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within and beyond its boundaries, which together probably exceed one and a half million, render it certain that the Transvaal will be the first to suffer from the consequences of a pressure that has already reduced its political life to so feeble a condition:

And whereas the ravaging of an adjoining friendly state by warlike savage tribes cannot for a moment be contemplated by Her Majesty's Government without the most earnest and painful solicitude, both on account of the miseries which such an event must inflict upon the inhabitants of the Transvaal, and because of the peril and insecurity to which it would expose Her Majesty's possessions and subjects in South Africa, and seeing that the circumstances of the case have, from the inherent weakness of the country already touched upon, become so grave that neither this country nor the British colonies in South Africa can be saved from the most calamitous circumstances except by the extension over this state of Her Majesty's authority and protection, by means of which alone oneness of purpose and action can be secured, and a fair prospect of peace and prosperity in the future be established:

And whereas I have been satisfied by numerous addresses, memorials, and letters which I have received, and by the abundant assurances which personal intercourse has given me, that a large proportion of the inhabitants of the Transvaal see in a clearer and stronger light than I am able to describe them, the urgency and imminence of the circumstances by which they are surrounded, the ruined condition of the country, and the absence within it of any element capable of rescuing it from its depressed and afflicted state, and therefore earnestly desire the establishment within and over it of Her Majesty's authority and rule; and whereas the Government has been unable to point out or devise any means by which the country can save itself, and as a consequence relieve the other white communities of South Africa from the danger of the dire events, certain speedily to result from the circumstances by which it is surrounded, and can entertain no reasonable hope that it possesses, or is likely under its present form of government to possess, the means to raise itself to a safe and prosperous condition :

And whereas the emergency seems to me to be such as to render it necessary, in order to secure the peace and safety of the Transvaal territory as well as the peace and safety of Her Majesty's Colonies and of Her Majesty's subjects elsewhere, that the said Transvaal territory should provisionally, and pending the announcement of Her Majesty's pleasure, be administered in Her Majesty's name and on her behalf :

Now, therefore, I do in virtue of the power and authority

conferred upon me by Her Majesty's Royal Commission, dated at Balmoral, the fifth day of October 1876, and published herewith, and in accordance with instructions conveyed to me thereby and otherwise, proclaim and make known that from and after the publication hereof the territory heretofore known as the South African Republic, as now measured and bounded, subject, however, to such, local modifications as may hereafter appear necessary, and as may be approved of by Her Majesty, shall be and shall be taken to be British territory; and I hereby call upon and require the inhabitants of the Transvaal, of every class and degree, and all Her Majesty's subjects in South Africa, to take notice of this my Proclamation and to guide themselves accordingly:

And I hereby further proclaim and declare that I shall hold responsible all such persons who in the Transvaal shall venture opposition, armed or otherwise, to Her Majesty's authority hereby proclaimed, or who shall by seditious and inflammatory language or exhortations or otherwise incite or encourage others to offer such opposition, or who shall injure, harass, disturb, or molest others because they may not think with them on political matters; and I do warn all such that upon conviction of any of the above offences they will be liable to the severe penalties which the law in such cases ordains; and I hereby appeal to and call upon the orderly, right-thinking, and peace-loving people of the Transvaal to be aiding and supporting Her Majesty's authority:

And I proclaim further that all legal courts of justice now in existence for the trial of criminal or civil cases or questions are hereby continued and kept in full force and effect, and that all decrees, judgments and sentences, rules and orders lawfully made or issued, or to be made and issued by such courts shall be as good and valid as if this Proclamation had not been published; all civil obligations, all suits and actions, civil, penal, criminal, or mixed, and all criminal acts here committed which may have been incurred, commenced, done, or committed before the publication of this Proclamation, but which are not fully tried and determined, may be tried and determined by any such lawful courts or by such others as it may be found hereafter necessary to establish for that purpose:

And I further proclaim and make known that the Transvaal will remain a separate Government, with its own laws and legislature, and that it is the wish of Her Most Gracious Majesty that it shall enjoy the fullest legislative privileges compatible with the circumstances of the country and the intelligence of its people. That arrangements will be made by which the Dutch language will practically be as much the

official language as the English; all laws, proclamations, and Government notices will be published in the Dutch language; in the Legislative Assembly members may, as they do now, use either language; and in the courts of law the same may be done at the option of suitors to a cause. The laws now in force in the state will be retained until altered by competent legislative authority.

Equal justice is guaranteed to the persons and property of both white and coloured; but the adoption of this principle does not and should not involve the granting of equal civil rights, such as the exercise of the right of voting by savages, or their becoming members of a Legislative Body, or their being entitled to other civil privileges which are incompatible with their uncivilised condition.

The native tribes living within the jurisdiction and under the protection of the Government must be taught due obedience to the paramount authority, and be made to contribute their fair share towards the support of the state that protects them.

All private bona fide rights to property, guaranteed by the existing laws of the country and sanctioned by them, will be respected.

All officers now serving the Government, and who may be able and willing to serve under the altered circumstances of the country, shall be entitled to retain their positions, and such rights as their positions now give them.

