^■,
■^wF II^.'lvrp^/^
•^^
V
A\\EUNIVER5"/^
'^/
^
o
%
^5.\\EUNIVER% ^
x^ ^
O' \x»
=0 C «r
^<:/A«vaaii-# '^6>AbVdaiiaS^ %iionv$o)-^^ ■%Ji3Ai[!inavVv
.•\n^Avr,Fi;"r.
>-
\
^.
,\^~
^^
-^WF I'VIVFR^
to
DC
>
p.
^.\
%
-•>
A
^
.*^:"
i.iiMrric.
,.
^ "'«!%,
,-i%
/>
^"^
o
c? — r ft '
0^ ^LIBs
Itol
/A vjclOSANCEtfju
OS
u-i
>
\f:
iRARYo^^ #UBRARY^X^ ,^\\E•UNlVER5•/^ v^lOSANCEl%
^
«T5 ^
SOUTH AFEICA,
A
SHOET HISTORY OF THE EUROPEAN
SETTLEMENTS AT THE CAPE.
JOHN NOBLE,
Ckrii of t^c Ijousb of ^ssimbln of llje €apc Colong.
" Land of Good Hopo ! thy Future lies
Bright 'fore my vision as thy skies." — Thoiisoit.
London :
longmans & co.
Cape Town, South Africa :
J. C. JUTA.
1877.
[Bight of Eep'oduction and Translation Eeservcd.']
11
G(^s
To THE Memory of my Broth ei;,
EODEKICK XOBLE,
This Y o l u >r f is Dedicated.
'pcun iljm tceicgcn iic gcivaltigcn Stuntcn
Jli'c^ fufjt icl;'S \vo\]i, taa-i id) in il^m ixrtor."
SCHILLEE.
' For the strong hours conquer,
Yet still feel I deep what I have lost in him."
PEEFACE.
Colonial History is apt to be regarded as uneventful.
It is usually little more than a plain story of the progress
of a new country, from the time of the arrival of the first
handful of colonists, who set to work to subdue the earth
and multiply and replenish it, until they finally succeed in
reproducing around them the social aspects and the institu-
tions of the old land whence they came.
To this ordinary rule these annals of South Africa may
claim to be an exception. Upwards of two centuries of
European occupation of the country not only afford mate-
rials for a record of colonial progress and prosperity and
political development, but also fiu-nish a number of episodes
and incidents as diversified and remarkable, it will be seen,
as any chronicled in the world's history.
VI. PEEFACE
Tlip condition of the Cape Settlement in its early stage,
when it ^^■a.s simply a Factory of the Dutch East India
Company, has alx-eacly been described with a masterly hand
by the late Judge Watermeyer. I have contented myself
with briefly sketching the main features of that period,
and introducing some information respecting the Huguenot
emigration, which I originally communicated to the Cape
MontJihj Magazine, in 1800.
My principal aim in this volume has been to give a
continuous narrative of the progress of Em-opean colonization
from the close of the past century down to the present
time. In attempting to do so, I have endeavoured to avoid
anything like a dry chronological detail of events, and have
sought to present, in a connected view, all that is most
noticeable in the Political History of the Colonies and States
of South Africa.
These Colonies and States are now approaching a ne\^'
and important epoch. The policy of Confederation, or
Union of the European communities, recommended by Earl
Carnarvon, is at present receiving the earnest attention of
both the Imperial and Colonial Legislatures ; and a dis-
tinguished officer of the Crown (Sir Eartle Erere, K.C.B.,
KC.S.I.) has been appointed to the administration of aftairs
at the Cape, with tlie declared object of co-operating with
PREFACE VU.
our foremost colonial statesmen, in removing, if possible, any-
local impediments standing in the way of its successfiil
accomplishment.
I am hopeful that to those who are so engaged iu
considering the difficulties and solving the problems con-
nected Mith the future government of the country, this
resume of the conditions of South Africa, Past and Present,
may opportunely be of service ; while to the rising gene-
ration of colonists it will supply the long-felt want of a
succinct, yet tolerably full and reliable outline of the
changes, political, social, and commercial, which have taken
place in " the land we live in."
J. N.
MONTEOSE GrAEDENS,
Cape Towk, March, 1877.
Since writing the above, the important intelligence has
reached England that the Transvaal Eepublic has, on the
12th of April, submitted to British authority, and that the
Imperial flag now floats over Pretoria and the gold diggings
of Lydenburg, and (may we hope) assuring peace and good-
will towards men, to aU the regions south of the Zambezi.
London, May, 1877.
ERRATA.
Page 9, line 2, for " Charl " read Charles.
Page 31, line 23, for " Dooru" read Doom.
Page 32, line 13, for "Dooru" read Doom.
Page 54, line 24, for " Ranstonc " read Eawstornc.
Page 69, Dr. Stewart, C.M.R., killed in Booma Pass , Capt. (now
Lieut.-Genl.) Bisset, severely wounded.
Page 135, line 18, for "Sales" read De Salis.
Page 135, add to the officers wounded, Lieut. Palacios, and Lieut
Mill, C.M.R.
ADDITIONAL ERRATA.
Page 4, line 5, insert '■ King Joas II." before the word "changed."
Page 134, line 28, for " doeu " read doen.
Page 137, line 21, for " Majaliesbci'g " read Magalicsberg.
Pago 139, line 28, for " pastures " read partners.
Pago 141, line 24, for "councils" read counsels.
Page 142, line 9, for " Wajor " read Major.
Page 142, line 15, for "Baralongs" Bavolongs, wherever it occurs.
Page 163, line 10, for " legally" vcuA formally.
Page 167, line 19, for "occupied" read unoccupied.
Page 168, line 7, for " Barkley" read Barkly.
Page 170, line 12, for "Owen" read Oswell.
Page 176, line 26, for " legislative " read legislature.
Page 180, lino 12, for " on" read after.
Page 182, line 4, for "of their" read to their.
Pago 191, line 2, for " Ordinance " read Ordnance.
Page 191, line 25, for "their" read there.
Pago 245, line 25, for " Colone" read Colonel.
Page 293, line 8, for " follows " read followers.
CONTENTS.
Chapter I.
Discovery of the Cape of Good Hope by the Portuguese — Formal
possession assumed by an English Fleet — The Dutch East
India Company — Settlement for the Refreshment of their
Ships — Van Riebeek's arrival — Monopoly of Trade —
Purchase of land from the Aborigines — Embryo Colony
in\Van der Stell's time — Anti-industrial Pohcy — French
Huguenot Refugees — Political troubles — Dispersion of the
Settlers — Trekking — Extension of the Colony— Border
difficulties — Commando system — Demand for Free-trade
—Arrival of English Fleet in 1795— Close of the Dutch
East India Company's rule . . . . . . 3-20
Chapter II.
The Colony temporarily occupied by England — Restored to the
Dutch by Peace of Amiens — Improved Administration
under Governor Janssens and Commissary-General De
JMist — Renewal of War in Europe — Re-capture of the
Cape by English forces — Capitulation and close of the
Dutch Batavian Government — Condition of the Country
— Expulsion of Kafirs beyond the Fish River — Colonel
Graham's Campaign— Massacre of Landdrost Stocken-
strom— The ''Slaghtcr's Nek" Rebellion — The Settlement
of Albany — Arrival of British Emigrants . . . . 21-37
X. CONTENTS
Chapter III.
Political condition of the colony in 1820 — Absolute Power of the
Governor — Censorship over the Press — Appeal to England
and Liberty of the Press secured — The Complaints of the
Albany Settlers — Public Meetings Prohibited — Pass Law
— Imperial Commission of Enquiry — Ameliorative Mea-
sures — Civil and Judicial Reforms — Use of the English
Language — Appointment of a Commissioner-General on
the Frontier — The Reprisal system — Retrospect of rela-
tions with the >'ative Tribes— The Kafir War of 1834 . . 38-54
Chapter IV.
House of Commons' Committee on the State of the Aborigines —
Lord Glenelg's Policy — Appointment of Mr. Stockenstrom
as Lieut. -Governor — Dismissal of Governor Sir B. Durban
— The Stockenstrom Treaties — Sir George Napier's and
Sir Peregrine Maitland's Alterations — The War of 1846 —
Character of Kafir Warfare— Sir H. Pottinger and Sir
IL Smilli— The War and Rebellion of 1851-2-3— Sir G.
Cathcart — Peace secured — Sir George Grey and his Policy
for the Civilization of the Native Tribes. . . . . 55-72
Chapter V.
The Voor-treklvers — Condition of the Native Tribes in the Literior
— Migrating Colonists — the Great Exodus — Causes of
Discontent — The Leaders — Adventures — Contests with
Moselekatze — Arrival in Natal — Cliaka and the Zulus —
Massacre of the Boers by Dingaan — E.xploits of Maritz,
Uys, and Pretorius — Independence claimed — British
Sovereignty asserted in Natal — Collision between the
Boers and English Troops — Endurance of the Besieged
Camp — Tiieir Relief — Dispersion and Submission of the
Insurgents — Clemency extended to them— Policy adopted
by the English Government — Conditions accepted by the
Emigrants — rroclamation of Natal as a British Colony . 73-103
CONTENTS xi.
Chapter VI.
Pioneers of the Transvaal — Trie-hard and Potgieter — Dispersion
of the Emigrants — Disorders in the Orange River
Territory — Proclamation hy Judge ilenzies — Governor
Napier's Treaties — Hostilities between the Boers and
Griquas — The Dragoon Guards at Zwart Koppies —
Governor ]\Iaitland's Treaties — Appointment of a British
Eesidcnt — Natal AiFairs — New Government — Influx of
Zulu Refugees — Apprehended danger from Native loca-
tions — Pretorius' Mission to the Cape Colony — His
reception by Sir H. Pottinger — Sir Harry Smith's
friendly policy — Interview with the Trek Boers —
Proclamation of British Sovereignty over the Orange
River — Pretorius' Rebellion — Battle of Boomplaats —
Resumption of Sovereignty .. .. .. 104-137
Chapter VII.
The Sovereignty — Moshesh and the Basutos — Cannibalism —
Native Disputes — The Brltisli Resident's Interference —
The Engagement at Vier Voct — Refusal of the Boers to
pei'form Militar}' c^utj — Distracted Condition of the
Country — Earl Grej^'s decision to abandon it — Reversal
of former Policy — Removal of Major Warden and
Recall of Sir Harry Smitli — Assistant-Commissioners
Ilogge and Owen — Policy of Non-interference and Non-
encroachment — Convention with the Transvaal Emigrant
Farmers — ^loshesh and Sir George Cathcart — The
Battle of the Berea — Abandonment of the Sovereignty
— Sir George Clerk's ^Mission — Convention with the
Free State — The Exodus of the Griquas — Basuto ATars
— Assumption of the Basutos as British Subjects —
Policy towards the Republics — The Diamond Fields —
The Transvaal — Opening up of the Interior — Impotence
of Authority on part of Transvaal authorities — Tragedies
of Potgieter's Rust, and Makapans Caves — Declaration
of Boundaries of Republic — Treaty v.-ith Portuguese —
Disputes with Zulu tribes — Character of population of
Transvaal undergoing a change — Election of Rev. T. F.
Burgers as President . . . . . . . . Io8-170i"
XU. CONTE^"TS
Chapter VIII.
Sir G.Xapicr's support of the first Petition for a Rcprc.«cnt:itive
Assembly — Gradual Changes in the form of Government
— Character of the Population — Obstacles to be encoun-
tcreil — The Reformers of 1842 — Earl Grey's Policy of
Self-Govcrnnicnt for the Colony — Sir Ilarrj' Smith's
instructions — Mr. Porter's draft Constitution — Joint
Kocommendations of the Governor, the Executive and
the Judges — The Anti-Convict agitation — The Cape a
Penal station — Resistance of the Colonists — The Anti-
coTivict Association — The " Pledge," and its operation —
The Neptune detained in Simon's Bay — Earl Grey's
concession and apology — The Penal Order in Council
revoked, and the Convicts sent to Van Diemcn's Land —
The result of the contest .. .. .. .. 17-±-l!J8
Chapter IX.
RenoTTcd desire for Self-Government — Constitution framed by
Committee of the Privy Council — Election of Members
to the old Legislative Council — Collision between the
Elected Members and the Officials — Appeal to England
— Debates in the Imperial Parliament — Distracted State
of the Colony in 1851-2. — ProiJOsals for Federation and
Separation — Conservative ojtposition to tlie Constilution
Ordinances— Discussions on the Parliamentary Franchise
— Arrival of Governor Sir G. Cathcart and Lieutenant-
Govcnior Darling — Illness and Death of Mr, Montagu —
Changes of ^Ministry in England — Revision of the Ordi-
nances — The Constitution ratified by Orders in Council —
Dissolution of the old Legislature— ^Meeting of the First
Parliament .. .. .. .. ., 199-21(5
CONTENTS Xm.
Chapter X.
Sir George Grey's Plans for the moral subjugation of the Kafir
TriLes — Defence of the Frontier — Unexpected Events : —
the Cattle Killing Uclusion— Destitution and Famine in
Kafirland — Seizure of tlie Chief ^lacomo — Expedition
against Kreli — -The work of tlic First Parliament — The
Free State Proposal for Alliance, and Sir George Grey's
scheme of Federal Union — His Recall and Ke-appoint-
ment — Prince Alfred's visit — Sir George Grey's appoint-
ment to New Zealand — The general tendency of his
Policy in South Africa . . . . . . . . 217-243
Chaptkr XI.
Sir P. E.Wodehouse — Withdrawal of Imperial Funds— Letters
Patent constituting Kaffraria a separate government —
Plan for the Settlement of Europeans in the Transkei
abandoned — Concessions to Kreli — Transfer of Natives
from the Colony to the Transkei — Relations between
the Governor and Parliament — Finance — Responsible
G ovcrnment — Separation-Remedial ^Measures -Alternate
Parliaments — The Session at Graliam's Town — Imperial
Act for the Annexation of British Kaffraria — Collisions
between the Governor and the Legislature — The Final
Struggle — Appeal to the country — Proposals to Abrogate
Parliament rejected — Sir Henry Barkly appointed Go-
vcrnor — Equality of Representation — Federation —
Responsible Government introduced . . . . 244-283
XIV. CONTENTS
Chapter XII.
Natal : After its Occupation by Great Britain — Tlio Byrne
Emigration Scheme — Sir George Grey's visit — Kepresen-
tative Government — The Charter and the Franchise —
Commercial crisis — Supplementary Charter — Langaliba-
Icle's disturbances — Sir Garnet AVolsoW's Mission —
Amendment of the Constitution. — Guiquai.axd AVest :
Proclamation of Sovereignty — The Diamond Mines^-
Eiots and Lynch-law — Constitution grantetl — Mr.
Southcy Lieut.-Governor — Causes of Discontent — Armed
Bands — Arrival of Troops — Purchase of the ilinc —
Retrenchment — The Land Question — Settlement of
Disputes with the Orange Free State — Confederation :
Earl Carnarvon's Proposals for Union . . . . 284-308
Conclusion.
Past and Present — Population, Revenue, Trade, and Productions
of the European Settlements — Tlie Cape Colony and its
Annexed Provinces ; its Institutions and Financial Con-
dition — Griqualand West — Xatal — The Orange Free
Slate and its Government — The Transvaal and its
Resources; Gold Fields; Political Constitution ; AdnK-
nistration of President Burgers; "War and Financial
Ditiiculties ; Union with the British Possessions — Native
Races.. .. .. .. .. .. 300- uCG
SOUTH AFRICA :
HISTORY OF THE EUROPEAN SETTLEMENTS
The Dutch East India, Company' s Settlement.
1652 to 1795.
Discovery of the Cape of Good Hope by the Portuguese — Formal
possession assumed by an English Fleet — The Dutch East
India Company — Settlement for the refreshment of their
ships — Van Riebeek's arrival — Monopoly of trade — Purchase
of land from the aborigines — Embryo colony in Van der
Stell's time — Anti-industrial policy — French Huguenot
refugees — Political troubles — Dispersion of the settlers —
Trekking — Extension of the Colony — Border difficulties —
Commando system — Demand for free trade — Arrival of
English fleet in 1795 — Close of the Dutch East India
Company's rule.
^ Although two himdred and twenty-five years have passed since
*^ the date of the first European occupation of South Africa, it is
only during the last sixty years that colonization has been fairly
and freely encouraged in the country. I For nearly a century and
a half, it was a mere mercantile settlement of the Dutch East
India Company, who held a monopoly of trade and checked and
prevented the formation of what is now understood as a " colony .^'
It is necessary to bear this fact in mind when instituting com-
parisons between the age and progress of the Cape of Good Hope,
and the remarkable advancement of the Anglo-Saxon communities
in America and Austraha. The latter, from the outset of their
career, enjoyed the favourable auspices of political freedom and
imfettered industrial enterprise ; y but the early settlers in South
Africa found themselves trammelled and repressed by a Govern-
4 HISTOET
ment which has been well described as — " in all things political,
purely despotic, and in all things commercial, purely monopolist.".
The Portuguese were the earliest discoverers of the Cape of
Good Hope. Bartholomew Diaz first rounded it in 1486, and
changed its name from the stormy one of " Cabo Tonnentoso "
to the one it now bears. Vasco de Gama followed in 1497,
pi'oceeding as far as Natal and Mozambique. Beyond resorting
to the bays along the coast for shelter or refreshment, these
voyagers did not make any use of the promontory they had
found on this ocean-route to the east. English and Dutch
navigators afterwards, on their way to India, visited Saldanha
bay and Table bay, and the commanders of one Enghsh fleet
(Shilliuge and Fitz-Herbert) landed and took formal possession
of " the South African coast and continent " in the name of His
Majesty James the First ; but no steps appear to have been
taken by the English government to ratify this act.
In 1602, a body of Dutch merchants who had successfully
engaged in commerce with the East planned a privileged company,
and obtained a charter from the States- General of the United
Provinces, on the ground among other things of the national ad-
vantages which would acci"ue therefrom. The charter delegated
to the Company the general powers of government over the ports
and other establishments beyond the Cape of Good Hope, " for
the advancement of their exclusive rights of trade." Some years
afterwards one of their richly-laden homeward bound ships, the
Haarlem, was wrecked in Table Bay, where her treasures have been
occasionally, even quite recently, recovered by divers. Her crew,
on iJnding their way back to Holland, strongly recommended tlie
advantages of establishing a rendezvous at the Cape for the
refreshment of their fleets, and this idea was afterwards acted
upon by the Company, who accordingly ordered possession to be
taken of a spot suitable to their object.
Jan iVnthony Van Hiebeek, a sm-geon in the employ of the
Company, who had previously sailed with outward bound ships
VAK HIEBEEK S AEEITAX 5
to India, was the officer chosen as first commander of this new
settlement. He was duly commissioned by the Chamber of
Seventeen, at Amsterdam, to occupj'- the " Cabo de Boa
Esperanea," and to build a fort and lay out gardens in Table
Valley. Accompanied by about a hundred souls, he arrived
under the shade of Table mountain, on the 5th April, 1652. His
followers were officers and servants of the company, a few of
whom, after landing, were released from their engagements, and
permitted to become "free burghers" or cultivators of the soil.
The daily life they led, and the progress made, are minutely
detailed in the quaint and interesting "journal" and "despatches"
of Van Ptiebeek and his successors, which are still preserved in
the archives of the colony. These shew that the settlement was
simply regarded as a dependency of the Company, and its affairs
administered with no other view than that of protecting and
sxipporting the commercial interests of that body. The principal
object was to supply its ships cheaply and plentifully — to get as
much profit as possible out of the burghers and the natives on
whom it was dependent for these supplies — and to prevent
them engaging in exchange or barter with any other than the
company's officers, — thus monopolising all trade for its own
advantage.
Van Riebeek was very zealous in carrying out the instractions
and policy of his principals, and in his relations with the natives
was tolerably just and friendly. The aboriginal tribes had long
been in the habit of selling cattle to the shipping, and as it was
serviceable for the Company, every endeavour was made to live at
peace with them. To prevent any cavilling or discontent in
consequence of the appropriation of land by the settlers, an agree-
ment for the formal purchase of it was made in 1671, with
the Hottentot Prince Manckhagon alias Shacher, "hereditary
sovereign of the land of the Cabo de Bona Esperance," by which
the district beginning from the Lion Hill and extending along
the coast of Table Bay, with the Hout and Saldanha Bays
6 HISTOET
inclusive, was made over to the Company. In 1672, a similar
contract was made with " the minor Prince D'houw, hereditary
sovereign of the country called Hottentots Holland," for the
purchase of the land from the Cape district around its coast
and Cape False and Bay False. In both instances the price paid
was " four thousand reals of eight, in sundry goods and articles
of merchandize," delivered to the satisfaction of the contracting
natives, who appear to have lived on good terms with the Dutch
until some years afterwards they were decimated by small-pox.
Among the commanders who succeeded Van Riebeek, the most
able and conspicuously -active in impro\ang the settlement was
Simon Van der Stell. He was not satisfied with its remaining
a mere provision-station for the Dutch ships calling at Table
Bay, and suggested to the Company that something more should
be made of the country, by growing corn, wine and other products
which might yield rich returns. For this purpose he urged that
the number of residents should be increased, as there was land of
excellent character in abundance, but labourers were required
to tiU it. The directors of the Company in Holland, thereupon
determined to reinforce their garrison with a number of settlers
of tlie agricultural class. Their policy, as set forth in one of
their despatches, was prompted by the consideration that " he
who would establish a new colony may be justly compared to
a good gardener who expends a large sum upon a young
orchard, with the prospect of liis labour and capital being repaid
in due time." And had such a poUcy in its integrity been acted
upon, the subsequent history of the country would have been very
different. Although in these and other expressed aims and
intentions of the Company, there was much that was good and
beneficent ; yet practically, in all that affected the encouragement
or even the toleration of trade and industry amongst its subjects,
everything was held secondary to immediate profit.
Previous to Van der Stell's time, the mode of settling the
embryo colony had been by granting discharges to such of the
THE IIEST COLONISTS EEMONSTEATE 7
•Company's soldiers or servants as were married, of good character
and Protestants — giving them land for cultivation, assisting them
with slave labour and binding them to a residence of ten, and (to
induce their longer stay) their children to a residence of twenty
years; — their faithful services after a while securing for them
the rights of free burghership. These people, however, were
bound to sell their produce only to the Company, and were
denied the privilege of earning a penny by barter with the
natives or foreigners. When after expending their labours oir
the land, they found that a fair price for their goods was denied
them, they addressed to the Company's representative a strong
statement of their grievances, which was signed by tlie whole
body of colonists, " none excepted " — as their descendants have
frequently since, with equal boldness and unanimity, asserted their
regard for their own liberties. This remonstrance, however,
appeared to the directors " full of sedition and mutiny; " and the
burghers were warned not to present such papers in future, or
" severe measures would be provided against the same." As the
Company and their local representatives exercised the power of
pohtical deportation over any person they thought fit to designate
" an useless subject," the colonists, at this early period, had no
choice between implicit submission and escape from the colony
by sea ; and for many years after, several of them, as well as of
the garrison, escaped to Holland, by hiding themselves in the
company's ships.
Governor Van der Stell's suggestions for increasing the popu-
lation of the settlement reached Holland at a most opportune
period. Louis the Fourteenth had just proclaimed (in October,
1685), the revocation of the Edict of Nantes, which deprived the
Protestants of their liberty and drove the best and bravest of his
subjects out of France. From Piedmont and the Italian Alps,
too, the hurricane of religious persecution had forced the
Waldenses to seek elsewhere the freedom their own country
denied them. To all of these, the Dutch Republic offered aiL
8 mSTOEY
asylum — receiving the fugitives with great kindness, supplying
their wants, subscribing to their necessities, and helping them
to new homes in oUier parts of the world. The Chamber of
Amsterdam and of Delft, in 1GS7, informed Van der Stell that
in addition to other freemen a number of these French and
Piedmontese refugees were willing to emigrate to the Cape for
freedom of conscience. " Among them," says the despatch, " are
persons who understand the culture of the vine, who will in time
be able to benefit the Company and themselves. We consider
that as these people know how to manage with very little, they
will without difficulty be able to accommodate themselves to their
work at the Cape, also especially as they feel themselves safe
under a mild government and freed from the persecution which
they suffered. It will be your duty, as they are destitute of
everything, on their airival to furnish them with what they may
require for their subsistence, until they are settled and can earn
their own liveUhood. Fui'ther you will have to deal with them.
as we have on former occasions directed you to do in regard to
freemen of our nation."
The terms upon which the refugees were offered an asylum by
the Assembly of Seventeen, who represented the East India
Company, were that they should take passage to the Cape single
or with their family, and be obliged to continue there for full five
years ; that they should settle and maintain themselves by cultiva-
tion, tUlage, or handicrafts ; that to those applying themselves to
farming should be given as much ground as they could bring
under cultivation, and in case of requiring it should be furnished
with all implements necessary, and even seed, upon condition that
they should afterwards reimburse the Company for such advances
in com, wine, or other goods.
The records of the colony, still preserved in the public offices
in Cape Town, contain a register of the names of some of the
emigres who left Holland for South Africa at this time. It was
notified by the Chamber of Delft, that by the Langewyk, on the
FRENCH UEFUGEES i)
19tli December, 1687, the foUowing families took their departure —
Charl Marais of Plessis, in France, with Catherine Taboureux,
Ids wife and four children ; Phillipe Fouche, wife and three
■children; Jacques Pinard, Jean Leroux, Gideon Malherbe,
Estienne Bruere, Paul Godefroy, Jean Paste, Marguerite Basche.
By the ship China, in March, 1688, — Jean Mesnard and his
wife, and her mother - in - law Maiie Anthonarde and six
children; Jeanne Maithe Jourdan, widow, 60 years old and her
cliildren ; Pierre Malan, Pierre Goivaud, and Francoise Rousse
liis wife ; Jacques Verdeau, Pierre Grange, Andre Pelanchon, Jean
Fiu'et, Anthoine Scaet, Mathieu Fraichasse. By the sliip
Osterlandt, in Januaiy, 1688, — Jacques de Savoye, his Avife
Maria MagdaJena Le Clercq of Toiirnay and children, and his
mother-in-law, Anthoinette Carnoy, and Nortie and Vyton,
sci-vants ; also Jean Prieur du Plessy of Poictiers, a surgeon by
profession, and Magdalen Menants of Poictiers, his wife ; Izaac
Talifer of Chateau Tirry and Brie, with wife and children ; Sara
Avied, Jean Cloudon, Jean de Buysse, and Jean Paiiser, farmers.
By the Wafer van Alkmald, in July, 1688, forty French refugees
brought up to farming took passage but no list of names is annexed.
In December, 1688, by the ship Sion, which arrived at the
Cape in May, 1689, passage was given from Delft to the following
French refugees, — Pierre de Villiers, Abraham de Villiers, and
Jacob de Vilhers, all three brothers born in the neighbourhood of
La Kochelle, These appear to have been the last body of the
refugees sent. Some of the subsequent despatches make enquiry
respecting the manner in which they were located, but there is no
fui'ther mention of any additional emigration.-- In January, 1689,
* Genealogical records preserved by several of the Colonial families, as well as
baptismal and mari-iage registers in the country districts, shew tUi.t thero
were many other emiyris who settled here either at this or a later period. Thus
we have the Therons, the Hugos, Du Toits, Du Priez, Reliefs, i aure, Joubert, and
such names as Anthony, Arnold, Bagot, Bahe, Ballot, Basbe, Beslebasque,
Bernard, Berthold, Berrangr, tertrand, Biguauit, Bosse, Bottes, Boucher, BovO,
Briers, I^roule, De Bruien, Bryant, Buitsine, Labuscagne, Cauvin, (Jithers,
DeCerir, Cesar-, Clement, Le Clus, La Cock, Collet, Conradie, Courlois, Crole, Crouge,
Crosier, Dalen, Dantie, Drago, Durand, Duvenagie, I'oucher, JTourie, Friei-,
10 HISTOET
the Chamber of Amsterdam wrote that arrangements were being
made for sending between 200 and 300 fugitives from Savoy and
Piedmont, but shortly afterwards it was intimated that these people
dreading the sea and the long voyage, had changed their minds
and resolved to settle down in Germany.
The number of the refugees who arrived was upwards of one
hundred and fifty, men, women and children — the largest and
most valuable body of emigrants introduced during the whole
term of the Dutch Company's occupation. They were placed
partly in the Cape and Stellenbosch districts, but principally
at Drakenstein, as it was considered they could there best
exercise the cultivation of the soil and their special department
of industry, A minister of the reformed religion, the Reverend
Pierre Simond accompanied them, and arrangements were made
for his holding divine service in the French language, on
alternate Sundays at Stellenbosch and at Drakenstein — at the
former place in the church and at the latter in one of the best
situated and most convenient of the freemen's dwellings. The
government of India sent a gift of C,000_ rix-doUars for their
special aid, and the Company's servants and free inhabitants in
Cape Town made a voluntary collection, according to their
means, in money and cattle, which was given to their pastor
to be distributed among the most necessitous. Aided in this
manner they soon prospered and in a few years became a self-
supporting community ; and one of their number, Jacques de
Savoye, whose virtue and industrious zeal served as a miiTor
and example to all, was appointed to the dignity of " Heemraad "
or justice.
It is difi&cult to reahze that at the very period the States of
Crodiei'. Croffray, De Qoudine, Grosse, Le Grange, Haubar, Herriot, Humau,
Do Labat, La Querenne, La Porte, Gardiol, Lategoau, Lange, Leonard, De Leur,
Lezar, Lourens, Lubbe, De Manille, Mellet, Minnie, Morland, Mouncoy, Niiude,
Olivier, Page, Piton, Perry, Higot, Du Plooy, Pouty, Range, Rattray, Robe,
Rochicr, De Roubaix, Rouviere, Sandclens, Serrurier, Le Sueur, Pailjard,
Terblans, Valentin, Victor, VUlet, Visage, Vosges, Voigt.
EEFUGEES' DISSATISFACTION 11
Holland were distinguished for the maintenance of public liberty
and their encouragement of industry, their representatives in the
colony carried out a policy directly the reverse. The local re-
gulations of the Company, which the refugees had on oatJx
promised compliance with, stipulated that no one in the colony
might sell the produce of their labour on their own terms — that
neither could they buy nor dispose of anything except at the
Company's store and at the Company's price. The French were
not long, however, in imbibing the prejudices of the earlier free
burghers in regard to this local rule, and in expressing dissatis-
faction at it, but were equally unsuccessful in obtaining redress —
the local authorities to whom they appealed ascribing their
discontent to " national fickleness of disposition," and adding :
" they have been fed by the hand of God in the wilderness,
and like the children of Israel, under similar circiunstances,
they are already longing for the onion pots of Egyj)t." In their
ecclesiastical affairs, likewise they found they were not altogether
at perfect liberty. The appointment of elders and deacons — the
disposal of the poor fund — the erection or repair of church
buildings, — all things in fact, in the colony at tliat time, were
subject to the sanction and intervention of the government.
"When the French community intimated a desire to have a
separate vestry at Drakenstein, they were sternly admonished to
remember their oath of allegiance, and conform strictly thereto ;
to be careful for the future not to trouble the commander and
council with impertinent requests, and to be satisfied with the
vestry at Stellenbosch. Although grieved at the treatment they
received, they were too weak in number and powerless in
means to offer resistance to the authorities then ; moreover their
temperate and virtuous character may have prompted them to
trust in the over-ruling Providence by which they had hitherto been
led. And subsequently the commander seems to have relented
in his resentment against them, for on the election of elders at
Stellenbosch in 1G90-91, he chose Guilliame du Toit, Claude
12 HISTORY
Marais, Louis de Berant, Louis Cordier, Abraham de Villiers^
Pierre TMej'er, Pierre Beneze, and Pierre Russou for these officers.
Some time after this, the French pastor, Pierre Simond,
returned to Europe, being relieved by another minister, who is
referred to (in a despatch dated September 1701, from the Chamber
of Seventeen, to the Cape Commander) as " one who according
to your proposal and wish understands both Dutch and French —
not for the purpose of preaching in the latter tongue, but merely
to be able to visit, admonish and comfort those old colonists wha
do not know Dutch, so that by this means, French should in
time entirely die out, and nothing but Dutch should be taught
to the young, to read and write." In 1709, the use of French in
addressing the government upon official matters was publicly
forbidden ; and in 1724, the reading of the lessons at the church
service in the French language took place for the last time. The
French astronomer, the Abbe la Caille, who visited the Cape in
1752, in his " Journal " refers to the condition of his fellow-
countrymen, and notices the gradual extinction of the language
amongst their children. He says — " with respect to the refugees,
they have preserved the French language and have taught it to
tlieir children ; but the latter, partly because they trade with the
Dutch and Germans who speak the Dutch language, and have
married or become connected with the Dutch and Germans,
have not taught French to their chUdi-en. There are no longer
any of the old refugees of IG^O to 1690 at the Cape, only their
children remain who speak French, and they are very old. I
did not meet any person under forty years of age who spoke
French, unless he had just arrived from France. I cannot,
however, be sure that this is altogether general; but I have-
heard tliose who speak French say that in twenty years there
would not be any one in Drakcnstein who would know how to
speak it." Le Vaillant, who visited the colony in 1780, states that
he found but one old man who understood French. Before the
close of last century the language had quite ceased to be spoken.
POLITICAL TROUBLES 13
Among those early settlers, there were several who having
some knowledge of personal right and freedom were not likely
to submit to the arbitrary rule of the Company without a struggle ;
and colonial history records the " political troubles," which fol-
lowed their attempts to obtain relief from the inflictions under
which they suffered. In 1699, Simon Van der Stell retired, to
engage in farming pursuits, having previously secured the
succession of liis son Wilham Adrian Van der Stell to the office
of commander. It appears that the influence of these persons in
the country was very great and almost uncontrolled. Then- first
consideration of course was the interest of the Company, on whom
depended their tenure of power. Their next was the care of their
own individual interests, whatever might be the prejudice to the
interests of the people they governed. They accordingly were
able to avail themselves of means which their position placed at
their disposal to take all the domestic trade into their hands —
just as their masters (the Comjjany) had possession of the foreign
commerce. The governor and his father and his brother were the
largest farmers in the colony, and the clergyman of Cape Town
was the next greatest. They had the slaves and property of the
Company at command — they could, and it was alleged they did,
attempt to enrich themselves at the expense alike of the Company
and of the colonists ; and they were tolerably secure from inter-
ference, considering the means of communication that existed at
that time between the Cape and Holland or Batavia.
A memorial signed by sixty-one of the burghers, was secretly
forwarded to Holland. Tliis set forth a number of charges
against the governor, alike for personal persecution and tyranny
and for monopolizing every means of private profit. At that
period, the revenue of "tithes" assessed on all crops raised and
stock pastured, was farmed out; and severe penalties were enacted
to enforce their payment, and to secure the delivery of all produce
•at an arbitrarily fixed rate. Corn-farmers complained that, imder
the regulations enforced, they were compelled to part with their
14 HISTOET
grain for half the price at which it was charged to the Company j
wine farmers that they had to deliver their vintage at ten to twenty
rix-doUars per leagvier, while it was sold to ship captains at
150 rix-doUars; grantees of land, who wanted their title-deeds,
that they could not obtain them unless the sohcitation was accom-
panied with the necessary douceur, " for the governor listened
readily to reasons that jingle ; " and altogether the state of things
was ruinous to tlie material as well as the moral well-being of the
people. Under such a system, it was said, even the Garden of
Eden could not have been successfully colonized.
"VVTien WUliam Adriaan Van der Stall discovered that a
memorial, setting forth these complaints, had left the Colony, he
at once took proceedings against all who were known to have
signed it, or whom he supposed disaffected. Among them were
several of the refugees. Jacques de Savoye, the " Oude Heemraad,"
was apprehended and locked up in a cell, described as unfit for a
human being ; and his son-iulaw named Meyer, a native of
Dauphiny, was some days after introduced into the same place.
Some secreted themselves in the inland parts of the country,
until the storm flew over. Among them were Guilham and Frangois
du Toit, Hercules du Pre, Cornells Van Niekerk, Jacobus Van
Brakel, Willem Van Zyl, and Jan and Carl Elbertz. Others
were seized, banished to Robben Island, Mauritius, Batavia, or
ordered to Holland in the return ships.
Three of the burghers thus expelled, Messrs. Van der By],
Thessing, and Van der Heiden, were instrumental in obtaining,
in Holland, attention to the case of the colonists ; and a
despatch was sent out to the Cape in 1707, ordering the recall
of young Van der Stell and the principal officers of the govern-
ment, and disallowing the sentences of imprisonment and banish-
ment against the inhabitants. This, the despatch sets forth, was
done "for the restoration of tranquillity;" but no change whatever
was made in the policy of the Company, which was avowed to
be the enrichment of itself and net of its colonists.
' TEEKKINQ 15
Many of the inhabitants unable to endure the impolitic system
of monopoly and restriction which continued to prevail, moved
away beyond the reach of the authorities into the Interior, where
in imitation of the native mode of life, they obtained a subsistence
from killing game and depasturing cattle. Thus began that nomad
habit of "trekking" (moving away from one place to another),
which in a later period of history notably contributed to the
advancement of civilization and European dominion, and is
continued along the border settlements at the present day.
The dispersion of the European population, however, was in
many ways detrimental to them and their descendants. Beyond
the mountains they spread over the inland plains and wild karoos,
herding cattle or sheep, sometimes attended and assisted by the
natives. Dwelling in pathless solitudes and living at great distances
from each other, their's was necessarily a miserable unprogressive
mode of existence. All industry and energy was cramped by the
hazard, if not impossibility of their reaching a market for any pro-
duce they might raise. Consequently, pastoral pursuits alone were
open to them ; and no sooner did they find any difficulty in
carrying on these at one place, than they enlarged their range and
moved further into the Interior.
Happily the pioneers were remarkable for their religious
character and attention to the simple teaching of the Bible
and the observances of the Dutch Reformed Church. In the
absence of any regular government, these served to maintain good
order and morality amongst them. But the condition of the rising
generation was by no means satisfactory. Growing up in com-
parative ignorance, or with little or no education beyond the
elementary truths conveyed to them by their parents, their moral
condition was scarcely higher than the Hottentots or slaves who
were their household companions. Governor General Imhoff
who made a short journey into the interior in 1743, reported the
state in which he found them to be most lamentable, and he was
apprehensive that they might, if further neglected, relapse into
16 HI8T0ET
barbarism. As a remedy a magistracy was, in 1745, established
at Swellendam, and a minister appointed to look after the welfare
of the people, who by this time liad extended several hundred
miles to the north and east. In 178G, again, the burghers having
spread still further, Graaff Eeinet was estabhshed as another
magistracy, and in 178H the Great Fish River was proclaimed as
the extreme boundary of the colony.
The government had pre\dous to this found it necessary to
regulate the system of " squatting," which resulted from the
advance of its colonists. They issued what were termed " loan
leases " to all who applied for them, at a small annual rent
(twenty-four rix dollars.) Their knowledge of the territorial
limits of the lands so leased was quite indefinite ; for all they
knew or appeared to care, thej'^ might reach even to Timbuctoo.
"What they were more concerned about was, that there should be
no trade or barter, however trifling the amount might be, between
the colonists and the natives. A beaten wagon-road was found
leading out of the district of Swellendam to the haunts of the
Kafirs, and there was a suspicion that ilUcit traffic was cai-ried on
in that dhection. Proclamations were therefore issued from the
Cape Town Castle forbidding anyone to quit his loan-farm on any
pretext wliatever, or to proceed into the Interior "on pain of corporal
or capital punisliment, aye even to the death, and the confiscation
of all property." Notwithstanding this, tlie "Boers" or border
farmers moved about from place to place as their fancies led them ;
and ' ' togt-gangers " or traders contrived to barter goods with the
natives around or beyond them.
The European colonists, as they advanced, gradually displaced
or absorbed the remnants of the weak and scattered Hottentot
tribes — the Khoi Klioin, as they termed themselves— many of
whom voluntarily accepted servitude, in return for tlie food and
protection assured them. But the pioneers encountered savages of
a less tractable character, when they came in contact with the
Bushmen to the northward, and tlie Kafirs to the eastward. The
COMMANDO SYSTEM 17
Bushmen occupying the hills of the Roggeveld, the Nieuwveld,
and the Sneeuwbergen were frequently annoying them, murdering
their herds, carrying off their cattle, and sometimes attacking
their homesteads, and setting fire to their dwellings. The Kafirs
also continually levied " black mail" on the residents about
Bruintjes Hoogte, Sunday's River, the Bushman's Eiver, and
the Zuurveld.
The situation of those farmers along the frontier was conse-
quently one of difficulty and danger. Like the backwoodsmen of
America, they had to be on the watch against hostile attack. Even
their wives and children had to assist in the defence of their
homes and property ; and there are several instances on record of
astonishing female fortitude and bravery. Their isolated position
ofi'ered the strongest temptation to the savage aborigines to
commit atrocities upon them, which again in turn led to retribution
or reprisals by the farmers themselves, until the worst of their
enemies were exterminated, or driven into the deserts and moun-
tain fastnesses.
The colonial system of " commandoes" grew out of the mode of
frontier defence which then prevailed. The "veld-cornets," chosen
from amongst the most respectable of the inhabitants, in places
beyond the immediate supervision of the Landdrost or magistrate,
were vested with the power, in cases of sudden irruptions or
depredations, to collect a force, repel the attack and pursue the
plunderers, with the view of taking them prisoners and dehvering
them into the hands of justice, as well as recovering the property
carried oflF. By this system a most delicate duty was entrusted to
a class of people who could not be expected always to discharge it
temperately ; and, it is needless to say, that with the hereditary
hatred and prejudices of the parties, as well as the wrongs
mutually done, acts of the most sanguinary and revengeful
character were inseparable from their contentions.
The absence of any power of control by the Government over
those armed bodies, and the border population generally, soon
18 HISTOEX
produced a state of anarcliy. There was at the time no inilitary
force available for the Company's service, outside of Cape Town,
for in 1782, war had broken out between Holland and England,
and troops could not be spared for the Cape. Even Bupplies
of specie from the fatherland were stopped, and a colonial paper-
currency was obUged to be issued, to be redeemed afterwards, but
which very speedily fell in value. All this contributed to cause
great dissatisfaction in the colony, which, in 1795, found vent in
openly- expressed discontent. Some of the turbiilent burghers of
Graaff Reiuet and Swellendam went the length of dispossessing
the Company's landdrosts or magistrates of their offices, "declining
to render obedience to any more orders of the honourable Com-
pany, much less to pay any recognitian money (quit-rent) or other
taxes, for the reason that the country had been defended for 26 or
28 years, solely at burgher cost, and they could not imagine it just,
that they should render tribute for the occupation of lands they
had themselves to protect from the enemy."
The general body of the inhabitants, however, urged the
government in a more legitimate manner, by memorials and
deputations, for a reform of the evils which were at the root of the
Company's unpopularity. They demanded the right to sell their
produce to whoever they chose — " that all that commerce intBO-
duces into the country shall be freely landed, and all that the
country produces shall be freely exported ; it being an established
rule that the farmer cannot maintain himself without a sufficient
vent for whatever his labour may produce from the land; and a
colony like this, composed of farmers alone, can have no durable
means of supporting itseK without a steady demand for produce
proportioned to its quantity; nor without facilitating internal
communication as much as possible, as the difficulties of transport
must otherwise neufe-alise all the efforts of the farmers by dimin-
ishing their profits."
At the very juncture when the disagreement between the people
and the government threatened to disturb the peace and tranquihty
AHEIVAL OF ENGLISH FLEET 1.9
of the countrj, an unexpected solution of this internal difficulty
was brought about by the course of political events in Europe.
The United Provinces of Holland had been compelled to yield to
the army of tlie French revolutionists, and the Stadtholder (the
Prince of Orange) found a refuge in England. There an alliance
was made against the common enemy, the French, — and the Cape
of Good Hope being an important point, an English fleet was
despatched to induce the colony to place itself under Great
Britain until peace was restored.
Admiral Elphinstone and General Craig were the officers in
charge of the fleet and troops, who arrived at the Cape in June, 1795.
They also brought a letter from the Prince of Orange to the Cape
government, stating that they were sent out to protect the colony
against the French, and directing that the troops and ships should
be received and considered as in amity and alliance with Holland.
The officer in charge of the government. Commissary Sluysken,
with his councillors, the "Raad Politique," seem to have looked
with suspicion upon this order from a prince in exile ; and as
they had no instructions from their own Chamber of SeventeeH,
they rejected the proposal to permit the troops on board the
fleet, which had anchored at Simon's Bay, to land, and peremp-
torily refused to place the settlement under the protection of
Great Britain. The Dutch forces, artillery and infantry, did not
number much more than 1000 ; but they were supported by the
burghers and the native militia, who were called out for service, —
altogether about 3000. These troops endeavoured to oppose the
landing of the Enghsh, and took up a position at the post of
Muizenberg (near Kalk Bay), where the remains of the old battery
and encampment are still to be seen. After some active opera-
tions, in wliich several of the officers and members of the colonial
force distinguished themselves, — especially a Captain Cloete, who
commanded a Hottentot corps, and a Mr. Duplessis, who headed
a party of burghers, and attracted the English general's notice by
his courage, — a cessation of arms for forty-eight hours was called
20 HISTOET
for and granted, to consider proposals for entering Cape Town.
Terms of capitulation were then agreed to, by which the English
were admitted into the forts and castle, and the governor and
officers of the Dutch East India Company were permitted to leave
the Cape ^vith their personal property on the 12th November, 1795.
Thus closed the regime of the great commercial association
Avhich for nearly a century and a half controlled the affairs of the
Cape of Good Hope. A dozen private gentlemen at home, in a
back parlour, around a green table, had ruled an empire abroad,
commanding their ships of war, their fortresses, and troops ; but
although professing to promote the national advantage, they
merely tolerated colonization just so far as they could find an
immediate benefit from it to their eastern trade ; and while them-
selves glorying in the privileges of repubhcan citizenship, they
only permitted "as a matter of grace" any man to have a resi-
dence in the land of which they had taken possession in the name
of tlie sovereign power.
" Some national feeling in favour of the Fatherland may have
lingered," says the late Judge Watermeyer ; " but substantially
every man in the colony, of every hue, was benefited when the
incubus of the Dutch East India Company was removed."
II.
Temporary occwpation and final possessiorz ty
Grea,t Britain.
1795 to 1820.
The Colony temporarily occupied by England — Restored to the Dutch by
Peace of Amiens — Improved Administration under Governor
Janssens and Commissary-General De Mist — Eenewal of War
in Europe — Re-capture of the Cape by English forces — Capitu-
lation and close of the Dutch Batavian Government — Condition
of the Country — Expulsion of Kafirs beyond the T'ish River —
Colonel Graham's Campaign — Massacre of Landdrost Stocken-
strom— The " Slaghtor's Nek" Rebellion — The Settlement of
Albany — Arrival of British Emigrants.
" Even as travellers unexpectedly encountering unknown strangers
stand in doubt, each gazing at the other, anxious to know what
they have to hope or fear, so for the first days after the capitu-
lation appeared the intercourse and communication between the
colonists and the English." There were some who were much
out of humour and dissatisfied with the state of affairs ; but the
inhabitants generally accepted the change of government with
apparent good will, and several of the former functionaries,
adapting themselves to the altered circumstances of the times,
became attached to the British authority.
General Craig, who assumed the reins of government, assured
the colonists of his desire to promote the peace and prosperity
of the country ; that all monopoly should cease, and inland trade
2"?
HISTOBT
be free ; tliat no new taxes would be imposed, and oppressive ones
abandoned ; that the paper money wonld retain its value, and the
government would pay in specie ; and that in case of misunder-
standing, explanations should be given to any one who came into
Cape Town.
In the remote country districts public disturbances still con-
tinued. Many of the burghers of Graaff Reinet refused to take
the oath of allegiance to the new government, and shewed as
little respect for the magistrates appointed to exercise authority
over them, as for the "aristocrats" of the old Company, whom
they had previously sent about their business. A detachment
of British soldiers was then, for the first time, sent into the
country, and their presence served to subdue the refractory, and
secure obedience. Mr., afterwards Sir John Barrow, accompanied
the magistrate, Mr. Bresler, to instal him in his resumed oflBce,
at Graaff Reinet, and the journey gave occasion for the publication
of his well-known work, which brought the condition of South
Africa to the notice of the literary world of Europe.
The restoration of order along the border was not so easy of
accomplishment. The Kafirs, and some of the Hottentots,
aflfected by the prevailing spirit of rebellion and anarchy, became
lawless and daring, attacking the colonists, and spreading terror
even as far southward as Outeniqualand, the present district of
George. A military party under Major Francis Sherlock, and a
commando of farmers under the Commandant Tjart Van der Walt,
combined to suppress these plundering bands. Unfortunately,
the brave Van der Walt, who inspired confidence into his own
people and terror into his opponents, was struck down by a musket
ball, when penetrating through the woods near the Garatoos River.
Deprived of his services, the commando broke up, ^\dthout finally
accomplishing the object of the expedition ; and as intelligence
was then received of a preliminary negotiation for restoring the
colony to Holland, and hostilities could not be continued, an
inglorious peace was concluded with the Kafirs and Hottentots,
HESTOEED TO THE DUTCH 23
which gave each side possession of the cattle and booty they had
captured.
The English government at this time only held the Cape
temporarily as a possession by conquest. Their chief reason for
doing so was its importance as a military station for themselves,
and as the key to their Indian possessions, which they were
resolved to defend at all hazards from attacks by the French.
A large armed force was therefore maintained, defensive works
were constructed, and there was a most profuse expenditure of
money. In the seven years of their occupancy, it was estimated
that more than a million sterling of English money was spent in
the Colony, whose exports at that time did not exceed ^£15,000
per annum, and whose European population of all ages and sexes
was not above 25,000 in number.
The peace of Europe, which was secured by the Treaty of
Amiens in 1802, brought the Colony back to its relationship with
Holland. One of the stipulations of that short-lived treaty was
" the Restoration of the Cape of Good Hope to the sovereignty of
the Bata^-ian republic ;" and in 180-3 the country was evacuated
by the English. Mr. De Mist, a member of the Council for the
Asiatic Possessions (by which department the former business of
the Dutch East India Company was administered), was appointed
as Commissary-General fcr the RepubUc, to receive the colony
from the English authorities. He had also to instal the new
Governor, General Janssens, into office. Upon the arrival of
these two functionaries, the first announcement they made to the
inhabitants was, that the settlement would be no longer dependent
upon any commercial body whatever ; that the new constitution
abolished all particular privileges of this nature, and the people
would in futiu'e know no other government than that which the
Batavians had appointed over themselves.
The new regime inaugurated by them furnished a great contrast
to the misrule of tlie East India Company. Governor Janssens,
and Mr. De Mist afterwards, severally made a journey through
24 HISTOET
the colony, visited tlic frontier settlers, and the Kafir and Hottentot
chiefs ; and endeavoured to remedy the evils which had excited
commotions amongst them. Dr. Henry Lichtenstein, who accom-
panied these officials, thus obtained the materials for the very
excellent description of the colony and colonists of the past gener-
ation given in his volumes of travel. The Commissary-General
(De Mist) was chiefly occupied with the organization of the civil
government ; and his liberal and benevolent views are set forth in
the various measures then prepared by him for the better admi-
nistration of public affairs. He divided the countrj- into fiv«
districts or "drostdies" — Stellenbosch, SweUendam, Graaff Reinet,
Uitenhage and Tulbagh. Each of them was under the supervision
of a landdi'ost or magistrate, who was assisted by domiciUated
burghers, termed heemraden ; these together constituted a board
or council to deUberate and decide upon the concerns of the
district. The instructions issued to the landdrosts gave a most
detailed account of their duties. Acting upon the principle that
" the colony must derive its importance from the quantity and
quality of its produce," they were enjoined to use every effort to
promote its material progress. They were to pay particular
attention to the improvement of the different breeds of cattle ; to
encom-age the formation of artificial pastures, and of cattle stalls
for the winter ; and especially of the exchange of tlie native Cape
sheep for those bearing wool, — which (it was wisely prophesied)
would be an inexhaustible soui'ce of prosperity. They were also
to make themselves well acquainted with every particular tract of
laud in their district, so as to know for what desci'iption of stock
each place was best calculated, or what sort of cultivation and
what produce would best answer upon it. Independent of the
cultivation of grain, they were to encourage the inhabitants to
raise all articles of food calculated to save the consumption of
graiu and such others as might become articles of export, especi-
ally the culture of the vine. The planting of timber and the
preservation of the forests was likewise enjoined upon them.
IMPEOTED ADMINISTRA.TION 25
Further, to promote the welfare and prosperity of their districts,
they Avere to pay attention to the education of children, and
facilitate the means of it to every family ; and to encourage the
youth to industry, by treating the industrious and laborious farmer
with due distinction, — representing to them agricultural pursuits as
being particularly honorable to the individual and highly beneficial
to the colony. The civiHzation of the aborigines of the Hottentot
race was to constitute one of the objects of their care ; they were
to be considered and treated as a free people, having a legal right
of residence, and therefore to be protected in their persons,
property, and possessions. The different tribes on the frontier
were also directed to be so dealt with that they could not have
any just cause for aggression against the inhabitants ; and in order
to prevent as much as possible all cause of dispute with them, no
colonist was to go across the border without a written special per-
mission from the governor, under pain of prosecution according to
law. As long as the use of slaves in the colony was not abandoned,
the landdrosts were dii-ected to consider it amongst their most
saci'ed duties to watch for the protection of these unfortunate
beings, and by their authority and example to accustom the inhabi-
tants to consider and treat them as fellow creatures, and not suffer
any cruelty to be practised upon them. In addition to these
genei'al instructions, laws were made relating to church matters,
schools, a militia force, district courts, and the appointment of
field-cornets to execute limited magisterial functions in sub-
divisions of districts, — some of which are still part of the code of
the colony.
But the inauguration of these laws, and the future development
of the country was destined to be earned out by other hands. The
peace of Amiens proved to be of short duration. War was again
declared in Europe. Hostilities were resumed betweeen England
and France, and the importance of the Cape as a naval and military
position being fully recognised by the British government, it was
determined to send out a fleet and armed force for its re-capture.
26 HISTOBT
This expedition, under General Sir David Baird, reached the
Cape of Good Hope, on the 5th January, 1806, and took up a
position in the channel between Robben Island and Blueberg, on
the northern side of Table Bay, facing Cape Town. The troops
effected a landing on the shore, although the sea was breaking
with great violence, and one boat with about 40 men of the 9-Srd
Higlanders was overset, and every soul lost. The army consist-
ing of the 24th, 59th, 7 1st, 72nd, 83rd, and 0;U-d regiments, about
four thousand strong, moved oft* in the direction of Cape Town;
but on ascending the spur of the Blueberg hill, they found
themselves opposed by the Batavian and Colonial forces under
General Janssens, consisting of about three thousand men, drawn
up in battle array. An engagement ensued, the invading force
advancing under a heavy fire of round shot, grape and musketry ;
but when they charged, they bore down all opposition, forcing the
Batavian troops to a precipitate retreat ; the auxiliary regiments,
known as the Waldeker's, being the first to give way, and hurriedly
taking fhght to Cape Town. The British were not in the best con-
dition to follow them up, as the nature of the country — deep heavy
sand covered with sbrubs, and the total privation of water and the
effects of a burning sun, had nearly exhausted them. The next
day, however, they advanced, and got possession of the capital.
General Janssens, who in the engagement had discharged
his duty as a brave man at the head of a feeble array,
retired with the remainder of his force along the Eerste River
valley, to Hottentot's Holland, and Sir Lowry's Pass, where it
was supposed he designed to establish himself in such a manner
as would cut off the communication of Cape Town with the
interior. General Baird treated Janssens with the generosity and
distinction due to an intrepid soldier, and forwarded a letter to
him urging liim in the presence of the magnitude of the British
forces, which left no question as to the issue of any further resist-
ance, to surrender at once in order to promote the general
tranquility. After a truce, and some preliminary overtures,
CONDITION" OF THE COFNTEY 27
honourable and advantageous terms of capitulation were agreed
to — one of the conditions being that the Batavian troops should be
embarked and sent straight to Holland, at the expense of the
British government ; and another, that the burghers and inhabit-
ants should preserve all the rights and privileges hitherto enjoyed
by them, and that public worship as then in use should also be
maintained without alteration. These articles of capitulation,
formally agreed to at the foot of Sir Lowry's Pass, were afterwards
ratified and confirmed in the Castle of Good Hope, on the 19th
January, 1806. This act finally closed the administration of the
Dutch government in South Africa.*
The condition of the Cape, for the first few years after its
transference to the British authority, was one of comparative
tranquility and plenty. A large military force, entaUing a liberal
military expenditure, stimulated agriculture and commerce. The
mild and conciliatory measures adopted by Sir David Baird and
his successors, the Earl of Caledon, and Sir John Cradock,
(afterwards Lord Howden) and their princely hospitality, and
personally cordial and frank intercourse with all classes of society,
cemented and kept up a very friendly union between the governors
and the governed. In and about Cape Town especially, a state
of general prosperity and social happiness was enjoyed, such as
had not been felt in the colony before. But, beyond the mountain
range wliich bounded the horizon, the country did not participate
in these advantages in any marked degree. It is true, Graaflf
Reinet, the former scene of rebellion and anarchy, was now
restored to order ; the firm administration of the new landdrost,
* The Cape of Good Hope for some years after this, continued to be regarded by
the British government as merely a temporary possession by conquest; but the
achievements of the allied forces in Europe having secured a permanent peace, in
1814, a convention was then agreed to between the Prince, Sovereign of the
restored and United Netherlands, and His Majesty the King of Great Britain, by
which, in consideration of certain charges provided by the latter for the defence
of the Low Countries, and their settlement in union with Holland, the colony of
the Cape of Good Hope, together with Demarara, Essequibo, and Berbice, was
ceded in perpetuity to the British crown. The colony thus definitively became
a sharer in the importance of otir mother-country, and in the benefits of her
commercial power.
28 niSTOBY
Mr. Stockensti'om, had contributed to that. Postal communicatioii,
too. was established, — from the capital to the country once a
week, and from the farthest stage to the capital, fortnightly. The
tenure of land was placed upon a firm basis, by which occupiers
of property were enabled to hold the same hereditarily, and do
■with it as they thought proper. Courts of Justice extended their
functions to the inland districts, assuring equal protection to all
classes. But education and the comforts of civilization were sadly
lacking amongst the rural population. Although surrounded by
plenty, theu* social condition seems to have been by no means
enviable. Theii- hfe was much the same as Sir John Barrow
described it a few years before: "Each succeeding day was a
repetition of the past, whose sameness was varied only by the
accidental call of a traveller, the less welcome visits of Bushmen,
or the terror of being put to death by theh* own slaves, or
Hottentots in their employ."
When, in 1811, a "commission of circuit" was appointed for the
first time to administer justice in those remote pai'ts, the President,
Mr. Ryneveld, specially brought to the notice of the government
the miserable state of instruction and civilization which they met
with everywhere. They passed through districts mostly inhabited
by rich colonists, owners of places and considerable numbers of
catQe, in whose houses were families of twelve or more children
the eldest of whom were not able even to read or write their
names. At the seats of the landdrosts or magistrates, where there
were churches and instructors, there were also schools, but only
the villagers or those in the neighbourhood were able to avail
themselves of these. Thus there were 3,400 cliildren belonging
to the district of Graaff Reinet, of which at the most not more
than 100 had an opportunity of instruction ; while the parents of
at least 2,000 of those children were well able to afford the
necessary expense of their education. In the distiists where there
was no church, fixed magistracy or village, the j'oung people had
little intercourse or communicatiun with one another, and therefore
EXPULSION OF KAFIES. 29
uo development of each, other's ideas. And the young generation
which swarmed in many of the houses had no other prospect in life
than engaging in the breeding of cattle, and obtaining lands for
that purpose. Nothing else was heard of, than of forcing in
between other places, in order to obtain new grazing ground and
good pasturage — and consequently there was a common inclination
to settle themselves even beyond the limits of the colony. When
an open country of boundless extent lay before them to the north-
ward tliey were not hkely to be confined bj^ the imaginary zig-zag
lines which were proclaimed as the boundary.
It was different however on the eastern frontier. There the
Fish River from its som'ce to the sea, had ever since 1778 been
fixed as the barrier between the colonists and the Kafirs. The tribes
who were settled to the westward of the line, in what was called
the Zuurveld, were considered intruders ; and their expulsion
appeared to have been regarded as necessary by the Batavian as
well as the English authorities. Had prudent measures been then
adopted, the allegiance of these men might have been secured, and
0. series of destructive wars which followed averted. But the
policy which obtained favour was one prescribed by Colonel
Colhns, who in 1809 made a tour along the border as special
commissioner for the settlement of affairs. His recommendations
were to oblige all the Kafirs to withdraw to their own country; to
oppose insui-mountable obstacles to their return to the colony ;
and to remove every inducement to their continuance near the
boundary. In accordance with this plan, the necessary steps were
taken to drive out those people — many of whom were in the
service of the colonists — the men as herdsmen, and the women in
domestic occupations. They were ordered to be discharged the
same year. The execution of this order occasioned some
heart-rending scenes. One farmer told his Kafir servant, who
had been with him for several years " I have an instruction
from the field-cornet to send you to your own country." " My own
country ! This is my own country, Master, I have been 14 years
30 HISTOET
in 5'our service ; you are my father ; your wife is my motlier ; I
have never been in Kafirland except to bring back your cattle.
I will have no other country." The order was repeated by the
field-cornet himself, but without effect. " No, do not drive me
among the Kafirs ! you may shoot me on this spot. I will not
leave it." For some time, in defiance of the cruel regulation which
subjected him to death, the Kafir returned to his master every
night to beg a little food ; but finding no chance of any relaxation
of his sentence, he obeyed the order given him, to return to his
former country and never cross the Fish Kiver again.
The measures adopted to induce all the Kaffirs to retrace their
steps peaceably were only partially successful. The occupants of
kraals as far as the Sunday's River were compelled to retire.
But beyond that they would not go ; and complaints continued to
reach the government of outrages of the most atrocious kind com-
mitted by them. It was then resolved to clear the whole of the
tract known as the Zuurveld, and an armed force, composed partly
of troops and partly of burghers, under the command of Colonel
Graham, was sent against them. The order was to " clear the terri-
tory," but not to capture any cattle or remove a single article in or
near to any of the kraals. And this order the Colonel commanding
adhered to. In an early part of the campaign, while a
considerable body of Kafirs were seen crossing from one part of
the jungle to the other, an artillery officer suggested that as the
Kafirs were completely exposed, a good opportunitj' was off'ered
for discharging amongst tliem the field pieces which were ready
primed and loaded. Colonel Graham replied " Fire not a single
shot, until every amicable means be tried," and the Colonel con-
tinued his endeavours to carry out his object by forbearance and
conciliation.
The right division of the force was under the command of
Colonel Graham himself, the centre division was under Major
Cuyler, and the left division under Mr. Stockenstrom, the land-
drost of Graafl" Reinet, as chief commandant of the burghers.
MASSACEE OF LAKDDEOST STOCKENSTEOM. 31
Tlie Kafirs were evidently under the control of the chiefs Slambie
and Congo; and when Major Cuyler reached the vicinity of
Congo's kraal, he found all their followers drawn up in battle
array, and ornamented with crane feathers, the emblem of war.
The Major rode towards them with twenty-five men, to try and
persuade them to retire beyond the Fish River. Old Slambie
then came forward, and in apparent great agitation, called out,
" Here is no honey, I will eat honey, and to procure it shall cross
tlie rivers Sunday, Congo, and Zwartkop." " This country," said
he, stamping his foot violently on the ground, " is mine ; I won it
in war, and will maintain it." Having finished this pithy, laconic
oration, he with one hand shook his spear, and with the other
applied a horn to his mouth, and on blowing it, two or three
hundred of Ms followers rushed towards Major Cuyler, who, with
an interpreter only, was 150 yards in front of his party, upon
whom, however, he at once retreated, at the same time ordering
them to fire. The Kafirs then sought cover in a dense wood, into
which they had driven a number of cattle for their subsistence.
After this, orders were sent to Mr. Stockenstrom, who was on
the north side of the Zuurberg, to join the right division on the
south side ; and on the 29th December, he left his quarters, ac-
companied by twenty-four men, chiefly burgher commandants.
When more than half-way across, on the top of the Zuurberg
mountain, at a spot known as Dooru Nek, where there was open
smooth ground, a number of Kafirs met the party, and Mr.
Stockenstrom, placing a fatal confidence in their friendly pro-
fessions, dismounted and entered into conversation with them.
For nearly half an hour the venerable magistrate smoked his pipe
with them, and j)assed the tobacco-bag round amongst them, while
the subject of the expulsion was discussed. He did all he could
to persuade them to leave, and assured them that not a shot should
be fired if they went across the Fish River quietly. The Kafirs
lu'ged that they had bought the land, and had paid a number of
cattle to some Dutch commissioners for it, and that it was not
32 HISTOEY
right of the government to expel them. "Wliile the "palaver" was
proceeding, some other Kafirs arrived, who reported that blood
had been shed. The character of the meeting at once changed.
The Kafirs, now upwards of 100 in number, rushed upon Mr.
Stockenstrom and those who were next to Jiim, as they were
mounting their horses, and instantly murdered the old gentleman,
eight of the farmers who were with liim, and a Hottentot. The
rest of the party managed to effect their escape. When tidings
of the massacre reached the camp, where Mr. Stockenstrom's son
was on duty as an ensign in the Cape Corps, he immediately set
off with eighteen men, came suddenly uj)on a large body of the
murderers, killed sixteen, retook eight horses, and pursued the
other Kafirs into the impenetrable woods. At Dooru Nek the
mangled remains of the murdered men were found, and interred
in one grave. No memorial marks the spot where these worthy
colonists were laid, although it is on the main line of communica-
tion from Port Elizabeth to Somerset and Cradock, and the locality
presents one of the most remarkable picturesque landscapes in
Southern Africa.
The Kafirs having taken shelter in the woods, and seeming
obstinately-determined to remain there, Colonel Graliam divided
liis force into companies, and ordered them to enter the bush and
remain there while one of the enemy was to be found. This
proved eflectuiil. The Kafirs had never been attacked on foot or
in a wood before, and in the jungle their assegai proved a
miserable weapon, as room is required to throw it with efi"ect.
They therefore soon fled from their favourite and hitherto undis-
ttirbed retreats, and retired across the Fish River. The services
rendered by tlie burgher force diu'ing the campaign were highly
spoken of. "I never in my life," said Colonel Graham, "saw more
orderly, willing, and obedient men than the Boers ; wherever they
have been engaged, they have behaved with much spu-it, and were
always most ready and willing to go upon any enterprise."
A cordon of troops guarded the exposed parts of the frontier
THE " SLAGHTEB's NEK " EEBELLION. 33
boundary until the Kafirs liad finally settled themselves in their
own country ; and for some time afterwards the line of the Fish
River was strongly defended by forts ten or twelve miles apart,
with double forts in the rear ; the present site of Graham's Town
being the head-quarters, and the Boschberg (now Somerset East)
a government farm or magazine for the supply of the troops.
The border continued tranquil for two or three years, until
disturbed by an attempted outbreak of some of the farmers —
the so-called " rebellion of Slaghtefs Nek." This affair arose
out of the passionate and revengeful feelings of a few individuals.
A Hottentot had complained of ill-treatment by his master, a
boer named Bezuidenhout, residing in Baviaan's river. The
field-cornet was directed to enquire into the case and see that
justice was done ; but his interference was resented, and the
authorities were defiantly tlu*eatened by the master. A military
escort then accompanied the civil officer sent for liis arrest; he
fired upon them and in return was shot at and kUled. The
occurrence created considerable sensation. At the burial of the
deceased, liis brother in a state of great excitement, called upon
all around him to avenge his death, and from that day he and
his family connections seem to have set themselves to mature
and carry out plans of retaliation upon the ci\al and mihtarj'
authorities. They sought to call in the aid of the Kafirs to
extirpate the "tyrants," promising them the Zuurveld and the
cattle of those colonists who would not join them against tiie
government. Captain Andrews, the officer in command of the
nearest mihtary post, obtained information of the movement, and
at once arrested one of the most influential of those concerned
in it, named Hendrick Prinsloo. This led to an immediate
assemblage of an insurgent band demanding Prinsloo's release.
Many were intimidated into joining them by a story being
circulated that those who did not assist would be given over
to the plunder of the Kafirs. But the chief Gaika, who had
been appealed to, could not be induced to move ; he gave them
34 HISTOEY
clearly to understand that he would not embroil himself in their
quarrels. Meanwhile, martial law was proclaimed, and the
mihtary were strengthened by the arrival of reinforcements and
of many loyal burghers under their field-commandants. In face
of the force thus arrayed against them, the rebel leaders fled
away ; whUe numbers of their followers came forward and laid
down their arms, begging for mercy as they had been misled and
deceived. Some were pardoned, but thirty-nine out of the party
were taken as prisoners to Uitenhage on a charge of high treason
and waging war against the Crown. Five of them were tried
by their fellow-countrymen, found guilty and sentenced to be
executed ; others were transported and banished ; and the
remainder ordered to witness the execution of their comrades
and then to be released. This was the first instance of any
colonists suffering death for crimes deemed capital in Europe.
The friends of the condemned men hoped to the last that the
utmost severity of the law would not be enforced ; and the
abhon-ent circumstances connected with the execution created
an excitement and an ill-feeling which rankled in the minds of
the old border colonists for many years after.
Great expectations were formed of the benefits the colony
would derive from the re-occupation of the Zuurveld territory.
The port of Algoa Bay offered facilities for trade with any
settlement which might be formed ; a military force was stationed
along the Fish Paver ; the payment of the troops and their sup-
pUes were made on the spot, and there was thus encouragement
for the concentration of an industrious population. But Sir John
Cradock refused to allow of the re-occupation of any of the farms
which had been abandoned in former years ; he kept the tract
between the Bushman's River and the Great Fish River, from
west to east, " neutral ground," and forbade any intercourse
between the colonists and the Kafirs, on any pretext whatever.
This territorial vacuum, however, was not long maintained, —
colonists and natives alike abhorred it.
THE BKITISn SETTLERS 35
Lord Charles Somerset, who succeeded Sir John Cradock,
visited the country himself in 1817. He had a conference with
the Kafir chief, Gaika, whom he recognised as the supreme chief
of Kafirland, and who pledged liimself to restrain the natives
from molesting the colonists, and to procure retribution for
any depredations committed. Lord Charles, during this visit, was
so favourably impressed with the appearance of the Zuurveld —
which he described as "unrivalled in the world for its beauty and
fertility," — that he at once issued a proclamation, inviting the
inhabitants of the colony to form settlements there and along
the borders of the Fish River. With the view of inducing the
people to do so, he authorized the landdrost to assign the waste
lands eastward of the Bushman's River, to any persons wishing to
hold it, free of rent for ten years, the land to be surveyed at the
public expense and title thereto issued on perpetual quit-rent —
the property, however, to revert to government in case the party
ceased to occupy the same.
To look for sufficient people within the colony to settle in this
territory was useless ; and the introduction of EngUsh emigrants
was recommended to the home authorities. The suggestion was
made at a most favourable time — shortly after the close of the war
with Napoleon the First, when trade was oppressed and emigration
was looked to as an outlet for the relief of the unemployed. The
British Parliament voted a sum of .£50,000 towards colonizing
the country, and in a short time no less than 90,000 applications
for passages were sent in, although only 4,000 persons could be
accepted. Most of them were landed in Algoa Bay in 1820, and
in due course soon afterwards reached their destination.
The son of one of these " Pilgrim Fathers " (the Rev. Mr.
Dugmore) has preserved to us his recollections of their arrival
and the spots where they were located.
" Bailies' party," he says, "made their way to the mouth of the
Fish River. The Duke of Newcastle's proteges from Nottingham
took possession of the beautiful vale of Clumber, naming it in
36 HISTOEY
honour of their noble patron. Wilson's party settled between
the plains of Waaiplaats and the Kowie Bush, right across the
path of tlie elephants, some of which they tried to shoot with
fowling-pieces. Sefton's party, after an unceremonious ousting
from their first location at Reed Fountain, founded the village of
Salem, the religious importance of wliich to the early progress of
the settlement is not to be estimated by its present size and
population. These four were the 'large' parties. The smaller
ones filled up the intervening spaces between them. Behind
the thicket-clad sand hills of the Kowie and Green Fountain,
and extending over the low plains beyond Bathiu'st, were the
locations of Cock's, Thomhill's, Osier's, Smith's and Richardson's
parties. Skirting the wooded kloofs from Bathurst towards tlie
banks of the Kleinemonden, were ranged the parties of James
and Hyman. It was the latter who gravely announced to
Captain Trapps, the Bathurst magistrate, the discover}' of 'pre-
cious stones ' on his location ; and which the irascible gentleman,
jealous of the reserved rights of government, found on farther
inquiry were only ' precious big ones.' The rich valley of Lush-
ington afforded a resting-place to Dyason's party, and Holder's
people called their location New Bristol. Passing on towards
the front, tliere were Moimcey's pai-ty, Hayhurst's party,
Bradshaw's party, Southcy's party, stretcliing fdong the edge
of the wide plains of the Round hiU, and drinking theii* western
waters. The post of honour and danger was the line of the Kap
river. This was occupied by the party of Scott below Kafir
Drift, and by tlie Irish party above it. The Forlorn Hope of the
entire settlement was Mahoney's party at the Clay Pits, who had
to bear the first brunt of every Kafir depredation in the Lower
Albany direction. Names thicken as we proceed from Waai-
plaats towards Graham's Town. Passing Greathead's location,
we come among the men of Dalgairns at Blauw Krantz. Then
those of Livcrsage, about Manley's Flat. John Stanley, ' Head
of all Parties,' as he styled himself, belonged to the same
THE BKITI8H SETTLERS 37
neighbourhood. Turvey's party were in Grobblaar's Kloof;
"William Smith's at Stony Vale ; Dr. Clarke's at Collingham.
Howard's, Morgan's and Carlisle's brings us by successive steps
to the neighbourhood of Graham's Town ; the suburbs of wliich
were indicated by the painted pigeon-house at Brunett's. To the
south -westward, the valley of the Kareiga was occupied by
Menzies', Mills' and Gardner's parties. The rear-guard of the
settlement may be said t& have been formed by the men of
Norman's and Captain Butler's parties, who occupied Seven
Fountains, and the upper end of Assegai Bush river."
The Scotch party under the leadership of Robert Pringle,
established themselves at Baviaan's river, where they have well
maintained their own. Besides these, there were other com-
panies of a more select and exclusive kind. Elderly gentlemen
of upper-class connections, and retired officers from various de-
partments of the king's service, came with small numbers of
men under special conditions, and engaged for a term of years.
The names of Bowker, Campbell, Philips, Piggott and others, will
suggest themselves ; and such designations as Piggott Park and
Barville Park, given to their domains, indicate the social position
assumed by their owners.
The many vicissitudes wliich befel the immigrants, — from their
first encampment on the grassy hills and dales of Albany, when
the first tree was cut down, the first wattle-and-daub house
commenced, and the first furrow made by the plough in the
virgin soil ; the privations and trials which they had to endm'e
from floods, from failure of crops, and from Kafir wars ; and
the energy with which all these drawbacks were struggled with
and surmounted, imtil the country attained its present pros-
perity, — are matters wliich colonists in succeeding generations
should never forget.
" Those British settlers of 1820," said Governor Sir George
Grey, in a despatch to Earl Russell, " have succeeded as weU as
emigrants have done in any part of the world — better than in
very many."
III.
British Colonization.
1820 to 1834.
Political condition of the colony in 1820 — Absolute Power of the
Governor — Censorship over the Press — Appeal to England, and
Liberty of the Press secured — The Complaints of the Albany
Settlers — Public Meetings Prohibited — Pass Law — Imperial
Commission of Enquiry — Ameliorative Measures — Civil and
Judicial Reforms — Use of the English Language — Appointment
of a Commissioner-General on the Frontier — The Reprisal
System — Retrospect of relations with the 2s^ative Tribes — The
Kafir War of 1834.
The conquest of the Cape, aud its final cession to Great Britain,
lias been termed the " charter of liberty to all inhabitants of the
colony who had not high office, or high official connection," Yet,
untn 1825, the whole power of the civil and military administra-
tion was concentrated in one man. Whosoever filled the office of
governor for the time being, exercised the fullest paternal and
absolute authority. The wisdom of the measures adopted by bim
for the regulation of the afTairs of the country, was seldom
questioned or reflected upon. The community generally were
influenced by the old feelings of habitual submission and acquies-
cence to the representative of sovereignty. At this time too, the
pubUc functionaries and theu" assistants — constituting " the coliors
stipendiaria, eating the bread of the government" — formed very
nearly a tenth part of the free population, and in point of union,
exceeded them beyond all proportion. Backed by such adherents,
the powers of the rulers were entire, and the submission of the
pubUc mind almost unlimited.
ERINGLE AND FAIEBAIEN AEEIVB 39
Under the comparatively-equitable administration of sucli men
as the Earl of Caledon, Sir John Cradock, and Sir Richard.
Bourke, the yoke was light and easy ; but during the time of Lord
Charles Somerset, the colonists became sensible of the paralyzing ■-
oppressiveness of absolute despotism. Formal complaints, however
just and reasonable, often met with neglect, or insult, or with
punishments of a more substantial nature, while any expression
of discontent was considered as an act of great miprudence,
exposing the obnoxious individual to the whole force of government
opposition in all his pursuits, — the colony being then in so
artificial a state, that the liigher powers could ruin almost any
man, merely by withdrawing its favour from him ; and " neither
character nor talent was proof against the proud man's contumely,
or the insolence of office."
