A Century of Wrong

LORD DERBY'S DISPATCH ON THE CONVENTION OF 1884.

To MESSRS. KRUGER, DU TOIT, AND SMIT.
DOWNING STREET,
15 February, 1884.

GENTLEMEN,

I have the honour to acknowledge the receipt of your letter of the 13th inst., in which you intimate your readiness to accept the arrangement proposed by me at our recent interview, whereby the debt of the Transvaal State to Her Majesty's Government would be reduced by £127,000. I will not delay to recommend this proposal to the consideration of Her Majesty's Government.

I have considered the representations and suggestions made in the fourth and following paragraphs of your letter, and I do not think it would now be practicable to carry out the arrangements which you propose for the settlement of the questions referred to. Her Majesty's Government are willing, however, that the 20th Article of the Convention of Pretoria shall be retained in the new Convention, with such verbal alterations as are requisite, and I am glad to understand that this course will meet your views.

It does not appear to me to be necessary that I should refer in detail to each Article of the draft. You will observe that in the preamble and throughout the Convention the wish of your Government that the designation "South African Republic" should be substituted for "Transvaal State" has been complied with. In the first Article the extension of the Western boundary is precisely defined as agreed to. By the omission of those Articles of the Convention of Pretoria which assigned to Her Majesty and to the British Resident certain specific powers and functions connected with the internal government and the foreign relations of the Transvaal State your Government will be left free to govern the country without interference, and to conduct its diplomatic intercourse and shape its foreign policy subject only to the requirement embodied in the fourth Article of the new draft—that any treaty with a foreign State shall not have effect without the approval of the Queen.

There are other provisions in the draft which have not been the subject of discussion with you; they are for the most part a renewal of those declarations made on behalf of the Transvaal State in the Convention of Pretoria, which it is desirable (as I trust you will agree in thinking) to maintain as an assurance to all parties that there will be no withdrawal of those securities for liberty and equal treatment which your State has always professed itself ready to afford. I would, however, refer more specifically to the 19th Article of the draft, in which it is proposed that in consideration of the discontinuance of all direct interference by this country in the government and control of the natives within the Transvaal, it should be formally declared that your Government will adopt and carry out the assurances which, with their assent and approval, were given to those natives by Her Majesty's Commissioners.

I trust that I may soon hear from you that there is no obstacle to my informing Her Majesty's Government that the Draft Convention can be adopted.

I have, etc.,

DERBY.

NOTE.—The words and paragraphs bracketed or printed in italics are proposed to be inserted, those within a black line are proposed to be omitted.

[**Transcriber's Note: Words to be omitted are surrounded with '='s.**]

Her Majesty's Commissioners for the settlement of the Transvaal Territory, duly appointed as such by a Commission passed under the Royal Sign Manual and Signet, bearing date the 5th of April 1881, do hereby undertake and guarantee, on behalf of Her Majesty, that from and after the 8th day of August 1881, complete self-government, subject to the suzerainty of Her Majesty, Her Heir and Successors, will be accorded to the inhabitants of the Transvaal Territory, upon the following terms and conditions, and subject to the following reservations and limitations:—

Whereas the Government of the Transvaal State, through its Delegates, consisting of Stephanus Johannes Paulus Kruger, President of the said State. Stephanus Johannes Du Toit, Superintendent of Education; Nicholas Jacobus Smit, a member of the Volksraad, have represented to the Queen that the Convention signed at Pretoria on the 3rd day of August, 1881, and ratified by the Volksraad of the said State on the 20th October, 1881, contains certain provisions which are inconvenient, and imposes burdens and obligations from which the said State is desirous to be relieved; and that the south-western boundaries fixed by the said Convention should be amended, with a view to promote the peace and good order of the said state, and of the countries adjacent thereto; and whereas Her Majesty the Queen, &c., &c., has been pleased to take the said representations into consideration. Now, therefore, Her Majesty has been pleased to direct, and it is hereby declared that the following articles of a new Convention—shall when ratified by the Volksraad of the South African Republic, be substituted for the Articles embodied in the Convention of 3rd August, 1881; which latter, pending such ratification, shall continue in full force and effect.

