Obrázky na stránke
PDF
ePub

peared. While they then called themselves proprietors of the land, and subsequently suffered much from severe seasons and scarcity of water, we were obliged to leave the land, and could not penetrate farther into the Country. And in order to prevent dispute, and not to get into unpleasantness with Government, we were obliged to hire the same ground (however vacant) from them at a high price; aye, even to an amount of more than 78,000 Rix-dollars; and must frequently suffer gross depredations and insults. We rejoice in the favourable decision of Her Majesty that you have been appointed by Her Majesty and invested with power and authority to ward off and remove all disturbances. We firmly trust to your aid and support in these our circumstances, under which we have laboured for successive years. We would remind you that it is not our intention (or desire) to drive the colored people, either Griquas or Bastards, from their possessions or dwellings. Oh no!-We grudge them not the means of support; but it is our wish that measures should be adopted to give us also rights, so that we may in future enjoy a peaceable and Christian life, and be enabled to erect a building on this ground, which we may call a Church or House of God, for the instruction of the adult, and rearing of the young, so that we may cherish the hope that our offspring be not devoted to the desert.

Awaiting your reply, we conclude with a fervent prayer that the Almighty Disposer of the Universe may bless your Mission, and crown the same with the influence of His Spirit and grace.

We have, etc. etc. (Signed)

M. H. OBERHOLZER; G. J. Oberholzer ;
P. J. Louw; L. A. J. v. D. HEEVER;
W. D. JACOBS; D. J. VAN DER MERWE ;
and 277 others.

The Honble HENRY CLOETE, Esqr., H.M. Commr.

A true Copy.

[blocks in formation]

RECOGNITION OF THE GRIQUA STATE.
[19 Feb. 1846.]

No. 153. Treaty between Sir PEREGRINE MAITLAND and ADAM
KOK, Chief of the Philippolis Griquas.

The Governor aforesaid and the said Captain Adam Kok, for the purpose of settling the relations between the subjects of Her Majesty resident in the territory and the said Captain, in such a manner as to preserve therein peace and order, by

protecting the quiet and well-disposed, and controlling the turbulent and ill-affected, have consented and agreed to the following articles, which they hereby respectively ratify and confirm :

ARTICLE I. The absolute dominion of Captain Adam Kok over all the land hitherto received and regarded as belonging to him, or to his people, is hereby unreservedly recognised by the Governor, on the part of Her Majesty the Queen.

2. Without prejudice to this recognised right, Captain Adam Kok engages to make hereby a division of his territory into two portions: one division to consist of land in regard to any part of which it shall not hereafter be competent for Captain Adam Kok, or any of his people, to grant leases, or make sales, or give any right of occupation to any British subject, or generally, to any person of European birth or extraction; and the other division to consist of land which may be let on lease to British subjects, and all others indifferently; all leases to British subjects, however, to be made in the manner and under the conditions hereinafter referred to.

3. Persons who are by the last preceding article prohibited from hiring or purchasing lands in the first or reserved division of the Griqua territory, may, with the express permission of the Colonial Government, but not otherwise, and then only for the purpose of religious teaching, or that of trade or business, receive leases of houses and buildings, or of building-erven, situated in the said division.

4. Captain Adam Kok binds himself, for the purpose of this treaty, to recognise as British subjects all persons of British or Colonial birth or extraction, whether born within the British dominions or not.

5. That portion or division of the Griqua territory to be ultimately reserved for the Griqua nation, and in regard to which the certain persons hereinbefore described shall not (except as before is excepted) be allowed to purchase or obtain leases of, or acquire any lands whatever-shall be limited as follows, that is to say: From David's Grave, at the confluence of the Riet and Modder Rivers; thence along the Riet River to where Krom Elbow Spruit falls into the said Riet River; thence [along] Krom Elbow Spruit to where Van Zyl's Spruit falls into it; thence up Van Zyl's Spruit to its source, from between the Pram Bergen; thence along a direct line to be drawn from the neck of Pram Bergen at the source of Van Zyl's Spruit to Braay Paal, which line, running generally east, holds the summit of a ridge extending from the said neck to within about a mile from Braay Paal; thence from Braay Paal, the boundary between Captain Adam Kok and the land occupied by the Chief Le Pui, to the junction of that boundary

with Bosjes Spruit; thence along Bosjes Spruit to where the same falls into the Orange River; thence along the said Orange River as far as Ramah; and thence in a direct line to David's Grave aforesaid.

6. The portion or division of the Griqua territory which may as aforesaid be leased to British subjects, and all others indifferently, shall consist of so much of the hitherto recognised Griqua territory as is not comprised within the limits in the last preceding article set forth.

7. From and out of the last-mentioned division of territory, the lands heretofore enjoyed by the Korannas, under the Chief Goliat, and by the missionary station at Bethany, shall be considered as excepted, which lands shall be preserved inviolate for the said Chief and station.

8. It shall be the duty of the officer styled British Resident amongst the native tribes to the north-east of the Colony, as lately appointed by the said Governor, to exercise constant vigilance in regard to the state and condition of the Griqua territory, so as to secure the tranquillity thereof, to represent Her Majesty's Government upon the spot, to enforce order amongst all British subjects resident in any part of the Griqua territory, to prevent or punish all crimes or injuries meditated or committed by any such subjects, and generally to inquire into, and determine, all disputes which may arise between emigrants and Griquas, so as thereby to maintain peace, and remove all occasion of mutual apprehension and distrust.

