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To Administrator Sir Alfred Milner. To the .Vborigines Pro- tection Society. Aborigines Society. Ditto Protection To Aborigines Protection Society. The South African Native Haces Committee. 1900. November 9 December 8 1901. Januarj' 11 January 21 January 2C> February 14 February 22 Mareli S April 4 June 19 Subject. Page. Treatment and Rights uf Native Rairs. Submits their views Asks for permission to lay their views | 2 before Her Majesty's Government. Submits their views States that the (juestiou is under the consideration of Sir Alfred Milner, and will receive the most careful attention of Her Majesty's Govern- ment. Encloses copies of Nos. 1 and 4, and asks whether he has considered wliat changes are necessary in the legislation of the new Colonies in order to bring the position of natives in those Colonies into line with their position elsewhere in South Africa. States that the question is under the consideration of the High Com- missioner, and will receive the most careful attention of His Majesty's tiovernment. Acquaintance of Administrative Officers with Native Dialects. Points out the desirability of such a knowledge. Encloses coi)y of correspondence with the War Oliice im tlie subject. States what has been doue in West Africa : Sir A. Milner's attention is being invited to the iiuestion as regards South Africa. Future Pusitiun of Natives in lite Transvaal ami Orange River Vuloni/. Forwards copy of a letter from the l{tv. J. S. MofTat", giving his views. 10 11 10661— 2:.iiii— 1/1902 G 28S WtllCfi) I> .V: .S IV 11 High Commissioner Lord Kitchener. 12 To the South African Native Races Com- mittee. 1901. June 7 (Rec.June29) 13 ToS Administrator Lord Kitchener. 14 Administrator Kitchener. Lord 15 Ditto Julv4 16 Ditto August 2 Telegram 1. August 5 (Rec. Aug. 5) Telegram 1044. July 19 (Rec. Aug. 12) July 26 (Rec. Aug. 17) 17 To Administrator Lord i August 17 Milner. I 18 Administrator Lord Milner. December 10 (Rec. Dec. 11.) Telegram 557i " The Natives of South Africa." Forwards copy of a letter from the Honorary Secretary, South African Native Races Committee, transmitting, with remarks, an advance copy of "The Natives of South Africa," together with copy of the reply. Future Position of the Natives iti the Transvaal and Orange River Colony. States that the question of the position of natives in the Transvaal and Orange River Colony is being carefully con- sidered, and that due attention will be paid to the views of competent authorities who are in a position to speak for the natives. Flogging of Natives. Learns with satisfaction that the penalty of lashes under the Pass Law has been abolished. Enquires whether similar action is being taken under the Gold Law. States that the Proclamation abolishing lashes under Pass Law does not deal with sections of Gold Law referred to ; gives views of Legal Adviser on the question. Forwards copy of a Minute by the Legal Adviser to the Transvaal Administra- tion dealing w-ith the penalties under the Pass Law and Gold Law of the Transvaal ; states that a Proclamation will shortly be published abolishing lashes for contraventions of the pro- visions of the Pass Law, except section 18 of the Pass Law on Gold Fields, 189'J. Transmits a Proclamation abolishing the penalty except in case stated. Administration of Justice to Natives. Notes with satisfaction the decision of the Administration of the Transvaal with regard to corporal punishment, but requests a report as to whether the flogging of natives under the Paes Law and Gold Law of the late South African Republic might not be alto- gether abolished. Native question. Reports issue of proclamations affeciing the Dosition <>f natives. 12 14 14 14 15 16 17 18 Herial No. lit 20 21 22 From or to whom. All in i 11 ist r;i tor Lonl Miliirr. Ditto l)itt( To All mill i.strator Milner. Date. Subject. Page. 1901. Position of nalire labourers in the Transvaal. nl Noveml)er 29 (Rec. Dec. 23.) Encloses drafts of proclamations which he is about to issue. 1.S Position of niitins. DecembtT 6 (Rec. Dec. 2«.) Submits observations on the general question. 21 1902. December U, 1901. (Rec. Jan. 9,1902.) Transmits copies of a Gazette proniul- gating the Prochuiiations of which drafts were enclosed in No. 19. 29 Lord .lanuary 21 Approves measures submitled, and Telegram 5. ' concurs generally in Administrator's I statement of principles which are to guide the native policy of the Administration. 15 Appkndix containing comparative statement of penalties on Natives under the Pass Law of the 4ii Transvaal. 10664 TRANSVAAL. PAPEKS RELATING TO LEGISLATION AFFECTING NATIVES IN THE TRANSVAAL. No. 1. BRITISH AND FOREIGN ANTI-SLAVERY SOCIETY to COLONIAL OFFICE. (Received November 10, 1900.) \_Ansivere'i by JS'o •!.] British and Foreign Anti-Slavery Society, 55, New Broad Street, London, E.C., Sir, November 9, 1900. Now that the war in South Africa is drawing so near its close, and the time for a settlement of affairs in that country is approaching, the committee of this society desire to express to Her Majesty's Government their deep sense of the miportance of the question of the treatment and rights of the native races of South Africa, and of the unique opportunity which is now offered for a broad and comprehensive settlement of this difficult question, and for a decisive declaration against all native slavery, under whatever form of compulsory labour it may be disguised. They beg to be allowed very briefly to place their views before Her Majesty's Government. It is well known, and has been admitted by the Prime Minister, that in past struggles in South Africa the interests of the natives, who form such a large proportion of the whole population, have been either entirely overlooked, or regarded only in so far as they are necessary to the welfare of the white settlers. The treatment of the Blacks by the Boers in the Transvaal is well known to have been utterly lacking in humanity ; the Uitlanders have, speaking generally, accepted the Boer way of dealing with them, and their treatment by British Colonists, it is to be feared, has not been in practice much better, for the native, whose labour is indispensable to the white man, has been exploited by him for the purpose of obtaining cheap labour, and con- demned to a lot which is one of oppression and servitude. The committee respectfully submit that the Britisli Government and people have a very deep responsibility to tliese black subject races, who have no means of helping themselves or of presenting their own case ; and they venture to point out that if their rights arc to be accorded to the natives, the administration must be subject to control by the Imperial Government and must not be left to Colonial sentiment. The committee therefore earnestly urge Her Majesty's Government to take ad- vantage of this opportunity to settle permanently and declare publicly the rights of all the natives south of the region of the Zambesi, wherever the British flag flics. It is submitted that it is in the highest degree necessary to provide safeguards, especially in mining districts, against the appearance of slavery under the form of apprenticeship, " labour taxation," and the oppressive exercise of Pass and Compound systems which are liable, if not strictly kept within due limits, to gi'oss abuse. 10fi5» A. 2 The committee beg to press upon Her Majesty's Government the desirability of the total abolition, along with slave trading and slavery, of all serfage, forced labour and all other forais of involuntary ser\dtude, by whatever name it may be known ; and urge that the natives shall enjoy full personal liberty. The committee further venture to recommend the setting apart of certain Reserved Districts for the native communities, into which natives shall be invited to settle, and from which Europeans, except those who are specially authorised, shall be excluded; such reserves to be under the administration of specially appointed British officers. They respectfully ask for a declaration that the natives shall have and enjoy the following privileges, which are enjoyed by the natives of India, under Her Majesty's Proclamation of 1858, namely: — Freedom of religion, property in land, chattels and cattle, rights of marriage, freedom of locomotion, of assembly, and of the press, equality with Euro- peans in Courts of Justice. They would recommend the appointment of special British officers to protect the interests of those natives who live among Europeans, and to maintain supervision over all contracts between employers and employed. They venture to point out that it is of the first importance, not only for the natives themselves, but also for the Colonists who associate with them, that the black races shall be raised to a higher level of morals and civilization, that if they are sacrificed to the greed of mine owners and other employers of labour, the effect on all classes of society is disastrous. The utmost care, therefore, should be taken that the conditions of native labour may not be such as to reduce the labourers to servitude with its attendant evils. Finally, the committee would submit that this is an Imperial and not a Colonial question, for no Colony or Colonists yet exist in the conquered provinces of the Trans- vaal and the Orange River State. But for the success of the British arms these territories would have passed away from the control of Great Britain and her South African Colonies. It is clear that the right to impose involuntary servitude upon the native races was an early and leading cause of the feud between the English and the Boers. And now is the time to declare that such rights on the part of the white races of the community over the coloured races cannot be tolerated in the remotest degree. The committee earnestly hope that this whole question may be treated in an im- partial spirit, worthy of the country which, at great cost, decreed the abolition oi slavery in its possessions in the earlier years of the century. On behalf of the Committee, "We have &c. THOMAS FOWELL BUXTOn!' President. TRAVERS BUXTON, Secretar\'. No. 2. ABORIGINES PROTECTION SOCIETY to COLONIAL OFFICE. (Received December 10, 1900.) \^Ansivered by No. 6.] Aborigines Protection Society, Broadway Chambers, Sir, Westminster, S.W., December S, 1900. With reference to a communication* which I had the honour of forwarding to vou, on behalf of the Aborigines Protection Society, on 11 May concerning the treatment of natives in South Africa, and also to the statement made by you in the House of Commons on 7th instant as to contemplated administrative arrangements in the Transvaal and Orange River Colonies, I am to aslc that you will be good enough to allow our Committee to submit to you, by deputation or otherwise, its views in regard, especiallv, to the position and claims of the native population resident in or imported into • Not printed. the portions of South Africa, formerly under the Boer rule, of which her Majesty's Government has acquired dii*ect and exclusive control. It appears to our Conimittee veiy important that, in the interests of the natives, the great changes affecting their condition and prospects, which are expected to result from the recent war, should from the first be directed on lines equitable to them and without such hindrance or perversion as may be feared in the event of questions as to their jjosition being left in abeyance while more general questions, political and military, are being dealt with. It is submitted that there are grounds for alarm, in this respect, in announcements that have recently been pul>licly made by representatives of the employers of native labour in South Africa as to proposals which, if allowed to take etfect, cannot fail to have grave consequences in other parts of the country as well as in the mining districts of the Transvaal. For this reason, our Committee will be grateful to you for permission to lay its views on the subject before Her Majesty's Government at an early date. I have, &c., H. R. FOX BOURNE, Secretary. The Right Honourable Joseph Chamberlain. No. 3. THE ABORIGINES PROTECTION SOCIETY to COLONIAL OFFICE. .(Received January 12, 1901.) [Answered by No. 6.] Aborigines Protection Society, Broadway Chambers, Sir, Westminster, S.W., January 11, 1901. I HAVE the honour, by direction of the Committee of the Aborigines Protection Society, and with reference to my letter of 8th December,* to submit to you the following remarks as to tlie position and claims of the native population in the Transvaal and Orange River Colonies. It is the earnest hope of our Committee that the arrangements which, as you announced in the House of Commons on 7th December, are now being made for establishing in these territories such orderly government as may conduce to the pros- perity of all sections of their white inhabitants, will be accompanied by arrangements no less effective in the interests of the natives, including those whose protection, as you pointed out in the House of Commons on 19th October, 1899, had been undertaken when the Transvaal was annexed in 1881. " Those natives," you then said, " had been our subjects. They were the majority of the inhabitants, and we retroceded to the Transvaal the subjects whom we had promised to protect. How have wc kept our promise ? The treatment of the natives of the Transvaal has been disgraceful ; it has been brutal ; it has been unworthy of a civilised power." Whatever may be the measure of blame attaching to the administrators of the South African Republic, and to those responsible not only for its reconstruction, but also for enforcement of the provisions as regards the treatment of natives which were included in the Conventions of 1881 and 1884, our Conimittee cannot doubt that it is the intention of Her Majesty's Government now to lay down an equitable and satisfactory policy. It ventures respectfully to urge, however, that for the successful initiation and carrying out of such a policy it is necessary that elTicient precautions shall be taken against the tolerance of evils, akin to those which, under somewhat similar conditions, have arisen elsewhere. It is understood that proposals have been put forward by the owners of mines in the Transvaal with a view to obtaining the assistance of Her Majesty's Government • No. 2. 