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Select constitutional documents illustrating South African history, 1795-1910 online

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12 CAPE OF GOOD HOPE [1802

Establishment of that Office, the Surplus, whatever it may
be, shall be appropriated to discharge the Expences of such
other Offices as may be deficient in this respect, and in case
there should be any surplus in the whole, then that it sl^ould
be paid into the Treasury of the Settlement, and be applied
in aid of the other Branches of the Public Expences. 1 am
commanded to acquaint your Lordship with these Disposi-
tions, and beg leave to suggest as the best method of carrying
them into execution that you should direct the whole amount
of all Fees and Perquisites above described to be collected
quarterly into one Fund, from which they might be appro-
priated and accounted for in the manner above mentioned.

Rec, II. 35.



No. 9. TREATY OF AMIENS.i [27 March 1802.]

Between His Britannic Majesty on the one hand, and the
French Republic, His Catholic Majesty, and the Bata-
viAN Republic on the other.

Art. III. His Britannick Majesty restores to the French
Republick, and her Allies ; namely. His Catholick Majesty
and the Baiavian Republick, all the Possessions and Colonies
which belonged to them respectively, and which had been
occupied or conquered by the British Forces in the Course of
the War, with the Exception of the Island of Trinidad, and
the Dutch Possessions in the Island of Ceylon,

Art. VI. The Cape of Good Hope remains in full Sover-
eignty to the Batavian Republick, as it was before the War.

The Ships of every Description belonging to the other con-
tracting Parties shall have the Right to put in there, and to
purchase such Supplies as they may stand m need of as hereto-
lore, without paying any other Duties than those to which
the Ships of the Batavian Republick are subjected.

Art. XIL The Evacuations, Cessions, and Restitutions,
stipulated for by the present Treaty, except where otherwise
expressly provided for, shall toke place in Europe within One
Month ; in the Continent and Seas of America, and of Africa,
within Three Months ; and in the Continent and Seas of Asia,
within Six Months after the Ratification of the present Defini-
tive Treaty.

Art. XIII. In all the Cases of Restitution agreed upon

by the present Treaty, the Fortifications shall be delivered up

in the State in which they have been at the Time of the Sig-

nature of the Preliminary Treaty; and all the Works which

1 Published by Authority. Ixmdon, 1802.



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i8o3] CENTRAL GOVERNMENT 13

shall have been constructed since the Occupation, shall remain
untouched. . . .

With respect to the Inhabitants of the Countries restored
or ceded, it is agreed that none of them shall be prosecuted,
disturbed or molested in their Persons or Properties under
any Pretext, on account of their Conduct or political Opinions,
or of their Attachment to any of the contracting Powers, nor
on any other Account, except that of Debts contracted to
Individuals, or on Account of Acts posterior to the present
•Treaty.

Art. XIV. All Sequestrations imposed by any of the
Parties on the funded Property, Revenues, or Debts of what-
ever Description, belonging to any of the contracting Powers,
or to their Subjects or Citizens, shall be taken off immediately
after the Signature of this Definitive Treaty. The Decision
of all Claims brought forward by Individuals, the Subjects
or Citizens of any of the contracting Powers respectively,
against Individuals, Subjects or Citizens of any of the others,
for Rights, Debts, Property, or Effects whatsoever, which,
according to received Usages and the law of Nations ought
to revive at the Period of Peace, shall be heard and decided
before competent Tribunals ; and in all Cases prompt and
ample Justice shall be administered in the Countries where

the Claims are made.

* * *

Done at Amiens, the Twenty-seventh Day of March One
thousand eight hundred and two ; the Sixth Germinal, Year
Ten of the French Republick.

(L.S.) CORNWALLIS.

(L.S.) Joseph Bonaparte.
(L.S.) J. Nicolas De Azara.

(L.S.) R. J. SCHIMMELPENNINCK.



THE CAPE RESTORED TO THE DUTCH. [21 Feb. 1803.]
la. 10. Proclamation. — By Lieutenant-General Francis

DUNDAS.

Whereas by the 3rd Article of the Treaty of peace concluded
at Amiens on the 27th March 1802 this Settlement is agreed
to be restored to the Batavian Republic, which restoration will
take place to-morrow, being Monday the 21st of February
1803, These are to signify to all the Inhabitants of this Colony
of every description and to all others (not subjects of the United
Kingdom of Great Britain and Ireland) who have taken
the Oa^ of Allegiance to His Britannic Majesty that from

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14 CAPE OF GOOD HOPE [1806

the day above mentioned they are absolved from the said Oath
and return under the subjection of the Batavian Government.
In order however to prevent confusion, the several Colleges
and all the Civil Servants of this Government charged with the
Police, administration of Justice, or of Finance, are at the
instance of His Excellency the Commissary-General required
for the present, and until further orders, to continue the func-
tions of their several offices, and all the Inhabitants are warned
to continue to obey the same.

