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llarbarlJ (!tollege I.tbra~GIFr OF. Archibald Cary Coolidge: Ph.D.(ClaN of J887)PROFKSSOR OF HISTORY


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o4-DAMAN TIA.·QI:bt QI:tutb abaut tbt .$autb !ftitanm ia manb fitlbs:OR,A VINDIOATION OF TlIlI BlGRr OF mB ORANG. FBRB STATB TO TRATTBJmITORY, AND AN ANALYSIS OF BBlTISR DIPLOlUOY ANDAOORBdSION WHlOU: RAS RESULTED IN rrs ILLEGALSBIZUU BY TRE GOVERNOR OF TlIlIOAPli OF GOOD KOPILBYOAPrAIN AUGUSTUS F. pNDLEY,.1I'IlIOB 0. "2.U fiB'e TID: infO.: TO IlDlTOBr O. DB <strong>or</strong>.t.JPIlrQ BBVOL1ITIO_ I .."TIDIODOU'. 0"';" .. ~ U)G 0. '1' •• 'naru.&·;'" .'10., aTO., am •.. WHEN THE T~UE NOTION OF JUSTIC& BECOMES OBSCUllED. MATEIUAL FOR.CETAKES THE PLACE 0, II.IGHT."-PiIu IX •.. AMITTIT M~TO P~OPII.IUM QUI ALIENUM ADPETIT."-PAa«lnu.a@LONDON:W. H. & L. OOLLINGRID~E, ALDEBaGATE STREET, E.O.---1873.Digitized by Goog Ie


1.0lIII0.:ftIIftIID _ W. ~ UD L. ClOJ.LIIIGIIIDIJ .. .UDIIIIIIG&!'II ~ .. 0.•iI. ~Digitized by Goog Ie


PREFACE .•THIS is a book with a purpose. Its object is to inf<strong>or</strong>m <strong>the</strong>British Parliament and <strong>the</strong> British publio how <strong>the</strong>ir Governmenthas robbed <strong>the</strong> Orange Free State (one of <strong>the</strong> two <strong>South</strong>I<strong>African</strong> Republics) of its <strong>diamond</strong> <strong>fields</strong>.AP. <strong>the</strong> <strong>truth</strong>-and especially <strong>the</strong> <strong>truth</strong> in political aft'airs-isIr seldom palatable, I may expect to receive a certain amount ofabuse;but I have faith in th.e strong sentiment of justice and" f'a.ir-play " which, it is to be hoped, still pervades <strong>the</strong> nationaloha.ra.oter, and so look f<strong>or</strong>ward with confidence to obtain <strong>the</strong>approva.l of many who may venture to read <strong>the</strong> following pages.I Ay, even m<strong>or</strong>e. I have <strong>the</strong> temerity to hope that <strong>the</strong> book• may do some good-that it may help, in however small a way,to bring <strong>about</strong> <strong>the</strong> rectification of <strong>the</strong> great wrong it is its objectto explain; f<strong>or</strong> surely <strong>the</strong> asserted decline of England cannothave progressed so far as to make preposterous <strong>the</strong> expeota.tionthat, whatever case may be submitted to <strong>the</strong> British Parliamentand people, justice will be rendered in spite of <strong>the</strong> Administraftion whose policy, as in this matter, has been'illegal, unrighteous,and dishonoumble.During two years I have resided within <strong>the</strong> plunderedterrit<strong>or</strong>y, and having attentively observed <strong>the</strong> 'progress ofpolitical events, having all <strong>the</strong> time oarefully studied <strong>the</strong> meritsof <strong>the</strong> case, my impressions as to <strong>the</strong> manner in whioh <strong>the</strong>Orange Free State has been treated and wronged by <strong>the</strong> BritishGovernment, and espeoially by <strong>the</strong> late " irresponsible" Governmentof <strong>the</strong> Cape of Good Hope, and Govern<strong>or</strong>s Hay and Sir,.'Digitized by Goog Ie


IV ·PREFACE.H. Barkly, are naturally very vivid. If, in consequenoe, I maysometimes make use of expressions m<strong>or</strong>e f<strong>or</strong>cible than moderate,<strong>or</strong> occasionally display a too intemperate zeal, I can only trustthat this explanation, a.nd <strong>the</strong> fact that my eft'<strong>or</strong>t is solely f<strong>or</strong><strong>the</strong> cause of justioe and England's honour, may be deemed myIexouse.Of course, if <strong>the</strong> s<strong>or</strong>t of patriotism expressed by <strong>the</strong> Y weetoast--" To our country; may she always be right, but, right<strong>or</strong> wrong, our country "-be virtuous, <strong>the</strong>n are my sentimentsimm<strong>or</strong>al. But I have yet to learn that it is nobler f<strong>or</strong> a. manto approve and gl<strong>or</strong>y in his country's evil deeds than to feelindignant at <strong>the</strong>m.As an Englishman, I am jealous of England's honour and.pre8tige, and rank myself with those who hate to see her peopleblindly dragged into a petty, cowardly, and unw<strong>or</strong>thy policy.I do not like to know how tim<strong>or</strong>ously, hastily, eagerly even, <strong>the</strong>Alabama Claims were oonoeded; whilst, at <strong>the</strong> o<strong>the</strong>r side of <strong>the</strong>w<strong>or</strong>ld, <strong>the</strong> po<strong>or</strong> little Orange Free State was, at <strong>the</strong> very sametime, so arrogantly bullied, so outrageously maltreated. It haswell been said that hist<strong>or</strong>y repeats itself; and, eerte8, <strong>the</strong>re isone lesson it may well teach in no faltering <strong>or</strong> unoertain tonethatwhen, like ancient Rome, a great nation thinks only of itsluxuries, of buying oft' its enemies, and oppressing <strong>the</strong> veryweakest of its neighbours, it has already commenced to decline,to fall from its high estate, and to tread <strong>the</strong> downward pathwhereon <strong>the</strong> same principle-that of <strong>the</strong> sw<strong>or</strong>d-by whioh itrose, will, in turn, be most ruthlessly applied to itself. Whe<strong>the</strong>rthis be <strong>the</strong> result of a divine and active retributive justice, <strong>or</strong><strong>the</strong> regular sequence of mere natural causes, has yet to beproved; but <strong>the</strong> result is assuredly one of <strong>the</strong> plainest of hist<strong>or</strong>icalfacts.This is <strong>the</strong> <strong>the</strong>sis of <strong>the</strong> following w<strong>or</strong>k.Immediately (in 1869) <strong>the</strong> fact became established that<strong>diamond</strong>s -existed on <strong>the</strong> banks, and to <strong>the</strong> south, of <strong>the</strong> VaalRiver, <strong>the</strong> Colonial Government at <strong>the</strong> Cape of Good Hope,aided and supp<strong>or</strong>ted by sundry private individuals, entered intoa seifish, illegal, and dishonourable combination to wrest <strong>the</strong><strong>diamond</strong> <strong>fields</strong> from its rightful owner, <strong>the</strong> Free State. TheDigitized by Goog Ie


PREFACE.vmotives of some of <strong>the</strong> conspirat<strong>or</strong>s were undoubtedly merelypersonal and mercenary-to gain land, money, <strong>diamond</strong>s, fatoffices, and extensive revenue; some were also inspired withhatred and jealousy (known to,exist in certain Colonial circles)of <strong>the</strong> thriving Free State; o<strong>the</strong>rs, probably including <strong>the</strong>several Govern<strong>or</strong>s mixed up in <strong>the</strong> affair, no doubt acted, atfirst, in g90d faith: but, ign<strong>or</strong>ant of <strong>the</strong> merits of <strong>the</strong> case,were deceived and misled by <strong>the</strong>ir advise1'8 and coadjut<strong>or</strong>s.I shall fur<strong>the</strong>r maintain that gr088 misrepre8entation and fals.et>idence has been persistently supplied to <strong>the</strong> British Governmentby <strong>the</strong> late Colonial Administration, <strong>the</strong> last and presentGovern<strong>or</strong>. That f<strong>or</strong> many years <strong>the</strong> territ<strong>or</strong>y including <strong>the</strong><strong>diamond</strong> <strong>fields</strong> has been de facto and de jure part of <strong>the</strong> OrangeFree State, by right of occupation and settlement, by right ofpurchase from <strong>or</strong>iginal native owners, and by right of titleactually transferred to it by <strong>the</strong> British Government in 1854 !That <strong>the</strong> petty Griqua Chief, Waterboer, ostensibly f<strong>or</strong> andthrough whom <strong>the</strong> Govern<strong>or</strong> of <strong>the</strong> Cape (Sir H. Darkly) seized<strong>the</strong> <strong>diamond</strong> <strong>fields</strong>, has not and netJer did luwe any right <strong>or</strong> titlewhatsoever. M<strong>or</strong>eovlU', I shall show that, upon <strong>the</strong> strength ofthis trumped-up claim, <strong>the</strong> British Colonial auth<strong>or</strong>ities absolutelydared, pendente lite, by perpetrating a hostile invasion by armedf<strong>or</strong>ce in time of profound peace, to enter, seize upon (inNoven:tber, 1871), and ever since hold possession of a largetract of <strong>the</strong> Orange Free State (including <strong>the</strong> <strong>diamond</strong> <strong>fields</strong>) ;so that <strong>the</strong>y were determined to have <strong>the</strong> precious stones andwhatever emoluments might ensue in <strong>the</strong> way of land, revenue,and offices, even although it had not .been proved that <strong>the</strong>irolaimant, puppet, mali of straw, was entitled to <strong>the</strong> land,although it might eventually appear that it really belongedto its actual possess<strong>or</strong>, <strong>the</strong> Free State, and although <strong>the</strong>irevery act might be nei<strong>the</strong>r m<strong>or</strong>e n<strong>or</strong> lese than illegal invasionand enjoyment-in o<strong>the</strong>r w<strong>or</strong>ds, legal brigandage, filibusteringlAbove all, I shall prove beyond question that, whereasGovern<strong>or</strong> Sir H. Barkly was solely auth<strong>or</strong>ized by <strong>the</strong> ImperialGovernment to proclaim and annex <strong>the</strong> <strong>diamond</strong> <strong>fields</strong>, <strong>or</strong> <strong>the</strong>so-called" Griqualand West," "to <strong>the</strong> Oape Oolony," by and withDigitized by GooS Ie


viPREFACE.f'tM coment oj tM Oape Parliament," after tM pauing oj a"f<strong>or</strong>mal Act" f<strong>or</strong> that purpose, and that he 8hould <strong>the</strong>n onlyanneal such territ<strong>or</strong>y a8 "really belonged" to Waterboer, heactually had <strong>the</strong> temerity to seize and f<strong>or</strong>cibly take possessionof part of tM Free State, in direct violation of those distinctconditions and commands in his coinm.ission! The Cape 'Parliamentpositively refused its assent to any suoh :scheme, and <strong>the</strong>Government bill to a.ocomplish <strong>the</strong> above conditions, bymaking <strong>the</strong> filibustering and unwarrantable seizure of<strong>the</strong> territ<strong>or</strong>y in advance a legal act, having been finally repudiatedand withdrawn in <strong>the</strong> Cape Parliament on <strong>the</strong> 7thof June, IK72. •From all oharges, a.ocusations, and censures upon <strong>the</strong> policyand tra.i:tsa.otions in question, I must specially exempt <strong>the</strong> newly-: pIIllIelected responsible Government of <strong>the</strong> Cape, also <strong>the</strong> Parliament oC 1and people of <strong>the</strong> Colony.ID.~That <strong>the</strong> British people and Parliamentary representatives ' Jare unaware of <strong>the</strong>se transactions, I am confident. That <strong>the</strong> Grinarration may help to exoite <strong>the</strong>ir indignation, amazement, andrepudiation of <strong>the</strong> unrighteous acts, toge<strong>the</strong>r With, possibly,compensation to <strong>the</strong> wronged and injured state, I most sincerelytrust., I ha.ve taken <strong>the</strong> adverse view ,of Waterboer's case and <strong>the</strong>motives of his interested supp<strong>or</strong>ters because <strong>the</strong>re did not existany o<strong>the</strong>r course f<strong>or</strong> <strong>the</strong> sane and veracious hist<strong>or</strong>ian; because adefence would be <strong>the</strong> supp<strong>or</strong>t of fraud, peIjury, and brigandage;and because, above all, it is my firm and conscientious conviotionthat right in toto is on <strong>the</strong> side of <strong>the</strong> Orange FreeState, to whose cause, <strong>the</strong>ref<strong>or</strong>e, I have devoted my time andlabour.From a controversy I have lately had with <strong>the</strong> Standard and'Mr. R. N. Fowler, M.P., it seems tha.t <strong>the</strong>re actually exists asmall party of politicians who defend <strong>the</strong> illegal and dishonourableacts of Govern<strong>or</strong> Barkly, Her Majesty's, and <strong>the</strong> late CapeGovernments in this matter, upon <strong>the</strong> plea, f<strong>or</strong>sooth, that <strong>the</strong>Free State has badly treated <strong>the</strong> native tribes around it-hasnot fulfilled'to <strong>the</strong> letter <strong>the</strong> Shibboleth of fanatical Exeter Hallnegrophiles !In18j2FreE'baaIfigland'ma:heeC!1e1LPill]de!;,Llwb~fit,thI""Digitized by Goog Ie


PREFACE.In a letter which appeved in <strong>the</strong> Standtwd of December 14th,1872, Mr. R. N. Fowler, M.P., chose to assert that <strong>the</strong> OrangeFree State.. baa violated f1VfJf7 principle of justice in ita det.1iDp with it.neighbolU'll ; "and offered to.. maintain that <strong>the</strong> conduct of that state has f<strong>or</strong>ced on L<strong>or</strong>d Kim'berley<strong>the</strong> duty of protecting <strong>the</strong> feeble tribes which have 81dFered from <strong>the</strong>ironcel agyreaioM."In <strong>the</strong> Standard of December 18th I ohallenged Mr. Fowlerto prove his w<strong>or</strong>ds; denying <strong>the</strong>m, meanwhile, as utterly unfoundedboth in letter and in spirit. Very prudently, he doolined<strong>the</strong> challenge, refused to make good his accusations, upon <strong>the</strong>plea. that he would not enter into a controversy in <strong>the</strong> columnsof <strong>the</strong> Standard, although he had 6.rst used those columns as amedium to dissemina.te his ca.lumnious assertions.AI. far as Mr. Fowler'slogio may be applied to Waterboer'sGriquas, and <strong>the</strong> seizure of <strong>the</strong> <strong>diamond</strong> <strong>fields</strong>, <strong>the</strong> followingpages will perhaps dispose of <strong>the</strong> matter.By some ins<strong>or</strong>utable process of ratiocination Mr. R. N. FowlerI declares that, because of <strong>the</strong> Free State dealings with <strong>the</strong> BtUlutoB,, L<strong>or</strong>d Kimberley was f<strong>or</strong>ced to protect <strong>the</strong> GriqUtUl (a course bywhioh <strong>the</strong> Free State has been shamefully robbed, and <strong>the</strong>treaty with that State ~ been deliberately violated). In <strong>the</strong>first place, <strong>the</strong> Basuto question has nothing at all to do with<strong>the</strong> case, n<strong>or</strong> has Earl Kimberley used it as his justification.Secondly, Mr. Fowler's premises are utterly false. He evadedmy cha.llenge, but yet professed his willingness to maintain hisposition in <strong>the</strong> House. I am quite prepared, and shall be happyto supply any member of Parliament with ample offioial evidenceto refute his ca.lumnious allegation,-tha.t <strong>the</strong> Free State hasperpetrated "<strong>or</strong>uel aggressions" upon <strong>the</strong> Basutos and oerta.inI "feeble tribes." Suoh an accusation is sufficient proof of Mr.Fowler's profound ign<strong>or</strong>ance, not only of <strong>the</strong> hist<strong>or</strong>y of <strong>the</strong>Orange Free State, but of <strong>the</strong> Basutos, o<strong>the</strong>r Kafir, and Griqua.tribes of <strong>South</strong> Africa. It is evident that, from his own innerconsciousness, Mr. Fowler has evolved <strong>the</strong>" noble savage," <strong>the</strong>Basutos; and that his erroneous conclusions are very far indeedvii..Digitized by Goog Ie


viiiPREFACE.from being deduced from nature and experience. Well has a.publio writer lately observed-.. An intentional falsehood generally defeats itself, and its miachiefis confined . . . Inaccuracy and ita brood of evila reach much fur<strong>the</strong>r ;f<strong>or</strong> inaccuracy, in <strong>the</strong> grea.t maj<strong>or</strong>ity of cases, <strong>or</strong>iginates not in an in·tellectual, but a m<strong>or</strong>al, habit, and may be a concession to prejudice <strong>or</strong>bias-em U'MORIciouB ddermittanoo to IN Ui.ingl, ROt at t1wrI ar., but asi~ wouldfainfa'kioa th.em."I have several times visited <strong>South</strong> Africa, have spent someyears in travelling amongst and writing upon its various Statesand native tribes, and <strong>the</strong> above is <strong>the</strong> most oharitable constructionI can put upon Mr. Fowler's extreme ine.oouraci.es.To all in <strong>the</strong> slightest degree acquainted. with <strong>South</strong> <strong>African</strong>afFairs, it is a not<strong>or</strong>ious fact that <strong>the</strong> Basutos always have beenmost dangerous neighbours, perhaps <strong>the</strong> greatest robbers,murderers, and marauders of all <strong>the</strong> Ka.fir tribes, denounced in1851 by Govern<strong>or</strong> Sir Harry Smith as " <strong>the</strong> most merciless andirreclaimable savages," when hostilities broke out; whilst, in1853, Govern<strong>or</strong> Sir Ge<strong>or</strong>ge Cathcart, <strong>the</strong>n on his march toattack <strong>the</strong> Basutos again, aptly described. <strong>the</strong>m as " a nation ofthieves." All <strong>the</strong> surrounding native tribes, Natal, <strong>the</strong> CapeColony, <strong>the</strong> Orange River Sovereignty, and latterly, <strong>the</strong> Orange.Free State, have suft'ered from <strong>the</strong> raids and aggreBSions of <strong>the</strong>Basutos, and all have been frequently driven to take up arms inself-defence. Indeed, from <strong>the</strong> Blue Boob on <strong>the</strong> subject (1850to 18(5), it appears plain enough that <strong>the</strong> expenses and troublescaused by <strong>the</strong> Basutos, and which culminated. in <strong>the</strong> war of1853, were really <strong>the</strong> reasons which induced. <strong>the</strong> British Governmentto abandon <strong>the</strong> Orange River Sovereignty, and abandonalso, to <strong>the</strong> tender mercies of <strong>the</strong> Basuto barbarians, <strong>the</strong> whitesettlers, whom <strong>the</strong>y were accustomed to butcher and plunder &8<strong>the</strong>ir legitimate prey. The obliquity of mental vision by whichMr. R. N. Fowler has mistaken <strong>the</strong> peaceful, past<strong>or</strong>al, industriousinhabitants of <strong>the</strong> Free State, f<strong>or</strong> <strong>the</strong> perpetrat<strong>or</strong>s of those" cruel agreSBions" upon "feeble tribes," and every one elsewho ever came within <strong>the</strong>ir reach-<strong>the</strong> sanguinary and maraudingBusutos-really constitutes a most remarkable and abn<strong>or</strong>malpsychological phenomenon. My object in noticing Mr. Fowler'sDigitized by Goog Ie


unaupp<strong>or</strong>ted tp86 diteit and private opinion is simply, in advance,to dispute any such absurd defence of <strong>the</strong> policy pUl'8Ued byEarl Kimberley and his colleagues towards <strong>the</strong> Free State.It will, no doubt, be asked by many, Wha.t does Engla.ndgain by <strong>the</strong> robbery of <strong>the</strong> <strong>diamond</strong> <strong>fields</strong> P Nothing, I ventureto reply, but dishonour, obloquy, and hatred; lOBS of preBtigeand respect in ons of those Colonial centres where a course ofwise, just, and honourable PQlicy would ensure an early confederationof States to <strong>the</strong> future strength, gl<strong>or</strong>y, and perpetuityof <strong>the</strong> British Empire. The policy of wronging <strong>the</strong> twoindependent <strong>South</strong> <strong>African</strong> States alienates thousands of whitecolonists, and inspires thousands m<strong>or</strong>e with detestation f<strong>or</strong> suchmeim, incapable statecraft; yet it is in <strong>the</strong> great extent, and<strong>the</strong> prosperity, sympathy, of her colonies that England shouldpossess a m<strong>or</strong>e powerful element of longevity than ever nationdid bef<strong>or</strong>e; whilst a policy of propitiation and conBolidation ofthose colonies should insure her, 8.8 it were, a.ga.inst <strong>the</strong> decaywhich has ever overtaken <strong>the</strong> great powers of <strong>the</strong> pa.st.The expense of trying to govern <strong>the</strong> <strong>diamond</strong> <strong>fields</strong> abs<strong>or</strong>bswhatever rev~nue is derived from <strong>the</strong>m. The <strong>diamond</strong>s, too,are becoming exhausted, and it may not be long bef<strong>or</strong>e <strong>the</strong>migrat<strong>or</strong>y digging po:eulation retires to whence it oa.m.e, leavingonly <strong>the</strong> barren plains of <strong>Adamantia</strong>., and Waterboer's two.hundred semi-savages, as this last proposed appanage of <strong>the</strong>British crown. Meanwhile, arbitration and compensation loomominously near at hand.In concluding this introduction, I would point out, as " fairplay " has long been appropriated as <strong>the</strong> national characteristicof Englishmen, and as <strong>the</strong>y have agreed to pay three millionsand a half in <strong>the</strong> Alabama case, through-what P-superfluousgenerosity'<strong>or</strong> fear P-that <strong>the</strong>y should now, from motives offair play and justice, after rest<strong>or</strong>ing to <strong>the</strong> Orange Free State<strong>the</strong> land of which it has been plundered, pay to it a prop<strong>or</strong>tionateand equitable money compensation.. The eff<strong>or</strong>ts of Sir H. Barkly and his late irresponsibleGovernment having failed to secure <strong>the</strong> annexation of <strong>the</strong><strong>diamond</strong> <strong>fields</strong> to <strong>the</strong> Cape, <strong>the</strong>ir latest scheme to retain thatterrit<strong>or</strong>y has taken <strong>the</strong> f<strong>or</strong>m of an attempt to induce herDigitized by Goog Ie


xPREFA.CE.Majesty's Government to declare it a new and distinct CrownOolony; whilst arbitration is in course of negotiation; bef<strong>or</strong>e itis known <strong>or</strong> proved that <strong>the</strong> land does not belong to <strong>the</strong> FreeState, but to Waterboer, upon <strong>the</strong> sole auth<strong>or</strong>ity of whoseconcession of that which he never poeeessed it has been seizedupon vi et armis IAgainst <strong>the</strong> approval <strong>or</strong> ratification of this proposed Aet . Iwould presume especially to warn <strong>the</strong> British Parliament andpeople, as it would be illegal and unjust, in <strong>the</strong> highest sensedegrading to a great nation, and would 8.l!8uredly prove a prolifioca.use of serious future troubles, arbitrations, and compensation.Some may disapprove <strong>the</strong> animadversions p8.l!8ed in pI!Unterms upon sundry officials in <strong>the</strong> following pages; <strong>the</strong>y maynot like <strong>the</strong> book, but <strong>the</strong>n, never<strong>the</strong>less, I boldly venture toaffirm, it is true.AUGUSTUS F. LINDLEY.FelJruary 3rd, 1873.3, LLoYD SQUARE,' LonON, W.O.Digitized by Goog Ie .


CONTENTS ..•OHAPTER I.Early Hist<strong>or</strong>y.-Settlement of K<strong>or</strong>ma.s and Ka.firsPAOK.I0IIA.PrER II.Early Hist<strong>or</strong>y continued.-Settlement of <strong>the</strong> Griquas, andDutch, <strong>or</strong> Emigrant Fa.rmers .• 16OHAPTER ill.British Intervention N<strong>or</strong>th of <strong>the</strong> Orange River; Oreation ofan Orange River Sovereignty; its Abandonment; Origin of<strong>the</strong> Orange Free State •• 40OHAPTER IV.Anti-boer Policy of <strong>the</strong> English and Oolonial Governments.­Progress of Political Events in <strong>the</strong> Free State.-W aterboer'sFirst and Only Territ<strong>or</strong>y <strong>South</strong> of <strong>the</strong> Vaal 69OHAPTER V.Sale of <strong>the</strong> Oampbell Lands and Remaining Pl)rtions of AdamKok's Territ<strong>or</strong>y to <strong>the</strong> Orange Free State; Hegira of <strong>the</strong>Sou<strong>the</strong>rn Griquas 87Digitized by Goog Ie


xiiCONTENTS.CHAPI'ER VI.Ooncerning Waterboer's and <strong>the</strong> Free State's Claims to <strong>the</strong>Campbell Lands, 1863-70, inc1u4ing <strong>the</strong> lC Meeting atNooitgedacht" of <strong>the</strong> Griqua and Free State Governments •• 104CHAPTER VII.Analysis ot <strong>the</strong> Oral Evidence Adduced at <strong>the</strong> Meeting atN ooitgedacht, by <strong>the</strong> Government of <strong>the</strong> Orange Free State 119CHAPTER VIII.Analysis of <strong>the</strong> Documentary Evidence Produced by Waterboer,at <strong>the</strong> Meeting at Nooitgedacht, in Supp<strong>or</strong>t of hisClaim to <strong>the</strong> f<strong>or</strong>mer Territ<strong>or</strong>y of <strong>the</strong> late O<strong>or</strong>nelius Kok •• 152CHAPl'ER IX.Analysis of <strong>the</strong> Documentary Evidence Produced by Waterboer,at <strong>the</strong> Meeting at Nooitgedacht, in supp<strong>or</strong>t of hisClaim to <strong>the</strong> f<strong>or</strong>mer Territ<strong>or</strong>y of <strong>the</strong> late O<strong>or</strong>nelius Kok,continued •. 170OHAPTER X.- ,Documentary Evidence produced by <strong>the</strong> Government ot <strong>the</strong>Orange Free State, at <strong>the</strong> Meeting at Nooitgedacht, in proofof <strong>the</strong>ir Right to <strong>Adamantia</strong> •• •• 200CHAPTER XI.The Government of <strong>the</strong> Cape of Good Hope takes part withWaterboer, end<strong>or</strong>ses his Claims, and Supp<strong>or</strong>ts his Caseagainst <strong>the</strong> Orange Free State .• 233CHAPTER XII.Analysis of <strong>the</strong> False Evidence by which <strong>the</strong> late OolonialGovernment sought- to Justify its Supp<strong>or</strong>t of Water'boer,its Designs on <strong>the</strong> Diamond Fields, and ita Violation of <strong>the</strong>Rights and Territ<strong>or</strong>y of <strong>the</strong> Orange Free State .. 258Digitized by Goog Ie


CONTENTS.XUIOHAPTER XIII.Progress of <strong>the</strong> Oolonial Government's Scheme to Annex: <strong>the</strong>Diamond Fields belonging to <strong>the</strong> Qrange Free State j andAnalysis of <strong>the</strong> False Evidence on whioh that Governmentacted. .. 286OHAPTER XIV.Consummation of <strong>the</strong> Colonial Government's BcLeme, Invasionof <strong>the</strong> Free State, and F<strong>or</strong>cible Seizure of <strong>the</strong> DiamondFields.-The Oape Parliament repudiate and reject <strong>the</strong>Annexation: <strong>the</strong> Govern<strong>or</strong>'s consequent Plot to make <strong>the</strong>Oaptured Territ<strong>or</strong>y a Qrown Oolony .. .. 812OHAPTER XV.A Review of <strong>the</strong> Offioial O<strong>or</strong>respondence between <strong>the</strong> British,Oape, and Free State Governments respeoting <strong>the</strong> arbitra.tionoffered to <strong>the</strong> latter in <strong>the</strong> matter of its right to <strong>the</strong> Oampbelllands and <strong>South</strong> <strong>Adamantia</strong> •. 849CHAPTER XVI.The Line from Ramah, tmt David's Graf, to Platberg, and howit has been tampered with, altered, and perverted, by SirH. Barkly and his Oolleagues, in <strong>or</strong>der to obtain possessionof <strong>the</strong> famous "Dry Diggings." Unpopularity of SirH. Barklts Government at <strong>the</strong> <strong>diamond</strong> <strong>fields</strong> .• 398Digitized by Goog Ie


•ERRATA •Pago .. Uua19. ., uatocb" •,~.t90. Jut u.e. " f'oUam" .. ""tn."18, head IiIle, If "Griq." .. "QriqUA"48, Une 9, f<strong>or</strong> .. boers. <strong>the</strong>," read .. <strong>the</strong> IIH","86, JutUue, " "juaitfloa.tloB" II ";~".. 163, Uueso, .. lithia II .. U··.. 908. 90, .. "from" .. "oj".. ·1115," lit, " "1'." ,·Pa......1115, ., M, delete , "" Ml, 8 (right oolumu), " .. n<strong>or</strong>" .. "wot U0' MI, 1O, .,"to"" " "<strong>or</strong>".. 186. .. 18, " II clistrfot~. .,1 clUtrictu..,..,.. .... .. .. 811, It" gt'Ye"880, "11, II If drompt1y .."" " promoptly"Digitized by Goog Ie


MAPS AND DIAGRAMS .•., Diagram. A, Map of " <strong>Adamantia</strong>"'!O PAClI PAOB •1.."""""""B, Adam Kok's Boundaries (1846)0, The Vetberg Line (1855) •.D, Territ<strong>or</strong>y claimed f<strong>or</strong> Waterboer, and f<strong>or</strong>ciblywrested from <strong>the</strong> Orange Free State by SirH. Barkly, Govern<strong>or</strong> of <strong>the</strong> Cape •. 327E, Territ<strong>or</strong>y allotted to David Dantzer and o<strong>the</strong>rpetty Chiefs, between Pniel and Platberg, bySir Harry Smith (1849-52) •• 335F, Mr. De Villiers' Survey of <strong>the</strong> ~e from Ramaht7Ut David's Graf' to Platberg, seized as Waterboer'sby Sir H. Barkly • • .. 393G, Mr. Gao. Gilfillan's Survey of <strong>the</strong> Line from Ramahwid David's Graf'to Platberg (1871) •• •• 397H, Mr. Francis H. Orpen's Survey<strong>or</strong> ditto (1872) •• 39983Digitized by Goog Ie


ADAMANTIA.EARLY HIsTORY.CHAPTER I.SETTLEMENT OF KORANAS AND KAFms.Alf AlfOlDT Tmm.A. lNooGMTA..-IT strDDBl.'l'LY BBOOJDS F.AX0118-THE OA.USE BEmG THE DISCOVERY 01' DLucOlfDS.-ExTDT OJ!'TImDuxOlfD FIELDS.-POSSE88IO. DISPUTED.-ToPOGRAPHY 01' TBiTEmuToRY m DISPUTB.-PHYsIOAL FEATUB.E8 TlmREol'.-Bu8HlIDTlmABOBIGINBS.-ADAKAIfTIAOTBDWISEU.I1m.UIlTBDWlIBlIr'PIB8T XlfOWli.-INOURSIO •• OF KoJlA.B'A.I.Alm HoT'l'BNTOTS.-TmoROBIGm.-THE BBST 0L.ux TO TIm DISPUTED TmmlToRT.-ST.6.DlIDT01' TIm KOllANA. PA.llA.l(Ol1I(T emu, MA.lsA.u BurTA.A.IBOSOH.-P:ao1'EBT 01' TIm emu A.lfD me OoWOILLOIt8.­I>EcLu.A.TIO. 01' PRINCIPAL BAROLO.G A.lfD B..6.TLAPDG KAl!':memus IN S'OPl'ORT.THERE exists, far in <strong>the</strong> interi<strong>or</strong> of Central <strong>South</strong>Africa, some seven hundred miles from <strong>the</strong> sea, a largetract of land, which, from <strong>the</strong> mists of an obscurity asold as its creation-from an utterly unknown andinsignificant existence during those thousands of years-has suddenly become famous. Into such fame,indeed, has this erstwhile veritable terra incognitaarisen, that now, during <strong>the</strong> space of three sh<strong>or</strong>t years,<strong>the</strong> wondrous st<strong>or</strong>ies which are told of it-and whichread m<strong>or</strong>e like ola-w<strong>or</strong>ld fables, <strong>or</strong> tales from <strong>the</strong>Araiza" Night8, ra<strong>the</strong>r than rec<strong>or</strong>ds of <strong>the</strong>se matter-of-B• Digitized by Goog Ie


2 ID"FECT OF DIAMOND DISCOVERY.fact modem days-have been bruited abroad to everypoint of <strong>the</strong> compass, and have been wafted to even<strong>the</strong> uttermost ends of <strong>the</strong> earth .. Where, less than half a decade ago, an almost unbrokensolitude prevailed, a great population has appeared,as if by magic. Those silent, desolate wastes,untrodden, in <strong>the</strong> past, save at verY.rare and diotantintervals by some wretched, wandering bushman,scarcely m<strong>or</strong>e akin to humanity than <strong>the</strong> great herdsof wild animals around him, and which only soughtsuch arid plains whilst fleeing from an even m<strong>or</strong>eburning drought still fur<strong>the</strong>r in <strong>the</strong> interi<strong>or</strong>, now echoincessantly <strong>the</strong> noise of a great multitude. And where,at a few widely-separated spots, along <strong>the</strong> courses of<strong>the</strong> far-apart rivers, <strong>or</strong> at <strong>the</strong> occasional fountains,could be f<strong>or</strong>merly found an utterly is~lated Dutchhoer, <strong>or</strong> farmer; <strong>the</strong>re now exists <strong>the</strong> greatest population,<strong>the</strong> greatest ga<strong>the</strong>ring of both whites and blacksin <strong>South</strong> Africa!The region which has experienced this sudden andstupendous change is, however, none o<strong>the</strong>r than thatknown as <strong>Adamantia</strong>, <strong>or</strong> <strong>the</strong> <strong>South</strong> <strong>African</strong> DiamondFields.The w<strong>or</strong>ship of Mammon, <strong>the</strong> almost univetsal passionf<strong>or</strong> wealth,-especially f<strong>or</strong> riches to be rapidlyobtained-explains <strong>the</strong> seeming miracle very easily andsatisfact<strong>or</strong>ily.Just as thousands flocked to <strong>the</strong> gold <strong>fields</strong> of Calif<strong>or</strong>niaand Australia, 80 fled <strong>the</strong>y to <strong>the</strong> desert spot inCentral <strong>South</strong> Africa, where <strong>the</strong> glittering <strong>diamond</strong>was to be obtained in unusual quantities f<strong>or</strong> <strong>the</strong>seeking.Extending f<strong>or</strong> many miles (at least two hundred asDigitized by Goog Ie


EXTENT OF THE DIAKOND FIELDS. 3positively known to contain <strong>diamond</strong>s) along <strong>the</strong> Vaalriver, upward, from its junction with <strong>South</strong> Africa'slargest river, <strong>the</strong> Orange, this territ<strong>or</strong>y stretches alongboth banks of <strong>the</strong> f<strong>or</strong>mer. Its extent to <strong>the</strong> n<strong>or</strong>th, <strong>or</strong>,m<strong>or</strong>e accurately, n<strong>or</strong>th-west of <strong>the</strong> VaaJ, is very limitedat present, and mostly confined to <strong>the</strong> immediatevicinity of <strong>the</strong> river; but n,othing is yet known as to<strong>the</strong> character and value of <strong>the</strong> ground even twentymiles away. Thirty miles south of <strong>the</strong> Vaal are <strong>the</strong>famous "dry diggings," in four separate ~pots, f<strong>or</strong>minga cluster pretty close toge<strong>the</strong>r, within a mile <strong>or</strong> so ofeach o<strong>the</strong>r.No sooner had <strong>the</strong> fact that <strong>diamond</strong>s existed in<strong>the</strong>se parts become established than two rival claimantssuddenly appeared in <strong>the</strong> field to dispute <strong>the</strong> ownershipof <strong>the</strong> hi<strong>the</strong>rto.-despised and ever-neglected ground.What had always been of as little imp<strong>or</strong>tance to <strong>the</strong>w<strong>or</strong>ld, in general, and <strong>the</strong> nearest states in particular,as if it had never existed, was now destined to become<strong>the</strong> subject of a very serious controversy, and nearly<strong>the</strong> scene of a sanguinary conflict between <strong>the</strong> colourednatives and <strong>the</strong> three neighbouring colonies of whites.The teITit<strong>or</strong>y in dispute, extending from <strong>the</strong> junctionof <strong>the</strong> VaaJ and Modder rivers (a point <strong>about</strong>twenty-five miles above <strong>the</strong> junction of <strong>the</strong> V sal and<strong>the</strong> Orange) <strong>about</strong> 100 miles up <strong>the</strong> course of <strong>the</strong> firstnamedstream, stretched out both to <strong>the</strong> n<strong>or</strong>th andsouth of it, some f<strong>or</strong>ty miles in each direction, embracing<strong>the</strong> whole of <strong>the</strong> known <strong>diamond</strong>iferous localities,and including, roughly, an area of 10,000 squaremiles.The centre of this oblong region is situated in <strong>about</strong>lat. 28° 40' S., and long. 25° E., ~ose to a bend of <strong>the</strong>BDigitized by Goog Ie


ASPECT OF COUNTRY.Vaal, which, with many li1erpentine twists and turns,runs mostly through its middle. Its length, acc<strong>or</strong>dingalso with <strong>the</strong> main direction of <strong>the</strong> river, extends fromS.W~ to N.E.; its breadth from N.W. to S.E.It is bounded on <strong>the</strong> S.E. by <strong>the</strong> Orange Free State jon <strong>the</strong> N.E. by <strong>the</strong> Transvaal Republic and variousKafir tribes; on <strong>the</strong> N.W. by Kafirs. and K<strong>or</strong>anaa;on <strong>the</strong> S.W. by <strong>the</strong> Griquas, <strong>or</strong> Bastards, under <strong>the</strong>chief Water boer. These boundaries are quite accurateenough f<strong>or</strong> all purposes of argument and description,<strong>the</strong> only exceptions being where, here and <strong>the</strong>re,<strong>the</strong> bounding nations may be a little within <strong>the</strong> fourstraight lines of <strong>the</strong> right-angled oblong defined as <strong>the</strong>topographical diagram of <strong>the</strong> district.The whole of this region comprises one of <strong>the</strong> mostbarren, unrelieved, and uninviting stretches of countryit has ever been my lot to behold. Until <strong>diamond</strong>swere discovered, its only possible use was to supp<strong>or</strong>t,at a few parts, <strong>the</strong> great stocks of sheep belonging to<strong>the</strong>solitary Dutch hoera to be found within its wilds.Its soil, nourishing a scanty and coarse grass in detachedtufts, a few straggling bushes of a low, utterlyburnt-up appearance, known as "Vaal bush," with, atvery rare intervals, a small and stunted specimen ofthat most hideous and useless of all exogenous stems, <strong>the</strong><strong>South</strong> <strong>African</strong> th<strong>or</strong>n-tree, consists of a dry red sandthinly spread upon an <strong>or</strong>iginal surface of solid traprock and shale. The low hills breaking <strong>the</strong> level of<strong>the</strong>se arid plains present a shining surface of bare rockto <strong>the</strong> sun's burning rays. Nature, in this ill-favouredland, possesses not one solitary beauty to elevate andplease <strong>the</strong> mind of man. At a very few of <strong>the</strong> Dutchhomesteads <strong>the</strong>rein, a solitary th<strong>or</strong>n-tree can be foundDigitized by Goog Ie


TEMPESTUOUS WEATHER. 5near <strong>the</strong> do<strong>or</strong>, and in such cases <strong>the</strong> inhabitants arenot a little proud of <strong>the</strong>ir treasure. This is <strong>the</strong> onething to break <strong>the</strong> utter desolation of <strong>the</strong> monotonouslandscape. Day after day, month after month, yearafter year-ay, generation after generation-that uglytree is <strong>the</strong> only object in nature f<strong>or</strong> those far-isolatedpeople to gaze upon. F<strong>or</strong>tunately, <strong>the</strong>ir feelings and perceptionsare not of <strong>the</strong> keenest, and so <strong>the</strong>y manage tolive on, unQomplaining, and, I verily believe, satisfied.The aspect of this region always gave me <strong>the</strong> idea ofwhat Gustave D<strong>or</strong>e would represent as some weirdlydesolate scene in an unfinished w<strong>or</strong>ld.During nine months of <strong>the</strong> year, this charmingcountry is, almost daily, ei<strong>the</strong>r <strong>the</strong> <strong>the</strong>atre of terrifictempests of wind, hail, rain, thunder and lightning ofa fearfully intense and unequalled power, <strong>or</strong> it is swept()ver by strong hot winds from <strong>the</strong> burning desert, atno great distance to <strong>the</strong> n<strong>or</strong>th-west. In <strong>the</strong> f<strong>or</strong>meralBe, 80 great is <strong>the</strong> elemental strife that one can halfimagine <strong>the</strong> destruction of <strong>the</strong> w<strong>or</strong>ld itself is imminent;in <strong>the</strong> latter you cannot feel, <strong>or</strong> see, <strong>or</strong> think ofanything but intolerable heat and sand-sand being.everywhere, in your mouth, eyes, and ears; above,around, beneath, and f<strong>or</strong>ming a dense red bank encompassing<strong>the</strong> h<strong>or</strong>izon; a lurid glare prevails, whilst,ever and anon, with a terrific rush and moaning, ahuge pillar of sand, reeling l heavily to and fro,.sweeps madly through <strong>the</strong> mist and semi-obscurity.Not a pleasant region this; and it will readily bebelieved that some strong inducement-nothing lessthan <strong>diamond</strong>-miries, in fact-was required to &rouse<strong>the</strong> aggressive propensities, as well as excite <strong>the</strong>annexing passion, of John Bull. But here, en ptJ88ant,Digitized by Goog Ie


6 A BA.RREN COUNTRY.I may as well explain that, when I accuse GreatBritain and its Government of <strong>the</strong> political crimes tobe exposed and protested against in this w<strong>or</strong>k, it isindirectly <strong>the</strong>y have become responsible f<strong>or</strong> <strong>the</strong>m, notdirectly. The Colonial Government at <strong>the</strong> Cape ofGood Hope being <strong>the</strong> actual perpetrat<strong>or</strong>s Of <strong>the</strong> wrong,but f<strong>or</strong> which <strong>the</strong> Home Government has become fullyresponsible, having sometimes auth<strong>or</strong>ized its representativesat <strong>the</strong> Cape, sometimes approv~d <strong>the</strong>ir unjustand illegal acts, and never, as <strong>the</strong>y should havedone, repudiated <strong>the</strong>m.F<strong>or</strong> <strong>the</strong> purposes of this w<strong>or</strong>k a sufficient descriptionof <strong>the</strong> position, aspect, and nature of <strong>the</strong> disputed<strong>diamond</strong>iferous territ<strong>or</strong>y has already been given, andit only remains to add that <strong>the</strong> three mid-wintermonths, June,July, and August, are rea.Ily very magnificentwea<strong>the</strong>r; and that, here and <strong>the</strong>re, like an oasis intM desert, along <strong>the</strong> banks of <strong>the</strong> few rivers, a scantyvegetation of low willow trees can be met with. But,excepting <strong>the</strong> common staple of <strong>the</strong> whole countrywool-towhich <strong>diamond</strong>s are now added as a 'lempo1Vll'1Jproduction, until <strong>the</strong> deposits are exhausted-thisregion is a wilderness in every sense of <strong>the</strong> w<strong>or</strong>d. Nograin, nothing of value, will thrive <strong>the</strong>rein, so constantare <strong>the</strong> droughts. The solitary permanent indusfzybeing sheep-farming, and as <strong>the</strong> "runs" must necessarilybe very extensive, some sixty to ninety farmswould take up <strong>the</strong> whole of <strong>the</strong> 10,000 square milescontained within <strong>the</strong> territ<strong>or</strong>y; indeed, at <strong>the</strong> presenttime, almost <strong>the</strong> whole of it is so disposed of to somesixty <strong>or</strong> seventy hOWl.The multitudes, <strong>the</strong> press of business, <strong>the</strong> energeticlife and bustle at <strong>the</strong> few small spots known as .<strong>the</strong>Digitized by Goog Ie


ITS INHABITANTS.~nd digging8, are all of a very temp<strong>or</strong>ary and. evanescentnature; and already (October, 1872) are beginningvery sensibly to decrease.In <strong>or</strong>der to deal with <strong>the</strong> territ<strong>or</strong>ial question anddispute in a th<strong>or</strong>oughly exhaustive manner, it is necessaryto make this w<strong>or</strong>k a complete political hist<strong>or</strong>y of<strong>the</strong> <strong>diamond</strong>iferous region, <strong>or</strong>, as it has been m<strong>or</strong>eeuphoniously named, <strong>Adamantia</strong>. It is necessary tosatisfy those who might feel inclined to construct some<strong>the</strong><strong>or</strong>y of tenure <strong>or</strong> territ<strong>or</strong>ial right from <strong>the</strong> <strong>or</strong>iginal<strong>or</strong> ab<strong>or</strong>iginal inhabitants; so we will commence alJinitio, that is to say, from so far as <strong>the</strong> beginning i.8known, and that is not m<strong>or</strong>e than a century to a centuryand a half ago. It is certainly a very new country sofar as population is concerned, though, from its ownnatural qualities, most who look upon it, admittingthat it was commenced, are VAry positive that it hasnever yet been completed. .Like most parts of Africa, nei<strong>the</strong>r ruins n<strong>or</strong> remainsof any B<strong>or</strong>t exist to guide <strong>the</strong> antiquarian and anthropologicalstudent-nothing but a few erratie nativelegends-a few rec<strong>or</strong>ds handed down from family tofamily of <strong>the</strong> Dutch <strong>or</strong> emigrant boerB.Upon one point, however, all evidence seems unanimous,tJiz., that until <strong>the</strong> boerB, moving n<strong>or</strong>th of <strong>the</strong>Orange river, in <strong>the</strong> beginning of <strong>the</strong> present century,occupied <strong>the</strong> ground, certain p<strong>or</strong>tions of it never hadbeen held, n<strong>or</strong> possession ever retained by any nativeswhatsoever.It is true that both tradition and <strong>the</strong> rep<strong>or</strong>ts of <strong>the</strong>sepioneer white men establish <strong>the</strong> fact that <strong>the</strong>re were,even far back in <strong>the</strong> eighteenth century, a race ofab<strong>or</strong>igines in <strong>Adamantia</strong>, but <strong>the</strong>se were Bushmen,and were never found except along <strong>the</strong> bush and cavesDigitized by Goog Ie


8 BUSHMAN ABORIGINES.immediately upon <strong>the</strong> banks and courses of <strong>the</strong> rivers-<strong>the</strong> country away from <strong>the</strong> streams and water beingsimply uno~cupied and uninhabited.Whe<strong>the</strong>r, at any f<strong>or</strong>mer period, this miserable anddegraded people held possession of <strong>the</strong> plains must everremain unknown; but it is pretty certain that, m<strong>or</strong>ethan a hundred years' ago, <strong>the</strong>ir numbers were greatlyreduced by <strong>the</strong> first incursions and appearance in thoseparts of <strong>the</strong> tribes of Hottentots and K<strong>or</strong>anas. These,driven n<strong>or</strong>thward by <strong>the</strong> wars between <strong>the</strong>mselves inwhat is now known as Namaqualand and <strong>the</strong> CapeColony, as well as by <strong>the</strong> arrival of P<strong>or</strong>tuguese and Dutch,who, as is usual in such cases, soon began to make <strong>the</strong>contact with <strong>the</strong> civilized man pretty heavily felt byhim uncivilized, gradually retreated fur<strong>the</strong>r andfm<strong>the</strong>r, fled, <strong>or</strong> were driven back from <strong>the</strong> sea coastto <strong>the</strong> interi<strong>or</strong>, following, naturally enough, <strong>the</strong> rivervalleys and channels. Being, in this way, brought to<strong>the</strong> first-known inhabitants of Ad am antia, Nature's greatprocess at once commenced. The K<strong>or</strong>anas had justescaped from stronger men who would destroy <strong>the</strong>m;<strong>the</strong>y now, with a charming phlegm, at once began todestroy <strong>the</strong> first <strong>the</strong>y encountered, because weaker than<strong>the</strong>mselves. It does not appear that, even in <strong>the</strong>irmost halcyon days, <strong>the</strong> 'po<strong>or</strong> Bushmen ever possessedanything like numerous flocks and herds-<strong>the</strong>y neverwere, in any sense of <strong>the</strong> w<strong>or</strong>d (so far as present inf<strong>or</strong>mationtells), a pastoml people; never patronizedany branch of industry; but have ever been knownas a malicious, malignant, impish little race of stuntedbeings-nei<strong>the</strong>r man n<strong>or</strong> monkey, but a fair prop<strong>or</strong>tionof each-particularly addicted to holes, roots, hidinglike wild animals, and poisoned arrows.Digitized by Goog Ie


•HOTl'ENTOTS AND KORANAS. 9Whe<strong>the</strong>r <strong>the</strong>y first robbed and murdered <strong>the</strong> K<strong>or</strong>anas,<strong>or</strong> <strong>the</strong> latter began with <strong>the</strong>m, hist<strong>or</strong>y showeth not,but, as <strong>the</strong>y probably had not anything w<strong>or</strong>th stealing,<strong>the</strong> chances are that ei<strong>the</strong>r <strong>the</strong>y commenced a littlecattle-lifting at <strong>the</strong> ex.pense of <strong>the</strong> strange wanderers,<strong>or</strong> <strong>the</strong>se set to w<strong>or</strong>k butchering <strong>the</strong>m purely f<strong>or</strong> pastimeand from habit.Over a great ex.panse of country this Bushman exterminatingprocess went steadily f<strong>or</strong>ward a centuryago. In NamaquaJ.a.nd, to <strong>the</strong> west of <strong>the</strong> present<strong>Adamantia</strong>, and m<strong>or</strong>e <strong>or</strong> less a.ll along <strong>the</strong> va.lley of <strong>the</strong>Orange river, even up to <strong>the</strong> Drakensberg mountains.In a.ll directions <strong>the</strong> K<strong>or</strong>anas poured in, to be followedby o<strong>the</strong>r tribes known as Hottentots, and <strong>the</strong>se to bein turn succeeded by bands of half-caste <strong>or</strong> mongrelBastards. As <strong>the</strong> Kafir tribes were thick and numerousin <strong>the</strong> rear, <strong>the</strong> wretched Bushmen were caught betweentwo fires. Those who escaped <strong>the</strong> muskets of <strong>the</strong>yellow-skinned emigrants only ran upon <strong>the</strong> Q88egauof <strong>the</strong> blacks. The dwarfish race almost vanished from<strong>the</strong> face of <strong>the</strong> earth.It is as well to explain that <strong>the</strong> Hottentots, K<strong>or</strong>anas,and Bushmen seem rea.lly very nearly allied. Thetwo f<strong>or</strong>mer have <strong>the</strong> same Malay, <strong>or</strong> Mongolian, appearance,but with very sh<strong>or</strong>t and scanty wool instead ofhair; <strong>the</strong>y are <strong>the</strong> same dirty yellow complexion, of<strong>the</strong> same light, wiry build, and speak, <strong>or</strong> chatter, justlike monkeys, <strong>the</strong> very same extra<strong>or</strong>dinary language ofcliks; <strong>the</strong> only difference in <strong>the</strong> case of <strong>the</strong> Bushmanbeing that he is a m<strong>or</strong>e puny, hideous, and altoge<strong>the</strong>rm<strong>or</strong>e abominable variety of <strong>the</strong> same species of man.The Bastards, a, very mixed race between a.ll three,with a mingling of both white and Ka.fir blood, areDigitized by Goog Ie


•10 STATEMENT OF THE XORAJrA. CHIEF.now known 88 Griqua.s---i.e., a mixed people. Nativetradition gives a very concise account 88 to <strong>the</strong> <strong>or</strong>iginof <strong>the</strong> names Hottentot and K<strong>or</strong>an&.There were two bro<strong>the</strong>rs, K<strong>or</strong>a and Hottentot;<strong>the</strong> latter remained in <strong>the</strong> Cape Q>lony, and <strong>the</strong>descendants of <strong>the</strong> f<strong>or</strong>mer emigrated and crossed. <strong>the</strong>Orange River, under <strong>the</strong> Taaibosch,-<strong>the</strong> family nameof <strong>the</strong> present hereditary and paramount chief of <strong>the</strong>K<strong>or</strong>ana tribes.F<strong>or</strong> my part, I consider that <strong>the</strong> best claim tosovereignty, title by hereditary succession, <strong>or</strong> territ<strong>or</strong>ialright over <strong>the</strong> disputed lands n<strong>or</strong>th of <strong>the</strong> VaaJ,is put f<strong>or</strong>ward by <strong>the</strong> K<strong>or</strong>anas, and, in <strong>or</strong>der to prove<strong>the</strong> same, I' have obtained <strong>the</strong> following depositionand documents specially f<strong>or</strong> this w<strong>or</strong>k.BTA'l'.EJIDm'.r OF TIlE P.AlUl(OUIn' Ommr MAssA.U :RuT TAAIBOBOH,OF THB KoBANA TBmB AM> PBoP.to1l BBBIDINa IN TH:B :H.umaA.TlBuuToRY.Wi 1ttJ1tl 1M foUoNg flO,.,., tmtl '" pr'tIpC,.1iJ to proH tAl ,."., Jginclilputaiu mUnCl."My fa<strong>the</strong>r and <strong>the</strong> Chief' Jan Taaibosch were bro<strong>the</strong>rs' cb.i1c1ren.Jan was <strong>the</strong> recognized paramount chief of <strong>the</strong> entire K<strong>or</strong>anapeople. Our f<strong>or</strong>efa<strong>the</strong>rs, as chiefs of our nation, resided f<strong>or</strong>merly atand occupied <strong>the</strong> ground now known as Oapetown, and becamediSP088888ed of <strong>the</strong> same by <strong>the</strong> first white inhabitants, viz., <strong>the</strong>P<strong>or</strong>tuguese; hence, when we give our statement, it is that of hereditarychief's, and in <strong>the</strong> mem<strong>or</strong>y of white nations."My grandfa<strong>the</strong>r emigrated from <strong>the</strong> west of <strong>the</strong> Oape Oolony.Our people occupied <strong>the</strong> present Griquatown-<strong>the</strong>n known as K1aarwater-asalso <strong>the</strong> junction of <strong>the</strong> Vaa1 and Orange rivers.- TheBarolong (Kafir) Chief' Tau, <strong>the</strong>n in occupation of <strong>the</strong> place calledT&1Ul8 t on <strong>the</strong> Harts River, visited <strong>the</strong> chief, my grandfa<strong>the</strong>r, at• See diagram A (end of chapter).t Ditto.Digitized by Goog Ie


8'UTEMENT OF THE XORANA. CHIEF.. 11Xlaar-water. The Barolongs at this time occupied Tauns andsurrounding country. The Ohief Tau <strong>the</strong>n departed, having, .. 'Wethought, visited our chief and people in a friendly way. .After alapse of time, <strong>the</strong> Chief' Tau again visited us, and was attended bya large number of' his people. The chief', my grandfa<strong>the</strong>r, believinghe had come in friendship, made haste to meet him, and preeented81IDCIry ariicles of' f'ood to him and his people, acc<strong>or</strong>ding to ourDative ouatoms."The Ohief Tau and his people, noticing a convenient opp<strong>or</strong>tunity, and having.concealed under <strong>the</strong>ir skin cloaks (k&l'088e8)MUga" broken sh<strong>or</strong>t, suddenly displayed <strong>the</strong>ir treachery, and mlll'­dered <strong>the</strong> chief', my grandfa<strong>the</strong>r, with a large number of ourpeople."After <strong>the</strong> 1088 of' our chief, we recognized <strong>the</strong> fa<strong>the</strong>r of' J' anTaaiboech, my grand-uncle, 81 chief', and under him we crosaed <strong>the</strong>Harts Biver in pursuit of Tau and his people, who had Sed back:to <strong>the</strong>ir country. We fought <strong>the</strong> treacherous chief' and his Bamlongs,deleated, and drove <strong>the</strong>m away. We f'ollowed <strong>the</strong> chief tohis great plaoe, Tauns, and fought f'our battles with him and <strong>the</strong>Batlaping tribes of' Ka.firs (who were at this time <strong>the</strong> slaves of' <strong>the</strong>Barolongs )-<strong>the</strong> said Batlaping people being a mixture of Baroloug,Bushmen, &0.; hence claim. no distinct nationality."We f'<strong>or</strong>ced <strong>the</strong> Barolongs to leave <strong>the</strong> country, and take refugeat Betlagole.. The Barolong country <strong>the</strong>n reached to iBetabingllakwaai and <strong>the</strong> Molopo Biver. The Chief Tau died of his'Wounds. The Barolongs <strong>the</strong>n appointed one Mokalaka; but thischief' Sed, and <strong>the</strong>n one Maasua was made chief, and with him wemade peace, and defined our boundaries, vis. :-" F%om <strong>the</strong> 8altpan known as Kweichona, and <strong>the</strong> 8altpaa known&8 Kazre, extending to Magakabane, from. <strong>the</strong>nce to l[alachue,<strong>the</strong>nce to J'aresat'ontain, <strong>the</strong>nce to Koning, <strong>the</strong>nce to Langeberg(Mts.), <strong>the</strong>nce with a stright line to <strong>the</strong> Orange River, includingBlink-Klip and Klaar-water (Griquatown), <strong>the</strong>nce with <strong>the</strong> OrangeBiver past Bloemhof to <strong>the</strong> Blesbok Bprait, and <strong>the</strong>nce to <strong>the</strong>Baltpan.·• Nearly 100 miles to <strong>the</strong> n<strong>or</strong>th.t A. reference to diagram. A. (at <strong>the</strong> end of <strong>the</strong> chapter) will ahow thaiDOt only do <strong>the</strong> bounc1ariee thus de6ned include all <strong>the</strong> ground claimedand cliaputed by <strong>the</strong> Griquas under Waterboer. but also nearly <strong>the</strong> wholeof <strong>the</strong> territ<strong>or</strong>y occvpW by <strong>the</strong>m DOrth of <strong>the</strong> Vaal River ..Digitized by Goog Ie


12 STATEMENT OF THE KORAN A CHIEF." Wi .,w, "",w dlprifJlIl of t/w, laflllllJy tlltlr, fU.tAw _ our c~uf'tJMW ,.., p<strong>or</strong>litnu of our landI to otAw pMJpu."Thia transpired during <strong>the</strong> rule of Jan Taaibosch. About thistime my :£a<strong>the</strong>r, Rijt Taaiboach, was b<strong>or</strong>n at GrigtUltoum, <strong>the</strong>ncalled Klaar-water." The first Griquas arrived <strong>about</strong> 1811, long subsequent to ourdate of conqueat. And whilst our people occupied (<strong>the</strong> country)<strong>the</strong> Griquas came under C<strong>or</strong>nelius Kok, and settled at Klaar-water(Griquatown). The first miBBionary <strong>the</strong>n came amongst <strong>the</strong> K<strong>or</strong>anapeople. I, <strong>the</strong> present Chief Massau Rijt Taaibosch, was b<strong>or</strong>n at<strong>the</strong> old Platberg (and I am now upwards of one hundred years ofage). About this time Goliad Zysterbeck, also a cousin of JanTaaibosch, had a tribal quarrel with him, and defeated him; afterwhich Jan Taaibosch left <strong>the</strong> country, leaving my fa<strong>the</strong>r, RijtTaaibosch as chief. After my fa<strong>the</strong>r's death I became chief, andhave occupied up to <strong>the</strong> present time." Wi tIlltnDllI eM DfWOltntg tlnd Dtltlllpi,., 'rilIH (of Kafirs) to OMIJIJp<strong>or</strong>litnu of our land "po. ",ff".tlnc.. TAl old CAuf DB,,", D"",..(GritpMs) obtai"'" our p8NIlillion to ,.1IidI tit Doutolttlp." The:6retBloem was a Dutchman, and married a K<strong>or</strong>ana wife. His childrenwere allowed to be petty chiefs of <strong>the</strong> KOr&Das known &8 <strong>the</strong>Bpringbok tribe. After fighting and defeating <strong>the</strong> Barolong ChiefTau, our people occupied principally <strong>the</strong> conquered territ<strong>or</strong>y. My:£a<strong>the</strong>r, Rijt Taaibosch, occupied Patuni" (01' Nukuni), <strong>the</strong> residenceDOW of <strong>the</strong> Paramount Ohief Gasibone, of <strong>the</strong> Batlapings. Myuncle Kbamak08e died at Patuni j <strong>the</strong> petty chief Bloem is buriedat Tauns. The graves of our people are abundant at Tauns, Griquatown,Oampbell, and,o<strong>the</strong>r'principal plaoes, proving <strong>the</strong> length of ouroccupation and pouession of <strong>the</strong> land. We have lived in peace witho<strong>the</strong>r native tribea, as also <strong>the</strong> emigrant bow.. We now occupy ourterrit<strong>or</strong>y of Mamusa," and rely upon <strong>the</strong> good faith of civilizedGovernments that we shall not be deprived of our just territ<strong>or</strong>ialrights, because adventurers like <strong>the</strong> mixed people of W aterboermay desire to appropriate our lands and exclude us, who alwayswere and &1'8 a distinct people.""PlloTEsT OJ!' THE CHIEF MAsBAU RUT TllIB080lI .Alm R.uD (ORCotllrCILLORS )." We, <strong>the</strong> undersigned Ohief Massau and Councill<strong>or</strong>s of <strong>the</strong>• See diagram A (end of chapter).Digitized by Goog Ie


------- --- ---PROTEST OF KORANA. CHIEFS. 13K<strong>or</strong>ana people, do hereby solemnly protest against <strong>the</strong> aggreaaiveclaim put f<strong>or</strong>ward by <strong>the</strong> Chief Nioolas Waterboer upon our landsand territ<strong>or</strong>ies lying between <strong>the</strong> Vaal and Harts rivers." Because <strong>the</strong>se lands and a large extent of territ<strong>or</strong>y now ocoupie8.by <strong>the</strong> Chief Waterboer has belonged to our tribe f<strong>or</strong> upwardsof one hundred years, and we and our tribe have oonstantly, undersuooessive chieftains, retained undisputed po88ession; and we inheritour claims by right of oonquest from <strong>the</strong> Barolong Chief Tau."And we never have ceded <strong>the</strong>se our claims, n<strong>or</strong> any p<strong>or</strong>tion<strong>the</strong>reof, to any native ohief; nei<strong>the</strong>r have we been deprived of anyp<strong>or</strong>tion by war with any o<strong>the</strong>r people."We fur<strong>the</strong>r declare that <strong>the</strong> Barolong <strong>or</strong> Batlaping chiefsresiding within our said territ<strong>or</strong>ies, between <strong>the</strong> Vaal and HartsRivers have no claim to <strong>the</strong> land, and have always occupied <strong>the</strong> sameby suft'era.nce." We fur<strong>the</strong>r protest against <strong>the</strong> claima of <strong>the</strong> Barolong ChiefKontsea, <strong>the</strong> same being illegal and groundless, upon <strong>the</strong> principlethat any of <strong>the</strong>se days <strong>the</strong> Dutch Government might as well makea transfer of <strong>the</strong> Oape Oolony to any f<strong>or</strong>eign power, because <strong>the</strong>yonce held posseaaion, notwithstanding <strong>the</strong> English nation claim itby right of oonquest.And we herewith. protest against any 8110hestrangement of our lands, 1mI888 with our sanction, and warn <strong>the</strong>several Governments and people against any appropriation of ourlands upon such false and UDfair oonditions. In witneas of this, our801emn protest, we sign our names:-"KAPITBIN, llAsaAu RuT :rA..UB08OJ[, his + mark."AlmltIBB RuT TulJ!Ol!CR, his + mark.CI Witneases { W. O. :Irllmw.n.RIOJWm Mn.Bs.,,~, N9fJlfllfHr 20, 1870." LUJUS MODDo, his + mark."(Signed) " AlmJl.IB8.uJ"11LIUS."DAvID llAsaAu." We hereby declare that <strong>the</strong> above is true and c<strong>or</strong>rect:"G. DoNOVAN," Nati." .&prllmtatit;,."J". P. TIGHE,"L!JU H.Jf. 11t'\ RI,e."JJI Burl, N"" RfII'" JtI1U 18, 1872."Digitized by Goog Ie


14 DECLARATION OF KAFIR CHIEFS.The above documents are very imp<strong>or</strong>tant, as 80clearly establishing, upon so definite a ground, <strong>the</strong>best and most ancient claim asserted to sovereign rightsover <strong>the</strong> disputed territ<strong>or</strong>y n<strong>or</strong>th of <strong>the</strong> V &al. It isvery conclusively c<strong>or</strong>rob<strong>or</strong>ated in <strong>the</strong> following declarationof <strong>the</strong> principal Batlaping and BarolongChiefs in that neighbourhood; <strong>the</strong> descendants, indeed,of <strong>the</strong> very people from whom <strong>the</strong> K<strong>or</strong>anas obtained<strong>the</strong> land by right of conquest a century ago.l>Bm.A.RAnoN OF 8EVB&AL l'lIINOIPAL BABOLONG AlID BATLAPmG K.um0mBFa IN B.EFJmlIliOE TO TBamToBUL CLAms OJr:u.CB: smB OFTHE HARTS Rrvn.Ie We, <strong>the</strong> hereunto subscribed Ohid!, do solemnly declare thatevery Bechuana chirf and tribe, as also espeoially <strong>the</strong> people andtribes repreaented by <strong>the</strong> und8l'lligned, CMM • ..to 1m. IOUtry ..JOfMl tM HflM'al tnritof"iM ,. .,. otW OHtIfHdttm, <strong>or</strong> cz.iNtl Jy u,.,. ~ o! J_, KapitMiI (TtIIIt7HMA), tM ParMMflflt OA,,! o! tTNKtWtJIM p«Jp'l..And since that chief we acknowledge (1) <strong>the</strong> rightof occupation to Gert Taaibosch, <strong>the</strong> rightful hereditary and territ<strong>or</strong>ialchief, and (2) at tM prUllllt tirIu to t1u OAw! Jllll .. RijtTtJ4HloIcA, twnt<strong>or</strong>ial cr."J o! 1M IOUtry tIlltuW to; and <strong>the</strong>ae thingswe solemnly declare, and <strong>the</strong>y are in aec<strong>or</strong>danoe with our tribal lawsand ancient observances.II We fur<strong>the</strong>r say that <strong>the</strong> Ohief Waterboer is no chief in keepingwith our laws, and cannot claim our ,allegiance by right, and nei<strong>the</strong>rdid we, n<strong>or</strong> any of us, ever at any time acknowledge him as such;and we say that none of us ever did by any act of ours auth<strong>or</strong>ize <strong>or</strong>in any way aid <strong>or</strong> sanction any claim to our several lands on ei<strong>the</strong>rside of <strong>the</strong> Harts River; and we hear with s<strong>or</strong>row that <strong>the</strong> OhiefWaterb~er has entered into an arrangement with <strong>the</strong> Orange Free, State,· by which arrangement that power claims <strong>the</strong> territoJybetween <strong>the</strong> Vaal and Harts rivers. We <strong>the</strong>ref<strong>or</strong>e ign<strong>or</strong>e andprotest against this estrangement involving our several rights, and<strong>the</strong> right of Masa&u Rijt Taaibosch as territ<strong>or</strong>ial Ohief. And we• This is an err<strong>or</strong>; <strong>the</strong> arrangement having been entered intobetween Waterboer and <strong>the</strong> British ColoDial GoTermnent.Digitized by Goog Ie


DECLABATION OF XA.Fm CBIEFS. 15say that any chief <strong>or</strong> people on ei<strong>the</strong>r side of <strong>the</strong> Harts River, <strong>or</strong>between <strong>the</strong> Vaal and Harts rivers, who ahall" aid <strong>or</strong> assist <strong>the</strong>Ohlef Waterboer in his sale <strong>or</strong> transfer of <strong>the</strong> land alluded to, suchchief <strong>or</strong> people ahall f<strong>or</strong>feit any claim. to <strong>the</strong> land now in his (<strong>or</strong><strong>the</strong>ir) occupation."In couclusion, we solemnly p!'Qteat, in <strong>the</strong> face of Heaven andEarth, against any such arrangements, as being contrar,yto our usages,our rights to <strong>the</strong> aeverallands occupied by us, and <strong>the</strong> lawful right of<strong>the</strong> territ<strong>or</strong>ial Ohlef, Maasau. Rijt Taaibosoh, from whom. we have,and ever had, our (occupation) right to <strong>the</strong> territ<strong>or</strong>ies in question."In witness whereof our hands,CI GAlIIBOD, his + mark."PartMlOUl m.t.j." BnBm BLOlIK, his + mark." Oltuj."~ll<strong>or</strong>.BHAB'lII, his + mark." OItNj.II ll.A.TL.uwn:, his + mark."Oltw!.- " BOGA8IB11, his + mark."OM'.!­".DotY., T_, .4..tIgUIII0, 1870." Ftw eqpfJ (JMjirm." (Signed) II J. RAn, Junr."&(Jf',eary, Digg",,' ~'fJ' Ootmcil.""We declare <strong>the</strong> above to be a true copy,"J. GBRALD, DoNOVAN," Lall G~ I1upIct<strong>or</strong> oj PnM1.DUmt<strong>or</strong>td FiBltlI."G. DONOVAN," NM'" RBpr,Bmttm",."J. P. TIGHB,II Lt!.U IMutnuJnt HoM. 1 Itlt lUg __ ."Digitized by Goog Ie


