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of the Caiedon River to where the Putisani falls into it, along
the centre of the Putisani to its source in the Drakensberg,
and from thence along the Drakensberg, shall thereafter be
taken to run along the centre of the Caiedon River to its source
in the Drakensberg.

Art. 7. The French missionary establishments, Mequatling
and Mabolele, shall be maintained for the reasonable purposes
of the mission, and the missionaries and natives residing on
them shall be subject to such regulations as shall from time to
time be made by the Government of the Orange Free State
for the proper management of the same ; and 1,500 moigen
of land, or such addition of ground as the Volksraad of the
said State may consider necessary and practicable, shall be
assigned to each of the said establishments. The French
Missionary Society, however, or their representatives, shall
be entitled at any time to give them up as such, and to
dispose of the same should they consider it advisable to do so.

Art. 8. There shall be free intercourse, personal and com-
mercial, between the white inhabitants residing m the Orange
Free State on the one side, and Basutoland on the other side,
subject to such laws and regulations now in force or to become
in force in the two countries respectively.

Art. 9. No natives residing m Basutoland shall be allowed
to enter or pass through the territory of the Orange Free State,
and no natives residmg in the Orange Free State shall be
allowed to enter or pass through Basutoland, otherwise than
in conformity with such conmtions and regulations as are
now in force or may hereafter be enacted by the Volksraad
of the Orange Free State, and by or in the name of the British
Government respectively.

Art. 10. It is stipulated between the two contracting
parties that from both sides criminals shall be delivered, upon
the terms which shall be agreed upon hereafter, between the
Government of Her Britannic Majesty on the one part, and
the Government of the Orange Free State on the other part,
and which shall constitute the subject of a special convention,
as soon as the Government of Basutoland shall have been
constituted.

Art. II. It is stipulated between the two contracting
parties that the manner in which thefts of cattle and other
property are to be proved, the manner in which the spoor of
stolen cattle is to be traced, the manner in which compensation
for thefts is to be claimed and to be obtained, and aU other



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i869J CONVENTION OF ALlWAL 339

matters connected therewith, shall form the subject of a
separate agreement, to be entered into from time to time
between the Government of Her Britannic Majesty and the
Government of the Orange Free State, or such Conunissioners
as may be appointed by them for the said purpose.

Art. 12. His Excellency the High Conmiissioner agrees to
submit to arbitration the claim of the Orange Free State to
compensation for thefts committed and other damage done
by tibe Basutos to the inhabitants of the Orange Free State,
and the claim of the Basutos to like compensation since the
date of the proclamation of his Excellency the High Commis-
sioner, by which the Basutos have become British subjects,
should the Volksraad of the Orange Free State desire such
arbitration.

Art. 13. In the same manner his Excellency the High
Commissioner agrees to arbitration with regard to the claim
of the Orange Free State to compensation for the abandonment
of the land situate between the boundary line mentioned in
Art. I of the Treaty of Peace between the Orange Free State
and the Chief Moshesh, dated 3rd April 1866, and that men-
tioned in Art. i of the present Convention, and in the case
provided for by Art. 6 for the abandonment of the land situate
between the Putisani, the Caledon River, and the Drakensberg.

Art. 14. Nothing herein contained shall be construed
to set aside or invalidate the Convention entered into on the
23rd February 1854, between Sir George Russd Clerk, Her
Britannic Majesty's Special Commissioner, and the repre-
sentatives delegated by the inhabitants of the Orange River
Territory, nor any part of the same, nor shall the Proclamation
of his Excellency the High Commissioner, dated 12th March
1868, be held to have been a violation of said Convention.

Art. 15. Nothing in the preceding Articles contained shall
be held to prevent the acceptance by the Volksraad of the
Orange Free State of the proposals made to the Conunissioners
of the said State by his Excellency the High Commissioner
on the 5th day of February 1869, as the same are set forth in
the schedule hereto annexed. And if such proposals shall be
accepted by the said Volksraad, then the ist, 2nd, 3rd, 4th,
5th, 6th, 7th, and 13th of the preceding Articles shall be
deemed to have been cancelled, and the several Articles con-
tained in the said proposals shall be taken to be Articles of
this Convention.

Art. 16. The present Convention, subject to the con-
firmation and ratification of the Government of Her Britannic
Majesty on the one part, and of the Government of the Orange
Free State on the other part, shall be carried immediately
into execution, without waiting for the exchange of ratifications

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34<^ ORANGE FREE STATE [1869

which shall take place in Cape Town, in the Colony of the
Cape of Good Hope, within six months from this date.

