it may be contended, included in Captain Forsyth's
instructions, and declared by him to be British. He was accompanied by Captain Boyce,
the Superintendent of the Islands, the whole thing was discussed before he left Cape
Town, and there is evidence (Ans. 762-6) that he erected a board on Penguin Island,
notifying that he had taken possession of the islands, islets, rocks, and everything from
Hollamsbird to Sinclair Island, and it seems certain that from that date they have been
regarded as British by the persons occupying or using them.
So far the case seems clear, but Captain Forsyth issued a proclamation referring only to
the 11 named islands, and the Governor's irregular proclamation of 16th July 1866 pur-
ported only to annex to the Cape these same 11 islands with Ichaboe, and the Governor's
Commission (Letters Patent) of 27th February 1867 in the same way specifies these
islands by name. It appears, however, that the log book of Captain Forsyth's ship speaks
of that officer “having landed and taken possession of Angra Pequeña Bay and all the
"islands within and adjacent to it in due form," so the reason for the proclamation being
limited to the 11 islands is not apparent.
The Bay of Angra Pequeña was clearly beyond Captain Forsyth's instructions and his
taking possession has never been recognised. Even the Commodore makes no mention
G 4
56
of it in his Despatch reporting the taking possession of a range of islands or rocks
extending from Hollamsbird to Sinclair Island.
A copy of this report and of the orders to the Commodore can be furnished if desired.
To sum up, then, there being on neither side any valid claim of private property, the
question of the sovereignty over these unimportant islets and rocks should be easily
settled by discussion.
The effect of the Letters Patent of 1867 appears not to be correctly understood; for
this particular form of instrument is not essential for completing the addition of new
territory to the British dominion.
In order that an island or tract of country should become British territory it is neces-
sary that the person taking possession shall have done so under previous instructions
from superior authority, or that his action shall have been afterwards confirmed by the
like authority; such instructions or confirmation may be conveyed by a Despatch.
Letters Patent are ordinarily employed in order to create a system of government in a
newly annexed territory, or, as in the case of the Penguin Islands, for the double purpose
of appointing a governor over newly annexed territory, and of providing means for
uniting it at the proper time to a fully established Colony, of which it will thenceforward
form part.
5.-Grants of 1863-1864.
In 1863, Captain Sinclair left Cape Town for the purpose of obtaining from the Chief,
David Christian, a tract of land on the coast and mining rights; he was already working
the Pomona Mine. The Chief, when asked, refused to give an answer until he had
consulted his Raad; and he accordingly left and returned in three weeks with one of
his Chiefs. Captain Sinclair had brought with him a formal deed prepared in Cape
Town which David Christian refused to sign, and required Sinclair to write out another
in his presence. The paper so prepared was then signed by David Christian and his
Chief, Isaac Fredericks (since dead), and granted a certain tract of coast land and an
cxclusive right of mining throughout the whole of his territory. There can be little
doubt that Captain Sinclair hoped to obtain and believed that he had obtained for his
employers an absolute out and out grant of the coast from Baker's Cove to Angra
Pequeña, and a monopoly of the right to work mines in any part of David Christian's
territory. His tract of coast land included the Pomona Mine, which Sinclair's employers
had already opened, and the shores of the Bay of Angra Pequeña, on which they had
established stores and other buildings required for their business of collecting guano,
of extracting seal and shark oil, and of drying fish. During the next year Captain
Sinclair or his employers discovered a mine at Rappoenberg, situated within David
Christian's territory, but outside of the tract of coast land specified in the grant. The
Chief refused to fulfil his engagement aud 'would not allow De Pass, Spence, and Co.
to work this mine unless they gave him further remuneration. They were obliged to
yield, and agreed to pay 17. on every ton of ore shipped. A fresh deed was prepared
in Cape Town, and a meeting took place between Captains Sinclair and Spence on one
side and David Christian and his Raad on the other; and as neither understood the
language of the other the missionary Kreft attended to advise and assist the natives, and
Mr. Van der Byl to check the interpretation on behalf of Spence and Sinclair.
The discussion, therefore, must have been from English to Dutch, and from Dutch to
Namaqua, and vice versa, the actual negotiation being in Dutch between the two
interpreters, Kreft and Van der Byl. David Christian again rejected the prepared deed,
and Spence wrote out a paper in English, which was signed by the Chief and approved
by his Raad. This paper which is dated 9th December 1864 appears to have been fully
discussed between the parties; it recites the previous grant of 1863 and further grants
Rappoenberg and two miles of ground round the mountain, it also states that it is agreed
that De Pass, Spence, and Co. shall pay 20s. per ton of ore shipped from the mountain,
and shall have the right of working the mine for 40 years. A translation of this paper
was made shortly after for the Chief, apparently by Mr. Van der Byl, and was certified
by Captain Spence to be "a true copy in Dutch." It is evident that the raison d'être of
this transaction was the discovery of the new mine, the Chief's refusal to allow it to be
worked under the monopoly previously granted, and the consent of De Pass and Spence
to this alteration of their bargain in respect of minerals situated outside the tract of coast
land. Without this there would have been no occasion for a second deed; and this
alteration explains what seemed inexplicable to Mr. Bam, who of course had not seen
answers 951-3, 1061. The second deed recites the first, but the only concession
actually made by it was the lease of Rappoenberg for 40 years, and if this fact is kept in
57
view it explains the impression conveyed to Mr. Krönlein and Dr. Hahn that David
Christian had given only a temporary right of mining. Neither of these gentlemen speaks
with exactitude of the place to which he is referring; they may have meant Rappoenberg,
and Dr. Hahn (Ans. 1254), by speaking of the royalty payable on each ton does appear
to identify Rappoenberg as the leased land spoken to by Mr. Kreft.
On the other hand, no royalty was ever paid by or claimed from De Pass, Spence, and
Co. in respect of the Pomona Mine, which lies within the tract of coast land, nor has any
question ever been raised by the natives as to the occupation or use by this firm of the
land near Angra Pequeña Bay; nor, in fact, was their absolute property in both these
localities ever disputed until after Mr. Lüderitz arrived.
Further, it cannot be admitted that "vergunning" in the Dutch translation has a less
absolute meaning than "grant" in the English original. It cannot be supposed that
Mr. Van der Byl would have asked his friend Captain Spence to certify as a true copy that
which he knew to be essentially different from the original, or that Mr. Kreft would have
allowed such a thing to take place. Either the Dutch is a true copy of the English,
and then "grant" and "vergunning" have the same meaning, or it is not a true copy,
and then Captain Spence must have been imposed upon. And it should be especially
noticed that when the translator came to deal with Rappoenberg, which is unquestionably
only a temporary grant, the Dutch word used is not vergunnen," as would doubtless
have been the case if Mr. Van der Byl intended to use that word to signify a temporary
concession, but another word is used having that meaning, viz., "toestaan.'
De Pass, Spence, and Co. are, therefore, entitled not only to Rappoenberg for
the residue of the 40 years, but also to the absolute ownership of the tract of
coast land. And further, even if the deeds of 1863 and 1864 were disregarded, the
firm have occupied and possessed without dispute, the Pomona Mine and their drying
grounds on the bay for a number of years, sufficient to give them a legal title to these
localities by prescription, and in that view of the case the boundaries only would have
to be agreed upon.
Whatever lands this firm is eventually admitted to possess on the coast, should be held
to carry with it a right of access to the interior by all necessary or usual routes.
Finally, in dealing with the claims of De Pass, Spence, and Co., it should not be
forgotten that some of their islands have been much injured by the arrival of German
traders, who have been the cause of the birds leaving, and if the claim which they have
made for compensation in money is not now put forward, these losses are a further reason
for generous treatment in respect of other matters.
No. 68.
MESSRS. DANIEL DE PASS & CO. to COLONIAL OFFICE.
128, Leadenhall Street, London,
July 27, 1886.
MY LORD,
WE beg to inform you that Mr. Spence, one of the joint lessees of the Ichaboe
Guano Island lease, has been adjudicated a bankrupt at the Cape of Good Hope, and the
whole interest in the said lease is now vested in the remaining lessees, whom we
represent.
The compensation and other benefits which will be made in respect of the Angra
Pequina and coast claim will therefore belong to us.
We venture to assume that as soon as the decision has been arrived at the same
will be communicated to us here in London.
U 50462.
•C
To the Secretary of State for the Colonies,
Colonial Office, Downing Street.
We are, &c.
(Signed) DANIEL DE PASS & CO.
HI
58
No. 69.
COLONIAL OFFICE to MESSRS. DANIEL DE PASS & CO.
GENTLEMEN,
Downing Street, July 31, 1886.
I AM directed by Earl Granville to acknowledge the receipt of your letter of the
27th instant, stating that Mr. Spence has become a bankrupt, and that his share in
various undertakings on the South-West Coast of Africa has become vested in your
firm.
I am to state that his Lordship hopes shortly to communicate to you the terms of an
arrangement arrived at between the English and German Governments in regard to the
questions in which you are interested.
Messrs. Daniel De Pass & Co.
SIR,
No. 70.
The RIGHT HON. THE EARL GRANVILLE, K.G., to the RIGHT HON. SIR
HERCULES ROBINSON, G.C.M.G.
SIR,
Downing Street, July 31, 1886.
i I TRANSMIT to you, for your information, a copy of a correspondence between
the firm of Daniel de Pass & Co. and this Department relative to the bankruptcy of
Mr. Spence and the claims of the firm on the coast of South-West Africa.
It might be useful to furnish me with a concise report showing what has taken place
in regard to Mr. Spence's bankruptcy, and what are the present relations of himself and
the firm of Daniel De Pass & Co. in regard to the various undertakings in which they
have hitherto been jointly interested.
Any well authenticated press reports of the proceedings should be appended.
I have, &c.
Sir H. Robinson.
(Signed) GRANVILLE.
I am, &c.
(Signed) R. H. MEADE.
No. 71.
COLONIAL OFFICE to FOREIGN OFFICE.
Downing Street, August 2, 1886.
I HAVE laid before Earl Granville your letter of the 24th ultimo,‡ relating to the
negotiations which have recently taken place at Berlin for the settlement of British
claims in the German Protectorate on the South-west Coast of Africa.
In reply, I am to state that in Lord Granville's opinion the arrangements embodied
in the protocol signed by Mr. Scott and Dr. Krauel may be accepted and approved by
Her Majesty's Government, and that Sir E. Malet should be instructed to express this
decision to the German Government.
If the German Government on its side also approves the protocol, it would be con-
venient that this department should be informed as soon as possible in order that the
necessary communications may be addressed to Sir Hercules Robinson and the parties.
interested.
Lord Granville is glad that this satisfactory termination of the questions awaiting
settlement has been attained, and he has no doubt that Lord Rosebery will concur with
him in thinking that Mr. Scott and Mr. Bramston deserve much credit for the judicious
manner in which these negotiations have been conducted, as well as for the care and
completeness with which the British case has been handled.
The Under Secretary of State,
Foreign Office.
* No. 68.
The enclosures to your letter are returned herewith, but it is requested that as soon
as Mr. Scott's Despatch has been answered they may be again transmitted to this office
in order that they may be printed.
I am, &c.
(Signed)
† Nos. 68 and 69.
R. H. MEADE.
‡ No. 67.
4
59
No. 72.
FOREIGN OFFICE to COLONIAL OFFICE.
Foreign Office, August 9, 1886.
BB
SIR,
I AM directed by the Earl of Iddesleigh to acknowledge the receipt of the
Colonial Office letter of the 2nd instant, relating to the negotiations which have
recently taken place at Berlin for the settlement of British claims in the German
Protectorate on the South-west Coast of Africa.
In reply, I am to state to you, for the information of Her Majesty's Secretary of
State for the Colonies, that Mr. Scott received instructions, in the despatch of which a
copy is enclosed, to inake the communication suggested in the Colonial Office letter to
the Imperial Government, and that the purport of their reply will be at once communicated
to your department.