16 EPISODE OF AFRICANER.CHAPT~R II.EARLY HISTORY CONTINUED: SETTLEMENT OF THEGRIQUAS, AND DUTCH, OR EMIGRANT FAR'MERB.GJl.IQUA BARBAlUTIB8.-lb.. PORTER'S QPlMON ON RELA.TIVBEPIsODB OF A:rJuCAlOB.-BB'l"l'LmDNT OF GmQUA &uA'l'TlmS.-REv.J. LuooBP'a REl'oRT.-ATTOllNEY-GlmBru.L PORTER'S REl'oRT.­RIGJlT80PE.uLySBTTLBIt8.-RBPoRTBOFlLuORWARDEN,A88I8T.­CoK.-GEN. GlI.uN, AND Sm HA.RRy SKITB:.-Bon AND Gm:QUARIGHTS TO Tmm,rroRY COEVAL AND EQUAL.-]}m>oamON OFHmmJl.I][ HmmRIXSE.-DD"INl'IION OF BOUlmAJ1.IE8 OP TRBOlI.IGINAL GmQUA.LAND.-A llIaaIONARY CAUSES DI88D8IOlfAKONGBT THE GJl.IQUAB.-A.PPE.utAlfOE OF ANDJ1.IB8 WATBRBOER.­A LIn JUDE BJltfWEIDI OAKPBBLL AND GJl.IQUA TOWN.HAVING described <strong>the</strong> settlement and establishmentof <strong>the</strong> K<strong>or</strong>ana tribes in and <strong>about</strong> <strong>Adamantia</strong>, ournext object is to deal in a similar manner with <strong>the</strong>Bastards, <strong>or</strong> Griquas, and <strong>the</strong> emigrant farmers ofDutch descent, who next appeared upon <strong>the</strong> scene.During <strong>the</strong> month of August, 1811, a series ofarticles from <strong>the</strong> pen of <strong>the</strong> Rev. J. Lud<strong>or</strong>f, a wellknownmissionary and auth<strong>or</strong>ity upon native hist<strong>or</strong>y,appeared in <strong>the</strong> " Diamond News "-a paper publishedat Pniel, on <strong>the</strong> Vaal River, until <strong>the</strong> " dry diggings"broke out.F<strong>or</strong> <strong>the</strong> following account of <strong>African</strong>er, one of <strong>the</strong>Hottentot chiefs, who indirectly brought <strong>about</strong> <strong>the</strong>settlement of <strong>the</strong> GriqlWl in <strong>Adamantia</strong>, I am mainlyindebted to those articles.The large tribe of <strong>the</strong> not<strong>or</strong>ious J agers <strong>or</strong> <strong>African</strong>ers,Digitized by Goog Ie


.2'e~ .. l ..... LDigitized by Goog Ie


Digitized by Goog Ie


CIVILI~TION a la COLONIST. 17had, from olden times, roamed on <strong>the</strong>ir native hills anddales within one hundred miles from Capetown,pastured <strong>the</strong>ir own flocks, killed <strong>the</strong>ir own game,drank <strong>the</strong>ir own streams, and mingled. <strong>the</strong> wild musicof <strong>the</strong>ir hea<strong>the</strong>n songs with <strong>the</strong> wilder winds whichburst over <strong>the</strong> rugged Witsemberg and Winter hoekmountains-once <strong>the</strong> strongholds of <strong>the</strong>ir clan. As<strong>the</strong> early Dutch settlers increased, and found it necessaryto make room f<strong>or</strong> <strong>the</strong>mselves by adopting as <strong>the</strong>irown <strong>the</strong> country which lay beyond <strong>the</strong>m, <strong>the</strong> Hottentots,perfectly incapable of main1aining <strong>the</strong>ir groundagainst <strong>the</strong>se f<strong>or</strong>eign intruders, were compelled to giveplace by removing to a distance <strong>or</strong> yielding <strong>the</strong>mselvesin passive obedience to <strong>the</strong> farmers.When <strong>the</strong> Ab<strong>or</strong>igines chose to fight f<strong>or</strong> <strong>the</strong> land<strong>the</strong>y had never utilized, <strong>the</strong>y only fell, shot like dogsin <strong>the</strong> open country, <strong>or</strong> smoked like rats in <strong>the</strong>ir holesif <strong>the</strong>y retreated to <strong>the</strong> fastnesses and recesses of <strong>the</strong>mountains. A Golgotha exists at many a lonely dell,.where, unchronicled and unmourned, <strong>the</strong> long-f<strong>or</strong>gottennatives fought, and some savage band perished to a:man.From that time Jager <strong>or</strong> <strong>African</strong>er receded, until atlast he united with farmer P--, whom he faithfullyserved. Many provocations and oppressions, however,.finally roused <strong>the</strong> d<strong>or</strong>mant energies of <strong>the</strong> oft-dejectedchieftain. His people had dwindled to a mere handful,<strong>the</strong>ir wives and daughters were abused, <strong>the</strong>ir childrenmurdered (it is said), while he himself had to subsistupon a scanty pittance.Events occurring which caused him to suspectfur<strong>the</strong>r evil, <strong>African</strong>er-who had been trained to <strong>the</strong>use of firearms-now refused to comply with <strong>the</strong> come•Digitized by Goog Ie


18 MURDER OF FAIUlER P-.mands of <strong>the</strong> master, who was a kind of justice of <strong>the</strong>peace in <strong>the</strong> old Dutch colony of <strong>the</strong> Cape. With hispeople he intimated <strong>the</strong>ir wish to have some rewardf<strong>or</strong> <strong>the</strong>ir often· galling services, and be allowed t<strong>or</strong>etire to some sequestered district beyond, to live inpeace. This was stemly refused. and greater severitiesthreatened.Still it had not entered <strong>the</strong>ir minds to do violenceto <strong>the</strong> farmer. Exasperated that his repeated <strong>or</strong>dersto <strong>the</strong> natives (<strong>or</strong> ra<strong>the</strong>r, slaves) were no longerobeyed, he summoned. <strong>the</strong>m bef<strong>or</strong>e his do<strong>or</strong>. This'was an awful moment, though <strong>the</strong>y wet;e accustomedto scenes of barbarity. Jager, with his bro<strong>the</strong>r, movedslowly up a few steps leading to <strong>the</strong> do<strong>or</strong>. The farmerrushed furiously on <strong>the</strong> chieftain, and with one blowprecipitated him to <strong>the</strong> bottom of <strong>the</strong> steps; whenTitus, <strong>the</strong> chief's bro<strong>the</strong>r, drew his gun from behindhim and fired on P--, who fell dead. They <strong>the</strong>nentered <strong>the</strong> house. The farmer's wife, having witnessed<strong>the</strong> fall of her husband, shrieked and impl<strong>or</strong>ed mercy.They had nothing against her. They took <strong>the</strong> gunsand ammunition, and charged her not to leave <strong>the</strong> houseduring <strong>the</strong> night, <strong>or</strong> else <strong>the</strong>y could not ensure hersafety. Overcome with terr<strong>or</strong>, two children escapedby a back do<strong>or</strong>, and were killed by Bushmen. Mrs •.p-reached <strong>the</strong> nearest farm. in safety.This tragic event led to, perhaps, <strong>the</strong> first irruptionQf Hottentots into <strong>Adamantia</strong>, and, ultimately, to <strong>the</strong>settlement of <strong>the</strong> Griqua people n<strong>or</strong>th of <strong>the</strong> Vaal,upon <strong>the</strong> very same localities whence <strong>the</strong>y now set up<strong>the</strong> Waterboer claim to <strong>the</strong> <strong>diamond</strong> <strong>fields</strong> !After <strong>the</strong> farmer's death, <strong>African</strong>er at once rallied<strong>the</strong> remnant of his tribe, directed <strong>the</strong>ir steps to <strong>the</strong>Pigilized by Goog Ie


MIGRATION OF GRIQUAS. 19Orange River, and was soon beyond <strong>the</strong> reach of hispursuers. Attempts made by <strong>the</strong> Dutch Colonial Governmentwith <strong>the</strong> farmers, to punish this daringoutrage on <strong>the</strong> P-family failed, though rewardswere offered and commandos - went out f<strong>or</strong> <strong>the</strong> purpose.The farmers <strong>the</strong>n bribed some of <strong>the</strong> Bastards.This gave rise to a long series of severe and bloodyoonBicts between <strong>African</strong>er and <strong>the</strong> Griqua chiefBerend Berends, with his associates-Berends impelledby reward and <strong>the</strong> hope of loot, <strong>African</strong>er by motivesof self-defence, and a desire to wreak vengeance onhis enemies, <strong>the</strong> farmers as well as <strong>the</strong>ir allies.<strong>African</strong>er seems to have resided principally <strong>about</strong><strong>the</strong> Vaal and Modder Rivers, and, though nei<strong>the</strong>r of <strong>the</strong>chiefs conquered, <strong>the</strong>y harassed each o<strong>the</strong>r dreadfully.Weaned by <strong>the</strong>se conflicts, <strong>the</strong> Griqua chiefs, C<strong>or</strong>neliusKok, of Kamesberg,with Berend Berends and his.party,migrated clear away into <strong>the</strong>. country <strong>the</strong>n occupiedby <strong>the</strong> Batlaping Kafirs n<strong>or</strong>th of <strong>the</strong> V sal River.Molehabangue, paramount chief of this nation,received <strong>the</strong>m in <strong>the</strong> most friendly manner.And it is now imp<strong>or</strong>tant to notice <strong>the</strong> fact that, in<strong>the</strong> w<strong>or</strong>ds of <strong>the</strong> missionary, he "lent <strong>the</strong>m three <strong>or</strong>four fountains to sow com, and gave <strong>the</strong>m permissionto hunt f<strong>or</strong> game. C<strong>or</strong>nelius Kok, sen.,· settled atMothaga, Berend Berends at Tlaka-lo-tlou (Daniel'sKuil),t Nels Kok, jun., at what subsequently wasnamed Campbell. t No o<strong>the</strong>r agreement WaB ever enteredinto with r88pect to land <strong>or</strong> lJoundarulJetween tke Bechuana"• CoDllll&Ddo is <strong>the</strong> ColoDialiam f<strong>or</strong> an armed bargher f<strong>or</strong>ce calledinto <strong>the</strong> field by <strong>the</strong> Government.t F<strong>or</strong> position of <strong>the</strong>se placea, see diagram A, end of Chapter I.e 2Digitized by Goog Ie


20 . GRIQUA SETTLEMENT.(Kafirs) "and tks Bastard Hottentots" (Griquas). "Theheadquarters of <strong>the</strong> Batlaping" (<strong>the</strong> name of <strong>the</strong>particular Kafir tribe, which, as we have seen, <strong>the</strong>noccupied <strong>the</strong> land by consent of its real owners, <strong>the</strong>­K<strong>or</strong>anas) "were at Nkoeng, near Lithako, where <strong>the</strong>irprincipal chief lies buried.By special permis8ionNickolas Berend8 " (<strong>the</strong> bro<strong>the</strong>r of <strong>the</strong> chief B. Berends)"fOas allowed to 8ett16 at Boechap ;. but when, in 1823,<strong>the</strong> Rev. Mr. Hodgson began to build a dwellinghouse,he received. a letter from Kuruman, 'to inf<strong>or</strong>mlAm that Boechap tIHJ8 Mt GrifJ1llJ 'but Batlapa"g ground,·and if kis erectzng 'building8 on tkat spot could ever 'be interpretedas a claim on 'behalf oftke GrUjuas, l,e had 'betterdeaiat at once! ' t"Mr. Hodgson replied 'that it was indifferent tohim who claimed ownership; all he wished was to beallowed to preach <strong>the</strong> Gospel. He would certainly beno party in alienating lands from <strong>the</strong> Bechoana.' Withthis understanding he quietly built. Comelius Kokdied under <strong>the</strong> past<strong>or</strong>al care of Mr. Hodgson."The Rev. John Campbell, on his visiting <strong>the</strong>Bastard Hottentots, in 1813, took intense interest in<strong>the</strong>ir case. He induced <strong>the</strong>m to change <strong>the</strong>ir nameinto Griqua-a mixed people; gave <strong>the</strong> name of Griqualandto <strong>the</strong> place presided over by Dam Kok" (sonof Com eli us ); "made a number of civil laws, which <strong>the</strong>yreceived; and had money struck f<strong>or</strong> <strong>the</strong>ir use. A goodsupply of Missionaries, &c., were sent to <strong>the</strong>m, and<strong>the</strong>y have certainly had great advallt&ges f<strong>or</strong> m<strong>or</strong>al• F<strong>or</strong> position of this place, see diagram A, end <strong>or</strong> Chapter I.t Here, again, from an entirely c1iJFerent and independent source, wehave evidence c<strong>or</strong>rob<strong>or</strong>ating that of <strong>the</strong> present BatlapiDg chiefs, whocliam 88 <strong>the</strong> BUb·tenants <strong>or</strong> feudat<strong>or</strong>ies of <strong>the</strong> K<strong>or</strong>anaa.Digitized by Goog Ie


GRIQUAS ONLY SQUATTERS. 21and civil improvement, which no o<strong>the</strong>r tribe n<strong>or</strong>th of<strong>the</strong> Vaal ever had."I cannot find any evidence as to <strong>the</strong> exact date when<strong>the</strong> Griquas settled down ill <strong>the</strong>ir new quarters, but.quite sufficient to prove that it was certainly within ayear <strong>or</strong> two of 1811.From <strong>the</strong> above account we obtain fur<strong>the</strong>r imp<strong>or</strong>tantevidence that <strong>the</strong> Griquas were merely squatters upon'Certain grounds by <strong>the</strong> generosity and sufferance of<strong>the</strong> real owners and <strong>the</strong>ir feudat<strong>or</strong>ies; that, m<strong>or</strong>eover,until tM8e latter 8/undd 8ell to <strong>the</strong>m, f<strong>or</strong>mally present,Qr 108e bll fJlar tMir territ<strong>or</strong>ial rights, nei<strong>the</strong>r could any'BUCk accrue to <strong>the</strong>m. It does not appear that ei<strong>the</strong>r Qne()f <strong>the</strong>se conditions ever came to pass. The principalK<strong>or</strong>ana tribe (<strong>the</strong> S<strong>or</strong>cerers) under <strong>the</strong>ir hereditaryparamount chiefs <strong>the</strong> Taaiboschs, have never abandoned.·n<strong>or</strong> f<strong>or</strong>feited <strong>the</strong>ir sovereign rights as <strong>the</strong> success<strong>or</strong>s to<strong>the</strong> ab<strong>or</strong>iginal owners of <strong>the</strong> soil by right of conquest.F<strong>or</strong>, surely, it can never be maintained. that simpleabsence from molestation by <strong>the</strong> real owners of a-country creates territ<strong>or</strong>ial rights f<strong>or</strong> squatters so distinctlyupon sufferance? .By and by we shall have to consider whe<strong>the</strong>r <strong>or</strong> no<strong>the</strong> long abandonment of part of <strong>the</strong>ir territ<strong>or</strong>y to <strong>the</strong>.squatters has caused <strong>the</strong> right of <strong>the</strong> K<strong>or</strong>anas to lapse,:now that <strong>the</strong>y seem to give a tacit consent to <strong>the</strong> titleof <strong>the</strong> Griquas.To <strong>the</strong> chief Berends we may almost say adieu;a.lready, but with <strong>the</strong> family of <strong>the</strong> Koks, who, from<strong>the</strong> first, seem to have been <strong>the</strong> hereditary chiefs of <strong>the</strong>greater part of <strong>the</strong> Griquas, we have much to do.At <strong>the</strong> first settlement of <strong>the</strong>se people in <strong>the</strong>ir new-country <strong>the</strong>y established two principal kraals <strong>or</strong> villages•Digitized by Goog Ie


22 THE VALLEY OF DLUIONDS.Upon <strong>the</strong> Rev. J. Campbell's visit in 1813, that to<strong>the</strong> west, under o~e Adam Kok, was named Griquatown,and that to <strong>the</strong> east, under C<strong>or</strong>nelius Kok (hisbro<strong>the</strong>r), became known hencef<strong>or</strong>th as Campbell.With <strong>the</strong> f<strong>or</strong>mer place we shall only be indirectly interested,but with <strong>the</strong> latter this w<strong>or</strong>k is spooially concerned,its adjacent grounds-known as <strong>the</strong> Campbelllands-comprising, indeed, <strong>the</strong> whole of <strong>the</strong> disputedtenit<strong>or</strong>y in <strong>Adamantia</strong>, n<strong>or</strong>th of <strong>the</strong> Vaal, claimed by<strong>the</strong> Orange Free State.Some time elapsed ere any definite attention was.paid to <strong>the</strong> tenit<strong>or</strong>y on <strong>the</strong> south bank of <strong>the</strong> Vaal-infact, n<strong>or</strong> trace n<strong>or</strong> rec<strong>or</strong>d of any permanent kraal <strong>or</strong>native establishment exists. This applies to <strong>the</strong> wholeof <strong>the</strong> disputed lands on that side of <strong>the</strong> river. Andyet this spot, which seems to have been so carefullyavoided by <strong>the</strong> natives, has just been discovered to contain<strong>the</strong> richest <strong>diamond</strong> mines in <strong>the</strong> w<strong>or</strong>ld! F<strong>or</strong> ages<strong>the</strong> wandering savage has passed on over incalculablewealth, actually trodden by his feet; <strong>the</strong> glitteringgems lying at all depths, commencing from <strong>the</strong> verysurface.From <strong>the</strong> rep<strong>or</strong>ts of <strong>the</strong> Rev. J. Lud<strong>or</strong>f, already referredto, we obtain ano<strong>the</strong>r imp<strong>or</strong>tant date."In 1814, <strong>the</strong> Rev. Mr. Anderson received an <strong>or</strong>der from <strong>the</strong>Oolomal Government to send down to <strong>the</strong> Oape twenty Griqnas f<strong>or</strong><strong>the</strong> Oape regiment ..•. Was it possible that a people just emergingfrom barbarism, and scarcely able to defend <strong>the</strong>mselves, wouldsend twenty of <strong>the</strong>ir best men to serve at <strong>the</strong> Oape? The result ofnon-compliance with this <strong>or</strong>der was a threat from Government, nnd<strong>the</strong> initiation of a restrictive system, by which <strong>the</strong> Missionaries wereprevented from:croesing<strong>the</strong> n<strong>or</strong><strong>the</strong>rn boundary" (of <strong>the</strong> Oape Oolony).II From this demand dates <strong>the</strong> Griqua rebellion. . • • The rebela<strong>or</strong>Bergenaars, aa <strong>the</strong>y style <strong>the</strong>mselves-were exercising dreadfulDigitized by Goog Ie


ORIGIN OF GRIQUAS. 23barbarities, and reduced many Bechoana tribes to extreme poverty ;<strong>the</strong>re is a blood aooount yet to settle with <strong>the</strong> Griquas.t'It was this and o<strong>the</strong>r divisions amongst <strong>the</strong> Griquaswhich led to a part of <strong>the</strong>m settling south of <strong>the</strong> Vaal,at Philippolis,· a sh<strong>or</strong>t distance n<strong>or</strong>th of <strong>the</strong> OrangeRiver.In <strong>or</strong>der to avoid confusion between <strong>the</strong> disputedterrit<strong>or</strong>y n<strong>or</strong>th, and that south of tho Vaal River,I shall in future describe <strong>the</strong> f<strong>or</strong>mer by its commonname, <strong>the</strong> Campbell-lands, and speak of <strong>the</strong> latter asSQuth <strong>Adamantia</strong>. (See diagram A, at en~ of chapter I.)Bef<strong>or</strong>e passing on from <strong>the</strong> early hist<strong>or</strong>y of <strong>the</strong> Griquas,I cannot do better than describe <strong>the</strong>ir <strong>or</strong>igin in<strong>the</strong> w<strong>or</strong>ds of Mr. W. P<strong>or</strong>ter, <strong>the</strong> late Att<strong>or</strong>ney-Generalof <strong>the</strong> Cape Colony.tII There were also <strong>the</strong>re <strong>the</strong> Bastards, Bprung <strong>or</strong>iginally from <strong>the</strong>intercourse of Dutch settlers with coloured women, a mixed race whoemigrated from this colony early in <strong>the</strong> present century .... F<strong>or</strong>tyyears ago, <strong>or</strong> <strong>the</strong>re<strong>about</strong>s, a man of negro blood who had been aelave, but who had saved, by industry and thrift, money enough tobuy his freedom, collected <strong>about</strong> him a number of Bastards ando<strong>the</strong>r people of colour, who looked up to him as <strong>the</strong>ir head. Thiswas Adam Kok, <strong>the</strong> great-grandfa<strong>the</strong>r of <strong>the</strong> present Adam Kok. tFinding that his people had increased and were increasing, old AdamKok quitted <strong>the</strong> colony, and journeyed into <strong>the</strong> Bushman country,n<strong>or</strong>th of <strong>the</strong> Great River (Orange), where, after some wanderingsand,if rep<strong>or</strong>t lie not, no small destruction of <strong>the</strong> ab<strong>or</strong>igines-he settledin <strong>the</strong> territ<strong>or</strong>y" (of <strong>the</strong> Orange Biver). "Then he was joined byHottentots and free blacks from <strong>the</strong> colony, and by refugees fromvarious native tribes, fonning a community of a singularly mixeddescription."The cruelties referred to by Att<strong>or</strong>ney-General P<strong>or</strong>-• So named after <strong>the</strong> Rev. Dr. Philips, of <strong>the</strong> London MissionarySociety.t See p. 7, Blue Book, .. Orange River COlTe8pOndence, 1851-5."t Still (1872) living as Chief of <strong>the</strong> Griquaa of No Man's Land.Digitized by Coogle


24 .GRIQUA. CRUELTIES.t~r and <strong>the</strong> Rev. J. Lud<strong>or</strong>f, as having been perpetratedupon <strong>the</strong> unf<strong>or</strong>tunate ab<strong>or</strong>igines by <strong>the</strong> Griquas, werenot imaginary, as will be seen from <strong>the</strong> followingstatements and depositions taken from <strong>the</strong> " Friend of<strong>the</strong> Free State," September 9th, 1864, <strong>the</strong> names bywhich <strong>the</strong>y are attested being too well-known in <strong>South</strong>Africa to require any comment of mine.A FEW AUTHENTIO RECORDS ON THE EARLYmSTORY OF GRIQUALAND." WmlJurg, 29tl..4.ugtUt, 1864."To THE EnITOJl-Sm,-I beg <strong>the</strong> insertion in English andDutch of <strong>the</strong> accompanying extracts.Co The Free State is really greatly indebted to <strong>the</strong> Hon<strong>or</strong>able R.Godlonton f<strong>or</strong> <strong>the</strong> services he has rendered to it." In <strong>the</strong> course of a few days, I hope to f<strong>or</strong>ward to you fur<strong>the</strong>rimp<strong>or</strong>tant evidence relative to our right to this country, especially asto <strong>the</strong> extent of country purchased by <strong>the</strong> boers." Yours truly,"J. M. HoWELL."ExTRAClS DOl[ THE GrWR18toum JoUNIIIl." JanUllrg 26th, 1843."Last Saturday Mr. J. Howell, at <strong>the</strong> head of a deputation of<strong>about</strong> thirty farmers, <strong>the</strong> oldest, most respectable, and wealthy in<strong>the</strong> Hantam, was favoured with an interview by <strong>the</strong> lieut.-Govern<strong>or</strong>.His Honour received <strong>the</strong>m very courteously, requesting toknow on whose behalf <strong>the</strong>y appeared, and who <strong>the</strong>y represented.The reply was, <strong>the</strong>y came on behalf of <strong>the</strong> public and emigrants,many of whom, though in arms, had not taken <strong>the</strong>m up againstHer Majesty, but merely in self-protection against a meditatedattack upon <strong>the</strong>m by <strong>the</strong> Basutos. . • . The deputation next adver-, ted to <strong>the</strong> claims of <strong>the</strong> Bastards to be considered an independentpeople, and to which <strong>the</strong>y had no better title than <strong>the</strong>mselves, manyof <strong>the</strong>m having been b<strong>or</strong>n in <strong>the</strong> colony, and all of <strong>the</strong>m springingDigitized by Goog Ie


GRIQUA. CRUELTIES. 25from a race which had emigrated from it. His Honour replied that<strong>the</strong> Chief Kok had land of his own! and that he was by Act of Parliamentrecognized as an independent chief, and l<strong>or</strong>d of <strong>the</strong> soil henow occupies. The depntation maintained that <strong>the</strong> principal partof <strong>the</strong> country which <strong>the</strong> boers occupy, by right appertains to <strong>the</strong>boers, <strong>the</strong>y having pnrcbased it from <strong>the</strong> lawful propriet<strong>or</strong>s, under<strong>the</strong> sanction of Government auth<strong>or</strong>ity. A large tract of countryW8a pnrchased by <strong>the</strong> field-c<strong>or</strong>net Ooetze, and Piet van der Walt,from Danater and Mand<strong>or</strong>, two :Bushmen chiefs, f<strong>or</strong> <strong>about</strong> 8,000sheep and 500 head of cattle. That soou after this a small party ofHottentots emigrated from <strong>the</strong> colony, and took up <strong>the</strong>ir abode atPhilippoIia, from whence <strong>the</strong>y gradually encroached on <strong>the</strong> lands sopurchased, practising <strong>the</strong> most unheard of cruelties upon <strong>the</strong> neighbouringBushmen, and who are now nearly extinct in consequenceof <strong>the</strong> atrocities committed on <strong>the</strong>m by <strong>the</strong> Bastards. Out of two<strong>or</strong> three thousand that f<strong>or</strong>merly occupied this country <strong>the</strong>re are butfive kraals left, and <strong>the</strong>se are almost reduced to a wild state. (See'Philips' Researches.') His Honour remarked that if this wereproved to him, he would take care that <strong>the</strong> Bastards should compensatethose whose lands <strong>the</strong>y had intruded upon. His Honourenquired' f<strong>or</strong> a chart of <strong>the</strong> country in question j but to this it wasreplied that <strong>the</strong>re were no survey<strong>or</strong>s among <strong>the</strong> Bushmen."ExTlU.OT DOli( THB Gral&tuMtoum Journal oJ!' FEB. 16, 1843."No.1. We, <strong>the</strong> undersigutld, hereby certify, and are ready toverify on oath, that <strong>the</strong> statement made by a depntation from NewHantam to his Honour <strong>the</strong> Lieut.-Govern<strong>or</strong> at Coleaberg, that atract of land which <strong>the</strong> Bastards now occupy, that is to say, a tractof land beyond <strong>the</strong> present station of PhiIippoIis, extending fromKuaapzaak river to <strong>the</strong> Drie But river, belongs to <strong>the</strong> boers, havingbeen purchased by <strong>the</strong> field-comot Coetze, and Pieter van der Walt,from Danater and ano<strong>the</strong>r Bushman chief f<strong>or</strong> a considerable numberof sheep and cattle. TluIt ,oon aftw tAi, 4 ,11I4ll ,tJrl, of ,migrMlt,,migraUd from eM coltm" and too" up tluir abod, at PAilippolil, fromto""'CI eMg grtJdu4llg mcroach6d ~,. eM landl '0 pur,kuMl, practising<strong>the</strong> most unheard-of cruelties 011 <strong>the</strong> neighbouring Bushmen, whoare nearly extinct in consequence of <strong>the</strong> atrocities co~tted uponDigitized by Goog Ie .


26 GRIQA CRUELTIES.<strong>the</strong>m by <strong>the</strong> Bastards, is, from our personal knowledge of <strong>the</strong> circumstances,true and c<strong>or</strong>rect."(Signed) JOII.UmE8 CoBTZE, Field-c<strong>or</strong>net," PETRUS VAll' DBR WALT," JOlIN VA." DBR MBRWE," JOlIN V ENTlOIR,"Burghers, now residing in <strong>the</strong> district of Oolesberg. A tru&copy from <strong>the</strong> <strong>or</strong>iginal document."(Signed) JAKES HOWELL.""No. 2.-1, Piet Krankuil, Bu.shman captain, lately of <strong>the</strong> nowca.lledGriqua country, hereby certify, and am ready to verify onoath, that <strong>the</strong> greater part of <strong>the</strong> country now occupied by <strong>the</strong>Bastards was, previous to <strong>the</strong> encroachments of <strong>the</strong>se people,inhabited from time immem<strong>or</strong>ial by our nation, and that part of <strong>the</strong>country was sold (not hired) by our seni<strong>or</strong> oaptain,Kogleman, by ourconsent, to Johannes Ooetze, field-c<strong>or</strong>net, and o<strong>the</strong>rs not now knownto me, f<strong>or</strong> a considerable number of sheep and cattle; this was longago. The reason of my now being in <strong>the</strong> colony, and w<strong>or</strong>king f<strong>or</strong>my food, is because <strong>the</strong> Bastards took away all our cattle, and murderedour people. I myself have been several times attacked, andmy people have been attacked and murdered. The Bastards perpetrated<strong>the</strong> most h<strong>or</strong>rid cruelties on our nation. After <strong>the</strong>y (<strong>the</strong>Bastards) had overpowered a Bushman kraal, <strong>the</strong>y would make alarge fire and throw into it all <strong>the</strong> children and-<strong>the</strong> lambs and kids<strong>the</strong>y could not carry away with <strong>the</strong>m ; and, if <strong>the</strong>y could by anychance lay hands on a grown-up Bushman, <strong>the</strong>y; would cut histhroat. I have known solitary instances where Bushmen have beenshot by boers, but only on oecasions of <strong>the</strong> Bushmen stealing cattleand resisting <strong>the</strong> re-taking. Previou.s to <strong>the</strong> arrival of <strong>the</strong> Bastardsin our land <strong>the</strong>re were m<strong>or</strong>e Bushmen residing in it than <strong>the</strong>re arenow Bastards; <strong>the</strong>re are now only two kraals left of Bushmen, containingan inconsiderable number of inhabitants."(Signed) PmT 1rRAmroIL, his + mark."Done in our presence (Signed) JAKBS HOWELL," OlnuSTOFFEL ROTlDlA.N,,. JOllAl'iNES OoBTZE." A true interpretation of a statement made at Oolesberg by. PietKrankuil, a Bushman chief, <strong>the</strong> 4th day of February, 1843."Digitized by Coogle


ORIQUA. CRUELTIES. 27II No. 3.-1, Hendrik Coetze, hereby certify, and am ready toverify on oath, and by o<strong>the</strong>r mdence, that, sh<strong>or</strong>tly after <strong>the</strong> establishmentof <strong>the</strong> missionary institution at Philippolis, while on ahunting expedition at <strong>the</strong> Drie But, beyond <strong>the</strong> boundary, I metHendrik Hendriks and a number of Bas~; <strong>the</strong>y had with <strong>the</strong>m1,000 head of' cattle, a large quantity of sheep, and aboot 100 Kaftlrprisonere-men, women, and ohildren. From Drie But we proceededto Toomfontein, where I met ano<strong>the</strong>r troop of Bastards,having with <strong>the</strong>m also alarge number of' cattle, and also <strong>about</strong> 100prisoners. These Kaftlrs had a great number of assegais with <strong>the</strong>m,which clearly prove that many of <strong>the</strong>ir number had been killed, <strong>the</strong>81U'Viv<strong>or</strong>s being obliged to carry <strong>the</strong> arms of <strong>the</strong> deceased." (Signed) H. COETZB.II A trne translation. (Signed) JAKES HOWELL.""No. 4.-1 hereby certify, and am. ready to verify on oath, that,in <strong>the</strong> month of Febrnary, 1842, a number of Bastards belonging toPhilippolis passed my place beyond <strong>the</strong> boundary, having with <strong>the</strong>ma number of cattle and sheep. Buend Pienau, one of <strong>the</strong> Bastards,came to me and inf<strong>or</strong>med me that <strong>the</strong>y had taken <strong>the</strong> cattle fro_Jan Kyllo's bro<strong>the</strong>r, and that <strong>the</strong>y had cleared <strong>the</strong> country. TheBastards had also with <strong>the</strong>m thirty-three stand of arms, which <strong>the</strong>yW taken from <strong>the</strong> Ka.ffi.rs." (Signed) 'T.TABD VAN DEB WALT, .TUN." A trne translation from <strong>the</strong> <strong>or</strong>iginal document.c. (Signed) JAnS HoWELL.""No. S.-Some few years ago, while travelling in <strong>the</strong> Bastardcountry, I met with a heap of human bones. On enquiring of oneAbraham Jager, a Bastard, <strong>the</strong> occasion of <strong>the</strong>ir being <strong>the</strong>re, thiaman inf<strong>or</strong>med me that he and o<strong>the</strong>r Bastards had <strong>the</strong>re caughtthirty Bushmen and cut <strong>the</strong>ir throats." A true translation from <strong>the</strong> <strong>or</strong>iginal document."(Signed) JAnS HoWELL." [The name of <strong>the</strong> person signing Ulls document is given to us, butour c<strong>or</strong>respondent requests, f<strong>or</strong>' weighty reasons,' that it may atpresent be omitted."-ED.]Digitized by Goog Ie


28 GRIQUA CRUELTIES.UNo. 6.-1, <strong>the</strong> undersigned, hereby certify, and am ready toverify on oath, that, <strong>about</strong> <strong>the</strong> year 1826, while on <strong>the</strong> banks of'<strong>the</strong>Modder River, I fell in with a number of Ksftirs; I <strong>the</strong>n sent to<strong>the</strong>m a Ka.fIir I had brought from <strong>the</strong> colony to speak to <strong>the</strong>m, andbring some of <strong>the</strong>m up to our waggona. They came, and inf<strong>or</strong>medme <strong>the</strong>y were flying from <strong>the</strong> Griquas, who had murdered many of'<strong>the</strong>ir people, and had taken away all <strong>the</strong>ir cattle. They were <strong>the</strong>nliving on roots and grass, and <strong>the</strong>y pointed out a large stone kraalwhich appeared to have contained recently a large number ofcattle. ."(Signed) PETRUS JOHANNBS SKIT."A true translation. (Signed) JAliES HowELL.•• The f<strong>or</strong>egoing are c<strong>or</strong>rectly copied £rom <strong>the</strong> GraluMliltown Jountlllof <strong>the</strong> dates given."R. GoDLONTOB."During a full decade war and devastation prevailedthroughout <strong>the</strong> country intersected by <strong>the</strong> Vaal. TheGriquas, under <strong>the</strong> Koks, Barends, Pienaar, CarolusBatjee, Jan Bloem, and o<strong>the</strong>r petty chiefs; <strong>the</strong>Hottentots, K<strong>or</strong>anas, and Bushmen, under <strong>the</strong>ir leaders<strong>African</strong>er, Golan, Gert Taaibosch, David Dantzer,Mand<strong>or</strong>, Scheel Cobus (Kousopp), and o<strong>the</strong>rs; killedand plundered each o<strong>the</strong>r, and many branches of <strong>the</strong>Bechoana Kafir nation, pretty indiscriminately.About <strong>the</strong> year 1820, however, a new power cameupon <strong>the</strong> scene; when <strong>the</strong> wars and ravages began todecrease.As it is my desire that every statement of fact Imake, and every political event I assert, may be fullyproved and c<strong>or</strong>rob<strong>or</strong>ated by indisputable documentaryand auth<strong>or</strong>itive evidence, I cannot do better than giveAtt<strong>or</strong>ney-General P<strong>or</strong>ter's description of <strong>the</strong> arrival of .<strong>the</strong> power referred to.Digitized by Goog Ie


ARRIVAL Of' DUTCH. 29Two powers claim <strong>Adamantia</strong>-<strong>the</strong> Griquas, underWaterboer, and <strong>the</strong> Government of <strong>the</strong> Orange FreeState-so that a- very imp<strong>or</strong>tant subject is to first ofall establish <strong>the</strong> <strong>or</strong>iginal title, tenit<strong>or</strong>ial right, <strong>or</strong>assumption of dominion upon <strong>the</strong> part of ei<strong>the</strong>rclaimant.Upon this very subject is it that <strong>the</strong> highest lawofficer of <strong>the</strong> Cape Colony, in 1849, was furnishing anofficial rep<strong>or</strong>t to Earl Grey, and wrote :--" About <strong>the</strong> year 1825, <strong>or</strong> perhaps earlier, oolonial cattle-farmers,su1f'ering from <strong>the</strong> droughts so oommon in <strong>the</strong> n<strong>or</strong><strong>the</strong>m districts of<strong>the</strong> colony, and tempted by <strong>the</strong> stronger springs and better herbageto be found beyond <strong>the</strong> Orange River, began to drive <strong>the</strong>ir 1locksto <strong>the</strong> o<strong>the</strong>r side in search of temp<strong>or</strong>ary pasturage. Little <strong>or</strong> noopposition to <strong>the</strong>se movements was made by any parties claiming tobe <strong>the</strong> owners of <strong>the</strong> soil. n. r.,- eo wAich eM colonil" jirBtr,IfW'Utl t J<strong>or</strong> grill' ,nul w'" could , .. c.ly 6, 'flUi to ,.",,, fltty aceUtllJIOIIIUOTi. The Boajeamana, <strong>the</strong> true ab<strong>or</strong>igines of <strong>the</strong> country,had ei<strong>the</strong>r been exterminated <strong>or</strong> reduced to slavery, <strong>or</strong> hunted intoholes and cavema in <strong>the</strong> mountains by conquer<strong>or</strong>s partly Hottentotand partly Kaiir.TA. who,. mrit<strong>or</strong>y Will ftIfIJly "UW flntI tAw,pHpW • •••• Under this name (Griqua) political independencewas claimed, <strong>or</strong> at least exercised, and Adam Kok was declared tobe supreme chief, <strong>or</strong> captain. Disputes, however, soon arose whichsplit <strong>the</strong> population into two parts, and finally resulted in a GriquaGovemment under Wlltnoow, at Griquatown,t and a Griqua Governmentunder old Adam Kok, at what is now called Philippolis." '11'1IRlur <strong>or</strong> noe tAl GritjufII ww, alrllU1l1 in tM counery w"u" tMyftOfJ) 0C4Up1J wAIn eM oow, fir" lHg",. to WOI' eM Orflng' Bif)"', iI fIpoi'" whu" I Twrtl fiwc.zy tliIputItl .-nI845, when I was iu Griqualandin attendance upon Sir Peregrine Maitland. TlffIt tAi, point• See p. 7, "Blue Book, "Orange River O<strong>or</strong>responden08, 1851-4."t This region comprised <strong>South</strong> <strong>Adamantia</strong>. and generally <strong>the</strong> wholeterrit<strong>or</strong>y lying between <strong>the</strong> angle of confluence of <strong>the</strong> VaaJ and OrangeBivers.~ See diagram A, end of Ohapter I.Digitized by Goog Ie


30 SETTLEMENT OF DUTCH.iMriltlIuiAJl 11M ..,,,. fIIOOW i/ww,d tM ,.lMIt <strong>or</strong>igin oj Griitlll rigAe,and it is, <strong>the</strong>ref<strong>or</strong>e, m.a~ of no surprise that <strong>the</strong> boer <strong>or</strong> his herdsmanwas 80 1lD1'68istingly allowed to lead his cattle to whateverspring <strong>or</strong> spot best suited him."It is here necessary to explain that <strong>the</strong> Griquas withwhom <strong>the</strong> hOBra, <strong>or</strong> Dutch emigrant farmers, cameinto contact, were those under Adam Kok, who (aspreviously mentioned, and fur<strong>the</strong>r to be referred to),after some dispute and difficulty with <strong>the</strong> missionaryat Griquatown, in 1816, left that place, and, with hisfollowers, settled at a spot on <strong>the</strong> Orange River known8.8 Slijpsteen (? Backhouse), which he eventually abandoned,and removed to Philippolis <strong>about</strong> <strong>the</strong> year 1820.Philippolis being many miles south of <strong>South</strong> <strong>Adamantia</strong>,it is quite evident that Att<strong>or</strong>ney-General P<strong>or</strong>ter wasc<strong>or</strong>rect in his view that <strong>the</strong> Gnqu8.8 had no betterclaim than <strong>the</strong> hOBra to waste lands visited by bothparties f<strong>or</strong> <strong>the</strong> same purpose-:-temp<strong>or</strong>ary pasturage.Indeed, acc<strong>or</strong>ding to many, <strong>the</strong> hoera were decidedly<strong>the</strong> first to enter and occupy <strong>South</strong> <strong>Adamantia</strong>, asappears from <strong>the</strong> italicised passage, stating a right bypurchase, in <strong>the</strong> depositions already quoted in thischapter. . I find, m<strong>or</strong>eover, in a despatch from Maj<strong>or</strong>Warden, British resident at Bloemfontein, datedAugust 3, 1850, to H. E., Govern<strong>or</strong> and High Commissioner,Sir Harry Smith, <strong>the</strong> following statementwhich confirms that above-mentioned :--". The Van Wijk's country (between <strong>the</strong> Vaal and ModderRivers) was purchased by <strong>the</strong> boers many years ago from <strong>the</strong>Bushman chief, David Dantzer, and now comes ano<strong>the</strong>r claimantf<strong>or</strong> <strong>the</strong> l8Dle, stating that he was ever considered a greater chietthan Danber, and that his fa<strong>the</strong>r had all <strong>the</strong> Bushmen of that tract• See p. 46, Annexure 20, Blue Book, ":Minutes of Meeting at Nooit.gedacbt." O.F.S.Digitized by Goog Ie


THEIR RIGHTS TO THE LAND. 31of country under him f<strong>or</strong> years. I told Kouaopp that his Excellency'sproclamation had long ago sottled all such matters, aM eMteM lImtl 6,lotIglll w eM IJow occupanu."Still fur<strong>the</strong>r proof as to <strong>the</strong> purchase of land by <strong>the</strong>hoer8 was furnished by Assist.-Com.-Gen. Green, <strong>the</strong>nBritish resident at Bloemfontein, <strong>the</strong> principal townin <strong>the</strong> new colony, in June, 1852, in a very ablerep<strong>or</strong>t, entitled, "Notes on <strong>the</strong> Orange River Sovereignty."This interesting document was supplied toLieut.-Gen. Sir Ge<strong>or</strong>ge Cathcart, High Commissionerand Govern<strong>or</strong> of <strong>the</strong> Cape at that time. From it wecull <strong>the</strong> following extract :*-"In <strong>the</strong> years 1835-6 <strong>the</strong> well-known emigration of <strong>the</strong> boers.from <strong>the</strong> Colony took place. . • • .U A second party, under <strong>the</strong> guidance of Potgietu, purchasedfrom <strong>the</strong> Ohlet Mataquan that p<strong>or</strong>tion of <strong>the</strong> sovereignty lyingbetween <strong>the</strong> Vet and Vaal Rivers; and a third, under Foune,obtained in <strong>the</strong> same manner, from <strong>the</strong> K<strong>or</strong>ana Ohlet, DavidDantzeT, an extensive tract of country to t he westward of Bloemfontein,betwoon <strong>the</strong> Modder and Vaa1." tBef<strong>or</strong>e proceeding with Mr. P<strong>or</strong>ter's narrative of <strong>the</strong>hoer- settlement n<strong>or</strong>th of <strong>the</strong> 'Orange, as also bearingdirectly upon <strong>the</strong> disputed point of first occupation, I.quote from a. "Despatch from Govern<strong>or</strong> Sir H. G.Smith to Earl Grey, King William's Town, Kafraria,January 20, 1851," this imp<strong>or</strong>tant paragraph:" t 4. I must here 8II81lr8 your L<strong>or</strong>dship that Captain AdamKok and his followers ,.., "."., 'fUII""., and Mr;, no m<strong>or</strong>, lurlllitwrgrigAt w tM country in glllltion IMn eM 6ow. tTumllZv", who havpbeen in <strong>the</strong> habit, f<strong>or</strong> many years, f<strong>or</strong> <strong>the</strong> sake of pasturage, ofdriTing <strong>the</strong>ir herds and Hocks over <strong>the</strong> Orange River."This distinct opinion is very valuable, as being that• See p. 50, Blue Book (2) .. Orange River O<strong>or</strong>respondence," 1851--4.t This very tract of country is ftOtD claimed by <strong>the</strong> Griquil. Waterboer.:: See p. 82, Blue Book, .. Orange River O<strong>or</strong>respondence," 1851.4..Digitized by Goog Ie


32 ATTORNEY-GENERAL PORTER'S REPORT.of perhaps <strong>the</strong> wisest and most popular of all <strong>the</strong> Cape-Colony Govern<strong>or</strong>s. .Att<strong>or</strong>ney-General P<strong>or</strong>ter's narrative continues fromwhere we left off :- -" At first, this s<strong>or</strong>t of occupation was temp<strong>or</strong>ary, and ceased with.<strong>the</strong> drought which led to it. But imperceptibly it became permanent,sometimes, perhaps, taken -by strong hand, but m<strong>or</strong>e frequentlymade<strong>the</strong> subject of purchase from some Griqua, who, making littl&<strong>or</strong> no use of his land, was ready to sell it upon very easy terms._But it was not until many years had elapsed that <strong>the</strong> emigrationbecame a matter of political imp<strong>or</strong>tance. True, indeed, even itsbeginnings were discountenanced by <strong>the</strong> Colonial Government. Ourfrontierauth<strong>or</strong>ities were enjoined as much as poeaible to prevent it j'"but, as in <strong>the</strong> case of almost every successive movement beyond <strong>the</strong>boundary f<strong>or</strong> <strong>the</strong> time being, from <strong>the</strong> period when <strong>the</strong> Oape Colonywascontained within <strong>the</strong> Cape Town military lines, till nbw that ithas reached <strong>the</strong> Orange River and <strong>the</strong> Keiskamma, all <strong>the</strong> eff<strong>or</strong>ts <strong>or</strong><strong>the</strong>Colonial Government to stay <strong>the</strong> progress of <strong>the</strong> people provedunavailing. Down, however, to what may be called <strong>the</strong> GreatEmigration, which set in in 1836, <strong>the</strong> boers beyond <strong>the</strong> boundarygave little trouble, and excited, except in a few far-seeing men,..little apprehension. But matters became truly serious when anemigrationbegan which was in its character 8888ntiallypolitical al\danti-English, t springing in no ~all degree out of old national feel-­inga, embittered by what, conducted as it was, was considered andcalled robbery,-<strong>the</strong> slave emancipation.• Why this opposition to <strong>the</strong> Dutch colonizationP CertRin1.y not from,.<strong>the</strong> native-protecting pretended philanthropic motives given by <strong>the</strong>British Government; because British policy and British aggrandizement,·at <strong>the</strong> expense of natives in every qua.rter of <strong>the</strong> globe, prove suchreason both absurd and hypocritical. No! <strong>the</strong> real motive was doubtlessselfishness and jealousy, <strong>the</strong> dislike to see o<strong>the</strong>r people get lands_f<strong>or</strong> nothing as we had done, <strong>the</strong> hatred to see Dutch colonists thrive aswehad, and <strong>the</strong> dread to see <strong>the</strong> Colony unpeopled.t One would have naturally thought that matters would have beenmuch m<strong>or</strong>e serious had <strong>the</strong>se Dutch haters of British rule remained in<strong>the</strong> colony. Had it not been f<strong>or</strong> <strong>the</strong> fact that <strong>the</strong> Colonial and Home­Governments were jealous of <strong>the</strong>m moving off. settliDg, and succeedingelsewhere. <strong>the</strong>y would certainly have rejoiced at <strong>the</strong> voluntary exit of­-so maDY disaffected subjects.Digitized by Goog Ie


ATTORNEY-GENERA.L PORTER'S REPORT. 3~II The emigrants, through many dangers and much los9, roachedNatal, and, after destroying Dingaan, <strong>the</strong> most powerful andferocious of <strong>the</strong> native chiefs who had tried to resist <strong>the</strong>m, first bytreachery and next by f<strong>or</strong>ce, <strong>the</strong>y proclaimed a Hatavian republic.The aasertion at Natal of British sovereignty by f<strong>or</strong>ce of arDlII havingbecome necessary, one effect of this measure was to send over <strong>the</strong>Drakensberg mountains a number of emigrants who carried With<strong>the</strong>m, into what is now <strong>the</strong> Orange River Sovereignty, a rootedantipathy to British rule,-whilst ano<strong>the</strong>r effect was, that <strong>the</strong> tideof emigration, instead of flowing into Natal, was <strong>the</strong>ncef<strong>or</strong>th stayedat <strong>the</strong> Drakenaberg, to spread and spend itself over <strong>the</strong> whole landbetween those mountains and <strong>the</strong> Great River. Then began a stateof things too well known to need description. The .B, with <strong>the</strong>irguns in <strong>the</strong>ir hands, disputed native titles in all directions, and as<strong>the</strong>ir antagonists held in general only tIBIegtlN, <strong>the</strong> lJow, got thobetter in <strong>the</strong> argument. True it was that <strong>the</strong>re were native titleswhich covered every, inch of <strong>the</strong> entire country; nay, that in manycases <strong>the</strong> same tract of laud was loudly claimed by several ohiefs atonce. The disputes of Maroko and Moshesb, and of Sikonyella andMosbesh, not to speak of o<strong>the</strong>rs, are well known to all who take aninterest in such controversies. But <strong>the</strong> how, regarded those nativeclaims to immense posseaaions as <strong>the</strong> common foible of all rudetribes, and practically evinced <strong>the</strong>ir determination to judge f<strong>or</strong><strong>the</strong>mselves what laud was so occupied as to be really and legitimately<strong>the</strong> property of tribes tOM W COf1IB tAw, "Plm 1M ,tlnu B<strong>or</strong>t of".,.tlM fIB IAImB,"" '0 ,.,omtly lJIf<strong>or</strong>fJ eMir OIDn twriDtIl. In thismanner, and not without much mutual recrimination, it oame topass that emigrants from <strong>the</strong> Oolony settled <strong>the</strong>mselves down inmany parts .. of what is now <strong>the</strong> new sovereignty. They assumedabsolute' independence. They established something which <strong>the</strong>ycalled a government, mimicked from <strong>the</strong> old Colony.They had<strong>the</strong>ir landrosts, <strong>the</strong>ir field-c<strong>or</strong>nets, <strong>the</strong>ir volksraads."Att<strong>or</strong>ney-General P<strong>or</strong>ter's narration of events, toge<strong>the</strong>rwith <strong>the</strong> statements of Maj<strong>or</strong> Warden and SirHarry Smith, clearly establish some very imp<strong>or</strong>tantfacts, vis. :-'• <strong>South</strong> <strong>Adamantia</strong> amongst o<strong>the</strong>r parts; althongh <strong>the</strong>re, at least,<strong>the</strong>re were not any native titles to dispute, and only here and <strong>the</strong>re• rival Griqna claim of no m<strong>or</strong>e ancient existence than <strong>the</strong>ir OWD.DDigitized by Goog Ie


34 CONCLUSIONS.1. That <strong>the</strong> emigrant farmers found no one except Bushmenwith whom to dispute territ<strong>or</strong>ial rights; that but few of <strong>the</strong>m existed;a.nfl that <strong>the</strong>y sold <strong>the</strong>ir rights to <strong>the</strong> .,.2. That <strong>the</strong> title to land by squatter's rights, <strong>or</strong> by <strong>the</strong> occupatiOllof what may legitimately be considered U waste lands," applieseq11&lly to _, and Griquas, whose arrival and settlement between<strong>the</strong> Orange and Vaal Rivers was so evidently contemp<strong>or</strong>aneous.3. That in reality <strong>the</strong> beet right any of <strong>the</strong> Griquas possessed. to <strong>the</strong> lands <strong>the</strong>y claimed was when a lJoer ei<strong>the</strong>r hired a farm <strong>or</strong>bought <strong>the</strong> lease from <strong>the</strong>m.From <strong>the</strong> year 1820 until 1845 th9 numbers andpossessions of <strong>the</strong> emigrant farmers continued steadilyto increase: <strong>the</strong>y governed <strong>the</strong>mselves, and graduallybecame a power in <strong>South</strong> Africa.Having explained <strong>the</strong> arrival and settlement of both<strong>the</strong> !Joers and Griquas in <strong>Adamantia</strong> and <strong>the</strong> adjacentcountry, bef<strong>or</strong>e describing <strong>the</strong> events which, in 1845,led to <strong>the</strong> f<strong>or</strong>cible resumption of British sovereigntyover <strong>the</strong> boers, it is necessary that we revert to <strong>the</strong>Griquas, and seewhat <strong>the</strong>y were doing in <strong>the</strong>meanwhile.-From <strong>the</strong> sw<strong>or</strong>n deposition of an old Griqua official,one of <strong>the</strong> <strong>or</strong>iginal emigrants and squatters who settledin <strong>the</strong> Campbell-lands, we are enabled to fill in <strong>the</strong>principal hist<strong>or</strong>ical and political events until <strong>the</strong> periodwhen British intervention made both boers and Griquas,f<strong>or</strong> a time, submit to <strong>the</strong> Queen's sovereignty agam,and resume <strong>the</strong> allegiance <strong>the</strong>ir emigration had placedin abeyance.• This deposition waa taken bef<strong>or</strong>e Mr. J. G. Siebert, Landroatof Pauresmith, at that place, on <strong>the</strong> 5th of February, 1863; and wasobtained as evidence and inf<strong>or</strong>mation f<strong>or</strong> <strong>the</strong> use of a landcommission appointed <strong>about</strong> that time, b1 <strong>the</strong> Government of <strong>the</strong>01'&Dge Free State, to inquire into and investigate certain claims ofthat State to <strong>the</strong> Campbelliandll. VIde p. 10, ADnexnreB, Blue Book.. Kinutes of Meeting at Nooitgedacht," O.F.S.Digitized by Goog Ie


DECLARATION OF H. HENDlUKSE. 35£, J, Hendrik Headribe, f<strong>or</strong>merly Griqu Govenment Se<strong>or</strong>etar7,declare faithfully and 80leumly <strong>the</strong> following circwnsta.Dcee:-"I was present in <strong>the</strong> year 1811 with <strong>the</strong> first emigration of <strong>the</strong>Griqua nation from <strong>the</strong> Kamiesbergeu, in <strong>the</strong> Oape Colony, to OTer<strong>the</strong> Orange Biver, to a place later called Griqu Town. We weresent by our lawful Oaptain, Adam Kok. • • •" The bef<strong>or</strong>e mentioned Adam Kok made over his Government tohis son, C<strong>or</strong>nelius Kok. • . ." The latter did not come with us, but we went under <strong>the</strong> commandof his two BOna, Adam-eommoDlyoalled Dam-and C<strong>or</strong>nell.Kok, <strong>the</strong> last Ohief of Oampbell."About <strong>the</strong> year 1815 old C<strong>or</strong>nelius himself came <strong>the</strong>re, and onhis death-which took place at KOufonops Drift, ou <strong>the</strong> Vaal River,he nomina.ted his son, Dam Kok, as Ohlef' of <strong>the</strong> whole Griquanation, with all its grounds, andhis son, O<strong>or</strong>nelius, was made Ohlefof <strong>the</strong> family branch of 'de Ko'ks.' This was done in acc<strong>or</strong>dancewith <strong>the</strong> Griqua laws and customs. It was <strong>the</strong>n also recognised by<strong>the</strong> British Government; f<strong>or</strong> <strong>the</strong> first mentioned received from <strong>the</strong>ma staff of office, and <strong>the</strong> laat-mentioned a family sta.ft'-being a canewith a golden knob."The groundaofwhich <strong>the</strong>y <strong>the</strong>n took po88888ion, by command of<strong>the</strong>ir grandfa<strong>the</strong>r as well as <strong>the</strong>ir fa<strong>the</strong>r, were waste and uninhabited.The ground <strong>the</strong>n extended:-." On <strong>the</strong> west, to <strong>the</strong> Orange River; on <strong>the</strong> south, to <strong>the</strong> Vaal)Biver; ou <strong>the</strong> east, to <strong>the</strong> Harts River; and 0 n <strong>the</strong> n<strong>or</strong>lh, to a placecalled Keis, on <strong>the</strong> Orauge River, with <strong>the</strong> Ka.fir line round to Boutchap,on <strong>the</strong> Harts River; but this line was a.£terwards half waybetween Campbell and Boutchap, because <strong>the</strong> last mentioned placeas given up to Barend Barends, but now it is under Oampbell."The distinct definition of <strong>the</strong>se boundaries has becomea very imp<strong>or</strong>tant matter, since <strong>the</strong> presentGriqua chief put f<strong>or</strong>th a most impudent claim, utterlyunwarrantable, to lands far beyond <strong>the</strong>se lines soclearly stated by Hendrik Hendrikse, in whose c<strong>or</strong>rob<strong>or</strong>ationvery ample evidence exists, and whose definitionI have decided to maintain as that of <strong>the</strong> very• See diagram A (end of ohap. 1).D2Digitized by Goog Ie


36 A. MISSIONARY STDmETH UP STRIFE.land rightly pertaining to <strong>the</strong> Griquas at <strong>the</strong> presentday, with but one addition (known as Albania), andbut one exception (<strong>the</strong> Campbell-lands).To resume our extracts from Hendrikse's deposition:"Adam, <strong>or</strong> Dam Kok, was appointed to rule at Griqua Town,and C<strong>or</strong>nelius Kok at Campbell. . • • ."About <strong>the</strong> year 1816, difFerences arose between Dam Kok, <strong>the</strong>Chief of Griqua Town, and <strong>the</strong> miaaionary residing <strong>the</strong>re. The differencearose <strong>about</strong> punishing criminals guilty of capital crimes,whom Dam Kok wished to have punished, and against which <strong>the</strong>missionary objected."It seems that <strong>the</strong> rev.- gentleman cherished somevague Utopian hope to found ano<strong>the</strong>r Eden (a half tothree-quarter caste one this time) in <strong>the</strong> wilderness.Dam Kok had a very laudable and much provokeddesire to establish an <strong>African</strong> edition of <strong>the</strong> w<strong>or</strong>thyCalcraft as a permanent institution. To prevent thisabomination w<strong>or</strong>ked <strong>the</strong> missionary tooth and nail;succeeding, deponent testifyeth, without extreme toil,in converting many of <strong>the</strong> heterogeneous ga<strong>the</strong>ring ofvaried race and colour to his views. So Dam Kok<strong>the</strong>accursed-had to remove him from <strong>the</strong> Arcadianvicinity, where, in future, such of <strong>the</strong> dis<strong>or</strong>derly, rebellious" contents" as became homicides had a gl<strong>or</strong>ioustime of it-no o<strong>the</strong>r punishments, no such atrocitiesand abominations as jails, treadmills. hard labour, n<strong>or</strong>solitary confinement being known amongst this primitivepeople.That <strong>the</strong> rev. gentleman should so easily havecaused so serious a schism in tlie camp of his entertainercannot be a matter of surprise to people whochance to have had <strong>the</strong> pleasure of a personal acquaintancewith those euphoniously-named beings, <strong>the</strong>Griquas. Such enlightened travellers will experienceDigitized by Goog Ie


EVULSION OF THE FlBBT WATERBOER. 37but faint difficulty in appreciating <strong>the</strong> fact that, amongstold Dam's mixed breeds-comprehending every colourfrom deepest black to palest, most sickly-lookingyellow-such accidents as killing a man on purpose,when <strong>the</strong> beloved beverage known so poetically, 80e<strong>the</strong>rially, as " Cape Smoke ".was to be obtained, wereby no means very unlikely; ergo, it follows, as asimple logical conclusion, that <strong>the</strong>se gentry wouldlook with peculiar favour upon <strong>the</strong> reverend propositionand any prominent member of <strong>the</strong>ir tribe whomight second it and oppose <strong>the</strong> old chief. Such anindividual appeared in <strong>the</strong> person of one I AndriesWaterboer, fa<strong>the</strong>r of <strong>the</strong> present Griqua chief whoe1aims <strong>the</strong> <strong>diamond</strong> <strong>fields</strong>.It was at this time that old Dam Kok, in <strong>the</strong> w<strong>or</strong>ds.of Hendrikse :-"Left <strong>the</strong> Government of Griqua Town to his uncle, Adam Kok,-oommonly called C K<strong>or</strong>t Adam,' and went up a little higher on <strong>the</strong>Orange River to a place now called • Blijpateen.' The provisional.eapiaiu, 'K<strong>or</strong>t Adam,' being prevented, through much w<strong>or</strong>k (hewas a blacksmith) doing everything &8 Oaptain, again nominated aBushman Hottentot-who had followed Adam Kok &8 • Achterrijder,·(a s<strong>or</strong>t of groom), and <strong>the</strong>n acted &8 meaaenger (<strong>or</strong> ooDatable) at <strong>the</strong>place-to manage <strong>the</strong> local affairs of Griqua Town. This wasWaterboer. • . . .c'.As <strong>the</strong> miaaionaries aided with Waterboer' and against DamKok • . • <strong>the</strong>y contrived to effect that <strong>the</strong> British Governmentrecognized Waterboer &8 Ohler, <strong>or</strong> at least made a treaty withmm.- ...U Dam Kok <strong>the</strong>n resided at Philippolis, where he was a1.eo reoog­Dized &8 Chief by <strong>the</strong> British Government." Waterboer <strong>the</strong>n went out with commando to take cattle" (to1Iteal <strong>the</strong>m is meant), "even &8 far as Bleutelspo<strong>or</strong>t, near toFauresmith, to Jan Bloem, "here he lifted in one night m<strong>or</strong>e thaD• Treaty between Sir B. D'Urban and Waterboer, 18M.Digitized by Goog Ie


38 BOUNDARY IUDE BETWEEN CAMPBELL AND GRIQUA TOWN.400 hea4 of cattle, whilat .. men were at Philippolis; and <strong>the</strong>nalso disputed <strong>the</strong> right of possession of Campbell with C<strong>or</strong>neliusXok." .The missionary's protege and his followers do notseem to have been a very comf<strong>or</strong>table set to have asnear neighbours-in fact, to be within raid4tg distanceof. The reverend gentleman seems to have· inculcatedan entirely new version of <strong>the</strong> whole ten commandments.Murder being, by <strong>the</strong> new code, venial;robbery, no doubt, was deemed ra<strong>the</strong>r virtuouS thano<strong>the</strong>rwise.Mr. Hendrikse continues :-"Dam. Kok, as being chief of <strong>the</strong> whole Griqua nation, onhearing all this, went with his fa<strong>the</strong>r, and compelled <strong>the</strong>m to ma.kepea.ee, in <strong>the</strong> presence of Dr. Smith and many o<strong>the</strong>rs, in <strong>the</strong> followingmanner: He fixed a boundary line between Griqua Town andCampbell, resigned his government of Griqua Town to Waterboer(f<strong>or</strong> <strong>the</strong> missionaries had already spoilt matters), and Comelius Kokhad <strong>the</strong> govemment of Campbell with its grounds."The boundary line fixed between Griqua Town and Campbellwas &8 follows:-• ccFrom <strong>the</strong> drift through Vaal River, called Koukonap, on <strong>the</strong>n<strong>or</strong>th, to Withuis; from <strong>the</strong>re to a great tree half-way betweenCampbell and Griqua Town; from <strong>the</strong>re to Kogelbeen; from <strong>the</strong>rehalf way to Daniel's Kuil; and from <strong>the</strong>re half way to Boutchap(all <strong>the</strong> half ways are reckoned from Campbell); and fromHarts River, and down along Harts River till in Vaal River;abd down along Vaal River to <strong>the</strong> first mentioned drift, Koukonap."This accurate definition of <strong>the</strong> exact. boundaries of<strong>the</strong> Campbell lands, as well as of <strong>the</strong> <strong>or</strong>iginal linemade between Campbell and Griqua Town, <strong>about</strong> <strong>the</strong>year 1820, is eXtremely valuable, and requires to beearefully remembered; proving, as it does, how entirely• Vide diagram A.. (ead of chap. I).Digitized by Goog Ie


--------------~-- ------HISTORICAL EVENTS (GRIQUA).<strong>the</strong> two chiefs were independent of each o<strong>the</strong>r, andhow distinctly <strong>the</strong>ir lands were marked off and separatedby <strong>the</strong>ir superi<strong>or</strong>s-facts now shirked, evaded,and denied by Waterboer, <strong>the</strong> Chief of Griqua Town, in<strong>or</strong>der to put f<strong>or</strong>th his fraudulent claim. to <strong>the</strong> <strong>diamond</strong>iferoU8Campbell lands and <strong>South</strong> <strong>Adamantia</strong>." After <strong>the</strong> ground on <strong>the</strong> n<strong>or</strong>th of <strong>the</strong> Vaal River had been maderight, Dam Kok exchanged (plU'Chased <strong>or</strong> obtained by exohaDge)<strong>the</strong> ground on <strong>the</strong> south of Vaal River from <strong>the</strong> Bushmen, and <strong>the</strong>y<strong>the</strong>n all stood under <strong>the</strong> government of Philippolis. Dam Kok <strong>the</strong>ndied.II C<strong>or</strong>nelius Kok <strong>the</strong>n sold in an illegal mBDll8r lands on this, <strong>or</strong><strong>the</strong> BOUth aide, of Vaal River; but of this hereafter.II He also assisted Abram Kok to fight against his bro<strong>the</strong>r, AdamKok (<strong>the</strong> legitimate success<strong>or</strong> to <strong>the</strong> paramount chieftainship), in1837. Adam Kok drove <strong>the</strong>m all away to <strong>the</strong> so-called David's Gr8.f.The war was waged <strong>about</strong> <strong>the</strong> chieftainship between Abram andAdam Kok; and Adam Kok was <strong>the</strong>n recognized as chiel in hisfa<strong>the</strong>r'. (Dam Kok's) place."Digitized by Goog Ie


40 INCREASE OF EMIGBANTS.CHAPTER III ..BIUTISH INTERVENTION NORTH OF THE ORANGE RIVER;CREATION OF AN ORANGE RIVER SOVEREIGNTY; ITSAlwmoNlrlENT; ORIGIN OF THE ORANGE FREE STA.TE.HOBTILlTDB HTW'BEN BOERS A.lO> GRrQUAS: LATTBR AalIsTBD BYBR ITIS-ESTAlILI8BlIBNT 01' BRITIBJI RESmUT.-A'l"l'OBl'OlY­GDlUlAL PORTER'S REPOBT THJmEON, A.lO> Sm P. lLuTr.Alm'BTmu.TY WITH ADAK Kox.-BoUNDUY OF TJlB LATTER'S TEmu­TORY.-PJlOOLAl(ATION BY SIB H. SMITH 01' TJIB ORANGE RIVSRTmmIToRY AS A. BRITI8JI SOVERBIGlITY.-HOSTILITIlIS BNSUlI.­BmTI8JI VIC1'ORIOUS; A.lO> Sm H. SIQTl[ :BEOTIPIB8 Sm P.1rl..A..m.ANn's TREATY WITJI GRIQUAS.-By TJIB NEW TREATY TBBBODB BECOME PBRPETUAL LUSEJlOLDERS 01' TlIEm F.AlIJ[B INGRIQUA. L.um.-ABANDONlIENT OF SOVEREIGlITY; AND 001!fVEN­TION EaT.ABLISJlING ORANGE FllEE STATE.During some years no event occurred in <strong>the</strong> OrangeRiver Territ<strong>or</strong>y ei<strong>the</strong>r politically <strong>or</strong> hist<strong>or</strong>ically imp<strong>or</strong>tant.Up to <strong>the</strong> Vaal River <strong>the</strong> whole country was fastgetting entirely occupied by <strong>the</strong> Dutch emigrantfarmers, whilst many o<strong>the</strong>rs had already crossed <strong>the</strong>Vaal and founded <strong>the</strong> Transvaal, now known as <strong>the</strong><strong>South</strong> <strong>African</strong> republic.At length, in <strong>the</strong> year 184:5, a serious trouble cameupon <strong>the</strong> new colony.Digitized by Goog Ie


ASSIST.-COM.-GEN. GREEN'S REPORT. 41•In <strong>the</strong> w<strong>or</strong>ds of Assist.-Com.-Gen. Green, Adam.Kok, <strong>the</strong> Griqua chief, "began to be alarmed lest <strong>the</strong>whole of his territ<strong>or</strong>y should pass into <strong>the</strong> hands of <strong>the</strong>newcomers, which, added to <strong>the</strong> jealousy of <strong>the</strong> people<strong>the</strong>mselves at <strong>the</strong> prosperity of <strong>the</strong> industrious boers,and a desire to break <strong>the</strong>ir long leases (usually held f<strong>or</strong>40 years), caused <strong>the</strong>m to watch eagerly f<strong>or</strong> a pretext toget rid of <strong>the</strong>ir tenants. This was not long wanting.A M<strong>or</strong>olong, who, though not properly a subject ofAdam. Kok, yet acknowledged him as chief, havingbeen flogged f<strong>or</strong> <strong>the</strong>ft by a boer field-comet, laida complaint bef<strong>or</strong>e him; <strong>the</strong> Griqua chief sent somemen to arrest <strong>the</strong> boer,· which, being resisted, anexchange of shots took place. The boer, immediatelywent into laager" and <strong>the</strong> hostilities commenced, inwhich <strong>the</strong> Griquas were assisted by Her Majesty'stroops, and which terminated in <strong>the</strong> defeat of <strong>the</strong>boer, at Swart Koppjes, in 1845; immediately afterwhich Maj<strong>or</strong> Sutton was established in <strong>the</strong> country asBritish Resident, with a small f<strong>or</strong>ce to supp<strong>or</strong>t hisauth<strong>or</strong>ity, which was only to extend to <strong>the</strong> arbitrationof disputes between natives and whites."I, f<strong>or</strong> one, would never utter a w<strong>or</strong>d against <strong>the</strong>supp<strong>or</strong>t of natives when an <strong>the</strong> right, but, on <strong>the</strong> contrary,as I ever have done, would help <strong>the</strong>m to <strong>the</strong>utmost of my ability; but, exactly on <strong>the</strong> same principle,• To those unacquainted with <strong>South</strong> Africa this aft"air will Dotappear in full significance. I <strong>the</strong>ref<strong>or</strong>e supply this Dote to point outthat DO white people ever submitted to native jurisdiction in that partof <strong>the</strong> w<strong>or</strong>ld; whilst <strong>the</strong> attempt of Adam Kok, <strong>the</strong> chief of a fewhundred idle, drunken, utterly useless and vagabond mixed breeds, toarrest one of <strong>the</strong> numerous and thriving members of <strong>the</strong> new colony,where <strong>the</strong> law was anfficient and exterrit<strong>or</strong>iality prevailed, was a moatimpudent aggreaaion.Digitized by Goog Ie


42 UNJUST BRITISH INTERVENTION.would oppose <strong>the</strong>m, and supp<strong>or</strong>t <strong>the</strong>ir antagonists,when <strong>the</strong>y were in <strong>the</strong> wrong.British armed intervention against <strong>the</strong> emigrantfarmers in <strong>the</strong> aff&h" under notice was most unnecessaryand unjust, <strong>the</strong> Griquas having no right whatever toattempt <strong>the</strong> arrest, with guns in <strong>the</strong>ir hands, of a boerofficial who had simply done his duty. The act wasclearly illegal.The British Resident's rep<strong>or</strong>t continues:-"The system of native protection which influenced <strong>the</strong> BritishGovernment had, in <strong>the</strong> year 1842, induced <strong>the</strong>m to interferebetween <strong>the</strong> emigrants at P<strong>or</strong>t Natal and <strong>the</strong> Datives." • . . •(Those natives, be it remembered, who had 80tzeacherously and barbarously massacred <strong>the</strong> emigrantRetief and a number of his followers.)"Many of <strong>the</strong>m iD consequence recrossed <strong>the</strong> Drakensberg withfeelings considerably embittered towards British rule, hoping, inwhat DOW is <strong>the</strong> sovereignty, to escape it. In this <strong>the</strong>y were sublequentJ.yundeeeiveclby <strong>the</strong> Swart Koppjes aiI'air."To continue <strong>the</strong> narration of events in consecutive<strong>or</strong>der, I must now revert to ano<strong>the</strong>r" Mem<strong>or</strong>andum,"bearing date Capetown, August 4, 1852, and drawnup, this time, f<strong>or</strong> <strong>the</strong> inf<strong>or</strong>mation of Govern<strong>or</strong> Lieut.­Gen. Cathcart, by Att<strong>or</strong>ney-General P<strong>or</strong>ter. It isimp<strong>or</strong>tant as defining <strong>the</strong> nature of <strong>the</strong> relative;positionoccupied by <strong>the</strong> boers, <strong>the</strong> Griquas, and <strong>the</strong> BritishGovernment subsequent to <strong>the</strong> battIe at ZwartKoppjes, and as also explaining <strong>the</strong> :first imp<strong>or</strong>tanttreaty entered into between <strong>the</strong> Griquas and <strong>the</strong>British, a result of <strong>the</strong> <strong>the</strong>n Cape Govern<strong>or</strong>'s visit to<strong>the</strong> Orange River territ<strong>or</strong>y.Digitized by Goog Ie.


