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attack shall have given us occasion thereto, so that we for the maintenance of our Rights or for the security of our property shall be compelled to take up Arms against such tribe.

Ioth. That the Republic promises to give every encouragement for the spreading of the Gospel amongst and for the civilization of the Heathen Tribes which surround us, or are residing under our Government.

11th. That this Republic promises not to give any aid or assistance in any manner to the declared or public Enemies of the British Government in any hostile undertaking against the same, nor to permit such known Enemies' Vessels to enter our ports, or to provision them, but on the contrary of war with the Colony by Kafirs or other tribes residing between us and the Colony, should the Governor of the Colony be desirous either by Sea to Land, or over Land to march an armed force thro' our Territory, to assist the same with Provisions, means of Transport, etc., and further as far as possible to accomodate them.

12th. That this Republic undertake and bind themselves never to enter into any Slave trade, or to encourage, or to assist the same, or to permit any Vessel or Craft of that Trade to enter our ports or to furnish them with any refreshment.

13th. That the British Subjects residing in this Republic shall be equally protected in their persons and property, and shall not be subject to higher Taxes or Duties than the Burghers of this Republic are.

Your

We take the liberty to add further that as Your Excellency will perceive by the foregoing that we are very desirous to be always on the best and friendly terms with the British Government, and if possible to live in Peace with the surrounding Nations, and only wishing to protect and to govern ourselves in our lawfully acquired Territory, without detriment either to your Government, or the Nations surrounding us if they are willing to live in Peace with us. Excellency will have no objection to recommend our application to Her Majesty's Government, and we can assure Your Excellency that we on our side will forget all we have suffered, and by our future conduct shew that we are as worthy to be received as Allies, as we before shewed as dutiful and obedient Subjects, and notwithstanding the continual wrong imputations, ungrounded and completely destitute of truth, which from certain channels have been cast upon us and repeatedly forced upon Her Majesty's Government in England, we do not hesitate to say, that we hope to convince the World that so far from tending to serve as a destroyer or corrupter of the Heathen Nations in this Region, we are in the hands of God the means of preventing Robbery, Murder, and Violence, and even tend to

the greater Security of the Cape Colony, and to the furtherance of Christian Civilization amongst many thousands who up to this time have been in a state of benighted darkness; and which many of the Heathen Tribes who are living under our protection and others with whom we have concluded peace will readily acknowledge.

We have the Honour to remain with the Highest respect
Your Excellency's Most Obedient and Humble
Servants,

(Signed) K. P. LANDMAN, President; C. v. Buchner,
L. BADENHORST, L. F. MEYER, J. J. UYS,
J. P. MOOLMAN, A. W. J. PRETORIUS,
JACS. JOHS. BURGER, G. J. SCHEEPERS,
J. C. KLOPPER, J. C. POTGIETER, R. J.
v. RENSBURG, G. R. VAN ROOYEN.

[Napier was awaiting instructions from England as to the course to be adopted with regard to Natal, and therefore did not reply to this request.]

P.R.O., MS. copy of translation in C.O. 48/211.

No. 103. BURGHERSHIP LAW AND THE POSSESSION OF FIXED PROPERTY.

Approved and resolved at a Meeting of the Council of the People at Pietermaritzburg, on the 14th day of the month of April, in the year of our Lord, 1841.

WHEREAS it has been deemed necessary, and the Council has been repeatedly urged therto by the Burghers, to provide and enact, by a fixed Law or Regulation, on the subject of the Right of Burghership, as well as the right of possessing Lands or fixed Property, and the granting of the necessary Title Deeds: So it is, that the Council,-after mature consideration,-have determined, ordained, and enacted:

I. That all the South African Dutch Emigrants, at present residing within the limits of this Republic, or who may still come to reside therein before the 1st of January next,—and who shall be allowed to take the Oath of Burghership,-and all Strangers already residing within the Limits of this Republic, and have been already sworn in, as Burghers, together with their children, when they shall grow up and come to maturity, shall be, and are considered to be, real Burghers of this Country and Republic.

2. That all Dutch South Africans, born in the Colony of the Cape of Good Hope, and who may come to reside within this Country, after the 31st December next, and desire to become Burghers of this Country and Republic, shall make

application for that purpose by Petition to the Council of the People; and on being admitted to that privilege, shall, on becoming a proprietor of fixed property, receive, at the transfer, a certificate that he is entitled to possess fixed property, for which Certificate he shall pay 12 Ríxdollars.

3. That all Strangers or Foreigners who may come here after this date, after they shall have resided within the limits of this Country for the space of twelve successive months, and on obtaining a Certificate from the Landdrost of the District, or the Field-Cornet and two respectable Inhabitants of the Ward in which they resided, that they have conducted themselves peaceably, submissive, honest, faithful, and sober, may be accepted and sworn in as Burghers of this Country by the Council, or the Officer for the time being thereto authorized by the Council, on payment of a sum of Rds. 50, or such sum as shall hereafter be fixed by the Council.

4. That no person else but a Burgher of this Republic, shall be possessor of Lands, Houses, or fixed property.

5. Any person leaving the Country for the space of twelve months, or more, without special permission of the Council, shall no longer be considered a Burgher; and having fixed property here, the same shall be publicly sold for his or her

account.

