I LIBRARY UNIVERSITY OF CALIFORNIA RIVERSIDE d *" THE A.XNALS OF NATAL. 1495 TO 1845. BY JOHN BIRD, LATE Of- THE CIl'IL SERVICE, NATAL. VOL. II. PIETERMARITZBURG P. DAVIS & SONS, LONGMARKET STREET. 57 INDEX. "VOL. XI. SECTION IV. A.D. PAGE. 1842. May t"> June. Cloete's Lectures. Defence of the carnp. Richard King carries intelligence to Graham's town. Reinforcements sent from Cape Colony. Remarks on the state of feeling and knowledge among the emigrant Boers. Policy of sending a small force criticised ... ... ... ... ... 1 1842. May to June. Narrative of A. C. G. Palmer. Privations endured during the siege at Durban. Despatches carried by King... 5 1842. May to June. Letter of Captain Lonsdale. Sufferings of the siege. Boers allow women and children to leave the camp and go on board the " Mazeppa," which escapes from the Bay 6 1842. June 10. Statement of Mr. Joseph Cato (to Rev. W. C. Holden). Escape of the " Mazeppa " ... ... ... ... 7 1842. June 13. Sir G. Napier to Secretary of State. Reports the arrival of Captain Smith in Natal. His defeat at Congela 7 1842. June 13. Sir G. Napier to Secretary of State. Reports H.M. ship, " Southampton," and chartered brig, " Maid of Mona," con- veying reinforcements \inder the command of Lieut.-Colonel Cloete, to Natal ... ... ... ... ... 7 1842. June 13. Sir G. Napier to Secretary of State. Has written to the Yolksraad. Refers to the matter of the D. ship, " Brazilia " 8; 1842. July 16 to 19. Government advertisement. General orders. Relate particulars contained in the following reports : Jnne 30 Captain Smith to Colonel Hare. Events of the siege. Frequent attacks. Privations and hunger endured. June 28 Lieut.-Colonel Cloete to Sir G. Napier. Arrival and landing of the troops. Resistance. Repulse of the Boers. Relief of the besieged ... ... ... ... ... 14 1842. June. Narrative of Captain Bell. Troops conveyed to Natal in the " Conch." Harbour entered under fire of the Boers. Incidents of disembarkation. Relief of the siege ... ... 2% A.D. .Inly 2. " Capetown Mail," newspaper. Arrest at Swellendam of Mr. Smellekamp, the supercargo of the "Bra/ilia." His iinprLsorinieutat Cape Town. His statement to the Attorney- General as to his connection with the ship. He is liberated 34 1S4-2. July 3. Colonel Cloeteto Sir George Napier. Retreat of Boers. Message. Kafirs attack the Boers ... ... 37 1842. July 4. Colonel Cloete to Sir G. Napier. Encloses correspondence with Commandant Pretorius, who announces the cession of Natal to the king of Holland ... ... ... 40 .Inly 8. Sir G. Napier to Secretary of State. Reporting the arrest of the supercargo of the " Brazilia" ... ... 42 1842. July 18. Sir G. Napier to Secretary of State. Reporting the relief of the troops besieged in Natal by forces under Lieu- tenant-Colonel Cloete. Commends the conduct of the officers and of Captain Bell, master of the "Conch" ... ... 43 1 342. July 25. The same to the same. On the inexpediency of with- drawing the troops from Natal ... ... ... ... 46 1842. July 27. The same to the same. Further report of occurrences in Natal ... ... ... ... ... ... 55 1842. August 1. Rev. J. Allison to Rev. J. Giddy. Effect of hostilities. Boers dispirited, speak of aid expected from Holland ... 56 1842. August 3. The same to Rev. W. Shaw. Reporting prevalence of peace inland, W. and N.W. of Draaksberg. Boers returning from Natal are less boastful ... ... ... ... 60 1842. August 3. Maroko (Baralongs) to Rev. J. Giddy. Effects of hostilities in Natal. He, as chief of his tribe, desires alliance with British ... ... ... ... ... 61 1812 August 9. Government notice. Cessation of hostilities. Boers hnve submitted. Amnesty granted, but with exceptions ... 62 1812. August 11. Proclamation. Reward of ,1,000 offered for capture of rebels ... ... ... ... ... ... 63 1842. August 11. Government (Cape) publish the acceptance of terms of submission by President an. Captain Smith to Sir G. Xapicr. Reporting that the Boers have appointed Gerrit Rudolf to be commandant vice Pretorius resigned. Hostile feelings of Boers ... 77 1842. August 20. The same to the same. States particulars of adminis- tration. Fitness of Xatal for colonisation. It possesses coal : produces cotton and sugar-cane. Difficulties of the harbour lessened by use of steam-tugs. Encloses letter to A. Pretorins approving of his not having sanctioned the patrols, and advising that hunting should not for the present be allowed in the Zulu country : and encloses also letter August 19, to Landdrost Boshof as to the unfulfilled conditions <>"' treaty. Van Breda to be held guilty of piracy in plunder- ing the " Mazeppa" ... ... ... ... ... 78 IS 12. August 20. Letter of W. Guenzius (from " Zuid Afrikaan " news- paper. 23rd August), denouncing falsehood of report that Boer leaders debired him to poison the water required for English troops during the siege at D'Urban in May and Jnne ... ... ... ... ... ... ... 8fi 1842. August 23. Sir G. Xapier to Secretary of State, expressing approval of the acts and measures of Colonel Cloete, and stating views as to future policy in Xatal... ... ... 84 1842. August 25. Secretary of State to Sir George Xapier. Approves the measures consequent on the defeat of the detachment under Captain Smith. The Xetherlands government has been informed of the affair of the " Brazilia " ... ... 87 1842. September 13. Captain Smith to Sir G. Xapier. Explains the circumstances of the unsuccessful night attactat Congela in May. His position in regard to, and intercourse with, the leading emigrants. States the number of Boers killed and wounded in the war. Encloses letter (1) 2nd September, from Mr. Boshof, relative to balance of money not restored. (2) Letter, 8th September, to Mr. Boshof, requiring balance to be paid, and directing that residents at Durban are not to be summoned to Pietermaritzburg. (3) Letter of Mr. Bodenstein, stating that emigrants beyond Draaksberg against attacks by natives instigated, as alleged, by mis- sionaries ; complains of false reports as to Boers attacking Zulus ; states thefts by Kafirs. (4) Commandant and Council of Boers beyond Draaksberg to Mr. Vernieulen. (5) Casual- ties among the Boers in their defeat at the point, Xatal ... 88 1842. September 16. Colonel Cloete to Secretary to Government (Cape). Relative to concessions, not stipulated in the treaty, alleged to have been verbally made ... ... ... ... 99 A.D. PAGE. 1842. September 18. Captain Smith to Sir G. Napier. Reports embar- kation of detachment 25th Regiment. No fear of present disturbance. Communications with Panda. Thefts of stock complained of by Boers ... ... 100 1842. September 21. Secretary of State to Sir G. Napier. Netherlands Government disapproves the acts of the commander of the "Brazilia" isti>. October 12. Secretary of State to Sir G. Napier. Conduct of ; .tain Smith and Colonel Cloete approved. Eefers to military arrangements ... ... ... ... ... 103 1842. October 1 k Captain Smith to Sir G. Napier Reports local incidents. Peeling hostile to English. Copy of title and transfer-deeds issued by Boer leaders ... ... 104 1842. October 15. The same to the same. Communications with Panda. Titles to land numerously issued by Boer leaders. Emigrants believe that their fellow colonists will help, and Holland protect them ... ... 109 1842. October 21. Sir G. Napier to Secretary of State. In support of Captain Smith's proceedings at Natal ... ... 112 1842. October-24. Sir G. Napier to Secretary of State. Encloses copy of notice by Captain Smith prohibiting compulsory issue of titledeeds under the authority of the Landdrost ... ... 112 1842. October 25. The same to the same. On the claims of emigrants to titledeeds ... ... ... ... 113 1842. October 31. Commandant, Modder River (J. J. Mocke), to Volks- raad, Pieterniaritzhuri:'-. Unanimity of Boers beyond Draaks- berg. Judge Menzies at Orange River. Aid expected from Natal against TJmtshwetshe (Moshesh) ... ... ... 114 1842. November 11. Sir G. Napier to Secretary of State. Inexpediency of withdrawing troops from Natal. Transmits letters from Captain Smith '(I), September :.".>, as to money taken from English by Boers not restored. Questionable apprentice- ship. Children bought by Boers from natives. (2) September 30 Boer leaders have published notice as to issue of title- Is (to land) ... ... ... ... ... ... 116 1842. November 6. Further Enclosures in Despatch. Captain Smith to Sir G. Napier. Issue of titles by Boers His prohibition. Public notice ... ... ... ... ... ... 121 1842. November 7. The same to the same. As to relations of master anH servant in Natal. Resignation of Mr. Jacobus Boshof. Boers complain that missionaries inland incite natives against them ... ... ... ... ... ... ... 124. 1842. November 15. Secretary t.f Statf r<> Sir G. Napier. A position of neutrality t<> be observed in Natal ... ... ... 126 A,D. PAGE. 1842. November 14. Captain Smith to Sir G. Napier. Recapitulates circumstances prior to defeat at Congela. Encloses letter (November 11) from Eeverend J. Archbell ... ... 126 1842. November 20. The same to the same. A Boer, indiicing desertion by soldiers, arrested. Money taken by Boers has been in part restored. Mr. Lindley (Eeverend) does not side with the Boers ... ... ... ... ... ... 129 1842. November 21. Captain Smith to Sir G. Napier. Transmits copy of pamphlet circulated by supercargo of the " Brazilia" ... 131 1842. December 5. The same to the same. The Boers encourage deser- tion of the troops. Encloses letters from W. Cowie, Decem- ber 5, from J. B. Rudolf, November 24 ; Notice to emigrants, November 24; publication, November 30, of the Mutiny Act 131 1842. December 12. Captain Smith to Sir G. Napier. Intelligence of intended resumption of hostilities by Boers. Letters received 9th and 10th December (from L. E. Mesham to Reverend J. Archbell) enclosed ... ... ... , ... ... 136 1842. December 13. Secretary of State to Sir G. Napier. Approves proceedings of Colonel Cloete. Various lines of policy. Commissioner to be sent to Natal. Rights to land. Condi- tions in future arrangements. No aggression on natives. Slavery forbidden. Instructions to Commissioner ... ... 140 1842. December 13. Captain Smith to Sir G. Napier. Possibility of hostilities on the part of the Boers ... ... ... 147 2842. December 13. The same to the same. Further reports. Encloses letters, (1) 13th December, from J. B. Rudolf; (2) same date from Dr. Adams ... ... ... ... ... 148 1842. December 23. Sir G. Napier to Captain Smith. Approves steps taken to undeceive Boers as to invalid titles to land ... 150 1842. December -3. The same to the same. As to the recovery of cattle taken by Boers on 23rd May ... ... ... ... 151 1842. December 23. The same to the same. Niekerk, arrested for in- ducing desertion of troops, has been discharged, but re- arrested for other criminal acts ... ... ... ... 151 1842. December 23. Sir G. Napier to Captain Smith. Pamphlet circu- lated by supercargo of "Brazilia" will be sent to Nether- lands government 152 SECTION V. 1843. January 0. Sir G. Napier to Secretary of State. Reports received from Captain Smith. Comments on pamphlet circulated amongst the emigrants by the supercargo of the " Brazilia" 153 1843. January 18. Demand of customs dues by the Boer leaders ... 153 1843. January 21. Sir G. Napier to Secretary of State. Demonstration is required of naval force off Natal ... ... ... 154 A.I). PAGE. 1843. January-!''. Secret a'-y of State b> Sird. Napier. Acknowledges intelligence. Boers delude themselves as to a Dutch repub- lic in Natal being allowed. In the colony forces will be strengthened ... ... ... ... ... 154 1813. January 2S. Captain Smith to Mr. Bodenstein. Prohibits the levy of customs dues ... ... ... ... ... 155 1843. January 28. Public not'ce prohibiting the levy of customs dues ... 15(V 1843. February :*. Major Smith to Sir G. Napier. Reports claim to customs dr.es made by Boer leaders ... ... ... 156 1843. February 21. Sir G. Napier to Secretary of State. Reports things quiet in Natal ... ... ... ... ... 158 1843. March 21. Government advertisement. -King of Holland dis- approves the acts of his subjects in the matter of the 18W. May 1. Minnies of Governor (Cape) to Legislative Council. Intelligence concerning Natal. The Qiie^n approves Colonel Cloete's condxict. Inhabitants of N'atal to be under British protection. Commissioner will be sent. Future institutions there ... ... ... ... ... ... ... 160 1843. May 10. Proclamation amending a former proclamation as to apprehension of J. Prinsloo, J. J. Burger, M. v. Breda, and S. v.Breda ... ... ... ... Hit 1843. May 12. Proclamation. Mr. H. Cloete, as Commissioner, sent to Natal. Troops sent. Land claims to be dealt with. &c .. lt>.~i 1843. May 12. Letter of G. J. Eudolf, commandant of emigrants in Natal, to J. G. Vermeulen (beyond the DraaksbergJ, inform- ing him the cause of the emigrants is prospering ... ... 1(35) 1843. May 21. Secretary of State to Sir G. Napier. Conduct to be ob- served when " Brasilia" arrives. Encloses ^confidential cor- respondence with Foreign Office relative to supercargo. Mr. Ohrig, author of the notorious pamphlet. King of Hol- land refuses to countenance mutinous spirit in Natal ...- 1(39 1843. May 27. Sir G. Napier informs Secretary of State of publication of Her Majesty's intentions, the appointment of, and instruc- tions to, Mr. Henry Cloete, sent as Commissioner to Natal ... 172 1843. June 4. H. Steyn, Commandant beyond Draaksberg, to F. Hever. Directs levy of a force to proceed to Natal ... ... 175 1843. June 5. Her Majesty's Commissioner reports his arrival in Natal 175 1843. June (5. Major Smith to Sir G. Napier. States that ho will take care to avoid interference with the matter of duties of customs ... ... ... ... ... ... 176 1813. June 9. Secretary of Volksraad informs Commissioner that the meeting of the Volksraad is postponed to August I ... 17t> 1843. June 10. Commissioi er to Secretary of Yolks: aad.- .Notifies Pro- clamation of 12th May last ... ... ... 177 A.D. PAGE. 1843. June 10. Major Smith to Sir G. Xapier. Eeports excitement in Pietermaritzburg ... ... ... ... ... 177 1843. June 10. Commissioner to Secretary to Government (Cape). Public meeting of 9th June. Disturbance. Hostilities not anticipated, but strong government needed ... ... 178 1843. June 11. M. A. Oberholzer to Civil Commissioner, Colesberg. Eeports general excitement inland ... ... ... 182 1843. June 16. Major Smith to Commissioner. On the subject of customs' dues ... ... ... ... ... ... 182 1843. June 17. German residents to Commissioner. Claim British protection ... ... ... ... ... ... 183 1843. June 17. Civil Commissioner, Colesberg, reports excitement among emigrants ... ... ... ... ... 184 1843. June 18. Civil Commissioner, Colesberg, repeats report of excite- ment of Boers inland ... ... ... ... ... 185 1843. June 19. Commissioner in Natal has called public meeting. Has invited claims to land. Notice placarded, but defaced. Few claims given in. Suggestions for tranquillity. Appointment of Landdrost. Advance of troops. Opinion as to customs' dues. Better feeling prevails at the port and near the coast 186 1843. June 20. Commissioner to Sir G. Napier. Excitement continues. Vast extents of land claimed. Loyalty of Mr. Zietsman. Need of troops. Customs' dues ... ... ... ... 190 1843. June 22. Sir G. Napier to Secretary of State. Reports arrival of the " Brazilia." Approves the acts of Major Smith. Evil influence of officers of " Brazilia"... ... ... ... 193 1843. June 24. Major Smith to Sir G. Napier. On the subject of customs ... ... ... ... ... ... 194 1843. June 24. The same to the same. Reception of Commissioner. Feeling hostile to English ... ... ... ... 196 1843. June 26. Civil Commissioner, Colesberg. Reports active steps needed to allay excitement inland ... ... ... 197 1843. Jxine 26. Major Smith to Sir G. Napier. Panda's cruelties. Murder of Kuku. Flight of Mawa ... ... ... 198 1843. June 26. Commissioner to Secretary, Volksiaad. Inquires whether by sanction of the Yolksraad Rev. Mr. Lindley has been obstructed in his mission to distant parts of the district 199 1843. June 27. Secretary, Yolksraad, to the Commissioner ; denies that any hindrance to Rev. Mr. Lindley has been sanctioned ... 199 1843. June 28. Commissioner to Secretary, Volksraad. States that a report is ciirrent that a meeting of armed men is to be mustered at or near Draaksberg ... ... ... ... 200 1843. July 1. Secretary of the Yolksraad to the Commissioner. The Commandant has no knowledge of any muster of armed men 200 1843. July 3. Commissioner to Secretary, Yolks aad. Fugitives from Panda's cruelties cannot be objects of reasonable tear ... 200 A.D. PAGE. 1843. July 4. Commissioner to Secretary to Government (Cape). Re- ports matters in Natal. Territory ceded to Boers by Din- gaan's treaty with Eetief. Land claims. Argument as to country beyond the Draaksberg. Political institutions amongst emigrant Boers. Panda's cruelties ... ... 201 1843. July 8. Major Smith to Sir G. Napier. As to inexpediency of sending a small force to Pietermaritzburg. Increase desir- ' able. Cavalry needed ... ... ... . ... 210 1843. July 10. The same to the same. Interview with Panda's mes- sengers, to whom he has stated that he will not compel the return of fugitives from Panda's cruelties. A numerous influx of natives is of much disadvantage ... ... 212 1843. July 14. Proclamation. Increase of forces in Natal to maintain the Queen's authority. Land claims forfeited if not sub- mitted to Commissioner... ... ... ... ... 213 1843. July 14. Secretary to Government (Cape), to H.M. Commissioner. Defines the purpose f->r which troops are to be employed. Appointment of Landdrost not confirmed. Limit of time for land c'ahns. Custom's dues to be for benefit of the emi- grants ... ... ... ... ... ... ... 215 1843. July 15. Sir G. Napier to Secretary of State. Transmits report from Lieut.-Governor, Graham's Town, from Commissioner in Natal, and from Major Smith. Disloyalty evinced on the arrival of the Commissioner ... ... ... ... 217 1843. July 18. Major Smith reports the rumour that a Boer force is advancing on Pietermaritzburg, where, however, the state of things is now more quiet ... ... ... ... 218 1843. July 22. Commissioner Natal to Secretary to Government (Cape). Concurs in tin' nectvs-ity f< -r cavalry force. All is quiet at Pietermaritzburg, in spite of rumoured advance of Com- mandant Mocke. Land claims given in numerously at Durban 218 1843. July 22. Major Smith to Governor. As to inexpediency of moving a small force inland. Increase of force, with cavalry, is very necessary. Commandant Mocke reported to be advancing 1 with large force from beyond Draaksberg ... ... ... 219 1843. July 22. Commissioner to Major Smith. Informs him that the Governor approves of 200 men with artillery advancing to Pietermaritzburg ... ... ... ... ... 221 1843. July 24. Bear Admiral Percy reports to the Admiralty the dis- affection of the emigrants in Natal ... ... ... 222 1843. July 24. Major Smith to Sir G. Napier. Reports communication received by Mr. l!.>shof from Smellrkamp, supercargo of " Hra/.ilia." Camps fortified by Boers inland. Boers inter- fere with supplies to troops. Hostile feeling exists ... 223 A.D. PAGE. 1843. July 25. Commissioner in Xatal to Sir G. Napier. Comparative tranquility at Pietermaritibnrg. Circumstances are leading to emigration from Natal. Refers to the question of Customs' dues ... ... ... ... ... ... ... 224 1843. July 26, 27. Correspondence between the Commissioner and Major Smith on the subject of a detachment being moved forward to Pietermaritzburg ... ... ... 226 1843. 27. Major Smith to Secretary to Government (Cape), on the subject of his differing in opinion from the Commissioner as to moving a detachment to Pietermaritzburg ... ... 230 1843. July 29. Governor to Secretary of State. As to increase of force in Natal. Agrees with Commandant as to inexpediency of moving troops at present to Pietermaritzburg ... ... 234 1813. July 30. Admiral Percy to Admiralty. Outbreak in Natal im- probable, but addition to the number of troops is advisable... 236 1843. July 30. Boer Commandants request Commissioner to come from Durban without military escort ... ... ... ... 237 1843. July 30, 31. Major Smith to Sir G. Napier. Disaffection and restl ssness at Pietermaritzburg ... ... ... ... 238 1843. July 31. Legislative Council (Cape) approve Major Smith's pro- ceedings in regard to the " Brazilia " ... ... ... 239 1843. July 31. Commissioner, Natal, reports land claims numerously presented. Argument as to the refusal cf the Commandant to move forward a detachment to Pietermaritzburg ... 240 1843. August 1. Commissioner to Commandants of emigrant Boers. In reply to letter July 30 ... ... ... ... 246 1843. August 1. A. W. Pretorius to Commissioner. States general desire that he should come without escort ... ... 246 1843. August 1. Reply to preceding ... ... ... ... 247 1S43. August 2. Secretary to Government (Cape) to Commissioner. Keasous for not advancing troops are upheld ... ... 247 1843. August 2. Sir G. Napier to Major Smith. On the same subject as the preceding ... ... ... ... ... 248 1843. August 3. Commissioner reports insubordinate feeling at Pieter- maritzburg; it would, however, now be inexpedient to advance the troops ... ... ... ... ... 249 1843. August 4. Commandant to Sir G. Napier. On the insubordination of Boers. Encloses correspondence ... ... ... 250 1843. Speech of Mr. P. Zietsman in the Volksraad. The Commissioner's mission. Loyalty pledged by emigrants ... ... ... 254 1843. August 7. Major Smith to Sir G. Napier. Affairs in Xatal ... 255 1843. Axigust 8. Volksraad (minute) accept terms of proclamation 12th May ... ... ... ... .. ... ... 265 1S43. August 8. Commissioner reports unanimous acceptance by Volks- raad of terms prescribed in spite of some external adverse feeling. Events. Influences. Ladies claim a voice in public interests. Interview with Mocke. Expediency of the pres- ence of a military force, &c. ... ... ... ... 256 X. INDEX. A.D. PAGE. IS43. August 10. Miijor Smith's report on current events. Suggests reasons of the success attained in negotiations ... ... 266 1843. Aiigust 11. The same. Official notice. Movement of troops de- ferred ... ... ... ... ... ... ... 267 1843. August 12. Commissioner recommends that customs' dues be ceded to Yolksraad, on which payment of the expenses of their administration is dependent ... ... ... 268 1843. August lo. Commissioner advocates the troops being stationed in Pietgrmaritzbnrg. .Reports on the matter of Land claims ; will visit St. Lucia Bay ... ... ... ... ... 272 1843. August 10. Major Smith. As to advance of troops to Pieter- iiiantzburg ... ... ... ... ... ... 274 1843. August 17. Major Smith. On the same subject ... ... 276 1843. August 21. Sir G. Napier reports to the Secretary of State the acceptance of terms by emigrants ... ... ... 276 Is 13. September 4. Volksraad represent to Commissioner the advantage of an early and favourable award on land claims ... ... 277 1 843. September 5. Major Smith. Keports arrival of troops at Pieter- maritzbnrg. Public feeling there. The wish exists that something akin to compulsory servitude of the natives shall be tolerated ; also that commandos against Kafirs may be sanctioned ... ... ... ... ... * ... 280 1843. September 4, 5. Resolution of the Volksraad. Natives to be re- moved beyond the borders of Natal ... ... ... 282 1843. September 7. Commissioner reports arrival of the troops. lie- fractory emigrants have given in land claims.- Commandant (Major Smith) refuses an escort to attend on the Commis- sioner in travelling ... ... ... ... ... 283 1843. September 11. Commissioner reports the arri val oi lk-v. A. Faure 285 1813. September 1G. Sir (Jr. Napier (Despatch). llepo its to the .Secretary of State the quieter feeling ill Natal. L ai.ci claims submitted to Commissioner ... ... ... ... ... 286 1843. October 2. Elders and Deacons at P ieteimaritzburg. Welcome to Reverend A. Faure ... ... ... ... ... 287 1843. October 6. Sir G. Napier to Secretary of State. Transmits corres- pondence received from Natal ... ... ... ... 288 1843. October 28. Commissioner describes his j ourney to the Zulu country. Treaty with Panda ... ... ... ... 290 1843. October 29. Commissioner having heard rumour that emigrant Boers have it in view to possess St. Lucia Bay, has obtained the cession by Panda of the bay to British Government ... 301 1843. November 3. Commissioner reports arrangements for civil busi- ness, police, &c. ; intrigues of Smellekamp, supercargo of the " Bra/ilia." Policy discussed for piotection of native inter ... ... ... ... ... 304 ISIli. Novembers. Major Smith reports that there has "i.een coimmmi- cat'on l.i-tw.-en Smellekamp, supercargo of the " Brazilia," and the emigrants ... ... 308 1843. November 10. Commissioner in Xatal brings to notice the subject of natives in the country, their claims to laud, and the project of the Boers to remove them. Objections to such a course. Proposal to locate natives on lands held in trust ; vicinity of eastern boundary to be avoided ... ... ... ... 309 1843. November 14. Major Smith reports atrocities cc-mmitted by Panda. Flight of refugees. Demand for extradition of fugitives or cattle to be refused ... ... ... ... 315 1843. November 16. Secretary of State approves Captain Smith's pro- r.'t'clings in the matter of the " Biazilia" ... ... ... 320 1843. November 10'. The same. Correspondence with Netheiiauds Government as to " Brazilia" ... ... ... ... 320 1843. November 30. Commissioner, Natal, as to claims of individuals to whom the country, wholly or in part, had been ceded by former Zulu kings ; their invalidity. Suggests quit-rents on large grants. Sites of chief towns. Lots sold, not all paid for. Titles wi-hheld ... ... ... ... ^.. 321 1843. December 1. Commissioner. Opinion on claim of Mr. J. 11. Thompson, by cession of Lieutenant Farewell, to the territory of Natal ... ... ... ... ... ... 327 1843. December 1. Sir G. Napier to Secretary of State. Transmits minutes of Council on the Commissioner's ivport ... ... 328 1843. December (3. Commissioner reports arrival of deputations from be- yond Draaksberg, offering submission to Queen's authority... 329 1843. December 11. Commissioner reports intrigues of Suiellekainp. Clergyman and teacher landtd at Delagoa Bay. Society formed in Holland for purposes of religious aid to, but also of trade with, emigrants ... ... ... ... ... 331 1843. December 15. Commissioner transmits an addies-s for appoint- ment of a minister at or near the port . . ... ... 332 1843. December 2tj. Commissioner forwards list of building lots at Pietermaritzburg. Origin of the town ... ... ... 334 1843. May to December. Extract of Lectures by Mr. H. Cloete. He accepts tbe office of Commissioner. Arrives at the port. Excitement caused by refusal to allow passengers of " Bra- silia " to land. War-party summon armed force from beyond Draaksbeig. Commissioner returns to the port. Land claims. Troops reinforced. Commissioner returning to Pietermaritzburg finds Commandant Mocke with 800 armed men. These entered the Hall during session of the Volks- raad : rebuked, they withdraw. Yolksraad determine that residents beyond Diaaksberg have.no voice in affairs of Natal. Mocke quits Natal. Exposure of Smellekaiup. Her Majesty's views made known. Volksraad accept terms. Four months later, deputation from region inland state the majority of residents willing to accept terms. Offer declined by Governor (Cape) ... ... ... ... ... 336 XII. INDEX. SECTION VI. A.D. PAGE. 1844. January 1. Secretary of State. On the difficulty of sending addi- tional troops to Natal ... ... ... ... ... 351 1844. January 22. Governor (Cape) to Secretary of State. On the position of affairs in Natal ... ... ... ... 351 1844. January 24. Executive Council (Cape) advise Commissioner's Re- ports to be forwarded to Secretary of State ; Commissioner not to cross the Draaksberg : Reverend Mr. Lindley to be minister near the port, Natal; free pardon to Mr. J. J. Burger ; smuggled gunpowder to be forfeited ; outrage on Kafirs by Mr. J. Viljoen to be inquired into by Major Smith ; Report to Reverend A. Faure to be sent to Dovraing-street ... 352 1841. February 12. Commissioner reports tour of inspection in Natal. Excitement caused by the affair of the " Brazilia " subsiding. Deputation of emigrants to iJe la Goa Bay has suffered from fever ... ... ... ... ... ... 363 1814. March 1 1. Commissioner advises location of Kafirs south of Tugela Trial of Moolman and Viljoen. Determination to remove natives from occupied farms ... ... ... ... 307 1841. March 16. Sir G. Napier reports on the state of ecclesiastical matters in Natal ... ... ... ... ... 370 184-1. April P. Executive Council (Cape) advise two missions in Natal, under Reverend A. Grout and Reverend Dr. Adams ... ;>7i' 1844. April 10. Secretary to Government (Cape) to Reverend A. Grout. Appoints him to mission in Natal. Influence desired on the native race ... ... ... ... ... ... 373 1841. April 10. Uhe same to Reverend Dr. Adams. On the same subject ... ... ... ... ... ... :'.75 1841. April 11. Address to inhabitants of Natal to Commissioner ... 375 1844 April 12. Governor forwards Commissioner's repot ton land claims, Natal ... ... ... ... ... ... ... 376 1844. April 13. The same. Commissioner's report on affairs in Natal. Cession by Panda ... ... ... ... ... 377 1844. April 13. The same. Commissioner's report on land for military purposes in Natal ... ... ... ... ... 377 1844. April 23. Keply of Commissioner to address of inhabitants in Natal ... ... ... ... ... ... ... 37s 1844. May 25. Secretary of State approves amnesty to emigrants. Limits of Natal. Form of Government. Cession of St. Li.cia Bay.- Legislation for Natal 1y (. 'ape Legislature. Governor and Council to be appointed. Future policy ... :;7'.' 1844. May L'.V Secretary of State. Territory near the harbour, Natal, kept tor occupancy by English. Natives to be 1< <-uted near English occupants ... ... ... :;s ( ; IS It. .May 30. Commissioner, Xatal, lias completed investigation of land claims. Kesigns his office ... ... 386 INDEX. XIII. PAGE. A.D. 1844. May 30. The same. Transmits list of occupied farms. "Refers to early English landholdprs. History of land claims since acquired 387 1844. May 31. Letters Patent. Annexation of Natal ... 394 1844. June 4. Sir P. Maitland reports completion of fort at Pieter- maritzburg. No troops withdrawn. Cava'ry added ... 395 1844. June It. Commissioner reports on additional land claims, Natal 396 1844. June 17. Governor (Cape) on the importance of missions among natives in Natal. Measures taken .... ... 398 1844. June 19. Despatch. Expenses of Commissioner in Natal not payable from military chest ... 400 1844. June 21. Sus (fatal ... 1844. October 31. Sccivt n-y of Sta*e. As to the classification of land grants in Xat:il... IS It. November 15. Th- sauif. Settlement of natives. Report of Land an:*. Governor (Cape) on refund to military chest uf Commissioner's 6^41 ... ... ... ... 148 1844. Nove-nber 30. Major Smith report? Natal more quiet. Mr. Wahlberg's reports 1844. Nuvem'-er W. Th. j sam . As t ch-'cking intension of natives on private land ... ... ... ... ... ... ! i"> 1844. Dcc.-:iil> ..-I- 10. Governor (Cape) reports that new members of Volksraad refusing oath uf allegiance, old inernb.-rs retain offic : 'te.-ign to expel natives abandoned. Rumour of intrigues at Delagoa Bay ... ... ... ... t Hi 1S14. December :."'>. Governor rep ^rts inte'ligencf of the intentions of Portuguese in regard to emigrant Boers ... ... ... H^ 1845. January 6. Volksrai^ to Governor ;. complain of delay in arrange- ments for a settled government in Natal ... ... ... 449 1845. February 3. Deliberations in Executive Council (Cape) on the preceding ... ... ... ... ... ... 450 1845. February 8. Governor (Despatch) reports completion of Fort Napier, Pietermaritzburg ... ... ... ... l."0 1815. February 17. Secretary to Government (Cape) to Dr Stanger, Surveyor-General Natal. Extent of district. Land grants. Tr.icts for natives. Instructions for the survey ... ... 451 1845. March 24. Major Smith to Volksraad. Explains views of the Government delay in measures will be avoided Surveyor- General hns been appointed ... ... ... ... 4">7 1845. March 2S. Governor (despatch) reports appointment of Surveyor- General, Natal. Adverts to land claims ... ... ... t-"S 1845. April IS. Governor to Secretary of State. States that religious society in Amsterdam cannot be recognised with advantage to Natal ... ... ... ... ... ... 401 1R45. July 2ft. Secretary of State confirms appointment of Surveyor- General in Natal. Extent of land grants ... ... ... ii:$ 1845. August is. Farewell address to Major Smith ... ... ... -iHi 1S1T>. August 21. Reply to preceding ... ... ... ... 4('.4 1845. August 21. Proclamation. Letters Patent annexing Xatal ... 4t'>5 1845. August 21. Proclamation. Queen claims allegiance of her sub- jects beyond the borders ... ... ... ... |.ii7 1S45. August '11. Ordinance. Roman Dutch law to prevail in Nnfcil ... -1C>0 1845. October 1. Governor reports appointment of civil servants in Natal ... ... ... 471 A.D. PAGE. 18 i5. October 15. Secretai-y of State. As to the relations with Xatal of religious societies in Holland ... ... ... ... 472 181-5. November 3. Despatch Queen has received graciously Meiji praying establishment of Civil and Judicial Institutions in Xatal ... ... ... ... ... ... ... 473 1845. November 24. Governor to Secretary of State. Mr. Shepstone appointed to be diplomatic agent in Xatal ... ... 473 1845. December 1. The same. Appointment of Magistrates in Natal. 474 1845. December 1. Commission to Lieutenant-Goyernor West ... 474 1845. December 2. Despatch reporting appointment of Liexitenant- Govemor and Executive Council in Natal... ... ... 176 1S45. December 6. Address of Wesleyan community welcoming Lieu- tenant-Governor West on his arrival ... ... ... 479 1845. Decembers. Reply to preceding ... ... ... ... 479 1845. December 8. Lieutenaut-Governor, Natal, to Governor, Cape. Reports his arrival at Durban ... ... ... ... i80 ISio. December 8. Address of welcome by inhabitants of Durban to Lieutenant -Governor West ... ... ... ... 480 18i5. December 9. Reply to preceding ... ... ... ... 481 1845. December 13. Inhabitants of Pietermaritzburg welcome Lieu- tenant-Governor ... ... ... ... ... 481 1845. December 13. Reply to preceding ... ... ... ... 482 1845. December 15. Lieutenant-Governor, Natal, to Governor. Reports his arrival at Pietermaritzburg ... ... ... ... 483 1845. December 19. Secretary of State to Governor. Conveys the Cnieen's sanction of the Ordinance establishing Roman Duth Law in Natal ... 484 SECTION IV. 1842. EXTRACT FROM CLOETE'S LECTURES. [May-June, 1842.] BUT if the planning and execution of this untoward movement are justly open to the severest censure, it is equally due to Captain Smith to add that his exertions, his perseverance, and the example set in the time of distress, entitle him to the greatest praise. Reduced to nearly one-half of his original strength by this misfor- tune, and expecting every moment an attack on his camp, he applied next morning early for a truce of twenty-four hours to bring in and bury the dead. This having been readily granted, he was indefati- gable in putting his camp into a posture of defence. The numerous wagons he had brought with him were immediately so arranged as to fortify the place- somewhat in the fashion of a Boer's " laager" and the soft and sandy nature of the soil enabled him with the aid of all the non-combatants to dig a trench and throw up a mound around the camp, by which the troops were in some measure protected. But the commanding officer also perceived that his only chance of relief depended upon the rapid transmission of intelligence to the authorities in the Cape Colony. He consulted some of the principal Englishmen then resident at D' Urban, and he happily found in your present worthy and worshipful mayor (G. Cato) a faithful adviser, through whom means were devised to expedite the immediate intelli- gence to the Cape Colony. Richard (commonly called Dick) King, then living in a hut at D'Urban, at once offered to take the despatch (of which I have just given the substance) personally to Graham's Town. The following 2 AXXALS OF NATAL. night he was supplied with two troopers, and the moment night had spread darkness around, Mr. Cato got Dick King and the horses across the bay to the bluff, where King, mounting on one horse and leading the other, soon reached the Umlaas, and before daybreak crossed the Umkomanzi, where he was safe from further pursuit, find wended his perilous journey across Kafirland. Feeling the importance of this mission, he got through the Amabaka and Amaponda countries at the extreme peril of his life ; and on the ninth day reached Graham's Town in an almost exhausted state.* On the receipt of this sad intelligence, the Lieutenant- Governor on the frontier (Colonel Hare) immediately despatched the grenadier company of the 27th Regiment to Port Elizabeth, where they were embarked in the schooner, the " Conch," then fortunately lying there at anchor, Tender the command of our present port-captain (Capt. Bell), who had already visited and was well acquainted with the harbour of Natal ; and Sir George Napier, upon receiving the same painful account, at Cape Town, had fortunately at his disposal the 25th Regiment, which was then only awaiting transports to take them on to India, but which might not be expected for some weeks. Admiral Percy (the Admiral on the station) at once gave up his flag-ship, the " Southampton," of 50 guns, for the proposed expedi- tion : and my worthy and excellent brother, Colonel (now Sir Josias) Cloete, having been placed in command of the whole force, the i?">th Regiment were marched and embarked at Simon's Town, and in an incredibly short space of time, on the 24th June, exactly one month after the day of Captain Smith's disaster, the " Southampton " arrived off the bar, and found the " Conch," which had anchored off the bay the day preceding ; and as the evening fell, rockets and blue- lights were immediately thrown up to cheer the besieged with the hope of instant relief. [CLOBTE'S LECTURES, p. 123.] The very next month after their protest had been transmitted to Sir George Napier, a Dutch vessel, called the "Brazilia," anchored in the Port of Natal, and the supercargo, a Mr. Smellekamp, who is ^iow residing in the Orange Free State (as it is now f called), * He was at one time surrounded by the Amabakas, who, mistaking him at first for a Dutch emigrant farmer, were about to take revenge for the attack made upon them by Pretorius ; but he, happily, could make himself understood, and explained his errand, upon which they allowed him to pass. t 1855. ANNALS OF NATAL. 3 informed the emigrant farmers npon his arrival that a number of merchants in Holland had taken a deep interest in their affairs, and had dispatched this vessel for the express purpose of opening a direct trade with their country, and supplying them Avith " notions " of Dutch produce and manufacture. This arrival, and the display of the Dutch flag, aroused in all the emigrant farmers the most extra- vagant affection for the country and people to which most of them traced their descent. Mr. Smellekainp was received at this place with triumphal honours. Public dinners were given him, the Dutch flag became the ensign of the new Republic; and Mr. Smellekamp led away by the enthusiasm with which his arrival had been greeted, gave the inhabitants of Natal the most exaggerated ideas of the power and influence of Holland in the council of nations: moreover, assuring them of the sympathy and support of the King of Holland, and finally entered into a formal treaty with the Volksraad, assuring them of the " protection " of Holland, to which he affixed his signa- ture in these terms: "Accepted in the name of the King of the Netherlands, subject to His Majesty's formal approval." He further gave them the strongest assurances that they would soon be provided with 'ministers and schoolmasters for the improvement of their moral condition, and with arms and ammunition to repel any hostile attack with which they might be threatened. I cannot give a more striking illustration of the manner in which the Volksraad were misled on that occasion, as to the support they, expected from the King of Holland, than by relating the follow- ing anecdote : Some days after my arrival here, in June, 1843, 1 had an interview with several leading members of the Volksraad, in the course of which I happened to allude to some political measures going on in Europe, and to state that such a measure was under the consideration of the five great Powers to which I had alluded ; where- upon I was at once asked by the spokesman which were these five great Powers to which 1 had alluded. I replied that those Powers were England, France, Russia, Austria, and Prussia. The querist at once exclaimed, " And is not Holland one of them ? " This com- pelled me to enter at some length into the modern history of Europe, and to explain to them how Holland had, since 1830, by the rebellion and subsequent formation of Belgium into a separate kingdom, dwindled into a third-rate Power of Europe ; when the spokesman significantly and bitterly replied, " We were never told that before, but the very reverse." A ANNALS OF NATAL. More than a year before this time,* His Excellencyf had dis- closed to me (being then a member of the Legislative Council at the Cape), in the most frank and confidential manner, his views in regard to this district; and when his correspondence with the emigrant farmers assumed a somewhat serious aspect, after their attack upon Ncapai, His Excellency even proposed to me to undertake a mission to this country, which he was anxious to confide to me ; but I at once respectfully declined the offer, stating that so long as the Home Government had not determined upon its final course in regard to this question, I could never hope to accomplish anything satisfactory to either party. His Excellency still continued to communicate to me every step in the correspondence and relations between the two- countries, and the views of Her Majesty's Government upon the subject; and in the month of January, 1841, His Excellency had already in the fullest manner explained to me his policy in regard to this question. In the month of April, 1842, His Excellency informed me that the necessary arrangements having been now entirely completed, Captain Smith had by the last post announced his departure from the Umgazi Camp, on his march to Natal. I could not help replying that I deeply regretted to hear this news, as I anticipated the most deplorable results from such a movement. Upon His Excellency's pressing me for a further explanation, I at once said that I understood the Captain's force to consist of 250 infantry, besides a small party of the Cape Corps, and two field- pieces, encumbered moreover by a numerous wagon train ; that such a force appeared to me just sufficient to show a hostile intention towards the emigrant farmers, without being sufficient to ensure success if hostilities should ensue, as they certainly would ; and that if the farmers were to be aware of the march of the troops, there was not a " kloof "J or a " drift," which the latter would have to pass, where they might not be cut off without a chance of even making an effectual resistance. Upon His Excellency then asking me what steps I should propose, I stated that if it were- intended to take possession of the Port, this should be done from the- sea, and the troops landed from vessels, which might at once put them on shore. His Excellency, however, replied that he had been informed that the entrance to the bay was defended by field- works, which would render the landing dangerous and, in short, that the measure under discussion had already been decisively settled by the * 1842. f Sir George Napier. J Ravine, or rugged valley. Ford. ANNALS OF NATAL. 5 troops "having passed into the Amaponda country. But the substance of this interview was forgotten neither by His Excellency nor by myself when the disastrous events which I am about to refer to became known in Cape Town. * * * * EXTRACT FROM A NARRATIVE COMMUNICATED BY DEPUTY-COMMISSART-GENERAL W. PALMER. [May-June, 1842.] General orders and military despatches have been published, purporting to give the particulars of occurrences up to-the time of our being besieged in the camp at D'Urban. The siege was pro- tracted : it lasted a month. The stores and provisions of every kind were soon exhausted. For three weeks the men had no sustenance but half-a-pound of dried horseflesh each man for a day. The crows that perched on the dead carcases of horses round the camp were shot frequently and numerously, and were eaten chiefly by the women and children. After the disaster of the night of 23rd May, Richard King, who had for some time been a resident in the neighbourhood, was -despatched to carry the intelligence to Graham's Town. I believe that he volunteered for the performance of this service ; and it was a bold and venturesome undertaking. Two of the best horses in the detachment of Cape Mounted Rifles were supplied for his use. At dusk in the evening he was taken over in a boat by Mr. Cato the horses swimming at the stern from the inner shore of the bay to the bluff. He knew the language and the foot- ways or tracks of the country. Between the Umkomanzi and Umzimkulu he was pursued by some of the Boers, of whom a few were in that part of the district, but he was not overtaken. He delivered his despatches at Graham's Town, having most expeditiously performed a long and difficult journey through a country in great part uninhabited. No natives were then living between Port Natal and the St. John's River. There were mission stations between, about twenty miles beyond the St. John's ; but between these and the Kei River the country was devoid of inhabitants. AXXALS OF NATAL. EXTRACT FROM A LETTER OF CAPTAIN LONSDALE, 27ra REGIMENT (SEVERELY WOUNDED ox THE XI.IHT OF 23Ki> MAY), TO HIS MOTHER. [May-June, 1842.] We all slept in the trench this night (31st May). Next morn- ing we were awakened by a shot from one of the great guns passing jnst over our heads. The firing continued as usual until about 12 o'clock, when a flag of truce came to the camp, to say that the women and children might leave the camp and go on board one of the ships in the bay. After- a little consideration, Margaret consented to go with the children, for they could not be of any use in the camp ; and how were they to live in the camp when we ran short of provisions ? So they were- escorted to the shore by some of the Boers. Part of the way they went in a large wagon : they were also very polite, and some of them wanted to know if Margaret was old Captain Smith's " vrouw." * * They went on board the " Mazeppa," which was at this- time, as was also the other vessel, in the possession of the Boers, who used to go on board when they pleased. On the 10th June, the " Mazeppa " slipped her cable and put out to sea, but not before she received a salute from the Boers at the Point ; but she did not receive any injury. After Margaret and the children left, which they did in such a hurry that they had not a change of clothes, the Boers continued the attack, and they made trenches all round us, so that no one could go outside the camp^ or into a tent, without having a shot fired at him. We never returned the fire at random, but only when we had a chance of doing some execution. We sent out a party early in the morning of June 18th to fill up some of their trenches, and when our party came to it the Boers were alarmed. They fired one round, which killed Ensign Prior, of our regiment, and two men. Our fellows did not give them time to load again, but rushed into the trench and bayonetted almost all of them. At this time nearly all our provisions were gone. We were living on our horses and biscuit-dust six ounces of the former and four of the latter per day. Sometimes we had a little corn. We dug a well in our camp, but the water was bad. Some- times it was difficult to cook our little provisions for want of wood. The wounded suffered very much, as the doctor had nothing in the ANNALS OF NATAL. way of medical comforts. I was lying in the trench twenty-seven days, hardly able to move, and with not so much as a jacket on. (Quoted in Holden's History.) STATEMENT MADE TO REV. W. C. HOLDEN BY MR. JOSEPH CATO, IN CHARGE OP THE "MAZEPPA," 90 TONS, IN THE BAY OF NATAL. " June 10th, 1842, four o'clock p.m. Slipped both our anchors, and made all sail to cross the bar, before the Dutch guard placed at the Point could muster to oppose our departure. The wind failing us off the Sandspit, gave the farmers the advantage ; eighty of them got down before we could round the Point, armed with muskets and a four-pounder. The tide making in strong flood, at about four knots an hour, with light winds, made our progress very slow, and we became quite a target for them to fire at. For a short time they did us great damage in the rigging, their muskets being those used for elephant- shooting, some of them four balls to the pound, and our distance from them not being more than thirty yards. The breeze at length freshened, and we happily got out safely without any loss of life." DESPATCH FROM SIR GEORGE NAPIER To THE RIGHT HONOURABLE THE LORD STANLEY, SECRETARY OF STATE. Government House, Cape of Good Hope, 13th June, 1842. MY LORD, I have the honour to transmit three reports addressed to Colonel Hare by Captain Smith, 27th Regiment, commanding a force of 263 men, including all ranks, two light field-pieces, and one howitzer, with which that officer marched from the CJmgazi Camp on the 1st April last, for the purpose of t&king military possession of Port Natal, according to the instructions issued by me to him, copy of which was transmitted to your Lordship in my despatch No. 35, of the 4th February, and in pursuance of the orders which I received from your Lordship's predecessor, Lord John Russell, to which my despatch No. 136, of the 6th December, 1841, more fully refers. The t\vo first reports contain such ample details of Captain 8 ANNALS OF NATAL. Smith's march from the Umgazi Camp to Natal, that I need only advert to the last report, dated 25th May, received by me the day after that of the 14th May, and which gives the details of an unsuc- cessful attack made on the night of the 23rd May against the hostile emigrant farmers encamped on the Congella River. The emigrants followed up their advantage by several attacks on Captain Smith's original position, where he had left a large portion of his force, and to which he retired. These attacks were spiritedly repulsed by Her Majesty's troops until daybreak, when the emigrants retired to their position on the Congella. Captain Smith and the officers and troops under his command appear to have behaved with great steadiness and gallantry under the trying circumstances in which they were placed, and I have every confidence that the courage, steadiness, and ability ot an officer of such experience as Captain Smith will enable him to extricate himself from his present position, and to retain possession of the post until the arrival of reinforcements. I enclose the return of casualties, and regret to say that Lieu- tenant Wyatt, of the Royal Artillery, a promising young officer, was killed, and Captain Lonsdale, 27th Regiment, severely wounded, and Lieutenant Lennard, 27th, slightly. I shall immediately take steps to reinforce Captain Smith from this garrison, as the Lieutenant-Governor, Colonel Hare, informs me he cannot spare any troops from the frontier ; and as soon as the arrangements are made, I shall acquaint your Lordship accordingly. I have the honour, &c., (Signed) GEORGE NAPIER. DESPATCH FROM SIR GEORGE NAPIER To THE RIGHT HONOURABLE THE LORD STANLEY, SECRETARY OF STATE. Government House, Cape of Good Hope, ' 13th Jane, 1842. MY LORD, With reference to my despatch No. 1J4, of this day's date, I have the honour to state that His Excellency the Admiral, Sir Edward King, on my representation, has with the greatest prompt- ness agreed to embark on board Her Majesty's ship " Southampton " part of the troops I have deemed it necessary to despatch forthwith to Port Natal for the reinforcement and security of Captain Smith's ANXALS OF NATAL. g detachment at that place. The remainder will embark on board the brig " Maid of Mona," which I have taken up for transport of troops, stores, provisions, &c., according to the enclosed statement, which will put your Lordship in possession of the amount of force and all other details. I have given the command of the expedition to Lieutenant- Colonel Cloete, Deputy-Quartermaster-General, an officer whom I deem peculiarly calculated for this command, from the circumstance of his long experience in the colony, of which he is a native, and his perfect knowledge of the language, habits, customs, and feelings of the Dutch colonists, to which class the emigrant farmers or Boers belong ; and, acting upon the instructions I have laid down, a copy of which is enclosed, I feel confident he will fully carry out my wishes, and, if possible, bring these misguided and ignorant subjects of Her Majesty to a proper sense of their present perilous position and wrong doings. The Lieutenant- Go vemor has acquainted me that he does not consider it safe to reinforce Captain Smith from the troops in the Eastern Districts, as he cannot spare them. This renders it abso- lutely necessary to send five companies of the 25th Regiment from this garrison, leaving only one company to do all the duties here ; but as the emergency of the case is so evident, I feel confident your Lordship will approve of the steps I have taken, and the heavy responsibility I have incurred, in thus, I fear, interfering: with the arrangements as to the 25th Regiment proceeding to India, according to the orders I received by the last ship from England, desiring me to have that regiment held in readiness to embark, in such tonnage as may be provided for it. My hope, however, is that ere the ton- nage arrives the affair of Natal will be settled, and that most, if not all, of the troops will be on their way back to headquarters in the " Southampton." I may also state that, should any regiment, or part of one (say the three companies of the 91st from Saint Helena), be sent here, I shall immediately relieve, as far as possible, that part of the 25th which may be left at Port Natal, so as to get them here in time to embark for India. In short, my Lord, everything shall be done on my part, as far as my limited means permit, to accomplish the object of this expedi- tion within the shortest time possible, as I am well aware of the importance of forwarding the views of Her Majesty's Government as to the operations in India. I0 ANNALS OF NATAL. Trusting that your Lordship, upon perusal of my three des- patches of this date, will admit that the difficulties in which I am at present placed are considerable, I venture to solicit your approval of the measures which I have taken on this occasion. I have the honour, &c., (Signed) GEORGE NAPIER. Enclosure 1. Return of the force despatched to Port Natal under the command of Lieutenant-Colonel Cloete. Enclosure 2. Instructions for Lieutenant-Colonel Cloete, com- manding the troops proceeding to Port Natal. DESPATCH FROM SIR GEORGE NAPIER To THE RIGHT HONOURABLE THE LORD STANLEY, SECRETARY OF STATE, Government House, Cape of Good Horn 1 , 13th June, 1842. MY LORD, In connection with the subject of my despatches. Nos. 114- and 115 of this date, I have now the honour to transmit the copies of some correspondence which has taken place between Captain Smith and myself, relative to the proceedings of the Volks- raad, or Council of the People of Natal, together with a copy of a letter addressed to me by that body, dated the 21st February last, as also copies of the subsequent communications from Captain Smith which tend to throw any light upon the state of feeling among the emigrants. To the letter of the Volksraad I made no reply, conceiving that the tone thereof was so objectionable, that, without compromising the dignity of the British Government, I deemed it impossible to return any answer likely to produce a salutary or conciliatory effect. That the Boers would have been so misguided as to subject the troops to such annoyances as would make it necessary to have recourse to arms, I never seriously apprehended ; that they would write manifestoes, and either submit with great unwillingness, or retii-e from the neighbourhood of Natal, I never doubted ; and I still feel confident that, unless the Dutch vessel mentioned in some of the correspondence now enclosed, had made her appearance, the farmers would not have been excited to place themselves in a AXXALS OF NATAL. II position which may unhappily preclude an easy adjustment of the difficulties which surround this question. It is probable, and I should say most likely, that neither the captain nor the supercargo of the " Brazilia " have been so much implicated, or have said so much, as has been attributed to them ; but, be this as it may, it is right that your Lordship should be acquainted with all the circumstances connected with that vessel, so far as they have come to my knowledge. The Boers are ignorant and credulous, and give ear to every story, no matter how absurd, provided it is told to them by those in whom they confide ; it is therefore natural to conclude that the sayings of these foreigners were either exaggerated, or that, in order to give themselves a little additional importance on the occasion, they did assume to themselves the semblance of powers with which the Dutch Government never invested them. I regret, however, that to the arrival of that vessel, and to the consequent excitement produced, is to be attributed the annoyances offered to the troops between the 17th May and the date on which the action was fought. I lost no time in communicating to the Admiral commanding on this Station the intelligence I had received relative to the ; ' Brazilia ; " but even if he had been able to despatch a vessel of war, the time was too short to enable her to reach Xatal prior to the departure of the " Brazilia," or even to the 22nd ultimo. The letters of Mr. Cowie, who has been for some years at Port Xatal, and always well affected towards Her Majesty's Government, show that up to^a, late date he never anticipated the probability of an armed resistance. Mr. Cowie is married to a daughter of a Dutch Boer, and has a considerable influence among a portion of the farmers ; his information is therefore, I believe, pretty correct. The instructions which I have given to the officer in command of the detachment sent to the relief of Captain Smith, a copy of which is transmitted in my despatch No. 115, are purposely framed with as much generality as possible. There are so many difficulties connected with the law as regards the treatment and punishment of those who may be caught in arms, to some of which Mr. Justice Menzies has adverted in his letter of the 12th instant, a copy of which I also enclose, that, after mature deliberation, it appears to ine inexpedient to throw upon an officer in command of a military expedition the responsibility of settling questions connected with the laws of nations, which could be more properly settled by the tribunals 12 ANNALS OF NATAL. of this colony, in the event of any prisoners being transmitted for trial. Until I receive further accounts from Captain Smith, it is super- fluons to occupy your Lordship's time with speculations as to what will be the future course to be pursued. I have ever made, and am still willing to make, every due allowance for the prejudices of these misguided men, and for the wrongs, either supposed or real, which led many of them to abandon the colony. I have been deeply sensible of the hardships they endured during the first few years of their pilgrimage, and therefore I am sincerely grieved that a hostile demonstration should have been made at a time when I was in hopes that Her Majesty's Government would have conveyed to me such instructions as would have enabled me to enter into some definite arrangement with the emigrants. I shall lose no opportunity of transmitting to your Lordship any further information which I may receive in regard to the state of affairs at Port Natal. I have the honour, &c., (Signed) GEORGE NAPIER. GENERAL ORDERS. Headquarters, Cape Town, 19th July, 1842. The Commander-in- Chief has great satisfaction in announcing to the troops in this command the complete success of the detachment of Her Majesty's forces sent under Lieut. -Colonel Cloete to reinforce Captain Smith, 27th Regiment, and to relieve that officer and his .gallant band from their perilous situation, as well as to retake the Port of Natal. These objects have been attained by the gallantry and determination of British officers and soldiers, assisted and gal- lantly supported by the officers and ship's company of Her Majesty's ship " Southampton," under Captain Ogle ; a combined force which the insurgent Boers could not withstand one moment, having fled as soon as the troops landed, thus showing the impossibility of these rebellious subjects of Her Majesty being able to stand against the united bravery and loyalty of British sailors and soldiers. The Commander-in- Chief takes this opportunity of thanking Lieut.-Colonel Cloete, commanding; Major D'Urban, second in com- mand ; Lieutenant Maclean, commanding Royal Artillery ; and the litest of the officers, non-commissioned officers, and soldiers of the ANNALS OF NATAL. 13 expedition including Captain Dnrnford, 27th Regiment, and the officers, non-commissioned officers, and soldiers of the detachment under his orders, sent by Colonel Hare from Port Elizabeth, for their spirited and gallant conduct as reported by Colonel Cloete. The Commander-in-Chief deems it his especial duty to call the attention of the troops under his command to the admirable conduct of Captain Smith, 27th Regiment, and the whole of the officers, heads, of department, and privates of the detachment under that officer's command, consisting of two companies of the 27th Regiment, and parties of the Royal Artillery, Royal Sappers and Miners, and Cape Mounted Riflemen. The firmness, excellent discipline, and gallantry displayed by that little band of British soldiers and their commander, under a constant and heavy fire from the insurgent Boers, as well as the severe privations they endured for one month previous to their- relief by the force under Colonel Cloete, is a fresh proof of the indo- mitable courage and loyalty which ever animate the breast of the British soldier, and will show the rebel Boers the folly and hopeless- ness of their being able to withstand the power of the British Govern- ment. The Commander-in-Chief also takes this opportunity of thanking Captain Ogle, Commander Hill, and the officers and sailors, as well as Lieut. -Col. Hughes and the Royal Marines, of Her Majesty's ship " Southampton," for the kindness shown by them to the troops while on board, and their active and gallant co-operation in the landing. The Commander-in-Chief feels assured that the troops will, equally with himself, lament the loss of Lieut. Wyatt, Royal Artillery, and all their brave comrades, who have fallen by the fire of the insur- gents in their various attacks upon Captain Smith's camp ; but as-, they lived good soldiers, so have they gallantly died, doing their duty as loyal subjects and faithful Christians. (Signed) GEO. NAPIER, Captain, Acting Deputy-Quartermaster-General. 14 ANNALS OF NATAL. GOVERXMEXT ADVERTISEMENT. Colonial Office, Cape^of Good Hope, 16th July, 1842. His Excellency the Governor has been pleased to direct the following despatches from the Officer commanding Her Majesty's troops at Port Natal to be published for general information. By command of His Excellency the Governor, (Signed) J. MOORE CRAIG, Acting Secretary to Government. Natal Camp, June 30th, 1842. His Honour Colonel HARE, C.B. & K.H., Lieutenant-Go vernor. SIR, I have the honour to lay before you the following particu- lars respecting the position of the force under my command since the date of my last despatch until the period of their being relieved, on the 26th of this month, by the troops sent for that purpose from the colony. Various reports having been brought to me on the 25th May, respecting the intentions of the farmers to make a combined attack on the camp that night, I kept the troops under arms ; but nothing transpired until a short time previous to daybreak on the following morning, when volleys of musketry, accompanied by the fire of large guns, were heard at the Point, which post, I regret to say, the Boers carried after a desperate resistance on the part of the detachment stationed there. By this untoward event, an eighteen-pounder, which there had not been time to remove, fell into their hands, as well as the greater portion of the Government provisions landed from the " Pilot." Fortunately, all the powder, with the exception of a small portion for the eighteen-pounder, had been brought to the camp, in which I had caused a field magazine to be constructed. The Engineer stores were also saved, but there being no place at this post wherein the provisions could be protected from the weather, I had been obliged to leave the greater portion at the Point, merely bringing up a few wagon-loads from time to time, as required. Finding myself thus cut off from my supplies, I resolved to con- centrate the remainder of my force in the camp, and there await the ANXALS OF NATAL. 15 reinforcement which, I made no doubt, would be sent from the colony, on the receipt of the despatch forwarded by me overland on the evening of 25th May, and entrusted to the care of Mr. King. The farmers having desired the captains of the " Pilot " and the ' Mtizeppa " to write and express to me their willingness to enter into arrangements for the removal of the troops, which letter reached me the day after the Point fell into their possession, I accepted their proposal for a truce, being desirous of gaining time to strengthen the post as much as possible. During its continuance, they sent in terms so ridiculously extravagant that, although the quantity of provisions in the camp was extremely limited, I immediately broke off all communication with them, being fully determined, sooner than sub- mit, to endure the extremity of privation. I therefore placed the men upon half-allowance, destroyed a small post which I had caused to be erected between the camp and some buildings occupied by the English residents, and made my position as secure as I possibly could with a view to holding out to the last. Their arrangements being completed, the farmers about 6 a.m. on 31st made a desperate attack on the camp, throwing into it during the course of the day 122 round shot, besides keeping up an incessant fire of musketry. During the course of this day they sent the Rev. Mr. Archbell with a flag of truce, proposing to allow the women to leave the camp, and to send back two wounded men ; but this was done merely to gain time to repair some works thrown down by the fire from our batteries. Here I think it right to observe that they were incessantly employed every night in making approaches towards the camp, which were constructed with considerable skill. This the nature of the ground enabled them to do with facility, and from thence a most galling fire was incessantly kept up, particularly on the two batteries wherein I had placed the 18-ponnder and the howitzer. Finding that the few cattle remaining at the kraals were dying, either from wounds or want of sustenance, I directed that they should be killed and made into "biltong," reducing the issue to half-a-pound daily. I also had a well dug in the camp which gave good water, there being a risk in going to the " vley " at night, from whence we had hitherto procured it. In resuming- my detail of proceedings, I may state generally that the attacks on the camp were continued from day to day with more or less spirit by the farmers, who, having soon exhausted their iron balls, fired leaden ones from their large guns, in some instances 1 6 AXXALS OF NATAL. sending- them with much precision. Our practice from the camp- was excellent, a shot from the 18-pounder having dismounted one of their 6-pounders on 3rd instant, besides wounding several of those- attached to it. On the night of the 8th, I sent out a party to destroy some works in our front, which was accomplished without loss. In a sub- sequent sortie made on the night of the 18th instant we were less, fortunate, although the duty was performed with great gallantry, the Boers being surprised in their trenches, and many bayonetted after a stout resistance. In this attack, which was headed by Lieu- tenant Molesvvorth, 27th Regiment, I had to regret the loss of Ensign Prior and two privates of the same corps, who were killed, besides, four others being severely wounded. Upon inquiring into the state of the provisions this day, I found that only three days' issue of meat remained. I therefore directed that such horses as were living might be killed and made into "biltong." We had hitherto been issuing biscuit-dust, alternating- with biscuit and rice, at half-allowance. The horse flesh, of which there was but little, we commenced using on the 22nd, and by a rigid exactness in the issues I calculated we might certainly hold out, although without meat, for nearly a month longer, for we had 11 (eleven) bags of forage-corn in store, which I commenced grinding into meal, and by every one contributing what remained of private into the public stock, a tolerable quantity of various articles of sus- tenance was obtained. On the night of the 24th, several rockets, apparently from a vessel in the ba}', assured us that relief was near at hand : these we answered. On the night of the 25th, the many rockets from seaward assured us that not only was a vessel in the bay, but that she was communicating with another in the offing : a surmise corroborated on the following day by the landing of the party under Colonel Cloete, and their final relief of the post in gallant style, between three and four o'clock in the afternoon. To the dry detail of proceedings I have given, I beg to add a few remarks : and first with regard to our loss. Within the period embraced between the 31st May and 25th June, 651 round shot of various sizes had been tired at the camp, in addition to a continued and watchful fire of musketry ; and yet our loss during this period was but one sergeant and two privates of the 27th killed and three wounded ; one Cape Rifleman and one civilian wounded ; exclusive of the loss I have previously noted as occurring during the sortie on the morning of the 18th instant. The damage- AXXALS OF XATAL. ij- to the wagons and tents, and private as well as public property, was, however, great ; for these it was impossible to secure in such a man- ner as to preserve them from injury. Among the serious disadvantages I had to contend with, I may mention that the numerous people attached as leaders and drivers to the different wagons, many having large families who required to be fed, hampered me sadly in the trenches ; while the vast number of cattle originally with the wagons were a very material encumbrance. These, however, were driven off ; for nearly all the Boers (contrary to the opinion entertained in the colony) were mounted, and thence enabled to move with a celerity that baffled nearly every movement that infantry could make against them. I have thus given a detail of the chief circumstances connected with the command entrusted to me. That it should have been so far unsuccessful, I regret ; but the resistance on the part of the farmers since my arrival has been universal : those few who professed them- selves friendly having carefully abstained from giving assistance, in most cases using that profession as a convenient pretext for hiding their disaffection from observation. All the property of the English residents the Boers plundered and sent to Pietermaritzburg. Thev also took out the greater part of the freight of the " Mazeppst " (including the whole of my own property), which they sent to th% same place. The prisoners taken at the Point, English residents as well as soldiers, have also been marched thither ; and the former have, I understand, been treated with great harshness. After being plundered, the " Mazeppa " escaped from the harbour on the night of the 10th instant. In conclusion, I beg to state that nothing could exceed the patience and cheerfulness evinced by the troops under the privations-.' they suffered ; and I feel satisfied that, had it been necessary to have held out for a longer period, they would have endured their farther continuance without a murmur. I have the honour, &c., (Signed) J. C. SMITH, Captain, 27th Regt. P.S. I omitted to mention in its place that round shot on the 8th instant broke the carnage of the eighteen-pounder in two places, but we repaired it so as to be perfectly serviceable. J. C. SMTIH'. xx l8 ANNALS OF NATAL. Port Natal, 28th June, 1842. To His Excellency Sir G. NAPIER, K.C.B , Governor and Commander-in-Chief, &c., &c. SIR, On the 27th I availed myself of a Kafir messenger to report to your Excellency, in a few words, that Captain Smith was extricated and Port Natal in onr possession. It is now my duty to give the details of my proceedings. Her Majesty's ship " Southampton " arrived and anchored off Port Natal on the night of the 25th instant. Here was found at anchor the schooner " Conch," with Captain Dnrnford, 27th Regiment, and a detachment of 100 men, two small howitzers, and some stores, despatched by Colonel Hare from Algoa Bay on 10th instant. Captain Dnrnford reported that the insurgent Boers had refused him all communication with Captain Smith (ridi> Enclosure No. 1) ; that the headlands at the entrance of the harbour were armed with fcftgkns ; and that the Boers had collected in force to oppose our landing. SJgnal-guns and rockets were fired from the frigate to intimate our arrival to Captain Smith, and every arrangement made for carrying tli place as soon as the tide served and the frigate could be placed so as to cover our landing. At 2 o'clock p.m. on the 26th instant, the " Southampton " was in position, and the troops were embarked in the boats, which, however, could only take 85 men ; 35 had been previously added to Captain Durnford's detachment on board the " Conch." The sea-beach being impracticable, the previous order of attack was changed; and I directed Captain Wells with a detachment of 35 men to land on the first point of the high bluff within the bar, and drive the Boers out of the thick bush, whilst the " Conch," the launch armed with a caiTonade, and the barge, were to proceed direct into the harbour, land, and take possession of the Port. A fresh sea-breeze fortunately set into the harbour at the vi-ry time of our advance. The " Conch " taking thus the boats in tow crossed the bar at 3 o'clock. Captain Wells landed where directed, when a brisk fire was opened on the " Conch " and boats from both shores that from the high wooded bluff within twenty yards of the boats ; yet in spite of the short range and cross-fire under which the boats had to pass, so quick was our advance aided by both wind and tide, that but little effect was produced by their fire. When opposite the landing place, from which the firing still continued, I ordered ANNALS OF XATAL. jg Major D'Urban to land, who immediately jumped on shore, and we rushed to the flagstaff to pull down the colours and give Her Majesty's frigate notice that we were in possession, and to cease firing. The Boers abandoned their strong ground the instant we landed yet so thick was the bush and so broken the ground, that, though from the strong fire kept up they must have been in force, yet not half-a-dozen of them were ever seen. I have since learned that the number of Boers who defended the Port amounted to 350 men. Their loss it has been impossible to ascertain. Having thus seized the Port and landed the men from the " Conch," the troops were immediately formed. Captain Durnford was ordered to enter the bush on the right and drive the Boers before him, whilst I placed myself on a roadway in the centre Major D'Urban taking the left, along the harbour beach. In this order we advanced through a bush, the character of which it is difficult to describe, and which might have been held by a handful of resolute men against any assailants. On reaching the open ground, we found the direction of Captain Smith's entrenched camp by the firing of his heavy gun ; we marched upon the point. Captain Smith now threw out a party, and we joined him at 4 o'clock. Having thus executed your Excellency's commands with all military promptitude, by extricating the brave detachment of troops under Captain Smith, I strengthened his post by Captain Durnford's detachment, and directed Major D'Urban to hold Stellar's farm, returning myself to the Port to arrange a post of defence with such of the troops as I expected would have been landed. The gallantry with which Captain Smith defended his post for a whole month, under no ordinary circumstances of privation, having been reduced to horseflesh for food, closely hemmed in by a desperate and vigilant foe, with no less than twenty-six wounded within his closely confined camp, is highly creditable to him and to his party. Tims was accomplished within the incredibly short space of one month from the date of Captain Smith's report of his position, the relief of his party at the distance of 1,500 miles from Cape Town, whence the relief was despatched, his communication having had to pass through hostile bands and a savage country. I have now reported to your Excellency the proceedings which have placed me in possession of Port Natal ; and I have kept them distinct from any mention of the Naval co-operation and assistance I received from Her Majesty's ship " Southampton," feeling it to be due to Captain Ogle, commanding, Commander Hill, and the officers and 2O ANXAI.S OF NATAL. seamen of that frigate, that their services to us should be separately noticed, whether as to the cheerful good-will displayed towards us whilst on board, or subsequently in the more important service per- formed in covering our landing by the admirable practice from the ship's heavy battery, and spirited assistance given us by Captain Hill in command of the boats. In my order of the day, I have inadequately attempted to express my thanks to those officers, and I should not be doing them justice- without repeating it here in the strongest terms. If our success be not absolutely indebted to the opportune presence of the ' Conch," to her protection must be mainly ascribed the very small loss we- suffered in forcing the entrance. The troops conducted themselves with the greatest steadiness ;. and I am much indebted to Major D' Urban for his prompt landing, and the assistance he has afforded me throughout these operations. I also received the best support from every officer under my orders in conducting these operations ; and particularly so from Lieutenant William Napier, who acted as my aide, and has been of the utmost service to me, not only by his spirit in our active opera- tions, but equally by his attention to all details and arrangements so- essential on such occasions. I enclose a return of casualties. I have the honour, &c., (Signed) A. J. CLOETK, Lieut. -Colonel, Dep.-Qr.-Mr. -General, Commanding. P.S. I also enclose a return of guns and ammunition captured on the 26th. [Enclosure No. 1.] De Generaale Commandant van de Uitgewekeiie Emigranten van >'atal is stellig van mening, hoe ook genaamd, geene correspondentie met het Laager van Kapitein Smith toe te laten. Den 25 Juni, 184'2. [Translation.] The General Commandant of the Emigrants of Natal has positively determined to allow of no correspondence with Capt. Smith's camp. [Enclosure No. 2.] MEMORANDUM. H. M. Ship "Southampton," 26th June, 1842. The attack on the emigrant farmers' position at Natal will be made in two divisions. The first under the immediate command of Lieutenant- Colonel AXXALS OF NATAL. 21 Cloete, who will first cross the bar, force the entrance, and' seize the sandy point. The second division, commanded by Major D'Urban, will land if practicable on the sea-beach, spread himself, take the insurgents in flank, and extend his right towards Captain Smith's camp, with, whom he will open a communication. (Signed) A. J. CLOETE, Lieut. -Colonel, Dep.-Qr.-Mr.-General, Commanding. \ _ _ i [Enclosure No. 3.] BRIGADE ORDERS. Port Natal, 27th June, 1842. Lieutenant- Colonel Cloete, commanding the troops at Natal, has to congratulate the detachment Royal Artillery under Lieutenant Maclean, detachment 25th Regiment under Major D'Urban, and detachment 27th Regiment under Captain Durnford, with the success of the expedition on which they were employed in extricating a detachment of Her Majesty's troops under Captain Smith, closely surrounded by bands of hostile insurgent Boers, against whom they had gallantly maintained their post for a whole month, though reduced to horseflesh for food. Lieutenant-Colonel Cloete has to thank Major D'Urban and the troops for their steady and spirited conduct in the affair of yesterday. To the able assistance and spirited co-operation of Captain Ogle, commanding, and Captain Hill, and the officers and seamen of Her Majesty's ship '' Southampton," is entirely due the very trifling loss sustained in forcing the entrance into the harbour, in which the troops received the valuable protection of the " Conch," schooner, commanded by Mr. Bell. 2. Correct returns will be sent in immediately of the exact strength of the several detachments composing the forces employed at Natal with a nominal list of the casualties that occurred yesterday evening. (Signed) A. J. CLOETE, Lieutenant- Colonel, Dep.-Qr.-Mr.-General, Commanding. [Enclosure No. 4.] CASUALTY R E T u n x . Return of Casualties during the disembarkation of Her Majesty's troops at Port Natal, on 26th June, 1842 : Killed: one lance-corporal, 25th Regiment; one private, 27th 22 AXXALS OF XATAL. Regiment. Wounded : three privates, 25th Regiment, one private,. 27th Regiment, and two seamen of H. M. Ship " Southampton." Total : killed, '2 ; wounded, 6. [Enclosure No. 5.] RETURN OF THE Guxs, AMMUNITION, &c., TAKKN AT PORT NATAL ox 26rH JUNK, 1842. 1 iron gun, 4-pounder, placed on the north side of the harbour,, looking seaward. 1 do. do., 4-pounder, placed on the Bluff point, south side of the harbour, looking seaward. 2 quarter-barrels of powder, L.Gr. 14 rounds of ammunition, 3 Ibs. each, with lead balls weighing 6 and 8 pounds, 14 in number. (Signed) P. MACLEAN, Lieut. Commanding Royal Artillery. CAPTAIN" BELL'S NARRATIVE. WILLIAM BELL, COMMANDER OF THE SCHOONER " CONCH " (1842), AND FOR MANY YEARS PORT-CAPTAIN AT PORT NATAL. WE sailed from Table Bay with a general cargo for Algoa Bay. I weighed anchor with a moderate northerly breeze, Avhich soon increased to a gale. * * * We consequently had a quick but boisterous passage. * * * My trusty mate had discharged the cargo, and was preparing to take in for the Cape, when one morning Major Selwyn, R.E., came galloping to Port Elizabeth as if he was on some important mission. He went to the hotel and inquired what vessels there were in the bay. In the intt r\ ;i I one of the orderlies let out that " all was not right at Natal." My agent, Mr. J. 0. Smith, called and told me that there was a rumour that the troops at Natal had been defeated by the Boers. I asked Mr. Smith to go and see Major Selwyn, and to offer my services, if required, ;is the " Conch " was the only vessel in the bay fit to cross the bar, and I was the only master who had been to Natal. He returned and told me that the rumour was correct, and that he had offered my services, which were gladly received ; the Major remark- ing that I was the very man he wanted, and he wished to see me at ANNALS OF NATAL. 