3.--_Pretended Concessions._

The changes referring to the "redistribution" of seats in the Volksraad were numerous. Mr. Kruger posed as making a huge concession to mining districts in raising the number of seats to twelve; but six of these were for the second Volksraad. Now the second Volksraad must always have the same number of members as the First; thus the apparent concession was merely a valueless automatic arrangement, for it is well understood that the second Volksraad is simply a show inst.i.tution, devised in 1890.

The various schemes for redistribution lead one to the conclusion that the number of members in the First Volksraad were to be in inverse ratio to the population.

The Uitlander looked with mistrust upon a law voted one day which could be modified the next by a simple resolution of the Volksraad; he considered it an illusion which might vanish at any moment Mr. Kruger and his friends thought proper.

4.--_The Joint Commission._

The British Government might have replied that it did not recognise this law, and have confined itself to the proposals put forward by Sir Alfred Milner at the Bloemfontein Conference. It did not take this att.i.tude which, in France, would have been advised by the most half-hearted of our Nationalists, had the French Government been engaged in similar negotiations.

In his despatch of July 27, Mr. Chamberlain appears to think that "the concessions made to the Uitlanders to guarantee them something of the equality promised them in 1881 were made in good faith; but this law of July 19th is full of complicated details; he therefore proposes that it should be examined by a joint commission." In the Colonial Secretary's despatch of August 2nd to Pretoria, he adds: "It is understood that the Commission to examine into the question of the Uitlanders' Electoral rights shall be prepared to discuss every subject that the Government of the South African Republic may desire to bring before it, including arbitration, exclusive always of the intervention of Foreign Powers."

5.--_Bargaining._

The Government of Pretoria had put the law in force without waiting to consider these remarks.

On August 15th a despatch of Sir Alfred Milner's makes mention of a proposal of the State Attorney to the British Government to waive their invitation to a joint enquiry, in respect of the concession of a retrospective Franchise of seven years being subst.i.tuted for mere naturalisation, and of an increase in the number of seats. Such a proposition on the part of the Government of Pretoria shows plainly that it wished to evade enquiry into a law so fettered with formalities that its working was chimerical. And when Sir Alfred Milner referred to his proposal at Bloemfontein, the State Attorney decreased to five years the term of retrospective registration, gave eight seats to the Rand, and two to other mining districts.

Upon which Pro-Boers exclaim: The Government of Pretoria has made every possible concession!

6.--_The Conditions, and Withdrawal of Proposals._

They prove by that exclamation that they had not read Sir Alfred Milner's despatches of the 22nd and 23rd of August.

The Government of Pretoria made these concessions, indeed but on condition: (1) That the British Government shall withdraw its proposal for a joint Commission to enquire into whether the law was workable; (2) That the British Government shall renounce suzerainty; (3) That arbitration--apart from Foreign Powers, with exception of the Orange Free State--shall be granted immediately upon the Franchise Law being settled. On August 28th Mr. Chamberlain replies. Concerning the suzerainty, he refers to his despatch of July 13th; he consents to discuss the Const.i.tution of a Tribunal of Arbitration from which Foreign Powers, and foreign influence, shall be excluded; he concludes by proposing a fresh Conference.

What is the reply of the Boer Government on September 2nd? The withdrawal of its proposals of August 19th and 21st, relative to the five years' Franchise and increase of number of seats in the Volksraad.

Thus, at the end of three months' negotiations, no conclusion had been arrived at.

It is to this despatch of September 2nd, that Mr. Chamberlain's despatch of September 8th, replies; in that despatch he states, that he is still prepared to accept the proposals of August 19th concerning the Franchise, provided that the enquiry by a Commission, joint or unilateral, prove that the law is workable.

The representation of Uitlanders in the Volksraad, is, of course, only possible on condition that they had the right to make use of the English language.

On September 23rd, the Transvaal Government replies that the _taal_, a language not spoken by any but Boers, is to remain the only language used in the Volksraad, and in dilatory phraseology paves the way for the ultimatum of October 9th. Here we have a summary of the negotiations relating to the franchise, from the time of the Bloemfontein Conference.

7.--_The Franchise is Self-Government._

Confronted with these facts, the Pro-Boer cries: "Ah, but Mr. Kruger was obliged to protect himself. He could not have his burghers swamped by Uitlanders. He was perfectly right."

