The foregoing sketch has shown how
deeply our people felt and resented the wrong that
was done to them. It was to be expected that such
a treacherous attack on the Republics, emanating from
their own leader, would awaken the Africanders even
in the remotest districts, and would bring fresh energy
into the arena of politics. To give an instance
of the measure of the feeling which had been quickened
by the raid, a short extract is given below from an
article published in the organ of the Africander party,
Our Land, a few months after the Raid, an article which undoubtedly
expressed the feeling of Africanders:
“Has not Providence over-ruled
and guided the painful course of events in South Africa
since the beginning of this year (1896)? Who can
doubt it?
“The stab which was intended
to paralyse Africanderdom once and for all in the
Republics has sent an electric thrill direct to the
national heart. Africanderdom has awakened to
a sense of earnestness and consciousness which we
have not observed since the heroic war for Liberty
in 1881. From the Limpopo as far as Cape Town
the Second Majuba has given birth to a new inspiration
and a new movement amongst our people in South Africa.
A new feeling has rushed in huge billows over South
Africa. The flaccid and cowardly Imperialism,
that had already begun to dilute and weaken our national
blood, gradually turned aside before the new current
which permeated our people. Many who, tired of
the slow development of the national idea, had resigned
themselves to Imperialism now paused and asked themselves
what Imperialism had produced in South Africa?
Bitterness and race hatred it is true! Since
the days of Sir Harry Smith and Theophilus Shepstone
and Bartle Frere to the days of Leander Jameson and
Cecil Rhodes, Imperialism in South Africa has gone
hand in hand with bloodshed and fraud. However
wholesome the effects of Imperialism may be elsewhere,
its continual tendency in this country during all
these years has been nothing else but an attempt to
force our national life and national character into
foreign grooves; and to seal this pressure with blood
and tears.... This is truly a critical moment
in the existence of Africanderdom all over South Africa.
Now or never! Now or never the foundation of a
wide-embracing nationalism must be laid. The
Iron is red hot, and the time for forging is at hand....
... The partition wall has disappeared.
Let us stand manfully by one another. The danger
has not yet disappeared; on the contrary, never has
the necessity for a policy of a Colonial and Republican
Union been greater; now the psychological moment has
arrived; now our people have awakened all over South
Africa; a new glow illuminates our hearts; let us
now lay the foundation stone of a real United South
Africa on the soil of a pure and all-comprehensive
national sentiment.”
Such language caused the Jingoes to
shudder not because it was disloyal, because
that it certainly was not, but because it proved
that the Jameson Raid had suddenly awakened the Africanders,
and that owing to this defeat of the Jingoes a vista
of further and greater defeats widened out in the
future. The Colonial Africanders would certainly
have to be reckoned with, in case an annexation policy
were followed with regard to the Republics.
For some time the Jingoes cherished
the hope that they would gain the majority in the
Cape Parliament under an amended Redistribution Act.
The General Election of 1898 took place, with the
result that the Africander party obtained a small
majority, and later, under a Redistribution Act forced
upon them by the Jingoes, the majority of the former
was considerably increased.
Instead of honestly admitting that
the Africander victory was the natural result of the
Jameson Raid, the Jingoes began, not only in South
Africa, but also in England, to shout that the rule
and supremacy of England in South Africa was menaced.
They contended that South Africa would
be lost to England unless energetic intervention took
place without delay, and that this menace to English
rule was due to the Republican propaganda which the
South African Republic had set in motion. That
as long as the South African Republic refused to humiliate
itself before British authority, but on the contrary
kept its youthful head on high with national pride,
other parts of South Africa would be inclined to follow
its example, and there would thus be no certainty
for British supremacy in this quarter of the globe.
The South African Republic would have to be humiliated
and to be crushed into the dust; the Africanders in
other parts of South Africa would then abandon their
alleged hope of a more extensive Republican South
Africa.
But how was this humiliation to be
brought about, and how, above all, was it to be brought
about by those “Constitutional means,”
which, since the failure of the conspiracy, had become
a sine qua non?
The new Governor of the Cape Colony
and High Commissioner of South Africa, who had enjoyed
the distinction of a brilliant university career,
who had learnt humility and moderation at the feet
of Mr. W.T. Stead, and who had learnt by his
experience with the fellaheen in Egypt how to govern
the descendants of the Huguenots and the “Beggars
of the Sea,” would know very well how to evolve
“Constitutional means” in order to humiliate
the South African Republic, and to crush it into the
dust.
There was at any rate the burning question of suzerainty,
which the South African Republic had unconsciously and innocently raised in the
following way:
After the Jameson Raid the Volksraad
had passed certain laws with a view of removing some
of the causes of that movement, as, for example, the
law by which dangerous individuals could be expelled
from the State, and the law by which paupers and people
suffering from contagious diseases could be prevented
from entering the Republic. These laws were declared
to be in conflict with Article XIV. of the London Convention.