2J once. I went to the hotel, where he produced Captain Smith's letter, stating that he did not wish to conceal anything from me. It contained all their disasters up to its date, with a sketch of the camp. The Captain wrote in good spirits, considering all things. This I was not surprised at when I afterwards became acquainted with the lion-hearted soldier. The Major at the same time told me that troops had left Graham's Town, and that he expected they would be ready to embark in two days from that time. The news soon reached the " Conch," after which I received a note from the mate, informing me that the crew had been suddenly taken ill. I at once guessed the cause of illness, and took the doctor off with me. I understood the sickness better than the doctor, and reminded them that if they refused duty, or went on shore, Captain Lloyd, Resident Magistrate, a gentleman they dreaded very much, would give thenr three dozen each. They got a little better after this, but went about their work very doggedly. During the day I observed a great con- fusion on the beach. Men were discussing the " Natal question." I quite agreed with them that the Boers ought to have a licking ;. and said if I could get three or four smart young fellows I should go. to Natal for that purpose. Three of them volunteered at once. I went to the beach to look for a boat. On reaching the landing place,, I found the grenadiers of the 27th Regiment drawn up in line, stow- ing away a half-aum of " Cape-smoke " that the Commandant had given them, at the same time entertaining the townspeople with songs. After they embarked in the boats, my gallant volunteers were ordered to the front for embarkation. Many efforts were made to discourage me from going, and I was told i was going to serve a Government that would not thank me. After hauling the new hands on board, one of them made a furious attack on the cook : I suppose he took him for a Boer. About midnight the wind came from the north-west, and before daj'light we were under weigh, the soldiers cheering the ships in the harbour as we passed them. At 6 p m. we were off the Kowie, where we fell in with the schooner " Margaret," bound to Algoa Bay, and which had been reported lost. Here one of the volunteers came on deck for the first time ; he looked very wild, and enquired the name of the vessel, and where she was bound to, which caused some amusement. We had to contend against adverse winds and currents, and only reached Natal after a passage of thirteen days. Nevertheless, the time passed merrily, as the old 27th produced a fine lot of soldiers and officers. On sighting the bluff, I told Captain Durnford, commander of the troops, that we 24 A \\ALS OF XATAL. could not enter the harbour with the wind then blowing-, and that Ave shonld be obliged to anchor in the outer roads, and wait for a fail- wind. He asked me if I could devise a plan to get some of the Boers on board. I proposed that the soldiers should go below, when a few miles to the westward of the bluff, in which the Captain con- curred. The men were then ordered below, which was cheerfully obeyed, leaving the hatches off, to give them as much air as possible. The officers, in plain clothes, remained on deck. On coming round the bluff, we were soon convinced that the rebels were in full possession of the harbour and entrance, and could distinctly hear firing between the Boers and the troops at the camp. There was also a vessel in the harbour, which proved to be the brig " Pilot," of Cape Town, which had been taken possession of by the Boers. We came to anchor in the usual way. making it appear that we were unconscious of what was going on. We waited for some time, but finding that no boat came out, we lowered ours, and prepared to go in with the " flag of truce." They had just pushed oft' when a boat was observed coming : we therefore called our boat back. All this time the soldiers were below, almost suffocated. As the boat approached, I observed two persons sitting ; and as I expected them to be of some importance, I went to the gangway to receive them. As the boat neared the ship, 1 observed one of them to be the Port- captain ;* the other, although previously acquainted with, I did not know at first sight, on account of his rich uniform. He proved to be the " military secretary." It would take me too much time to describe the costume, but Bowler took a very good sketch from description. They came alongside in very good spirits ; but when ilicv reached the top of the ladder, where I received them, I shall never forget their surprise and change of countenance. The first thing that met their view was the grenadiers sitting in the main hatchway as thick as bees. The Port-captain had sufficient power of speech left to say that he was a friend to the English : but at the same time I could see that he was much embarrassed by the position he had placed himself in. All this time, Captain Durnford and the other officers were enjoying the way in which I welcomed them on board. The military secretary never got many steps from the gang- way, but seized the thickest rope within his reach to hold on by; here he was suddenly sei/ed by ague, or some similar disease : it might have been brought on by the close proximity to the ugly * The Port-captain under the Boers was Mr. Edward Morewood, formerly of " Compensation," the pioneer of the sugar cultivation in the colony, now in Brazil. ft I AXXALS OF XATAL. 25 customers in the batch way. He called for a drink of water, and wajf speedily supplied by one of my boys. The Port-captain appeared to have some doubts whether he had made a satisfactory impression on our minds with regard to his feelings towards the English. He gave us a very truthf ul account of what had occurred subsequent to King's leaving with despatches for the old colony : that Lieutenant Prior and some men had been killed while making an attack on the enemy's entrenchment, and that the camp was in a deplorable state. Horse-flesh, with a little biscuit-dust and a few oats, occasionally shooting a stray crow hovering over the camp for the offal, were a they had for subsistence. The countenances of our visitors bi-ight- ened up when Captain Durnford told them he required their services to take a letter on shore to General Pretorins. Xo doubt, up to this time the " hemp neckcloth " and foreyard-arm fully employed their thoughts. The object of the letter was to ask pel-mission to land our doctor to assist Dr. Frazer in the camp, and also to let Captain bmith know that we intended to force the entrance as soon as the wind came fair, and that he must assist us as much as possible. When the letter was ready, they were informed that we should send in a flag of truce on the following day for an answer. We also told them that the 25th Regiment was expected in some other vessel, but of this we had no intimation. After they left, the men were allowed to come on deck. We also sent up a rocket in the direction of the camp to intimate that relief was at hand: but as rockets do not show well by daylight, there was some doubt in the camp as to its being one. Towards evening the firing at the camp increased considerably. -oon as night set in, we sent up another rocket, which was immediately answered from the camp. I was afterwards informed that this caused great rejoicing in the entrenchments. At about eight o'clock the firing decreased to exchanging shots at intervals, which were kept up through the night. Saturday morning da wned with the wind still at south-west and fine weather. During this day, the Boers appeared to be very actively employed within their entrench- ments, which commenced about our present marks,* and extended to the foot of the path leading up to the bluff. At noon, the boat in charge of Mr. Carrell, the mate, accompanied by a sergeant of the 27th Regiment, went in with a flag of truce. On reaching the shore, they were requested to remain in the boat, and not to go further up the harbour. They were asked bv the Boers if they had * The IpaJing' marks for ships entering 1 the bay. 26 AXNALS Ob NATAL. seen a vessel in the offing, as they (the Boers) could see one from the- bluff, which was answered in the negative. About 4.30 the boat returned with an answer to Captain Darnford's letter, and it was to the effect that -we could have no communication with Captain Smith's laager. When Captain Dumford read the reply to his letter, he- smiled, and remarked that they would have been great fools to them- selves if they had complied with the request. Mr. Carrell enquired if we had seen a vessel to the north-east. All eyes were immediately directed to the eastward, where the strange sail was supposed to be, but nothing could be seen. I went to the mast-head, and after a few minutes' scanning the horizon with my glass, I picked her up, the- upper part of her topsails only in sight. Notwithstanding the great distance, I could see by her sails that she was a vessel of war, and pronounced her as such. This caused the soldiers to give three- cheers. Captain Dnrnford and I decided on manning the boat and going out to her. By the time the boat was ready the sun had set,. but the evening was fine, with a clear blue sky. We left directions to send up rockets every half-hour, as a guide for us to return by. It was necessary to take her bearing before dark, and light our boat lanthorn. At 8 p.m. we reached the vessel, which proved to be th& " Southampton," 50 guns, Captain Ogle, from Simon's Bay, with a portion of the 25th Regiment ; Colonel Cloete in command. Here I met with two officers of my previous acquaintance Captain Xapier, 25th Regiment, and Captain Maclean, R.A. The former had accom- panied the Natal expedition as far as the Umtata,* but returned to- Port Elizabeth, where he embarked on board the " Conch " for Table Bay. Captain Dumford gave General Pretorius' letter to Colonel Cloete. It was written in Dutch, and was translated correctly by the colonel. We were invited to tea, which was i eadily accepted. At 9 p.m. we left the frigate ; it was then calm, but a light breeze sprung up shortly afterwards, and she was guided to the anchorage- by the rockets from the "Conch," which she answei-ed with her heavy guns. This convinced Captain Smith that there were two vessels. At 10.30 we reached our ship, and were informed that the firing at the camp had been very heavy during our absence, and that it had suddenly ceased. About 11 p.m. the tiring recommenced, and shots were exchanged at intervals throughout the night. About mid- night the " Southampton " anchored. * The site of Captain Smith's camp near the Umgazi Eiver, on his march over land to Natal. Captain Bell appears to mean that Captain Napier did not come o with Captain Smith, but returned to the old colony from the Umtata. AXXAI.S OF XATAL. 2/ Sunday morning, 26th Jnne, commenced with light airs from the- south-west. Received a message from Colonel Cloete, requesting me to go on board the " Southampton." On reaching the vessel, a short consultation was held; and landing on the back-beach, pre- viously proposed, was now abandoned, and the bar preferred. T v accompanied by the master of the frigate, took a buoy and anchored it as neai- the bar as it was considered safe for the " Southampton " to- lie. After this duty was performed, both vessels commenced to- warji up to the bar. I succeeded in getting the " Conch " so near r that I could give her only about thirty fathoms of chain. The " Southampton " did not reach up to the buoy which we had laid down ; but the gale she encountei-ed shortly afterwards showed that she was quite near enough. I was again sent for by the colonel. He appeared to attach some importance to my opinion on this- occasion, although he had brought a person from Cape Town to act as pilot, who had been to Xatal some ten years previous : for my part,. I did not see him, but was told such a person was on board. I do- not think his services were made use of in any way. I have no- doubt, however, but he would haA'e done his best. We now decided on landing the troops from the " Conch " in the frigate's boats, and! that I should pilot them in over the bar. Lieutenant Turner, R.A., considered our position good, and wished to try the range. I put a spring on the cable, and laid her broadside to the entrenchment, and the second shell apparently caused some confusion amongst the Boers. The " Southampton " followed our example by throwing a few shells on to the bluff. We then ceased firing and waited for the tide to rise. This sudden cessation, I was told by Major Smith,* afterwai-ds caused great anxiety in the camp. The}- feared that we had been beaten back. At noon the tide made, and with it some light air from the eastward. This change of wind altered all our plans, and it was at once decided that the " Conch " should go in, taking the boats in tow. Colonel Cloete asked me if I could take more men on board. I told him I could take fifty, but did not get more than half that number. These I intended to put into the hold, as taking more than one hundred men on deck would be an obstruction to Lieutenant Turner and his men in working the guns. When Major Selwyii inspected the " Conch," he saw that the bulwarks were very low, and that the men would be much exposed. He therefore gave orders to * Captain Bell here speaks of Captain Smith by the brevet-title conferred on him soon after his gallant defence of the camp at Port Natal. 28 ANNALS OK NATAL. place yellowwood planks on their edge along the vail, to form a temporally Topgallant bulwark, leaving the lower end of the plank loose. This piece of engineering we set about, but found ourselves short of plank, and for a substitute ran a line along and threw a few sailors' blankets over it. We found it was of good service. Although it did not resist the bullets, it prevented the Boers from singling out individuals. Still we were indebted to the lightness of the wind for the small loss we sustained. The cockpit was also put in order, and men told off to assist the surgeon in handing the wounded below ; but as soon as the tiling commenced, these men found their arms, which had been set aside previously, and the surgeon was left to manage the best way he could. All this time the " Southamp- ton's " boats were hanging astern of the " Conch,'' full of men. with a cavvonade in the bow of each, and the British ensign aft. Im- patient for the onset, I had to pacify them by pointing out the necessity for half -an- hoar's more rise of tide to admit us over the bar. At two p.m., gave the order to weigh anchor, but having some doubts of the fidelit}" of my crew, I told them that the first man that ran, or abandoned the station allotted to him, I should shoot with the pistol I held in my hand. I was so doubtful of them, that I had previously applied to Captain Ogle for a few of his men. They were promised, but through some misunderstanding I never got them. For this threat I was subsequently reprimanded by Sir George Napier, but in a very friendly manner. He said they had not engaged Avith me for such service. I suppose his son had informed him of the circumstance. On my previous voyage to Xatal, I had made myself acquainted with the way in which the Boers intended to defend the entrance in the event of an invasion ; and one of their propositions was to shoot the man at the helm, so that the vessel would run on shore. The "Conch" was now got under weigh. I was at the helm with one of my best men, also a boy. The latter disappeared at the first volley- When questioned about leaving the helm, he said he felt very thirsty, and went down into the hold to get a drink of water. Here the surgeon endeavoured to get him on deck, but he begged to be excused, as he was very frightened, and did not ship on board the " Conch " in order to be shot at. He was but a boy, and therefore was pardoned. The firing was now at its height, and bullets whistling in every direction. One struck the main-boom, just over my head. This caused me to make a low bow. AXXALS OF NATAL. 2 9 When off the marks, two of the boats were cast loose for the purpose of attacking the Boers on the bluff side. Those troops wore in command of Captain Wells, 25th Regiment, a fine officer. We were now completely enveloped in smoke ; so much so that I found it difficult to see the channel. Here one of the men who had just been shot was brought to the main hatchway for the purpose of being passed into the cockpit ; but the surgeon, seeing that the wound was mortal, did not see the necessity of passing him below. At the same time, I observed another man making his way to Captain Durnford, with the stock of his musket in one hand and the barrel in the other* with the iron ramrod very much bent. His musket had been struck by a bullet from the enemy. The doctor could see at once that this man was wounded, and requested him to stop till he had examined the wound. The reply of Pat McCaffrey (for that was his name) was : " Sure, never mind me. Attend to the man that's kilt. I fired tin rounds after I got this, and would have fired tin more if they had not disabled my firelock." The only thing that appeared to trouble McCaffrey's peace of mind was the uncourteous treatment his fire- lock had received from the Boers. Some men were ordered to take his clothes off, but he very coolly undressed himself, and after taking off his shirt, I could see that the bullet had entered the left breast and passed right through his body, coming out at the back. We were now rounding the Point, and fast approaching the anchorage, our shells ploughing up the sand-hills and causing a gi-eat stir. When off the Engineer's house at the Point, the launch and the remainder of the boats were cast loose and pushed on shore. These boats Avere under the command of Commander Hill, of the " Southampton," and the troops under Major D'Urban, 25th Regi- ment two gallant officers. It is useless for me to single out individuals ; for a more perfect lot of officers and men, in both branches of the service, could not be congregated together, and 1 felt proud of being associated with them upon this occasion. During all this, the " Southampton " was not idle ; the shot and shell dropping too close to us and the boats to be pleasant. The troops were now landed ; but by this time the Boers were trying their rate of speed through the bush. Orders had been given for the sailors not to leave the boats (orders on board ship are law) ; but it appears they were not made by the Medes and Persians, for on this occasion they were broken. No sooner had the boats touched the ground, than Jack was out and over the sandhills, cutlass in hand, towards the nag- staff, at the risk of being knocked over by the shot of their own ship. rjO ANNALS OF NATAL. Some of them turned their attention to horse-catching, all readily saddled-up, and only required the stirrup-cup to make them happy. One of them was handed to Colonel Cloete. The boats were so:m .alongside the " Conch," which had now anchored, and the troops speedily disembarked. We hauled our boat alongside to assist, but found her so riddled with shot that the water was up to the thwarts. However, by plugging the holes up with pieces of blanket we made her serviceable. The Inniskillings were no sooner landed than they rushed into the bush like so many bloodhounds, Captain Durnford at their head, and the 25th nothing behind. On my boat reaching the shore, I observed her crew leave her, but after some delay they returned, one of them laden with something bulky on his back. On reaching the vessel, he laid the bundle on deck, requesting me to help myself. "The bundle contained a number of overcoats which the Boers left behind in their confusion. On questioning him as to leaving the boat contrary to my request, he hoped I would excuse him, for he ;and some of the men of the " Southampton " had fallen in with a house, and seeing a table laid with a good dinner, they had sat down and enjoyed themselves, and, as the proprietors were not at home, they had brought away the contents of the house. The flagstaff of the Boers, being unsupported by any rigging, .gave way at the foot when one of the men of the " Southampton '' was upon it, taking down the rebel flag, and both came to the ground. A boat's ensign was substituted already for that of the Boers, but in the hurry it was made fast Union down. This caused the firing on board the " Southampton " to cease. I was subsequently informed by one of the lieutenants that they feared we had received some damage, as one of their shells had fallen close to the " Conch." The error made with the ensign was discovered and soon rectified. All the troops were landed, with the exception of a guard and the wounded. The " Conch " was now converted into a hospital ship, and the brig " Pilot " taken possession of by Ensign Manley and a party of men of the 27th. She was made the prison ship. The night set in very dark, and about 9 p.m. the sentinel called me on deck, stating tLat some one whom he believed to be in the water was calling for me. I could hear some one hailing the " Conch," stating that they had Captain Macdonald, of the " Pilot," in the boat, and wished to be allowed to pass to his vessel, which was granted. The following morning T visited the "Pilot," and found the two gallant men who had conveyed the captain to the ship. They were two AXXALS OF NATAL. 3! Englishmen, who had taken an active part in the Boer camp against their own countrymen ; but the unmilitary style in which their companions retreated from Congella that evening, caused them to think seriously of their own safety, and, seeing Captain Macdonald without a guard, offered to convey him on board his vessel. After being kept in great suspense for about half-a-day, they were released. Wilson undertook to convey a letter from Colonel Cloete to Pre- torius, who was then perched on the top of Cowie's Hill. On this occasion rumours got about that Colonel Cloete had lain down in the bottom of his boat to avoid the shot ; but I can state that those rumours were not truthful. The Colonel's boat was not towed in by the " Conch," like the others, but rowed in at some distance astern of us ; and in place of 1) ing down in the bottom of the boat, as stated, I saw him stand up, waving his cap. On our passage from Algoa Bay, Captain Durnford informed the officers under his command that, when they entered Port Natal, they must wear shell-jackets and their side-arms, by this arrangement their double-barrelled guns would be unemployed. The captain pro- posed to Mr. King which was readily agreed to that as he must be a good shot, he might have the use of his gun when entering the harbour. She was cleaned up and put in good order, and loaded, but not discharged. To relate the particulars of this would be con- trary to the wish of my deceased friend, Major Durnford ; we must, therefore, lower it down into the lower hold of oblivion. Mr. King did good service in other ways ; and had I been the distributer of rewards, he would have got more than he has got. This morning we landed the dead and wounded, and I was introduced to the brave Major Smith by Captain Durnford. He was very much reduced by the hardships he had endured : his rigging much chafed and out of order, but his interior remained sterling steel, and he only wanted permission to go against his antagonists. At low water I observed some Kafirs coming towards us from the island. I manned the boat and went to meet them, accompanied by Mr. King. We found on landing that they were old friends of his, and a conversation between them was immediately entered into. Not being a Somseu,* I could not take any part in. it; but at the conclusion Mr. King informed me that the Boers were holding out fearful threats against him and a neighbour of the name of Marais, I believe a coloured man. We now parted company with our sable * The native name for Mr. Shepstone, Secretary for Native Affairs, whose com- mand of the Kafir language is perfect. 22 AXNALS OF XATAL. friends, and returned to the ship. I had no sooner reached the ship than I saw two horsemen coming from the island at full gallop towards the " Conch." It proved to be Messrs. Cowie and Laas. Cowie had not allowed himself to be taken by the Boers, and had run many risks in assisting Captain Smith. We swam their horses over to the Point. Captain Ogle and the officers of the "Southampton," who had not been eno - a > ed in the boats the previous day, came ashore, and they in a very complimentary manner congratulated me on my success. I now prepared to go and see the camp, and invited Mr. King to accompany me ; but he declined my offer, preferring to remain on board. I therefore had to take the road by myself. On my arrival at the camp, I found it in a very deplorable state, although some time had been spent in clearing it up. I passed through the entrenchments, which were about four or five feet deep, and the one which ran across the camp fully that depth. This entrenchment appeared to be converted into a hospital, as I found at short dis- tances sidings cut out of the bank, sufficient to hold one man in each. Here I found men with their legs and arms off, and some suffering from dysentery . The only shelter they had from the hot sun by day, and the cold by night, was the hides of the horses they had just killed for food. The stench from these hides and the putrid offal lyino- about was most offensive, and not suited to men in their con- dition. Great credit was due to Dr. Frazer on this occasion. Although in want of almost everything that was requisite, every amputation he undertook succeeded. I observed the long strips of horseflesh the troops had to subsist upon hanging up to the broken wagons. They were by no means tempting the weather had made them quite black. I found Captain Lonsdale wounded, also Lieutenants Lennard and Molesworth. A pool- half-starved horse, and the only remaining one, was sitting on its hind-quarters like a dog, making efforts to get upon his feet, but unsuccessfully. A difference took place between Colonel Cloete and Major Smith, but as it was not on nautical matters I could give no opinion.* From what I could learn among the various officers, the colonel appeared to be in fault. I then went out of the entrenchments when I heard Colonel Cloete give orders to the Kafirs, through the interpreter, to go out and take all the cattle they could find, especially horses. * See Delegorguc, II.. p. 84. A difference of opinion as to marching inland. ' ANNALS OF NATAL. 33 and bring them to him. The colonel was censured by the news- papers for giving this order, as it happened that night that two or three Boers were killed by natives, and some of the Kafirs in charge of the cattle wounded. I believe this order was the cause of the Boers' deaths, as supposed at the time. A message now arrived from the Point, stating that there was a schooner off the port ; and as the " Maid of Mona," Captain Blake, was expected, with a detachment of the 25th Regiment, I went to see if I could be of any service, knowing that he was unacquainted with the port. But the vessel proved to be the " Mazeppa," which had evaded the vigilance of the Boers and got out to sea, and pro- ceeded to De la Goa Bay for assistance, but finding it could not be procured, returned to the port. On arrival at the outer anchorage, they were assured by the officers of the " Southampton " that the port was in our possession ; and seeing our vessel inside induced them to come in. In weighing anchor they parted with their last cable, and had to run it and beach her ; but as the wind was fresh from the eastward, she drove in the direction of the island and grounded on a sand-bank. I manned my boat and went after them, accompanied by Mr. King. On boarding the vessel, I found them in the greatest confusion. Several families had been hurriedly placed on board, and I believe with very few comforts. The Rev. James Archbell and family were on board. Mrs. Archbell was at all times cheerful under any circumstances ; and as soon as I informed Mrs. Cato and Mrs. Beningfield that their husbands were all right, and that I expected them in a day or two, their past troubles soon began to vanish. Mrs. Captain Lonsdale, who had left her husband wounded in the camp, was pleased to hear of his recovery. These families were much indebted to Mr. Joseph Cato and Mr. John Mackenzie for their attention. Mr. Cato undertook the navigation of the vessel, and took good care of them all. I sent to the " Conch " for a warp and anchor to enable them to secure the vessel. During my stay on board a dispute arose between Mr. King and the crew of the vessel. They accused each other of cowardice. This dispute lasted for about half-an-hour, when it calmed down ; and then King and I returned to the peaceable old " Conch." XIII YY * AXXALS OF NATAL. MR. SMELLEKAMP, THE DUTCH SUPERCARGO. [From the "Cape Town Mail," July 2, 1842.] OUR readers are probably aware that Mr. Sraellekamp, who lately arrived in this colony from the emigrant farmers at Port Natal, was arrested at Swellendam, under the Proclamation of 25th February, 1806, for travelling without a pass, being a foreigner, and trans- mitted, in terms of the Proclamation, to Cape Town, where he arrived towards the evening of .Saturday last. 2.~>th instant, too late for any examination or inquiry upon that day. On Monday morning, the Attorney- General, accompanied by Mr. Trnter, clerk to the Clerk of the Peace, had an interview with Mr Smellekamp, in the public room at the prison, when the following proceedings took place : The Attorney- General briefly stated to Mr. Smellekamp that in consequence of the very peculiar circumstances connected with his arrival in this colony, the authorities at Swellendam had felt them- selves called upon to put in force a provision of the law which justi- fied his arrest, as being a foreigner appearing in the colony without a pass : that nothing could be more opposed to the disposition of His Excellency the Governor than to give unnecessary annoyance to any subject of His Majesty the King of Holland ; but that it had become necessary to call upon Mr. Smellekamp to give such an account of the circumstances connected with his arrival in the colony, from a quarter where a number of misguided men were in arms against Her Majesty's authority, as should enable him, the Attorney- General, to determine upon the line of conduct which ought to be adopted. Mr. Smellekamp then made the following statement, chiefly in reply to questions put : " Johan Arnold Smellekamp, born at Amsterdam, merchant and general dealer. I came into this colony from Port Natal : Jacobus Boshof came with me as far as Graaff-Reinet. Christoffel Boshof, who had not been with me previously, came with me from Graaff- Reinet to Swellendam. I came from Amsterdam to Natal in the ' I'ra/.ilia," Captain Reus. The vessel came partly in ballast, and partly with cargo. I was supercargo. The voyage was occasioned from its having been seen in the Zuid Afrikaan newspaper in Hol- land, that a party of emigrants had left this colony and established themselves in Port Natal; and it was considered that, as they would ANNALS OK NATAL. 35 be likely to stand in need of goods, a good market might be estab- lished there. The shippers of the cargo were J. S. Klyn & Co. The only firearms or ammunition on board were those required for the ship's use : there were none for sale. The only things of such a nature which were given out of the ship at Port Xatal, were six swords, which were sold to an Englishmaii named Cato. The only papers which the ship cai*ried were the ordinary papers enabling her to touch at any port in South Africa which might be deemed expe- dient ; and she carried no papers of any kind from the Government of Holland. Xeither the captain nor I had any authority whatever from the Dutch Government to enter into political or other arrange- ments with the emigrant farmers at Port Xatal. It was simply a trading voyage, and we were directed to see whether a store could be advantageously opened at Xatal by Klyn & Co., the shippers of the goods. Captain Reus and myself, when the vessel was in the har- bour, went to Pietermaritzburg. and were both present at the meet- ing of the Volksraad which was held on our ai-rival. [The Attorney-General here apprised Mr. Smellekamp that he did not wish him to disclose the objects of the meeting of the Volks- raad ; but that if Mr. Smellekamp wished to mention them, he was at liberty to do so. Mr. Smellekamp expressed his willingness te state what had occurred, and proceeded as follows:] " The object which I had in view in attending the meeting of the Volksraad, was to make myself acquainted, as far as I could, with the. kind of articles which the farmers would require, in order to their being regularly supplied in future ; and also to see as much as I could of the nature and condition of the people and the country, in order to publish the result w r hen I should return to Holland. The farmers seemed to be under the impression that their position was not sufficiently understood in Holland, and they therefore wished me to publish an account of it ; which, knowing that no book could be published in Holland without the previous consent of the Government, I considered that I ran no risk by consenting to. The idea of publishing was started by myself, and by me suggested to the farmers, who for the reasons now stated were willing to furnish me with the necessary information. The meeting of the Volksraad was held with open doors, and everyone could be present. After the public business was over, there was a meeting in the same place with closed doors, at which I was asked whether I had not been sent by the Government of Holland. To which I replied, ' Not in the least ; my coming here is entirely to see what can be done in the 36 ANXAI.S OF NATAL. way of trade/ At the time of the open doors, thei-e might have been fifty or sixty bystanders present, upon whose withdrawal the Court consisted of the fifteen or sixteen members properly composing it. The Volksraad asked my opinion MS to whether or not I thought that the Dutch Government would interfere in their favour. Ta which F replied that I could offer no opinion on the subject, as I con- sidered that the Dutch Government knew very little about the affairs of Xatal. They spoke also of the expediency of writing a letter to the King of Holland ; upon which I mentioned to them that they might, of course, write letters to whomsoever they thought proper. I was tinder the impression at the time, from what was said, that the farmers were determined not to have anything to do- with the English Government; and I was further informed that, us far hack as '21st February last, a letter had been written to the Governor of this colony, telling him that they were so determined. There was a public supper given to the captain and myself after this meeting, which was attended by forty or fifty. In the way of toasts. the health of the King of Holland was drunk, and the hope that they might never come under the Government of England again. We were eight days at Pietermaritzburg, and then returned to Port Xatal. After this, I sold the cargo that I had brought by public sale. I heard that Cato and another man had been beaten by some of the sailors of the ; ' Brazilian," on account of a supposed insult to the Dutch flag ; but I was myself at the time at Pietermaritzburg, and knew nothing of it personally. I returned again to Pietermaritz- burg after tin- sale, and it was then that the transaction happened. On the 30th April last, I left Pietermaritzburg to return to the colony ; and four days after that, beyond the Drakensberg, I was joined by Mr. Jacobus Boshof, and we travelled afterwards together to this colony. Mr. Boshof held the office of Landdrost of Port Natal. My object in coming to this colony was simply as a traveller to see the country, purposing to take ship at Table Bay for England. the " Brazilian " having proceeded to Batavia. At Swellendani I was arrested for not having a colonial pass, according to law, which I had not obtained at the frontier, not being aware that such a pass was necessary ; and was conducted thence in a four-horse cart from fieldcornet to fieldcomet. Except as to the restraint of my liberty, I have no reason to complain of any of the treatment which I have received since my arrest. " (Signed) J. A. S.MELLKKAMT. "As witness: (Signed) P. J. TRUTER." ANNALS OF NATAL. 37 After Mr. Smellekamp had finished this statement, the Attorney- General observed that he had avoided all enquiries, except as might directly serve to ascertain whether or not Mi-. Smellekamp might properly or safely be set at large : that if it had appeared that Mr. Smellekamp had actually mixed himself up with the armed resistance made by the Queen's subjects at Natal to Her Majesty's authority, it might have been necessary to consider whether he should not have been sent to Holland, with such proof of his misconduct as would have drawn down upon him the severest displeasure of His Majesty the King of Holland : that as the matter now stood, however, he, the Attorney- General, was glad to be able, without impropriety, to authorise the liberation of Mr. Smellekamp ; that, without further adverting to the recent communication between Mr. Smellekamp and the farmers, which had necessarily given rise to considerable suspi- cion, it was sufficient to say that that communication did not appear to have been of such a nature as to require his further detention ; that Mr. Smellekamp must himself see the necessity of exercising all proper vigilance, by just imagining what would have been don e in Holland if, at the time of the disturbance with Belgium, some Englishman had entered Holland from that country, who was known in some way or other to have been lately in immediate connection with the disaffected, and Avas reported to be considered by them an accredited agent of the King of Holland : that he, the Attorney- General, had only now to express his satisfaction that Mr. Smelle- kamp's comfort did not appear to have been materially abridged by his temporary restraint, and that he had the pleasure of telling him that he was now at liberty. Mr. Smellekamp immediately afterwards left the prison. DESPATCH FROM COL. CLOETE TO SIR GEO. NAPIER. Port Natal, 3rd July, 1842. His Excellency Major- General Sir G. NAPIER, K.C.B., &c., &c., &c. SIR, The immediate effect of my taking Port Natal on the afternoon of 26th ultimo, as reported in my despatch of 28th to your Excellency, was that on the same night the master of the " Pilot " brig, who had been detained as a prisoner by the Boers, and four other persons, made their escape from Congella during the panic 38 AXXALS OF NATAL. caused by our advance movement on Captain Smith's camp, and joined me at this place. They reported to me that the Boers had abandoned Congella in the greatest haste, and had taken flight. On the morning of the 28th, however, we discovered with our spy-glasses that there were a number of horses about Congella, and immediately determined to march upon it, for which purpose I col- lected from each of the outposts one hundred men, and with this force and a howitzer I took the i-oad to Congella. A small party of the insurgents' scouts were seen a little in advance of the place. On perceiving our approach, they retired under the shelter of a bush, and we entered the village, consisting of about fifteen or twenty houses, without any opposition. Here we found some stores, merchandise, spirits in cask, and their curious establishment for moulding six- pounder leaden shot. I resisted the burning of the place ; and prevented all plundering. As, however, the troops were still without any of the provisions to be landed from the " Southampton," and with only two days' provision in hand, I directed such articles of consump- tion as were necessary for the use of the troops to be put into a wagon which we found there, and conveyed these supplies to the camp. Four pei-sons, inhabitants of Congella, gave themselves up to me : one, Quintus, a German naturalist ; another, Scholtz, practising as a doctor, and two others. I availed myself of these people to convey to these misguided Boers the merciful intentions of the Government, placing in their hands a copy of a public notice which I affixed to one of the houses in Congella, and having liberated these people, I returned to the outposts with the troops. I regretted my force did not permit me to leave a guard for the protection of the property, the more so as I felt that the number of Kafirs who had made their appearance as soon as we got into the place, would plunder it the moment of our leaving it. I undei'stood the Boers to have retired to one of their camps about twelve miles off, where they were said to be four hundred strong, with four or five guns. Without any of my provisions or ammunition yet landed from the " Southampton," or any means of organising transport, I did not feel justified in entering upon any forward movement, which would only tend to lead me away from the moi-e important object of strengthening my posts, forming and securing my magazines. Upon these objects I have since been engaged, and having required of the Kafirs to bring me in as many horses and cattle as they could get, I have no doubt that I shall soon be in a condition to take the offensive with some effect. AXXALS OF NATAL. 39 The Boers will in the meantime have had ample time to con- sider their position and the terms of my notice, upon the subject of which I received on the 30th ultimo a letter from Pretorius, their military commandant, asking me if I wished to confer with them ;. and, if so, to appoint a place between Congella and Captain Smith's camp to meet him. I answered that I could enter into no negotiation with him, without a previous declaration of submission to Her- Majesty's authority. To this I have received no reply. Several inhabitants, fifteen in number, have come in and taken the oath of allegiance. On the 28th, 29th, and 30th the weather had continued so- boisterous that, on an attempt being made on the last of those days- to send on shore some provisions, the men's packs, and our- ammunition, the boat struck on the bar, and one man of the 25th Regiment was drowned, the whole of the provisions were lost, and 18,000 rounds of ammunition destroyed. The greater portion of the men's packs were picked up on the following morning, when we found that the frigate had been obliged to put out to sea. I regret to be obliged to close this despatch with a report which reached me last night, that the Kafirs had begun to set upon the Boers, and that three had been killed by them. The enclosures explain the manner in which I have treated this subject, and upon the principles of which I purpose strictly to act ; for if England will not put down the Boers by her own legitimate means, it were better to abandon the project altogether, and submit even to the insult we have received, than to adopt the degrading process of enlisting the savage in our cause, or call upon the Zulu assagais to commit all the atrocities of indiscriminate bloodshed and spoliation. I have received such aid from Lieutenant Maclean, Royal Artillery, and his services will be of such advantage to me in our forward movement, that I have not sent him back by the " South- ampton." I hope to be able to send the sick and wounded by her. I have the honour, &c., (Signed) A. J. CLOETE, Lieut. -Colonel, Dep.-Qr.-Mr.-Greneral, Commanding. [Enclosure No. 1.] NOTICE. Congella, Port Natal, 28th June, 1842. 1. By the authority vested in me, a free pardon is hereby granted to all deserters from Her Majesty's army, who shall return 4 ANNALS OF NATAL. to their colours at the headquarters of the troops at Port Natal, within ten days of this date. 2. All inhabitants of Natal who shall be peaceably disposed shall, on making their submission to Her Majesty's authority, receive protection and remain unmolested. All those neglecting to do so will be treated as being in arms against Her Majesty's Government. (Signed) A. J. CLOETE, Lieut.-Colonel, Dep.-Qr.-Mr.-General, Commanding. [Enclosure No. 2.] A report having been brought in to me that the Kafirs have killed three Boers (Dirk van Booyen, Theunis Oosthuisen, and another), the insurgent Boers are warned of consequences such as these, which it will be impossible to arrest whilst they continue in arms against Her Majesty's authority, and thus bring all the evils and horrors of Kafir murder and devastation upon themselves, their families, and property, in spite of every endeavour on the part of Her Majesty's troops to prevent them. (Signed) A. J. CLOKTK, Lieut.-Colonel, Dep.-Qr-Mr.-General, Commanding. COLONEL CLOETE TO SIB GEOBGE NAPIEB. Port Natal, 4th July, 1842. His Excellency Major-General SIR G. NAPIER, K.C.B., &c., &c., &c. SIR, Since writing to your Excellency yesterday, I have received from Pretorius a communication complaining that the Kafirs were committing fierce outrages upon the Boers : that we were receiving the cattle plundered from the Boers : that the destruction of the Kafirs must follow such proceedings : and that, anxious as the Boers were to put a stop to all this war and coming bloodshed, it was impossible for them to accede to the conditions of my notice, which required, as a first step, a declaration of submission to Her Majesty's authority ; and he ends his letter thus : " I must also acquaint you that we have already made over this country to the King of the Netherlands, and have called upon that. AXXALS OF NATAL. 4! Power to protect us, so that we have every right to expect that our cause will be supported in Europe." My answer to this letter is enclosed (see below). I have also been informed that Pretorius and his hostile bands have retired from this neighbourhood to within fifteen miles of Maritzburg : this sudden move I ascribe to the rumour that has just readied me, that Panda and the Zulus were marching against the Boers. All this is a melancholy state of things, but unavoidable when dealing with such elements. I have the honour, &c., (Signed) A. J. CLOETE, Lieut. -Colonel, Dep.-Qr-Mr.-General, Commanding. P.S. The detachment bv the " Maid of Mona " has been landed. LlEUTEXAXT-COLOXEL CLOETE TO COMMAXDAXT PRETORIUS. Port Natal, 3rd July, 1842. SIR, I have received your letter of this day's date, and no one can lament more than myself the melancholy prospect before us of seeing the savage engaged in a murderous onset of extermination against you and your fellow-countrymen ; but it is an evil so unavoidably consequent on the events which you and your unfor- tunate misguided people have brought about by your acts of determined hostilities against Her Majesty's Government and troops, that it ought not to surprise you, and in spite of all my efforts to prevent, and my determination to arrest, as far as in me lies (as you will have seen by my public notices of yesterday, which I have sent to you), you must be perfectly well aware that, beyond such positive prohibition, and the having employed persons to explain my determi- nation to the Kafirs, I have no power over these people. I have certainly required the Kafirs to bring into my canton- ments all the horses and cattle they can get, so as to enable me ta act with vigour, and put down the state of Avar and bloodshed which you have established over these districts ; and to expect that I should deprive myself of the only means I possess of equipping myself, and that, too, in the face of your having cut off the whole of Captain Smith's cattle, to the amount of some seven hundred oxen, besides causing the destruction of his horses, and your having further seized all the stores of those inhabitants who are peaceably disposed 4 2 ANNALS OF NATAL. towards Her Majesty's Government, is to suppose me incapable of reasoning 1 and acting. You have caused the horrors of this state of things, and yott must bear the consequences to yourselves, your properties, your- wives and children. You say }-ou would still be disposed to avert the evils of this- coming bloodshed which you are aware will lead to exteraiination. If you are sincere in this, there cannot be anything degrading, in so* great a cause to humanity, in your giving in your submission to Her Majesty's authority, as an indispensable and preliminary step to a final adjustment, which you may be very certain the Government has every disposition to settle with justice and leniency towards the emigrant farmers ; and, in the favourable interpretation to your interests, you will find in myself a friend rather than one inimical to your unhappy countrymen. I regret much that you should have allowed yourself to be so grossly deceived with regard to the intentions of the King of Holland by a person totally unaccredited ; and that you should have been urged to act as you have, upon the vain supposition that any of the- European Powers would lend an ear to any question arising between England and her Colony of the Cape of Good Hope, of which you cannot be so ignorant as not to know that Port Natal has always- been a dependency. I shall be happy to lend my best efforts to arrest any general rising or partial acts of violence of the Zulus or Kafirs ; but I feel my incapacity to do much in this respect while your people continue- in arms against Her Majesty's authority, and lead these ti-ibes to- think that whatever injury they do you must be pleasing to the- Government. I have, &c., (Signed) A. J. CLOETE, Lieut. -Colonel, Dep.-Qr.-Mr.-General. DESPATCH FROM SIR GEORGE NAPIER To THE RIGHT HONOURABLE THE LORD STANLEY, SECRETARY OF STATE.. Government House, Cape of Good Hope, 8th July, 1842. MY LORD, With reference to my despatch No. 116, of the 16tlx ultimo, I have the honour to acquaint your Lordship that J. A. Smellekamp, the supercargo of the Dutch vessel " Brazilia," was- AXXALS OF NATAL. 4J arrested at Swellendam for being found travelling through the colony without a pass, and was forwarded for examination to Cape Town. The declaration of which I transmit a copy herewith, was made by him in presence of Her Majesty's Attorney-General, after which he was released from confinement, and has since departed for Eng- land in a vessel named the " Arabian." I have the honour, &c., (Signed) GEORGE NAPIER. [Enclosure.] Declaration of J. A. Smellekamp, supercargo of the Dutch vessel " Brasilia," which put into Port Natal, who had been arrested at Swellendam for not having a colonial pass, dated Cape Town Prison, 27th June. 1842. DESPATCH FROM SIR GEORGE NAPIER To THE RIGHT HONOURABLE THE LORD STANLEY, SECRETARY OF STATE. Government House, Cape of Good Hope, 18th July, 1842. MY LORD, With reference to my despatch No. 117, of the 17th June last, I have the honour to acquaint your Lordship that, with a view to promote the Naval co-operation which the Admiral had so kindly and promptly afforded me in reinforcing the troops at Port Natal, Her Majesty's ship " Isis," 50 guns, sailed from Simon's Bay on the 28th tiltimo to relieve the " Southampton," and keep up com- munication with Lieutenant- Colonel Cloete ; and on the 2nd of this month, the " Lily," 16-gun brig, proceeded to the same destination, in order that the " Isis " may return to Simon's Bay ; a vessel of the size of the " Lily " being better adapted to the service on that coast than one carrying a greater number of guns. I have refrained from furnishing your Lordship with any of the rumours which reached the colony overland relative to the reported success of either the one party or the other, contenting myself with taking such precautionary measures as seemed necessary, without appearing to be too disti-ustful of the loyalty of those whose friends and relatives have placed themselves in direst collision with Captain Smith's detachment ; but on the evening of the loth the " South- ampton " arrived, bringing me the welcome and gratifying intelli- gence that Captain Smith had, under circumstances of severe 44 ANNALS OF NATAL. privation, and in the face of a determined and watchful enemy, maintained his position until relieved by the troops under the com- mand of Lieutenant Colonel Cloete. In order to allay as much as possible the excitement which has prevailed within the colony for the last month, and to prevent unfounded or erroneous reports being circulated amongst the colonists, the tendency of which is most injurious to the Govern- ment at this juncture, I caused a Gazette Extraordinary to be published, containing the despatches of Lieutenant- Colonel Cloete and Captain Smith ; of that Gazette I have the honour to transmit a copy, together with the copies of Colonel Cloete's despatch of the 3rd instant, of which I did not deem it necessary to publish those paragraphs written in red ink, and of a private letter dated 30th ultimo which I have received from Captain Smith. To these I have little to add. The troops have conducted them- selves under trying circumstances as became British soldiers, and Lieutenant- Colonel Cloete and his officers have performed the duty assigned to them in such a manner as to merit my entire approval. Although Captain Smith and his detachment were unsuccessful in their first attack upon the insurgents, still I am of opinion that his subsequent operations prove how well qualified he is for the command entrusted to him. The partial reverse which he did sustain at first will, in the end, be productive of the greatest benefit, by proving to the insurgents, as well as to the natives, how vain it is to attempt resistance to British authority. I cannot too often repeat that no one acquainted with the previous character and feelings of the Dutch- African colonists, and whose opinions founded on that knowledge were entitled to due consideration, ever imagined that their madness and folly would have led them into open rebellion ; and I am still satisfied that if the first attack had proved successful, which but for untoward events would most probably have been the case, all further resistance to the troops would have been prevented. The duplicity and determined spirit of hostility towards Great Britain which mark the character and conduct of those who have acquired ;t lead in their Council, and the pertinacity with which they adhere to the idea that the Dutch Government will espouse their cause, will show your Lordship how impossible it is to reason with men whose ignorance would only excite compassion, were it not for the scenes of bloodshed consequent on their rebellion. The emigrants are now probably engaged in all the horrors of a savage and murder- ANNALS OF NATAL. 45 ous strife with the natives, as calamitous to contemplate as it is impossible to check. If capable of reasoning, they mnst have fore- seen that defeat would bring down upon them the warlike tribes by whom they are surrounded, and who have a long series of insults and injuries to avenge. I know that the British soldiers will avert this catastrophe if it be possible ; but so long as the rebels maintain their present hostile attitude, no assistance can, of course, be rendered them. I regret to report the death of Ensign Prior, of the 27th Regi- ment, in a sortie on the 18th ultimo, and also the plundering of the " Ma/eppa " by the farmers, into whose hands have fallen a consider- able amount of Captain Smith's private property. I shall not at present advert further to the question of Port Natal. As soon as the subjugation of the emigrants is effected, it will be for Her Majesty's Government to determine on the future line of procedure in regard to that country ; but I humbly submit that some decisive measures should be adopted, and that the time is past for debating the propriety of further extension of the British territory in South Africa. The first shot that was fired settled that point, and it only now remains to pi-event, by energetic measures and strong reinforcements of troops, the country to the northward and eastward of the colony becoming the scene of a barbarous and exterminating warfare. I have to request your Lordship to convey to the Lords of the Admiralty the expression of my warmest thanks for the ready co-operation afforded to me by Vice-Admiral Sir Edward King, and for the active and valuable assistance rendered by Captain Ogle, Commander Hill, and the officers and seamen of the " Southampton." To that is mainly to be ascribed the trifling loss sustained in the landing of the troops under such adverse circumstances, and in the face of a determined and heavy fire from the thick bush in which the Boers were concealed. I must also call your Lordship's attention to the spirited conduct of Mr. Bell, the master of the schooner " Conch," of which Colonel Cloete speaks in much praise ; that small vessel having towed the boats in which the troops were placed over the bar. In conclusion, I have only to reiterate my approbation of Lieu- tenant-Colonel Cloete's conduct in the execution of the difficult and important duty with which he was entrusted, as well as that of Major D'Urban, and all those acting under the Lieutenant-Colonel's command ; and I cannot refrain from calling your Lordship's most favourable consideration to the claims of Captain Smith, 27th B/egi- 46 ANNALS OF NATAL. merit, and his gallant band, so highly mentioned by Colonel Cloete ; feeling confident that the firm, judicious, and gallant conduct of Captain Smith, under trials of no ordinary character, will ensure the gracious approbation of Her Majesty to an old officer, whose services in the late war would alone have entitled him to reward. (Signed) GEORGE NAPIKK. P.S. I have further the satisfaction to report that the wounded men who arrived in the " Southampton " are, generally speaking, doing well, and that they will be removed this day to the military hospital in Cape Town. (Signed) G. X. DESPATCH FROM SIR GEORGE T. NAPIER To THE RIGHT HONOURABLE THE LORD STAXLEV, SECRETARY OF STATE. [Confidential.] Government House, Cape of Good Hope, 25th July, 1842. MY LORD, I have the honour to acknowledge the receipt of your Lordship's despatches, marked No. 65 and separate, of the 10th April last, directing me to take most prompt and effective measures for recalling the military detachment at Port Natal. Much as I am disposed to follow implicitly the instructions of Her Majesty's Government, there are occasions upon which it is necessary to act in contravention of them ; and if, in stating the reasons which, after mature deliberation, have determined me, for the present at least, not to put these instructions into effect, I enter into considerable detail, I trust the responsibility which has fallen upon me consequent on the events which have lately taken place at Port Natal, by which this question has now assumed an aspect totally different from that in which it was viewed by your Lordship in April last, will bring sufficient apology. Having already on many occasions brought the subject under the notice of your Lordship's predecessors, I need only refer generally to these communications, particularly as the despatch now before me shows that your Lordship is aware that I have never considered the colonization of Port Natal as, in itself, a desirable measure, but as desirable because affording the best or rather the only remedy -against an evil in which it is impossible to acquiesce, and which, if AXXALS Ob - XATAL. 47 not met, will prove of most ruinous consequences to this colony and to the native tribes inhabiting the interior of Southern Africa. Your Lordship observes that there is no assignable limit to the principle, if once admitted, of overtaking by colonization and settled forms of government the migratory habits of British subjects who, by advancing into the interior or along the shore of the African con- tinent, may withdraw themselves from the local allegiance they owe to their sovereign. The history of this colony, whether under the Batavian or the British rule, proves that notwithstanding every attempt which even under the more rigid laws of the Dutch Government was made from time to time to stem the further advance of the colonists, they still continued to press forward, and the Government was obliged to over- take these pioneers and bring them again under the authority of the law. The consequence of this policy has been seen in the massacre of the native tribes, the course of the emigrants having always been traced in blood, much of which might have been saved had the hand of Government directed and controlled an emigration which it was impossible to prevent. This conclusion has been forced upon my wiind, having come to the colony determined to uphold the policy of the then Secretary of State by refusing on every occasion to listen to any scheme which contemplated an increase of the territorial limits of the Cape of Good Hope. The massacre of the party under the unfortunate Retief, and the sanguinary conflict which ensued between " Diugaan " and the emi- grant farmers, proved to me that this line of policy would not long be applicable to the correction of the evil, and in my despatch No. , of the 18th May, 1838, I urged upon Lord Glenelg the impera- tive necessity of occupying Port Natal as the only means by which these contests could be checked, and the reduction of the natives to slavery could be prevented. To that opinion I hare invariably adhered, and events have proved that it is a correct one. Lords Glenelg and Normanby viewed the occupation of Natal by a military force as merely temporary, and the latter nobleman, during the short time he held the seals of the Colonial Department, nrged upon me in the strongest manner the necessity of abandoning the post at the earliest time possible. Seeing that no good would result from any longer temporary occupation, and being convinced that such was only useful as one step towards the eventual settle- ment of that country, and that notwithstanding the scenes of blood- 48 ANXAI.S OF XATAL. shed and oppression which still continued to mark the progress of the emigrants, Her Majesty's Government seemed determined not to consent to any farther extension of our possessions, I withdrew the detachment under Captain Jervis in the month of January, 1840. I beg to refer your Lordship to my despatch No. 40, of the 22nd Jane in that year, in which I have entered into this subject at considerable length. The continued accounts which reached Lord John Russell of the deplorable calamities attending the affairs of Port Natal, induced him to instruct me, on the 18th June, 1840, to reoccnpy Port Natal. The state of the frontier, however, at that time did not render it prudent to detach troops from the colony, and therefore I did not immediately act upon his Lordship's instructions ; but being afterwards informed, in the despatch No. 114, of the 5th September, 1840, that "on the general question his Lordship was favourable to the occupation of Port Natal as a British colony," and having seen, in the attack made npon " Ncapai," in the end of that year, symptoms of an attempt to drive the Kafirs inhabiting the territory belonging to " Faka " down upon the frontier Kafirs, and consequently force these friendly tribes into collision with the colony or with " Faku's " people, I again determined to reoccupy the Port ; and my late despatches are suffi- ciently minute in detailing the events consequent on that movement. I trust this narrative will show that, if this Government has held an indistinct and irresolute tone on the subject, that indistinctness and irresolution cannot be imputed to me. As your Lordship admits that it was difficult to do otherwise, perhaps it may be supposed that I have entered more fully than was necessary into details rather personal to myself than called for in an examination of the future line of policy to be adopted. To this important branch of the question, however, I have given my best intention; and I shall HOAV submit my views as briefly as possible. It is proposed by your Lordship to withdraw the detachment from Natal ; to tell the emigi-ants that Her Majesty is willing to extend an amnesty and pardon to such of them as shall return within a time, to be limited for the purpose, within the precincts of the colony ; that the Government will lend every assistance in its power to facilitate their return, and their settlement here; that so long as they persist in residing in the territories which they occupy, Her Majesty's Government will take every practicable and legal method of interdicting all commercial intercourse and all communication ASXALS OF NATAL. 49 between them and the colonists ; that if they should presume to molest, invade, or injure the Kafir tribes with which Her Majesty is in alliauee, Her Majesty's forces will support these tribes in resist- ing such aggressions ; and lastly, if the laws of the colony are not sufficient, I am directed to propose to the Legislative Council the enactment of a law having for its object to oppose the most effectual obstacles which can be raised to the supply to the emigrants of any articles of which they may stand in need, and especially of gunpow- der, firearms, and other munitions of war. In reasoning on this subject, I should be able to make myself understood if I could place your Lordship in possession of a. good map showing the various locations formed by the emigrants bevond the colonial boundary. In the absence of a better, however, I beo- to transmit one made by Captain Harris in the year 1837 and I shall endeavour to point out difficulties attending the course indicated by your Lordship. Firstly. Many of the farmers who live beyond the Orano-e River, and have located themselves on the banks of the Modder, Riet and Sand Rivers, under Oberholster and Potgieter, have never shown any disposition to molest the Government, but on the contrary have ever evinced a desire to be recognised by and received under the protection of the colonial Government. Their withdrawal from the colony arose in many instances from a desire of procuring more extensive pasturage for their cattle, or from a love of a wandering life ; were these people again brought back to the colony, they have no means of purchasing farms, their habits are not such as would enable them to turn to any other occupation than cattle farming as a means of obtaining a livelihood ; and even if they could do so, their pride and prejudices are so absurd, that they prefer the precarious and wretched existence which they at present lead to one of a more settled, but at the same time of a more menial, occupation. Mr. Bain, a gentleman lately returned from that country, Mr. Burke, a naturalist employed in making collections for the Earl of Derby, and everyone who has visited them of late years, describe them as living in a state of barbarism, dressed in the skins of animals, their woollen clothing being worn out, and no means left of procuring others, but still enjoying that ease and freedom from restraint which compensate for all their sufferings. These would doubtless be pleased to have the protection of Her Majesty extended to them; but not one of them would return to the colony if the option of so doing was presented to him. That they zz JO AXXAI.S OF NATAL. attack the tribes of wandering Bushmen, kill the old ones, and bring up the young ones as their slaves or servants, is well known; but this line of policy is adopted by them because they look upon these people as noxious animals, whose destruction is a praiseworthy act; and independent of such proceedings, which the nature of their life and the predatory habits of the natives render in some degree neces- sary for their own safety, they have never attempted to set the Government at defiance indeed, many of them highly disapprove of the proceedings of their fellow-countrymen at Port Natal, and have declared their determination not to join in or countenance their rebellion. In the immediate vicinity of these emigrants dwell large tribes of natives, among whom are our allies, the Griquas, under the chief Waterboer. Were a cordon drawn prohibiting all commercial intercourse beyond the boundary of the colony, not only would these emigrants, but also the Kafirs and the tribes to the northward, be shutout from the visits of traders : a kind of intercourse which tends much to the civilization of the native tribes. Secondly, Even- were it politic to prohibit this intercourse, does the nature of the country admit of the execution of any strict prohibitory laws ? I submit not. The laws of the. colony respecting the trade in gunpowder and munitions of war are very stringent, but in the absence of an immense military force, or of a large and effective rural police, it is found impossible to prevent illicit traffic where we have an unguarded boundary of many hundred miles in length, with about one hundred drifts or fords of the Orange River passable at all times, except when the river is swollen from heavy rain; add to these difficulties the impossibility of entirely prohibit- ino 1 the sale of gunpowder in a country where the inhabitants are frequently called upon to defend themselves against the predatory attacks of the Kafirs, and other wandering hordes which infest the Eastern Districts, and the fact that there are many in the colony who view the emigration of their fellow-colonists not only as a justifiable, but as a proper measure, and I think your Lordship will be convinced that no laws could be enforced along a border of such extent, and in a countrv so thinly peopled, except at an expense in maintaining a military force quite disproportionate in expense to any good which could be expected to result therefrom. Thirdly, The withdrawal of the detachment from Xatal would take out of the hands of Government the most effectual means of checking the trade of the emigrants living between the Drakensberg AXXAf.S OK XATAL. 5! Mountains and the sea. Vessels might be pi-evented from clearing out for that port from this colony ; but by maintaining a post there, and, if necessary, denying access to foreign vessels, whether Dutch or American, is the only way by which Ave can cut off supplies being furnished to the emigrants from without. But were it practicable whether by a military or naval force is immaterial to establish a strict blockade, would it be, under the circumstances, altogether expedient ': Many of the inhabitants of Natal are Englishmen, who have been established there for some years, and others among them have always shown themselves friendly to the English, having taken no active part in the late rebellion, or in the contests with the natives ; their only crime is that, pi-eferring- the liberty of a wandering life, or allured by the beauty of the country, they sold their farms and left the colony in the hopes of bettering their fortunes. They have many friends who would view with great dissatisfaction any severe measures which might be employed to coerce them, and a greater feeling of alienation against the English Government would be engendered in the minds of the descendants of the Dutch colonists than now exists, although I believe that such feelings are at present sufficiently strong. Fourthly. And. independently of the above considerations, it appears to me that the withdrawal of the troops is for the present impossible. In all probability there are many who ere this have taken such decisive steps in favour of the troops, that the with- drawal of that protection would be the signal of their destruction by the party who are the strongest, and who have evinced such deter- mined and bitter hostility to Captain Smith. Generally speaking, however, the abandonment of Xatal would be a most popular measure with the majority of the emigrants, who neither desire the protection nor are even willing to submit to the authority of the Queen : to such the re-establishment of their so-called Republic would be a matter of joy and triumph. They would be immediately joined by others from the colony : the same wars Avith the natives would be reneAved, and the same justification Avould be put forth as a cloak to cover the atrocities Avhich haA'e marked, and which will continue to mark, the proceedings of a body of men who are not responsible to any constituted authorities for their actions, and Avho are daily brought into contact with the native tribes by whom they are sur- rounded, and on Avhose land they are settled. That the emigrants will attempt to find reasons to justify their rebellion, and their attack upon Captain Smith, is evident from the 52 ANNALS OF NATAL. enclosed narrative of their proceedings, which was intercepted on its way to the colony for the purpose of publication in the newspapers. In the case of the attack upon 'Xcapai, the plea of aggression was put forth as their justification ; and in the present instance, by an artful combination of truth and falsehood, the officer in command of the troops is placed in the light of the aggressor, when in reality, by annoyances and determined hostility, he was compelled to adopt measures which he would willingly have avoided. Lastly, I beg to call your Lordship's particular attention to- the question as affecting the welfare of the native tribes and the- suppression of slavery. In all your predecessors' communications relative to the resump- tion of Natal, I understood Lord John Russell as expressing himself determined to support against aggression any of the Kafir tribes who might call on me for aid, and to whom it might be in my power to despatch assistance ; for in allusion to the attack upon 'Xcapai, with whom we have no treaties, his Lordship, in his despatch Xo. 165, of the 17th April, 1841, observes : " If, as you seem to anticipate, any of the Kafir tribes which are threatened by the emigrant farmers, should offer to place themselves under the Queen's protection, you are authorised to promise it to them, but not to annex their terri- tories to the colony." In your Lordship's present communication, I find that a distinc- tion is drawn between the mode of procedure to be adopted in the event of the emigrants attacking the tribes, with whom Her Majesty is in alliance, and others with whom we have formed no treaties, but with whom we have always lived on friendly terms. Whether such distinction is intentional or not, I am not suffi- ciently informed, and therefore submit it for your Lordship's con- sideration ; but if such a line is to be drawn, the whole of the tribes, belonging to Panda, Faku, and 'Xcapai, as also those resident between the Orange River and the Drakensberg, with the exception of the Griquas, might be attacked and exterminated by Her Majesty's, subjects, and no protection could be afforded to them by the Govern- ment whose subjects were committing these acts, in defiance of the Queen's express commands. The consequences of such proceedings, would entail great eventual evils on the colony, and a day would undoubtedly arrive when the Government would be compelled to interfere in a manner which may be avoided if these people are at jiv>ent cednced to some kind of order and obedience. A.ssniuing that your Lordship will never tolerate the existence AXXALS OF XATAL. 53 of slavery in the vicinity of one of the possessions of the British Crown, \vhere the slaveholders are subjects of the Queen, I may observe that it is in vain to disguise the truth that many of the natives are slaves in everything but the name. It is notorious that their services are compulsory, and that they are subject to the caprice and ill-treatment of their masters, perhaps even in a greater degree than in slave colonies, where the arm of the law affords the servant a certain degree of protection. If the authority of the British Government is withdrawn from Natal, slavery will be there established. These considerations have determined me to retain military occupation of the Port until I shall hear from your Lordship on the subject, being convinced that the withdrawal of the troops at present would be attended by the evil consequences which I have pointed out, and that in all probability we should have to retake it in a few years, even at a greater cost of life and money than has attended the present occupation. I have therefore only, in conclusion, to state the two modes by one of which this question ought in my opinion to be now treated : premising that neither will be effected without considerable outlay ; and that the first, although at present the most economical, is the least satisfactoiy and complete, and may therefore in the end prove the most expensive. 1st, 1 think it may be taken for granted that when the present works are completed, a force from two to three hundred men will be sufficient to maintain their position, even in the event of a hostile demonstration on the part of the emigrants. The officer in command might be instructed that, independent of his jurisdiction as a magistrate under the 6th and 7th Act of William IV., cap. 57, he is to exercise no civil control over the affairs of the emigrants living beyond the line which may be fixed as the extent of his military jurisdiction, beyond that of remonstrating with them in case of any attack being made on the natives ; and in the event of their refusing to abide by his decision, then to prohibit the landing or shipment of any goods at the port, and to use such other means as might be within his power to enforce his authority ; at other times the emigrants might be allowed to levy their accus- tomed fees, and the port might be open for the landing of all supplies except the munitions of war. Diplomatic agents or missionaries salaried by the Government, and in communication with the officer in command, or with the Governor of the colony, might be appointed 54 AX.NALS OF NATAL. to each of the more numerous native tribes, to whom the emigrant* should be directed to apply t'or redress in the first instance in cast; of any alleged ground of complaint against any of those tribes. Thus the emigrants would be held in check by our having possession of the only seaport on the coast, and the necessity of going through the form of an application to the Resident would tend to prevent frivolous complaints of aggressions being got up merely as a pretext for embodying a commando ; or, 2ndly. By i-etaining possession of and colonizing that por- tion of the country lying between the sea and the Drakensberg or Quathlamba Mountains, and extending from the Tugela to the Umzim- cooloo River, we would not dispossess any of the larger native tribes. The aboriginal inhabitants of that country, consisting exclusively of the remnants of those tribes which fell victims to Chaeka and Dingaan, have always shown themselves anxious to receive the pro- tection which an established Government would afford them. At no time better than the present could such a measure be carried into effect. The emigrants by their rebellion have forfeited much of the consideration, in regard to their lands, to which they were formerly entitled ; their proceedings have shown that it is dangerous to allow them to remain longer without control, and such of them as are unwilling to place themselves under whatever form of government might be conceded to them by the Queen, would of course retire into the interior of South Africa ; but there they would be less trouble- some to this colony, because, being deprived of a seaport (which although not adapted for vessels of a large size, is quite safe for small craft not drawing more than eight feet of water) their con- sequence would be diminished, and being further removed from the frontier Katirs, their opportunities of molesting them, and thereby endangering the peace of the colony, would be restricted. Diplo- matic agents or missionaries might also be appointed to reside with the tribes. And under such a system, with the power of coercion near at hand in case of aggression, the protection of the British name could be more efficiently extended to the natives than under a mere military occupation. This, however, would require not only a considerable outlay of money, but also a considerable body of troops. I have thus attempted to put your Lordship in possession of my views on a question beset with difficulties. I have assigned what I hope will be found sufficient reasons for not giving immediate effect to your instructions, and I now await your Lordship's answer to this. ANNALS OF NATAL. 55 despatch, by which I shall be guided in my future communications with the emigrants, and with those native tribes beyond the boundary with whom this Government has hitherto lived on friendly terms, although no treaties of alliance have been entered into between us. I have the honour, &c., (Signed) GEOKGE NAPIER. DESPATCH FROM SIR GEORGE NAPIER To THE RIGHT HONOI'RABLE THE LORD STANLEY, SECRETARY OK STATE. Government House, Cape of Good Hope, 27th July, 1842. MY LORD, I have the honour to transmit copies of the enclosed communication which I have received by the " Conch " from Lieu- tenant-Colonel Cloete, detailing his further proceedings at Port Natal up to 10th instant. It appears that the " Conch " left the harbour on that day, but was detained outside until the loth instant, in consequence of which there are private letters from some of the officers up to that date, from which I learn that the prisoners had been given up, that they had been treated with great kindness by the emigrant farmers, that the guns and other property were to be restored, and that Colonel Cloete, accompanied by Major D'Urban and two or three other officers, had proceeded to Pietermaritzburg, on the morning of the 14th, to adjust the terms of the surrender. As the " Isis " had not arrived on the 15th, I am in hopes that she will remain there until the return of Colonel Cloete, and embark part of the 25th, the remainder of which will in all probability be embarked in the " Maid of Mona " and " Mazeppa," so that very little, if any, delay will take place in their embarkation for" India. As soon as I am made acquainted with the nature of the terms granted to the insurgents by Colonel Cloete, I shall apprise your Lordship thereof, and in the meantime enclose a sketch of Port Natal, showing the positions taken up by the troops, which will be sufficiently fortified before Colonel Cloete weakens the detachment. I have the honour, &c., (Signed) GEORGE NAPIER. 56 AXXALS OF XATAL. MR. J. ALLISOX (MISSIONARY) TO THE REV. R. GIDDY. Thaba 'Nchu, 1st August, 1842. We cannot but feel indebted to you for your great kindness in sending us news from, the colony from time to time. I have done all I could in this way, too, and have sent a man ; but I fear he is no good, or he might have been in Colesberg previous to the date of your last letters to me. Everything here, through the mercy of God, is just as when you left us, which is really more than we had reason to expect. Shortly after I received yours from Bethany, I could see by the bearing of the Boers that they were not a little elated : they talked at a most extravagant rate. Take an instance : Old Rasmus was talking about clearing the country. Moroka's large town was the subject of conversation. A Boer said: "Ja! als ik een dag mijn paard vat, en mij roer op schouder leg, ik weet niet hoe het zal gaan met de stad." (" Yes ! if some day I take my horse, and shoulder my giin, 1 don't know what will happen to that town.") 1. Shortly after you left this, Mocke left Modder River with about fifty men ; how many they met with on the road I cannot say I should think altogether 300 men. Greyling blustered out many threats against Wm. Pretorius of what he would do when he returned. Old Bester was made commandant, and his son veld, cornet Louw Bester I think his name is. This was a critical time for Maroka, and I scarce knew what to do. After weighing all circumstances, I thought it best to advise him to be as quiet as possible, and not to show any difference in his conduct towards the Boers, but at the same time particularly cautioned him not to commit himself in any way to them. I was induced to take this course from the consideration that a more bold and manly plan might precipitate matters of an unpleasant kind between Moroka and the Boers ; also it seemed doubtful, should tin- Boers meet with continued success, whether the rebellion might not extend even to Cape Town. The above plan, as you know, quite suited a. and circumstances have favoured him in carrying it out. Fourteen or fifteen days after you left, Louw Bester visited , and stated that he had heard he, Moroka, and Mashesh had communicated with Government, and he came to ascertain if it was true. Moroka sent a messenger privately for me to answer the question. I entered the Pitso just as Bester was making a speech, AXN'ALS OF NATAL. 57 which my unexpected presence quite spoiled, as he seemed quite confounded ; he even did not wish to enquire about the subject of Moroka's correspondence with the Government, and very soon took his departure. His visit convinced me that the plans of the Boers were far more extensive and deeply-laid than most would imagine : I mean their movements with the tribes, should they succeed. Things remained in a very perplexing state until the 12th June, when a deserter from the Natal camp named Theunis Dievenaar passed below the station, and filled the country with his awful account of the defeat at Natal : he stated that one Boer was cut through the middle, another lost his arm, a third a leg, &c., and that the sound of the cannon of the man of- war was still in his ears. This had an electrifying effect on the whole country ; the natives held up their heads, while those of the Boers sank visibly to every beholder. It was most providential. It stopped the recruiting on the Modder River. It made many of the Boers become loyal as by magic. I now had a second visit from Bester. I laid before him as faithfully as I could what I judged would be the probable conse- quences to them : I predicted that the Zulus would fall upon them. It gave him huge offence ; but, alas ! how it has been realised. Mocke, Grey ling, besides many head of cattle ; and, after having shot our horses, obtain an excellent market for their own, for which they demand and receive an exorbitant price. Leaving the consideration of the treaty, I beg to explain the AXXALS UF NATAL. few steps I have thought tit to take, until I hear further from your Excellency. Many of the farmers have demanded pay for the cattle slaugh- tered, as they state, since the treaty ; but before they sought for or demanded them, I have refused such payments to be made, except in the case of one Meyer, whom Colonel Cloete directed to be paid for five cows, killed when in our possession. I have taken this step, though somewhat at variance with Colonel Cloete's memorandum, because I think it right, considering the number of our cattle un- accounted for, and because I have no means of accurately estimating the value of their claims. Many would not scruple to declare that they had lost cattle in order to secure payment ; for several, as I afterwards ascertained, claimed and received cattle from our kraal which did not belong to them. 2. I have endeavoured to effect, chiefly through the agency of Mr. Ogle, the restoration of all cattle in the possession of the Kafirs known to belong to the Boers ; but I have forbidden the latter to claim from the former any cattle as compensation for such as may have been slaughtered during the late disturbances. If once permitted to compel the Kafirs to make good what they affect to have lost, it will only lead to bloodshed and confusion, from Ihe impossibility of ascertaining by what tribe or person the cattle claimed have been destroyed. 3. In a letter, dated from Umgazi, I informed your Excellency that the Boers had sold much of the ground of the proposed site of a town at Natal as building "erven." On enquiring, I found that none of them had been paid for ; and, therefore, perceiving that some persons had commenced building, and others expressed their intention of doing so, I put up the notice in Dutch and English (a copy of which I enclose). Had permission once been given, or tacitly admitted, the whole of the valuable land round Natal would have been built upon, and Government thus prevented, if it thinks fit, from forming the nucleus of a revenue out of these " erven ; " for a valid claim to them I know cannot be established. The 6th article of Colonel Cloete's ratification of the treaty, I think, fully justifies me in this step, which I trust your Excellency will approve of. Mr. Archbell having proposed to erect a Wesleyan chapel, as well as a residence for himself, these are the only buildings to the erection of which I have acceded ; but, the first being for a religious. 