Resident, but if they required protection, they were to look to the Government of the country, i.e. the Boer Government. There was to be no more slavery, because just as in the Sand River Convention slavery was forbidden, so it was in the new convention. All was to be peace and harmony, and though they were being handed back to their former rulers, England would not forget them. The Reverend Mr. Moffatt, who translated this speech to the natives, told me afterwards Sir Hercules Robinson read it with evident reluctance, and retired precipitately upon its conclusion. I do not wonder. The most callous official must have blushed to have read such a speech. The poor natives remained on the market-square, where the speech was read, refusing to believe what they heard. Officials were sent to them to explain the contents of the document, but still they would not believe. They said it could not be. It was impossible for England to break her promises. They sat like statues for six long hours, till it was at length beaten into them that England had made up its mind to desert them. It was not until night fell over the scene that they left, carrying to their kraals the evil news of their abandonment, and of the resumption of power by their former masters. When the troops returned from the square, where they had been assembled to give greater éclat to the proclamation of the signing of the Convention, they were headed by Bezuidenhout, the Boer through the seizure of whose waggon the war commenced. He rode in front of the band on a large grey horse, triumphing over the failure of the British. It was a fitting conclusion to the war which he began. 273 THE CHAPTER XV. INSTRUCTIONS ΤΟ THE ROYAL COMMISSION, THEIR The instructions to the Royal Commission-Lord Kimberley's directions-The report of the Commission-They recommend that murders should be tried by the ordinary tribunals-Their abandonment of the idea of severing part of the country-Sir Evelyn Wood dissents-The wisdom of his dissent subsequently proved -Failure of the trials for murder-Compensation to the loyalists -Appointment of a British Resident-Provisions for the protection of natives-Affirmation of the Sand River ConventionThe Zoutspansberg district to be included in the TransvaalThe finances of the new State-Present to the Boers—The Convention and its provisions. THE Royal Commission acted under special instructions from Lord Kimberley. These instructions were carefully kept secret while the Commission was sitting at Newcastle at all events from the loyals-but they have since been published.1 66 The Commissioners were instructed that entire freedom must be granted to the new Transvaal Government, so far as should be consistent with the claims of the Suzerain," a term which had been chosen on account of the facilities it afforded of telling the Boers in the Transvaal that it meant complete self-government as regarded the interior affairs of the country; while, at 1 See the White Book, C. 2892. 2 See General Wood's statement to Kruger, C. 2950, p. 125. T the same time, it was explained to the English people as equivalent to Sovereignty. The Commissioners were to provide for the conduct of the diplomatic intercourse of the Transvaal through the British Government, and the Resident was to be specially charged with dealing with the natives on the frontier. As regarded the protection of the natives within the borders, the Earl of Kimberley distinguished between the districts occupied mainly by white settlers; those in which the settlers were wholly outnumbered by the natives, who had either refused to recognize the Boers, or had only yielded them imperfect obedience; and, lastly, such districts as Zoutspansberg, where the natives vastly preponderated, and had virtually regained their independence. He was inclined to think that parts, at all events, of the districts bordering on Zululand and Swasiland should be retained by the British Government, and that Zoutspansberg should be given over altogether to the natives. The provisions in the Sand River Convention as to slavery were to be affirmed, and provisions were to be made for securing protection to the loyalists. Special attention was to be given to bringing to justice persons who had been guilty of outrage and murder. The Commissioners were also to settle the boundaries of the Keate award, and to see that toleration was given to all religions, and that complete freedom of trade was secured. The finances of the new Republic were to be arranged; and, lastly, Lord Kimberley thought it would be preferable to adopt the name "Transvaal State." 4 In presenting their report the Commissioners gave a short history of their proceedings, explaining the See Mr. Gladstone's letter to Mr. White, infra. Blue Book C. 3114, p. 11. reasons for their delay in proceeding to Pretoria. The first point they touched upon was the mode of trial of persons accused of murder. They stated that the Attorney-General of the Transvaal had advised the creation of a special tribunal, on the grounds of the difficulty of procuring evidence, the danger of effecting arrests, and the remoteness of the prospect of obtaining a fair jury. Sir Hercules Robinson and Sir Henry De Villiers were unable to agree with the attorneygeneral, although he was supported by Sir Evelyn Wood. They based their reasons on the ground of the "popular odium" such a tribunal would incur, and because the English Government would thereby make for itself among the Dutch population a name for vindictive oppression, which no generosity in other matters would efface. For these reasons, they decided that the trial of persons who had committed murder should take place through the ordinary tribunals. With reference to the recognition of the Boer representatives the Commissioners reported that they had found themselves in a difficulty. The Boers contended that the Volksraad existing at the time of the annexation had never been extinguished. Accordingly, after peace was concluded, the old Volksraad had been called together, and had elected certain representatives before the Commission. On the other hand, it had been stipulated in the agreement for peace that the country should remain under British rule till it was finally handed over to the Boers, and the Volksraad was therefore an illegal assembly. The Commissioners decided, however, to wink at the illegality, and to accept the persons chosen by the Volksraad. The next point submitted to the Commissioners occasioned them great trouble. This was the severance of a belt of country east of the 30th degree of longitude, so as to protect the Zulus, the Swasies, and other native tribes from the encroachments of the Boers. They pointed out in their report the temptations presented to an aggressive white race by the fertile plains of Zulu-land and Swasi-land, and the probability of frequent collisions, which would endanger the tranquillity of the British colonies in South Africa. For these reasons Sir Evelyn Wood was of opinion that the whole of the territory east of the 30th degree should be retained, and failing this, that the country lying to the south of the Komati River, and east of the Drakensberg should be severed from the Transvaal. The other members of the Commission, while recognizing the benefit of a bulwark between the Boers and the natives, were influenced by the representations of the Boer leaders, who declared that their followers felt so deeply the proposed severance, that it would be regarded as a great injustice, and would for ever remain a rankling sore. They stated that they anticipated further trouble if their wishes were not complied with. The majority of the Commissioners also thought that by giving way on this point they might obtain concessions on others. They also took into consideration the fact that the natives on the eastern border were warlike and able to protect themselves, unlike the weaker tribes to the west, for whom no scheme of protection had been devised. They therefore decided to give back to the Transvaal all the territory it claimed on the east, with the exception of Swasi-land, to which the Boers were unable to make out a claim. Sir Evelyn Wood presented a formal protest against the decision of his colleagues. He said the reasons alleged by the Boer leaders must have been present to |