106B4 A I in facilitating the supply of native labour by methods resembling those contemplated and already partly in operation in Khodesia. Against these proposals and against all projects tor subordinating the legitimate interests of the natives to the alleged requirements of European employers of labour, our Committee strongly protests. Although questions affecting the prospects of natives in the mining districts of the Transvaal may be of most immediate mipoi'tance, it is submitted that an equitable adjustment of the clauns of other coloured inhabitants oi this and the adjacent territory, who are probably ten tunes as numerous, is no less necessary. In the northern and eastern portions of the Transvaal, especially in the Zoutpans- berg District, there are at least half a million survivors of tribes that, in spite of frequent and cruel attacks upon them in 1893 and the following years, appear to be in ahnost the same condition as when the Earl of Kimberley stated, in his despatch of 3lst March, 1881, to Sir Hercules Robinson, that " the authority of the Boers was at the time of the annexation scarcely acknowledged," and that " the Boers laid claim to the country and formerly held parts of it, but had been gradually pushed back by the natives, who had virtually regained their independence." Our Committee asks that no tune may be lost in delimiting these districts, and placmg them, with such sub-division, into administrative areas, as may be found expedient, under control by representatives of the Crown which shall be as generous and shall aiford at least as much opportunity for self-government in all local concerns as that which has been so signally successful in Basutoland since its establishment as a Crown Colony in 1884. The essential conditions of such control are, in the opinion of our Committee, that the institutions of the inhabitants shall be in no way forcibly interfered with except so far as interference may be absolutely necessary for maintenance of peace and good order among them; that their systems of land tenure and tribal organization shall not be disturbed; that they shall not be coerced into supplying more labour in the mmes and elsewhere than they intelligently agree to; that they shall be protected by the Government as regards the performance of any labour contracts entered into by them ; and that the only hut tax or other administrative charge laid upon them shall be such as is requisite to defray the actual cost of their government in methods approved by them and serviceable to them. Both in Swaziland, which was placed under the protection of the South African Republic in 189-4, and in the portion of Zululand known as the New Republic, which was incorporated with the South African Republic in 1836, the condition of the natives calls for special consideration. As regards the latter, if it is not now possible to restore to them the lands of which they were deprived, it is hoped that steps will be taken to place them on an equal footing with their kinsmen in the fragment of Zululand which was handed over to Natal in 1897. As regards the former, it is hoped that they will be rescued from the arbitrary and unjust arrangements into which, with the sanction of British Authorities, they were enticed and coerced in the course of the twelve years preceding the formal appropriation of their country by the Transvaal Government. With reference to the natives who have hitherto been in the service of Boer farmers, and who probably number from a fourth to a third of a million, it is the earnest hope of our Committee tliat, under the British rule, to which they are now to be subject, they will be relieved from oppressive arrangements, which have kept them in a more or less servile condition, and have made it diflicult, if not impossible, for them to obtain even such legal protection from tyrannical masters as has been theoretically allowed to them. At the same time, it appears to our Committee not less important that no change should be made in their condition which would deprive them of such advantages as are incident to it; and that while their right to share in all the benefits of the civilisation with which they are brought into contact should be clearly recognised and upheld, no compulsion should be made, either in their own alleged interests or in those of the white settlers. Alike m tlie farms and in th^ towns, it is submitted, no more native residents should be encouraged than suitable occupation can be found for under arrangements freely agreed to by themselves and conducive to their welfare, ample space being reserved in the outlying districts for all those who do not care to exchange their own institutions for participation in the life of more civilised communities. While urging Her Majesty's Government to make adequate provision for the ))rotection of the large majority of the native population with whom few but the Boer Residents in the Transvaal and the Orange State have hitherto had much to i 5 do, and for the safe-guarding of whose interests Great Britain has now again become directly responsible, our Committee asks that a like policy may be zealously pursued in respect of the natives recruited, for the must part from outside countries, for work in connection with the gold mines of the Johannesburg and other districts. Recent evidence of demands repeatedly put forward by the representatives of mining concerns in the Transvaal was furiiislied at the annual meeting of the Con- solidated Gold Fields of South Africa Company on Gth November last, when its chair- man, Lord Harris, stated that Her Majesty's Government had been requested and was expected to take upon itself the duty both of collecting and importing native labour and of " distributing it evenly between the various mines,'" and also, in addition to more stringent pass-laws and enforcement of the existing liquor laws, to compel natives to work for terms of at least three months under the same employers. That these and all such demands are merely continuations and developments of proposals that their authors made with but partial success to the late Government of the Transvaal is shown b}^ the report of the Industrial Commission of Inquiiy held at Johannesburg in 1897, when one of the witnesses, Mr. C. S. Goldman, said, in reference to the Pass-law of 1896, which has been condemned as an instance of Boer oppression of natives, " I wish to point out that it came into existence at the request of the mining industry, that the law was framed by the mining mdustry, that it was the mining industry that solicited the Government to pay consideration to the proper carrying out of the law." Another witness before this Commission, Mr. G. A. Denny, thus summed up the main objects aimed at by the mine ow^ners in all their Appeals to the Government of the South African Republic, while it w^as in existence, and still avowedly sought after, "The pay of the kaffir should be reduced by nearly one-half of its present rate. The one final method of reducing kaffir pay rests with the Government. It has the power to create laws which shall compel every able-bodied kafhr to perform a given amount of work per annum." I am to submit to you that all such proposals and suggestions as the above are opposed to the legitimate interests of the white population m the Transvaal, as well to those of the natives there resident or miported into it ; and that it is the duty of Her Majesty's Government to exert the authority it has taken upon itself, not in forcing these natives into a state akin to that of slavery, but in protecting them from the undisguised endeavours of the mine owners and others so to force them. In the opinion of our Committee, the only pass-law adopted should be one that, conforming to the intention of the originators of the system in Cape Colony, will really facilitate the free movement from place to place, and the intercourse with white men of all natives whom there may not be good reason for excluding from such inter- course, and no other special legislation affecting natives is called for or warranted than that which will ensure them against persecution or contamination by white employers. While it is unportant that the Transvaal Liquor Law of 1897, as yet rarely acted upon, should be honestly carried out, and that other precautions should be taken to save ignorant natives as far as possible from the temptations to which they are exposed through association with white people, it is still more important that their ignorance and other defects and infirmities should not be taken advantage of, either with legal sanction and assistance, or in contempt of the law by those who claim to be tlieir superiors. In so far as Her Majesty's Government may deem it expedient to regulate the arrangements for the employment of native labour in the mining districts and other white settlements, and for its collection either from outlying portions of the Transvaal or from more distant parts of South Africa, our Committee ventures to hope that equitable treatment of the natives will be its first con^^ideration, and one that no supposed advantages to the mine owners and others from an unjust policy will be allowed to influence. I have, &c., H. R. FOX BOURNE, Secretarv. No. 4. COLONIAL OFFICE to the BRITISH AND FOREIGN ANTI-SLAYERY SOCIETY. Sir, Downing Street, January 21, 190L I AM directed by Mr. Secretary Chamberlain to acknowledge the receipt of your letter of the 9th of November* respecting the future treatment of the native races of South Africa in the new colonies. I am to request you to inform the Committee of your Society that the question of the position of the natives in the Orange River Colony and the Transvaal is under the consideration of Sir Alfred Milner, and will receive the most careful attention of Her Majesty's Government, who are anxious that the interests and welfare of the native population should be properly safegiiarded. I am to add that a copy of your letter has been transmitted to the High Com- missioner. I am, &c. H. BERTRAM COX. No. 5. Mb. chamberlain to Administrator Sir ALFRED MILNER. [Atiswered by No. 20.] Sib, Downing Street, January 26, 1901. With reference to my despatch of the 7th of September, 1900,f I have the honour to transmit to you, for your consideration, the accompanying copy of a correspondence^ with the British and Foreign Anti- Slavery Society on the subject of the treatment and rights of the native races in South Africa. I shall be glad to learn whether you have considered what changes are necessary in the legislation of the Transvaal and of the Orange River Colony, in order to bring the position of the natives in those two Colonies into line with their position elsewhere in South Africa, and to receive any recommendations on this subject which you may desire to make, having regard to opinion both in the Colonies and in this country. I have, &c., J. CHAMBERLAIN. No. 6. COLONIAL OFFICE to THE ABORIGINES PROTECTION SOCIETY. SiK, Downing Street, February 14, 1901. I AM directed by Mr. Secretary Chamberlain to acknowledge the receipt of your letter of the 11th ultimo, § on the subject of the position and claims of the native population of the Orange River Colony and the Transvaal. • No. 1. t Not printed. J Nos. 1 and 4. § No. 3. I am to request that you will infonn the Committee of your Society that the question of the position of the natives in the new Colonies is under the consideration of the High Commissioner, and will receive, as soon as their civil administration can be organised, the most careful attention of His Majesty's Government, who are anxious that the interests and welfare of the native population should be properly safeguarded. In your letter of the 8th of December* you stated that the Committee were anxious to lay their views on the subject before Her Majesty's Government at an early date. Mr. Chamberlain was about to request the Committee to put their views in writing, when your second letter was received, and, as he presumes your letter now under reply contains a full expression of those views, he has transmitted copies of both letters to the High Commissioner for consideration in connexion with a letter on the same subject recently received from the British and Foreign Anti-Slavery Society. I am, &c., H. BERTRAM COX. No. 7. ABORIGINES PROTECTION SOCIETY to COLONIAL OFFICE. (Received February 23, 19U1.) [Afiswered by No. 9.] Aborigines Protection Society, Broadway Chambers, SiK, Westminster, S.W., February 22, 190L 1 HAVE the honour, by direction of the Committee of the Aborigines Protection Society, to submit to vou, for the consideration of His Majesty's Government, the foUcjwing remarks as to the importance of holders of administrative posts in Africa being acquainted with the languages and dialects of the native communities controlled or influenced by them. 2. It is submitted that official and other publications afford abundant e^'idence of the dangers constantly incurred, and the mistakes fretpientiy made, in the administration of districts already under British rule, as well as in dealings with tribes merely within the sphere of British influence, through the inability of representatives of the Crown to make intelligil)le to them its requirements. Without direct conversation and intercourse with the natives, it is not easy for the confldence in our rule which is necessary for its pacific acceptance to be secured ; and so long as responsible officials are ignorant of the languages spoken in the districts committed to their care, the}' will inevitably be more or less at the mercy of subordinate interpreters, whether Europeans or natives, conqiaratively irresponsible, on whose accuracy and good faith absolute reliance ought not to be placed. Our Committee has strong grounds for believing that in many instances grave failures in the administration of justice and the conduct of negotiations have resulted from such subordinates being in a position to mislead their employers. 3. Although the languages spoken in Africa are very numerous, and although familiarity with their details cannot be exf)ected from officials, otherwise competent representatives of the Crown, who are liable to frequent transference from one locality to another in other parts of His iVIajesty's dominions as well as in Africa, it is submitted that there are jirobably not more than three or four fundamental forms which those acquainted with them could readily utilise in acquiring such knowledge of local variations as would suffice for the proper exercise of ativ administrative functions that mav devolve upon them. It is this general and intelligent ac((uaiutance with the fundamentals of African • No. 2. vernaculars that our committee now ask His Majesty's Government to require from all to whom it assigns responsible positions in Africa. 4. Our committee has had before it several instances of officers or civilians deputed for service in South Africa and other parts who are anxious to prepare themselves for efficient performance of their duties by familiarising themselves with the languages of those with whom they will be in contact, and efforts to supply this demand are now being made at King's College, London, and elsewhere. Any encouragement that His Majesty's Government may see its way to give, perhaps by small subsidies, as well as in other ways, cannot fail to be very helpful. 5. I am to point out that the policy here urged has been found essential to the successful administration of British India, and that the Secretary of State for War offers additional stipends or gratuities for proficiency in the Russian, Arabic, Turkish, Chinese, Indian, Cingalese and other languages, as well as in the dialects used in Hong Kong, the Straits Settlements, and Mauritius : also that great benefits are attributable to the selection of military officers acquainted with Arabic for service in civil and other capacities in East Africa and elsewhere. Of these languages Arabic alone is of any importance in Africa, and acquaintance with it, even in North Africa, is of much less value than would be familiarity with the vernaculars of the great majority of the population. It is hoped that His Majesty's Government will see its way to make arrange- ments on similar lines for promotion if not insistence upon the acquisition of a sufficient acquaintance with the fundamentals of the Bantu, Negro and other languages and dialects spoken in South, West and East Africa. 6. Our committee is aware of the serious difficulties in the way of complete adoption of the course here suggested. But, with confidence that great benefit would result from even tentative measures, encouraging, and perhaps subsidising, acquaintance with the principal languages of Africa by all officials deputed to responsible admini- strative positions in that continent, it respectfully and earnestly invites the favourable consideration of its suggestion by His Majesty's Government. I have, &c., H. R. FOX BOURNE, Secretary. No. 8. ABORIGINES PROTECTION SOCIETY to COLONIAL OFFICE. (Received March 9, 190L) [Anstvered by No. 9.] Aborigines Protection Societ}', Sir, Broadway Cham.bers, Westminster, S.W., March 8, 1901. With reference to my letter of 22nd February*, as regards the importance of holders of administrative posts in Africa being acquainted with the languages uf the native communities under their control, I have the honour, by direction of the Committee of the Aborigines Protection Society, to invite Jlr. Secretary Chambuiain's attention to the enclosed copy of correspondence between it and the Secretary of State for War. I have, &c., H. R. FOX BOURNE. No. 7. Enclosure 1 in No. 8. Aborigines Protection Society to War Office. Aborigines Protection Society, Sir, Broadway Chambers, Westminster, S.W., February 22, 1901. I UAVE the honour, by direction of the Committee of the Aborigines Protection Society to invite your attention to the enclosed copy of a letter which has been addressed to the Secretary of State for the Colonies. As His Majesty's Forces are now largely employed in Africa, and as grave and various responsibilities in dealing with native chiefs and tribes devolve on their officers in their military capacity, as well as in the administrative posts to which many of them are temporarily transferred by arrangement with the Foreign and Colonial Departments, I am respectfully to submit to your consideration the expediency of adding the principal African languages to those for acquaintance with whi(;h, on the part of officers and others in His Majesty's service, encouragement is offered in Articles 205, 223a, 370, 614, 737a, 786a, and 126iA of the Royal Warrant. I have, &c., H. R. Fox Bourne, Secretary. The Secretary of State for War. Enclosure 2 in No. 8. War Office to Aborigines Protection Societv. Sir, War Office, London, S.W., March 2, 1901. With reference to your letter of the 22nd ultimo, conveying the suggestion that rewards should be offered with a view to encouraging the study by officers and others in His Majesty's service of the principal African languages, I am directed by the Secretary of State tor War to acquaint you that Mr. Brodrick and the Commander-in-Chief are quite prepared to consider the advisabilit)' of adding the principal African languages to those for which rewards are given but they would be glad, in the lirst instance, to be favoured with the opinion of your Committee as to what languages it is proposed should be studied. I have, &c., A. M. Delavoye, Col. A.M.S. The Secretary, Aborigines Protection Society, Broadway Chambers, Westminster, S.W. Enclosure 3 in No. 8. Aborigines Protection Society to War Office. Aborigines Protection Society, Sir, Broadway Chambers, Westminster, S.W., March 8, 1901. I have the honour, by direction of the Committee of the Aborigines Protection Society, to acknowledge the receipt of your letter of the 2nd insfcmt, and, in doing so, to thank the Secretary of State for War for his favourable consideration of its suggtistion as to the encouragement of the study of African languages by officers who may be employed in the countries in which they are spoken. 