72 AXXALS OF NATAL. purpose, and the next for a similar object, I thought it fit that they should be made exceptions. The Boers are about to elect another commandant-general, Pretorius having resigned. Rudolf is the person who is likely to succeed, a man who was one of our most inveterate opponents, and who headed the patrol against the Kafirs before mentioned. Your Excellency may remember my having before stated that he had purchased a number of " rights," as they are called, for a mere trifle. I believe him to be a violent and unscrupulous character. I have thus detailed all the matters to which I think it neces- sary to call your attention, and, in giving my opinion, have done so fearlessly and frankly, though at the risk of their bein; partially disapproved. Bat your p]xcellency, on a former occasion, generously expressed a wish that I should unreservedly communicate my senti- ments, although possibly at variance with your own, and I have, therefore, availed myself of the privilege, well knowing that your better judgment will correct anything erroneous or faulty in mine. I have, opposed to me. The proclamation does not appear, so far as I can judge, to have caused much excitement. The moment the " Pilot " arrived, one More wood started off for Pietermaritzburg to give information to the parties for whose apprehension the reward is offered at least I suppose so, for the four left Pietermaritzburg the following morning, I think it doubtful whether they will be apprehended. I now turn to other matters. Having stated in my long letter of the loth of August my intention of writing to Mr. Boshof, I now send a copy of my reply (No. 1), in \\liieh I refer to a request made to me subsequently by that person, that Mr. Servaas Breda might be permitted to visit Natal to look after his cattle. A copy to my answer to Rudolf I also forward (No. 2), and I hope both these documents will meet your Excellency's approval. The latter appears to have had due effect ," for although I have received no reply, neither commando nor patrol lias been sent, as I have reason to believe, against the Kafirs by the farmers. The fact of their not having furnished me with a list of ANNALS OF NATAL. 9! the cattle stolen, induces me to believe the rumour I had before heard, that the patrol contemplated was not to recover cattle, but to ntimidate the Kafirs. On the 7th instant I received a letter from Mr. Boshof (No. 3), in reply to my query respecting the non-remittance of the balance of the 510, which corroborates the information I had already received that the farmers do not intend, if possible, to restore it. A copy of my answer I enclose (No. 4), to which I have not as yet received a reply, but fear there will be a difficulty attending- the settlement of the matter in question. I trust, however, the fanners will see their own interest and comply ; and perhaps the position they are at present placed in may more readily induce them to do so, for on the 12th instant I received a communication from the new secretary (Mr. Bodenstein), stating their apprehension of an attack from the chief Moroka, and requesting my interference. I briefly acknow- ledged the receipt of this document, the original of which I enclose (No. o) ; but will write to inform the farmers that I have forwarded it to the colony, as steps can be taken more readily from thence, consi- dering the chief Moroka's position, to induce them to remain in peace. Mr. Boshof appears to me to be a person of infinite craft : the query at the conclusion of his letter (No. 3) seems intended to entrap me into an acknowledgment of their government, or at least to elicit the views held regarding their position. I shall be careful to act in accordance with your Excellency's instructions on this point, which leached me on the 3rd instant. The letters 1 and 2 were, therefore, written before I received it; but in neither, I trust, have I committed myself on that subject. When obliged to write to their official people, I simply address them by their names, avoiding all reference to the situations they hold. The Boers have been very quiet since the date of my last letter, but have not restored any further property, either public or private. I await, therefore, with much anxiety the light Colonel Cloete may throw upon Mr. Boshof's statement respecting certain modifications of the treaty entered into with the fanners ; as at present I am embarrassed how to act, and know not whether to demand its literal fulfilment, or to admit the subsequent changes (if such there were) as an authentic part of the original agreement. In the event of the latter being the plan adopted, it appears to me necessary I should be provided with an authority to that effect, to exonerate me for not having carried out the provisions of the treaty as published. g2 A \XALS OF NATAL. I have mentioned elsewhere the little regard to veracity shown "by the Boers, and will now state a circumstance corroborative of that opinion. When the party with Colonel Cloete were at Pieter- maritzburg, the Boers positively affirmed that only five of their people were killed during the insurrection. Shortly after Major D'Urban's departure, a paper was picked up at the Congella, in a hut used by Pretorius as his office, in the handwriting of the younger Breda, a copy of which I enclose (No. 6). There is no date, unfortu- nately, but it appeal's to refer to one particular occasion ; and as the names are given, and are not the same as those admitted to have fallen by the Boers, it only proves the utter falsehood of their asser- tion. Day after day are admissions made, by those who reside here, throwing light upon much that has hitherto been scrupulously hidden ; and I make no doubt I shall be able to obtain at last a tolerably accurate statement of the actual loss sustained by the farmers, when it will appear by no means so small as they think fit to represent it. I can assure your Excellency my situation here is no sinecure; for the numerous appeals made to me by the farmers, Kafirs, and others, on all possible subjects, keep me in incessant employment. I have the honour, &c., (Signed) J. C. SMITH, Captain, 27th Regt., Commandant. J. BOSHOF, LANDDROST, TO CAPTAIN J. C. SMITH. Pietermaritzburg, 2nd September, 1842. SIR, I have to acknowledge the receipt of your letter of the 19th ultimo, and, in reply to that part in which you express surprise at the balance of the 510 not being yet remitted, I beg to state that the balance which appears on the list rendered by Mr. Burger, and which has been placed in my hands, amounting to 153 11s., has liri-ii duly paid over by me to the parties concerned, and for which I hold their receipts ; there is, however, an item in the above-mentioned list of Rds. 3,333-3-4, entrusted to Mr. J. M. Potgieter for the purpose of purchasing gunpowder, a considerable part of which has lire ii, as I am told, returned by him, and which the Raad was about to refund, when Mr. Jos. Hansmeyer made an application to retain of that money the sum of 150, being the amount forfeited by him ANNALS OF NATAL. 93- as security for Mr. G. Cato, in consequence of his non-appearance on a late occasion ; to this request the Raad has acceded for the present ; and this circumstance has caused the delay in the restitu- tion of this part of the balance. I avail myself of this opportunity to request that you will be kind enough to inform me whether persons residing at Natal can be sued there before any civil court of justice for debts contracted by them ? or, if not, whether you will allow summonses to be served on them for their appearance here? I have the honour, &c., (Signed) J. BOSHOF, Landdrost. CAPTAIN J. C. SMITH TO MR. J. BOSHOF. Port Xatal, 8th September, 1842. SIR, I have to acknowledge the receipt of your communication of the 2nd instant, explaining why the balance due on the 510 has not hitherto been remitted ; and, in reply, I have to acquaint you that I cannot recognise any right the emigrant farmers possess of with- holding, by a subsequent arrangement, that which they had bound themselves by the terms of their treaty with Colonel Cloete to restore ; and I therefore request that the balance in question may be- remitted to this place as early as possible. With regard to persons being sued at Natal before a civil court, I am not prepared at this moment to reply ; but, under the present circumstances, cannot permit summonses to be served on parties resident here demanding their appearance at Pietermaritzburg. Such matters, therefore, had better remain in abeyance until the- decision of the Home Government be made known. I have the honour, &c. (Signed) J. C. SMITH, Captain, 27th Regt., Commandant. J. BODENSTEIN TO CAPTAIN J. C. SMITH. Pietermaritzburg, 10th September, 1842. SIR, We have deemed it expedient the more so as we have learned that there is at present a ship in the bay of Natal with which you could send this communication, if you thought proper, to His. 94 ANNALS OF NATAL. Excellency the Governor of the Cape to acquaint you that we received yesterday a report from the Landdrost Vermeulen, intimating that the emigrants who are at the Modder River, and in the vicinity of Caledon (being a good distance from our borders, towards the colonial territory), had made an application to him, Vermeulen, for assistance, in men, in order to make an inquiry with respect to a certain combination of the natives in that neighbourhood to make a general attack on the whites, with whom they have hitherto lived in peace and friendship, attributing this combination to the instigation of the missionaries in those quarters, as they have ascertained from certain letters which they have intercepted, and of which they have sent extracts, translated into Dutch, to Vermeulen, of which extracts we herewith send copies. The day appointed for their meeting is the 30th of the past month. We do not believe that Vermeulen would, without leave from hence, have given the required assistance, unless the combina- tion which appears to have been brought about amongst the bar- barians to destroy the whites had commenced to be active, whereby our own border inhabitants might be brought into danger, or whereby duty and philanthropy would have demanded from them to assist their brethren (although beyond our territory), in order to prevent the fearful consequences of unpardonable murder, without respect to sexes or years, and of plunder by barbarous people ; which we believe will be unavoidable unless the missionaries shall be able so to guide and curb the propensities and inclinations of the natives, that they will not proceed to these excesses. We cherish a hope as yet that the accounts of the re-establish- ment of peace here will have induced the missionaries to cause the threatened attack to be deferred. But we fear that the discovery thereof by the emigrants at Modder River and Caledon will embitter them in such a manner against the ministers of the word of peace, that they may possibly precipitately proceed to steps which they themselves will ultimately regret. It is, therefore, that we think a timely interference on the part of Government is necessary, by send- ing a competent person thither, in order to inquire into the matter, to prevent the chiefs who contemplate the threatened attacks from so doing, and to assure the emigrants thereof ; so that the good understanding between them and those chiefs be restored ; and if any difference should exist between them, that difference may possibly be removed. We believe that the suspicion against the missionaries there AXXALS OF \ATAL. 95 must now be very strong amongst the emigrants, that they have out- wardly shoAvn themselves very friendly towards them, by which means many of the emigrants have from time to time resorted thither to hear their preaching, and they themselves have come amongst the emigrants to perform divine service, whei'eas they were secretly their enemies and plotting their destruction. We will be much gratified if the contrary should appear on enquiry, and the character of those gentlemen be re-established. We have requested the Landdrost Yermeulen to proceed to Moroka to enquire into the circumstances, and to dissuade that chief from his intention, and to endeavour to re-establish the friendly intercourse between him and the emigrants, as also to bring about that no harm be done to the missionaries. We further beg leave to complain about the unfounded accounts which we perceive in the public newspapers, namely, that scarcely had the treaty with Colonel Cloete been closed, when the farmers commenced to attack the Zulus, and to destroy them, sparing neither women nor children. We presume that such evil reports to the colony are made from hence by persons with a view to promote their own interests, and must likewise be very annoying and injurious to the Government in carrying into effect those judicious measures adopted for the restoration of good order and establishing confidence among the emigrants. Such false reports deceive the Government and the world, and frequently cause injurious consequences ; and we hope that His Excellency will be inclined to discover those reporters, and cause them to be brought to account. We will not deny that individual cases may have taken place, under circumstances which we equally deplore with all philanthro- pists ; but let the truth be mentioned, and we doubt but it will appear that, as a government and as a community, and under all con- tacts wherein we have been with the surrounding rapacious bar- barians, we have always acted with the greatest forbearance, and been able to prevent those Kafirs who dwell about and amono- us from robbery and depredations during more than four years, and thus almost without the necessity of having recourse to harsh measures, because they respected us, and knew that those deeds would not be left unpunished. Finally, we have also to acquaint you that we have received information from Mr. P. Greyling, from above Umkomas, that the Kafirs have taken away his oxen and horses and drove them to Umlobo. Greyling applies for assistance, and the commandant, Rudolf, asks us what to do, as he cannot venture into g6 ANNALS OF NATAL. that part without a strong escort ; and if we grant an escort, we are in danger of again causing an irruption. However, the inhabitants think themselves entitled to protection ; and if that is refused them, we fear they will have to help themselves. We believe that if the Zulus are not effectually stopped in their depredations, it will soon become impossible for any farmer or cattle-breeder to remain in this country, unless strong military posts are established throughout the country. We will be glad to learn from you how we are to act in cases of this nature, without anew causing disagreeableness, and still giving protection to the inhabitants ? Copy of the letter of Greyling is annexed. I have the honour, III:\V WILLIAM. -I have to inform you that Cert Com- brink lias said li-re that in the Council a time has been fixed when AXXALS OF NATAL. 121 the titles to the land would be given ont, and all those that are not present will lose their places, and their right be given to another ; and yon must, therefore, enquire into the matter, and write to me instantly, that I may know it. Again I present my compliments to you. Your uncle, (Signed) C. J. VERMAAK. To Mr. WM. COWIE, at Port Natal. CAPTAIX SMITH TO SIR GEORGE NAPIER, K.C.B. Port Natal, 6th November, 1842. SIR, Referring to a letter I had the hononr to address to your Excellency, dated the 14th of last month, wherein allusion is made to the issuing of title deeds at Pietermaritzburg to those lands now in possession of the emigrant farmers, I beg to acquaint you with the following particulars which have since tmnspired, together with such steps as I have thought it necessary to take in consequence. On 17th October, complaint was made to me by Mr. Cornelius Faas, who resides on the Salt River, not far distant from Natal, that one Meyer had waited on him and some other residents of the same place, and required them to receive and pay for titles to their lands, which had been given to him by Mr. Boshof, the Landdrost of Pietermaritzburg, and, on their refusal, said he was instructed by the said Boshof to send in their names to him, when they would be summoned to that place, and compelled to receive them, otherwise their lands would be taken from them. This Meyer was also informed by Boshof, so he stated, that the emigrant farmers were riot British subjects, with the exception of a few who had taken the oath of allegiance ; and that even these, if they resided beyond the bounds prescribed by Colonel Cloete, were bound to obey the order of the " Raad." This, and much more of a similar purport, he detailed to the complainants with a view to the enforcement of his demand. Deeming it essential that these seditious proceedings should not pass unnoticed, I had the complainants sworn to the truth of their deposition, with the intention of arresting Meyer and detaining him in custody until I received your further instructions ; but fearing the proceeding might embarrass the Government, and knowing him to be a mere tool in the hands of others, I decided on adopting a different course. On the ensuing 24th, therefore, I sent for him, and in the 122 ANNALS OF XATAL. presence of Captain Dnrnford, who is also a magistrate, pointed out the serious nature of the offence of which he had been guilty, adding that I \vas willing to believe that he had erred from ignorance, but that if a recurrence of such conduct on his part took place, 1 would immediately arrest and detain him in custody, there to await the decision of the Colonial Government on the subject. I then caused a public notice to be affixed in several conspicuous places at Natal ; and a few days subsequent sent copies of this document, together with a letter on the matter it referred to, addressed to the emigrant farmers at Pietermaritzburg ; entrusting these communications to a Mr. W. Pretorius, who came to Natal on business, and is himself a member of the " Raad." I have di-awn up the papers as guardedly as possible, with a view to avoiding any recognition of their institutions, and enclosed three several copies of both, in a blank envelope, to different individuals. That some measure of this nature was absolutely necessary will, I doubt not, be conceded by your Excellency ; but whether the docu- ments are such as to suit the purpose, remains for your better judg- ment to determine. The latter paragraph in the letter to the fanners I considered essential ; for it is really extraordinary how many of the Boers pro- fess to believe that the British have no supremacy beyond the bounds prescribed by the treaty, a mischievous doctrine instilled into their minds by Boshof and some of the more crafty of the emigrants, and which is calculated to keep them still longer in their present un- settled condition. I had prepared, and was about to forward, a demand on the farmers for the restoration of the remaining Government and other property, when I was informed by Mr. W. Pretorins that he had been requested by Bodenstein to convey to me 214, being the balance still due of Mr. Cato's money ; but that, being in silvez-, he was afraid to take charge of it. I therefore preferred withholding the demand for a short time longer, in order to give them the merit of a volnntaiy restoration of the money, should such be their intention. I have, &c.. (Signed) J. C. SMITH, Captain, 27th Begt. [Enclosure.] P u n L i c NOTICE. A complaint having been made to me by certain of Her Majesty's subjects residing within the territory of Natal, in which it is set forth that one Jan Meyer, acting, as he affirmed, under the authority ANNALS OK NATAL. 123 of J. Boshof, calling himself .Landdrost of Pietermaritzburg, had tendered for their acceptance documents purporting to be titles to their farms, for the which he demanded payment, and. on their refusal, threatened them with being summoned to Pietermaritzburg, and there compelled to receive them, on penalty of forfeiture of their lands : I do hereby, acting under the immediate authority of Sir George T. Napier, K.C.B., Governor and Commander-in-Chief of the Cape Colony and its Dependencies, utterly prohibit the issuing of such documents, and declare the act therefore to be illegal ; the power to guarantee a right to the land now held by the emigrant farmers and others of Her Majesty's subjects residing in the Natal territory rest- ing solely with Her Majesty's Government, or those to whom such power shall be delegated : And I further warn all persons, whether British subjects or otherwise, who may be concerned in preparing, signing, or in man- ner whatsoever circulating the aforesaid illegal documents, that by so doing they subject themselves to the heavy penalties attached to seditious and treasonable practices. Given under my hand, at Natal, this 24th day of October, 1842. (Signed) J. C. SMITH, Captain, 27th Regt., Commandant of Natal and Magistrate. [Enclosure.] To THK EilKiHANT FARMERS AND OTHKBS OCCUPYING NATAL TERRITORY. Having learned, Avith mingled feeling of surprise and regret, that seditious and illegal documents, purporting to be titles to the lands now in possession of the emigrant farmers, and made out in the name of the' Dutch Republic of Natal, have been recently put into circulation from Pietermaritzburg, I deem it my duty to apprise the farmers of the evil consequences which must necessarily result from a proceeding so extraordinary, and which is directly at variance with the terms of the treaty to which they have subscribed, wherein it is expressly stated that the tenure of these lands shall not be interfered with, but must be left for the final determination and settlement of Her Majesty's Government. Fully impressed with a desire that nothing further should be done by the farmers which should put in peril their claim to the merciful consideration of the Crown, and convinced that the injudi- cioiis and illegal act to which I refer has been the work of certain 124 AXXALS OF NATAL. ill-disposed individuals, and is not .participated by the people at large, I must distinctly apprise them that the authority to grant titles to the lands which they at present hold can only emanate from Her Majesty, and be carried into effect by those persons to whom she shall think fit to depute her authority for that purpose. And I think it right to add, in order that no misconception may remain on the minds of the farmers regarding a matter of so much importance to their interest, that His Excellency Sir George T. Napier, K.C.B., the Governor and Commander-in-Chief of the Cape Colony, while instructing me not to disturb the emigrants in the peaceful occupation of any lands now held by them, desired me to inform them that he could neither guarantee to them the issuing of title deeds nor send a commission to make any arrangements pre- liminary to that end, as these questions must remain for the ultimate decision of Her Majesty's Government. 1 think it right also to point out to the farmers an erroneous idea which some seditious and evil-minded persons have sought to impress on the less instructed of their brethren, viz., that the English Government held no jurisdiction beyond the bounds pie- scribed by the treaty for the occupation of the troops. To the well- informed it is unnecessary to point out the absurdity of the assertion thus put forth ; but as it may have a mischievous tendency on weaker minds, it may be as well distinctly to state that, as the territory of Natal belongs to the Crown, Her Majesty's jurisdiction cannot possibly be limited to any paz-ticular portion, but extends to every part of the country to which she of right lays claim. (Signed) J. C. SMITH, Captain, 27th Regt., Commandant of Natal. Port Natal, 24th October, 1842. [Enclosure.] CAPTAIN SMITH, COMMANDANT, TO SIR G. T. NAIMKH, K.C.B., &c. Port Natal, 7th November, 1842. SIR, On the 27th October, a Mr. W. Pretorins arrived from Pietermaritzburg, and complained to me that thivr Bushman girls and two boys, the parents of whom had confided them to his care, had absconded from his service and taken refuge at Port Natal. On the following day I caused them to be apprehended ; and in the three girls recognised females who had been previously cautioned by me to leave this place on account of their loose and irregular conduct, as AXXALS OF XATAL. 125 well as being the cause of my having to bring a man of the Cape Mounted Rifles before a court-martial for theft. On questioning them, I found they could assign no sufficient reason for leaving Mr. Pretorius, and therefore gave him permission to take them back with him to Pietermaritzburg. It is true Mr. Arch bell had written to me to state that these were Hottentots who had been forcibly abducted from the Cape Colony, and that he was willing to retain two girls and a boy, whom he had previously taken into his service ; but as he could give me no proof that his first assertion was correct, and as numbers of ill-conducted and idle Hottentots were leaving the farmers and flocking down to Xatal, I thought it best to adhere to my first decision. At the present moment, it appears to me that it would be most injudicious to encourage the influx of these people (the idlest and most worthless of the semi-savage tribes), particu- larly when it is considered that no civil establishment exists at present to punish or repress their delinquencies. The English residents, in order to get servants cheap, are too willing to take them into their sen ice without inquiry, and then to plead the cause of philanthropy in excuse ; but it is sometimes not difficult to sift motives from actions, particularly where self-interest is concerned. I may possibly be wrong ; but it appears to me that too minute- a scrutiny at present into the relations between master and servant among the Boers is by no means judicious or desirable. When a direct proof of compulsory servitude comes before me. as in the case of Niekerk's boy, I do not scruple to declare it inadmissible; but doubtful questions, like the present, I think it advisable to leave for the future decision of civil authority. Mr. Boshof has, I understand, resigned his situation of land- drost without assigning any specific reason, and has been succeeded by Bernard Rudolf, the brother of Gert Rudolf, the present com- mandant. The latter person has written to me again on the subject of their loss of cattle ; and I shall give, in reply, as a reason for not using further exertions on the subject, their not having yet restored what they have taken from the Government. On September 14th, I forwarded to you certain documents sent to me by Mr. Bodenstein, complaining of the conduct of the missionaries in instigating Moroka and his people against them. Having reason to doubt the accuracy of the transcript there given, I have obtained accurate copies of the letters from whence they were AX\.U,S OF XAT.U,. taken, by the exertions of Mr. Mesham, an Englishman residing at Pietermarit/burg. who lion-owed them from Boshof for the purpose. The passages given by Mr. Bodenstein certainly do not corre- spond with those of which they profess to be a translation. But the documents are chiefly interesting from their indicating the favourable spirit of the native tribes towards the British, and the little support, therefore, the Boers could reckon upon in that quarter in the event of their again becoming rebellious. I have the honour, &c., (Signed) J. C. SMITH, Captain, 27th Regt,, Commandant. DESPATCH FROM LORD STANLEY TO SIR G. NAPIER. Downing-street, 14th November, 1842. Governor Major- General Sir G. NAPIER, K.C.B. SIR, Your despatches No. 156, of the 23rd August, and " Separate," of the 30th of that month, have just reached me; the first submitting to my notice various details in regard to Lieutenant- Colonel Cloete's settlement of the affairs of Port Natal, and the other despatch representing the necessity which you considered would exist. in the event of Her Majesty's Government determining to retain military possession of that country, for your being furnished with an augmentation of military force. For the present, I merely avail myself of the immediate departure of a vessel for the Cape of Good Hope to acquaint you, in reply, that I approve of your maintaining your present neutral position, pending the receipt of final instructions from Her Majesty's Government. I have the honour, &c., (Signed) STAM.KV. CAPTAIN J. C. SMITH TO SIR G. T. NAPIER. Port Natal, loth November, 1842. SIR, I received your communication of the 20th of last month, wlu-1-ein reference is made to a passage contained in a late Cape Town pamphlet, of which I am desired to afford you an explanation. The circumstances on which the writer has founded his erroneous statement were as follows : On the morning of the 23rd of .May. when standing at some distance in front of the camp, in conversation with the Rev. Mr. A.NXALS Ob' XATAL. I2 7 Archbell, one Stephanus Maritz and another fanner, whose name I have forgotten, came to me and stated that they had been sent by the Itaad to warn me for the last time to quit Natal. MY replv was that, having come there by the orders of my Sovereign, I should remain in obedience to those orders ; on which they said that if such was my determination, I would be answerable for all the blood that would be shed in consequence. After some insolent menaces on their part, I warned them of the danger the farmers would incur by the rebellious conduct they were pursuing, and we separated. I had scarcely reached the camp after this interview, when several armed horsemen rode from beneath the trees, in a direction about three-quarters of a mile somewhat to the right of our front, and, after chasing away the herds, proceeded to drive upwards of six span of our oxen towards the Congella. Ordering Capt. Lonsdale to take with him ]00 men and a six-pounder for the purpose of recover- ing them, I directed a couple of shots from the 18-pounder to be fired in that direction, thinking it possible this might intimidate the marauders. When the troops reached the spot, however, the cattle were already out of sight, although several armed Boers were seen posted under cover of the bush, who retired when two or three musket shots had been fired. The only time the field-piece was discharged was in front of a wagon crossing the Berea Hill, and far beyond its range. This wagon I directed to be detained as a guarantee for our cattle ; but on a mounted rifleman pressing forward to stop it, he found it guarded by armed Boers, who threatened to shoot him if he did not return. Xot deeming it advisable at that moment to push the party onward through the thick jungle in their front, I withdrew it to the camp, and gave immediate orders for the remaining cattle to be collected. On the wagon-drivers and leaders, assisted by the Cape Mounted Rifles, going out for that purpose, they were fired on by the Boers without, however, sustaining any loss. To submit to these reiterated insults was out of the question ; and it was, therefore, 011 the night following this day that the unsuccessful attempt to dislodge the rebels from their camp at the Congella was made. By turning to my despatch of the 24th May, you will perceive that I mention the theft of onr cattle ; but. having more important matters to communicate, I did not think it essential to detail the circumstances by which that act was accompanied. In no case did our cattle become intermingled with those 128 ANNALS OF NATAL. belonging to tlie Boers, which were chiefly fed near Mr. Dunn's, and far from the plain where the camp stands, and on which ours were pastured ; nor was it likely that any people were following their ordinary occupations at the spot to which the writer alludes, there beinff neither habitation nor cultivation belonging to white man or Kafir in that direction. One solitary house, of which Mr. Dele- gorgue, a French naturalist, is the owner, stands indeed in the wood, but far to the left of the place the troops were sent to that morning. I have yet to learn who were the " peaceful foreigners " to which the veracious pamphleteer alludes, or those " emigrants who main- tained their loyalty from first to last." I certainly found none such at Natal. Mr. Archbell has obligingly furnished me with the accompanying note, relative to my intercourse with the Boers, in which he acted as interpreter. I have the honour, &c., (Signed) J. C. SMITH, Captain, 27th Regt., Commandant. [Enclosure.] THE REV. J. AKCHMELL TO CAPTAIN SMITH. D'Urban. Xatalia, llth November, 1842. SIR, Seeing in a late pamphlet on Natal, by R. H. Atkinson, Esq., a paragraph charging you with wantonly tiring upon persons " who were quietly engaged in their ordinary occupations," I cannot acquit myself of a dereliction of duty were I to withhold my un- qualified testimony to the " mendacious " statement of this impudent " mendacity." It will be in your recollection that, on the morning of the hostile collision, I happened by the merest accident to be the interpreter to the last, though not least insolent, of their deputations ; and the audacious and treasonable character of their communication having made almost an indentation on my mind, I am under no embarrass- ment in stating that it was a peremptory order to evacuate forthwith the country of Natal. This absurd order was accompanied with corresponding menaces, and some admonitions as to the consequences of obstinacy ; and, finally, you were insolently told to prepare for the responsibility of rejecting this last of all the merciful offers that had been made yon to save yourself, and prevent the most appalling evils. At the very time we were in converse with the deputation, the iirmed rebels were entering and lining the bush within gunshot of ANNALS OF NATAL. 129 us. and were preparing for the execution of a recent decision to com- mence hostilities, by the capture of your cattle, immediately on the return of the deputation with an unsatisfactory reply, which was fully expected. Accordingly, in less than half an hour they took forcible possession of the cattle belonging to the camp, when the firing commenced. Such had been the intense anxiety for the still-pending issue of the general movement, that all labour of every kind had been sus- pended for near fourteen days ; and for obvious reasons there had not been any firing of any kind. On first glancing over the publica- tion, I was under the impression that its vindictive character would be its o\vn and best refutation ; but on subsequent consideration of its being a direct communication to Lord Stanley, under a real signa- ture, impresses it with just so much importance as precludes entire contempt. Hence I am induced to throw off my repugnance to appear in such matters, and place in your hands the statement, which yon are at liberty to use as you may deem expedient. I have, &c., (Signed) J. AKCHBELL. CAPTAIN SMITH TO SIR GEORGE NAPIER, K.C.B. Port Natal, 20th November, 1842. SIR, I have the honour to acquaint your Excellency that I have felt compelled to arrest and send to Cape Town a Mr. Isaac van Niekerk, of Pietermaritzburg, on a charge of felony, for inciting a soldier to desert. I would gladly have avoided this strong measui-e, could I have entertained any reasonable hope of the evil being repressed ; but this tampering, following so quickly upon the deser- tion of a soldier, whom the Boers had assisted through Pietermaritz- bui-g (although advised by the better disposed to detain him), left me no alternative. In fact, I have every reason to believe that there is a plan on foot to encourage desertion, and that this Mr. Niekerk is an active agent in it, as he has been given by the soldiers the significant name of the " recruiting sergeant." He is a person of the most indifferent character is frequently journeying to Natal with- out any apparent cause, and when here is usually seen in company with the soldiers although a person whose connections are respect- able. Here I have not the means of confinement; and bail even were the offence bailable it would be absurd to take from those 2 K 130 ANNALS OF XA'J'AL. whom I could not come upon in the event of its being required. His removal at this moment, even if nothing else were to follow, will do much good. The documents of which I sent you copies by last post have, I find, been of much use in opening the minds of the Boers to their true position as regards the Government. Not long after they had reached Pietermaritzburg, I was waited on by a Mr. Zietsman, who It is likely will be appointed landdrost, and subsequently by Bernard Rudolph, now holding that situation. The object of both parties was the same, viz., to know whether their acceptance or retention of the office would be authorised. My answer was as follows: That all matters touching the country and its civil establishments being now under the consideration of the Home Government, I could give no official sanction to such appointments ; but that, being aware it was necessary they should have the means of maintaining order, I would not interfere with these arrangements, as long as nothing was done to militate against the authority of Government.! With tin's reply they appeared quite satisfied. By information I have received, it is stated that a German named Ripsalt, residing at Weeneii, oil this side of the Draakberg, but seventy miles inland from. Pietermaritzburg, had drawn up a declaration protesting against the treaty entered into with Colonel Cloete by the Boers ; and this document one Daniel Bezuidenhout, located on the other side of the Draakberg, was taking from place to place to obtain signatures. Another report, not so well authenticated, states that a Boer named Mocke, from the Modder River, had gone to the Orange River with a large party, and fixed Lieut. -Colonel Cloete the probable value of the territory as a British colons . Yen state, indeed, that it eontains a considerable portion of fertile land, well wooded and watered, but that its capabilities for agricultural or grazing purposes are still matter of doubt ; and you add, "that some of the most beautiful portions of Southern Africa are ill-adapted for either, because rust is apt to attack the wheat, and sickness to destroy the cattle fed in those districts " But, whatever may be the fertility of the soil, I fear that the defects of the onlv harbour which the district possesses, and the dangers to navigate on that roast, are insuperable obstacles to any great degree of prosperity. Of the harbour, I see that Captain Ogle, of Her Majesty's ship " Southampton," speaks in the following terms : " The difficulty of crossing the bar in decked vessels is not, 1 con- ceive, so great as is generally thought ; yet it cannot be done with- out a fair wind, nor during neap-tides, except at high water, when vessels drawing six feet may cross it. The real danger is the deten- tion at the anchorage outside, if unable to get to sea before the strong easterly wind sets in, it being always attended with a very heavy >ea." And iii your despatch of 6th December, 1841, you say "that the harbour can only be entered by the smallest coasting vessels; and the anchorage outside is so dangerous at particular seasons as to be unfit for larger vessels to ride there in safety for the purpose of dis- charging their cargoes." In the face of these disadvantages. I should hardly think the possession of the mere territory, however fertile the soil, a sufficient inducement, to its occupation; nor would Her .Majesty's Government be justified in incurring any very heavy expenditure for the main- tenance of a colony so situated. The establishment of a Colonial (lovernment at Port Xatal. distinct from the Government of the Colony of the Cape of Good Hope, is a measure which could not be carried into complete effect without the promulgation of various instruments which it would be impossible to complete within a very brief period, even if I were sufficiently in possession of the necessary information to enable me to decide on the structure of them. Reserving this subject for further consideration, then- are certain points in the decision of which it is manifestly of importance that no delay should take place; and I have, therefore, to in>truct you. immediately on the receipt of this despatch, and, of course, under the supposition that no further manifestation of resistance to Her Majoty's authority shall have A.NNAl.S OF NATAL. H5 taken place, to despatch to Port Natal an officer in whose judgment and discretion you can place entire reliance, who shall be authorised in the first place, as Her Majesty's Commissioner, to communicate formally to the settlers that Her Majesty has been graciously pleased to approve and confirm the act of general amnesty to all persons (with the exception specified by }'ou) concerned in the late revolt and attack upon Her Majesty's troops. That the inhabitants of Natal shall henceforth, so long as thev shall conduct themselves orderly and peaceably, be taken under the protection of Her Majesty's Government. The farmers and all others within the district of Xatal shall be protected in the enjoyment of all such lands as they, or those from whom they derive their claim, shall have bond fide occupied for the period of twelve months previous to the arrival of the Commissioner, receiving a grant of such land from the Crown, and subject to such fine or quitrents as Her Majesty may see tit to impose. The Commissioner will make it his first duty to inquire into and report to you upon the number of farmers and others holding lands, and of the extent claimed by each respectively ; and no grants or sales of lands shall be made to any persons pending the significa- tion of Her Majesty's further pleasure upon the subject. All sums arising from land, whether by sale, rent, fine, or quit- rent, shall be vested in Her Majesty, as shall all dues and customs collected on any part of the coast ; and all such sums shall be applied exclusively to the maintenance of the civil government. The Governor of the colony, under whatever denomination, shall be appointed by Her Majesty ; and no laws to be passed in the colony shall be valid without his consent. The Commissioner will be authorised to call together the prin- cipal emigrant farmers and others, and inform them that Her Majesty, having been graciously pleased to bury in oblivion past transactions, and being desirous of being enabled to rely upon their present assurances of dutiful obedience and loyalty, is anxious to place the institutions of the colony upon such a footing, consistent with the maintenance of her royal authority, as may be most acceptable to the bulk of her subjects. The Commissioner is, therefore, to be authorised to invite the unreserved expression of their opinions and wishes in respect to the judicial and other local institutions uiidei- which they may desire to be placed ; with an assurance that such expressions, when submitted to Her Majesty, shall receive Her .Majesty's most favourable consideration. 2 V !^6 ANXAI.S OF NATAL. He will cause it to be distinctly understood, however, that this authority does not extend to the question of legislation, on which Her Majesty reserves to herself the most entire freedom of action. I think it probable, looking- to the nature of the population, that they will desire those institutions to be founded on the Dutch, rather than the English, model ; and however little those institutions may be suited to a more advanced stage of civilization, it is the desire of Her Majesty's Government that in this respect the content- ment of the emigrants, rather than the abstract merits of the institu- tions, should guide our decisions. The Commissioner, however, will not hold out to the emigrants the expectation that the expenses of the colony, other than those of military protection, will be defrayed by the mother country. On his subject it is important that there should be no misapprehension. It is also necessary that the Commissioner should state most explicitly that, whatever may be the institutions ultimately sanc- tioned, three conditions are absolutely essential : 1. That there shall not be in the eye of the law any distinction of colour, origin, race, or creed ; but that the protection of the law, in letter and in substance, shall be extended impartially to all alike. 2. That no aggression shall be sanctioned upon the natives residing beyond the limits of the colony, under any plea whatever, by any private person or any body of men, unless acting under the immediate authority and orders of the Government. 3. That slavery in any shape or under any modification is absolutely unlawful, as in every other portion of Her Majesty's dominions. You will take care that it be distinctly understood that these three conditions are indispensable preliminaries to the permission which it is proposed to give to the emigmnts to occupy the territory of Port Natal, and to enjoy therein a settled government under British protection: and I trust that no difficulty will be found in obtaining the willing acquiescence of the emigrants in stipulations so reasonable, and in our judgment not more called for by humanity ;iinl justice thiin essential to the peace and good order of the district. 1 ;iin not aware that there are other points on which it is necr>- sary that I should give you immediate instructions. I have stated to you the grounds on which Her Majesty's Government are prepared to adopt a different course from that which they desired in April last, and the general view which they take of the mode of dealing with tin- district under all the embarrassments which surround the AXXALS OF XATAL. j 4.7 subject. Much of the detail I shall cheerfully leave to your judg- ment and local knowledge. You will, I am sure, be aware how much depends on the good sense and prudence of the officer whom von may select as Commissioner. Yon will furnish him with detailed instructions, taking for your basis the substance of those which I have given in this despatch. Yon will especially warn him against committing you or Her Majesty's Government by any unauthorised announcement ; and you will warn him. except in such points as he is specially ordered to announce, to consider himself rather in the light of a Commissioner sent to collect opinions and information than of an officer authorised to make definitive arrangements. You will also do well to make it known at the Cape that von are posi- tively restricted for the present from any disposal of land at Natal, and will discourage any speculative emigration which may be likely to arise on the first announcement that Natal is to be adopted and taken under British protection. You will have the goodness to report to me at the earliest possible period the steps which yon may take in consequence of the receipt of this despatch. I have the honour, ANNAI.S UK XATAL. a& to the tenor of tin- treaty, ami that most absurd intentions are imputed to the British Government, of course by those who wonkl he snfferers in the event of a quiet settlement of affairs taking plaee. I saw one of the American missionaries this morning. He had heard that the natives on the other side had been trained over by the U.KTS. and were to be opposed to the natives here, in order to leave them free to attack the troops. I think it not unlikely this place will be made the scene of a tierce struggle at no distant period, for the mass seem determined not to submit to the Government, and without a port they well know thev can be nothing : and their ignorance is such that they still con- tinue to hope for naval aid from Holland. This gentleman (the American missionary ) said that he believed there was much more in the visit of the supercargo than had tran- spired; and added that the resemblance between that person and a portrait of the Dutch admiral which he had seen, was quite sur- prising: he evidently appeared to infer that Smellekamp was an emissary of the Dutch Government in disguise. I regret to find that the "Fawn." on coming here, was most inadequately supplied with ammunition. I have the honour. J (Signed) J. C. SMITH. Captain. J7th Kegt. CAPTAIN J. C. SMITH TO SIR G. T. XAP1KK. K.C.B. Port Xatal, 13th December. L-4'J : 1'2 at noon. SlK, I was just closing my packet to you when the enclosed letter was placed in my hands, of which the content.- are most im- portant, coming as they do from a person having the best means of information. When he tendered his resignation of the position of landdrost lately, it was not received two months' notice being required and he therefore fled from Pietermarit/.burg. and is now living on the Umla/i. near or at the residence of Dr. Adams. There is every reason to credit Bareiid Rudolph's statement. although the number of Boers coming here may be exasperated ; but a great influx of people has lately taken place from the Orange River towards and across the I )rakensberg. The writer, although a brother of the commandant, is a timid and peaceably-disposed person, and tied to avoid the troubles he foresaw coming on. 1 shall send instantly to warn Umpanda. ANNALS OF XATAL. This moment, a letter from Dr. Adams, confirmatory of the first enclosure, was given to me. I send a copy; and. while doing so, beg- to advert, to the excellent feelings of the gentlemen of the American mission. Their names, I presume to advise, as well as that of Barend Rudolph, had better be kept from transpiring. I have, &c., (Signed) J. C. SMITH, Captain, 27th Regt. [Enclosure No. 1.] B. RUDOLPH TO CAPTAIN SMITH. Umlazi. 13th December, 1842. SIR. Being at present at the station of Dr. J. Adams, and con- sidering myself in duty bound, as a subject of Her Majesty the Queen of England, agreeably to the treaty concluded on the loth Julv last, I have the honour to acquaint yon that I had an opportunity last week of hearing a letter read, written by one G. Mocke, who styles himself commandant at Modder River, intimating his transactions concerning the fixing a limit or boundary at the Orange River, and expressing his hope that it will meet the approbation of the Council at Pietermaritzburg. &c.. etc.. and that the Council will be expected to provide ammunition, and that they intend coming hither by the middle of December or January, to give the English notice to depart. In the course of last week a person arrived at Pietermaritzburg who keeps himself very retired ; however, I have ascertained from him that he has come for the same purpose as stated above. I can assure you that there was nothing of the matter known at Pietermaritzbnrg, and hope that they will not entertain so ridiculous an idea. I must inform you that I have heard from one Potgieter that 2,000 men will come over the Draakberg this month. (This Potgieter lives at the Tngela, at the foot of the Draakberg.) I told him that I could attach no belief to his assertion ; but he assured me that my eyes would see it : and he told me, further, that the commando is not intended to proceed immediately against the English, but that they had an eye on Umpanda : and I verily believe that the circumstances of the case are not otherwise at present. I am persuaded that Cap- tain Smith will consider me as a subject of Her Majesty, and not otherwise, and that my writing to you does not arise from any other motive, and that the safety of myself and family will be regarded by you as much as possible, for I fear evil-disposed people. IjjO ANNALS Ob' XAI.VL. I feel anxiety in ascertaining, or rather in hearing, from the farmers that what I said to you \vhen I \vas last in camp is unknown to them. I have the honour, etc.. (Signed) B. Ri'nor.i-ir. [Enclosure No. 2. Du. J. AI>AMS 10 MR. CATO. Urnlazi, 13th December, 1842. Sn;, Since I saw you yesterday, I have obtained some additional information in regard to the designs of the fawners living beyond the Kathlamba Mountains. A letter was received by the authorities at Pietermaritxburg recently from one who appears to be a sort of leader or commandant on the other side, by the name of Mocke, requesting the Pietermaritzburg people to join them on the other side in an expedition against Umpanda and the people of this region. It is the plan to attack Umpanda first, and then the people of Natal. The pretence for attacking Umpanda is : they allege that he has a com- mando ready, and designs to attack them. This is a shallow reason, certainly. Doubtless, they want his cattle and the cattle of this reirioti. The commando from the other side, it is said, would cross the mountains on or before the 16th instant, in case a favourable answer should be received from this side. The people of Pietermaritzbm-g are not disposed to join an expedition of the kind proposed, and have returned an answer to that effect. I have also received a letter f rom Mr. Lindley, which corroborate* some of the particulars I have mentioned. I have, ivc.. (Signed) J. Ai>A?is. SIR G. T. NAPIER, K.C.B., TO CAPTAIN SMITH. (lovernment House. Cape Town. Ittrd December. IM'J. SIR, I have the honour to acknowledge the receipt of your letter of the 6th ultimo, transmitting for my information copies of two notices which have been published by you relative to the issuing of title deeds at Pietermaritrfmrg to those lands already in the pM^rsMon of the emigrant fanners, and to acquaint yon that E approve of the measures which you have taken for Undeceiving the people in regard to the value which can be attached to these docu- AX.VALS OF NATAL. ments in the event of Her Majesty's Government resolving upon the extension of British law and authority to those countries. The titles are perfectly worthless, and the emigrants have been sufficiently warned that they are so ; but there is, perhaps, no point on which greater caution should be used by you than the one in question. I have the honour, &c., (Signed) GEORGE NAPIER. SIR GEORGE NAPIER, K.C.B., TO CAPTAIN SMITH. Government House, Cape of Good Hope, 23rd December, 1842. SIR, I have the honour to acknowledge the receipt of your letter of the loth ultimo, acquainting me with the circumstances which led you to order Captain Lonsdale and a party of soldiers out on the 23rd of May last for the purpose of recovering some cattle belonging to the detachment under your command, and in reply I have to inform you that the explanation is perfectly satisfactory. I have the honour, &c., (Signed) GEORGE NAPICR. SIR G. T. NAPIER, K.C.B., TO MAJOR SMITH. Government House, Cape of Good Hope, 23rd December, 1842. SIR, I have the honour to acknowledge the receipt of your letter of the 20th ultimo, explaining the reasons which led you to arrest and send to Cape Town a Mr. Isaac van Niekerk, of Pietermaritzburg, on a charge of felony, for inciting a soldier to desert, and to acquaint you that I approve of the measures which you adopted ; although the Attorney- General is of opinion that the evidence transmitted is hardly sufficient to justify him in detaining the man in prison until the necessary witnesses could be sent fi-om Natal. Before Niekerk was discharged from confinement, however, two charges of theft were preferred against him ; and as he Avill be remanded to the Circuit Court of Graham's Town to stand his trial for these offences, it will be some considerable time before he again makes his appearance in your neighbourhood. I have, &c., (Signed) GEORGK NAI-IKI:. 152 AN.VU.S OF NATAL. SIR G. T. NAPIER, K.C.B., TO MAJOR SMITH. Government House. Cape of Good Hope, 23rd December, 1S42. SIR, I have the honour to acknowledge the receipt of your letter of the 21st ultimo, transmitting a copy of a pamphlet circulated by the Dutch supercargo Smellekamp, which was said to have caused much excitement at Port Natal, and informing me that a disavowal of the pi-oceedings of the individual above named by the Dutch Government would do much to ti-anquilli.se the people. I shall take an early oppoi-tunity of forwarding a translation of the pamphlet for the information of Her Majesty's Government ; but, in the meantime, I transmit a number of copies in Dutch and English of a despatch and its enclosure which I have lately received from the Right Honourable the Secretary of State, containing a dis- avowal on the part of the Dutch Government of any participation in the proceedings of the captain or owners of the " Brasilia." I trnst this communication will put an end to the absurd expectations enter- tained by the emigrants that Holland is disposed to lend them any countenance or support in their attempt to assert their indepen- dence. I have the honour, &c., (Signed) GEORCK NAIMKK. SECTION V. 1843. DESPATCH FROM SIR GEORGE XAPIER To THE RltiHT HOXOI-RAHU: THK LORD STAM.KY, SKCIM-VI A I! V OK S'l'ATK. Government House, Cape of Good Hope, 6th January, 1843. MY LORD, In transmitting for your Lordship's information the enclosed copies of the reports which I have received from Major Smith relative to the affairs of Port Xatal between 6th November and 12th December last. I have the honour to draw your particular attention to the pamphlet which forms one of the enclo- sures, and which was extensively circulated among the emigrant farmers by the supercargo of the '' Brazilia." I concur with Major Smith in opinion that much of importance is to be attached to this document, which, although professing to be published for the purpose of disseminating information in Holland relative to the affairs of a country with which the writer considered a lucrative trade might be established, contains many passages calculated to excite, among people already sufficiently disaffected towards the British Government, still stronger feelings of disinclina- tion again to submit to the Queen's authority. I do not apprehend that the fanners beyond the Orange River will attempt any movement towards Xatal for the purpose of attacking either the native tribes or the troops, having already excited the anger of the Griquas sufficiently to make that nation fall on the farmers should their strength be considerably diminished ; nor. in the event of such a movement being made, do I conceive that success could possibly attend it, seeing that the position occupied by the 154 AN'NALS 01- NATAL. force nndev Major Smith is defended by regular entrenchments, and fortified bv the presence of a vessel of war anchored inside the harbour. But as much excitement will naturally prevail in that country consequent on the movement of the Lieutenant-Governor towards the northern boundary, I have thought it expedient to request the Admiral commanding on the station to despatch a vessel of war to cruise on that coast, provided the present arrangement of the squadron leaves it in his power to comply with my request. I have the honour, etc., (Signed) GEORGE NAPIER. DESPATCH FROM SIR GEORGE NAPIER To THE RIGHT HOXOURABLK THE LORD STANLEY, SECRETARY OF STATE. Government House, Cape of Good Hope, 21 st January, 1843. MY LORD, With refei-ence to the concluding paragraph of my despatch No. 4, of the 6th instant, I have the honour to acquaint your Lordship that Rear-Admiral the Honourable Josceliiie Percy has despatched Her Majesty's ship " Winchester" to cruise off Natal for fourteen days, and to communicate with Major Smith, and that the " Cleopatra," which arrived at Algoa Bay a few days ago from the Mauritius, has also proceeded to the same destination. This demonstration will render Major Smith's position quite secure, by showing the emigrants that their movements are watched, and that force is at hand to check them in the event of their making any attempt of a hostile nature against the detachment at Port Natal. I have on this as on former occasions to express my thanks for the prompt and efficient co-operation which I have received from the Admiral in support of the operations which it has been necessary to undertake in consequence of the movements of the emigrant farmers at Port Natal. I have the honour, I;<;K NAI-IKR. LORI) STANLEY TO SIR GEORGE NAPIER, Downing-street, -J(;th January, 1843. SIR, 1 have to acknowledge the receipt of your despatches of tin- numbers and dates noted in the margin. By these communications I learn with regret that the minds of the Uocrs at Natal are still unsettled that their submission to the AXXAf.S OF NATAL. '55 Queen's authority is. apparently, equivocal ; and that among the Boers generally, who have located themselves beyond the frontiers, such misapprehensions prevail as to the real state of affairs in Xatal, and such unfounded expectations of the possible assent of Great Britain to the establishment of a Dutch Republic, or of the interposition of Holland, or of any other European Power, in favour of such a project. You have already been furnished with the most indisputable proofs of the fallacy of any such expectations ; and I hope that the notification of the favourable conditions on which the Queen has been pleased, through my despatch of the 13th December, to signify her willingness to grant protection and indemnity to' the Xatal settlers, will have disposed them to acquiesce peaceably in dutiful submission to the Crown, and that they will not compel Her Majesty's Government to put forth the means which they know we possess of effectually putting down any disposition to turbulence. The accounts, however, which hare been received of the pro- ceedings of the Boers at Xatal and elsewhere, and also of some of the Kafir tribes, have induced Her Majesty's Government to make arrangements for strengthening the force allotted to the colony. * * * * With this foi-ce I trust that you will be effectually able to pro- tect the frontier, and at the same time to keep order in the Xatal territory, and among the neighbouring tribes. You will, however, be careful not to engage in operations at a distance from the settled parts of the colony. [The portions of the despatch omitted do not relate to Xatal.] I have the honour, &e., (Signed) STAXLKV. MAJOR J. C. SMITH TO MR. BODEXSTE1X. Port Xatal, 28th January, 1848. SIK, I have learnt with much surprise that a demand has been made at Pietermaritzburg for custom dues on goods arriving at that place from Xatal. I therefore hasten to acquaint you that such an act is illegal, all custom duties being the property of the Crown, by whose authority alone the order for their collection can be given. Under these circumstances, I beg you will acquaint the farmers that I cannot sanction the step thev have taken and have therefore issued a notice forbidding such goods being transmitted to the interior until it is notified to me that their intention of demanding duties on 156 AXNALS OF NATAL. them has been abandoned. When that takes place, the restriction shall be immediately removed. On the other side, I send you an extract fi-om the Cape Almanac for the present year, by which you will perceive that all the custom duties on articles shipped for this place are required to be paid previous to their leaving the colony, and, of course, cannot be sub- ject to surcharge, except by the express authority of Government. I have. A.-.. (Signed) J. C. SMITH. Major, 27th Regt, Pun MO XOTICK. It having been officially communicated to me that a demand had been made at Pietermaritzburg for certain dues on goods lauded at this port from British vessels on which the custom and other duties had been already paid, and as such dues belong to the Crown, and the levying thereof can only be done by its authority. I think it right to forbid the transmission of any goods whatsoever from this place to the interior, until it shall have been intimated to me that the illegal demand in question has been given up. Given under my hand, at the Commandant's office. Port Xatal. 28th January, 1848. (Signed) J. C. SMITH, Major. 27th Regt., Commandant of Xatal. -MAJOR SMITH TO SIR GEORGE XAPIER. K.C.B. Port Xatal. 3rd February, 1843. SIR, I have the honour to acquaint your Excellency that, almost immediately after the departure of H.M.S. "Winchester," I received a letter from Mr. Mesham, stating that on his return to Pietermaritz- burg he was required to pay custom dues on the goods he brought with him from this place. He encloses me the notice lie had been served with to that effect, which is signed by Bodenstein. as " Receiver of Customs." and I enclose it for your Excellency's information. Viewing the assumption of the right to levy duties as a step indicative of their considering themselves independent of the autho- rity which alone can sanction it, I consider it advisable to take measures for its repression, and theivfore issued a notice forbidding any goods being transmitted to the interior until the demand was given up. L also wrote a letter to be laid before the farmers, explaining my reasons for taking this step, and stating that when the alleged intention of levying duties was abandoned the restriction AXXALS OF NATAL. 157 would be removed. Yesterday evening I received a reply from Bodenstein, to inform me that my letter not having been addressed to him as secretary to the Raad, he therefore considered it as private, and had not laid it before them. This is a mere evasion, in order to obtain proof of my admitting their appointments ; for I know my letter was laid before the Raad and discussed by them. 1 shall write this day to require a reply on the subject, and inform them that, if not abandoned. I shall feel myself compelled, however unwillingly, to close the port and forbid their produce being embarked. They will not, I am told, persist in the demand, but levy a higher charge upon licences instead, which I do not think it essential I should interfere with. Having been put in possession of a copy of the letter written by Moeke to the Volksraad, obtained with some difficulty, I forward it to your Excellency, it being curious, as showing the feeling of these people as regards the Government. Viewing the abandonment of this place as a step that would ultimately embarrass the colony to an extent not at present contemplated, I consider all documents expressive of the opinion of the Dutch that have separated them- selves from British authority as valuable, in so far as they show how little chance there is, if left again to themselves, of their being brought to submit to lawful authority. Once leave them the port, and supplies will now in abundantly ; while the influx of foreigners of all descriptions will soon enable them (from its embarrassing bar and commanding bluff) to place it in a condition to resist all but a very formidable force. Matters here remain in the same state as when the '' Winchester " sailed ; but I entertain no apprehension of an outbreak taking place for the present, although they still hold out the threat of attacking the Katirs and driving them on the British for protection. The " Conch " arrived here to-day, foi-ty-tive days from Algoa Bay ! I have the honour, cvc.. (Signed) J. C. SMITH, Major, "27th Regt. [Enclosure.] DKMAM> KOI; PAY.MKNT OF liiroirr Drni:s. [Translation.] Mr. Mesham, it is expected that you will come and pay the import duties on the goods purchased by you, according to resolu- tion of the Council. Yours. (Signed) J. BODKXSTKIX, 18th January, 184:!. Receiver of Import Dues. leg ANNALS OF XATAL. DESPATCH FROM SIR GEORGE NAPIER To THE RIGHT HOXOI:I:AHI.K THK Loiu> STAXLKY, SKCKKTAKY OK SIATK. Government House, Cape of Good Hope, 21st February, 1843. MY LOUD. I have the honour to transmit for your Lordship's information the enclosed copy of a letter which I have received from Major Smith, the Commandant of Port Xatal, reporting that all was tranquil in that neighbourhood on the 3rd instant, and to request your Lordship's particular attention to the translated copy of tin- letter of Mocke, the leader of the disaffected Boers resident at the Modder River, as showing how little hope there is of such turbulent, misguided people being brought to submit to any kind of govern- ment unless thereto compelled by force. I have the honour, A'<-.. (Signed) GKOKOK NAPIEK. GOVERNMENT ADVERTISEMENT. Colonial Office, Cape of Good Hope, 24th March, 1843. With reference to the advertisement of 21st December last, making public the disavowal by the Dutch Government of the pro- ceedings of the master and the supercargo of the " Brazilia " at Port Natal, His Excellency the Governor now desires it to be notified that, by a despatch recently received from the Secretary of .State. covering a copy of letter from Baron van Kattendyke to Sir Edward Disbrowe, under date 4th November, 1842, His Excellency learns that the disloyal communications and overtures made to the said Government by the emigrant farmers in the month of April last, have been repelled with all the indignation that was to be expected from a Power in close alliance and amity with Her Britannic Majesty; and that the King of Holland and his Ministers have Taken every possible step to mark their entire disapproval of the unjustifi- able use of their name by the two individuals above mentioned, and to express their satisfaction at the promptitude with which the insurrectionary movement at Port Natal was put down. By command of His Excellency the Governor, (Signed) J. MooitK Cl.'AKi, Acting Secretary to Government, AXXALS OF NATAL. DESPATCH FROM LORD STANLEY TO SIR G. XAPIER. Downing-street, 29th April, 1848. Major-Genei-al SIR G. NAIMKR. K.C.B., &c., Cape of Good Hope. SIR, T have to acknowledge the receipt of your despatch No. 4, of 6th January, with a pamphlet and a translation of it in manuscript therein enclosed, bearing date Amsterdam, 1841, which had been extensively circulated among the emigrant farmers by the supercargo of the " Bra/.ilia ;" and having caused an extract of that despatch, together with the pamphlet, to be communicated to the Earl of Aberdeen, I now transmit to you a copy of the answer which has been received from the Foreign Office, with a copy of the despatch and its enclosure which lias been addressed to Lord Aberdeen by Her Majesty's Minister at the Hague on this subject. I have, ttc., (Signed) STANLKY. n;o.M HEK MAJKSTY'S MINISTKR AT THK HAGUE. The Hague, 21st April, 1843. The Earl of Aberdeen, &c., &c. MY LORD, In reference to your Lordship's despatch No. 5 transmitting to me the copy and extract of a despatch from the Governor of the Cape of Good Hope, and enclosing a pamphlet, bearing date Amsterdam, August, 1841, I have the honour to inform your Lordship that 1 have read these despatches to His Excellency the Minister for Foreign Affairs, and as he has expressed a desire to have copies of them, I shall place them in his hands in a day or two. The pamphlet has been perused by the Minister of Justice, who is not of opinion that it contains any legal gi-ound for prosecuting the author, notwithstanding the fact that the professed object of the pamphlet that of " disseminating information in Holland with respect to the affairs of a country with which the writer considers that a profitable trade may be established " is a mere pretext for concealing the political object which the parties had in view ; for although it is possible that a few copies may have been distr.buted to friends in order to engage them, if possible, to subscribe to the loan which it professes the intention to raise, your Lordship will perceive by the accompanying despatch from Mr. Annesley. in reply l6o ANNALS 01 NATAL. to one which I wrote to him, that the printers could not furnish a sin however, as not to amount to any pledge or promise of pardon to any of the said persons so charged as aforesaid, whose cases will hereafter be fully considered and finally determined upon as justice shall require : Now, therefore, I do hereby proclaim, declare, and publish, that the said Proclamation of llth August, 1842, and the offers of reward therein made have been, and the same are, hereby wholly abrogated and withdrawn, and that the said persons in the said Proclamation named, and for whose apprehension the said offers of reward were made, are hei'eafter to be viewed and considered just as if the said Proclamation had never been issued, and not otherwise or differently. GOD SAVK Tin-; Qi'EKx ! (liven under my hand and the Public Seal of the Settlement at Cape Town, this 10th day of May, 1843. (Signed) GEOIUSK NAPIEI;. By command, etc., (Signed) JUHM MONT.U;I', Sec. to Government. AXXALS OF XATAL. 165 PROCLAMATION By His Excellency Major- General Sir GEORGE THOMAS NAPIER, K.C.B., Governor and Commander-in- Chief of Her Majesty's Castle, Town, and Settlement of the Cape of Good Hope, South Africa, and of the Territories and Dependencies thereof, and Ordinary and Vice-Admiral of the same, Commanding the Forces, &c., &c. WHEREAS Her Majesty the Queen, in reference to the resistance to her royal authority manifested some time since by certain of her then misguided subjects, resident in the district of Port Natal, hath been graciously pleased to bury past transactions in oblivion, and to declare herself desirous of being able to rely upon the assurances of loyalty and obedience which her said subjects have solemnly and deliberately given : And whereas by a despatch which I have recently received from the Right Honourable the Secretary of State for the Colonies, I have had communicated to me the gracious inten- tions of Her Majesty with regard to the district aforesaid, as well as the general views of Her Majesty's Government respecting the mode in which the affairs of the said district shall be settled, so as most completely to secure the preservation of Her Majesty's sovereign authority, the prosperity of the people for whose safety and guidance that authority has been asserted, and the peace, protection, and salutary control of all classes of men settled at and surrounding that important portion of South Africa ; and whereas, although in a Minute lateh* laid by me before the Legislative Council of this colony of which Minute a copy was, by my order, published in the Government Gazette of 5th May instant for general information I have adverted to the principles upon which Her Majesty's Govern- ment purpose to proceed in carrying out the beneficent line of policy already indicated, I deem it nevertheless expedient to promulgate, by way of Proclamation, the substance of some portions of the said Minute, together with certain further details therewith connected, in order, amongst other things, that Her Majesty's Commissioner, hereinafter named, who is upon the eve of his departure to Natal, may be duly accredited, and the general scope and object of his powers sufficiently understood : Now, therefore, I do hereby proclaim, declare, and make known the several matters following that is to say : I. That by virtue of the power and authority in that behalf in me vested, I have nominated, constituted, and appointed the 1 66 AX.VALS OF NATAL. Honourable Henry Cloete, Esq., L.S., LL.D., to. be during pleasure Her Majesty's Commissioner for the district of Port Natal. II. That Her Majesty's said Commissioner is authorised to com- municate formally to the settlers in the district that Her Majesty has been graciously pleased to approve of and confirm the act of general amnesty of 15th July, 1842, in manner and form as the same was originally granted by Lieutenant- Colonel Cloete, acting under my authority, with respect to the various persons concerned in the late revolt and attack upon Her Majesty's troops. III. That the district of Port Natal, according to such convenient limits as shall hereafter be fixed upon and defined, will be recognised and adopted by Her Majesty the Queen as a British colony, and that the inhabitants thereof shall, so long as they conduct themselves in an orderly and peaceable manner, be taken under the protection of the British Crown. IV. That Her Majesty's said Commissioner is empowered and instructed to ascertain in the fullest manner the opinions and wishes of Her Majesty's subjects at Natal, relative to their judicial and other local institutions, in order that suitable arrangements in that behalf may afterwards be made according to the benignant principles explained and set forth in my Minute to the Legislative Council, and which need not be hei'e repeated. V. That while Her Majesty's said Commissioner is not debarred by his instructions from receiving and recording any suggestions which may be offered relative to the species of legislative authority proper to be established in the colony, he will at the same time cause it to be distinctly understood that upon this subject Her Majesty reserves to herself the most entire freedom of action. VI. That Her Majesty's said Commissioner is instructed dis- tinctly to declare that the three next mentioned conditions all of them so manifestly righteous and expedient as to secure, it is to be hoped, their cheerful recognition by the inhabitants of Xatal are to be considered as absolutely indispensable to the permission which it is proposed to give the emigrants to occupy the territory in <|uestion, and to enjoy therein a settled government under British protection : 1st. There shall not in the eye of the law be any distinction of persons or disqualification, founded on mere distinction of colour, origin, langnage, or creed ; but that the protection of the law, in letter and in substance, shall be extended impartially to all alike. 2nd. That no aggression shall be sanctioned upon the natives ANNALS OF NATAL. 167 residing beyond the limits of the colony, under any plea whatever, by any private person or any body of men, unless acting under the immediate authority and orders of the Government. 3rd. That slavery in any shape or under any modification is absolutely unlawful, as in every other portion of Her Majesty's dominions. VII. That, pending the promulgation of such definitive arrange- ments as Her Majesty may be pleased hereafter to sanction and establish, the existing institutions of the district of Natal will not be interfered with, so long as nothing is attempted under colour thereof contrary to the tenor of any of the provisions of this Procla- mation, or any of the provisions of the Act of the 6th and 7th William IV., cap. 57, regarding crimes and offences committed by any of Her Majesty's subjects within any territory adjacent to the Colony of the Cape of Good Hope, and being to the southward of the -">th degree of south latitude, or to the loyalty and due obedience owing to the British Crown. VIII. That with the exception of the expense of maintaining within the district of Natal a military force adequate to its protec- tion, which expense will be borne by the mother country, that colony must in every respect support the charges of its local government. IX. That in order the better to enable the colony to sustain the said charges, no extrinsic application will be made of any portion,, whatever of the revenue originating within the same ; but all sums of money arising from land, and whether by sale, rent, fine, or quit- rent, shall be vested in Her Majesty : as shall also all dues and customs which may, at any time after the legal establishment of the colony, be collected on any part of the Natal coast ; and all sums of money shall be applied exclusively to the maintenance of the civil government of the district. X. That the farmers and all others holding land within the dis- trict shall, pending the further pleasure of Her Majesty, be protected in the enjoyment of all such land as they shall be found by Her Majesty's Commissioner to claim and hold. XI. That the farmers and all others holding land within the district of Natal will be called upon by the said Commissioner to make accurate returns showing the quantity of land which they, or those from whom they derive their claim, shall have bonafide occu- pied for a period of twelve months next before the arrival of the said Commissioner, in order that, after such returns shall have been 1 68 ANNA f, 8 OF 3.ATAL. verified by the said Commissioner, grants from the Crown may be made to the several parties, to such an extent and upon such terms as Her Majesty, taking into consideration the circumstances of the colony, the general Avelfare of its inhabitants, and the expediency of raisin**, in any just and equitable manner, such a land revenue as may make the charge of supporting the local government leaett bur- densome to her subjects, may approve of and impose. XII. That, pending the signification of Her Majesty's pltujsure upon the subject, no grant or sales of land in the district of ZSatal will be made to any person whomsoever; and that all person** are hereby distinctly warned of the absolute futility of any attempt to acquire a title or claim to any lands in the said district by any species of dealing or transaction with any person or persons what- ever, save and except in such cases as fall Legitimately withihi the principle of the bona fide occupation of twelve months, as in the- 1'ast preceding articles set forth. And now, in order that Her Majesty's said Commissioner may be the better able to discharge the important duties with which) Jit- is entrusted, I hereby charge and exhort all Her Majesty's subjects to be aiding and assisting him while acting in the performance of his several functions, that so the affairs of the Natal district may fee the more speedily and satisfactorily settled and arranged : an efficient though, as much as may be, inexpensive government supported by Her Majesty's power and authority be substituted for an anomalous state productive of weakness and disunion : the gracious desire of Her Majesty to knit the hearts of all her subjects to her person and government, as evinced by her willingness to concede to her people at Port Natal every just personal right, and every reasonable political privilege, be happily accomplished ; and the natural resources of that country be gradually developed under Her Majesty's firm but fostering rule, stimulating the industry which can never prosper but beneath settled institutions, and securing the advantages which are enjoyed by every colony of Great Britain. GOD RAVH THE Qi 1:1 x ! Given under my hand and the public seal of the Settlement, at Cape- Town, Cape of Good Hope, this 12th day of May, 1843. (Signed/ GKOI;<;K XAIMKI;. By command of His Excellency the Governor, (Signed) JOHN MONTAGU, Secretary to Government. ANNALS 01' NATAL. 1 69 COMMANDANT G. J. RUDOLPH TO MR. J. G. VERMEULEN. [Translation.] Pietermaritzburg, 12th May, 1843. Mi-. J. G. VERMEULEN, Landdrost. SIR. Wishing you the enjoyment of good health, I have at the same time to inform you that, by God's grace, we are accompanr I by our Dutch friend ; but up to this moment we are ignorant of the manner in which our case lias been settled. Smellekamp and Cap- tain Reus alone have arrived in the bay by a ship, and expect the other large ships. Those that are disposed for the English are cowed. Commu- nicate this to all friends to Lanrens also. The good God has listened to our prayers. I can only write briefly, and am unable to say anything more, but the time has now arrived for every one to know himself, and come as speedily as possible to carry the business into effect. Let not the least delay take place. I expect my friends immediately in order to obtain the prosperity of our country. I have, &c., (Signed) G. J. RUDOLPH, Commandant. [A true copy from the original, made by myself literally. (Sgd.) G. D. JOUBERT.] LORD STAXLEY TO SIR GEORGE NAPIER, K.C.B. Downing-street, 21st May, 1843. Major-General Sir G. NAPIEK. K.C.B., &c., &c. SIB, With reference to former correspondence respecting the proceedings of the supercargo of the Dutch vessel " Bra/ilia" at Port Natal. I transmit for your information and guidance the copy of a letter from the Foreign Office, covering a copy of a further commu- nication on the subject from Her Majesty's Minister at the Hague. You will perceive that Sir Edward Disbrowe states that, besides Smellekamp, the supercargo, the " Brasilia " carries out with it another agent, Martino, a schoolmaster, who is to reside at Port Natal. In the event of the " Biazilia" returning to Port Natal, you will take the proper steps for preventing Martino, or any party connected with the vessel, from establishing themselves at that port. The law relating to aliens under the former Dutch colonial 170 AX.VALS OF NATAL. \ system will probably invest you with sufficient power for that pur- pose ; but if the law on this subject should appear to you to be doubtful, the local Legislature will have the power of making it clear. I have the honour, &c., (Signed) STANLEY. DESPATCH FROM EARL CANNING. [Confidential.] Foreign Office, May llth, 1843. JAS. STEPHEN, Esq., was convened by me to be held here 011 Friday, the 9th, following, in order formally to announce to the emigrant farmers and others the general amnesty as granted by Her gracious Majesty, and the conditions upon which Her Majesty had been pleased to take the inhabitants under British protection, and adopt the territory of Natal as a British colony. I was the more induced to hasten this public meeting and announcement, as I was informed by Major Smith that considerable excitement appeared to exist at, this place, connected in some degree (as he believed) with his having refused the master and supercargo of the Dutch schooner " Brasilia," which had again made its appear- ance on this coast, communicating with any of the inhabitants ; and that a public meeting was to be held on that, the day of my arrival at Port Natal. After visiting the country about the port, I left on the 6th, and arrived here on the 8th, when I was received about a mile from Pietermaritzburg by Mr. Zietsman (the present landdrost of the town), Mr. Boshof, and three or four other private persons. In the course of that evening and the following morning, some respectable inhabitants called upon me, and assured me that my presence was hailed by them with much satisfaction ; although, from the few words that fell from them, it was very evident that great excitement prevailed among them, and that some direct or indirect opposition might be anticipated from a few violent and disaffected persons, who seemed inclined to throw some impediments in my way. I, however, determined, agreeably to the notices which had been publicly circulated here, to hold the meeting which I had announced, and proceeded on the following day (yesterday) to the Court-hall, where arrangements had been made by the landdrost (Mr. Zietsman) for my addressing the public meeting. Some four or five hnndied persons being there assembled, I formally communicated and fnlly expounded. in a manner and language most suitable to the majority ANXALS OF NATAL. 