'.■' -'l'.- ■ ■' l' •' * ■
 
 .\ 
 
 THE LIBRARY 
 
 OF 
 
 THE UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES
 
 ^^^
 
 ^ m 
 
 ^
 
 SELECTIONS 
 
 FROM THE WRITINGS OF THE LATE 
 
 E. B. WATERMEYER 
 
 A (BCRIEF SKETCH OF HI8 LIFE. 
 
 CAPE TOWN: 
 
 1877.
 
 VAN DE SAKDT DE VILLIERS AND CO., PRINTERS, 
 
 ST. george's-street, cape town.
 
 W3lt 
 PREFACE. 
 
 The object of this volume, the Reader will at once perceive, 
 is not to add another to the multitudinous class of memoirs, nor 
 would it have been within the power of the Editor to collect 
 and publish all that might have been worth recording of 
 what the Author in the course of his life, so prematurely cut 
 short, had written or spoken. The work must be judged of as 
 an attempt to place within the reach of his numerous friends 
 and his fellow-countrymen a consecutive collection of his chief 
 published writings on Colonial History, researches upon which 
 his heart had been set, which it had been his purpose to extend, 
 and which, it is believed, there exists a general desire to have 
 preserved. Only such selections could be made as appeared 
 most interesting to the general reader, in order to make room 
 for the poems which follow, since the volum had to be limited 
 to such a size as alone made the publication practicable. 
 Apart from the impracticability of reproducing all the Author's 
 historical writings, literary reviews, forensic speeches and cor- 
 respondence, within the circumscribed limits of such a volume 
 as this, there would have been a further difficulty insuperable 
 from the fact of the materials for it being wholly wanting. He 
 was too real, too earnest a worker to have given himself to the 
 task of preserving — to have taken up his time with keeping 
 copies of — his manifold public writings, much less of his corre- 
 spondence. While the former could have been extracted from the 
 periodicals in which they appeared, the latter are not to be so 
 traced. He was emphatically an extemporaneous speaker. The 
 newspapers of the day reproduced in a more or less perfect form 
 his speeches at the Bar and in Parliament, and subsequently 
 his charges and judgments delivered from the Bench, but neither 
 of these nor of his private correspondence had he preserved any 
 copies or memoranda. Only a few of the poems have already 
 been published ; these being chiefly translations from the Ger- 
 man, and also more or less free trauslat ous from Latin authors- 
 
 JLJL/COXO/^
 
 IV 
 
 The readers of the Cape Monthly Magazine will readily recognize 
 such as have appeared in that periodical. Those which appeared 
 in the Observer, a quarter of a centui-y ago, will be new to a 
 partially new generation. The critical reader will be at no loss 
 to distinguish which poems have had the advantage of the 
 Author's own corrections at the time of their being published, 
 and which of them must be taken as the unamended work of a 
 student satisfied to confine his verses to the private circulation 
 of the family album. If to this be added that the major part 
 of the original poems and several of the translations are the 
 productions of the Author's younger days, any want of elaboration 
 will be sufficiently accounted for. The editor believes he is riglit 
 in thinking that no memorial of the late Judge would have been 
 complete without including in it these poems, which breathe the 
 true spirit of the man. 
 
 It will seem strange that, beyond three short articles on Colo- 
 nial Law, the book contains no reproductions of, or even extracts 
 from, his speeches at the Bar or his utterances from the Bench. 
 This would have been wholly beyond the scope of the present work. 
 The articles on Colonial (Roman-Dutch) Law, on Community 
 of Property, and on the Law of Inheritance, appeared in the 
 Cape Monthly Magazine in the year 1858, and were intended as 
 the commencement of a series of papers on the Law of the 
 Colony which, however, the Author lacked the time and oppor- 
 tunity of pursuing. 
 
 The Law of Inheritance therein referred to, has since (in the 
 Parliamentary Session of 1874) been abrogated. The subject 
 has thus become matter of history. The essay remains of value 
 as an expression of the decided convictions of a sound legal 
 authority on a most important matter. 
 
 G. A. W.
 
 INDEX. 
 
 The Geographical Discoveries of the 15th Century in their 
 Relation to General History. — -Address delivered in the 
 Ghair at the Anniversary Meeting of the South Jfrican 
 Public Library on the \Otli May, 1856 ... ... ... 1 
 
 The Capo of Good Hope prior to its first settlement ... 18 
 
 Three Lectures on the Cape of Good Hope under the 
 Government of the Dutch East India Company. — 
 Delivered at the Cape Toion Mechanics' Institute: — 
 1st Lecture ... ... ... ... ... ... ... 26 
 
 2nd Do. ... ... ... ... ... ... ... 49 
 
 3rd Do. ... 74 
 
 European Affairs. — {From the Cape Records of 1088) ... 96 
 
 \ The Cape a Century ago ... ... ... ... ,. 120 
 
 The First Capitulation to the British ... ... ... ... 132 
 
 Notes on the Roman Law in this Colony ... ... ... ] 50 
 
 Community of Property at the Cape of Good Hope 158 
 
 The Law of Inheritance at the Cape of Good Hope... ... 169 
 
 Poems : — 
 
 To my Mother ... ... ... ... ,. ... 133 
 
 Joanna of Orleans — {Soliloquy from the German of Schiller) 186 
 The Three Songs. — {From the German of TJhland) ... 187 
 
 Lines to an Infant Weeping... ... ... ... jgg 
 
 Consolation. — {From the French of Be Lamar tine.) ... 190 
 
 Sympathy ... ... ... ... ... ... ... 192 
 
 Rome. — {A Fragment.) ... ... ... ... .. 192 
 
 ToA.B 195 
 
 The Violet. — (Lnitated from, the German of Goethe.) 196 
 
 To Ida 19;
 
 VI 
 
 Poems : — 
 The Lay of the Bc\\.—(Fnm the German of ScJnlhr.) ... 100 
 
 The Mother and her, Child 211 
 
 UoWnnd.— (An Ejyistlc to o Frirnd.) 212 
 
 Memory ... ,.. ... ... ... ... ... 215 
 
 Elegy on 217 
 
 The Young King and the Shepherdess. — {Jfter Uhland)... 219 
 Extracts from an Unfinished Poem... ... ... ... 225 
 
 Reverie ... ... ... ... ... ... ... 234 
 
 The Blind King, — {After the German of Uhland.) ... 236 
 
 OdiQ.— {From Horace.— Lib. 11 Od.\^.) 238 
 
 Procrastination ... ... ... ... ... ... 239 
 
 The Goldsmith's Daughter. — {From the German of Uhland) 24<2 
 A Dream ... ... ... ... ... ... ... 244 
 
 The Statue of Bacchus.— (^f^er Uhland.) 247 
 
 Nathan der Weise. — {Criticism — and translations — written 
 
 for the "Observer.) ... ... ... ... ... 248 
 
 A Norman Legend. — {From the German of Uhland.) ... 256 
 " Lo a Dream-shape in the Distance." ... ... ... 262 
 
 The Prophecy of Nereus.— (Fomce— Z//&. II. Od. 18. ... 268 
 
 Epigrams from Martial ... ... ... ... ... 270 
 
 B.0T3Lce.—Lib. IL Sat I. 276
 
 BIOGRAPHICAL SKETCH- 
 
 EaiDius Benedictus Watermeter was born in Cape Town on 
 the 21st of August, 1824 He was the second son of the late 
 Frederick Stephanas Watcrmoyer, and Anna Maria, the only 
 daughter and only surviving child of the late E. B. Ziervogel. 
 
 The circumstances and associations of the home into which he 
 was born were eminently favourable to the development of a 
 high type of character. His father, though born in the colony, 
 had the advantage of a European education, having been sent 
 away at the age of five years to the house of an uncle in 
 Hamburg. On his return to the colony, he continued to cul- 
 tivate the tastes and to carry on the education which he had 
 gained in Europe. Without being either a scientific man or a 
 classical scholar, he was a man of varied and extensive reading, 
 and as well acquainted with English and French as with German 
 and Dutch literature. His intellectual tastes, his personal 
 predilection for study and literature, and his large and well- 
 selected library were important factors in the intellectual 
 eminence and literary culture of more than one of his sons. 
 
 Not less important were the influences and example of his 
 mother in forming the character of Mr. Watermeyer. " Our 
 mother," says one of her still surviving sons, " was gifted with 
 a most amiable disposition and benevolent nature — a Christian 
 mother, always intelligently labouring to cultivate the hearts 
 and deveiope the characters of her children. She truly devoted 
 her whole life to her family." If the common theory be true, 
 that the moral features of character are inherited from the 
 mother, we can have no difliculty in believing that Mrs. Water- 
 meyer was a woman of unusual excellence ; for the moral elements 
 of her son's character were in every way as admirable and 
 impressive as his intellectual power. She was herself the 
 daughter of a lady who, judging from the reports of those who 
 knew her, must have presented a rare combination of striking 
 qualities. To quote again from the words of the Judge's
 
 VI n 
 
 bi'otlicr : — " The central oi-b around which all in that house 
 appeared to revolve was our venerable grandmother. All who 
 knew her were constrained to acknowledge that her character was 
 one of remarkable force and energy. Born in 1777, with no education 
 beyond that which was imparled by a discharged soldier, she, 
 nevertheless, by the sheer force and resoluteness of her will gained 
 unusual facility and accuracy in writing and composition. Her 
 house was the constant resort of men of education and 
 intelligence, especially of foreigners : and it was a remarkable 
 thing to see this old lady taking an intelligent part in whatever 
 conversation might be going on, and attracting the attention 
 of her guests not more by the interesting character of her 
 reminiscences of days of ©Id, than by the grace and the graphic 
 power with which she presented them." 
 
 These brief notices will sufficiently show the nature of the 
 influences under which Mr. Watermeyer's early years were 
 passed. The complaint of many teachers, especially colonial 
 teachers, is that the lessons of the school-room are not con- 
 tinued, but too often counteracted, by the influences of home. 
 The school life and the home life are entirely apart from each 
 other, and frequently in competition with each other. From 
 the intellectual atmosphere and the wholesome discipline of the 
 school, the boy will often return to a home where there is no 
 appreciation of anything beyond material and outward things. 
 The result, in most cases, is that the teacher's efforts are a 
 failure, as regards the highest aims of his vocation : and in the 
 few instances where the intellectual triumphs over its rivals at 
 home, the victory is often enough secured at the cost of those 
 elements of character which arc produced only by wise and 
 sympathetic homc-trainincj. The young man either casts aside 
 the claims of the intellectual life, or he grows up apart from 
 those with whom he should share his life. In the one case he 
 becomes a mere reproduction of those about him ; in the other, 
 he probably retains through life the coldness and selfishness 
 which are so often the reproach of intellectual men. 
 
 From any such conflict of claims Mr. Watermeyer's early 
 years were entirely free. The tasks of the school-room were 
 continued at home, with the most lively interest and friendly 
 help on the part of his parents. And hence it was that his life
 
 was a steady growth, not only into knowledge, but also into 
 sympathy with all knowledge ; and the richer side of his large 
 and generous nature was cultivated as thoroughly and as care- 
 fully as his mental power. The letters written home during his 
 absence in Europe — the poems addressed to the several members 
 of his family — and the joy with which on the completion of his 
 legal studies he set his face towards the home of his childhood, 
 are the best proof of the wisdom of his home training and of 
 the lasting hold which that home retained upon the deepest 
 affections of his nature. 
 
 In his seventh year Mr. Watermeyer was sent, along with 
 his elder brother, to an elementary school conducted by a Mr, 
 Gray. Here he remained till 1833, when the closing of the 
 school made other arrangements necessary. He remained long 
 enough with Mr. Gray, however, to gain from him a sound 
 training in those elementary subjects of English Grammar, 
 parsing, spelling, and composition, which it was the fashion of 
 those days to ignore in schools of higher pretensions. In speak- 
 ing of his school days, Mr. Watermeyer always acknowledged 
 his obligations to his first school-master : and the advantages 
 gained from Mr. Gray's instruction became apparent at once 
 when the pupil was removed to a classical school. Those who 
 were on his own level in dealing with Latin and Greek, were 
 far inferior to him in respect to the free and accurate use of the 
 English language. Perhaps to this early training in speaking 
 and writing correct English we may ascribe, to some extent* 
 the remarkable power with which in after years he used the 
 resources of the language, and the combined vigour and beauty 
 of his own style. 
 
 In 1833 he was sent — his elder brother still being his com- 
 panion — to the school of the Rev. Edward Judge, then resident 
 in Cape Town. When Mr. Judge removed to Simon's Town, 
 in 1839, Mr. Watermeyer and his younger brother Frederick 
 were placed with him as boarders — the eldest of the brothers 
 having been taken from school at the close of 1838. Here ho 
 remained till 1841, when he left the colony to prosecute the 
 study of Law in Europe. 
 
 Mr. Watermeyer always spoke of Mr. Judge as the real teacher 
 of his youth ; and the gratitude and veneration with which hu
 
 iTsrardcd liis old master were unboanded. Mr, Judge, amidst 
 the multifarious duties of a military chaplain and a parish priest? 
 never suffered his classical scholarship to rust. Even to the 
 last, be retained the keenness of his critical faculties, and the 
 rigid exactness in all points of scholarship, of which his old 
 pupils have so vivid a recollection. Eight years spent under the 
 guidance of such a teacher left an abiding impression on the 
 mind and character of the pupil He left his school for the 
 University, carrying with him high attainments as a scholar, 
 and — a still more valuable possession — a mind so trained in 
 habits of accuracy and precision of thought, that he could not be 
 satisfied with anything loose or slovenly in any department of 
 knowledge. The accuracy with which he always expressed 
 himself in ordinary conversation, and the directness and sim- 
 plicity of his written sentences, testify to the clearness with 
 which he had learned to discern the objects of his intellectual 
 vision. 
 
 If the pupil venerated the master, the master loved the pupil. 
 In later years, when Mr. Watermeyer threw himself into the 
 educational movements that have done so much for the colony, 
 one of his first efforts was to secure the co-operation of Mr. 
 Judge. In this effort he was successful. Mr. Judge was ap- 
 pointed a member of the Board of Examiners at its institution 
 in 1858 ; and from that time he was in frequent communication 
 •with Mr. Watermeyer on subjects of literary interest or ques- 
 tions of scholarship. It was a beautiful sight, to witness the 
 perfect understanding and mutual confidence and affection of 
 the two men. Each of them acknowledged the special merit of 
 the other — the older man rejoicing in the rich mental endow- 
 ment and culture of the younger, while the latter nevCi.' qualified 
 his admiratioa of the simple character, the elastic sympathies, 
 and the ripe scholarship of his old master. They would often 
 banter each other with that perfect good humour which is rooted 
 in true affection. Mr. Watermeyer once gave the writer of this 
 notice an amusing illustration of this. He had somewhere met 
 with an old Latin riddle — 
 
 Eebar fari scio, re fabar nescio — 
 the catch lying in the words scio and nescio, which are used as 
 datives of adjectives. He sent the riddle to Mr. Judge, who
 
 XI 
 
 returned it unsolved. "Whereupon," says Mr. Watermeyer, 
 " I retorted upon my old schoolmaster in the following solution 
 of the riddle : — 
 
 I thought I addressed one who Latin was pat in : 
 Now stands he confessed but a flat in his Latin ! 
 
 The next post brought me a long and elaborate dissertation to 
 prove that an adjective sciuo was unknown to the writers of the 
 purest age of Latinity. Into this ground I did not venture to 
 follow him, but simply said that scius was quite good enough 
 Latin for a riddle." 
 
 "When the news of Mr. Watermeyer's death reached the colony, 
 no one felt deeper regret than his old teacher. He met the 
 writer shortly afterwards in a street of Cape Town, and could 
 only quote with tremulous voice the old regret — 
 
 Multis ille bonis flebilis occidit, 
 Nulli flebilior quam mihi. 
 
 Of his later school days a few traits have been preserved in 
 the recollections of his friends. Slowly but surely he rose to 
 the position of head of his class, and there he remained securely. 
 His powers of memory were extraordinary. Learning seemed 
 to be no effort to him : and he appeared, says cne who knew 
 him well, to reach by some swift intuition the results which 
 others gained only by long and laborious effort. Gradually it 
 came to be a regular thing that Watermeyer should " coach 
 the rest of the class in their daily work. With this intellectual 
 facility there were combined an almost reckless disregard of 
 danger, and a passionate hastiness of temper. Those who knew 
 him only in manhood would never have suspected that he had 
 had to struggle against an infirmity of temper, while only those 
 who knew him from childhood could appreciate the efforts 
 which gained him the mastery over it. An incident in the school 
 life, recalled by an actor in the scene, will illustrate some of 
 these features in his character. After the usual demonstration 
 on the 5th of November, there remained a considerable quantity of 
 gunpowder unused. This was moistened next morning, and was 
 to be ignited. But a difliculty arose as to who .should apply the 
 spark to the mass. Without a moment's hesitation Watermeyer 
 came up and plunged the burning stump into the powder — the
 
 Xll 
 
 result being that his hand and arm were so severely scorched 
 that he had to be taken home by his brother. When the latter 
 entered the school-room, he found the whole class hoisted on 
 the form for not knowing their Livy : the master drily remark- 
 ing — masters often know more than boys give them credit for — 
 " Ben has burnt his arm, so of course the class know nothing 
 about their work." 
 
 At tho age of seventeen Mr. Watermeyer proceeded to 
 England : and on reaching London he entered his name as a 
 student of the Inner Temple. In the autumn of 1841 he passed 
 over to the Continent, for the purpose of studying the Civil Law 
 in the most renowned of the renowned law-schools of Holland. 
 He remained at Leyden for two years, and at the end of that 
 time took his degree as Doctor of the Civil Law (Juris Romani 
 Doctor). In December, 1843, he returned to England, to keep 
 his terms for the English bar. He became the pupil of one of 
 the most eminent of the special pleaders of the day, Mr. Samuel 
 Warren. In Easter term, 1847, he was called to the English 
 bar : and towards the end of the same year he returned to his 
 native land, and was admitted as a n advocate of the Supremo 
 Court of the Colony. 
 
 Mr. Watermeyer at onco threw himself with characteristic 
 energy into his professional life ; and from the beginning it was 
 easy to predict his speedy attainment of such prizes and honours 
 as the profession has to offer. " It was soon seen," says one who 
 ■watched his whole career with generous admiration and strong 
 personal affection, " that a man with talent enough to succeed 
 without industry, and with industry enough to succeed without 
 talent, had come amongst us; and his professional brethren 
 whose esteem and affection he attracted from the first, were 
 proud of him, and of tho position which he was, from day to 
 day, unostentatiously attaining."* He practised at the bar 
 from 1848 to 1855, being engaged in most of the important cases 
 that came before the Court during those years ; and by frequently 
 attending the Circuit Courts he gained a thorough knowledge of 
 the whole colony and of the character of its people. On th^ 
 establishment of the Cape Parliament, in 1854, " more electoraF^ 
 
 * From a brief uotice of Mr. Watermeyer iu the Ca/pe Monthly Magazine, 
 J;inuui-Y, 1860.
 
 Xlll 
 
 divisions than one" — we quote again from the notice in the 
 Ilagazine — "were desirous to have Mr. Watermcyer for their 
 member. Worcester was the first to invite him, and he accepted 
 the invitation. There was really no contest, as far as his seat 
 was concerned, and at the close of a sharp struggle between the 
 other candidates, he headed the poll by a great majority. 
 
 In the Assembly he carried great weight. He spoke frequently 
 in the House, but not so often as to tire, and in Committees he 
 took his full share of important but unapplauded work. Never 
 rude, never violent, never personal, never dogmatic, but always 
 earnest, acute, and fully master of his subject, he spoke as a 
 gentleman should speak to gentlemen, and he was listened to 
 accordingly. When, in 1855, he resigned his seat and quitted 
 Parliament, every man anxious for the character and credit of 
 the Assembly looked upon his leaving as a loss to the House." 
 
 Mr. Watermeyer's first appointment to the Bench was an 
 acting one, on the occasion of Mr. Justice Ebden's absence on 
 sick leave : and when the latter gentleman retired from the 
 Bench, Mr. Watermeyer's appointment to the vacancy thus 
 caused was a matter of course. A careful and discriminating 
 estimate of his character as a Lawyer and a Judge, written by 
 the senior member of the present bar of the Supreme Court, Mr. 
 Advocate Cole, will be introduced in the course of this sketch, 
 and will be found in substantial agreement with the following 
 words written in 18G0 : — " Mr. Watermeyer's conduct as a Judge, 
 from the time of his first and, as it was then considered, merely 
 temporary appointment, down to the present moment, has sur- 
 passed all the expectations of the profession and the public. To 
 say that he has done so involves, we are aware, very high 
 commendation. We bestow that commendation, because wo 
 believe it to bo well deserved." 
 
 The estimate of Mr. Watermeyer's character as a lawyer, to 
 which reference has just been made, was written shortly after 
 the news of his death reached the colony. Its language of eulogy 
 might be considered by some as in part the result of that 
 generous exaggeration of excellencies to which most men are 
 prone in speaking of those who have recently passed from us. 
 It is right, therefore, to state that the manuscript has, quite 
 recently, been placed in the hands of its writer for any alterations
 
 \1V 
 
 or nioditications which might be thought desirable on a calm 
 revTew after the lapse of many yoar.s. " I have looked over the 
 notes again," saya the writer in rctarniog the MS., ' and I see no 
 reason to alter them." The sketch appears as it was originally 
 written. 
 
 Mr. Cole writes as follows : — 
 
 •' Mr. Justice Wat rmeyer possessed in a pre-eminent degree 
 most of the mental qualifications of a great lawyer. His power 
 of reasoning was very strong ; nothing was too subtle, nothing 
 too large for his intellectual grasp : he detected sophistry almost 
 instinctively, and the clear and easy sentences in which he used 
 to brush away its webs were the delight of those who listened to 
 him. Perhaps the most remarkable of his natural intellectual 
 gifts was his memory. I think his was the best and most 
 accurate memory I ever knew, nor is it easy to conceive a more 
 valuable po.ssession to a man of his profession, especially in this 
 colony. In England every case of any importance which has 
 been decided in the Superior Courts will be found properly 
 reported by professional men. Here, on the contrary, we have 
 no reports to refer to except those of the late Mr. Justice 
 Menzics, which extend (as far as published) over a comparatively 
 small space of time, and those of Mr. Advocate Buchanan, which 
 are but just commenced. The consequence is that quoting from 
 memory has become a common practice in our Courts, and it is 
 obvious that he who can best recollect the names of the decided 
 cases, the main incidents, and the exact points determined 
 stands in reference to his less gifted brethren much in the position 
 ■which a lawyer, with all the Repox'ts at his command at home, 
 would occupy towards an unlucky brother who had no access to 
 any of them. The clearness of the Judge's memory was especially 
 remarkable on the Bench : no advocate before him could misquote 
 without being immediately set right ; and whenever there was 
 any doubt as to the actual facts of any case thus referred to — 
 any question as to the correctness of Mr. Watermeyer's version 
 and that of any other Judge or advocate — a reference to the 
 records and other available sources invariably proved that he was 
 correct. The distinctions between cases often appear to laymen 
 too subtle to be comprehensible, but lawyers are aware that 
 many such distinctions are of vital importance in principle, and
 
 therefore the recollection of some apparently trifling fact which 
 has escaped the memory of another will often show the essential 
 difference between the case quoted and the case under 
 consideration. 
 
 " Accuracy of thought, logical power, clear memory — these 
 are great gifts to a Judge, and these Mr. Watcrmeyer possessed 
 largely. Added to these was the power of expressing himself in 
 the most tei'se and concise language. Not a word too much, and 
 no word that did not give force to the thought it embodied. 
 A natural impediment of utterance, which all his wonderful 
 perseverance could not entirely cure, however much it modified 
 it, detracted from the effect of his addresses, and gave the 
 appearance of labour and artificiality even to his lightest 
 sentences. To some extent it might have been said to be painful 
 to listen to one whose intellectual gifts would seem to 
 have destined him for an orator, but whose physical deficiency 
 marred the effect of all his utterances. Those who, like myself, 
 had become accustomed to hear him soon forgot, or ceased to be 
 disturbed by, this defect, and could recognise only the admirable 
 force and clearness of his diction. One of the best short-hand 
 writers in the colony assured me that he had never found it 
 necessary on writing out his ' copy ' for the Press to alter a 
 single sentence of Judge Watermeyer's delivery — each was 
 perfect in construction and grammar. The same authority told 
 me that in his experience this was the rarest excellence in 
 speakers ; nominative cases without verbs and verbs without 
 nominatives, relatives whose antecedents were undiscovcrable 
 and parentheses that had no particular ending being amongst the 
 common failings of even good and practised speakers. 
 
 " Patience is rather a moral than an intellectual quality, but it 
 is invaluable to a Judge. To a man of logical mind the most 
 difficult task is to listen unruffled to irrational talk : and yet it is 
 the Judge's daily task. Witnesses are unreasonable from defects 
 of mind and education ; barristers sometimes from the same 
 causes, but often from the necessity of saying something for 
 their clients, even when they know they " have not a log to stand 
 on." To bear with all this gently, not to scold witnesses or snub 
 advocates, but to give confidence to the former and courteous 
 assistance to the latter, I take to be the pro])er task — though
 
 XVI 
 
 often no light one — of a patient and good Judge. Let any who 
 has known Judge Watermeyer on the Bench say if he did not 
 perform this duty most admirably. And he did so, not merely 
 in good health, but even when racked with the pain of his great 
 enemy, the gout. I have seen him carried into the Circuit 
 Court unable to put his foot to the ground ; I have watched the 
 paroxysms of agony twitching all the muscles of his face and 
 showing the torture he was enduring, but even then I have 
 heard no word and seen no gesture of impatience ; his utterances 
 have been as calm and his demeanour to all around him as 
 courteous as though his body had been as sound as his mind. 
 
 "I have already spoken of the clear, logical, and forcible 
 manner in which Mr. Watermeyer always expressed himself ; to 
 this I may add that I never heard a lawyer of his ability and 
 learning less addicted to certain conventional phrases which the 
 profession appears to love so dearly. One of the best Judges we 
 have seen on our local Bench never gave a judgment, in my hearing, 
 in which he did not several times say, " Now I apprehend," &c. : 
 It is a vile phrase, but perfectly professional. I cannot recollect 
 ever to have heard Mr. Watermeyer use it. Technical language 
 ia doubtless necessary to express technical arguments and 
 decisions ; but the bar, at home and in the colony, has a set of 
 phrases which are conventional rather than technical, which do 
 not express anything but what might be equally well expressed 
 in other language, and which are nearly always antiquated and 
 inelegant, and sometimes ungrammatical. It is an evidence of 
 originality and strength of mind to be able to dispense with this 
 kind of phraseology as Judge Watermeyer did so felicitously. 
 
 " I should be uncandid if I pretended to think that the late 
 Judge had no faults : but I think they arose from his having 
 been raised to the Bench at so early an age. To be a Judge of 
 a Supreme Court at 31 would turn most men's heads : it did 
 not turn Mr. Watermeyer's : but I think it gave him some pecu- 
 liarities which he would have been better without. One of these 
 was his love of ' elaborate judgments.' Not that a judgment 
 can, in one sense, be too elaborate ; it cannot too clearly or 
 fully set forth its reasons and show that they are in accordance 
 with the law of the land. But when a judgment is in some 
 measure a mere display of learning, however extensive and
 
 XVll 
 
 profound, I think a great mistake is made by the Judge vrho 
 utters it. The temptation is great to deal with the subject in a 
 way that shows how thoroughly you have it in hand, to give 
 the history of the law bearing upon it from remotest periods, 
 tracing it down to its present time, to illustrate it in its various 
 stages by apt references and quotations, to astonish and delight 
 your auditors. And all this in a Lecture or an Essay is admira- 
 ble ; but I question the propriety of it in a judgment from the 
 Bench. I see nothing of it in the utterances of the greatest 
 lawyers England has produced, and I often found too much of 
 it in those of Mr. Watermeyer. And this temptation to display 
 learning led. him into what I regard as a great error — that is the 
 giving a judgment founded upoii points never raised or argued 
 at the Bar. A moment's consideration will show how great a 
 mistake this is, for as every Judge is supposed to be influenced 
 by the arguments addressed to him pro and ooib, how can it be 
 certain that if the very points taken up for the first time in the 
 judgment had been handled at the Bar, the result might not 
 have been a different view on the part of the Judge P I may 
 refer to the celebrated Clildppin.i Case (heard before Mr. Cloete 
 and Mr. Watermeyer in November 1856) as an instance in 
 which one of these judgments, based upon an old Placaat never 
 alluded to in the arguments at the bar, was given to the surprise 
 of the profession and the public. 
 
 " The defects, such as they were, of the late Judge will, how- 
 ever, detract little from his reputation as a learned, patient, 
 upright and thoroughly conscientious judge. And I may 
 I'emark that I do not use the word ' conscientious' in its 
 restricted sense, indicating merely a man who would not give a 
 judgment against what he believed in his conscience to be 
 correct : let us hope there are few men who would not, in such 
 sense, be conscientious Judj^es. But Mr. Watermeycr's con- 
 scientiousness carried him much further than this — it led him to 
 master all kinds of learning and facts that could in any way 
 elucidate the cases before him and make him better comprehend 
 them. I do not know that he had ever studied Mechanics deeply^ 
 but I am quite sure that if a case had come before him in which 
 a knowledge of any branch of Mechanics would h:ive been of 
 service to him, he would at once have net to work to master it. 
 The judgment which he gave in the celebrated Mahonietau 
 Church case, illustrates what I mean.
 
 XVlll 
 
 " In concluding the task which has been assigned to rae in the 
 compilation of the present Memoir, it will, 1 trust, seem almost 
 superfluous to add that I have known no lawyer iii this colony 
 (and it is only as a lawyer that I am asked to speak of him) and 
 scarcely one in England, for whose memory I entertain a more 
 profound respect than the late Judge Waterraeyer." 
 
 When Mr. Watermeycr accepted the office which he filled 
 with such distinguished ability, he at once followed the etiquette 
 of the profession and the wholesome precedent of other countries 
 by retiring from such other duties as might have interfered with 
 the impartial discharge of his judicial functions. The compara- 
 tive leisure of his later years was not wasted. His early habits 
 as a student had been continued through his busy life as a 
 practising barrister ; and on his elevation to the Bench he 
 eagerly embraced the opportunity of repairing the loss to his 
 general scholar.ship which these years of active professional toil 
 had entailed. Though making no claim to extensive classi- 
 cal reading or critical scholarship, he was nevertheless a sound 
 and good scholar, thoroughly enjoying the master-pieces of 
 ancient literature, and shewing a keen appreciation of the higher 
 qualities of the classical authors : while his acquaintance with 
 modern languages and literature was both large and accurate. 
 His interest in literature and in the advancement of learning 
 led him to organize the most important of our public institu- 
 tions for testing and rewarding the higher work of our schools 
 and colleges. There had existed for some years previously a 
 commission to examine candidates for clerkships in the Govern- 
 ment Service ; but its functions were confined to this special 
 duty. The Board of Public Examiners in Literature and Sciencfe 
 was established by an Act of the Colonial Legislature in 1858 
 Mr. Watermeyer was mainly instrumental in its establishment 
 and was for many years its President and Examiner in Law. 
 During the fifteen years of its existence the Board of Examiners 
 exercised most important and beneficial influence on the educa- 
 tion of the colony. In 1873 the University Incorporation Act 
 was passed ; and the Vice-Chancellor of the Univei-sity, in 
 acknowledging the vote by which the Council elected him to 
 that office, referred, in language which found response in many 
 a heart, to the great loss which the Colony had sustained in the 
 death of the eminent man upon whom, had life been spared, the 
 su^'rages of the Council that day would certainly have fallen.
 
 XIX 
 
 But this life of activity and usefulness vras not without its 
 shadows and darkness. The death of his father, which occurred 
 shortly before Mr. "Watcrmeyer's return from Europe, not only 
 was a great personal sorrow to him, but devolved upon him, as 
 one of the older members of a large family, cares and responsi- 
 bilities which he never failed to meet in the most generous spirit. 
 His own health too gave his friends much anxiety. Frequent 
 attacks of gout, borne with remarkable serenity and patience, 
 often laid him aside from work ; and those who knew him best 
 were convinced that in all probability his life would not be a 
 long one. As the years advanced, the shadows grew dai-ker. 
 The death of his brother, Advocate F. Watermeyer, in 18G4> 
 was a stroke the severity of which only those could understand 
 who knew the deep and beautiful love which bound the brothers 
 together. Those who stood round the grave of the amiable and 
 gifted Frederick Watermeyer will never forget the overwhelming 
 grief of the chief mourner, who wept like a child over the 
 brother whom he loved so well : and in many a heart the sad 
 foreboding arose that death would not long divide them. But 
 the last stroke was the heaviest and most crushing. Mr. Water- 
 meyer had married, shortly after his return from Europe, the 
 eldest daughter of the Rev. Gysbert Reitz. What she was to 
 her husband, no attempt must be made to tell in these pages. 
 When she was taken from him, his intimate friends knew that 
 his hold on life had indeed broken. " Her death," writes the 
 judge's brothel', '' was his death knell. Never were two souls 
 more thoroughly united ; the life of the one had become the 
 condition of existence to the other." In his Circuits as a Judge, 
 Mr. Watermeyer was often accompanied by his wife. She had 
 prevailed upon him to permit her to be his companion on these 
 long journeys, on account of his frequent attacks of gout. On 
 the Circuit of March, 1HG5, Mrs. Watermeyer was seized at 
 Victoria West with an attack of sore throat which, with her 
 somewhat delicate constitution, raised serious apprehensions. 
 The Judge was compelled to push on to Beaufort for the Circuit 
 Court, and would not be separated from his wife. They reached 
 Beaufort, where in spite of all that skill and care could do she 
 sank in a few days under the attack of a malignant form of 
 diphtheria. Shattered in health, and broken in heart, ho reached 
 Cape Town with the loved remains. Ilcr body rests in the
 
 XX 
 
 Wvnborfj fomftorv, in a vault adjoinlncr that wlioro the remains 
 of Frodorick Watormoyer liad been laid a few months before 
 with space for a third cofHn between the two. 
 
 The rest is soon told. " To understand Mr. Watermeyor 
 dnrin^^ the last few months of his illness," writes one who knew 
 and loved him well, " it was always needful to remember the 
 severe troubles in the loss of his brother, but particularly of his 
 beloved wife, through which he had passed. It was no wonder, 
 when the illness to which he ultimately succumbed first appeared, 
 that the physicians were listening anxiously to the lisping 
 pulsations of a swollen heart. He never did recover, he never 
 could recover, from the blows he had received. His nature was 
 too profoundly sympathetic — too highly strung. And yet there 
 was nothing morbid in his grief. No one ever felt more keenly 
 the claims of duty or the nerd of bracing himself for work. He 
 was ready and willing to work and serve, and felt all the old 
 interest in his appointed task : but old voices filled the silence, 
 and loving hands ever beckoned from the further side of the 
 bridgcless river. Possibly the physical condition of the patient 
 had something to do with the intensity of these feelings. But 
 those who met Mr. Watermeyer after his bereavement knew 
 what hold they had upon him, and knew, too, what a subdued 
 tenderness there was in all he said and did. He spoke to his 
 friends as if they had some bidden trouble which the world, in 
 its rough and busy ways, might overlook." In this enfeebled 
 state, with the hand of death evidently upon him, he acceded to 
 the wish of his friends, and sailed for Europe in the early part of 
 1867. Reaching London safely, and in somewhat better health, 
 he crossed over to Holland. There the malady, through the 
 earlier stages of which he had already passed, returned upon him 
 in an aggravated .'orm. He was able to reach London, to find 
 in the house of his old friend Van Rees Hoets whatever allevi- 
 ation of suffering could be given by medical skill and the most 
 loving tenderness. Two months brought his release. At times 
 the pain was excruciating, and towards the end the clearness of 
 his mind became clouded. Many Cape friond.«;, whose names 
 are cherished with grateful remembrance by the surviving 
 members of the Judge's family, gave loving service during these 
 weeks of protrarled suffering. With the composure and resigna- 
 tion of ;i true Christian, the dying mau dictated hi« last letters
 
 XXI 
 
 and messages, gave directions about liis affairs, and exacted from 
 Mr. Hoets a promise that his body should be sent to the Cape, 
 to occupy the vacant space in the Wynberg cemetery between 
 the remains of his wife and his brother Fred. The names of 
 these loved ones were often on his lips. More than once he 
 referred to the woi'ds which his brother had spoken on his death- 
 bed about the near and abiding presence of God with us — 
 manifestly sustained, as the final struggle approached, by the 
 same Faith and the same Presence which had given his brother 
 the victory over death. The end came on the morning of the 
 21st of September. Three days later the body was laid in one 
 of the catacombs of Highgate cemetery. From thence it was 
 subsequently removed and sent to the Celony ; and it now 
 rests in the spot selected by himself, side by side with those 
 whom he loved best and whose memory he cherished to the last. 
 
 When the painful intelligence reached the colony, it was far 
 from unexpected. The reports received during the few previous 
 weeks were so gloomy, that even those who had hoped against 
 hope were prepared for the tidings of his death. And yet they 
 came upon us with the shock of a sudden and startling surprise. 
 It was difficult to beliere that the man whom, as it appeared to 
 us, the colony could least spare — the upright Judge, the deep 
 and subtle thinker, the large-hearted Christian gentleman — had 
 indeed gone from us. Tributes to his memory, and expressions 
 of regret at the public loss sustained in his death, did something 
 to alleviate the sorrow of his more immediate personal friends. 
 Reading these memorial notices once more, after the lapse of so 
 many years, and thinking of him with that critical calmness 
 which is scarcely possible under the first keen sensation of loss, 
 there does not seem a word of exaggeration in wliat was said of 
 him. No lapse of time will disturb the place which he holds in 
 the memory of all who knew him. 
 
 The estimate given above of Mr. Watermeyer's character as a 
 lawyer and a judge leaves little to be said on this subject. Tho 
 following passage, taken from a memorial notice of his death, 
 confirms Mr. Coles high estimate of the Judge's character from 
 this point of view : — " It is not easy to fix his position amongst 
 contemporary lawyers. That he deserved to take rank amongst 
 the best of them few will deny. No one at all familiar with tho 
 qualifications of European jinlges will hesit<ate to assert that he
 
 XXll 
 
 far exccodod the average, or that his abilities and character 
 would have made him conspicuous in any European ti*ibun?l. 
 We have in our mind's eye two representative English Judges, 
 the one celebrated for the power with which he seizes and applies 
 the principles of English Law, and we may add, the ease with 
 which he sometimes tramples on its letter ; and the other for the 
 skill and eagerness with which he calls up the technical formulas 
 of the statute-book, while often failing to catch its spirit. Which 
 of these two did Mr. Watermeyer resemble ? The answer is, 
 neither. While his legal interpretations had singular breadth 
 and fulness, and were for the most part free from conceits and 
 quibbles, few studied more carefully the boundaries with which 
 the wisdom of centuries has encompassed the decisions of 
 human tribunals. He knew full well that the fences and re- 
 strictions of the law which sometimes seem to hamper a judge, 
 and in some cases to be opposed to an equitable judgment, had 
 a reason in them not always apparent at the time. He felt strongly 
 that any great departure from established usages would only 
 encumber a case with bad law, from which it might afterwards 
 be most difficult to clear it, and which might prove most incon- 
 venient as a precedent The reverence with which Mr. 
 
 Watermeyer was regarded as a judge arose from his possessing, 
 in happy and well-balanced combination, the two great requi- 
 sites for a judge — a strong love of justice, and an inflexible 
 determination to see it executed. There may be different 
 opinions on his capabilities as a lawyer : but none ever questioned 
 his profound anxiety to judge honestly between man and man, 
 or his courage and determination in performing the high duties 
 entrusted to him."* 
 
 But beyond the sphere of his own profession, the number and 
 the variety of the things in which he took an interest was 
 remarkable. His taste in literature was severe and at the same 
 time catholic. His mind was of that rare order which combines 
 philosophic breadth with minute and delicate accuracy. To 
 natural talents of no ordinary character he had added a careful 
 and laborious discipline of study. There were in him no signs of 
 that common and fatal disproportion between the natural endow- 
 ment and the superadded culture. The action of his mind was not 
 
 * Tlie article from which this extract is taken was written by T. E. Ful- 
 ler, Esq,
 
 xxni 
 
 cramped by its mass of learning. It moved freely and vigorously. 
 It wore its weight of learning ' lightly as a flower.' One scarcely 
 knew which to admire most in casual intercourse with him — the 
 accuracy of his knowledge, the justness of his thoughts, or the 
 perfect elegance and finish of the words in which his thoughts 
 clothed themselves. Nothing gave more striking proof of the 
 admirable balance of his intellectual culture than the uniform 
 accuracy and felicity of his words. Men of equal scholarship, 
 or of equal professional accomplishments, or of equally sound 
 judgment, or of as wide a range of intellectual sympathies it 
 may not be difficult to find : but men in whom these things were 
 combined and blended, as they were in Mr. Watermeyer, are 
 rarely found even in the great centres of the intellectual life of 
 Europe. And these powers and qualities were associated with 
 a greatness of character and a beautiful richness of nature^ 
 which gave an air of uncommonness to his lightest words. Wo 
 can scarcely hope to see the combination again in South Africa. 
 " Only those who had the privilege of Mr. Watermeyer's 
 friendship" — Mr. Fuller says — " and saw him in private life, 
 could estimate the strength and richness of his character, and 
 the fine qualities of his mind. Big-hearted and tender as a 
 
 child, he was yet strong-willed, fearless and manly By 
 
 reading and study he kept well abreast of what was going on in 
 the world, and nothing delighted him more than to compare 
 ideas with a friend on the latest contributions to literature and 
 art. Of an eminently receptive mind, the thoughts of other men 
 came from him reclothed with his own glowing comments and 
 suggestions. His conversation was always rich and interesting. 
 There was a welling tenderness, a genial humour, and a deep 
 religious earnestness in his utterances, which never failed to 
 appear in the discussion of favourite topics. Though his con- 
 victions on religious and social topics were deep and abiding, and 
 not in any way fitful, he was always on the look out for more 
 light on any question in which he had a special interest, and 
 read with profound interest the opinions of earnest rucn of all 
 schools on the solemn problems which yet await perfect solution. 
 It was a favourite idea of his that men felt with more accuracy 
 than they thought, and he would often commend a. rich vein of 
 serious feeling in a book, the logic of which he might deem 
 seriously deficient. Spite of the slight inipediinont of his speech,
 
 XXI V 
 
 he was a beautiful reader. It was a treat to bear him read soma 
 favourite passage from a new book or poem. If it touched a 
 very deep chord — and there were many so highly strung that 
 sentences of deep spiritual meaning would sweep over them like 
 the wind through an ^olian harp, making sweet but wayward 
 music as they passed — he would often shed tears of sympathy 
 with the spirit of the writer." 
 
 To this brief outline of a true and noble life the writer will 
 add but a few concluding sentences. His own feeling will be 
 shared by all who knew Mr. Watermeyer, that it is impos.sible 
 to do justice, in a short sketch, to a character which was both 
 many-sided and complete. Some aspects of his character have 
 scarcely been touched upon : for example, the rich vein of humour 
 that ran through much of his writing and shone conspicuously 
 in his ordinary conversation. The selections which follow give 
 a very inadequate representation of this feature of his mind, or 
 indeed of any one of his great and varied powers. The man, 
 one always felt, was greater and more powerful than anything 
 he ever said or wrote. 
 
 Ten years have now elapsed since he whom all honoured and 
 many loved was called away from us : but he still retains 
 his place in the affection and esteem of all who knew him. Such 
 a life is a great gift to a country : and many years after the 
 external form and expression of it have passed away, it will 
 remain a power and a memory among us. The selections from 
 his writings which are given to the public in this volume, not- 
 withstanding their interest and beauty, are far from being the 
 most valuable portion of the legacy which he has left behind him. 
 In a country like this, where our institutions are of compara- 
 tively recent growth, and the foundations are scarcely yet laid of 
 ■whatever future may be before us, it is a great thing to be able 
 to remember that so strong a hand and so true a heart as Mr. 
 Watermeyer's were employed in the work of forecasting and 
 providing for the future. His memory is a public treasure to 
 the land of his birth : and his life, although its earthly aspects 
 are closed and sealed, will remain for generations to attract by 
 its lustre, to rouse by its power, and to win by its serene and 
 beautiful exhibition of human excellence. 
 
 J. C. 
 
 Sea Point, May. Ib77.
 
 THE GEOGRAPHICAL DISCOVERIES OF THE ir,TH 
 CENTURY IN THEIR RELATION TO GENE- 
 RAL HISTORY.* 
 
 I would venture to invite your attention to a few 
 historical reflections, which may trace our connection in 
 this remote nook with a period of vast interest in the 
 world's destinies, — when, finally, the mind of Europe, after a 
 struggle of ages, achieved the victory over the East, and 
 entered on its career of conquest and civilisation among the 
 nations. The dawn of the existence of this land among 
 the shores within the scope of European genius and enter- 
 prise has been obscured by the darkness of our subsequent 
 annals. The glory and aspirations of the 1 5th century 
 scarcely afford, in our minds, a subject of contemplation 
 for the 19th, enveloped in its own busy schemes of to-day. 
 There is in all our education an amazing neglifjence of the 
 inquiry into our share of the philosophy of history. And 
 yet what more glorious, what more worthy to be held forth 
 to the admiration of men, than the spirit of that age, the 
 interpretation of one of whose thoughts was the discovery 
 of the Cape of Good Hope ? 
 
 For eight centuries had continued the conflict of in- 
 veterate hatred between the genius of fanaticism, evoked by 
 Mahomet from the Arabian deserts, and the influences of 
 Christianity. From the time — only seventeen 3'cars after 
 the flight of the prophet from Mecca — when the aged 
 patriarch of Jerusalem, compelled to be the guide of the 
 
 * Address delivered in the chair at the Anniversary Meeting 
 of the South African Public Library ou the 10th May, 1856.
 
 Chief of the Unbelievers through the Holy City, led the 
 stern Omar over the spots hallowed by the Saviour's 
 footsteps, and in the depth of humiliation, while the con- 
 queror stood proudly within the sacred precincts of the 
 Church of the Resurrection, uttered the language of despair, 
 " Of a truth I have beheld the fulfilment of the words of 
 the prophet, — the abomination of desolation standing in the 
 Holy Place," — the tide of Moslem conquest swept ever 
 onwards, engulphing city and shrine, wealth and civilisation. 
 
 The Holy Land subdued, towards the North, on the 
 ruins of the seven primitive churches of the Apocalypse, the 
 faith of Islam was established with the rapidity of invincible 
 enthusiasm. In the East, the proud monarchy of Persia was 
 rooted up from the face of the earth, and Fire-worshippers 
 and Christians alike were consigned to an equal doom of 
 destruction. Towards the West, in the seats of African 
 Christendom, — both where the Alexandrian pontiffs had 
 haughtily trampled on heathenism, and had beheld the final 
 defeat and submission of the Greek philosophy to the tenets 
 of Christianity, and whence Augustine had ruled the des- 
 tinies of the Catholic faith throughout Europe, — shrines, 
 and temples, and monasteries were abandoned to the ruth- 
 less zeal of the fanatic sons of the desert, and soon every 
 vestige of the religion planted by the Apostles disappeared 
 from the Red Sea to beyond the Pillars of Hercules. 
 
 It had been in vain, in Egypt and Syria, to resist the 
 torrent that rushed from the despised land of Ishmael, 
 After three centuries it seemed vain to attempt successfully 
 to stem the flood which, more slowly, yet with equally sure 
 fatality, threatened from the victorious East to whelm in 
 destruction alike the nations of Europe and their Christian 
 faith. It was the instinct of self-preservation in Europe, 
 awakened to a vague sen.se of peril, combined with the enthu- 
 siastic devotion aroused by the zealous eloquence of Peter the 
 Hermit and the ambitious plans of Pope Urban, that sent 
 forth to the conquest of the Holy Land, in the first 
 Crusades, the tumultuous crowds from every nation of the 
 West, excited to a wild confidence in their own invincibility,
 
 but doomed, despite heroic endurance and occasional triumph, 
 to misery and disaster, without achieving a worthy result 
 of the marvellous preparation. In vain had the truce of 
 God been proclaimed, — and in vain the Norman and the 
 Frank, the Teuton and the Latin, gave to each other the 
 hand of fellowship, and sware, that at the bidding of the 
 church, which was the Western civilisation, all private 
 feuds and minor contests should die, and war be waged, — 
 a hallowed war, — against the Antichrist alone, the barba- 
 rian power, the harbinger of woe and destruction from the 
 East. 
 
 The efforts of force seemed futile. The entire Christian 
 world was baflSed. The Saracen and the Turk rose from 
 each repeated struggle with new vigour : in each new con- 
 test adding to their barbarian energy the advantages of 
 civilisation gained in their manifold conquests. After the 
 ninth Crusade, and the failure, captivity, and death of St. 
 Louis, at the end of the thirteenth century, the Mahom- 
 medan power, as compared with that of Christianity, 
 divided by factions and jealousies, and wasted by intestine 
 wars, was even more terrible than in the middle of the 
 eleventh, when the applauding multitudes echoed the 
 Hermit's words " It is the will of God," and rushed forth 
 to rid the earth of their foe and the foe of Christ. 
 
 Dreadful, indeed, were the humiliation and loss in which 
 these expeditions of impassioned zeal resulted. But there 
 were effects on the future civilisation of the world beyond 
 this loss and humiliation. The gallant chivalry of tlie 
 middle ages, — -the warrior hosts from France, and Britain, 
 and Germany, indeed, knew not thoroughly the true origin 
 of the enthusiasm that impelled them to the banner of the 
 Cross, nor the tendency of the disasters which with heroic 
 fortitude they endured. 
 
 Tliese disasters were the education of Europe, to enter 
 worthily on her final success. The enthusiasm was the un- 
 controllable instinct Eastwards, to the land of religion, 
 bordering on the land of wealth untold, — to the East, 
 whence their forefathers and their faith had come, where 
 b2
 
 all that wfis deemed precious had its home ; and whence, 
 too, came rushing on the formidable new race and Anti- 
 Christian new faith, to destroy and uproot — if not des- 
 troyed and uprooted. This instinct, developed, became the 
 mission of Europe to civilise, govern, and regenerate the 
 whole earth. Its first vast endeavours resulted in apparent 
 utter discomfiture. 
 
 When, at length, a century and a half after the cessation 
 of the Crusades, the new Rome of Constantine fell a prey 
 to Turkish valour, and Mahomet the Second, the head of 
 the Scythian Moslemism, was installed in the scat of 
 Eastern empire, — when, in like manner as the churches at 
 Jerusalem, the magnificent dome of St. Sophia had been 
 despoiled of its crosses and sacred ornaments, and was 
 degraded to the unhallowed worship of the false prophet, 
 — the spirit of Europe and Christianity seemed to quail 
 utterly before the Asiatic fanaticism, — the struggle of the 
 faiths seemed well-nigh approaching its end , and had the 
 conqueror survived a few years (in the words of the his- 
 torian of the Fall of the Roman Empire), "the same 
 Ottoman reign might have been decorated with the trophies 
 of the ancient as well as the new Rome." In truth, for 
 some years after the conquest of Byzantium, the fairest 
 regions of the South were at the invader's mercy. The 
 prayers for succour, reiteratedly sent by the last of the 
 Greek Csesars to the Latin powers, had been unheeded and 
 a spiritless consternation among the nearer Western 
 sovereigns succeeded his fall. Some feeble voices were 
 lifted up for a new crusade against the common foe, but the 
 disunion of Chiistendom could present no warlike front. 
 And if the future fate of the world were dependent on the 
 direct power of Europe to offer successful opposition to the 
 Turkish arms, hitherto resistless, the aspect of modern 
 history would have been utterly changed. 
 
 Happily, however, a development was proceeding in 
 some of the more distant states, which had hitherto less 
 influenced the destinies of mankind, silent, indeed, and un- 
 observed, but which ere long decided for ever the Western
 
 superiority. Although an eminent ecclesiastic* who after- 
 wai'ds ascended the Papal throne, when a few ardent men 
 endeavoured, on the fall of Constantinople, to awaken the 
 ancient spirit of religious chivalry, in words of bitter com- 
 plaint pictured the deplorable state of Christendom, " It is 
 a body without a head ; a republic without laws or magis- 
 trates. The Pope and the Emperor may shine as lofty 
 titles, as splendid images ; but they are unable to command, 
 and none are willing to obey. Ever}^ state has a separate 
 prince, and every prince a separate interest. What mortal 
 could reconcile the Englisli with the French, Genoa with 
 Arragon, the Germans with the Hungarians and Bohemians? 
 If a small number enlisted in the Holy War, they must be 
 overthrown by the Infidels ; if many, by their own weight 
 and confusion:" — and these words embodied undeniable 
 truth : yet the same spirit which in former ages, in its rash 
 enthusiasm, found expression in the tumultuous array of 
 the Crusaders, — the same spirit of European determination 
 to possess the ancient abodes of the faith, and to claim 
 the wealth of the fabled lands beyond these abodes, now 
 wrought in the studious intellect, and the Western mind 
 was victorious where the Western arms had recoiled in 
 disgrace. 
 
 It is evident that the Ottoman power had now gone 
 beyond a rude warlike prowess. The Italian commercial 
 republics, which sprang into flourishing existence during 
 the Crusades, alone supplied the advancing Northern and 
 Western civilisation with the luxuries, soon become neces- 
 sities, and the rich products of the Indian markets, of Acre 
 and Alexandria. Guided only by the principles of com- 
 mercial gain, Venice, the chief of these republican states, 
 felt not strongly the sympathies and antipathies which 
 swayed the general body of Christians. From day to day 
 more dependent for her wealth, which dazzled the nobles 
 and burghers of the north, on the fostering power of Egypt, 
 
 * -^iieas Sylvius Piccolomiui, afterwards Pope Pius II — 
 Gibbon's " Decline and Fall ;" chap, xlviii.
 
 6 
 
 and of the petty ^laliometan princes on the Asiatic coast of 
 the ^lediterranean — these last again tributary to tlie great 
 Sultan, — the interests of Christendom were manifestly at 
 variance with her commercial supremacy. Her connexion 
 with the Saracen governments was intimate, even while the 
 Christian banner still waved over the Bosphorus, and, when 
 the Crescent supplanted the Cross, her increasing com- 
 mercial importance became yet more interwoven with the 
 fortunes of the successors of Mahomet, who soon held 
 sovereignty over the entire East with which Europe had 
 intercourse. Thus the trade of the West, passing pei-force 
 Eastwards through this channel, fed the vast military power 
 which steadily advanced its aggressive front : the com- 
 mercial spirit, then born in the maritime nations which have 
 since been in succession the foremost of the world, ministered 
 to tlie martial supremacy of the victorious Asiatic ; and if, 
 by the mere strength of its vigorous arm, when as yet it 
 knew not the value of its grasp on the high-road of 
 European commerce, Turkey was able, before the century 
 closed, to seize Naples and threaten Rome, — who will 
 venture to limit the natural progress of its indomitable and 
 energetic might, if the commerce of the Christian world had 
 continued, as it soon completely became, tributary to its 
 sway, — a commerce daily increasing and daily more enslaved? 
 It may sound strangely to our ears, accustomed as we are 
 to the known results of history, and loth to accept aught 
 at variance with our foregone conclusions, if it be asserted 
 as a i)0ssible, or perhaps even a probable truth, that, under 
 such favourable circumstances for the Turkish fortunes, the 
 call for the faithful to prayer might, before another century 
 had passed, have been heard from St. Peter's as already from 
 St. Sophia's dome, — and that the eternal city would not 
 then, as in her previous sieges, have succumbed merely to a 
 temporary barljarian assault, but would have fallen a per- 
 manent appanage to the new and resistless empire of the 
 sons of Othman. 
 
 To a spectator of the world in the middle of the 15th 
 century, whose eyes were fixed on the regions which, until
 
 those days, had been the seats of rule and empire — Greece 
 and Rome, Persia, Assyria, and Egypt, in their dazzling 
 glories of bygone time, open to his view, — his horizon 
 limited by the boundaries of the world as then known to 
 the most learned and most powerful, — it must have appeared 
 an almost inevitable destiny, that the diadem of universal 
 dominion should now grace the brows of the conqueror of 
 Christendom in the East, whose onslaught the champions 
 of Christendom in the West could not elude ; and before 
 whose consolidated strength their disunited and convulsive 
 efforts must have at length sunk in powerless defeat. Such 
 a spectator would not have beheld, or if he had beheld, 
 could not have understood, the deep significance of the 
 constant passing and repassing of small barks on the north- 
 western African coast, — hardy mariners venturing along 
 the desert shores washed by the Atlantic, — now gazing in 
 despair on the currents deemed impassable by the wisest 
 among them, — now urged to renewed exertion, as the more 
 adventurous of their crew successfully overcame the 
 threatening danger. He could not have imagined that 
 those tiny skiffs were guided by the earliest renewed 
 •impulse of the European energy, — the same in its object, 
 but changed in its means, which was destined to counteract 
 the progress of Ottoman grandeur and Christian downfall, 
 otherwise presented to his view : that in the Atlantic the 
 victory of the West over the East was being won. 
 
 An eminent living writer has beautifully and truthfully 
 remarked of the interest in comparatively obscure and 
 isolated beginnings of great social and historical changes in 
 words worthy of quotation : — "The traveller willingly dis- 
 mounts to see the streamlet which is the origin of a great 
 river ; and the man of imagination (who is patient in 
 research because he is imaginative), as, in science, he 
 laboriously follows with delight the tracks, now hardened 
 in the sandstone, of obscure birihwshdc paddlucl over those 
 buried plains agfts ago ; so, in history, he will often find 
 material to meditate u))Ou and to observ(^ — in .slight 
 notices, which, however, indicate much to him of bygone
 
 times and wondrous changes."* From the bygone times 
 of which we speak date wondrous changes that have come 
 over the fortunes of nations and of men. Let us trace how 
 eminently these were due to the thoughts, wliich became 
 works, of one man of that age, — representing a phase of its 
 intellectual advancement, — Prince Henry of Portugal. 
 
 While the wars of the Poses, caused by the ambition of 
 one of the sons of John of Lancaster, were desolating Eng- 
 land, one of his grandsons (for the mother of the great 
 Portugnese Prince, the wife of John I., was a sister of 
 Henry IV. of England) was earning on the Atlantic shore 
 the meed of fame which posterity has gratefully conceded 
 to the lofty intellect that planned discoveries and conquests 
 for Christianity in the Indies, even before the birth of 
 Columbus. 
 
 It is worthy of remark, that the ardour for enterprise, 
 which was erelong to inflict irreparable injury on the 
 fortunes of the votaries of the Koran, to undermine the 
 supports of its empire, and precipitate it to decline in the 
 apparent vigour of its strength, arose in a part of Europe 
 where almost alone Christendom had permanently wrested 
 from Jklahommedanism a portion of the territory where the 
 ^Moorish ascendancy had been established ; where, almost 
 alone, there had been durably successful resistance to its 
 encroachments, — the Western peninsula. But the destruc- 
 tion on the field of Ourique, where, according to the heroic 
 legend, the Saviour himself appeared in the Heavens, to 
 encourage the gallant founder of the Portuguese monarchy 
 to victory over the Infidels, stained as it was on that day 
 with the blood of five Moorish kings and their countless 
 liost, was not so fatal to the dominion of the Crescent, as 
 the bloodless victories of Alphonso's more famous descend- 
 ant, — who on his rough charts traced to his adventurous 
 mariners the probable track over unexplored seas beyond 
 
 * Arthur Helps. " Spanish Conqncsts in America." The first 
 part of this excellent work aflFordsa clearinsight into early Portu- 
 gncso Discovery, — its motives and results.
 
 the known extremity of the world, the promontoiy of Nam ; 
 explained to them how the magic needle ever pointed to 
 the pole ; and enabled them, by the aid of astronomical 
 observation, to regain their perilous course, when driven 
 by the fury of the storm or the current's strength from the 
 coast, which the skill in navigation of the 15th century 
 would not yet permit them to avoid with impunity. 
 
 Not that the labours of this eminent man were confined 
 to the meditations and conferences of the closet. Even yet 
 the existence of the Portuguese and Spanish kingdoms de- 
 pended on the expulsion and restraint of the Moors within 
 the African limits. Portuguese patriotism was synonymous 
 with Moorish defeat and extirpation, and the wars of the 
 Iberian states were, to some extent, of the same nature as 
 the Crusades of the East. 
 
 But, though he was second to none on the field against 
 the hereditary foes of his country and his religion, and fore- 
 most in the councils of bis sovereign, the object of Henry's 
 ambition and toil throughout life was the extension of the 
 true faith, the possession of the Holy East, the exaltation 
 of the power of Christianity, by means of successful mari- 
 time discovery. 
 
 Derided, but not discouraged, when his earliest enter 
 prises met with failure, through the terrors of his captains 
 on rugged shores in unknown waters, he exhibited, what 
 was decried by the popular clamour of his contemporaries 
 as an insane obstinacy, but what appeared to them not 
 many years after to have been a large-souled perseverance 
 under divine inspiration. The wisdom of the theorists, the 
 experience of practical seamen, alike contemned the thought 
 of the man in advance of themselves. Twelve years of 
 zealous enterprise had secured the discovery only of seventy 
 leagues of barren coast, and a promontory had been reached, 
 to use tlie words of the mariners, " beyond which there 
 could live no people whatever ; the land bare as Lybia, the 
 sea so shallow that at a league from the land it was only a 
 fathom deep, the currents so fierce that the ship whicli 
 passes that cape will never return :" but these invincible
 
 10 
 
 cuncnts were again overcome ; Cape Bojador was passed ; 
 plants from the Gambian coast borne to the Prince were 
 hailed by him as fruits from the promised land, and he 
 besought the Virgin "that she would guide and set forth 
 the doings in this discovery to the praise and glory of God 
 and to the increase of His holy faith." 
 
 The unswerving earnestness and sustained purpose in a 
 gigantic labour misunderstood, which indicate the hero 
 more truly than immediate success and uninterrupted 
 triumph, at length conquered the popular prejudice and 
 derision. On Henry's death, after he had for nearly forty 
 years devoted his \^ealth, intellect, and influence to the 
 holy cause of discoveting for his nation and his religion the 
 maritime route to the Orient, — although no further fruit of 
 the enterprise could yet be shown than that the poisoned 
 coast of Sierra Leone had been reached, — the great wish of 
 his heart was not suffered to die. The thought of the man 
 had become the living ambition to the nation. In a few 
 decades it was the moving power of the most wonderful age 
 since the birth of Christianity. A third of a century more, 
 and the southern point of the continent was gained. Three 
 score and ten years of unremitting energy, heroism, and 
 perseverance had been completed from 1413, when Henry 
 bade his first explorers God-speed, to the year when 
 Bartolemeo Diaz passed the Cape of Storms and planted the 
 symbol of the faith on the islet of Santa Cruz. 
 
 The erection of the cross by the Portuguese navigators 
 points out the true nature of their enterprises. The religious 
 element in these discoveries, as well as those which in 
 imitation of them were undertaken by Ferdinand and 
 Isabella of Spain, is a remarkable feature, which presents a 
 forcible contrast to the maritime expeditions, in the follow- 
 ing century, of the Engli.sh and Dutch navigators. The 
 conversion to the faith of the infidels who might people the 
 wide tracts between Portugal and the Indies, was the 
 stipulation on which Pope Martin V. granted to the 
 Portuguese crown all that it should conquer in these lands, 
 with a plenary indulgence to those who should die while
 
 11 
 
 engaged in the conquests. Tlie wealth of the East, the 
 subjection of the East under the banners of the Cross, the 
 seizure of the Holy Sepulchre from the Infidels who pro- 
 faned its sanctity, — these were, in the 15 th century, the 
 hopes which animated all in whom Prince Henry had lit up 
 the enthusiasm for discovery, as they had been the hopes of 
 the followers of Godfrey of Bouillon and of the hearers of 
 St. Bernard. 
 
 The religious motive was indeed predominant in the 
 great minds which led the spirit of discovery in both nations 
 of the Peninsula. Every act of the father of modern 
 navigation shows that he was urged by such influences. 
 The memorial of Henry's disciple, possibly his superior in 
 merit as in fame, Columbus, to the Catholic sovereigns, who 
 had enabled him to seek Japan, Cathay, and the Indies, by 
 braving the Atlantic — (this was immediately after the 
 Spanish conquest of Grenada, and before the great Genoese 
 knew that his bold endeavours would bestow a richer 
 Spain in a new world on his protectors) — was in words 
 which plainly speak the feeling in which the zeal for the 
 discovery of new lands was then rooted : " Your High- 
 nesses" — he says — "as Catholic Christians and princes, 
 lovers and furtherers of the Christian faith, and enemies of 
 the sect of Mahomet and of all idolatries and heresies, have 
 thought to send me, Christopher Columbus, to the provinces 
 of India, to see the princes thereof, their cities and lands, 
 and the disposition of them and of everything about them, 
 and the way that should be taken to convert them to the 
 holy faith." Indeed, as to Columbus, — both before and after 
 he had added the new world to the possession of Castile, — 
 his heart bounded with the thought that he might be fated 
 to wrest the Holy Land for the faith, from its Infidel 
 possessors ; and his dreams were of a triumphal entry into 
 Jerusalem. And, in truth, a similar tone runs through all 
 the enterprises of this nature throughout the century. The 
 Portuguese historian felt the true origin of these labours, 
 which were the glory of his nation and soon their shame, 
 and felt, too, how quickly his countrymen bad fallen from
 
 12 
 
 their noble aim, when lie said, " I do not imagine that I 
 shall persuade the world that our intent was only to be 
 j)reachers of faith ; but, on the other hand, the world must 
 not fancy that our intent was merely to be traders."* They 
 could not long serve both God and Mammon. The tempta- 
 tion could not be overcome, and they fell, worshippers of 
 gold, perpetrators of fearful atrocities, and traffickers in 
 human flesh. But, despite the swift desertion of the 
 worthier impulses of action with which they set out in their 
 career, justice requires it to be admitted that the i)rin- 
 cipal objects of the leaders in this new path of glorious 
 adventure, were the exaltation of the faith and the service 
 of God. 
 
 But to return from this digression. John II. of Portugal, 
 the politician, understood what Bartolomeo Diaz, the navi- 
 gator, had failed to apprehend, — the value of the triuujph 
 which had been gained over the stormy Cape. The Cape 
 of Tempests became that of Good Hope. The voyage of 
 Vasco de Gama verified the omen. India was reached. 
 Wealth streamed into the uttermost limit of Europe. 
 Honour and power crowned the brows ot a nation which, 
 not long since, had battled for very existence. A petty 
 ])rovince was, for a time, mistress of the seas. But the 
 temporary national riches and importance were not the 
 principal achievement of the men who were worthily carry- 
 ing out Prince Henry's schemes. De Gama's diplomatic 
 parleys with the wily Zamorin of Calicut, his successful 
 avoidance of the treachery of the Moorish nobles and 
 merchants who sought the intruder's destruction, his com- 
 mercial alliances with the various potentates on the African 
 and Indian coasts, despite the Moorish opposition, — all 
 these secured the entry of his nation into the jiortals of 
 glory and of wealth, but secured greater treastire far, and 
 fairer fame, for the European world of Christianity and 
 civilisation. The paltry skifis which a few years since had 
 laboured from the latily doubled Cape Nam, under dis- 
 
 * Faria j Souza, quoted in " Spanish Conquests."
 
 13 
 
 heartening failure, to conf^uer the irresistible currents of 
 Cape Bojador, were now proudly manned fleets under 
 Cabral or Albuquerque, prepared to cope victoriously with 
 the largest force the Infidels could venture to oppose to 
 them in their own waters. The battle of Christianity and 
 Moslemism, lost ages past in the Holy Land, lost in the fall 
 of Constantine's empire, lost more recently in Southern Italy 
 and the Mediterranean, — everywhere lost, where there had 
 been a conflict, save in Portugal and in Spain, — was re- 
 newed in the Red Sea and in the Persian Gulf and the 
 Indian Ocean, and was at length decisively won. The 
 change of the route of the traffic wrought this victory. 
 