10664 B 10 In answer to the request conveyed in your letter, T am to state that, in the opinion of our Committee, acquaintance with the Zulu, Swahili, Somali, Yoruba, and Hausa languages appears to be especially desirable in view of the objects aimed at in its appeal. Without entering into details, which our Committee will be glad to furnish if desired, and with deference to the views of expert authorities whom His Majesty's Government may wish to consult, lam briefly to submit that, according to -ts information, acquaintance with the five languages named may be expected to be most serviceable for the reasons that they are (1) in use among the most numerous African communities with which British administrators are at present in contact ; (2) the most serviceable as keys or preliminaries to an understanding of local dialects and variations which may be easily acquired by those familiar with them ; and (3) within easiest reach of study througii text-books and teaching appliances at present available. It is submitted (1) that a familiarity with Zulu would open the way to com- prehension of nearly all the dialects spoken by the Bantus south of the Zambesi, and also in British Central Africa ; (2) that Swahili, though it may be an inferior Bantu dialect, is the one most widely used in Central Africa ; (3) that the Somali language appears to suj)ply the basis for acquaintance with the Hamitic languages that are most in vogue on both sides of the Nile ; (4) that Yoruba is presumably the most widely used, if not also the most fundamental, of the languages spoken by the pagan communities in West Africa ; and (5) that the Hausa language is already recognised as the most important medium of communication among the Mahommedan communities in and near West Africa, and over whom British influence is rapidly extending. I have, &c., H. R. Fox Bourne, Secretary. The Under Secretary of State for War. No. i». COLONIAL OFFICE to ABORIGINES PROTECTION SOCIETY. Sir, Downing Street, April 4, 1901. I AM directed by Mr. Secretary Chamberlain to acknowledge the receipt of your letters of the 22nd February and 8th March,* with regard to the importance of a knowledge of native languages in connection with the administration of territories in Africa. 2. Mr. Chamberlain agrees with the Aborigines Protection Society in thinking it verv important that the holders of administrative posts should be acquainted with the languages of the native communities, and the matter has not failed to engage the attention of the local eovernments in West and South Africa. 3. In West Africa the Governments of the Gold Coast and Lagos have for some years past encouraged the study of the Haiisa and Y'oruba languages, and also of the Fanti or Tchie and the Accra or Ga languages, by offering gratuities to officers who have acquired a certain proficiency in them and by giving preference in cases of promotion to such officers, and in Nigeria it is now proposed to encourage the study of Nupe as well as Hausa and Yoruba ; but as the Society is no doubt aware, the ordinary difficulties of securing proficiency in native languages, which have no currency or use outside a limited district, are greatly increased in West Africa by the fact that owing to the climatic conditions the European officials are unable to settle in the country and make it their home. 4. As regards South Africa I am to add that Sir A. Milner's attention is being invited to the Society's representation. I am, &c., H. BERTRAM COX. • Nos. 7 and 8. 11 Xo. 10. THE SOUTH AFRICAN NATIVE RACES COMMITTEE to COLONIAL OFFICE. (Received June 20, 1901.) [Answered by No. 12.] Sir, 15, Dean's Yard, Westminster, S. W., June 19, 1901. I HAVE the honour to enclose a copy of a letter which the South African Native Races Coniniittee has received from one of its South African Members, the Reverend J. S. Molfat, C.M.G., in reference to the future position of the Natives m the Transvaal and Orange River Colonies. Mr. Moflfat's qualifications to speak. on the subject are, no doubt, v\rell-known to you. As a Resident Magistrate, and as a missionary he has had an exceptionally wide knowledge of Native Affairs ; and he appears to represent a considerable and im- portant body of opinion in South Africa. In respectfully calling your attention to his letter we would venture to ask that the views which he expresses may receive care- ful consideration. I should mention that we propose to forward copies of Mr. Moffat's letter to Lord Milner and Six Godfrey Lagden. I have, &c., ALFRED F. FOX, Joint Hon. Secretary. Enclosure in No. 10. Reverend J. S. Moffat, Cape Town, to the South African Native Races Committee My Dear Sir, Mowbray, Cape Town, May 29, 1901. When your circular of May 3rd reached me by last week's mail, I was just on the point of writing to ask your assistance. There has been a movement here, not denominational or even distinctly clerical to address the Colonial Secretary in a memorial signed by ministers of religion and leading laymen ; not a great nmnber ot persons, but rather a smaller collection of well-known and representative people. There has been a general and willing response, but difficulty and delay have arisen in settling the exact terms of the address, and the vastness of the area over which cor- respondence has to be conducted makes the process a slow one. The main idea, upon which all are substantially agreed, is to impress upon the Imperial Government the fact that there is in South Africa a body of public opinion which has a right to speak on behalf of the natives. Whether we shall succeed within any reasonable time in getting such an address completed and forwarded is doubtful, but meanwhile it has been suggested to me, by others, that as an individual who has had a good deal to do with native matters in South Africa, I should make an attempt to get the ear of the Colonial Secretary, and state my own views on the native question, for which, of course, I am alone responsible ; though it is only fair to say that they are the views of a large and influential class with whom I have been in conference. There is no doubt that strong pressure will be brought to bear on the Colonitil Office in the settlement of the Northern Territories, in a direction not friendly to the native. That pressure may be expected from two quarters. There are first those who, in fheir anxiety to conciliate the Boers, will he disposed to do so by yielding to their prejudice against the granting of civil and legal rights to the natives. In other words they would sacrifice the natives. Then there is a much more dangerous class, because their power is growing and will grow, the men who are developing the mineral wealth of South Africa. Many of these men make no secret of their intention to use the native simply as so much material to be used (and for that matter used up) for labour purposes without any reference to his rights as a human being. 12 I, in common with many others, have been thankful to see the tone which was adopted ou our side with regard to the native in the negotiations with Louis Botha. What 1 am mainly desirous of is to remind the Colonial Secretary that though he has not yet heard their voices as loudly and as clearly as might have been, yet there is id South Africa a strong and respectable body of opinion on this subject; and I may say witliout presumption that we heartily back up the attitude of the Imperial Govern- ment; and hope that nothing wiU induce the Government to abandon that attitude. In general terms we ask that the native may in the new territories be granted the same legal status as that he enjoys in the Cape Colony. Not that the Cape Colony system is perfect, but we accept it as the best that is practicable under the circumstances. But there is one notable exception. The Cape Colony stands alone in all South Africa in its Uquor regulations as applied to natives. I hope that the wise and commendable attitude of the late Orange Free State on this point will be maintained and continued- Even in Transvaal the old law was good, theoretically, though a dead letter in practice. I am aware that there is something illogical in asking for a native legal and civil rights and yet refusing him the right to pm-chase liquor, but the world is not governed by pure logic. We are bridging over for him the passage from barbarism to civili- sation, and making it safer and easier by a restrictive measure of this kind. Moreover, there is good reason to believe that a vote taken from all thoughtful and responsibl© peisons among the natives themselves would give a strong majority in favor of laws which would defend them from European liquor. I ask for the native in the new territories that he may have this protection ; also That he may have the legal right to acquire and to own land by personal title in his own name. That he may have the same access to the means of education as other men. That he may have the same protection of the law as other men. That he may have the same right to legal marriage. I am aware that there is nothing new or original in this ; it has all been said before, but when considerations are likely to be urged on the other side, there is nothing for it but persevering importunity. Your, &c., J. S. Moffat. To the Secretary, South African Native Races Committee. No. 11. High Commissionik LORD KITCHENER to Mr. CHAMBERLAIN. (Received June 29, 1901.) Sm, High Commissioner's Office, Johannesburg, June 7, 1901. I HAVE the honour to enclose, for your information, copies of the undermentioned documents on the subject of a publication by the South Airican Native Races Com- mittee, entitled " The Natives of South Africa." I have, &c., KITCHENER, High Conamissioner. Schedule of Enclosures. 1. March 29th, 1901. From the Honorar}^ Secretary, South African Native Races Committee. 2. May 7th. 1901. To the Honorary Secretary, South African Native Races Committee. 13 Enclosure 1 in No. 11. Honorary Secretary to the South African Native Races Committee to High COM^nSSIONER. Sir, 15, Dean's Yard, Westminster, S.W., March 29, 1901. On behalf of the South African Native Eaces Committee, I have the honour to fonvard Your Excellency by this mail an advance copy of " The Natives of South Africa," which will be published by Mr. John Murray of Albemarle Street, London. This volume contains a report prepared by a Committee composed of persons of many shades of o})inion, but united in their interest in, and sympathy with the natives of South Africa. In the preparation of the report the Committee have been greatly assisted by many gentlemen of large experience resident in South Africa, some of whom are, no doubt, well known to Your Excellency. Their names will be found on pages 251-4 of the report. The Committee feel how much the cause in which they are deeply interested de- pends at this juncture on Your Excellency's action and decisions ; and they hope that, notwithstanding the many pressing calls upon your time, you will be good enough to consider the proposals which the Committee have ventured to submit. They are made, it will be seen, -svith a full appreciation of the practical difficulties of the situation, but in the belief that Your Excellency will be glad to receive suggestions from those who have endeavoured to study the question with no other object in view than the welfare of the natives. I have, &c., Alfred F. Fox, Joint Honorary Secretary. To His Excellency Sir Alfred'MUner, G.C.M.G., K.C.B., High Commissioner of South Africa, Pretoria. Enclosure 2 in No. 11. Imperial Secretary to Honobary Secretary of the South African Native Races Committee. Sm, High Commissioner's Office, Johannesburg, May 7, 1901. I AM directed by His Excellency the High Commissioner to acknowledge with thanks, the receipt of your letter of the 29th March, enclosing a copy of " The Natives of South Africa." His Excellency had no time before leaving South Africa, to make himself fuUy acquainted with the contents of the book, but he directed me to assure you that he fuUy recognises the importance of the questions dealt with, which are constantly en- gaging his attention, and to pronii.-^e that the views and suggestions of your Committee will be most carefuUy considered by him. I have, &c., F. PerrYi Acting Imperial S; cietary. The Honorary Secretary To the South ^Vfrican Native Races Committee, 15, Dean's Yard, Westminster, S.W. 14 No. 12. COLONIAL OFFICE to THE SOUTH AFRICAN NATIVE RACES COMMITTEE. Sm, Downing Street, July 4, 1901. I AM directed by Mr. Secretary Chamberlain to acknowledge the receipt of your letter of the 19th of June,* enclosing a copy of a letter which th6 South African Native Races Committee have received from the Rev. J. S. Moflfat, on the subject of the future position of the natives in the Transvaal and Orange River Colony. As the Committee are aware, the question of the future position of the natives in these Colonies is l^eing carefully considered by His Majesty's Government, and Mr. Chamberlain desires me to add that, in dealing with this question, due attention will, of course, be paid to the views of competent authorities who are in a position to apeak for the natives. I am, &c., H. BERTRAM COX. No. 13. Mr. CHAMBERLAIN to AnMrNisTRATOR LORD KITCHENER. (Sent 6.30 p.m., August 2, 1901.) Telegram. [Answered by Ac. 14.] August 2. No. 1. Matter most urgent. Referring to your telegram No. lOoSf I am glad to learn that penalty of lashes under Pass Law has been abolished except under section 18. This section will be considered by Miluer on his return. Meanwhile penalty of flogging under Gold Law should, I think, ))e treated in similar manner. Is this being done ? Question will be raised in House of Commons Tuesday as to action to be taken with regard to sections 149, 150, 151 of Gold Law. No. 14. AixMiNisTRATOR LoRD KITCHENER to Mr. CHAMBERLAIN. (Received 3.10 p.m., August 5, 1901.) Telegram. [Answered by No. 17.] August 5. No. 1044. Matter most urgent. In reply to your telegram of 2nd August No. Ij. Proclamation abolishing penalty of lashes under Pass Law does not deal with sections of Gold Law you refer to. Section 149 of this Law I am advised is an offence which must be severely dealr with. Legal Adviser thinks penalty ])rovided by this section should not be altered till he has had opj)ortunity discussing it with Lord Milner. Section 150 of Gold Law is now obsolete and has been replaced by Sections 16 and 23 of Pass Law of 1899. Legal Adviser says penalty of lashes under Section 151 is not imperative, and there is no fear with present magistrates of there being any abuse of discretion given them under that section. • No. 10. t No. IX. in [Cd. 7U]. J No. 13. 