settlement and adjustment of the boundaries, and an amicable and clear understanding of the affairs and the relationship with the chiefs, tribes, and people of the countries adjacent to the colony of the Cape of Good Hope, I have placed upon a permanent foundation the preservation of peace, harmony, mutual confidence, and the attainment of civilization on the eastern boundary, and have personally visited the countries upon the north and north-eastern boundary of the colony, on the line leading to Her Majesty's settlement of Natal, annexed to the colony of the Cape of Good Hope, for the purpose of obtaining information from all the various parties concerned, upon matters so involving the interests, not only of the native chiefs of the countries into which many of Her Majesty's legal subjects have established themselves, but also of those subjects themselves; and have personally conferred with the leading chiefs of the neighbouring tribes, and with many of the meritorious and devout missionaries, as well as with the influential and thinking men of Her Majesty's subjects located as aforesaid; and have received several addresses very numerously signed by the inhabitants, between the Orange, the Modder, and Riet rivers, as well as from those around Bloem Fontein, and from the Caledon river, and also those from the neighbourhood, and at Wenburg. Now, therefore, by virtue of the several powers and authorities in me vested, and subject to Her royal confirmation,-I do hereby proclaim, declare, and make known, the sovereignty of Her Majesty the Queen of England over the territories north of the Great Orange river, including the countries of Moshesh, Moroko, Molitsani, Sinkonyala, Adam Kok, Gert Taaybosch, and other minor chiefs, so far north as to the Vaal river, and east to the Drakensberg, or Quathlamba mountains; with no desire or inclination whatever on the part of Her Majesty to extend or increase her dominions, or to deprive the chiefs and their people of the hereditary rights acknowledged and recognized by all civilized nations of the world, as appertaining to the Nomadic races of the earth; but on the contrary, with the sole view of establishing an amicable relationship with these chiefs, of upholding them in their hereditary rights, and protecting them from any future aggression, or location of Her Majesty's subjects, as well as of providing for their rule, and the maintenance of good order, and obedience to Her Majesty's laws and commands on the part of those of the Queen's subjects, who, having abandoned the land of their fathers, have located themselves within the territories aforesaid and I hereby proclaim, that all the chiefs of the territories aforesaid are under the sovereignty of Her Majesty, as the paramount and exclusive authority in all international disputes as to territory, or in any case whatever tending to interrupt the general peace and harmony of South Africa: but that their authority over their own tribes shall be maintained, as well as their own laws, according to their customs and usages. And I hereby proclaim that all Her Majesty's subjects within the territories aforesaid, shall be governed by the laws, ordinances, and proclamations framed, and to be framed, for Her Majesty's colony of the Cape of Good Hope, and that they shall henceforth be in full possession of the rights of citizens of the said colony, and that municipalities, corporations, and other privileges shall be granted to them, as their increase and improvement require. And I do hereby proclaim that Her Majesty's Government assumes the responsibility to the chiefs, as regards their just indemnification for all lands now occupied by these Her Majesty's subjects, upon the latter paying an annual quitrent, according to a schedule which shall be established by a Commission appointed for the purpose, and upon the condition that every able-bodied man turns out in the defence of Her Majesty, and her allies, either with arms, or as special constables, as may be required by the British Resident and Magistrate. The appropriation of these quitrents shall be: Firstly, for the fair and honest remuneration and indemnification of the native chiefs, in lieu of any and all contracts or leases entered into by Her Majesty's subjects, so that no breach of faith shall exist, in the faith of an agreement entered into by Her Majesty's High Commissioner with the great chiefs Moshesh, Moroko, Sinkonyala, Adam Kok, and others. Secondly, for the defraying their own expenses of their own government, viz.,-the British Resident at Bloem Fontein, Magistrates, etc., as shall hereafter be appointed, with Sheriff's officers, constables, etc., and FieldCommandants and Field-Cornets, etc., as the full organization of a government may require, and for bearing the expense of sending into Colesberg all criminal cases which must be tried before the judges. And I do hereby proclaim and declare, that every trader or other individual trafficking, or engaged in commerce, within the territories aforesaid, shall pay an annual license of £50, in the like manner as the traders in British Kaffraria; these licenses to be obtained from any Commissioner within or without the colony, who are hereby authorized to grant the same; and all sums which thus accrue, and whatever surplus remains of the sums collected as quitrents, after the payment of the indemnification to the native chiefs for the lands, and the expense of the government aforesaid, shall be vested in a fund, under the control of a Commission, composed of members of the Dutch Reformed Church, appointed by Her Majesty's High Commissioner, for the erection of churches on such spots as may be selected and sanctioned, and for the provision of ministers, and hereafter for the erection of schools and for their maintenance, for the improvement of roads, etc., all for the exclusive benefit of the population north of the Orange river. And whatever sums may be subscribed for the erection of any church or churches as Her Majesty's High Commissioner, I pledge myself to advance on loan an equal sum. And I hereby proclaim all the missionary stations within the territories aforesaid, to be under the special protection of Her Majesty the