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of the contracting parties into the dominions and possessions of the other party, than are or may be imposed on the like article arriving from the dominions of other powers; nor will any prohibition on the importation of any article, the produce or manufacture of the dominions or possessions of the one party be maintained or imposed by the other party, which prohibition shall not equally extend to the importation of the like article, the produce or manufacture of other countries.
The above provision does not exclude the possibility of making a special arrangement about import duties and other commercial relations with the States and Colonies v of South Africa, or with any of these States or Colonies.
It is agreed, that neither of the contracting parties shall hinder the other party in the purchase and the conveyance of firearms and ammunition, and it is likewise mutually understood that all trade in firearms and ammunition with Natives is prohibited by the two contracting parties.
It is agreed that a separate treaty shall hereafter be made for the mutual extradition of criminals.
Any controversies which may arise respecting the interpretation or the execution of the present Treaty, or the consequences of any violation thereof, shall be submitted, when the contracting parties cannot come directly to a satisfactory arrangement, to the decision of a commission of arbitrators.
The commission of arbitrators shall be selected by both parties, so that each of the parties shall nominate an arbitrator, or an equal number of arbitrators, as the case may require.
If the arbitrators, or a majority of them cannot agree, the controversy shall be submitted to the decision of the President of the United States of America, and on his refusal, to the decision of the head of another independent power.
The decision of the arbitrators, and if they cannot agree, the decision of the President of the United States of America, or of the substituted power, shall be binding upon both contracting parties.
This treaty shall be ratified by the two contracting parties; the ratifications thereof shall be exchanged at Pretoria as soon as possible, and the treaty shall come into force immediately after the respective ratifications.
In faith whereof the respective plenipotentiaries have signed the present treaty in duplicate, in the Dutch and English languages.
Done at London, this
day of November, in the year of Our Lord one thousand eight hundred and eighty-three.
It is generally known that the territories bordering on the western boundary of the South African Republic, have for the last three years been the scene of continual disturbances. Various chiefs of inland tribes there carry on a bloody strife against each other, and are guilty of inhuman cruelties. Whites too, hailing from different States and Colonies of South Africa, even from Europe, and called to their assistance by the Chiefs of both sides, take part in that strife.
For the assistance afforded by them, they have obtained from the Chiefs, certain territorial rights, and in this way the position has become more complicated.
If the general weal already demands that an end should be made to that condition of uncertainty and comparative anarchy, the South African Republic urgently requires the same.
Its territory borders immediately on these unhappy regions, and it daily experiences all the difficulties which an unsettled and unbridled border population causes its neighbour to feel.
From the nature of the case, there is in general no clear idea of the relations in which the South African Republic stands to these regions and their inhabitants, nor of the relative positions in which the different tribal Chiefs stand to each other.
The deputation has, therefore, considered it their duty to explain some things more fully, and this duty has the more weight now that it appears to them that both the action and intention of the Republic have been invariably misjudged. The unfortunate condition of affairs on the western frontier is a source of continual care and great expense to the Republic, and as the reward of such care and expense, it obtains only the most unfounded reproaches.
The deputation wish to point out seriatim :
I. The rights of the South African Republic.
II. The encroachments on their rights.
III. The course of existing complications.
Rights of the South African Republic.
When the emigrant farmers left Her Majesty's possessions in 1836 and migrated northward across the Orange River, the country to the north of the Vaal River was to a larger extent than the Transvaal of to-day, under the dominion of the two bloodthirsty Zulu usurpers, Umzwaas and Mosilikatse, who by means of murderous violence conquered and retained possession of those regions, ever further extending their conquests southward into the territory now belonging to the Orange Free State, and westward to the Kalahari Desert. The Olifants River was the boundary between the possessions of those conquerors, the eastern portion under Umzwaas and the western portion under Mosilikatse.
The eastern portion of the Transvaal was subsequently acquired from Umzwaas by the emigrant farmers by purchase or by exchange; but the western portion of the country became their property by virtue of the right of conquest and cession.
The present complications more particularly affecting that western portion of our country, the deputation considers it not inappropriate to give a brief historical account of the manner in which this territory came into possession of the South African Republic, and what extent of land was thus acquired. Mosilikatse, the then ruler of that western portion, was not an old native tribal chief, but, as was stated above, a usurper from Zululand, who extended his conquests over these regions only subsequent to the year 1822. The aboriginal inhabitants of this country had been nearly entirely extirpated Some small remnants of tribes had, to save their by him in the most cruel manner. lives, fled across the Vaal River, and lived on land now belonging to the Orange Free State, as, for instance, the Baralongs, who then lived at Blesburg. Another small remnant of the original tribes continued to live under Mosilikatse as his slaves or dogs" in the most abject degradation, poverty, and misery.