*
The inclosures accompanying your letter of the 2nd instant, are herewith returned
for purposes of print, and it is requested that copies of them, when printed, may be
forwarded to this department.
The Under Secretary of State,
Colonial Office.
C. S. Scott, Esq., C.B.,
&c.
&c.
SIR,
I am, &c.
(Signed)
Enclosure in No. 72.
SIR,
Foreign Office, August 9, 1886.
WITH reference to your Despatch of this series of the 15th ultino, forwarding
a Protocol signed by yourself and Dr. Krauel, containing the joint communications
of the British and German Commissioners for a settlement of certain outstanding
British claims in the German Protectorate of South-west Africa, in regard to which
the Commissioners at Cape Town failed to arrive at an agreement, I have now to
acquaint you that the arrangements embodied in the Protocol in question are approved
and accepted by Her Majesty's Government.
I have accordingly to request you to inform the German Government of this decision,
and if they should also approve and accept the arrangement, to notify the fact to me
without delay.
The Secretary of State for the Colonies expressed to my predecessor his satisfaction
at the termination of the questions awaiting settlement, and his appreciation of the
judicious manner in which these negotiations have been conducted by yourself and
Mr. Bramston, as well as of the care and completeness with which the British case has
been supported.
I have much pleasure in recording my entire concurrence in that view.
I am, &c.
(Signed)
P. W. CURRIE.
No. 73.
CHARLES WARREN, Esq., to COLONIAL OFFICE.
* No. 71.
IDDESLEIGH.
64, Aldermanbury, London, E.C.,
August 11, 1886.
I BEG to enclose a few documents which I have received from a most reliable
correspondent in South Africa (Mr. John Lees), with a request that I would transmit
them to your Excellency for consideration and investigation. Enclosures comprise five,
viz.:
Letter from Mr. Lees to your Excellency.
No. 1, copy of Concession by Native Chiefs.
No. 2, copy of letter from German Commissioner to Mr. W. W. Jordan.
No. 3, copy of reply to same by Mr. Jordan.
Map of district referred to.
H 2
60
I sincerely trust that, in the interests of South Africa, your Excellency may see fit to
take into serious consideration the German encroachments in that quarter.
In the event of your Excellency not deeming it advisable to take note, or act in the
matter, may I ask for return of enclosed documents.
I am, &c.
(Signed) CHARLES WARREN, F.R.G.S.
The Right Hon. the Colonial Secretary.
Enclosure in No. 73.
Mr. LEES, C.E., to the SECRETARY OF STATE FOR THE COLONIES.
SIR,
Cape Town, July 20, 1886.
I HAVE been requested by the settlers of the district of Upingtonia in Ovambo-
land as their agent, to bring to your notice certain claims made by the Imperial
German representatives, on behalf of the Hereros, to a district containing copper mines,
worked many years ago and always in the possession of the Ovambos, as by title and
documents hereafter to be furnished. The claim of the residents, British and Boers, of
the district rests on the right of purchase and occupation.
I have also further to point out to you the totally unnecessary restrictions laid on
these people, which prevents them obtaining their necessary supplies from the Cape
Colony, through Walwisch Bay, and trust on their behalf your Excellency will in
common justice apply that such restrictions be removed until the final settlement of this
question.
I trust that your Excellency will use your utmost exertions to assist this settlement
of Upingtonia, as a judicious step towards continuing the English nation the para-
mount race in South Africa, and I have no hesitation in saying that provided the
protection of Great Britain were thrown over this part of South Africa, a great check
would be given to German intrigues and a stimulus to the trade opened through the
Bechuanalaud territory.
I may inform your Excellency that the country is described as well wooded and
watered, and suitable for agricultural pursuits, that its population are a law-abiding
race, wishing to live peaceably amongst the few natives who inhabit the territory, and
that from its position near Walwisch Bay, a great and increasing trade could be carried
on to the verge of the Portuguese settlements on the West coast of South Africa.
If your Excellency will be pleased to reply to me care of C. Warren, Esq., F.R.G.S.,
64, Aldermanbury, London, I shall receive the answer by cablegram, giving me 21 days
earlier news than by mail.
The Right Hon. the Secretary of State
for the Colonies.
I have, &c.
(Signed) JNO, LEES, C.E.
Ovampoland, Olukonda.
I THE undersigned Kambonde Kampingana and my mother Namapula, Para-
mount Chief of the Ondanga tribe of Ovambos, and hereditary owners of the tract and
country embracing the following named places, viz., Noolongo, Okahakana, Okokoepo,
Ombeka, Onfembo, Omahamule, Niadans, Andivisa, Otifiocita, Okasmia, Keoonbuena,
Ohjityika, Bery, Hesheka, Shoomengil, Onyendle, Omutone, Wondfamba, Ondzisa,
Namdozoc. Etosa, &c. &c. &c., and the surrounding country adjacent thereto, hereby
certify and acknowledge having this day sold the same to William Worthington
hundred pounds paid to us this day.
Jordan for the sum of
We have sold this country in the presence of the under-mentioned missionaries of the
several stations of our tribe.
+ Blank in original copy.
A
In case it should at any time become necessary for Mr. W. W. Jordan to hold
possession of the above-named country by force, we pledge ourselves to assist him and
to do so with the strength of the whole of our tribe.
This deed of sale is written in the English and Ovambo language, copies of which
are in our possession.

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NAMAPULA.
Please Note. The places named are those forming the boundary lines of the above-
named tract of country.
(Signed)
W. W. JORDAN.
TRANSLATION.
I HAVE received your letter from the 17th November 1885.
The territory about Otavi is disputable between you or the Ovambos and the Herero
nation. Till the question shall be definitely settled, I as representative of the Imperial
German Commissioner, issue the following enactment:-
In consequence of the preliminary information which I have gathered the Herero
will at present be protected in their possession of Otavi.
I therefore request you and those Boers commissioned by you to sojourn on neutral
grounds till the question shall be definitely settled.
I expressly remind you that this enactment on the possessions will not bias the
decisions upon the ownership.
The German Government can but consent to a settlement of Boers in a territory
under Germau protection provided that it is performed in a just and peaceful manner,
as such would be favourable to the advancement of civilization in this territory.
Please make the Boers acquainted with the above.
In a matter concerning you personally I am sorry to be obliged to inform you that
1 must for the present sanction the prohibition of the Chief Manatie of Omaenen
which inhibits the transport of goods belonging to you through his country, in con-
sideration of the notorious hostile behaviour which you have formerly shown towards
the Hereros and which has been evidently declared to me by creditable Europeans.
It will depend on your future behaviour how long the prohibition shall continue.
On the other hand Manaltie has been instructed to treat your person and that of your
people with the most forbearing consideration.
The Imperial German Commissioner,
for his Representative.
(Signed) L. NELS.
Upingtonia, Groot Fontein,
April 26, 1886.
SIR,
TO-DAY I am in receipt of your letter of the 26th January, and in reply beg to
inform you that by virtue of deed of purchase and by right of occupation I and the
burghers of the district intend holding firm possession of the same, and totally ignore
the pretentious claims of the Hereros to this portion of Ovamboland in which is
situate the Otavi Mines.
In re to your actions in sanctioning the prohibition of my goods and transport
passing through Damaraland, and of your assuming sovereign rights prior to the con-
firmation of the German Imperial Government to the establishing its protectorate over
Damaraland, I will hold you responsible for all losses I sustain in my business or
otherwise.
To the Imperial German Representative,
Otymbingue.
Any further communication you have to make on this subject you will please
address to Jno. Lees, Esq., 9, Cape Good Hope Bank Chambers, Cape Town.
(Signed) W. W. JORDAN.
<
Sketch Map showing the new Settlement named Upingtonia.
H 3
62
No. 74.
COLONIAL OFFICE to FOREIGN OFFICE.
SIR,
Downing Street, August 28, 1886.
65
WITH reference to previous correspondence on the subject of the so-called settle-
ment of Upingtonia," in the north of Lüderitzland, I am directed by Mr. Secretary
Stanhope to transmit to you a copy of a letter from Mr. C. Warren, together with a
copy of the reply,† which Mr. Stanhope proposes, if Lord Iddesleigh concurs, to cause
to be addressed to Mr. Warren.
The Under Secretary of State,
Foreign Office.
No. 75.
FOREIGN OFFICE to COLONIAL OFFICE.
The Under Secretary of State,
Colonial Office.
I am, &c.
(Signed)
Foreign Office, September 7, 1886.
SIR,
I AM directed by the Earl of Iddesleigh to acknowledge the receipt of your
letter of the 28th ultimo, relating to certain disputes which have arisen between
Mr. W. W. Jordan, of Upingtonia, and the German Representatives in Lüderitzland;
and I am to state to you, for the information of Mr. Secretary Stanhope, that his
Lordship concurs in the terms of the reply which it is proposed to address to
Mr. Warren on this subject, and of which a copy was inclosed in your letter above
referred to.
* No. 73.
† No 76.
R. H. MEADE.
I am, &c.
(Signed)
No. 76.
COLONIAL OFFICE to CHARLES WARREN, Esq.
SIR,
Downing Street, September 9, 1886.
I AM directed by Mr. Secretary Stanhope to acknowledge the receipt of your
letter of the 11th ultimo, relative to certain disputes between Mr. W. W. Jordan, of
Upingtonia, and the German Representative in Lüderitzland.
I am to acquaint you that it has been agreed between the German and English
Governments that the latter will not seek to exercise political influence north of the
Orange River and west of the 20th degree of east longitude; and as the so-called settle-
ment of Upingtonia lies within these limits, the disputes to which your letter refers
are not matters in which Her Majesty's Government could undertake to interfere in
the first instance. If Mr. W. W. Jordan feels aggrieved at the conduct towards him
of the local German authorities, his proper course would appear to be to make a further
ormal representation to them, but Mr. Stanhope is not disposed to think that the
papers before him show that up to the date of Mr. Jordan's letter any decision adverse
to his interests had been come to.
The original enclosures to your letter are returned herewith.
C. Warren, Esq.
T. V. LISTER.
‡ No. 74.
I am, &c.
(Signed)
R. H. MEADE.
63
No. 77.
The RIGHT HON. SIR HERCULES ROBINSON, G.C.M.G., to the RIGHT HON. THE
EARL GRANVILLE, K.G. (Received September 15, 1886.)
MY LORD,
Government House, Cape Town, August 25, 1886.
*
I HAVE the honour to acknowledge the receipt of your Lordship's Despatch
of the 27th March last, covering a copy of a letter from the Foreign Office, en-
closing a translation of a communication from the German Ambassador in London
relative to a complaint from the Chief Manasse Noreseb of Hoachanas that the
Northern and Western boundary lines of the British Protectorate of Bechuanaland cut
off about 600 German square miles of the lands and hunting grounds belonging to the
"Red People."
2. In compliance with your Lordship's desire to be furnished with any information
in the possession of this Government as to the extent of the territories of the "Red
People," I have the honour to forward a copy of a Minute which I have received from
Ministers covering reports upon the subject by various gentlemen who have a special
knowledge of the Namaqua tribes.
3. It appears from these papers that Manasse Noreseb is not the legitimate successor
of Hoassiep, the last Captain of the "Red Nation" residing at Hoachanas, but was
made captain by the missionary living at that station, assisted by 13 of the tribe,
without the sanction or knowledge of the whole tribe, which numbered some 650 men,
and who recognised one of Hoassiep's grandchildren as captain. Colonel Eustace, the
Civil Commissioner of Namaqualand, whose report is enclosed, states he cannot find
any evidence to substantiate Manasse Noreseb's claim to any territory east of the
Nosop River, and he adds that his claim to 600 German square miles east of the
western boundary of the British Protectorate (20 East longitude) is simply pre-
posterous."
•
4. Dr. Theophilus Hahn, in his Memorandum on the Namaqua tribes, also enclosed.
omits all reference to the personal claims of Manasse Noreseb, but gives a more
extended boundary to the territorial claims of the "Red People," placing the eastern
limit about longitude 21° 30′ East, and stating that the Bushmen in that part of the
Kalahari stand under their sway.