Signed at =Pretoria= London this =3rd day of August 1881,=

=HERCULES ROBINSON,=
=President and High Commissioner=
=EVELYN WOOD, Major General,=
=Officer Administering the Government=
=J.H. de VILLIERS.=

Signed at =Pretoria,= London, this =3rd day of August 1881=

=S.J.P. KRUEGER=
=M.W. PRETORIUS=
=P.J. JOUBERT=

THE ANNEXATION OF THE DIAMOND FIELDS.

In his speech at the opening of the Cape Parliament on the 18th April, 1872, Sir Henry Barkly said:—

"The Sovereignty of Her Majesty was therefore proclaimed and brought into operation with the full consent of the diggers, and the Government has since been carefully and efficiently administered, notwithstanding considerable difficulties."

The Diamond News of the 1st May, 1872, says, in referring to this speech:—

"Of the three short paragraphs which immediately concern us, the first is one of self-congratulation—the diggers and other inhabitants of Griqualand accept the British Government with heartfelt satisfaction. Sir Henry says nothing of the unaccountable and daily increasing dissatisfaction with that Government, and perhaps he knows nothing of it, as it would be an act of suicide for the Commissioners, which they would not be guilty of, to report about the prevailing feelings."

On the 30th May, 1872, the Diamond Fields said:—

"There can be no doubt that the population of the Diamond Fields are strongly opposed to annexation to the Cape Colony.

"If anything like a plebiscite could be taken, the votes against being put under the Cape Government would be in the proportion of nine to one ... even the Free State Government would get two votes to one if the Cape Town Government were the only other candidate."

In December, 1871, scarcely a month after the dispersion of the Free State authorities and the constitution of Sir Henry Barkly's junta, lynch law broke out. Lawlessness and general insecurity prevailed everywhere (see Diamond News, 17th January, 20th March, 17th July, 1872).

One reads in the Diggers' Gazette of the 26th April, 1872:—

"No one would wish to ask for a continuation of the existing state of affairs. Only entirely mischievous people could wish for the continuation of such a failure as our Commissioners of British rule have brought about on these Fields. We have formerly expressed ourselves openly about this matter, and our local contemporaries have done the same."

The following remarks were made in the Diamond News of the 16th December, 1871:—

"The British Government, so highly prized, which would put everything to rights and would do so much for the diggers, has brought the camps back to their original position of having to protect themselves."

In the Diamond News of the 10th July, 1872 (eight months after the constitution of Sir Henry Barkly's rule), the following criticisms appear:—

"Robberies are becoming so frequent that if we were only to relate the particulars of those that have been brought to our notice we would require more space than our limits will allow. Innumerable petty thefts are passed by without punishment. This is certainly a charming state of affairs! And the question naturally arises—how long will this continue? Thieves, black and white, experienced and dangerous, and yet no night police to stop their illegal actions! Shall we get no night police, or must the scoundrels, who are poisoning our camps continually, enjoy the immunity and freedom which they now appear to have?"

On the 26th July lynch law and revolt broke out afresh in an extensive way at New Rush, the principal diggings. The Diggers' Gazette made the following remarks about this:—

"As long as Judge Lynch remains free to hold his court and to levy his punishments, for so long can the whole framework and machinery of lawful authority just as well cease to exist.

"Authority cannot maintain its claim to be respected as long as persons suffering under the sense of having been injured take the law into their own hands, solely because of the proved incapability of those in authority to protect them where their interests mostly need protection.

"Day after day, and night after night, the one or other part of the camp is entertained by the edifying spectacle of natives being thrashed, tents being burnt, and white people surrounded by ferocious crowds who can scarcely be kept back from carrying out their desire for vengeance by a small truncheon and a thick thong.

"We do not wish to justify this state of affairs, but we cannot shut our eyes to the injustice which almost makes it a necessity.

The Diamond News, in its issue of 20th July, 1872, says:—

"The copious news in our columns, and the reports of meetings, as well as the scenes which take place every night at mass meetings in this time of excitement, uproar and confusion, take up nearly all our principal columns. We heartily wish that the fire may be speedily got under, or else it is very much to be feared that the end will be dreadfully injurious to the safety and welfare of the innocent."

On the 19th July, 1872, a very large meeting of diggers was held at the Market Square, New Rush, when the following resolution, among others, was unanimously passed:—

"As this meeting is of opinion that, with a view to the prevailing disturbances in this camp, the Commissioners ought at once, with the Diggers' Committee, to make such amendments in the existing unsatisfactory state of the law as will as far as possible prevent the thefts of diamonds by native labourers, and their purchase by unprincipled dealers, and will also make such alterations in the law so as to promote the general welfare."