Rec. V. 156.



SURRENDER OF CAPE TOWN TO THE BRITISH.
[10 Jan. 1806.]

No. 11. Articles of Capitulation proposed by the Lieut.-Colonel
HiERONiMus Casimirus VON Prophalow, Command-
ant of the Town, Castle, and circumjacent Fortifica-
tions of the Cape of Good Hope, to the Major-General in
the Service of His Britannic Majesty, Sir David Baird,
K.C., Commander-in-Chief of His Majesty's Forces, and
Commodore Sir Home Popham, K.M., Commander-in-
Chief of His Britannic Majesty's Naval Forces in Table
Bay.

Art. I. The Capitulation being signed, the Cape Town,
Castle, and circumjacent Fortifications shall be immediately
surrendered to the Troops of His Britannic Majesty, viz. the
Fortifications of the King's Block-House, Craig's Tower, and
all the Batteries within that circuit, and on the other side of
Camps Bay.

2. The Garrison shall, at the surrender, march out with
all the Honours of War, and shall then lay down their Arms
and become Prisoners of War ; but such Officers as are natives
of the Colony, or married with natives, or in possession of
sufficient Landed Property to become regularly and bona fide
domiciliated, shall be at liberty to continue here so long as they
behave themselves as becometh good Subjects and Citizens,
or proceed to Great Britain with regular Passports, and having
previously passed their Parole not to serve until regularly
exchanged.

3. All Officers, who according to the previous Article,
must go to Europe, shall be provided with passages at the
expense of His Britannic Majesty, and shall have leave to
resudze their Property previous to their dmarture, and receive
the same Pay as they did in their own Service, till the day
of their embarkation.

4. The French Subjects, who, belonging to the stranded



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i8o6] CENTRAL GOVERNMENT 15

Frigate VAtalante, and the stranded Privateer U Napoleon,
were casually here, and are comprehended in the Capitulation,
shall be treated on the same footing as the Garrison ; but they
must all be embarked for Europe, as well as every other French
Subject in the Colony.

5. The Inhabitants of th« Town, who have borne Arms,
to be considered as belonging to the Town, and may immedi-
ately return to their former occupations. But the distinction
between the Burghers and other Inhabitants is to remain the
same, and subject to the same restrictions as under the Dutch
Laws.

6. All bona fide private Property, whether belonging to the
Civil or Military Servants of the Government, to the Burghers
and Inhabitants, to Churches, Orphans, and other Public
Institutions of that kind, shall remain free and untouched.

7. Public Property of every description, whether consisting
of Treasure, or Naval or Military Stores, Buildings, Estates
or Merchandise, belonging to the Batavian Republic or the
Government of France, shall be faithfully deUvered up, and
proper Inventories given of them as soon as possible.

8. The Burghers and Inhabitants shall preserve all their
Rights and Privileges which they have enjoyed hitherto ;
Public Worship, as at present in use, shall also be maintained
without alteration.

9. The Paper Money actually in circulation shall continue
current as heretofore, until the pleasure of His Britannic
Majesty is known.

ro. The Lands and Houses, the property of the Batavian
Republic, which must be delivered up m consequence of the
present Capitulation, shall remain as security for that part of
the Paper Money which Is not already secured by Mortgages
upon the Estates of Individuals, by its having been lent to
them. This is, however, to be without prejudice to the free
use to be made of the said Lands and Houses ^for public
purposes.

II- Prisoners of War comprehended in the present Capitu-
lation shall not be pressed into His Britannic Majesty's Service,
or engaged against their own free will and consent. With
respect to other Persons, they are provided for in Article the
5th of this Capitulation.

12. The Inhabitants of Cape Town shall be exempted
from having Troops quartered on them.

[Etc.]

Given ... at Papendorp, near Fort Knokke.

Prods,, etc., p. i.



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i6



CAPE OF GOOD HOPE



[1807



116. 18. SECOND SURRENDER OF THE CAPE TO
THE BRITISH. [19 Jan. 1806.]

Articles of Capitulation proposed by Lieut.-General Jans-
sens, Governor, and Commander-in-Chief of the Batavian
Forces at the Cape of Good Hope, to Brigadier-General
Beresford, duly authorised by Major-General Sir David
Baird, K.C, and Commodore Sir Home Popham, K.M.,
Commanding the Military and Naval Forces of His
Britannic Majesty.