 Egypt and Syria instinctively knew their impending 
 ruin, if the ocean commerce were substituted for the trade 
 by which their revenues were upheld, Terrible threats 
 were denounced if the Christians did not immediately desert 
 their new discoveries. Ambassadors were sent to Rome 
 and to Lisbon to picture the sufferings which Christianity 
 would be made to endure throughout the East, unless the 
 sole occupation of the Indian seas were yielded to its an- 
 cient possessors. But Rome, ruled by Julius II., did not 
 fear, and Emmanuel of Portugal was resolute. 
 
 At length a vast armament, built at Suez, manned with 
 Turkish seamen flushed with constant victory in the ^[edi- 
 terranean, and supplied with Venetian cannon and engi- 
 neers, was fitted out to destroy, ere it took strong root, the 
 new commerce, and to save the trade of the Levant, and 
 the fortunes of Venice. 
 
 Over this last endeavour for the old supremacy, the two 
 Almeidas triumphed by their naval skill and chivalrous 
 valour, and from 1508 to this day no Mahonnnedan fleet, 
 worthy of the name, has been seen in the Indian waters ; 
 and there, too, the proud republic of the Adriatic received 
 a blow more deadly than tliat aimed by the coalition of the 
 Pope and the sovereigns at Cambray. 
 
 But the def;truction of the Egyptian, Syrian, and Vene- 
 tian trade resulted in yet more important effects. The 
 question at stake never was in truth, although in appear-
 
 14 
 
 nnce, the supremacy of one commercial nation and tlie de- 
 pression of otliera. It was in effect the struggle for life or 
 death, of civilisation with barbarism. If we follow history 
 in the supposition that Venice had remained Queen of the 
 waters, that the victory of Portuguese commerce over the 
 Red Sea and the Levant had not been obtained, the pros- 
 pect is appalling indeed. Egypt, which, though heretofore 
 politically allied with the Ottoman power for an onslaught 
 on the Christians, yet formed no portion of that empire, 
 after not many years became a province in subjection to 
 Stamboul. Then European and Asiatic Turkey, Greece, 
 Syria, and Egypt were one, the most powerful military 
 organisation in the world, vigorous and victorious, sup- 
 ported by the entire trade of the earth. The bigoted fa- 
 naticism of the Turks at the end of the fifteenth and the 
 beginning of the sixteenth centuries was not less than in 
 the previous period of their career. Irresistible by land, 
 and with unequalled resources for naval strength in the 
 command of all the commerce of Asia and of Europe, the 
 Ottoman empire held the key, and had the means to enforce 
 the claim, of universal dominion. 
 
 The state of Christendom has been sketched. No re- 
 flecting mind can doubt that, but for unforseen events, a 
 crushing retribution of the Crusades was imminent. Some 
 years, possibly a considerable portion of a century, might 
 elapse ere the warlike barbarian race, now firmly planted 
 in the strongest position of Europe, would thoroughly com- 
 prehend and apply the vast engine of its commercial mo- 
 nopoly in aid of its martial energy, to the utter annihila- 
 tion of the Christian rule. But the oppressive certainty 
 cannot be driven from our conviction, that the revenge for 
 the deeds of Godfrey and of Coeur de Lion, — of the 
 Templars and the Knights of St. John, — of the later at- 
 tempts of Louis IX., — was but to burst in a storm over 
 Europe, and with fatal effect. The gigantic progress of the 
 power which seemed destined to inflict the blow had 
 become then more threatening than now that of the 
 Northern empire, — the aversion of wJiose menaced prei)on-
 
 15 
 
 derance in Europe has aroused the imperilled Western 
 liberties to a defensive warfare. And, as resistance would, 
 have been seemingly vain, escape was impossible. There 
 existed then no great republic beyond the Atlantic where 
 the ruined freedom of the old world might receive a refuge 
 and a welcome. There were no lands in tlie Indian seas 
 whither, as the sturdy Dutch projected when their destruc- 
 tion was threatened by another candidate for universal 
 empire, they might carry their independence and the na- 
 tional character, — and live at least beyond the yoke of a 
 slavish submission. 
 
 But the impending tempest did not break over devoted 
 Europe. It was dissipated suddenly, noiselessly. The 
 men who were the instruments believed that they were 
 chiefly exalting their own land in the scale of nations, 
 while they were saving Europe. The success of De Gama's 
 expedition was the salvation of the world from the curse 
 of the Mahommedan domination. It was a miraculous pre- 
 vention of a yet darker repetition of the dark ages. It 
 was the great end of the Crusades gained, — the victory of 
 Christian freedom over the gloomy despotism of the false 
 prophet's faith, — even though the physical possession of 
 the Saviour's tomb was not changed. 
 
 From the fifteenth century dates the modern history of 
 the world. The age which, on the final decay and ruin of 
 the remnant of the empire of the Ccesars, beheld the first 
 printed book, — which witnessed the birth of European 
 literature as distinguished from that of Greece and Rome, — 
 which was adorned with the divine art of .Michael Angelo, 
 of Rafaelle, and of Titian, — which fostered the germ of 
 the grand conflict of the Latin and Teutonic Christi- 
 anity, a conflict to endure for all time as a living test of 
 the grandeur and weakness ot the human intellect, — which 
 saw the earliest successful essays of navigation fitly so 
 called, and wherein a new world sprang into existence, 
 while the political labyrinth of modern statecraft was 
 planted in the old, — is the beginning of the history of the 
 time wherein we live. All the races before seem equally
 
 IG 
 
 nncieni in their thoughts, actions, and aspirations, — habi- 
 tants more of an imaginary world of beings similar to 
 ourselves, than of the actual world in which we live and 
 breathe. From that time, in our limited comprehension, we 
 can, in some degree, understand the poet's words, tliat 
 
 " Through the ages one increasing pui'iiose runs, 
 And the thoughts of men are widened with thepi'ocess of the suns," 
 
 for from that time the progress has been large, visible, in 
 one uniform direction. And perhaps the most remarkable 
 event of that wonderful age, in its effects on the world, 
 was the discovery of Diaz, perfected by De Gama : the 
 preservation of the liberties of mankind from the sceptre 
 of Islamism, of the intellect from the fanaticism of the 
 Koran, of their infant printing-press from the censorship 
 of an Omar or an Amurath. 
 
 This is the connection of the discovery of the land in 
 which we dwell with historical Europe. Our inquiry has, 
 for this purpose, gone beyond the horizon limited by the 
 Dutch settlement in the middle of the seventeenth century. 
 The mind cannot dwell with satisfaction on the blank 
 which endured from the first rejoicings of De Gama, when, 
 with triumphal music, he rounded the redoubtable point, to 
 the date of Riebeek's arrival, — or on the darkness, confu- 
 sion, and error from that date to the memory of those who 
 are not old among us. If a worthy future be in prospect 
 for this country, now that its resources are being developed, 
 its liberties unshackled, its education redeemed from neg- 
 lect, — it cannot be utterly useless that the view of our 
 rising youth be directed to the entrance of the land which 
 they inhabit into the sphere of civilised knowledge. We 
 are in our infancy, although European footsteps trod this 
 shore before Columbus had persuaded Ferdinand and 
 Isabella that the attempt to cross the Atlantic Ocean was 
 aught but tlie visonary scheme of an enthusiast, — and al- 
 though an European settlement was planted where we 
 stand but thirty years after the Pilgrim Fathers sought 
 their New England homes. Wherefore these things are so
 
 17 
 
 cannot be answered now. But a dim glanco from time to 
 time into the far-oif glorious past, to which through the 
 coarse reality we bear a vague and remote relation, may 
 awaken some energy and ambition, whence a not utterly 
 blank future may be hoped. When, years hence, this land 
 shall have fulfilled the history which in this century it has 
 begun, may its sons, without shame, be entitled to assert 
 the right to trace its connection with the days of De Gama 
 and of Columbus !
 
 THE CAPE OF GOOD HOPE PRIOR TO ITS FIRST 
 SETTLEMENT.^'^ 
 
 We Lave eDdeavoured to give some attention to various 
 stages of the early history of the Cape ; a subject in which 
 but little interest has hitherto been shown by the generality 
 of our countrymen. 
 
 Perhaps the reason of this apathy may be, that the his- 
 tory of the gradual progress of the colony, from the infant 
 settlement which Riebeek planted, to its present compar- 
 atively important position in the civilised world, is one in 
 which most of the late colonists are but little concerned. 
 There are but few of our present countrymen, perhaps, 
 whom personal interest in the fortunes of the individuals 
 who figure in early proceedings at the Cape, would move 
 to inquire into the matters which in their time, doubtless, 
 were of infinite concern. Of these individuals there are 
 but few def-cendants, among the varied population of the 
 colony at the present time ; a very large number of the 
 colonists, being the children, in the first and second gene- 
 ration only, of later emigrants than those whom Riebeek 
 first planted, or than the venerable men who had fled 
 hither from France, scarcely thirty-five years after the 
 settlement was first formed. 
 
 The colony is, in fact, in many respects, as new as its 
 sister settlements of Australia. The extensive emigrations 
 hither from Great Britain and the Continent during the 
 last third of a century, after much restriction had, for 
 a long time previously, existed upon the admission of 
 settlers, has introduced much change into Cape society. 
 
 * Contril)utcd to the Ctqw of Good }L>pe Oh£<:rocr. June l^*, l8r>(>.
 
 19 
 
 Tlie later comers, who form Ji vcr}'- numerous, and in many 
 respects the most intelligent portion of the population, 
 naturally have less personal interest than the descendants 
 x)f the ancient settlers in tracing the gradual progress of 
 civilisation in their adopted country. The sympathies 
 they held with bye-gone generations are buried in another 
 land, in another home of their fathers. And naturally 
 so. But, however much this may be the case with many 
 of our readers, we cannot believe that the preservation of 
 ancient colonial records will be deemed altogether uninterest- 
 ing or useless by them. We have, therefore, again sought 
 to offer to their attention some information on the early 
 state of Southern Africa, and we may take the present 
 opportunity of adding that, so far as a very insufficient 
 leisure, and such evidence as may be within our reach, will 
 enable, we shall from time to time pursue the subject, and 
 thus — it may be — lighten the labours of any who shall 
 hereafter endeavour to present to following generations, in 
 a perfect and connected form, a history of the gradual rise 
 of the "Cape of Good Hope" from its position as a 
 dependency of a commercial establishment at Batavia, to 
 the honourable place which it is destined to occupy amongst 
 the nations of the earth. 
 
 In saying, above, that comparatively little interest has 
 been taken hitherto by our countrymen in the history of 
 their fathers, and of the land in which their own fortunes 
 are cast, we do not wish to keep out of view, that there 
 have been records framed and circulated in various forms, 
 whose contents prove that many colonists have been neither 
 ignorant nor careless of the subject of which we treat : but 
 we think that no trouble has been taken to offer to the 
 general reader, in the present " vulgar tongue " of the 
 colony, the English langunge, some account of what is 
 known and may be known of South African history. In 
 the papers on the subject, therefore, which have already 
 appeared and may yet appear the wish will, we hope, be 
 recognized tosiij-tply this dtliciency at least in some degree, 
 and, at all events, to aid in saving the evidence which yet 
 c2
 
 20 
 
 exists of our early history, from the oblivion which appears 
 otherwise likely to be its certain ftite. 
 
 In the prosecution of this design, we claim alike the 
 forbearance of our readers, should we appear to them to 
 misjudge any of the circumstances which we shall detail, 
 and their correction of any errors of fact concerning which 
 they may possess other information than ourselves. In the 
 latter case we shall deem it no slight favour to be permitted 
 the perusal of any records not at present accessible ; in the 
 former, whatever the extent of our errors, they will meet 
 condemnation, we trust, only as errors of judgment and not 
 of intention. The in([uirer into the gradual progress of 
 South Africa, now become the seat of a comparatively 
 powerful and constantly increasing European people, has 
 many subjects in his view besides those which have here- 
 tofore been touched upon in the sketches we have published. 
 He has to do, not alone with the state of European society 
 here at various times, — not alone with the political rule of 
 the country successively by the Dutch East India Company, 
 by the English, by the Batavian Republic, lastly again by 
 the English Government, and henceforth by themselves. How- 
 ever much he may find to interest him in his examination 
 into the political oppressions exercised, at one time, upon the 
 very men and their sons, who had tied the land of their 
 birth to escape political oppression, — however interested he 
 may be in viewing the contests, at other times, between 
 the political leaders who ruled the country and the colo- 
 nists, the labour of whose hands, and the sweat of whose 
 brows developed the resources of the colony, — he must 
 in(|uire into the history also of the people whom both mer- 
 chants and farmers dispossessed, — he must ask of the 
 mode of their dispossession, of the manner of their dispos- 
 session, of the cause of their utter annihilation from the 
 face of the land. It will be interesting to judge, so far as 
 historical evidence will enable us to judge, of the state of 
 civilisation or barbarism in which the first European set- 
 tlers found the natives, — to judge of the relations which 
 those natives bore to others in the further interior, or to
 
 21 
 
 them who are at present borderers on the colony. Their 
 language and customs may be compared with those 
 of the natives witli whom we come into present contact : 
 their gradual retreat before the advancing European may be 
 watched, — their disappearance, if possible, accounted for. 
 
 All these and many other subjects of inquiry present 
 themselves to the mind, and to throw light on these is 
 needed a variety and an extent of evidence which does 
 surely exist in some form or another, and in the preserva- 
 tion of which some interest should be taken. And in this 
 extended view of South African history, we imagine that 
 a subject is presented of sufficiently general concern to 
 engage the attention of any colonist, whatever the amount 
 of personal interest he may be supposed to take in past 
 colonial history. 
 
 The nature and the causes of the disappearance of one 
 human race in the presence of another, ought to be a sub- 
 ject of interest to any man, and thus the history of the 
 European colonists of South Africa, taken in connection with 
 the history of the African aborigines, certainly offers as tempt- 
 ing a field of interesting inquiry as any other mundane 
 occurrences extending over the last two centuries. It is 
 trusted, only, that the bitterness which appears to have 
 accompanied discussions of this nature in the colony not many 
 years ago, will not, in the piesent daya of enlightened re- 
 search and more peaceful controversy, interfere to the injury 
 of the undertaking we wish to prosecute. 
 
 The discovery of the extreme point of the African 
 Continent by the Portuguese navigator Bartholomew Diaz, 
 took place IGG years before the Dutch first established 
 this colony. The Portuguese had but half a centuiy before 
 commenced to colonise, or to establish a colonial trade. 
 They had founded Maderia in 1120, the Azores in 1-133, 
 and shortly after the settlements on the Gold Coast of 
 Guinea. In J48GDiaz was sent out by King John II. of 
 Portugal, on the voyage in which he made his great 
 discovery. The change of the name of the Cape from the 
 stormy one of " do todos los tormcutos," whicb he gave it,
 
 00 
 
 to tliat it now bears is known to all. The King saw in 
 prospect the realization of his hopes of establishing a mar- 
 itime trade between India and his own country, then, 
 jierhaps, the best able of all the nations of Europe to 
 undertake so splendid a project. It was not, however, 
 until the reign of his successor, Emmanuel, that the 
 Portuguese Government availed itself of the discovery of 
 Diaz. Vasco de Gama was sent out by that Prince, in 
 1107, with lour ships, and safely reached Goa.* The 
 Indian Peninsula soon became the seat of an extensive 
 commercial influence on the part of the Portuguese. From 
 this time, the Portuguese must have made constant use of 
 the South African passage. Their Indian trade, in the 
 prosecution of which, at least by this route, they were 
 alone until the close of the IGth century, increased most 
 largely and caused constant communication with Europe. 
 
 In the course of this long period of nearly a century, it 
 was impossible but that the Portuguese communicated with 
 the nations on various parts of the coast, at various times. 
 It seems improbable that Diaz landed anywhere ; but 
 Kolben f states, on whatever authority, that Vasco de 
 Gama having passed the Cape, landed at the Rio d'If/fante, 
 and thence prosecuted his voyage to India. The Portuguese 
 do not seem to have attempted to make any permanent 
 settlement on any part of the coast. After some years 
 they arc stated to have begun the practice of touching for 
 water ; but then they anchored their ships at Eobben 
 Island, not venturing to risk an approach to the continent, 
 because they feared the inhabitants as cannibals. After- 
 
 ♦ Note : — A somewhat different account of the voyage of Diaz, is 
 published in Van do Sandt's Annual Directory of the Cape, in the 
 description given of Port Elizabeth. lie is there stated to have 
 landed on Santa Cruz, a small islet in Algoa liay, and to have sailed 
 thence to the Eastward so far as the mouth of the Great Fish River, 
 which he named the Rio d'Infautc. Seven years after Diaz was 
 wrecked off the coast of Africa. 
 
 t P. Kolben. Besclirijvinfj t'on do K^aji, rfc, ahodkto Vfhich on 
 future occasions wc shall make further allusion.
 
 23 
 
 wards some mode of communication with the inhabitants 
 seems to have been established by the fleets which were 
 constantly passing; for an occurrence is related of a dispute 
 between the barbarians, and a return fleet from India, 
 which must have occurred about the year 1525. The 
 viceroy of India, Francis d' Almeida on his way home with 
 the return fleet, met with his death in this dispute with 
 the barbarians. A party had left the ships for the purpose 
 of obtaining water and trading for live stock. Some quarrel 
 having arisen, which was observed from the ship, this ofiicer, 
 then an aged man, landed with a strong party to assist and 
 encourage his people in, what was evidently thought, a most 
 dangerous dut3^ At the time they landed, the quarrel 
 had grown more serious, and the matter ended in the des- 
 truction of the Viceroy and seventy-five men. This oc- 
 currence, if true, took place about the year we have stated 
 above, for Almeida was the first Viceroy of India, and held 
 that office at sometime in the beginning of the IGth 
 century. 
 
 Of the nature of the Portuguese intercourse with the 
 barbarians of this continent, some information may peihnps 
 yet be traced. Kolben, who learned what he knew from 
 the Dutch occupiers, whom he found at the Cape in 1706, 
 is necessarially but slightly informed on the subject. In- 
 deed, he appears to have told the above story respecting 
 the death of Almeida, chiefly for the purpose of introduc- 
 ing the anecdote, which has so often been told in different 
 forms, of the punishment inflicted afterwards upon the 
 Hottentots, in presenting to them a loaded brass cannon, by 
 whose discharge many were destroyed, as they were drag- 
 ging it off! From prior writers to Kolben* can we fllone 
 hope for any information on the nature of the inter- 
 course which existed previously to the, beginning of the 
 1 7th century when the Dutch formed their East India Com- 
 
 *Among these are the Jesuit Tachard, ISL Mcrcklin, M. Arnold. &c., 
 who mention the Cape in their accounts of theii- voyages to the East- 
 ward, and who arc alhidcd to by Kolben and others.
 
 24 
 
 pany, and began to emulate the Portuguese in the eatablifili- 
 ment of an Eastern trade. 
 
 The Dutch ships, from about this time, touched regularly 
 for water and live stock, and they appear to have remained 
 free from misunderstanding with the natives. A chief use, 
 also, which the fleets made of the Cape was as a means of 
 communication with each other. Every ship that left 
 Holland took with her a square stone, on which was en- 
 graved the name of the ship, the date of her departure, 
 the date of her arrival at the Cape, the captain's and 
 chief passengers' names, &;c. This stone was buried in a 
 known place, and under it were placed in a tin box, des- 
 patches, instructions for the return fleet, private letters &c., 
 and each return fleet made regular searches in this extraor- 
 dinary post office for the sole information of proceedings in 
 Europe, which was accessible to them. 
 
 In the year 1049, an address was made to the Dutch 
 East India Company, by Leendert Janz, and N. Proot.t who 
 had been wrecked in Table Bay, in the ship Haarlem, in 
 the year previous, in which these persons earnestly recom- 
 mend the establishment of a fort and settlement in a suita- 
 ble spot in Table Valley. They allude to another wreck 
 besides their own which had previously taken place, and 
 urge the preservation of wrecked property, and the protec- 
 tion of the crews as one of the reasons for establishing a 
 fort. After describing the various modes in which a settle- 
 ment would be of value, they proceed to combat the idea, 
 then still prevalent, of the cannibal propensities of the 
 natives, stating that they had been in constant intercourse 
 with them while awaiting the India ships, during a space 
 of many months. " After we had lain there five months," 
 say they, " the natives came daily to the fort, which we had 
 thrown up for our defence, to trade, in perfect amity, and 
 brought cattle and sheep in quantities." They allude else- 
 where to the friendly disposition of the natives, and state 
 that although there have been quarrels in which Europeans 
 
 t See Mr. Moodie's record, p. 1 and 2,
 
 25 
 
 have been beaten to death, the cause, generally, had been 
 given " by our soldiers themselves." 
 
 The vision of cannibalism being bj' degrees dissipated, 
 about this time the Dutch had begun to deal more fre- 
 quently with the natives. Riebeek himself had been on 
 shore for three weeks in the j^ear 1G48, when he was em- 
 ployed in reshipping the goods wrecked in the Haarlem. 
 He does not, however, in a statement to the Directors, 
 made before he left Holland in 1651, agree with Janz in 
 the immaculate character which the latter gives the natives. 
 He believes them " a savage set," living without conscience," 
 and says that he had frequently heard from people who had 
 been there, that they had sometimes, without any cause, at- 
 tacked Europeans and killed them. However, at this time, 
 after the Cape had been known to Europeans for a century 
 and a half, were the first preparations made in Holland for 
 establishing a fort and planting a colony there. Van 
 Riebeek's departure from Holland took place in June 1651. 
 The nature and objects of his mission will properly form 
 the subject of a future inquiry.
 
 THREE LECTURES ON THE CAPE OF GOOD HOPE, 
 UNDER THE GOVERNMENT OF THE DUTCH 
 EAST INDIA COMPANY ; DELIVERED AT THE 
 CAPE TOWN MECHANICS' INSTITUTE. 
 
 I. 
 
 In order riglitly to understand the history of the Settle- 
 ment of the Cape of Good Hope, it will be necessary to 
 take a brief survey of the causes which led to its occupa- 
 tion by the Dutch East India Company. Two questions 
 naturally arise : whether, indeed, a colony, — as the word 
 was understood of old, when the Greeks and Phoenicians 
 sent forth colonies which were free states, peopled with 
 chosen sons of the metropolis, in reverent connection with 
 the fatherland, — was intended at the first settlement ; and 
 whether, on the basis on which the colonization was estab- 
 lished, there could possibly be colonial prosperity in co- 
 existence with the prosperity sought by the governors at 
 home. The answers to these questions must be found in 
 an examination of the motives, and the system of govern- 
 ment following these motives, with which the wealthy 
 traders who held Java and the Spice Islands, Coromandel, 
 and Ceylon, in tribute, took possession of this comparatively 
 poor land. Let us, therefore, attempt a short retrospect. 
 
 It was in the year 1595, that the first ships bearing the 
 flag of the United Provinces of the Netherlands, four in 
 number, touched at the Cape of Good Hope, — the fore- 
 runners of Dutch commerce to the East. For a century, 
 the wealth ot the Indies had been the exclusive possession 
 of the Portuguese, — the reward of that bold and enter- 
 prising spirit, then a national characteristic, which prompted 
 Diaz when he ventured past the Cape of Storms, and 
 planted on the South African shore the emblem of the 
 Christian faith, — which inspired Vasco de Gama when
 
 27 
 
 invested by his king with the cross of the sacred Order of 
 Christ, he swore on that cross that he would faithfully 
 execute the mission of his sovereign at the court of Prester 
 John, and in the city of the Samorin of Calicut. 
 
 Great hopes were entertained of De Gama's voyage ; and, 
 amid festivity and rejoicing, he and his resolute comrades 
 
 1497. doubled the Stormy Cape, — to them and to the 
 Nov. 20. Portuguese nation, an omen of future wealth, power, 
 and renown. 
 
 A very few years sufficed to crown with success the 
 sanguine expectations excited in the breast of the Portu- 
 guese monarch, when he gave to the Cape of Tempests the 
 name of Good Hope. D' Almeida, the first viceroy of the 
 new empire (the same who, recalled home while in the full 
 enjoyment of power and honour, was on his return inglori- 
 ously slain in an affray with the Saldaniers), established 
 the influence of his country in the East, by the destruction 
 of the Egyptian fleet near Diu, which had been fitted out 
 at the instigation and with the aid of the Venetian Re. 
 public, and despatched to the Indian Seas, to chase the 
 Western intruders from the wealthy coasts of Hindostan. 
 The Mediterranean, thenceforward, no longer conveyed the 
 treasures of Orient, and the ruin of Venice was attributable 
 as much to the new passage by the Cape of Good Hope, as 
 to the disastrous wars consequent on the league of Cambray, 
 
 1507. by which the Pope and the monarchs of the North 
 were to share the rich spoils of the Queen of 
 th**. Adriatic. The heroic Alphonso d'Albuquerque and his 
 successors raised the glory of their national name to a 
 proud eminence, and the entire Indian Ocean swarmed with 
 rich caracks, laden with spices and silks, and precious stones, 
 sailing homewards to the new emporium of Eastern com- 
 merce at Lisbon, For upwards of ninety years, the Lusita- 
 nian flag held undisputed possession of its Indian conquests 
 and of the commercial advantages derived from them. From 
 the Coromandel and Malabar coasts, the Persian shores, 
 Arabia, Ceylon, the Spice Islands, Cochin China, and Japan, 
 the Portuguese ships annually carried valuable ladings for
 
 the consumption of Europe. The Pope had granted them the 
 dominion of the East, and by their energetic enterprise and 
 the prowess of their arms, they made their title good. Their 
 licence was required to enable a vessel of any other European 
 State to sail with safety in the Indian waters, and without 
 their pa.ssport it was impossible to trade with any Oriental 
 potentate. But their rule, at the several places which they 
 had selected for their settlements, was one of tyranny and 
 oppression ; and when, at length, other Europeans appeared 
 on the scene of Portuguese cruelty and rapine, — the advent 
 of these, as soon as they proved themselves capable of 
 coping with the oppressors, was hailed by the unfortunate 
 natives as a dawn of a brighter future. 
 
 It was shortly after the United Provinces had secured 
 their emancipation from the Spanish Crown, but some 
 3^ears before the King of Spain had acknowledged their 
 independence, that the attention of the Dutch merchants 
 was directed Eastwards, Weary of the continued wars, and 
 anxious for a new field of commerce, to counterbalance the 
 loss of that which they had enjoyed with Spain, they had 
 resolutely endeavoured to discover a North-east passage to 
 reach the Northern parts of China and Japan. There they 
 hoped to carry on a lucrative trade, without being forced 
 into immediate hostile contact with the Portuguese, now 
 the subjects of their enemy, Philip the second of Spain. 
 These efforts, in which some of their ablest sailors were 
 employed, were unsuccessful.* Their eyes were then 
 turned to the route by the Cape of Good Hope, and they 
 resolved to rival their foes in their own seas. 
 
 An unimportant incident in Portugal, the imprisonment 
 for debt, or, according to .some, for a political indiscretion, 
 of a Dutch merchant at Lisbon, determined this course. 
 Cornelius Houtman, a native of Gouda, a man of consider- 
 able sagacity, had, during his rebidence in Portugal, found 
 means to enquire diligently into the mysteries of the Indian 
 
 * Istc, 2dc en 3de Scliipvacrd van Willcm Barendsz, in 1594> 
 1595 en 1596. — Begin eude Voortgaug der 0. IXDompagnie. Ed. 1646-
 
 29 
 
 commerce, jealously concealed from all foreigners, and the 
 source whence the Portuguese derived their untold wealth. 
 He deemed, justly, that the possession of this knowledge 
 would be highly valued by his countrymen in Holland, and 
 offered to some traders of Amsterdam, if his release were 
 purchased, to communicate the precious information which 
 bis curiosity and observation had enabled him to gain, and 
 to pilot them to the land of fortune. His proposal accepted, 
 his debts discharged, and his liberty secured, he gladly 
 adhered to his promise. His revelations excited to the 
 highest pitch of enthusiasm the minds of those to whom he 
 j^q,, owed his escape from incarceration. In the follow- 
 ing year, a squadron of four ships left Holland, 
 under the auspices of the " Association ol Distant Lands," for 
 the East Indies, under the command of Jan de Molenaer, — 
 the commercial management of the expedition being en- 
 trusted to Houtman. These were the first Dutch ships 
 that anchored in Table Bay ; and the fruit of the voyage 
 was an alliance with the King of Bantam, in Java, where 
 the Portuguese had no settlement, — the foundation of the 
 Dutch power in the East.* 
 
 The success of this expedition caused the immediate 
 formation of several associations in the Netherlands, for 
 the purpose of prosecuting adventures Eastwards. Little 
 wealth had been gained, indeed, in this first voyage, which 
 embraced a period of two years and four months. But the 
 prospect of dazzling commercial success was most inviting 
 to the traders of Holland. All the seaports established 
 loOGto companies. Amsterdam, Middelburg, Delft, Rotter- 
 
 i<5*^i- dam, Hoorn, Enkhuyzen, vied with each other 
 in exertions ; and their enterprises were crowned with 
 success in the rich profits with which their fleets returned 
 home. 
 
 To avoid the dangers of competition, and secure a mono- 
 poly of the anticipated commercial prosperity, the several 
 
 * Verhaal dcr O. I. C_ompagnic, vol. i., c. '2. (Ed. 1768) Du Bois' 
 " Vies dcs Goiivcrueurs Gcncroxix :" Introduction.
 
 ■60 
 
 1C02. companies coalesced, and a charter was obtained for 
 Mar. 20. t,he United Company from the States-General of the 
 Netherlands. 
 
 As the Cape of Good Hope became not a colony of the 
 Republic of the United Provinces, but a dependency of the 
 " Netherlands Chartered General East India Company," for 
 mercantile purposes, — and as to this fact, principally, can 
 be traced the slow progress, in all but extension of territory, 
 of a country which was settled by Europeans within thirty 
 years of the time when the Pilgrim Fathers, the founders 
 of a mighty empire, landed at Plymouth to plant democratic 
 institutions and European civilization in the West, — it is 
 necessary, in the prosecution of our inquiry, to examine at 
 once into the constitution and objects of the rulers to whom 
 this land, — in which we novr have freedom, but where the 
 •word was, at the commencement of this century, scarcely 
 understood, — was subjected from the date of its original 
 occupation by Europeans. 
 
 Mercantile establishments with political power, agencies 
 of proprietors at a distance, for the sole benefit of these 
 pioprietors, have indeed, poured wealth from the rich lands 
 with which they trafficked into the coffers of the successful 
 speculators ; — in poor countries, however, where, from an 
 indolent and barbarian population, no wealth could be ob- 
 tained, and where only the free and industrious emigrant 
 could thrive, — land may have been seized, indeed, and 
 native tribes subdued, but no colony, truly entitled to the 
 name, has ever been planted by monopolist corporations of 
 the nature of the English or Dutch East India Companies. 
 The staunch Independents who sailed in the Mayjlower, 
 to the Western world, would have established a true colony, 
 a free state, in proud connection with the fatherland, at 
 the South African extremity, — self-reliant and self-govern- 
 ing as they were, trusting in their God and in their own 
 right arm ; but had it been their doom to pine under the 
 curse of a domination by a monopolist company, — had they 
 been settled, for instance, at tl)e Cape of Good Hope, 
 merely to aid in the conservation of the mercantile mono-
 
 31 
 
 poly of the English East India Compan)", — not even they 
 would have saved this country from the low rank which for 
 nigh two centuries it held, and from which within the last 
 half-century only it has commenced to emerge. 
 
 The object of the Dutch East India Company was traffic, 
 not colonization. Holland never was a colonizing nation, 
 sending forth a surplus population requiring relief, to cul- 
 tivate new lands, and to extend the national name in con- 
 nection with the parent country. Commercial depots were 
 required, but colonization was discountenanced. Colonists, 
 except in subserviency to the wants and interests of monopo- 
 list mercantile associations at home, were not tolerated, 
 whether in their Eastern or Western possessions. 
 
 It is material to the true comprehension of the position 
 of all lands under the Government of these monopolists, 
 to draw attention to the first charter, which was granted 
 for the period of twenty years, and afterwards from time to 
 time prolonged, until the final extinction of the company, 
 towards the end of the last century. The preamble was 
 of the following tenor: — *" Whereas the welfare of the 
 United Netherlands principally coiisists in trade and navi- 
 gation, which, from immemorial date, have been pursued 
 from these shores, and from time to time commerce has in 
 a praiseworthy manner increased, not only with the neigh- 
 bouring countries, but also with the distant nations in 
 Europe, Asia, and Africa ; and whereas, during the last 
 ten years, some of the principal merchants of the Nether- 
 lands, engaged in commerce and navigation within the city 
 of Amsterdam, have, at great cost, trouble, and risk, estab- 
 lished a Company, for the purpose of carrying on a lauda- 
 able traffic with the East Indies, with good prospect of 
 great profit, — and many otlier merchants in Zeeland, on the 
 Meuse, in the North, and in West Frie.-sland, have estab- 
 lished like Companies, for a like purpose ; — we, having 
 considered and maturely weighed of how much importance 
 to the State and its citizens it is, that this commerce 
 
 * Groot Placact Bock : vol. i., ji. 0-!'.
 
 32 
 
 should be placed and enabled to flourish on a good footing, 
 under systematic regulations and governance, have thought 
 fit to propose that the said Companies should be united in 
 a firm and certain union, and in such manner that all sub- 
 jects of the United Provinces may participate in the profits 
 thereof" After this preamble, it proceeds to state that the 
 Government proposition was accepted by several parties inte- 
 rested. Then was formed the Chamber oi XVII, the General 
 Council of Direction of the Company, — a magic name, 
 feared for nearly two centuries by the Governors-General 
 and Governors of the Dutch Indian possessions, more even 
 than the magnates of Downing- street are a terror to British 
 Governors in Crown Colonies. The thirty-third and thirty- 
 fourth sections describe the powers of the Company, — 
 powers, for some period, of more extensive influence than 
 those of the State itself whence the charter was held. 
 These sections were as follows : — 
 
 " And that the intentions of the Company may be more 
 readily crowned with success, to the welfare of the United 
 Provinces, the encouragement of industry, and the greater 
 profit of the Company,' we have granted, and by these 
 presents we do grant, this charter : — That no one, of 
 whatsoever quality or condition he be, save such as are 
 of the said Company, shall venture, within the next 
 ensuing twenty years, to sail from the United Netherlands to 
 the east of the Cape of Good Hope, or through the Strait 
 of Magellan. 
 
 " And, further, that the members of the aforesaid Com- 
 pany, to the east of the Cape of Good Hope, and in and 
 beyond the Strait of Magellan, shall be empowered to enter 
 into treaties with princes and potentates, and to contract, 
 in the name of the United Netherlands and its Govern- 
 ment ; and that they shall be entitled to build fortifica- 
 tions, and to apjioint governors, and to establish garrisons, 
 and create officers of justice, — and erect other offices 
 needful for preservation, for the maintenance of good order 
 and the due administration of justice, — provided, however, 
 that these officers and those in the civil and military
 
 33 
 
 service shall take the oath of allegiance to the States- 
 General." 
 
 The Company, for the privileges secured, were to pay 
 20,000 pounds Flemish to the Government ; and to this 
 amount sliares in the venture were taken by the State. 
 
 Armed with these powers, the projectors commenced 
 their operations. An energetic trade immediately ensued, 
 and in a few years the Netheilands East India Company 
 had obtained extensive commercial advantages and great 
 Edict, political power. Philip the Second fulminated, 
 1605. |3ut in vain. His edicts, threatening death to all 
 inhabitants of the United Provinces who should enfjacre in 
 the Indian traffic, did not intimidate them. The dominion 
 of the seas, claimed by the haughty Portuguese in the East, 
 soon became but a name. Heemskerk, — the same who 
 had endured the severity of a Northern winter in Nova 
 Zembla, in the attempt to discover the North-east passage, 
 and who afterwards, dying in the arms of victory, forced the 
 recognition of the independence of the United Provinces, 
 by the destruction of the Spanish fleet at Gibraltar, — ren- 
 dered the flag of the sturdy republicans respected in the 
 Eastern seas. The arrogance of the Spanish and Portu- 
 guese claims was displayed, indeed, in the orders and 
 despatches of the King to the Viceroy de Castro, intercepted 
 by the Dutch, in the beginning of the seventeenth century : 
 in one, " I prohibit all commerce of strangers in any part 
 of India, and among other transmarine nations ;" and in 
 another, " I expect that the rebellious Dutch who are in 
 the East, and the natives who receive them, will be so 
 chastised by you, that neither the former nor the latter shall 
 in future presume to disobey our behest." But his haughty 
 commands could not be executed.* The Dutch were hailed 
 throughout the Indies as the deliverers of the oppre&sed 
 from the despotism and barbarian cruelty of the Europeans, 
 who had so long tram])led on the fair Oriental lands. Little 
 did the wretched Indians know tliat, driven by thirst after 
 
 * Grotius : Mare Liberum. In fm, De Kebus Bolgicis. Lib. xv. 
 D
 
 34 
 
 gold, all the strangers, of whatever European nation, that 
 visited them, were destined to be their oppressors, and tliat 
 tlie hailod deliverance was but a change from one domination 
 to another equally destructive. 
 
 Nothing could exceed the success of the Dutch for the 
 hnlf-century (hiring which they traded eastwards, without 
 taking possession of the Cape of Good Hope. The Portu- 
 guese had lost their nationality, and sunk rapidly. As to 
 England, through the coml>ination of many circumstances, 
 — ill-management of tiie Eastern mercantile adventures, 
 but principally the impotence and irresolution of the Eng- 
 lish Government under Jame.s, and the civil disburbauces 
 of Charles the First's reign, — even England, during the 
 first half of the seventeenth century, yielded to the Nether- 
 lands the pre-eminence in the East. On behalf of the 
 Crown of England, however, the first formal possession 
 was taken by Europeans of the Cape of Good Hope, — 
 though nothing followed the mere act of taking po.sses- 
 sion. 
 
 This was in 1G20. In that year, — a third of a century 
 before Riebeek's expedition, — two commanders of fleets of 
 the English East India Con)pany, bound for Surat and 
 Bantam, in the name of His Majesty James the First, King 
 of Great Biitain and Ireland, claimed dominion over the 
 Soutli African continent. Their proclamation was to the 
 effect that Andrew Shillinge and Humphrey Fitzherbert, 
 chief cotiunandt-rs of the fleets, after a conaultation holden 
 on shore, on the 3rd July, in the Bay of Saldanhia (the 
 name by which Table Ba}^ through some error, was known 
 to the English navigators, though never to the Dutch or 
 Portuguese), in the name of the High and Mighty Prince 
 Jame.s, took possession of the coast and the whole conti- 
 nent near adjoiiiiug, "so far to be extended as that at 
 present no Christian king or potentate have any fort or 
 garrison within the limits aforesaid ;" — "and," they added, 
 " our .sovereign Lord the Kinji to be thereunto intitled 
 Lord or Prince, or by any other name or title whatsoever 
 that sliall .seem best unto his gracious wisdom."
 
 3o 
 
 The reasons for tlie formal occupation of tliis territory, 
 a.ssigned by these Eii^lishiuci), are contained in a document 
 preserved in the archives of the East India Company.* 
 Among otlier things, they set forth that on arrival in the 
 bay, they liad found nine ships of the States, wiiose otHcers 
 declared plainly that the States intended to make a planta- 
 tion at the Cape of Good Hope in the next year, — purpos- 
 itig, no doubt, to make the English pay thereafter for 
 their water and anchorage, towards defraying the expense of 
 their intended plantation. They proceed to say : — 
 
 "This great countiy, if it were well discovered, would 
 be kept in subjection with a few men and little charge, 
 considering how the inhabitants are but naked men, with- 
 out a leader or policy. We also thought to entitle the 
 King's Majesty thereto by this weak means rather than let 
 it fall tor want of prevention, into the hands of the States, 
 knowing very well that His Majesty is able to maintain his 
 title by his hand against the States, and by his power 
 against any other prince or potentate whatsoever ; and 
 better it is that the Dutch, or any other nation whatsoever, 
 should be his subjects in this place, than that his subjects 
 should be subject to them or to any other. To which 
 may be added the practice of all men, at all tunes and iu 
 all places, in the like cause, entitling their sovereigns to be 
 governors where no government is already instituted Many 
 more particulars might be alleged, as the certain refreshing 
 of your fleets quickly acquired out of your own means by 
 plantation, and to be hoped for from the Blacks when a 
 Government is established to keep them in awe. The 
 whale-fishery besides, persuades us that it would be profit- 
 able to defray part of 3^our charge. The fruitfuiness of the 
 soil, together with the temper of the air, assures us that 
 the Blacks, with the time, will come in for their ease, and 
 of necessity. Time will, no doubt, make them your ser- 
 vants, and by serving you they will become hereafter, we 
 hope, the servants of God." 
 
 * Barrow's Travels in Southern Africa, vol. i., p. 2. 
 d2
 
 King James, however, and the East India Company did 
 not see the importance of the assumption of dominion. 
 Tiiey declined to second the views of the zealous captains, 
 and it was not until the year 1705 that the British Govern- 
 ment successfully carried out the suggestions made a cen- 
 tury and three-fourths previously by Shillinge and Fitz- 
 herbert. For thirty years more the Cape of Good Hope 
 remained what, since its disco ver}'' by the Portuguese, and 
 more particularly since the trade of Holland and England 
 to the East began to fluurish, it had been, — a post-office, 
 affording the means of communication between the out- 
 ward and homeward bound ships of the various India Com- 
 panies. The old Dutch writers* describe the manner in which 
 large stones, of a peculiar shape, brought from Holland, 
 engraven with the name of the ship and the officers, were 
 left at particular spots, as indications that beneath them, 
 or in a certain direction from them, were buried letters and 
 despatches; — a rude and apparently not very efficient mode 
 of ensuring postal communication, for we discover that be- 
 fore the actual settlement, this practice of the Dutch voya- 
 gers was changed into leaving these documents in the hands 
 of such of the natives as they trusted. On the arrival of 
 Van Riebeek, we find that he received despatches which 
 had been confided to a Hottentot or Ottentoo (for so the 
 Dutch originally wrote the name), who had been on a 
 voyage Eastward in an English ship, and who spoke the 
 Eucjlish languafje. 
 
 In a similar manner, the English and other Europeans 
 who made the Cape a place of call, communicated with their 
 passing countrymen, and through them with their homes, 
 or their Indian factories. The Cape of Good Hope, in fact, 
 before its occupation by the Dutch East India Company, 
 was the postal establishment between Europe and the East. 
 
 It was not, however, only a post-office. The water of 
 the stream afterwards called by the Dutch Amstel, or 
 Fresh River, then ran into the sea at no great distance 
 
 Yalentyn, Beschryviiig van de Kaiip, Kolbc, vol 1, pp. 09, 60.
 
 37 
 
 from the site of the present Castle, — and the numerous 
 herds of cattle wliich covered the hills and pastures in the 
 vicinity of the Bay, were a constant attraction for the 
 voyagers. In the daj^s of Diaz and De Gama, the moun- 
 tains near the coast were described as teeming with the 
 horned cattle and sheep of the natives ; and when the 
 Dutch effected their settlement, the wealth of the Ottentoos 
 in flocks was very large, and early excited admiration.* In 
 truth, it is probable, or rather it may be taken as histori- 
 cally certain, that for the purposes of all other traders be- 
 sides those who sailed under the auspices of the Netherlands 
 East India Company, the facilities for obtaining supplies 
 of provision were greater before the settlement by Van Rie- 
 beek than for many years after the Dutch occupation. At 
 that time, supplies of cattle, when at least they could be 
 obtained, were had from the natives for all Europeans 
 equally ; whereas, after the flag of the United Provinces 
 was planted at the Cape, the policy of the company re- 
 quired of its officers, that they should render the sojourn 
 of foreign ships distasteful and insupportable ; and by 
 abridging the accommodation in obtaining provision as 
 much as lay in their power, they succeeded, to a consider- 
 able extent, in driving strangers from this unfriendly shore. 
 But of this system of policy, beneficial indeed for the time, 
 though short-sightedly, to the monopolist trading associa- 
 tion, but most injurious to the colonists, and destructive 
 to all prospects of progress in the country, — more will he 
 said on a future occasion. 
 
 It is time that our attention be now directed to what 
 imniediately preceded the expedition under Van Riebeek. 
 
 It is generally supposed that Riebeek was the first who, 
 perceiving the advantages which would accrue to the Dutch 
 commerce by a settlement here, urged the colonization of 
 the Cape of Good Hope on the Netherlands East India 
 Company. This is not the case. On the return voyage 
 from India, in IGtS, a ship had been wrecked in Table 
 
 * Ricbcck'd Jovu-iial, i-iud Oct., lOb-'<. Moodic, p. W.
 
 38 
 
 Bay, — the Haarlem, — and the erew were here for five 
 months lielbro tlic arrival of the outward-bound Miuadron 
 enabled them to join their countrymen. Their treatment 
 by the natives bad been most friendly. In their unfortunate 
 position, they had met with humanity and commiseration ; 
 nud while thus able to biHir testimony to the kintlly con- 
 duct of the Ottentoos, they had it in their power also to 
 observe the capabilities of the soil. On their return to 
 Holland, accordingly, two of the shipwiecked mariners, 
 Leendert Jansz and Nicolaas Proot, addres.sed to the Cham- 
 ber of Directors of Amsterdam, a memorial, in which, to 
 use their own words, they " briefly set forth and explained 
 the service, advantaj^e, and profit which will accrue to the 
 united chartered East India Corapan}' from making a fort 
 an<l garden at the * Cabo de Uoa Esperance.'** In this 
 document, they express their surprise that the Spaniards 
 and Portuguese had never yet, from Table Bay, made any 
 attempt against the return ships laden with valuable car- 
 goes from the East ; for which purpose, they add, no fitter 
 place in the world could be found than the Cape. The 
 ships, not arriving in company (the memorialists continued), 
 it would be easy for the enemy, with eight or ten ships 
 on the watch or ready for action, with slight trouble nnd 
 no risk, to capture and carry off all, ship for ship. From 
 the experience they had gained, they enlarged on the 
 fruitfuiness of the soil, the facilities for bartering cattle, 
 and the probable profit of a whale-fishery. With refer- 
 ence to the natives, they speak in favourable terms ; while 
 their allusions to the conflicts between the natives and 
 their own countrymen as well as other Euroi)eans, do not 
 show the latter in the most favourable light. Their 
 remarks are curious, and at this date worthy of being 
 extracted in their own words : — 
 
 " It is said by some," — so tht^y report — " that the natives 
 are .savages and cannibals, and that we must always be on 
 our guard against treachery, as no good is to be expected 
 
 * Moodic' Kccord, p 1. Jnkomcudc Bricvcu. vol. 1.
 
 39 
 
 from them. This is, lio\vev(M', l»ut a fuolisli talo. That 
 tliey are without laws and civil policy, sucli as many of 
 the Indians have, is not denied ; that some of our own sohJiers 
 and sailors have been slain by them, is also true ; but the 
 reasons why these things have occurred are, for the excul- 
 pation of our own people, who have given them aiuse, 
 always concealed. It is our lirra belief that the farmers in 
 Holland, were strangers to shoot tiieir cattle or seize them 
 without payment, would not be a whit better than these 
 natives. 
 
 " We of the ship Haarlem can testify wholly to the 
 contrary, for the natives, even after we had lain there five 
 months, came daily to the fort which we had thrown 
 up for our defence, to trade in perfect friendship, and 
 brought cattle and sheep in large numbers." 
 
 They add that the chief mate, carpenter, and corjioral 
 of the Haarlem had gone to the huts of the natives, and 
 were received in a most friendly manner ; and conclude 
 thus : — 
 
 " Beyond doubt, their killing of our people hath hap- 
 pened more out of revenge for taking their cattle tlian for 
 the purpose, a.s is alleged, of cannibalism. So that (further 
 to quote this quaint document) we have not the natives 
 but the rude ingratitude of our own people to blame ; for 
 last year, when the fleet, under connnand of Wollebrandt 
 Gelijnsen, lay at the Cape, instead of making to the natives 
 any recompense for their good treatment of those of the 
 Hiutrlem, they shot seven or eight of their cattle, and took 
 them away without payment, the which may probably cost 
 some of our people their lives, if opportunity offers ; and 
 whether in truth they have not cause, your Honours will 
 please to consider." 
 
 Relying on these facts, they strongly urge that an es- 
 tablishment for barter should be erected ; and as to the 
 natives, add anotlier consideration : — 
 
 "By maintaining a good correspondence with them, wo 
 shall be able, in time, to employ some of their children as 
 boys and servants, and to educate them in the Christian
 
 40 
 
 roligion, wlicreby tlie erection of the contemplated fort and 
 garden will tend not only to the gain of the company and 
 the saving of many lives, but to the magnifying of God's 
 Holy Name." 
 
 This memorial attracted some notice in Holland, but no 
 decision was arrived at until, in 1G5I, Jan Van Riebeek, 
 who had been at the Cape in 1G4!9 with the fleet of Wolle- 
 brandt Gelijuseu, repeated the suggestions made by Proot 
 and Jansz, In one particular, however, he held very 
 different language, that is, with respect to the character 
 and degree of confidence to be placed in the natives. But 
 it must be boine in mind that his visit to the Cape had 
 been with the fleet, respecting whose unjustiflable conduct 
 the severe remarks which appear in the memorial of 
 Proot and Jansz were made. On this subject, Riebeek, 
 in his report to the directors, has the following obser- 
 vations : — 
 
 " Although Leendert Jansz does not appear to entertain 
 much apprehension of interruption from the natives, pro- 
 vided only they are well treated, I say, notwithstanding, 
 that they are by no means to be trusted, but are a savage 
 set, living without conscience, and therefore the fort should 
 be rendered tolerably defensible. I have often heard from 
 men, deserving of credit, that our people have been slain by 
 them without giving the slightest cause." 
 
 The expedition was then determined upon. It will be 
 cleai', from Riebeek's proceedings, that there was no pro- 
 spect or intention of colonization here. A place of call 
 for refreshments and for recruiting the sick, was required 
 for the company, and as far as should be practicable, to 
 the exclusion of all other Europeans. The BVench, Eng- 
 lish, Danes, and Portuguese, were especially to be antici- 
 pated in the formation of a permanent settlement in Table 
 Bay, though, in the first instance, active resistance was 
 to be opposed to the Portuguese only, as the declared 
 
 * Particular instructions to the Commanders, C. de Boa Esperauce. 
 — Moodie p. 0,
 
 41 
 
 enemies of the State.* Otlier Europeans, tliough not to 
 be resisted, were to meet with every discouragement. Ac- 
 cordingly, the Chamber of XVII gave their instructions 
 to the commanders of the Dromedaris, the Rer/(jer, and 
 the Hoop, which were chartered lor the performance of 
 the service. The chief command, as well of the expedi- 
 tion, consisting of about 100 men, to be left at the place, 
 as of the fortress which was to be constructed, was given 
 to Riebeek, under the title of " commandeur," or com- 
 mandant. A small defensive fort was to be built at the 
 mouth of the Amstel or Fresh River, according to a plan 
 furnished from home. And as the object of all this expen- 
 diture was solely that the outward-bound ships should be 
 provided with suitable refreshments, and that the home- 
 ward-bound ships should be able to avoid detention at St. 
 Helena, special directions were given that sedulous attention 
 should be directed to the rearing of all fruits and vegetables 
 adapted to the climate. As to the natives, all diligence 
 was to be applied to obtain their affection and confidence. 
 They were to be treated with the utmost kindness and 
 favour; and any attempts to injure them in their persons 
 or property were to be most carefully guarded against and 
 severely punished. On the 5th April, 1G52, Riebeek ob- 
 tained sight of land, but it was deemed necessary to be 
 most cautious in entering Table Bay' as it was feared that 
 Prince Rupert, whose movements at the time the ships had 
 left Holland were most suspicious, he being then on a cor- 
 sair expedition in the Atlantic, might be lying in wait to 
 attack and capture the richly-laden return fleet; and, if 
 there, he might not be disposed to allow the new Dutch 
 settlement to be made in peace.''" The cargoes of the return 
 fleet in this year appear to have been valued at nearly three 
 millions of florins ;t — so that the booty would have been 
 
 * llicbcck's Jourual April 5, 1G52. Moodic, p. 0. 
 
 t Stavorinus, vol. 3, Appendix, (Engl, Ed.) — Tho Princo does not 
 soem to have entertained any liostile intentions against the Dutch in 
 this expedition, — which was to tho Azores and tho West Indies, llo 
 hoped to captiu'c the English return licet. Warburtou, vol. ;?.
 
 12 
 
 a fair replenishment of the iinj)Overished excheciuer of the 
 b.uiished royalty of Enghmd. Tlie bay having; been ex- 
 amined, and discovered to be free of the dreade<l presence 
 of the Corsair Prince, Riebeek landed, immediately took 
 ])Ossession in the name of the company, iind without delay 
 commcnceil the construction of the fort. 
 
 He was a man ndmirably fitted for the position in which 
 he was placed, energetic and laborious, and of consum- 
 mate patience ; he spared no pains eflicientiy to carry out 
 the views of his superiors. Devoted to the service he had 
 chosen, the profit and honour of the company were to him 
 what the glory of their order is said to be to the Jesuits. 
 Thoroughly disciplined, he seemed to know no thought, 
 except in as far as, being carried out, it might tend to the 
 interests of his masters. Much piaise luus been bestowed on 
 liim for his supposed equitable and generous conduct to the 
 natives in purchasing from them the extent of ground 
 which he recjuired, at a price, according to Kolbe, of .50, 000, 
 according to others, of 90,000 florins.* On the other hand, 
 he has been severely censured for cruelty to the natives, 
 e(iual to that of the Spaniards in America, and his name 
 has been held up to the execration of posterity. Neither 
 the ]iraise nor the censure was merited. 
 
 lliebeek never bought or paid for an acre of ground 
 belonging to the uative.s. The necessity or equity of ]tur- 
 chasing from barbarians who knew not the value of com- 
 merce, and could not use a seaport, never entered his mind. 
 He took pos.session for the profit and at the command of the 
 Company, heedless of the theory of native rights in compe- 
 tition with the requirements of the East India Company's 
 commercial prosperity. The bargain whicli has misled 
 inquirers has, however, some foundation in truth. Twenty 
 years after Kiebeek's arrival, during the government of 
 Albrecht van Breugel, a nominal purchase was made by 
 the Commissioner, Aernout van Ovcrbeek in 1G72, of 
 
 * Kolbe, Kaap de Goede Hoop, vol, 1, p. Hi, L'Afrique Holland- 
 aisc, p. 'JO.
 
 43 
 
 ,-,, the coast between and inclusive of SaM;iiili;i ami 
 Hout Bay, from the hereditary Prince Manchanghou 
 or Schacher, for the sum of 4,000 reals ; and in the fol- 
 lowing year, Hottentot's Holland was in like manner 
 hought from the Prince D'Houw, hereditary sovereign of 
 that part of the country, for a like sum. In order to satisfy 
 the Home Authorities of the economy with which the local 
 government had proceeded, the Governor and Council, in 
 1G73, informed the directors that although the amount ex- 
 pended appeared munificent in the deed of purchase and 
 cession, the actual expense was not ruinous ; the 4,000 
 reals for the lands of the Cape having been settled in 
 brandy, tobacco, beads, and bread, to the value of fiorins 
 33 : 17, or about £2 1 Gs., and the 4,000 reals for Hotten- 
 tots Holland having been paid in merchandise of the actual 
 value of florins 81 : 1 G, or not quite £7. The romance of 
 Riebeek's equitable consideration of native rights may 
 therefore be dismissed. He never bought at all. The 
 purcliase was by one of bis successors, who, anxious to put 
 an end to disputes about pasturage and cattle fora}'?, fixed, 
 as he thought, permanent limits to the settlement which 
 had already extended beyond the wishes of the directors of 
 the East India Company. The contracts by which the 
 cessions were effected are still in existence."** 
 
 On the other hand, the accusation of cruelty and op- 
 pression of the natives by the first Dutch occupants, is void 
 of foundation. 
 
 The black scenes of our history which we would gladly 
 erase, are of a later period. There exists enough over 
 which we would willingly cast a veil. But the first settlers 
 are not justly chargeable with the guilt of bloodthirstiness. 
 
 It has already been observed that there were stringent 
 orders from home that everything possible shoidd be done, 
 to win the confidence of the natives, that kindness and good 
 
 * A Trauslatiou of one of these documents, which arc in tlic ofTjco 
 of tho Registrar of Deeds in Cape Town, is given by Mr. Moodic in 
 the llecord, p. :517.
 
 44 
 
 tventment could suggest. In accordance with these orders, 
 before hmding, Riebeek issued a proclamation to the men 
 under his command, in whicb, after ])remising that it was 
 necessary to act with great caution in regard to the wild 
 nation of the land, and to be in a posture of defence, he 
 specially orders that no cause of offence be given ; but, on 
 the contrary, all kindness should be shown them, and adds 
 this severe clause : — 
 
 " Whoso, therefore, ill treats, beats, or pushes any of the 
 natives, whether he be in the right or in the wrong, shall, 
 in their presence, be scourged with fifty lashes, in order that 
 they may perceive that such conduct is egainst our will ; 
 and that we are desirous to deal with them in all love and 
 friendship according to the order of our superiors."* 
 
 His conduct throughout certainly appears to have been 
 in the spirit of the doctrines laid down for his guidance by 
 the directors of the company at home. Natives, offending 
 against the Dutch, were treated with much lenity. Europeans, 
 offending against natives, were punished with exemplary 
 severity. As evincing Riebeek's forbearance and desire to 
 avoid all occasion of strife in obedience to the orders of the 
 Chamber of XVII, it may be remarked that when, after 
 eighteen months of peaceful and judicious intercourse with 
 the native tribes, a European youth, herding the cattle of 
 the Company (the whole then consisting of forty-four head), 
 was suddenly murdered near Lion's Hill, and the cattle all 
 carried off, the commandant issued a proclamation, wherein 
 he forbad all reprisals, and ordered that the natives should 
 be treated with equal kindness as before, lest the innocent 
 should suffer for the guilty. Assiduous attempts were 
 made for some years to trace the thieves and murderers, 
 but in vain. The honourable principle was not departed 
 from, that it was wise and becoming to search for the 
 actual culprits, instead of taking indiscriminate vengeance 
 on all on whom suspicion might rest. The assistance of 
 the Saldaniers, who informed the Government that the 
 
 * Moodic, p. 11.
 
 45 
 
 cattle were in the possession of a tribe known by the name 
 of Watermen, and who offered to attack them, was rejected.* 
 
 These are satisfactory indications that, at the first settle- 
 ment at least, whatever may have been the subsequent 
 deviations from this conduct, every disposition was mani- 
 fested by the Dutch authorities to maintain peace with the 
 tribes, and to respect their property, with the sole but 
 grave exception, however, of the land. 
 
 Not, indeed, that the credit of this conduct is quite due 
 to Riebeek's personal views of justice and policy. He was 
 restrained by orders from home, and he never disobeyed an 
 order. More than once has he recorded in his journal, how 
 easy it would be to seize large herds of cattle, — "if," he 
 says, " we but received orders to this? effect," and " thereby," 
 he adds, " we should not have to apprehend that the English, 
 touching here, would destroy the cattle trade with the 
 natives." t All propositions of this nature were, however, 
 met with severe censure from Holland.| and the commands, 
 regarding the natives, reiterated, despite frequent sugges- 
 tions of the commandant that they merited to be thus 
 punished for their thievish propensities. As a trustworthy 
 servant, Riebeek carried out honestly the humane behests 
 of his superiors ; but it is evident that instructions of a 
 more severe and less just nature would have been more 
 welcome. 
 
 The people who came lipre with Riebeek himself were 
 not colonists intending permanently to settle at the Cape. 
 All were paid servants of the Company; the men, in 
 course of time, to be removed to other stations ; the oflScers, 
 especially the commandant, who, after the first year, 
 urgently pressed his claim for promotion, expecting to be 
 
 * Resolution of Council and Proclamation of Riebeek, 21st Oct., 1653. 
 Moodie, pp. :36, 37. R.'s Journal, 22nd Oct., 1653, Moodie, p. 38. 
 
 t R.'s Journal, 13th Dec, 1552. Moodie, p. 23, 18th Dec, 1652. 
 Moodie, p. 25. 
 
 X Despatch from Chamber XVTI. to Riebeek, 6th Oct., 1654. From 
 Riebeek to Chamber XVII., 2Sth April, 1655. Moodie, p. 54 and 
 p. 01, &c.
 
 46 
 
 transferred to more lucrative posts in India. A watering 
 and cattle station ot the Company, under the charge of the 
 servants of the Company, was all that was intended by 
 the occupation of 1G52. The proposition that any free 
 men or burghers, not in the pay of the Company, should 
 be encouraged to cultivate the ground, was first made about 
 three years after Riebeek's arrival. Accordingly, some 
 discharged sailors and soldiers, who received, on certairl 
 conditions, plots of ground, extending from the Fresh 
 River to the Liesbeek, were the first free burghers of the 
 colony.* 
 
 With reference to the position of these burghers, and 
 that of others of a more desirable class, — tlie best by far 
 being the French emigrants, who, having sought refuge in 
 Holland from the tyranny of Louis XIV., were allowed to 
 establish themselves at the Cape of Good Mope, — it will be 
 requisite to enter on a fuller investigation on a future 
 occasion. Here it is sufiicient to say that, generally, the 
 term "free burgher" was a complete misnomer. The 
 first burghers were, in truth, a mere change from paid 
 to unpaid servants of the company. They thought, 
 in obtaining their discharge, that they had much 
 improved their condition ; but they soon discovered 
 the reverse to be the fact. And henceforward to the end 
 of the last century, we find the constantly repeated and 
 well-founded complaint, that the Company and its officers 
 possessed every advantage, while the free men were not 
 allowed even the fruit of their own toil. Traffic with the 
 natives, at first permitted on stringent conditions, was soon 
 prohibited, lest, thereby, prices should become too high for 
 the Company, when inclined to purchase. 
 
 The " free burghers " might buy nothing, except from 
 the Company, at the Company's store and price. They were 
 prohibited, according to the caprice of the governors, from 
 
 * Despatch from Riebeck to Chamber XVTl., 28th April, 1055. 
 Moodie, p. 61. Eesol. of 21st Feb., 1057. Instruction of Commissioner 
 Van Goens, IGth April, 1657. Moodie, p. 99.
 
 47 
 
 fishing in the bays. They might not supply strange ships, 
 for strangers were to be discouraged. Twenty years 
 after the establishment of the settlement, Commissioner 
 Verburg examined into the state of the colony for the 
 information of the Home authorities, and thus 
 
 1C72. 
 
 reports : — 
 
 "The Dutch colonists at the Cape of Good Hope bear 
 the name of free men ; but they are so trammelled and 
 confined in all things, that the absence of any freedom is 
 but too manifest. The orders and proclamations, from time 
 to time issued, are so rigid, that it would be impossible 
 to carry out the penalties therein, except with the utter 
 ruin of the burghers" 
 
 The natural effect of this narrow and tyrannous rule was 
 discontent, amounting often to disaffection. After a time, 
 every endeavour was made to escape be3'ond the immediate 
 control of the authorities. Thus the "Trekking" system, 
 with its attendant evils, the bane of South Africa, was 
 born. 
 
 By their illiberal spirit, wliich sought but temporary 
 commercial advantage in connection with the eastern trade, 
 — the Dutch authorities themselves, although generally 
 humanely disposed towards the natives, created the system 
 which caused their oppress:ion and extermination. 
 
 When, however, by the cultivation of the soil 
 ^ beyond a mere garden for vegetables, and the loca- 
 
 tion for farming purposes of the first free burghers, the 
 natives perceived that permanent occupation was intendeLl, 
 and that the Dutch were not satisfied with the harbour and 
 the valley where Cape Town now stanrls, they became 
 alarmed ; and a combination was formed between the 
 several neighbouring tribes to compel the departure of the 
 Europeans. The first frontier war was commenced by the 
 sweep of the colonists' cattle from the colonial side of the 
 Liesbeek River. This was in 1659. Here the first issue 
 was raised between the Native and the European on the 
 question of land. With this we must conclude this evening, 
 but such fticts are the burden of much of our history. The
 
 48 
 
 tale of tlie war is best and briefly told in the words of a 
 Hottentot prisoner, recorded in a despatch of Riebeek to 
 the Governor-General of India. Riebeek writes : — 
 
 " The prisoner, who spoke Dutch tolerably, being asked 
 why they had done us this injury, declared that it was for 
 no other reason than because they saw we were breaking 
 up the best land and grass where their cattle were accus- 
 tomed to graze, trying to establish ourselves everywhere 
 with houses and farms, as if we were never more to 
 remove, but designed to take, for our permanent occupation, 
 more and more of the Cape country which had belonged to 
 them from time immemorial. Their cattle could not get 
 to the water without passing over the corn land, which we 
 would not allow them to do ; they had consequently 
 resolved, as it was their country, to discourage us by 
 taking away the cattle with which we destroyed and 
 broke up the best land, and if that did not produce the 
 desired effect, to burn our houses and corn until we were 
 all compelled to leave." 
 
 The Governor-General, Maatzuiker, to whom Riebeek 
 had written that he had thus reluctantly been forced into 
 hostilities, deploring the fact, evidently sympathises more 
 with the natives than with the colonists of his own nation, 
 and comments thus : — 
 
 "Now that the Hottentots have been once roused, the 
 company will not have an easy possession, as may be 
 sufficiently ascertained from 3'our prisoner's reasons for the 
 war, viz., that they were unwilling any longer to suffer us 
 at the Cape, because you had occupied for your use the 
 best lands, which had been theirs from time immemorial, — 
 a grievance of these savage men, which we must admit. 
 It is well founded, and yet we can herein afford them no 
 satisfaction, while we continue to reside at the Cape." * 
 
 At the conclusion of this first war, the orders were 
 repeated that the natives should be treated with the utmost 
 kindness, and in the most conciliatory spirit. But they 
 
 * Dcepatcli from Batavia, loth December, 1659, Moodie,p. 197.
 
 49 
 
 vindei'stood not the kiudness by which they lost the land of 
 their fathers, and the conciliation of strangers who usurped 
 the soil as lords paramount. An indolent, dirty, and bar- 
 barian race, in the lowest stage of degradation of soul and 
 body, they were not so utterly dead in spirit, buttbat they 
 felt and fought for their native land. For this land they 
 battled then. Occasionally, there was a truce. The battle 
 endured till they lost all. The question now cannot be 
 asked — whose is the title ? But at least we, the colonists, 
 have no risfht to claim from the remnant of the descendants 
 of these savages, that their feeling towards us should be one 
 of gratitude. Our duties towards the sons of the former 
 possessors of this soil are great. Do we perform them ? 
 
 II. 
 
 Altiiough a detailed narrative of occurrences would be 
 beyond the scope of these lectures — and only the general 
 results of the events, from time to time after the European 
 occupation or the position of the natives on the one hand, 
 and the foreigners who soon became their lords, on the other, 
 can find a place in our present inquiry, — the parley which 
 preceded the peace concluded after the fii'st war, is 
 ■ of too much historical importance to be omitted. 
 It is an ancient and yet ever new tale. For the few square 
 miles hitherward of the Liesbeek River, picture to your- 
 selves the vast tract of territory which we now call our 
 own, exceeding in surface the united extent of both the 
 former and present parent states ; instead of the weak, 
 "unwarlike Hottentot take the athletic and warlike son of 
 Kosa; instead of the Dutch surgeon toiling to complete 
 an establishment to raise herbs and grain, and to barter 
 cattle for the refreshment of the wearied crews of his mer- 
 chant master's ships, homeward bound with the fruit of 
 their rich traffic, — let your eyes rest upon the gallant 
 general, — now fallen in the cause of civilised Europe 
 against the ambitious designs of the northern autocrat, 
 — who was commissioned hither by the most powerful 
 
 £
 
 50 
 
 Dation of the world to quiet the old troubles and arrange 
 the ancient confusion, — and mi;^dit not in truth, nearly the 
 same words apply to the circumstances of IGGO and 
 ]852?* Listen to a literal extract from Van Riebeek's 
 journal : — 
 
 "IGGO — April G. This day peace was renewed, at the 
 fort, with the captain and chief of the Goringhaiquas, 
 and all the ])rincipal and oldest of the tribe. It was pro- 
 mised upon both sides no more to molest each other, but of 
 the stolen cattle there were none remaining that could be 
 restored, and in lieu of these they promised to do their 
 best to induce the other tribes to bring in as many as 
 possible, out of the interior, in due time. They dwelt 
 long upon our taking every day, for our own use, more of 
 the land which had belonged to them from all ages, and on 
 which they were accustomed to depasture their stock. 
 They asked whether if they were to come into Holland, 
 they would be permitted to act in a similar manner sajnng.t 
 
 " ' It would signify nothing if you remained at the fort, 
 but you come quite into the interior, selecting the best 
 land for yourselves, and never once inquiring whether we 
 like it, or whether it will cause us any injury or incon- 
 venience.' They therefore insisted that they should be 
 again allowed free access to the pasture. We objected at 
 first that there was not grass enough for their cattle and 
 for ours also : they said in reply, ' Have we then no cause 
 to prevent you from procuring cattle ? For, if you get 
 many cattle, you come and occupy our pasture with them, 
 and then you say the land i.« not wide enough for both ! 
 Who then can be required with the greatest degree of 
 justice, to give away, — the natural owner or the foreign 
 invader?" They further insisted on their natural right of 
 property, and that they should be at least at liberty to 
 gather for their winter food the bitter almonds and roots 
 
 * This lecture was delivered shortly after the intelligence was 
 received of Sir George Cathcart's death at the battle of Inkermaun. 
 t Moodie, p. '2U5.
 