5. It is evident, however, that the claims of Captain Manasse Nereseb to para-
mountcy over the bushmen in the Kalahari Desert are of so shadowy a character as to
be of no practical importance. Any other boundary than an arbitrary astronomical
line through such an unknown desert would be an impossibility, and it is inevitable
that in the case of any such line drawn without reference to ethnological or topo-
graphical considerations, questions such as the present must arise with reference to
claims which are sure to be set up by Chiefs on both the British and German sides of
the boundary.
6. The German Government might, I think, be informed that the British Protectorate
does not in any way interfere with native territorial rights, and if the boundaries of
the Protectorate should be found to include lands or hunting grounds to which the
"Red People" have prescriptive rights, they will not, as assumed by the German
Government, be deprived of them.
I have, &c.
(Signed) HERCULES ROBINSON,
High Commissioner.
The Right Hon. the Earl Granville, K.G.,
&c.
&c.
&c.
Colonial Office.
Enclosure in No. 77.
MINISTERS to GOVERNOR.
Minute No. 1–103.
Colonial Secretary's Office, Cape Town.
August 20, 1886.
WITH reference to the Minute of his Excellency the Officer Administering the
Government, No. 18 of the 28th April last, transmitting copy of a Despatch from the
* No. 54.
H 4
64
Right Honourable the Secretary of State for the Colonies inquiring as to the boundaries
of the Red People of Great Namaqualand, and also requesting that a Memorandum
may be obtained on the subject of the Red People by one of the officers who have a
personal acquaintance with the Namaqua territories, Ministers have the honour to for-
ward herewith, for the information of his Excellency the Governor, and for trans-
mission to the Secretary of State, copies of reports upon the subject by Colonel J. T.
Eustace, Civil Commissioner and Resident Magistrate of Namaqualand, by Mr. J. W.
Herridge, a trader who has been travelling through the country for the past 31 years,
and by Dr. Theophilus Hahn.
(Signed)
THOMAS UPINGTON.
SIR,
CIVIL COMMISSIONER, Namaqualand, to COLONIAL SECRETARY'S OFFICE.
The RED PEOPLE of GREAT NAMAQUALAND.
May 24, 1886.
I HAVE the honour to acknowledge your letter of the 5th instant, covering
enclosures, which I herewith return, and requesting my report on the same. I
enclose a report. At the same time I would beg to remark that the claims of all
native Chiefs, as far as my experience goes, are mostly of recent date, and are
generally disputed by their neighbours.
Possibly the Secretary for Native Affairs could give you further information upon
this subject. Had Mr. Herridge's information (one of the old traders in Great Namaqua-
land) been taken last year by the Commission then sitting, when he accompanied me
to Cape Town, he could have given from actual knowledge, the extent of the territories
of the different petty Chiefs in Great Namaqualand who exact from these traders
money or goods for permission to trade in their territories.
I have, &c.
(Signed) J. T. EUSTACE,
Civil Commissioner.
(Extract.)
REPORT upon certain claims made on behalf of MANASSE NOLASIB, styling himself
Captain of the Red Nation." to territory eastward of longitude 20° east.
66
THE people calling themselves by this name ("The Red Nation") were one of the
Hottentot tribe, divided into many clans, which, at the beginning of this century,
inhabited the country on both sides of the Garriep or Orange River. They recognised
no paramount Chief.
Somewhere about 1815 a Bastard Hottentot, named Africaner,
assisted by a band of people of his own race, runaway slaves, and others from this
Colony, being armed with firearms, made a successful inroad into Great Namaqualand,
killed and robbed, after the fashion of the stronger with the weaker races, and drove
the remnants of the "Red Nation" northwards; though many of the women inter-
married with their conquerors, and some of the men attached themselves to different
Chiefs who then established themselves in Great Namaqualand.
The last Chief of the "Red Nation" of any note and influence was Noassiep, who
had established himself at a place called Zwart Modder, near the Oomoep River; he died
some 25 years ago. This Chief trekked from this place to the northward, and having
procured firearms and assistance from colonial Bastards, destroyed Beast Damaras,
Berg Damaras, and Bushmen, and took possession of their country, eventually
stationing himself at Hoachanas.
This Chief, I am informed on reliable authority, left two brothers and grand-
children, one of whom was recognised as captain after Noassiep's death, but the
present Mannassi Nolasib, who was only a cousin of the late Chief, was made captain
by the missionary residing at that station, assisted by 13 of the tribe, without the
sanction or knowledge of the whole tribe, which numbered then some 650 men besides
some 300 Bastards, colonial subjects who left this Colony about 1856.
The boundaries of the Chief residing at Hoachanas begins in Fish River and
continues up north and west to within 20 miles of Rehoboth; the south of that river
65
is claimed by Captain Adam Kok of the Groot Dood tribe, turning from Fish River
north through Bitter Flats, some 126 miles to Bushlice, thence east to the Nosop
River. The territory lies between Rehoboth on the west, bounded on north and
north-east by Damaraland, on the east by Chief Andries Lambert, and the Karakico
tribe and Witboois. I cannot find any evidence to substantiate this petty Chief's
claim to any territory eastward of the Nosop River.
Hoachanas, according to my map, is situated between 18 and 19 east longitude.
His claim for an extension of 600 German miles beyond cast longitude 20° is simply
preposterous, and to my knowledge has never been recognised by any native tribe or
trader who hunted in those grounds before the "Red Nation" drove out the Bushmen
and Damaras from their present home.
The Kalihari Desert has long been the hunting ground of the different tribes.
of Great Namaqualand, and I suppose will more or less continue to remain so, now it
is under the British Protectorate, but to allow any petty Chief to occupy a large
extent of this territory, to interfere with traders of all nations who make use of these
hunting grounds, and to subject them to the exactions these petty Chiefs are in the
habit of making, would, I believe, very properly tend to raise a resistance on the part
of traders and natives, and probably a general disturbance in this territory.
66
I notice this so styled "Captain of the Red Nation" claims this addition of territory
because it belonged to the Bushmen subject to him." I know of no Bushmen under
Native Chiefs, or who have any permanent hunting grounds.
(Signed) J. T. EUSTACE,
May 24th, 1886.
Civil Commissioner
and Resident Magistrate,
Namaqualand.
Great Namaqualand, July 1886.
SIR,
A FEW weeks ago you wrote requesting me to give you as much information as I
could concerning the young Chief Manasseh Narrosiep of the Red Nation. At the time
I was unable to do so as well as I could wish, and I have had to hunt up many old
papers and books. I have been riding about in that country for 34 years. To make
the subject plain to you or anyone who wishes for information upon it, I will commence
with the north bank of the Orange River.
One Joseph Fredericks claims the country on the west side of Great Namaqualand
to the Great Fish River, which empties into the Orange. The east side to that river is
claimed by Captain William Christian of the Bondelswarts tribe, up to the Comac or
Lion River, which empties into the Great Fish. This is about 62 miles.
Joseph Frederic ks' ground runs up on the west side to where Sheep River joins the
Fish River. It then turns S.W. on the mountain to a small fountain called Kicompes.
It then crosses the flat to Gauas, then in the same course to Sand Verroer, then along the
belt of Roode Kop down the hill to Bijzondermeid nearly north, strikes up a hill to the
right of water, passes the road that leads to Beersheba along the same range of mountains
west to Gaap River, passes that to Kycompies a little south of the water, thence along the
same range north-west to Nodop River, up on south side of that river to Break Horn.
thence S.W. along a river to Long Water, passes through the river and over the road
which runs from Grootfontein to Gibeon, strikes across a flat to Numchance some 22
miles in a westerly direction through the mountains west to Dabip, thence through
sands to the sea. In all some 260 or 270 miles. This is as it was described to me by
Captain David Christian in 1856.
This shows that Joseph Fredericks' territory lies south of Manasseh Narrosiep's.
I shall proceed further with boundaries, but shall presently have something to say
in reference to Joseph Fredericks, and how his forefathers came into that country.
Now for Adam Cole, captain of the Groot Dood, an old Namaqua tribe.
In early
days, under the Chief Hymop, they moved up at the same time that the Red Nation
did from the neighbourhood of Houp, Break Back, Back River, and above the Lion
River close to the Bondelswarts. They are in possession of a tract of land from Fish
River south of "Vlees," south to Klein Garris, south over a strong flat to Break
Horn, thence along the northern side to Joseph Fredericks' territory to Numchance.
There it strikes away north some 11 miles above "Slyk" through Bloem, Fish River
at Pack Riem, through the flats and mountains to Great Fish River, and down the
eastern bank of the Fish River to the south side of Manasseh Narrosiep of the Red
Nation.
U 50462.
I
66
Thus there are two Chiefs south of Manasseh Narrosiep who do not acknowledge
him or his power.
I shall now come west of Manasseh Narrosiep. His boundary runs from the Fish
River north to Bush Lice; on the south-west of his ground is a mission station called
Paport. This is now occupied by Bastards. Hermanus Van Wyk is their captain.
They have been about 18 years from the Colony; this place has changed hands
three times within my knowledge. First old Jan Yonker, a run-away slave from the
Cape, with others, took possession of it. After clearing out the Bushmen and Berg
Damaras he held it for some five years, and in fact he was master of the whole country.
He then drove the Cattle Damaras further north to Wind Hoek, and made his station
there. Whether he gave it to old William Swartboy, captain of the Topnaars, or
not, I cannot say. I met William Swartboy's son in Ovampoland, and he told me
that Jan Yonker had sold it to his father for a horse and three guns. I have since
been informed that William Swartboy's eldest son parted with it to Hermanus Van
Wyk for but little more.
Further west of Paport south of Bels Poort and extending to the sea, the land is in
possession of the present Chief. Jan Yonker. Further north, on the Buckberg side,
are Berg Damaras. From the west up to Little Vlei aro Damaras under the Chief's
Kameroe and Kymeoc, and Swartboy's people, passing the northern boundary of
Captain Manasseh Narrosiep of the Red Nation.
Not one of those Chiefs or captains recognises him to have more right or power than
any of themselves; in fact, not so much as many of them. In the first place, Manasseh
Norrossiep is a young Chief of only four years' standing; next, he is not of the blood
of old Hoasiep; thirdly, there are two sons of old Hoasiep's son alive; fourthly, he
was made captain by the missionary and 13 of the men on the place without consulting
the whole tribe, and according to Namaqua law it is usual, when a captain is shot or
dies a natural death, to call the other Chiefs to appoint a successor.
I
I hope I have now satisfied you as to the country on the south, west, and north of
Captain Manasseh Narrosiep's territory and as to his neighbours around him.
will now turn east to the Chief Merincq at Lake Ngami and the Chief Andries
Lambert, of the Great Cawas tribe. I will commence with Lambert.
You are aware
that early in 1885 I travelled among most of the Chiefs. The two or three whom I
did not visit in person I wrote to, and sent the letters by special messenger. On this
occasion I visited Lambert. After a meeting of his council I told him I had a copy of
the boundaries of the territory of the old Chief Amnal, who came formerly from the
Colony, and I should like to hear from him and his councillors if they still remained
the same. He replied they were the same.
I said, formerly you claimed Little Vlei and the large tract of ground to Tsiep River,
say
20 miles in breadth and 44 miles in length. I know that the Damara captain
Kimimoo claims this as his down to Breaker End; some day this ground will cause you
and your old men trouble and perhaps bloodshed. My advice to-day to you is to lay
no further claim to it. When I first knew you, you were over 700 men, and rich in
stock of all kinds; now you are little more than 200, and in poverty.
The Chief replied that he would consider the matter with his councillors, and give
me an answer the next day.