ATTORNEY-GENERAL PORTER'S REPORT. 43• "When Sir P. Maitland visited what is nOw <strong>the</strong> Sovereignty,in 1845, his ObjectW88 to settle existing and prevent future disputeswithout uaerting Britlsh dominion, with its attendant expeD888 andnepcmaibilitiea. He fonnd <strong>the</strong> -. <strong>the</strong>re, and fonnd <strong>the</strong>m determinedto remain <strong>the</strong>re; and found <strong>the</strong>m, m<strong>or</strong>eover, in <strong>the</strong> way ofgradually gaining <strong>the</strong> whole country. He <strong>the</strong>ref<strong>or</strong>e proposed toAdam Kok to define his entire territ<strong>or</strong>y, and <strong>the</strong>n to divide thatentire territ<strong>or</strong>y into two parts, one of which was to be f<strong>or</strong> everreserved f<strong>or</strong> <strong>the</strong> Griqnas, and <strong>the</strong> o<strong>the</strong>r of which parts was to be f<strong>or</strong>ever open to be occupied by <strong>the</strong> .,. The part to be reserved f<strong>or</strong><strong>the</strong> Griquas was called <strong>the</strong> 'inalienable' territ<strong>or</strong>y, and <strong>the</strong> part tobe occupied by <strong>the</strong> /)OW, was called <strong>the</strong> ' alienable' territ<strong>or</strong>y. Bow,were settled in both parts, though in very unequal numbers. Somehad professed to purchase what in England we should call <strong>the</strong> feesimple; some had hired farms f<strong>or</strong> a term. of years. • . • Leases.. 1aioh in <strong>the</strong>ir inception had been made f<strong>or</strong> f<strong>or</strong>ty years <strong>or</strong> under.. we to be allowed to w<strong>or</strong>k <strong>the</strong>maelvea out by emmon of time, andas leaaee gradually expired in <strong>the</strong> 'inalienable' territ<strong>or</strong>y <strong>the</strong> .,were to be obliged to quit it altoge<strong>the</strong>r; but in <strong>the</strong> 'alienable'territ<strong>or</strong>y <strong>the</strong> lands were to be capable of beiDg let at all times onleue to w, by <strong>the</strong> instrumentality of <strong>the</strong> British Resident. Aamall quit rent 'Was to be paid to <strong>the</strong> British Resident by all 18I11I88II,- well within <strong>the</strong> 'inalienable' as <strong>the</strong> 'alienable' territ<strong>or</strong>y, onehalfof which quit rent was to go to Adam. Kok, as <strong>the</strong> owner oftbe country, and <strong>the</strong> o<strong>the</strong>r half to be retained by tho BritishResident towards defraying <strong>the</strong> charges of <strong>the</strong> residency."The above arrangement had but a sh<strong>or</strong>t life; but!from <strong>the</strong> treaty entered into between Govern<strong>or</strong> Lieut.­Gen. Sir Peregrine Maitland and <strong>the</strong> Chief, AdamKok, we are enabled to prove <strong>the</strong> highly-imp<strong>or</strong>tantfact that everywhere outside a certain boundary <strong>the</strong>right of <strong>the</strong> boer, to acquire land was <strong>the</strong>n admitted<strong>the</strong>y did eventually acquire <strong>the</strong> whole of those "alienable"lands, and within a year <strong>or</strong> two became, by a• ride p. 79, Blue Book (No.2), "Orange River C<strong>or</strong>respoDd~ce,1851-40."Digitized by Goog Ie


44 ADAM KOK'S BOUNDARIES.Brim" Jato, perpetual leaseholders <strong>the</strong>reof; yet nowcomes <strong>the</strong> Griqua Waterboer from <strong>the</strong> n<strong>or</strong>th side of<strong>the</strong> V sal, whose name was never so much as mentioned.in <strong>the</strong>se treaties, with Griquas concerned in territ<strong>or</strong>ysouth of <strong>the</strong> V sal, and audaciously claims nearly <strong>the</strong>whole of <strong>the</strong> very "alienable" lands dealt with andsettled so long ago!• By "Article 5" of <strong>the</strong> treaty, <strong>the</strong> boundary of<strong>the</strong> "inalienable" territ<strong>or</strong>y of Adam Kok's Griquas isdefined as follows. (See accompanying Diagram B.)CI From David's Graf, at <strong>the</strong> confluence of <strong>the</strong> Riet and Modderrivers; <strong>the</strong>nce along <strong>the</strong> Riet River to where Krom: Elbow Sproit:fa.lls into <strong>the</strong> said Riet River; <strong>the</strong>nce up Krom Elbow Spruit towhere Van Zyl's Spruit falls into it; <strong>the</strong>nce up Van Zyl's Spruit toits source from between <strong>the</strong> Pram Bergen; <strong>the</strong>nce along a direotline to be drawn :from <strong>the</strong> neck of Pram Bergen, at <strong>the</strong> source ofVan Zyl's S~rttit, to Braay Paal, which line, rtUUling generallyeast, holds <strong>the</strong> summit of a ridge extending from <strong>the</strong> said neck towithin <strong>about</strong> a mile of Braay Paal; <strong>the</strong>nce from Braay Paal, <strong>the</strong>boundary between Adam Kok and <strong>the</strong> land occupied by <strong>the</strong> chief,La Pui, to <strong>the</strong> junction of that boundary with Bosjes Spruit; <strong>the</strong>ncealong Bosjes Spruit to where <strong>the</strong> same falls into <strong>the</strong> Orange River;<strong>the</strong>nce along <strong>the</strong> said Orange River as far as Ramak; find tTuncl .,. IIrlwlCt liM to lJQPicl', Grfll fll<strong>or</strong>Nflid."But inasmuch as all leaseholds both bought andhired by lJoera from Griquas were declared by <strong>the</strong>Govern<strong>or</strong> to be terminalile in f<strong>or</strong>ty years, very greatdissatisfaction was created amongst <strong>the</strong> white settlers;and it is quite evident that extreme injustice wouldhave been done to many of <strong>the</strong>m by <strong>the</strong> unreserved,absolute, and sweeping nature of <strong>the</strong> law which treated• Vide p. 129. BIlle Book (No.2) ... Orange River C<strong>or</strong>respondence.18,51-4."Digitized by Goog Ie


o,..PI0:PI;gII/Digitized by Go,


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A. GOVERNOR'S COURTESY. 46every one of <strong>the</strong>m as a land swindler, compelling <strong>the</strong>m,right <strong>or</strong> wrong, m<strong>or</strong>eover, to abandon <strong>the</strong> farms <strong>the</strong>yhad cultivated, with homesteads, improvements, andeverything, no matter how outright might have been<strong>the</strong>ir purchase of <strong>the</strong> freehold !From Mr. Green's "Mem<strong>or</strong>andum" we obtainfur<strong>the</strong>r inf<strong>or</strong>mation that "Andries Pret<strong>or</strong>ius, <strong>the</strong>acknowledged leader of <strong>the</strong> emigrant hOWl, made aneff<strong>or</strong>t, in <strong>the</strong> year 1841, towards a reconciliationbetween <strong>the</strong>m and <strong>the</strong> government by proceeding toGraham's Town to lay <strong>the</strong>ir case bef<strong>or</strong>e Sir HenryPottinger, <strong>the</strong>n Govern<strong>or</strong> of <strong>the</strong> Cape; but, being .considered a resident of Natal, Sir Henry objected t<strong>or</strong>eceiving any statement except through <strong>the</strong> Lieut.­Govern<strong>or</strong> of that settlement, and would not evengrant an audience to Pret<strong>or</strong>ius, who returned to hispeople goaded to a degree at <strong>the</strong> futility of his longjourney, and a treatment which, however proper, wasnot politic! ! ! "This event is too astounding f<strong>or</strong> comment! Pret<strong>or</strong>ius,who, in fact, was a resident of <strong>the</strong> independent communitybeyond <strong>the</strong> Orange River, who fled fromNatal immediately that country became subject toBritish rule, was considered a resident of <strong>the</strong> placethat had no just claim upon him, where he did notand would not reside!No wonder that hostilities broke out ere longbetween hOWl and British again.Matters came to a crisis when Sir Harry Smith(Sir H. Pottinger's success<strong>or</strong>) paid a flying visit to<strong>the</strong> country early in 1848, and proclaimed, on <strong>the</strong>3rd of Februery, <strong>the</strong> Queen's sovereignty" over <strong>the</strong>t.errit<strong>or</strong>ies n<strong>or</strong>th of <strong>the</strong> Great Orange River, includingDigitized by GOQg Ie


46 ANNEXATION a la BRITANNIA.<strong>the</strong> territ<strong>or</strong>ies of <strong>the</strong> native chiefs, M08hesh, AdamKok, &c. (and <strong>the</strong> boer, should have been added),so far n<strong>or</strong>th as <strong>the</strong> V sal River, and east to <strong>the</strong>Drakensberg <strong>or</strong> Quatlamba Mountains." .This settled <strong>the</strong> matter in a very simple way, bytaking possession of <strong>the</strong> whole country, annexing viet aNn/ill all lands in dispute and not in dispute, regardlessof any and every claim, and to whomsoeverbelonging!It was a vast tract of country thus made British bya dash of <strong>the</strong> dashing Sir Harry Smith's goose quill;f<strong>or</strong>ming a huge triangle, with <strong>the</strong> junction of <strong>the</strong> Vaaland Orange rivers as its apex, <strong>the</strong> two rivers as itstwo sides, and <strong>the</strong> Drakensberg Mountains (overagainst Natal) as its base; in length full 300 milesfrom east to west; in breadth 200; comprising atleast 60,000 square miles of ground!We must now speak of <strong>the</strong> annexed country (apretty w<strong>or</strong>d, that, f<strong>or</strong> robbed) as <strong>the</strong> "Orange River .Sovereignty ."As Mr. Green ably stated :-" But, as if <strong>the</strong> proclamation, as far as already noticed, were not81lfIiciently an apple of disc<strong>or</strong>d thrown into <strong>the</strong> unhappy sovereignty,<strong>the</strong>re is a special clause in it to embroil <strong>the</strong> native and white inhabitants;f<strong>or</strong> in <strong>the</strong> fourth paragraph we read that 'One conditionupon which Her Majesty's subjects MlIJ IMir ltmdI is, that everyable-bodied man turns out with arms, <strong>or</strong> as a constable, f<strong>or</strong> <strong>the</strong>defence of Her Majesty tmd Mr all;".' • • . . As, when two nativechiefs are in hostility to each o<strong>the</strong>r, <strong>the</strong> one whose part is espousedby <strong>the</strong> government is considered an ally and <strong>the</strong> o<strong>the</strong>r an enemy,<strong>the</strong> efrect was simply to bring <strong>the</strong> boers into collision with one <strong>or</strong>o<strong>the</strong>r of <strong>the</strong> native tribes with whom <strong>the</strong>y had no quarrel, and fromwhom <strong>the</strong>y had always experienced kindness and respect. ... . • .The immediate effect of <strong>the</strong> paragraph referring to <strong>the</strong> tenure oflauds among <strong>the</strong> boers in <strong>the</strong> sovereignty was to Spread consterna-Digitized by Goog Ie


sm HARRY SKlTH'S p(1,[.ICT. 47tion among <strong>the</strong>m. • . . The mUrIDUl'I of discontent which aroaewere speedily fanned. into a flame of open rebellion, - which displayed.itaeIt in <strong>the</strong> beginning of July, 1848, upon <strong>the</strong> first attemptmade by Maj<strong>or</strong> Warden to layout <strong>the</strong>ir farms, as directed. in SirH. Smith's proclamation of March, 1848; when <strong>the</strong>y drove <strong>the</strong>British Resident and <strong>the</strong> Magistrates of Winburg and Smithfield(<strong>the</strong> only officials in <strong>the</strong> country), with <strong>the</strong> small detachment oftroops, across <strong>the</strong> 01"&Dge River. Sir H. Smith <strong>the</strong>n brought upa f<strong>or</strong>ce of 500 men, which he headed himself, and encountering <strong>the</strong>iuurgeuts at Boemplaats on <strong>the</strong> main road to Bloem Fontein,where <strong>the</strong>y had taken up a strong position, he defeated. <strong>the</strong>m, and,pU1'8Uing his march, reproclaimed. <strong>the</strong> Queen's sovereignty over <strong>the</strong>eountryat Bloem Fontein on <strong>the</strong> 2nd of September, 1848, underaroyal salute."However, having beaten <strong>the</strong> emigrant farmers intosubmission to his views, Sir Harry Smith proved himselfto be (putting aside <strong>the</strong> " Rule Britannia" palsion,and instructions from <strong>the</strong> British Government) botha magna.njrnous conquer<strong>or</strong> and a. just man, f<strong>or</strong> one of<strong>the</strong> first things he did was to rectify <strong>the</strong> unfair provisionsof <strong>the</strong> objectionable "·alienable" and" inalienable"land treaty made between Sir Peregrine Maitiand and<strong>the</strong> Griquas. It is as well to quote his own explanationof this transaction. t In a despatch to Earl Grey,bearing date January 20th, 1851, he states:-Ie 5.-After mature deliberation, and having consulted. with AdamKok, with <strong>the</strong> lJolr., and with all <strong>the</strong> native chiefs, I proclaimed.Her. Majesty's sovereignty, in <strong>or</strong>der to establish a paramount auth<strong>or</strong>ityin this debateable territ<strong>or</strong>y. In this measure, <strong>the</strong> great principleby which I was guided. was that all <strong>the</strong> inhabitants, white andcoloured, should continue in pOBBeBBion of <strong>the</strong> farms and <strong>the</strong> terri-• How could people be said to be in .. open rebellion" againat &power to which <strong>the</strong>y had not submitted, and which had seized <strong>the</strong>ircountly by f<strong>or</strong>ce P Mr. Green, being a British oflioial, could not, wemust suppoae, term <strong>the</strong> boars patriots.t V"1de p. 82, Blue Book, .. Oruge RiTer O<strong>or</strong>reapondence, 1851-4.."Digitized by Goog Ie


48 SIR HA.RBY SHITB'S TREATY.t<strong>or</strong>y occupied by <strong>the</strong>m at <strong>the</strong> date of my proclamation i but, asserious disputes had constantly arison with respect to boundaries, Idetermined, by general acclamation, to establish defined limits and80 put an end to <strong>the</strong>se continual and pernicious quarrels. • • • •Oaptain Adam Kok's territ<strong>or</strong>y was preserved to him as it <strong>the</strong>nstood, as regards both <strong>the</strong> 'alienable' and <strong>the</strong> 'inalienable' p<strong>or</strong>tions.I never interfered with <strong>the</strong> latter in <strong>the</strong> most remote degree.The Ohlef himself suggested that, after <strong>the</strong> expiration of <strong>the</strong> f<strong>or</strong>tyyears' leases in his 'inalienable' territ<strong>or</strong>y "06r" <strong>the</strong> might pUrchal9from his people a fllture right upon <strong>the</strong> conditions set f<strong>or</strong>th in myadditional. treaty transmitted to your l<strong>or</strong>dship. This was AdamKok's own proposal, and as it met <strong>the</strong> wishes of <strong>the</strong> "ow,, whowere most desirous to possess <strong>the</strong>ir farms in perpetuity, it wasagreed to, on <strong>the</strong> understanding that £300 a year should be paid byOovemment to <strong>the</strong> Griqua. Ohief. . • . ." 6. When society consists of <strong>the</strong> heterogeneous elements ofwhich it is composed beyond <strong>the</strong> Orange River, and when oppositeinterests prefer coD1licting claims, that oourse is <strong>the</strong> best which contributesmost to <strong>the</strong> general good. The great principle whichguided me was, as I have already stated, not to disturb, "ut cl4flrlg totlejlM, tM lZ;.ting OCCflJHJtion.. and my arrangement has consequentlyimproved <strong>the</strong> condition of all."No one at all able to judge in <strong>the</strong> matter candispute Sir Harry Smith's just reasoning and trueconclusions. Although, of course, none of <strong>the</strong> Dutchemigrant farmers felt satisfied at <strong>the</strong> f<strong>or</strong>eign yokeagain placed upon <strong>the</strong>m, <strong>the</strong>y submitted to <strong>the</strong> inevitablewith good grace, and f<strong>or</strong> several years devoted<strong>the</strong>mselves to <strong>the</strong> improvement of <strong>the</strong>ir country,avoided" kicking against <strong>the</strong> pricks" in <strong>the</strong> f<strong>or</strong>m of <strong>the</strong>Sovereignty Government, and generally brought <strong>about</strong>a high state of prosperity throughout <strong>the</strong> whole territ<strong>or</strong>ysettled and occupied by <strong>the</strong>mselves.During <strong>the</strong> Orange River Sovereignty <strong>the</strong> GriqnaWaterboer put in a claim to some land (in <strong>the</strong> year1850) south of <strong>the</strong> Vaal River; <strong>the</strong> Chief of Camp-Digitized by Goog Ie


ABAl',DONMENT O}' SOVEREIGNTY. 49bell, C<strong>or</strong>nelius Kok, made a similar application f<strong>or</strong> <strong>the</strong>same land; <strong>the</strong> British Colonial Government, however,ign<strong>or</strong>ed both claims. The event will be fur<strong>the</strong>rnoticed when we come to deal with Waterboer's claimto <strong>the</strong> <strong>diamond</strong>-<strong>fields</strong>, and <strong>the</strong> seizure of <strong>the</strong>m(upon tbe pretence that it was f<strong>or</strong> him) by <strong>the</strong> ColonialGovernment.The Sovereignty had but a sh<strong>or</strong>t life of just sixyears. During that period <strong>the</strong> policy of interferencewith <strong>the</strong> natives, <strong>the</strong> intervention in <strong>the</strong>ir continualinternecine quarrels and wars, had turned out badly.With Moshesh, especially, <strong>the</strong> paramount chief of <strong>the</strong>numerous and f<strong>or</strong>midable nation of Basuto Kafirs, veryindefinite hostilities had been waged; British troopshad. even been repulsed, if not defeated; and a verydubious s<strong>or</strong>t of advantage and treaty had lately beenobtained. 1.'1lese things, no doubt, affected <strong>the</strong> BritishGovernment at home. The policy of following up andf<strong>or</strong>cibly retaining <strong>the</strong> hoers as British subjects suddenlyceased, <strong>the</strong> Orange River Sovereignty was' f<strong>or</strong>mallyabandoned, and <strong>the</strong> Government of <strong>the</strong> country madeover to <strong>the</strong> ho61'S as a free and independent people!This act was just as arbitrary and selfish as <strong>the</strong>annexation de haute lutte had been; <strong>the</strong> will of HerMajesty's Ministers being alone studied <strong>or</strong> consulted;that of <strong>the</strong> people to be abandoned-abandoned, too,to <strong>the</strong> tender mercies of <strong>the</strong> Basutos, wholll <strong>the</strong> Britishhostilities had perhaps provoked against <strong>the</strong> whites,and f<strong>or</strong> a time humbled, but certainly not conquered-never being taken into consideration at all I Under<strong>the</strong>se circumstances a great prop<strong>or</strong>tion of <strong>the</strong> whitesettlers protested most emphatically against <strong>the</strong> abandonment;especially many English merchants andEDigitized by Goog Ie


50 THE CONVENTION OF 1854.o<strong>the</strong>rs who had made <strong>the</strong> country <strong>the</strong>ir home upon <strong>the</strong>strength of its proclamation as a British sovereignty.But nothing availed. A Special Commi88ioner hadarrived, and <strong>the</strong> Orange River Territ<strong>or</strong>y was given upjust as hastily as it had been at first so greedily seizedupon; <strong>the</strong> following very distinct and absolute treaty,<strong>or</strong> ra<strong>the</strong>r charter of independence to <strong>the</strong> country, andrelease of <strong>the</strong> people from <strong>the</strong>ir allegiance to <strong>the</strong>British crown, being <strong>the</strong> result:-ARTIOLES OF CONVENTIONHER MAJESTY'S SPECIAL COMMISSIONERREPRESENTATIVES01' T1IBORANGE RIVER TERRITORY.ABTIOLEB ot Convention entered into between Sir GEORGERUBBELL CLERK, Knight Commander ot <strong>the</strong> MostlHonourableOrder of <strong>the</strong> Bath, Her Majesty's Special Commissioner f<strong>or</strong> settlingand adjusting <strong>the</strong> affairs of <strong>the</strong> Orange River Territ<strong>or</strong>y, on <strong>the</strong> onepart; and <strong>the</strong> undermentioned Representatives delegated by <strong>the</strong>inhabitants of laid Territ<strong>or</strong>y :-F<strong>or</strong> til. IJUtri4t 0/ Blom/onuitt:GEORGE FREDERICK LINDE,'GERHARDUS JOHANNES Dll' TOIT, FIELD-CORNET,. JACOBUS JOHANNES VENTER,'DIRK JOHANNES KRAlIFORT.F<strong>or</strong> M. DUtrUt o/Smitlajiell:JOSIAB pmLIP HOFFMAN,BENDRIK JOHANNES WEBER, J1l'8TICB 01' TBB hAC. ANDPETRUS ARNOLDUS BUll.AN, [FIBLD COllDlAliDANT.JACOBUS THEODORUS SNYM.AN, LAT. FI.LD COMIlANDANT,PETRUS VAN DBB WALT, SEN. (ABSBNT ON LEA Vli:).Digitized by Goog Ie


THE CONvENTION OP 1854.51.1br s,.,..", Po<strong>or</strong>l :GOT PETRUS VISSER, J118TICII 0:1' THB P:uOB,JACOBUS GROENENDAAL,JOHANNES JACOBUS RABIE, J'IBLD.OOUllT,EATAS RYNIER SNYllAN,SARL PETRUS DU TOIT,HENDRIX LODEWIOUS DU TOIT •.1br eM lJinriet oj Wifllltwg :PREDERIOK PETER SOHNEllAGE,KATHYS JOHANNES WESSELS,OORNELIS JOHANNES FREDRIK DU PLOOI,J'BEDRIX PETRUS SENEK.AL, FnlLD-OOBlfBT,PETRUS LAFRAS .M:OOLIIAN, l'IBLD-COBlfBT,JORAN ISAAK JAOOBUS FlOK, J118TICB 0:1' 'l'HB PUCB.F<strong>or</strong> eM IJUtrict oj Ham-itA:PAUL KIOHIEL BESTER, JUSTICB OF THB hA.CB,wn.T.UM ADRIAN VAN AARDT, FnlLD-COBNBT,WILLEH JURGENS PRETORIUB,JOHANNES JURGEN BORNllAN,BENRIK VENTER (ABSBNT ON LBA. VB),ADBlAN HENDRIK STANDER,on <strong>the</strong> o<strong>the</strong>r part.II Art. I.-Her Majesty's Special Commiaaioner, in entering intoa Convention f<strong>or</strong> finally transferring <strong>the</strong> Government of <strong>the</strong> OrangeRiver Territ<strong>or</strong>y to <strong>the</strong> Representatives delegated by <strong>the</strong> inhabitantsto receive it, gutwMtUH, em eM flare oj Hw JI';uey', GOHrmItMt, tMjvtvr, i~ oj elaae eountrg flM it, GOfJ".,.mme: and that,after <strong>the</strong> necessary preliminary arrangements f<strong>or</strong> inaking over <strong>the</strong>same between Her Majesty's Special Oommiasioner and <strong>the</strong> saidBepresentatives shall have been completed, eM inWie..e. oj eMT~ ,laaU tAm 111 Jru. And that thi8 independence shall,without unnecessary delay, be confirmed and ratified by an instrument,promulgated in 8UCh f<strong>or</strong>m and 8ubstance 88 Her Majesty mayapprove,· flMlly /ruing eAlm Jrom eMir allegiatuI to eM Briel,,, Croum,• It is imp<strong>or</strong>tant to notice this very absolute anc1111U"8118rYed releaseof OO1lJltry and people from sovereignty and allegiance; as now, in<strong>or</strong>der to etea1 a part of <strong>the</strong> Orange Free State (<strong>the</strong> <strong>diamond</strong> <strong>fields</strong>), <strong>the</strong>aboT8 facta are actually denied !,E2Digitized by Goog Ie


52 THE CONVENTION OF 1854.,,,.,, "clMing eAma eo all i,.eme. and PfWp0I6' a /r66 """ intUplPldtntpHpk, aM tAli,. Govw#mmt to 1J6 e,.6ae.tI aM co",i4w§ tAlnu/<strong>or</strong>th flBa jr6' aM ."#tIIpmdme Govwnmme."Art. li.-The British Government has no alliance whateverwitn any Native Chiefs <strong>or</strong> -Tribes to <strong>the</strong> n<strong>or</strong>thward of <strong>the</strong> OrangeRiver with <strong>the</strong> exception of <strong>the</strong> Griqua Chief, Kaptyn Adam Kok ;and Her Majesty's Government has no wish <strong>or</strong> intention to enterhereafter into any Treaties which may be injurious <strong>or</strong> prejudicial to<strong>the</strong> interests of <strong>the</strong> Orange River Government."Art. m.-With regard to <strong>the</strong> Treaty existing between <strong>the</strong>British Government and <strong>the</strong> Chief, Kaptyn Adam Kok, lome modi­:6oation of it is indispensable. Contrary to <strong>the</strong> provisions of thatTreaty, <strong>the</strong> Bale of Landa in <strong>the</strong> Inalienable Territ<strong>or</strong>y haa been offrequent occurrence, and <strong>the</strong> principal object of <strong>the</strong> Treaty thusdisregarded. Her :Majesty'l Government <strong>the</strong>ref<strong>or</strong>e" i,.tIflM to ,.MIIOt',till ,,"'riction. prlmmting Gngwu /,.om '611ing tMi,. lands; and mea­I1l1'88 are in progress f<strong>or</strong> <strong>the</strong> purpose of aff<strong>or</strong>ding every facility f<strong>or</strong>such transactions, tA, OAi'.!, .4.dtzm Eo", AafJing l<strong>or</strong> l&im'6l/ COflDtWr'ed.it """ .a1lCti<strong>or</strong>ud eM .amB. And with regard to those fur<strong>the</strong>r alterationsarising out of <strong>the</strong> proposed revision <strong>or</strong> relations with KaptynAdam Kok, in consequence of <strong>the</strong> af<strong>or</strong>esaid Bales of Lands havingfrom time to time been effected in <strong>the</strong> Inalienable Territ<strong>or</strong>y, contraryto <strong>the</strong> stipulations of <strong>the</strong> Maitland Treaty, it is <strong>the</strong> intentionof Her Majesty's Bpecial Oommiasioner personally, without unne·cessary loss of time, to establish <strong>the</strong> affairs in Griqualand on afooting suitable to <strong>the</strong> just expectations of all parties." Art. lV.-After <strong>the</strong> withdrawal of Her Majesty's Governmentfrom. <strong>the</strong> Orange River Territ<strong>or</strong>y, <strong>the</strong> New Orange River Govemmentshall not permit any vexatious proceedings towards those ofHer Majesty's present subjects remaining within <strong>the</strong> Orange RiverTerrit<strong>or</strong>y who may heretof<strong>or</strong>e have been acting under <strong>the</strong> auth<strong>or</strong>ity.of Her Majesty' I Government, f<strong>or</strong>, <strong>or</strong> on account of, any acts lawfullydone by <strong>the</strong>m, that is, under <strong>the</strong> law as it existed during <strong>the</strong>occupation of <strong>the</strong> Orange River Territ<strong>or</strong>y by <strong>the</strong> British Govem-• Upon <strong>the</strong> strength of this arrangement, sh<strong>or</strong>tly afterwards <strong>the</strong>whole of Adam Kok'a territ<strong>or</strong>y was taken over and purchased outrightb)' <strong>the</strong> New Orange River Government f<strong>or</strong> <strong>the</strong> new State, .. <strong>the</strong> OrangeFree State."Digitized by Goog Ie


THE CONVE..~ION OF 1854. 53.ment: auoh pe1'IIOD8 shall be oonaiderecl to be guaranteed in <strong>the</strong>poaeesaion of <strong>the</strong>ir estates by <strong>the</strong> New OraDge River GoV81'lllD8ll.t.Also, with regard to those of Her Jrlajesty's present subjects whomay prefer to return under <strong>the</strong> dominion and auth<strong>or</strong>ity of HerJrlajesty to rernainjngwhere <strong>the</strong>y now &re, as subjects of <strong>the</strong> Orange. River Govemment, such per8OD8 shall enjoy full right and facilityfOr <strong>the</strong> d.iapoaal and tranaf'er of <strong>the</strong>ir properties, should <strong>the</strong>y desireto leave <strong>the</strong> country under <strong>the</strong> Orange River Govemment at aDyaubsequent period within three years from <strong>the</strong> date of this Oonvention."Art. V.-Her Majesty's Government aDd <strong>the</strong> New Orange River. Government ahall, within <strong>the</strong>ir respective territ<strong>or</strong>ies mutually useevery exertion f<strong>or</strong> <strong>the</strong> auppreaaion of <strong>or</strong>ime, and keeping <strong>the</strong> peace,by apprehending and delivering up all <strong>or</strong>imina1a who may have_peel <strong>or</strong> 1led from justice ei<strong>the</strong>r way acrotIB <strong>the</strong> Orange River;and. <strong>the</strong> Courts, as well <strong>the</strong> British as thoee of <strong>the</strong> Orange RiverGovemment, shall be mutually open and. available to <strong>the</strong> iDhabitantsof both territ<strong>or</strong>ies f<strong>or</strong> all lawful pro08Bll8l. And all snrnrn0DSe8f<strong>or</strong> witn88B9B, directed ei<strong>the</strong>r way acrotIB <strong>the</strong> OraDge River, shallbe oounteraign.ed by <strong>the</strong> Magistrates of both Governments reapeotivelyto compel <strong>the</strong> attendance of such witn911888 when anel where<strong>the</strong>y may be required; thus air<strong>or</strong>dingto <strong>the</strong> oommunity N<strong>or</strong>th of <strong>the</strong>Orange River every aaaiatance from <strong>the</strong> British Oourts, and giviDg,on <strong>the</strong> o<strong>the</strong>r hand &BBU1'&D09 to auoh Oolonial Merohants and Tndanas have naturally entered into credit tranaactiOD8 in <strong>the</strong> OrangeRiver Territ<strong>or</strong>y during its occupation by <strong>the</strong> British Government,and to whom, in many oases, debts may be owing, every facilityf<strong>or</strong> <strong>the</strong> recovery of just ola.im.a in <strong>the</strong> Oovta of <strong>the</strong> Orange RiverGovernment. And Her Majesty's Special Oommisaioner will recommend<strong>the</strong> adoption of <strong>the</strong> like reciprocal privileges by <strong>the</strong> Govemmentof Natal in ita relati0D8 with <strong>the</strong> Orange River Government."Art. VI.-Certificates issued by <strong>the</strong> proper auth<strong>or</strong>itiea--aa wellin <strong>the</strong> Oolouies and poBB9B8ions of Her Majesty as in <strong>the</strong> OrangeRiver Territ<strong>or</strong>y-shall be held valid and suf6.cient to entitle heirsof lawful marriages, and legatees, to receive p<strong>or</strong>tiOD8 and legaciesaccruing to <strong>the</strong>m respectively, ei<strong>the</strong>r within <strong>the</strong> jurisdiction of <strong>the</strong>British <strong>or</strong> OraDge River Government."Art. VIl.-The Orldlge River Government shall, as hi<strong>the</strong>rtoDigitized by Goog Ie


54: THE CONVDTION OF 1854.permit no BlaTery 01' Tzade in 81aT88 in <strong>the</strong>ir terri., NoDh of <strong>the</strong>Orage River."Art. VlII.-The Orange River Government shall have freedom.to purcba8e <strong>the</strong>ir 8npplies of ammunition in any British Oolony <strong>or</strong>poeaeaaion in Sonth Africa, mbject to <strong>the</strong> lawe provided f<strong>or</strong> <strong>the</strong> regulationof <strong>the</strong> sale and transit of ammunition in mch British 0010- .Dies and poaaeaai01l8; and Her Majesty'8 Special Commiaaioner Will:recommend to:<strong>the</strong> Colonial Government that privileges of a h"beralobaraoter, in oonuection with Im~rt dnties generally, be grantedto <strong>the</strong> Orange River Government, 88 meaau.rea in regard to whichit ia entitled to be treated with every iadulgeuoe, in collliderationof ita peculiar position and diatauoe from <strong>the</strong> sea-p<strong>or</strong>ta.te Art. IX.-Iu <strong>or</strong>der to promote mutual facilities and liberty toTmdera and Travellera-u well in <strong>the</strong> British po8II8IIIIiou .. inthoee of <strong>the</strong> Orange River GoTemment; and, it being <strong>the</strong> eameIfiwiah of Her Majesty'8 Government that a friendly iufiercloullle betweea<strong>the</strong>se territ<strong>or</strong>iea should at all times mbaiat, and be pomotedby fmJr1 possible arrangement, a Conml <strong>or</strong> agent of <strong>the</strong> BritishGMermneut, whose eapeoial aUen.tiem ahall be direoted to <strong>the</strong> promotionof <strong>the</strong>se desirable objeota, will :t>e 8tationed within <strong>the</strong>Colony, near to <strong>the</strong> Dontier, to whom aooeea may readily at alltimes be had. by <strong>the</strong> iDhabitauta em both aidea of <strong>the</strong> Orange River,,. advice and inf<strong>or</strong>mation, 88 cironmstan.oee may require."!fhia done and aigued at Bloemfontein, OIl <strong>the</strong> Twenty-third c1ay., February, One Tho1188lld Eight Hundred and Fifty Four.GEORGE RUSSELL OLl1RK, X.O.B.,Her Majesty'8 Special Oommiaaioner.JOSIAS PHILIP HOlTMAN, hB8IDBlIT,GEORGE FREDRIK LINDE,G. J. DU TOlT, Jl'mLD.CODBT,J. J. VENTER,D. J. KRAMFOBT,H. J. WEBER, J118TIOB 01' TO PBA.OB .&JrD FmLD 00 ..P. A. HU1lA.N, (1U.lfD.A.ft.J. T. SNY1lA.N, UTB FmLD OOJOL\lIDA.lIT,G. P. VISSER, JU8TIOB 01' THB PBA.OB,J. GROENENDAAL,J. J. RABIE, FIBLD.OOBNBT,B. B. SNll[AN,Digitized by Goog Ie


BElWHOUTION OF B.X. SOVJlBElGJITY. 56S. P. J)V TOIT.H. L. J)V TOIT,F. P. SOHNEHAGE,K. J. WESSELS,O. J. F. DV PLOOI,F. P. SENEKAL, FIIILI>'COBNBT,P. L. llOOLMAN, I'mLD-COBNBT,J. L J. FlOK, JVSTICB OlJ' ftB PBACB,P •. K. BBSTER, JVSTICB OlJ' TJIII PBA.OB,W. A. TA.N AARDT, FIa.J)-OO"NH,W. J. PRll'l'ORIUS,J. J. BOBNllA.)J,A. H. STANDER.ropy OF A DESPATCHFBoK DB ])au OJ!' NBWOASTLE TO 8m GBoBGB OLDL(No.7.). U Douming 8w,", FIlwwwy 13th, 1864."Sm.-With refereaoe to my Deepatch, No.4, of <strong>the</strong> 14th NoftIDlberlast, on <strong>the</strong> a.flain of <strong>the</strong> Orange Biver Sovereignty, I. BOW'faouuanit to you an <strong>or</strong>der of Her Majesty in Ooancil approYing of •proolamation to ma1r:e known <strong>the</strong> abadomnent of <strong>the</strong> Queen'ssonreignty over <strong>the</strong> aid terrlt<strong>or</strong>iea, and o!deriDg that <strong>the</strong> -.i4 p%O­~Oll ehall be promulgated by you on OJ' bef<strong>or</strong>e <strong>the</strong> fInt by ofAugoat next euuing.Ie I have transmitted to Sir Ge<strong>or</strong>ge Oathout <strong>the</strong> letters pateJd84 .. <strong>the</strong> great seal revoking Her llajelty'l letters patent of 6.eilmd Kueh, 1861, oonatituting <strong>the</strong> Orange Blftr Territ<strong>or</strong>ies to be.diatinot GoTemment, and I haTe furniehed h&wa lIMo with a f!IGPJ fIl.. ~ in oonncil herewith eno1oeed.U I have, &0.," Sir Ge<strong>or</strong>ge Clark, (8ip.tcl)4:e. cto."EaoloInan in No. 6.At <strong>the</strong> Court at BuokiDghaln Palaoe, <strong>the</strong> 8otb. ., ol18&11aJf. 1~.PB8IJDI'l' :The Queen'. DlOIIt Excellent l£aj8lty in CowaoU."WBDlW Lieut.-General Sir Henry Ge<strong>or</strong>ge WKelYJ1 SIDith,edmjpilkatol' of <strong>the</strong> Go1WDDl.ent of <strong>the</strong> Q9loay of #I.e Cape 01. G.dDigitized by Goog Ie


56 RENUNCIATION OF H.M:. SOVEREIGNTY.Hope in <strong>South</strong> Africa, and Her Majesty's High Oommieaioner f<strong>or</strong><strong>the</strong> eett1ing and adjustment of <strong>the</strong> a1faire of <strong>the</strong> territ<strong>or</strong>iee in .<strong>South</strong> .Africa. adjacent and contiguous to <strong>the</strong> eaetern and n<strong>or</strong><strong>the</strong>asternfrontier ot <strong>the</strong> said Colony, did, on <strong>the</strong> 3rd day of February.1848, by proclamation under hie hand and <strong>the</strong> publio 88al ot <strong>the</strong>Colony ot th~ Oape ot Good Hope, proclaim and make known <strong>the</strong>80vereignty ot Her Majeety over <strong>the</strong> territ<strong>or</strong>ies n<strong>or</strong>th of <strong>the</strong> GreatOrange River, including <strong>the</strong> countries of Moshesh, M<strong>or</strong>oko, Moletea.ni,Sinkonayala, Adam Kok, Gert Taayboeoh, and of o<strong>the</strong>r min<strong>or</strong>Chiefs, 80 far n<strong>or</strong>th &8 to <strong>the</strong> Vaal River and east to <strong>the</strong> Drakeneberg<strong>or</strong> Quathlamba mountains: And where&8 <strong>the</strong> said Sir HenryGe<strong>or</strong>ge Wakelyn Smith did, on <strong>the</strong> 8th day of March in <strong>the</strong> sameyear, by ano<strong>the</strong>r proclamation under hie hand and <strong>the</strong> publio seal of<strong>the</strong> said Colony, proclaim, declare, and make known <strong>the</strong> system containedin <strong>the</strong> said proclamation f<strong>or</strong> <strong>the</strong> Government of <strong>the</strong> territ<strong>or</strong>ybetwesn <strong>the</strong> Orange and Vaal Rivers, described &8 being <strong>the</strong>n under<strong>the</strong> 80Vereignty of Her Majesty:" And whereas by letters patent under <strong>the</strong> ~t seal ot <strong>the</strong> UnitedKinsdom ot Great Britain and Ireland, bearing date <strong>the</strong> 22nd ofKarch, 1861, Her Hajestydid, after reciting <strong>the</strong> said first-mentionedproclamation, <strong>or</strong>dain and appoint that <strong>the</strong> said territ<strong>or</strong>ies <strong>the</strong>reindescribed should <strong>the</strong>noef<strong>or</strong>th become and be constituted a distinctand separate government, to be administered in her name and onher behalf by <strong>the</strong> Govern<strong>or</strong> and Commander-in-Chief f<strong>or</strong> <strong>the</strong> timebeing in and over her settlement of <strong>the</strong> Cape of Good Rope, <strong>or</strong>o<strong>the</strong>rwise &8 in <strong>the</strong> said letters patent is provided: And did by <strong>the</strong>said letters patent <strong>or</strong>dain and appoint that <strong>the</strong> said territ<strong>or</strong>ies should<strong>the</strong>ncef<strong>or</strong>th be comprised under and be known by <strong>the</strong> name of<strong>the</strong> Orange River Territ<strong>or</strong>y; and did by <strong>the</strong> said letters patent, andby certain instructions under <strong>the</strong> sign manual bearing even date·<strong>the</strong>rewith, make fur<strong>the</strong>r provision f<strong>or</strong> <strong>the</strong> good government of <strong>the</strong>said territ<strong>or</strong>y: And whereas Her Hajeety did, by a commissionunder her royal sign manual and signet, bearing date at Buoki;DghamPalace <strong>the</strong> sixth day of April, 1863, in <strong>the</strong> sixteenth year ofher reign, appoint Sir a.erge RUBBell Clerk, Knight CoDlIlUWderof <strong>the</strong> most Honourable Order of <strong>the</strong> Bath, to be Her Majesty'/tSpecial Commissioner f<strong>or</strong> <strong>the</strong> 88ttling and adjustment of <strong>the</strong> a1faireof <strong>the</strong> said territ<strong>or</strong>ies designated as <strong>the</strong> Orange River Sovereignty :" And whereas it has seemed expedient to Her Majesty, by andwith <strong>the</strong> advice of her Privy Council, to abandon and renounce f<strong>or</strong>Digitized by Goog Ie


RENUNCIATION OF H.K. SOVEREIGETY. 57herself, her heirs, and SUoce88Ors all iomtnion aM MIt1".,.."." oj 1MCroton oj tIN UUrrit<strong>or</strong>g _JrwutJifl _... W Jr.,.,.", oj Grille Brie"in "M I,.,ltJnfl 0Nf' 1MtIN 'nW'ttJnt. tWID/, and to <strong>or</strong>der <strong>the</strong> withdrawalof all her ofIioers and ministers, military and civil, from <strong>the</strong>said territ<strong>or</strong>y, to tIN .nt.nt tMe tM ,,,ill twritDry mil!! 11ltKnIN "M ,.lmtJsn.ft"M """"JOf'U)(Wd .ntlIp,ndmt oj tM O,.own oj tM ,,,id Un'W Ki,.,­a:" And whereas Her Majesty has ncc<strong>or</strong>dingly, by her letters patentunder <strong>the</strong> greatseal of <strong>the</strong> said United Kingdom, bearing even dateherewith, revoked and determined <strong>the</strong> hereinbef<strong>or</strong>e rooited letterspatent of <strong>the</strong> 22nd March, 1851:"And whereas <strong>the</strong>re hath this day been laid bef<strong>or</strong>e Her Majestyin Oouncil <strong>the</strong> draft of a proclamation to be promulgated in <strong>the</strong> saidterrit<strong>or</strong>y, declaring <strong>the</strong> revocation of <strong>the</strong> eaid letters patent antI <strong>the</strong>abandonment and renunciation of her dominion over <strong>the</strong> said territ<strong>or</strong>yin manner af<strong>or</strong>esaid (a copy of which is hereunder written):'ORABGB RIVER TmuuTO:RY., P:aOOL.UlATION.'Whereas we have thought fit by and with <strong>the</strong> advice of ourPrivy Oouncil, and in exercise of <strong>the</strong> powers and auth<strong>or</strong>ities to us inthat behalf appertaining. to tIbtIntlon _ ,.motmeI f<strong>or</strong> ourselves, ourheirs, and su.ccess<strong>or</strong>s, till tlomiflion _ MIt1".lignty of <strong>the</strong> Crown of <strong>the</strong>United Kingdom of Great Britain and Ireland 0f1t1t' tM twrie<strong>or</strong>wdesignated in our letters patent of <strong>the</strong> 22nd March, 1851, by <strong>the</strong>name of <strong>the</strong> Orange River Territ<strong>or</strong>y and have revoked and determined<strong>the</strong> said-letters patent acc<strong>or</strong>dingly:, We do f<strong>or</strong> that end pubJish this our Royal Froclamation, anddo hereby declare and make known 1M ahantlonmmt _ ,.".utJDitJtitmoj DtW dominion and '0f1"'''9nty twtlt' tM ,,,id twr .. t<strong>or</strong>y _ tM .nwitantstMrlDJ., Given, &c.'" Her Jlaje8ty is <strong>the</strong>ref<strong>or</strong>e pleased by and with <strong>the</strong> advice of herPrivy Oouncil, to approve <strong>the</strong> said Proclamation, and to <strong>or</strong>der, andin pursuance and exercise of <strong>the</strong> powers and auth<strong>or</strong>ities to her inthat behalf appertaining, it is hereby <strong>or</strong>dered that <strong>the</strong> said Proclamationahall be promulgated by <strong>the</strong> said Sir Ge<strong>or</strong>ge Russell Clerk,on <strong>or</strong> bef<strong>or</strong>e <strong>the</strong> first day of August next ensuing; and that uponDigitized by Goog Ie


58 RElWNCIATION OF B.K. SOVEREIGNTY.and from and after 8UOh promulgation t.1weo£ .n ......... _ .,..,..;,.t, oj 1Ur JiJIjMIr fYIW tAl 11114 e".,.." .. eM i.wi."UtwIOJ IWl ~ .... _ tUtmn_, and her oJIiDen and JDiDia..ten, military and civil, ehall with all <strong>the</strong> COIlveaient Ipeed be with.drawn from <strong>the</strong> said tenit<strong>or</strong>y.U And <strong>the</strong> most Doble <strong>the</strong> Duke of Newoast1e, ODe of Ret'llajeaty's principal Secretaries of State is to give <strong>the</strong> lleeeIII8I'JdirectiODS herein acc<strong>or</strong>dingly.u O. O. GRKVILLE."Digitized by Goog Ie


TWENTY YEA.BS PEACE.CHAPTER IV.ANTI-BOER POLICY OF THE ENGLISH' AND CoLONIALGoVERNMENTS. PROGRESS OF POLITICAL EVENTS INTHE FREE STA.TE. W A.TERBOER'S FIBST AND ONLYTERBlTORY SOUTl[ OF THE V A.AL.BBlTI8II IIUllltJ'DDClB Co:aooROBS A.cam ('WBlIR' DLUl:Oll'DS A.UDDOOVBUD), .!JTBB A LAPSl!: OJ!' TwDTY YBAlUI.-PlmsBouTl_OJ!' THJI BOBU, OB ExIG:uJfT FAlIKBB.8.--Ol>nnolU OJ!' ArroUlllY­Gamw. POBDB, E.ur. GB.1IY, A.R'D Bm Gzo. OUllOUT.-Tu:M:<strong>or</strong>IVB FOB 1'rrmmm:aOB.-W ATBlI.BOBB A.R'D CoBli.BLI11S Ko][.-D'UlI.BAN Tmu.'1'Y OJ!' 1834.-OBIGllf OJ!' LIn ]!'BOll: RA.K..m TODAVID'S GBu.-EvmDOB OJ!' HmmBIlt HmmBIltSL-1LuoBWABDu'a BucmT.-W.ADBJIOBB'S FmsT Or.ux Soum OJ!' 2.'JDV A.A.L.-EvmD'OB PO OOllTlU..-Dlu.m OJ!' A.JnwBs W A..TBBBOBL-Tmu.'1'Y BOT Ru:SWJW WIm me 8l100B880B, NIOKOL.U W A.TEB­BOBB.---GBIQll'A B0JDD(B8 B.B8l1LT llf TUB FIBer RBaoGlfITIOB OJ!'W ADBBO~ SoUTH OJ!' V.A.AL.-TB:s "VBTBDG LIu:"­RIoocmzm> BY 8m GzoBGll GB.1IY.Hencef<strong>or</strong>th, from <strong>the</strong> date of <strong>the</strong> Convention, <strong>the</strong>.country lying between <strong>the</strong> Vaal and Orange Rivera,occupied by white settlers, has been in fact and in .lawa free and independent nation, known to and recognUedf<strong>or</strong>maJIy by all <strong>the</strong> great powers of <strong>the</strong> w<strong>or</strong>ld88 <strong>the</strong> Orange Free State.F<strong>or</strong> nearly & sc<strong>or</strong>e of years even <strong>the</strong> Cape ColonyGovernment never infringed <strong>or</strong> interfered with <strong>the</strong>rights and privileges, <strong>the</strong> entire independence, territ<strong>or</strong>ialand political, of <strong>the</strong> new State; yet now,fonooth, ,me, diam<strong>or</strong>ull Raw been. diic9f/wed <strong>the</strong>rein, <strong>the</strong>Digitized by Goog Ie


60 UNJUST INTERVENTION.af<strong>or</strong>esaid Government suddenly backs up Waterboer,and seizes, in <strong>the</strong> old fashion, vi et armiB, upon ap<strong>or</strong>tion of <strong>the</strong> Free State territ<strong>or</strong>y, which has been inth6 undisturbed and unquestioned possession of itspeople during all those years I And this possession,be it clearly remembered, was sanctioned, maintained,and specially legalized, in nearly every instance, bytke BritiBk Government itself, during <strong>the</strong> time of <strong>the</strong>Sovereignty I Special legal instruments, as Sir H.Smith's treaties, were composed f<strong>or</strong> <strong>the</strong> purpose; andwhen <strong>the</strong> government of <strong>the</strong> country was made overto <strong>the</strong> newly-created Free State, all those laws,privileges, territ<strong>or</strong>ial rights, and titles to land tenurewere especially transferred to it; whilst it was, zo<strong>or</strong>eover,bound to maintain <strong>the</strong>m inviolate.This ceaseless persecution, this plunder of andpersevering tyranny over a weak, unoifending, andcomparatively helpless people, constitutes one of <strong>the</strong>meanest, most despicable, and hypocritical of England'sf<strong>or</strong>eign policies.Bef<strong>or</strong>e proceeding to investigate <strong>the</strong> proceedings of<strong>the</strong> Griquas from <strong>the</strong> period I last left <strong>the</strong>m at, andanalyzing and criticising <strong>the</strong> claim put f<strong>or</strong>th to <strong>the</strong><strong>diamond</strong>-<strong>fields</strong> by Waterboer, and <strong>the</strong>ir seizure by anact of hostile invasion and robbery of <strong>the</strong> Free State,ostensibly in his cause, by <strong>the</strong> Colonial Government ofCape Town, I cannot refrain from a digression,perhaps, in explanation and condemnation of <strong>the</strong> cruel,unfriendly, and unrighteous policy in question.What can be <strong>the</strong> cause, <strong>the</strong> real motive power, f<strong>or</strong>this seemingly inveterate persecution of <strong>the</strong> unsupp<strong>or</strong>ted<strong>South</strong> <strong>African</strong> colonists of Dutch descent by<strong>the</strong> British colonists, supp<strong>or</strong>ted (whenever aid isDigitized by Goog Ie


BRITISH POLICY. 61required) by <strong>the</strong> full power of Her Majesty's Government?Bef<strong>or</strong>e answering <strong>the</strong> question, in case anyone maydeny <strong>the</strong> hostile persecution, I will just quote a fewextracts from Att<strong>or</strong>ney-General P<strong>or</strong>ter's mem<strong>or</strong>andumalready used in this w<strong>or</strong>k, and, as he was always oneof <strong>the</strong> most disting-uished members of <strong>the</strong> Governmentaccused, his statements of its acts will no doubt bebelieved ... "13. Is, <strong>the</strong>n, <strong>the</strong> Orange River Sovereignty a colony by occupancy?. . • . • It seems absUrd to say that those lands have beenacquired by <strong>the</strong> occupancy of <strong>the</strong> very emigrants (<strong>the</strong> ho"., w_to, labour/Ill to IZclurll from tMm.. . • . As real powers <strong>the</strong> nativechiefs exist no longer. :&wytAi,,!/ tlust ooultl b, triMl w", Wild by tTNBritiiA GOfIwnflllflt to pr""'" tlNa,. tlN<strong>or</strong>,tiHl 8tlJW1JIUICY."From Mr. P<strong>or</strong>ter's second mem<strong>or</strong>andum we take<strong>the</strong> following:-t "7. It is indif:iPutable, I conceive, that we crossed <strong>the</strong> OrangeRiver, not to bestow upon <strong>the</strong> emigrant boers <strong>the</strong> power of doingwhat <strong>the</strong>y pleased, but to deprive <strong>the</strong> maj<strong>or</strong>ity of <strong>the</strong> emigrantboers of <strong>the</strong> power. . . Th.ese emigrants did not want us.Theyprayed f<strong>or</strong> nothing but to be let alone . • • . •"9. His Excellency <strong>the</strong> Govern<strong>or</strong> will not underetand me aspresuming to condemn <strong>the</strong> policy of recognizing <strong>the</strong> independenceof <strong>the</strong> boers beyond <strong>the</strong> Vaal .. That it reverses <strong>the</strong> whole previouspolicy of Great Britain is not less clear. That <strong>the</strong>ir allegiancewas inalienable, and <strong>the</strong>ir independence a dream, was <strong>the</strong> doctrineof <strong>the</strong> British Government down to <strong>the</strong> o<strong>the</strong>r day. It wa. tM tloctri",tIIIerUtl by fw" of twm, at Natal, 1842. It Uf", tTN tloctri", """.w byf<strong>or</strong>" of armB at Swart Kopp,j" in 1845. It w'" tM tloctri", ""wUtI atBOMII Plaat. in 1848. It was <strong>the</strong> doctrine of a yet later date. CIt• Yule p. 10, Blue Book, .. Orange Biver O<strong>or</strong>responden09, 1851-4.."t Vide p. 76. Blue Book (No.2)." Ora.uge Biver O<strong>or</strong>respondence,1851-4."Digitized by Goog Ie


62 OFFICIAL OOlOUDlCTIONis olear;' says .. 1 Grey, in his despatch, No. 646,· ol<strong>the</strong> t9thNovember, 1850, 'that <strong>the</strong> boera have not <strong>the</strong> slightest claim to <strong>the</strong>territ<strong>or</strong>y which <strong>the</strong>y occupy beyond <strong>the</strong> Vaal Biver, and I trustthat no time will be lost in carrying into ell'8Ct <strong>the</strong> measures whichI have recommended f<strong>or</strong> encouraging and asaisting <strong>the</strong> native tribeewhom <strong>the</strong>y are oppreaaing, to asaert <strong>the</strong>ir right, and to delend<strong>the</strong>mselves.' In <strong>truth</strong> we not only refaaed to aolmowledge <strong>the</strong> boerato be independent of ourselves~ but we interfered to c<strong>or</strong>npIl 1M low,to flClmwJWgI tMir ~ ¥O'I tM _WI elf ..!, m 10M" landl tMg.ow, ,1ttW.'"Although Earl Grey saw so clearly that <strong>the</strong> boerahad not <strong>the</strong> slightest claim to <strong>the</strong>ir territ<strong>or</strong>y, it issingular that exactly thirteen months later, on <strong>the</strong>17th January, 1852, <strong>the</strong> British Government and <strong>the</strong>Duke of Newcastle saw just as clearly exactly <strong>the</strong>reverse, and made a special treaty and convention withthose very boera, by which (Article 1) was guaranteed,• "in <strong>the</strong> fullest manner, on <strong>the</strong> part of <strong>the</strong> BritishGovernment, to <strong>the</strong> emigrant farmers beyond <strong>the</strong> VaalRiver, ~ right to manage <strong>the</strong>ir own affairs, and togovern <strong>the</strong>mselves without any interference on <strong>the</strong>part of Her Majesty's Government on tke territ<strong>or</strong>gbeuond to tke N<strong>or</strong>th of tke Vaal River, with <strong>the</strong> fur<strong>the</strong>rassurance that <strong>the</strong> warmest wish of <strong>the</strong> British Governmentis to promote peace, free-trade, and friendlyintercourse with <strong>the</strong> emigrant farmers," &c ..•Having hunted, harassed, and tyranized over <strong>the</strong>boera as long as ever possible; having relentlesslyfollowed <strong>the</strong>m up step by step with armed f<strong>or</strong>ce toterr<strong>or</strong>ize over <strong>the</strong>m and compel <strong>the</strong>ir submission toour f<strong>or</strong>eign yoke; and having, when <strong>the</strong>y fled too far• Yule p. 97, Blue Book, II Orange River C<strong>or</strong>respondence, 1801-4."t Vide p. 86, Blue Book (No.3), II Orange River C<strong>or</strong>respondence,1801--4."Digitized by Goog Ie


A "NOBLE POLICY." 63away f<strong>or</strong> us to follow in <strong>the</strong> wlIderness, vainly strivento combine and aid <strong>the</strong> Kafirs against <strong>the</strong>m; immediately<strong>the</strong> last and most atrocious hostile policy of allhas failed, <strong>the</strong> above fulsome protestations of love andundying friendship, complete recognition of rights,&c., always bef<strong>or</strong>e so violently resisted, becomeen regle IWell, this may be very fine diplomacy; but I, f<strong>or</strong>my part, call it rank hypocrisy. Statesmen mayterm it sound policy, but conscientious, simpler menwill deem it merely degrading to a great and powerfulnation.Attomey-General P<strong>or</strong>ter, in concluding that paragraphof his rep<strong>or</strong>t upon <strong>the</strong> recognition of !J061'independence last quoted from, states: "But I, f<strong>or</strong> myown part, frankly confess that it is !lot without afeeling of regret that I witness <strong>the</strong> reversal of whatwas so long a cherished and, in ita principle, a moatfI01Jk policg." • • •Hardly, Mr. P<strong>or</strong>ter! The one Bine qua non to makethis principle so noble would be that <strong>the</strong> !JOW8 werealways wrong, and <strong>the</strong> natives always right. But<strong>the</strong>n, if <strong>the</strong> natives are always right, how awfullywrong must England be f<strong>or</strong> her numerous Kafir wars!Noone would m<strong>or</strong>e readily than myself end<strong>or</strong>se asnoble-too noble, I fear, f<strong>or</strong> any nation-a policywhich invariably maintained <strong>the</strong> right against <strong>the</strong>wrong. The principle would simply be perfection;<strong>the</strong> practice assuredly sadly imperfect. At all events,I quite fail to perceive why <strong>the</strong> principle of alwaysaiding <strong>the</strong> "most merciless and irreclaimable savages ".• Y'1de Despatch of Sir Harry Smith to Earl Grey. p. 88, Blue Book.• Orange River O<strong>or</strong>reapondence, 1851-4."Digitized by Goog Ie


64 SIR G. CATHCART'S OPI~'ON.of Africa 9.o0'flinst a white and Christian people shouldbe noble.Whilst on this subject I cannot refrain from quotingG.overn<strong>or</strong> Sir Geo. Cathcart's opinion <strong>the</strong>reon; which,although, perhaps, not so very noble as an abstractprinciple, is indeed a most sound and admirable policyto practise :-• "With regard to Mr. P<strong>or</strong>ter's expression of opinion as to <strong>the</strong>doctrine of interference in native qUlm."els, <strong>or</strong> even between remotesettlers and <strong>the</strong>ir neighbours, founded on motives of humanity,e~erience has oonvinced me that in most cases <strong>the</strong> evil is aggravatedultimately by interference; f<strong>or</strong> that, although <strong>the</strong> whitesettler has a tendency to encroach, and it appears to be a law ofnature that he &bould prevail, '"' indifJidutll inter8Bt u m<strong>or</strong>e to lifJB in1'B4tJB with Au neighlJOU'I' than to gUIIN"el with Aim; his encroachmentsare gradual, f<strong>or</strong> he oovets and grasps at no m<strong>or</strong>e than he wants,and, possibly, though I fear but rarely, his object is acoompliabedby fair means. Whereas, on <strong>the</strong> o<strong>the</strong>r hand, when military interferenceis bad recourse to, it is apt to oommence on slight grounds,and terminate, after much blood&bed, in <strong>the</strong> extirpation of <strong>the</strong>whole hostile race, and in <strong>the</strong> acquirement of vast territ<strong>or</strong>ies whichcannot be adequately occupied f<strong>or</strong> ages to come, and in <strong>the</strong> meantimeonIy to be retained as waste lands under military control."We will now consider certain facts in reply to <strong>the</strong>query as to why England has so long, and especiallynow, at <strong>the</strong> present time, pursued a hostile and aggressivepolicy against <strong>the</strong> boers.What has always been urged by Her Majesty's representativesas <strong>the</strong> 'excuse to justifY annexation andslaughter as applied against <strong>the</strong> Dutch settlers, is <strong>the</strong>accusation that <strong>the</strong> latter have encroached, were sus-• Yule Despatch from Sir G. Oa.thcart to <strong>the</strong> Secretary of State f<strong>or</strong><strong>the</strong> Oolonies, Noyember 14., 1852, p. 73, Blue Book (No.2), II OrangeRiver O<strong>or</strong>reaponclence,I851--4r."Di9itize~ by Goog Ie


ANTI-DUTCH POLICY. 65pected of encroaching, <strong>or</strong> at some previous time hadencroached upon native territ<strong>or</strong>ies.Whatever <strong>the</strong>y might, could, would, <strong>or</strong> should havedone in this particular, I cannot find any very glaring()r definite accusation as to what <strong>the</strong>y Mve done;m<strong>or</strong>eover, we Englishmen are <strong>the</strong> 'Yery last people in<strong>the</strong> universe from whom any such charge shouldproceed.What! are <strong>the</strong> Free Staters to be b~ed, oppresaed,even butchered by Britishers upon <strong>the</strong> pretence that<strong>the</strong>y plunder and maltreat "niggers!" How godlyand upright, how in<strong>or</strong>dinately just and righteous,<strong>the</strong>se aoi-diBant protect<strong>or</strong>s of <strong>the</strong> dear blacks wouldappear to have become-since <strong>diamond</strong>s have beenfound in <strong>South</strong> Africa! Why, <strong>the</strong> ever mem<strong>or</strong>ableact of Nelson, when he placed <strong>the</strong> telescope to hissightless eye, and could not see that which he wouldnot, is infinitely surpassed in its hypocrisy and deceit(not its heroic determination) by <strong>the</strong>se modem disciplesof <strong>the</strong> beings" who have eyes but see not." Theyhave closed both <strong>the</strong>ir eyes; utterly blinded <strong>the</strong>mselves.Not only have <strong>the</strong>y obscured <strong>the</strong>ir visionphysical, but also that mental have <strong>the</strong>y coveredup and hidden with a black, impenetrable veil.And to this utter darkness have <strong>the</strong>y applied <strong>the</strong>telescope with which to spy and pick out <strong>the</strong> motein <strong>the</strong>ir neighbour's eyes, utterly,-with an astounding8ssurance,-oblivious to <strong>the</strong> huge beam in <strong>the</strong>irown.What! dare Englishmen-<strong>or</strong> one, C?nly one, ofjust mind, <strong>or</strong>dinary knowledge and intelligence-befound to supp<strong>or</strong>t <strong>the</strong> unfriendly, unjustifiable acts nowperpetrated and perpetrating against <strong>the</strong> Orange FreeDigitized by Goog Ie


66 INTERVENTION A LA ANGLAI8:State upon <strong>the</strong> plea that <strong>the</strong> latter has encroachedupon <strong>the</strong> territ<strong>or</strong>y of natives, and, <strong>the</strong>ref<strong>or</strong>e, that ithas become <strong>the</strong> duty of EDgland to step in and protect<strong>the</strong>m?Need <strong>the</strong> utter <strong>truth</strong>le88lless, <strong>the</strong> gross hypocrisy; ofsuch a pretence be illustrated? Is it not a truismabsurd,sickening to repeat by reason of its wellknown, glaring, every-day presence and admissionthat,turn in whatsoever direction you may, n<strong>or</strong>th,south, east, <strong>or</strong> west-go whi<strong>the</strong>rsoeveJ' -you pleaseover that empire on which thoughtless patriots havevain-gl<strong>or</strong>iously boasted that <strong>the</strong> sun never sets-you:find <strong>the</strong> results of <strong>the</strong>- most gigantic system of wrongand spoliation, of encroachment upon Dative rightsand lands, this round and, be it observed, curioussphere has ever experienced? Europe, Asia, Africa,America, Polynesia, all bear too dents and holes ofBritish bombs and bayonets! Why, we are gettingto <strong>the</strong> st<strong>or</strong>y. of Alexander <strong>the</strong> Great and <strong>the</strong> pe<strong>or</strong>bandit agaiD! F<strong>or</strong> one inch <strong>the</strong> Free State farmers. have ever encroached, England has seized squaremiles of country which did not belong to her.It is hardly necessary to go into <strong>the</strong> argument. against <strong>the</strong> blessings and benefits of "Christianityand civilization," as its disciples term it, as illustratedby <strong>the</strong> acts of Great Britain; though I will assert. that my own opinion has ever been that England hadno right to "meddle and muddle," to rob and plunder,all over <strong>the</strong> w<strong>or</strong>ld upon <strong>the</strong> pretext, f<strong>or</strong>sooth, thatshe could ~e 1n.d govem <strong>the</strong> peoples (rich in spoil,and land, but weK in militlLl'Y strength better than<strong>the</strong>y could tbemaelves. Nei<strong>the</strong>r can I perceive herjusitfication f<strong>or</strong> slaughtering <strong>the</strong> ign<strong>or</strong>ant savages-as,Digitized by Goog Ie