Article i. As soon as this
Capitulation is signed the whole
of the Settlement of the Cape
of Good Hope, with all its De-
pendencies, and all the rights
and privileges held and exer-
cised by the Batavian Govern-
ment, will be considered as sur-
rendered by the Governor,
Lieut. - General Janssens, to
His Britannic Majesty.

Article 8. The inhabitants
of the Colony who are com-
prehended in this Capitula-
tion are to enjoy the same
rights and privileges as have
been granted to those in Cape
Town, according to the Cap-
itulation of the loth instant.



Article i. Agreed to.



Articles. Agreed to — with
the exception of not quartering
Troops, the Country not having
the same resources as theTown,
and this right having been
always an appendage to the
Batavian Government.



18 Jan. 1806.

Ratified and confirmed, 19 Jan. 1806.
Prod., etc,, p. 8.



Mo. 18. THE FARMING OUT OF LICENSES.

[25 July 1807.]

Government Advertisement. — ^Notice is hereby given, that
His Excellency the Governor and Commander-in-Chief has
been pleased to appoint a Committee, consisting of the follow-
ing gentlemen, with power to put up to Auction, and Farm out
to the highest Bidder, the Wine, Brandy, and Foreign Liquor
Licenses, for the ensuing Twelve Months, commencing from
the 1st of September.

The Particulars of the Contract may be seen both at the
Colonial Secretary's and Fiscal's Offices.

Names of the Committee— W. S. Van Ryneveld, Esq./His



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ido9] CENTRAL GOVERNMENT iy

Majesty's Fiscal ; F. Dashwood, Esq., Receiver-General ;
C. Brand, Esq., Collector of Tythes ; J. P. Baumgardt, Esq.,
Receiver-Geneial of Land Revenue.

The Auction will be at the Burgher Senate House, on
Friday the 14th of August next, at 9 o'clock in the Forenoon.
Castle of Good Hope, 25th July 1807.

By Command of His Excellency the Governor,

(Signed) A. Barnard, Secretary.
Prods,, etc., p. 62.



VAGRANCY AND CONTRACTS OF HIRE.

Id. 11 Proclamation. — By His Excellency Du Pr6, Earl of
Caledon, etc. [i Nov. 1809.]

Whereas it appears that the provisions made from time to
time, for securing the fulfilling of Contracts of Hire between
the Inhabitants of this Colony and Hottentots, are not sufficient
for the intended purpose ; and, whereas for the benefit of tiiis
Colony at large, it is necessary, that not only the Individuals
of the Hottentot Nation, in the same manner as the other
Inhabitants, should be subject to proper regularity in regard
to their places of abode and occupations, but also that they
should find an encouragement for preferring entering the
service of the Inhabitants to leading an indolent life, by which
they are rendered useless both for themselves and the com-
munity at large.

I tiierefore have thought proper to establish and ordain,
and by these Presents do establish and ordain :

1. That all and every Hottentot in the different Districts
of this Colony, in the same manner as all Inhabitants, shdl
have a fixed Place of Abode in some one of the Districts, and
that an entry of the same shall be made in the Office of the
Fiscal, or the respective Landdrosts, and that they shall not be
allowed to dhange their place of abode from one District to
another, without a Certificate from the Fiscal, or Landdrost
of the District from which they remove ; which Certificate they
shall be bound to exhibit to the Fiscal, or Landdrost of the
District where they intend to settle, for the purpose of being
entered in tiieir Office ; while every Hottentot neglecting this
order, shall be considered as a Vagabond, and be treated
accordingly.

2. That every Inhabitant who engages a Hottentot in his
service for the space of a month, or any longer period, shall be
bound with the same to make his appearance before the
Fiscal, or Landdrost, or the Field-Comet of his District, and



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iS CAPE OF GOOD HOPE [1812

there enter into, and sign in tripio, a proper written Contract,
containing —

(a) The name of the Person who takes into service ;

(b) The name of the Person who enters into service ;
Ic) The terms of the Contract ;

(a) The amount of the Wages ;

(e) The time of pa3rment ; and

(/) Such further Conditions as the Persons contracting
shall agree upon.
Of which Contract, after having been duly signed in triplo,
each of the Parties shall be furnished with one counterpart,
and the third counterpart is to remain in the Office of the
Fiscal, Landdrost, or Fidd-Cornet ; while, for the sdce of
facilitating the execution of this measure as much as possible,
the Fiscal and respective Landdrosts shall, upon applying for
the same, be furnished on the part of Government, gratis,
with the necessary printed Copies for their own Offices, and
those of the Field-Comets under them.