The next morning I was called to a council, when the captain, the magistrate, and
some 30 old men took my view of the matter. Late in the afternoon I gained my
point, and it was settled that the boundary should be as follows :—
From Beater End eastward to Nosiep River, thence north through flats, down a hill
to Kabips tobacco place, thence up through flats about midway between Witte Vlei and
Nosiep River, north-east to White Stone Fountain, keeping the stone pits in a line,
thence to Tsiep River, leaving Gobies 19 miles to the east, and Witte Vlei 20 or 22 miles
to the west, thence eastward up the Tsiep River, as near as I can reckon by riding
with waggons on hunting trips 160 miles, thence south through along Camelthorn Forest
for some 74 miles without water to Tortoise Pits, where a little water is obtained by
sucking through a reed in sand, thence south to Elephant Stream or Kloof, a good
water between two mountains, or I may say a long velt with a break in the middle
little below the water, say 300 yards, thence up the main road from Great Namaqua-
land and Damaraland to Rietfontein, thence to Cauca, thence to Robies, thence down to
the lake. By this road their line runs down south-west to Seven Pits, about 19 miles
from Elephant Stream or Kloof, it then strikes across flats of sand and a thick forest
for some 64 miles to Koesieppan. It then turns west through a forest of camelthorn
trees for some 30 miles to Goams, a fountain in a pan ground, thence it runs south
through a long flat of sand downs and trees some 80 miles to Armaus Pits, where
67
water is found in pits made by Bushmen and naked Damaras, who now live further
eastward on the western border of the Kalibari. The Ime then strikes through
another flat of some 30 miles to Fat, a fountain, thence nearly west to Vogelstruis Koei,
then down a flat to Nosiep River, thence up the western side of Nosiep River, passing
Nos-anibies tobacco place. It then continues its course up to where Beaker End River
or Valley empties itself into Nosiep. This ends the line of the Chief of the Great
Cawas tribe.
Now I will begin with Simon Cooper of the Karakies tribe. His place of residence
is Narocos in Hoodup River, and his boundary begins where I turned north from
Lambert's, and runs on the west side of that until opposite Kanca, where it meets the
Chief Witboy's ground, then it turns east to Hoodup River, east to Zwartfontein, at
Kanicel Vlei turns south-west over flats some 24 miles to a fountain called Chabip.
then runs south-east through flats to within 14 miles of Quamboce, then east through
Dabip River, east through Hoodup River some 60 miles below Karacas, then stikes
away into the western side of the Kalihari Desert. In fact I am of opinion that he
lays claim to a large tract of ground on the western side of the Kalihari. If not, his
people make use of it in hunting. However. I have never heard that he allows his
people to interfere with Bushmen or Bakalilari in that country.
His men are some
760 or 800 in number. They are of the old Namaqua race, and excellent shots. Like
the others they do not acknowledge Manasseh Norrosiep or the authority which he
professes to have in the country. This will show you who Norrosiep is, and how he is
surrounded west, north, and east. I think I need not trouble you further with those
Chiefs' boundaries; but I will make some remarks upon other matters of which you
may desire information.
There are some 350 Bastards who have no captain. They are now to the best of my
recollection 32 years from the Colony. They were first under the late Chief Goliah of
Beersheba. Then they were under the late old Witboy for some 14 years, when they
resided at Kalkfontein. There they had large gardens, and were doing very well. But
after old Cupido Witboy punished Hosiep for plundering him and his tribe, a few
white traders with most of the Red Nation took refuge in the mountains. Some of
them went south to Beersheba, and others into the western side of the Kalihari Desert.
The Bastards then moved to Sit-fontein, 18 miles from the present Chief Manasseh
Narrosiep's station. They are all intermarried, and could be called one family. Many
of their young men are good hunters and waggon drivers, but I regret to say most are
fond of brandy, and but few are to be trusted out of sight. They still acknowledge
Witboy, but will remain where they are as long as it suits their own purpose. The
boundary between Manasseh Narrosiep and Witboy runs from a place called Witte
Vlei to Zwart Modder, thence to Pance, thence to the Nosiep River. On the east of
that river there is a small tract of land, the cccupants of which, I believe, are termed
his subjects by Manasseh Narrosiep. I have had long experience there, and I am
aware that the Red People go there to hunt ostriches, giraffes, and elands, and fre-
quently hunt the poor naked Damaras that belong to
naked Damaras that belong to the Kalihari, should they find
ostrich feathers, skins, or a few goats in their possession. When I was in that country
in February 1885 such took place. I saw seven cattle and 47 sheep and goats and
other property that had been taken from the naked Damaras.
I must now refer to the Chief Moses Witboy of the Kappatoe tribe, who left the
Colony 40 years ago. When I made a list of them in 1881 they were 870 in number.
They consist of people from the Colony and a number of Griquas, who migrated from
Adam Kok and Waterboers territories, some 30 years ago, some earlier, others later.
The late Cupido Witboy was respected by everyone who had anything to do with him;
he could read and write well in Dutch, and was a firm friend to an Englishman to the
day of his death, at the age of 101 years. His son Moses Witboy, the present Chief,
was then appointed with the consent of three other Chiefs and the whole of his tribe,
and was sworn in as Chief in my presence in the church by the minister. I built
a good brick house at Khosis in this Chief's ground, where I resided for many years
when not on hunting or trading expeditions, and I am well acquainted with the
territory. It lies south south-east of the ground of Manasseh Narrosiep of the Red
Natior.
The boundaries are from Kycompies north-west to Break-Horn, joining Joseph
Frederick's ground. It then runs north through mountains and flats to Klein Garris,
thence to Aardbesjes Vlei, thence down under a range of mountains to Fish River. This
is his western boundary from Break Horn to Fish River, joining that of the Chief Adam
Cole of the Great Dood tribe. The line then runs between two mountains to the top
of a velt, thence some 19 miles to Gariep, a small fountain lying between the two
I 2
68
Chiefs, Manasseh Narrosiep on the south-west side and Witboy on the E. It then
runs through the flats some 18 miles to the upper end of Witte Vlei, thence to Zwart
Modder, thence nearly E., through a long pan ground, inclined to be brack, to Pance, a
fountain beside the waggon road which leads to Litfontein, thence to the south of
Kalkfontein, thence north to Bril Mag. The line then turns east and runs over sand
downs and flats to the Nosiep River, where it meets those of the Chiefs Lambert of the
Great Cawas, and Simon Cooper of the Karakeis tribe. Witboy's line now continues
south along the river to near Zartfontein; it then runs south-west through a long flat
some 50 miles to Dabip, a fountain; it then runs east along a range of mountains to
Gamboce, a strong fountain at the southern end of the Kromme Range, it then turns
south, passing through Feel Grass, through Fish River, over the road to Wara Bath at
Kamecos, leaves little Brak Cross on the east, turns W. through Lief River to
Afterfontein, thence through a flat and over a mountain to Kycomplesis. This shows
the Chief Witboy to be on the east side and next door neighbour to Narrosiep.
On the north are four Damara Chiefs; on the west Zwartboy of the Topnaars, Jan
Yonker and Hermanus Van Wyk on the south Joseph Fredericks and Adam Cole of
the Great Dood tribe; on the east Witboy; at Gibeon station, of the Kappatoes tribe.
Jacobus Isaac; at Beersheba, of the Little Cawas tribe, Chipe of Zwart Modder,
Carolus of the Velschoen dragers; at Houpe and Break Back, William Christian of the
Bondelswarts, and Dirck Filander of the Bastards.
From the Colony came formerly Witboy, Jan Yonker, Dirck Filander, Hermanus
Van Wyk, Jacobus Isaac, and Adam Lambert.
The ground from Elephant Kloof eastward to the western border of the Kalihari
is some 40 miles in extent. There is a large fountain called Rietfontein in the Tsiep
River. Twenty miles further down south-east is another fountain called Drive Sand,
and again south-east is another called Kalkfontein. This I presume will be about the
western border of the Kalihari that the English have taken under their control, though
the maps give but little information on this point. From Rietfontein north-east
through Tsiep to the Okavango River is an extent of ground 500 miles in length and
300 to 350 in breadth to Ovampoland on the west. This large extent of country is
still inhabited by its rightful owners, the bushmen, and a poor Damara tribe; neither
speak the Damara or Namaqua language, but the Bushman language. These people
have not escaped being plundered by Cattle Damaras, namely, the tribe of old Apolles.
On one occasion when I was hunting I had to ride a long distance for water.
On my
arrival at the water I saw two Bushmen, a woman and a female child, lying dead.
They had been shot for drinking this water in the night by Apolles Damaras, who
were standing under a camelthorn tree by the water. I reported this to Apolles, also
to Kamaherero in a letter, but no notice was taken of it. I have frequently found large
camps of these people, 60 to 70 huts of a half round shape.
From the Tsiep River to the lake is the territory of the head Chief Merimie. The
people are mixed Betchuana, are short and thick set, and speak the Namaqua language.
I have, &c.
(Signed) J. W. HERRIDGE.
J. T. Eustace, Esq.,
C.C. Damaraland,
Springbokfontein.
I have read this report of Mr. Herridge's carefully over, and from my knowledge of
the country believe the same to be strictly accurate. I know of no one who has had a
longer experience of the different native tribes living in Great Namaqualand than the
writer.
July 20, 1886.
(Signed) J. T. EUSTACE,
C.C. and R.M,
Namaqualand.
Farm Welmoed, Lynedoch Station,
SIR,
July 15, 1886.
I REGRET very much that want of leisure did not allow me to reply at an earlier
date to your inquiries about the territory of the so-called "Red People" of Great
Namaqualand, as contained in your communication No. 9/699/101, dated 17th June
1886.
At the same time, in order to supply you with all information in my possession, 1
was anxious to go over my diaries of travels where I had made notes concerning the
(69)
Namaquas and the question of the'r geographical distribution. The Namaquas form
the most numerous tribal branch of the Hottentot proper or nomadic Hottentot, who
call themselves in their own language Khoikhoi, or men of men. They, as far as
linguistic and ethnological and historical evidence goes, never migrated from or left
their native land. This Namaqualand of olden times had, at the times when the
Dutch took possession of the Cape of Good Hope, for boundaries, in the west the
Atlantic Ocean, in the south a line drawn from the mouth of the Olifants River on our
west coast towards the Kabiskouw Mountains in the Calvinia District. hence on the
cast a line drawn towards Kenhardt to the north up the drains of the Nosob River
(ie., about longitude 21 E. of Greenwich) to latitude 24 S., and hence in about a
straight line to Lake Nugami. (This word Nugami is the Namaqua expression for
water, having the Bantu or Kafir prefix n.)
This clearly shows that the Lake Bechuana adopted the original Hottentot or
Namaqua word Ugami for the lake when they took possession of Lake Nugami and
environs.
From the Lake Nugami again the boundary to the north is marked by a line formed
by latitude 18° 30' towards the east, until it reached about longitude 17 east of
Greenwich and hence to the Lake Nugami.
This Great Namaqualand was separated from Little Namaqualand in the south by
the Orange River or Garib.
The most important tribe in Little Namaqualand were the Kowesis, who in about
1834 migrated from the Khamiesberg to Griqualand (now the Diamond Fields) and
afterwards wandered from there to Great Namaqualand, and form now Kido Witbooi's
people, with the mission station Gheami's, Great Namaqualand.
They have constantly tried to conquer the Red People and to become the rulers of
Great Namaqualand. The most important tribes of Great Namaqualand were the-
(1.) The Geiukhous, or Red People.
(2.) Geinams, or Great Karosses.
(3.) The Aunis, or Topnaars.
(4.) The Khara-gei-Khois.
(5.) The Khara! oas.
(6.) 110-Geis, or Great Death.
(7.) 110-Gei-Geis, or Great Great Death.
(8.) 11 Habobes, or Veldschoendrages.
(9.)! Gaminus, or Bundlezwarts.
All these tribes are closely related to each other and acknowledge the supreme authority
of the "Red People" or Ġeiukhous, whose Chiefs from times immemorial were at the
same time the Paramount Chiefs of Great and Little Namaqualand, and up to 1863
this was acknowledged annually by the various tribes by paying to the Chief of the
Geiukhaus, heifers. Through British occupation Little Namaqualand became separated
from Great Namaqualand, and for the last 50 years the Bundlezwarts were in treaty
with the Colonial Government, and thus gradually extricated themselves from the
influence of the Paramount Chief, although the old men now even among the Bundle-
zwarts do not deny to the Red People the supremacy.