179 of them, the substance of His Excellency's Proclamation and Minutes in Council. After having been listened to with pei-fect patience and atten- tion, during a discourse of some length, I was about to quit the chair, when one of the inhabitants, Anthon Fick, addressed me, stating that a public meeting had been held here a few days ago (under the sanction of the Volksraad), which had passed sundry resolutions, which he (as chairman of that meeting) had been desired to communicate to me, and which he was anxious publicly to do. This I, in the first instance, declined ; but finding the meeting assume an appearance of clamour and, in fact, all egress from the room being pi-evented by the great concourse of people (both male and female) which had choked up every passage and further con- sidering that perhaps such a transient ebullition of feeling might best expend itself in such a manner, without leading to a lengthened and violent written correspondence, I allowed the resolutions to be read, under the condition that, the language thereof should be becoming and decorous, and such as I could allow ; and that if so, no further notice of their contents would be required of me. Upon this proviso, the spokesman began reading a series of resolutions reprobating the injustice and cruelty of preventing the master, supercargo, and passengers of the " Brazilia " landing at Port Natal, and expressing that they should not communicate with Her Majesty's Commissioner until they had seen the supercargo of that vessel, Smellekamp. The spokesman further proceeded to read a long petition which had been laid before the meeting (of which he had been chairman) by some females, which document gave a long and pathetic detail of the sufferings and miseries of the emigrant farmers, and was about to appeal to the feelings of the public not to recognise my authority. This I instantly stopped, stating that I should not for a moment tolerate such language, and I put an end to all further communication with the meeting, but would only state, Avith regard to the refusal to admit the master, supercargo, and passengers of the " Brazilia " to land, that it was self-evident, from a comparison of dates, that His Excellency on the 4th of May last first publicly announced in Cape Town the determination of Her Majesty in regard to this territory, while they knew that the " Brazilia " had arrived at Port Xatal on the 8th : that it was there- fore impossible that Major Smith could have been aware of the entire change of policy to be observed touching this territory ; and I folly -explained to them the grounds upon which Major Smith had con- j8o AXXALS OF NATAL. sidered himself bound to resort to the measure which he had adopted : and with this explanation I withdrew from the meeting. I have since been informed that, after my quitting the hall, some members of the Volksraad and other influential persons addressed the inhabitants, and effectually soothed down the unquiet spirits which had been worked up for the occasion, and had acceded to another public meeting, to be convened for the first of August next, of which they have given me a written notice. From the various circumstances which have come to my kno w- ledge within these few days, and from the state of parties in which the community is divided, I have come to the following conclusions, which I deem it my duty thus early to impart for His Excellency's information and guidance, viz. : First. That any actual attack, or combined and open outbreak and collision with Her Majesty's troops is not for a moment to be apprehended. Second. That there, however, does exist a very violent anti- British party, consisting of the very lowest order of the community, headed by some persons who bore the very worst description of characters within the Colony of the Cape of Good Hope, who seem to have a powerful influence over the ignorant and ill-informed, and seem inclined to urge them on to every indirect act of opposition or resistance to Her Majesty's Government. Third. That although such proceedings are strongly reprobated and discountenanced by the well-informed and respectable class of the community, that these, however, seem to shrink from the odium which they apprehend will be heaped on them in the event of their coming forward openly in support of Her Majesty's Government ; that some of these, on this ground, hold back from even holding any official employment : and thus they leave the expression of public opinion to the clamour of the lawless and ignorant. Fourth. That the latter are encouraged and emboldened in this clamour by the almost entire absence of all form or semblance of government ; that the Volksraad, constituting the legislative and executive government of the country, and which ought to consist of twenty-four members, at present only consists of seventeen ; that of these, several have been unduly elected, and are incompetent to hold offices, and consequently that those actually attending are led by any pressure or party from without : and that any law or decree emanat- ing from them does, in fact, labour under nullity. From such a state of things, almost bordering on anarchy, I AXXALS OF XATAL. l8l cannot but apprehend considerable difficulties in the execution of the trust imposed upon me ; while it will afford me unfeigned satisfac- tion to be able hereafter to qualify the unfavourable impressions at present created in my mind. But a more settled and firm govern- ment appears to me to be immediately required to support the well- affected and to depress the evil-disposed. I have the honour, &c., (Signed) H. CLOETK, H.M. Commissioner. P.S. 12th June, 1843. As instances of the spirit at present prevailing here, and of the utter inefficiency of any fixed govern- ment, I take leave to mention that, after writing my foregoing letter on Saturday last, in visiting the various parts of this new town, I found the Dutch flag displayed from two houses the one occupied by a cooper, of the name of Greybe, and the other belonging to Gert Rudolph, the present military commandant ; and I was further informed that these flags had been displayed during the previous days. In expressing to Mr. Zietsman, the lariddrost, my regret that such a silly display of opposition to Her Majesty's Government should be thus publicly exhibited, he stated that he could not prevent any such act being committed by any private individual on his own land, but that he would prevent its being done on any public property ; of course, I cannot take any further notice, nor does it perhaps require it. I have also this day received the intelligence that letters had been transmitted by the same Commandant Rudolph, directed to the landdrost or functionary beyond the Draakberg, requiring him to despatch two hundred men here with all the powder they could muster. I attach little weight to these reports ; for it appears, from a comparison of dates t that these letters were written immediately after the intelligence had been received that permission had been refused to Smell ekamp to come up here. It seems quite inconceivable, yet it is more and more confirmed to me that very many still cling to the belief that this schooner was to bring them hope of support from Holland ; and it will require weeks and months before I shall be able sufficiently to mix with the people to expose the folly of such a belief. (Signed) H. CLOETE. 1 82 ANNALS OF NATAL. MR. M. A. OBERHOLZER TO THE CIVIL COMMISSIONER, MR. F. RAWSTORXK. [Translation.] Riet River, 14th June, 1843. SIR, On the 16th May a meeting was held at Upper Riet River by John Vermeulen, landdrost at Windberg, with five of their com- mandants and a number of fieldcornets. I was ui'gently requested to attend with some of my people, but refused. On the 20th May I received two letters one to myself, the other to my people wherein we saw that our community at Riet River was totally annulled, with threats that if in future we should hold any meetings relative to our affairs, they would then come with an armed force to attack us, and would put us to death. Upon this I have resigned my post as commandant over the emigrants at Riet River, since we are not able to resist their force ; and hereupon I make known to you that, although we are now under constraint by their force and violence, yet we remain still hoping and trusting in the Government, and we earnestly beseech your favourable construction. I most humbly beseech you to keep the contents of this letter secret, both as regards speech, and still more that nothing should appear in the public prints, as it might endanger our lives. If you should at any time find it needful to write, I request you will avoid doing so by an express, but will use the utmost circum- spection, so that it shall not appeal 1 that there is any intercourse by letter between us as I repeat, that my life depends on it. Excuse this short communication, and think well of us. I have the honour, &c., (Signed) M. A. OBKIJHOLZER. EXTRACT FROM A LETTER DATED PORT NATAL, JUNE 16, 1843, DIRECT EH i;v MAJOR SMITH TO THK HON. H. CLOKTK, H. M.'s COMMISSIONER FOR NATAL. " On the subject of our conversation respecting custom dues, I wish to say a few words. Looking again over His Excellency's letter to me and your instructions, I feel strongly inclined to think my first view was right, and that it is not intended the farmers should levy them at. Natal, but merely upon such goods as proceed AXXALS OF XATAL. l8j from hence to the interior, as they originally propose. His Excel- lency's letter to me seems clear on this subject ; neither do I think the passage in your instructions contravenes the view I take but, of course, it is a matter on which different judgments may be formed. I mention it, however, because it appears to me that giving the farmers permission to collect duties at this port (where, by the way, it could scarcely be considered as a local assessment) would be sure to lead to inconvenience, and perhaps collision ; for persons residing- here might refuse to pay a second duty on goods for which the colo- nial import duty had already been levied at the Cape ; and in that case, how could it be enforced '? The person deputed by the farmers would probably appeal to me ; but, in the present posture of affairs, I do not well see how I could compel payment or permit the farmers,, by their officers, to do so. I have other reasons which I think strengthen my opinion on the subject ; but as you propose being down here eai-ly in next month, I will abstain from communicating them at present." LETTER FROM GERMAN RESIDENTS. Pietermaritzburg, 17th June, 1843. To the Hon. H. CLOETE, LL.D., H.M. Commissioner for Natal, Pieterniaritzburg. SIK, Forced by the present unsettled state of this place, we take the liberty to intrude upon your valuable time in stating that certain excesses, although in a small degree, having taken place yesterday, and continued threats endangering our lives and property being held out not alone to us, Germans, as British subjects, but to all others who profess a good feeling towards and acknowledge their allegiance to the British Government. These threats, we are convinced, will be carried into effect upon the first occasion offering ; and being assured that no redress will be obtained from the present local Government from its want of physical force, and being aware of the losses sustained by certain parties here on a former occasion, that no redress has hitherto been obtained, although applications have been repeatedly made to Her Majesty's Government, we feel ourselves in duty bound to call upon you, as the representative of the British authority in this place, to afford us sufficient protection for securing our lives and property ; and at the 184 ANNALS OF NATAL. same time we request you will be pleased to advise us what line of conduct to pursue in the event of such threats being carried into execution, which we more particularly dread on your leaving here. We have the honour to be, Sir, Your most obedient servants, (Signed) ADOLPH COQUI, H. HAVKMAN, ERICH LANPSUKKU, C. H. HKINK. JOSEPH HANSMEYER, F. RAWSTORNE, C.C., TO THE ACTING SECRETARY, GRAHAM'S TOWN. Civil Commissioner's Office, Colesberg, J 7th June, 1843. SIR, I received intelligence early in the present week that the armed party of emigrants assembling at the Caledon River (at Kryno's place) had already departed for Pietermaritzburg ; but as I could not obtain any certain or probable estimate of their number, I forbore to make any special communication on the subject. I am as yet in the same uncertainty, having received 110 further intelligence either as to the extent or object of this movement. I am happy to state, however, that none of the emigrants, friends to Government (from whom the first report of these proceedings was received), have yielded to the requisitions made them for personal or other assistance, and that as yet no attempts have been made against them as threatened. From Mr. Oberholzer, at the Riet River, I have this day received a letter, which I enclose, with a translation. From this document will be seen the state of alarm and apprehension in which the adherents of Government are held by Mocke and his party. By the resignation of Oberhol/er as head of the party at the Riet River, and as it appears the acquiescence of the emigrants under him in the restraint put on their proceedings, it is to be feared that all distinc- tion will soon cease to be apparent between this body of emigrants and the rest, who seem so determined to assert their independence; hence the early interference of Government seems requisite. A son of Oberholzer who brought the letter informs me that he (the son) had been one of those commanded for Natal by one Oosthuy- sen. The object, he understood, was for the protection of the emi- AXXALS OF NATAL. 185 giants there against Panda and his Zulus. The commando, as he believes, had not quitted Modder River on Thursday, the 15th instant, but he thinks is now gone. He can make no estimate of their number. From one Van der Merwe, who is also from Riet River, I have received information in every respect corroborative of Oberholzer's letter. From his accounts, however, it would appear that the com- mand for proceeding to Xatal had been, in some cases, but little attended to. One tieldcornet had only been able to collect live persons for that purpose. He also states a report that the commando had been countermanded in consequence of Panda's having asked for peace. I have not been able to obtain any further tidings relative to Mr. Bertram. I have the honour, &c., F. RAWSTORXE, Civil Commissioner. F. RAWSTORXE, C.C., TO THE ACTING SECRETARY, GRAHAM'S Towx. Civil Commissioner's Office, Colesberg, 18th June, 1843. SIR, Since writing my letter of yesterday's date, I have been furnished by Field-commandant Joubert with the enclosed copies of letters the one from Rudolph, the present head of the emigrants at Pietermaritzbnrg ; the second from H. Steyn, a commandant near the Caledon, which show the views and object of the present movement of the emigrants towards Xatal. Mr. Joubert informs me that he has learnt that only eleven persons assembled at Kryno's on this occasion, with whom he (Kryno^ set off for the general rendezvous at Modder River. Kryno was to return immediately from thence : and he had threatened to drive into the colony on the 23rd instant all who have refused to comply with his summons ; but it is doubted if he has any authority for such a menace. From information which Joubert received from one Piet Pre- torius, now travelling from Pietermaritzburg to Graaff-Reinet. he draws unfavourable conclusions as to the disposition of the majority of the emigrants at Pietermaritzburg to accept of the gracious offers of the Government, as conveyed with the Commissioner, the Honour- able Mr. Advocate Cloete. I have the honour, een hailed by all the inhabitants of Port Natal, and along the coast lines, will induce me to devote all my attention and time to the inspection of all farms and lands in that neighbourhood daring the interval which must unavoidably elapse before I receive His Exivl- lency's further instructions on the important subjects submitted for his consideration in this and my preceding despatch. I have, &c., (Signed) H. CLOETE, H.M. Commissioner. P.S. Since writing the above, I have received a letter from some respectable and well-disposed German residents here, dated the 17th instant, a copy of which is annexed, which fully confirms the views I have submitted of the present state of affairs at this place. (Signed) H. CLOETK. THE HON. H. CLOETE TO SIR G. T. NAPIER, K.C.B. [Private and Confidential.] Pietermaritzburg, 20th June, 1843. SIK, The detention of the '' Mazeppa " at Port Natal affords me the oppoi'tunity of imparting the latest intelligence from this place, and I should have rejoiced if I could have been able to report ithat the state of excitement which I found on my arrival had sonic- AXXAf.S OF XATAL. igi what subsided ; but I regret to say that I see no hope of amendment until, by the adoption of temperate but determined measures, the well- disposed part of the community shall be supported, and the lawless and unrnlv shall have " trekked " to enjoy their notions of libertv in the deserts of Central Africa. I now find that these unruly spirits, who I had been informed were only among the lower class of farmers, or outlaws from the colony, are strongly supported by some of the more wealthy and influential, who are violent on the subject of their lands. The commandant, Gert Rudolph, claims no less than forty farms, the late Commandant Pretorius ten, and so several of the leading men. On Friday last a body of several of these land claimants, headed by Pretorins, called on me, stating that they were all anxious and dissatisfied on the subject of lands, as far as they understood the proclamation. They strongly urged that upon the settlement in this neighbourhood the first emigrants had obtained from the Volksraad at least two farms : and admitting that, some may have subsequently obtained more, they were anxious at least to have those two, to which they maintained they were entitled. I determined at once to put a stop to such notions, and, again and again referring to the proclamation, emphatically said that I would scorn to hold out any inducement to their getting as a right one title beyond Avhat the proclamation warranted ; that if they had claims founded on the l>ona fide purchase of lands, or prior occupancies, but Avhich had been abandoned by reason of the last twelve months' state of uncertainty, if such claims were respectfully brought forward in Avriting, they would receive an attentive consideration ; but beyond this I did not even Avish to natter them. They consequently left me more dissatisfied that ever, and I am informed, with Rudolph at their head, talk of trekking forthwith. The majority of the inhabitants of this town are, unfortunately, ignorant Boers who have just settled here during the last twelve months on account of the critical state of the country. These are gulled by Mr. Fick, Greybe, and other worthless inhabitants of Cape Town and its vicinity, and nothing can as yet take out of their heads that Smellekamp had some direct communication to them from the King of Holland. To restore peace and quiet here, it is absolutely necessary that such obstinately ignorant persons should not be indulged in their love of freedom ; but the state of the country is such, that I fear this moA'ement Avill not be unaccompanied by some acts of violence and outrage, which there is no semblance even of an authority to I Q2 AXXALS OF NATAL. repress or check. Mr. Zietsniau (the only individual who has staunchly supported me and Her Majesty's Government) lias already- made himself so unpopular, that he apprehends the first act of the Volksraad will be (in their meeting of the 1st August) to give him his conge, when there will literally not even exist an official func- tionary, but lynch and club law will rule triumphant. I shall not adopt the alternative of calling in any military aid, unless a case of necessity does actually arise ; but I beg to avail myself of this channel strongly to entreat of your Excellency to carry out the suggestions contained in my public despatches to your Excellency. Your Excellency may place perfect confidence in the loyalty, temper, and good sense of Mr. Zietsman : he is respected and looked up to by all the well-affected ; and a provisional appointment like that, I solemnly assure you, is absolutely required to ensure safety to the lives and property of the well-disposed. A small military detachment is equally essential to support the civil power whenever required ; and with these little helps, judi- ciously applied, I am yet confident that Her Majesty's authority will be established without any act of outrage or violence to mark the transaction. Mr. Zietsman's salary is only 100, and if he should hold the provisional appointment six months, 50 would be well compensated by the peace and tranquillity of the country. Although eight days have already elapsed since my public notice, only six German and four Cape emigrants have reported their claims to lands, so that I hope your Excellency will also authorise on my return to issue one more notice, " That all persons who shall fail after a fortnight to bring in their claims, forfeit all right to lands." Without some such stimulant my little authority will not be a brief one, but will be extended till doomsday. My public despatch has entered so fully upon those topics that I shall spare your Excellency the repetition, only hoping that your Excellency will be enabled to favour me with an answer to these suggestions as soon as possible, so as to see them carried out in the beginning of August next, when it will be seen what the wisdom or folly of the Volksraad may express. Your Kxcellency will perceive from my official report that some difference of opinion exists between Major Smith and myself as to the right to be conferred upon the Volksraad to levy duties at Port Natal, as they have not been in communication with me on any subject. I am happy that the opportunity is afforded me of a refer- ANNALS OF NATAL. 195 ence to your Excellency. I am aware that tlie people at the Bay (as it is called) strongly object to such an imposition : and it appears equally unjust to me that, if this place is to be viewed as a part of the colony, any duties should be levied ; still it appears to me im- possible to separate the port from the territory : and perhaps some " Mezzo Termine " might be found in permitting the Volksraad, if they behave themselves, to levy some duties. * * * * I have the honour, &c., (Signed) H. CLOETE, H.M. Commissioner. DESPATCH FROM SIR GEORGE NAPIER To THE RIGHT HONOURABLE THE LORD STANLEY, SECRETARY OF STATE.. Government House, Cape of Good Hope, 22nd June, 1843. MY LORD, I have the honour to transmit the enclosed copies of three letters from Major Smith, announcing the arrival of the Dutch schooner " Brazilia " at Port Natal, and detailing the measures which he took in consequence of that event. I have no hesitation in saying that the course Major Smith has taken is in my opinion the most judicious which, under the circum- stances of the case, could be pursued, and I have accordingly informed him that I approve of his proceedings ; but it is much to be regretted that the above-named vessel should have arrived at Natal at a time when it Avas most essential that the minds of the people should be undisturbed by any unfounded notions of assistance or sympathy from Holland. I am unable to say that I am in possession of any proof of the captain or supercai-go having on their former visit attempted to excite the people to revolt, which would have authorised the deten- tion of the vessel ; but, at the same time, I have every reason to believe that the conversation which they held with the emigrants, who were sufficiently predisposed to imbibe feelings of a nature hostile to the British Government, had that tendency. Your Lordship may, however, deem it advisable to call the attention of the Netherlands Government to the re-appearance at Natal of those very persons whom they had announced their inten- 2 i AXXALS OF XATAI,. tion of punishing, and to represent how injurious an effect such proceedings must have upon the interests of the British Govern- ment. The " Cleopatra " would probably arrive within a few days of the date of Major Smith's last communication ; I therefore hope that Mr. Cloete's presence will do much to allay the excitement conse- quent on the arrival and departure of the " Brazilia." I have the hononi 1 , &c., (Signed) GEORGE XAI-JU.-. MAJOR SMITH TO SIR GEORGE NAPIER, K.C.B. Port Natal, 24th June, 184:',. SIK. My interpretation of the instructions contained in your letter respecting the "levying of custom duties by the emigrant farmers, for the purpose of defraying the expenses of their temporary and local government," differing in some respect from that of Her Majesty's Commissioner, I have thought it right to refer the matter to you, in order that when the taxation in question comes into opera- tion no difference of opinion may exist on the subject. By the terms made use of in the letter I have quoted, it seems clear to me that it is intended the prohibition I had placed on their levying certain duties on goods conveyed inland to Pietermaritzburg should be removed ; not that the farmers be allowed to establish an office at Natal, and demand duties on all goods landed there, whether for consumption of its residents or of those elsewhere located. On this subject, your instructions to Mr. Cloete seem equally conclusive ; for it is therein stated that the Commandant will be instructed not to interfere with the emigrants should they see fit, for carrying on their temporary government, to impose duties upon goods landed at Natal and carried into the interior. I think, therefore, after an attentive consideration of both the documents referred to, that I am justified in assuming your permission to extend no further than the levying of a duty on goods proceeding inland, in the words, that in the event of the farmers again rt>ortiiiir in tin- levying of duties on goods proceeding to Pietermaritzburg, and which I had prohibited, the prohibition should be enforced no longer. Having written to Mr. Cloete, to express the views I entertained on the subject, that gentleman informs me he has communicated ANXALS OF XATAL. igr them to you, together with his reasons for dissenting 1 , adding a wish At the same time, that I should transmit to you any further opinions 1 may have formed on the matter, "being anxious to have the point clearly settled," a desire in which we mutually concur. What I wrote to him was merely a hurried sketch of my chief -objections to another course being pursued than that which I con- ceived your letter indicated ; and much, I think, might still be urged in support of what I have there stated. That the levying of custom dues by the emigrants at this port will lead to many vexatious and unforeseen difficulties, I believe; and as they have no functionary here at present, it appears to me inex- pedient (at least until something like order be obtained) that they should levj- a rate at Natal for the support of their government at Pietermaritzburg. Mr. Cloete observes to me that his insuperable objection to my view is that he cannot possibly distinguish the port from the territory of Natal. I wish to make no such distinction ; but I can clearlv understand the difference between a general duty on goods imported :and an assessment of a mere local character. The right that bodies coi-porate possess of local taxation (and which it may be convenient the emigrants should enjoy) is delegated to them by the Government for the support of their institutions, since without it neither pros- perity nor order could exist. But the duties levied at a port on goods, ih June. 1 SIR, I have the honour to acknowledge the receipt of your letter of yesterday's date ; and beg to thank yon for the ready and, in so far, satisfactory manner in which nay letter has been answered. As the circumstance, however, communicate 1 to yon for the informa- tion of the Commissie Baad does not by any means rest on bai-e rumours, but. as I am told, is contained in an official letter addressed to the Rev. Mr. Lindley, I deem it my duty to request you will submit this communication to the Commissie Baad, with my wish that they will be pleased to enquii-e into the fact whether such a meeting of armed persons, unsanctioned by the Raad, is really about to take place at or near the Draakberg. as such a proceeding cannot help producing the most fatal consequences to all those who may engage therein, as well as to the community generally. I have, etc., (Signed) H. CLOKTK. H.M. Commissioner. J. BODENSTELN T TO THE HOX. H. CLOETE. Pietermaritzburg, 1st July, 1S4:!. SIR, Yonrs of the 26th and 28th ultimo I had the honour to lay before the Commissie Baad yesterday, and they approved of the answer which I gave you on the 27th. The Baad having summoned the Commandant Budolph before them, and having asked him whether he is aware of anything regarding the purposed commando, the commandant replied that 1 it- had no knowledge of such a commando, but that he should wish. considering the present conduct of the Kafirs, that some armed persons would arrive, and that it is not improbable that the people behind the Draakberg have become acquainted with our dangerous situation, and are desirous of coming to our relief in time. I have the honour, Ac.. (Signed) J. BODEXSTKIN. THE HOX. H. CLOETE TO MR, J. BODEXSTEIX. Pietermaritzburg, 3rd July, Sn;, I have the honour to acknowledge the receipt of your letter of the 1st instant, and have to express my thanks to the Com- missie Baad for the ready manner in which they have given up AXXALS OF NATAL. 2OI the packets of letters addressed to Messrs. 'Shaw, Ayliffe, and Shepstone. With regard to the declaration of the Commandant Rudolph, con- tained in your second letter, I cannot but express my surprise supposing the rumours of the massacring and expulsion by Panda of a number of his subjects were proved to be well founded that any person of judgment or good sense should expect any danger from the "wretched fugitives who may come to seek shelter here within our boundaries. These persons do not appear to me in any way as objects of fear or inquietude to the community ; and I hope and trust that the Commissie Raad will not be led astray by such declarations to take any steps without previously communicating them to me. I have, &c., (Signed) H. CLOKTE, H.M. Commissioner. LETTER FROM HER MAJESTY'S COMMISSIONER TO THE NATAL TERRITORY. THE Hox. H. CLOETE TO THE HON. J. MONTAGU, SECRETARY TO GOVERNMENT. Pietermaritzbnrg, 4th July, 1843. SIR, The time having now expired which I had publicly announced I would here remain for the purpose of receiving all claims for town lands, I propose leaving this day for Port Natal (where arrangements have been made for my reception), as I have publicly notified that I shall attend there during the present month, in order to receive and examine into all claims for lands situated at the Bay and to the eastward as far as the banks of the " Tongala " (or Tugala), this being considered (along the coast) the eastern boundary of the territory of Natal. The result of my public notice at this place has been precisely what I anticipated and expressed to His Excellency in my former despatch. The dogged obstinacy with which the residents here seem determined to reject the advantages held out to them by His Excel- lency's proclamation's clearly evidenced by their declining to report those lands at this place, although there is hardly a doubt that they 2O2 AN.VALS OF \AT.\r,. will be declared to be entitled to the greatest part thereof under the proclamation. Of four hundred and fifty erven Cor building lots) of which tin- town consists, and the greater part of which have been built upon, cultivated, or otherwise occupied, only one hundred and twenty have been reported, and by far the greater number of these belong to British, German, and other foreign residents; so that it becomes- absolutely necessary, in order to complete my labours here, that I should be furnished with the power of declaring in my subsequent notice that, after another appeal, the parties failing to avail them- selves thei-eof , shall forfeit all claims to their lands, whether occupied or not, and that the Crown will resume them at pleasure. Without such a declaration, I do not see the prospect of proceeding in my further duties at this place, or at any other to the northward. I have in the meanwhile availed myself of the opportunity afforded me, by the visits of various persons, to obtain every possible information as to the extent of the territory I shall have to visit, and the character and nature of its institutions ; and as I conceive it to be important that His Excellency should be in possession of this at an early stage of my mission here, so as to guide His Exeel- lency in any further instructions I may have to carry out, I shall take the liberty of now submitting for His Excellency's considera- tion the substance of the intelligence I have thus obtained on these important topics. The first object of my enquiries was to ascertain the extent of territory occupied de facto by the emigrant farmers, and how far the Volksruail was aeknowledged by the whole or any part of them. On the first part, I have ascertained satisfactorily that when the Volks- raad as now constituted was first established here, in the middle uf the year 1838, they considered themselves as of right entitled to occupy and recognise, as belonging to the emigrant farmers, the extent of territory as conceded to them by the Zulu chief Dingaan. and as described in a document said to be signed by the chief and some of his counsellors, and found amonu 1 the dead bodies of the unfortu- nate P. Retief and others who were butchered on the 6th February, 1838. It is somewhat singular that this document, which I have seen in original, should have been written in English (as I am informed) by the Kev. F. Owen, a missionary of the Church of Eng- land, at the time residing with Dingaan. and who appears to have acted both as interpreter and amanuensis on the occasion. An authentic copy of that document is hereunto annexed; and from all AXXALS OF NATAL. 203, tlie enquiries I have made, from the respectable character of the witnesses who found and attested the document, from the supersti- tious feeling which seems to prevail among the Zulus not to touch anything belonging to the dead, and more particularly from the language in which that document has been written, there can exist no doubt as to the authenticity thereof. Under this grant, the emigrant farmers took possession immediately of the territory bounded by the Quathlamba Moon tain range (called by the emigrants the Draakberg, or Dragon Mountains) to the northward, by the Tongala (or Tugala) to the eastward, and the Umzimvooboo to the Avestward. This territory forms nearly a parallelogram, extending from the 29th to the 31st degree of east longitude, and comprising an area of about 35,000 square miles, intersected by numberless rivers,, and presenting (from the little I have yet seen) the most picturesque and fertile tract of land on the face of the globe. The emigrant farmers soon appropriated to themselves the most fertile spots throughout this tract of country, and a regulation Avas introduced to the effect that the early settlers (in consideration of the losses they had sustained and the dangers they had encountered) should receive gratuitously two farms wherever they would fix upon them, and one erf either at Pietermaritzburg or the Bay. They seem first to haA'e confined themselves to the land on the right bank of the Tugala and the left bank of the Umzimcooloe, but they soon took farms beyond these limits (as far as noting them in a book kept by the Volksraad gave a party a semblance of claim), but from the unsettled state of the country, and the fear of attack from the Zulus and other native tribes, 1 do not believe that any of these have been occupied during the last tAvelve months. Independent, however, of this tract of country possessed by them under the grant from Dingaan, the emigrant farmers were already before and are still virtually in the possession of, or occupy- ing all the country to the eastward of the 27th up to the 30th degree- of longitude, and between the 28th and 30th degree of latitude. They appear afterwards to have advanced further northward, up to- the 25th degi-ee of latitude, where, at a station called Zontpansneck (so named from some remarkable salt lakes which are there found), they have now assembled in considerable numbers. Of all these- parties settled to the northward of the Draakberg range, there are, however, only two districts Avho acknoAvledge any political connection with the Volksraad at Pietermaritzburg. These stations are called the " Wiiidburg " and Potchefstroom. and are situated (as near as I 204 AXXALS OF XATAL. can ascertain) to the southward of the 28th degree of latitude. They, however, do not acknowledge the authority of the Volksraad io legislate over or direct them, except in such cases in which they themselves send some of their members to Pietermaritzburg. These two districts have formed among themselves a council, called by them an " Adjunct Raad," which send down members here whenever they wish to join in any movement or act of the Volksraad ; but otherwise they do not consider themselves as of necessity bound to follow up or join in any measures adopted by the Volksraad. There thus exists an ill-defined species of federal union between them, which may be called in by the weaker power on the northern dis- tricts, but dependent only on the volition of that weaker State. All the other emigrant farmers extend from the borders of the colony, where Mocke and Greyling are the principal chiefs, to the Zout- pansberg, near the 25th degree of southern latitude, and are divided into numberless parties or clans, who do not recognise the Volksraad or Adjunct Raad, nor any government whatever. They have ap- pointed from among themselves certain fieldcornets as their chiefs, to lead them in any case of hostile aggression or warfare ; but they have otherwise retrograded to an entirely patriarchal government, which appears most consistent with the pastoi-al or nomad life which the}* are leading. There are no less than fourteen of these so consti- tuted fieldcornets, who can (as 1 am informed) muster 2,500 men capable of bearing arms. This would suppose a population of at least 10,000 persons thus wandering through the deserts of South- East Africa, and to follow these tribes " through wilds immeasurably spread which lengthen as you go," or to attempt to conquer the "unconquerable will " of those who are determined not to submit to British rule, will become a matter of almost physical impossibility ; while the chance of ever bringing such persons, and with such habits, under a settled government or the British supremacy, appears to me almost i in practicable : and certainly would not produce any advantages commensurate with the vast expenditure which a great military force and strong civil power would necessarily entail. The only point for consideration then remaining appears to be in how far it will be desirable to consider and take in that part of the territory to the northward of the Draaksberg which is governed by the Adjunct Raad, and which to a cei'tain extent is connected with the Volksraad here, and is at least under some shape of govern- ment. I shall take the liberty of submitting here the various grounds A.VXALS OF NATAL. 205 and arguments wliich seem to favour, and also those which appear to- militate against, such an extension of territory. In favour of the assumption of that territory it has been repre- sented to me Firstly. That those tracts of country were found by the emigrant farmers to be completely uninhabited, the small native tribes who originally lived therein having been annihilated by Masilikatse on the one side, and by Chaka and Dingaan on the other. Secondly. It is assumed that it forms the most healthy part of the country or territory of Natal for cattle, the northern side of the Draaksberg being a high table land, which, although not so well watered as the southern slope, affords the best sheep walks in the whole country. Thirdly. Many respectable emigrants residing in and near tins have their cattle farms in those districts, and maintain that they ought to be equally entitled to the possession of those farms which they have boiiafide occupied during the last twelve months, as to those upon which they are residing in the vicinity of this place. Fourthly. It may be alleged that the proximity of a large body of emigrant farmers on the northern slopes of the Draaksberg in a state of independence, or under some shape of republican govern- ment, will always strongly tend to unsettle the population within this colony, will afford a ready receptacle for every outcast of society here, and create an everlasting source of disaffection and irritation between the two countries. On the other hand, the following reasons strongly militate against the adoption of those districts: Firstly : From the tenor of Lord Stanley's despatch, it would clearly appeal- that the extension of territory is by no means an object of Her Majesty's Government, and that, therefore, with a view to an inexpensive civil government here, and the necessity of affording adequate military protection to the inhabitants, it appears undesirable to assert British supremacy further than where it can reasonably be expected to ensure that protection. Secondly. The Quathlamba or Draaksberg Mountains, running- due west, and being from 3,000 to 4,000 feet in height, and for many months covered with snow, present an almost impassable barrier throughout the whole of the northern boundary of this district ; only two passes have yet been explored by which wagons can pass to the northward, and these are exceedingly steep, long, and perilous, so that, by keeping up small military detachments at these passes, all V 2O6 AXXALS OF NATAL. intercourse with the interior may be effectually checked, or s > regulated as to prevent any aggression or collision. Thirdly. With a hu-ge mass of the pi-esent emigrant farmers decidedly averse to all British rule or government, it appears to mo to be impossible to fix any definite natural or physical boundary beyond the Draaksberg range. From all the information I have been able hitherto to collect, I understand that to the northward of the Draaksberg, up to the :2.">th degree of latitude, the whole aspect of the country presents one con- tinued expanse of plains or gently undulating hills, without any marked natural limits. To form an ideal boundary of territory in the midst of such a population, and in such a country, and where two strong principles are opposed to each other, would appear to me to lay the foundation of never-ending bickerings and excitement. which it will require a strong military and expensive civil power to control. The sooner, then, a natural impediment is interposed the sooner those hostile feelings will subside ; and I do not think I shall be found wrong in anticipating a time when those beyond the Draaks- berg, after being a prey to anarchy and division, will voluntarily present themselves and solicit to be received under the protection of a settled Government, which is only desirous to confer upon them benefits which they appear at present neither to understand nor to appreciate. Fourthly. It is to be observed that the two districts beyond the Draaksberg are not included in the submission of July, 1842 ; that none of their Volksraad subscribed to that submission ; and that, although some of their people joined in arms against Her Majestv's troops, and were headed by some of their Raad, that these fled beyond the mountains immediately after the capture of the port and relief of Major Smith ; so that, although they may be considered as rebels who were in arms against Her Majesty, it is questionable whether they are of right entitled to those privileges which ai-e onlv held out as dependent on an unqualified submission to Her Majesty's authority. In short, with au unruly population to the northward, the Zul us to the eastward, and the Amapondas to the west, I can- not but think that the settlement of Port Natal, with its boundaries as defined by the grant of Dingaan, will be as extensive as Her Majesty's (lovernmeut can possibly desire to occupy for years to come. Having thus unreservedly submitted every argument that has ANNALS Ub' NATAL. 2O7 presented itself to my mind, both for and against an extension of territory here, His Excellency will readily infer that I am no advocate ior extending those linvts beyond the Draaksberg. All these argu- ments are, however, founded on information and data collected from various quarters, which I feel will have still to be subjected to the test of personal investigation, and I only submit them thus early in order to enable His Excellency to come to a decision whether I shall be instructed to extend my enquiries upon lands beyond the Draaks- berg, and if so, how wide a range I shall have to take in this investi- gation. My next object of enquiry here was to ascertain the nature and character of the political institutions under which this country has hitherto been governed. On this subject I have ascertained that, immediately after Relief's death (who appears to have been constituted as a permanent governor) the people have determined to establish a government of a still more popular and democratic nature than before. By circulars issued at the end of each year, the tieldcornets were desired to send in lists, signed by persons in their respective wards, setting forth the names of those whom the subscribers submitted as candidates for the Volksraad. From among these, twenty-four persons having the highest number of votes were chosen to officiate during the year. Their office is entirely honorary, and no chief or president is acknowledged ; but at each sitting some one of the members present is merely called to the chair. Their regular sittings are fixed quarterly, on the first Mondays of January, April, July, and October, and twelve members when assembled form a quorum. Their power seems quite unlimited for all political and legislative functions. They assume the power of granting lands, imposing duties, making treaties with the neighbouring tribes, making all the appointments of land- drosts, fieldcomets, &c., and no sentence of death can be carried into effect without its sanction. From such a mode of appointment it is evident that any aspirant for the honour of being member of the Volksraad could readily find some subscribers to recommend him ; and, in times of quiet, even here, persons were found in numbers ambitious enough of that honour. During the last yeai . however, few have ambiated that office ; and although three or four persons have been brought in (as I am informed) by the single vote of one individual and some of those are actually in office are so nearly related as to be disqualified from holding office together. The following sixteen (and not seven- 2O8 ANNALS OF NATAL. teen, as I stated in one of my former despatches) have accepted office. Their names are : For Pietermaritzburg and Port Xatal : Messrs. Stephanas Maritz, Poortman, Paul Zietsman, Evert Potgieter, Mar- thinus Johs. Potgieter, Hendrik van den Berg, Willem van Aardt, Lucas Meyer, Philip Nel, Piet J. Human, Christian Botman, Paul Naude. For the District of Weenen, on this side of the Draaks- berg : Messrs. Frans Joubert, Andries Spies, Christoffel Lugman, Jan Davel. The following persons Messrs. J. N. Boshoff, Pt. Otto, Ands. Pretorius, and Grert Wium were also elected, but have hitherto declined to act in any way in the Volksraad, and have not been sworn in. With the exception of the three first-named in the above list, the other members are farmers, extremely illiterate, and totally unacquainted with the first duties which they have thus taken upon themselves. At every meeting of the Volksraad (which is held with open doors), if any measure is to be adopted, a collection from the public, as it is called, takes place to carry the same ; and with such a pressui'e from without there is hardly anything proposed which is not immediately adopted by persons individually irresponsible, and who fall back immediately in the crowd which has called for such measures : and to meet the inconvenience of the Volksraad meeting but once quarterly, they have appointed a " Commissie Raad " (or a standing committee of the Council), consisting of the members who reside in and about this town. These are empowered to meet and pass any order or resolution on matters requiring immediate despatch, reporting their proceedings at the next meeting of the Volksraad, who have the power to confirm or cancel the measures adopted by the committee. From the very nature of the cases brought before the committee, it is clear that their orders given to meet certain exigencies would (generally speaking) be irreparable, so that the reversion of their orders by the full Court or Raad is almost nuga- tory ; and the Commissie Raad might thus be, and in many instances have been, able to carry any measures they may think proper. Upon my arrival they adjourned the ordinary meeting of the Volksraad to the first Monday (and not, as stated in my former letter, the first) of August next, and they have thus left the public un- gnided and unsettled during all this time, and have encouraged them in their system of passive resistance to the duties I have to perform, and I am left entirely ignorant what steps they intend to pursue when they next meet. I have fully explained to those whom I had the opportunity of seeing, the objects of Her Majesty's Government, ANXALS OF NATAL. 209 and the plain and obvious duties which are now required of them. I hope I have succeeded with some in pointing out the folly of their expecting even a reply to their offer of submission to the King of Holland, as some designing knaves had fully impressed them with a belief that such a communica;ion had come by the " Brazilia," and was now withheld from them ; and the violence of the excitement which prevailed in consequence at my arrival having now somewhat subsided, I would fain hope that the proceedings on the first 'Monday of August will be marked by a return to good sense and temper. There is, however, still an apprehension that parties from this and the other side of the Draaksberg will pour in here, and by their pressure get the Volksraad to pass certain resolutions in opposition to Her Majesty's Government and authority. I was further informed, in the beginning of last week, that the Rev. Mr. Lindley (who had left this a few days after my arrival, on a tour to the most remote emigi-ants) had returned in consequence of some commando having been called out by the Landdrost Ver- meulen, at the northern side of the Draaksberg. I felt it my duty thereupon to address the committee of the Council on the subject, and the accompanying letters will show that the committee disavow all knowledge of such a movement, although the evasive explanation of the Commandant Rudolph, as set forth in the letter of the Volks- raad of the 1st instant, seems not indistinctly to intimate that his tour (which he is known to have made to the northward the day after my arrival here) was not without some object. I feel, however, confident that a small military force if it could possibly reach this before the time of the meeting of the Volksraad would materially tend to prevent the possibility of any act of violence being committed (which the loyal and well-affected still apprehend), and will at once establish the supremacy of Her Majesty's Government, then no longer to be shaken or impaired by any party here. Since I had the honour of addressing you my last despatch, reports have reached this from various quarters, to the effect that the Zulu chief Panda had driven away his mother, murdered his own brother Xluxlu, and that several of his captains, with their followers, had sought refuge within the limits of this territory. From the tenor of the accompanying correspondence which I have had with the Commissie Raad, His Excellency will perceive that their commandant, Gert Rudolph, seems anxious to make this a plea for calling out an armed force, or commando ; and I have 2 j 2IO ANNALS OF NATAL. endeavoured (as far as lies in my power) to check such an attempt. Considering, however, the very great number of these fugitives which have already gathered themselves within this country, and are wandering about, or are settling themselves down wherever they list, the great insecurity of life and property generally, and the character of the countiy, I beg leave to express it as my opinion that a force of at least six hundred men (one-third of which to consist of cavalry) should be immediately kept up for the protection and safety of the peaceable and well-disposed inhabitants. I have, th instant, acquainting you that 1 had despatched a reinforcement to Major Smith for the purpose of enabling him to advance to Pieter- maritzburg such a force as would effectually repress all tendency to ANNALS OF NATAL. 235 riot and disturbance in that quarter, and efficiently protect Her Majesty's dutiful and loyal subjects from violence and outrage, I have now the honour to transmit copies of various communications which I received yesterday by Her Majesty's steamer " Thunder- bolt," conveying intelligence of the movements of the emigrants up to the 22nd of this month. From these reports, your Lordship will perceive that there now appears little hopes of the great body of the emigrants at Pieter- maritzburg accepting the liberal and advantageous terms which I was empowered on the part of Her Majesty to offer to them, a result I acknowledge I was far from anticipating, and which has surprised and grieved every well-thinking man in this colony, and more parti- cularly their own countrymen. Your Lordship will learn from Mr. Cloete's letter of the 4th July that he is in hopes " that the proceedings on the first Monday of August will be marked by a return to good sense and temper," although there is an " apprehension that parties from this and the other side of the Draaksberg Avill pour in, and by their pressure get the Yolksraad to pass certain resolutions in opposition to Her Majesty's Government and authority," and he feels confident that a small military force "would materially tend to prevent the possi- bility of any act of violence, which the loyal and well-affected still apprehend, and will at once establish the supremacy of Her Majesty's- Government." To Avhat extent this would be the case it is impossible to say ; but I confess I am not able to draw, from their bygone proceedings, any such favourable conclusion ; for, although Mr. Cloete thinks he ''has succeeded with a few in pointing out their folly," still ''the great majority continued doggedly determined to shun all intercourse with him ; " and in a subsequent letter of the 10th, he remarks that ' it is really not just towards the people in general to expect that. Avitli their habits and their avowed feelings of disaffection, I could establish that (Her Majesty's) authority without such a support." I am rather inclined to agree with Major Smith " that there is. every probability of some rebellious outbreak taking place before they separate," and as there are not the means of marching into a hostile country so large a force of infantry and cavalry as are required, your Lordship will be prepared for the failure of Mr. Gloete's mission, by the rejection on the part of the great body of the emigrants of the benevolent and conciliatory intentions of Her Majesty. 236 AXXALS OF XATAL. Should his mission, however, fail, I shall not regret having sent to them a Commissioner for whose appointment they had themselves applied, or having offered to them terms which no reasonable men ought to have rejected ; for, by such rebellious and obstinate proceed- ings, they will clearly show that it is rancorous hatred of the British Government, and not any real or imaginary grievances which have led them to adhere to a line of conduct which their own friends deprecate and deplore. It is perhaps to be regretted that Mr. Cloete had not apprised the Commandant of his intention to apply for a party of troops being advanced to Pietermaritzburg, as Major Smith would by the same opportunity have stated the objections he entertains to move to that place which are detailed in his letter of the 8th, and with reference to which he informs me on the 22nd that nothing has since occurred " inclining him to the adoption of a different opinion," as " on the loyalty of the people little dependence is to be placed." The reasons which he has assigned are so perfectly satisfactory, that I have no hesitation in saying that he has exercised a sound discretion in awaiting further instructions ; but the reinforcement is well-timed, as he will now be enabled to keep the port of Natal and the adjacent ground against any force which an enemy without dis- cipline or artillery can bring against him. I have requested Rear-Admiral Percy to send the " Thunder- bolt " back to Natal as soon as she has undergone some slight repairs ; and on her return I shall be enabled to report to your Lordship the result of the meeting of the 7th of August, at which I hope Her Majesty's Commissioner will not attend, unless the feelings of the people towards the Government have in some measure improved. When possessed of the necessary information in this respect, I shall enter into the whole subject, under its altered circumstances and very unsatisfactory aspect. I have the honour, &c., (Signed) GEORGE NAPIER. BEAR-ADMIEAL THE HON. J. PERCY To THE HONOURABLE SIDNEY HERBKKT, M.P., &c., ADMIRALTY. " Winchester," Simon's Bay, 30th July, 1843. SIK, Her Majesty's steam vessel "Thunderbolt" returned to the Bay from Port Natal on the 28th instant, having arrived there and safely disembarked her troops and artillery on the 21st, and left ANNALS OF NATAL. 2 37 again on the following day, at the request of the authorities, with despatches for the Governor. Commander Broke reports that everything was apparently quiet at Natal when he sailed, and that neither the Commissioner nor the Commandant of the troops apprehended any serious conse- quences from a meeting of the Boers which was convened for the- first week in August ; at the same time, to enable our troops to- advance upon Pietermaritzburg, they considered that a further- reiuforcement of 200 men and a body of cavalry was absolutelv necessary to do so. The Governor, however, informs me that the despatches received from Mr. Cloete and Major Smith are anything but satisfactory ; and he has therefore requested that the "Thunderbolt" may return imme- diately to Xatal with his answers, and to take a few more of the 45th Regiment to complete the two companies there to 200 men. She will consequently leave this place for that destination on the 3rd of August. It appears that " Mocke " had arrived near Maritzburg with 400 armed Boers, and that (although probably exaggerated) " Rudolph " was daily expected with 1,500 of these people, which circum- stance, His Excellency states, has so altered the state of affairs at Natal as to render it hazardous to leave the port, Major Smith requiring at least 500 men to move on Maritzburg ; but as the position of our troops at the camp at Natal is now so much strengthened,, there is veiy little probability of any attack being made on the settlement by the Boers. I have the honour, &c., (Signed) J. PERCY. LETTER TO THE HON. H. CLOETE. FROM G. J. RUDOLPH, COMMANDANT, PIETERMARITZBURG, J. W. L. KOCK,. COMMANDANT, F. G. MOCKE, COMMANDANT, AND 19 OTHERS. Pietermaritzburg, 30th July, 1843. SIR, We, the undersigned, Commandants of the Emigrants,, have seen a Proclamation wherein His Excellency the Governor, G. Napier, has empowered Major Smith to march with troops to Pieter- maritzbnrg, in order to maintain peace and tranquillity ; and as we have now arrived, in pursuance of a summons, to hear what you have to say to us on the first Monday in August, we have to request, in the name and by desire of the public, that you will come unaccompanied by troops, in order to avoid unnecessary collision or unpleasantness.. and that yon may do so in safety we personally pledge ourselves. 238 AXXALS Of NATAL. MAJOR SMITH TO SIR GEORGE NAPIER. Port Natal, 30th July, 181:5. SIR, * * The latest intelligence I have obtained describes Pietermaritzburg as being in a state of utter disorganisation. My inf'ormant, Mr. Coqui, came to Natal on 28th instant, with his family, being afraid to remain there, so violent are the people against all whom they suppose friendly to British interests. The chiefs. Pot- gieter, Mocke, Schultz, and Erasmus, were at Blok-hans,* one day's ride from Pietermaritzburg, with their people. The amount of this force was variously estimated, but thought to be considerable. In a recent letter, I alluded to the mischief caused by letters being written to Boers from the colony, exciting them to resistance. These, Mr. Coqni stated, are frequently received; one Vermenlen being active in this treasonable correspondence. A letter from Hol- land, he added, came by the " Thunderbolt," to whom addressed he knows not. In it the writer expressed his surprise that his country- men should have submitted to British authority. On the day the proclamation reached Pietermaritzburg the remainder of the powder was distributed. I fear if energetic mea- -sures are not taken to put down the rebellion it will lead to disaffec- tion in the colony, where these misguided people have many friends. I have the honour, dec., (Signed) J. C. SMITH, Major. MAJOR SMITH TO SIR GEORGE NAPIER. Port Natal, 31st July, 184:). SIR, I take the opportunity of adding a few notes to the letter I had the honour to address to your Excellency yesterday, the I mut about to put off to the " Louisa " waiting for the purpose. 1 should have mentioned that it is the intention of the Boers to prohibit communication between Natal and Pietermaritzburg ; and ii is thought they have already done this, no arrivals having lately reached the port. Mr. Lindley has sent his family down, but intends to remain as loiiL r as he safely can at Pietermaritzburg. Means of transport I find it exceedingly difficult to procure, and * (?) Blaauw-Krantz. AXXALS OF XATAL. 239 think that twenty wagons will be the utmost available if, indeed, so many can be had ; for leaders and drivers are unwilling to hire themselves, being afraid of the consequences. Horses cannot be had for purchase (save two or three) ; but, fortunately, a few unclaimed ones remaining with the troops enabled me to horse the second gun. I shall make every exertion to complete the necessary arrange- ments. I have the honour, &c., (Signed) J. C. SMITH, Major. XATAL. THE " BRAZILIA." LEGISLATIVE Corxcir,, CAPK Towx, 31 ST JULY, 1843. The GOVERNOR said: Before entering on the business of the clav. I wish to state, in consequence of various rumours which I under- stand are prevalent abroad with reference to the stoppage and send- ing back the Dutch vessel, the " Brazilia," that in the first place Major Smith has my fall approval of what he has done in not allow- inir the Dutch clergyman and schoolmaster to land under the circum- stances stated in the extracts from his despatches which I shall now read to this Council ; and, further, that according to his orders Major Smith could allow no ship to land cargo at Natal until that ship had first touched at one of the ports of the colony and obtained pel-mis- sion from the Customs to trade. These extracts will make the Council fully aware of what Major Smith did ; and I repeat that his conduct throughout has my entire approval. In a letter dated Port Xatal, May 10th, 1843, addressed to myself, Major Smith writes tlms : " I have the honour to acquaint your Excellency that a large schooner, under Dutch colours, anchored in the outer bay on the morning of the 8th instant. On being boarded by Lieutenant Xourse, she proved to be the 4i Brazilia/' Captain Reus, who, accompanied by the supercargo (Smellekamp), came on shore with the papers of the vessel. Those which appeared to me authentic were the trading licence from the Dutch Government, a bill of health, and a muster roll of the crew, with printed instructions. By the former (a docu- ment on parchment, with the arms of Holland), it appears that he cleared out from Rotterdam for the Mauritius on 8th February in the present year, there being no allusion to this place whatever, except in the heading of the manifest, which stated that she was to 240 ANNALS OF XATAL. trade on the Eastern Coast of Africa. But although this paper dated at Rotterdam, it bore no other signature than that of Smelle- kamp, the supercargo, and was, therefore, of but little authority. * * * * Four passengers were on board, viz., a clergyman and his wife, a schoolmaster, and an assistant trader ; the latter having accompanied Smellekamp to aid him in carrying on the busi- ness they proposed. * * * * Seiiding, therefore, for Cap- tain Reus and the supercargo, I told the former that 1 could not permit him to land goods at Natal unless cleared out from a port in the colony ; neither could I allow his passengers to come on shore unless the authority of the Colonial Government was first obtained. * * * * T ne names of the passengers were as follows (and I think it right to add that their passports were made out for Eng- land, and bore no reference to this place whatever) : P. X. Ham, minister ; A. H. Nebbing, wife ; L. Mai-liman, schoolmaster ; P. S. A. Kervel, assistant to merchant." The GOVERNOR added: It will be seen from the extracts which have now been read that these persons, having obtained passports from their own Government to go to England, got into a ship under a manifest to go to Mauritius, and then came to Port Xatal, facts which, I think, fully bear out Major Smith in everything he did. THE HOX. H. CLOETE TO THE HON. J. MONTAGU. Port Natal, 31st July, 184:!. SIR, The time expired on the 29th instant which I had publicly notified for preferring, before me, claims to land at this place and to the eastward, towards the Tugela. These claims have been most readily brought in (I believe) by the whole of the occupiers of lands within that range ; and my only difficulties have consisted in having to decide among the many con- flicting interests which were brought forward in respect of the claim made by each party. The decisions which I have come to, subject to Her Majesty's approval, will be fully set forth in the report on the subject of these claims, which [ am at present preparing, but which I cannot complete without reference to certain documents con- nected with the sales of the building lots at this place, of which I can only obtain inspection at Pietermaritzburg. I shall not fail to forward that report the moment it is completed. It now becomes my painful duty to represent to His Excellency AXN'ALS OF KATAL. 2 4 I that the hope which I had fondly cherished of effecting a peaceable and satisfactory settlement of affairs here, in the very spirit of Her Majesty's benevolent views, and which, in my letters of the 10th, 19th, and 20th of June last to His Excellency, I so confidently expressed my opinion of being able to effect, if I could be supported by the presence of a detachment of troops at Pietermaritzburg, and by the moral influence of a proclamation of His Excellency, setting forth the object of 'such an advance, is for ever annihilated by the unexpected determination which Major Smith has announced to me, in a letter of the 26th instant, " that he would not make any move- ment of troops upon Pietermaritzburg until the return of H.M.'s steamer ' Thunderbolt.' This determination has so entirely destroyed every prospect I had entertained of restoring this country to a state of peace and good order, and will have such influence on the proceedings which will take place during the next month, that I feel it my duty to enter into a full detail of every circumstance connected with my application for this support, and the plea under which it has been withheld. Soon after my return from Pietermaritzbnrg (from Avhere I had regularly kept Major Smith acquainted with everything that there took place), I availed myself of a visit he paid me unreservedly to lay before him everything I had written to His Excellency and your- self touching the extreme importance of marching a body of troops up to Pietermaritzburg, to be there before the approaching meeting of the Volksraad. I detailed to him at great length the extraor- dinary character of the excitement I had to contend with at that place ; I assured him that I had ultimately succeeded in allaying the ferment which had existed there, that the loyal and well-affected were now disposed to express their sentiments, and that my only fear was that a violent and lawless party from the other side of the Draaksberg might, by threats of violence, drive these persons from their post during the approaching meeting ; and that I therefore looked with intense anxiety to the mode which His Excellency would adopt, and the time he would require, to enable me fully to carry this great object into operation. After perusing the whole corre- spondence, Major Smith not only expressed his entire concm-rence with everything I had written, but added that many sentences almost contained the very opinions he had expressed to His Excellency, and that he also conceived that the time would soon come to fix the head- quarters at Pietermaritzburg. 2 r, 242 ANNALS OF NATAL. Having thus fully acquainted Major Smith with every opinion I had expressed, having dwelt particularly, and at great length, upon the extreme importance of making this movement, one of pro- tection to the loyal and well-affected, and not of military attack, and gratified beyond measure by the arrival of H.M.'s steamer " Thunder- bolt " at the readiness and despatch with which His Excellency had strengthened the detachment here, and had afforded me the power- ful aid of the proclamation of the 14th of July instant, I addressed a letter to Major Smith on the 22nd instant, in conformity with my instructions, requesting him to afford me that assistance which His Excellency's proclamation had announced, and that he was now empowered to render, and thus to co-operate with me in the manner set forth in that proclamation : to repress all tendency to riot an< I disturbance at Pietermaritzburg, to protect Her Majesty's loyal sub- jects thus, and thus to establish peace and good order throughout the country. Shortly after I had sent off this letter, I was favoured with a call from Major Smith, and the substance of our discussion on that occasion is fully set forth in my letter to that officer of the 22nd instant, as I thought it right to submit to him the substance of our interview, so as to enable him to give His Excellency any explana- tion he may think proper to offer ; I shall, therefore, merely add, that the difficulties which he represented to me were as follows : First. The distance from Pietermaritzburg being seventy miles ! To this I replied that I concluded His Excellency was fully aware of that distance. Second. The fear of getting and keeping up his supplies. To this I replied that, with the exception of one dry bed of a river thickly beset with mimosa and jungle, called the " Uys Dooms," situated about six miles from Pietermaritzburg, the road was per- fectly clear and open ; and that from the loyal and well-disposed character of every individual on that road, I was sure he would receive every support and assistance, instead of dreading any attack or surprise. Third. He thought his force insufficient. To this I replied that if he conceived the number of two hundred men, as requested by me. to be insufficient, he might easily (with H.M.'s steamer " Thunder- bolt " and the " Fawn " lying here to protect the Point, and having fully five hundred men under his command,) increase the force to three hundred or even four hundred men, without the slightest risk or danger at Port Xatal. AXKALS OF NATAL. 2 43 Fourth. He required additional cavalry, to keep up his com- munication and pursue the farmers if required. To this, again, I replied that (admitting the value of this arm for the security of the country) I had also expressed to His Excellency the importance of getting such an accession of force, with reference to the general state of the country, but that this was not the immediate object of this movement : that its object was fully set forth in His Excellency's proclamation, to which I referred at length as explaining that object, which was only " to repress all tendency to riot and disturbance in that quarter (i.e.. Pietermaritzburg), and efficiently to protect Her Majesty's dutiful and loyal subjects from violence and outrage." To this Major Smith only replied by indulging in various criticisms on His Excellency's proclamation, stating that he considered the procla- mation as injudicious, and that he regretted its promulgation. When we had i-eached thus far in discussing the merits of the difficulties he had started. Captain Broke, of H.M.'s steamer " Thun- derbolt." called, who, upon hearing these difficulties repeated before him. at once expressed his readiness to return to Simon's Bay the same afternoon and lay them before His Excellency, to which I stated I could have no objection ; but I begged Major Smith distinctly to understand that I did so in the full reliance that the arrangements would continue to be made to effect this movement, as the " Thunder- bolt " was sure to be here again during the advance of the detach- ment. In the confident anticipation of such a movement, I addressed you my letters of the 22nd and 25th instant ; but not receiving a formal answer from Major Smith to my letter of the 22nd, nor even to a note of the 24th. in which I had alluded to our advance, I con- tinued in the fullest assurance that every arrangement was making to march the troops about the same time that I would conclude my labours here; and as I was extremely anxious to arrive at Pietermaritz- burg, if possible, together with the troops, in order there to explain His Excellency's proclamation, I addressed Major Smith a note on the 25th instant, requesting him to inform me of his movement, when the laconic reply of the same date informed me, " that the period of any movement of troops must depend on the return of H.M.'s steamer ' Thunderbolt ' and the tenor of His Excellency's despatches." My surprise and regret at this extraordinary announcement are so fully set forth in the answer which I immediately sent thereto. that I shall merely observe that I endeavoured by that letter still to urge every argument, short of entreaty, to induce Major Smith 244 AXXALS OF NATAL. (while it was still practicable) to attain the great object of placing the troops in position at Pietermaritzburg before any bodies of armed men could have made their appearance there ; as if they did intend to advance, it Avas evident they would not make their appearance there more than two or three days before the meeting. The reiterated determination of Major Smith not to move, has now and for ever prevented the possibility of their accomplishing the great object which Her .Majesty's Government so manifestly had in view, and the attainment of which was within my grasp, by the mere display of a power capable of ensuring protection to the loyal and weil-disposed inhabitants. While the lawless and violent will now obtain the " initiative " in the occupation of Pietermaritzburg, while angry and violent discussions will there rage unchecked, and the passions be strongly excited, a movement of Her Majesty's troops during the very time of these discussions would now be as injudicious as it was (in my opinion) not to occupy the vantage ground when left open for occupation ; and I have therefore felt it my duty now to request Major. Smith not to make this movement din-ing- the very time that the meeting takes place, as this would only afford a pre- text for the lawless to break out into acts of open outrage and violence, and escape to the Draaksberg before Her Majesty's troops could possibly reach Pietermaritzburg. In short, the golden oppor-. tunity is now gone by and past for ever, and I must content myself Avith hoping that an all-overruling Providence may yet watch over the fate of this unhappy and distracted country, and avert those- evils which a little human foresight and judgment might have been sufficient to check or eradicate. I feel so deeply the importance of this great crisis to the state of this country, that I dare not absent myself from Pieterrnaritzburg during these discussions. I feel that confidence in the influence which I have already succeeded in establishing over many, that I still hope that my presence may tend to check much evil, and hold out some encouragement to the loyal and well-affected to come for-, ward and express their sentiments without fear; but, whatever may befall me or this country in general, I feel it an imperative duty I owe to Her Majesty, whose benevolent views I have been so anxious to carry into effect, and to His Excellency, who was pleased to appoint me, as the humble instrument for carrying out those intentions, thus, to record it as my deliberate opinion, as I shall declare with my latest breath, that t> this determination of Major Smith not to com-. ply with what I had a right to demand from the tenor of my instrtttv AXXALS OF XATAL. 245 tions, with what I had a right to expect from his previous delivered opinions, and more particularly after the assistance which His Excellency so readily and opportunely furnished for the purpose, I shall ascribe every calamity which this colony or its inhabitants may suffer before an entire pacification of the country can now take place. Having; thus felt it my duty fully to record my opinion on the unexpected determination which Major Smith has taken not to afford me the protection required to ensure the safety of the country, I shall take leave to observe, in regard to the only ground Avhich he has thought proper to take for withholding that support, namely, "' that he is accountable only to His Excellency the Commander-in- Chief," that this plea appears to me to be not only evasive of the question at issue between us, but also most unsatisfactory, for I have never thought for a moment to question that accountability ; but my endeavours were directed to submit to his better judgment : that in this instance he had himself fully expressed his entire appro- bation of the measures which I had suggested for attaining the object we both have in view : that His Excellency the Governor, in his twofold capacity as Governor and Commander-in-Chief, having- approved of the means which I had suggested for attaining this desirable object, and his having previously been made fully aware that the reinforcement requested for might be instantly expected, I could not but be surprised at his (after the arrival of this reinforce- ment) stating objections which must have presented themselves to His Excellency's mind when he authorised this advance ; and when these objections were unanswerably refuted, that he should have impugned or reflected upon a solemn proclamation issued by His Excellency, from which I anticipated the happiest results. In now transmitting to you, for His Excellency's information, the whole of the correspondence which has taken place between Major Smith and myself on this subject, I need hardly, in conclusion, express the very deep regret which I (for many reasons I need not now more fully refer to) have felt at having to animadvert thus strongly upon the course pursued by Major Smith. My previous correspondence "with His Excellency and yourself will, I am sure, fully show that I have distinctly laboured rather "to extenuate than to set down aught in malice." That I have willingly and with sincere gratification expressed to His Excellency and recorded the favourable testimonies which I had heard from everyone at this place as to the manner in which he has discharged the many and arduous duties which were thrown 246 AXXALS OF NATAL. upon him : but in a matter of this vital importance to the interests of this country, to the great measure of humanity, justice, and con- ciliation which Her Majesty has so strongly manifested a desire to rarrv out, I should be unworthy of the high trust with which I have been honoured if I allowed considerations of a private or personal nature to weigh one feather in the balance of the duty I owe to Her Majesty, thus fearlessly to express my sentiments on a want of co-operation which, I plainly foresee, will lead to the most disastrous results, and expose this country to all the horrors of a civil war. I have the honour, &c., (Signed) H. CLOKTK, H.M. Commissioner. LETTER FROM THE HON. H. CLOETE To MESSRS. G. J. RUDOLPH, J. W. L. KOCK, F. G. MOCKE, AXD THE OTHER CO.MMANHAXTS AM> FIELPCORXETS, PlETMtMATOfTZBtlBG. Port Natal, 1st August, 1843. SIRS, I have the honour to acknowledge the receipt of your letter dated Pietermaritzburg, 31st July, and to state in reply that, placing perfect confidence in the situation which I fill, the object with which I am charged, and in the persons for whose interests I am here at present, I had already made the necessary preparations to leave this place on Friday next, and that I shall consequently be at Pietermaritzburg on Saturday afternoon, about 3 o'clock, in order to speak with you concerning the important meeting which yon are about to hold on the following Monday. I had also previously requested Major Smith not to send any troops to Pietermaritzburg during the meeting ; and as I shall again acquaint him with your request, I can thns at once give you the assurance that no marching or despatching of troops Avill take place during that meeting without absolute necessity, I have, ti> restriet the boundaries of this colony up to the Draaksberg, and not further, I would beg to suggest the necessity of having a military detachment stationed at the foot of the Draaksberg, at the place of one Daniel Bezuidenhout, and to establish some strict regulations as to the future intercourse with the people beyond the Draaksberg, laving a duty upon all articles imported from thence, and prohibiting altogether the exportation from hence of gunpowder, ammunition, wine and spirits, and such other articles as will only tend Still farther to demoralise them, aud furnish them with the means of aggression on the harmless and inoffensive tribes by whom they are surrounded, and whose territories they have in a great measure usurped. I feel confident that such a system, pm-sued for a very short period, will make them sensible of the disadvantages under which they are labouring, and that the influential and leading men will soon come forward and solicit to enjoy the privileges which they at present can neither understand nor appreciate. The next point respectfully submitted for serious consideration to His Excellency will be the extent of military protection which this colony will require. In my despatch of the 4th of July last. I alreadv expressed to His Excellency that, viewing the unsettled state of the population, and the alarming influx of Zulus Avho have poured in during the last years, and are squatting themselves down wherever they list, a respectable military force will necessarily be required to ensure public tranquillity. The smallest force required for that purpose should consist of six hundred men (one-third of which, if possible, to consist of cavalry). The vast extent of country which they must traverse, and the rapidity with which either a party of hostile fanners or of Zulus travel over the country, renders any attempt to check or resist them with infantry altogether nugatory. I would pi-opose that this place, situated in the very centre of the colony, should be kept up as the headquarters of the entire force keeping one detachment at Port Xatal. and another at the foot of the Draaksberg. flie first object to which the attention of the detachment here should be directed would be to en-lire a constant and certain com- munication with the port, and for that purpose I take leave to si; that His Kxcellency (as ('ommander-in-('hief ) may be pleased to direct a wooden bridge to be thrown over the "Little Bushman's River," running !>y this town. This little stream in some places is. AXXALS OF KATAL. 