This being neglected, no Contract of Hire against a Hotten-
tot shall stand good ; and in case where it is proved that tbe
Hottentot was ignorant of these present Regulations, upon the
existence of a Hire Contract bemg satisfactorily proved, the
engagement shall stand good in favour of the Hottentot, who
shall be entitled to all the advantages secured by this Pro-
clamation, to Hottentots entering into Contracts before the
Fiscal, Landdrost, or Fidd-Comet. [Etc.]

Prods., etc., p. 119.



SALE OF CHRISTIAN SLAVES.

Ho. 16. Proclamation. — By His Excellency Lieutenant-General
Sir John Francis Cradock, etc. [9 Oct. 1812.]

Whereas by a Resolution taken by the Governor in Council
at Batavia, dated the loth of April 1770, it is enacted and
prescribed, that Slaves who have been catechised and con-
nrmed in the Christian Religion, shall not be sold : and
whereas by experience it has appeared, that a Law intended
for the promotion of Christiamty and true Religion, has not
been attended with the desired, but rather the contrary, effect :

His Excellency hereby enacts and ordains, that the said
Clause of the Batavian Law of 1770 be repealed and of no
effect; and it is hereby repealed and annulled, from the
date of this Proclamation.

And that no Person may plead ignorance hereof, this shall
be published and affixed as usual.

Prods., etc., p, 210.



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i8i4] CENTRAL GOVERNMENT 19

CESSION OF THE CAPE TO GREAT BRITAIN.

10.1(1. Convention between Great Britain and the
United Netherlands. [13 Aug. 1814.]

In the Name of the Most Holy and Undivided Trinity,

The United Provinces of the Netherlands, under the favour
of Divine Providence, having been restored to their Inde-
pendence, and having been placed by the Loyalty of the
butch people and the achievements of the Allied Powers,
under the govemmait of the Illustrious House of Orange :
And His Britannick Majesty being desirous of entering into
such arrangements with the Prince Sovereign of the United
Netherlands, concerning the Colonies of the said United
Netherlands, which have been conquered by His Majesty's
arms during the late war, as may conduce to the prosperity
of the said State, and may afford a lasting testimony of His
Majesty's friendship and attachment to the family of Orange
and to the Dutch nation : the said High Contracting Parties,
equally animated by those sentiments of cordial good will
and attachment to each other, have nominated for Their
Plenipotentiaries: namely. His Majesty the King of the
United Kingdom of Great Britain and Ireland, the Right
Honourable Robert Stewart, Viscount Castlereagh, . . . ; and
His Royal Highness the Prince of Orange^Nassau, Prince
Sovereign of the United Netherlands, His Excellency Henry
Fagel, . . . : — who, after having exchanged their full Powers,
found in good and due form, have agreed to the following
Articles :

Article I. His Britannic Majesty engages to restore to the
Prince Sovereign of the United Netherlands, within the term
which shall be hereafter fixed, the Colonies, Factories, and
Establishments which were possessed by Holland at the com-
mencement of the late war, viz. on the ist of January 1803,
in the Seas and on the Continents of America, Africa, and
Asia; with the exception of the Cape of Good Hope and the
settlements of Demerara, Essequibo, and Berbice, of which
possessions the High Contracting Parties reserve to Them-
selves the right to dispose by a Supplementary Convention
hereafter to be negociated according to Their mutual interests ;
and especially with reference to uic provisions contained in
the 6th and 9th Articles of the Treaty of Peace signed between
His Britanmck Majesty and His Most Christian Majesty on
the 30th of May 1814.^

» Art. VI. " Holland, placed under the Sovereignty of the House of
Orange, shall receive an increase of territory. The title and exercise of that
Sovereignty shall not in any case belong to a Prince wearing or destined to



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20 CAPE OF GOOD HOPE -[1814

Article II. His Britaimick Majesty agrees to cede in
full Sovereignty the Island of Banca, in the Eastern Seas, to
the Prince Sovereign of the Netherlaxids, in exchange for the
Settlement of Cochin and its dependencies on the coast of
Malabar, which is to remain in full Sovereignty to His
Britannick Majesty.

Article III. The places and forts in the colonies and
settlements, which by virtue of the two preceding articles are
to be ceded and exchanged by the two High Contracting
Parties, shall be given up in the state in which they may be
at the moment of the signature of the present Convention.

Article IV. His Britannick Majesty guarantees to the
subjects of His Royal Highness the Prince Sovereign of the
United Netherlands, the same facilities, privileges, and pro-
tection, with respect to commerce and the security of *Uieir
property and persons within the limits of the British Sove-
reignty on the Continent of India, as are now or shall be granted
to the most favoured nations.