Then in the commencement of this century the Cattle Damaras or Herero, a Bantu
or Kafir tribe, conquered the greater part of North Great Namaqualand, coming from
the north, and occupied since what is termed now Damaraland proper.
These Damaras had in 1823 driven the "Red People" as far south as latitude 24°,
when Gameb, the then Paramount Chief, called in the aid of the famous Jonker
Afrikaner Haranaib, a Colonial Hottentot, who had taken up his residence with his
tribe at Blydeverwacht, east of Warmpad in the south-east of the country.
Jonker drove the Damaras back and enslaved them, and took possession of North
Namaqualand between latitude 21° 23′ and the Atlantic and longitude 18 E. of
Greenwich.
But he never could deny the paramount chieftainship to 110asib, the Chief of the Red
People; for in 1858 110asib called all the Chiefs of Great Namaqualand together at
! Hoaxa! nas, the present head-quarters of the "Red People." They all obeyed the
call. At this meeting Jonker Afrikaner said to 110asib, "Come, let us first smash up
"the Damaras, and afterwards we shall fight it out between ourselves who shall be
"the Paramount Chief of Great Namaqualand." These words can be historically
proved, and clearly show who the Paramount Chief was.
In the commencement of this century several Orlam or Colonial Hottentots, partly
with Bastard blood, crossed the Orange River in search of new ground. Thus, what
I 3
70
is now Amraals people or Gobahis people in the north-east, settled with Gamus' per-
mission at Gobahis. They are the Canguas of the Cape Records.
The Amaquas in two branches also crossed with the Rev. Schmeler, of the Loudon
Missionary Society, in 1814, the Orange River, and bought from the "Red People
what is now called the Bethany and Angra Pequena territory for axes, knives, spears,
and various iron tools, but they always acknowledge the supremacy of the Red People.
When the Hai Cauas or People of Paul Goliat, a branch of the Colonial Cauquas,
took possession of what is now the Bersaba territory, long. 17-18° and lat. 251–27°,
they had to pay 110asib, the Paramount Chief, a young mare, for not having
asked his permission, and had to acknowledge his supremacy. In the first Damara
war from 1861-1870, in which the late Chas. Anderson played a part, the Orlam
or Colonial Hottentots tried to throw off the supremacy of the Red People."
They partly defeated the latter, but among the inhabitants of Great Namaqualand the
feeling up to this date has not been removed that the Red People" are the leading
tribe of the country.
66
66
The Red People" now still occupy the territory between the Atlantic Ocean and
lat. 23° and 25° towards the east, to about long. 21° 30′.
They live still in large numbers on and along the road to Lake Nugami, and in 1877
from April till June I was hunting in other grounds chiefly between the parallels 221
and 24 and longitude 19-21° with the permission of the Chief Barnabas.
While other traders and hunters were molested and prevented from hunting, the
"Red People" then as well as the Gobabis people never in one single instance interfered
with me or my hunters, when they were told by the guide Barnabas had sent with
me that I had come there with the permission of the Chief of the "Red Nation."
>>
There were many old and grey men of the "Red People who told me that they
had never seen their Chief yet, but they would have to go and see him if he would
send for them. All the Bushmen in that part stood under their sway, and they told
me that even the Bushmen near Ghange and Kobis on the road to Lake Nugamis were
their Bushmen.
This is what I have gathered on my travels about the geographical distribution of
the Geiukhous or " Red People of Great Namaqualand.
*
While all other Namaqua tribes more or less shifted about the country, they never
left their grounds. From times immemorial the graves of their Chiefs are at Hatsamas,
the old residence kraal east of Rehoboth, on the bank of the Gubagub River.
I have, &c.
(Signed)
THEOPHILUS HAIN.
The Honourable the Colonial Secretary,
Cape Town.
No. 78.
The RIGHT HON. SIR HERCULES ROBINSON, G.C.M.G., to the RIGHT HON.
EDWARD STANHOPE, M.P. (Received September 29, 1886.)
"
Government House, Cape Town,
September 8, 1886.
SIR,
I HAVE the honour to acknowledge the receipt of Earl Granville's Despatch
of the 31st July last, covering a copy of a correspondence between the firm of
Daniel de Pass and Co. and the Colonial Office respecting the claims of that firm on
the West Coast of Africa in connexion with the bankruptcy of Mr. Spence.
I enclose, for your information, a copy of a report by Mr. John Graham, the High
Sheriff, and newspaper cuttings, giving reports of the meeting of creditors in the
insolvent estate of Mr. John Spence.
* No. 70.
I gather from Mr. Graham's report that the claim made by the firm of Daniel de
Pass and Co. in their letter of the 27th July last ‡ is contested, and is likely to become
the subject of litigation in the Supreme Court of this Colony.
I have, &c.
(Signed) HERCULES
The Right Hon. Edward Stanhope, M.P.,
&c.
&c.
&c.
† Not printed.
ROBINSON,
High Commissioner.
+ No. 68.
71
Enclosure in No. 78.
MINUTE OF HIGH SHERIFF.
Cape Town, August 31. 1886.
CAPTAIN SPENCE'S insolvent estate is now being liquidated by his trustee.
Mr. De Pass has instituted legal proceedings against the Government (as lessor of
the islands) and the trustee of Captain Spence's estate to have it declared that he, Mr.
De Pass, is solely entitled to all the interest of the late firm of De Pass, Spence, and
Co. to and in a certain lease "of the Islands Ichaboe and the Guano Islands, to wit,
(6
Ichaboe, Roast Beef, Albatross, Rock, Halifax, Murray, Possession, Plum Pudding,
"Pomona, Seal, Long, Penguin Hollamsbird and Eighty-four Islands."
Summons has been issued in the Supreme Court, and the action is contested by the
Government and the trustee of Captain Spence's estate.
I append an extract from the "Argus which contains the report of the provisional
trustees in the estate presented at the second meeting of creditors. A summary of the
insolvent's scheduled assets is also given; the latter include the interest in the
islands.
(Signed)
The Imperial Secretary.
No. 79.
COLONIAL OFFICE to FOREIGN OFFICE.
(Extract.)
Downing Street, October S, 1886.
WITH reference to the letter from this Department of 27th March last. I am
directed by Mr. Secretary Stanhope to transmit to you, to be laid before the Earl of
Iddesleigh, a copy of a Despatch from the High Commissioner for South Africa
enclosing reports upon the subject of the extent of the territories of the " Red People,"
with reference to a complaint, received through the German Ambassador in London,
from the Chief Manasse Noreseb that a portion of his territories was included in the
British Protectorate of Bechuanaland.
The Under Secretary of State
for the Colonies.
Mr. Stanhope considers that a communication in the sense suggested by Sir Hercules
Robinson in the last paragraph of his Despatch might properly be made to the
German Government.
*Not printed.
JOHN J. GRAHAM,
No. 80.
The AGENT-GENERAL FOR THE CAPE to COLONIAL OFFICE.
7, Albert Mansions, Victoria Street, London, S. W.,
October 22, 1886.
SIR,
I AM instructed to transmit to you, for submission to the Right Honourable the
Secretary of State, the accompanying copy of a letter (with enclosure) on the subject
of the lamented murder of Mr. W. Jordan, the President of the Bestuur, Upingtonia,
which Mr. J. Gordon Sprigg, Treasurer of the Cape Colony, has here received from
Mr. John Lees.
I am, &c.
High Sheriff.
(Signed)
CHARLES MILLS,
Agent-General for the Cape of Good Hope.
Enclosure in No. 80.
9, Cape of Good Hope Bank Chambers, Cape Town,
September 28, 1886.
SIR,
It is my painful task to call your attention to a paragraph in the Weekly Mail
Edition of the "Cape Times" of the 29th inst., in which is detailed the circumstances of
the murder of Mr. W. W. Jordan, the President of the Bestuur, and purchaser of
Upingtonia.
† No. 55.
I 4
‡ No. 77.
72
The reasons for this deed I feel compelled, on behalf of the family of the murdered
man, a mother and sister at Rondebosch, and those connected with him in political life,
to investigate, as far as my power extends, and as the Secretary of the Bestuur of
Upingtonia is probably now away hunting in the Amhoellas, and will not return for some
time, the reasons may present themselves to his notice which we at a distance fail to
perceive, unless the idea of my correspondent from Walwish Bay, that all white people
have been massacred or left the country, is correct.
May I ask you to bring to the notice of the Right Honourable the Secretary of State for
the Colonies the information now published, and of which there is corroborative evidence.
The writers of these letters are people of good repute.
if
66
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66
66
OVAMPOLAND.
MURDER OF MR. W. JORDAN.
A correspondent, writing from Otjimbinque, Damaraland, under date August 24th,
reports the death of Mr. William Worthington Jordan in Ovampoland, murdered, it is
supposed, by the Chief's brother.
Our correspondent writes:- Since my last letter to you, I have to report with
sorrow that we have received serious news from Ovampoland, reporting the sad
"death of poor Will Jordan, who is supposed to have been murdered by Kambonde's
brother. What may be the cause of this murder we have not yet heard. What-
"ever faults poor Jordan may have had was for the benefit of others, and not for his
"own interest, and we had only hoped that by the weight of his character and by his
great talents that he would have been spared to render great services to his beloved
countrymen. Although, Mr. Editor, I have written in strong language against him,
yet
Will Jordan was a man whom I greatly respected and admired, not only for his
fearless courage, but also for his unassuming manliness. And those who knew him
best know what great courage he had when everything turned agains him. It is
only to be hoped that immediate steps will be taken by our Government to aid us,
"and exterminate this cowardly, wicked, and treacherous Ovambo race. The blood
"of missionaries, the blood of traders, and the blood of Will Jordan to-day cries out.
in vengeance against these people, the Ovambo tribes, and we petition to you, the
civilised Powers of Europe-England, Germany, Belgium, France, and Portugal-
"to come over and help us.
1)
JOHN B. CANE, Damaraland.
เนื่
Hon. J. Gordon Sprigg, Esq., M.L.A.,
&c.
&c.
&c.
(4
•C
I have, &c.
(Signed) JOHN LEES,
Agent for Upingtonia.
From the Cape Times," September 29, 1886.
A private letter received in Cape Town, and dated Omaruro, the 16th of August,
gives the following description of the treacherous murder of Mr. Jordan:-
66
On the 8th of August a report reached here from Ovampoland, announcing the
cowardly murder of Mr. W. Jordan, of Upingtonia colonisation scheme reputation. It
appears that Mr. Jordan arrived at Ondanga on the 29th of June, late in the afternoon,
and spanned out within 50 yards of the missionary house. That night Mr. Jordan's
waggon was surrounded by a lot of Ovampos, but unknown to Jordan, or to any of his
attendants. Early next morning, before sunrise, these Ovampos who guarded the
encampment during the night (for fear lest any should escape) presented themselves at
the waggon and squatted around the fire. They mustered about 30 men, and the
salesman of the Chief Kambonde' was amongst the number and acted as spokesman.
This salesman then spoke to Mr. Jordan's driver (who was sitting by the fire at the
time preparing some tea for his master), and informed him that he was sent by the
chief with an ox as a present or for sale, not certain which, to Mr. Jordan, and that
he wanted to greet him. The driver replied that his master was still asleep, but that
he would call him. Whereupon Mr. Jordan was roused, and got out of the waggon,
greeted all those present, and sat down by the fire, and commenced lacing his boots.
While so engaged the driver handed him a cup of tea, and as Jordan raised himself
C
73
to take the tea, the Ovampos directly opposite him, at a distance of some three feet,
discharged the contents of a double-barrel elephant-gun right into his chest. Mr.