In the Cape Parliament, commencing the 5th June, 1872, Mr. Merriman said:—

"The Fields ... were annexed and a form of government was introduced there which could not be more ludicrous. A sort of irresponsible Commission (the Rovers junta) was established, in which the members could not agree, and were not responsible to anybody; he could imagine nothing more ridiculous or which worked worse. The Orange Free State had given the people a sort of representation, but the first act of our Government was to abolish all the Commissions, and the result was that the people were burdened with an irresponsible body.

"The Orange Free State had appointed a responsible official ... who was efficient ... while we had established a court twenty miles away from the most populated part; whereby grinding expenses had been entailed on those who sought justice, just as if it was the only object of the British Government to pile up heavy law costs."

Mr. Buchanan declared: "He himself, when he visited the Diamond Fields, had wandered from camp to camp, and from the one sorting table to the other, and had talked with the diggers in order to acquaint himself as to their feelings about various matters, and he had obtained the conviction that there was a great deal of feeling against the British Government."

In the subsequent debate in the Cape Parliament Mr. J.H. Brown said, in regard to Mr. Orpen's motion: "That the diggers look with the greatest contempt on the Government which was there now, and that this Government was quite as much hated as it deserved to be."—(Diggers' Gazette, 12th July, 1872).

In the Diamond News of the 8th October, 1872, one reads:—

"Newspaper after newspaper comes out, and those who have a claim upon land look eagerly to see 'what is happening about the land?' and all the information the newspaper gives is that David Arnot, Esq., claims half the country, and that Francis Orpen, Esq., the Surveyor, has decided that £30 must be paid before the case of any claimant can be taken into consideration. It is Arnot and Orpen and land; and land and Orpen and Arnot, week after week. They appear to be made one for the other, and for nothing and nobody else.

"Half a newspaper is filled with lists of claims of the said David, and it becomes daily clearer and clearer that the great head chief of Griqualand West cannot be Mr. Waterboer, but must be David Arnot—because all the claims and all the kopjes have been provided for, and all are for Mr. Arnot and nobody else.

"The impression is everywhere that British protection is invoked not for British interests, nor for the interests of Britons working on the fields here, but for the sake of two gentlemen who hold the reins with far more power than ought to be given to anyone who is entrusted with the administration of this country.

"Who has ever heard of a Government which binds itself to give the surveyorship of a new country to one man only? Mr. Francis Orpen is decidedly a first-class man in his profession ... but that does not justify any Government in agreeing that he, and he only, is to keep the survey of this territory entirely in his own hands. Everyone knows what that must lead to."

THE REPLY TO MR. CHAMBERLAIN'S DISPATCH ON GRIEVANCES.

DEPARTMENT OF FOREIGN AFFAIRS, PRETORIA.

26th September, 1899.

SIR,

The Government of the South African Republic has the honour to acknowledge the receipt of a copy of a certain dispatch dated 10th May, 1899, addressed to His Excellency the High Commissioner by the Secretary of State for the Colonies, in consequence of a petition sent to Her Majesty the Queen of Great Britain and Ireland. 21,684 signatures appear on this petition, and are said to have been affixed thereto by an equivalent number of British subjects resident at Johannesburg, in this Republic.

This Government notes that Her Majesty's Government have thought fit, on the grounds of the information already in their possession, to make investigation into the subject matter of the aforesaid petition, and, as a result of such investigation, to express to this Government their views on the administration of the internal affairs of this Republic, which said views they have at the same time communicated to the memorialists as an answer to their petition.

This Government may be permitted to point out that the Convention of London of 1884, entered into between this Republic and the Government of Her Britannic Majesty, guarantees to the South African Republic full and free internal administration without any interference from anyone whatever. As Lord Derby notifies in his dispatch of the 15th February, 1884:—

"Your Government will be left free to govern the country without interference, and to conduct its diplomatic intercourse, and shape its foreign policy, subject only to the requirements embodied in the fourth article of the new draft—that any treaty with a foreign State shall not have effect without the approval of the Queen."

In his despatch of the 4th February, 1896, the Colonial Secretary, Mr. Chamberlain, states:—

In a telegram, also from Mr. Chamberlain, dated 26th March, 1896, the same statement is substantially made, viz.:—"Her Majesty's Government do not claim any rights under the Conventions to prescribe particular internal reforms which should be made in South African Republic."