15 No. 15. Administrator LORD KITCHENER to Mr. CHAMBERLAIN. (Received August 12, 1901.) . [Answered by No. 17.] ■ Sir, Pretoria, July 19, 1901. With reference to your telegram, No. 1, of the 9th of July,* asking on what grounds it is held that the Pass Law of 1899 is valid, and to previous correspondence on the same subject, I have the honour to forward to you, herewith, a copy of a Minute by the Legal Adviser to the Transvaal Administration dealing with the penalties under the Pass Law and Gold Law of the Transvaal. I have signed a Proclamation, which will be published in the course of a few days, abolishing the penalty of laishes for con- traventions of the provisions of the Pass Law save for a contravention of Section 18 of the Pass Law on Gold Fields, 1899, for the reasons set forth in Mr. Solomon's minute. The Proclamation also makes valid the Pass Law on Gold Fields from the date of its first publication so as to avoid any question hereafter as to its validity. I have, &c., KITCHENER, General, Administrator. Enclosure in No. 15. Minute. Penalties under the Pass Law and Gold Law of the Transvaal. The Pass Law of 1899 was provisionally declared in force by the Executive CouncU by virtue of Article 4 of the Gold Law, No. 15 of 1898, which empowers the State Presi- dent, with Ijie advice and consent of the Executive Council, to make rules and regula- tions for the regulation of matters mentioned in the law, including provisions for penalties and taxes. (See translation of Article 4, annexed hereto.) Article 150 of the Gold Law deals with passes for natives and, consequently, the Executive Council had authority to draw up regulations dealing with this matter. Article 4 of the Gold Law further provides that such regulations shall have the force of law from the date of publication in the " Staats Courant," and that they shall be laid before tlie Volksraad in the first ensuing session. As a matter of fact the Pass Law Regulations published in 1899 were never submitted to the Volksraad, presumably, oecause that body was too busy with other matters, and so they Jiave never been re- pealed, amended, confirmed or otherwise dealt with by the Volksraad, and although called the Pass Law, they are really regulations made under the Gold Law, and are in force only in areas in which the Gold Law operates, that is in proclaimed Fields. The validity of these regulations or Pass Law has never been questioned, although they were in force nine months before the commencement of the war. As I have myself some doubt as to their validity, I think it better, in order to remove any doubts that may exist, that a Proclamation be issued by Ills Excellency. the Administrator, making the said Law or Regulations of legal force and effect in the Transvaal from the date of the publication thereof in the " Staats Courant," to wit, the 1st February, 1899. Even if the Pass Law Regulations of 1899 had never been paissed by the Execu- tive, natives would have been subject to the penalties of Law 31 of 1896, which ])rovides that a native who is without a pass shall be liable to a fine not exceeding £3 or impri- sonment for a period not exceeding three weeks with hard labour, for the first offence, and a fine not exceeding £5 or imprisonment for a period not exceeding four weeks with hard labour, for the second offence, and to lashes in the discretion of the Court for • No. VII. in Cd. 714. 16 any subsequent offence; and, that a native who commits any of the offe.xices men- tioned in Article 18 of the Law of 1899 shall be liable to " a fine not exceeding £5 with imprisonment for a period not exceeding one month with hard labour or lashes not exceeding 25 in number." It is true that the Law of 1899 provides a minimum sentence, but by proclamation No. 11 of 24:th June, 1901, this has been abolished, and the Magistrates have a discre- tion in determining the penalty to be inliicted. Before the minimum sentence was aboHshed the Magistrates used to send the records of all cases under the Pass Law to the Legal Adviser to the Transvaal Administration, who recommended the High Com- missioner to remit the greater portion of the sentence, and so even then the natives were not harshly treated. Not a single instance has occurred in which the Magistrate has sentenced a native to be flogged for contravening the provisions of the Pass Law. I am myself strongly in favour of abolishing the penalty of lashes for contravention of the Pass Law Regulations excepting in the case of a contravention of clause 18, which practically amounts to fraud. I think, with the power of review which now exists of the sentences imposed by Resident Magistrates, and the directions which have been issued to them about lashes, the penalty of lashes for contravention of that section may be left standing. On these lines I shall at once draft a proclamation dealing with the penalties pro- vided for by the ^ass Law, for submission to His Excellency the Administrator. Richard Solomon. July 15, 1901. Law No. 15 of 1898. Power of State President to draw ap Regula- tions. Alterations and Additions. Chapter 1. 4. The State President shall have the power, with the advice and consent of the Executive Council, to make rules and regulations, whether general or special (for instance for one or more fields), for the regulation of matter mentioned in this law or connected therewith, provided they are not in conflict with this law. Under the rules and regulations mentioned in this article are also included provi- sions for penalties and taxes. These rules and regulations shall have the force of la\> from the date of publication in the " Staats Courant " ; they shall be laid before the Volksraad at the first ensuing session. Special rules and regulations shall be of force on every proclaimed field imme- diately after proclamation in the " Staats Courant." The State President shall have the power, with the advice and consent of the Executive Council, to make any alterations in, or additions to, the special rules upon the proposal of the Mining Commissioner, in consultation vnth the Head of the Mining Department. Such alterations or amendments shall be of force 14 days after publication in the " Staats Courant." Sm, No. 16. Administrator LORD KITCHENER to Mr. CHAMBERLAIN. (Received August 17, 1901.) Pretoria, July 26, 1901. I HAVE the honour to forward to you, herewith, twelve copies of Proclamatioi. Transvaal No. 19 of the 23rd July. I have, &c., KITCHENER, General, Administrator. 17 Enclosure in Xo. 10. Transv.?al No. 19 of 1901. Procla]sl\tion, To Amend Law No. 23 of 1899, By }Tis Excellency Baron Kitchener of Khartoum, Knight Grand Cross of the Most Honourable Order of the Bath, Knight Grand Cross of the Most Distinguislied Order of Saint Michael and Saint George, General Commanding-in-Chief His Majesty's Forces in South Africa, High Commissioner for South Africa and Administrator of the Transvaal, &c., &c. Whereas it is deemed desirable to abolish the penalty of lashes imposed by Law No. 22 of 1895, and by the Native Pass Law on Gold Fields, approved and provisionally declared in force by Executive Council Resolution, Article 109, dated 31st January, 1899, and published in the " Staats Courant," dated 1st February, 1899 : And whereas doubts have arisen as to whether the said Native Pass Law on Gold Fields is of legal force and effect : Now, therefore, by virtue of the authority in me vested, I do hereby declare, pro- claim, and make known as follows : — 1. The penalty of lashes provided by Law No. 22 of 1895 and by the said Native Pass Law for Gold Fields of 1899, shall, save and except for a con- travention of Section 18 of the latter law, be and is hereby aboEshed; and from and after the taking effect of this Proclamation, it shall not be com- petent for any Court of Law within this Colony to impose a sentence of lashes on any person convicted of a contravention of any of the provisions of the said Laws, save and except for a contravention of Section 18 of the said Native Pass Law for Gold Fields of 1899. 2. The said Native Pass Law for Gold Fields of 1899, shall Be deemed and taken to be of the same force and effect as if it had been duh' confimied by the First Volksraad of the late South African Republic prior to the date ot any publication thereof in the " Staats Courant," and all things heretofore done and any lialjilitv or penalty heretofore incurred in respect of the said Law shall be as vahd as if the said Law had been confirmed as aforesaid. God Save the King. Given under my Hand and Seal at Pretoria this 23rd day of July, 1901. Kitchener, A^dministrator of the Transvaal. By Command of His Excellency the Administrator of the Transvaal, Richard Solomon, Legal Adviser to the Tran.svaal Administration. No. 17. Mr. CHAMBERLAIN to Administrator LORD MH^NER. My Lord, Downing Street, August 17, 1901. I HAVE the honour to acknowledge the receipt of Lord Kitchener's telegram, No. 1044, of the 5th instant,* relative to certain pro\asions of the Pass Law and the Gold Law of the late South African Republic under which the i^enaltv of corporal punishment may be inflicted upon natives. I have also received Lord Kitchener's despatch of the 19th of Julv.t 2. I note with satisfaction that the Administration of the Transvaal have given this question their prompt consideration, and have no desire to allow the penalty of lashes to be inflicted under these Laws except in the case of offences which require to be severely dealt vnth ; but it is most desirable that corporal punishments should be restricted to the utmost extent possible, and I have, therefore, to request vou to be good enough to consider and report to me at your earliest convenience whether the flogging of natives under the above-mentioned laws might not be entirely abolished. • No. U. t N.I. ]5. ior,.%4 18 3. For my own paa-t I am of opinion that even the offences dealt with nnder Section 18 of the Pass Law and Section 149 of the Gold Law, although of a serious character, and, as such, calling for more severe treatment than other offences to which those laws relate, are not of a nature which should be jDunished by the infliction of lashes. In considering this question you will doubtless bear in mind our conversa- tions on this subject, and the strong desire which I expressed that the laws affecting native labour in the Transvaal should be assimilated as nearly as possible to those in force in the West Lidies. I have. &c., J. CHAMBERLAUN. Xo. IN. Administrator LORD MILNER t.. Mu. CHAMI'.ERLAIX. (Received 3 a.m. December 11, 1901.) Tflkgkam. December 10. No. 557. A Gazette whieli a)»pears to-day contains several Pro- clamations dealing with the native question, of which the most important are a new Pass law and Liquor law. Final drafts of these with a Memorandum from Lagden were sent to you by tlie mail before last. A long ex]ilanatory despatch went by last mail and the Gazette itself will be forwarded by next mail. Some legislation of the kind had become urgently necessary as number of natives coming to work in the mines is increasing. The Proclamations ought indeed to have hccn issued a month ago, but they involved mucli work and had to be re^'ised over and over again. In framing them particular regard has been had to the \dews which His Majesty's Government has publicly expressed on this su])ject and also to our private conversations in which you ex])ressed your wishes in this matter repeatedlv. The general policy of the Proclamations will, I have no doubt, meet with your ajijiioval. Experience will no doubt show some defects. Init these can be amended by (h'diiiance or by subsequent Proclamations. No. 19. Admixisti!ator lord MILNER to Mr. CHAMBERLAIN. (Received December 23, 1901.) High Counnissioner's Office. Johannesburg, Sir, November 29, 1901. I ]IAVE the honour to transmit copies of several Proclamations,* dealing with the position of native labourers m the Transvaal, which will be published immediately. The extension of the area of countrv. which is gradually returning to a settled conchtion, and the increasing activitv on the mines, has rendered some legislation urgently necessary. Martial Law, though still existing throughout the whole country, is a clumsy instrument for dealing with the ordinary relations of civil life, and it was impossible for MS to fill! back on the old Transvaal laws, without amendment. Under ordinary circumstances I should have preferred to submit measures of this importance to the consideration of His Majesty's Government, before promulgation. Rut the heads of de])artments ])rincipally concei'ued, viz. : — The Legal Adviser and the Commissioner of Native Affairs, are strongly of opinion that no time should be lost in immediately putting the Pass Law and the laws directly connected with it, and also the law prohibiting the su]>ply of licjuor to natives, on a better footing. I have therefore decided to ])ublish the Proclamations next week. They are the result of an immense amount of labour, principally falling on the tAvo gentlemen just named, and of the most anxious consideration on mv own part and on tliat of all the fjtHcials, who will constitute the future Executive Council of the Iransvaal. I am satisfied that they repx'esent a very great inqirovement on existing laws, and that in their general aim they are in accordance with the ])olicy which His Majesty's Government desire to see pursued in native affairs. * See enclosures in No. 21 for the proclamations as issued. I do not flatter myself that tliey are likely to be found altogether perfect. Some (lufocts in them will doubtless be discovered in the working, while there may be points of detail on which His Majesty's Government will desire to see them modified. But any such amendments can easily be made by Proclamation or Ordinance, and in the meantime we shall be able to pi'oceed with the organization of a system which, in its main outlines, I feel confident will not be disturbed. The enclosures are the drafts as finally settled.* I send them on to save time, as I am anxious that you should be informed at the earliest possible date of the action being taken in the matter. Copies of the Gazette, containing the Proclamations which will be issued in a day or two, will be despatched by next mail. I also enclose a memorandum from Sir Godfi-ey Lagdeu, explaining the necessity for and objects of, the series of Proclamations. I should have desired to have accom- |)anied this memorandum by a more general statement of my own as to our native policy in the new colonies — a statement which would at the same time answer a number of inquiries addressed to me on the subject in your despatches of 26th Januarv, i4th February, i2th April and 17th August.f Pressure of other business has prevented my comj)leting that statement, but I hope to send it l)v next mail. I have, &c., MILNER, Administrator and High Commissioner. Enclosure in No. 19. Memorandum by Sir Godfrey Lagden, Commissioner for Native Affairs, upon Proclamations relating to : — 1. General Pass Regulations. 2. Special Regulations for Labour Districts. 3. Regulations for controlling, procuring, and engaging of native labourers and their management at mines. (Labour Agents and Compountl Overseers.) 4. Coloured Person's Exemption. 5. Prohibition of supply of Intoxicating Liquor to Coloured Persons. (Amend- ment of Law 19 of 1898.) Many of the Laws and Regulations in force under the late Transvaal Republic for the government of natives were sound in principle, though their administration was notoriously defective. On the other hand, there were some principles embodied in that legislation, wliich are contrary to the policy as regards native affairs v/hicli has ahvays been followed by the Imperial Government. Our immediate object should be to deal carefully with existing laws, preserving any that arc in keeping with the general polic\- of His Majest}'s Government, adapting and amending others that are repugnant or conflicting, and framing special regulations where necessarj'. There is more to be gained by effective administration than by violent legislative changes, wdiich are calculated always to confuse the native mind and to disturb the general conmiunity. More especially at this juncture are caution and care required. The war which has prevailed throughout South Africa for over two years cannot fail to have exercised a considerable influence upon the intellect of the natives. They have seen their heredi- tary enemies the Boers graduall}- deposed from militant authorit}' in the Republics, and divested of governing power. They are aware that the abuse of the lash has been removed, are under the impression that the use of it is prohibited, and are displaying contempt for other forms of punishment. They are instinctively quick to grasp such features, and to presume upon the prospect of administrative leniency which they believe will be extended to them and lead to their gaining an ascendancy attractive to themselves but undesirable in the general interests of the dominion. There are, therefore, powerful reasons why, whilst having due regard to the granting of justice and protection to the natives and safe-guarding their interests, it is of paramount importance to exercise over them a firm control, and to establish sound • See Enclosures iu No. 21 for the pronI;imatit>ns ;is issued. t Nos. 5 and 17; the despatches of 1 -1 1 h February and 12th April merely transmitted copies of Nos. 2 and 3 and Nos. 8 and 9 reupectively. 