Jordan fell, and death was instantaneous. The driver on seeing this ran to the waggon
for his gun, whereupon the Ovampos opened fire on this poor fellow, and gave him
four bullet wounds, from the effects of which he died some 48 hours after. After this
tragical event they spanned in the waggon and took it down to the chief place, where the
goods contained in the waggon were distributed among themselves. I forgot to
mention that Jordan was stripped quite naked as soon as he fell, and left for some
time where he fell. Two or three hours after the Chief Kambonde' had been informed
that his order to kill Jordan had been duly carried out he dispatched some eight
bushmen to the scene of murder in order to bury Jordan. This they did by scratching
a hole about a foot deep and by rolling the body over into it, and covering it over
with the loose earth. The missionary, Mr.
has kindly built a wall round the
spot as a tribute to his memory. It was also the intention of the Ovampos to kill two
Boers, names at present unknown, who went there to sell a horse and buy some corn,
but owing to the arrival of another trader from Omaruro, the Boers had time to give
them the slip. I am told that it was also the intention of the Ovaquamjama to kill
Mr. Carel Lean, who happened to be trading amongst that tribe about the same time.
that Jordan was killed by the Ovampos. Fortunately for Lean he smelled' a rat and
cleared out, thus saving his life by the skin of his teeth.' The tribe above mentioned
(Ovaquamjama) is the same who so cruelly murdered the Roman Catholic missionaries
some time ago. I have cautioned Mr. Jordan before now to beware of native treachery,
but the poor man foolishly placed too much confidence in his Ovampo neighbours. I
know the Ovampos too well, and have seen enough of their treacherous dealings. If
it had not been that I was always on my guard I would have suffered the same fate
when I made that trip through the Angola country to Benguela. There is little doubt
that Upingtonia' will now collapse, and I think the Boers will soon leave either for
the Transvaal or for Humpata, in the Portuguese territory. From all this you can see
that the trader or hunter in this country, or, in fact, whoever has to earn his bread
down here, is exposed to imminent danger both as regards life and property, and
especially, at the present time, and if I could I would leave the country rather than
expose my life in this manner. Mr. Jordan has a sister in Cape Town and a couple
of brothers in the Colony. I can vouch for the truth of this affair, for I have it from
a friend of mine, and I can fully rely on his statement.
(
})
6
No. 81.
FOREIGN OFFICE to COLONIAL OFFICE.
The Under Secretary of State,
Colonial Office.
Foreign Office, October 29, 1886.
SIR,
WITH reference to previous correspondence, I am directed by the Secretary of
State for Foreign Affairs to transmit to you, to be laid before the Secretary of State for
the Colonies, a Despatch from Her Majesty's Ambassador at Berlin relative to the
Anglo-German claims in South-west Africa.
I am to request that the accompanying Despatch may be returned to this office.
I am, &c.
(Signed)
Enclosure in No. 81.
T. V. LISTER.
MY LORD,
Berlin, October 23, 1886.
I HAVE the honour to transmit to your Lordship herewith a copy of a note
which, in obedience to the instructions contained in your Lordship's Despatch of this
series of the 9th of August last, I have this day addressed to Count Bismarck
informing his Excellency that Her Majesty's Government approve and accept the
arrangements embodied in the Protocol drawn up by Mr. Scott and Dr. Krauel for a
U 50462.
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74
settlement of certain outstanding British claims in the German Protectorate of South-
west Africa, and requesting to be informed of the decision arrived at by the Imperial
Government with regard to the arrangements in question.
The Earl of Iddesleigh, G.C.B.,
&c.
&c.
&c.
His Excellency the Count Bismarck.
&c.
&c.
&c.
M. LE SECRÉTAIRE D'ETAT,
Berlin, October 23, 1886.
HER Majesty's Government have had under their consideration the Protocol
signed by Dr. Krauel and Mr. Scott, containing the joint recommendations of the
Imperial and British Commissioners for a settlement of certain outstanding British claims
in the Imperial Protectorate of South-west Africa in regard to which the Commissioners
at Cape Town failed to arrive at an agreement. I have now the honour to inform your
Excellency, by direction of Her Majesty's Principal Secretary of State for Foreign Affairs,
that the arrangements embodied in the Protocol in question are approved and accepted by
Her Majesty's Government. In acquainting your Excellency with this decision, I am
directed to add that Her Majesty's Government would be glad to be informed whether
the Imperial Government in like manner approve and accept the arrangement in
question.
The Under Secretary of State,
Foreign Office.
I have, &c.
(Signed)
No. 82.
COLONIAL OFFICE to FOREIGN OFFICE.
* Nos. 74 and 75.
I have, &c.
(Signed)
Downing Street, October 29, 1886,
SIR,
WITH reference to the letter from this Department of 28th August, and your
reply of 7th September," on the subject of the Settlement of Upingtonia in Ovamboland,
I am directed by Mr. Secretary Stanhope to transmit to you, to be laid before the Earl
of Iddesleigh, a copy of a letter from the Agent-General for the Cape Colony, with its
enclosures, respecting the murder of Mr. W. W. Jordan, President of the Bestuur of
Upingtonia.
I am to suggest that these papers should be communicated to the German Govern-
ment, observing that the locality of the murder lies to the west of longitude 20 East,
and thus within the limits in which Her Majesty's Government have agreed with
Germany that they will not seek to exercise political influence.
I am, &c.
(Signed)
E. B. MALET.
† No. 80.
EDWARD B. MALET.
No. 83.
COLONIAL OFFICE to the AGENT-GENERAL FOR THE CAPE.
SIR,
Downing Street, October 29, 1886.
I AM directed by Mr. Secretary Stanhope to acknowledge the receipt of your
letter of 22nd instant, with its enclosures, respecting the murder of Mr. W. Jordan,
President of the Bestuur of Upingtonia, and in reply I am to acquaint you that a copy
of it has been sent to the Foreign Office, with a suggestion that the papers should be
communicated to the German Government, as the locality of the murder lics to the
west of longitude 20° E., and thus within the limits in which Her Majesty's Government
have agreed with Germany that they will not seek to exercise political influence.
I am to take this opportunity of transmitting, for your information, a copy of a letter
which was recently sent to Mr. Charles Warren, F.R.G.S., in reply to one in which he
communicated to Mr. Stanhope certain papers respecting disputes between the late Mr.
Jordan and the German representatives in Luderitzland.
Sir C. Mills.
I am, &c.
(Signed)
JOHN BRAMSTON.
JOHN BRAMSTON
‡ No. 76.
75
No. 84.
DANIEL DE PASS, Esq., to COLONIAL OFFICE.
128, Leadenhall Street, London,
November 9, 1886.
SIR,
HAVING reported to you the bankruptcy of Mr. John Spence, I have now
to adviso that the Supreme Court of the Cape has, under section No. 4 of the Cape
Insolvent Law, decided that this share does not fall to me as the survivor of De Pass,
Spence, & Co. The Government are by this judgment entitled to treat Spence's share
as forfeited. I respectfully submit that this lease, the parties to which gave to
Sir P. E. Wodehouse, the then Governor of the Ichaboe Islands, property in another
lease in value some 50,000. That letters passed between parties, in which the under-
standing was come to that we should hold an Imperial lease, and not a Colonial one:
that the harbour of Angra Pequina was to be annexed, so that the islands leased should
retain their value, and it was never contemplated the lease should be forfeited or any
division of interests by separation or partition of the islands for portions of them to
fall to any outside buyer who could disturb the birds and destroy the property.
I beg to repeat that no such intention existed on either side. The then Attorney-
General at the Cape struck out our clauses which we had provided to secure to cach
party to the lease their separate interests, and his evidence can be secured here in
London to this fact. He refused this, and we had then between ourselves to settle
such partitions and provide for one working.
I have throughout held the lease direct from the then Governor of a dependency of
the Crown. I have never been called on to surrender it or accept a Colonial lease, and
in the payment of rent last August I handed to the Cape Government a letter, copy of
which I beg to enclose.
To the Secretary of State for
the Colonies.
Taking all these facts into consideration, if the Cape Government come into this
property through the action of laws unprovided for, I have to urge that you will bring
before the Cape Government the hardship and loss I should suffer should they take
measures to sell this share by public auction, and set up a conflicting disturbance on
our islands to the ruination of my property.
I have, &c.
(Signed)
Enclosure in No. 84.
-
DANIEL DE PASS.
SIR,
Cape Town, July 1886.
IN forwarding yon a cheque for S001. rent due for the Ichaboe Guano leases,
and according to its term, I do not wish you to infer from such payment that I admit
that the Government you represent is my landlord.
It was a distinct understanding when the lease which we still hold under was drawn
up by the then Government of the Ichaboe Islands that we should have during its
continuance the Imperial Government to deal with us as our landlord. When the Bill for
the annexation of the Ichaboe Islands to this Colony was introduced under the adminis-
tration of another Governor, Mr. Spence, one of the parties to the lease, interviewed
the then Colonial Secretary, Mr. J. C. Molteno, and objected and protested against the
transfer of responsibility from the Imperial to the Colonial Government contemplated
by the Bill, and certain correspondence passed on the subject.
At the time the lease was entered into the then Governor, by virtue of an express
stipulation to that effect, and in order to protect and make of permanent value the
islands at Angra Pequina, caused the furtlier annexation of the bay and harbour there
to be effected.
This was done at Penguin Island, and by Captain C. C. Forsyth, H.M.S." Valorous,”
on the 5th May 1866, the manager of our islands being expressly put on board taht
ship to point out the localities required.
These stipulations having been completed, the lessees enjoyed the full advantage of
an uninterrupted occupation until the German settlement, when the German Chancellor
in protecting his German subject Luderitz, whether his claims were tenable or not,
proclaimed German sovereignty over a strip of coast land, and acting upon and by
virtue of an alleged grant to Luderitz from a certain Chief, which grant purported to
include the bay and shore of Angra Pequina.
K 2
76
By this proclamation and consequent transference of sovereignty we have lost the
benefit of a permanent and undisturbed occupation, and we have already by such
German occupation been subjected to a serious loss of guano, notably from Seal and
Penguin Islands. The loss will be continuous and of long duration, in fact until such
time as the birds now scared away return, re-commence their breeding, rear sufficient
of their young, and make the islands named their habitat again; not until then will
these islands give us any return for the rent now paid by us and for the consideration
given for the lease. We filed certain claims before the Angra Pequina Anglo-German
Commission, but up to this they have not been adjudged or settled.
The facts as disclosed before the English Parliament go to show that the Colonial
Government had the option during six months of securing the sovereignty of the bay
and harbour of Angra Pequina, but for some reasons best known to the Cape Premier
he refrained from giving any answer to the British authorities, [who], construing their
silence as unfavourable to this annexation, did not seriously oppose the steps the German
Government were taking.
Bearing all these circumstances in mind, I contend that there has been a breach of
the conditions made at the time the lease was entered into, and that our landlord,
whoever is proved eventually to be, is liable in substantial damages to those interested
in the lease, and to which notwithstanding this or any other payment of rent we shall
hold him.
To the Treasurer-General of the Cape
Government, Cape Town.
No. 85.
The RIGHT HON. EDWARD STANHOPE, M.P., to LIEUTENANT-GENERAL H. DO'.
TORRENS, C.B.
I have, &c.
(Signed)
Downing Street, November 18, 1886.
SIR,
I HAVE the honour to transmit to you for communication to your Ministers the
enclosed copies of correspondence between Mr. Daniel De Pass and this Department,
relative to the forfeiture of the one-third share of the Penguin Islands lease hitherto
enjoyed by Mr. Spence.
The contention of Mr. De Pass appears to deserve consideration before the Cape
Government proceeds to a sale of Mr. Spence's one-third interest, even if your Ministers
are satisfied that a lease can, under the law of the Cape, be determined and put an end
to as to the undivided third share of one co-lessee, while the two remaining undivided
third shares of the other co-lessee continue in full force.
Apart from any legal question, Mr. De Pass appears to desire that the third share
in the lease may not be put up to public auction, as that would be a special injury to
him, as likely to introduce a possibly hostile partner on the islands, who would be in a
position to ruin his interest. I trust that your Ministers, if satisfied that they have
power to sell, may favourably consider this view of the matter, which appears to me
not unreasonable.