Violations of Article IV. were also said to have taken
place in regard to certain extradition and other treaties,
which had been concluded between the South African
Republic and Foreign Powers. On the 7th May, 1897,
the Government of the South African Republic dispatched
a very important reply to these accusations, in which,
after fully stating the reasons why the Government
differed from Her Majesty’s Government, an appeal
was made for arbitration as being the most suitable
method of settling the dispute.
This appeal was couched in the following language:
To this the British Government replied
that according to the Convention of 1884, taken in
conjunction with the preamble of the Convention of
1881, the South African Republic was under the suzerainty
of Her Majesty, and that it was incompatible with
the subordinate position of the South African Republic
to submit to Arbitration any matters in dispute as
to the construction of the Convention between it and
the suzerain Power.
In order to avoid any misunderstanding
as to this very remarkable document, the exact wording
of the British dispatch is given:
“Finally, the Government of the South African
Republic propose that all points in dispute between
Her Majesty’s Government and themselves relating
to the Convention should be referred to Arbitration,
the Arbitrator to be nominated by the President of
the Swiss Republic. In making this proposal the
Government of the South African Republic appear to
have overlooked the distinction between the Conventions
of 1881 and 1884 and an ordinary treaty between two
independent Powers, questions arising upon which may
properly be the subject of Arbitration. By the
Pretoria Convention of 1881 Her Majesty, as Sovereign
of the Transvaal Territory, accorded to the inhabitants
of that territory complete self-government, subject
to the suzerainty of Her Majesty, her heirs, and successors,
upon certain terms and conditions, and subject to
certain reservations and limitations set forth in 33
articles; and by the London Convention of 1884, Her
Majesty, while maintaining the preamble of the earlier
instrument, directed and declared that certain other
articles embodied therein should be substituted for
the articles embodied in the Convention of 1881.
The articles of the Convention of 1881 were accepted
by the Volksraad of the Transvaal State, and those
of the Convention of 1884 by the Volksraad of the
South African Republic. Under these Conventions,
therefore, Her Majesty holds towards the South African
Republic the relation of a suzerain who has
accorded to the people of that Republic self-government
upon certain conditions, and it would be incompatible
with that position to submit to Arbitration the construction
of the conditions on which she accorded self-government
to the Republic.”
On this account, as well as for other
reasons, it contended that as no suzerainty existed
between the two countries, the objection to Arbitration
as a means of settling disputes would disappear, and
the Government reiterated their appeal to have such
differences or disputes disposed of by Arbitration.
Naturally this was exactly what Mr.
Chamberlain did not want. He was opposed to Arbitration
dispute, because it would have probably led to the
humiliation of the British and not of the Boer Government.
The suzerainty question was introduced in the meanwhile
as a “Constitutional Proposal,” which
might be used for the purpose of humiliating the South
African Republic.
In his answer to the arguments put
forward by the South African Republic, Mr. Chamberlain
could only persist in repeating his contention that
suzerainty still existed, and did not even attempt
to refute the statement that Lord Derby had himself
erased the preamble of the Convention of 1881.
It was clearly his opinion that Lord Derby had, through
stupidity and thoughtlessness, abandoned the suzerainty
in 1884, just as Lord Russell had abandoned the idea
of obtaining the South African Republic in 1852, so
that he would now, just as Shepstone in 1877, have
to try and disconcert the Republic by a display of
force and inflexible determination, so as not to be
deprived of these eminently “Constitutional
means.”
In other words, it contended that
the Convention of London implied that the South African
Republic was a sovereign international state, and that
it was therefore superfluous in that Convention to
specify or define its rights. Into this answer,
which is not only juridically and historically correct,
but which rests on the basis of common sense, the astute
High Commissioner was able to read a menace to Her
Majesty’s Government, although the Government
of the Republic distinctly stated in that reply that
it adhered to the Convention of London, an assurance
which it had already made hundreds of times.
This is the whole history of the suzerainty
dispute between the two Governments. The South
African Republic had asked for arbitration on certain
questions, and England, with Mr. Chamberlain as spokesman,
had refused, because a suzerain Power could not be
expected to settle disputes with its vassal by means
of arbitration. So that according to the new
principles of International Law, based on the “screw”
ethics of Birmingham, it was to be judge and jury
in its own disputes with other people.
The position taken up by our Government in this remarkable
controversy is substantiated by the actions of Lord Derby during the
negotiations about the Conventions, as well as by the following telegram, which
he sent to the High Commissioner for communication to the two Republics:
HIGH COMMISSIONER, CAPE
TOWN.
To BRITISH RESIDENT,
PRETORIA.
Please inform Transvaal Government
that I have received the following from the Secretary
of State: 27th February. Convention
signed to-day. New south-western boundary
as proposed, following trade road. British
Protectorate country outside Transvaal established
with delegates’ consent. They promise to
appoint Border Commissioner inside Transvaal,
co-operate with ours outside; Mackenzie British
Resident. Debt reduced to quarter million.