Thus done and signed at Aliwal North, in the Colony of
the Cape of Good Hope, this 12th day of February, in the year
of our Lord One Thousand Eight Hundred and Sixty-nine.

(Signed) P. E. Wodehouse.

J. H. Brand.

H. A. L. Hamelberg.

C. J. A. De Villiers.

J. J. Venter.

A. J. Bester.

Schedule.

1. The border between the Free State and Basutoland shall
be that recognised before the war of 1865.

2. All persons to whom the Government of the Free State
shall, before the ist day of April 1868, have sold or granted
farms lying between the line in the preceding article mentioned,
and the line described in a letter from the High Commissioner
to the R-esident, of the 14th April 1868, and who shall have
complied with the conditions of the sale or grant, shall, subject
to the stipulations herein-after contained, receive titles for
the same from the British Government. All instalments
remaining under the conditions of sale shall be paid to the
Free State.

3. It shall be open to the British Government in any case
in which special drcumstances may render it necessary to do
so, to withhold the title and resume the possession of any
such farm, on condition of granting to the purchaser or grant^
a farm of equal value or compensation in money.

4. All the said farms that have become forfeited for non-
ftdfilment of the conditions of sale or grant shall revert to the
British Government, and any such forfeited farms shall be
available for the purpose of the preceding Article ; and such
of the said farms as shall not be apphed to such purposes shall
be sold, and of the proceeds of sale two-thirds sbaJl be paid
to the Government 01 the Free State.

5. The obligation of personal residence on the part of the
purchaser or grantee or nis substitute shall be abolished, and
the quitrent payable for every such farm shall be at the rate
of five pounds per anniun for each thousand morgen.

6. The British Government shall, in consideration of the
above-stated arrangement, pay to the Government of the
Free State, over and above all sums accruing imder the pre-
ceding Articles, the sum of fifty thousand pounds sterling on
or before the day of next ; and in
default of such payment, and imtil the same shall be made,



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1876] LOSS OF DIAMOND FIELDS 341

pay annually the sum of three thousand pounds, Commencing
from the day on which the first payment of quitrent shall
become due xmder the preceding Article.

(Signed) P. E. Wodehouse.
Sth February 1869.

Subject to the regulations to be hereafter made, it is agreed :

1. Whenever the spoor of stolen cattle or horses is traced
across the boxmdary line to Basutoland, the officer of the
British Government stationed nearest to the place where
the theft was conunitted, shall, upon receiving report thereof,
be boxmd to aid the owner of the stolen property, or the person
acting on his behalf, in tracing the spoor xmtil the stolen
cattle or horses are discovered in Basutoland, or until the spoor
is lost, and further to give every aid and assistance which
may lead to the discovery and punishment of the thief, and
the recovery and restitution of tne stolen property. Infonna-
tion shall be ^ven by the Agent of the High Commissioner
from time to tune to the authorities of the Orange Free State
of the names and place of residence of the officers on the border.

2. If the spoor of any stolen cattle or horses shall be traced
across the boundary line to the Orange Free State, it shall be
reported to the nearest field-comet 01 the Oran^je Free State,
who shall be bound to adford every assistance m tracing the
spoor and discovering and apprehending the thief, in order
that he may be dealt with according to law, and that the stolen
property may be recovered and restored.

(Signed) P. E. Wodehouse.
J. H. Brand.
H. A. L. Hamelberg.
C. J. De Villiers.
J. J. Venter.
A. J. Bester.
Aliwal North, izth February 1869.

Pari. Papers, S. Africa, CO. (42), 1884, p. 96.



Ho. 171. SETTLEMENT OF THE DIAMOND FIELDS

DISPUTE.

[In 1866 and the years following, diamonds were discovered by
Europeans along the l>anks of the Qntnge River, the Modder, and the
Vaal, not far from the points where these rivers meet. Some of the
land on which digging was soon commenced fell within Free State
territoiy, but parts were also claimed by the South African RepubUc.
A third claimant was Waterboer, a Griqua chief. The claims were
submitted to arbitration. The Orange Free State declined to present
its case before the court, holding that its claim was incontestable, as
the territory fell within boundaries previously agreed upon by the



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342 ORANGE FREE STATE [1876

British authorities. The case of the other Republic was badly prer
sented, and the result was that the claims of Waterboer were estab-
lished. He was immediately taken over with his people as British
subjects, his territory becoming a Crown colony under the name of
Griqualand West. A few years later actions were brought before court
by two sets of claimants to certain farms in Griqualand. One set based
their claims on grants made by Waterboer, another set on grants made
by the Orange Free State. The judee rejected Waterboer's grants ;
whereupon the President of the Free State went to England to renew
the claims of his country. The present document shows the agree-
ment arrived at.]

