Lord KITCHENER: I quite agree with the Commandant General, and he does right to raise this question. But I do not believe that the draft contract is the place in which to bring the question forward. When there is peace, it is the duty of everyone to draw the attention of the Government to what is necessary to help the people. But to imagine difficulties now, and to try to put them right, appears to me to be an endless matter, for which this doc.u.ment is not intended.

Chief Commandant DE WET: I understand that this is something that must be settled by a proclamation, but I want to have as many weapons as possible in my hand when I go back to the Delegates; and one of the first questions which they will put is: "What guarantees have we that we shall not be ruined by our creditors?" And what objection is there that a draft proclamation be given to us to take to Vereeniging, which will be promulgated as soon as peace is concluded?

Lord KITCHENER: But this will be something apart from this agreement.

Chief Commandant DE WET: Yes.

Lord MILNER: What is the good of it then?

Chief Commandant DE WET: It is such a vital question for us that it cannot be taken amiss in us if we insist upon it, because we must give up everything.

Lord KITCHENER: Of course no one takes it amiss in you.

Lord MILNER: But I must point out without taking it amiss in anyone that the effect of what you propose would be that another clause would have to be embodied in the draft contract undertaking to promulgate such a proclamation.

Lord KITCHENER: I believe that if the Delegates received the a.s.surance that the Government will take this matter into consideration in the interests of their subjects, whom they must protect, that this will be sufficient for them. There will be no written obligation, but only an obligation that the matter will be considered. It is not advisable to press this matter with the Government, after it has been brought before them. The opinions of the burghers will be brought before Lord Milner in other ways also.

Chief Commandant DE WET: There are many other small points which we could take up, which it would, however, not be desirable to do, but we are now speaking of a vital question.

Lord KITCHENER: This is one of those questions which, if brought to the attention of the Government, cannot be set aside. And you may inform the burghers that their interests will be protected as much as possible. I think that this ought to be sufficient for you on such a complicated matter. What is spoken here is being taken down, and the minutes will be considered not only here, but also in England. Are you satisfied with that?

General BOTHA: As far as I am personally concerned, yes.

Chief Commandant DE WET: So am I.

Lord MILNER: I hope it is understood that if the matter is left here, there is no obligation on my Government to deal with the matter in a particular way.

Lord KITCHENER: But there is a pledge that the matter will be properly considered.

Lord MILNER: Yes, of course, if we are going to put an understanding on record. Solemnly I think it is necessary that we understand that this doc.u.ment contains everything concerning which there is anything in the form of a "pledge."

Lord KITCHENER: There is thus a "pledge" that this point which you have raised will be considered in your interest.

General s.m.u.tS: Now the question with reference to the payment of receipts still remains.

Lord KITCHENER: That will be referred to the British Government. As regards the amount, that is an essential point, but I am of opinion that the amount is high. I would like to know whether it is understood now that we are agreed on all these draft proposals with your amendment? And that there are not any other matters? Because they will have to be telegraphed to England.

Chief Commandant DE WET: We have no other matters.

Lord MILNER: The proposed telegram which I wish to transmit reads as follows: "The Commission is prepared to submit the following doc.u.ment to the meeting of representatives of their Burghers (if it is approved of by His Majesty's Government), and to ask that meeting for a 'yes'

or 'no' vote." Is that good?

Chief Commandant DE WET: Yes, naturally, except that I cannot say that that doc.u.ment is approved of by me; but I will abide by what the Delegates do.

General HERTZOG: I would not like it to be understood that we will use our influence with the Delegates.

Lord MILNER: I think that that is quite understood. I do not understand that this binds the members of the Commission with reference to the opinion which they may express before the Burghers.

It only binds them to lay this doc.u.ment before the people, if the British Government approves of it. The telegram which I have just read, and propose to send, makes this clear. I further wish to say that we have departed very much from the Middelburg proposals, and I believe it is fully understood that the Middelburg proposals are absolutely dead, and if this doc.u.ment is agreed to and signed, there can then be no attempt to explain this doc.u.ment or the terms thereof by anything in the Middelburg proposals.