Same complete internal independence in Transvaal as
in Orange Free State. Conduct and control
diplomatic intercourse Foreign Governments conceded.
Queen’s final approval treaties reserved.
Delegates appear well satisfied and cordial feeling
two Governments. You may make the above
known.
This Convention is also substantiated
by the express declarations of Lord Rosmead and the
Rev. D.P. Faure to the effect that it was clearly
understood, at the time the London Convention was concluded,
that the suzerainty was abolished. It is unnecessary
to add anything about the evidence of the Members
of the Transvaal Deputation. The suzerainty has
thus not the slightest shadow of existence; and yet,
as will be proved, Mr. Chamberlain is prepared to
go to war with the South African Republic over this
question, a war which will, according to his intentions,
result in Annexation.
While the two Governments were occupied
with this question the Capitalists were not idle.
They were busy fanning the flame in another direction.
It was not only a fact that Rhodesia was an unexpected
failure, but it had proved far richer in native wars
than in payable gold mines. The Capitalist groups
possessing the greatest interests in the Witwatersrand
gold mines were also the most deeply interested in
Rhodesia, and it naturally occurred to them that their
Transvaal mines ought also to bear the burden of their
unprofitable investments in Rhodesia an
adjustment which would, however, necessitate the amalgamation
of the two countries, especially when the interests
of the shareholders were considered.
In order to attain this object a continual
agitation was kept up at Johannesburg, so that English
shareholders living far away should be prepared for
the day when the Annexation would take place on Constitutional
lines.
The argument which was calculated
to impress these European shareholders was that the
administration of the South African Republic had created
a situation which was most prejudicial to the financial
interests of the mining industry. Viewed from
this standpoint the Uitlander grievances were an inexhaustibly
rich and payable mine.
This agitation first of all emanated directly from the
Capitalists, and had assumed such proportions in 1897 that the Government
decided to appoint a Commission of officials and mining magnates in order to
enquire searchingly into the alleged financial grievances. As far as the
Government was concerned, the chief findings of the Commission were:
(1). That the price of dynamite
(85 shillings per case of 50lbs.) was too high under
the existing concession, and that a diminution in price
was desirable either by cancellation of the concession,
or by testing the legality of the concession in the
High Court.
(2). That the tariffs of the
Netherlands Railway Company for the carriage of coal
and other articles were too high, and that it was
necessary to expropriate the railway.
(3). That the import duties on
necessaries of life were too high, and that the cost
of living in Johannesburg for workmen was too high.
(4). That stringent measures
ought to be adopted in order to prevent gold thefts,
and that the law for the total prohibition of drink
to native labourers ought to be more strictly enforced,
and that there ought to be a more stringent application
of the Pass Law (under which the traffic of the native
labourers was regulated).
(5). With the object of carrying
out the measures specified in Section 4, the Commission
recommended that an Advisory Board should be nominated
for the Witwatersrand gold fields for the purpose of
advising the Government as to the enforcement of the
said regulations.
To what extent was effect given to these recommendations?
1. As far as dynamite is concerned,
it appeared that there was no chance of contesting
the concession in the law courts with any success.
Nor did the Volksraad or the Government feel justified
in cancelling, without the consent of the owners,
a contract which had been solemnly entered into, and
upon which enormous sums of money had been expended.
The Mining Industry was naturally eager for cancellation,
even without adequate compensation; but the public
were not at that time aware of a fact which was made
public some months later, namely, that the De Beers
Corporation intended to erect a dynamite manufactory,
and that this agitation of the Capitalists was intended
to obtain for themselves the control of this great
source of income. People, however, knew that the
Messrs. Chamberlain were interested in the English
ammunition and dynamite house of Kynoch, but they
hesitate to assume that the Colonial Secretary was
actuated in his Transvaal policy by considerations
of private financial interest.
The Government and Volksraad of the
South African Republic adopted the wiser plan of lowering
the price of dynamite to such an extent as to make
it about equal to the local European price plus a protective
tariff of 20s. per case.
It may here be remarked that Mr. Chamberlain,
knowing how unpopular the Dynamite Concession was
in the South African Republic, intimated to the Government
of the South African Republic, in a very threatening
manner, that the Concession was in conflict with the
London Convention.
The answer of the Government to this
communication was so crushing that Mr. Chamberlain
did not again return to the subject. In this he
was, no doubt, also actuated by the fact that the
most renowned English and European jurists had advised
that the concession was in no sense a breach of the
Convention. This, however, only became known later,
and it is merely referred to now so as to show that
no stone was left unturned in order to find a means
of humiliating the South African Republic.
