ANNEXURE 'C.'

DRAFT OF DECLARATION TO FOLLOW PROTOCOL EMBODYING THE RESOLUTIONS AGREED UPON.

... Thereupon the subscribed parties from Johannesburg, for themselves, and for the parties they represent here and in Europe, declared:-

'The pa.s.sing by the Volksraad of the laws to be submitted by the Government during this session,-

'For the appointment during the present year of a Financial Adviser to the Government, of European reputation, who shall have a seat and a vote in the Executive Council on all financial matters.

'For placing the Auditor-General on the same status re dismissal as the Judges, and for making him responsible directly to the Volksraad, it being agreed that until such Financial Adviser has laid his budget proposals before the Government, no fresh taxation shall be laid upon the mining industry, nor any other direct taxation.

'For granting the undermining rights under bewaarplaatsen, machine stands, and water-rights, to the present holders of the licences, covering such reserved areas at a moderate valuation; such valuation to be arrived at in the following manner: The Government to appoint a valuator, with instructions to value these rights at a fair and moderate valuation, the holder of the surface licence to appoint a valuator; if they agree, then the surface licence holder shall have the first right to the undermining rights at such valuation; if the two valuators cannot agree about a valuation, they shall appoint together an umpire; if they cannot agree about an umpire, the Chief justice of the High Court shall be asked to appoint an umpire; the decision of such umpire shall be final as to the value of the area under arbitration. If the holder of the surface licence refuses to purchase at the said valuation, the Government shall be at liberty to dispose of it elsewhere.

'For a permanent settlement of the dynamite question on one or the other bases following, namely, that the status quo remain in force till the end of the contract period, the Government making use of its right to revise the prices under the terms of the agreement or that the Dynamite Company reduce the price by 5s. to 70s. for No. 1 and to 90s. for blasting gelatine, the Government undertaking to take over the works of the Dynamite Company at the end of the agreement at a valuation as provided by the offer now before the Volksraad.

'For an extension of the franchise to all white aliens in this State, in the following manner: That naturalization be granted to all seeking it, who have resided in the State for two years and who are of good behaviour and who have not suffered any dishonourable sentence by any Court, upon taking the oath of allegiance as prescribed by the existing law; upon such naturalization he shall be ent.i.tled to elect a member to the Second Volksraad, and two years after shall be ent.i.tled to be elected as a member of the Second Volksraad. A period of seven years having elapsed after naturalization, he shall by virtue of that lapse of time and without further hindrance obtain full burgher rights, the Government, however, reserve to themselves the right (in order to secure the pa.s.sing of such law through the Volksraad of this and that of the session of 1900) to extend the period of naturalization for the right of voting for the election of a President. Children of naturalized aliens, who attain their majority when their father has obtained full burgher rights, have ipso facto the same rights as the father. The Government shall also have the right to attach a moderate property qualification to the obtaining of these extended franchise rights. It is understood that by the laws of the State, this extended franchise can only finally be granted by the Volksraad in session 1900, after the law has been submitted to the people for twelve months, but that the period of 9 resp. 7 years shall date from the pa.s.sing of the resolution to be pa.s.sed by the Volksraad now in session.

will be hailed by us with great satisfaction as removing all obstacles to a friendly and peaceful development of mutual understanding and co-operation; it is our wish, and in the interest of those we represent, that the public in Europe and in South Africa be made fully aware hereof by means of the press, and that hostile agitation by means of the press here and elsewhere shall be avoided in future.

'We deprecate all attempts that may be made by political agencies to stir up strife between the different nationalities inhabiting this State, and shall not be parties to any such organizations.

'Seeing the many evils springing from indiscriminate immigration of coloured races, and having been a.s.sured that the Government will do all in its power to facilitate in other ways the supply of labour, we support the Government in its contention that the regulations concerning the treatment of "coolies and other coloured races" had best be left to them as a matter of internal concern.

'We will support the placing of a State loan recommended by the Financier in the European markets at reasonable rates, if the Government should desire us to do so in the common interest.

'Seeing the great value the Government evidently sets upon a friendly and permanent settlement of the dynamite question, which has contributed so much to disturbing the good relations, we declare ourselves satisfied with the final settlement arrived at.

'And should, after the pa.s.sing of the above proposals of law as a whole by the Volksraad, the Government desire us to give publicity to this our declaration for the promotion of peace and goodwill, such publicity as the Government may desire shall be given thereto.'

While the negotiations were actually in progress, and while the Imperial Government were awaiting a reply to their dispatch, the President made two determined attempts to rush the confirmation of the dynamite monopoly through the Raad. The first proposal was for the fifteen years' extension, and the second provided for condonation of all breaches of the concession in the past and for compensation upon the expiry of the concession.