This Government has always felt it a solemn duty for the Republic to adhere strictly to the Convention of 1884 in its entirety; at the same time, it has been consistent in protesting in the most forcible manner against any interference or intermeddling with the internal affairs of the Republic, and against the discussion or treatment of these affairs with or by any other than the Republic itself, and it can discover no reasons now which would either justify such interference or exempt it from the accusation of being a violation of the Convention of London.

This Government feels convinced that Her Majesty's Government would not favourably entertain a request from British subjects for intervention because the said British subjects are unwilling (as was agreed between this Republic and Her Majesty's Government in the Convention of London) to conform themselves to the laws of the land and to respect the legal institutions and customs of the South African Republic, and because they feel aggrieved that the laws are not altered in accordance with their demands.

This Government has, however, on more than one occasion, notified to Her Majesty's Government that it will attach great value to any suggestions which may be tendered in the interests of British subjects, and it will certainly lend a very willing ear to any friendly advice or hints which may be given by Her Majesty's Government as being the representative of a Power which, with this Republic and the Orange Free State, protects and fosters the paramount interests of South Africa.

His Honour the State President was animated by these sentiments when he accepted the courteous invitation of His Honour President Steyn to proceed to Bloemfontein in order to confer with Your Excellency about matters which are an equal source of interest to this Republic and Her Majesty's Government. These friendly sentiments now prompt it to take the liberty of drawing serious attention to the fact that Her Majesty's Government certainly appear to be supplied with insufficient and incorrect data about facts and occurrences from which erroneous ideas and conclusions are drawn, so that, although desirous of avoiding subjects the discussion of which would be contrary to the Convention, this Government nevertheless feels that it ought to convey to Her Majesty's Government the true position of affairs, and that it ought to point out how the latter is misled, the condition of affairs as depicted in the dispatch under reply being in all respects exaggerated, and in many instances entirely untrue.

This Government is all the more convinced that this memorial is of no great moment, and that it certainly does not express the feelings of all the so-called Uitlanders, because another memorial has been received by it from about 23,000 inhabitants of this Republic, nearly all Uitlanders, and amongst whom are several British subjects. The High Commissioner was informed that the signatures to this memorial were obtained in a perfectly bona fide way, and this information was supported by sworn affidavits. The purport of this memorial bore evidence to the fact that the thousands of Uitlanders who signed it were satisfied with the administration and the Government of this Republic, and did not share the views of the memorialists to Her Britannic Majesty in respect of what the latter considered to be legitimate grievances.

This Government may further be permitted to point out that although the Uitlander population may have co-operated in effecting an increase in the revenues of the State, principally, as His Excellency has been informed, in custom dues, prospecting licences, railway receipts, etc., so that the revenue in 1898 amounted to £3,983,360, the fact must not be lost sight of, on the other hand, that gold to the value of £20,000,000 was exported from the State during the same year 1898, almost entirely by the Uitlanders.

At the same time, it must not be forgotten that although the, chief item in custom dues is collected on goods which are imported at Johannesburg, yet these goods are not entirely used or consumed by the Uitlanders, for a considerable quantity is sent over the whole Republic by the wholesale merchants to the retail dealers who do business with the burghers in the villages and the country, so that much of what is imported into Johannesburg is destined for consumption by the original burgher of the Republic.

The character of the financial administration must have been erroneously represented to Her Majesty's Government if it was simply stated that defalcations to an amount of £18,590 had taken place. It would ex facie appear from such a statement that the above defalcations had taken place during the past year; as a matter of fact, the Inspection Department, which has only recently been called into existence, reported over financial matters covering the years 1884 to 1896.

It is unfair to characterise all deficiencies as defalcations, for from the nature of the case a deficiency does not always constitute a defalcation. The report specified the sub-divisions of monies which had yet to be accounted for. The first item in such deficiencies amounted originally to £12,000, and of this £6,000 was afterwards collected, and the balance was only brought forward; another item of £10,808 11s. was brought forward in its entirety, but £3,000 of this was eventually collected and accounted for, while continual efforts were made to secure the balance. Many items not brought forward were collected long before and accounted for, while during the inspection of last year it was found that a sum of £800 yet remained to be paid in out of the deficiencies, which balance has been accounted for.