London, July 13, 1876.
Memorandum of Agreement between the Right Honourable
the Earl of Carnarvon, Her Majesty's Secretary of
State for the Colonies, representing Her Majesty's Govern-
ment, and his Honour President Brand, for the Orange
Free State, who, having met and fully communicated
with each other for the purpose of arriving at an under-
standing with regard to the Frontier Line between the
British and the Orange Free State Territories, and as to
the sum to be paid by Her Majesty's Government to the
Orange Free State in fuU settlement of all claims with
respect to the Diamond Fields and the question of Sover-
eignty over the lands hitherto in dispute, h«-eby agree
as follows :

1. The frontier diall be known and recognised hereafter
(subject to the provisions in pjaragraph No. 2) by a line drawn
from Rama (Fountain), passing through David's Graf (close
above the junction 01 the Riet and Modder rivers) to the
beacon standing on Tartantal Kop (and marked by De Villiers
on the map refared to h«-eafter), thence by a straight line
at right angles to the line from David's Graf to the summit of
Platberg, and from the point where the two lines join, thence
to the summit of Platberg, thence in a straight line to the
point marked G on the said map, on the River Vaal, including
the whole of the places known as the Diamond Fields.

2. The boundary line given shall be drawn so as to leave
within the Free State territory the farm belonging to Gideon
Joubert, and the four farms occupied by Commandant Dolf
Erasmus, according to the boundaries of the said farms as
registered in the Registry of Deeds Office at Bloemfontein,
on the 27th October 1871, but verified and certified by ex-
amination, and by marking of beacons, to be made on the
spot by two experts, approved by the Right Honourable the
Earl of Carnarvon and his Honour President Brand.

3. The map now in the hands of the Right Honourable
the Earl of Carnarvon, drawn by Mr. Jonas de Villiers, of the
Free State, and signed in duplicate by the Right Honourable



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1876] LOSS OF DIAMOND FIELDS 343

the Earl of Carnarvon and his Honour President Brand, shows
the line of boundary as herein set forth. But it is admitted
that this map is to be verified and approved on the spot by
the experts herein referred to, who wiu mark out the line of
boundary by beacons, and make out two copies of the chart,
and sign the same, which is to be completed within six months,
unless prevented by unforeseen circumstances, or sooner if
possible.

4. The amount to be paid by Her Majesty's Government on
the due fulfilment and carrying out of the details of this agree-
ment is hereby fixed at the sum of 90,000/. sterling, payable
as follows : 20,000/. payable at Bloemfontein on the com-
pletion of the surveys and settlement of the boundaries by
beacons in bills drawn by the Treasurer-General of the Orange
Free State upon Her Majesty's Government in London at sixty
days after sight, and the remainder (70,000/. sterling) by bills
equal to cash in London on the completion of the documents
exchanged there.

5. The Right Honourable the Earl of Carnarvon and his
Honour President Brand hereby express their cordial satisfac-
tion with the foregoing arrangement as a just and fair settle-
ment in full of the question referred to herein and heretofore
in dispute ; and all grounds for controversy now being removed,
the Eight Honourable the Earl of Carnarvon and his Honour
President Brand, for themselves and for Her Majesty's Govern-
ment and for the Orange Free State, agree to seek, by friendly
co-operation hereafter, all that can advance the common
interests of their respective countries.

(Signed) Carnarvon.
J. H. Brand.
In the presence of —

(Signed) Donald Currie.

DONOUGHMORE.