The Uitlanders had not failed to perceive that the pit dug for them might conceivably serve another purpose. They ignored these two breaches of faith on the part of the President, and pursued the negotiations; and Mr. Kruger overreached himself. Having failed with Johannesburg, and having failed in the Raad, he appealed to his burghers with the scheme of mock reform. His hope was to get such support in the country that the Volksraad in its May session would have to spare the monopoly. He did not realize that he would have to make good the things which he had offered as shams. His greed had given the opening: his hand had provided the weapon. It is not good to be too clever; and the luck had turned.

The publication of the correspondence between the Government and the capitalists created a profound impression. The series of speeches delivered by the President in support of his sham reforms only deepened that impression by providing more and more convincing evidence as to who the real intriguers and mischief-makers were. To the Uitlander public one thing became quite clear, and that was that it was the Government who wished to barter their rights away and the capitalists-the abused capitalists-who refused to do so. An attempt was immediately made to hold a large public meeting for the purpose of endorsing the att.i.tude taken by the negotiators, but the Government refused permission to hold an open-air meeting. In their attempt to hold a meeting indoors, the Uitlanders were defeated by the building being condemned as unsafe. The Government yielded, however, before the storm of disapproval which followed their prohibition, and the State Secretary, Mr. Reitz, suggested that the Uitlanders should hold a series of small indoor meetings in different localities. The meetings were accordingly held, and they provided unmistakable evidence of the gravity of the position. By their numbers, their unanimity, their enthusiasm, and their moderation, the Uitlanders carried conviction to some and roused the grave apprehension of others. Among the latter, it is fair to infer, were President Kruger and his sympathizers in the Free State and Cape Colony.

There is one disability the existence of which the advocates of the Uitlander cause are always painfully conscious of. They know as well as any of their critics that it is no picture which is all black-that you get no perspective, no effects, without contrasts! Yet it has not been believed that they were willing to acknowledge the good that there was, and that a politic instinct no less than a sense of justice prompted a diligent effort to discover and make much of the genuinely hopeful signs. The monotony was none of their making; it was in the nature of the facts, and not of the recital; but monotony there was, and it was productive of one very bad result. The conditions, admittedly bad, came to be regarded by a good many as being only as bad as they had for a long time been known to be, leaving little hope except through the long slow influence of time, but causing no immediate anxiety or alarm. Someday a grubbing historian may read the back files of South African newspapers and marvel that such warnings should have pa.s.sed unheeded, but the fact is that the Transvaal Government and its sympathizers had become indifferent to warnings followed by no results and accustomed to prophecies unfulfilled. To say that they were 'fiddling while Rome burned' is to a great extent true of those of the South African Dutch who were sincerely desirous that the Transvaal Government should reform its ways and who were not consciously aiding in the republicanizing movement; but even of them it is not an adequate description,-as the answers given to two questioners by the most prominent and one of the most prominent Bondsmen indicate. Both of them had in private conversation on different occasions acknowledged the soundness of the Uitlander cause. To the suggestion, 'Then why not say so publicly?' the less important of the two replied, 'People would only say that I am climbing down and ratting on my party.' And the more important of the two, answering a similar question, said, 'Yes, the Rev. S.J. Du Toit did that. He was the founder of the Bond; and to-day he is-nothing! If I did it, I should fall as he did.' 'Then,' said his British friend, 'what is influence worth if it cannot be used for good? Can there be said to be influence when it cannot be used at all?' 'No,' was the reply, 'I have no influence as against the cry of race: blood is thicker than water; and I have no influence at all with Kruger.' The answer to this contained the crux of the question. 'Indeed you have; but you have not the courage to exercise it. The influence of advice has failed, dare you try the influence of repudiation?' The answer was a shake of the head and 'Blood is thicker than water.' That is it! The Piper pipes and the children follow.

It is too much to believe that the conference between the High Commissioner and President Kruger was a suggestion to which the latter had to be won over either by President Steyn or Mr. Hofmeyr. It is, indeed, well-known that the idea of a meeting for the purpose of discussing matters at issue between the two Governments had been considered in Pretoria for some months before it actually took place.{51}

The news that, upon the invitation of President Steyn, the High Commissioner and President Kruger had agreed to meet at Bloemfontein, was received by the Uitlanders with relief; not hope, because it was believed that the President's object was to get something, not to give something; but sheer relief, because, come what might, the position could never again be the same as it was before the conference. Something must change; someone must yield; the unbearable strain must cease. Sir Alfred Milner-wise and just and strong-commanded the entire confidence of the Uitlanders. It was not hoped that he would succeed in effecting a settlement at such a meeting, because in the circ.u.mstances such an achievement was believed not to be humanly possible; but it was not feared that he would fail in his duty to his country and to his trust.

