chief or people, by any person belonging to any native chief within the said sovereignty, the nearest magistrate, upon being applied to for that purpose by any person injured by the crime, and not being one of the people of the same chief who shall, by native law or usage, have jurisdiction over the accused party, shall make, if necessary, such representations to such chief as shall tend to secure or further the ends of justice. 27. When any doubt or question shall arise as to the court to which any accused person should be sent for trial, the matter shall be decided by the British Resident. Tenure of Land. 28. To avoid occasions of contention, prevent unjust encroachments in any quarter and preserve the just rights of all, the lands of which the continued and exclusive use shall be secured to the several native chiefs and people within the Orange River sovereignty, are to be carefully ascertained and defined. 29. The lands within the Orange River sovereignty belonging to any native chief and people, are to be protected for the use of such chief and people, and shall be regulated by the laws and usages of such chief and people in regard to all rights of occupation or inheritance, and all questions touching the same shall, as heretofore, be determined by the tribunals of such chief and people. 30. All lands within the Orange River sovereignty, not allotted to any native chief or people, shall be held of Her Majesty the Queen, by grant, on such moderate quitrents as may be fixed; such grants to be in the name of the High Commissioner, acting on Her Majesty's behalf, and to be signed, under his Excellency's order, by the British Resident. 31. The amount of such quit-rents, together with every sort and description of revenue raised within the sovereignty, shall be applied exclusively for the benefit of the same. 32-34. [About licenses.] 35-36. [About churches and schools.] 37-38. [About the post and roads.] [The foregoing Regulations are subject to alteration from time to time.] (Signed) H. G. SMITH. Parl. Papers, C. of G. Hope, presented 19 May 1851, p. 3. No. 158. THE BLOEMFONTEIN CONVENTION. [23 Feb. 1854.] [The defence of the country was a costly undertaking, especially as its white inhabitants were almost continually being plundered by the people of the powerful Basuto king, Moshesh. Towards the end of 1852 an attempt was made to chastise that chieftain, but little was effected. The half-formed resolution of the British Government to abandon the Sovereignty was then definitely adopted; but the condition of the country was at a very low ebb, many of the efficient fighting men among the white inhabitants had proceeded across the Vaal, and under the circumstances the majority of the inhabitants were strongly desirous of retaining British protection, though they asked for a liberal form of government. The British Commissioner had some difficulty in persuading representatives of the people elected for the purpose to take over the government; but on 30th January 1854 a royal proclamation was issued, renouncing all dominion over the Territory, and a little later the agreement given here was arrived at.] Articles of Convention entered into between Sir GEORGE RUSSEL CLERK, . . . Her Majesty's Special Commissioner for settling and adjusting the affairs of the Orange River Territory, on the one part, and the under-mentioned representatives, delegated by the inhabitants of the said Territory: For the District of Bloemfontein.-GEORGE FREDERIK For the District of Smithfield.-JOSIAS PHILIp Hoff- For Sannah's Poort.-GERT PETRUS VISSER, Justice For the District of Winburg.-FREDRIK PETER For the District of Harrismith.-PAUL MICHIEL on the other part. ARTICLE I. Her Majesty's Special Commissioner, in entering into a Convention for finally transferring the Government of the Orange River Territory to the representatives delegated by the inhabitants to receive it, guarantees, on the part of Her Majesty's Government, the future independence of that country and its Government ; and that after the necessary preliminary arrangements for making over the same between Her Majesty's Special Commissioner and the said representatives shall have been completed, the inhabitants of the country shall then be free. that this independence shall, without unnecessary delay, be confirmed and ratified by an instrument, promulgated in such form and substance as Her Majesty may approve, finally freeing them from their allegiance to the British Crown, and declaring them, to all intents and purposes, a free and independent people, and their Government to be treated and considered thenceforth a free and independent Government. And 2. The British Government has no alliance whatever with any native Chiefs or tribes to the northward of the Orange River, with the exception of the Griqua Chief, Captain Adam Kok; and Her Majesty's Government has no wish or intention to enter hereafter into any treaties which may be injurior prejudicial to the interests of the Orange River Government. 3. With regard to the treaty existing between the British Government and the Chief, Captain Adam Kok, some modification of it is indispensable. Contrary to the provisions of that treaty, the sale of lands in the Inalienable Territory has been of frequent occurrence, and the principal object of the treaty thus disregarded. Her Majesty's Government therefore intends to remove all restrictions preventing Griquas from selling their lands, and measures are in progress for the purpose of affording every facility for such transactions, the Chief, Adam Kok, having, for himself, concurred in and sanctioned the same. And with regard to those further alterations arising out of the proposed revision of relations with Captain Adam Kok, in consequence of the aforesaid sales of lands having from time to time been effected in the Inalienable Territory contrary to the stipulations of the Maitland Treaty, it is the intention of Her Majesty's Special Commissioner, personally, without any unnecessary loss of time, to establish the affairs in Griqualand on a footing suitable to the just expectations of all parties. 