Any person who is even superficially acquainted with financial administration will readily admit that this is due to a system of accounting which was followed until recently by Her Majesty's Government, and which obtains in some British Colonies, in Natal, for instance, at the present moment.

This system may deserve condemnation; it does not, however, necessarily follow that because the advances may not be speedily accounted for they have been embezzled, and it does not appear either from the report of the Inspector of Offices, or from the debates of the Volksraad, that such accusations were made. But in addition to this a sum of at least £1,968,306 is included in the aforesaid total of £2,398,506 16s. 8d. (but which is not comprised in the customary advances), such as Orphan Chamber £80,000, Indigent Burghers £150,000, Postal Orders £60,000, various loans to School Committees, Sanitary Boards, and for Waterworks, Hospitals, Committees, monies placed at interest in Europe, provisional loans to Railway Companies, purchases of food stuffs and mules in time of famine, and many others.

Items, too, of considerable importance appear in the advances, although they have really been accounted for up to within a pound or two, because for one reason or another it has not been possible to write off the exact total, the amounts still to be accounted for having dwindled to a very insignificant figure.

The contention that during 1896 a sum of £191,837 was paid out of the Secret Service Money is also absolutely unfounded, for in that amount a sum of £158,337 was included which was used for special Government Works, as was expressly stated in a foot-note on page 44 of the Estimates for 1897. The Secret Service Fund for that year (1896) did not amount to more than £33,500. This faulty information, supplied to Her Majesty's Government, is apparently taken from the said Estimates, it would seem with the fixed determination to ignore the explanatory foot-note on page 44.

It is incorrect to state that the system of granting concessions remains in full force. Where the Right Hon. the Secretary of State in his despatch refers to industrial concessions, this Government may remark that these are privileges granted in order to stimulate and protect local industry, and the contention that these concessions will develop into practical monopolies is not supported by any evidence; results will show that misleading information has been given here as well.

Few, if any, Uitlanders avail themselves of this offer; the few who have done so are now satisfied with it, and continue to enjoy the privileges of the resolution, although it was only renewed in 1898 for those schools which made a bona fide use of it. Law No. 15, 1896, made provision for the children of poor parents and strangers on the proclaimed gold fields entirely at State expense, and 13 schools have been established by this law—with 51 teachers and about 1,500 scholars—at Barberton, Pilgrims' Rest, Kaapsche Hoop, Johannesburg (5, viz., 1 in von Brandis Street, 1 at Braamfontein, 1 at Union Ground, 1 at Vredesdorp, and 1 in Market Street), Maraisburg, Krugersdorp, Randfontein, Klerksdorp, and Nigel. In addition to these, preparations are being made for State schools at the City and Suburban, Bertramstownship, Johannesburg, and at Roodepoort (Krugersdorp).

Out of the above-named 13 schools, English is the medium of instruction in four, and of the remaining nine English is the medium for the children of English-speaking parents, and Dutch for those of Dutch-speaking parents. In these nine schools a little more time is devoted to learning Dutch in each standard than was the case in the former standard, so that equality in both languages is reached at the 5th standard.

The object of the system of education in this Republic is to ensure in the first place the foundation of general knowledge. Law No. 8, 1892, provides this for the children of the original Boer population in their mother tongue, in which the necessary schoolbooks must be written, with this understanding, however, that in the 3rd standard three hours, and in the higher ones four hours, per week out of the 25 must be devoted to education in a foreign language.

With regard to the schools formed under the above-mentioned Resolution, teaching is carried on through the medium of a foreign language, but at least 5 hours per week must be devoted to the study of the official language of the country.

Of the 13 schools formed under Law 15 of 1896, the children of strangers are instructed in their own language, while the number of hours for instruction in and by means of Dutch is increased in each standard.

According to a Resolution of the First Volksraad, dated the 8th August, 1898, Article 731, a certain number of the School Board members required by Article I of Law 15 of 1896 have to be nominated and chosen by the Executive Council out of enfranchised persons (Article 2, Law 8, 1893) proposed by the fathers of the school children, on the understanding that the persons so chosen shall constitute less than half of the whole School Board, and further, that the persons so proposed shall always be double the number of the people actually nominated. The above facts clearly prove, according to the opinion of this Government, that Her Majesty's Government has also been misled in respect to the matter of education. It is clear that one-fourth of the whole educational vote has been devoted to the gold fields, so that the children of Uitlander residents can make use of it; that proper provision is made for education in the mother tongue whatever it may be, while at the same time compulsory education of the language of the country is also provided for. That both by the Resolution of the 1st June, 1892, as well as by the Law 15 of 1896, more has actually been done for the Uitlanders than for the original inhabitants, and that more time is given to the mother tongue of the children in the schools on the gold fields of this Republic than in any country in the world, and that here again information of a misleading character must have been given to His Excellency and the British Government.