His Royal Highness the Prince Sovereign, on His part,
having nouiing more at heart than the perpetual duration
of peace between the Crown of England and the United Nether-
lands, and wishing to do His utmost to avoid anything which
might affect Their mutual good understanding, engages not
to erect any fortifications in the Establishments which are to
be restored to Him within the limits of the British Sovereignty
upon the Continent of India, and only to place in those Estab-
lishments the number of troops necessary for the maintenance
of the Police.

Article V. Those Colonies, Factories, and Establish-
ments, which are to be ceded to His Royal Highness the
Sovereign Prince of the United Netherlands by His Britannick
Majesty, in the Seas or on the Continent of America, shall be
given up within three months, and those which are beyond
the -Cape of Good Hope within the six months which follow
the ratification of the present Convention.

Article VI. The High Contracting Parties, desirous
to bury in entire oblivion the dissensions which have agitated
Europe, declare and promise, that no individual, of whatever
raiik or condition he may be, in the countries restored and
ceded by the present Treaty, shall be prosecuted, disturbed,
or molested in his person or property, under any pretext
whatever, either on account of hb conduct or political opinions,

wear a foreign Crown." [The rest of the article refers to Germany, Switzer-
land, and Italy.]

Art. IX. " His Majesty the King of Sweden and Norway, in virtue of the
Arrangements stipulated with the Allies, . . . consents that the Island of
Guadalope be restoreo to His Most Christian Majesty, and gives up all rights
He may nave acquired over that Island."



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i8i4] . CENTRAL GOVERNMENT 21

his attachment either to any of the Contracting Parties, or
to any Government which has ceased to exist, or lor any other
reason except for debts contracted towards individuals, or
acts posterior to the date of the present Treaty.

• Article VII. The native inhabitants and aliens, of what-
ever nation or condition they may be, in those countries which
are to change Sovereigns, as well in virtue of the present
Convention as of subsequent arrangements to which it may
give rise, shall be allowed a period of six years, reckoning
from the exchange of the Ratifications, for the purpose of
disposing of their property, if they think fit, whether it be
acquired before or during the late war, and of retiring to what-
ever country thw may choose.

Article VIII. The Prince Sovereign of the United Nether-
lands, anxious to co-operate, in the most effectual manner,
with His Majesty the King of the United Kingdom of Great
Britain and Ireland, so as to bring about the total abolition
of the trade in slaves on the coast of Africa, and having
spontaneously issued a Decree on the 15th of June, 1814,
wherein it is enjoined, that no ships or vessels whatever,
destined for the trade in slaves, be cleared out or equipped
in any of the harbours or places of His dominions, nor admitted
to the forts or possessions on the coast of Guinea, and that no
inhabitants of that country shall be sold or exposed as slaves, —
does moreover hereby engage to prohibit all His subjects, in
the most efiectud maimer and by the most solemn laws, from
taking any share whatsoever in such human traffic.

Akticle IX. The present Convention shall be ratified,
and the ratifications shall be duly exchanged at London
within three weeks from the date hereof, or sooner if possible.

In witness whereof, we, the undersigned Plenipotentiaries,
in virtue of our respective full powers, have signed the present
Convention, and have affixed thereto the seals of our arms.
Done at London, this 13th day of August 1814.
(L.S.) Castlereagh. (L.S.) H. Fagel.

First Additional Article.

In order the better to provide for the Defence and In-
corporation of the Belgick Provinces with Holland, and also to
Provide, in conformity to the Ninth Article of the Treaty of
aris, a suitable compensation for the Rights ceded by His
Swedish Majesty under the said Article, which compensation
it is understood, in the event of the above Reunion, Holland
should be liable to furnish, in pursuance of the above stipula-
tions; It is hereby agreed between the High Contracting
Parties, that His Britannick Majestv shall take upon Himself,
and engage to defray the following cnarges ;

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22 CAPE OF GOOD HOPE [1814

1st. The payment of One Million Sterling to Sweden in
satisfaction bf the claims aforesaid, and in pursuance of a
Convention this day executed with His Swedish Majesty's
Plenipotentiary to that effect, a Copy of. which Convention
is annexed to these Additional Articles.

2dly. The advance of Two Millions Sterling, to be applied,
in concert With the Prince Sovereign of the Netherlands, and
in aid of an equal Sum to be furnished by Him towards aug-



Online LibraryG.W. EybersSelect constitutional documents illustrating South African history, 1795-1910 → online text (page 11 of 70)