London, July 13, 1876.
Further Memorandum 0/ Agreement between the Right Honour-
able the Earl of Carnarvon, for Her Majesty's Govern-
ment, and President Brand, on behalf of the Orange
Free State respectively :

The questions at issue between Her Majesty's Government
and the Orange Free State having been arranged this day,
as set forth in the Memorandum of Agreement to which this
is attached, —

The Right Honourable the Earl of Carnarvon has proposed
to President Brand, as an additional proof of his good feehng
towards the Orange Free State, and of his desire for its material



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344 ORANGE FREE STATE [1900

prosperity, that if, within five years from this date, the Orange
Free State shall establish a line of railway to connect with the
Natal Railway, or any line of railway which the Cape Colony
may make, then and in such case Her Majesty's Gov^nment
will pay to the Orange Free State the sum of 15,000/. sterling,
without any further condition than that this amount so payable
is to be employed in the construction of the Une of raUway
referred to within the territory of the Orange Free State ;

And President Brand, fully recognising in this offer the
friendly disposition of Her Majesty's Government towards the
Orange Free State, but not feeling himself authorised to decide
in this matter, seeing that the subject of railways rests entirely
with the Volksraad of the Orange Free State, accepts the same
in the spirit in which the Right Honourable the Earl of Car-
narvon has made it, subject to the approval of the Volksraad,
to whom the President will submit the proposal, and obtain
their decision, within three months after nis arrival at Bloem-
fontein, and communicate the same to the Right HonouraUe
the Earl of Carnarvon without delay.

(Signed) Carnarvon.
J. H. Brand.

In the presence of —

(Signed) Donald Currie.
Donoughmore.
Pari. Papers, S. Africa, CO, (42), 1884, p. 108.



Ho. 172. ANNEXATION OF THE ORANGE FREE
STATE. [24 May 1900.!
Proclamation.

Whereas certain territories in South Africa heretofore
known as the Orange Free State, have been conquered by Her
Majesty's Forces, and it has seemed expedient to Her Majesty
that the said territories should be annexed to, and should
henceforth form part of Her Majesty's dominions, and that I
should provisionally, and until Her Majesty's pleasure is more
fully known, be appointed Administrator of tiie said territories
with power to take all such measures and to make and enforce
such laws as I may deem necessary for the peace, order and
good government of the said territories ;

Now, Therefore,

I, Frederick Sleigh, Baron Roberts of Kandahar, K.P. [etc.],
by Her Majesty's command, and in virtue of the power and
authority conferred upon me in that behalf by Her Majesty's
Royal Commission, dated the 21st day of May 1900, and in
accordance with Her Majesty's instructions thereby and other-



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1902] ANNEXATION 345

wise signified to me, do proclaim and make known that, from
and after the publication hereof, the territories known as the
Orange Free State are annexed to and form part of Her Majesty's
dominions, and that, provisionally and until Her Majesty's
pleasure is fully declared, the said territories will be administered
by me with such powers as aforesaid.

Her Majesty is pleased to direct that the new territories
shall henceforth be known as the Orange River Colony.
God Save the Queen.
Given under my hand and seal at the Headquarters of the
Army in South Africa, Camp South of the Vaal River in the
said territories, this 24th day of May in the year of our Lord
1900.

^ Roberts, Field-Marshal, Commanding'

in-Chief Her Majesty's Farces %n
South Africa.
Laws of the O.R£,, 1900-6, p. 291.



No. 178. THE VEREENIGING PEACE TREATY.

[31 May 1902.]

General Lord Kitchener of Khartoum, Commanding-in-
Chief, and His Excellency Lord Milner, High 6)m-
missioner, on behalf of the British Government,

AND

Messrs. S. W. Burger, F. W. Reitz, Louis Botha, J. H. De
La Rey, L. J. Meyer, and J. C. Krogh, acting as the
Government of the South African Republic,

and
Messrs. W. J. C. Brebner, C. R. De Wet, J. B. M. Hertzog,
and C. H. OLrviER, acting as the Grovemment of the
. Orange Free State,

On behalf of their respective Burghers,

Desirous to terminate the present hostilities, agree on the
following Articles :

1. The Burgher Forces in the field will forthwith lay down
their arms, handing over all guns, rifles, and munitions of war,
in their possession or under their control, and desist from
any further resistance to the authority of His Majesty King
Edward vii., whom they recognise as their lawful Sovereign.

The manner and details of this surrender will be arranged
between Lord Kitchener and Commandant-General Botha,
Assistant Conmiandant-General De La Rey, and Chief Com-
mandant De Wet.

2. Burghers in t}ie field outside the limits of the Transvaal

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346 ORANGE FREE STATE [1902

and Orange River Colony, and all prisoners of war at present
outside South Africa, who are burgners, will, on duly declaring
their acceptance of the position of subjects of His Majesty King
Edward vii., be gradually brought back to their homes as soon
as transport can be provided and tiieir means of subsistence
ensured.