The Officer Administering the Government.
DANIEL DE PASS.
(Signed)
*Nos. 84 and 86.
I have, &c.
EDWARD STANHOPE.
No. 86.
COLONIAL OFFICE to DANIEL DE PASS, Esq.
Downing Street, November 18, 1886.
SIR,
I AM directed by Mr. Secretary Stanhope to acknowledge the receipt of your
letter of the 9th instant, urging what you consider to be the hardship of interpreting
the lease of the Penguin Islands by Cape statute law, as has been done by the
judgment of the Cape Supreme Court in reference to Mr. Spence's share.
Mr. Stanhope understands your argument to be that as the lease was granted in
1869 by Sir Philip Wodehouse, as Governor of the Penguin Islands, and not as
Governor of the Cape, and some years before the islands were incorporated with the
† No. 84.
77
Cape Colony, the lease ought to be interpreted according to the law of England, of
which the Penguin Islands were then a dependency, and not according to the statute
law of the Cape Colony. I am to observe that this would appear to make no difference
as far as your interests are concerned, for, if your contention were right, the only
effect would be that the third share of Mr. Spence, instead of reverting under the Cape
Statute to the Crown as landlord in consequence of the bankruptcy, might be held to
have passed under the law of England to his creditors, as represented by his trustee in
bankruptcy, whose duty it would have been to sell the share to the best advantage.
Mr. Stanhope is not aware whether your view as to the non-applicability of the Cape
law was argued in court, and he can, of course, express no opinion upon it. He will,
however, forward your letter to the Officer Administering the Government of the Cape
Colony for the consideration of the Cape Government.
Daniel De Pass, Esq.
No. 87.
DANIEL DE PASS, Esq., to COLONIAL OFFICE.
128, Leadenhall Street, London,
November 22, 1886.
SIR,
I HAVE to acknowledge the receipt of your letter of the 18th instant,* which is
in reply to one I had the honour to address to you dated the 9th instant.†
While thanking you for the consideration given to the points of my letter, and
agreeing as I do with the views of Mr. Secretary Stanhope as to the effect of the Cape
statute law and English law with regard to the share of Mr. Spence.
The real point I wished to convey was, that it having been decided that Cape
statute law and not English law is to be applied to the lease (to which English law
only could apply at the time it was granted to me and others, the property being then
Imperial, not Colonial, and the lease granted by the Imperial Governor), I am now in
possession of a lease the total value of which vanishes on my insolvency, and I am
damaged by the operation of the Cape insolvent law.
The lease is not the bona fide quid pro quo accepted and intended to be given us on
the exchange of properties.
The Secretary of State
for the Colonies.
For instance, I may state that some years ago I raised the sum of 17,0007. as a loan
on these leases, while it would be impossible now to borrow a penny on it. I sought
to convey to you the position of injury I have sustained, and regarding the lease as
an Imperial one for you to submit to the Cape Government that if I lose the appeal and
they do actually become possessed of Mr. Spence's share, having previously received
full consideration for the same, that they should recognise me as the survivor of De
Pass, Spence, and Co., and make over to me this third share for, say a moderate increase
of rent, the amount of which might be mutually arranged, and provide me with such
documents that will protect me from the action of the present Cape insolvent law as
regards forfeiture.
I am, &c.
(Signed) JOHN BRAMSTON.
* No. 86.
† No. 84.
No. 88.
The RIGHT HON. EDWARD STANHOPE, M.P., to LIEUTENANT-GENERAL H. D'O.
TORRENS, C.B.
I have, &c.
(Signed)
Downing Street, November 25, 1886.
SIR,
WITH reference to my Despatch of the 18th instant. I transmit to you a
copy of a further letters from Mr. Daniel De Pass relative to the lease of the
Penguin Islands; and I have to request that you will communicate this letter to your
Ministers for their consideration.
Lieut.-General Torrens.
K 3
I have, &c.
(Signed)
DANIEL DE PASS.
EDWARD STANHOPE.
‡ No. 85.
§ No. 87.
78
No. 89.
COLONIAL OFFICE to DANIEL DE PASS, Esq.
SIR,
Downing Street, November 25, 1886.
I AM directed by Mr. Secretary Stanhope to acknowledge the receipt of your
letter of the 22nd instant,* explaining more fully what are your wishes in regard to
the share of the Penguin Islands lease lately held by Mr. Spence, and in reply I am to
acquaint you that your letter will be communicated to the Officer Administering the
Government of the Cape Colony for the consideration of his Ministers.
I am, &c.
Daniel De Pass, Esq.
(Signed) ROBERT G. W. HERBERT.
No. 90.
FOREIGN OFFICE to COLONIAL OFFICE.
Foreign Office, November 29, 1886.
SIR,
WITH reference to your letter of the 29th ultimo, I am directed by the
Secretary of State for Foreign Affairs to transmit to you, to be laid before the
Secretary of State for the Colonies, copy of a Despatch from Sir E. Malet, Her
Majesty's Ambassador at Berlin, relative to the murder of Mr. Jordan.
I am, &c.
The Under Secretary of State,
Colonial Office.
Enclosure in No. 90.
The Earl of Iddesleigh, G.C.B.
&c.
&c.
* No. 87.
(Signed)
MY LORD,
Berlin, November 17, 1886.
WITH reference to your Lordship's Despatch of the 10th instant, relating
to the murder of Mr. W. W. Jordan, President of the Bestuur in Upingtonia, I have
the honour to enclose copy of a note verbale on the subject, which I sent to the German
Ministry for Foreign Affairs on the 15th instant.
Count Bismarck spoke to me with regard to it yesterday and said that the Imperial
Government was still in negotiation with the Portuguese Government respecting the
northern limits of the territory over which Germany desired to exert its influence,
but until these negotiations were completed the authority of the German Government
would not be exerted in the regions concerned, and the tribe of Ovampos appeared to
be within them.
I have the honour to return the original enclosures in your Lordship's Despatch.
I have, &c.
(Signed)
T. V. LISTER.
THE Imperial Government has doubtless been made acquainted with certain claims
set up by a settler named Mr. W. Jordan, in territories in South Africa, to which the
name of "Upingtonia" has been given, lying between 15 and 20 east longitude, and
18 and 20 south latitude. These claims having been brought to the notice of the
Colonial Office, the Secretary of State for the Colonies replied with the approval of
the Secretary of State for Foreign Affairs, that it has been agreed between the German
and English Governments that the latter will not seek to exercise political influence
north of the Orange River or west of the 20th degree of cast longitude, and that as
the so called settlement of Upingtonia lies beyond these limits the proper course for
Mr. Jordan, if he considers himself aggrieved, is [at liberty?] to make further repre-
sentations on the subject to the local German authorities. Since then, news has arrived
that Mr. Jordan was murdered at Ondanga on the 20th of June at the instigation of a
Chief named Rambondo, and the circumstances of the case have been laid before the
Secretary of State for the Colonies as the murder took place beyond the limits of
British interests.
† No. 82.
E. B. MALET.
Sir E. Malet is instructed to acquaint the Imperial Foreign Office with it, and
to lay before it two newspaper extracts purporting to give an account of what took
place.
It is requested that the Imperial Foreign Office will be so good as to return these
documents when done with.
(Signed) E. B. MALET,
No. 91.
COLONIAL OFFICE to the AGENT-GENERAL FOR THE CAPE.
SIR,
Downing Street, December 10, 1886.
I AM directed by Mr. Secretary Stanhope to transmit to you, with reference to
your letter of the 22nd of October, the accompanying copy of a letter from the
Foreign Office, enclosing one of a Despatch from Her Majesty's Ambassador at Beriu,
with regard to the murder of Mr. W. W. Jordan in Ovampoland.
A copy of the correspondence has been sent to the High Commissioner for South.
Africa.
Sir Charles Mills.
79
The Under Secretary of State,
Colonial Office
No. 92.
FOREIGN OFFICE to COLONIAL OFFICE.
SIR,
Foreign Office, January 24, 1887.
WITH reference to the Colonial Office letter of the 2nd of August last, I am
directed by the Marquis of Salisbury to transmit to you herewith, for the information of
Her Majesty's Secretary of State for the Colonies, a copy of a note received from Count
Hatzfeldt, the German Ambassador at this Court, stating that the Imperial Government
agree to the proposals contained in the Protocol, a translation of which is herewith
enclosed, and which, on the 15th of July last, was signed by Mr. Scott and Dr. Krauel,
the English and German Commissioners, respecting the rights of British subjects in the
South-west African territories under German protection.
* No. 80.
(Signed)
I am, &c.
Enclosure 1 in No. 92.
JOHN BRAMSTON
† No. 90.
K 4
I am, &c.
(Signed)
(Translation.)
MY LORD,
In a note of the 23rd ultimo the British Ambassador in Berlin informed the Imperial
Government that his Government agreed to the proposals contained in the Protocol, the
German version of which is herewith enclosed, respecting the rights of British subjects
in the South-west African territories under German protection, which Protocol was signed
on the 15th of July last by Mr. Scott, the First Secretary of the English Embassy in
Berlin, and Dr. Krauel, Privy Councillor of Legation.
Sir Edward Malet stated at the same time that the British Government wished to be
informed whether the Imperial Government also agreed to the proposals in question.
In reply, I am instructed to express the concurrence of my Government in the
posals made in the enclosed Protocol.
pro-
The Imperial Government is prepared to take the necessary steps to communicate the
provisions of the Protocol to those interested, and as far as necessary to superintend the
execution of those provisions through the Imperial officials in the protected territory.
I have, &c.
His Excellency the Earl of Iddesleigh.
+
German Embassy, London,
November 13, 1886.
(Signed)
ܓ
P. W. CURRIE.
+4
‡ No. 71.
N. HATZFELDT.
80
Enclosure 2 in No. 92.
PROTOCOL.
THE undersigned Commissioners, baving met and discussed fully those British claims
in the territories placed under German protection in South-west Africa, upon which
Messrs. Bieber and Shippard, the Commissioners at Cape Town, had disagreed, agree to
submit to their Governments the following recommendations:-
1. Ebony Mines.
That if Robert Lewis or his assigns desire to work this mine, he or they be at liberty
to do so, and to convey the ore to the coast until the 21st of September 1898, without
payment to and without hindrance or interference by the Colonial Company.
2. Sandwich Harbour.
That Mr. Anders Ohlson (trading as A. Ohlson und Co.) and Messrs. De Pass, Spence,
and Co. respectively, be held to have acquired a full title in perpetuity for themselves and
their assigns to the lands and buildings which they respectively have heretofore occupied
in Sandwich Harbour for the purposes of the fishery, together with the right to each firm
of taking at any time any other sites on the shore of this harbour, and of erecting
buildings thereon, should the sand, as has happened before, shift so as to render useless
the land which is now, or at any future time may be, occupied by the buildings; it being
understood that any site so taken becomes the absolute property of Messrs. De Pass,
Spence, and Co. or of Mr. Ohlson, or their respective assigns, as the case requires, and
that they have no further claim to the land which they previously occupied; but that
neither firm nor their assigns are entitled to take any site occupied by other persons, nor
to take any site the occupation of which would interfere with other persons.
That it should be further recognised that the firms of A. Ohlson and De Pass, Spence,
and Co. have the right of coast fishery in Sandwich Harbour, and along the coast between
Sandwich Harbour and the point 23° 20′ S. lat., 14° 31' E. long., with the right of landing
on and using for fishery purposes any part of the coast not in the private possession of
third parties, subject always to the observance of any laws and regulations which may be
issued by the competent authorities. The said firms shall not, however, have any right
to hinder other persons from also fishing there, or from establishing themselves in Sand-
wich Harbour.
3. Hottentot Bay.
That Messrs. De Pass, Spence, and Co. have in like manner acquired a full title in
perpetuity for themselves and their assigns to the guano deposits at Hottentot Bay, and
to the land which they now occupy there for carrying on fishery or collecting of
guano.