263 not more than twenty or twenty-four feet broad, but is so deeply imbedded that during the approaching rainy season it continues impassable for six or eight weeks, and might subject the troops to serious inconvenience. I have ascertained that the expense of pro- curing strong timber of stink, iron, or sneeze wood and laying down a substantial wooden bridge would not exceed fifty or sixty pounds : and I am sure that it is an expense which will be soon repaid by the certainty and facility of transport ; the remainder of the road to the Bay is perfectly free and clear, although rendered difficult by two or three exceedingly steep mountains, which, however, might also be improved with very little trouble or labour. The disposition of Her Majesty's troops throughout the colony would also render it necessary for His Excellency to lay down certain rules for the manner in which a co-operation or assistance of the military should be afforded. I have in every preceding letter pointed out to His Excellency the utter inefficiency of the civil power. A sentence or decree of the magistrates here is hardly ever respected : acts of violence and personal outrage are daily committed and passed by unnoticed because they cannot be punished, and the consequence of such a state of society daily becomes more and more serious, if the civil power is not supported by a military force whenever required. I would, therefore, take leave to suggest that His Excellency may also be pleased (as Commander-in-Chief) to direct the officer com- manding any detachment to lend such aid as may be required by the civil authorities to enforce the law. A few instances of a display of such united force will soon bring the unruly into subjection, and teach them the necessity of submitting to legitimate authority. I cannot, before concluding, but call His Excellency's attention to the conduct displayed by Joachim Prinslo at this meeting of the Volksraad. He is a person of considerable influence in. the com- munity, an influence based on the kind and benevolent qualities of his heart, and the part which he was made to play in the late revolt evidently arose from his having been put forward by others more designing and cunning, to take the chair on the occasion of their signing u treasonable address, to which he was made to put his name as chairman. I find that his conduct during the last twelve months has been perfectly quiet and inoffensive, and the part he took at the hist meeting contributed materially to check the clamour of the law- less and to encourage the well-affected. I would, therefore, take leave respectfully to solicit that His Excellency may be pleased, by a public announcement, to remove from him every disability which he 264 AXNAL? OF NATAL. still labours under, by being excepted from the general amnesty, as such an announcement will be gratefully hailed by a very numerous class of his relatives. Avho are deeply interested in his fate. I have every reason to believe that Miehiel van Breda has also conducted himself during the last twelve months with great propriety, and has abstained from tak : ng part in anv disloyal proceedings against the Government ; but I regret to add that I cannot give so favourable a testimony as to the conduct of Servaas van Breda and Jacobus Johannes Burger, as. on the contrary. I have every reason to believe that they have both to the latest moment been instrumental in keeping up a feeling of bitter hatred and animosity against Her Majesty's Government. In again congratulating His Excellency on the result of tin's important meeting, I cannot refrain from especially submitting to His Excellency the names of Mr. Otto, Mr. P. Zietsman, and Mr. Stephanus Maritz, as the members of the Volksraad who took a distinguished part in resisting the clamour of the public and in maintaining the authority and independence of the Volksraad. During two days, the question of allegiance was in the most imminent danger of being decided by an ignorant and lawless rabble, supported by a horde of armed men brought here with the object of throwing the communitv into confusion ; and I cannot but think that, but for my presence, they would have succeeded in their fiendish design. I have the honour, &c., (Signed) H. CLOKTE, H.M. Commissioner. PosTsrmi'T. 10th August, 1843. The messenger charged with my letters having been delayed, enables me to add a few important particulars resulting from the declaration of submission from the Volksraad. Mocke's commando, and all the parties from beyond the Draaks- berg, commenced breaking up in small detachments yesterday morning. :md at this moment the town is entirely clear of them. They left in a most orderly manner, without committing any outrage or violence ; but their abuse of the people here who drew them hither has been most incessant and clamorous. The commandant, Rudolph, called himself this morning, and expressed his regret that he had been led by others to continue in hostility to the Government among the latest, but he begged to assure me that he now saw tin- folly of further opposition to the Government, and pledged himself AXXALS OF NATAL. 265 to bo entirely submissive if his former misdeeds were overlooked. I at once told him that his conduct had been so conspicuous that I had been compelled to report it to His Excellency, with whom alone it would lay to remit or punish such conduct. I believe him to be a pei-son easily led away by others, but of a most worthy moral character and undaunted courage, and I would hope that, in regard of such a person, His Excellency will be pleased to overlook his acts, which have not amounted to any overt act of rebellion : and if His Excellency should be pleased to view his conduct in the same light, I would feel happy to convey to him the expression of His Excel- lency's sentiments, and assure him of his safety. He has given up all idea of quitting the colony, although he had threatened to do so immediately ; and I am happy to say that a dozen more residents, who were equally violent until last week, have now declared their determination to stay and await the opemtion of such institutions as are held out to them. The town is now in perfect tranquillity, save from a low rabble who infest the streets at night and destroy the properties of every person whose loyalty has made them an object of their hatred. The houses of Mr. Landsberg, Mr. Boshoff, and Mr. Van der Merwe were injured and their gardens destroyed during the last night, and the impotency of the police precludes all chance of detection or punishment. H. CLOETE. J. BODEXSTEIX AXD OTHERS TO THE HOX. H. CLOETE. Pietermaritxburg, 8th August, 1843. We, the undersigned, members and representatives of the Council, having taken into consideration the Proclamation of His Excellency the Governor, dated 12th May last, declare hereby to have agreed to accept the conditions thei-ein contained. (Signed) J. S. MARITZ (President), W. A. VAX AARDT. M. G. POTGIETKR, C. P. BOTMA, G. C. VlLJOEN, P. F. R. OTTO, L. J. MEYER, GERT SXYMAX, P. H. ZlETSMAN. E. F. POTGIETER, H. S. VAN HEX BERG, B. POORTMAN. P. R. XEL, A. Z. VISAGK, \V. S. PRETORIUS, A. F. SPIES, M. PHINSLO, A. ClLLIERS, P. (T. Hi MAX, C. A. BOTHMA, G. Z. XAUDE, J. A. KKIKI,, X. J. S. BASSOX. G.R, VAXROOYEX. (Signed) J. BODEXSTKIX, Secretary to tin- Council. 266 ANN'AI.S OF NATAL. MAJOR SMITH TO SIR GEORGE NAPIER, K.C.B. Port Natal, 10th August, 1843. SIR, Yesterday afternoon I received a letter from HIT Majesty's Commissioner, informing me that the emigrant farmers had at length seen fit to recognise and submit to the authority of Government, having placed in his hands on the 8th instant a declaration of " their unqualified acceptance of the conditions set forth in" your Excel- lency's "Proclamation of the 10th of May last, as the conditions under which they would be received under Her Majesty's allegiance." This unexpected event has been chiefly caused by a division arising between Mocke's party and those on this side of the Drakeneherg, to which the following circumstance may have not a little contributed. The Landdrost Zietsman received a letter a short time ago from I trecht, in which it was stated that the Government of Holland would allow no vessels to clear out for Xatal, and repudiated any interference with the place whatever. This letter being made known to some of the farmers, they at first considered it a forgery ; and even when Dr. Poortman, himself a Hollander, asserted that it came from that country, were still incredulous, until one of them, holding it up to the light, discovered that the watermark bore undeniable proof of its being genuine. But, after all, the certainty of a large military force being about to proceed to Pietermaritzburg (for the preparations were evident, and they could not well be ignorant of the '' Thunderbolt's '' unex- pected return with a further reinforcement) has been, doubtless, the main reason of their having at length tendered their reluctant submission. To this Moeke and his party have not acceded, and were prepared to depart when my informant (Mr. Behrens) left Pieter- maritzbnrg. There are, however, hopes they will yet be induced to solicit the protection of the Government. ( lert Rudolph and several others will, it is thought, remove further inland. In his letter announcing this event to me. the hon. Commissioner requested I would, "by is.Miing >ome general order, or by some open demonstration, make public the complete submission of this country to Her Mijesty's allegiance, and thus prepare the way towards the entire oblivion of the past, and subsidence of all feeling of hostility.'' In reply. I stated that I thought a reference to you hail best be made, as you might perhaps think tit it should emanate from your ANNALS 01' NATAL. 267 authority, and that the delay would at least give time to test the .stability of their decision. Such a step, I must confess, seems to me wholly unnecessary, after the clear manner in which those sentiments have been already .set forth in the proclamation and minute of your Excellency, announcing to the emigrants the intentions of Government in their favour. I have the honour, ivc.. (Signed) J. C. SMITH, Major. P.S. I have called the submission of the farmers unexpected, and in proof of this may mention that Dr. Adams, although in receipt i f constant information from Mr. Lindley, waited on me yesterday to ask permission to remove to the Point when hostilities com- menced, and which he seemed fully to anticipate. J. C. SMITH. MAJOR SMITH TO SIR GEORGE NAPIER, K.C.B. Port Natal, llth August, 1843. SIK, I had scarcely finished my communication of yesterday, when H.M.S. " Thunderbolt " arrived, bringing me the gratifying intelligence that you had fully approved of the steps I had recently taken respecting the proposed movement of the troops on Pieter- rnaritzburg. Circumstances have since occurred rendering that measure, it is to be hoped, unnecessary : and no one will rejoice more than myself should a sincere and permanent submission be obtained from the emigmnt farmers, so as to render the capabilities of this tine country available to other purposes than turbulence and faction. Considering more particularly the request of Her Majesty's Commissioner as detailed in my letter of yesterday, and being anxious to meet his wishes as far as I thought my situation permitted, I ventured to issue the public notice of which I enclose a copy, and trust it contains nothing that you will disapprove of. The latest news I have received from Pietermaritzburg states that Mocke's party had departed, without any further act of violence on their part than the demolition of a few windows. I have the honour, &c., (Signed) J. C. SMITH, Major. Pi'iu.ic NOTICE. The Commandant deems it his duty to make known to the communit that he has received an official communication from the 268 AXXALS OF NATAL. Honourable Henry Cloete, Esq., Her Majesty's Commissioner for Natal, formally announcing that the emigrant farmers had, through their Volksraad, tendered their submission to the Government on the conditions set forth in His Excellency's proclamation of the 10th of May. Trusting that this event will have the effect of restoring that tranquillity to the country which it so much needs, and which is so essential to its prosperity, the Commandant suspends for the present the contemplated move of the troops towards the interior, in the hope that a gradual subsidence of all party feeling may render such a step eventually unnecessary. (Signed) J. C. SMITH, Major, Commandant. Given at the Commandant's Office, Port Natal, August 11, 1843. THE HON. H. CLOETE TO THE HON. J. MONTAGU. Pietermaritzburg, 12th August, 1843. SIR, 1 have the honour to enclose, for the information of His Excellency the Governor, copies of a letter received, by me yesterday from the Secretary of the Volksraad, requesting me to forward to His Excellency their application to be allowed to levy at Port Natal the same duties which they had been accustomed heretofore to derive, and from which the payment of all the authorities and public insti- tutions was almost altogether dependent, and of my reply thereto. These duties the Secretary to the Volksraad states to have con- sisted as follows : On wine, per half-aum ... ... ... 15s. On all brandies, spirits, &c., per gallon ... 3s. On tobacco, snuff, and cigars, ad valorem, 25 per cent. On timber, wood, and manufactures of wood, ad valorem, ... ... ... 25 per cent. On all goods, wares, and merchandise, 3 per cent. Port dues, per register ton ... ... 3s. As this subject is now fully brought before His Excellency for decision, and as I cannot but think that in my previous communications I have failed to enter at sufficient length into the question, I shall take leave to supply that deficiency at present, as I am apprehensive that for want of proper information His Excellency may be led to the adoption (in this first measure of government in regard of the insti- I ANNALS OF NATAL. 269 tutions of this country) of a principle which will give great cause of discontent. Prior to the revolt in May, 1842, Natal was to all intents and purposes an integral and essential part of the colony. A magistrate and harbour-master were there established and recognised by every inhabitant, and the revenue derived from that quarter constituted the chief item of revenue of this infant State. After the rule pre- scribed to the farmers by Lieut.-Colonel Cloete in July last, the port, with a small tract of land bounded by the Berea hills, was expressly excluded fi-om all interference by the Volksraad, and placed under the military command of the commanding officer. Under these circumstances, those functionaries who had previously officiated there were, of course, removed ; but the Volksraad having now fully subscribed to the conditions laid down by Lord Stanley's despatch as the indispensable preliminaries of their enjoying a settled government under British protection, it appears to me indispensable that all military interference in matters strictly belonging to the civil authorities should now cease, and that the inhabitants of Natal, who are not more than twenty in number, and consist of persons of Cape 'or Dutch origin, as well as English, should again be placed under the authority of a civil magistrate as heretofore. In fact, from what I observed there during the last month, the appointment of such a functionary is absolutely necessary to maintain good order. It is, therefore, a fallacy to assume or suppose that the port of Natal does not belong to the country, and that the Volksraad, as a lawful authority exercising its temporary jurisdiction, and recognised by the Government, should not exercise it over that as well as every other part of the colony. From this undeniable principle, it follows that the Volksraad is entitled to claim the right of levying such duties as they had levied heretofore, and without the reception of which they cannot support their government ; for, if the levying of these duties be refused to them in this shape, they will, it is evident, be driven to levy a general personal tax or assessment on the landed property of every individual throughout the colony, and therein including all the inhabitants about the port. The principle, therefore, of their levying this duty' not only appears to me to be just, but the arguments of expediency or convenience which have been started against this right appear, moreover, to be altogether untenable. Upon what principle of justice or even of expediency should twenty-four persons residing at the port be exempted from 270 ANNALS OF NATAI,. paying towards the taxes which are to be levied on the rest of the community ? They are t.lie mere agents of persons both in the Cape of Good Hope and Pietermaritzburg ; so tha.t to them personal! v (with the exception of articles for their own private consumption) they are altogether indiffei-ent to or unaffected by this duty. The next objection that lias been raised, viz., that the military at the port would be liable to this duty, may be easily removed by His Kxrellenry directing that all Government or military stores should be exempted. But the present mode of allowing a military officer to examine into the ship's manifest, and so interfere with the mer- cantile concerns of the port, appears to me so anomalous that I cannot but think that His Excellency will rejoice at the change of affairs which has now rendered such further interference unnecessarv. It is clear that if the exemption as suggested in your last despatch were to extend only to certain limits around the port, and that Her Majesty's troops would be relieved only while remaining within that area, where only a small military force will be required, while those scattered over the whole colony would still be liable to their propor- tionate shai-e, this would create a very unjust distinction. So that, with a view to removing that objection, I think His Excellency will concur in the suggestion that .Government and military stores should be exempted (in which I am sure the Volksraad would concur). To extend an exemption from the payment of any duties to an area round Natal, therefore, appears to me to be not only unjust in principle, but it would create such an opening to fraud as to render the tax altogether inoperative, and thus will prevent the Volksraad from obtaining any revenue from this source ; for how is the collector of such duties to levy them when the articles are to be taken to this place or to the interior? Is he to attend every wagon as they arc loading at every store (an operation which frequently takes half a day with a single wagon) ? How is he to watch a doxen wagons starting at the same time from as many stores, and how is he to get at the values of these articles or know the contents of the packages ': These difficulties are so insuperable that they would lead to great embarrassment. They will create discontent, and again revive a feeling that there does exist a dictinction between one part of Her Majesty's subjects and the other, which I am labom-ing incessantlv to overcome. Upon these various grounds I feel it my duty to solicit from His Excellency in this, the lirst interference with the existing authorities here, to avoid even the semblance of making any distinction between AXN'AL? OF NATAL. 2 7 I any portions of subjects of this colony, and, by conferring the favour now solicited by the Volksraad. To give them a sensible proof that His Excellency is only desirous to reinstate them in the full enjov- ment of those privileges which their return to Her Majesty's alle- iriance entitles them to. C5 I am happy to inform His Excellency that every person here st-iMiis already to have returned to their homes or avocations. I have only heard two persons in and near this town who still express a determination of going on beyond the Draaksberg ; and ivere it not for the efforts of two or three individuals, who still endeavour to incite a low and lawless rabble to commit every kind of outrage, during the dead of the night, upon the houses and lands of those who were conspicuous for the display of their loyalty, the town would be in perfect quiet. I have this instant received a letter from the landdrost, Mr. Zietsman, enclosing an application from several of the most respect- able inhabitants (with reference to the outrages committed every night 011 their properties, and the lawless state of the lower classes here) that a military detachment may advance to this place. This functionary entirely concurs with me in the necessity of such a move- ment ; and it appears to me to afford a most favourable opportunity of at once occup} T ing this town, not only with the concurrence, but at the request, of the respectable part of the community. I shall communicate this application to Major Smith this day, submitting- this application to his better judgment, and to such orders as he may have received from His Excellency. I can only solemnly assure His Excellency that such an advance of 100 or 150 men can now take place with as much security as through any part of Her Majesty's dominions. I have also received advices yesterday that the commando who were here lately had reached near to the Draaksberg in great want of provisions, so that they would hasten home, and by this time, 110 doubt, have passed the boundary without committing any excess or outrage of any kind. I have received yesterday a public notice calling on all claimants to erven within this town to bring in their claims before the end of the month, on pain of being disqualified ; and several persons have already brought them in, so that this work will now also be easily accomplished. I have consulted some of the Volksi-aad as to the rate of dutie. which they propose, and they concur in thinking that, although the 272 ANNALS Of NATAL. rates as formerly levied were expressed in their letter to me, yet that the duty on timber is extravagantly high, and would only tend to check improvement in building, the wood in this country being generally too fresh to be used; a reduction on that head to :! or ."> per cent, would, therefore, be generally approved of. I have, &c., (Signed) H. CLOETE, H.M. Commissioner. [Enclosure.] J. BODENSTEIN TO H. Cl.OKTE, ESQ. Pietermaritzburg, llth August, 1843. SIR, In the name of the Council (Volksraad) I take the liberty to bring to your knowledge that one of the principal branches of the public revenue here has been always the import duty levied by it from merchandise landed in the harbour of Natal, viz. : On brandy, liqueurs, &c., per gallon ... ... Rds. 3 On wine, per half-aum ... ... ... ,, 10 On tobacco, snuff, cigars, &c. ... ... -"> per cent. On wood and wood- work ... ... 25 ,, On other goods ... ... ... 3 Besides port dues, per ton, 3d ; which revenue having ceased for the last fifteen months, the Council has in the meantime found it difficult to perceive even the semblance of executive authority. As the Council, however, observes from the seventh article of His Excellency's proclamation of 12th May that Her Majesty is pleased to leave the existing institutions of this place undisturbed, and as it therefore thinks it has reason to believe that His Excellency the Governor will be inclined to allow the means thereto, without which it will no longer be possible to meet tin- absolutely necessary public charges, I am, therefore, directed to request his sanction to the duties as heretofore. I have, &c., (Signed) J. BODKNSTKIN, Secretary of the Council. HER MAJESTY'S COMMISSIONER, NATAL, To mi. Hi>\. J. MONTAGU, SK<'I;KTAUY TO GOVKI; \MK\T, CAN: TOWN. Pietermaritzburg, loth August, 1843. Sn:, I have the honour to acknowledge the receipt of your letter of 2nd instant, chiefly referring to the approval of His Kxeellency of the grounds upon which Major Smith had deemed it advisable not to ANNALS OK NATAL. march up any troops to this place to maintain the public peace during the late meeting of the Volksraad. The providential turn which affairs have now assumed having rendered such a rneasme unnecessary, it becomes needless for me to revert to so painful a subject any further than to assure His Excellency that nothing but the most imminent necessity will ever induce me to make any application for troops in any undertaking in which I may be engaged ; and that on the occasion referred to I would not have made such a requisition, had I not previously made both His Excellency and Major Smith fully acquainted with the impending exigency, and had I not obtained the entire concurrence of both as to the expediency of snch a movement, although the reasons adduced to me by Major Smith for not complying appeared quite unsatis- factory. I cannot but think that those submitted to His Excellency must have been conclusive, as it appears that on the very night whilst I was engaged here with the farmers (the majority of whom were in arms) to extort from them a return to their allegiance, upon a sudden panic that a party of hostile farmers had threatened the village of Congella, all the women were removed by boats, and the men tied on foot, without Major Smith being able to afford protection to a village situated two miles from his camp. I should, however, hope that the reinforcement now sent in H.M. steamer " Thunder- bolt " will induce him to accede to the request made by a number f the respectable inhabitants of this town to have the protection of a military force here. I beg again to assure His Excellency that such a movement of any detachment, however small, may be made without the smallest apprehension of any attack. But it will be needless for me to repeat any snch opinions, as Captain Broke, who has been with me for two days, and has had the oppor- tunity of going about the country for thirty miles, will best be enabled to give His Excellency an account totally unprejudiced of the present state of it. The readiness with which the Admiral has kindly placed the " Thunderbolt " at my disposal, for the purpose of exploring St. Lucia Bay, makes me doubly regret the impossibility of my at present availing myself of this favourable opportunity of accomplishing this object : but I had. previously to my knowing of the arrival of the "Thunderbolt." called upon all occupiers of erven to give in their claims before the end of the month, on pain of being deprived of their right. They have already promptly obeyed this call, and I should be sorry to withdraw that notice; independent of which the Volksraad meet again on the 1st Septem- 2 N 274 ANNALS OF NATAL. her, when I am aware various subjects will be discussed requiring my immediate attention. Immediately upon their breaking- up I shall, however, be pre- pared to examine the eastern boundary ; and could the Admiral, by about the loth of that month, spare the " Thunderbolt," I should feel deeply indebted to him : and I feel sure Captain Broke will feel a pleasure in contributing towai-ds examining into one of the most particular points to be established with regard to fixing the future boundaries of the colony, viz., whether it would be expedient or necessary to extend these boundaries to St. Lucia Bay, more par- ticularly as 1 am aware that the emigrant farmers beyond the boundary have been endeavouring to effect a communication with the coast by that bay. Captain Broke, who has been kind enough to make some observations for fixing the latitude and longitude of this place, has also explored with me all the surrounding country, and will be able to inform His Excellency of the state of unprecedented tranquillity which the country at present enjoys. Having heard that my despatches of the 8th and 10th reached Port Natal too late to be sent by the " Pilot " or the " Maid of Mona," has been an additional inducement to my requesting Captain Broke to be the bearer of them immediately, as I am f ally aware that His Excellency will feel deeply anxious to know every particular connected with the pacifica- tion of this country, which, under God's blessing, I have been able happily to accomplish. I have the honour, &c., (Signed) H. CLOETE, H.M. Commissioner. MAJOR SMITH TO SIR GEORGE NAPIER, K.C.B. Port Natal, 16th August, 1843. SIR, I have the honour to submit to your Excellency that :i communication from Her Majesty's Commissioner reached me yester- day, enclosing a memorial to Landdrost Zietsman, addressed to him by the inhabitants of Pietermaritzburg, requesting him to apply to the Commissioner for the advance of a body of troops, as they do not consider either their lives or properties to be secure. In an accom- |i;!iiying letter, though of later date, Mi 1 . Cloete stated that he would ;ivail himself of the visit of Captain Broke to put me in possession of ;ill the necessary information respecting the state of affairs, and ANNALS OF NATAL. 2 75 of the sentiments of the inhabitants ; and I shall, therefore, awa.it the return of that officer before I decide on the advance in question. That the measure suggested would now be an imprudent one is not likely, because the division which has arisen between Mocke's party and those on this side of the Draaksberg will in all probability prevent their again uniting for any evil purpose. But I could have wished that the inhabitants themselves of Pietermarit/burg had repressed the anarchy they complain of, and had thus given proof, not only of the sincerity of their submission, but that it was the general wish of the people, as well as of those who had signed the document in which it was so solemnly professed. Should I decide upon moving a body of troops to Pietermaritz- burg, it is my intention of taking witli me the detachment of the 4.">th and two guns, accompanied by as many sappers as can be spared, with the view of building cover for the troops as soon as pojssible. Wood and thatch are scarce there. The huts, therefore, will have to be constructed of stone, and probably covered with yellowwood planks, which, although expensive, will be useful after- wards. Subsequent observation will determine the amount of force necessary to be retained there ; but at present I do not think it advisable to advance a less force than 200, and shall make arrange- ments accordingly. That your Excellency does not intend that the military should be employed in aid of the civil power further than by the effect their presence will necessarily produce, I am led to suppose from the tenor of your late instructions to Her Majesty's Commissioner ; anil will, therefore, on m}' arrival send for the ianddrost and inform him that, although the troops have been moved there at the expressed wish of the community, it is the duty of the inhabitants themselves to maintain the order so essential to their welfare and, of course, in civil commotions of any importance, the assistance of the military would at once be given. I have written as above because, in the petition of the people to their Ianddrost, the following passage occurs, from which I infer they expect the troops to be employed as a police force, than which nothing could more effectually cause a soreness of feeling and frequent collision between them and the emigrant farmers : " More- over, we do not believe that you have any police force at your command to apprehend any evildoers, in case of resistance, unless assisted by the voluntary aid of the inhabitants." Xow, independent of other considerations, I think there is a ANNALS OE NATAL. 276 wholesome moral value in a people exerting their energies for the preservation of order, instead of laxily habituating themselves to its beino- produced by the exertions of others. Sloth is easily generated in a community, and soon becomes a portion of its system. I have the honour, Ac., (Signed) J. C. SMITH. Major. MAJOR SMITH TO SIR GEORGE NAPIER, Port Natal, 17th August, 1st-:!. SIR, I beg to inform your Excellency that I have just had an interview with Captain Broke, on his return from Pietermaritzbnrg, which place was quiet when he left, and comparatively empty of its. inhabitants ; but it was urged by the better disposed among the population that the dispersion of the armed burghers, which imme- diately followed their submission, left them without protection either from the Kafirs, whom they appeared much to dread, or the more turbulent of their own people. They therefore thought, under the circumstances, they had some claim to the support of that Govern- ment to which they had lately tendered their allegiance, and Loped that a body of troops would be marched to Pietermaritzburg for that purpose. Many other reasons in advocacy of the measure wen- detailed by Captain Broke which it is needless for me to mention, as that officer will make them known to your Excellency, but it seems to me that the great advantage is gained towards the establishment of order by the request for troops coming from the inhabitants, and I shall therefore make an early movement with the force mentioned, in the full conviction of that step meeting His Excellency's approval. I have the honour, Ac., (Signed) J. C. SMITH, Major. DESPATCH FROM SIR GEORGE NAPIER To THE RIGHT HoNori;.\i:[,i: THE LORD STANLEY. SI:CI;I:IAI;V OF STATE. Government House, Cape of Good Hope, 21st August, 1843. M\ hoi;i>, I>v the "Pilot," which arrived in Table Bay last evening, I received despatches from Major Smith. Commandant of Port Natal, of which I have the honour to transmit .copies, announcing that, he had received a letter from Her Majesty's Commissioner, who was then at Pietermaritzburg, informing him that tin- emigrant AXXALS OF XATAL. 277 farmers had placed in his hands on the 8th instant a declaration of " their unqualified acceptance of the conditions set forth in " my " proclamation of the 10th of May last." I have not received any official notification of this event from Mr. Cloete ; but, being in daily expectation of the return of Her Majesty's steamer " Thunderbolt," I shall take an early opportunity of communicating to your Lordship the information I receive from that quarter. I have the honour, &c., (Signed) GEORGE NAPIER. EXTRACT FROM A LETTER ADDRESSED BY THE VOLKSRAAD TO HER MAJESTY'S COMMISSIONER. [From the " Zuid Afrikaan," 10th June, 1843.] 4th September, 1843. * * * We believe that we ought not to proceed to the statement of any particulars for your recommendation, respecting the possession of land, without saying at the same time that this is a subject concern- ing which a deep and general interest is felt; and we may not con- ceal from you that it is our positive opinion that on the final decision of this question will depend the contentment or dissatisfaction of the people, as far as the country is inhabited, a matter which possiblv may produce unwished-for results, should Her Majesty's decision on the question be hard, oppressive, or unjust in the opinion of the interested parties. But on this point, also, we can assure you that, relying on the spirit of Her Majesty's declaration, we cherish the utmost confidence that Her Majesty's Government will be disposed and desirous to take our interests into its most favourable consi- deration. From article '2 of the proclamation of His Excellency, the Governor, already often alluded to, we perceive that authority is given to yon, as Her Majesty's Commissioner, only to assure the rights of possession to such persons as may have actually bona- fid? occupied their lands during the twelve months next preceding your arrival here, without fixing the actual extent of those lands. We are assured, from the number of applications already made to you on this head, that you will have perceived that, both in equity and justice, with the view to promote the common interest and prosperity 2j8 ANNALS OF NATAL. of this youthful settlement, you cannot well refuse, taking into con- sideration the various circumstances alluded to in this letter, with many others that must already have come under your observation, to endeavour to move Her Majesty's Government to extend the admis- sion of claims on land further than has been allowed by the procla- mation. Xot only those who possess occupied lands consider themselves to have a fair and reasonable claim to the same, but also all those who have obtained their lands on the same authority, who have suffered and done as much in and for the country, and who have onlv been prevented from occupying their farms by the unsafe con- dition of the settlement which has hitherto existed, and which has as yet compelled them either to take up their residence in villages or in little encampments, or to remain on the farms of one or other of their fellow-burghers for mutual protection, until an opportunity should offer when, without immediate danger, they might proceed to their farms to occup}" and cultivate the same. Should all such persons not be admitted as entitled to a grant of land, as well as those who had the good fortune to occupy theirs, the greater pai-t will be deprived of it ; and having been reduced to poverty by the great losses which they have sustained, and consequently unable to purchase from the Government, it would be expecting too much were it thought that the utmost dissatisfaction would not proceed from such a decision, and that such persons could be induced to remain in a country, and to co-operate in its common prosperity, or be willing to join in sus- taining its burdens, after they shall have been excluded from all interest in the same, so as to have no prospect of procuring for them- selves and their families a place of rest. We are fully persuaded that in such a case the present number of inhabitants on this side i he Drakensberg will decrease at least fifty per cent. We do not even wish to allude to the consequences which will result from such a Mep. And although we have no doubt that Her Majesty's Govern- ment is in possession of the means ultimately to restore order and submission, yet Ave knoAv this for a certainty, that for a considerable time it will endanger the safety and retard the tranquillity of this colony, and that the measures which Government will have to adopt will )>e attended with greater expense than the value of all the lands now claimed. It may be maintained that we cannot have a lawful claim to these lands, the grants not having been lawfully made ; that we are British subjects, and could have no such authority, except by per- mission of the British Government; and that the grants as well as AN: S'ALS OF NATAL. 279 the sales made by us amount to nothing more than a loose speculation. Bnt it will be difficult to convince even a small portion of the inhabitants of the justice, equity, and usefulness of this reasoning. We were obliged, as emigrants, who had to govern and protect our- selves, and who would not lead the life of wanderers (although we may not have thought that we had a good claim to independence), to establish a government amongst ourselves, whose authority we were bound to honour and acknowledge, and we were therefore not only entitled to frame laws for our guidance, but also to dispose of land, so that every man might have his own, without which no civilized community could exist. Our government or highest authority then consisted of a Volks- raacl, such as still exists, and has been graciously left in power by Her Majesty. This Raad thought proper to determine that every man married, and of age, should be entitled to a grant of two farms and one erf ; and every young man doing burgher duty, and aged from fifteen to twenty-one, should have one farm and one erf that is. those who arrived befoi-e ultimo 1839 ; but all those who arrived since that time only to one farm, in consideration of their having suffered less, and done less, for the promotion of peace and safety, than the former. The Raad framed a law in respect to these grants, of Avhich we take the liberty to subjoin a copy. And sales of land baring also been made lawful, many have made purchases to a con- siderable amount, and others have invested all their ready money in fixed property, much of which has been duly transferred to the pur- chasers after the titles had been issued, a form of which we annex. These purchasers had to pay to the public treasury, independent of the expense of transfer, two per cent, on the value of the property (the amount of purchase money). When no notice shall be taken of all this, those sellers, who have for the greater part left the country, will be the best off, inasmuch as in some instances they have received the full value of their property, as some uncultivated farms hare been sold for two, or three thousand rixdo liars ; and the purchasers of such land would not only be greatly disappointed, but in many instances they would be impoverished, if not brought down to bank- ruptcy ; and this although they ought to be classed among those who have done much for the welfare and occupation of the settlement. For this restitution of the amounts of purchases, much trouble would also be caused by lawsuits which would be instituted against the sellers, or other matters which would in many cases thereby become unavoidable. 28O AXXALS OF NATAL. We feel convinced that Government may confirm the grants made by the Raad without prejudice to the requisite revenues of the country ; and much will depend on this to cause general peace, sub- mission, and contentment. We feel ourselves constrained to request of vim earnestly to recommend our propositions on this subject to the favourable consideration of Her Majesty ; also to make known our desire that the farms be left in extent 8,000 morgen, and be subjected to a reasonable annual rent ; that provision may be made to allow sales and transfers on the same footing as hitherto in practice here, without pressing on us immediately the expenses of a survey, as many are as yet not able to defray it, owing to the reduced state of their means. The dark prospect and uncertain expectations with respect to this question have already caused several of the inhabit- ants to feel uneasy: some have left the country, others are pre- paring to follow; and those who wish to remain find their hands tied, since they have no encouragement to undertake anything expensive towards effecting improvements on their lands, and emi- gration is put a stop to. Wherefore we most earnestly pray you to recommend to Her Majesty's Government a very early decision on this point. Finally, we do not wish to leave you ignorant that we feel con- fident it will appear to you, after the registration of the lands claimed, that, after a fair decision in regard to the same, more land will remain than Government could dispose of for a considerable period, and which undoubtedly will be sufficient, and support the requisite public expenditure; while at the same time, in our opinion, an early and satisfactory settlement of this question will cause an increase in the number of inhabitants, give a fresh impulse to trade and every- thing else, which will tend as a natural result to the increase of the public revenue.* MAJOR SMITH TO SIR GEORGE XAPIER, K.C.B. Pietermaritzburg, 4th September, 1843. Sin. My letter to the Deputy-Quartermaster- General will have Jipprised your Excellency of the arrival of the troops at Pieter- maritzburg. and it now remains for me to make a few observations as to the state of feeling pervading the inhabitants on their finding themselves overlooked by a military force. When I reached Pieter- * " Natalier," 2nd May. 1813. A \\ALS OF NATAL. 28 1 maritzburg, the town was comparatively empty ; but I have reason to believe that few, except those who petitioned for the advance of the troops, are glad of their coming. In fact, they imagined a very small party would have been sent, merely to act as a police force, and were surprised and annoyed when they found that it exceeded two hundred men. Neither are they pleased at the position chosen, nor the commencement of works, which they seem to be aware are but a prelude to a permanent residence. Beyond this, I see nothing at present to indicate anything hos- tile, and the community seem hushed into a kind of sulky submission, the doggedness of which will probably subside, unless the result of this day's meeting of the Volksraad should give a fresh impetus. Their committee have been pi-eparing certain proposals respecting their future government, and some immunities to which they claim a right, and if approved by them to be laid before Her Majesty's Commissioner ; therefore, upon their rejection or admission much will depend. If the question of compulsory servitude be one of them, under the many shapes which it assumes here, the rejection of it will cause great, murmuring. But it must be grappled with, not evaded ; for the sooner the farmer clearly understands that slavery in any shape whatever cannot be permitted to exist, the sooner will the discontent subside, which this uncertainty of their positions regarding this and other questions has created. I mention it thus particularly because the endless references made to me by both parties on this subject is a source of continual embarrassment and difficulty. By Mr. Cloete I was informed that the farmers had spoken to him respecting commandos which they were anxious to send against the Katirs, and that he had referred them to me, a reference which he thought would soon be made. This I regret, because I do not see how I can well accede to such a measure, when it is considered that the vast number of cattle taken from N'Capayi are yet unrestored, as well as those plundered from the Government. Neither can the farmers point out those by whom the thefts were committed, and merely wish to seize a number of cattle, equivalent to their losses, without regard to the injustice of punishing people of one tribe for the faults of another. T have the honour, <.%c., (Signed) J. C. SMITH, Major. 282 A.X.VAI.S OF NATAL. EXTRACT OF RESOLUTIONS AT MK.rrixii OF THE VOLKSI;AAI>, HELD AT PlBTBRMAEiTZBUBO, o\ 4TH AND STH SEPTEMBER, 1843. [Enclosure in Commissioner H. Oloete's Despatch, 10th November, 1843.] Art. 3. -A letter from Mr. A. W. J. Pretorius, dated 30th August last, to the Council was laid before them, in whirl) that gentleman reminds the Council to what an extent the Katirs or Zulus are flocking 1 into our territory (a territory willingly ceded to us hy Dingaan), owing to which we are now robbed of our cattle, mid that the Council may be pleased to devise some plan for obviat- ing this, as otherwise we shall not be able to inhabit the country with any security. The Council, after mature deliberation, has thought it expedient to propose to the hon'ble Her Majesty's Commissioner that the Kafirs should be removed from amongst us to the further side of the Tugela River, and to the junction of the Buffalo River or Umzimyati and to the further side of the Umzimvubu : except such Kafirs as may engage themselves for hire as labourers amongst the people : yet so that every householder shall not retain more than five Kafirs with their families, as at an earlier date has been proposed and determined; That for this purpose Her Majesty's Commissioner be requested to take such measures as mav be best suited to the removal of the Kafii-s. Further, that Her Majesty's Commissioner be made acquainted with the anxiety of the public, who for the last fifteen or sixteen months have been plundered of their cattle by the Katirs. returns of which may be seen on reference to Commandant Rudolph, which returns may be exhibited to the hon'ble Commissioner, with a request for his opinion what the Council can or may do to recover the cattle* as the Council feels itself bound to protect the public. By order of the Volksraad. (Signed) J. BOUKXSTEIN, Secretary of the Volksraad. A true ropy : (Signed) H. CLOBTE, L.s., H.M. Commissioner. AXNALS OF NATAL. 283 HER MAJESTY'S COMMISSIONER, NATAL, To -i HI-: HON. J. MoxT.\;r, SKCKKTARY TO GOVERNMENT, CAVK TOWN. Pietermaritzburg, 7th September, 1843. g IK? * * * I transmitted 011 12th and 14th iiltimo to -Major Smith the application of a number of the most respectable inhabitants of this town, supported by a similar application on the part of Mr. Zietsman, the landdrost, praying that Her Majesty's troops might march up, and. by taking military occupation of the town, contribute to the peace and good order of the town and coun- try. Major Smith having abstained from answering the application until he had received a report of Captain Broke (whom I had invited to come up and witness the state of tranquillity of the country), apprised me on 17th following that he had determined upon sending up a detachment of 200 men and two guns ; and having on the 24th informed me that the troops would march so as to be at this place on % the 31st. I issued a public notice, copy of which is hereto annexed, informing the inhabitants of the object of the advance, so as to allay all excitement : and I am happy to say it appears to have been attended with the best effect the town continuing perfectly quiet and undisturbed, and the inhabitants having generally resumed their several avocations, in full confidence of peace and good order. Major Smith arrived on the 31st, and took possession of a com- manding hill at the west end of the town, referred to in one of my former despatches, from which the British flag is now displayed as an emblem of peace and security ; and I now feel a perfect confidence that, by steadily pursuing a system of justice and fairness with the inhabitants generally, the wounds which have hitherto been inflicted on the country will be speedily healed, and its acquisition prove one of the greatest blessings to the people, and of no less advantage to Her Majesty. I beg also to acquaint His Excellency that the period elapsed on the 31st within which I have called upon the claimants to build- ing lots within the town to prefer their claims. That notice having been generally attended to by the inhabitants, one single violent oppositionist, Grert Rynier van Rooyen, having under the fatal influence of his better half held out until the last moment, I was induced to send for him and acquaint him with my determination not to admit a single claim of such persons as obstinately refuse to prefer them after the lapse of this the last day of my presence here. 284 AXXALS OF XAT.U.. He returned in a few moments, bringing with him his documents in snpport of his claims and those of his sons, seven or eight erven. which I then admitted; and with him, I believe, ends the last of those who were determined not to bring forward their claims to lands. There are, however, still about sixty building lots, of which the proprietors are living near and beyond the Draaksberg, and to afford them an opportunity of preferring their claims, I have issued another notice, authorising the landdrost, Mr. Zietsman, to receive these claims during my absence ; as, awaiting His Excellency's further instructions, and fearful of the rainy season setting in, I have deter- mined to visit the eastern boundary and the Zulu chief Panda imme- diately, every circumstance showing me the necessity of ascertaining precisely the extent of that boundary, and the expediency of explor- ing St. Lucia Bay, before an examination takes place of the several farms scattered throughout the colony. I have further to acquaint you that, for the purpose of giving me some protection during this extensive tour, and through a country infested by savage animals, requiring a guard to be kept by night, and also to give my first inter- view with Panda somewhat of an official character, I requested Major Smith to give me the escort of three mounted men and a corporal, with a spare horse, but which request he has found himself unable to comply with. I am perfectly aware that Major Smith will be unable to satisfy His Excellency that he could not conveniently spare the men ; but I feel it due to myself and the mission in which 1 am engaged to record the fact that, having effected the entire pacifica- tion of this country without the aid of a single soldier, and having under His Excellency's instructions applied for but three men and a corporal, those could not be afforded to Her Majesty's Commis- sioner, to give him not only protection in a somewhat dangerous journey, but to give some moral weight and effect to this first official interviewVith a powerful native chief, whose conduct during the last year has been marked by considerable duplicity in his messages to the Commandant and the authorities at Pietermaritzburg. I propose leaving to-morrow for Port Natal, where I shall com- plete my arrangements to take my departure for the Zulu country on the 18th. I have the honour, Ac.. (Signed) H. CLOETE, H.M. Commissioner. PufjLic NOTICE. Her Majesty's Commissioner hereby gives notice to the public that the Commanding Officer of the troops at Natal purposes, at the ANNALS OK NATAL. request of a number of the most respectable inhabitants of the place, to march a detachment of troops hither in order to aid the mainten- ance of peace and good order, to give protection to every person on his property, and to afford them generally the militarv protection which Her Majesty has promised them. Her Majestv's Commis- sioner trusts, therefore, that the marching of troops will not furnish opportunity to the ill-disposed to attribute it to any other cause than that which is solemnly here publicly notified. (Signed) H. CLOETE, H.M. Commissioner. Pietermaritzburg, 26th August, 1843. HER MAJESTY'S COMMISSIONER, NATAL, To THE HON. J. MONT.UJU, SECKKTAKY TO GOVERNMENT, CAPE TOWN. Port Xatal. llth September, 1843. Sin, I have the honour to acquaint you that the " Thunder- bolt " arrived here yesterday, bringing the Rev. Mr. Faure, with his lady. OTI a visit to the emigrant farmers, and I was favoured on the same day with your despatch of 29th ultimo, acquainting me with the object of his visit, and that His Excellency had been pleased to leave it to my discretion to engage the services of that gentleman for the object specified. Although I should have wished to have had the opportunity of in some measure preparing the minds of the people at Pietermaritzburg for this visit, for fear of creating any jealousy there, yet I feel entire confidence both in the zeal and dis- cretion of Mr. Faure : so that I cannot but rejoice at his arrival, satisfied as I am that his prudence will prevent his clashing with the Rev. Mr. Lindley, a regularly ordained Presbyterian clergyman, paid by the people and officiating at Pietermaritzburg ; and I shall, there- fore, take the liberty of informing him of my wish to engage his services for a limited period, and for the object of devoting his atten- tion to the District of Weenen, and generally throughout those parts of the country where he may not be subjected even to a desire to interfere with the clerical duties of the present incumbent at Pieter- maritzburg. I have the honour, &c., (Signed) H. CLOETE, H. M. Commissioner. 286 A\\.U,S OF NATAL. DESPATCH FROM SIR GEORGE NAPIER To THK RIUHT HO\OUI;AI:U-: Tin: LOUD STAXI.KV. SKCIJKTAHY OK ST.VIT. Government House, Cape of Good Hope, 16th September, 1843. MY LORD, With reference to my despatch No. 162, of the 2Jst ultimo, I have the honour to acquaint your Lordship that, through stress of weather, H.M.'s steamer "Thunderbolt" was obliged on the 16th of that month suddenly to slip from the anchorage at Port Natal and put to sea, to which place she returned on the 18th ; but from the dangerous state of the surf she was unable to communicate with the shore, and consequently Commander Broke and several of her officers were unable to get on board. During that night, the weather became so boisterous that the first Lieutenant was obliged to get under weigh, to save the vessel from drifting on the rocks, and as the coal began to run short he \vas compelled to return to Simon's Bay for a fresh supply. Of the necessity of this determination on the part of Lieut. Wode- house, the Admiral commanding on the station is perfectly satisfied. After undergoing the necessary repairs, she again sailed for Port Natal, from whence she returned yesterday evening, bringing me despatches from Her Majesty's Commissioner and from Major Smith. The early departure of a vessel for England prevents me from transmitting copies of these reports ; but I am happy to state that their contents are highly satisfactory. The excitement had entirely subsided: the people had resumed their ordinary occupations, and had given in their claims for land to the Commissioner to be regis- tered. The party from the other side ofothe Drakensberg had returned to their homes ; and, at the express desire and solicitation of the VolkSraad, Major Smith had moved forward 200 rank and file of the 45th Regiment and two guns to Pietermaritzburg, to afford pro- tection to the peaceful part of the community, whose property wa> threatened with destruction by a small but noisy rabble, who attempted io intimidate and annoy the majority on account of their submission to the British Government. This is the substance of the reports of Mr. Cloete, who expresses himself in the most decided terms in regard to the beneficial results to be anticipated from the change in the feelings and conduct of the people. Major Smith continues to think that their submission has rat her been produced by the force of circumstances than of reason. This is AXXAf.S OF XATAL. 28 7 not improbable : but there seems little ground for apprehending that tiny serious obstacles will no\v present themselves in regard to a peaceful settlement of the country. The troops had been ten days in the occupation of Pietermaritzburg when the " Thunderbolt " left, and had taken up and begun to fortify a position from which the town could be effectually commanded. I shall by the next mail transmit copies of these reports for vour Lordship's information. I hare the honour. &c., (Signed) GEORGE NAPIER. ADDRESS TO THE REV. A. FAURE. THK ELDERS AND DEACOXS OF THK DUTCH REFORMED CHURCH TO THE RKVKIIKXP A. FAURK. [Translation.] Pietermaritzburg, 2nd October, 1843. REVKKEXD SIR, We, the undersigned, elders and deacons of the Dutch Reformed Church at this place, cannot allow this oppor- tunity of our ordinary meeting to pass without heartily welcoming you in writing, on your arrival at this place, and to testify our delight in the interest you have manifested towards us as country- men and members of that church over part of which you have been appointed a shepherd and overseer. We desire, at the same time, to express our heartfelt thanks for the visit you have paid us in this remote region, to preach unto us the Gospel of Christ, and to stir up and encourage in that work our much-esteemed and worthy minister. We pray unto our Lord and Head of the Church, that the seed which has already been so abundantly scattered by you in this place, and which may still be sown, may produce fruit an. hundredfold, that your stay here may have blessed effects, and that you may return with your beloved partner to your congregation with invigorated strength of body, convinced that in the work of your Lord and ours you have also been useful to other congregations amongst your countrymen. We feel assured that, after your return home, you will lend iis your assistance, if necessary, for the interests of the church in this land, and take the liberty of declaring that in such cases we shall not scruple addressing ourselves to you. We have the honour, with highest esteem, to subscribe ourselves, Reverend Sir, your obedient servants, (Signed) S. E. STKKXEKAMP. S. A. CKLLIEKS, E. F. POTGIKTEK, L. J. DE JAGER, G. R. VAX ROOYEX, H. P. R. PRETOKIUS, J. H. BRUWEI;, J. H. R. LEMMEK, E. A. XAUDE, J. BOSHOF. 288 AXXAI.S Of NATAL. DESPATCH FROM SIR GEORGE XAPIEK To THE RIGHT HONOUKAHLE THE LOKD STANLEY, SI:CI;KTAI;V OK STATI:. Government House. Cape of Good Hope. 6th Oct.. her. 1843. Mv LORD, In my despatch Xo. 185. of the IGth ultimo. I reported the results of the meeting of the emigrant farmers held at Pieterma- ritsbnrg on the 7th August last, and stated that I should within a few days again address you upon the subject. I now transmit an extract from the minutes of 'the Executive Council, dated the 21st ultimo, and copies of all the reports of the Commissioner and the Commandant, and of the other documents submitted to the Council, and referred to in their minutes, together with copies of the instructions which, in accordance with their suggestions, have been so clearly drawn up by the Secretary to Government, addressed to Mr. Cloete and Major Smith. These enclosures contain such ample information in regard to the proceedings of the emigrant farmers, the restoration of peace, and the tranquillity among them, and the subsequent movement of troops to Pietermaritzburg, being for the purpose of checking any disposition to turbulence among the disaffected, that I shall not trespass at length upon your Lordship's attention. In my despatch No. 149, of the 'J9th July, I acquainted your Lordship that I anticipated the failure of Mr. Cloete's mission, in consequence of the feeling evinced by the farmers on his first arrival among them, and up to the date of the meeting he seems to have had little hopes of success. From his report of the 8th August, however, you will observe that Mocke and his party made an attempt to remove the present members from the Volksraad, and elect a ne\v Council, composed of persons who would have joined in carrying a declaration of entire independence of the British Government. This attempt was defeated through the firmness of the present members, and through the support afforded to them by Joachim Prinslo, one of the persons excluded from the general amnesty : and on its failure, Mocke and his party desisted from all interference in the proceedings of the Volksraad, and shortly after retired to their locations on the other side of the Drakensherir. I entirely approved of the reasons assigned l>y Major Smith for declining to push forward troops to Pietermaritzburg prior to the date of the meeting; and, independent of these reasons, I think it is a AXNALS OF XATAL. 289 very fortunate circumstance that their submission should have been the result of their own deliberations, and that in arriving at that de- cision they were unawed and uninfluenced by the appearance of a mili- tary force. Any collision would have been much to be deprecated, and perhaps, in the midst of angry discussion, would have been with difficulty avoided; but now, the troops having had time to get into and fortify a strong position, there is little fear that anything of an unpleasant nature will occur ; and if it does, the Commandant will be well prepared to meet the emergency. Seeing, then, that affairs have thus taken a favourable turn, it appears to me expedient not to allow the trade of this district to remain any longer upon the footing it has hitherto been placed, as detailed in the memorandum of the Collector of Customs, which forms one of the enclosures ; therefore, in accordance with the advice of the Executive Council, I issued a " proclamation," making known the provisional arrangements under which the trade of that port would be conducted, pending the ultimate decision of Her Majesty's Govern- ment. To the " tariff " therein referred to, some alterations have been made by my subsequent proclamation of the 3rd instant, in regard to the admission of wine and brandy, the reasons of which I shall explain hereafter, merely observing here, that on issuing the proclamation of the 28th ultimo, the Council were well aware that some modification of the nature now made was necessary, either at present or at some future period. I trust that all the arrangements recommended by the Council, and given effect to by me, in regard to the provisional establishment for carrying on the government of Port Xatal, will meet your approval ; and I beg to assure yon that no time will be lost in bringing the labours of the Commissioner to a close, being fully impressed that it is of the utmost importance that Her Majesty's final decision respecting the future govern- ment of that country should be delayed 110 longer than is absolutely requisite. I refrain at present from touching upon the difference in the statements of the Commissioner and the Commandant in regard to the understanding to which they had agreed, in regard to the move- ment of the troops to Pietermaritzburg, until I shall be furnished with Major Smith's remarks upon Mr. Cloete's letter of the 31st July. Matters being now favourably settled, I apprehend no impediment to the public service from this delay, as their duties are so entirely dis- tinct from each other ; but, to whatever decision I shall eventually arrive, I feel satisfied that, from the labour bestowed in the investi- XVII 2 O ago ANNALS OF NATAt>. gation by the Executive Council, ample justice will be done to the merits of the case. 1 have to apologise for not making separate reports npon the various subjects adverted to in the documents now transmitted ; but the questions are so blended together throughout the whole corre- spondence, that I feared if I attempted to detach them I should occasion more trouble to you than I shall do by including them all in the same despatch. I have the honour, &c., (Signed) GEORGE NAPIER. THE HON. H. CLOETE TO THE HON. J. MONTAGU, SECRETARY TO GOVERNS KNT. CAPE TOWN. Pietermaritzburg, 28th October, 1843. SIH, On the 23rd instant I addressed you a few lines by the *' Pilot," then about to sail for the Cape, in order to acquaint His Excellency with my safe return on the evening of the 21st from the Zulu country, and shall now proceed to impart to you, for His Excellency's information, the full details of this interesting- and successful mission. Immediately after Major Smith had taken peaceable possession of Pietermaritzburg, and the minds of the people here appeared to me to become sensible of the advantages they were already deriving from a more settled government, several weighty reasons combined to urge me to visit the Zulu king, Panda, as soon as possible. In the first place, I found on examination of the books of the Volksraad that they had either not defined, or otherwise had not respected, any settled boundary between this colony and the Zulu country. Claims appeared entered in the book of registry to farms situated for many miles to the eastward of the Tugala River, which had always been represented to me as the eastern boundary of the colony. Another powerful inducement existed in the necessity of awaiting His Excellency's further instructions on the manner of examining into and classifj'ing the lands and farms which I had now to visit and report upon. I had fully detailed in my despatch of the 8th of September last my views on the subject, and calculating that five or six weeks must elapse before I could be favoured with an answer, I determined to fill up the interval by settling the eastern boundary : AXXALS OF XATAL. 291 and, lastly. I was informed that the rainy season, which sets in about the month of Xovember, frequently rendered several of the principal rivers impassable for weeks, and even months, which would have rendered a journey undertaken at a later period of the year extremely tedious, unpleasant, and uncertain in its duration. Induced bv these several considerations, I made the necessary preparations in the beginning- of September, but was delayed for some days by the equinoctial gales and rains, which set in early this year with unusual violence, flooding the whole country, and rendering the rivers around unfordable for many days. The disappointment I had experienced in not having an adequate military escort was amply compensated by the unexpected offer of Commandant Rudolph, who voluntarily offered to accompany me on this tour, and I gladly availed myself of this offer, conceiving that his presence at Panda's would afford him the best proof of the entire submission of the emigrant farmers ; and the effect thereby produced was exactly what I had expected : and another disappointment to which I was subjected (on being informed by Captain Durnford at Port Xatal that by Major Smith's directions he could not allow the interpreter Young to accompany me, unless I left an orderly who had been attached to me ever since my arrival) was also happily overcome by my engaging, at my own private expense, another interpreter a Mr. Joseph Kirkmau of whose ^ability I had received the highest testimonials ; and I am happy to *tate that not only did his perfect acquaintance with the language and the people give me great confidence, but that I feel mainly indebted to the able and zealous manner in which he discharged his duties for the successful accomplishment of my mission. Having further secured the kind assistance and guidance of Mr. D. C. Toohey, who was well acquainted with the people and the country, and who throughout proved of invaluable assistance to me, I left Port Xatal on the 18th September last, and on the 22nd passed the Tugala (which was found fordable), and on the evening of that day we reached the first Zulu kraals, under a petty chief, Fika. The next morning, the 23rd, took us to Tontaleen, a great military kraal (or cantonment), under the chief Catjaan, where a regiment of young recruits, about 500 strong, called the " Inglubis," or "" Young Pigs," was quartered, who gave us the first specimen of a military dance or spectacle. We found the surrounding country almost depopulated, in consequence of the recent flight of Mawa and her followers, who have all fled into the Xatal territory within the last few months, and are now settled down in various parts of this 292 AXNAI.S OF NATAL. colony. On that day ('23rd September) and several following we saw the remains of man 3- extensive kraals, which had evidently been abandoned shortly before, and the whole country up to the Inseleen appeared almost denuded of population, and Panda seemed, by keep- ing up a few kraals near and at Tontaleen, under the principal military chiefs, Monklaas and Catjaan, only to hold possession of a country, otherwise deserted, to cut off the communication of his people with the Natal territory. From Tontaleen I despatched a special messenger to Panda to- announce the object of my intended visit, and continued for eight days crossing a country which gradually became more populous as. we trended to the northward, and which, for apparent fertility of soil and picturesque scenery, is unsurpassed by any in the world. On the 30th September we reached Eslapeen, the capital of the Zulu country, and the present residence of Panda, and on the follow- ing morning I was presented to the king, seated at the upper end of his kraal, surrounded by about tifty of his counsellors. Seven or eight hundred men immediately commenced a war dance, when I briefly stated to him the entire submission of the Natal territory to Her Majesty's authority, and my desire to settle the future boundai-ies between the two countries. He expressed himself much pleased at this intelligence, and promised to visit me in my tent and talk mat- ters over. In the afternoon of the same day he accordingly came, accompanied by about a dozen of his chief counsellors, when I imme- diately proceeded to business by informing him, in the first instance, that all the emigrant farmers at this side of the Draaksberg had formally submitted to Her Majesty's Government, as he might per- ceive by the presence of their Commandant Rudolph with me, and that my object was now, in the name of Her Majesty, to arrange with him, in a friendly manner, the respective boundaries of the two countries. We then proceeded to discuss the several objects connected with the relative situations of the same, and I fully explained to him that to keep and maintain peace between his subjects and those of Her Majesty, a well-defined boundary line (if possible marked by some broad river up to the Draaksberg) was essential, stating that the river Tugala (which I had formerly understood to have been the boundary between the two countries) had not been respected by either party, as 1 had found kraals belonging to him (Panda) on the right bank of the Tngala. while the emigrant farmers occupied and claimed several farms on the left bank. AXXALS OF NATAL. 293 He thereupon commenced to enter into a long statement of his complaints about the defection of his people, and the abduction of his cattle bv them, which he emphatically repeated he had undoubted authority for stating were kept in great numbers by a Zulu chief, Coffejaan. residing near Natal, and began urging me strongly to drive all his runaway people back to his country, and restore his cattle. A long, desultory discussion thereupon took place, which it- is impossible to convey, in the course of which I succeeded in obtain- ing his acquiescence to allow the Tugala to form the boundary until its junction with the Umsingatie (or Buffels River), and from thence northward to the Draaksberg ; Avhile, on the other hand, I assured him that the .authorities in the colony would ever discoui'age every attempt to rob him of his cattle, that he had a proof of this in Major Smith having succeeded not long ago in some, and that he might rest assured that if such cattle could be clearly traced in the possession of any Kafir, every pains would be taken to restore them : apprising him, however, of the great difficulties of such research ; and that, with regard to his people, their influx had already become a matter of serious alarm among the inhabitants of Port Xatal, but that no authority there would venture to force them back to his country against their will. After a lengthened conversation on these and other subjects, which it is unnecessaiy here to repeat, he departed, promising to consult with his indunas, or counsellors, and to com- municate with me further, stating at the same time that he could do nothing without the presence of a counsellor, Mapeta. one of his nearest relatives, who had not yet come to Eslapeen, although sent for. He at the same time invited me to a warrior dance on the next morning at his kraal. I repaired thither about 10 o'clock, with my whole suite, and found about 3,000 men assembled, in five or six regiments, who alternately performed their military evolutions b}- the most discordant yells and horrible gestures. After witnessing this exhibition for upwards of two hoars I departed, urging him again to proceed to business, which he again evaded on the plea of waiting for his relative Mapeta. I then at once informed him that my business could admit of no delay ; that I had fixed until the Thurs- day following (the 5th October) for my stay at that place, and I was determined to depart on that day, whatever might be the issue of our discussions. He tried to induce me to prolong my stay, and began pressing me on the subject of presents, which he said he was accustomed to receive ; but finding me determined in the date fixed for my return, and that I was equally determined not to make him 294 A-XXALS OF NATAL. any presents until the moment of my departure, and to regulate them somewhat by the terms on which we might .separate, he promised to resume business the next day, whether his relative Mapeta arrived or not ; nor did this person appear afterwards ; and on the next day ten or twelve of his indunas came down to my tent, unaccompanied by Panda, stating that they were authorised to make the preliminary arrangements with me, subject to the king's approval of their proceedings. As the indunas laid much stress on their statement that Panda had several kraals on the right bank of the Umsingatie (or Buffels River) which he did not wish to disturb, to guard against the possi- bility of any misunderstanding hereafter, I determined to commit to paper the precise tenor of our arrangement, which I informed them I should wish to have attested by the king, and which would there- upon be transmitted to Her Majesty, in order to obtain her approval or sanction ; and the interpreter, Mr. Kirkman, accordingly repaired to the king, and in the presence of his whole council interpreted every word of the sketch I had drawn of the proposed treaty, with which Panda expressed himself perfectly satisfied, and promised to come down the next da}' to sign and confirm the same on his part. On Wednesday he again invited me and my suite to visit his " Incosla," or private apartments to call them a palace would be a mockery where AVC saw twenty of his wives decked out with beads in the most profuse and gorgeous manner from the head to the knees, chanting a most monotonous chorus in praise of their king, and going through a measured tramp or tread, having their bodies bent in abject submission before their lord; and it was truly a distressing sight to witness the degraded state in which there (as throughout the whole 'country) the female sex is kept, thus clearly affording the strongest proof of the state of barbarism in which the whole popula- tion is at present sunk. On the following morning (Thursday) I was early surprised by a message from the king, to the effect that he had just received intelligence of a horrible murder and robbery of cattle committed by some Natal Kafirs at one of his kraals near the Iiiseleen: that he was much displeased at such intelligence, showing as it did that his people were not a moment safe from such inroads, and urging me again to promise to drive all his runaway Zulus out of the Natal territory. I immediately expressed my abhorrence of such an act, and stated that I would on my return make a strict enquiry into the commission of the crime, and, if the guilty persons could be traced and identified, I assured hint that they would be given up to AXXAL* OF NATAL. 295 be dealt with according to their laws, or would be punished according to ours, but that I could not drive back any of his people who had once fled from his countr y to escape from his tyranny ; that he ought to^be fully aware that it was entirely owing to the cruel treatment experienced by his subjects that they fled from his into our country for protection, but that I had no authority whatever in those matters, and that with Her Majesty alone rested the power of deciding on the future fate of these people. I, however, informed him that this intelligence could make no difference to the arrangements for my departure, which remained fixed for noon on the following day Shortly after my answer to his message had been despatched back, Panda arrived at my tent, accompanied by about twenty of his prin- cipal indunas, when, after much discussion on the subject of the intelligence he had just received, he signed the documents which had been previously submitted, and were then again interpreted to him ; and I again repeated to him that the purport of these documents thus drawn up by me was entirely subject to the approval of Her Majesty, who would, if approving thereof, direct their being carried into effect ; and I proceeded at once to give him about forty pounds sterling worth of presents, consisting of blankets, baize, beads, and various other articles, with which he expressed himself highly pleased. He added a request for a gun, with some ammunition, which I also pre- sented him with. He then again pressed me for a file, as the only manufactory carried on under his orders consisted in making rather clumsy but showy brass armlets, which are distributed by him to his principal warriors. Xot having such an instrument, I promised to provide him with one if he sent a messenger for it, while he in return promised to give some elephant teeth on my journey back, which I received afterwards from his chief captain, Catjaan. All the arrangements for my departure having been made in the meanwhile, I left Eslapeen at noon on the same day. As I had promised Panda, I felt it also my duty to act upon the commission held by me as a magistrate, under the act passed in the 6th and 7th year of his late Majesty. I determined upon making a con- siderable detour to repair to the spot where the murder and robbery had been committed. On the 8th October I reached one of Land- rilla's kraals, near which, in an isolated and thorny glen, I inspected the dead body of a young lad about thirteen years of age, whose neck had been most frightfully cut, nearly severing the head from the trunk, and I instituted immediately the necessary preparatory examination to endeavour to trace the perpetrators of this horrible deed. 296 AXNAT.S OF NATAL. After taking 1 all the evidence obtainable at and near the spot, I continued my journey to St. Lucia Bay, through an indescribably tine country, and on the llth October reached, with the wagons, the kraal of Umcaboca, the chief of the Lukoela tribe, occupying the territorv bstween the mouth of the Umslatoes and Umvaloos Rivers. This tribe had been subdued by the Uurtittas, an adjoining tribe, situate to the northward, and both these were conquered by Chaka. since which time Umcaboca admitted that he had been subject to the Zulu power. He, however, evidently considered this very little more than a nominal allegiance, and the death of Panda, on the breaking np of his power (already daily diminishing) will soon restore these tribes to independence. The chief appeared to be an indolent, pampered being, measuring nearly 4 feet 6 inches round his naked waist. I devoted the 12th to an examination of St. Lucia Bay, and. leaving my wagons, had to travel for about ten miles on horseback, through a dense forest, with which a range of sandy hills, about 400 or 500 feet in height, is covered along the whole coast line, and during the last five or six miles these hills presented the only barrier to the Umvaloos River, which there flows in a bed about 200 yards in width, nearly in a north-easterly direction, until it empties itself into the sea. We at last, after a very toilsome ride, reached the mouth of the Umvaloos, which as a bay disappointed my expectations. We saw it at dead low water, and it thus presented the least favourable aspect. The channel directly communicating Avith the sea is not more than thirty yards wide, and a heavy surf on the bar seemed to render any communication with the ships difficult and dangerous. Umcaboca afterwards assured me that boats had entered the mouth not very long ago. Not having any means of examining the bar, I must content myself with merely expressing my opinion that in its present state it would be hazardous for any vessel to attempt enter- ing, although the Umvaloos River would afford them perfect anchorage inside, but that the whole appearance of the coast and of the country around warrants the inference that the bar at its mouth has gradually been formed by reason of the vast extent of land which is overflowed at every rise of the Umvaloos before it disembogues its superfluous waters into the ocean. From the beach, the high mountains throughout the Zulu country are not even visible. Hundreds of square miles around appear but a te\v feet elevated above the ordinary bed of the Umvaloos. This tract AXXALS OF XATAL. 297 of country everywhere exhibits traces of being almost ahvays flooded, and thus uninhabitable in its present state ; but if this mighty stream could be confined within its bed, there appears no reason to doubt that it would soon carry away the present sandy bar at its entrance, which is only elevated a few feet above low-water mark. I feel it my duty to throw out these observations rather to excite than satisfy curiosity, for such is the fertility of the soil and healthiness of the country to the westward, and such the political state of the country, that it cannot be expected that this extensive territory can long remain unnoticed by European Powers, who all appear desirous to throw off their superabundant population. I should, therefore, hope that these observations will serve to draw the attention of Her Majesty's Government to this object, and that an examination by one of Her Majesty's steamers may soon put the Government in possession of full and correct information on this important point. On my return from St. Lucia Bay, I continued visiting a very large estuaiy formed by the mouth of the Umslatoes, about fifty miles to the westward of the Umvaloos, and, recrossing several other streams in the Zulu country, passed the Tugala ford on the 19th, and on the evening of the 21st reached Port Xatal, after an absence of only one month and three days ; and on the third day after my arrival the " Rosebud " reached the Port with the answers to my several des- patches of August and September last, having thus exactly filled up the space of time, during which I was necessarily placed in some state of suspense before proceeding with my enquiries into the titles of lands and farms throughout this country. Having thus given a full detail of my journey and proceedings in the Zulu country, I shall take leave to offer a few remarks on the state of that country, as immediately affecting the interest of this colony. Xothing struck me more forcibly than the recent traces of the abandonment of the country along the coast by its former inhabitants, and the symptoms of the approaching fall, or decay of the power of Panda. The system of the indiscriminate destruction of entire kraals, which he appears to have pursued of late, has now caused such a dread throughout the country that the people, hearing from every trader and his followers the comparative safety and com- fort of those who have sought refuge in this colony, have already flocked by thousands within our limits, and the remainder are pre- pared on the least alarm to fly to this country. I forcibly (but I fear with little chance of convincing) impressed upon Panda the natural and irresistible consequences of these acts 2g8 AXXALS OF XATAL. of tyranny, and that a continuance of this system must lead to this colony becoming inundated by a mass of f agitives, whose numbers in the last few years have already increased to such an extent as to become a serious source of alarm to the inhabitants, requiring an early attention both of the legislative and executive government. The horrible murder and robbery committed by some Port Xatal Kafirs during my journey (a report of which reached Panda on the very day fixed for the signing of the boundary treaty) had well-nigh involved me in considerable difficulties with the king; and nothing but the determined manner in which I had fortunately prevented any of these Kafirs accompanying my wagons (which circumstance hail been reported to the king) prevented him from mixing me up in .some degree with these outrages. From this occurrence, and the number of Port Natal Kafirs whom I afterwards met in the Zulu country, it appears evident that no friendly relations will be long kept up with that country, unless every possible effort is made to check the present rage which prevails among the Zulus about Port Xatal to make inroads in o the Zulu territory. This might be easily prevented by compelling every one entering that country to provide himself with a pass or licence for so doing ; and these passes should recite the object for which the holder desires to visit the Zulu country. Without some such regulation, the Zulu country will for ever be exposed to the lawless incursions and aggressions of the inhabitants of this colony, both white and coloured : these inroads will immediately lead to retaliation, and the miseries of the Eastern colonies of the Cape Colony will be repeated here with fearful effect. In regard to the treaty with Panda which I have effected, sub- ject to the approval of Her Majesty's Government, 1 shall also take leave to observe that the policy of keeping on a friendly footing with so powerful a chieftain, in the present unsettled state of the whole country around, is so obvious that I cannot but hope it will merit the approbation of Her Majesty's Government, by my having thereby obtained the surest pledge for his keeping at peace with Her .Majesty's subjects who may visit his territories, and without any sacrifice, promise, or compromise whatever on my part, and more particularly in my having obtained his acquiescence to this colony now enclosing within its limits the most valuable tract of country which in the opinion of the inhabitants could be annexed to it, inde- pendent of the security which it affords to the communication from this colony into the interior of Africa. To make this better understood, it is necessary to state that the ANNALS OF NATAL. 