While the emigrant farmers were living in the Orange Free State, Mosilikatse made an attack upon them also in his usual bloodthirsty and predatory manner, killing and plundering as much as he could. He suddenly fell upon a section of emigrants, murdered men, women, and children, and he moreover carried off portion of their cattle and five children.
The remainder of the Boers, in order to save their lives, united in one body and went into lager at Vechtkop. About 15 or 20 days later, Mosilikatse came up with a large force and there again attacked them. The Boers repulsed him, but he carried off nearly all their cattle.
The Baralongs then came with their pack oxen and assisted in carrying off the waggons of the Boers to Blesburg, the place where they lived. A commando of Boers thereupon pursued Mosilikatse with the object of recovering the children which had been carried off, and the cattle which had been stolen.
Machabi, a minor Baralong Chief, together with about 15 followers, accompanied the Boer commando as guide; the other Baralongs were too much afraid of Mosilikatse to with them. The Boers defeated Mosilikatse at the upper part of Klein-Mariko, retook a small number of the stolen cattle, but not the children. They paid Machabi with a portion of the recaptured cattle. This happened in 1837.
In that same year a second Boer commando took the field against Mosilikatse, to attain the same object which the former one had tried to accomplish. Machabi again
accompanied them as guide, together with some followers. On this occasion the Boers defeated Mosilikatse at the same place, and they drove him northwards to the vicinity of Groot Mariko. A large number of the stolen cattle was now retaken, part of which was again given to Machabi as a reward for his services, but the children which had been carried off were not found.
Towards the close of 1838 a strong patrol again went to see where Mosilikatse then was, and whether there was still any chance of getting back their children and the rest of the stolen cattle. They travelled through the north-western parts of the country, but they found no Kaffirs, except small bands here and there, concealing themselves in grottos and caves, from whom they heard that Mosilikatse had gone far north, and that only a large kraal of his tribe still remained on the other side of Magaliesberg, near the spot where Praetoria is now situated (Salkats Nek), which had been posted there to apprehend the slaves or "dogs" of Mosilikatse who ran away from him, and to continue to kill and plunder the few individuals belonging to the original tribes who were left-according to their own account, less than 10,000 in number-in the whole of that country, and a prey to the greatest poverty and misery; they begged the Boers to take them under their protection, which request was acceded to. Thereupon the patrol returned, the Boers crossed the Vaal River and settled on the Mooi River, now Potchefstroom, in 1839. On their arrival there several more of the remaining small bands came to call in the assistance of the Boers. In order to make an end to the barbarous acts of Mosilikatse, and in order to protect the remnant of the conquered tribes against total annihilation, another commando at once advanced in 1840 against the great kraal of Mosilikatse at Magaliesberg. These defeated the usurpers, and they found there the clothes and other articles belonging to the murdered Boers, which had been carried off on the first occasion, when the raid was made by Mosilikatse.
Mosilikatse with all his followers fled to the north and left the country to the Boers, who thus by lawful right of conquest obtained possession of it. To the few survivors of the original population this changed aspect of affairs was indeed a relief. They were thereby relieved from an unbearable tyranny, and the treatment which they experienced at the hands of the Boers was such that other natives rushed into the country from all directions, in order to live in safety under the protection of the Republic; the Baralongs, for instance, who then crossed the Vaal River from Blesberg, in the Orange Free State, and to whom Potgieter, at their request, gave six farms upon which they could live under Boer protection; first, two farms to Machabi and his followers, and four to the remainder of that tribe, which arrived later, and which are now under Moshette and Montsioa. So also the Batlapins, under Gazibone, who obtained a place to live in, under Boer protection, and also the Chief Secheli and Gatsisibi, who came in with their followers from the Thirstland or Kalahari Desert and placed themselves under the protection of the Boers. Many who had been carried off as captives by Mosilikatse managed to escape and obtained permission to settle within the territory of the Republic. A few tribes, which had as yet escaped the clutches of the conqueror, but which were in perpetual danger, were also at their own request taken under the protection of the Boers, as also the tribe of Pokolo, which occupied the north-western part up to Lake Guami, but which now came to live nearer by, in order to be nearer to their protectors.