This tyrannical and vindictive system, met with little resistance
or appeal on the part of the public, until 1820. The population
was tlien increased, as ah-ea'dy stated, by the introduction of
several thousand British emigrants, who brought with them the
characteristic bustle and life of a free people. They were not
long content to beaw thek grievances without the Enghsh privilege
of grumbUng.
In the stream of new-comers at that time, were two gentlemen X
— Thomas Pringle and John Fairbairn — who took a foremost
part in the deliverance of the colonists from their political thral-
dom. Pringle, an able writer and poet, had headed a party of his
relations, who were located on the vacant frontier lands of the
Baviaan's River, now Glen Lynden. Through the influence of
his countrj'man, Sir Walter Scott, with the home government, he
obtained from Lord Charles Somerset the post of librarian to the
South African Public Library; and he then induced his friend
Fairbaii'n, to join him, in order to carry out some educational and
literary schemes, which it was thought would be acceptable and
useful to the inhabitants. They memoriaHsed the Governor, as
then in duty bound, for leave to issue a literary periodical, and
40 HISTORY
received a reply, tliat His Excellency had not seen the application
in a favourable light. They then opened an academy to educate
youth, and endeavoured to form a literary association, to dissem-
inate knowledge, and improve the tone of society generally.
After a time, however, instructions were received from the
colonial minister at home, that the ordinary privilege of the
press should be granted to them, provided nothing was to be
published detrimental to the peace and safety of the colony. A
monthly magazine, and a weekly newspaper were then issued,
which supplied the Cape community with a sort of literature to
which they had hitherto been strangers. A printing establishment,
maintained and controlled by the government, had been in exist-
ence previously from 1800, but the annual circle of its duties
consisted only in issuing an ahnanac and calendai', and a weekly
paper called the Oaxette, — which was a mere list of proclamations
and advertisements — the public being rai-ely indulged with a scrap
of general intelligence, and then only of matter suited to the
submissive state of the colony.
The new broad sheet, the Commercial Advertiser, was hailed
with delight, as a medium of communicating information of an
interesting and instructive character. Its articles, written by
Pringle and Fairbairn in turn, have not unfitly been compared to
tliose of the " Spectator " of the previous century. But they were
regarded as very obnoxious by the Governor and his advisers, who
instructed the " Fiscal " (public prosecutor) to assume a censorship
over the press. This functionary accordingly made an ofl&cial
order upon the printer of the Advertiser, for the production of
proof sheets of the paper. The order was comphed mth, in strict
loyal obedience to authority; but next morning, tlie editors
announced that they disclaimed, as British subjects, to submit to
the degradation of a censorship, and were resolved to discontinue
their journal, pending an appeal to England. This determination
took the Governor by surprise ; it was more than he calculated
upon ; and his ire was roused accordingly. He issued a warrant,
PEINGLE SUMMONED 41
directing the press to be sealed up, and the printer, Mr. George
Greig, to leave the colony ■v\dthin a month, on pain of being
arrested and sent out of it by the iirst opportunit3^
At the same time, the "Magazine" was placed under the
repressive law, and the editors required to give a pledge that
nothing obnoxious or offensive to government, should appear in
it. They again adopted the only course open to them, to discon-
continue its publication, and this decision was duly notified in the
Gazette.
These occuiTences produced a considerable sensation in Cape
Town, which alarmed, while it enraged the Governor. He sum-
moned Mr. Pringle to appear before him at his audience-room in
the colonial office. "I found him," says Pringle, "with the
chief justice, Sir John Truter, seated on his right hand, and the
second number of our South African Journal lying open before
him. There was a storm on his brow, and it burst forth at once
upon me like a long-gathered south easter from Table Mountain."
*' So sir, you are one of those who dare to insult me, and oppose
my government," and then the Governor launched forth into a tirade
of abuse, reproaching him above all for ingratitude for personal
favour's. Pringle calmly but indignantly repelled his charges, and
defended his conduct in regard to the press, and asserted his right
to petition the King in council on the subject. He denied
altogether the personal obligations with wliich he had been
upbraided, and siace he would not have his free agency compro-
mised by any appointment his lordship could bestow, he then and
there resigned his office as government librarian.
Lord Charles Somerset, after this conference, openly denounced
Piingle and Fairbairn as inveterate " radicals," and their educa-
tional se m inary as a school of sedition; and the personal influence
of " the powers that be" being then all but omnipotent, the pros-
perity of the academy rapidly passed away, and they realised that
the governor was determined to oppose and thwart everything,
without exception, which emanated from them or in which thej-
were concerned.
42 HISTOKY
Sucli was the treatment, received hj tlie first men who endea-
voured to establish a free press, and to advocate the principles of
British justice in the colony.
Meanwhile Mr. Greig proceeded to England, and was successful
in his appeal to the home government. By order of Earl Bathm-st
his press was relieved from the odious incubus of the censorship,
and a written authority was given that his hcense to pubhsh
should be liable to be cancelled by the governor in council only,
and not by the governor alone. Under this guarantee the publica-
tion of the newspaper was resumed, Mr. Fairbairn being its sole
editor, and aiming in all his writings to soothe and reconcile the
feelings of the different classes of the inhabitants, so as to render
them one people in heart, and recommending and explaining to
them, in the simplest and clearest way, the feature-principles of
the British Constitution.*
But, unfortunately, a year or two afterwards, the journal again
fell under the ban of the govei-nment. Lord Charles Somerset had
been compelled to go to England to vindicate himself against the
charges brought against his administration ; and while there his
influence \vith the Colonial IMinister, Eai-1 Bathui-st, was sufficient
to prociu-e a summary order from Downing Street, which reached
the colony in 1827, for the suppression of the Advertiser. The
ground for this act was not the publication of any obnoxious
original article, but of an exti'act copied from the London Times
of January 25, 182G, whicli Lord Charles Somerset represented
as of a calumnious nature. The Cape community felt the sup-
pression of their favourite paper to be an incalculable loss to the
' • Mr. Fairbairn, in describing the condition of the colony in 1827, paid the follow-
ing high tribute to tlio character of the Cape Dutch population : — " For industry,
loyalty, filial attachment, and all the feature virtues of a risini; community, they
would stand high in comparison with any nation on record. Their love of freedom
also is strong and unquenchable, and their notion of it is «imple and just. They
^ despise declamation, and seldom, if ever, use the word 'Liberty.' But, speak to
■ them of security for person and property,— of the power of checking a bad or
' foolish governor by a popular assembly,— of aiding the judge in the discovery of
truth, and of standing between the accused and the rancour and blindness of a
political bench, — of regulating the taxes by the local knowledge of those who have
to pay them,— and you will at once perceive that, without having read, they have
the law of liberty written in their hearts."
PUBLIC MEETINGS PEOHIBITED 43
colonists generally; and as they were denied the liberty of holding
a public meeting in the colony to take the circumstances into con-
sideration, they resolved upon an appeal to the British Ministry,
and faihng that, to the British public. Mr. Fairbairn was dele-
gated to perform this mission, and on his arrival in England he
was supported by aU the influence of the merchants and others
connected with the colony residing in London. A change of
ministry had also talien place, and Mr. Huskisson, who held the
seals of the Colonial Office, franldy conceded to the expressed
wishes of the colonists, and on behalf of the Government intimated
his determination that " the Press should be placed under the
control and the pi-otection of the laiv, and no arbitrary suppress-
sions should take place in future." Upon this independent footing,
secured for it by the exertions of Mr. Fau'bairn, the South African
Press has been conducted ever since.
The settlers located in Albany were not very long in the
country before they found reason to complain of the hardship of
their interests and prospects being committed to what they termed
the ''unlimited control of one individual." A small number of -
their principal men desired to consult together upon the best mode
of making their wants and requirements known to the government,
when, to their astonishment, they found that their intention was
met, not only by positive prevention, but by insulting imputations , ,-
of disloyalty and disafl'ection. A most high-handed proclamation
was issued by Lord Somerset in lhi22, notifying that public
meetings for the discussion of pubhc matters and political subjects
were contrary to the ancient laws and usages of the colony, and
anyone attempting any assemblage of such nature without his
sanction, or that of the local magistrate in distant districts, was ;
guilty of a high misdemeanour, severely punishable. In other ■
ways, too, they found obstacles placed in their path. Annual fairs
for friendly barter with the Kafirs had been appointed, at which 1
the natives obtained the articles they required, in exchange for \
cattle and other produce of their country. In 1823 a proclamation I
44 HISTOET
J>^; was issued prohibiting this and all intercourse with the Kafirs,
under the severest penalties. The " ancient usages of the settle-
ment" under the Dutch East India Company were always quoted
as the authority for these restrictions. Thus, a placaat of Governor
Plettenberg and council of 1774 , which made bartering with
the Kafirs punishable with confiscation, corporal punishment,
or death, was now again revived. Similarly an old law o£l'''9''_
existed, by which soldiers, sailors, servants, or deserters were not
allowed to go about the country without a certificate or " pass,"
nnder a penalty of being considered vagabonds. In 1809 the same
regulation was applied to Hottentots throughout the colony ; and
in 1821, this most obnoxious restriction was extended to the
English emigrants. The ground assigned for it was, that many
individuals, fno doubt dissatisfied \nth the small grants of 100
acres, in a country where ordinary farms consisted of 4000 to
6000 acres) were disposed to abandon their lands, which, if per-
mitted indiscriminately, would tend to defeat the object of the
government in colonizing these parts. However reasonable the
cause, there was the fact of the degrading public notice, directing
the authorities to arrest and put into prison any settlers found
wandering about the colony, and not having proper "passes."
Being prevented from expressing and discussing their grievances
pubUcly in the colony,* the emigrants, in 1823, addressed a memo-
• No newspaper was published in Graham's Town until 1834i. Two of the first
settlers, Messrs. StringfoHnwand Godlonton, who arrived iu the Chnpmnn in Table
Bay, in 1820, brought with them the whole plant for a printing e.-^tabli.'ihment ;
but they were not permitted to take it on to AUiany. These gentlemen had before
Icaying England been engaged in a branch of the King's Printing Oflicc, at
Shacklewell, and the manager of the establishment, Mr. Rntt, an.xious to give
them a fair start, had consigned the plant to them, in conjunction with Dr.
Robwts, afterwards a medical practitioner in Cape Town, with the distinct under-
standing that if they were siiccesslul lie 8ho\ild be paid for his venture, and if not
no demand would be made upon them on account of it. " On our arrival in Table
Bay," says the Hon. Mr. Godlonton, " it soon became known that a printing press
was among the emigrant.M' luggage, and the Government printer, Mr.Van do Sandt,
was sent on board to make emiuiry. The result was a prohibition against its
going any further, the acting Governor (Lieutenant-Gen. Donkin) remarking, as
we were told, that toallowittogoforwar»l would be equal to scattering firebrands
along the eastern frontier. We were under fiuarantine at the time, — not that any
sickness was on board, but to prevent the emigrants from going ashore and
falling in love with Cape Town. But notwithstanding this, for the purpose of
BOTAL COMMISSION 45
rial to Earl Bathurst, wliich was laid on the table of the House of
Commons. In it they set forth their complaints against the system
of government and laws to which they were subject, and especially
directed attention to the insecurity of the border, from the pohcy
tlien pursued, which threatened, instead of the civilization of the /
natives,_a^ war of mutual extermination between the black and
white races.
The British Parliament before this had had its attention directed
to the condition of the colony, and the unpopularity of its govern-
ment, and a Commission of Inquiry was appointed to investigate
the affairs of the settlement on the spot. The Royal Commissioners,
Messrs. Bigge, Colebrooke, and Blair, concluded their labours in
1826, and presented elaborate reports on the various subjects of
their inquiry. These documents furnish a most interesting general
historical review of the past administration of the Cape govern-
ment, its finances and trade, and the condition of the population,
including the aborigines. The commissioners recommended the
separation of the colony into two provinces, and the appointment
of a chief magistrate or lieutenant-governor on the frontier, who
would apply some uniform and consistent principle to the inter-
course of the colonists with the Kafirs, and unite in his own hands
the civil and military authority. !Many other important recom-
mendations were made at the same time, and carried into eff'ect.
The judicial administration was improved. A supreme court and
circuit courts were appointed under royal chaiier. The old
monopolies, connected with the collection of some of the revenues,
were aboHshed. Civil commissioners were placed in charge of
divisions in the room of landdrosts and heemraden, and several
districts were subdivided and new magistrates created. And
carrying out the arrangement with the Government, Mr. Stringfellow was per-
mitted to go on shore, and between him and the Government printer the matter
was finally settled. The amount of the invoice was paid, and remitted by Dr .
Roberts to Mr. Rutt in England. By a curious chain of circumstances, this
identical press came into my possession at Graham's Town, and was used in
printing the first newspaper ever published in the Eastern province. A portion
of its ' platten ' now stands as a memorial on my libraiy table."
46 HISTOET
simultaneously witli these clmnges, the language of the parent
countiy Avas, in terras of a previous proclamation, ordered to be
exclusively used in all official proceedings and business.*
Viscount Godericli was Secretary of State for the Colonies in
1827, and acting in the spirit of the recommendation of the Royal
Commission, he gave instructions to provide for the residence on
the frontier of a superior magistrate under the denomination of
" Commissioner- General " to whom he proposed to delegate the
duty of generally superintending the affairs of the eastern
division, of controlling the proceedings of its civil commis-
sioners and inferior magistrates in all cases of inquiry, in which
the delay of a reference to Cape To-\ati would be prejudicial to the
public interests, and of exercising a special superintendence over
the affairs of the border. General Bourke, who was then adminis-
tering the government, appointed a native of the colony, Mr.
Andries Stockenstrom (afterwards Sir Andries Stockenstrom) to
fill this situation.
Mr. Stockensti'om had been officially connected wiih. the affairs
of the frontier from his boyhood upwards. In 1808 he was an
assistant clerk in his father's office at Graaff Reinet. In 1809 he
accompanied Lieutenant-Colonel Collins, and acted as interpreter,
in his excursions beyond the frontier, to enquire into and report
upon the condition of the native ti'ibes. In 1811 he joined the
Cape Regiment as an ensign, and was engaged with that corps on
the frontier, when his father was massacred by the Kafirs in the
Zuui'berg. In 181Q he was appointed deputy-landdrost — and
afterwards, in 1815, to his father's former office of landdrost of
Graaff Reinet. In his latter capacity, which he occupied until the
aboUtion of landdrosts in 1827, ho had acquired an intimate
acquaintance with the government of the border colonists and
the natives. He knew the Boers — their likes and dislikes, their
•From the Ist Januarj-, 1823. all documents iFsned from the Colonial Office were
in the English Inngiinge; nnd from iy25 all oflicinl notices were promulgated in
that language, but the order for its exclusive use in judicial acta and proceedings
only took effect from 1S27.
EETEOSPECT OF NATIVE AFFAIES 47
prejudices and their many admirable qualities. He knew the
Kafirs also, and their marauding propensities ; and tliey knew him
as one ever ready to put down with a strong arm any acts of
depredation or aggression against the colony. His large ex-
perience, his determined yet just and beneficent character, and his
known talent and irrepressible activity, were all qualities wliich
admirably fitted him for the duties which he was delegated to
discharge.
But a short time sufficed to prove that his position as Com-
missioner-General was an anomalous one, and those who expected
from it the dawn of a new order of things were doomed to
dissappointment. The instructions of Lord Goderich set forth
that the commissioner was to be strictly subject to the authority
of the governor. Sir Lowry Cole, who assumed the administration
of the government towards the close of 1828, when he came to
look into the matter, was very much puzzled about the situation ;
he found it difiicult to aiTange the sphere of duty of an ofiicer who
_was to do everything and meddle with anything, without giving
him any sort of power. It seemed inevitable that the military
and civil authorities must come into collision, if the former was to
be checked or controlled by the commissioner ; more especially as
Mr. Stockensti'om had officially expressed his disapproval of the
system of military patrols and reprisals which had then for a
number of years been in operation. -<f. _• -r.^-^
It is necessary here to take a short retrospect of the relations f^ A
with the Kafir tribes from the time of Lord Somerset's conference
with Gaika in 1817, referred to in the previous chapter. The ^^
acknowledgment of Gaika as the supreme chief of Kafirland was
not agreeable to the other tribes, who already had some feudal
disputes to settle with him. In 1818 these tribes attacked and
defeated Gaika in an engagement on the Debe-Nek, compelling
him to take flight to the slopes of the Katberg. Gaika then
appealed to the government for aid ; and as many complaints had
been made of sundry depredations committed by the confederated
48 HISTOET
tribes, measures were taken against them. An expedition imder
Colonel Brereton was sent into Kafirland, before whom, it is said,
the Kafirs fled "more like deer than men;" considerable herds of
their cattle were captirred, and some portion given to Gaika as
compensation. It was expected that after this there would be a
cessation of depredations, but the result proved otherwise. The
tribes, smarting under the loss of their herds, crossed the Fish
River, drove in tlie mihtary posts, and in large force made an
attack upon Graham's Town, with such secresy, that the appear-
ance of an armed multitude upon the slopes above the town was
the first intimation the garason had of their approach. The
attack was repelled with spirit by the small body of troops imder
Colonel Wilshire, — about 350 Europeans, and a few Hottentots.
The leader of the confederate tribes, a so-called " prophet- wajTior,"
named Lynx or Makanna, finally surrendered to the colonial
authorities, and the war was brought to a close.
Lord Somerset then, in 1819, again visited the frontier, — had
another conference with Gaika, and agreed upon a new border.
The line of the Great Fish River, from its impenetrable jungle,
was considered untenable, and it was stipulated that the Chumie
and Keiskamma rivers should be the future boundary, — the banks
of the latter river being more open, and admitting ol the establish-
ment of posts which might control any invaders. The intervening
ceded territory was styled " neutral ground," and for sometime
remained unoccupied ; but Gaika a year afterwards, in 1820, gave
his consent, — although an unwiUing one, — to the government
locating people there. SirRufaneDonkin,whowas acting governor
during the absence in England of Lord Somerset, proposed to
form a strong line of defence along it, by placing a body of Scotch
Highlanders at the sources of the Kat River, and anotlier, com-
posed of half-pay officers, soldiers, and settlers, at the Beka; witli
these two posts at the flanks, he intended to fill up the intervening
space with as dense a population as the country was capable of
holding. But the Scutch mountaineers never arrived ; the vessel
THE KAT EIVER SETTLEMENT 49
they started in was unfortunately lost at sea. The location at the
Beka, called Fredericksburg, was set on foot; but on the return of
Lord Charles it was also put a stop to, and the whole of tlie ceded
territory again became vacant.
It did not long remain so ; gradually a number of people, both
Europeans and Kafirs, moved into it. Macomo, the eldest son of
Gaika, with a party of followers, re-occupied the important country
at the sources of the Kat River and the Koonap. This was tlie
very key of Kafirland, — the strongest point in the whole frontier
line, from the Orange Paver down to the sea. There the Kafirs
were in possession of high precipices, mountains, rocks, forests, and
deep clefts, under cover of which they could break into the colony,
or retreat and escape with almost the impossibility of pursuit.
Although the attention of the government was directed to the
impolicy of permitting it, Macomo was allowed to remain in pos-
session, so long as he and his people behaved themselves quietly.
He was, however, repeatedly warned of the consequence of any
disturbance ; but, notwithstanding that, he made an attack upon
some Tambookies living peaceably on the border, deprived them
of their cattle, and murdered a number of them ; and even some
who fled into the colony were pursued and massacred. Macomo,
iu his defence, alleged that the afiair was greatly exaggerated ;
that he had only helped to establish the authority of a neighbouring
chief, and at the same time punished the people who were com-
mitting depredations in the colony, for which he was made
responsible by the authorities. But the government regarded
Macomo's conduct as inexcusable: the Commissioner-General,
who was consulted, gave his opinion that as the Kafirs were there
entirely conditionally, as they had repeatedly broken their engage-
ments, and as they were occupying a position which would be
injurious to the colony in the event of any disturbance, they should
be removed. This was accordingly done, and Mr. Stockenstrom
was sent by Governor Sir Lowry Cole, from Cape Town, to co-
operate with the military commandant on the frontier in carrying
50 HI8T0ET
out the expulsion. On liis way from Cape Town, in 182'J, the
thought struck him that the plan Sir E,. Donkin had formed, of
placing a Highland party at the sources of the Kat and Koonap,
might he carried into effect hy collecting together the descendants
of the ahorigines of the Hottentot race, who were scattered about
the country, and locating them there, along with other colonists.
He mentioned the subject to the Rev. Mr. Eead, a missionary at
Bethelsdorp, who had great influence with the Hottentots, and
who encouraged the scheme as a favourable opportunit}' of making
a trial of what could be done in the way of raising these people in
the scale of civihzation. Proposals were at once sent to Colonel
Bell, the Colonial Secretary, and shortly after the government
sanction was given to it. Such was the maimer in which the
Gaika Kafirs were emoved from, and the Hottentots located in.
the beautiful valleys of the Kat river, now known as the distiict of
Stockenstrom,
It was the Commissioner-General's intention to continue the
settlement along the whole line of frontier down to the coast, by
planting native communities, loyal to the government and attached
to the soil by the right of property ; but vai'ious obstacles inter-
vened. The stock-farmers and Kafirs were, as before, left in
juxta-position, and the isolated houses and Hocks and herds of the
former offered seductive temptations to the natural cupidity and
predatory habits of the latter.
The only pohcy adopted to suppress the evils aiising from this
state of things was known as the "reprisal " system. It commenced
in 1817, under the arrangement come to between Lord Chaiies
Somerset and Gaika. It was then agreed that whenever cattle
should be taken from the colonists by Kafirs, the miUtary pati'ols
or commandoes of the burghers should be free to follow the traces
into Kalu-land, and have a right to demand, or take from the first
kraal or Kafir village, the number of cattle plundered from the
colonists. This was in accordance with Kafir law and usage, but
it opened the door to many iiregularities. It was natural enough
THE COMMISSIONEE-GENERAL ABOLISHED 51
to track, as well as might be, the plundering party, to retake from
them or others the value of the loss, and by the exercise of terrible
severity to deter from a repetition of these cattle thefts. But,
unfortunately^ the innocent were often confounded with the guilty,
and a miserable feehng of hostility was maintained. Depredations
were of chronic occui-rence : mihtary patrols had to be continually
kept employed ; and even burgher commandoes of the colonists
were caUed into the field successively, in 1819, 1823, 1829, and
1830, to punish the aggressors.
Cape frontier defence had at that time nothing of great military
character about it. Both officers and men had the most arduous,
hai'assing, ungrateful, and even degrading duties to perform, in
trotting out after every troop of sheep or cattle reported stolen.
Anything hke a pitched battle never took j)lace — the attack of
Makana on Graham's Town having shewn the Kafirs the mad-
ness of such an attempt. It was all a bush-hunt, where military
tactics were out of the question ; and the colonists in these cases
frequently proved as good soldiers as the men who had been drilled
for years. The " commandoes," however, were most ruiuous to
the people of the country ; for the losses sustaiued by the fai'mers,
called away from their homes and business, and exposed to the
vicissitudes of bush-life, were very great.
We now return to the course of events in 1831-2. The Com-
missioner-General — who had had personal experience of the
nature of the conflicts between the Kafirs and these pati'ols and
commandoes — set himself with a determined hand to put down
the "reprisal" system, which he considered one of the chief
causes of the continued ferment on the border. He was confirmed
in this view, by the proceedings of a commando which he had
sanctioned in June, 1830, upon the representation of the mihtary
commandant (Colonel H. Somerset) and some Boers. On that
occasion, a petty chief (Zeko) and some of his men were killed in
a " desperate fight," as the field commandant reported it ; but,
accordiug to other testimony, they were ruthlessly shot down in
52 HISTOET
cold blood. In the following year, 1831, Colonel H. Somerset
applied again for the Commissioner General's consent for another
commando to enter Kafirland with the troops. This he refused to
sanction. The military commandant then applied to the Governor
direct, and obtained his Excellency Sir L. Cole's concurrence.
Matters could not continue upon this footing. The differences of
opinion between the Commis.sioner-General and the military
commandant, on frontier policy, were too decided to permit of
cordial co-operation. Mr. Stockenstrom finding his authority to
be merely nominal, — tliat his promises of redress to the aggrieved,
and threats of punishment to the offenders, were without effect —
that, to use a common expression, he was a fifth wheel to the
state wagon, — applied for leave to proceed to England. Shortly
after his arrival there, he was informed that the office of Commis-
sioner-General was abolished.
In 1833, Sir Lowry Cole retired from the administration of the
colony; and in the interim, until a successor was appointed.
Colonel Wade conducted the government. During this period,
the Kafirs under Tyali, who had occupied, upon sufferance during
good behaviour, a part of the lands adjoining the Kat River, were
forcibly removed beyond the boundary line, and placed to the east
of the Chumie and Keiskamma.
Sir Benjamin Durban was then appointed governor, and arrived
early in 1834. He had to carry out reductions in the civil, judicial ,
and militar}'- establishments of the colony, and to initiate a Legis-
lative Council. He had also to give effect to the regulations under
the King's order-in-council for the abolition of slavery, which, to-
gether with the enactments previously put in force, granting equal
rights to all aborigines as to Europeans, contributed essentially to
the ameUoration of the condition of the labouring classes of the
country. Soon after entering upon office, he received an important
despatch from the Secretary of State (Mr. Stanley), directing him at
once to devise " other measures than those hitherto pursued " to
protect the colomsts on the border from aggression ; and for this
THE KAFIE WAR OF 1834. 53
purpose, the propriety of cultivating an intercourse with the chiefs
of the Kafir tribes, by stationing prudent and intelligent men
among them as agents of the government, was suggested. In the
spirit of this instruction, Sir B. Durban caused communications to
be made to the various chiefs on the frontier, conveymg his desire
to cultivate amiable intercourse "oath them, and to enter into
treaties and agreements in order to put a stop to the irritating acts
of robbery and depredations which were constantly being com-
plained of. Whilst the worthy governor was maturing his plans
with this most humane object, the Kafirs were secretly forming a
powerful combination for the invasion of the colony.
On the 23rd December, 1834, the Gaika tribes to the number of
about 20,000 men, under the immediate direction of the chiefs
Macomo and Tyali, burst into the border districts of Albany and
Somerset, along the whole line from the Winterberg to the sea.
This invasion was as unexpected as it had been unprovoked. The
unoffending inhabitants, scattered on widely-separated farms could
offer no resistance, and within a week fifty farmers were slain,
hundreds of farm-houses were burned, and loads of property
carried off — consisting of horses, cattle, goats, sheep, clothes,
money, and whatever could be laid hold of. The missionaries in
Kafirland had no wai-ning of this war, and were compelled to be
unwilling witnesses of the fell work of destruction which went on.
They saw quantities of spoil brought from the colony into Kafir-
land, and had to Ksten to the cold-blooded tales of murders which
the Kafirs recited. They had also to hear the enraged or arrogant
speeches of the chiefs — like Tyali, who said " They had borne long
enough with the militai'y ; the soldiers had burned their houses ;
killed their men, had seized their cattle, had taken from them
their country ; they knew not what to do, and they sought
vengeance." Happily, however, the missionaries were not attacked
by these highly- excited savages, although many were the perils
which befel them and theu' families in making their escape to some
place of safety. Graham's Town, the frontier capital, presented a
54 HISTOET
most melancliol}^ scene ; the neighbouring population burnt out of
their homes, or fugitives from the impending danger, were con-
gregated there in the deepest distress and affliction, most of
them destitute of every article of clothing, except what was on
their persons, and many in deep lamentation for the loss of their
husbands or brothers, who had either been brutally murdered
or slain in defence of their property.
Immediately upon receipt of news of the irruption, the Governor
directed Colonel (afterwards Sii" Harrj') Smith to proceed to
the frontier and take the command there. With wonderful
endurance, this officer performed the journey from Cape Town to
Graham's Town (GOO miles) in six daj's. He found the regular
troops to consist only of 800 men, but at once proclaiming martial,
law, he assembled and armed the population, and proceeded
against the invaders. The Governor soon after followed to the
front. The whole force then advanced into Kafirland, defeating
and dispersing the enemy, who was compelled to sue for peace.
As an indemnification for the past and a security for the future, a
proclamation was issued by His Excellency, declaring British
sovereignty to be extended over the territory of the defeated tribes
as far as the Kei River — the present boundary of the colony.
Adelaide was the name given to this new province ; its inhabitants
were divided into locations, and European magistrates (Messrs.
Southey, Stretch, Bowker and Ranstorne) placed amongst them
with a view to the gradual introduction of British law and order.
At tlie same time a race of people called the Fingoes, remnants of
some Zulu tribes, who were in a state of servitude under the
Kafirs, and had kept aloof from the war, were brought out of
Kafirland, and placed in the country between the Keis-Kamma
and Fish Rivers. Their number was estimated at 10,800 souls.
They have since proved faithful subjects, and have been of
essential use to the colonists as servants, and as allies against the
Kafirs in the subsequent wars.
IV.
British Colonization.
1834 to 1854.
Hdusc of Commons' Committee on the State of the Aborigines — Lord
Glenclg's Policy — Appointment of Mr. Stockenstrom as Lieut. -
Governor — Dismissal of Governor Sir B. Durban — The Stocken-
strom Treaties — Sir George Napier's and Sir Peregrine Maitland'a
Alterations— The War of 1846— Character of Kafir Warfare-
Sir H. Pottinger and Sir H. Smith— The War and Eebellion of
1851-2-3 — Sir G. Cathcart — Peace secured — Sir George Grey
and his Policy for the Civilization of the Native Tribes.
Previocs to and during the progress of the war of 1834, the
British Parliament had its attention directed to the condition of the
aborigines in the various possessions of the empire. The subject
opened a wide door for philanthrop3^ A Committee of the House
of Commons was appointed to investigate the matter. Witnesses
were examined before them respecting the state of affairs at the
Cape, and all the abuses and reputed atrocities of the early days
of colonization were brought under review. The Rev. Dr Philip,
the author of the "Researches of South Africa" — whohad signalized
himself for many years by his long warfare and final triumph as
the advocate of the natural rights of the natives — gave the result
of his enquiries and observations in the colony. Mr. Stockenstrom,
then residing in Europe, was also interrogated, and threw light
upon the causes which had enforced his rctii-ement from the
pubhc service. The evils of the reprisal system and some of
the enormities committed under it, were freely detailed by him,
although many of the circumstances reflected seriously upon
56 IIISTOEY
the colonial border population. Ho urged a policy of equal
justice to the Kafirs and to the colonists, as the only one ■which
would ensure peace. His views generally, he told the committee,
were not popular, hut he asked for fair investigation of them. " I
am aware," he said, " that many friends of humanity and civihza-
tion think them not sufficiently hberal and enlightened with
reference to the blacks, whUst on the otlier hand some of my
countrymen cliarge me with abandoning the cause of the whites.
No man can feel more respect than I do for the principles and
objects of the former party, amongst whom I have the pleasure
of counting some of my most valued and intimate acquaintances,
however much I may differ with them on particular points of
expediency ; and both education, prejudices, and ties of affection,
warmly attach me to the other, who, though thrown by the
course of particular events into unhappy circumstances in regard
to some of the lower classes in their midst, constitute nevertheless,
under a sound system of policy and just treatment, in the aggre-
gate, the best - disposed and easiest - managed people in Her
Majesty's dominions. But I am not called upon here to please
either ; I have the cause of truth to serve. I am to call murder,
' mitrder ' and plunder ' plunder,' whatever be the colour of the
perpetrator's skin, or the power and influence of the man who
countenances the same, in order by stating facts as they are,
to enable you, as you are known to have the wish, to apply such
remedies as will render the Cape Colony what it is capable of
being made — one of the most prosperous and happy communities
on the face of the globe."
The committee was pursuing its enquiries on the system of
intercourse wliich Great Britain ought to maintain with unciviUzed
nations, when the news of the war at tlie Cape reached England.
The Secretary of State for the Colonies then was Lord Glenelg,
(Charles Grant) whose feehngs were well kno^ATi to be in unison
with tliose of Wilberforce, Clarkson, Buxton, and other prominent
advocates of justice and hiunanity towards the abuiigines. He had
LOED GLENELG's DESPATCH 57
been kept informed of what transpired before the committee ; and
it tended to impress him with the idea that South Africa was
threatened with the calamity of being added to the list of regions
where the native tribes were doomed to disappear under the
withering influence of European neighbourhood. He entu-ely
overlooked the actual circumstances of the case — that at the
Cape of Good Hope, the colonists were not encroaching upon the
natives, like the Spaniards in America, to conquer or enslave ;
they were British communities transplanted from the mother
country, advancing unarmed into the wildei'ness and settling
down as peaceful shepherds, graziers, agriculturists and traders,
in the immediate presence of uncivilized tribes, who viewed them
with natural jealousy and their growing wealth with covetousness.
But jdelding to the unfavourable impression created in his mind,
— that there had been -wrong done by Christian men to these
barbarians, — he became the apologist of the Kafirs, and in a
despatch addressed to the governor Sir Benjamin Durban, on
the 26th December, 1835, he openly stated his own opinion that
" in the conduct which was pursued towards the Kafir nation
by the colonists, and the pubhc authorities of the colony, through
a long series of j'ears, the Kafirs had ample justification of the
war into which they had rushed -with such fatal imprudence."
" Thej' may," he added, " have been, nor can I doubt they were,
accustomed to harass the inhabitants with their depredations,
But driven as they have been from their ancient and lawful
possessions, confined within a comparatively narrow space, where
pasturage for their cattle could not be readily found, and urged to
revenge and desperation by the systematic injustice of which
they had been the victims, I am compelled to embrace, however
reluctantly, the conclusion that they had a pci'fcct right to hazard
the experiment, however hopeless, of extorting by force that
redi'ess which they could not expect otherwise to obtain." The
despatch concluded by conveying to the Governor peremptory
injunctions that the sovereignty of the new province, bounded
58 HISTOET
by the Keiskamma and tlie Kei, as declared by him, must be
renounced — for he said "it rests upon a conquest resulting from
a wax in which, as far as I am at present enabled to judge, the
original justice is on the side of the conquered, not of the
victorious party." Follo^^•ing upon this, Lord Glenelg nominated
Mr. Stockenstrom, the ex-commissioner-general -nith full powers
and authority, as lieutenant-govenor of the colony, to the special
duty of I'raming, consolidating and cari-ying into execution such
a system as might ensm-e the maintenance of peace, good order
and strict justice in all the intercourse and relations between the
inhabitants of European and African origin or descent, on either
side of the eastern frontier.
No period could have been more unpropitious for the inti'O-
duction of such a new pohcj', or for its initiation by one whose
opinions were supposed to be hostile to what was called colonial
interests. The obnoxious evidence of the parUamentary com-
mittee and Lord Glenelg's equally obnoxious despatch and order
for the restoration of the conquered territory, reached the country
at a time when the people were still suffering from the effects of
the Kafir iiTuption. The majority of the frontier inhabitants —
many of whom by that event were reduced to beggary — were
loj-al, good Chi-istian men, well and kindly disposed towards the
natives, and who had never pai-ticipated in any aggressions, such
as were said to have caused the barbarian inroad. Instead of
receiving anything like sympathy or commiseralion for the
losses and calamities to which they had been subjected, they
unexpectedly found themselves covered with unmerited reproach.
Feelings of indignation were naturally aroused ; and the excite-
ment was at its height when Mr. Stockenstrom arrived at the
Cape in July, 1830.
His appointment as heutenant-governor was at once announced
to the colony generally, and after taking the oatlis of office at
Government House, Cape Town, he proceeded to the frontier.
At Graham's Town he was met by the inhabitants with an
LIEUTENANT-GOVEBNOK STOCKENSTEOil 59
address, in which thej' demanded of him an explanation of the
evidence given by him before the House of Commons' committee.
This address he declined to receive — disclaiming, however, any
fceUng of disrespect to the numerous and influential persons who
had signed it. A slight explanation or modification of the injuri-
ous impressions so unfortunately created and existing, might at
that time have healed the wounds inflicted upon many, and
conciliated all parties. But in his reply, he sternly declared
that before competent authority, and an impartial public alone,
be should defend his ofiicial acts and words ; and that for any
grievances or representations they had to make — there was the
means of remedy open by appeal to the legal tribunals of the
country, the government, the legislature, and the foot of the
throne itself. To the frontier farmers of Winterberg, headed by
the unfortunate commandant, Peter Retief, he in the same spirit
replied: — "From tlie principles to which I have always clung, I
shall not deviate one hair's breadth : in one word, equal rights
to all classes. I would walk round the world to serve this
country, but will not allow myself to be moved one inch out of
my road." Only once, in correspondence with his old friends,
the people of Graaff Reinet, did he give the assurance to his
countrymen that "it was not necessary for the defence of the
many, to conceal the crimes of a few," and that he had done no
action and spoken no word respecting tlie public interests of this
country, in which, after close consideration, he did not rejoice, or
which any power on earth would make him retract.
These utterances of Mr. Stockenstrom, as might have been
expected, gave ofiience to, and for a time alienated the friendship
of many of his fellow-colonists, both Dutch and English. But
he pursued his own determined course, apparently without any
thirst for popularity, or dread of the contrary. His special work
was the establishment of the new system of relations between the ~
Kafir tribes and the colonists, iu accordance with Lord Glenelg's
instructions. The rules guiding him were— the acknowledgment
60 HISTOET
of the independence of the Kafirs witliin their own territories ;
that all intercourse between them and the colonists should be
regulated by written treaties ; that the reprisal sj-stem should be
abolished; the chiefs, and they alone, were to be looked to for
the fulfilment of all stipulations. As part of the pohcy, too, Her
Majesty's government promulgated a law enabling the tribunals
of the Cape to take cognizance of, and to punish any offences
committed by British subjects in any of the native territories
adjacent to the colony, being to the southward of the 25th degree of
south latitude, in the same manner as if the offences had been
committed within the limits of the colony. (Act 6 & 7 Will. IV. c. 57)
4^ By the month of December, treaties were concluded with the
tribes of Gaika, Slambie and other chiefs. Under these the
eastern boundary was fixed along the Keiskamma and the
Chumie rivers ; all the branches of the Kat and Koonap rivers
vip to their sources, being in the colony, and those of the Chumie
river, witliin Kafirland ; and no one was to cross the lines without
special permission. British agents were to be placed with the
cliiefs, to act in diplomatic capacity ; all complaints against the
Kafirs were to be made through these agents, who were to observe
the strictest impartiality and justice, and to promote the peace
and prosperity of the colonists. It was also agreed that no com-
plaint of theft made by a colonist should be admitted by the
government as a charge against tlie Kafir nation or any tribe,
unless the owner of the stolen cattle could prove that the property
had been properly guarded, that it had been traced into Kafirland,
and that notice had been given of the fact to the proper authorities
Avithin a specified time. The Kafir chiefs agreed on their part
that if these points were satisfied, they would find and restore the
stolen property if possible, and if they could not discover it, they
bound themselves to give compensation or an equivalent, within
a certain time. Provision was also made for the protection of
traders and Christian missionaries, residing with leave of the
cliiefs in Kafirland.
EEVEESAL OF THE DURBAN POLICY 61
A colonial ordinance in furtherance of these treaties, was passed
in 1837, by the Legislative Council of the colony — but not -without
a protest by the governor, Sir Benjamin Durban, who placed on
record his disapproval of the same, " as constituting a hne of
pohcy which, so sure as certain causes must produce certain
effects, could not fail to be pregnant with insecurity, disorder and
danger." His Excellency's expostulation with Lord Glenelg on
the reversal of his own policy, shortly afterwards caused his
dismissal, and brought his pubhc service in the colony to a close.
Sir Benjamin's retirement from oflSce called forth an universal
expression of regret, as well as some substantial tokens of
affection and gratitude, on the part of the colonists.
Sir George Napier succeeded to the governorship, in 1838.
Immediately upon visiting the frontier, he was addressed by the
European inhabitants on one hand, praying for the Durban
system to be re-estabUshed, and by the sons of Gaika on the
other, begging for further concessions, and that the lands of their
fathers, west of the Kat river, might be restored to them. His
Excellency met both requests with a decided negative, and stated
his determination to maintain the treaties and engagements
mutually agreed upon — the machinery for the working of which
had been brought into operation by Mr. Stockenstrom. The
arrangements for carrying out that system, however, were
greatly embarassed by strong party feeUngs ranged on opposite
sides. One, and the most numerous party, denounced the policy
as a total surrender of the interests of the colonists, and a
deUvering of them up to the ravages of their barbarian neigh-
bours. The other held, that if these treaties were properly
carried out, there would be no just cause for complaints.
Unfortunately, all this time the hostility towards the Lieutenant-
governor, created by his evidence before the Aborigines Com-
mittee, continued unabated. The statement made by him
relative to the murder of some Kafirs by a commando in 1830,
led to a charge being preferred against himself, of having, while
62 HISTOET
on commando in 1818, shot an unarmed Kafir boy, and used
expressions manifesting his intention of revenging the barbarous
murder of his father. Mr. Stockenstrom emphatically denied
the charge, and demanded an investigation. Lord Glenelg
directed an enquiry into the matter, and a court, composed of
the Governor, Su' George Napier, Captain Dundas and Major
Charters, after taking evidence on the subject, unanimously
absolved the lieutenant - governor from the odious imputation
which had been circulated against him. The facts adduced
showed that Mr. Stockenstrom had only shot the Kafir in the
bush, as any young officer of one and twenty years, or indeed
any officer, would have done under the same circumstances and
orders. Lord Glenelg concurred in the judgment of the Governor
and his coadjutors, and in his despatch remarked — " I feel it due
to Mr. Stockenstrom to state, that the high character for humanity
which he has acquired and long sustained, has not, in my opinion
been in the shghtest degree affected by the enquiry, and that the
confidence of Her Majesty's government in his qualifications for
the office of lieutenant-governor of the eastern district is wholly
unimpared." Nothwithstanding the gratifying testimon}' thus
conveyed by the Secretary of State, I\Ir. Stockenstrom felt the
cui'rents of prejudice and feeling surrounding him on the frontier,
to be such as to mar his infiueuce in the colony for a time, and
he obtained leave to proceed to England. In the following j'ear,
1839, the Marquis of Normanby, who was then at the head of the
Colonial Oflice, informed him that it was not expedient he should
return to the Cape as Heutenant-governor. This decision, the
Secretary of State said, was rendered inevitable by the chstrust
and alienation towards him which had unhappily taken root in tlie
minds of a large proportion of the colonists — converting exertions
in themselves the most meritorious hito soui-ces of discontent and
dissatisfaction. Tic, however, retired from the pubhc service in
the possession of the cordial approbation and esteem of the
government under wliich he had acted ; and as a proof of Her
THE STOCKENSTEOM TEEATIES 63
Majestj''s favour was created a baronet and awarded a life-
pension.
The Stockenstrom treaties worked pretty well whUe under tlie
immediate and active superintendence of their proposer and
framer. His determined character was as familiar to the Kafir
as to the colonist, and to each of them he sought to administer
justice impartially. Colonel Hare, the military commandant on
the frontier, was appointed his successor, and in carrying on the
system, he was firmly supported by the governor. But after four
years experience of it, Sir George Napier had to declare : — " So far
as the colonial government and the colonists are concerned, never
were treaties more strictly or pertinaciously adhered to, but not
so mth the Kafirs, for they commenced from the first to plunder
the colonists, and notwithstanding every exertion, it was found
impossible to prevent these depredations, wliich caused ruin and
dissatisfaction among the farmers." There were numerous com-
plaints too, that the treaties as they stood operated with some
hardship upon the colonists ; and the governor, when visiting
the frontier, at the close of 1840, pi-offered some alterations and
modifications, which were agreed to by the native chiefs. These
alterations dispensed with the guardianship of an armed herds-
man ; removed the restriction as to pursuing the stolen property
across the border ; and made it no longer imperative that it
should be instantly followed in order to establish a claim to
restitution ; but it bound the chiefs as before, in the event of proof
of theft, to pay such damage as was considered equitable by the
agent, and also in cases of murder of colonists, to use every
exertion to deliver up the perpetrators of the crime to the
authorities. For some months after this, the depredations of
the Kafirs decreased to a remarkable extent — denoting a state of
almost perfect tranquility. Before the close of 1841, however, the
Kafirs returned to their former predatory habits. The chiefs
were not wholly responsible for it, as they were not always
powerful enough to restrain their people. Amongst the latter, a
y
64 HISTOET
successful cattle-raid was always considered rather a worthy
achievement, and regarded only as a wrongful act when it could
be traced to them. Besides this, the prevailing system of
polygamy and the purchase of wives by cattle, and the rank
and estimation held by persons possessing such property,
accounted for their continued depredations. Young Kafirland
was, therefore, always ready for plunder and ripe for war.
Matters were critical in 1842, when the chief Tyali died, and
Sutu (the widow of Gaika) who was an ally of the colony, was,
through the witch-doctors, charged with his death, and con-
demned to be burnt ; but she was saved bj' the intervention
of the diplomatic agent, Mr. Stretch, whose influence on that
occasion contributed to the maintenance of peace.
Sir Peregrine Maitland relieved Sir George Napier as governor
in 1844 ; and he had instructions from Her Majesty's government
to redress the grievances complained of by the frontier colonists,
and to omit no safe and proper measure for securing the protection
of persons and property there. He made further alterations in
the Stockenstrom treaties. One of the stipulations he insisted
• upon, secured protection for all natives professing Christianity :
it was provided that native Christians, at the mission stations or
elsewhere, should not be answerable to the Kafir laws for refusing
to submit to heathen customs, such as witchcraft, rainmaking,
polygamy, or circumcision. Other provisions were mutually
agreed to, with respect to marauding offences, which made it easier
for the farmer to recover his property, and secured the chief's
seK interest to give up the thief. These modifications, however,
failed to have any beneficial effect. The Kafirs seemed to regard
the alterations made from time to time as indicating vacillation
and timidity, rather than any desire to promote the interests of ^
peace, humanity and justice. The coast tribes (the Slambies)
showed a desire to suppress marauding ; but the Gaikas were
haughty and audacious, committing robberies upon the colonists
with impunity, and in some instances, murdering the herds and
THE KAFIK WAE OF 1846. 65
firing upon and killing the owners when going in pui-suit of
stolen cattle. Their chief Sandilh, seeing the inevitahle course
of events, offered to siurender his administration to British
authority, as he felt the growing strength of the young men —
" the war party." But before this coiild be effected, some
incidents occured which occasioned the outbreak of hostilities
in 1846.
Under a provision of the treaties, the government had the
right of placing' military posts in the ceded territory, Sandilli
expressed liis willingness to have one on his side of the boundary,
to restrain his marauding subjects ; but he stipulated certain con-
ditions — one being the payment of an annual rent for the site, as
an acknowledgement of his sovereignty. Before the acceptance or
non-acceptance of the conditions was communicated to the chief,
the Governor directed that an engineer officer should inspect the
ground. The Lieutenant-governor, Colonel Hare, at once sent a
military survej'ing party to the locality, near where the town of
Alice now stands. The appearance of their tent and flags for three
or four days, created alarm among "young Kafirland," — under
the influence of wliich Sandilli ordered the surveyors away.
Shortly afterwards, a Kafir of his tribe, who had stolen an axe
from a shop at Fort Beaufort, was being sent to Graham's Town
for trial, when he was rescued on the road by some of his coun-
trjTnen, at Dans Hoogte — a place near the Kat river, where a
narrow road winds along the mountain side. Another prisoner,
to whom the culprit was fastened, was cruelly mutilated and
murdered. A demand for the restoration of the Kafir and of
the lawless men who had rescued him, was made, but failed to
be comphed with. To punish the chiefs and their confederates, /
and the " war party " in general, the Governor ordered the troops
to take the field.
No apparent movement or hostile demonstration occurred for
some weeks ; but in the meantime preparations were being made
for the coming struggle. The Gaikas assembled their force in the
66 HISTORY
ravines and impenetrable bush of tlio Amatola mountains, where
they awaited the first blow being struck. A division of troops under
Colonel Somerset, who advanced against them into this rugged
country, found themselves beset, near Bumshill, by dense masses
of the enemy, and after some desultorj'- engagements had to retire
upon Blockdrift, losing several valuable lives and fifty-two wagons
containing the baggage of the 7th Dragoon Guards, which were
bui-nt or plundered by the Kafirs, some of whom arrayed them-
selves in the clothing and accoutrements of the soldiers. This
encouraged the enemy to act on the offensive, and turned the
neutrality of the other tribes into adhesion to them and
avowed hostihty to us. The frontier districts were at once
over-run by predatory detatchments of them, plundering cat-
tle and burning houses — the storm of ravage falling most
severelj' on the country about Lower Albany. To cope
successfully with this savage foe, martial law was proclaimed
over the whole colony, and a burgher force from every district
was summoned to the frontier without delay. The march of
these levies, however, was a long and tedious operation ; added to
which, a deficient commissariat, and an unusually-severe drought,
rendered the movement of supplies very difiicult. During this
time a large tract of country was at the discretion of the Kafirs,
and heavy and lamentable were the losses of the colonists.
When at length the whole of the military and colonial forces
were assembled, numbering some 10,000 in the field, the enem}^
declined to try the issue of an encounter or make any serious
stand. They contented themselves with avoiding the troops,
stealing cattle, intercepting convoys, and firing on small parties
from shelter of the bush which covered them. Only on one or two
occasions were there any brilliant or decisive successes by our
arms. One was the action on the Gwanga, where Sir Harry Darrel
with his dragoons, Colonel Somerset with the Cape corps, and
some burghers and Fingoes, dashed upon a body of 700 Kafir
warriors in an open plain, and gave them an opportunity of
SIE HENEY POTTING ER 67
judging fairly of a charge of British cavab:y. The other was
the expedition into the native stronghold of the Amatolas. Sir
Andries Stockenstrom at the commencement of the war had
placed his services at the disposal of the government, and was
at the head of the burgher forces. His division, co-operating
with the military and levies under Colonel Hare and Colonel
Johnstone, entered the kloofs and mountains at different points.
and carried all before them. After a few ineffectual struggles to
retain possession of their natural fortress, the Kafirs fled utterly
broken and dispirited to the less defensible districts behind.
There too they were followed up, and subsequently Sir Andries
Stockenstrom and Colonel Johnstone pushed on across the Kei
to the paramount cliief Kreli, with whom a conference was held
and terms agi-eed upon as the basis of a general pacification —
the chief acknowledging the right, by conquest, of the British
government to all land A\'est of the Great Kei , river, and re-
linquishing any claim thereto on the part of himself or any
other chief or subject. The Gaikas surrendered themselves and
their arms, and Sandilli himself delivered up the principals in
the outrage on the Kafir prisoner, which was the formal and
immediate cause of the war. Still hostilities were not at an end.
Sir Peregiine Maitland did not consider the convention with
KreU severe or strict enough — he required tlie restoration of the
stolen cattle sheltered in that chief's territory ; and to enforce
this, was proceeding -snth a second expedition across the Kei,
when he received despatches from the Secretary of State that
Sir H. Pottinger was appointed to reheve him.
Sir Henry Pottinger arrived in January, 1847. In addition to
the office of governor, he was appointed Her Majesty's high
commissioner for the settling and adjustment of affairs iu
the territories of South Africa, adjacent or contiguous to the
frontier of the colony, and for promoting the good order, civiliza-
tion, and moral and rehgious instruction of the native tribes —
a commission which since that time has been issued to every
68 HISTOEY
succeeding administrator of the Cape government. Hostilities
were continued, owing to the misconduct of Sandilli, but by
the close of the year, the Kafirs were entirely subjugated ; a
chain of military posts was established through their country ; the
Buffalo River mouth was opened as a sea-port; and commerce
and its attendant advantages began to operate in Kafirland. Sir
Henry Pottinger then received an appointment as governor of
Madras, and was succeeded by Sir Harry Smith, whose former
colonial services, as well as the prestige of his military reputation
as the hero of the Battle of Aliwal, gained for him a most cordial
reception from all ranks and people.
Governor Sir Harry Smith proceeded to establish the peace and
settlement of the frontier, which had been secured by his prede-
cessors. One of his first acts was the proclamation of a well
defined boundary of the colony, from the Keiskamma river on the
east, across the Stormberg to the Kraai river, and thence along
the Orange river to the South Atlantic ocean. The next was the
proclamation of the territory conquered from the Kafirs as a British
possession, under the name of "British Kafii-aria," — the limits
being the Keiskamma river on the one hand, and the Kei river on
the other. In order to exercise a direct and palpable authority
over the several tribes, commissioners were appointed to reside
Avith them ; Captain Maclean, Mr. C. Bro^vnlee, and Mr. Fynn
being selected for these ofiSces, and instructed to " control what
was evil and develop what was good, amongst the people." Thus
the pohcy of Sir Benjamin Durban, reversed by the orders of the
Secretary of State in 1835, was re-established, with every prospect
of a new era of permanent peace being secured.
But these sanguine hopes were doomed to disappointment.
Scarcely had the colonists on the immediate frontier re-occupied
their faj?ms, and resumed their ordinary pastoral and industrial
pursuits, when indications of fresh disturbances were manifest.
The proceedings of Umlanjeni, a Kafir prophet or witch-doctor,
created great excitement amongst the natives, who are easily
PROCEEDINGS OF UMLANJENI 69
inflamed by such superstitious agencies. Messages passed in
every direction, stating that Umlanjeni was the same as the
prophet Lynx, who appeared in the war of 1819, and that he had
power to resist the English and cause the white population and all
their colonial adherents to die.* The Kafir chiefs, dissatisfied
with the gradual loss of their power and revenues under the new
order of government, encouraged the commotion amongst their
tribes ; and Sandilli was one of its principal supporters. The
Governor being informed of this, sent for him ; but he refused to
appear, — for which act of contumacy he was by proclamation
deposed from his rank as a chief, and Mr. C. Brownlee appointed
in his stead. Troops were put in motion to make a demonstration
of authority upon the Amatola heights ; when, in passing through
the Boomah Pass, — a narrow rocky gorge of the Keiskamma, —
they were fired upon. The following day (Christmas Day, 1850)
the residents of the military villages in the Chumie basin, near to
AUce, were attacked and massacred, and their houses burned by
the Kafirs. War was thus commenced with most determined,
ruthless, and savage hostility. The Governor for several days
was surrounded by the enemy, and shut up in Fort Cox, where
all attempts to communicate with him failed ; and he at last only
made his escape by sallying out with an escort of Cape Mounted
Rifles, wearing the forage cap and uniform of the corps, and
vigorously riding on, reached King WilUam's Town. To add to
the difficulties of the position, many of the Hottentot population,
who on former occasions sided with the colonists, and helped them
against the Kafirs, now revolted and joined the latter, forming
marauding bands, attacking the homesteads and properties of their
former friends and employers. The Tembu tribes under Mapassa.
* This impostor made his followers believe that he had the power to turn the
Englishmen's bullets into water ; and he furnished them with charmed sticks,
which were supposed to render the bearers of them invincible. A more remark-
able delusion than this, however, occurred in 1856, when a Kafir prophetess,
"Nongaus," the daughter of TJmhlakaza, a counsellor of Kreli, ordered all the
stores of corn and cattle to be destroyed by a certain day, promising that when
this was done there would be a resurrection of the departed warriors and stock,
and the white man would be swept off the earth.
70 HI6T0ET
occupying the countiy north of the Winterberg, and the paramount
chief of the Galekas, Kreli, across the Kei, also aided and abetted
the " war party," — the latter receiving and harbouring all the
cattle and other plunder taken from the colonists.
The war thus entered upon was most protracted and ruinous to
the border inhabitants. Martial law was proclaimed over the
frontier, and the burghers were called upon to co-operate with the
military. Their battles with the enemy were few ; the contest
was a sustained guerilla warfare. The Kafirs held the celebrated
fastnesses of the Amatola and tlie Waterkloof, — whenever expelled
from one place, dodging into anotlier. The troops folloM-ing them
were harassed by apparently useless marching; and many a noble
life was sacrificed in the work, by fatigue and privation, or shot
down by the invisible foe. In one of these bush skirmishes, on
the heights of the ICromme range, near Fort Beaufort, the brave
Fordyce, colonel of the 74th Highlanders, fell. He was directing
the movements of his soldiers to a fastness occupied by the enemy,
and had advanced himself to the edge of the bush in front, when
he was shot down. His last words were, " Take care of my
regiment." The most signal and important success of the colonial
forces in the field was one achieved by a commando under Captain
Tylden, R.E., who encountered the vmited bands of Kreli and
Mapassa on the flats of the Imvani, in the Queen's Town district.
The commando was in tlie open plain, about three miles wide,
surrounded on all sides by hills of different altitudes. The Kafirs
(about 4,000 in number) advanced from the northward, pouring
down the hills in tlie direction of the camp. Captain Tylden had
rocoui'se to a ruse to draw them into the open ground. He directed
his force (about 1,200 men) to advance towards the mountain and
then gradually to withdraw. This was in a measure successful.
The Kalirs, uttering their war-cry, rushed down into the plains,
where they were received by a well-directed fire from the burghers,
and in a short time driven completely off the flats, leaving over
200 dead on the field. Kreli's warriors were the first to flee ; and
BIB GEORGE CATHCAET 71
it is said tlic chief was so mortified at tlie cowardice of his fol-
lowers, whom he endeavoured ineffectually to rally, that he wept
with vexation ; and his attendant, the only one of his formidable
band who remained with him, had some difficulty in getting him
to mount his horse and foUow his fugitive adherents.
The Home Government, wearied of these prolonged and costly
hostilities, recalled Sir Harry Smith at the beginning of 1852, and
appointed General Sir George Cathcart in his stead, as Governor
and Commander-in-Chief. One of the first measures adopted by
General Cathcart was an expedition against I^eh, in which he
invited the colonial burghers to join on the old commando system,
with tlie understanding that all the cattle captured should be
divided among the captors for their own use and benefit. After a
nine days' foray, tliey succeeded in levying a fine of 15,000 head
of cattle from the contumacious chief, whose submission soon
followed. As soon as the troops returned, operations were com-
menced to clear the Amatola and the Waterkloof ; and this was
successfully accomphshed by establishing entrenched posts at two
or three points, and marching incessant patroJa until every krantz
and kloof had been cleared. The chiefs Sandilli and Macomo,
and a few followers and rebel Hottentots, though constantly
incuiTing hair-breadtli escapes, evaded capture, and ultimately, in
despair, fled across the Kei, whence they sent in their complete
submission to the Governor. The royal mercy and pardon was
extended to them. Sandilli and his people were permitted to
settle down in another portion of Britisli Kaffraria, further re-
moved from the colonial frontier. Their old forest haunts were
given to the Slambie, Fingoe, and otlaer tribes who had been loyal
during the war; while the territory forfeited by the Tembus,
under Mapassa, was formed into the district of Queen's Town,
and filled up by a burgher population, under an organization for
mutual support and self-defence, known as the Cathcart-grantee
system.
Hostilities having been thus concluded, Sir George Cathcart
72 niSTOET
retired from the command, and in 1854 was succeeded by Sir
George Grey, under whose rule there sprang up a state of tran-
"tiuility which has since been unintemiptedly maintained. His
policy, as the reader will see in a succeeding chapter, aimed
at the moral subjugation of the Kafir tribes, b}- teaching and
encouraging them to improve their condition, and gradually
mating them, — to quote Sir George Grey's own words, — " a part
of oiu'selves, with a common faith and common interests ; useful
servants, consumers of our goods, contributors to our revenue, —
in short, a soui'ce of strength and wealth to the colony, such as
Providence designed them to be."
The settlement of J\fatal and the Border States.
1810 to 1843.
The Voor-trekkers — Condition of the Native Tribes in the Interior —
Migrating Colonists— the Great Exodus — Causes of Discontent —
The Leaders — Adventures — Contests with Moselekatze — Arrival
in Natal — Chaka and the Zulus — Massacre of the Boers by Dingaaa
— Exploits of Maritz, Uys and Pretorius — Independence claimed
— British Sovereignty asserted in Natal — Collision between the
Boers and English Troops — Endurance of the Besieged Camp —
Their Relief— Dispersion and Submission of the Insurgents —
Clemency extended to them — Policy adopted by the English Go-
vernment — Conditions accepted by the Emigrants — Proclamation
of Natal as a British Colony.
Lex us now turn to tlie remarkable circumstances connected 'witli
the voluntary exodus into the wilderness of the primitive colonial
Boers, known as the "Voor-trekkers." It was they who first
colonized Natal and founded the independent Border States.
"Their adventures and exploits," says Mr. J. A Froude, " form
one of the most singular chapters of modern history, and deserve
a clearer record than has yet been given of them."
Within the limits of this work, we can only give an outline
of the character and movements of these pioneers, — the policy
pursued towards them by successive Governors, — and the manner
in which their emigi-ation contributed to the advancement of
civilization and European dominion in South Afiica.
74 HISTOBX
The earliest traditionary accounts of the territories on the
boundary of the colony north of the Orange River, convey to us
the knowledge that they were occupied by mere savage hunters,
whose ruling maxim was,
" The old and simple plan.
That they sliould take who have the power,
And they shoidd keej) who can."
The various inhabitants were periodically at war with one
another, — occasionally for tribal supremacy, but oftener from
mere love for forays, plunder, and victory. From time to time
the mass of barbarism surged backwards and forwards, the weaker
being broken up and incorj)orated by the stronger, or saving
themselves by flight, and making inroads on their neighbours,
who in timi were overmatched and subjugated. Thus the
powerful Zulus fell upon the Mantatees ; the Mantatees, flying
before their terrible enemies, fell upon the Bahrutsi and Be-
chuanas, who fell upon the BaroloHgs, Basutos, or such others as
might be in their way, while they agam fell upon those miserable
native Ishmaelites, the Bushmen. "When all this was over, the
remnants of the tribes settled down wherever they were able
to maintain themselves, by hunting the numerous herds of game
which then covered the plains, or cultivating small patches of
land in the neighbourhood of springs or permanent waters, —
their right of occupation being entirely dependent upon their
power to retain it.
Into this region, soon after the beginning of the century,
came a mixed race named the Griquas. partly descendants
of the aboriginal Hottentots, who had possessed the pro-
montory of South Africa when Van Eiebeek first lauded in
Table Bay. Through the teaching of Christian missionaries,
the Rev. Mr. Anderson and Mr. Kramer, who first found them
wandering about the western districts of the colony, they were
induced to give up their nomadic habits, and settle down as a
community; and for this pui'pose they selected the lands between
MIGEATINa COLOjnSTS 75
tlic Orange and tlie Modder rivers, as being well provided with
springs and pastiirage, and very tlainly peopled. The Bushmen
were almost the only other occupiers, but they did not hold their
ground long, for they were soon plundered of everything they
possessed, and became either servile among their neighbours, or
formed or joined gangs of freebooters.
About 1825, colonial cattle farmers on the border, suffering
from droughts common to the northern districts of the colony,
began to drive their flocks across the Orange River in search of
temporary pasturage. Little or no opposition was made to their
proceedings ; for the Griquas found it convenient to carry on a
species of barter mth the colonists ; some of the latter (described
by the elder Stockenstrom, in 1809, as de la plus basse classe) ex-
changing arms and ammimition for their cattle, and seUing
gunpowder as " onion seed." At first this occupation was
temporaiy, and ceased with the drought which led to it. But
subsequently it became peimanent ; the Griquas, who made little
use of their land, frequently leasing or selling it on easy terms,
and in some cases having to give it up to the stronger power.
When these circumstances were brought to the notice of the
Government, the actions of the colonists were at once discounte-
nanced, and the frontier magistrates were enjoined as much as
possible to prevent it. In 1829, Commissioner- General Stocken-
strom went across the river, to put a stop to the trespass which
prevailed, and to see the order for the return of many famiUes
carried into effect. But as in the case of every successive move-
ment beyond the boundary for the time being, — fi.-om the period
when the Cape Colony was contained within the miUtary lines
about Cape Town, imtil it reached the Orange River and the
Keiskamma, — the efforts of the govermnent to check the advance
of colonization were unavailing. The northern farmers asked if
there was any law to prevent them hiring land across the Orange
River, or to deter them from sending their flocks to graze under
the Griquas ; and upon learning there was not, they adopted these
76 HiaioKY
courses, and maintained their position. Down to the period of the
great exodu3, however, the condition of those colonists who had
settled across the boundary caused little trouble or apprehension.
In 1833-4 a movement began which was essentially of a political
nature, arising from the discontent created and existing in the
minds of the old colonists inhabiting the frontier districts. The
new laws and ordinances passed relative to the Hottentots and
coloured classes generally, interfered with and restrained them in
the treatment of their households. The announcement of the
api^roaching emancipation of their slaves threatened to deprive
them of what they had been accustomed to regard as property.
Their barbarian neighbours, the Kafirs, were continually robbing
and plundering them,renderingtheir pastoral pui-suits unprofitable.
All these circumstances contributed to create among them a strong
feeling against the authorities, which they were at no pains to
conceal. They declared their intention to escape from the power of
a government which they did not understand or approve of; and
some of them applied for leave to cross the border, whUe others
moved off without any such permission.
The Commandant of the frontier. Colonel Somerset, as well
as the Civil Commissioner of Albany, brought the facts to the
notice of the Governor, Sir Benjamin Diurban, who at once issued
instructions to endeavour to remove the misapprehensions which
existed, and to allay the excitement which they caused. But this
had no deterrent effect : the emigi-ation continued to go on. Mr.
Oliphant, the Attorney-General, when asked if there was no law to
stop it, pointed out that there were only the old proclamations of the
Dutch Government against colonists crossing the border, or having
any dealings with the natives. "But," he said, " the class of persons
under consideration evidently mean to seek their fortunes in another
land, and to consider themselves no longer British subjects, so far
as the colony of the Cape of Good Hope is concerned. Would it,
therefore, be prudent or just, even if it were possible, to prevent
persons discontented with then* condition to try to better them-
THE GREAT EXODUS 77
selves in whatever pai-t of the world they please ? The same sort
of removal takes place every day from Great Britain to the
United States. Is there any effectual means of ai*resting persons
determined to run away, short of shooting them as they pass
the boundary Une ? I apprehend not ; and if so, the remedy
is worse than the disease. The Government, therefore, if I am
correct in my conclusions, is and must ever remain without the
power of eflfectually preventing the evU, — if evil it be."
Wise measures on the part of the Government at that time
might have directed and led the movement, and introduced among
the tribes beyond the Hmits of the colony a more civilized coloni-
zation, whose influence would soon have extended to the centre
of Africa. But, unfortunately, nothing was done. The emigi'ants
were laughed at for crossing the boundary "for freedom and
gi'ass ;" or spoken of as professional " squatters," who in the
boundless Inteiior saw scope for the indulgence of their natural
propensities. " The frontier Boer," said the ablest writer of that
day, " looks with pity on the busy hives of humanity in cities, or
even in villages ; and regarding with disdain the grand, but to
him unintelligible results of combined industry, the beauty and
excellence of wliich he cannot know, because they are intellectu-
ally discerned, he tosses up his head like the wild horse, utters a
neigh of exultation, and plunges into the wilderness."
The Kafir im-oad at the close of 1834, and the pillage and
destruction occasioned thereby, increased the discontent and
irritation. Not only were the frontier farmers subject to the
losses caused by the outbreak, but they had to sustain the
hardships incidental to the stern necessities of martial law during
the war ; their cattle, wagons, and provision supplies being taken
for the anny in the field, with a very distant and uncertain
prospect of any compensation being made to them. Even those
who were wavering in the hopes of a change in the frontier policy of
the Government, which wovdd remedy some of theii* grievances and
assure them security in their exposed position, at last despaired of
78 HISTOBT
any improvement, when Lord Glenelg's despatches were received.
Dnriug 1835-3C, the emigration assumed a large scale.
From Somerset, Cradock, and the Winterberg ; from Alexandria
and Uitenhage ; even from George, SweUendam, and Beaufort
West, — detachments commenced their march. They sold their
properties for what they would fetch, and taking with them what
they could collect in money, went off with their families, oxen,
horses and flocks, to seek their fortunes in the Interior.
The earliest emigi-ants were under the guidance of an old
Albany farmer named Louis Trichard. The next party elected
Gert Maritz, a Graaff Reinet burgher, as their head. After them
followed a number of families under the leadership of Uys^
Landman, and Rudolph ; and as they passed Graham's Town, the
British settlers visited their encampment, and presented them
with a folio copy of the Holy Bible, as a farewell token of their
esteem and heartfelt regret at theii' departui'e. To these there
succeeded, at the close of 1836, one who, from the high estimation
in which he was held on the fi'Ontier, was received and acknow-
ledged by all as their leader and chief. This was Mr. Pieter
Retief, a descendant of one of the old Huguenot families, who was
born and brought up in the division of the Paarl, near to Cape
Town, but had moved thence to the eastern frontier, where he had
been resident for nearly twenty years. He was a field-com-
mandant of the Winterberg district, and in that capacity had
made fi-equent representations to the authorities on the subject of
his own and his feUow-countrymen's grievances, which obtained
no redress ; and finally, after an u'ritating correspondence with
Lieutenant-Governor Stockenstrom, he openly joined the general
trek. On reaching the boundary, and before commencing the
pilgx'image into the wilderness, he issued a manifesto, declaiing
the motives of the emigi-ants for taking so important a step, and
announcing the relations in which they desired to stand towards
the colony and the native tribes with whom they might come iu
contact. This document, signed by Retief, " by authority of the
THE GEE AT EXODUS 79
fai'mers," stated , — " We quit this colony uudcr the full assurance
that the EngUsh Government has nothing more to requii'e of us,
and mil allow us to govern ourselves without its interference in
future. We propose in the course of our journey, and on arriving
at the country in which we shall permanently reside, to make
kno^^•n to the native tribes oiu' intentions, and our desire to live
in peace and friendly intercourse with them. We are resolved,
wherever we go, that we will uphold the first principles of liberty,
but whilst we will take care that no one shall be held in a state of
slavery, it is our determination to maintain such regulations as
may suppress crime and preserve proper relations between master
and servant." Then followed a statement of the reasons which
induced them to leave their native soil. The chief ground of
dissatisfaction, they said, was the losses to which they were sub-
jected by the emancipation of theii* slaves. They complained that
the same Government wliich had for years previously imported
and encouraged the sale of that species of property, and enjoyed
the consequent taxes and emoluments therefrom, now arbitrarily
deprived them of it ; and while promising full compensation, put
them off with only one-third of the value to which they were
entitled.* They complained also of the absence of laws to
suppress the evils of uncontrolled vagi'ancy, and, above all, of the
insecure state of the frontier, and the inadequate protection
afiforded the inliabitauts against the Kafirs, by whose incursions
theu- best farms had been laid waste, and hundreds of them re
duced to ruin. But there is no doubt several of them had been
influenced to join in the movement from other motives. False
rumours were circulated amongst the more simple-minded, that
Government intended imposing heavy taxes on all property, and
that the Church of the Colony was to become Roman Catholic ; —
* The slave compensation money was made payable in London; and agents had
to be employed to draw up the requisite form.s to obtain it. Many of the Boers
disposed of their claims to these agents for paltry sums, and others, in simple
ignorance, considered the whole thing a fraud, and refused to sign the documents
which would entitle them to the compensation, of which £5,000 remains un»
claimed in the hands of the Government at the present day.
80 HIBTOBT
others were led to believe that by tiavoUing noiiliward they
would get to Jerusalem, and that theu: emigration was neccs-
sai'y to the fulfilment of some parts of Scripture ; whilst many,
and probably the larger number, were influenced by the attractive
descriptions given of the beautiful country lying unoccupied and
disposable beyond the borders of the colony.
The number of colonists who thus voluntarily expatriated
themselves was vaguely and variouBly estimated at from 5,000 to
10,000 souls. The tide of emigration flowed across the Orange
river, and then followed a course for some distance parallel with the
Quathlamba mountains. By this route the warlike Kafirs on the
eastern frontier were avoided; the only native tribes passed
through being the disorganized bodies under the names of
Barolongs, Basutos, Mantatees, Korannas.Bergeners, and Bush-
men, occupying what is now the Orange Free State. Neai* the
Vaal River, however, the advanced Boer parties met wth the
powerful Matabele, under Moseleliatze, a warrior of the Zulu nation,
who had separated himself from it some ten years previously,
and settled in about latitude 26°, longitude 26°, destroying or
bringing under subjection the tribes he found there.
It is supposed that this sanguinary chief, having been frequently
attacked by the Zulu, Mantatee, and Griqua forces on his southern
border, was particularly jealous of any approach upon liim from
that quarter. The farmers, unaware of this disposition, continued
gradually to move onwards, quite unsuspicious of danger, when
their advanced party was suddenly attacked, and twenty-eight of
their number barbarously murdered, and their flocks and herds,
and even some of their children, carried ofi". After this
success, the Matabele attacked another small party, advancing at
a litUe distance from the former, and these also, being totally
unprepared, were unable to oflfer any efiectual resistance, and
some twenty-five men and women were also massacred, and their
wagons and property destroyed ; but a few of them fortunately
escaped to warn the numerous little parties, who were still spread
CONTESTS WITH MOSELEKA.TZE 18
about these vast plains, of the impending danger. They had
scarcely collected together, when they were attacked by a whole
anny of the Matabele, on the 29th October, 1836, and a most
desperate struggle ensued. The Boers, in defending themselves,
formed an encampment or "laager" by drawing their wagons
close to each other, either in a circle or a hollow square, lashing
their wheels together, and filling up the openings with thorn
bushes, which served as an excellent entrenchment, whence
they could aim at their savage assailants. The colonists,
being accustomed from their earliest youth to the use of their
powerful " roers," or elephant guns, were excellent marksmen.
In the open field their mode of fighting was, to advance on horse-
back within shooting distance without risk, — dismount, take their
deadly aim, fire, — remount quickly, and retire to load,— then
advance again, and so continue the slaughter. Upon thia occasion
the Matabele ferociously and with great cries stormed their
camp, rushing up to the wagon wheels, and throwing assegais
into the enclosure, killing two of the farmers and wounding
twelve. But the little band of Boers held then- position, and the
Matabele retired, sweeping away with them, however, the whole
of the cattle and sheep which the fanners had been unable to get
into their "laager."
Upon intelligence of these disasters reaching the main body of
the emigi-ants, who were then concentrated in the neighbourhood
of the mission station of Thaba Nchu (the residence of the Barolong
chief Moroko), it was resolved to take ample revenge for the
maasacre of their countrymen. In January, 1837, upwards of
100 farmers, together with an equal number of native allies,
headed by the leader Maritz, and another named Potgieter,
crossed the Vaal river, and advancing into Moselekatze's territory
attacked one of his principal military towns, Mosega, where they
killed several hundreds of his warriors, and recovered a large
number of cattle and some of the wagona which the Matabele had
taken to that place in triumph, after their first success over the
82 HISTOBT
small pai'tics of emigi-ants. Three American missionaries, Messrs.
Lindlej', Venable, and Wilson, witli their wives, who had com-
menced to labour amongst the Matahele, were at Mosega when
this attack was made ; they were ill and suffering from fever, and
di'eading the vengeance which the infuriated Moselekatze might
deal towards any of the white race, they retii'ed with the Boers,
who immediately made tlieii- way back with their captui'ed cattle
to theii- head-quarters on the Sand Eiver.
These occurrences impressed the emigrants with the necessity
of organization and combined action. For this purpose, Eetief
established a system of government based upon the old bui'gher
regulations of the colony in force under the Batavian Republic.
The commandants or leaders of each encampment were enjoined
to take care that small parties did not move away from the whole
body ; that proper guards were kept; that no servants, of whatever
class or colour, were to be ill-used ; that no person entrapped or
took away the children of Bushmen or other aboriginal tribes ;
and that all complaints and giievances should be investigated.
In addition to this, Retief concluded treaties of friendship and
alliance with some of the minor native chiefs, who were assured
tliat there was no intention unlawfully to molest any of them.
The condition of the several camps was at this time as satis-
factory as could be expected, considering the circumstances of the
heterogeneous assemblage — men, women, and children, with their
flocks of sheep, cattle, and horses. There was very little sickness.
Religious services were held morning and evening. There was
no want of pastui'age or water, — no scai'city of game, fish or
honey ; and supplies of corn, maize, and beans were readily
brought to them by the natives, in exchange for sheep, goats, and
skins. Troops of antelopes covered the plains, often mixing with
the herds of cattle. Lions, too, frequently made thcii" appearance ;
but war was declared against these destructive animals, upwai'ds
of 200 being destroyed by the travellers on theii* journey. They
thus pursued theii' com-se towards Natal. The country before
IN SIGHT 01? NATAL 83
them was practically unknown. They had been led to believe
tliat they would have to sku-t the Drakensberg until they could
round it, which would have brought them out to the northwai'd
neai' Delagoa Bay. Fortunately they sent out parties to see if
there was any possibility of crossing the mountain range ; and
these retm-ned, after an absence of twenty-five days, with the glad
tidings that at iive different points the formidable barrier might
be passed without difficulty. They then turned their faces due
east; but the tract of country between them and the Drakensberg
had been set on fire, — the high waving gi-ass was biu-ning furiously
and threatening danger to then- herds and flocks, especially as the
lambing season had commenced ; it was, therefore, resolved that
the encampment should remain where it was, whilst Retief and
some men proceeded into Natal, in order to visit the Zulu chief
whose territory it was supposed to be.