 51 
 
 which grew there by nature. But this could not be acceded 
 to, because, on the one hand, it would give them too many 
 opportunities to injure the colonists, and on the other, 
 because we this year had need of the bitter almonds 
 ourselves, for the purpose of planting the projected hedge 
 or live fence (a reason which was not stated to them) ; })ut 
 they insisted so much upon this point, that the true wc.rd 
 must out at last — that they had now lost their land in 
 war, — and, therefore, they could but expect to be hence- 
 forth deprived of it, — the rather because they could not be 
 induced to restore the cattle which they had wrongfully, 
 and without cause, stolen from us : that their country had 
 thus fidlen to our lot, being justly won by the sword in 
 defensive warfare ; and that it was our intention therefore 
 to retain the land." 
 
 Thus the tide of European occupation swept onwards. 
 Constant incursions by the natives on the locations of the 
 Dutch, — more indeed, at the first, for the purpose of regain- 
 ing the pastures than of seizing the cattle of the strangers, 
 which began to monopolize these pastures, — led naturally to 
 what was termed by the colonists defensive warfare, but 
 could not be deemed by the natives auglit else tliau further 
 aggression and encroachment. 
 
 In every instance, of course, there was a further seizure of 
 land, and a further retirement oi" the former owners of the 
 soil, until unable to fall back upon ground un()(rcu])ie(l by 
 other native tribes, they, at length, — no longer pioprietors 
 of a foot of their own land, — were constrained to remain 
 where their fathers' Hocks had covered the fields, " hewers 
 of wood and drawers of water" for the new lonls of South 
 Africa — or homeless wanderers in the desert, wiiich after a 
 time afforded them scarce a spot where they might legally 
 lay down their heads to sleep. 
 
 At first, all extension of territory, beyond the mere wants 
 ot the refreshment station, had met with opposition from 
 the East India Company. But the endeavour of Riebeek to 
 fix the boundary at the Liesbeek River had been vain. 
 The Commissioner, Ryklotf van Goens, had proposed that 
 E 2
 
 52 
 
 the Cape ]ioninsula slioiiUl be severe<l from the main hiiiJ 
 by a canal, but this was found to be impracticable. 
 
 The cession of the tract, which now forms the 
 ^^""" Cape division, ami of Hottentot's Holland, in 1G72, 
 were taken with the evident ])urpose, on the part of the 
 Admiral Aernout van Overbeek (under whose auspices the 
 nominal jnirclmses were effected), of permanently establish- 
 ing a secure boundary, and enjoying a lasting peace. But 
 again came the incursions, and again the defensive warfare. 
 In 168t, the Governor, Simon van der Stell, founded 
 Stellenbosch ; and shortly after, the country about the 
 Paail, Drakenstein, &c., was parcelled out to the French 
 iGSo to refugees. After this period, there was no affecta- 
 1690. tion of a desire on the part of the Dutch authori- 
 ties that native claims to land should be respected, and 
 that there should be an end to the extension of the colonial 
 territory. Thus the land of Waveren, subsequently called 
 Tulbagli, was soon added, and — the authorities sometimes 
 preceding the inhabitants, more frequently the colonists 
 preceding the authorities — possession was taken from time 
 to time of the lands to the north and the east, until the 
 arid wilderness northwards and Kafir defiance eastwards 
 formed the boundary of European encroachment. 
 
 Although, however, all this usurpation of territory could 
 not be effected without wrong, — and violent wrong, — to 
 the aboriginal inhabitants, it is due to the early govern- 
 ment, with all its faults of oppression and despotism, — 
 and to the early colonists, however unmindful of native 
 rights, — to repeat what has been urged on a former occa- 
 sion, that they were not wanton shedders of blood. That 
 where the native and the European met in the conflict of 
 interests, blood did flow can unfortunately not be denied ; 
 but to the honour of the early colonists and government, 
 and to the shame of later days, and later governments, it 
 should be remembered that for the greater part of the first 
 century of the Dutch occupation, the life of the black man 
 was as sacred as that of the white ; and that the atrocities, 
 at which we shudder, of the men who hunted down Bush-
 
 men like wild beasts were reserved for the end of the last 
 and the commencement of the present century. Callousness 
 by familiarity with such deeds, and impotence of the Gov- 
 ernment to reach the criminals, nourished the crimes. 
 From the foundation of the colony to 1750, such enormi- 
 ties were scarcely known. 
 
 But the Government of the colony, the colonists them- 
 selves, and their political position, claim our careful atten- 
 tion. 
 
 Who then were these men, who thus, as of right, chased 
 from the possession of their fathers the native holders of 
 the soil ? Europeans, did they bring hither the civiliza- 
 tion and progress of Europe ? Staunch republicans, whose 
 sires had for three-fourths of a century withstood the most 
 powerful monarchy of the age, in the heroic defence of their 
 civil and religious freedom, — did they here plant the prin- 
 ciples of liberty? A trading nation, did they promote 
 commerce and obtain for the country of which they des- 
 poiled the barbarian proprietors, the advantages, which 
 were the natural result of its commercial position ? An 
 industrious people, bearing high rank for thrift among the 
 nations, — who were justified in their settlement only by 
 reason of the theory which the civilized maintain in order 
 to ratify the spoliation of their uncivilized fellow-men, that 
 the tenure by which man holds portions of the earth from 
 God, is toil and the sweat of the brow, and that, — the 
 condition broken, — the dominion of the soil becomes vested 
 in the first aggressors who will guide the plough and till 
 the earth, so as to yield wealth to the labour of tiieir hands, 
 did they developo the resources of the land ? Did thoy 
 socially and politically afford an example of labour, civili- 
 zation and freedom to the barbarian and semi-nomad races, 
 who were expelled from the homes of their fathers on 
 account of savage unworthiness to compete with the claims 
 of the superior European ? 
 
 In order to reply fairly and honestly to these question?, 
 it is necessary to enter into an inciuiry of a twofold nature 
 — with reference to the form of the Government to which
 
 54 
 
 the colonists were subjected, — and witli reference to the 
 colonists themselves. The Dutch colonial system as exem- 
 plified at the Cape of Good Hope, or rather the system of 
 the Dutch East India Company (for the nation should not 
 \vh0ll3' suffer under the condemnation justly incurred by a 
 trading association that sought only pecuniary profit) was 
 almost without one redeeming feature, and was a dishonour 
 to the Netherland national name. In all things political, 
 it was purely despotic ; in all things commercial, it was 
 purely monopolist. The Dutch East India Company 
 cared nought for the progress of the colony, — provided only 
 that they had a refreshment station for their richly laden 
 fleets, and that the English, French, Danes, and Portu- 
 guese had not. Whatever tended to infringe in the slightest 
 degree on their darling monopoly, was visited with the 
 severest penalties, whether the culprit chanced to be high 
 in rank or low An instance of this, ludicrous while 
 grossly tyrannical, is preserved in the records. 
 
 Commander van Quaelbergen, the third of the Dutch 
 Governors of the colony, was dismissed from the Govern- 
 ment in 10G7, and expelled the service of the company, 
 because he had interchanged civilities with a French 
 Governor, bound eastwards, the United Provinces being 
 then at peace with France. " Not only," so the despatch 
 appointing Quaelbergen's successor complained, " had he 
 ,,.,, ventured to give the French a kindly reception 
 ashore, but he had quitted his post in the fort, and 
 had proceeded on board the French ship, a most inexcus- 
 able fault, for which the Chamber of XVII felt bound to 
 express their grievous displeasure, as subversive of all 
 military discipline."'"* He was ordered instantly to resign 
 the command, to proceed with the first opportunity to 
 Batavia, to earn his livelihood there or elsewhere as he best 
 might, being discharged from the company's service. By 
 special favour, permission was granted him to return to 
 Holland from Batavia by one of the Company's ships. 
 
 *Vide Moodic, p. 229. Dcsp- 20th November, iri(i7.
 
 55 
 
 That errors of a like nature might not be again com- 
 mitted, the directions according to which the authorities at 
 the Cape were in future to regulate their conduct with 
 regard to foreign ships, were clearly and distinctly laid 
 down. Permission to take water was not to be refused 
 them. But refreshments were not at all, or in the least 
 possible quantity, to be supplied. In particular, all ships' 
 stores were to be absolutely denied under all circum- 
 stances. 
 
 The plea of scarcity and of an insufficient supply for the 
 wants of the establishment itself, was upon every occasion, 
 truly or falsely, to be put forth. At the conclusion of the 
 missive, the complaint is urged against the colonial authori- 
 ties generally that instead of rendering the place disagreeable 
 to other Europeans, it appeared that pains were taken to 
 entice them to visit the Cape. Such dereliction of duty is 
 strictly forbidden, and the Governor Borghorst, and his 
 council are recommended to take example by the conduct of 
 the Portuguese in Brazil, who were in the habit of giving 
 all such guests a most unwelcome reception.* 
 
 While these were the rules which were usually rigorously 
 enforced against strangers, it occasions no surprise that the 
 records about this period, and for some time before, indicate 
 the dissatisfaction of the English and others, who had before 
 1652 made this their resting place. The English indeed 
 •were loud in their threats, and, during Cromwell's lifetime, 
 insisted that by the commission of the Protector they were 
 entitled to trade and barter cattle at the Cape of Good 
 Hope, and that he would not suffer his nation to be treated 
 with such discourtesy. But Cromwell did not long survive ; 
 and his successor, the vassal and pensioner of France, — in 
 whose reign the Dutch cannon thundered in the Medway 
 and the Thames, spreading dismay and panic to the metro- 
 polis, and who, afterwards, for French gold, vended the 
 national honour at home, — could not enforce respect for the 
 British flag abroad in remote seas. 
 
 * Despatch 20th Novembor, 1G67.
 
 66 
 
 It was not until William of Orange, Stadthokler of Hol- 
 lan i ascended the British throne, as Liberator of England, 
 that some relaxation was obtained in favour of English ships. 
 
 Of this nature was the foreign policy of the Dutch 
 Company at the Cape of Good Hope ; modified indeed in 
 some degree, from time to time, but governed by principles 
 of jealous, stringent monopoly until the surrender of the 
 colony by Commissioner Sluysken in J 795. The internal 
 government of the colonists for the entire duration of the 
 East Indian Company's rule was always tyrannical, often 
 oppressive in the extreme. With proclamations, placaats, 
 and statutes abundantly filling huge tomes, the caprice of 
 the Governor was in truth the law. The excesses and enor- 
 mities of Van der Stell, at a comparatively early period of 
 our history, of Van Plettenberg, and a despotic functionary, 
 the " Independent Fiscal " Boers, towards the close of the 
 last century, and of many intervening petty tyrants, are in 
 truth almost incredible to us, who, called freemen, enjoy the 
 rights of freemen, and who would fain believe that those 
 who bore this name in our country in the olden time were 
 privileged, as we are, to know the blessings of liberty. 
 
 A mockery of popular institutions, under the name of a 
 Burgher Council, indeed, existed : but this was a mere 
 delusion ;* and must not be confounded with the system 
 of local government by means of district Burgher Councils, 
 not long since mentioned, with high and deserved praise, 
 in the legislature, which that most able man, Commi^ioner 
 de Mist, sought to establish during the brief government of 
 the Batavian Republic from 1803 to 1806 : when the Dutch 
 nation, convinced and ashamed of the false policy by which 
 they had permitted a mere money-making association to 
 disgrace the Batavian name, and to entail degradation on 
 what might have been a free and prosperous colony, sought 
 to redeem their error by making this country a national 
 
 * For the working of this Burghers' Council vide JJAfriqut Hoh 
 landaise, p. 85, " Conseil de Bourgeoisie." The origin is to be found 
 in Commissioner van Goen's instructions of iGth April, 1657 
 Moodio, ]). 100.
 
 57 
 
 colonial possession, instead of a slavish property, to be neg- 
 lected, oppressed, or ruined, as the caprice or avarice of its 
 merchant owners might dictate. 
 
 But on no account did the Dutch East India Company, 
 at the first, desire real colonists at the Cape of Good Hope, 
 for these would but thwart the objects and purpose of their 
 monopolist mercantile establishment. Men drilled into sub- 
 jection, of the lowest grades in their military and naval 
 service, were seduced by the alluring promise of liberty 
 from this service, in which advancement and amelioration 
 of condition were very difficult, and these, dignified with 
 the name of free Burghers, but ranking beneath and sub- 
 servient to the meanest official, were our earliest citizens. 
 A true colony of men, worthy of the national reputation : 
 of the sons of those who had rescued their fatherland, in 
 the noblest war of liberty of modern days, from the Spanish 
 oppression : — of the men who even then, under the auspices 
 of Tromp and de Ruyter dared the great Protector, and 
 disputed the empire of the seas with Blake : who, not long 
 afterwards, single-handed, gloriously withstood the power- 
 ful Louis the XlVth and his subject. King Charles of Eng- 
 land : — a colony of such men would have been dangerous. 
 Liberty had been too long their watch -word. AVith such 
 men the foundation could not have been established of the 
 Government, of which, in the memorial of the States-Gene- 
 ral in 1779, the entire colonial population in bitter despair 
 complained, as an administration arbitrary, oppressive, 
 tyrannical, and corrupt. 
 
 Accordingly when a colony, — not in the lofty, national 
 sense, which is its true meaning, but in the degraded sense 
 in which the East India Company understood the term, — 
 was decided upon, these were not the chosen colonists. And 
 we must not shrink from the inquiry, who were the men 
 selected for this position — under what conditions — to serve 
 the Company's purposes ? 
 
 In 1657, we find from Riebeek's Journal that, 
 
 first on his suggestion and then upon instructions 
 
 of the Commissioner van Goens, offers of land and assistance
 
 58 
 
 in cultivation having been duly made to them, a few of the 
 labourers, soldiers, and sailors in the employment of the 
 Company expressed their desire to be liberated from their 
 engagements of service, and consented to endeavour, in two 
 parties — apart from the Government farming establishment 
 — to cultivate the soil. One of these parties, consisting of 
 four men, of whom Herman Remajenne, a German soldier, 
 was the principal, was located near the Liesbeek River. 
 This location was intended principally for the cultivation of 
 grain. The headman of the other party, which consisted 
 of five, was Stephen Jansen, a Dach sailor. These were 
 expected, in addition to grain, to cultivate tobacco, and 
 rear poultry. They were established in Table Valley. '^^ 
 
 Being without means, the nine freedmen, the germ of the 
 Burgher population of the colony, were supplied with im- 
 plements and seed on credit, by the Government, to be 
 repaid by the produce of the land. 
 
 Some of the conditions on which these men, as it is 
 expressed in the old documents, "became free" were, that 
 after three years they should be entitled in full property to 
 all such land of their locations as they had during that 
 period by themselves, or such servants or slaves as they 
 could obtain, placed under cultivation. They were bound 
 to purchase from the company, at prices fixed in the con- 
 ditions, all the cattle they might require for the purpose of 
 agriculture or food. They might make no purchase of this 
 kind from the natives, under penalty of confiscation of all 
 the property they might possess. They were not permitted 
 to sell any stock whatever, or any farm produce, except to 
 the company at the stipulated price. One-tenth of all in- 
 crease was to be the immediate property of the company. 
 One commercial privilege was however guaranteed them, 
 that they might sell such of their fruits and vegetables, as 
 were not required by the authorities, to tht crews of the 
 company's ships, not to foreigners, who happened to be at 
 
 * Vide Eiebeek's Journal, 21st February, 1657. Instructions of 
 Van GoenB, 16th April, 1657.
 
 59 
 
 anchor in the bay ; but only after the third day after arri- 
 val, in order that the company might first have the oppor- 
 tunity of disposing of tlie fruit and vegetables of the Gov- 
 ernment garden. 
 
 Further they were to be supplied with muskets and ammu- 
 nition for their defence, to be charged against them in account. 
 •' On all which conditions," the contract proceeds to state, 
 "their freedom hath been granted to the colonists of the 
 abovementioned two plantations, according to the certificate 
 of discharge delivered unto each in pursuance of our Indiao 
 customs in token of their emancipation from service." 
 
 " And," a further document states, " that the above- 
 mentioned freemen should dwell in concord and order, it is 
 directed that they shall stand under and be governed by 
 such civil laws and enactments as are customary according- 
 to the laws in force in Holland and in the Indies, or such 
 as shall hereafter be set forth in placaats and otherwise, all 
 ■which would be too lengthy to be herein included, but will 
 from time to time be better understood as they shall be 
 promulgated by our masters at home." 
 
 Such were the first Burghers of the colony ; and 
 with regard to them the Government of the colony, 
 •which endured when better men came, was instituted. 
 Seduced by the desire for land, which is inherent in the 
 human breast, the early colonists, few in number, weak in 
 character and in spirit, by the grinding rules of a despotic 
 service taught to consider themselves immeasurably inferior 
 in the presence of their masters, the higher officers of the com- 
 pany, entered into what they soon felt to be a state of slavery. 
 In a remonstrance embracing their grievances, for they 
 soon felt the position in which their ambition to possess 
 land had thrust them, they piteously call on the Governor 
 to place them in a state to enjoy the fruits of their indus- 
 try, or to restore them to their former employment, " for," 
 they exclaim, " we did not become free to be the 
 company's slaves." * At this time, 1 658, the free- 
 men had increased to the number of fourteen. The petition 
 
 * Vide Riebeek's Journal, 23rd December, 1658,
 
 60 
 
 was approved by all ; and it gives some clue to the social 
 position of the petitioners to observe that seven were 
 capable of writing their own names, while the other seven 
 testified their approbation of the contents of the memorial 
 by marks. These were the men of whom, for the first 
 thirty years of Dutch domination, the colonial Burghers 
 consisted. 
 
 They increased in number, not very rapidly, but year by 
 year, new men, — Germans, Danes, Portuguese, Flemings, 
 and Dutch were discharged, and tried their fortunes as 
 colonial proprietors. They were very poor, for before they 
 placed a sj)ade in the soil, they were debtors ol the com- 
 pany. They were permitted to have dealings with none 
 except with their creditor. And under such circumstances 
 it needs no p»-oof, that whether the creditor be a powerful 
 association like the Dutch East India Company, or a private 
 individual, solicitous of his own gains, especially if he have 
 the privilege of fixing his own price for sale or purchase a 
 very long time must elapse ere the hapless debtor is released 
 from a position of bankruptcy. 
 
 Witii reference to these original colonists, therefore, it is 
 not surprising to find in the despatches of Wagenaar, 
 Riebeek's successor, and in his instructions to Quaelbergen, 
 who was appointed to relieve him, passages of the following 
 tenor — written in IGGG — fourteen years after the foun- 
 dation of the settlement : — 
 
 " With respect to these freemen, or Cape colonists, 
 I have to remark that, hitherto, their freedom and 
 domiciliation have been granted to them w'ith no other 
 view than to aid in cultivating the soil here, and rendering 
 it fruitful, so that we may be able to obtain our own bread 
 and rice for the Company, and not require, as has hitherto 
 been the case, to seek it in India or elsewhere. 
 
 " ^lany have ceased to work, and have implored to be 
 received back into the Company's service, or at least to be 
 permitted to earn their subsistence in some other way, or to 
 set up shops near the fort, to retail brandy to the garrison 
 or ships' crews."
 
 Gl 
 
 And again — 
 
 "These freemen are still in as poor a condition as 
 ever. Tiie greater part of them, particularly the married 
 men, are and continue poor. We have induced them by 
 fair words to return to their former farm work, as it was 
 with this object that they, upon their own proposal, were 
 made free." 
 
 And respecting some of the worst characters, he writes — 
 " In the event of a hostile attack, they would be the 
 first to go over to the enemy and to assist them ; aye, there 
 be among them some who have long since wished and prayed 
 that the English fleet might but come hither to convey 
 them from this * Devil's land ' (as they call it) to some 
 other place." 
 
 Of these latter, Wagenaar informs his successor that he 
 liad, during the past year, sent three to the Mauritius, to 
 strengthen the garrison there ; and he recommends Quael- 
 bergen to adopt a similar course with reference to several 
 of these " lazy and worthless rogues." 
 
 The first colonists of our country being of this class, it 
 was natural that they should be subjected to the fetters of 
 a despotic rule, which afterwards, when emigrants of a 
 superior order fixed their habitations at the Cape of Good 
 Hope, it was found impossible to burst. And such con- 
 tinued the position of Cape colonisation through the gov- 
 ernments of Borgliorst, Godske, Bax van Hereuthals, in 
 whose time the Castle was built on its present site, and 
 Crudax. In IGS-i, in the days of Simon van der Stell (the 
 same who explored the copper regions and discovered rich 
 specimens of the metal, but despaired of carrying the 
 treasure economically to the seacoast), in consc(|uence of the 
 urcrent recommendation of the minister Van Rheede tot 
 Drakenstein, a number of young men, from Holland princi- 
 pally — about fifty farmers and mechanics — were induced 
 to emigrate to the Cape, and at the same time a like 
 number of young women, of poor but respectable parentage, 
 were also sent hither. Lands were then granted, sixty
 
 62 
 
 niorgen in extent, and Stellenbosch and part of Draken- 
 stein were settled. 
 
 At this time, however, the colony had been a third of a 
 century founded. Despotism had taken deep root. The 
 foundations of tyranny were firm. The term " colonial free- 
 man " had lost all signification of the liberty which freemen 
 in Europe enjoyed. The heads of the Government and the 
 original burghers knew that freedom here was the mockery 
 of a name, that burghership was a state of subserviency to 
 the Company, and the new comers, whatever their European 
 views of the rights of citizenship, were constrained to bow 
 their heads and yield. 
 
 Dependent on the Government, if in all things obedient, 
 they might prosper in their private circumstances. But to 
 assert any political right, or to murmur against exactions, 
 entailed confiscation of their all, separation from their fami- 
 lies, exile to the Mauritius, or some other penal station. 
 1685 to Within two and three years a small, but most 
 1688. valuable, accession of men arrived, the French 
 Huguenots. The States-General of the United Provinces, 
 in those days the guardians of the oppressed in Europe, had 
 received with sympathy and hospitality the martyrs for 
 conscience sake, whom Louis XIV, to his eternal disgrace 
 and to the irrecoverable injury of his country, expelled 
 from their fair homes in France. Many fixed their abode 
 in Holland. England, Brandenburgh, and Switzerland 
 received the benefit of their presence. But there were yet very 
 many in penury, who could not find immediate employ- 
 ment in the densely peopled States of Europe. The East 
 India Company had lately sought for emigrants from Hol- 
 land. But few could be spared them. It was proposed 
 by the States General to the East India Directors tnat they 
 should offer a home to the French exiles, in their African 
 possessions. Accordingly, a scheme for the settlement of 
 the refugees was planned ; but comparatively few were 
 conveyed to their home beyond the ocean. On the ground 
 that hostilities with France were apprehended, and that 
 national feeline: micfht cause the new colonists to rise against
 
 63 
 
 tlieir benefactors iu the interest of the King from whose 
 tyranny they had fled, there followed but a partial fulfil- 
 ment of the intended plan. 
 
 This does not, however, seem to have been the true 
 reason of the early abandonment of the proposed scheme. 
 It was rather because the Chamber of XVII well knew that 
 it would be difficult to bind in the trammels in which the 
 " freemen " of the Cape were held, too many at a time of 
 those who had already sacrificed much, and would gladly 
 sacrifice more, in the cherished cause of liberty. A few 
 might be beneficially used, while many would be the 
 destruction of despotism. The total number of French 
 Protestants who arrived before 1688 did not amount in the 
 whole to SCO men, women, and children. 
 
 But although established in the beautiful valleys where 
 their descendants yet dwell, under their own vine and fig 
 tree, and undisturbed in the exercise of the religion for 
 which they had left home and hearth, they soon discovered 
 that under the rule of the Van der Stells, there also was 
 persecution, that all expression of dissatisfaction with the 
 authorities was a heresy, and that the great tyranny of the 
 French monarch from whom they had fled was reflected in 
 the petty despots who governed uncontrolled at the Cape of 
 Good Hope. 
 
 The position of the governors and governed, of the Com- 
 pany's servants, who had a virtual licence to act as they 
 pleased provided the interests of their masters were not 
 injured, and of the freemen, who possessed liberty to do 
 naught that might infringe on the Company's profits or 
 displease the Company's servants, cannot be better dis- 
 played than by a recital of the events that resulted in the 
 recall of Wiliem van der Stell at the commencement of the 
 last century, — not many years after the bodies of Dutch 
 and French, of whom mention has just been made, were 
 settled here. The Van der Stells, father and son, held sway 
 over the colony for a long period, nearly thirty years ; and 
 after the accession of the son to the Government the father 
 continued to reside on his estate, rendering his advice and
 
 64 
 
 nssistance ; so that a fair juJgment of tlic state of the Gov- 
 etnment of these thirty years may be formed from the 
 transactions whicli follow.* 
 
 In 170.'), (at tliis period the free burghers of the 
 colony, including the late accessions, numbered 
 about 450), the smothered discontent could no longer be 
 repressed. Not only were heavy fetters imposed on the 
 industrious colonists, and commerce absolutely denied, but, 
 in the very pursuits by which they were to earn their 
 livelihood, they were subject to ruinous competition by the 
 Governor himself, the late Governor, the Governor's brother, 
 
 * Tko formidable titles given below aro prefixed to some cumbrous 
 pamphlets iu folio, to be found in the Dessinian department of the 
 Public Library, and in some private collections in this colony. 
 
 1. Klagtschkift, in den jare 17t.>t3, aan Ilaar Wcl-Edel Uoog Acht- 
 baarheden, de Heercu Bewindhebbers ter illustre Vergadoring 
 van XVII. 
 
 Memorial of Grievances, to the Honourable Right Worshipful the 
 Directors forming the Illustrious Assembly of Seventeen in the 
 year 170G. 
 
 2. KoRTE Deductie van Willem Adriaan van der Stel, gewezeno 
 Extraordinaris Raad van India, en Gouvcrneur aan Cabo de Boa 
 Ksperauce : tot destructie endo wcderleg;5iuge van alle do Klagten, 
 die cenigc vry-luyden van do voorz : Cabo, aen do Edele Achtbarc 
 Heeren Bewindhebberen van de O. I. Compagnie over hem hadden 
 gedaan, &c., &c. 
 
 Brief Deduction of W. A. van der Stel, late Councillor Extraor- 
 dinary of India, and Governor of the Cape of Good Hope, in destruc- 
 tion and refutation of all the accusations, which certain freemen of 
 the aforesaid Cape have made against hira to the Honourable and 
 Worshipful Directors of the E. I. Company, &o. 
 
 3. Neutrale Gedagten over zekere Korte Deductie die den Edelen 
 W. A. van der Stel heoft belioven in opcnbaren druk uit te geven. 
 
 Neutral Reflections on a certain Brief Deduction which the 
 Honourable W. A. van der Stcll has been pleased to put forth in print' 
 
 4. Contra Deductie ofte Grondigo Demonstratie, van de valsheit 
 der uitgegevene Deductie, &c., door de twee gcmachtigden van ecnigo 
 der Kaapsche inwoondcren. Jacobus van der Hciden en Adam Tas. 
 
 Counter Deduction, or Perfect Demonstration of the fnlsehood of 
 the published Deduction, by the two agents of some of the inhabitants 
 of the Cape: Jacobus van der Hcideu cu Adam Tas ; ITIii. 
 
 \
 
 65 
 
 the clergyman, and others who carried on farming establish- 
 ments under favourable circumstances, and who naturally 
 preferred themselves to supply the Comj)any'3 magazines. 
 The Governor himself, armed with all the advantage of his 
 uncontrolled authority, had a magnificent mansion and farm 
 at Hottentots Holland, and amassed consideiable wealth. 
 
 At length, unable to tolerate the oppression, thus occa- 
 sioned longer, the colonists petitioned ; but this they did not 
 venture openly. A document, signed by .sixty-one burghers, 
 was secretly conveyed to the Supreme Government at Batavia 
 by one of the outward bound ships. In this the accusations 
 against Van der Stell were of the following t^nor : that in 
 contravention of orders from the Supreme Government, the 
 Governor had a great farming establishment at Hottentots 
 Holland* built upon as if it were a whole town, on which 
 fifty farmers could gain their subsistence ; which farm was 
 most extensively cultivated for Iiis private profit; that he 
 had planted upwards of 400,000 vines, and had a stock there 
 of as much as 800 head of cattle, and 10,000 sheep; that 
 he emi)loyed for his farming purposes as many as sixty 
 tradesmen and servants in the Company's employ, and more 
 than one hundred of the Oompany's slaves ; and that for 
 the purposes of the farm he made constant use of the 
 
 • " His Excellency has, about twelve hours from the Cape, an im. 
 modoratoly large estate, as grandly built upon as if it were a wholo 
 town. Besides this, he possesses huge cultirated lands, on which 
 fifty farmora might, gain a livelihood, llo uiuiually sows great quan" 
 titioa of whoat and has a vineyard containing -I'lCXOvKt vines. Ho has 
 likewise HiM) head of cattle, and upwards of lit.Oui) sheep. On this 
 ostato there are nioro than sixty of the Company's servants, — tho 
 head gardener of the Company being the superintendent, — with sub- 
 officors, sailors, and soldiers, all of whom draw rations and pay 
 Among them are masons carpenters, painters, cal)im.'t-makera, carvers, 
 wood-cutters, herdsmen, thatchers, millers, who<>lwrightH, and other*. 
 ITo likewise employs on tho place one htiiidred of the Company's 
 laves, male and female, besides having the services of the Company's 
 smiths and wagoners. His wagons, ploughs, &c., are made of tho 
 Company's iron, and the wood-work of wood cut in tho Corapany'a 
 forests." — KL.v.\GsciiRirr.
 
 Q6 
 
 property of the Company, — such as iron from the magazine, 
 and wood, as well imported, as from the Company's forests. 
 
 That beyond the Hottentots Holland mountains he had 
 fifteen cattle stations, which were under the charge of persons 
 in the pay of the Company. 
 
 That, at his caprice, he monopolised the pasture for his 
 own cattle and those of his brother and father, and that the 
 latter especially was guilty of most ruinous oppression to the 
 other farmers."^^ 
 
 That the large number of cattle which he possessed had 
 been obtained in trade with the Hottentots, and partly 
 seized by force from them ; and that His Excellency and 
 his brother, and the clergyman, Petrus Kalden, thus traded 
 with the Hottentots, secretly, and for a long period, during 
 which the trade had been forbidden. And even afterwards, 
 when by order of the authoi'ities in Holland this trade had 
 been thrown open, the Governor kept back the order, while 
 his own barter with the natives was carried on. 
 
 * " In order briefly to point out by what means the Governor has, in 
 BOBhort a time, become proprietor of so much cattle, j'^our honours are 
 hereby informed that the Governor and his brother, Frans the yonkei*, 
 the clergyman Petrus de Kalden, and others of the Company's ser- 
 vants, were the first who undertook the barter of the cattle : for this 
 was done by them in an underhand, secret manner, without the 
 knowledge of any one else that the traflSc had been opened. In order 
 to carry on this trade, they dispatched a large number of men, with 
 powder and lead, who bartered indeed from some, robbed others in 
 most scandalous wise, and foi-ced the cattle from them ; and in such 
 manner, the barterers returned home well provided. For the rest 
 His Excellency has, by foul means, filched cattle from several 
 burghers^ &c. Now, when the Governor and the other gentlemen 
 had bartered abundantly, he declared the trade open; but after a little 
 time, this was again forbidden by placaat. Upon this, when the 
 directors again declared the free traflic open to the inhabitants, the 
 order was withheld by the Governor, while he was himself busied 
 with barter in his own behalf, having, for the purpose, sent away his 
 superintendent, who returned with 300 head. The improprieties com- 
 mitted herein have excited the Hottentots; and those, for the injuries 
 Buffered b}' them, wreak their vengeance on the innocent. 
 
 In like manner, the ex Governor deals Avith his neighbours> 
 injui'ing them as much as he can. — EIlaagscilritx,
 
 67 
 
 More particularly with reference to the clergyman^' who 
 has been mentioned, they complain that he was one of the 
 largest farmers, and occupied himself far more with his 
 agricultural operations than with his pulpit ; that, occa- 
 sionally, he was for more than a fortnight at a time on his 
 farm, and that the church having been buill at much ex- 
 pense to the community, he often absented himself on the 
 Sabbath, taking his pleasure in the country, even on occa- 
 sions when the holy sacrament was to be administered. 
 Being in high favour with the Governor, his reverence 
 cared little for the murmurs of the people, and did not 
 hesitate to say that when the Governor and second officer 
 in rank were absent from town, he saw no reason why he 
 should remain to preach to the vulgar. 
 
 Returning to the complaints respecting ihe Governor 
 they allege that he was frequently absent for several weeks 
 on his farm, during which period the citizens often were 
 seriously inconvenienced, as he refused to see any one ex- 
 cept at the Castle for the transaction of business. 
 
 With reference to the wines, it was complained that the 
 Governor prevented the farmers from selling their wine to 
 any one but himself. That while he compelled them to 
 
 * " In few words wo shall add something more of our minister. 
 Be it known to your honours, that he too is one of the largest farmers. 
 
 • . . He makes no account of religion, inasmuch as he is much 
 more interested about his cultivated lands than about his pulpit. IIo 
 sometimes for a fortnight together enjoys himself on his farm. . . 
 Now a great church has been built of the monies of the poor, and o£ 
 this building the minister was the chief advocate ; but it is more than 
 pity that this church must be so often empty, because the clorgyraau 
 enjoys himself in the country, which is not alone a grievous injury to 
 the poor, but a scandal to the congregation. 
 
 " It hath often happened that people have come a considerable 
 distance from the country to have their children baptized, and others 
 to be joined in matrimony, but were compelled to return homo sore 
 disappointed because his reverence was attending to the increase of 
 
 his wordly goods at the farm . . . Of an absence for two 
 
 Sundays, and tliat frequently, he thinks nothing ; and dares to say^ 
 
 * If His Excellency and the second person arc not at the Capo, what 
 shall I do there.' " — Klaagscerift. 
 
 f2
 
 68 
 
 deliver him the wines on their farms for twelve to twenty 
 rixdollars the leaguer, he monopolized the sale to Dutch and 
 foreign ships, supplying these at the enormous price of one 
 hundred dukatoons per leaguer, or ten times as much as 
 they cost him. 
 
 That he compelled the farmers, who were bound to de- 
 liver the tenth of their produce, as a tax, at the Company's 
 stores, to load their wagons on the return with the requi- 
 sites for his farming operations ; that he alone supplied 
 wheat to the bakers ; and that, in the name of his brothers 
 and other friends, he furnished large quantities of wheat, 
 at higher prices than were paid to the farmers, to the Com- 
 pany's magazine. He was accused further of encouraging 
 runaway slaves to remain at his farms, and of receiving bribes 
 for the speedy issue of titles which had been granted to lands. 
 Persecution, even to death, of private individuals, was laid to 
 his charge, and the "second officer," Samuel Elzevier, was join- 
 ed, as equally concerned, in most of the causes of complaint. 
 ,^„„ It has been said that one of the memorials embracin": 
 the grievances had been sent to Batavia ; another 
 was prepared, awaiting a favourable opportunity of trans- 
 mission to Europe. In February, 1706, Van der Stell re- 
 ceived intelligence from Java that complaints respecting 
 him had reached the Indian authorities. As yet, however, 
 he knew not the complainants. He was furious, and in- 
 stantly commenced a series of proceedings against all whom 
 he deemed disaffected. One Adam Tas, a resident at Stel- 
 lenbosch, was suspected to be deeply concerned in the mat- 
 ter. One morning before sunrise the Landdrost of Stellen- 
 bosch and two members of the Political or Judicial Council, 
 with a band of soldiers, rushed into the house of Tas, he and 
 his family being still in bed, seized, examined and sealed 
 all his papers, and marched him, under military escort, to 
 prison in the fort. The burghers ot Stellenbosch presented 
 a respectful prayer to the Governor complaining of the 
 manner in which their fellow-citizen had been dragged from 
 his home ; and offering, if there were any crime alleged 
 against him, to give ample security that he would appear 
 
 I 
 
 i
 
 69 
 
 to answer to the charge. To this an angry reply was given, 
 and Tas was detained a prisoner. 
 
 The Governor had been well informed by his spies re- 
 garding Tas. He had been active in preparing the offensive 
 documents for the authorities in India and at home. In 
 his desk was discovered the memorial which it was intended 
 to convey to Holland. The first signature was that of an 
 old man of seventy, a Hollander by birth, named Jan 
 Rotterdam. The Political and Judicial Council was imme- 
 diately summoned, and the result is given in the following 
 curt order with which the officers of justice appeared at 
 Rotterdam's house : — 
 
 " The freeman and old burgher councillor, Jan Eotterdam, is hereby, 
 by virtue of a resolution of Council held in this place, ordered to 
 betake himself on board of the ship Be Herstelch Leeiiw within twenty- 
 four hours, therewith to proceed to Batavia to answer to the Honour- 
 able Indian Government respecting sucti acts as he hath oftentimes 
 committed contrary to his honour, his oath, and his duty, against the 
 lawful authority of the place." 
 
 The old man prayed to be permitted to remain on shore 
 one day longer, as the ship was not to sail immediately, that 
 he might attend divine service for the last time. This was 
 refused, and he was forced on board. 
 
 This aged man appears to have been peculiarly an object 
 of Van der Stell's animosity. He had on a previous occasion 
 given deep offence, which could not be forgotten. It was 
 an established rule that all persons should rise in the church 
 in order to show due respect to His Excellency on his 
 entrance to join in the worship of God. Rotterdam, bent 
 down with age and infirmity, and suffering under a fatal 
 disease, endeavoured to rise to perform the customary salu- 
 tation, but could not. He was observed, and a marked man. 
 The order for his embarkation to Batavia, for this failure in 
 respect, was in fact made out in the form above given, but 
 His Excellency was induced to extend his mercy on this occa- 
 sion, bidding the old man beware of any future disrespect. 
 
 In the meantime^ the Governor's police tracked their vic- 
 tims with the certainty and severity of familiars of the holy
 
 70 
 
 office. He himself Claused a document highly laudatory of 
 his charactor and administration to be prepared, and all who 
 declined to affix their names were accounted rebels. A 
 proclamation, characteristic of the man and of the system, 
 was issued, Jt is worthy of being extracted. It must be 
 remembered that the crime wa."? signing a petition. 
 
 " We William Adrian van der Stell, Councillor Extra- 
 ordinary of India, Governor on behalf of the chartered East 
 Indian Company of the United Netherlands, as also of the 
 Island of Mauritius, and the further dependencies, — and the 
 Council do proclaim. 
 
 " That we have heard, with sorrow and high displeasure, 
 that as well here at the Cape as in the country, there are, 
 within this Government, malicious and wicked inhabitants 
 who have not alone been guilty of entering into a conspiracy 
 against the lawful authority and Government of this settle- 
 ment, but have also by mean.5 of libellous writings against 
 the Government, to which they, partly by persuasion and 
 partly by force, obtained signatures, seduced others from 
 their virtuous courses and drawn them into their pernicious 
 schemes ; and whereas all such proceedings cannot be deemed 
 in any other light than as public mutiny and sedition, and 
 disregard of the lawful authority of Government, tending to 
 the destruction and ruin of the people and of the country. 
 
 "Now, therefore, we, with the advice and concurrence of 
 the Honourable the Commander and Council of the return 
 fleet, now in this bay, for the good of the Government and 
 for the preservation of the public peace, which has already 
 been much disturbed by the said malicious and turbulent 
 persons ; and feeling it our duty to provide against the great 
 evils which may arise from such proceedings, using thereto 
 the means which Heaven and our masters have placed in 
 our hands, have forbidden and interdicted all and every 
 inhabitant of this colony, whomsoever, by the obedience due 
 to us and our Government, as we do by these presents inter- 
 dict and forbid them, that no one shall enter into any com- 
 bination, association or conspiracy, or council with the said 
 evil-iutentioned inhabitants, who have combined against the
 
 71 
 
 chief authority, nor shall sign any libellous or seditious 
 papers, under penalty of punishment for sedition ; and that 
 all who shall be discovered as inviting or persuading others 
 to sign such papers shall be punished with death, without 
 distinction of persons, as violators of the public peace : and 
 we do, by these presents, authorize the Independent Fiscal 
 and the Landdrost to inform themselves respecting all such 
 persons, and to apprehend all such as may be under sus- 
 picion of being engaged in the disgraceful and slanderous 
 conspiracy, wherever they may be found. 
 
 " But, inasmuch as it is possible that some may regret 
 their part in these proceedings, having been misled by the 
 malicious ringleaders in the matter, these are informed that 
 they must instantly appear before the authorities to avow 
 their repentance for tbeir misdeeds ; otherwise they shall 
 receive the same punishment as the other seditious mutineers. 
 
 "Published and passed at the Castle of Good Hope, -ith 
 March, 1706. 
 
 "W. A. VAN DER StELL." 
 
 The threat of the penalty of death was not, however, 
 carried out. But rigorous imprisonment and banishment 
 were enforced in many instances. Jacobus van der Heiden, 
 one of the principal among the complainants, an old Heem- 
 raad and Burgher Lieutenant of Stellenbosch was, on account 
 of his obstinacy in not recanting the statements of the 
 memorial, incarcerated in the condemned cell with a slave 
 who had been convicted of murder and arson. He and 
 others were detained as prisoners for the period of thirteen 
 months, when orders for their liberation were received from 
 Holland. Several had sentence of deportation, in like 
 manner as in the instance of Rotterdam, passed upon them, 
 to the Mauritius, Ceylon, and Batavia. In fact, recantation 
 or exile, preceded by imprisonment, or, in some instances, by 
 torture, seemed to be the alternative. The men who were 
 principally sought out as having most knowledge of political 
 right, and jealous of their privileges as freemen were the 
 later Dutch colonists, who imigi'atcd hither under the plan
 
 72 
 
 (»f Coiiimis.sioner Vau Rheede, and the Fivnch lefug-'eH. 
 With itfLience t© one of the hitter, who was also seized and 
 imprisoned, there is an allusion made in a book, giving the 
 history of the (juestion, published in HoUaud in 1713, 
 ^vhieh may be here quoted : — 
 
 '' This Meyer, having escaped from the French king's 
 dragoons, and having forsaken ali the temporal advantages 
 that God had given iiim, because he would bear no restraint 
 on his conscience, lived for a time in Germany and elsewhere, 
 and finally had come hither as to a secure retreat, where he 
 hoped to spend the rest of his days in peace and in freedom. 
 But he found himself mistaken indeed, seeing that the 
 Governor, as well as the great king of France, had dragoons 
 at his command, through whom he could make the place 
 intolerable, not only for refugees, but lor his own country- 
 men. H(i had as many means at his disposal for compelling 
 them to recant the complaint of their memorial as the great 
 king of France had to urge them to attendance on the mass." 
 
 The Governor had, however, in the course of his arbitrary 
 proceedings, committed a serious error. Anxious to rid the 
 colony of all whom he deemed influential in the complaint 
 against him, he did not sufliciently consider the dangerous 
 position in which he placed himself by ordering some on 
 board one of the ships of the return fleet, on its way to Hol- 
 land, at the end of March, 1700. Husing, V'an der Heyden, 
 and Van der Byl, who, having been thus sentenced to 
 banishment and carried to Holland, were most active on their 
 arrival there, gained powerful friends, and at length obtained 
 the Governor's recal. 
 
 In 1707 a despatch, commanding the immediate 
 
 ' '■ return of the Governor and the principal oflicers who 
 had aided him in his oppressions, was tr-ansruitted to the 
 Cape. By the same despatch, the illegal sentences on the 
 several victims of Van der Stell's tyranny were annulled. 
 The Chamber of XVII clearly saw that the retention of 
 the chief oflicers was incompatible with the peace of the 
 country ; and hence v/ere they recalled. But it is remark- 
 able, in instituting a comparison between the circumstances
 
 73 
 
 of tlie two recjils wliicli h;iJ now taken place since the 
 establishment of the colony, that Quaelbergen, whose crime 
 was the possible relaxation of the Company's monopolist 
 system, by courtesy to foreigners, was punished with far 
 more severity than Van der Stell, against whom the charges 
 established were the grossest "oppression and corruption. 
 Quaelbergen was degraded from his rank, and entirely thrust 
 out of the service. Van der Stell not merely retained his 
 rank, but received his pay and emoluments for a coasiderable 
 time after the date of his rccal. The most trivial relaxation 
 of monopolist regulations was a far more serious crhue in 
 the eyes of the Council of the Eai^t India Company, than the 
 most violent tyi'anny exercised against the colonists.* 
 
 But althou</h Van der Stell was removed, and no future 
 Governor avowed his cherished maxim, that " a ruined people 
 is easiest ruled," the system by which the liberty of the 
 subject was at the Governor's caprice was not altered. The 
 Governor remained himself the law above all other laws. 
 The various councils were so arranged that they could assist 
 the Governor in carrying out his views, but could never 
 thwart him. The doctrine by which the East India Com- 
 pany instructed their perfects to govern was " that the 
 colonies should not be freely cultivated, or industry be freely 
 exercised tlierein, lest the colonists should become opulent, 
 powerful, and free." In later years, but too late for practical 
 utility, more just principles have been enunciated. 
 
 In the 17th century, the rulers of the L)utch Common- 
 wealth, Orange and Loevestein factions alike, would have 
 shrunk with horror from the axiom conveyed in tiie words 
 of one of the most eminent leaders of opinion in Holland in 
 the early part of this age : — "The most ancient races sent 
 forth colonies ; the nations of Europe are the descendants of 
 these colonists ; and thus our colonists must become nations."! 
 Uow different were the position of the Cape of Good Hope 
 had this principle been acknowledged in its early colonization ! 
 
 • Qnaolborgen sootna, howovor, to hayo been subsoqaontly restored to the •errico 
 of tho Company. Vido Moodie, p. 2^9. 
 to. K. v»n Hogcndorp.
 
 74 
 
 III. 
 
 Our last Lecture concluded with the tyranny of the younger 
 Van der Stell at the commpncement of the eighteenth cen- 
 tury. His recal and that of his coadjutors and minions fol- 
 lowed. But no change of system ensued. In commercial 
 matters, the same erusliing monopoly repressed all energy 
 and progress. In civil and political affairs, the situation of 
 the burghers was humiliating indeed. The free colonists of 
 the Cape of Good Hope obtained no title to this designa- 
 tion, which remained, as it had previously been, a mockery. 
 Throughout this entire century, from the date of Van der 
 Stell's disgrace, in 1707, to the surrender of the colony by 
 Sluysken to General Clarke and Admiral Elphinstone in 
 1795, the history is chiefly of discontent and disafiection on 
 the part of the European subjects of the East India Company, 
 of tyrannical conduct of its principal functionaries towards 
 the white inhabitants, — of oppression and destruction of 
 the natives by these, until at length the anarchy and con- 
 fusion, inevitable when a haughty but powerless Government 
 seeks despotically to rule over ignorant men awakening to 
 a consciousness of their own strength, had risen to such a 
 pitch that the authority of Holland in these shores seemed 
 doomed. Had the English fleet not arrived at a propi- 
 tious time to relieve the country from the feeble, yet 
 oppressive misrule of the once mighty merchant monarchs of 
 the East, — it is at least historic<ally probable that although 
 the Dutch flag may have continued to wave in the fort 
 at Cape Town, — from Hottentot's Holland to the Zuur- 
 veld, where the boer already held possession, throughout 
 Swellendam and Graafi" Heinet, the standard of indepen- 
 dence would have been succcs-sfully raised, and a free state 
 would have been established on the ruin of the Com- 
 pany's sway before the close of the last century. The 
 republic of Potgieter and Pretorius would have been antici- 
 pated by fifty years, and within the limits of the old colony.* 
 
 • Vide L'Afrique Hollandaiso, p. 280, 0<kj., 1783, and Slayeken's Verbaa 1795.
 
 75 
 
 It i.s clear that the unfortunate condition to which the 
 country was reduced was the natural resultof the false prin- 
 ciples on which the colony had been founded. The attempted 
 union of a mercantile factory of a monopolist nature with a 
 mongrel free colonization was a signal failure. A commercial 
 establishment, consisting merely of paid servants, receiving 
 wages for duty performed, limited to the occupation of a 
 sufficient market-place for the purchase of the cattle required 
 by the passing ships, and a fort for their protection, might 
 have answered the wants of the Dutch traders. This would 
 then have been no colony, nor the semblance of a colony. 
 There would have been no hope of prosperity in South Africa; 
 but the native owners of the soil would po.ssibly not have 
 been despoiled and exterminated. They would not have 
 advanced into civilization, but they would have been in exist- 
 ence. Id the supposition that no other Europeans would 
 have seized on the land, there would yet have been barbarism 
 at the end of the last century ; but the aboriginal inhabitants 
 would not have been swept away by myriads. If the country 
 was not profited, this curse, at least, had not been inflicted. 
 On the other hand, had the European colonists not been 
 trammelled, fettered, and repre.ssed in every conceivable mode, 
 whenever their welfare appeared to clash with the pecuniary 
 interests of their masters ; had they been permitted the free 
 development of their energies, free commerce and cultivation, 
 to export what they could raise by their labour from the 
 land, to import what thoy needed, to exercise their powers 
 in the manner they deemed most conducive to their own 
 prosperity ; it is lamentably true, indeed, that the process of 
 extermination of the black man by the white would have been 
 equally rapid, — perhaps more rapid than it has been, — his 
 disappearance may have been even more complete than at 
 present. Possibly, no independent nation, of coloured origin, 
 would now possess land in the South African continent. The 
 principle which has been carried into practice here, as in the 
 American colonics, that while the coloured races are supposed 
 incapable of prosperity in close contact with the wiiito, the 
 white shall be deemed entitled to seize on all the land of the 
 coloured races, would perhaps have received even yet more
 
 70 
 
 terrible ami universal application. But the country itself 
 cultivated by its new energetic proprietors, would not have 
 lost a century and a half of progress. Its advancement would 
 have been similar to that of the New England States. It 
 ■would rot have been within the last thirty years only that 
 the staple production of the Cape of Good Hope was first 
 apparently called into being. We should not now be labo- 
 riously competing with colonies whose birth belongs to this 
 century, and whose natural advantages are le.ss than our own. 
 But by the system planted here by the Dutch, the black man 
 was despoiled, and tiie white, rendered incapable of pro- 
 gress, was either reduced to serfdom or led to seek liberty in 
 a nomad and semi-barbarous life. The resources of the 
 country were not, and could not be, developed ; and yet all 
 the evils have been endured which usually result to the 
 coloured races when Europeans grasp their lands for the 
 development of these resources. Such was the effect of this 
 mode of colonization. 
 
 But to return to our history. It would be a mere 
 waste of patience to narrate a change of functionaries from 
 time to time, without a variation in the mode of admin- 
 istration, or in the actual position of the country. Varied 
 names and unvaried complaints, though extending over a 
 succession of years, revealing the same state of circumstances 
 throughout, would afford but a dull and uninstructive 
 lesson. A very rapid review, therefore, must suffice 
 
 ' '■ of the condition of the colony from the appointment 
 of Louis van Assenburg, in the place of Van der Stell, 
 until the ruinous state of affairs of the Dutch East India 
 Company induced the Prince of Orange, in 1791, to send 
 hither, entrusted with large powers, the Commissioners 
 Nederburgh and Frykenius, with a view of quieting the 
 rising disorder in the Batavian colonial po.ssessions and 
 saving them, if possible, to the parent country. 
 
 Van Assenburg succeeded to the Government in 1 708. 
 
 ' ■ At this time the colony spread over the present divi- 
 sions of the Cape, Stellenbosch, the Paarl, Alalmesbury, and 
 part of Caledon. The European free burghers, men, women, 
 and children, were less than two thousand. The slaves, of the 
 
 i
 
 77 
 
 Company and burghers jointly, numbered rather more. These 
 were principally from Madagascar, and had been for the 
 most part supplied by English slave-dealers, who are men- 
 tioned as being more expert in this traffic than other Eu- 
 ropeans. One of the earliest of these traders in human flesii 
 bore the same name with the philanthropist John Howard.* 
 It may raise a blush to record that in favour of slave mer- 
 chants an exemption to the stringent monopoly which excluded 
 all foreign ships from commercial privileges was made. The 
 wealth of the colonists consisted, besides these slaves, in 
 130,000 sheep and 20,000 head of cattle of all descriptions. 
 The cultivation of the land yielded in 1 7 1 0, about sixty years 
 after the foundation of the colony, about 1200 leaguers of 
 wine, 20,000 muids of wheat, 1200 muids of rye, and the 
 same quantity of barley.j 
 
 The sale of these products, after the deduction of the tithe 
 of all the earth yielded, which was the Government due, and 
 of the colonial consumption was, as has been before stated, 
 allowed to the company's authorities only, at fixed prices, 
 which are in many petitions and protests complained of as 
 ruinously unremunenitive to the farmer. Of these prices, 
 however, the colonial functionaries took their share. While 
 the Company paid forty rixdollars per leaguer for wine, it 
 was the rule that thirteen rixdollars should find its way to 
 the private hoards of the officials through whose hands the 
 money passed, and the remaining twenty-seven should reach 
 the producer. The same rule was adopted with reference to 
 other articles. At length, however, iifter repeated suppli- 
 cations, though there miglit yet be no longer foreign trade, 
 the surplus of such stores as the Company did not need 
 might be sold by the owners to fori'ign ships in Table Bay, 
 upon the payment, however, of a gratification to a high judici- 
 al functionary, the Fiscal. This privilege gave some irai»u1.seto 
 production during parts of the past century ; and the oecAsion- 
 al arrival of an English convoy or a French fleet was hailed 
 as a providential occurrence, securing happiness and wealth. 
 
 * Vide Moodie, p 281. 
 
 t Valeutyn, " Bcscbryviug van dc Kaap dc Go«dc Hoop,"
 
 78 
 
 There was not even a semblance of colonization during the 
 18th century. The arrival of the French Protestants to- 
 wards 1690 was the last of any considerable body of emi- 
 gi-ants. Their spirit of independence had caused much 
 trouble and the disgrace of a Governor. The local authorities 
 desired no repetition of such annoyances. Colonization wa-i 
 wholly discouraged. New inhabitants of one kind only wtic 
 permitted, and under conditions which placed them entirely 
 in the power of those who held sway. From this date, with 
 very rare exceptions, the only accession to the European 
 colonists consisted of individuals who had been suffered to 
 retire from the service of the Company, to cultivate the 
 soil or exercise their vocation here. Of these some were 
 of rank in the service. The majority were soldiers ur 
 sailors. Much of the justification by the functionaries of 
 acts of tyranny, at various times, towards the colonists, is 
 based on the terms of his discharge — a deed of bui'gbership 
 of former days. 
 
 ^ Q It is of interest, at the present date, to examine 
 what was the true position of citizens of this colony 
 in times which some, blind to the blessings they enjoy and 
 ignorant of history affect to deplore. One of no very long 
 period before the cessation of the Dutch power is selected, 
 lest it should be supposed that this conditional freedom 
 belonged to the days of Van der Stell and Elzevier only, 
 and not to those of Piettenberg, Van de Graff, and Rhenius. 
 The following, then, is a grant of burgher privileges in 
 1780. It requires quotation, and is fortunately, brief: — 
 
 "Joachim van Piettenberg, Governor of the Cape of Good Hopo 
 and its dependencies, greeting : "Whereas Johan Hendrik Gans, of 
 Lippolsbcrg, who arrived hero in the year 1770, with the ship Void- 
 hoen, as soldier at the pay of nine guilders per month hath, by 
 petition, particularly requested of us to be discharged from the 
 service of the Uonourable Company and to be appointed (aangcstcld) 
 as burgher, having duly served the llonouruble Company. 
 
 " Wherefore, wo graciously grant his request to earn his live- 
 lihood here, or elsewhere within the colony, with his handicraft as 
 a tailor; but that he shall not be allowed to abandon the same, or 
 to adopt any other mode of living, unless ho shall first have obtained
 
 79 
 
 special permission thereto from this Council, and that he shall not 
 petition for any grant of land from the Honourable Company, which 
 specially reserves the right and power, at any time when it may be 
 deemed necessary, or whenever his conduct shall not bo proper, to 
 take bim back into service in his old capacity and pay, and to trans- 
 port him hence, if thought fit, further submitting him to all such 
 placaats as have already, or may in future be enacted regarding 
 fi'eemen. 
 
 Done at the Castle of Good Hope, 6th September, 1780. 
 
 J. Va>- Pletiexbebg. 
 O. M Bergu, Secretary. 
 
 This right to force into servitude those who might incur 
 the displeasure of the Governor, or other high ofRcers, was 
 not only exercised with reference to the individuals them- 
 selves who had received this conditional freedom. It was 
 claimed by the Government to be applicable likewise to the 
 children of all suck By a bold process of reasoning the 
 principal legal authority of the colony in 1780, justifying the 
 deportation to Batavia of a citizen suddenly seized in the 
 streets, declares that it being a plain principle of law that no 
 one can transfer any greater right than he himself possesses, 
 whereas the father had become a burgher under the condition 
 of being forced back, into service and deported whenever the 
 Company might deem fit, and therefore could claim no 
 exemption from such demand, it was plain law and equity 
 that the son should have no greater privileges than the 
 father possessed. 
 
 " I sacredly confess," ho says,* with indignant warmth, " that 
 I cannot discern wherein the fine distinction and high preference of 
 the rights of children above those of parents can reside." 
 
 The noted fiscal, Boers, — for he is the authority quoted, — 
 was right at least in his practice. Fiom the commencement 
 of the colony, but e.specially from 1730 to 1780, this was 
 held by the Government to ha consistent with the position 
 and privileges of the unfortunates st^'led free burghers. 
 Deportation was of too frct[Uent occurrence to be theorcticAlly 
 
 * Vcrantwoordiug van Mr. W. C. Boers, Independent Fiscal aan dc 
 Kaap do Gocdo Hoop, p.p. 44, 45, 1783.
 
 80 
 
 doubted. By tliis construction of their rights, the murmurs 
 
 of the burgliers were long silenced. 
 
 ._„- In the meantime, while such was the relative po'-i- 
 
 to tion of the Government and its European subiects 
 1780 ..... 
 
 within the limits of its power, the boundary of the 
 
 colony received incessant extension. Many a restless spirit 
 could not brook the subjection in which the colonists of the 
 immediate neif»hbourhood of the seat of the government 
 were held. Hollanders, Dan*^s, Germans, and French, — 
 all the turbulent, disaffected, and enterprising, — endeavour- 
 ed to escape into a pastoral life, and took the wandering 
 habits of the Arab. Unable to resist the severity with 
 which the Central Government repressed aught like freedom, 
 they sought liberty beyond the immediate gra.sp of those 
 before whom in Table Valle}', and the neighbouring dis- 
 tricts, the free burghers trembled. Once beyond Swelleudara 
 or in the wastes which afterwards became Uitenharje and 
 Graaff-Reinet, they had no fear of fiscals or placaats. If the 
 Government lollowed into the country, where they had 
 found water and pasturage, they accepted its sovereignty ; 
 for thus they were united with their brethren and friends 
 and their church. At the same time, the distance was 
 such that their lawlessness could receive but little restraint. 
 They could never be brought into the subjection in which 
 the inhabitants in the divisions immediately contigu- 
 ous to the Cape were held. They treated with con- 
 tempt the injunctions that they should penetrate no 
 further into the interior. Without the commands of 
 Government and against these commands, they took 
 signal vengeance on fiuAi of the Hottentots and Bush- 
 men, whom they had excelled from their haunts, as 
 ventured depredations on the spoiler. The Government 
 never ceased to urge humanity, and to threaten high dis- 
 pleasure on these occasions. But the passions of these 
 pioneers — we dare not say of civilization — once aroused, 
 threats were powerless ; for ability to enforce them did not 
 exist. These emigrant boers, — for the emigration began not 
 in 1837, us is idly asserted for political reason^, but before 
 
 \
 
 81 
 
 the commencement of 1 700, — knew that they were followed 
 by the sovereignty of the Dutch Government, only from a 
 fear lest an independent European Power should be estab- 
 lished in too dangerous proximity to the Company's posses- 
 sions. Tlius the colony presented the paradoxical aspect of 
 two widely different kinds of burghers ; the one in slavish 
 subjection, the other in reckless freedom, under a Govern- 
 ment ready to crumble to pieces at the first shock, — and yet 
 overbearing as it was impotent. These changes had taken 
 place from 1720 to 1780, in which last year Van Plettenberg 
 proclaimed the Sneeuwbergen the boundary of the colony, 
 expressing the anxious hope that no more extension should 
 take place, and with heavy penalties for})iddiug the rambling 
 peasants to wander beyond. For this long period there can 
 scarcely be said to be any other history of the Cape of Good 
 Hope than that just sketched, save that after the middle of 
 the century England, for the sake of the empire in the East 
 which the genius of Clive had acquired, determined upon 
 adding this possession to her conciuests. France, still hoping 
 to retrieve the disasters in India suffered by Labourdonnais 
 and Lally, strained every nerve to prevent this addition to 
 her rival's influence. Holland which, not many years before, 
 had proudly and successfully withstood the combined navies 
 of France and England, would, in 1 780, have seen her 
 colonial and Indian possessions fall an easy prey to a small 
 English squadron which, notwithstanding the American war 
 and the distracted state of P^urope, had been fitted out for the 
 purpose under Commodore Johnstone. Fifteen years more ot 
 continuance were secured to the power of the Dutch East 
 India Company (now in such financial prostration that their 
 most valuable ac<iuisitions were left undefended), by the 
 accidental meeting between the French Admiral Sutfren, who 
 had, at the urgent entreaty of the Dutch, been sent with 
 five ships to succour the colony, with the English Commodore 
 at St. Jago. The action which ensued so far disabled the 
 British squadron that Suffren arrived in Table Bay before 
 the enemy ; and Johnstone, who appeared off Saldanha Bay 
 shortly afterwards, satisticd himself with the seizure of 
 
 G
 
 82 
 
 three or four merchant vessels, and deemed it prudent to 
 pursue bis course eastward. 
 
 At this time the French considered tlie Cape of Good 
 Ilope as their colony, or theirs as soon as they chose to 
 seize it in the struggle for preponderance in the Indian 
 Ocean, which the Bourbons hoped yet to raise with England. 
 The revolution soon dispelled this dream. Bub it was the 
 expressed opinion of the French Admiral that the successful 
 issue of any war carried on between two European powers 
 in the East depended upon the question, which of them 
 possessed the Cape of Good Hope and the Bay of Trin- 
 coraalee. And upon this opinion the Government of France 
 was prepai'ed to act. 
 
 The precarious Dutch tenure of the colony at this 
 time may be readily understood from a colonial 
 writer of the day. After animadverting in strong terms 
 upon the state of the country, distracted within and incapa- 
 ble of resistance without, the author of " Nederlandsch 
 Africa," in 1783, who, often mistaken in his views of the 
 first foundation of the settlement, is to be trusted where 
 he describes what passed under his own observation, speaks 
 thus of the disaffection of the inhabitants :— 
 
 " I can positively assert that had tho British commodore arrived 
 at tho Cape one day earlier than SufTrcn, he would have made himself 
 master of this settlement almost without striking a blow. Not only 
 would ho have mot with fooblo resistance on the part of a weak and 
 unprepared gamson, but the colonists themselves, though well- 
 trained and capable of rendering aid, would have openly refused to 
 take up arms. Or if they liad taken them up, such was their 
 discontent with their Government that they would not have used 
 their weapons against tho Englisli. It appears indeed that tho 
 Company at tho time had received intelligcnco of tho colonial 
 disaffection, for foreign troops were subsidized for tho subjection of 
 tho burghers, as much as for defence against the invader. Not to 
 disguise the truth, tho colonial burghers at this period would have 
 hailed tho enemies of tho stato as liberators."* 
 
 • L'Afriquc Hollandaise, p. 270. (This littlo book, containing 
 severe strictures on the Government of the colony, was published 
 originally in French, but is better known in the Dutch translation, 
 " Nederlandsch Afrika.'-)
 
 83 
 
 Sucli were the prospects of the East India Company at 
 the Cape of Good Hope in 1780. It is added immediately 
 further : — 
 
 " Had it not been for the succour afforded to the Government by 
 the presence of a largo French force, the colonists would liavo 
 imitated the conduct of the Americans, and have declared thcmsclvea 
 independent of the mother country." 
 
 The proceedings whicli precipitated the capitulation 
 of 1795 will show how far these prognostications were 
 correct. 
 
 Immediately before and immediately subsequent to these 
 probable vicissitudes in the dominion of the settlement, 
 delegates were dispatched to Holland, bearing the accusa- 
 tions against the colonial rulers and a long list of grievances. 
 An abstract of these would require more time than can be 
 here aflforded. But as a spirit of rebellion appears to have 
 been evoked by the denial of the demands presented in 
 1779, a few of the principal articles of redress claimed of 
 the Government at home on behalf of all the free burghers 
 of the colony through their representatives, Jacob van 
 Reenen, Barend Artoys, Tielman Roos, and Nicholas Heyns, 
 require to be noticed.! It is remarkible that there is no 
 mention of border dangers in this document. The puny 
 Hottentot and imbecile Bushman were yet the frontier 
 neighbours of the colonists. The sturdy Kafir was at a 
 comparatively .safe distance from the lich herds and tlieir 
 owners. At the same time, while the wrongs of the 
 colonists are sot forth at considerable length, it is un- 
 fortunately evident throughout, that one of the wrongs of 
 which they complain is the undue interference with their 
 oppres.sion of the natives. But the principal grievances 
 relate to the othcers of the Company, in some instances 
 justly, while in others it is clear that the remedy proposed 
 would be worse than the disease. 
 
 fMcmorio, &c., van Jakob van Recnon, Barend J. Artoys, Tiolman 
 Roos, en Nicolaas Godfricd Heyns : Gomagtigdon van dc Kaapscha 
 Burgory in 1770. (Arast. 17S:^. 
 02
 
 84 
 
 It is respectfully prayed that all officials should be inter- 
 dicted from commerce, — the limited sigiiificiition of com- 
 merce being the supply of foreign ships with refreshments. 
 That all burghers might be declared entitled to vend freely 
 the produce of the country to foreign vessels arriving 
 ^vitllOut being compelled to pay a percentage thereon to the 
 Fiscal, the Attorney-General of the day. That the Fiscal 
 should be interdicted, under severe penalties, from arbitrarily 
 committing burghers to prison, and from comjiounding 
 crimes for fines to go to his private purse. That a pro- 
 hibition should be enforced against the seizure of the 
 inhabitants and their deportation, against their will and 
 according to the caprice of the authorities, to the Indian 
 factories. 
 
 The next prayer appears to hint that the Fiscal, so often 
 accused of tyranny, sometimes interposed his authority 
 against the tyranny of those who so loudly protested against 
 oj)pression. It is this : — 
 
 " That the burghers shall be deemed at liberty to cause their slaves 
 to be whipped by the executioner at the town prison, at their A 
 discretion, without being, however, entitled to act with too much I 
 severity ; and that for this privilege no more than two shillings 
 should be charged by the funcliouaries at the gaol." 
 