106S4 C 2 20 relations between them and the European population; for upon good and suitable relations between black and white much of the future prosperity of the Dominion depends. Occasion has first arisen to amend and amplify the General Pass Law. I am convinced of the necessity of all natives being compelled to carry passes, as much for the security and protection of themselves as for the white people. But, under the Republic all Coloured persons were under disabilities in the matter of locomotion. Although the Law appeared reasonable, a Pass for travelling on private business was granted much at the caprice of Officials and Masters, and it often entailed the render- ing of personal service to a Field-Cornet, or some kind of exaction before such Pass was granted. Under the proposed regulations it is competent for a native to obtain a Pass with- out restriction at any time for the purpose of visiting or personal business, provided it is not in violation of any contract of service into which he may have entered. Genuine freedom of movement is thus secured to him. The regulations for Labour Districts have been more or less specially framed. They are based upon a Passport System, under which the coloured labourer is held to be a responsible person, and is the custodian of a Passport designed to carry him from his home to the gold fields and back again. By this system it is purposed to record on the Passport and in the Registry the whole of a man's serA-ice, his movements and character, and so to control his career as to check the vicious habit of desertion formerly prevailing. Probably nothing tended more in the past to justly infuriate employers of labour than the wholesale desertion and contempt for contracts shown by native labourers, who were instigated thereto by unscrupulous white agents. The persons engaged in the recruitment of native labour were, as a class, unprincipled and irresponsible, and their influence was injurious both to the natives and the employers. In order to expedite the demise of this degraded agency, and to provide for its exit, measures have been framed to regulate the whole question of procuring and en- gaging labourers from all parts by making it a licensed profession or calling. In future only persons, of whose reputable character the authorities are satisfied, will be allowed to engage in the business of recruiting labour, and they will be subject to stringent regulations in the conduct of it. Similarly, the calling of a Compound Overseer, upon whom devolves the charge of collective bodies of native labourers is, in future, to be a licensed occupation under Government Regulations, the infringement of which will entail substantial penalties. Whilst imposing regulations upon those Avho are charged with the recruiting, engaging, and management of labourers. Government must bear its responsibility in the matter of inspecting operations. For that purpose the mining areas have been divided up and Inspectors provided for, whose functions will be to guard the interests of natives working on .the mines, to supervise contracts, and to prevent such abuses as forced labour, ill-treatment, and coercion. They v^dll, at the same time, insist upon the natives performing tl^keir contracts and take measures for the detection and ade- quate punishment of deserters. These Inspectors require to be men of good standing, and to be adequately paid. Upon the subject of recruiting, I have already given expression .to the conviction, and desire to reiterate it, that it is, both in the interests of justice and business, undesirable for Magistrates or other Officers of Government to be employed to recruit labour. The labourers should feel certain that, in case of dispute or grievance, they always have an impartial forum to appeal to. If a Magistrate becomes a recruiting agent, his mdividuality is prejudiced, and all sense of confidence in him is liable to be lost, not from any fault of his, but from the fact that he is placed in a false position towards those he is deputed to advise and govern. The alternative is to recognise the status and regulate the procedure of inde- pendent labour recruiting agencies or Associations. More especiall}- is this desirable, seeing that, when opportunities are afforded for the Witwatersrand Mines to be fully developed, at least 100,000 additional native labourers will be in immediate demand, and these, together with those already at work, and those required for other industries and domestic purposes, may expand the native population in the Mining Area to 200,000. It may be taken as assured that, were Government Officers called upon to produce such numbers, the tendency might be to bring pressure, and to create the very 21 order of thing.s which Hi? Majesty's Government condemns, viz., involuntary labour, against which the spirit of all present legislation is dLrected. One of the irritating features of the past at the Gold Fields was that labourers were condemned to bear the cost of their expensive recruiting and other exactions caused by the procedure of venal agents. The tribute wa« paid by deduction from wages, so that for the first month or two, but little accrued to the worker. Under the proposed regulations no deduction whatever is allowed from wages, except for fines lawfully inflicted. The cost of taking out and renewing the Passport is throw n upon the employer. The Government takes it upon itself to see that the native receives the wage he contracts for, undiminished. It is proposed to relieve certain coloured persons of the operation of laws relating to Passes, with power to embrace such other laws as may, from time to time, be deemed advisable. A large latitude of exemption is reserved. I cannot think it would be expedient to define too closely what classes or nationalities should come within its scope. To do so would be to include many disreputable people who suffer themselves to be the media of crime, and to exclude others who are deserving of ^beral treatment. The amendment of the Liquor Law, by which the sale, barter, or supply of in- toxicating liquor to coloured persons is made prohibitive, and severe penalties for contravention are provided, is, in my opinion, a measure calculated to do justice to the native population, who do not know what is bad for them, and have .not the strength of character to withstand temptation. The law is only a modification of that existing under the old Government, and differs from it mainly in dealing with greater string- ency vdth the persons who supply liquor to natives. There are many sides to the native question, administrative and political, which it would be premature noAv to enlarge upon. There is much yet to be learnt by those w^ho are vested wdtL the control of native affairs and every reason why they should not be hurried. Meamvhile the Administration feels its responsibility to the black races. It is necessaiy to make due allowance for their ignorance, defects, and infirmities, and to provide for their equitable treatment and management. It is equally necessary to consider the sentiment and opinion of Colonists, whose life and well-being are bound up with the manner and method of native control. Their desire may fairly be interpreted to be the policy of extending paternal government in such a way as to preserve due proportions between the w^hite races endowed with centuries of civilization, and the black races, who are centuries behind it. In carrying out even the measures now^ under review considerable expenditure will be involved. In addition to the Departmental Expenditure for Native Affairs, there is all the costly machinery for Police, w'ho are to afford protection to the native races, and of the Magistrates who will administer justice. It is a source of gratification to me, and of importance in strengthening the views herein expressed, that Sir Richard Solomon has been closely identified with the pro- posed enactments, and is in general concurrence with their terms. I foe] much indebted to him for the assistance he has afforded in framing the regulations, and the experienced suggestions he has made. He is responsible for drafting the Liquor Law Amendment and Exemption Acts, and I am in entire agreement with their Provisions. Godfrey L.\gden. November 29. 1901. No. 20. AD.MINISTRATOK l.OI^D MILNER to Mk. CHAMRERL.'VTN. (Received December 28, 1001.) High Coininissioner's Office, Johannesburg, Sir, December 6, 1901. Tnr, publication this week of certain iiiiixirtiitit proclamations iiffecting the position of natives in this (-olony. especiiilly of natives working for white employers, seems a suitable occasion for ine to make some remarks uj)on the policy which, subject 22 to the approval of His Majesty's Goveninieut, is being and will lie pursued with regard to the native question generally in the new territories. In dealing with this matter 1 shall endeavour to answer, as far as is at present possible, the various questions connected with it which you have from time to time put to me, especially in forwarding the representations made to you Ijy the British and Foreign Anti-Slaver}' Society and by the Aborigines Protection Society. I beg leave to refer in this connection to your despatches of January 26, February 14, and April 12.* The final drafts of the proclamations which I have just referred to were sent you in my despatch of the 29th November,"}" together with a memorandum from Sir Godfrey Lagden. I entirely agree with Sir Godfi-ey I.agden in the remark contained in that memorandum that " There are many sides to the native question, " administrative and political, which it would he premature now to enlarge upon. There " is much yet to be learnt by those who are vested with the control of native affairs, and " every reason why they shoiild not be hurried." At the same time I feel that while the many difficult problems which are covered by the general term " the native question " can only be dealt with gi'adually, and by the light of experience, it is quite possible to indicate the spirit and someiof the general principles in which we intend to approach them. What these 'principles are iwill api)ear, to a great extent, from a careful consideration of the manner in which we are now dealing with that portion of the native (pxestion which first presented itself to the new administration. I refer especially to the recruitment of natives for working in the mines, to their supervision while working there, and to the sale of liquor. It is evident that the equally important, though perhaps not equally difiicult questions, of the government of natives working on farms, or living in their own districts, cannot be ])ractically dealt with at present. Farming operations are suspended throughout the greater part of the country, while the large native districts in the north are for the moment under little, if any, European control. The Boers have virtually abandoned them, while any authority at ])resent exercised there by us is jmrely military, and confined to one or two }irinci])al places which are in military occupation. This great branch of native administration cannot therefore be thoroughly taken in hand for the moment. We can only touch the fringe of it. But, inasmuch as the Aborigines Protection Society in their letter of the 11th January, J enclosed in your despatch of 14th February, § attach, and rightly attach, great im])ortance to it, and explain their views concerning it at some length, it may be desirable briefly to state what are the intentions of this Administration as at present advised with regard to this matter. In all districts in which there is a large independent native jjojmlation, the control of native affairs will be in the hands of a Native Commissioner directly responsible to Sir Godfrey Lagden, and the greatest care will be taken that these Commissioners, who will occupy an imjiortant position in the Government service, and receive considerable salaries, are men of high character, intimately acquainted with native laws and habits, having the interests of the natives at heart, f.nd, as far as possible, familiar with their language. We are in tact seeking for men of the same class as the best of those who have rendered native administration a success in Basntoland, in the Pi'otectorate, and in the Transkei. We shall require at least five such Commissioners with younger men under them as Assistant Commissioners who will be trained in their school. The only -ippointment at present made, and indeed the only one at ]>resent rcjuired, is that of Mi". 5l(ioney, who has been sent to make a start in Zoutpansberg. He Avas one of the best of Sir Godfrey Lagden's able assistants in Basutoland. and is essentially of the type T have attempted to describe. Without the right men I need hardly sa\- the best jirinciples and the best laws are. in the matter of native administration, almost useless. I am, therefore, entirely in accordance with Sir Godfrev Lagden in desiring to see the Native Commissioners most carefully selected. In this respect the slow settlement of the coiuitry, for other reasons so de])lorable, has its advantages, as it gives us more time to look round and carefully pick our agents. In doing so the great im])oi-tance of a knowledge of the native languages, which forms the • No. 5 ; the despatches of 14th February and 12th April trausmitted a copy of Nog. 2 and 3 and \()>!. S and 9 resi)ectively. t No. 19. t No. ;). § Not printed. •2-6 siibjoi-t of your dt'spateh ()£ \'2xh Ajiril,* will be borne in iiiiml. There Imve been and are some splendid Native Administrators ^\hose linguistie sittainments are poor, and it would be folly to waste such men for that reason merely. But other things being equal, the man who can converse fluently with the natives in their own laniruage has a great advantage, and every encouragement will be given To the acquisition of this aptitude. As regards the methods of government to be adopted, I am in general agreement (and in saving this I speak also for Sir Godfrey Lagden and the other members of the A(buinistration) with most of the principles laid down in the letters already referred to. That is to say, I agree with the Aborigines Protection Society that native mstitutions should not be lumecessarily interfered with ; that their existing system of communal tenure and of tribal government, and their traiUtional customs, us far as tliey are not in gross conflict with civilised ideas, should be respected ; that they should not be compelled by force or induced l)y fraud to leave their own countiy for service with white men ; and that their taxation should be in proportion to the services rendered and the benefits bestowed upon them by our Govei'nment. Finally, I think, though this is not a point specially touched upon by the Society, that much more should be done for the education of the natives than has e\er yet been attempted in the Transvaal. I do not mean that they should be educated like Europeans, for their requirements and capacities are very different, l)ut that they should be trained to develop their natural aptitudes for their own good and that of the community. Undoubtedly the greatest benefit that could be bestowed u]>on them or South Africa genjerally would be to teach them habits of regular and skilled labour. So far from sharing the prejuchces, which seem to be felt by some of your correspondents, against any form of inducement to the natives to work for whites, I think that, as long as the inducements are legitimate, the more natives that are engaged in mining and other industrial pursuits the better for them and for the country. But while saying this I desire once for all formally to disclaim, on ])ehalf of this Administra- ti(jn, any desire or intention to compel natives to enter into the service of white employers by any means whatever. Perhaps there is nothing more which can be said with advantage at jiresent on the subject of the gtectioii of the whites, it is absolutely essential to have some reasonable arrangements by which the incoming native can be identified, and his movements traced. Nor is it unjust, indeed it is necessary, that when lie has freely entered into a contract he should be bound to observe the terms of it, just as the other party should be bound to discharge the obligations which by that contract he undertakes towards the native. It was not the Pass Law as a whole (I am not speaking of certain harsh provisions of it, now removed) but the abuses connected with it, and especially the irregular exactions to which the natives were subjected in obtaining and renewing their passes, which made the old system so unfair. And the same remark applies in other directions. The old law did not admit the principle of compulsion, yet in fact natives were in many cases compelled to work on terms not voluntarily or not intelligently accejjted by themselves. The law against supplying natives with licpior was severe, yet an enormous proportion of them were constantly drunk. The improvement of the laws is therefore merely a first step. It is only sound and honest administration which can make the best of laws of any use. Among the changes at present being introduced I attach perhaps the greatest importance to those pro\"isions which are intended to improve the character of the men having the most intimate dealing with the natives, and to ensure to the Government an effective control of their proceedings. To return to the laws themselves. The principal differences between the new system and the old (I am not attempting to go into minor details) are the following : — Firstly : — The persons engaged in recruiting native labour, or in looking after the labourers when engaged and resident on the mines, are in future bound to have a licence from the Government. No man will be allowed to pursue the avocations either of a labour agent or of a compound overseer without having satisfied the Commissioner for Native Affairs of his fitness, and the permission granted to him will be cancelled if he abuses his jjosition. Labour agents and compound overseers are also subject to severe j)enalties for any misconduct. In practice this is a matter of the greatest imi)ortance. Many of the worst evils of the old system were due to the existence of an irresponsible class of labour touts and to the unscrupulous proceedings of compound managers in trying to steal natives from one another. All this must be put a stop to. And the regulations now introduced for the first time will, if properly carried out, make such abuses in future impossible. Secondly : — The Government for the first time takes ujion itself the responsibility of ensuring that the native when he enters into a labour contract does so voluntai'ily and with a knowledge of what he is about, and of seeing that he gets what he bargains for. Lnderthe new regulations no native can be brought into a labour district Avithout a ])assport, and no passport can be granted to him except by a Government official, who has first to satisfy liimself that the native understands the terms of his agreement, and that the agreement is voluntary. Moreover, labour agents who induce natives to engage themselves by wilful misre])resention are liable to fine or imj^risonment and lose their licences. So nuich for the incejrtion of a contract. As regards its fulfilment, the Government again steps m and by means of another class of officials — the hispeetors of natives — provides a system of su])ervision that gives both to the native and to his employer an easy means of redress for breaches of contract. The position of inspectors is a wholly :^4 No8. 