From the summit of the Drakensberg mountains, five or six
thousand feet above sea-level, Retief and liis followers looked down
upon a land of smgular beauty. There lay, stretched out before
them, a vast range of rolling billowy hills, with countless ravines
and water streams running between, extending to the Indian Ocean.
The upland ridges along the mountains were here and there marked
by a growth of timber trees, while the valleys and broader flats were
covered with luxuriant green pastui'es sprinkled with mimosa
thorns, and becoming more densely bush-covered towards the sea,
where the blue haze hung over it. A country of singular- beauty,
truly ; but almost entirely bare of human life. Over all its rolling
hUls and meadows, neai'ly 20,000 miles in extent, only a few
hundi'ed souls were living, the remnants of tribes whom native
wars had decimated and scattered, and whose numerous ruined
kraals bore evidence of the dense population which once occupied
it, in the peaceful and happy times when, according to Kafir
tradition, " the sun that saw tribes fight, never set until theu*
quarrel was ended."
More than three centuries and a half before this, the Portuguese
84 HI8T0KT
uavigator, Vasco de Gama, on liis first voyage to India, had
sighted the bluff headland of its only harboui-, and named it
" Terra Natidis." Later, in 1719, the Directors of the Dutch
East India Company proposed to form an establishment there,
and pm-chased territory for the pui-pose ; but beyond that no
further steps were taken. In 1824, Lieutenants Farewell and
King, and some other British subjects, endeavoured to colonize it,
opened a trade with the natives, and ui-ged upon the Governor of
the Cape (Lord C Somerset) the advantages of forming a settle-
ment there, but the Government declined the enterprise.
On the first arrival of these settlers, they found the country
under the despotic rule of the chief Chaba, who had raised the
Zulus from an insignificant clan to be a most powerful nation,
with a system of regiments and a standing ai-my. He was a cruel,
savage being, who steadily pursued one object, — to destroy all
other native governments, and exterminate such of their subjects
as did not choose to come under his rule. The fame of his troops
spread fai- and wide ; tribe after tribe was invaded, routed, and
put to death by them, either by firing their huts or by the spear,
and in a few years Chaka had paramount sway over nearly all
South Eastern Africa, fi*om the Limpopo to Kafiiaria, including
the territories now known as Natal, Basuto Land, a lai'ge portion
of the Orange Free State, and the Transvaal. It is estimated that
not less than one million human beings were destroyed during the
reign of this native Attila, between 1812 and 1828. His death
was, as might be expected, a violent one. He had sent a force of
30,000 fighting men eastward, towards Mozambique, and owing to
disasters, famine, and casualties, only 10,000 returned. On
hearing of this Chaka ordered the massacre of 2,000 of the wives
of the defeated army (among whom were those of his own brothers)
at the rate of 300 per diem. These atrocities aroused the revenge
of the Zulus, who entered into a conspiracy against the t}Tant. He
was assassinated by his brothers at his residence, "Dukusa," now
the vUlage of Stanger in the Umvoti district. Natal, where his
DINGAAN KECEITES THE BOEllS 85
grave still remains, a sacred place to the natives. It is said that
during his last moments, when he saw his assailants approaching
and knew his fate, he uttered the prophecy, since so thoroughly
fulfilled : "You kill me, — you think you will rule the country; but
I see white men coming, and they will rule it."
Chaka was succeeded by his brother Dingaan, who lacked most
of his predecessor's genius, all his generosity, but none of his
cnaelty. He was treacherous and bloodthirsty, and these charac-
teristics occasioifed much uneasiness to the small colony of
Englishmen who were trading with the natives at the port of Natal.
Captain Allen Gardiner, the " Patagonian Martyr," visited the
country soon afterwards, and succeeded in obtaining the chief's
consent to the introduction of missionaries into Zulu Land,
and also a power to exercise general magisterial authority over
the trading settlement. A formal treaty to this effect was executed,
and under these arrangements the Church Missionary Society sent
out a clergyman, the Rev. Mr. Owen, who was established as a
missionary at Dingaan's residence, Umgungundhlovu (the place
of the trumpeting of the elephant), situate on the Wliite Imfolosi
Eiver, when Retief and his party crossed the Drakensberg.
Dingaan received the Boers with apparent kindness. With a
smUe on his countenance he told Retief, " You do not yet know
me, nor I you, and therefore we must become better acquainted."
He seemed desirous of exhibiting his ai-my to his visitors to the
best advantage, and for two days had liis warriors in attendance,
displaying their manoeuvres. On the first day upwards of 2,000 of
his youths were assembled, and on the following his veterans were
exhibited to the number of 4,000. Their national dances and
warlike performances were exti'emely interesting. In one dance
the regiments were intermingled with about 200 oxen; these
were divided into twos and threes among the whole ai-my, which
then danced in companies, each with its attendant oxen, and all
in turn approached the chief, — the oxen, well trained, turning into
a kraal, and the warriors moving in a line from them. Retief was
86 HISTOEY
all this tinic anxious to accomplish the object of his mission, —
namely, to obtain the chief's sanction to occupy the unpeopled
pastui'es of Natal. But when he j)ressed the matter, he was again
told not to be hasty; he had come from a long distance, and must
rest and amuse himself. After some days, a formal correspondence
passed between himself and the chief, — Mr. Owen, the missionary,
being the medium of communication, and writing at the chief's
desu'e. In this correspondence, Retief reported the losses which
the emigrants had sustained from Moselekatzc ;"and Dingaan in
reply stated that he had sent out liis wamors to chastise Mosele-
katze, and acknowledged that some of the cattle taken belonged
to the farmers, and offered to return them. Dingaan at the same
time complained of an inroad having been made upon his countiy
by some marauders, wearing clothes and ha\'ing horses and guns,
and passing themselves off as Boers. Sikonyella, a notorious
freebooting Mantatee chief, was believed to be the offender ; but
Dingaan requested that Retief would prove his own innocence, as
well as his friendship, by recovering and retm-ning the stolen
cattle, and if possible the thief; when his application respecting
the land would be granted. Retief saw there was no help for it
but to undertake this expedition. " What can I do," he wrote to
his friends, " otherwise than leave our cause in the hands of the
Almighty, and patiently await His will. He will, I hope,
strengthen me to acquit myself of my difficult task as becomes a
Christian ; and although the duty which now devolves upon me
through the misconduct of Sikonyella is by me particularly
regretted, yet my hope is on God, who ^rill not forsake those who
put then- trust in Him."
As soon as Retief had executed his commission, by compelling
the Mantatee chief to restore the property of which he had
plundered the Zulus,* he i^repai'ed for a second visit to Dingaan,
• Retief accomplished this object by enticing Sikonyella from his mountain
fastness (the Wittebergen, near where Harrismith now stands), and detaining
him as a prisoner imtil be purchased his release with the restoration of the cattle.
DUTGAAN'S theacheby 87
intcuding to take with him about 200 mounted men to make a
demonstration before the chief. Maritz and others, however,
disapproved of this, as they doubted Diugaan's friendUness, and
feared that he would not let slip an opportunity of striking a blow
when he found them, too confident of safety, trusting themselves
ia liis hands, in his kraal and amongst his nation. Mai'itz, indeed,
gallantly offered to go himself, attended by only two or three men,
observing that "if they were destroyed, it would be quite enough."
Relief then agreed not to issue an order for anyone to accompany
him, but left it for such as might please to volunteer for the purpose.
In the beginning of February 1838, he left the encampment of the
emigi'ants, who had then crossed the Drakensberg into Natal, and
were commencing to separate into small parties about the Blaauw-
krantz and Bushman Rivers. His followers embraced the youth
and chivalry of the emigrant band, the hst containing the names
of Greyling, Meyer, Oosthuysen, Scheepers, Jordaan, Hugo,
Malan, Labuscagne, De Klerck, De Beer, Botha, Pretorius,
Klopper, Grobbelar, De Wet, and Roberts. They numbered
about seventy persons, armed and mounted, with thirty attendant
"achter ryders," or servants, with led horses. On their departure
they received the admonitions of several of their relatives and
friends, to be cautious, and however well-disposed they might find
Dingaan, never to be unanned or off theu* guard.
The wisdom of these admonitions was verified by the appalling
events which followed. Dingaan's reception of them was charac-
teristic of a savage barbarian. Base and treacherous, suspicious
of his visitors, jealous of their power, and dreading the neigh-
bourhood of their arms, yet unwilUng to attack them openly, — he
massacred them clandestinely. The particulars of their tragic fate
have been described in horrible detail, both by the European
missionary (Owen), and his interpreter (Wood), who were enforced
mtnesses of it. On the .3rd February, Retief and party ai-rived
at Umgungundhlovu, bringing with them the cattle which they
had taken from Sikonyella. An immense concourse of Zulus
88 UISTOEY
-were assembled to receive them. Dingaan, appaj'cntly satisfied
and pleased with the recovery of the cattle, feasted his visitors,
who exhibited their military manoeuvres on horseback, while the
Zula regiments again represented their mode of warfare and
dancing. Mr. Owen, at the request of the chief, drew up a docu-
ment by which he granted to Retief the country between the
Tugela and the Umzimvooboo, just as freely as he had granted
the same country some time before to Lieut. Farewell, Captain
Gardiner, and others of bis visitors. Things being thus amicably
arranged, on the 6th of February Retief was about to take his
leave, when Dingaan invited him and his party into his cattle
kraal, to witness a war dance, requesting them to leave their arms
at the entrance with their servants and horses. With this request
the unfortunate men comphed. Unsuspicious of harm, they were
seated on the groimd, partaking of native beer suppUed to them,
and witnessing the sham fight of the Zulus, who were advancing
in a circle near to them, when suddenly, at a preconcerted signal,
an overwhelming rush was made upon the farmers, before they
could get to their feet. A message from the chief was at the same
time sent to the missionary, assuring him of safety ; but from the
door of his hut he witnessed the dreadful spectacle of the Zulus
dragging theu- helpless unarmed victims to the ordinary place of exe-
cution, a blood-stained hUl, the death-place of thousands who had
been sacrificed to the caprice or fury of the chief. Mr. Owen and
the interpreter, together with the American mis.sionaries who were
then in Zululand, fearful of other evils at hand, decided at once
to leave the country, and after some difficulty were allowed to
depart, and happily reached the Bay of Natal, where they took
ship for Port Elizabeth.
Immediately after the massacre, Dingaan sent out his forces
against all the emigi-ants on the eastern side of the Drakensberg.
The Zulu army knew their position well, and attacked both the
eacampments, situated at the Blaauwkranz River and the Bush-
man River, about ten miles apart, at the same moment. The
MASSACEE OP B0EE3 89
onset was made before daylight, and many of the farmers at the
outposts were butchered ere they awoke, and others only opened
their eyes to close them again for ever. The foremost scattered
wagons were first surrounded, and the cries of the women and
children mingled with the report of the few shots that were fired
now and then. So perfectly taken by suprise were the encamp-
ments, that not a few of the parties in the vicinity upon hearing
the shots, congratulated themselves upon the circiunstance, think-
ing that Retief and his followers had returned, and were firing a
salute. No preparation for defence was made until breaking
dawn enabled them to see thek ferocious enemies in dense masses
around them. Then every one flew to arms, and a resolute
resistance was ofiered. Maritz, who was with one party, called the
people together, ordered the women to drag the wagons close to
each other, and then hastened with a few armed men to meet the
foe, who had commenced attacking the wagons in advance of
them. Nor was his wife idle ; she jumped out of her wagon and
quickly followed her husband, carrying in one hand a bag of
powder, in the other a bag of shot, and accompanied by her
daughter, aged 13 years, also laden with ammunition. Many
others of the women likewise ran the gauntlet of the enemy, carry-
ing powder and shot, and encouraging the men. No wonder that
theii" kindlier natures were changed, for the word "mercy" was
unknown to their assailants, who barbarously speared old and
young alike, seizing even helpless babes and dashing their brains
against the wagon-wheels. " Oh dreadful, dreadful night, when
so much martyr blood was shed," is the entry in the journal of
one of the survivors ; " it was almost unbearable for flesh and
blood to behold the spectacle next day, when the mangled
corpses of the dead were removed and buried." Throughout the
camps a hundred widows mourned for their husbands and their
children slain. The township which has since arisen near the
scene of the conflict, still bears the appropriate name of Weenen —
the place of wailing or weeping.
90 HISTOBT
As soon as Uys and liis pai'ty, who were on the west side of
the Drakensberg, hcai'd of the disasters which had befallen those
who had gone before, they immediately followed, in order to render
any assistance in their power, Uys was a man of good abilities,
and regai-ded by many as tlie best qualified to take the place of
Eetief ; but there were others who favoured Maa-itz, and a third
party were pai-tial to Hendrik Potgieter as a leader. The jealousy
between the adherents of each of these men threatened a division
among the whole body : but Maritz finding himself opposed gave
way to Uys, and Uys in tm-n agreed that Potgieter should be
equal in command. They mustered a force of about 800 men,
young and old, ready for action, on the 5th April, the date decided
by Uys and the English settlers at the Bay, who agreed to co-operate
with them in punishing Dingaan for his treachery\ The fai'mers'
movements all along their march were watched by Zulu spies,
who adroitly decoyed them into an open basin, where two or thi'ee
regiments were drawn up in column, and the ravines on all sides
filled witli others ready to fall upon the rear. The Boers, seeing
the enemy before them, gallantly rode up to the main body until
within twenty yards, and then fired, causing them to disperse in
confusion. In pui'suing, they committed a great mistake by
sepai-ating into small pai'ties, and the consequence was that they
found themselves surromided. Uys perceiving some of his party
in extreme danger, charged against the foe with a mere handful
of men and drove a whole regiment before him ; but on returning
to join the rest, another large body of Zulus, who had concealed
themselves in the gullies on each side of him, rushed upon him
and his few brave followers, and killed seven. By this time
Potgieter had begun to reti'eat. Uys and his son, a youth of
about 14 years old, had as yet escaped unhurt ; but whilst the
former stopped his horse to sharpen tlie flint of his gun, the enemy
approached and threw an assegai at him, which wounded him
mortally in the loins. He, however, pulled out the weapon, and
even took up another man, whose horse was knocked up, behind
DEATH OF UTS. 91
liiin ; but he soon fainted from loss of blood. Recovering again,
he was held on his horse for some distance by a man on each
side of him. At last he declared that he felt his end approaching,
and desired to be laid on the ground. He then said to his son,
and the other men about him, " Here I must die, yeu cannot
get me on any further, and there is no use to try it. Save your-
selves, but fight like brave feUows to the last, and hold God before
your eyes." Upon this they left him, but not before they sa-\v
that to remain longer on the spot would be certain death. After
galloping for about 100 yards, the younger Uys, on looking
round, saw the enemy closing in numbers upon his dying father,
and at the same moment he perceived liis father lifting up his
head. This was too much for the feeUngsofthe lad; he turned
round his horse, and alone rushed upon the enemy to compel
them to retreat, and shot three Zulus before he was hemmed in
by overpowering numbers and kUled.
Although Landman, Joubert, and others strove hard to recover
their position, the Boer force ultimately had to retii-e defeated,
Potgieter taking the lead in the retreat ; and after some time the
Zulus halted and gave up further pursuit. The coast force, com-
posed of the English settlers under the leadership of R. Biggar,
and accompanied by a number of natives, refugees from the
tja-anuic rule of Dingaan, were equally unfortunate. A portion of
the Zulu army, which was lying in wait for them, surrounded and
defeated them after a murderous engagement m which nearly every
European lost his life. The Zulus followed up then- success and
advanced as far as the port of Natal ; but the few settlers left
there, together -with the missionaries, escaped by taking refuge
on board a vessel, the Comet, then luckily lying at anchor in the
harbour.
The condition of the emigrants for some time after this was
miserable enough. The necessities of the widows and orphans
pressed heavily upon them, and when the winter months set in
jhey had to endure much privation and distress. Messengers
92 niSTOET
were sent out to the farmers west of the Drakensberg, appealing
for aid ; they met with fair promises, but no speedy fulfilment
of them. The Governor of the Cape Colony sent word to them
to return, and not a few of the Boers manifested a disposition to
comply with the invitation ; but on referring the matter to their
wives, these heroines utterly refused to go back until vengeance
should be taken on Dingaan for the innocent blood he had shed.
Tired of living in camp — in parties of 50 to 100 wagons, with
their horses, cattle, and sheep— it was resolved to try then- fortune
once more, and a " commando " was organized to go against the
Zulus before the close of the year.
The community was strengthened in the month of November,
1838, by the arrival of Andries Pretorius — a farmer from the
district of Graaff Reinet, of portly presence, shrewd energetic
character, and po.ssessed of considerable reasoning ability and
conversational powers, which secui-ed liini high distinction as a
politician. He was immediately chosen thcu- leader under the
title of Chief Commandant, and a force of about 600 men assembled
under his command, officered by Carel Landman, Pieter Jacobs,
Jacobus Potgieter, De Lange, and Erasmus. They crossed the
Tugela into Zululand, sending out spies to scour the counti'y, in
order to ascertain the position of the enemy. Not meeting with
any interruption, they proceeded on towards Dingaan's place of
residence. The journal of one of the members of the expedition
gives an interesting account of their doings from daj^ to day.
"Whenever the camp was pitched it was surrounded by the
wagons, fifty-seven in number ; all the cattle were brought within
the enclosure, the gates shut, and night patrols set. Rehgious
worship was regularly kept up, morning and evening, and even
oftener. These services were conducted, with appropriate hymns
and fervent prayer, by one of their number, Saarl CUliers, a
church-elder of the old Huguenot stamp, or like one of Cromwell's
Ironsides, always ready to lise from bended knee and charge the
enemy in the name of the Most High. The cliief commandant
DEFEAT OF DINOAAM". 93
himself sometimes addressed the commando "with great feeling,
exhorting them to behave with courage and place their rehance ou
God." Before the whole congregation he proposed a vow, which was
unanimously accepted, " that should the Lord be pleased to grant
them the victory, they would raise a house to the memory of His
great name, wherever it should please Him, and note the day in
a book to make it known to their latest posterity."*
On Saturday, the 15th December, the Boer patrols discovered
the Zulu army in front of them, whereupon they returned to the
camp, and made it secure. The next day, Sunday, was intended to
be observed peacefully ; but at early dawn of morning the enemy
was seen approaching in dense masses, to the number of nine or
ten thousand. They stormed the camp, endeavouring to tear open
the defences ; but the cannons discharged from every gate, as
well as the deadly fire of the defenders, rapidly decreased the
numbers of the besiegers. After two hours fighting, the com-
mandant, afraid of falling short of ammunition, ordered the gates
to be opened, and a charge to be made on horseback. This was
done, and the Zulus were routed and scattered in every direction.
Upwards of 3,000 were reported slain; while the farmers had
only three or four men killed, and as many wounded, — one of the
latter being Pretorius, who had his hand pierced with an assegai.
Fresh supplies of ammunition were issued, the camions and guns
were cleaned, and prayers and thanksgivmg ofiered up ; and next
day the commando proceeded ou to Dingaan's residence. They
found the place deserted, and the kraals of the chief, as well as
the principal part of the town, burnt down. Horrible evidences
of the massacre of their friends sun'ounded the spot where they
encamped. Their remains lay in heaps, and the skeleton of Retief
was recognized by some portions of his clothes still attached to it,
and his leathern hunting-bag, containing the document executed
* The Dutch Reformed Church was one of the first buildinge erected at Pieter-
maritzburg, in fulfilment of this solemn imdertaking.
94 HISTOKT
by Dingaan as the cession of the land between the Tugela and the
Umzimvooboo. The bones were gathered together and buried.
Diugaan, with the remnant of his force, retired further into
Zululand. There, soon afterwai'ds, his brother Panda revolted,
fled -with a large following into Natal, and sought the protection
of the Boers, who gave him the rank and title of Prince of the
Emigi-ant Zulus. Another and final expedition was made against
Dingaan in January, 1840, the farmers having Panda witli 4000
of his best warriors as an ally. Most of the work fell to the lot
of this native contingent, and by tlie 10th of February Dingaan
was a fugitive in the country of a hostile tribe, by whom he was
shortly afterwards killed, and the emigrant fai-mers were encamped
on the Black Imfolosi river, the conquerors of Zululand. On
that day Panda was appointed and declai-ed to be " King of the
Zulus," in the name and behalf of the Volksraad at Pietermaritz-
burg, where the Boers established theii' seat of government as
the " South African Society (Maatschappy) of Port Natal." Four
days afterwards a proclamation was issued at the same camp,
signed by Pretorius and four Commandants under him, declaring
all the territory between the Black Imfolosi and the Umzimvooboo
rivers to belong to the emigrant fai-mers. " The national flag
was hoisted," says a chronicler of the proceedings, " a salute of
21 guns fired, and a general ' hurrah' given tlu'oughout the whole
army, while all the men as with one voice called out, ' Thanks to
llie Great God wlio by His gi-ace has given us the victory.' "
The conquest of the " promised land " being thus accomplished
the emigrants thought their troubles pretty well at an end.
Tired of thou- nomadic life, and the insecurity and hai'dships
accompanying it, they sighed for peace and repose. But unex-
pected difficulties of another, and to them more formidable,
character than any they had yet encountered presented them-
selves.
The Government of the Cape Colony had witnessed their
depai'ture beyond the border without placing ony check in their
GOVEENMENT INTEEFEEENCB 05
way, or using any coercive measui-es to stop it. True, they cm-
j)loyed a field cornet — Mr. Joubert, a man highly respected and
known to most of them — to endeavour to reason them back as
mistaken and misguided children, but unfortunately without any
eflfect. The attention of the Secretaiy of State had also been
directed to the movement, and he announced the determination
of the Imperial Goverimaent to permit of no further British
colonization, or the erection of any independent states by its
subjects, in this part of South Africa. But when, at the close of
1838, authentic intelligence was received of the bloodshed and
devastation which had followed upon the massacre of Retief, the
position of the emigrants began to be regarded as pregnant with
evil not only to themselves but to the futm-e peace of the European
colonists generally. Sir George Napier, the Governor of the Cape,
was therefore induced to despatch an expedition to Natal, and to
throw the shield of military power over the inhabitants, civilized
and uncivilized, in that unhappy region.
His Excellency issued a proclamation stating that the sole object
of the Government was "to secm-e by such occupation the power of
effectual interference in maintaining the peace of Southern Africa
by such means and to such extent as shall hereafter appear- neces-
sary, and that for such end the occupation shall be purely military
and of a temporai-y nature, and not pai'ticipating in any degree ef
the nature of colonization as annexed to the crown of Great Britain,
either as a colony or a colonial dependency." The proclamation
further stated that His Excellency considered the occupation of
the territory of Natal by the emigi-ants " unwan*antable," and the
atrocities which had been committed, as " participated in, if not
originated by, theii' acts," and directed all aims and ammunition
of wai- to be seized, and the port to be closed against trade, except
such as had the licence of the Government of the Colony. These
words aroused angry feelings among many of the inhabitants of
the colony, whose sympathy for theii- unfortunate self-expatriated
countrymen had naturally enough been excited by the hardships
and sufferings which they had undergone.
96 HISTGBY
The armament despatched consisted only of 100 men of the
72nd Highlanders, under Captain Jer\-is, and ten men and an
officer of Artillery. The civil and military command was given
to Major Charters, R.A., who was ordered to use his utmost efforts
to stop the effusion of blood, prevent aggi-ession and protect the
oppressed, but without having recourse to military measures, unless
in case of resistance to his landing, or attack on his position. He
was at the same time empowered to use the commissariat stores
for the relief of any of Her Majesty's subjects whom he might
find in a state of destitution. On his arrival at Natal he found
a few English settlers there, who had collected about them a
number of natives, over whom they had constituted themselves
])etty chiefs. The most of the emigrant farmers wei'e absent in
the commando against Dingaan, but a few men were left in chai-ge
of the camp with the women and cliildren and their cattle.
Major Charters says : — "The Boers, in these camps, had buUt
huts for themselves ; a few of them were tolerably comfortable,
but generally speaking, there existed every indication of squalid
poverty and wretchedness ; and it was deplorable to see many
families, who, but a short time previously, had been living in ease
and comfort in the colony, now reduced to poverty and misery.
They bore up against these calamities with wonderful finnness,
however, and, with a very few exceptions, showed no inclination
to retui'n. They considered themselves unjustly and harshly
treated by the Colonial Government whilst under its jurisdiction,
and all they now desu'ed from it was to leave them to th§ir own
resources and not again molest them. This spirit of dislike to
English STi'ay was remarkably dominant amongst the women.
Many of these, who formerly had lived in affluence, but were now
in compai'ative want, and subject to all the inconveniencs accom-
panying the insecure state in which they were existing, having
lost moreover their husbands and brothers by the savages, still
rejected with scorn the idea of returning to the Colony. If any
of the men began to droop, or lose courage, they urged them on
THE EEPtrPLIC OF NATALIA 97
to freeh exertions, and kept alive the spirit of resistance within
them." Major Chai-ters left the encampment in command of
Captain Jervis, returning to the colony by the overland route
through Kafirland.
Shortly afterwards the Boers returned from their expedition
against Dingaan, and they were informed by Captain Jervis of
liis mission, the occupation of the port, and the seizure of the
ammunition found there, which he was ready to give up upon
their engaging not to use it in aggressive hostilities against the
natives. To this the " Assembly of the People " sent a reply that
they were at peace with the natives, and that theu' intentions
were of the most pacific character, but they refused to sign any
declaration, to obtain back their own lawful property, and they
protested against the possession of the port by the British
Government. The requirement made, and the refusal to comply,
might have produced disastrous consequences, considering the
weakness of the militai-y force ; but the moderation of the British
commander counteracted all ill-feeling, and a friendly intercoui'se
was maintained with the people xmtil at the close of 1839, when
the Government ordered the withdrawal of the detachment.
Captain Jervis, on taking his departure, said: "It now only
remains for me to wish you, one and all, as a community, every
happiness, sincerely hoping that, aware of your strength, peace
may be the object ofyom* counsels ; justice, prudence and modera-
tion be the law of your actions ; that yoiu- proceedings may be
actuated by motives worthy of you as men and Christians ; that
hereafter youi- aiTival may be hailed as a benefit, having en-
lightened ignorance, dispelled superstition, and caused crime,
bloodshed, and oppression to cease ; and that you may cultivate
those beautiful regions in quiet and prosperity, ever regai'dful of
the rights of the inhabitants, whose country you have adopted,
and whose home you have made your own."
The withdrawal of the troops was at once taken by the emigi'ant
fai'mers to be an abandonment of the tenitory by Great Britain,
98 HISTOKY
aud a tacit permission to them to establisli their owu iudepeudent
powei", They forth-with occupied the deserted buildings at the
Bay, fired a salute, and hoisted the flag of the " Republic of
Natalia." The rude form of government they had previously was
set aside, and they proceeded to constitute one according to their
own \'iews and wishes. They adopted the laws of Holland as in
force in the colony, except in matters of a local nature — which
were regulated by tlie resolutions of theii" general representative
council or " volksraad." Pietermai-itzburg, named after their first
leaders, was laid out as the chief town, in the form of a parallelo-
gram, a mUe and a half in length and a mile in breadth. Farms
were allotted to the people ; buildings were commenced, and
ploughing, sowing, and planting actively entered upon. Their
Council, meanwhile, were eager to learn whether their indepen-
dence would be acknowledged by the Governor of the Cape
Colony. A memorial was addressed to him, praying " the
honoured Government of Her Majesty the Queen to recognize
theii' settlement as a free and independent state, under the name
of the Republic of Natal and Adjoining Countries ;" promising
at the same time not to make any hostile movement to the detri-
ment of the natives, and to give every encouragement to the
spread of Christianity and civilization amongst the heathen. The
appUcation called forth a reply, that Her Majesty could not
acknowledge a portion of her owu subjects as an independent
republic; but that, upon their receiving a mUitai-y force from the
Cape their trade would be placed upon the footing of a British
possession. On the receipt of this communication, the leaders of
the emigi-ants re-asserted that they were Dutch South Africans by
biith; that immediately after they had left the colony they had
published their independence, and consequently ceased to be
British subjects, and they were inclined to remain upon the same
footing in the country which they had by their omi sufierings
legally acquii-ed. They were further encouraged in the idea of
forming a South African Commonwealth, by the arrival at Port
KEPUBLIC OF NATALIA 99
Natal of a vessel from Hollaud, with supplies, and the assurances
of the captain and supercargo that the protection of the King of
the Netherlands would be given to them. These unaccredited
individuals were forthwith welcomed and feasted with all possible
honour, and one of them, carried away by the attentions paid him,
promised, on behalf of his Idng, every neccssaiy political, military,
clerical, and commercial help to their entertainers.* The .simple,
ignorant Boers, whose enthusiasm was highly excited by these
exaggerated statements, subscribed a sum of money to enable the
supercargo to return to Holland direct, and secure the interpo-
sition of that country in favour of their independence. Passing
through the colony, he was arrested, and after undergoing an
examination again liberated, as no definite charge could be
brought against him.
The necessity of the Government putting forth its authority
was now urged upon every hand. The merchants of the Cape
Colony had repeatedly pressed the proposal made by them in 1834,
that possession should be taken of Natal, on a fail- and just basis,
with a view to the extension of colonization and trade. At home
the Aborigines' Protection Society had also advocated the step iu
the interests of hnmanity and civilization, and had recommended
the appointment of Sir A. Stockenstrom as a special commissioner
to arrange matters, both on account of his acquaintance with the
Boers, and his benevolent feelings towards the natives. But the
Imperial Govermnent was averse to any enlargement of the
ah'eady extensive territory of the Cape of Good Hope. The
additional expense of a new settlement, and the military force
which its maintenance would entail, were still regarded as highly
inconvenient.
While affairs were in this unsatisfactory condition, some pro-
* The representations made in the name of the Kiufj of Hollaud, were brought
to the notice of the Dutch Government, who, in a despatch dated November 4,
1842, informed Her Majesty's Secretary of State that the disloyal communicationa
of the emigrant farmers had been repelled with indignation, and that the Kin'^ of
Holland had taken every possible step to mark his disapproval of the unjustifiable
use made of his name by the individuals above referred to.
100 HISTOEY
jH-oceedings of the emigrant farmers created alann iii the colony.
Infoi-mation was received of a commando having attacked the
Bacca cliief Ama Capai, near the soui-ces of the Umzimvooboo river.
The peace of the colonial frontier was considered imperilled by
tliis act. Governor Napier, in consequence, pushed forward to
tlie borders of Kafirlaud a detachment of troops fi-om Graham's
Town, — 250 men, two field-pieces, and some of the Cape Corps,
under command of Captain Smith* ot the 27th regiment. After
remaining for some time in the neighbourhood of the menaced
tribes, the force was directed to proceed to Natal, to resume pos-
session there in Her Majesty's name.
In the beginning of May, 1842, Captain Smith with his little
anny aiTived in the vicinity of the Bay, near to where the town of
Durban now stands. Having taken possession of the port, and signi-
fied the presence of Her Majesty's troops to the Boers, he received
from them an order to " withdi-aw from tlieir territories, as they
were no longer British subjects, but an independent republic under
the protection of tlie Kiug of Holland." A burgher force of 300 or
400 men was at tlie same time assembled, and formed a camp at no
gi-eat distance from the British position. They began to straiten
and annoy the troops, and carried oft' a number of cattle belonging
to tliem. Captain Smitli determined to make a night attack upon
then- camp; and a detaclmient of liis men, with two field j)ieces,
advanced for this purpose. His intention was to take them by
sui'pi'ise, so as to secure their arms, ammunition, and horses, and
thus weaken them with as little bloodshed as possible. But the
Boers, apprised of the design, adopted a counter-sti-atagem. They
pcnnitted the detachment to pass unchallenged, to some broken
and bushy ground, when, in the clear moouHght, they suddenl.y
poui-ed upon them a heavy fire, causing severe loss to tlie
troops, — fourteen men and an officer being killed on the 8i)ot, and
about double that number wounded. The survivors, finding
• Now Licut.-Gen. T. H. Smith, one of the few eurvivora of Waterloo, vrhere he
ccn-ed in the 27th regiment.
THE TKOora oteepoweeed 101
themselves overpowered, returned to their camp, where they were
followed and surrounded by the Boers, who took the guns at the
port, and seized the few EngUsh soldiers and residents, sending
some of them as prisoners to Pietermaritzburg. At this jimctiu-c,
happily. Captain Smith was able to get a despatch forwarded to
the Cape, representing his position and asking for reinforcements.
The messenger was an English colonist named Eichard King,
who travelled through the heart of Kafirland, — a distance of 600
miles, — in ten days. The Governor instantly organized an expe-
dition for the relief of Captain Smith, who in the meantime main-
tained his position with enduring courage and true military spirit.
For a whole month he was hemmed in by the fai'mers, who
continued theu- attacks and bombardment from day to day. The
besieged several times sent out sorties against them, and fought
with great gallantry; but provisions in the little camp (where
there were no less than twenty-six woimded) were falling low ; —
half-allowances of biscuit-dust and rice, with execrable water, had
to be issued ; and the horses killed were cut up and the flesh made
into biltong (dried meat). With these supplies they were prepared
to hold out to the utmost extremity, rather than surrender to
the terms of the insurgents. On the night of the 24th June,
however, several rockets fi'om seaward assured them relief was
nigh. The reinforcements sent from the Cape by H. M. S.
' Southampton' and the 'Conch,' numbermg some 700 men, were
soon landed. The Boers fired upon the open boats with the
troops as they were entering the narrow chamiel to the harbom- ;
but a few shells fi'om the ' Southampton,' anchored outside the
bar, silenced them ; and when they saw the soldiers on the
beach, pulling down theii" "national" flag, the hostile bands
dispersed, retuing in the dii'ection of Pietermaritzbm-g.
Lieutenant-Colonel (afterwards Su- Josias) Cloete, who was in
command of the relief expedition, ofi"ered a fi'ee pardon to all the
farmers who were willing to return to theii' allegiance, with
the exception of such as had by their* conspicuous criminality
102 nisToar
forfeited all claim to clemency. The exceptions were Pretorius,
Prinsloo, Burger, and Breda ; and of these, Pretorius was subse-
quently included in the general amnesty granted. The commander
followed up the insurgents to their chief town, Pietermaritzburg.
where the Volksraad, at a special meeting convened on the 5th July
1842, formally tendered their submission to Her Majesty the Queen.
By the terms of the pacification, they were permitted to return
to their homes with their guns and horses ; they were assured pro-
tection £i-ora any attacks of the Zulus ; and that the tenure of the
lands occupied by them should not be interfered with, pending the
determination of the pleasui-e of Her Majesty. Their existing
civil administration and mstitutions were also left in full ope-
ration, -with the exception of jurisdiction over the port, which
was held in military occupation until reference was made to the
Home Government. Colonel Cloete's work was speedily done,
occup3-ing not more than two weeks. His prompt conclusion of
it was deemed highly satisfactory, but the leniency he had shewn
the insurgents, and the terms conceded to them, met with disfavor
among many of the colonists, who could not forget the sacrifice
of life occasioned by these misguided men. The Queen's Minis-
ters, however, entirely approved of Colonel Cloete's proceedings,
and confirmed the same, belie\dng that the moderation and
leniency exercised towards the Boers would tui-n their former
hatred to the Government into steady fidelity.
In December 1842, Lord Stanley, who was then the Secretary
of State, announced the course to be adopted in deaUng with the
territory and the numerous population thus brought into sub-
mission and allegiance. " Notwithstanding aU the faults of which
tlie emigi-ants have been guilty," he said, "I cannot be insensible
to their good qualities, nor to the past hardships wliich they have
undergone." He then proceeded to inform them that Her Majest}'
had been graciously pleased to bury in obli\'ion all past transac-
tions, and invited the unreserved expression of their opinions and
wishes in respect to the institutions under wliich they desired to
NATAL PEOCLAIMED A BEITISH COLONY 103
be placed, with an assurance that such expressions should receive
most favom-able consideration, and that the contentment of the
emigrants, rather than the abstract merits of the institutions,
should guide the decision of the government. Three essential
conditions, however, were required to be recognized and agreed
to, as indispensable preliminaries to British j)rotection, viz., — 1.
That there should not be in the eye of the law any distinction
or disqualification whatever, founded on mere distinction of color,
origin, language, or creed ; but that the protection of the law, in
letter and in substance, should be extended impartially to all alike.
2. That no aggi'ession should be made upon the natives. And 3.
That slavery in any shape or under any modification was abso-
lutely unlawful.
The Hon. Hem*y Cloete (afterwards Recorder of Natal, and later
the senior Puisne Judge of the Cape Colony), was delegated by
Governor Napier as a special commissioner to communicate to
the emigrant farmers this policy of Her Majesty's Govermnent,
and also to enquire into and report upou all claims to land in the
new settlement. Upon his arrival at Pietermaritzburg, he found
the country still in a very unsettled state, many of the more
violent and evil-disposed Boers endcavoiu-ing by threats and
elamour to intimidate the loyal and well-affected part of the com-
mimity. He, however, submitted to the Vollisraad the conditions
expressly required from the emigi-ants before the pri\Tleges vouch-
safed by the Queen would be conceded ; and, after a protracted
sitting, the members forming that body unanimously expressed
their acceptance of them.
On the 12th May, 1843, Natal was by proclamation declared a
British colony, " for the peace, protection, and salutary control of
all classes of men settled at and suiTounding this important portion
of South Africa."
VI.
Settlemejit of J\''atal and the Border States.
1842 to 1848.
Pioneers of the Transvaal — Trichard and Potgieter — Dispersion of tho
Emigrants — Disorders in the Orange River Territory— Proclama-
tion by Judge Menzies — Governor Napier's Treaties — Hostilities
between the Boers and Griquas — The Dragoon Guards at Zwart
Koppies — Governor Maitland's Treaties — Appointment of a British
Resident — Natal Affairs — New Government — Influx of Zulu
Refugees — Apprehended danger from Native locations — Pretorius'
Mission to the Cape Colony — His reception by Sir H. Pottinger
— Sir Harry Smith's friendly policy — Interview with the Trek
Boers — Proclamation of British Sovereignty over the Orange
River — Pretorius' Rebellion — Battle of Boomplaata — Resumption
of Sovereignty.
The assei-tiou and declaration of British sovereignty in Natal
.seut numbers of tho emigrant farmers back over the Drakcusberg
mountains. Many of them were irreconcilcably opposed to tho
Government; others were apprehensive of the consequences of
their share in the recent acts of revolt; and a few had personal
reasons for retiring beyond the reach of law and authority. A
portion of tliem settled down in the country between the Dra-
kensberg and the Orange Eiver, while the rest dispersed over
the unknown territory stretching uorth-eastMard beyond the
Vaal River.
PIONEERS OF THE TEANSYAAL 105
The first exploratory party under the Albany farmer, Louis
Trichai'd, who penetrated the wilderness in that dii-ection in 1834,
had escaped the savage armies of Moselekatze, and succeeded in
reaching Delagoa Bay ; but there many of them, after the toils
and hardships of their joui'ney, succumbed to the unhealthiness
of the cUmate. Out of eighty persons only twenty-five were found
surviving, in a destitute condition, in 1839, and they were conveyed
by sea to Natal, where their emigrant bretlu'en welcomed them.
The second attempt to occupy the coimtry was more successfully
made by Hendiick Potgieter, in AprU, 1838. After the engagement
with the Zulus, when the brave Uys lost his life, Potgieter and liis
followers recrossed the Drakensberg and proceeded over the Vaal
Pdver, where they settled and ebtablished the towa of Potchefstrom.
They found no difficulty in taking possession of the territory, for
the greater pai-t of it was lyiag waste, the haunt of wild game
and beasts of prey. The di-eaded chief Moselekatze had aban-
doned it, ha\ing fled north into the region between the Limpopo
and the Zambesi rivers, where his tribe, the Matabele, mider liis
successor Lobengulo now dwell. Those remaining were " weak
and broken" people, ruined by Moselekatze. They welcomed
the emigrants as then* deliverers from that tyi-ant's cruel sway,
acknowledging them as the governors of the country, and aIlo\ving
them to appropriate whatever gi-ound they required. As the
emigrants found tlieir strength increased by the accessions they
received from Natal and the colonial boundary, they asserted
more authority, — establishing their own form of government, under
commandants, landdrosts, and field-cornets, and dictating to the
natives encompassing them the laws which should prevail. These
laws were similar in character to the regulations which appUed,
imder the old Dutch Government, to the colored class in servitude
within the colony, — namely, that they should, when required,
give their services to the farme]?s for a reasonable sum ; that they
should be restricted from wandering about the country ; and that
no guns or ammunition were permitted to be in their possession
106 HISTORY
or bartered to them. Potgieter and Ms followers, in declaring
their new govenunent — the " Maatschappij," — claimed absolute
independence ; and when a proclamation i.-^sued by Governor
Napier reached them, stating that the emigrant farmers were not
released fi-om then- allegiance; to the Crown, and that nil offences
committed by British subjects up to the 25" of soutli latitude were
punishable in the courts of the colony, they resolved to abandon
Potclicfstrom. and moved further northwiirds. forming new settle-
ments at Zoutpansberg, Olirigstad, and finally at Lej'denburg,
whence thej' contemplated opening conimunication with the Portu-
guese port of Delagoa Bay. In these remote wilds, now fonning
the Transvaal, they were left to work out theu* own destiny,
without !i!iy iiitevrrrciice or ccmtrol.
The Colonial Govermnent had matters enough to engage its
attention nearer home. Tlie Orange Eivcr Territory was threat-
ened with all the evils of anarchy, confusion, and violence, sinular
to what had marked the earlier history of tliat psu-t of the Border,
when
The fire-h-aught firelock in the hand
Was the only law of the desert land.
Tlus unhappy condition of affaii's was a natiu'al consequence of the
absence of any superintending authority among the various races,
civilized, semi-civilized, and barbarians, who were jumbled together
there, acknowledghig no law but that of might, and no restraint
but such as sprung spontaneously from their own umuly \vills.
The native communities consisted of the Griquas. Basutos,
BaBtards, Korannas, BiU'olongs, and Mantatees ; but tlie Griquas
and the Basutos were the most numerous, and, being also the
most powerful, their chiefs made claun to paramount dominion
mtliin the respective; disti-icts which they occupied. The emigrant
farmers, who hom tinu; to tinu; took up their abode amongst them,
acknowledged tlie territorial right of these cluefs and people, by
generally ol)taining pennission to reside there, or paying a rent
for the occupation or lease of lands. The Griquas, with that want
JUDGE MENZIES' PEOCLAMATION. 107
of forethought and improvidence characteristic of the Hottentot
race, were easily induced to part with their properties— of which
they made little use themselves — for a stipulated numher of
years ; but no sooner did they see the new-comers reap the
reward of enterprise and industry, than they envied their pros-
perity, and sought to break the agreements entered into. Disputes
consequently arose, and the Griquas referred the matter of com-
plaint to their chief and his councU ; while the Boers, on the other
hand, disclaimed being amenable to their jm-isdiction.
Tliis unsatisfactory state of tilings was aggi-avated by the influx
of the discontented and disafifected from Natal. They and their
brethren had conquered Dingaan and Moselekatze, the most power-
ful of the savage cliiefs, and were disposed to treat contemptuously
both native claims and native valour. They denied that the
Griquas or Basutos had any more right to the lands than they
themselves, and considered that at any rate the territory should
be divided between them. One or two of the most violent endea-
voured to incite the farmers to assert thek independence ; and
with that object circulated stories that the Hollanders had arrived
at Port Natal, — that they were supported by the French, and that
all the English were destroyed. Such tales readily found ci'edence
with many of the poor Boers, whose condition at that time was
very deplorable, having been for years wdthout instruction, rarely
able to see a newspaper or book (except the Bible), and entii-ely
ignorant of anything happening beyond their o\vn vicinity. A
number of them were induced to follow the leadership of onn
Mocke, who, accompanied by a schoolmaster named Diederickse.
marched through the countiy levjing supplies, threatening th(^
well-disposed, and announcing their intention of declaring theii*
independence, and driving the Griquas into the Colony.
Adam Kok, the Griqua chief at Pliilipolis, at once appealed for
help to the nearest British magistrate, at Colesberg. Mr. Menzies,
one of the judges of the Supreme Court of the Colony, was there
at the time. He postponed the sitting of the Circuit Court, and,
108 HISTOET
accompanied by the magistrate, crossed the boimdary to remon-
strate with the Boers on theii* proceedings. At a place known as
Alleman's Drift, he met Mocke and his hostile band, who were
bent upon placing a landmark there to define the boundary
between the Colony and their new rcpubUc. Mr. Menzics admo-
nished them, called tlicm to their allegiance as British subjects,
and concluded the interview by reading a proclamation issued
tmder his owoi hand, declaring tliat he. in the name of Her
Majesty, took possession of all that tract of country in Southern
Africa Ijing to the eastward of 22° E. long., and south of 25° S.
lat. The proclamation, however, being at variance with the
instructions of Her Majestj-'s Govermnent, was immediately
afterwards repudiated by the colonial authorities.
This well-intentioned but most ii-regulai- proceeding on the part of
the Judge, serv'ed temporarily to check the action of the Boers, but
as soon as he had retu-ed and re-crossed the river, they erected theu*
beacon, declared the land theii* property, fired a salute from their
guns, and rode ofi". Shortly afterwards the Government received
information that a body of them had again assembled near
Philipolis, overa'wing and threatening the Griquas. A military
force was then moved from the frontier to the banks of the Orange
river, to put a stop to the lawless state of society existmg there.
Col. Hare, the Lieutenant-Governor, accompanied the troops and
arrived at Colosbcrg in January, 1843. He issued a proclamation
declaring liis intention of enforcing the unconditional submission
to the Government of every British subject beyond the boundary,
and offering a free pardon to all who at once returned to their
duty, with the exception of those who had been the leaders of the
late movement. A conference was held with some of the farmers,
who signed the oath of allegiance, and stated the giievances of
theii- bretliren across the river. They complained that the colonial
authorities allowed the Griquas to have the privilege of self-
government, while they denied the same right to the formers;
and they urged that their claun to the coimtry was quite as good as
GOVEENOK NAPIEE's TEEATIES 109
that of the Griqiias, who, like themselves, had emigi-ated from the
colony on the same errand, although perhaps a few years earlier.
To all of which the Lieutenant-Governor replied, that the
Govermnent was the natural protector and guardian of the native
tribes, and any one found injiuing them would be answerable for
it to the proper tribunals. The fanners, he added, were British
subjects, and if any of them were found fighting against British
troops, under a foreign flag or under a flag of their own, he would
liang them. After this prompt display of autlioritj', the tm'bulciit
bands imder Mocke, still unreconciled, moved off in the direction
of the Vet River, and the remainder settled down quietly on
theh* farms. The Lieutenant-Governor, and Colonel Johnstone
with the troops, returned to their ordinar}' duties on the eastern
frontier, leaving a small garrison of 100 men under Major Lamont
at Colesberg to watch proceedings.
The advocates of native rights lU'ged upon the Government at
this time, that it would be advantageous to the peace of the border
to enter into treaties mtli the Griquas and Basutos. The policy had
been approved of many years before by Lord Aberdeen, when he was
at the head of the Colonial Department. He had recommended the
cultivation of a fiiendly intercoiu'se with the principal native chiefs,
in order to induce them, in return for small allowances or presents,
to make themselves responsible for the good conduct of their fol-
lowers. In accordance A\ith this view, a treaty was entered into by
Governor SirB. Durban, in December, 1834, with Waterboer, by
wliicli the latter guaranteed the protection of his border from Khcis
to Ramah. It was thought that smiilar treaties with Adam Kok
and Moshesh would have the tendency to give them a position of
power and importance in the eyes of the Boers. Sir George
Napier, therefore, in 1843, concluded treaties with them, in effect
corresponding with the one made with Waterboer. The terms
were agreed to mth the Rev. Dr. Philip, in Cape Town, being
afterwards forwarded to the cliiefs for their signatiu'e. Adam
Kok engaged to protect the position of the colonial border opposite
no niSTOEY
his territory, extending from the neighbourhood of Ramah to that
of Bethidie. Moshesh also engaged to preserve peace in his
country, — his boiuidary being described "on the west fi-ora the
junction of the Caledon with the Gariep River, to the sources of
those rivers near the Bouta-Bouta ; on the south by the Gariep,
and the north by a line extending from about twenty- five to tliii'ty
miles north of the Caledon, except near to its source and at its
junction mtli the Gariep, where the lands of Bethulie and the
territory of SikonyeUa came close upon its northern bank." It
was acknowledged, however, that there were questions in dispute
as to the limits of Moshesh's territory, in wliich dispute Sir G.
Napier decHned to interfere, being satisfied that no declaration of
his could add to or take away any part of the chief's claim.
The relations between the Griquas and the Boers did not
improve after tliis. Their mutual dislikes caused a continual
irritation and distrust, which offered at any moment to provoke
a collision. Rumoiu's of threatened attacks on one side or the
other were perpetually circulating. Such was the excitement and
alann in 1844, that the people of PhUipolis, seeing what they
thought to be clouds of dust in the distance, prepared for hos-
tihties, but on sending spies to ascertain the strength of the
enemy, it turned out to be notliing more than a flight of locusts.
An actual casus belli at last occurred. The Boers, as aheady
stated, disclamied being amenable to Griqua jurisdiction, but such
natives living amongst or near them, as they charged \vith commit-
ting crmies against them, were summarily tried and punished by
themselves. One of these natives, who acknowledged Kok as his
chief, complained of having been flogged by his master for a theft.
The Griquas sent some men to arrest the Boer, to answer the
charge, which being resisted, an exchange of shots took place.
The Boers immediately went into "laagers" (or camps), and the
Griquas concentrated their forces round Pliilipolis. For some
months the warfare carried on was notliing more than mere
skinnishing. The combatants separated into small detachments.
THE DEAGOON GUAEDS AT ZWAET K0PJIE3 111
cndeavoui'ing to surprise and plunder one another, or exchanging
long shots, without any casualties occurring. On one occasion
(says a chronicler of the period) the opposing parties were firing
at each other from elevated ground, on each side of an open
plain, where a herd of springboks or wildebeeste Avere quietly
grazing between, heedless of the danger.
In 1845, a portion of the Boer commando attacked Philipolis,
captured some of the mission cattle, and two Bushmen herds
in the employ of Adam Kok were wantonly shot down. The Civil
Commissioner of Colesberg hearing of these outrages, crossed the
Orange river, and made a demand upon the Boers for the indivi-
duals who had shot the Bushmen, and for the return of the cattle
captured from the Griquas. These demands were refused ; and
the Government immediately took action against the Boers as the
aggressors. A company of the 7th Dragoon Guards, imder Lt. Col.
Eichardsou, and a few of the Cape Mounted Rifles, were moved
forwards from Fort Beaufoi-t, to cooperate with the infantry force
(the 91st Regiment) at Colesberg. Colonel Richardson, on arriving
at the Orange Eiver, finding that the negociations of the Civil
Commissioner with the insiu'gents had been unsuccessful, at once
advanced by a rapid march towards Philipolis. The main part
of the farmers' camp was at a spot named Zwart Kopjies, about
thirty miles north of Philipolis. The Griquas were in the act of
engaging them, when to their surprise, the Dragoons with their
gleaming swords made then- appearance. The Boers, panic struck,
instantly dispersed and fled to a rocky ridge, where they essayed
to make a stand. They were quickly driven from that position, and
pui'sued across the plain, where, but for the forbearance of the
attacking party, who charged them in extended oi'der, they must
all have been cut do-\vn. Most of the fugitives sent in flags of
truce the same evening, stating their wiUiugness to submit to any
conditions which the Government might impose upon them as
British subjects. Two English deserters were amongst the
prisoners taken; and on the gi'ound which the insui'gents occupied
112 IIISTOBT
a three-poimder gun was found placed ready for action, but before
it could be bi'ought into position it was seized, and the driver, a
Frenchman, shot through the head. The Boers who gave in
their submission declared they had never any intention of taking
up arms against the British troops : their quarrel, they said, was
only with the Griquas, who liad assumed an insolent beai'ing
towards them, from the countenance and encouragement afforded
by the Colonial Government. The infatuated leaders of the
insurgents, — Mocke, Kok, du Plooy, and Steyn, declined to sm*-
render, and inth embittered feelings towards British authority,
retired northward, in the direction of Winburg.
Sir Peregi-ine Maitland, the governor of the colony, who was in
Cape To%vn when these commotions occurred, travelled with all
haste to the noii:hern boundary, accompanied b}- the Attorney-
General, Mr. Porter. His object was to settle the existing and
prevent any further disputes, but without, if possible, extending
Britisli dominion. His excellency held conferences at Philipolis
with Adam Kok, and afterwards at his camp at Touwfontein \vith
the cliiefs Moshesh, Moroko, and others, whom lie induced to
conform to regulations which he thought would avert any collisions
between themselves and the inhabitants of Euroj)ean extraction.
His plan was to distinguish and mark off the lands to be held by
the natives from those to be held by the Boers, giving the Boers
duly-recognised leases of tlie lands they occupied, on payment of
a quit-rent, out of which the expenses of a government officer, to
be an umpire amongst them, was to be paid, and the remainder to
go to the cliiefs representing the tribes, as owners of the country.
The natives were thereby assured an equivalent for their waste
lands, and protection from aggi-ession on the part of the farmers.
With Adam Kok and the Griquas a formal treaty to tliis effect was
concluded in 184(;. Their territory was divided into two portions,
designated the Alienable and tlie Inalienable ; the former to be open
to lease or purchase by any colonists or persons of European
extraction, — the latter to be let or sold only to Griquas. The
NATAL AFrAIES 113
oonditions of occupation in the Alienable ground were, that the
imrties derived their riglits from a just and bona-fidc contract ;
that they fulfilled the stipulations of that contract ; that they
professed true allegiance to the Queen ; and that they undertook to
pay the annual assessment on theii* holdings to the British Resident.
It happened, however, that many of the Boers were at that time
settled on the lands defined as "Inalienable ;" and as they could not
at once be removed, their rights under their contracts were defined
as forty years' leases, from the date of the commencement of the
occupation, after the expiry of which they were to be obliged to
quit altogether. Some of these people had built upon, enclosed,
irrigated, and cultivated their holdings, yet no provision was
made for appraising or' compensating them for thek industry and
enterprise; while the Griquas anticipated ■with eagerness the
time when such properties would revert to them. Thus a source
of fixture trouble was left untouched. Nevertheless, the measures
adopted, and the appointment of a British Resident, with a small
force to support his authority in the arbitration of disputes
between the white and the native population, were regarded at
that time as a satisfactory settlement of the Orange River
difficulty.
We now again turn to Natal, once more unhappily threatened
with confusion and disturbances, from the unaccountable delay
on the part of the Imperial Government in deciding upon the
affairs of that new settlement.
During the interregnum from 1843 to 1845, the gallant
defender of the camp at the port — Captain Smith, who had
received promotion to the rank of Major, held occupation as
military commandant ; while the Volksraad, elected by the emi-
grant farmers, as the House of Representatives of the people,
attended to all civil and judicial matters. The uncertainty as
to the intentions of the British Government, — whether it would
abandon or retain the colony ; the divided form of administration
permitted to exist, and unfulfilled promises regarding claims to
114 nisTony
land, created mucli dissatisfaction. There was also tUstrust
and alarm occasioned by the influx of thousands of the
savage Zulu tribe, who were permitted to live in a state of
unrestrained fi'eedom.* Ever since the presence of the British
troops in Natal, these natives had sought refuge in the colon}-,
pouring in across the border to escape the tyranny and crueltj^
of thek chief Panda, who appeared to follow the system of indiscri-
minate murder for which his predecessors had been distinguished
Their overwhehning nmnbers created a feeUng of general
insecurity ; and the occupants of farms abandoned tlieir isolated
positions, declaring that all the evils of the Cape Kafirland were
being reproduced ai-ound them. The Boer Volksraad, after con-
sidering the matter, passed a resolution requiring the Zulus to
remove beyond the northern and southern frontier within fourteen
days after receiving notice to do so ; and they asked the military
commandant to co-operate in putting the order in force. To such
a sweeping measure, however. Major Smith objected. His special
instructions from the Governor of the Cape w^ere to prevent any
violent proceedings on the part of the farmers towards the natives,
and he urged the Volltsraad to wait patiently until the plans for
the future management of the settlement were made.
At length, in 1845, Sir Peregrine Maitland received final in-
structions from the Secretary' of State to constitute the territory
of Natal a separate government, under a Lieutenant-Governor
and Executive Council. Pie appointed Mr. Martiii West, Civil
Commissioner of Albanj', as Lieutenant-Governor, and that officer
reached Pietennaritzburg in December of the same year. The
European population of the colony was then ahnost reduced to its
origirial elements ; there was little trade and very little revenue.
• Judge Cloete, in his report to Governor Napier on the condition of the
natives in Natal in 18-li, stated that the native inliabitants would apjiear to have
amounted, on the first occupation of that territory, to no more than 3,000, of whom
upwards of 2,000 had placed themselves under the ])rotection of the Europeans at
the port. The remainder were found by the first emigrants scattered and dying
from starvation. But within two or three years afterward.*, an inllux of Zulus
took place, to the c.vtent of from 8o,(X>0 to 100,000. These have since increaBed
and multiplied to lietween 300,000 and 400,000 in 1876.
INFLUX OF 7XLV EEFUOEES 115
About one hundred tlunisand natives were spread over the
country, and their nnmbers were being continually augmented.
The emigrant farmers, on the contrarj-, were daily dmiinishing,
the disposition to "trek" once more becoming general ; and of
those who remained, some were obstinately disaffected, and others
aggrieved, because no provision was made in the new constitution
for representative government, while very extensive discontent
prevailed in consequence of the inisatisfactory settlement of land
claims and the long delay in issuing titles. To meet the political
cu-cumstances of the couutrj', Mr. West urged the increase of its
defensive and protective force ; which ISir Peregrine Maitland
promised, but imfortunately the Kafir war, in which the Cape
colony soon after was engaged, prevented the promise being fulfilled .
Meanwhile, to check the Boer migi'ation, which threatened to
allow the settlement to lapse again to the undisputed possession
of the savage, — the regulations respecting the gi-ants of land under
the proclamation of 1843 were relaxed, and discretionary power
given to the Lieutenant-Governor to issue titles to any desii'able
claimants ; to enlarge the size of the farms from 2000 to 6000
acres ; and if the applicants had not the means, to advance the
expenses of survey in certain cases. These concessions were
only partially successful. The difficulty of protection against the
increasing black population still remained; and the feeling of
insecurity was intensified by the report of a commission appointed
to consider plans for bringing the natives under proper manage-
ment and control.
The commission consisted of Mr. T. (now Sir Theophilus) Shep-
stone, who had for several years before had sole control of the
Fingoes on the Cape frontier; Dr. Stanger, Surveyor-General;
Lieutenant Gibb, R.E.; and the American nussionaries, the Rev.
Messrs. Adams and Lindley. The plan reconmiended bj' them was
in accordance with the suggestion pre%-iously made by Mr. Cloete,
that the natives should be placed on reserves, each to comprise fi-om
10,000 to 12,000, in different parts of the district. But its essential
116 IIISTOEY
feature was to establish at once among these communities qualified
European functionaries to control and guide them tlu'ough the
serious ordeal incidental to their progress from barbarism to civi-
lization. Upon this depended all the success of the scheme, and
the safety of the colony. The cai'rying out of it, however,
required money, and no money was to be had. The ruling policy
of the Government, — said Earl Grey, who was then Secretary of
State,— was to regard the question of expense ; and the local
autliorities were clearly given to imderstand that it was absolutely
necessary they should confine their views to the accomplishment
of such gradual improvements in the social state of the district
as might be introduced, •without looking to the mother country
for pecuniary assistance to more than a very moderate amount.
This settled the matter. The natives were left to themselves in
their locations in the enjo>nnent of their laws, customs and usages,
with none of the restraints of civilization bej'ond what the teaching
of Christian missionaries induced them to accept, or the single
efibrts of Mr. Shcpstone, as the head and centre of native admi-
nistration, was able to accomplish. The result has been such
troubles as the recent Laugahbalelo outbreak, and the Secretary
for Native Affairs' bitter retrospect in 1875 : " By neglecting to
invest money in the profitable occupation of improving, we have
been forced to lavish it in the vmproductive, miserable, melancholy
work of repression ; and the necessity for this last kind of expen-
diture win increase in the exact proportion in which we continue
to neglect the first."
The emigrant farmers still remaining in Natal in 1847, looked
upon the formation of these native locations as disastrous and
dangerous in the highest degree. They regarded the destruction
of the scattered white population as inevitable, the moment the
natives were unanimous in determining it. They therefore made
preparations for abandoning the colony, and joining their brethren
beyond the Vaal River, or moving further into the interior. But
before finally carr} ing out tlieir intention, it was decided by a
PEETOEIUS' MISSION 117
number of them to make an ax^peal to the new Governor of the
Cape Colony, who had come out armed with special authority as
Her Majesty's High Commissioner for the settlement and adjust-
ment of affiiirs in the territories adjacent to the frontier.
Mr. Andries Pretorius, then- former commandant and represen-
tative in the Vollisraad, was deputed to proceed on this mission.
He travelled on horseback overland through the Orange River
territory to the colony. On his way he met the disaffected
emigi-ants, who, under the leadership of Commandant Kok, had
their head-quarters at Winbiu-g; and one of their number,
C. du Plooy, was commissioned to accompany him, to give the
High Commissioner information respecting the condition of that
part of the country. The state of the weather and flooded rivers
made their journey a long and fatiguing one ; but they arrived at
Graham's Town about the middle of October. Su- Henry
Pottinger, who had succeeded Sir Peregrine Maitland as Governor,
was there, and they at once apphed to liim to grant them an
interview, and to give his patient attention and consideration to
the subject of the commiuiications they had to make. The
answer they received through the Governor's Secretary was
cruelly disappointing. His Excellency refused to see them
personally. Mr. Pretorius again requested an inter\dew, urging
the necessity of his case, the great distance he had travelled for
the purpose of seeing Her Majesty's High Commissioner, and the
bad effect which would be produced upon the minds of the
emigrant farmers if he retiu'ned to Natal without having accom-
plished the object of his visit. To wliich it was replied, tliat it
was unreasonable to exjpect His Excellency to enter into any
verbal discussion upon such important questions, and that what-
ever Mr. Pretorius had to say must be reduced to \mtmg.
The delegates then prepared written statements of then* griev-
ances, which were handed in. The first complaint was, the
injustice of the rejection of the claims of many of the emigrants
to farms granted them by the Volksraad of Natal, and title to
118 HISTORY
which liad been assured them by the proclamation of May 1843.
The second was, the wholesale and indiscriminate admission of
Kafirs, who were forcing the whites out of the country, and com-
pelling them to abandon even the fanns which had been given
them. " The inhabitants," said Pretorius, '"have in vain from time
to tune represented the growing evil, and sought protection from
the local government; they have lost all that is or can be valuable
to a farmer, — the sense of security for life and property and their
lands ; and they now await the result of tliis application to your
Excellency \\'ith the deepest anxiety." The grievances of the
inhabitants over the Orange river were also stated. Their dis-
satisfaction, whether justly or not, was said to have been caused
by an attack made upon them by the British Resident at Bloem-
fontein, wlio had disarmed many of the emigrants innocent of any
share in the recent poUtical disi)utes, and thus deprived them of
their chief means of support, shooting the large game with which
the country abounded. " Enquiry' into these matters," Pretorius
added, "is loudly called for, but it must not be a one-sided
enquuy. The emigrants must have fair-j)lay, — they ask for
nothing more ; and facilities must be given, not only to disprove
the allegations brought against them, but to substantiate whatever
they may have to advance, and ^vhich they never had an oppor-
tunity of doing."
To these communicatiuns Sir Henr}- Pottinger sent a written
memorandum in reply. The perusal of Mr. Pretorius' letter and
its accompaniments only strengthened the resolution he had pre-
viously formed, of not attempting to investigate the matters to which
tliey related : it would be perfect mockery for him to do so on the
eve of his leaving the culony. and he left the duty to his successor.
"I see Mr. Pretorius complains of my declining to see liim," said
Ids Excellency. " I think he will be convinced when he sees this
paper, that my doing so would have been of no use. I cannot
devote time to personal interviews ; and besides, it has been a
rule witli me, tlnuugh a lung pubhc Ufe, that -written communica-
INDIGNATION OF PBETOEIITS 119
tions are to be preferred, as utterly obviating misunderstandings.
In no part of the globe is that rule more necessar}^ than in the
colony of the Cape of Good Hope. With respect to the complaints,
of the emigrant Boers, and other persons beyond the north-east
frontier, I may remark, that I had long determiaed to visit, the
moment my other duties would allow me, that part of the country,
for the purpose of enquiring personally into the conflicting
accoimts and contradictory statements which are contained in the
voluminous papers transmitted to me from Cape To\vn, forming
a very large volume ; but of course tliis determination is no longer
possible, and aU I can do is to recommend the matter to the early
attention of my successor."
Disheartened and mortified at the refusal of the High Com-
missioner to grant a personal interview, Mr. Pretorius placed Ida.
grievances before the public through the press. The bitter tone
of his letters was very significant. " He took up his pen," he
said, '"to appeal to liis fellow men, trusting they would be better
able to understand his remarks than salaried officials, with whom
questions became too difficult when they came to matters in-
volving responsibilities." "Where," he asked, "was the Govern-
ment, with its power, when, surrounded -with miseries and
bloodshed, we found ourselves suddenly in the midst of cruel
barbarians ? when upwards of 400 men, women, and cliildren
were miirdered by these wretches. Yes, murdered, — uihumanly
murdered. Were we then not its subjects, when we were com-
pelled from oppression to quit the land of our birth, and plunge
unprotected into the wilderness ? And did we leave the country
before every means had been resorted to by memorials, petitions,
&G., to obtaiia redress ? Methinks I hear a voice exclaiming :
' It was your own choice.' True it was so ; and had the emigrant
farmers been left to themselves, they never would have regretted
that choice, as they could then have chosen for themselves a
Protector, with whom the word Protection has a veritable meaning.
How is it that since the arrival of the British soldier at Natal
120 HISTOEY
our inimber has not ho.cn increased by a single Dutch Boer,
although tlie country invited them with open arms bj' its beautiful
fields and fertile soil. Place against this the discomforts wliich
they must sxiflfer in the mlderness, and the question presents
itself— AVliat can the reason be ? Nothing else, Sir, but that
Her Majesty has extended her gracious Protection to Natal ; and
Protection, by the great majority who have bought experience in
the old colony, is interpreted Alienation. Oppression, Extermina-
tion ; and here you have tlie answer .... I resume my journey
to Natal to morrow with a heavy heart. The object for which I
braved every difficulty, and left my wife and family almost
improtected for a considerable period, I have not attained. I
have thus perfonned a long journey to no purpose ; and I go
back to my constituents to inform them that I have neither seen
nor spoken to the Lion of the Colony, Sir Henry Pottingcr ; that
I have not received a proper answer to my \mtten representa-
tions, — the document purporting to be such appearing to me
unsuitable, and the remarks contained in it so irrelevant, that it
is impossible for me even to conjecture what bad results may be
the consequence, when it becomes knowii amongst us. I return,
I saj', to abide the time when I shall surely see realized all I
have said about murder, robber}-, and the firebrand, perhaps to
sacrifice my life. But I have the satisfaction of knowing that I
raised my voice against ' misrule," the fruits whereof will be clearly
seen when it shall be too late to go back."
Pretorius thus gave expression to the elements of discontent
wliich had long rankled in tlie minds of the expatriated Boers.
On his way buck to Natal he received the marked sympathy of
his countrymen, and found wild and reckless men ready enough
to m-ge him on to more desperate proceedings. • His friends and
foUowcrs, immediately upon receiving tidings of the failure of his
mission, prepared to " trek ! "
Meanwliile tlie new Governor and High Commissioner, Sir
Harry Smitli, arrived in Cape Town. He had formerly been
AEEITAL OF SIR 11. SMITH 121
well known to colonists as Colonel Sniith, chief of the staff uuder
Sir Benjamin Durban. His rapid, prompt, and decisive action,
and his famous ride on horseback Irom Cape Town to Graham's
Town ui six days, on the outbreak of the war iia 1834-, had gained
hmi the acUniration of the farmers. Ten years of Indian service
since then had added to his fame as a soldier ; and his return was
hailed as the harbinger of bright and happy days. He entered
Table Bay on the 1st of December, 184.7, and before the month was
over he visited Kafirland, fixed the eastern fifontier boundaries,
concluded treaties of peace, and astonished the natives by placing
his foot on Macomo's neck and brandishing the sword of victory
over him, while he compelled the rebeUious Sandilli to kneel and
kiss his toe. "Men actually laughed, as awaking from a gro-
tesquely horrid dream, when they saw the Kons that had
tlu-eatened to tear out the heart of the colony thus converted into
dogs licking the feet of its governor."
Leaving the frontier in the enjoyment of peace. Sir Harry
turned to the task of settling the confusion and anarchy prevailing
in the extra-colonial territories. He resolved to visit them ; to
mix Auth the people, hear then- grievances, and, if possible, devise
measures to make them contented and happy. Everywhere along
his roiite to Bloemfonteiu he was received most cordially by the
colonists. Many of the emigrant farmers knew him as their
fonuer leader in 1834. They paid their respects to hmi, presented
addresses, and discussed the state of the country and its futnre
prospects. He told them that he visited them as a friend, not as
a governor ; and that if thej^ came forward as a body, or at least
a majority of four in five, and expressed their msh to Live under the
British Government, he would endeavour to aid them. He then
declared his intention to proclaim the Queen's authority as
paramount in the country, m order to secure and maintain peace,
harmony, and tranquility there. He proposed that tlie Govern-
ment, by its magistrates, should investigate and settle all com-
plaints or disputes respecting land , that the cliiefs should be
122 HISTOET
indemnified for all just claims to any ground occupied by the
emigrants ; and that all tho farmers on such ground should pay
an iinnual quit-rent, and give- their services in defence of Her
Majesty or her allies when required by the magistrate. The
revenue raised from the annual quit-rents on lands, he proposed
should be appropriated. — first, for the fair remuneration of the
native cliiefs, in lieu of any existing contracts or leases made with
the farmers ; secondly, for the expenses of the government ; and
any surplus to be expended for tlie exclusive benefit of those who
contributed to it. or in the erection of chm-ches and schools, or
in provision for ministers, the constrxiction of roads, and other
improvements.
These proposals were also communicated to the various chiefs.
Griquas. Basutos, Barolongs. and others, who were told that His
ExceUenc3''s object was to maintain inviolate the hereditary rights
of the natives, and to restrain the formers wdtliin the limits of the
lands tliey possessed. Moshesh gave liis assent to and approval
of the poli(-y, and was complimented by Sir Harry, who declared
to him, "he was unable to express himself as to wliich he admired
most, his feelings as a man or his magnanimity as a chief." Moroko
also agreed to the measure, and received the parting counsel :
" Moroko, you and Moshesh are two of the gi'eatest chiefs under
Her Majest}'. Keep peace, attend to your missionaries ; then
your cattle will get fat, and you wiU get to Heaven." With the
Griqua chief, Adam Kok. an arrangemojit was amicably agreed to
respecting the " inalienable" territory, b}' which the farmers holding
leases there were bound to quit at the termination of them, on
receiving from the Griquas the value of the buildings and im-
provements made by them ; and in tlie event of the Griquas being
unable to pay such valuation, the lessee was to be entitled to
remain, on paying a rental to be fixed by the land commission.
But a further condition was proposed by his Excellency, — viz.,
tliat the cliief should cede tlie right in i)crpctuity to all the leased
property in the " alienable " territory for an annuity of i*300 a-year.
INTERVIEW WITH THE TBEK BOERS 1 23
To this the chief demurred, as he possessed no power to dispose
of the lands of his people, who had rights in tlie soil as individuals.
His Excellency, in liis tempestuous fashion, turned chief and
council out of liis presence, and told them that unless the agree-
ment was signed before sunset, the chief would hang from the
nearest beam. Intunidated by this outburst, which was perfectly
natural to Sir Harry, Adam Kok entered into the arrangement'
vesting the control of his lands in the Government for ever, much
to the dissatisfaction of the Griquas. The Boer occupiers,
however, were thus secured by the Government in permanent
possession of their holdings, instead of liaving a doubtful and
precarious tenure.
Both Europeans and natives, as well as their missionaries,
having given a favourable response to his proposal for establishing
a formal and regular government, his Excellency, as High Com-
missioner, issued a proclamation on the 3rd February, 1848,
declaiing the sovereignty of Her Majesty the Queen over the
tenitories north of the Orange river, including those of Moshesh,
Moroko, MoUtsani, Sikonyella, Adam Kok, Gert Taybosch, and
other minor chiefs, so far north as to the Vaal river, and east to
the Drakensberg or Quathlamba moiiiitains. This, and a subse-
quent proclamation of March, 1848, contained regulations for the
government of the assumed sovereignty, securing to all British
subjects sojourning among the natives, the rights, institutions and
laws possessed by citizens in the colony ; and declaring that, as
U> the natives, Her Majesty's authority was paramount in all
international disputes as. to territory, but that the hereditary
rights of the chiefs and people should be maintained, as well as
then- own laws, according to their customs and usages.
From the Orange River territory, the High Commissioner
travelled on over the Drakensberg mountains to Natal. It was
the wet season m that region, scarcely a day passed without rain,
and the rivers were flooded. At the Tugela diift, he found the
encampment of Pretorius and his followers, who were trekking
124 HISTOET
with their flocks and herds, intending to cross tlie Vaal River.
Men, Avonien and children of all ages were crowded together in
tents and wagons, not more than half- sheltered from the wot.
Their miserable position moved the generous feelings of the
experienced soldier, accustomed although he had been to scenes
of war ; and describing their condition in an official despatch, he
said, " These families were exposed to a state of misery which I
never before saw equalled, except in Massena's invasion of
Portugal, when the whole of the population of that part of the
seat of war abandoned their homes and lied. The scene here was
truly heart-rending. I assembled all the men near me, through
the means of a Mr. Pi'etorius, a shrewd, sensible man, who has
recently been into the colony to lay the subject of dissatisfaction
of liis coimtrymeu before the Governor, where he was unfor-
tunately refused an audience, and returned after so long a
journey expressing luinself as the feelings of a proud and injured
man would naturally promj)t. At tliis meeting I was received as
if among my own family. I lieard the various causes of com-
plaint — some I regard as weU-grounded, others as imaginary, but
all expressive of a Avant of confidence and liberality as to land on
the part of Goverment. I exerted my influence among them to
induce them to remain for the moment wliere they were with
their families, which they consented to do. The scene exhibited
by about 300 or 400 fathers of large families assembled and
shedding tears when representing their position was more, I
admit, than I could observe umnoved, each exclaiming, " Our
friend Colonel Smith, we were living quietly under a government
ivbich we were ever attached to ; our loj-alty has been suspected,
our lands have been spai-ingly given or refused — we were not
even allowed to purchase. Kafirs have been located on our lands
and intermixed mth us. These are the causes which have led us
to abandon our houses, our crops standing, and the gardens
which we planted ■with our ovm hands, aboimduig in fruit and
produce. We arc seeking a home in the wilderness."
THE GOVEENOE's KINDLY MEASUEE3. 125
His Excellency at once resolved to make an eflfort to rescue
these unfortunate people lirom the course they were taking.
•'Strong cases," he said, "demand strong remedies." And he
forthwith issued a series of proclamations, having for their object
the satisfaction of the emigrants, which lie hoped would induce
them to remain in the country. He invited them to return to
the lands they previously held, assuring them that all would
receive possession and title of good and extensive farms mtliout
delay. He appointed a land commission, composed of Lieut. Col.
Boyes, D. Moodie, Esq., Captain Kyle and Mr. J. N. Boshoflf (one
of the emigrants) and their own leader, Andries Pretorius, to
receive claims and applications for such farms, Avith instructions
to deal liberally with every individual. To remove the dissatis-
laction arising from Kafir locations being intermixed mth the
original occupants of land, he declared that the coloured popula-
tion who had free locations given them must be removed, and a
distant line established between the two races. To put a stop to
the complaints of robberies by the Bushmen on the Drakensberg,
he authorised the formation of a Kafir police. And confidmg in
the good will and loyalty of all the emigrants, he directed the
Crown prosecutor to abstain fi'om mstituting any proceedings for
offences of a poUtical nature previously committed within the
district. Nor was this aU. Knowing how attached the farmers
were to reUgious worship, his Excellency informed them it was
the desire of Her Majesty to promote the erection of churches
and schools, and to moke provision for ministers and school-
masters. And as he ascertained that during the wanderings of
the emigrants -without any duly authorized minister in their
midst, marriages had been contracted amongst them, which were
not in conformity mth aU the requirements of law, a special
proclamation was afterwards issued legalising these marriages,
and thus conferring upon those who desired it, the important
advantage of establishing their children's legitunacy in the courts
of the Cape Colony, where by family tics many of these were
126 HISTOET
interested in the descent of colonial property. What more could
have been done ? Security, good faith, peace and happiness were
assured them; and contentedness, gi-atitude, loyalty, devotion
and attaclnncnt to tlie Government were fully expectedto develope
themselves.
By tlie 1st of March. Sir Harry Smith was back at the seat of
government in Cape Toato, welcomed as a successful pacificator
and benefactor, with pceans of praise from all classes of the
inhabitants.
"Fearless through Kafir bands
On mortal roiitiict bent.