6. Every Burgher (male or female) shall be obliged to pay annually into the Public Treasury, for the right of possession of fixed property, and for the protection of the Laws of such Property, a sum of Twelve Rixdollars, and no more, for each place, in extent 1000 morgen or above; but not exceeding 3000 morgen; for a place of less extent than 1000 morgen, (on the Council approving thereof,) a smaller amount shall be payable; but being more than 3000, and under 4000, a proportionate advance shall be made; and if above 4000 morgen, shall be considered as two places.

7. The Council may draw up and issue Title Deeds, and appoint a Commission to subscribe the same.

8. All special Servitudes on Lands shall be specified in the Title Deeds; but all Lands shall be subject to the following general Servitude, although the same be not specified in the Title Deed.

9. [Roads running across any land are to remain open for traffic, for driving sheep, goats, and cattle, and for outspans.]

10. When any place or land may be required for public use, the owner shall be obliged to sell the same, but not for less than its full value in the manner of arbitration, to be fixed by impartial Landowners sworn in for that purpose.

II. [Gold and silver mines and large forests shall be reserved for the benefit of the public, unless the Legislature shall

grant the same to the owner of the property concerned by annual licence. Punishments for setting fire to the veld or to a forest.]

12. No confiscation or forfeiture of any Land for the benefit of Government shall ever take place for any misdemeanour or trespass of the Law whatsoever; but, whenever any person shall be convicted by a Jury of twelve of his fellowcitizens, of the crime of treason, or armed insurrection against the lawful Authorities, and shall in consequence thereof be condemned to transportation from the Country, he shall be considered as having forfeited his right of burghership, and his Landed Property shall then be sold by legal authority, for the benefit of himself, his Creditors, or Heirs.

13. All Title Deeds, issued for any place in freehold, shall be considered as being granted by authority of this Law, and subject to the conditions and stipulations herein contained, until other provision shall be made in that respect by the Council of the People or the Legislative Council.

14. In this Law or Regulation none the least alteration, addition, or deduction shall be made (except only in such Articles as to which authority is granted) without the consent of at least two-thirds of the number of all the chosen Members of the Volks Raad, or Legislative Council, and after discussion in two succeeding Meetings.

Duly subscribed by the Volks Raad

A true Copy.

J. BODENSTEIN, Secretary of the Council.
P.R.O., MS. in C.O. 48/235.

BRITISH AUTHORITY OVER EMIGRANTS.

No. 104. Proclamation.-By His Excellency Major-General Sir GEORGE THOMAS NAPIER, K.C.B. [etc.]. [2 Dec. 1841.]

[In August 1841 Lord John Russell instructed Napier to re-occupy Port Natal. The proclamation given here was issued and a body of troops was sent. Fighting resulted between the troops and the Republicans, and till 1843 matters were in a very unsettled state.]

WHEREAS certain persons, being Subjects, and chiefly natural-born Subjects, of Her Majesty, have heretofore at various times emigrated from this Colony, and have taken possession of Port Natal and certain Territories adjacent or appertaining thereto :

And whereas I have lately received a Letter, addressed to me, dated Pieter Mauritzburg, the 11th October 1841, signed by J. Prinsloo, as President, and Jacs. Johannes Burger, as Secretary, of the Council of Emigrant Farmers, now residing at Port Natal, and in the Territory adjacent thereto, in which

they inform me, in the name and by the desire of the said Council, as they allege, that they claim to be, and to be recognized as, an Independent State or People, and declare that they are Dutch South Africans by birth, and have ceased to be British Subjects, and refuse to be recognized or treated as such; --and whereas I have been informed that the said Council, at a Meeting held on the 2nd of August 1841, and subsequent days, passed a Resolution, by which they resolve, that all Kafirs inhabiting Port Natal and the Territory thereunto appertaining, as well as those Kafirs who were established at Port Natal long previous to its occupation by the Emigrant Farmers, as others the Subjects of Chiefs at peace with Her Majesty, and living at peace with all Her Majesty's Subjects, shall be removed, without their consent, from Port Natal and the Territory thereunto appertaining into the Country lying between the Mouth of the Umtafoena and that of the Umzimvoobo, which Country forms part of the Territories belonging to Faku, a Chief at peace with Her Majesty, without having obtained the consent of the said Faku, from which most unjust and illegal proceeding there is reason to apprehend that warfare and bloodshed will be occasioned ;-and whereas I am desirous to prevent any of Her Majesty's Subjects from being through ignorance misled by the evil disposed and mischievous or misguided Persons who have written or authorized the writing and forwarding to me of the said Letter, dated the 11th of October 1841, and am determined to prevent, to the utmost of my power, the possibility of the occurrence of warfare and bloodshed within any of the said Territories :

I have therefore deemed it expedient and necessary to declare, as I do hereby proclaim and declare, that the said Emigrants have no right or claim to be recognized as an Independent State or People; that Her Majesty will not recognize them as such, and will not permit or suffer any portion of her Subjects to form themselves into an Independent State or People within any of the said Territories; and that, in obedience to the Orders of my Sovereign, I shall resume the Military Occupation of the same, by sending thither, without delay, a Detachment of Her Majesty's Forces. And I hereby warn all British-born Subjects, and particularly those who, after the Eighteenth Day of January 1806, have been born within this Colony, of Parents who, at the time of their birth, by reason of their permanent residence in this Colony, or otherwise, owed Allegiance to, and were Subjects of, the British Crown, that they cannot, by their removal from this Colony to any other place whatsoever, divest themselves of the allegiance which they owe, by reason of their birth, to the British Crown, or of the character of British Subjects, and not

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