All bona fide concessions and contracts with Governments, companies, or individuals, by which the state is now bound, will be honourably maintained and respected, and the payment of the debts of the state must be provided for.

The appointments of licenses, in virtue of which attorneys, land surveyors, and others are entitled to practise their callings, shall be respected in accordance with the terms and conditions of such appointments or licenses.

GOD SAVE THE QUEEN.

Given under my hand and seal at Pretoria, in the South African Republic, this twelfth day of April in the year of our Lord one thousand eight hundred and seventy

seven.

T. SHEPSTONE, Her Majesty's Special

Commissioner.

By command of His Excellency,

M. OSBORN, Secretary.

S. W. Silver & Co.'s Transvaal (London, 1878).

No. 199.

PROCLAMATIE. [12 April 1877.]

NADEMAAL Harer Britsche Majesteits Speciale Commissaris, Sir Theophilus Shepstone, in weerwil van mijn plegtig protest op gisteren gelegd tegen Zijner Excellenties voornemen, mij per missieve dd. 9 April, medegedeeld, goed heeft gedacht dat voornemen uit te voeren en heden het gezag van Harer Britsche Majesteits Regering heeft geproclameerd over de Zuid-Afrikaansche Republiek.

En nademaal de Regering besloten heeft voorlopig onder protest te berusten, ten einde intusschen een gezantschap naar Europa en Amerika te zenden, in de personen van de WelEd. heeren S. J. P. Kruger en E. J. P. Jorissen, ten einde daar de regten des volks te verdedigen en te trachten langs vreedzamen weg de zaak op te lossen.

Zoo is het dat ik, Thomas François Burgers, Staatspresident der Z.A. Republiek, bij dezen uit naam en op advies van den Uitv. Raad alle ambtenaren, burgers en ingezetenen gelast om zich te onthouden van eenig woord of eenige daad van geweld waardoor de zending vruchteloos zou kunnen gemaakt worden. En ik vermaan alle burgers en ingezetenen het besluit der Regering te helpen handhaven en bij te staan tot de bewaring van orde en het voorkomen van bloedvergieten.

No. 199.

THOS. BURGERS, Staatspresident. Locale Wetten der Z.A. Rep. I. 699.

PROCLAMATION. [12 April 1877.]

WHEREAS Her Britannic Majesty's Special Commissioner, Sir Theophilus Shepstone, in spite of my solemn protest made yesterday against His Excellency's intention communicated to me by letter dated 9th April, has thought fit to carry out that intention and has this day proclaimed the authority of Her Britannic Majesty's Government over the South African Republic;

And whereas the Government has decided to submit for the present under protest, in order to send a mission to Europe and America consisting of Messrs. S. J. P. Kruger and E. J. P. Jorissen to defend there the rights of the people and try to settle the matter in a peaceful manner;

Now therefore, I, Thomas François Burgers, State President of the S.A. Republic, in the name and by the advice of the Executive Council, command all officials, burghers and inhabitants to refrain from any word or deed of violence whereby the mission could be rendered futile. And I admonish all burghers and inhabitants to aid in carrying out the resolution of the Government and to assist in preserving order and preventing bloodshed.

No. 200. THE CONVENTION OF PRETORIA.

[3 Aug. 1881.]

Convention 1 for the Settlement of the Transvaal Territory.

Her Majesty's Commissioners for the settlement of the Transvaal territory, duly appointed as such by a Commission passed under the Royal Sign Manual and Signet, bearing date the 5th of April 1881, do hereby undertake and guarantee, on behalf of Her Majesty, that from and after the 8th day of August 1881, complete self-government, subject to the suzerainty of Her Majesty, her heirs and successors, will be accorded to the inhabitants of the Transvaal territory, upon the following terms and conditions, and subject to the following reservations and limitations:

ARTICLE I. The said territory, to be hereinafter called the Transvaal State, will embrace the land lying between the following boundaries, to wit: [Boundaries given here.]

II. Her Majesty reserves to herself, her heirs and successors, (a) the right from time to time to appoint a British Resident in and for the said State, with such duties and functions as are hereinafter defined; (b) the right to move troops through the said State in time of war, or in case of the apprehension of immediate war between the Suzerain Power and any foreign State, or Native tribe in South Africa; and (c) the control of the external relations of the said State, including the conclusion of treaties, and the conduct of diplomatic intercourse with foreign powers, such intercourse to be carried on through Her Majesty's diplomatic and consular officers abroad.

III. Until altered by the Volksraad or other competent authority, all laws, whether passed before or after the annexation of the Transvaal territory to Her Majesty's dominions, shall, except in so far as they are inconsistent with, or repugnant to, the provisions of this Convention, be and remain in force in the said State, in so far as they shall be applicable thereto Provided that no future enactment specially affecting the interests of natives shall have any force or effect in the said State without the consent of Her Majesty, her heirs and successors, first had and obtained and signified to the Government of the said State through the British Resident: Provided further, that in no case will the repeal or amendment of any laws which have been enacted since the annexation have a retrospective effect so as to invalidate any acts done or liabilities incurred by virtue of such laws.

IV. On the 8th day of August 1881, the Government of the said State, together with all rights and obligations thereto 1 Superseded by the London Convention, 27 Feb. 1884.

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