The peace negotiations between the governments of the South African Republic and the Orange Free State - Part 20
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Part 20

(2) Accept the proposal of the British Government and conclude peace thereon.

(3) Surrender unconditionally.

On these questions the Meeting must now decide.

On the proposal of General S. P. du Toit, seconded by Commandant Mentz, it was resolved that minutes of the discussions be kept as briefly as possible, and also that all proposals and resolutions be recorded.

Mr. J. DE CLERCQ (Middelburg): I would like to have some elucidation of Clause 2. Whom does it include?

General s.m.u.tS: The words are: "in the veld." It is thus plain that other persons are not included in it.

Mr. DE CLERCQ: What, then, becomes of persons who have been banished?

General s.m.u.tS: Clause 3 provides for persons who, according to the British, have been banished.

Commandant JACOBSZ: Clause 2 deals with "burghers." I should like to know whether officers are also included.

General s.m.u.tS: "Burghers" includes officers also. "Rebels" is the term in contra-distinction to "burghers."

General S. P. DU TOIT: In clause 4, I read: "The benefit of this clause will not extend to certain acts." May I know what acts are here referred to?

General BOTHA: As communicated by Lord Kitchener to the Commission, three persons are excluded from the benefit of Clause 4 of the peace proposals. They are namely: Mr. van Aswegen for the shooting of Captain Mears; Mr. Cilliers for the shooting of Capt. Boyle; and a certain Muller for the alleged murder of a certain Rademeyer in the district of Vrede. These three persons will have to stand their trial on the conclusion of peace.

Chief Commandant DE WET: Lord Kitchener arranged this matter informally with General Botha without reference to me, as I think he should have done, because two of the cases mentioned are of Free Staters. It is not down in black and white, that the three persons mentioned will be the only exceptions, and if more exceptions are made later I do not wish to be held responsible.

General BOTHA: I should like further to explain this matter. This point in Clause 4 was raised by the British representatives. Lord Kitchener asked to see me personally and informally, and at the suggestion of General de la Rey I went to him. Lord Kitchener then informed me that certain three alleged murders in the course of the war had attracted much attention in England, and that the British Government, on account of the feelings of the English people, did not see their way open to leave these three cases untried. The three cases already mentioned here were then communicated to me by Lord Kitchener.

On a later occasion I took General s.m.u.ts with me, and Lord Kitchener repeated in the presence of both of us that only these three persons would be excluded from the benefit of Clause 4.

General HERTZOG: I am quite prepared to accept Lord Kitchener's word given to Generals Botha and s.m.u.ts.

General BRAND: Why are the names of these cases not inserted in the peace proposal?

General HERTZOG: They could not be inserted because as laid down by the British Government it could not be altered.

General DE LA REY: Only the three persons mentioned are excluded from the benefit of Clause 4, and because we were afraid that there might be more cases General Botha went and satisfied himself.

Chief Commandant DE WET: I did not wish to remain silent on this point, because there was only the word of Lord Kitchener and no other guarantee that other persons will not be prosecuted. I, of course, entirely believe what Generals Botha and s.m.u.ts have stated.

General HERTZOG: I am fully satisfied on this point.

Mr. C. BIRKENSTOCK (Vryheid) asked with reference to Clause 1 whether having regard to the large number of Kaffirs in many districts it would not be dangerous for the burghers to part with all their arms.

General BOTHA replied that the Commission had seen Lord Kitchener informally on this point, and pointed out this danger to him, and he had then agreed that in the districts on the boundaries where there were many Kaffirs, the landed proprietors and their sons could retain their arms under a licence, and that if there was a laying down of arms, he would send persons immediately to return the arms to these landed proprietors under a licence.

General DE LA REY: On this point I spoke out freely to Lord Kitchener.

I said that I would never agree that burghers in the frontier districts should be entirely disarmed, and thus made lower than the Kaffirs. Lord Kitchener then said that he would take the arms from landed proprietors with one hand and return them immediately with the other.

Mr. BIRKENSTOCK: Clause 2 says: "The prisoners of war will gradually be brought back to their homes." Has a time been fixed, or will it be done in the course of years? I have heard that the British have an objection to sending back 30,000 persons.

General s.m.u.tS: The Committee tried to get a time fixed within which all prisoners of war must be brought back, but the British had a great objection to binding themselves, because it would depend upon the number of transport ships they would be able to obtain to convey the 30,000 prisoners of war back, and also because it would not be advisable on account of the scarcity of food in the two Republics to bring back so many people at once.

The meeting then adjourned till two o'clock in the afternoon, when the proceedings were resumed.

Mr. L. JACOBSZ: Does Clause 2 provide for the return of the deputation and other persons in Europe?

General s.m.u.tS: The members of our deputation and other burghers in Europe, if they wish to return, also fall under this Clause.

Mr. BIRKENSTOCK: What property is referred to in Clause 3?

General s.m.u.tS: The word "property" includes every form of property.

Commandant VAN NIEKERK (Kroonstad): What course will be pursued with reference to the farms which have been sold?

Mr. J. L. GROBLER (Carolina): How many farms have been sold?

General s.m.u.tS: Twenty farms, as stated unofficially.

Mr. J. L. GROBLER: Where?

General s.m.u.tS: In the Orange Free State.

General HERTZOG: The Commission spoke informally to Lord Milner about the farms which have already been sold or confiscated by the British.

He replied that they could not be returned to the former owners, but that the purchase-price would be refunded to them. About twenty farms had been thus sold, all situate in the Orange Free State.

Landdrost s...o...b..RG: Does Clause 5 signify that the medium of instruction will be Dutch?

General s.m.u.tS: There is nothing against it in this Clause. According to this Clause the Dutch language will be taught, but it is not stipulated that Dutch will be the medium of instruction. My own impression is that the language in the schools will be English, but if the parents desire it, Dutch.

Landdrost s...o...b..RG: It means therefore that the language medium will be English, but that Dutch will also be allowed.

General HERTZOG: Lord Milner declared that he wanted only one language in South Africa, and that was English. English will be the medium.

Landdrost s...o...b..RG: A foreign language therefore?

General DU TOIT: What will be the Const.i.tution of the Civil Government?

General BOTHA: It will be that of a Crown Colony.

General KEMP: Is no time fixed within which Civil Government must be introduced?

General BOTHA: No.

General DU TOIT: In Clause 9 mention is made of war taxes. Will there be no other taxes?

General BOTHA: The British Government says that they will not defray their expenses out of a tax on the farms.