 The following was a more rea.sonable petition. It must 
 be borne in mind that there existed yet, in 1779, no , 
 printing, and that books, save the bible and hymn books, i 
 were generally unknown. They pray to be informed with I 
 precision by what laws they were to regulate their conduct, | 
 whether by the Indian statutes or by the general laws of 
 Holland. They beg respectfully that authentic copi&s of 
 the particular placaats and ordinances governing the Cape 
 should be furnished for the behoof of the colony ; or, which 
 they preferred, that a printing press should be established 
 and a printer be appointed, so as to enable all members of 
 the community to obtain copies of the laws in force, that 
 they might not longer be subject to the arbitrary exactions 
 of Fiscals and Landdrosts in the extension and limitation 
 of fines and penalties. To this they add a request for the 
 
 t
 
 85 
 
 right of appeal from judicial decisions to the courts of 
 Holland, instead of being obliged to travel first to Batavia 
 for justice. 
 
 But the most striking commentary upon the commercial 
 position of the free colonists is in the 18 th article of their 
 petition : — 
 
 " We further humbly solicit that your honours will bo graciously 
 pleased to allow to the Cape colouists that two ships may be laden 
 annually for the account of the Cape citizens wiih such wares as 
 shall bo purchased by their appointed agents, — the burgher repre- 
 sentatives binding thcraselvca to send back the said ships laden, for 
 their account, with Cape produce ; that the same shall be consigned 
 to the Honourable Company, to be sold by public auction in payment 
 of the imported goods ; the undersigned desiring to know, in case of 
 this prayer being granted, what would bo the amount of duty which 
 the Company would see fit to impose on this concession of limited 
 export and import." 
 
 Such was the commercial position of the dependency of 
 a commercial country 120 years after the settlement. With 
 the quotation of one more section, this catalogue of 
 grievances must be left to the examination of those who 
 would for themselves inquire into our earlier condition. 
 Thank Heaven, that the re([UL'sition made at its conclusion 
 strikes strangely on the ears of the sous of those who 
 believed themselves aggrieved, because their rulers, conceding 
 it to others, would not sanction this ini([uity in them : — 
 
 " The Capo burghers further implore to bo allowed to have lomo 
 vessels to carry the produce of the colonj-, after the requirements of 
 the Company shall have been supplied, to India, and to receive in 
 return wood, rice, and other articles of commerce ; and also, they 
 pray for a concession of a trade in slaves with Madjigjiscjir and 
 Zanquebar, that foreigners may not enjoy the cxclusivo profit of 
 tliis lucrative trafTic." 
 
 Perhaps the most decisive evidence of progress in this 
 colony is, that now — seventy years after this prayer to par- 
 ticipate in the prolits of guilt was offered up — the offspring 
 of the very men who were urgent fur the human prey, 
 would recoil with dismay were this right tendered theui, as 
 they abhor rapiue, and loathe blood. None throughout the
 
 86 
 
 land, Briton or Boer, but believes that tlie slave-dealer's 
 doom should be that of a pirate, and that iu the scale of 
 humanity he should rank with the murderer. It is not 
 that we claim to be better than our fathers, but, thank 
 God, our in;norance is less dark. We live in a better age. 
 The Divine blessing descended on the teachings of Wilber- 
 force and Clarkson, apostles of good, and priests after the 
 order of Christ, while ministers of the gospel were eloquent 
 on the orthodoxy of the slave-trade ; and in the remote 
 nooks of the desert where the names of these true christians 
 have not been heard, their principles have penetrated. 
 Here their prophecy is fulfilled — that posterity would 
 scarce be brought to credit that men could claim as a 
 birthright the traffic in blood. 
 
 The articles of the memorial, praying to be relieved from 
 the contemptuous and arbitrary insolence of the principal 
 functionaries, do not recj^uire repetition here. On wiiat 
 substantial grounds these rested may be gathered from the 
 justification of the Government to the home authorities. 
 We should be little gratified were it su]>posed possible that 
 the language of the following extract of a laboured defence, 
 penned by the Attorney-General of the day, could be made 
 api)licable to our position. And yet it is language used in 
 an official document only twelve years before the cessation 
 of the rule of the Dutch East India Company : — 
 
 " It would be indeed a serious error if a comparison were attempted 
 to be instituted between the inhabitants of a colony situated as this 
 irt, and the privileged free citizens of our great towns in the United 
 Provinces. It would be mere deception to argue any equality of 
 rights between them. Were it necessary, it would be easy to exhibit 
 the origin of the burjjhers of our republic and their privileges in 
 striking contrast with the origin of the inhabitants of this colony and 
 their claims. But it would be a mere waste of words to dwell on the 
 remarkable distinction to be drawn between burghers whose ancestors 
 nobly fought for and concjuered their freedom from tyranny, and 
 from whose fortitude in the cauje of liberty the very power of onr 
 republic has sprung ; and such as are named burghers here, who 
 have been permitted as matter of grace to have a residence in a land 
 of which possession has been taken by the sovereign power, there to 
 
 i
 
 87 
 
 gain a livelihood as tillers of the earth, tailors, and ghoemakcrs 
 Here comparison is impossible."* 
 
 Thus much with reference to political rights. The 
 strictures officially made on the claim for commercial ad- 
 vantages are very significant : — 
 
 " The burghers, whose number is at present far too great, and 
 whom, on this account, it will soon be found very difficult to restrain 
 and govern with a due regard to the preservation of the interests of 
 the state and the Honourable Company, desire to bo allowed a right 
 of trading beyond" the colony, in ships freighted by them, to Europe, 
 to the African coast, to India, to barter the produce of other lands 
 for that of this country. Now it is clear, and requires no lengthy 
 argument, that for the purpose of enabling a subordinate colony to 
 flourish as a colony, it is not always expedient to apply those means 
 which, considered in the abstract, might be conducive to its prosperity. 
 The object of paramount importance in legislation for colonies 
 should bo the welfare of the parent state, of which such colony is 
 but a subordinate part, and to which it owes its existence. 
 
 " No great penetration is needed to see plainly the impossibility of 
 granting such a petition. The dangerous consequences which would 
 result to the state in general, and, in particular, to the Honourable 
 Company, from the concession, to a colony situated midway between 
 Europe and the Indies, of free commerce, are manifest. It would 
 Boon bo no longer a subordinate colony, but an independent state." 
 
 At the time these doctrines were enunciated, or rather 
 were recalled, as being the fundamental principles of Dutch 
 colonial government, the great Netherlond company of 
 merchants was tottering to its foundation. Their energies 
 had been soon wasted by excessive wealth acquired in their 
 early success. The confusion which now pervaded tiioir 
 aflairs foretold a speedy 1)ankruptey. 
 
 The government of remote provinces on the principles of 
 the counting-house had failcfl. Here, at least, at the Cape 
 of Good Hope, it was plain that the European population 
 had increased beyond the power of a distant association of 
 traders to govern them according to mere calculations of 
 profit and loss. The institutions of 1G50 did not answer 
 
 * Verantwoorduig van Fiacaal 13ocrs, p- ti3.
 
 88 
 
 the requirements of 1780. Near the seat of Government 
 the truth was repressed, through fear of the penalties 
 imposed on freedom of speech and of action. In the 
 distant parts, immediately after the departure of the foreign 
 troops at the period of the French revolution, turbulence 
 ruled, and savage deeds on the weak betokened the absence 
 of all control. But yet there seemed no prospect of change. 
 After the deputation of Artoys and his companions, to 
 which allusion has been made, and which resulted, as on 
 former occasions, in some removal of person?!, but not in the 
 alteration of the system, other delegates were, in 
 ] 785, authorized to lay the complaints of the com- 
 munity before the directors of the Company, and, failing 
 redress, to appeal to the States-General of the Netherlands. 
 These grievances were of thft same nature as those previously 
 submitted. The colonial representatives, on this occasion, 
 bore the names of Bergh, Redelinghuys, Roos, and Bresler. 
 Unfortunately, disunion between these delegates ensued, 
 and nothing was effected by them."* But the hope of 
 better days began to dawn. For at length the Stadtholder 
 of the United Provinces, — afterwards William the First of 
 Holland, — felt the necessity for the retention of the colonial 
 possessions of the Netherlands, of adopting stringent 
 measures of inquiry into the position and administration 
 of the Dutch Company's settlements. In 1791, he 
 appointed Commissioners-General to examine into the 
 state of their affairs. In the letter of appointment of these 
 commissioners the condition of the Company itself, and its 
 possessions, is represented as demanding the most minute 
 scrutiny. They are directed, both at the Cape of Good 
 Hope and in other colonies, to discover and expose all abuses, 
 malversations, and other evil practices, on the part of the 
 administrators of the Government, to effect the reforms 
 which, on inquiry, they might deem proper, in all branches 
 of the Company's affairs, trade, and administration ; and, 
 
 *Vide "De Eerlooslieid Oatmaskcrd," &c., door J. H. Eede- 
 linghuys, 1792.
 
 89 
 
 finally, they are enjoined to endeavour to restore the affairs 
 of the several Eastern possessions from their existing con- 
 fusion, into good order and fit subordination. Accordingly, 
 the Commissioners, Nederburgh and Frykenius, arrived at 
 the Cape of Good Hope in 1793.* 
 
 It was anticipated by the sanguine that speedy 
 improvement would follow this arrival. Extravagant 
 expectations were raised that at length afiairs in the colony 
 would be established upon a satisfactory foundation. 
 Burgher privileges were to be defined and acknowledged. 
 Practitioners unconnected with the Government were to be 
 allowed in the Courts of Justice. Intelligible promulgation 
 of the law was to be efiected. Free navigation, to some 
 extent at least, was to be conceded. But with the exception 
 that some trifling administrative changes were adopted, 
 nothing resulted from the^se hopes. The Commissioners- 
 General were received with acclamation ; but, in the words 
 of a pamphlet on Cape affairs, by a colonist named Christian 
 Neethling, published in Holland in 1797, or, according to 
 the revolutionary cant of the day, in the third year of 
 Batavian liberty, " the most important of their proceedings 
 consisted in their proclamation, amid firing of cannon and 
 tolling of bells, that they represented the Prince of Orange, 
 and the rest any office clerk might have done." f 
 
 They had more valuable colonies in view, upon which to 
 exercise their projects of reform, and left the Cape in 1794! 
 for Java, having, by virtue of the high authority reposed 
 in them, invested with the powers of their commission, 
 in their stead, the unfortunate Sluy.sken (then returning 
 from the East, as an invalid, to Holland), who subsequently 
 surrendered the colony to the English fleet. 
 
 Sluysken's position was one of extreme difficulty. 
 
 The expectation formed of the redress of abuses by 
 
 the commission which had appointed him had fallen to the 
 
 * Vide " Ecbtc Stukkon," Sec, van do Gencralc Commissic, &c., 
 door Mr. S. C. Nederburgh, Lid van de Commissie, 1803. 
 
 t Vide C. L. Neethling. " Ondcrsock van't Vcrbaal van Sluysken," 
 1797. 

 
 90 
 
 ground. There existed disaftection through the length and 
 breadth of the land : and the military force at his com- 
 mand was merely nominal. The country had, for some 
 time, been on the eve of rebellion, and now it broke out. 
 Early in 1796 the inhabitants of Graaff-Reinet had dis- 
 missed their Landdrost, Maynier, and thrust him beyond 
 the boundary of that distiict. At this remote distance from 
 the capital, beyond all influence of the Government, no 
 resistance could be opposed to his expulsion by the unpopular 
 functionary. 
 
 Not long afterwards, the Landdrost of Swellendam, 
 1795. 
 
 Anthony Alexander Faure, was expelled by his 
 
 burghers. In this district, indeed, the opposition to 
 
 established authority was completely organized. Their 
 
 own Landdrost was elected. Their own commandants 
 
 were chosen. A national assembly was constituted, of 
 
 which one Hermanus Steyn was the President. A free 
 
 republic was declared. It was evident that the power of 
 
 the Government had entirely ceased : any attempt to enforce 
 
 obedience, in either Graaff'-Reinet or in Swellendam, or in 
 
 any place except the immediate vicinity of Cape Town, 
 
 would have met with signal defeat. Irrespectively of the 
 
 events which then convulsed Europe, the fate of the Dutch 
 
 East India Company's ascendancy at the Cape of Good 
 
 Hope was sealed.* 
 
 But the revolutions of Europe changed the future fortunes 
 
 of this colony from being hurried into a premature republic. 
 
 In June, 1795, Admiral Elphinstone, afterwards Lord Keith, 
 
 and General Craig anchored in False Bay, with eight ships, 
 
 and four thousand men. They conveyed the startling 
 
 intelligence that the hereditary Stadtholder had been driven 
 
 from the Netherlands ; that the French liad overrun the 
 
 country, and a republican convention had been established 
 
 in connection with that which swayed France. The Prince 
 
 of Orange had sought refuge in England, and had implored 
 
 aid from the British Government. An order from the 
 
 * Vide Sluysken's Yerhaal, passim.
 
 i 91 
 
 exiled Stadtholder, addressed to the Government of the 
 Cape, was in the possession of the Admiral. It was dated 
 from Kew^ and was of the following tenor : — 
 
 " We have deemed it necessary by these presents to command 
 you to admit into the Castle, as also elsewhere in the colony under 
 your Government, the troops that shall be sent thither by His Majesty 
 . the King of Great Britian, and also to admit the ships of war, frigates, 
 or armed vessels which shall bo sent to you on the part of Hia 
 Majesty, into False Bay, or wherever they can safely anchor ; and 
 you are to consider them as troops and ships of a power in friendship 
 and alliance with their High Mightinesses, the States-General, and 
 who come to protect the colony against an invasion of the French. 
 " Consigning you to the protection of Providence, we are, 
 
 " William, Prince of Orange." 
 
 This order was conveyed to the Commissioner by the 
 Admiral, who, at the same time, communicated the occur- 
 rences which had caused the Stadtholder's flight. He 
 claimed no hostile occupation of the country, but desired 
 admission as an ally. Some short time previously, however, 
 an instruction had been received from the Chamber of 
 XVII, that, under the present circumstances of Europe, the 
 Cape authorities should oppose, as far as practicable, the 
 landing of any foreign force, as it was impossible to foresee 
 the turn which affairs might take. Sluysken felt himself 
 bound to the obedience of this instruction, and replied, 
 finally, to the English commanders, that, " disavowing all 
 sentiments of Jacobinism, he was prepared to defend the 
 colony against any force that might be sent against him by 
 the French Convention, equally as he was now prepared to 
 defend it against the British fleet and army." These were 
 bold words ; but Sluysken had not the means to give effect 
 to them. Whether threatened by a French fleet or English, 
 he had no choice but to succumb in a very short period. 
 He appealed to the Swellendam burghers as sufliciently 
 near to render valuable aid in any attempt to resist the 
 impending danger. His garrison consisted of 500 men of 
 a German regiment, in the Dutch pay, and some artillery ; 
 and for the rest, his reliance was on the burgher cavalry
 
 92 
 
 niul iufantiy. With the cordial assistance of tliese there 
 appears to be little doubt that the position at Muizenburg 
 might have been successfully defended against a largely 
 superior force. But Sluysken had no confidence in the 
 burghers, nor they in him. The Svvellendam insurgents 
 were entreated to come to the defence of the colony, and an 
 amnesty was guaranteed them, with a promise of immediate 
 examination and redress of their grievances. But the diffi- 
 culties in which the Government was placed do not 
 1795. 
 
 seem to have inclined the disaffected to peace. They 
 
 appear rather to have determined on taking advantage of 
 its precarious position to urge demands which it was plainly 
 impossible to grant. They reply to the proposal of an 
 amnesty and free pardon, if they returned to their duty, 
 with an expression of surprise " that the Honourable Com- 
 missioner does not respect the resolution of the national 
 convention, and still addres.ses official communications to 
 the Landdrost whom they had deposed." They claim that 
 future communications shall be made to the Landdrost, 
 Steyn, whom they had appointed : object to the proposed 
 grant of an amnesty on the ground that its acceptance 
 would imply that they had been guilty of sedition ; and 
 declare that they have borne the yoke of slavery for a 
 sufficiently long time, and have now resolved to shed the 
 la.st drop of blood for their fatherland and freedom, and to 
 erect themselves into an independent republic. They then 
 proceed to dictate the terms upon which they will treat at 
 all, adding " If we receive no favourable reply, we shall be 
 compelled to adopt other means of attaining our object, 
 which would be of a most unpleasant nature ; but we 
 confidently hope that we shall obtain a favourable reply, 
 for the welfare of the entire national convention, and for 
 the good of po.sterity," All this contention with the 
 Government was based on the claim for liberty : — but a 
 liberty not now intelligible to us ; — a liberty understood in 
 the Southern States of the great American republic ; but by 
 no other nation which claims its own emancipation from 
 bondage. If our fathers' conception of freedom was scarcely
 
 k 
 
 93 
 
 honourable to them, they are countenanced by the example 
 
 of the people calling themselves pre-eminently free : — 
 
 freedom to themselves, but, at least, one chosen race doomed 
 
 to servitude. It is with a deep sense of humiliation that 
 
 the demands which follow the assertion of their own rights 
 
 as free men, by the discontented boers, are now read by us. 
 
 The extract which follows is from what was pre- 
 1795 . 
 
 sented to Sluysken in 1795 as the general demand of 
 
 all the burghers ; — 
 
 " That every Bushman or Hottentot, male or female, whether made 
 prisoner by commanders, or caught by individuals, as vrell in time 
 past as in future, shall for life be the lawful property of such burghers 
 as may possess them, and serve in bondage from generation to 
 generation. And if such Hottentots should escape, the owner shall 
 be entitled to follow them up and to punish them, according to their 
 merits in his discretion." 
 
 " And as to the ordinary Hottentots, already in service, brought 
 up at the places of christians, the children of these shall be com- 
 pelled to serve until their twenty-fifth year, and may not go into 
 the service of any other savo with their master's consent ; that no 
 Hottentot, in future, deserting his service shall be entitled to refugo 
 or protection in any part of the colony, but that the authorities 
 throughout the country shall immediately, whatever be the alleged 
 cause of desertion, send back the fugitive to his master."* 
 
 To these demands, and others in which exemption from 
 taxation was claimed, on the grounds that they defended 
 their own frontier and had no help from the state, as the 
 basis of any assistance the insurgents might be disposed to 
 render, it was impossible for Sluysken to assent. Although 
 the Government had, for a long period, ceased to afford 
 actual protection to the natives, it had resolutely refused 
 to enslave them. Sluysken would not purchase the salvation 
 of the Dutch power on these conditions, were such salvation 
 certain. His situation became extremely coroplioated. At 
 length, after a feeble resistance by the lew military and 
 burghers whom he had been able to bring into the field, 
 
 * Eisch van dc Algcmccuc Burgcry, Art. 5, C, Sluyskcn's Vcrbaal 
 p. 129.
 
 04 
 
 and some trifling skirmishing Jit Muizenberg, in which the 
 military asserted that the burghers behaved ill, and the 
 burghers that the military flt'd at the first onset, a truce 
 was solicited ; and the raeraV)ers of Council, Van Ryneveld 
 and Le Sueur, were empowered to treat for a capitulation. 
 To add to the confusion, at the very time the truce was 
 conceded, the last resolution of the " Nationals," signed by 
 their commandant, an Italian, named Pisani, dated on the 
 7th August at Tulbagh, whither they had advanced, reached 
 the Governor, who was endeavouring to obtain favourable 
 terms, demanding a reply to their previous communications, 
 and threatening offensive measures. Sluysken at length 
 yielded, preferring a capitulation to the English forces to a 
 capitulation to insubordinate subjects who required that he 
 should at once consent to the abrogation of the principles 
 on which the Government had, for the period of the 
 colony's existence, been conducted ; and who could not, 
 even had he obeyed their behests, have long preserved the 
 country from foreign attack. 
 
 The colony was thus surrendered. General Craig was 
 installed Governor ; and the oath of allegiance to the King 
 of Great Britian was demanded of all who continued to 
 hold office, on the ground that the Dutch National Govern- 
 ment had ceased to exist. 
 
 Sluysken met with much obloquy, when, in accordance 
 with the terms of the surrender, he returned to Holland. 
 But he clearly did not merit the disgrace connected with his 
 name. He was accused of treason to the national cause, in 
 not having made a successful defence. But it clearly 
 appears that defence was out of the question. Janssens, a 
 far abler man, with considerable force, — and while the 
 country was in a state of profound quiet, in 180G, — effected 
 no more than Sluysken in 1705. 
 
 Whatever Sluysken's conduct may have been, the reign 
 of the Dutch East India Company had ceased. The sole 
 question, at the date of the arrival of the English fleet, was 
 whether the colony should be yielded to the anarchy of 
 those who had raised the standard of rebellion, or should 
 
 1
 
 95 
 
 pass into the bands of a European power by whom, at tlis 
 peace, it might be restored. 
 
 Thus, at the end of the last century, after 143 years of 
 existence, the domination of the East India Company fell at 
 the Cape of Good Hope. At the commencement of the 
 period, the energy of these traders of a small common- 
 wealth, who founded empires, and divided the command of 
 the seas, merits admiration. But their principles were false, 
 and the seeds of corruption were early sown in their colonial 
 administration. For the last fifty years, at least, of their 
 rule here, there is little to which the examiner of our 
 records can point with satisfaction. The effects of this 
 pseudo colonization were that the Dutch, as a commercial 
 nation, destroyed commerce. The most industrious race of 
 Europe, they repressed industry. One of the freest states 
 in the world, they encouraged a despotic misrule, in which 
 falsely called free citizens were enslaved. These men, in 
 their turn, became tyrants. Utter anarchy was the result. 
 Some national feeling may have lingered ; but, substantially, 
 every man in the country, of every hue, was benefited when 
 the incubus of the tyranny of the Dutch East India Com- 
 pany was removed. Since then, the advancement of the 
 colony, both under an English and a brief Dutch adminis- 
 tration,"'* has been as rapid as that of any in the world. 
 So great has been the progress, — so utterly different is the 
 condition of the inhabitants, — so much has in the inter- 
 mediate sixty years been effected, — that it is with 
 incredulity, and with some effort, that we aro compelled to 
 accept the fact, that affaii-s within so short a period were 
 in the state which our history describes. 
 
 * The Govornmcnfc from 1803 to 1300, by Do Mist and Janssens, 
 under tho " Batavian Kcpublic," was most beneficial to the colony, 
 and furnishes a groat contrast to the misrule of tho " East India 
 Company."
 
 96 
 
 EUROPEAN AFFAIRS. 
 
 {FROM THE CAPE RECORDS OF 1688.) 
 
 When Father Tachard, wlio accompanied the embassu 
 to Siara, iu 1U85 and 1G87, at the command of LouLs 
 XIV, published a narrative of hi.s two voyage.s, he de.scribed 
 the hospitable reception which had been experienced by the 
 French at the Cape of Good Hope. Those in authority, 
 though Dutchmen, were well-educated and polished gentle- 
 men, — though heretics, disposed to render all the a.ssistance 
 that lay in tlu'ir power to the Jesuit astronomers who 
 formed part of the mission. The name of the great King 
 was respected, his servants treated with the courtesy due to 
 the subjects of such a monarch, the troops allowed to recruit 
 their health on land, the sick tended iu the hospital. " Nous 
 fftraes," says the enterprising abbd, giving an account of the 
 first interview, in 1685, " extremement surpris de trouver 
 tant de politesse au Cap de Bonne Esperance, et beaucoup 
 plus encore de toutes les honnetet^s et les marques d'amitie 
 que nous y reciimes des cette premiere entrevue." On this 
 voyage, the outward-bound fleet was at anchor in Table 
 Bay, under the command of Baron van Rheede tot Draken- 
 stein, of whom, as well as of his officers and the commandant 
 of the fortress, an excellent character is given. " Tons ces 
 messieurs, auxquels il faut joindre Monsieur van der Stellen, 
 Gouverneur ou, pour parler comme les Hollandais, Com- 
 mandeur du Cap, sont d'un merite singulier et ce fut une 
 heureuse rencontre pour nous d'avoir ^ traiter avec eux, 
 durant le s(ijour que nous y fime.s." 
 
 An equally favourable description of the reception of the 
 second expedition is found. This was on a grand scale, and 
 consisted of six King's ships, having on board two special 
 envoys of high rank, to secure the alliance, and several 
 priests, to eiiect the conversion of the Siamese. The long 
 voyage had seriously affected the health of a large propor- 
 tion of the men, and accommodation was provided on shore 
 for three hundred sick. When, iu April, 1G88, Admiral 
 
 I
 
 97 
 
 de Vaudricourt arrived in Table Bay, on liis return to 
 France, he and Tachard again enjoyed, at the hands of 
 " Monsieur van der Stellen," " les memes honnetet^s que les 
 voyages pr^cddens." 
 
 One of the ships of the squadron, however. La Normande, 
 was detained in the Indies. In tlie outward passage, this 
 vessel had been, according to the good father, ]iarticularly 
 blessed. She had had " the happy privilege of carrying 
 three zealous missionaries," one especially, Monsieur Morlot, 
 of superior sanctity. Her return, though not without priests, 
 in April, 1689, was singularly unfortunate For the 
 friendly welcome at the Cape, which was anticipated as 
 before, an unexpected attack was substituted, and the story 
 of the capture and plunder, extracted from Van der Stella 
 dispatches, offers a curious picture of warfare, as conducted 
 in those days by Europeans out of Europe. 
 
 The friendly feeling displayed by the colonial authorities 
 towards the second embassy was not satisfactory to their 
 superiors. A deep distrust of the French King's schemes 
 had, for some time, possessed the minds of Dutch states- 
 men ; and Van der Stcll's want of caution, in admitting a 
 possible enemy with the confidence of friendship to a know- 
 ledge of his defenceless state, was severely reprehended from 
 Batavia and from Holland. In the Indian correspondence 
 he was informed that his visitors had observed that the 
 castle, wholly commanded by the Devil's Hill, was situated 
 uselessly for purposes of defence. They had discovered the 
 garrison to be very weak, and were for that reason much 
 astonished that they had been at perfect liberty to land as 
 many men as they pleased, who were again allowed to 
 wander about at will. Moreover, they had declared that if 
 their intentions had been at all hostile, they could ea.sily 
 have seized the castle, sword in hand, by assnult, and ex- 
 pressed the opinion openly that if the Dutch company so 
 little regarded the value of their Cape settlement, as to 
 afford it no better proteetion, it would be attacked iind 
 captured on the first rumour of hostilities Wtwecn the 
 United Provinces and France. They had added, significantly, 
 
 H
 
 98 
 
 that it would be wiser to place reliance on a formidable and 
 well-equipped garrLson, than on the duration of the twenty 
 years' truce which had been concluded in 1 G85 at the Hague. 
 Whatever may have been the changes in the world, in 
 France especially, between 1G88 and 18G0, the French idio- 
 syncracy which examines, in profound peace, the possessions 
 of foreign powers, with a view to future conquest, has 
 scarcely undergone alterations. Under Emperor or King, 
 Bourbon or Bonaparte, the national military vanity is the 
 same. Louis XIV repudiated intentions of aggressive war- 
 fare as eagerly as Napoleon III in our time ; but despotisms 
 are necessarily aggressive, and aggression was the rule of 
 his reign. There is a curious similarity between the boast 
 of the officers of Vaudricourt's squadron, after their visit 
 and friendly reception by the Dutch, in 1G87, and the 
 expression of French opinion formed during the late sojourn 
 of the fleet at this place, and published in the colonial 
 papers, from a Parisian semi-official journal. If the writer 
 in the Fatrie be justified in the assertion that the modest 
 garrison of two or three hundred British troops was wholly 
 eclipsed by the display of the Imperial military force, and 
 that " if France, animated by a spirit of invasion which no 
 longer belongs to our age, should perchance entertain, with 
 regard to this ancient Dutch possession, the ideas of con- 
 quest which certain English alarmists ascribe to her, this 
 would be a splendid opportunity to substitute the tricolour 
 for the union-jack," — his assumption that the rural popula- 
 tion is hostile to England, and would sympathize with a 
 French attack, is amusingly absurd. If Holland were now 
 a great power, as in the seventeenth century, capable of 
 rivalry with England or France, such is the memory of 
 what Dutch colonial government was, and the knowledge 
 of what the country ha.s become under English rule, that, 
 notwitlistaudiiig the natural and laudable aSection for the 
 Dutch name which exists, and will continue permanently 
 to exist, among the descendants of the old colonists, it 
 would be a vain attempt to excite enthusiasm for the 
 
 * This was written iu August l^CO. — Ed,
 
 99 
 
 revival of Dutch authority. Even the units— for they 
 count no more — who, because declamation is safe and 
 harmless in a perfectly free country, declaim of independ- 
 ence, would thrust their loyalty on Her Most Gracious 
 Majesty, and vociferate their right to the name of British 
 subjects, upon the first whisper that the Queen's Govern- 
 ment was prepared to allow the validity of their demanda 
 
 But the possibility of French dominion would bo a 
 startling thought indeed to the " rural population." If 
 the resistance which would be offered throughout the land 
 by all the inhabitants, whether of Dutch, English, or even 
 of French extraction, becanie powerless, the boer remedy 
 for dissatisfaction with Government from the commencement 
 of the colony's existence, " the trek," would be again applied, 
 with more energy than on any former occasion : the Orange 
 Free State and the Transvaal Republic would receive a 
 large accession of burghers, and there would be but few of 
 those "among whom the Dutch element preponderates ;" left 
 to enjoy the blessings of subjection to the second emi)ire. Not 
 even the approved expedient of Imperial universal suffrage 
 would gain a single free vote for annexation to France. 
 
 The heads of the Batavo-Indian administration had 
 better knowledge of the European complications which were 
 about to ensue than the subordinate authorities at the Cape. 
 They were aware that the cessation of hostilities between 
 the French King and the United Provinces could not last 
 much longer. A war of the allied powers of England and 
 France against Holland was anticipated by them. Instead 
 of this formidable combination to overwhelm the only free 
 state of Europe, the successful enterprise of the Prince of 
 Orange, and the restoration of liberty in England, in 1GS8, 
 produced a league between two free European states to 
 resist "the great conspirator against the rights of men and 
 of nations, against the security and independeno(' of all 
 European states, against every kind and nature of civil and 
 religious liberty, Louis XIV.'"" 
 
 * Sir James Mackiutosh. 
 h2
 
 100 
 
 These stirring events, in which the most conspicuous part 
 was played by the " Stadhouder," naturally excited great 
 interest throughout the vast colonial possessions which the 
 Dutch East India Company then governed. Accordingly, 
 the dull details of purely mercantile matters and colonial 
 restrictions are enlivened by references to European affaiis, 
 in the dispatches of the period. The Home Government 
 kept Van der Stell informed of the proceedings in Europe, 
 and the danger to which they apprehended that the Indian 
 settlements and factories would be exposed. Copies of 
 important letters from England are occasionally found 
 among the enclosurers. Some of the " Nouvelles " of the 
 day, viz. : the Dutch Gazettes, which alone then constituted 
 the free press of Europe, — as the English journals almost 
 alone constitute the free press of Europe at the present 
 day, — were likewise sent, but these appear not to have been 
 preserved like the manuscript intelligence. The nature of 
 the information which it was thought fit to transmit to the 
 Colonial Governors, and the instructions issued for their 
 guidance, may be interesting to some readers, although it is 
 not to be expected that any new information on European 
 afiairs of the period can be gleaned from our colonial records. 
 
 The first warning note of the future war is struck in a 
 letter of the -''en, oTtTer"'. ICSS, from Middelburg, in Zealand. 
 The preparations of the Prince of Orange had been long 
 in progress, but were conducted with the utmost secrecy. 
 It is true, as stated by Lord Macaulay, that D'Avaux, the 
 able minister of Louis XIV at the Hague, had informed his 
 court of the probable destination of the formidable armament 
 in course of C([uipment, but the incredulity of James II, 
 and of his envoy, D' Abbeville, was shared by very many in 
 Holland. War with France, possibly with England and 
 France, was supposed imminent, but those in the confidence 
 of the Prince alone knew with certainty that the hazardous 
 enterprise of a descent upon England was contemplated. 
 Even the "commissioned members" of the Council of Seven- 
 teen, the Governors of the Dutch East India Company, 
 well informed as we should suppose them to have been,
 
 101 
 
 were, three weeks before William took his solemn farewell 
 of the States-General, ignorant of the " great design." They 
 write thus in manly style, ready, if need be, to show a bold 
 front to James II and Louis the Great united : 
 
 We send this dispatch by the frigate J)e Tuymelaer, which has been 
 Bpccially purchased ; principally to give notice of the present per- 
 plexed condition of time and things, and to inform you that we are, 
 without any doubt, on the point of war with the Kings of Fi-ance and 
 England. The King of Franco has laid an embargo on all ships, the 
 property of Dutch citizens, in his jiorts. In a few days the Krijjsvum 
 and the Haantje will be ready, and probably additional vessels will be 
 dispatched, to allord timely notice of the state of affairs throughout 
 all India, and to carry the instructions according to which the 
 Governor-General and his council, and the subordinate officers, are 
 to conduct themselves. To this end we intend immediately to pro- 
 ceed to the Hague, to consult with their High Mightinesses and His 
 Highness the Prince of Orange, and to hear their pleasure. 
 
 In another letter, of the same date, the general council 
 write : 
 
 According to appearances, we shall shortly be at war with Franco 
 and England. Both here and in those kingdoms, there is great 
 activity in warlike preparations. . . Besides a ship of the French 
 Company, which is lying ready at Port Louis, to proceed to the East 
 Indies, we are informed from Cork, in Ireland, that five ships of war 
 had arrived there, which are currently reported to be bound for the 
 East. They were shipping as many men as they could obtain, and 
 were, in addition, expecting three companies of Irish soldiers from 
 Waterford. 
 
 Although we do not implicitly rely on this intelligence, you should 
 not treat it with neglect, but are directed to place yourselves in a 
 better posture of defence, so as to resist any attempt at capture^ 
 You are authorized, if you think fit, to take ashore loO soldiers out 
 of the passing ships, and, in case of necessity, to add the freemen 
 (vrye licden) of whom, as you have written, a large uumlxsr aro 
 qualified to perform active service, and of whom you seem to have 
 great hopes. We trust that you will thus be able to repel any foreign 
 attack. 
 
 A remark, very natural in the circumstances, is added : 
 
 We are by no means pleased with the friendly rccejition which 
 you gave to the French while in your port, or satiisticd with your 
 having allowed them so many privileges.
 
 102 
 
 Tlie letter containing the report of the ships in Cork 
 harbour, from ''Consul Mill" to the Dutch Government, is 
 considered of such importance that a copy of it is one of 
 the enclosures to the dispatch. It was dated 1 6 September: 
 
 Hioii AXD Mighty Lords ! — Since the 26th ultimo, the fivo ships 
 of war which I mentioned in my last, have come from Baltimore to 
 this river. It is publicly said that they are destined for the East- 
 They arc taking in as many men as they can get, and arc expecting 
 three companies of Irish soldiers, who are to come from Waterfordi 
 for embarkation here. Your High Mightinesses will not bo displeased 
 that I trouble you with my letters, and give information which I 
 believe worthy of credit. It is well known that the English East 
 India Company is in a bad state, and in great want of sailors and 
 recruits ; and, therefore, as many as possible are taken. It is said 
 that they will be, in the whole, thirty ships strong, and have thoir 
 rendezvous at Madeira ; their object being to take their revenge for 
 the ailair of Bantam. Others assert that the English Company is 
 ruined, and that His Majesty the King of England has opened a free 
 trade to India in favour of his English subjects. But it is evident 
 that there are some designs of importance in hand, for a certain 
 Colonel Scauwcl has arrived to take the command of the troops. I 
 doubt not that the directors of the Company have placed things iu 
 Buch good order at the Cape of Good Hope as not to fear an attack ; 
 and I would humbly suggest that the fortifications be put in the best 
 possible condition. , . . It is rumoured that there will soon bo 
 war between France and the States. In that case, I expect instruc- 
 tions, so as to bo able to warn ships of the States not to sail for 
 Franco, and to give homeward-bound ludiamen early knowledge of 
 the fact. 
 
 The event showed that no attempt on tlie Cape was then 
 intended, nor was vengeance sought for the " affair of Ban- 
 tam," ])robably the expulsion of Engli.sh merchants from 
 that part of Java in 1G83. 
 
 In another enclosure to these despatches, the use of the 
 overland route to India m the seventeenth century is men- 
 tioned — " We have likewise given information of the state 
 of affairs by letters, overland, to Persia and Surat." 
 
 Hitherto, there is no suggestion of the attempt on Eng- 
 land. War is expected ; grent armaments are prepared ; 
 but the secret of the extraordinary activity in the Dutch
 
 103 
 
 ports had not yet been revealed. But, on the \ October, 
 a dispatch of the following tenor was writx/cn to Van der 
 Stell, and received on the f' March, 1G89, at the Cape: 
 
 By dispatch of the 6th instant, you have been informed how matters 
 stand between this State and the Kings of France and England, and 
 that open war with them is evidently impending. This State has 
 equipped and brought into readiness a fleet of above fifty ships o^ 
 war, and an incredible number of sloops, galliots, and smaller craft, 
 for the transport of troops, foot as well as horse, — a whole army, in 
 fact ; and, although the actual object has not been publicly declared* 
 it is plain, and will in a few days be made public, that they are intended 
 for England. The French King has already laid an arrest on all sh ps 
 belonging to our subjects in his harbours, so that war with Ihatnatioa 
 is considered quite certain. As regards the King of England, he 
 would wish to escape the chance of war, as appears clearly from the 
 note presented by his minister to their High Mightinesses, because 
 his situation is not such in his own kingdom that he can place per- 
 fect reliance on his people ; but all things have been brought into the 
 state of forwardness necessary for so great a design : the fleet is 
 ready for sea, the embarkation of the troops is hurried on, and pro- 
 ceeded with by day and night. His Highness the Prince of Orange ia 
 person intends to betake himself on board, and nothing else than the 
 prosecution of the plan is expected. The actual intention is not to 
 make war on the English nation, the enterprise being directed 
 against the King alone, so that, by God's merciful blcpsing, it may 
 very quickly be over; though it is impossible to determine with cer- 
 tainty on an afTair of such magnitude, which, in this very adranced 
 season of the year, is exposed to so many mischances. And because, 
 aa has been said above, the English nation is not the object of attack, 
 you are to refrain from all hostilities against them, unless thoy act 
 on the offensive, in which case you will have to pay them in their 
 own coin, and do them all the injury in your power, as well by taking 
 and destroying their hhip.s as by other mcana. But aa regards the 
 French, who have seized our ships; you shall, in like manner, take 
 possession of their ships which may touch at the CajKs, and detain 
 them until further orders : but, while taking care that they do not 
 escape you, you are to treat the officers and crewa with civility. 
 
 If, however, they should attempt hostilities, you will deal with 
 them in the same manner as wo have directed in such case respecting 
 the PiUglish As soon as war is declared by France, which it is 
 believed will bo done in a few dfty.^, wo shall at once notify it to you, 
 and further act aa wo have written in our acjier* to dispatch of the 6th« 
 « * * • •
 
 104 
 
 A postscript of the H October is subjoined, to the follow- 
 ing effect : 
 
 P.S. 18th October. Sinco the abovo was written there has been 
 no change in the affairs of the State, except that the King of Franco 
 has taken the oiRcers and crows out of our ships in bis harbours, and 
 has thrown them into prison, in direct contravention of our treatieu 
 with that crown, and on which nothing but war w»n follow. It is 
 affirmed tluit the actual declaration is put off only until the embarka- 
 tion of Ilia Highness on board the fleet in the Meuso. We have some 
 galliots and a schooner in readiness to bo sent off the instant war ia 
 declared, to notify throughout India that all possible injury ia to bo 
 done to that nation. 
 
 The next letter (tV November) bears date after William 
 had set sail and encountered the storm which drove him back 
 to refit, and had a second time put to sea. It is addressed 
 to the Governor-General of India, and the other Governors 
 of colonies. Several small vessels had been dispatched to 
 carry the news to the different factories in India. The con- 
 sciousness of strength to combat both France and England, 
 if such should be the fortune of war, as well in Europe as 
 in the Indian seas, is remarkable, in a State in extent and 
 population not more than equal to a French province. 
 
 Wo have given you information that we expect war with France. 
 It was anticipated that that Uovernment would declare as soon as tho 
 fleet of the States yhould have stood to sea for Kngland. Sinco then 
 the fleet sailed with tho I'rinco of Orange, after ho had waited threo 
 weeks for a favourable wind. But scarcely were they at sea, than it 
 pleased God to send them contrary wind, and so violent a tempest in 
 the niglit between tho ;}Oth and .Ust October, that the ships were dis- 
 persed, and compelled to put back with a considerable loss of horses. 
 After refittiug, His Highness put to sea a second tjmo, with a favour- 
 able breeze. Wo fervently hope and pray that Uod Almighty will 
 crown tho great work now in hand with his merciful blessing.' 
 
 • • * Meanwhile. Frarco, without declaring war, has commenced 
 hostilities by the seizure of our merchantmen, as well by Ibtters of 
 marque as by King'.s ships. 
 
 The Colonial authorities are then informed that vessels, 
 with specie for India, had been captured in the Channel, 
 and are directed, in return, " to treat the French every where 
 as enemies, and, as such, to cause them all possible loss and
 
 105 
 
 injury, keeping accurate entries and charge of all things 
 seized, so as to be ab'e to render a true account" 
 
 Ever}'^ precaution is taken that the Dutch factories in the 
 East shall have early intelligence of the European hostilities : 
 
 We have, for the purpose of transmitting onr orders without delay, 
 specially equipped the galliot Elizabeth, to sail to Ceylon direct, with- 
 out touching at the Cape, and thence to Bengal ; the galliot Vt-rfjuldo 
 Vlamingh, by way of the Cape to Malacca; the Ecndrogt, by way of 
 the Cape to Surat ; the galliot De Jonge Snoeper, without touching 
 at the Capo, to Batavia. 
 
 As regards England, the design of which mention has been made 
 in our former missives, has been bnt lately made public, and is con- 
 tained in the resolutions of their High Mightinoppcs of the CCth and 
 2Mth October, of which we enclose a few copies. You must continue 
 to treat all of that nation as friends, unless they commit any aggres 
 sion upon you. The letters, herein enclosed, for the Governors of 
 Ceylon, Coromandel, and Malacca, the Directors of Surat, Bengal, 
 and Persia, the Commanders of the coast of Malabar, and their 
 several councils, must be forwarded to their destinations. 
 
 We have sent these likewise by the overland route (over den land- 
 wegh); but, as that passage is subject to many perils and uncertain- 
 ties, we can place no reliance on their safe arrival- 
 
 The resolutions of the 2Gth and 28th October, to which 
 reference is made to this dispatch, are the proceedings upon 
 the farewell taken by the Prince of the States-General, and 
 the declaration, to Foreign Powers, of the reasons which had 
 induced the States to countenance William's enterprise. 
 Lord Macauhiy's graphic account of the solemn scene of the 
 farewell is present to the minds of our readers ; and, in 
 Burnet's tamer, tliough perhaps more literally correct, 
 version of William's address, an abstract of the greater part 
 of the former of the two documents will be found.* But the 
 important State-instrument, addres,sod by the Dutch Govern- 
 ment to the European Powers, on the ground of its interven- 
 tion in the affairs of England, is less known. It belongs 
 rather to the history of the Netherlands than to that of 
 England, and has probably not formed part of any English 
 
 * Macanlay, vol. ii, p. 170 (Svo cditioii) ; Burnet, vol. ii, p. 418 
 (8vo edition).
 
 IOC 
 
 work on the great Revolution. It was adopted immediately 
 after the Prince had joined the fleet, and probably was the 
 composition of the Grand Pensionary Fagel, by whom 
 William's manifesto had been drawn up. But, if the production 
 of this great statesman, it was free from the prolixity of 
 William's declaration, which Burnet, complaining that even 
 liis abridgment was too long, had shortened, to suit the less 
 diffuse tastes of Englishmen. Holland stands forth, in this 
 address to Europe, as the champion of civil liberty and the 
 Protestant religion, both of which were at stake if, like 
 Louis XIV, James II became an absolute monarch. 
 
 The ambassadors and envoys of the States are directed to 
 inform the Courts at which they reside, of the resolution of 
 the Government to aid, with ships and men, the Prince of 
 Orange, then on his way to England. 
 
 The whole world knew that the English nation had, for a 
 long time, complained of their King, who, doubtless, by the 
 evil counsels of his Ministers, had infringed the fundamental 
 laws. 
 
 His aim had been, by these means, and by the introduction 
 of the Roman Catholic Religion, to oppress the national 
 liberties, to ruin Protestantism, and to bring the country 
 under arbitrary rule. If this unrighteous conduct were 
 further pursued, such aversion would be aroused against the 
 King that universal confusion only could be expected in the 
 kingdom. His Highness the Prince, urged by the reiterated 
 and earnest prayer of many lords and persons ot distinction, 
 and impelled likewise by the great interest felt by the 
 Princess and himself in the welfare of England, could not 
 tamely stand by and see the succession of the crown 
 imperilled by these painful differences. He was bound by his 
 position to be vigilant on behalf of the English nation, when 
 they had such strong grounds of disaffection with an oppres- 
 sive Government, and was resolved to render them all the aid 
 in his power, especially as he was convinced that it was mo.st 
 important to the welfare of the United Provinces, which had 
 been likewise committed to his care, that England should be 
 at peace, and the mistrust between the King and people
 
 107 
 
 .sliould be removed. Aware that it would be necessary to 
 success, in so grave an enterprise, that lie should proceed to 
 England in person, with an army sufEcient to quell the 
 attempts of the evil-intentioned, the Prince had given the 
 assembled States notice of his design, and besought their 
 assistance. Their High Mightinesses had ripely weighed 
 his proposition. They knew that the Kings of France and 
 of Great Britain were not only on terms of friendship, but 
 in close alliance ; and had been warned that a plan had been 
 concerted between them to isolate Holland from its allies. 
 The King of France had, on several occasions, exhibited his 
 hostile feeling, and if the King of England gained his ends, 
 and became an absolute ruler of his people, both of these 
 Kings, for reasons of policy, and out of zeal against the 
 Protestant Religion, would attempt to throw the United 
 Provinces into confusion, and, if possible, utterly destroy 
 them. For these reasons, they had determined to approve 
 the Prince's design, and to grant him some ships and troops 
 as an auxiliary force. 
 
 The envoys were instructed to add that the Prince had 
 assured the States that he intended no invasion of England. 
 He had no desire to deprive the King of his crown, or 
 himself to seize it. He neither wished to change the lawful 
 succession nor to persecute the Roman Catholics. His sole 
 aim was to assist the nation in obtaining the restitution 
 intact of their violated laws and privileges, and the preserva- 
 tion of their liberties and religion. His object would be 
 attained if a free and lawful Parliament were Jissembled, and 
 measures adopted which would prevent any further infraction 
 of national and individual rights. The States concluded 
 with an expression of their prayer that, by God's blessing, 
 peace and unity might be re-established in the realm of 
 England, which would then be able to co-operate with them 
 for the restoration of tranquility throughout Europe, and 
 the welfare of universal Christendom. 
 
 From this authentic document, justifying foreign inter- 
 vention on behalf of an "oppressed nationality," we descend 
 again to the news furnished to Van der Stell, — sometimes
 
 108 
 
 necessarily tlie mere rumours of the day. The first intelli- 
 gence of William's landing on British shores is thus com- 
 municated, — possible war with England, certain war with 
 France, still pending : 
 
 aist November • i . 
 
 lat Uccember * "0 procccu to acquaiut you with the Btato of 
 public alTiiirs. Tho fleet having put to sea with a favourable breeze, 
 the Priuce reached Torbay with the troops, and landed without 
 opposition. Tho people flock to him. The King, it is said, is resolved 
 to oppose his Highness with an army. What may follow is known 
 to God alone, on whom depends success. The King of France con- 
 tinues to seize our ships and imprison the crews. 
 
 At length war is formally declared by France : 
 
 30th NoYcmbfr 
 
 loth Uccember* At last the King of France has published his declara- 
 tion of war. * ♦ * "VVe scud you copies thereof, with the reiterated 
 order that you cause that nation injury whenever you can, by sea or 
 by land, as often as a convenient opportunity shall offer. * • • • 
 In England tho affairs of the Prince of Orange, are, thank God, pro- 
 ceeding very favom-ably. The Lord grant that it may continue. 
 
 The crisis was at hand. The escape of the Queen and 
 Prince of Wales to France is next announced. The rapid 
 successes of William, consequent on his cordial reception in 
 England, had greatly changed the aspect of affairs for Hol- 
 land in the coming conflict : the tide had turned, and pro- 
 bable war between England and France is part of the 
 welcome news received. The King's attempted flight, his 
 arrest at Feveisham and forced return to Loudon — the 
 disbanding of the troops, the capture of Jeffreys, and the 
 excesses of the " Irish night," form the subject of a letter 
 written from England on the itth December, to a Dutch gen- 
 tleman bearing the same name with the secretary of the 
 Dutch East India Company, a copy of which, as containing 
 the latest and most important news, was enclosed in a dis- 
 patch of the Jvth and iCth December, to the Cape Gover- 
 nor. 
 
 29th December. By our letters of the 10th December, wo gave you 
 notice of tho declaration of war of tho King of France against this 
 State, and likewise of the successes of our arms in England, which 
 have further been so blessed by God ^Vlmighty, tUat the King has at
 
 109 
 
 last been compelled to desert bis kingdom and to save bimsclf by 
 flight — whither, is not yet certain. The Queen and Prince of Wales 
 have arrived at Calais : these truly are matters which none can regard 
 without the utmost wonder. According to appearance, war between 
 England and France may soon follow, which will be a great relief to 
 our State. — P.S. 30th December. Before closing this, we are assured 
 by letters from London that the King of England, sitting disguised in 
 a vessel at the mouth of the river, was arrested by fishermen and 
 brought on shore, where he was recognised and taken into custody '• 
 on which four lords were sent to him with two hundred guards, to 
 inquire whether it was His Majesty's intention to return to London 
 or to retire beyond the kingdom. In short, the confusion in that 
 kingdom is as great as that in this counti-y was in 1672. Many papist 
 lords and gentlemen who have been in the King's service are seized 
 and imprisoned : and all the priests that can bo found. 
 
 The allusion to the confusion in the Netherlands in 
 1G72, is worthy of note. Wiien Louis XIV, and his allies, 
 in that year invaded Holland with an army of 200,000 
 men, the ruin of the republic, which wa.s wholly unprepared 
 for defence, seemed certain. The English and French fleets, 
 under the Duke of York and D'Estreds, found full occupa- 
 tion for the Dutch naval force, though commanded by De 
 Ruyter, the first admiral of the age. The Emperor had 
 entered into a league with the French King to destroy the 
 heretics from the face of the earth. The Elector of Bran- 
 denburgh was quieted by intrigue. On behalf of all the 
 crowned heads of Europe, the insolent republicans were to 
 be punished. In anticipation of victor}'-, medals were 
 .struck — representing Louis triumphant, in contemptuous 
 pride refusing to listen to the prayers of subdued Uolland : 
 no mercy was to be extended by the " ultor regum," the 
 avenger of Kings, as he was styled in the inscription, to the 
 democracy prostrate at his feet. 
 
 " The King of France came down to Utrecht like a land 
 flood," says Burnet. Fortress after fortro.s.s fell : and soon 
 the camp-fires of the invaders could be seen from Amster- 
 dam. For a brief season the Dutch were in despair : but 
 they soon took heart again. The Provincial States of Zee- 
 land set the t'xample, and jiroudly declared in solenm resolu- 
 tions, that for freedom and religion they were prepared to
 
 110 
 
 offer up all their worldly goocl^4, and shed their last drop of 
 blood : they bound themselves, if they stood alone, to enter 
 into no treaty, nor even truce, with the French tyrant. 
 They called on the Prince of Orange to lead them in defence 
 of hearth and home. William, then only twenty-two years 
 of age, almost unknown, hitherto excluded by the " per- 
 petual edict " from power and the hereditary rights of his 
 house, suddenly called to the head of aflfairs, and entrusted 
 with the rescue, from French thraldom, of the free common- 
 wealth which William the Silent had called into being on 
 the ruin of the Spanish tyranny, proved himself equal to the 
 occasion. With him in chief command, Holland could 
 resist foreign conquest successfully, or could perish, but could 
 not yield. It was then, that, determined even if all seemed 
 lost, to triumph still, he suggested (in the words of Lord 
 Macaulay) " a scheme which has an aspect of antique heroism, 
 and which, if it had been accomplished, would have been 
 the noblest subject for epic song that is to be found in the 
 compass of modern history." 
 
 It is idle to speculate what might have been the influence 
 on the world of the great empire in the Indian seas, which 
 the two hundred thousand Dutch, for whose migration the 
 shipping in the harbours was prepared, would have established, 
 if the heroic resolve had been put in execution. The French 
 armies recoiled from the certain destruction which awaited 
 them, and it became unnecessary to resort to the desperate 
 expedient of piercing the dykes, and restoring Holland to 
 the ocean whence the industry of man had conquered her 
 fertile plains.* 
 
 * Macaulay, vol. i, p. 219 (8vo. cd ). William the Silent, when in 
 preat straits in 107i3, had entertained tho same thought. Vide Motley's 
 Eiso of tho Dutch Republic, vol. i, p. i'.) {>*vo. cd.) Ilooft (Nedcr- 
 landschc Historien, Boek xi), expresses the intention well in his 
 nervous old Dutch : " Het doclit hem zoo na omgekomcu, dat hy voor- 
 sloeg van manncn, wyvcn, kindcrcn, die de vryheid eenighlyk lief 
 hadden, met al 't best der tilbacre have, in schepen te laden : alle 
 dyken en dammen dcur, molcns aan brand, to steken ; en 't gansche 
 land met water te verwocsten : om, gclyk by vcrscheidc volkcn ouwlin.x 
 gepleegd is, crgens ccncn andercn hock werelds in to nemeu, dacr 
 meu, buitcu slavcrnyc vau lichacm cu gemocd, zag to Icvcu."
 
 Ill 
 
 Such was the confusion in 1G72, from which the Prince 
 had saved his countrymen ; and although the material ruin 
 of England was not, in 1G88, threatened as that of Holland 
 had been in 1G72, the religion of the land and its liberties 
 were equally at stake, and the comparison was not inapt. 
 In more recent days the identity of William's position in 
 Holland in the year of the confusion, and in England in the 
 year of the revolution, gave occasion to a noble passage 
 descriptive of his character in probably the finest speech 
 ever spoken to an English jury.* 
 
 No surprise will be felt that the following letter was con- 
 sidered worthy of transcript, and the exciting news trans- 
 mitted to the antipodes in the very words in which it had 
 been received in Holland. With the exception of the 
 rumours of Tyrconuel's apprehension, and the rest of the 
 Irish intelligence, it is a particularly truthful account of this 
 chapter of the great events which were enacted. There is 
 something in the simplicity and freshness of the contem- 
 porary relation of these im})ortant occurrences which admits 
 of its perusal, even beside the eloquent pages of the great 
 historian. t The conclusion, stating the market value of 
 Indian shares, amid the excitement of the revolution, is very 
 characteristic of the writer's nationality : 
 
 London, iJ-th December, 1G88. 
 Mynheer Pieter van DA>r, &c., &c., Amsterdam. 
 
 Sir, — I wroto to you, by last messenger, on the 12th, and informed 
 you that the King, Queen, and Prince of Wales had left Whitehall 
 
 * I^rackiutosh'a Defence of Jean Peltier. "Thiswar (the invasion 
 of Holland) had the effect of raising np from obscurity the great 
 Princo of Orange, afterwards King William III, tlic deliverer of 
 Holland, the deliverer of England, the deliverer of Europe, the only 
 hero who was distinguished by such a happy union of fortune and 
 virtue that the objects of his ambition wrrc always the same with the 
 interests of humanity, perhaps the only Tnan who devoted the whole 
 of his life exclusively to the service of mankind. This most illu.strioua 
 benefactor of p]urope, the ' hero without vanity or passion,' as he had 
 been called by a venerable prelate, who never mauo a step towards 
 greatness without securing or advancing libertj- ; who liad been made 
 t^tadholder of Ilolland for the salvation of his own country, was Eoon 
 after made King o( England for the deliverance of ours." 
 
 t Macaulay, vol. ii, p. o tl', so./.
 
 112 
 
 secretly. Yesterday morning, intelligence arrived here, by express 
 that the King had run into Fovcrsham with a small ketch (kits), with 
 the intention of taking in some ballast there, as the ketch was so 
 slightly ballasted that he could not venture to go to sea in it. When 
 they were at Feversham, the Chevalier Hales, late Governor of the 
 Tower, went ashore. As ho was known there, and a great papist, ho 
 was at once seized, and some of the people wont on board the ship , 
 immediately, to see who was on board, when they found the King and 
 one other person. They brought them to land to the house of tlie 
 Mayor of Feversham, where the King was questioned. On hia being 
 examined, they found on him two gold watches, but little or no money. 
 He was meanly clad. When this had been done, the King made him- 
 self known, and immediately thereupon the nobility in the neighbour" 
 hood came to Feversham, and decided at once to give notice of the 
 fact to the peers and bishops who were in London. On this they met 
 and resolved, without delay, to send to his Majesty the Earls Fever- 
 sham, Jermyn, Aylesbury, and my Lord Middleton, with instructions 
 that they should request the King to return hither. Whereupon the 
 beforomentioned lords went from here last night to Feversham, and 
 took with them two companies of cavalry of the King's Guards. As 
 I hear, they have orders not to do any the least violence to his Majesty, 
 !Many people are of opinion that it will be better that the King 
 returns, in order the better to regulate everything, according to the 
 'aws of the realm, with the Parliament. Some say that the King had 
 been about Margate, and had expected to find there the ship in which 
 the Queen has embarked with the Prince of Wales ; but it appears 
 that that ship had sailed, and then he did not yenture to proceed in 
 the little vessel. 
 
 The Earl of Salisbury, and other nobles, and many priests, have 
 been apprehended, while attempting to escape from the country ; and> 
 two days ago, the Lord Chancellor of England, Lord Jeffreys, was 
 taken prisoner below the Tower of London. He was dressed as a 
 sailor. A certain master of a vessel was to have i!l,000 to carry him 
 over to Dunkirk. The Lords have provisionally committed him to 
 the Tower, where he is well guarded. He was brought to the Tower 
 in a coach, otherwise the soldiers would have had enough to do to 
 keep the mob from murdering him. The mob has pulled down the 
 chapel of the Foreign Ministers residing in the city, and plundered 
 the house of the Spanish Ambassador. Order has now been restored, 
 and means taken to prevent further excesses of this nature. 
 
 The Prince of Orange will be at Windsor this evening, and is next 
 Monday expected at Whitehall. To-morrow, the Prince and Princess 
 of Denmark are likewise expected here. The King's army is wholly 
 disbanded, but it is said that the Prirce of Orange has expressed hi^ 
 
 I
 
 113 
 
 wish to keep some of them in serrice. This evening, the Duke of 
 Grafton goes with some troops to Gravesend, to garrison Tilbury Fort 
 with English troops, in place of the Irish who have gone out of it. 
 At noon to-day, tidings were received from Ireland that the King's 
 Governor, Earl Tyrconnel, had been apprehended, and that the 
 populace have made themselves masters of Dublin, and other towns, 
 so that all, if God will, will be further completed without bloodshed. 
 I could write you more, but shall not detain you longer. 
 
 Indian shares are at £145. 
 
 The King left in such confusion, that few, if any gentlemen, knew 
 anything about it. Wherewith, with respect, I remain, sir, your most 
 obedient servant, 
 
 The next important coipmunication (Tstb March, lG89)is 
 that of the declson of the Convention that the throne was 
 vacant in consequence of the escape of the King to France, 
 and that, " since our last session, and our report of the 
 ■wonderful revolutions and changes which were taking place 
 in England, His Highness the Prince of Orange and Her 
 Highness the Princess have been raised to the Royal dignity, 
 and have been declared King and Queen of that Kingdom, 
 without any blood.shed ; the late King having previou.sly 
 retired to France. Ireland alone, or the greater part of it, 
 still adheres to the late King." * 
 
 * A printed translation into Dutch, of the proclamation of "William 
 and Mary, enclosed in this dispatch, is preserved: 
 
 PROCLAMATIE 
 
 VAN 't PABXEMENT VAN ENGELANDT. 
 
 Aengczien het God Almachtig door zync grootc genade belieft heefl 
 acn dit Kouinckrj'k te vorgunncn cen niiraculcu.so verlossinge van 
 Papery en Arbitrairo Macht, en dat onse bchoudcnis (nacst God) moet 
 toegcschrevcn wcrden do Kcsolutie en bclcit van Zyno Hooglicit den 
 Prins van Orangien, wicu Godt voor ons en onse Nacrkomelingcn 
 vcrkoren hceft te wczcn h?t glorieux Instrument van sooonwa'trdocr- 
 lyke gcluksaligheyt; en zyndo ten hoogste govoclig en vorsekert vnn 
 de grooto en uitmuntendo dcugdeu van Haer Hoogheyt do I'liiires 
 van Orangie, wicns yvcr voor de I'rotcstantso Kelicgie buiton twyfcl 
 een segen over dit \ oik met haer sal brcngen, on nadcmaal do Lords 
 en Commons jegenwoordig tot Wcstmun-stcr vcrgadcrt. cone dcclaratie 
 hebben opgestelt, en deselvo geproscntecrt acn gcmeltcn Prins en 
 Princcsse van Orangie, en haer daarby versocht dc Kroon to aanvacr- 
 den, die vervolgons dpselvc hebben geaccepU^ert , derhalrcn pnblicooren 
 en proclaraeeren wy Goestclykc en Wccreltlyke llecren en C'ommuus 
 I
 
 114 
 
 In postscripts to a dispatch of the rsth May, the alliance' 
 of Holland and England is announced. 
 
 P. S. We cannot allow the ship Svhoondyk, by which this ia dis- 
 patched, to depart without advising you that wo are in daily expecta- 
 tion that the present King of England will declare war against Franco. 
 Great preparations arc in progress in that Kingdom for war, both by 
 sea and land ; and a powerful English fleet will, in conjunction with 
 our own, take the ofiensive. The Lord be prayed to bless our united 
 arms. You will see, from the enclosed " nouvclles," how the affairs 
 of the late King stand at present in Ireland, and that Scotland has 
 declared King William as its King. 
 
 Further P.S. On the '.iOth of this month the King of Franco 
 declared war against England, and on the 25th England against 
 France. 
 
 In later letters, the progres.s of the war is enthusiastically 
 ^%cribed. " This State is still at war with France. The 
 "victories which, by God's gracious mercy, the allies have 
 obtained are famous throughout the world, and it is needless 
 to repeat them here." As regards the Cape, a French attack 
 is no longer feared ; European affairs sufficiently occupied 
 the French arras, and the Settlement had been placed in a 
 better state of defence : 
 
 ^th September, 1G89. According to your statement^ the freemen 
 near the fort and in the countrj', with their servants and sons, amount 
 to about 350 men capable of bearing arms, which really forms no 
 
 van dit Koninckrjk mot volkomen consent en gevolgo van gemelto 
 Declaratie William en Mary, I'rins en Princosse van Orangie, te syn 
 Koninck en Koninginno van Engelandt, Vrankryk, en Yerland, 
 bencvens alle d'llecrschappien en Landschappcn dacraen behoorende; 
 die volgens by hct gantsche volk van de voorsz. Rycken en 
 Heerschappien daervoor sullen wcrden gehouden, aangenomen en 
 erkcnt, on van nu voortaan verbonden blyA-on acn haer to bewyzen en 
 voldoen alle trouwo en ware gehoorsaemheit, biddendc Godt (door 
 wien Koningen regcrcn) Koniiig William on Koniuginnc Mary to 
 segcncu, met vele en gcluckige jaren over ens te regeron. 
 
 Onderstondt, 
 
 GOD BEWAERT KONIXG WILLIAM EN KONlXGUf MABT. 
 
 Was gctckent, 
 
 J. Brown, Cleric. Parliamentorum. 
 (Jopnblicccrt binncn Londcn, den Olsten Febi-uary, 1080. 
 Gctranalateert na dc Copio van Londcn, — by Johannes Mebrtens, 
 gcdrukt.
 
 115 
 
 Blight addition to our force ; and thoao will, by this time, have been 
 considerably increased by the arrival of the French refugoea. And 
 as the reasonable fears which we entertained last autumn on tho 
 subject of the safety of the Settlement led us to authorize the deten- 
 tion of loO soldiers, you are now directed, in conseqnencc of the 
 secure position in which we have since that time been placed, to send 
 these troops, by the first opportunity, to Batavia and Ceylon, whoro 
 they are much required. Wo are glad to learn, at the same time, 
 that you place entire reliance on the Uottentots, and are quite at rest 
 as far as they arc concerned. 
 
 After this the references to European politics are of less 
 interest. When William had become — as the Republican 
 })arty in Holland satirically expressed it, referring to the 
 gi'eat power which he was able from his popularity to 
 exercise in his own country, and to the liinitatioii of the 
 Sovereign's authority in England — " King of Holland and 
 Stadholder of England," there was less of startling novelty 
 to communicate to the distant colonies. The dispatches 
 soon take their old tone, and European revolutions give 
 place to the ordinary details of commercial profit and loss. 
 But although a very large space has been occupied with 
 these extracts, they would be very defective if Van der 
 Stell's dispatches, detailing the part which be took in the 
 great war, were wholly omitted. Very shortly after he had 
 received orders, in consecjuence of the seizure of Dutch 
 ships in the channel, to " treat the French everywhere as 
 enemies, and cause them all the injury possible," the ill-fated 
 Norrmtndc, Tachard's peculiarly privileged ship of the 
 Siamcso expedition, arrived, on her homeward voyage. The 
 stratagem by which she was taken, the piratical mode 
 in which the unfortunate prisoners were treated, and the 
 absence of discipline on the part of the aiptors, are fitly 
 detailed in the Governor's own words : 
 
 On the 'JGth April. 1(589, in the afternoon, about one o'clock, there 
 arrived hero, for the purpose of refreshment, the King of France's 
 ship en jlulo La Nonnand'', from Pondicherry tho 1 7th February, with 
 a cargo wortfi 160,015 rupees, principally jiiece-goods, having left 
 that place in company with tho French Company's ship L«' Cocht. 
 
 The Chevalier do la Machcfoliere, ensign of the NonnaniU, who 
 had come ashore in tho cutter to bring the respects of his Cap^tain 
 I 2
 
 116 
 
 and tlic fni-tlior ofTircrs to tlio Honourable Company, was disarmed 
 on entering the Castle, and, together with his boat's crew, placed 
 under arrest. 
 
 In the meanwhile, the Captains of the ships Saamslagh and Neder- 
 land, which were in the Imy, hud orders from the Commander to pre- 
 pare for battle, and to get near the Frenchman, the one at his stern, 
 and the other alongside ; and, if he refused to surrender at once, the 
 first nud second mates oi the ^aamslajh the former with the long 
 boat, and the second with the cutter, both manned with armed men, 
 were to start from their ship, and board the Frenchman. The galliot 
 De Noord, well manned with armed soldiers and sailors, had orders to 
 take her position a short distance astern of the Frenchman, in order, 
 if our boarding people met with too severe a resistance, to support 
 them as a reserve. 
 
 Our shore-boat, likewise full manned, was ordered, as well as the 
 boat of the Nederland, under the command of the first and second 
 officers of that ship, to proceed on board of the Frenchman as soon 
 as the}" saw that the boats of the Saa^nslajh were alongside. But 
 Govert Boos, Captain of the Saamslagh, having received these orders 
 from the Commander, regarding the employment of our shore boat 
 and the boats of the Nederland, at once went on board, and, finding 
 our boat alongside the Nederland, ordered her to remain there until 
 he should strike his flag on board of the Saamslagh, as a sign that 
 they should start from the Nederland to the Normande, which was in 
 opposition to the orders given him by the Commander. 
 
 In the meantime, the Commander caused the French boat to put off 
 from our wharf, well manned, and under the French flag, with the 
 order to be cautious not to approach the Frenchman so near that he 
 could recognize the Company's people, and not to go alongside until 
 the fight had begun. 
 
 Monsieur de Courcclles, Captain of the Normande, seeing the boat 
 come ofl' witli the French flag, and suspecting no evil, ordered a 
 salute of nine guns to the Castle, under the smoke of which the 
 cutter and boat of the Saamslagh came alongside without being dis- 
 covered ; and, as he would not hear of surrendering, they at once fell 
 to, and after eight of their men, and two of ours, had been wounded^ 
 they cried for (juarter, which was granted. The ship had forty-nine 
 men and sixteen guns — twelve and eight pounders. 
 