It is no part of the object of this volume to deal with the negotiations which took place at Bloemfontein or with the terms of settlement at the present moment under discussion; the object is to recite the circ.u.mstances and conditions which made these negotiations necessary, and which, if they fail, must lead to bloodshed.

With a barrier of insurmountable race feeling before them, the Uitlanders are hopeless of effecting a peaceful redress of their grievances except by the aid of the Suzerain power. The President and his party will not yield one iota except upon the advice of those who have the will and the power to see that that advice is followed. Such power rests in two quarters. It rests with the progressive Dutch of South Africa. They have the power, but unfortunately they have not as yet the will or they have not the courage to use it. Time after time have they been stultified by rallying to the cry of race and defending Mr. Kruger's att.i.tude on certain points, only to find the President abandoning as untenable the position which they have proclaimed to be proper. To them have been addressed most earnest and most solemn appeals to be up and doing whilst there was yet time. From them have been extracted-in times of peace-the amplest admissions of the justice of the Uitlander case. But there is a point beyond which they will not go. They will not say to the President and his party: 'We cannot extol in you what we would condemn in ourselves. The claim of kindred cannot for ever be the stalking-horse for injustice.' That they cannot do; and thus are they bonded to the one who will raise the race cry without scruple. There is no more hopeless feature for the peaceful settlement of the Transvaal question from within than the unanimity which marks the public utterances of those who are claimed as representing Afrikander sentiment in the present crisis. Those expressions, ranging from the most violent denunciations by politicians and ministers of the gospel down to the most illogical and hysterical appeals of public writers, all, all are directed against the injured. Not a warning, not a hint-not a prayer even-addressed to the offender. They have not the sense of justice to see or they have not the courage to denounce the perpetrators of evil, but direct all their efforts to hushing the complaints of the victims. Truly it would almost appear that there is some guiding principle running through it all; something which recognizes the real sinner in the victim who complains and not in the villain who perpetrates; the something which found a concrete expression when bail was fixed at 200 for the murder of a British subject and at 1,000 for the crime of objecting to it.

No civilized body of men ever had more just cause for complaint than the Uitlanders of the Transvaal have, but they carry on their reform movement under very difficult and discouraging conditions. Those who have pet.i.tioned their Sovereign to secure for them some amelioration of their lot are branded by the head of the State as rebels for so doing, and his example is followed by all his party. Those men who organized or addressed the public meetings which were suggested by Mr. Reitz, the State Secretary, and held for the purpose of discussing a proposal publicly made by the Government, are the men whom Messrs. Dieperink and Viljoen, the members representing Johannesburg in the First and Second Volksraads, denounced as traitors who should be summarily dealt with by the Government. British subjects a.s.sociated with the Uitlander cause who venture to call upon the British Agent in Pretoria or the High Commissioner in Cape Town are regarded as conspirators and are watched by spies and all their movements are reported to the Transvaal Government.{52} The recognized leaders among the Uitlanders are black-listed in the Dutch press, their names, addresses, and occupations given so that they may be identified,-marked down in the newspapers supported by the Government-as men to be dragged out and shot without trial. Uitlander newspapers have been suppressed for mere political reasons, without even the allegation that there was incitement to violence or disorder, and it is therefore not unreasonable that the impunity with which the Dutch newspapers continue this campaign month after month should be taken as the measure of the Government's complicity.

It is in these circ.u.mstances that appeal has been made to England, the only other quarter in which there rests the power to see that justice shall be done. It is an appeal which might well be based upon the broad and acknowledged right of a subject to claim in case of injustice the good offices of his own Government. But here it is based upon a special right. It is the spirit{53} of the Pretoria Convention which the Uitlander has invoked for many years, only to be told that the spirit is as it may be interpreted from the letter. But it is not so! Will it be suggested that the British Government contemplated such license when they granted the charter of self-government to the Transvaal or that they would have granted it had they foreseen the interpretation? Can it be said that Mr. Kruger and his colleagues contemplated it or would have dared to avow the intention if it were ever entertained? No! And he will be a bolder man than Mr. Kruger who will dispute that answer; for the President's own defence is, not that he had the intention or has the right to differentiate between races and between cla.s.ses; but-that he does not differentiate. So that the issue is narrowed to this, that it is merely a question of fact!

But the appeal of British subjects in the Transvaal will claim a hearing for other reasons too! Only the blindest can fail to realize how much is at stake, materially and morally, or can fail to see what is the real issue, and how the Mother Country stands on trial before all her children, who are the Empire. Only those who do not count will refuse to face the responsibility in all seriousness, or will fail to receive in the best spirit the timely reminder of past neglect. If the reproaching truth be a hard thing to hear, it is, for those whose every impulse jumps towards championing the great Home Land, a far, far harder thing to say. Unpleasant it may be, but not without good, that England's record in South Africa-of subjects abandoned and of rights ignored, of duty neglected and of pledge unkept, of lost prestige and slipping Empire-should speak to quicken a memory and rouse the native sense of right, so that a nation's conscience will say 'Be just before you are generous! Be just to all-even to your own!'