The hero spilt no savage blood.
Yet ' conquered as he went.' "
" Throughout tlie Boers' lone camps,
Discord and strife now end ;
From furthest peak of Drakensberg,
They hail ' the Farmers' Friend.' "*
His meteoric progress over the length and breadth of the country,
all at once dispelling the idea of the unwieldiness of the settle-
ment and its dependencies, and the generous character of the
mission he had so triumphantly concluded — by clemency and
generosity restoring the blessings of peace and civihzation to the
sojourners on its remote borders,— were regarded as the most
signally-happy events South Africa had ever witnessed. His
Excellency's praise was on every lip, and his virtues were to be
symboUzed to future generations by an equestrian statue.
But the joy which enlivened the colony at large, from the new
policy adopted -nith regard to the emigrant farmers beyond the
Orange River, was of brief diu'ation. Within a month, news was
received that the High Commissioner's measures, however well
intended, had not been accepted in that spirit, and that some
evil-disposed persons were endeavouring to pervert their true
intent and meaning. Pretorius, it was stated, was at the head of
* LincB written by George French Angas.
siK H. smith's manifesto 127
these proceedings. At tlic interview held at the Tugela Drift, he
had impressed Sir Harry Smith with being loyal and honest,
although considerably excited by the refusal of an audience with
His Excellency's predecessor at Graham's Town. He had not,
however, accepted the appointment on the land commission, nor
returned to Natal with those who availed themselves of the
privileges offered by the High Commissioner's Hberal proclama-
tions. He threw in his lot -nith the more violently-disaffected
who were prepared to seek a home in the interior rather than
come under the British rule. At the Vaal Kiver he found others
determined to decline British sovereignty and to secure for
themselves the freedom of self-government. He held meetings
there, where their grievances and sufferings, and the short-
comings of the Colonial authorities, were strongly commented
upon. The people were persuaded to believe that they were
strong enough, if they were only united, to resist any interference
with them. They were told tliat the High Commissioner had
said " unless four out of five of the people desired British rule, he
would have nothing to do wdth them,'' and they were called upon
to sign addresses, and join in a plebiscite demonstration against it.
Some individuals even circulated a statement that if the farmers
were unanimous Panda and Moshesh would join them, and
Pretorius would restore Natal to his countrymen. By such
means the wavering were perverted, the timid were over-awed,
and even some of the well-disposed were induced to join the
stream from fear that an expression of feeling in favour of
British sovereignty, would bring vengeance upon their heads.
This unexpected turn of affairs created equal surprise and
regret among the colonial friends of the emigrants, who were
sensible of the misfortunes wliich such foUy and madness would
entail. A commission from the S^-nod of the Dutch Church was
deputed to visit them and administer such advice as was calcu-
lated to give happmess both temporal and eternal to themselves
and their offspring. This was followed soon after by a
128 HISTOET
•'maiiit'esto" from the Governor — a most remarkable melo-
dramatic proclamation, in which Sir Harr}' addressed tlu;
mal-contcnts as '• my Mends — my half lost friends and waverinfj
Christians," and after enmnerating all the benefits he had lately
confen-od npon them, asked them to contrast their miserable
condition in the wilderness, with the position of their cousins
and friends living imder the Colonial government — " happy and
contented, shipping wool and corn, selling horses, sheep and
cattle— enjoying aU the blessings of civilization and Christianity
— going to church on a Sunday witli their elegant spans of horses
and wagons, and their happy wives and cliildren."' Then warning
them against the consequences of any rebellious acts, he wound
up with the following exordium : —
" Oh ! how I hate and detest the name of war and commotion ! The
many battle scenes I have witnessed arise like phantoms to my
iraagmation. But as I abhor war, so will I terribly ^^^eld its power
if you drive me fi'om your affection. If you compel me to wield
the fatal sword, after all I have attempted for you, the crime be
upon your own heads ; and while my troops shall exult in victorj-,
I will weep, as you have seen me do, over the fallen, the defeated,
the deluded ; your lands shall be wrested from you, 5'our houses
destroyed, your herds swept off, your owii hearts blackened b}'
wicked ingratitude, and your faithful, your generous friend, who has
exerted himself for your exclusive benefit, turned into the Avenger
of Evil ! There are Limits to the extent of the most virtuous
feelings in this worldly and uncertain trial of life. Aid me, as
I desire you, to preserve them to us, and as in generous and
uncorrupted minds the superiority of religion carries us through
the calamities of this transient life, let us together thus pray : —
Lord of all power and might, disposer of all things, good and
evil, deign to look upon us frail and sinful creatures ; teach us
ivho are our true friends — preserve and strengthen us in all the
trials of temptation ; defend us from all the evil practices of
wicked mm; teach us to worsliip Then with our hearts, our
PBETOKIUS' IlEBELLION 129
minds, our soiUs, devoted imto thee through Jesus Christ ; direct
our hearts aud our actions towards our neighbour ; teach us so to
live that our course in this hfe may lead us to Life eternal ; teach
us to forgive our enemies and to love our friends ; teach us after a
peaceable Life to look forward to that reunion in Heaven, the
fountain of our hopes on earth, the happy place of rest for our
inunortal souls. When we must put off the mortal garment, and
lie down on the bed of death, let us be at peace with thee, O Lord,
at peace mth tlie world, and at peace with our own hearts ! ! !
This grant us, O Lord, oiu- God Almighty, through Jesus Christ.
Amen. — H. G. Smith."
Since the days of the Ironsides rarely had the Bible and the
broadsword been wielded in this fashion.
The circulation of the " manifesto," which was widely distributed
among the emigrants, had tlie good effect of restoring confidence
in the greater part of the Sovereignty ; and the appointment of
magistrates to the new districts into which the coimtry was divided
— Bloemfontein, Caledon, and Winburg, — strengthened the weU-
disposed and cooled the tm-bivlent. It was chiefly in the north,
between the Vet and the Vaal Rivers, that the disaft'ected Boers,
the "harde emigranten" were most numerous; and they were
borne up by the sympathy and support of tlieir brethren living
bej^ond the Vaal River. They clauned the territory from the Vet
to the Vaal, as having been pm-chased by Potgieter in 1838 irom
the Chief Makwana, for a few cows. "When the proclamation of
Sii' Harry Smith reached them, and they heard of the appointment
of the new magistrates, they held a meeting at Potchefstrom.
Their leading men were present — Pretorius, Kruger, Potgieter,
Kok, Botha, Delport, Spies, Prinsloo, Steyn, Lindeque and others,
and they adopted certam resolutions to be forwarded to the High
Commissioner. These were to the effect that scarcely one-eighth
of tlie inhabitants fi-om the Vet to the Vaal desii'ed to have a
magistrate ; that thej' hoped tlie Governor would desist fi-om the
threatened militaiy operations against them; that any hostile
130 IIISTOKY
measures would cause them to embark iu far more dangerous
exploits ; that all diifereiiees which might exist could be much
better redressed by the pen than the sword ; and they trusted
that liis Excellency, after mature consideration of the laud ques-
tion, would acknowledge the right of the occupants.
Not satisfied with tliis protest and appeal, some of the more
violent of their number endeavored to excite afresh the feelings
of the people to take iimnediate measures to " drive the magistrates
out of the country, and sweep Natal clean." A counter-raamfesto
was issued b}' Pretorius, setting forth that no faith could be put
in Sir Harry Smith's proclamation ; that the Government was
extending its ndc to convert them into soldiers for its own pur-
poses ; that it was useless for the emigrants to fly further into the
country, where fevers had killed so many of their fathers and
cliildren. and destroyed their stock, and where death was inevi-
table; — appealing to the women to send their husbands and sons,
and not to forget to offer up prayers for the coming struggle for
freedom ;— that having God before them, and the sword in their
hand, they must be successful ; and concluding with a threat that
those who did not jom would forfeit their lands and be subject to
l)unishnKiit by tlie war-council. The same persons also attempted
to form a combination with tlie native chiefs against British
authority.
Major Wai-deu, the resident of Bloemfontein, represented the
threatening aspect of afiairs ; but Sii- Harry Smith could not
believe there was any danger, or that the emigrants would assume;
a hostile attitude. Even in the middle of July, when Sir Audries
Stockenstrom comnmnicated to the Government a letter, pur-
porting to come from Pretorius, and revealing tlie deep and well-
laid conspiracy which liad been formed, his Excellency's reply
was: 'It is melancholy to see reaUy good people so deluded.
Their improving condition, I admit, is next to my heart, as I hope
all my acts towards tliem have demonstrated ; and notwithstanding
Pretorius' opposition, I am of opinion order advances rapidly, and
LETTER TO THE EE3IDENT 131
agitation is on the wane." Wliile these words were being written
in Cape Town, the insurgent Boers were actually engaged in
expelling aU the British officers and loyal inhabitants from the
territory north of the Orange River.
Pretorius had raised the standard of rebellion in the neighbour-
iiood of Winburg. The action of the Sovereignty Land Commission
in defining the boundaries of districts and the limits of farms, was
the alleged occasion of it. For weeks previouslj-, however,
emissaries had been incessantly employed moving about amongst
the farmers, stirring them up to make a bold demonstration.
Taking advantage of recent intelligence of the disturbed state of
Europe, they were told extravagant stories of the weakness of the
English, and urged that now was the tune to free themselves, or
they would presently be called upon to go in ships and fight for
England in other countries. Two hundred men were collected
from amongst the settlers beyond the Vaal river, — Potgieter
himself, however, kept aloof from the movement. As they advanced
towards Winburg their numbers were swelled by others assembling
from various quarters, — some who were peaceably-disposed joining
in order to save their properties from destruction or confiscation.
A great many of them were led to beheve there would be no
fighting ; that if they showed a goodly number opposed to the
Government, the British officials would withdraw.
On the 17th July, Pretorius appeared before Bloemfontein at
the head of 400 mounted men ; formed his camp at a distance of
about two miles from the village, and despatched the following
letter to the Resident ; —
" To Major Warden, British Resident, — As we have been true
and sincere friends to each other, and that for five years, and
whereas Sir H. Smith is obstinate as regards the majority being
on our side, I consider it my duty to shed as little blood as
possible. I shall therefore give you one hour to consider whether
you will give up tliis country, or whether I am to take it from you
by force. Many parts of the country have been purchased by the
132 UISTOET
emigrant farmers from natives, and wliicli natives do not feel at
all disposed to come under British rule. I have for the accom-
plisliracnt of this object brought with me into the field only 1000
of the many thousands of my ready and willing people.
" A. W. Pretorius, Comm. -General."
Major Warden's whole force consisted onl\- of 57 men, including
10 reci'uits, with 42 others, civilians, leaders and drivers of wagons,
and 8 deserters who had been amongst the Boers, but ihiding they
were determined on open rebellion had surrendered themselves
and were pardoned. He was also encumbered with 200 women
and children, and natives who had fled to the village for protection.
For some days before, efforts had been made to throw up some
kind of defensive work, but they were not considered in a condi-
tion to stand a siege from an overpowering enemy. Under these
circumstances, Major Warden, instead of holding his own or
attempting to maintain his position until relief came, accepted the
terms of capitulation offered him, — which were that the British
troops and inhabitants should evacuate the village within two
days, taking with them all their property, and proceed t(j Coles-
berg, Pretorius himself furnishing live or six wagons, or as many
more as might be required, for the purpose of conveying them
there. The civil functionaries at "Winburg and Calcdon were also
forced by bands of the rebels to retire in the same way ; and they
were accompanied by numbers of the respectable inhabitants, who
disapproved of Pretoiius' proceedings, and sought refuge in the
colony from tlie disorde)- and rum with which the country was
liireatoned
When tidings of those events readied Cape Town, no tunc was
lost in making military arrangements, suitable to the exigency.
The Governor, — likened to a thunder-bolt in presence of an
enemy, — acted wiih ciuirai-teristic promptness, and witliin an
hour or two after the news was icceiveii, orders were on tlie waj'
to the frontier for the march of troops to the Orange Piivi^-, wJiiie
he prepared to proceed overland himself to join them and t<ike the
BATTLE OF BOOMPLAITS. 133
command ; and at tlie same time a proclamation was issued, de-
claring Pretorius a rebel and offering iJ2000 for liis apprehension.
Travelling with his usual speed, his Excellency was quickly at
Colesberg, where a few days' detention occurred, while the troops
were being concentrated on the banks of the Orange. Her«
messages were received from Pretorius, who declared himself
" Chief of the whole United Emigrant Force," and asked the
Governor to come over and speak with him. He was informed
that the Governor " could treat with nor see no rebels in arms."
Pretorius and his adherents then began to realise their position
was a desperate one, and again wrote : — "Now, the Governor says
he will neither see nor speak to us rebels, but will treat us as
Pharoah treated the children of Israel, so that we have no chance
but to be destroyed by your cannon and great force, as we have
no father or representative. We will await our fate manfully."
But once more they requested his Excellency to come over and
speak to them, offering that every necessary assui-ance for the
safety of his person would be given. Sunday intervened, and on
the day following his Excellency replied, that if Commandants
Kruger and Bester desired to speak with him, a boat would be
sent to the opposite side to bring them over to Major Warden's
camp. Pretorius, however, refused to allow of messages being
delivered to any one but himself, as Commandant-General ; he
intimated that none of his followers should cross the river to the
British side ; and requested for the last time that his Excellency
would withdraw his Proclamation of Sovereignty in that territory,
for the}"- would never acknowledge the same. The Governor's
response was, " I will reply in person with my body- guard."
The passage of the river was at once commenced by the
imlitary force assembled, consisting of two companies of the Rifle
Brigade, two of the 45th E,egiment, two of the 91st Pieghnent, two
troops Cape Mounted Eifles, and two field-pieces, forming in all
between 600 and 700 men. No opposition was made to this
movement by the rebels, who retreated precipitately from the
134 HIBTOEY
river's bank, leaving even their meat half-cooked upon the fires.
A number of the Griquas, under Waterboer and Adam Kok,
joined as an auxihary force, and several friendly Boers, inspired
with confidence, accompanied the troops as they marched on ; but
no enemy was to be seen, and the country seemed entirely deserted
by its inhabitants. At length, on the 2sth August, it was ascer-
tained that tliey were encamped at Boomplaats, occupying a very
strong position behind a ridge of stony hUls, some running parallel
and others at right angles with the line of road. Sir Harry Smith,
dressed in Boer fashion, with broad-brimmed white hat, blue hip-
jacket, and cord breeches (just as he had met Pretorius and the
emigrants on the Tugela in February), accompanied the recon-
noitring party in advance of the main bodj' of troops. He gave
orders they were not to fire unless fired upon, and he had a strong
impression that none of tlie Boers would hft a gun against him.
Behind the cover of the " kopjes," or hillocks, the rebels were in a
state of consternation as they saw this force approaching. Pretorius,
it is said, retired to the camp, some distance off; but Commandant
Gert Kruger stood to his gun, and Andries Stander had his
marksmen ready behind the bushes and rocks. As the advanced
guard and the General with his escort were pusliing on, Kruger
in a bewildered manner asked, " What shall we do now ?" (Wat
zal ous nou doeu). Upon which Stauders excitedly replied, " Fire
away" (Blaas maar op.) In a moment the whole top of the ridge
was a-blaze, and the Boers, showing themselves, discharged a
heavy volley of musketry, their bullets dropping around the ad-
vancing squadron like a shower of hail. Sir Harry — for a moment
surprised by the fierceness of the lire and the sudden appearance
of tlie rebels, who, like the men of Roderick Dhu, —
" Sprung up at once a larking foe,
As if the yawning hill to heaven
A subterranean host had given," —
Quickly took measures to sUcnce and dislodge the enemy. The
lUile Brigade were brought into action to charge upon their left
PEETOEIUS KETREATS FEOM BOOMPLAATS 135
flank, the companies of the 45th upon their left centre, and the
^Ist on their right centre ; while the guns commenced operations
with effect upon the points where the rebels appeared most
numerous. Notwithstanding they kept up a rapid and well-
directed and destructive fire, they were pushed back from the
ridge of low hills to the neck of the higher ridge behind. They
made a bold effort to maintain their position on the pass, but by a
combined attack of the Cape Corps and the Griquas, and the gims
and infantry being brought forward, they were driven from this,
their last hold, and retired, firing shots as they dispersed, over
the open country beyond.
The action, which Sir Harry Smith described as one of the
most severe skirmishes ever witnessed, lasted for three hours.
Owing to the nature of the ground, which offered great advantages
to the rebels, Her Majesty's troops suffered severely. One officer,
Capt. Stormont Murray, of the Rifle Brigade, was mortally wounded
and died the same evening ; six others (Col. Buller,Capt. Armstrong,
Lieutenant Sales, and Ensigns Steele and Crampton) were severely
wounded, and H men killed and 39 wounded. The rebels left
dead upon the field 49 men, 12 of them having been killed by one
cannon shot. It was remarkaMe how his Excellency the Governor
came out unhurt, for, from the beginning to the end, he was
in the hottest of the fire ; and his private secretary, Mr. Southey,
whose courage in the field was also conspicuous, shared the same
good fortune. The unhappy Pretorius was one of the first who
led the retreat from Boomplaats. Shaking hands with his friends,
he said to them, " If you are overtaken, submit to the British
authority, as for you there is safety, but none for me. All is lost."
And he started off', accompanied by one or two of his relatives,
never resting until he got beyond the pale of the Sovereignty and
crossed the Vaal River.
Next day the troops followed up the insurgents, in the hope of
overtaking the main body and their train of wagons ; but after a
long march they found nothing but tired and wounded horses left
136 nisTOKY
upon the road. Their leader being gone, the rebel force dispersed
in various directions, to secure their own safety. Two of them
were made prisoners by some of the Griquas who were scouring
the plains in search of what they could find. One was a young
Cape farmer, named Thomas Dreyer, who had lost his horse and
was endeavouring to get away on foot ; the other, an Englishman,
Michael Quigly, a deserter from the 45th Regiment at Natal.
These two men were summarily tried by court-martial, found
guilty, and shot at Bloemfontein, and were buried on the very
spot where Pretorius had compelled Major Warden to sign the
capitulation of the country.
The High Commissioner then proceeded as far as Winburg,
where it was expected some disturbance might arise from the
disaffected ; but instead of that, the people readily came forward
to take the oath of allegiance and to sun-ender their arms if
required. Two of Pretorius' commandants, Paul Bester and Gert
Kruger, were graciously pardoned, but others had their properties
confiscated, and rewards were offered for their persons. And to
defray the expenses of the movement of the troops engaged in
suppressing the rebellion, fines were levied upon all who w^ere
known to have taken part in it. The 'war-tribute money" col-
lected amounted to over £10,000.
The insult offered to Her Majesty's authority having been
thus avenged. Sir Harry Smith, on the 7th September, 184^, re-
proclaimed British Sovereignty under a salute of 21 guns, and
reinstated Major Warden and the other officials at Bloemfontein.
A redoubt named the " Queen's Fort" was constructed there, and
ii small military force, consisting of two companies of the 45tli
regiment, one of the Cape Corps, and a few artillerymen with
three field-guns, wag left to support the authority of the Britisli
Resident. Shortly afterwards his Excellency pubhshed regula-
tions for the better government of the territory, establishing four
magistracies and constituting a local council, consisting of the
Resident and magistrates, and eight councillors nominated from
out of the landholders in each district. In communicating this to
CHURCH MISSION TO THE EMIOKAITTS 137
the Secretary of State, his Excellency remarked : — " It must not be
expected that perfect cordiality can at once be established among
men who have for so many j'^ears led so unsettled a life as those
emigrant farmers, — men. moreover, of strong prejudices, jealous
to a degi'ee of what they regard as their rights, constantly at
variance with one another, and evincing that want of couhdence
which I hope will be speedily removed by the measures in pro-
gress, aided by tlie ministers of the gospel and the churches now
actually in course of erection. The character of the Dutch
farmer is peculiar : he is kind and hospitable ; affectionate and
grateful for kindness when really convinced of its sincerity.
Distrust will, I feel convinced, soon give place to that feeling of
reUgion, piety, and morality which the social compact demands."
Knowing the high respect which the emigrant farmers had for
the ministers of their community, his Excellency encouraged and
assisted a mission from tlie Dutch Reformed Church of the Colony,
which was sent amongst them. The Rev. Dr. Robertson and
Dr. P. Faure were deputed by the Synod of the Church to under-
take this duty. Their journey was an extended and arduous one. for
they passed from the Sovereignty across the Vaal River, as far as
Majaliesberg, where Pretorius had taken up his residence. Their
communication with the exiles in the Transvaal had a most bene-
ficial influence ; they held religious services with them, baptized and
married many, both young and old, and administered the sacrament
of the Lord's Supper, the celebration of which had never been
witnessed by the emigrants since they had commenced their wild
and wandering Ufe. Some of the peojile showed a keen jealousy
of any interference witli them in political matters, and even
formed a very strong prejudice with respect to the signatures
required from such as desired to have their marriages registered,
imagining that they were thereby in some degree made British
subjects. But generally they gave a hearty reception to the
mission, and expressed their appreciation of the friendship and
interest taken in their couditijn and prospects by their colonial
fellow-countrj'men.
VII.
The Border States.
The Sovereignty — Moshcsli and the Basutos — Cannibalism — Native
Disputes — The British Eesident's Interference — The Engagement
at Vier Voct — Refusal of the Boers to perform Military duty —
Distracted Condition of the Country — Earl Grey's decision to
abandon it — Reversal of former Policy — Removal of Major
Warden and Recall of Sir Harry Smith — Assistant-Commissioners
Hogge and Owen — Policy of Non-interference and Non-encroach-
mont — Convention with the Transvaal Emigrant Farmers —
Moshesh and Sir George Cathcart — The Battle of the Berea —
Abandonment of the Sovereignty — Sir George Clerk's Mission —
Convention with the Free State — The Exodus of the Griquas —
Basuto Wars — Assumption of the Basutos as British Subjects —
Policy towards the Republics — The Diamond Fields — The Trans-
vaal — Opening up of the Interior.
In 1850, the Legislative Council of the Sovereignty, at the conclu-
sion of its sittings at Bloemfontein, congratulated the High
Commissioner on the improved condition of affairs in that territory.
Mercantile enterprise was extending itself into the Interior, au-
thority was respected, cruue punished, ministers and teachers had
been appointed, and a printing-press estabUshed, — all exercising
their influences over the minds of a long-neglected people, and
affording a reasonable prospect of the Government being the
honoured instruments of introducing social organization into the
heart of South AMca. This happy prospect, however, was soon
interrupted by the outbreak of hostilities between some of the
native trii)es, arising out of long-standing feuds, in which unfortu-
nately the British Resident became embroiled.
MOSHESII AND THE BASTJTOS 139
Territorial rights and boundary disputes were the causes of
these quarrels. The Basuto chief Moshesh claimed paramount
authority over the lands occupied by the Baralongs of Moroko,
the Bastards of Batje, and the Korannas of Taaibosch, and the
Mantatees of Sikonyella, while these chiefs, on the other hand,
assumed to themselves perfect independence.
Moshesh was the most powerful, as weU as the most astute and
sagacious of all the chiefs ; indeed, his whole Ufe and character
shew that he was one of the most remarkable barbarians South
Africa has produced. At the outset of his career, when all the
influential men of the country were carried away by the invading
armies of Chaka, he alone breasted the stream. He took refuge
on the top of Thaba-Bossigo, an isolated mountain of pentagonal
form, 400 feet high, with a tableland of two or three miles on the
top, its edges defended by a crown of perpendicular rocks, and
accessible only by five wide clefts, easily barricaded. There he
was known as " the chief of the mountain," and rallied round him
the wretched remnants of the broken tribes. The horrors of war
and famine had produced in his neighbourhood associations of
canrubals living in caves, who laid hold on men, women and children
wherever they could ; but his clemency towards them induced
them to abandon their abhorrent habits, and return to their
former position. By various acts of kindness, he secured the
attachment of fallen chiefs and representatives of families who
had formerly governed. One or two well-conducted expeditious
largely increased the number of his herds of cattle ; and with
these he purchased wives for the poor among his people, bestowing
pastures upon them on condition that the cattle received as pur-
chase money, in native fashion, for the female children when they
married, should revert to him. Thus he gained the goodwill of
his followers, and a source of ever-increasing personal wealth.
Even among the invaders of his territory he procured himself
allies by his peculiar diplomacy, knowing how to restrain and how
to yield at the right moment. Moselekatze's regiments on one
140 nisTOKY
occasion had attaclced his stronghold : they rnshed up its sides in
great numbers, but an avalanche of stones, accompanied by a
shower of assegais, sent them back with more rapidity than they
had advanced. Their repulse was decisive, and tlie Zulus had to
march away. At the moment of their departure a messenger
came towards them, driving some fat oxen, with the word of the
chief : " Moshesh sahites you, — supposing that hunger has brought
you into his country, he sends you these cattle, that yoii may eat
them on the way home." The Zulus were amazed. "This man,''
said they, '■ after having rolled down rocks on our heads, sends us
oxen for food. "We will never attack him again." And they
kept their word.
Moshesh had henrd of Christian missionaries, und he welcomed
the representatives of the Paris Evangelical Society, who visited
him for the first time in 1833. He did not accept their doctrines
himself, but he thought their teaching good for his people. From
tliis time a new era unfolded itself for his tribe ; thousands of
Basutos, dispersed by the misfortunes of past times, recovered
confidence, grouped themselves about the mission stations, and
augmented his power and influence. His country, where none
had been daring enough to venture, for fear of falling into the
hands of the dcvourers of human flesh, began to attract the atten-
tion of tribes upon its borders. Many natives from the Interior
who liad been plundered of their all, sought an asylum under his.
government, which was famed and respected for its wisdom and
moderation. Traders also followed in the wake of the mission-
aries, and began to dispose of their commodities. Some of the
emigrant farmers moving out of the colon)', were encoiu'aged to
sojourn for a while and occupy the depopulated lands aromid him.
Tlie chief said, "He admired the white people ; they might remain
for years if they liked."
In a short period the Basuto population increased in an asto-
nishing degree ; mountains and valleys became covered with
numerous villages, and the people pressed forward amongst tlie
KATIYE DISriTTES 141
aJjacent natives and European settlers. Then arose the questions
of international and territorial rights. Moroko, who ^vith the
Baralongs had taken up his position at Thaba Nchu, maintained
that he had paid Moshesh a quantity of cattle for liis land.
Sikonyella claimed the country occupied by the Mantatees as his
by right of conquest. Gert Taaibosch and Moletsani held theirs
by the right of the sword. The Boers, who had cultivated and
improved their farms, asserted that they had been assured peaceful
p.ossession of them, some in consideration of being a wall of
defence between Moshesh and the Griquas and Bastards, and
others because they had purchased the lands from the son of a
Basuto chief, whose family had formerly governed the country.
Moshesh, however, refused to acknowledge any of these claims to
territorial dominion. He asserted that the whole country was the
property of the Basutos : that no instances of selling or in any
way alienating land was known amongst them ; and that he had
■only granted his hospitality and protection to Morolco and the
Boers during their occupancy of the land. "' He had lent them
the cow to milk ; they could use her, but he could not sell the cow."
Sir Harry Smith's proclamation of sovereignty over these tribes
increased the rancorous feelings of rivalry existing between them.
The several chiefs arrogated the title and authority of independent
potentates, and looked to the Government to maintain their
rights. Through the missionaries, of whose councils they availed
themselves, they appealed to the British Resident for the support
of the Government. The Resident, having no sufficient mihtary
power to uphold his authority, called to his aid the Griquas and
the Boers, who held their lands according to the proclamation on
condition " that they turned out with arms for the defence of Her
Majesty and her Allies."
A game of confusion and turmoil, and much embarassment to
the British Resident, soon opened. Trespasses, depredations,
and collisions between the natives were continually reported —
the principal offenders being the free booting Sikonyella, and the
142 niSTOET
Batuug cliief Molitsani, an ally of Moshesh. An attack upon the
Wesleyan Mission Station of Umpukane was made by Molitsani.
The Resident raised a force to punish him, and called upon the
Moroko and the Baralongs to join it. The expedition was
successful, carrying ofi" several thousand head of cattle ; but hardly
had it retired than Moletsani, assisted by Moshesh, compensated
himself by an attack upon the property of Moroko, sweeping
off both his cattle and horses. Moroko having become a sufi'erer
through his obedience to the call of Wajor Warden, appealed ta
the latter for compensation for his losses. Moshesh was thereupon
required to restore the property, as his people had been chiefly
concerned in the robbery, and after some lapse of time he sent an
instalment in the shape of 2000 bull calves, in lieu of double that
amount of beautiful cattle, including a fair proportion of milch
cows, taken from the Baralongs. He promised more afterwards,
but time sped on. yet no further restitution was made — whilst
complaints of robberies and murders by his people were pouring
in from the Baralongs to the Government. The Resident moved
a few of the troops from Bloemfontein to protect Moroko at Thaba
Nchu, and collected an armed force of burghers, Griquas, Man-
tatees, and Korannas to proceed against IMoletsani and Moshesh,
and to compel them to give satisfaction for their aggressive conduct.
The commando attacked one of the villages under Moletsaui at
the Vier Voet Mountain, near Plaatberg, at the end of June, 1851.
The Baralongs. after taking the place and some cattle, remained
on the mountain plundering the huts and regaling themselves on
Kafir beer, when a large party of Basutos, under Moshesh's son,
who had lain concealed, suddenly fell upon them and destroyed
200, besides wounding many. The victorious Basutos, nimibcring
600 mounted men, then advanced to surround the troops, who had
covered the attack of Moroko's people. The officer in command,
Captain Bates, of the 45th Regiment, seeing the position to be a
critical one, gallantly dashed through them under an incessant
fire, and then halted and turned round upon them with his single
cannon, and thus held them at bay until he reached the camp.
THE BBITISH EESIDENT's INTEEFEBENCE 143
The Piesident now found himself committed to offensive opera-
tions against Moshesh's tribe, which numbered at the least 10,000
fighting men, whilst he had no adequate force to oppose against
them. The burghers refused to muster for such service. They
could not comprehend or appreciate the motives wliich induced
the Government of so powerful a nation as Great Britain to call
out farmers from their homes and lawful employments on the
occurrence of these chronic squabbles among the natives. MHitaiy
duty under such circumstances was extremely distasteful and
harassing to them, especially as in addition to their o'vvn personal
hardships and risks in the field, tlieir families and property were
exposed to be plundered and ruined by the tribes against whom
they acted. !Many of the farmers had already in this manner
suffered severe losses of their flocks — having been marked out by
the Basutos and their adherents for spoliation. A few of the law-
less and disaffected of their own countrymen were suspected to
have encouraged and shared the plunder. Those Boers who had
done their duty in obeying the orders of the British Resident were
especially harassed, particularly in the district ef Winburg, and
the clergyman of Bloemfontein (the Rev. A. Murray), who visited
that part of the country in October, 1851, wrote to the Resident,
" If immediate and energetic measures are not taken to restore
confidence, many of the more loyal farmers will trek through the
Vaal River. The Government party among the farmers , as more
than one said to me, will consider the Government as careless of
their interests, and many will leave the country despising, and I
had almost said cursing, a Government which they think will not
protect them while they have been suffering so severely for
adherence to it."
Whilst the internal affairs of the Sovereignty were in this
disturbed state, Su- Harry Smith had to cope vnth the Kafir war
on the eastern frontier of the colony, and could not spare any
troops. Fortunately the Governor of Natal, Sir B. Pine, was
able to render some assistance, On hearing that Major Warden
144 HISTOEY
required help, he directed two companies of the 45th Regiment,
and a Zuhi force of 700 men to march over tlie Drakensberg with
the least possible delay. These reinforcements soon reached
"Winburg, where their presence immediately gave confidence to
the well disposed, and stopped the plundering of the farmers.
The British Resident had been authorized by the High Commis-
sioner to prosecute the war until Mosliesh and Moletsani were
humbled, but his forces were still too weak to justify any aggressive
movement, and the Zulu contingent, impatient and weary of
inaction, took their departure back to Natal. The burghers pretty
plainly signified their unwillingness to join in any hostiUties
undertaken on account of the natives. Most of them pleaded the
excuse that their cattle wanted fresh pasturage, and moved off to
the most remote parts of the district. Out of 1000 able-bodied
men only 75 answered to Major Warden's call. " Two-thu'ds of
the Boers in the Sovereignty," he angi-ily wrote, " are in their
hearts rebels." Under these circumstances he felt that he might
as well try to fly to the moon as attempt to carry a war into
Moshesh's country without a very considerable addition to the
military force at his disposal.
Earl Grey was Secretary of State when the Governor's
despatches disclosing this condition of things reached England.
He at once called to the recollection of Sir Harry Smith the fact
of the assumption of Sovereignty over the Orange River Territory
having been very reluctantly sanctioned by Her Majesty's Govern-
ment, and then only upon the representation that it was generally
desired by the inhabitants, and vrith no other object than of
meeting their wishes and promoting their welfare. Now, as it
•appeared, the exercise of authority there was fallen into contempt —
as the inhabitants would not support it, but, on the contraiy,
desired to be relieved from it — and as no British interest was to
be served by endeavouring to maintain it, — he thought the sooner
the officers and force could be withdrawn the better, provided it
could be done without compromising the honour of the Crown, or
POLICY OF ENGLAND 145
neglecting the interests of its allies. '■ The ultimate abandon-
ment of the Orange Eiver Sovereignty," lie wrote towards the
close of 1851, to the High Commissioner, "must be a settled
I)oint of our policy. ... If you are enabled to effect this object,
you will distinctly understand that any wars, however sanguinary,
whicli may afterwards occur between the different tribes and com-
munities wbioh will be left in a state of independence beyond the
Colonial boundary-, are to be considered as affording no ground
for your interference. Any inroads upon the colony must be
promptly and severely punished, but, after the experience which
has been gained as to the effect of British interference in the vain
hope of preserving peace amongst the barbarous or semi-civilized
inhabitants of these distant regions, I cannot sanction a renewal
of similar measures."
The old and warmly cherished policy of England, based on the
great and noble principle that she was responsible for the conduct
of her subjects towards the aboriginal races amongst whom they
settled — •' the protector of the weak, the civilizer of the barbarian,
and the preacher of righteousness to the heathen " — was thus
suddenly reversed. It had been maintained for years at no small
cost of blood and treasure ; but it threatened if pursued fiu'ther
to indefinitely enlarge the demands on the revenue and military
force of the kingdom. To prevent any future complications, the
officers representing the Crown were interdicted in terms as
explicit as could be employed, from making or sanctioning any
extension, however small, of Her Majesty's dominions in South
Africa.
The accounts from the colony at this time created much
uneasiness in the mind of the Secretary of State. Additional
troops were required, not only for bringing the Kafir war to a ter-
mination, but also to maintain the prestige of the British arms
over the Orange River. Major "Warden was found to have com-
mitted the error of interfering too much with those he had to
govern. To this was attributed the embarassment and serious
146 HISTORY
danger which had arisen. He was therefore required to relinquish
and entrust to other hands his office and authority as British
Resident. Within a montli afterwards, Sir Harry Smith was also
discovered to be " equally deiicient in foresight, energy and
judgment" for the high position he occupied, and he was Ukewise
reheved of his functions as Governor and High Commissioner.
Among the errors of policy charged against him by Earl Grey
was, that he had allowed the administration of the Orange River
Territory to remain too long in the hands of an officer unequal to
the task, and that he had failed in securing the confidence and
attachment of the Dutch farmers, who, if properly treated, might
be rendered loyal and useful subjects.
Meanwhile two gentlemen, Major Hogge and Mr. C. M Owen
who had been associated with Sir Harry Smith as High Com-
missioner to assist him in settling the relations of the colony with
the frontier tribes, were sent across the Orange River to inform
themselves on the spot of the actual state of matters there, and
with full authority to act as any emergency might require. They
investigated the case of Moroko, and the obligations contracted
by the British Resident, and found the former clearly entitled to
compensation and protection. They next inquired into the cases
of the Boers who had been plundered by the Basutos and other
natives, and found them entitled to equal, if not more consideration
than Moroko. The grave question was how to get satisfaction
from Moshesh ? The cliief kept to his mountain stronghold, and
evaded all invitations to arrange the matter, He sent messages
that " he was no enemy to the Queen or the British nation ; that
his people at Vier Voet had only resisted an attack in self defence,
as it was the right of every man to do ; that he wished an inves-
tigation, for he had complaints to make of encroachments on his
I)eople's lands, but that he would not leave his place, as his
absence would be a signal for further disturbance. It was evident
to the Commissioners that the presence of a considerable armed
force was necessary to vindicate British authority, and rehcve it
AEEIVAL OF SIR Q. CATHCART 147
from the contempt with which it was regarded by both black and
white. The new Governor and Commander-in-Cliief, Sir George
Cathcart, upon hearing this, decided that as soon as the Kafir
frontier was secure he would forward a detachment of his army,
to show wth what rapidity and facility a force could be thrown
into the country at any time if necessary.
While the Assistant Commissioners were yet at Bloemfontein,
maldng efforts to establish affairs on a footing more in unison with
the wishes of the inhabitants, they received through accredited
messengers a communication from the emigrants north of the
Vaal River. The majority of them, — Pretorious among the
number — said they were anxious for peace and friendly relations
with tlie Government in order that their hands might be
strengthened in establishing order, and effectually checking the
agitation of a few reckless spirits who wished to make another
attempt at rebellion in the Sovereignty. The Commissioners
considered that the reconciliation of the emigrants to the Govern-
ment would doubtless have a favourable effect in checking native
hostihty, and encouraged the suggested negotiations. They at
once made use of the power provisionally entrusted to them by
the High Commissioner to rescind the proclamation of outlawry
against Pretorius and others. This act of grace paved the way
for a meeting with the delegates of the emigrants, headed by
Pretorius himself as Commandant General. The meeting took
place near the Sand River on the 17 th Januaiy, 1852, when a
convention was entered into on behalf of Her Majesty, allowing
the community north of the Vaal River to form such government
as might seem best to themselves. They were assured of non-
interference in tlie management of their affairs, and non-encroach-
ment on the part of the Government. This boon had been
virtually granted by Earl Grey's expUcit directions that British
dominion should not be extended, but the Commissioners were
able to make a favour of what must have soon followed as an
inevitable concession. The convention thus concluded was fully
1-18 IH3T0UV
approved of by Sir G. Cat heart as IIii;h Commis.sioner. The
confinuntion of it was one of tlie first arts of his administration,
and in the proclamation ratifying it, he expressed his hope that
the freedom which the emigrants were now graciously permitted
to exercise miglit result in lasting peace amongst themselves, and
in fast friendship with the British Government.
The follov/ing were the Articles of the Convention : —
I. — Tln> Assistant Commis>iioni'r< guar.intee in tlio fullest manner, on
the part of tlie British CTOvornnient, to the emigrant farmers heyond tlie
Vaal River, the rigiit to nianaLfe tiieir own affairs, and to govern tliem-
solves aceorchng to their own laws, without any interference on the part
of tin; British (iovernment ; and that no encroachment shall he made by
the said Government on the territory heyond, to the north of the Vaal
River: with the further assurance that tlie warmest wish of the British
Government is, to promote peace, free trade, and friendly intercourse
with the emigrant fivrmors now inhabiting, or who hereatler may inhabit
th it country ; it being understood that this system of non-intorferonce is
binding upon both parties,
2. — Should any misunderstanding heroafler arise as to the true meaning
of the words '' The Vaal River," this question, in so far as regards the
lino from the source of that river over the Drakenberg, shall be settled
and adjusted by Commissioners chosen by both parties,
3. — Her Majesty's Assistant Commissioners hereby disclaim all alliances
whatever and with whomsoever of the coloured nations to the north of
the Vaal River.
4. — It is agreed that no slavery is or shall be permitted or practised
in the country to the north of fhe Vaal River, by the emigrant farmers.
5. — Mutual facilities .ind liberty sliall be afforded to traders and
travellers on both sides of tli(> Vaal River; it being understood that every
wagon containing ammunition and tire-arms, coming from the south
side of the Vaal River, shall i)r (luce a certificate signed by a British
Magistrati- or otiier funetionary duly authorized to grant such: and
wliicli shall state the quantities of such articles containi-d in 'jaid wagon,
to the nearest Magistrate north of the Vaal Rivi'r, who shall act in the
case as the regulations of the emigrant farmers direct. It is agreed,
that no objection shall be made by any British authority against the
emigrant boers purchasing their supplies of ammunition in any of the
British colonies and possessions of South Africa; it being mutually
understood thiitail trade in ammunition with the native tribes is pro-
hibited both by the British Government and the emigrant farmers, on
both sides of the Vaal River.
G. — It is agrued, that so far as possible, all criminals and other guilty
parlies who may Hy from justice, either way across the Vaal River, shall
be mutually (Ulivered up, if such should be required, and that the British
Courts, as well as those of the emigrant farmers, shall be mutually open
to each other for all legitimate processes, and that summonses for
OPERATIONS AGAIKKT THE BASUTOS 149
■witnesses sent cithei- way across the Yaal Kiver, shall bo backeil l)y the
Magistrates on each side of the same respectively, to compel the attend-
ance of such witnesses when required.
7. — It is agreed, that certificates of marriage issued by the proper
authoritie; of the emigrant farmers, shall be held valid and sufficient to
entitle children of such marriages to receive portions accruing to them in
any British colony or possession in South Africa.
8. — It is agreed, that any and every person now in possession of land
and residing in British Territory, shall have free right and power to sell
his said property and remove unmolested across the Vaal River, and
vice versa ; it being distinctly understood that this arrangement does not
comprehend criminals, or debtors, without providing for the payment of
their just and lawful debts.
The Kafir war having been brought to a termination by the
submission of the chiefs, towards the close of 1852 Sir G. Catli-
cart turned his attention to the Orange River Territory. Whatever
might be the policy ultimately adopted with respect to retaining
or abandoning the country, he thought it was necessary to assert
the strong arm of autliority there. The new Resident, Mr.
Green, who succeeded ]\Iajor Warden, represented the continuanc^e
of petty warfare and reprisals on the part of the Basutos against
the Baralongs and the burghers. Moshesh had been called to
account, and positively engaged to make restitution of the cattle
taken by his people, but he had only partially fulfilled his promise
and evaded a final settlement. Many of his acts were reported
to be ominous of war. His Excellency therefore decided to move
into the Sovereignty without delay, and there, according to the
disposition shown bj' Moshesh, to decide whether to regard him
as a friend or an enemy.
By the beginning of December, 1852, a force of 2000 men —
of which 450 were cavalry, and the remainder infantry, with a
battery of artillery — crossed the Orange River and moved in the
direction of Moshesh's residence. The country through which
they passed was more or less a great undulating plain, out of
"W'hich, at some miles from each other, up started the most extra-
ordinary mountains with perpendicular rocky sides — some pointed,
some wth table laud, and some broken into various fantastic
.shapes. No inhabitants of any sort were to be seen until they
150 HISTOET
arrived at Platberg, where the native chiefs were suinmoned to
assemble. The Governor at once made a demand upon Moshesh
for 10,000 head of cattle, and 1000 horses to be delivered over to
the British Resident within three day's time, in order to be restored
to those from whom they had been stolen. The next day the
chief came liimself to talk. He spoke of peace : " Peace," he
eloquently said. '• is like the rain from heaven which nourishes
the land and makes the corn grow ; but war is as the hot wind,
wliich dries up the earth, and blasts the fniit of the soil." He
pleaded that the fine of cattle imposed on him was heavy, and the
time for collecting them short ; but the Governor reminded him
that ample time had already been given him, and that he had
failed to fulfil what he had promised. If the cattle was not at once
collected, then there would be war. " Do not talk of war," replied
the cliief, " for however anxious I may be to avoid it, you know
that a dog when beaten will shew his teeth I will go at
once and do my best, and perhaps God wiU help me."
On the day appointed for the delivery of the cattle by Moshesh,.
only 3,500 head were sent in, and as there were no signs of any
more approaching, his Excellency resolved on the 20th December
to move forward and chastise the Basuto chief.
Between tlie camp and Thaba Bossigo, there lay the Berea
mountain — an extensive table land with irregular precipitous
edges — upon which armed bodies of Basutos and droves of cattle
were seen. His Excellency ordered his force to march in three
columns. One, under his own personal observation, and consist-
ing of two companies of the 4:!rd Ilegiment, some guns, and a small
escort of the 12th Lancers and Cape Corps men — was to move along
the western base of the mountain. Another, under Colonel Ejtc,
was sent to sweep its summit ; whilst a third, under Colonel
Napier, with tlie cavalry, was to reconnoitre round the east side,
and afterwards meet and join the other two on the plains of Thaba
Bossigo, in sight of the chief's residence.
The B;isutos were evidently- prepared for defence; the full
SKIBMISn ON THE BEREA 151
strength of tlae fighting men of the tribe, under their captains,
was assembled. They were chiefly centred about Thaba Bossigo,.
but groups of them, well mounted, were visible closely watching
the Governor's movements, as the first column rounded the
southern angle of the Berea. Approaching one of these parties^
His Excellency advanced in person to give them an opportunity
of a parley, but he was answered by a shot, and it was only after
a couple of rounds of shrapnel were fired into them that they
rethed.. Noon was the appointed time for the junction of the
forces before Thaba Bossigo, but it was evening ere Colonel Eyre's,
detachment appeared, and Colonel Napier's never came at all.
The cause of this was not known until afterwards. The cavalry
force imder Colonel Napier consisted of 114 of tlie l2th Lancers,,
and 11!) of the Cape Mounted Eifles. They had a guide to lead
them along the valley on the northern side of the Berea, but as
they were proceeding they were attracted by a drove of cattle
going up a steep path of the mountain. They went in pursuit,
and got possession of a number. "When retiring with them, a
large body of the enemy suddenly fell upon them, cutting off many
of the rear-guard — the casualties reported being 4 non-commis-
sioned officers and 23 privates of the Lancers killed. With the
cattle captured, (some 4000 head,) Col. Napier and his men at once
returned back to the camp. Sir G. Cathcart, in his official
despatches, made no mention of the error committed, but in a
private letter to his brother, Earl Cathcart, he thus described the
afi'air: — " It was madness for Napier to take his cavalry up a
moimtain five or six himdred feet high, faced like Salisbury crags
all round a table surface of some three or four square miles, and
up which there are not above two or three passes practicable for
horses. They seem to have run wild after cattle, and the Lancers
who were rear-guard got into a mess by trying to get down tlie
mountain side by a water course, which they mistook for a path,
while the Basutos got down the right path before them and met
them in a fix."
152 IIISTOBY
Colonel Eyre, with 470 infantry and ."K) cavalry, took the centre
of the mountain, where the Basutos ])resented a herd of cattle in
view as if to entice him on. Tlie ascent was made in the most
spu'ited manner, up gi'ound all but inaccessible, and though
opposed and fired upon by the enemy above. Once on the top.
they saw great troops of cattle, of which they captured about
;iO, 000 head; but they found that 1,500 was as many as they
could manage to drive, and the remainder were abandoned. The
enemy did not oppose them in the least ; they seemed to have fled
out of sight. Suddenly, however, a number of mounted men,
some with white caps on their heads and bearing lances — which
caused them to be mistaken for the Governor's escort— appeared
in front. These were Basutos who had appropriated the uniform
of Napier's rear-guard, killed in retiring from the mountain.
Before the mistake was discovered several soldiers fell into their
hands, and amongst them a distinguished officer. Captain Faunce,
of the 7;3rd Eegiment.- The Basuto force rapidly increased until
it mustered 1 00 or 800 mounted men, who drew up in line iu
excellent order, and several times attempted to attack tlie column,
but daunted by the steadiness of the troops, and their coolness iu
Ij'ing down to receive them, tliey dared not approacli near. Colonel
Eyre, however, had hard v.-urk in lighting his way through, and
in descending from the heights, driving his cattle before him
towards the plain below, where his instructions requii-ed him to
proceed.
While these proceedings were taking place upon tlie mountain,
the Governor with his division, under Colonel Cloete, was
anxiously awaiting the junction of the columns apj)ointed to meet
liim at noon. Masses of the enemy's horsemen were observed
moving from the Thaba Bossigo poort, and extending along his
•"He behaved like a noble soldier and christian, handed his eword to the
enemy, and made signs to them to allow him to pray first, and then to kill him,
and knelt down, desiring to be killed in that position. They were speaking of
taking him to Moshcsh, when a crooked-leg wTetch came up, and saying ' they
wre killing our wives,' killed him with one blow."— Tide "Histoiy of the
BasutoB, (J. M. Orpcn, Esq.)
SUBMISSION OF UtOSIIESIT 153:
front. His Excellency was truly in a most critical situation.
Tli-i main body of the Basutog, some 10,000 men, were close by
ill the rugged ground under the mountain ; and the old chief
looking down upon the General and his little troop, exclaimed in
Sesuto, "IMorena a ka ! Morena a ka ! ga u tsebe ka mo u etsang
kateng" (My chief! My chief! you know not where you are
going). On the clearing away of a passing thunderstorm, the
whole force of the enemy was suddenly displayed ; but at the
moment happily Colonel Eyre's detachment approached and joined
that of the Governor. The Basiitos. chiefly cavalry, advanced
with remarkable boldness, essaying to surround the troops on all
sides ; but the admirable discipline of the British infantry, and
rounds of canister from the artillery, repulsed and overcame them —
and at 8 p.m. they retired with considerable loss. Eyre's soldiers-
shewed great courage and endurance m this engagement. During
the long and arduous day, from early dawn, they had not been
able once to halt for refreshment ; and the enemy never ceased
tiring upon them until long after dark. Their casualities were
eleven killed and eleven wounded. The Governor and the army
bivouaced upon the field, and when morning broke, as no enemy
was to be seen, they marched back, with their guns and captured
cattle, to the camp on the Caledon Eiver, a distance of fourteen
miles — intending to resume operations on the chief's residence in
the course of a day or two.
But Moshesh on the previous mid-night had held a council at
Thaba Bossigo, and dictated the following letter to the Governor :
" Thaba Bossigo, Midnight, December 20, 1852.
Your Excellency,
" This day you have fought against my peoi)le, and taken
much cattle. As the object for which you have come is to have a
compensation for boers, I beg you will be satisfied with what you
have taken. I entreat peace from you. You have shewn your
power ; you have chastised ; kt it be enough I pray you, and let
154 HISTOET
me no longer be considered an enemy of the Queen. I will try
all I can to keep my people in order for the future.
" Your humble servant,
'* MOSHESH."
The bearer of this, with a flag of truce, followed the Governor to
the camp on the Caledon. The letter was in the handwriting of
the chiefs son Nehemjah, who had been educated at Cape Town,
and spoke and wrote English perfectly. " On receiving this
document," says Sir George Cathcart, " I recognised an important
■crisis, in which one false step might involve the nation in a
Basuto war, and embarras the Government by perhaps irretrievably
compromising the free option as to their future policy in respect
to the retention or abandonment of the sovereign rights and
obligations of this territory, and at the same time leaving a state
of irritation and excitement which might aggravate and perpetuate
the evils I came to allay, and requiring an army of occupation to
-counteract the consequences ; whereas the abject and complete
submission of the enemy, the sincerity of wliich I have no cause
to doubt, and the forced payment of the penalty which had been
accompUshed and admitted, were all the solid advantages I could
ever hope to gain. Under these circumstances I thought it my
duty to accept the chief's submission without further prosecution
of the war." His Excellency accordingly returned the following
reply; —
" Camp, Caledon River,
"December 21, 1852.
" Chief Moshesh,
" I have received your letter. The words are those of
a great chief, and of one who has the interests of his people at
heart. But I care Little for words. I judge men by their actions.
I told you if you did not pay the line I must go and take it; I am
a man who never breaks his word, otherwise the Queen would
not have sent me here. I have taken the fine by force, and I am
satisfied.
PEACE RESTOEED 155
" I am not angry with your people for fighting in defence of
their property, for those who fought, and fought well, were not all
of thorn thieves, and I am sorry that many are killed.
" This is your fault, for if you had paid the fine it would not
have happened. I now desire, not to consider you, chief, as an
enemy of the Queen, but I must proclaim martial law in the
Sovereignty, to give to commandants and field-cornets power to
make commandos in a regular manner, and with the consent of
the resident, enter your country in search of plundered horses and
cattle that may be stolen after this time. And I expect you to
assist them, for though you are a great chief, it seems that you
either do not or cannot keep your own people from stealing ; and
among the cattle you sent as part of your fine, there were three
oxen the property of Mr. Brain, of Bloemfontein, stolen since I
crossed the Caledon River. Now, therefore. Chief Moshesh, I
consider your past obhgations fulfilled, and I hope that you will
take measures for preventing such abuses in futiire. In the mean
time, as the Queen's representative, I subscribe myself,
" Your friend,
(Signed,) " Geo. Cathcart,
" Governor."
" P.S. — Chief, I shall be glad to see either yourself or your sons
in the same friendly manner, and in the same good faith as before
the fight at Platberg, to-morrow or next day ; but I shall now send
away the army, and go back to the colony in a few day's time.
" G. C."
A proclamation was immediately issued by Sir G. Cathcart
declaring peace with the Basutos, repudiating for the future any
interference on the part of Government in native quarrels, and
giving the European population full licence to protect, secure and
recover their property according to the old colonial " commando "
system. The British camp at Platberg was broken up before the
end of the year, and within a fortnight afterwards the troops
were back in the colony. His Excellency's expedition beyond
156 IIISTOUY
tlic Oiange River had convinced him that, to obviate the risk of
serious consequences, Her Majesty's Government should come to
a decision either to abandon the Sovereignty or put in loroc the
letters patent granted by the Queen for its government under a
Lieutenant-Governor, and with a necessary force of at least 2,000
men to support his authority and keep in check not only the
burghers of questionable loyalty, but also the petty native tribes,
the Transvaal emigrants, and the jiowerful chiefs of the Zulus
and Basutos — Panda and Moshcsli. In either case His Excellency
^asked that some professed and able statesman of experience should
be sent out from J^ngland, at anj' expense, to relieve him of tlie
political duties connected with the accoinplishment of whatever
course might be determined upon.
These circumstances strengthened Her Majesty's advisers in
the determination to rid themselves of what appeared to be a
•costly and troublesome i)ossession. The project of maintaining
the country by a force of 2,000 men was at once pronounced to l>e
inadmissible. The abandonment of it was deliberately and
finally resolved upon; and to Sir George Russell Clerk, a distiH-
guished civil officer in the I'^ast India Comjiany's Service, and
former Governor of Bom1)ay. was entrusted the duty of carrying
the measure into elFect.
The announcement of tlie intended relinquishment of the terji-
tory was received in the colcny with regi-et and dismay. There
was no Parliament as yet in existence, through which the feelings
and wshcs of tlie people could be expressed ; but from the metro-
polis and the principal towns sevei"al memorials of the inhabitants
were iorwarded to the Secretary of State, praying that the step
should be delayed until more ample informati )n on the subject
could be furnished. Those mIio Avere acquainted witli tlie nature
and resources of the country were salislied that iiikU-i- a piojier
administration it would soon \iold a revenue fully adequate to all
the requirements of its government ; and that the character of tlie
people was such that, if they were only permitted the free control
AEKANCJEMENTS FOE SEPARATION 157
of their own affairs, without stripping them of their allegiance, no
community in the world could be more easily managed. Others
regarded the retrograde step of dis-Britishing this portion of Her
Majesty's possessions as calculated to destroy confidence in the
stability of British rule in all parts of South Africa. And not a
few were apprehensive that the disastroiis consequences would
be a resumption of cruel and intenninable wars between the
natives and Europeans beyond the Orange River, which might
endanger the peace and security of the colonial border.
In the meantime the Special Commissioner, Sir George Clerk ,
reached Bloemfontein early in August, 1853, and at once invited
the inhabitants to elect delegates or representatives, to meet in
convention in order to arrange the bases of separation and the
future form of their relations with the British Government. All
the English residents, and a number of the farmers forming this
assembly, opposed the ai'rangements for abandonment by every
I)ossible means. They clung to the hope that the memorials and
representations sent from the colony would induce the home
government to reconsider its decision. With this view, two
gentlemen acquainted with all the beai-ings of the subject, — Dr.
Eraser and the Rev. A. Murray, the minister of Bloemfontein, —
were sent to England to urge upon the Secretary of State the
impolicy and injustice of the proposed measm*e. But their
mission, as well as the representations of the colonists, proved
ineffectual. The despatches of Sir George Cathcart and the
Special Commissioner weighed against them. These represented
the Sovereignty as a great gaming-table, in which the merchants
of the Colony were interested; that the Government officials,
with only one or two exceptions, had eagerly engaged in land
jobbery, and the whole thing was a bubble and a farce. " The
more I consider the position of the territorj'," said Sir George
Clerk, "the more I feel assured of its inutility as an acquisition.
It unquestionably has some attractions; its climate is very-
superior ; the herds of game are abundant ; the Dutch settlers
158 HISTOEY
nnd tJieir families rarely live upon anytliing else whatever, —
lience, owing to this almost universal practice, and other most
thrifty habits, they are enabled in some instances to accumulate
tlocks and money to an extent wliich in a community of this kind
is considered wealthiucss. But it is nevertheless a vast territory,
possessing nothing that can sanction its being permanently added
to a frontier already inconveniently extended. It secures no
genuine interests; it is recommended by no prudent or justifiable
motive ; it answers no really beneficial purpose ; it imparts no
strength to the British Government, — no credit to its character,
no lustre to its crown."
The agitation respecting the withdrawal of British authority,
and the declaration of Sir G. Clerk that it was finally resolved
upon, encouraged those who desired to be freed from its conti'ol,
to come forward and declare for an independent republic. Standers,
Groenendal, and otlier leaders, held meetings, at which the doings
of the first assembly of delegates, and the deputation to England,
were repudiated. This party placed itself in communication witli
the Special Commissioner, otiering to co-operate with him in
carrying out tlie impending change, — "Not," they said, "because
they regarded tlie British Crown with any antipathy ; their dis-
content arose with the mis-government of Her Majesty's servants."
The Commissioner thereupon dissolved the first assembly of
delegates, and summoned those of the inhabitants who were pre-
pared to take over the Territory, to meet him and arrange the
conditions of the cession. They assembled at Bloemfontein on
the 23rd February, 1854, and Sir George Clerk resigned to them
the government of the country, aclcnowledging their independence
in terms of a convention agreed to, simUar to that which had been
previously concluded with the emigrant fanners of the Trani?vaal.
The legal abandonment of the Sovereignty was more formallj'-
effected by the publication, on the 8th April, 1854, of a Koyal
Order in Council, and a Proclamation in which Iler Majesty the
Queen did "declare and make known the abandonment and re-
CONVENTION WITH THE TREE STATE 159
nunciation of our dominion over the said territory and the inhabi-
tants thereof."
The convention, which was confirmed and approved by Her
Majesty's Government, consisted of the following nine articles : —
1. Her Majesty's Special Commissioner, in entering into a Con-
vention for finally transferring the Government of the Orange River
Territory to the representatives delegated by the inhabitants to receive
it, guarantees on the part of Her Majesty's Government, the future
independence of that country and its government; and that after the
necessary preliminary arrangements for making over the same between
Her Majesty's Special Commissioner and the said representatives shall
have been completed, the inhabitants of the country shall then be free.
And that this independence shall, without unnecessary delay, be confirmed
and ratified by an instrument, promulgated in such form and substance as
Her Majesty may approve, finally freeing them from their allegiance to
the British Crown, and declaring them, to all intents and purposes, a free
and independent people, and their Government to be treated and con-
sidered thenceforth a free and independent Government.
2. The British Government has no alliance whatever with any native
chiefs or tribes to the northward of the Orange River, with the exception
of the Griqua chief. Captain Adam Kok ; and Her Majesty's Government
has no wish or intention to enter hereafter into any treaties which may bo
injurious or prejudicial to the interests of the Orange River Government.
3. With regard to the treaty existing between the British Government
and the chief Captain Adam Kok, some modification of it is indispensable.
Contrary to the provisions of that treaty, the sale of lands in the Inalienable
Territory has l>een of frequent occurrence, and the principal object of the
treaty thus disregarded. Her Majesty's Government therefore intends to
remove all restrictions preventing Griquas from selling their lands ; and
measures are in progress for the purpose of affording every facility for
such transactions,— the chief Adam Kok having, for himself, concurred
in and sanctioned the same. And with regard to those further alterations
arising out of the proposed revision of relations with Captain Adam Kok,
in consequence of the aforesaid sales of land having from time to time
been effected in the Inalienable Territory, contrary to the stipulations of
the Maltland Treaty, it is the intention of Her Majesty's Special Com-
missioner, personally, without any unnecessary loss of time, to estabhsh
the affairs in Griqualand on a footing suitable to the just expectations of
<all parties.
4. After the withdrawal of Her Majesty's Government from the Orange
River Territory, the new Orange River Government shall not permit any
vexatious proceedings towards those of Her Majesty's present subjects
remaining within the Orange River Territory, who may heretofore have
been acting under the authority of Her Majesty's Government, for or on
account of any acts lawfully done by them, that is, under the law as it
existed during the occupation of the Orange River Territory by the
IGO nrsTOUY
British Government. Such persons shall be considered to bo guaranteed
in the possession of their estates by the new Orange River Cxovcrnment.
Also with reoard to those of Iler Majesty's present subjects, who may
prefer to return under the dominion and authority of Iler Majesty, to
remaining where they now are, as subjects of the Orange River Govern-
ment, such persons siuill enjoy lull right and facility for the transfer of
their properties, should tiiey desire to leave the country under the Orange
River Government, at any subsequent period within three years from the
date of this convention.
5. Her Majesty's Government and the Orange River Government
shall, within their respective territories, mutually use every exertion for
the suppression of crime, and keeping the peace, by apprehending and
delivering up all criminals who may have escaped or fled fiom justice
either way across the Orange River ; and the courts, as well the British
as those of the Orange River Government, shall be mutually open and
available to the inhabitants of both territories for all lawful processes.
And all summonses for witnesses, directed either way across the Orange
River, shall be countersigned by the magistrates of both (iovernments
respectively ; to compel the attendance of such witnesses, when and where
they may be required; thus affording to the community north of the
Orange River every assistance from the British courts, and giving, on the
other hand, assurance to such colonial merchants and traders as liave
naturally entered into credit transactions in the Orangv River Territory,
during its occupation by the British Government, and to whom, in many
cixscs, debts may be owing, every facility for the recovery of just claims
in the Courts of the Orange River Government. And Her Majesty's
Special Commissioner will recommend the adoption of the like reciprocal
privileges by the Government of Natal, in its relations with the Orange
River Government.
('). Certificates issued by the proper authorities, as well in the colonies
and possessions of Her Majesty as in the Orange River Territory, shall
be held valid and sufficient to entitle heirs of lawful marriages, and
legatees, to receive portions and legacies accruing to them respectively,
cither within the jurisdiction of the British or Orange River Government.
7. The Orange River Government shall, as hitherto, permit no slavery,
or trade in slaves, in their territory north of the Orange River.
8. The Orange River (iovcrnment shall have freedom to purchase
their supplies of ammunition in any British colony or possession in South
Africa, subject to tlie laws piovided for tlie regulation of the sale and
transit of ammunition in such colonies and possessions ; and Her Majesty's
Special Commissioner will recommend to the Colonial Government, that
])rivilcges of a liberal character, in connection of import duties generally,
])(' granted to the Orange River Government, as measures in regard to
which it is entitled to be treated with every indulgence, in consideration
of its peculiar position and distance from the sea-ports.
'.). In order to j)romotc mutual facilities and liberty to traders and
travellers, as well in the British possessions as in those of the Orange
River Government, and it being the earnest wish of Tier Majesty's
Government that a friendly intercourse between these territories should
rjBOYISIO.NAL QOVEUNMEXT 101
■:vt all times subsist, and 1)0 promoted by every possible arrangenicnf, a
consul or agent oft^iic British (Tovernment, who've especial attention shall
be directed to the promotion of those desirable objects, Avill be stationed
within the colony, near to the frontier, to whom access at all times hkiv
I'oadily be had by the inhabitants on both sides of the Orange River, for
advice and information, as eireumstances may require.
A provisional govenimeul was formed by the Boers of the new
Free State, until a properly elected council could be appointed.
The members were : — Josias Philip Hofmau, president, and Adrian
Standers, Groenendal, Du Plooy, Siude, J. Venter, and Du Toit,
members. They issued a circular announcing to their " fellow-
citizens and fellow-countrymen," that the day upon which tl»e
convention had been signed was the birthday of their indepen-
dence. " What we became upon it," said thej', " we got, unsoli-
cited, by the noble magnanimity of Her Britannic Majesty,
yesterday still our respected Queen ; and whilst other nations
sacrificed years of straggle and torrents of blood for this precious
gem, we obtained it by merely accepting what was offered to us.
According to convention we have been declared to all intents and
purposes a free and independent people ! "
A republican constitution was drawn up and adopted. The
Volksraad, or Assembly of the People, was declared the supreme
power in the State. All "white" persons who were born in the
State, or who had resided any time in it and had fixed i)roperty,
or leases of fixed property or incomes, were acknowledged as
burghers, and qualified to vote for the election of members of the
Volksraad and lor the State President. The proceedings of the
new government, upon the whole, were creditable to a simple
people suddenly called upon to form a government in the face of
great difficulties. "Unify within and peace without" was the
policy they announced; but at the very outset they had to contend
with circumstances which threatened to involve the country in all
the direful calamities of hitestine strife.
According to the Convention, the treaty between Adam Kok
and Her Majesty's Government was still iu force, and the Griqua
162 HISTORY
chief claimed independence within his territorj-. The Orange
River Government, on the other hand, contended that the sove-
reignty over Adam Kok's territory was ceded to them, and that
they were its legitimate sovereigns ; and in support of this they
produced certam agreements in writing entered into ■with them
by the Special Commissioner. These supplementary articles,
although not attached to the Convention, were acknowledged by
Sir George Clerk to have been agreed to by him. They provided
that whenever any Griqua lands were sold to any person of
European descent, such lands fell at once under the Orange River
Government ; that when Adam Kok departed from his territory,
the treaty between the British Government and him would lapse ;
that so long as the treaty did exist, the Orange River Government
possessed authority over the so-called AHenable Territory ; and
that lands in the Inalienable Territory, which according to the
Maitland treaty had been converted into forty years' leases, should
be acknowledged as lawful sales. These conditions were unknown
to Adam Kok or the Griquas. In ignorance of it they went on
dealing with lands, — many of the Griqua owners selling secretly,
and the chief being unable to restrain them, — until 1857, when
scattered portions of land having been sold in every part of their
territory, they were not only told that they had parted with the
land, but also with the sovereignty over each portion of it, and
that Great Britain had guaranteed this. Their country was then
divided into districts, in which Free State Officers were placed
and taxes levied.
Against such a proceeding they remonstrated, and appealed to
tlie Governor of the Cape Colony. His Excellency Sir George
Grey apphed to the Secretary of State for instructions, and was
authorised to interfere, but only to the extent of preventing hos-
tilities, and with the distinct understanding that the British
Parliament was not to make any provision in the way of compen-
sation. As a solution of the difficulty, it was suggested that those
Griquas who still held farms should sell them, abandon the
GKIQUALAND EAST 163
country, and find some other convenient place for a settlement.
The Governor favoured this proposal, and procured a suitable
tract of country for them, situate between the sources of the
Umzimvooboo and the Umzimkulu Rivers, on the border of Natal.
He considered that they would do good work as the pioneers of
civilization, and lyinj? in the rear of the Kafir tribes, would prove
important auxiliaries in the event of a Kafir war. To this territory,
then known as Nomansland, but now termed Griqualand East,
Adam Kok and the Griquas moved in 1860, and their settlement
was legally annexed to the Cape Colony in 1875.
The Free State, however, had a more formidable difficulty to
encounter in settling the boundary-line with the Basutos. Under
the proclamation of Sir Harry Smith, Moshesh had agreed to a
boundary laid down by Major Warden in 1849 in accordance with
the plan of " leaving the white man where he was found and the
black man where he was found." This arrangement was left
untouched by Sir George Cathcart, who was of opinion that " it
would be most dangerous to meddle with so defective and ill-
cemented an edifice." Sir G. Clerk was equally reluctant to
interfere with it ; but in his supplemental conditions witli the
Boer delegates he agreed to an article, providing that in the event
of disputes arising out of claims or limits of farms on the Basuto
boundary, arbitrators should be appointed, and if it appeared that
the claim had been previously approved by British authority, the
aggrieved party would be entitled to compensation from the British
Government. When the Sovereignty was abandoned, however,
the Basutos considered that everything had reverted to its original
state, as before Sir Harry Smith's proclamation. The Special
Commissioner, they said, " had carried the boundaries away with
him." Moshesh again advanced his claim as paramount chief,
and bands of his people scoured the country hunting game,
declaring they were the rightful owners of the soil, and utterly
disregarding the " Vagrancy Law " of the State, which required
natives to be provided with " passes " or certificates from a magis-
1-64 HISTORY
trate, a justice of the peace, or a missionary. Towards the end of
1x55 war appeared inevitable, and would liave broken out, but for
the presence and advice of Sir George Gre)', who urged upon
them the reference of all questions of encroachment or trespass to
arbitration. In 1858, hostiUties actually broke out, and the Free
State community, soon exhausted with carrying on the strife,
applied to Sh* George Grey to intervene, and to put a stop to the
bloodshed and spoliation which had taken place. His Excellency's
mediation was accepted. He visited the territory in dispute, and
gave the award in favour of the boundary-line claimed l)y the
Free State, which he personally pointed out to both parties, and
which they agi'eed to respect. The aggressions of the Basutos
very soon again led to war, and in 1864 the Governor of the
Colony was once more implored to come in as arbitrator. Sir
Philip Wodehouse, who was then administering the Government,
at once acceded to the request, and the result of his arbitration,
like that of Sir George Grey's, was favourable to the Republic.
In 18GH, the burghers again took up arms, and after eleven
months' warfare Moshesh had to sue for peace, and signed a treat j'
ceding a tract of country to tlie conquerors. But in 1867, the
murder by Basutos of a trader and a farmer in the annexed
territory, led to a renewal of hostilities, which were continued
until 1868.
The sacrifice, suffeiing, and misery caused by this continuous
strife was most deplorable. In the Free State the inhabitants
were both tlie soldiers and the tax-peyers, and had moreover to
supply whatever was required for the transport of (he commandoes.
The sacrilices they were obliged to make were very great. Martial
law was proclaimed. The procedure of the civil courts was sus-
pended; commerce and industry were paralyzed. The revenue
was exhausted ; and a paper-currency had to be forced into circii-
lation, to provide the sinews of war. The Basutos, on tlie otlier
hand, were badly supplied with arms and ammunition. Defeated
in open light, they took to the mountain fastnesses and caves
EETUBN OP PEACE 165
which they had strongly fortified and deemed impregnable ; but
these places were stormed, and numbers of the natives were killed
and wounded. Their crops were everywhere destroyed. Their
mission stations were broken up. The women, the aged, and the
childi-en had starvation before them, unless they fled and took
refuge in the neighbouring territories.
These unhappy circumstances were regarded with much con-
cern in the colony. Sir Philip Wodehouse tendered liis good
offices to restore peace ; but the Boer government was not inclined
to yield untU they had thoroughly humbled their enemy and re-
covered the expenses of the war. Moshesh, however, had
repeatedly made overtures for becoming subject, with his tribe,
to Her Majesty's Government. He was getting old, and he
wished " that his people should be allowed to rest and live under
the lai'ge folds of the flag of England before he was no more."
His Excellency, — authorised by the Secretary of State to accept
the proposal, — informed the Free State of the possibility of
British sovereignty being extended over the chief and his tribe,
and again asked for a suspension of hostilities, with a view to
negotiation At that moment the burghers were everywhere
victorious, and their forces had reached close to Moshesh's resi-
dence, Thaba Bossigo. Any truce could scarcely have been
i«easonably expected from them. The Basutos, pressed at every
point, were in great difficulties and, threatened with annihilation.
To rescue them from their position, His Excellency the Governor,
on the 12th of March, 1868, proclaimed them British subjects,
and their territory British territory.
Peace was thus restored, and the Free State, with a line of
boundary acknowledged and maintained by the British Govern-
ment, had the best possible guarantee of immunity for the future
from the disorders and miseries of the past. But the method by
which so desirable a state of things had been secured, was re-
garded by the Volksraad as a breach of the Convention of 1854.
That agreement they held precluded Her Majesty's Government
166 HISTOET
from entering into any treaty with native chiefs injurious or
prejudicial to the Free State Government. They therefore pro-
tested against the action of Sir Philip Wodehouse, and sent a
deputation to England, — the Rev. Mr. Van de Wall, minister of
Bloemfontein, and Mr. De Villiers, a member of the Volksraad —
to represent their grievance to Her Majesty's advisers.
The interpretation of the JiQiuie«tit«iJiad long ere tliis time
perplexed the Cape aiithorities. Sir George Grey, in 1857, had
asked for instructions on the subject, and Mr. Labouchere, who
was then Secretary of State, informed him that Her Majesty's
Government could not admit that the general declarations em-
bodied in these conventions amounted to a renunciation for all
future lime of the right to conclude treaties with the native tribes
specified therein, under aU supposable circumstances. They
conceived that those declarations were to be taken as regards the
futiu'e, as amounting to no more than a general indication of the
policy of Her Majesty's Government, — namely to avoid embaiTas-
eing those Free States. Any interference with them, otherwise
than by the profl'er of advice or the interposition of good oflSces,
was accordingly forbidden. And the principles laid down for the
Governor's guidance were briefly stated as follows : — To observe
justly the spirit of the treaties entered into with the neighbouring
independent states ; to maintain the integrity of our possessions
on the confines of those states, but to avoid any extension of theii"
limits to which they might justly object ; and to forbear mixing
ourselves up with the affairs of the native tribes, except as far as
might be clearly indispensable for the protection of Her Majesty's
subjects. Tin; main ground of the Free State complaiiit was that
this "non-intervention" poUcy had been departed from.
On the arrival of the delegates in London, their representations
received every attention from the Queen's Government ; but the
generous interference of Sir P. Wodehouse to save the crushed
Basutos from tlie hist consequence of the war they provoked, liad
already been confirmed and was an accomplished fact. The
DIAMOND DISCOYEBT 167
delegates, however, were informed that there was not, and had
not been, any desire or disposition on the part of the British
Government to act in an unfriendly way towards the Orange
Free State ; tliat it could not be doubted that the State would
benefit by any measure which would secure permanent tranqiiility ;
and that it was for the sole object of putting an end to the chronic
state of warfare which had existed, to the great detriment of the
British colonies and to the peace and security of aU the European
settlers in South Africa, that the step had been taken. The
question was thus settled, and a definite boundary line between
the Free State and Basutoland amicably agreed to by the Con-
vention of AUwal North, dated 12th Mai-ch, 1869.
The action taken in regard t<o the Basutos formed a precedent
for tlie extension of Sovereignty, a few years later, over the Griqua
territory of Waterboer. This country, situate on the western
border of the Free State, was also the subject of a boundary
dispute. After the proclamation of sovereignty by Sir H. Smith
in 1848, the British Resident at Bloemfontein had granted farms
to Europeans, who had settled upon occupied grounds there. He
had not then the slightest idea that Waterboer had any claim
thereto. When the abandonment of the Sovereignty was decided
upon, the Special Commissioner, Sir George Clerk, had his atten-
tion directed to the matter, as one which might involve difficulties
at a futui'e time, and he promised it would be attended to. But it
was left as a legacy of trouble to the Free State Government, with
whom Waterboer lodged his complaints and protests against en-
croachment.
While the hne of demarcation was still unsettled, the existence
of large deposits of diamonds in the territory was suddenly dis-
covered. The trackless plains that had appeared to travellers "a
howhng -ndlderness " proved to be a gUttering Golcouda, attracting
thousands of adventurous " diggers" of every rank and condition,
from the Cape Colony and Natal, as weU as from England,
Europe, and America. The Free State sent an officer to exercise
168 HISTOKY
magisterial functions within the lands over which it had assumed
.jurisdiction ; the Transvaal laid claim to other parts north of the
the Vaal Kiver; and Waterboer re-asserted his rights, and
urgently appealed for protection and acceptance as a subject to
Her Majesty's Government. The peculiar circumstances of the
"digger" community induced the High Commissioner, Sir Henry
Barkley, at once to authorize measures for the maintenance of
order, the collection of revenue, and the administration of justice
amongst them. Shortly afterwards, the proposals of Waterboer
and liis people to be received as British subjects were formally
accepted; the High Commissioner considering that to replace a
native authority there by one under Her Majesty's Government
could not by any possibility be injurious to the adjoining republics.
FoUowiug this cession, on the 27th October, 1871, the country
was proclaimed British territory, under the name of the Province
of Griqualand West. The adjustment of the boundaries, however,
was left open for settlement by arbitration or other arrangement.
The differences with the Free State formed the subject of much
discussion and long correspondence ; and all endeavours to refer
it to arbitration failed, as no plan could be mutually agreed upon.
At length, in 1876, the Secretary for the Colonies, Earl Carnarvon,
invited His Honour, President Brand, to visit England and confer
with him personally upon the matters ia dispute. The invitation
was accepted, and the result was a satisfactory conclusion of the
controversy. Her Majesty's Government agreed to pay a simi of
,£90,000 in full settlement of all claims ; and as an additional
proof of good feeling and desire for the national prosperity of the
Free State, offered a fm-ther sum of J^15,000 to encourage the
construction of railways witliin that territory. The respective
governments, under the terms of this agreement, engaged "to
seek by friendly co-operation hereafter, all that can advance the
common interest of both countries."