ITS MOTIVE.ITpar eump18, <strong>the</strong> Maones, <strong>or</strong> <strong>the</strong> semi-civilized Asiatics<strong>the</strong> East Indians,-when <strong>the</strong>y chose to think o<strong>the</strong>rwise,and strove to resist f<strong>or</strong>eign rapacity and aggression.M<strong>or</strong>eover, it does not quite clearly appear how thosewho perished bef<strong>or</strong>e our superi<strong>or</strong> weapons were toexperience <strong>the</strong> "blessings," &c., of Christ and civilization.But it is idle to digress upon a subject thatcould well occupy <strong>the</strong> pens of several hundred philosophersand m<strong>or</strong>alists. To destroy <strong>the</strong> encroachmentpretence it is quite sufficient merely to mention BeligoIand,Gibraltar, Malta, <strong>the</strong> Channel Islands, N<strong>or</strong>thAmerica, Bong Kong, and <strong>the</strong> Treaty P<strong>or</strong>ts in China,ditto in Japan, British India, <strong>the</strong> <strong>African</strong> Colonies,Polynesia and New: Zealand; in which latter Island <strong>the</strong>natives having become averse to part with m<strong>or</strong>e of<strong>the</strong>ir lands, it was publicly advocated (and I f<strong>or</strong> yearspossessed proofs <strong>the</strong>reof) that, as <strong>the</strong> Colonists requiredm<strong>or</strong>e ground, and <strong>the</strong> Ma<strong>or</strong>ies would not sell, <strong>the</strong>plan was to drive <strong>the</strong>m into rebellion, and <strong>the</strong>n obtain<strong>the</strong> coveted territ<strong>or</strong>ies by confiscation!And now, after proving that England could have nom<strong>or</strong>al right <strong>or</strong> reason to interfere against <strong>the</strong> FreeState alleged encroachment upon natives, I beg topoint out <strong>the</strong> alternative-that she might: have amaterial, selfish, jealous motive. There exists <strong>the</strong>sentiment represented by <strong>the</strong> pleasing little parable of<strong>the</strong> dog in <strong>the</strong> manger; and people always hate thosewhom <strong>the</strong>y wrong, especially when <strong>the</strong>y persecute<strong>the</strong>m without cause <strong>or</strong> provocation. There existamongst <strong>the</strong> nations of men, as amongst <strong>the</strong> individualmembers of <strong>the</strong> human race, <strong>the</strong> passions of envy,jealousy, and hatred.To accuse <strong>the</strong> Free State of aggression, indeed, toF2Digitized by Goog Ie


68 BRITISH AGGRESSION EXPOSED.JUStify our aggressions upon it! As a great statesmanlately wrote:-CI When have plaUSlDle pretexts and honourable names beenwanting to warrant our aei.ziDg on our neighbour's property andClltting his throat in <strong>the</strong> event of his reaiatinr P F<strong>or</strong>merly religionwas <strong>the</strong> moat oonveaient w<strong>or</strong>d.-·now-a-daya <strong>the</strong> term. 'nationality'has come into fashion, being pompous, obscure, and empty, whichis <strong>the</strong> very ideal of a war cry. Then diplom86Y ateps in, in itatarn, to cover <strong>the</strong> wllole with a tisaue of fine sounding w<strong>or</strong>ds, anddraw up f<strong>or</strong>mal deeds f<strong>or</strong> <strong>the</strong> winDer's benefit. It is nothing, infact, to break into a h01J88; it is requwte also to insist on titledeedsbeing given up, that shall be valid-ao long as <strong>the</strong> newcomerremains strongest."How well this applies to England's seizure of <strong>the</strong><strong>diamond</strong> <strong>fields</strong>!When <strong>the</strong> Free State is accused of aggressing, what,I should like to know, was <strong>the</strong> British seizure of <strong>the</strong>Cape? <strong>the</strong> persistent following up of <strong>the</strong> Dutchcolonists and <strong>the</strong>ir descendants? <strong>the</strong> f<strong>or</strong>cible takingpossession of <strong>the</strong> new lands <strong>the</strong>y have reclaimed from<strong>the</strong> wildemess ever since ?The pretence has been always made that <strong>the</strong>se emigrantfarmers were British subjects, and so could notestablish an independent government f<strong>or</strong> <strong>the</strong>mselves;that <strong>the</strong>y b<strong>or</strong>e <strong>the</strong> burden of a heavy and interminableallegiance to a f<strong>or</strong>eign power upon <strong>the</strong>ir backs wherever<strong>the</strong>y might go. Yes, <strong>the</strong>y were British subjects,by conquest, just 80 long as bayonets and villainoussaltpetre made <strong>the</strong>m 80, and <strong>the</strong>y chose to remainwithin <strong>the</strong> limits of <strong>the</strong>ir conquer<strong>or</strong>s' boundaries. ButI have yet to leam that <strong>the</strong> free-bom subjects of onestate can be released from <strong>the</strong>ir allegiance andbecome f<strong>or</strong> ever <strong>the</strong> subjects of ano<strong>the</strong>r state simplyupon its~seizing by f<strong>or</strong>ce of arms <strong>the</strong> territ<strong>or</strong>y whereDigitized by Goog Ie


BRITISH ARRoGANCE. 69<strong>the</strong>y reside; <strong>or</strong> that, when <strong>the</strong>y :fly from <strong>the</strong>ir oldresidences and <strong>the</strong> f<strong>or</strong>eign conquer<strong>or</strong>s <strong>the</strong>y still remain<strong>the</strong> subjects, slaves, <strong>or</strong> vassals of <strong>the</strong> latter ISingularly. enough, long after writing <strong>the</strong> aboveopinion, I accidently came across a statement ofAtt<strong>or</strong>ney-General P<strong>or</strong>ter's in strict acc<strong>or</strong>dance:-"I should have oontended that conquest naturalizes all.do ,1M10 rlmtli,. tmdw eM GoNrtI".".t oJ tAl tHJftfUM"OJ" • • • and that inregard to <strong>the</strong> Cape, if a man who did not remove himself within areuonable time after <strong>the</strong> capture, <strong>or</strong>, at all events, after<strong>the</strong>08lliaD,owed no allegiance to England, he owed no allegiance at all."But away with <strong>the</strong> false, paltry, hypocritical pretencesever advanced to justify persecution of <strong>the</strong>lJHra/ The <strong>truth</strong> seems to be that Great Britain alone(by some occult divine right) can seize, plunder, annex.and found colonies wherever she pleases on o<strong>the</strong>rpeople's lands. And what I Some <strong>or</strong> <strong>the</strong> people shedispossesses of <strong>the</strong>ir property and nationality refuse tosubmit to it by taking up waste land and :fleeing tofound a new home in <strong>the</strong> wilderness I After <strong>the</strong>m ISeize upon <strong>the</strong>m! Take all that <strong>the</strong>y have newlyacquired! Slay <strong>the</strong>m if <strong>the</strong>y do not like it and resist rThey are relJela /Such seems to be <strong>the</strong> only explanation of <strong>the</strong> hostilepolicy of England towards <strong>the</strong> howa, and to which shehas, after a long interval, now returned by her aggressionupon <strong>the</strong> Orange Free State.We must now revert to <strong>the</strong> Griquas n<strong>or</strong>th of <strong>the</strong>. Vaal, whom we left, in Chapter II., very comf<strong>or</strong>tablydivided into two bodies, under <strong>the</strong> respective chiefs,Andries Waterboer and C<strong>or</strong>nelius Kok; <strong>the</strong> boundary. • rule p. 12, Blue Boot, .. Orange River O<strong>or</strong>reepondeDoe, 1851~"Digitized by Goog Ie


16 GRIQUA EVENTS.line hetween <strong>the</strong>m being that made by <strong>the</strong> paramountchief, Dam Kok, of PhilippoIis, in <strong>about</strong> <strong>the</strong> year 1820.We have also seeD. that up to that period Ilei<strong>the</strong>r ofdie ab<strong>or</strong>dinate ehieU had my g:rouDd, <strong>or</strong> claim toground, solith of <strong>the</strong> Vaal River.But u <strong>the</strong> Philippolia Griquas seem to have settled~lose <strong>about</strong> that town, and to have quite abandonedtile terri.t,y <strong>the</strong> n<strong>or</strong><strong>the</strong>rn Griquas to any land.vi4 of <strong>the</strong> Vaal, 81 <strong>the</strong> only boundary line <strong>the</strong>rein.tat.ed, riz., thatt between Waterboer and <strong>the</strong> Cape


THE LINE, DA vm's GRAI' TO R.UIAH. 71.Adam Kok, <strong>the</strong> latter wished to punish him f<strong>or</strong> <strong>the</strong>sesales:-U He (Adam Kok) wished to punish O<strong>or</strong>nelius f<strong>or</strong> <strong>the</strong> illegalsale of lands. But this came afterwards, bef<strong>or</strong>e <strong>the</strong> Griqua Government.f<strong>or</strong> <strong>the</strong> first places he sold in 1840 <strong>or</strong> 1841. The councill<strong>or</strong>sand friends of C<strong>or</strong>nelius Kok interceded f<strong>or</strong> him, flntl (Jtl(JtlJin.A._EM ,lIM mtJtU fI ltiN _cl.....", 0/ tM lIINh tD",~", Mtl Hen lOid, VIZ.,DOl[ DAVlD'S GBAF TO R.uu.B:.".This is <strong>the</strong> first mention ever made of a line be~n<strong>the</strong> n<strong>or</strong><strong>the</strong>rn and Philippolis Griquas 8OUt/a of <strong>the</strong> Vaal,and as such is highly imp<strong>or</strong>tant. Ramah had beenpreviously mentioned in Sir B. D'Urban's treaty andin some documents which have lately been producedby Waterboer; but Ramah is a place, a sma.ll kraal<strong>or</strong> village, not a line ;' and <strong>the</strong> a.bove is <strong>the</strong> first au<strong>the</strong>nticstatement of one made from <strong>the</strong>re in anydirection whatever since <strong>the</strong> treaty with Sir B.D'Urban (referring to only one line "from Keis toRamah," along <strong>the</strong> Orange River), which lapsed on<strong>the</strong> death of Andries Water boer, in 1852, when <strong>the</strong><strong>the</strong>n Govern<strong>or</strong> of <strong>the</strong> Cape refused to renew it.M<strong>or</strong>eover, it is still m<strong>or</strong>e imp<strong>or</strong>tant to rememberthat <strong>the</strong> above line was made between Adam Kok, ofPhilippolis, and C<strong>or</strong>nelius Kok,' of Campbell, and tIvJlWaterlJoer of Grigua Totlm had notkins tokatever to dofIJitk it IIt is even evident from <strong>the</strong> boundary defined bySir P. Maitland in 1845 (and which mentions <strong>the</strong> linefrom David's Graf to Ramah as one boundary of AdamKok's "inalienable" territ<strong>or</strong>y) that no o<strong>the</strong>r Griqu.aeat all were recognized as being in lKnui fide oecupatiOll<strong>or</strong> ownership of land south of <strong>the</strong> Vaa.l.• y-", Diagram B, chapter 3.·Digitized by Goog Ie


72 CORNELIUS KOK'S LANDS.Hendrik Hendrikse (whose evidence has never beendisputed) proves how vague and indefinite was <strong>the</strong>claim of C<strong>or</strong>nelius Kok at that time. He continues:U Adam. Kok declared this (it I am not mistaken, bef<strong>or</strong>e Maj<strong>or</strong>Warden, in 1847), 'That as O<strong>or</strong>nelius Kok could not return wha<strong>the</strong> had received f<strong>or</strong> <strong>the</strong> farms which he had sold, he (O<strong>or</strong>neliusKok) could keep <strong>the</strong> ground (?) to <strong>the</strong> n<strong>or</strong>th of <strong>the</strong> line of David'sGraf' ; upon which tlu Brit .. " G<strong>or</strong>;".,.ment" (<strong>the</strong> residency previousto <strong>the</strong> sovereignty being <strong>the</strong>n established)" issued.1andcertificate&f<strong>or</strong> all farms sold to white people.".And this very land, sold <strong>the</strong>n by C<strong>or</strong>nelius Kok-<strong>the</strong>sale being sanctioned and legalized by <strong>the</strong> issue oftitle deeds to <strong>the</strong> farmers by <strong>the</strong> British Governmentisthat now claimed by Waterboer, and seized f<strong>or</strong> him(from <strong>the</strong> people to whom it was f<strong>or</strong>merly sold) by <strong>the</strong>British Government-that f<strong>or</strong>merly made <strong>the</strong> saleb· mg din ... '"Sir Harry Smith, as we have seen, again con:fi.rm.edall <strong>the</strong> rights of <strong>the</strong> Sovereignty boer8 i he, also, neverrecognized any Griqua chief south of <strong>the</strong> Vaal exceptAdam Kok.In <strong>the</strong> meanwhile, however, <strong>the</strong> Griquas of Waterboerfrom Griqua Town undoubtedly began to makeoccasional pasturage excursions, and set up a s<strong>or</strong>t ofclaim, to <strong>the</strong> land immediately in <strong>the</strong> angle f<strong>or</strong>med by<strong>the</strong> junction of <strong>the</strong> Vaal and Orange rivers, and to <strong>the</strong>west of C<strong>or</strong>nelius Kok's equally vague and indefiniteoccupation.In <strong>the</strong> year 1850, Maj<strong>or</strong> Warden, <strong>the</strong> British Resident,was engaged with a commission in surveying,f<strong>or</strong> <strong>the</strong> Sovereignty Government, <strong>the</strong> very farms soldby C<strong>or</strong>nelius Kok, and also <strong>the</strong> boundaries of AdamKok's "inalienable" territ<strong>or</strong>y. From his rep<strong>or</strong>t toDigitized by Goog Ie


MAJOR WARDEN'S REPORT. 13Sir Harry Smith- we obtain <strong>the</strong> following inf<strong>or</strong>ma­tion:-"On <strong>the</strong> 24th ultimo (July, 1850) I met Oaptain C<strong>or</strong>neliusXok and his raad. The captain requeats his Excellency to allot tohim a large tract of country helow David's Graf and between <strong>the</strong>Orange River." (This is <strong>the</strong> very ground above mentioned.)"Although he has long laid claim to this part ol<strong>the</strong> couutry, hispeople, as far as I can learn, never occupied <strong>the</strong> same, except invery dry seasons, in search of pasturage. • • . There is also ano<strong>the</strong>rclaimant in <strong>the</strong> person of <strong>the</strong> Griqua Waterboer, who states thatSir P. Maitland allotted to him, <strong>the</strong> whole country between <strong>the</strong>Orange and Mooder rivers, from Adam Xok's boundary to <strong>the</strong>banks of <strong>the</strong> Vaal River (.it)! Sir P. Maitland did III, that <strong>the</strong>conntry of Waterboer should join that of Adam Kok; but <strong>the</strong> <strong>the</strong>nGovern<strong>or</strong> was not aware at <strong>the</strong> time that Waterboer's Griquas haveas much country beyond <strong>the</strong> Vaal River as <strong>the</strong>y could po88iblymake use of. The country claimed lly <strong>the</strong> two captains is at least. 60 miles in length, with an average breadth of <strong>about</strong> 40 milea.Nliu.w oj til",. ,an "ed"," mUlA ,laim in rig!at of OIcuptltion 1Jy tMirptOpu, tm4 eM tollo" of tlaat part of flu countr, may 6. t1iItoltl til totIIUlMtM, ,tWI eM fltD ffWfM C<strong>or</strong>n,/;", Ko" too" upon M""'l! to ,,1/ to 60".,."We sha.Il have occasion to use Maj<strong>or</strong> Warden's rep<strong>or</strong>tagain when reviewing <strong>the</strong> claim set up by <strong>the</strong> presentWaterboer in 1810. No one acquainted with <strong>the</strong>country can deny <strong>the</strong> British Resident's c<strong>or</strong>rect viewwhen he pointed out that <strong>the</strong> two chiefs were alreadyin possession of far m<strong>or</strong>e land than <strong>the</strong>y could use.To this day Waterboer's Griquas have vastly m<strong>or</strong>eland n<strong>or</strong>th of <strong>the</strong> Vaal than <strong>the</strong>y know what to do with ;<strong>the</strong>y do possess a few h<strong>or</strong>ses, scanty flocks of goats,and a limited number of cattle; but as f<strong>or</strong> cultivation<strong>or</strong> any real utilization of <strong>the</strong>ir extensive territ<strong>or</strong>y, it isa myth, a snare, and a delusion. Yet now, wonderful• Videp.80,Blue Boot, "O<strong>or</strong>reepondence,H.H. High Commissionerand <strong>the</strong> President O.F.8.,1871." (Note: In future this Blue Book willbe referred to as .. Capetown Blue Book, No. I."Digitized by Goog Ie


14· WATERBOU'S PLOT.to tell, Great Britain seizes upon and plunders <strong>the</strong>Free State in <strong>or</strong>der to give <strong>the</strong>m m<strong>or</strong>e, it is pretended 1Sir P. Maitland's alleged promise was never carriedout, n<strong>or</strong> ever even officially mentioned; so with thatwe have no m<strong>or</strong>e to do. And <strong>the</strong> real desire of <strong>the</strong>two chiefs, in 1850, to get m<strong>or</strong>e land, and within <strong>the</strong>Sovereignty, was simply <strong>the</strong> very natural one ofputting money in <strong>the</strong>ir purses by afterwards selling itto <strong>the</strong> boera, as Adam Kok had been doing f<strong>or</strong> somany years with profit to himself, and <strong>the</strong> gratificationof which pleasing process C<strong>or</strong>nelius Kok had alreadytasted in an illegal, surreptitious s<strong>or</strong>t of way. At <strong>the</strong>present time <strong>the</strong> claim to tke aame land, and a greatdeal m<strong>or</strong>e, was put f<strong>or</strong>th by Waterboer in consequcnceof <strong>the</strong> <strong>diamond</strong> discovery, and, reprehensibly enough,. .enf<strong>or</strong>ced per faa et ntfas by <strong>the</strong> Colonial Government,80 that <strong>the</strong>y might have a finger in <strong>the</strong> glittering pie!Having, in 1850, vainly put f<strong>or</strong>ward an unfoundedclaim to <strong>the</strong> triangular patch of ground at <strong>the</strong> f~rk of<strong>the</strong> Vaal and Orange rivers,-as <strong>about</strong> this time landswere being continually bought by boera from anyGriquas who could show a legitimate title,-it cannotbe a matter of surprise that Waterboer again, in 1851,advanced an even m<strong>or</strong>e preposterous claim than thatof <strong>the</strong> previous year to territ<strong>or</strong>y south of <strong>the</strong> Vaal, ina letter addressed by him (<strong>or</strong>, ra<strong>the</strong>r, one of his clevermissionary friends, who would attend to political aswell 8S <strong>the</strong>ological matters), on <strong>the</strong> 24th of May, toGovern<strong>or</strong> Sir Harry Smi~, declaring that-... II Having heard that a large prop<strong>or</strong>tion of my UrritMy (lie /)rule p. 46, AnnexureB, Blue Book, O.F.S., II Minutes of Keeting atNooitgedacht."Digitized by Goog Ie


WATERBOU'S FIRST CLADI. ·15MItIW ~ t'M Holdw _ Bltuk (Orange) R ....._, has latelybeen taken poeaesaion of by <strong>the</strong> British Resident • . I went toBloemfontein to see him on <strong>the</strong> 8I1bjeot. To. my great surprise hetold me that such. was <strong>the</strong> fact, and when I urged my claim • , no~only on <strong>the</strong> ground of occupation (1') and <strong>the</strong> right of chieftainshipexercised over it f<strong>or</strong> many ye&l'8, but also that my right to it wureoognized by <strong>the</strong> British Government, in a treaty. (Sir B.D'Urban's) .•• <strong>the</strong> British Resident did not seem to be aware of<strong>the</strong> nature <strong>or</strong> stipulation of that treaty."This constitutes <strong>the</strong> first definite claim ever putf<strong>or</strong>th to <strong>the</strong> country between <strong>the</strong> angle of confluenceof <strong>the</strong> Vaal and Orange rivers-now known asAlbania. The alleged verbal promise of Sir P.Maitland had by this time (thanks to <strong>the</strong> lucubrationsof <strong>the</strong> clerical politician af<strong>or</strong>ementioned) transmutedand culminated in a much m<strong>or</strong>e f<strong>or</strong>midable andpretentious claim.Having taken particular pains to investigate <strong>the</strong>matter, I long ago concluded, bef<strong>or</strong>e leaving <strong>the</strong>country, that this asserted "occupancy and chieftainshipright" was utter bosh. About <strong>the</strong> yea:r 1846BOme of Waterboer's Griquas went to a spot known asBackhouse, on tke Vaal River, between <strong>the</strong> Orange andMooder rivers, under <strong>the</strong> guidance of a Mr. J.Hughes, a missionary, intending to construct certaininigation w<strong>or</strong>ks (it is alleged). But nothing was done,although <strong>the</strong> missionary put up a station <strong>the</strong>re. Theonly o<strong>the</strong>r spot ever occupied by Griquas as a kraalwas at Ramah, on tke Orange River, and <strong>the</strong>y werePbilippolis Griquas; but how this proves that those ofGriqua Town had a territ<strong>or</strong>ial right, <strong>or</strong> how it illustratesWaterboer's title to <strong>the</strong> whole intervening tractof 1,500 square miles and m<strong>or</strong>e, utterly unoecupiedby his ~eople, deponent cannot tell.Digitized by Goog Ie


76 THE CLAIM ANALYZED.And we have seen that Govern<strong>or</strong> after Govern<strong>or</strong>, andofficial after official, of <strong>the</strong> Cape Colony, thought likewise,and quite ign<strong>or</strong>ed any Griquas south of <strong>the</strong> Vaalbesides Adam Kok's. As f<strong>or</strong> <strong>the</strong> claim by right oftreaty, as we have bef<strong>or</strong>e pointed out, that instrumentonly mentions <strong>the</strong> place Ramah, belonging to .AdamKok, not one w<strong>or</strong>d appearing <strong>the</strong>rein regarding landsto <strong>the</strong> eastward of, <strong>or</strong>, indeed, inland from it at all;and as that treaty very sh<strong>or</strong>tly (next year, in fact)expired, so any claim under it came to an end, andthus disposes of <strong>the</strong> following statement of Waterboer<strong>or</strong> his missionary in <strong>the</strong> next paragraph to that alreadyquoted:-U The British Resident, when he saw <strong>the</strong> treaty, admitted thatmy claim to <strong>the</strong> tract of ground was clear ••... I would, <strong>the</strong>ref<strong>or</strong>e,beg' that your Exoellency would make arrangements f<strong>or</strong> <strong>the</strong>rut<strong>or</strong>tltion of that tract of land to me and my people."A ra<strong>the</strong>r cool request as nei<strong>the</strong>r Maj<strong>or</strong> Wardenn<strong>or</strong> his commission could find any p088e8s<strong>or</strong>, when <strong>the</strong>ysurveyed that part of <strong>the</strong> country just previously.1. His Excellency Sir H. Smith took no notice of<strong>the</strong> matter.2. Maj<strong>or</strong> Warden, in his rep<strong>or</strong>t lately quoted from,expressly declared that" both Waterboer andKok are chief8reBiding with <strong>the</strong>ir people bellond <strong>the</strong> Vaal River."3. • Lieut.-Gen. Sir Goo. Cathcart, who succeededSir H. Smith as Govern<strong>or</strong> of <strong>the</strong> Cape, in a despatchto <strong>the</strong> Secretary of State f<strong>or</strong> <strong>the</strong> Colonies, dated F<strong>or</strong>tBeauf<strong>or</strong>t, May 20, 1852, states :-"On <strong>the</strong> subject of <strong>the</strong> aft'aira of <strong>the</strong> Orange River Sovereignty,within that utensive district of country nearly 1,000 miles in cir-• V"1de p. 88, Blue Book (No.2), "Orange River C<strong>or</strong>respondence,1851-4."Digitized by Goog Ie


OFFICIAL PREVAJUCA.T10N. 77cumference, embraced between <strong>the</strong> Orange and Vaal rivera,.seA1M IteHption of tlle .mall inBUlaUtl twrit<strong>or</strong>y of tM thiftuI (J/aj,J, ..4."..Eo!:. • • • 1M u;MZ, f'OP1IlaIion of European <strong>or</strong>igin as well asab<strong>or</strong>iginee are under Her Majesty's Government."This "exception" is distinct enough, and we shallsee, by and by, that in <strong>or</strong>der to get out of ano<strong>the</strong>rdifficulty-vis., that when <strong>the</strong> British sovereignty wasabandoned, all its rights, privileges, and territ<strong>or</strong>ieswere made over to <strong>the</strong> Orange Free State,-Waterboer'spresent backers and supp<strong>or</strong>ters, <strong>the</strong> ColonialGovernment, although claiming a large tract of groundf<strong>or</strong> him, <strong>South</strong> of <strong>the</strong> Vaal, declare that, "He tDlJ8 altDa,8independent auo, and tDaB never aulJJect to HerMaJuty'8 (}otJermnent," &c.; thus very simply gettingfixed between <strong>the</strong> h<strong>or</strong>ns of a dilemma.In <strong>or</strong>der to aff<strong>or</strong>d proof of so grave a charge at once,I quote <strong>the</strong> following passage from a despatch ofLieut.-Gen. Hay, <strong>the</strong>n Govern<strong>or</strong> of <strong>the</strong>. Cape, andHigh Commissioner, in supp<strong>or</strong>t of <strong>the</strong> present Waterboer'sclaim to <strong>the</strong> <strong>diamond</strong>-<strong>fields</strong>, bearing dateOapetown, 12th November, 1870, and written to <strong>the</strong>President of <strong>the</strong> Orange Free State :-4. • Paragraph 21, referring to <strong>the</strong> "difficulty"above mentioned, states:U It appears to me that Sir H. Smith proclaimed Her Majesty'ssovereignty over Urrit<strong>or</strong>iM-"No, that is not <strong>the</strong> <strong>truth</strong>, it was over all <strong>the</strong> territ<strong>or</strong>ies,-"proclaim, declare,!and make known our sovereigntyover tM lerrit<strong>or</strong>iu n<strong>or</strong>th of <strong>the</strong> Great OrangeRiver, including" all knowm ckie/B, by name, "80 lar• V"1Cle p. 99, Blue Boot, "C<strong>or</strong>respondence betweeD H.lL HighOommjuioner and <strong>the</strong> President of <strong>the</strong> Orauge Free State. 1871."'Capetown.Digitized by Goog Ie


78 GDERAL BAY'S LOGIC.n<strong>or</strong>t,. ., to tM Vaal Bivl1',"-so says <strong>the</strong> Queen'sCharter--1J1'_. fl}IJI"-over territ<strong>or</strong>ies between <strong>the</strong> Orange and V a.al rivers, belongingto certain chiefs (mentioned by name), and o<strong>the</strong>r min<strong>or</strong> chiefs whosenames a.t'e not given.fIOt MM. N<strong>or</strong> W88 he amiB<strong>or</strong> chief to <strong>the</strong>se who were named, such as Adam Kok, )[os­It.esh,&c.''An utterly inc<strong>or</strong>rect statement. We have seen thatAdam Kok was <strong>the</strong> principal ,<strong>or</strong> paramount Griqua.chief; Moshesh, <strong>the</strong> great chief of <strong>the</strong> Basutos, couldput 5,000 warri<strong>or</strong>s in <strong>the</strong> field, whereas Water boer'sGriquas never numbered 200 families in all!.. N<strong>or</strong> fl}IJI M, in jfl#t, rmdmt ~.lwlm 1M Or.",. MIll Vtllll """"I,;which seQms su1licient proof that his lands were not inUtulMl to H.,."lutl«l within <strong>the</strong> limits of <strong>the</strong> Sovereignty !"No, General Hay, this quibble will not do. TheSovereignty embraced every inch of ground within itsclearly defined limits; yet you would try to provethat, although Waterboer himself was not within it,yet lands of his were, and that, heCafJ,86 he was notmentioned, those lands were not included within<strong>the</strong> jurisdiction, &c., of <strong>the</strong> Sovereignty. H he wasnot named because not resident <strong>the</strong>re, as <strong>the</strong>ywere not named" nei<strong>the</strong>r were lands of his ei<strong>the</strong>rincluded <strong>or</strong> excepted from <strong>the</strong> limits of <strong>the</strong> Sovereignty.It is astounding that one moment <strong>the</strong> Colonial. Governmentmaintains Waterboer's claims to land south of<strong>the</strong> Vaal (<strong>South</strong> <strong>Adamantia</strong>, in fact), and <strong>the</strong> next, in<strong>or</strong>der to avoid a destructive argument, denies <strong>the</strong>m !5. H any fur<strong>the</strong>r proof were wanting that at thistime no one ever dreamed of admitting <strong>the</strong> Waterboerclaims to territ<strong>or</strong>y south of <strong>the</strong> V &al, it is supplied by• P. ISS, Blue Book, No. 2, " Orange River C<strong>or</strong>respondence, 1861-4."• Digitized by Goog Ie


SOLOMON'S WISDOM. 79<strong>the</strong> present chief (<strong>the</strong> second) of that name himself!When, in 1864, some such flimsy claim was againbrought f<strong>or</strong>ward by <strong>the</strong> Griqua Town Chief, and .urgedagainst <strong>the</strong> right of <strong>the</strong> Orange Free State to <strong>the</strong> land. inquestion, Waterboel' produced <strong>the</strong> sw<strong>or</strong>n deposition ofa Mr. Edward Solomon, a minister of <strong>the</strong> Bedf<strong>or</strong>d FreeChurch, and f<strong>or</strong>merly of Griqua Town, in his favour ;from which we find that, after end<strong>or</strong>sing <strong>the</strong> complaintsof Waterboer already quoted from <strong>the</strong> latter'sletter to Sir H. Smith, he declares that:(*) "When Her Majesty's Asaistant Oommiasioners, Hogge andOwen, arrived in <strong>the</strong> country, JVatwlJow tU80 woe. to tllem, complainingof <strong>the</strong> act of <strong>the</strong> British Resident. This I know as I was <strong>the</strong>writer of <strong>the</strong> letter." (Oh, oh! so here we have <strong>the</strong> political misai9nary.He, no donbt, was <strong>the</strong> invent<strong>or</strong> of its contents, as well asits writer. Certainly not a very disinterested witness; but heproves too much. In riilling agaiDat <strong>the</strong> injustice of <strong>the</strong> Britisho:fllcials, and <strong>the</strong>ir neglect of his protegf, claims, he clearly demonstratesthat <strong>the</strong> latter were tlilallowlfl.)"A letter was also written to Sir Ge<strong>or</strong>ge Cathcart on <strong>the</strong> samesubject, but <strong>the</strong> only reply ever received to those different letters. and remonstrances, as far as I know, up to July 1867 ••.. 1Vas a. verbal one through Mr. Owen, which was delivered to me with a7equest that I would communicate it to Water boer, 'that his Excellency,Sir G. Cathcart, had received Waterboer'sletter, and that he(Waterboer) might rest assured that justice would be done him.'"Then comes an impertinent paragraph re~ectingupon Mr. Owen and General Cathcart, proving that<strong>the</strong> reverend gentleman was ra<strong>the</strong>r irritable as well aspolitical. "Justice," no doubt, fOas " done" to Waterboer;and I f<strong>or</strong> one would be extremely averse toquestion any act of General Cathcart's. Indeed, from<strong>the</strong> principles of high honour and justice pervading• V'1de p. 49, AnneXurea, Blue Book, O.F.B. "lIinutes of Meetingat Nooitgec1acht, 1870."Digitized by Goog Ie


80 VALE! SOLOMON.every despatch he wrote, I have experienced greaterpleasure than ever bef<strong>or</strong>e fell to my lot during criticalinvestigation and analysis of diplomatic and officialpapers. Knowing that Waterboer had not a tittle ofright to land south of <strong>the</strong> Vaal, he never recognizedhis claims. ."When Sir Ge<strong>or</strong>ge Clerk visited <strong>the</strong> Sovereighty as Her:Majesty's Special Oommissioner, this matter was also broughtbef<strong>or</strong>e him."(By our reverend friend, again, it appears.)" I spoke to him several times a~ut it."(Alas! Sir Ge<strong>or</strong>ge Clerk, like his predecess<strong>or</strong>s, gaveno heed to <strong>the</strong> plaint; and <strong>the</strong> same may be said of<strong>the</strong> statement with which <strong>the</strong> reverend gentleman'sdeposition concludes:)"When in Cape Town, in 1855, I had several ~opp<strong>or</strong>tunities'ofmentioning this subject to his Excellency Sir Ge<strong>or</strong>ge Grey; but, . asI was not auth<strong>or</strong>ized by <strong>the</strong> chief, Waterboer, to act f<strong>or</strong> him, it itflOe ftIIJI"fW1I to 8k1U any pM'tieular8 ot my interview with hisExcellency."(That is a pity, because those who do not honourand respect Mr. Solomon may conclude that, as hewas trying to give evidence in favour of Waterboer,<strong>the</strong>se suppressed "particulars" were adverse.)Deeming <strong>the</strong> five cases in which it is proved that noGriqua rights, save those of Adam Kok, were ever admittedsouth of <strong>the</strong> Vaal up to 1852 amply sufficient,in addition to <strong>the</strong> evidence previously adduced uponthat subject, we will proceed with our narration ofpolitical events.In December, 1852, Andries Waterboer, <strong>the</strong> chiefwhom we have seen old Dam Kok appointed over GriquaTown, and whose claims south of <strong>the</strong> Vaal we haveDigitized by Goog Ie


DEATH OF A. W ATERBOER. 81just dealt with, died "at that place, and was succeededby his son, <strong>the</strong> present chief, Nicolas Waterboer, upon<strong>the</strong> election of <strong>the</strong> people, and not, apparently, byreason of any hereditary right, which latter seems tohave pertained solely to <strong>the</strong> Kob.Immediately afterwards, by <strong>the</strong> aid and advice, Ibelieve, of a. Mr. J. Hughes, a missionary residing atGriqua Town, several of <strong>the</strong> burghers <strong>or</strong> councill<strong>or</strong>s ofthat place applied f<strong>or</strong> <strong>the</strong> recognition of <strong>the</strong>ir newchief, and <strong>the</strong> renewal of <strong>the</strong> old D'Urban Treaty. In<strong>the</strong>ir letter to Sir Ge<strong>or</strong>ge Cathcart <strong>the</strong>y say:-• "That <strong>the</strong> said N. Waterboer hereby begs and requests f<strong>or</strong>himself' <strong>the</strong> approval and acknowledgment of' <strong>the</strong> Oolonial andEnglish Governments of his being <strong>the</strong> lawful Oaptain and Ohief ofGriqua Town and lU"ou.nding rliltnotB."Here, en pas8ant, we may observe that no mentionis made of territ<strong>or</strong>y south of <strong>the</strong> Vaal; and it would beabsurd to consider any lands beyond that imp<strong>or</strong>tantriver, and so distant, as f<strong>or</strong>ming part of Griqua Town's" surrounding districts."After recognizing N. Waterboer in <strong>the</strong> above position,<strong>the</strong> Govern<strong>or</strong>'s reply expressly states that" <strong>the</strong> treatyentered into by Sir B. D'Urban with <strong>the</strong> late w<strong>or</strong>thyand faithful ally, Andries Waterboer, was per8onal,and does not extend to ab<strong>or</strong>igines consequent to hisdecease: it has <strong>the</strong>ref<strong>or</strong>e ceased to lJe in f<strong>or</strong>ce." •. It was never renewed, although <strong>the</strong> present ColonialGovernment have. inc<strong>or</strong>rectly chosen to term N. Waterboer,in <strong>the</strong> <strong>diamond</strong> field controversy, an ally.During <strong>the</strong> next few years, as <strong>the</strong> Free State farmersdid not occupy <strong>the</strong> whole of <strong>the</strong> lands, to which <strong>the</strong>Griquas' disallowed claim had been made, <strong>the</strong>se lattergentry hit upon a' very ingenious device by which to• riM p. 2, Blue Book (No.3), " Orange River C<strong>or</strong>respondence, 1861-4."GDigitized by Goog Ie


82establish a right <strong>the</strong>reto. Waterboer and ComeliusKok began to squabble <strong>about</strong> it, and to dispute itsownership; and as, of course, <strong>the</strong>y could not agree,eventually called upon .Adam Kok to decide between<strong>the</strong>m. By this time <strong>the</strong> Sovereignty had been abandoned,and <strong>the</strong> Orange Free State established. Interested,naturally enough, in <strong>the</strong> simulated disputes and<strong>the</strong> revived claims going on to lands within <strong>the</strong> boundarywhich had been made over to <strong>the</strong>m in its integrityby <strong>the</strong> British Govemment, <strong>the</strong> Free State executiveinstead of treating <strong>the</strong> two N <strong>or</strong><strong>the</strong>m Grlqua chiefswith <strong>the</strong> indifference Her Majesty's officers had, andsimply (as <strong>the</strong>y were fully entitled to do) following so. good an example and ign<strong>or</strong>ing <strong>the</strong>ir claims, were 80in<strong>or</strong>dinately anzioua to pre8erve petuJe and do iuatice in <strong>the</strong>matter as to fall into <strong>the</strong> Griquas' trap, by paying respectto <strong>the</strong>ir disputes, and by aI"n-' c~lling upon Adam Kokto decide and arbitrate betw\.cln t:hem! And I am ableto declare that this act constitut.,d tke jir8t official recognitionof <strong>the</strong> right of ei<strong>the</strong>r WatArboer <strong>or</strong> ComeliusKok to any interference with land l:IOuth of <strong>the</strong> Vaal.The result of this mild eourse was <strong>the</strong> definition of<strong>the</strong> following boundary line by Adam Kok between<strong>the</strong> rival claimants. This is known as <strong>the</strong> " Vetbergline," and, being accepted by <strong>the</strong> Orange Free StateGovernment, gave to Waterboer kia jirat and onlo legalright on that 8ide of tke Vaal:-" YetiJwg, IOtA OctoiJw, 1855.• "The boundary line fixed betw$en Oapta.i.n N. Waterboer andOaptain O. Ko~ by A. Kok, Oaptain, as an impartial, with leave ofJ. Bloem, Oaptain, who has given his consent in writing to be satis­Ded as A. Kok, Oaptain, shall fix <strong>the</strong> line. The line is as foll')w8 :-"Commencing at <strong>the</strong> confiuen('e of<strong>the</strong> Riet and Vaal riv\:'~s, upalong <strong>the</strong> Riet River, to a. drift between <strong>the</strong> Klip and Saltpan ch :fts ;• V"td,p. 28, Annexures, Blue Book,O.F.S., "Minutea of Meeting at Nooitgedacht,1870," and pp. 19 and 69, Oapetown Blue Book, "C<strong>or</strong>respondence between H.M.High Commieeioner and <strong>the</strong> Preaident of <strong>the</strong> O.F.B., 1871.'•Digitized by Goog Ie


itiz' 'Y \. O' -I L


Digitized by Goog Ie


THE VETBERG-LINE~ 83from <strong>the</strong>re to a Xoppje; and from <strong>the</strong> Koppje a straight line toa Vaal ridge; and from. <strong>the</strong>re to a detaohed hill of Vetberg, to <strong>the</strong>outside hill, and with a straight line in <strong>the</strong> pan of Rabak, over <strong>the</strong>sand rise (bult) to <strong>the</strong> Kalldeegte, which runs to <strong>the</strong> pan; from<strong>the</strong>re with straight line between <strong>the</strong> Klein Ka.rree and Zont FOlltain,to <strong>the</strong> Koppje on which a beacon is placed, to <strong>the</strong> boundaryliae of A. Kok, Oaptain.U It is fur<strong>the</strong>r fixed f<strong>or</strong> a free passage to Philippolis, and Oampbelland Griqua ToW'll, 1,500 yards at ei<strong>the</strong>r side of <strong>the</strong> defined line, ot.... bich IlO p<strong>or</strong>tion shall be sold; and it shall be protected by l1eOaptains ot. Oampbell and Griqua Town."AnAlt: Kox, Oaptain."Approved by <strong>the</strong> underm.entioned council :-, "Pmr PIBlU.U,"PETRUS PmN..uB,"SToFFEL VIuem,/I AnAlt: KOK."In consequence of <strong>the</strong> Free State's gratuitous actapproving <strong>the</strong> above definition, I shall hencef<strong>or</strong>th considerboth C. Kok and Waterboer as fully entitled tocertain territ<strong>or</strong>y south of <strong>the</strong> Vaal-that of <strong>the</strong> latterchief.comprising <strong>the</strong> tract of land between <strong>the</strong> con­Huence of <strong>the</strong> V sal and Orange rivers, <strong>the</strong> Vetbergline, and part of <strong>the</strong> line from Ramah to David's Graf,as shown by <strong>the</strong> annexed diagr8m, C. This territ<strong>or</strong>ywill f<strong>or</strong> <strong>the</strong>!future be spoken of as Albania, <strong>the</strong> name. by which it has been known f<strong>or</strong> some years.A curious difficulty arose when <strong>the</strong> position of <strong>the</strong>, Vetberg line was known. It was found that two anda half farms belonging to Free State farmers fell withinWaterboer's boundary, and, as <strong>the</strong>se farms had been. bought, andl<strong>the</strong> purchase ratified by <strong>the</strong> British Government,during <strong>the</strong> existence of <strong>the</strong> Sovereignty, <strong>the</strong>. Free State auth<strong>or</strong>ities at once communicated with <strong>the</strong><strong>the</strong>n Govern<strong>or</strong> of <strong>the</strong> Cape, Sir Geo. Grey, K.C.B.G 2Digitized by Goog Ie


84 A BOUNDARY lJILEMlIA.From this despatch, dated Bloemfontein, 13th June,1856, <strong>the</strong> following extracts are taken:-"Waterboer'sline, as thus defined, cut off several farms whiohhad been sold by subjects of <strong>the</strong> two Kob to burghers of <strong>the</strong> FreeState, and among <strong>the</strong> rest that were out of our territ<strong>or</strong>y, <strong>the</strong> undermentionedtwo and a half farma f<strong>or</strong> which land oertificates had beengranted by <strong>the</strong> British ~ident.U lat.-The farm Driekopapan, No. 234, situated near Ramah,granted to W. D. Jacobs, as shown by land oerti.fioate, signed H.D. Warden, and dated 10th March, 1849.u 2nd.-The farm Waterbak, No. 2305, situated on <strong>the</strong> RietRiver, and granted to Solomon Vermaak, as per land certificate,dated 16th Maroh, 1849, and aigned H. D. Warden.U 3rd.-The farm Scholtzfontein, No. 380, situated between <strong>the</strong>Riet and Orange rivers, and granted to S. B. L. Swanepoel, byland certificate, dated lat March, 1852, and signed H. D. Warden;of this last <strong>about</strong> <strong>the</strong> half reverts to Waterboer." It may be proper to mention that <strong>the</strong>se :t'arms have all beensold to second parties, at <strong>the</strong> least onoe, at average prices.• . . "By article 4 of <strong>the</strong> Oonvention entered into with H. M.Speoial Oommissioner, Sir G. Olerk, it is agreed that aU f<strong>or</strong>merBritish aubjects shall be considered to be guaranteed in <strong>the</strong> possessionof <strong>the</strong>ir estatea by <strong>the</strong> New Orange River Government.u It <strong>the</strong> Volksraad should consent to <strong>the</strong> proposed line, ownersof <strong>the</strong>:t'arms abovementioned would have a claim on this Governmentf<strong>or</strong> compensation. . . •"In <strong>the</strong> event, on <strong>the</strong> o<strong>the</strong>r hand, of <strong>the</strong> Baa.d refusing to accept<strong>the</strong> line, this Govemment will have to protect <strong>the</strong> po8S88aion of<strong>the</strong>se farms, whioh may give rise to serious disputes, it not· tohostilities.· . • ."Nothing could m<strong>or</strong>e f<strong>or</strong>cibly illustrate <strong>the</strong> extremeanxiety of <strong>the</strong> Free State to act justly, and avoid encroachingupon Griqua territ<strong>or</strong>y, than <strong>the</strong> above c<strong>or</strong>respondence;n<strong>or</strong> could anything be found m<strong>or</strong>e• }·id. p. 58, Annexurea, Blue Book, O.F.S. "Minutes of Meetingat Nooitgedaoht, 1870."Digitized by Goog Ie


8m G. GREY'S POLICY. 85strikingly to confound and refute th(present ColonialGovernment and its menda~ious assertions as to itsmotives in seizing <strong>the</strong> <strong>diamond</strong> <strong>fields</strong> being to supp<strong>or</strong>tWaterboer against Free State encroachments !Instead of temp<strong>or</strong>ising with so utterly insignificanta rogue as <strong>the</strong> land thief, Waterboer, <strong>the</strong> Free Stateauth<strong>or</strong>ities would have been entirely justified in refusingto hear his impudent claims, and in drivinghim back to his home across <strong>the</strong> Vaal; indeed, itwould have been <strong>the</strong> wisest, most just, course <strong>the</strong>ycould have adopted. They would have followed <strong>the</strong>British policy in that matter, and would certainlyhave prevented all fear of future trouble with Waterboer<strong>about</strong> land boundaries.The following is <strong>the</strong> only reply <strong>the</strong> Free State Governmentever received to its despatch just quoted :-" G<strong>or</strong>:wnmmt HfIUI', Cap' Town, 29th NDf'., 1856.• "Sir,-I am instructed by H. E. <strong>the</strong> High Oommissioner toacquaint you, f<strong>or</strong> <strong>the</strong> inf<strong>or</strong>mation of his Honour, <strong>the</strong> President, that,owing to some inadvertency of his Honour's letters of <strong>the</strong> 9th and13th .Tune laat,-that of f<strong>or</strong>mer date bearing congratulations upon<strong>the</strong> happy termination of <strong>the</strong> late war, <strong>the</strong> latter date relative to<strong>the</strong> ..,..fact<strong>or</strong>y ,"lUmme of eM 1Jotmlary liM. in tM Gripa twrit<strong>or</strong>y,-<strong>the</strong>y did not reach H. E. until <strong>the</strong> 28th of <strong>the</strong> present on <strong>the</strong>,thus preventing him from taking <strong>the</strong>m into his earlier considerati!)n."I have <strong>the</strong> honour to be, Sir, yours, &c.,II (A true copy.) (Signed)"Fun TBAVEllS, Captain, B.A."F. K. Homu:. ( )" GDf'wnmme 811Jr.ttwy. "8l1Jrdary to High Comrniaionw."From this reply it is quite evident that Sir Ge<strong>or</strong>geGrey rightly left <strong>the</strong> Free State to settle its ownaffairs, and acted in strict acc<strong>or</strong>dance with <strong>the</strong> stipu-• ytde p. 55, Blue Book, O.F.S., ":Minutes of Meeting at Nooitge.daoht, 1870."Digitized by Goog Ie


THE nU·EMMA ARRAllGED.lations in <strong>the</strong> treaty <strong>or</strong> convention declaring its entirefreedom and independence. The Free State Governmenthaving received <strong>the</strong> above tacit conaent to itapolicy, maintained <strong>the</strong> Vetberg line 88 defined 1JyAdam Kok, but altered so 88 to leave out of <strong>the</strong> cunningMr. Waterboer's newly discovered and nowadmitted territ<strong>or</strong>y of Albania <strong>the</strong> two and a half farmsowned by right of British land certificates. Fromthat day until <strong>the</strong> seizure of <strong>the</strong> <strong>diamond</strong> field.&--somefifteen years I-this armngement had every f<strong>or</strong>ce oflaw, was generally recognized, and <strong>the</strong> owners of <strong>the</strong>retpeetive fa.rms remained in <strong>the</strong> unquestioDed and:undisturbed possession to which <strong>the</strong>y were 80 stronglyand undoubtedlyentitled-fiRtly by <strong>the</strong> 1llll'e8e'tVedguarantee of <strong>the</strong> Briiish SMereignty Government,and dam by that of <strong>the</strong> Free St~.Digitized by Goog Ie


EXTENSION <strong>or</strong> THE FREE STA.TE,CHAPTER V.SALE OF THE CllIPBELL LANDS.AND REKAINING PORTIONROF ADAM KOK'S T.ERlUTORY TO THE OR.UJGE FREESTA.TE; HEGIRA. OF THE SOUTHERN GRIQUA.S.ABDI04TION OJ!' CoJUQLIlJS Kox m FAVOl1B OJ!' ms NBPBBW, ADAK.­DEATH OJ!' CoUELIU8.-W ADB.BOlm'S FuUD'ULDT 0r.Anu.­lim FAUiUBB TO OBT.lIli ..un" PoRTION OJ!' TJm O.AKl'BllIa LARD,:.r E,mu-8mG P..tID OJP A.r.a.uIu..-lb. B. B.ABvn's l'owD,OJ!' A!n:oJurR' J'BeK AD ... x:o., .llm a.u.. OJ!' TKAll' OJaar.SIlI.IIJI[AJ]OlfG TumTOB.Y AlIID TJm OAKPDLL LAlms TO TBlI Puax-.DDT aP Tim F:au STATB.-DDD OJ'SALE.-W ADBBOU'STBIOKY PoLICY TO OBTAIli PART OJ!' TmI SoLD GB01JlO).-ADA.K][<strong>or</strong>a OoKPuarn.--(JoJDllDl'l" '!'mIUOlf.-A. SVIOUBY OP TIbr'TABIOUS TmumoauL Rmimlrm .A.n.uwma.Although Adam Kok's boundaries were fa.ithfulIYrespected f<strong>or</strong> a. number of years by <strong>the</strong> Free State,yet, day by day, his subjects sold and alienated awayfrom <strong>the</strong> tribe f<strong>or</strong> ever, to <strong>the</strong> indtmtrious boer" landsand farms <strong>the</strong>y were <strong>the</strong>mselves too lazy to utilize.In this way it came to p888 that within eight yeanafter <strong>the</strong> COnTention (quo1led .. edtJnItI, Chapter m. )'<strong>the</strong> Griquas of PhilippoJis had di8poeed of a.lm0Bt sllthat fine tract of eountry <strong>or</strong>iginally secured to <strong>the</strong>m'as<strong>the</strong> "inalienable"" territ<strong>or</strong>y by Sir P. Maitland, and'.now, in 1861, sought to sell what remained, andbetake <strong>the</strong>mselves to "o<strong>the</strong>r <strong>fields</strong> and pastures new';"Digitized by Goog Ie


88 ABDICATION OF COBNELIUS KOK.<strong>the</strong> British Government having (it appears) promisedAdam Kok a location in some waste lands-known asNo Man's Land-on <strong>the</strong> western frontier of Natal.In <strong>the</strong> meanwhile, however, an event had transpired.which, unnoticed and unimp<strong>or</strong>tant enough at <strong>the</strong> time,has now become a matter of considerable interest, andrequires to be mentioned by us in its proper chronological<strong>or</strong>der bef<strong>or</strong>e dealing with <strong>the</strong> hegira.About <strong>the</strong> end of <strong>the</strong> year 1857 (acc<strong>or</strong>ding toHendrik Hendrikse's statement already referred to inChapters II. and IV.), C<strong>or</strong>nelius Kok being <strong>the</strong>n veryold and feeble, and feeling unable to continue <strong>the</strong>proper government of his people, called toge<strong>the</strong>r ameeting of <strong>the</strong>m, which Adam Kok, <strong>the</strong> principalGriqua chief, had also been induced to attend fromPhilippolis. At this meeting C<strong>or</strong>nelius Kok, by <strong>the</strong>consent of his subjects, f<strong>or</strong>mally abdicated his positionas <strong>the</strong> chief and captain of Campbell, and made over<strong>the</strong> future rule and government to his rightful heir andsuccess<strong>or</strong>, Captain Adam Kok, his nephew,-fromwhose fa<strong>the</strong>r he had received <strong>the</strong> dignity at <strong>the</strong> sametime <strong>the</strong> late Andries Waterboer was appointed toGriqua Town.Adam Kok accepted <strong>the</strong> responsibility and auth<strong>or</strong>ityof <strong>the</strong> chieftainship of <strong>the</strong> Campbell lands; but, as heresided so far away, at Philippolis, appointed Mr. JohnBartlett, <strong>the</strong> son of a f<strong>or</strong>mer missionary at Campbell,as vice <strong>or</strong> provisional captain in his place.Sh<strong>or</strong>tly afterwards, early in 1858, old C<strong>or</strong>neliusKok died, and at his death-bed <strong>the</strong> above and o<strong>the</strong>rpolitical matters were fur<strong>the</strong>r arranged.Waterboer seems to have bgen personally present,with some of his people and councill<strong>or</strong>s, at both events.Digitized by Goog Ie


WATERBOm'S PLOT. 89Not at that time, n<strong>or</strong> f<strong>or</strong> years after, did he raise anyobjection to <strong>the</strong> full right of C<strong>or</strong>nelius Kok tobequeath, retire, and relinquish in favour of AdamKok; nei<strong>the</strong>r did he question <strong>the</strong> latter's completeand hereditary right to inherit and accept. Indeed,<strong>the</strong>re is ample evidence to prove that he th<strong>or</strong>oughlyend<strong>or</strong>sed everything that was <strong>the</strong>n executed andarranged.Yet now both him. and his backers, since <strong>diamond</strong>shave been discovered within <strong>the</strong> territ<strong>or</strong>y commonlyassigned to <strong>the</strong> late C<strong>or</strong>nelius Kok, have <strong>the</strong> brazeneffrontery and hardihood to deny and dispute all thosefacts to which he had f<strong>or</strong>merly agreed; to challengenot only Adam Kok's right of succession, but todeclare that C<strong>or</strong>nelius was not an independent chief,but Walerboer'a petty sub<strong>or</strong>dinate I-that <strong>the</strong> Campbelllands, in fact, belonged to him, Waterboer; thatlie, and not Dam Kok, had appointed C<strong>or</strong>nelius to <strong>the</strong>chieftainship of Campbell; that, upon <strong>the</strong> latter'sdeath, <strong>the</strong> land and its Suzerainship should havereverted to him; toge<strong>the</strong>r with many o<strong>the</strong>r preposterousclaims and assertions never mentionedat tile time, never beard 0/ be/<strong>or</strong>e, and which we possessa voluminous mass of evidence to refute, by and by, at<strong>the</strong> proper place, when we come to deal with <strong>the</strong>Anglo-Griqua claim to, and f<strong>or</strong>cible seizure of, <strong>the</strong><strong>diamond</strong> <strong>fields</strong>.After exercising undisputed auth<strong>or</strong>ity over <strong>the</strong>Campbell land Griquas f<strong>or</strong> upwards of four years,Adam Kok gave up his right as <strong>the</strong>ir territ<strong>or</strong>ial chief,and <strong>the</strong> exodus of <strong>the</strong> Griquas of Philippolis occurred.The way in . which Adam Kok surrendered hisright to, and rule over, <strong>the</strong> Campbell llnds is highlyDigitized by Goog Ie


90 . CAMPBELL-LAlOlB Jm!'OSBD FOB ALBANIA.sWUficamt, and Waterboer, OI! starting his presentimpudeat


MR. BA.BVEr's AO'rJDiIlUXr. 91' :;Waterboer's right aDd title? And how'was it that at<strong>the</strong> time he never even made so much as a protestagainst this wholesale alienation and disposal of his.alleged lands? Echo alone repli~After this event Adam Kok, by <strong>the</strong> medium of hisagent, Mr. Henry Harvey, of Philippolis, effected <strong>the</strong>sales referred to.The legality of <strong>the</strong>se sales, <strong>or</strong>, ra<strong>the</strong>r, a part of<strong>the</strong>m, having been subsequently questioned, and <strong>the</strong>whole of <strong>the</strong>m being now, f<strong>or</strong> <strong>the</strong> first time, disputed.by Waterboer, it is necessary to quote z"n ezten8Dwhatever official documents exist in connection with<strong>the</strong> <strong>or</strong>iginal transactions; and that which followspossesses peculiar imp<strong>or</strong>tance, as Waterboer's Britishwen snd abett<strong>or</strong>s have taken up <strong>the</strong> cry that Mr.Harvey sold without holding sufficient auth<strong>or</strong>ity.POWER OF ATTO&~Y.[n...kJtitm·l• "I, <strong>the</strong> undersigned, Adam Kok, Chief of <strong>the</strong> Griquaa of tiletown and district of Philippolis, declare hereby, by advice and COil-8eDt of my Council, who have also signed this, to nominate. aadappoint, and in <strong>the</strong> beat wa.y to empower, Mr. Henry Harvey, at <strong>the</strong>present time my general agent, with power of substitution, specialas my agent, empowered, and to represent me in all cases required.to be done and executed in my bef<strong>or</strong>ementioned capacity as Chief;to attend inspee&n of grounds in said territ<strong>or</strong>y; and to do what isrequired of me to be done in my bef<strong>or</strong>e mentioned capacity; tosettle all disputes, if possible, that may arise with reference to myboundary, and m<strong>or</strong>e especially to superintend and to watch <strong>the</strong> ,interests of <strong>the</strong> Grikwa Government, ",itA ,.'.!erlBM to BUM ~IU ..., lu IMlnd U lultmg u eM GriN(I GOfIlmmmt; U ,Ill .. grDfMllllIw tIe«Jtlnt of '(lUi GOfIwnmmt, utlw .... contiitim, IU tis lulw,• Vide p. 2. Annexure&, No. 4.. Blue Book. O.F.S.. "Minutes of][eftiDg at NooitsecJaebt, 18'10;" ana p. 4.9, Capetown Blue Book. No; 1.Digitized by Goog Ie


92 POWER OF ATTORNEY •..".,i0tu4 Hm" Han", of Paljaaf'ontein, in <strong>the</strong> Orange Free Statemag tlHm fit; to foe, to r,""", eM amount of purcluu, f1Um1l, IIftd to"._t rlClipe; 11180 to ".1I"e tit" dutl8 of eM .IIIM to PWCMur <strong>or</strong> pureluu"..of -11 grots"th, <strong>or</strong> p<strong>or</strong>tion tn.,.,oj, "'longing to eM 'ilitl Grw".,.­mat; and, it required, to pass and give tra.naf'ers; and, in defaultof such purchase moneys not being paid on such grounds <strong>or</strong> p<strong>or</strong>tiOIlBby <strong>the</strong> purchasers <strong>or</strong> o<strong>the</strong>r securities, <strong>the</strong>n to take <strong>the</strong> necessarylawful steps as he may deem fit."Whereas I have left my land register and o<strong>the</strong>r office books inhands of my agent and representativo, <strong>the</strong> said Henry Harvey, tobe used by him when necessary, I hereby give him full power, right,and auth<strong>or</strong>ity to produce <strong>the</strong> said books, <strong>or</strong> any <strong>the</strong>reof, to makeextracts of <strong>the</strong> same, and to sign sU:lh; all of which shall be consideredas if done by me in my af<strong>or</strong>esaid capacity; and <strong>the</strong> sameto be recognized in all Courts, and without <strong>the</strong> same."Fur<strong>the</strong>r, in my name, and on my behalf, and in my capacity asChief of <strong>the</strong> Grikwa nation, and as representing <strong>the</strong> Grikwa Government 88 af<strong>or</strong>esaid, with his Honour <strong>the</strong> President of <strong>the</strong> Free State,and o<strong>the</strong>r oftl.cials appointed by <strong>the</strong> Free State Government <strong>or</strong>auth<strong>or</strong>ized, if necessary, to make arrangements to decide and dowhat is required with reference to land cases in <strong>the</strong> Grikwa territ<strong>or</strong>y,<strong>or</strong> any o<strong>the</strong>r case <strong>or</strong> cases in connection with <strong>the</strong> interests of<strong>the</strong> Grikwa Government, 88 if I, in my bef<strong>or</strong>e mentioned capacity,being present and acting, could, might, <strong>or</strong> ought to do."Lastly, in all o<strong>the</strong>r cases not described in this power to representmy person in bef<strong>or</strong>e mentioned capacity, and to do everythingwith regard to <strong>the</strong> Grikwa Government that may be required, allwith promise of approbation and indemnification, acc<strong>or</strong>ding to law. ." Given under my hand, at Pbilippolis, this 15th day of <strong>the</strong>month August, One Thousand Eight Hundred andSixty-one."ADAM KOK, Oaptain.,: Witnesses :W. J. CRosSLEY, Government Secretary,W.F. HYDB,W. H. VAB DO HoVEN,PuT PmuAll,LuxAS VAN DO WBSTll1J'IZBN,WILLBM: BBZ1l'IDBlmBlJ'D."The italicized passages in <strong>the</strong> above. document areDigitized by Goog Ie


SILENCE OF WATERBOER. 93most swooping and unreserved. F<strong>or</strong> my ~part, withsuch a power, it is not what Mr. Harvey could sell thatI should be troubled to ascertain, but what he couldnot. En alJrege, it is clear that his auth<strong>or</strong>ity was amplysufficient to sell every inch of ground <strong>the</strong>n remainingto <strong>the</strong> Griqua Government; and that he did.It is imp<strong>or</strong>tant to remember that <strong>the</strong> above absolutepower of att<strong>or</strong>ney was conferred. upon Mr. Harvey f<strong>or</strong><strong>the</strong> express purpose of selling <strong>the</strong> grounds <strong>the</strong>n remainingto <strong>the</strong> chief, Adam Kok, and whose Governmentwe have seen included <strong>the</strong> Campbell-lands :since<strong>the</strong> abdication <strong>or</strong> retirement of C<strong>or</strong>nelius Kok in 1857.It is also a striking fact that' not f<strong>or</strong> several ~ yearsbef<strong>or</strong>e n<strong>or</strong> several years after <strong>the</strong> sales by Mr. Harveydoes anything at all appear concerning Waterboer,<strong>or</strong> any interest whatever of Waterboer's in that connection.Nothing can be found to show that he wasever to be seen <strong>or</strong> heard of at <strong>the</strong> very timelhe wouldmost assuredly have been making a greatJ:noise in <strong>the</strong>land had he only <strong>the</strong>n thought of his wrong, and howhe was being plundered by <strong>the</strong> actual sale of his territ<strong>or</strong>y,under his very nose, to <strong>the</strong> abh<strong>or</strong>red Free State/Joer8 and burghers !Here follows <strong>the</strong> agreement <strong>or</strong> deed of sale between<strong>the</strong> two contracting powers :-[ fi'tJIIIU.tiOfl. ]A."nUXURB, No. 16.DEED.U • The undaosigned, lfarthinus Weuel Pret<strong>or</strong>ius, State Presidentof <strong>the</strong> Orange Free State, acting in this f<strong>or</strong> and on behalt of <strong>the</strong>aid State:• rtde p. 25, Annexuree, Blue Book, O.F.S., '''.Minutes of lleetiDg atNooitgedacht, 1870;" and p. 67, Oapetown Blue Book, No 1.Digitized by Goog Ie


.94 DBBD OF SALE."Declareatohave parohflMllt and <strong>the</strong> co-eignat<strong>or</strong>e,B.emy Huny,landed propriet<strong>or</strong>, t<strong>or</strong>merly residing at Paljufontein, At pr8l8llt. at Pbilippolis 88 general agent, and ~ MpowII"1Il by Adam.Kok, Chiet of <strong>the</strong> Griquas of <strong>the</strong> town and district Philippolis, withadrioe and CODII8Ilt of his Councill<strong>or</strong>s by deed, dated 15th Augnat,1861, of which a copy ja h81'ewith annexed, to fIIIIiI tM 1tIIr1iuJlw_titm84 IoU :" Declares to have sold all <strong>the</strong> open ground which shall be found. to belong to <strong>the</strong> Griqua Govemment, 88 well 88 all <strong>the</strong> right audtitle to <strong>the</strong> Griqua land f<strong>or</strong>merly poeaeeeed by Adam Kok and hispeople, liUuJiu 1M' 01 tAl 11118 ConNliw Lk; and whioh pcMIII888i.nand right were subsequently con1imled by treaty, dated 6th February,1846, between his ExcellenC7 Sir P. Maitland, Govern<strong>or</strong>­General ot <strong>the</strong> British poll8888ioDS in <strong>South</strong> Africa, and Oaptain. Adam Kok, Ohlet ot <strong>the</strong> Phllippolis Griquas, f<strong>or</strong> himselfand f<strong>or</strong> <strong>the</strong>Griquas af<strong>or</strong>ementioned." By open ground is understoocl all lands which up to this datehave not become <strong>the</strong> property ot separate individuals."The purchase amount ot all <strong>the</strong> herein bef<strong>or</strong>e mentioned right andtitle, 88 also <strong>the</strong> transfer of <strong>the</strong> ownership ot bet<strong>or</strong>e meutioned opengrounds, is fixed at <strong>the</strong> aum of £4,000, say Four Thousand PoundsSterling." His Honour, <strong>the</strong> pnrohaaer, OOnlares, however, that <strong>the</strong> purahaaeand sale must be ratified by <strong>the</strong> Honourble <strong>the</strong> Volkaraad at <strong>the</strong>Orange Free State, and will lay this document t<strong>or</strong> approval bef<strong>or</strong>e<strong>the</strong> Raad, at its next tollowing sel8ion in February.u It:ia fur<strong>the</strong>r stipulated that <strong>the</strong> purchase amount (<strong>the</strong> sum ofFour Thousand Pounds Sterling) shall be paid by <strong>the</strong> Govemmeatot <strong>the</strong> Orange Free State in tour instalments." The first instalment, <strong>the</strong> sum of One Thousand Pounds Sterlliag,so soon 88 <strong>the</strong> purchase ahaiI have been approved of by <strong>the</strong> Volksraadot <strong>the</strong> Orange Free State and transfer shall have been given;and <strong>the</strong> tollowing three years, every year one instalment, <strong>the</strong> likesum of One Thousand Pounds Sterling yearly, with <strong>the</strong> interest atsix per cent."And <strong>the</strong> aeller q.q. dec1Mea and promises that nei<strong>the</strong>r he, n<strong>or</strong> in. his behalf, n<strong>or</strong> by his principal, from this day, <strong>the</strong> Twenty-aixthDecember,11861, will any m<strong>or</strong>e ground be given out <strong>or</strong> sold matil...tAe -Baal -approoval <strong>or</strong> rejection of this purchase and sale by <strong>the</strong>Honourable <strong>the</strong> Volksraad of <strong>the</strong> Orange Free State; in <strong>the</strong> firstcoming)eeaion in February.Digitized by Goog Ie


96V ctlbrMcl.., Bot be 1riDiDC to oon:&rm t1liaII h cue ibs _purchase and sale, his B01l0ur, <strong>the</strong> purcbaaer, declarea that <strong>the</strong>purchase shall be oonsidered as not haTing taken p1aoe, with whim<strong>the</strong> seller q.q. agnes.cc It ia faItIaer 1ltipalate4, with deme of <strong>the</strong> sellar, that all t'a.tm8iDapeoted ~,Oap6ain.A.MmKok_hiI CIommjuiOJl, udol",hiehinspectiOD a WJitten ~tion of <strong>the</strong> boundaries shall UTe beeusigned by Adam Kok and <strong>the</strong> m8lllbers of bit Oonnnjaaion, aba11not again be inspected."Thu dou and pUled in duplieate, and f<strong>or</strong> <strong>the</strong> fulfilment ofwhieh we bind oar peraon8 and p!Op8riy, in preeence of <strong>the</strong> undersignedwimesaea, at Fbilippolia, thia Twaty.mth day of December,Eighteen Hundred and Sixty-one."lr[. W. PRETORIUS," State ~dent.U H. lIARTEY, q.q.,.. AD.ut KoE, Kaptijn." Witu.e888I :E. v..ur OLDD'.W. J. OBoSILBY."The terms and stipulations of <strong>the</strong> above deed areclear and distinct. It is pointed out that Mr. Harveywas specially empowered to make those sales; that hedid so; and that <strong>the</strong> open grounds of <strong>the</strong> late ComeliusKok were "likewise" included. Unless, <strong>the</strong>ref<strong>or</strong>e,exception were taken at <strong>the</strong> time, <strong>the</strong> terms of<strong>the</strong> deed became law. Both Adam Kok and <strong>the</strong> FreeState Volksraad sanctioned and end<strong>or</strong>sed <strong>the</strong> sale as<strong>the</strong>~in described; <strong>the</strong> Government of <strong>the</strong> Free Statepaid <strong>the</strong> purchase-money, £4,000; and Adam Kok receivedit, toge<strong>the</strong>r with fur<strong>the</strong>r large sums, makingaltoge<strong>the</strong>r·a total of nearly £8,000 f<strong>or</strong> certain privatelands which were also disposed of at <strong>the</strong> same time.Immediately:afterwards Adam Kok and his Griquaspacked up,and went off to No-man's-land; but, with <strong>the</strong>usual cunning of his race, and <strong>the</strong> peculiar aptitudeDigitized by Goog Ie