4. Unnamed Islets and Rocks.
That Messrs. De Pass, Spence, and Co. and their assigns be free to make use, as they
have hitherto done, of these islets and rocks, including Shark Island, without payment
until the expiry of their lease, that is to say, until the 30th of June 1895; and if the
British Government waive all claim to the sovereignty of these islands and rocks and
acknowledge the sovereignty of Germany over them, then that the latter Power should
consent to confer no private rights over them to any persons other than the lessees for
the time being of the 12 British Islands named in the Letters Patent of the 27th
February 1867.
Upon this understanding the British Commissioner will recommend his Government to
acknowledge forthwith the sovereignty of Germany in these islets and rocks.
5. Mainland Claims.
That Messrs. De Pass, Spence, and Co. should be held to have acquired for themselves
and their assigns a full title in perpetuity to the Pomona Mine, with two English miles
of land round the mine on every side; and that they should have the right to use the
lagoon for their vessels, and to make use of the land round the lagoon for all purposes
as they have done hitherto, without payment and without hindrance or disturbance by
the Colonial Company, and if irreconcilable disputes between the firm and the company
should arise as to the proper exercise of these rights on land, then that the chief officer
of the German Government within the Protectorate shall allot to Messrs. De Pass,
Spence, and Co. or their assigns sufficient land for the purposes of their business, conve-
niently situated on the shore of the lagoon, and that the land so allotted shall become
81
the absolute property in perpetuity of the persons to whom the same is allotted, but that
such allotting of land shall in no way affect or lessen their right to use the lagoon for
their vessels.
(Signed)
Berlin, July 15, 1886.
No. 93.
MESSRS. DANIEL DE PASS AND Co. to COLONIAL OFFICE.
To the Secretary of State
for the Colonies.
1, Fenchurch Buildings, Fenchurch Street,
London, January 31st, 1887.
SIR,
WE are advised that the German Consul at the Cape has communicated the award
of the German and English Governments in the "Angra Pequina and Coast Claims" to
several people.
As we understood we should be made acquainted with the award at the same time
as the authorities at the Cape, we should be obliged by your informing us whether this
is the case, and if so, of the nature of the award.
We are, &c.
(Signed)
No. 94.
The RIGHT HON. SIR H. T. HOLLAND, BART., G.C.M.G., M.P., to the
RIGHT HON. SIR HERCULES ROBINSON, G.C.M.G.
CHARLES S. SCOTT.
R. KRAUEL.
Downing Street, February 3, 1887.
SIR,
WITH reference to previous correspondence I have the honour to transmit to you
a copy of a letter* from the Foreign Office, with its enclosures, from which you will
learn the nature of the settlement which has been arrived at respecting the rights of
British subjects in the South-west African territories under German protection upon the
points on which the Anglo-German Commissioners had differed.
I have to request you to communicate the result to the persons concerned.
Papers containing fuller particulars as to the negotiations will shortly be laid before
Parliament, and copies will be transmitted to you in due course.
Sir H. Robinson.
I have, &c.
(Signed)
* No. 92.
U 50462.
DANIEL DE PASS AND Co.
† No. 93.
No. 95.
COLONIAL OFFICE to MESSRS. DE PASS & Co.
GENTLEMEN,
Downing Street, February 3, 1887.
+
In reply to your letter of the 31st ultimot I am directed by Secretary Sir H.
Holland to transmit to you a copy of a Protocol which was signed at Berlin on
15th July last, and which has now been accepted by Her Majesty's Government and
by the German Government for the settlement of the questions respecting the rights of
British subjects in the South-west African territories under German protection upon
which the Anglo-German Commissioners had differed.
I am to add that the German Ambassador in communicating the acceptance by his
Government of the proposal made in the accompanying Protocol intimated that the
Imperial (German) Government is prepared to take the necessary steps to communicate
the provisions of the Protocol as far as necessary under the superintendence of the
Imperial officials in the protected territory.
Messrs. D. de Pass and Co.
L
H. T. HOLLAND.
I am, &c.
(Signed)
JOHN BRAMSTON.
Enclosure 2 in No. 92.
82
No. 96.
MESSRS. DANIEL DE PASS AND Co. to COLONIAL OFFICE
1, Fenchurch Buildings, Fenchurch Street,
London, February 11, 1887.
SIR,
We have perused the copy of Protocol signed at Berlin on 15th July 1886, and
do not consider that the agreement entered into between the German and British
Governments in reference to our claims is drawn in accordance with the justice which
we, as tenants of the Imperial Government, have a right to expect, and we will endeavour
in due course to put this plainly before you.
No mention is made of our claims to the mainland under a grant from David Christian,
so we shall be obliged if you will inform us of the result of the Commissioners' investi-
gations of cur title thereto.
We should also be obliged if you would inform us what documents or title deeds we
shall receive in reference to the Protocol to enable us to sell or transfer the properties.
therein mentioned should we at any time wish to do so.
We are, &c.
(Signed)
To the Secretary of State for the
Colonies, Downing Street.
DANIEL DE PASS AND Co.
No: 97.
COLONIAL OFFICE to MESSRS. DANIEL DE PASS AND Co.
GENTLEMEN,
Downing Street, February 23, 1887.
I AM directed by Secretary Sir Henry Holland to acknowledge your letter of the
11th instant,* inquiring as to the result of the investigations into the title to the land on
the mainland which formed the subject of the deeds granted by David Christian in 1863
and 1864.
In reply I am to acquaint you that it was found quite impossible to induce the German
Government to admit the present validity of the documents of 1863-64, except in so far
as the second of them conferred a lease of Rapoenberg for 40 years, and the best com-
promise that was possible was made for the English claimants by obtaining a recognition
of a title in perpetuity to the Pomona mine, and the other advantages specified in the
Protocol.
I am to add that further papers on the subject will shortly be presented to Parliament
and that a copy of them will be sent to you.
Sir Henry Holland will communicate with the Secretary of State for Foreign Affairs,
as to your desire that some documents of title should be given by the German Govern-
ment to the English claimants benefited by the Protocol.
Messrs. Daniel De Pass and Co.
* No. 96.
I am, &c.
(Signed)
No. 98,
COLONIAL OFFICE to FOREIGN OFFICE.
R. H. MEADE.
Downing Street, February 23, 1887.
SIR,
WITH reference to previous correspondence on the subject of the claims of certain
British subjects in the German Protectorate on the South-west Coast of Africa, I am
directed by Secretary Sir Henry Holland to transmit to you, to be laid before the
Marquis of Salisbury, the enclosed copies of correspondence † between Messrs. Daniel
De Pass and Company and this Departinent.
Lord Salisbury will perceive that Messrs. Daniel De Pass are Co. and anxious to
learn what documents of title they may expect to receive from the German Government
† Nos. 96 and 97.
83
in respect of so much of their claims as is admitted by the Protocol; and I am to
suggest that an inquiry should be addressed to the German Government on the subject.
It will be borne in mind that Mr. Spence, who was a partner with Mr. De Pass at the
time the claims of the firm of De Pass, Spence, and Co. arose, has since become a
bankrupt.
The Under Secretary of State,
Foreign Office.
No. 99.
FOREIGN OFFICE to COLONIAL OFFICE.
The Under Secretary of State,
Colonial Office.
SIR,
Foreign Office, March 3, 1887.
WITH reference to your letter of the 23rd ultimo, relative to the Anglo-German
claims on the South-west Coast of Africa, and enclosing correspondence with Messrs.
Daniel De Pass and Co., I am directed by the Marquis of Salisbury to acquaint you,
for the information of Her Majesty's Secretary of State for the Colonies, that Sir Edward
Malet has been requested to bring the matter to the notice of the German Government
with a view to a settlement of these gentlemen's claims.
I am, &c.
(Signed) R. H. MEADE.
No. 100.
MESSRS. DANIEL DE PASS AND CO. to COLONIAL OFFICE.
1, Fenchurch Buildings, Fenchurch Street, London,
March 22, 1887.
SIR,
WE beg to enclose copy of a letter addressed by our firm at the Cape to the
German Consul there.
The circumstance therein mentioned bears out the evidence given by our Captain
Petersen before the Angra Pequena Commission at the Cape, in support of our charge
that Mr. Luderitz's people frightened the birds on the Guano Islands and did us serious
damage.
Mr. Luderitz then stated that no vexatious damage was done to frighten the guano
birds.
As we are informed that this is the third man who has been maimed by this gun,
and as he has been taken in the act, we wish to point out to you that under the ostensible
excuse of saluting, blasting, &c., the friendly process of damaging us is still being carried
out.
if
This supports our claim for the loss of guano on the islands, and we should be obliged
you
would intimate to the German Government that it is desirable that these practices
be discontinued.
To the Secretary of State for the Colonies,
Downing Street.
I am,
&c.
(Signed) T. V. LISTER.
We are, &c.
(Signed) DANIEL DE PASS AND CO.
Enclosure in No. 100.
* No. 98.
Cape Town, February 25, 1887.
SIR,
We have to report that our vessel, the "Seabird," arrived from Angra Pequena
yesterday. The Captain was moved by the condition of a German subject, an employé
of F. A. E. Luderitz, to bring the man up to this for medical aid.
84
This man met with a fearful accident, having four of his fingers blown off, besides
other injuries to his body, while in the act of discharging a cannon ostensibly it is stated
to salute. From the very earliest occupation of the shores of Angra Pequena by
the Messrs. Luderitz's people we had reason to complain of disturbance by explosions,
blasting of rocks, and firing of light and heavy guns. We represented through the
Government that our guano islands were being injured, and we were informed that this
unnecessary firing of heavy guns would be discontinued.
We made certain claims through the Anglo-German Commission for the loss of guano,
and our evidence as to disturbance was ignored. The man Bedeker now brought up is
a living witness of the truth of our statement, and we hope you will give orders to Mr.
Luderitz's representative at Angra Pequena to deliver up this piece of artillery, the
firing of which is heard at Ichaboe.
Dr. Bieber,
Consul-General for Germany.
I have, &c.
(Signed)
No. 101.
COLONIAL OFFICE to MESSRS. DANIEL DE PASS AND COMPANY.
Downing Street, April 2, 1887.
GENTLEMEN,
I AM directed by Secretary Sir H. Holland to acknowledge the receipt of your
letter of the 22rd March,* relating to the unnecessary firing at Angra Pequena, and I
am to inform you in reply that Sir H. Holland has laid the matter before the Marquis of
Salisbury.
Messrs. D. De Pass & Co.
The Under Secretary of State,
Foreign Office.
DANIEL DE PASS AND CO.
}
I am, &c.
(Signed)
No. 102.
COLONIAL OFFICE to FOREIGN OFFICE.
1
Downing Street, April 2, 1887.
SIR,
WITH reference to the previous correspondence relating to Angra Pequena, I am
directed by Secretary Sir H. Holland to transmit to you, to be laid before the Marquis
of Salisbury, a copy of a letter from Messrs. D. De Pass & Co., cuclosing a letter
addressed by their firm at Capetown to the German Consul-General.
It will be observed that renewed complaint is made of the practice of firing guns by
the representatives of Messrs. Lüderitz & Co., with the effect of frightening away the
birds from the guano islands. The fact of an accident having
The fact of an accident having happened in connexion
with the discharge of a heavy piece of ordnance for saluting purposes lends support to
the statement of Messrs. De Pass & Co. that unnecessary firing takes place.
* No. 100.
JOHN BRAMSTON.
Sir H. Holland would suggest, for Lord Salisbury's consideration, whether it
would not be possible to represent the matter to the German Government, with a view
to Messrs. Luderitz & Co. being informed that it is undesirable that salutes should be
fired, or the ordnance discharged on any other excuse.
I am, &c.
(Signed)
JUN 12 1919
LONDON: Printed by EYRD and SPOTTISWO O DE,
Printers to the Queen's most Excellent Majesty.
For Her Majesty's Stationery Office.
JOHN BRAMSTON.

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*****
SOUTH-WEST COAST OF AFRICA.
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