With reference to the Municipality of Johannesburg, this Government desires to remark that in accordance with the promise made in 1896, the grant of Municipal Administration was made to the inhabitants of Johannesburg by which the control of that town and its suburbs was conferred upon them.

Her Majesty's Government seem to think that this Municipality does not answer its purpose, in the first place because half of the members must be naturalized burghers (not fully enfranchised burghers as the dispatch under reply erroneously contends), and in the second place because the financial powers of the town council are restricted.

With regard to the first objection, it is impossible that this should be a great grievance, because a residence of two years in the Republic is sufficient for naturalisation; as a matter of fact, more than the necessary half of the members are burghers; this shows conclusively that the requirement of burghership is in no sense an obstacle. The objection as to the restriction of the financial powers of the council is not conclusive, because there is no Municipality in the world the financial powers of which are not restricted by the law under which they are created, and the restrictions in the case of the town council of Johannesburg are the usual ones in such cases.

The Advisory Board recommended by the Industrial Commission would have proved inefficient because the laws with the administration of which that body would have had to concern itself can be carried out in a better and more efficient way by an official like the State Attorney, who has almost unlimited power and means of doing so. This is exactly what has happened. All complaints with regard to gold thefts have actually disappeared; one no longer hears of complaints as to the operation of the pass law; while latterly, as Her Majesty's Government must be well aware, the Chamber of Mines and other bodies of the Witwatersrand have repeatedly expressed their satisfaction with the stringent way in which the liquor law has been upheld. No local body, however well informed, would have been able to do what the State Attorney has done in this matter, and that is sufficient justification of the action of both Government and Volksraad in refusing to establish such an Advisory Board.

With regard to these allegations, this Government perceives that much importance is attached in the dispatch to the so-called Lombard incident, the so-called Edgar case, and the so-called Amphitheatre occurrence.

A brief consideration of the facts referring to these three matters will show how unfounded are the accusations of Her Majesty's Government.

With reference to the Lombard incident, this Government wishes to point out that no complaint was lodged with any official in this Republic for a full month after the illtreatment of Cape coloured people was alleged to have taken place, and that neither the Government nor the public was aware that anything had taken place. The whole case was so insignificant that some of the people who were alleged to have been illtreated declared under oath at a later period before a court of investigation that they would never have made any complaint on their own initiative. What happened, however?

About a month after the occurrence the South African League came to hear of it; some of its officials sent round to collect evidence from the parties who were alleged to have been illtreated, and some sworn declarations were obtained by the help of Her Majesty's Vice-Consul at Johannesburg (between whom and this League a continual and conspicuous co-operation has existed). Even then no charge was lodged against the implicated officials with the judicial authorities of the country, but the case was put in the hands of the Acting British Agent at Pretoria.

According to the report, nothing was proved as to the so-called illtreatment; the special instances of alleged illtreatment turned out to be purely imaginary; it was clearly proved and found that the complainants had acted contrary to Law, and the Commission only expressed disapproval of the fact that the arrests and the investigation had taken place at night, and without a proper warrant. It fills this Government with all the greater regret to observe that Her Majesty's Government bases its charges on ex parte, groundless, and in many respects false declarations of complainants who have been set in motion by political hatred, and that it silently ignores the report of the Commission.

The gravity of the matter, however, lies in the unjust accusation of Her Majesty's Government—that the meeting was broken up by officials of this Republic, and that the Government had curtly refused to institute an enquiry.

This Government would not have refused to investigate the matter if any complaints had been lodged with it, or at any of the local Courts, and this has been clearly stated in its reply to Her Majesty's request for an investigation.

Instead of expressing their disapproval of such complaints, and referring the petitioners to the local Courts, Her Majesty's Government accepts those complaints, and gives them an official character by forwarding them for the information of this Government, and by publishing them in blue books for the information of the world.