3. The burghers so surrendering or so returning will not be
deprived of their personal Uberty , or their property.

4. No proceedings, civil or criminal, will be taken against
any of the burghers so surrendering or so returning for any
acts in connection with the prosecution of the war. The
benefit of this clause will not extend to certain acts contrary
to the usage of war which have been notified by the Com-
mander-in-Chief to the Boer Generals, and which shall be
tried by Court-Martial immediately after the close of hostilities.

5. The Dutch language will be taught in public schools
in the Transvaal and the Orange River Colony where the
parents of the children desire it, and will be allowed in Courts
of Law when necessary for the better and more effectual
administration of justice.

6. The possession of rifles will be allowed in the Transvaal
and Orange River Colony to persons requiring them for their
protection on taking out a licence according to law.

7. Military adimnistration in the Transvaal and Orange
River Colony will at the earUest possible date be succeeded by
civil government, and, as soon as circumstances permit, repre-
sentative institutions, leading up to self-government, will be
introduced.

8. The question of granting the franchise to natives will
not be decided until after the introduction of self-government.

9. No special tax will be imposed on landed property in
the Transvaal and Orange River Colony to defray the expenses
of the war.

10. As soon as conditions permit, a Commission, on which
the local inhabitants will be represented, will be appointed
in each district of the Transvaal and Orange River Colony
under the presidency of a magistrate or other official, for the
purpose of assisting the restoration of the people to tiieir homes
and supplying those who, owing to war losses, are imable to
provide for themselves, with food, shelter, and the necessary
amoimt of seed, stock, implements, etc., indispensable to the
resumption of their normal occupations.

His Majesty's Government will place at the disposal of
these Commissions a sum of three million pounds sterling for
the above purposes, and will allow all notes, issued under
Law No. I of 1900 of the Government of the South Africaii
Republic, and aU receipts given by the officers in the field oi



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1902] VEREENIGING TREATY 347

the late Republics or under their orders, to be presented to a
Judicial Commission, which will be appointed by the Govern-
ment, and if such notes and receipts are found by this Com-
mission to have been duly issued in return for valuable
consideration they will be received by the first-named Com-
missions as evidence of war losses suffered by the persons to
whom they were originally given. In addition to the above-
named free grant of thiee million poimds. His Majesty's
Government will be prepared to make advances as loans for the
same purposes, free of interest for two years, and afterwards
repayable over a period of years with 3 per cent interest.
No foreigner or rebel will be entitled to the benefit of this
clause.

Signed at Pretoria this thirty-first day of May in the Year
of Our Lord One Thousand Nine hundred and Two.
(Signed)

Kitchener of Khartoum. S. W. Burger.

MiLNER. F. W. Reitz.



Louis Botha.

J. H. De La Rey.

L. J. Meyer.

C. Krogh.

R. De Wet.
J. B. M. Hertzog.
W. C. J. Brebner.
C. H. Olivier.

Statute Law of the Transvaal, 1900-6, ii. 445.



i



ORANGE RIVER COLONY : ADMINISTRATION OF
JUSTICE, 1902-1910.

\ynih regard to the administration of justice in the lower courts,
Ord. No. 7 of 1902 (7 Aug.) swept away the district courts of Landdrosts,
of Assistant L^ddrosts, of Landdrosts and Heemraden, and of Assistant
Landdrosts and Heemraden. Courts of Resident Magistrates were
set up, and to tiiese officials fell the jurisdiction, powers and duties of
the Old Landdrosts and their Courts. The Cape model set upin 1828
was followed ; consequently, by Ord. No. 8 of 1902, the new Resident
Magistrates were also empowered to exercise in their respective districts
the powers and functions of Civil Commissioners. The provisions of
Ord. No. 7 of 1902 were repeatedly modified, as e.g. by the Petty Debts
Recovery Ordinance, No. 2 of 1906 ; but the generau plan was main-
tained.

A High Court of Justice for the Orange River Colony was set up at
Bloemfontein by Ord, No. 4 of 1902 (16 July). There were to be two
judges, which number was changed to three by Ord. No. 13 of 1904.
The judges held office during good behaviour. Criminal cases were to
be tried by one judge and a Jury of nine. By the former of these
ordinances appeals in criminal cases from the Superior Comts of the



Online LibraryG.W. EybersSelect constitutional documents illustrating South African history, 1795-1910 → online text (page 44 of 70)