19 and 20. deemed guilty of a " contra- vention. 30 Dftfinition of termc. What are Labour Districts. Appointment of Native Inspectors. Powers of Inspectors. No deduction to be maavment. to im]>risonmeiit, with or without hard labour for a term not excecdinir six months. 9. No railway ticket shall he issued U> a Xali\(; unless he is in possession ot a No railway mit, note, or Pass, issued undei- these regulations. , outa'plss! 106.5-1 E 2 32 Exemptions. Not more than one on a pase. Pass may be ret'iieed. Procedure thereupon. Reference to Commis- :-ioner for Native Affairs. Lost passes. Natives under contract. 10. iSu Xutive coming within the tblluwing list of exemptions shall be re(]iiire(l to take out a Pass to enter, leave, or travel within this Colony. (a) Native Police or Messengers while on the service of the (ioverniiient of this Colony. (b) Any Native driver or leader in the employ of a European master whilst actually engaged as such, and ])roducing a Pass signed by his employer. ((') Any Native to whom a letter of exemption has been granted h\ the Com- missioner for Native Affairs. (r/) Any Native in the employ of and travelling in the company of a J']uropean master or mistress, residing in or coming into the 'i'ransvaal : I'ro-s'ided that this exemption shall in each case extend to not more than three Natives. 11. Any Native who shall claim to be exempted from taking out a Pass by virtue of the provisions of Section (r). of the foregoing Regulation, may be required to satisfy any Magistrate, Pass (Officer, or Police Officer that he is entitled to exemption, either by production of his letter of exemjjtion, or otherwise. 12. No Pass shall include the name of more than one person ; provided that when any Native taking out a Pass is accompanied by his wife or children under the apparent age of foitrti'oi years, a note made on the Pass referring to and setting forth the name of the wife and number of children shall be a sufficient authority for such wife and children tf) enter or leave or travel within the Colony under such Pass. 13. A Pass Officer shall have the discretion to refuse to issue or entlorse a Pass to any Native to enter or depart h-om this Cfjlony or travel therein for any reason appearing to him sufficient. ll. If a Pass Officer shall refuse to issue or endorse a pass, he shall report such refusal to the Resident Magistrate of the district, who shall direct the Pass Officer to issue the same or not, as he shall deem fit. 15. The Commissioner for Native Aftairs shall have full authority and discretion in any case to order that a Pass shall be issued or refused to any native, notwithstanding any prohibition or other provision contained in these regulations. 16. Any native who shall have lost his pass shall be required to obtain a duplicate thereof from the Pass Officer, on payment of the proper fee. 17. Every Pass Officer shall enquire of every native who applies for a pass to seek work, or for an endorsement of liis pass to return home, whether he is under an unexpired contract of service, and any a})plicant making a false statement in reply to sucli enquiry shall be deemed guilty of a contravention of these regulations. 18. No pass shall be granted to a native who is known by the ilagistrate or Pass Officer to be under an unexpired contract of service, except with the consent, in writing, of the employer. 19. It shall not be Lnvful foi- any Native to enter and be upon the property of any person (unless he be in such person's em])loy) without the permission of the ])erson in charge of such pro])erty, or without a note from his employer stating the object for which he is on such property ; an open delivery note accompanying goods from a merchant or other tradesman shall be considered as such a note. 20. The above Regulations shall a])p!y to all Districts in this Colony, including j^abour Districts, except in so far as they may be in conflict with the next succeeding Regulations. The expression " Pass " in these Regulations shall, in Labour Districts, include the •' Identification Labour Passpf)rt " hereinafter referred to. Identification labour passes. B — Regulations for Lahouk Distkicts. 1. Any native residing in the Trans\aal, or coming from beyond the borders thereof, desiring to work within any labour district, or being at the date of the taking effect of these regulations under contract of service within any labour district, must be provided with an identification labour passport, hereinafter referred to as a passport, in the form her to annexed and marked I.L., which shall be filled in as required thereby, and shall be hell by him diirin;] his period of service, and shall be available to him for travelling to and from his destination. A passport shall contain a complete record by which the holder may be identified and his movements tiaced, and shall in any Court of Law be prima facie evidHiK'C of the facts tlierein recorded. It shall not be available after final endorsement for return home for any purpose other than for such return. 33 2. Passports may b; obtained of all Pass Issuers in tho Transvaal, and at any other place outside the Colony notified in the Gdzettr. 3. Every Native accom))anied bv a licensed Labour Aoent shall, before beino: "Tanted ^^auvus with ■*- » ^ . o ~ Labour u pass])Ort, be questioned l)y the Pass (Officer as to the terms of his afrreement of service, Agent*, and whether such service is voluntary on his part, in the event of it beiiiii: found that I'^cedure m 1 • • ■ • 1 £• 1 r I » • 1 ■ • matter of there was coercion or misrepresentation on the jiart ot tlie Labour Ane employer shall knowingly enter the service of another employer, shall on conviction be liable to a fine not exceeding ten pounds, and in default of payment to imprisonment, with or without hard labour, for a term not exceeding three months ; and any employer who knowuigly engages and takes into his service a Native, while the latter is still liound by a contract of service to another employer, shall on conviction be liable to a tine oi' jijh/ pounds, and in detault of payment, to imprisonment, with or without hard labour, tt)r a term not exceeding si.v months. 13. Any Native who shall be guilty of desertion, or shall leave the service of his employer Avith intent to desert before the term of his contract of service with such em})loyer shall ha\e expired, shall be iial)le to a tine not exceeding ten ])ouuds, and in default of payment, to imprisonment, with or without hard labour, for a term not exceeding three months ; and after having satisfied the sentence im])osed on him, he shall, if his employer so desire be ordered to return to work and to ctunplete the term of his contract. 14. Upon the death or desertion of any natixe, the person in whose employ he was at the time he died or deserted, shall as soon as jiossible report such fact for registration to the Pass Office at which his ])assport was registered. At every office at -which passports are registered (hereinafter referred to as a Registry Office), a book shall l)e kept for the registering of native deaths. 15. All}- Native who has lost his Passport may apply for a new one, which shall be sup|)lied ui)on payment of a fiee of o?ie s/iil/iiii/, ju'ovitled the Pass Officer to whom application is made is satisfied of the identity and boua-pdes of the ap|»licaiit. If the loss of the Passport be due to the ein]ilover. the latter shall j>ay the aforesaid fee. 16. Every employer of more than tirentij Native labourers shall be reipiiied to keep for each month a correct accoinit according to a form (to be had at every Registry Office), showing during each month — (a) Number of Natives employed by him. (Jb) Number of contracts with Natives made by him which have exi)ired. (c) }\uml)er of new contracts wdth Natives made by him. (rf) Number of deaths and desertions of natives employed by him. A copy of these j)articulars shall, within ten days after the end of each month, be sent to the said registry office. Such account as aforesaid shall be open for inspection by any authorised Government official. 17. Any employer in a labour district having work to be done in* another labour district, snd wishing to tr.'.nsfer natives in his service to that district temporarily, shall api)i\' in wiiting to, and obtain permission from, the officer at the registry office attaching 35 to his application a list in duplicate of the names of such natives and the numbers of their ])assports. On obtaining the necessiiry permission he sliall forward unv list to the registry office in the district to which such natives are transferred. 18. Any person who shall illegally withhold a Passport from a Native, or who Penalties, shall defraud any Xative of his wages or deduct therefrom any sum of money not authorizefl to be deducted under this Proclamation, shall, upon conviction, be liable to a fine not exceeding fifh/ pounds, or in default of payment to imprisonment with or without hard labour for a term not e.xceedintr s/'.c months. 19. It shall not be lawful for any person within any Labour District — (a) To engage or have in his service any Native who has not a Labour Passport showing that such Native has been properly discharged by his last employer, or that he has not previously been employed under such Passport. (/>) To engage or have in his service any Native whose Passport sliows that he has been dischary-ed for lono'er than six davs, or that he hiis been in the Labour District in which his Passport has been endorsed for more than six days without finding work, or wht)se Passport is not endorsed by the Medical Officer at the Pass Office under Proclamation Transvaal No. 2S of 1901. (r) To harbour any Native who is not in his lawful employ. ((/) To refuse, at the request of a Native on the termination of his contract of service, to sign his discharge. (e) To tamper in any way with a Passport beh^nging to a Native not in his employ. (/) To issue permits to visit or travel to any Native not in his bona-fide employ. {(]) To register himself as the employer of a Native, unless it is his houn-pile intention to employ such Native. Any person guilty of contravening any of the provisions of this regulatioii shall l)e liable to a fine not exceeding Jift;! pounds, or in default of jjayment to imprisonment with or without hard labour for a term not exceeding six months. iQ. Any person guilty of forging, imitating or altering any Passport whic'li may in Penalties for terms of these reo-ulations have been issued by a Pass Officer, or of utterin"; the same, '''"'S'°s or guilty of forging and uttering counterfeit Passports, shall, upon conviction, be liable to a fine of fl/'ty pounds, and in default of payment to imprisonment with or without hard lalxair for a term not exceeding six months ; or to both such fini' and imprisonmenr. 21. (1.) Every native who shall have been discharged from gaol shall be smt ;)''*!'J'^-„ , , by the officer in charge thereof to the Registry Office in the Labour District trom saoi. in which such gaol is, with a letter of discharge which shall state the natiu-e of the offence for which he was punished and the term of imprisonment he has served ; and any native convicted of a criminal offence for which a fine was imposed and ])aid, shall be sent by the Clerk: of the Court before which he was convicted to the registry office with a similar letter of discharge. Every native discharged from gaol shall, at the option of his master, be compelled to return and complete the term of his engagement. (2.) A Native sent to the Kegistr}' Office as aforesaid, having a Pas<])ort but no master, shall be granted six days to find one. (3.) A Native sent to the Registry Office as aforesaid not having a Passj)ort shall have one issued to him, and shall be allowed six days :o look for work. (4.) The ])rovisions of Regulation No. 5 shall, malatis mutandis, a])ply to the Natives referred to in sub-sections (2) and (3) of this Regulation. 22. The Government shall erect a rest liouse at each Passport Office, or where it is iiost imuscs deemed necessary for the accommodation and rationing of Natives who are seeking work mojat'jjn ^f in any Labour District, and any Native accepting such accommodation shall pay a f<>e natives at •of Is. a day. " I'asH omce. 36 6V-F0UMS. Fai-i' of Fnrni. CO CO < Oh K Eh O o o o 02 o c. c o o c 0-. e a 60 P c in CO -<1 Of a c § C ^ > y- ."t: - i 1 ^ e4-_ H c c c ►J a > c c "5 fc O hH c ^ ^ t. Cb C > a c c a 'a D £ £ = f > c P I. 1-N a J c- ; C ) _t. E > o ►= Iz '^ 1 1— ^ c: t< < a ! r- ■ C\ i r- 3 'i u- «^ ) t-^ o I .5» C8 Buck of Form. ENDORSEMP^NT FOR TRANSFER OR RE'JTRN HOME. To proceed to Stamp. 37 [Face of Form.] I ■2 1 5^5 3 OM a ! c : 5 M K ci O O t a i o I ■ - • -a '^ . ■" Cl, Q 0) K ° V^ VJ ^ © -^ O O o i .2 » a M. ■3 .u rt -! a - - " Q a f^ a o §=3 = 51 oo li ti ^ -J ^ !* t. !3 5 tZ -t; i- — tsi' '3 '^ ^_ -1 o o n ^ OJ - " r P g o S S a - 5 : o oj 3^ -:g'5.N w2 [Back ot Form.] r-*94eo-4tlAIf>7-q* o o ii I- ' 1 > >5 C c 5 > B C c c c c c ° 1 P .2 a i i i- C T a 9 a a ' 1 >• o B O 1 a o •a 1 a a •t c c = fe fi I o B j3 i ' a e3 £ ? t. £ i bfi a H 1 - ^, !^ b £- fi E- H u. « M < C Cfl er 1 u: -.; t' ■ ac oa c s 3 C 1 B) o;UQ ■aa;oi,'iun3 ■ajiHTjaSig s.jOAOidraa a PS o ,ia N3AI0 HaXOVHVHO p o ^5 o l-H Q Eh Q O Oh m < £ a a] o a a a 5 a o ^ sr ■ t£ :> « 10651 38 Euclosure 2 in No. 21. Transvaal No. 38 oflOOl. Phoci.amation' in- His Excellkncy the Ad.ministkatou of the Transvaal. Governor power to make Regulations. Definition of terms. Pen.alty for contraveuiug Regalations. Ri'gulations in schedule to be of full force until revoked. Title. Whkkeas it is expedient to regulate and control the procuring and engaging of natives to do work or lal)our within or beyond the Ijorders of the Transvaal Colony : Xow therefore l)y virtue of the authority in me vested I do hereby declare, proclaim, and make known as follows : — 1. The Administrator of the Transvaal may from time to time make Regulations for the ]iur])ose of regulating and controlling the procuring and engaging of natives to do work or labour within or beyond the borders of the Transvaal ; and of regulating the issue. sus])ension and cancellation of licences to persons exercising or desiring to exercise the calling of Labour Agents and Comjjound Overseers, and the fees to be paid for such licences. Such Regulations shall, on publication in the'Gazette, be of full force and effect. 