2. With regard to the Netherlands
South African Railway Company, it would appear that
the Capitalists have altered their opinion, and now
think that the administration of the Company is as
good as can reasonably be expected, and that expropriation
is now unnecessary. Perhaps, from their point
of view, it would be better to buy up the shares of
the Company, and thus become themselves masters, instead
of the Government, of this source of income.
Respecting the Railway tariff, it
is fair to assume that the cause of dissatisfaction
has disappeared, for no complaints are now heard since
the tariff was lowered in accordance with the recommendations
of the Commission.
This change in the tariff, together
with the abolition of duties on nearly all necessaries
of life have made a difference of about L700,000 in
the income of the State during the last year.
It will be admitted that this is an enormous item
in comparison with the total income of the South African
Republic. The above tends to show how anxious
the Government of the South African Republic has been
to remove all grievances as soon as it was proved
that they actually existed.
3. As regards the administration
of the Liquor Law, the Pass Law, and the Law dealing
with Gold thefts, neither the Government nor the Volksraad
felt at liberty to adopt the recommendation as to constituting
an Advisory Board on the Witwatersrand. They decided
to go deeper to the roots of the evil, and so altered
the administration of the Laws that the evidences
of dissatisfaction have disappeared. Indeed, no
one ever hears of gold thefts now, and the representative
bodies of the mining industry have repeatedly expressed
their satisfaction with the administration of the
Pass Law, and especially with that of the Liquor Law.
In this very Liquor Law we have a
test of a good administration. From the very
nature of the drink question it is one of the most
difficult laws that a Government can be called upon
to administer, and the measure of success which has
attended the efforts of the Government and its officials
proves conclusively that the charges of incompetency
so frequently brought against the Government of the
South African Republic were devoid of truth, and were
only intended to slander and to injure the Republic.
A combined meeting of the Chamber of Mines, the Chamber
of Commerce, and the Association of Mine Managers the
three strongest and most representative bodies on
the Witwatersrand Gold Fields passed the following resolutions, which speak
for themselves:
1. This combined Meeting, representing
the Chamber of Mines, the Chamber of Commerce,
and the Mine Managers’ Association, desires
to express once more its decided approval of the
present Liquor Law, and is of opinion that prohibition
is not only beneficial to the Natives in their
own interest, but is absolutely necessary for
the Mining Industry, with a view of maintaining the
efficiency of labour.
2. This Meeting wishes to express
its appreciation of the efforts made to suppress
the Illicit Liquor Trade by the Detective Department
of this Republic since it has been placed under the
administration of the State Attorney, and is of
opinion that the success which has crowned these
efforts fully disproves the contention that the
Liquor Law is impracticable.
The first resolution was carried by
an overwhelming majority, and the second unanimously.
Compare this declaration of the representatives
of the Mining and Commercial interests of the Witwatersrand
with the allegation repeated by Mr. Chamberlain in
his great “grievance” dispatch of the 10th
May, 1899 that the Liquor Law had never
been strictly enforced, but that this law was simply
evaded, and that the Natives at the mines were supplied
with drink in large quantities.
When Mr. Chamberlain wrote these words
they were absolutely untrue, and, like all his grievances,
are of an imaginary character.
The results have clearly shown that
the Government was quite correct in its conclusion
that it was better to alter the administration of the
laws complained of, than to adopt a principle (the
advisory board), the consequences and eventual outcome
of which no one was able to foresee.
The agitation in connection with the
report of the Industrial Commission was followed by
a great calm. If it had not been that the handling
of the Swazie difficulty by the British Government
gave colour to suspicion, one might have thought that
there was no cloud upon the horizon. To a superficial
observer, the two Governments seemed to be on the
best and most friendly footing, and some of us actually
began to think that the era of the fraternal co-operation
of the two races in South Africa had actually dawned,
and that the cursed Raid and its harvest of race hatred
and division would be forgotten. Certain circumstances,
however, indicated clearly that the enemy was occupied
in a supreme effort to cause matters to culminate
in a crisis.
The South African League, a political
organisation which sprang up out of, and owed its
origin to, the race hatred which the Jameson Raid had
called into being, and at the head of which Mr. Rhodes
himself stands (a fact which places Capitalistic influence
in a very clear light), began towards the latter part
of last year to agitate against the Government in
the most unheard-of way.
The individuals who stood at the head
of this institution in Johannesburg were such that
very little attention was paid to the League.
It was, however, soon clearly shown that not only was
the movement strongly assisted by the Capitalists,
and strongly supported all along the mines, but that
there was a close relationship in a mysterious way
with Cape Town and London. The events of the last
few months have brought this out very clearly.
Meetings were arranged, memorials to Her Majesty about
grievances were drawn up, and an active propaganda
was preached in the Press; this all proved in a convincing
way that a carefully planned campaign had been organised
against the Republic.
As the Government of the South African
Republic has set forth the trend of the agitation
as well as the connection of the British Government
with it in an official despatch, it is desirable to
quote the language itself: “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 basis 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.”