 Our people having, in the afternoon, about three" o'clock, taken to 
 plundering, nothing was known on board of the Saamslagh of the 
 signal which they were to give to the boat and cutter of the Neder- 
 land ; and Captain Roos omitted to give the slightest notice of what 
 had taken place to the Commander, having, according to all appear- 
 ance, determined ou having the plunder of the French to himself.
 
 117 
 
 His Honor was therefore necessitated, about ten o'clock at night, to 
 soud off tho " dispensier " Freser (as we feared that, if our people 
 got intoxicated, they would give the French an opportunity of which 
 they might take advantage), with orders thai Captain Rocs should 
 send ashore tho French prisoners whom he had taken on board of 
 his ship, and who, including the officers, were stripped to the skin 
 (naakt uyt geschud), and to take care that tho orders were obeyed » 
 in contravention of which the orlop, tho gun-room, forecastle, and 
 cabin, and the whole ship with tho exception of the hold, was plun- 
 dered ; and hero there would have been trouble enough besides, but 
 for the good watch and care of the Fiscal and commissioners, Captain 
 Roos being of opinion that whatever was found out of the hold was 
 his prize and booty, in consequence of which the diamonds, jcwelsf 
 and other articles shipped are missing, and we have been compelled, 
 on tho part of the Company, to protest against him for all present 
 and future damage. 
 
 A fortnight after, arrived the Norinandee consort, Le 
 
 Cochc : 
 
 The before-mentioned French Company's ship Le Cochc, having 
 parted from her consort, tho Normande, by chance or on purpose, in 
 tho latitude of False Bay, about sixty miles from Table Bay, arrived 
 hero on the 5th May, opportunely, for the purjioso of obtaining re- 
 freshments; laden with piece-goods to the value of rupees 2'Jl,8Sl 2 1, 
 manned with ninety-six men and armed with twenty-four iron pieces, 
 — eight and six pounders, ^uud six stone pieces. 
 
 Having come to an anchor towards evening, about half a musket 
 shot above the Company's ships, she saluted tho Castle with nine 
 guns, which were returned ; and, after she had first saluted tho 
 French King's flag, which was flying from the Normande for tho 
 purpose of deception, and had received the ordinary return salute, 
 those on board were (juite at case, and suspected nothing less than 
 the impending evil. As it was near evening, and a swell was on, they 
 sent off no boat ; but when, at midnight, tho weather was somewhat 
 more moderate, they dispatched a ijoat to the Xonnando, which waa 
 detained by our people. When they saw that the boat stayed away 
 too long, and that three of our ships wero nearing thorn, — the one 
 for tho starboard, another for tlio stern, and tho third for tho larlwjard, 
 — they became suspicious, and began to shelter tliom.solvc.s with 
 blankets and mattresses ; to open the ports and point tho guns, and 
 to bring up those that wore in the hold, and make every preparation 
 for a gallant defence. Upon this, ilarcus Kok, tho captain of tho 
 Ncdcrhind, who had a])proachcd within pistol-shot of the Frenchman 
 thought it best, iu order to prevent bluoddhcd, to b« bcforchaud with
 
 118 
 
 him, and, about an hour after midnight, commenced firing with cannon 
 and musketry. Upon this, the EngUsh ship Nathanael, having 
 received a shot in the hull from the Frenchman, did not remain in hia 
 debt, but returned three balls. At length, finding the fire too hot, 
 after the second broadside, their Captain, Monsieur d'Armagnan, and 
 two common soldiers having been killed, and eight men wounded, 
 they begged for quarter, the Jesuits and priests the loudest among 
 them ; and thus this richly-laden ship fell into the hands of the 
 company without the loss of a drop of blood. 
 
 They were again plundered, as shamefully as the Normamle, and 
 everything would have been carried oil", but for the firm opposition of 
 the Fiscal and commissioners, who shut the hold where the sailors 
 had already penetrated ; the violence having been great, the disci- 
 pline small, and the boats and cutters of the ships in the bay along- 
 side, against the orders given to the officers in full coancil, and the 
 resolution had thereon. 
 
 The prisoners, in number about 140, have been well secured, and 
 forty of them have been sent to Batavia ; the half by the Nederland^ 
 and the other half by the Slon. The rest will follow to Ceylon. The 
 officers, priests, and Jesuits will be sent to Europe by the Batavian 
 and Ceylon return ships, and the prizes La Nonnandc and Lc Coche^ 
 the former, now called the Good IIop'\ being consigned, with its 
 lading, to the Pra3sidial Chamber of Zeeland, and the latter, now 
 named the Africa, to the Chamber of Amsterdam. 
 
 Tho most important prisoners are : Monsieur de Courcelles, captain 
 of the Normaiule ; Monsieur du Tertre, his lieutenant ; Chevalier do 
 la Machefoliere, his ensign; De Beauchamp, major of the Siam 
 regiment ; Dc Sainte Marie, captain of tho same regiment, who has 
 been allowed, at his own request, to proceed to Batavia, there to 
 await the expedited pardon of his King for homicide committed by 
 him in France ; Volant, captain and engineer ; Charlatte, lieutenant 
 of Le Cache ; Besnard, second lieutenant ; M&niqualt, bookkeeper . 
 Du Val, bookkeeper; two Jesuits and two priests, «&c., &c. 
 
 We intend to keep the French flag flying on the Normaride as long 
 as she lies at anchor here, in the hope thereby to mislead tho French 
 ship Le President, which is expected from Surat, and entice her to tho 
 anchorage, where she will be received with the same civility as tho ;| 
 others have enjo3ed. 
 
 Having given this account of the triumphant naval achieve- 
 ments in Table Bay, we hasten to a conclusion. For 
 some time ft-ars existed that the place would be attacked. 
 In Augu.st of the same year, the proximity of a fleet, sup-
 
 119 
 
 posed to be hostile, having been reported, Van der Stell 
 issued an order to the landdrost and heemraden of Stellen- 
 bosch and Drakenstein to hasten to the capital : 
 
 28th Augnst, 1689. 
 Good FnncyDs,— As we are threatened with an attack by the enemy, 
 and it is our duty to be prepared for it in time, you are ordered, on 
 sight of these presents, and without delay, to collect your men, horso 
 and foot, and to come hither with the landdrost, fully armed and 
 equipped, well provided with powder and lead, leaving only ten or 
 twelve men to protect your wives and children and property against 
 the Hottentots, or other need. On which relying, we are 
 
 Simon van der Stell, 
 
 P.S. Three ships are already in sight, and, besides, three signal 
 guns have been Gred at Robben Island. The landdrost will therefore 
 cause all the men to be taken from the Company's postSi leaving one 
 man only to guard the cattle, until further orders. 
 
 But on the same day the order was withdrawn, as the 
 approaching fleet proved to be not French, but Dutch, At 
 the end of the year the Council of Seventeen wrote further 
 instructions that the Cape should be placed in a state of 
 security. Van der Stell is warned that the King of France 
 would endeavour to overpower the fortres.s, " the deficien- 
 cies of which His Majesty knows as well as we do," or at 
 lea.st to surprise and capture the shipping ; " this King 
 being very bold and enterprising, and very likely to form 
 and carry out such a project, — in revenge for the disgrace 
 which he considers he has suffered in the loss of La Nor- 
 mande and Le Coche." The Governor is authorized to re- 
 tain some of the eastward-bound ship.s, and to keep them 
 in fighting order, and, " if the French should arrive, not 
 only to beat them off, but, if possible, to caj^ture them." 
 
 But the pinnacle of Louis XIV's fortunes had been 
 reached, and he could scarcely hold his own against Eng- 
 land and her Continental allie.s. No attempt was made 
 by him against the Cape or the Dutch-Indian posst-ssions. 
 
 The next French «(iuadron of importance which, during 
 a period of European war, reached Table Bay, was that of 
 SufiVen, which, after a well-fought but indecisive action with
 
 120 
 
 an equal force under Commodore Johnstone, near St. Jago, 
 in 1781, arrived in time to save tlie Settlement from 
 English conquest. At that date the power of Holland wa-s 
 fast failing in Europe ; the financial embarassments of the 
 Dutch Eiist India Company had become very serious : 
 French regiments garrisoned Cape Town, 
 
 THE CAPE A CENTURY AGO. 
 
 Various works, accessible in the English language, enable 
 the colonist to understand the facts connected with the 
 original occupation of the Cape of Good Hope, with its 
 condition for about fifty years after the settlement, and with 
 its state towards the end of the last century, when the first 
 surrender to British power took place. Riebeek's journal 
 has been, in part at least, published and re-published. 
 Traduced, on the one hand, as a ruthless and inhuman 
 destroyer of the wretches who owned the land ; by the 
 opposite party, with equally mistaken feeling, extolled as an 
 apostle of Christianity and civilization to the benighted 
 heathen ; he is now acknowledged to have been merely a 
 ftiithful and intelligent factor for his commercial principals, 
 who, by inclination as well as policy, was humane, though 
 his acts led, necessarily, to the ruin and destruction of the 
 native tribes. 
 
 Of the progress of the colony in the period immediately 
 after its infancy, the arrival of the French Protestant 
 refugees, during the government of the elder Van der Stell, 
 and the establishment of Petite Rochelle, now called French 
 Hoek, and other places, some general knowledge likewise 
 exists] 
 
 The political troubles in the reign of the younger Van der 
 Stell, as related in the ponderous pamphlets known to the 
 student of Cape history as the "Deductie," the " Contra- 
 deductie," and the " Neutrale Gedachten," have received 
 their due share of notice, and have been fully detailed in an 
 earlier number of this Magazine* But, from this date, a 
 
 * The Cape Montlihj Magazine.
 
 121 
 
 sudden leap is generally taken. Persons well informed on 
 this period are again, probably, acquainted with the dis- 
 turbances of Van Plettenberg's government, and are cer- 
 tainly not ignorant of Sluysken's brave words and poor deeds, 
 in 1795, and the fruitless resistance to the English force at 
 Muizenburg, while Swellendam was in a state of rebellion, 
 and Graaff-Reinet at least disaffected to Dutch authority. 
 After this, commencing with Barrow and Lichtenstein, 
 authentic information abounds. But the intermediate period 
 from 1710 to 1780 is, even to those who otherwise claim 
 some knowledge of Cape history, a blank ; and a brief notice 
 of the condition of the country, and the relative position of 
 the governors and governed a hundred years ago, when Ryk 
 Tulbagh was at the head of afiliirs, may not be unwelcome. 
 
 Tulbagh was one of the very few of the representatives 
 of the majesty of the Chartered Netherlands East India 
 Company, who left in this colony a name respected by the 
 people over whom he had exercised authority. 
 
 The author of " LA.'frique Hollandaise," who, in liis 
 philippic against the misdeeds of Baron van Plettenberg, 
 has scarcely a word of praise for any one connected with 
 the Dutch government, speaks thus of the estimation in 
 which Tulbagh was held : 
 
 II avait un ccjour droit, com patissant et g<Su(5reux. Ces sortes 
 d'hommcs uo dcvraicnt jamais mourir, parccqu'ils no sonb prcsquo 
 jamais remplacua. La Colonio du Cap pcrdit tout, ca lo pcrdant : 
 elle le pleura commo 8on rere,et lo successcur do M. Tulbagh a pro- 
 digieusement augmont«3 lo regret do3 colons, qui so souvicnucnt ou- 
 coro avcc atteudrissemout do leur protocteur ot do lour ami : ils n'out 
 pas oublio lea dorui^ro3 paroles do co bon phrc : ellos sont rcmarqua- 
 blo3. Etoudu sur lo lit do niort et prOt a rendro son amc pure cutro 
 lo3 mains do son Diou, il dit a coux (jui rcntouraiout ot (jui plcura- 
 icnt amoromcnt sa niort prochaiuo : " Mcs amis, mos cufaus, il n'est 
 pas oncoro temps do plcuror; vous n'en aurez quo trop lo sujet, troig 
 ou quatre ans apros ({uo jo no serais plus." Cotco prophctio no 
 s'accomplit quo trop. 
 
 Tulbagli's days were evidently, in the opinion of the older 
 colonists, the golden age of the Cape, The very few- 
 ancient dames and decrepit old men yet surviving, who
 
 122 
 
 remember tlie good old times before the arrival of Admiral 
 Elpliiu.stone and General Clarke in Simon's Bay, in 1705, 
 when sheep were purchased for inconvertible cartoon money 
 to the amount of six skillings colonial, equivalent then to 
 three shillings sterling, in their infancy heard their parents 
 discourse of the blessings which Heaven showered on the 
 land in its golden prime during Tulbagh's regime. The 
 petitioners of the " Kwynende Burgeiy door hoogen nood 
 geperst" (the suffering citizens weighed down by utmost 
 need), who implored, from the mighty Council of XVII, 
 relief from the tyranny of Plettenberg and the independent 
 fiscal Boers, point to the days under Tulbagh as the last 
 happy days they had seen. He was their father : they were 
 children, rejoicing in the happiness of the paternal rule. 
 Nurses terrified naughty infants with the grim Governor 
 Noodt, who had been summoned by a wretch doomed to 
 death against law, from the steps of the scaffold to meet him 
 that day before the judgment-seat of God, and who was 
 found dead in his chair by the officers who came to commu- 
 nicate the execution of the sentence, while they taught them 
 to lisp, with affectionate gratitude, the name of the common 
 benefactor, Father Ryk Tulbagh. 
 
 How thoroughly, as may be gathered from this endearing 
 appellation, the "burghers" of the colony were, in the 
 middle of last century, helpless children, now fostered with 
 anxious care by a good governor, now scourged, as with a 
 whip of scorpions, by a wicked " edele heer," a glance at 
 their social state, their legal rights, and their physical well- 
 being in these " good old days " will show. 
 
 Mannei-s and fashions are, undoubtedly, among the 
 clearest indications of national character. We speak not of 
 to-day, or a temptation might arise to inquire in how far the 
 moral tone of our society is illustrated by the luxurious and 
 extravagant toilettes of ladies who have "nothing to wear;" 
 by the gambling propensities of gentlemen, who, stimulated 
 by champagne, grasp greedily at sovereigns temptingly 
 displayed by the auctioneer, and, in their sober awakening 
 on the morrow, find themselves, in unavailing penitence,
 
 123 
 
 lords of valueless land, to be pai(-I for with the savings of 
 years ; by the carriages-and-four, which convey footmen and 
 ladies' maids, or journeymen mechanics and sempstresses, to 
 St. George's Cathedral, there to be joined in the holy estate 
 of matrimony, and carry them thence to the suburbs for a 
 dejetlner, at a cost, to commence the household hapi)iness, of 
 a year's wages of bridegroom and bride pawned for the 
 present enjoyment, — the certain prospect of imprisonment 
 for debt within a few months, or an application in insol- 
 vency, by no means clouding the horizon. But our busi- 
 ness is not with our own vices and virtues, which, perhaps, 
 are too near or too dazzling to be seen in their just propor- 
 tion, but with the days of Ryk Tulbagh. 
 
 Luxury, indeed, of the nature to which we refer could 
 not be safely indulged. A century ago, it was the age of 
 hoops, as, unhapi)ily, it is now ; but few, indeed, of the 
 colonial dames were privileged to assume the proportions 
 of an inverted balloon. The combination between a vendor 
 and an adventurous friend, bought for five or ten pounds, 
 to assist in defrauding an honest purchaser into the pay- 
 ment of a price far beyond the value of the article offered 
 for sale, — to the disgrace of the law permitted, and to the 
 disgrace of the moral sense of our community not viewed 
 with disgust, — wjis reserved for our enlightened age, 
 though it must be added that the Dutch government itself, 
 in its sales, initiated the Cape community into the myster- 
 ies of the " strykgeld " system, from which the even more 
 ingenious " bonus " has sprung. The expensive imitation 
 of " High Life below Stairs," which beyond the other 
 churches of the place, the St. George's Cathedral on 
 Mondays presents, would have met with condign [)unish- 
 ment. 
 
 Tulbagh was a reformer, not as the word is at present 
 understood ; for liberalism and political economy were 
 wholly excluded from his idea of reform. Ho had com- 
 menced life as a common soldier, in the service of the 
 Dutch cuiiipany, and had risen, through all the gradations, 
 to the rank of Governor. A determined toe to any de-
 
 124 
 
 parture from simplicity of life or manners, he was a 
 strict disciplinarian ; and the theory of the model repub- 
 lic of this century, that all (white) men are equal, 
 would have met with extreme disfavour from the devoted 
 servant of the older model republic of the United Pro- 
 vinces. A sumptuary law, introduced into the Indian 
 possessions of the Netherlands by the governor-general, 
 Jacob Mossel, was adapted to the requirements of the 
 Cape of Good Hope by Tulbagh, in 1754. The pro- 
 visions of this law against the increase of "Praal en 
 Pracht" (ostentation and luxury) show not only that the 
 governor-general and the local governor were legislators of 
 the school of Zaleucus the Locrian, whose laws of apparel 
 are far more amusing than those which grace the English 
 statute-book through the Tudor and Stuart reigns ; but 
 exhibit more clearly than aught else the degrading position 
 which was held by the inhabitants, who rejoiced, a century 
 ago, in the pseudonym of free colonists, in a colony planted 
 and governed by republicans. Ordinance No. 50, passed by 
 General Bourke, was the magna charta of the Hottentots 
 in the colony, emancipating them, though not strictly slaves, 
 from a position of serfdom in the land of their forefathers. 
 In like manner, the conquest of this colony by the British, 
 and its final cession in 1815, may be called the first charter 
 of liberty to all inhabitants of the colony of European 
 descent, who had not high office or high official connection. 
 It ia recorded in the complaints against Van der Stell, in 
 1708, that an old man, who was unable, from infirmity, to 
 rise in church with the rest of the congregation, to render 
 the homage required by the governor in the house of God, 
 was shii)ped on board of a vessel bound for Batavia, and 
 was with difficulty saved from deportation for the dire 
 offence. In the days of Tulbagh, men did not pass his 
 house without uncovering ; gladly — says the chronicler of 
 the day — from the esteem in which he was universally held. 
 Van der Stell was detested, and Tulbagh beloved ; but there 
 seems something less slavish in the salutation to the repre- 
 sentative of sovereignty in person, even in the sacred edifice,
 
 125 
 
 than in the baring of the head to walls and windows, 
 because the great man may be, or may have been, within 
 the doors. It is plain that there would have been no 
 objection to Gessler's hat at the Cape at that time. Conduct 
 like Tell's would have seemed the culmination of folly. 
 
 Naturally, " ^lynheer de Secunde," the second in position, 
 sometimes called the " vice-go verneur," possessed a share of 
 the prerogative ; and members of the high court of policy 
 delighted to show their superiority above the common herd. 
 To such a pitch had this " sacred habit of obedience " risen 
 in the latter part of the last century, that, on the authority 
 of an aged person now no more, whose memory of the scenes 
 of her youth was perfect, we are able to state what, without 
 such authority, we should have conceived scarcely credible, 
 — that it was the special occupation of certain dames, wives 
 of men high in office, to sit invisible behind the window- 
 blinds, to take note of passers-by who neglected the 
 obsequious bow to the unseen magnate. On the morrow, 
 the proper proceedings for the l^e majesty were taken. 
 
 To such a state of .society, laws of the following import 
 cannot be said to have been unsuited. They are extracted 
 from the placaat on " Pracht en Praal :" 
 
 OF LARGE UMBRELLAS. 
 
 Articlo G. No one less in rank than a junior merchant, and those 
 among the citizens of equal rank, and tho wives and daughters of 
 thoso only ■who arc, or have been, members of any council, shall 
 venture to use umbrellas ! 
 
 Article 7. Those who are less in rank than merchants, shall not 
 enter the castle, m fine weather, with an open umbrella. 
 
 To understand the limitation here imposed, it nmst be 
 explained that there were very few " merchants," a title of 
 high rank in the Company's service in the colony. " Myn- 
 heer de Secunde," the independent fiscal or attorney-general, 
 and the commandant of the castle, were the only offioei-s, 
 besides the governor, who ranked as "senior merchants" 
 (opper koopmannen). The .secretary of the council, the 
 purveyor-general (dispensier), the storekeeper (pakhuis- 
 meester), and the agent for the sale of the company's goods
 
 120 
 
 1 
 
 (the winkelier), had the title and emoluments of merchants 
 (koopmannen). The governor and three senior merchants, 
 togetiier witli the four merchants, formed the high court of 
 policy, the executive and legislative council of the settlement, 
 and the court of justice, from the latter of which, the 
 governor and vice-governor were ordinarily ahsent, so that 
 the presidency devolved, as a rule, on the commandant of 
 the fort. 
 
 Of those who held the rank of junior merchants (onder 
 koopmannen), such as the secretary to the court of justice, 
 the assistant fiscal, the accountant, the lieutenants, and 
 others, there were, perhaps, in the whole, twelve ; but to 
 these should be added, possibly, twelve more, who held 
 certain posts of honour in the " Burgery', as members of 
 the municipal council and commandants of militia. If with 
 these, be counted the clergymen, who held a high position, 
 and the landdrosts of Steilenbosch and Swellendam, who 
 were on an equality with merchants, we shall find, on the 
 most liberal computation, that in the period, deplored before 
 the British occupation as the halcyon days of the land, such 
 was personal liberty, that of a population amounting to about 
 45,000, of whom about 12,000 wereof European extraction, 
 not fifty men and their wives were entitled, by law, to the 
 privilege of using an umbrella at all, in any weather ; and 
 that about twelve men, the members of the council alone, 
 were allowed to protect themselves from the scorching rays 
 of the summer sun on entering the castle where the 
 governor resided, and the hall of justice and the public 
 offices were situated. 
 
 It may have been proper, though the gravity of the 
 legislation excites a smile, that the right of placing a 
 coachman in livery was one fitly restricted to the governor 
 and the members of the court of policy ; but we do not 
 quote the article, to find space for one which may remind 
 some of the low vehicles without doors, which were not 
 wholly consigned to oblivion some years ago, but which have 
 now utterly vanished. Their facility of ingress and egress 
 admirably suited the fashion rendered imperative by the law.
 
 127 
 
 OF CAKBIAGEB. 
 
 Article 4. Every pci'son, without exception, shall stop his carriage, 
 and got out of it, when he shall see tho governor approach, and 
 shall likewise get out of the way, so as to allow a convenient passage 
 to the can'iage of any of the members of tho court of policy. 
 
 The exact ornaments with which owners of vehicles 
 might decorate them, the exact amount of embroidered 
 velvet which gentlemen of different ranks might wear, are 
 accurately defined, but must give place, for the gratifica- 
 tion of the curiosity of ladies who would know what were 
 the laws of fashion a hundred years ago, to an extract of 
 the law on that suljject — not as enacted by the modistes in 
 Paris — but Father Tulbagh and his grave Council in the 
 Castle of Good Hope : — 
 
 No women below the wives of junior merchants, or those who 
 among citizens are of the same rank, may wear silk dresses with 
 silk braiding or embroidery, nor any diamonds nor mantelets ; and 
 although the wives of the junior merchants may wear these orna- 
 ments, they shall not bo entitled to allow their daughters to wear 
 them. 
 
 All women, married or single, without distinction, are prohibited, 
 whether in mourning or out of mourning, under a penalty of twenty- 
 five rixdollars, to wear dresses with a train. 
 
 The number of servants each rank may boast, the 
 number of horses that may be harnessed to carriages, the 
 costume of the functionary within and of the footmen 
 without tlie carriage, the dres.ses of brides and their friends 
 at wedding festivals, are all duly enacted ; and the placaat, 
 conducting those for whom it has so cared in their various 
 relations of life to the grave, ends naturally with the 
 etiquette to be observed on man's exit from the world, 
 establishing under heavy penalties, that for a governor and 
 members of the Court of Policy alone may dust bo strewn 
 before the house-door as a sign of bereavement, and inflict- 
 ing severe fines where more tiian one undertaker hai> Ix^n 
 employed for the funeral ceromoiiies of any beneath tho 
 rank of members of the Court of Policy.
 
 128 
 
 But there mny have l)een happiness in the land notwith- 
 standing what we should now deem preposterous inter- 
 ference with private right, and slavish submission. Although 
 the recognised institution of the gallows, as exhibited in all 
 the ancient prints of the place, was the first object that 
 greeted the gaze of the passenger who ueared our shores, 
 on the hill in the vicinity of the present Scottish Church, 
 and within the military lines near the Castle, — yet these 
 signs of civilization were rarely, in the days of Tulbagh and 
 his immediate predecessors, burdened with the skeletons in 
 chains, which formed the especial delight of Governor 
 Noodt. Contented and happy, without political rights and 
 scarcely desiring them, the entire population was said, in 
 the late Dutch period and the early English period, to have 
 been then at least prosperous. This prosperity should be 
 examined by the members of Legislative Council and House 
 of Assembly especiall}', who sighing for some fancied days 
 that are past, and predicting ruin as imminent, are 
 apparently not aware that at no time since the commence- 
 ment of the century have the ravens ceased to croak that 
 bankruptcy was at hand, and that Tulbagh's was throughout 
 the regretted age. 
 
 The entire direct expenditure of the colony was certainly 
 small With days when the Governor received only about 
 4,200 guilders, or £350 per annum, probably the imita- 
 tors of Joseph Hume in our colonial Parliament would 
 declare that they would have been satisfied. An expendi- 
 ture amounting in the whole to 144,000 florins, or 
 £12,000 per annum, would gratify the unfortunate 
 gentlemen who groan because, their lands having risen to 
 ten times the value which in their wildest dreams they 
 could have imagined, they have to pay an actually far 
 larger, though proportionately far lower, sum in taxation 
 than did their predecessors. The revenue was larger than 
 the expenditure in the days of which we .speak, — an 
 example, no doubt, to our present financial department ; 
 but was obtained by means of facilities which Mr. Rawson 
 
 i
 
 129 
 
 — charmed he never so wisely — could scarcely persuade the 
 representatives of the people to re-introduce. 
 
 From the manner in which the revenue was gathered, a 
 statement of it includes necessarily a detailed account of 
 the actual agricultural produce of the colony. A tithe of 
 crops was at once the property of the Government. Of 
 25,000 muids of wheat annually required by the Company 
 — 5,000 of which were consumed here and 20,000 sent to 
 Batavia — 1G,000 were delivered in kind as the Government 
 tithe, which at 8 fls. Cape currency, equal to GA fls. Dutch, 
 amounted to 102,000 guilders, or £8,533 Cs. 8d., the most 
 important item in the collection of the revenue. In addition 
 to this, about 15,104 Dutch guilders, or £ 1,2 5 3, was levied 
 in money a.s wheat tithe. Tiie entire annual production of 
 wheat in the colony was 175,000 muids. 
 
 Of barley, the tithes received in kind and in money 
 amounted to £312 13s 4d. — the tenth of the value of 0,700 
 muids produced. On 1,250 muids of peas and beans, about 
 £100 was collected as the Government tithe. Oats were 
 not grown in the last century. The entire revenue obtained 
 from agricultural produce of this kind was therefore some- 
 what more than £ 10,000, and the value of the crops of the 
 colony, £100.000. With the exception of 20,000 muids 
 sent to Batavia by the Government, no portion of this value 
 of £100,000 was exported. The whole was consumed 
 within the colony. 
 
 Wine further formed a source of revenue. But here the 
 tithe was not exacted. The public sale annually of the 
 right to retail wines and spirits wa.s thtJ method liy which 
 the Treasury was benefitted in respect of the article of 
 production. An auction wa.s yearly held by tiie Governnent 
 of the four " pachts." The pachter or farmer of Cape wine, 
 to whom at the fixed price of twenty-seven rixdoliars per 
 leaguer the wine-grower wa.s bound to deliver the quantity 
 desired by him, paid for his privilege about 50,000 Dutch 
 guilders, or £4,250. The other "pachts" were .small in 
 comparison. The Stellenbosch " paoht," that of foreign wines 
 and that of beer together, did not brinLj into the chest 
 
 K
 
 130 
 
 inoic tlinn Xj.'SO. Tlnis €5, 000 in the wliole waH the revenue 
 received from wine — to wliich should, however, be added 
 nhout £r)00 luoit', being a tax of one guilder annually for 
 every leaguer actually used. Stamps produced about X3.')0 ; 
 transfer dues, two and a half per cent, at this date, and 
 more lately four per cent, provided somewhat less than that 
 sum ; and land-rents, £750. 
 
 One other source of revenue, which, from its trifling 
 amount, shows liow rarely foreign ships resorted to the 
 Cape about the year 1750, was the anchorage due.s, which 
 at the rate of 200 fls , or £1G l.*3s. 4d. per ship, yielded 
 annually for an average number of twelve ships per annum, 
 the sum of £200. 
 
 'J'he total revenue of the colony was therefore in the 
 middle of the last centmy, a hundred years after Riebeek 
 had i)lanted the .settlement, £17,150. There were no cus- 
 tom.s' dues, for nothing might be imported in foreign ships ; 
 and, as regards Dutch vessels, the sole importing and ex- 
 porting merchants were the Dutch Company, who were the 
 owners of all the imports and exports. 
 
 The entire trade was in the hands of the Company. 
 Private adventure could not exist. Their sale of articles 
 of European manufacture and production reached generally 
 the sum of 100,000 florins per annum, and of Indian 
 imports about the same amount. The imports to the 
 Colony were therefore in value about 200,000 florins, or 
 £1G,GGG 13s. kl. 
 
 The exports, in addition to the wlieat sent to Batavia, 
 con.sisted of wine to the amount of 1,500 leaguers, .sold to 
 the ships, and 1 20 leaguers of Constantia sent to Holland by 
 the Conij)any. Rather more than 0,000 leaguers of wine 
 were made annually. With no trade what'Cver, — no market 
 except such us the Company chose to afford, — no right 
 profitably to exercise any branch of industry, how grievous 
 must have been the position of the colonists during Plet- 
 tenberg's Goveiument, if they pointed to this period as 
 that of their great prosperity.
 
 131 
 
 No roads whatever existed. Bridges were wholly un- 
 known, with the exception of a bridge over the Laurens 
 River, in Stellenbosch, built by a patriotic individual, 
 named Grimpen, who, and whose descendants, were by the 
 Dutch Government exempted from the performance of 
 burgher service ; and one which had been erected by 
 Governor van derStell over the same river, for the purposes 
 of his farms at Hottentots' Holland, but which w;us suffered 
 to fall into decay when he was removed. 
 
 In the farms of the interior, or Overberg, bread was a 
 luxury for months in the year scarcely attainable. The 
 dried flesh of gaine, or of oxen, often peiforint'd the ofRce of 
 wheat and flour. Tliere was no education ; three ministers 
 of the Gospel for the entire population ; no printing-press ; 
 no post-ofTice ; no books except those in the posse.ssion of 
 men holding oflicial rank, and the Bibles and Prayer-books 
 imported by the Company. But the attachment of the 
 scattered peojile to their religious observances, was then, 
 and is now, a remarkable feature in their character. 
 The beneficial influence of the simple teachings of their 
 church has prevented the pioneers to the interior from 
 lapsing into utter barbarism. Even now among those 
 who lead a nomadic life, the religious spirit is most 
 observable. Tiie trekboer.s, rough and uncouth, salute 
 their Maker at dawn of day with prayer and praise ; 
 and every morning and evening the patriarch of the 
 family reads the accustomed chapter from the cherished 
 family Bible. This is a legacy from the ancient days which 
 is not referred to when men deplore the good old times ; 
 though socially, even apart from religious considerations, it 
 is the most valuable posse.s.sion which the present colony 
 owes to the past. 
 
 K 2
 
 132 
 
 THE FIRST CAPITULATION TO THE BRITISH. 
 
 Governor Sluysken, whose rule of this colony closed with 
 its capitulation to the British forces on the IGth September, 
 1795, published on his arrival in Holland a Narrative of 
 the principal circumstances attending this important event 
 in our Colonial History. This book and some other pub- 
 lications which have appeared at various times since the 
 foundation of the colony, and which contain not merely the 
 most important public documents of the time, but also the 
 opinions and the sentiments of some of the chief persons 
 concerned in the political events which are described, are 
 far more valuable for the puipose of forming some idea 
 of the state of the Colony at the period of which they 
 treat, than the description of the people, and of the 
 country, which we find in the works of travellers. It is 
 impossible to estimate fairly the influences which may 
 affect the judgment of a mere tourist in any country, but 
 •we generally know what allowances should be made, and 
 ■what degree of personal feeling must be taken into account 
 when political movements are described by a writer who 
 has been himself concerned in the proceedings which he 
 narrates. Indeed, we learn usually from such a writer 
 himself, on what points we must receive his opinion or give 
 his statements with caution, and which cases those are 
 in which we may take his assertions for granted, or 
 accept his judgments as those of a reasonable and impartial 
 liistorian. 
 
 When the Governor, therefore, deals with the conduct of 
 the colonists, or settlers, he must be understood to write as 
 an officer of the Dutch East India Company, placed by that 
 Company in charge of a settlement whose chief importance 
 to them lay in its use to their East India possessions ; and 
 when he condemns the unruly and revolutionary proceedings 
 of the burghers of Swellendam and Graall-Reinet in 1795, 
 his condemnation of them must be received as from the
 
 133 
 
 mouth of one who could have but little sympathy with 
 them, and whose interests were in many ref.pects utterly 
 adverse to their own. The East India Company kept the 
 Cape for their own purposes, and only tolerated colonisa- 
 tion, in so far as they could find an immediate benefit from 
 it, to tlu^ir Eastern trade. The Cape was a dependency 
 not of HoHand, but of Netherland-India, and was 
 governed by the chamber of xvil in Holland, — the Council 
 of the East India Company, — and under that Chamber by 
 the Government of Batavia. The rights of the free burghers, 
 that is, of the settlers who had been permitted from time to 
 time to choose South Africa as their home, thus became 
 very early a cause of contention between them and the 
 civilians and military who represented the East India 
 Company in this colony. We find much earlier instances 
 of this contention between former Governors and the 
 burghers, in the history of the colony ; but under Sluysken's 
 government the claim on the part of many of the burghers, 
 appears to have resolved itself into a demand for self- 
 government and for perfect independence of the rule of the 
 East India Company, and, in jiarticular, of the Company's 
 trading regulations. We shall find the slave question 
 introduced into their demands, however, in a manner scarcely 
 honourable to our forefathers' conception of freedom ; but to 
 this odd mixture of liberty and tyranny, our American 
 brethren over the water have long since introduced us. The 
 rights of the free white men appear to have been 
 warmly present to the minds of our ancestors ; 
 while the difticulty of reconciling with these the 
 slavery of another race seems to have caused them but 
 little anxiety. Their descendants also claim freedom for 
 themselves : but it is fervently trusted, a frectlom unstained 
 by the bondage of others. Whether it was mfrt'ly in op- 
 position to the burghers of his day, that Sluyski-n pleads 
 so earnestly and generously as he does in the volume bo- 
 fore us, for the natives whom tlu-y wished to enslave; — or 
 whether these were the true sentiments of his breast, there 
 are perhaps other moans of judging than from the Nwra-
 
 134 
 
 live ; but, assuming these feelings to have been genuine, 
 the reader will see much reason also to give honor to those 
 representatives of t)ie Company, who incurred the risk of 
 an insurrection, in urging the protection of the natives as 
 one, at least, of their reasons for not yielding to the de- 
 mands of the burghers. 
 
 With this brief introductory allusion to what will pres- 
 ently be stated respecting Governor Sluysken's dealings 
 with the free setters of Swellendam and Graaff-Reinet, at 
 the very time that an English Fleet and Army was in 
 possession of Simon's Bay ; we now come to a sketch of 
 one of the most important events of our Colonial History, 
 — the first capitulation of the Cape. 
 
 Fourteen years previously the Cape had been menaced 
 by an English S(juadron, sent out for the purpose of inflict- 
 ing injury on the East India trade of Holland, which then 
 was at war with the British. At that time, the colony 
 was in a great ferment, respecting the threatened invasion : 
 — it was comparatively defenceless, and the anxiety of the 
 inhabitants was only quieted by the arrival of a French 
 Fleet which came hither for the protection of the colony. 
 The English finding the colony thus prepared, or more 
 probably having really had but little intention of possess- 
 ing themselves of the Cape territory, did nothing more 
 than take a prize in Saldanha Bay : — but so shortly after 
 sucli an event it is natural that Admiral Elphinstone's 
 visit in 1795 should have been received with considerable 
 suspicion, even had the officers of the Dutch East India 
 Company seen no reason of jealousy in resj^ect of the 
 English rivalry bidden to their trade, — or even hail there 
 not been considerable sympathy among them with the 
 French against whom the English Fleet now came to ofler 
 them protection. 
 
 It will be remembered that the Stadholder, the Prince 
 of Orange, had been compelled in the beginning of 1795 
 to take refuge in Englaiiti, — and that there existed, at the 
 time, in Holland, a strong republican party having far 
 greater sympathy with the views of the French republi-
 
 135 
 
 cans, tlian with the existing institutions of their country. — 
 Tliat there should have been at the Cape much of a siuiihir 
 feeling among the officers of the Government, and that 
 neither the Governor nor his Council deemed the orders 
 conveyed to them by Admiral Elphinstone, from the refu- 
 gee Prince then in England, sufficient to invalid 'te their 
 duty to the country whence the Stadholder had fled is 
 readily conceivable ; and will account for the opposite 
 views of the duty of the local Government taken by the 
 English officers and those whom in tlieir proclamations, 
 &C., they addressed. The Governor and his Council were 
 evidently in the hope that the Government which should 
 succeed that of the StaJliolder, even were that Govern- 
 ment in fact a French one, would send succour, — so that 
 at all events the English might be kept out of the colony. 
 To the French Batavian republic thoy would probably have 
 been more ready to offer obedience than to an English pro- 
 tectorate, even though sanctioned bv the Stadholder, It is 
 with reference, probably, to this feeling that, in lady Anne 
 Barnard's journal, the term Jacobin is applied to some 
 individuals to whom she alludes. In like manner. General 
 Craig, in one of his addresses to the colonists, while offer- 
 ing them the British Protectorate, warns them against 
 preferring the rule of the French, with all the attendant 
 evils of Jacobinism. 
 
 The force of Admiral Elphingstone anchored in Simon's 
 Bay on the 10th June, 1705. It consisted then of two 7 t 
 gun ships, three of Gi guns, and three sloops. On his 
 arrival the Admiral re([uested the resident at the Bay to 
 communicate his arrival to the Governor, and his wish to 
 see either himself or Colonel Gordcn, the Commander of the 
 local forces, in order to convey to them some very important 
 information. A letter from the secret committee of the 
 English East India Conipai.y, acknowledging the general 
 attention of the Cape Government to their sliips touching 
 at the Cape, and to their estaldishment at St. Helena, and 
 introducing the English Admiral to the Governor's personal 
 good offices, wa.s sent with this me.s.sage.
 
 136 
 
 The Government were, not unreasonably, very suspicious 
 respecting the real object of the English, and, so far from 
 accepting the invitation of the Admiral, immediately put 
 arrangements into train for preventing, if necessary, any 
 attempted landing, and any passage of the English troops 
 through the Muizenburg Pass. Instructions on this subject 
 were sent to the Resident at Simon's Town, Mr. Brand, at 
 the same time that the Admiral was informed that it was 
 impossible for either the Governor or Colonel Gordon to 
 leave the Capital, but they would receive his information 
 through any trustworthy officers he might send. Three 
 officers were accordingly sent to Cape Town, who delivered 
 to the Governor a letter from the Prince of Orange, dated 
 at Kew in England, 7th February, 1795, to the following 
 purport : — 
 
 " Wo have deemed it needful by these presents to command you to 
 admit into the castle, as also elsewhere in the colony under your 
 command, the troops that shall be sent thither, by his Majesty the 
 King of Great Britain, and also to permit the ships of war, frigates, 
 or armed vessels which shall be sent to you on the part of his said 
 Majesty, into False Bay, or wherever else they can safely anchor, 
 and you are to consider them as troops and ships of a power in 
 friendship and alliance with their Mightinesses (the States General) 
 and who come to protect the colony against an invasion of the 
 French. 
 
 "Consigning you, truly sirs, &c., to the protection of Providence 
 we are 
 
 WILLIAM, PRINCE OF ORANGE." 
 
 To this letter was added another addressed by Admiral 
 Elphinstone and General Craig to the Governor and his 
 Councillors, dated on board H.M.S. Monarch, in Simon's 
 Bay, 13th June, 1795, and written for the purpose of 
 conveying to the local authorities the latest information 
 respecting the position of affiiirs in the United Provinces. 
 This information was to the following purport : — " That in 
 the month of January, the French having entered Utrecht 
 and Gelderland, v.-ith a much stronger power than could be 
 successfully resisted by the United English and Dutch 
 Army, the troops of His British Majesty had been forced to
 
 137 
 
 retire over the Rhine into Germany, and those of the United 
 Provinces had been compelled to surrender to the invaders. 
 That in a few days the whole of the seven provinces had 
 fallen into the hands of the enemy, without any treaty, 
 capitulation, or agreement of any kind, while the Prince of 
 Orange and his family had been compelled to take refuge in 
 England. That the French having thus become masters of 
 the country, — they had, even in the short time which elapsed 
 previously to the departure of the fleet from England, com- 
 menced to levy numberless contributions on the inhabitants ; 
 — the chief officers of the late Government were imprisoned 
 and the command of the fleet given to a French officer 
 while the Dutch Admiral Kinsbergen was also placed in' 
 prison. Revolutionary committees had also been formed in 
 the chief towns, and in a short time the chief principles of 
 French republicanism were established in the whole country, 
 —protected as they were by an all-powerful military force. 
 The States General continued their sittings, but they were 
 controlled wholly by the army, and only carried out the 
 orders of the convention, while their representations as to 
 the inability of the inhabitants to meet the demands made 
 upon them, were answered by the threat of their exaction 
 by military force. Under these circumstances, and lest the 
 enemy should, before the allied powers had had time to 
 prepare the overwhelming force with which they hoped 
 ultimately to master them, endeavour to make the most of 
 their short-lived occupation of Holland, and to deprive His 
 Majesty's ancient allies and friends of their important 
 possessions in India, the Prince of Orange and His Britannic 
 Majesty had agreed to act in the terms of the letter from 
 His Serene Highness which they had the honour to forward 
 to the Governor, and which, they did not doubt, would 
 receive the attention it demanded, as well in regard of the 
 authority due to tlie writer, as of the interests of the 
 Company whom the Governor represented, and of the 
 welfare of the people under his rule. Finally, that tlie 
 squadron now in Simon's Bay was what could be instantly 
 collected for the purpose of the expedition ; but that a
 
 138 
 
 larger force, sufficient for the full protection of the possessions 
 of the Company was on its way, and might be daily 
 expected." 
 
 The answer to this communication is but slightly indi- 
 cative either of confidence in the English officers, or of 
 respect for the authority of the Stadholder. It is issued 
 by the Government and Council, and bears — like all the 
 similar documents subsequently issued — the signatures of 
 all the members who were present : A. J. Sluyshen, 
 J. J, Rhenium R. J. Gordon, J. J. Le Sueur, W. J. van 
 Rheede van adtshoorn, and W. S. van Rhyneveld. The 
 Council would " give the necessary orders that the fleet 
 commanded by their Excellencies should receive the need- 
 ful provisions and supplies, — but inasmuch as the circum- 
 stances of the colony render it inexpedient that armed 
 troops should be allowed to land, they request their Excel- 
 lencies to allow none but unarmed men to land for pro- 
 visions, and that only in the most limited numbers possible. 
 They assure their Excellencies of their gratitude for the 
 anxiety shown by His Britannic Majesty for the preserva- 
 tion of the colony, by authorising his troops to assist in its 
 defence, and they will take the freedom of availing them- 
 selves of the offer of assistance made to them, should any 
 foreign invasion of the colony be made. In the meanwhile 
 they feel that it will relieve the minds of their Excellencies 
 to learn, that the local Government is in the happy position 
 of being able to offer resistance to any foreign attack. They 
 conclude their letter, by asking what amount of military 
 aid, the British ships would in case of need, be able to give 
 them."* 
 
 * The " Eaad Politicq " of the colony was formed of the principal 
 civilians and military officers of the colony. All the members were 
 appointed by the East India Company. This bodj' was under the 
 Council XVII in Holland, the sole executive and legislative authority 
 of the colony. Of the nature of the control exercised by the council 
 over the Governor's authority we are unaware, but Sluysken appears 
 to have done nothing without them. If we have not been misin- 
 formed, the predecessor of Sluysken, Governor van de Graaff, was 
 recalled chiefly through the interference of his council. Doubtless 
 the Govei'uor and council, thus appointed, formed in fact a very
 
 In the narrative the Governor gives the reasons of the 
 council for not receiving the communications of the English 
 very favourably. They wished to gain time, so as to hear 
 directly from Holland, — for their last official accounts had 
 been to the 10th October, 1794<, and their last private 
 intelligence to the following December. In the meanwhile 
 their arrangements for defence were carried on. They 
 ordered the officer commanding at Hout Bay to prevent, 
 by force, the entrance of any ships, firing red hot balls at 
 them, if needful ; and they strengthened their Muizenburg 
 pest, and formed some other outposts between Muizenburg 
 and the capital. 
 
 Subsequently General Craig personally had an audience 
 of the council, and there stated " that he had been sent 
 hither, with Admiral Elphinstone, to propose to the 
 Government of the Cape of Good Hope, that it should 
 place itself under the protection of Great Britain, until such 
 time as a general peace should be made in Europe, and the 
 old and lawful constitution of the Netherlands should be 
 restored ; when His Majesty would be able to give back 
 the Colony to its lawful owner ; — this proposal being made 
 under the assurance that no change should be made in the 
 laws and customs of the inhabitants, and that no new 
 taxes should be laid upon them ; — but that they should 
 bear the expenses of their own Government, and all trade 
 with Holland and the Dutch establishments having neces- 
 sarily ceased, the trade of the inhabitants would have to 
 confine itself to the establishments of the English com- 
 pany, — that the troops should take a temporary oath of 
 
 tyrannical sort of oligarchy. But the British Government did not 
 mend matters, for from 1705 to 1825, (with the exception of a few 
 intervening years of the Batavian-Republic Government, 1S02 to 
 1800) the Governor personally was the sole legislative and executive 
 power of the colony, and even until a later date the judicial authority 
 also, in appeal ! In 1825, an English council of civiHaus was estab- 
 lished, and some years after the legislative body which concluded its 
 functions in July, 1819. The senior member of council appears also 
 to have been a responsible joint-administrator of the Government, 
 with the Governor himself. Such must have been at the time, and 
 previously, the office ol' Mr. Ehenius.
 
 140 
 
 nller^iance to His Britannic Majesty, and the civil servants 
 sliould continue in their offices until His Majesty's pleasure 
 should be known." 
 
 The General received a very short answer from the 
 Council, in writing, — to the effect that "in duty and 
 honour, they found themselves compelled to decline his 
 proposal entirely, and that they had resolved, with all 
 their power, to defend themselves against any who should 
 attempt to assail this colony, and the lawful constitution 
 of their country." 
 
 Much subsequent correspondence took place. General 
 Craig and Admiral Elphinstone were either averse to vio- 
 lent measures, or — what is very probable — the obstinate 
 refusal of the authorities to accept their protection, was 
 opposed to all their anticipations. The above answer was 
 received on June 19 th. They afterwards permitted a 
 Dutch frigate, which had some India ships under her con- 
 voy, to leave Simon's Bay for Batavia, without any moles- 
 tation, receiving only the word of the captain that he 
 would touch at no port of the French colonies ; — so that 
 the French might not become warned of his presence in 
 the Southern Hemisphere : which was readily given. This 
 frigate Sluysken tried hard to detain, but without success. 
 The captain appears to have taken a different view of the 
 position of the English from the authorities, and treated 
 with absolute disrespect their orders to him, which were 
 to the effect that he and the ships under his convoy, should 
 remain in Simon's Bay. and that they should, in case of an 
 attack against which it might be difficult to defend them- 
 selves, destroy their vessels by fire. 
 
 Proclamations and addresses to the people continued to 
 be issued by the English, explaining their real objects, and 
 warning the inhabitants against the consequences of their 
 intended opposition. Various reports of which the General 
 and the Admiral heard from time to time respecting the 
 public feeling towards them, were contradicted ; some of 
 the.se affording much evidence of the jealousy and the fear 
 with which the English uame was at that time received
 
 amonfr all classes. Statements that the inhabitants would 
 be pressed for the naval service, that some ef them would 
 be sent to Botany Bay, that the slaves and people of coltjur 
 would not continue, under the English, in their former 
 state of subordination, are severally contradicted. After 
 this, an ineffectual attempt was again made by the British 
 officers, to persuade the governor, that his oath to his 
 country was not binding in the altered circumstances of 
 Holland ; — that Holland being now but a province of 
 France, under the rule of the French Convention, it was 
 not to be imagined that his oath bound him to a govern- 
 ment which had been overthrown by military force, or 
 rather to the powers which had so overthrown that govern- 
 ment. The Council declared, however, in an answer dated 
 June 27, that they could not break their obedience to the 
 republic, even though it had been partly overmastered by 
 an enemy, a circum.stance of which they had information 
 neither from the Stadholder nor from their government, 
 but only from those who now claimed possession ; — and 
 that disavowing all sentiments of Jacobini.sm, they would 
 defend the colony equally against any force of the French 
 Convention, as against any others. 
 
 In the course of the further proceedings of the govern- 
 ment, the Resident of the Bay was ordered to cause all means 
 of supply to be removed from Simon's Bay, or destroyed, 
 together with his ammunition, &c, ; he was to spike a 
 Battery on the other side of Simon's Town, which it might 
 be inconvenient to man, and was to remain with a few 
 men at Simon's Town to watch proceedings, placing a small 
 guard on one of the Batteries on the beach, and removing 
 all the rest of the force to the post at Muizenburg, wheie 
 they seemed inclined to contest the passage of the English. 
 The Admiral received notice on June 25, that the day alter 
 would be the last on which he could get any s\ipply of fre.sh 
 jirovisions. 
 
 The English officers naturally placed themselves also in a 
 position of greater hostility. They ordered the ships lying 
 in Simon's Bay, containing property belonging to the Dutch
 
 142 
 
 Ecost India Company, to continue at anchor, — declaring that 
 as it appeared doubtful whether the local authorities were 
 not desirous of suriend(',ring the colony and the property 
 of the company to the French republic, they seized the 
 ships on behalf of the Stadholder. Subsequentl}', on the 
 arrival of an American vessel with dispatches from Holland 
 to the local authorities here, they seized her letters and 
 papers, and sent them, after examination, to the Governor 
 with a letter, explaining that "a ship having arrived from 
 Amsterdam, a port in the possession of His Majesty's 
 enemies, they had seized her papers, and read the desi)atches 
 and letters now forwarded : that they had felt the less 
 delicacy in acquainting themselves with the contents of 
 these, as they had been previously inspected in Holland on 
 the part of the convention :" and that they keep back all 
 the newspapers, knowing that the truth at present may not 
 be published in Holland. The same remarks might be 
 applied to the letters, " Many of them inform you of the 
 planting of the tree of freedom, but none make any mention 
 of the building of the guillotine ; many enlarge on the 
 blessings of their new freedom, but none tell you of the 
 imprisonment of all the public servants and the best men of 
 the country, or of the tremendous contributions which are 
 levied bj the French." They doubted not that their cor- 
 respondents fully felt the miseries of the country, but all 
 their letters were subject to an inspection before leaving 
 Holland, and hence their silence on such matters. 
 
 The particulars of the defensive arrangements made, are 
 scarcely interesting at present. The orders were at first 
 given in case of active hostilities to fire red hot balls from 
 the battery on the beach among the ship])ing. The 
 English having, however, anchored a line of battle ship 
 opposite to this battery, and as it appeared impossible to 
 anticipate anything else than its utter demolition, the guns 
 were spiked, and Muizenburg became the chief outpost of 
 the local troops. In the meanwhile, entire possession of 
 Simon's Town had been taken by the Admiral.
 
 143 
 
 At this part of his narrative the CJovernor first iutro- 
 duces the proceedings of the burghers of Swellendam and 
 Graaff-Rfinet. It had become necessary to afply to them 
 for aid in the defence of the colony, but only seventy men 
 from Swellendam, and none from Graatf-Reinet made their 
 appearance. The narrative states that from the beginning 
 of the year, the burghers of Graaff-Reinet had shown a very 
 turbulent disposition, and had even compelled the departure 
 of the landdrost Maynier and of some of the heemraden 
 and officers of the burgher force : — further, that the Cape 
 Town authorities had sent one of the members of Council, 
 Mr. De Wet, accompanied by a military ofticer named Von 
 Hugel, and a civilian named Truter, to remonstrate with 
 them, but that tho.se gentlemen had on the 1-ith June been 
 compelled by force to return to town, where thoy arrived 
 on the 5th July, without having accomplished anything. 
 In like manner the landdrost of Swellendam, Mr. Faure, 
 with some of his officers, had been dispossessed of their 
 oflices, and a burgher named Hermnnus Steyn, not at all 
 in the service of the company, had been appointed by the 
 people as landdrost. while one Petrus Delport, who had 
 assumed the title of National Commandant, and another 
 named Louis Almeiro du Pi.sanie seemed to exerci.se the 
 chief authority there. The news of all these proceedings 
 had reached town just as the English fleet arrived in 
 Simon's Bay: whereupon the Burgher Senate of Cape Town 
 addressed the Council entreating them to invite the Swel- 
 lendam burghers to come to the defence of the colon}-, 
 under promise of an amnesty for their ofTence.s, and of an 
 inquiry into iheir grievances. 
 
 To this an answer was received on the 1 Oth July, 
 signed by Steyn and others, on behalf of the " National 
 Assembly" : — forwarding a letter which a large number of 
 burghers of Swellendam had caused to be addressed to the 
 A.sscmbly, and which had been laid on the table at their 
 meeting on the Kith July, 170'). To this was added a list 
 of the demands of the general body of burghers.
 
 The following is the purport of the letter : — 
 
 To the National Landdrost and Heemraden of Swellendam :— 
 
 " We, the undersigned, National Burghers have the honor to 
 forward to you a letter from which you may see what our wishes arc, 
 with the request that you will forward the same to the Honorable 
 Commissary (the Governor.) 
 
 In the first place, — 
 
 "We are extremely surprised that the Honourable Commissary 
 does not respect the resolution of the National Convention, as he is 
 •well aware who acts here as Landdrost of the colony of Swellendam, 
 — yet the letters are still addressed to the titulary merchant (koop- 
 man titulair) Anthony Alexander Faure. They proceed in the 2nd 
 place to declare, that they are resolved never to tolerate that the said 
 Monsieur Faure, and. some others of tho government officers at 
 Swe'.lendam whom they name, ' who have been removed by us,' shall 
 hold any office at all in this country, as they were aware of their 
 faults, and had proved them, article by article, in the presence of a 
 Wge number of officers and burghers : — in the 3rd place, ' that all 
 letters be henceforth addressed to the Landdrost Steyn, in token that 
 their appointment has been confirmed.' With reference to the offer 
 made at the desire of the Burgher Senate, they hesitate to accept the 
 amnesty in the manner it is ofTured lest it should involve an acknow- 
 ledgment of sedition on their part. In the fifth article they desire 
 that if the officero whom they have appointed bo found unfit for their 
 duties, others of their own choice shall be appointed ; as they had 
 too long borne tho yoke of slavery, and they had resolved to give their 
 last drop of blood for their country and their liberties, and to form 
 themselves under a free republic. They aver that they are not un- 
 •wiUing, but perfectly ready to come to town, so soon as they learn 
 the governor's sentiments respecting these demands, and thoy ask 
 him for a standard with the words ' vivat de vrylieid.' " 
 
 The document concludes with a declaration that if no 
 favorable answer is received, they will be obliged to adopt 
 means to gain their objects, alike unsatisfactory to them- 
 selves and to the governor. 
 
 Some of the articles which the general body of burghers 
 attached to their claims, strike at the root of the system 
 of the East India Company. 
 
 They claim freedom from all toll and custom, and that 
 they should have a perfect right to sell their produce to
 
 145 
 
 whomever they choose. " That commerce shall be perfectly 
 free ; — that all that commerce introduces into the country 
 shall be freely landed, and all that the country produces 
 shall be freely exported." Another article urges that as 
 they must themselves protect their farms from the natives, 
 they should not be ro([uired to pay any acknowledgment for 
 their tenure to their Government, — and they decline there- 
 fore to pay any arrear of quitrent. They demand also 
 that the pa^er money be abolished, as through the ignorance 
 of many people who can neither write nor read, it is the 
 cause of much mischief: and they take the opportunity of 
 blaming the Government for having sent no schoolmasters 
 among them, to provide against such an evil. With some 
 minor articles affecting chiefly the power of landdrosts in 
 levying the taxes, fcc, follow those respecting slavery, to 
 which we have elsewhere alluded. They claim, " that any 
 Bushman or Hottentot, whether taken in commando or by 
 private individuals, whether heretofore or hereafter, shall 
 remain for his lifetime the lawful property of the burgher 
 with whom he is resident, and shall serve him from genera- 
 tion to generation, and in case of his desertion that the 
 owner shall be entitled to retake him, and punish him after 
 his deserts." And, further, " that the Hottentots brought 
 up, and now serving with the Christians, shall remain in 
 their service until their 25th year, and shall serve no other, 
 without the consent of their master." 
 
 These demands Sluysken naturally conceived to be beyond 
 his authority. He sent therefore a member of the liurgher 
 Senate, with tv/o Burgher officers, to induce them to leave 
 their complaints alone for the prest^nt, and to let everything 
 remain until the departure of the English. Meanwhile, all 
 his exertions were devoted to cutting ofT supplies from 
 Simon's Town, and to watching the movements of his 
 opponents, strengthening his defences at Muizonburg. SiC 
 The English officers, whether because they were unwilling 
 to incur the responsibility of any otrensive proceedings, 
 without further intelli^rencc from home, or whether waiting 
 for reinforcements, remained at anchor in False Bay, and 
 
 L
 
 14G 
 
 in possession of Simon's Town, and the batteries on the 
 beaches. 
 
 On the 7th August, however, some active operations 
 appear to have taken place, as the Enghsh drove away the 
 small detachment stationed at Kalk Bay, who, fired some 
 red hot balls at the ships and then fled. A couple of the 
 ships were there anchored in what must have been a very 
 dangerous position, so as to command the Muizenburg 
 encampment. An attack on the encampment under cover 
 of their fire, ended in the flight of the garrison under 
 Colonel de Lille ; the English pursuing them until repulsed 
 by a party of Hottentots under a Capt. Cloete. In this 
 afiair «ome loss was sustained on both sides. 
 
 After this, the local troops took up their position at 
 Wynberg, and a post under the Steenberg. But the loss of 
 Muizenburg proved a tremendous discouragement to all 
 parties, and in particular to the troops. Insubordination 
 among the mixed troops which formed the small array was 
 rapidly spreading. The Governor found, on his arrival in 
 the Camp, that Colonel de Lille had been placed under 
 arrest by the Burgher officers under his command, who 
 insisted that his precipitancy, or his cowardice, or treachery, 
 had been the cause of the Muizenburg flight ; and such was 
 the feeling, as well in Cape Town as in Camp, that the 
 Governor was obliged to cause De Lille to be conveyed to 
 the Castle. As if to add to the confusion and difficulty of 
 the time, there arrived also " the Last Resolution of the 
 Nationals," signed by Pisanie, the Commandant, and issued 
 at RoodeSand (now Tulbagh), 10th Aug., 1795, containing 
 a demand of an answer to their former despatches within 
 twenty-four hours. 
 
 The governor can scarcely fail to have felt much dis- 
 couragement, but we find him oftoiiug areward of 1 000 Rds. 
 for Pisanie, dead or alive, and on the evening of the 11th 
 August, he addresses the Council of War, in the Town 
 House, entreating that there might be union among them, 
 and encouraging them to hope for success to their common 
 opposition to the invaders of their country. 
 
 I
 
 147 
 
 On the 1 2th August, a letter from General Craig informs 
 the Governor of the arrival of a part of his expected supplies 
 and provisions, and that an additional number of 3000 
 men, would soon arrive. The governor is warned that the 
 consequences of further obstinacy might be the utter 
 destruction of the country, and he is assured of the un- 
 willingness of the English to do more injury than was 
 strictly needful in the execution of the duty before them. 
 
 On the receipt of this, the Governor and Council con- 
 sulted with the Burgher Senate and the citizens, from whom 
 they received the expression of the public wish, that the 
 defence should proceed, even under the present disadvan- 
 tageous circumstances. This answer is communicated to the 
 English officers by a letter from the Council The Sth of 
 September following. General Clarke arrived in Simon's 
 Bay, with a further body of troops, and on the day after 
 an opportunity of capitulation was again offered to the 
 authorities. They are assured again of the unwillingness 
 of the representatives of His Britannic Majesty, to under- 
 take any offensive operations against them, and of the 
 satisfaction these officers would feel in reporting to their 
 government, that the Cape had peacefully accepted the 
 protection offered to it, and lastly are informed that the 
 present force of the English is such as to render all opposi- 
 tion utterly vain. Hoping against hope, Sluysken still 
 determined on resistance* ; or perhaps on the chance that 
 the English would really not take actual possession of the 
 colony. The enemy had reached Newlands on the way to 
 Cape Town, with a force of some iOOO men, before the 
 governor gave way ; and then at a meeting of the Council, 
 it was resolved, with but one dissentient voice, that Mr. 
 le Sueur and Mr. van Ryneveld should be sent to ask a 
 truce of is hours. One of 21- hours was granted, and on 
 
 * The whole of the local forces at any time of the defence, appears 
 to have been about ooO of the line, UMi artillery, l-tS Hottentots, and 
 at the most about lOt'O burghers of all arms, of wh(im. owing to in- 
 subordination, and probably tiieir diasatisfactiou with the goveruuiout 
 scarcely half were latterly iu active service. 
 
 l2
 
 148 
 
 thfi 15th September, 1795, the first capitulation to the 
 Briti.sli was made. 
 
 By the terms of this capitulation the English forces were 
 admitted into the forts, &c., and the officers of the Dutch 
 East India Company were permitted to leave the Cape with 
 their personal property : — All the property of the East 
 India Company was given over to the English, and all 
 existing rights and privileges, political or religious, were 
 assured to the burghers : — the captors engaged to impose no 
 new taxes, but to modify the existing burdens of the 
 country as much as possible : and that none of the 
 Company's servants or the citizens should be pressed into 
 the English service. With respect to the paper money then in 
 existence it was further agreed, that all the property of the 
 Company taken over by the British should be considered as 
 bound in security for the paper money in circulation, and 
 that the important interests involved in the state of the 
 currency here should be represented to His Britanic Majesty's 
 Government. 
 
 Before the capitulation, however, some of Admiral 
 Elphinstone's ships had been sent round to Table Bay, and 
 having been fired upon from Camp's Bay, returned a shot 
 which killed an artilleyman there. 
 
 We have again to allude to the situation of the country 
 burghers before we close. It is scarcely possible that we 
 can take Sluysken's statement as correct, in which he says 
 that those who assumed the title of the national burghers 
 were but few in number. Their claims were certainly not 
 of a merely personal nature, but of a kind in which it can 
 readily be imagined that the whole class of country pro- 
 ducers would join. It was an opposition to the compara- 
 tively foreign rule of the East India Company, and a claim 
 for self-government. Pisanie, who shortly before the capi- 
 tulation had been captured and imprisoned, he describes as 
 a turbulent Italian, disturbing the peaceable burghers, 
 and wishing to make slaves forever of the free Bushmen 
 Hottentots, and for twenty -five years of the children of the 
 Hottentots serving them. He attributes the insubordina- 
 
 I
 
 149 
 
 tion of the Hottentot force also to their fear lest Pisauie 
 and his followers should iu their absence ill use their wives 
 and children ; — and he says that Pisanie's turbulent schemes 
 were feared even by his colleagues, who accordingly aided 
 in his capture. 
 
 Then, at all events, there were amongst his colleagues 
 those who without acting turbulently, thought their claims 
 just, as some of these claims doubtless were. It would 
 appear that the Government had caused a disarmament of 
 the burghers, lest these arms should be used in rebellion. 
 Of course, this act rendered them powerless against the 
 natives, — the Kafirs. This appears from some demands of 
 the Graaff-Reinet burghers, containing also a few general 
 charges of tyranny against their Landdrost. One of these 
 demands shows the contrariety of interest between the Com- 
 pany and the inhabitants to have been the chief cause of dis- 
 satisfaction. They saj'', that the member of Council, Do 
 Wet, who had been sent to them by the Governor, cannot 
 have their confidence as a supporter of the freedom of the 
 country, inasmuch as always being a petitioner to the 
 Con)pany for higher promotion, he has helped to add to the 
 burdens of the country ; and even when here, on the late 
 commission, he did not choose to visit their poverty-stricken 
 domiciles, their wasted lands, and their burned houses, but 
 that he took more trouble to shew all kindnpss to Hottentots, 
 Caffers, and the like, than to raise up the fallen and injured 
 citizens, t Further, that "they will not render obedience to 
 any more orders of the Honourable Company, much less 
 pay any customs, stamps, -iOth {)enuy, or recognition money 
 (quit-rent) to the Honourable Company : for this reason, 
 that the country has been defended for 20 to 28 years 
 solely at burgher cost, during a state of constant war, and 
 they cannot imagine it just that they should render tribute 
 
 t Of course, snch cliargcs will excite varied emotions in tlio 
 dilYcrontly coustituted niiudy, aud iu j)crKons dilTcrcntl}- prejudiced. 
 It would appear evident, that the disarming of the burgucrd had a 
 double origin : — in the humanity of the Company's ofliccra towards 
 the natives, and in their anxiety respecting their own rule.
 
 150 
 
 for the occupation of lands, which tliey have themselves 
 during that time to protect from the enemy. 
 
 The other grounds of the intended separation were, what 
 the Swellendam men also complained of — the paper money 
 and the restrictions on commerce. 
 
 At the same time came a letter from the deposed Land- 
 drost Faure, written at Rotterdam, near Swellendam, 1 7th 
 September, from which it was evident that matters were 
 there in no better position. With such a state of the 
 colony ended the regime of the Netherland East India 
 Company, — their last Governor leaving our shores on the 
 12th November, 1795. 
 
 We have but one extract more to make from the 
 Governor's Journal. An object in which he congratulates 
 himself on having been successful, was that by detaining 
 the British here during so many months, he saved Java 
 from a similar offer of their protection. His delay, he 
 says, for nearly -i months, had put off the possibility of 
 their reaching Batavia otherwise than in the time of the 
 adverse monsoon, at the same time that they would not 
 under present circumstances feel justified in taking away 
 many troops from the Cape; — a matter respecting which, 
 liad he yielded at once, they would have been comparatively 
 careless. 
 
 NOTES ON THE ROMAN LAW IN THIS COLONY. 
 
 Ignorance of the law excuses none. A citizen or subject 
 is guilty of an unpardonable offence, if, not knowing, he 
 disregards a duly promulgated enactment. The imperial 
 constitution which Caligula exalted to such a lieight that 
 Lord Ro.sse's telescope would have been required to decipher 
 its contents, is indeed stated by legal sages to have been 
 disentitled to this obedience ; but the camels' loads of 
 senahts consulta and edicts, decrees and rescripts, praetorian 
 regulations and responses of jurisconsults, which Justinian 
 entrusted to Tiibonian and Dorotheus for filtration and
 
 151 
 
 reproduction, were equally the portion of the Clvia 
 Romanus as his immunity from stripes. The thousand 
 and one volumes of reports in the English courts, in which 
 diametrically opposite rules of law are laid down as the 
 result of the wisdom of different tribunals, — combined with 
 the statutes from Magna Charta (that bulwark of English 
 liberty, read by one Englishman in a thousand^ to the late 
 Divorce Act, — are presumed to be familiar as household 
 words to Lord Palmerston's modern Civcs Roinani. The 
 " Code Napoleon," with its multitudinous commentaries — 
 which compelled those who admired codification, when the 
 great work was completed, to despair of the attainment of 
 legal simplicity, seeing that conflicting volumes have been 
 written on section after section intended to be plain — is the 
 birthright of, and must be taken to be thoroughly under- 
 stood by, every Frenchman as soon as he has emerged from 
 infancy. 
 