In the Republic beyond the Vaal Bi?er, after the declaration
of its independence, the government formed was of a ruder and
LIFE BEYOND THE VAAL EIYEB 169
less enlightened character than that of the Free State. There
•were many in the community who for years before had been on
the outskirts of civilization, and imbibed a natural antipathy to
law and restraint. Living " afai" in the desert," isolated fi'om the
rest of mankind, the undisx)uted possessors of limitless acres, and
lords over all they surveyed, they disliked interference with theii*
affairs, and were ready, upon any infringement of theii' wild
liberty to push on fiu'ther into the interior. Their social system
was in close imitation of the Israelites of the Old Testament.
Each head of a family was the supreme master over a whole
class — his childi'en, married men and w'omen, with their
youngsters, residing with him and rendering him service,
obedience and respect. They wore kind and hospitable to excess,
upright and faithful in their dealings, and looked for the same
qualities in others. But with these virtues they had j)eculiar and
strong prejudices. Some entertained a fanatical idea that they
were promised the heathen for an inheritance, and the uttermost
pai'ts of the earth for a possession. The natives they regai'ded
as an inferior race, and foremost in their " fundamental law," or
Constitution of the Republic, was the declaration that " the people
will admit of no equality of persons of colour" with white inhabit-
ants, neither in State nor Church." They made little scrapie
about obtaining possession of native children, sometimes as
captives of war, sometimes by purchase from the natives, some-
times by mere violence. The children so procured were indentured
(or as it was called " inbocked,") up to the age of 22 or 25 years.
It was a practice common on the Border in the early days of the
Cape Colony, but it was liable to abuse, especially m a state of
society untramelled by authority, and not very solicitous as to the
rights nor very careful as to the lives of the aborigenes. Acts of
cruelty and wrong were thus committed which provoked retaliation,
and hostilities with the savage tribes around them frequently
occurred, requiring the whole community to unite for mutual
defence. The wonder is that so few outrages have been recdrded
170 HISTOET
in connection ■with tlie collisions inevitable between these two
races situated on the margm of civilization in the wilderness.
The Sand River Convention of 1852 was interpreted by the
emigrants as placing all the country north of the Vaal River,
and inland as far as the equator, under their control, and they
were very jealous of any encroachment upon it, especially by
British subjects. To such an extent did they carry this feeling,
that they adopted a policy of isolation. They had little inter-
course with the parent colony, or even the adjoining Free State,
and scai-cely ever saw any of their countrymen, whose superior
character or intelligence might beneficially influence tliem. It
happened, however, that the discovery (made by INIessrs. Owen
and INIurray, and Dr. and Mrs. Liviaigstone) of Lake Ngami, gave
a stimulus to travelling in the interior. Several parties started —
some in piu'suit of game, some for purposes of trade, and some
for Geographical discovery. The Boers were apprehensive that
the English Goverment would again follow them up if they did
not stop these proceedings. They also feared that the numberless
natives to the north of them would be supplied with arms and
ammunition. For these reasons they attempted to block up the
path, refusing any passage' through the Republic, and in some
cases ordering the expulsion of visitors across the Vaal.
Some of them likewise viewed with ignorant alarm and hostile
feeling the civilization of the natives by christian missionaries.
Messrs. Inglis and Edwards, two agents of the London Missionary
Society, who had been labouring for some years near Rustenburg,
were expelled from the country. Dr. Livingstone was residing
as a missionary and medical practitioner with the Backwains at
Kolobeng, under the chief Sechcli, when an attack was made
upon that village, as the chief had given shelter to another native
chief who was accused by the Boers of committing thefts. The
missionary was absent from the station at the time, but his house
was broken into by the " commando," and his books and every-
thing else destroyed. It had served as a depot for the travellers
DE. LIVINGSTONE 171
and traders visiting the region aroimd Lake Ngaini, and the fact
of some guns being there gave rise to the idea that it was a gun-
maker's shop. " I received the credit of having taught the
tribes to kill the Boers," says Dr. Livingstone in his " Llissionary
Travels ; " " and my house, which had stood perfectly secure for
years under the protection of the natives, was plundered in
revenge. English gentlemen who had come in the footsteps of
Gordon Gumming to hunt in the country beyond, and had deposited
large quantities of stores in the same keeping, and upwai'ds of
eighty head of cattle as relays for the return journeys, were robbed
of aU ; and when they came back to Kolobeng found the skeletons
of the guardians strewed all over the 'place I do not
mention these things by way of making a pitiful wail over my
losses, nor in order to excite commisseration ; for though I do
feel sorry for the loss of Lexicons , Dictionaries, &c., which had
been the companions of my boyhood, yet, after all, the plundering
only set me entirely free, and I have never since had a moment's
concern for anytliing I left behind. The Boers resolved to shut
up the interior, and I determined to open the country ; and we
shall see who have been most successful in resolution —they or I."
Livingstone thereupon made his remarkable journey across the
continent of Africa — through lands for the most part untrodden
and untravelled by Europeans, and up to that time supposed to
be inaccessible. His courage, energy, and success attracted the
attention and admiration of the whole world, and at once gave a
stimulus to geographical and mission work. The darkness that
had brooded over Africa was dispelled and the blanks on its map
were soon fiUed up. The interior became revealed to view as a
fertile upland region, diversified with lakes, rivers, valleys and
plains, inhabited by black men of docile disposition, inviting the
christian missionary and the trader to introduce and diffuse
amongst them the elements of a better life. True to his resolu-
tion, Livingstone never abandoned his work of " opening up the
country." He continued to prosecute his explorations, pushing foi-'
172 HISTOEY
■wards to the equator the advantages which his former ciiterprizes
had to some extent secured him. While thus gallantly working
on single-handed — and in his loneliness in the \nlderness invoking
heaven's rich blessing on everyone helping forward the regenera-
tion of the Afiican race — he succumbed to illness, and died at
Ilala on the 4th May, 1873. His faithful negro servants carried
his body to England, and the remains of the greatest "Voor-
Treliker '' South Africa has ever known repose with the honored
dust of Britain's noblest worthies in Westminster Abbey.
The tGiTitory of the Transvaal — or as it was afterwards
re-chi-istened by its Volksraad, the " South African Republic" —
formed the finest stretch of laud in all South Africa. It abounded
in rolling plains and highlands, everywhere well watered, and
adapted for both agi'icultural and pastoral pursuits, while its
mineral treasures gave many surface indications of being rich and
vaiious. Peopled by an intelligent and progressive community,
it would at once have become prosj)erous, and rapidly advanced
in wealth and importance. Unfortunately those who possessed
it did not derive their ideas of .social amelioration from the hghts
of schools or liistory, but fi-om their own and their forefatlier's
experience in the rough patriarchal system, which, in the inland
districts of the colon}-, had for more than a century and a half
remained almost vsdthout any perceptible change.
Party strife manifested itself at an early date amongst them,
and the State was threatened with being broken up into two
or three still more petty republics. While Pretorius and his
adherents living near and to the south of Magahesberg were
united, another party in the district of Leydenbiu-g had a govern-
ment of its own, and a third occupying the country about
Zoutpansberg kept aloof from them both. In iHo'i Pretorius
died, with his last breath admonishing the " fathers of the land "
to give up .strife and ambition, to preserve unanimity and love,
and to take care of the Ministers of the Go.spel, that morality and
civilization might be disseminated among old and young. His
RECENT EVENTS IN THE TEANSVAAL 173
son, M. W. Prctorius, was afterwards selected as President, and
under him in course of time a final union of the different con-
tending parties took place. But the power of the Government
was weak, and its plans for establisliing law and order were
frequently ineffectual.
This impotence of authority led to occurrences which have left
dark blots upon the pages of history of this country. One of them
was the tragedy of Potgieter's Rust and Makapan's Caves, which
took place toAvards the close of 1854.
Hermanns Potgieter (a brother of Hcndrik Potgieter, the first
commandant) had gone upon a hunting expedition, — elephant
huntuig and the collection of ivory and ostrich feathers being his
chief occupation. He was a rough borderer, who had no com-
punction about forcibly carrying off anything he found in the
possession of natives, and even occasionally made a raid amongst
them, capturing their children for barter with the traders from
Delagoa Bay and elsewhere. In passing the neighbourhood of a
tribe xmder the chief Makapan, who had suffered from such
depredations, they fell upon Potgieter, and barbarously murdered
botli himself and his party, including some women and children.
The families of some other emigrants who had gone to Makapan
for the purpose of bartering corn, were also destroyed. Hermanns
Potgieter was pinned to the ground, while his savage foes actually
skinned him alive. The fate of the others was equally horrible.
"When reports of the massacre reached Potchefgtrom, a com-
mando was formed under Mr. M. W. Prctorius, to proceed at once
to revenge it. Mr. P. G. Pot<fieter (a nephew of Hermanns) with
a number of farmers from Zoutpansborg and Leydenburg, also
marched to the spot, and the two forces, numbering altogether
500 strong, combined against the murderers of their countrymen.
The scene they witnessed, and the proceedings they took, are
173a niSTOEY
described in shocking detail in a letter from Pretorius. " Here,
he said, " I saw with my own eyes, what had been ^vritten to me
relative to the cruel manner in which the massacre had been
effected. The bodies found were mostly of females ; one body,
that of a tall man, was sadly mutilated, all the fingers, from the
tops to the palm of the hand, were cut open, the head was cut off,
and the body thro^\•n into the water. Evidently every possible
means of torture had been practised upon the victims. At one of
the kraals was found melted human fat, in which the hands had
been baked on spits. In addition to this we discovered some
other tokens of unbridled cruelty, which decency prevents me to
name. Whether the people were subjected to these barbarities
before, or after, their death, I cannot say. This abominable
spectacle, which filled my soul with disgust, induced me to adopt
the firm resolution to chastise the barbarians, though I should
sacrifice my life in the act."
Makapau and his tribe, in the meantune, had rethed, and
ensconced themselves in one of the vast caverns, which occur in
•the limestone foimation in that part uf the country. Pretorius
followed Uiem to this retreat, and immediately charged them, but
the enemy, driven from their entrenchments, rctu-ed deeper into the
subteiTanean recesses. These extraordiaary caves were upwards
of 2000 feet in length, by 300 to 500 feet wide, intersected by
several walls, and so dark that no one could penetrate the gloom.
The Boers did not consider it prudent to rush into them, and
devised another plan to destroy the foe. At a council of war it
was resolved to blast the rocks above, and thus crush and bury
EECENT EVENTS IN THE TEANSTAAL 173b
the Kafirs alive under the riiins. Tlie scheme was attempted, but
failed, owing to the slatey character of the roclis proving unfavor-
able to the operations. Orders were then given to besiege the
caverns, and to reduce the wretches within to the extremities of
famine. Patrols kept ward night and day, and with their rifles
shot down any of the enemy who shewed themselves. Pretorius'
colleague, P. G. Potgieter, while thus engaged, was knocked over
by a bullet fired from the mouth of the cavern. Eight days' close
siege, however, did not prove efi'ectual ; neither Makapan nor his
followers shewed any signs of giving way or coming out. It was
then determined to block up all the entrances. Fifty span (teams)
of oxen and about 300 friendly Kafirs were employed at this work,
and many loads of stone and trees were brought up and thrown
into the openmgs of the caverns. At length the pangs of thirst
told upon the miserable creatures within, and numbers of them,
includuag women and children, sufi"ering from want of water,
sallied forth, but only to die after they had drank a little. At tlie
end of three weeks, the commando could no longer bear the
horrible stench of the dead, both within and without the caves,
and Pretorius gave the order to raise the siege. The number of
the Kafirs who had fallen outside amounted to upwards of 900.
Those who had died inside must have been much greater.
Makapan and his tribe were well nigh annihilated, and their
village or " kraal " laid in ashes. For years afterwards the
supremacy of the white man was unquestioned in that part of
the Transvaal.
In 1859 when Mr. Boshofl* resigned the ofiice of President of
173c HISTOET
the Free State, out of four candidates nominated to succeed liim,
Mr. M. W. Pi'etorius was elected by a large majority of votes.
He accepted the post, leaving Potchefstrom for Bloemfontein,
where he continued until 1863. He had long been desirous of
uniting the two Republics under one government, but Her
Majesty's High Commissioner had significantly intimated that
such a proceeding would ipso facto annul the Conventions of
1852 and 1854. Besides this obstacle, the Free State burghers
themselves did not regard the proposal for union very favourably.
They had learned to acknowledge constituted authority, and were
reconciled to tlie payment of taxes for the support of their
government ; but they were aware that beyond the Vaal River
there were many of the old discontented party who disapproved
of any administration whatever, which showed resolution and
power enough to compel the performance of thcii* social duties.
The Union Scheme therefore did not find favour.
In 1803 Mr. Pretorius retired fi-om the Free State, to look after
his own interests in the Transvaal. In his absence various men
had beim put forward as leaders — Schoemans, Rensburgs, and
Jouberts — but each in turn were displaced, as the influence or
power of their partisans varied. Anarcliy and confusion prevailed.
Pretorius' return therefore was acceptable to the lovers of order,
and he was soon reinstated as President. In 1868 he issued a
proclamation declaring the boundaries of the Republic, which
called forth a protest from many of the native tribes; and a refusal
from Her Majesty's Secretaiyof State (the Duke of Buckingham)
to recognise its validity. In tlie year following a ti'eaty was
RECENT EVENTS IN THE TRANSVAAL 173d
concluded with the Portuguese officials, by wliich it was mutually-
agreed that the eastern boimdaiy of the Transvaal should be the
Lobombo range. On the nortli, the Limpopo was claimed as the
limit, but the Kafirs in the Zoutpansberg had for some time made
matters uncomfortable for those settled there, and the town of
Schoemansdal, formerly occupied by the farmers, was actually
abandoned. On the Zulu border again there was a strip of
territory in dispute, which the Zulu chief Cetywayo pressed the
Natal govermnent to take over as a barrier against encroachment.
To the south, the actual source of the Vaal River was a matter
of contention with the Orange Free State, but this was amicably
settled in 1870 by a friendly reference to Governor Keate. On
the west, however, there still remained for adjustment the
boundaries with the Griqua, Baralong, and Batlapin chiefs, who
claimed the ground between the Vaal and the Hart Elvers.
Sir H. Bai-ldy, as High Commissioner in 1871, took up the
cause of the Griqua chief Waterboer, and proposed to have the
matter settled by arbitration. Pretorius and the Transvaal
government consented, and two arbitrators (Messrs. Campbell
and O'Pteilly) were appointed, with Lieutenant-Governor Keate,
of Natal, as umpire, to bring the dispute to a definite conclusion.
The arbitrators entered upon their duties at Bloemho£f in presence
of Mr. Pretorius, and being unable to agree, the evidence taken
by them was referred to Mr. Keate, whose final award was
unfavourable to the claims of the RepubHc.
This adverse decision, and the acceptance of the Griquas as
British subjects by the proclamation of Sir H. Barkly in 1871,
173e niSTOET
excited much dissatisfaction amongst the burghers, and was
protested against by some as a breach of the Convention of 1852.
The Volksraad met and passed a resolution disapproving of all
the President's proceedings, and repudiating the Bloemhoflf arbi-
tration and award. The groimds set forth as a justification of
this extraordmary course were, that by the constitution of the
State, Mr. Pretorius, as President, had no power to enter into the
arbitration, nor authority to sign himself alone any act of sub-
mission, and that the signature of the State Secretary was
necessary to make the Act vaKd. Mr. Pretorius was virtually
dethroned for what he had done. He at once tendered his
resignation. The High Commissioner and Her Majesty's Govern-
ment, however, declined to accept the Volksraad's repudiation,
and declared their intention to abide by and maintain the Keate
award.
^leanwhile the character of the population north of the Vaal
River was undergoing a change. The Government was stiU
virtually in the hands of the Boer party ; but enterprising
settlers, who had moved into the Republic from the Cape Colony,
Natal, and the Free State, as well as from various portions of
Europe, urged the more intelligent of them to look for a new
leader outside of their own numbers. In 1872, the choice of the
people fell upon the Rev. Thomas Francois Burgers, a clergyman
of the Dutch Reformed Church, in the district of Hanover, Cape
Colcmy, who innnediatel}' accepted office as State President.
Mr. Burger's ability and his enthusiastic sympathy with his
fellow countrymen were widely Imown, and his advent was
EECENT EVENTS IN THE TEANSVAAL 173f
welcomed on all sides as promising to be beneficial to the material
prosperity of the Border settlers, and as likely to draw closer the
ties which ought to unite them with the inhabitants of the country
from which they emigrated.
yiii.
Representative Institutions— The Convict Agitation.
Sir G. Napier's support of the first Petition for a Representative Assembly
— Gradual Changes in the form of Government— Character of the
Population — Obstacles to be encountered — The Reformers of 1842
— Earl Grey's Polic}' of Self- Government for the Colony — Sir
Harry Smith's instructions — Mr. Porter's draft Constitution —
Joint Recommendations of the Governor, the Executive, and the
Judges — the Anti-Convict agitation — The Cape a Penal station
— Resistance of the Colonists — The Anti-Convict Association — The
"Pledge, and its operation — T\\c Neptune detained in Simon's
Bay — Earl Grey's concession and apology — The Penal Order in
Council revoked, and the Convicts sent to Van Diemen's Land —
— The result of the contest.
To the want of the people's participation in the management of
tlieir affairs, the difficulties of the Cape Government were chiefly
to be ascribed.
Such was the opinion expressed in 1841 by Governor Sir
George Napier, when supporting with his high authority the first
petition from tlie Cape, praying that the Government of the
Colony might be assunilated in principle and form to that of
Great Britain. His Excellency had travelled extensively through
the country ; and in liis journeys he had observed tliat many of
the rural population were led through ignorance to misconstrue,
and hence tu be dissatisfied with tlie measures of Government ;
and it was his conviction that very great advantages would result
from the free discussion, in a popular assembly, of the various
Bubjccts affecting the welfare of the community. He also regarded
CHANGES IN THE FOEil OF GOVEENMENT 175
it as highly importaut that the inhabitants collectively should be
assigned a share in the management of their affairs ; as many of
them, and especially the descendants of the original colonists,
required some such stimulus in order to shake off their old habits
of total and imj»licit reliance upon the powers of their rulers for
aid and guidance in many cases when they would much more
effectually assist themselves by the use of their own resources.
The establishment of a representative assembly, he thought,
would thus teach them to think and act, and afford a necessary
political education that would soon train both electors and elected
to a more just and comprehensive view of pubhc interests.
For many years previously gradual changes had been introduced
from time to time in the institutions of the Colony. From 180G
downwards till 1825, the fiat of the Governor alone was law.
But in 1825 an official executive council was appointed, to advise
and assist in the government. In 1827 a free press was estab-
lished, and a Supreme Court of Justice and trial by jury instituted.
In 1834 slavery was abolished, and in 1838 complete freedom
granted to the emancipated negroes. All unnecessary restraints
were thus removed from the colonial population, and every indi-
vidual in the country was acknowledged equal in the eye of the
law. The Council of Advice of 1825 was supplemented by the
issue of Royal Instructions in 1834, creating a Legislative Council,
having legislative authority. The constitution of this council was
based upon the principle of representation by election of the
Crown. It consisted of six officers holding offices of trust and
emolument under the Governor ; and six others, unofficial persons
nominated by the Governor and confirmed by the Crown. Free-
dom of debate and of vote in all matters of public concern was
secured to the members. Many useful measures were considered
and matured by them, and among others a system of municipal
and divisional wards for the administration of local affairs,
and the construction and maintenance of roads, which fami-
liarised the public mind with the principles of representative
176 HISTORY
government. The people, however, became discontented with
this nominee council, as they witnessed the admission of
members taken from the inhabitants, but not elected by them.
Thoy began to realise tliat, while their interests were most
materially affected by its proceedings, they were excluded from
all influence upon its action. These disadvantages impressed the
more intelligent and enterprising of the community with the con-
viction that a large measure of self-government was necessary, if
the colony was to advance at all in the career of improvement.
Petitions from the inhabitants of Cape Town and its vicinity were
accordingly addressed to the Queen, praying for a Legislative
Assembly composed of representatives freely elected by the people.
Lord Stanley (afterwards the late Earl Derby) was Secretary
for the Colonics when Governor Napier's recommendations, sup-
porting the petitions to the Queen in Council, reached home.
His lordsliip admitted the abstract justice of the principles enun-
ciated by the Governor, but he thought there were several
obstacles which would hinder the application of them to the
Colony. The more serious of these were ranged under two heads.
One was, that the geographical circumstances of the countrj', —
the wide extent of the territory over which the population was
spread, — the want of roads and the toil and cost of a journey, —
the necessity of personal attention to agricultural or pastoral
pursuits, and of protection against the invasions of predatory
tribes on the frontier, — woiild prevent the remote parts from being
represented or having their due weight in a legislative meeting at
the seat of Government at Cape Town. The other was the difli-
culty arising out of the peculiarly mixed character of the population.
The inhabitants consisted of various races, widely diffeiiug from
each other in chai-acter and in the progress they had made in
civilization. There was the English race, the least numerous,
although the most active and intelligent class. There were the
wealthy and influential old colonial settlers or their descendants,
who although uniting with tlie Enghsh in pubhc and private life,
TUE REFORMEES OP 1812. 177
bad many peculiar ideas and antipathies. The free aborigines
formed a third class ; they were manifestly much depressed in the
scale of society. There was also a body of emancipated negroes.
And to them might be added the Fingoes and other tribes whom
the events of the Kafir war had made permanent residents in the
„eastern districts. With such drversity of race, both of European
and African descent, would it be possible to obtain that community
of sentiment and purpose which was essential to the working of
free institutions? And would there not be a danger that one
class might be tempted to abuse its newly-acquired rights to the
injury of others ? Such were the questions which Lord Stanley'
referred back to the colonists. He did not wish to treat their
petition with an inexorable and fixed negative ; but he required
that the diflSculties which appeared in his way should be removed,
for he felt it was no light thing to throw down the barriers which
had hitherto afforded protection to the great mass of the colonists,
and to hazard the consequence of placing them without that pro-
tection, in the presence of an authority the abuse of which might
work out a great amount of irremediable injustice.
The Reformers in the Colony, to whom these views of the
Secretary of State were communicated in 1842, found it no easy
task to answer satisfactorily the questions put.* Occcurrences
had taken place which cast a shade over their prospects. Some
of the emigrant farmers in Natal, and beyond the northern
boundary, had thrown off their allegiance, and it was necessary to
vindicate the honour and authority of the Crown by force of arms-
It would have done no good to agitate and discuss the proposal
for a change of government m the Colony at that moment ; and
for a time the matter slumbered.
• Amon^ the citizens of Cape Town wliose names ^vere associated with the
movement for a representative assembly in 1812 were: J. B. Ebden, H. Clocte,
H. Ross, F. S. Watermeyer, J. Fairbairn, C. J. Brand, J. H. Hofmeycr.E. Norton,
J. J. L. Sumts, S. MeiTiugton, P. J. Denyaaen, T. Ausdell, H. Watson, F. Still,
G. Tw;^-cross, Capt. Van Reenen, A. Chiappini, jun., H. C. Jarvis, J. C. Gie,
W. E." Rutherford, G, W. Price, B. Norden, J. Letterstedt, H. Sherman, W. G
Anderson.
178 UISTOBT
In 184f), the Whig cabinet of Lord John Russell came into
power in Englfmd, and the post of Secretary for the Colonies was
given to Earl Grey, son of the Earl Grey who as premier in 18-H
had carried the Reform Bill, and whose noble party crj' was " the
cause of civil and reUgious liberty all over the world." On entering
office, he found there was a strong desii^e expressed on the part of
the colonists for representative institutions, and he directed Sir
Henry Pottinger, who was then appointed as Governor of the
Cape, to ascertain the views of those whom he considered best
quahlled to give advice in respect to the matter. Sir Henry
Pottinger did not remain long enough in the Colony to be able to
act upon these instructions ; and they were, therefore, repeated to
his successor, Su- Harry Smith.
Her Majesty's advisers uatimated pretty plainly tliat they
entertained the strongest prepossessions in favour of the proposed
poUcy, and that they were not unwilling or afi-aid to act upon it.
"On a question of such a natui-e," Earl Grey wrote, " some diffi-
culties miglit be wisely encountered and risks incurred, in reliance
on the resources which every civilized society, — especially of
British bu'th or origin, — would always discover within themselves
for obviating the dangers incident to measures resting on any
broad and soUd principle of Truth and Justice."
Sir Harry Smith raised no question as to the expediency of the
contemplated change. He had himself observed that the current
of public opinion was progressing quietly but irresistibly in the
direction of free institutions. Altliough on his first lauding he
had declared, " I will be Governor," he modified the declaration
by expressing his wish to rule the people through the people, and
stating his willingness at all times to receive their opinions and
representations. But frontier affairs pressing!}' called for his
attention first ; and while engaged with these, he placed the
Secretary of State's proposals in the hands of the Attorney-
Genural, Mr. Porter, requesting liim to prepare such a general
plan of popular representation as would appear to secure tlia
ME. POETEES'S DEATT CONSTITUTION 179
greatest number of tlie advantages and sliun the greatest number
of the inconveniences incidental to the introduction of the system
of self-government in the Colony.
Among the many able public servants with which the Cape was
favoured, since it became part of the British Empire, beyond all
comparison the most distinguished was Mr. "William Porter. He
dischai-ged the duties of the office of Her Majesty's Attorney-
General from 1839 till 1865 ; and during that long period tho-
rouglily interested himself in all that concerned the progress of
the coimtry, and the well-being of its inhabitants. A man of
exceedingly commanding appearance, — uJ, well-proportioned and
erect, — of accomplished and comprehensive mind, — of brilliant and
powerful eloquence, — of unimpeachable integrity, — of large heart
and generous nature, — his talents, attainments, and high character
exercised a most beneficial influence upon the community at
large. In the administration of the Govermnent, — at the bar, —
in the council, — in educational, reUgious, or social movements, —
the colonists always foimd in liim a liberal sympathy with the
Colony and witli themselves. When, therefore, the question of
the initiation of Free Institutions was placed in the Attorney-'
General's hands, there was an assurance that tlie aspirations of
the people would receive every consideration consistent with the
safety and welfare of the country. The memorandum which he
j)repared for the Governor entered fuUy into many of the diffi-
culties that had to be encountered ; such as whether there should
be two distinct legislatui'es, east and west ; whether there should
be one or two chambers, the qualification of members, and the
francliise. The proposed change he regarded as an "experiment,"
and one which none but a very silly man or a veiy sanguine man
would contemplate without anxiety. But he came to the conclusion
that a Colonial Parliament should be gi-anted, and that in the
natural course of things it could not be much longer postponed.
The Constitution which he recommended was one legislature for
the whole country the legislatui-e to consist of two chambers,—
180 HISTOHY
Council and Assembly,— the Council to be partly official and
partly elected, and the Assembly to be purely elective. On the
important point of the franchise of the electors, he deemed it just
and expedient to place the suffrage within the reach of the more
intelligent and industrious of the men of colour, as a privilege
they would prize and a privilege they deserved ; and because " by
showing to all classes, — those above and those below them,— that
no man's station was in this free country determined by the
. accident of his colour, all ranks of men might be stimidated to
improve and maintain their relative positions."
Sir Harry Smith, on his return to Cape Town in March, lH4^«,
on his triumphant progi-ess through Kafirland, the Orange River
Tenitory, and Natal, readily imbibed the views and opinions set
forth in the Attornej'-General's memorandum. He at once penned
a despatch to the Secretary of State, in which he said : "All
political systems as they progress, — and as the elements of im-
provement are at work, with increased vigour and increasing
energy, — requii'e revision. The Legislative Council is regarded
in thi.s Colony as a faUiire ; and I therefore propose a plan which
I think a bolder and at the same time a wiser one ; and as all
Governments are instituted for the beneiit of the people, — I do
not see, taking as one examj)le the parent country, whose first
House of Commons was as crudely composed as this will be, —
that the measure can be regarded as an experiment." Meanwhile
he asked for the opinions of the other members of his Executive
Council, — Mr. Montague, IMr. Rivers, and Mr. Field; of the
Chief Justice, Sir John Wylde, and of the Puisne Judges, Mr.
Menzies and Mr Musgrave; — all of whom furnished able memo-
randa of their \'iews ; and all concurred that the time was come
when Representative Government ought to be extended to the
Colony. His Excellency thereupon asked Mr. Porter to frame a
di-aft Constitiaion, which, if approved of by the Secretary of State,
might be embodied in an Act of Parliament, Order in Council, or
simple Letters Patent, as might be considered most suitable and
THE CAPE A PENAL STATION 181
proper, to give legal effect to the proposed changes. This was
forwarded to Earl Grey, with a strong recommendation from the
Governor in its favour ; whicli soon elicited the gracious reply,
that Her Majesty's advisers had come to the conclusion that a
representative Constitution must be granted to the Cape, but that
the precise mode in which it was to be framed would require
consideration.
The intimation of this intention was received with the liveliest
satisfaction, A new era of political and social progress seemed
to dawn upon the Colony. But this bright prospect was unexpec-
tedly dispelled, by an agitation which arubC in consequence of a
threatened importation of convicts from the mother country, and
the conversion of the Cape into a j)enal settlement.
Earl Grey in 1848 sent out a circular despatch to the Governors
of the Colonies, and amongst them to Sir Harry Smith, wishing
to know whether the inhabitants would be disposed to receive
" ticket-of-leave men." Representations had reached him of the
want of an adequate supply of labour in the Colony, and he thought
that a number of good-conduct criminals, under sentence of trans-
portation, might be able to find employment, and maintain
themselves by their labour. The despatch was made public in
November, and at once memorials and petitions from all parts of
the country, rejecting the proposal, were sent in to the Governor
and forwarded to the Secretary of State. The sentiments of the
Colonists had been expressed with similar unanimity and decision
in 1812, when Lord John Russell ofiered to introduce a number
of "juvenile offenders." And in 1846, when there was a corres-
pondence with Mr. Gladstone respecting the construction of a
breakwater in Table Bay, and the employment of convict labotlr
on the works, — with the restriction that as soon as it was com-
pleted they should be removed, — the Colonial Government
distinctly stated, " No advantage that could be derived from a
breakwater would compensate for the evil likely to arise from a
mixture of the convicts with the population." The Colony from
182 HISTORY
its first settlement "vvas free from the taint of convietism. It had
never received, from Europe or elsewhere, any of its inhabitants
from prisons or penal establishments. And under no modification,
and on no condition, were its people disposed to submit of their
character being so tai'nished.
There was scarcely a possession of the British Empire less
suitable for becoming a receptacle of convicts. The nature of the
country, as well as the simple habits of the colonists, rendered it
most unfit for their introduction. Security of person and property
was universally enjoyed. Crimes and offences were committed,
but they were rarely of an atrocious nature. In the vicinity of
the towns and villages no man thought of locking his door. In
the inland districts one might ride a hundred miles without seeing
a policeman ; and the circuit of the whole colony might be per-
formed year after year without meeting the sUghtest annoyance
or missing the smallest article. The warm-hearted hospitality of
the farmers was quite proverbial. At the close of a hard day's
ride, a traveller might dismount at the homestead of a man whose
name was unknown to him, and of whose existence he was up to
that moment ignorant. Nevertheless, he was usually received with
an invitation to " off saddle" and come in and rest himself; food
Avas prepared for him, and a spare room or bed set apart for him;
and the following morning he was not allowed to start before
partaking of a cup of coffee and at least a crust of bread. For all
this pecuniary remuneration was neither sought for nor expected,
and, if offered, refused. Such was the uniform kindness pre-
vaihng among these unsophisticated people, which the designs
and machinations of a criminal class would soon abuse. And the
circumstances of tlie coloured population and of the native tribes
were so peculiar, as to render them even still more liable to evil
and dangerous consequences from the association of men of
desperate character. On the frontier and in the Interior, the
mass of the natives was only emerging from savage life, and
among them any absconding felons might easily introduce and
EESISTAKCE OF THE COLONISTS 183
add the older vices of civilized communities to the already
lawless characteristics of the barbarian race.
Without waiting for any reply to his circular despatch, — and
before it was possible for tlie decision so promptly taken by the
colonists to reach England, — Earl Grey most unwisely resolved
to take a further step. Owing to the state of Ireland from the
pressure of famine and discontent, a large number of persons
were convicted of agrarian and other offences, and sentenced to
transportation. The home gaols were full ; the penal settlement
at Bermuda was over-crowded ; and remonstrances came from
Van Dieman's land against any large number being sent there.
It occurred to the Secretary of State that the Cape might relieve
the home authorities of their difficulty, by receiving a moderate
number of those whose conduct under a prehminary system of
punishment had been such as to entitle them to the indulgence of
tickets-of-leave. Notwithstanding the promise made in his official
communication of August, that the measure was not to be forced
upon the colonists against their feelings, — in the month of Sep-
tember, 1848, he gave du-ections for the removal from Bermuda
to the Cape of 300 convicts, some of whom were considered the
elite of the Irish political offenders ; and at the same time, in
accordance with the requirements of Imperial law relating to
transportation, an Order-in Council was issued, declaring the
Colony a penal station, like Van Dieman's Land, Norfolk Island,
and New South Wales.*
The intelligence of this proceeding only reached the Cape in
April, 1849. It excited the greatest alarm and indignation. "The
Colony, quiet and unruffled as its own Table Bay in a summer's
calm, immediately on the spreading of the news that it was
thought of as a penal settlement, became like that same Bay when
a strong and sudden south-easter has swept down upon it." Public
* This was followed soon afterwards by another despatch, dated March, 1849,
informing Sir H. Smith that military convicts from the stations in India, China
Ceylon, and Mauritius, were also to be transported to the Cape.
184 HISTOEY
meetings and assemblies protested against the injury and degrada-
tion with which the country was threatened. At Cape Town an
Anti-Convict League was fonned, and corresponding bodies
organized in vai'ious inland districts, to avert the impending
calamity by every legitimate means. The Albany Settlers, at
Graham's Town, recorded their determination never on any terms,
nor any conditions to consent to the introduction of the convicts.
The merchants of Port EUzabeth declared their most invincible
repugnaiice to the reception of the " out-casts and oflf-scoming of
the gaols of England " under whatever name they might arrive.
The old colonists of Graaf Keinet said they desired to remain as
quietly disposed loyal subjects of the Crown, but they viewed the
measiu'e Avith such alarm that, rather than endm^e it, they were
prepared to " trek" to the wilds of the Interior, where, whatever
privations they might be exposed to, they could still hope in simple
and honest poverty to rear their offspring in the paths of virtue.
From the synods, the ministers, and the congregations, of every
religious persuasion there poured in petitions to tlie Governor,
praying his Excellency to " prevent the infliction of an evil which
would blast their prospects for time and eternity." The Lord
Bishop of Cape Town summoned his clergy, and memorialised
with the rest. " On every ground," said his lordship, " there
cannot be a greater mistake than sending convicts to this Colony.'
The whole country as one man seemed to be of the same opinion
Sir Harry Smith was in a difficult position. Upon the base of
Earl Grey's first despatch he had told the colonists that it was a
matter of free agency, for them to say whether they would receive
tlie convicts or not, and that he had it in his power to consent to
the arrangement, or state the objections which might be enter-
tained by the inhabitants. Now he was called ux)on to fulfil that
pledge, and thus save the Colony from the consequences of the
obnoxious action of the Secretary of State. Deputations from
the colonists besecched him to prevent the landing of any
" exiles " (as the convicts were termed), and to suspend the pubh-
THE AKTI-CONVICT ASSOCIATION 185
cation of the Order iii Council on the subject until the determina-
tion of Her Majesty's Government on the appeal made by the
colonists could be known. One of these deputations visited him
on the 18th June. Mr. Ebden, chairman of the Anti-Convict
Association, was the spokesman. " To your Excellency, as the
representative of our Sovereign," he said, " we appeal in this hour
of pern and danger to protect us from the moral pollution we are
threatened with ; disposed as we still are to cling to the hope that
guided by the dictates of your own heart and judgment — holding
in the one hand the arbitrary mandate of the Secretary of State,
and in the other the petitions and remonstrances of the people —
as the guardian of our rights, regardless of the responsibility in-
curred in the exercise of your discretion, you wiU not hesitate
to save and defend us from the greatest degradation and affliction
that could befal us." His Excellency, Uke an old soldier, brought
up in the school of implicit obedience, declared his resolve to obey
orders. "This day," he said, " is the anniversary of the Battle of
Waterloo. For four and forty years I have served Her Majesty —
I say it with pride ; and I would rather that the Almighty struck
me dead than disobey the orders of Her Majesty's Government,
and commit an act of open rebellion."
It was thought that the Legislative Council could interpose and
throw the shield of its legislative authority over the colonists.
That body was simimoned to meet for the transaction of business
in June. The Municipality of Cape Town immediately petitioned
that some enactment might be passed giving the local government
power to prevent the debarkation of the convicts. The Attorney-
General told them it was impossible. No one deplored more than
he did the action of Earl Grey ; and in his place in Council he
bitterly complamed, as an official and as a man, of the Secretary
of State's proceeding — in first professing to seek the opinion of
the colonists, and then in ignorance of that opinion, and mthout
waiting for it, resorting to an iron measure which crushed all
opinion to the ground. But he did not allow the feelings of his.
186 HISTOKY
heart to run away with the dictates of his head. As a lawyer he
had looked into the Acts of ParUament relating to transportation,
and he considered it impossible for the Covincil to arm the local
government with any power which a court of law would recognise.
An order of Council under an Act of ParUament, such as had
been issued — was supreme and paramount, and any ordinance
passed by the Legislative Council in conflict with it would be
merely waste paper. All tliat the Council could do, however, it
did ; and that was to record a resolution : " That the introduction
of convicts was injuiious to the moral welfare and interests of the
colony — opposed to the wishes, — and calculated to estrange from
Her Majesty's Government the feelings of the people."
While this agitation was going on, the long-expected and omni-
potent Order in Council arrived, and was immediately promulgated
in tlie Qazette. The colonists woke up one morning to find the
Cape of Good Hope sharing the character of the penal settlements
of Austi-alia. This served to open their eyes to the reality and
extent of their danger. The transport ship with its freight of 300
convicts might next be daily expected ; and these once landed and
dispersed the character of their free colony was gone, and no
subsequent remedy could wash out the stain of convictism from
its population,
What was to be done '.' The Cape Town Anti-Convict Association
at once issued an address advising the colonists (1) to appeal by
petitions to the Queen, to both Houses of Parhament, and to the
people of England for the withdrawal of the Order in Council ;
and (2) to shew their repugnance to the landing of Uie expected
ship load of convicts by signing a "pledge," and uniting in a
sacred bond of brotherhood, refusing to employ or associate with
any convicted felons, and dis-countenancing and dropping connec-
tion with any person assisting or aiding the Government in
landing, supporting, or employing such felons.
On the 4th of July an impressive display of public feeling took
place. A meeting was held in tlie open-air on the Parade.
THE "pledge" 187
Notwithstanding a most unfavourable state of the weather — the
rain pouring down in torrents during a great part of the time —
men of all ranks and classes assembled and stood for hours amid
the pitiless pelting of the storm — listening and responding with
eager shouts while successive speakers moved and seconded and
enforced a series of resolutions which were unanimously carried
and ordered to be embodied in a petition to the Queen and
Parliament of Great Britain.
The " Pledge " was adopted by the meeting and signed by
thousands. Its operations was soon made known and felt. As
the Governor had declared it a necessity that the convicts on their
arrival should be landed and kept, until instnictions came from
England as to their disposal, the community resolved that they
should try to make it a physical impossibility that they should so
land or remain. The people agreed to hold in abhorrence any
person aiding the Government in landing them, in providing for
them, in employing them, or having any communication whatever
with them. The banks and loan associations announced that with
such persons they would have no money transactions. The
insurance offices denied them their policies. Auctioneers decUned
to realise any property for them. Buyers and sellers would have
nothing to do with them ; and butchers, bakers, and the whole
army of mechanics and labourers resolved to refuse theu' labour
to them. Besides this mode of " passive resistance," many
influential colonists who had been associated with the government
in various honorary offices — as commissioners of road boards,
.justices of the peace, field-cornets and others — threw up their
appointments, assigning the conversion of the colony into a penal
settlement as their reason. The unofficial members of the Legis-
lative Council resigned then' seats, and the Government was
unable to get the necessary votes of supply for the year passed.
Three gentlemen who were nominated to fill the vacancies, at the
conclusion of their first day's sitting, when leaving the Council-
chamber, were mobbed, pelted with mud, their effigies burned.
188 HISTOEY
and their properties damaged. Tlie rioters were Boon uisj)orsed
by a few police ; but the now legislators, after their experience
of popular disfavour, successively resigned. To encourage those
who were willing to rally around the Government, an official
notice bad been issued that persons suftering from being " under
the pledge " would receive temporary pecuniary advances from
the Treasui-y upon approved security, i'10,000 of Government
promissory notes were prepai'ed and fiu'nished to tlie Treasurer-
General for this purpose ; but in consequence of the resignation
of the Members of the Council it was considered unnecessary to
act upon the notice, and none were issued.
During this period of the excitement Sir Harry Smith took
counsel with the Judges and his Executive as to the best means
of restoring tranquility. He was advised that moderation was
the most prudent com'se to adopt, in the face of the very decided
and unequivocal feeling manifested by the public. His Excellency
therefore deemed it expedient to issue a proclamation, announcing
that he would withhold tickets-of-leave from the convicts expected ;
that he would not permit them to laud ; and that he would cause
an-angements to be made for keeping them on board ship or ships
in Simon's Bay until Her Majesty's pleasure was received in reply
to the representations wliich had been made respecting them.
This concession on the part of the Governor gave great satis-
faction. It was rcgai'dod as an assurance that in the common
desire to preserve the country from the stigma of convictism, his
Excellency's heart was with the colonists, as he told thom. But
there was stiU a general mistrust and suspicion of Earl Grey's
ultimate determination. What, if irritated l)y tlie opposition to
bis measures he sliould scud out free ])ardons to the convicts in
consideration of their long detention on board ship ? They would
then land as free men, and nobody could restrain them. The
newspapers from week to week giive some accounts of tlie doings
of the desperadoes of Botany Bay and Van Diemen's Land. The
rui'al population liad pictured before them the i^robability of gangs
THE "NEPTUNE" DETAINED IN SIMON's BAY 18f^
of " bush-rangers " plundering from farm to farm. The gravest
apprehensions were thus created respecting the future safety of
life and property ; and it was felt that the community must con-
tinue firm and united in their demand that the convict ship on
her arrival should as soon as possible be sent away from tlie waters
of South Africa.
The agitation, which had lulled for a little time, burst forth iu
all its original vigour when in the month of September it was
announced that the ship Neptune, freighted with 282 convicts, bad
arrived in Simon's Bay. A loud gong sent out its dismal sounds
of alarm from the Town House. The bells of several of the
chiu'ches tolled. The populace assembled to receive and hear
the reports of the " Vigilance Committee," who had been dis-
patched to Simon's Town to watch the " pest-ship" (as the Neptune
was termed), and who reported that the principal shopkeepers and
residents at that place were disposed to act as good men and true
in the cause in which they were engaged. The Municipality of
Cape Town at once wrote to the Governor that " the people have
determined the convicts must not, cannot, and shall not be landed,
or kept in any of the ports of the Colony." His Excellency
promptly replied, expressing his deep regret at the tone of their
communication, which he thought circumstances might in some
degree excuse but certainly could not justify, — intimating that it
was not his intention to relieve the officer in charge of the con-
victs pending the receipt of advices from the Secretary of State,
which might be expected in a month or six weeks, and in the
meantime the Neptune would ride at anchor in Simon's Bay as in
the case of any other ship.
The contest between the Governor and the people now reached a
crisis. The Anti-Convict Association resolved : " That it is the
duty of all good and loyal subjects of Her Majesty at once from
this day to suspend all business transactions with the Government,
in any shape or on any terms, until it is officially declai-ed that
the Neptune with the convicts on board will go away as soon asi
190 HISTORY
all necessary Bupplies for her voyage can be put on board ; and
that all intercoiu-se and connection between private individuals
and liis Excellency and heads of the victuaUing departments shall
be dropt from this day — the merchants, auctioneers, bakers,
butchers, shopkeepers and all other good and loyal people dealing
only with such private individuals as they know and clearly under-
stand to be unconnected with these departments by or through
which supplies sufficient to afford a pretext for the detention of
the convicts may possibly be obtained. And that the measures
already taken for this purpose being too slow for the urgency of
the case, it is recommended that from this moment all shops and
stores shall be closed as for a solemn fast, except for the accom-
modation of ordinary private and well-known customere, that his
Excellency may no longer be in doubt as to the impossibihty of
detaining the Neptune with her convicts within the limits of the
Colony."
There was a diversity of opinion as to the adoption of this
extreme measure. Some thought that the object all had in view
would be attained without pushing the pledge bej'ond its primitive
meaning. They considered that the assurances given by the
Governor were such as ought to satisfy the people that he would
never be instrumental in the landing of convicts in the Colony,
and that witliout his instrumentality they could not be landed by
his Government. These were disposed to think indeed that all
further local agitation should be suspended, except for tlie repeal
of the Order in Council which had degraded the Colony to the
rank of a penal settlement. The principal merchants took this
"moderate" view, and ^vithdrew from further active part with
the Association, with whose object, however, the}' still declared
their sympathy.
But the great majority of the inhabitants steadfastly adhered
to the course of action which had been resolved upon. The
"pledge" was put into operation, and such was the popular
enthusiasm in its favour tliat the Government found all its
GOVERNMENT SUPPLIES STOPPED 191
ordiuary channels of siijiply stopped. No butcher would sell
meat, and no baker would furnish bread, and the Ordinance
Department had to set up a butchery and a bakeiy to provide for
the troops. The Commissariat stocks were limited, and with near
2000 men to feed would soon have been exhausted, but for the
exertions of a few individuals, who, openly defying public opinion
furnished oxen and sheep, and stores of flour and other necessaries.
Those who asserted such freedom of action were at once marked
.and proscribed men — '* under the pledge."
The situation was unprecedented. So universal was the feeling
in favour of the combination, that even any suspicion of being
concerned in dealing witli the Government, or rendering it supplies,
placed a man under the ban of social excommunication. All
intercourse with him was dropped, unless he justified his conduct
before the public. A more curious state of society was never
witnessed. The Anti- Convict Association, supported by the
passive firmness of the community, constituted a complete im-
perium in imperio. Its meetings were held in public in the hall
of the Cape Town Municipality. The proceedings there were
thus described : — " Among the persons present may be perhaps
a dozen merchants, as many landed proprietors, fifty or sixty
shop-keepers and tradesmen, with a sprinkling of clergymen,
lawyers, physicians, teachers, editors, and other members of the
various classes and professions which make up the community.
Before the assemblage so constituted their appear every week,
either personally or by deputy, individuals of the most diverse
callings, all anxious to justify themselves of suspicions of the
gi'avest kind — suspicions which the public, not the Association,
has fixed upon them. Now it is a tradesman whose trade has
suddenly vanished, at another time a general dealer, with whom
nobody will deal ; or a once flourishing inn-keeper whose customers
have completely deserted him. Sometimes a dozen letters and
■depositions ai-e read to cleai- the reputation of a Cape Town shep-
Jfeeper, or a farmer whose homestead is a hundred miles away.
192 HlSTOllY
Or perhaps the representative of a country district attends to
explain sOrae dubious occun-ences which have taken place within
its limits, and brought a cloud on its fair fame. In every case
the affirmations and evidence of the suspected party and his friends
are heard by the company with a patient and serious attention
which would do honoxu- to a court of justice. But if the proofs
are found satisf\ictory, a vote to that efi'ect is passed, and the
acquitted person is welcomed back with hearty applause into the
ranks of his fellow citizens."
The struggle was prolonged until the close of the year ; but
the determination of the people was not relaxed in any sensible
degree. The continued excitement however, was direful in its
effects— interrupting the coiu'se of ti'ade and indush-y — engender-
ing personal animosities — begetting a spmt of disrespect for the
local government, and of disaffection for the parent state. The
" moderate party " for these reasons joined in beseeching the
Governor to yield to the wishes of the people — to incur the
responsibility, serious though it might be, and to send the Neptune
to some place where she might await orders for her further desti-
nation. But his Excellency refused any concession. He admitted
the evils which afflicted colonial society ; but he declined to move
from what he deemed the line of law and duty. Some who re-
pudiated the Association's proceedings lU'ged him to put down the
opposition with a strong hand, but his Excellency's advisers wisely
considered that to adopt such a course in connection with an
agitation so noble in its origin and natiu'e — would lead to most
deplorable consequences, and even still more serious evils.
The Governor himself had meanwhile done all that was possible
iu the way of appeal to the Secrctai-y of State for reversal of his
obnoxious policy. In May, in July, in August, and again in
September, he represented the feeling and urged the cause of the
colonists. Once more, in October, he wrote to Earl Grey : — " I
again emphatically represent and urge upon your lordship the
expediency which good government dictates of not forcing upon
STJRPJilSE OF EARL GRET lf)3
the people of any nation or colony a measure universally obnoxious
to them ; and for this reason I pray your lordship not indeed that
the Neptune may be ordered away, (for that I liave no doubt will
be done before this reaches,) but that the Order in Council, pro-
claiming this colony a penal settlement be revoked, as I have
previously so urgently requested, both as regards military and civil
offenders, and that the Cape be restored to its freedom from the
degi-adation of being a penal settlement. Then and not till then
will confidence, commerce and prosperity, impelled to exertion by
loyalty, be as conspicuous as are disorganization and disorder at
this moment."
Of the successive Secretaries of State to whom the administra-
tion of the Colonial Department was entrusted, during the past
half-century, none held a higher character for abihty than Earl
Grej'. Unfortunately the turn of his mind was strongly influenced
by the old opinions and associations respecting the course to be
pursued towards the dependencies of the Empire. Theoretically
he acknowledged that the colonists were entitled to the freedom
of that self government which they were perpetually asking for ;
but in reality he was continually asserting the autocratic control
of Downing Street in every action and function relating to tlieir
affairs. The consequence was that he proved to be the " blister "
of the Colonies — making them all rise — and sometimes even
threaten withdrawal from the mother-country, which was put in
a state of hot water by the operation.
The remonstrances which first reached him from the Cape
respecting his proposal to make it a penal settlement, excited his
sm'prise and anger. Considering the sacrifices made by Great
Britain for the defence of the Colony a few year's before, it seemed
to him mu'easonable that the inhabitants should raise any objec-
tion to the Imperial policy. That policy aimed at giving the
convicts the best chance of reforming their lives by introducing
them into a country suflering from a deficiency of labourers ; and
and as a reward for cooperation it was promised that liberal pro-
194 HISTOET
vision would be made by the Home Government for sending free
emigrants to those places which received them. He thought that
the opposition would be withdrawn as soon as the chai'acter of
the measure became perfectly understood.
When, however, the resolute action of the Colony found strong
and hearty sympathy ^with a pai'ty in England, and Sir C. Adderley
moved in the House of Commons, in March 1849, that " out of
consideration for the honourable pride and moral welfai'e of the
people of South Africa," Her Majesty would be pleased to order
that the Cape should not be made a receptacle for criminals, the
head of the Government, Lord Russell, gave a pledge on the part
of himself as well as of the Secretary of State, that if the feeling
against transportation to the Colony was persisted in no further
convicts would be sent.
Months passed, during which memorials and appeals against the
measure pom*ed in upon the Colonial Office, and found theu' way
into the columns of the English press. Earl Grey treated them
with quiet unconcern. He was sanguine that the detennination
publicly expressed by the Premier in the House of Commons
would relieve the colonists from the apprehensions which had
been excited ; and ho fully entertained the idea that the small
shipload of convicts he had sent from Bermuda would be landed
and received ; or that whatever difficulty might arise concerning
their disposal would have been met and provided for by the local
Government. It did not occur to him that there was any necessity
for sending official instructions to the Cape, — which might allay
the ferment, — until at the close of the month of November, 1849.
Then he awoke to the very serious condition of affairs, and the
hopelessness of lus expectation that the inhabitants would
acquiesce in his scheme. He saw that there was no other way of
restoring proper relations and feelings between the Government
and the Colony than by retracing the false step he had first taken.
He therefore directetl Sir Harry Smith that the Neptune with her
freight was to be sent on to Van Diemen's Land, and that Her
TICTOEY OF THE AXTI-CONTICT ASSOCIATION 195
Majesty slioukl be advibcd inimcdititely to revoke the Order in
Council making tlie Cape a penal settlement.
In the despatch in which this retraction was signified, Eaii
Grey wrote : — " With the information now before me I greatly
lament that this step should have been taken. Had I been awaxe
how strong was the feeling which existed at the Cape on this sub-
ject I should not have advised the measure which was adopted,
but I confess I fell into the error of supposing that whatever
might be the objection felt to receiving convicts as an ordinary
practice (an objection wliich I readily admit to be founded on
feelings that are entitled to respect) there would still be amongst
the inhabitants of the Cape so much regard for the general interest
of the British nation, to which they had just been indebted for
such truly generous assistance, and also so much of common
humanity towards the unfortunate men as to whom the difficulty
had arisen, that it might safely be calculated that they at least
would be received without opposition. This is an error wliich I
acknowledge, and which I greatly lament."
The gratifying news of the abandonment of the place of landing
the convicts, and using the colony as a penal station, reached the
Cape on the r2th of February, 1850, and was forthwith published
in the Gazette for the information of the inhabitants. The Anti-
Convict Association immediately met, for the last time ; and, amid
the cheers of a crowded assembly, resolutions were passed
declaring that the object for which the Association was formed
had been gained, and that the usual connection and inter-
course with the Government Departments should be at once
resmned, — never it was fervently hoped to be again interruj^ted ;
congratulating the whole colony on the favourable conclusion of
the long struggle in which it had been engaged ; and reverentially
acknowledging theii* deep gratitude to Divine Providence for the
" stainless trimnph " which had crowned their anxious efforts to
protect the character of their beloved country. The victory thus
achieved b}' the united English spirit and Dutch resolution of the
196 niSTOET
Cape community was not limited in its influences to South Africa.
It served to sti-engtlien the hands of the Australian colonists in
the contest which followed between them and the mother-country,
on the question of the disposal of her felons, and which was not
abandoned until in 185o, Her Majesty's Secretary of State, the
Duke of Newcastle, announced the determination of the Govern-
ment to discontinue altogether the transportation of convicts, and
to adopt the present system of home penal semtude.
Among the men who stood foremost at this time of the colony's
emergency, was Mr. John Fairbairii. At the commencement of
his career, when he fought the battle for the Freedom of the
Press, he declared his purpose to be " to make, or assist in
making, this country a fit country for free men." As a journalist
he devoted himself to that work from 1824 till 1860. Throughout
this long period, the force of his able and enlightened writings in
the Commercial Advertiser exerted a great educating and elevating
influence upon the Cape and its people. Whatever improvement
or progress was made, whether social, material or political, he was
either its originator and promoter or its enthusiastic advocate, —
ever awakening, stimulating, or guiding the energies of the com-
munity in forming and establishing the various free institutions
of the country.
When Eavl Grey by his rapid metamorphose of consultation
into command, decreed the colony should be a penal settlement,
Mr. FairbauTi at once saw his life's labour threatened with
destruction. A stream of criminal pollution would soon cover the
land, as fatal in its consequences as the sea of death which
covered in its funereal mass the Ancient Cities. Against that
decree he declared his uncompromising hostility in such burning
words as these: "It is unconstitutional and contrary to the
analogue of the wisely-framed customs of the parent state — there-
fore we protest against it. It is unjust, and therefore we resist it.
It is dangerous, and we constnict ban-icrs against it. It is de-
grading, and therefore we will sooner die than submit to it." He
ACTION AGAIXST THE ANTI-CONYICT ASSOCIATION 107
was the inspiration of the Auti-Convict Association from the very
outset to its close; and the influence of tliat body was gi-eatly
owing to the confidence felt not only in his wisdom in guiding it
in the Lest channel for attaining its end, but also in his earnest
zeal and unflinching firmness as a leader. Some of theii- proceed-
ings he admitted were carried to an unnecessary extent ; but he
urged that allowance should be made for them. " As a colony,"
he said, "we are standing on the verge of utter destruction, and
in self-defence we are entitled to use every means in our power,
even if we give offence to the legal mind or the royal mind. But
I believe that the legal mind and the royal mind of the whole
world will approve and admire the course adopted ; they M'ill say,
' you have done what is right, and if in such an emergency you
made some mistakes — to err is human, we forgive it.' " "When
the crisis of the struggle came, his fearless intrepidity was most
conspicuous. There were threats of political prosecutions and of
personal violence, but he never winced. A criminal prosecution
was not tried ; most likely it would have failed, as no jury would
have been found to condemn the popular proceedings at the time.
But a civil action was instituted, — one of the parties placed ' under
the pledge,' claiming ^5,000 as damages for injm-y caused to his
business by the combination of the Association.* The Attorney-
General with all his legal acumen and powerful eloquence pressed
the case; but the defendants' advocate, Mr. Brand (afterwards
Sir C. J. Brand, the first Speaker of the House of Assembly)
raised the grave and important question of the competency of the
Supreme Court to try the action. The Governor had stated in
public that the judges had given their opinion to him in reference
to the matters agitating the community. This was urged as a
sufficient ground for recusing tliem ; and Mr. Brand produced
* Vide Law Reports of the case "J. Letterstedt v. Rev. G. Morgan, John
Fairbairn, Sutherland, Bergh, and Van Reenen," Jlembers of the Anti-Convict
Associati'jn.
198 HISTOET
several musty books and authorities, shewing that the old Dutch
and colonial law made provision for, —
" That worst of ills, a vengeance-breathing judge,
"Who to his luckless suitor owes a grudge."
The exception taken proved effectual. Although two members of
the bench desired to go on with the hearing of the suit, the thii-d
judge I Mr. Musgrave) dechned to do so. The administration of
justice, he felt, ought to be, like the chastity of women, not only
pui-e, but free from suspicion. And he acknowledged that, fol-
lo\^■ing a practice common in Cro\ATi colonies, the Governor had
consulted with the Judges of the Court in the difficulty which had
arisen as to the sending away of the Neptune. In the face of this
avowal, the Attorney-General thought it was best for the dignity
of the Coiu-t and the good of the pubUc to stop further proceedings,
and the action was dropped altogether.
Many years afterwards, when the bitterness of the discussion
and party-stxife engendered by this great contest was past and
forgotten, the Attorney-General, Mr. Porter, made an eloquent
acknowledgment of Mr. Fairbaii-n's many great services to the
colony. " In him," he said, " we recognise the man who has done
more than any other man living to raise the tone of thought and
feeling aU over South Africa. He made the welfare of his fellow
men the study of his hfe ; and their blessings aud thanks follow
him to his grave.
" But strew his ashes to the wind
Whose voice or pen has served mankind.
And is he dead whose glorious mind
Lifts thine on high ?
To live in hearts we leave behind
Is not to die."
IX.
The Struggle for the Constitution of 1853.
1850 to 1854.
Renewed desire for Self-Grovernment — Constitution framed by Committee
of the Privy Council — Election of Members to the old Legislative
Council — Collision between the Elected Members and the Officials
— Appeal to England — Debates in the Imperial Parliament —
Distracted State of the Colony in 1851-2.— Proposals for Federa-
tion and Separation — Conservative opposition to the Constitution
Ordinances— Discussions on the Parliamentary Franchise — AiTival
of Governor Sir G. Cathcart and Lieutenant-Governor Darling —
Illness and Death of Mr. Montagu — Changes of Ministry in
England — Revision of the Ordinances — The Constitution ratified
by Orders in Council — Dissolution of the old Legislature — Meeting
of the First Parliament.
The long-cherished desii-e of the Cape colonists for the privilege
of self-government was stimulated hy the success of the Auti-
Com-ict agitation. Cu'cumstances at the time appeared to be
favom-able for the reaHzation of their wishes. The leading men
of all parties in England were, more or less, cominced that
the British communities, which had been planted in various
parts of the world, could neither attain their full development
nor be held in permanent attachment to the mother-coxmtry,
without the concession of a larger measure of representative and
constitutional Government than had hitherto been accorded them.
Acting upon this conviction and principle. Lord John Russell, at
the opening of the session of the Imperial Parliament in 1850,
200 HISTOEY
l^ublicly aunounccd tlie intended liberal and generous iDolioy ot
the GoYernment, in respect to several of the dependencies of the
crown, and ^intimated . that among tliose colonies to whom free
institutions would be granted, was the Cape of Good Hope.
The form of Constitution to be adopted, was framed by a
Committee of Her IMajesty's Privy Council, after a careful con-
sideration of all the papers and minutes forwarded from the
colony by the Governor in 1848. The plan recommended was
tliat there shoidd be one General Legislature over the whole
colony, and that it should consist of three estates — a Govei'nor,
a Legislative CouncU, and a Representative Assembly. Instead
of the Council being a nominative one, it was proposed that the
elective priuciple should enter into its composition, but that it
should be elected by a different body of electors than those by
whom the Assembly were chosen, and for a longer time. There
were to be no official members in either house, but the officers of
Government might have the right of speaking, although not of
votiug, in both branches. The fixed establishments of the Civil
Service were to be provided for by a permanent charge upon the
Revenue, in the same manner as the civil list of the mother-
country is charged upon the Consolidated Fund. The Legislature,
however, was to have full power to alter this appropriation by
laws in the usual form.
The difficulties anticipated long before, by Lord Stanley, in
the practical Morldng of Representative Institutions, from the
distance which separated much of the wide territory included
witliin the colony from the seat of Government, were fully
acknowledged by the members of the Privy Council Committee,
who stated that they were only withheld from advising that the
colony should be divided, bj^ the decided adverse opinion of the
local executive and judicial officers, whose personal knowledge of
the country gave them better means of judging that the materials
for two separate Legislatm-cs did not exist. The Committee,
however, considered that if the population of the Eastern districts
CONSTITUTION FRAMED 201
should be largely increased, the division might at any time after-
wards be effected — if, in the opinion of the colonial Legislature,
to be created, it was desirable. And in order to mitigate as much
as possible the inconvenience to which those representatives,
residing in the country, would meanwhile be subjected, it was
recommended that members should be paid their travelling and
other expenses, and that as large a share as possible of pubhc
business should be entrusted to the municipal and other local
bodies, and that no opportunity should be lost of improving the
organization of these bodies ; leaving to the General Legislature
only that class of business which, in the strictest sense of the
word, was of common interest to the whole colony.
The main provisions of the new Constitution thus drafted were
embodied in Letters Patent, issued by Her Majesty in May, 1850,
graciously " Granting a Parliament to the Cape Colony, with
authority to make laws for the peace, welfare, and good Govern-
ment of the settlement." These Letters Patent, at the same
time, empowered the Governor with the assistance of the old
Legislative Council, to frame an Ordinance constituting the
Parliament, and settling the qualifications of electors and of
members ; the districts to be represented, and other matters
upon which it was impossible to come to a satisfactory conclusion,
without more minute local information than was accessible in
England. The Ordinance, however, was not to take eff"ect untU
it was approved and, if necessary, amended by Her Majesty.
The Governor, Sir Harry Smith, received instructions that the
old Legislative Council would have to settle the details of the
new Legislative scheme. The Council had been in abeyance, if
not vii-tually dissolved, ever since the resignation of the un-
official members, diuing the excitement of the Anti-Convict
agitation, and had now to be re-formed.* As an Institution it
* Only one of the nominated members, Mr. Cock, of the Kowie, Albany,
retained his seat throughout, and after this agitation, he held to his post, ia
the interest? cf the part of the country where he resided.
202 HISTOET
had fallen into disrepute. There was a general repugnance to
accepting office on the purely nominative plan, and under the
circumstances great difficulty was anticipated in getting suitable
persons to fill the vacant seats. The Governor, after consulting
Ms Executive, resolved to adopt a mode of popular election. He
thought it -would secure for the labours of the Council a greater
degi-ee of public acceptance and. at the same time, would be a
preparation for the exercise of the rights about to be bestowed
upon the people, were he to throw himself upon the colony and
invite the principal bodies in the towns, and the divisional road
boards in the country, to send in the names of five persons whom
they would desire to have appointed as Legislative Coimeillors.
From the names submitted he proposed to nominate those best
entitled to the confidence of the several classes, and districts
composing the entire colony.
The result of this proceeding was that the five gentlemen
recommended by the greatest number of municipalities and road
boards, proved to be prominent Liberals and Colonial Reformers,
viz. :— Advocate C. J. Brand, Sir A. Stockenstrom, Mr. F. W.
Reitz, Mr. J. Fau-baim, and Mr. J. H. Wicht The Governor
selected the first four of them, and instead of the fifth he
nominated Mr. Godlonton, an influential resident of Graham's
Town, and for many years the able editor of, and the advocate
of frontier interests in. The Graham's Town Journal, in order
to give what he considered a fair share of representation to the
Eastern districts. This departure from the order of the election
disappointed a portion of the public, although it met with the
approval of the majority of His Excellency's advisers, on the
ground that it acknowledged the claims of a distant, but most
important portion of the colony.
The Council so constituted met in September at Cape Town,
and the Governor in his opening speech, stated that one of
the principal objects for which the members were called to-
gether was to pass the Ordinance, which was to form the basis
ME:\rBEES KESIGN 203
of the new Constitution. For a short time everything went
harmoniously. The draft Ordinance was considered in com-
mittee, and various points were debated and passed unanimously
— including the important point respecting the elective franchise,
which was fixed at twelve months' occupancy of property of the
value of ^25. The only difference of opinion arose on the
question of the qualification of the members of the Upper House ;
the ofiicial and nominated members voting together for a higher
qualification than the elected members. The Council being thus
divided into parties of seven and four, the public representatives
felt themselves an important minority. Their relations with the
majority were not improved by a discussion wliich arose respect-
ing the nomination, made by the Governor, in the course of which
the Secretary, Mr. Montague, expressed his opinion that these
four popular members would not have been in the Council, but
for the electioneering influences of a party in Cape Town. The
crisis of the collision came, however, when after fourteen days'
sitting, the subject of proceeding with some general business was
brought forward. The passing of the estimates was considered
necessary by the officials, inasmuch as for the space of a year or
more, the Governor had been carrying on the expenditure without
any Legislative authoritj". The elected members objected. They
maintained that they had come to the Council for the purpose of
framing the Ordinances for the establishment of representative
institutions, and for none other. They regarded themselves in-
competent to vote away one farthing of the money of the people,
whose object in electing them was to expedite the construction of
the Parliament, before whom all these matters could be brought.
"The Constitution, and nothing but the Conslitution" was their
watchword ! On proceeding to a division, they were out-voted by
a majority of eight against four. They thereupon immediately
resigned their seats and withdrew. The Council was thus, from
want of a legal quorimi, reduced to a state of inaction. The
proceedings ended, and the Legislative machinery once more
came to a stand-still.
204 HISTORY
The Governor was in au embarrassed position. Feeling the
impossibihty of again establishing the Council, he abandoned
the attempt; but to carry out the expressed wish of the Secretary
of State, that the Constitution should be completed without delay,
he asked the remaining members, official and unofficial, to form a
Commission to resume the consideration of the matter, where it
had been left off by the committee of the Council, and to frame
an Ordinance in such manner as, if they had the power of
legislating, they would be willing to adopt. The Commission
immediately set, and before a week elapsed brought up a report
containing theh recommendations. This report was published and
the public generally were invited to communicate their opinions
thereon in petitions, which the Governor undertook to forward
to the Secretary of State. His Excellency thought that with
such information before him, Earl Grey might consider it practi-
cable and preferable to provide for the introduction of represen-
tative institutions, by some instrument to be issued in England.
Meanwhile the coui-se adopted by the seceding members met
witli public approval. The minds of a considerable- portion of
the people were impressed with the idea, that as the colony was
already ripe for representative institutions the old Legislative
Council should at once be abohshed, and be replaced by a Repre-
sentative Assembly ; and the action of Messrs. Stockenstrom,
Brand, Fairbairn, and Reitz was regai-ded as a means of
expediting it. The municipahty of Cape Town and the inhabi-
tants in public meeting, declared thek approbation of the step
taken by the scceders, and as a mark of confidence requested
these gentlemen to draft such a Constitution as they deemed
best for the colony. They did so in a paper which obtained the
apeUatiou of the " Sixteen Articles," and which, save in the
points of the qualification of members of the Upper House, and
then- election by the whole colony generally, instead of by
districts, did not very materially differ from the details of the
plan drawn up by the Official Commission. This draft was
DEBATES IN THE IMPEEIAL PARLIAMENT 205
published and circulated tlu'ougbout the country., by means of
the extensive and well-organized machinery, which the friends of
Eeform had in operation. The local committees which the Anti-
Convict agitation had called into existence, were ready to hand in
every district to promote their objects. The " Sixteen Articles"
of the proposed Constitution, together with addresses to the
Queen, praying that the same might receive Her Majesty's
sanction without further reference or delay, were thus accepted
and adopted by public meetings — representing, it was said, nine-
tenths of the colonial inhabitants. It was also resolved at these
meetings to depute Sir A. Stockenstrom, and Mr. Fairbairn, to
proceed to England to " vindicate the rights and interests of the
colonists before the British Parliament and people," and to nse
their best exertions to obtain the immediate introduction of the
new form of Government.
By the close of the year other events transpired to bring the
condition of Cape affairs into prominence in England. The Gaika
tribes, on the Kafir frontier, opened war upon the British troops
in the Boomah Pass, and massacred the settlers at the mihtarj'
villages of Auckland and Woburn, in the Chumie Basin ; and
this was soon followed by the defection and rebellion of numbers
of the Hottentots along the Border. Both the political and
military embarassments of the colony were the subject of re-
peated inquiry, and of some important debates in the Imperial
Parliament during the session of 1851. Mr. Adderley who took
up the case of the colonists moved an address to the Cro\\Ti,
praying that a Commission might proceed to South Africa, similar
to the Commission of Inquiry sent out in 1827. Lord John
Russell, the Premier, opposed the motion and carried an amend-
ment, that the inquiry should be referred to a Committee of the
House of Commons. This Committee sat and took evidence,
chiefly respecting the relations with the Kafir tribes on the
frontier ; but owing to the proceedings being protracted to the
end of the session, and the " magnitude and difficulty " of the
206 HISTOET
subject, made uo report. The Cajje delegates were examined
before the Committee, and urged the immediate establishment of
those representative institutions to which the people were aspir-
ing. Mr. Fairbairu advised that the best course, both for the
satisfactory administration of afTahs withia the colony, and to
recover the affections of those who were desirous of pushing
beyond the limits of the colony, was to estabUsh a good Govern-
ment.
" Through a Representative Assembly, constantly in action,"
said he, " you will be able to discover the truth respecting the
state of South Africa, and come by degrees to a sound system of
poHcy ; but, till that is done, you can have uo idea of what is
passing there. No man knows it ; it is too wide a field for any
man to obtain all the information which is requisite. Perhaps
those who have the knowledge conceal it, and there may be
many people interested in withholding facts and iuventing
stories; so that, altogether, at present there is no method of
getting at it completely, without an open Government at the
Cape, where all parties can be heai'd always, as in this country,
and where au}' statement would be published, and met on the
spot by persons competent to give evidence upon it. You would
then have the means of obtaining information as to the course
to be taken, aud you would have the colonists reconciled, self-
government creatiug self-respect, and combiniug the different
classes together."
In the House of Lords the whole policy of Earl Grey in
reference to the colony, and more particularly the delay in
giving effect to the Constitution, granted by Her Majesty's Letters
Patent, underwent a searching and protracted discussion. The
subject was brought forward b}' Earl Derby, and the reputation
and existence of Lord Russell's Cabinet were nearly involved in
the issue. The Ministry declared, in then- defence, that nothing
could be more fixed than tlie determination of the Government
to estabUsh representative institutions at the Cape; but they
DISTEACTED STATE OF THE COLOKY 207
blamed tlie seceding members of the local Council for tlie delay
wliicli had occun-ed, and they intimated that they considered it
necessary to adhere to the plan originally determined upon, of
requiiing that Ordinances should be passed by the existing
Legislature of the colony, to provide for bringing the proposed
Constitution into operation.
Under pressure of these circumstances, instructions were sent
out to the Governor of the Cape, to lose no time in again com-
pleting the old Legislative Council to the nmnber required for
considering and deciding upon the draft Ordinances; and as an
encouragement to those gentlemen, to whom he might apply for
assistance in fiUing the vacancies, it was mentioned that they
would incur little responsibility, from the fact that the Ordinances
they would be called upon to pass could not come into force,
until they were confirmed by the Queen in Council, and Her
Majesty had reserved to herself such ample powers of amending
them, that if — when they were received — they were found
to be defective, any necessary corrections might be made in
them. Shortly afterwards four new unofficial members, Messrs.
Hawkins, Arckoll, Christian and Moodie, accepted nomiuatioa
to the vacant seats at the Council, which was immediately
re-assembled, and ere the close of the year, the draft Ordi-
nances prepai'ed by Her Majesty's Government, for bringing into
operation the new ParUament were laid before it.
The colony at this time was in a most distracted state. War
and rebellion prevailed along the frontier, and the Kafir- land
Border. The defection of the Hottentots in the East created a
groundless alarm in some parts of the West, that the coloured
class were about to rise. The Governor, Sir Harry Smith, as the
Commander-in-Chief was at King WUham's Town directing the
movements of the troops, Mr. Montague, the Colonial Secretary,
as chief of the Executive was, de facto, Governor in Cape Town;
and his relations, with a considerable portion of the public, were
by no means harmonious. The agitation for " the Constitution
208 HISTOET
and nothing but the Constitution " had widened the social breach,
which the unhappj' convict question had first created. There
was also the inevitable collision between those who wished to
perpetuate the old system, and those who wished to reform it.
By some of the officials and their supporters, the popular move-
ment was regarded as of a dangerous democratic character,
aiming at the subversion of the Government. The public, on the
other hand, were impressed with the idea that the officials
desired to maintain as long as possible the old bureaucratic
regime, and they were using every means to delay, if not to
postpone, indefinitely the generous determination of Her
Majesty, to give the colonists a share in the management of
theii' o^^•n affairs.
Among the colonists themselves there was not altogether
perfect unanimity in regard to the new system of Government. By
the popular leaders of the Reform party, the draft Ordinances were
gratefully accepted as a most liberal instalment of constitutional
Government, wliich, if not mangled or vitiated by their opponents,
would enable them gradually to remedy every defect. But there
was a section who advocated a Federal system — that South Africa
should be divided into four provinces — namely, the Western and
Eastern provinces of the Capo of Good Hope, the Orange River
Sovereignty and Natal, each possessing distinct governments com-
plete in all departments for local purposes, and united under one
general government for objects of common interest. A portion of
the Eastern districts again pleaded forcibly and incessantly for
separation, that they should have a legislature independent of that
provided for the West, or that the seat of Government should be
amongst them. Port Elizabeth and Uitenhage upon this ground
abstained from having an3tliing to do with the election of the
representative members to the Council. And the members from
Graham's Town— Messrs. Godlonton and Cock, who sat on the
official commission and assisted in frammg the draft Ordinance, at
the close of their labours submitted a protest containing 31 reasons
PEOPOSALS FOE FEDEEATION A^'D 6EPAEATI0N 209
against tlie proposed form of goverumeut because it did uot provide
for the separate and independent control and administration by
the Eastern inhabitants of their own affairs.
Nearly all the nominee members who were called upon to lill
the vacant seats in the resuscitated Legislative Council were
Conservatives, and really opposed to the introduction of a repre-
sentative form of government at that time. Then- proceedings
soon indicated their intent to procrastinate its enactment. Lord
Grey's draft Ordinances arrived in October, 1851, and were sent
on to Kaffraria for instructions what to do with them. They
came back from the Governor, and were formally read a first
time in November. An interval of two months was fixed before
the second reading came on, in February, 1852 ; and then it was
proposed that the question should be postponed tUl the close of
the war in which the country was involved. The unofficial
members were all of this opinion. The officials were di\dded —
three of them, the Attorney-General (Mr. Porter) ; the Auditor-
General (Major Hope) ; and the Collector of Customs (Mr. Field)
took the view that public faith, pubUc interest, the personal
honour of Her Majesty's ministers and of Her Majesty herself
were all pledged that the Constitution should be put in operation
at the earliest possible period. On the other hand, the Colonial
Secretary (Mr. Montagu), and the Treasurer-General (Mr. Kivers)
adopted the views of the unofficial members. It was remarkable
that only two years previously Mr. Montagu had advised in a
memorandum upon the subject that, whatever its di'awbacks, a
constitutional Government should be conceded to the colony, and
that the sooner it was introduced the sooner would the rui*al
population, by the mere exercise of their privileges, be trained to
a willing and intelligent discharge of the duties thereby imposed
upon them. But the circumstances which in 1848 seemed
favourable and appropriate for the proposed change appeared to
him directly the reverse in 1851. The agitation on the convict
and constitutional questions, he fancied, had evoked national
210 nisTORT
prejudices and anti-Englisli feelings, and he was of opinion that
in the existing state of the colony due caution shoi;ld be observed
in estabUshing su'li a check as -would afford fail' consideration to
the British Government and effectual protection to the English
colonists. UntU that was secured, he deprecated the change,
and he wrote to His Excellency, the Governor, reo[uesting to be
relieved of all responsibility of the consequences of proceeding,
as he believed there was a likeHhood of public disturbance in the
critical state of affairs at that moment. Sir Harry Smith, from
his camp at King William's Town, promptly replied : — " I desire
the Legislative Council to proceed to the discussion of these
Ordinances as a Government measure, leaving each clause an
open question. I apprehend far greater embarrassments to the
Government by delay than bj' procedure. I am ordered by Her
Majesty's Government to proceed, and my own opinion concurs
in the expediency of that order. I see no cause whatever for
apprehension as to any public disturbance
Under any circumstances, however, I do not view a war upon
the borders — and it is now nothing more — as affording cause for
deferiing the grant of a representative government."