96 GRIQUA DISHONESTY.<strong>the</strong>y have ever shown to fraudulent dealing in landtransactions, he seems to have given to Waterboer certainterrit<strong>or</strong>y subsequent to its sale, and m<strong>or</strong>eover,after ke had left tke country and pocketed tke mtJ1U!/, tohave denied that he had sold <strong>the</strong> Campbell lands! Atall events, although it was nine years bef<strong>or</strong>e Waterboerdistinctly disputed <strong>the</strong> sales just described, andAdam Kok's right to make <strong>the</strong>m, it is quite certainthat, not long after <strong>the</strong>m, he had commenced appropriatingsome of <strong>the</strong> sold territ<strong>or</strong>y of <strong>the</strong> late C<strong>or</strong>neliusKok, and that Adam Kok simultaneously began todeny that he had ever sold <strong>the</strong> Campbell lands !After <strong>the</strong> departure of <strong>the</strong> Philippolis Griquas <strong>the</strong>territ<strong>or</strong>y of Water boer remained as <strong>the</strong> only Griqnaland, and it laid entirely to <strong>the</strong> west of <strong>the</strong> Vetberg lineand <strong>the</strong> <strong>or</strong>iginal line of demarcation made by old Dam .Kok between Campbell and Griqna Town, <strong>the</strong> onlyGriqna ground <strong>South</strong> of <strong>the</strong> Vaal peing Albania.M<strong>or</strong>eover, although indefinite claims may have beenadvanced (acc<strong>or</strong>ding to <strong>the</strong> tactics which had provedso successful in producing <strong>the</strong> Vetberg line), andWaterboer may have encroached upon <strong>the</strong> Campbelllands, it is quite certain that, subsequent to AdamKok's last sale, he never, by any means <strong>or</strong> ways whatsoever,advanced a single claim to that large tract ofcountry on <strong>the</strong> south bank of <strong>the</strong> Vaal which we havenamed <strong>South</strong> <strong>Adamantia</strong>, and which has f<strong>or</strong> so manyyears been part and parcel of <strong>the</strong> Orange Free State,until <strong>the</strong> 1st September, 1863, when, as <strong>the</strong> Free Stateauth<strong>or</strong>ities believe, he was instigated <strong>the</strong>reto:,bya certainMr. David Arnot, and, in 1810, <strong>the</strong> British andColonial Governments took up this claim !At <strong>the</strong> period to which we have arrived-1861-2-Digitized by Goog Ie


GRIQUA LAND CHEATING. 91but little was known of <strong>the</strong> country n<strong>or</strong>th of <strong>the</strong> Vaal;indeed, 'it seems very probable that <strong>the</strong> Free StateGovernment had but a vague idea as to <strong>the</strong> nature andextent of th~ territ<strong>or</strong>y to which it had become entitledby its purchase of <strong>the</strong> Campbell grounds; whilst it isquite certain that Mr. Harvey (as representing <strong>the</strong>chief, Adam Kok) was ign<strong>or</strong>ant as to <strong>the</strong> very where<strong>about</strong>sof <strong>the</strong> lands he had been instructed to sellbeyond <strong>the</strong> river.-Taking advantage of this, <strong>the</strong> cunning half-breedsbegan to simulate an occupation (f<strong>or</strong> <strong>the</strong>y never reallyoccupied even <strong>the</strong> <strong>or</strong>iginal districts around GriquaTown), and pretend an ownership of p<strong>or</strong>tions of <strong>the</strong>Campbell lands. Hearing of <strong>the</strong>se proceedings, <strong>the</strong>President of <strong>the</strong> Free State issued a proclamation,­bearing date September 24th, 1862, asserting his purchase,"f<strong>or</strong> and on behalf of <strong>the</strong> Orange Free StateGovernment, of all <strong>the</strong> right and title of <strong>the</strong> said C<strong>or</strong>neliusKok on this as well as <strong>the</strong> o<strong>the</strong>r side of <strong>the</strong>Vaal River;" and, warning all persons nei<strong>the</strong>r tobarter, purchase, n<strong>or</strong> take posse~sion of any landswithin those limits, asserted <strong>the</strong> right and claim ofhis Government. rrhis proclamati~n appeared in <strong>the</strong>Government Gazette of <strong>the</strong> Orange Free State, No. 290,October 8th, 1862.And now, having pocketed <strong>the</strong> money, and beingsafely out of <strong>the</strong> country, Adam Kok denied <strong>the</strong> sale!In <strong>the</strong> Friend of tke Pree State; 26th December,1862, appears a notice t from that chief, in which hedeclares his "desire to have it made known that <strong>the</strong>• YuH p. 27, Ann~ureB, Blue Book, O.F,S'J "Minutes of Meeting atNooitgedacht, 1870:'t Firat published in <strong>the</strong> Co'le.berg .Adrenue·J 23rd December, 1862.HDigitized by Goog Ie


98 WATERBOER AND CO.'S LOGIc.right sold f9r my account by Mr. Henry Harvey conji1l8lJit8elf to <strong>the</strong> 8OUtll, bank of <strong>the</strong> Vaal River, and in n<strong>or</strong>espect applies to territ<strong>or</strong>y n<strong>or</strong>th of <strong>the</strong> Vaal River."This document is now produced by Waterboer insupp<strong>or</strong>t of his present claim to all <strong>the</strong> grounds which.were bought by <strong>the</strong> Free State in 1861, both n<strong>or</strong>thand 80uth of <strong>the</strong> Vaal !Evidently <strong>the</strong> Griqua's mind is not critical. He andhis Anglo-Saxon colleagues most especially desire tomake out a claim to <strong>South</strong> <strong>Adamantia</strong> (where are <strong>the</strong>famous "dry diggings," <strong>the</strong> only payable places on<strong>the</strong> <strong>diamond</strong> <strong>fields</strong>); and here <strong>the</strong>y produce as evidenceon <strong>the</strong>ir side a document which, even supposing itsstatements were true, cuts both ways, and, f<strong>or</strong> <strong>the</strong>m,<strong>the</strong> w<strong>or</strong>st way. too ! M<strong>or</strong>eover, in <strong>the</strong> one case it declaresand testifies to <strong>the</strong> sale of <strong>the</strong> lands south of <strong>the</strong>Vaal-thus contradicting Waterboer's maj<strong>or</strong> claim,­and in <strong>the</strong> o<strong>the</strong>r, it very materially weakens <strong>the</strong> min<strong>or</strong>,by <strong>the</strong> generally admitted maxim that where falsehoodonce appears, falsehood permeates <strong>the</strong> whole evidence.But even taking <strong>the</strong> least unfavourableviewof it (1) howdoes <strong>the</strong> alleged fact that Adam Kok's sale of groundwas confined to <strong>the</strong> south of <strong>the</strong> Vaal prove f<strong>or</strong>, <strong>or</strong> giveWaterboer any right to that to <strong>the</strong> n<strong>or</strong>th? (2) and if, f<strong>or</strong><strong>the</strong> sake of argument, it be admitted that Adam Kok'sunsupp<strong>or</strong>ted assertion invalidates <strong>the</strong> Free State's claimto <strong>the</strong> C~pbelllands, how does it give Waterboer aright to <strong>the</strong> lands to <strong>the</strong> !Outh of <strong>the</strong> V sal ? The otIU8probandi rests with <strong>the</strong> plaintiffs'; negative proof doesnot advance <strong>the</strong>ir case; it is not at all necessary f<strong>or</strong><strong>the</strong>m to discuss <strong>the</strong> merits of tbe Free State constitu·tion, but very mush so f<strong>or</strong> ihem to prove <strong>the</strong>ir owncl~s. I sho~d like to hear Mr. Sou<strong>the</strong>y (<strong>the</strong> CapeDigitized by Goog Ie


8lJJDUBY. 99Town Colonial Secretary, and, apparently, Waterboer'sgreat advocate and ally) reply to <strong>the</strong> above twopropositions.Mr. Harvey's power of att<strong>or</strong>ney, ·and <strong>the</strong> deed ofsale already quoted, would satisfy any just mind as to<strong>the</strong> right and legality of <strong>the</strong> sales effected; but, asWaterboer and Co. now dispute <strong>the</strong>m in toto, we mut,par f<strong>or</strong>ce, produce and enter into <strong>the</strong> analysis andexamination of <strong>the</strong> whole mass of evidence existing<strong>the</strong>reon.Bef<strong>or</strong>e, however, proceeding to do so, and probablycumbering and muddling <strong>the</strong> case (as I believe thatsufficient proof has already been given to satisfy anyunprejudiced mind that Adam Koklegally sold, and <strong>the</strong>Free State rightly purchased, both <strong>the</strong> open groundsof that chief and <strong>the</strong> late C<strong>or</strong>nelius Kok), I will assuccintly as possible sum up what I have done, <strong>or</strong> tried.to do, up to this point of my w<strong>or</strong>k, in <strong>the</strong> way ofproving <strong>the</strong> real ownership of <strong>Adamantia</strong>-<strong>the</strong> tribes<strong>or</strong> people in whom <strong>the</strong> territ<strong>or</strong>ial right <strong>or</strong> sovereigntyreally exists. M<strong>or</strong>eover, in law, by law civil andinternational, <strong>the</strong> same state still prevails; though, f<strong>or</strong>a time, perhaps, brute f<strong>or</strong>ce has usurped <strong>the</strong> rule andpOssession of <strong>the</strong> country, and, in f8.ct, an interregnumexists - <strong>the</strong> mongrel institutions sUtrted by <strong>the</strong> ColonialGovernment of <strong>the</strong> Cape Colony, professing to be halfColonial, half Griqua, being illegal in every sense andphase, transit<strong>or</strong>y, and doomed to early dissolution,when <strong>the</strong> rig1itful Fme State aUlh<strong>or</strong>ity should return.SUlDIARY OP TEmuTORIAL RIGHTS IN AnAlrU.NTIA.1. It has been oonolusively shown that <strong>the</strong> peopleand <strong>the</strong> Government of <strong>the</strong> Orange Free state atu2Digitized by Goog Ie


IOO'l'ERRITORUL RIGHTS,various periods purchased <strong>or</strong> succeeded to all landssouth 'of <strong>the</strong> Vaal, n<strong>or</strong>th of <strong>the</strong> Orange River, and westof Basuto-Ialld-<strong>South</strong> <strong>Adamantia</strong>, in fact (1) By successionto <strong>the</strong> rights and territ<strong>or</strong>ies f<strong>or</strong>mally made overby <strong>the</strong> British Government at its abandonment of <strong>the</strong>Orange River Sovereignty; (2) by <strong>the</strong> peaceful and undisputedoccupation of waste-lands ; (3) by <strong>the</strong> purchaseof occupied lands from <strong>the</strong> supposed owners, Bushmenand <strong>the</strong> Bushmen chiefs, David Dantzer, Mand<strong>or</strong>,Kousopp, Kogleman, and o<strong>the</strong>rs; (4) by <strong>the</strong> purchase of.all south Griqua land (except Albania only) fro~ <strong>the</strong>people, and from <strong>the</strong> chiefs, C<strong>or</strong>nelius Kok and AdamKok.2. By <strong>the</strong> extreme moderation and generosity of <strong>the</strong>Free State, Waterboer was permitted to clahu <strong>the</strong>territ<strong>or</strong>y known as Albania; and his claim was legalizedand established to <strong>the</strong> same solely by <strong>the</strong> consentand action of <strong>the</strong> Free State Government in <strong>the</strong> matterof its adoption and recognition of <strong>the</strong> Vetberg line.3. The Orange Free State, by its purchase of allopen ground f<strong>or</strong>merly under <strong>the</strong> chief, C<strong>or</strong>nelius Kok,n<strong>or</strong>th of <strong>the</strong> Vaal River, became th.e lawful possess<strong>or</strong>of all <strong>the</strong> Campbell lands except such p<strong>or</strong>tions as maybe in <strong>the</strong> actual possession and occupation, as farms,of Griquas-without prejudice to <strong>the</strong> claims, if any,o<strong>the</strong>r tribes <strong>or</strong> people may have as against <strong>the</strong> lateC<strong>or</strong>nelius Kok and Griquas.4. Such p<strong>or</strong>tions of <strong>the</strong> Campbell lands as are in<strong>the</strong> absolute possession of Griqua owners, squatters, <strong>or</strong>farmers, are exempt from both Free State auth<strong>or</strong>ityand that of Waterboer; <strong>the</strong> territ<strong>or</strong>ial right <strong>or</strong> sovereigntyof such lands being ei<strong>the</strong>r in abeyance <strong>or</strong> unclaimedby <strong>the</strong> only apparent heir, <strong>the</strong> paramountchief of <strong>the</strong> K<strong>or</strong>anas, Massau Rijt Taaibosch.Digitized by Goog Ie


THE KORANA CLA.D[. 1015. Griqua land under Waterboer comprises all thatextensive tract of territ<strong>or</strong>y, <strong>the</strong> <strong>or</strong>iginal districts ofGriqua Town, n<strong>or</strong>th of <strong>the</strong> V sal and Orange rivers,bounded on <strong>the</strong> west by <strong>the</strong> Langeberg hills, on <strong>the</strong>n<strong>or</strong>th by <strong>the</strong> line separating <strong>the</strong> Batlaping Kafirs from<strong>the</strong> Griquas, and on <strong>the</strong> east by <strong>the</strong> <strong>or</strong>iginal line madeby old Dam Kok between Campbell and Griqua Town-without prejudice to <strong>the</strong> claims, if any, o<strong>the</strong>r tribes<strong>or</strong> people may have as against <strong>the</strong> Griquas <strong>the</strong>mselves.6. The country east of <strong>the</strong> Harts River, along <strong>the</strong>n<strong>or</strong><strong>the</strong>rn bank of <strong>the</strong> V sal, is, and has been f<strong>or</strong> nearlya century, in posseSsion of Batlaping Kafirs, whoacknowledge only <strong>the</strong> K<strong>or</strong>ana Chief, Massau, as <strong>the</strong>irterrit<strong>or</strong>ial head, from whose ancest<strong>or</strong> <strong>the</strong>y obtainedpermission to settle upon those lands, although now,f<strong>or</strong> <strong>the</strong> first time, Waterboer claims <strong>the</strong>m, and is supp<strong>or</strong>tedby <strong>the</strong> British and Cape Colony governments.7. That <strong>the</strong> K<strong>or</strong>ana Chief, Massau Rijt Taaibosch,has advancet1 <strong>the</strong> only rightful territ<strong>or</strong>ial and hereditaryclaim to all Griqua land and <strong>the</strong> Campbell lands-in fact, to all of <strong>Adamantia</strong> n<strong>or</strong>th of <strong>the</strong> Vaal-seemsindisputable; but, at <strong>the</strong> same time, he does not seemto assert his claim with any fur<strong>the</strong>r intention than topreserve inviolate <strong>the</strong> territ<strong>or</strong>y of Mamusa, <strong>or</strong> that at<strong>the</strong> present time actually occupied by himself andpeople, as well as by his allies <strong>or</strong> feudat<strong>or</strong>ies, <strong>the</strong>Batlaping Kafirs <strong>about</strong> <strong>the</strong> Harts River. He does notseek to resume <strong>the</strong> territ<strong>or</strong>ial rights over Griqua land,which appear to have been abandoned by his predecess<strong>or</strong>sf<strong>or</strong> so long a period as over fifty years, andwhich rights, indeed, may well be argued to haveexpired simply by effluxion of time; f<strong>or</strong> although,Digitized by Goog Ie


102 XORANAS fl. WATERBOER.as I observed in commenting upon <strong>the</strong> <strong>or</strong>iginal settlementof <strong>the</strong> Griqua squatters in Chapter II., <strong>the</strong> simplefact that non-interference with settlers can hardly give<strong>the</strong>m territ<strong>or</strong>ial rights seems plain, yet a very differentphase is put upon <strong>the</strong> matter when <strong>the</strong>se settlers arenot only left in undisturbed possession f<strong>or</strong> half acentury, but are even allowed to sell and alienate largetracts of <strong>the</strong> country to second and third parties, asmuch f<strong>or</strong>eigners to <strong>the</strong> land as were <strong>the</strong>y upon <strong>the</strong>irfirst arrival, without any protest <strong>or</strong> remonstrance from<strong>the</strong> <strong>or</strong>iginal owners. But, <strong>the</strong>n again, although thisargument applies very f<strong>or</strong>cibly to <strong>the</strong> f<strong>or</strong>mer lands andacts of Adam and C<strong>or</strong>nelius Kok, it cannot be urgedin favour of W aterboer, f<strong>or</strong> nei<strong>the</strong>r he n<strong>or</strong> his pooJ,lleEWer sold any of <strong>the</strong>ir ground to whites; and, should heseek to apply <strong>the</strong> argument, it leaves <strong>the</strong> K<strong>or</strong>ana Chief<strong>the</strong> reply that, had Waterboer sold <strong>or</strong> attempted to sellany p<strong>or</strong>tionofGriqua land, it would have been protestedagainst and disallowed. This ; <strong>the</strong> certainty that <strong>the</strong>yhave nei<strong>the</strong>r ceded to Waterboer n<strong>or</strong> lost any p<strong>or</strong>tion of<strong>the</strong>ir <strong>or</strong>iginal ground by conquest; and <strong>the</strong> :fu.ct that <strong>the</strong>Batlaping squatters of an even earlier date than <strong>the</strong>Griquas still acknowledge <strong>the</strong>ir territ<strong>or</strong>ial supremacy,-seem to prove that <strong>the</strong> K<strong>or</strong>anas have, after all, <strong>the</strong>best claim to sovereign right in Griqua land. It is anabstruse point, which I leave to <strong>the</strong> internationallawyers, though, f<strong>or</strong> my part, I ra<strong>the</strong>r incline to <strong>the</strong>side of <strong>the</strong> K<strong>or</strong>&nas. F<strong>or</strong>tunately f<strong>or</strong> Waterboer <strong>the</strong>yseem quite willing to let him alone if he will only leave<strong>the</strong>m in peace-and this I would strongly advisehim to do while <strong>the</strong>re is yet time, and bef<strong>or</strong>e he isabandoned by <strong>the</strong> English and Colonial Governments--88 I venture to prophecy he will be-to <strong>the</strong> tenderDigitized by Goog Ie


~ATERBOER'S PLEASANT PROSPECTS. 103mercies of both <strong>the</strong> Orange Free State and <strong>the</strong> Transvaal<strong>or</strong> <strong>South</strong> <strong>African</strong> Republic, <strong>the</strong> Kafirs andK<strong>or</strong>anas he seeks to ~ong and rob. I kno~ that, in~ay, 1812, just bef<strong>or</strong>e I left <strong>the</strong> country, great excitementprevailed amongst <strong>the</strong> latter tribes, and thatnothing but <strong>the</strong> presence of <strong>the</strong> British auth<strong>or</strong>ities andmounted police at <strong>the</strong> <strong>diamond</strong> <strong>fields</strong> preserved Waterboerand his fe~ dissipated slothful fono~er8 from anactive demonstration of <strong>the</strong>ir ~ath. The Batlapingand K<strong>or</strong>ana allies could, mth <strong>the</strong> greatest ease, putseveral thousand stal~art, ~en-armed men into <strong>the</strong> field,and he could not muster as many hundreds. M<strong>or</strong>eover,<strong>the</strong> quality of his men, in my opinion, is not nearlyequal to that of his opponents--every man of whomcould muster mth a good gun, thanks to <strong>the</strong> unlimitedsupply sold to natives on <strong>the</strong> diamQnd <strong>fields</strong>.Then every man of <strong>the</strong> allied tribes is expert in <strong>the</strong>use of <strong>the</strong> a888eai, a weapon unkno~ amongst <strong>the</strong>Griquas, but not to be despised even by Europeantroops, as our Kafir wars have shown, if once it comesto fairly close quarters. In three days Waterboer andhis people would be exterminated, root and branch.The <strong>diamond</strong> <strong>fields</strong> will not last f<strong>or</strong> ever-in allprobability, but f<strong>or</strong> few years. When <strong>the</strong> <strong>diamond</strong>sare finished, <strong>the</strong> end of <strong>the</strong> British protect<strong>or</strong>ate willnot be far off, and <strong>the</strong> most transit<strong>or</strong>y of populatiQD8-a digging community-will be on <strong>the</strong> .wa.y to"o<strong>the</strong>r <strong>fields</strong> and pastures new." Waterboer willbe left to <strong>the</strong> society of his loving neighbours.Digitized by Goog Ie


104 WATERBOER'S SCHEME.CHAPTER VI.CoNCERNING WATERBOER'S AND THE ~ STATE'S CLADISTO THE CAMPBELL LANns, 1863-70, INCLUDING THE"MEETING AT NOOITGEDACHT" OF THE GRIQUA ANDFREE STATE GOVERNMENTS.WA.DJUJon's FmBT DBJ'llUTE CLADI TO TBlUUTOBY Olr 1'BB LATHOoUELIUS KOJ[: On DAVID Au<strong>or</strong>, mE hmO.A.TOB.-EnroBT6AT A.mnn.A.TIOB :BY TBlI FRu STATB, WBIOR FAlL TB:a0110BW ATJmBOBR'S AlmooUCE AND Pus1JXPTIOB.-TBE DI800VDYOlr DLUloIms IB 1'BB DISPUTED TEJlBITOBY; IT IJfDl1CE8 1'BBC.A.PB GoVBlU'f)(DT TO SUPPORT W ATBRBOn's CLADls.-W ATD­BOD AND Oo's SOJlEJm TO CHEAT THB OBABOB FBBB STATBOUT Olr TBlI DI.A.l(OlilD FmLDs, BY PBETmmIBO 'l1U.T TBlI LATBOmmr, 00BNBLI1J8 KOJ[, 'WHO DIsPOSBD Olr THOD LAlms, 'WASliOT U hDBl'ElQ)DT


lIB. DAVID ARNOT'S COMPLICITY. 105fontein, 12th November, 1863," Mr. J. J. Venter,Acting President of <strong>the</strong> Orange Free State, writesto his Excellency Sir Philip Wodehouse, K.C.B.,Govern<strong>or</strong>-General, &c., of <strong>the</strong> Cape Colony:-... Sm,-I am reluctantly compelled to trouble your Exce1lenClJonce m<strong>or</strong>e upon" <strong>the</strong> subject of our b<strong>or</strong>der relationa, not so machwith a view to enlist your Excellency'S sympathy and co-operatioDin vindicating our rights over against our crafty neighbour, as tosolicit your Excellency's interference in preventing a British subject,inftuenced by self-interested 'and sinister motives, from uaing his influenceto promote <strong>the</strong> unjust designs and acts of <strong>the</strong> Griqua Ohief,Nicolas Waterboer."The despatch <strong>the</strong>n mentions <strong>the</strong> sale by Adam Kokof his own lands and those of <strong>the</strong> late C<strong>or</strong>nelius Kok,including territ<strong>or</strong>y south of thp Vaal, in <strong>the</strong> FreeState, "inhabited by farmers who hold <strong>the</strong>ir titlesfrom <strong>the</strong> British (Sovereignty) Government."" From <strong>the</strong> enclosed copy of an advertisement appearing in <strong>the</strong>OolMlHrg Atlowtiur, t your Exoellency will perceive that <strong>the</strong> chief,Waterboer, has openly declared his supremacy Wit' tAl WMH ojtAl tJIJNfttrg wMcla /tmnWl1/ "'longMl eo CONIIliu Eok.• • •U To 'Au lUI of aggr,uion I do fIOt '/wit.tI eo ilClM, tAilt '" (t'" CAu!)... JIM wg,rl J1/ II clrtain JEr • .Datnrl Arnot, of Oolesberg, <strong>the</strong> sameindividual whom he announces to .have appointed his secretary, agent,and representative; and I take <strong>the</strong> liberty to request that your Excellencywill be pleased to take <strong>the</strong> necessary steps to prevent <strong>the</strong>said Arnot's undue interferenoe in a matter which, if persisted in,must lead to hostilities between <strong>the</strong> Griqua nation and this GovemmenL"By comparing dates (<strong>the</strong> sale having been effectedon <strong>the</strong> 26th December, 1861, and <strong>the</strong> first claim byWaterboer to <strong>the</strong> land sold being dated 1st September,1863), we find that he had taken almost two years to• ride p. 12, Oapet~wn Blue Book, No.1.t Sea CoZablt'g .Ad",,",er, lat September, 1863.Digitized by Goog Ie


106 .A. SUSPICIOUS NOTICE!discover how he had been wronged,and to invent <strong>or</strong>define that wrong, and <strong>the</strong>n, too, under Mr. DavidArnot's auspices! The belief in this latter's leadingshare in <strong>the</strong> conspiracy of Waterboer and o<strong>the</strong>rs todefraud <strong>the</strong> Orange Free State of lands (C<strong>or</strong>neliusKok's) bought from <strong>the</strong> Philippolis Chief, Adam Kok,is quite universal throughout <strong>the</strong> State and <strong>the</strong> CapeColony.Acting President Venter issued a proclamationagainst <strong>the</strong> impudent notice <strong>or</strong> advertisement publishedby Waterboer, Arnot & Co., but nothing seems to haveensued from his application to <strong>the</strong> Govern<strong>or</strong> of <strong>the</strong>Colony; indeed, it seems difficult to perceive how <strong>the</strong>latter could have interfered with Waterboer's tMetlamnleand his acts as agent <strong>or</strong> paid emploge.Respecting <strong>the</strong> notice purp<strong>or</strong>ting to be from AdamKok, declaring his sale of C<strong>or</strong>nelius Kok's lands to beconfined to <strong>the</strong> south of <strong>the</strong> Vaal, quoted in ChapterV., its <strong>or</strong>igin is attributed by most Free Staters toMr. Arnot. And it is a significant fact that upon <strong>the</strong>copy sent by Messrs. Waterboer and Arnot, in 1870,to <strong>the</strong> Cape Town Government, when seeking its aidto obtain <strong>the</strong> <strong>diamond</strong> <strong>fields</strong>, appears a codicil from <strong>the</strong>edit<strong>or</strong> of ~he Ooleahwg Advermer :-" I certify <strong>the</strong> above a true copy of. notice as inserted. iu <strong>the</strong> abovepaper l<strong>or</strong> "eAalf antl account 01 <strong>the</strong> Ohlef. Adam Kok, now of NoMan's Land-90z"""",, 27tAJfay, 1863.".Now, this certificate proves that <strong>the</strong> notice wasinaerted "f<strong>or</strong> hekalf and account of" (not hy) "<strong>the</strong> Chief,Adam Kok ; "-who by? By Mr. Arnot?. How is it that <strong>the</strong> certificate comes to be dated at• ride p. 14, Capetown Blue Book, No.1.Digitized byGOOgle


FREE STATE FORBEARANCE. 107(Joluberg just <strong>about</strong> <strong>the</strong> time Mr. Arnot left <strong>the</strong>re toenter into Waterboer's employment, but just five mont'"later than <strong>the</strong> notice itself appeared, that havingbeen printed in <strong>the</strong> (JolulJwg Ad1Jermer of <strong>the</strong> 23rdDecember, 1862?This seems strong, though circumstantial, evidencein c<strong>or</strong>rob<strong>or</strong>ation of Acting President ,Venter's chargeagainst Mr. David Arnot-who, be it remarked, havingf<strong>or</strong>merly been in <strong>the</strong> service of Adam Kok, would be avaluable coadjut<strong>or</strong> f<strong>or</strong> Waterboer, by reason of <strong>the</strong>knowledge he would have of all <strong>the</strong> irregular acts andsales, and, in fact, of all <strong>the</strong> affairs of both Adam andC<strong>or</strong>nelius Kok., As if anything m<strong>or</strong>e were required to illustrate <strong>the</strong>in<strong>or</strong>dinate, almost m<strong>or</strong>bid, anxiety of <strong>the</strong> Orange FreeState to deal justly with <strong>the</strong> artful, cheating Griqua,<strong>the</strong> Government actually condescended to give heed toWater boer's fraudulent and ambiguous claims, now,subsequent to <strong>the</strong> sale of 26th December, 1861, graduallyand insidiously put f<strong>or</strong>th.The President andVolksraad even went 80 far as to refer <strong>the</strong> whole questionof <strong>the</strong>ir title to <strong>the</strong> CampbeUla.nds to arbitration!On <strong>the</strong> 12th February, 1864, <strong>the</strong> services of Sir PhilipWodehouse, Govern<strong>or</strong> of <strong>the</strong> Cape Colony, were soughtand obtained as arbitrat<strong>or</strong>, Att<strong>or</strong>ney-General P<strong>or</strong>terkindly giving his aid by drawfug up <strong>the</strong> deed of sub­mission.-This mild and excessively f<strong>or</strong>bearing policy waspursued even after a land commission appointed toinvestigate Waterboer's claims in 1863 had veryclearly and satisfact<strong>or</strong>ily proved <strong>the</strong>m to be utterlyunfounded !• rtde p.p. 17, 186, OapetoWD Blue Book, No.1.Digitized by Goog Ie


108 WATERBOEU'S l'ERVERSI'f¥.Will it be credited that this insignificant leader of acouple of hundred semi-savages had <strong>the</strong> astoundingaudacity to refuse putting his signature to <strong>the</strong> deed ofsubmission, and insisted that <strong>the</strong> arbitration should beextended to all <strong>the</strong>, f<strong>or</strong>mer lands of <strong>the</strong> late C<strong>or</strong>neliusKok situate on <strong>the</strong> south side of <strong>the</strong>' Vaal River!Naturally enough, even tame and yielding as was itspolicy, <strong>the</strong> Free State could not consent to arbitrate<strong>about</strong> what had mostly been part and parcel of itselff<strong>or</strong> ten years-ever since <strong>the</strong> abandonment of <strong>the</strong>Sovereignty in fact. So <strong>the</strong> deed of submission wasnever exe€\uted.As <strong>the</strong> rep<strong>or</strong>t of <strong>the</strong> Free State Commission of 186:1contains very much <strong>the</strong> same s<strong>or</strong>t of evidence as <strong>the</strong>minutes of <strong>the</strong> meeting between Waterboer and hisCouncill<strong>or</strong>s, and <strong>the</strong> President and Government of <strong>the</strong>Free State, at Nooitgedacht, in 1870, upon <strong>the</strong> samesubject-<strong>the</strong> dispute regarding <strong>the</strong> Campbell lands-­we will noti~e both toge<strong>the</strong>r; especially as <strong>the</strong> tw<strong>or</strong>ep<strong>or</strong>ts are published in one f<strong>or</strong>m, and are ,intimatelyrelated.• From a despatch of President Brand to Lieutenant­General Hay, dated 24th September, 1870, it appearsthat:-'"On <strong>the</strong> 20th June, 1867, <strong>the</strong> Free State Volksraad, (<strong>or</strong> Parliament),resolved, on <strong>the</strong> motion of Mr. Senontyn, seconded by Mr.Nauhaus :-' Whereas it has appeared to <strong>the</strong> Raad, from <strong>or</strong>al andwritten declarations, that no doubt exists that <strong>the</strong> Campbelllandabelong to <strong>the</strong> FI:ee State Government by virtue of a d~d of salefrom Mr. Harvey, as <strong>the</strong> agent of Captain Adam Kok, <strong>the</strong> Raadresolves to instruct <strong>the</strong> State President to urge upon CaptainWaterboer, if he deairea to do 80, to call in <strong>the</strong> arbitration of• rids p.17, Capetown Blue Book, No.1.Digitized by Goog Ie


AI:nrm,\.TIOX PllOI'OSED. 109lils Excellent'y (<strong>the</strong> Govern<strong>or</strong> of <strong>the</strong> Oape) without delay, at mostt IIl'ee <strong>or</strong> fOUl' months after he sball have received notice of thisretolution.' "This scems almost incredible after previous events,and, considcring <strong>the</strong> fact that, had Waterboer dared tooppose tlle occupation of <strong>the</strong> Campbell lands by FreeState burghers, a very small commando of <strong>the</strong> latterwould have very effectually disposed of both him and<strong>the</strong> question final1y and f<strong>or</strong> evcr !." The Rl&I1d fur<strong>the</strong>r resolves, in case Captain Waterboer does notaccept <strong>the</strong> arbitration of <strong>the</strong> Govern<strong>or</strong>, ,to empower <strong>the</strong> State Presidentto proclaim <strong>the</strong> bef<strong>or</strong>e-mentioned grounds, and to appointland commi88ionR to cause <strong>the</strong> ground to be inspected, and <strong>the</strong>n toact acc<strong>or</strong>ding to circums!ances."And fur<strong>the</strong>r, on <strong>the</strong> motion of Mr. Nauhaus, seconded by Mr.F. de Villiers :-' 'With reference to <strong>the</strong> ground situate on thoFree State side of <strong>the</strong> Vaal River, <strong>the</strong> Raad declares that alllands to wbich certificates were issued at <strong>the</strong> time of <strong>the</strong> BritishOovernment-(Sovereignty)-belong to <strong>the</strong> Orange Free State;nnd fur<strong>the</strong>r, <strong>the</strong> Raad recognizes no o<strong>the</strong>r than <strong>the</strong> so-called Vet­-berg line.' "From a fur<strong>the</strong>r statement in <strong>the</strong> same despatch itappears that on <strong>the</strong> 31st March, 1870, Waterboer"At last consented to restrict <strong>the</strong> arbitration to <strong>the</strong> Oampbelllands,i.e., <strong>the</strong> ground situate to <strong>the</strong> n<strong>or</strong>th of <strong>the</strong> Vaal River,and <strong>the</strong> deed of submi88ion, referring this question to <strong>the</strong> arbitrationof Sir P. E. Wodehouse, was duly signed and executed by ourGovernment and <strong>the</strong> Obief', Waterboer; but owing to <strong>the</strong> departureof his Excellency from <strong>the</strong> Colony, nothing came of it; and as itja manifest from <strong>the</strong> different resolutions of <strong>the</strong> Volkaraad" (referringalso to that of 11th February, 1864, and o<strong>the</strong>rs), "that it baaalways been <strong>the</strong> intention of <strong>the</strong> Free State, in case <strong>the</strong> arbitrationof Sir P. E. Wodehouae should not take place, to proclaim andtake po88ession of <strong>the</strong> Oampbell grounds as Free State property,and as <strong>the</strong> settlement of <strong>the</strong> question could not any longer be deferred,<strong>the</strong> Govemment again gavo public notice ot ita rights, byproclamation of <strong>the</strong> 17th May, published in <strong>the</strong> Govwnment GMteDigitized by Goog Ie


110 ANOTHER ACT OF FORBBABANCE.of <strong>the</strong> 25th liay, 1870, oopy (anne:mre No.2), and translation ofwhich I have <strong>the</strong> honour to enclose; lJut, "'f<strong>or</strong>B taking any .furl"",tep, otW 90tJmammt 9MB tM Ohief, "IV tStwoow, an opp<strong>or</strong>tunity to,lunD tM proof' of Au rilhgBtl olaim."This constitutes yet ano<strong>the</strong>r in <strong>the</strong> series of acts off<strong>or</strong>bearance upon <strong>the</strong> part of <strong>the</strong> Free State towards<strong>the</strong>ir crafty and insignificant neighbour, so extra<strong>or</strong>dinaryand unusual in <strong>the</strong> <strong>or</strong>dinary policy of whitenations towards uncivilized, weak, helpless, andcoloured races, as to be really almost incomprehensible.Still, it was <strong>the</strong> last of a weak and result less system.Mr. J. H. Brand (f<strong>or</strong>merly a distinguished advocateand member of <strong>the</strong> Colonial House of Assembly) hadbecome President of <strong>the</strong> Orange Free State, and, failing<strong>the</strong> proof by Waterboer of <strong>the</strong> rights he claimed,it was decided to at once proceed to survey and beaconoff <strong>the</strong> Campbell lands, and enter into possession.In <strong>the</strong> meanwhile negotiations were progressing, BUbrOBa, between Water boer and <strong>the</strong> Colonial Government~Diamonds had been discovered in <strong>the</strong> disputed territ<strong>or</strong>yf<strong>or</strong> a considerable distance along both banks of <strong>the</strong>Vaal River, and <strong>the</strong> possession of <strong>the</strong> country had-.acome of infinitely m<strong>or</strong>e imp<strong>or</strong>tance than bef<strong>or</strong>e.No'l/J', <strong>the</strong>ref<strong>or</strong>e, <strong>the</strong> quirks and quibbles, <strong>the</strong> claims,protests; assertions, and assumptions of <strong>the</strong> pettyGriqua Chief were, f<strong>or</strong> <strong>the</strong> :first time, seriously andeagerly entertained and attended to by <strong>the</strong> Britishauth<strong>or</strong>ities at Cape Town;· and <strong>the</strong>re is but little• Yuu pp. 28, 3&, 4.7, 57, 62-7, 78,84.-6, etc., &0., Blue Book, II Oerreap


THE MAIN-SPRING OF WATERBOER'S CASE.IIIdoubt that Mr. David Arnot and Mr. Sou<strong>the</strong>y, <strong>the</strong>Colonial Secretary, came to a very good understanding.President Brand's clear, able, and just-principleddespatch of <strong>the</strong> 24th September, 1870, explaining <strong>the</strong>" opp<strong>or</strong>tunity" given to W aterboer to prove his cla.ims,continues :-U A meeting of <strong>the</strong> Executive Council of <strong>the</strong> Orange Free StateGovernment and Oaptain Waterboer and his Counw. took placeon <strong>the</strong> 18th August (1870), and following days, on <strong>the</strong> banks of<strong>the</strong> Vaal River" [at Nooitgedacht farm]. "The proofs on <strong>the</strong>part ot <strong>the</strong> Orange Free State were submitted to us by Mr.Vela, att<strong>or</strong>ney, and on <strong>the</strong> part of <strong>the</strong> chief, Waterboer, by hisagents, Messrs. D. Arnot and Grant, att<strong>or</strong>ney. After leading someevidence, Mr. Grant proposed to call eM (Jouncill<strong>or</strong>, of 'WatwlJolr, .. 10Mtl _ JW"mt tluring eM .. 1w18 of tM prDce,tling" as witnesses tQprove that OAPTAIlJ CORNELIUS KOJ[ HAD OVER:allEN AN IlmBPBlIDDTOBIBP." ••.•This is an imp<strong>or</strong>tant point to notice. The statementwas <strong>the</strong>n made, f<strong>or</strong> tile first ta'm8, and it f<strong>or</strong>ms <strong>the</strong>foundation-<strong>the</strong> very life and soul-of Waterboer'scase: disprove it, and his entire claim is destroyed.::But prove that C<strong>or</strong>nelius Kok were not an independentchief, <strong>the</strong>n (veru indirectly tkough) Waterboer has <strong>the</strong>opp<strong>or</strong>tunity to assert a claim thus :-" C<strong>or</strong>nelius Kokhad no legal right -to alienate and dispose of land to<strong>the</strong> Free State, <strong>or</strong> anyone else; <strong>the</strong>ref<strong>or</strong>e Adam Kokcould not have inherited such lands from him, n<strong>or</strong>,consequently, have had any right to sell <strong>the</strong>m; w)rilstto me, 88 <strong>the</strong> only remaining Griqua chief, <strong>the</strong>y shouldrevert." But <strong>the</strong>n, unf<strong>or</strong>tunately f<strong>or</strong> Waterboer's (<strong>or</strong>m<strong>the</strong>r, Mr. Arnot's) ingenious argunient, C<strong>or</strong>neliusKok tQtJa an· independent chief, Adam Kok tQtII hisDigitized by Goog Ie


112 W.\TF.RBOER'S CLAIM.rightful success<strong>or</strong>, and did, at his own departure toNo Man's Land, sell all remaining open ground of hislate uncle to <strong>the</strong> .Orange Free State-facts we haveoverwhelming evidence to prove, and, be it carefullyobserved, not one of which was ever ei<strong>the</strong>r disputed<strong>or</strong> protested against by Waterboer at <strong>the</strong> time, n<strong>or</strong>, aswe have bef<strong>or</strong>e stated, until long after ! As this statementconstituted Waterboer's entire claim (as it does tothis day), and as all <strong>the</strong> evidence he produced at <strong>the</strong>meeting at Nooitgedacht (and ever subsequently) wassolely in supp<strong>or</strong>t of it, we may at once proceed toanalyze and examine <strong>the</strong> latter.MEETING AT NOOITGEDACHT.The results of this meeting were published byauth<strong>or</strong>ity of <strong>the</strong> Orange Free State Government inBlue Book f<strong>or</strong>m, entitled:-".Min. of tI MI,tin!l of tAl Ez,euti", Couneil of '116 Ora"" ..It}uBeau, 1I6ltl at Nooit!l,latJAt, on tAl Vaal Riv"., on t1l6 18tA Augut,1870, tmd follolDin!l tltJg" f<strong>or</strong> tA, P"f'POBI of!li"i", Captain N. W'IIUrlxl,ran opp<strong>or</strong>tunity of IUlJmitti"!I /ii, proof of claim to tAl CamplJ,1l growull.".The veracity of this w<strong>or</strong>k has never been questioned,and it has been quoted an eztemo by <strong>the</strong> Cape TownBlue Book, to which I have already made frequentreference as "No 1, 1871." The extracts, evidence,and quotations upon which <strong>the</strong> following review isbased are taken from its pages.• VicH pp. 28 to 94, Capetown Blue Book, "C<strong>or</strong>respondence betweenHolt High Commissioner and <strong>the</strong> President of <strong>the</strong> Orange .FreeState, 1871," f<strong>or</strong> a full copy of this book.Digitized by Goog Ie


ANALYSIS OF WATERBOER'S CASE. 113~-Waterboer being <strong>the</strong> appellant, <strong>or</strong> plaintiff, we will:first proceed to examine <strong>the</strong> <strong>or</strong>al evidence submittedon his side.1. We must premise that Waterboer's evidence wasadduced in supp<strong>or</strong>t of iwo arguments: 1st. ThatC<strong>or</strong>nelius Kok was not an independent chief, butWaterboer's under officer <strong>or</strong> sub<strong>or</strong>dinate. 2nd. That <strong>the</strong>territ<strong>or</strong>y known as his-<strong>the</strong> Campbell grounds-reallybelonged to Waterboer, as well as such part of <strong>South</strong><strong>Adamantia</strong> as fell within a line from Ramah on <strong>the</strong>Orange, to Platberg on <strong>the</strong> Va.a.l River.ANALYSIS OF WATERBOER's CASE.On <strong>the</strong> sixth day of <strong>the</strong> meeting, after <strong>the</strong> evidenceon <strong>the</strong> Free State side had been produced, and Messrs.D. Arnot and Grant, on behalf of Waterboer, hadhanded in a number of documents (which we willexamine later), "Mr. Grant wished to call NicolasKruger, a native councill<strong>or</strong> of W aterboer.""Mr. Vels" (att<strong>or</strong>ney f<strong>or</strong> <strong>the</strong> Free State)" objectsto <strong>the</strong> Councill<strong>or</strong>s of Captain W aterboer being calledas witnesses" (<strong>the</strong>y having been present during <strong>the</strong>whole of <strong>the</strong> evidence, and being <strong>the</strong>re as jury <strong>or</strong> judges,not as witnesses in <strong>the</strong>ir own cause.)The question is left till to-m<strong>or</strong>row f<strong>or</strong> decision, andMr. Grant proceeds to call o<strong>the</strong>r witnesses.Tlwmaa Sinden, slO<strong>or</strong>n, states:-.. I reside at Hope Town. . . . I have long known this sideof <strong>the</strong> Orange River. . . . In 1853 I resided with Hans Rabieat Do<strong>or</strong>nlaagte, in <strong>the</strong> Orange Free State. . . . While I wasDigitized by Goog Ie


114: T. SINDD'S EVIDENCE."."f.~with Rabie in 1854, I p1U'Cbased <strong>the</strong> WitputB" (farm) "from cripple.Jan Pienaar, a Griquo, in Adam Kok's territ<strong>or</strong>y. Adam Kok Wl'Oteto me that <strong>the</strong>re was a dispute <strong>about</strong> <strong>the</strong> ground. •. I <strong>the</strong>nmet Adam Kok; he told me <strong>the</strong>n that <strong>the</strong> largest p<strong>or</strong>tion of it wasin Oaptain Waterboer's territ<strong>or</strong>y. I <strong>the</strong>n disputed it, and said,'That is of Comelius Kok. Hendrik du Toit told me that it Y88 inOomeliU8 Kok's ground.' He asked me, , Whe<strong>the</strong>r I wanW to mowbetter than he?' C<strong>or</strong>neliU8 Kok is his uncle, and that he hadl<strong>or</strong>/filed (1) all right by his tumult and bloodshed. He had no ground.He said it belongs to Waterboer; <strong>the</strong>re is no o<strong>the</strong>r chief thanWaterboer who has ground. He fur<strong>the</strong>r said, O<strong>or</strong>rteli." Kol rwiMtl,. OMltpHll III tI ItIIJj6d of Wtlwhow (2). . . • About a monthafter this I rode to C<strong>or</strong>neliU8 Kok at Titiespan • . • _ AI t.ltlfill M W tID grOUffll of !aN OfDII, tlll grOtlM lJIlMtglfl to W"tlwlJow. • •. • H, j'urtlaw Mitl tlatlt W tlwhow ""pioy,d /ai.. til tI ...,..trate toMill PlU, 111M." • • • (3)After a little m<strong>or</strong>e desult<strong>or</strong>y evidence, this witness<strong>the</strong>n stated: "It was <strong>the</strong>n all lost " (his money I presume),"and I went away."NOTES TO ABOVE DEPOSmoN:-(1.) If C<strong>or</strong>neliU8 Kok ever "f<strong>or</strong>feited" territ<strong>or</strong>ial rights, it isadmitted that he once had such, although this Waterboer illogicallydenies; f<strong>or</strong> he could not lose that which he never po8lle88ed. Nowhereelse can any such statement be met with, m<strong>or</strong>eover.(2.) As to whe<strong>the</strong>r C<strong>or</strong>nelius Kok was an independent chief, <strong>or</strong> asubject of Water boer's, we shall soon prove by <strong>the</strong> m888 of evidenceupon <strong>the</strong> f<strong>or</strong>mer side, in addition to such inf<strong>or</strong>mation as we havealready dealt with.(3.) ..A.propo' of this dodge by which Mr. Binden seems to havebeen cheated, we cannot do better than quote <strong>the</strong> following statementin Att<strong>or</strong>ney-General P<strong>or</strong>ter's able Mem<strong>or</strong>andum 10 freelyreferred to in Chapters n., m., and IV."If a movement were made to arrest a 1Jow who had :flogged anative, <strong>or</strong> to NpoI'''' • how oj "farm ouupilfl tmtlw tI ,,u, w!aiei1M GritUIII Dtlftfti",l, tliIputed til IIf.wi", 6",. fIIIIi, 6g .. ittdiWltullDigitized by Goog Ie


DAVID ARNOT'S DlPEB'l'lBEBCE. 115w!towt 1M tJOfUtI"MW of tMW BMtJ, <strong>the</strong> farmers drew toge<strong>the</strong>rinto <strong>the</strong>ir laagers and prepared f<strong>or</strong> war, while <strong>the</strong> threatened chiefhurried messenger after messenger into <strong>the</strong> Colony, impl<strong>or</strong>ingammunition and military aid.". This, and many ano<strong>the</strong>r case, sad<strong>the</strong> disputed sale of <strong>the</strong> Oampbelllands, are all upon a par."Will it be believed that Thomas Sinden was <strong>the</strong>only witness produced by Waterboer ?Afterwards <strong>the</strong> Free State Government even went 80far as to sanction <strong>the</strong> production of Waterboer's ownCouncill<strong>or</strong>s as witnesses (though really <strong>the</strong>y shouldhave been disqualified, 88 bef<strong>or</strong>e stated).But Messrs. Waterboer, Arnot, & Co. now backedout of <strong>the</strong> conference altoge<strong>the</strong>r!We will show how, bef<strong>or</strong>e proceeding with '<strong>the</strong> evidencein favour of <strong>the</strong> Free State, contrary to Mr.Sinden's unsupp<strong>or</strong>ted testimony.Early on <strong>the</strong> m<strong>or</strong>ning of <strong>the</strong> seventh day of <strong>the</strong>meeting, President Brand received <strong>the</strong> following irrelevantand impertinent letter from Mr. David Arnot:"NoolTCDDAOlIT (BLOD'S),"A.,.,n 24, 1870." BD,-I am auth<strong>or</strong>ized by <strong>the</strong> Ohief, Nicolas Waterboer, with<strong>the</strong> advice and consent of his Baad, to put to you, as representing<strong>the</strong> Government of <strong>the</strong> Orange Free State, <strong>the</strong> following substantivequestion, uiMcTa 1I0f1 tot1l H pkautl to a7l8flJIr distinctly and poinU4l,l ! "(Why, <strong>the</strong> Prime :Minister of Great Britain would not have writtenas unoiWly as this unknown agent of <strong>the</strong> leader of a couple ofhundred semi-savages !) .. The question is this :-" 'In <strong>the</strong> event of <strong>the</strong> present meeting, which professes to havet<strong>or</strong> its immediate object <strong>the</strong> ascertaining of <strong>the</strong> grounds on which<strong>the</strong> Ohief Waterboer claims <strong>the</strong> country (n<strong>or</strong>th of <strong>the</strong> Vaal River) asan integral p<strong>or</strong>tion of <strong>the</strong> territ<strong>or</strong>y belonging to <strong>the</strong> -nations of• 'VUe p. 9, Blue Book, " Orange River O<strong>or</strong>respon4ence. 1851-4."1 2Digitized by Goog Ie


116 ARNOT'S LETTER REVIEWED.(}n'pa-lo"d W"t (1) being proceeded with, and brought to a close(tM NIfIIJI of til, tMIItHr, of tM llIJfJd 6liJlg adnaitUd), will <strong>the</strong>Government <strong>or</strong> <strong>the</strong> Orange Free State promise and undertake tolfIlHnit till mattw, a,.tllJoMda,.." in ~ SOUTH OF THAT lUVER (2) to<strong>the</strong> arbitration and final decision of <strong>the</strong> suooess<strong>or</strong> of Sir P. E. W OOe-.h01l88, in his capacity as Oovem<strong>or</strong> of <strong>the</strong> Cape Colony and HighOommiasioner, and to proceed with such arbitration &8 speedily &8<strong>the</strong> aaid Govem<strong>or</strong>, &c., can make it convenient, after his arrival, toenter upon <strong>the</strong> w<strong>or</strong>k.II The Chief and Council will feel obliged by an early reply.(Signed) " DAVID AmiOT,II GrifJU4 Rqr"".tatiH.II Hia Honour J. H. BlUlI'D, Esq."PrIlidMt of tIN Ora"g, ,M-" StatI."The above epistle is evidently <strong>the</strong> invention ofMessrs. Arnot and Grant, and not of <strong>the</strong> uneducatedGriqua. Mr. Arnot may be here credited with <strong>the</strong>invention of <strong>the</strong> term' (Note 1) " Griqua land West."It would be interesting to know what connection <strong>or</strong>understanding at this time existed between <strong>the</strong> firmof Waterboer, Arnot, & Co. and Mr. Sou<strong>the</strong>y, <strong>the</strong>Colonial Secretary at Capetown.There is but little doubt that a deep-laid schemewas already in progress. Mr. Arnot's confident toneseems significant; especially in conjunction with <strong>the</strong>juggling we noticed in connection with that manifestopurp<strong>or</strong>ting to proceed from Adam Kok, that appearedin <strong>the</strong> (Jolea'berg Adver'ti8er. Then <strong>the</strong> Govern<strong>or</strong>, andHigh Commissioner to arrange <strong>the</strong> <strong>diamond</strong> fieldquestion upon <strong>the</strong> part of <strong>the</strong> Cape Colony, was onhis voyage out; and he at once fell into <strong>the</strong> viewsand interests of <strong>the</strong>se gentry upon his arrival; <strong>the</strong>Colonial Government and Waterboer and Arnot werealready in c<strong>or</strong>respondence; <strong>the</strong> tempting <strong>diamond</strong>s,Digitized by Goog Ie


WATE~BOEr.' S RUDENESS. 117meanwhile, being obtained by those detested lJ0fI'8 andFree Staters, to whom, however, <strong>the</strong>y rightly belonged.[Note 2J As it had all along been well known that<strong>the</strong> Government of <strong>the</strong> Orange Free State neveradmitted any question <strong>or</strong> dispute as to its undoubtedright to all th~ f<strong>or</strong>mer territ<strong>or</strong>y of th~ late C<strong>or</strong>neliusKok, pouth of <strong>the</strong> Vaal (which, as we have seen, even<strong>the</strong> professed notice from Adam Kok fully admitted),Mr. Arnot's impudent "question" can have had butone object, viz., to break off <strong>the</strong> conference. In thisit of course succeeded.President Brand (as <strong>the</strong> head of a populous andthriving state) must have exercised no little controlover his feelings to reply to <strong>the</strong> precious questioningat all, and deserves no little credit f<strong>or</strong> <strong>the</strong> very temperateand civil manner in which he did so. In hisanswer, of <strong>the</strong> same date, he points out facts of whichhis c<strong>or</strong>respondents were already well aware, viz.,"Our object is to investigate <strong>the</strong> question in dispute reapeoting<strong>the</strong> Campbell grounds. . • • I must again inf<strong>or</strong>m you that <strong>the</strong>Honourable <strong>the</strong> Volksraad has decided not to submit <strong>the</strong> questionof <strong>the</strong> Campbell grounds (that is, <strong>the</strong> grounds to <strong>the</strong> n<strong>or</strong>th of <strong>the</strong>Vaal River), any fur<strong>the</strong>r to arbitration; and with respect to <strong>the</strong>lands to <strong>the</strong> south of that river, to recognise no o<strong>the</strong>r than <strong>the</strong>Vetberg line, including <strong>the</strong> (British) land-oertificate farms."After <strong>the</strong> exchange of two m<strong>or</strong>e letters upon <strong>the</strong>same subject, and containing no especial point of interest,<strong>the</strong> c<strong>or</strong>respondence ceased, and <strong>the</strong> two partiesmet in <strong>the</strong> afternoon. But now Waterboer's Councill<strong>or</strong>srefused to give evidence, although <strong>the</strong> Free Stateofficials had so very generously agreed to receive such.So <strong>the</strong> meeting naturally broke up, and on <strong>the</strong> follow-Digitized by Goog Ie


118 WATERBOER'S RUDENESS.ing m<strong>or</strong>ning, <strong>the</strong> 26th of August, Waterboer and hisoompanions abruptly inspanned <strong>the</strong>ir waggons andtreked off, without coming to any understanding, andwithout 818igning any reason f<strong>or</strong> <strong>the</strong> rude, uncourteousp~ by which <strong>the</strong>y 80 unceremoniously brokeoff <strong>the</strong> conference.Digitized by Goog Ie


THE FREE STATE CASE. 119CHAPTER VIT.ANALYSIS OF THE ORAL EVIDENCE ADDUCED AT THEMEETING AT NOOITGEDACHT, BY THE GoVERNMENT OF'.rHE ORANGE FREE STATE:-Evmmnm 0 .. (1) lb. A. H. BAD', OP BAIN8VLBY, lnWl BLODt:­POKTmN, .A.FnltJaNa THE LATB OAl'TAD' 00BnLI178 KOlC TO lIAVBlIED' SoLE AM> 11mBPENDDT CmD 0.. O.AlQ'BELL AM> ITSGBoUND8.-EvmuOB 0 .. (2) lb. H. NICHOLSON; (3) MR. W.O. 00m0B, :roB1DlB 8saaBTUT TO THE emu, AnAl( KOJC, .um(4) PBTBn Goo.mwf, 0r.muI: TO DIT1'O; (5) MR. H. H..uVBT,0 .. PmLtPPoLII, OAl'TAD' A. K<strong>or</strong>8 POBKB:a AG:ar; (6) Jb. J.BuTLETl', :romoa PaOVI8IONAL OAl'TAD' 0.. OAllPBBLL j (7)Ja J.Ali8Dj (8) PaovuroNAL OAl'TAD' DIBJ[ KOlC, 0:1' OAJIP­BBLL; (9) A.mwr KoE, BaomEB TO TJDI LATB OAl'Tm DA](XOlC; (16-) Aam S1X'UnI, :ro:aoa CoUNCILLOa 0.. OoDBLIlJSKOlC; (11) H. Bmmamm, J'ORJIllBLT GBIQUA. GoVBU'KD'1'SEClRETUY; (12) AND, LASTLY" .A.. FqaTJID ~Olf OJ!' ~.W. O. Ooll,lOm, PROVING (II) TD LIn BBl'WEElf O~.um (buQUA TOWN, (6) OAl'T.mf OolUOLIlJ8 KOlC'S 1ImBPDD­DeB, .um (c) THE bmmrrAlfCB ow BIS Tluuuro:aT :BT OAP­TAD' AnAl( KOE, (d) TBlI SAL. OJ' TH08B GROmma TO TBlI0JwmB FaD STA.7B, (,) .um TBB MAEmG OJ' THE VB'l'BJIIt(J.LIn, &0..ANALYSIS OF THE ORANGE FREE STATE C ......We willllOW proceed. to examine <strong>the</strong> <strong>or</strong>al evidencegiven at Nooitgedacht (hostile to <strong>the</strong> solitary 1&.Slnden's, adduced to prove that C<strong>or</strong>nelius Kok ~•Digitized by Goog Ie


]20 YR. A. H. BAIN'S EVIDENCE.not an independent chief) by witnesses produced by<strong>the</strong> Orange Free State officers.Upon <strong>the</strong> first day of <strong>the</strong> meeting, Mr. Bain, ofBainsvley, an English gentleman well known in <strong>the</strong>Colony (and out of it as having entertained PrinceAlfred, and conducted <strong>the</strong> great native hunt atBainsvley f<strong>or</strong> his Royal Highness's behoof whenvisiting that part of <strong>the</strong> w<strong>or</strong>ld some few years ago),was called by Mr. Vels.1. Andrew Hudaon Bain, 8tt1om:-" ••• I lmew Comelius Kok well. He was· <strong>the</strong>re (at Campbell)as Suzerain. III fD(,JI OAuf aM Oaplai,. of CflMpJ,U. • • • ComeliusXok showed me his staff of office, given him by L<strong>or</strong>d CaIedon, bywhich he was recognized as chief. About this time Andries Waterboertried to send his people from Griqua Town to Campbell, toendeavo11l' to drive away <strong>the</strong> people from <strong>the</strong>re. Jan Bloem. at thattime owed vassalage to Comelius Xok, who called upon him. f<strong>or</strong>asaiatance, and Jan Bloem assisted him. against Waterboer; t thiskept Waterboer back, and Adam Xok was' <strong>the</strong>n called in asarbitrat<strong>or</strong> . • • As long as I can recollect, Comelius Xok was chiefof Oampbell. He was recognized by Ba.rends, <strong>the</strong> B1.oems, and all<strong>the</strong> K<strong>or</strong>anas, as chief-ptll'tlmtnmt OAuf of CampW. • • .n2. Ha"1l N~lwlaon, 8tt10~ :-II I live at Draaihoek, at <strong>the</strong> junction of Riet and Vaal rivers, at<strong>the</strong> Campbell, <strong>or</strong> n<strong>or</strong>th side of Vaal River • • • I have two farmson <strong>the</strong> n<strong>or</strong>th side of Vaal River. One I bought of Jacob Waterboer,and <strong>the</strong> o<strong>the</strong>r from Abraham Kok, bro<strong>the</strong>r of <strong>the</strong> deceased ComeliusKok. They had <strong>the</strong>se two farms on a "'fUllt (lease, <strong>or</strong> titledeed) of Ctw'fNliUl Eo". Oapttli,. of OilMp1J,u. I have resided onthoee farms since I bought <strong>the</strong>m in 1861, bef<strong>or</strong>e Captain Adam Kokleft f<strong>or</strong> No Man's Land.• V'tde p. 5, Blue Book, O.F.S. "Kinutes of Keeting at Nooitge.c1acht. 1871}," f<strong>or</strong> rep<strong>or</strong>t of this witnesa'B evidenoe, as well as thosefollowing.t This statement pl'OTeB that O<strong>or</strong>nelius Kok waged war tIfIa.iut Wa.t.r­Her as an independpt chief.Digitized by Goog Ie


MR. H. NICHOLSON'S EVIDENCE. 121" I was well acquainted with Oomelius Kok • • • lIt wa. ,,/I irullpmdmetJt'Ptain, aM /IIlar a. I lmoto Me 1fiIJj'" litAw to Captain.4..Koi <strong>or</strong> Captain Watwbo,r. 1 alway. luard from Conuli. Eo", andalIo from Au Plop", flust '" W/ll an intUpnullnt captain. Comlli. KoiW lui own council, ju" /II elu ofAw eapeai"" W'''fwbow tlnd .4.tlMnKo" .. .." I always heard from <strong>the</strong> chief O. Kok and his people that <strong>the</strong>rewas a line between Griqua. Town and Oampbell. As far as I know,Oomelius Kok always ruled as far as that line went, and Waterboeron <strong>the</strong> o<strong>the</strong>r side. I believe I know something of that line, becauseI often heard from Oomelius Kok and his people how <strong>the</strong> line went,and know it as <strong>the</strong> hist<strong>or</strong>y of <strong>the</strong> country."TM line between OamplJell and GrifJUfJ Town.The witness <strong>the</strong>n described this line, an4 it proved. to be exactly <strong>the</strong> same as that shown in diagram A,and fully defined at <strong>the</strong> end of Chapter II., by <strong>the</strong>testimony of Hendrik Hendrikse, Adam. Kok's f<strong>or</strong>merGovernment Secretary.The above evidence is very distinct as to <strong>the</strong> factthat C<strong>or</strong>nelius Kok was an independent chief.The following testimony is equally clear as to <strong>the</strong>o<strong>the</strong>r fact, that Adam Kok did legally inherit <strong>the</strong>hereditary and territ<strong>or</strong>ial rights of C<strong>or</strong>nelius Kok."I know that Oaptain Adam Kok was success<strong>or</strong> of Oomelius Kokat Campbell. I was present at Oampbell, I believe, in 1856 <strong>or</strong> 1857.We were all summoned from <strong>the</strong> district of Oampbell. Adam Kokwas present. Oomelius Kok <strong>the</strong>n inf<strong>or</strong>med us that it was hisdesire, with <strong>the</strong> consent of his people, to lay down his office. Nt.r""on l<strong>or</strong> rmgning W/II t"at '" had bleomtl old "nd w,a". • • . AdamKok <strong>the</strong>n asked <strong>the</strong> people of Oampbell whe<strong>the</strong>r it was with <strong>the</strong>irconsent. All answered' Yes.' He repeated <strong>the</strong> question three times,and <strong>the</strong> answer was <strong>the</strong> same. . . . Adam Kok <strong>the</strong>n asked f<strong>or</strong> <strong>the</strong>cane. It was brought and handed over by Oomeliua Kok in <strong>the</strong>presence of his people to Adam Kok, and at <strong>the</strong> same time ano<strong>the</strong>rcane was given, belonging to Barend Barendse, W<strong>or</strong>e my time acaptain of Boetohap."Digitized by Goog Ie


122 MR. H. :h'l:CHOLSON'S EVIDENCE.(These canes were <strong>the</strong> insignia of chieftainship, andhad been presented to <strong>the</strong> chiefs by L<strong>or</strong>d Caledon, inrecognition of <strong>the</strong>ir independent rank. Waterboercarefully avoids explaining <strong>the</strong> existence of <strong>the</strong>seoptical proofs of C<strong>or</strong>nelius Kok's independent position)." After <strong>the</strong>se two canes had been given to Adam Kok he told <strong>the</strong>people to elect a Provisional Captain f<strong>or</strong> <strong>the</strong>mselves. They couldnot come to a choice, and <strong>the</strong>n Adam Kok himself appointed one.In <strong>the</strong> presence of his people he appointed John Bartlett."Where, <strong>the</strong>n, was Waterboer, to allow this wholesaleinfringement of his prerogative? How is it thatever after he submitted to <strong>the</strong> presence and acts of JanBartlett ?-that he never even protested against <strong>the</strong> .same, if C<strong>or</strong>nelius Kok was his own nominee andsub<strong>or</strong>dinate ?The following statement proves that Waterboernever owned <strong>or</strong> possessed any part of <strong>the</strong> Campbellgrounds; that, in fact, he tried to obtain part of <strong>the</strong>min <strong>the</strong> year 1861, but entirely failed:-"I W88 present at a meeting at Vetberg in 1881, betweea A. ][okBDd Waterboer, when Adam Kok was abollt leaving <strong>the</strong> oounil'y• • • Captain Waterboer wished 1:0 make all exchange with ~_A. Kok. The people of Oampbell were preeent. • • • Adam K.ok<strong>the</strong>n asked. Waterboer 1:0 point out <strong>the</strong> land ,., tDilW to ,... ........" 1(If' CMnPHll. Captain Wate1'boer <strong>the</strong>n d8lCl'ibed. <strong>the</strong>pound .•• which A. Kok refll8ed, because it was dry ground.Adam Xok <strong>the</strong>n gave leave to his people to sell <strong>the</strong>ir landa 1:0 ~<strong>the</strong>y liked. • . . Some asked f<strong>or</strong> a certifioate f<strong>or</strong> that purpose, whick.was given and granted by Adam Kos. 'Dle same day Da.v*boaght all wI" (meaaue of land) "at Campbell from Ja.u~g1ingh."W&terboer did not, as far as I am aR.1'IB, oBar to ~ tUOampbell lands. I only know that he offered to e.phange.Digitized by Goog Ie


MR. w. O. CORNER'S EVIDENCE. 123"By virtue of <strong>the</strong> request (title deed) of O<strong>or</strong>nelius Kok, I stilloccupy <strong>the</strong> two places which I purchased. • • ."•The f!triking way in which <strong>the</strong> evidence of this and<strong>the</strong> succeeding witnesses agrees with <strong>the</strong> declarationsof Hendrik Hendrikse (though <strong>the</strong> latter was given ata widely different time), already quoted as hist<strong>or</strong>y inChapters II., IV., and V., cannot fail to be noticed.3. William Ogilvie Oumer, BtfJ<strong>or</strong>n:-"I live at Roodepan, in J a.cobsdal (district), Orange Free State.r am BOn-in-law of O<strong>or</strong>nelius Kok, of Oampbell. I knew him since1839 ..•• Hi tDt18 tIlr., OlIuf of CatnpHll, and since that timeuntil his reaign.ation in favour of Oaptain Adam Kok. C",.,..li ...Eoi tDt18 tm intllpmclmt eAuf; M W a eotmei/, fold-C<strong>or</strong>niA aM tJfJIryeM,.,.Hi COttIHmtutl PlIIPl, to MatA tDitA Au oum eouncil, altnu, f1JitA­.., ., oe_ 101IIIIJil. He was reoognized by <strong>the</strong> Britiah Govemm8lltas Ohle£. I have 8e8Il <strong>the</strong> letter from <strong>the</strong> Goyern<strong>or</strong> whol'8OQgIlized him. The letter now shown me (No.1) is <strong>the</strong> letter.He had a sta.1I' of oftlce, which he received from L<strong>or</strong>d Oaledon. Onthat cane was <strong>the</strong> inscription, 'L<strong>or</strong>d Oaledon, Govern<strong>or</strong> of <strong>the</strong> Oape,to O<strong>or</strong>neliuB.Kok, OaptaiD o£Oampbell.'"I am acquainted with <strong>the</strong> lines beiween Griqua Town and Oampbell,and <strong>the</strong> ground between Adam Kok and O<strong>or</strong>nelius Kok, tI8wit_ by m,,,lf from eM tlietati<strong>or</strong>t oj ao,.,.,li... Eo! "'"' AN &tMl."The line between Griqua' Town and Campbell wasas follows :-U A certain f<strong>or</strong>d (drift) on Vaal River called Garrl.es" (and alsoKonkonop); U from <strong>the</strong>re to Witbius; from <strong>the</strong>re to half' way betweenGriqua Town and Campbell to a Karreeboom; :from <strong>the</strong>re with acertain 'bult' (ridge) a vein which goes to <strong>the</strong> eastward of Koge1been.(The document writt8ll by me is DOW in posaeaaion of Adam Kok.")The line thus described. is exactly similar to thatgiven by <strong>the</strong> previous witness, as well as by HendrikHendrikse, which is fully shown in diagram A, anddefined at <strong>the</strong> end of Chapter ILMr. Comer c<strong>or</strong>rob<strong>or</strong>ates <strong>the</strong> constnwtioa of <strong>the</strong>Digitized by Goog Ie


