CHAPTER XXXV ENGLAND AND THE TRANSVAAL 233. The Sand River Convention From the Records The far-reaching consequences which threatened to result from the war between England and the Transvaal Republic, the questions in diplomacy and international law which have been raised, seem to justify a departure from the principles hitherto followed in the making of this book. I have therefore given the complete texts of the three important conventions by which the contesting nations sought to justify their respective positions. The first of these treaties is entitled The Sand River Convention, and was made in 1852. Minute of a meeting held on the farm of Mr. P. A. Venter, Sand River, on Friday, the 16th day of January, 1852, between her Majesty's Commissioners, Major W. S. Hogge and C. M. Owen, appointed to settle the affairs of the east and north-east boundaries of the Cape Colony, on the one part; and the following deputies of the emigrant Boers, living north of Vaal River, on the other hand: A. W. J. Pretorius, Comdt.-General; H. S. Lombard, Landdrost; H. F. Joubert, Comdt.-General; G. F. Krieger, Commandant, and twelve others. 1. The Assistant Commissioners guarantee in the fullest manner, on the part of the British Government, to the emigrant farmers beyond the Vaal River, the right to manage their own affairs, and to govern themselves according to their own laws, without any interference on the part of the British Government; and that no encroachment shall be made by the said Government on the territory beyond, to the north of the Vaal River, with the further assurance that the warmest wish of the British Government is to promote peace, free trade, and friendly intercourse with the emigrant farmers now inhabiting, or who may inhabit, that country; it being understood that this system of non-interference is binding upon both parties. 2. Should any misunderstanding hereafter arise as to the true meaning of the words, "The Vaal River," this question, in so far as it regards the line from the source of that river, over to Drakensberg, shall be settled and adjusted by Commissioners chosen by both parties. 3. Her Majesty's Assistant Commissioners hereby disclaim all alliances whatever and with whomsoever of the coloured nations to the north of the Vaal River. 4. It is agreed that no slavery is or shall be permitted or practised in the country to the north of the Vaal River by the emigrant farmers. 5. Mutual facilities and liberty shall be afforded to traders and travellers on both sides of the Vaal River; it being understood that every waggon containing firearms, coming from the south side of the Vaal River, shall produce a certificate signed by a British magistrate, or other functionary, duly authorized to grant such, and which shall state the quantities of such articles contained in said waggon to the nearest magistrate north of the Vaal River, who shall act in the case as the regulations of the emigrant farmers direct. It is agreed that no objections shall be made by any British authority against the emigrant Boers purchasing their supplies of ammunition in any of the British Colonies and possesions of South Africa; it being mutually understood that all trade in ammunition with the native tribes is prohibited, both by the British Government and the emigrant farmers on both sides of the Vaal River. 6. It is agreed that, so far as possible, all criminals and other guilty parties who may fly from justice either way across the Vaal River shall be mutually delivered up, if such should be required; and that the British courts, as well as those of the emigrant farmers, shall be mutually opened to each other for all legitimate processes, and that summonses for witnesses sent either way across the Vaal River shall be backed by the magistrates on each side of the same respectively, to compel the attendance of such witnesses when required. 7. It is agreed that certificates of marriage issued by the proper authorities of the emigrant farmers shall be held valid and sufficient to entitle children of such marriages to receive portions accruing to them in any British colony or possession in South Africa. 8. It is agreed that any and every person now in possession of land, and residing in British territory, shall have free right and power to sell his said property, and remove unmolested across the Vaal River and vice versa; it being distinctly understood that this arrangement does not comprehend criminals or debtors without providing for the payment of their just and lawful debts. (From a copy of the original document.) 234. The Convention of Pretoria From the Records The second treaty between the Transvaal and England was that made at Pretoria in 1881. While the suzerainty of the Queen of England is specifically acknowledged in the Preamble, the rights of England in the Transvaal are definitely limited. Although much of the convention is of minor interest, it has been thought best to give the whole document. Preamble. 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 1. The said territory, to be hereinafter called the Transvaal State, will embrace the land lying between the following boundaries, to wit: [here follows definition of boundaries.] Article 2. 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. Article 3. 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 especially affecting the interest 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 enacted since the annexation have a retrospective effect, so as to invalidate any acts done or liabilities incurred by virtue of such laws. Article 4. On the 8th day of August, 1881, the government of the said state, together with all rights and obligations thereto appertaining, and all state property taken over at the time of annexation, save and except munitions of war, will be handed over to Messrs. Stephanus Johannes Paulus Kruger, Martinus Wessel Pretorius, and Petrus Jacobus Joubert, or the survivor or survivors of them, who will forthwith cause a Volksraad to be elected and convened, and the Volksraad, thus elected and convened, will decide as to the further administration of the government of the said state. Article 5. All sentences passed upon persons who may be convicted of offences contrary to the rules of civilized warfare committed during the recent hostilities will be duly carried out, and no alteration or mitigation of such sentences will be made or allowed by the Government of the Transvaal State without her Majesty's consent conveyed through the British Resident. In case there shall be any prisoners in any of the gaols of the Transvaal State whose respective sentences of imprisonment have been remitted in part by her Majesty's Administrator or other officer administering the Government, such remission will be recognised and acted upon by the future government of the said state. Article 6. Her Majesty's Government will make due compensation for all losses and damage sustained by reason of such acts as are in the 8th Article hereinafter specified, which may have been committed by her Majesty's forces during the recent hostilities, except for such losses or damage as may already have been compensated for, and the Government of the Transvaal State will make due compensation for all losses or damage sustained by reason of such acts as are in the 8th Article hereinafter specified which may have been committed by the people who were in arms against her Majesty during the recent hostilities, except for such losses or damage as may already have been compensated for. Article 7. The decision of all claims for compensation, as in the last preceding Article mentioned, will be referred. to a sub-commission, consisting of the Hon. George Hudson, the Hon. Jacobus Petrus de Wet, and the Hon. John Gilbert Kotzé. In case one or more of such sub-commissioners shall be unable or unwilling to act, the remaining sub-commissioner or sub-commissioners will, after consultation with the Government of the Transvaal State, submit for the approval of her Majesty's High Commissioners the names of one or more persons to be appointed by them to fill the place or places thus vacated. The decision of the said sub-commissioners, or of a majority of them, will be final. The said sub-commissioners will enter upon and perform their duties with all convenient speed. They will, before taking evidence or ordering evidence to be taken in respect of any claim, decide whether such claim can be entertained at all under the rules laid down in the next succeeding Article. In regard to claims which can be so entertained, the sub-commissioners will, in the first instance, afford every facility for an amicable arrangement as to the amount payable in respect of any claim, and only in cases in which there is no reasonable ground for believing that an immediate amicable arrangement can be arrived at will they take evidence or order evidence to be taken. For the purpose of taking evidence and reporting thereon, the sub-commissioners may appoint deputies, who will, without delay, submit records of the evidence and their reports to the sub-commissioners. The sub-commissioners will arrange their sittings and the sittings of their deputies in such a manner as to afford the earliest convenience to the parties concerned and their witnesses. In no case will costs be allowed to either side, other than the actual and reasonable expenses of witnesses whose evidence is certified by the sub-commissioners to have been necessary. Interest will not run on the amount of any claim, except as is hereinafter provided for. The said sub-commissioners will forthwith, after deciding upon any claim, announce their decision to the Government against which the award is made and to the claimant. The amount of remuneration payable to the sub-commissioners and their deputies will be determined by the High Commissioners. After all the claims have been decided upon, the British Government and the Government of the Transvaal State will pay proportionate shares of the said |