“His Excellency’s Ministers
are one in their earnest desire to do all in their
power to aid and further a policy of peaceful progress
throughout South Africa, and they cannot but regard
it as an unwise propagandism, hostile to the true
interests of the Empire, including this Colony as an
integral part, that every possible occasion should
be seized by the League and its promoters for an attempt
to magnify into greater events minor incidents, when
occurring in the South African Republic, with a prospect
thereby of making racial antagonism more acute, or
of rendering less smooth the relations between Her
Majesty’s Government or the Government of this
Colony and that Republic.”
“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 exert 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 Her Majesty’s 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.”
As a result of the continual agitation
of the South African League, three occurrences were
selected and elevated by Mr. Chamberlain into culminating
instances of the Uitlander grievances. To give
the world a clear insight into the nature of the grievances
in general, extracts are given from the official accounts
both of the British and the Republican account of
these occurrences. There were three the
“Lombard affair,” with reference to the
maltreatment of coloured British subjects at Johannesburg;
the “Edgar case,” in connection with the
shooting of an English subject by a police official;
and the “Amphitheatre occurrence,” in
regard to a disorderly meeting of the South African
League.
With regard to the “Lombard
incident,” Mr. Chamberlain says:
“As an instance of such arbitrary action the
recent maltreatment of coloured British subjects by
Field Cornet Lombard may be cited. This official
entered the houses of various coloured persons without
a warrant at night, dragged them from their beds,
and arrested them for being without a pass. The
persons so arrested were treated with much cruelty,
and it is even alleged that one woman was prematurely
confined, and a child subsequently died from the consequences
of the fright and exposure. Men were beaten and
kicked by the orders of the Field Cornet, who appears
to have exercised his authority with the most cowardly
brutality. The Government of the Republic, being
pressed to take action, suspended the Field Cornet,
and an enquiry was held, at which he and the police
denied most of the allegations of violence; but the
other facts were not disputed, and no independent
evidence was called for the defence. The Government
have since reinstated Lombard.
“Unfortunately this case is
by no means unparalleled. Other British subjects,
including several from St. Helena and Mauritius, have
been arbitrarily arrested, and some of them have been
fined, without having been heard in their own defence,
under a law which does not even profess to have any
application to persons from those Colonies.
“However long-suffering Her
Majesty’s Government may be in their anxious
desire to remain on friendly terms with the South African
Republic, it must be evident that a continuance of
incidents of this kind, followed by no redress, may
well become intolerable.”
The answer of the Government of the
South African Republic was as follows:
“With reference to the Lombard case, 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.
“When the allegations were brought
under the notice of this Government, they at once
appointed a commission of enquiry, consisting of three
members, namely, Landdrost Van der Berg,
of Johannesburg, Mr. Andries Stockenstrom, barrister-at-law,
of the Middle Temple, head of the Criminal Section
of the State Attorney’s Department, and Mr. Van
der Merwe, Mining Commissioner, of Johannesburg;
gentlemen against whose ability and impartiality the
Uitlander population of the Republic have never harboured
the slightest suspicion, and with whose appointment
the Acting British Agent also expressed his entire
satisfaction. The instructions given to those
officials were to thoroughly investigate the whole
case, and to report the result to the Government; and
they fulfilled these instructions by sitting for days
at a time, carefully hearing and sifting the evidence
of both sides. Every right-minded person readily
acknowledges that far greater weight ought to be attached
to the finding of this Commission than to the declarations
of the complainants, who contradicted one another
in nearly every particular, and who caused the whole
enquiry to degenerate into a farce.”
“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; but 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.”
Mr. Chamberlain represented the Edgar
case in the following way: “But
perhaps the most striking recent instance of arbitrary
action by officials, and of the support of such action
by the Courts, is the well-known Edgar case.
The effect of the verdict of the jury, warmly endorsed
by the Judge, is that four policemen breaking into
a man’s house at night without a warrant, on
the mere statement of one person, which subsequently
turned out to be untrue, that the man had committed
a crime, are justified in killing him there and then
because, according to their own account, he hits one
of them with a stick. If this is justification,
then almost any form of resistance to the police is
justification for the immediate killing of the person
resisting, who may be perfectly innocent of any offence.
This would be an alarming doctrine anywhere.
It is peculiarly alarming when applied to a city like
Johannesburg, where a strong force of police armed
with revolvers have to deal with a large alien unarmed
population, whose language in many cases they do not
understand. The emphatic affirmation of such a
doctrine by Judge and jury in the Edgar case cannot
but increase the general feeling of insecurity amongst
the Uitlander population, and the sense of injustice
under which they labour. It may be pointed out
that the allegation that Edgar assaulted the police
was emphatically denied by his wife and others, and
that the trial was conducted in a way that would be
considered quite irregular in this country, the witnesses
for the defence being called by the prosecution, and
thereby escaping cross-examination.”