This positive order and injunction at once decided the action
of the Council. As a " government measure " the second read-
ing of the Ordinance was passed — the five officials, as in duty
l)0und, votmg for it, and the four unofficial members against it.
The consideration of the various clauses were then proceeded
with, and these having been declared by the Governor to be
"open questions" there was much discussion and division of
opinion upon some of them. Tlie unofficial members objected to
the franchise of ^-iJS as being equivalent to universal suflFrage,
and in this course they were supported by Mr. Montagu, who,
although he had been one of those who originally proposed,
the low franchise, now regarded it as dangerous and tending to
increase the alarm and ill-feeling tliat existed between the farmers
and the coloured classes. The Auditor-General, the Attorney-
DISCUSSIONS ON THE FBANCHISE 211
General, and the Collector of Customs, each in their turn opposed
this amendment, wliich they regarded as aiming a blow at the
very heart of the Constitution. Mr. Porter especially distinguished
himself in the debate by his espousal and advocacy of the civil
rights of the poor man, and claimed to do so as a Conservative,
in the truest sense of the word, of peace, of order, of property, of
freedom, of everything which it is desirable to conserve. His
speech was characterised by the noble thought and happy illustra-
tion which distinguished his most eloquent utterances. " This
.£25 franchise," he said, "is with me a si?ie qua non. If you are
prepared to disappoint the expectation of the coloured classes — if
you are prepai-ed to destroy the hope that representative institu-
tions would come into operation in harmony and good-feeling — if
j'ou are prepared to sow the wind and reap the whirlwind — if you
are prepared to tell these people that you fear to admit them to
the privilege of the Constitution, and thus create in their minds
that dread of class legislation which they are so hable to entertain
— if you are prepared to do all this, I, for one, will be ready to tear
this draft Ordinance to pieces, and to be done at once with the whole
concern. What capitalist need fear to lose by the representatives
of the coloured classes, a single penny of his mortgage money, and
what landowner a single acre of his land ? Neither the disposition
nor the power exists to produce any sort or degree of such evils.
But will any fair man say, with the same confidence, that in a
Parliament, from which the coloured man's representatives are
shut out, and in which he cannot make himself heard, his rights
are in no danger of being violated ; that nothing could be done
by such a Parhament prejudicial to the freedom of that labour by
which the coloured man supports himself and his family. You
say that you must guard the rights of property. I agree with
you. It was to guard the rights, and show respect for even the
timidity of property, that a property qualification was estabUshed
for members of the Upper Chamber. Guard, then, in like manner,
the right to personal freedom, and to freedom of labour, and
212 msTOEY
show respect even to gi'oundless fears in regard to these things.
Let the well-conducted coloured man feel that he has, as it were,
a stake in tlie colony ; that he is not treated like an ah en or an
outcast, a rogue or a vagabond, but as a member of the family — a
child of the house ; and then the temptation will be withdrawn to
have recourse to lawless modes of averting threatened evils.
Pioperty is protected in the Upper Chamber. If the coloured
classes have, in general, little fixed property to protect ; they have
another sort of property, which they should be enabled to protect.
They have then- labour to protect ; they have to protect the right
to carry their labour to their own market, and sell it at their own
price ; they have to protect the right of making the most of
whatever powers of mind and body God has given them ; they
have to protect tliemselves fi'om oppressive vagrant laws, calcu-
lated to compel them to do forced work ; and, having all this to
protect, they have sense enough to know the men who would
oppress them, if not checked, and the men who would stand up
for them and take their part."
Notwithstanding Mr. Porter's eloquent appeal, the quiilification
he advocated was rejected by a majority of eight against three ;
and one was substituted, giving electoral rights only to possessors
of property of .£50, or persons paying rental of £10, or being in
receipt of a yearly salary of ^'50, or half that sum, if provided
with board and lodging. Other amendments were also made —
one of which doubled the property qualification for members of
the Legislative Council ; and another did away with the provision
excluding persons holding offices of profit under the Crown from
voting at elections.
The di-aft Ordinances tlius amended were scarcely passed by
the Council, when important changes took place in the iiersonnel
of the local Government. In !March, 1S52, Sir G. Cathcart
superseded Sir Harry Smith as Governor and Commander in-
Chief ; and, as he was to be occupied for some time vrith the
management of the war, Mr. (afterwards Sir Charles i Darling
DEATH or ME. MONTAGU 213
was appointed Lieutenant-Governor, cliargecl with the special
duty of the civil administration. Mr. Montagu was forced by
ill-health to retire from the colony on leave, and his place as
Colonial Secretary was temporarily filled by Mr. Southey.
Mr. Montagu only retired to die at home a year afterwards.
The stress and strain of the business devolving upon him in
carrying on the Government during the Kafir war — the anxiety
he felt regarding the contemplated constitutional changes — his
sensitiveness of the tide of popular feeling breaking against him
while he was being coldly seconded by some, and misunderstood
by others — all contributed to over-tax his sti'ength, and hopelessly
destroyed his health. When the painful news of his death reached
the colony, it was felt as a public calamity. The political oppo-
sition, which caused estrangement between him and others
equally ardent in the maintenance of their own views of the
public good, at once vanished, and the great services he had
rendered to the country were acknowledged by all. He had
laboured as the chief executive officer of the colony from 1843
till 185:2, and during these nine years his talents, zeal, and
administrative genius were displayed not only in the business of
his office, but also in the active promotion of Avorks of practical
utility. By his able financial pohcy he cleared off an accumulated
debt, and placed the various departments of the civil service in
a state of efficiency unknown before. He introduced an excellent
system for the discipline and management of criminals, providing
for their moral improvement, and, a,t the same time, making their
labour available for the public benefit. But the formation of
roads and bridges, and the construction of mountain passes open-
ing up in all directions new soui'ces of wealth and prosperity,
was the crowning work with which his name is most worthily and
unperishably associated in South Africa.
In the mother-country political changes also occurred. In
1852 the Whig Ministry, under Lord Russell, which for some
time before had been gradually losing its supporters, was in a
214 HISTOET
minority and resigned ; and tlie Conservatives, under Earl Derby,
came into short-lived power. Sir John Packington was Secre-
tary of State for the Colonies, when the transcript of the
Ordinances passed at the Cape, together with Mr. Darling's
report thereon, reached England. Sir John intimated it was the
opinion of Her Majesty's advisers, as it had been of their prede-
cessors, that the new Constitution should be called into eifect at
the earliest possible period, consistent with due consideration of
the difficulties with which the progi'ess of events had surrounded
the subject. And, before coming to a decision with regard to the
time, the opinion of Governor, Sir George Cathcart, was called
for, in regard to the questions of the franchise, the division of the
colony, and the removal of the seat of Government, if the colony
was not divided. MeanwhUe, tlie Derby Cabinet had to give
place to the Coalition Ministry, formed under Lord Aberdeen,
and the Duke of Newcastle took the seals of the Colonial Office.
In March, 1853, he announced that the Ministrj' had determined
to advise the Queen in Council to ratify the Constitution Ordi-
nances, with certain revision and amendments. Among these
amendments was the general question of the Parliamentary
suffrage. Her Majesty's advisers deemed it right to revert to the
basis originally contemplated and approved of in the colony, the
£2b franchise. At the same time they approved of the provision
for conferring the right of voting in respect of salary or wages of
a certain amount. This conclusion, it was stated, was come to
from then- earnest desire that all Her Majesty's subjects at the
Cape, without distinction of class or colour-, should be united by
one bond of loyalty and common interest, and then- behef that the
exercise of political rights, enjoyed by all alike, would prove one
of the best methods of attaining that object. On the question of
removal of the seat of Government no special proj-ision was in-
troduced, as it was in the Governor's power to assemble Parha-
ment at such place as public exigency might require. With
regai-d to separation, it was considered tliat the means did not
DEPAliTVllE AND DEATH OF SIR GEOEGE CATUCART 215
exist of forming two separate and sufficiently numerous Legisla-
tures; and on grounds of economy and policy it was deemed
necessary to have a united Pai'liament in the first instance, so
as to ch-aw into one focus the various opinions and desires of the
representatives of the whole colony in matters appertaining to its
common interests.
" It only remains for me now," wrote the Duke of Newcastle to
Sii" G. Cathcai't, " to assure you that, in transmitting to the colony
of the Cape of Good Hope Ordinances which confer one of the
most hheral constitutions enjoyed by any of the British posses-
sions, Her Majesty's Government are actuated by an earnest
desire to lay the foundation of institutions which may carrj' the
blessings and privileges, as well as the wealth and power of the
British nation into South Africa; and, wliilst appeasing the
jealousies of sometimes conflicting races, to promote the seciuity
and prosperity, not only of those of British origin, but of all the
Queen's subjects, so that they may combine for the great common
object — the peace and progress of the colony."
Early in 1854 Sir George Cathcart proceeded to England to
assume the high and honourable office of Adjutant-General of
the Forces, to which the Queen had been pleased to call him ;
and before the close of the year he met with an untimely, but
most glorious, death on the battle-field of Inkerman, in the
Crimea. Previous to his departiu'e from the Cape, he had
brought the Kafir war to a successful termination, and initiated
important measures for the maintenance of peace on the frontier.
The distinguishing features of the policy in force were — the
military occupation of British Kaflfraria under a government
separate from, but subordinate to, that of the Cape; the estabhsh-
ment of the head quarters of the troops at a point in close proximity
to the immediate frontier (Graham's Town being, in the first in-
stance, selected for the purpose), under a commander-in-chief,
whose authority also extended over the army in British Kafi"raria ;
the settlement along the Victoria East and Queen's To^\"n districts
216 HISTOEY
of a body of energetic and gallant colonists, the essential condition
of whose continuance in possession of farms freely granted to
them was that they should be at all times i)repared to serve in
arms at the summons of the Government ; — the removal of the
rebellious Kafir chiefs and tribes beyond the border, and the
settlement of Fingoes, and others whose loyalty could be relied
upon, in immediate contiguity -ndth it ; — the formation of a corps
of mounted police, whose gallantry and efficiencj' were well
proved under their commandant, Walter Currie ; — and finally the
re-creation of some of the Eastern districts into a lieutenant-
government, the ofiicer in command of the troops, Lieutenant-
General Jackson, receiving authority to exercise jurisdiction in
certain civil matters, in subordination to the general authority of
the Governor of the colony.
Until a successor to Sir George Cathcart arrived, the duties of
the general administration of affairs devolved upon Lieutenant-
Governor Darling ; and Mr. Rawson W. Rawson, who had filled
the post of Treasurer and Paymaster-General at Mauritius, re-
ceived the permanent appointment of Colonial Secretary. On
the 13th of October, lSo3, the old Legislative Council was
fonnerly dissolved — the Lieutenant-Governor remarking that this
institution, based upon the principle of representation by election
of the Crown, was far from ill-adapted to the intermediate state
which was considered essential to the change from the absolute
form of government which fonnerly prevailed, to the system of
representation by the people, upon which the colony w'as about
to enter. The elections for the new Parhament soon followed;
and on the 1st of July, 1854, the opening ceremony took place in
the state-room of Government House, Cape Town, when the
Queen's Representative, Mr. Darling, declared to the assembled
members : — " I rejoice that the moment has arrived when, by the
completion of the provisions of the law of the Constitution, I am
enabled, in the name and on behalf of the Crown, to meet you as
the representatives of Her Majestj^'s faithful subjects of the Cape
of Good Hope in Parliament assembled."
X.
Parliajnentary Govevmnejit.
1855 to 1861.
Sir George Grey's Plans for the moral subjugatioii of the Kafir Tribes —
Defence of the Frontier — Unexpected Events : — the Cattle Killing
Delusion — Destitution and Famine in Kafirland — Seizure of the
Chief Macomo —Expedition against Kreli — The work of the First
Parliament— The Free State Proposal for Alliance, and Sir George
Grey's scheme of Federal Union — His Recall and Ee-appointment
— Prince Alfred's visit — Sir George Grey's appointment to New
Zealand — The general tendency of his Policy in South Africa.
Ix was the good fortune of tlie first Cai^e Parliament to have the
counsel and assistance of an exceedingly able and experienced
administrator, as Governor and High Commissioner. In 1854
the Duke of Ne^ycastle selected His Excellency Sir George Grey
to succeed Sir George Cathcart. He had formerly, as Lieut.
Grey, been one of the ex^Dlorers of "Western Austi-alia. He had
afterwards been successively Governor of Soutli Australia and of
New Zealand, and had displayed great skill, tact, and abihty, in
dealing with the primitive inhabitants of these countries. In
New Zealand, especially, he had been very successful in concilia-
ting the natives and in inducing them to abandon warlike pui-suits
and adopt habits of peace. These experiences furnished the best
218 HISTOEY
guarantee of hiss competency for the similar task of civilizing tlie
savage tribes of South Africa.
Sir George Grey, soon after his arrival, made a torn- through
a large portion of the colony, and Kaffraiia, the Free State, and
Natal, during his journey availing himself of the opportunity of
holding personal communication -nith the various classes of the
communitj' as well as ascertaining the capabihties of the country,
and comi^rehending the political relations of the colonists Avith
the natives contiguous to them. He then communicated to
the Home Government and to the Colonial Parliament the policy
he proposed to adopt. He at once asked Great Britain to supply
.£40,000 ijer annum to defi'ay the cost of executing public works,
maintaining education and benevolent institutions, and promoting
civilization among the Kafir tribes. The sum might appear
large, he said, but it was quite inconsiderable compared with the
cost of war for a month. Upon reference to the Commissariat
Department he had found that the expenses of the last Kafir
war had been at the rate of ^1,000,000 per annum, besides a
serious drain on the military resoui'ces of the empire. The work
he proposed to accomplish, he estimated might take eight or ten
years, but he was hoj)eful it would j)reserve the tranquility of the
country and relieve Great Britain from the constant anxiety and
expense which the Cape frontier, for a very long period, had
entailed. The plan he contemplated was — to gain an influence
over all the tribes inhabiting the borders of the colony, from
British Kaffraria eastward to Natal, by emplojing them on public
works opening up their country, by establishing institutions for
the education of their children and the relief of their sick, by
introducing amongst them laws and regulations suited to their
condition, and by these and other means gi-adually winning them
to civilization and Christianity— thus changing, bj' degrees, our
apparently ii-reclaimable foes into friends, having common
interests with ourselves.
Upon meeting the Cape Parliament in 1855, he laid before it
Sm GEORGE GItEY S KAFIE POLICY 219
tlie liiie of policy he proposed to pursue in British Kaffraria and
the countries beyond the border. He said: "'You are aware
that the British Territories in South Africa consists of two por-
tions. One of these, British Kaffraria, lies beyond yoiu' juris-
diction and control, its government and affairs may at present be
said to be administered by myself as Her Majesty's High Com-
missioner. The other portion constitutes the colony of the Cape
of Good Hope. This district I can, on Her Majestj^'s behalf,
only govern with j^our consent and advice, and in accordance
with your views and wishes. Beyond these two portions of
territories lie other states, forming independent powers, ruled by
persons of European descent, or by chiefs of the native races.
Over all such territories, Her Majesty's High Commissioner can,
by advice or otherwise, exercise a greater or less degree of
influence in respect to wliich he is not responsible to this Legis-
lature." In any attempt to carry out plans which had in view
the ultimate security and greatness of the whole territory of
South Afi-ica, — and which might hereafter bless and influence
large portions of this vast continent— ^he felt it was essential
there should be no divided views between the several authorities
who could bring about such a desirable state of things ; on the
contrai-y that all who were interested in the future of the country
and had the power to influence it should co-operate. He, there-
fore, called upon the Parliament as the depositary of the revenue
and resources of the colony, to render liim material aid, by pro-
viding funds for increasing, organising and equipping the
Mounted Police Force, for the security of the frontier and its
inhabitants, and that the Government should be allowed to
employ that force where and in what manner would best attain
those ends.
The system of policy thus proposed by the Governer met with
the cordial approval of Her Majesty's advisers, who agi'eed to an
expenditure of ^40,000 from Imperial funds, and the co-operation
of the Colonial Legislature was assured, by its doing what he
220 HISTOEY
proposed — voting the sum of ^4'.),457, — for the equipment and
maintenance- of a Police Force of 500 men.*
Military control, not colonization, Avas the i)riuciple which
Sir George Cathcart had in view when he advised the retention
of British Kaffraria as a separate Government, independent of
the Cape, instead of annexing it as a new colonial division, or
abandoning it altogether. Su' George Grey, however, in attempt-
ing to solve the problem of how to get the black and white races
to live together without war, determined to assume the civil
occupation of the country and to increase the European popula-
tion, which, exclusive of the military at that time, consisted of
but 1,'200 souls, — 626 of whom were the inhabitants of the
capital. King William's Town and the remainder at the several
military posts. The natives, on the other hand, numbered at
least 90,000 — Gaikas, Slambies, Galekas and Fingocs.
Each Kafir tribe occupied a separate tract of country called a
location. Their kraals or villages were placed along the grassy
ridges and slopes of the hills which bound the courses of the
streams. Several kraals were neai-ly in sight of each other, and
the wai'-cry being raised at any one of them could be spread from
one to the other on every side with wonderful rapidity, reaching
even to the extremity of Kafirlaud — so that continuous streams
of wai'riors led by their proper petty chiefs could hurry from
various directions towards any point indicated in the alarm
raised. These wan-iors were also generallj' found ready to
answer the summons. For the greater part of the year they
lounged idly about their kraals during the daj', their pursuits
being principally pastoral, varied by occasional hunting parties
in their own immediate neighbourhood, or dances on such
occasions as weddings, Ac, The men milked the cattle, enclosed
• In addition to this, the Cape Parliament, in ISi';, passed a law for tlio
organization of the Colonial Burgher Forces, with the limitation that the different
bodiesofBurghcns should only bo called upon to defen<l their own part f^f tho
country, and not be moved beyond their respective divisions.
DEJPENCE or THE FEOKTIER 221
tlieir cultivations and cattle kraals, and built tlie frames of tlieu*
liouses. The women tliatclied the houses, collected the firewood
and performed the principle part of the field work. From the
month of September to the early part of December the gi-ound
was cultivated, and the harvest was gathered in at the latter end
of February and the beginning of Mai'ch. They rarely wandered
with their cattle from place to place, the pasturage around each
kraal being amply sufficient for their wants. Each group of
kraals was under the authority of an hereditary petty chief or
headman, and generally each such group was again broken up
into minor sub-divisions, all under chiefs of a still more subor-
(Uuate rank. It will thus be seen that the system of organization
was complete ; each location of a chief contained, in point of fact,
a standing army properly officered, maintained in a certain state
of cUscipHne, and ready to take the field at a moment's notice.
The principal chiefs had their authority strengthened, not only
hx hereditary custom and the veneration which long antiquity
commands, but also by the native laws which they administered.
The " fees " levied by them in the form of cattle, horses, goats
and assegais, formed a large part of their revenue. ■ They
were thus enabled to maintain about them a certain retinue of
attendants to whom the process of " fining " became a considerable
source of profit. Innocent men suffered, in order that they
might be enriched. The alleged oSence of witchcraft was a
public crime which subjected any individual found guilty of it to
tortm-e and death, besides total confiscation of liis property ; and
no sooner did a person grow rich than he was ahuost certain to
be accused of the ofi'ence. and at least stripped of aU he possessed.
It was impossible that peoi)le subjected to such a rule could ever
advance in civUization or long persevere in attempting honestly
to acquii-e property, of which they were ahnost certain ultimately
to be stripped at the caprice of the chief and his counseUors.
To subvert this dangerous system, which gave the chiefs such
power for evil, Sii" George Grey availed himself of their kno'\\n
222 niSTORY
inipecuniosity. He made a rough calculation of tlic probable
annual fines received by them, and in lieu thereof offered them a
monthly stij)end, equivalent to the estimated revenue, to be paid
by Government on condition of theii" relinquishing their authority.
The oflfered was accepted, and the worst part of Kafir policy was
thus broken do^^^l. By the new arrangement, no more cruelties
under the guise of suppressing witchcraft was pemiitted. All
fees and fines for public offences became a part of the revenue of
the Crown, as in other countries. The chiefs were still nominally
to sit and hear cases, but they were guided and controlled in their
deliberations and sentences by Eiu'opean magistrates who were
stationed with them, and who, in addition, were expected to move
aboiit among the various districts, acquirmg a knowledge of the
country and its inhabitants, taking an interest in then- welfare
and exerting themselves to the utmost to encourage industry and
promote civilization.
A further development of the Governor's poUcy was to improve
the tenure on which the cliiefs and the i^eople held their lands,
to give them a vested interest in the soil, and to remove all
necessary restrictions, and increase the facilities for trade. At
the same tune, the resources of the country were oi')cned to com-
mercial enterprise, by good roads being constructed — the Kafirs
being employed on these works, and acquiring habits of industry
which theyJiad formerly never known. They tlius became them-
selves, to some extent, the conquerors of their country, by opening
up, through tlieu" fastnesses, available roads, which Avould be of
equal use either in peace or war.
The difficulty in carrjing out these changes and in rendermg
them permanent was, the danger constantly existing of peace
being disturbed, before the Kafirs, as a nation, learnt to imder-
stand and full}' appreciate the benefits Avhich were being con-
feiTed upon them. If any such untoward event took place, Sir
George Grey was firmly of opinion that the only hope for the
future was a steady retiu-n to the same principles the moment
UKEXPECTED ETEKTS 223
such clistiu'bance was effectuall}' crushed. But to make the
organization of the frontier for the pTii-pose of defence complete,
he recommended that, following a plan adopted in New Zealand,
a thousand men of the enrolled pensioners in England should be
asked to volunteer to form settlements in defensible villages at
carefully selected points. The recommendation was not can-ied
out, as only a small number of pensioners were willing to accept
the tenns oflfered. The home authorities, however, proposed as
a substitute for it, the settlement of the Anglo-Gennan legion
about to be disbanded after the Crimean war, provided the colony
contributed towards the expense of bringing them out. This
plan was adopted, the Colonial Parliament pledging itself to make
good any amount not exceeding ^40,000 for earning it out ; and
earl}' in 1857, there arrived 2,300 non-commissioned officers and
privates of the legion, vnih a very large proportion of officers,
imder General Baron von Stutterheim. Unfortunately they
were accompanied by veiy few women or cliildren, and numbers
of them were without the social restraints of familj- life. To
remedy the defect, Sir George Grey made arrangements for in-
troducing immigrants chiefly fi.'om Germany, the funds requii-ed
for the purpose being, in the first instance, raised by liim from
local som-ces, but ixltunately to be repaid by the immigrants
themselves.
Meanwhile a series of most novel and imexpected events oc-
curred in Kafirland. Wliether they sprang out of some sudden
fit of superstitution such as the Kafirs are always subject to, or
whether they arose out of the policy of the Governor causing a
visible decadence of the power of theu' chiefs, it is difficult to
say.
Towards the close of the year 1856, reports were ciu-rent that
a plot was being formed to involve the couxitry in war. At length
the rumoui's took a defined form, a " prophetess " had arisen
upon the other side of the Kei, tmder the direct and open
patronage of the paramount cliief KreU, who revived the ancient
224 niSTOET
predictions of the race, wliicli had been before uttered b}' Lj-nx
and Unilanjeni, foretelling, the final success and triiunph of the
black race, the resurrection of theii' ancestors fi'om the dead, and
the total destruction of the wHtes. To bring these events about,
the people were to destroy all theii* cattle and other live-stock,
as also theii' corn in store, to get rid of their ornaments, and to
refi-ain from cultivating the ground, so that they might, at the
usual time of harvest, be utterly destitute of all means of sub-
sistence. The only things ■which were not to be destroyed or
disposed of, but which were sedulously increased by theft or other
means, were horses, arms, and ammunition.
The believers in the prophetess foretold that the results of such
proceedings were to be the propitiation of the spirits of their
ancestors, and their consequent re-appearance fi'om amongst the
dead to aid theii- descendants, and the total destruction of the
whites and unbelievers bj' supernatural means. Others asserted
that under tliis show of superstition, by which the chiefs worked
on the terrors and prejudices of the most ignorant and superstit-
ious of their tribes, laj' hidden a deep political plot ; that the
arms, horses, and ammunition were preserved or obtained I'or
war ; that the cattle and corn were destroyed, because the care
of them had been found to be an incumbrance in former wars. —
men's thoughts being then divided between preser\'ing theu' own
property and assailing their enemy's ; and that the means of
subsistence were destroyed, because starving and desperate men
would readily and fiercely attack the scattered farmers on the
frontier, by the pillage of whom their wants would be speedily
and abundantly supplied.
The Government, through its agents, was apprised of what
was going on, and warned Kixli of the consequences of the coiirse
he was piu-suing. All possible influences were also used to pre-
vent tlic other chiefs froin joining in the movement ; and the
Gaika Cemmissiouer (Brownlce) was successful in raising a
party adverse to it among Sandilli's tribe, then the most warlike.
THE CATTLE-KILLING DELUSION 225
;uicl powerful of the nations, without whose conjunction no ag-
gressive action was likely to be made. The unity which was in-
dispensable to success on the part of Kreli and his supporters. —
among whom were Macomo, Umhala, Pato, Stock, Oba, and
Xoxo. — was thus destroyed. There arose two great parties in the
nation, who regarded each other with the utmost animosity, — the
"believers" and the "unbelievers;" the latter including most of
those who were attached to missionary stations, or who were
retained in the pay of the Government as a village poUce, or who
had adopted European customs.
The " believers," however, gradually destroyed all their corn
and live-stock of every description, and would not cultivate their
land, — one part of them apparently hoping, month after month,
that they would be attacked, and that a war would be brought on ;
the other part of them, whose superstition led them faithfully and
truly to beUeve in the prophetess, earnestly trusting, day by day,
that her predictions would be fulfilled.
By the month of February, 1H57. matters drew towards a crisis.
The means of subsistence of the Kafir race had so far diminished,
that it was requisite that some decisive step should be taken by
the chiefs. Their prophetess therefore fixed upon Wednesday,
the 18th. as the day upon which her predictions were to be ful-
filled. When the sun rose that morning, after wandering for a
time in the heavens, it was to set again in the east, and a hm-ricane
was then to sweep from the earth all who had not believed in the
revelation, whether Europeans or Kafirs. Then the ancestors of
the Kafirs were to rise from the dead, with countless herds of
cattle of an improved breed, and with quantities of property of
every description, all of which were to be shared out amongst the
followers of the prophetess, who were to be at the same time
restored to youth and endowed with beauty.
During the few days precedmg, the "believers" slaughtered all
their remaining cattle and live-stock, and destroyed what means
of subsistence tliey had left. They had previously rc-thatched
226 HISTOET
tlieii- liutb ill the most careful mauuer, tliat tlioy miglit resist tlie
expected liurricaue ; aud finally, ou the Wednesday, shut them-
selves up in them, awaiting the events wliicli it had been predicted
were to take place.
The I'Jth of February found them disappointed, destitute, and
in many instances prepared to commit any outrage. So complete
was Uie state of destitution to which the followers of the prophetess
had reduced themselves, that one of the chiefs, who formerly
owned immense herds of cattle, had not a single head left; none
of the greatest chiefs had preserved more than three or four ; one
of them was obliged to work upon the roads, whilst in many pai'ts
the country was covered throughout the day by crowds of women
and cliildren digging for wild roots, as the only means of subsist-
ence left to them.
Sir George Grey had all this time been cahnly watching the
game of the chiefs. He carried on the administration of aflfaii-s
in the country apparently as if wai' Avas a contingency wliich it
was impossible could happen. But as regaixls preparations for
war, he ciuietly acted as if it must inevitably come. The Home
Government, apprised of the emergency, had sent reinforcements
li'om England aud Maui'itius, and the Imperial and Colonial arms
at his tlisposal numbered near 8,000. With these, day by day,
lie was streiigtlieniug himself and j)reparing at all points to crush
out any spark of rebellion ere it could grow to importance. When
the long-anticipated crisis at length arrived and passed, he was
equally ready with liis measui'es to turn the event to good
purpose. He at ouce made use of the power which the infatuation
placed in his hands to strengthen his polic}-, and at the same time
saved thousands of the natives from the destitution which famine
would have brought upon them. He brought away the starving
WTetches from their kraals, providing employment for some upon
public works, and distiibutiiig others far- and wide in small
numbers through the country. Extensive and imposing ho.spital
buildings, specially for the relief of the sick aud suffering, were
SEIZUEE OF MACOMO 227
erected at King William's Towu, and substantial aid was given to
missions and industrial schools. The colonists, too, benevolently
came forward and co-operated with his Excelleucj' in humane
eflforts to aflford assistance to the destitute, and to avert the
lamentable consequences of the catastrophe in wliich the Kafir
nation by its own acts was plunged.*
At this time some of those natives wlio had lost tlieir property
by obeying the mandate, "to kill," formed bands of marauders in
Kaffraria, and several acts of violence were reported to have been
committed by them ; among others the barbarous and unprovoked
murder of Captain Ohlseu, one of the bravest officers of the
German Legion, who was attacked and killed with assegais, in
riding out from King William's Town to Fort Murray hi the dusk
of the evening. To put a stop to such proceedings Su* George
Grey, in March 1857, issued a proclamation in which, in the most
earnest manner, he warned the chiefs and others, that aU persons
convicted of having committed, or attempted to commit robbery
with arms in their hands, would be punished with death. It
was, however, believed that — notwithstanduig the issue of this
proclamation — some of the cliiefs continued, dh'ectly or in-
directly, to encourage their followers to commit robberies and
murders, appropriating to themselves the booty that was obtained.
Macomo was suspected of having thus caused the death of one
Fusani (a paid spy of the Government), whose kraal was attacked
by night and himself murdered, while his property was carried
to Macomo's great place at Hangman's Bush. He and his
followers were apprehended, and tried at Fort Hare, before a
special court, composed of Colonel Pinckney, Captain Reeve, and
Captain Squire. Macomo admitted that he had sent an armed
party to Fusani's, because the latter was desti'oying his influence,
* The Hon. C. Brownlee states that— influenced by the delusion— the Kafii's
slaughtered their cattle to the amount of 200,000, and destroyed all their crops.
This reduced the people to such a state of starvation that 25,000 souls unhappily
perished, and nearly 100,000 disappeared for a time from the country, driven out
by the famine, which they themselves created.
228 HISTOEY
but that he had given uo orders to kill him. The testimony of
two of tlie chief's followers was received as Queen's evidence, and
showed that the party who in Kafir-plirase "eat up" Fusani,were
acting under Macomo's orders. The court declared sentence of
death against himseK and the other prisoners, but Sir George
Grey commuted the sentence to imprisonment for twenty years,
and Macomo, with other offenders, was placed for safe custody
on Robben Island.*
During 1857, the disastrous intelligence of the mutiny of the
Sepoy troops in India reached the colony. Immediate steps were
taken by the Governor to despatch reinforcements. Of the
troops at the Cape five thousand men, besides two thousand
horses, commissariat suppUes and specie were sent on to India.
The situation in the colony itself was stiU critical ; but reliance
was placed upon the few regiments left, the Border police, the
burghers, and the volunteers, who gallantly came forward to
offer their services for garrison duty. The quarter £i-om which
danger was apprehended was that part of Kafir-land immediately
beyond the colonial boundary, where the paramount cliief Kreli
resided. He had not personally suffered much from previous
wars — the evils of which fell chiefly on the tribes witliin the
XyordtiT — while the greater part of the booty carried off from the
colonists became his, us it was generally sent to the reai- for
* Macomo was the eldest son of Gaika, yet according to Kafir law he was sub-
ordinate to Sandilli, the son of the chief's "great" wife. His natural abilities
and his beariuR giiined him verj^ considerable power among the tribe; and had
he been influenced by anything like Christian motives or principles, as sometimes
he led the teachers who came in contact with him to believe, he might have been
the regenerator of his race. Unfortunately he was swayed by tlie impulses of his
savage natm-e, which were often aggravated and intensiticd by intemperance. On
one occasion a clergyman reproved him for his drinking habits, but, unluckily for
Ihe gentleman, Macomo had observed him dining at the 7th Dragoon's mess at
Fort Beaufort, and retorted, "Yes, it is true I drink, but it is when the sun is
shining and people see me, but you drink in the dark at night, in the mess-
room, like a wolf." Macomo in person was beautifully proportioned, about five
feet seven inches in height, with a brilliant piercing eye and a singularly- well-
formed head. It was remarked of him in hLs prime, "'you would 8U))iiose he liad
come out of a lathe." Governor Wodchuuse, in 1870, took pity on the banished
chief, commuted his sentence, and perndlted him to return to Kafiiland, but he
had not been long there when apprehensions of his again plotting some mischief
arose, and he was once more removed to Robben Island, where he died three or
four years ago.
EXPEDITION AGAINST KRELI. 229
safet}'. Although his tribe was much reduced, his people were
again beginning to grow troublesome. Reports were spread by
them that all the EngUsh troops had left the colony, and mes-
sages were sent in various directions to prepare for unituig in
another attempt on the British. Sir George Grey determined
to show that the energies of the colonists were not prostrated by
the war in India. As it was evident that KreU and his people
were a focus aroimd wliich the evil- disposed might collect, he
resolved in February, 1858, to make instant arrangements for a
series of combined operations which would end in the expulsion
of Kreli and his tribe beyond the river Bashee, and so place
them at such a distance that they could no longer be capable
of annojdng the colony. These movements were conducted by
Major Gawler, 73rd regiment, at the head of a large party of
Kafirs (among whom were some of the "unbeUevers" who had
fled from Kreli's anger), and Commandant Currie. with a niimber
of the Border mounted police force, and the Frontier burghers,
accompanied by the Hottentot Levy. KreU and his people,
enfeebled by famme, were didven to the most precipitate retreat ;
only on one occasion did they attempt to make a stand, but they
were soon piit to flight, and crossed the Bashee where, on the
morning of the 26th February, they were seen in large numbers
ascending the hiUs on the opposite side of the river. Tins
movement seems to have completely broken the fighting-power
of the Kafirs ; they have never since assumed any aggressive
attitude towards the colony.
The Governor's proceedings, however, were the subject of
debate in the Colonial Legislature. One of the members of the
House of Assembly, Mr. Solomon, raised the question whether it
was desirable or expedient to sanction the employment of the
Frontier pohce, beyond the boundary in acts of aggression or
conquest, and the justice or injustice of the expedition against
Kreli was discussed at length. Incidentally, too. the anomaly of
the offices of Governor of the Cape Colony and High Com-
230 HISTOET
missioner of all South Africa, being united in one man, was
brought under review, and referred to as likely to be productive
of difficulties in the future. In a House of thirty-three members
only three supported Mr. Solomon's motion, and an amendment,
proposed by Mr. Molteno, was carried to the effect that, fi-om the
explanations furnished by the Governor, the House was satisfied
that His Excellency was fully warranted in employing the police
as he had done.
One result of the calamities that had fallen upon the Kafir
tribes, was that large tracts of country in Kaffraria were cleared
of theii- former occupants. The Governor filled up some poi-tions
beyond the Kei with friendly natives, Kafirs and Fingoes, placed
under European magistrates, and he made arrangements for
occupying other parts, on a sj-stem of military tenure, with an
European population reared in the colony, acquainted with the
Aborigines, tlieir habits and their mode of warfare, and therefore
likely to keep them in check.
Wliile these matters of frontier policy more immediately
occupied Sir George Grey's attention, he was not neglectful of
other interests afi'ecting the welfai-e and prosperity of the colony
generally. In Australia he had witnessed the extraordinary
development which followed, from a systematic introduction of
emigrants, and from what he had seen of South Africa, he was
satisfied that it offered at least equal advantages as a field for the
profitable employment of industry, as well as of capital in the
occupation of lands.
In 1856, he proposed a scheme to ParUament for raising
a loan of £200.000 for immigration purposes, and in recom-
mending its adoption urged that the increased revenue, which
would be yielded by the population introduced, and the greatly
enlianced value which their presence would give to the waste
lands of the colony, would defray the interest of the debt and
provide a sinking fund for its liquidation. There was some
opposition to this measure from a conservative apprehension that
THE WOKK OF THE FIEST PARLIAMENT 231
the loan would bo the foundation of a " national debt ; " but His
Excellency's arguments — that the greatness of all powerful
nations and states, had sprung from a wise use of the public
credit — prevailed ; and the scheme was sanctioned, the expendi-
tiu-e of the Government, however, being restricted to £50,000
per annum.
Besides immigration, plans were devised for developuig the
internal trade of the country. In 1857 authority was given for
the construction of the first line of railway from Cape Town to
Wellington. Roads and bridges, in various directions, were
sanctioned and measures were passed for promoting a harbour of
refuge in Table Bay, and for the construction of harbours at the
mouths of the Kowie and Buffalo rivers. Other subjects also
received special care and attention, such as the means of making
the crown lands more available to the inhabitants, and more
profitable to the revenue; the relations between masters and
servants, the remodelling of the divisional organization of the
colony, the extension of its magistracies, and the formation of
district councils; as well as the spread of education, with a view
to the training of youth in the highest branches of learning, and
the rearing in the country of a body of educated and well-
informed gentry.
With the termination of the session of 1858, the legal period
for the dissolution of the first Cape Parliament arrived, and the
Governor, in his closing speech, complimented the two houses
upon the wisdom and moderation that had marked their dehbera-
tions, as well as the great usefulness of the legislation they had
enacted ; while the Colonial Secretary testified that in four short
years this Parliament had done more for the prosperity and happi-
ness of the country than it would have been possible for the old
government, however well managed, to have accomplished ui half
a century.
In the interval between the dissolution of the first and the
assembling of the second Parliament, Sir George Grey was
232 HI3T0UY
emploj'cd iu tlio friendly office of meditatiug between the Orange
Free State and the Basutos. He was successful in Ids uegocia-
tions, winning the entire confidence of both the beUigerent par-
ties, and calling forth h-om them an expression of their desire
for closer relations with the Colonial Government.
Diu-ing his visits to these Transgariep communities, he became
thorouglilj- impressed with the misfortime to South Africa of the
policy of dismemberment which had been adopted during his
predecessor's government. He felt that constant anxiety and
apprehension must arise from the isolation of the border repub-
lics ; that their smallness and weakness would encoiu-age the
surrounding tribes to resist and dare them , wliilst the treaties
entered into with those States, and the utter abandonment of the
natives bj' Great Britain, to whom they had liitherto looked up,
might even lead the various tribes to combine for mutual pro-
tection, and acquire a strength and boldness such as they had
not before shewn. There would consequently always be the chance
of war in some direction, the effect of which would be detrimen-
tal to the colony as well as to the progress of industr}- and the
arts of civilized life northward.
The contest with the Basutos in 1857-y had brought home to
the people of the Orange Free State themselves the dangers and
difficulties wliich suiTouuded them, and the necessity for obtain-
ing help in order to hold their own. The burghers were divided
in their opmions. Some advocated a retmm to British allegiance,
which was veliemeutl}' opposed by others. A few ui'ged a union
with the Transvaal, others denounced it. Many desii'ed an
alUance with the Cape Government on the ground of the influence
exercised by it, and the powerful support wliich it could give,
should there be a necessity for appealmg for help in the defence
of the country. Tliis idea obtained the most favoiu% and Su'
George Grey was appUed to for an opinion as to the chances of
such an alUance being realized, His reply was that as Governor
of the Cape Colony he could not appear in any way to encourage
FKEE STATE PROPOSAL FOE ALLIANCE 233
the proposal, unless he was addressed through the government of
the state. Memorials upon the subject were tlien presented to
the Volksraad at Bloemfontein, and on the 7th December, 1858,
a resolution was agreed to by that body: — "That the Council
(Raad) feels itself in union with a large number of the burghers
who have already approached the Council by memorial, convinced
that a union or alliance with the Cape Colony, either on the plan
of federation or otherwise, is desirable, and resolves that His
Honor the State President (Mr. Boshoff), be requested to corres-
pond with his Excellency the Governor on that subject, in order
thus to ascertain whether the Cape Parliament -n-ill declare itself
inclined for such a union, and whether the Colonial Government '
would receive a commission from this State, if possible, at one of
the towns in the Eastern Province, who, together with that Govern-
ment, or with a Commission to be appointed by it, shall di-aft the
preliminaiy terms of such a union, to be thereafter submitted for
the approval of both Governments."
Anticipating that this request would be made, Sir George Grey,
in July, 1858, wrote to the Secretary of State for directions as to
the manner in which he should deal with it. Sir Bulwer Lytton
was then at the head of the Colonial Department, and soon after-
wards replied that " if any overtures for union were addressed to
hiin he should answer them by declaring that he must wait for
instructions.'' About the same time, Sir Bulwer, in a confidential
despatch, invited his Excellency's opinion upon the general subject
of cousolidating in federal union all Her Majesty's possessions in
South Africa — the Cape KafFraria and Natal, and upon the per-
manent policy to be pursued towards the Border States, consistent
with the maintenance of public faitli pledged by the existing
treaties.
Sii" George's own opinion was entirely in favour of Federation.
He responded to tlie Secretary of State's request in a masterly
despatch, in which he shewed that the views that had formerly
prevailed in England regarding South Africa were mistaken
234 HISTOET
That instead of this being a costly and troublesome possession, it
was, in point of fact, one of great and yearly increasing value to
the trade and commerce of Great Britain. That the colonists,
instead of desiring and encouraging war, were fully aware of the
much greater advantages they derived from peace. That Her
Majesty had no more faithful and loyal subjects in any portion of
her possessions, and that they were willing to contribute to their
own defence and would do so to a greater extent if they were
allowed to take a more dii-ect share in the administration of the
affairs of the countiy.
In recommending a remedy for the state of things which had
arisen out of the measm-es hurriedly adopted in 1852, before any
free form of government had been introduced, or the wishes of
the inhabitants were in any way consulted, he urged that an Act
of the Imperial Parliament should be passed, which would pennit
of the States and Legislatures of tliis country forming amongst
themselves a federal union, such as their several interests would
show them to be for the common good. In his despatch he said :
" Tliis union of federated states would possess a general
Government, administered by a Governor, representing and
appointed by Her Majesty, assisted by a Legislature chosen by
the people of the several states, which would have powers of
legislation upon all points of general interest, and relating to the
proportions in which the general revenues should be divided
between the several States. To the general Legislature would also
belong the duty of providing for the general safety.
" TJie Governor should, I think, be assisted by what is called a
responsible ministrj% possessing the confidence of the general
Legislature, without whose ad\'ico it would not be competent for
him to act. Such council would, probably, be made up of the
representatives of the several States, so that a knowledge of the
requii-cments and feelings of every part of this vast country would
be brought to bear on each question which came under discussion ;
an advantage which only those who have to carry on the govern-
ment under the present system could fully estimate.
SIB G, geey's scheme of fedeeal union 23o
" The several States should, I think, through their own local
Governments and Legislature, have full and free Bcope of action
left to them in all subjects which relate to their individual pros-
perity or happiness. The heads of their local Governments
should con-espond with the General Federal Government upon
all necessai-y points, so that they might act in conjunction with
that Government in relation to all subjects which concerned the
general safety or weal.
" Under such a form of government a large number of persons
in each State would be trained to take genea-al views upon the
highest questions relating to the common welfare. No war could
be entered upon but with the general consent of all the States.
If any dispute arose between one of the States and a native chief,
the demands made upon such chief would probably be just ones,
for they would be considered by a lai-ge and impartial body.
They would, from this cause alone, command respect ; but I think
they would not be likely to be disputed, for it would be known
that a demand made in the name of such a large federation would
certainly be ultimately enforced,
" Under such a system I think it very improbable that any large
native war would again take place, but if it did, it would be
entered upon with enthusiasm by the people upon whom it had
been forced. It would have been determined upon by theif own
representatives after every fitting effort had been made to avoid it,
and they would provide large means for carrying it on. They
could not then say, as they might now say, it had been brought
on by the mismanagment of a High Commissioner or the Home
Government, and that they had nothing to do wth the matter. I
do not thiak that such a system as I propose would immediately
relieve Great Britain from all military charges in reference to
this country, but I think it would at once tend to diminish these
charges, and ultimately greatly to reduce them.
" The Governor, acting also in accordance with the advice of a
responsible ministry, would avoid all the hazards now incurred by
236 HISTOEY
the High Cominissiouer of seriously iuvolviug Her Majesty with
the inhabitants of this country if he then adopted any measures
repugnant to their feehngs. His proceedings would simply lead
to a change in the administration, not to the very serious disputes
and differences with the home authorities which now take place.
" I do not think it necessary to advert to the additional security
which would be obtained for Ufe and property under the system I
have proposed ; to the confidence which would then be created
in the decisions of the constituted com-ts ; to the encouragement
wliich would be given to talent by tlie openings oflfered in the
administration, in the senate, on the judicial bench, at the bar ;
to the encouragement and security which would be given to trade
and commerce by uniformity of insolvency laws, and of laws
regulating bills of exchange, as also from the prevalence of general
peaoe and secuiity, to the prosperity and contentment wliich would
follow from the stimulus given to trade and industry by peace
and prosperity, so that the very States which abandoned a share
of the whole revenues which thej' now enjoy might reasonably
hope to gain more than they lost ; tliese and like points will
suggest themselves to anyone who considers the entu-e plan."
Tliis despatch Sir George Grey thought would strengthen tlie
views of the Secretary of State in favour of Federation, and if
so he conceived the home government would not be disincUned to
consider the proposals made by the Free State. At any rate, it
would be keeping the question open to submit the matter in a
general way to the Cape Pai-liament. Accordingly at the opening
of the session of 1859, he put before the local Legislature the
application of the Free State, and in his speech added a strong
expression of his own opinion in favour of a federal union, which
lie said would confer a lasting benefit upon Great Britain, and
upon the mhabitants of tliis country. But scarce a week or two
had passed ere he received an official information from the
Secri'tary of State, that after weighing the arguments which he
adduced in his despatch, "Her Majesty's Govermncnt were not
PRINCE Alfred's visit 237
prepared to depart from the settled policy of their predecessors by
advising the resiunption of British sovereignty ia any shape over
the Orange Free State." His ExceUoncy immediately commu-
nicated this decision to tlie Colonial Parliament, and the question
of alliance with the Border States, or federal union in any form,
was dropped.
The Governor's speech to the Cape Parliament, as might have
been expected, took Sii' Bulwer Lytton by surprise. It shewed
a disregard of instructions in a question of policy of the first
importance, more especially as it was held to be the province of
the Crown alone to determine whether steps should be taken
towards annexing or re-annexing extensive regions under inde-
pendent governments to the empire. Besides, the records of the
Colonial Office shewed a disposition on the part of Sir George
Grey to overleap the ordinary duties of Governor. Instead of
keeping his superior informed of his intentions he was prone to
act on his own responsibility, leaving the Secretary of State to
choose between the alternative of reprehending his proceedings or
supporting him in what he could no longer prevent. Under these
circumstances Sir Bulwer Lytton signified to him liis recall, adding
that the first opportunity would be taken of naming his successor.
This untoward event created much surprise and regret in the
colony. Addresses expressive of sjnnpathy poured in upon the
Governor, and public meetings were held, at which it was resolved
to petition the Queen to cancel the recall, and to allow him to
remain at the head of the Colonial Government, in order to con-
solidate the large and comin-ehensive policy which he had initiated.
Sir George Grey himself regarded that he had been very unjustly
dealt with. In his defence, he remarked, with respect to the
necessity for his removal on the ground of not holding the same
views upon essential points of policy as Her Majesty's Govern-
ment held, that during the five years that had elapsed since he
was appointed there had been at least seven Secretaries of State
for the Colonial Department, each of whom had difi"crent ideas
238 HI3T0BT
upon some iiuportaut points of policy connected wdth the country.
It was impossible for him to agree in opinion with each of them,
and difficult to modify proceedings wliich he knew were in accord-
ance rdth the wishes of one so as to suit the views of each of liis
successors as they rapidly followed one another. In the case of
the federation question he pleaded that if any error arose it was
from that sauguineness which proceeds from over-zeal, not from
intentional disobedience. He had been led to think from the
purport of the confidential despatch of Sir Bulwer Lytton that
the Secretary's views and feelings were strongly in favour of
federation, and that in bringing matters to such a point as he had
done, in submitting the measure to Parliament, he conceived he
was contributing to render the Colonial Minister's career success-
ful. " Excuse me for saying so," observed Sir George, " but
mistakes may occur in despatches from a distant superior, or
they may not always be so easy to understand, even if emanating
from one of our most skilful v\Titers."
Happily for Sir George Grey, before his successor could be
appointed another change of ministry took place, and Ids friend
the Duke of Newcastle was once more at the Colonial Office.
One of the first matters he had to investigate was the affaii's at
the Cape. He wrote to Sir George that after consideration of all
tlie circumstances, he could not but agree in the disapproval of
his conduct which had been expressed by Sir B. Lytton. " But,"
he said. "I bear hi mind that you are in the midst of a great
work, engaged in for the benefit of the native tribes and the
estabhshment of peaceful relations between them and the colonists.
Recognizing, as I do. your eminent public services, and the fitness
wliich you have shown for tasks of tliis important and difficult
cliaracter, I am unwilling to interrupt that work, and to deprive
tlie community of the advantage of its completion, and yourself
of the honour of its success. I am ready, therefore, to suspend
taking any steps for the appointment of a successor — but upon
one condition. That condition is, that you feel yourself suffi-
ItETIEEMENT OF SIE GEOEQE OBEY 239
ciently free and xincompromised, both with your Legislature and
with the inhabitants of the Orange River Free State, to be able
personally to carry into effect the policy of Her Majesty's
Government, which is entirely opposed to those measures, tending
to the resumption of sovereignty over that State, of which you
have pubUcly expressed your approval in your speech to the Cape
Pai'liament, and in your answers to the addresses from the State
in question."
After this Sir George Grey proceeded to England — the local
Government meanwhile being administered by the Lieutenant-
Governor, General Wynyard. An interview and explanations
with the Secretary of State followed, and it was arranged that Sh
George should return to the Cape and resume his office. During
his brief stay in England, however, he had the honour of an
interview with Her Majesty the Queen, who was interested in the
social, political and national progress which was being achieved
in South Africa. It was then in contemplation that the Prince
of Wales should honour the American Colonies with a visit, to
inaugurate the Victoria Bridge across the St. Lawrence, and Sir
George Grey proffered the request that Prince Alfi-ed should be
commissioned to confer a similar distinction on South Africa, and
in the Queen's name to cast the first rock into the sea as the
commencement of the breakwater and harboiir of refuge in Table
Bay. Her Majesty graciously approved of the proposal, and
arrangements were made for the visit of Prince Alfred to the Cape
in the following year. At the same time the Queen was pleased
to confer the honour of knighthood on three colonists— Sir Thomas
Maclear, the Astronomer Royal at tlic Cape, distmguished for his
services to science and his Mendship to the explorer Livingstone ;
Sir Walter Currie, who attained a well-deserved celebrity as the
brave and efficient commandant of the Frontier Mounted Police,
and Sir Christoffel Brand, the first speaker of the House of
Assembly, whose learning and talents as a lawyer and politician
had been unselfislily devoted to the public interests of the country
for nearly half a century.
240 nisToRT
Prince Alfred's visit in 1860 was an event of much interest and
significance to the colony. Tlie youthful Prince, then a lad of
fifteen, serving as a midshipman in H.M. Frigate Eunjulus, was
looked upon as the ambassador and representative of his Royal
Mother, and thus he was received as would have been the Queen
herself. During the two months of his stay, business and politics
were alike temporarily suspended ; and all classes — Englishmen
and Dutclimen, French and German, Malays and Native
Africans, — united in manifesting a thoroughly joyous loyalty.
Throughout his extensive tour, accompanied by Sir George Grey
from tlie Cape Promontory tu Natal, the people were most de-
monstrative in their enthusiasm, and for years afterwards in the
farm-houses of the distant Boers, the huts of the wild Kafirs, as
well as in tlie towns and villages of South Africa, " Pi-ince
Alfred " was a household name.*
In July, 1861, Sfr George Grey received a despatch from the
Duke of Newcastle, informmg him that Her Majesty had been
advised to appoint him for a second time as Governor of New
Zealand, as the native difficulties in that colony had assumed a
serious chai'acter, and there was no servant of the crown on
whose resource and experience so much reliance could be placed
for averting the danger witli which the colonists and the Maories
alike were tlireatened.
This brought to a close his administration of affairs in South
Africa. There were loud and unanimous expressions of regret
at his departure. Duiing his Governorship the country had been
eminently prosperous and progressive ; and the public cordially
acknowledged that this was gi'eatly due to the efforts he had
made in various ways to promote its material and social interests.
* As one effect of the Prince's visit, fresh interest was awakened in many
useful and ennobhnj? institutions tliroughout the colony. In Cape Town, besides
the Breakwater and Alfred Docks, the Prince AliVed's Sailors' Home was com-
mtnced and established. The Public Library and Museum Buildings were in-
augurated, and the Prince, on behalf of bis Koyal Mother, presented to the
Leifislature and the colony of the Cape of Good Hope, a magnificent full-
length portrait of the Queen by Wintcrhalter, which is now in the Library.
TENDENCY OF SIB GEOBQE QEEl's POLICY 241
They also appreciated the mixture of firmness and benevolence
which had characterized his dealings with the natives, and the
sagacity with which he had avoided war, and availed himself of
the extraordinary incidents which took place in their history so
as to use them for their advantage, and the security of the colony.
They likewise valued the elevating influence of his farstretcliing
views of the duties and privileges of the colonists of the Cape, —
whom he regarded as placed by Pi-ovidence in a position whence
they might spread civilization and Christianity through the bound-
less territories lying beyond the Border, and thus bless and earn
the blessings of nations yet to be born in the interior of this vast
continent.
In his despatches and speeches, from which we have already
quoted largely, Sir George Grey is his own best historian. His
valedictory address to the Cape Parliament, in August. 1861, thus
sketched the general tendency of the policy he had striven to
pursue : —
" The European race and the coloured race will increase, nill
hold intercourse with each other, will pass within each other's
limits ; and they must eitlier do this in such a manner as to pro-
mote their mutual advantage or to kindle mutual animosities and
inflict ceaseless injuries upon each other.
" To limit the bounds of the British Empire to the exact posi-
tion they at present occupy — if those bounds are for ever to be
assailed by numerous and barbarous enemies, are for ever to be
defended by numerous and costly troops, and are for over to be
inhabited by a poor race of settlers, constantly pillaged by their
enemies, and consequently unable to accumulate capital, and
afraid to invest it in improvements — is to gain no advantage either
for the British possessions themselves or for the races who are
brought into contact with them. Whilst to enable the European
race in South Afi-ica to occupy such territory as they really
require, with the full consent of the natives, and on such terms
as are mutually advantageous to both races, and to follow this
242 HI8T0ET
mixed population with law, order, and Christianity, is to build up
and ultimately to consolidate great and prosperous communities,
wealthy and strong enough to maintain themselves, and prepai*ed,
from experience and from a sense of what is necessary fur their
own security, to carry still farther, at no cost to the British
Goveniment, the blessings of law and order, and of the Chiistian
faith, by spreading these amongst the savage races who lie in their
neighboui'hood and beyond them, and who could, from the first,
by direct taxation, defray a portion of the cost of such a system.
" To try to prevent such happy results from taking place,
especially where the European and native races are anxious for
them, is to force on im^villing populations a line of policy which
must so embitter race against race that actual hatred and mutual
injui'ies must prevail, instead of good-will and friendly offices.
" Every effort has, therefore, been made to build up a system
under which the various races in South Afiica might, -ft-ith mutual
advantage, be constantly brought into constant and permanent
intercourse with each other, as the civilized portions of the popu-
lation spread further and fiu'ther from the parent colony, in
which themselves or their ancestors had been originally settled.
" A necessary portion of such a system was, that here, on the
spot, should at least in part be trained the statesmen, the lawyers,
the divines, and the leaders who were to direct, lead, and control
the tide of emigration, wldch must, year by year, with ever
accumulating force, pour forth fi-om this colony or its offshoots.
" It was also necessary that tliis colony, the great base from
which such extensive movements were to proceed, should by the
aid of great lines of communication, by public works, and by
large facilities being provided for the successful prosecution of
its trade and commerce, be placed in such a position that it could
supply the wants and receive and export the produce of the new
communities which are certain constantly to spring into life.
"Believing strongly that these things must take place, I have
not hesitated, from my fust ai-rival here, earnestly to recommend
SIB GEORGE GREy's ADDRESS 243
a coui'se of legislation which might conduco to such results. A
reference to the statute book and the expenditure of the colony
will show how lai'gely and generously the Colonial Parliament
has aided in such views. It is in their very nature that they ai"e
to be in progress for centuries, and are never entu-ely to be achieved.
Hence, in a few j'ears, but little seems to have been done towards
so great an end. Yet to have seen such a prospect afar ofi', and
to have struggled, however weakly, towards it, is something.
" Now that my own part on this scene of action has been
played out, I look back with regret at some things done, at much
that has been left undone, and with pleasiu'e at some tilings wliich
lia\dng been planted, seem gi-owing into life. But amidst these
mingled feelings of sorrow and of hope, which must long hve in
my mind, there will ever survive a grateful remembrance of the
sympatliies and assistance which have on so many and such varied
occasions been given by this Parliament, and the inhabitants of
South Africa, to the efforts I have made to conduct successfully
the Queen's service, and to give effect to Her Majesty's ceaseless
desii'e to promote the happiness and welfare of her subjects, and
of all races to whom the influence of her far-extended sway
reaches."
XI.
Parliamentary Government.
1862 to 1873.
Sir P. E. Wodchouse — Withdrawal of Imperial Funds — Letters Patent
constituting Kaffraria a separate government — Plan for the Settle-
ment of Europeans in the Transkei abandoned — Concessions to
Kreli — Transfer of Natives from the Colony to the Transkei —
Relations between the Governor and Parliament — Finance —
Responsible Government — Separation — Remedial Measures —
Alternate Parliaments — The Session at Graham'.? Town — Imperial
Act for the Annexation of British Kaffraria — Collisions between
the Governor and the Legislature — The Final Struggle — Appeal
to the country — Proposals to Abrogate Parliament rejected— Sir
Henr}' Barkly appointed Governor — EquaUty of Representation —
Federation — Responsible Government introduced.
Sin Philip Edmond Wodkhouse succeeded to the three-fold
offices of Governor of the Cape Colony, Governor of British
Kaffraria, and High Commissioner for the management of native
affairs in South Africa. Like his predecessor, he had considera-
ble experience as a Colonial administrator ; but it had been in
Crown Colonies, such as Ceylon, Honduras, and British Guiana.
His Excellency, upon his arrival in January, 1862, was cordially
welcomed b}' the inhabitants at the Seat of Government, who
received with delight his announcement that he was anxious to
develop Sir George Grey's policy in its integi-ity, and liis as-
surance that he came amongst them ^\•ith a sincere desire to
discharge his duty to the colony, and to si)are no pains in the
Slfi p. E. WODEHOUSE 245
promotion of its best interests. The ability to discharge these
duties, however, was dependent upon tlie means placed at his
disposal by the Imperial Government ur the Colonial Legisla-
ture ; and he was not long in discovering that his expectations of
what he considered adequate material assistance from cither
quaa-ter were not to be easily or readily realised.
Previous to this, the grants from Imperial funds for the con-
solidation of the Cape h'ontier pohcy had been gieatly reduced.
In 1858, Sir George Grey found himself apprised that ^20,000
was all that covdd be given for British Kaflfraria, and tliat for the
future the province must provide for itself, or arrangements be
made for its incorporation -svith the Cape Colony. In 1859, the
Colonial Parliament was asked to consider the question of its
annexation, or to agi'ee to the restoration of the port of East
London to British Kaflh'ai'ia, in order that the revenue of customs
there might be applied to the maintenance of its separate govern-
ment. The ParUament came to the conclusion that it would be
highly inexpedient to enlai'ge the already extensive limits of the
colony by tlie incorporation of Kaffraria, but it saw no objection
to giving up the port of East London which, as a matter of
temporary convenience for the assimilation of the custom dues
had been proclaimed a colonial port. Sir George Grey then
(in October, I860,) promulgated letters-patent constitutmg the
ten-itory a separate government. These letters-patent had been
granted as far back as December, 1850, a few days before Colone,
Mackiunon's patrol was hred upon by the Kafirs m the Boomali
Pass ; but the occurrence of tlie wai- in 1851-2 prevented their
being issued, and the country had since been governed by the
High Commissioner. Under the letters-patent the Government
was vested in the Governor of the Cape, being, in his absence,
administered by a local Lieutenant-Goviernor — Colonel Maclean,
— with a civil and judicial establishment, costing about ^40,000
a year, wliile the revenue in 1801 did not exceed i'25,000 per
annum.
246 HI3T0BY
When Sir Philip Wodcliouse took office, a grant iu aid from
Imperial funds to the amount of ilO.OOO for 1862-63 was re-
hictantly promised him by the Secretary of State, the Duke of
Newcastle. But, as a policy of economy in all expenditure upon
the colonies was then being adopted by the House of Commons,
he was made aware no further vote could be looked for, and he
was instructed that all legitimate means must be taken to make
British KaflVaria, with its extended territory, self-supporting, and
to keep constantly in view its ultimate annexation to the Cape
colony.
Tliis latter course recommended itself to His Excellency from
the outset. Kaflfraria, with a deficient revenue, with no legisla-
ture, and -with scarcely a government — its public establishments
being made up of ofHcers with high sounding names and the
smallest salaries— was extremely inconvenient, and promised to
be a source of great embarrassment. He, therefore, submitted to
the Cape Parliament as soon as the session of 1862 was opened,
a bill for the incorporation of Kaflfraria with the colony. The
measure, however, was not acceptable; it was throwni out by a
majority of 19 to 14. The impediments in the way of union, His
Excellency found, were greater than he anticipated. Cape
colonists on the one hand objected to it from an apprehension
that by consenting to such a measure they would come under
expense and obligations for the general military defence of the
whole frontier, of which they could see no precise Limits, while
as long as Kaffraria was a Crown colony it could not, under any
circumstances, be abandoned, and must at all costs be maintained
by Imperial resources. The people of British Kaffraria on the
other hand unanimously resisted annexation, regarding it as a
rescinding of the privileges gi'anted to them as a separate govern-
ment under the letters-patent, and they clamoiu'ed for the com-
pletion of their government by the creation of an Executive or
Elective Council.
During all this period, the valuable tract of country beyond the
SETTLEMENT OF THE TEANSKEI ABANDONED 247
Kei, remained unoccupied. Although more than three years had
elapsed since Ki-eli had been dispossessed of it, no steps had been
taken for its permanent and beneficial occupation. Sir P. Wodo-
house in his capacity of High Commissioner proposed that the
lands should be given out in farms to Europeans, on payment in
advance of the cost of survey and title, and of an annual quit-rent
of i£20 or £25, and on condition tliat each farm should be bound
to keep two men capable of bearing arms and liable to attend at
periodical musters, similar to the Cathcart gi-antees. To carry
out this plan, however, he considered it necessary to organise an
armed force for the protection of this new frontier, and he thought
that could best be supplied by converting the Capo Mounted
Rifles (which were about to be reduced) into Irregular Horse.
He, tlierefore, asked for an Imperial guarantee to a loan of
^100,000 on security of the Kaffrarian revenue to effect this, and
for conditional permission to carry out Iris scheme.
Meanwhile, Sir Percy Douglas, who succeeded General Wynyard
as Commander of the Forces in the colony, made his report on
the subject to the Secretary of State for War, representing the
inadequacy of the Imperial troops at his command to hold the
extended territory, and calling attention to the probable cost its
occupation would entail. " I still hold " he said " to the opinion
that the extension of oui- settlement beyond the Kei River will
necessitate the sending troops into that region. Your Lordship
is aware how inadequate our present force is to meet the require-
ments of such extension of military occupation. I offer no opin-
ion upon the policy of such extension, but in the face of recent
events, and convinced as I am that this must entail a considera-
ble augmentation of military expenditure, I venture to suggest
that before the occupation of the country between the Kei and
the Bashee be entered upon, it would be prudent on the part of
the Home Government to count the possible cost of such a
course."
Mr. Cardwell was Secretary of State when these represeuta-
248 HISTOET
tions reached Her Majesty's Government. Apprehending the
serious risk of gi-eatly increasing the military expenditure,
whicli might attend tlie occupation and settlement of the Transkei,
he directed that British dominion should be withdrawn from it,
and the Kei Eiver made again the extreme boundary of the colony
of British KafTraria.
Sir Philip Wodehouse seeing it was useless entertaining any
hope of a reversal of tliis decision, applied himself to discover
other means of filling up the vacant territory. The country
beyond the Bashee, into which KreH had been driven, was re-
presented by all who were acquainted with it, as quite unfit for
the support of himself and his tribe. Through Mr. Warner, a
government officer who visited him, the chief entreated Sir Philip
to have mercy on liim and give him back some portion of his
lands, " that he and liis people might live and not die." Sir
PhiUp assented, informing Kreli that in consideration of the
punishment he had ah-eady suffered and out of j)ity for him, ho
would be allowed to re-occupy the maritime portion of the coun-
try. The chief immediately accepted the offer with professions
of much gratitude, and resumed possession of tlie land conceded
to him, which he still occupies.
Sir Philip determined to offer the remaining portions (where
he formerly had intended to place the European farmers) to some
of tlie Tambookies of the Queen's Town district, and to the
Gaikas, who were complaining of want of room and inconvenience
in their location in British Kaffraria. The Tambookies accepted
the offer, but the Gaikas declined it, saying that they thought it
better to sit under the shadow of the English and pay their taxes
than go into a country they knew not, when their chief might
lead them into war with the Government. A number of the
Fingoes, who crowded the districts of Peddie and Victoria East,
were then invited to move into tlie territory, and they readUy
accepted the offer, carrying with them their flocks of cattle, sheep.
FINANCE 249
and goats, and other property. This transfer of these natives*
from within the colony was finally carried out in 1866, and the
territory now known as the Transkeian districts became peopled
with several tribes, having no alliance with their other Kafir
neighbours, and beUeved to be friendly and loyal to the British
Government from a consciousness of benefits received and an
appreciation of the peace and tranquility secured to them by its
influence.
But the embarrassments which Sir Philip felt as High Com-
missioner left without resources to caiTy out a frontier policy
affecting the welfare and safety of the whole country, were even
less formidable than the difficulties he had to face as Governor
of the Cape colony.
During the first five years of ParUamentary Government,
affairs went rolling along upon a pleasantly progressive wave of
prosperity. The public revenue, wliich in 1853 did not exceed
i"280,000, gradually increased each year, until in 1858 it was
iE460,000. Tliis augmentation arose partly from an increase of
customs duties agreed to in the opening session to meet the new
expenditure then sanctioned. But it was chiefly contributed by
the remai-kable increase of commercial and agricultural wealth,
flowing naturally from the sudden release of the country from
the repressive influences of former protracted and devastating
wars. The establishment of representative institutions also gave
increased activity and confidence to the productive classes. The
development of the resources of the colony was promoted by a
liberal expenditure on public works, and by the extension to tlie
more remote districts of conveniences and advantages, which
previously had been limited to the neighbourhood of the metro-
polis.
• In carrying out these important changes, His Excellency said, " Eveiy step
was taken in consultation with and with the cordial co-operation of Mr. Southey,
the Colonial Secretary, Mr. Graham, administering thegovemment of British
KafFraria, Mr. Warner, Resident beyond the Kei, and Sir W. Currie, Commandant
of the Frontier PoUce."
250 HISTOEY
With the advancing revenue, howevei*, the wants and expecta-
tions of the inhabitants fully kept pace, and in 1860 the greatly
increased pubUc charges rendered it necessar}- for the Govern-
ment to submit for the consideration of the Legislature, how it
BhoxJd provide the "ways and means," either by increased
taxation or by raising loans for carrying on public works.
The relations between the Govermnent and the Parliament in
regai'd to the supply of " ways and means." had aU along been
pecuhar. At the opening of the first session in 1854, Lieutenant-
Governor Darling announced that there was a sum of .£8r),000,
accumulated in the Treasiuy as a balance or "rest," available
for current expenditure; but it was afterwards found that this
balance was hable to the charges of the concluding month of the
previous year. In 1855, the deficiency occasioned by an expen-
diture incun-ed upon the basis of the ^£85,000 " rest," had to be
made good, and a select Committee of the House of Assembly
undertook the matter of equalising revenue and expenditure.
The Government were disposed to leave the duty to the House,
because none of the members of the Executive were represen-
tatives of the people, and it was a constitutional principle that
matters of supply and taxation should originate with the people's
representatives. The House, on the other hand, showed a
disposition to leave the matter to the Government, as the members
of the Executive had the means of obtaining information, and
were, therefore, in a better position to suggest any changes or
make any new proposals. The labours of the Committee of the
House resulted in recommendations for the consohdation of
ofiBces and retrenchment, as the best way of making both ends
meet. But before the close of the session, other propositions
for expenditure were made by individual members, wliich left
the finances much in tlie same position as before.
In a country just beginning to develop itself, it was natural
enough that there should be a continual demand for new services,
which the oflQcers of Govermnent could not refuse to satisfy.
EESPONSIBLE GOTEENMENT 251
The result was that year by year the expenditure increased, and
in 1860, the Colonial Secretary, Mr. Rawson, came to the House
with a statement of the actual necessity for taxation, and a
proposal to levj- a duty on the chief expoii; of the colony — wool.
This met with no favour. The House rejected the proposal, and
by a large majority declared that if judiciously and economically
managed, the existing revenue was sufficient for all general pur-
poses ; at the same time, it was suggested that means for checking
unlimited demands for local works and improvements, should
be devised on the principle of local self-taxation, with local
management and control. But before the session closed loans
for public works were sanctioned, and votes were again authorised
in excess of the anticipated revenue. In 1861, matters were still
more embarrassing. Mr. Southey, who was actmg Colonial
Secretary, announced that there was an empty treasury, a
number of luiauthorised loans incurred, to j^meet an excess of
expenditure, which there were no means of pajing, and that in
round nmnbers ^200,000 was requii'ed to place the finances
on a proper footing. He did not risk an adverse vote by
suggesting any taxation, but took up the position that it was
never intended by those who framed the Constitution, that any
member of the Executive Council should take upon himself the
duty of a Chancellor of the Exchequer, and that on the House
of Assembly itself devolved the responsibility of maldng the
necessary pro%-ision for the expenditure. The consequence was,
Executive duties were transferred to Parliamentary Committees,
who broiight up a series of financial measures which provided, to
a considerable extent, for pajdng off the liabilities of the Govern-
ment and increasing the revenue; but many of them were thrown
out in the Upper House. The Executive thus found itself in an
awkward position. It was powerless to increase income, and
powerless to exercise effective control over expenditure. The
majority of the House, formed of men of every degree of politics
— Easterns and Westerns, Conservatives and Radicals, Separa-
252 HISTOET
tionists and Anti-Separationists — who united together to prevent
any change in the form of Government, once tliat object was
attained, divided and scattered to the \vinds refusing, as a party,
to support tlie Govermnent of the day by passing their measures
for equalising the revenue and expenditure.
This unsatisfactorj' state of affairs, arising out of the want of
unity in action, and poHcy between the Legislatiu'e and the
Executive, had long been foreseen. The advocates of represen-
tative institutions were sensible wlieu the Constitution was
granted, that its machinery was defective in this respect, but
they rested satisfied that once it was put into operation, the
defect would soon be felt, and opportimity would be taken of the
power of reform it contained within itself to make the necessary
alterations. The Privy Council, who had framed the scheme,
witlxlield from the local executive officers the pri\Tlege of becom-
ing members of either House, although they allowed them to
have seats there and give information when asked. Their reason
for doing so was an apprehension that such a step would neces-
sarily entail "Party Government," which they considered the
colony was not sufficiently advanced in wealth or population
to manage. They held that, although the Cape of Good Hope
could at that time supply its own Legislators, and enough of
them for two Houses, it could not supply its own Ministers.
The Parliament accordingly presented the anomaly of being
composed entirely (mth the exception of the President of the
Legislative Council) of representatives, elected by the people
and enjojdng their confidence, wliile the administration was
entrusted to ofiicers appointed by the Home Government, no
matter whether they worked in harmony with the Legislature or
not, and the Imperial Government looked to the Governor alone
as the responsible officer.
The experience of the first Session satisfied many members
that a cliange to the British system of responsible Govcrnni'iit
was expedient and necessary. Tlic House of Assembly, on a
SEPAEATION 253
motion brought forward in 1855, by one of the members for Port
Elizabeth, Mr. Paterson, aflSrmed this principle. A Committee
was then appointed, who reported upon the arrangements, which
would be necessary to introduce the change. Time was asked
and given to consider the measure maturely. In the following
year, 1856, it met with opposition, and by a majority of 24
against 16 votes it was declared to be prematxire, against the
feeling, and unsuited to the state of the country. In the second
Parliament, in 1860, it was again brought forward bj- Mr.
Molteno, in a resolution setting forth that as the tenui-e on wliich
members of the Executive Council then held office, was incom-
patible with the satisfactory working of representative institutions,
those officers should be qualified to sit as members in either
House of Parhament, and shaU hold office only as long as they
possessed the confidence of the Legislature. The debate on this
occasion was remarkable for the eloquent and powerful support
given to the proposition by the Attorney-General, Mr, Porter.
His colleague, the Colonial Secretary, Mr. Rawson (now Sir
Eawson W. Eawson), adopted the same course, and expressed
lus strong conviction that the existing system of Government was
wholly unsuited in tlieory, and most inconvenient in practice,
and that the proposed change would be generally advantageous
to the country. The motion, however, was negatived by a
majority of 20 against 18. After tliis, for two or three years,
the tide of public opinion continued to be against it ; but its
advocates felt that their final triumph was merely a matter of
time ; that sooner or later the change must come. " Piepreseu-
tative institutions without responsibility," said Mr. Gibbon
Wakefield, "is much like having a fire in a room with the
chimney closed. The question is how long it may be tolerated ;
and that, of course, depends on the strength of the fire."
Another subject wliich interfered with the harmony of legislative
business, and agitated the public mind was, that of sepai-atiou, or
254 niSTOET
local self-government for the Eastern province.* Atthetimeof
the introduction of the Constitution a considerable number of the
inhabitants of the eastern districts were opposed to it, because no
concession was made to them on either of those points. Sir
George Oathcart then conceived that the creation of a Lieutenant-
Governance, and the appointment of a Judge and Solicitor-General,
to reside at Graham's Town, would meet their requirements. In
accordance with this plan, the Commander of the Forces was
appointed Lieutenant-Governor, mth Mr. Soutliey, who was
intimately acquainted with, frontier matters, as his secretary ; and
the divisions of Albanj', Fort Beaufort, Cradock Victoria,
Somerset, and Queen's To\vn, were named as the limits within
which the Lieutenant-Governor, under deputed powers from the
Governor, should have jurisdiction in executive matters, report-
ing the same weekly to Cape Towti.
But the Parliament, when these measiu-es were submitted for
approval in 1855, declined to sanction them. In the following
session, 1876, a motion for severance of all political union between
the provinces was brought forward by Mr. Pote. and it was met
mth an amendment by Mr. Solomon, that whenever the Eastern
province indicated a desire to have a separate and distinct
government, it should be given upon terms fair and just to both
provinces. In 1857, the battle was transferred to the Legislative
Council, where tlie Hon. Mr. Godlonton brought forward a scries
of resolutions, declaring that the division of the colony into
federative provinces for local and legislative purposes would be
of great public advantage. The Council divided, and the six
members elected by the Eastern province voted in favour of Mr.
Godlonton's propositions, while the seven Western members voted
against tliem. The minority (representing the Eastern province),
shortly afterwards followed the course which the popular leaders
* It became habitual to talk of the Eastern Province, although, except for the
Election of Meraljcrs for the Legislative Council, according to the Constitution
Ordinance, no such designation occurred in any other legal enactment.
EEMEDIAL MEA8UHE8 1255
of 1850 had taken in the old Coiuicil, and handed in tlicii- resig-
nations as members — as a protest against the idea that the
existing Constitution was suited to the wants of their constituents.
In 1861 again very decided efforts were made by the advocates
of sepai-ation to force from Parliament a consent to their long-
cherished desu*e. A league was formed, with an extensive
organization, in all but two or three districts in tlie Eastern pro-
vince, A convention of delegates from the various branches of
the league met at Somerset East, and resolutions were then agreed
to as the basis of a measure for the division of the colony into
two distinct and separate governments. The BUI was introduced
into the House of Assembly by Mr. Harries, one of the members
for Cradock. Petitions in its favour, signed by fjOOO persons,
were presented. The debate on the subject extended over four
days, and ended in the rejection of the BiU by a majority of 22
against 15. The league, stiU bent on the attainment of their
object, transferred their operations to England, submitting
memorials and representations to the Secretary of State, but there
also their efforts were equally unsuccessful.
Under these circumstances, the task of devising a line of policy
wliich woidd unite the several sections into which the colony
appeared to be divided, was no easy one. But Sir Philip Wode-
house addressed himself to the work in an earnest hopeful spirit.