By this historical review the deputation considers that the right of conquest which the South African Republic has to the western parts with which the present complications are associated to be sufficiently established. Should there however exist any doubt as to the right of conquest to that portion now occupied by the Batlapins under Gazibone and Mankoroane, let all doubt be at once removed by the statement of the facts which prove indisputably that those regions and that tribe were anew subjected to the lawful authority of the South African Republic.
In the year 1858, when the Government of the Orange Free State under President Boshof was at war with the Basutos, Gazibone, paramount Chief of the Batlapins, made an inroad both in the South African Republic and in the Orange Free State, without any provocation or previous notice, clearly with the object of thus indirectly assisting the Basutos. The Batlapins on the occasion of this inroad murdered men, women, and children, and carried off one woman and one young girl, together with waggons and a large number of cattle, after having destroyed the frontier farms.
Upon this, Mr. Kruger, who was then at Thaba Bosigo carrying on peace negotiations between the Basutos and the Orange Free State, was ordered by Mr. Pretorius, President of the South African Republic, forthwith to return and as Commandant
General to advance against Gazibone to punish him for the evil perpetrated, and to bring back the woman and the girl and the stolen articles.
When Mr. Kruger with his commando came near them he was informed that the woman and the girl were under the care of Mahura; he sent a message to this Chief, who was subordinate to Gazibone, requesting him to deliver up the woman and the girl together with the murderers and the stolen cattle. Mahura sent him the woman and the girl, stating that he could not deliver up the other articles. All the Batlapins were then assembled at Taungs, where Mahura resided.
Commandant-General Kruger then sent a message to Mahura, asking him whether he sided with the other rebels, and requesting him, if such were not the case, to separate from them before he attacked them.
But when General Kruger advanced with his force the united forces of the Batlapins attacked him. After some days' fighting the Kaffirs were defeated, and Gazibone fell in the battle.
Mahura then sued for peace, admitted his guilt, and surrendered himself. Peace was concluded, and Mahura, the father of Mankoroane, was appointed to rule temporarily in Gazibone's stead, till the lawful Chief, the son of Gazibone, should have come of age.
Mahura undertook to return the stolen cattle, to pay 2,000 head of cattle for war expenses, and further to obey the Government of the South African Republic. Thereupon the Boer commando withdrew.
The above-mentioned facts conclusively prove, in the deputation's humble opinion, that the South African Republic has a second and more special right of conquest to the territory now occupied by the Batlapins, and also, that not Mankoroane, but Gazibone, is the lawful territorial paramount Chief of the Batlapins.
The right of the South African Republic is, however, not only based upon conquest, a conquest which cannot be called a violent seizure, but which was the outcome of necessary measures of self defence, and a recapture of stolen goods, but this right was, moreover, acknowledged by the lawful territorial Chiefs, and was confirmed by repeated abdication of their claims.
The legal paramount Chiefs are Massouw of the Korannas, Moshette of the Baralongs, and Gazibone of the Batlapins, as has been convincingly proved by the reference to their genealogies and history, of the late President Burgers in his correspondence (of August 31, 1874) (with Sir H. Barkly), the then High Commissioner. paramount chiefs were all subjects of the Republic; so also the other petty chiefs. It is well to refer here to the Proclamation of President Pretorius, dated 29th April 1868, containing a notification of the boundaries of the Republic (vide "Staats Courant" of the South African Republic, 10th June 1868). According to that Proclamation, the Western boundary of the Republic stretches to Lake Negami and from that lake in a straight line to the most northerly point of the Langeberg. The Deputation refers to this proclamation, not for the purpose of vindicating the right of the Republic to the whole extent of this territory, because the said proclamation has a historical significance, which has not been recognised hitherto, and which they wish to point
These extensive territories were not proclaimed because the Boers considered them necessary for habitation, but to protect against the attacks of Mosilikatsi weaker tribes, who had placed themselves under the protection of the Boers.