124 1IR. w. O. CORNER'S EVID~CE."Vetberg line," and Waterboer's undeniabl~<strong>the</strong>reto, by <strong>the</strong> following statement:-afs9nt"I knoW' that, at <strong>the</strong> reqnest of <strong>the</strong> Free State, a line W88 madeby Captain Adam Kok, in 1866, between Captain Waterboer andC<strong>or</strong>nelius Kok. I VIII pr"'" 88 clerk of Adam Kok. CtJPlIsi"Wtltw60w WIII~. • • Captain Jan Bloem. W88 also <strong>the</strong>re, andCaptain A. Kok, of Philippolis, and Captain C. Kok,. of Oampbell.• • • I know that Captain Waterboer and Oaptain O<strong>or</strong>nelius Kok<strong>the</strong>n consented to leave <strong>the</strong> decision of <strong>the</strong> line to Captain A. Kok,who <strong>the</strong>n made <strong>the</strong> line. The document No. 19" (of which a copyis given, with a IIID8ll map <strong>or</strong> plan, in Chapter IV) "is <strong>the</strong> line udecided by him. The document is in <strong>the</strong> handwriting <strong>or</strong> AdamKok, and signed by him; U.s IUI/IUI 0/ p,,,,.., P'-""'" _ 8toff"Vilagi, a,., UJrittm btl m4. Captain 1Y tJt".60". aM Capllsi" COf'fUlifUEo" w"., ,atiljied UJitA tM tleciftota."(And well <strong>the</strong>y might be, considering, 88 I havepreviously pointed out, that nei<strong>the</strong>r of <strong>the</strong>m really hada shadow of right to an inch of ground south of <strong>the</strong>Vaal !)"Ctlptain C<strong>or</strong>fU"UI Eo" !la, alwtIg, gOf)mtM/, (I'~'" cAUlOf)'" tM ground fil4ntiOflltl btl "., III lJIlonging to Aim."The witness <strong>the</strong>n testifies 88 to that chief's resignationin favour of his nephew, Adam Kok:-"I know that O<strong>or</strong>nelius Kok laid down his government in 1867.• • • I saw <strong>the</strong> document by which <strong>the</strong> government W88 transf'erredto Adam Kok, at Philippolis, in 1857. I w88<strong>the</strong>nactingmngistrateat Philippolis. • . Adam Kok had a law book, and he directed me topaste it in <strong>the</strong> law book. • • Oontents 88 follows :-' That 88 he,O. Kok, W88 old in years, he made over his government to A. Kok,as heir of his people and country.' ""I heard :from Captain Adam Kok that 1Y tltw60w imtl JanyiNotM6i w"., pr"me tit eM ,."ignstion."I know that Oaptain Adam Kok assumed <strong>the</strong> government ofCampbell. I W88 present when he appointed John Bartlett 88 ProvisionalOaptain; _ I, III ." 0/ ..4.la.. Eo", lrltlJ up ,,,,,,.al tlocum4ntl.. II r'luZ.tionl/<strong>or</strong> 'M gOf)".,.",.".e 0/ CMltp61ll."Digitized by Goog Ie


MR. W. O. CORNER'S EVIDENCE. 125'What, I should like to know, have MeBSl'B. Waterboer,Arnot & Co. to say to that? But <strong>the</strong> fact is that <strong>the</strong>yhave never noticed all this indisputable mass of evidence,much less attempted to refute even a singlew<strong>or</strong>d of it! The Colonial Government, <strong>the</strong> lateLieut.-Govern<strong>or</strong>, and <strong>the</strong> present Govern<strong>or</strong> of <strong>the</strong> CapeColony, all backers of W nterboer, very coolly and comf<strong>or</strong>tablypass by its f<strong>or</strong>midable and unassailable arrayby <strong>the</strong> mere a88ertion that it is all untrue! But I haveyet to see a solitary point proved by <strong>the</strong>m in refutationof a single witness's veracity and general good characterand reputation." I know that Captain Adam Kok, tU Captain of Cflmp~,ll, had ameeting with Captain Waterboer, first at Griqua Town, and afterwardsat Vetberg, in 1861."(This refers to <strong>the</strong> futile eff<strong>or</strong>t at exchanging part ofCampbell f<strong>or</strong> part of Albania.)" At Vetberg <strong>the</strong>y could not agree, on account of a certain dam,called' Griqua dam.' Adam Kok said, 'I give'" (<strong>or</strong> ra<strong>the</strong>r, oBer)" 'you a land full of fountains, 11M if g()fl do not gifJ' ".. 'Ail tltSm Ido not IZ(JMtag'.' He called me immediately, and said, 'Write certificatesf<strong>or</strong> <strong>the</strong> people now present. 80 that <strong>the</strong>y can sell <strong>the</strong>ir farmsat Campbell to whom <strong>the</strong>y like.' He commenced to inspan, and I<strong>the</strong>n had Henry Mellish (who did not understand Dutch) with me,and he said, 'Give H. Mellish a copy f<strong>or</strong>m of <strong>the</strong> certificates toassist me in writing;' which I did."An adjournment of <strong>the</strong> meeting here took place atnoon, August 19th.Resumed at Two o'clock.William Ogilvie O<strong>or</strong>ner fur<strong>the</strong>r e:eamined iU Mr. Att<strong>or</strong>neuVela:-" •.• Captain WaterbOer AtU ft."., as far as I know, tIUtItIIMl tIIfIgflutk<strong>or</strong>itU 0fJ". eM Cflmp~,ll gro.ndI '" tAil <strong>or</strong> 1M ot1Iw .. of 1M,.tItII Ri.".."Digitized by Goog Ie


126,P. GOO.TDIA.B 8 EVIDENCE,"'I balieve 1Ilat CliP""" WIlltwlHw *" rllpHlM tltIJ ' raw, litu'as approved by Oaptain Adam Kok, ~,. M ..,.",. ....I tim _"", a", olJjletiou tl9aiut it.", til ItIr tilSaturtial/, 2014 AflgfUt.Meeting re-opened at 9.30 a.m. Att<strong>or</strong>ney Velscalls:-4. PetrtJ8 (}oojiman, 8fI1Dm:-"I f<strong>or</strong>merly lived in Pbilippolis, and I went in 1855 to Campbell.I kfIIfD COf"1IIZi", Eo" A CAul of Camp",Zl, and I have servedUDder him and his IUOC888Or, Adam Kok, &8 burgher, eeven years.Oaptain C<strong>or</strong>nelius Kok had OOUDcln<strong>or</strong>s, jUBt &8 <strong>the</strong> o<strong>the</strong>r Captains.As far as I know, AI fDA eAi" of 'AN JlMlJ'H, ,,,lip,,.., of 0"""Capilli",.II Acc<strong>or</strong>ding to what I hoard from <strong>the</strong> old residents, <strong>the</strong>re .... asa line (boundary) between Captain Waterboer and ComeliusKok ...."A meetiDg W88 <strong>the</strong>n held in Campbell. C<strong>or</strong>nelius Kok saidthat he was old and weak, anti had no heir, MUJ' tAtIt tAl ,.,.,.",Mir UJ(II .A.tltIm Ko"; and he <strong>the</strong>n gave, with <strong>the</strong> OOD88nt of hispeople, that cane to Adam Kok, to rule his land and people. CaptainAdam Kok at first law di1Iiculty • • but he said that he wasnever<strong>the</strong>l888 bound, (II GrUjufI CAul MUJ Alir of llOf"fIIliu Koi.He <strong>the</strong>n appointed John Bartlett as Pro-riaional Oaptain ..."The following declaration by this witness still fur<strong>the</strong>rproves <strong>the</strong> fact tAat Waterhoer "",er 1uul-1I interutin tlfe Campbell groundiJ. Referring to Adam Kok'svisit to Waterboer, in 1861, just bef<strong>or</strong>e his departuref<strong>or</strong> No Man's Land, he states:-" Adam Kok <strong>the</strong>n asked who would follow JUm • • • Those whowere willing demanded that he should gift <strong>the</strong>m liberty to sell• <strong>the</strong>ir ground on n<strong>or</strong>th side of <strong>the</strong> Vaal River to whoever <strong>the</strong>ywilhed. Oaptain Watw'6ow aflll '"' Ratul t'laln ItWJ cli.fficultw to alloU1fr" .aH 0'11 tM "<strong>or</strong>eA lid, of tM r fItIl Ri",; MUJ ,.,. tlrrflflllfMftt fDllilAIn __ 11..... Oaptai" W atwllow wlA /til COfIft8il _ Captai".A._ Kok fI1itA '"' ao..il. Captain Waterboer promised to givea p<strong>or</strong>tion of his land (Albania) on <strong>the</strong> south side of <strong>the</strong> VaalDigitized by Goog Ie


P. GOOJlMAN'S EVIDENCE. 127River, in <strong>or</strong>der that those who wished to t,.,l with Oaptain AdamKok could get o<strong>the</strong>r places (land) <strong>the</strong>re; and that <strong>the</strong> line on<strong>the</strong> n<strong>or</strong>th side of <strong>the</strong> Vaal River would <strong>the</strong>n be inalienable to whitepeople. The two Oaptains <strong>the</strong>n went to Vetberg, tmtl I aceompMti,dtMm.At Vetberg <strong>the</strong> two Ohiefs could not come ~ anarrangement. . •. Adam Kok <strong>the</strong>n said, 'I give (ofFer) yoo. alarge p<strong>or</strong>tion of land to <strong>the</strong> n<strong>or</strong>th of Vaal RiTer, and full of loantaiBs,and (you) Waterhoer wish to give me a traot of dry land f<strong>or</strong>it, and I cannot be satisfied with it.' H, <strong>the</strong>ref<strong>or</strong>, flIelarlfl tM(fWopoIItl) IZclatmg, (lhfl arrangcmmt .md, and immediately gave instruotionsto W. O<strong>or</strong>ner to UItA, cwtificatH to tM burglaer, oj Cam,­'bill to ,,11 tlaM lmuh to 1.OAom tAly wAld! I fItY"lJ wouglat 1MfJ#f"tijiIJ#.UI to Ad4m Eol f<strong>or</strong> Au ligultw" after O<strong>or</strong>ner had written<strong>the</strong>m. Adam Kok W88 quite dissatisfied that Waterboer wished togive him a dry tract of land."(This evidence is ano<strong>the</strong>r proof of Waterboer'scunning, overreaching disposition, and fur<strong>the</strong>r illustrateshis hankering after <strong>the</strong> Campbell grounds, nowso unjustly seized f<strong>or</strong> him by <strong>the</strong> British auth<strong>or</strong>itiesby f<strong>or</strong>ce. Anyone acquainted with Albania canreadily appreciate Adam Kok's indignation when hesaw <strong>the</strong> strip of dry, barren, sandy desert his craftybro<strong>the</strong>r chief sought to foist upon him f<strong>or</strong> <strong>the</strong> m<strong>or</strong>everdant and better watered Campbell grounds.)" ...4" fa,. 41 I haotD, W'aterhoer 1/"", ffIIItlI flO claim to 1M ground on tlu1tOf'tA WI, of tAl Yaal River."Asfar88Iknow, Oaptain Waterboerdid not, from 1855 to 1861,lay claim to <strong>the</strong> n<strong>or</strong>th side of Vaal River."As far 88 I know, Oaptain O<strong>or</strong>ne1ius Kok never received <strong>or</strong>dersfrom Oaptain W.terboer how to act in his country •..• "By Mr. McOalJe: (Member of tile O.F.S. EzecutitJI Ootmcil)". . . I do not know whe<strong>the</strong>r <strong>the</strong> transfer of <strong>the</strong> government byO<strong>or</strong>ne1ius Kok (to Oaptain Adam Kok) W88 made known inwriting to Oaptain Water boer, nei<strong>the</strong>r do I know whe<strong>the</strong>r hereceived a verbal message: but after that timo, during <strong>the</strong> ProtrisionalOaptainship of John Bartlett, W'aterlJo,," • ." fI"lmowWgMDigitized by Goog Ie


128 MR. H. HARVEY'S EVIDENCE.liim til tM prOflilioaal Mplai,. 0/ Admit Ko];. I know it from severalletters which Bartlett still has in hie pOS8e88ion. I Wal clerk toBtwtUtt • •••"n.-Mr. Henrg Harvey, 81IJDrn:-(This gentleman's evidence is highly imp<strong>or</strong>tant, ashe it was who acted as Captain Adam Kok's agent,and sold to <strong>the</strong> Orange Free State not only all <strong>the</strong>remaining Griqua lands [excepting only Albania]south of <strong>the</strong> Vasl, but also <strong>the</strong> Campbell grounds, <strong>or</strong>territ<strong>or</strong>y of Captain C<strong>or</strong>nelius Kok n<strong>or</strong>th of that river.I ascertained, whilst in <strong>the</strong> country, that his characterand reputation stand high and unblemished, so thathis cre~bility as a witness cannot be doubted.)" I reside at Philippolis. I was general agent of Captain AdamKok, by a general power of att<strong>or</strong>ney, NO.4, dated 15th August,1861." (Quoted by us in Ohapter V). "By that I was auth<strong>or</strong>isedto sell <strong>the</strong> lands of Philippolis aI UJ,zz aI 0/ OonNliU8 Kok. I wasfirst purchaser of all Government ground, which had to be inspectedacc<strong>or</strong>ding to instructions of <strong>the</strong> combiued Land Oommission, documentNo.2, Art. 5, dated 12th July, 1860." (Extract from <strong>the</strong>" instructions" referred to: U Art. 5. All uninspected lands in <strong>the</strong>territ<strong>or</strong>y of Oaptain A. Kok, aI UJ,zz aI 0/ eM lat, OonNliU8 Ko", shallbe inspected."$ Signed by <strong>the</strong> l'resident ot <strong>the</strong> Orange Free Stateand Oaptain A Kok), "and acc<strong>or</strong>ding to o<strong>the</strong>r instructioDs, marked"No.3, Art. 5, 27th August, 1861." (Article 5 in <strong>the</strong>se instructionsis of precisely <strong>the</strong> SaIne nature as that quoted from "No. 2document.")". . . . A day was <strong>the</strong>n appointed on which <strong>the</strong> President of <strong>the</strong>Free State, with some of <strong>the</strong> members of <strong>the</strong> Executive Oouncil,should meet Adam Kok at Viechgat. President Pret<strong>or</strong>ius, MeBBn.Steijn, Jacobus Venter, and Erwee as members ot <strong>the</strong> ExecutiveOouncil, with Captain Adam Kok, and <strong>the</strong> tour members of<strong>the</strong> La.nd Oommission (Griqua), M888l'8. Vo<strong>or</strong>tman, Anthony• Vide pp.l and 2, AnD~ Blue Book, OJ.S., "Minutes of Meetingat Nooitgeda.cht, 1870."Digitized by Goog Ie


MR. H. HARVEY'S EVIDENCE. 129Kok, J'an Krijnauw, Theun.iaaen, and I, were <strong>the</strong>re. na, I'D"..",I prwe1ulMl fro. 0.,141 • .4.dam Eo} fill 1M 0JIfft ~ grotmdfD,wA IluniltllJ,jow fII«Wtli., ~ tM Hf<strong>or</strong>",..,.eiotutlLMtl Oo ... u,;.,.'",,"",tou, j<strong>or</strong> eM '"'" oj £4,000. President Pret<strong>or</strong>iua came to mytent, and I told him that I had purchased. <strong>the</strong> ground. He askedCaptain Adam Kok, C Have you sold it " .4._ Eol: -ill, • I .,ftOfD IOld "",.,tmitg, I All" notA'"g furl_ ~ flo uMA ~" • • • •"Afterwards, bef<strong>or</strong>e Adam Kok went to No Man'. Land, I againcame to Pbilippolis bef<strong>or</strong>e him and his Baad. I tAm .w .4._Eol: ~ t1fIfIUl "'6..u. Nlit"" M ftfW' Au lltJIIIl tDOUltl COfIIIfat to it !I said he was now going away, and it would be diftlcult f<strong>or</strong> me toattend <strong>the</strong> Land Commission, and gave him several reasons wbJ.Afterwards <strong>the</strong>y so far agreed with me." (Although it doee nottranspire in <strong>the</strong> evidence, <strong>the</strong> witness meant to say that AU pmohasewas revoked.) " I promised that I would aeIl it f<strong>or</strong> <strong>the</strong> same IIIUDof £4,000. The captain and his Baad said, 'Do so, <strong>the</strong>n; but donot sell it f<strong>or</strong> less. I leave everything in your bands; do with itwhat you will.' I said that I would try to aeIl it to <strong>the</strong> FreeState Government. He said, 'Do so; do what you like; it is nowin your hands.' I wrote one <strong>or</strong> two letters to <strong>the</strong> President of <strong>the</strong>Orange Free State, stating that if' he came to Pbilippolis, and wecould agree, I would aeIl him <strong>the</strong> ground. President Pret<strong>or</strong>iuacame to Philippolis with Mr. van Olden, and <strong>the</strong>re we agreed, andI sold <strong>the</strong> ground acc<strong>or</strong>ding to what I myself purchased; and <strong>the</strong>deed of sale, No. 16" (quoted at length in Ohapter V.) "wasdrawnup ••.•"TM purMMl fftOfII)' oj £4,000, wilA tM 'ntw", ., tlwNn, 1r.mHtljrom eM Or.." lirH SIIsU GotI".,.".".t. .4._ Kol: rlOliHtljrotII_ HtfDHfI£7,OOO ad £8,000 lJIj<strong>or</strong>, Muftj<strong>or</strong>No x-',LMtl, JOR1t'JII0ll I BOLD BI8 BBOBIPT8. I) believe MR. ADOT drew up <strong>the</strong>receipts."This is a very clear, positive, and definite statementoffset. Nei<strong>the</strong>r Waterboer n<strong>or</strong> his British allies haveever yet adduced evidence in refutation, although <strong>the</strong>latter have seized f<strong>or</strong> <strong>the</strong> f<strong>or</strong>mer all tM land 80 purc!uJaed,viz., that to <strong>the</strong> east, Free State, <strong>or</strong> Adam and ComeliusKok's side of <strong>the</strong> Vetberg line, <strong>the</strong> Free. Statebeing thus robbed not only of land, but of £4,000 asItDigitized by Goog Ie


130 MR. H. HARVEY'S EVIDENCE.'W'ell! Indeed, it loses m<strong>or</strong>e than this, f<strong>or</strong> a considerablep<strong>or</strong>tion of <strong>the</strong> lands which were privately bought(<strong>the</strong> prices of which made up <strong>the</strong> larger sum of moneyMr. Harvey. paid to Adam Kok) have been cut off, also,by <strong>the</strong> botmdary line of <strong>the</strong> large tract of Free Stateterrit<strong>or</strong>y" annexed "-thai is to say, robbed, plundered,stolen, <strong>or</strong> :filibustered-by Sir H. Barkly, Govern<strong>or</strong> of<strong>the</strong> Cape. Advisedly I select an individual, because(1) <strong>the</strong> Cape Parliament having finally rejected <strong>the</strong>little bill by which he sought to obtain <strong>the</strong>ir sanction,consent, and end<strong>or</strong>sement, (2) and <strong>the</strong> Imperial Governmentin Downing Street, having only given hima provisional auth<strong>or</strong>ity to annex, by and with <strong>the</strong>f<strong>or</strong>mal' assent of his Parliament, he stands solitary andalone responsible f<strong>or</strong> <strong>the</strong> premature, illegal, and utterlyunauth<strong>or</strong>ized hostile invasion, seizure, alienation, andannexatioD fJi et armis of Free State territ<strong>or</strong>y. Mr.Harvey's evidence continues :-C,·oss-ezamined blJ Mr. Grant." When I sold <strong>the</strong> gronnd to President Pret<strong>or</strong>ius, I did 80 flCCDf'tlingto tM tlI8l 0/ 8t1le, as I was unacquainted with <strong>the</strong> boundaryline; had I known <strong>the</strong> boundary line <strong>the</strong>n, I would never havesold f<strong>or</strong> that price. Mr. Pret<strong>or</strong>ius did not ask me whe<strong>the</strong>r Isold. <strong>the</strong> lands to <strong>the</strong> N<strong>or</strong>th side of Vaal River; lJut I Bold kim tINCampb'll ltmtlB, w/uwev,r tluy miiM b, 8itwtBtl, flCo<strong>or</strong>ding to tIN D88tl0/ Sale.""After tlte sale Mr. Pret<strong>or</strong>iua laid claim to <strong>the</strong> Campbelllanda, and tlte Government of tlte Orange Free State did80 also.""..A.tlam Eok nil,,'" aft". tM ,al, dmiBtl tM ,ale 0/ tIN CtlmplJ811land8. . . .""I 80ld all tM lanth wlticA bilongBtl to Oonulitu Eo", as I bought<strong>the</strong>m from. Adam Kok.Digitized by Goog Ie \0


I.EXTENT OF THE SALE. 131"Besides <strong>the</strong> lands described in <strong>the</strong> Maitland treaty. lOkieM landl of ConulifU Eok."On <strong>the</strong>se points this witness is c<strong>or</strong>rob<strong>or</strong>ated by all<strong>the</strong> o<strong>the</strong>rs, and by a vast mass of documentary evidence,proving that not only was Adam Kok, at <strong>the</strong>time, th<strong>or</strong>oughly satisfied with his bargain, but thatnei<strong>the</strong>r protest n<strong>or</strong> complaint was heard from Waterboeruntil long after, when <strong>the</strong> ubiquitous Mr • .Arnotseems to have got to w<strong>or</strong>k.The land actually sold south of <strong>the</strong> Vaal (excepting<strong>the</strong> Campbell lands to <strong>the</strong> n<strong>or</strong>th) was that o<strong>the</strong>rextensivetract of country named <strong>South</strong> .<strong>Adamantia</strong>, on allour diagrams. It constituted <strong>the</strong> greater part of <strong>the</strong>" alienable territ<strong>or</strong>y" defined in <strong>the</strong> Maitland trea.ty,and was afterwards recognized as pertaining to CaptainC<strong>or</strong>nelius Kok, being <strong>the</strong> same land that was separatedand marked off from his own territ<strong>or</strong>y of Philippolisby Captain Adam Kok, by <strong>the</strong> line he made fromRamah to David's Graf in 1840, and being a.lso <strong>the</strong>same land that was definitely beaconed off from Waterboer'sterrit<strong>or</strong>y of Albania by <strong>the</strong> "Vetberg line" in1855. At <strong>the</strong> same time it must be remembered that<strong>the</strong> Free State Government did not purchase anythinglike <strong>the</strong> whole, <strong>or</strong> even a half, of this territ<strong>or</strong>y, but only<strong>the</strong> " open groun~," f<strong>or</strong> most of it was already in <strong>the</strong>occupation and possession of Free State farmers, <strong>or</strong>burghers who had already at various and widelydifferent periods, purchased <strong>the</strong>ir farms <strong>the</strong>rein, bothfrom C<strong>or</strong>nelius and Adam Kok.After an adjournment from noon until two p.m. onAugust 20th, <strong>the</strong> meeting was resumed.Att<strong>or</strong>ney Vels said that he had m<strong>or</strong>e witnesses, who][2Digitized by Goog Ie


132 .J. R4.RTLETT'S LVIDENCE.refused to appear, unless summoned, which he requestedshould be done, in writing, by <strong>the</strong> President andCaptain Waterboer. This having been arranged, hecaIIs-6. JoAn Bartlett, sw<strong>or</strong>n :-(We must premise that this witness, <strong>the</strong> f<strong>or</strong>mer p,.oviaional(Japtain of (Jampbell appointed bll Adam Ko", attM resignation of (J<strong>or</strong>nelius, was <strong>the</strong>n one of Waterboer'sown mad, <strong>or</strong> council, and gave his evidence with reluctance.)"1 live at Campbell, and have resided <strong>the</strong>ref<strong>or</strong> aHut 81 ,,.,.,.When 1 came to Campbell, Comelius Kok was chief'. As far as myknowledge goes, M flltI' t/tw., an indPpMlrlMt cltilf. He had a raad.. • • He had a cane. . • The cane signified that he was a captain.That cane he gave over to Captain Adam Kok, because he was tooold-lO IN tntItU <strong>or</strong>er /ti, a",tltonty ODW Ail Plop," eo C4ptai'n..4._ Ko~.• • . I fllill PT"",t. . • Conuli"" Eo!.: fIIIMh 0fJW Itil GODmafMflt eo ..4.tltaEo!.:. • • Blj<strong>or</strong>e lu, UparttW' ..4.dam Eo!.: a"oinUti me tAw, III JIf'OfJi­Iitm&l CGptain, and I remai"" proftIioMl Cflptain of CatnpHll wil1861. ••"By this evidence we see that during a period of fourgears, from <strong>about</strong> <strong>the</strong> middle of 1857 to August <strong>or</strong>September, 1861, this witness exercised. <strong>the</strong> functionsof Provisional Captain of Campbell f<strong>or</strong> Adam Kok,who was <strong>the</strong> paramount chief as heir and success<strong>or</strong> toC<strong>or</strong>nelius, witkout ang proted, Intervention, <strong>or</strong> even complaint,from Waterboer I Yet now, f<strong>or</strong>sooth, thislatter and his British official backers have <strong>the</strong> unblushinghardihood to pretend that he was always Chiefand Captain of Campbell! But <strong>the</strong>y do not explainhow it ca.me to pass that, after <strong>the</strong> resignation of oldC<strong>or</strong>nelius, both <strong>the</strong> subsequent provisional captains otDigitized by Goog Ie


J. BARTLETT'S EVIDENCE. 133Campbell were appointed by Adam Kok, <strong>the</strong> chiefinto whose hands not a shadow of doubt exists that heresigned his government."I cannot say, but I have heard, that <strong>the</strong>re was a line betweenCampbell and Griqua Town. I heard it from <strong>the</strong> people; thoseb<strong>or</strong>n in <strong>the</strong> country. I also heard it from <strong>the</strong> late C<strong>or</strong>nelius Kok."(This refers to <strong>the</strong> 1ine described in Chapter II, an ddefined on diagram A. The witness being so old aresident of <strong>the</strong> Campbell lands mU8t have been wellacquainted with it, but no doubt gave his evidenceunwillingly, and in dread of Water boer.)" I was present in 1855, on <strong>the</strong> farm. <strong>or</strong> Stiglingh, when <strong>the</strong> lineon <strong>the</strong> o<strong>the</strong>r. <strong>or</strong> BOuth aide, of <strong>the</strong> Vaal River was spoken of; it wasat Riet River. The farm. of Btiglingh, is called 'Abraham MOO8-f'ontein.' There <strong>the</strong> chiefs weretoge<strong>the</strong>r, Captai" Water"""" CaptainAdam Kok, and Captain C<strong>or</strong>nelius Kok, and held a meeting <strong>the</strong>re<strong>about</strong> <strong>the</strong> line; and <strong>the</strong>y <strong>the</strong>re decided where <strong>the</strong> line was to go.They made <strong>the</strong> line. . • ."(This was <strong>the</strong> "Vetberg line," which Waterboerand his allies now dispute, and actually declare tohave been made without his knowledge, presence, <strong>or</strong>sanction !)• . ." I have a farm. in <strong>the</strong> territ<strong>or</strong>y of Campbell. 1 Mw (I rlfI",t(tia. dud) of it from C~litll Ko!.:! I han <strong>the</strong> requeststill •• ."(This is pretty conclusive evidence (by one of Waterboer'sown mad, too) that that chief never ruled. over<strong>the</strong> Campbell lands, because, if he did, i.he title deedswould have been given by him-not C<strong>or</strong>nelius Kok!)"I am DOW ODe of <strong>the</strong> members of Captain Waterboer's Volbraad••••Digitized by Goog Ie


•134 J. BARTLE'IT'S EVIDENCE.(Jrol8-ezami"ed iJ!I Mr. Grtlflt."Waterboer was not present when I W88 appointed pro'risioDal",.oIJlltu. of ..captain by Adam Kok. I dill flOe tu1: Wllkrhow' ••tIppOintment. • •.. It was firet a positive law of all <strong>the</strong> Griquas that <strong>the</strong> groun.doould not be eold to white people. This was, however, afterwardsclone by Captain Adam Kok. But with Waterboer <strong>the</strong> old law stillemte."(This is, indeed, a well known fact; and, as it isequally certain that <strong>the</strong> grounds now claimed andwrongfully seized f<strong>or</strong> W aterboer by <strong>the</strong> ColonialGovern<strong>or</strong>, were Bold, at various periods, and, finally,whatever remained of <strong>the</strong>m in 1861, to <strong>the</strong> OrangeFree State, it aff<strong>or</strong>ds ano<strong>the</strong>r very positive proof thatlIhe present crafty claima.nt Dever ('.QuId have been <strong>the</strong>owner.)II C<strong>or</strong>nelius Kok eold ground on <strong>the</strong> o<strong>the</strong>r <strong>or</strong> south aide of <strong>the</strong>Vaal River."The following statement very clearly proves againthat Waterboer certainly had nei<strong>the</strong>r <strong>the</strong> slightestauth<strong>or</strong>ity n<strong>or</strong> jurisdiction over Campbell during, atleast, <strong>the</strong> term of this witness's office <strong>the</strong>re, f<strong>or</strong> criminalswere subject to extradition from Campbell acc<strong>or</strong>dingto whe<strong>the</strong>r <strong>the</strong>y wero natives of Waterboer'sterrit<strong>or</strong>y <strong>or</strong> <strong>the</strong> Philippolis territ<strong>or</strong>y of Adam Kok.,Re-ezamined 'b!l Mr. Vela."Whilst I was provisional captain, I apprehended people atOampbell. The persons whom I apprehended I took to GriquaTown II,.Uls tMg wire 8tdJjsoU of 1Y tIt,riow. I took eUJO pn·,onw. oftAs plopis o»w whom I W iem p~d to PAilippoliB; tMl/luzdlO"'#litUtltI mt4rrlw within tlu territ<strong>or</strong>y of Campbell. The criminals whom Itook to .Qriqua Town had also committed murder in <strong>the</strong> territ<strong>or</strong>y ofCampbell. The prisoners whom I took to Phllippolis were twoDigitized by Goog Ie


135BUJhmen who resided at Campbell. They had


136 VALUE OF THE EVIDENCE.evidence adduced in favour of <strong>the</strong> Orange Free Stateat <strong>the</strong> "Meeting at Nooitgedacht." Surely it is farm<strong>or</strong>e than sufficient to counteract <strong>the</strong> testimony of <strong>the</strong>solitary witness Waterboer produced; especially as, tothis day, not a single fact has been f<strong>or</strong>thcoming ei<strong>the</strong>rto refute one w<strong>or</strong>d <strong>the</strong>n stated, <strong>or</strong> to even challenge<strong>the</strong> credibility of one of <strong>the</strong> seven Free State witnesses-all, be it remembered, individuals whose evidence isentitled to <strong>the</strong> most serious consideration, two beingEnglish gentlemen of well-known probity and position,<strong>the</strong> remaining five Griqua officials, of all o<strong>the</strong>rs <strong>the</strong>most likely to be th<strong>or</strong>oughly well acquainted with <strong>the</strong>acts and true rank of <strong>the</strong> late C<strong>or</strong>nelius Kok! In fact,<strong>the</strong>ir evidence stands unchallenged and indisputable.But to still m<strong>or</strong>e unmistakeably prove <strong>the</strong> merits of<strong>the</strong> Free State case, and justify my own animadversionsupon <strong>the</strong> conduct of <strong>the</strong> British auth<strong>or</strong>ities whohave so wrongly put up Waterboer and his false claimsas a puppet and as philanthropic pretensions to mask<strong>the</strong>ir own mercenary and aggressive intentions, evenat <strong>the</strong> risk of nauseating with a surfeit ef similar statements<strong>the</strong> few who may wade through <strong>the</strong>se writings,I veniure to supplement <strong>the</strong> evidence just concludedby extracts from <strong>the</strong> rep<strong>or</strong>t of <strong>the</strong> Land Commissionreferred to at <strong>the</strong> beginning of Chapter VI.Digitized by Goog Ie


DIRK KOK'8 EVIDENCE. 131.'E:dractB from- " Minutes of tke proceeding, of tke OommisBiondeputed 611 tke Government of tke Orange FrMState, in DecemlJer, 1863, to inquIre into tke right8 oftM OamplJell groundB : "-"The commjaaion met this m<strong>or</strong>ning, <strong>the</strong> 11th inat. (a~ Oampbell)and immediately requested <strong>the</strong> Provisional Captain, Dirk Kok"(suCC8lllOr to Jan Bartlett), who had been appointed by OaptainAdam. Kok to come over, who arrived in <strong>the</strong> evening, and made <strong>the</strong>following declaration :-II 'I am a son of Adam Kok, generally called K<strong>or</strong>t Adam, andarrived in 1815 from <strong>the</strong> Kamiesbergen (Oape Oolony) titGrigu Toum, au t/&w, I()uM til rul8r .4._ Ko"; and tit Oamp6,1leM fIOtD tkcltllMl CtWft81i", Kd fila. tAen t/&w, til rul8r ! ' "(How does this statement, <strong>the</strong> repetition, indeed, ofa well-known hist<strong>or</strong>ical fact, coincide with <strong>the</strong> mendaciousassertion of Messrs. Wa.terboer & Co., that <strong>the</strong>late Andriea WaterlJoer a.ppointed <strong>the</strong> la.te C<strong>or</strong>neliusKok to Campbell as hiB sub<strong>or</strong>dinate? It is not<strong>or</strong>iousthat C<strong>or</strong>nelius Kok, as <strong>the</strong> witness testified, was alreadyChief of Campbell long bef<strong>or</strong>e old Andries Waterboerwas raised from obscurity, and made first a constable,<strong>the</strong>n <strong>the</strong> Chief of Griqua Town, by old Dam Kok.)The Provisional Captain, Dirk Kok, "added <strong>the</strong>following evidence :"- .u 'O<strong>or</strong>nelius Kok, who was Oaptain of Oampbell, had his owncouncill<strong>or</strong>s, and held his own mad, fIIlwlly ifllllpMtlmt 01 tM (}"".,."..,. 01 fJripI To."., BOIt6/usp, and PMlippolu • • • Oonuli'" Ko"fUM' W to ,ifJ, any tltle()Unt to Captain '1YtJtwl"IW 01 AU doing ••" 'I was also present when Oaptain Kok, of Philippolis, and <strong>the</strong>DOW reigning Oaptain, Nicolas Waterboer, of Griqua Town, wantedto make an exchange of grounds at Vetberg. The exchange was to• Y'teHp. 4, Annexurea, .. Annemre No.6," Blue Book, O.F.8.,"MiJiutesof Meeting at Nooitgedaoht,1870."Digitized "by Goog Ie


188 DIRK 1(0)['8 BVlDBRCE.ha'fe beea .. follow :-Waterboer was "to ,give to Adam Kok <strong>the</strong>.pounds, Qr at least" part of <strong>the</strong> pUD,d (Albania), on <strong>the</strong> southsideof <strong>the</strong> Vaal River, but not <strong>the</strong> river-field, f<strong>or</strong> Qunpbell and itsgrounds; but Adam Kok refused to do 80, because Waterboerwanted to give him dry field, whilst Campbell apd ita grounds hadmany fountains. Waterboer <strong>the</strong>n said, ' W,ll, ~!I tAu ground 011tAi, <strong>or</strong> tM ,outA ,uz, of tAl rivtw', tAm I ,Aall '/Ju!I Campb,ll anti all tAl.q;aemt lafflh I' ..(Pretty strong evidence, this, against Waterboer'simpudent claim !)" To wMe! Captain.A.ilam Eo," r'P1w, 'TAm m!l plOpl, tllem8ek~ean ,,11 tllo" la1la. ;' and immediatel!l gave <strong>or</strong>der, to write out cwtijicae"f<strong>or</strong> tke PlOp" of grounM in and <strong>about</strong> Campbell, wAieh Wal at oncetUme.' "(It is at least singular how Adam Kok gmnted title­·deeds of <strong>the</strong> Campbell grounds in <strong>the</strong> actual presenceof <strong>the</strong> now alleged owner and paramount chief-and.Ithat, too, without encountering ei<strong>the</strong>r protest <strong>or</strong>impediment !)""On his death (<strong>or</strong>, ra<strong>the</strong>r, bef<strong>or</strong>e it) Captain ComelilJ,llKok, of Campbell, made over Campbell with all ita grounds, 8.8 <strong>the</strong>lines (boundaries) were, to Captain Adam Kok, of Philippolis; also!<strong>the</strong> sta.ft' of office; in til, JW'8BeneI of Rico"" 'Water'/Joer, of Gnipus1bwn, myself, and several o<strong>the</strong>r persons; and Captain A.daa Kok<strong>the</strong>n (afterwards, in 1861, when Jan Bartlett retired) appointedme 8.8 provisional captain, at wMeA W llier'6ow iJitl not ,1Iow MIg flu­.t"faction, and M nBfJer kindwld "" in, <strong>or</strong> interfwld with, ., 9-'"... tl'"This declaration is pretty conclusive, though someconfusion seems to have occurred. in <strong>the</strong> translation,copying, <strong>or</strong> rep<strong>or</strong>ting of dates. However, <strong>the</strong> mainpoint is <strong>the</strong> fact that Dirk Kok was <strong>the</strong> second ProvisionalCaptain of Campbell; that he was appointedDigitized by Goog Ie


ABRABAM KOK'S 'EV'IDENOE. 189by Adam Kok; and -that, like his predecess<strong>or</strong>, JdhnBartlett, and also <strong>the</strong> late Captain C<strong>or</strong>nelius Kok, henever gave any obedience to Waterboer."2. Ahranam Kolc declare8 as foZIo1Q8 :-" 'I am bro<strong>the</strong>r of old Dam Kok, <strong>the</strong> f<strong>or</strong>mer Chief of :Philip polis.I was here first at Griqua Town and Oampbell in 1812 .... Adam]{ok, <strong>or</strong> old Dam Kok, was Ohief of Griqua Town, and afterwardsof Philippolis, tmtl C<strong>or</strong>nlll£'IfII Kole to'" flPPMntlld, '" Cllul 01 Camp­Mil . •.." , C&ptain W'attJrootJr JlD[8ELP TOLD lCil, toAm I ",Iud, Mm fIlJout tM. &Junrltwg Um between Campbllli and, Grifjua TOtDn, tllat tM lim toentjr("" tM rlrift £n Vaal RirJtJr, named Koukonop, in <strong>about</strong> (I n<strong>or</strong>llltJrlt/direction to Witlluj8, and <strong>the</strong>nce to half toag between Campbell (lnd, GrifjUIITown, tmtl from tlltJre to Kogllbem, and, tAm lurt,..,. on! ' "(This is again exactly <strong>the</strong> line we described ~Chapter II., and depicted on diagram A, and is <strong>the</strong>same that was sw<strong>or</strong>n to (without <strong>the</strong> least materialdi.fi'erenoe) by all <strong>the</strong> witnesses, both at Nooitgedachtand bef<strong>or</strong>e <strong>the</strong> Land Commission whose proceedingswe are now investigating. One cannot avoid <strong>the</strong> pertinentreflection <strong>the</strong> continual melltion of this lineinduces, namely-What was <strong>the</strong> line between Campbelland Griqua Town made f<strong>or</strong>, if both territ<strong>or</strong>ies, asnow asserted, belonged to one and <strong>the</strong> same chief, ourfriend Waterboer ?)•.. '" I <strong>the</strong>n asked him, 'If Adam Kok had, as I had heard,.old all <strong>the</strong> grounds of O<strong>or</strong>nelius Xok, of Oampbell, to <strong>the</strong> F1'8eState Government, how it would <strong>the</strong>n be with <strong>the</strong> pl'ivate propertyof <strong>the</strong> people? 'To wMcll WattJrbOtJr replilld, 'I do not know, l<strong>or</strong> ItlD flOe tIf1IIn know 11010 it will bll toitll mg own ground, toMell £, on tlltl piau.'Be meant <strong>the</strong>reby ground in Oampbell.'''(Water boer at this time was <strong>the</strong> owner of two <strong>or</strong>three farms and erven in Campbell and <strong>the</strong> countryaround, to which <strong>the</strong> conversation alludes.)Digitized by Goog Ie


140 ABRAHAM K<strong>or</strong>s EVIDENCE." , I was present at <strong>the</strong> death of Comeliua Kok, and <strong>the</strong>n heardthat he had made over Campbell with all its rights and ground toOaptain Adam Kok, of Philippolis, toge<strong>the</strong>r with <strong>the</strong> CBDe of oftice.CtlpltM Watwllow toll' • lWIUftt, _ iJid flOe '''Y 1I",tM", "I1I;"dII.'''The evidence of this well-known and leading Griquais irrcsistibly overwhelming to <strong>the</strong> trumped-upWaterboer case. The above pointed dialogues haveyet to be refuted, <strong>or</strong> even denied. Abraham Kok<strong>the</strong>n went on to prove, as all <strong>the</strong> o<strong>the</strong>r witnesses haddone, <strong>the</strong> appointment of <strong>the</strong> provisional captains ofCampbell bU Adam Kok: and <strong>the</strong> ab<strong>or</strong>tive attemptmadc at Vetberg in 1861 "to exchange <strong>the</strong> lands ofCampbell f<strong>or</strong> a tract of dry ground" in Albania;after which he fur<strong>the</strong>r declared :-"'1 also know that W aterboer has accepted "..,,,. situated atOampbell, as a p1'88ent f<strong>or</strong> his child; which "..,,,. (measurementsof la.nd) tow. <strong>or</strong>igintdl, im1M16, Captain C",.,..liUl Eol:, fly rlfUHtI,(eia. fluiJI) to a oertain Stiglingb, and sold by Stiglingh to OaptainAdam Kok.''' • • •The following genealogical statement, particularlyinteresting to Waterboer, very clearly proving <strong>the</strong>impossibility of <strong>the</strong> alleged appointment of C<strong>or</strong>neliusKok to Campbell by one (and <strong>the</strong> first) of that ilk,will be found to fully c<strong>or</strong>rob<strong>or</strong>ate our hist<strong>or</strong>ical descriptionin Chapter II of old· Waterboer's debut on<strong>the</strong> political stage of life:-• • • II Old Waterboer was a messenger of Griqua Town whenold Dam Kok had a dispute with <strong>the</strong> millBionary at Griqua Town,and <strong>the</strong>n appointed my uncle, Adam Kok, commonly called K<strong>or</strong>tAdam, to administer <strong>the</strong> local a1l'aira of <strong>the</strong> village of Griqua Town.This Adam Kok being a blacbmith by trade, and baving much todo, appointed. <strong>the</strong> now deceased Waterboer, 80 long <strong>the</strong> meuengerDigitized by Goog Ie


ARIB SAI\IUELS' EVIDENCE. 141of <strong>the</strong> place, to keep <strong>the</strong> village of Griqua Town in <strong>or</strong>der:and afterwards, when old Dam Kok established Pbilippolis, AIfIJ'PoirttItl W.tw6ow III Otlpttlita of 9rigutI .2btm, as <strong>the</strong> inhabitantsof <strong>the</strong> place desired it. OoRNELIUS KOB: WAS TBB ALBAnYOAP'l'AIN OJ!' OAllPBELL!! OJ(Very precise and distinct this! From an eyewitnessof, and participat<strong>or</strong> in, <strong>the</strong> scenes described,too, as were most of <strong>the</strong> witnesses whose evidence Iam analyzing on <strong>the</strong> Free State side, as opposed to <strong>the</strong>bare, unsupp<strong>or</strong>ted, unc<strong>or</strong>rob<strong>or</strong>ated ip8e dizit of <strong>the</strong>present Waterboer, 'lOM 'lOU not lxwn at tM period(1812-15) referred to I)" , Adam Xok, <strong>or</strong> old Dam Xok, <strong>the</strong>n also made <strong>the</strong> boundaryline between. Griqua Town and Oampbe11. . • Boetchap was cutcdr from <strong>the</strong> lands of Oampbell when Barend Barendse becameOaptain of it, bnt after his death it again came under Oampbelland Oomelins Xok.""3. Am Samuel:a being called, decW68:-" 'I always was a councill<strong>or</strong> of O<strong>or</strong>nelins Xok, and I resided atOampbell. O<strong>or</strong>nelius Kok was appointed as Oaptain of Oampbell,and Barend Barandse of Boetchap. Waterboer was <strong>the</strong>n alsomade Oaptain of Griqua Town. The line between Oampbell andGriqua Town was already made in <strong>the</strong> time of old Dam Kok, whenhe was Oaptain <strong>or</strong> Great Ohief of <strong>the</strong> whole country and people of<strong>the</strong> Griquas.' "(He <strong>the</strong>n describes <strong>the</strong> line given in diagram A,adding, however, <strong>the</strong> following imp<strong>or</strong>tant evidence) :-.'" This line, jnst now mentioned, tlJlII ,Mum to WtJtwiow til "'­.ut•.", til r6t"Hrg in 1855, _ I ., fUrl". 1wrrl tluJt M 4iIpuWtluJt Ii,.,.''' .The witness <strong>the</strong>n describes <strong>the</strong> meeting at Vetbergin 1861, and <strong>the</strong> failure of <strong>the</strong> proposed exchange of1ands its object,) and narra~ng <strong>the</strong> issue of title-deedsDigitized by Goog Ie


142 H. HENDRIK'S EYIDENCE.to <strong>the</strong> people of Campbell, on <strong>the</strong> spot, by CaptainAdam Kok, adds," 'TA., 1w,ppmed in tM prUIJflU 0/ Watwllow _ IOtII8 0/ m.eotmeill<strong>or</strong>., agaimt wAich Watw60w tlitJ not objlet." , I was also present when C<strong>or</strong>nelius Kok, of Campbell, sh<strong>or</strong>tlybef<strong>or</strong>e his death, made over Campbell and ita lande to CaptainAdam Kok, of Philippolis. n., "."".. i. tie fII'lUfIM oj OoptMnJPatw_, agaimt whiM .u mtJtk no MlltWi." 'Captain C<strong>or</strong>nelius Kok, of Campbell, had hie own councill<strong>or</strong>s.1 tDfIB alway. one 0/ tllnn, and we netJer had to gifJe any tJeCOUflt to1I"aterlww. Waterboer had hie council at Griqua Town.'''From <strong>the</strong> sw<strong>or</strong>n depositions of Hendrik Hendrikse,already so freely quoted in Chapters II, IV, and V,and who was so long <strong>the</strong> Government secretary to<strong>the</strong> Chief of Philippolis, we take <strong>the</strong> followingextracts:-"4. Hendrik Hendriks8, 8UJ<strong>or</strong>n hU J. G. Siebert, E8q.,Landdrost of Faureamitk:-" 'Adam, <strong>or</strong> DdDl Kok, was appointed to rule at Grlqua Town,and C<strong>or</strong>nelius Kok to rule at Campbell. . ." 'Dam Kok, as being chief of <strong>the</strong> whole Griqua nation, :&.xed aboundary line between Griqua Town and Campbell, resigned hisgovernment of Griqua Town to Waterboer (<strong>about</strong> <strong>the</strong> year 1820),and C<strong>or</strong>nelius Kok had <strong>the</strong> government of Campbell ·with. itagrounds •• . . '" I have to add somethiJlg. H (see Blue Book) ComeliusKok was appointed as Captain of Campbell by Waterboer" (<strong>the</strong>witne88 is dispating thie chief's mendacious cla.im), "~ow can it bereconciled with <strong>the</strong> fact that W aterboer, with Dr. Philips, in 1833,(see Blue Book) aded <strong>the</strong> Brit.,h GOfJemmmt, by letter, to appointAbram Kok in <strong>the</strong> place of C<strong>or</strong>nelius Kok, at Campbell ?" 'Secondly, if Campbell was included in <strong>the</strong> lande of GriqnaTown, how <strong>the</strong>n came Water boer with Dr. Philips, to flBk tie Briti.h9ofIW1IfIIMt, in 1833, that Oamp'6ell might '6e anmzetl to Grigua Town 1b in 1820, Waterboer (old Andries) became Chief of Griqua Townand (as Nicolaa Waterboer now alleges) Campbell, and could notDigitized by Goog Ie


?tIR. W. O. CORNER'S EVIDENCE. 143<strong>the</strong>ref<strong>or</strong>e ask thirteen years later to become chief of lands over whiohhe says he had so many years bef<strong>or</strong>e been appointed chief?' "Messrs. Water boer, Arnot, Sou<strong>the</strong>y & Co. wouldfind it remarkably awkward to answer satisfact<strong>or</strong>ilyf<strong>or</strong> <strong>the</strong>ir own pretensions <strong>the</strong>se very pertinent questionsput by <strong>the</strong> shrewd f<strong>or</strong>mer secretary of <strong>the</strong> PhilippolisGovernment. But in <strong>truth</strong> <strong>the</strong>y have never yettaken <strong>the</strong> trouble to refute any of <strong>the</strong> Free State overwhelmingevidence of right and title to all <strong>the</strong> f<strong>or</strong>merterrit<strong>or</strong>y of <strong>the</strong> late C<strong>or</strong>nelius Kok; British bayonets,Sir Henry Barkly, <strong>the</strong> Cape mounted and armedfrontier police, &c., having supplied a much m<strong>or</strong>esimple and effective Mgumentum ad lwminem." 5. Mr. w: O. O<strong>or</strong>ner:-" Rands to <strong>the</strong> CommillBion in elucidation of <strong>the</strong> rights of Campbell<strong>the</strong> following doouments, No. 1-12, inclusive, and fur<strong>the</strong>rdeclared that everything that he has heard of <strong>the</strong> declaration ofHendrik Hendrikse, Abraham Kok, Dirk Kok, and Arie Samuels,as far as it is within his knowledge, is <strong>the</strong> <strong>truth</strong>."It is, indeed, no less singular than w<strong>or</strong>thy of noticehow clearly and distinctly every one of <strong>the</strong> witnessesc<strong>or</strong>rob<strong>or</strong>ates <strong>the</strong> testimony of <strong>the</strong> o<strong>the</strong>rs. Yet, f<strong>or</strong>sooth,Sir Henry Barkly and <strong>the</strong> Cape Governmenthave actually accented <strong>the</strong> nigger Waterboer's mereip8e dizit to <strong>the</strong> contrary! I find that Lieutenant­General Hay, <strong>the</strong>n acting-govern<strong>or</strong> of <strong>the</strong> Cape, was<strong>the</strong> :first to do so, in September, 1870, and fur<strong>the</strong>r,upon no better grounds, to deny <strong>the</strong> veracity of <strong>the</strong>sw<strong>or</strong>n statements of some sc<strong>or</strong>e of well known, highlyrespectable witnesses, whose amply attested declarationsexhibit such perfect unanimity. Indeed, GeneralHay and his success<strong>or</strong>, Sir H. Barkly, pretty distinctlyGIBert, but never yet have adduced an iota of proof, thatDigitized by Goog Ie


144 GUBERNATORUL LIBELS.all <strong>the</strong>se witnesses in favour of <strong>the</strong> Free State rightsare rogues and vagabonds, and have conspired toge<strong>the</strong>rto wrong, cheat, and plunder <strong>the</strong>ir suddenly dearlybeloved Waterboer of his <strong>diamond</strong>-<strong>fields</strong>! But <strong>the</strong>yquite fail to perceive, <strong>or</strong> at least give no sign of conaciousness,that <strong>the</strong>y <strong>the</strong>reby assert what would beone of <strong>the</strong> most perfect and stupendous conspiracies,<strong>or</strong> combinations of governments, peoples, and disinterestedindividuals to perjure <strong>the</strong>mselves, which canpossibly be conceived! Why, <strong>the</strong> Tichb<strong>or</strong>ne case isnothing to it! These two officials, <strong>or</strong>, ra<strong>the</strong>r, <strong>the</strong>irinstigat<strong>or</strong> and backer, Mr. Sou<strong>the</strong>y, <strong>the</strong> ColonialSecretary, coolly charge two white, Christian, andcivilized governments (that of <strong>the</strong> Orange Free State,and of <strong>the</strong> Transvaal Republic), composed, to all appearanceand knowledge, of gentlemen as good andhonourable as <strong>the</strong>mselves; a great number of <strong>the</strong>burghers of both states; toge<strong>the</strong>r with nearly all<strong>the</strong> surviving relatives and members of <strong>the</strong> late ComeliusKok's government, and a host of indep~ndentwitnesses, with fraud, conspiracy, and perjury ! Yet,not to this day-and I defy contradiction-have <strong>the</strong>yrebutted one single statement <strong>or</strong> declaration made infavour and supp<strong>or</strong>t of <strong>the</strong> claims 'of <strong>the</strong> Orange FreeState!Mr. Comer fur<strong>the</strong>r adds:"That in <strong>the</strong> lif'etime of C<strong>or</strong>nelius Kok, ". ,.,eMlll II ptIW". oj.tt6nug'row "'tit cAUl to "llltmtll in. ",. twrit<strong>or</strong>g 01 CtlmpWl, ,IIAW.". lil/ On <strong>the</strong> death of C<strong>or</strong>nelius Kok, Captain A. Kok, of Philippolis,again confirmed this power, on which he IOld a place in <strong>the</strong>Campbellianda. Some of W &terboer's councill<strong>or</strong>s expressed dissatisfactionat ii to Water boer, tlM TV.Uri",. IIIitl to """', ' TV. Cmt".All • • "gAt to tlo 10. 11', It.PI .'JtAi719 to tlo flJit! it /' "Digitized by Goog Ie


THE LAlli"]) COlDIISSION'S REPORT. 145'fhe power of att<strong>or</strong>ney here mentioned we shall havooccasion to quote and refcr to by and by, when <strong>the</strong>time comes to disprove General Hay's and Sir HenryBarkly's iteration of 'Vaterboer's absurd lie-thatC<strong>or</strong>nelius Kok was not an independent chief, andAdam Kok was not his "lawful heir and success<strong>or</strong>."The Commission wound up its labours by <strong>the</strong>tollowing declaration:II The commission exceedingly regret that Captain Water boerdid not come to Campbell to meet <strong>the</strong>m, &8 <strong>the</strong>y could <strong>the</strong>n withoutany doubt have considered <strong>the</strong> matter &8 finally disposed <strong>or</strong>; &8 <strong>the</strong>yare of opinion that no counter proof can be produced by CaptainWaterboer against <strong>the</strong> undoubted fact that <strong>the</strong> grounds of Campbellwere f<strong>or</strong>merly governed by Captain A. Kok, and sold to <strong>the</strong> FreeState Government by <strong>the</strong> Griqua Government of Philippolis, andhave by that purchase become <strong>the</strong> indisputable property of <strong>the</strong> FreeState Government." The Commission believes <strong>the</strong>y have obtained such written proofa,9 conclusively establishes <strong>the</strong> fact that C<strong>or</strong>neliUIJ Eok did g<strong>or</strong>:ern,nnl 'Watw60". nner g<strong>or</strong>erwd, tlli, pari of Griqualnncl to tTae n<strong>or</strong>th oftAeytuJl RSfJ.,.; that Comelius Kok bef<strong>or</strong>e his death made ov<strong>or</strong> <strong>the</strong>government to Adam Kok, Oaptain of Philippolis, who first gaveliberty to his people to sell <strong>the</strong>ir farms to white people, and afterwards,by his representative, sold <strong>the</strong> grounds f<strong>or</strong>merly governedby C<strong>or</strong>nelius Kok, as well &8 those of himself, to <strong>the</strong> Free State f<strong>or</strong>a fixed price. • ."Signed byDated at "Abraham Moosfontein, I " V .... y SOEJ,E:lf,D,C!"'iJer l3tA, 1863." l J. G. SIEBERT,} J. A. SERFO:rrEIN."When one comes to considcr <strong>the</strong> great trouble and<strong>the</strong> continual solicitude ever displayed by <strong>the</strong> Governmentof <strong>the</strong> Orange Free State to ascertain its justLDigitized by Goog Ie


146 STRENGTH OF THE FREE Sl'A.TE CASE.rights, no less than to avoid infringing upon those ofits weak and helpless, though highly offensive andundesirable, neighbour, Waterboer, <strong>the</strong> m<strong>or</strong>e indignantmust any honest Englishman feel at <strong>the</strong> treatmentto which that State has been subjected in <strong>the</strong>matterof <strong>the</strong> <strong>diamond</strong> <strong>fields</strong> by his own Governmentof5cials.With Mr. W. O. C<strong>or</strong>ner's statement we conclude <strong>the</strong><strong>or</strong>alevidence given both at Nooitgedacht in 1810, andbef<strong>or</strong>e <strong>the</strong> Commission at Campbell, in 1863, in supp<strong>or</strong>tof <strong>the</strong> right and title of <strong>the</strong> Orange Free State to <strong>the</strong>groundsof <strong>the</strong> late C<strong>or</strong>nelius Kok, known as <strong>the</strong>Campbell lands, n<strong>or</strong>th of <strong>the</strong> Vaal River. Comment<strong>the</strong>reon seems quite needless, especially as those declarationsstill stand unshaken and unassailed, and allare so precise and intelligible, so very positive and definiteupon <strong>the</strong> point we have striven to prove by thischapter, viz., <strong>the</strong> fact that <strong>the</strong> late C<strong>or</strong>nelius Kokruled and governed <strong>the</strong> Campbell grounds 88 a.nabsolnte and ind ependent Chief.The twelve documents referred to as submitted. to<strong>the</strong>Commission by Mr. W. O. C<strong>or</strong>ner are appendndto this chapter in <strong>the</strong> f<strong>or</strong>m of an annexure. The <strong>or</strong>iginalsarc in that gentleman's possession, and wereobtained <strong>or</strong> received by him whilst serving <strong>the</strong> Governmentof <strong>the</strong> Koks in an official capacity. 'rhey areeveryone letters to C<strong>or</strong>nelius Kok, all but two beingfrom both Adam Kok and Waterboer (which is aninvaluable fact in <strong>the</strong> present controversy); and it willbe seen that each document is addressed to C<strong>or</strong>neliusKok ll8 tIle Ohief and (/aptat'" of Campbell.Digitized by Goog Ie


ANNEXURE. 141ANNEXUllE TO ClIAPTBR VII.Being COpie8 of <strong>or</strong>iginal documents po88e8sed 1Ju Mr. W.O. O<strong>or</strong>ner, and produced h!l Rim fit t1e meetillg alNooitgedacht.No. 1. [Translation.]" Philippolis, Kay 81, 1854."To <strong>the</strong> Ohlef OoB.NllLIS Xox and his Raad (Oouncil)."By this we wish to bring to your notice <strong>the</strong> present state of ourcountry. You will know <strong>the</strong> propoaal of H .. Majesty's Oommisaioner,Sir Ge<strong>or</strong>ge Olerk, to us, when he left this country, that <strong>the</strong>Griqua nation totally dec1inecl his proposal to sell farms in <strong>the</strong> lineto farmers, &0."I am lOrry to ten you that, after Sir Ge<strong>or</strong>ge Clerk lett, eightfarms have already been 101d to lIow, by <strong>the</strong> Griqua nation, and <strong>the</strong>sale is oonfirmed by <strong>the</strong> Landrost of Sannah's Po<strong>or</strong>t, contrary toour law."There are also <strong>about</strong> f<strong>or</strong>ty farms bespoken by <strong>the</strong> fa.rm.en, withlOme Griquas. Now, we don't know what to do. If' we try tohinder it, it might bring on a war; <strong>the</strong>ref<strong>or</strong>e we wish you to' tenus your thoughts. We will be pleased with your presence and lOmeof your Raad at Philippolis. The position of our country requiresof us to ask you earnestly to be present with your Oouncill<strong>or</strong>s toconsult with 'us-to convey your mind to <strong>the</strong> preservation of ourcouutry. We will be glad if' you can be here as BOon as possible.We have also invited <strong>the</strong> o<strong>the</strong>r allies." I remain, your upright friend,"ADAM: KOK, Oaptain." It is not uncertain that war will arise if' <strong>the</strong>re is hindrance, andprevent <strong>the</strong> lJoer, :from. taking <strong>the</strong> farms. We sit deep in <strong>the</strong> middleand far oft'."No.2. [Translation.]Extracts :-II Melkboklontein, January 3, 1854."To <strong>the</strong> Oaptain NIOLI. KoE, my bro<strong>the</strong>r,-"I acquaint you of <strong>the</strong> oases you did not hear of bef<strong>or</strong>e in <strong>the</strong>time that my fa<strong>the</strong>r lived. Old Ambral Lambert, already a eaptain,L 2Digitized by Goog Ie


148 DOCUMENTARY ~DENCE:was a good, intelligent man. At that time was <strong>the</strong> minister called.Schnemelun with him. Then <strong>the</strong> country was barren; and <strong>the</strong>D.Captain C<strong>or</strong>nelia Kok made war against <strong>the</strong> Piena&r8. . . •Even <strong>the</strong> Captain C<strong>or</strong>nelia opp1'8888d his own people and plundered.• • Dear bro<strong>the</strong>r, I wish to ma.'ke a treaty with my friends,and I shall await <strong>the</strong> answer. My dearbro<strong>the</strong>r, what do you thinkof all <strong>the</strong>se C8888? Of <strong>the</strong> answer of <strong>the</strong> captain, Jan Bloem, hewill do his best to Bend <strong>the</strong> answer of <strong>the</strong> Captain. So can mybro<strong>the</strong>r. My bro<strong>the</strong>r will also hear from <strong>the</strong> Captain Adam Kokwhat I wrote to him, and also to <strong>the</strong> Captain·.Klaaa Waterboer. Ihave written <strong>the</strong> same up to him. I am persecuted by <strong>the</strong>secaptains; <strong>the</strong>y now look f<strong>or</strong> <strong>the</strong> Damara Captain, whom, with me,toge<strong>the</strong>r, <strong>the</strong>y try to plunder. He is a persoD. whom I made atreaty with." You be greeted by me, <strong>the</strong> friend of you,.1 JONKER AFRIKA.NER, Captain."No.3. [Extract from .Translation of letter.]"Griqua Town, 10th April; 1854."To <strong>the</strong> Captain C. KOK, Campbell." To <strong>the</strong> Oaptain,-Dear Captain and uncle, by this I have <strong>the</strong>honour to send you <strong>the</strong>se few linea, to mention to you <strong>about</strong> <strong>the</strong>circumstances and <strong>the</strong> state of things in <strong>the</strong> vicinity of Philippolis,on <strong>the</strong> 16th day of March. Her Majesty's Commissioner, Sir Ge<strong>or</strong>geRussell Clerk, arrived at Philippolis, on his way to <strong>the</strong> Colony,with his people, who were <strong>the</strong>n leaving <strong>the</strong> Sovereignty, where he,<strong>the</strong> following day, requested <strong>the</strong> Captain to have a meeting, whichwas agreed to. Alter <strong>the</strong> meeting had been toge<strong>the</strong>r,' Sir Ge<strong>or</strong>geClerk <strong>the</strong>n made a proposal to <strong>the</strong> Captain, that he meant AdamKok should allow <strong>the</strong> land to be publicly sold to <strong>the</strong> how,; that itwould be all that would bring peace into <strong>the</strong> country, as he has nowgiven <strong>the</strong> country to <strong>the</strong> Boer Government, from <strong>the</strong> banks of <strong>the</strong>Vaal River to <strong>the</strong> banks of <strong>the</strong> Zwart (Orange) River, and thistreaty between <strong>the</strong>m has been broken. "No.4. [Translation.]"Phillppolia, 13th February, 1864 ••• To Mr. Co:anL18 KOK, Ohlef of Campbell .• 1 Sm,-Contents as follows: That <strong>the</strong> undersigned was recently atDigitized by Goog Ie


PRODUCED BY MR. W. O. CORNER. 149Bloemfontein, to see Sir Ge<strong>or</strong>ge Olerk, and he advised me to sell<strong>the</strong> farms within <strong>the</strong> line to <strong>the</strong> 110m, 88 peace between us 'Would<strong>the</strong>n be rest<strong>or</strong>ed." A meeting 'Was held, but <strong>the</strong> bow. declined <strong>the</strong> offer, and said tomy people that, if circumstanoea needed, <strong>the</strong>y 'Would even lay down<strong>the</strong>ir lives."Your true friend,"ADAM KOK, Oaptain."No.5. [Translation.]"Philippolis, 12th Kay, 1853.".. To <strong>the</strong> Obief of Oampbell Grounds, Ooanw KOB: •.. Sm,-By this I have to acquaint you that we will not be able tohave <strong>the</strong> desired Griqua meeting, as <strong>the</strong> _., acc<strong>or</strong>diug to rep<strong>or</strong>t,are now prepared to go to war with Hahura. The FrUntl says that<strong>the</strong>re is already war, and <strong>the</strong> 6ow. have lost ten men; we are gettingready f<strong>or</strong> <strong>the</strong> journey to Oampbell and Griqua Town, acc<strong>or</strong>ding toour fOrDler letters. If it is <strong>the</strong> <strong>truth</strong>, <strong>the</strong> rep<strong>or</strong>t in <strong>the</strong> liNmtl, weknow not; it 'W88 here said so.U With respects, your obedient servant,"ADAM KOK, Kaptyn."No.6. [Translation.]"Philippolis, 22nd August, 1853." To <strong>the</strong> Captain OOR.lULJ11S KoB:, Ohlef of Oampbell."DE.ut OAPT.AIN,-We feel it our duty to give you timely noticethat we have heard that <strong>the</strong> Sovereignty is to be abandoned by <strong>the</strong>English. The Oommissioner who came from England has arrivedat Bloemfontein."W 0 have not yet received letters from him, but we expect him inour midst daily."Tho moment he arrives, <strong>or</strong> 'When we shall meet him, 'We will benble to write you fur<strong>the</strong>r on our circumstances and our ideas •• 1 We know not what result <strong>the</strong>se circumstances may bring, but wecan be sure of it, and expect great changes to take plaoe, that 'Willsave OlU interests 88 nationa j <strong>the</strong>ref<strong>or</strong>e it ie highly neceesary thatDigitized by Goog Ie


150 DOCUJIENTABY EVIDEl'fCE:ow uad~ .. a D.moa and a people-ehouldia <strong>the</strong> pnHDttimes be bowD."It will highly please us to receive an armed f<strong>or</strong>ce fmm you, asII8OIl, aM that you will aequaiat to u y«a ideas <strong>about</strong> <strong>the</strong>se-gilt)" ciJnm ..... ,II I have <strong>the</strong> honour to be," Your obedient servant,"ADAl{ KOK, KaptyD."No.7. [Translation.]" Griqua Town, 20th September, 1853."Fer <strong>the</strong> Oaptain COBllKLI8 Kox."DBAB OAl'TAIlf,-Oontenta ~ lOme honea stolen from alIr. Abraham Wilge, of Beervley.-- "N. WATERBOER, Kaptyn."No.8." Griqua Town, 9th Yay, l8c3."DEAR 8m .um UNCLE,-Contents respecting <strong>the</strong> purchase byWaterboer of a cart from Oomelis Kok." I have <strong>the</strong> honour to be, with regard,"Your sincere servant,"N. WATERBOER, Captain."No.9."Philippolis, 9th April, 1851."To Captain OoRNELIS Kox."8m,-As I have written you a letter, as also <strong>the</strong> o<strong>the</strong>r Chiefs, tomeet you at Lekatlong, on Saturday, <strong>the</strong> 12th instant, I h&"f'8 toinfonn 1011 with regret that buainen hal greatly hindered me thatI am DGt able to come <strong>the</strong>re myaelf aoo<strong>or</strong>ding to promise. But Ihaw received fic1iDgs with much joy, that you and Jantje haveatTUIged <strong>the</strong> cruference which existed between you, and that peacehas been eeta.bliahed. I wou1d request you and <strong>the</strong> o<strong>the</strong>r Ohiefs toDigitized by Goog Ie


PRODUCED BY MR. W. O. CORNER. 151preserve peace as much as possible with each o<strong>the</strong>r j never allowwar to be heard of amongst you."I am, Sir, your obedient servant,"ADAM KOK, Oaptain."No. 10."30th July, 1849 •• , To Captain OOUEL18 Ko][, Captain, £rom OBllI8TUlf BoCK." Oon&ents: Application f<strong>or</strong> a farm.No. 11."Philippolis, 18th Jauuary, 1843 •.., To Captain 00:a.QLI178 KoK, Captain of Campbell." DIa.. UNCLE,-Contents: Respecting a farm of WiUem Vry."Captain AD.U! KOK."No. 12." Griqua Town, 3rd Augast, 1848 ... , Letter from A. WADRBOBR, Captain, to" Captain C. Ko][."WORTHY FlUDD,-Contents: Appeal to w<strong>or</strong>k toge<strong>the</strong>r againRtOe /JOI,.,!'Digitized by Goog Ie