2. The term " labour agent " shall mean and include any person who shall himself, or through agents or messengers, in his own name or otherwise jn-ocure or attempt to procure, seek for, engage, conduct, take charge of, supply or undertake to supply, natives to be employed in work or labour of anv kind within the Transvaal ; pi'ovided that the term '" labour agent " shall not include any per.son who procures or engages or conducts natives fir his own Ixnia fide domestic or personal service or business exclusively ; I)ro\ ided that the total immber of natives so employed by him does not exceed twenty at any one time. The term " nati\'e " in this Proclamation, and the regulations made thereunder, shall include every person belonging to any of the aboriginal races or tribes of Africa st)iith of the equator, and everv person one of whose parents belongs to any such race or tribe as aforesaid. The term '• Com])ound Overseer" shall mean and include any person having the charge, management, or superintendence of jijt>/ or more natives employed to -work in any labour district. The term " Employer " shall, in the case of a company, mean the responsiljle manager thereof, am!, if there be no manager, then the person registered as resj)onsible for the control, management, and direction thereof. 3. Any person contravening any of the Regulations made under this Prociamatiou shall be liable on conviction to the penalties provided by such Regulation, and if no penalty be provided then to a fine not exceeding ten pounds, or in default of payment to imprisonment witli or without hard labour for a period not exceeding six months. Any such contravention wherever committed may be summarily dealt with liy any officer empowered to deal Avith contraventi*>ns of this Proclamation within whose jurisdiction the person accused of such contravention may be ; and such" officer shall, on the conviction of any person for a contravention of any of such Regulations as aforesaid, make a report tliereof to the Commissioner for Native Affiiirs. 4. The Regulations in the Schedule annexed to this Proclamation shall be of full force. and effect until revoked or amended, and there shall be paid on the licences in the said regulations mentioned the fees therein prescribeti. a. This Proclamation may be cited for all jmrjKises as the " Labour Agents' and vCumpound Overseers' Proclamation, 1901." God Save the Kixci. 'Given under my hand and seal at Johannesburg this ICth day of December, 1901, MiLNEU, Administrator. By Command of His Excellency the Administrator, G. V. FiDDES, Secretary to the Transvaal Administration. 39 SCHEDLLK. A. — Labour A(jents. 1. It shall not be lawful for any person to act as a Labour Agent within the Transvaal "^o person to unless he is in lawful possession of a licence issued by the Commissioner of Native Affairs, Labour or by any officer appointed by him thereto. ^f®"' 'P'^* Such a licence may be issued for periods of not less than three months and not more than one year, and shall in every case expire on the thirty-first of December, of each year. 2. (I) Application for a licence must be made on a printed form to thp Commissioner How for Native Affairs, or aiiv officer appointed by him thereto, either direct or ■•application through the Native Commissioner of the district in Avhich the ap])licant wishes to to be made. exercise his calling, or in the case of any person wishing to act as a travelling Conductor of Natives, to rhe Native Commissioner, and if there bi; none, then to the Resident Magistrate of the district in which the journey is to begin. (2) Every apjilication for a licence must be accompanied by a statement giving the following particulars : — {a) Co])V of the agreement between the applicant and his employer. (Z* ) The place or places where the Natives to be engaged or conducted by him are to work. (r) The name and location of the Native Chief (if any) in whose district the applicant desires to engage labourers ; the route which he desires to follow (if he is a Conductor) ; and in cases where the appliciint proposes to receive and conduct Natives recruited beyond the borders of the Transvaal, the name or names of the person or persons who hold licences to recruit such Natives. (J) Particulars of any pre\'ious licence issued to the applicant, or refused, cancelled, or suspended in any place in South Africa. In addition to this statement, the applicant must, at the time of making his application, dejjosit with the officer to whom his application is made, and to the satisfaction of such officer, security to the amount of one hundred pounds for all charges and fines for which he may become liable. (3) Any person wilfully giving any false particulars in such statements as aforesaid shall be deemed to be guilty of perjury, and shall on conviction be liable to the penalties provided by law for the c<3mmission of that offence. 3. The apphcation, when made through a Resident Native Commissifmer or Resident AppHcatioir Mairistrate, shall, totiether with a confidential report by him thereon, be forwarded to "'"^t''" . to .' . ' »^ I •' ' accompanied tlie Commissioner tor JNative Affairs. by a report from Native • Commis - sioner or JVIagUtrate. 4. No licence shall be granted until the aforementioned security has been deposited No licence to and the formal appli(;ation and confidential report mentioned in the last i)receding regula- lJn,n",".*oitr tion shall liave been I'eceived. security be . deposited. "). The licence, if granted, sliali be sent to the ai)plicant through the ofhcer to whom the application was made. (). The amount ])aval)le for such licence shall be at the rate o^ fifteen pounds sterling Amount for each year or portion of a year ending the thirty-first day t)f December in each year : '-c^uce! ^""^ * Provided' that in respect of licences issued after the first day of July in any year one half of the said amount shall be payable. 7. TIu; issue or renewal of a licence may be refused by the Commissioner for Native Term of Affairs without anv reason beiii"' ";iven therefor. licence. o o 8. The gi'anting of a licence to any person shall iH)t confer ;uiy right to its renewal. Renewal of licence. 9. (1) Any Labour Agenl who has been convicted of any crime and inipiisoned cnnceiiation therefor by a (!ourt of Law or who has been convicted of any contravention of "f '"-"cnce. this or any other law relating to native labour or native passes, or who has had his licence cancelled or sus])ended in any other ct)lony or territory in South Africa is liable to have his licence cancelled or suspended by the Commissioner for Nativi Affairs in this colony, in addition to any other punishment to which he may have rendered himself liable. (2) In case of such cancellation as above the security dejxisited by him undiM- Regulation No. 2 shall be forfeited to the Government. 10654 F 2 4U Labour Ajrent may only employ natave" for one employer. Bights under licence not to be exercised on Public Roads and Diggings. No Labour Agent to have ezcIusivA rights. Penalty for wilful misrepresen- tation by Labour Agents. Penalty for Beducing servants from the service of their employers. Penalty for employing Natives who have deserted. Registration of employers. Labour Agent ceiuiiug to be employed by person whose name appears on his liceuce. Publication in '• Gazette ' of lists of Labour Agents. (3.) Any labour agent who, in the opinion of the Commissioner for Native Affairs, has been guilty of any misconduct which renders it undesirable that he sliould be allowed to continue to carry on the calling of a labour agent under the jmjvision of this Proclamation, is liable to have his licence cancelled. 10. (1.) Every Licence shall be issued to engage Natives for one employer or registered company or association of employers only, who must be registered, as provided in Regulation No. 16, and the District or Districts for which it is issued shall be clearly defined. All these particulars shall be embodied in the Licence. (2.) Any Agent holding a Licence who desires to exercise the rights thereunder in any District other than that specified on his Licence shall, before doing so, on entering such other District for that ])urpose, immediately report himself to the Native Connnissioner, and if there be none tlien to the Resident Magistrate thereof, who may grant him permission to exercise such rights as aforesaid in such District. Such permission, if granted, shall be endorsed upon the Licence. 11. No labour agent shall be entitled to exercise the rights granted to him under his licence on any public road or thoroughfare, or within any public diggings or lalx)ur district . 12. No labour agent sliall be granted the sole and exclusive privilege of exercising the rights granted by a licence in any district or specified area. No concession or contract by any Native Chief or Headman binding himself or his people to provide Native Labour shall be vaUd ; and any person inducing or attempting to induce any Native Chief or Headman so to bind himself shall be liable on conviction to a fine not exceeding one hundred pounds, and in default of payment to imprisonment with or without hard labour for a period not exceeding six months, and shall further, if he hold a Licence as a Labour Agent, be liable to have such Licence cancelled. 13. A nv person who shall by wilful misrepresentation of the terms or conditions of employment induce natives to leave this colony, or to engage themselves for work or labour either within or beyond the borders thereof, shall be liable on conviction for every sucli offence to a penalty not exceeding one hundred pounds, or in default of jjayment to imprisonment with or without hard labour for a jieriod not exceeding six months, and if he hold a licence under this Proclamation he shall be liable to have the same cancelled. 14. Whoever shall (whether a Labour Agent or not) directly or indirectly, either by himself or by an Agent, by offer of higher wages or other privileges, or by any other means, cause, induce, or persuade, or attempt to cause or induce or persuade, or aid or assist in causing, inducing, or persuading, any Native servant, by words or any other means, to leave his employer's service in violation of any agreement of service, whether in writing or not, shall, on conviction thereof, be liable to a fine not exceeding fifty pounds, or to be imprisoned, with or without hard labour, for any term not exceeding six months, or to both such fine and such imprisonment, and if a Labour Agent he shall also be liable to have his License cancelled. lo. Whoever shall (whether a Lal)our Agent or not) conceal, employ, or retain, aid or abet in concealing, employing, or retaining any Native servant or ai)prentice who shall have deserted from the service of any master, or otherwise absconded or a!)sented himself from such service, shall on conviction be liable to pay a fine not exceeding nftH pounds, or in default of ])ayment to be imprisoned with or without hard labour for any term not exceeding six months, and to cancellation of Licence. 16. All employers of more than iicent;/ Natives shall be obliged to register their names and aildresses, and the average number of Natives employed by them, at the office of the Commissioner for Native Affairs not later than the .'ilst January of each year, and lists of such employers shall from time to time be published in the Gazette. 1 7. If anv licence holder ceases to be emi)loyed by the perscjn whose name iippears ujxai his licence, the licence shall thereupon cease and determine, and the fees already paid thereon shall not be recoverable. If a new licence is applied for no fees shall be paid in respect of the unexpired jiortion of ihe ])revious licence. 18. Everv Employer of a Labour Agent shall, within seven days after such Agent has left his service, inform the Commissioner for Native Affairs thereof. 19. Lists shall from time to time be ])ublished in the Gazette, of Licences issued to Labour Agents, as well as of Licences which have been susjiended or which have been determined, or been cancelled. 41 20. It shall be lawful for any Justice of the Peace. Constable, or Officer of the Law, ^'^o maj- or Native Commissioner, or Pass Officer, or Railway Traffic Manager, iVssistant Traffic LabourAgeS ^lanairer, or Station Master employed on any of the railways in the Transvaal, or for production any other person authorised thereto at any time, to demand the production of his Licence by any Labour Ai^ent or liy any person whom he may believe or suspect to be acting as a Labour Agent. 21. Every labour agent shall provide himself with a book of forms, to be obtained LabourAgent on applicalion at the office of the Connnissitnier for Native Affairs, and shall, on engaging himself with anv native to work unr labourers for the ijiirpose of work or labour for or on behalf of the Govern- -^^sent ^ , - . ' . . recruiting ment ; ))rovided that it shall be competent in the case of such authorised Officer or Agent labourers to dispense with the charge payable on Jiicences under Regulation No. 6. Government work. 23. Any person exercising the calling of a Labour Agent without being provided Peuaitj- for with a Licence for that ])urpose, or exercising the calling of a Labour Agent in any place caUiug'"^ or in any manner other than that specified in his Licence, shall, for every such offence, of a Labour be liable on conviction, to imprisonment, with or without hard labour, for any period not without a exceeding six months. Licence. 21. Any person wh(j shall fail or refuse forthwith to give or deliver up any Licence Penalty for which has been suspended or cancelled or which has expired by effluxion of time shall H gTve up a be liable to a i^enaltv not exceedinof fifii; iiounds, or, in default of payment, to imprison- Licence ^ r • l"' X T • xl "^ ^ which has ment tor any j)eriod not exceeding six months. been suspended or cancelled. 2."). Any person who knowingly and wilfully employs or causes to be employed as Penalty foi Labour Agent any person not in possession of a Jjicence shall, for every such offence be a^r Labour liable, on conviction, to iin|)risonmeut, with or without hard labour, for any j^eriod not Agent a exceeding six months, and to a penalty not exceeding Jioc hi/i/dred pounds. norhaving Licence. Ji. — Compound Ovekseers. 1. It shall not be lawful for any jierson to act as a compound overseer within the No person Transvaal unless he be in lawful possession of a licence issued by the Commissioner for Compound Native Affairs, or by any officer annoiuted by him thereto. Overseer • • ' ' ■ without Licence. 2. In the event of the death, al)sence on leave or duty, or sickness of a licenced substitute compound overseer, hi-* employer shall have the right to appoint a substitute, subject to aMwinfed tlie upjM'oval and contirmiition of the Commissioner for Native Affairs, and such sul)stitute on .leatb. shall act for such overseer witliout taking out any licence for such period as the siiid dutyor'" Commissioner may approve not exceeding the unexpired period of the licence held by si'kmssof 1 !• • 1 ■ Compound such overseer as aioresaid. Overseer. 3. (1) Licences may be issued for a period of not more than one year on payment of Conditions an amount at the rate of :£l per month in advance. Licence.'^ " (2) Applications, on printed form, must be made to the Commissioner for Native Aff'airs or any officer a|)pointed by him to deal with such aj)plications. (."?) Each a])p!ic:ition f >r a licence must be accompanied by a recommendation from the employer of the applicant. 4. The issue or renewal of a licence by the Commissioner tor Native Aff^airs may be Licence may refused without any reason being given therefor. ' be refused. 5. 'fhe issue of a licence to any person shall not conlur any right to its renewal. 6. (1) A compound overseer who has been convicted of any crime and sentenced Licence may , . . .1 i. I' 1 111 • , 1 i' . ,, be c:nicel]ed to imprisonment by a court ot law, or who has been convicted of any contravention ot on .-..nviction these or any other regulations relating to native labour or native passes, shall be liable to °^ holder of have his licence cancelled or suspended in addition to any other punishment to which he *"^ ''"™''' may have rendered himself liable. (2) Any compound overseer who, in the opinion of the Commissioner for Native Licence may Affairs, has been guilty of any misctmduct which renders it undesirable that he irhoider"'' shall be allowed to cont inue to carry on the calling of compound overseer under s"''t.v "^ the provisions of these regulations shall be liable to have his licence cancelled. Employer to inform Commis- Bioner when Compound Overseer enters or leaves his service. List of Licences issued to l)e published in "Gazette.' Penalty for exercising calling- of Compound Overseer without a Licence. Penalty for refusing to give up Licence which has been cancelled or ausjiended. Penalty for employing unlicensed person as Compound Overseer. Duties of Corapiund Overseer. 