Good. There is the theory that honest dealing is unnecessary in public negotiations; an apology for that system which is in direct contradiction to the maxim of private law that you cannot give and withhold at one and the same time.

"But why should the English insist upon obtaining the franchise for Uitlanders?"

In order that there should be no more need for the British Government to concern itself in Transvaal affairs, Sir Alfred Milner was right when he said to the State Attorney (despatch of August 15th):

"I am sure that the present proposal is made _bona fide_ in order to establish the rights of British subjects once for all; and the Government of the South African Republic need not entertain any fear that we should wish to intervene in its internal affairs in future."

On August 28th, Mr. Chamberlain speaks the same language; at the same time justly observing, that only a portion of the Englishmen residing in the Transvaal would seek to become naturalised.

In point of fact when in February, 1896, the British Government demanded autonomy for the Rand, and on this proposition being refused, demanded at Bloemfontein the Franchise for Uitlanders, it was neither bent upon a policy of absorption nor of conquest. They desired to place self-government in the hands of the Uitlanders, in order to be able to say to them: "Now manage your own affairs with the Boers, obtain respect for your rights by const.i.tutional measures. We are no further concerned in the matter."

It was not the conquest of the Transvaal that was desired by the British Government, it was the establishment of an autonomous Republic.

The Uitlanders of British, Australian, German and American extraction, inter-mixing with the Boers, would soon have merged their national characteristics, and have become simply citizens of the South African Republic.

The Boers might have constructed a vast, wealthy and powerful State in which for generations to come, they would have held the supremacy. As a conquered people they will be compelled to accept the const.i.tution they might have granted, and granted the more readily as they would have reaped the largest share of the benefits.

CHAPTER XV.

THE SUZERAINTY OF ENGLAND AND THE SOUTH AFRICAN REPUBLIC.[21]

1.--_Who raised the Question of Suzerainty?_

Nine persons out of ten, when speaking of the Transvaal question, say: "Why did Chamberlain, at the last moment, raise the question of suzerainty? When everything had been settled, that question ruined all."

The more thoughtful men base their opinion on an article in _Le Temps_ of September 15th, in which occurs this hypothetical paragraph:--

"Moreover it is possible, that, in the dim recesses of his brain, the Colonial Minister treasures, as a supreme hope and shadowy idea, the half-formed design of profiting by the discussion he is raising in order to excite fresh disputes, such as the complex question of suzerainty."

This insiduous and disloyal conjecture has been reproduced and utilised; the absolutely unfounded insinuation of _Le Temps_, has been turned into an accusation against Mr. Chamberlain.

Some people who fancy they can gauge the motives of statesmen better than their neighbours, add: "If he raised the question of suzerainty, it was because he wanted to bring about a war." Facts prove, however, that the suzerainty question was not raised by England, but by the Government at Pretoria.

The argument against England's suzerainty over the Transvaal is well known; the preamble to the 1881 Convention, in which the word occurs was not reproduced in the Convention of 1884.

But it is also known, that, in the letter to Lord Derby of November 14th, 1883, the delegates from the Pretoria Government demanded restrictions of "the right of suzerainty reserved to Her Majesty by Articles 2 and 18 of the Convention of 1881," and claimed, that "the relation of dependence _publici juris_ in which their country now finds itself placed with regard to the British Crown shall be replaced by that of two contracting parties." In his despatch of November 29th, Lord Derby replied, that their "pretension to enter into treaty as between two contracting powers was neither in form nor substance acceptable by Her Majesty's Government."

The Preamble of the Convention of 1884 speaks of the representations of the delegates of the Pretoria Government, "which Her Majesty has been pleased to take into consideration."

Not daring to efface with a stroke of his pen the suzerainty question, Dr. Kuyper attempts a metaphorical distinction:--

"The suzerainty question solves itself. Suzerainty may be an "organic or mechanical relation"; if mechanical, it is arranged by contract."

When Dr. Kuyper declares England's suzerainty to be of the mechanical order, he admits that the Transvaal did not hold towards England the position of an absolutely independent State.

Having been obliged to recognise the right of _veto_, which Article 4 confers upon England regarding the external relations of the Transvaal, he contradicts himself when he invokes the principle of the equality "of States among themselves."

Taking refuge in a kind of prescription, he says: "Never, before 1898, had England breathed a word regarding suzerainty throughout all her interminable correspondence."