4. After the withdrawal of Her Majesty's Government from the Orange River Territory the new Orange River Government shall not permit any vexatious proceedings towards those of Her Majesty's present subjects remaining within the Orange River Territory who may heretofore have been acting under the authority of Her Majesty's Government, for or on account of any acts lawfully done by them, that is, under the law as it existed during the occupation of the Orange River Territory by the British Government. Such persons shall be considered to be guaranteed in the possession of their estates by the new Orange River Government. Also, with regard to those of Her Majesty's present subjects who may prefer to return under the dominion and authority of Her Majesty to remaining where they now are, as subjects of the Orange River Government, such persons shall enjoy full right and facility for the transfer of their properties, should they desire to leave the country under the Orange River Government at any subsequent period within three years from the date of this convention. 5. Her Majesty's Government and the Orange River Government shall, within their respective territories, mutually use every exertion for the suppression of crime, and keeping the peace, by apprehending and delivering up all criminals who may have escaped or fled from justice either way across the Orange River, and the courts, as well the British as those of the Orange River Government, shall be mutually open and available to the inhabitants of both territories for all lawful processes. And all summonses for witnesses directed either way across the Orange River, shall be countersigned by the magistrates of both Governments respectively, to compel the attendance of such witnesses, when and where they may be required, thus affording to the community north of the Orange River every assistance from the British courts, and giving, on the other hand, assurance to such Colonial merchants and traders as have naturally entered into credit transactions in the Orange River Territory during its occupation by the British Government, and to whom, in many cases, debts may be owing, every facility for the recovery of just claims in the courts of the Orange River Government. And Her Majesty's Special Commissioner will recommend the adoption of the like reciprocal privileges by the Government of Natal in its relations with the Orange River Government. 6. Certificates issued by the proper authorities, as well in the Colonies and Possessions of Her Majesty as in the Orange River Territory, shall be held valid and sufficient to entitle heirs of lawful marriages, and legatees, to receive portions and legacies accruing to them respectively, either within the jurisdiction of the British or Orange River Government. 7. The Orange River Government shall, as hitherto, permit no slavery, or trade in slaves, in their territory north of the Orange River. 8. The Orange River Government shall have freedom to purchase their supplies of ammunition in any British Colony or Possession in South Africa, subject to the laws provided for the regulation of the sale and transit of ammunition in such Colonies and Possessions; and Her Majesty's Special Commissioner will recommend to the Colonial Government, that privileges of a liberal character, in connexion of import duties generally, be granted to the Orange River Government, as measures in regard to which it is entitled to be treated with every indulgence, in consideration of its peculiar position and distance from the seaports. 9. In order to promote mutual facilities and liberty to traders and travellers, as well in the British Possessions as in those of the Orange River Government and it being the earnest wish of Her Majesty's Government that a friendly intercourse between these territories should at all times subsist, and be promoted by every possible arrangement, a consul or agent of the British Government, whose especial attention shall be directed to the promotion of these desirable objects, will be stationed within the Colony near to the frontier, to whom access at all times may readily be had by the inhabitants on both sides of the Orange River, for advice and information, as circumstances may require. This done and signed at Bloemfontein, on the Twentythird day of February, One Thousand Eight hundred and Fifty-four. (Signed) (Signed) GEO. RUSSEL CLERK, JOSIAS PHILIP HOFFMAN, President. G. J. DU TOIT, Field-cornet. D. J. KRAMFORT. H. J. WEBER, Justice of the Peace P. A. HUMAN. J. P. SNYMAN, late Field-com- G. P. Visser, Justice of the J. GROENENDAAL. J. J. RABIE, Field-cornet. E. R. SNYMAN. C. P. DU TOIT. Parl. Papers, S. Africa, C.O. (42), 1884, p. 94. No. 159. THE CONSTITUTION OF THE ORANGE FREE STATE. [The Orange Free State Constitution was adopted on the 10th April 1854, within three weeks after the country became independent of Great Britain. Modifications were made in 1864 and 1865 and confirmed by a resolution of the Volksraad, dated 9th February 1866. These were declared to take effect after two months. It is the Constitution as it stood in 1866 that is given here. It was again revised and published in 1868. In the year 1892 a compilation of the Free State Laws was published by authority of the Volksraad. The Grondwet appearing therein differs from the one here published in only a few unimportant details, though, of course, a number of laws were passed in the meantime, which altered to some extent the manner of carrying out the provisions of the Constitution. Those articles of the 1866 Grondwet which are identical with corresponding articles published in 1892 are marked with an asterisk. The instrument was formally repealed by Proclamation No. 3 of 1902 (A), though impliedly it became void by the Proclamation of 24th May 1900, which annexed the country to the British Empire.] |