 The theory is undoubtedly correct. Our ancestoi-s in 
 this colony, during its happy subjection to the Netherlands 
 East India Company, were bound to conform to all that 
 Van der Stell published, by affixture to the doors of the 
 Court of Policy, or of the Landdrost's oftice, though they 
 were hundreds of miles distant, and the printing press was 
 yet unknown. At present the vagrant Hottentot and the 
 equally vagrant Karoo boer ; the Settler of 1820, who, far 
 away from Englaml, clamours for P]nglish law, little aware 
 of the confusion into which the intricacies of the surviving 
 remnants of feudal tenures would plunge the titles of his 
 newly-acquired lands; and the staid farmer of (Iraaff-Rci net 
 or the Nieuwe\-eld, who believes that community of 
 property, filial and legitimate portions, and interest at six 
 per cent., are to be discovered somewhere — the exact place 
 not indicated — in an unknown book of Moses, as precepts 
 inviolate for the governance of the cho.sen people, are held 
 as well acquainted with the law of the colony as the jmlgcs 
 of the Supreme Court. Better indeed : for it is at their 
 peril that they take a wrong view of the law, and thereby 
 injure their neighbours, while the judges arc privileged to
 
 152 
 
 err, and to have their error rectified by the Judicial 
 Committee of the Privy Council, at no peril, and at no 
 cost, — or rather at the cost of the unhappy suitor, who had 
 enjoyed a short-lived triumph on the strength of their 
 opinion. 
 
 The following pages, therefore, will disclose nothing new. 
 In accordance with the principle of the English courts of 
 equity, whatever ought to have been done is held to have 
 been done, — whatever ought in theory to be known to all, 
 is the intellectual property of every individual. It is for 
 the benefit of the few, who, forming the exception, prove 
 the universal rule, that a sketch of the nature of the laws 
 which we are bound to obey in this colony is offered. 
 
 In some shape, every corner of the civilized globe feels 
 the enduring influence of the Eternal City. Ages have, 
 indeed, passed away since the vast empire of the Roman 
 arms was laid low in the dust ; it may be that from the 
 date of the rude shock of the Reformation, the Roman 
 Church has ceased forever to hold despotic sway over the 
 faith and reason of mankind, though the resumption of 
 much lost dominion has marked the present era. But the 
 Roman law, which existed in its most valuable portions 
 before the glories of the empire, or the pretensions of the 
 church, still survives with undiminished authorit}^ — the 
 foundation of the jurisprudence of all the nations of the 
 earth which are not sunk in barbarism. 
 
 The jurists of the states of Continental Europe have 
 ever acknowledged their obligations to this inexhaustible 
 mass of legal principle and precept ; but the truth was 
 abhorrent to the narrow spirit of English lawyers, who 
 rejecting with scorn the authority of foreign churchmen, 
 forgot that what Lanfranc taught in Gaul in the eleventh, 
 and Vacarius, at Oxford, in the twelfth century, was but an 
 expansion cf the principles that governed the judgment- 
 seat when Britain was a Roman colony ; and with con- 
 sislent prejudice, until our own day, have they refused to 
 confess the merits of a system, whose maxims and rules 
 had been for centuiies grafted upon the private law of the 
 
 ll
 
 153 
 
 land. For years upon years the compilations of Justinian, 
 ■which contained time-honored precepts in the very words of 
 Papinian, Paulus, and Ulpian, whose presence among the 
 great men who adorned the Roman courts of justice in 
 Britain, for the three hundred yeais which elapsed between 
 Claudius and Honorius, gave existence to much of the 
 most valuable portions of the common law, — were cited in 
 Westminster Hall, without a reference to their origin, as 
 part of a law of the land, which was imagined to flourish 
 by heavenly dispensation, unplanted and unwatered, within 
 the four seas, the exclusive property of Englishmen. 
 
 Of late, however, the reproach has in some degree 
 ceased, A praisworthy candor has marked the course of 
 English lawyers on this subject. The essential importance 
 of the study of the civil law, in order to comprehend much 
 of the English law, which could otherwise not be traced to 
 its sources, is admitted, and it no longer needs unwonted 
 courage, as in the days of Sir William Jones, to make the 
 acknowledgment of the debt due by English jurisprudence 
 to the intellect of Rome. 
 
 The true distinction is that, in England, palpable as is 
 the influence which the civil law has had, its authority is 
 not direct, as in other European states. " What is good 
 sense in one age must be good sense, all circumstances 
 remaining, in another ; and pure, unsophisticated reason is 
 the same in Italy and in England, in the mind of a 
 Papinian and of a Blackstone ;" — and therefore, says the 
 eminent orientalist and jurist who has just been cited as 
 one of the most strenuous battlers against the strong pre- 
 judice of his day, " in questions of rational law we should 
 shorten our own labor, by reference to the wisdom of 
 ancient jurists, many of whom were the most ingenious and 
 sagacious of men." A late very learned Chief Justice, one 
 of the most profound lawyers who ever adorned the English 
 bench, in delivering an elaborate judgment on an intricate 
 question, for which no precedent could be found in the 
 English books, rested the decision of the court entirely on 
 the response of one of the jurists of the third century,
 
 151- 
 
 preserved in the Pandects, with these remarks on the 
 respect due to them, although he could not admit their 
 authority in a legal sense : — 
 
 The Roman law forms no rule binding in itself on the subjects of 
 these realms ; but, in deciding a case upon principle, where no direct 
 authority can be cited from our books, it affords no small evidence of 
 the soundness of the conclusion at which wo have ari-ivcd, if it prove 
 to be supi)ortcd by that law, — the fruit of the researches of the most 
 learned men, the collective wisdom of ages, and the groundwork of the 
 municipal laws of most of the countries of Europe. The authority of 
 one, at least, of the learned Roman lawyers, appears decisive on the 
 point, in favor of the defendants : of some others, the opinion is 
 expressed with more obscurity. 
 
 And, in accordance with this opinion, a question of grave 
 importance and novelty in English law was decided 
 regarding the draining away of water flowing in a sub- 
 terraneous course by mining operations. 
 
 But the process which gave the " written law," as it was 
 exclusively termed, direct influence in some countries, and 
 indirect, though almost equally powerful influence in others, 
 was nearly the same in all. When it is asserted that this 
 law is the groundwork of the laws of civilized Europe, it is 
 not thereby understood that in modern Germany, in the 
 Netherlands, in France, where, since the revival of letters, 
 the study was diligently prosecuted for the purpose of 
 practical ajiplication in the administration of justice, — legis- 
 lative enactment had constituted the civil law to be the 
 law of the land, and thus ensured its supremacy. Its 
 triumph was secured by its excellence. In the continental 
 lands, which had been subject to the imperial dominion, as 
 in England, its principles and rules had never been entirely 
 lost, amid the barbarism and confusion which followed the 
 fall of the Western Empire. Its doctrines continued to 
 afford light on the questions between man and man, in the 
 new societies which emerged from the ruins of the Roman 
 government, and which at length shaped themselves into 
 the national communities of modern Europe. 
 
 When these communities, advancing in civilization,
 
 155 
 
 advanced also in respect for property, and for law, by 
 which property is secured, those to whom the administrn- 
 tion oi justice was confided, found in the Pandects a ready 
 solution of difRcult questions (as did Sir N. Tindal, in the 
 case to which reference has been made), new indeed to 
 them, but settled in an earlier state of conipliciited society 
 by the expounders of Roman judicial science. 
 
 At length, wherever the ancient usages of the particular 
 nation did not establish a clear lule of decision, and special 
 laws applicable to the subject of inquiry did not exist, the 
 authority of the Roman law, as a complete system, sup- 
 plying the deficiency of the national law, was admitted, 
 in siihsidium, by the judicial tribunals. 
 
 The frequency of these appeals to the Corpus Juris, 
 rendered unavoidable by the varied transactions of reviving 
 commerce and social advancement, soon caused the subsi- 
 diary system to occupy a prominent place ; and thus, in 
 most of the countries of Euroi)e, the unrivalled reasoning 
 and philosophical exposition of the imperial juris consults 
 became, in truth, the foundation whereon the structure of 
 modern jurisprudence is erected. In some countrie.'^, indeed, 
 the doctrines of the Roman lawyers have left a deeper 
 impress than in others. The effects are more directly 
 traceable in France and the Netherlands than in England ; 
 but no state attained any national development, after the 
 middle ages, in the municipal law of which these doctrines 
 did not become inwoven. 
 
 But more particular notice is required of the position of 
 the Roman law in the Dutch courts, from which we have 
 received it into this colony. In the olden time, the 
 legislative and judicial functions were not so completely 
 distinct as at the present day. The judge.s according to 
 Grotius (writing in 1020), were enjoined, by their oaths, 
 to act according to the dictates of their own con.sciences and 
 judgment, when the customs of the land or special ordi- 
 nances failed. Anil, to use the words of the illustrious 
 author, "As the Roman laws, those especially which were 
 collected in the reign of the Emperor Justinian, were
 
 156 
 
 found by the learned to be replete with wisdom and 
 justice, they were received at first as models of wisdom 
 and justice ; and in process of time, through custom, were 
 accepted as laws." This recognition of their value in 
 the courts, took place at as remote a period as the 
 thirteenth century, shortly after the modern civilization of 
 Holland began. Afterwards, under the Burgundian princes, 
 the imperial compilations were, by tiie sanction of the 
 sovereigns, adopted as the common law, save only when 
 they were in opposition to the constitution of the state, and 
 the ancient customs. When the criminal ordinances of 
 Philip II were promulgated in 1570, the judges were 
 bidden to proceed, according to their own views of equity, 
 only on failure of the edicts of the sovereign, the statutes, 
 placaats, and ordinances, and of "the civil law," On the 
 cessation of the dominion of the Counts — for the Emperor 
 Charles V and King Philip II possessed no higher title in 
 the Netherlands, a fact not sufficiently borne in mind when 
 the sturdy Dutchmen of the sixteenth century, who in 
 truth expelled a foreign soldiery from their country, are 
 charged with " rebellion " against Spanish " sovereignty " — 
 after the triumphant establishment of the Republic of the 
 United Provinces, the like authority of the Roman juris- 
 prudence was retained. And finally in 1735, a clear ex- 
 pression of the actual position of the civil law, in relation 
 to the national laws and customs, was given in the reso- 
 lution of the States, "That the (Supreme) Court of Holland, 
 and all other tribunals in Holland and West Friesland must 
 " do right " according to the laws and placaats of the land, 
 and likewise according to the charters and well-established 
 customs and usages ; and, on failure of these, according to 
 the written (i.e-, Roman) law." 
 
 The laborious erudition for which the Dutch are noted 
 enables us to understand, with reasonable exactness, the 
 proportions borne in the sj^stem of jurisprudence in force in 
 Holland until 1809 (when the French code was first intro- 
 duced), by their own national laws and customs, and by 
 the doctrines adopted from the collection of Justinian. It
 
 157 
 
 is .sufficient to observe here that questions of constitutional 
 right and liberty, of community of property as an effect of 
 marriage, of intestate succession, succession by anti-nuptial 
 contract and others, are generally referable to the ancient 
 Batavian customs ; while rights of dominion, servitude and 
 pledge, contracts, testaments, fidei-commissary succession, 
 and the like, are usually to be explained by the Roman 
 law, whence the rules on these subjects have been derived. 
 Naturally, in very many matters, the Roman laws and the 
 laws specially applicable to Holland became intermixed. 
 The general combination is known by the name of the 
 Roman-Dutch law. 
 
 When, in 1652, this colony became a colonial possession 
 of the Dutch East India Company, the law of Holland 
 became the colonial law, except where modified by local 
 ordinances; and by the "Statutes of India," which, in as 
 far as they were applicable, were of force in the subordinate 
 government. As thc-e were framed, however, for purely 
 local purposes, general legal principle was sought only where, 
 for centuries, Europe had found it, in the Roman law, — 
 this being modified only by the special enactment of the 
 mother country. Such was the state of the law on the 
 cession of the colony to England in 1815, and it is the 
 state of the law now. Vast improvements have taken 
 place, especially in the mode of trial, both in criminal 
 and civil courts, — great reforms have been effected 
 by imperial and local legislation ; but the common 
 law of the country remains, as before, that of Rome, as 
 adopted in the Netherlands. For this no statesman or 
 lawyer, who has given serious thought to the sul)ject, would 
 substitute what is vaguely called English law for an 
 English colony — although special legal reforms, introduced 
 in England, have been, and will continue to be, profitably 
 incorporated with the law as here administered. A discus- 
 sion on this topic is scarcely within the scope of the present 
 article, which was intended merely to show those who have 
 struggled through its dry details, how even in this remote 
 nook of earth, we have come to bend before the majesty
 
 158 
 
 of imperial Rome. Chancellor Kent observes that "the 
 Roman law is now taught and observed not only in France, 
 Spain, Germany, Holland, and Scotland, but on the banks 
 of the Mississipi, and has been carried by the Dutch into 
 their Asiatic possessions." It is indeed a most marvelous 
 example of the power of well-trained intellect, that the 
 precepts framed for the concerns of a state which was in its 
 decay fifteen hundred years ago, should so strongly in- 
 fluence, by virtue of their mere excellence, the civilization 
 of the present day. But it is a still more wonderful 
 result that social order and justice between man and 
 man are maintained in unknown countries under govern- 
 ments whose names are strange to civilized ears, in Orange 
 River Free States and South Afiican Republics, by obedience 
 to decisions by Paulus, before the Saxons set foot in 
 Britain, and to responses of Mucius Scsevola or Sulpicius 
 to a Roman Msevius or Titius, when Christ was yet un- 
 born. 
 
 COMMUNITY OF PROPERTY AT THE CAPE OF 
 GOOD HOPE. 
 
 Probably the words addressed by the intended husband 
 to his bride in the marriage service of the Church of Eng- 
 land, and which in one view is the law of England, — " with 
 all my wordly goods I thee endow," — originally had a 
 meaning, which may be traceable to some long-forgotten 
 custom, though now no tradition of such a custom exists. 
 At present, however, in England, in all cases where the 
 wife's property is not protected from the grasp of her lord, 
 by the cumbrous machinery of a settlement cautiously pre- 
 pared to defeat the injustice of the actual law, she indeed 
 endows him with all her " worldly goods," with all her 
 personal property absolutely, with her real estate* during 
 the subsistence of the marriage ; he seizes all her wealth, 
 in virtue of the rapacious rights with which, as hu.sband,
 
 159 
 
 he is clothed, endows her with nothing whatever, and dying 
 without a testamentary devise, by the operation of the 
 law, where her property has been personal, leaves her 
 penniless. Her all has passed away, legally and irrevocably, 
 possibly, to some stranger, the representative of him who, 
 at the altar, had repeated after the prie-t, " with all my 
 wordly goods I thee endow." Whether or not this solemn 
 asseveration, as some learned writers have assumed, affords 
 evidence of the influence of Teutonic customs, and of the 
 prevalence at some remote period of the German principle 
 of community of property, need not be here discussed. 
 But while we know that by the law of England, as ex- 
 plained by its acknowledged sages, " marriage is an absolute 
 gift to the husband of the goods, personal chattels, and 
 effects, of which the wife was actually and beneficially 
 possessed at the time of marriage in her own right, and of 
 such other goods and chattels as come to her during the 
 marriage," the retention of the words in question appears to 
 be not a mockery, only because habit has blunted their 
 meaning, and no man uttering, or woman hearing, them 
 attaches the slightest credence to the assertion. If the 
 phrase is still supposed to have any signification, it would 
 be difficult to find a more complete ill ustrdtion of the saying 
 generally attributed to Tiiileyrand, but used by very many 
 before him, and thus versified by Young — 
 
 " Here nature's end of language is declined, 
 And men talk only to conceal their mind ;" 
 
 nothing being further from the bridegroom's intention, 
 under the English law, than the p.-rformance of this portion 
 of the sacred compact. 
 
 Of late years, great efforts have been made to extend 
 protection over the property of nuvrried women, as well as 
 to improve their position in other respects. The earnest 
 
 * The fact that the real cslato does not become tho husband's 
 absolutely, is duo not to any rcfjard for the wife's protoctit^n, but to 
 the respect bhowu to that species of property by the feudal principles 
 of the law.
 
 160 
 
 attention of some of the most eminent of living statesmen 
 and lawyers has oeen directed to the attainment of this 
 object. Endeavours have been in progress to mitigate the 
 glaring injustice of legal rules to a greater extent than has 
 been possible by the growth of the system of equity, which, 
 diametrically opposed to the law, has indeed, by ingeniously 
 defeating its severity through many devices, placed the 
 wealthy in a comparatively favourable position, but has 
 done little for the poor. Although some justice was efiected 
 by its means, while, to the discredit of jurisprudence in a 
 civilized country, the anomaly of two sets of courts, guided 
 by totally different principles, was created, — the large mass 
 of the people, unable to pay for the security which courts of 
 equity afford, has continued in most respects subject to the 
 law in all its hardship. And if the efforts of the reformers 
 have been to some degree successful, — for among other 
 alterations in the course of the last year (1857), the law was 
 amended, to the effect that a wife deserted by her husband 
 is now allowed to retain her own earnings, instead of being, 
 in accordance with law, liable to be plundered of them by 
 the profligate owner of her industry, — the general position 
 of husband and wife, as to property, has not yet been 
 changed. An utter destruction of the most indefensible 
 system, if it has existed for many years, is necessarily 
 accompanied by much difficulty. 
 
 In the opinion, however, of men most competent to give 
 an opinion on such subjects, a change is imperatively needed, 
 and community or complete separation must supersede the 
 present assignment of all property to the husband in Eng- 
 land. Thb Law Amendment Society, of which Lord 
 Brougham was president, in 1 8 5 G published a report, written 
 by Sir Erskine Perry, in which, after the gross hardships of 
 the present state of the law are exposed, the question is 
 discussed, to which of the two reforms just named the pre- 
 sent system ought to give place. The conclusion is in favour 
 of the separation of the property of the spouses, according 
 to the pure Roman law, in preference to the Teutonic 
 community. This preference is not so much on account of
 
 161 
 
 the greater wisdom or justice of the former principle, but 
 because it was doubtful whether it would be practicable to 
 introduce the system of community into England. It is 
 remarked with truth in the report, that in the countries 
 where community prevails, much greater equality of fortune 
 exists between men and women than in England ; and the 
 writer adds, that a bill which should propose to an English 
 House of Commons to give to a wife a half share in her 
 husband's personal property would probably have very little 
 chance of becoming an act of Parliament. Some other 
 inconveniences specially applicable to England are noticed, 
 but the superiority in principle, and preference wherever 
 applicable, of the doctrine of community, appears to be 
 admitted. In Sir E. Perry's words, "The community 
 of goods between man and wife, the administration being 
 left in the hands of the husband, with equal rights of 
 succession to the survivor, is deemed by many to agree more 
 with the ideal of a happy marriage than any other that can 
 be devised. We may probably assume that, in the greater 
 number of marriages, there is only one interest in common, 
 and that law would appear to be the wisest which should 
 be in accordance with such a state of things." " In France, 
 where the two principles come into competition, the tendency 
 of society is unquestionably in favour of the community 
 of goods." From these remarks it is plain that only the 
 practicability of the introduction of community into England 
 is doubted ; the wisdom of the principle is conceded. 
 
 The result of the in([uiry is, as has been above stated, 
 that separation of property is recommended in the report, as 
 being free from some of the practical objections which would 
 attach in England to the application of the doctrine of 
 community, and as having the advantage of being already 
 recognized by the English courts of equity, "so that if it 
 were laid down by the legislature, as the law of the land, 
 that a married woman who had married witliout a sottle- 
 ment, should retain and possess property as if she were a 
 single woman, on every difficulty or disputed point that 
 might arise, a satisfactory solution will be found in the 
 
 M
 
 102 
 
 cour.se adopted by c([uity." Both community and separation 
 of goods are in any case preferred to the English doctrine of 
 marital a{)])ropriatioii. 
 
 While the tendency of the law reformers in England is 
 decidedly to repudiate the common law doctrine regarding 
 the property of husband and wife, and refuge is sought in 
 the more equitable principles adopted by other nations, some 
 men here are earnest to secure what is, in England, felt as 
 a serious grievance. It is admitted nlmost universally to be 
 most just that when man and woman become united by 
 marriage, the interest of each merging into a common 
 interest, — each aiding the other in a manner not to be 
 arithmetically calculated in the acquisition of the property 
 which shall conduce to the comfort of their age, and after- 
 wards devolve on the offspring of the union, — the doctrine 
 of community should be adopted as that of the law, wherever 
 practicable ; and yet this same doctrine, which is engrafted 
 in our colonial society and cherished by the large mass of 
 the inhabitants at once as a right and a blessing, is decried 
 by persons who have seen that it occasionally works hard- 
 ships, as a grave evil requiring instant remedy, — a doctrine 
 legalising the plunder of the industrious in their old age, 
 redolent of barbarism, and wholly unsuited to the require- 
 ments of civilized society. Hopes are from time to time 
 expressed by a section of the people, and the legislature is 
 occasionally invoked to bring us to that delectable state 
 from which the law reformers in England are struggling to 
 be freed. This is not done in precise terms. The claim is 
 in the form of a revision of the law of inheritance, but the 
 change to be effected is the destruction of the partition 
 which in general results on the dissolution of marriage by 
 death. Women never complain of the operation of the law. 
 Do men complain because, while the colonial law, by virtue 
 of the marital rights, allows enormous power to husbands, 
 women possess some protection by means of the community ? 
 Is the law reprehended because, more just than individuals, 
 it does not in all cases permit the male sex, when desirous 
 of possessing property, to retain that which is not their 
 
 It.> 

 
 100 
 
 own? Complaint is never heard when the liusban'l lias 
 acquired wealth through his wife ; the injustice is intolera- 
 hle when the wife has acquired anything by law through 
 her husband. 
 
 Community, it must be borne in mind, when unsuited to 
 the circumstances of those about to be married, is not 
 obligatory. Individuals may create such division of property 
 as they prefer, for themselves. Only when the future 
 spouses have not determined for themselves a rule difft-ring 
 from that which ordinarily prevails, a ])rinciple which will in 
 general operate justly in favour of husband and wife, and 
 which is not for the benefit of one of these persons only, 
 should be fixed by the law and govern their property. Such 
 a principle exists in the commimity of the Dutch and con- 
 tinental jurisprudence, but would be in vain sought in the 
 approjniation system of Enj^land. 
 
 The accepted definition of marriage, in its effect od prop- 
 erty by Enclish law, has been above given. A brief otate- 
 ment of the effect of marriage on property in this colony 
 may be welcome to those as well who approve as to those 
 who condemn the present provisions. 
 
 Marriage at the Cape of Good Hope, wher-e the future 
 spouses have not declared otherwise by antenuptial contract, 
 efTects a joint ownership of all ])roperty moveable and 
 immoveable of the husband and of the wife, whether in 
 possession at the time of the marriage or sub.scipiently 
 ac([uii"ed during its continuance. The j)ropeity thus owned 
 by the common estate is liable to the debts of the parties 
 existing at the time of the marriage, — to the debts con- 
 tracted by the husband during the community, or by the 
 wife during the community, with the husband's con.sent,— — 
 and to debts contracted for the necessary charges of the 
 marriage. The husband alone has the administration of 
 the property in community, — he has the right of alienation, 
 and of mortgage even of the immoveable property brought 
 into the estate V»y the wife, without her constant. 
 
 The dissolution of the community takes place by diatli, 
 divoice a vificalo, or separation « mcnaa ci Vioro. In 
 M 2
 
 1G4 
 
 certain cases of divorce, the courts possess power to decree 
 forfeiture of the share possessed by the guilty spouse, eitlier 
 fully or partially. In decrees of separation d viensa et 
 thoro, a clause respecting the mode of partition of the 
 property of the joint estate is usually inserted. 
 
 At the ordinary dissolution of this " nuptial partner- 
 ship," as Story fitly calls it, by death of either of tiie part- 
 ners, the necessary effect of a dissolution of partnership 
 takes place ; the property belongs ec^ually to the survivor 
 and to the heins of the deceased, in equal moieties, after a 
 due adjustment of all debts, and the payment of all charges 
 fitly borne by the community. 
 
 It may be added that the wife can do nothing in law 
 without the authority of her husband ; he is the sole person 
 legally representing the estate. She has power to do, how- 
 ever, what married women cannot do in England, — she may 
 make a will without her husband's consent, and possesses 
 the same power of disposing of her half of the estate 
 enjoyed by both which he possesses ; this power of disposi- 
 tion being limited, as regards both husband and wife, in 
 favour of children, and, in default of children, of surviving 
 parents, though not nearly to the extent generally sup- 
 posed. 
 
 In a word, the colonial doctrine of community is perfect 
 equality between the spouses, with full right of adminis- 
 tration by the husband. From this administration the 
 wife's interests can be secure only in the very rare cases in 
 which courts could be called on to interfere for her 
 protection on account of reckless prodigality, endangering 
 the dissipation of the entire estate. The marital authority 
 is such, that oulv the grossest instances of its abuse can 
 meet with a remedy. The question may be fairly put, 
 whether husbands should have so much power ; but far 
 form this, husbands complain that the operation of the 
 law is, that they are injured, brought into difficulty, ruined, 
 because wives are allowed by law to possess any rights at 
 all. It must not for a moment be forgotten, in considering 
 the question, that in this colony, whenever professedly, the
 
 165 
 
 law of inheritance is attacked, the law of community is 
 really aimed at. The doctrine of legitimate portions, or the 
 compulsory necessity of providing to a limited extent for 
 children, has its objectors ; but the cordial detestation of 
 surviving husbands, who alone are the supposed sufferers, 
 is reserved for the law of community. It follows hence, 
 that all the instances which have been offered from time to 
 time as illustrations of the hardships of the law of inherit- 
 ance, are, in truth, objections to the partition resulting in 
 the dissolution of the community ; and would exist, 
 whatever were the law relating to the disposition of 
 property by will. 
 
 This was fully shown in the unanswerable speech of the 
 Attorney-General (Mr. Porter), on the motion of Mr. Harries, for 
 the revision of the law of inheritance, in 1848. Every instance 
 adduced as an example of the evils of the law of inheritance 
 in truth displayed certain inconveniences to a surviving 
 husband, caused by the death of his partner, and the conse- 
 quent dissolution of the partnership. If A, the husband, 
 and B, the wife, married in community, posse.ss £ 1,000, 
 then, on the death of B, the half of the joint estate, £500, 
 coming to B's representatives or heirs, is equally withdrawn 
 from A, whether B was bound to leave a portion of the £500 
 to certain persons indicated by the law, or left the whole of 
 the £500 to persons freely selected by herself. Not the 
 law of inheritance, but that of partnership has effl-cted the 
 ])artitiou. And such, in principle, though ditlering in detail, 
 have been all the ca.ses which have been paraded a.s 
 exemplifying the hardships of the law restraining the free- 
 dom of disposition. The fact that testators have far greater 
 power of di.sposition than is generally a.ssumed in di.scus- 
 sions on this subject will be shown in a future paper. Here 
 we contine ourselves as much as po.ssible tw the legal etTects 
 on property of marriage without an ant^^nuptial contrnot. 
 
 The case of greatest hardship that can twke place under 
 the law of community would be of the following nature. 
 Of course husbands always provide against the chance of its 
 occurrence, by the marriage settlement ; but it may hajipeu
 
 166 
 
 A, with €50,000, marries B, a penniless girl, who dies 
 within a tew months, and has bequeathed by will, or dying 
 without a will, has left £25,000, her half of the common 
 estate, to her own relatives. Certainly, this is a most 
 severe infliction on the husband, though if the lady had had 
 the wealth, and the husband had died immediately after 
 the marriage, few voices would be raised to exclaim on the 
 hardship of the diminution of her estate, compared to the 
 many that would expatiate on the extreme injustice, when 
 the husband's property was so diminished. According to 
 English law, it will be remembered that, in the latter case, 
 the lady's £50,000 would wholly have become the husband's, 
 and so utterly withdrawn from the control of the original 
 owner, that on her husband's death, she would be entitled 
 to nothing at all. The Dutch law occasionally works 
 injustice ; the English law is always, and in principle, unjust. 
 A careful study of the Attorney-General's speech, to 
 which reference has already been made, is recommended to 
 all who are anxious really to understand this important 
 subject. This very able and eloquent composition ought to 
 be republished. Its arguments were not answered at the 
 date of its delivery, and cannot be answered now. The 
 equity of the principle of the " communio bonorum," 
 especially in cases — the majority of cases in this colony — 
 where husband and wife, at the date of their marriage, 
 possessed nothing beyond industry and economy, is pointed 
 out with great force. As the speech is out of print, we 
 extract this portion : — 
 
 " When both parties possess property (I do not pause to compai'e 
 amounts), the natural equity of community is tolerably apparent. 
 Why should the law give all absolutely to the husband ? Suppose a 
 law which would give all absolutely to the wife, what would you say 
 to it ? You would call it monstrous. When we speak of giving all 
 absolutely to the husband, we are by no means so strongly affected — 
 * indeed,' says the lawyer, ' that alters the case.' But had I the 
 honour now of addressing an assembly of ladies, they would perhaps 
 view the case very differently. The case in which one party possesses 
 property is open to more doubt. When the property is the man's — 
 the colonial law seems bountiful — perhaps too bountiful — to the
 
 107 
 
 woman, by communicating to licr a half of the husband's property. 
 When the property belongs to the woman, the law of England, viewed 
 as carrying all property over to the husband, seems terribly unjust to 
 the original owner, and, in my opinion, the principle of community 
 between two spouses, no matter which of them brings in the property, 
 is a fairer principle than the principle of keeping everything to the 
 husband, where everything was the wife's. What, then, shall we say 
 to the case in which neither man nor woman possesses property ? 
 Out of this sort of case have all our difficulties arisen. Settlers come 
 here without anything, save a desire to marry — they marry and make 
 no ante-nuptial contract. An ante-nnptial contract, to be of much 
 use, must be notarially executed; and as it costs some shillings, and 
 shillings are scarce, the parties marry without it, little dreaming, 
 perhaps, that they are ever to have as much wealth as will make the 
 matter one of much consequence. But time wears on, and they find 
 that they have accumulated property : then comes the tug of war* 
 The wife chances to die, — the children step in as claimants of their 
 maternal inheritance, and the widower feels aggrieved that his children 
 should curtail his means of usefulness, that is, his means of continuing 
 his business or pursuits. It cannot be denied that this sort of case is 
 the real one with which we have to grapple ; and to lay down just 
 principles for regulating it, is by no means easy. Shall we at once 
 pro^ilaim that, in such a case, the wife shall have no interest what- 
 ever in the property accumulated P There are, I think, considera- 
 tions which will require to be weighed before we legislate to this 
 effect. True it is that, in general, the husband is the more active 
 agent in earning their money. But I have heard a very rich man say 
 that every married man who wishes to be rich must ask his wife's 
 permission, and it is in cases where a couple begin the world with 
 nothing that the wife commonly contributes most to the common 
 stock. And when wc reflect how much the wife has probably 
 co-operated — how, by early rising and lying down late, and eating 
 the bread of carefulness, she has added to the joint store-house by 
 housewifery and thrift, she has enabled the husband to acquire moans 
 which, be his genius in speculation what it may, he could not other- 
 wise have collected,— I must be allowed to doubt whether that law is 
 founded upon right reason or right feeling, which would make her a 
 mere servant without wages, — which would leaTO her without any 
 claim upon the property she had contributed to earn, — which would 
 enable the husband, dying before her, to bequeath, perhaps to 
 strangers, all she had helped to make, and leave her in her old age 
 destitute, I am not insensible to tlio difficulties which attend the 
 principle of commuuity as applied to these cases. I am not ignorant
 
 1G8 
 
 of tlic cfTcct of natural affection and public opinion in protecting the 
 nterest of -wives who have no other protection. But I desire for 
 them, if possible, some further protection. I desire that a husband, 
 ■whoso dinner is not cooked to his liking, shall not be at liberty, 
 leaving a large fortune, to leave hia wife nothing. It were to shut 
 our eyes upon the truth, to deceive ourselves, and to give human 
 nature troro credit than it deserves, were wo to say that the interests 
 of married women may bo wholly and unhesitatingly committed to 
 their husbands." 
 
 The justice of the closing remark of the extract is strongly 
 exemplified in the second of the two cases which are sub- 
 joined, and which are copied here, because it is better to 
 state actual cases which have occurred than to reiterate 
 possible instances of hardship under any law. The colonists 
 here are urged to introduce English law generally, as to the 
 effects of marriage on property. What do our readers think 
 of the following well-authenticated examples of its 
 operation : — 
 
 "Mrs. inherited from her father a comfortable property 
 
 before she was married, and had never known any necessity to 
 economize. She married, and having great confidence in her husband, 
 and having never been used to think about money matters, omitted 
 to have her property settled upon herself. The husband died very 
 suddenly shortly after their marriage, without having made a will» 
 and all her property is gone to a nephew of her husband, a man almost 
 a stranger to her. She is now very much reduced in circumstances 
 and living for the first time in her life, under the pressure of narrow 
 means." 
 
 "A gentleman in one of the northern counties failed in business; his 
 wife, with praiseworthy spirit, turned her talents to account by setting 
 up a fashionable millinery establishment, with the assistance of her 
 friends, which proved so successful that she not only maintained 
 herself and husband, but realized a considerable fortune, sufficient to 
 enable her to leave business and live comfortably on the proceeds of 
 her savings. The husband during all this time did nothing to bring 
 in any income, and was supported by his wife. After a time ho died 
 and left a will, by which he bequeathed his wife's property to his own 
 illegitimate children. She was left in poverty, and is now a milliner 
 again." 
 
 WIuIp under the colonial law such injustice is impossible, 
 and linder tiie English law, unhappily, too frecpient, it is well 
 
 1
 
 it;o 
 
 to pause, ere rash and ill-considered clinnges are made, — 
 even if it were possible, which it is not, to apply the Eriglish 
 law as to the effect of marriage on property in this colony, 
 without a complete change of other portions of the law, 
 especially that relating to immoveable property. 
 
 THE LAW OF INHERITANCE AT THE CAPE OF 
 GOOD HOPE. 
 
 It is not the pui-pose of the writer to treat of succession 
 in intestacy. What the law does with regard to the estates 
 of those who neglect, or do not desiretoexerci.se the power of 
 disposing of their property, is perhaps of equal interest with, 
 but has not been .so prominently discus.sed as, the limitation 
 imj)0sed on testamentary disposition. While, however, few 
 subjects of colonial importance have been more treated of 
 and written about for the last thirty years than the power 
 of testation by our law, it would be difficult to point out 
 one respecting which more misapprehension exists among 
 that poition of our community which is of English descent. 
 
 There may exist community of proj)erty in the fullest 
 sense, and yet, together with it, the freest possible right of 
 disposal by will. The law of legitimate portions in favor of 
 children had its origin in the Roman law at a time when 
 there was a complete separation of the estates of the parents. 
 By the " Code Napoleon," a child of a marriage under the 
 regime dotal, where there is an entire se[)aratiou of estates 
 has as certain a claim to the kyitime from the property of 
 his parents as a child of a marriage contracted under the 
 regime de c(/nimunaxi.i<^. 
 
 It seems superfluous, but the frequent misapprehension on 
 the subject renders it necessary, to jioint out that there is 
 no connection whatever between the jirineiple of the law 
 which regulates the shares of A and B in the property 
 possessed jointly by A and P., and that of the law which enait^ 
 that the child of A shall obtain something from the estate of 
 A, and that the child of B .'shall obtain something from the
 
 17U 
 
 estate of B. The error is one into which unprofessional 
 men not unnaturally fall. The death of A is the time at 
 which the separation of the propert}' of A and B, married 
 in community, takes place ; it is likev/ise the time at which 
 the question arises as to tlie amount of the portion wliich, 
 out of his share, A was bound by law to leave to his heir ; 
 and the neglect of sufficiently accurate consideration has 
 confounded two very distinct, though concurrent, conse- 
 quences of his death. It might be as well concluded, 
 where completely separate estates have been created by 
 ante-nuptial contract, that because at the death of one of 
 the spouses, it may become necessary that distinct accounts 
 of the separate estates should be taken to prevent any 
 possible confusion, and at the death, likewise, a legitimate 
 portion is claimable, that, therefore, there is an inseparable 
 connection between the doctrine of separate estates in 
 marriage and that of legitimate portions. 
 
 It was remarked on a former occasion, that while the 
 outcry here has been for the blessings of the English law of 
 the effects of marriage on property, the English law reformers, 
 headed by Lord Brougham, have, of late years, been 
 anxiously endeavoring to save England from the disgrace 
 of this law, and Englishwomen from its curse. In like 
 manner, while the voices of some are raised here against the 
 cruelty to parents of the law which does not sufficiently, 
 in all cases, trust natural affection in the disposal of pro- 
 perty, English law reformers mourn that they have not the 
 law of this colony, which is, in principle, the old common 
 law of England, and that of every countiy of Europe, with 
 the exception of England and Ireland. In a late number 
 of the Law Magazine (the organ of the Law Amendment 
 Society), towards the conclusion of a paper on the dis- 
 tribution of intestates' estates, there are the following 
 observations : — 
 
 We have said enough, we think, to show the shortcoming of our 
 scheme of distribution on one point, and that it needs such an altera- 
 tion as shall bring us within the European family in respect of private 
 law. But there is another and a graver point upon which we have
 
 171 
 
 even less hesitation in avowing our distaste of f^ngliah law. It is ono 
 in respect of which England stands alone in Europe ; wo mean the 
 law which allows every testator, under all circumstances, without 
 regard to nature or justice, to alienate the whole of his personal estate, 
 to the disherison of his wife and children. By virtue of that conflict 
 of principles which dogs English law everywhere, a man must support 
 these persons as long as ho lives, but at his death, though possessed 
 of ample means, ho may leave them penniless, or a burden upon 
 strangers or the parish. Caprice or cruelty may impel him to 
 do so, and the law requires no better justification of an act, which it 
 affects to consider to be a legitimate consequence of constitutional 
 liberty. In this, as in many other points, the law is not in rqnih'hrio 
 with the intellect or feelings of the community. Our state of society 
 demands a better law than the unnatural formula dicat testator et erit 
 lex. It requires that the children, at least, should derive such a benefit 
 from their father's estate by law at his death as shall relievo the 
 public from their being a burden upon it, however light. The poor 
 law docs much, but here it is, of course, inoperative. The restoration 
 of the old common law of England — the jmrtis rafinnahiles — would 
 effect this justice and remove the painful inconsistency which we have 
 referred to. — Law Magazine, May, 1857: p. 88. 
 
 It may be as well to explain what these partes ration- 
 ahiles were, inasmuch as we are constantly assured here 
 that any interference with the power of free alienation by 
 will is utterly at variance with the genius of English law. 
 By the common law of England, a man might dispose of 
 only one third of his goods ; one third went as the 
 " reasonable portion " (we should say "legitimate") to his 
 children, and one third to his wife. If his wife had pro- 
 deceased him, his liberty of disposition extended to one half, 
 the other moiety being the property of his children. In the 
 case only of his death without wife or children surviving 
 him was he entitled to dispose of the whole of his personal 
 property. " Magna Charta" expressly reserves this right to 
 widows and children. By the 20th chapter of John's 
 Charter, and the KSth of that of Henry HI, it is provided 
 that after the payment of the debt which the " dead man " 
 might owe to tlie King, " the rest shall be left to the 
 executors to fulfd the testament of the dead, and if there 
 be nothing due from him to us, all the chatties shall go to
 
 172 
 
 the use of the dead, saving to his ivi/e and children their 
 reasonable shares." This, which was, until the time of 
 Charles I, the general law of the land, was imperceptibly 
 altered in the greater part of the kingdom — though it was 
 retained in certain portions ; and was only abolished, as to 
 London, by statute in the beginning of the last century. 
 "Thus," says Blackstone, (vol. Ii, p. 493), "is the old 
 common law now utterly abolished throughout the kingdom 
 of England, and a man may devise the whole of his chattels 
 as freely as he could formerly his third part or moiety." 
 
 While, as has been shown, the tendency in England 
 appears to incline to a resumption of the ancient law, which 
 is, in principle, not different from our own, it is not too 
 much to expect that sounder arguments than the mere fact 
 that the present English law differs from that which pre- 
 vails in this colony should be offered, before our legislature 
 can be called on for a change from the law which we 
 possess, and which is desired in England, to that which is 
 deprecated in England. There is more sounding rhetoric 
 than logical truth in the assertion that the freedom of an 
 Englishman requires freedom of disposition by last will. If 
 Dr. Johnson, when a friend recommended the line — 
 
 ** Who rules o'er freemen must himself be free," 
 replied, " To be sure, — 
 
 " Who drives fat oxen must himself be fat," 
 
 what would have been his commentary on the supposed 
 necessary connection between constitutional right and the 
 right to beggar a child ? 
 
 These prefatory remarks appear necessary, in order to 
 show the want of true foundation for the prejudices which 
 prevail on this subject in the minds of many who have 
 constantly heard repeated, and thus have begun to believe 
 that the law of inheritance in this colony is obsolete, 
 inapplicable to the present state of civilisation, and the 
 relic of a barbarous age ; whereas, in truth, it is in principle 
 identical with the law on the subject contained in the great 
 product of the civilisation of the nineteenth century, the
 
 173 
 
 "Code Napoleon "; it was the law of the Roman Empire at 
 a period whence all the nations of modem Europe and of 
 America derive what is most valuable in their several 
 municipal codes ; it is that to which thinking men in 
 England, competent to judge in matters of this nature, turn 
 with hope for the amendment of their own privately unjust 
 and socially injurious doctrines. It should, at least, be 
 examined with respect and understood before it is con- 
 demned. 
 
 We have said that great ra'sapprehension prevails as to 
 the law of inheritance. We believe the general opinion of its 
 operation to be, that th^re exists no power of testameatary 
 disposition whatever, — that on death the law seizes and 
 distributes the property as in intestate succession. The 
 industrious tradesman, who has accumulated some means, is 
 harassed by the constantly-recurring assertion: — "You toil 
 for property and deem it your own — in vain ; at your death 
 the law takes it — your wife, surviving you, receives the half, 
 the rest is distributed among your children in equal propor- 
 tions, whatever may have been your desire on the subject ; 
 it is a waste of labour to commit your bidding to paper 
 according to the formalities required for a will ; the law is 
 paramount, and will lay aside your wishes, the anticipated 
 fulfilment of which might comfort you on your death-bed, 
 unheeded !" This, absurd as it may appear, has frequently 
 been stated in the writer's presence, even by persons who 
 have become possessed of considerable property and who have 
 acquired some position, as the law of inheritance, expounded 
 to them by others whom they deemed wiser than themselves. 
 When it was explained that by the law the wife really took 
 nothing from the husband's estate, but merely on his death 
 retained her own — whether community or separation of 
 property had governed the marriage — and that the statement 
 further, that the law, notwithstanding any will, divided the 
 testator's property eijually among his children, was an 
 exaggerated fiction based on very little truth — surprise 
 was expressed by the individuals themselves that they should 
 have been in such utter ignorance of what they had been
 
 174 
 
 taught to detest, and the assurance was given that this errone- 
 ous conception of the law was the one ver}^ generally preva- 
 lent. The large majority of objectors to legitimate portions 
 would possibly still object if they did know, but certainly 
 do not know, to what they object. 
 
 No doubt the ordinary will in this colony has led to the 
 belief of the necessity of an equal division among the children 
 of the testator's property. The favourite testament among 
 the inhabitants of Dutch descent is what is generally termed 
 a mutual will — which is, in fact, a will of two persons on 
 one paper. This mutual testament might be made as well 
 by persons who stand in no relation to each other as by those 
 who stand in the intimate connection of husband and wife. 
 Its provisions are, in general, simply that the testator and 
 testatrix constitute the survivor of them and the children 
 of the predeceasor heirs in equal shares of the predeceasor's 
 estate. What the survivor thus inherits equally with the 
 children is populai'ly called a child's portion. For example; 
 A and B married in community have jointly £2,000, or 
 married out of community possess each £1,000 ; then, on 
 the dissolution of the marriage in either case by death of A, 
 £1,000, being As property, is to be divided according to 
 the directions of the will, which provides that B, surviving A, 
 shall, together with their four children, inherit A.'s estate. 
 Each of them receives £200. But this sum of £200, though 
 a child's portion, is not the legitimate to which the child 
 was by law entitled. A parent is bound to leave among his 
 children, if they be five or more, the half ; if they be four 
 or less one third of his estate : of the rest he may freely 
 dispose. In the supposed instance, therefore, the combined f 
 legitimate portions of the children would be £333 6s. 8d., 
 and the portion of each child £83 6s. 8d. The law compels 
 the disposal of £333 6s. 8d. in a certain manner, but 
 leaves the testator free to dispose as he pleases of the 
 £666 13s. 4d., which he may direct to be paid to any one 
 of his children whom he prefers above the rest, or to his 
 widow, or to a perfect stranger. The testator might, if he 
 had so willed it, have given £750 of his £1,000 to that
 
 175 
 
 one of his children whom he thought most wortliy, while 
 the rest received merely the pittance of £83 'Js, Sd. each. 
 The law does not say, each of your children shall have an 
 equal share in the estate you leave at death, but you shall 
 not give way to unnatural feelings, and without reason, 
 throw any one of your children penniless on the world : 
 some moderate portion shall, therefore, go to each child. In 
 reply to this it will be urged that it is a slander on human 
 nature to believe that men will not provide for their children, 
 if it be in their power ; the law written in the bretist of 
 man is sufficient to ensure the fulfilment of this duty ; no 
 positive law is required. But surely, if the law is merely 
 in accordance with the impulses of natural affection, and 
 only carries out what the dictates of parental love would, 
 without law, perform in at least an equal degree, those who 
 repose this entire confidence in the power of natural 
 affection in all cases, can entertain no real objection to its 
 operation. As an almost universal rule in this colony and 
 in all countries where legitimate portions are known, far 
 more than the share ordered by the law, is bequeathed by 
 parents to their children. But the law is not for the 
 righteous, but for sinners ; it does not fear that the just 
 will fail to perform their natural obligations, but it is active 
 to prevent the unjust from despoiling children who, if they 
 have not through their own misconduct forfeited that 
 right, possess a clear right, naturally and socially, to claim 
 that when those who have brought them into the world 
 have possessed wealth, and have educated them in the 
 expectation of a portion of this wealth, they shall not, from 
 mere caprice or sudden antiiiathy, be left in utter destitution. 
 If but one such case was likely to occur in a century, the 
 law would be imperfect that did not provide against the 
 evil and render the injustice impossible. 
 
 But while the Roman law (for this part of our law of 
 inheritance is, unlike our law of comnuinity, puroly Roman), 
 thus protects the child against the unjust parent — for such 
 there are, though they may be rare — it gives power to the 
 parent to disinherit a child who has merited exheredation.
 
 17G 
 
 Several just causes of exheredation exist, which need not be 
 here enumerated, but which are all founded on misconduct 
 of a serious nature or gross ingratitude to the parent. The 
 reasons which the parent has for disinheriting the child must 
 be expressed in the will, and if they be sufficient and suffi- 
 ciently established, the legal heir, complaining of his exhere- 
 dation, will be declared by the court to have forfeited all 
 claim for any share in the parent's estate on the ground of 
 unworthiness. In addition to the reasons for exheredation 
 founded on misconduct, the parent may withhold, burden 
 with Jidei commissum, or postpone the legitimate of a child 
 who is in such a state insolvency that he could not be 
 benefitted personally were immediate payment made to him. 
 We have thus far, in as simple language as possible and 
 avoiding technical expressions, explained what legitimate 
 portions are. The law does not insist on the distribution of 
 the parent's estate in a particular manner, — it does not 
 abrogate the liberty of making testamentary dispositions ; it 
 merely lays down in accordance with natural justice that a 
 parent shall not, without sufficient reason, fairly ascertained, 
 pauperise his ofispring. It has fixed a very moderate 
 amount as that which shall be thus appropriated from the 
 deceased parents's means. Difference of opinion may exist 
 as to that amount — which is far less in our law than the 
 proportion fixed b}' the Code Napoleon and the present Code 
 of Holland ; * but our legislature will be right in hesitating 
 to consent to a change in the principle which is well 
 expressed by Mr. Solomon's address to the electors of Cape 
 Town : — 
 
 The colonial law of inheritance goes upon the principle that men 
 and women are not to bo at liberty to bring children into the world 
 at pleasure, and in case of death to be at liberty to leave them 
 penniless and destitute, a burden on tlie public, when they possess 
 the means of providing for the necessary support of their children. 
 Whilst, therefore, the law does not prevent the parent who may possess 
 property from bequeathing in any way he pleases a large portion of 
 
 * By these codes, the legitimate is one-half if there be one child, 
 two-thirds if there be two, and three-fourths if throe or more. 
 
 m
 
 177 
 
 his estate, it requires that a portion of his property shall go towards 
 his children, who hare a natural claim upon his affection and sup- 
 port. 
 
 As the legitimate is emphatically the child's "right," 
 it must be left as a direct, immediate, and unencumbered 
 possession. It is due equally whether the child is the off- 
 spring of a marriage in community or out of comuiunity. 
 It is not claimable by any collateral heirs, the opinion 
 being utterly erroneous, though prevalent in this colony, 
 that where the testator has no children nor parents sur- 
 viving him, brothers and sisters bay^ a right, against the 
 provisions of his will, to demand some share of his estate. 
 Where a testator has no children, his parents, if they 
 survive him, may, indeed, claim a legitimate, but cases of 
 this kind are naturally so rare that in this respect the law, 
 just or unjust, expedient or inexpedient, is practically a 
 dead letter. 
 
 A few words more, on the extent of the power possessed 
 by parents to require that children shall not make a claim 
 for inheritance from the estate of the first dying of the 
 testators, must conclude our remarks. Where there is a 
 marriage in community, can the division of the estate be 
 postponed until the survivor's death ? This is sometimes 
 done in this colony in the following manner : 
 
 Here, as in all countries where the tendency is not to 
 have the extremes of wealth and pauperism in the same 
 family, where there exists no great desiie " to propagate an 
 aristocracy " (to use an expression in a i)etition to the late 
 Legislative Council, which caused some amusement a few 
 years ago), parents, unless grave cause exists to the con- 
 trary, generally distribute their property equally among 
 their children. No one is usually much benefited beyond 
 the others. Ordinarily, if we suppose a joint e-state of the 
 parents of £l 2,000, and three children of the marriage, on 
 the father's death each of the children would, by will, be 
 entitled to £2,000, payable on majority, or, as the survivor 
 is frequently a joint heir receiving a child's portion, to 
 £1,500.
 
 178 
 
 But a will might be thus expressed and would be valid : 
 " A and B, married in community, institute as their heirs 
 their children, C, D, and E, but the said C, D, and E shall 
 not be entitled to claim from the estate of the first dying 
 any portion of their inheritance^ legitimate or otherwise, 
 until alter the death of the survivor ; and any one of the 
 heirs claiming the legitimate during the survivor's life shall 
 forfeit any further interest in the estate of the first dying, 
 and shall receive only the legitimate out of the survivor's 
 estate." The effect of this will would be, that if C claimed 
 the legitimate on A's death, he would receive only £G6G 
 13s. 4d., and on the death of B he would only receive 
 £606 13s. 4d, more, while his brothers, D and E, would 
 on the survivor's death, receive each £5,333 6s. 8d., sup- 
 posing the estate to have remained of the same value. If 
 a direction were inserted in the will, ordering that in the 
 event of the legitimate being at once claimed, sums spent in 
 education, donations in advancement of trade, &c., should be 
 brought into collation, i.e., should be added to the assets of 
 the estate, for the purpose of ascertaining the portions, and 
 treated as payments already made to the objecting heir, 
 further very considerable reductions may be made from 
 the legitimate, and the certainty of acquiescence in the will 
 secured. It is plain, then, that where parents, married in 
 community, desire to act fairly towards their children, and 
 to give them ultimately more than the pittance which the 
 law compels, th'-y have it in their j)0wer so to dispose, that 
 no dissohition of the joint estate shall take place during the 
 lifetime of either of them. When a child is cut off with 
 that only which the law orders, there can be no postpone- 
 ment, or rather, the legitimate would be due immediately 
 on the predeceasor's death, but payable on the child's 
 majority, in the same manner as the child's portion under 
 the ordinary mutual will would be due and payable. 
 
 For one requirement of the law there seems scarcely 
 sufficient reason. On the dissolution of the community 
 Viy the death of one parent, in all cases of intestacy, and 
 generally, on re-marriage, where there are wills, the sur-
 
 179 
 
 vivor is bound to find security for the amount, filial or 
 legitimate, or otherwise, which is to be paid to eacli child 
 of the marriage on majority. It is fitting that the parent 
 should have the administration of the child's property, and 
 it is his own interest, as well as that of his children, that 
 it should be well administered. He must be utterly ruined 
 before they can suffer loss. This distrust of the parent's 
 administration during the child's minority, in the intimate 
 relation of parent and child, is somewhat at variance with 
 the confidence in the husband's administration during the 
 wife's continued minority in the marriage. This demand of 
 security, for a period of five, ten, fifteen, or twenty years, 
 is felt as a hardship by many who a])prove of the equity of 
 community of property, and who desire no change in the 
 law of inheritance. It is not needed, and could, without 
 inconvenience or injustice, be at once abolishecL 
 
 It is in)possible, even in this very incomplete sketch of 
 the coloniid law, to omit all mention of Lord Charles 
 Somerset's proclamation of 1822. Notwithstanding the 
 importance of the law, it would be difficult to find among 
 the placaats of Charles V, or any of the musty tomes of 
 Dutch jurisprudence, any edict or cominentaiy so wretchedly 
 unintelligible as this emanation from Dv)wning-street, which 
 has puzzled every lawyer in the colony from the days of the 
 non-professional judges, who principally composed the court 
 between thirty and forty years ago, to those of the 
 present Chief Justice, who expressed his opinion from the 
 bench that the authoiship could be attrilmted only to 
 the Horse Guards or some t(|ually competent legislative 
 authority. The object of the proclamation was to enable 
 natural-born subjects of the Uniteil Kingdon to devise 
 their property according to the law of England under 
 certain circumstances. The Su[)reme Court have decided 
 two important cases under this proclamation. The first 
 which occuried in ISl-T, setth'd the (piestion — whether it 
 was necessary in the will of a person entitleil to devise 
 according to the laws of Enghmd under the j>ioclamation 
 to refer specially to the procl.imation — in the negative. 
 N 2
 
 180 
 
 The parents, natural-born subjects, were married in Dublin, 
 and having emigrated to this colony were domiciled at 
 Clanwilliam, where the husband died, devising all his 
 property to his wife, with the exception of some land left 
 to one of his children. The claim of certain of the children 
 for the legitimate portion was rejected. The second was a 
 case of greater difficulty, in which judgment was given not 
 more than two months ago. The parents were both natu- 
 ral-born subjects of the United Kingdom, but the marriage 
 took place in this colony in community of property. They 
 made a joint will, in which each constituted the other heir, 
 nothing being bequeathed to the children. The wife having 
 died, the court held that the children were entitled to the 
 legitimate, because the marriage was in community accord- 
 ing to the general law of the colony ; an ante-nuptial con- 
 tract, under the proclamation, would be necessary in this 
 colony to dissolve the community, and equally necessary 
 to give the right of devise according to the law of England. 
 
 Until this decision, it had been the opinion of some 
 members of the profession that while, in the circumstances 
 above detailed, community of property had been clearly 
 created between the spouses, the proclamation gave them 
 the right each to dispose of his share in the community 
 according to the law of England. But the question is now 
 happily settled, and a fixed determination given to this por- 
 tion of the law. Unfortunately, however, such is the con- 
 fusion of its language that we can scarcely hope that the 
 difficulties are at an end and that new questions will not 
 arise on its construction. 
 
 One kind of marriage contract requires some notice here^ 
 as it materially affects — indeed, utterly abolishes — the 
 right of bequest by women. Parents and guardians of 
 young women, ignorant of the consequences of such a con- 
 tract, permit notaries (of whom there are many in the 
 country districts equally ignorant) to draw an instrument 
 in which it is simply recited that A and B, about to be 
 married, have agreed that the effects of the marriage shall 
 be the same as would have followed in England, The 
 
 ■fj
 
 181 
 
 probable legal construction of this instrument would be, 
 that the wife is deprived of all property in, and power of 
 disposal over, any amount which may have been hers at 
 the date of the marriage, and even of any inheritance which 
 may have devolved on her during its continuance. We 
 know the impression to be that such contract creates sepa- 
 rate estates — but those who have entered into marriage on 
 the strength of this faith are wofully mistaken. It is 
 clear that as far as the wife's rights are concerned, we need 
 not here trouble ourselves about the law of inheritance, 
 for she can possess nothing capable of being inherited. 
 
 The important questions which have been touched upon 
 in this paper and in that on community of property will 
 probably be fully discussed in the new Parliament. If fair 
 discussion, on sufficient knowledge, shall show that the 
 principle of our law of inh eritance is unsound — by all 
 means let the law be amended. The conclusion of some of 
 our fellow-colonists on the subject, from the mere fact that 
 a certain law is the law of England, which naturally they 
 respect without clearly knowing what it is, or what it Ls to 
 replace, would furnish Sir Cornewall Lewis with an addition- 
 al illustration of the " Influence of authority in matters of 
 opinion." But we trust, confidently, that the change, if 
 sought, will be sought for reasons more likely to convince, 
 if true — and more capable of refutation, because really 
 bearing on the matter at issue, if untrue.
 
 POEMS.
 
 TO MY MOTHER. 
 
 From climes where winter bath its rugged sway, 
 And cloudy skies obscure the smiling morn, 
 
 From regions where the sun his golden ray 
 But dimly shews, and oft with looks forlorn 
 
 Appears to weep that the returning day 
 
 Without his cheering warmth will reach its bourn, 
 
 From here, whene'er my thoughts recur to thee, 
 
 My Mother — all around is nought to me. 
 
 Between us frowneth many a mountain peak, 
 Whose hoary summits seem to dare the heaven, 
 
 But yet I hear thy tender accents speak ; 
 
 To mild affection's tones no bounds are given : 
 
 Between us many a thunder-peal doth break, 
 
 With winds and roaring storms the seas are riven. 
 
 But yet, through raging winds and tempests' roar, 
 
 The voice of tenderness can reach the distant shore. 
 
 Tho' fiery be my mood — nor would I care 
 
 To bow my knee before a monarch's throne ; — 
 
 Tho' free my mind, and my proud eye would dare 
 To meet the gaze of any 'neath the sun, 
 
 Yet when I think of thee I humbly bear 
 Mine eyes upon the ground, and thus alouo 
 
 Silent I muse upon my nothingness 
 
 And all my pride is changed to lowliness. 
 
 I then bethink me of those bygone days 
 When in my ago of helpless infancy 
 
 Thou kindly watched.st o'er my childish ways 
 And gently carcdst for my evwry cry.
 
 184 
 
 And when I drooped with illness, thy mild gaze 
 
 Of love is present to my memory 
 Ev'n now, — while near the couch with anxious care 
 Thou sat'st by him who could not slumber there. 
 
 From these to other scenes of early date 
 
 I turn, — when wild I rov'd ; a careless boy, 
 
 Of temper rash, — with loudest sport elate. 
 For then my happiness feared no alloy, 
 
 And often, to deserve thy smile sedate 
 I hurried to display my boisterous joy. 
 
 And then, whatever fancy gladdened me, 
 
 Was bliss and pleasure and delight to thee. 
 
 But when to my pleased memory appear 
 
 These welcome smiles, — that joyous brow — 
 
 Thy gentle eyes which now my thoughts revere, 
 Then sterner conscience warns that this sweet glow 
 
 Of pleasure oft was sullied with a tear, 
 
 "Which slowly down thy saddened cheek did flow. 
 
 Compelled by me unwilling into light, 
 
 And breaking mildly from the orb of sight. 
 
 A tear, — not joyous as the Orient dew 
 
 With which Aurora vests the blushing rose. 
 
 But downcast, struggling mournfully to view 
 As softly chiding him who did unclose 
 
 Its tranquil fountain, — for it seemed to rue 
 
 Th' untoward fate that shortened its repose, — 
 
 As gliding down thy brow with sombre pace 
 
 It showed the sorrow reigning in thy face. 
 
 And I have caused that sorrow, — I have made 
 Thy tears to flow, — and I have given thee pain, 
 
 Alas ! how oft ? — 't were bootless now to wade 
 
 Through this huge sea of troubles, and 't wore vain
 
 185 
 
 To urgo regret, — the racraory will not fade 
 
 That bears these hapless records in her train, — 
 Oblivion will not bury with her veil 
 The faults that in youth's thoughtless years prevail. 
 
 Perhaps ev'n now, — while each recurring thought 
 Here swells the load that weigheth down my heart, 
 
 Perchance ev'n now, — kind memory's voice unsought 
 In thy mind too assumes its reign, — apart 
 
 From joys which present scones have wrought 
 In others' breasts, — while thou in silence art 
 
 Engaged in cares for bira who far away 
 
 Relieves his spirit with his homely lay. 
 
 Perhaps in thoughts of deep anxiety 
 
 Thy heart is whelmed, — and in muto solitudo 
 
 Thou musest on the hopes once formed of mo, 
 With prayers trusting that no tempest rudo 
 
 May shake from high tliy glad expectancy. 
 
 And plunge in sorrow thy once happy mood. — 
 
 Fear not, thy wonted confidence retain, 
 
 Nor stir thy anxious breast with needless pain. 
 
 For it shall come, — that wished-for joyous timo 
 When I shall greet again my cheerful homo, 
 
 Far from this boisterous yet friendly clime, 
 And no more wander o'er tho stormy foam ; 
 
 And thou shalt then believe ray lowly rhyme, 
 And my loved father too, when once I roam 
 
 Near to my childhood's haunts : — then shall yo soo 
 
 That 't was not wronf; thus to confide in me. 
 
 And then perchance a tear will dim thino cyo 
 Again, — but gladness dwelleth in that tear, — 
 
 And Ihou wilt then receive contentedly 
 
 Him who hath cuuacd at onco sweet hope and fear
 
 186 
 
 Aud proud shall be my feelings then, — when I 
 
 Embrace anew those whom I so revere 
 And see, — more with myself content than now — 
 The flash of cloudless joy upon thy brow. 
 
 JOANNA OF ORLEANS. 
 
 {Soliloquy from the Gorman of Schiller.) 
 
 Farewell ! ye hills, ye pastures which I love, 
 
 Ye gentle silent vales ! fare ye well ! 
 By you no longer may Joanna rove, 
 
 For aye Joanna bids you all farewell ! 
 Ye meadows dear to me — thou beauteous grove 
 
 That I have planted ! Fare ye well ! 
 Farewell ! ye grots, — ye fountains of my choice,— 
 
 Thou echo, this sweet valley's lovely voice 
 Who oft hast answered to my cheerful strain, 
 I leave you all — ne'er to return again ! 
 
 Ye spots, endeared by happiness and peace, 
 
 I must desert you now for evermore ! 
 My lambs ! stray o'er the fields in wild caprice. 
 
 No guardian misti-ess have ye as before - 
 Another flock I tend who know not peace, 
 
 Whose pasture is the bloodstained plain of war 
 Thus doth the spirit's call my heart inspire, — 
 
 My soul knows not an earthly vain desire. 
 
 For He who in the bush on llorcb's height 
 In flame appeared to Moses from His throne 
 
 And bade him fearless stand in Pharaoh's sight. 
 He vcho once cliosc old Jesse's pious son 
 
 As foremost champion in the noble fight, 
 Whose favor ever on the Shepherd shone, 
 
 He spake to me from out this hoary tree, 
 
 " Go forth ! on earth to testify of mc." 
 
 II
 
 187 
 
 "Thou sbalt with armour thy soft limbs eudao 
 And clothe thy breast in mailed robe of steel, 
 
 No face of man may e'er enchant thy view, 
 
 Love's earthly glow thy heart may never fwl, — 
 
 No bridal crown with flowers of brilliant hue, 
 
 May deck thy brow, — nor thine a mother's woul ; 
 
 But I shall raise aloft thy warlike worth, 
 
 Exalted far above all maids of earth . 
 
 "For when in battle's rage the mightiest fly. 
 
 When the sad fall of France seems hastening near. 
 Then shalt thou bear my oriflamme on high, 
 And hew the victors down in their career 
 (As reapers in the field their sickles ply) ; 
 
 Thou shalt overwhelm them with confusion drear, 
 To Gallia's sobs sweet safety .shalt tliou bring, 
 And Rheims regain and crown thy rightful king." 
 
 And God from high hath given a faithful sign, 
 For He hath sent this helm, — it comes from Him, 
 
 The metal's touch is rife with pow'r divine, — 
 Within me flames the zeal of Cherubim ; 
 
 Away — to hurry to the held bo mine, — 
 
 The voice resounds as tones of tempests grim, 
 
 I hear the war shout echoing from afar ; 
 
 The coursers prance and trumpets call to war. 
 
 THE THREE SONGS. 
 {From the Gcrnura of Uhland) 
 " King Sifrid sate in his royal hall ; 
 " Yo Bards ! who knows the best song of you all " ? 
 And a youth stepped forward from the band 
 With sword by his side and harp in his hand ! 
 
 " Three songs I know — this first is my song 
 Which thou perchance hast forgotten long — 
 Thou hast slain my brother traitorouHly, 
 And again thou hast blaiu him traitorously : —
 
 18S 
 
 " This second song I mused in my mind 
 When tho night was black and loud howled the wind 
 Thou must fi^ht with me for life or for death ; 
 And again thou must light for lifo or for death." 
 
 And ho laid his harp beside the board 
 And quickly each drew forth his sword 
 And fiercely echoed tho blades around, 
 And tho King sank lifeless on the ground. 
 
 "Now sing I the third, the sweetest of all 
 Which for aye I shall sing — which never can pall 
 King Sifrid lies bathed in his own red gox'C, 
 And again he lies bathed in his own red gore." 
 
 LINES TO AN INFANT WEEPING. 
 
 Let those streamlets cease to flow, 
 Hoard those pearly teardrops rather ! 
 
 Child ! about thy gentle brow 
 
 Clouds thus early should not gather j 
 
 Gladly, gaily shonld'st thou smile, 
 
 Tended by thy loving mother, 
 'Tis too early yet awhile 
 
 Gladness and bright hope to smother. 
 
 In thy later cares and grief 
 
 Teai's perchanco thou fain would'st borrow 
 When the heart shall need relief : — 
 
 Waste them not in childish sorrow. 
 
 Wantonly those fountains flow, 
 For some trifling folly thwarted. 
 
 Surely soon, alas ! thou'lt know 
 Tears by real woe extorted : —
 
 189 
 
 Soon tliou'lt enter in the world : 
 
 Beantcons seems thy path before thee ; 
 
 Swift from high thy hopes are hurled, 
 And misfortune's storm bursts o'er thee. 
 
 Yet ! would'st thou be firm and brave, 
 Proudly stem life's torrent ever ; 
 
 But, if other's lot should crave 
 Pity's tears, — refuse them never. 
 
 Should it bo thy neighbour's doom 
 Hopelessly in pain to languish, 
 
 Sympathy may soothe his gloom 
 And a tear may calm his anguish. 
 
 Stand not coldly by, but hear 
 
 Sorrow's tale with kindly feeling ; 
 
 Swift should stream the balmy tear. 
 Gentle warmth of soul revealing. 
 
 Ho — thy dearest friend — hath wept 
 Who hath loved all children dearly ; 
 
 Know these words — ev'n " Jesus wept," 
 Grave them in thy heart sincerely. 
 
 Ever calm thy brother's woe : 
 
 Where thy aid cannot relieve him, 
 
 With the crystal tear will flow 
 
 Solace to the wounds that grieve him. 
 
 Then in silver days of age, 
 
 Should thy tears l)c all expended, — 
 Ere thou turn the daihcr page 
 
 And the dreams of life bo ended : 
 
 Holy shall the feeling bo, 
 
 Blcbt as angcl-thonghts in Heaven : 
 " None was wasted sclti.shly, 
 
 All to othcre have been given."
 
 190 
 
 And when 'tis thy lot to dio, 
 
 Let all earthly tears have vanislied ; 
 
 Grief, my child, in Heaven on High 
 Is and shall for aye bo banished. 
 
 If 
 
 CONSOLATION. 
 
 {Fro77i the French of De Lamartine.) 
 Coldly fall, thou silent tear 
 
 On the stony earth unbleat ; 
 Not where kindness hovers near. 
 