He at first thought of solving the difficulty by the creation of a
quassi-federal constitution, consisting of two local governments,
east and west, with one central goveniment-in-chief. Thus, by
enabling each province to manage its o\vn local afi'airs, he hoped
to remove the real or supposed grievances which kept alive the
demand for separation, while in the central Legislature he retained
the substantial advantages of unity. He communicated these
views to the Secretary of State, the Duke of Newcastle, who. in
reply, intimated that the desire of Her Majesty's Government
was to see the Eastern and Western provinces and Kaffraria
welded into one harmonious whole ; that he was therefore not pre-
250 HISTOKY
pared to approve proposals involviug the entire subversion of tlie
Constitution of 1853, and gi\'ing an unnecessarj- and unadvisable
prominence to separation ; and he suggested that the federative
plan of New Zealand, modified in some respects, might be well
adapted to the circumstances of the Cape.
The federative plan, however, was abandoned. The Governor
on his own responsibility proposed other remedial measures. To
improve the relations of the administration with the Legislature,
he informed the members of his Executive Council tliat it was
liis intention to take theii* advice on all matters to be submitted
to Parliament, and he trusted by this means to arrive at an
agreement as to the proper line to be taken on each, and thus to
establish a claim to their united support in both Houses. To
relieve the Eastern districts from the inconveniences and disabilities
they complained of, he determined to avaU Mmself of the discre-
tion given him b}'^ the Constitution Ordinance, and to assemble
the Legislature alternately in the eastern and western parts of
the colonj'. And foUo-\\dng upon this, he contemplated the
appointment of judges, and the estabUshment of a liigh court in
the Eastern districts. In the session of 18G2, the proposal for
alternate Parliaments was rejected, with other measures of the
government. But before the close of the session of 1863, a reso-
lution in its favom* was passed by a majority of one in the House
of Assembh', and His Excellencj' announced that the next Parha-
ment would be opened at Graham's To^vn.
This step was regarded, particularly in Cape Town and the
Western districts, as a blow at the supremacy- of the old metropolis.
In Graham's Town it was haUed as a concession to the Eastern
provmce, which would greatly increase its power and influence.
The Governor, however, declared he had done it mth no desire
whatever to set east against west, and with no view to the removal
of the seat of government, but only to secure to the Executive
Government a preponderance in the conduct of the Legislature
THE SESSION AT GRAUAM's TOWN 257
which woiiltl enable it to retrieve the finances and to maiiUain
the public credit of the colony.
The session of 1804 amply justified his expectations. In its
results, as tar as the j)rovision made for the public service was
concerned, it fairly challenged comparison with any that had been
held since the establishment of parliamentary mstitutions.
Additional taxation to the extent of nearly .£100,000 was agreed
to. The custom duties were increased. Stam])s, bank notes,
and succession duties were unposed ; the government were relieved
of the cost of maintenance of roads, which was transferred to
local bodies ; leave was given to grant long leases of the cro^vn
lands ; a loan was authorised to pay off floating debt and a sink-
ing fund, for the ultimate liquidation of the colonial debt was
created. At the same time a census of the colony was ordered to
be taken, and an addition was made to the judicial establislnnent
wliich gave a High Court to the Eastern districts.
One measure, however, excited much indignation amongst the
mercantile community at the ports of the colony. At the opening
of the Session, the Governor intunated his intention of proposin"
an increase of the duties on imports. It was then suggested in
the Assembly that the EngUsh practice should be adopted of
protecting the revenue immediately an increase of customs dues
was determined upon, in order to prevent speculators withdraw-
ing goods fi'om the bonded warehouses at lower rates of duty.
A resolution to this effect was cai'ried, and acting upon it tlie
Governor instructed the customs officers to require all persons
paying customs on imported goods after that date to enter into a
bond to pay such increased rates of duty as might be proposed by
the Governor, and enacted by Parliament uuiiug tlie session.
This indefinite hability was calculated to interfere most incon-
veniently with the ordinary coiu'se of business. Steps were taken
to test the legality of the proceeding, as a resolution of either
house had not the power of law. The Supreme Court was
appealed to, to declai-e the order illegal. But before the Court had
258 . insTOET
time to pronounce a formal decision, Act No. 1 of 1864, " For the
better protection of the customs revenue in certain cases," was
hurriedly passed through all its stages in both houses, received
the Governor's assent, and was transmitted by telegraph and
promulgated in a " Gazette extraordinary" in Cape Town. The
Act not only indemnified the Governor for what he had done, but
it also provided that any suit or action instituted in any court
against the customs officers, "either before or after" the taking
effect of the Act. should be dismissed -with costs. On the morn-
ing the Act was published, the Supreme Court met to give judg-
ment in the case before them. The Chief Justice (Sir Sydney
Bell), did not hesitate to declare the enactment "a tjTannical and
unjust one." But the law had been passed, and the Court had
no alternative but to enforce it.
Diu-ing all this time (in 1864) no open proposals were put
forward by the Governor respecting the object he had so much at
heart — the annexation of British Kaffraria. The existence of
a separate government in that country was mconvenient and
embarrassing to him, but he felt it was out of his power to bring
about its union through the colonial legislature. He therefore
thoitght of cutting the Gordian knot, and overriding all opposi-
tion, by securing the action of the Imperial Parliament. In a
despatch to the Secretary of State he urged that if an Imperial
Act were passed for the junction of the two colonies, the anti-
annexation agitation in British Kaffraria would come to an end,
and the Cape Legislature would at once apply itself to regulating
the terms on wliich the new territory shotild be admitted into the
electoral representation. A few days after this despatch was
WTitten. a resolution in favour of annexation was proposed by a
private member, and carried ia the Legislative Council, after
several of the Western members had left ; and a similar resolu-
tion was only prevented from passing the Assembly through the
persevering opposition and obsti-uction of a small minority of
Westerns still remaining. The Council resolution gave His
DECISION OF THE HOME GOVEIINMENT. 25{>
Excellency an opportunity of again rccommcncling Imperial
•action to the Secretary of State. " If Her Majesty's Government
ilesii-e to unite the two colonies," he said, " it had better be done.
If they do not desire it, a definite declaration to that effect would
prevent further unprofitable discussion."
Mr. Cardwell agreed to act according to those recommendations,
and at once to introduce a Bill into the Imperial Parliament. He
wrote to Sir- Pliilip : — " It seems to Her Majesty's Government
that the Crown colony of British Kaffraria is in reality a part of
the Cape colony, that it is necessarily subject to the same general
conditions, that the taxes imposed by the Legislature of tlie Cape
and the laws enacted by that Legislature must ordinarily apply
to the inhabitants of the small district now existing as a Crown
colony in its immediate neighbourhood. The Imperial Govern-
ment, moreover, which maintains so large a force for the defence
of the South Afiican possessions of the Crown, has a fau- right
to insist on an arrangement being terminated wliicli renders the
defence of the Cape colony dependent on that of a small territory
of the Cro\\ai interposed between the Cape colony and the
principal Kafir tribes. It appears to them therefore desirable
that the division between the two colonies should no longer
exist."
The first intimation the colonists had of this intention was
early in 1865. The Annexation Bill had then been introduced
and passed through the House of Commons, and actually become
law — although it contained a provision that the Cape Parliament
might, if so disposed, pass another enactment, arranging details,
before it came into operation. The proceeding was naturally
regarded as a violation of constitutional rights. The omnipotence
of the Imperial Parliament over this as over every part of tlio
empire was not disputed, but it was questioned whether imperial
legislation was justifiable under the circumstances — especially as
the colonists had not been made aware that such a grave step had
been contemplated by the Governor or the Secretary of State,
260 HISTOET
and were therefore unable to have their views made known in the
Imperial Parliament before the bUl was passed; and, fiu'tlier,
because the measiu'e itself burthened the revenue of the colony
(although possessing representative institutions), not only with
the responsibilities of the government of Kaftaria, but also with
its debts and obligations, without the sanction of the Colonial
Legislature. The action of the Governor himself was universally
disapproved of. It was felt that instead of working in haimony
with the colonists, and carrying out his objects tlirough the slow
processes of constitutional government, he had been working out
his scheme secretly, and utterlj' regardless of the opinions and
desires of the inhabitants.
The political situation was by no means agreeable when the
session of 1865 opened. It was convened in Cape Town. The
expectations of the East were thus disappointed, and its press no
longer sang the praises of Sir Philip " the Just," but indulged in
adverse criticisms of Sir Philip " the Juggler." The West, mean-
while, was indignant at the slight cast upon the representative
institutions of the colony. Mr. Solomon, member for Cape Town,
brought forv\'ard a string of resolutions, which, with a few amend-
ments, were passed by the House of Assembly, protesting against
the action of Her Majesty's Government, and amounting to a
censure of the Govcnior for having suggested Impeilal legislation.
Some advocated an adjournment of the Pai-liament for a sufficient
time to allow of remonstrance being ^addressed to the Secretaiy
of State to have the arbitrary Imperial Act cancelled, and to leave
the question of the incorporation of British Kaffraria to be dealt
with in the colony. But the Annexation Bill was ah'eady law,
and held in terrorew over them ; and the Legislatm-e had to choose
between arranging the details according to its own mind, or allow-
ing the Act to come into operation as issued from Downing-street.
Two bills were sent doA^-n to the Assembly by the Governor — one
for giving colonial assent to the annexation, another for increas-
ing the number of members of Parliament — giving four members
EASTEEXS AKD WESTEHNS 201
to British Kaflfraria, and an equal number of additional repre-
sentatives to the western districts. By an order of the House
these bills were incorporated in one.
Then commenced a struggle of parties— the Eastern members
demanding equality of representation, the Westerns refusing it,
apprehensive that ulterior measui-es, such as removal of the seat
of government, or separation might follow. The Easterns pleaded
their superiority in increased territory and population, in stock,
and property. The Westerns, on the other hand, dwelt on tlieir
more numerous European population, the superior culture of the
masses of their peoj)le, and their large fixed property and capital.
For three weary months the contest lasted. The Easterns,
adopting obstructive tactics, endeavoured by divisions and count-
outs to throw out the Incorporated Bill, so that the Imperial Bill
would come into force, by which the balance of representation
would be largely in their favour. But the Westerns doggedly
held thek own in defence of their privileges, — whenever by any
circumstance the bill dropped oflf the " orders of the day " they
moved it on again, and so maintained tlieir position. The result
was inevitable. The Easterns away from their homes and business
could not afford to give an indefinitely protracted devotion to
parliamentary duties; and, as their numbers diminished, they
gave up the battle, leaving the House in a body, when the Bill
passed through its final stages. Never in any Legislative Assembly
had the poUcy of obstruction by a minority been canied on so
determinedly as on this occasion, but it was conclusively proved
to be an unwise as well as an undignified mode of procediu'e.
The session of 1865, which commenced on the ^Vth Apiil,
closed only on the 10th October, having lasted over six months.
The Governor, in his prorogation speech, took credit to liimself
for what he had done, notwithstanding the dissatisfaction of the
country and its Legislature. " I have been," he said, " a spectator
of the persevering industry with which, almost from the day on
which the resolutions of the House of Assembly were passed,
262 HISTOKT
the Parliament has heen establishing my justification. I have
watched the fruitless struggles to obtain the introduction of the
Imperial Act, made by many of those who had so strongly
denounced it. I have seen faint attempts on the part of indi-
\'idual members to restore harmony, result only in renewed
divisions; and, at last, I have seen the Bills of the Government
carried unaltered. These occurrences go very far to prove that I
took a correct measure of the poHtical situation ; that if I had
neglected my duty, British Kaffraria would not have been
annexed, that the constituencies entitled to representation would
not have obtained it, and that the Legislative Council would not
have been beneficially enlarged, if I had shrunk from calling in
the aid of the power which the Constitution placed within my
reach."
But Sir Philip afterwards, before his departure from the
colony, frankly and uni-eservedly admitted that he had strained
to the utmost the powers vested in him by the Constitution, and
had done violence to the feelings of those who attached a high
value to their parhamentai*y privileges. His justification was,
the difficulty — almost impossibility, of conducting the adminis-
tration as it stood, and the conviction that altliough the measure
was generally admitted to be sound and desirable, party in-
fluence in the Legislature might have indefinitely postponed its
accomplishment.
Throughout this period of political strife the colony suffered
from a succession of misfortunes. Adverse seasons and long-
prevailing drought had led to enormous losses of sheep and
cattle. The oidium was devastating the vineyards, and materially
reducing the yield of the wine-farms : added to wliich, Mr.
Cobdon's French commercial treaty, and Mr. Gladstone's
alcohoUsation scale of import duty, closed the EngUsh market
to the trade. The war between the Orange Free State and the
Basutos also disastrously affected colonial business. Mercantile
failures ensued, and very general distress prevailed. The
FINANCIAL EMBABHASSMENTS 263
condition of the unemployed working-class was such as to
necessitate steps to be taken for their relief, and the Governor,
on his own responsibility, ordered a portion of the proposed
railway, from Cape Town to Worcester, tlirough Tulbaigh Kloof,
to be proceeded with, until the decision of Parliament as to the
prosecution of railway works generally could be obtained. When
the Parhameut was on the eve of separating, the works were
ordered to be discontinued, and the engagements of the staff of
the colonial engineer to be terminated. From these and other
causes a number of operatives were thus again thrown out of
employ, and disposed to leave the colony. With a \'iew to retain
them and relieve their distress, the Governor was urged at the
close of 1865 to adopt some measures calculated to meet the
emergency ; but His Excellency declined to take any further
responsibilities in that direction without the approval of the
Legislature. To a deputation which waited upon him, he freely
discoursed upon his position, confessing that he felt upon all
sides a want of confidence in his administration; that con-
demnation of the Government, or of himself, was the only bond
of cohesion of parties, and under such circumstances he con-
sidered it would be unbecoming and presumptuous, if he took
upon himself to raise an unauthorised loan, to be expended on
works about which one half of Parliament would diflfer from the
remainder.
Matters were in no v/ay improved when the session of 18C(>
opened. The Parliament was then strengthened by the addition
of representatives from the new constituencies, created by the
Kaffrarian Annexation Act. The House of Assembly was
increased from 40 to 66 members, and the Legislative Council
from 15 to 21. The personnel of the Executive Government
was slightly changed. Mr. Porter had, a year before, retired
from the office of Attorney-General, receivmg through both
Houses of the Legislature tlie unanimous thanks of the colony.
and a pension equal to the full salary of his office for the re-
264 HISTOET
mainder of liis life, in recognition of the great and important
services rendered by him to the country, during his long and
useful career extending over twenty-six years. Mr. Griffiths
was appointed his successor. Mr. Southey filled tlie office of
Colonial Secretary, which he had held since 1864. Mr. Davidson
was Treasurer-General, and Mr. Cole, Auditor-General.
The Government unfortunately had to present a miserable
pictui'e of the financial position. The charges for the service
of the past year had exceeded the public income by near ^90,000,
and the prospect for the current year was equally unfavourable.
To meet this the Executive came before Parliament, with a
proposal for an addition of ^200,000 to the public debt by
Treasury Bills running for a term of five years, and the imposi-
tion of an export duty on aU produce shipped from the colony
for a similar limited period. There had been a general expecta-
tion abroad that, instead of this, a comprehensive scheme of
retrencliment would have been submitted. Administrative
reform and economy of the pubhc expenditure was the cry of
the public and the press ; the cry was echoed in the House of
Assembly, and a select committee was appointed to enquire into
and report upon the subject. The labours of the members of tlie
committee were most extended and exliaustive, and they brought
up a report upon the pubhc accounts, setting forth that sufficient
care had not been taken in presence of a most remarkable
increase, under every head of expense to regulate the same in
proportion to the smaller relative increase in the public revenue ;
that there was an unnecessary comphcation and want of simpli-
city in the conduct of public business, and that large savings
might be looked for from re-arrangements, and organic changes
in the carrying out of the service. The Governor, on being made
acquainted with their views, assured the House of his readiness
to give the retrenchment proposals of the committee his best
consideration. " Some of the propositions," he said, " affect
most important branches of the administration. In dealing with
THE FINAL STEUOGLE 265
them the Government is bound, as far as in it lies, to act on its
own convictions of what is just and desu-able. If, unfortunately,
those convictions, and equally the measiu'es for the restoration of
the finances (which will still be necessary) should not coincide
with the views of Parhament, the remedy is probably to be found,
not in casting blame on the Government for enteiiaiiiing such
opinions, but in dispassionate consideration whetlier the time has
arrived for introducing a system of Government, dependent on
the support of a majority in Parliament, by means of which all
the colonial estabUshments and arrangements could be brought
into a condition, acceptable to the colonial representatives."
Beyond the authorization of a loan, and the adoption of a
number of retrenchment resolutions, little business was done
during the session, and at its close Sir PhiUp did not conceal liis
disappointment, and regret that it had been so unproductive of
good measm'es. The antagonism between the Executive and the
Parhament was even more marked in the following year. The
Government then stated the extent to which it was prepared to
retrench; but intimated that ^\ath every deshe to economise,
there would stUl be a deficiency which it proposed to provide for
by the disagi-eeable export tax. At the same time a recommen-
dation was put forth, exclusively on the responsibihty of the
Governor and his Executive, for an alteration of the constitution
of the Legislature — namely, the substitution for the existing
Parhament of a single Legislative chamber of eighteen members,
representing six electoral circles, and three Government oflScers.
" With such a body," His Excellency said, " there would be no
difficulty in convening it at either end of the colony, as the
pubhc necessities might dictate." The scheme, however, was
not pressed; it was thought unadvisable to work so organic
a chaijge without the country having time to consider it.
Following upon tliis the advocates of responsible government
in the House of Assembly, again brought forward a motion for a
change in the direction of bringing the representative institu-
266 HISTORY
tions of the colonj', to their legitimate result. Since the subject
had been previously discussed, the colony had been warned by
Lord Carnarvon, of the Imperial policy for the gradual ^\^th-
drawal of the troops, and that the country must arrange for its
own defence. This took away a strong argument, formerly
advanced against the colony, taking the entire responsibility of
Government in its hands ; but a portion of the Eastern members
still considered that their interests would suffer by the change
— and, by a coalition between them and the old conservatives of
the West, the inti'oduction of responsible government was
negatived by 29 against 22 votes in its favour.
The unsatisfactory relations between the Executive and the
Legislature were thus prolonged. But the final struggle for
ascendancy came at last. At the opening of the first session of
the fourth Parliament in 1869, the Governor again called atten-
tion to the condition of the colonial finances, and pointed out the
desirableness of increasing the revenue by £50,000 a year, recom-
mending that this sum should be raised by a tax of tlireepence
in the pound on all incomes, and on the annual value of all im-
movable property. The proposal was rejected. The House of
Assembly, without a division, expressed its opinion that the
equalization of revenue and expenditure should be brought about
by retrenchment upon an extensive scale, and called upon the
executive government to devise and propose such a scheme as
early as practicable.
The Governor responded with a " scheme " more sweeping and
comprehensive than any of the members liad dreamt of. He
renewed the proposal previously made by him for abolishing the
two existing Houses of Parliament, and substituting a single
House consisting of only 12 members and ;{ executive officers ;
and as a further measure of economy, to meet the views of the
House, he suggested the abolition of fourteen fiscal divisions, the
withdrawal of grants to several public institutions and other
reductions. In an accompanj'ing message he gave expression to
DEFEAT OF THE GOVEBNOE's SCHEME 267
tlie opinions which seven cousecutive year's service in tlie colony
had enabled him to form of the parliamentary system. " The
Governor," he said, " cannot perceive in the constituencies any
just appreciation of the functions of Parliament, or of the mode
in which their representatives should discharge their duties.
Unless it be for the attainment of some purely local object, or to
force on some piece of legislature coveted by a particular section,
they do not appear to expect of them any active hnc of conduct,
any real attempt to impress upon the Government the adoption of
well-reasoned measures with wliich they should be prepared to
give it an intelligent and cordial support."
The members of the Assembly realised the appUcation of the
scripture parable. They had asked for a fish and the governor
had given them a serpent. Some thought that as they could not
get the fish they should take the serpent, but extract the poison
from it. Those who favoured the plan of one Legislative chamber
in opposition to the bi-cameral principle, were williug to agree to
a second reading of the Constitution Amendment Bill, with the
view of altering it in committee by enlarging the numljer of mem-
bers, and so making a good measure of it. But the friends of
representative institutions gave their unquaUfied opposition to
the proposal. Mr. Gordon Sprigg, a representative of the division
of East London, denounced the bill as an affront to the members
of the House and to the people of the country, and moved its
second reading on that day six months. The House, after a brief
debate, endorsed his view by a majority of 39 ayes against 22
noes.
The House then adopted a series of resolutions as a reply to the
Governor's message. It expressed its disappointment at the
scheme of retrenchment submitted. It regretted to find the
Governor holding such erroneous opinions as he had stated re-
garding the people of the colony and their representatives, and
asserted that the fact of such views being entertamed by the
Government had much to do in bringing about the existing un-
268 HiBTonr
satisfactory state of tilings. It set forth its objections to the
abolition of the fiscal divisions ; and indicated various directions
in which retrenchment could be can-ied out without any sacrifice
of establishments really necessary for the progress and welfare of
the colony. It also insisted on a temporary reduction of fi'om
5 to 15 per cent, on the salaries of civil servants, on the ground
that each officer of government would thus see that tliere was a
settled determination on the part of the Legislature to reduce the
public expenditure, and that it was his duty and interest to ren-
der aU possible assistance in that direction.
The resolutions were moved by Mr. Molteno, member for
Beaufort West, who throughout this struggle became the acknow-
ledged leader of the House. He held that the country could be
governed much more cheaply than it was ; that to put the govern-
ment in further funds would only lead to further irresponsible
and unprofitable expenditiu'e ; and, that at this crisis, it was the
bounden duty of the Executive to carry on the administration
according to the wshes of the people expressed thi-ough their
representatives.
After much controversy, the Government declai-ed that it was
prepai'ed to adopt all practical measures for reduction of expen-
diture, but some of those proposed by the House it regarded as
so objectionable in principle that it declined to render assistance
in carrying them out ; and, if they were to be enforced, bills to
give them eff"ect must be introduced and passed by members
themselves.
Matters threatened to come to a deadlock. The House would
do nothing the Government proposed, and the Government would
do nothing the House proposed. The Governor, at last, sent
down a bill for thi-ee month's supply on the basis of the past
estimates, intimating that Pai-liament would be called together
again at an eai'ly period of the ensuing year. Mr. Molteno and
his supporters insisted on the biU being amended in accordance
\vith the retrenchment resolutions. A compromise was en-
APPEAL TO THE COUNTKY 269
deavonred to be effected by Mr. Porter, who had been returned
as a member of the House by the City of Cape To\\-u. He urged
that the vote asked for by the Governor should be agi'eed to, but
qualified by a resolution that it was granted in its entii'ety for
the pui-pose of averting the evils which would attend any effort
of the House, at that late pei-iod of the session, to make any re-
duction, in the face of the persistent opposition of the Govern-
ment. Wliile the discussion on the Approbation Bill was going
on, proceedings were abruptly stopped. The Governor resolved
to dissolve the House of Assembly, and make an appeal to the
constituencies on the measures which had been discussed during
the session, and on the principle upon wliich the Government
of the colony ought for the futui-e to be conducted.
The issue put before the country at the elections was — whether
the Legislature should be so modified as to afford the Executive
a prospect of obtaining more influence, or whether the colonj'
should be brought under " responsible government." Sir Philip's
own convictions were strongly against the latter system, which
he regarded as unsuited to any dependency, and likely to work
gi'eat mischief to the colony. His Executive council concun-ed
with him. Some time before the elections took place the Govern-
ment bill was published, " for the amendment of the Constitu-
tion," — which provided for a Legislative council of 36 members,
four of whom should be officials, and the remaining 32 elected
members. The appeal to the constituencies aroused an imusual
amount of political life and excitement. But the reactionary
policy of the Government did not find favoui- ; and when the
new House of Assembly met, in 1870, it was found that a good
majority were determined not to surrender the political privileges
of the colony.
In the meanwhile Sir Philip had adtlressed the Secretary of
State, and asked for an expression of the opinion of Her Majesty's
advisers as to the general policy to be followed. Earl Granville
was at the Colonial Office, and replied that although he was
270 HISTOET
ready to give His Excellency every opportunity of pushing his
views, he had no anticipation of his being able to carry them ;
and that the policy which would be enjoined on his successor
would be to point out to the colonists that the existing constitu-
tion was an inadequate and transitional one, and that a change
one way or other was inevitable.
Wlien the Parhament assembled in February, 1870, the Gover-
nor's Bill was at once brought forward, and advocated with all
the ability and influence whicli the Executive officers and their
supporters could command. Mr. P. Watermeyer, a colonist bred
and born, moved its rejection ; and following him in condemna-
tion of the measure, were such members as Mr. Solomon, Mr.
Ziervogel, Mr. Molteno, Mi-. Pearson, and also Mr. Porter, who,
had tlie Government bill then passed, might have said as his
countryman Grattan said of the Irish constitution, "I have sat
by its cradle and followed its bier." After a four days' spirited
debate the motion for a second reading was negatived by a
majority of 34 against 26 votes. This question being thus
definitely settled, the Assembly proceeded to make provision for
passing a house-tax for an increase of the revenue, sufficient to
defray the charges of the year.
Sir Phihp Wodehouse prepared to lay down the reins of office
as soon as the session was ended. Addressing the Parliament
he said " I am about to leave this colony in which I have resided
so many years, at a very critical period in its history, and when
it is apparently on the eve of very important changes in its
political condition. I have never been a colonist in tlie ordinaiy
acceptation of the term, but I have all my life been a colonial
servant of the British Crown. All my sympathies are euHsted
in the close connection of the colonies with England, and tlio
movements now talcing place towai-ds the dissolution of those ties
are to me most unwelcome." Sentences such as these furnish
the key to tlie want of hai-mony and cordial co-operation between
the Governor and the governed which marked His Excellency's
BEMAKKABLE DISCOVEEIES 271
administration. The uew political order in the colonies appeared
to him to involve a severance from the parent state. He could
not see eye to eye with the liberal government of the day, that
just in proportion to the completeness of the concession of self-
government in the various possessions of the empu'e, their attach-
ment and devotion to the mother country had been strengtiicned
and developed. In the performance of his official duties, Sir
Phihp had laboured most conscientiously and earnestly according
to liis views ; but none knew better than himself that he had not
fashioned his work to the popular taste ; and he closed his speech
to the members of the Legislature with these woi'ds, " I am
sensible that during the period for which wc have been jointlj^
engaged in conducting the business of the country, serious dif-
ferences have on some occasions existed between us. For any
that I may have unadvisedly or unnecessarily created, I hope
you wUI accept my assurance of regret. And I must earnestly
pray that your dehberations in future years may be productive
of great benefit to all those whose affairs it may be your lot to
regulate and control."
A remarkable change in the fortunes of the colony occurred
at this period. Some portion of the mineral wealth of South
Africa was unexpectedly unfolded to view. In lS(i7, Mr. Southey,
the Colonial Secretary, had laid upon the table of the House of
Assembly a diamond, said to have been discovered near the Orange
Kiver. The stone had passed through many hands before its
value was suspected. It had orginally been the playtliing of the
children of a poor farmer living near the Orange River, in the
district of Hope Town, who had picked it up with other pebbles,
— quartz crystals, agates, jasper and chalcedony, common enough
in that locality. A neighbour happened to see the stone, and its
brilliancy attracted his notice. He gave it to a trader, Mr.
O'Reilly, who sent it on to Graham's Town in order to ascertain
what it was. Dr. W. G. Atherstone pronounced it to be a diamond
of the first water, and his judgment was confirmed by that of
272 HI3T0ET
Messrs. GaiTard, the Queen's jewellers, in London. Even when
it was thus declared to be a diamond, doubts were thrown on its
origin ; and the existence of rough diamonds in the countiy was
so generally discredited that nothing Uke an organised or
systematic search was made for them for some time afterwards.
In 1870 an exploring part}', chiefly composed of officers of Her
Majesty's 20th Regiment, then stationed at Natal, and another of
Cape colonists from King William's Town, proceeded to dig and
wash the alluvial drift along the banks of the Vaal River. They
soon found numbers of diamonds, and their success brought
numerous other parties, from the Colonies and the Republics, as
well as from abroad. Lieutenant-General Hay, who for six
months after the departure of Sir P. E. Wodehouse was Acting
Governor and High Commissioner, then took steps with the
advice of liis Executive Council for the appointment of a British
magistrate at these Diamond Fields, for the preservation of peace
and order, until pending disputes as to the rights of the Griquas,^
or of the Border Republics (the Orange Free State and the Trans-
vaal) to the territory were settled.
The success of the diamond seekers, combined mth favourable
seasons in the colony, gave an impetus to every branch of industry,
and wonderfully revived the prosperity of the agiicultm-al and
pastoral classes ; producing such beneficial effects, that before the
close of the year, the public revenue, wliich previously had always
exhibited a deficit, shewed a handsome surplus.
The new Governor accordingly entered upon his administration
under auspicious circumstances. The choice of the Secretary of
State, Earl Kimberley, had fallen upon Sir Henry Barkly. who,
during a long colonial administration had earned the character of
being " a singularly judicious Governor." Piior to leaving
ICugland he had been informed of the principal questions of colonial
policy he would have to deal with. It was intunated to him that
Her Majesty's Government did not greatly regret the non-accept-
ance of Sir P. Wodehouse's policy, and that it was of opinion the
SIE HENEV BAEKLT 273
colonists would act msely in adopting to the full the principles
of self-government which prevailed in Austi'alia and British North
America. Sir Henry Barkly's own impressions with regai-d to
the worldng of responsible government, derived from his experience
in Victoria, were decidedly favom-able, and he was prepared, if
the obstacles to its success among the South African colonists
were not insuperable, to direct his most strenuous eflbrts to secure
its adoption.
On the first occasion of his meeting the colonial Parliament,
His Excellency was careful not to express any very decided
opinion of his own as to the direction the necessary reform of the
Constitution should take. He was content with a suggestive
reference to the anomalous relations of the Executive and the
Legislatiure, and awaited the result of then* deUberations. A
motion was soon brought forwai'd by Mr. Molteno, in the House
of Assembly, declaring that the time had come for the introduc-
tion of responsible government; and that as a federate iinion
was deemed to be expedient, a Government commission should be
appointed to enquire as to the arrangements necessary for its in-
troduction. After a debate extending over seven daily sittings,
this resolution was carried by 31 against 26 votes. The Governor
was then asked to introduce a Bill in accordance with the views
of the majority, and to appoint a commission on Federation as
they desired. With regard to the preparation of the bill he was
placed in some difficulty. The Attorney-General, Mr. Griffith,
intimated his willingness to follow any instructions His Excellency
might give him, but he deprecated being called upon to frame a
measure the policy of which he conscientiously disapproved and
the provisions of which might be viewed with distrust if they were
known to emanate from him. Mr. Porter's aid was then sought,
and a draft prepared by him was adopted by the Governor, and
forwarded by message to tlie Assembly. Its second reading there
was canied by an absolute majority of 34 to 27 votes. But when
it reached the Legislative Council, that body, in the exercise of its
274: HI8T0KY
legitimate functions as a conservative check, rejected it in a full
house by 12 to 9 votes.
At the opening of the following Session of 1h72, Sir Henry
Barkly announced that he was authorised and instructed by Her
Majesty's Government to re-introduce the Bill. He saw no chance
of making progress with other measures until this question of
constitutional reform was settled. He therefore recommended its
adoption, expressing his conviction of the thorough fitness of the
colonists to be entrusted with the entu'e management of their own
affairs. The second reading was moved in the Assembly by Mr.
Jacobs, the Solicitor General, who, in the absence of Mr. Griffith,
was appointed acting Attorney-General. No other member of
the Executive supported the measure : they had previously,
individually and collectively, communicated to the Home Govern-
ment, in a lengthy minute, their conscientious convictions against
it. The opposition to the bill was led by Mr. Eustace, and
vigorously sustained during a debate of five days, but, notwith-
standing, the second reading was carried bj' -35 to 25 votes.
The fate of the bill in the Upper House was still somewhat
doubtful. The Council had not been dissolved when Su' P.
Wodehouse sent the House of Assembly to the constituencies,
and some of the members felt themselves fettered by the hustings
pledge they had given in 1808. One of them (Mr. Fleming),
representing the eastern districts, whose opinions had altered in
favour of the change in 1871, resigned his seat, and offered him-
self for re-election, and a gentleman of Anti-Responsible views
was returned to fill his place. But, meanwhile, two of the western
members (Dr. Hiddingh and Mr. de Roubaix), influenced by the
pressure of direct appeals made to them by a number of their
supporters, intimated their intention not to ofi'er any further oppo-
sition to the settlement of the long-pending question. The
transfer of these two votes in support of the bill enabled the
government to carry the second reading by a majority of 11 to 10.
This narrow division led to a renewed struggle on the part of the
EQUALITY or EEPEESENTATIOX 275
miuority to obstruct the passing of the bill in its subsequent
course through committee ; but at length, after some twenty
divisions, the bill reached its final stage, and was read a third
time.
The manner in which the measure passed the Legislative
Council by such a bare majority, gave occasion for remonstrances
and protests on the part of its opponents, who petitioned the
Queen to withhold the Royal assent until the constituencies of the
colony had again an opportunity of declaring their opinions.
The Governor, however, congratulated himseK that he had been
spared the necessity of such another appeal to the country.
Writing to the Secretary of State, he said: "It would certainly
have involved a strange not to say absurd anomaly if I had been
compelled by the refusal of the Council to concur, to send the
members of the Assembly composing steady majorities, thrice
repeated, back to their constituencies, when they had really been
voting in accordance with the views wliich Her Majesty's Govei*n-
ment consider most beneficial for both Imperial and colonial
interests, and for a measure wliich I myself am firmly persuaded
offers the only chance of healing the difi'erences which for almost
half-a-centmy have prevailed between the east and west by pa%'ing
the way for a re-distribution of representation among the difterent
"districts, extending to them the greater powers of self-government,
which are so urgently needed, and eventually of estabUsliing a
system of Federal Union in which all the pro\inces of South
Africa shall be sooner or later embraced."
The Queen's advisers received with satisfaction the announce-
ment of the passing of the measure, and an order in Council,
declaring Her Majesty's assent to the " Act No. 1 of 1872," under
which responsible govermnent has been established in tlie
colony, was at once issued.
The new Constitution was proclaimed on the 29th November,
1872. The Governor had some weeks previously taken steps for
its inauguration. He at first invited the cliief of the old Executive
276 nisTOET
to form a Ministry, but Mr. Southey declined, stating that he saw
no prospect at that time of securing a majority in the House of
Assembly in support of such a policy as he would have felt bound
consistently and conscientiously as Prime Minister to pursue.
Mr. Porter, as the author of the Responsible Act, was then asked
to form an administration. He also declined on the score of age
and infirm health ; but recommended that Messrs. Solomon and
Molteno, who had co-operated with him in carrying the measure,
should be requested to undertake the duty conjointly. Mr.
Solomon, however, expressed his [disinclination to enter office
then, especially without Mr. Porter. The task was therefore
urged upon and imdertaken by Mr. Molteno alone ; and the con-
struction and personnel of his first Cabinet were thus described
to the Secretary of State by Sir H. Barkly : — " Retaining the
office of Colonial Secretary for himself, Mr. Molteno proposed that
that of Treasui-er should devolve upon the Honoiu'able Dr.
White, M.L.C. ; that of Attorney- General upon Mr. J. H. de
Villiers, M.L.A. ; that of Commissioner of Crown Lands and
PubUc Works on Mr. C. A. Smitli, M.L.A, ; and that of Secretary
for Native Affairs upon Mr. Charles Brownlee, who consented to
resign the Civil Commissionership of King Williams Town in
order to accept the post. Mr. D. ViUiers and Dr. White have,
like Mr. Molteno himself, long advocated responsible govern-
ment; Mr. Smith, one of its leading opponents on the ground of
the change being premature, now seeks to make the best of it as
an accomplished fact, whilst Mr. Brownlee, who has not liitherto
taken any part in politics, is well laiown to be a man of abihty,
and better acquainted with the language and customs of the
natives on tlie eastern frontier than any one else in the colony."
The transition from the one system of administration to the
other took place so imperceptibly as to be almost unnoticed. The
change, — now that the agitation and excitement of the long-sus-
tained conflict were at an end, — was at once loyally accepted by
all parties and sections in the country. The defects of the former
EESPONSIBLE GOVERNMENT 277
constitution were universally acknowleclged, and beneficial results
were hoped for from -the working of the new poUtical order, which
gave Cape colonists the full concession of " self-government," —
enabling the majority of the people through their representatives
in the Legislature, should they be dissatisfied with the administra-
tion of pubUc affairs, to obtain at once a change of men and
measures.
The Ministers forming the Cabiuet, when installed, retain office
until they find that they are unable to secure in Parhament the
requisite support of their poKcy, — or the Governor deems it his
duty to act on important questions ia opposition to then* policy
and advice, — when they give place to others, in analogy with the
practice prevailing in the United Kingdom.
" By the adoption of tliis principle," — says Sir Thomas Erskine
May, in his admirable History of Constitutional Government, —
" a colonial constitution has become the very image and reflection
of Parhamentary government in England. The Governor, like
the sovereign he represents, holds himself aloof from and superior
to parties ; and governs through constitutional advisers, who have
acquired an ascendancy in the Legislature. He leaves contending
parties to fight out then- own battles, and by admitting the stronger
party to his councils brings the Executive authority into harmony
with popular sentiments. And as the recognition of this doctrine
in England has practically transferred the supreme authority of
the State from the Crown to Parhament and the people — so in the
colonies has it wrested from the Governor and the parent state
the direction of colonial affairs. And, again, as the Crown has
gained in ease and popularity what it has lost in power — so has
the mother country in accepting to the full the principles of local
self-government, established the closest relations of amity and
confidence between herself and the colonies."
WhUe the gifts of representative and responsible government
have thus been conceded to the colony, the Crown has still the
prerogative of appointing its own Governors, and of exercising a
278 HISTORY
veto on all legislation ; it also remains the supreme fountain of
justice, to which ultimate appeals from the judicatures of the
colony are preferred ; and the Imperial Parliament holds its in-
disputable omnipotence over all jjarts of the Empire. The Crown,
however, exercises no control over any public officer, except the
Governor, the Lieutenant-Governor, and the officers commanding
the mihtary and naval forces. The direction of internal affairs,
the management of departments, and the appointment to aU public
offices, rest with the Ministers forming the Executive Council,
It would be trenching on the region of contemporary politics to
continue our narrative further, or to review in any form the history
of the Cape colony under the first Responsible Ministry, who
stUl guide the administration of public affairs. But we may be
permitted briefly to note some circumstances which have marked
the opening years of the new era upon which the country has
now entered.
The settlement of Constitutional Reform by Act No. 1 of 1872,
brought other questions, wliich had long previously been agitated
and debated, to the goal of legislative decision. The equalization
of the representation of the so-called eastern and western districts
was unanimously acquiesced in by the Wodehouse Representation
Act of 1872. The freedom of testamentary' disposition was secui'ed
by the Law of Inheritance BiU of 1874, which, without interfering
with the Roman Dutch law of community, or the laws of inherit-
ance, ab intestato, enables all persons competent to make a will to
■devise their property as they may think best. And the abolition
of State-aid to religious bodies, — persistently advocated by Mr.
Solomon, as the champion of " Voluntaryism," for nearly twenty
years, — was finally settled by the Ecclesiastical Grants BiU of
1875, which made provision for the continuance of existing
stipends during the lifetime of present incumbents, and to their
ACT OF ANNEXATION 279
successors for a period of five years, thus gradually eiTectiug the
total disconnection of the Churches and the State.
One of the first subjects which forced itself upon the attention
of the new government after entering office, was the relations of
the colony with adjacent communities. CompUcations had arisen
between the Governor, in his capacity of High Commissioner, and
the Republics of the Orange Free State and the Transvaal, chiefly
respecting territorial questions connected with the proclamation
of British Sovereignty over Griqualand West ; and it was deemed
advisable that all matters appertaining thereto should be kept
clear and distinct from the colonial administration. The state of
affairs on the Kaffi-arian Border were regarded difierently. Dis-
turbances had occurred there between tlie Kafirs and Tembus
which excited apprehensions as to the safety of the eastern frontier,
and it was considered that the influence and power of the colonial
government should be gradually extended over the tribes between
the colony and Natal, with a view to the permanent secuiity of
life and property, and the gradual spread of civilization. In
pursuance of this policy, magistrates were appointed, under the
Department of Native Affairs, to reside in the St. John's River
Territory. Their presence in the heart of Independent Kafirland
had a salutary effect, and soon tended to put a stop to the petty
wars, and to check many of the revolting heathen practices which
were wont to prevail. Some of the tribes, seeing the advantages
of the authority exercised by the magistrates, made appUcation
for the extension of British sovereignty over them. To give effect
to this desire for participation in the advantages of colonial rule,
the Government submitted resolutions, which were passed by
Parliament, for the formal incorporation of the territories of Gri-
qualand East (Adam Kok's settlement), Fingoland, the Idutywa
Reserve and Tembuland ; but the legal measures for the comple-
tion of this Act of Annexation await the necessary issue of Hor
Majesty's Order in Council.
An alteration in the mode of electing members of the Legisla-
280 HI3T0ET
tive council was another matter on which the Ministry at once
declared their policy. The subject had been mooted in 1B72,
when the House of Assembly agreed to a resolution in favour of
the change. It was considered desirable to do away with the
distinctions of eastern and western provinces, and at the same
time to render the Council more thoroughly representative of all
parts of tlie colony. Accordingly a biU was submitted altering
the Constitution Ordinance, and dividing tlie colony into seven
electoral provinces, each returning three members to the Coimcil.
It passed the Assembly, but was rejected in the Legislative
Council on a point of breach of privilege. Ministers then advised
a dissolution of both houses ; and on the assembhng of the New
Parhament, in 1874, the Seven Circles Bill was passed. Under
its provisions the following are the respective constituencies
returning members to the Upper Chamber : —
1. The western electoral province, consisting of the electoral
divisions of Cape Town, Cape Division, SteUenbosch, and
Paarl.
2. The north-western electoral province, consisting of the
electoral divisions of Worcester, Malmesbury, Piquetberg,
Namaqualand, and Clanwilliam.
3. The south-western electoral province, consisting of the
electoral divisions of Swellendam, Caledon, Eiversdale,
Oudtshoorn, and George.
4. The midland electoral province, consisting of the electoral
divisions of GraafT-Reinet, Richmond, Beaufort West and
Victoria West.
5. The south-eastern electoral province shall consist of the
electoral divisions of Port Elizabetli, Uitenhage, Graham's
Town, Albany, and Victoria East.
fi. The north - eastern electoral province, consisting of the
electoral divisions of Somerset East, Fort Beaufort,
Cradock, Colesberg, and Albert.
THE SEVEN CIECLES BILL 281
7, The eastern electoral province, consisting of the electoral
divisions of King William's Town, East London, Queen's
Town, Aliwal North, and Wodehoiise.
No other immediate constitutional change was proposed. The
report of the Federation Commission, submitting a bill for the
estabUshment of tliree provincial goverimients in the colony, had
been laid before ParUament in 1872, but it was not taken up, the
cabinet being of opinion "that sufficient time should be allowed
to test the worldng of the new form of government, and also to
enable the different constituencies to consider fully the still larger
and more important questions of Provincial Government and
Federation."
The special work to which the new administration appUed its
energies was the elaboration of measui*es designed for the develop-
ment of the internal resources of the country at large. Mr. Molteno
and liis colleagues were singularly fortunate in the possession of
the means and the opportunity of initiating this progressive policy
wliich the colony, in its sudden rebound from long-continued
depression and stagnation to unprecedented activity and prosperity,
eagerly desked. Each successive year shewed a large augmenta-
tion of the public revenue ; and a sui-plus of nearly a miUion
sterling was available to be expended on reproductive under-
takings.
Acts passed in 1872 for the purchase of tlie Cape Town and
Wellington Railway, and the Telegraphs from the EngUsh com-
panies, who had originally constructed them, under a colonial
guarantee, paved the way for the management of these works
passing into the hands of the government, by ^Yhom they might
be indefinitely extended and increased. In 1873, sui-veys of new
lines were proceeded mth as rapidly as engineers could be en-
gaged. And in 1874, bills were introduced into and passed by
Parliament for the construction of railways in different du-ections,
extending in the aggregate over 800 miles, and involving an
282 IIISTOET
estimated total outlay of =£5,000,000. One of these lines will
unite Cape To\vn and Beaufort West and the pastoral districts to
the north-west; another from Port Elizabeth will radiate to Graaff
Reinet on one hand, and Cradock and Graham's Town on the
other ; while a tliird wiU proceed from the port of East London
through the rich and densely-popuhited parts of Kaffraria to
Queen's Town, the centre of the north-east border districts. At
the same time, the electric telegraph was authorised to be carried
to almost every inland town, to the diamond fields, tlie Free State
and Natal. Bridges over the Orange River and other streams
were ordered to be constnicted. Harbour improvements were also
sanctioned. And to provide skilled labour for executing these
various extensive undertakings, an aided system of emigration
from England was established, while arrangements were made for
securing mere unskilled labourers from the crowded kraals of the
native tribes along the border.
The financial prosperity of the country during tliis time sur-
passed that of any antecedent period. From 1870, the pubUc
revenue, without any additional taxation and notwithstanding
some reductions, showed an uninterrupted annual increase. In
1871, it was £734,662, exceeding that of the previous year by
^73,720. In 1872 it was .£1,039,886. In 1873 it rose to
i£l,213,755. In 1874 it made another advance, and was upwards
of ,£1,500,000. In 1875 a still larger total was realized, namely,
i'1,602,918, leaving a surplus over the expenditure of that year
of £588,000. and, according to the latest valuations, the estimate
of the value of the fixed property in the colony for taxation pur-
poses, is £22,000,000.
" The complete restoration of the colony to prosperity," Sir
Henry Barkly has candidlj^ remarked, " took place by a sort of
poetic justice, under the old regime, which had struggled so hard
to guide it safely through its long period of adversity ; but the
change, nevertheless, did not come an hour too soon to admit of
full advantage being taken of the happier circumstances of its
FINANCIAL rKOSPEBlTI 283
present position. Experience of the new system thus inaugurated
under the most favourable auspices has as yet been brief ; but
even those who opposed its introduction most strongly would
hesitate to deny that it is worldng well, and that it has ah-eady
effected improvement in the despatch of parhamentary business,
and in the general administi'ation of the country, which promises
well for the future. A single sti'ong governing power has, in fact,
' been substituted for the dual forces of the Executive and Legisla-
ture, which were before as often as not exerted in opposite
directions, and the happiest results as regards the general progress
of tlie colony may confidently be looked for. That progress may
not be exempt from interruptions due to bad seasons, low prices,
and the like ; it will doubtless be occasionally retarded by pohtical
contests ; but, for the first time in the history of South Africa, its
inhabitants have begun to feel that its future destiny lies in their
own hands, and no temporary discouragements will prevent their
rapid and successful development of the vast natural resources of
the country."
XII.
Jfatal —Griqualand West— Confederation.
1848 to 1876.
Natal : After its Occupation by Great Britain — The Byrne Emigration
Scheme — Sir George Grey's visit — Representative Government —
The Charter and the Franchise — Commercial crisis — Supplemen-
tary Charter — Langalibalcle's disturbances — Sir Garnet Wolseley's
Mission — Amendment of the Constitution. — Gkiqualand West :
Proclamation of Sovereignty — The Diamond Mines — Riots and
Lynch-law — Constitution granted — Mr. Southey, Lieut.-Govemor
— Cafuses of Discontent — Armed Bands — Arrival of Troops —
Purchase of the Mine — Retrenchment — The Land Question —
Settlement of Disputes with the Orange Free State — Confedera-
tion : Earl Carnarvon's Proposals for Union.
Having in the preceding chapters traced the progress of the Cape
of Good Hope — the parent European settlement of South Africa.
— we now turn to the adjacent colonies and states, and take up
the dropped threads of their history.
Natal, for two or three years after its first occupation by Great
Britain, was placed under the general superintendence of the Cape
Government. This arrangement was found not to answer. The
members of the Cape Council were ignorant of the local wants of
the country, and could not satisfactorily legislate for it. In 1848,
new letters-patent were issued, revoking the authority given to
the Cape Government to make laws and ordinances for the Natal
district, and appointing the local Governor, with his executive
NATAL ATTEE OCCUPATION 285
oflScers, the Colonial Secretary, the Pubhc Prosecutor, aud the
Surveyor- General, as a Legislative coxmcil, to exercise these
powers. The Lieutenant-Governor and the Executive, however,
still continued to be subordinate to the Governor of the Cape.
The letters-patent of 1848 also directed that the organization
existing among the natives should not be disturbed, — that there
was to be neither interference with nor abrogation of any law,
custom, or usage prevailing amongst them pre\-ious to the assertion
of authority over the district, except so far as the same might be
repugnant to the general principles of humanity recognized
throughout the whole world. In pursuance of this insti-uction, in
1849, an ordinance was passed, conferring upon the Lieutenant-
Governor all the authority of a Supreme Chief over the natives,
and empowei-ing him to administer native law among them,
through officers he saw fit to appoint, such as the Secretary for
Native Affairs, the magistrates, and petty chiefs. The old tiibal
pohty of the Zulus was thus maintained within the colony. The
hereditary chiefs were looked to and held responsible for the good
order and government of the people. The locations they occupied
were regarded as the property of the tribe. No individual settle-
ment on the soil, — no general mixing as employers and employed
with the white population, — and no recognition of the common
laws and institutions of tlae colony were insisted upon. They were
left, as far as the government was concerned, to grow up as a
pagan community.
The necessity for strengthening the European population be-
came apparent. The thinness of the scattered whites, and tlie
vast numbers of the interspersed natives, constituted the weakness
and danger of the colony. Sir Harry Smith's mission, as High
Commissioner, in 1848. and Ms generous offers to do justice to tlie
original conquerors of the soil, had failed to retain any very large
number of the emigrant Boers. Efforts were then made to direct
attention to the suitableness of the countrj" as a field for British
emigration. A gentleman, named Byrne, who had visited it in
286 HISTOEY
1843-44, formed a scheme for the introduction of settlers, engaging
to furnish a steerage passage, with twenty acres of land after
arrival, for the sum of ^10 per statute adult. He travelled about
England, delivering lectm'es on emigration, and especially on the
advantages Natal presented to men of small capital. The result
was that, in 1849-50, upwards of 2,400 souls were landed in tlie
colony. The expectations of many of them were sadly disap-
pointed. The twenty-acre settlements were not in general suited
or sufficient for cultivation. There was no accommodation for the
emigrants on arrival, and several families, unable to reach the
lands for which they had paid, were obliged to live in tents or
miserable huts. Those who could eana a livelihood otherwise
than by agriculture, abandoned tlieir settlements, and took to
trades and other occupations. After the first vicissitudes of their
pioneer life had passed, however, many successfullv estabUshed
themselves in the land of their adoption, becoming in course of
time thriving colonists, the possessors of comfortable houses and
valuable properties. Crude and ill-managed as the Byrne emigra-
tion scheme imdoubtedly was, it contributed to set in motion
towards South Africa some portion of the sti-eam of European
life which was flowing to other lands. The capabilities of Natal
were thus developed, and it was proved that sugar, coffee, arrow-
root, and other inter-tropical products could be profitably cultivated
over a considerable extent of its coast lands.
On the death of the first Lieut.-Govemor, Mr. West, in 1849,
the administration for a short time devolved upon Lieut.-Col. Boys,
but in 1850 Mr. Pine (now Sir B. C. C. Pine) was appointed to the
office. The colony was then divided into six coimties, each having
local councUs for the management of district affairs ; and in the
two chief towns, Pietermaritzburg and Durban, municipal corpo-
rations were established.
In 1855, Sir G. Grey, as High Commissioner, visited the settle-
ment. He was directed by the Secretary of State to enquire into
and report upon two subjects, — one, the removal of a portion of the
KErnESENTATIYE OOVERNMEXT FOE NATAL 287
native population; the other, the introduction of representative
government,
Mr. Shepstone, the Secretary for Native Affairs, had submitted
a plan to relieve Natal of its native difficulty, by drawing oflf half
of its increasing Zulu population into the unoccupied territory
south-west of the colony, near the St. John's Eiver. There he
proposed to establish rule over them, and as their Chief to govern
them according to the principles of their own laws and customs,
so modified from time to time as gradually to ameliorate their
condition. He asked the British Government to guarantee the
territory he was to occupy against foreign aggression and against
its own subjects, and to give him the right of raising and appro-
priating such revenues as he might tliink sufficient for his own
support, and for carrying on the government of the country. The
scheme did not find favour with Sir George Grey. His Excellency
thought it was most undesirable, under any cu-cmnstances, to
collect ordinary barbarians in such large masses. To place them
as an isolated race, subject to no civiUzing influences, immediately
in the neighbourhood of the Kafir tribes with whom the Cape
colony had been so constantly engaged in wars, would be to
imperil the safety of the eastern frontier, as well as the neigh-
bouring Orange Free State. He therefore gave directions that
neither directly nor indirectly should any encouragement be given
to the measure ; and his policy m so doing was approved of by
the Secretary of State.
The proposition for granting representative institutions to Natal
originated with Mr. Pine, who urged that with a singulai-ly popular
constitution at the Cape, and with free republics on its borders,
it was impossible to delay a change in the legislative body, and
the sooner it was conceded the more moderate and safe might its
character be made. Sir George Grey, after acquainting himself
with the wishes of the inhabitants, whom he found peculiarly dis-
tinguished by " intelligence and prudence," recommended that a
representative Legislative council should be given to them. The
288 HISTOET
European population at this time was stated at 8,500. His
Excellency, in describing its composition, said, "Amongst those
who have arrived from Great Britain, are included a considerable
number of English gentlemen, of good education, of great intelli-
gence, and who have now had much experience in Natal. With
a considerable acquaintance with British colonies, I should say
that, in the character of its European population, in proportion to
their total number, Natal might, with no disadvantage to itself, be
compared -with any other colony. The immigrants from the Cape
contain amongst tliem many most intelligent men, acquainted for
years with South Africa, its varied population, its diversified
interests. South Africa is theii* home, has been that of their
forefathers ; its prosperity and welfare constitute theirs, and will
constitute that of tlieir children and cliildren's children. A
Eui'opean population thus composed, ought, I think, to have a
voice in the government of their country. No Governor could feel
otherwise than glad, in being able to avail himself of such experi-
ence in legislating for the colony.
Another question of importance dealt mth by Sir George Grey
was the occupation and disposal of lands. To encoui'age tlie
settlement of a numerous white population, he recommended the
adoption of a measure for granting lands to eligible apphcants on
condition of a yearly quit-rent, and upon tenns of occupation and
miUtaay service, similar to those originally adopted by Sir George
Cathcart on the formation of the Queen's Town division, in the
Cape colony. The quit-rents, it was proposed, should form a
fund for introducing immigrants on the aided system. The plan
was put in operation for a few years, but was afterwards discon-
tinued, as it tended to land-jobbing and speculation, instead of
industrious settlement.
In 185G, Mr. John Scott was appointed Lieutenant-Governor in
succession to Mr. Pine, and to him was assigned the duty of
inaugurating the new Constitution which Her Majesty had granted
— creating Natal a separate colony, with a Lieutenant-Governor
COMMERCIAL CRISIS 289
and Executive Council, and, in addition, a Legislative Council,
consisting of twelve elective members, and four non-elective
Executive officers. The qualification for an elected member was
that he should be a regularly-registered elector, — the rate of fi-an-
chise to qualify an elector being the possession of immoveable
property to the value of .£50, or the payment of a yearly rental of
i£10. Subsequently, in 1865, natives subject to the operations of
native laws were declared to be disqualified from exercising the
franchise ; but special provision was made, that every male
native, who for seven years has been exempt fi.'om native laws,
customs, and usages, and who obtains a certificate to that efi'ect
from the Lieutenant-Governor, and possesses the immoveable
property qualification, shall be entitled to be registered as an
elector, and to vote. These requu-ements stUl form the electoral
law of Natal.
Governor Scott's term of office continued fi'om the close of 1850
to 1864. It was distinguished by a political conflict between the
colonists and the government on the subject of the issue of tiibal
titles to the location lands ; which was settled by the trusteeship
being vested solely in the Crown, instead of in a mixed trust of
native chiefs and nominee officers, as first recommended by Mr.
Scott. During these years, however, the colony enjoyed a con-
siderable degree of prosperitj' and made marked progress.
Lnmigration was encouraged. Private enterprise engaged in the
new industries of sugar, coffee, and cotton-growing ; and as the
irregular and unskilled native laboiu- could not be relied upon for
the success of these undertakings, coolies were introduced fi'om
India. The prospects of Natal were cousiuered good ; and through
the formation of various joint-stock associations, foreign capital
and credit were introduced and liberally made use of. In 1865,
the face of afiairs changed. Many of these enterprises failed to
reaUze the expectations with which they had been set on foot, and
were discontinued or carried on at a loss. A commercial crisis
had to be passed through, the public revenue declined, and the
community generally were for a time reduced to a state of distress.
290 HISTOKT
Colonel Maclean succeeded Mr. Scott in the government, but lie
soon succumbed to ill-Iiealth, and his place was temporarily filled
by Colonel Bisset, as administrator, until in 1867, Mr. Keate was
appointed Lieutenant-Governor. Soon afterwards the Executive
and the Legislative Council got into colHsion. The representative
members in Natal, as in the Cape colony, found that they had no
control whatever over the administration. In 1869 matters came
to a crisis. The Legislative Council rejected the Governor's
estimates, and substituted one of their own, at the same time
setting forth two principles which they strongly urged, — that
there should be a reduction of expenditure on establishments, and
that the taxation of natives should be increased. The natives
were only subject to a hut- tax of V, being equal to 2s. 3fd. per
head, while the Coiincil proposed they should be called upon to
pay at least 4s. per head. Earl Granville was Secretary of State
when this deadlock occm-red. He gave his opinion :— " Consider-
ing that the natives owe their security and well-being to the
British Government, I think that they be fairly called on to pay
not only expenses which tlieir presence in British territory
involves, but also some equivalent for the advantages which they
receive. But it would be shortsighted to impose on them such
burdens as would materially check tlieir progi-ess in physical
prosperity ; and it is important to observe that the expense caused
by their presence is at present defrayed for the most part by the
Imperial Treasuiy." His Lordship then suggested that eflective
cooperation between the Legislature and the Executive would be
best restored by adding two members of the Legislature to tlie
Executive Council, — which he authorised by dispatch of Decem-
ber 6, 18()9, — and by appointing a commission to enquire into and
report upon the existing estabhshments of the colony.
After this commission had reported, a final decision of the
long-vexed dispute was come to by Earl Granville's successor,
Earl Ivimburley, who advised 1 lor Majesty to issue a supplementary
charter, increasing the annual reserved civil list at the disposal of
SUPPLEMENTARY CHARTER 291
the Crown from ^8,750 to £40,000. In communicating tins
amendment of the charter, the Secretary of State remarked that
it was a most difficult problem how to frame a colonial constitu-
tion so as to admit the people through their elected representatives
to a sensible share in the control of affahs without extending to
them the more complete power which accompanies responsible
government. " Her Majesty's Government," he said, " are
generally favourable to the system of responsible government
when the colonists are able to take upon themselves the whole
burden of self-government, and when there are a sufficient number
of Europeans to warrant its introduction. They have shown
this in the case of the colony of the Cape of Good Hope, where
they believe that responsible government would be preferable to
the continuance of the existing institutions. But, in the case of
Natal, where a handful of white settlers is surrounded by a warlike
population, it is obvious that th'e objections to responsible govex*n-
ment are of the most serious character. Whether if at any future
time a confederation should be formed of the various European
communities in South Africa, it might be practicable to place
Natal under a responsible general government of such a confe-
deration, is a question which I need not here consider. But as
long as Natal remains a separate community, and Her Majesty's
government are responsible for the i^rotection of the colony against
internal disorder, and for the government of the large and in-
creasing native population, the Crown must have secured to it the
simis necessary for carrying on the essential business of the
administration ."
Mr.Musgrave was appointed Lt.-Governor in 1872; but he shortly
afterwards was promoted to South AustraHa, and the office was again
filled by Sir Benjamin Pine, who had administered the affairs of the
settlement eighteen years before, and who was heartUy welcomed
by the old colonists. He was empowered to carry out a further
amendment of the constitution by adding three new elective
members to the Legislative Council, and one new official member
292 HISTORY
to the Executive Council. The aspirations of the people, however,
were for the full introduction of responsible government ; and a
bill in favour of its adoption was carried through the Legislature
in 1874 ; but the Lieutenant-Governor refused to signify his assent
to it, as the measure had only passed in consequence of the
Speaker's improper ruling that the official members were dis-
qualified to vote on the question on the ground of personal interest
in it.
At this time, an occurrence took place which brought the whole
political condition of Natal, and the system of native administra-
tion, prominently into the foreground of Imperial as well as
South African politics.
Langalebaleli, the chief of one of the Zulu tribes who, in the
year 1848, had sought refuge in the colony from Panda, was
charged with the ofl'ence of refusing to comply with the law,
requiring the registration of all guns in the possession of his
people. He had been repeatedly summoned to answer for his
conduct before the magistrate or the Secretary for Native Affairs
himself; but appai'ently apprehensive of the consequences he
made various excuses, and declined to obey the summons. This
was regai'ded as an act of contumacy which could not be over-
looked by the Government. On one or two occasions previously,
in the history of the colony, it had been found necessary to
chastise powerful chiefs for similar offences, in each case the
tribes being dispersed, the chiefs outlawed, and theii* property
confiscated. As Langalebaleli, by refusing to answer the summons
served upon him, had placed himself in an attitude of rebellion,
the Lieutenant-General in Council determined to send a
volunteer force to require his submission, and to invest tlie
country at the base of the Drakeusberg, occupied by his tribe.
A portion of this force, under command of Major Durnford, R.E.,
on arriving at the Bushman's Eiver Pass found a number of the
tribe, under one of Langalebaleli's head-men, moving their
cattle across the border towai-ds the Orange River. The force;
lAKGALEBALEH's DISTUEBANCES 293
was directed to fire only as a last resort. While holding a parley,
the number of natives increased ; orders were then given to the
volunteer force to retu-e, when they were suddenly firod upon,
and five of them were killed — three Europeans, Messrs. Bond,
Potterill, and Erskine (the latter a son of Major Erskine the
Colonial Secretary), a native intrepreter, named Ehjah Kambule,
and a Basuto guide. Langalebaleli, was in advance with another
portion of the tribe, fled with his follows into Basutoland,
counting upon the support and sympathy of some of the natives
there ; but the Cape Government having been advised of their
retreat in that direction, the frontier mounted police, and the
British agents in Independent Kafirland and Basutoland, with
several loyal native allies, made a combined movement which
resulted in the arrest of the chief, his sons, his counsellors and
his people, with 5,000 head of cattle, by Mr. Griffiths the
Governor's agent in the Basutoland settlement. Tliis united
action of the forces from the Cape Colony, Kaffraria, Basutoland
and Natal created a good impression, and a wholesome awe of
British power among the native tribes generally.
Langalebaleli was taken back to Natal and put upon his trial
before a Court composed of the Lieutenant-Governor, sitting as
supreme chief, the Secretary for Native Aflfairs, certain magis-
trates, native chiefs, and their "Indunas" or head-men. The
Constitution and proceedings of the Court were pecuhar, being a
combination of civilized and savage law and procedure. The
prisoner, who was without the assistance of counsel, was found
gaiilty of the indictment brought against him, and sentenced to
banishment or transportation for life. This sentence was con-
firmed upon appeal to the Lieutenant-Governor in Council, and
it was carried into effect by the prisoner being convej-ed to
Robben Island in Table Bay; the Cape Government, at the
solicitation of Natal, having passed an Act for the purpose
of authorising his confinement there. In the meantime
Langalcbaleli's tribe, the Amahlubi, and a neighbouring tribe.
294 HISTOET
the Putile, associated with them were "broken up," and their
lauds taken from them.
The Earl of Carnarvon was Secretary of State, when the
despatches communicating these circumstances reached England.
He regarded the so-called rebelhon as a disturbance, which a few
policeman would have eii'ectually dealt with, and the subsequent
judicial proceedings as most irregular. He, therefore, advised
the Queen that the sentence passed upon Langalebaleli should
be mitigated ; and Her Majesty directed both the chief and his
son to be removed, from Eobben Island to a location set apart for
them on the mainland in the Cape Colony, but under strong
restrictions against liis re-entering Natal, and that the remnant
of the dispersed tribes, especially the public, should be restored
to their former privileges, and enabled by every possible means
to re-estabUsh themselves in settled occupations. Nor was tliis
all. A radical change in the Natal Government followed; Sir
Benjamin Pine was recalled, and Major-General — Su- Gai'net
Wolseley — was sent out as administrator to investigate, and
report generally upon what would tend to good government to
the futiu'e security of life and property, amongst the European
settlers, and to the maintenance of law, order and justice,
among the Kafir population.
Sir Garnet Wolseley had a special mission, and it was quickly
performed. Aided by a staff of able mihtary officers who had
been with liim throughout the Ashantee War; Colonel Colley,
Major Brackenbury, Major Butler, and Captain Lord Gifford,*
he enquired into eveiy matter relating to the affairs of the
colony, and personally inspected its towns and districts and wild
native locations, thus thoreughly acquainting himself with the
various questions to be dealt with. As a result of his observations
he deprecated,' in the strongest terms, the proposed return of
• In addition to las staff. Sir Garnet was accompanied by Mr. F. Napier
Broome, apjiointtd to fill llie post of permanent Coloniiil Secretary, in succession
to Major Krbkiiie, retired.
SIE GABNET WOLSELET'S MISSION i>95
/
Langalebaleli to the colony, and also the sensational •stories
which found circulation at home, respecting the treatment of
natives by Europeans. In a despatch to Earl Carnarvon he
said : — " These sensational narratives, oftentimes based upon
unsifted evidence, find credence too readily by the people of
England when in oiu- intense anxiety to protect the weaker race,
our minds are liable to believe that the strongest must always be
in the wrong In a new colony like this there will
always be found some rough, cruel men who, previous to
emigrating, have never had servants of theu* own, nor the
dii'ection of labourers, and are apt to oppress and to act unfairly
towards the natives ; but that these men are exceptions is clearly
proved, by the constant flow of natives into Natal from the
neighbouring independent provinces, and by the wealth and
prosperity of those long settled in the colony. The natives
of Natal are well-off, in every sense, and although many circum-
stances combine to prevent the spread of Christianity or of
civilization amongst them, there can be no doubt, as a people,
they are to-day far in advance of those not living under British
rule. I have thought it ad-s-isable to enter into this subject at
length, because I consider it essential to correct opinions that
have been foirmed in England upon the one-sided, highly-coloured,
and, in some instances, incorrect statements that have been made
public, in a sensational manner, and to show —
" (1.) That the government of the Kafirs here has been suc-
cessful, and that under it — whilst all their customs most
repulsive to humanity have been abolished, and wliilst to a
limited extent they have acquired the first elements of ci\iUza-
tion — they have become a happy, wealthy, and prosperous
community.
" (2.) That in reality the Kafirs are in numbers, not only vastly
superior to the white settlers, and that they are capable of
becoming a very dangerous element in the colony.
" (3.) That to retain Natal as a European colony it is essential
296 HISTOET
to rule tlie Kafirs, not only with justice, but with the utmost
firmness, and to make tliem believe in our strength."
A change in the Constitution of the colony was the principal
political task wliich Sir Garnet undertook to perform. The pro-
posals for responsible government which the colonists had
supported in the previous year were considered to be out of the
question. The Secretary of State intimated that they could not
be entertained in presence of the native difficulty wliich had arisen.
The administrator therefore urged that the power of the Executive
in the Legislature should be increased by the creation of ten
nominee members. Only by this means would internal security
be firmly established ; and not imtil the outside world believed
that life was secure and property safe from the fluctuations of
panic, would the white settlers seek within the colony a home, or
the English capitalist give his money to promote those under-
takings without which all the natm-al wealth of the soil must lie
fallow and useless. " Her Majesty's Ministers," he said, " are
keenly desirous of seeing the extension of free institutions
throughout everj' portion of the British Dominions, and are most
anxious to hasten the time when tliis colony, resting upon a basis
of permanent security, shall be in a position to take upon itself
the responsibilities attendant upon self-government, but they are
also convinced that the mother comitry cannot either cast herself
loose from the obligation of affording protection to her o\mi children
settled amid a vast native population, or forget that the presence
of that native population carries with it the grave responsibihties
inseparable from the government of a mixed community."
The bill for strengtliening the Government, introduced by his
Excellency into the Council upon its meeting in May, 1875, called
forth a strong expression of public feeling. It was felt that the
elective members of the Council had done nothing to deserve such
an expression of want of confidence, and that the native disturb-
ances which had occurred was altogetlier owing to the action of
the Executive. But the poUtical conflict was smoothed down by
AMENDMENT OF THE COXSTlTlTIoX 207
the bland and pacifying influences of the profuse liospitalities
exercised by Sir Garnet and liis distinguished staff'. After a
debate in the Council, continued over three lengthened sittings,
the second reading of the bill was canded by a majority of two ;
the ayes being the five officials and live of the coast members,
Messrs. Polkinghorne, Aiken, Saunders, Hunt, and Field — ten ;
the noes, eight, — Messrs. Robinson (Durban Borough i, J. N. and
J. C. BoshofF, Eidley, Winter, Akei'man, Allen and King. In
committee, some considerable alterations were made, which the
Council adopted. The number af nominees was reduced fi-om
ten to eight, all officials being excluded, and the selection of the
nominees restricted to names which had been on the Voter's Roll
for two years, with a property qualification of ^£1000 free of all
encumbrances. It was also provided that all taxation of the white
population shall require a two-thirds vote ; and the operation of
the bill was hmited to five years. Under this la\v, which came
into force in 1875, the Legislature now consists of five executive
officers, eight nominee members, and fifteen elected members.
Within the short period of five months Sir Garnet Wolseley's
mission was completed ; and in August, 1875, he was succeeded
by the present Lieutenant-Governor, Sir Henry Ernest Bulvver.
The enlarged Legislative Council was soon afterwards summoned
to meet, to consider two important measm'es submitted for its con-
sideration — one, an amended law for the administration of native
affairs ; the other relating to the construction of railways from
the port to the upland districts.
The Native Administration Bill was the result of Earl Carnar-
von's consideration of the circumstances of the colony, after
consultation with Sir T. Shcpstone. It considerably modifies the
Ordinance passed in 1849. It provides for the appointment of
salaried officers of European descent to guide and control the
several native locations, and by their presence and personal
example to detach the people from then- dependence upon here-
ditary chiefs. Under it, all native crimes except those of a political
298 HISTOEY
character are to be tried in the ordinary courts ; and civil cases,
divorce, and other special cases are to come under the jui'isdiction
of a Native High Court, of which Mr. John Ayhff, formerly a
member of the Executive, has been constituted the Judge. By
these changes the large native population will be brought more
under the humanizing influences of civilized law and civilized
life ; and by such means, and the promotion of education and the
eucoui-agement of useful and industrial pursuits amongst them,
they may gi-adually be improved and raised to the full enjoyment
of the privileges of intelligent citizenship.
The necessity of railway communication had been recognised
in the colony for many years. It was felt that the absence of
economical means of transport materially retarded the develop-
ment of its resources and the expansion of its trade beyond its
borders. The Legislature, in several sessions, had proposed
various schemes, which, however, fell through from one cause or
another. The last of these schemes had been passed in 1874 ;
but it was disallowed by Her Majesty's Government, on the
ground that it made over a portion of the waste lands of the colony
to a gi-eat joint stock company, tlius placing in then* hands the
power of claiming eviction therefrom of the native j)opulation.
Earl Carnarvon, however, shewed his appreciation of the import-
ance and urgency of railway works, and his deshe to advance the
interests of Natal, by at once authorizing the Crown agents to
enter into a provisional contract Avith well knoAvn EngUsh con-
tractors for the completion of 104 miles,— namely, from Diu-ban
te Pietermaritzburg, from Durban to Verulam, and from Dui'ban
to the Izipingo. The contract was soon afterwards accepted and
confirmed by the Legislative Council of the colony, and a loan of
.£1,200,000 authorized for the execution of these undertakings.
Sir Henry Bulwer, in turning the first sod of the railways,
now in course of construction, — in the initiation of an improved
native policy, — and in devising measures, in conjunction with the
proprietors of land, to colonize and cultivate the waste spaces
GBIQTJALAKD WEST 299
which here and there still form a wilderness in the very heart of
the colony, — has inaugurated a new era in the history of Natal.
Geiqualand West (emhracing the Diamond Fields) is the
youngest of Her Majesty's possessions in South Africa. It was
created British territory hy a proclamation issued by Sir Henry
Barkly on the 27th October, 1871. The proclamation set forth
that the Griqua chief Waterboer had petitioned on behalf of
himself and his people to be accepted as British subjects, and
their territory to be British territory. It declared that Her
Majesty had been pleased to signify her assent to this prayer'
and to authorise the High Commissioner to receive the Griquas
into allegiance, conditionally on the Cape colony consenting that
the territory should become part of the colony, and undertaliing
to provide for the government and defence thereof. It went on
to recite certain resolutions adopted by the two Houses of Parlia-
ment of the colony in August, 1871, expressing the opinion that,
pending the adjustment of disputes regarding the boundaries and
the passing of a law for the examination of the territory, the
Governor of the colony should be requested to take measures for
the maintenance of order, the collection of revenue, and the
administration of justice ; and it affinned the necessity of assuming
sovereign jurisdiction before these requests could be complied
with. It then alluded to the existing disputes ns to boundai'ies,
stating that in consequence of the refusal of the President of the
Orange Free State to agree to terms of arbitration, the High Com-
missioner was obliged in Her Majesty's name to determine the
boundary Hne on the best evidence procurable.
The Government of the territory was vested in three Commis-
sioners, — Mr. John Campbell, Special Magistrate, Commandant
Bowker, of the Frontier Mounted Pohce, and Advocate Thorap-
300 HISTORY
son, Public Prosecutor ; while a High Court was created under
tlie presidency of Advocate J. D. Barry, as Recorder.
At this time a great change had occurred in the condition ol
things at the diamond-fields. The miscellaneous population
which first crowded the banks of the Vaal River in 1870, in the
search for diamonds found that the precious gems existed not
only in the alluvial drift of the river-bed, but in the undulating
grassy country between the Vaal and the Modder Rivers, on
farms bearing the names of Du Toits Pan, Bultfontein and De
Beer's. The river banks were soon deserted for these places.
One of them, now known as the Kimberley Mine, proved im-
mensely rich. The first diamond was picked up there in June
1871, under the roots of an old thorn tree, which then crowned a
grassy knoU some ten acres in extent. The ground was imme-
diately divided into claims, and from continued excavations the
place has since assumed its original natural form of a circular
crater or fimnel, reaching in its lowest depths to 200 and 300 feet,
in every part honey-combed with pits formed by the diggers carry-
ing oft" the soil from each claim to be washed and sorted. The
diamonds dug out of this mine have been estimated to amount in
value to ten millions of pounds sterling. No other spot as small
in the whole world has yielded so much wealth.*
The proprietors of the farms on which the mines of De Beer's
and Du Toit's Pau were situate, held their titles to the property
from the Orange Free State Government. The ofl&cials of the
RepubUc accordingly exercised authority there in 1871. Its
Volksraad passed special laws to meet the wishes and the cir-
• Furtlior changes have tnkcn place duiinfc the last year or two in the working
of the Kimberley mine. In 1872, SLr Henry l?arkly truly described the .scene aa
a " vagt human ant-hill siirginfj at his feet " with a gossamer web of ropea and
wires f^tretching overhead, along which the buckets laden with soil from the
claims were earned. "Now" (says the Diamond Kew.i) "the whiz-z-z of the
Imckets is missed, the monotonous chanting of the Kafir.s on the top of the staging
ia also a thing of the past, and in their stead we have horse and steam power.
Everywhere gigantic undertakings, money and steam i)0wnr are forcing indivi-
dual diggers, whims, windlasses, wooden tubs and hide buckets out of the great
race for wealth, relegating tliem to the other mines or where they will."
DIAMOND MINES 301
cumstances of the community, and its magistrates administered
justice in a rougli and ready way suited to many of the diggers.
But the population was daily augmenting, and the majority of
them being British subjects, interested in the protection of pro
perty they had acquired, urged Sir Henry Barkly to the course
he adopted of proclaiming British Sovereignty over tlie country.
The Government of the Orange Free State, to prevent any col-
lision, at once withdrew its officers, but protested against the
High Commissioner's proceedings as an encroachment upon a
portion of its territory, and a violation of the articles of the con-
vention of 1854, by which the independence of the Republic had
been acknowledged.