299 t\vo brandies of the Tugala, called the Great and Little Tngala, arise to the westward of north of this town, and that their courses for nearly forty or fifty miles are nearly east before they join the L msingatie, or Buffels River (a very strong stream, tributary to the Tugala). which has a course due south, and joins the latter at a distance of about sixty miles from the sea. The distance between the Umsingatie and the Tugala at their respective sources is nearly sixty miles, including (as I am informed) the most (if not only) healthy tract of country for sheep, and land of surpassing fertility, and will thus form an invaluable appendage to this colony, by being situated to the south of the Draaksberg, and thus perfecting the square or parallelogram which may be con- sidered the present form of this colony. I have thus succeeded within the brief space of one month in laying the foundation of a friendly intercourse between the two countries, in obtaining the best pledge from the Zulu king as to his peaceable conduct, and in defining the respective boundaries so as to prevent the future clashing of the inhabitants, and include a valu- able tract of country within its limits. I have the honour, &c., (Signed) H. CLOETE, H.M. Commissioner. ARTICLES OF A TREATY MADE AND ENTERED INTO BETWEEN AND SIGNED BY THE UNDERSIGNED, PANDA, KING OF THE ZULU NATION, ox THE ONE PART, AND THE UNDERSIGNED, THE HON. HENRY CLOETE, L.S., LL.D., IN HIS CAPACITY AS HKI; MAJESTY'S COMMISSIONER FOR THE TERRITORY OF NATAL, ON THE OTHER PART. ARTICLE FIRST. There shall be henceforth, and for ever, peace and friendship between the undersigned, King Panda, and his subjects, and Her Majesty Queen Victoria and all Her Majesty's subjects. ARTICLE SECOND. It is hereby agreed between the undersigned that the respective boundaries between the territory of Xatal and the Zulu nation shall be defined at the sea line by the mouth of the river Tngala, and from thence upwards until the junction of that stream with the river Umsingaatee (or Buffels River) ; from thence upwards by the said river Umsingaatee (or Buffels River), or such other boundary line 300 AXXALS OF NATAL. along or near its banks as may at any time hereafter be fixed upon by the undersigned, Her Majesty's Commissioner for the Territory of Natal, or such other Commissioner or Commissioners as Her Majesty may specially appoint, and by ariy two Indunas or Commissioners whom the undersigned Panda, King of the Zulu nation, may appoint for that purpose ; and from thence northward to the foot of the Quathlamba (or Draaksberg) Mountains. ARTICLE THIRD. The undersigned, Panda, King of the Zulu nation, hereby agrees and binds himself to direct Koedoe, the captain of certain kraals placed by the late King Dingaan on the right bank of the Tugela, and all such other captains or chiefs of kraals as may be found to come within the boundaries of the territory of Natal, hereby fixed and determined, to be removed from their respective stations ; The undersigned, Her Majesty's Commissioner, for and on behalf of Her Majesty, hereby agreeing and consenting to allow them to remain until their present crops shall have been reaped, and then to take with them all their lawful effects and property. Thus done, agreed upon, and confirmed by the signatures and marks of the undersigned, King Panda, and the undersigned, Her Majesty's Commissioner, at the chief town of Eslapeen, on this fifth day of October, in the year of our Lord one thousand eight hundred and forty-three, in the presence of the undersigned witnesses. This is the mark of the King PANDA + made by himself. This is the mark of the Induna UMWAXKLAUXA 4- made by him. This is the mark of the Induna UMKONDA.MJK + made by him. (Signed) H. CLOETE, H.M.'s Commissioner. As witnesses : (Signed) D. C. TOOHEY, C. J. BUISSIXXK. This document has been faithfully interpreted from word to word by me to the King Panda, who declared fully to understand and approve of the contents thereof. (Signed) J. KHIKMAX. A true ropy: (Signed) H. Ci.OKTK, H.M.'s Commissioner. ANNALS OF NATAL. 301 HER MAJESTY'S COMMISSIONER IN NATAL K. H. CLOKTE) TO THE HON J. MONTAGU, SECRETARY TO GOVERNMENT. Pietermaritzburg, 29th October, 1843. SIR, In my letter of the loth of August last, I had the honour to acquaint you, for the information of His Excellency the Governor, that for some time past I had heard that an attempt had been made by some of the emigrant farmers from beyond the Draaksberg to open a communication with the sea by the St. Lucia Bay. I also learnt shortly after my arrival here that one Johannes de Lange, living near the Tugala, had been despatched by the Volksraad last year to explore the country around that bay ; and from the manner in which that intelligence was casually obtained by me, I was not without apprehension that the adventurer Smellekamp, supercargo of the Dutch schooner " Brasilia," would have endeavoured, and might have succeeded, to communicate with the emigrant farmers beyond the Draaksberg by effecting a landing in that bay. This induced me to avail myself of my visit to the Zulu king Panda to obtain every possible information as to the facilities which that bay afforded for a communication with the sea; and in my first conversa- tion with Panda, I endeavoured to procure such intelligence, but the result appeared then rather unsatisfactory. Panda admitted that he knew that this bay (which by the Zulus is simply known as the mouth of the Umvaloos River) had been visited by Johannes de Lange, and also that boats had entered that river from the sea, but further particulars he appeared either unable or unwilling to impart. After our discussion as to the boundary line had progressed in such a manner as to impress me with the prospect of securing that primary object, I threw out to Panda that, although Her Majesty was by no means desirous to extend her territorial possessions, it would be desirable, both for the security of the Natal territory, and for his own interests, that all access into his dominions should be closed to other European nations, whose spirit of enterprise and colonization would soon be drawn to these regions. I therefore pro- posed to him to vest the sovereignty of the mouth of that river and the bay there situate in Her Majesty, who would thus be enabled to prevent any Foreign Power from forming any settlement there. Panda at first made some objection to the proposal, on the ground that he did not wish any European colony being formed at that end of his kingdom, where he admitted that the inhabitants were not 302 AXXALS OF XATA1,. very faitliful in their allegiance ; but upon my assuring him that the cession of this bay was an idea which had entirely originated with myself, and that I had merely mentioned the subject with a view of securing both countries from being unlawfully visited by adventure i > of anv foreign countries, and that to give him the best assurance that this was my only object, it might be left to any persons here- after appointed by Her Majesty, and by him, to fix the limits of the bay so ceded, he promised to consider this point, and to consult with his indunas on the proposal. The day after our interview, a body of these counsellors called and declared they had expressed themselves to the king as favourable to this cession, conceiving that it would be desirable to pi-event all intercourse with or access to other nations. Upon this declaration, I proceeded to draw out a deed, ceding all right and title to the bay situate at the mouth of the Umvaloos to Her Majesty, subject to any future arrangements that mio-ht be made hereafter as to the extent of the land surroundiiiLr o the bay thus ceded to Her Majesty. This document was afterwards fully and faithful!}' interpreted to Panda, who expressed himself perfectly satisfied with the terms of this cession, and he subscribed the document, together with the treaty fixing the boundaries of the respective countries. In thus securing for Her Majesty the posses- sion of this entrance into the South Eastern part of Africa, His Excellency will feel that my sole object was to render complete the pacification of this country. So long as the emigrant farmers beyond the Draaksberg still continue in an insane struggle for independence. and are (I grieve to think) encouraged by a few wicked and desperate characters, who are still allowed to 7-eside within this territory, and so long as they can indulge the hope of being pro- vided with ammunition and other necessaries (to them) by keeping open some communication with the sea, so long will it be impossible to expect the inhabitants of this colony to be entirely free from the contamination and excitement prevailing around them. By this cession, Her Majesty is enabled now to command every port and creek from Delagoa Bay to the Oiunge River, and effectually to exclude every Foreign Power from intermeddling with these tribes. The unhealthiness of the country around Delagoa Bay has been experienced by some of those who already attempted some years ago to advance in that direction ; and so many lost their lives that I do not think that any emigrant fanners will ever again endeavour to .settle in that neighbourhood. There is still another consideration which strongly urged me to ANNALS OF NATAL. 303 secure the entrance to that bay to Her Majesty. The whole extent of country along the coast now forming part of the Zulu country has of late become almost entirely depopulated by the defection of thou- sands of natives, who have fled into this country. Panda evidently endeavours to keep up some military kraals near the Tugala still to hold the country ; but a single defeat, or any of those revolutions to which so sanguinary a chief is subject, will at once render this country free from the Zulu tyranny. The small tribes now still remaining will then resume their desultory warfare, followed by destruction of their lives and means of subsistence, and the atten- tion of some European Power will immediately be drawn to a spot which, for beauty, fertility, and healthiness, f ally equals this colony. I aru aware that even in various parts of Germany the country around this has been represented as holding out every inducement to emigrants ; and should a colony there be foi-med of persons not subjects to Her Majesty, it will be impossible to conceive all the difficulties with which the administration of this country will be beset. Impelled by these considerations, I took upon myself to secure to Her Majesty the legitimate power of commanding the only entrance by which the emigrant farmers might still communicate with the sea ; and I hope that in so doing I shall meet the approba- tion of His Excellency and of the Government. This acquisition having been obtained without any sacrifice whatever, and tending as it necessarily will do to give stability and security to this colony, now becomes a most valuable appendage to Her Majesty's dominions. I have the honour, etc., (Signed) H. CLOETK, H.M. Commissioner. [Enclosure.] C O P Y O F T K K A T V . I, the undersigned. Panda, Chief and King of the Zulu nation, do hereby declare to cede all right and title which I heretofore had to the mouth of the River Umvaloosi and to the bay there situate, t< and in favour of Her Majesty Queen Victoria, or the lawful Sovereign of Great Britain for the time being, for ever, with full liberty to visit, land upon, and occupy the shores along the said bay and mouth of the said River Umvaloosi, the undersigned hereby agreeing and consenting to appoint, whenever he shall be thereto requested, two Indunas or Commissioners for the purpose of defining and fixing 304 ANNALS OF NATAL. the limits and extent of the seashore so ceded and given up to Her Majesty Queen Victoria, or the lawful Sovereign of Great Britain for the time being. In witness hereof, I have hereto affixed my mark, at my chief town, Eslapeen, on this the fifth day of October, in the year of our Lord one thousand eight hundred and forty-three, in the presence of the undermentioned witnesses. The contents of this document having been fully explained to and fully understood by me. This is the mark of the King PANDA + made by himself. This is the mark of the Induna UM \VA\K LA UNA + made by him. This is the mai'k of the Induna UMKONDAMIK + made by him. Witnesses : (Signed) D. C. TOOHEY, C. J. BUISSINNK. This document has been faithfully interpreted from word to word by me to the King Panda, who declared fully to understand and approve of the contents thereof. (Signed) J. KIRKMA.V. A true copy : (Signed) H. CLOETE, L.s., H.M. Commissioner. HER MAJESTY'S COMMISSIONER, NATAL, To THE HON. J. MONTAGU, SECRETARY TO GOVKI;.\MK\T, CAPK TOWN. Pietermaritzbnrg, 3rd November, 1843. SIR, I have the honour to acknowledge the receipt of your several letters of 29th September and 6th and llth October last, received by me successively by the " Rosebud " and " Mazeppa," and shall now proceed to answer the important topics therein contained. In answering the first, dated the 29th September, I must premise by expressing my satisfaction that my conduct towards accomplishing the pacification of this colony has met with His Excellency's approbation, and merited the expressions with which that approbation has been conveyed by you. As His Excellency has, however, thought it just to suspend his opinion on a discrepancy between my statement and that of Major Smith in regard to march- ANNALS OF NATAL. 305 ing troops to Pietermaritzburg. I shall merel}* beg to express a hope that His Excellency, having furnished Major Smith all my state- ments, will with equal justice favour me with those of the Major, so that I may be enabled to judge in what that discrepancy exists, or to offer such explanation as may possibly remove any apparent con- tradiction ; for, however widely we may have differed in our opinions regarding that movement, I can hardly conceive that any material discrepancy can exist touching the facts of the case. His Excellency having been pleased, by a proclamation of the 28th of September last, to place the trade of this colony upon a sound footing, and by the appointment of proper officers to secure an efficient collection of the custom dues, I duly communi- cated to the Volksraad the measures which His Excellency had adopted in that regard, as also the directions with which I had been honoured in respect to the regular payment of the salaries of all persons employed here as public sei-vants. I received an answer (copy of which is hereunto annexed) which evidently shows the favour with which my communication had been received, and a list of persons employed as public servants (including therein a pension of forty-five pounds to a missionary, Erasmus Smit, who for many years had officiated here as minister), was transmitted to me. The whole of these salaries amount to the sum of three hundred and twenty pounds and ten shillings sterling ; and, availing myself of His Excellency's authority, I increased the very inadequate salaries of the Landdrost of Pietermaritzburg and of the Secretary to the Volksraad by fifty per cent., and made such other trifling increases in the salaries of others as to make their civil list amount to the sum of four hundred and twenty-eight pounds sterling. This does not include the increased establishment of the police force here, the landdrost having informed me that he had some difficulty in finding proper subjects ; so that, setting apart a sum of thirty-six pounds sterling for the additional constables he proposes to employ, will bring the entire civil establishment to the sum of four hundred and sixty-four pounds sterling. I shall transmit the list to Major Smith the moment the two additional constables have been reported to me, so as to enable him to pay out their salaries as directed by His Excellency. The Landdrost of Pietermariteburg and the Secretary of the Volksraad have both requested from me to allow their salaries to be drawn from the first of July last, as they had not received a fraction of pay from that period ; but I declined holding out to them any 2 v 306 AXN.U.S OF XATAL. promise to that effect without His Excellency's sanction. If His Kxcellency thinks proper to entertain such an application, I would beg to submit that the period fi-om which these functionaries might be paid should be from the first of September last (the month follow- ing the declaration of submission by the Volksraad). This would increase the amount by 71 6s. 8d. sterling, still making the expen- diture of the salaries little more than one-half of that contemplated by His Excellency. Mr. Erasmus Smit (as a pensioner) might perhaps be con- sidered as not coming under the designation of "public servants" in employ ; but I also take leave to submit to His Excellency that it has been reported to me, upon inquiry made, that this indivi- dual (who followed the first emigrant farmers to this colony, and ministered to their religious wants until succeeded by the Rev. Mr. Lindley) is a person of infirm health, great age, and totally destitute, and upon this representation I have been induced to allow his amount of pension to remain, subject to His Excellency's approval. I have duly forwarded to Joachim Prinslo and to Michael van Breda copies of His Excellency's proclamation, which 1 have no doobt will have a most salutary effect in promoting the tranquillity of the District of Weenen, which * I regret to state has been somewhat disturbed by the late intelligence com- municated to them by Smellekamp that he had arrived at Delagoa Bav, and that the clergyman Ham was there, ready to come to the emigrant farmers. This has again been made a handle of by some wicked and evil-disposed persons to thwart the Rev. Mr. Faure in his praiseworthy efforts for their spiritual welfare; and I regret that, having issued my public notices to all persons to bring in all claims to lands throughout this whole colony at tins place on or before the loth of December next, I am [thereby prevented from repairing to the spot to allay that ferment. The Kcv. Mr. Kan re has addressed to me a letter, stating the difficulties he has experienced, and soliciting my advice as to his future movement.-. I have, therefore, recommended him still to await this month for any application that may be made to him to repair to that district : hat should this be delayed, to return to Port Xatal by the tirst of December, where (from a letter received by me from Captain \V\\illj. 1 understand that Her Majesty's ship " Cleopatra " is likely to touch about that time on her voyage to Simon's May. as 1 am anxiou* to secure to the reverend gentleman and his lady a comforlahle passage, whicli I AXXALS OF XATAL. 307 make no doubt, from the kindness I have experienced of Captain "Wyvill, he will readily and kindly grant them. I shall also communicate to Gert Rudolph the sentiments con- veyed in the concluding part of your letter of the 29h September last. In now proceeding to answer your letter of the 6th of October last, I have to express my thanks to His Excellency for having entered in some measure into the Views fully set forth by me in my report accompanying the address of the Volksraad as to the future institutions of -this colony. I feel assured that I shall now be enabled to classify the various claims to lands in such a manner as to ensure perspicuity, to enable His Excellency at once to look into the real merits of each case, and thus to recommend such as may be deemed worthy of a favourable consideration. Several persons have already filed their claims, to whom 1 have imparted the precise tenor of His Excellency's decision in respect to those claims which are doubtful, y the respectable authority of Captain dardiner, who in his " Narrative of a Journey to the Zulu Countrv '' computes their numbers at about two thousand and five hundred. The.se original inhabitants of the soil soon placed themselves and ANNALS OF NATAL. 3 1 1 their descendants under the protection of Europeans resident at the port ; and in this manner Messrs. Ogle, King, Cane, Fynn, Toohev, Dunn, and various other British emigrants, became the chiefs of most of these natives, who still voluntarily acknowledge their state of vassalage to such of these Europeans as are still resident here ; and they are settled down tipon lands claimed or occupied by them. Independent of these parties, there were scarcely a few hundred Zulus in the whole Natal territory south of the Draaksberg. These were found by the first emigrants dying from want and starvation. I have endeavoured to procure every possible information as to the names, abodes, and members of the remnants of these several tribes, and I have succeeded in obtaining the annexed list, which (I believe) fully sets forth every particular which it may be important for the Government to know. Independent, however, of these parties, who may be considered the descendants of the aboriginal natives of this country, a most alarming influx of Zulus has taken place, chiefly within the last three or four years, occasioned by -the system of indiscriminate murder pursued by Dingaan and, till within a very few months ago, Panda himself. It is impossible to form a correct estimate of their numbers ; but, from the best information I have- been able to collect, they have been computed to amount at least to between eighty thousand and one hundred thousand; and the denuded state of the Zulu country along the coast line, exhibiting everywhere large tracts of country now entirely depopulated, and the yet recent traces of a dense population, would appear to confirm this statement. The murders of Van Rooyen and Oosthuysen in the month of July, 1842, the plunder of a large quantity of cattle by the Zulus, and the generally unsettled state of the country also, drove the emigrant farmers to concentrate themselves near this place, or to occupy in considerable numbers a few places lying open and easily defensible ; and the consequence has been that these Zulus, as they met with no opposition anywhere, have settled themselves down upon every desi- rable plot of ground where cultivation was easy, and, allured by the particular security and encouragement they met with near Port Xatal, every hill about the country immediately surrounding that place has become filled with numerous and extensive kraals, who have of late cultivated large tracts of land, and find a ready market for the sale of their produce; and I must further add that, with the exception of the plunder of cattle which they have committed in various places near this during the commotions f om June to August last, the complaints have of late been exceedingly few : and if the 3 I2 AXXALS OF NATAL. males could be gradually induced to exert themselves, not leaving 1 the whole labour and drudgery of the Held to women and children (as they invariably do at present), that a more useful, tractable, and inoffensive race could not be found anywhere than these Zulus. Having premised these data and facts, I feel it my duty to report to His Excellency that I do not see sufficient grounds for recom- mending Her Majesty's Government to adopt the suggestions of the Volksraad as set forth in the accompanying resolutions. It is therein proposed to remove one part of the Kafirs (without distinc- tion) to lands situate between the Umsingatee (or Bnffels River), now declared the eastern boundary of the colony, and the Tugala, and the other to lands to the westward of the Umzimvoobo. My reasons for dissenting from the suggestion of the Volksraad are the following : First. It appears to me that the removal of so large a mass of population from various parts of this widely extended colony would be attended with almost insuperable difficulties. In numberless instances it could not be accomplished without compulsion ; and by settling down at once forty or fifty thousand persons of all ages and both sexes upon a yet uncultivated soil, would entail (I fear) great miseries and hardships upon them in the first instance. Second. The location of such vast numbers brought together would require very extensive tracts of country, to provide not only for themselves, but prospectively to secure a competency to the rising generation. These tracts of country could not be given up between the Upper Tugala and the Umsingatee without dispossessing several emigrant farmers who are already in the occupation of some valuable farms in that district ; while it is notorious that the further (or right) bank of the Umzimvoobo forms part of Faku's territory, and that he actually resides on this (or the left) bank of that river. Their removal thither could not, therefore, be accomplished without an encroachment upon Faku's territory. Third. The Volksraad seem to betray some inconsistency in their very suggestions. They appear inclined to limit the number of Kafirs in the employ of each farmer to five males with their families : while I would humbly submit that if farmers continue to require this class of labour, there seems to be no just reason why the indus- trious and wealthy farmer, cultivating extensively, should be limited to only five male servants, and should not avail himself of the means of obtaining as much labour as the wants of his farms might require. Fourth. But there is a much stronger reason than any of the .\.\N.\LS OF XATAL. 313 foregoing for refusing the application of the Volksraad. By huddling together so vast a population as forty or fifty thousand people on one location, it is evident that they will fall back to their natural and lawless habits ; this would soon lead to their having chiefs or leaders of their own, whose influence over such numbers might become dangerous to the colony, while the difficulties of the missionary or the Government to improve their habits and customs will be increased tenfold. Their moral improvement and civilization will be retarded by a century, and the rapid increase ot population, which under such favourable locations would soon take place, will only ren- der every subsequent interference of the Government dangerous, and the labours of the missionary extremely precarious and uncertain. Having now submitted my objections to the plan proposed by the Volksraad, I shall do myself the honour to submit for His Excellency's consideration a project which appears to me to obviate all the foregoing difficulties, to secure a happy residence and the means of competency to the Kafirs generally, and which will stil 1 meet to a great degree the fears of the emigrant farmers, and of a constant clashing of their interests, which cannot fail to take place soon, and will therefore require the immediate attention of thf Government to prevent the most disastrous consequences. To come to a correct view of the claims of the Zulus, it appears to me just that a distinction should be made between those who wpi-f originally found in the country, who continued to occupy lands us their own, and have thus a claim to those lands, and such other Katirs who are but late deserters from the Zulu country, and have fled into this colony within the last two or three years, having taken away much cattle from the Zulu country, and who are now settled down on any spot which they happened to have found unoccupied, notwithstanding eveiy effort made by the emigrant farmers to pre- vent or check this influx. With regard to the first, their right is incontestible to the land occupied by them and their forefathers. I would, therefore, propose that those kraals should be correctly inspected and examined (it is impossible for me, Avith my other duties, to devote any time to so minute an enquiry), and that according to the number of kraals occupied by these aboriginal inhabitants (according to the annexed list, or if this list be found inaccurate, then according to more correct data), certain tracts of land should be inalienably vested in the chiefs of such kraals, or their descendants, in trust for the use and behoof of all the inhabitants of snch kraals as tenants in common. 3*4 AXXALS OF NATAL. In regard to the far larger number of intruders in this colony, it is equally just, so long 1 as they cannot be refused admission into this country without endangering their lives, that Her Majesty's Government should have and exercise the undoubted right of locating them in such manner as may be consistent with the general interests of the country. To carry out this principle, I would take the liberty of suggesting that the future Government here should establish in several districts in this colony six or more locations, keeping them, if possible, a little way removed from the contaminating influence of the chief town and the port. Dr. Adams, of the American Hoard of Commission for Foreign Missions, has for some years past super- intended one institution, situated at the Umlaasie, which (I am infoi-med) has no less than ten or twelve thousand inhabitants. From the very efficient manner in which this institution has been kept. and from the zeal and ability displayed by Dr. Adams in super- intending so vast an establishment, I would take the liberty strongly to recommend, not only that this establishment should be kept up, but that every encom-agement should be given to Dr. Adams to con- tinue his zealous labours. Two other locations along the coast might be established : one near the Um/.imvoobo, and a third on the banks of the Tongaat or the Umvoti Rivers. The Rev. Mr. Grout, an American missionary, driven by the murderous atrocities of Panda out of the Zulu territory, has taken a temporaiy residence on the right bank of the Umganie. and has endeavoured (though as yet with little success) to imprint some religious notions and moral principles on the numerous Kafirs occupying the country around. The vicinity of that establishment to Port Natal will ever render the moral improvement of these ignorant and lawless beings more than doubtful ; and I would, therefore, recommend the removal of that station to the Tongaat or Umvooti, ten or twelve miles more to the eastward, as T feel weighty reasons for submitting for the considera- tion of His Excellency that these stations should not be fixed on the very borders of the Zulu country. There are two vices, I fear, too deeply rooted in the disposition of the Zulu to be easily eradicated- -the first is the plunder of cattle, and the next abduction of women. During 1113* rapid progress through the Zulu country. T witnessed numerous instances of the latter, and a fearful exhibition of the former propensity; and unless the facilities of constant inroads are checked, it will be impossible to expect that frontier to be for any time in a state of secur^ ; while it is self-evident that the aggressions will ever originate with the Zulu A.N -\AL.S OF NATAL. 315 refugees now in this country ; for, having left their numerous con- nections behind, smarting under injuries recently inflicted upon them, they are but too prone to give vent to feelings of revenge and hostility ; and for this reason it appears to me highly inexpedient that they should be located near the eastei'n boundary line. Independent of the three before-mentioned stations at the Um- laasie, the Umzimvoobo, and the Tongaat or Umvoti, a fourth might be fixed at the upper sources of Umkomas, a fifth at the Great Bush- man's or Mooi River, and a sixth at the upper end of the Great Tugala. The adult males belonging to each station might be distin- guished by a plate or medal (of which they are very proud), with the number of the station to which they belong, and entire liberty might then be allowed them to enter into contracts of service with neighbouring farmers, subject to the approval of the superintendent of each station ; and I would further suggest that at every station a person of known humanity and active habits should be appointed by Government as the superintendent thereof, whose duty it would be to report monthly all his proceedings to the Government. Having devoted much attention to this subject, and made every enquiry from the most respectable authorities to guide me in my opinion, I feel a perfect conviction that the system now recommended will lay the sure foundation of a gradual improvement in the habits and morals of this benighted people ; that it will insure the best pro- tection of their interests ; that an effectual check will be created to prevent the occurrence of an outbreak or rising among them, which might endanger the tranquillity of the country ; and that slowly but surely their races will become so amalgamated with the present European population as to deriA r e every possible advantage from that intercourse, without (it is hoped) falling a prey to the vices and habits which an unlimited intercourse with the Europeans is but too apt otherwise to engender. I have the honour, &c., (Signed) H. CLOETE, H.M. Commissioner. MAJOR SMITH, NATAL, TO THE HON. J. MONTAGU, SECRETARY TO GOVERNMENT, CAPE TOWN. Pietermaritzburg, 14th November, 1843. SIR, Lhave the honour to enclose, for the consideration of His Excellency the Governor, copies of certain letters which have passed between Her Majesty's Commissioner and myself on the subject of a 316 AXXALS OF NATAL. claim made by the Zula chief Panda, and which upon a mature con- sideration of the question I have not thought it right to accede to. As these letters, however, only partially detail my reasons for coming to the decision referred to, I think it advisable to enter more at large into the subject, as I write with a view to being informed by His Excellency whether I shall adhere to the course I have hitherto pursued, or to adopt that suggested by Her Majesty's Commissioner. Having said this much by way of preface, I will now proceed to a more particular statement. It will be in the recollection of His Excellency that I addressed him two letters on the subject of Panda's massacre of his brother Cucu, bearing date the 26th of June and 10th of July. From the period when I first heard of this atrocious act, until I came to the decision which I communicated to his messengers on the 5th August, I was incessant in my enquiries, in order that the course I adopted might not be a hasty one ; but instead of finding anything to palliate the murder, I ascertained that it had been followed by others so monstrous and revolting as to be scarcely credible Cucu's wives having been literally ripped open, and his children dashed to pieces the chief being determined that none of his brother's progeny should survive. Neither could his messengers, who came to excuse the act, do more than state that Panda had heard from one Teng- wane, who resided near Natal, that Cncn was conspiring against him, and it was therefore no unreasonable conclusion to suppose that this miscreant had merely pandered to the chief's own Avishes, whom he knew to be jealous of his brother's popularity with the Zulus. Taking these circumstances into consideration, as well as the fact that Panda's previous atrocities had, since my arrival at Natal, compelled the American missionary, Mr. Grout, to quit his territories, I thought it right to mark my sense of the conduct he had pursued, in order to show him that the Government of the white man held in the utmost abhorrence the acts which he had committed. I therefore sent through his councillors the message which I have detailed in my reply to Mr. Cloete (2), and from the period when they received it, until the question was revived by that gentleman three months later, they never attempted to agitate the matter, being fully con- vinced that such a pi-oceeding would be useless. Thus much for the steps which I have taken. But some further observations are necessary in order to place the subject clearly before His Excellency. In my letter to Her .Majesty's Commissioner of the 12th instant (4), I have stated that Panda claims the cattle in qnes- AXX.VLS OF XATAL. 317 tion, not because they are his personal property, but on the Kafir 'principle that the cattle of the people are the property of the chiefs* and that those who leave him sacrifice by that act the whole of their possessions. To compel the fugitives to return, even were it prac- ticable, would be to send them to certain destruction^ to admit the Kafir principle alluded to, and strip them of their cattle, Avould be to leave them to starve or to become marauders for subsistence. But what necessity is there for adopting either alternative ? For even Mi-. Cloete repudiates the first ; and, although he strenuously advo- cates the second, it does not appear to me that he is sufficiently acquainted with the subject to judge correctly. Neither Caffeyan nor any of the other native chiefs around Natal are in the habit of committing depredations in Panda's territory, nor has a single com- plaint to that effect been made to me since my residence in his country. Those whom his atrocities compel to quit endeavour to bring their cattle with them, and sometimes succeed, but by no means always, for several who fled when Mr. Grout abandoned his mission applied to me for the recovery of these, when I declined interfering, being unwilling to encourage their migration. Those, therefore, that he states to be in possession of Caffeyan and others have not been plundered by them, but are the cattle of the fugitives which he claims on the Kafir law above mentioned. And unless it is thought fit to compel Mawa and her followers to return, T do not think the chief deserving of such consideration from the British authorities as to require they should assist in the observance of a barbarous law for the support of one from whose atrocities they shrink back with horror. That " sound policy," " international justice," and "Christian obligation" demand it, I cannot by any possibility conceive ; for, although Mr. Cloete assumes it as a fact that the Kafirs around Natal have been the depredators, I am satis- fied from my intimate knowledge of the subject that such is not the case. Being accompanied in his visit to Panda by such persons as Messrs. Toohey and Ogle, Mr. Cloete was not likely to obtain a correct version of what had taken place, inasmuch as they are in the habit of making frequent journeys to that chief for the purpose of bartering for ivory, and are therefore naturally desirous that no estrangement should take place between him and the British authori- ties to mar their profit. Gert Rudolph, also, who went there at the same time, has cogent reasons for not washing to break with Panda, for the farmers are anxious to obtain some additional territory near the sources of the Tugala, which, although the chief demurred at 318 A \\ALS OF NATAL. first, lie did not absolutely refuse, and therefore it was likely the required concession would soften him into compliance. These per. sons, I doubt not (the two first, and I believe the latter, well acquainted with the language of .the natives), would be inclined, in their interpretation of the atrocities which had been committed, to give them as little prominence as possible. Speaking of other men, this might be deemed a harsh opinion ; but the characters of at least two of the individuals I have mentioned are such as to fully wan-ant such an assumption. But to show that interested feelings sometimes operate on such occasions, I may mention that Mr. Dunn (another trafficker in ivory) was with Panda at the time or immediately after Cucu was murdered, and wrote me, as he said, by desire of that chief, to complain of Mawa's leaving him, and requesting that I would compel her to return- with her cattle ; and yet, strange to say, he never hinted at what had taken place, or made the slightest allusion to the massacre which had led to this dispersion of the people, although it must have happened almost under his own eyes, so that he could not by any possibility, when he presumed to omit that fact, have been ignorant of its occurrence. As to "the decisive and -peremptory manner" in which I declared to Panda's messengers that I could not think of altering my determination: I am of opinion that in dealing with the natives such a course should always be adopted. Let the matter in question be well considered, but when it is necessary to give a decision, let it be such as to prevent future reference. Vacillation is at all times the source of mischief, and more particularly so in matters where the natives are concerned ; and I confess, therefore, I thought tin- agitation of the question in this instance was far from a judicious proceeding, since the refusal of Panda's demand would naturally displease that chief, or, if complied with, would prove to them not only that the white man's decision could be altered at pleasure, but that there were two authorities at Natal, one of which had denied what the other had acceded to. But what has this chief done, 1 would ask. for us or for hnnianiiy that supporting him in his equivocal rights should be so much insisted on ': Mr. Grout, as I before stated, was compelled through f.-ar to leave the Zulu country, and abandon the mission lie had formed. In April last, Dr. Adams (as I informed His Kxeellency in a letter dated theJiOth of that month) proposed a visit to Panda with a view to the re-establishment of the mission; and. feeling the AXXALS OF NATAL. 319 value of the object, I authorised that gentleman to use my name anil influence, and to state to Panda that it was the desire of the English Government that such should be the case. But the chief was inexor- able, and would not hear of Mr. Grout's return, and therefore the idea of sending him back was necessarily abandoned. Are we, there- fore, to act as his police force, and at the risk of setting the whole territory of Xatal in commotion, employ both the troops and the natives in taking cattle from those whom his cruelties have com- pelled to leave the country ? Are we to do all this for one who will not concede the slightest point in return ? Does " sound policy " require it ': Are we afraid of irritation on the part of that powerful neighbour ? If so, I fear I have already done mischief; for when his councillors threatened he would come over the Tugela if his demands wei-e not acceded to, I told them that he had better not do so, " for that in his own country he was a great chief, but if he crossed that river he would be nothing ; " and he will not dare to do so, but mav possibly resort to petty aggressions, wh'ch T shall be prepared to meet. But what has " international justice " and " Christian obligation " to do with this ? Surely, neither the one nor the other are forgotten in a >-efusal to accede to demands that would compromise both; for the advantage to be derived by the natives from the proximity of a white population is (or ought to be) a more enlightened view of all the laws which should govern man in his dealings with man, both as respects the governing power and those governed : and this, undoubtedly, is not to be obtained by supporting their barbarian institutions, for the very support we give them is a tacit admission of their correctness. I have, however, to apologise for drawing out this letter to so great a length ; but I feared that without explanation His Excellency might possibly conceive that I had encouraged the native chiefs about Xatal " to carry on " a " system of plunder in the Zulu country," whereas 1 have used the utmost exertions to repress all plunder on their parts whatsoever. ' The dignity of Her Majesty's ( !o\ eminent," I am proud to say. has not been lost sight of by me; neither have I left it under "the suspicion of conniving at or tolerat- ing" any system whatsoever that was not consistent with its honour. These, however, are possibly irrelevant remarks ; and I would beg to conclude by requesting you to lay this letter and the enclosed correspondence before His Excellency, with a view to his instruc- tions being communicated to me on the point in question. ANNALS OF NATAL. Whatever they may be, I shall be prepared cheerfully to carry them out, having in this as in other matters acted according to the best of my judgment, and in furtherance of what I conceived to be the public good. I have the honour, &c., (Signed) J. C. SMITH, Brevet-Major, 27th Regt., Commandant of Natal. DESPATCH FROM LORD STANLEY TO SIR G. NAPIER. Downing-street, 16th November, 1843. Major- General Sir G. NAPIER, K.C.B., &c. SIR, I have to acknowledge the receipt of your despatch No. 105, of 22nd June, in which you report the arrival of the Dutch schooner " Brazilia," and I have in reply to convey to you my approval of the measures adopted on the occasion by Major Smith, the Commandant at that post. I have the honour, &c., (Signed) STANLEY. DESPATCH FROM LORD STANLEY TO SIR G. NAPIER. Downing-street, 22nd November, 184:'.. Major- General Sir G. NAPIER, K.C.B., &c. SIR, With reference to my despatch of the 16th instant, I trans- mit to you herewith copies of a correspondence which has passed between the Earl of Aberdeen and Her Majesty's Minister at the Hague, on the subject of the re-appearance of the " Brazilia " at Port Natal, for the purpose of renewing an intercourse with the i-evolted inhabitants of that district ; from which you will perceive that the Netherlands Government has promised to use its utmost endeavours to prevent the recurrence of any similar attempt. I have, &c., (Signed) STANLEY. ENCLOSURE IN LETTER FROM FOREIGN OFFICE TO LORD STANLEY, HTH NOVEMBER, 1843. [Translation.] " The Hague, 6th November, 1843. " The undersigned has not failed to place before the eyes of the King, his august master, the Note that Sir E. Disbrowe has been so good as to address to him, of date 27th October last, on the subject of the re-appearance of the schooner " Brazilia," Captain Reus, at ANNALS OF NATAL. 32! Port Natal. His Majesty has not been able to learn without regret that the persons named, Smellekamp and Ham, have not discon- tinued their hostile conduct towards the British Government, to which that of the Netherlands has not, from the outset, ceased to afford unequivocal proof how much it disapproves the proceedings of these individuals, which proof, confirmed more recently by tue commu- nication from the Department of Foreign Affairs of 30th March last, relative to the new departure of the schooner " Brasilia," sufficiently demonstrates that the Government of the Netherlands is sincerely disposed to co-operate in everything that may set a limit to the cul- pable intrigues in question. In conformity with the King's inten- tions, the undersigned has the honour to bring to the notice of Sir E. Disbrowe that the said Note has been communicated to the competent authorities, and that they have at the same time been urgently advised to have a regard to all the means fitted to prevent the renewal of these blameable actions on the part of some of the subjects of the Netherlands. " The undersigned, NTAI;I:, SECRETARY TO GOVKUNMENT. Pietermaritzburg, 15th December, 1843. SIR, I have the honour to forward to you, for the information of His Excellency the Governor, the enclosed address presented to me by the Rev. Mr. Daniel Lindley, on behalf of a number of inhabitants AXNALS OF NATAL. in and near Port Natal, praying for the appointment of a clergyman of the Dutch Reformed Church. In submitting this request for His Excellency's consideration, it will be fitting to observe that, after the inhabitants had somewhat settled themselves down on this territory and the district imme- diately adjoining the Draaksberg to the northward, they resolved to establish five distinct congregations of the Dutch Reformed Church : one at this place, the second at Port Natal, * the third at AVeenen, the fourth at Windburg, and the fifth at the Mooi River or Potchefstroom. Elders and deacons were appointed to these con- gregations, but they only succeeded in obtaining the services of one regularly ordained clergyman (the Rev. Mr. Daniel Lindley, formerly a missionary belonging to the American Board of Foreign Missions), who resides and has officiated at this place during the last three years, and annually visits the different other congregations to administer the sacrament and devote a few weeks to their religious wants. No regular place of worship nor a residence for a clergy- man has been fixed upon at Port Natal ; and upon enquiry I find that the only suitable spot where a clergyman could find a dwelling or place of worship would be at a fartn reserved by the Volksraad for a village or missionary station, called the " Paarde Plaat," about eighteen or twenty miles from Port Natal. The difficulty of pro- curing at present even a temporary dwelling at the Bay is so great that I greatly fear it would be almost impracticable to find a suitable residence there for a clergyman, or a proper place of worship. I would, therefore, beg to propose (if His Excellency should think proper to comply with the request for this appointment) that the clergyman should be authorised to establish himself (for the present) at the Paarde Plaat, where there are buildings both suited for a residence and the performance of divine service, and in the vicinity whereof many respectable farmers are residing, who would among themselves form an attendance more numerous than a clergyman would be likely to expect at Port Natal. With regard to the salary which a minister will also naturally expect to have provided, I should inform His Excellency that the Rev Mr. Lindley is here engaged at one hundred pounds sterling per annum, payable by the congregation ; that this payment is, how- ever, very irregularly made, and nearly a year's salary is at present due to him. The applicants in this request, therefore, appear to have repudiated the voluntary system suggested by the Volksraad in their memorial of the oth of September last, and pray that the pay- 334 ANNALS OF NATAL. ment of a salary should provisionally be made out of the revenue of the colony, and I cannot but think that this will be the only way of ensuring to the incumbent whatever salary His Excellency may con- sider that he will be entitled to. I have the honour, &c., (Signed) H. CLOKTE, Jun., H.M. Commissioner. HER MAJESTY'S COMMISSIONER IN NATAL (Mn. H. CLOKTE) TO THE Ho\. J. MOM.\<,I . SECRETARY TO GOVKRNMIAI. Pietermaritzburg, 2(jt\\ December, 184:-!. SiK,---I have the honour herewith to transmit, for the informa- tion of His Excellency the Governor, a volume (the original of which I have kept here as a record for reference) containing specific entry of every building lot claimed at this pla.ce. and also of a few small lots (or erven) in the immediate vicinity of the town, forming part of the town lands, as I propose making my reports on the subject of building lots and town lands distinct and separate from the general enquiry into farms throughout the colony. In like manner, I there- fore intend transmitting to His Excellency a separate report on tin town allotments at Weenen (where I propose to proceed to imme- diately to enquire into all the building lots there claimed), that being the only remaining place where a township was established and building lots given out. I shall then be able to embrace in the general report the subject of all farms and other lands entirely un- connected with and independent of the consideration of these town Jots, which form so distinct a class that any observations upon these would not be applicable to the farms in general. As the accompanying volume fully sets forth the result of my enquiries on each separate lot of ground. I shall content myself in the present report to offer a few general remarks which appear to me necessary towards a right understanding of the subject. In the end of the year 1838, the Volk.M-aad (or Council of the I'eoph-;, 'then recently appointed, selected this place as tin; seat of their future government, to which they gave the name of 1'ieter- maril/biirg, blending together the names of their two principal l.^ders. I'ieter Relief and (iert Marit/.. who had both died in that year. And they could not possibly have selected a spot better ;idapted for 1 hat object. It, is situated in the very centre of the Natal territory (on this side of the Draaksberg), occupying a gentle A.N.VALS OF NATAL. oor eminence or saddle-back of great fertility, to the upper part of which a copious stream of water has been led, irrigating the whole area of the town, and supplying every street plentifully during every part of the day ; and the very circumstance of its being bare of firewood or timber added to its security against any sudden attack from the Zulus. On this spot, about four hundred and sixty buildino- lots were granted to the first emigrants or publicly sold during the years 1839 and 1840. Those lots, which were thus publicly sold, averao-ed from four pounds to seven pounds and ten shillings a lot ; but by far the majority were granted to immigrants who had entered this colony previous to the year 1839, and who by virtue of an early law or regu- lation became entitled to the possession of two farms and one build- ing lot, to be fixed upon by themselves, at this place or at Weenen ; and the claims to the farms were to be noted in a registry book of farms, subject to their being afterwards inspected and reported upon by a board appointed for that purpose. The town thus laid out at this place forms a parallelogram extending about a mile and a half in length and a mile in breadth, divided by nine parallel streets seventy-five feet in width, and inter- sected at right angles by five streets of equal width. The building lots were granted uniformly as being 450 feet in length by 150 feet in breadth, comprising nearly one acre of ground each, and the accompanying copy of a sketch plan kept in the office here (but made without reference to any scale) will at least enable His Excellency to get a clearer insight of the distribution and occupation of the present town allotments than could be conveyed by a mere description. The unsettled state of the country during the last two or three years, unfavourable to the occupation of any farms, and particularly of those situate at some distance from this town and Port Natal, has on the other hand proved favourable to the formation of this town- ship, as a number of persons, having lost their cattle by the Zulus, or being otherwise apprehensive of their attacks, purchased lots within this town, and have erected buildings or have otherwise cul- tivated the land ; and a reference to the accompanying volume and sketch plan will show that (comparatively speaking) a greater pro- portion of these lots have been built upon and are otherwise bona Jide occupied than could be expected, considering the short space of time since the formation of the town and the insecure state of the country. The number of those verified by me amount to two hundred and fifty-nine, and respecting these there remains, therefore, no difficult v. 036 AXXALS OF NATAL. There are, moreover, about sixteen lots which the claimants had occupied before the period fixed by His Excellency's proclamation of 12th May last, but the occupation of which had been interrupted either by the parties having gone to the Cape Colony or to their farms ; and some few belonging to Englishmen who retired from this place, not deeming themselves safe during the excitement which pre- vailed here. I would beg leave respectfully to recommend that also these claims might be favourably considered by the Government. * * * * I have the honour, &c., (Signed) H. CLOETK, H.M. Commissioner. EXTRACTS FROM CLOETE'S LECTURES (1843). * * * * In discussing with Mr. Boshof and some of the most enlightened members of the Volksraad the manner in which the final arrange- ments for the settlement of this district could be best effected (for neither Colonel Cloete nor His Excellency the Governor had at that time any authority to enter upon any definite arrangements involving the permanent occupation of the country"), they had suggested that the best mode of attaining that object would be by the appointment of a Special Commissioner, with whom these matters could be finally settled ; and Colonel Cloete conveyed this their wish to His Excel- lency Sir George Napier, who, in transmitting an account of all these stirring events to Her Majesty's Secretary of State for the Colonies, also referred to that suggestion of Her Majesty's Govern- ment, if it should be determined upon to take formal possession of the country. Nine months w T ere, however, allowed to pass, leaving all these matters in a state of most painful suspense and, indeed, an opinion was getting rapidly prevalent that Her Majesty's Government would still eschew all interference in the administration of this country when on the 1st May, 1843, I received a note from Sir George Napier, stating that he had just received an important despatch on the sub- ject, and having determined to offer me to go to Poi-t Natal as Com- missioner, he wished me to come and peruse the despatch. I immediately repaired to Government House, and upon its perusal was so forcibly struck by the liberal and enlightened policy which Lord Stanley (then Secretary of State for the Colonies) had laid down for the AXXALS OF NATAL. 037 settlement and future administration of this district, that I expressed myself very confident of the result of a mission which would announce such principles to the inhabitants ; and I willingly gave up tem- porarily my profession and accepted the commission ; little aware, however, of the additional difficulties which at that very moment were arising within this district to oppose or prevent the attainment of such an object. A meeting of the Legislative Council was called for the 4th May, at which His Excellency read an able minute setting forth the substance of the Secretary of State's despatch ; and on the 12th May my official appointment was announced in a proclamation, which fully set forth the extent of my authority and duties, and the conditions expressly required from the inhabitants before they were to be con- sidered entitled to the privileges vouchsafed to them by Her Majesty's Government. The " Cleopatra " frigate soon after brought me to this place, when on landing at the bay I was informed by the Com- mandant that, a fortnight before, the Dutch schooner, the " Brazilia," had again made her appearance off the bar, having the notorious Mr. Smellekamp and a clergyman of the Dutch Reformed Church and a schoolmaster on board, and wishing to communicate with the inhabitants, but that he had refused them all intercourse with the shore, and had ordered the vessel away, with all on board, at which he, Major Smith (for the defence of the Camp had earned him a brevet majority), understood that great excitement existed at Pieter- maritzburg. I felt the necessity of immediately checking this ebullition, and I sent off instantly an express to the Yolksraad, announcing my arrival, and on the third day after my landing arrived at this place. Mr. Boshof, Mr. Zietsman, and two or three others came to meet me on my approach to the town, and in the evening I received the visits of some of the members of the Volks- raad, with whom I made the arrangements for holding a meeting in the court-hall. The next morning, on entering the court-room, I found about four or five hundred persons assembled, in and around, almost closing up every approach towards it, even every window. Mr. Stephanus Marit, senior, presided on the occasion, and to the meeting I opened my commission, and gave an outline of the duties upon which I was about to enter. After being listened to for nearly an hour that I addressed the meeting, a notorious character (Anthon Fick) arose, stating that in the name of the " public " he held a document which he desired to present to me. On asking him the nature of the document, he stated that it contained a resolution not 2 R 338 AXNAI.s n V XATAL. to enter into any negotiations with me until they (the public) had had intercourse with the persons on board the " Brazilia," and had ascertained the replies from the King of Holland and his Ministers a> to their relations with that country. I at first declined receiving or hearing any such document read ; but finding the meeting much excited upon the subject, I agreed to its being read under the express condition of my being at liberty to answer it directly, if I deemed it advisable ; and with this stipulation he proceeded to read a long rambling statement of all the grievances and hardships of the emigrants to attain possession of this conntrv, full of complaints at the conduct of Major Smith in not allowing their minister and schoolmaster to join them, nor even to allow them to hear the replies from Holland to the treaties they had proposed. uath- lamba range of mountains, and not to extend beyond it. This answer had a great effect upon the deliberations of the Volksraad. A resolution was thereupon put and carried, declaring that, as the inhabitant^ In-yond the Quathlambas or Draaksberg ANNALS OF NATAL. 343 mountains were not to be affected by any of my proceedings, their representatives now here had no right to vote on questions which did not affect them : and some of the commandants and representatives from beyond the Sovereignty even joined in that resolution, seeing that they would have considerable difficulty in carrying their original intention. The second day's proceedings then closed, late at night, by the whole of the members who had taken their seats as repre- senting the Winburg and (now) Sovereignty territory withdrawing from the Volksraad ; and Commandant Mocke, accompanied by De Kock, Du Plooy, and several other fieldcornets, called upon me the same evening to bid me farewell, Mocke declaring (with a bitterness of feeling which clearly betrayed the disappointment and vexation lie felt) that he never again would have anything to do with T^atal and its affairs ; that he had been greatly deceived by the representations he had received ; and that he would now order his men peaceably to withdraw. This order seemed to meet the most - implicit obedience. The next day passed by in their making their preparations for their departure ; and the following day the whole of that division about seven or eight hundred strong wended their way over the Town-hill on their return to the Sovereignty, encoun- tering great hardships on their way from snowstorms and scarcity of provisions. On the third day of the meeting of the Volksraad, their numbers were thus reduced to the twenty-four members representing the Council for this district only ; and the calm and temperate tone adopted at that meeting seemed at once to give promise of a peaceful and satisfactory conclusion to their deliberations. Dr. Poortman happened to have received a letter from some friend in Holland, in which, alluding to the letters brought over by Smellekamp, the writer informed him of the delusion which had been practised upon them here ; and after this letter had been subjected to the closest scrutiny by the post-mark being examined, no doubt remained as to its genuineness, and they appeared at last to become satisfied that all hope of succour or support from Holland was at an end, when they took into consideration the terms of Lord Stanley's despatch of the 13th December, 1842, which I had brought with me, and of which I had made a translation, so far as to show the sound reasoning and the liberal policy by which Her Majesty's Government were actuated in their adoption of this territory. I had caused several copies to be made of this extract, which I had circulated among them, and of which a perusal, even now. will 344 AXXALS OF NATAL. interest my auditors, and confirm the opinion I had formed on that subject. One part of that despatch is to this effect : " The question then remains, in what manner to deal with the e extended impartially to all alike. AXXALS OP NATAL. 347 " 2. That no aggression shall be sanctioned upon the natives residing beyond the border of the colony under any plea whatever, by any private person, or any body of men, unless acting under the immediate authority and orders of the Government. " 3. That slavery in any shape, or under any modification, is abso- lutely unlawful, as in every other portion of Her Majesty's dominions. "You will take care that it be distinctl}' understood that these three conditions are indispensable preliminaries to the pel-mission which it is proposed to give to the emigrants to occupy the territory of Port Xatal, and to enjoy therein a settled government under British protection ; and I trust that no difficulty will be found in obtaining a willing acquiescence of the emigrants in stipulations so reasonable, and in our judgment not more called for by humanity and justice than essential to the peace and good order of the district." Another deputation soon after followed, expressive of the entire concurrence of the Yolksraad in the second and third conditions, but stating that they still thought that the first clause should be modified iu some shape. It was evident from this that they still inclined to suggest some special reservation in regard to the rights and liberties of the Kafirs, and to lay the foundation for separate class legislation for these. But I repelled all idea of such a nature by at once declar- ing that I would not admit of the smallest departure from those terms: and at length, towards the evening, the chairman, together with a deputation from the Council, handed me the following declaration, which expressed in the following words their entire and unconditional acceptance of all the terms prescribed by His Excel- lency. The document as translated runs thus : " Pietermaritzburg, 8th August, 1843. " SIR, "We, the undersigned, members and representatives of the Volksraad, having had in consideration the Proclamation of His Excellency the Governor, dated 12th May last, do hereby declare to have agreed to the conditions set forth in the 6th article of the said Proclamation, and to accept the same. " Signed by J. Maritz (President), M. J. Potgieter, P. K. Otto, P. M. Zietsman, B. Poortman, M. J. Pretorins, J. A. Cilliers, G. B. van Rooyen, G. J. Xandt-. ('. F. Kotman, L. J. Meyer, G. F. Potgieter, P. R. Xel, A. J. Spies, P. G. Human, J. A. Krill, M. A. van Aardt, G. C. Viljoen, Gert Snyman, H. J. van den Berg, A. Z. Visage, M. Prinslo. C. A. Ruthmaii. X. J. S. Bassoii; J. Bodenstein. Sei-retury of the Volksraad. -The Hon. H. CI.OF.TK. Her Majesty's Commissioner." ANNALS OF NATAL. It will thus be seen that this stormy meeting held in this town in August, 1843, after being protracted for three days, had ended in all the twenty-four members of the Volksraad unanimously signing this formal deed ; and when it is considered that although Pretorius, Boshof , Zietsman the elder, and several others of the most respectable inhabitants, who had no seat in the Volksraad, had not yet expressed their entire concurrence in this proclamation, no doubt can be enter- tained that this solemn deed of submission to, and recognition of, Her Majesty's authority had been obtained by the deliberate and unani- mous voice of all those who had really any stake or interest in the country : and with every friend of humanity it became a matter of heartfelt satisfaction and of gratitude to the Great Disposer of human affairs that this had been by a perfectly free and unbiassed judgment of the constituted authorities at the time, without any threats or pressure from without. But I cannot close this lecture without recording my sincere acknowledgment that this peaceable and satisfactory termination of the broils of the inhabitants with the Government had thus been chiefly effected by the influence of the (now deceased) Andries Pretorius, of Stephanus Maritz, of Mr. Boshof, of Dr. Poortman, and of the Zietsmans, father and son, who proved themselves true friends of the welfare of this country, which, despite many difficulties with which it has had to contend, has made during these last twelve years a steady progress in social, agricul- tural, and commercial improvement. These persons chiefly opened the eyes of their countrymen to the delusion under which they had long laboured either as to their power of self-government or the still more vain hope of foreign support ; and I trust I may now venture to express my sincere thankfulness to them for the aid they afforded me during those trying scenes. You have now been informed of the true state of things in this district from its early formation until the formal submission of the inhabitants to Her Majesty's authority. You will perceive how errors and faults committed on both sides threatened at one time to plunge this country into an interminable civil war, and how this was most providentially averted chiefly by the influence of reason and good sense actuating the minds of leading men in this community, who became fully impressed that Her Majesty's Government, bound to assert its authority and dignity, on the one hand, was yet inclined to confer upon them every advantage consistent with true liberty ; for liberty we jurists know does not consist in doing every tiling every individual in any society pleases, but only in doing that which AXNALS OF NATAL. 34.9 is not contrary to law and higher authority. Nisi quod vi nut jure prohibeatur ; and I cannot give you a more striking proof of the effect which the dissemination of those principles of Her Majesty's Government produced even upon those who, " with curses loud and deep," had broken up from the deliberations of the Volksraad, and had returned to their homes in the Sovereignty, than that four months after these occurrences had taken place I was agreeably sur- prised by a deputation arriving here, headed by the two most influential inhabitants of the Modder and Caledon Rivers, Van den Heever and Oberholster, who presented me a memorial signed by five hundred actual landholders in that district, soliciting that I might also extend my labours to the country from the Draaksberg to the banks of the Orange River, and that a very large majority of the inhabitants there were willing to subscribe to the same terms as the inhabitants of this district. I at once informed them that I had personally no objection to proceed to theii 1 country and arrange matters there in the same way as I was doing here ; but that a decision on this memorial must rest altogether with the Governor of the Cape Colony, to whom the memorial would be transmitted. This I accordingly did ; but in the meantime " a new king arose in Egypt, who knew not Joseph ; " or, in plainer language, another Governor, Sir Peregrine Maitland, had come out and superseded Sir George Napier, whose period of holding a government under the Queen's regulations had long expired. This Governor, who probably felt no such deep interest in these matters or countries as his predecessor, or had received more stringent rules to carry out, simply replied that the application could not be enter- tained. It is, therefore, vain now to speculate how the affairs of the Orange River Territory would have proceeded if the same policy had been followed out towards them. But the following little anecdote will show the zeal and prudence with which that deputation had performed the trust confided to them. Some days before their arrival at this place, we had heard a report that a deputation was on its way here, but that they had been waylaid and stopped by some of the " ultra radical " party behind the mountain. On their present- ing themselves to me I alluded to this report, and begged to be informed whether there was any truth in it ; when old Oberholster replied that there was some truth in it : that in the signing of this memorial its object had necessarily been known throughout the country, and that, at the Sand River drift (which they were obliged to cross on their way here) an armed party from the neighbourhood 350 AXXALS OF XATAI, had sarrounded them, and declaring them " traitors" to their country, had positively and violently threatened to attack them unless they delivered up the memorial to them ; but Oberholster proceeded : " We had also anticipated and provided for such an occurrence; for, after a show of resistance, we somewhat reluctantly took out of the front chest of my wagon the memorial which had been placed there. and which they carried off in triumph : but at the same time we had had a duplicate prepared of the same document, and signed by all the five hundred landowners as the other. This duplicate I kept in the bedding of my ' katel,' and now deliver with its seals quite intact." This little incident shows at least the earnestness with which they had set about to have the same boon conferred on them as had been o-ranted to the inhabitants of this district ; and the latter would be ungrateful indeed if they failed now to acknowledge and be thank- ful for the very many blessings which have been vouchsafed to them as a community during the last twelve years. I feel, at least, that I am not only deeply indebted to those influential persons whose names I have just given as the real bene- factors of their country, but, independent of this feeling, I could not but be sensible every day during the momentous events by which I was surrounded that there was a Divinity throughout, watchful of the interests of this favoured country ; and whose might was then-- and has ever since been protecting it from the horrors of the savage wars by which the Cape frontier and the Sovereignty have been afflicted : that here, at least, during all those years neither war, famine, nor pestilence has afflicted the country ; but, on the contrary, with whatever difficulties the first introduction of a settled govern- ment may have been beset, it has slowly but surely progressed in the development of every resource from which the true prosperity of a country depends. 10 very where around us we perceive striking signs of improve- ment, both in our social, moral, agricultural, and even political relations ; and the inestimable blessing of peace which we have so long enjoyed only requires to be continued to bring these advantages into full maturity. SECTION VI. 1844. DESPATCH FROM LORD STANLEY TO SIR G. NAPIER. Downiiig-street, 1st January, 1844. SIR, With refei'ence to the communication which I addressed to you under date of 19th October last, No. 6 (Military), I have now to observe that the present aspect of affairs at the Cape and Natal is such as to lead me to hope that it may be unnecessary to send out the contemplated reinforcement, ill as it could be spared, of the troops under your command. I do not, therefore, propose to take any steps with a view to fulfil the expectations which I have authorised you to entertain on that head. I have the honour, &c., (Signed) STANLEY. DESPATCH FROM SIR G. NAPIER, K.C.B., To THE RIGHT HONOURABLE THE LORD STANLEY, SECRETARY OF STATE. Government House, Cape of Good Hope, 22nd January, 1844. MY LORD, Since the date of my last despatch, respecting- Natal, No. 226, of the 1st ultimo, I have received, and have now the honour to forward to your Lordship, the accompanying letters from Her Majesty's Commissioner and from the Military Commandant at that place. To these I have annexed copies of my replies. I a.lso submit the minutes of the opinions and recommendations of the Executive Council on this correspondence. They have my . 352 ANNALS 0V NATAL. perfect concurrence, and will, I trust, obtain your Lordship's approval. As the Council has entered so minutely into the several subjects, it will, I believe, be unnecessary for me to do more here than to request Her Majesty's gracious decision on the following points : 1. The cession by Panda, the Zulu Chief, of the Bay of St. Lucia, and the suggested survey of that bay. 2. The allowances to the civil officers appointed by the Pro- visional Government. 3. The appointment of a Harbourmaster and Postmaster at Port Natal. I have the honour, &c., (Signed) GEORGE NAPIKE. EXECUTIVE COUNCIL. CAPE OF GOOD HOPE. Colonial Office, 30th January, 1844. The Council, in pursuance of a summons from His Excellency the Governor to that effect, assembled this day at this office. Present : His Excellency the Governor and all the members. After prayers, the minutes of the preceding meeting, held on the 23rd December last, are read and confirmed. His Excellency lays before the Council : 1st. The amended regulations for the Municipality of the Paarl, adopted at a public meeting of the resident householders, held on the 29th December last, which are read and confirmed, and ordered to be published in the usual manner. 2nd. Amended regulations for the Municipality of Worcester, passed at a public meeting of the resident householders, held on the 3rd instant, which are read and ordered to be returned for amend- ment. The Council suggest that the lands which it is proposed in the 24th section that the Commissioners should be authorised to select on the town commonage for the further location of the poorer classes, should be subject to the approval of the Civil Commissioner ; and they advise that the sections of the regulations from 75 to 81 respecting bakers and butchers should also be revised ; and that the Municipal Commissioners should be informed that it does not appear that the Ordinance No. 9 of 1836 vests them with the power to make any legislative provision respecting licences for bakers and butchers, although it empowers them generally to establish regnla- A.VXALS OF NATAL. 053 tions to prevent frauds and nuisances ; and that if the clauses referred to were framed for accomplishing- those objects, the Council will be happy to reconsider them His Excellency lays upon the table the following communica- tions, viz. : Letters from the Honourable Mr. Cloete to the Secretary to Government, dated 30th November. 6th and llth December last, respectively, and from Major Smith, dated llth, 14th, and loth December last, respectively. The Council advise that the several subjects embraced in these communications should be submitted for the consideration of the Secretary of State, and that Mr. Cloete should be informed, with reference to his letter of the 6th December last, that it is not necessary that he should proceed to the Draaksberg. Adverting to Major Smith's communication of the llth December last, the Council recommend that Mr. Cloete should be informed that His Excellency has heard that his clerk, Mr. Buissmne, has been acting as an agent in purchasing lands ; and that, if the information be correct, the Governor considers it exti-emely objectionable that he should have been so employed, as it is obvious that he possesses better means than any other person can have of ascertaining the value of the titles to the lands, and that he must therefore forthwith discontinue to do so. The following communications were also read : Letters from Mr. Cloete, dated 15th, 21st, and 26th December lust and 5th instant respectively, and from Major Smith dated 23rd December last, and four of the 8th instant, respectively. With refer- ence to Mr. Cloete's letter of the loth December, the Council advise His Excellency, as a temporary arrangement, subject to Lord Stanley's decision, to authorise the appointment of the Rev. Mr. Lindley as minister at the Paarde Plaat, with a salary at the rate of 100 per anmim, to be paid from the Natal Treasury from the date of Mr. Cloete's receipt of His Excellency's authority ; and they suggest that Major Smith should be directed to pay the salary upon Mr. Cloete's certificate of the date of his receipt of the authority. Upon the solemn declaration by Mr. J. J. Burger of future faithful allegiance, transmitted by Mr. Cloete's letter of the 21st December last, and in consideration of his sincere contrition for his past con- duct, the Council advise the Governor to extend to Jacobus Johannes Burger the like pardon as had of late been granted to Joachim Prinslo and Michael van Breda The Council recommend that Mr. Cloete's report of the 26th XYIII 2 S 354 ANNALS OF NATAL. December and Major Smith's of the 23rd December last, upon the application of Messrs. Chiappini and Hawkins, respecting contracts of hii*e with the natives of Natal, be transmitted to the Secretary of State, together with the whole correspondence relating thereto, for his Lordship's instructions upon the subject. The Council are of opinion that it is not necessary that Mr. Cloete should extend his tour of inspection, as proposed in his com- munication of the oth instant, and that he has no claim to an increased monthly allowance, or to remuneration for the travelling expenses incurred by him, and they recommend that he should be instructed to return to Cape Town, by sea, immediately after he shall have received all the Natal land claims. The Council approve of Major Smith's conduct in refusing the application of the Chief Umtendu to hold a witch-dance, and of his .subsequent proceedings in the matter as reported in his cornmnnu-a- tioii of the 8th instant. The Council advise that Major Smith should be informed that there is no law to authorise the penalty in which he has mulcted George Winder, as reported in his letter of the 8th instant, for smuggling gunpowder and other goods into Natal without payment of duty, and they therefore recommend that the penalty should be abandoned ; but they are of opinion that the goods should remain under seizure as forfeited. The Council are of opinion that the outrage stated in Major Smith's letter of the 8th instant to have been committed by one Marthinus Viljoen and a party of Boers upon some Kafirs, is a most serious offence, if correct, and they therefore recommend that Major Smith should be instructed to enquire further into the matter ; and that, if found to be true, he should, as a Justice of the Peace, take proper steps to apprehend the offender and bring him to justice ; for which purpose he must forward him, with the witnesses and deposi- tions, to Cape Town for trial ; and that he should be informed that Mr. Cloete will receive instructions to the same effect in reference to his mention of the circumstance in his communication of the 5th instant. His Excellency lays upon the table a letter from the Rev. A. Faure, under date the 4th instant, reporting the result of his mission to Natal, which is read. The Council recommend that Mr. Faure's communication should be transmitted for Lord Stanley's information. And the Council adjourned. AXXALS OF XATAL. 355 THE REV. A. FAURE TO THE HON. JOHN MONTAGU. Leeu\vens Rust, 4th Jannary, 1844. SIR, With reference to your letter of the '29th August last, I beg to state that I availed myself of the opportunity afforded me of proceeding to Port Natal in Her Majesty's steam frigate " Thunder- bolt,'' where on my arrival Mr. Cloete, Her Majesty's Commissioner, being thereunto authorised, engaged my services to the emigrant farmers (by letter dated llth September), calling my attention more particularly to the northern district of Weenen, beyond the Draaks- berg, if solicited by the inhabitants whither, however, I was not to move without some special invitation. The Commissioner at the same time requested me not in any way to express any opinions which may tend to call into question the validity of any clerical ceremonies Mr. Lindley or his predecessors may have administered. In my answer (dated 12th of September) I declared my willing- ness to proceed to those parts, under said restrictions ; and in my sojourn amongst the emigrant farmers, although often interrogated as to the validity of the ceremonies performed by various individuals, I strictly adhered to the injunctions of Her Majesty's Commissioner, and the concluding paragraph of my above-mentioned answer, viz., I perfectly agree with you that it would not be prudent to express opinions here regarding the validity of any religious ceremony per- formed by the Rev. Mr. Lindley or his predecessors, by which I suppose you allude more particularly to the celebration of the marriage ceremony, I would, however, beg to suggest to you whether it would not be for the interest of all parties (as this has been declared a British colony) to advise the Rev. Mr. Lindley (should he not already have done so) in future to have all marriages registered in accord- ance with the Order of Her Majesty in Council of September, 1838, as I am in duty bound to conform myself to it, should I in my ministrations be called upon to perform that religious ceremony. As I did not immediately meet with an opportunity of proceed- ing to Pietermaritzburg, I found occasion, during nine days' stay at Natal, of visiting the families of the emigrants in that neighbour- hood, of preaching the Gospel, and administering the ordinance of baptism. The district of Natal (where, though no place has been erected by the Dutch population for performing public worship, a Consistory has been established and inducted by authority of the Volksraad) extends about thirty miles towards Maritzburg, and con- tained about two years ago upwards of one hundred families. During 356 AXXALS OF NATAL. the last twelve months more than fifty families left that district,, amounting in the aggregate to two hundred and forty-four souls. Some had left prior to that period ; so that, excluding nine English families residing- in that district, the Dutch emigrant population does not exceed thirty families, or one hundred and twenty nine- souls. These persons have expressed an earnest desire that a clergy- man of the Dutch Reformed Church may be appointed to that district. The number of inhabitants at present is indeed small ; but as the port is the place the majority will ultimately resort to for the sake of trade, when the excitement in the inland districts shall have- ceased, as a zealous minister will extend his ministry to other parts, and be the means of effectually benefiting the people, I take the liberty of earnestly recommending to His Excellency that a minister be appointed to that district, associated with a good active school- master. Considering the impoverished state of the people, it would be unreasonable to expect much assistance from them ; but I may state that both minister and teacher may for the present take- occupancy of suitable houses on a Government farm called " Paarde Plaat," a few miles from Natal, built by the Messrs. De Jager, but relinquished some time since, when they and many with them removed to the upper districts. The district bordering on the Natal district is Pietermaritzburg, being eighty miles in length. The town, which is sixty miles from Natal, contains about 120 houses, a court-house, and a place for divine worship thirty feet by fifty. The Rev. Daniel Lindley, for- merly missionary in the service of the American Board for Foreign Missions, who accepted three years ago the appointment from the Volksraad of minister to the emigrants, hailed my arrival with every demonstration of real interest in the object of my mission. Mr. Lindley made me fully acquainted with those particulars regarding- the state of feeling amongst the emigrants I was anxious to ascer- tain. He gave me every information regarding Weenen. which is. about eighty miles distant from Pietermaritzburg, containing sixteen habitations, without any place for public worship, and soon convinced me that not Weenen, but Pietermaritzburg, should be the sphere of my public labours, as being the place of general resort for the farm- ers not only from the different parts of that district, but also from the other districts. Mr. Lindley offered me his pulpit, of which I accepted ; and although umbrage was taken by some evil-disposed minds at my praying for .Her Most ( Iraeious Majesty, that and every other unkind feeling subsequently entirely subsided ; whilst I did not shrink fi-om both publicly and privately testifyingagainst everything ANXALS OF NATAL. 