Her Majesty's Government will readily acknowledge that there is no State in the world with any sense of dignity, however weak and insignificant it may be, which can regard such matters with an indifferent eye; and when the relations of the two Governments are strained, then the mainspring must be looked for in this action of its subjects, which is not disapproved of by Her Majesty's Government, and not in imaginary or trumped-up grievances.

The Edgar case is referred to by your Government as "the most striking recent instance of arbitrary action by officials, and of the support of such action by the Courts," and this case is quoted as a conclusive test of the alleged judicial maladministration of this Republic; it will therefore be of interest to pause for a moment and consider it. What are the true facts?

This Government is convinced that the English Judicial administration affords numberless instances where the facts are as strong as in this case, and it cannot see why an occurrence which could happen in any part of the world should be especially thrown in their teeth in the form of an accusation.

This Government does not wish to pass over in silence the censure which has been passed by Her Majesty's Government on the Public Prosecutor of Johannesburg, by whom the prosecution of this case was conducted; the fact that he is of pure English blood, that he received his legal training in London, that he is generally respected by the Uitlander population on account of his ability, impartiality, and general character, will naturally not be of any weight with Her Majesty's Government against the facts of his action in calling witnesses for the prosecution who were intended for the defence, and thus rendering an imaginary cross-examination abortive.

This Government only wishes to point out that the fact that the Edgar case is the strongest which Her Majesty's Government has been able to quote against the administration of justice in this Republic affords the strongest and most eloquent proof possible that, taking it in general, the administration of justice on the gold fields of this Republic not only compares favourably with that on other and similar gold fields, but even with that of old and settled countries.

The untrue representations of this occurrence in the Press prove conclusively that the newspapers of the Witwatersrand, the atrocity-mongering tactics of which constitute a share of the organised campaign against the Republic and its Government, have been compelled to resort to mendacious criticisms on imaginary instances of maladministration which were often simply invented. Where the Press is forced to adopt such methods, the true grievances must of necessity be unreal.

Respecting the existing Press Laws, No. 26 of 1896, and No. 14 of 1898, it is necessary to remark that no printer, issuer, or editor of a newspaper can be prosecuted unless he has made himself guilty of criminal libel, so that the principle of the Grondwet of 1858 has in this respect been rigidly adhered to. Her Majesty's Government will at once see that these laws cannot in any way bear harshly upon the writing public, a fact which is clearly borne out by the way in which the newspapers of this country are edited. Nowhere else in the world has the liberty of the Press so degenerated into license. No newspaper in any country in the world would for one moment dare to speak of the Government, the Legislature, and authorities of the country as the Star, the Transvaal Leader, and similar newspapers do every day in this Republic.

The imaginary nature of these grievances is not dispelled by the fact that the power is vested in the State President of prohibiting either entirely or provisionally the circulation of any printed matter which is contrary to good morals or public order, because the very same Supreme Court, which in the opinion of Her Majesty's Government only exists at the mercy of this Government, has pronounced that it has no power to prohibit the circulation of any newspaper; the freedom of the regular Press thus remains as unrestricted as under the old Grondwet.

As a matter of fact, any person who has any practical experience of the Press of this Republic will regard the accusation as ridiculous, and as evincing an entire ignorance of the true facts. This power has not been exercised by the Judges on many occasions, but only once, and in that instance the High Court annulled the decision.

With regard to the Aliens Expulsion Law, this, like the Press Law, ought to be estimated according to its spirit and operation. Since this law has come into force the State President has only on one occasion made use of the power vested in him of expelling an undesirable individual, and his action was endorsed by the approval of the Press and the public of the country. As similar laws exist in nearly every civilised country in the world, it is difficult to see why such a law in this Republic should prove so objectionable in the eyes of Her Majesty's Government.

This law was only applicable to this particular instance, and became inoperative immediately after its application; and this Government cannot understand how suspicion can therefore fall upon the impartial administration of Justice in this Republic. If the Government had acquiesced in the position taken up by the late Chief Justice, then all titles dependent upon Volksraad resolutions would have been called in question, which would not only have dealt a heavy blow to existing rights, but also have plunged the administration of Justice in great uncertainty and doubt.

By this law the Judges, instead of being brought under the influence of the Executive Council, were really placed in the same constitutional position as any Judge in the Supreme Court of England, who is unable to question the validity of any law.