 Nor on gentle friendship's breast ! 
 
 Fall as arid rain is driven 
 
 On some rock most bleak and bare, 
 QuafE'd by no kind beam from Heaven, 
 
 Dried by no sweet breath of air. 
 
 Oh ! what care my fellow men 
 For a wretch's broken heart ; 
 
 Grief like mine 's beyond their ken, 
 And our fates arc far apart. 
 
 Never, doubtless, will a tear 
 
 In their heav'n of pleasure fall ; 
 
 Their bright future hath no fear. 
 And tlieir cup 's unmixed with gall. 
 
 Never will this frivolous crowd, 
 With gay smiles now passing me. 
 
 Need a word on them, bestowed 
 
 Sounding thus — " I weep with thee." 
 
 Yet ! why seek without relief 
 Human solace — uselss now ; 
 
 Let me feed upon my grief. 
 
 In my hands conceal my brow !
 
 101 
 
 At that hour when the soul 
 Wearied of all earthly scope 
 
 CIodiL'H hursolf ill rubes of dulo 
 WidowL'd of her latest hope, — 
 
 When forgetful love is seen 
 Turning from the path away, 
 
 When the staff on which we lean 
 Breaketh in misfortune's day, — 
 
 When weak man — all selfish grown 
 Fears the vilo contagion's blast — 
 
 Leaving us in grief alouo 
 
 Face to face with woe at last. 
 
 When the future's charms are dead, 
 And we hope not for the morrow, 
 
 And the solo taste of oar bread 
 Is the bitterness of sorrow — 
 
 Then, God, Thy voice doth brighten 
 The dark silence of my fate, 
 
 And Thy generous hand doth ligliten 
 My misfortune's frozen weight — 
 
 Then I feel. Thy holy word 
 
 Cannot mix with man's cold strain, 
 And Thy solace conioth, Lord, 
 
 Where man's solace had been vain — 
 
 Then Thy aid exaltcth us 
 
 O'er the Spirit's deep distress, 
 
 And the world which sees us thus 
 Asketh, " Whence their happiness?" 
 
 Thus the soul is poured in prayer 
 Communing with il(>aven ou high: 
 
 From the lid the gentle tear 
 Driclh back into the eye,
 
 192 
 
 As on rock or wintry branch 
 
 The last raindrop of the shower 
 
 Which no gloomy shade could blanch — 
 Drieth 'ncath the sunbeam's power. 
 
 SYMPATHY. 
 
 A Flower bloomed upon the heath 
 All lonely, 
 A butterfly, in joyous play, 
 Was flitting o'er whate'er kind May 
 Had ope'd with warmth and dewy shower, 
 Kissing each leaf and beauteous flower ; 
 But the sad blossom on the heath 
 Remained neglected in that hour 
 All lonely. 
 
 A Poet wandered o'er the heath 
 All lonely, 
 He saw the fields with verdure gay 
 And richly garbed in glad array, 
 And th' insect high with pleasure tower 
 And now descend with joyous power; 
 He hurried by, — but on the heath 
 Spell-bound he stood beside that flower 
 All lonely. 
 
 ROME. 
 
 (^1 Fragmcni.) 
 
 Is this the Eternal City ? This great Rome ? 
 Eternal called as if she still had life ! 
 Wiiatc'cr of grandeur decks the Crcsars' homo 
 Is but a monument with glories rife 
 Of bygone age, drowned in Time's sweeping foam 
 When heroes dwelt in her, — and noble strife 
 Waked in her sons high Emulation's fires 
 To rival the bright deeds of worthy sires — 
 
 I
 
 193 
 
 The ruins of the great arc great, — we gazo 
 In marvel on tlio mighty city's fall — 
 The giant-staturo strikes us with amaze 
 But gone are the proud Roman spirits all, — 
 We look as on a mouldering corpse, whoso days 
 Lie criimhlod with tlie past in IMcmory's thrall : 
 Wo wonder that it e'er hath breathed before, 
 For 'tis but dust, and dead for evermore. 
 
 Yes ! Rome is dead. Her mighty fame hatli been, 
 And praised be Heaven which hath ordained it so ; 
 The Enslaver of the Earth, the tyrant Queen 
 Of nations hath been laid more vilely low 
 Than they who felt her rod. The wrath unseen 
 Of vengeful Time hath struck the awful blow — 
 And men her victim-slaves in ancient war 
 Have ploughed her streets in Victory's glad car. 
 
 Thus be't with all who would enslave by might, 
 Gained by fierce carnage of their fellow-men ! 
 Heroes are they forsooth who in mad fight 
 But emulate the awful crime of Cain — 
 Who own no law of justice, — know no right 
 But that of power, red with blood's deep stain ? 
 Blest earth ! when heroes shall exist no more 
 To deluge thy sweet face with human gore ! 
 
 Oh War ! man's direst curse ! Consuming flamo 
 Of all that is most pure on this glad earth ! 
 Thou sworn ally of vice and guilt and shame, 
 Destroyer of all love and peace and worth — 
 When rise for the base meed of bloodstained fame 
 Ev'n sons against the authors of their birth, 
 And former patriots bare the felon-brand 
 To ravage ev'n their own dear fatherland. 
 
 Can men love thee ? 0, whence that morbid aim 
 To wallow in the mire of human slaughter 'i 
 O
 
 19-i 
 
 Greedy of blood, the warrior hears his name 
 Gasped faintly with a dying shriek for water 
 From his best friend, — yot he pursues his game — 
 With every blow a wife or orphan daughter 
 l^Iay mourn a loving lord or sire, — the while 
 The man can view his havoc with a smile ! 
 
 If this be fame that men should speak of thee 
 As of the victor Corsican who slew 
 His millions — who scattered misery 
 Throughout the nations whom his might o'erthrew, 
 Who meanly died the death of slavery 
 Paying the debt of tyranny overdue — 
 Oblivion ! shroud me round with thy dim veil 
 Unknowu, uucursed by Misery's mad wail ! 
 
 Angelic peace ! sweet peace beloved of Heaven, 
 
 All blest and blessing all who love thy sway, 
 
 To us of future bliss a foretaste given. 
 
 Bright arch of promise in life's stormy day, 
 
 Terror and woe, to utter darkness driven, 
 
 Have fled the brightness of thy balmy ray, — A 
 
 With them fell famine — murder — and distress, 
 
 With thee sweet hope, and joy, and loveliness. 
 
 In all creation there is harmony 
 
 And loveliness in all created things ; ■3* 
 
 Their beauty is ineffable : yet we. — 
 
 In hate of all, as armed with scorpiort stings 
 
 Of malice, poison with vile misery 
 
 And horror all to which fair virtue clings, 
 
 And with most base perversity of will 
 
 Defile the good that thence may issue ill ! 
 
 O strife may come ! (which gentle Heaven forfend) ! 
 As stormy clouds will hide the placid sky — 
 When awful tempests ravage lands, and rend 
 Fair homes, all heedless of the inmates' cry ;' 
 
 1
 
 195 
 
 But swiftly all is past, — mild ili'ws dt-sccMid 
 And calmness reigneth iu the realms on high — 
 For what is yonder heaven's native hue ? 
 'Tis that of peace — the soft, ctherial blue ! 
 
 Thus be it ours — though strife unhoped may come, 
 In strife itself to seek the joys of peace — 
 For 'tis our natural state, — not the loud hum 
 Of angry quarrels built on mere caprice 
 And pride, — not cannons' roar nor sounding drums 
 Can conquer grief, and bid man's wailing cease — 
 But with fair peace all hope and pleasures stream 
 Of joy to come — a true and blissful dream. 
 
 TO A. B 
 
 Fair daughter of the north ! how radiant and how bright 
 Are those blue eyes whose fascinating light 
 
 Compels my youthful heart to worship at thy shrine ; 
 How beauteous those flowing locks whose lovely hue 
 Ts golden as a cloud to our admiring view, 
 
 Through whose transparency the moon doth softly shine. 
 
 How faithfully my soul pursues each soft-breathed sigh 
 Escaping from thy breast, — perchance when thoughtfully 
 
 Thou musest on the doubts, the blessed hopes of love ; 
 How sweet upon thy diiuplcd check that placid smile 
 When thy enchanting tones my j'^yous heart beguile. 
 
 And thy glad song i.s heard as music from above. 
 
 O! fairy-like thy form and light thy slender feet, 
 As gently treadin;^ o'er the fields with measure fU-et 
 
 They scarce displace the blooming l)ud they rest upon — 
 And oh ! where thou hast been, most beauteous to my sight 
 la nature's face, as the horizon shineth bright 
 
 Ev'n when the waves have closed upon tho setting sun. 
 2
 
 lOG 
 
 Bat loveliest far art thon, when in the holy fane 
 
 Thon bow'st thy comely head in calm religion's sway, 
 And thy pure prayer united with the saintly train, 
 
 Is borne aloft to Heaven on Seraphs' wings away. 
 How brilliant then thou bcamst with adoration's glow, 
 
 And from that radiant eye there starts a pearly iear 
 I gaze entranced with rapture on thy heavenly brow, 
 
 I see no maiden more, — an angel I revere. 
 
 THE VIOLET. 
 
 (Imitated from the German of Ooethe.) 
 
 Lowly — unseen — unheeded stood 
 A modest violet in a wood : — 
 
 That violet felt with human feeling : — 
 With gentle step, in cheerful mood 
 
 A shepherdess was softly stealing 
 Along, along, 
 Beguiling time with tuneful song. 
 
 Ah ! — thought the violet, — that I were 
 But for a little while most fair 
 
 Of all the gay — the gayest flower, 
 That maid would cull me then and boar 
 
 Me in her bosom one short hour : — "Ij 
 
 Ah me ! ah me ! .^ 
 
 How proud bow happy should I be. 
 
 She came, she came, that maiden fair 
 
 Nor saw the hapless violet there '^ 
 
 And crushed her victim as she passed : — * 
 
 Dying it whispered to the air, 
 
 Ev'n tho' I die — with joy at last 
 I yield my breath, 
 i'or she, for «hu hulh caused my death.
 
 197 
 
 TO IDA. 
 
 Come maiden with me o'er the silvery foam, 
 Seek maiden with me my far soathern liomo ; 
 The fleet winds will bear us o'er t?io wide wave, 
 And our tall noble ship — how gallant and bravo 
 Will she dash thro' the surge of the brilliant main 
 And cleave the vast billows which oppose her in vain, 
 While stately and proud the sails swell on high, 
 As towers the eagle aloft in the sky. 
 
 How grand, yet terrific, doth seem the wild ocean 
 
 In the pride of the storm — in the tempest's commotion— 
 
 As tyrants gigantic arise the huge waves 
 
 To engulf their bold darcrs in deep dreary graves — 
 
 Yet fear not — for One there is mighty above 
 
 Who will curb their mad rage with the strength of ills love, 
 
 And the billows exhaust their ire in vain — 
 
 And calmness and peace renew their mild reign. 
 
 And gentle and lovely appearcth the sea 
 
 In the beauty of softness — when its surface is free 
 
 From the pitiless storm and the howl of the wind, 
 
 When the frown of its anger it leaveth behind, — 
 
 And smooth as a glass are those waters of blue ; 
 
 Scarce a ripple obtrudes to our wandering view. 
 
 As listlessly rolling from side to side 
 
 The bark lies becalmed on the broad Ocean tide. 
 
 And beneath the calm waves how the dolphins play, 
 All joyous and blythe that the storm is away, 
 Adorned with the sheen of each brilliant hue 
 As they dive to the depths and arise to the view : — 
 'Tis the hour of sunset — and up swift and behold 
 How glitters th' horizon with purple and gold ; 
 But ah ! weak arc my tones and ne'er may I daro 
 The grandeur of sunset at sea to declare.
 
 198 
 
 Hark again !' — 't is a liroozo — 'fc is a favouring breozo ; 
 
 'Twill wait lis along, if Heaven so please 
 
 And away, afar at the birth of the Morn 
 
 With the fleetness of air our ship shall be borne. 
 
 See her silvery track which in brightness may vie 
 
 With the stars that adorn yon gorgeous sky, 
 
 As hurrying along thro' the salt sea foam 
 
 More near yet and nearer we are brought to our home. 
 
 And at length wc shall I'each that southern strand — 
 
 And thou wilt not regret thine own fatherland, 
 
 For thou lovest the spots which nature hath crowned, 
 
 Where her gifts and hor blessings in gladness abound ; 
 
 Thou wilt love our fair clime and the genial ray 
 
 Of the sun which warmeth each lovely day, 
 
 But though kind and tho' warm bo that bright beaming sun, 
 
 Yet more warm are the hearts which he shineth upon. 
 
 I shall lead thee to where the tall mountain's height 
 
 With the pride of a monarch doth dazzle the sight, 
 
 And beneath in the hollow a sweet quiet dale 
 
 And a rivulet gliding in peace thro' the vale. 
 
 And the meads clad with flowers of varied hue 
 
 Just oped with the balm of Auroral dew ; 
 
 Oh, with rapture thou'lt gaze on the soul-stirring scene, 
 
 In its softness so grand, in its grandeur serene. 
 
 'Twas there that the free-hearted children of Gaul 
 Sought refuge and rest from bigotry's thrall, 
 Where freedom of mind was a crime, and the sword 
 The portion of those who dared worship the Lord 
 As faith and as conscience had tutored their breast, 
 (But these days are now past — in their grave let them rest) 
 And there they dwelt free from the pursuit of men 
 'Mid mountains and forest in their own chosen glen. 
 
 I shall lead thee to where on the sunny hill side 
 The vines are luxuriant in richness and pride,
 
 199 
 
 The delicate plnintain in plenty thou'lt sec, 
 
 Thou may'st gather the guava from the wide-branching tree 
 
 The golden-hued loqaat, too, thou wilt approve, 
 
 And admiring wilt taste of the sipplc of love, 
 
 While the apricots add their freshest perfume 
 
 And the flowrets around dcliciously bloom. 
 
 I shall lead thee to view the deep orange grove, 
 Through whose fragrant shades with ardour thou'lt rove ; 
 Thou'lt behold the tall trees o'erladen with spoil 
 All bending incline their boughs to the soil, 
 The bright gold of the fruit, the fair white of the flowc, 
 The dark green of the leaf contrasting their ])Ower, — 
 While the richest of odours are scented around. 
 And the birds' softest echoes in music resound. 
 
 Then come, maiden, leave this northern land 
 
 And set sail with me to the far southern strand. 
 
 Far away from this clime of mist and of cloud, 
 
 Where no winter doth rage and no snowstorms are loud ; 
 
 Come with mo to the clime where the sun shincth bright 
 
 And brilliant stars illume the glad night, 
 
 And thou wilt not regret thine own fatherland 
 
 When once thou hast trodden that southern strand. 
 
 THE LAY OF THE BELL. 
 
 (From tin' GniiKin of Schiller. ) 
 
 Firmly masoned in the earth 
 Ready stands the mould of clay, — 
 This morn the Bell must have its birth, 
 Swift, my comr.ades, speed away ! 
 Down from your brow 
 The moisture must tlow 
 That to the skill of the master due pniise may be given, 
 But the blessing on all desccndcth from Heaven !
 
 200 
 
 When men in earnest toil cngaf^o 
 'Tis fit an earnest word be spoken, 
 The labour hastes with cheer unbroken 
 By wisdom's aid and converse sage; — 
 Whatever thro' our hands can rise 
 Should fill our minds with precious lore, 
 That worthless man we should despise 
 Who works — but hath not thought before : — 
 'Tis this the pride, the boast of man 
 And therefore hath he reasons aid, 
 That in his bosom he may scan 
 The wonders which his hand hath made. 
 
 Take ye wood of forest pine : 
 
 Sapless lot it be and dry 
 
 That the pinowood flamo may shine 
 
 Blazing through the smnke on high I 
 
 Doth the hissing copper boil ? 
 
 Swiftly add the tin, 
 
 That the fusion flow within 
 
 In right manner for our toil ! 
 
 What in this coll by aid of flamo 
 
 Our hands shall fashion in this hour, 
 
 High on the belfry of yon tower, 
 
 Hereafter shall exalt our fame : — 
 
 It shall endure to future days, 
 
 Of many men shall rouse the ear. 
 
 And mournful knells with mourners raise, 
 
 And call the pious unto prayer : — 
 
 Whatever changeful destiny 
 
 May as the lot of man decree. 
 
 Against this metal darts its sound 
 
 Re-echoing to the world around. — 
 
 Brilliant bubbles there I see, 
 Well — the liquid masses flow 
 Swift, — let soda added be, 
 'Twill aid the fusion now.
 
 201 
 
 From scum and hindrance free 
 Let the mixture bo, 
 That from pure metal may rebound 
 Full and pure its voioe around. 
 
 That voice with festal notes of gladness 
 
 Shall welcome the beloved child 
 
 Which entereth in slumber mild 
 
 Upon this earth of joy and sadness. — 
 
 Its future lot lies unrevealed 
 
 In the dark mist of time concealed — 
 
 Maternal love with tender care 
 
 Now watcheth o'er her offspring fair 
 
 While shaftlike flies each passiog year. — 
 
 — Now weary of girl's play the boy 
 
 Storms proudly into life with joy, 
 
 — A wanderer thro' tho world doth roam 
 
 And stranger-like returneth home. — 
 
 — And beauteous, in the pride of youth, 
 
 All heavenly fair and heavenly bright. 
 
 With modest brow and eye of truth, 
 
 The maiden standeth in his sight : — 
 
 A nameless dark anxiety 
 
 O'erwhelms his breast : — be errs alone, 
 
 Unwonted tears start from his eye. 
 
 Too wild his comrades' sports arc grown, — 
 
 Blushing, he ever seeks a meeting, 
 
 Is blest, enraptured with her greeting, 
 
 And on his love, delighted showers 
 
 From richest meads the fairest flowers ; — 
 
 O sweet desire, gentle hope ! 
 
 Thou golden time of lirst affection, 
 
 When to our eyes the lieavens ope, 
 
 Our hearts enjoy the glad infection ! 
 
 O that for over without gloom 
 
 The first-love of our youth might bloom ! 
 
 Browning are the pipes with heat ! 
 With this wand let us CKpluro
 
 202 
 
 If its surface bo glazed o'er 
 
 For use tlio metal will be meet ! 
 
 See, bath the fusion well succeoded 
 
 Lest our labour be impeded ! 
 
 Each coarser and each soft ingredient 
 
 Do they unite as is expedient? 
 
 For where they flow in sweet comraanion 
 
 And strong and weak have formed an union 
 
 There will the tone be good and pure : — 
 
 Thus he, who binds himself for aye 
 
 The heart's full value let him weigh ! 
 
 Illasion 's short — repentance tarries long and sure 
 
 Lovely in the fair bride's hair 
 Blooms the virgin coronal 
 While pealing gaily thro' the air 
 The Bells chime notes of festival ! 
 But yet Life's merriest happiest day 
 Doth close at once life's jocund May ! 
 With cares and troubles wedlock teems — 
 In twain are rent illusion's dreamF. 
 
 Passion shall fly 
 
 And love must endure. 
 
 The blossom shall wither and die, 
 
 But the fruit must mature. — 
 
 Into life's turmoil 
 
 The husband must hasten, 
 
 He must struggle and toil 
 
 And plant and obtain. 
 
 With skill and craft must seek and gain, 
 
 And stake and wager his all, 
 
 And follow at fortune's call — 
 
 And wealth and possessions stream onward still 
 And precious stores the granaries fill, 
 The space is extended, — more ample the dwelling, 
 The modest housewife in duty excelling —
 
 20'3 
 
 The choerful mother ruleth within 
 
 And doth wisely ordain 
 
 The laws of her household reign. 
 And her dau^jhtcrs' minds rejoiceth to train, 
 
 And checks the noise 
 
 Of the boisterous boys, 
 
 And never lingers. 
 But plies |her work with unwearied fingers. 
 
 And adds to their comforts fair, 
 
 With order and care — 
 And heaps the well- scented wardrobes with more, 
 
 While the spindle whirls round 
 
 With buzzing sound. 
 And in her neat presses doth hoard and store 
 
 The wool shining bright, 
 
 And the linen snow-white 
 And blends the good and beauteous ever 
 
 And rcsteth never. — 
 
 — Now from the roof with well pleased eyes 
 
 The father his fair fortune spies 
 
 Blooming and gay before him rise — 
 
 Behold the far-projecting beams 
 
 Where the rich barn in plenty teems, 
 
 And wealthy garners blest with grain, 
 
 And swelling as a wave of ocean 
 
 The golden cornfield.s' gentle motion. 
 
 And vaunting cries in boastful vein, — 
 
 " Firm as the very earth's foundation 
 
 *• Free from Misfortune's domination, 
 
 " My home stands in its pride." — 
 
 But with the mighty powers of fato 
 
 No truce is closed, no bonds have weight — 
 
 Swift is Misfortune's stride. — 
 
 Now the casting may begin 
 The breach is well indented now, — 
 Yet ere the fluid be poured in, 
 In prayer let us humbly bow : —
 
 204 
 
 Press out the bung with speed ! 
 Heaven aid us in our need ! 
 See ! bursting from their dungeon cell 
 Flame and smoke contending swell ! 
 
 A blessing is the might of fire 
 When man can watch and curb its ire, 
 All he hath formed, all he hath made, 
 He owes unto its heavenly aid — 
 But fearful is that power from Heaven 
 When its own fetters it hath riven, 
 And storms around, in fury wild. 
 Nature's angry free-born child ! — 
 
 Woe ! when the flame madly flows. 
 
 Waxing strong while nought can oppose, 
 
 And whirling angrily fleets 
 
 Through the populous streets, 
 
 For the elements hate 
 
 What the Hand of Man may create. 
 
 Out of the cloud 
 
 The blessing pours — 
 
 The rain streams down in refreshing showers, — 
 
 Out of the cloud 
 
 Darts the lightning fierce and proud ! 
 
 Heard ye that toll of fear from the spire ? 
 
 'Tis the voice of the tempest's ire — 
 
 Red as blood 
 
 Is the sky ! 
 
 Such is not the daylight's flood ! 
 
 What tumult — what riot — 
 
 Where all late was quiet — 
 
 Black vapour on high ! 
 
 Blazing ascendeth the column of firo 
 
 Through the rows of the streets, all higher and higher 
 
 AVith the speed of the storm and the tempest's ire ! 
 
 Steaming, as from a furnace dashing
 
 205 
 
 Glows the air — rnfts arc crashing — 
 
 Beams are crackling — windows clashing — 
 
 Mothers flying — 
 
 Children crying — 
 
 And brntcs are yelling 
 
 'Neath the fall of the dwelling — 
 
 All hurrying, and hasting, and fleeting away, 
 
 For the night is lit up with the splendour of day.- 
 
 Frora hand to hand see the buckets ply 
 
 As thro' links of a chain — and streaming on high 
 
 Arches of water from the engines fly ! 
 
 But howling, bursting thro' the sky 
 
 Hath come the wind, the flame's ally, 
 
 The crackling fire devours the corn, 
 
 Madly rushing through the barn, 
 
 O'crwhelms the rafters with its flood, 
 
 And as in ruthless rage it would 
 
 Tear up the roots of mighty earth 
 
 At once from its foundations forth, 
 
 Blazeth in the heavens bright 
 
 In giant height : — 
 
 Despairingly 
 
 At length man yields to Fate's decree. 
 
 He sees his whole life's labour rent asunder 
 
 With idle look and gaze of vacant wonder. 
 
 Desolate the place, and bare, 
 
 The raging tempest's bed ! 
 
 In blanks now pervious to the air 
 
 Where once the casements were 
 
 Hath Horror raised its head 1 
 
 Clouds flitting in the sky 
 
 AVithin the roofless ruins pry ! 
 
 One glance at his fair fortune's grave 
 
 One glance to bid farewell ! 
 
 One last adieu the wanderer's lips Tuaj' tell — 
 
 His staff ho grasps in cheerful mood and bnivo
 
 206 
 
 Wliatc'cr the ravage of that dreadful fire 
 One sweetest blessing iiath escaped its ire ; 
 He tells the heads of those he loves — and, lo ! 
 He misseth none — none hath the storm laid low. 
 
 Thus far success — for in the clay 
 The fluid hath been duly poured — 
 But will it cause for joy afford 
 When open to the face of day ? 
 For should the casting fail, 
 Or should the mould be frail ? 
 Ah ! while 'twixt doubt and hope our bosoms glow, 
 Misfortune may have struck the awful blow ! 
 
 To holy Earth's uncertain tomb 
 We, what our hands have made, confide, — 
 As in the same dark dreary gloom 
 Their seeds the careful sowers hide 
 'Till beauteous from its depths they glide 
 By heaven blest in fairest bloom : — 
 Seeds yet more precious and more dear 
 We mournfully entrust to Earth, 
 In hope that once they may appear 
 Resplendent at their second birth ! — 
 
 From the tower 
 Tolls the Bell- 
 Low and heavy 
 The death knell ! 
 
 These sounds of mourning from the dome 
 Guide mortal pilgrims to their dark cold home. 
 
 Ah ! 'tis the wife — the well beloved ! 
 Alas ! it is the faithful mother 
 Whom the Prince of Death and Fears 
 From her frantic consort tears : — 
 Slio ne'er shall see her children more 
 Whom blooming to her lord she bore, —
 
 207 
 
 Whom with mother lovo she tended 
 Mildly ruled, from ill defended, — 
 Now these tender bonds must sever, 
 Loosed the joys of home for ever : — 
 She dwells in the shadowy land, 
 She who was that sweet home's mother, — 
 Gone her voice — her glad comm:ind 
 Orders in her stead another ! 
 Void of love, a strangcx'-faco 
 Rulcth from the widovved place 1 
 
 While Ihe Bell is cooling — ye 
 
 Resting gaily from your ti)il 
 
 May sport, and laugh, and joy awhile. 
 
 As free as lairds upon the tree. — 
 As soon as twinkle the stars in the heaven 
 Sounds the Vesper, and rest to the workman is given : 
 But the master must toil in the cheerful dn^'light, 
 And must watch and must ponder in the darkness of night. 
 
 Now through the woods with joyous lay. 
 
 The wanderer wends his hapjjy way 
 
 To his own dear cottage home, — 
 
 The sheep in bleating chorus homeward roam, — 
 
 Anon appears, 
 
 The ample fronted host of steers, 
 
 Cheerily lowing, duly fed 
 
 Marching to their wonted shed ; 
 
 With grain o'crhlled, and heavily 
 
 Tottering on its cx'caking wliccls 
 
 Onward the wagon reels : — 
 
 Glistens on the sheaves to view 
 
 The garland gay of varied hue, — 
 
 For harvest 's o'er — and merrily 
 
 Village maids and youtli advance 
 
 Light-hearted in the jocund dance ! — 
 
 ...Street and mart are still. — Tis lute. — 
 By taper-light, in social mirth.
 
 208 
 
 The loved ones circle round the hearth, — 
 
 Loud creaks the closing city gate ! 
 
 — Obscurity upreareth 
 
 Her mantle o'er the earth — 
 
 But the honest freeman feareth 
 
 Not the hour of night 
 
 Which whelms the villain in affright, 
 
 For all may rest and all may sleep, 
 
 Still shall the Law its vigil keep ! 
 
 Holy order ! Heaven descended 
 
 Blest and blessing ! Who hast blended 
 
 Like and like in joy serene, — 
 
 Of Cities thou the Foundress Queen : — 
 
 Man, who wont in fields to roam. 
 
 Thou gif tedst with a happy home, — 
 
 His heart to softness to incline, 
 
 And social thoughts of love, was thine ! 
 
 And thine — thine own — that impulse grand,— 
 
 — The true warm love of Fatherland ! 
 
 — Thousand busy hands united. 
 
 Each with mutual aid delighted, 
 
 Cheerful labour in communion. 
 
 Prospering in the happy union : — 
 
 With freedom's pride and emulation. 
 
 Men and master are allied, — 
 
 Each worthy in his proper station 
 
 May steorn the scorners who deride. — 
 
 In labour is the freeman's fame, 
 
 Toil entaileth sure a blessing, — 
 
 Let kings be proud, their crowns possessing. 
 
 Our glory of our hands we claim. 
 
 O Gentle Concord ! — Lovely Peace, 
 O hear us ! — Never, never cease 
 To guard from ill our home and land. 
 Never dawn that day of wail —
 
 209 
 
 "Wben ruffian war's rapacious baud 
 Shall ravage this sweet silent vale : 
 Wben the soft blushing hues of even, 
 Which now shine roseate in the Heaven, 
 Must flee before the savage glare 
 Of flames ascending to the air 
 From hamlet-homes and cities fair. 
 
 Break we now the clay-built mould — 
 
 Its task is done, — no more 't is needed : — 
 
 Now with heart and eye behold 
 
 If the Bell have well succeeded. 
 
 Raise the hammer on high : 
 
 Into fragments the cover must fly : 
 
 The mould must be broken and shattered the clay, 
 
 That the Bell may be seen in the brightness of day. 
 
 To break the mould the proper hour 
 Duly the skilful master knows : 
 But woe ! when with its fiery power, 
 Self-freed the metal torrent flows, 
 Blind raging, as with crash of thunder, 
 It bursts the broken bonds asunder. 
 With hell-like fury it hath risen. 
 Destruction darting from its prison. 
 Nought brute monster strength availoth 
 When the aid of reason failcth : 
 Woe unto the hapless nation 
 Blindly whelmed in fi*antic passion, — 
 Woe when the gathered flame ignited 
 Blazeth in the city's heart, 
 And the people, mad excited. 
 Themselves would rend their chains apart. 
 Toll of tumult, rage and fear. 
 Furious howl upon the ear, 
 And vowed before to peace, the Bell 
 Now echoes war and murder's yell ! 
 r
 
 210 
 
 " Freedom — Equality !" they shout, 
 
 And men wax frantic at the sound, — 
 
 Streets, halls are filled with fury's rout. 
 
 And bands of robbers rush around ! 
 
 Women, as hysenas savage, 
 
 Jest at the terrific ravage, 
 
 And panther-like amid the plunder, 
 
 Tear their foemen's hearts asunder. 
 
 Nought more is holy, — every tie 
 
 Of sacred reverence rent and gone, 
 
 The wicked rule and good men fly, 
 
 For vice is lord — and vice alone ! 
 
 The famished lion's rage is dire, 
 
 Deadly the tiger's frantic ire, 
 
 But what more dread, what deadlier than 
 
 Infuriated, frenzied man ? 
 
 Woe ! when the torch, though heavenly, flashes. 
 
 In the blind madman's reckless hand, 
 
 It lights him not, but whelms the land, 
 
 Fair villages, and towns in ashes. 
 
 Grateful be our souls to Heaven ! 
 Splendid as a star of gold, 
 Shining from its husk and even 
 The metal kernel bursts ! Behold • 
 Bright it gleams — above — below — 
 As a sunbeam's radiant glow — 
 E'en the 'scutcheon, neatly graved and clear, 
 Reveals the able master's skill and care. 
 
 Come in, my men, and aid 
 
 Tlie christening of the Bell we've made — 
 
 And " Concord " bo her name. 
 
 Long, long may her sweet voice proclaim 
 
 The call to love and harmony, 
 
 Glad pealing through the jocund sky ! 
 
 For this the Bell hath been created.
 
 211 
 
 The purpose from this day be dated : 
 O'er humble earth exalted far 
 In Heaven's cerulean canopy, 
 The thunder's neighbour she on high 
 Shall dwell, the borderer of the Star ! 
 Her voice be as those orbs above 
 Whose light at eve illumes the sphere, 
 Who praise their Maker as they move, 
 And glide along the wreathed year. 
 To serious and eternal things 
 Be her sonorous tongue devote, 
 While hourly with her echoing note 
 She calls to mind time's fleeting wings ; 
 Herself without compassion's feeling, 
 Yet shall she lend her voice to fate. 
 And of Time's changes onward stealing 
 Be she for aye the faithful mate ! 
 And as her rich tones die away, 
 Which now resounded loud and high, 
 Thus may she teach this world's decay, 
 That thus e'en all on earth must die. 
 
 Now with cords upraise the Boll, 
 
 Lifted from her darksome cell. 
 
 That to the music realm she ri.sc 
 
 Proudly beaming in the skies. 
 
 Heave — pull — away — 
 
 She moves — she hovers — hurrah ! — 
 
 Joy to our city and wealth and increase, 
 
 The first sound of our Hell be the sweet tone of peace. 
 
 THE MOTHER AND HER CHILD. 
 
 The Mother and her Child 
 
 Sank down to sleep ; 
 On hill and heath, with fury wild. 
 
 The winds are raging loud ami do»'p, 
 
 p 2
 
 212 
 
 Their cot's frail walla all trembling shake, 
 But neither Mother nor her Child 
 
 Doth yet awake. 
 But they were friendless and were poor : 
 
 Life had not smiled 
 
 Upon that Mother and her Child, 
 And they were fed from misery's store. 
 No angel guardian was their guide, 
 But sleep, when all was gone beside, 
 Sole comfort to the wretched poor, 
 Deserted not their humble door. 
 
 Yet louder and more wild 
 
 The tempest howls around, 
 
 The but falls to the ground 
 
 On Mother and her Child, 
 
 'Tis lonely on the heath : 
 
 The Mother and her Child 
 
 Still rest in slumber mild 
 
 Their fallen hut beneath. 
 
 HOLLAND. 
 
 {An Epistle to a Friend.) 
 
 Fair arc the climes of Eastern lands 
 And soft and sweet their summer's glow, 
 And on those far and wealthy strands 
 The sounds of pleasure ever flow ; 
 And near the ocean's hollow roar 
 The maidens sport upon the shore, 
 And nought appeal's but pleasure's sway 
 To wile the night and pass the day, 
 And in voluptuous excess, 
 In luxury and idleness, 
 The choicest hours of life are spent. 
 Yet mixed with pain and discontent. 
 For 'neath a surface bland and fair 
 Deceit and falsehood harbour there.
 
 213 
 
 Id those cliracs the spirit of man hath been crushed, 
 
 And the soul is o'erpowercd witli luxury's weight, 
 
 In their hearts the still voice of honour is hushed 
 
 And ignoble and base and vile is their fate ; 
 
 And tyranny smiles with a smile of disdain 
 
 And doubles their fetters and tightens their chain ! 
 
 And slavery, grim in glad triumph apart. 
 
 Frowns on the bondsman and tramps on his heart ! 
 
 But on a cold and dreary shore 
 Less gifted with mild nature's store, 
 There dwelt a nobler, manlier race. — 
 Well worthy they a foremost place 
 Amid the countless nations' throng, 
 Well worthy they the poets' song, 
 And well their noble actions claim 
 The dowry of eternal fame, — 
 
 There streamed the flag of liberty. 
 
 And freedom's shouts were heard on high ; 
 
 There, from their lofty iron throne. 
 
 Tyrannic rulers wore hurled down. 
 
 And the proud braggart chiefs of Spain 
 
 Slunk meanly to their homes again. 
 
 Or stained the earth with princely blood, 
 
 O'erwhelming rivers with its flood, 
 
 And, dying on their gory bed, 
 
 With shame bowed down the haughty head. 
 
 — And Learning raised her ample lore 
 Upon the ruined wastes of war ; 
 And Piety, with precept mild, 
 Curbed the proud heart and fancy wild, 
 And in the land there dwelt content. 
 Where'er the careful stranger went 
 The joys of peace but met his eye ; 
 Ho saw the sweets of liberty, 
 And in this new and altered guiso 
 Holland appeared a paradise.
 
 214 
 
 And her heroes arose, and aronnd the earth 
 Were heard the sounds of their matchless worth ; • 
 
 And her power was mighty, and her fleets were bravo, 
 And her children were styled the lords of the wave, 
 For De Ruyter's broad banner was raised on high. 
 And the streamers of Heemskerk were seen in the sky. 
 
 Where is this land ? this Holland now ? 
 And is her glory sunk so low, 
 And is that mighty nation's name 
 Forgotten now in deeds of fame ? 
 And is he set — that glorious sun 
 The patriot's fervour — is it gone ? 
 Whose rays were brightest once on high 
 Shedding their beams in every sky : 
 And is that flag now doomed to fall 
 That floated proudest once 'mid all ? 
 
 No, ne'er ! Ev'n now upon this strand 
 
 Where once was crushed oppression's band, 
 
 The memory of each noble sire 
 
 Still burneth with unqaenched fire, 
 
 And emulation's lofty pride 
 
 Gleams in some bosoms yet untried, 
 
 And often, too, unknown to guile, 
 
 Is heard the patriot's heartfelt strain : 
 
 Ambition may have slept awhile, 
 
 But soon at length must rise again ! 
 
 And thou, my friend, thy spirit swells 
 
 With memory of former days ; 
 
 Thou lov'st the tales tradition tells 
 
 Of Holland's ancient heroes' praise, 
 
 And mournest o'er that glorious age 
 
 So noted in historic page, 
 
 And gazest then in mute despair 
 
 Upon the aspect now less fair ; 
 
 For dark and drear the future seems 
 
 And scarce a gleam of brightness beams.
 
 2V 
 
 'Whelm not thy mind in dark despair, 
 But let gay hope re-enter there, 
 From darkness oft bright light appears, 
 As splendour oft a shadow wears. 
 
 The sun hath set— and jealous night 
 Boasts of her conquest o'er the light, 
 And black and gloom o'orspread. the sky, 
 Sad token of her victory. 
 But morn appears — and from afar 
 Young Phoobus shincth in his car, 
 And clad with many a dazzling ray, 
 Dispels the mists and welcomes back the day. 
 
 MEMORY. 
 
 Thou kind and truthful memory, 
 I thank thee for thy favoring power, 
 That thou hast granted unto me 
 Bewitching views again to see 
 Which joyed some bygone happy hour ; 
 Thy mirror's wondrous light 
 Unfoldeth every pleasure, 
 And gladness without measure, 
 To my admiring sight. 
 
 Nought sad or mournful doth appear 
 To grieve my pleased gazing eye. 
 Or cause a sigh or sorrowing tear; 
 And joyous sounds do greet mine oar. 
 Glad songs re-echoing mirthfully; 
 
 Each voice breathoa tones of joy,- 
 Too careless that this gladness 
 So soon must change to sadness, 
 And mirth ilsolf must cloy.
 
 216 
 
 But lo ! amid the happy throng 
 Is she — that lovely form of beauty 
 The fairest those fair maids among, — 
 The proudest theme for poet's song, 
 To whom each damsel bows in duty ; 
 Awed by her heavenly air, 
 As softly, mildly smiling, 
 Each present heart beguiling, 
 She reigneth peerless there ! 
 
 Behold those orbs' resplendent ray 
 Shining beneath an angel brow, 
 Well knowing that their magic play 
 Enchanteth every soul away, 
 That each is struck with rapture's glow ; 
 But that bright-beaming eye 
 No pitying ruth expresses. 
 And her dark silken tresses 
 Are dangling carelessly ! 
 
 And did she haply think of me, 
 
 Far borne upon the stormy ocean ? 
 
 While loudly raved the boisterous sea, 
 
 I mused on her unceasingly 
 
 In tempests' rage and waves' commotion ; 
 Bat ne'er she cared for me — 
 Some rival's flattering lore 
 Hath pleased her bosom more — 
 She never cared for me ! 
 
 Then vanish with thy saddening dream, 
 O hated memory, from my heart ! 
 With grief thy recollections teem. 
 Recurring to this mournful theme : — 
 No more to me thy aid impart : — 
 On each revolving day 
 My soul is fraught with sorrow. 
 Thy aid I need not borrow 
 To feel its painful sway.
 
 217 
 
 ELEGY ON 
 
 Oh ! wherefore with those drooping eyes of woe 
 Gaze ye so steadfast on his lowly tomb, 
 
 While from your lips complaining murmurs flow, 
 And every thought is wedded unto gloom ? 
 
 True, he has parted from us in the prime 
 
 Of years illumed with brilliant gleams of hope, 
 
 When he with honour might have sought to climb 
 The steeps of fame and learning's rugged slope ! 
 
 'Tis true ! his was a nobly-gifted mind 
 And lofty and melodious was his strain, 
 
 And one so rich in virtue, one so kind 
 
 We ne'er perchance may meet on earth again. 
 
 And (ye would add) had Heaven been pleased above 
 
 His day of sojourn to extend awhile, 
 Some longer time to spare him to our love 
 
 And from the grave withhold its youthful spoil, 
 
 Then soon with glad triumphant notes of pride 
 Had happy Science hailed her genial son, 
 
 And then with learned sages by his side 
 In honour's paths with glory he had run 
 
 Unscathed the race of merited renown, 
 And we, elate with joy at his success, 
 
 As if to each himself were given the crown, 
 Had hurried to partake his happiness. 
 
 But what cared he for such a transient name, 
 And honour which pcrtaincth to the earth ! 
 
 His was a nobler and a prouder aim 
 
 Thau glory's vaunted wreaths and worldly worth.
 
 218 
 
 But be is gone, ! Restrain those sol lish tears 
 Which pour profusely from each mournful eye, 
 
 For he hath left this world of hopes and fears, 
 And his abode is 'mid the blest on high : 
 
 — There will his spirit find a better home 
 Than fame or fortune could attain below. 
 
 There first (his utmost wish) shall Nature's tome 
 Be seen revealed in light and heavenly glow : 
 
 His was no mean and selfish grovelling soul 
 Bound to the earth by vile corruption's chain, 
 
 Nor could mere mundane thoughts and hopes control 
 His victor spirit in this abject train. 
 
 His book was Nature ; and his study — God — 
 In admiration rapt he gazed on leaf or tree, 
 
 On mountain cliff or on the lowly sod, 
 On ocean or on rill with equal ecstasy : 
 
 At ev'n with thoughts sublime he fixed his sight 
 On those bright orbs that crowd the jocund sky ; 
 
 But did he e'er despise the glow-worm's light, 
 Or gaze on her with dull contemptuous eye ? 
 
 In all the greatness of his God he saw. 
 In all discerned the mighty Maker's hand. 
 
 In all His works he read the heavenly law, 
 And every act with adoration scanned. 
 
 And must we weep that he hath parted hence 
 To realms where dwelleth everlasting joy ? 
 
 Must wo thus loudly mourn with grief intense, 
 While his is happiness without alloy ? 
 
 "When sunken, wan and pallid he reclined 
 Upon his couch on that eventful day,
 
 219 
 
 We wept — but he with accents heavenly kind 
 Thus spako, our sorrow seeking to allay : 
 
 '* My friends ! weep not — our partinj^ is not long 
 And we shall meet in happier climes again : 
 
 Visions of beauty and of glory throng 
 
 Before my view — and yet will ye complain ? 
 
 " Doubt hath been conquered and my happy soul 
 With gratitude awaits its future weal, 
 
 Dark sophistry hath lost her fierce control, 
 Nor longer shall my mind her sceptre feel. 
 
 " Misnamed philosophy had spread the net 
 To seize me in some weak, unguarded hour ; 
 
 In vain the toils with deepest cunning set, 
 
 For Heaven hath torn them with almighty power : 
 
 " And to my ears the voice of Mercy came, 
 
 Which cheers the tortured heart and anxious soul 
 
 And to my eye appeared the heavenly flame 
 Which lighteth to that high, celestial goal : 
 
 " Then weep ye not." He ceased ; a colder hue 
 Suffused the pallor of his languid brow, 
 
 And weakness conquered ; — pale exhaustion flew 
 To seize her prey ; — while fled life's warmer glow. 
 
 Then shone a nobler brightness in his eye, 
 All heavenly calm and how sublimely mild ! 
 
 But for an instant ; — then how beauteously 
 Ev'n in the grasp of death he dying smiled ! 
 
 THE YOUNG KING AND THE SHEniERDESS. 
 (After TThland.) 
 
 On the grassy mead reclining, 'mid the lovely joys of May, 
 Hero beneath the golden sunshine, how shall I begin my lay ?
 
 220 
 
 Lo ! the blue streams glide on softly, gold clouds in the heavens 
 
 sail, 
 Gallantly a troop of horsemen ride along the meadow vale ; — 
 
 On the trees the leaves wave lightly, all around sweet flowers are 
 
 seen, 
 And fair shepherd maidens wander, scattered o'er the village 
 
 green. 
 
 Proudly rode the gallant warriors by the princely Goldmar led, 
 Brightly gleamed his scarlet mantle, bright the crown upon his 
 head. 
 
 With a sudden glance of wonder sprang the chieftain from his 
 
 horse, 
 And unto a linden bound him, while the rest pursue their course. 
 
 Yonder in the bushes welling sti-eam'd a fountain fresh and clear, 
 There the flowers glowed with beauty, joyously the birds sang 
 near. 
 
 Wherefore sang the birds thus gladly ? wherefore seemed the 
 
 flow'rs elate ? 
 Lo ! the loveliest of maidens by the cooling streamlet sate. 
 
 O'er the hedges madly leaping, rushes Goldmar through the green, 
 That the lambs affrighted hasten to the maiden fair of mien. 
 
 " Greeting to thee, God's good greeting ! wondrous lovely shep- 
 herd maid, 
 I would grieve and sorrow greatly, if I thought thee too afraid." 
 
 " Nay, in sacred sooth believe mo that I felt no thought of fear, 
 For I deemed some lad it might be, playing in the greensward 
 near." 
 
 I
 
 221 
 
 " But for pardon yet refresh mo with a cool draught from thy cup, 
 In my grateful heart for ever will I hoard the kindness up." 
 
 " Take the cup, I'll fill it gladly with fresh -water from the spring, 
 For from none would I withhold it. even though he be a king." 
 
 Speaking thus and bending gently gave she him a crystal draught ; 
 Gazing lovingly upon her, the refreshing drink ho quaffed. 
 
 Then he spake of love o'er-mastered, — " Whence that air of 
 
 gentle worth, 
 Sweet as if 'mid yonder flowrets thine had been a fairy birth? 
 
 And thou art begirt with honor, and with grandeur beams 
 
 thine eye, 
 Stately as some royal lady's of a lineage proud and high." 
 
 " Seek my shepherd father, ask him, if he e'er a king hath been ?'' 
 Spake she, — " Ask my shepherd mother when she was enthroned 
 a queen ?" 
 
 Then he threw his mantle round her, o'er her shoulders white 
 
 and bare. 
 And he placed his golden crownlet shining on her nut-brown hair. 
 
 Laughingly she looks and proiidly, loud she spake with joyous 
 
 tone, — 
 ** Kneel, ye lambs, and render homage ! Trees and flowers, yc 
 
 are my own.'' 
 
 Laughingly she then restored him mantle rich and golden crown, 
 But into the crystal streamlet doth he cast the crownlet down. 
 
 " Holy pledge of pure affection, this my crown I leave with thco^ 
 Fought and won must be thu battle ere again thou wilt sec me.
 
 222 
 
 " There hath lain a kinj^ in prison, many a lonpf and weary year 
 Fierce and mighty are his foemen, and his land is waste and bare. 
 
 " With my warriors true and valiant, I will go to loose that king; 
 'Twill be mine to break his fetters that he may enjoy the spring. 
 
 " Glowing for my maiden battle, longer I may not delay, 
 From the victoiy returning, wilt thou greet me as to-day ? " 
 
 " From this streamlet will I give thee draught on draught with 
 
 glad delight, 
 And thy .crown I will restore thee clear as now it is and bright." 
 
 PART II. 
 
 Now of swords and echoing trumpets should I sing and should I 
 
 tell, 
 But I hoar the hautboy's music, and the skylark'o tuneful swell. 
 
 Now my tale should be of corpses, and my song of blood and 
 
 gloom, 
 But I see the budding flowei-s, and the trees are gay with bloom- 
 
 Only shall T sing of Goldmar, — Goldmar's praise let me declare, 
 He alone was first in glory, first in war as with the fair. 
 
 Gallantly he stormed the castle, purple was his glaive with blood; 
 From damp cells that coldly closed him, in the light the old king 
 stood : 
 
 " Hail thou sun— that fadest never ; Hail, hills, fields, and bright 
 
 green wold. 
 Ever young and ever cheerful : — I, alas, am grown so old !" 
 
 Then in royal wealth and splendour there began the victor feast : — 
 Would ye have a true description ? — That would need some 
 present guest.
 
 223 
 
 And had I been at the rerel, had such glorious chance been mino^ 
 All the rest I had forgotten, save alone the royal wine. 
 
 Thus to Goldmar spake the monarch, graciously in courteous 
 
 wise, 
 " All are glowing for the tourney, tell me what shall be the 
 
 prize ? " 
 
 " Mighty king of noble lineage ! Not for spurs or helmet bright 
 Be this day the knightly contest, but a crook and lamb snow- 
 white." 
 
 On their steeds in brilliant armour belted knights their. lances 
 
 wield, 
 For the meed of simple shepherds racing on the grass green field. 
 
 In the ring rode Goldmar boldly, and o'erthrew them knight by 
 
 4 knight, 
 
 And was graced, 'mid sound of trumpets, with a crook and lamb 
 snow-white. 
 
 Once again then spake the monarch, graciously in courteous wise, 
 '* Let there be another tilting, higher far shall be the prize. 
 
 *' For no trifle be this contest, — never such a prize was seen, 
 My own crown shall be the victor's. Beauty's Queen shall be his 
 Queen ! " 
 
 Hopeful glowed each mighty bosom, — anxious for the trumpet's 
 
 call. 
 Each would be the glorious victor : — mighty Goldmar threw 
 
 them all. 
 
 In his hall, 'mid lords and ladies, sate the king in stato and 
 
 power. 
 To the hall is Goldmar summoned, of all knights the star and 
 
 flower.
 
 224 
 
 Then he came, the noble Goldmar, with the crook in his right 
 
 hand, 
 And his white lamb was beside him fastened with a rose-red band. 
 
 Spake the monarch, " For no trifle hath the knightly contest been, 
 My own crown is thine, thou, victor, thine this lady for thy 
 Queen." 
 
 Thus he spake, and from the lady hath he moved the veil aside. 
 But Sir Goldmar on the instant turned away his glance with 
 pride : 
 
 " Queens and ladies cannot gain me, — nothing can a crown avail, 
 Mine the shepherd-maid that dwelleth yonder in the shady vale. 
 
 *' With this crook and lamb I'll greet her, tokens of my change- 
 less love : 
 Fare ye well, ye high born ladies, down unto the vale I rove." 
 
 Lo ! a voice spake sweet and clearly, — and he felt as in that hour 
 When the birds were singing gladly, when with radiance glowed 
 each flower. 
 
 Raising up his eyes unto her, his own shepherdess he scanned 
 Clad in royal robes of honour, — with his bright crown in her 
 hand : 
 
 •* To my father's kingly palace, Goldmar, here I bid thee hail ! 
 Say, is 't still thy wish to wander to thy maiden in the vale ? 
 
 " Take thy crown then ere thou goest, which was 'trusted to my 
 
 hands. 
 See ! with interest I return it, now for one it sways two lands." 
 
 Not much longer stood they parted, princely knight and lovely 
 
 queen ; — 
 But I see your anxious faces, ye would know what next hath been ? 
 
 Quickly could I tell a maiden of their rapture and their bliss, 
 Durst I clasp her, durst I give her, on her red lips kiss for kiss.
 
 I 
 
 225 
 
 EXTRACTS FROM AN UNFINISHED POEM. 
 
 {The Poem Jiere represents Men climbing the hifl of Life in their 
 attempt to attain to tlie portals of wisdom.) 
 
 I. — THE GUIDES. — SAGES AND PROPHETS. 
 
 Ah ! many have essayed to climb in vain ! 
 
 Though strong their minds within, — tho' firm their soul, 
 
 Yet have they failed the blissful height to gain : 
 
 And why ? with vaunting boasts beyond control 
 
 And self-relying pride they sought the goal, 
 
 They laughed to scorn the proffered guides who knew 
 
 Where the dim pathway 'neath the shadows stole, 
 
 Too late alas ! their haughty vein to rue, 
 
 When in the labyrinth lost they sought yet found no clue. 
 
 Kind are the guides unto tho ways of truth 
 And always ready with their favoring aid 
 To fainting age, to boldly earnest youth 
 Not for a moment is their help delayed — 
 Their happy knowledge teacheth man to wade 
 Through blackest doubt and danger's depths. — Away 
 Fly mist and cloud, and darkness' power is stayed : — 
 The haze which o'er the eye had held its sway 
 Hath fled before the brilliant light of sunny day. 
 
 ^He whom the blindness of his country slew, 
 
 Athena! many were thy sins, what timo 
 
 Vile luxuiy held her court in thee and threw 
 
 Around thee all her baneful folds of crime. 
 
 Most deep tho' sunken in the miry slime 
 
 Of guilt, yet 'twas thy vilest deed of all, 
 
 When he, thy worthiest — of soul sublime 
 
 By the base hemlock-bowl was doomed to fall. 
 
 Vice smiled and firmly bound thee in her iron thrall. 
 
 ' Socrates.
 
 226 
 
 He and his son' in soul — whose cnrneet tone 
 
 ^feloclioiis filled the grove of Academe 
 
 With thoughts celestial as might have flown 
 
 From angels' lips — breathing some heav nly theme 
 
 Unto the patriarchs, — of the Light Supreme 
 
 Conversing sweet — for in the olden day 
 
 Not all unworthy did the fathers seem 
 
 Of such high favor — the glad hours away 
 
 They whiled, ere yet men's hearts sank deeper to decay 
 
 These twain, the mightiest of them that know 
 
 Amid the " uninspired " well will guide 
 
 The panting spirit from the vale below 
 
 Along the hoary mountain's craggy side ; 
 
 " Amid the uninspired " ? — nay — allied 
 
 In bonds of closest unity to those 
 
 Whom God had chosen from the circles wide 
 
 Of Israel, — alike their souls arose, 
 
 Alike the tombs their ashes, not their thoughts enclose. 
 
 Is't sinful thus to class — (0 say it not) 
 
 The Heathen sages with the Holy seers ? 
 
 Some from the desert, — some from lonely grot 
 
 Came forth with exhortations and with tears 
 
 To preach the ways of virtue to their peers, 
 
 And suffered persecutions and were slain 
 
 Or mocked and taunted with unseemly jeers ; 
 
 And wherefore did they suffer scorn and pain ? 
 
 They strove to conquer vice and hallow virtue's reign. 
 
 Is not vice earthly ? Virtue from above ? 
 
 If, as 'tis said, the human heart be dark, 
 
 With evil fraught, — unskilled in thoughts of love, 
 
 And wrecked on rocks of sin our mortal ark — 
 
 Whence sprang that light, — whence that brilliant spark 
 
 Which waked the holy flame in Plato's soul 
 
 That it blazed forth on high — a beacon-mark 
 
 Of Heavenly splendour — mighty to control 
 
 The powers of night which o'er the human senses stole ? 
 
 > riato.
 
 227 
 
 Nay — all that is of good hath been inspired 
 
 Ry Him — the only source of every good, 
 
 The soul of Socrates C) by Him was fired 
 
 From grossness cleared and worldly essence rude, 
 
 If in its native state of gloom had stood 
 
 The spring, — could waters pure have issued tlionoe ? 
 
 Unless the seed is sown, — will earth yield food ? 
 
 Whence then hath come that nobler influence ? 
 
 If not from Heaven on high inspired — whence — whence ? 
 
 Pause yet a while — yet pause ere ye condemn 
 Ev'n holiest thoughts when they seem not your own- 
 More priceless far than India's richest gem, 
 The truths which once with deeply sacred tone 
 The Indian sage unto the world made known — 
 " With patience suffer ill — but do thou good, — (-) 
 " Relieve the poor who 'neath their burdens groan 
 " Be gentle — kind, — thy passions be subdued, 
 " The wicked flee — thus wilt thou gain beatitude." 
 
 Brpathe not these words a holiness divine 
 Such as our Sacred Scriptures may reveal ? 
 Yet further dive we in the wealthy mine 
 And of long hidden treasures break the seal ! 
 The Serian prophet(*) — Oh — did he not feel 
 A godlike impulse when he spake with fire — 
 " If ye be earnest for your better woal 
 " In duty's paths to wander never tire, — 
 " To others do as ye from otlicrs would desire !" 
 
 (') Poor Socrates (who next more momorahl*- ?) 
 By what ho tau.qht, and tiufferM for so doing 
 For TKUTii's 8AKK Suffering death unjust, liven now 
 Eqaal in fame to proudost conqaerora. 
 
 Miltoi^, Par. Ri-.j. li. III. 
 
 (2) Words to this effect are found in tlie Ilindo Scriptures of Menu. 
 (*) Confaciiis— who flourished B.C. 2000. 
 
 '^ 2
 
 228 
 
 Can this be all imposture and deceit, 
 
 The sickly hankering after worldly power 
 
 To satiate, — and gain the lofty seat 
 
 Of pride and pomp in some successful hour, 
 
 That 'neath their feet their fellow men should cower 
 
 Down trodden by superior cunning, — chained 
 
 By falsehood's might in superstitions tower, 
 
 While through mere lying skill and artifice deep feigned 
 
 Over men's slavish minds the proud impostors reigned ? 
 
 May it not be that in the gloomy night 
 
 Of Ignorance sole-ruling nigh and far, 
 
 Ere yet arose with deep effulgence bright 
 
 That glorious Sun whose awful ray should mar 
 
 All gloom — that each of these — a lesser star — 
 
 By Heaven's high ordinance shed a partial gleam 
 
 Through mists of error and confusion's jar — ;^| 
 
 Some with more splendor, — some with dimmer beam 
 
 Of radiance — to prepare the earth for Light Supreme ? 
 
 say not this is all a baseless dream ! 
 
 Unto my heart these joyous thoughts will cling 
 
 And with their truth will all my fancy teem : 
 
 O that but worthily my voice could sing ! 
 
 With rapture I would strike the charmed string 
 
 And prove that these my bodings are not vain ; — 
 
 My lyre responds not to th' awakening 
 
 Of themes, but grateful to high Milton's strain : 
 
 He sole hath struck these chords which none dare touch again 
 
 Yet harshly judge not, — for on us doth shine 
 
 The brilliance of revealed holiness, — 
 
 Th' unfettered will of Providence divine 
 
 Hath deigned with heavenly truths our sight to bless, 
 
 And gratefully wo own the rich largess. 
 
 But these high bounties do wo understand ? 
 
 Of sects and creeds do we dispute the less ? 
 
 Religious hatred stalks in every land, 
 
 And love lies prostrate 'neath conteatlon's blood-stain'd hand.
 
 229 
 
 And if, 'mid all this rovelatioD, we 
 
 Are shrouded yet awhile in partial gloom, 
 
 Hearing we do not hear — nor seeing see, — 
 
 And ere the resurrection from the tomb 
 
 "We cannot view in all their clearest bloom 
 
 The solemn mysteries of celestial truth 
 
 Which we from childhood learn — dare wo assume 
 
 (We ignorant of what we know in sootb) 
 
 That all besides is poisoned by imposture's tooth ? 
 
 O thus it should not be ! these systems all, <• 
 
 Perchance, are fitting portions of one whole. 
 Say, have ye watch'd when heavenly fountains full 
 How the sun's brightness through the showers stole 
 As shines the light of Heaven upon the soul, 
 How various were the liues each raindrop bore 
 When dazzled by the brilliant beam's control — 
 Various they gleamed, yet sweetly blended o'er 
 In harmony, until the showers ceased to pour ? 
 
 Thus revelation hath to us been given, 
 
 To each, to all, in strict equality ; 
 
 The kindly power bursting from high heaven 
 
 Hath pierced the terrors dark of mystery, — 
 
 Yet its impression 's not alike to me 
 
 As unto thee, — who also feel'st its might 
 
 With equal force, — 'tis inconsistency, 
 
 We think, — yet may some future purer light 
 
 Our thoughts reveal in sweetest concord blended quite. 
 
 Then, certes, these my fancies are not vain 
 
 Nor hateful they to charitable cyue, 
 
 Return we to the mountain path again 
 
 These thoughts to othuer heads and liearts resign, 
 
 Now to their timely aid whoe'er may piuo 
 
 Surely to gain the rou^jh and steep ascent 
 
 We haste, — and safely as on foaming brine 
 
 Near rocky ledge the pilot's help is lent, 
 
 Thus may we guide them where their perilous steps are bent.
 
 230 
 
 II — THE CHIEF GUIDE. — CURIST. 
 
 Of sagos have I spoken and of seers 
 
 United in celestial bonds of love 
 
 (For thus wo hope) as brothers and compeers 
 
 Alike elected by their God above — 
 
 And now of Him who Lord of all doth move 
 
 Of seers the first, of sages the most sage 
 
 Of spirit mild and gentle as the dove, 
 
 Alone the mightiest of all clime and age 
 
 (Urania, — warm my feeble song with holy rage ) 
 
 Of Him to sing I tune my humble lyre 
 
 Of Him chief guide — whose ready aid will bless 
 
 The steps of all who anxiously aspire 
 
 To reach to wisdom's deepest dark recess, 
 
 Of him who knew not rest or weariness, 
 
 The teacher most divine, — yet human woe 
 
 He suffered, — paying scorn with gentleness, 
 
 And died the death of shame, ev'n He whose brow 
 
 Claimed homage from all sovereign kings below. 
 
 But wherefore weakly celebrate his praise ? 
 
 Him wouldst thou view in godliness arrayed 
 
 And on divinity revealed gaze 
 
 By sacred art to human eye displayed, 
 
 Go thou, — behold that heavenly brow pourtraycd(') 
 
 Beyond mere mortal ken, — gaze and adore ; 
 
 And never can from dullest memory fade 
 
 The meek expression those mild features bore, 
 
 Ev'n absent wilt thou gaze and worship more and more. 
 
 Correggio ! truly, calm religion swayed 
 Thy noble genius witli hor saintly power : 
 High rose thy soul with adoration's aid, — 
 Around thee flitted a celestial shower 
 
 (') The " Ecce Homo " of Corregyio— iu the National Gallery.
 
 231 
 
 Of pure ideas in that blessed hour 
 When first thy pencil touched the task divine 
 Which thou hast left to us — a priceless dower ; — 
 We thank thee for that hallowed gift of thine 
 Before whose aspect meek all humbly we incline. 
 
 Not to the dull I speak who cannot feel 
 In their deep thought a reverential awe. 
 Whose frozen bosoms do not uncongeal 
 And own the warmth of love's reviving law, 
 Not to the witless fool who haply saw 
 Unmoved that holy toil of inspiration's fire 
 (Soulless as rocks when snows around them thaw), 
 Whose grovelling earthliness cannot aspire 
 Beyond the joys of sense or lucre's endless mire. 
 
 On such I would not waste my words, — but ye 
 Whose bosoms glow with gratitude sincere 
 For gracious gifts, — without idolatry, 
 Who dare the semblance of the Lord revere, 
 That brow where might and charity appear 
 Sublimely blended, — the vile crown of thorns 
 Upon his head, — no angry threat or sneer 
 Within those pitying eyes which seem to mourn 
 The foolish ire of them who His high wisdom scorn 
 
 Ye will with me admire the painter's skill, — 
 
 With me the marvel of his art revere,— 
 
 Your souls with mine will feel a solemn thrill 
 
 Vibrating through the heart : — A holy prayer 
 
 Not mounting to the lips, — which he may hoar 
 
 Alone, — for ear of mortal man unmeet 
 
 Will fill each nerve, each vein with joy sincere, 
 
 'Till witleps of its act in concord sweet 
 
 The body's sign the spirit's thankfulness repeat. 
 
 III. — AMBITION. 
 
 Ambition ! without thee what wore man 
 
 In grovelling meanness creeping forth his life, —
 
 232 
 
 In worthlessness thus eking out his Bpa,n 
 
 Of time ? The early dawn of all is rife 
 
 With noble thonghts and aspiration's strife 
 
 To act some brave exploit, some worthy deed 
 
 Ere our defeat by death's relentless knife : 
 
 Sweet infancy doth sow the generous seed, 
 
 And youth matures, and manhood gains the glorioas meed. 
 
 But if this seed should die, — a breathing thing 
 
 Of earth, — a moving mass of paltry clay 
 
 The man becomes — a brutish hankering 
 
 For vilest joys to waste the fleeting day, 
 
 And drive ev'n gems of honest thought away, 
 
 Lords o'er the spirit with fiei'ce energy : 
 
 We must or rise or fall, — but cannot stay 
 
 Content with nature's gifts, — we soar on high 
 
 Or batlike to black depths and gloomy darkness fly. 
 
 Then let us soar, — nor may wo soar with pride, 
 
 The lordly eagle in his airy height 
 
 In conscious strength, and all beneath defied, 
 
 With haughty power takes his lofty flight, 
 
 In heaven's arch unviewed by mortal sight 
 
 Proud monarch of the skies, — fit emblem he 
 
 Of self-exalting pride, — when men in might 
 
 With thankless arrogance and tyranny 
 
 Burn but for selfish lust and nought beside on earth can see. 
 
 The gentle lark in yon cerulean cope 
 
 Hath left the earth to sing a gladsome strain 
 
 Of love and gratitude and joy and hope. 
 
 As if on hif^h to seek a purer fame, 
 
 And bring the olToring of her tuneful vein 
 
 Ev'n to Heaven's threshold, — as in communing 
 
 With spirits of the bright celestial train, 
 
 Chirping her fond delight in the reviving spring 
 
 And singing sympathy with each created thing.
 
 233 
 
 Ev'n so let us aspiring to a goal 
 
 Beyond this mortal state — this earthly mould 
 
 Not mount in self-exalting pride of soul 
 
 With high disdain and vauntings overbold, 
 
 But may our every thought and wish enfold 
 
 Meek charity for all, and kindly love 
 
 And gratitude heartfelt and uncontrolled 
 
 To Him, whose mighty influence from above 
 
 Hath caused our hearts with nobler throbs to move. 
 
 lY. — FUTURITY. 
 
 Futurity ! dark daughter of Old Time ! 
 
 Who surely knoweth what thou art ? Hath eye 
 
 Beheld thee ? and can human thought sublime 
 
 Declare thy wondrous page of mystery ? 
 
 We rush to seize thee, — thinking thou art nigh, 
 
 But ever thou escapest from our view, 
 
 Deceiving our attempt incessantly : — 
 
 Thy gifts thou leavest as thou passest through 
 
 Of mingled good and ill, — to thee we find no clue, 
 
 " I see her paths, ' — the wise man saith in pride, 
 And vaunteth that his weak imperfect sight 
 Can penetrate the mists that round thee glide : — 
 The mighty victor in some valiant fight 
 Doth hurry to o'ertako thee in thy flight. 
 And boasts, — " The future is my slave — and I 
 Shall lead her chained obedient to my might," 
 But thou o'erwhelmst with film the wise man's eye. 
 And smilest at the mighty's threat derisively. 
 
 But One is greater yet than thou : and Ho 
 
 Still more incomprehensible to man. 
 
 At His high beck in deep humility 
 
 Thou bowest down, nor canst His precepts scan ; 
 
 Ho spcakcth, — and His wise unerring; plan 
 
 Thou dost obey and troadeston the lino 
 
 By Him from lofty throne cerulean 
 
 Ordained, and all those couutk'ss giftvs of thine 
 
 Are but behests of His omnipotence divine.
 
 234 
 
 To us thou seemest as the ocean waves 
 Whose endless depths conceal in darkest night 
 Ti-easures untold and monsters in their caves : — 
 To us thou art some lofty mountain's height 
 Whose peaks restrain our vainly gazing sight, 
 Nor can we tell what countries sad or gay 
 Beyond those cloud- capt steeps enjoy the light ; 
 But the dark wave is bright with Faith's mild ray, 
 And yon huge rocks the lovely tint of Hope display. 
 
 REVERIE. 
 
 Sweet Poesy sighed thro' the valley fair, 
 And autumn breezes sang in the air, 
 And my soul was attuned to their mournful tone 
 As in the shade I reclined alone. 
 
 For I thoujiht of two whom I there had seen 
 In days when pleasure and joy have been ; 
 I dreamt of their joys — their pleasures fled — 
 And weeping hid in my palms my head. 
 
 Then I sought the spots that told of their flame 
 When of sorrow they scarce could name the name ; 
 My blank gaze of pain was fixed on the ea'th, 
 And a teardrop stained the scene of their mirth. 
 
 Then — Hope clung around them brilliant and clear 
 As Saturn's ring in the starry sphere, 
 But that circlet, though nigh, never reaches the star, 
 And Hope seeming near — is ever afar. 
 
 And I thought of the feelings that guided his hand 
 
 As ho traced her name upon the sand, 
 
 The name in his soul indelibly fixed, 
 
 By love ever true and warm and unmixed. 
 