The meeting then adjourned.

WEDNESDAY, MAY 28, 1902.

The Commission again met Lord Milner and Lord Kitchener at 11 a.m. to hear the reply of the British Government to the draft proposal submitted to them by their Lordships.

Lord Milner read the following Memorandum: "In reply to our last telegram drafted at our last meeting with the consent of the Commission, and of which they have received a copy, the following message has been received from His Majesty's Government: 'His Majesty's Government approves of submitting to the Meeting for a "yes"

or "no" vote the doc.u.ment drafted by the Committee, and transmitted to the Secretary of State for War by Lord Kitchener on May 21, with the following alterations[4]:

[Footnote 4: Compare the first doc.u.ment, page 116, with what follows here.]

General Lord KITCHENER OF KHARTOUM, _Commanding-in-Chief_,

and

His Excellency Lord MILNER, _High Commissioner_, on behalf of the BRITISH GOVERNMENT,

and

Messrs. S. W. BURGER, F. W. REITZ, Louis BOTHA, J. H. DE LA REY, L. J. MEYER, and J. C. KROGH, acting as the GOVERNMENT of the SOUTH AFRICAN REPUBLIC,

and

Messrs. M. T. STEYN, W. J. C. BREBNER, C. R. DE WET, J. B. M.

HERTZOG, and C. OLIVIER, acting as the GOVERNMENT of the ORANGE FREE STATE on behalf of their respective BURGHERS,

desirous to terminate the present hostilities, agree on the following Articles:--

1. The BURGHER Forces in the Field will forthwith lay down their Arms, handing over all Guns, Rifles, and Munitions of War, in their possession or under their control, and desist from any further resistance to the Authority of HIS MAJESTY KING EDWARD VII., whom they recognise as their lawful SOVEREIGN.

The manner and details of this Surrender will be arranged between Lord Kitchener and Commandant-General Botha, a.s.sistant Commandant-General de la Rey, and Chief Commandant de Wet.

2. Burghers in the Field outside the limits of the TRANSVAAL and ORANGE RIVER COLONY, and all Prisoners of War at present outside South Africa, who are Burghers, will, on duly declaring their acceptance of the position of subjects of HIS MAJESTY KING EDWARD VII. be gradually brought back to their homes as soon as transport can be provided and their means of subsistence ensured.

3. The BURGHERS so surrendering or so returning will not be deprived of their personal liberty or their property.

4. No Proceedings, CIVIL or CRIMINAL, will be taken against any of the BURGHERS so surrendering or so returning for any Acts in connection with the prosecution of the War. The benefit of the Clause will not extend to certain Acts contrary to the usages of War which have been notified by the Commander-in-Chief to the Boer Generals, and which shall be tried by Court Martial immediately after the close of hostilities.

5. The DUTCH language will be taught in Public Schools in the TRANSVAAL and the ORANGE RIVER COLONY, where the Parents of the Children desire it, and will be allowed in COURTS of LAW when necessary for the better and more effectual Administration of Justice.

6. The Possession of Rifles will be allowed in the TRANSVAAL and ORANGE RIVER COLONY to persons requiring them for their protection, on taking out a licence according to Law.

7. MILITARY ADMINISTRATION in the TRANSVAAL and ORANGE RIVER COLONY will at the earliest possible date be succeeded by CIVIL GOVERNMENT, and, as soon as circ.u.mstances permit, Representative Inst.i.tutions, leading up to Self-Government, will be introduced.

8. The question of granting the Franchise to natives will not be decided until after the introduction of Self-Government.

9. No Special Tax will be imposed on landed Property in the TRANSVAAL and ORANGE RIVER COLONY to defray the Expenses of War.

10. As soon as conditions permit, a Commission, on which the local inhabitants will be represented, will be appointed in each District of the TRANSVAAL and ORANGE RIVER COLONY, under the Presidency of a Magistrate or other official, for the purpose of a.s.sisting the restoration of the people to their homes and supplying those who, owing to war losses, are unable to provide for themselves, with food, shelter, and the necessary amount of seed, stock, implements, &c., indispensable to the resumption of their normal occupations.