The executive authority exercised by the three Commissioners
appointed by Sir Henry Barkly was not very successful. The
diggers soon complained that discipline was not maintained
among the bands of natives who were pouring in from all parts
of the interior, seeking employment as labourers. They also
complained that permission was given to coloured persons to dig
for diamonds, thus opening the door for stealing and illicit traffic
— the natives working in the claims being exposed to pecuhar
temptations, and in some cases encouraged by unscrupulous
traders, to secret and surreptitiously dispose of valuable stones
foimd in tlieir master's claims. Excited by these feeUngs, a
" raid " was made upon one or two low-class Europeans, keepers
of canteens, who were suspected of being implicated in the ne-
farious traffic, of receiving diamonds in exchange for liquor, or
for sums far below their value. The mob proceeded to bum
their canvass shanties, and destroy their goods. This disposition
to exercise lynch-law was only restrained by tlie Executive Com-
missioners agreeing to make certain concessions to the diggers
— one of them being the issue of a proclamation suspending the
licences held by coloured persons. Against this coui-se, however,
the Public Prosecutor, Mi-. Thompson, entered his protest Sir
Henry Barkly, as the Queen's Representative, also declined to
302 HISTOET
approve or confirm tlie proclamation, wliich was immediately
revoked.
His Excellency, who was at Cape Town, lost no time in pro
ceeding to the fields, and there placed himself in communication
with deputations representing the digging communit}'. They
.submitted their grievances on the whole in a rational and moderate
spirit — among others stating their objection to the existing system
of administration by the Commissionei'S, and expressing a desire
for an independent form of government. Before Sir H. Barkly
left Griqualand West, he intimated his readiness to recommend
to Eail Kimberley that the province should be placed under a
Lieutenant-Governor, aided by a Legislative Council such as that
of Natal, consisting partly of oflScials and partly of elective mem-
bers.
The reasons which induced Sir H. Barldy to suggest tliis al-
teration w-ere vaiious. The prospect of coming to an arrange-
ment with the Orange Free State Government for arbitration on
the boundary question seemed as distant as ever. The annexa-
tion of the territory by the Cape Parliament, while these boun-
dary disputes were unsettled, was equally remote. The unsuc-
cessful working of the divided responsibility of the Executive
Commission, and the impracticability of supervising aff"airs from
head quarters at Cape To\\'n, rendered it expedient tliat a quali-
fied administrator should be on the spot to act with promptness
and decision in any unforeseen or extraordinary ckcumstances
which might arise among the mass of men there gathered together
from all parts of the world.
Mr. Southey was requested to take, and he agreed to accept,
the ofiice of Lieutenant-Governor of the Province. In conse-
quence of the change in the form of government in the Cape
Colony at the close of 1872, he had retired from the Colonial
Secretaryship with a pension of .£1200 a yeai-, and a special mark
of distinction from the Crown for his varied and meritorious ser-
vices extending from the outbreak of the Kafir war in 1834 to this
LIEUT-QOVEENOE SOTTTUEY 303
time. His appointment was approved of by all parties in the
colony and hailed with satisfaction in Griqualaud West. Soon
afterwards, in accordance with Sir Henry Barkly's representa-
tions to Eaii Kimberle\% letters-patent were issued by Her
Majesty, dated 7th February, 1873, creating the ten-itory a
separate province, with a Lieutenant-Governor (subordinate to
the Governor of tlie Cape Colony), an Executive Council, and a
Legislative Council, composed of four non-elective and four elec-
tive members, to make laws for the peace, order and good govern-
ment of tlie province. The Council met for the first time in
December, 1873. Its constitution unfortunately was unpopular.
The permanent majority provided to the Executive by the casting
vote of the Lieutenant-Governor, failed to meet the expectations
of those who had relied upon the High Commissioner's promise
of a representative Legislature after the model of that then in
existence in Natal.
Other circumstances contributed to this element of discontent.
The cost of Government was chiefly borne by the white popula-
tion, which numbered about 15,000. The revenue was gathered
almost exclusively from trade sources, diggers' licences, fees for
the registration of natives, heavy trade licences, stamp duties,
and the like. As long as diamonds were plentiful and prices
high, the tide of affairs flowed pleasantly enough ; but when the
field of the mine was interrupted by landshps or floods, or trade
was overdone and the general prosperity in any way checked,
discontent was loudly expressed, and the Government was
declared to be too costly and unsuited to the circumstances of the
people. Mass meetings of the diggers were held, and a memorial
drawn up, praying for a Royal Commission of enquiry to be ap-
pointed. Among the grievances enumerated by the petitioners
was the delay in the settlement of the land question. This delay
partly arose from the pending boundary disputes, and also from
the necessity for a survey of the lauds ; but even when surveyed,
a number of claims from the Griquas and other natives, or their
304 msTOKT
agents, as well as from squatters and from land speculators had
to be adjudicated upon. Another cause of dissatisfaction was
the uncertainty as to the tenui'e of the " claims," and the rent
chai'ges for business stands on the ground in the vicinity of the
mines. The farm on which the principal mine and township of
Kimberley stood had been purchased in 1871, for its Boer owner,
for £6,000. It then passed into the hands of a company, who
endeavoured to make the most of their property, charging rents
for the j)lots of ground occupied by the diggers, and for grazing,
wood, water and other privileges. An attempt to enforce pay-
ment of rent or to eject occupiers from the land, led to threats of
resistance. Armed bands were organised, under the auspices of
a Diggers' Protection Association ; and in a frenzy of excitement
they set the law and the executive at defiance. At this crisis,
the constabulary at the disposal of the local government was
unequal to cope with any serious outbreak, and Mr. Southey
applied to Sir Henry Barkly for a military force to support his
authority and awe the disaffected. In consequence of this deplor-
able state of affairs, a body of troops, consisting of 250 men of the
24th regiment, 40 mounted infantry, and two 6-pounder Armstrong
guns, were dispatched h-om Cape Town under the personal super-
intendence of the commander of the forces, Lieut.-General Sir A.
Cunnynghame. The mere announcement of this military move-
ment quickly restored good order on the fields. The troops on
their arrival at Kimberley were received most loyally and cor-
dially by the inliabitants, who extended hospitalities both to
officers and men. Mr. Southey then issued a proclamation grant-
ing an annesty to all except six of the persons alleged to have
been assembled under ai-ms to resist the execution of the law.
The six exempted, being the ringleaders, were arranged on
charges of sedition, conspiracy and riot. Three of them pleaded
guilty to liaving assembled in anus, and were discharged by the
Recorder on entering into recognizances to come up for sentence
if called upon within six months. The other three stood their
PUECHASE OF THE MINE 305
trial and were acquitted by a jury. Following upon this there
was a reaction in favour of the government among the mining
community, who, as a body, disapproved of carrying measures to
the violent extreme which the leaders of the armed band had
done.
To put a stop to the existing difficulties with respect to the pro-
prietor's rights, Mr. Southey urged the pm-chase by the Crown
of the farm on which the Kimberley mine was situated. This
was finally carried out by Sir H. Barkly, with the sanction of
Her Majesty's advisers, in 1875 — the proprietors receiving, as a
purchase amount, i'100,000 in debentures bearing interest at the
rate of 6 per cent, per annum.
The occurrences at Kimberley led to a re-consideration, by the
Secretary of State, of the whole circumstances of the province.
Its financial condition was unsatisfactory. The expenditure was
greater than the revenue, and the expense of moving the troops
had added £10,000 to the general debt. Earl Carnarvon consi-
dered that the civil establishments created were more costly than
was necessary for the simple requirement of so small a commu-
nity. He therefore resolved with an unsparing hand to cut down
at once every possible expense, rather than subject the people to
an unnecessary load of taxation. The first step in his scheme
of retrenchment, was the retirement of Mr. Southey, the Lieut. -
Governor, and of Mr. Currey, the Secretary to Goverament, and
the appointment in their place of Major Lanyon as Administrator.
At the same time Col. Crossman, R.E. was sent out as a Special
Commissioner to report upon the finances, the crown lands ques-
tion, and the whole system of administration.
Since then a court has been estabUshed to adjudicate upon all
claims to land witliin the province. Advocate Andries Stocken-
strom, of the Cape Bar, was appointed Special Judge of this
tribunal. His decision on the various claims presented was
given in March and May, 1876. Out of 1,678 appUcatious for
land which were brought before him, 297 were provisionally
306 HISTOET
allowed ; 706 disallowed ; 14 witlidrawn ; 15 absolved from the
instance; 211 were made absolute; appeals were made in 163
cases ; and other applications were made on account of services
rendered, with which the couii could not deal. In giving judg-
ment upon the native claims brought before him, Mr. Stocken-
strom stated, as the conclusion of his historical investigations,
upon which he based his decisions, that the rights of the nomadic
and semi-nomadic tribes in the territory were co-exteusive only
with their power to occupy and retain possession of the soil ; that
the chiefs were chiefs over tribes, not over territories, and as such
merely exercised personal jurisdiction over their followers,—
territorial jmisdiction being a thing unknown to them.
The long standing and serious dispute between the High Com-
missioner and the Orange Free State respecting the eastern
boundary of the province has also been amicably settled. By
direct negotiation between Earl Carnarvon, as Her Majesty's
representative, and His Honour President Brand, which took
place in London, in July, 1876, the matter was finally adjusted
by a payment to the Orange Free State of £90,000, and a fiu-ther
payment of £16,000 was assured in the event of the State con-
structing a Une of railway in connection Avith any of the colonial
railways, which will be an advantage poUtically and materially to
Griqualand West.
This satisfactoiy solution of the boundary question having been
arrived at, the Cape Government has undertaken to fulfil its
obHgation, by recommending to the Parliament the incorporation
of Griqualand West as an integral part of the Cape colony.
South African affairs were the great perplexity of the British
Colonial Department when Earl Carnarvon took office as Secre-
tary of State, in l^li. The troubles connected with the acquisi-
CONFEDEEATION 307
tion of the Griqualaud West territory, the repudiation of tlie
Keate award by the South African Republic, and tlie Laugahbaleli
disturbance in Natal, all called for an inquiry into past transac-
tions. The result of that enquiry showed that the blunders of
Downing Street administration in years gone by had led to the
complications which existed, and were stiU fi'uitful of divisions
and differences, between the various European settlements. To
remove the chief causes of estrangement, and to bring about
more harmonious action between these communities, Earl Car-
narvon determined upon a change of pohcy and plan.
In the House of Lords, during a debate on South African
affairs, 1875, he declared : " Hitherto the interests and systems
of all the states in South Africa have conflicted with each other.
My wish is to see those interests and systems brought into greater
unity. I desire, in the first instance, to see a greater develop-
ment of those great resources which South Africa possesses.
Secondly, I desire to see a uniform system adopted in these
states, because as long as different systems exist among them
there will be a pei-petual som-ce of danger. And, lastly, I look
most earnestly to a better understanding being created between
the two Dutch Republics and ourselves. I think it would be to
the interest of all parties to concur in demanding that there should
be a better understanding and a more conciliatory com-se of action
between those Republics and ourselves."
The settlement of the u-ritatkig boundary controversy with the
Orange Free State already mentioned, was one of the results of
this change of policy.
Another important step proceeding from it was a proposal for a
conference of the governments of South Africa, with a view to
Confederation, which was communicated to the colonies in a
despatch addressed to Sir Henry Bai-kly, on the 4th May, 1875.
But the Cape Government declined to further the proposal, object-
ing to the sudden manner in which the question of Confederation
w^as introduced, and maintaining that any movement in its favour
308 HISTORY
should be left to emanate from the expressed desire of the people
themselves. This kindled a political agitation throughout the
country, which is now only subsiding ; but the discussions and
controversies incidental thereto seem to have paved the way for
a clearer comprehension and a juster appreciation of the wishes
and aims of the Imperial Government.
The scheme of Confederation, approved of by Her Majesty's
ad^-isers, is in its principal features, the form of close alliance Sir
George Grey recommended for adoption in 1859, and which many
far-seeing colonial politicians have long regarded as the natural
political future of South Africa. It contemplates a union of all
the colonies and the Border states, on the model of the domin-
ion of Canada. Its effect will be to give enlarged powers of self-
government to the adjacent and kindred European communities,
— placing the control, management, and direction of tlie whole
of the internal affairs of South Africa in the hands of its own
people, — in allegiance to and under the guardianship of the Crown
of Great Britain.
CONCLUSION.
Present Position of the Colonies and States of
South Africa.
Past and Present — Population, Kevenue, Trade, and Productions of the
European Settlements — The Capo Colony and its Annexed
Provinces ; its Institutions and Financial Condition — Griqualand
West — Natal — The Orange Free State, and its Government —
The Transvaal and its Resources; Gold-fields; Political Consti-
tution ; Administration of President Burgers ; "War and Financial
Difficulties ; Union with the British possessions — Native Races.
In bringing to a close this short History of the European settle-
ments of South Africa, we are tempted to give a review of the
material and social advancement of the country, as evidenced by
the growth and increase of towns and villages, the expansion of
trade and wealth, tlie improvement in the condition of tlie people,
and the progress of intellectual, moral, and religious culture. But
the task would enlarge the compass of this book beyond its pre-
scribed limits. A few prominent facts, shewing the progress made,
and the position at present attained, by the several colonies and
states, may afford the information most desired in these days of
brief telegraphic summaries and rapidly-changing circumstances.
310 PRESENT CONDITION
To contrast the past with the present it is unnecessary to refer
to the period, extending over a century and a half, during which
South Africa was governed by the Dutch East India Company.
Travellers who visited the Cape of Good Hope at that time repre-
sented it as little better than a " barren promontory, and a sterile
desert with a savage population, only interspersed here and there
with a feeble and stunted population." There was no commerce
whatever, the monopoly of trade then prevailing restricting the
industry and enterprise of the first settlers within very narrow
limits.
At the date of the capture of the Cape in 1806, the total popu-
lation was not more than 75,145, and of this number one-half were
native Hottentots and imported slaves. The influx of British
immigrants in 1820 introduced a new class, ambitious of improving
their condition and carrying with them the energy and progres-
siveness of the mother-country. From that time commerce was
developed and colonization steadily advanced.
In 1821 the population of colonized South Africa was 110,370 ;
and the colonial produce exported was valued at ^£130,577.
During the fifty five years that have since passed, the European
settlements have so extended as to embrace within their tmited
areas, at the close of 1875, a population of 1,759,515 souls, of
which 1,339,515 are mthin British territory, and the remainder
under independent republics The total number of the white
population is over 350,000, bearing a relative proportion to the
coloured and native population of about 1 to 5. The aggregate
amount of the revenues raised by the several governments exceed
£2,000.000 per annum, and the expenditure approaches to a like
sum. The annual value of the exports and imports forming
the external commerce of these settiements, is not less than
£15,000,000, while the productions used in home consumption
are very considerable, while according to the latest estunatcs the
value of the fixed property for valuation purposes is £22,000,000.
The commercial products are both numerous and various. Com,
THE CAPE COLONY 311
wine and wool ; cattle, sheep, and horses; ivory, horns, and hides;
ostrich feathers and diamonds ; gold, copper, iron, lead, manganese
and other ores ; coal and timber ; sugar and coffee ; fruits, tobacco,
and cotton. The hst may be increased by the enumeration of
other minor articles, but even as it is, it embraces a fair share of
the essentials to the permanent prosperity of a country.
The Cape Colony — as the Capo of Good Hope is commonly
termed — forms the greater part of the British Possessions in
South Africa. Its proclaimed boundaries are — on the north, the
Orange River, which flows from east to west across two-thii'ds of
the continent ; and on the north-east the com-se of tlie Indwe and
Great Kei Rivers ; while on two sides, soutli and west, it has an
extensive seaboai'd, overlooking the Indian and Atlantic Oceans.
Within these boundaries its approximate area is 199,950 square
miles. The last census which was taken on the 7th March,
1875, shewed the colony contained 720,984 inhabitants, of whom
369,628 were male, and 351,356 female. The European or white
population numbered 336,783 souls. Of these the number of
Dutch or French origin is estunated at 150,000, which is nearly
the number of those professing the Dutch Reformed and Lutheran
creeds. The other Europeans ai-e the offspring chiefly of Enghsh,
Scotch, Irish, German, and Swedish immigrants who have entered
the colony since 1820. The coloured inhabitants number 484,201,
consisting of 98,561 Hottentots, 214,133 Kafirs and Bechuanas,
73,506 Fiugoes, 10,817 Malays, and the remainder mixed races.
The number enumerated as Hottentots are also of mixed origin,
including Namaquas, Hill Damaxas, and Korannas, and the scanty
remnant of Bushmen stUl surviving, about 400 souls.
Beyond the proclaimed boundaries of the Cape of Good Hope
there are the Basutoland and Transkeian territories ; the area of
the former estunated at 10,000, and the latter at 9,070 square
mUes. Basutoland was annexed to the Cape colony by Act No.
312 PBESENT CONDITION
12 of 1871, and is governed under a code of regulations sanctioned
by that Act. Its population numbers 378 European, and 127,323
natives. The Transkei, Tambookieland, Idutywa, and Griqualand
East districts, although not annexed by formal Act of Parliament
are also ruled by colonial magistrates, and the people regard them-
selves as British subjects. The number of natives in the territory
is stated at 154,531. With the addition of these, tlie total popula-
tion under the Cape government is 1,002,838 souls. Before
another year passes it is probable that Griqualand West will be
incorporated ; and ere long the extensive region northward from
the Orange River to the Cunene River, and including Walwich
Bay and Damaraland wiU also be annexed, thus doubling the
already vast area of the colony.
Cape Town, the metropolis and seat of government, with its
pleasant suburbs, Rondebosch and Wynberg, contains over 50,000
inhabitants. Port Elizabeth, the principal place of business, has
a population of a Uttle over 13,000. Next in importance come
Graham's Town, King William's Town, and Graaflf Reinet. Ac-
cording to the census, the nimiber of inhabited dwellings in the
colony is 55,212, exclusive of 76,022 inhabited huts and tents.
The extent of land owned by colonial proprietors is approximately
given as 39,947,734 morgen (a "morgen" is a httle over two
English acres). The waste lands still unalienated and belonging
to the government, comprise a domain of about 50,000,000 acres.
The ai-ea of land returned as cultivated is 274,412 morgen. The
produce of wheat 1,687,935 bushels, and of maize and millet
1,113,007 bushels. The tobacco grown 3,060,241 lbs. The vines
cultivated yielded 4,485,665 gallons of wine and 1,067,832 gallons
of brandy and spirit. Among industries and implements connected
with farming there are 1695 com-mUls, 57 wool-washing estabUsh-
ments, 306 tanneries, 46 breweries, and 1,444 distilleries. There
are 28,416 ploughs, 10,580 harrows, 219 reaping machines, and
332 threshing-machines in use. The animal productions of the
colony amount to 28,316,181 lbs. of wool, 128,128 lbs. of mohair.
THE CAPE COLONT 313
and 7,143 lbs. of ostrich feathers. The colonists possess 9,980,240
wooled sheep and 990,423 hairy cape sheep; 877,988 Angora goats
and 2.187,214 common goats; 116.738 pigs; 21,751 ostriches;
205,985 horses; 29,318 mules and asses ; 421,762 draught oxen
and 689,951 other cattle.
Representative institutions are in operation throughout the
length and breadth of the land. The legislative power is vested
in the Governor and two chambers, the Assembly and Council,
whilst the administration is under the direction of a responsible
Ministry. In the various divisions and districts — now numbering
in all sixty-nine — the government is represented by a civil com-
missioner or magistrate : usually the two offices are combined in
one person ; in su6h cases their duties include the collection of
revenue, the preservation of order, the administration of justice,
and other matters.
In all the divisions there are local elective bodies, termed
Divisional Councils, which are chai-ged with the maintenance of
the roads, the settlement of disputes about land boundaries, and
have to inspect and report upon Crown waste lands proposed to be
offered for sale. In most of tlie towns there are Municipal
Councils, elected by the inhabitants, for the management of local
affairs. These Divisional Councils and Municipalities are autlio-
rized to raise revenues for their respective purposes, by the levy
of rates upon landed property, by tolls, and by licenses. The
funds administered by the Divisional Councils amount to .£130,000
per annum; and by Municipalities, near to X84,000.
The highest court of judicature is the Su.preme Court, which
has its sittings in Cape Town. Besides this court there is a court
of concurrent jurisdiction for the eastern districts, which has its
sittings at Graham's Town ; and cu-cuit courts are held twice in
every year, at such times and places as the Governor directs.
Amongst other civil institutions there is one established at a
very early period by the Dutch Government, which is deserv'ing
of particular notice. It is the department known as the " Deeds
314 PSESENT CONDITION
Registry Office," which secures in a very simple yet perfect
manner the registration of all titles to landed property and mort-
gages. The registry extends back to the year 1685, shortly after
the Cape was first occupied by Europeans ; and at any moment
the purchaser of land may refer to all the bygone circumstances,
servitudes, encumbrances, and other matters connected ■with any
old property, without the troublesome complexity or enormous
expense which attends the same proceeding in England.
Titles to land are in the first instance issued by Government,
representing the Crown, and registry of such issue is preserved in
the Surveyor-general's office. All subsequent conveyance, transfer
or exchange of any property is required to be recorded at the
Deeds Office, where regular entry is made of the description of
the property, its extent, the name of the seller, the purchaser, and
the amount for which it is sold. A duty of four per cent, on the
purchase amount is paid to the colonial revenue on the sale of any
property, and also a succession duty on properties bequeathed ;
and certificates of these having been paid are required to be pro-
duced before transfer is given.
The Deeds Office likewise provides for the registration of
hypothecations and mortgages, to have any legal right or title or
to be effectu \\ against creditors. All such bonds are entered in
what is termed the " debt registry," which is indexed, and daily
open to public inspection, on payment of a small fee. No transfer
of land can be obtained until after a settlement of these bonds,
either by the mortgagee consenting to continue his loan on the
securities of the new purchaser, or by rei^ayment.
Under this system the most perfect seciu'ity is given to the
capitalist, and the conveyance of landed property is made certain,
simple, and economical. The registrar and his assistants, before
passing any deeds, satisfy themselves that the transferer has a
clear title to the propertj', and not merely a life interest in it ;
that there are no ser\ itudes or prohibitory conditions in the way
of transfer; tliat tlicre are no mortgages upon it in the "debt
THE CAPE COLONY 315
registry;" that tlie diagrams are correct; aud that the proper
transfer or succession duties have been paid. Thus, without a
possibility of fraud, or of the existence of mortgages concealed,
the largest, best conditioned, or most involved estate may be sold
and transferred from one owner to another on a couple of sheets
or less of paper ; and the facilities are so great that the time
occupied in passing any deeds is not more than about seven days.
The " Master's Office " is another veiy important department,
charged with the performance of duties corresponding to those of
a Master of Chancery aud a Commissioner of Insolvent Estates
combined. It rests with the Master to register wiUs, to control
the proceedings of tnistees or executors in the administration of
estates and properties of minors, lunatics, and absent persons.
He also regulates all proceedings in bankruptcy, and assists the
Supreme Court in matters which it refers to him for report of
opinion. The duties connected with the administration of minors'
and absent persons' estates, are of a specially responsible
character.
The inheritance of minors who have no tutors appointed by
their pai'ents, and the monies in the hands of tutors dative and
curators dative, after payment of the debts due by the estate and
the amount required for the immediate maintenance of the person
under their guardianship, must be paid into the hands of the
Master, — by him put out to interest, — and the interest, when
required, paid for their maintenance and education, — at one per
cent, less than the usual rate of interest. The monies thus paid
into his office, for account of minors, lunatics, and unknown and
foreign heu's ha\dng no legal representatives in the colony, forms
what is denominated the " Guardians' Fund." The capital of this
Fund amounts at present to over half a million sterling, and is
invested partly in mortgage bonds under security of landed
property, and partly in government stock and debentm-es. The
interest at present allowed on minors' inheritances is at the rate
of four per cent. This ceases on their attaining their majority
316 PRESENT CONDITION
Foreign lieirs not having legal, representatives in the colony, are
allowed at one half of tlie legal rate current in the colony, and for
a period not exceeding five years. Their names and residences,
where known, and the amounts due them, are published twice a
year, namely, in July and in October, in the Government Gazette,
also in the London Gazette and other papers.
Frontier defence is provided for by a semi-military force — the
armed and mounted pohce, numbering 1000 men. The total
military expenditure by the colony amounts to ^£104,859.
The railways constructed in different parts of the country by
public and private enterprise cover nearly .300 miles, and several
hundred miles additional are now being proceeded with.
The postal system is very complete, a uniform rate being
established with the adjacent colonies and states. There is
weekly communication by steamer with Engla^id, with Natal and
the east coast. The inland post offices number 400, and the
extent of roads open for posts is upwards of 4,500 miles, of which
4,000 are travelled by cart, and tlie remainder by horses. There
are 2,000 miles of telegraph line, and 63 offices. The metropolis
has its daily press, and throughout the other districts there are
forty newspapers pub'hshed. Libraries and museums, chambers
of commerce, clubs, hospitals, sailors' homes, and other institu-
tions are established and supported. The nimiber of churches
and chapels in connection mth the various Christian denominations
is about 400. Education is promoted on tlie aided system by a
.state expenditure of ^£37,344; while the local contributions
amount to another ^43,222. The schools receiving aid ii-om tlie
government number 624 ; and the children on the rolls, 52,700.
Besides these, there are several collegiate institutions, and a
colonial university, incorporated under Act of Pai'hament.
Along llie seaboard, harbour works have been constructed for
the accommodation of shipping ; the coast has been as well lit as
the shores of England, and in Table Bay tlie shelter of secure
land-locked docks is ofTercd to tlie shipping of the world. The
GEIQUALAND "VVEST 317
total numher of vessels entered at the several ports in 1875 was
1639, with an aggregate register ol 90!), 826 tons. The imports
were valued at £5,558,215, and the exports at jE4,233,5()1.
The public revenue of the colony is chiefly contributed by the
customs duties (which amount to over £730,000 per annum), land
sales, land rents, and native hut-tax, transfer dues, stamps and
licences, auction dues, bank note and succession duties, fees, post-
age and telegraph and railway receipts. The revenue for 1875 was
£1,602,918, and the expenditure £1,114,485. The public debt of
the government, including debentures issued for railway purchase
and construction, now amounts to £2,425,358. This has been
almost exclusively expended on public works and other industrial
objects.
Griqualand West, according to the boundai-ies proclaimed by
the High Commissioner in 1871, extends about 180 miles from
east to west, and 140 from north to south, embracing an area of
17,000 square mUes. The gi-eater part of this is good grazing
country, and though as a rule badly supplied with springs, dams
for saving the rainfall may be constructed, whilst recent experience
at the " diggings " jproves that water is obtainable at no great
depth by sinking wells. The valleys of the Vaal and Hart Elvers,
by which the country is traversed, contain moreover much fertile
land suited for agricultural purposes. The great wealth of Griqua-
land, however, is in its diamond mines. A few years ago it was
comparatively a trackless wilderness. It has since developed
riches exceeding the dreams of fancy, which have given an
extraordinary impetus to the progress of South Africa.
The Province is divided into three electoral di^dsions— ICim-
berley, Barkly, and Hay. The seat of government is at ICimberley,
the chief centre of population, where the industry of diamond
diggmg is still pursued with varying but generally successful
fortune. To what depth and how long the soil will continue to be
diamondiferous are questions which time alone will solve ; l)ut
318 PRESENT COKDITIOK
that capitalists take a sanguine view of the futui'e is i^rovecl by
the high prices still given for " claims." The towTi-ships which
have grown up around the mines, at Kimberley and Du Toit's
Pan, also show the permanency of the occupations and trade
established there. The straggling camps of digger's tents have
given place to settled residences, well ordered streets, market
places, stores, banks, churches, and other institutions ; and
although the buildings as a rule are not of brick and stone, but
con-ugated iron and wood, yet as regai'ds size, population, and
business, these towns are in advance of many of the old-established
places in the Cape colony.
No census of Griqualand West has been taken, and its popula-
tion has fluctuated from time to time. In 1874, it was estimated
that 40,000 was the aggi-egate ; now it is computed at about
30,000— namely 7000 to 10,000 whites, 10,000 native labom-ers
from the adjacent territories and the interior, and 10,000 mixed
races, inhabitants of the country. The Griquas do not number
more than 500 or 600 souls, and ai-e nearly aU located in the
Griqua Town or Hay district. The other native inhabitants ai'e
the Koranas and Batlapins, chiefly residing between tlae Vaal
River and the Hart Eiver. Mr. Ford, the Government Sui'veyor,
describing that part of tlie country in 1873, states : — " Agriculture
is entirely dependent on the summer rainfall — thunder showers.
In favourable j-ears, I am informed, that aU the rich slopes are
cultivated, and yield large crojos ; there is no attempt at ii-rigation,
though the country afibrds unusual faciKties for making tanks or
dams. If rain sufiicient falls in the early part of summer the
plough and Kafir pick are at work — in every dii'ection the soil is
rich and vegetation rapid. Sometimes the crop comes to maturity,
and the natives riot in abundance, untD, before the close of the
ensuing winter, it is all consumed, and they nearly stance onmillc
and locusts. More frequently, as last year, the rain is insufficient
for extensive cultivation, and the young crops are withered by
the heat of summer, and absence of moisture. Then the natives
N.VTAL 319
have only milk, locusts, and the bean of a dwarf acacia which
gi-ows spontaneously on the alluvial flats, to maintain life with,
and eke out a miserable existence, vith an occasional feast on one
of then* flock or herd that has died from accident or disease."
The revenue of Griqualand West has been almost exclusively
derived from direct taxation,— tlie customs duties on the imported
merchandise consumed in the province, accruing to the ti-easuries
of the Cape and Natal. In 1872 the revenue was ^'58,437, and
the expenditure iE48,604, In 1874, it was ^59,753, while the
expenditui-e was ^75,786, exclusive of surveys and public works.
According to the latest statements published in 1875, the revenue
amoimted to ^90,164, and the expenditui-e was i;i01,328. The
j)ublic debt of the Province is about £'250,000, including the
amount raised for the purchase of the Kimberley mine, and the
expenses of the mihtary expedition in 1875, and the sum paid by
the Imperial Government to the Orange Free State in settlement
of the boundary disputes. One mine of wealth is stiU undeveloped
in this region, and that is u'rigatiou.
Natal, the garden colony of South Africa — covers an area of
20,212 square miles. It has a seaboai'd of 150 miles stretching
along the coast from the mouth of the Umtamfuna River, in lat.
31° 10', to the mouth of the Tugela in lat. 29° 10' S. The
Drakensberg mountains form its inland boundary, separating it
fr-om the high plains of Basutoland, the Free State and Transvaal.
The latest ofl&cial returns of the population give a total of 307,501.
Of this number 19,990 are whites ; 9,147 Indian coolies, and
277,864 natives ; but it is acknowledged that the estimate of the
natives is an approximate one, and they are usually set down as
mustering 350,000. Nearly one-half of the European population
are settled in the principal towns— the seaport of Durban con-
taining 4,830, and Pietermaritzburg, tlie seat of government, 00
320 PEESENT CO>'DITIOX
miles inland, having 4,300. The remainder are scattered over
the villages, mission-stations, plantations and farms.
Along the coast districts, sugar, ginger, coflfee, arrowroot, and
most of the plants of tropical habit and constitution grow and thrive.
Sugar-growing has become the most important industry, and a
large amount of capital is employed in it. On the hill-sides and
the valleys fields of cane, mills and mill-houses, coolies" quarters,
and comfortable planters' residences, some occupj-ing most charm-
ing situations, form the main features of a landscape, where
twenty years ago the uutilled soil was covered with jungle. The
annual crop of sugar has for the last two or three years exceeded
10,000 tons — its value averaging ^'20 per ton. Coffee-growing is
another enterprize which has been largely engaged in on the
coast, and for a time with great success. In 1871 the yield was
over 2.000,000 lbs., but since then there has been a falling off in
the crop, attributed by some to the unsuitableness of the plants
introduced, and by others to injudicious and erroneous methods
of cultivation.
Leaving the coastlands for the central and upland districts, at
a distance of 10 miles from the sea, a region of green hilly
pastures is entered upon when; cattle and horses thrive, and
where wheat and oats, the j)otato, and many of the food crops of
Europe can be produced. On the uplands, sheep are becoming
abundant, and with care are doing well . Indian corn and tobacco
grow everywhere, both on the coast and in the uplands, in the
greatest luxuriance. Coal seams of considerable thickness extend
for many miles in the division of Newcastle, Klip River country.
When the railways, now in course of construction are extended
in that direction, these coal mines may be worked with advantage,
and thriving communities gi'ow up around them.
A good portion of the coast produce of Natal finds its way into
the neighbouring colonies and states. There is also a large trade
with the interior. In 1875 the value of the goods miported at
the port of Durban was ^1,208,838, and the exports £835,(U3.
THE OltANGE FKEE STATE 321
The revenue of Natal \Yliicli in 18-18 was not more than ^9, 2Gb,
is now i'386,609 ; and the expenditure £'401,4i(;. The receipts
ai-e derived from customs and excise duties, land sales, quit-rents,
transfer, auction and other dues, and native taxes. The amount
raised from the natives last year was from hut-tax i'28,000 ; and
from fees and fines under native law £'14,225.
All the orthodox institutions of an English community have
been transplanted and are flomishiug in Natal. The Church of
England, the Wesleyan, tlie Dutch Reformed, the American.
German, Norwegian, and the Pioman Catholic churches have
their clergy and missions in various parts of the colony. The
defensive force maintained by Her Majesty's Government consists
of a battalion of infantry, a detachment of artillery, and one of
engineers ; and there is a volunteer force of 1300 cavalry and 274
infantry. The pubhc debt of the government in 1875 was
.£331,000.
Tre Orange Free State has as its boundaries, on the west and
north, Griqualand, Bechuanaland and the Transvaal ; and east
and south, Natal, Basutoland and the Cape colony. Its area is
roughly taken to be about 70,000 square nules, but no accurate
computation has hitlierto been made. The population is stated
to be 50,000 whites and 25,000 coloured inhabitants.
The Government of the state is repubUcan, and its constitution
vests the legislative powers in the " Volksraad," the members of
which are elected by their constituents for four consecutive
years. The whole number of representatives (there being one
for each chief town of a district and one for each field cornetcy)
is fifty-two. Of this number, the half retire by rotation every two
years, and a new election takes place to fill up the vacancies.
The Volksraad meets in session annually at Blocmfontein, tlie
capital of the state and the seat of Government. The executive
322 PGESENT POSITION
power rests in the Pi-esident,* who is elected by suffrage of
burghers throughout the whole state. His term of office extends
over a period of five years, and he is eligible for re-election. Can-
didates for the Presidentship are generally recommended by the
Volksraad to the burghers, and a change taking place in that
office does not affect the tenure of office by the other heads of
official departments in this country as is the case in America.
The President is assisted by the Executive Council, in which the
Landdrost of Bloemfonteiu, and the Government Secretary have
seats as official members ; and three others chosen by the Volks-
raad from among the most influential men in the neighbourhood
of the chief town of the state, form the un-official members pro-
vided for in the constitution. The un-official members hold
office for three years, retiring successively, and ai'e eligible for
re-nomination by the Volksraad.
The chief executive officer in each district is the Landdrost,
who is clothed with the functions of Magistrate and Civil Com^
missioner, and is assisted in his duties by the Landdrost's clerk,
who is at the same time Clerk of the Peace, Distributor of Stamps
and Postmaster. Each district has further its sheriff and deputy,
its gaoler and staff of constables. The Government provides for
offices and gaol. Each district is divided into the uecessaiy num-
ber of wards, each of which elects a field comet, under whom it
serves, and who has cei-tain judicial, and in times of war military
powers. All the wards combine in the election of a Comman-
dant, who is the miUtary head of tlae entire district in times of
war or disturbance, and takes the chief command over all the
burghers of the several field-cornetcies of his district on commando.
• Johannes Henricus Brand, the President of the Orange Free State, is the
eldest son of the late Sii" Christoffel Joseph Brand, first Speaker of the House of
Assembly of the Cape colony. He was bom at Cape Town, on the 6th of Decem-
ber, 1822. He studied at the University of Leyden, and obtained there, in 1845,
the degree of Doctor of Civil Law. He was called to the English Bar at the
Inner Temple in 1849, after which he returned to the Cape. He practised as an
advocate of the Supreme Court of the Cape of Good Hope from September 1849
to November 1863, and held the Chair of Law in the South African College from
1868 to 1863. He was elected President of the Orange Free State in 1803, and
again in 1868 and in 1873.
THE ORANGE FREE STATE 323
As soon as the various district contingents have taken the field
and before active operations against the enemy are commenced,
the officers, viz., the commandants and field-cornets of the several
contingents meet, and proceed to the election of a Commandant-
General from among their number, who, thereupon, makes over
his own charge to an elected successor, and takes the supreme
command of the whole commando, receiving his instructions from
the President. All residents from IG yeai's of age up to GO are
liable to commando duty if they have no legal reason for exemp-
tion ; but none under 18 years are called up unless absolute
necessity demands it.
Burghers of the state are constituted by the three following
classes, \v/.., 1st, whites who were born in the state ; 2nd, whites
who have resided in the state during one year, and have fixed
j)roperty to the amount of ^150 registered in their names ; 3rd,
■whites who have resided in the state for thi-ee successive years.
All biu-ghers who have attained the age of 18 years and have
their names registered mth the field-comet of their district, are
competent to exercise the right of voting in the election of field-
commandants and field-cornets.
All major-bui-ghers are competent to vote for tlie election of the
Volksraad and of the state President ; and the same privilege is
open to those who are lessees of fixed property of the yearly rent
of the value of at least ^36, or who have a fixed yearly income
of at least £200, or who are owners of moveable property of the
value of at least £300 and have resided in the state for at least
three years.
The administration of justice is regulated by the local ordinances
enacted from time to time by the Volksraad and furtlier according
to Roman Dutch Law. A High Court, consisting of a cliief
justice and two puisne judges, has been constituted since 1872 ;
and the gentlemen appointed to the bench have been chosen from
the members of the Cape bar. These judges also hold cu-cuit
courts at stated periods throughout tlic state. The Landdrost's
324 PEESEKT CONDITION
courts have police and criminal jurisdiction, and can bind over in
the sum of i'lOO for six months ; fine up to £0 ; imprison for
three months with hard labour, ^\■ith corporal punishment up to
25 lashes ; whUe it has a civil jurisdiction in all cases up to
^37 10s. Special laws, however, give this court a higher juris-
diction in certain ofl'ences.
Educatiun is receiving much attention. An Inspector of
Schools has been appointed, and steps have been taken bj- which
a standing fund of ^17s,000 will be available in a fewyeai's solely
for educational purposes, thus placing the support of education
totally independent of the ordinary' revenue of tlie country.
The constitutional church of the state is the Dutch Reformed,
the chief governing body of which, namely the Synod, meets
once every tliree years. The various congregations of the state
are classed under two circuits or " Kings," and each Eing meets
yearly. Each congregation is governed locally by the Kerkeraad.
Under this church there are at present IS congregations, 15. of
which receive state support. Besides the Dutch Reformed Church
a branch of tlie Anglican Church of South Africa represented by
the Bishop of Bloemfimtein and a numerous staff of clergy, is
established in the Orange Free State. The Bishop resides at
Bloemfontein, and congregations of this church are ministered
to in Smithfiekl, Bethulie, Philippohs, Han-isniith, Modderpoort,
Thaba 'Nclm, and other places. The English IMinister at Smith-
field is the only one of this body receiving state support. The
Wesleyan Methodist Church also has a circuit Jn the Orange
Free State, under a superintendent, resident at Bloemfontein, and
a numerous body of ministers, and has congregations at Faure-
smith, Smithfield, Harrismith, Thaba 'Nchu, &.c. It receives
state support towards the churches at Bloemfontein and Faure-
smith. The Evangelical Lutheran Church is represented in the
state bj"- a superintendent and several ministers, who labour at
Bloemfontein, Bethany, and other parts of tlie state, and during
the session of 1874 the Yolksraad granted £100 yearly to the
THE OBANGE FKEE STATE 325
support of the congregation at Bloemfontein. Finally the Roman
Catholic Church, under the care of a priest, is ministering to the
wants of its people at Bloemfontein.
The revenue of the counti'j is raised by quit-rents, on farms,
transfer dues, stamp duties, and fees in the various governmental
departments, licenses, hire of s*atc lands, hut tax on the coloured
population and from various other sources, the mode of taxation
being for the greater part indirect. The Cape colony and Natal
receive the customs dues on all goods imported for consumption.
The financial condition of the state, however, is good. Its
revenue has steadily increased from 1856-7, when it only amounted
to ^15,000 per annum, until now it is ^120, 000. During the con-
tinuance of the last Basuto war, a paper cuiTcncy to the amount
of £136,000 had to be issued, and for a long time it was not valued
at more than half the coinage it represented. Nearly the whole
of it has since been redeemed. The state of the public funds now
is such as will enable the Government shortly to enter upon the
prosecution of reproductive public works.
The Government lands of the state are still very considerable,
though small compared with their original size, owing to; he sales
of farms which have been held from time to time by the Execu-
tive. The value of fixed property of all kinds has increased
gi'eatly within the last few years. Even in the districts of Harri-
smith and Cronstadt, where land formerly was almost valueless,
farms are now eagerly sought after and change hands at very
high rates. The average value of land throughout the whole
state may now be fixed at 10s. per morgen, or 5s. per acre. A
rough estimate fixes the number of farms throughout the country
as between six and seven thousand.
Fixed property changes ownership by registration. The mode
of registration of deeds of all descriptions in the Orange Free
State is generally held to be more publicly useful than that in
vogue in the colonies. There is a sub-registry oflSce in each
district, while the Chief Deeds Registry- Office is at Bloemfontein.
326 PEESENT CONDITION
The transfer or other deeds are passed before the Registrar of
Deeds, or the Landdrost of the district as his representative, as
the case may be, and after registration at the head office, by
which the deed obtains vahdity, are also registered in the district,
so that full information can at once be obtained regarding any
property at its district office.*
The Transvaal or South African Republic embraces the terri-
tory between the Vaal River and the Limpopo River, comprising an
area of about 115,000 square miles. Its eastern bouudarj^ is tlie
Lobombo hUl-rauge, separating it from the Portuguese possession
of Delagoa Bay, and the Drakensberg, dividing it from the
Amatonga and Zulu tribes. Its western border, according to the
Keate award, is the Maquassi Spruit or Pogola River, separating
it from the Batlapin tribes, although tlie state still claims the
country west to the Hart River. The white population of the
state is computed at 30,000, and the coloured population at from
250,000 to 300,000 souls.
The Transvaal possesses natural advantages superior to any
other part of colonised South Africa. It has a well-watered and
fertile soil, rich pastures, valuable mineral deposits, and a climate
at all seasons favourable to Europeans. For the purposes of
description, it may be conveniently divided into three classes of
country — namely, the Hooge veld Qn^h country) ; the Bank«n
veld (terrace country) ; and the Bush veld (bush country).
The portion lying south of the 25th parallel of latitude — from
Leydcnburg down to New Scotland, thence along the Drakensberg
and extending westward through Nazareth along the Witwater's-
* For mucli of the above information respecting the present condition of the
Orange Free State, I beg to acknowleilge my obligations to J. G. Fraser, Ksq.,
Secretary of the Volksraad, and Master of the Orphan Cliambers.
THE TRANSYAAL 327
rand to tlie southward of Pretoria to Liclitenburg, at the sources
of the Hart Eiver, belongs to tlie first-class — the high void.
Most of this is a magnificent upland country, having an altitude
of 4,000 feet, and in some parts as much as 7,000 feet, above the
sea-level. The climate is healtliy. The winter montlis, from the
middle of May to October, being very cold, but dry ; and the
rains descending in heavy downpours only in summer.
The Banken veld is that portion of the coimtry lying at the
edge of the high veld along the slopes of the Drakensberg or
Witwater's-rand, where it breaks off into the lower level or Bush
veld. It is nowhere very wide, and consists of broken hilly or
mountainous land, intersected by deep ravines or kloofs, very
picturesque as regards scenery, well watered, and generally well
wooded with small trees. It j)ossesses the advantage of good
grazing for both summer and winter. Horned cattle thrive weU
all the j-ear round ; while sheep and horses do well on some faims,
and on all during the winter months. These lands, when not
too liilly, are admirably adapted for cultivation, as the abundant
supply of water allows of in-igation. Minerals of value will
probably be found when properly searched for.
The Bush veld includes all the country north and north-east
of the line previously alluded to ; much of it is less than 4,000
feet above sea level, and some portions therefore are not healtliy,
for which reason even the Kafirs who Kvc tliere occasionally sufier
from fever. As a rule water is scarce, excejiting along the
IMagaliesberg, and in Marico, and the courses of the principal
rivers. It is for the most part covered with small trees, such as
Mimosa. Along the banks of the Limpopo River, and in among
some of the hills, trees of large size grow, such as the Apies
Doom, but they are not numerous. All descidptions of stock do
well on the sweet grasses of the Bush veld in winter ; but no
stock, except in a few places, ai'e proof against the climate in
summer. The only use to which Bush veld farms are at present
applied is the gi-azing of stock during the cold season, for about
328 PEESENT CONDITION
four mouths. As a consequence, permanent improvements are
not likely to be made in tliis tract unless minerals of such worth
are discovered as to make them necessarj'. Grain grows well
and yields handsomely under irrigation as a winter crop. Fruit
trees of many descriptions also do well ; and sugar and coffee
thrive in many places where the ground can be irrigated. Farms
here are at present, however, principally of value as adjuncts to
those in the Hooge veld.
Most of the Hooge veld is occupied as gi-azing farms. Stocks,
such as sheep, horned cattle, horses, goats and pigs, thrive
remarkably well. It is necessary, however, to keep horses on
the higher hills during summer, as the horse-sickness is trouble-
some over this as well as other parts of South Africa. Under
iiTigation, wheat, oats, and other cereals gi'ow well in winter, and
yield heavy crops. Leydenburg district is si)ecially adapted for
the growth of wheat, &g., as it possesses abundance of water
easily utilized, and soil of a most fertUe character. Maize grows
in summer without irrigation, as the rains suffice. Vegetables of
all descriptions thrive and yield well Most kinds of fruit-trees,
such as oranges, lemons, guavas, bananas, loquats, apples, pears,
mulberries, plums, peaches, apricots, &c., bear prolific crops and
grow very rapidly. Forest trees flourish wherever there is water ;
the most luxuriant and rapid growing is the blue-gum, but oaks,
willows, poplars, &c., also thrive well. The circumstances of
climate and soil are all that could be desired.
Many useful minerals are contained in this tract. Coal-bearing
strata stretch from the Vaal River to within a few miles of Middle-
bm-g, and within about 35 miles of Pretoria. The coal occurs ia
seams of sufficient thickness to be worked witli profit. Iron ores
ai'e found at Pretoria and in many othor places in considerable
quantities, and of ricli quality'. Copper ores crop up at various
parts, but in small quantities ; and at the source of the Groot
Marico lliver a rich lead-mine has been opened. Cobalt, p3rites,
and bloom (liumatitej, is being worked with good results at a mine
THE TRANSVAAL 329
situate un Salmis Pdver, about "0 miles norlliward from Nazareth or
Middleburg. Other deposits of noticeable minerals will eventually
be discovered as igneous rocks and the formations congenial to
mineral deposits exist.
Gold-miuiug operations have been carried on since li~^Tl. Near
Marabastad there are reef-diggings worked bj' an EngUsh Company.
At the new Caledonia Fields, the gold occurs as an alluvial deposit,
and nuggets weighing up to 17 lbs. 1 1 oz. have been found. These
diggings, which are situate about ."Jo miles from Loydcnburg, and
three to four days' journey from Delagoa ]jay, have only been
worked for the two last yoai's; and although the digging popula-
tion has as yet been very limited in number, the auriferous area
has been found to be payable on the whole, and extremely rich
in some places. The principal camps at present are at Pilgrim's
Rest. Blyde (or Glad) Pdver, and Mac Mac, so called from the
first discoverer Maclachlan. At Pilgrim's Pust, banks, churches,
and hotels have been estabhshed. The Cape Commercial Bank
of Cape Town has a branch there, as well as at Pretoria and.
other towns of the Transvaal ; and they have sent to England
through their agents, the Loudon and County Bank, during the
last two years, about 22,000 oz. of gold, valued at about £84,000,
the yield of these fields.
The Ptepublican Constitution or " Grondwot " of the Transvaal
was proclaimed in 1858, but alterations of it have been made
from time to time by resolution of the Volksraad, the representa
five body in whom the powers of government are vested. The
members of the Volksraad number 42— three members for each
district, and four separate members for the chief towns of the
Eepublic— Potchefstrom, the capital ; Pretoria, the seat of govern-
ment; Ptustenburg and Leydcnburg— and two for the Gold-fields.
The qualification for membership of the Volksraad is burghership
for three years, possession of fixed property, and being attached
to a Protestant church. The qualification for burghership is a
residence of one year in the country, and the possession of fixed
330 PRESENT CONDITION
property ; or the payment of £7 10s., and taking the oath of
allegiance to the government.
The administration is in the hands of the Executive Council,
consisting of the state President, elected for five years by a general
election throughout the state ; the state Secretary, who is elected
by the Volksraad for five years ; and three unofficial members
chosen by the Volksraad. The law courts are j)residcd over by
the landdrosts or magistrates of each district; and the highest
or Supreme Court is formed of three landdrosts and a jury of
twelve burghers. All inhabitants of the state between 16 and 60
years of age are liable to military service ; and owners of land
residing beyond the limits of the Republic are subject to a war-tax
in case of war. Those inhabitants who are '■ commandeered," or
called out on commando, must provide themselves with arms and
means of transport. They are entitled to a share of all booty taken,
after certain deductions are made in favour of the government.
In 1872, when Mr. Burgers was chosen as President the affairs
of the Republic were in a position the reverse of flourishing. He
found the Treasury empty, a paper currency which had been
issued in 1865 at a great discount, and the state without credit.
In a short time he initiated an active and progressive policy,
which infused new spirit into the country. "With the approval
of the Volksraad, he succeeded in negotiating for a loan of
£'60,000 from the Cape Commercial Bank of Cape Town, for
the purpose of redeeming the government notes at par. He
engaged a member of the Cape bar to aid liim in reforming
the laws of the state. lie submitted measures for the accurate
survey of all public waste lands; for the appointment of a
judge, and for the promotion of education. He designed a new
flag, and had some of the nuggets from the gold-fields converted
into a coinage for the Republic. ]Most important of all, he asked
for and obtained authority to efl'ect a loan of half a million for the
construction of a railway on the 3 -ft. 6-in. gauge from the Portu-
guese port of Delagoa Bay to the Drakensberg. The President's
THE TEANSVAAL 331
friends, as well as the old inhabitants of the Republic, wore
astounded at this bold attempt to bring the state up to a footing
of civilization and progress.
In 1^75, Mr. Burgers proceeded to Europe, and while tliere
succeeded in conchtding a treaty with Portugal, by which the
Portuguese government undertook to subsidise the proposed rail-
way to the amount of the cost of its construction over their
territory in the neighbourhood of Delagoa Bay. At the same
time ho arranged in Holland for a railway loan (^90,000 of which
was at once taken up) on debentures bearing interest at G per
cent., and secured by a mortgage on 1,500,000 morgen of the lands
of the republic.
During the President's absence, however, the state was drifting
into war and insolvency. A tribe of Basutos. named the Bapedi,
under the chief Secocoeni, occupied the mountain country adjoining
Leydenburg. Some of them refused to pay hut- tax to thegovernment
and molested the farmers who were settled near to them. Constant
complaints reached Pretoria of cattle-stealing and acts of violcnco
committed. In April 1876, when Mr. Burgers returned, special
messengers were sent to Secocoeni, requiiing liim to restrain his
subordinate chiefs and people, and to make good the losses
occasioned by them. The chief intimated that he Avas willing to
return the stolen cattle, but he nevertheless laid claim on behalf
of his tribe to the district of Leydenburg, and part of the adjacent
country, including Pretoria. The matter was laid before the
Volksraad, then in session, and it was resolved by imauimous
vote that the Government should no longer delay in taking active
steps to maintain the rights of the biu-ghers. War was declared
against the Bapedi, and a large commando, consisting of fanners
and native allies, marched into the country occupied by them.
One of Secocoeni's chief men, Johannes, was killed, and some
outlying kraals and fortified places were taken. The bui-gher
forces, under their commandants, and accompanied by the
President, then moved on to attack Secocoeni's town, situated iu
332 PRESENT CONDITION
a range of craggy and mgged mountains, rising abruptly from the
plain or basin, and difficult of access or assault by untrained and
irregular forces. The commando mustered 540 'O'agons, 2,500
white men, and about an equal number of natives. Two divisions
attempted to carry the place by a night attack. One body, after
some difficult climbing and skirmishing, gained a position near
to the town, but on day breaking they found themselves unsup-
ported, the main body not liavmg come to meet them as agreed
upon ; some of their number, when called upon to move forward,
taking refuge in the guUeys and other places of shelter. The
whole body afterwards beat a retreat. The moral effect of this
disgraceful failure, coupled with the prevailing lack of discipline
and the known scarcity of provisions and ammunition, produced
a general meeting in the camp. With one voice the men declared
they would not storm the mountain again, and their determination
to return to then* homes. A few remained obedient to orders
with the President, but with such diminished numbers he had no
choice left but to return to Leydenburg.
The Volksraad was summoned to assemble to consider tlie
" situation." As a temporary measure, the prosecution of the
war was entrusted to volunteers. But very soon afterwards it was
happily brought to a conclusion ;* the terms of peace agreed upon
being the payment by Secocoeni of 2,000 head of cattle, and his
acknowledgment of the supremacy of the Republic.
Meanwhile the financial affairs of the state became embarrassing.
The ordinary revenues of the country were unequal to the strain
put upon them. A special war-tax of i'lO on every owner of a
farm was assessed. To many of the old burghers, taxation has
always appeared as a form of oppression ; and this new impost
was regarded in that light. They refused to pay the taxes. The
government found itself without funds, — the salaries of officials
* This unfortunately does not prove to be a permanent or favourable one.
THE TRANBYAAL 333
remaining unpaid as well as tlic interest of the public debt;i^ and
•owing to tlie divisions among its people, it was powerless to enforce
its autlioritj'.
Again the Volksraad was convened in extraordinary session in
February 1877, when the alternative was put before the members
that there must be a radical reform of the whole constitution, —
legislative, executive, and judicial, — and that the burghers must
loyally, promptly, and vigorously act up to their legal obligations,
and support the government of their own choosing ; or else accept
Earl Carnarvon's proposals for Confederation with the Soutli
African state and colonies under the British flag. At this very
time Sir Theophilus Shepstone was at Pretoria, as a Special
Commissioner from Her Majesty the Queen. He was deputed to
confer with the government on the subject of Confederation, and
particularly in regard to native affairs, and the complications
and possible eventualities arising out of the condition and line
of action of the state, which might unfavourably affect the peace
of the neighbouring British colonics and the whole of tliis
portion of the continent.
Memorials and addresses were presented to the President and
the Volksraad to avail themselves of the opportunity thus presented
of saving the state from the civil disorder which was hovering
over it, either by accepting confederation or annexation to the
British Crown.f
The large majority of the Volksraad, being of the uncompro-
;mising "independence party," opposed these views; but they
* The ordinary revenue of the Republic is derived from quit-rents on farms,
licences, stamps and fees, a wagon duty on traders passing through the country,
an import duty on (roods imported by storekeepers, and other sources. The
extraoi'dinary taxes "are for the railway loan, £1 10s. on all farms ; and for war
expenses, £10 for every resident proprietor of a farm, and £12 for foreign
proprietors. _ ,„ _, , , .^.,
The revenue in 1872 amounted to £40,988, and the expenditure £35,/ U. In lS/5
the revenue was £69,928, and the expenditure £69,593. The present liabilities of
the State are £250,000, inchisive of £90,000 raised for the railway loan.
+ This has since been happily effected on 12th April, 1877.
334 PRESENT CONDITION
offered no suggestion or sclieme for the rescue of the country fi'om
its difficulties, and the anarchy which seems inevitable, unless its
affairs are placed in the hands of a strong government, under
which alone its people can expect seciu-ity, prosperity, and progress.
What of the Native Races ? the reader may ask. Has the
extension and enlargement of European dominion in South Africa
benefitted them ? Has tlieir condition been improved by contact
with the white man ? And what are theii- prospects for the future ?
Passing over the early days of colonization, and the series of
miserable wars in later years, for which changes of governors and
changes of policy were in some degree responsible, we may limit
our observations to the period embraced within the last quarter of
a century, dating from the commencement of Sir George Grey's
administration. During this time peace has been uninterniptedly
enjoyed within the British frontiers. The natives have been
ti'eated in all respects with justice and consideration. Large
tracts of the richest land are expressly set apart for them under
tlie name of " reseiwes " and " locations." The greater body of
them live in those locations, under the superintendence of
European magistrates or missionaries, who set them an example
of consistent moral conduct, impart instruction, and assisting them
in everything tending to advancement in civilization. Many
have individual titles to land, granted by the government ; others
have acquii'ed property themselves by pui'chase or lease ; and not
a few even keep accounts in the local banks, and such expensive
civilized luxuries as divorce cases and actions for breach of promise
of marriage are not entirely unknown ; and, as a whole, they are
now enjoying far greater comfort and prosperity than ever they did
in their normal state of barbaric independence and perpetually-
rccvuTing tribal wars, before coming into contact with Europeans.
The aim of the policy of the Colonial Government since 1855
has been to maintain peace, to diffuse civilization and Christianity,
and to establish society on the basis of individual property and
independent personal industry. The agencies em]7loyed are the
NATITE KACES 335
■magistrate, tlie missionary, the sclioolmaster, and the trader,
the educational efforts i^ut forth are extensive ; and pre-eminent
amongst them is the Industrial and Training Institution at Love-
dale. " These efforts," observes Dr. Dale, the Colonial Superin-
tendent-General of Education, " must commend themselves to
the statesman and the poUtician, as providing the best guarantees
for good order and commercial development. Witlx school
instruction come habits of enterprise and self-reliance. The
wants of civilized hfe necessitates some degi-ee of industry, and
thus wealth accumiilates in private hands. Every native who
owns a plot of land, or a plough, or a wagon and oxen, isa hostage
for peace."
The process of social elevation and enlightenment is slow, and
requires patience. The changing of the habits and customs of a
barbarous people cannot be carried out in a day. A most hopeful
indication at present, is their industrial progress. The official
reports of the agents and magistrates connected -witli the Native
Department, shew that they are materially benefitting by contact
with Europeans. The demand for household requisites and
•clothing, and for agricultural implements, is greatly on the increase.
Improvement in living induces improvement in mind ; and many
natives now pay for the education of their children, whereas
formerly they considered that they confen-ed a favour by sending
them to the mission institutions. They are thus acquiring wants
which can only be supplied by industry, inducing among them a
spirit of work and labom' as opposed to the spu'it of idleness
hitherto characteristic of their race. Theii- commercial relations
are yearly growing more and more important. The purchasing
power of the Border tribes (Kafirs, Fingoes, and Basutos), within
the circle of King William's Town, is not less than .£400,000 ;
while the productions, such as wool, mohair, hides, horns, goat
and sheep skins, tobacco, grain, and cattle, are estimated at
^750,000 per annum.
The advantages and value of British rule have of late years
336 NATIVE EACES
struck root in the native mind over an immense portion of South
Africa. They realize that it is a protection from external encroach-
ment, and that only under the (Bgis of "the government" can
they be secure and enjoy peace and prosperity. Influenced by
this feeling, several tribes beyond the colonial boundaries are
now eager to be brought within the pale of civilized authority ;
and ere long Her Majesty's sovereignty will be extended over
fresh territories, with the full and free consent of the chiefs and
tribes inhabiting them.
One special feature in connection with the native races cannot
be overlooked. The American Indians have nearly vanished.
The Maori's of New Zealand are melting away. The South
African Kafir tribes, however, are enormously increasing, with
the exception of the original Bushmen, who are virtually extinct
or merged by inter-breeding with the Koranua, Namaqua, and
similar tribes of the old Hottentot races, and slowly but gradually
progressing in civihzation.
Here then, if anywhere, the problem may be solved, whether
the white and the black races cannot live side by side, proving
friendly and useful to each other, and aiding and co-operating in
the advancement and development, morally and materiall}', of the
capabihties and resources of this vast Continent.
APPENDIX.
List of Governors of the Cape Colony,
FROM THE FIRST CONQUF.ST OF THE CAPE BV THE IMPERIAL
GOVEllNMENT TO THE PRESENT DAY.
DATE,
1796. General Craig, first English Governor.
1797. Earl Macartney. De Oude-Edelman of Dutch Boers.
1798. Sii- F. Dundas, Lieut.-Gov.
1801. Cape Restored to the Batavian Republic.
1803. General Janssens, Governor
1806. Cape capitulates to English. Sir D. Baird, Governor.
1807. Earl Caledon. Governor.
1811. Hon. H. G. Grey, Lieut.-Governor.
— Su- J. F. Cradock, Governor.
1813. Hon. R. Meade, Lieut.-Govt^rnor.
1814. Lord Chai'les Somerset, Governor.
1820. Sir Rufane Donkin, Acting-Governor.
1821. Lord C. Somerset, Governor.
1826. R. Bourke, Lieut.-Governor.
1828. Sir Lowry Cole, Governor.
1833. Lieut.-Co'l. Wade, A.A.
1834. Sir Benjamin Durban, Governor.
1836. Sir A. Stockenstrom, Lieut.-Governor E.P.
1838. Sir G. Napier, K.C.B.
1839. Col. J. Hare, Lieut.-Governor E.P.
1844. Sir P. Maitland.
1847. Sir H. Pottinger, Bart.
— Sir H. Young, Lieut.-Governor.
— Sir Harry W. Smith, Governor.
1852. Hon. Sir G. Cathcart.
— C. H. Darling, Lieut.-Governor.
1853. Gen. Jackson, Lieut.-Governor.
1854. Sir G. Grey, Bart., Governor.
1859. Gen. Wyuyard, Lieut.-Governor.
1861. Sir P. Wo'dehousc, Governor.
1863. Sir P. Douglas, Lieut.-Governor.
1868. Lieut.-Gen. Hay, Lieut -Governor.
1870. Sir H. Barkly, Governor.
1877. Sir Bartle Frere.
APPENDIX.
Annexation of the Transvaal.
The following is the text of the ofTicial documents proclaiming
the Transvaal British Territory, published in a Qazette Extra-
ordinary, dated Pretoria, Transvaal, 12th April, 1877 : —
Commission appointing Sir Thcophilus Shcpstonc, K.C.M.G.,
of Natal, to be a Special Commissioner for certain pm-poscs.
VICTOllIA K.
Victoria, by the Grace of God, of the United Kingdom of Great
Britain and Ireland, Queen, Defender of the Faith, Empress
of India : To Our Trusty and Well Beloved Sir Tmeopuilus
Shepstonk, Knight Commander of our Most Distinguished
Order of Saiiit Michael and Saint George, greeting : —
Whereas grievous disturbances have broken out in the territories
adjacent to our colonies in South Africa, with war between the
white inhabitants and the native races, to the great peril of the
peace and safety of our said colonies; and whereas, having
regard to the safety of our said colonies, it greatly concerns us
that full inquiry should be made into the origin, uatui-c, and
circumstances of the said disturbances, and wth respect to the
measures to be adopted for preventing the recurrence of the like
disturbances in the future ; and whereas, it may become requisite
to this inid that the said territories or portions of thorn sliould
be administered in our name and on our behalf. Now know you
that we, reposing especial trust and confidence in the loyalty and
fidelity of you, the said Sir TheophUus Sliepstonc, have appointed
you to be our Special Commissioner lor the purpose of maldiig
such inquir}' as aforesaid, and we do authorise and require you
with all convenient dispatch, and by all lawful ways and means
340 APPENDIX
to enter upon such inquiry, and we do requii-e you to communicate
to us through one of our Principal Secretaries of State, any facts
which ought to he made known to us, as well as any opinions
which you may think lit to express thereon, and if the emergency
should seem to you to be such as to render it necessarj-, in order
to secure the peace and safety of our said colonies, and of our
subjects elsewhere, that the said territories, or any i)ortion or
portions of the same should i5ro\asionally, and i^ending the
announcement of our pleasiu'e, be administered in our name and
on our behalf, then, and in such case, only, we do fui-ther authorise
you, the said Sir Thcophilus Shepstone, by proclamation under
3'our hand, to declare that from and after a day to be therein
named so much of any such territories as aforesaid as to you,
after due consideration, shall seem fit, shall be annexed to, and
form part of our dominions. And we do hereby constitute and
appoint you to be thereupon Administrator of tlie same pro-
visionally and until our pleasure is more fully known. Provided.
First : That no such proclamation should be issued by you with
respect to any district, territory, or state, unless j^ou shall be
satisfied that the inhalutants thereof, or a sufiicient immber of
them, or the Legislature thereof desu'e to become our subjects ;
nor if any conditions unduly Ihnitiug oiu' power and authority
therein are souglit to be imposed. And, secondly, that unless the
circumstances of the case are such as in your opinion, make it
necessary to issue a proclamation forthwith, no such proclamation
shall be issued by you untU the same has been submitted to and
apj)rovcd by our trusty and wcU-bcloved Sir Henry Barkly,
Knight Grand Cross of our most Distinguished Order of Saint
Michael and Saint George, Knight Commander of our most
Honourable Order of the Bath, our Governor and Connnander-
in-chief of our Colony of the Cape of Good Hope, and our
Commissioner for the settling and adjustment of the alfairs of
the territories adjacent or contiguous to the Eastern Frontier of
om' said Colony of the Cape of Good Hope. And we do further
require that you do in all tlimgs conform to such instructions as
shall at any time be addressed to you by us througli one of our
Principal Secretaries of State; and we do strictly charge and
command all our olliccrs, civil and mihtarv, and all other our
faitlilul subjects, that in their several places, and according to
their respective powers and opportunities, they be aiding to you
in the execution of this our commission. And for so doing tliis
shall be your warrant.
Given at our court, at Balmoral, this fifth day of October,
lH7r>, in the fortietJi year of our reign.
By Her Majesty's Command,
Carnarvon.
APPENDIX 341
PROCLAMATION
By His Excclleucy Sii- Theopliilus Shepstone, Knight Conuuandor
of the most distinguislicd Order of St. Michael and St. Gcorgo,
Her Majesty's Special Commissioner for certain purposes in
South Africa.
Whereas at a meeting held on the sixteenth day of January, in
the year of our Lord one thousand eighthundrcd and fifty-two. at
the Sand River, between Her Majesty's Assistant Commissioners,
Major Hogge and C. M. Owen, Esq., on the one part, and a
deputation from the emigrant farmers then residing north of the
Vaal River, at the head of which was Commandant-General
A. W. J. Pretorius, on the other part, the said Her Majesty's
Assistant Commissioners did " guarantee in the fullest maruier
on the part of the British Government to the emigrant farmers
north of the Vaal River, the idght to manage their uwn allair.s,
and to govern themselves according to their own laws, without
any interference on the part of the British Government ; "
And whereas the evident objects and inciting motives of the
Assistant Commissioners in gi-anting such guarantee or permission
to persons who were Her Majesty's subjects, were "to promote
peace, free trade, and friendly iutercoui'se " with and among the
inhabitants of the Transvaal, in the hope and belief that the
territory wliich a few years afterwards, namely, in Fcbruaiy,
1858, became known by the style and title of '" The South
Afiican Republic," would become a floiuishing and self-sustaining
state, a soui'ce of strength and security to neighbouring European
communities, and a point from which Christianity and civUizatiou
might rapidly spread towards Central Africa.
And whereas the hopes and expectations upon which this mutual
compact was reasonably and honorably founded have been dis-
appointed, and the circumstances as set forth more at length in
my address to the people, of to-day's date, hereunto attached, show
that increasing weakness in the state itself on the one side, and
more than corresponding growth of real strengtli and conlidence
among the native tribes on the other, have produced their natiu'al
and inevitable consequences, as will more fully appear from a brief
allusion to the facts that after more or less of irritating contact with
aboriginal tribes to the north, there commenced about the year
1867 gi'adual abandonment to the natives in (hat direction, of
territory settled by biu-ghers of this state, in well-built towns and
villages, and on gi-anted farms ; that tliis was succeeded by the
extinction of all effective rule over extensive tracts of country, in-
cluded within the boimdaries of the state, and as a consequence by
the practical independence, which still continues of large native
tribes residing therein, who had imtil then considered themselves
subjects.
342 APPENDIX
That some few farmers, unwilliug to forfeit homes which they
had created for their families, and to which they held <:;rants from
the Government of the Transvaal, which grants had, however,
ceased and still fail to protect tlieni in their occupation, made terms
with the chiefs, and now occupy their farms on conditions of peri-
odical payments to those chiefs, notwithstanding the acknowledg-
ment which such payments involve.
That this decay of power and ehb of authority in the north is
being followed by similar processes in tlie south under yet more
dangerous circumstances, people of this state residing in that
direction have been compelled within the last three months at the
bidding of native chiefs, and at a moment's notice, to leave their
farms and homes, then* standing crops, some of which were ready
for reaping, and other property, all to be taken possession of by
natives, but that the Government is more powerless than ever to
vindicate its assumed rights, or to resist the declension that is
threatening its existence. That all confidence in its stabihty once
felt by surrounding and distant European communities has been
withdrawn. That commerce is well nigh destroyed. That the
country is in a state of bankruptcy. That the white inhabitants,
discontented with their condition, arc divided into factious. That
the Government has fallen into helpless paralj'sis from causes
which it has been and is unable to control or counteract. And
that the prospect of the election of a new president, so far from
aliasing the general anxiety, or from inspiring hope in the future,
is looked forward to by all parties as most hkely to result in civil
war with its attendant anarchy and bloodshed ;
That the condition above described affords strong temptation to
neighbouring native powers, who are known to be anxious and
ready to do so, to make attacks and inroads upon the state, which
from its weakness it cannot repel, and from which it has hitherto
been saved by the restrainmg inilueuce of the British Government,
exercised "from Natal by Her Majesty's representative in that
colony, in the hope, yet imfulfiUed, that a frendlj^ iinderstandiug
might be arrived at between the Government of the Transvaal and
the complaining native chiefs ;
That the Secococni war, which would have produced but little
effect upon a healthy constitution, has not only proved suddenly
fatal to the resources and reputation of the llcpublic, but has shown
itself to be a culminating point in the history of South Africa, in
that a Makatee or Basuto tribe, unwarlike, and of no account in
Zulu estimation, successfully withstood the strength of the state,
and disclosed for the first time to the native powers outside the
Ilepublic, from the Zambesi to the Cape, the great change that
had taken place, in the relative strength of the white and the black
races ; that this disclosure at once shook the p res Lige of the white
APPENDIX 343
mau in South Africa, and placed eyery European coiuniuuily in
peril, tliat this common danger has caused universal anxiety,' has
given to all concerned the right to investigate its causes', and to
protect themselves from its consequences, and has imposed the
duty upon those whohave the power to shield enfeeljled civilization
from the encroachments of barbarism and inhumanity ;
And whereas the inherent weakness of this Government and
state from causes above alluded to, and brielly set I'ortli, and the
fact that the past poUcy of the Republic has not only failed to con-
ciliate the friendship and goodwill, but has forfeited tbe respect of
the overwhelming native populations within and beyond its boun-
daries, which together probably exceed one and a half millions,
render it certain that the Transvaal will be tlie lirst to suiter from
the consequences of a pressure that has already reduced its political
life to so feeble a condition.
And whereas the ravaging of an adjoining friendly state by
warlike savage tribes cannot for a moment be contemplated by
Her Majesty's Government without the most earnest and painful
solicitude, both on account of the miseries which such an event
must inflict upon the inhabitants of the Transvaal, and because
of the peril and insecm-ity to which it would expose Her Majesty's
possessions and subjects in South Africa, and seeing that the
circumstances of the case have, from the inherent weakness of the
country already touched upon, become so grave, that neither this
country nor the British colonies in South Africa can be saved from
the most calamitous circumstances except by the extension over this
state of Her Majesty's authority and protection, by means of wliicli
alone oneness of purpose and action can be secured, and a fair
prospect of peace and prosperity in the future be established ;
And whereas I have been satisfied by the numerous addresses,
memorials, and letters which I have received, and by the; abundant
assurances which personal intercourse has given me, that a large
proportion of the inhabitants of the Transvaal see in a clearer and
stronger light than I am able to describe them, the urgency and
imminence of the circumstances by which they ai-e surrounded,
the ruined condition of the country, and the nbsence within it of
any element capable of rescuing it from its depressed and afllicted
state, and therefore earnestly desire the estabhshment Avithin and
over it of Her Majesty's authority and rule ; and A\hereas the
Government has been unable to point out or dcA-ise any means by
which the country can save itself, and as a consequence relieve
the other white communities of South Africa from the danger of
the dire events, certain speedily to result from the circumstances
by which it is surrounded, andean entertain no reasonable hope
that it possesses, or is likely under its present form of Government
to possess the means to raise itself to a safe and prosperous
condition.
344 APPENDIX
And whereas the emergency seems to me to be such as to render
it necessary in order to secure the peace and safety of the
Transvaal territory as well as the peace and safety of Her Majesty's
colonies and of Her Majesty's subjects elsewhere that the said
Transvaal territory ahould provisionally and pending the
announcement of Her Majesty's pleasure be administered in Her
Majesty's name and on her behalf;
Now, therefore, I do, in virtue of the power and authority
conferred ui)on me by Her Majesty's Royal Commission, dated at
Balmoral, the fifth day of October, 1876, and published herewith,
and in accordance with instructions conveyed to me thereby and
otherwise, proclaim and make known that from and after the
publication hereof, the territory heretofore known as the South
African Ilepublic, as now meared and boimded, subject however
to such local modifications as may hereafter appear necessary, and
as may be approved of by Her Majesty, shall be and shall be taken
to be British territory, and I hereby call upon and require the
inhabitants of the Transvaal, of every class and degree, and all
Her Majesty's subjects in South Africa to take notice of this my
Proclamation and to guide themselves accordingly.
And I hereby further proclaim and declare that I shall hold
responsible all such persons who in the Transvaal shall venture
opposition, armed or otherwise, to Her Majesty's authority hereby
proclaimed, or who shall by seditious and imflammatory language
or exhortations or otherwise incite or encourage others to offer such
opposition, or who shall injure, harass, disturb, or molest others
because they may not think with them on political matters, and I
do warn all such that upon conviction of any of the above offences
they will be liable to the severe penalties which the law in such
cases ordains; and I hereby appeal to and call upon the orderly,
right-thinking, and peace-loving people of the Transvaal to bo
aiding and supporting Her Majesty's authority.
And I proclaim further that all legal courts of justice now in
existence for the trial of criminal or civil cases or questions are
hereby continued and kept in full force and effect, and that all
decrees, judgments and sentences, i*ulcs and orders, lawfully made
or issued, or to be made or issued by such courts shall be as good
and valid as if this Proclamation had not Ijeen published ; all civil
obligations, all suits and actions civil, criminal, or mixed, and all
cruninal acts here committed which may have been incurred,
commenced, done, or committed before the publication of this
Proclamation, but which are not fully tricid and determined, may
be tried and determined by any such lawful courts or by such
others as it may be found hereafter necessary to establish for that
purpose.
APPENDIX 345
And I further proclaim and make known that the Transvaal will
remain a separate Government, with its own laws and Icf,'islature.
and that it is the wish of Her Most Gracious Majesty thai; it shall
enjoy the fullest legislative privileges compatihle with the circum-
stances of the country and the intelligence of its people. That
arrangements will he made by which the Dutch language will
practically be as much the official language as the English ; all
laws, proclamations, and Government notices will be pubhshed in
the Dutch language ; in the Legislative Assembly members may
as they do now use either language ; and in the courts of law the
same may be done at the option of suitors to a cause. The laws
now in force in the State will be retained until altered by competent
legislative authority.
Equal justice is guaranteed to the persons and property of both
white anfl coloured ; but the adoption of this principle docs not
and should not involve the granting of equal civil rights, sucli as
the exercise of the right of voting by savages, or their becoming
members of a legislative body, or their being entitled to other civil
privileges which are incompatible with their uncivilized condition .
The native tribes living within the jui'isdiction and under the
protection of the Government must be taught due obedience to
tlie paramount authority, and be made to contribute their fair
share towards the suj^port of the state that protects them.
All private bond fide rights to property, guaranteed by the
existing laws of the country, and sanctioned by them, will be
respected.
All officers now serving the Government, and who may be able
and willing to serve under the altered circumstances of the
country, shall be entitled to retain their positions, and such rights
as their positions now give them.
All bond fide concessions and contracts with Governments, com-
panies, or individuals, by which the State is now bound, will be
honourably maintained and respected, and the payment of tlie
debts of the State must be provided for.
The appouitments or licenses, in virtue of wliich attorneys,
land surveyors, and others are entitled to ])ractise their callings
shall be respected in accordance with the terms and conditions of
such appointments or hcenses.
GOD SAVE THE QUEEN.
Given under my hand and seal at Pretoria, in the South Afiican
Republic, this twelfth day of April, in the year of our Lord one
thousand eight hundred and seventy-seven.
T. Shepstone,
Her Majesty's Special Commissioner.
By command of His Excellency,
M. OsBORN, Secretary.
^OFCAiim%
University of California Libraiy
Los AngeJes
■Iililk22li£DUEonthe Jast date
-..nFTA
-<s^
L 006 479 557 8
1
UC SOUTHERN REGIONAL LIBRARY FACILITY
^.
?"J
AA 000 997 439 5 mju\ M
i il5
-<^l
^-
!DNVS01^
JBRARY-Or
5 y(« 1
.^WE•l)NIVEf
ll
CA. 5
iC3A>S
g V *^ y 11 =c
"^SJmtNM
.^
OF
PI
KK,;^
E'^'a