1.52 WATERBOER'I:\ CASE.CHAPTER VIII.ANAL YSIS OF THE DOCUMENTARY EVIDENCE PRODUCEDBY W ATERBOER, AT THE MEETING AT N OOITGEDACHT,IN SUPPORT OF HIS CLAIlI TO THE FORMER TERRITORYOF THE LATE CoRNELIUS KOK.W ATERBon's OASE.-ANALYSIS THEREOF.-DocoKENTARY EvIDUCEIN SUPPORT.-AnExURES Nos. 1, 2, 3, .4lm 4.-" AlmExURENo. S."-AN ALLEGED ToATY BETWEEN A. WATBltBOn ANDA. KOR, IN 1838; ITS VITAL IMPORTANCE TO WATXItBOER'S OASE;ITS THBBB MAIN OLAUSES REVIBWED IN DET.A.IL.-TJm ALLEGEDDIVISION OF .ALL GBIQUA LAm> BETWEEN A. W ATBItBOlm A.lIDA. KOR DISPBOVED; ALSO THE LINE FROM RAKAR TO PLATDERG,.AS OLADDm BY W ATlmBOER AND QQ.-GENERAL A:aoUMENTSAGAINST THE Gu UUlUESS 01' THE PRETENDED ToATY.-TREATYBETWEEN 00B.NELIl18 Kox AND JAN BLOIW~Having concluded <strong>the</strong> viva voce testimony f<strong>or</strong>thcomingat <strong>the</strong> Nooitgedacht meeting, it is necessary to nowanalyse <strong>the</strong> documentary evidence produced on ci<strong>the</strong>l~side; giving to <strong>the</strong> plaintiff, as bef<strong>or</strong>e, <strong>the</strong> preference,and again commencing with <strong>the</strong> statement of his argument,case,' <strong>or</strong> object, viz.:-1. That C<strong>or</strong>nelius Kok was not an independent chief~but Waterboer's under officer <strong>or</strong> sub<strong>or</strong>dinate.2. That <strong>the</strong> territ<strong>or</strong>y known as that of C<strong>or</strong>nelius.Kok-<strong>the</strong> Campbell grounds, as well as such part of<strong>South</strong> <strong>Adamantia</strong> as fell within a line drawn fromRamah on <strong>the</strong> Orange to Platberg on <strong>the</strong> Vaal River~-really belonged to him, Waterboer.Digitized by Goog Ie


THE MAIN SPRING OF THE CASE. 153I must also premise that as it would be a great wasteof time, and would swamp this w<strong>or</strong>k with a mass <strong>or</strong>utterly irrelevant matter, to quote <strong>or</strong> discuss aenatimevery paper and documentary reference produced byWaterboer's advisers and cod.djut<strong>or</strong>s, I have onlyselected those really bearing upon <strong>the</strong> points at issue.That I have so chosen and reviewed all such evidence,and only excepted irrelevant, unimp<strong>or</strong>tant papers andparts of papers, I pledge my honour, and challengeinvestigation.ANALYSIS OF WATERBOER's CASE.The documents here noticed still constitute Waterboer'sentire case, and although in possession of and~'Cgu1arly receiving <strong>the</strong> latest official intelligence, I amnot aware of any fresh evidence in addition <strong>the</strong>reto.The first four documents laid over by Mr. Att<strong>or</strong>neyGrant, at Nooitgedacht, in supp<strong>or</strong>t of Waterboer's case,consisted of certain pages of <strong>the</strong> Blue Book of 1837 ~. <strong>the</strong> Blue Book, "Kafir Tribes, 23rd June, 1851;" andseveral Missionary Society Rep<strong>or</strong>ts, 1813-15; all unimp<strong>or</strong>tant,-exceptin so far as tile Imaginary beatificationof old Andries Waterboer and several o<strong>the</strong>requally vain, past, and mythical shining Griqua lightsare concerned.1. But "Annexure No.5" is a far m<strong>or</strong>e p<strong>or</strong>tentousand pretentious affair. Indeed, it constitutes <strong>about</strong> <strong>the</strong>very end and beginning, <strong>the</strong> primum mobile of hisclaims to <strong>the</strong> C<strong>or</strong>nelius Kok lands-including <strong>the</strong><strong>diamond</strong> <strong>fields</strong>. All o<strong>the</strong>r documents on this side arebut produced in supp<strong>or</strong>t of this. His entire case is.based and founded <strong>the</strong>reon; disprove it, and <strong>the</strong> claimis destroyed 'in toto IDigitized by Goog Ie


154 SCHEME OF WATERBOEK .um CO.This document is ra<strong>the</strong>r pompous, but ambiguous intitle, being termed,-" .4rl;clu 0/ _.Agrln"mt ktllJlm tM Griftlll CMt/_,.A.: Waterboer4J1Il..4tlam Eol, and tM PlIOple.".Of this notice, <strong>or</strong> manifesto, which professes to havebeen "done at Griqua Twn, tke 9tk November, 1838,".and to be signed. by <strong>the</strong> chiefs "A. Waterboer andA. Kok," only three clauses out of its thirteen, viz.,<strong>the</strong> 3rd, 4th, and 5th, have any direct bearing on <strong>the</strong>case, <strong>or</strong> have ever been referred to and quoted ei<strong>the</strong>rpro <strong>or</strong> con.Waterboer and his supp<strong>or</strong>ters declare that <strong>the</strong>sethree clauses prove that all Griqua']and was dividedbetween old Andries Water boer and Adam Kok; <strong>the</strong>y.argue, m<strong>or</strong>eover, from <strong>the</strong> vaguest of vague and utterly'unintelligible definitions of boundaries, that <strong>the</strong> p<strong>or</strong>tionof Griqua land so allotted to Andries Water boer, notonly embraced <strong>the</strong> whole of <strong>the</strong> Griqua territ<strong>or</strong>y n<strong>or</strong>thof <strong>the</strong> Vaal River, but also all that on <strong>the</strong> south bank,.(<strong>South</strong> <strong>Adamantia</strong>) included within a line drawn fromRaruah on <strong>the</strong> Orange river, to David's Graf on <strong>the</strong>Riet, <strong>or</strong> at <strong>the</strong> junction of Riet and Hodder rivers,.and <strong>the</strong>nce on to Plat berg on <strong>the</strong> VaaJ River.From Ramah this line follows <strong>about</strong> a true n<strong>or</strong>thn<strong>or</strong>th.east course to Platberg, and is, in fact, Doneo<strong>the</strong>r than what we have seen was really <strong>the</strong> <strong>or</strong>iginalboundary line between Adam and ComelillS Kok.Waterboer's dodge is palpable ;-by pretending thatC<strong>or</strong>nelius Kok was his 8ub<strong>or</strong>dinate, <strong>the</strong> lands n<strong>or</strong>th ofthat line would revert to him [<strong>or</strong>, ra<strong>the</strong>r, 8hould havedone so, f<strong>or</strong>, in point of fact, as we have also seen, <strong>the</strong>y.did not]; but at all events he would have a fair primo,Digitized by Goog Ie


CRITICA.L ANALYSIS OF "ANNEXURE No.5." ) 55facie case, depending, however, entirely upon <strong>the</strong>question of Comelius Kok's dependence <strong>or</strong> independenee.As clauses 3 and 4 are similar we will deal withboth toge<strong>the</strong>r:-" 3. The land beI\)Dging to till two ckieJ. and <strong>the</strong>irpeop1elluJlllJ,eaUed Griqua land, and .ludllJ, governed by <strong>the</strong> two present knownehiefi, namely, Andries Waterboer, <strong>or</strong> Griqua Town, and AdamXok, of PIailippolis." 4. The Land <strong>or</strong> country tDilZ I, dinded in two great p<strong>or</strong>tions,aDd goTerned by two cllilerent governments, each government tohave ita own lands." .F<strong>or</strong> <strong>the</strong> we of argnment, we will admit that thistreaty <strong>or</strong> agreement is not a pure invention, but wentbeyond a mere draft, and once existed, and 80 willdeal with its points, and <strong>the</strong> inferences derived <strong>the</strong>refromby <strong>the</strong> robbers of <strong>the</strong> diamon~ <strong>fields</strong>, categ<strong>or</strong>icallyand au krieuz.1. With regard to <strong>the</strong> conclusion jumped at sohastily by Waterboer & Co., that all Griqua land wasincluded and divided by this agreement, I venture tomaintain, in <strong>the</strong> most positive manner, that nei<strong>the</strong>r inletter n<strong>or</strong> in spirit does it do anything of <strong>the</strong> s<strong>or</strong>t.(a.) Clause 1, on which•<strong>the</strong> remaining twelve arebased, states. "The chiefs and inhabitants of GriquaTottm and PAilippoliB will be considered as a nation, andalso a connection with each o<strong>the</strong>r." But fIOt a w<strong>or</strong>d i88aid aHut Oampbell, its gr<strong>or</strong>mdI, <strong>or</strong> its people / It is,indeed, quite clearly stated in clauses 3 and 4 that itis certain lands " belonging to tke two cmeja" which aloneare under consideration: nei<strong>the</strong>r directly n<strong>or</strong> indirectlyis ei<strong>the</strong>r w<strong>or</strong>d <strong>or</strong> allusion made to CampbellDigitized by Goog Ie


156 WATERDOER AND co.'s ARGUMEXT }'.\.LL..\.CJOt:S.and its chief, C<strong>or</strong>nelius Kok! And" <strong>the</strong> two chiefs"are named as "A. W aterboer and A. Kok."(h.) "The land <strong>or</strong> country," acc<strong>or</strong>ding to clause 4,to "be divided into two great p<strong>or</strong>tions," &c., is specificallystated to be that of "<strong>the</strong> two chiefs;" but notthat of C<strong>or</strong>nelius Kok, whose name is never mentionedin <strong>the</strong> document.(c.) M<strong>or</strong>eover, from <strong>the</strong> very tense in which <strong>the</strong>composition is written it is evidently only a proposedarrangement; <strong>the</strong> terms of which ei<strong>the</strong>r " shall be" <strong>or</strong>"will be " carried out, but, at <strong>the</strong> time t(Jere not; f<strong>or</strong>it lacks <strong>the</strong> necessary proclamation as a past <strong>or</strong> presentofficial enactment by which alane it could become law,and no evidence is adduced to show that its stipulationsand agreements were ever executed.(d.) The utter exception of Captain C<strong>or</strong>nelius Kokand his territ<strong>or</strong>y !>f Campbell, &c., is very singularand conspicuous; and I do not think that I am straininglogical sequence when I say that it was palpablybecause nei<strong>the</strong>r he n<strong>or</strong> his lands had anything to dowith <strong>the</strong> proposed treaty.(c.) Even were <strong>the</strong> document a genuine one, were <strong>the</strong>whole conntry inhabited by Griquas meant, and wereclauses 3 and 4, <strong>or</strong>iginally, tat <strong>the</strong> drafting of <strong>the</strong> treaty,quite hond fide; as a matter of fact, it never was executed<strong>or</strong> maintained; f<strong>or</strong> C<strong>or</strong>nelius Kok certainly did ruleas an independent chief at Campbell, did dispose of itsgronnds '8.S he pleased, and did make over his territ<strong>or</strong>yto Adam Kok, who did sell to <strong>the</strong> Orange FreeState what he had so succeeded to (although this latter1act is now disputed).2. The boundary clause must now be investigated.Digitized by Goog Ie


THE BOUNDARY CLAUSE WORTHLESS.1;:'7.. 4. The boundary ot<strong>the</strong> mwtk-tfUt& p<strong>or</strong>tion (ruled by Adam Kok,otPhilippolis) will be from Ramah, on <strong>the</strong> 'West, b along <strong>the</strong> boundaryct<strong>the</strong> colony, eastwards" to Comets Spuiut,overtbe Caled.on River,and n<strong>or</strong>thwards to Modder River.· The boundary ot <strong>the</strong> western"p<strong>or</strong>tion, ruled by Audries Waterboer at Griqua Town, will be fromRamah, on <strong>the</strong> east, t along tM boundary oltM colony UJutwnrda to Xlltis,lind rwrtku:ard, to Plntberg."1The grave elT<strong>or</strong>s and inaccurate statements of factin this clause are such as to cause sufficiently strongtechnical objections to make it w<strong>or</strong>thless-especiallyconsidering that no cOlTob<strong>or</strong>ative evidence as to th3actual execution and maintenance of <strong>the</strong> alleged treatyis f<strong>or</strong>thcoming.(a.) In <strong>the</strong> first place, by refelTing to di8.0OTam C.,Chapter IV., it will be seen that instead of being <strong>the</strong>" n<strong>or</strong>tk-eaat" p<strong>or</strong>tion of Griqua land, Adam Kok'sterrit<strong>or</strong>y is <strong>the</strong> south-cast; that of O<strong>or</strong>nelll" KoT.: beingtile n<strong>or</strong>th-cast, tlwltgl,!(6.) Instead of Ramah being" on tne west" of AdamKok's territ<strong>or</strong>y, it f<strong>or</strong>ms just <strong>the</strong> n<strong>or</strong>tll-loeat apt.,; <strong>or</strong>c<strong>or</strong>ner.(c.) The line "along <strong>the</strong> boundary of <strong>the</strong> colony"(<strong>the</strong> Orange River) does not run" e1l8twardB," hut8outh-eaat.(d.) As this vague boundary of Adam Kok ends"n<strong>or</strong>thwards to Modder River" (a stream over 200miles long), and begins" from Ramah," it will be seenthat no boundary line is given to connect those twowidely-separated points. But we have seen byevidencein Chapters III. and IV., and by diagram B, inChapter III., that <strong>the</strong> territ<strong>or</strong>y of C<strong>or</strong>neliua Kole Joinedthat 01 Adam Kole; that a line was made, In 1840, hetween<strong>the</strong>m, from Ramah (N.E.) to David', Ora/, on <strong>the</strong> Riel.<strong>or</strong> Junetion of tke Riel and Modder river8; and th.((t this .Digitized by Goog Ie


158 A DD'lNITIO!i DlLElOlA •.demarcation i8 furfher proved and stated b!J t/t,c Maitlandtreatu in 1846; though not a particle of evidencethat Waterboer ever owned territ<strong>or</strong>y ~ong that linecan be found outside this precious "AnnexureNo.5."(e.) Having regard to <strong>the</strong> known territ<strong>or</strong>y of AdamKok, and <strong>the</strong> line of <strong>the</strong> 1tlodder River, instead ofWaterboer's ground being <strong>the</strong>" wuter. p<strong>or</strong>tion," it is<strong>the</strong> n<strong>or</strong>tk-wlJltern.(f.) As "Ramah on tile etUJt" is taken as Waterboer'seastern starting-poiut (in reality, it was <strong>the</strong> MMthc'lste1'n),of course it would be absurd and utterly inconsistentf<strong>or</strong> any of his o<strong>the</strong>r defined boundaries toextend to <strong>the</strong> eastward of that. How, <strong>the</strong>n, are we t<strong>or</strong>econcile, <strong>or</strong>, indeed, comprehend <strong>the</strong> sentence" fromRamah on <strong>the</strong> east, along <strong>the</strong> boundary of <strong>the</strong> colonywestwards to Kheis, and n<strong>or</strong>thwards to Platberg?"Plat6erg on <strong>the</strong> Rivet Vaal, immediately opposite toHebron (and <strong>the</strong> point now claimed by Waterboer andhis coadjut<strong>or</strong>s as <strong>the</strong> place meant by <strong>the</strong> term " andn<strong>or</strong>thwards to Platberg") 6et.'ng (true) ead and by n<strong>or</strong>tl,from Khei8! It will be seen that <strong>the</strong> boundaries mentionedin clause 5 of <strong>the</strong> " agreement" run on· consecutively,Adam Kok's commencing at Ramah, andproceeding to <strong>the</strong> right, <strong>or</strong> east, Waterboer's alsobeginning a\ Ramah, and <strong>the</strong>nce proceeding to <strong>the</strong>left, <strong>or</strong> west.(g.) We arc landed at Kheis, but how to get "n<strong>or</strong>thwardsto PlatiJerg" is <strong>the</strong> difficulty.Waterboer's friends who desired <strong>the</strong> <strong>diamond</strong> <strong>fields</strong>f<strong>or</strong> <strong>the</strong>msel ves, perceiving this ~emma, act thus: <strong>the</strong>yfirst of all break <strong>the</strong> hi<strong>the</strong>rto and o<strong>the</strong>rwise regularsuccession and sequence of <strong>the</strong> boundary lines 6y goi1l!JDigitized by Goog Ie


CONFUSED DE8CR~ON OF BOUNDAlUES. 15~back again from KlleiB efJ8twllrtiSJ to Ramah, and starta/relh from tltat place so as to get " n<strong>or</strong>thwards to Platberg,'"<strong>the</strong> hill opposite Hebron! So <strong>the</strong>y go fromllama" n<strong>or</strong>thwards to Platberg-a line <strong>the</strong>y expected.to nicely cut off from <strong>the</strong> Orange Free State all <strong>the</strong><strong>diamond</strong> <strong>fields</strong>, and give those places to <strong>the</strong>m,-insteadof proceeding acc<strong>or</strong>ding to <strong>the</strong> <strong>or</strong>der and w<strong>or</strong>dingof <strong>the</strong> alleged "agreement" on which <strong>the</strong>y seek toestablishWaterboer's right, from KheiB n<strong>or</strong>thwards to.Platberg!Even by this unauth<strong>or</strong>ized misinterpretation of <strong>the</strong>so-called ~'Treaty of 1838," <strong>the</strong>y go many miles to <strong>the</strong>east of Ramah; so that this place no longer f<strong>or</strong>ms.<strong>the</strong>ir eastern point (as <strong>the</strong> treaty asserts it was), butbecomes changed to Platberg.These clever gentlemen, m<strong>or</strong>eover, seem to f<strong>or</strong>getan old proverb, not, it is true, a very polished one, but .very aprop08 never<strong>the</strong>less; and which always expressesthat sentiment of fair play and justice to which <strong>the</strong>yseem strangers. 'rhe aph<strong>or</strong>ism runs that "What issauce f<strong>or</strong> <strong>the</strong> goose is sauce f<strong>or</strong> <strong>the</strong> gander." CondensingMessrs. Waterboer and Co. into <strong>the</strong> goose, wewill give some of <strong>the</strong> same sauce to Adam Kok as <strong>the</strong>gander. We will also deal with his treaty-definedboundary as <strong>the</strong>y dealt with Waterboer's. Instead ofgoing from "Comet Spruit," "n<strong>or</strong>thwards to MooderRiver," we will go back again to Ramah, and startafresh from <strong>the</strong>re "n<strong>or</strong>thwards to Modder River."To do this we have precisely as much right as <strong>the</strong>yhave, and what, <strong>the</strong>n, becomes of <strong>the</strong>ir fabricated linef<strong>or</strong> Waterboer, from Ramah to <strong>the</strong> Platberg on <strong>the</strong>. Vaal River, which i8 really m<strong>or</strong>e than a hundred '!nile8 froman!! ground ever ei<strong>the</strong>r Ot.Qned 01' occupied by Waterboer' 8Digitized by Goog Ie


160 WATERBOER AND CO.'S CLAIM UNTENABLE.GriqtuJ8? Wby, that line is cut off and barred at itscommencement by Adam Kok's line going "n<strong>or</strong>thwardsto Modder River," which, from <strong>the</strong> mutualstarting-point, Ramah, goes due n<strong>or</strong>th, <strong>or</strong> exactly atan angle of 40~ within <strong>the</strong> line invented f<strong>or</strong> Waterboer !because, instead of going straight on to Platberg(which bears due N .N.E., <strong>or</strong> N. 22" 30 I E. of Ramah), in<strong>or</strong>der to get still fur<strong>the</strong>r to <strong>the</strong> east, and so make sureof <strong>the</strong> <strong>diamond</strong> <strong>fields</strong> (<strong>the</strong> dry diggings lying withina very few miles of this line), <strong>the</strong>lliiterallu jollotJ} <strong>the</strong> lineof 1840 bettJ}een Adam and (JOrn6~'';WJ Kole, and deflectconsiderably to <strong>the</strong> east, so as to get to <strong>the</strong> point knownas David's Oraf, which bears N. 40° E. from Ramah!Taking Waterboer's boundary as described verbatimby <strong>the</strong> alleged treaty, from " Kheis and n<strong>or</strong>thwards toPlatberg," we can only get n<strong>or</strong>th-eastwards to what. are now generally known as <strong>the</strong> Langeberg hills, butwhich certainly have been anciently known as Platbergalso; which would give a n<strong>or</strong>th-west instead of a sou<strong>the</strong>ast,boundary,. and at <strong>the</strong> same time perfectly acc<strong>or</strong>dwith <strong>the</strong> consistent <strong>or</strong>der and method of enumerationof <strong>the</strong> boundaries in clause 5. That Langeberg hasbeen known as Platberg, and bas been mentioned assuch in describing Waterboer's boundaries, is sufficientlyproved in <strong>the</strong> evidence given by llr. W. O. Comer, atNooitgedacht, who makes <strong>the</strong> following statement:-""The line from Ganies" (ano<strong>the</strong>r name f<strong>or</strong> Koukonop Drift)­" Platberg" (evidently Laogeberg), "was <strong>the</strong> line '"tween Wattrhotrana Campbell, and that between A. Eo]; ana C. Ko];, betweenPlatberg and Ramah. I mean Platberg on tM "ir;er <strong>about</strong> five hoursfrom where we now are" (NooitgtdacTlt). A8/ar a8 I lmow, Waterboerhad no ground/rom Platbe-rg to Rama"."But a much m<strong>or</strong>e plausible and feasible <strong>the</strong><strong>or</strong>y as to'Digitized by Goog Ie


"HORTHWAlWS TO PLATBBBG." 161<strong>the</strong> real direction of this verbal line from somewhere"n<strong>or</strong>thwards to Platberg," is this :-Starting, as Waterboerand Co. choose to, from Ramah (instead of goingon from Kheis) , wewowd proceed <strong>about</strong> due N.W. andby N., <strong>or</strong> N. 33° 45 1 by W., to <strong>the</strong> most n<strong>or</strong><strong>the</strong>rly pointof <strong>the</strong> Langeberg hills-<strong>the</strong> " Platberg " of <strong>the</strong> witnessW. O. Comer-and all tAs toaU toe tfloultl go otJer ezactlUtAs line defined in Diagram8 A and D, and 80 repeaWlI!lde8cribed alreadu as that toMe" toM made in 1820, bU tAsckief, Adam Eok, between CamplJeU and Griqua Toum jthat is to .au, between C<strong>or</strong>nelius Kok and Andries Water­'/)oer.This is <strong>the</strong> oo1U way in which <strong>the</strong> term "n<strong>or</strong>thwardsto Platberg" can be reconciled with well-known andexisting facts-m<strong>or</strong>eover, as we see, it would coincideand agree with an old and indisputable boundaryline.3. The general arguments per cqntra, as a set-off tothis alleged treaty on <strong>the</strong> side of <strong>the</strong> Orange FreeState, are both numerous and f<strong>or</strong>cible. Still admittingits existence as a genuine affair, I deny that it everwent fur<strong>the</strong>r than a mere draft of a proposed arrangement.But even to admit f<strong>or</strong> a moment that it oncedid prevail, it is quite certain that whatever boundariesmay at that distant period have been decided upon havenever been in f<strong>or</strong>ce since <strong>the</strong> present Waterboer succeededhis fa<strong>the</strong>r as chief of Griqua Town, and that, infact, <strong>the</strong> treaty must have become obsolete many yearsago.It is quite possible that some such treaty may havebeen entertained, f<strong>or</strong> in 1837, <strong>the</strong> year bef<strong>or</strong>e its pro­. fessed date, it is well known that C<strong>or</strong>nelius Kokaided Abram Kok to wage war against his bro<strong>the</strong>r,HDigitized by Goog Ie


162 FA.crs IN DISPROOF OF THE "TRJU.TY."Adam Kok; with <strong>the</strong> object of deposing <strong>the</strong> latterand making Abram Chief of <strong>the</strong> Philippolis Griquas ;old Dam Kok, <strong>the</strong> bro<strong>the</strong>r of C<strong>or</strong>nelius, and fa<strong>the</strong>r ofAdam and Abram, having lately- died. Abmm andC<strong>or</strong>nelius Kok were beaten, Waterhoer supp<strong>or</strong>ted.Adam, and what m<strong>or</strong>e likely than that <strong>the</strong> two lattershould <strong>the</strong>n haw agreed upon an alliance? But we·also know,' by <strong>the</strong> testimony of Hendrik Hendriks6and o<strong>the</strong>rs who took part in those events, that C<strong>or</strong>neliusKok was after all pardoned by <strong>the</strong> vict<strong>or</strong>iousAdam, his nephew, through <strong>the</strong> " intercession" of <strong>the</strong>f<strong>or</strong>mer's "friends and councill<strong>or</strong>s;" so that he wasnot deprived of his chieftainship over Campbell, but,on <strong>the</strong> oontrary, was specially retained and confirmed<strong>the</strong>rein by <strong>the</strong> making of <strong>the</strong> line of demarcation from.Ramah to David's Graf!4. No proof whatever, not an iota of c<strong>or</strong>rob<strong>or</strong>ative-evidence as to <strong>the</strong> execution, maintenance, and fulfilmentof <strong>the</strong> alleged treaty has been adduced byWaterboer and Co., and surely something m<strong>or</strong>e than<strong>the</strong> mere w<strong>or</strong>d of that three <strong>or</strong> four-quarter caste semibarbarianis required to refute <strong>the</strong> overwhelming arrayof evidence both <strong>or</strong>al and documentary upon <strong>the</strong> o<strong>the</strong>rside, in proof of <strong>the</strong> undoubted fact that WaterboerfttWer occupied <strong>the</strong> ground in question; that he mverexercised even <strong>the</strong> slightest auth<strong>or</strong>ity <strong>or</strong> suzerainshipover C<strong>or</strong>nelius Kok and <strong>the</strong> territ<strong>or</strong>y und.er <strong>the</strong> latter' 880le rule; that nei<strong>the</strong>r Waterboer n<strong>or</strong> any of <strong>the</strong>Griqua Town Griquas ever held, occupied, <strong>or</strong> wererecognized as even residing upon any ground 'II1itha'n0fU Il.1.mdred miles of tlte houndarg point (Pla<strong>the</strong>rg on <strong>the</strong>Vaal) no'II1 claimed,' and that alwa1ls, from <strong>the</strong> day ofhis appointment, in 1815, to <strong>the</strong> period, in 1857,Digitized by Goog Ie


ILLEGALITY OF "TB.EA.TY" OF 1838 IF GENUINE. 163when he resigned his power and Government into <strong>the</strong>bands of Adam Eok, Comelius Kok was literally andactually <strong>the</strong> sole and undisputed paramount and independentChief <strong>or</strong> Captain of Campbell and its adjacentgrounds !5. Ano<strong>the</strong>r imp<strong>or</strong>tant objection to <strong>the</strong> value, legality,and genuineness of <strong>the</strong> alleged treaty is <strong>the</strong> fact thatnone of <strong>the</strong> surrounding chiefs and states were consulted.It does not appear, n<strong>or</strong> has Waterboerasserted, that such was done. The treatY really takes<strong>the</strong> f<strong>or</strong>m of a proposed nudum pactum between twonative chiefs as to <strong>the</strong>ir arrangement <strong>or</strong> definition of<strong>the</strong>ir territ<strong>or</strong>ial boundaries, in a' private and surreptitiousmanner, without sooking <strong>or</strong> obtaining <strong>the</strong> assent,countenance, <strong>or</strong> approval, without even communicating<strong>the</strong> intention, to those neighbouring powers andterrit<strong>or</strong>ial chieftains who certainly had an imprescriptibleright to be not alone advised, but to be consulted,and to have as much to say in <strong>the</strong> matter as <strong>the</strong> twoalleged cosignat<strong>or</strong>ies and contract<strong>or</strong>s <strong>the</strong>mselves. Asit is quite certain that this course was not adopted,even if genuine, <strong>the</strong> treaty was illegaL The surroundingstates and chiefs were left in complete ign<strong>or</strong>anceof a dividing and parcelling out of land which wouldvery seriously have injured and invaded <strong>the</strong>ir inalienablerights, embracing, as <strong>the</strong> agreement did, largetracts of country never belonging ei<strong>the</strong>r to Waterboer<strong>or</strong> Adam. Kok, n<strong>or</strong>, to tku day, ever occupied hy eitker !6. Even granting <strong>the</strong> boundaries mentioned in ~healleged treaty to have been really decided upon, in1838, by <strong>the</strong> two chiefs, it never gave <strong>the</strong>m m<strong>or</strong>e thana mere nominal, pseudo, self-styled right, f<strong>or</strong> it wasnever acted upon. ..K 2• Digitized by Goog Ie


164 RIGHTS OF THE FREE STATE.Indeed, so patent and irrefragable as to appear a. truiw to those who have studied and investigated <strong>the</strong>subject, is <strong>the</strong> fact that Waterboer never, and AdamKok only since 1857, when C<strong>or</strong>nelius Kok gave him<strong>the</strong> auth<strong>or</strong>ity, ei<strong>the</strong>r occupied, settled by a sing~emember of <strong>the</strong>ir Griqua subjects, <strong>or</strong> ever exercisedany jurisdiction over <strong>the</strong> greater part of <strong>the</strong> extensiveterrit<strong>or</strong>y now so fraudulently claimed by Waterboer,and so unrighteously plundered from <strong>the</strong> Orange Free.State by <strong>the</strong> Cape Colonial Government, by armed.f<strong>or</strong>ce, ostensibly in his interest!On <strong>the</strong> contrary, ever since 1840, <strong>the</strong> white settlershave been regularly and legally. acquiring landbeyond <strong>the</strong> line now seized f<strong>or</strong> Waterboer from Ramahto Platberg on <strong>the</strong> V sal River ;-ever since <strong>the</strong> establishmentof a British Resident's Court at Bloemfontein,(now capital of <strong>the</strong> Free State), in 1846, and also by <strong>the</strong>terms of Sir P. Maitland's treaty, <strong>the</strong> purchase byFree State burghers of Griqua land within that line haabeen recognized by <strong>the</strong> British Government; -eversince Sir Harry Smith's proclamation in 1848 of <strong>the</strong>Orange River Territ<strong>or</strong>y as a British Sovereignty havethose purchases of Griqua Land upon, and west, and. n<strong>or</strong>th of that line been recognized by <strong>the</strong> :BritishGovernment as perpetual leaseholds, carrying with<strong>the</strong>m from <strong>the</strong> f<strong>or</strong>mer Griqua chieftain to <strong>the</strong> Governmentof <strong>the</strong> Orange River Territ<strong>or</strong>y, <strong>or</strong> Sovereignty,territ<strong>or</strong>ial and s:>vereign rights-f<strong>or</strong> which Bntiah landcertiftcate8 were issued and are still posseased j-ever since<strong>the</strong> abandonment of <strong>the</strong> Sovereignty by <strong>the</strong> BritishGovernment in February 1854, <strong>the</strong> convention enteredinto with <strong>the</strong> people of that territ<strong>or</strong>y, and <strong>the</strong> f<strong>or</strong>mationof <strong>the</strong> Orange Free State, <strong>the</strong> new GovernmentDigitized by Goog Ie


AN ANALOGOUS CASE. 165<strong>the</strong>reof has· been responsible by express stipulations"that all previous British subjects would be securedin <strong>the</strong> possession of <strong>the</strong>ir properties," and from that.time. until <strong>the</strong> f<strong>or</strong>cible seizure of <strong>the</strong> <strong>diamond</strong> <strong>fields</strong> byBritish auth<strong>or</strong>ities such has been done ;-ever since <strong>the</strong>making of <strong>the</strong> Vetberg line in 1855 (by virtue.of purchaseof <strong>the</strong> ground from C<strong>or</strong>nelius Kok), Free Statesubjects have owned and occupied <strong>the</strong> land up to thatline, and <strong>the</strong>ir Government has exercised undisputedjurisdiction over <strong>the</strong> territ<strong>or</strong>y so defined and inhabited;- ever since <strong>the</strong> sale of all remaining "open ground"by Adam Kok, in 1861, <strong>the</strong> Government of <strong>the</strong> OrangeFree State has alone been known, has ruled withoutinterference, and its law courts have exercised.supreme,unquestioned jurisdiction up to Albania (<strong>or</strong> <strong>the</strong> Vetbergline, its boundary), and to <strong>the</strong> banks of <strong>the</strong> VaalRiver! All <strong>the</strong>se facts are undeniably proved by <strong>the</strong>evidence we have previously quoted from <strong>the</strong> officialc<strong>or</strong>respondence of <strong>the</strong> British Residents, Maj<strong>or</strong> Wardenand Mr. Green, Att<strong>or</strong>ney-General P<strong>or</strong>ter, Sir HarrySmith, Sir Ge<strong>or</strong>ge Ca<strong>the</strong>.arl, &c.7. To reason by ~ogy, if "Annexure No.5" isto hold good, so also would any unatoosted copy ofany draft agreement Waterboer might produce purp<strong>or</strong>tingto have been entered into at some equallydistant period, unknown to every o<strong>the</strong>r surroundingand interested state <strong>or</strong> government, between himselfand Adam Kok, <strong>or</strong> anyone else, including ~d dividing .between <strong>the</strong>mselves <strong>the</strong> whole of Africa, whe<strong>the</strong>roccupied. by savages, unoccupied, <strong>or</strong> held by civilizedwhite and Christian nations, providing Britishbayonets were f<strong>or</strong>thcoming to supp<strong>or</strong>t <strong>the</strong>ir vague,unjust, and amazingly preposterous claim I In fa.et,Digitized by Goog Ie


166. NEGATIVE EVIDENCE.<strong>the</strong> principle established by <strong>the</strong> enf<strong>or</strong>cemenf;.of <strong>the</strong>alleged agreement is that it is only necessary f<strong>or</strong><strong>diamond</strong>s <strong>or</strong> anything of value to be discovered anywherein <strong>South</strong> Africa, f<strong>or</strong> Great Britain to step in,and seize <strong>the</strong> territ<strong>or</strong>y, providing a puppet like Waterboercan be put up as claimant, and <strong>the</strong> actual possess<strong>or</strong>sare a comparatively weak. and non-military powerlike <strong>the</strong> Free State!That my supposition is not extravagant is clear, f<strong>or</strong><strong>the</strong> line of Ramah viti, David's Graf to Platberg, nowheld (upon <strong>the</strong> false pretence that it is f<strong>or</strong> Waterboer)by <strong>the</strong> Cape Colony armed and mounted frontierpolice f<strong>or</strong>ce cuts off no less than ONE HUNDRED ANDFORTY-THREE (143) FREE STATE FARMS! <strong>about</strong>lw.lfoftllkichterrit<strong>or</strong>y haa been f<strong>or</strong> TWENTY YEARS, part f<strong>or</strong> variouperiods, and tke remainder f<strong>or</strong> ELEVEN YEARS, to allfntenla and pUrp08e8 DE FACTO Free stats 80ill whilstof <strong>the</strong> one hundred and f<strong>or</strong>ty-three farms, THIRTY-THREEare held b!l British land certijicats8 gr~ted (mostly as renewals)during <strong>the</strong> period of <strong>the</strong> Sovereignty! •8. After all, <strong>the</strong> only s<strong>or</strong>t of evidence to be derivedfrom "Annexure No.5" is negative (a difficult thingto prove, by all accounts); as it is sought, <strong>the</strong>reby,from <strong>the</strong> absence of any mention of C<strong>or</strong>nelius Kokand his lands to imply that,' <strong>the</strong>ref<strong>or</strong>e, he was a sub<strong>or</strong>dinate,and his property and Chieftainship wereWaterboer'sl9. Once m<strong>or</strong>e, per contra, as' an effec1;ive set-Qff'ag8.instthis alleged treaty, which (if an <strong>or</strong>iginalreally be in existence at all) has been raked up ·fromsome long-f<strong>or</strong>gotten hiding-place, probably by Mr.• V"1de p: 170, Capetnwn Blue Book, f<strong>or</strong> Despatch from Preeident·Bamd, dated Bloemfontein, 9th MIJ,rcb, 1871.Digitized by Goog Ie


TREATY BETWEEN C. KOK AND J. BLOEH. 161David Amot's ingenuity, let us consider ano<strong>the</strong>rdoomnent, alao an alleged treat,;, entered into [,stwal~ Kok _ Jan Bloem, on 1M "&Ii of Aupat,1840."Copy of this treaty' has been put in evidence byPresident Brand and <strong>the</strong> Executive Government of<strong>the</strong> Orange Free 8tate-a better auth<strong>or</strong>ity, I ventureto opine, than <strong>the</strong> unsupp<strong>or</strong>ted testimony of <strong>the</strong> Ohief,Nicolas Waterboer. ,, The" 1st, 2nd, and 3rd" clauses will be sufficientf<strong>or</strong> our purpose :-"1st. We <strong>the</strong> undersigned ohiefs in council, accept ot <strong>the</strong> immigratedcolonists now amongst us on <strong>the</strong>se grounds " (<strong>South</strong> <strong>Adamantia</strong>)"aa our friends and allies •••II 2nd. We declare it is with our consent that <strong>the</strong> line (a) 1"0"IlMntJh, with a ,e"aigllt Ii,.. to tla, junction of thl Hotl4w au R '61""WI" (thl 'POt .botDn til DaWl', (}ral) "aU tllmN 0" to P:at­., ". Ii. ylltll RifJW, up along <strong>the</strong> Vaal River to <strong>the</strong> TiolnraaRiver, has been fiud, which line between our N<strong>or</strong>taem tribesahall blJ <strong>the</strong> bound&ry line t<strong>or</strong> <strong>the</strong> colonists herein alluded to. •• ,"3rd. We will acknowledge Mr. A. Oberholster as chiet andrnler over <strong>the</strong>se immigrated colonists, and will ourselves shewfJVerY respect to his Wd-comets, joint mIeN."Now <strong>the</strong>se clauses ~ve <strong>the</strong> first and only consistentand accurate definition of <strong>the</strong> line (a) from Ramah toDavid's Grat and on to Platberg (on <strong>the</strong> Vaal River),to be found in <strong>the</strong> c<strong>or</strong>respondence and evidence onei<strong>the</strong>r side. It coincides with <strong>the</strong> evidence of aD. <strong>the</strong>witnesses in favour of <strong>the</strong> Free State; it agrees exactlywith <strong>the</strong> making of <strong>the</strong> line. in <strong>the</strong> same year, 1840(see Diagram B, Chap. m, &c.), between <strong>the</strong> CaptainsAdam and C<strong>or</strong>nelius Kok; with <strong>the</strong> line as c<strong>or</strong>robo-• rtde p.lS7, Oapetown Blue Book (No.1, 1871), f<strong>or</strong>Traua1ated Copycd tbia TreMJ.Digitized by Goog Ie


168 A. TECHNICAL OBJECTION.rated by " Article 5" of <strong>the</strong> Maitland treaty in 1846;and with <strong>the</strong> treaty entered into on <strong>the</strong> 16th June,1840, between <strong>the</strong> immigrant colonists, under Mr.Oberholster, and <strong>the</strong> Griquas of Philippolis! M<strong>or</strong>eover,its genuineness is attested by <strong>the</strong> Governmentof <strong>the</strong> Orange Free State, and by "Mr. F. Rex,swom translat<strong>or</strong>," who testifies to <strong>the</strong> existence" of acopy in possession of <strong>the</strong> Chief, Adam. Kok."It is signed by:And by : (Council)"CoRNELIUS KOK, Captain.JAN BLOEK, Captain.GOT BEKUs,WILLEM KOK,GERT KOK,JOlUNNES DE Wee."10. Perhaps, after all, <strong>the</strong> most conclusive argumentagainst this concocted <strong>or</strong> resuscitated "agreement" is .a technical objection-one that would certainly bedeemed sufficient to put <strong>the</strong> suit<strong>or</strong> <strong>the</strong>reon out of court byany civilized tribunal. President Brand, both at <strong>the</strong>meeting at N ooitgedacht, and subsequently during hisc<strong>or</strong>respondence with Waterboer's British supp<strong>or</strong>ters,very justly remarks, "that <strong>the</strong> best of all documentaryevidence is <strong>the</strong> production of <strong>the</strong> <strong>or</strong>iginal." Thishe challenged Waterboer to do, and <strong>the</strong> Griqua Chief,80 far as I can ascertain, has never yet complied; failingwhich, <strong>the</strong> next best evidence would have been aswom deposition as to <strong>the</strong> existence and where<strong>about</strong>sof <strong>the</strong> <strong>or</strong>iginal document~ and <strong>the</strong> production of aproperly-attested copy, which has not been doneei<strong>the</strong>r, <strong>the</strong> copy produced purp<strong>or</strong>ting to be signed onlyby" A. Waterboer and A. Kok." Will it be believedthat, under <strong>the</strong>se circums1ances, General Hay, actingDigitized by Goog Ie


GENERAL BAY'S PABTIALITY. 169Govern<strong>or</strong> of <strong>the</strong> Cape Colony, in September, 1870, atonce accepted Waterboer's view, and upon <strong>the</strong> unsupp<strong>or</strong>tedip8e dizit of this claimant to <strong>the</strong> <strong>diamond</strong><strong>fields</strong> actually proceeded to enf<strong>or</strong>ce <strong>the</strong> terms of thatat least dubious, obscure, and ancient documentagainst <strong>the</strong> Orange Free State, although well awarethat President Brand and his Government utterly denyand repudiate <strong>the</strong> genuineness and very existence ofany such <strong>or</strong>iginal treaty ?In concluding this review of "Annexure No.5,"laid over in supp<strong>or</strong>t of Waterboer's case, I must statethat <strong>the</strong> Government of <strong>the</strong> Free State possess numerous<strong>or</strong>iginal documents of an· exactly 9Ppositenature, many of which, instead of quoting now ~ Ishall have occasion to refer to when rebutting someof <strong>the</strong> Colonial Goverment's arguments in supp<strong>or</strong>t ofWaterboer's case fur<strong>the</strong>r on.Digitized by Goog Ie


110 THE KODERN GRIQUA.CHAPTER IX.ANALYSIS OF THE DOCUlfENTARY EVIDENCE PRODUCEDBY WATERBOER, AT THE MEETING AT NOOITGEDACIl'l',IN SUPPORT OF HIS CLADI TO '.l'HE FORMER TmmrroRYOF THE LATE CORNELIUS KOK, CONTINUED :-2. On OJ!' nIE LATE A. W ATB11BOn'S S.ur<strong>or</strong>I)(OMOUS 'EPIS1'LB8BuuTBD.-3. A. W A'.l'ERBOEB'S Ra.LT TO TBJ: CoLOlfIAL BBCJBJI­TUY'S QvBaD8 .M m ms BOUJmUIBS, &0., 184i; 'WDlUI[Doot'KDT, DOUGK PBODUOBD BY N. WATEB.BOEa, PBOVlIBt'BllFBBB STAB OABB.-4. ADA)( KOK'S RBPLY, WRIOK IS OFBLlOTLY THB S.A.)(B NATURE AND Bl!'l!'EOT AS THB l!'OBKBB.-5. AF ALS"B lNnmPRBTATION ExPosBD.-6, 7, A1O> 8. WAftlUOD A1mOo.'S DoDGE TO SWELL THBm DOOUJ(BNTABY EVIDDCB BYUTTERLY IRRELEVANT )(ATTER ExPOSED.-9. MA.rOR WARDD'sREPORT !mM:t::AL TO WATBRBOn'S OASB: mBLBVANr ANDbEFFrOIEll'T NATURE OJ!' THE DOOtmENTS, ANNEXURE8 17 TO 39.-10 . .REFUTATION OF THB ALLEGED TaBATY AND SupPLBJ[BlI'TWITH M..ur<strong>or</strong>u..-ll. AImExURES 41 TO '3 SHOWN TO KAVE NOBlWUNG ON THB OAD.2. "Annezure No.6" purp<strong>or</strong>ts to be <strong>the</strong> " copy" of" E~tracts of a letter from <strong>the</strong> late Chief, Water boer,dated Griqua Town, 11th December, 1832, addressedto <strong>the</strong> Rev. Mr. Wright."Anyone acquainted with <strong>the</strong> character and proclivitiesof <strong>the</strong> modem Griqua would certainly deem thiscuriouS epistle a mere tissue of pharisaical humbug,hypocrisy of <strong>the</strong> Stiggins' school, slightly adulteratedwith sundry political notions. The late chief wasDigitized by Goog Ie


A "GOODY"'~'A'~"""l'OU.production<strong>the</strong> ht>u~~i'uthat he-aildelect in thoa,a~a111sionaries," Considered <strong>the</strong> whole power of <strong>the</strong> Griqna's Captain as a delegatedpower, to be assnmed f<strong>or</strong> <strong>the</strong> benefit of <strong>the</strong> people, and <strong>the</strong>Bp1'8ad of <strong>the</strong> Gospel in <strong>the</strong> conntry, and among <strong>the</strong> hea<strong>the</strong>nsbeyond <strong>the</strong> Griqua country."Hath! But,i'llOuld haveexcellentThe Griqua~a,~"~,~"~"~',,,,,,1~a days thind Cape smoke<strong>the</strong> hea<strong>the</strong>nelse.Although a private letter written f<strong>or</strong>t!! year8 ago canhardly be w<strong>or</strong>th a moment's consideration, still, as <strong>the</strong>Cape Town luminaries, in Ol:der to suit <strong>the</strong>ir ownoccult purposes, have chosen to countenance, and now,f<strong>or</strong> time, enf<strong>or</strong>an p


172 THE EPISTLE ANALYZED.Old Andries Waterboer wrote (and <strong>the</strong> letter seemsgenuine}-Ezertut, from 1M z,u,r."In <strong>the</strong> year 1816, C<strong>or</strong>neliusKok, <strong>the</strong> present Chief of Campbell,came to <strong>the</strong> Griqua country• • • On his arrival he W88not in possession of any fountaina<strong>or</strong> lands of his own, but_til gr.nutl (II) some agriculturalprivileges <strong>or</strong> sufferances,omg to <strong>the</strong> Chief, Adam Kok,abandoning Griqua Town andgoing to reside at Black " (<strong>the</strong>Orangs) " River."Rnn.rh tAwlQff.(II) The question is, By whomwere those " privileges granted?"We have seen that at that timeAdam. <strong>or</strong> Dam. Kok W88 <strong>the</strong> headGriqua Chief, but tbat in 1816,when' he appointed " Ewl ".Aum Eol: ttl Griqua Town, healso left C<strong>or</strong>nelius Kok (whohad been previously appointed)as Cltu! oj CllmplHlll. Water boerwas <strong>the</strong>n merely a messenger, sothat C<strong>or</strong>nelius Kok's grants· <strong>or</strong>appointments could not havecome from him.u I W88 chosen Obief in 1~20,by <strong>the</strong> people, in Adam Kok'sstead; this choice W88 recommendedby <strong>the</strong> missionaries andapproved by <strong>the</strong> direct<strong>or</strong>s of· <strong>the</strong>London Missionary Society, andreceived <strong>the</strong> sanction of <strong>the</strong>Colonial Government in 1822."u In 1824, I thought (II> it adesirable thing to bave a Chietat Campbell, to preserve <strong>or</strong>derin <strong>the</strong> country, and to pl'ODlote<strong>the</strong> interest of <strong>the</strong> missionarylabours in that district. Ithought it advisable, with <strong>the</strong>conC11lT8nce of <strong>the</strong> missionariesand <strong>the</strong> people, to recommendDam Kok, having disagreedwith <strong>the</strong> Missionaries, appointedA. Waterboer 88 success<strong>or</strong> to" K<strong>or</strong>t" Adam Kok, whom, weha.vepreviouslyseen,hefirstesta.­bliahed 88 his success<strong>or</strong>, when heleft GriquaTown. ABA. Waterboerbecame Chief only in 1820,11.8 could not have granted anythingto, <strong>or</strong> appointed C<strong>or</strong>neliaaKok in 1816!(II> No matter "hatA. Wa.terboer"thought," all <strong>the</strong>evidenoewe have adduced proves thatC<strong>or</strong>nelius Kok was, in tact,appointed by hia fa<strong>the</strong>r, old.C<strong>or</strong>nelius Kok, and hie bro<strong>the</strong>r,Dam Kok, and that <strong>the</strong> f.>1mernever had anything to do withhim. (&) M<strong>or</strong>eover, it is notDigitized by Goog Ie


POOR PROOF. 173(6) Come1ius Kok, as Obief ofCampbell, aud au applicationbeing made by me to <strong>the</strong> OolonialGovernment to sanction <strong>the</strong>appointment, <strong>the</strong> Governmentwas induced to accede to <strong>the</strong>propoea!, and since that periodhe has continued to su.stain <strong>the</strong>designation of Captaiu of Camp·beU."even asserted by A.. Water boerthat AI woW«I O. Xok, onlythat he .. recommended" him;whilst <strong>the</strong> werenceto be derivedis, that <strong>the</strong> Colonial Governmentmade <strong>the</strong> appointment. Besideswhich, not a w<strong>or</strong>d is said to <strong>the</strong>effect that C<strong>or</strong>nelius Kok wasWaterboer's sub<strong>or</strong>dinate, <strong>or</strong> underchief, <strong>or</strong> in auy way dependentupon <strong>or</strong> inferi<strong>or</strong> to him,though it is very clearly statedthat he became and remained<strong>the</strong> Captain of Camp belli3. Annezure No. 1 is an imp<strong>or</strong>tant document; f<strong>or</strong>that it is genuine <strong>the</strong>re seems no doubt. It is a letterfrom old Andries Water boer, dated Griqua Town, 29thJuly, 1845, in reply to a series of questions which had.been communicated by a despatch, dated 18th April,1845, from <strong>the</strong> Colonial Secretary (Mr. Sou<strong>the</strong>y?) atCape Town.Upon perusing this document I was not a littleastonished to perceive that instead of being of anyvalue <strong>or</strong> supp<strong>or</strong>t to <strong>the</strong> present Nicholas Waterboer'sunjust claim to <strong>the</strong> <strong>diamond</strong> <strong>fields</strong>, &c., avery CUl'8Ory examination proved it to be exactly.<strong>the</strong> reverse; so much so, indeed, as to make me believethat it can only have been put in as part of<strong>the</strong> case ei<strong>the</strong>r by mistake, <strong>or</strong> with <strong>the</strong> idea thatit would apparently swell <strong>the</strong> evidence, whilst those(<strong>the</strong> Cape Government in particular) to whom itwas to be produced would nei<strong>the</strong>r be too critical,n<strong>or</strong> personally possess. much knowledge of <strong>the</strong>subject.Digitized by Goog Ie


114 WATERBOER PROVES THE FREE STATE CASE.Paragraph 1 gives <strong>the</strong> boundaries of Griqua land, <strong>or</strong>Waterboer's territ<strong>or</strong>y :-"1. The boundaries <strong>or</strong> <strong>the</strong> territ<strong>or</strong>y over which I preside are <strong>the</strong>following: ON THE BAST, lI,tlD,.,. tM Urrit<strong>or</strong>iH 0/ tM e,,;,,/o/ PAilippol..tiM my own, IS RAlulr, distant <strong>about</strong> 90 miles from GriquaTown i on I<strong>the</strong> n<strong>or</strong>th, <strong>the</strong> line cuts between Daniel's Kuil andKoning, <strong>about</strong> 70 miles from Griqua Town i on <strong>the</strong> west Kheis is<strong>the</strong> boundary, <strong>about</strong> 100 miles from Griqua Town, aud on <strong>the</strong>sOuth my boundary runs as <strong>the</strong> n<strong>or</strong><strong>the</strong>rn boundary <strong>or</strong> <strong>the</strong> colony n--i.,., along <strong>the</strong> n<strong>or</strong>th bank <strong>or</strong> <strong>the</strong> Orange Biver."By referring to Diagram A, (and D, Chapter XIV.), itwill be seen at a glance that <strong>the</strong> boundaries defined byold Andries Waterboer are precisely <strong>the</strong> same as thosedescribed by <strong>the</strong> witnesses f<strong>or</strong> <strong>the</strong> Free State as havingbounded <strong>the</strong> late C<strong>or</strong>nelius Kok's territ<strong>or</strong>y on <strong>the</strong> west;precisely those which we have so frequently adduced&II <strong>the</strong> distinguishing lines between <strong>the</strong> territ<strong>or</strong>y ofGriqua Town and <strong>the</strong> Campbell lands; and preciselythose f<strong>or</strong> which <strong>the</strong> Orange Free State contends !Ramah is distinctly given as <strong>the</strong> eastern boundary(though, being a place, it would m<strong>or</strong>e colTOOtly havebeen mentioned as <strong>the</strong> eastern <strong>or</strong> south eastern point)between Waterboer and "<strong>the</strong> territ<strong>or</strong>ies of <strong>the</strong> Chiefof Philippolis." Thera- can be no eseape from thisconclusive fact. No fII(JfIWm 1IJMtIo",,,. i8 made ojDAVID'SGRAF; no IJUCh 1IJ()f'd fIB PUT.BEBG appear8 anUfllhere ei<strong>the</strong>rin tlls boundariea defiMiJ, <strong>or</strong> ell_here .. tlls document j yetthis is an official paper, apparently au<strong>the</strong>ntic, and ofwhich <strong>the</strong> <strong>or</strong>iginal should exist among <strong>the</strong> Cape Townarchives! How, <strong>the</strong>n, can Water boer and Co. concoct<strong>the</strong> false linefrom Ramah, vitJ David'8 (}raJ, to PlatlJerg1Why, astounding as <strong>the</strong> assertion must seem, solelyupon <strong>the</strong> auth<strong>or</strong>ity and foundation of <strong>the</strong> one sentence,Digitized by Goog Ie


CONSTITUTION OF WATlmBOlm'S CASE. 115" and n<strong>or</strong>thwards to Platberg," which occurs in <strong>the</strong>alleged " Agreement" (.A~ No.5) we reviewed in<strong>the</strong> last chapter!Instead of abiding by <strong>the</strong> terms of a seemingly undoubtedlygenuine, recognimd, and executed officialdocument, Waterboer and his allies mn back upon <strong>the</strong>most vague, ambiguous, and incomprehensible sentencein a most dubious, and certainly never'known <strong>or</strong> fulfilledireaty ! And from which, even <strong>the</strong>n, <strong>the</strong>y haveno excuse f<strong>or</strong> dragging in <strong>the</strong> midway point of David'sGrai,-that place never once being named in <strong>the</strong>document!The . latter p<strong>or</strong>tion of paragraph 1 (Annen,., No.1)if possible still m<strong>or</strong>e plainly settles <strong>the</strong> eastern boundaryof Waterboer, and confirms, beyond a doubt,· <strong>the</strong> view<strong>or</strong> <strong>the</strong><strong>or</strong>y by which I am. . guided just here-viz., thatAndries Waterboer in this document considers andrefers to <strong>the</strong> Griquas under C<strong>or</strong>nelius Kok also, whenhe mentions <strong>the</strong> Griquas of Philippolis, <strong>or</strong> those under<strong>the</strong> Chief (Dam Kok in those days) of Philippolis. Theclause I especially refer to is this:-"The nations residing against my boundaries are, Off eM MIl, eM('JrigutII of P~l;,: ON THB NOB'l'll-BA.8T, A DIDB OB KolWr.A8." .The remainder of <strong>the</strong> pa.ra.gra.ph only relates to <strong>the</strong>tribes on <strong>the</strong> " n<strong>or</strong>th, south, and west," with which weare not concemed.Now; we have already seen that Ramah is given as<strong>the</strong> eastern point <strong>or</strong> boundary of Water boer's territ<strong>or</strong>y ;that he fully recognized and admitted <strong>the</strong> old line ofdemarcation between Griqua. Town and Campbell as<strong>the</strong> continuation of that eastern boundary, and also in·cluded <strong>the</strong> Griquas of Campbell with those " of Phi·Digitized by Goog Ie


176 WATEJlBOm'S CASE DESTBOYED.lippolis," is fully proved by <strong>the</strong> statement that he wasbounded " on <strong>the</strong> n<strong>or</strong>th-east," by " a tribe of K<strong>or</strong>anas "-tJw8e K<strong>or</strong>aMl being tAe people und6r tAe oms! Barentl Ba­,.tmdle, - who were separated from Waterboer's groundsby:a boqndary line running on in continuation of <strong>the</strong>old line between Griqua Town and Campbell, but whosubsequently went under <strong>the</strong> sole government of C<strong>or</strong>neliusKok, to whom, indeed, <strong>the</strong>ir chief was alwayssub<strong>or</strong>dinate, <strong>the</strong>ir territ<strong>or</strong>y being that immediatelyadjoining <strong>the</strong> Campbell lands on <strong>the</strong> n<strong>or</strong>th.Thechiefs of Campbell and Philippolis were bro<strong>the</strong>rs;<strong>the</strong>y were <strong>the</strong> only hereditary chiefs of <strong>the</strong> Griquas,from whom Waterboer's subjects h$d. seceded; bothhad been appointed by <strong>the</strong>ir fa<strong>the</strong>r, <strong>the</strong> last supremechief, and it would have been strange, indeed, if atthat early period, bef<strong>or</strong>e any divisions <strong>or</strong> separationscould have occurred between <strong>the</strong>m (None have beenasserted, ei<strong>the</strong>r, by documentary <strong>or</strong> sw<strong>or</strong>n evidence I)Waterboer had written of <strong>the</strong>m as two distinct nations.Paragraph 2 clearly disproves <strong>the</strong> most imp<strong>or</strong>tantpoint, <strong>the</strong> entire case, in fact, as put f<strong>or</strong>th by 1hepresent Waterboer and his abett<strong>or</strong>s,-viz., <strong>the</strong> assertionthat C<strong>or</strong>nelius Kok was appointed Chief of Campbellby old Andries Waterboer, and only ruled as hisdeputy <strong>or</strong> sub<strong>or</strong>dinate I" 2. My subjects are of dift'erent tribes • • • T/ur, tlr, ''"'I' fIHr'tAl tllIf'iou trill" WM AM, tAl 'Mrg' 0/ ,,",illtmoI OtI'r tAIm /,.. fill;tAli,.,..,. .,." 0/ tM KOI'tIItIII, Wftllot tmtl KfMI; 0/ tM B",,,..,T,lI,; 0/ t'M Batltlt'OOl, 8M111elaol; tmtl of e'M BfllUtoI, KtItUuu."How is it that no mention is made ei<strong>the</strong>r of C<strong>or</strong>nelius. Kok, <strong>or</strong> <strong>the</strong> people of Campbell? Simply, of• See diagrama A and D f<strong>or</strong> <strong>the</strong> territ<strong>or</strong>J of <strong>the</strong> K<strong>or</strong>a.na Ohief, Ba·rend Ba.rendBe.Digitized by Goog Ie


FAILURE OF WATERBOER'S EVIDENCE. 111course, because Waterooer had nothing at all to dowith <strong>the</strong>m!Three clauses of paragraph 3, and last, just as efFectuallyprove that Waterboer's territ<strong>or</strong>y never extendedbeyond <strong>the</strong> lines defined by this au<strong>the</strong>ntic document,viz., those marked in Diagrams A and D, as <strong>the</strong> <strong>or</strong>iginalGriqua boundary in 1811, and <strong>the</strong> line betweenCampbell and Griqua Town of 1820, and which arealso those maintained by <strong>the</strong> Orange Free State.The first clause states:II The lands which are bllilt upon are by our laws acknowledged88 <strong>the</strong> property of <strong>the</strong> occupiers, still <strong>the</strong>y cannot sell to strangepersons without consent from myself and raad, -nei<strong>the</strong>r can 1, aschief, alienate any land to o<strong>the</strong>r persons without consent of mypeople, made known through a general meeting."Now, as C<strong>or</strong>nelius Kok and Au people always did sell<strong>the</strong>ir land to "strange persons," whilst it is an equallywell-known hist<strong>or</strong>ical fact that nei<strong>the</strong>r Waterboer n<strong>or</strong>bis subjects ever did, <strong>the</strong> complete independence of<strong>the</strong> two chiefs and tribes could not be better illustrated.The second clause gives a list of Water boer's " principal" kraa18 <strong>or</strong> villages, nine in n~ber; but Oampbellis not amongst tkem, although it was <strong>the</strong> second, if notindeed, <strong>the</strong> first of <strong>the</strong> Griqua villages, and was certainlyquite as populous and imp<strong>or</strong>tant a place asGriqua Town itself!The third clause contains <strong>the</strong> statement :-"I have to say that <strong>the</strong>re are no emigrant farmers in my territ<strong>or</strong>y,that I have made no agreement with <strong>the</strong>m, and no intercoursehas taken place between <strong>the</strong>m and my subjects."From this very positive and distinct statement it isplaced beyond question that Waterboer had nothingNDigitized by Goog Ie


1'18 OFFICIAL DPOBTS fI, WATEB.BOEB'S CLAIMS.whatever to do with that large p<strong>or</strong>tion of <strong>South</strong> Adamanti8i-f<strong>or</strong>merly'under <strong>the</strong> nominal ownership oiBushmen, of Captain Adam Kok, and Captain C<strong>or</strong>neliusKok-now so audaciously claimed by his son NicholasWa.terboer; because, at that time, 1845, <strong>the</strong>se landswere (and had been f<strong>or</strong> many years) occupied by boer,<strong>or</strong> emigrant .farmers. A reference to pp. 30 and 31,Chapter II., will effectually prove <strong>the</strong> fact by <strong>the</strong>'official rep<strong>or</strong>ts of <strong>the</strong> British Residents, Maj<strong>or</strong> WardenandAssistant-Commissa.ry-General Green; <strong>the</strong> f<strong>or</strong>merof whom states that-" n, r .. .".ijl:', eotmtry (Hew,.. eM r.IIM Jlodrlw rifJw,j toMpwMllu4 6y BODS fIItIII, ,1M" 1110 jrM/l eM B",Amlln OAuf btlntur;nWhilst <strong>the</strong> latter also asserts that <strong>the</strong> emigrantfarmers,II Uttilw .1burU, 011 .... in eM ,...,...,.". ••• tl~N IrtIIIJI 01tlDMw, to 1M wdflltlt'4 of Blotm&jonUin, HIfIIIM 1M Jloddw IIntI V •• "M<strong>or</strong>eover, <strong>the</strong> following extract from a "GovernmentNotice,"dated "Government House, CapeTown,January 29th, 1850," still fur<strong>the</strong>r proves that <strong>the</strong>country within <strong>the</strong> boundaries claimed by <strong>the</strong> OmngeFree State, and up to those marked in Diagrams Aand D, as claimed by Andries Water boer, was actuallyin <strong>the</strong> possession and occupation of emigrant farmers :-• "Some persons • • • have lately striven to spread a rep<strong>or</strong>t thaiin three years, <strong>or</strong> some o<strong>the</strong>r 1 term, till jtINIU oecupUtl1Jy migraat.ilyontl tM RUt rlfw and Kromelboog Sproit (that is to say, in <strong>the</strong>fIliMttIlJr., as contradistinguished from <strong>the</strong> illtllimtllJr. territ<strong>or</strong>y. . .)are to revert to <strong>the</strong> Griqua government <strong>or</strong> people. There is nos<strong>or</strong>t <strong>or</strong> shadow of gr&UD.d f<strong>or</strong> any such rep<strong>or</strong>t. • • • TM z.ftIlI ittpIIM ",., .".w f<strong>or</strong> 6fJW ... B.w Hlljllt, eM Q.un of Eng,.ntI, andno idea <strong>or</strong> <strong>the</strong>ir reverting to Captain Adam Kok has ever beenentertained." • • •• • Y'tde p. 82, Blue Book, "O<strong>or</strong>reapondence respecting <strong>the</strong> affairs ofu" Oape of Good Hope."-LoJv.l<strong>or</strong>&, 1871.Digitized by Goog Ie


THE "ENGINEER HOIST BY ms OWN PETARD." 111Those lands-up to <strong>the</strong> Vaal River, indeed,-:weresubsequently made over in <strong>the</strong>ir entirety, by <strong>the</strong>convention of 1854 (quoted fJerbatim at <strong>the</strong> end ofChapter ID.) to <strong>the</strong> government of <strong>the</strong> Orange FreeState.In concluding this review of Annenre No.1, insupp<strong>or</strong>t of Waterboer and Co.'s case, I cannot butexpress unbounded surprise at its production. AM Ihave accepted all and every of <strong>the</strong> statements made<strong>the</strong>rein, no one can poSBibly imagine that I have beenhypercritical, <strong>or</strong> even in <strong>the</strong> faintest degree captious;yet every clause of that document absolutely c<strong>or</strong>rob<strong>or</strong>ates<strong>the</strong> case I advocate! It seems extra<strong>or</strong>dinary ..And although, 80 far as <strong>the</strong> British a~<strong>or</strong>ities are concerned,nei<strong>the</strong>r proof n<strong>or</strong> document, of whatsoeverchameter,need excite snrprise, since <strong>the</strong>y have adopted<strong>the</strong> simple old maxim that "might makes right;" stillit is difficult to understand how Waterboer and his"ficlu AcluJw," David, can have put f<strong>or</strong>ward such apaper as evidence in <strong>the</strong>ir favour ..Altoge<strong>the</strong>r Annesure No.1 is very imp<strong>or</strong>tant, f<strong>or</strong>, to.<strong>the</strong> best of my judgment, it actually constitutes <strong>the</strong>only relevant and undou~y genuine and au<strong>the</strong>nticdocument produced on Waterboer's side.4. Annezur~ No. 8 is a copy of Captain Adam Kok'sreply to a set of questions similar to those put to Waterboerby <strong>the</strong> Colonial Secretary, and answered in <strong>the</strong>document, Annezure No.1. Beyond <strong>the</strong> first sh<strong>or</strong>tparagraph it does not contain anything ei<strong>the</strong>r imp<strong>or</strong>tant<strong>or</strong> relevant to <strong>the</strong> disputed ownership of <strong>Adamantia</strong>.But that paragraph fully confirms not only<strong>the</strong> definition of boundaries in AnnBZure 1, but also <strong>the</strong>N 2Digitized by Goog Ie


180 WATERBOER'S CLAD( REFUTED.criticisms passed <strong>the</strong>reon by <strong>the</strong> writer.follows:-It is as" 1st. The tenit<strong>or</strong>y claimed by my people i. bounded on <strong>the</strong> lI)u<strong>the</strong>nd south-west by <strong>the</strong> Orange River i Oil 1M n<strong>or</strong>'" "" n<strong>or</strong>t1Htut 6,till Molw Ili~".; on <strong>the</strong> east by <strong>the</strong> country <strong>or</strong> Lepui i ",Ill OIl tMtII"t lJy tAM oj Wtltw6ow."A reference to Diagrams A and D will at once show<strong>the</strong> coincidence between <strong>the</strong> definition of boundariesby Adam Kok and Water boer. The latter says, "On<strong>the</strong> east, between <strong>the</strong> territ<strong>or</strong>ies of <strong>the</strong> chief of Philippolis,and my own, is Ramah.""On <strong>the</strong> west," that is to say, on <strong>the</strong> o<strong>the</strong>r side of .Ramah, Adam Kok places Waterboer's Griquas; andhe fur<strong>the</strong>r gives a separate and distinct boundary-" on <strong>the</strong> n<strong>or</strong>th and n<strong>or</strong>th-east by <strong>the</strong> Modder River"-on <strong>the</strong> frontier of <strong>the</strong> ground now claimed by Waterboer'sson! Who was at <strong>the</strong> o<strong>the</strong>r side of <strong>the</strong> ModderRiver? Certainly not Waterboer, f<strong>or</strong> he was" on <strong>the</strong>west." But have we not seen that <strong>the</strong> line from Ramahto David's Graf was drawn, <strong>about</strong> <strong>the</strong> year 1840, byAdam Kok, between himself and {}<strong>or</strong>neliua Eo" 'I Have,we not also seen that this line was subsequently en­.d<strong>or</strong>sed and inserted in Sir Peregrine Maitland's treaty,in 1846, and was fur<strong>the</strong>r accepted by Sir Harry Smithand successive govern<strong>or</strong>s of <strong>the</strong> Cape Colony? Andhave we not seen that in 1855 <strong>the</strong> famous Vetberg linewas made froni <strong>the</strong> Modder River to <strong>the</strong> f<strong>or</strong>mer line, byCaptain Adam Kok, between Waterboer and {}<strong>or</strong>neliuaKok-<strong>the</strong> latter being left as sole and independentchief over <strong>the</strong> territ<strong>or</strong>y n<strong>or</strong>th of <strong>the</strong> line from Ramahto David's Graf, east of <strong>the</strong> Vetberg line, and n<strong>or</strong>th of<strong>the</strong> Hodder River, from its junction with <strong>the</strong> Vaal, toDavid~s Graf, at its confluence with <strong>the</strong> Riet River?Digitized by Goog Ie