The answer of the Government of the
South African Republic was: “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?
“A certain Foster, ‘an
Englishman,’ was assaulted and felled to the
ground, without any lawful cause, by a man named Edgar
during the night of the 18th December, 1898; he lay
on the ground as if dead, and ultimately died in the
hospital. Edgar escaped to his room, and some
police came on the scene, attracted by the screams
of the bystanders. Amongst the police was one
named Jones. When they saw the man who had been
assaulted lying as if dead, they went to Edgar’s
apartment in order to arrest him as a criminal (he
had, indeed, rendered himself liable for manslaughter,
and apparently for murder). As he was caught in
the very act, the police officers were, according
to the Laws, not only of this Republic, but of all
South Africa and of the United Kingdom of Great Britain
and Ireland, justified in breaking open the door in
order to arrest the culprit. While doing so,
Edgar, with a dangerous weapon, struck Jones a severe
blow. Under the stress of necessity the latter
shot Edgar, from the effects of which he died.
The question is not if Jones was justified in taking
this extreme step, for the State Attorney of the Republic
had already given effect to his opinion that this was
a case for the jury by prosecuting him for manslaughter.
The question is solely whether any jury in any country
in the world would have found a man guilty of any
crime under the circumstances set forth, and whether,
if they did not find him guilty, the fact of their
doing so would have been stamped and branded as a
flagrant and remarkable instance of the maladministration
of Justice.
“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 would 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 being 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.”
I now give Mr. Chamberlain’s
accusations about The the Amphitheatre occurrence:
“Some light upon the extent to which the police
can be trusted to perform their delicate duties with
fairness and discretion is thrown by the events referred
to by the petitioners, which took place at a meeting
called by British subjects for the purpose of discussing
their grievances, and held on the 14th of January
in the Amphitheatre of Johannesburg. The Government
were previously apprised of the objects of the meeting,
and their assent obtained, though this was not legally
necessary for a meeting in an inclosed place.
The organisers of the meeting state that they were
informed by the State Secretary and the State Attorney
that anyone who committed acts of violence or used
seditious language would be held responsible, and in
proof of the peaceful objects of the meeting, those
who attended went entirely unarmed, by which it is
understood that they did not even carry sticks.
So little was any disturbance apprehended that ladies
were invited to attend, and did attend. Yet,
in the result, sworn affidavits of witnesses of different
nationalities agree in the statement that the meeting
was broken up almost immediately after its opening,
and many of the persons attending it were violently
assaulted by organised bands of hostile demonstrators,
acting under the instigation and guidance of persons
in Government employ, without any attempt at interference
on the part of the police, and even in some cases
with their assistance or loudly expressed sympathy.
“The Government of the South
African Republic has been asked to institute an inquiry
into these disgraceful proceedings, but the request
has been met with a flat refusal.”
This accusation was answered in the
following manner: “The Amphitheatre
occurrence is used by Her Majesty’s Government
to show how incapable the police of the Witwatersrand
are to fulfil their duties and to preserve order.
The League meeting was held at the so-called Amphitheatre
at Johannesburg, with the knowledge of the State Secretary
and State Attorney, and the accusation is that in spite
of that fact the uproar which arose at that meeting
was not quelled by the police. The following
are the true facts: Mr. Wybergh and another,
both in the service of the South African League, informed
the State Secretary and the State Attorney that they
intended to call this meeting in the Amphitheatre,
and asked permission to do so. They were informed
that no permission from the authorities was necessary,
and that as long as the meeting did not give rise
to irregularities or disturbances of the peace, they
would be acting entirely within their rights.
Their attention was then drawn to the fact that owing
to the action and the propaganda of the South African
League, this body had become extremely unpopular with
a large section of the inhabitants of Johannesburg,
and that in all probability a disturbance of the peace
would take place if a sufficient body of the police
were not present to preserve order. To this these
gentlemen answered that the police were in very bad
odour since the Edgar case, that the meeting would
be a very quiet one, and that the presence of the
police would contribute or give rise to disorder,
and that they would on those grounds rather have no
police at all.
“The State Secretary and State
Attorney thereupon communicated with the head officials
of the police at Johannesburg, with the result that
the latter also thought that it would be better not
to have any considerable number of police at the meeting.
The Government accordingly, on the advice of these
officials of the League as well as their own police
officials, gave instructions that the police should
remain away from this meeting; they did this in perfect
good faith, and with the object of letting the League
have its say without let or hindrance. The proposed
meeting was, however, advertised far and wide.
As the feeling amongst a section of the Witwatersrand
population was exceedingly bitter against the League,
a considerable number of the opponents of that body
also attended the meeting. The few police who
were present were powerless to quell the disorder,
and when the police came on the scene in force some
few minutes after the commencement of the uproar, the
meeting was already broken up. Taken by itself,
this occurrence would not be of much importance, as
it is an isolated instance as far as the gold fields
of this Republic are concerned, and even in the best
organised and best ordered communities irregularities
like the above occasionally take place.