This Government has now traversed the various contentions of Her Majesty's Government, which have been submitted in order to prove that the policy of this Government, with regard to the Uitlander population and the administration of the laws, especially on the gold fields, are the causes of the strained relationship at present existing between the two Governments.

But this Government wishes to go further. Even in regard to those Uitlanders who are British subjects, it is a small minority which, under the pretext of imaginary grievances, promotes a secret propaganda of race hatred, and uses the Republic as a base for fomenting a revolutionary movement against this Government. Ministers of Her Majesty have so trenchantly expressed the truth about this minority that this Government wishes to quote the very words of these Ministers with the object of bringing the actual truth to the knowledge of Her Majesty's Government, as well as to that of the whole world, and not for the purpose of making groundless accusations.

The following words are those of the Ministers of the Cape Colony, who are well acquainted with local conditions and fully qualified to arrive at a conclusion:—

"In the opinion of Ministers the persistent action, both beyond and within this Colony, of the political body styling itself the South African League in endeavouring to foment and excite, not to smooth and allay, ill-will between the two principal European races inhabiting South Africa is well illustrated by these resolutions, the exaggerated and aggravated terms of which disclose the spirit which informs and inspires them.

Race hatred is, however, not so intense in South Africa as to enable a body with this propaganda, aiming at revolutionary objects, to obtain much influence in this part of the world; and one continually asks oneself the question—"How is it that a body so insignificant, both in regard to its principles and its membership, enjoys such a large measure of influence?" The answer is that this body depends upon the protection and the support of Her Majesty's Government in England, and that both its members and its organs in the Press openly boast of the influence they exercise over the policy of Her Majesty's Government. This Government would ignore such assertions, but when it finds that the ideas and the shibboleths of the South African League are continually echoed in the speeches of members of H.M. Government, when it finds that blue books are compiled chiefly from documents prepared by officials of the South African League, as well as from reports and leading articles containing "malignant lies" taken from the Press organs of that organisation, thereby receiving an official character, then this Government can well understand why so many of Her Majesty's right-minded subjects in this part of the world have obtained the impression that the policy advocated by the South African League is supported by Her Majesty's Government, and is thus calculated to contribute to the welfare and blessing of the British Empire.

If this mistaken impression could be removed, and if it could be announced as a fact that the South African League, as far as its actions in the South African Republic are concerned, is only an organisation having as its object the fomentation of strife and disorder and the destruction of the independence of the country, then it would very soon lose its influence, and the strained relations existing between the two Governments would quickly disappear. The Africander population of this country would not then be under the apprehension that the interests of the British Empire imperatively demand that the Republic should be done away with and its people be either enslaved or exterminated. Both sections of the white inhabitants of South Africa would then return to the fraternal co-operation and fusion which was beginning to manifest itself when the treacherous conspiracy at the end of 1895 awakened the passions on both sides.

THE FINAL DISPATCH OF MR. STATE SECRETARY REITZ.

ENCLOSURE.

DEPARTMENT FOR FOREIGN AFFAIRS,
GOVERNMENT OFFICE,
PRETORIA,
3rd March, 1899.

Sir,

Acknowledging the receipt of your letter of the 11th inst. re the meeting of the South African League held in the Amphitheatre at Johannesburg on the 14th January, 1899, I have the honour to communicate the following to you.

The complaint that the Government, or its duly authorised officials, have acted with partiality in this matter is entirely devoid of truth, and this Government regrets that such an unfounded and insulting accusation should have been made nearly a month after the occurrence in question.

Messrs. Dodd and Webb have been duly arrested and committed for trial on account of what took place on the 24th December, 1898, upon sworn affidavits which left nothing else for the proper officials to do but to prosecute.

With reference to the Amphitheatre occurrence, not a single British subject has lodged a sworn complaint against anybody with the proper officials, so that it can hardly be expected that this Government should now take any steps against the alleged disturbers of the peace.

Regarding the accusation that officials of this Government have contributed to the instigation of uproar on the said occasion, this Government can only state that no complaints have been made to it or the proper authorities, either from British subjects or from subjects of other Powers, so that this Government, to its regret, can do nothing in this matter. In case, however, of such complaints being lodged with the proper authorities, the Courts of the country are open to them.

I have the honour to be, Sir,
Your obedient servant,
F.W. REITZ,
State Secretary.

To THE HON. CUNYNGHAME GREENE, C.B.,

British Agent, Pretoria.