357 I considered contrary to Christian duty, which they appeared fnlly to appreciate. The time for holding the Comrannioii being at hand that season was fully improved in accordance with the ritual of the Dutch Reformed Church for enforcing the principles of the Gospel, and I have reasons to believe with the most beneficial results. Mr. Lindley having communicated to the Consistory of Pietermaritzburo 1 the suggestion he had received from Her Majesty's Commissioner respecting the future registration of marriages, experienced some difficulty in obtaining the compliance of the people. Having, how- ever, declared his determination to act in conformity with Her Majesty's Order in Council, I entertain no doubt of the compliance of the interested parties, as I experienced no difficulty in having it effected in the only two cases yi which, during his absence, my assist- ance had been requested. Where yielding to prejudice will be con- strued ' obtaining right," it is necessary, lest authority be set at defiance, to act, whilst conciliatory, with Christian firmness. During my stay at Pietermaritzbnrg, I visited various locations to about thirty miles north. The Consistory of Weenen had been apprised by the Church authorities of the former place of my appoint- ment to officiate amongst them. Being desirous of obtaining an fiirrance amongst them, and especially beyond the Draaksberg, where the majority of the emigrants reside who are said to be in more thriving circumstances than their friends on the Xatal side, I embraced every opportunity of making them acquainted with the object of my mission. Whilst awaiting that expression of a desire to have my services, a notice reached Pietermaritzburg that letters had been addressed from Messrs. Ham and Smellekamp at Delagoa Bay, which caused no little excitement amongst the people in the upper districts. At Pietermaritzbnrg itself it was but momentary ; for they very soon ascertained from the documents themselves that the accounts I had previously given them of said clergyman was correct. The Rev. Mr. Lindley received a letter from Mr. Cronje, senior elder at Weenen, requesting him not to allow my accompany- ing him to that place. To a communication I had made to the Con- sistory requesting them to apprise me in due time of the time and places they might have appointed when and where I was to officiate, I received an answer subsequent to Mr. Lindley's letter, signed P. Cronje and O. Spies, elders, declining my services. Verbal notices of a like nature, to which, however, 1 attached no importance what- ever, reached me from the inland districts. I was prepared to start beyond the mountain, but, feeling the delicacy of my situation, I con- sulted Her Majesty's Commissioner, who advised me by letter (dated 358 AXXALS OF NATAL. 1st November, 1843) should some overture still be made from "VVeenen "to avail myself of the invitation as soon as possible;" adding, regarding my ti-avelling overland, " as all the reports touching the >tate of parties beyond the Draaksberg represent that country to be in so unsettled a state, I strongly recommend 3-011 not to expose yourself and family to the opposition and insults which an ignorant and besotted set of persons may exhibit." No overture being made from Weenen, as I fully expected would have been the case after the Rev. Mr. Lindley's visit, and the displeasure said to have been evinced when the contents of the letter written to me were made known, and my leave of absence drawing to a close, I availed myself of Her Majesty's Commissioner's notice regarding the expected arrival of H.M. Corvette " Cleopatra," on board of which I embarked on the 10th December, and landed at Simon's Bay on the 22nd, feeling greatly indebted to Captain Wyvill for the great kindness and atten- tion Mrs. Faure and myself experienced during the voyage. Will you allow me, Sir, to state the following facts for the information of His Excellency : By the authority of the Volksraad, shortly after the appoint- ment of the Rev. Mr. Lindley, the community of the emigrants, including the territory from Natal to the Modder River, has been, divided into five districts, to each of which a landdrost and heem- raden have been appointed, and consistories established and inducted. Except at Pietermaritzburg, no place of worship has been built. On the occasional visits of Mr. Lindley to the more remote' parts, a temporary hut has been erected, or the ordinances were administered in a tent constructed of wagon coverings. Mr. Lindley has during his ministry baptised : At Natal, children " ... ... ... 79 At Maritzburg, in the year 1841 ... ... -J4S 184-2 244 1848 ... ... 148 At Weenen (138 miles from Natal) ... ... 100 At Potchef spruit * (460 miles from Natal north, on a pastoral visit in the months of May and June, 1842) ... ... ... 202 At Winbm-g (37* miles from Natal), during said visit in 1842 :',i',2 1,383 * A great number of emigrants in this parish reside at Magaliberg, being '>'>'! miles from Nata.1. ANNALS OF NATAL. The youth in the parish of Natal being confirmed at Pieter- maritzburg, he has during said period confirmed : At Pietermaritzbnrg ... ... 214 members. At Weenen ... ... ... 90 At Potchefspruit, during the above- mentioned visit ... ... 109 At Winburg ... ... 170 573 members. He has married At Pietermaritzburg ... ... 70 couples. At Weenen ... ... ... 9 At Pot chef spruit ... ... ... 7 At Winburg ... ... ... 11 None of these marriages have been registered in conformity to> Her Majesty's Order in Council. The Volksraad had appointed the landdrosts as marriage officers, and although on the appointment of the Rev. Mr. Lindley that order is said to have been rescinded, it was by many still observed. Moreover, individuals who had no authority whatever took upon them to celebrate the marriage ceremony, such as Messrs. Eelhof and Paul Roos, the children of which marriages were declared illegitimate by the Consistory of Pietermaritzburg when presented for baptism. Having already alluded to the departure of many families from the Natal district, I may remark that for some time past the popula- tion on the north and west of Draaksberg has been and is said to be rapidly increasing, whereas 011 the Natal side the decrease has for the last year been very perceptible. The causes of this emigration are said to be partly the losses sustained in cattle and sheep, it being soon found that at Natal and Pietermaritzbnrg sheep do not thrive at all ; and that the luxuriant pasturage is not good, except for such cattle as had been gradually accustomed to the same, or been bred in 'those parts. The consequence has been that the sheep farmers had either remained on the other side of the Draaksberg, or returned to those parts, where they found a better pasturage for their flocks. On the other hand, it cannot be concealed that hostility to Her Most Gracious Majesty's Government has drawn many to the inland districts, where they ignorantly fancy themselves subject to no efficient authority. The number of families on the other side I am 360 AKXALS OF NATAL. not competent to state. The number in the three districts of Weeneji, Pietermaritzburg, and Xatal I calculated to amount to about five hundred; but the Rev. Mr. Lindley, whose information on the sub- ject is perhaps much more correct than my own, estimates the whole amount at three hundred and sixty-five, being -in the village of Weenen, 17; district of Weenen, 108; village and district of Pieter- maritzburg, 200 ; village and district of Natal, 40. Total, 365. From what has come under my own observation, and the con- versation I have had with vai-ions individuals, I hesitate not to state the conviction which has arisen in my own mind that the arrival of the Dutch brig "Brazilia" in 1842, and her subsequent visit in ]^\-:'>. although no communication was then directly allowed the captain and supercargo with the farmers, has had a most pernicious influence on the minds of many of these very ignorant and deluded country- men. I do not augur much good from the way and manner Mr. Ham (sent out by Mr. Jacob Swart and a self-elected committee at Amsterdam for the spiritual interest of Xatal) is endeavouring to obtain an entrance to the people. I most sincerely regret to find from original documents submitted to me that said committee of clergymen should have tendered advice to the Consistory of Pictcr- maritzbui'g for ordaining Mr. Ham, so entirely contrary to the rules and practices of the Dutch Reformed Church. The Consistory of Pietermaritzburg felt the force of my remarks, and have no connec- tion with those who wish Mr. Ham amongst them. They are attached to the Rev. Mr. Lindley, and I can bear testimony to the indefati- gable labours of that excellentjman ; and I trust I am not exceeding the path of duty when I take this opportunity of recommending to His Excellency that the labours of Mr. Lindley be by Her Ma joty'.-. Government secured to the farmers in the upper districts, provided he subscribes the laws and regulations of the Dutch Reformed Church of this colony, which I know he does not feel unwilling to do. Mr. Lindley was pastor of a Presbyterian church in one of the Southern States of America, came to Africa in the service of the American Board of Foreign Missions as missionary to the Zulus, was obliged to leave Matyili Katyi's country when that chief was attacked by the farmers, settled at Natal, and on the emigrants pouring into those pai-ts was prevailed upon to accept their appointment as their minister. Though his connection with the Board has not been dis- solved, he is not in the receipt of any support from them, but draws his pittance from the voluntary contributions of the farmers. The Volksraad has represented that every denomination should support AXXAf.S OF XATAL. 361 its own minister. Before I left Pietermaritzburg 1 , the Consist or r seemed convinced of what I communicated to them regarding the growth of voluntaryism, which, however prosperously it may thrive in other parts of the world, the soil in South Africa does not yet seem prepared for nourishing that plant. The finances of the Church at that place were in a very low state, and they had no prospect of improving the same. Mr. Lindley has the affection and confidence of many, and when disencumbered of their support may be the means of carrying on the good work, which otherwise he \vill be necessitated to exchange for labours in his own country. May I be allowed to express my opinion that I consider it of the utmost importance that the connection be kept up, and not dissolved, between the Reformed Church in this colony x and the Church at Natal. It may effectually prevent the interference of foreign Churches, of which a commencement had been made. And I tell you, Sir, that the ignorance of the emigrants is great indeed : that the rising generation, following the example of their parents, is growing up more expert in the use of the gun than the knowledge of the alphabet: that their ignorance and credulity make them the dupes of every designing individual, whose influence Avould soon be counteracted if good and efficient schoolmasters and faithful, zealous clergymen were placed amongst them. They may extinguish a fire before it has spread devastation if acting with prudence and firmness. Had it not been for the seasonable and powerful inter- ference of the Rev. Mr. Lindley, who had just returned in 1842 from his inland visit, a most sad tale would have been unfolded. He deeply mourns over the ignorance and prejudices of the people, does everything to imbue their minds with sound doctrine, and during my abode left nothing undone to render my labours in every way beneticial. I will not enter into the motives why the people in general seem desirous to have ministers amongst them ; but having that desire, good men may not only promote incalculable good, but prevent great mischief. Xeed I add, Sir, that, besides the number already recommended, four clergymen, and an equal number of good schoolmasters, would find abundant employment in dispersing the cloud of ignorance and sowing the seed of undefined religion. Here I am sorry to remark that a schoolmaster left behind by Mr. Smelle- kamp, on his first visit, is said to exercise an influence on the minds of the farmers in the inland districts not conducive to their own happiness or the peace of the country. I take the liberty of mentioning that I had an opportunity of 362 AXXALS OL-- XATAL. witnessing the labours of the American missionaries amongst the Kafirs, with which I have been highly delighted. The Rev. Mr. Grout, at the Umgeni, and Dr. Adams, at the Umlaasi, impart instruction to the natives, through the medium of their own lan- guage, and to them the natives have given proofs of grateful attach- ment. Mr. Grout has in his neighbourhood about eight thousand souls, and Dr. Adams calculates on fifteen thousand in the district bordering on his station. It was yet undecided whether these wor- thy men would remain in the country, as the Board had intimated a likelihood of their being recalled and those stations relinquished. This notice has given great pain to these estimable missionaries, who have just acquired the language of the country, and a knowledge of the character of the people. Their removal would be keenly felt by the natives, who are beginning to take a lively interest in the instruc- tion they are receiving. About one thousand usually attend the public services on a Sabbath. Mr. Grout has formerly laboured in Umpande's country, but the conduct of that cruel chief obliged him to quit that region. Since my return I received a letter from Mr. Grout, in which he says Umpande has by his messengers, now at Natal, expressed a wish that an agent from Government may be sent to stop with him, and has also expressed a wish that a missionary may be sent to him. As the effect of moral influence on the mind of the heathen must ever be considered of supreme importance, I take the liberty of remarking that it would be of incalculable benefit if those worthy men could be prevailed upon to continue their labours amongst those aborigines, should the American Board of Foreign Missions resolve to abandon their mission in the Natal district. As the aborigines will be secured in their right and title to the ground equally with the emigrant farmers, may I be permitted to suggest that the right and title to any extent of ground be secui-ed, not to the whole kraal collectively, but individually to every head of a family, with a proviso that he shall not be at liberty of selling that property to a white man for a term of years to be fixed. This will prevent all intrigue. Keep the proprietor on his property, which, with industry, as religion and civilixation extend, he will turn to his best advantage. It was delightful to me to notice the extent of the gardens cultivated by the Kafirs at Pietermaritzbnrg. I often witnessed parties of Kafirs coming with firewood and the produce of their gardens, which was readily disposed of to the inhabitants. To remove them out of the district would, I think, militate against the interest of the emigrant and the Kafir. AXXALS OF NATAL. 363 Where separate locations are established, and the right of every individual to his erf properly registered, a sufficient quantity of commonage for pasture lands should, besides, be secured to such location, and a missionary be appointed or invited to labour amongst them. In thus expressing my opinions, Sir, should I have done so with a freedom Avhich may be considered not becoming, I trust the purity of my motives in endeavouring to benefit the inhabitants of the new- colony, whether emigrants or natives, may plead in extenuation of such offence. I have the honour, th January last, I informed His Excellency that the continued state of excite- ment in which the northern part of this colony was kept was chiefly owing to the intelligence that the " Brazilia " had again arrived at Delagoa Bay. Nothing could dispel the idea from the haunted imaginations of many of the farmers thereabout that this pertinacity of the adventurer Smellekamp to open a communication with tin-in was owing to his having some important (and, of course, to them satisfactory) intelligence to impart. 4. This feeling gave rise to their withholding their claims to their farms and to the unsettled state of that district, which con- tinued to increase to such an extent that in the beginning of the month of December last, Joachim Prinslo, Gert Rudolf, one Cornelius Coetzee, and a young Bezuidenhout, resolved upon starting on horse- back to have a personal interview with Smellekamp, and to ascertain what intelligence he had to give them 07- what they had to expect from him. They arrived at Delagoa Bay about the middle of December, where they still found Smellekamp and the minister Ham (the wife of the latter having died in childbirth shortly before). The former then plainly informed them that the Dutch Government could not and would not afford them any protection ; he also told them that the British Government had asserted sovereignty over the surrounding territory up to the 25 of southern latitude, and there- fore pressed them to open a trade with him and the Dutch either there, at Delagoa Bay, at Sofala, or at some other place beyond that latitude. This declaration had the effect of at least opening- their eyes to the delusion which he had so long been practising upon them; and after remaining only twenty-four hours at Delagoa Bay they again returned, bringing with them, however, the seeds of that fearful malaria, or endemic, which there carries off a great portion of the population every summer, and from the effect of which Joachim Prinslo died within a fortnight of his return home ; Cornelius Coetzee did not even reach his home, but died at one of the remotest farms on this frontier; young Bezuidenhont was also seized with the same ANNALS OF NATAL. o6c malady, but recovered, owing to a young and vigorous constitution ; while Gert Rudolf (whom I have met) seems to have escaped the infection, although his constitution is much impaired. Thev also lost every horse they had taken with them. The effect of this expedition (however disastrous in itself) has been at length to satisfy the obstinate and besotted that no protection or aid can be expected from Smellekamp or his sovereign, as the whole population has in consequence now settled down to an entire submission to Her Majesty's authority. Wherever I called, I have not only been received with becoming attention, but every facility was afforded me durino- the many long rides I had to make to inspect the farms. The claimants to the town lots at Weenen, and to the farms generally, were reported to me as I passed through the country, and these I have duly registered ; at the same time availing myself of the oppor- tunity generally to explain to the people the views and sentiments of Her Majesty's Government with regard to their institutions and country. These combined circumstances have thus been attended with the happiest results ; everywhere neAV and better buildings are in progress of construction. Their wheat harvest has been most abundant, the season extremely favourable for their young stock, and by the unanimous admission of the principal inhabitants throughout the country they have but one complaint, which is the great inse- curity they are living in from the inroads of the Bushmen banditti occupying the fastnesses of the Draaksberg, from whence it has hitherto been impossible to dislodge them, nor have they even suc- ceeded in tracing their haunts or kraals. During the last twelve months they have carried on their attacks with great boldness and success, having carried away a large number of horses and horned cattle; the loss of the former having been very severely felt, as horses are still exceedingly scarce throughout the country. This subject should soon attract the attention of the Government ; and a military station placed at one of the farms contiguous to the Draaks- berg appears to me the only means of affording adequate protection to the inhabitants of those districts, who otherwise threaten to quit their farms if such security is not ensured to them as will enable them to live in peace. 5. I avail myself also of this opportunity to acquaint His Ex- cellency that I devoted particular attention to the character of the country lying between the Tugala and the Umsingaat (or Buffalo River), which by the treaty with Panda of the 5th October last has now become part of the Xatal colony and I cannot but state, of this 366 ANNALS OF NATAh. fertile and valuable * * * colony, it promises to be The most valuable part. The crops which have been reaped by the few farmers settled there have been exceedingly productive. It is by far the most healthy part of the country for cattle ; and coal is so abundant that in every river or stream the strata lie exposed, and every shower of rain, by tilling these streams, throws off fragments which are picked up in the beds of the rivers. A number of farmers in the vicinity of Natal are already allured by the favourable aspect of this district, and are preparing to occupy various parts of it : it affords me, there- fore, much satisfaction in assuring His Excellency that the inhabit- ants in those districts are in the enjoyment of every advantage which they could possibly desiderate ; that they are themselves becoming fully sensible of these advantages, and that the foundation is now fairly laid for the future peace and welfare of this country, which I hope nothing will be able to shake or destroy. 6. I also made it my duty, during my progress through the country between the Tugala and the TJmsingaat (or Buffalo River), to communicate with several chiefs of small kraals occupied by refugee Zulus from Panda's or Diiigaan's oppression, who have been allowed to reside upon those places on sufferance, but who had, in fact, con- sidered themselves in some degree independent of all authority. I apprised them distinctly of the terms of the treaty with Panda, stating to them that if they wished it they had full liberty to return to Panda's country, that no compulsion would be used to drive them away, but that should they prefer remaining in this country they were hereafter to obey any lawful authority which in the name of the Queen might be established. 7. They universally expressed great horror at the very thought of returning to Panda's territory, stating they were perfectly content where they were, and would continue quiet and peaceable subjects ; and it is but justice to them to add that every farmer in these dis- tricts has borne willing testimony to the honesty, fidelity, and peace- able disposition of all these Kafirs, without an individual exception, thus exhibiting a striking contrast with the predatory habits which the Kafirs about the Bay of Natal have acquired during the last twelve months from the unhappy and distracted state of the country. 8. By accounts recently received from Winburg, it now appears certain that a party of about fifty emigrant farmers, with sixteen wagons, left that place about the middle of the month of December last with a view to proceed to Delagoa Bay to fetch away the minister Ham. They appear to have taken a northerly route, and AXXALS OF XATAL. 36? after encountering mail}' difficulties Avere stopped for some time by large rivers and an impervious country, where their cattle were destroyed by a species of bee or wasp (which abound in those regions during a particular season of the year), the sting of which is so dangerous us to drive cattle frantic, and in many instances to kill them. The party thus, after losing some weeks in vain efforts to pass through the country, have now returned without having had any communication with Delagoa Bay. 9. I should also acquaint you, for His Excellency's information, that from the unusually swelled state of the rivers and the jaded condition of my horses after my late tours of inspection, I have found it utterly impossible to continue these distant journeys during the present month. I am, therefore, reluctantly compelled to defer them till the beginning of the ensuing month, so that my labours here cannot be closed before the beginning or the middle of April. 10. I have still, however, several farms to inspect in the neigh- bourhood, and to visit some interesting spots with a view to fixing suitable locations for the Zulu Kafirs, respecting which I propose to address His Excellency in a separate report, as a continuation of the subject contained in my letter to you of the 10th November last. These duties will fully occupy the whole of my time during the present month. I have the honour, fcc,, (Signed) H. CLOETE, H.M. Commissioner. HER MAJESTY'S COMMISSIONER IN NATAL (Ma. H. CLOETE) TO THE Hox. J. MONTAGU, SECRETARY TO GOVEUXMEXI. Pietermaritzburg, 14th March, 1844. SIR, I have the honour to acquaint you, for the information of His Excellency the Governor, that on the 30th November last a number of Kafir chiefs of small kraals situate on the light bank of the Tugala called upon me, stating that they had been informed that I had come here to investigate all claims to land, and that thev. having been on sufferance on some lands claimed by Johannes de Lange and other persons on the Tugala, were desirous to be located among themselves, on a spot where they might reside without hind- rance or interference from any one. I committed to paper the most pertinent questions put to and answered by them on this important subject, and determined to 368 A.NVU.s Ul .\ATAf.. examine personally the spot mentioned by them as soon as my other duties would enable me to devote some days to that special object. After the time had elapsed which I had fixed for receiving all claims to farms throughout this colony, it appeared to me advisable to proceed in the first instance to the district of Weenen. where the unsettled state of the people seemed to require my immediate atten- tion. Having successfully terminated that tour in the beginning ot' February, I resolved to devote some part of the month to the inspec- tion of the country mentioned by these Kafirs and the farms in that neighbourhood, while awaiting a reply to my letter of the ,"th January last as to the necessity of visiting the chief Faku and Capaay, to the westward, before the close of my mission. I accord- ingly left this place on the 22nd, and on the 25th reached the district alluded to by these Kafirs. Its situation is one of awful grandeur and sublimity, surrounded by precipitous crags and mountains : it is only accessible by footpaths, and even then can hardly be used by persons on horseback ; but the valley or rather the valleys below are beautifully wooded, and well supplied with water from the rivers, the Umvooti and Slainbeetee. These streams unite at the lower end, and continue to extend those valleys until they are further closed in by a mountain range to the southward. The whole extent of these valleys united is not less than twenty-five or thirty miles in length, varying in breadth from a few hundred to a thousand yards. The country is not occupied by any of the emigrant farmers, and I can hardly conceive a more favourable situation for locating from 8,000 to 10,000 Zulus, under the charge of a responsible officer appointed by Government, who could easily superintend and control them. I shall probably have occasion to dwell more minutely on the advantages of this situation hereafter ; and shall, therefore, now merely express it as my opinion that the wish of these Kafirs who called upon me should be attended to, and every encouragement given to their relatives and other Kafirs to join them in this settle- ment, whereby those districts which are at present swarming with them might gradually be cleared, and the excitement which con- tinues to prevail on that subject would be considerably allayed. I hurried my return, having been informed that the trials of Viljoen and Moolman would come on on the 29th, having expressed to His Excellency my intention to be present on the trial, which lias since been brought on on the 13th instant, and has terminated in the acquittal of ^loolman of the charge of murder or culpable homicide, and that against the Fieldcornet Viljoen for a breach of his instrnc- ANNALS OF NATAL. ifo tions as fieldcornet, in having illegally called out a party of armed men, has ended in a division on the Bench the heemraden having voted for his acquittal and the landdrost that he shonld be which division, I am informed, will bring this matter in before the Volksraad. The Volksraad was assembled here on the 4th instant, in t heir- ordinary quarterly sitting, when a memorial was again brought before them signed by the landdrost and some other inhabitants of Weenen, complaining of the continued influx of Kafirs and of the attacks of Bushmen. The substance of this memorial was transmitted to me in the- accompanying resolution, to which I sent an answer (copy of which I also enclose), which will shoAv His Excellency how incessant people are here in their complaints on this subject. The fact is that thev are kept in a state of constant excitement in consequence of the most malicious and wicked reports which from the worst motives are disseminated by a parcel of low wretches who endeavour bv every means to keep up this restless spirit. As proofs of this fact, I shall just state that during the last month the following reports were successively circulated with the greatest confidence and pressed upon my notice, and, despite my determined contradiction and the steps I took to undeceive everyone, were severally believed for a while, until the first having graduallv been proved to be false, the second was invented, and by this suc- cession of falsehoods the minds of the people have been kept unsettled for the whole month. The first report, which was confidently announced to me as an historical fact, was that the Moolmans (father and son) had been murdered at the Umcomaas by some Kafirs in revenge for the attack made upon them. The unfordable state of the river prevented the- possibility of contradiction for some time, so that some families were already so impressed with the truth that they had made preparations to quit their farms. No sooner was this falsehood at length estab- lished, but a report was raised and currently believed that Panda had sent in some messengers declaring war on account of his cattle not having been given up, and that his commando, or army, had approached the Tngala ; when the agitation created thereby had again subsided, a third story was got up that one Joachim Prinsl > ui wealth v farmer at the Mooi River) had been robbed by the Kaii one hundred head of cattle, which had been carried off to Port Natal; and when at length this was also shown to be a pure invei, 2 T AXXALS OF NATAL. another report came in circulation a few days ago that a like number of 100 head of cattle had been stolen by the Bushmen from Jan du Plessis, a wealthy farmer near the Draaksberg, the falsehood of which last report has not yet been established ; but from this detail His Excellency may easily imagine how an ignorant and naturally restless population is kept under excitement by a most singular and artful contrivance, the authors of which I have not been able clearly to trace, although it is not difficult to guess who they are. I was informed only a few days ago that the Volksraad in their late sitting had also adopted a resolution authorising the fieldcornets to give notice to such Kafirs as may have settled themselves down upon farms occupied since the 1st January to move, and upon their refus- ing to do so to destroy their huts and take their cattle to the pound. I have requested and have just received a copy of that resolu- tion, which I also take leave to transmit, upon which I shall feel it my duty to express to the Volksraad my opinion of the extreme clanger of such proceedings, and that every such complaint should first be made the subject of judicial enquiry, and that such a summary authority to the fieldcornets should not be conceded. I hope His Excellency will approve of thus treating with this subject, by which, even more than that of their lands (respecting which the excitement has in some degree passed away) the people are now kept constantly in a state of agitation in the manner in which I have above explained, and which nothing will effectually allay until one general, comprehensive system of locations for these vast numbers of Kafirs shall have been carried into effect. I have the honour, &c., (Signed) H. CLOETE, H.M. Commissioner. DESPATCH FROM SIR GEORGE NAPIER To THE RIGHT HONOURABLE THE LORD STANLEY, SECRETARY OF STATE. Government House, Cape of Good Hope, 16th March, 1844. MY LORD, I have the honour to forward herewith copies of various letters which have been received by me from Her Majesty's Commissioner and from the Commandant at Port Xatal subsequent to the 22nd January, the date of my last despatch on the subject, as also copy of the minute of pioceedings of the Executive Council Ihereon, and of the instructions which I have issued to the Commis- .sioner and Commandant in consequence. The latter are subjoined to their respective communications. ANNALS OF NATAL. 371 These documents contain a great mass of information to which I anticipate I need not refer in detail ; but I must observe that they, as well as the accompanying report of the Rev. A. Panre, the minister of the Dutch Reformed Church in Cape Town, whom I appointed to visit that settlement, show that the early appointment of some controlling power on the spot is highly requisit3 to put down the remaining symptoms of discontent, and to prevent the excesses which must always prevail amongst a people who have become accustomed to consider their own will as law, and many of whom are little inclined to obey magistrates of their own choosing, even if these should endeavour to act upon their presumed authority. Your Lordship will also observe that I have allowed a salary at the rate of 100 per annum, payable from the Xatal revenues, to the Rev. D. Lindley, who has for some time past officiated as minister at Pietermaritzburg; and as it appears that he is ready to subscribe to the regulations of the Dutch Reformed Church, to which the people belong, and to possess considerable influence in his sphere of duty, I earnestly recommend that the appointment be confirmed. Mr. Liudley's character is free from the slightest suspicion of interference with the turmoils of the time, except in his endeavour to restrain the refractory; and as he has, notwithstanding, retained the confidence of his flock, he is likely to prove a more useful pastor than any other, and is perhaps quite as acceptable to the people as the minister from Holland who was recently prevented from joining them would have been. To the nomination to that cure at present of a native of Great Britain there would, I fear, be insuperable objections ; and even if either of the young ministers in the colony who are waiting for appointments were willing to accept that at Xatal, I should hesitate to send him thither, as the necessary experience for the management of the people would be wanting; and the uncourteous reception given in some instances to Mr. Faure himself, who is personally acquainted with many of the elder emi- grants, proves that even a Cape colonist, a countryman of their own, is looked upon by many of them in no very favourable light. Under a regulated local administration the asperities will, I have no doubt, gradually subside ; but I consider it in the meantime inexpedient, and wholly at variance with the benevolent views of Her Majesty, to give any cause for additional dissatisfaction, particularly on a point to which some importance is evidently attached. I have, &c., (Signed) GEORGE NAPIER. 372 ANNALS OF NATAL. EXECUTIVE COUNCIL, GTH APRIL, 1844. In pursuance of a summons from His Excellency the Governor to tiiat effect, the Council assembled this day at this office. Present : His Excellency the Governor and all the members. John Moore Craig took the oaths as Clerk of the Executive Council. After prayers, His Excellency the Governor read to the Council the following minute relative to the present state and future care of the natives in the Natal territory, upon which he requested the opinion of the Council. * The Council having taken the subject into their consideration, are of opinion that the Rev. Alden Groat and Dr. Adams should be provisionally appointed to establish two Christian Missions among these people, leaving it to the judgment and discretion of the mis- sionaries to determine either to labour in the same field or to arrange the respective localities of these missions and the field of labour to be assigned to each. The Council recommend that, as a temporary provision, His Excellency should assign a salary of 150 per annum to each, payable out of the Natal treasury, which sums should include all the expenses of erecting schools and other buildings requisite for the purpose of the mission. That the remuneration to be assigned to each be made payable from the date of their reporting themselves to .Major Smith as ready to commence their labours as Government missionaries, and that the charge for the passage of the Re\. A. Grout from here to Port Xatal should be defrayed from the same source. The Council further recommend that His Excellency should sanction, as a temporary measure, and subject to the approval of Her .Majesty's Government, the occupation by the mission of whatever unappropriated Government lands may be required for the purpose of supporting the natives assembled at those stations : that the instruc- tions which His Excellency proposes to issue for the guidance of the missionaries embrace all points upon which it is practicable to instruct them; but it might tend to the success of the undertaking to impress upon the missionaries that, although they possess no civil authority to enforce law or to punish outrage, still they should employ rlie inHiu-nce which they have acquired among the natives to prevent the Zulus from plundering the farmers, and to discourage the farther emigration from Panda's territory, or any other not belonging to Her -Maje>ty ; and they should take special care that the natives who may place themselves under their charge shall only bring their own AXXALS OF XATAL. 373 property with them ; and in case the property of others is found in their possession, that their influence and authority should be exerted to cause the same to be returned to the rightful owner. LETTER FROM HON. A. MONTAGU TO REV. J. GROUT. Colonial Office, Cape Town, 10th April, 1844. SIR, With reference to your several interviews with and com- munications with the Government relative to the state and future care of the natives in the Natal territory, I am directed by the Governor to acquaint you that, as it appears that these people the number of whom is estimated at 80,000 to 100,000 are totally dis- organised, and liable to every species of oppression, and that allow- ing them to remain in their present unsettled condition would give rise to constant collisions between them and the white population, induce them to commit depredations on the latter, who would naturally retaliate upon them, and cause a state of things which would be most disastrous to both parties, His Excellency has been pleased to approve of the natives being placed under such super- intendence as it is in his power to procure, a measure which seems to him to present the greatest advantages attainable under existing circumstances In the present unsettled state of the Natal territory, His Excel- lency has no authority to grant lands for the occupation of the natives, nor to establish any civil government among them ; but being anxious that they should not be destitute of moral and religious instruction, and of the exercise of some salutary influence over them, His Excellency has determined, as a temporary measure, to establish two Christian Missions among them, to assign 300 per annum from the Natal chest for their joint support, which sum is to include all the expense of erecting schools and other buildings requisite for the purposes of these missions ; and as the Rev. Dr. Adams and yourself, who have both laboured as missionaries among them, and are well fitted for the work by your experience of the people and knowledge of the native language and habits, are willing to undertake these missions, His Excellency has been pleased provisionally to appoint you as well as that gentleman to the superintendence of the same, leaving it to yourselves either to labour in the same field together or to arrange between you the respective localities of these missions 374 ANXALS OF NATAL. and the field of labour to be assigned to each of you, as you may think proper. Your remuneration, which has been fixed at 150 per annum, will be payable from the date of your reporting yourself to Major Smith as ready to commence your labours as Government missionary, and he will also be instructed to defray the charge of your passage to Xatal if you will inform me to what it will amount. Thus commissioned, you will receive the countenance and sup- port of the Government while you adhere to the following instruc- tions, of which Major Smith will be informed, with whom you will communicate on the subject on your arrival at Port Xatal ; after- which you will gather around you such of the natives as you can persuade to form a peaceable settlement, and whom His Excellency will allow temporarily to occupy whatever Government lands are unappropriated subject, however, to the approval of Her Majesty s Government. It will be your duty to endeavour to teach the natives the truths of the Gospel according to the harmony of the Protestant confessions of faith, and to induce them to live in the practice of Christian morality. To this end, yon must establish schools for old and young 1 wherever suitable ; and you will hold divine service every Sunday, and at such other times as you shall deem practicable. Yon will bear in mind that you have no civil authority what- ever to enable you to enforce law or to punish for outrage : but yn must depend solely on the moral influence which you possess or may hereafter acquire over the natives. You will not omit to endeavour to prevent the Zulus by every means in your power from plundering the fanners, and discourage as much as possible their further emigration from Panda's country. < >r any other not belonging to Her Majesty ; and you Avill also take care that the natives who may place themselves under your charge shall only bring their own property with them ; and in case you shall dis- cover in their possession the property of others, you will use your influence and authority in causing the same to be restored to the rightful owners. You will make periodical reports to this office of the state of things existing among the natives, and of the success of your labours. You will also immediately report to Major Smith all hostile- aggressions of any parties whereby the condition of the natives is affected, and all eases of serious crime among them. Yon will be pleased to understand that the Government holds ANNALS OK NATAL. 375 itself at perfect liberty to make any alterations in these instructions, and in the scheme to which they relate, according as the changing circumstances of the Natal territory, or of the natives themselves, shall require ; and it must be distinctly understood that the whole arrangement is purely of a temporary nature. (Signed) JOHN MONTAGU. LETTER FROM HON. J. MONTAGU TO REV. DR. ADAMS. Colonial Office, Cape Town, 10th April, 1844. SIR, The Governor having been informed that you are willing to become a Government missionary among the native Zulus in the Natal territory, I am directed by His Excellency the Governor to acquaint you that he has accordingly been pleased to appoint you to such an office upon the same terms as those on which the Rev. Alden Grout has been appointed to be your co-missionary, and which are contained in the letter of instructions which I have this day addressed to him, a copy of which is herewith inclosed for your information and guidance. I have the honour, &c., (Signed) J. MONTAGU. ADDRESS TO THE HON. HENRY CLOETE, LL.D., HER MAJESTY'S COMMISSIONER. [From the " Zuid Afrikaan " (Cape newspaper), 17th May, 1844.] Pietermaritzburg, llth April, 1844. HONOURABLE SIR, We, the undersigned, inhabitants of Natal, having heard of your approaching departure to the Cape Colony, cannot allow such an event to take place without not only presenting to you our cordial thanks for your general politeness and attention shown to us, but we should consider ourselves particularly neglect- ful if you had left us without the expression of our gratitude, and we rejoice at the apparent good done by your Honour for the inhabit- ants of this country. That your work has been a difficult one, and not free from per- sonal danger, is evident to every man of information amongst us. At the same time, we rejoice that your Honour has fulfilled your 3/6 ANNALS OF NATAL. mission in every respect as a man of honour and a Christian. In short, your presence has brought this territory into a state of tran- quillity. We cannot part from your Honour without mentioning our conviction that, had your message to this country been mn-.li- :it an earlier period, many of the untoward circumstances which have occurred at Natal would have been prevented. We shall not, how- ever, now complain of what could or should have been done. The Almighty God be thanked that those have gone by, and, if not forgotten, are forgiven by all. We still sustain the hope that we shall again have the pleasure of seeing your Honour among iis in an official capacity, by which we shall be enabled to reap, as we have already done, the harvest of your abilities and of your affection for us. Your Honour, however, will depart from us with the esteem and respect of every well-disposed person, and, what is more, with your own consciousness that you have fulfilled your duty and admi- nistered justice to each of your countrymen. May your Honour have a prosperous and agreeable voyage homewards to your family, from whom your Honour has been so long separated while in our service; and in the hope to welcome your Honour soon again, we have the honour to subscribe ourselves, with the greatest respect, Honourable Sir, Your Honour's obedient servants, (Signed) J. P. ZIETSMAN,* J. P. MULLEK, G. WINDER, P. F. R. OTTO, THOS. SHEARS, P. H. ZIETS.MAN, A. COQUI, H. DE LANG, H. G. MiMr.\<.H. B. POOKTMAN, W. WILSON, L. BADENHORST, J. C. BOSHOF, M. J. POTGIETER, J. S. ZlETSMAN. W. H. v. AARDT, DESPATCH FROM SIR P. MAITLAND TO THE RltiHT HONoriJAIiLE THE LOHD STANLEY, SECKETAUY OF STATE. Government House, Cape of Good Hope, 12th April, 1844. MY Lout), I have the honour to transmit herewith a letter f-om Mr. Cloete, Her Majesty's Commissioner at Natal, reporting the r> er disagreeable it might have been, it was nevertheless more advisable to leave the inhabitants of this place in general for a further space of time ignorant of the most important points con- nected with the government of this country than by any presump- tions or expectations of myself to expose Her Majesty's Government to discontent or opposition when the time shall arrive that the resolutions of the Government must be put in force. In taking leave, thei-efore, I hereby earnestly request that you will yet for a short time patiently await Her Majesty's decision in respect of all the institutions of this country, resting assured that it will tend to place the Arelfare and happiness of this country on a fair and lasting foundation ; and receive herewith from myself, with the most anxious care for your well-being, the assurance that, wherever I may find myself, nothing will be more agreeable to me than to co-operate in promoting the happiness of this country. I have the honour, &c., (Signed) H. CLOETE, H.M. Commissioner. AXXALS Ob' XATAL. 379 DESPATCH FROM LORD STANLEY TO SIR P. MAITLAND. Downing-street, 25th May, 1844. Lieut. -General Sir P. MAITLAXD, K.C.B., &c. SIR, Your pi-edecessor's despatches of the 1st December and l22nd January have received the fullest consideration from Her Majesty's Government ; and although I am not in a condition to furnish you with definitive instructions upon all the points to which they refer, I deem it advisable not to delay communicating to you the views which we take upon those questions which seem more immediately to require and upon which I am able to announce a decision. I am bapp3* to have it in my power to convey to you Her Majesty's sanction for including in the amnesty for past offences the names of Mr. Michael van Breda and Joachim Prinslo ; and I trust that this extension of Her Majesty's clemency to two persons who had taken so leading a part in the base transactions will confirm them in the more loyal course which they have recently adopted, and lead them to use the influence which they possess with their fellow- countrymen for the maintenance of dutiful allegiance to the Sovereign and obedience to the law. 1 regret that the report received by your predecessor from Mr. Cloete does not warrant me in recommending to Her Majesty a similar extension of mercy towards Servaas van Breda and J. J. Burger. Her Majesty's Government have carefully considered the question how far it may be possible to constitute the territory of Natal a separate and independent Government, wholly unconnected with the Cape of Good Hope, and communicating directly with the Home Government. This entire separation is asked for by the memorial of the Council at Pietermaritzbnrg, and recommended by Mr. Cloete and the Council at the Cape. Her Majesty's Government are of opinion, however, that for the present, at least, it would not be advisable to accede to this proposition, though supported by such concurrent authorities. They are of opinion that it may be perfectly practicable to separate the Colony of Natal from that of the Cape for all judicial, financial, and executive purposes, but subject to certain important modifications which it will be my duty to state to you. They think that the legislative powers must be for the present retained in the hands of the Governor and Council at the Cape, and that communi- cations from Natal to the Secretaiy of State should continue to be 380 AXXALS OF XATAL. transmitted through you. The present position of the Xatal district is peculiar. Independently of the circumstances which have led to tlu- formation and adoption of the settlement, the population widely scattered consists of a great variety of races of different degrees of intelligence and civilization, and influenced by very different views and habits English. Dutch, Kafirs, and no inconsiderable number of Zulus and others \vlio are either natives of the soil or who have fled from the tyranny of neighbouring native chiefs to the comparative security of a district placed, however imperfectly, under British protection. It does not appear to us possible in such a community so circumstanced to frame a local Government which should fairly represent the interests of all these various and often conflicting pai'ties, do impartial justice between them, and be competent to undertake and carry on the-business of legislation, in reference not only to the domestic but to the external affairs of the colony. Nor do we think that in its present state the colony would have either the power or the will to bear the expenses incident to such an inde- pendent Legislature. Besides, the affairs of the whole of South Africa are so intimately connected together, they have so much com- munity of feeling, and so many interests in common, that it appears very desirable that the Secretary of State, in carrying on corre- spondence at so great a distance, should have the advantage of the advice and assistance of the Governor of the Cape, and that he should be invested with the power of exercising the same species of control over the neighbouring but inferior colony which he now exercise* over the Lieutenant- Governor of the Eastern Districts, or which the Governor-in-Chief of the Windward or Leeward Islands in the West Indies exercises over the Lieutenant-Governors of the subordinate colonies. Such a subordination tends to facilitate the transaction of public business, to render unnecessary many references to the Home Government, and to produce uniformity and concert in the adminis- tration of colonies whose interests are necessarily intimately con- nected with each other. I do not think I can more strongly illustrate the difficulties which present themselves in the formation of a local Government than by the enumeration of the various proposals submitted for the consideration of HIT .Majesty's Government. The Council of the Boers ask for a legislative body to consist of twelve persons, to IK elected by the inhabitants. Mr. Cloete dissents from this proposi- tion, and stated as his reasons "that a Council so constituted would fail to secure an efficient government, and would introduce a most AXXALS OF NAT A I,. 381 chaotic assemblage of legislators ; that throughout the whole country, in its present state, twelve persons could not be found competent to undertake by themselves the duty of legislation ; but should a Council be formed of twelve persons of ordinary talent and capacity in the manner proposed, unassisted by professional or official persons, and only with the Governor at their head, the latter would soon find himself surrounded by persons who would form themselves into a party opposed to every measure of government, or the former would sink into mei'e automata." He then suggests that the Council should be composed of twelve persons of Avhom eight should be elected for three districts, into which he proposes to divide the colony, and four should be nominated by the Crown. The Council at the Cape recommend that the Council should consist of six persons, all of whom should be nominated by the Crown. Her Majesty's Government do not think that any of these pro- posals would effect the object of securing a legislative body which would give contentment to the settlers, or canyon harmoniously and efficiently the administration of the affairs of the colony ; and they are of opinion that for some time, at least, the chief legislative power should rest in the Colony of the Cape. In conformity with this decision, it will rest with you to submit to your Council such legislative measures as may be requisite for carrying into effect the scheme of government for the territory of Xatal which I shall proceed to explain to you. But in the first place it may be desirable that, adverting to your predecessor's despatch No. 6, of 22nd January last, I should signify to you Her Majesty's pleasure as to the limits which should for the present be assigned to that territory. On the north-west many considerations combine in recommending that the great natural boundary of the Drakensberg or Quathlamba Mountains should be adhered to, and that communications with the interior beyond those mountains should be discouraged, and as far as possible prevented. Her Majesty's Government cannot be held responsible either for the conduct or for the protection of such of her subjects as may think fit to migrate into the interior; but it will be the bonnden. duty of the authorities of the Xatal territory to prevent any such migration of an armed or predatory character. The peace of the frontier requires that the passage of the Drakensberg to or fro should be carefully watched ; and I apprehend that the natural 382 AX.V.U.S Of NATAI,. features of the country will give facilities for such supervision. On the north-east, I see no reason to dissent from the terras arranged between Mr. Cloete and Panda, chief of the Zulus, whereby the Tugela from its mouth to its junction with the Umzimyati (or Buf- falo River), and thence up that river to its source in the mountains, is constituted the boundary of the two States. The documents in niy possession do not enable me to define with accuracy the boundary which should be assigned to the new colony on the south-west. One of the many rivers which appear to flow in a parallel direction from the mountains to the sea should obviously be selected ; and care must be taken not to extend the frontiers westward, so as to include any district actually possessed and occupied by well-established native tribes. Subject to this limitation, Her Majesty's Government an prepared to entrust to your discretion the definition of the south- west boundary of the colony : and having decided this point, with the advice of your Council and the aid of such local information as you can obtain, you will signify the limits assigned to the new colony by proclamation in the name of Her Majesty. I do not disapprove of the cession made by King Panda of the Bay of St. Lucia for the purpose for which it was made, namely, that of obviating the possibility of interference on the part of any other European Power, or any body of adventurers ; but you will distinctly state to Panda that it is not intended to form any settlement there ; and yon will strictly prohibit any of Her Majesty's subjects from occupying any land or forming any establishments to the eastward of the Tugela. I foresee the risk of considerable embarrassment from the influx which may pi'obably take place into the newly recognized British territory of fugitives from the tyranny of Panda, endangering, should they arrive in such numbei-s as are now thought probable, the internal peace of the colony, and possibly provoking aggression by the /nln> upon a frontier which at present and for some time must be com- paratively defenceless. On this subject, however, and on the general conduct to be pursued towards the large body of natives now within the colony, I propose to address you in a separate despatch. I propose also to reserve for separate considei-ation the impor-t ant question for which, however, you may expect to receive early instructions of the claims to land, the titles to be granted, and the conditions on which lands shall now be held or shall in future be disposed of. I will only say at present that Her Majesty's Govern- ment are disposed to consider favourably the fair claims of individual AXXALS OF NATAL. 383 settlers, so far as they can be reconciled with the object of preventing an extensive dispersion of the community, injurious to civilization and good government, and of providing for future and possibly extensive immigration, whether from the Cape or from this country. I have stated the opinion of Her Majesty's Government that the legislative power, : so far as the general affairs of the country are concerned, should be vested in the Council under your direction; and, generally speaking, I deem it expedient that the criminal, civil, and commercial ordinances of the Cape Colony should be in force in the Xatal district. It will, however, be desirable that the officer to be appointed as Lieutenant-Governor should be aided by an Executive Council, consisting of not more than five members, who should have power to recommend to you such exceptional laws as the}* may think tit to suggest for the government of Xatal, 011 which }'ou and your Council will exercise your judgment. Subject, however, to the general superintendence of the Cape Legislature, I am inclined to think that the wish of the Xatal colo- nists may be to a great measure complied with by the formation of local bodies invested with extensive jurisdiction within their own dis- tricts, and with powers of making bye-laws for the regulation of their local affairs. I enclose to you, rather in illustration of the object which I have in view than as a model which should be closely copied, the enactments of the British Parliament with respect to local muni- cipal bodies in New South Wales, and those of the Canadian Legis- lature for establishing similar bodies in that province. You will observe that to these bodies is conceded a considerable power of legislation and taxation, for constructing and maintaining public roads, bridges, and public buildings generally throughout the districts ; for the purchase and sale of real property, and the super- intendence and management of all property belonging to the districts ; the maintenance of parish and township schools ; for regulating the payment of salaries, &c., to district officers ; the maintenance of an effective system of police ; in short, for almost all the objects of primary importance to a young community. I wish you to consider with your Council the propriety of ex- tending any or all of these powers to local boards to be constituted on similar principles in the Colony of Natal, and to pass such an ordinance as you may deem best fitted for carrying that object into effect. I conceive that power should be given to the Lieutenant-Governor to specify the boundaries of districts over which the power of each 384 AXN'ALS OF NATAL. local board should extend, and from time to time to alter these limits, and to form new districts, as fresh towns or villages spring up, which may form each the nucleus of a sufficient population to authorise and to maintain a separate establishment. For the present, I apprehend that two, or at most three, such districts would be sufficient : one at Pietermaritzburg, one at Natal, and one in a district called Weenen by Mr. Cloete, which I understand to lie to the north-east, but with reference to which I am not in possession of much infor- mation. Xor is it necessary that the constitution of the governing body of these districts should be in all cases the same. On the contrary, I think they may be usefully varied with reference to the habits, language, and wishes of the bulk of the population who are destined to live under them. Pietermaritzburg and the adjacent country will probably be occupied principally by a population of Dutch descent, attached to institutions which they long possessed at the Cape, and of which they have constantly regretted the discontinuance. I see no reason why these national preferences should not be indulged and the wishes of the Volksraad in great measure complied with by the institution of the offices of landdrosr and heemraden, with extensive municipal and limited judicial functions. In the district around Port Natal, 011 the contrary, the popula- tion will probably be mainly of English descent ; and in that district a municipal body, popularly elected, may perform the functions allotted elsewhere to the heemraden. I should deem it indispensable, however, that the landdrosts and the chief authority in the municipal bodies should be nominated in the Crown, as provided in the case of similar offices in Canada by the Canadian Legislature, and in New South Wales by the Imperial Legislature though in the former case I should not hesitate to limit the selection to persons holding a certain property qualification and conversant with the Dutch language. I think it also necessary that the Lieutenant-Governor should bo able to understand and speak Dutch, and hear in person any repre- sentations which may be made to him by those under his govern- ment. It must be distinctly understood that each of these districts whether through the landdrosts or through the municipality will be empowered and expected to provide, by local assessment or otherwise, for all expenses of a purely local character, including the adniinisl ration of justice, bo such an extent as may be entrusted to them. They will have power to impose taxes on all land not in t ho AXXALS OF NATAL. possession of the Crown within the district over which they preside, and to apply the proceeds to local objects. Her Majesty's Government will not be indisposed, with a view of relieving the local assessments and increasing the fund for local objects, to make over to each municipality which may be constituted a limited amount of land in the immediate vicinity of the town reserving, of course, in every case such portions as may be required for military purposes. I am not prepared to state the extent to which this principle may be carried; but I cannot hold out the smallest expectation that Her Majesty will be advised to recognise the claim to the vast extent which is put forward by the Volksraad, amounting, according to Mr. Cloete, to one hundred or one hundred and fifty square miles. It will be necessary to provide for the management of the lands of the municipalities by bye-laws to be sanctioned by the Lieutenant- Governor. I am disposed to concur with Mr. Cloete in opinion that it will not be practicable to entrust to such a court of appeal as is con- templated by the memorialists the highest judicial powers in matters civil or criminal ; and I think his scheme of the establishment of a single judge, holding alternate courts at the principal town or settlement of each municipal district, ought to be adopted. From the decision of any such judge an appeal ought, perhaps, to be to the Supreme Court of the Cape. The revenue of the Province of Natal would be either general or municipal. So far as it was municipal, it would arise from local i-ates and assessments, and would be applied to the local exigencies of the district. So far as it was general, it would result from customs and other taxes, affecting alike the whole society. That general revenue must be applied to general purposes, and especially to the maintenance of the executive government, the judicial establishment, and the revenue establishment of the entire province. Her Majesty is willing to confirm and sanction all the pro- visional appointments which have hitherto been made to public offices in Her Majesty's service in Natal. If the general revenue should prove inadequate to the support of those offices, their number or their emoluments must be reduced. I can hold out no prospect that any deficiency would be supplied from the revenues of the Kingdom. To the same general fund viz., the general revenue the local Government must look for defraying the expenses of the public works and buildings which the exigencies of society may 2 U 386 AXXALS OF NATAL. require. The consequence must, of course, be that for a considerable time to come such works must be upon a scale of great moderation, and in many cases inadequate to the ends for which they may be required. In order to carry these general views into execution, it will be necessary that various laws should forthwith be promulgated by yom-self, with the advice and consent of the Legislative Council of the Cape of Good Hope, and that all requisite instructions should be addressed by you to the Lieutenant-Governor of the Province of Natal. I have, &c., (Signed) STANLEY. DESPATCH FROM LORD STANLEY TO SIR P. MAITLAND. Downing-street, 2oth May, 1844. Lieut. -General Sir PEREGRINE MAITLAND, K.C.B., &c. SIR, Referring to my despatch of this date on the subject of Port Natal, I think it right in this separate communication to direct your attention to the importance of taking every practicable measure for securing the occupation to persons of British birth of the terri- tory immediately adjacent to the port or harbour of Natal, and of the territory within the Weenen district. As far as Dutch settlers can be excluded from those territories without injustice to them, or affording them any just cause of complaint, it will be sound policy to promote their exclusion. It will also be important to prevent, as much as may be prac- ticable, the resort of the native tribes to the province ; but as it may be impossible entirely to prevent this, every safe measure should be taken to induce such of the natives as may settle there to take up their abode within the districts occupied by the English settlers, and at as great a distance as possible from the frontier. I have, &c., (Signed) STANLEY. HER MAJESTY'S COMMISSIONER, NATAL (MR- H. CLOETE) TO THEHox. J. MONTAGU, SECRETARY TO GOVERX.MKXT. Cape Town, 30th May, 1844. SIR, Having this day completed and addressed to you, for the information of His Excellency the Governor, my report upon all the farms liona fide occupied in the territory of Natal, together with a volume in which a full entry has been made of each particular farm, AXXALS OF NATAL. 387 I have the honour to state that this work appears to me to fulfil the duty which, under the instructions of Her Majesty's Government, I was principally required to perform by virtue of my appointment. I cannot, however, but submit to you for His Excellency's con- sideration that in the course of my enquiries the claims to other lands not coming under the above class have been so strongly urged upon my attention, and the political and physical state and character of the Natal country appear to me so little understood, that I should conceive I had inadequately accomplished the object of my mission if I withheld from Her Majesty's Government the information which I have gathered on these subjects, and I shall therefore crave the liberty of communicating to you in the ensuing month the views which I find myself called upon to submit for the consideration of His Ex- cellency the Governor and Her Majesty's Government on these topics. Having also been informed that the holding of my present situa- tion maybe considered as clashing with my appointment as a member of the Legislative Council, and thus inconvenience might arise to the public service, I beg leave herewith to resign my office as Her Majesty's Commissioner for the Territory of Natal, trusting that His Excel- lency will be pleased to have in consideration the labours I am still anxious to devote for the benefit of Her Majesty's Government by making such an allowance to myself and my clerk as the nature and importance of those duties may seem to justify. I have the honour, also yielded submission. The impression having generally prevailed that by the withdrawal of the troops stationed there for a time, under the command of Captain Jervis, of the 72nd Regiment, the British Government had determined to give up all interference with the affairs of Natal, and seemed inclined to leave them to their own self-government, a land board was soon estab- lished, to whom the duty was entrusted of receiving all claims to land throughout the Natal territory. These were first noted in a registry book, where priority of entry gave preference of choice to the lands claimed : it having also been declared that each of those emigrants who had entered the Natal territory prior to the year 1838 would be entitled to two farms and one erf or building lot, at the town of Pietermaritzburg, Weenen, or Port Natal. These books of land claimed wei'e soon filled by the numerous applicants for farms, and upon an inspection of the same I found that no less than 1,800 had been so entered therein. In many instances the applicants ANNALS OF NATAL. 389 followed up their assumed right to the lands claimed by taking possession : but in by far the greater number of cases the parties found it advisable, in the insecure state of the country, to congregate together on some farms which appeared to be favourably situated for defence, or at Pietermaritzburg ; and on the most of these farms some mound or square was formed, to which upon the first alarm they always retired. The subsequent hostilities which broke out with Her Majesty's troops made them still more apprehensive of the Kafirs, who were daily flowing in from the Zulu country in alarming numbers ; and from the combination of these circumstances very few farms had the advantage of being permanently occupied or exten- sively cultivated, the occupiers having been content in the far greater number of cases to depasture them with their herds of cattle without laying out much labour or expense in the cultivation of the soil or in the erection of buildings. The claims of the applicants having been noted, for which a fee of a few shillings was exacted, were thereupon referred to two inspectors appointed in each district, who, together with the field- cornet (if he did not happen to be one of the inspectors), held a minute survey of each farm, appointing all parties interested, and defining the boundaries, taking as much as possible some natural landmarks or rivers as the limits between the adjoining places ; one of the title-deeds of such a farm, hereunto annexed, will best show the manner in which these boundaries were defined. Not having had the aid of a surveyor (in fact, there is not one in the country), it was impossible for me to test clearly the extent thus granted to each farm ; but by a laAv enacted by the Volksraad on the 14th April, 184-1, entitled " a law for fixing the right of burghership and the possession of land and fixed property in the territory of Natal," it was clearly laid down that of right no farm should exceed the extent of three thousand morgen (or, in round numbers, 6,000 acres) ; although in many, and even I should say in most instances, as far as I have been able to form an approximate estimate, I have reason to believe that the area granted to most farms, where the extent has not been clearly certified to be less, will be found upon a regular survey to exceed the amount of 3,000 morgen. Upon the report of the inspector or fieldcornet being thus transmitted to the land board, a further critical investigation took place of any adverse claims or servitudes which it might become necessary to impose upon the land ; and after these enquiries were satisfied, a regular grant in writing or in a printed form was issued 39 ANNALS OF NATAL. to the parties upon payment of a fee of, I believe, 1 10s., exclu- sive of the fees for the inspection of the farms which were paid to- the inspectors. In this shape about 500 farms were inspected, reported upon, and granted by the Volksraad, until the month of October, 1842, * * * when the Commandant of Port Natal, having had his attention drawn to the " Republican and Indepen- dent " title under which these grants were issued, forwarded a notice to the Volksraad interdicting any further issues of such grants, and from the dates of the title deeds laid before me none appears to have been issued after that. date. The unsettled state of the country, and the apprehension of some hostilities taking place, constantly caused an almost total cessation of public business. Few farms were even inspected during the last two years, and the emigi-ant farmers continued in a state of uncertainty occupying these few farms, upon which three or four- families genei-ally settled themselves down, leaving several farms which they had begun previously to occupy abandoned, or only occasionally occupied by depasturing their cattle upon them. From such a state of the country it arises that, after minutely investigating the nature, extent, and manner in which their farms were occupied, I felt myself justified in certifying only one hundred and ninety-eight farms as appear to me to have been occupied in the terms of the proclamation of the 12th May, 1843. It will not be necessary to go into details of the nature of occu- pation of each farm. They are fully set forth in the accompanying volume, which contains as it were the history of each separate farm, attested by the statement of the claimant himself, or of some person duly authorised by him to make such statement. The only point which it will be necessary to explain more generally is the difficulties of making these enquiries. It is clear that in every case in which a claimant showed that he had lived upon, built, and cultivated his farm daring the twelve months prior to my arrival in the territory of Natal, there was no difficulty of coming to the simple conclusion that such a farm had been occupied under the provisions of that proclamation ; but in the investigation of many cases it became necessary for me to endeavour to define with precision, and with reference to the particular nature of each case, what may be said to constitute a farm lonajide occupied in the terms of Her Majesty's instructions. It appeared to me just and reasonable to infer that actual residence upon a farm was not required, or those terms would have AKNALS OF NATAL. 39 i been used ; and from the nature and habits of the people, from the character of their agricultural and pastoral pursuits, and from the very physical state of many of these farms, which are only fit for depasturing cattle, I was driven to the conclusion that a continuous and permanent occupation of the land, either by residence, cultiva- tion, or by regular depasturing of cattle, would constitute and answer to the bonajide occupation mentioned in Her Majesty's iiistr actions. Having eome to this conclusion, I made in every case a most searching enquiry, either by personally examining the spots, or by the evidence of competent and disinterested persons, as to the nature and extent of the occupation alleged by the claimant ; and whenever the result of my enquiries led to confirm the accuracies of their statements, I have entered them in the present volume, which con- tains the list only of such farms respecting which no doubt existed in my mind ; and I have availed myself of the liberty afforded me under the authority granted by his late Excellency, Sir George Napier, as communicated to me in your letter of 6th October, 1843, to class under separate heads all such farms respecting which any doubt remained either as to the character and period of occupation, or as to such respecting which the claimants only showed that they had become bonajide purchasers, but without having occupied their farms in any way whatever. Another difficulty which I experienced was to ascertain the extent of cultivation, or the quantity of cattle which each individual farmer had kept upon his farm. Upon these points I soon found it utterly impossible to arrive at any just conclusion in fact, that the result of every enquiry would only tend to mislead or embarrass. No farmer is ever capable of making even an approximating guess of the quantity of land he has under cultivation. In the infant state of the Natal Colony, owing to the want of markets, and the dangers attending life and property, the extent of land found by me under cultivation on each farm has been com- paratively small. From thirty to forty acres may be said to be the largest extent ; but, independent of these farms, cultivated with barley, wheat, oats, Indian corn, or maize, every farmer has his kitchen garden (although of small extent) whenever the leading out of water ensures a regular supply of water ; but in very many cases, especially in the northern district of Weenen, there are compara- tively few places where land can be irrigated the depths of the beds of the rivers there rendering it difficult, if not impracticable, to lead out the water. Those places are thus reduced to simply grazing ANNALS OF NATAL.- farms, where 110 cultivation could advantageously take place, or where the crops would be so endangered to be trampled down and destroyed by the cattle as to render it inexpedient to incur the trouble and risk of sowing upon such farms. I found it equally impossible in regard to those farms to form anything like a correct estimate of the cattle kept upon each farm. The occupier or claimant of such a farm may have but a small herd belonging to himself, and yet several hundreds belonging to farmers from other districts were found in many instances depasturing on their lands. This is, in fact, frequently and almost universally done among them, with a view of changing the pasture, as the best means f checking disease or mortality among their cattle ; and I soon found it not only impossible to pursue such enquiries, but that these would be entirely valueless, as every claimant was clearly made to understand that in no one instance would he be deemed entitled to claim an extent beyond 3,000 morgen that being the extent which, by common consent of the whole community, had been considered the maximum of the extent of such farms and that even in many instances a reduction must take place where the proximity of farms to each other renders it impracticable to grant to each the full extent of the farms claimed by them. These results will, however, only be found when surveyors regularly appointed shall begin to ascertain the true limits of each farm, and until such time it will be sufficient (it strikes me) for Her Majesty's Government to declare (with reference to the extent of each farm as claimed by the present occupiers) that in no one instance is that extent to exceed 3,000 morgen ; and even in such cases where the distance of two or more farms asunder may admit the possibility of each receiving that full amount or more, I would take leave to submit that an equitable reduction should be made bj the Government, keeping in view that, in deciding upon any conflict- ing claims, preference should not be allowed to whomsoever may hold a grant or title deed, but to him who either by himself or his predecessor may have been the oldest occupier of one or other of the farms in dispute. The next point for consideration with Her Majesty's Govern- ment, will be the tenure under which these farms are to be granted. Upon fully weighing that subject, I see no reason for differing from the opinion already expressed by me in my report dated the 8th September, 1843, accompanying the address of the Volksraad, touch- ing their political and judicial institutions, in which I took leave to AXXALS OF NATAL. 303 recommend that these farms shonld be granted in perpetual quit- rent. I would only beg to add that it appears to me desirable to allow all claimants of farms the liberty to redeem that tenure and to convert into freehold upon the payment of some years of quitrent. The reasons for my recommending the tenure of quitrent are : First. That it is the tenure which in fact, although not in name, the emigrant farmers had themselves introduced. They called it " freehold," but made every proprietor of a farm liable to the pay- ment of an annual ground rent of 18s. for every farm of 3,000 morgen, and to an increased rent according to the greater number or extent of farms owned by every proprietor, which thus amounts to a quit- vent proportionate to the extent of land occupied by every tax-payer. Secondly. Another cogent rea-son. which I submitted for the consideration of Her Majest3 r 's Government was, that by the imposi- tion of one round sum as a fine upon receiving a grant in freehold of such an extent of land, such tine, to be at all productive, would be above the means of most of the occupiers of farms, and would thus give rise to much discontent ; while an annual quitrent payable out of the profits or produce of each farm is easily borne and paid with- out inconvenience. I am, however, of opinion that the nominal quitrent as hitherto paid under the law of the Volksraad is far too little, whether taking into consideration either the value or the extent of the grants or the fact that the Government of that colony will have mainly to look to the payment of this qnitrent as a regular and permanent source of revenue to meet the expenditure. I would, therefore, beg to propose that a sum of '2 10s. should be paid annually as the quitrent to be fixed on these first or original farms making, however, that quit- rent redeemable, and allowing these farms to be converted into free- hold upon payment, in advance, of twenty years' quitrent. I entertain no doubt that by far the greater number of occupiers of these farms will gladly avail themselves of that liberty to improve their tenure, and thus, without the semblance of pressing this as a tax upon the community, the Colonial Government will be able soon to look to the realization of a sum of nearly 10,000 on these farms thus converted into freehold at the will of the occupiers themselves. * * * * I have the honour, &c., (Signed) H. CLOKTE, Jun., H.M. Commissioner. 