“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.
“This Government objects strongly
to the systematic way in which ’the local authorities
are ignored, and the continual complaints which are
lodged with the Representatives of Her Majesty about
matters which ought to be decided by the Courts of
this Republic. Instead, however, of complaining
to Her Majesty’s Government after all other reasonable
means of redress have been vainly invoked, they continually
make themselves guilty of ignoring and treating with
contempt the local Courts and authorities by continually
making all sorts of ridiculous and ex parte
complaints to Her Majesty’s Government in the
first instance; Her Majesty’s Government is
also thereby placed in the equivocal and undesirable
position of intermeddling in the internal affairs of
this Republic, which is in conflict with the London
Convention. Had the complaints been lodged with
this Government, or with the proper officials or Courts,
the facts could have been very easily arrived at,
and it would have been proved that the few officials
who were present at the meeting as a section of the
public had done their best to prevent the irregularities,
and that some of them had been hurt in their endeavours
to preserve order. 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.”
I have now examined the principal
financial and administrative grievances of the English
Uitlanders. I say English Uitlanders advisedly,
because complaints are seldom or ever heard from other
nationalities, either directly or by means of diplomatic
representations.
Can it be contended with the slightest shadow of right and
fairness that these grievances afford a reason for intervention? What
crimes have been committed here against humanity or the law of nations? Do
not the recorded grievances and abuses find a parallel in occurrences which are
taking place every day in the most civilised countries? One can with
perfect justice apply to the present circumstances the language which the
Russian Government used in stigmatising the illegal intervention of the British
Government in the internal affairs of the Kingdom of Naples:
“We would understand that, as
a consequence of friendly forethought, one Government
should give advice to another in a benevolent spirit;
that such advice might even assume the character of
exhortation; but we believe that to be the furthest
limit allowable. Less than ever can it now be
allowed in Europe to forget that sovereigns are equal
among themselves, and that it is not the extent of
territory, but the sacred character of the rights
of each, which regulates the relations that exist
between them. To endeavour to obtain from the
King of Naples concessions as regards the internal
government of his States by threats, or by a menacing
demonstration, is a violent usurpation of his authorities,
an attempt to govern in his stead; it is an open declaration
of the right of the strong over the weak.”
In spite of all its hypocritical accusations,
the British Government is perfectly well aware that,
notwithstanding the unparalleled difficulties with
which the Government and the Legislature have had to
contend, the administration of the South African Republic
is on a sound basis, and can, indeed, be favourably
compared with that of other countries in a similar
position.
It knows full well that the grievances
which are used, by means of blue books, to stir up
and excite the altruistic and humane feelings of the
British public are for the most part imaginary, and
that even if they were perfectly genuine, they nevertheless
afford no ground for a justifiable interference in
the internal affairs of the Republic. It is therefore
necessary to have recourse to “Constitutional
means” of another description.
The third and last “Constitutional”
method which Mr. Chamberlain has had recourse to in
order to forcibly intermeddle in the internal affairs
of the South African Republic is the claim of equal
rights for all the white inhabitants of the South
African Republic. In this claim he has also followed
the inspiration of Mr. Rhodes, for after the Jameson
Raid Mr. Rhodes was prepared with a new programme
for the “progressive policy” of South
Africa, and made use of the formula “Equal rights
for all white people south of the Zambesi.”
Mr. Rhodes altered this cry afterwards, with an eye
to the coloured vote in the Cape Colony, to “Equal
rights for all civilised persons south of the Zambesi.”
In due time the echo resounded from
Downing Street “Equal political rights for all
persons in the South African Republic.”
This formula may be either desirable or undesirable
as a political aspiration in South Africa. But
it is somewhat strange that Mr. Chamberlain should
be one of the leaders of the party in England which
has strenuously opposed the policy of manhood suffrage.
In our case, however, Mr. Chamberlain does not confine
himself to friendly advice, but he demands the
franchise for all Uitlanders.
The South African Republic already
possesses a franchise law, according to which every
person is entitled to the full franchise after a seven
years’ residence in the Republic. But Mr.
Chamberlain goes much further, and claims a far more
extensive franchise. On what grounds does he base
his claim?
He appeals to the discussions which
formed a prelude to the Convention of 1881. In
the discussions, however, mention is only made of burgher
rights or civil rights, with reference to which all
possible equality has continuously existed since the
Sand River Convention. To safeguard the equality
of those civil as distinguished from political rights,
Ar of the Pretoria Convention provides “all
persons (Her Majesty’s loyal subjects) will
have full liberty to reside in the country with the
enjoyment, of all civil rights, and protection for
their persons and property.”