Queen of England. And I hereby proclaim and declare, that this sovereignty and paramount authority is for the sole protection and preservation of the just and hereditary rights of all the native chiefs as aforesaid, and for the rule and government of Her Majesty's subjects, their interests and welfare. That no benefit whatever accrues, or is desired by Her Majesty, beyond the satisfaction Her Majesty the Queen will ever feel in the maintenance of a just peace, and the improvement of the condition of her people, and in their advancement in the blessings of Christianity, civilization, and those habits of industry and honesty which will elevate and civilize the barbarian, and support and uphold the Christian community, and thus will that peace be established which Her Majesty desires to effect, and has the power and determination to maintain. GOD SAVE THE QUEEN. Given under my hand, and the seal of the Colony of the Cape of Good Hope, on the Great Tugela river, this 3rd day of February 1848. (Signed) H. G. SMITH. By order of His Excellency, Her Majesty's High Commissioner. (Signed) RICHARD SOUTHEY, Secretary to High Commissioner. Parl. Papers, C. of G. Hope, presented July 1848, p. 63. PROVISIONAL GOVERNMENT IN THE ORANGE RIVER SOVEREIGNTY. No. 156. Extract of Proclamation by Sir HENRY G. W. SMITH. [8 March 1848]. * The British resident, Major Warden, in the absence of the High Commissioner, is paramount, and is the President-inChief of all Boards or Commissions, which may be formed for all and whatever purposes. The post of Major Warden, as British resident and magistrate, will be Bloem Fontein. A civil commissioner and resident magistrate, combined in one person, will be stationed at Wenberg, and one in the most eligible and populous neighbourhood of the Caledon river. These civil commissioners and magistrates will have a clerk and two constables attached to each, to issue and serve summonses, and to conduct criminals to Colesberg. No person of colour is ever to be employed in conveying summonses, or in the execution of any point of law, nor are any of the military at present stationed at Bloem Fontein to be employed in matters of a civil nature. The civil commissioners and magistrates will collect the quitrents of their respective districts, receive the amounts to be derived from licenses to traders, fines, and monies, which may arise as the revenue of Her Majesty's subjects beyond the Orange river; and will transmit to the High Commissioner quarterly accounts of such receipts, and the disposal thereof, for publication in the English and Dutch languages, that all may be acquainted with the state of the funds. The magistrates will keep a daily record of their proceedings, cases, and decisions, and every three months a summary of the whole will be transmitted by the British resident and other magistrates direct to the High Commissioner, who will submit them to the chief justice, or one of the puisne judges, for examination and comment, in order to ensure a correct and uniform administration of justice. A Land Commission will be formed, consisting of the British resident, as President-in-Chief; the civil commissioner and magistrate of the district in which the board is held, who will preside in the absence of the British resident; two land surveyors; and one burgher of the district elected by the people, as members; and the clerk to the magistrate of the district, in which the Commission are employed, will act as clerk to the Land Commission. The first duty of this Commission is to divide the territory under the sovereignty of Her Majesty, between the Great Orange and Vaal rivers, into three districts; the first to be designated that of Bloem Fontein, the second that of the Caledon river, the third that of Wenburg. Each of these districts to be divided into field-commandantships and field-cornetcies, the selection of persons for these duties to be made by the majority of the people over whom they are to exercise authority." The Commission will then register each farm, take the census of the population, record the size of the farm, and, according to the value of the land, fix the amount of quit rent from £2 to £8 per annum, which are to be regarded as the minimum and maximum rates. * Parl. Papers, C. of G. Hope, presented No. 157. REGULATIONS FOR THE GOVERNMENT OF THE ORANGE RIVER SOVEREIGNTY. [Some of the farmers residing in the northern half of the Sovereignty asked and obtained assistance from the Emigrants to the north of the Vaal. They expelled the British officials from the territory, but their commando was defeated by a British force, marching from the Cape, at Boomplaats on 29th August 1848. Most of the men then fled across the Vaal, and the officials were reinstated.] PROCLAMATION by His Excellency Lieut.-General Sir HENRY GEORGE WAKELYN SMITH, etc. etc. [14 March 1849.] WHEREAS by my Proclamation bearing date the 3rd of February 1848, I did, amongst other things, proclaim and make known the sovereignty of Her Majesty the Queen of England over certain territories north of the Great Orange River And whereas it has become necessary to make provision for the better regulation of the said territories: Now, therefore, I do hereby proclaim, declare, and make known, that the series of Regulations hereto annexed shall, from and after the 31st day of March 1849, be of force within the said territories, and that from thenceforth anything in my Proclamations of the 3rd of February 1848 and the 8th of March 1848 respectively; and anything in any other former Proclamation, repugnant to, or inconsistent with, any of the said Regulations, shall be revoked, and the same is hereby revoked accordingly. GOD SAVE THE QUEEN. Given under my hand and seal of the settlement of the Cape of Good Hope, at Cape Town, this 14th day of March 1849. (Signed) H. G. SMITH. By command of His Excellency the High Commissioner, (Signed) Secretary to the High Commissioner. REGULATIONS FOR THE FUTURE GOVERNMENT OF THE Name, Extent, and Mode of Government. 1. The territory between the Orange River, the Vaal River, and the Draakberg Mountains, over which Her Majesty's Sovereignty is proclaimed, shall be designated the "Orange River Sovereignty." |