394 ANNALS OF NATAL. LETTERS PATENT FOR THK ANNEXATION OK THK DISTRICT OF NATAL TO THE SKTTLKMKXT OF THE CAPK OF GOOD HOPE. VICTOKIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith : To all to whom these presents shall come : GREETING. WEEK HAS by Letters Patent, nnder the Great Seal of our United Kingdom of Great Britain and Ireland, bearing date at Westminster, the 19th day of December, 1848, in the seventh year of our reign, we did constitute and appoint our trusty and well-beloved Sir PEREGRINE MAITLAND, Knight Commander of the Most Honourable Military Order of the Bath, Lieutenant-Genei-al of our Forces, to bo our Governor and Commander-in-Chief in and over our Settlement at the Cape of Good Hope, in South Africa, with its Territories and Dependencies ; and whereas since the date of the said recited Letters Patent it hath seemed good to us to annex to the said Settlement of the Cape of Good Hope the Territories occupied by our subjects throughout the District of Natal, in South Africa : Now know ye that we, of our special grace, certain knowledge, and mere motion, have annexed, and do hereby annex, the said District of Natal to our said Settlement of the Cape of Good Hope as a part or portion thereof : Provided, nevertheless, and we do hereby declare our pleasure to be, that, no law, custom, or usage now in force within our said Settlement of the Cape of Good Hope shall by force and virtue hereof extend to and become in force within the said District of Natal ; and that no Court or Magistrate within our said Settlement of the Cape of Good Hope shall, by force or virtue hereof, acquire, hold, or exercise any jurisdiction within the said Colony of Natal, but that it shall be competent to and for the Legislature of the said Settlement of the Cape of Good Hope to make, ordain, and establish all such Laws and Ordinances as to them shall seem meet for the peace, order, and good government of the said District of Natal, whether in conformity or not in conformity with the Laws and Ordinances in force within the other parts of our said Settlement of the Cape of Good Hope, any Letters Patent, Charters, Orders in Council, local Ordinances, or other Law or usage to the contrary notwithstanding. Provided, always, that all Laws and Ordinances so to be made as aforesaid for the peace, ANNALS OF NATAL. 395 order, and good government of the said District of Natal, shall be so made in such and the same manner, and with, under, and subject to all such and the same conditions, restrictions, and reservations as arc or shall be in force within our said Settlement in respect to the making of Laws and Ordinances for the peace, order, and good govern- ment of the other parts thereof ; and we do hereby reserve to our- selves full power and authority to revoke or alter these presents, as to us shall seem meet. In witness whereof, we have caused these our Letters to be made Patent. Witness ourself, at Westminster, the 31st day of May, 1844, in the seventh year of our reign. By Writ of Privy Seal. DESPATCH FROM SIR P. MAITLAND To THE RIGHT HONOURABLE THE LORD STANLEY, SECRETARY OF STATE. Government House, Cape of Good Hope, 4th June, 1844. MY LORD, I have the honour to report to your Lordship that I have approved of an Engineer estimate of 800 for completing Fort Napier at Pietermaritzburg, and keeping in repair the temporary buildings at the Camp and Point at Port Natal. The amount is calculated to prove adequate for the period ending 30th September, 1844. I need only remind your Lordship that the troops for whose accommodation and protection the works proposed to be completed or repaired are required, were ordered to Natal by my predecessor, Sir George Napier, for the purpose of quelling and controlling the insurgent Boers, and I must add that I cannot consider it prudent to withdraw from that remote territory any portion of the force at present stationed there, or to desist from completing the defences necessary for their greater security. Major Smith, indeed, has requested to have an addition made to the detachment of cavalry under his command, and with so much reason, that I shall feel it my duty to augment that small force to an officer and thirty men of the Cape Mounted Rifle Corps as soon as I can conveniently detach men from that corps. I have, individuals, consisting principally of grants of the whole or the greater part of the Natal territory. * * * Mr. Cloete states that the only individual in favour of whom a claim has been made to him to the greater part of the district, in virtue of a grant 2 v 4O2 AXXALS OF NATAL. from the native chiefs, is Mr. Aspeling, residing in Cape Town, who claims in right of his wife, the widow of the late Lieutenant Fare- well, to whom King Chaka, in 1824, granted the Natal territory. It appears, however, that since the grant by King Chaka to Lieutenant Farewell, this same territory has been successively granted to five different individuals twice by Chaka. and three times by his suc- cessor, Dingaan the last grant being made to the late Pieter Retief, for himself and the emigrant farmers. A claim also arising out of a native grant was made by Mr. Toohey on behalf of Captain Gardiner to a farm called Berea, said to have been granted in trust for the Church Missionary Society. Mr. Cloete states that Captain Gardiner had quitted the colony more than six years ago, and that the Church Missionary Society had altogether abandoned the station, the position of which Mr. Cloete considers ill suited to the purpose for which it was intended. I entirely concur in Mr. Cloete's opinion that these claims under native grants are altogether inadmissible. If allowed, they would, as he observes, be subversive of the equitable basis laid down "by the Government for the settlement of land claims in the Xatal territory ; and as they have not been followed by any effective occupation, and have been dispensed indifferently by the same chief to one European after another, it is scarcely possible to view them as the subject of any serious claim. * * * * Having now gone through all the past claims to land, I may observe that in the conclusion of his report Mr. Cloete states that he is almost daily pressed by applications for new grants, and that several newly-arrived emigrants urge him even to allow them merely leave to occupy on sufferance small pieces of ground upon their agreeing to give them up whenever required by Government. These applications Mr. Cloete has as yet resisted ; but he expresses himself strongly in favour of the early sale of such lots, as it would be most judicious to commence with. On general grounds it would be prefer- able that no sales took place until something of a systematic survey of the proposed town could be effected. On the other hand, how- ever, it may be impossible to withstand the pressure of necessity which will impel parties to occupy sites on which to house them- selves, and perhaps form gardens for some of the articles of food most wanted and easiest to be produced. Without waiting, there- fore, for the general instructions which you may shortly expect for the future disposal of land at Natal, I authorise you, in cases in which it may be considered essential, and provided that a correct AXXALS OF NATAL. 403 and even well-defined demarcation of the lots can be made, to dispose by public auction of town sections of about half or quarter of an acre in extent, putting them up to sale at a minimum upset price of 50 for the former, and 25 for the latter ; or, if any smaller divi- sion is made, still adhering to the same average rate of 100 per acre. This is not a higher price than lias been fixed on town lots at the recent settlement in the Falkland Islands, inferior as it must be in most natural advantages to that now formed at Natal. At a moderate fixed distance from some central point in the town, lots may be considered as suburban, and these might be sold at such upset price as might be named, not less than 1 per acre. In pro- posing these terms, it must be distinctly understood that the local authorities are not at this time, or before the presence of competent surveyors, who can be properly spared from the urgent duty of mark- ing off the lots of past claimants at Natal and Pietermaritzburg, to stimulate sales. These terms are sanctioned only to meet the cases of any persons actually settled on the spot, to whom it would be a hardship, and perhaps a public inconvenience, to refuse all oppor- tunity of acquiring a right to ground which they can hardly avoid occupying for purposes of the first necessity. I have, upon them or not, according as they appear to me calculated to advance or retard the objects which the Government have in view in the settlement of this colony. Except in one or two unimportant points, I see no objection to the resolution in its amended shape. I have the honour o by Mr. Grout. We sincerelyjiope that the laudable exertions of Mr. Grout may prove successful; but, as at present we must view the undertaking in the light of experiment, we think that any promise of grants of laud should be quite conditional upon the formation of the settlements, and that if at any time they should be abandoned by the natives the land should revert to the Crown. 44 2 ANNALS OF NATAL, Before concluding this report, \ve would beg to draw Lord Stanley's attention to an objection raised by Mr. Grout to Mr. Cloete's suggestion in reference to a supposed recommendation by the latter that the natives should be removed without the British colony, "and that the people at the several locations should be placed under the authority of native chiefs." Mr. Grout suggests that they should be kept within the British settlement, and brought at once under British law. We have carefully examined Mr. Cloete's report of 10th Novem- ber, 1843, on this subject, and are of opinion that he means the locations to be within and not without the colony, and we are unable to find in it the expressions which are attributed to him by Mr. Grout. We observe, however, that in recapitulating his reasons against the proposal of the Volksraad for the removal of the whole of the Kafirs to one location, Mr. Cloete states in his fourth objection to the plan, " that this would soon lead to their having chiefs or leaders of their own, whose influence over such numbers might become dangerous in the colony." This expression is hardly consistent with the suppo- sition that he wished the government of the people at the different stations to be entrusted to the chiefs; and if the expressions attri- buted to Mr. Cloete have been used by him they must have occurred in some other document. It is true that he suggested that the land round the kraals occupied by the old native settlers, which he thought ought to be secured to them, should be vested in the chiefs of such tribes or their descendants, in trust, for the use of all the inhabitants of such kraals as tenants in common. But the number of these original occupiers of the soil is very small, being under 3,000 ; and he certainly did not appear to entertain any objection to the authority of these chiefs being so far reorganised that they should become the trustees for the tribe of their kraals, and an allotment of land. It is possible that this observation, which is applicable to the original tribes, who are not to be disturbed, may have been understood by Mr. Grout to apply to the new locations. We have troubled your Lordship with these observations in the concluding part of this report, as we are anxious to show that the opinions of two persons possessing considei-able local experience generally agree upon a question of great importance to the future prosperity of the colony. We have, &c., (Signed) JOHN G. SHAW Li:i KVKK. C. ALEXANDER WOOD. ANNALS OF NATAL. GOVERNOR (CAP?]) TO SECRETARY OF STATE. Government House, Cape Town, 23rd November, 1844. MY LORI>, In your Lordship's despatch No. 81, of the 19th of June last, I am instructed to refund to the Military chest the sum of 1,623 18s. Of d. which my predecessor had paid from it on account of the expenses incurred for a mission to the Natal territory. Your Lordship will, I trust, p.irdon me for requesting further instructions upon this subject, under the impression that a recon- sideration of the causes which led to that expenditure may induce 3*our Lordship to relieve the treasury of this colony from that charge. Your Lordship's despatch No. 186, of the 13th December, 1842, directed the appointment of a Commissioner for the Natal territory, who was to obtain information upon certain subjects for Her Majesty's Government, which was deemed requisite before any decision could be formed for the future government of that country, or for satisfying the demands of the emigrant farmers who had declared their allegiance to Her Majesty. The steps taken upon that instruction were reported to your Lordship in Sir G. Napier's despatch No. 82, of 27th May, 1843, and No. 33, of 7th Mai-ch, 1844. From them, it appears to have been imagined that your Lordship did not contemplate making the mission employed in the pacification of the Natal territory a charge upon the revenue of this colony, which impression your Loi'dship's despatch of the 6th September, 1843, No. 301, has tended to confirm. Under this impression, no provision for the charge appears to have been requested from the Legislative Council either before or since the mission proceeded, although the contents of your Lordship's despatch No. 186, of the 13th December, 1842, were communicated to that body in May, 1843. From my knowledge of the sentiments of the members of the Legislative Council upon this subject, I feel satisfied that it is vain to hope for their sanction to the expenditure in question. They and the colony generally are under the belief (whether properly or not it is not for me to determine) that the original emigration of the farm- ers from the colony to Natal is attributable to the measures of the Home Government in 1834 for the abolition of slavery, and to the dilatory proceedings which occurred subsequently in awarding and paying the compensation money. They also entertain the opinion that the emigrant fal-mers would not have renounced their allegiance 444 ANNALS OF NATAL. to Her Majesty in 1842 but for the steps taken against them under instructions from your Lordship's predecessor in office, and that con- sequently the colony ought not to be called upon to defray the expenses of a mission for the pacification of the farmers, which was as necessary for the final settlement of the question, and the establishment of a proper form of government as the troops were in the first instance for their subjugation. I hope your Lordship will not understand me, in mentioning these particulars, to intimate my belief or concurrence in them. I do so merely to explain to your Lordship what my difficulties will be when I call on the Legislative Council to vote the money you have instructed me to refund to the Military chest. If your Lordship should decide to charge the colony with the expenditure, I hope your Lordship will not object to my proposing it to the Legislative Council as a Government measure, as I can on that ground only request the support of the official members upon it, and even with their support, the official and unofficial members being equal, the measure can only be carried by my casting vote. I have the honour, &c., (Signed) P. MAITLAND. MAJOR SMITH TO SECRETARY TO GOVERNMENT, CAPE COLON v. Pietermaritzburg, 30th November, 1844. The Hon. J. MONTAGU, Secretary to Government. SIR, So little has occurred that seems worthy of communication since I last had the honour to address you, that my only object in now writing is to mention the continued tranquillity of the country. Some few removals have taken place, and these have chiefly been amongst the more evil-disposed, which is perhaps one of the causes of the unusual quiet which prevails. Beyond the Berg matters are still unsettled ; and a Swedish naturalist of the name of Wahlberg, who has lately returned from an inland excursion, speaks in bitter terms of the farmers located there, whom he describes in very unfavourable colours. Possibly his view may be somewhat prejudiced, as he experienced much ill-treatment from them, although a man of most amiable and inoffensive character, and -wholly absorbed in his pursuits. He states that the Portuguese are desirous the Boers should proceed to Sofala instead of Delagoa Bay, thinking the latter place too near this colony for them to carry on their slave-dealing ANNALS OF NATAL. ,, e project with impunity. How far these reported intentions of theirs may be true remains yet to be proved ; but I think many will pause before they venture on a journey of such length, in which thev are sure to encounter difficulties without being certain of success. I have, &c., (Signed) J. C. SMITH, Commandant of Natal. MAJOR SMITH, COMMANDANT OF NATAL, To LIEUTENANT-GENERAL SIR PEREGRINE MAITLAND, GOVERNOR, i>-it:bur(j County. Certain lots being represented by AXXALS OF NATAL. 453 Mr. Cloete to be required for public purposes, and which had not at the period been occupied by the claimants, His Lordship has no objection to compensation in land to the extent of the purchase money paid by the parties claiming such lots. 10. P/etermaritzburg.~ELis Lordship has also approved of a con- firmatory grant of 60 feet square to the owner of the water-mill at the upper end of the town ; and of another (estimated at 600 yards by 300) about a mile out of the town, of which the claimant has been allowed possession for a mill, and in which he is stated to have constructed a watercourse at considerable expense. 11. And His Lordship further admits a claim of a German, named Pistorius, of a brickfield, of which, however, no grant by the Volksi'aad has been discovered ; but in this case the limits should be settled as soon as practicable by the resident authority. 12. Pietermaritzburg. As respects future sales of town allot- ments, His Lordship desn-es that the same principle shall be applied ; but that, considering the inland position, he is of opinion that the minimum upset price there might be one-half that ordered for the port. 13. Weenen. In the town of Weenen, 136 lots (about 450 feet by 150 in extent each) appear to be appropriated as follows: Public market and buildings, 3 lots ; Dutch Reformed Church, 3 lots ; claimed and bona-jide occupied, 72 lots ; claimed, not occu- pied, 5 lots ; still unclaimed, 53 lots. 14. The rules for Pietermaritzbnrg shall be applied to Weenen, and a grant of three lots to the Dutch Reformed Church. 15. Uitoccupied Lands. A radius of three miles is granted for each town, and vested in the municipal or other authorities, reserving such portions as may be required for military purposes. 16. Grants to be issued to parties comprised in schedules A and B. C is rejected. 17. Farms. His Lordship has suggested that the extent of the farms be limited to 3,000 acres for well-established claims and 2,000 to others subject, however, to His Excellency's opinion, who has decided that the farms placed in A, which fell within the terms of the 9th section of the proclamation of 12th May, 1843, shall be granted to the claimants, not to exceed 6,000 acres ; and in B, not exceeding 2,000, which is the extent fixed for all future alienations of land. 18. The expenses of the surveys and salaries ought to be borne by the claimants, and a payment of 50 should be required for 3,000 ANXALS OF NATAL. acres, which should include the redemption of the burger tax of 18s.,. cost of survey estimated at 11 10s., and the preparation of grant ; but His Excellency, having in view the scarcity of money in Natal, has decided that proposed grantees in schedule A shall be required, to pay only the cost of survey, and receive their grant subject to a quit rent of 4 sterling for 6,000 acres, which they shall be allowed to redeem by a sum equal to fifteen years' purchase of the said rent ; and that in regard to the cases comprised in schedule B, the principle laid down shall be applied, except in particular cases, when it may be expedient to make an annual payment redeemable upon the same terms as in the larger gi-ants. instead of an immediate payment of the larger sum. 19. As some time must elapse before the arrangements for the Government of Natal will be sufficiently advanced to admit of the establishment of public offices, His Lordship desires that the grants shall be prepared at the Cape, and signed by His Excellency. 20. Also that each grant shall contain a clause reserving to th& Crown a right of making public roads through any parts thereof except those on which buildings may be erected. 21. As the grants will be executed in Cape Town, they will also be registered there; but as soon as the proper offices are established the grants will be registered in Natal, and the whole land business transferred there. 22. Native Locations. It has been proposed that, for the benefit of the natives in the territory of Natal on the first influx of the immigrants, and who have continued to occupy lands there, certain tracts should be inalienably vested in the chiefs in trust ; and that. as regards those who have since that period entered and remained in the territory, six or more locations should be formed in the several districts for their residence. But as there may be some difficulty in inducing the natives to gather themselves into these separate loca- tions, and many valid objections to the measure itself, His Excel- lency requests that you will give your attention to the subject, and report fully thereon, as Avell in regard to the probable public good or convenience to be expected, as to the propriety and practicability of alienating such extensive tracts as the measure will evidently render necessary. The accompanying letter from the Land and Emigration Commissioners, which has recently been transmitted to His Excellency by the Secretary of State, may possilily be of some. assistance to you in the inquiry you will institute. -'.'>. T-iif/el" and Bay of St. Lucia. You will bear in mind that no- AXXALS OF NATAL. settlement or grants of land will be permitted east of the Tugela, or in the country surrounding the Bay of St. Lucia, ceded to Her Majesty by Panda. 24. Military Reserves. You will also observe that in all measure- ments, whether for the completion of grants or future sales, every care must be taken to avoid encroachment on land reserved for mili- tary purposes. 25. Land Surveyors. You will be accompanied by four surveyors, and on their arrival you will employ them in the measurement of the towns of D'Urban, Congella, Pietermaritzburg, and Weenen, the regular laying out of the towns and the settlement of claims there appearing of the greatest importance. 26. Trigonometrical Survey. Another chief object of your em- ployment is to ascertain by trigonometrical survey the real extent of the territory, the most remarkable features of which, the coui-ses of rivers, and all other particulars which may facilitate the measurement of farms and other subdivisions. 27. Whilst, therefore, the surveyors shall be engaged in the measurement of the towns as directed, you will ride over the country to make yourself acquainted with it, and to select the most central spot for the measurement of a base fi'om which the surveyors may start upon the survey of the sections of country you may select. 28. As it would occasion considerable and, apparently, unneces- sary inconvenience if the measurement of the farms were delayed until the trigonometrical survey can be completed, you will, after lay- ing down such triangles as the nature of the country will permit, instruct the surveyors, on which all should be employed, to proceed to the measurements of the farms contained within the triangles already laid down, commencing in each instance with the most densely populated. 29. Trigonometrical Survey. Before the departure of the sur- veyors, you will point out to them, as far as the nature of the country will permit, the features which should constitute the limits of their sections ; and whilst at work you will visit them from time to time to observe how far their subsequent choice of boundaries is judiciously made, and whether the showing of one agrees with the other ; and you will also generally give your advice and assistance to facilitate the operations. 30. The general survey ought to be made on the scale of one inch to the mile, which will facilitate subsequent operations by admitting the introduction of all the features of the country. 456 ANNALS OF NATAL. 31. Diagrams. You will instruct the surveyors to use as far as possible one general scale for their diagrams, and to make them as much alike as possible in style, as this will tend greatly to facilitate the work of the draftsman, and enable him to make a clear map of the country. 32. Standard. As the standard measure for Natal will be British lineal and superficial, you will require the surveyors to com- pare and adjust their chains with the ten-foot rod. 33. Tariff. In regard to the payment of the surveyors for the town allotments and farms, His Excellency authorises the under- mentioned tariff, which is the same as that of the colony, taking the " morgen " to be two British acres : Tariff of Charges for Surrey and Measurement. s. d. Piece of ground, and dividing into small lots or erven For the first four lots, each ... ... ... 12 For any beyond that number ... ... ... 090 For measuring any piece of land up to 20 acres ... 12 For every acre above 20, up to 200 ... ... 1 For 200 acres ... ... ... 1 14 6 For every acre beyond 200, as far as 1,000 ... Of For a thousand acres ... ... ... 446 For every acre beyond 1,000 ... ... ... 0| For 6,000 acres ... ... ... ...141210 For every diagram ... ... ... ... 12 34. And as respects the remuneration to be made to the sur- veyors for their services whilst engaged in the trigonometrical survey, 'His Excellency will sanction the payment of such sum for the mile or day as you may consider equitable between them and the Government. 35. Surveyors' Diagrams. You will give the surveyors clearly to understand that they will be held liable to rectify any errors detected in their work after they shall have delivered it to you, or to bear the expense of such rectification if it shall be found necessary to employ others. 36. Payment of survey fees must be made to you by the parties for whom the measurements are made, and the surveyors will be paid by you, when their diagrams shall have been delivered and approved by you. 37. Arrival to be reported to Major Smith, and further instruc- tions received. ANNALS OF NATAL. 38. Military Reserves. With reference to the 24th article, that no encroachment be permitted on lands required for military pur- poses, His Excellency desires it to be especially impressed that no lands near the reserve, whether lots in towns or farms, are to be granted or sold until you and the Commanding Royal Engineer have agreed upon the boundaries, and subject to the approval of the Commander-in-Chief ; and whenever the Commanding Royal Engi- neer shall propose any reserve, you will pay attention to his suggestions, and you will forward your opinion to His Excellency. A'e the honour, &c., (Signed) J. MONTAGU. MAJOR SMITH TO THE SECRETARY OF THE VOLKSRAAD. Pietermaritzburg, 24th March, 1845. To the Secretary of the Volksraad. SIR, I have the honour to request you will make known to the president and members of the Volksraad that I have received a com- munication from the Secretary to Government directing me, by desire of His Excellency the Governor, to state to that body, in reply to their letter requesting " to be informed of the decision of Her Majesty the Queen in regard 10 the arrangements at Port Natal," that His Excellency would be prepared to comply with this desire, but that under the circumstances any lengthened detail would in his opinion rather be a matter of form than substance. His Excellency, ho\vever, being very anxious that a settled government should be fixed in the new province, will take care that no delay which can possibly be avoided shall take place in regard to its establishment. In reference to the land grants in Natal, His Excellency having received the views of Her Majesty's Government upon the subject, has appointed a Survey or- General, with a suitable establishment, for the purpose of making the preliminary surveys ; and I am desired to add, it will give His Excellency much pleasure to be able speedily to announce the final completion of the plans of Her Majesty's Govern- ment. I have the honour, &c., (Signed) J. C. SMITH, Major, Commandant of Natal. 45 8 ANNALS OF NATAL. GOVERNOR (CAPE) TO SECRETARY OF STATE. Government House, Cape Town. 28th March, 1845. MY LORD, With reference to those portions of your Lordship's despatches * which bear on the question of lands in Natal, I have the honour to report to your Lordship the steps I have taken towards the settlement of that question. Since the receipt of the fii-st of your Lordship's despatches above mentioned, I have thought the arrival of a Lieutenant- Go vernor of Xatal probable, in communication with whom the views of Her Majesty's Government should be carried into effect ; but the disposi- tion to emigrate of the Natal farmers increasing during their uncertainty of their sites to land, I decided with the advice of the Executive Council to appoint at once a Surveyor-General, and tho subordinate officers of the Survey Department, to proceed to Natal and carry into effect your Lordship's instructions. That I had authority to make this appointment, I inferred from your Lordship's despatch of 1st September, 1844, suggesting Mr. C. Bell to me as a competent person to hold it. To that gentleman I offered it ; but he preferring to remain in the colony, it was accepted by Dr. Wm. Stanger, of the Road Department, in whose ability I have entire confidence. I consequently appointed that gentleman Surveyor- General of Natal, subject to your Lordship's approval, by an instrument dated 17th February, 1845, with a salary of 400 per annum and travelling expenses. 1 have also appointed Mr. D. W. Hertzog to be clerk, and Mr. E. McGill to be draftsman, each with a salary of 135 per annum ; and I have named Mr. L. Cloete and Mr. C. Piers to be con- tract surveyors for Natal. Dr. Stanger received half-salary as road surveyor of this colony and half-salary as Surveyor-General of Natal from 2nd January, the date of his leaving the Road Department, to 23rd February. * * [Here follow details as to pay.] I enclose a copy of the instructions to Dr. Stanger, which have been partly modified by an additional instruction in consequence of a despatch received subsequently from your Lordship, dated 31st October. * * * There are points to which I must direct your Lordship's atU'tition. First, the size of the farms in schedules A and B. In despatch of 27th July, 1844, your Lordship expressed an opinion that in the settlement of past claims the grant should be limited to 3,000 ANNALS OF NATAL. 459 acres, unless I should be deliberately of opinion that this would be likely to produce a renewed emigration of the Boers. This opinion refers to both schedules A and B. In all future cases your Lord- ship proposed that farms should be limited to 2,000 acres. Having 1 this limited discretion, and being, from information received from Xatal, deliberately of opinion that the Boers would extensively emigrate again if the larger-sized grant were not allowed them, I resolved, with the unanimous advice of the Executive Council, to n'x the size at 6,000 acres ; for, as this has been the usual size of the farms, it was thought that a deviation would be charged as a non- fulfilment (to these claimants of schedule A) of the expectations they had been led by the language of Government to entertain. But with respect to schedule B, the size of 2,000 acres was thought sufficient, and the instructions to the Survej'or- General were framed accordingly. Your Lordship's subsequent despatch No. 135, of 31st October, 1844, repeats the former instructions that no grant should exceed 1,500 morgen ; but as there still existed the same reason which indiieed me to decide that the farms in schedule A should be 6,000 acres, and moreover as that decision had become known, I came ta the conclusion, with the advice of the Council, that it was prudent to act still on the discretion allowed me in the former despatch, and to leave the instructions to the Survey or- General unaltered on this point. By comparing the results of the two systems of allotment, your Lordship will perceive that the difference in the amount of land which would be granted under them is not very great. If all the claimants in schedules A and B received 3,000 acres each, the total would be 1,113,000 acres. But if those in schedule A receive 6,000 and those in B 2,000, the total would be 1,534,000. The difference in the results would be 421,000, a comparatively small amount. I trust, therefore, that under the peculiar circumstances of the case your Lordship will judge that I have rightly exercised the discretion allowed me. The other point to which I have to allude is the tenure on which the leases should be held. Your Lordship is of opinion that the principle of quitrent ought not to be introduced ; but that, on the payment of 50, each grant of 1,500 acres should issue, and smaller grants on the payment of a proportionately smaller fee, the parties entitled to the larger grant being allowed to accept a smaller one, should they object to the payment of 50. The peculiar circumstances of Natal, and especially the extreme 460 ANNALS OF NATAL. scarcity of money there, render this plan impracticable in the opinion of the Executive Council. I have, therefore, adopted another course, as shown in articles 18 and 19 of the instructions to the Survey or- General of Natal, and a further explanatory instruction under date llth March. By this plan, the grantees in schedule A will receive farms not exceeding 6,000 acres on payment of cost of survey, and -ubject to a quitrent of 4 per annum for 6,000 ai'ivs, which they may redeem at 15 years' purchase. And I have further directed that since the grantees in schedule B cannot pay a pro- portionate sum of 20 for their grant of 2,000 acres, and would be greatly discontented with a reduction of the size of their grants, the same principle of a proportionate quitrent shall be applied. But under both schedules it is permitted to the grantees to accept smaller grants than the respective maximum amounts, at pro- portionately reduced payments, either of quitrent or the price of its redemption. I have been driven by the peculiar circumstances of the country to this deviation from your Lordship's instructions, and I trust, therefore, to receive an approval of the course adopted. In other points I have conformed to the instructions, and have only to add the order of survey which I have directed to be observed. The contract surveyors, whom I hope to increase to four, will first be employed in the measurement of the townships of D'Urban, Congella, Pietermaritzburg, and Weenen ; and during this time the Surveyor-General will make himself acquainted with the general features of the country, and determine the first operations of the trigonometrical survey. When the townships are finished, surveyors will lay down, under the Surveyor-General's superintendence, such triangles as shall be absolutely necessary for the demarcations of the farms, and then proceed at once to fix the boundaries of the allotments, beginning with the most populous districts. By this course both the expenses of the survey will be levied equally on the chest, and the least possible delay will take place in assigning their respective grants to the grantees in schedules A and B. I have also directed that English measures shall be exclusively used in the Survey Department in Natal. I have the honour, &c., (Signed) P. MAITLAM>. [NOTE MY MAJOK EKSKIXE. By a despatch from the Colonial Office, Lord Stanley approves of the whole of this letter, and Sir P. Maitland by Letters Patent appoints Dr. Stanger Surveyor-General. Date, 17th of February, 1845.] AXXALS OF XATAL. SIR P. MAITLAND TO THE RIGHT HON. LORD STANLEY, SECRETARY OF STATE. Government House, Cape of Good Hope, 18th April, 1845. MY LORD, In compliance with the instructions conveyed to me in your Lordship's despatch No. 149, 17th December, 1844, I have the honour to report my opinion on the suggestions of Her Majesty's Charge d' Affaires at the Hague, relative to the Amsterdam society for the protection of the religions wants of Natal, and also in regard to the funds which might be made available for carrying out the objects of that society. Mr. Hudson's suggestions are three in number. The fii-st, that he should be allowed privately to pay to Mr. Voorst, secretary to the society, the sum of 300, the amount lost by him through the failure of the " Brasilia's " voyage, whereby his co-operation, and that of another influential member of the society, might be secured in any measures which Her Majesty's Government might propose to the society ; the second, that Her Majesty's Government should lay out a sum of money in the purchase of books to found a library for the Boers, in order to remove the irritation which yet exists in the minds of some members of the society ; and the third, that the society should be allowed to nominate a minister and schoolmasters for Natal, whose outfit and salaries should be defrayed by Her Majesty's Government. These suggestions seem to assume that the society in question possesses such influence over the minds of the Natal Boers as to render it desirable to gain the good- will and co-operation of its mem- bers in any practical way, even by a pecuniary gift. My enquiries do not lead me to believe that there is any solid ground for this idea, nor that the personal good- will of the society is of the slightest con- sequence as regards the allegiance of the Boers to the British Government. I must further remark that, after reading the documents which bear on the voyages of the " Brazilia" and the society's connection with that vessel, especially Major Smith's letter enclosed in Sir G. Napier's despatch to your Lordship No. 105, 22nd June, J 843 ; and observing the partial and disagreeing statements and indirect pro- ceedings of the society in regard to its mercantile speculations and the mission of Mr. Ham and the schoolmaster Martins, whose pass- ports were made out, not for Natal, but for England, it appears to me 462 AXKALS OF XATAL. impossible to feel much confidence in the intentions or judgment of the society. Besides, the society is but a private and unrecognised one got up for the occasion, and composed of persons who have, if not a political at least a commercial in addition to a religious object ; and it therefore is, in my opinion, scarcely entitled to such considera- tion as to be made the principal instrument of constituting? the Dutch clerical and educational establishment of Xatal ; and it may not be useless to point out, in proof of the irregularity and nnapproved character of its proceedings, that Mr. Ham, the person selected and commissioned by it to discharge the ministerial office, was only a licentiate, and not an ordained minister, such as the regular ecclesias- tical bodies in Holland would have sent out to a sphere like Xatal, where ordination could not be obtained. These objections to treating with the society being in your Lordship's knowledge, I know of nothing to outweigh them, except- ino- it were the fact that schoolmasters and ministers could not be o procured for the Boers of Natal except through its instrumentality. But this I believe is by no means the case ; on the contrary, it appears to me that they may be obtained in other ways, and much more advantageously, than by accepting the nominations of a society so constituted, and whose proceedings hitherto have been marked by so many suspicious circumstances. It is true that there are not at present in the colony, nor soon expected, any available persons for these offices ; so that the most desirable way of filling them, viz., by the appointment of British subjects, is at present impossible. But there are regularly consti- tuted and recognised ecclesiatical societies in Holland for the express purpose of sending out qualified ministers and schoolmasters for the members of the Dutch Reformed Church in distant lands ; and to one of these your Lordship would perhaps think it safer to have recourse than to the society of which Mr. Swart is president. Should your Lordship be of this opinion, I would venture to name the Rotterdam Missionary Society, as one whose character stands high, both with regard to its conductors and the religions teachers whom it selects, and which numbers among its directors the admir- able senior Dutch minister of the colony, the Rev. A. Faure. Could an ordained minister and three schoolmasters be thus furnished for Natal it would be of great benefit to the Dutch inhabitants of that province. The secretary of the Rotterdam Missionary Society is the Rev. Mr. Hugenholtz. ANNALS OF NATAL. 463 I do not deem that the time is yet ripe for the foundation of a library for the use of the Boers at Natal at the public expense ; they are not yet in a condition to profit by such an institution. In respect of the funds which might arise from local taxation to defray the expenses of ministers and schoolmasters at Natal,* I cannot give your Lordship any definite information till the arrival of a Lieutenant- Governor, and the constitution of the local authorities or the heemraden of that settlement. But as this is among the most important applications of the revenue, I should hope that sufficient funds will be procured for the maintenance of one minister at 200 per annum, and of three schoolmasters, who should also be catechists, at about one hundred pounds (100) per annum each, and such an establishment under the present circumstances of the country would, I conceive, be sufficient for the Dutch population. I have the honour, &c., (Signed) P. MAITLAND. LORD STANLEY TO SIR P. MAITLAND. Downing-street, 26th July, 1845. Lieut-General Sir P. MAITLAND, K.C.B., &c. SIR, I have received your despatch No. 58 of 28th March last, reporting the measures which you had taken with respect to the lands at Natal. I approve of the appointment of Dr. William Stanger as Surveyor-General at Natal, with a salary of 400 per annum, and of the other officers appointed to his department, with the salaries and allowances assigned to them respectively, and of the sum expended for purchase of instruments for the use of his department. I approve likewise of your having acted on the discretionary power which was given to you of fixing the grants under schedule A at 6,000 acres ; and under the circumstances stated by you I do not object to the further modification which you have authorised in my instructions by making the lands subject to a quitrent redeemable at fifteen years' purchase. I have observed with pleasure the satis- factory manner in which you have adjusted the complicated claims to land at Natal. I have, &c., (Signed) STANLEY. 464 ANNALS OF NATAL. ADDRESS TO MAJOR J. C. SMITH, 27 REGIMENT, RKCENTLY COMMANDANT OF NATAL, &c., &c. Pietermaritzburg, 18th August, 1845. SIR, The undersigned, inhabitants of Pietermaritzburg, having been informed that you are about to return to your fatherland, cannot allow you to leave this place, where you have resided the last two years, without expressing to you our sincere regret at your depM'ture, in consequence of the satisfaction you have given both to us and the inhabitants at large in your official and private conduct. Having had ample opportunity to judge of your disposition towards the inhabitants of this new colony, we feel assured that, had any power been given you to do so, you would have found it no difficult task to have rendered them your best services, and that, too, without losing sight for a moment of your duty to your Queen and your Government ; nor can we overlook the fact that your military authority has been so enforced as to preserve the most friendly disposition on the part of the inhabitants generally towards your fellow-officers and the men under your command ; while, with respect to yourself, by your obliging and gentlemanly manners, and by your readiness at all times to render to all our fellow-colonists such services as were in your power, you have secured their best respect and most unfeigned regard. We believe that you deplore with us the unsettled and excited state of the country, and the circumstances which may have given rise to the same, and we therefore venture to express the hope that you will continue to feel such interest in this young but much neglected settlement as to aid Her Majesty's Government with such advice as your acquaintance and experience unquestionably entitle you to offer, and by which a satisfactory termination of our present anxieties may be facilitated. We wish you a prosperous voyage home, a pleasant meeting with relatives and friends, and happiness without end. Your verv humble servants and well-wishers. MAJOR SMITH'S REPLY TO ADDRESS. Pietermaritzburgr, 21st August, 1845. GENTLKMEX, I receive with feelings of peculiar gratification the address you have been pleased to present to me on the occasion of my departure from among you. During the period I have held ANNALS OF NATAL. 465 authority in this colony, many circumstances have arisen calculated to cause a diversity of opinion as to the manner in which the duties assigned to me were administered ; and it affords me sincere pleasure to learn, when I am on the eve of leaving it, that I carry with me the esteem of its inhabitants. Limited as were my powers, you do me but justice to believe that, had greater ones been entrusted to me, they would have been dedicated to the service of a country to which, for many reasons, I feel deeply attached ; and I beg to assure you that, if the opportunity is afforded me, my humble efforts shall not be wanting to direct the attention of Her Majesty's Government to this fine settlement, which only asks a fostering hand to render it at no distant period a prosperous and still advancing colony. Allow me, gentlemen, to offer you my sincere thanks for your kind and warm-hearted address, and accept in return my most cordial wishes for your future welfare. Your faithful friend and servant, (Signed) J. C. SMITH, Major, 27th Regt. PROCLAMATION By His Excellency Lieutenant- General Sir PEREGRINE MAITLAND, Knight Commander of the Most Honourable Military Order of the Bath, of the Royal Military Order of William of the Netherlands, and of the Imperial Order of St. Vladimir of Russia, Colonel of Her Majesty's 17th Regiment of Foot, Governor and Commander- in-Chief of Her Majesty's Castle, Town, and Settlement of the Cape of Good Hope, South Africa, and of the Territories and Dependencies thereof, and Ordinary and Vice-Admiral of the same, Commanding the Forces, &c., &c., &c. WHEREAS Her Majesty the Queen has been graciously pleased by certain Letters Patent bearing date the 31st day of May, in the seventh year of her reign, to annex to this Settlement of the Cape of Good Hope, as a part and portion thereof, the District of Natal, South Africa, as by the said letters patent, which I have caused to be published for general information at the foot hereof, will appear ; and whereas I have been authorised and instructed by her said Majesty to signify by proclamation the limits for the time being of the said district so annexed as aforesaid : Xow, therefore, I do hereby, in Her Majesty's name and by her authority, proclaim, declare, and make known that the said district of Natal shall henceforth, and until some other and further provision be made by her said Majesty in that behalf, include, comprehend,. 2 Z 466 ANNALS OF NATAL. and denote all and singular the territory or territories lying and being \rithin the limits following : That is to say : Within a line on the north-east from the month of the River Tugela along the right bank of that river to the junction of the said river with the River Umzimyati ; from thence along the right bank of the said last- mentioned river to its source in the Draaksberg or Kahlamba Mountains ; from thence in a direct line along the south-eastern base of the said mountains to the source of the principal western branch of the Umzimkulu River ; from thence along the said branch to its junction with the other branch or brandies of the said last- mentioned river; from thence along the last-mentioned river to where it empties itself into the sea; and from thence along the sea to the mouth of the Tugela River aforesaid. GOD SAVE THE QUEEN ! Given under my hand and the Public Seal of the Settlement, at Cape Town, Cape of Good Hope, this 21st day of August, 1845. (Signed) P. MAITLAND. By command of His Excellency the Governor, (Signed) JOHN MONTAGU, Secretary to Government. "VICTORIA, BY THE GRACE OF GOD, OP THE UNITED KINGDOM OF GREAT BRITAIN AND IRELAND, QUEEN, DEFENDER OF THE FAITH : To ALL TO WHOM THESE PRESENTS SHALL COME, GREETING : WHEREAS by Letters Patent under the Great Seal of our United Kingdom of Great Britain and Ireland, bearing date at Westminster, the nineteenth day of December, one thousand eight hundred and forty- three, in the seventh year of our reign, we did constitute and appoint our trusty and well-beloved Sir PKKI:<;RI\I: MAITLAXI), Knight Commander of the Most Honourable Military Order of the Bath, Lieutenant- General of our Forces, to be our Governor and Com- mander-in-Chief in and over our Settlement at the Cape of Good Hope, in South Africa, with its territory and dependencies, as also of the castle and all forts and garrisons erected or established, or which should be erected or established, within the said settlement, terri- tories, and dependencies : And whereas, sinre the date of the said recited Letters Patent, it hath seemed good to us to annex to the said Settlement of the Cape of Good Hope the territories occupied by our subjects through- out the District of Natal, in South Afriea : Now know ye that we, of our especial grace, certain knowledge, and mere motion have annexed. AXXALS OF XATAL. 467 and do hereby annex, the said District of Natal to onr said Settle- ment of the Cape of Good Hope as a part and portion thereof. Provided, nevertheless, and \ve do hereby declare our pleasure to be, that no law, custom, or usage now in force within our said Settlement of the Cape of Good Hope shall, by virtue thereof, extend to or become in force within the said District of Natal, and that no Court or Magistrate of or within our said Settlement of the Cape of Good Hope shall by force or virtue hereof acquire or hold or exercise nny jurisdiction within the said Colony of Natal, but that it shall be competent to and for the Legislature of our said Settlement of the Cape of Good Hope to make, ordain, and establish all such laws and ordinances as TO them shall seem meet for the peace, order, and good government of the said District of Natal, whether in conformity or not in conformity with the laws, ordinances in force within the other parts of our said Settlement of the Cape of Good Hope, any letters patent, charters, orders in Council, local ordinances, or other law or usage to the contrary notwithstanding. Provided, always, that all laws and ordinances so to be made as aforesaid, for the peace, order, and good government of the said District of Natal, shall be so made, in such and the same manner, and with, under, and subject to all such and the same conditions, restrictions, and reservations as are or shall be in force within our said Settlement in respect to the making of laws and ordinances for the peace, order, and good government of the other parts thereof. Arid we do hereby reserve to ourselves full power and authority to revoke or alter these presents, as to us shall seem meet. In witness whereof, we have caused these our letters to be made patent. Witness ourself at Westminster, this thirty-tirst day of May, in the seventh year of our reign. By Writ of Privy Seal, (Signed) EDMUNDS. PROCLAMATION By His Excellency Lieutenant- General Sir PEREGRIXK MAITLAND, Knight Commander of the Most Honourable Military Order of the Bath, of the Royal Military Order of William of the Nether- lands, and of the Imperial Order of St. Vladimir of Russia, Colonel of Her Majesty's 17th Regiment of Foot, Governor and Commander-in-Chief of Her Majesty's Castle, Town, and Settle- ment of the Cape of Good Hope, in South Africa, and of the 468 AXXALS OF NATAL. Territories and Dependencies thereof, and Ordinary and Vice- Admiral of the same, Commanding the Forces, &c., &e., &c. WHEREAS in and by a proclamation bearing equal date with these presents, I have referred to certain Letters Patent of Her Majesty the Queen, annexing the District of Natal to the Settlement of the Cape of Good Hope as a part and portion thereof, and have also declared and made known the limits which for the time being Her Majesty has been pleased to assign to the said district ; and whereas there is reason to apprehend that ignorant persons may mistake, and that evil-minded persons may misrepresent, the true nature and effect of the said proclamation, and may treat and consider, or may affect to treat and consider, the same as a tacit renunciation of the Royal authority of her said Majesty over such of her subjects as may remove to or reside in territories beyond the limits of the said district ; and whereas any such impression upon the part of any of Her Majesty's subjects would be wholly irrational and unfounded, and productive of the most dangerous consequences to all who should presume to act upon it : Now, therefore, I do hereby proclaim, declare, and make known, for the warning and information of all whom it may concern, that Her Majesty the Queen, by graciously establishing in the Disti-ict of Natal a settled form of government, is not to be understood as in the least renouncing her rightful and sovereign authority over any of her subjects residing or being beyond the limits of the said district ; that while such of her subjects as shall peaceably reside within the said limits shall enjoy a degree of protection which cannot be afforded to others resident beyond the same, the latter, if guilty of crimes or offences, will be equally amenable to justice and exposed to punishment ; that the act of parliament passed in the reign of his late Majesty King William IV. for the prevention and punish- ment of offences committed by British subjects within territories adjacent to the Cape of Good Hope will still remain in full force and operation in regard to all such subjects as last aforesaid, and that the establishment in the District of Natal of an efficient Government and administration of justice, instead of countenancing any idea that Her Majesty had abandoned her avowed determination not to permit any of her subjects, wherever resident, to affect independence, or act without control, will powerfully tend, in connection with other arrangements lately entered into, and now in progress of completion, to repress any tendency to violence or injustice amongst any of her subjects sojourning beyond Her Majesty's dominions, and secure the ANNALS OF NATAL. 469 peace and good order of every portion of South Africa in which such subjects may have settled. GOD SAVE THE QUEEN ! Given under my hand and the public seal of the Settlement, at Cape Town, Cape of Good Hope, this 21st day of August, 1845. (Signed) P. MAITLAND. By command of His Excellency the Governor, (Signed) JOHN MONTAGU, Secretary to Government. PORT NATAL. No. 12, 1845. (Signed) P. MAITLAND. ORDINANCE Enacted by His Excellency the Governor of the Cape of Good Hope, with the advice and consent of the Legislative Council thereof, *' For establishing the Roman-Dutch Law in and for the District of Natal." WHEREAS it has pleased Her Majesty the Queen by certain Letters Patent bearing date the 31st day of May, in the seventh year of her reign, to annex to this settlement of the Cape of Good Hope, as part and portion thereof, the District of Natal in South Africa : And whereas, by the said Letters Patent, it is amongst other things pro- vided, that no law, custom, or usage in force within this settlement should, by virtue merely of the said Letters Patent, extend to or become in force within the said District of Natal, but that it should be competent to the Legislature of this settlement, subject to the limitations, conditions, and provisions in the said Letters Patent mentioned or referred to, to make, ordain, and establish all such laws and ordinances as to them shall seem meet for the peace, order, and good government of the said District of Natal : And whereas His Excellency the Governor lias declared by proclamation, dated 21st August, 1845, by him issued in virtue of certain authority in that behalf in him vested, the limits or boundaries of the said District of Natal, and has defined the territory or territories which constitute that district : And whereas it is expedient, without awaiting the legislative establishment within the said district of the Court or Courts for the administration of justice which is or are now about to be created, to make provision for the establishment of such laws as are immediately required for the preservation in the meantime of 470 ANNALS OF NATAL. peace and good order, and the repression of violence, injury, and injustice among all persons resident in the said district : Be it therefore enacted by the Governor of the Cape of Good Hope, with the advice and consent of the Legislative Council thereof, that the system, code, or body of laws commonly called the Roman- Da tch Law, as the same has been and is accepted and administered by the legal tribunals of the Colony of the Cape of Good Hope, shall be and is hereby established as the law of the District of Natal (as the said district shall from time to time be limited and defined by, or on behalf of Her Majesty the Queen) and of Her Majesty's sub- jects and all others residing and being within the said district : Pro- vided, however, that nothing herein contained shall be deemed in- taken to establish within the said district any laws or ordinances hereintofore at any time made or passed in this colony, by or through the local Government or Legislature thereof, or to give any existing Court or Magistrate of the said colony any jurisdiction or authority over or in regard to the said district, or to prevent the said system, code, or body of law from being hereafter added to or altered in re- gard to the said district by any competent authority. And be it enacted that it shall and may be lawful for the Gov- ernor aforesaid to address to any one or more of Her Majesty's sub- jects residing within the said district, one or more Commission or Commissions authorising him or them to exercise within such dis- trict the office of a Magistrate, for the purpose of preventing the perpetration therein of any crimes or offences punishable by law, and for the purpose of arresting and committing to custody for trial before the certain Court or Courts now about to be established within the said district, any person or persons charged on sufficient evidence with the commission of any crimes or offences within the said dis- trict, which shall have been committed after the date of the publica- tion of this ordinance in the Government Gazette, as hereinafter men- tioned. Provided, always, that every such commission shall be revocable at pleasure, and provided also that any person committed for trial l>\ any such Magistrate who shall not be brought to trial within six months from the date of his commitment shall at the expiration of such term of six months be discharged from custody on entering into his own recogni/ance, conditioned in such sum as shall appeal- just and reasonable, to appear before such Court or Courts as afore- said when duly summoned to do so. there to answer to any such charge as may be preferred against him. ATvXALS OF JTATAL. 471 And be it enacted that this Ordinance shall commence and take effect from and after the date of the promnlgation thereof by publication thereof in the Government Gazette. GOD SAVE THE QUEEN* ! Given at the Cape of Good Hope, this twenty-seventh day of August, 1845. By command of His Excellency the Governor, (Signed) JOHN* MONTAGU, Secretary to Government. By order of the Legislative Council, (Signed) K. B. HAMILTON, Clerk of the Legislative Council. GOVERNOR (SIR P. MAITLAND) TO SECRETARY OF STATE. Government House, Cape of Good Hope, 1 st October, 1845. To the Right Honourable the Lord Stanley. MY LORD, In obedience to your despatch of 8th May last, directing me to take measures to form a Civil Government at Natal by the provisional appointment of the necessary officers, I lost no time in bestowing my most careful attention on the subject, that I might carry out, as far as the means at my disposal would allow, the wishes of Her Majesty's Government, both as to the offices to be created, the salaries to be attached to them, and the persons who should be selected to fill them. In every point I have taken the advice of my Executive Council, and I have now the honour to report, for your Lordship's information and approval, what I haee already done. The following officers, with the respective emolu- ments, have been deemed absolutely essential to the constitution of the Natal Government : 1. A Lieutenant- Governor salary 800, and 100 for a house. 2. A Recorder salary 600, and 100 for a house. 3. A Secretary to Government, who shall also be Treasurer and Registrar of Deeds, at a salary of 500 per annum. 4. A Crown Clerk, at a salary of 300 per annum. The office of Lieutenant- Governor I have offered to Mr. West, the Civil Commissioner of Albany, by whom it has been accepted. Mr. Henry Cloete, the late Commissioner to Natal, and the only advocate at the Colonial bar to whom I could offer the appointment, has undertaken the office of Recorder. 472 ANNALS OF NATAL. The office of Secretary to Govei-nment, after being declined by Mr. J. J. le Sueur, on account of the smallness of the salary, has been accepted by Mr. Donald Moodie, the late Acting Civil Com- missioner at George. The office of Crown Clerk has not yet been filled, and I shall await the arrival of Mr. West before I make the appointment. I must impress on your Lordship that these salaries are the very lowest which I have thought, with the full concurrence of my Council, it was decent in Government to offer for the corresponding services, and for which persons of any competency could be obtained. And with respect to the choice of the persons whom I have provi- sionally appointed and now present to your Lordship for confirma- tion, I can only assure your Lordship that I have endeavoured to make the best selection which the limited resources of the colony placed within my power. I shall hasten as much as possible the departure of these officers for Natal, and whatever 'further is done shall be early reported to your Lordship. At present I have only to add that, as I learn from Major Smith, the late Commandant at Natal, that the immediate appointment of an agent to deal with the large native population of that settle- ment is absolutely necessary, I intend to transfer to that office Mr. Shepstone, the present Government Agent at Fort Peddie, who has already expressed his wish to be moved thither, and who, from his knowledge of the native language and customs, is better fitted than any other person I am acquainted with to discharge the duties of such an office efficiently. I have the honour, &c., (Signed) P. MAITLAND. LORD STANLEY TO SIR P. MAITLAND, K.C.B. Downing- street, loth October, 1845. Lieut. -General Sir P. MAITLAND, K.C.B., &c., Ac., &c. SIR, I have received your despatch No. 70, of 18th April, stating your objections to treating with the society at Amsterdam for the pi-otection of the religious wants of the inhabitants of Natal, Cape of Good Hope, and suggesting that an application should be made to the Rotterdam Missionary Society. Having referred your despatch to the Earl of Aberdeen f I now transmit for your information the copy of a despatch addressed to His Lordship by Her Majesty's Minister at the Hague, reporting- ANNALS OF NATAL. 473 the result of his inquiries respecting the Rotterdam Missionary Society. I have requested Lord Aberdeen to apprise Sir E. Disbrowe that, in consequence of his representations, I must decline altogether to enter into any i-elations with that society. I have the honour, . In reporting to you the appointments which I had made under your Lordship's general instructions at Natal, I inti- mated that I contemplated the removal thither of Mr. Theophilus Shepstone, Diplomatic Agent to the T'Slambie, Congo, and Fingo tribes, that he might be Diplomatic Agent to the very large body of natives in the District of Natal. I have now the honour to apprise your Lordship that I have car- ried this intention into effect, and provisionally appointed Mr. Shep- stone as Diplomatic Agent to the Native Tribes residing within the District of Natal, with a salary of 300 per annum, and to submit his appointment for Her Majesty's gracious confirmation. I have the honour, &c., (Signed) P. MAITLAND. 474 ANNALS OF NATAL. SIR P. MAITLAND TO SECRETARY OF STATE. Government House. Cape of Good Hope, 1st December, 1845. MY LORD, I have the honour to report that I have issued com- missions to be Special Magistrates under the Act of Parliament, 6 and 7 of William 4th, Cap. 27, to the following persons : His Honour MARTIN \\'I:M, Ksq., Lieutenant-Governor of Natal. DONALD MOODIE, Esq., Secretary to Government Natal. WALTER HARDING, Esq., Crown Prosecutor, Natal. THEOPHILUS SHEPSTONK. Esq., Diplomatic Agent to the Native Tribes residing within the said District. Major SMITH, '27th Regt., Frontier Agent- General and Frontier Commissioner for the Kafir Tribes on the Eastern Frontier. Captain MACLEAN, 27th Regt., Diplomatic Agent, T'Slambi, Congo, and Fingo tribes, Eastern frontier. Captain SUTTON, Cape Mounted Rifles, British Resident among the Native Tribes N.E. of the Colony. Copies of these commissions are herewith enclosed. I have, &c., (Signed) P. MAITI.AND. COMMISSION APPOINTING LIEUT.-GOVERNOR. His EXCELLENCY SIR PKI;KI;IMNK MAITI.AND, K.C.B., &c., &c., , as Governor and Commander-in-Chief of the Settlement of the Cape of Good Hope subject, nevertheless, to such restrictions and limitations as were set forth in the said Letters of the 31st day of May, 1844, as well as to all such orders and instructions as should be addressed to him, the said Lieutenant-Governor, by her said Majesty in the Privy Council, or under her signet and sign manual, or through one of the principal Secretaries of State, as by said commission herein- before in part recited, reference being thereunto had, will appear: And whereas there is not any person in the said District appointed by her said Majesty to be such Lieutenant-Governor as aforesaid : Now, therefore, in pursuance of the powers and provisions con- tained in the said last-mentioned Commission of the 3Gth April, in the eighth year of the reign of her said Majesty, and by virtue of the authority in that behalf in me vested, I do hereby nominate and appoint you, the said MARTIN WEST, Esquire, to be her said Majesty's Lieutenant-Governor, to administer in her name and in her behalf the Government of the said District of Natal until Her Majesty's pleasure be known, and no longer. Given at the Cape of Good Hope, &c., &c. (Signed) PEREGRINE MAITI.AM>. Governor. 476 AXXALS OF NATAL. INSTRUCTIONS TO LIEUT.-GOVERNOR WEST. INSTRUCTIONS ISSUKD BY His EXCELLENCY SIR PERE;IMXE MAITLAXD, GOVERNOR AND COMMANOER-IN-CHIEF OF THE COLONY OF THE CAIM: OF GOOD HOPE, TO MARTIN WEST, ESQUIRE, LIEUTKNAXT-GOVERNOR OF THE DISTRICT OF NATAL. 1. You will receive herewith copies of my Commission and of the Royal Instructions ; of the despatch of the Secretary of State rela- tive to the powers and duties of the Lieutenant-Govemor of the Eastern Districts of this Colony ; of the Letters Patent annexing the District of Natal to the Colony of the Cape of Good Hope ; and of the Commission under the Privy Seal by virtue of which you have been appointed. 2. From the several instruments above enumerated, as well as the correspondence between this Government and the Right Honour- able the Secretary of State in reference to Natal, to which corre- spondence you have dm-ing your stay in Cape Town had access, and from which you have been authorised to make extracts, yon will without difficulty collect Her Majesty's pleasure regarding the mode in which the Government of Natal is to be administered and the powers which belong to your important office. 3. Under these circumstances you seem to stand in need of few additional instructions; while, moreover, the Commission under which you have been provisionally appointed does not expressly authorise the Governor making such provisional appointment to anticipate Her Majesty's Instructions by issuing any instructions of his own. 4. It appears to me, however, that without entering into details, or claiming for the temporary instructions any such authority as would make them obligatory in point of law, there are one or two matters on which it is necessary that you should receive my directions. 5. Yon will have observed by Lord Stanley's despatch of 25th May, 1844, that Her Majesty's Government deem the existence of an Executive Council of Government at Natal to be a necessary institu- tion, and you are also aware that the Ordinance No. 14 of 1845, creat- ing the District Court of Natal, has in its 7th section expresssly contemplated such a Council. 6. I am of opinion that, although no express authority has been in that behalf bestowed upon me, it is implied by the nature of the thing, as well as demanded for the public service, that the Lieutenant- Governor provisionally appointed should have appointed for him a provisional Executive Council also. ANNALS OF NATAL 7. In order that you might have the advantage of selecting such officers for your Executive Council as were likely in your opinion to- to give you most assistance in carrying on your Government I deemed it fitting to desire that you should submit for my considera- tion the names of such officers as you would i-ecommend ; and, having approved of those selected by you, I hereby appoint the Senior Officer Commanding the Troops Avithin the District, the Sur- veyor-General of the District, the Collector of Customs, and the Crown Prosecutor, to be your Executive Council of Government. 8. In my opinion you, as Lieutenant- Governor of the District, should stand in regard to the Executive Council thus provisionally appointed precisely in the relations prescribed by the Royal Instruc- tions as that in which the Governor of the Colony should stand in regard to his Executive Council, and that the meetings of the Council should be regulated in the manner directed by the Royal Instructions in reference to the Executive Council of the Cape. The minutes of Council should be recorded by the Secretary to Govern- ment, and should be transmitted in like manner as the minutes referred to in the Royal Instructions. 9. Until you shall be otherwise instructed, you will, like the Lieutenant-Governor of the Eastern Districts, correspond with the Governor of the Cape, and not direct with Her Majesty's Govern- ment. 10. Circumstances, physical as well as political, require that, with one exception (that of legislation), the Government of the district of Natal should be administered as a Government distinct and separate from that of the remainder of the Colony, and Hei^ Majesty has been pleased to declare her will and pleasure so to be. But you will nevertheless feel yourself at liberty to address the Governor of the Cape upon any particular point on which, from its unusual nature and importance, you shall deem it necessary to- receive his advice or instructions. 11. The original idea of Her Majesty's Government seems to have been that the whole civil and criminal ordinances of the Cape should by one legislative measure be carried up into Natal, leaving it to subsequent experience to suggest exceptions and repeal of what should be found unsuitable. I have been advised that, owing to the extent to which existing ordinances are dependent upon machinery purely local, their general transfer to Natal, where no such machinery exists, would leave them in a state incapable of working. The opposite and more laborious course of adapting all necessaiy 478 AXXALS OF XATAL. ordinances to the circumstances of Natal has therefore been decided tipon, and several have already been prepared, and a greater number are, as yon are aware, under the coiisi deration of the Attorney - General for the Cape. It will be proper that you should, as soon as yon conveniently can. turn your attention still further to the question, and furnish in as complete a state as possible such additional drafts of ordinances as yon shall deem necessary to have enacted for the peace and good order of your Government. 1'2. It now only remains to instruct you on your arrival to administer to the Recorder of Natal, tinder the provisions of Ordinance 14, 1845, the oaths therein referred to ; after which you will yourself again take the several oaths administered to you by me in Cape Town, which oaths will be administered to you by the said Recorder ; and you will afterwards proceed to administer to the officers composing your Executive Council all such oaths as would have been administered to them if they had been appointed mem- bers of the Executive Council of this Colony. GOVERNOR SIR P. MAITLAND TO SECRETARY OF STATE. Government House, Cape of Good Hope, 2nd December, 1845. MY LORD, I have the honour to report to your Lordship the steps I have taken in forming the Government of Natal since my last despatch. I have issued to Mr. West a commission under the public seal of the Colony provisionally appointing him Lieutenant-Governor in and for the District of Natal, and have published in the " Gazette " a proclamation, &c. * * The instructions I have issued to Mr. West are also inclosed. Mr. West having taken the oaths of office, * * sailed for his Government on the *2.">th ultimo. I have appointed the five under-mentioned officers to form an Kxecutive Council to assist by their advice the Lieutenant-Governor, viz., the Senior Officer Commanding Her Majesty's Forces within the said District, the Secretary to Government, the Surveyor-General, the Collector of Customs, and the Crown Pi-osecutor. * * * I have, &c., (Signed) P. MAITLAND. AX\.U,S OF XATAL. 479 ADDRESS TO LIEUTENANT-GOVERNOR WEST. Mission House, 6th December, 1845. To His Honour the Lieutenant- Govern or of Natal. SIR, As the representative of the Wesleyan body at Natal, I have great pleasure in embracing 1 the oppoitunity afforded on the occasion of .your Honour's arrival amongst us of expressing the high satisfaction with which, in your present position as Lieutenant- Governor of Natal, you are regarded by us ; and of the esteem, and I may add affection, in which your Honour and your deservedly respected family are held by us. With such sensibilities we look forward with the most pleasing anticipations of the happiest results ; and I need scai-cely assure you of our constant and most fervent prayers for the Divine blessings upon your Honour's government : that it may be long and agreeable to yourself, that it may be attended with prosperity and happiness to your people, and that it may be the means of imparting to all classes the healthful spirit of a widely- spread Christianity, without which no nation or country can be exalted. I have, &c., (Signed) J. W. ARCHBELL, Wesleyan Minister. REPLY TO ADDRESS. 8th December, 1845. The Rev. J. W. ARCHRELL. SIR, Accept my sincere thanks for the kind manner in which you have welcomed myself and my family on my arrival in this country. I feel much satisfaction, I assure you, in receiving the nattering sentiments of regard expressed in your communioation from the representative of a body by whom, during the long period of my residence in Graham's Town, I was always treated with the utmost courtesy and consideration, and for whom it would be ungrateful not to entertain the highest esteem. That the administration of the office which I have the honour to till may be attended with all the good results for which your prayers are offered, is no less the anxious desii'e of Yours, &c., (Signed) MAIHIX WKST. 480 ANNALS OF NATAL. LIEUTENANT-GOVERNOR, NATAL, TO GOVERNOR, CAPK OF GOOD HOPE. Port Natal, 8th December, 1845. SIR, I take the opportunity afforded me by the departure this day of the overland mail to Graham's Town to acquaint your Excel- lency that I landed at this port on Thursday, 4th instant, although it is more than probable that a copy of this despatch, which I shall have the honour of transmitting to your Excellency by the first vessel leaving this place for Table Bay, will have previously reached you. Having so recently arrived in this District, I have nothing to communicate to your Excellency, excepting that I have been received by the civil and military authorities of the place with the greatest respect and civility. It is my intention to proceed to Pietermaritzburg to-morrow, where I shall enter upon the active duties of my office as soon as possible, with the progress of which I shall not fail to keep your Excellency well informed. I have, &c., (Signed) MARTIN WEST. ADDRESS TO THE LIEUTENANT-GOVERNOR, THE HUMBLK ADDRESS OF THE INHABITANTS OF D'UKBANTO His HONOUR THE LIEUTENANT-GOVERNOR OF NATAL, &C., &C. SIR, It is with unfeigned satisfaction that we, the undersigned, representing the inhabitants of D'Urban, embrace the opportunity afforded by your Honour's arrival of tendering our congratiilations on the very speedy and safe passage with which it has pleased Providence to favour you to one of the finest countries upon the African continent. Sir, we beg to assure you that we feel a real pleasure in the anticipation of the future under the able management of your Honour whose fame has preceded you to these shores and inspired us with the fullest confidence that the efforts induced by such auspices for the general advantage and improvement of this unrivalled country cannot fail to secure results the most propitious to our institutions, our policy, and our commerce. We beg also to assim- your Honour, as Her Majesty's represon- ANNALS OF NATAL. 48 r tative here, that, recognising, in the present movement, as we do, an order which from onr earliest recollections we were taught to respect, we are but giving expression to the lively ebullition of our British pride in asserting our loyal satisfaction at an event which puts us in possession of the benefit of British institutions, British influences, and British rights. With this brief record of our grateful and loyal sentiments at the present epoch, we beg in conclusion to tender to your Honour, and your amiable and much respected lady and family the most cordial welcome of our warmest affections among us. (Signed) FIFTY-SIX SIGXATURKS. LlEUTEXAXT-GoVERXCm's REPLY. Port Natal, 9th December, 1845. GEXTLEMKX. I feel much gratified to find, from the address that has just been received, that my appointment to the Lieutenant- Governorship of the District of Natal has given satisfaction to the loyal inhabitants of Durban, and that I have the good fortune to possess their confidence and esteem. The expectation of the future prosperity of the settlement under my administration, which you have done me the honour to express in the most flattering terms, I shall endeavour to realise by seekincr to give effect by all the means in my power to the benevolent designs of the British Government in annexing these territories to the British Crown, that of extending to all within them, and within the influence of them, the blessings of peace and good order, security and good government. Gentlemen, allow me in conclusion to thank you for the trouble you have taken in waiting upon me with the address. Yours faithfully, (Signed) MAKTIX WEST. ADDRESS TO LIEUTENANT-GOVERNOR, To His Honour MAKTIX WEST, Esq., Lieut. -Governor, &c., Natal. We, the undersigned, inhabitants of the Pietermaritzburg District, take the liberty most respectfully to welcome you on your arrival here to assume the high functions to which you have been appointed. XX 2 AA 482 ANNALS OF NATAL. You are personally a stranger to as, but we have learned much respecting you, and hail the appointment of one who has so ably and satisfactorily fulfilled the responsible duties of a magistrate in one of the most important districts of the Eastern Province of the Cape Colony, and whose departure therefrom Avas so sincerely regretted by those whom he has left behind to assume the reins of Government here ; and we cannot but appreciate in the'highest sense the judicious selection made from among the numerous and competent persons in appointing your Honour to fulfil the arduous duties of the office you are about to enter upon ; and we look to the appointment as a happy omen towards the amelioration of the deplorable condition into which this fine and promising country has been plunged by the absence of a regular Government and the want of energetic measui'es. In conclusion, we beg to assure you of our most zealous co-opera- tion towards aiding and assisting you to the utmost of our abilities in the maintenance of good order and government. And we request you will be pleased to convey to our Most Gracious Sovereign our ardent expressions of loyalty and attachment towards her person ; and also that yon would accept from us our best wishes for your future welfare. (Signed) SIXTY-ONE SIGXATI'RES. LIEUTENANT-GOVERNOR'S REPLY. Pietermaritzbui-g, 13th December, 1845. GENTTJ:MEX, I thank you for the cordial reception with which you have greeted my arrival in Pietermaritzburg, and for the flattering manner in which you have introduced my name into the loyal address which you have done me the favour to present to me ; and be assured that the favourable sentiments which yon have expressed towards me and towards my Government have afforded me the most lively pleasure. I shall lose no time in forwarding to our Gracious Sovereign the Queen of England, whose representative in the territories of Natal I have the distinguished honour to be, the ardent expressions of loyalty and of attachment to her person of the inhabitants of Pietermaritzburg, which I know will be gratifying to Her Majesty in a high degree. Gentlemen, the annexation of these territories to the possessions of Great Britain has been effected for a wise and good pin-pose : to bring all who reside in them, and all British subjects residing beyond them, within the dominion and influence of law and justice ; ANNALS OP NATAL. and it affords me the greatest satisfaction to know that, in my efforts to establish and maintain good order and good government in them I shall receive the cordial co-operation and assistance of the loyal inhabitants of Pietermaritzburg. Allow me, Gentlemen, again to thank you for presenting me with the address, and for the satisfaction which the sentiments it expresses have afforded me. I am, yours faithfully, (Signed) MARTIN WEST. LIEUTENANT-GOVERNOR, NATAL, TO GOVERNOR, CAPE OF GOOD HOPE. Pietermaritzburg, 15th December, 1845. SIR, I have the honour to inform your Excellency that I arrived in Pietermaritzburg on Friday, 12th instant, where I was received by the Officer commanding Her Majesty's troops with all honour and respect. On the afternoon of the same day, the Recorder of the District Court of Natal was s \vbrn in before me, after which this officer administered to me the oaths of office, which were subsequently administered by me to three of the members of the Executive Conn- n'l. viz., to the Officer in qommand of the Troops, the Surveyor- General, and the Collector of Customs. I have also to acquaint your Excellency that I have received three congratulatory addresses since my arrival in this District : one from the Rev. James Archbell. representing the sentiments of the Wesleyan community in Xatal, one from the inhabitants of Durban, and one from those of Pietermaritzburg, copy of all of which, together with my replies, I have the honour to enclose for your Excellency's information. I think it likewise desirable to state incidentally, that I shall most probably be under the necessity of applying to your Excellency for an augmentation of the military force of this District, particularly for the cavalry branch of it, in consequence of the numerous depre- dations committed upon the farmers by the native tribes, especially by the Bushmen, who are reported to be very troublesome in the vicinity of the Draaksberg, and it is thought that one or two military posts of cavalry stationed in the neighbourhood would prove of signal service in repressing these depredations, and give security to the property of the inhabitants ; and it is also believed that such a 484 AXNALS OF NATAL. measure would induce many farmers to return to their farms who have lately withdrawn for safety beyond the Draaksberg. To a more circumstantial relation of the causes which have led me to form an opinion favourable to the extension of the military force in this District. T shall have the honour to request the special attention of your Excellency in a further despatch. T may add that I am happy to assure your Excellency that I have every reason to be pleased at the reception given to me by the inhabitants. I have, etc., (Signed) M. WEST. SECRETARY OF STATE TO SIR P. MAITLAXD. Downing-street, 19th December, 184o. : f Sie, I have received and laid before the Queen your despatch of 2fith September, enclosing an Ordinance, Xo. 1'J. IS- to. passed by yourself with the advice and consent, of the Legislative Council of the Cape of Good Hope, entitled an ' Ordinance for establishing the Roman- Dutch Law in and for the District of Xatal." T have received the Queen's commands to acquaint yon that Her Majesty has been pleased to approve, confirm, and allow this Ordi- nance. You will communicate Her Majesty's decision to the inhabitants of the colony by a proclamation to be published in the usual and most authentic manner.- -I have, cvc , (Signed) STAM.KV. 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