Footnotes for Chapter XI

{49} It is stated that President Kruger, ever since the signing of the London Convention on Majuba Day-February 27-1884, has believed in certain lucky days, and has a kind of superst.i.tious regard for anniversaries. If that be so, the incidence of events has given him something to ponder over during the last three years. Three notable schemes conceived by himself and carefully designed to strengthen his position, have by a curious coincidence matured upon dates of certain interest in Transvaal history. All three have failed disastrously. The first anniversary of the Reformers' sentence day was the occasion of the Reformers giving evidence before the Industrial Commission, which so strongly justified their case. The Peace Negotiations with the Capitalists were opened by Mr. Lippert upon the anniversary of Majuba. The Bloemfontein Conference was opened upon the Reformers' emanc.i.p.ation day, the expiry of the three years' silence. That his Honour really attaches importance to these things was shown when over two hundred ministers representing the Dutch Reformed Church in the Transvaal met in Pretoria to urge upon him the suppression of the Illicit Liquor trade. In all innocence they had chosen May 24 on which to present their address. Their astonishment was great when Mr. Kruger, pa.s.sing lightly by the liquor question, gave the a.s.sembled pastors a thorough wigging for finding fault with his administration at all, but chiefly for their unpatriotic conduct in selecting the Queen's birthday of all days on which to expose internal differences in their country.

{50} In addressing a meeting of burghers in Heidelburg three months later the President showed to what lengths he was prepared to go in defending the monopoly when in reply to a question he denied that any such offer had been received 'by the Executive.' The explanation, which he did not give, is that the Government, i.e., the President and State Secretary, had received it-and withheld it from the Executive!

{51} In March the writer made the suggestion to a representative of the Pretoria Government in the hope of getting rid by a 'square talk' of the many and ever-increasing differences, and was informed that the idea had often been discussed and as often abandoned, because it contained the objectionable feature of establishing a precedent for England's interference in internal affairs.

{52} When on a visit to Cape Town in April, the writer called several times upon the High Commissioner, and learning by private advice that his movements were being reported in detail through the Secret Service Department, he informed Sir Alfred Milner of the fact. Sir Alfred admitted that the idea of secret agents in British territory and spies round or in Government House was not pleasant, but expressed the hope that such things should not deter those who wished to call on him, as he was there as the representative of her Majesty for the benefit of British subjects and very desirous of ascertaining for himself the facts of the case.

{53} Since this was written, Mr. Chamberlain, speaking in the House of Commons on July 28, 1899, has thus disposed of the question:-

'It has been broken in the spirit more than it has been broken in the letter. The whole spirit of the convention is the preservation of equality as between all the white inhabitants of the Transvaal, and the whole policy of the Transvaal has been to promote a position of inferiority on the part of certain cla.s.ses. There is something even more striking than that. The conventions were, of course, the result of a previous conference. At that conference definite promises were made which made it impossible to doubt with what object the convention was signed. On May 10, 1881, at a conference between representatives of her Majesty and representatives of the Transvaal the President, Sir Hercules Robinson, asked this question:-

'"Before annexation had British subjects complete freedom of trade throughout the Transvaal? Were they on the same footing as citizens of the Transvaal?

'"Mr. Kruger replied: They were on the same footing as the burghers. There was not the slightest difference in accordance with the Sand River Convention.

'"Sir Hercules Robinson: I presume you will not object to that continuing?

'"Mr. Kruger: No. There will be equal protection for everybody.

'"Sir Evelyn Wood: And equal privileges.

'"Mr. Kruger: We make no difference so far as burgher rights are concerned. There may, perhaps, be some slight difference in the case of a young person who has just come into the country."

(Cheers.) 'Now, there is a distinct promise given by the man who is now President of the Transvaal State that, so far as burgher rights were concerned, they made and would make no difference whatever between burghers and those who came in. The root of the difficulty which I have been describing lies in the fact that this promise has not been kept.'

APPENDICES.

APPENDIX A.

PRETORIA CONVENTION.

CONVENTION FOR THE SETTLEMENT OF THE TRANSVAAL TERRITORY.

August, 1881.

PREAMBLE.

Her Majesty's Commissioners for the Settlement of the Transvaal territory, duly appointed as such by a Commission pa.s.sed 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 heirs 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:-

ARTICLE I.

The said territory, to be hereinafter called the Transvaal State, will embrace the land lying between the following boundaries, to wit: [here follow three pages in print defining boundaries.]

ARTICLE II.