Later on (1846-1847) a treaty was made with the above-mentioned usurper by the Government of the South African Republic, and he was ordered not to attack any tribe within these territories, nor was any attack made afterwards by this warlike tribe, though they continue to murder and rob weaker tribes, outside the said boundary. The successor of Mosilikatsi, Lo Banzulu, has several times requested the Government of the Republic to allow him to attack tribes within this boundary; but this has always been refused. Since Her Majesty's Government protested against this boundary in 1870, however, and the said Proclamation was re-called in consequence of that protest, this murderous Zulu tribe immediately commenced to murder and rob again those weaker tribes which were formerly under our protection, so that some tribes living in the vicinity of Lake Negami have been annihilated. The before-mentioned legal territorial chiefs have never encroached upon the rights of the Republic, but, indeed, we regret to say, British officials, whose actions have been approved of by the British Government, and for this purpose, they usually employed as their instruments usurping petty chiefs, who were supported in their unjust claims against their paramount chiefs, by which they came into rebellion against not only their legal paramount chiefs, but also against the Government of the South African Republic, who could not recognize their unjust demands. Thus for example, Mankoroane was
supported in his rebellion against Gazibone, Montsioa against Moshette, and Ikalafyn against Gapani.
The deputation are therefore of opinion that they ought to be exhaustive and particular in this historical sketch, in order to remove misunderstanding and erroneous representations so often brought forward.
2. Encroachments on the Rights of the South African Republic.
The discovery of diamonds in the district now known as Griqualand West, gave the sign for a change in British policy. A stream of English diggers rushed in, quarrels arose, and though the Governments of both Republics (Orange Free State and South African Republic), to whose territories these grounds belonged, took proper measures of this new condition of affairs, the desire was too strong, and the opportunity seemed too good a one for the purpose of gaining new glory for the British crown. A Griqua chief, called Waterboer, was persuaded to claim this country; his claim was supported by the British Governor of the Cape Colony. Waterboer became a British subject, and notwithstanding the earnest protest of both republics, the country was taken possession of, in violation of the treaties of Sand River and Bloemfontein. How utterly unfounded the claims of Waterboer were, has been shown by, amongst others, the missionary Moffat, in a letter published in the "Times," of March 9, 1871.
The South African Republic, strong in its just right, agreed to submit the question to the decision of arbiters. On the part of the Republic, Mr. O'Reilly was made arbiter, and the British arbiter was Mr. Campbell, whilst it was agreed that the final decision was to be left to Governor Keate of Natal. That which was at once feared by apprehensive minds soon happened. The arbiters at Bloemhoff could not agree, and Governor Keate gave his award against the Republic, even with regard to grounds which were not submitted to arbitration.
Against this Keate award, which has acquired some historical notoriety, the South African Republic protested most strongly. Not only because the award was unjust in itself, but also because of the partiality of the arbiters, and, secondly, on account of the repudiation of the legal native chiefs. For it was shown that Mr. Campbell had, in anticipation, bought from Waterboer a portion of the disputed territory, and that Governor Keate had, in anticipation, accepted Waterboer and his people as British subjects, in violation of the Sand River treaty. The rights of the legal native chiefs were grievously disregarded, because the Keate award unlawfully allotted land to Mankoroane and Montsioa, without the consent of Massouw and Moshette, who were not even heard before the arbiters. These points have been convincingly shown in the already mentioned correspondence between President Burgers and Sir H. Barkly. The injustice of the Keate award has since also been repeatedly acknowledged from the side of the British.
In 1878 the Griquas revolted against the British Government, and in the reports of the British Commanders, Colonels Warren and Lanyon, loud complaints are made of the participation of Mankoroane, and of his impotence to make the other chiefs acknowledge him as their paramount chief. Meanwhile, in an evil hour, the South African Republic was annexed by Sir Theophilus Shepstone. He recognised the great danger of the condition of anarchy on the Western borders, and as Governor of the Transvaal, he argued, in his noteworthy despatch of July 18, 1870, that the Keate award had had the unfortunate result of greatly injuring the natives, in many cases by means of white adventurers, and at all events by means of intertribal quarrels and a condition of anarchy. Governor Shepstone also openly declared that there was only one? by which the Natives could obtain justice and peace, and remedy security be restored in the country. And what was that remedy? Nothing but a return to the old boundaries of the South-African Republic and to the policy adopted.
He proposed that the authority of the Transvaal Government should be extended over the whole of the old limits of the Transvaal, apportioning a satisfactory location for each of the tribes wrongfully excluded from the Transvaal, by the Keate award."
The Deputation ventures to submit most forcibly to your Lordship, this practical advice coming from a witness who will certainly not be rejected by the British Government. In their opinion nothing better can be done than still to follow this advice.
Too much stress cannot be laid on the fact that the germ of the present troubles is to be found in the Keate award, and more especially in the unfortunate provision contained in that award, by which the status of paramount chief was secured to Mankoroane