The period of the franchise was increased in 1882 from one
year to five years, without, however, any protest from Her Majestys Government,
and in 1884 it was provided in the new Convention of that year in the most
express and clear way possible that:
(Art. XIV.). All
persons, other than natives, conforming themselves
to the laws of the South African Republic (a)
will have full liberty with their families, to
enter, travel, or reside in any part of the South
African Republic; (b), they will be entitled
to hire or possess houses, manufactories, warehouses,
shops, and premises; (c), they may carry on
their commerce either in person or by any agents
whom they may think fit to employ; (d),
they will not be subject, in respect of their
persons or property, or in respect of their commerce
or industry, to any taxes, whether general or
local, other than those which are or may be imposed
upon citizens of the said Republic.
In this way all white Uitlanders were
guaranteed in their rights of free movement, ownership,
and possession of property, trade, and commerce, and
equal taxation with the burghers. There is no
mention of political rights, nor has there ever been
before this year 1899. The Government
of the South African Republic would be acting strictly
in terms of the Convention if it informed Mr. Chamberlain
that it alone has to determine upon the Franchise,
as being a question of a purely internal nature; and
further, that in claiming the right in terms of that
Convention to force the Government to adopt a particular
Franchise Law Mr. Chamberlain is the party who is
violating the Convention.
The Government of the South African Republic, however, took
up a higher position; the State President went to Bloemfontein for the purpose
of discussing even internal affairs in a friendly spirit with the High
Commissioner inter
alia the question of the franchise,
as he was actuated by the wish to consolidate and
promote the peace of South Africa. Sir Alfred
Milner said there: “If the question could
be settled upon a broad and firm basis, the tension
would disappear and everything come right in time.”
He has done his best latterly to prove that he did
not say or mean anything of the kind, that the franchise
question was only one of the burning internal matters
in which Her Majesty’s Government interested
itself, and that a favourable understanding about
the franchise would in no way pave the way to an agreement
as to the other points of difference.
The attitude of Sir Alfred Milner
in this and other questions is, however, of such a
nature that it is better to say nothing about his
conduct, but to leave him to the judgment of public
opinion and history. No agreement being possible
between the parties, President Kruger left Bloemfontein
and amended the Franchise Law in such a way that the
Orange Free State, the Africanders of Cape Colony,
and even Mr. Schreiner, Premier of the Cape Colony,
publicly signified their approval of the amendments
which had been made.
Mr. Chamberlain now discarded the
appearance of friendliness, and began to adopt a menacing
tone in his communications to the Government of the
South African Republic. He proposed that the question
as to whether the new Franchise Law was satisfactory
or not should be discussed by a Joint Commission.
In the meanwhile, owing to informal
conversations between the State Attorney and the British
Government, there seemed to be a reasonable prospect
of a speedy and satisfactory settlement. The British
Government, on being sounded by its agent, announced
that if a five years’ franchise, unhampered
by complicated conditions, and with a quarter representation
for the gold fields, were conceded, it would be prepared
to consider the conditions, upon which the proposal
depended, on their merits, and would not consider
such a proposal as a refusal to accept the Joint Enquiry.
The conditions were that (a) no further interference
should take place; (b), that the claim of suzerainty
should drop; and (c) that further disputes should
be settled by Arbitration. As soon, however,
as the proposal was formally made the British Government
refused to accept the condition with regard to the
dropping of the suzerainty claim, notwithstanding the
fact that the High Commissioner had declared in an
official dispatch that the suzerainty controversy
appeared to him to be etymological and not political.
Shortly afterwards the British Government made what
was practically the same proposal, but without
the condition as to the dropping of the suzerainty
claim.
As the Government of the South African
Republic attached a vital importance to this condition,
in view maintaining its international status, it refused
to accept the proposal in this form; it, however, now
reverted to the invitation for a joint enquiry, which
it agreed to accept, but the British Government replied
that it was too late, and that as a matter of fact
it no longer adhered to the invitation.
Here we see in the clearest light
(1). That, although the High
Commissioner had stated that the suzerainty was only
a question of etymological importance, that although
the British Government had never been able to refute
the arguments advanced by the South African Republic
as to the abolition of the suzerainty in 1884, the
British Government was nevertheless determined not
to abandon its pretension, and is now prepared to
make war in South Africa over this point.
(2). That the British Government
invites the South African Republic to a joint enquiry,
and, when this invitation, which had never been withdrawn,
is accepted, the acceptance is refused with every mark
of contempt.
Is there any instance in the history
of civilised diplomacy of such trickery and such callous
jugglery with the highest interests of South Africa?
Can anyone wonder that South Africa
has lost all confidence in British statesmanship?
The British name has been sullied
in this part of the world by many perfidious actions,
but of a truth I cannot instance any more despicable
and repellent incidents than those which have marked
the course of events during the last few months.
And the consequence of this trickery
will be written with the blood and the tears of thousands
of innocent people.