42 7. Every employer must at once inform the Commissioner for Native Affairs when any licensed Compuiuul Overseer enters or leaves his service. 8. Lists shall from time to time be piihlished in the Guzette of licences issued to Compound Overseers, which are current as well as licences newly granted, suspended, determined or cancelled. 9. Any person exercising the calling of a Conipouiul Overseer without being pro- vided with a licence for that par])ose, shall for every such offence be liable on conviction to imprisonment, with or without hard labour, for any period not exceeding six months or to a penalty not exceeding one hundred jwunds, or both. 10. Any person who shall fail or refuse forthwith to give or deliver up any Licence which has been suspended or cancelled or which has expired by effluxion of time shall be liable to a penalty not exceeding /z/h/ jiounds, or in default of payment to im]M'isonment not exceeding six months. IL Any person who knowingly or wilfully employs or causes to be employed as Compound Overseer any person not in possession of a licence, shall for every such offence be liable on conviction to imprisonment, with or without hard labour, for any period not exceeding six months or to a penalty not exceeding /zrt' hundred pounds, or both. 12. It shall be incumbent upon a Licensed Compound Overseer — (rt) To see that there are no native labourers in the employ of the Com}iany or person in whose service he is in or about the compound not in ])ossession of Registered Labour Passports ; {b) To see that any transfers, new contracts or agreements or renewals, are recorded on the Passport ; and (c) To afford to Inspectors of Natives, appointed by the Commissioner for Native Affairs all facilities for having access to the Natives under his charge, and to all books and accounts relating to the wages of such Natives. Provided that any neglect of the Compound Overseer vo comply with these Regulations shall not absolve the employer from the obligations imposed on him under the provisions of the Pass Regulations in force in Labour Districts. Enclosure 3 in No. 21. Transvaal No. 35 of 1901. Proclamation By His Excellency the Administrator of the Transvaal. Wliereas it is desirable to relieve certain coloured person^ residing in this Colony from the operation of the Law'relating to passes and such other Laws as the Adminis- trator of the Transvaal may from time to time notify : Now therefore, by virtue of the authority in me vested, I do hereby declare, proclaim, and make kno^vn as follows: — 1. Any ordained coloured Minister of a recognised Christian denomination, any coloured person holding a certificate of qualification as an elementary teacher or any higher educational certificate from the Education Department in this or any other British Colony, and any coloured person who exercises a profession or trade may apply to the Commissioner for Native Affairs for a Letter of Exemption in the form in the Schedule hereto annexed relieving hun from the operation of the Law relating to Passes or such other Laws as may from time to time be notified in the Gazette by the .A.dministrator of the Transvaal. 2. (1) Every letter of Exemption shall be signed by the Commissioner for Native Affairs, and shall be registered, and a copy thereof filed in his office, and shall have endorsed thereon the date of such registration. (2) No such Letter of Exemption shall be issued to any person applying therefor until he shall have taken an oath or declaration or affirmation of allegiance to His Majesty, His Heirs or Successors, before some person authorised to administer the same. 43 3. Every cploured person who has obtained a Letter of Exemption shall carry it with him, and shall produce it at the request of any Police or Pass Official, and on failure to do so shall be liable on conviction to a fine not exceeding 10s., or in default thereof to imprisonment not exceeding three days. 4. Every application for a Letter of Exemption shall be made by petition to the Commissioner for Native Afi'aii's, and the following requirements shall be complied with by the applicant: — (a) The petition must state the petitioner's full name, age, and residence, place of birth, and the length of time he has resided in this Colony; his trade or profession. (b) In the case of a Minister of Religion, the petition must state the date of his ordination, the person by whom he was ordained, and the religious denomination of which he is a Minister. (c) Where the petitioner is the holder of a certificate of qualification as an elementary teacher or of any higher educational certificate, such certificate must be produced by him. 5. To every such petition there shall be attached an affidavit sworn to, solemnly declared, or affirmed by the petitioner before any Justice of the Peace in this Colony verifying the allegations in the petition. 6. Any person who shall wilfully and falsely swear, solemnly declare, or affirm that his allegations in the said petition are true when in truth they are not ^shall be deemed to be guilty of perjury and on conviction shall be liable to the penalties by law provided for that offence. 7. The Commissioner for Native Affairs shall have full power and authority to investigate the truth of the statements contained in the petition or to require the petitioner to furnish any additional information or any explanation he may consider necessary; and the said Commissioner may for any reason which appears to him sufficient refuse to issue to such petitioner a Letter of Exemption. 8. It shall be lawful for the Administrator from time to time to notify m the " Gazette " any other Laws to be included under this Proclamation, and on such notifi- cation as aforesaid the provisions of this Proclamation shall mutatis mutandis apply to the Laws mentioned in such notice. 9. Every person to whom a Letter of Exemption shall be granted under this Proclamation shall from and after the date of the delivery of such Letter to him be deemed and reckoned as exempt from the provisions and operation of the Laws men- tioned in the first paragraph hereof or hereafter notified in the " Gazette." 10. This Proclamation shall be cited for all purposes a.s " The Coloured Persons' Exemption (or Relief) Proclamation, 1901." God Save the King. Given under my Hand and Seal at Johannesburg this 10th day of December, 1901. MiLNER, Administrator. Bv Command of His Excellency the Administrator. G. V. FiDDES, Secretary to the Transvaal Administration. Schedule. To All to whom these Presents shall come, Greeting : Whereas under the provisions of the "Coloured Persons' Rehef Proclamation, 1901," I am empowered to grant Letters of Exemption to any coloured person residing in this Colony and coming within any of the classes of coloured persons described in section one of this Proclamation ; andi whereas A.B., being at the present time residing at in the District of , has in conformity w^ith the provisions of the said Proclamation been deemed to be entitled to be relieved from the operation of certain laws mentioned in the said Proclamation and in Government Notice : Now know ye that by and under the powers vested in me by the said Proclamation I do hereby make known and declare that A.B. shall be and is hereby declared to be 44 exempted from and taken out of the operation of the laws relating to Passes and to [here mention any other Laws included in the Proclamation by Notice in the " Gazette "]. Given by me this day of in the Year of our Lord at (Signed) Commissioner for Native Affairs. Enclosure 4 in No. 21. Transvaal No. 36 of 1901. Proclamation To Amend Law No. 19 of 1898, By His Excellency the Administrator of the Transvaal. Whereas it is desirable to more effectually prohibit the sale of intoxicating liquor to coloured persons : Now, therefore, by virtue of the authority in nie vested, I do hereby declare, proclaim, and make known as follows: — Article sijj of Law 19 of 1898, save as to the definition* of the_ expression " coloured person," is hereby repealed, and the following substituted in lieu thereof : — 1. No person shall sell, barter, or otherwise supply to any coloured person, wine, spirituous or malt liquor, methylated spirits or spirits of wine, or any other intoxicating brew or mixture : Provided always that liquor may be supplied to a coloured person for medicinal purposes, and in such case the burden of proof will be upon the person who supplied it to show that the liquor was required for such purpose. Any person contravening the provisions of this Section shall, on conviction, any- thing to the contrary contained in Law 19 of 1898 notwithstanding, be liable : (a) For a first offence to imprisonment with or without hard labour for a period not less than six months and not exceeding twelve months, and at the discretion of the Court in addition to such imprisonment to a fine not exceeding £250, and in default of payment to imprisonment with or without hard labour for a period not exceeding six months ; (b) For a second offence to imprisonment with or without hard labour for a period not less than twelve months and not exceeding two years, and in addition to such imprisonment, at the discretion of the Court, to a fine not exceeding £500, and in default of payment to imprisonment with or without hard labour for a period not exceeding twelve months ; (c) For a third or any subsequent offence to imprisonment with or without hard labour for a period not less than two years and not exceeding three years, and in addition to such imprisonment, at the discretion of the Court, to a fine not exceeding £1,000, or in default of payment to imprisonment with or without hard labour for a period not exceeding two years. 2. Any person being the holder of a licence under Law No. 19 of 1898 who shall be convicted of contravening the provisions of Section one hereof shall, in addition to any other penalty, forfeit his licence, and no licence shall be granted to such person or in respect of the same premises for a period of five years from the date of such conviction. 3. No coloured person shall obtain by purchase or barter wine, spirituous or malt liquOr, metliylated spirits, spirits of wine, or any other intoxicating brew or mixture. Any coloured person contravening the provisions of this section shall, on conviction, be liable to be imprisoned with or without hard labour for a period not exceeding three months. 4. Sections (one) and (three) of this Proclamation shall apply to the sale, purchase, or barter of the liquor commonly known as " Kafir Beer," only in any town and within an area of six miles from the boundaries thereof and on any public diggings. 5. Any case of a contravention of this Proclamation mav be brought before and determined by the Resident Magistrate or Assistant Resident Magistrate within whose jurisdiction such contravention was committed, and such Resident Magistrate or Assistant Resident Magistrate shall have jurisdiction to impose any of the penalties provided for such contravention. • COLOXIAL Office Note. — The definition is as follows: — "The term 'colonred person' shall signify any African or Asiatic native or coloured American or St. Helena person, coolie, or Chinaman, whether male or female."' 45 U. Article forty-three of the said Law No. 19 of 1898 is hereby repealed, and the following substituted in lieu thereof : " It shall be lawful for any Pohce Constable, having a special written authority from a Magistrate, Justice of the Peace, or Police Officer above the rank of Inspector, at all reasonable hours to enter any unlicensed premises, or any wagon, cart, or other vehicle in which it shall reasonably be suspected that any intoxicating hquor is improperly sold or kept for sale, and search such premises, wagon, cart, or other vehicle. Any Uquors found in the course of search may be seized and removed, and may be declared forfeited by any Court on conviction before it of the o^mer or persons found in possession thereof under the provisions of the said Law No. 19 of 1898: Provided always that when there is danger that the delay occasioned by obtaining such written autb.ority will defeat the objects of this section, any Police Constable may exercise the powers conferred hereby without any written authority, but he shall as soon as possible report what he has done to the Commissioner of Police. God Save the King ! Given under my Hand and Seal at Johannesburg this 10th day of December, 1901. MiLNER, Administrator. By Command of His Excellency the Administrator. G. V. FiDDES, Secretary to the Transvaal Administration. No. 22. Mr. CHAMBERLAIN to Administrator LORD MILNER. (Sent 4 p.m., January 21, 1902.) Telegram. 21st January. No. 5. Referring to your despatches of 29th November, 6th December and 13th December,* Proclamations affecting natives. I approve these measures, which are in accordance with the spirit of the instruc- tions which you received when we discussed the matter during your visit to this country, and I concur generally in your statement of the principles which are to guide the native policy of your Administration. I recognize that it was necessary to take action at once in regard to these more pressing matters which have been dealt with, and that other branches of the native question should be left for settlement later. You are no doubt considering the question of altering the penalty of floggmg of natives under the Gold Law and other similar pro\asions in the Statute Book, in the light of my despatch of 17th August last,t now that all lashes under the Pass Law have been abolished. • No8. 10. 2(1 and 2]. t ^'o- ^7. 10S64 46 APPENDIX. COMPARATIVE STATEMENT OF PENALTIES ON NATIVES UNDER THE PASS LAW OF THE TRANSVAAL. Otfencii. South African Republic Law of 1896. . South African Republic Law of 1899. Proclamation S7 of 1901. Trinidad Ordinance 19 of is9y. 1. Being with- out pass or having lap.sed pass. Section 14. Fine up to .63 or im- prisonment with hard labour up to '^ weeks for first offence. For second up to £5 or 4 weeks' i m p r i s onment with hard la- bour with lashes at discretion of Court for later offences. Section IG. Fine £5 to £10 or im- prisonment with or without hard labour, not less than t) weeks or more than •! months, with or without lashes up to 2."). (Section .i. Regula- tions.) Fine up to £.'). and in default of payment imprison- ment with or without bard labour up to one month. Section 136. Maximum penalty on being un- lawfully at large, imprisonment with or without hard labour for 3 mouths. 2. Fraudulent Section 16. Fine Section l.><. Fine Forgiiig or uttering Section 230. Using possession not exceeding of at least .€5, counterfeit passes is another man's pass, fine of pass and £5 with im- or one mouth's punishable with up to up to £.5, or imprison- deception prisonment up imprisonment ;CoO fine, and in de- ment with or without of Pass to one month with hard la- 1 fault of payment six hard labour up to two Officers. with hard la- bour with or months with or with- months, or both. bour, or lashes without lashes out hard labour, or Section 232. Forging up to 2.5. up to 1.". or fine both (Section 20 or uttering forged ' up to £10, or Regulations). passes, imprisonment i m p r i sonmeut with or without hard ' with hard la- labour for a year. bour up to two months, or lashes up to 20. 3. Desertion See below Section 20. (Section l.S of Regu- Section 142. Fine up of service. Punishable lations.) ^Maximum to £5, or imprison- ■ with penalties £10 fine. and. in ment up two months. as in Section default <->f paymenc. or both. 16. imprisonment, with with or without hard labour, up to three months. 4. Leaving Section 18. Fine Section 21. Mini- iSi'f General Penalty Section 13;. Aliseuce labour dis- not exceeding mum fine f ■") or Clause of Proclama- without leiive from tiict. &Z or one one month's tion. Section 2. work is punishable month's im- imprisonment by fine up to £2 if prisonment with ha r d male, or £1 if female. with hard la- labour, with or Section 21.'?. Quitting bour, with or' without lashes. Colony without pass- without lashes. If in violation of port is punishable by If in violation of contract fine fine up to £5, contract up to may be raised £.T and two to £7 and im- months. prisonment to two months. 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