9. In order as much as possible to co-operate with the Colonial Government in carrying out such measures as shall be necessary for the preservation of law and order amongst British subjects and all others resident in the territory of Captain Adam Kok, the following articles and provisions are consented to and agreed upon :

10. The British Resident shall at all times be invested by the Governor with a commission under the Act of Parliament, 5 & 6 William the 4th, cap. 57, entitled "An Act for the prevention and punishment of offences committed by Her Majesty's subjects within certain territories adjacent to the Colony of the Cape of Good Hope," empowering such Resident to arrest and send into the Colony for trial any British subjects who shall, within the Griqua territory, be guilty of any crime or offence contrary to the provisions of the said Act.

II. Besides possessing the powers belonging to and invested in a magistrate under the said Act, the contracting parties to this treaty do hereby, both and each of them, constitute and appoint the British Resident for the time being to be a tribunal, exercising and to exercise, over the subjects of Her Britannic Majesty residing and being within the Griqua

territory, the certain summary criminal and civil jurisdiction hereinafter defined; it being expressly consented, agreed, and declared, that whatever shall be adjudged, done, or transacted by the said Resident, within the scope and limits of the powers hereby conferred upon him, shall be as valid and effectual, to all intents and purposes, as if the same had been adjudged, done, or transacted by the said Captain Adam Kok.

12. The British Resident shall have, in regard to crimes and offences committed by British subjects in any part of the Griqua territory, the like jurisdiction in all respects as a Resident Magistrate of the Colony has under, and by virtue of, the Ordinance No. 33 of 1827 in regard to crimes and offences committed within the district or place for which such Resident Magistrate shall have been appointed.

13. The British Resident may, in the exercise of the summary jurisdiction in the last preceding section mentioned, sentence any offender, when convicted, to be punished by fine not exceeding 10l., or by imprisonment, with or without hard labour, for any period not exceeding six months, or by such fine and such imprisonment together, as to such Resident shall seem meet.

14. All fines imposed by the said British Resident shall, in case of non-payment, be levied by distress and sale of the offender's property, and upon recovery, shall be applied in manner and form as the quitrents hereinafter mentioned.

15. The British Resident shall, in regard to the manner of summoning or arresting any person charged with any crime or offence which shall appear to come within his summary jurisdiction, and to the summoning and compelling the attendance of witnesses, and the manner of proceeding in the hearing of the case, and the place at which any sentence of imprisonment shall be carried into effect, and generally, in regard to the exercise of his said jurisdiction, act according to, and carefully observe, all such rules and regulations as shall be provided for, or prescribed to, him by the Governor of the Cape of Good Hope, which rules and orders the said Captain Adam Kok engages to ratify, confirm, and establish as law within his territory.

16. The contracting parties respectively hereby grant to the British Resident full power and authority to appoint a messenger for his court, a gaoler, and such constables or other officers as may be necessary for the due execution of the judicial functions hereby conferred upon him.

17. Captain Adam Kok engages to co-operate with the British Resident whenever so requested by him, and to give to the said Resident every support in his power in the discharge

of the duties belonging to the office of such Resident. And should it so happen that part or the whole of a spot of ground which the British Resident may hereafter select for the purpose of erecting a residence shall fall within the territory of Captain Adam Kok, the said Captain hereby binds himself to allow possession to be taken and kept of such ground for the abovementioned purpose, as long as it shall be required for the same.

18. Any act or proceeding injurious to person or property which would be a crime or offence if committed by a British subject against a Griqua, shall be deemed to be a crime or offence when committed by a Griqua against a British subject, -and Captain Adam Kok hereby engages to have any Griqua so offending tried and punished.

19. Captain Adam Kok engages, upon complaint made to him, to cause any Griqua accused upon reasonable grounds of having committed any such crime or offence, to be secured for trial, and the British Resident is hereby authorised to require Captain Adam Kok to fulfil this stipulation.

20. The British Resident shall be entitled to attend and be present at the trial by Captain Adam Kok, or such other person as may by him be deputed for the purpose, of any Griqua accused of any crime or offence committed against any British subject; but the said Resident will not interfere with the proceedings at such trial, otherwise than by offering such suggestions touching the right and proper conduct of the same as may seem to him to be fit and useful.

21. Whenever any Griqua shall be convicted of any such crime or offence as aforesaid, such punishment shall be awarded as Captain Adam Kok, after consultation with the British Resident (should he be at or near the spot), shall deem to be just and proper under the circumstances of the case.

22. All questions or disputes of a civil nature in which any Griqua shall bring a claim or demand against any British subject resident in the Griqua territory, shall be heard and determined by the British Resident, according to right and justice; and the contracting parties respectively hereby authorise and empower the said Resident so to do, and to enforce any decision by which he shall adjudge any British subject to pay or deliver over to any Griqua, any money or other thing, by distress and sale of the property of the person making default.

23. The British Resident shall, in regard to the manner of summoning any British subject to answer any such claim or demand, and to the summoning and compelling the attendance of witnesses, and to the manner of proceeding in the hearing of the case, to the mode of carrying his judgments into execution, and generally, in regard to the exercise of the civil jurisdiction

« PredošláPokračovať »