 I
 
 235 
 
 And musing I sought upon the ground 
 The cherished trace of his love profound,- 
 In vain, — for the world had passed in wrath 
 And had left no sign of love in its path. 
 
 Perchance other names have come and have fled, 
 And the writers may dwell in realms of the dead 
 Yet in vain on the earth for aid do we call, 
 The mark it retains is — " Oblivion of all." 
 
 'Neath these sombre thoughts my spirit quailed 
 And I sought to behold the future unveiled, 
 With the secrets of time and age to cope, 
 And to seize on more than the weak ties of hope. 
 
 After pain and grief — man's common lot, 
 Will the bonds of affection be ever forgot ? 
 After these moments of joy on earth's shore, 
 Will the sweetness of bliss exist no more ? 
 
 As on earth is lost love's trace and breath. 
 Thus shall it be in the coldness of death ? 
 They who have lived but for love before, 
 Must they lose its delights for evermore ? 
 
 Nay — said I then, — love dwelleth on high, 
 For — to love — it is Heaven, — there love cannot die, 
 The sweet dawn of bliss perchance may be here, 
 But the broad day beams in the heavenly sphere. 
 
 Then why of the briefness of pleasure complain ? 
 For nothing may rend felicity's chain : 
 Here the dawn : and on high the sun shining bright, 
 Whence ever beams brilliance and joy and delight.
 
 236 
 
 THE BLIND KING. 
 
 f After the Qerman of Uhland.) 
 
 Yon northern warriors, — why stand they 
 On the rocks, with shields and glaives ? 
 The blind King, with his silver hair, 
 What doth he by the waves ? 
 He cries in bitter anguish, 
 As o'er his staff he bent, 
 And the lone isle in sadness 
 Re-echoes his lament : 
 
 " Yield, Robber, from thy rocky lair 
 
 My daughter to my arms : 
 
 Her harp — her cheerful ditties were 
 
 My waning life's sole charms, 
 
 TJnto the shore thou camest 
 
 Upon her as a thief, — 
 
 In thee, 'twas foul dishonour, 
 
 But I sink down with grief." 
 
 The Robber from the rocky cleft 
 
 His savage shape revealed : — 
 
 He swung on high his giant blade 
 
 And taunting struck his shield : 
 
 *' Where were her guards ? — Durst no one 
 
 To save the princess stir ? 
 
 Hast thou not many warriors, — 
 
 Why fight they not for her ? " 
 
 But silent all the warriors stood 
 And from the band stepped none : 
 Then slowly turned the old blind King : 
 •' Am I left quite alone ? " 
 The father's right hand grasping, 
 Thus spake his youngest son : — 
 *' Fear not — I feel the power, 
 By me the deed bo done ! "
 
 • 237 
 
 " My son ! he hath a giant's might 
 Which none durst yet withstand : 
 But that thou'st noble nei've, I feel 
 & By the pressure of thy hand. 
 
 % Then bathe my ancient falchion, 
 
 * Skald-hallowed in his blood, 
 
 And if in death thou fallest, 
 My grave shall be yon flood." 
 
 And lo ! the light boat o'er the wave 
 Upon the white foam glistens : — 
 With all around him hushed and still 
 The blind King stands and listens : 
 'Till shields and falchions clashing 
 Are heard resounding high, 
 And battle cries and shouting, 
 And echo's dim reply. 
 
 He spake in mingled hope and fear — 
 
 " What see ye of the fight ? 
 
 I heard my old sword's keen clear tone, — 
 
 That was a stroke of might." 
 
 " Fallen is the Robber, — fallen, — 
 
 He hath his doom at length ; 
 
 Thy gallant son hath vanquished 
 
 The giant's monster strength." 
 
 Again the blind King stands and listens. 
 
 And all around is dumb, — 
 
 " I hear oars dashing on the wave, 
 
 Tell me what sec ye come ? " 
 
 " They come in joy together. 
 
 Thy son with sword and shield, — 
 
 And with her golden tresses. 
 
 Thy lovely child Gunilde." 
 
 " Now welcome ! " from the lofty rock 
 Then cried the grey-haired chief, —
 
 238 
 
 " I go not to my tomb in shame, 
 My age is free from grief, — 
 But place in peace beside me. 
 My son, the ancient glaive, — 
 And thou, Gunilda, sing me 
 The death-song o'er my grave." 
 
 ODE. 
 
 {From Horace.— Lib. II. Od. 18.) 
 
 No ivory — no golden ceiling 
 
 Adorns my modest home : 
 No marble pillars wealth revealing 
 
 Proudly support the dome, 
 No regal fortune, princely dwelling 
 
 Hath fate vouchsafed to me, 
 I am not clad, in state excelling, 
 
 In robe of sovereignty : 
 A vein of wit by nature's blessing 
 
 And honest heart are mine. 
 Yet me to honor, nought-possessing. 
 
 The wealthiest incline : 
 Why should I then the Gods importune 
 
 To add unto my store. 
 Contented with my humble fortune 
 
 I could not wish for more. 
 Day hastes to follow day and truly 
 
 New moons but come to die, 
 The tomb awaits thy ashes duly 
 
 Mid all thy pageantry. 
 Yet mindless of the fatal hour 
 
 On high thou buildst the hall. 
 Insatiate with thy wealth and power 
 
 Thou fain wouldst seize on all ; 
 Thy neighbour's farm, thy neighbour's dwelling 
 
 All would'st thou have for thee, 
 'Gainst justice and 'gainst law rebelling 
 
 With base cupidity ;
 
 239 
 
 While from their home unjustly driven 
 
 The husband and the wife 
 (The babes exposed to winds of heaven) 
 
 Must linger out their life : 
 But one sure homestead there remaineth 
 
 Than all on earth more sure, 
 The dark abode where Orcus reigneth 
 
 Alike o'er rich and poor, 
 Just earth entombeth ev'n the poorest 
 
 With sons of royalty, 
 And Charon thou in vain allurest 
 
 For gold to set thee free : 
 Great Kings renowned in ancient story 
 
 He holdeth in his might, 
 Far famed of old for warlike glory- 
 Now doomed to endless night : 
 Invoked in pity he hath risen, 
 
 And uninvoked, — to free 
 The hapless poor from their earth-prison 
 
 And grant them liberty. 
 
 PROCRASTINATION. 
 
 Thrice blest and happiest of mankind 
 Is he who in his secret mind] 
 In silence musing and alone 
 May smiling hear each grateful tone 
 Which truthful conscience whispers then- 
 Happy above his fellow men. 
 And light of heart and cheered in eoul, 
 For nought can his glad joy control. 
 
 Within him reigns the peace of Heaven 
 (Of future bliss a foretaste given) — 
 For mild and beauteous — bright and fair 
 The sun of innocence shines there : —
 
 240 
 
 But in the heart what torment dread 
 When thoughts of duty once have fled — 
 The voice of conscience stern and drear 
 Upbraiding whelms the soul in fear. 
 
 Who can deny the painful truth 
 
 (And yet 'tis wondrous strange in sooth), 
 
 The ways of happiness we know, 
 
 Yet ever seek the paths of woe : — 
 
 Duty fulfilled gives purest joy 
 
 Serene and fair without alloy, 
 
 Yet ever we behold mankind 
 
 To all its boundless blessings blind ! 
 
 Is it our fate and doom ? Are we 
 Thus slaves of tyrant destiny ? 
 Against the dictates of the breast 
 And reason's law, — the heart's behest, 
 In folly's steps to wander still 
 Vile rebels to our proper will ? 
 Can nought avail to burst in twain 
 Procrastination's despot chain ? 
 
 Where'er the demon hath his shrine, 
 Thence happiness and peace have flown, — ' 
 Though sense of right and thought of wrong 
 Within the heart united throng, 
 And conscience rageth, — and — away 
 Her voice wo hasten to obey, — 
 Again is heard the magic spell, 
 " Will not to-morrow be as well ? " 
 
 In vain stern conscience speaks — in vain, — 
 Though endless misery rack the brain, — 
 And self-accusing bootless ire 
 May scourge the mind with torments dire.
 
 241 
 
 Relentlessly from day to day 
 The fiend yet urgeth more delay, 
 And spite of pain, — in spite of sorrow 
 Ev'n yet we tarry till to-morrow. 
 
 To-morrow ! Is our chance of pleasure 
 
 So great, — so certain beyond measure 
 
 That to to-morrow we delay 
 
 Ev'n bliss that might bo ours to day ? 
 
 But we are mad ! — Man, boastful man, 
 
 Embitters still his little span — 
 
 In wisdom weak, — in folly strong, — 
 
 The right he knows, — he doth the wroiiir. 
 
 'Tis done ! — but in that anxious hour 
 The inward stoi'm begins to lour ; 
 And what can stem the tempest's force i' 
 And what can stay his ruthless course ? 
 Away is hope, — and joy away, — 
 And gloom and grief in dai'k array 
 Have fettered with their mighty chain 
 The heart where peace alone should reign. 
 
 But even then sweet Mercy's voice 
 May bid the mournful heart rejoice, — 
 Etherial Pity's accents mild 
 May lull the storm and tempest wild, — 
 And gentle Pardon's kindly tone 
 May soothe the sad repentant groan, — 
 And Charity's celestial sway 
 May drive all care and grief away. 
 
 Yet suppliants oft would raise their prayer 
 These generous In'ncfit.s to share, — 
 They fain would hope their judgr's mind 
 To soft and icuieut thoughts inclined,
 
 242 
 
 But dare not pray. — For faults too grave 
 Cannot a gleam of pity crave, — 
 O'erwhelmed with gloom and mute despair, 
 They must endure their weight of care. 
 
 THE GOLDSMITH'S DAUGHTER. 
 
 [From the German of Uhland.) 
 
 There stood a goldsmith in his booth, 
 'Mid pearls and diamonds rare ; 
 " My richest treasure in good sooth 
 Art thou, my lovely Helen, 
 My daughter sweet and fair." 
 
 Entered a knight in proud array : 
 
 " Good day — thou maiden fair, 
 
 And honest goldsmith mine, good day ! 
 
 Make me a bridal crownlet 
 
 To deck my own love's hair." 
 
 And when the crownlet rich was made 
 
 And in bright splendour shone. 
 
 Fair Helen's brow was tinged with shade 
 
 As on its brilliance gazing 
 
 She softly sighed alone ! 
 
 " O blest and happy is the bride 
 
 Whoso own this crown may be, 
 
 Oh ! boundless were my joy and pride. 
 
 If but a wreath of roses 
 
 Yon knight had given me," 
 
 And when the beauteous ring was made 
 
 With rare and precious stone, 
 
 Fair Helen's brow was tinged with shade
 
 243 
 
 As on her slender finger 
 She placed it when alone. 
 
 " Ah ! blest and happy is the brido 
 
 Whose own this ring may be, 
 
 Oh ! boundless were my joy and pride 
 
 If of his dark hair streaming 
 
 One lock yon knight gave me !" 
 
 And soon returned the noble knight, 
 
 The ring with care he eyed — 
 
 *' Good goldsmith ! thou hast wrought aright 
 
 These beauteous wedding presents 
 
 For my beloved bride. 
 
 " But how would they become my bride ? 
 
 Come, maiden, here to me. 
 
 And let these gems on thee be tried 
 
 These gifts for my beloved, 
 
 As fair as thou — is she." 
 
 It was upon a festal morn, 
 In neatest garb arrayed, 
 Well meet her beauty to adorn, 
 The church bell's call awaiting 
 Tarried the lovely maid. 
 
 Her cheek suffused with modest glow 
 
 Obeyed she his command. 
 
 He set the crown upon her brow, 
 
 The ring upon her finger 
 
 And gently took her hand : 
 
 " My Helen ! my love and pride ! 
 This sport hath reached its end — 
 Thou art my own, my beauteous brido 
 For whom this ring so costly, 
 This crownlet I intend. 
 b2
 
 244 
 
 'Mid pearls and diamonds and gold 
 Hixst thou dwelt since thy birth, — 
 Be hence thy nobler fortune told 
 That thus with mc thou riscst 
 To honor, rank and worth." 
 
 A DREAM. 
 
 I lay in silent midnight's solemn hour, 
 
 Reclining on my couch in dreamful ease, 
 My closed eyelids felt kind slumber's powei', 
 
 And waking cares were gone. — And as a breeze 
 That rustling passeth through both highest trees 
 
 And weakest shrubs unseen, my fancy fled, 
 Now resting in the pomp of palaces, 
 
 Now where affection's bitter tear was shed, 
 
 There blest with joy, — here lost in charnels of the dead. 
 
 And to and fro, in gladness and in gloom, 
 
 Thi'ough pathless wilds I did not dare to roam, 
 And sudden, from what seemed the land of doom 
 
 (The blackest shapes were there, and fiend and gnome 
 There had the fated horrors of their home), 
 
 Sudden as darts the brilliance from the cloud, 
 I was within a bright majestic dome 
 
 Amid rejoicings of a happy crowd. 
 
 Delight shone on each brow, and joyous mirth was loud. 
 
 It was a princely hall. — There T beheld 
 
 A form of loveliness as wont to grace 
 The fairy visions of the bards of old ; — 
 
 Enrapt I gazed upon the angel face. 
 And in those lineaments I sought to trace 
 
 Her spirit's truth ; — and as she glided on, 
 My willing view was chained unto the place 
 
 Where she had stood, — as eyes are fixed upon 
 
 The hoi'izon's beauty, even when the sun is gone. 

 
 245 
 
 And if it be that every gentle smile 
 
 Was but the reflex of a gentle thought, 
 And if it be that there could lurk no guile 
 
 In the pure tear that started as unsought, 
 When to her ear a tale of woe was taught, 
 
 Amid this dazzling grandeur ; — if the blue 
 Of loveliness, with which those orbs were fraught. 
 
 Told but the spirit's faith with their sweet hue. 
 
 And if each talo of holy sympathy were true ; 
 
 Then was she blest indeed as blessing all, 
 
 A mortal maid with soul of heavenly birth ; — 
 But I was troubled, — well I knew that gall 
 
 Embittered oft the seeming sweets of earth ; 
 That face might smile mid happiness and mirth, 
 
 Ev'n as the flower that driuketh with delight 
 The sunbeam's warmth, and yet be little worth ; 
 
 The flower closing fears th' embrace of night ; 
 
 That brow perchance may shrink from sad misfortune's blight, 
 
 I thought again and feared. The lovely blue 
 
 That reigneth in the southern sky sei'enc 
 Is false, — most false : — black clouds start up to view. 
 
 And swift the lightning flash of rage is seen 
 Withering the beauteous grace of nature's mien, 
 
 And peals of thunder laugh men's woes to scorn. — 
 My mind misgave me, for such things have been, 
 
 The loveliest eyes a scowl of ire have worn. 
 
 And gentle-seeming lips have scoffed at the forlorn, 
 
 I grieved ; I strove to road the heart. The scene 
 Of gladsome revelling hath passed away, 
 
 (The fancy is omnipotent, I ween,) 
 
 And where had shown the column's bright army, 
 
 And where had echoed now the minstrel's lay 
 
 Where beauty's children danced in health's sweet glow, 
 
 I saw a white-robed maiden kneeling pi*ay 
 Beside a bed of poverty and woe ; 
 And from a sickly form I hoard kind blessings flow.
 
 246 
 
 A dying mother lay there ; on her face 
 
 A radiance shone, the death-foreboding gleam ; 
 
 Her wan cold hands have clasped in cold embrace 
 A smiling child ; — her dim eyes teem 
 
 With tears o'erflowing in a bounteous stream 
 Of gratitude ; — she spake not, but she blest ; 
 
 And while her spirit passed through life's last dream, 
 Into that maiden's arms her babe she pressed : — 
 The babe was smiling still, and strove to be caressed. 
 
 And she, the dying widow's dearest friend, 
 
 The chosen mother of the motherless, 
 She who disdained not in meek prayer to bend 
 
 Before the throne of heavenly holiness 
 Even in this cot of want and of distress ; 
 
 She raised her brow ; — I gazed ; — How came she there ? 
 And could that maid of brightest loveliness. 
 
 Of all these high-born beauties the most fair, 
 
 With misery thus join in sympathising prayer ? 
 
 How came she there ? — I cared not, — I was glad : 
 
 I had no more misgivings ; and I felt 
 The bodings vanish that had made me sad ; 
 
 My vision still upon the lady dwelt. 
 As with that infant in her arms she knelt, 
 
 But saw no more her beauty's richness : — love — 
 Pure love, in chastest gleams upon her dealt, 
 
 Enshrined her face, — as on her from above 
 
 He shone, who came to earth in semblance of a dove ! 
 
 All grew confused : — The palace and the cot 
 Imminglcd strangely and as one did seem ; 
 
 The gay and that poor one, whose mourning lot 
 Had scarce felt joy in raptures of a dream. 
 
 Were all irradiate with the same pure gleam ; 
 All seemed a mass confused ; but yet I know 
 
 That all was blended in a lovely scheme 
 Of harmony : — cv'n as in heaven we view 
 Distinct and blended yet each beauteous rainbow-hue. 
 
 I
 
 p 
 
 I 
 
 247 
 
 And then I heard the whisper of a voice, 
 
 ('Twas all around, yet whence I could not tell^, 
 
 It spake : — " Love, love unmixed bo all your choice ; 
 '• The mighty that in pomp of grandeur dwell 
 
 ** Stoop to the miseries of a wretched cell, 
 
 " And then are first ennobled ; the soft breath 
 
 " That wafteth music to misfortune's knell, 
 
 " Comes doubly blest at your own hour of death : 
 
 " Pure love is more than hope, and holier yet than faith. 
 
 THE STATUE OF BACCHUS. 
 
 {Afte}' Wiland.) 
 
 Callisthenes, a gay Athenian youth, 
 After a night of festive pleasures spent, 
 A withered ivy wreath in his loose hair. 
 Came in the early twilight reeling home — 
 Himself like twilight — gloomy, faint, and pale. 
 
 As through his gallery, with siatues grand, 
 A slave into the chamber led the youth, 
 In the red torch-glare suddenly there stood 
 The marble shape of Dionusos forth — 
 A wond'rous triumph of the sculptor's art. 
 The god-like semblance showed a lovely boy : 
 Through whose long, richly-waving tresses shono 
 The shoulders, chiselled into perfect form : 
 And underneath a garland, freshly wreathed, 
 Of vino-leaves, jewelled with luxuriant grapes. 
 Appeared the fulness of the blooming face. 
 
 Callisthenes, awe-stricken, started back 
 Before the brilliance of the life-like god : 
 He felt as if with yon dread Thyrsus wand 
 The presence in rebuke had touched his brow, — 
 As ateriily spoke the animated lips : —
 
 248 
 
 " Why dost thou haunt here — tottering shape of night- 
 
 Gloom-visagccI shade bereft of strength and sense ? 
 
 Thou hast profaned my sacred ivy crown, 
 
 And, shameless, dar'st to call thyself my priest. 
 
 Away from me : I know not thee or thine : 
 
 Creative nature's plenitude am T, 
 
 Most meetly imaged in the precious juice 
 
 That flows in godlike bounty from the vine, 
 
 If your licentious orgies need a god, 
 
 On sunny vine-grown hill-sides seek him not ; 
 
 Seek whom ye want in Hades' gloom below." 
 
 The presence ceased ; the torch-light was obscured— 
 The youth into his chamber groped ashamed ; 
 He took the ivy garland from his head, 
 And silently, within his secret heart, 
 Unto his conscience swore a solemn vow. 
 
 NATHAN DER WEISE. 
 
 {Criticism written for the " Observer.") 
 
 [It is surprising, indeed, that no English translation of 
 this exquisite work, at once displaying the classic elegance and 
 argumentative power of Goethe, and glowing with the warm 
 sympathies of Schiller's genial spirit, has yet been attempted. 
 Ear more beneficial would such a translation be than the cold 
 renderings of the metaphysical subtleties and icy abstractions of 
 so-called German philosophers, who scarce dare venture to assert 
 that they understand the dogmas which they so confidently 
 enunciate — with which the English public is at present deluged. 
 
 The spirit of " Nathan der Weise " is the spirit of charity — 
 that charity which pervades the gospel, and which is found beau- 
 tifully expressed in what is known in St. Jerome's Works as the 
 testament of the beloved disciple : — 
 
 " S. Hieronymus in Ep. ad Galatas, c. 6. — Beatus Joannes 
 Evangelista, cam Ephesi moraretur usque ad ultimam senec- 
 tutem, et vix inter discipulorum mauus ad Ecclesiam deferretur, 
 neo posset in plura vocem verba contexere, nihil aliud per
 
 [ 
 
 249 
 
 singulas solebat proferre collectas, nisi hoc : Filioli diligitc altcr- 
 utrum. Tandem discipuli et fratrcs qui aderant, taBdio afFecti, 
 quod eadem semper audircnt, dixerunt, Magister, quare semper 
 hoc loqueris ? Qui respondit dignam Joanne sententiam : Quia 
 prseceptum Domini est, et si solum fiat, sufficiat." 
 
 •' The blessed Evangelist John, \vhen in extreme old age he 
 dwelt at Ephesus, and scarcely could be borne to the church on 
 the hands of the disciples, and could no longer give expression 
 to connected sentences, was wont at each collect to utter these 
 words : — ' Little children — love one another.' At length the 
 disciples and brethren who were present, afflicted with weari- 
 ness, because they always heard the same thing, said — ' Master, 
 why sayest thou always this F ' And the Evangelist made a 
 reply worthy of his name : — ' Because it is the precept of the 
 Lord, and if this alone be done, it is enough.' " 
 
 In this spirit, the spirit which should dwell in all religious 
 spirits, of whatever sect or name, the great Lessing wrote, — and 
 was not less a Christian because he wrote thus. This spirit, wo 
 trust, is gaining ground among the various divisions of Chris- 
 tians in this colony : let them vie in love, — and in humility 
 learn that they may disdain nothing, simply because it is not 
 " their own," — not consonant with the prejudices of their sect. 
 
 Disdain thee ? — Not the worm beneath my feet ! 
 The Fathomless has care for meaner things 
 Than man can dream, and has made pride for those 
 Who would he what they may not, or tvould seem 
 That which they are not. 
 
 The scene is in Jerusalem. The Sultan has commanded the 
 Jew's presence, as the latter believes, for the purpose of replen- 
 ishing his coffers ; but of a far different nature are the enquiries 
 made of him. We give a portion of the scene, and the parable 
 of the ring ; and this parable of the ring no man can read 
 without advantage.] 
 
 Saladin 
 
 — Since thou art 
 So wise, so very wise, — tell me of all 
 That thou dost know — what laws, whot faith 
 Hath given thee clearest light? 
 
 NATHAN. 
 
 Sultan, I am 
 A Jew
 
 250 
 
 Saladin. 
 
 ^ And I — I am a Mussulman ; — 
 
 The Christian is between us. — Of these three 
 Religions only one can bo the true. 
 A man, as thou, remains not motionless, 
 Where the mere accident of birth has placed him ; 
 Tf he continue there, 'tis from conviction, 
 Grounds for his choice — election of the best. 
 
 tell me this conviction — tell the reasons 
 For which the time has failed me to search out 
 Myself ; and let me know in confidence 
 
 The choice in which these reasons fixed thee, for 
 
 I'd make thy choice my own. — What ! Dost thou start ? 
 
 Thou weigh'st me with thine eye ? — Well, it may be 
 
 That I'm the first, the only Sultan, who 
 
 Has had so strange a whim — and yet in truth 
 
 It is a whim I deem not quite unworthy 
 
 E'en for a Sultan. — Is't not true ? — Then speak, 
 
 Speak on. — Or would'st thou have a moment 
 
 To think — collect thy thoughts — I give it thee. — 
 
 Consider, quick, consider; — in an instant 
 
 1 shall return. 
 
 Nathan (alone). 
 
 'Tis wonderful ! What can 
 This be ? What will the Sultan ?— What ? I come 
 Prepared to give him gold — and he asks " Truth," 
 Truth, truth, — and wishes it so clear and plain, 
 As if the truth were coin ! — if 'twere but 
 The coin of ancient ages, told by weight — 
 This would be possible — but modern coin, 
 Made by the stamp alone, and which alone 
 May ring upon the counter, — truth is not,^ 
 As gold into a sack, must truth be thrust 
 Into the head ? Who then is here the Jew ? 
 Am I or he ? — But how — should he require 
 The truth but not in truth ? — Away, away. 
 Can I suspect him that he sought the truth 
 But as a trap — this were too mean — too little !
 
 251 
 
 Too littlo ? — What, for great men can there be, 
 Too little ? Nay — I must bo watchful — how ? 
 How that ? — To be so thoroughly a Jew 
 In meanness, 't must not be ; to cease to bo 
 A Jew at all, that's still less possible ; — 
 For if no Jew, he needed bnt to ask me, — 
 Wherefore not Mussulman ? — I have it now, 
 Not children only do we feed on ables. 
 He comes — now let him come- 
 
 Saladin enters after a little time, and Nathan is prepared to 
 reply to the great question asked by the Sultan, but begs per- 
 mission to preface his answer with a fable. He then proceeds. 
 
 Act 3. — Sceke 7. 
 Nathan. 
 In grey old years a man dwelt in the East, 
 Who from a loving hand possessed a ring 
 Of priceless worth : — The stone, a beauteous opal. 
 In which a hundred lovely colours wantoned. 
 Had this mysterious virtue, that it rendered 
 The owner, — if in steadfast faith ho wore it. 
 Beloved in sight of God and man. What marvel, 
 That with this treasure blest, the Eastern man 
 Ne'er took it from his finger, — and disposed it 
 That it should never leave his house, but bo 
 For aye an heirloom. In this wise he did so ; 
 He left the ring unto the most beloved 
 Of all his sons : further with this behest, 
 That ho again should give it to the son 
 Best loved of him : and that the best beloved 
 Should aye without respect to birth or ago, 
 By virtue of the ring alone, be chief 
 And ruler of the house. — Thou hcar'st mo, Saltan. 
 
 I hear thee. Further. — 
 
 Nathan. 
 And so this ring came down from son to son. 
 At length unto a father of three son.s — 
 Who all so vied in filial dutoousness,
 
 252 
 
 That the fond father could not choose but lovo 
 
 Them all with equal love. From time to time 
 
 The one now seemed, and now the other, now 
 
 The third, as each might be alone with him, 
 
 (For then the brothers could not share the fulness 
 
 Of his o'ergushing heart,) the worthiest 
 
 To have the ring, which in his pious weakness 
 
 He also promised each. This for a time 
 
 Went well. At length it came to dying, and 
 
 The kind good father was perplexed. He grieved 
 
 That he was doomed to injure two dear sons 
 
 Who lived in full reliance on his word. — 
 
 But what to do ? — How act ? 
 
 Unto an artist he in secret sends 
 
 And orders two more rings ; — no cost, no pains 
 
 Are to be spared to render each of these 
 
 A perfect likeness to that precious one. 
 
 The artist fails not. When he brings the rings, 
 
 The father's self no longer can distinguish 
 
 The true ; — and, in triumphant joy, he calls 
 
 His sons unto his side, but each apart 
 
 And unto each apart he gives his blessing 
 
 And gives his ring, — and dies. Thou hearest, Sultan. 
 
 Saladiii. 
 
 I hear — I hear thcc. Well, on to the close 
 And end thy talc. Proceed. 
 
 Nathan. 
 
 I've reached the end. — 
 The sequel needs no telling ; thou must feel it. 
 The father scarce was dead but all three came 
 Each with his ring, and each one claimed his right 
 To be the chief. And feud arose and strife ; — 
 Vain all examination : the right ring 
 Could not be recognized — 
 
 (^After a pause in exjyedation of the Sultans answer.) 
 
 — As the right faith 
 By us can not be recognized ev'n now. —
 
 253 
 
 Saladin 
 What ? — this the answer to my question ? — this ? 
 Nathau. 
 
 Nay — but at least this will be my excuse 
 
 If I dare no decision on the rings, 
 
 While with this object that no man should tell 
 
 One from its fellow, the good father caused 
 
 Them to be made. 
 
 Saladin. 
 
 The rings ! — but fool me not ! 
 I thought that the religions which I named 
 Could be distinguished, easily indeed ; 
 Ev'n to th' apparel — ev'n to meat and drink. 
 
 Nathan. 
 In these ; — but in their grounds they arc the samc- 
 For do not all depend on history, 
 Traditional. or written? And must not 
 All history be taken upon faith 
 And ci'edit ? Is't not so ? And doubt we not 
 The faith and credit of onr oivn the least ? 
 Of those who are our blood ? Of those who gave 
 Ev'n from our childhood constant proofs of love ? 
 Who ne'er deceived, save where to be deceived 
 Was for our better weal : — how can I less 
 Believe my fathers than thou thine ? Or how 
 Can I demand of thee that thou shouldst make 
 Thy fathers to be liars in the hope 
 To contradict not mine ? And 'tis the same 
 With christians also ; think'st thou not the same ? 
 
 Saladin. 
 
 By the Eternal — but the man is right ! 
 I must be silent. 
 
 Nathan. 
 
 Now let us return 
 Unto the rings. As I have said, the sons 
 Accused the one his brothers to the judge, 
 And each one swarc that ho received the ring
 
 254 
 
 Directly fi'om his aged father's hands, — 
 And this was true — and long before had had 
 The promise that ho should enjoy alone 
 The priv'lege of the ring — this too was true ! 
 The father, each maintained, conld not have been 
 Thus false to him — and ere he dar'd suspect 
 Such treason from so kind and good a father, 
 He must believe his brothers false — although 
 Most willing else to deem all good of thera : — 
 'Twas they were guilty of the traitoroas game, — 
 Their treason once laid bare — revenge must follow. 
 
 Saladiii. 
 
 And now — the judge ? What spake he ? I am cuxnous 
 What thou wilt make the judge to say. Proceed. 
 
 Nathav. 
 
 Thus spake he : — If without delay ye bring not 
 
 The father to the spot — I cannot listen 
 
 Unto your strife. Or think ye I am here 
 
 To solve your riddles ? Do you wait, perchance, 
 
 Until the genuine ring shall ope its mouth ? 
 
 But wait. I hear the right ring had the might 
 
 The wondrous power to make its wearer loved, 
 
 Pleasing to God and man. This must decide. 
 
 The false rings cannot have this magic power :— 
 
 Whom of the three do you love best ? 
 
 Say on : — ye'i'c silent : doth the magic force 
 
 Work only inwards — outwardly it hath 
 
 No virtue ? — Each one loves himself the best ? 
 
 Oh then deceived deceivers are yo all ! 
 
 Perchance the right ring has been lost. The father 
 
 To hide the loss, or lest it should bo known, 
 
 Instead of one made three. 
 
 Sal ad ill. 
 
 'Tis glorious ! glorious ! 
 
 NatJiaii, 
 And thus the judge spake further : — If ye will not 
 My counsel, and instead would have my sentence ; —
 
 255 
 
 Begone ! — But this is my advice, to leave 
 
 The matter fully as it is. Hath each 
 
 Received his own ring from the father, then 
 
 Let each believe his ring the genuine one. 
 
 Perhaps the father would eo longer have 
 
 His house submit to one ring's tyranny. 
 
 And he, 'tis clear, hath loved yo all, and loved 
 
 Ye all with equal love, and would no more 
 
 Oppress the rest to favour one. Well, then, 
 
 Be ye three rivals in a fervid love 
 
 That knows not prejudice, free, incorrupt : — 
 
 And in his turn let each one strive to prove, 
 
 In his own acts, his opal's magic power ; 
 
 And with forbearing heart and deeds of good, 
 
 With true devotion and tirm faith in God, 
 
 Assist this power : — and when ages hence, 
 
 Upon your children's children the right stono 
 
 Hath proved its claim the true — then I invito 
 
 Them to appear before this judgment seat 
 
 After a thousand thousand years. Then will 
 
 A wiser man than I be seated here 
 
 And speak. Now go. Thus said the modest judge. 
 
 Saladin. 
 
 God— God ! 
 
 Nathan. 
 If, Saladin, thou doem'at thyself 
 To be this wiser man, this promised judge — 
 
 Saladin. 
 
 I dust ! — I nothing ! 
 OGod! 
 
 Nathan. 
 
 What is it. Sultan ? 
 Saladin, 
 
 Nathan, Nathan ! 
 The thousand thousand years of thy wise judge 
 Are not yet past. His judgment scat is not 
 For mo. Go, go ! But bo my friend.
 
 25G 
 
 A NORMAN LEGEND. 
 
 {From the German of Uhland.) 
 Scene. — An Island on the Coast of Noemandt, 
 Balder. 
 This goblet to your health, my honoured host ! 
 I'm truly grateful to the aagry storm 
 That drove me to the shelter of your isle : 
 For many a day I have not known such welcome 
 As this which greets me by your cheerful hearth. 
 
 Richard. 
 Our fisher huts afford no dainty fare, 
 And I am glad to see you pleased with mine ; — 
 But I rejoice indeed to have a guest 
 Who Cometh from our distant northern home 
 From whence our fathers whilome crossed the sea, 
 And whence we have our legends and our songs. 
 But I must tell my custom, noble Sir ; — 
 Who enters to this hut, however poor, 
 Ere he repass the threshold, leaves a gift. 
 
 Balder. 
 My bark that lies at anchor in the bay 
 Is filled with rare and precious wares, 
 Which from the midland main I've brought with me. 
 Gold fruits, sweet wines, and gaily plumed birds. 
 I've armour too, the work of northern smiths, 
 Keen two-edged swords and breastplates, spears and shield. 
 
 Richard. 
 I would not these, I meant not such-like gifts : 
 There is a usage in our Normandy ; — 
 Whoe'er receives a stranger at his board 
 A legend may require of him, or lay, 
 And then himself is bound to render one. 
 Though old and far, I in my heart revere 
 Our noble legends and our ancient songs. 
 And therefore cannot free you from the task.
 
 257 
 
 Balder. 
 A tale is often rich as Cyprus wine, 
 As fruit sweet-scented, many-hued as birds; 
 And many a hero-song of olden time 
 Echoes as clashing swords and clanging shields : 
 My error therefore was not very great ; 
 But though no glorious legend I can shape, 
 I honour the old usage of our land : — 
 Hear then the story which a short while since 
 A ship-mate told us on a moonlit eve. 
 
 Richard. 
 Another draught, my guest, and then proceed. 
 
 Balder. 
 Two northern Earls, allied for many a year, 
 Together 'neath one standard dared the main, 
 Withstood together many a raging storm, 
 And battled bravely upon sea and land, 
 And oft in southern and in eastern climes 
 Together rested on the blooming shore : 
 At length within their keeps they were at home, 
 But each in equal depth of sorrow, for 
 Each wept a faithful wife, but lately borne 
 In mournful pomp unto the fathers' tomb. 
 Yet unto each from the dark woe there sprang 
 A sweet and happiness foreboding hope. 
 One had a son — a healthful laughiug boy ; 
 A lovely daughter was the other's bliss. 
 To crown with joy their ancient friendship's bond 
 And raise it a memorial for all time, 
 The friends resolved the union of these twain. 
 For the betrothal two gold rings were wrought, 
 Which, for the tender fingers yet too wide, 
 By coloured ribands from their necks were hung. 
 A sapphire, bright blue as the maiden's eye, 
 Beamed clearly in the infant bridegroom's rinf^, 
 And in the other glowed a rich red stone 
 Bright as the young blood in the boy's fresh check.
 
 258 
 
 RicJiard. 
 A ring of gold set with a briglit red stone 
 Was on the maiden's fincrer, heard I well ? 
 
 Balder. 
 Yes, but it is no matter. — To proceed : 
 To martial sports inured from infancy 
 The boy was growing ap in strength and health ; 
 Already could ho r.arh a gallant steed. 
 — 'Twould not bo his to cleave the boundless main 
 And seek the fame of his adventurous sire : — 
 At home he would remain, with dauntless arm 
 To guard the broad lands and the castled hills, 
 United heritage of both the chiefs. 
 — Meanvvliile the proud boy-bridegroom's little bride, 
 Most precious charge unto her duteous maids, 
 Within her chamber's shade was cradled still, 
 — A lovely day of spring came on the land, 
 And in their arms the joyous babe they bare 
 To play upon the sunny glad sea-side, 
 And culled sweet flowers for her and gay shells. 
 The waves, touched softly with the light wind's breath, 
 Mirrored the brilliant image of the sun 
 And o'er the white beach threw the tremulous gleam. 
 It chanced a tiny skiff lay nigh at hand : — 
 In this, with rushes and bright garlands deckt, 
 The women place the happy smiling child, 
 And rock it back and forwards by the shore. 
 Loud laughs the infant, and the women laugh : 
 But, 'mid their frolic's shrill and joyous tones, 
 The rope that holds the little bark is loosed. 
 They see the peril, but in vain : — no arm 
 From shore can reach the swift receding child : 
 And ever further floats the waning skiff 
 Though calm the sea appears and motionless. 
 Despairingly the wretched women gaze, 
 And wring their hands with anxious shrieks of fear,- - 
 Meanwhile the child's glad laugh rings clearly yet. 
 The boy, who came to sec his tender bride
 
 259 
 
 That day, and now was galloping along 
 In cheerful race upon the grassy mead, 
 Fleet as au arrow, when he heard the cries, 
 Rushed to the spot, and spurred his little steed 
 To swim the wave and reaxih the flowery bark. 
 But ficarcely felt the horse the ice cold flood, 
 But he turns round and dashes to the land, 
 And vain the angry rider's skill to guide him on. 
 Meantime the flower-decked skiff with the sweet child 
 Has floated gently throu^jh the placid bay, 
 And fresher breezes in the open sea 
 Soon take it from the sight. 
 
 lilcharJ. 
 
 Poor, helpless balje ! 
 The holy angels flit ai-ound thy head. 
 
 Balder. 
 To the father's ears the woeful tale has come : 
 Immediately the ships are launched to save 
 His child : — and in the swiftest he himself. 
 But traceless is the ocean. With the eve 
 The breezes change : — at night the storm-winds roar. 
 After a search for many months they bring 
 The empty frail skift' only with them back 
 With withered garlands. 
 
 liicJianl. 
 What ails you in your story, worthy guest ? 
 You si^^h, you seem disturbi-d. 
 
 Balder. 
 I will go on. 
 Since that unlmppy day the boy rejoiced 
 No more to mount the war-horse a.s before ; 
 The waters are his home, he swims, he dives, 
 And grasjJS the oai-, and guides the willing helm. 
 And when he gained the years of manly strength, 
 Ships, ships are all he asks of his old sire. 
 The wealthy land hath nothing that he loves, 
 s 2
 
 260 
 
 No lady in the Castles pleaseth him ; 
 
 He seems betrothed unto the broad wild sea 
 
 In which the maiden and the ring were sunk : — 
 
 And his own ship he decks in wondrous guise, 
 
 With scarlet ensigns, golden images, 
 
 As one who brinjjs his bride from o'er the seas. 
 
 Richard. 
 As yours perchance that rides in yonder bay. 
 Is it not so, my gallant guest ? 
 
 Balder. 
 
 It may be 
 With that rich gaily- fashioned bridal bark 
 He oft hath tossed in many a fearful storm : 
 And when to thunder peals and tempest howls 
 The billows danced, it was his bridal dance. — 
 In countless sea-fights hath he met the foes. 
 And well men know him in the northern climes, 
 And by a strange name is he greeted there : 
 For when he leaps in wrath with unsheathed sword 
 Upon a boarded ship, the seamen cry 
 " Wo ! Ocean bridegroom — spare, destroy us not !" 
 This is my tale. 
 
 Richard. 
 
 I give you thanks, kind sir : 
 But yet, mcthinks, the full conclusion fails. 
 Who knoweth if in truth the child sank down ? 
 Perchance some stranger ships were sailing by. 
 And one took up the helpless foundling babe, 
 And left its frail skiff to the ocean-flood. 
 Perhaps unto an island such as ours 
 Safe from the waves the gentle infant came ; 
 Was tended with kind care by pious hands, 
 And now is grown a lovely blooming maid. 
 
 Balder. 
 You understand, it seems, to feign a tale : 
 So let me hear your legend, if you please.
 
 261 
 
 Jiichard. 
 
 Enough conld I recount in former days 
 Of our old dukes, and mighty hero chiefs : 
 The feats of Richard Sans-peur I could tell, 
 Who saw as clear at night as in broad day, 
 And nightly rode in solitary wolds, 
 To combat daring all the fiends of hell : 
 But now my memory is weak with age, 
 And all seems in confusion to my mind. 
 Let the young maiden then supply my placo 
 Who yonder sits so modestly and still. 
 Plying her knitting by the pale lamp-light. 
 Many the beauteous lays that she has learnt, 
 And she sings sweetly as the nightingale. 
 Thorilda — do not shun our noble guest : 
 Sing us a song, " The maiden and the ring." 
 The one the ancient bard once rhymed for you, 
 A pretty thing : I know you love it well. 
 
 Thorilda {sings.) 
 
 There sat a lovely maiden 
 
 Angling in clear sun-light, 
 For hours and hours she angles 
 
 In vain, — no fish will bite. 
 
 A ring is on her finger. 
 
 With rich-red ruby dight, 
 The ring to the hook she fastens, 
 
 And throws in the waters bright. 
 
 And from the deep appeareth 
 
 A hand of ivory white, 
 And on the well-shaped finger 
 
 The ring of gold shines bright. 
 
 And from the deep arises 
 
 A young and noble knight, 
 Arrayed in golden armour 
 
 That Klisteus iu the light.
 
 262 
 
 The maiden cries affriglited — 
 "Nay, nay, thoa gallant kniglii. 
 
 My I'ing of gold restore me, 
 1 tremble at thy sight." 
 
 " Maids angle not for fishes 
 
 With gold and rubies bright, 
 The ring I'll never yield thee, 
 
 For here our troth we plight." 
 
 Balder. 
 
 What hear I ? Strange and wonder-boding song ! 
 What do I see ? what heavenly countenance 
 Beams blushingly from out those golden locks, 
 And minds me of the distant childhood days ? 
 Ha ! on her right hand gleams the golden ring, 
 The bright red stone : — thou art my long lost bride ! 
 I am whom men name Ocean bridegroom ; here, 
 Here is my sapphire, bright blue as thy eye, 
 And yonder is the bridal ship prepared, 
 
 Richard. 
 
 My honored hero-guest, — long thought I this : 
 Yes, take her hence, ray lovely foster child. 
 Encircle her within thy mighty arm : 
 A faithful heart thou boldest to thy breast. 
 
 Est Deux in nobis, agitanle caleacimus iVo. — OviD, 
 
 Lo ! a dream shape in the distance beckoning on to nobler deeds. 
 Up — my brethren — rise and follow where the star-wreatbqd 
 vision leads, — 
 
 Leave your toil of fruitless labour, vainly with o'erwearied 
 
 hands 
 Weaving aye your web of fortune from the dull Earth's yellow 
 
 sands ;
 
 263 
 
 Striving with your lofty talents to enslave yourselves to clay, 
 Chaining spirits born for ages to the task-work of a clay. 
 
 Toil, — but not for wasteful nothings ; toil — but not for self alone 
 This it is "for ever rolling upwards still the rolling stone;" 
 
 This it is the curse of Eden, still bequeathed from man to man. 
 " Strive, but vainly, work but gain not," echoing aye the angel's 
 ban, — 
 
 Yet upon this curse a blessing, when the Godlike human will 
 Moulds it unto glorious purpose — and doth hallow all the ill ! 
 
 Never sainted prophet stricken prostrate on the burning sod, 
 Trembling 'ncath the awful glory streaming from the present 
 God, 
 
 Heard in earthquake, flame and stillness, aught more holy than 
 
 the truth 
 Echoed by our Mother nature from the dawn of early youth 
 
 Thro' all ages, — "Man is Godlike. — weak and erring suffering 
 
 man, 
 " Godlike in the thoughts he thinketh, godlike in the deeds ho 
 
 can." 
 
 Yea! and with the cui'sc ujion him more he pi'ovcs his lofty 
 
 birth, 
 Than in yon old Eden dwelling, sated with the ease of earth ; 
 
 When he strives for men around him, battles for his broHicr's 
 
 right, 
 When ho spreads amid the darkness rays of never-dying light ; 
 
 Rays that calmly shining from him roach the weary sufferer's 
 
 breast, 
 Warm once more the frozen feelings, bringing peace to his 
 
 unrest :
 
 264 
 
 Rays, whose -widely beaming brillianco shows all men one 
 
 brotherhood : 
 Man then only rightly human, when he yearns for human good : 
 
 Mighty nations then most glorious, when their worldwide 
 
 cherished name 
 Is a succour to the helpless — unto tyrants fear and shame : 
 
 When their deeds have been of justice, mercies done and wisdom 
 
 spread — 
 Waking noble aspirations where the human soul seemed dead ; 
 
 Godlike then is human labour ; brethren rendering brethren 
 
 blest 
 Feel themselves divinely nurtured, know a God within their 
 
 breast. 
 
 Yet — for ye have erred — my brothers — ye have scorned the 
 
 glorious gift. 
 Wearying strength that is immortal in the selfish race of thrift ; 
 
 Lo, your dead religion's priesthood, onward with your earth-god 
 
 reels : — 
 Earthward, sacrificial victims ! Stain with blood the chariot 
 
 wheels. 
 
 Perish there ; your work is ended, as your sordid work ye chose, 
 Death, corruption, base oblivion, guerdon of your toils and 
 throes : 
 
 Worse yet than the senseless sluggard, who his talent laid in 
 
 earth, 
 Thus to lower to dishonor, all that proves man's primal worth : 
 
 Veiling as a thing forgotten, hid from you in nature's tome 
 This as the broad sunlight blazing — " Elsewhere is your spirit's 
 home :"
 
 265 
 
 Darkening the glorious vision which all men have felt in youtli, 
 Of majestic human grandeur blended quite with godlike truth. — 
 
 Who shall blush not, my brethren, — naming this his father- 
 land 
 
 '% Where no noble thoughts have being — where no noble deed is 
 plann'd ? 
 
 Nay, but earthworms wriggling onwards crawl unto a heap of 
 f- gold, 
 
 I And an instant altar rises and a craven prayer is told. — 
 
 Lo ! three centuries have vanished, since the pennon was 
 
 unfurled 
 Wafting wisdom from the fountains welling in the ancient 
 
 world ; — 
 
 Since the sacred cross was planted at the baptism of our land 
 That it might enjoy communion with the christian nations' 
 band ; — 
 
 Christians came : — and shrank the savage from his fathers' old 
 
 abode. 
 For he knew no more the tenure on which earth is held from 
 
 God: 
 
 Dwelling 'mid the brutes about him, scarce himself a nobler 
 
 brute, 
 All high thoughts of human greatness from his breast torn by 
 
 the root : — 
 
 Then camo men, our pilgrim fathers, noblest blood of sunny 
 
 France, 
 Broad-browed men of free-born spirits, lighted with the eagle 
 
 glance.
 
 266 
 
 Spoiled by bigot priest and despot of the broad lands of their 
 
 line, 
 Rich yet in the glorions freedom that dares know itself divine : 
 
 Hither came they, — welcomed hither by the gallant Northern race 
 Whom they^ well might own for brethren, breast to breast in close 
 embrace : 
 
 Those staunch darers of the waters, who first broke the giant 
 
 force 
 That would rule man's free convictions as the rider guides his 
 
 horse; 
 
 Struggling and despairing never, — 'till at length they gained 
 
 the war ; 
 Spain the hope of priest led tyrants, — Holland freedom's polar 
 
 star. 
 
 Lo ! such union of such nations ! — Gaze into the future's scope, 
 Not in vain name these their country land of soul-exalting hope ! 
 
 Knowledge see they ever widening, — man, no longer scorning 
 
 man, 
 Truth diffusing each to other, aiding the Creator's plan : — 
 
 Breaking free from earthly fetters, giant souls of thoughtful mcn^ 
 Meeting wisdom in their equals far beyond their former ken, 
 
 Wisdom, which they erst deemed falsehood, hated with the hate 
 
 of hell. 
 When their minds were cramped within them, shrunk in earth 
 
 pride's narrow shell. 
 
 Better were it had old ocean swept the wave-toss'd ships away, 
 Than that from such large- souled fathers sprang the pigmies of 
 to-day !
 
 207 
 
 tStalkiiig lords of rill jironiid ns, bliiuU'd with our pt ttv j)riii».', 
 Higher, ni»j be, than the savage whom we scoff at and ileride, 
 
 Where the deeds tliat we can point (o, worthy uf our fathers' 
 
 name ? 
 Where the single gleam of glory in the darkness of our shame ? 
 
 Where the broad and furrowed foreheads, watchers for all human 
 
 kind, 
 Radiant with the thoughtful paleness, signal of the earnest mind ? 
 
 Know we not this truth of ages, — talents, strength, are held ijj 
 
 trust ? 
 Hoarded in the miser's coffers gold is nought but yellow dust; 
 
 Pour it forth to craving wretches, — it is solace unto pain, 
 Dew unto the parched-up spirit, to the dying life again. 
 
 Scorpion-like in torment writhing, in its narrow flame confined. 
 If the flame shine only inwards, perishes the human mind : 
 
 What is left is mere corruption, foul and fcctid, black within ; 
 Wormlike iheyi to earth man cliugeth, for to earth he is akin ; 
 
 And for earth, his lord, he labours deeming that ho toils for self, 
 Straggling fiend-mocked to destruction, dead among his hoards 
 of pelf. 
 
 Are ye thus ? — then to the savage yield his ancient right again, 
 False ye arc unto your fathers ; their hope in you hath been vain 
 
 Nay, not yet so deeply fallen : — in your spirit yet is life, 
 
 Lo ! the distant light illumines, gird you for the noble strife : 
 
 Hurl the demon whom ye worship headlong from his deadly 
 
 throne. 
 To your brethren yield the tribute which yc paid to earth alone :
 
 268 
 
 Self -emancipated strive yo, working out tlie lofty theme, 
 " For humanity man liveth," no more now a sickly dream, 
 
 Now a truth as brilliant sunlight beaming from the glowing 
 
 breast. 
 Shining where the darkness gathers, bringing cheer to the 
 
 unblest. 
 
 Follow ye yon splendid vision, slaves no more to this earth-clod, 
 Knowing man, whene'er most human, only then is likest God. 
 
 Titan-spirits, aye-enlarging, earth and heaven ye can span, 
 Then most fit compeers for angels, when most brothers unto 
 man : 
 
 Feeling 'mid the toil and tumult, worldly strife and worldly din 
 Shading these with love that's boundless, your divinity within. 
 
 THE PROPHECY OP NEREUS. 
 Horace— Ode 15. Booh 1. 
 
 "When sailing o'er great Neptune's realm 
 
 With beauteous Helen at his side, 
 
 The perjured prince in conscious pride, 
 To Trojan shores had turned the helm ; 
 
 Old Nereus from his Ocean cave, { 
 
 Hushed each contending wind and wave ; 
 And thus he sang the fates' decree ; 
 " In luckless hour thou bear'st with thee 
 Her whom each Grecian chief and knight 
 
 Sworn to break thy nuptial vow, 
 
 And lay old Priam's empire low. 
 Will soon demand in dreadful fight : 
 Alas ! how sink the steeds with toil ! 
 How faint their Lords ! The funeral pile 
 Thou raisest throughout all the land :
 
 269 
 
 And Pallas leads the hostile band, 
 
 Awful with her car and shield, 
 
 Spreading carnage o'er the field. 
 
 In vain on Venus' aid relying, 
 
 Thou wilt anoint thy golden hair, 
 
 In vain with Helen's wish complying 
 
 With songs of love thou'lt fill the air. 
 
 Within thy chamber's deep recess, 
 
 In vain thou'lt hide thee from the press 
 
 Of Cretan lance and Grecian spear. 
 
 And Ajax swiftly hurrying near. — 
 
 Though late the vengeance thou'lt repay 
 
 The crime of this eventful day. 
 
 Behold'st thou not Laertes' sen 
 
 Destroyer of the Trojan race 
 
 Proceeding as ho hath begun. 
 
 And Pylian Nestor's reverend face ? 
 
 Lo, Tcucer and bold Sthenelus, 
 
 Both heroes skilled in wai' — nor worse 
 
 To curb the steed or hold the rein 
 
 And guide the car along the plain. 
 
 Fearless and trusting in their migrht 
 
 Defy thee now to mortal fight, 
 
 And Merion thou soon shalt know 
 
 A warlike and a noble foe. 
 
 Tydides too, in valiant fire 
 
 Exceeding e'en his wai-rior sire. 
 
 Doth vow, while rushing o'er the plain, 
 
 To number thee among the slain. 
 
 Thou, trembling, noting him afar 
 
 Dreadful in the rage of war, 
 
 Wilt flee away with breathless fear : 
 
 Thus stags, when basking in the vale 
 
 They see the wolf approaching near, 
 
 Anxious for their safety quail, 
 
 And heedless of the pasture, flee 
 
 To scape their fatal destiny. 
 
 Not such the promise Helen heard 
 
 When faithless she deceived her lord.
 
 270 
 
 Thmiih prnnd Acliillos' hanoful ire 
 May lengtlieu Iliou's mournful day ; 
 Yet soon the Grecian's venging tire 
 Shall mix its gorgeous domes with clay. 
 
 EPIGRAMS FROM "MARTIAL." 
 
 VIII. — 35. 
 
 In pesslmos conjiigcs. 
 
 Cum sitis similes pare.sque vita 
 Uxor pessima : — pessinius maritus, 
 Miror, non bene convenire vobis. 
 
 On a very had coujyle. 
 Since so well-matched you seem to be, 
 You, \Yorst of wives, — worst husband he, — 
 'Tis very odd you don't agree. 
 
 IX.— 6. 
 hi Faullam. 
 Nubere vis Prisco : non miroi', Paulla ; sapisti. 
 Ducere te non vult Priscus : et ille sapit. 
 Oti (L Lady. 
 
 You'd take Sir James ? You're wise, — 'tis very true. 
 He won't propose ? He is as wise as you. 
 
 XI.— 67. 
 
 Nil raihi das vivus : dicis post fata daturum. 
 
 Si non es stultus scis, Maro, quid cupiam. 
 You give me nought — " wait till T am dead," you say ; 
 If you're no fool, you know for what I pray. 
 
 I.— 11. 
 
 Be Gemello et Marouilld. 
 
 Petit Gemellus nuptias Maronillee, 
 
 Et cupit et instat et precatur et donat —
 
 271 
 
 Adeone pulolira ost ? immo fccdius nil est. 
 Quid ergo in ilia pelitur et placet ? Tassit. 
 
 On a)i Heiresf. 
 John is most warmly wooirg Netty, 
 She's very far indeed from pretty, — 
 But has one feature most alluring, 
 Her cough is bad, beyond all curing ! 
 
 X.— 8. 
 
 Nubere Paulla cupit nobis : ego ducere Paullara 
 Nolo : anus est : vellcm si magis esset anus. 
 
 Paulla would wed me : I would not, 1 told her ; 
 She ip too old : I would if she were older. 
 
 VIII. —27. 
 
 Ad Gaunnn. 
 Munera qui tibi dat locuplcti, Gaure, seniquc. 
 Si sapis et sentis, hie tibi ait " Morere." 
 
 To a rich old man. 
 Good rich old Giles, — they send you presents — why ? 
 Don't you perceive ? they mean — " Do, prithee, die !'* 
 
 III.— 8. 
 In Cinnam. 
 Versiculos in mq narratur scribere Cinna : 
 Non scribit, cujus carmina nemo legit. 
 
 On Cinna. 
 Cinna writes satires on me, it is said : 
 Pooh ! no man writes, whose writings arc not read 
 
 VIII. — 4. 
 Ad Poniilianunt. 
 Cur non mitto meos tibi, Pontilianc, libellos ? 
 No mihi tu mittas, Pontiliane, tuos. 
 
 To a Brother Author. 
 Why my last poem I forgot to send ? 
 For fear you'd send me yours, — respected friend !
 
 272 
 
 IX.— 103. 
 
 Ad Phcehimi. 
 Quadringentorum reddis mihi, Phcebe, tabellas : 
 Centum da potius mutua, Phoebe, mihi. 
 Quaere alium cui te tam vano munere jactes : 
 Quod tibi non possum solvere, Pheebe, meum est. 
 
 To a Creditor. 
 
 With my bond of four hundred you grandly present me, 
 I had rather one hundred you honestly lent me ; 
 To fools be your empty munificence shown, — 
 What I cannot pay, sir, I count as my own. 
 
 1.— 76. 
 De Lino. 
 Dimidium donare Lino quam credere totum 
 Qui mavult, — mavult perdere dimidium. 
 
 Economy. 
 
 Smith asks a hundred pounds on loan ; be thrifty, — 
 Give him the half ; and then you'll save the fifty. 
 
 XII.— 10. 
 
 De Africano. 
 Habet Africanus millies, tamen captat : 
 Fortuna multis dat nimis, satis nulli. 
 f On an African — (^Candidate for Council). 
 
 With votes full ten thousand — for more still and more doth 
 
 plumper importune, 
 How often too much, — but never enough — is granted by fortune ! 
 
 xii.— 81. 
 De Callistrato. 
 Ne laudet dignos, laudat Callistratus omnes. 
 Cui malus est nemo, quia bonus esse potest ? 
 
 John, lest he should praise the worthy, praises every man on 
 
 earth, 
 While with him no rogue is faulty — what is John's encomium 
 
 worth ?
 
 273 
 
 VTII. — 12. 
 
 Ad Priscum. 
 
 Uxorem quare locuplctem dacere nolim, 
 Qaaeritis ? uxori nubere nolo mere. 
 Inferior matrona suo sit, Priscc, marito : 
 Non aliter fjierint foemina virque pares. 
 
 Marriage. 
 
 I wed the heiress ? Don't you see 
 How she would lord it in the sequel ? 
 The lady must the poorer be, 
 For wife and husband to be equal. 
 
 xi— 50. 
 Jd Fahulluvi. 
 
 Ignotos mihi cum voces trecentos 
 Quare non veniam vocatus a te 
 Miraris, quererisque, litigasque 
 Solus cieno, FabuUe, non libenter. 
 
 Apology. 
 You are annoyed that I decline 
 To join the crowd you've asked to dine ? 
 They're strangers to me, — every one — 
 And I detest to dine alone ! 
 
 XL— 76. 
 Ad Poitum. 
 Solvere, Pcoto, decern tibi rae sestercia cogis. 
 Perdiderit quoniam Bucco ducenta tibi. 
 No noceant, oro, mihi non mca crimina : tu, qui 
 Bis centena potes perdere, perde decern. 
 
 To a Creditor. 
 
 You've lost a hundred pounds by Smith (fe Co., 
 And therefore dun me for the ten I owe. 
 Why should I pay for sins of otlier men ? 
 You who could lose the hundred, lose the ten. 
 
 T
 
 274 
 
 11.— 13. 
 Ad 8 ex turn. 
 Et Judex petit, ct petit patronus : 
 Solvas censeo, Sexte, creditori. 
 
 Justice at Rome. 
 What ? Bribes to the bench and fees to the bar ? 
 Pay the plaintiff, my friend, — 'tis cheaper by far. 
 
 I.— 48. 
 De Diaulo Medico. 
 Nuper erat medicus, nunc est vespillo Diaulus. 
 Quod vespillo facit, fecerat et medicus. 
 On a Quach turned Undertaker. 
 When Undertaker Doctor Quack became, 
 He did not change his business — but his name. 
 
 IX —16. 
 
 Be Chloe. 
 
 Inscripsit tumulo Septem celebrata virorum 
 Se fecisse Chloe : quid pote simplicius ? 
 
 The Disconsolate Widoio. 
 On the tombstones o'er seven dear lords 
 There stands graven by Chloe, the dutiful — 
 •' Placed here by me," affectionate words ! 
 What could be more simple and beautiful ? 
 
 VII. 
 
 In Catullam. 
 Forraosissima qua? fuere, vel sunt, 
 Sed vilissima qure fuere, vel sunt, 
 O quam te fieri, Catulla, vellem — 
 Formosam minus aut magis pudicam ! . ' 
 
 On a hcaufiful Lady. 
 Things lovely, lovely to remain, 
 May not endure the slightest stain. 
 Do pray become, fair Harriet, 
 Less beautiful, or no coquette.
 
 275 
 
 VII.— 90. 
 Ad Creticum. 
 Jactat ingequalem Matlio me fecisse libellum : 
 Si verum est, laudat carmina no.stra Matlio. 
 ^quales scribit libros Calvinus et Umber. 
 -Squalls liber est, Cretice, qui malus est. 
 
 Uneqaal writing, cries the last Review, 
 I take the blame as praise and hope it true : 
 For battles well-sustained to Tupper go, 
 The "equal" writer's level must be low. 
 
 III. — 64. 
 
 Ad Cassianum. 
 Sirenas hilarem navigantium pa3nam, 
 Blandosque montes gaudiumque crudele, 
 Quas nemo quondam deserebat auditas, 
 Fallax Ulysses dicitur reliquisse. 
 Non miror : illud, Cassiane, mirarer, 
 Si fabulantem Canium reliquisset. 
 
 On a Quidnunc. 
 Ulysses (ancient story saith) 
 Fled from the siren's song of death, 
 Safely passing rock and shore, 
 Which none had e'er escaped before. — 
 But could he, were he living still, 
 And in this city risked a cruise. 
 Escape by dint of strength or skill 
 Paul Prosy, big with "latest news " ? 
 
 IX.— 10. 
 Ad BUhynicum. 
 Nil tibi legavit Fabius, Bithynice, cui tu 
 Annua, si memini, millia sena dabas. 
 Plus nulli dedit ille : ([ueri, Bithynice, noli; 
 Annua legavit millia sena tibi. 
 
 To a di.siqipoiiited Heir. 
 Old Gripe has left you nothing, whom you sent, 
 If I remember, fifty pounds a year ?
 
 276 
 
 With your cfood fortune, Tngratc, bo content — 
 Has he not left you fifty pounds a year ? 
 
 VIII. — 09. 
 In Vacerram, 
 Miraris veteres, Vaccrra, solos 
 Ncc laudas nisi mortuos poctas. 
 Ignoscas petimus, Vacerra : tanti 
 Non est ut placoam tibi, perire. 
 
 To a critic. 
 
 With ancient fancies in your head, 
 You laud no poets if not dead. 
 Excuse me, Sir, your praise ranks high — 
 But for it I decline to die. 
 
 XII.— 47. 
 Li habentem varios mores. 
 DiflBcilis, facilis, jucundus, acerbus es idem. 
 Nee tecum possum vivere, nee sine te. 
 
 To a capricious friend. 
 
 Wayward are you and most kindly, pain at once and pleasure 
 
 giving— 
 Live with you, I vow I cannot — but without you there's no living- 
 
 I.— 17. 
 
 Ad Avitum. 
 Sunt boiiix, sunt qua^dam mediocria, sunt mala plura 
 Quae legis hie : aliter non fit, Avite, liber. 
 
 On the Epigrams. 
 You'll find few good, sfme middling, many bad ; 
 On other terms my verses can't be had. 
 
 HORACE. 
 Sat. 1, Book 2. 
 To some my censures of men's deeds appear 
 Too keen and carping, needlessly severe ; — 
 
 I 
 
 i
 
 277 
 
 And many swear I'm nerveless, lengthy, jjoor, 
 
 Such things each fool could write a hundred score : — 
 
 What shall I do to please them ? 
 
 *' Cease to scrawl. 
 " And be no more the veering public's thrall." 
 
 By Jupiter, your counsel suits me quite, — 
 But could I sleep, if once I ceased to write ? 
 
 " Thrice swim the current of the broad Gariep, 
 And drain the bowl at night, and you will sleep ; 
 Or if you needs must write in courtly phrase, 
 To heaven extol the matchless hero's praise." 
 
 I would — but could I ? — Where the wight who'd daro 
 
 To paint those armies in the battle's glare, 
 
 Th' unyielding Sikhs that yield to Aliwal, 
 
 The wars of India grand, — of Boomplaats small ? 
 
 " Then spread before the gaping public's gaze 
 The civic viitues of his peaceful days." 
 
 I would not if I could, for heroes spurn 
 
 The nauseous incense which their flatterers burn ; 
 
 The voice of fawning grates on honest ears ; 
 
 My strains repulsed would meet their due in sneers. 
 
 " Yet better this than lash in scornful stylo 
 
 Insensate scurril fools aud panders vile. 
 
 All dread the stroke, and thus, expectant, hate." 
 
 What shall I do then ? In our mortal state 
 With thousand men a thousand fancies rise ; 
 In fiery war-dance whirls Moshpsh the wise ; — 
 'Twin bretlireu of the self-same faith cure ills
 
 278 
 
 With Bibles some, and some with leaden pills. 
 
 "Writing's my fancy : be my model one, 
 
 Whom once I knew, when my young years begun. 
 
 Free, let me cringe before no man's behest, 
 
 And be my words the echo of my breast ; — 
 
 (If right, I scorn the hireling critics near, 
 
 If wrong, 'tis human : — I have been sincere.) 
 
 Thus whatsoe'er I print in peace or strife 
 
 Shall be the mirror that reflects my life. 
 
 " But English are you ?— Dutch ?"— Both : neither.—" How ?" 
 
 The land I dwell in Dutch and English plough : — 
 
 Together have they been in weal and woe, 
 
 Together have they stood to breast the foe, 
 
 A name of future days in time's far scope, 
 
 May tell perchance the nation of '' Good Hope." 
 
 But in its sheath my sword, the pen, doth rest, 
 
 To guard our own., not wound a guiltless breast : 
 
 'Tis keen when fools are rampant, knaves are loud, 
 
 And jugglers foist their antics on the crowd : 
 
 O that in peace it might enjoy its rust, 
 
 Nor needful cause arise when out it must. 
 
 But there are sins, which 'b would be sin to spare, 
 
 Thei'efore ye culprit fools, beware, beware ! 
 
 An angry brawler threatens legal woes, 
 
 A wild old hag spits venom at her foes, 
 
 But worst of ills, — a vengeance-breathing judge 
 
 Who to his luckless suitor owes a grudge. — 
 
 No brute there lives, but can attack, defend ; 
 
 Some weapon nature gave each to that end : 
 
 'Ware a wolf's fangs; with horns a Bull will gore, 
 
 By instinct taught where lies his strength in war. 
 
 Trust to yon spendthrift his old mother's life — 
 
 " What ! mean you he will raise 'gainst her the knife ?" 
 
 No ! wolves gore not, nor bites the bull to death,
 
 279 
 
 But hear me : whether mine be gray old nge 
 Or death flits near to snatch me from the stage, 
 At home, in exile, rich or starving quite. 
 Wherever fate may toss my limbs, — I'll write. 
 
 " Beware ! against the great men say nought ill, 
 One freezing glance has ample power to kill." 
 
 "What, truth be gagged ? Fierce Byron erst 
 
 Defied the Scotch Review to dare its worst, 
 
 And scorning at such judgment seat to kneel, 
 
 Urged in the public forum his appeal. 
 
 Shall none tear off the hypocrite's fair skin, 
 
 And show the foulness that is rank within ? 
 
 Would noble Denman fume with bootless rage, 
 
 If we depict a Jeffreys in our page ? 
 
 And if a brawling Wilkes were held to view. 
 
 Fox would have smiled and owned the portrait true. 
 
 Respect the honest only : — knave and fool 
 
 Shall feel the force of ruthless ridicule : 
 
 Mid cheers of scorn our grave mock senate fell. 
 
 And scorn shall toll each false mock patriot's knell. 
 
 Though weak my strain : — I boast not Jerrold's pen, 
 Envy will grant I've weight with honest men ; 
 And let them seek to crush : — the Press in sooth, 
 Will prove no dainty to a despot's tooth. 
 
 " But soft, good scribbler, soft ; beware your lays, 
 The sacred laws might seize a luckless phrase. 
 And fine and judgment are the libel's meed." 
 'Gainst libels, — right, there must be laws decreed. 
 But truth, though damning, shall as light be clear ; 
 Before an honest judge what need I fear ? 
 Speak truth : — then if some knave invoke the laws, 
 He's scouted forth with scorn, — you gain your cause. 
 
 TAN DE 3ANDT DE VILLIERS AND CO., PRINTERS, CAPE TOWN.
 
 UNIVERSITY OF CALIFORNIA LIBRARY 
 
 Los Angeles 
 This book is DUE on the last date stamped below. 
 
 Form L9-507n-4,'61(B899484)444
 
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 83^ V</atermeyer - 
 
 W31t Selections from 
 the writings of 
 
 the late K. E. Water- 
 meyer 
 
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