TESTIMONY OF TDE REV. Co F. WUlUS. 181How far easterly Comelius Kok's territ<strong>or</strong>y ever extended,n<strong>or</strong>th of <strong>the</strong> Modder, it is impossible now toascertain, although he f<strong>or</strong>merly claimed a line fromRamah, on <strong>the</strong> Orange River, to Platberg, on <strong>the</strong> Vaal.M<strong>or</strong>eover, it is well known that <strong>the</strong> n<strong>or</strong><strong>the</strong>rn part ofthis territ<strong>or</strong>y-<strong>South</strong> <strong>Adamantia</strong>-was in <strong>the</strong> possessionof Bushmen, certainly from Pniel to Platberg, .0late as <strong>the</strong> year 1852. But it is equally clear thatPniel itself, <strong>or</strong> ra<strong>the</strong>r <strong>the</strong> ground which subsequentlybecame known as <strong>the</strong> Pniel Mission grounds, did in1857 belong to Comelius Kok; and that he sold <strong>the</strong>same, in that year, to <strong>the</strong> representative of <strong>the</strong> BerlinMissionary Society. Here follows an extract, extremely_apropo. to <strong>the</strong> matter, from a letter written by thatgentleman, <strong>the</strong> Rev. C. F. Wuras, to <strong>the</strong> Free StateGovernment, bearing date" Bethany, 10th January,1871" :-'"2nd.-Bef<strong>or</strong>e I bought <strong>the</strong> Pmel ground, I th<strong>or</strong>ougllly i.veeti.gated.to whom <strong>the</strong> laud beloqed. By general COD88llt of K<strong>or</strong>aaaOhiet, Jan Bloem, and aU <strong>the</strong> K<strong>or</strong>aaa tribes who lived <strong>the</strong>re, <strong>the</strong>owner W88 <strong>the</strong> Ol-iet, Comelius Kok. '1Y7uItwlJow', ...... WI not"..~ III 'lull "flU. And also <strong>the</strong>:farm8l'8, who had bought pla.oeein <strong>the</strong> above-named territ<strong>or</strong>y from C<strong>or</strong>nelia Kok, acknowledged.hbn 88 <strong>the</strong> rightful owner.u 3rd.-8ince <strong>the</strong> establishment of <strong>the</strong> Berlin lfiuiou StatioD,PInel, 26 years ago, <strong>the</strong> Chiefs, Waterboer, nei<strong>the</strong>r la<strong>the</strong>r n<strong>or</strong> BOD,have laid &Oy claim whatever to <strong>the</strong> Pniel grounds."The above extract is sufficiently plain and positiveitrequires no COJDment; yet <strong>the</strong> Pniel grounds, .with<strong>the</strong> lands purchased since 1837, from Bushman chiefs;<strong>the</strong> greater part of <strong>the</strong> alienable territ<strong>or</strong>y bought fromAdam Kok, of which transfer was confirmed by <strong>the</strong><strong>the</strong>n British auth<strong>or</strong>ities; as well as <strong>the</strong> principilp<strong>or</strong>tion of <strong>the</strong> lands sold by Adam and Comelius Kok ;Digitized by Goog Ie


all east of <strong>the</strong> Vetberg line, and n<strong>or</strong>th of <strong>the</strong> ModderlUver; are claimoo by Nicholas Water boer, ad have~ seized fo~ him, vi et cwmia, by <strong>the</strong> Cape GoTemment,who arranged ~tters 80 that tllq retain <strong>the</strong>hmd, not Waterboer, since <strong>diamond</strong>s were diseoveredl~ 9 and 10 have absolutely nothing at all todo with Waterboers case, being <strong>the</strong> treaty made in1843 between Adam Kok and Sir Ge<strong>or</strong>ge Napier, and<strong>the</strong> M~lantl keaty o£ 1846, also made with Adam.Ko~A~,." 11 and 12 a.re eqaally irrelevant, ad 88<strong>the</strong>ynever have been quoted by Waterboer's adTOcates,and certainly DeTer will be, we need not trouble aboa.tibem, <strong>the</strong> lat being page. 211 of <strong>the</strong> Blae Book,l~ KatIir Tribes," 1851, which does not concern Wa~boer; and dle 2nd being an alleged supplement to <strong>the</strong>alleged and spurious "Agreement," Annezure No.5.. Annaw, NI). 13, howeTer, having 'been referred toin <strong>the</strong> c<strong>or</strong>respondence between <strong>the</strong> Free State andColonial Governments, though reallyunimp<strong>or</strong>tant andnot relevant to Watetboer's preposterous claims, mut.be noticed..5. Anruzure No. 13 is <strong>the</strong> copy of a proclamationissued by Captain Adam Kok, dated "Ramah, <strong>the</strong>26th November, 1848":-CCWhereaa several oftha inhabitants altha district otPhilippoliaJuwe • • • ....blished <strong>the</strong>mselv98 in difFerent. p<strong>or</strong>tiOll8 of <strong>the</strong> ....". of OampbeD. aad G2iqua Town, consequently beyond <strong>the</strong> juril.­diction of <strong>the</strong> Courts of Fhilippolis, so full right and auth<strong>or</strong>ity is.h9l'eby given to Oaptain Andries Waterboar, in case any Griquasubject of Plrllippolis should make himsel£ guilty of any crime"hatner .. ,. eM ~iMt of GriIJ.u 20.."., to proeeoute _,.. -.h JlftIlOD'8 aceoDiing to tha em.tiDg law."Digitized by Goog Ie


"PADDING" OF WATEImOD'S CASE. 183The above document is given and cited .. Pnofthat Captain Adam Kok gave and acknowledged rightover Campbell and its Chief, C<strong>or</strong>nelius Kok, to. W Merboer!But any <strong>or</strong>dinary being, C9mpOl fII8fIfIiI, eansee that, whereas two distinct "diatrlcts," fts., "CampbellfIIfIl Griqua Town" are mentioned in <strong>the</strong> ~ble,yet Waterboer is just as clearly and neeinotly ~veD .power over Adam Kok's subjects, only in 6fI8 9/ tlwIB'di8trict8, viz., his own "within <strong>the</strong> juri8di.etiOB ofGriqua Town." Where, by what w<strong>or</strong>ds, is he givenpower over those in <strong>the</strong> Campbell lands underCarneliua Kok's jurisdiction?6.. A.,.,.,.e NiJ.. 14 is simply a eopyof <strong>the</strong> D'Urbantreaty of 1834, which we haTe freqllently referredto, which we have proved terminated by <strong>the</strong> death 01And.ries Waterboer, when by official papers we havepreViously quoted, tie Colonial Govermnent distinctlyrefused to renew it with <strong>the</strong> p!eBent. Waterboer,and which, m<strong>or</strong>eover, contained nothingwhatever bearing upon <strong>the</strong> present case,. except <strong>the</strong>mention of "Ramah" , as Waterboer's "eastem'boundary ;'t and that~ of course, is directly adverseto <strong>the</strong> present claims put f<strong>or</strong>ward in his name togrounds far to <strong>the</strong> eaat of Ramah!1. AtlfteZtlre No. 15 is also evidently prodJlced byWaterboer and Co. to swell <strong>the</strong> quantity of documentaryevidence <strong>the</strong>y produce, but certainly not <strong>the</strong> quality.It is actually nei<strong>the</strong>r m<strong>or</strong>e n<strong>or</strong> less than Sir H8.lTJSmith's obsolete and superseded proclamation of <strong>the</strong>Orange River Sovereignty on <strong>the</strong> am February,.1848!It was partly revoked by that Govern<strong>or</strong>'a subsequentDigitized by Goog Ie


1M OOBT1BUED IRRELEVAlICE OF WATERBOER'S CASE.proclamation- bearing date "14th March, 1849,"declaring that it and "any o<strong>the</strong>r f<strong>or</strong>mer proclamationshall be, and <strong>the</strong> same is hereby revoked acc<strong>or</strong>dingly."Nei<strong>the</strong>r in <strong>the</strong> old n<strong>or</strong> <strong>the</strong> new proclamation can anyBUch w<strong>or</strong>d as Waterboer be found. So why that~dividual produced <strong>the</strong> f<strong>or</strong>mer as evidence in favourof his fraudulent claim to <strong>the</strong> <strong>diamond</strong> <strong>fields</strong> deponentknoweth not, nei<strong>the</strong>r can he imagine, except f<strong>or</strong> <strong>the</strong>'motive as hereinbef<strong>or</strong>e stated.8. Annezurs No. 16 must be treated exactly as itspredecess<strong>or</strong>. It consists of several references to BlueBook, "Orange River C<strong>or</strong>respondence, 1851-4," <strong>the</strong>first being <strong>the</strong> regulations of Sir Harry Smith's proclamationof 14th March, 1849, above referred to; amem<strong>or</strong>andum by native chiefs, and a despatch from'Earl Grey, in all of which, literally and absolutely, notone w<strong>or</strong>d occurs concerning Water boer, <strong>or</strong> his claims,ei<strong>the</strong>r directly <strong>or</strong> indirectly!9. Aftneztlr81 17, 18, and 19 are not relevant to <strong>the</strong>case. No. 17 is a letter from Adam Kok to Maj<strong>or</strong>Warden, 21st November, 1850. Contents stating that<strong>the</strong> beacons 88 erected along <strong>the</strong> Une between Ramahand David's Graf were not in a straight line. Butwhat has this to do with Waterboer's case-he neverhaving had any concern in <strong>or</strong> connection with thatlin e. ?No. 18 is a "letter from J. Allison, Clerk to <strong>the</strong>British Residency, to Captain Waterboer, dated 17thJuly, 1850." Contents requesting a meeting on <strong>the</strong>24th July, at Kameelfontein, with <strong>the</strong> object of con-• Y'tde p. S. Blue Book, .. 0raDge River C<strong>or</strong>reapoadence, 1851-4."Digitized by Goog Ie


ANNEXURE NO. 20 CONFOUNDS ITS PRODUCER. 185suIting <strong>about</strong> grounds which require an immediatesettlement.·No. 19 is a "letter from A. Waterboer to Maj<strong>or</strong>Warden, 6th August, 1850." Contents notifyinghis regret at not having met Maj<strong>or</strong> Warden on <strong>the</strong>24th.As <strong>the</strong>se letters are only <strong>about</strong> a proposed meetingwhich never occurred, <strong>the</strong>y, of course, are nugat<strong>or</strong>y.M<strong>or</strong>eOver, from o<strong>the</strong>r evidence, especially <strong>the</strong> next.A.muzur~, No. 20, ·we find that <strong>the</strong> grounds <strong>or</strong> boundaries<strong>the</strong>rein referred to were within Albania-within <strong>the</strong>limits afterwards defined by <strong>the</strong>' Vetberg line, which<strong>the</strong> Free State does not dispute, but wishes to maintain•.A.nna;ure No. 20 is <strong>the</strong> rep<strong>or</strong>t from <strong>the</strong> BritishResident, Maj<strong>or</strong> Warden, dated " Bloemfontein,August 3rd, 1850," to <strong>the</strong> Govern<strong>or</strong> of <strong>the</strong> Cape'Colony, to which we have already several timesreferred, and had occasion to quote, in previouschapters. How Waterboer and Co. can adduce it asevidence in <strong>the</strong>ir favour is simply incomprehenlible,f<strong>or</strong> it really contains invaluable c<strong>or</strong>rob<strong>or</strong>ations to <strong>the</strong>entire claims of <strong>the</strong> Free State! From it we havequoted passages (1) proving <strong>the</strong> purchase of <strong>the</strong> " VanWijks country"-lying between <strong>the</strong> Vaal and Modderrivers:-from David Dantzer, by <strong>the</strong> /Joers-groundnow claimed by Waterboer and Co.; (2) disallowingWaterboer's claim, even to Albania, in which he statesthat nei<strong>the</strong>r Waterboer n<strong>or</strong> C<strong>or</strong>nelius Kok " canestablish much claim by right of occupation," and that"that part of <strong>the</strong> country may be viewed as wastelands;"and (3) declaring that" both Waterboer andKok are chiefs residing with <strong>the</strong>ir people lJegond tMDigitized by Goog Ie


186 EFFECl' OF THE DUlIOND DISCOVERY.Yaal River;" (4) <strong>the</strong> fact ihat C<strong>or</strong>nelius Kok was allindependent chief, and that Maj<strong>or</strong> Warden met hila,and always recognized him &8 lWlch, is most Rllyillustrated throughout this official document, whichMessrs. Waterboer and Co. haTe so foolishly iDdudedamongst evidence produc~d to prove exactly <strong>the</strong>reverse !. .As we have prenously expla.ined, <strong>the</strong> claims o£ botRWaterboer and C<strong>or</strong>nelius Kok were first admitted andmade legal, 80 far as any land sooth of <strong>the</strong> Vad waseoncent.ed, by <strong>the</strong> Govem.ment of <strong>the</strong>


AN UNWISE SOLOHON. 181deposition in favour of Water boer; but it is not a verywise production; f<strong>or</strong>, instead of applying to any partQf <strong>the</strong> ground claimed by his protege, it only concernsAlbania! Here is his own definition :-" During <strong>the</strong> whole of <strong>the</strong> time that I was at GriquaTown, Waterboer's right to <strong>the</strong> ground now in question,that enclosed between. <strong>the</strong> Vaal Kiver on <strong>the</strong> west r .Hodder Bi"Ir on tlle a<strong>or</strong>tA, <strong>the</strong> Orange River on <strong>the</strong>south, and a line drawn from Ramah to David's Grafon <strong>the</strong> east, was never to my knowledge disputed:m<strong>or</strong>e than once! "A reference to any of our diagrams will show that<strong>the</strong> land thus described constitutes Albania-DOt thatwhich is in dispufie.--uoopt, indeed, a small .trip ofground between <strong>the</strong> Vetbug liDe ud <strong>the</strong> KodderRiver, containing a p<strong>or</strong>tion of three :farms only, whereas<strong>the</strong> line from Ramah to David's Graf and Platbergdaimed. by Waterboer and Co., and seized by <strong>the</strong>Colonial Govemment, cuts off 143 Free State fi:mD& rAs Mr. Solomon's deposition has been &heady fullydiscussed in Chapter IV., we have not. any far<strong>the</strong>rrema.rb to make thtmeOD •.AtI~re No. 23 consists of a chan of <strong>the</strong> "line&om Ramah to David's Graf;" and 'We have seen that,until by <strong>the</strong> making of <strong>the</strong> Vei'berg line, which gav~him ground from it to Ramah, WaterOOer DeTer hadany interest <strong>the</strong>rein.Amuzure No. 24 is given 88 copy of a letter from."J. W. Spruit Esq., Free State Government Secretary,"dated "Bloemfontein, 14th June, 1856, to <strong>the</strong> GriquaCap~s, Adam. Kok and Andries Waterboer" (who,however, had <strong>the</strong>n been dead f<strong>or</strong> four years! ); but, asdDs letter simply points out that two and a half FreeDigitized by Goog Ie


188 )lORE llEVERSlBLE EVIDENCE.State farms are cut off from tha~ State by <strong>the</strong> newlymadeVetberg line, viz., <strong>the</strong> farms Driekops Pan, Waterbank,and Scholtzfontein,instead of supp<strong>or</strong>ting Waterboer'scase, this document, by mentioning, recognizing,and maintaining <strong>the</strong> Vetberg line, is again entirelyfavourable to <strong>the</strong> Free State claims, which are foundedpartly upon <strong>the</strong> existence of that line (which Waterboerq,nd Co. deny!), and which assert, m<strong>or</strong>eover, thatthat line bounds <strong>the</strong> State on ·<strong>the</strong> west, whilst Waterboerand Co., swearing that such a line never existed,have, by f<strong>or</strong>ce, substituted that from Ramah tJidDavid's Graf to Platberg.AMlftre No. 26 is a letter from <strong>the</strong> President of <strong>the</strong>Free State to GOVerIlOr, Sir Ge<strong>or</strong>ge Grey, upon exactly<strong>the</strong> same subject, asking f<strong>or</strong> his opinion. Thisletter we have fully noticed in Chapter IV. The aboveremarks on No. 24 equally apply to it, and to-4nne=re No. 27, <strong>the</strong> Govern<strong>or</strong>'s reply, referring to<strong>the</strong> question as "<strong>the</strong> satisfact<strong>or</strong>y settlement of <strong>the</strong>boundary lines in <strong>the</strong> Griqua territ<strong>or</strong>y," and whioh isalso fully discussod in Chapter IV.AnMnWe No. 25 purp<strong>or</strong>ts to be a copy of a letterfrom Captain Adam Kok to Waterboer, dated 8th July,1856, it is certainly not relevant <strong>or</strong> favourable to <strong>the</strong>latter's trumped-up case. The only part which has anybearing whatever upon ei<strong>the</strong>r side is <strong>the</strong> preamble :-•• With <strong>the</strong>se few lines I send you • • • aletter coming from <strong>the</strong>:President" (of <strong>the</strong> Orange Free State). "I have also got ODe of <strong>the</strong>aame contents, upon which I will not send a reply nntil I have seenyour answer. HI wi", ","ue eTu Ii,.. jlMlntw"" Ctlmpi,ll .­(}ripts Toto"."Why, here again, Messrs. Waterboer and Co. arebenighted enough to put in evidence a document whichDigitized by Goog Ie


QUALITY OF WATERBOER AND CO.'S DOCUME~TS. 189states and admits ano<strong>the</strong>r line which <strong>the</strong>y have thohardihood to deny as having ever existed IAnnexure No. 28, like nearly <strong>the</strong> whole of Messrs.'VatOl·boer and Co.'s documentarY evidence, has absolutelynothing whatsoever, nothing directly <strong>or</strong> indirect1y,to do with that chief and his case! It is merelyput in to swell <strong>the</strong> evidence. It is a despatch· from <strong>the</strong>"Duko of Newcastle, to Sir Ge<strong>or</strong>ge Clerk, datod 14thNovember, 185:1," instructing <strong>the</strong> latter as to <strong>the</strong>abandonment of <strong>the</strong> Orange River Sovereignty. Waterboer'sname is never mentioned, and not one w<strong>or</strong>d<strong>the</strong>rein concerns him, n<strong>or</strong> did he ever have anythingto do with <strong>the</strong> f<strong>or</strong>mer Orange River Sovereignty.Annezure No. 29, giv~n as a copy of a letter fromCaptain. Adam Kok to Captain N. Waterboer, datedPhilippolis, 30th August, 1858, simply contains <strong>the</strong>f<strong>or</strong>mer's advice- to <strong>the</strong> latter to pay Sir Ge<strong>or</strong>ge Grey avisit:-II Now it is my wish that you also personally oould speak to <strong>the</strong>Govern<strong>or</strong> respecting that p<strong>or</strong>tion of your country what <strong>the</strong> FreeState claims."This, like most of Water boer and Co's. documentaryevidence, is an unknown, unattested, and non-verifiedpaper. H, however, genuine, it only contains anindividual assertion that some land dispute <strong>the</strong>nexisted between ~ aterboer and <strong>the</strong> Free State; andwe have previously shown that <strong>about</strong> that time <strong>the</strong>only land disputes were caused by <strong>the</strong> gradually increasingand unfounded claims put f<strong>or</strong>th by Waterboerto ground beyond his well-known boundaries, beyondAlbania, and even n<strong>or</strong>th of <strong>the</strong> Modder River.• ride p. 87, Blue Book (No. S), "Orange River O<strong>or</strong>r_ponaea..,1851-4."Digitized by Goog Ie


190 DUPLICITY OF WAT.ERBOER Alm ms BACKERS.Anne.zure No. 30, "letter:from. President Pret<strong>or</strong>iuto Captain N. Wa.terboer, 28th April, 1862."-Con­tent&-"Inf<strong>or</strong>ming him that <strong>the</strong> Landdrost of Fauresmith had iaauodwarrants f<strong>or</strong> <strong>the</strong> apprehension of some thieves, and requesting <strong>the</strong>irextradition, and inf<strong>or</strong>ming him that he aaw clearly that it was moatdiftloult f<strong>or</strong> him to exercise his auth<strong>or</strong>ity ott 1M IOUtA ,itH 0/ 1Mrlllll Riwr, and suggesting a conference on <strong>the</strong> subject."This paper would have been too unimp<strong>or</strong>tant tonotice had it not been quoted by <strong>the</strong> British backersof Waterboer-General Hay and Govern<strong>or</strong> Sir H.Barkly-as evidence that <strong>the</strong> Free State had f<strong>or</strong>merlyadmitted. Waterboer's rights to what he now claimssouth of <strong>the</strong> Vaal! " <strong>South</strong> of <strong>the</strong> Vaal " is an indefiniteexpression, and has been wilfuDy perverted to suitsinister purposes in this case. What that letter reallyapplied to, as I am instructed by <strong>the</strong> Free StateGovernment, and as <strong>the</strong> <strong>the</strong>n not<strong>or</strong>ious existing factshist<strong>or</strong>ically prove, was to Albania. We suppose thatWaterboer assumed "auth<strong>or</strong>ity" over that groundwhich lies "south of <strong>the</strong> Vaal," although at <strong>the</strong> sametime, be it remarked, we are quite aware that hisauth<strong>or</strong>ity was merely an abstract <strong>the</strong><strong>or</strong>y, until Britishbayonets, in 1871, came ostensibly to supp<strong>or</strong>t him, but,in reality to effect <strong>the</strong> robbery of <strong>the</strong> <strong>diamond</strong> <strong>fields</strong>f<strong>or</strong> <strong>the</strong> Cape Government!Aflnezure No. 31.-Copy of a letter from <strong>the</strong> GovernmentSecretary of <strong>the</strong> Free State to Waterboer, dated25th November, 1863, notifying that a commission had.been appointed to investigate <strong>the</strong> case of violencewhich had been perpetrated on Mr. W. A. Greeff,and to try and arrive at a settlement of <strong>the</strong> linequestion.Di9i:ized by Goog Ie


191There being nothing definite 88 to <strong>the</strong> "linequestion," <strong>or</strong> any o<strong>the</strong>r; in this documeilt, it is quiteunimp<strong>or</strong>tant, and contains no point to argue pro <strong>or</strong> eM.Atuae:DUre No. 32, a letter from Govern<strong>or</strong> Wodehouse'sSecretary to David Arnot, 3rd Dec., i863;beariDg only on <strong>the</strong> proposed arbitration of his Excellency,which never came off, between Waterboer and<strong>the</strong> Free State 88 to <strong>the</strong>ir respective claims to <strong>the</strong>OamplJ'ZI law, not <strong>the</strong> territ<strong>or</strong>y south of <strong>the</strong> Vaal,which <strong>the</strong> Free State from <strong>the</strong> date of its existencehas ever held and owned up to <strong>the</strong> Vetberg line.Annezurea No. 33 and No. 34, a sketch and a letterfrom <strong>the</strong> Free State Government Secretary to DavidArnot, dated 30th November, 1863. I regret beingunable to deal with <strong>the</strong>se two annexures, as I havenot copies of <strong>the</strong> "sketch" and letter; but as <strong>the</strong>ywere supplied by <strong>the</strong> Free State Government <strong>the</strong>y musthave been in supp<strong>or</strong>t of <strong>the</strong>ir case, not Waterboer's.Annezure No. 35.-This document is a literarycnriosity,-what it is, what it means, <strong>or</strong> even whatit was intended to be <strong>about</strong>, being an impenetrablemystery. I venture to opine, however, after considerabledeliberation, investigation, and waste of time,that it· is ei<strong>the</strong>r a circular letter of condolence, of congratulation,<strong>or</strong> proposal, from old Andries Waterboer'sRaad, anent <strong>the</strong> pretended treaty <strong>or</strong> agreement,AfIfI6fJrW' No.5, of which we disposed in ourlast chapter. "It is beyond me," as <strong>the</strong> countryedit<strong>or</strong> observed of <strong>the</strong> production of a very scientificcontribut<strong>or</strong>-<strong>the</strong> philO8Opheme <strong>the</strong>reof is buriedaltoge<strong>the</strong>r too deep in <strong>the</strong> darkness of a Ta.rta.reanobscmity f<strong>or</strong> any <strong>or</strong>dinary mental vision to discover.It bears date" Griqua Town, 19th June, 1838"; COD_Digitized by Goog Ie


192 WATERBOER PROVES THE FREE-BTATE CASE!sequently, four and a half months previous to <strong>the</strong> dateof <strong>the</strong> pretended treaty, by which it is, of course,superseded. It is quite irrelevant to <strong>the</strong> case exceptin so far as <strong>the</strong> following two sentences may be supposedto concern it, viz. :A reference to " <strong>the</strong> tllJo Governments and <strong>the</strong> trDoChiefs in <strong>the</strong> Griqua land." But this subjeCt we haveexhausted by our review of Anne.nre 5, in <strong>the</strong> lastchapter.The o<strong>the</strong>r sentence pla.iIiJ.y admits <strong>the</strong> existence ofa tAird Government and a t"ird Chief in Griqualand:-... Should <strong>the</strong> unwise O<strong>or</strong>nelius Kok, <strong>or</strong> his followers, create anydis<strong>or</strong>der in <strong>the</strong> Griqua country, it will be totally at <strong>the</strong>ir riak."Annezure No. 36 is a notice alleged to have been issuedby Adam Kok, in 1862. We have already investigatedit in Chapter V. Although it denies <strong>the</strong> sale of <strong>the</strong>Campbell grounds, it fullg proveB tAat tM verg land8fIOUI wed hU Waterhoer and 00. were Bold to tlI.e Pree State." I desire to have it made known that <strong>the</strong> right soldf<strong>or</strong> my account, by Mr. Henry Harvey, to <strong>the</strong> Governmentof <strong>the</strong> Orange Free State, confines itself to <strong>the</strong>80ut" hank of <strong>the</strong> Vaal River, and in no respect appliesto territ<strong>or</strong>y n<strong>or</strong>th of <strong>the</strong> Va.al River."Annexure No. 37 and No. 38 are similar to <strong>the</strong> last.One, No. 37, is in <strong>the</strong> f<strong>or</strong>m of a letter from Adam Kokto "his Honour J. H. Brand, President of <strong>the</strong>Orange Free State;" but this letter President Branddenies ever receiving, and his unsupp<strong>or</strong>ted w<strong>or</strong>d, Itake it, is of m<strong>or</strong>e value than <strong>the</strong> combinedasseverations of all <strong>the</strong> Griquas who ever lived,­such not<strong>or</strong>ious rogues and liars are <strong>the</strong>y. AlthoughDigitized by Goog Ie


THE FREE STATE CASE ADMITTED. 193<strong>the</strong>se last three documents dispute <strong>the</strong> sale of<strong>the</strong> Campbell grounds, singularly enough <strong>the</strong>y admit<strong>the</strong> right of <strong>the</strong> Free State, by purchase, to <strong>the</strong> land"south of <strong>the</strong> Vaal," which, in reality, is alone <strong>the</strong>bone of contention; <strong>the</strong> <strong>diamond</strong> <strong>fields</strong> being situate<strong>the</strong>reon, whilst <strong>the</strong>re, alone, <strong>the</strong> British filibusters,­magistrates, police a la militaire and of <strong>or</strong>dinary type,<strong>the</strong> vast crowd of officials, both great and small,-arefirmly fixed, "non mia8ura cutem, niai 'plena cruQria,Mnulo.".A.nnezure No. 39 purp<strong>or</strong>ts to be a copy of a treatyentered into between <strong>the</strong> late A. Waterboer and <strong>the</strong>late Batlaping Kafir Chief, Mahura, on <strong>the</strong> 22nd April,1842. But as this is only an obsolete treaty (if genuine,f<strong>or</strong> it is disputed) as to <strong>the</strong> boundary between twodefunct chiefs, it does not possess any intrinsic value.There is but one point in it which can be, and has been,used as an indirect proof in favour of Waterboer'dclaims, viz.: <strong>the</strong> sentence which continues <strong>the</strong> mutualboundary line from"Between Koning and Daniel's Kuil . •. in a straight lineaway to <strong>the</strong> n<strong>or</strong>th side of Boetchap."This UltJ8 Mahura's sou<strong>the</strong>rn bound.arY, but certainlynot Waterboer's n<strong>or</strong><strong>the</strong>rn line, f<strong>or</strong> as Di&.oarams D.,&c., show, <strong>the</strong> ground of <strong>the</strong> Chief Ba.rend Barendse,extending from Boetchap to between Koning andDaniel's Kuil, possessed exactly that n<strong>or</strong><strong>the</strong>rn frontier.M<strong>or</strong>eover, in .A.nnezure No.7 we have seen that A.Waterboer himself declared that one ofII The nations residing against his' boimdaries were, tm 1M tt<strong>or</strong>lA­IIIIt, II tri6. 0/ KOf'IIIUII,"-<strong>the</strong> people of Barendse. Still, supposing <strong>the</strong> documentto be genuine, <strong>the</strong> boundary line is c<strong>or</strong>rectly,0Digitized by Goog Ie


194 "THE TRAIL OF THE SERPENT."described so far as Mahura's Kafirs are concemed,and that WM most likely <strong>the</strong> object of <strong>the</strong> treaty,Barendse and <strong>the</strong> Griquas being allies, and <strong>the</strong>irn<strong>or</strong><strong>the</strong>rn boundary line, if Joined, being also c<strong>or</strong>rectlydefined.10, Annexure No. 40 is a much m<strong>or</strong>e imp<strong>or</strong>tant paper.First of all, it bears date "Tawns, 18th April, 1864,"auhseqU6nt to <strong>the</strong> appearance upon <strong>the</strong> scene of Waterboer'sservant David, on whose evomition we have seen<strong>the</strong> whole fraudulent scheme to obtain <strong>the</strong> lands of <strong>the</strong>late C<strong>or</strong>nelius Kok began to 8Bsume both f<strong>or</strong>m and substance.Above all, it is evidently written as a reply topromptings and questiom'ngs.by Waterboer and Co..We will deal seriatim with every point it containsrelative to <strong>the</strong> case.1. The two first paragraphs of this document merelyexpress <strong>the</strong> ChiefMahura's confirmation of <strong>the</strong> boundaryline as agreed to by him and Waterboer in <strong>the</strong> allegedtreaty of 1842,-<strong>the</strong> previous Annexure.The thirdparagraph, however, would be of a most gratuitous andirrelevant character, did we not perceive that itconstitutes a reply to Mr, David Arnot's mgemouspromptings. We quote it ",n ezkmo :-Paragraph. 3, A"ruzurlJ No. 40.(4)" Ifur<strong>the</strong>rdeclare and makeknown that <strong>the</strong> late C<strong>or</strong>neliusKokwas not known, <strong>or</strong> recognized byme <strong>or</strong> a,,!! onlJ "1,, as Captain ofCampbell, as far as I know, as anindependent chief, but only asa petty Captain of <strong>the</strong> late AndriesWaterboer, and who a]80,RemM'/a tMrIlm.(a) "In oppo8ition to this ab-8Urd and sweeping assertion,we merely have to mention <strong>the</strong>evidence of <strong>the</strong> eleven witn9@898who 8w<strong>or</strong>e to Captain C<strong>or</strong>neliusKok's position as an independentChief, at <strong>the</strong> meetiog atNooitgedacht, already quoted inDigitized by Goog Ie


HAllUJU.'s EVIDENCE BEVIEWElJ. -195...in <strong>the</strong> year 1826, when <strong>the</strong>British Government consented to<strong>the</strong> appointment by <strong>the</strong> Chief,Andries Waterboer, of <strong>the</strong> saidC<strong>or</strong>nelius Kok, as under Captainof Campbell, made <strong>the</strong> sameknown to me."Chapter VII.; <strong>the</strong> rep<strong>or</strong>t of <strong>the</strong>British Resident, Maj<strong>or</strong> Warden,quoted in Chapterm._ICOn <strong>the</strong>24th ult. I met Caplllin CfWfHlimKo! anti At. RtIad • • . bat bothWaterboer and Kok (If" CAi'.!,residing with <strong>the</strong>ir people beyond<strong>the</strong> VaaJ . . . The countryclaimed by <strong>the</strong> tUHI 'lIfJllli,., is at least fifty miles in length," •.. &0.; to<strong>the</strong> whole of <strong>the</strong> evidence we have aready adduced; and to<strong>the</strong>ofticialrecognition of C<strong>or</strong>neliusKok as OhiefofCampbell, by <strong>the</strong> Govern<strong>or</strong>of <strong>the</strong> Cape, in a despatch dated" 1st May, 1848," and signed by"Richard Sou<strong>the</strong>y, Secretary." This document f<strong>or</strong>ms ..4.,.,...".,No.1. on <strong>the</strong> Free State side, and will be quoted by and by .",.­Nti ...2. The fourth paragraph of Annezure No. 40 con­tinues:-PfWagrtlpA 4, ..4.nfllZtW' No. 40.(lJ) II I declare, also, with aclear conscience, and on thataccount make known, that <strong>the</strong>late C<strong>or</strong>nelius Kok, of Campbell,never had any right, <strong>or</strong> hadany thing to say whe<strong>the</strong>r inrespect of Griqua boundary lines.and such was also <strong>the</strong> case inrespect of my under-captain inmy territ<strong>or</strong>y."(lJ) In refutation of thisequally false .statement, we needbut refer to <strong>the</strong> line betweellCampbell and Griqua Town; <strong>the</strong>line from Ramah to David'sGraf, mtuil lJItWIm ..4.da". IIntiCfWfHli.., Ko! tJlonI; and <strong>the</strong>V etberg-line fIItJtlIlJ~tWIm W 11""­/)ow anti CONUlitu Kol:; subjectsalready fully dealt with iu <strong>the</strong>sepages. We may also mention<strong>the</strong> treaty made on <strong>the</strong> 8th Aug.,1840, between" CfWfHlim K,J: and Jan Bloem, Captains," and Mr.Oberholster, leader of <strong>the</strong> emigrant farmers, which we quote in<strong>the</strong> Annexure to Chapter X ; and of which <strong>or</strong>iginal copies are knownto be in <strong>the</strong> hands of <strong>the</strong> Chief, Adam Kok, and o<strong>the</strong>r governmente.Why did Mahura "declare and make known" <strong>the</strong>assertions contained in paragraphs 3 and 4? They02Digitized by Goog Ie


196 0 lLUIURA CONTRADICTS HIMSELF.are events which never concerned him, and <strong>the</strong> onlyreason one can imagine is that he responded to suggestif}ilSl~om Mr~ David We seen iliecoincides? whilst <strong>the</strong> whole tenour of <strong>the</strong> documentis in <strong>the</strong> style of a reply to a preVIous communIcation.fdhe £ftd and suttAbt}lmdfme} :~paragraphs tiefine <strong>the</strong>ParagrapM 5 and 6, ...4.nMZtWI4Ct"The boundary lines knownin 1820 EAnd efeviffusly, beteEAen<strong>the</strong> Batlapin and Griqua territ<strong>or</strong>y,are as tollow;-fCComlnenCfitrkgfrom nmqhernpoint of Langeberg, eastinclutlhlgMa.ranlani nndN elsfontein j and to <strong>the</strong> n<strong>or</strong>thof i%oehfhap,RoEAlnfsfonteinto PlatlJwg on tM BlUtlJaf1ft oj th8 Y~ as EAurteEAEAit<strong>or</strong>inl c<strong>or</strong>ner beacon~"tVe will now quote (lwlJnttm,from ...4.nn~EAf No~ t9, tV; follfkWiDgdefinition of boundary :-2. llhe hounhEAry line 1ketween<strong>the</strong> two districts will nowbeon<strong>the</strong> n<strong>or</strong>th point of <strong>the</strong> Langebeng,anhalittle south from N akoning; andfur<strong>the</strong>r, on tge half-way lletweenJ.{a"['ffI,J))if!ni and Klihfont~e~in; zendfur<strong>the</strong>r projecting from NelsfOEAtnin,betwEAen Koning e.fidDaniel's Kuilj and from <strong>the</strong>re.&tnwrh elwrlOff.thtr> £;wo hrat ffR' .... "'ntl~fr%e ofthis paper, Mahura declares.. £;lle of czurtemit<strong>or</strong>iEAEA still are as stated inwriting, in 18}1i!"-MnF06....,re No.39,~antl thEA£; thEA~;EA " were <strong>the</strong>same as were known in "1823,whEAcz I to as wellas previous to that."hEAfr%~fr% CZf'zry U~""'Ufff'.Jcontradicts himself, f<strong>or</strong> in <strong>the</strong>allEAlled of 1 tl42 czo mEAntionwhatever is made of ei<strong>the</strong>r" llflatberg," <strong>or</strong> tlle "east, f! <strong>or</strong>anll OttlZ1EA "llank of <strong>the</strong> V a.alRiver." Platberg being thatterminnl poin8 of Wateflzoer nnd00.'8 fraudulently concocted linefrom'Ilzzmabf wd Yavill'8 Gzzaf.to Platberg," by which <strong>the</strong>y 8eekto inclucllJ th>J dizznkonll nelM in<strong>the</strong> ground <strong>the</strong>y have plunderedfrom <strong>the</strong> Fr86dmlbtthll Dnvid hrom"hted <strong>the</strong>in8ertion in ...4.nnn:twB No. 40 ofth±± " &0. atall events, <strong>the</strong> gra88 garbling


KAHURA.'S EVIDENCE SUPERSEDED. 191in a straight line away to <strong>the</strong>n<strong>or</strong>th aide of Boetohapt includingBoelof'stollteiri.."and falsification of <strong>the</strong> definitionof boundaries in <strong>the</strong> allegedtreaty of 1842 is apparent.Where, ill <strong>the</strong> opposite parallelcolumn, occurs a w<strong>or</strong>d <strong>about</strong>II Platberg "<strong>or</strong> <strong>the</strong> " Vaal" ?And nothing m<strong>or</strong>e is ·said ofboundaries ill <strong>the</strong> alleged treaty.In concluding our review of Annezure No. 40, wehave to point out <strong>the</strong> fact that its reputed auth<strong>or</strong>,Mahura, is now dead; that he was <strong>the</strong> only chiefwhose signature is put <strong>the</strong>reto; and that <strong>the</strong> documentis rendered null and void, is in fact, entirely supersededby <strong>the</strong> proclamation inserted at <strong>the</strong>· end of our1st Chapter, wherein no less than five Batlaping andBarolong chiefs, including Gasibone, <strong>the</strong> paramountchief, in August, 1810, protested against, and utterlyrepudiated, all Waterboer's acts: " We fur<strong>the</strong>r saythat <strong>the</strong> Chief Waterboer is no chief in keeping withour laws . . . and nei<strong>the</strong>r did we, n<strong>or</strong> any of us,ever at any time acknowledge him as such," &c.11. Annexure No. 41, being simply a proclamationissued by N. Waterboer, 15th October, 1862, warningall parties that sales of land in Griqua land, by Griquas<strong>or</strong> o<strong>the</strong>rs, would not be recognized, and proclaiming <strong>the</strong>boundaries of Griqua land very irregularly, requires nocomment,-it is not evidence, and it only concerns hisown lanrus, which are not in dispute.Annezure8 N08. 42, 43, 44, 45, and .46 are all veryholy and righteous missionary rep<strong>or</strong>ts, extending, withone exception, from <strong>the</strong> year 1840 to 1843. They arenot evidence; <strong>the</strong>y are merely personal, unsw<strong>or</strong>n statements;nei<strong>the</strong>r are <strong>the</strong>y political rec<strong>or</strong>ds, n<strong>or</strong> in anyDigitized by Goog Ie


L98' WATERBOER AGAIN PROVES BIS OPPONENT'S CASE.way relevant; and we must object to drag <strong>the</strong>se ferventand <strong>the</strong>ological outpourings into <strong>the</strong> caae.Annezoure8 NOB. 47, 48, and 49 are letters from Mr.Owen, British Assistant-Commissioner, bearing dateMarch, 1852, and are all written to Adam Kok, concerningsolely his dispute at that time with <strong>the</strong> OrangeRiver Sovereignty Government, <strong>about</strong> <strong>the</strong>" alienable"and "inalienable" arrangements.. Waterboer has nothing whatever to do with thisc<strong>or</strong>respondence; even if he had, Adam Kok's subsequentsale of his entire lands to <strong>the</strong> Free State, and <strong>the</strong>exodus of himself and people <strong>the</strong>refrom, would renderit nugat<strong>or</strong>y.Annezuru NOB. 60 and 51 are equally irrelevant, beingcommunications from C. W. Hutton, Landdrost ofFauresmith, to Adam Kok (July, 1854), inf<strong>or</strong>ming him.that thirty-one farms "had been sold and voluntarilyregistered in his office by Griqua subjects 1" If <strong>the</strong>seletters prove anything regarding <strong>the</strong> case, it is that<strong>the</strong> Free State legally acquired by purchase part of<strong>the</strong> very ground now falsely claimed by Waterboer,and just as falsely seized f<strong>or</strong> him by <strong>the</strong> Cape ColoniaJ.Government IAnnexure No. 52 is simply a letter to <strong>the</strong> Presidentof <strong>the</strong> Orange Free State, dated 11th November, 1857,from Captn. A. Kok, containing a proposal f<strong>or</strong> himand Waterboer to meet <strong>the</strong> President in <strong>the</strong> middle ofDecember, 1851.Annexure No. 53 (and last,' thank Heaven!) profesBesto be a "letter from W. O. Comer, Clerk to <strong>the</strong>Court of Philippolis, to N. Waterboer, 8th February,1860, requesting his and his council's presence at a•• Digitized by Goog Ie


MAJORITY OF WATERBOER'S EVIDENCE IRRELEVANT. 199trial of two Griquas charged with <strong>the</strong> crime ofmurder."What this has to do with Waterboer and Co.'s claimto Ramah, via to Platberg;jdepon*:iltnot.referredl1:!st Sectionof 01l.I' nf Waterboe,', evidem:;e,have evidently, one and all (from <strong>the</strong>ir absurdlyirrelevant nature), simply been produced to swell <strong>the</strong>said evidence, and make it appear extensive and im·p<strong>or</strong>tant. No less than 32 of <strong>the</strong> 53 Annexures are utterlyirreeelee,t W ftterboer' S clainl . whilft of <strong>the</strong> remaining;21 ,half really<strong>the</strong> oase. Mr.beenof thismaSf


200 RELATIVE VALUE OF THE DOCUMENTARY EVIDENCE.CHAPTER x.DOCUMENTARY EVIDENCE PRODUCED BY THE GOVERNKENTOF THE ORANGE FREE STATE, AT THE MEETING ATNOOITGEDACHT, IN PROOF OF THEIR RIGHT TO ADA­MANTIA.1. OPFIOrA.L RBOOGNITION OP OORNELIUS KOJ[ AS A TERRITORIALOB INDEPENDENT Ou:IEF BY THE CoLONUL GoVBB.NJONT.-2.EIGHT TITLE-DEEDS TO F A1UIS WITBIlf THE TEltlUTOBY NOW 8KIZBDAS WATBRBOER'S; TBE 8AllE JU.VIlfG BEEN ISSUED TWENTY-TWOYBAllS AGO BY TBB BBITISH GOVEB.NlONT !-8. PRooF THATADAll KOJ[ SUOOBEDED TO THE OBIBPTA.Il!I'SBIP OF OOBNELIUS.-4A.l!I'D 5. TITLE-DEEDS GIVEN BY CoRNELIUS KOJ[ Ilf THE DISPUTEDTERRITORY.-6 AND 7. FuaTHEB. PBOOF OF hAll KOE'S suo­OE8SION TOOORll'ELIUS.-S. REOEIPTS OF THE PUROJU.8B-IlONEYPAID BY THB FUE STATB FOB. PABT OF THE GROUND NOWSEIZED BY WATEIWOBB.-9. POSITIVE PROOF THAT COBlI'ELIUSKOE WAS AN INDEPENDENT OHIEF, AND THAT ADAll KOE SUC­OEEDED Hlll.-10. W ATERBOER'S CLAIIl DISPBOVEDWoans.BY HIS OWNAlthough, at <strong>the</strong> meeting at N ooitgedacht, <strong>the</strong> representativesof <strong>the</strong> Orange Free State produced a farsmaller quantity of papers as documentary evidence ;it will be seen that in quality <strong>the</strong>y altoge<strong>the</strong>r beat <strong>the</strong>iradversaries, Messrs. '\Vaterboerand Co., out of <strong>the</strong> field.Whereas not m<strong>or</strong>e than two <strong>or</strong> three of <strong>the</strong> whole53 documents brought f<strong>or</strong>ward by Waterboer were undoubtedlygenuine, <strong>or</strong> sufficiently attested to constitutelegal evi~ence, it will be seen that almost every paperDigitized by Goog Ie


A PILL FOR 1m SOUTHEY. 201to which our attention will now be given is ei<strong>the</strong>rofficial <strong>or</strong> au<strong>the</strong>nticated.Fur<strong>the</strong>rm<strong>or</strong>e, we must ;not f<strong>or</strong>get that <strong>the</strong> object of<strong>the</strong> Free State is exactly <strong>the</strong> reverse of Waterboer andCo.'s, viz., that it is to prove that C<strong>or</strong>nelius Kok was-an independent chief; that Waterboer has not any rightto <strong>the</strong> lands he claims-ei<strong>the</strong>r <strong>the</strong> Campbell grounds <strong>or</strong><strong>South</strong> <strong>Adamantia</strong>; and that to <strong>the</strong> last of <strong>the</strong>se territ<strong>or</strong>ies<strong>the</strong> right of <strong>the</strong> Free State is indefeasible-eastof <strong>the</strong> Vetberg line, <strong>or</strong> Albania-whilst to <strong>the</strong> f<strong>or</strong>merits claim is, at all ~vents, better than his.1. Annexure No. 1 is a most imp<strong>or</strong>tant State paper.Standing alone, it is quite sufficient to cover <strong>the</strong> CapeColonial Government-and especially its Secretary,Mr. Sou<strong>the</strong>y-with confusion; f<strong>or</strong> it clearly disproves,by <strong>the</strong>ir own f<strong>or</strong>mer ·deed and w<strong>or</strong>ds, <strong>the</strong> position <strong>the</strong>ynozo maintain ostensibly in supp<strong>or</strong>t of Waterboer, butin reality to retain <strong>the</strong> <strong>diamond</strong>-<strong>fields</strong> <strong>the</strong>mselves, viz.,that mendacious statement that ~he late CaptainC<strong>or</strong>nelius Kok was not an independent chief, but wasWaterboer'8 under-captain <strong>or</strong> sub<strong>or</strong>dinate.The <strong>or</strong>iginal of <strong>the</strong> following document is in <strong>the</strong>possession of <strong>the</strong> Free State Government, and in <strong>the</strong>archives of Cape Town an official copy should exist.Its au<strong>the</strong>ntic nature is, m<strong>or</strong>eover, attested hy <strong>the</strong>Free State Governinent. and by <strong>the</strong> surviving membersof <strong>the</strong> late COJ;nelius Kok's Raad, &c." (}()f)lII'1lmmt Houu, (JfIJH Town, lit May, 1848."Sir,-I have <strong>the</strong> honour, by direction of <strong>the</strong> High Commissioner,to acknowledge <strong>the</strong> receipt of your mem<strong>or</strong>ial, praying to berecognized..., II Nati", (J1a.,,, in connection with <strong>the</strong> Colo1lY; and toacquaint you that his Excellency has been pleased to accede to yourprayer, and" (P has) "given directions to Maj<strong>or</strong> Warden to have <strong>the</strong>Digitized by Goog Ie


202 RECOGNITION OF C. xox'e INDEPID'"DENCE.boa.nc1ary ot ,our Urri,.,., properly dehecl by & Laod Commiaalou,which will lOOn enter upon its duties."I have <strong>the</strong> honour to be, Sir,"Your moat obedient humble servant,., RIOlIABD Bo1JTllBY, 8,....,." Mr. CoBlll'8LIU8 ](oK, CAul of Griq1l88, Campbell Town."(A true oopy), F. X. Houn, ~v8l'DDl.ent Secretu-y."The terms and meaning of this despatch are clearand unmistakable. C<strong>or</strong>nelius Kok was officially recognisedas "a native chief," and as "Okie/ of Griquas,"not as an inferi<strong>or</strong> officer of Waterboer's; whilst, aboveall, <strong>the</strong> lands over which he ruled are described as"your territ<strong>or</strong>y," not Waterboer's. As f<strong>or</strong> <strong>the</strong> landcommission, all we know is that it recognized C<strong>or</strong>neliusKok as <strong>the</strong> rightful territ<strong>or</strong>ial chief of <strong>the</strong> land on <strong>the</strong>o<strong>the</strong>r side-<strong>or</strong> n<strong>or</strong>th-east of <strong>the</strong> line <strong>the</strong>n existingbetween himself and Adam Kok, from Ramah toDavid' B Ora/, and fur<strong>the</strong>r on toward~ Pniel; that itsanctioned purchases of farms on that land, from him,by white settlers, who <strong>the</strong>reupon received Briti8h landcertificate8, <strong>or</strong> title-deeds from <strong>the</strong> Sovereignty Government;and that it recognized him only as <strong>the</strong> inde-. pendent chief of <strong>the</strong> Campbell lands.The State paper, Annezu.re No.1, has nei<strong>the</strong>r beencancelled n<strong>or</strong> repudiated, n<strong>or</strong> has <strong>the</strong> accuracy of itsterID.d and expressions 'regarding C<strong>or</strong>nelius Kok everyet been modified. How Messrs. Sou<strong>the</strong>y and colleaguesof <strong>the</strong> late Cape Government manage tosurmount this fact,-this very obstinate fact-how <strong>the</strong>ydispose of <strong>the</strong> bull in <strong>the</strong>ir path, h<strong>or</strong>ns and all, hist<strong>or</strong>y,as yet, tells not. .Anne:lurea N08. 2 and 3, being instructions to <strong>the</strong> combinedGriqua and Free State Land Commission ofDigitized by Goog Ie


PROOF OF C. KOK'S INDEPENDENCE. 2031861, signed by President Pret<strong>or</strong>ius and <strong>the</strong> chiefAdam Kok, and referring to" All uninspected ground, both in <strong>the</strong> territ<strong>or</strong>y of Captain A.Kok and of <strong>the</strong> late C<strong>or</strong>nelius Kok,"have previously been noticed in Chapter VI. Theyare genuine and undoubted official papers; and justas incontrovertible is <strong>the</strong> fact that <strong>the</strong>y prove that both<strong>the</strong> Free State and <strong>the</strong> Griqua (Philippolis) Governmentsrecognized C<strong>or</strong>nelius Kok as a territ<strong>or</strong>ial chief.Annexure No.4, copy of <strong>the</strong> power of att<strong>or</strong>ney, byvirtue of which Mr. Henry Harvey sold, f<strong>or</strong> CaptainAdam Kok, to <strong>the</strong> Orange Free State, all grounds <strong>the</strong>nremaining to, <strong>or</strong> which might "be found to belong to<strong>the</strong> Griqua Government" of Philippolis, including, ofcourse, as <strong>the</strong> Free State rightly maintains, <strong>the</strong>Campbell grounds-all f<strong>or</strong>mer territ<strong>or</strong>y of his lateuncle, C<strong>or</strong>nelius Kok, to .hose rights and titles wehave so clearly seen that he succeeded on· that oldchiefs abdication in his favour.This document being quoted verbatim in Chapter V.,r~uires no fur<strong>the</strong>r notice here.Annexure No. 5 may be treated simply as NOB. 2 and3; it is also an agreement between President Pret<strong>or</strong>iusand Captain Adam Kok"To have <strong>the</strong> grounds of <strong>the</strong> presentterrit<strong>or</strong>y of Philippolis ..•inspected by a commieeion of four members . . • and to do <strong>the</strong>same with eM landl oj O<strong>or</strong>fUliUl Eo"."This document bears date "Philippolis, 12th June,1860. Its language is so clearly in acc<strong>or</strong>d with myargument regarding <strong>the</strong> late C<strong>or</strong>nelius Kok as t<strong>or</strong>equire no comment.Digitized by Goog Ie


204 'J'HE BRITISH GOVERNMENT PROVES THE CASE.Annezure No. 6:-" :Minutes <strong>or</strong> <strong>the</strong> proceedings <strong>or</strong> <strong>the</strong> OommissioD deputed by <strong>the</strong>Government <strong>or</strong> <strong>the</strong> Orange Free State, to enquire into <strong>the</strong> rights o[<strong>the</strong> Oampbell grounds, 1863,"containing <strong>the</strong> valuable sw<strong>or</strong>n evidence of <strong>the</strong> ProvisionalCaptain of Campbell, Dirk Kok; AbrahamKok, a surviving bro<strong>the</strong>r of <strong>the</strong> late Captain C<strong>or</strong>neliusKok; Arie Samuels, one of that deceased chief's oldestcouncill<strong>or</strong>s; and <strong>the</strong> very imp<strong>or</strong>tant testimony ofHendrik Hendrikse, Captain Adam. Kok's f<strong>or</strong>merGovernment secretary; has already been fully reviewedin Chapter VII.2. Annexure No. 7 consists of a number of highlyimp<strong>or</strong>tant land certificates of property within <strong>the</strong>false boundary line now claimed by Waterboer, butseized and occupied by <strong>the</strong> Colonial Government.These arB title-deeds ia.ued bll tho Britil" Governmentitself, all (but one) MORE TlIAN22 YEARS AGO, bllMaj<strong>or</strong> Warden, as a result of <strong>the</strong> land-commiaswn referred toin Annexure No.1! These farms, with many o<strong>the</strong>rs, weremade over to <strong>the</strong> Government of <strong>the</strong> Orange Free State,by <strong>the</strong> treaty <strong>or</strong> convention printed in extenso at <strong>the</strong>end of our 3rd chapter, from Article IV., of which wefind that, with regard to those of Her Majesty's f<strong>or</strong>mersubjects electing to remain within <strong>the</strong> new state,-cc Such persons shall be considered to be guaranteed in <strong>the</strong> possessionof <strong>the</strong>ir estates by <strong>the</strong> New Orange River Government."During <strong>the</strong> whole period of <strong>the</strong> Free States' politicalexistence (nineteen years!), <strong>the</strong>se farms havebeen to all intents and purposes part and parcel of itsterri t<strong>or</strong>y-three of <strong>the</strong>m, indeed, viz., <strong>the</strong> farmsDriekopspan, No. 234, Waterbak, No. 235, and Scholtz-Digitized by Goog Ie


FREE STATE RIGHT BY BRITISH TITLE-DEEDS. 205fimtein, No. 380, being <strong>the</strong> frontier farms over against<strong>the</strong> Vetberg line, referred to by Annezurea N08. 24, 26,and 27, of Waterboer's case, noticed in Chapter IX.,and also at greater length in Chapter IV. Never have<strong>the</strong>se farms being without <strong>the</strong> effective and actual jurisdictionof <strong>the</strong> Free State law courts; never has asolitary Griqua subject of Waterboer's been resident<strong>the</strong>reon as an occupier of land; yet now, f<strong>or</strong>sooth, in<strong>or</strong>der to steal <strong>the</strong> <strong>diamond</strong>-<strong>fields</strong>, after both f<strong>or</strong>mallyand tacitly recognizing <strong>the</strong> right and title of <strong>the</strong> FreeState during all those nineteen gear8, <strong>the</strong> . avariciousGovernment of <strong>the</strong> Cape Colony declares that territ<strong>or</strong>yto be Waterboer's, seizes it by armed f<strong>or</strong>ce, and retainsit f<strong>or</strong> <strong>the</strong>mselves!Although I have seen, in <strong>the</strong> Free State archives atBloemfontein, <strong>the</strong> <strong>or</strong>iginal deeds, and possess verhatimcopies, <strong>the</strong> numbers, dates of <strong>the</strong> certificates, andnames of <strong>the</strong> farms are quite sufficient to quote, 'riz:-U Land certificates issued by Maj<strong>or</strong> Warden :-No. 70. Dated 19th December, 1848. 'VaJaohfontein.',,'11. " " " " ,,' Kareelaagte.',,234. ,,16th Maroh, 1849. " 'Driekopspan.'·" 235. " " " " ,,' Waterbak.' •" 350. ,,24th July, 1850. ,,' De Kuilen.',,356. ,,14th August, 1850." ' Klippan.'" 380. " 1st March, 1852. ,,' Soholtzt'ontein.' •" 349. ,,24th July, 1850. ,,' Klold'ontein.' "(I)The farms marked thus (.) will be seen against <strong>the</strong>Vetberg line on Diagram C, at <strong>the</strong> end of Chapter IV.(1) .A Jvrl1er Uri 0/22 otAer I"""", ,,"1& :Brili.e1& B~ laRd~,lJIICItaU1Dit1&_ 1M liM twlD claimed by Waterboer, will b.l(fWf&(],'" 1M .AtMIeIIIWI at 1M IRIi 01 thw Chapter.Digitized by Goog Ie


206 HOW THE COLONIAL GOVERNMENT A.CTED.Although <strong>the</strong> territ<strong>or</strong>y wrested from <strong>the</strong> Orange FreeState by Me88rs. Waterboer and Co. contains no lessthan 140 Free State farms, including those above,many of which possess British Sovereignty title-deeds,and most of <strong>the</strong> o<strong>the</strong>rs <strong>or</strong>iginal "requests" (<strong>or</strong> titledeeds)from Captain Adam Kok, and Captain C<strong>or</strong>neliusKok, is it not an astonishing fact t'hat Waterboer hasnot produced even one single document <strong>or</strong> title-deed,such as <strong>the</strong>se? But <strong>the</strong>n <strong>the</strong> modUlI operandi of <strong>the</strong> fraudulentassociation is simply to deny everything, evenalthough <strong>the</strong>y never prove anything. They say, "Ah !but those farms were all sold illegally. They did notbelong to <strong>the</strong> Chiefs who <strong>or</strong>iginally sold <strong>the</strong>m. Wate:rboerwas <strong>the</strong> rightful owner."And upon this Hottentot-Mulatto's sole and unsupp<strong>or</strong>tedipse dixit to that effect, has <strong>the</strong> Colonial Govern ..ment acted. As f<strong>or</strong> Waterboer's case, absolutelynothing has been proved in its favour (and I challengecontradiction), although territ<strong>or</strong>ial rights and titles,from 11 to 32 years' undisputed possession havebeen now suddenly disputed and seized by armedf<strong>or</strong>ce!3. Annexure No.8. This document is very imp<strong>or</strong>tant,as proving that Adam Kok of Philippolis, subsequentto his succession to <strong>the</strong> Campbell lands by <strong>the</strong>resignation of C<strong>or</strong>nelius Kok in 1857, did absolutely ruleand dispose of those lands as tile territ<strong>or</strong>ial chief. It is atitle-deed (<strong>or</strong> "request," in <strong>the</strong> vernacular) given· byhim in <strong>the</strong> very territ<strong>or</strong>y now claimed by Waterboer,and seized by <strong>the</strong> Colonial Government; <strong>the</strong> <strong>or</strong>iginalis in <strong>the</strong> possession of <strong>the</strong> Free State Government;nei<strong>the</strong>r it, <strong>the</strong> sale, n<strong>or</strong> <strong>the</strong> occupation were ever bef<strong>or</strong>edisputed by Waterboer !Digitized by Goog Ie


EVIDENCE 01' C. KOlt'S INDEPENDENCE. 207We quote <strong>the</strong> document:-" A Dew requeet is granted by me, <strong>the</strong> undersigned, to AdamKok, of his farm called 'De Puts' ..'flaW in eAs district 01 Camp­Nil • ••• en", • fI8U) rllJ'l"e i, granW6y 1M to <strong>the</strong> burgher Adam Kok,of <strong>the</strong> farm called C De Puts,' as <strong>the</strong> lawful property of him andhis SUC08880rB."• " ADAK Kox, Kaptijn.""Vetberg, 16th April, 1861."This title-deed was sent to <strong>the</strong> Government secretaryof <strong>the</strong> Free State f<strong>or</strong> registration, and was also attestedby Messrs. Marais and Sluiter, of Fauresmith, in acommunication from that place, dated "26th April,1861."4. Annezure No.9. This document, being very amplyattested and au<strong>the</strong>nticated, is an invaluable piece ofevidence in proof of <strong>the</strong> Free State argument, thatC<strong>or</strong>nelius Kok was an independent chief, possessing, assuch, <strong>the</strong> right to sell and alienate lands. I t is a titledeedgranted by him.C'I, <strong>the</strong> undersigned, C<strong>or</strong>nelius Kok, Oaptaiu of Oampbell, herebyacknowledge to have well and lawfully sold to <strong>the</strong> burgher, AbrahamKok, my farm called 'Vogelfontein,' tliltrict C.mp6ell, f<strong>or</strong> <strong>the</strong>sum. of ODe hundred rix.dollare, as <strong>the</strong> lawful property of him andhis, with its adjoining lande, to wit: one hour on h<strong>or</strong>se-back,square stepping."COlUOLIUB Kox, KaptijD."Oampbell, 10th September, 1866."As witn811888, W. A. 00llN'BR, Clerk •.."PBraue GoBlIJUllf.""His + mark."Upon <strong>the</strong> "10th of February, 1864," AbrahamKok sold this farm to a "Mr. William Davis," fOJ: <strong>the</strong>sum of" three thousand five hundred rix-dollars;"besides <strong>the</strong> deed of sale, a "power to transfer" wasalso drawn up. These two documents were witnessedby "C<strong>or</strong>nelius Kok," Abraham's son, and by "PetrusDigitized by Goog Ie


208 PROOF OF C. XOIC'S TERRITOlUAL CHIEFTAINSHIP.Goejiman ; " <strong>the</strong> <strong>or</strong>iginals, as also <strong>the</strong> <strong>or</strong>iginal"request," <strong>or</strong> title-deed, being in <strong>the</strong> Free Statearchives. .Annezure No. 11, being " request" <strong>or</strong> deed of sale ofa farm in <strong>the</strong> Campbell lands, by Petrus J. Goejiman,a private individual, is quite unimp<strong>or</strong>tant and irrelevant.5 . .Annezuru NOB. 10,12, and 13. These documents,being "requests" <strong>or</strong> title-deeds <strong>or</strong>iginally issued byCaptain C<strong>or</strong>nelius Kok, in his capacity as independentterrit<strong>or</strong>ial chief of <strong>the</strong> Campbell lands, are invaluable.Not one such piece of documentary evidence can be, <strong>or</strong>ever has Peen, produced by Waterboer in proof of hisnewly alleged right <strong>or</strong> title to <strong>the</strong> lands and chieftainship!No. 10. "Request is granted by me, <strong>the</strong> undersigned, to <strong>the</strong>burgher, Adam Kok, of <strong>the</strong> farm. C Wolvelontein,' as <strong>the</strong> lawful propertyof hUn and his heirs •.•• The farm. is aituated in <strong>the</strong> tliIeriDe oJCflfnplllll."I aign my name with a cross."OolUDLIU8 Ko][, Kaptijn."Hie + mark.""Oampbell, 16th December, 1863."" As witnesaea, W. O. Ooun, Clerk.".ARm 8.uroBL8, his + mark, Councill<strong>or</strong>."No. 12. "I, <strong>the</strong> undersigned, Oomellus Kok, Oaptain of Campbell,hereby acknowledge to have well and lawfully sold to <strong>the</strong>burgher, James Oomer, f<strong>or</strong> <strong>the</strong> sum ol five hundred rix-dollare,with <strong>the</strong> adjoining lands, as follows :-From <strong>the</strong> old Kafir Kraal,above Zand drift, ••••••.. back to <strong>the</strong> firat-named beacon • • •This farm. is aituate on <strong>the</strong> n<strong>or</strong>th aide of <strong>the</strong> Vaal River, tliIlritttCtmtpW."001lNBLIU8 KoK, Kaptijn."lIia + mark."cc As witneaaea:"Hmmy RIcm.um BABTLftT."W. O. OoUD, Clerk ..cc.ARm SAlllJEL8, his + mark." CampW, 8e1 JHumHr, 1866."Digitized by Goog Ie


PRo6F OF C. KOK'S INDEPENDENCE. 209No. 13. "I, <strong>the</strong> undersigned, O<strong>or</strong>nelius Kok, Griqua Ohief ofOampbell, hereby acknowledge to have exchanged with <strong>the</strong> burghc r,W. O. O<strong>or</strong>ner, two farms, named 'Wolvepan,' and' Wildebeesthoek,'Ill;" 'Swattlaagte,' both situated between Riet and OrangeRivers, f<strong>or</strong> two farms of mine, ,itUllterl to tM n<strong>or</strong>e" 01 '''J Viled R fHrcalled • Moeziep'. • . ".e I sign my name with a croBB." As witnesses:"HENRY RICR&.lm BuTLB'rl'."AlUB SAKUELS, his + mark.U H..A.Ns DBWD, his + mark." CMttp6,U, 15tA J""UIIt"J, 1856.""OOBNBLIUS KOR, Kaptijn."His + mark.The above documents constitute such palp3.bleevidence in proof of <strong>the</strong> late C<strong>or</strong>nelius Kok's independence,and his uncontrolled disposal of <strong>the</strong> Campb211lands, &c., as to require no comment. They are salesand alienations of <strong>the</strong> national property; and <strong>the</strong><strong>or</strong>iginals arc possessed by <strong>the</strong> Free State Government.6. .Annexure No.14. This is also a most imp<strong>or</strong>tantofficial paper, as proving that <strong>the</strong> territ<strong>or</strong>y of <strong>the</strong> lateBarend Barends, <strong>the</strong> chief of <strong>the</strong> K<strong>or</strong>ana tribe, n<strong>or</strong>thof Campbell, and" on <strong>the</strong> n<strong>or</strong>th-east" of Waterboer'sterrit<strong>or</strong>y, never belonged to <strong>the</strong> latter chief; and asfur<strong>the</strong>r proving that <strong>the</strong> said territ<strong>or</strong>y, after <strong>the</strong> resignationof C<strong>or</strong>nelius Kok, devolved, with <strong>the</strong> Campbelllands, upon Captain Adam Kok, and not upon Water­boer:-" PMlippoliB."Be it known that, on <strong>the</strong> 8th' day of December, 1859, <strong>the</strong> farmcalled C Pienaarsfontein,' that was f<strong>or</strong>merly given 6!1 CtlptflinR.,.".. to <strong>the</strong> late Jan Pienaar, and" (? was) "by me, til lulu;,.,PDigitized by Goog Ie


210 PROOF OF BOUNDARY BETWEEN C. KOK AND IlAHURA.full poww, given to Piet Pienaar, and <strong>the</strong> o<strong>the</strong>r heirs of <strong>the</strong> late.Tan Pienaa.r."(The ground and boundaries of <strong>the</strong> farm are <strong>the</strong>n defiaed).(BipMl) "ADAK Kox, Captain."'Witnesses :"Lll'0A.8 VAN DBR WEBTH17IZBN."Mark -I- of JAB PmNAAR."Annexure No. 15. This document also applies to <strong>the</strong>farm. described in No. 14. It is also imp<strong>or</strong>tant as indirectlyproving <strong>the</strong> existence of a boundary linebetween <strong>the</strong> late chiefs, C<strong>or</strong>nelius Kok and Mahura,which, as we have seen, <strong>the</strong> latter, under <strong>the</strong> influenceof Waterboer and Co., denied, sh<strong>or</strong>tly bef<strong>or</strong>e his death."Nomanlland, Bwg JTijftig, .Apf'ill0tA, 1864."I, <strong>the</strong> undemigned, Piet Pienaa.r, declare this day to have lawfnllysold my farm called 'Pienaarstontein,' situated on <strong>the</strong> o<strong>the</strong>rBide of <strong>the</strong> Harts River, between <strong>the</strong> liM of Com,liu Eo!.: auKdtlra, to Mr. H. Boeving, of Philippolis, f<strong>or</strong> <strong>the</strong> sum of two hundredand fifty pounds."I, <strong>the</strong> second undemigned, H. Boeving, resident at Phillppolis,declare to have bought above mentioned place of <strong>the</strong> owner, PietPienaar, f<strong>or</strong> <strong>the</strong> above price."This done at Berg Vijftig, NomansJand, .April 1 Of", 1864." Witnesses:"Jan Jood."WILLElI: Kox.""Pmr Pnnu,AB."H. BoBVINo.The second part of Annexure No. 15, is <strong>the</strong> followingletter addressed to "<strong>the</strong> Secretary to Governmentof <strong>the</strong> Orange Free State" :" PAiliwolV, .April 18t", 1866."Sm-Acc<strong>or</strong>ding to decision of <strong>the</strong> Volbraad, dated February13th, 1865, I have <strong>the</strong> honour to send you-Digitized by Goog Ie


J..'REE STATE SOVEREIG~'fY RECOG~IZED. 211" 1 at :-Request of Adam Kok" (.Annu:vr, No. 14.) "of <strong>the</strong>1'ann • Pienaarsfontein, situated in <strong>the</strong> Campbell grounds, of <strong>the</strong>1:Ith December, 1859." 2nd :-Deed of sale of <strong>the</strong> farm of Piet Pienaar, to H. Boeving,dated April 10th, 1864.II My client, Mr. Heinrich Boeving, claims <strong>the</strong> farm acc<strong>or</strong>ding todeed of sale."Yours, &c.,C. J. VBLS, Att<strong>or</strong>ney f<strong>or</strong> H. Boeving."This letter means that <strong>the</strong> above documents, .I..Y08.14 and 15, came into <strong>the</strong> hands of <strong>the</strong> Free StateGovemment after its purchase of <strong>the</strong> Campbell lands,&c. (on <strong>the</strong> 26th December, 1861), when, at a subsequentperiod, in 1865, it called upon all holders ofproperty <strong>the</strong>rein to submit title of <strong>the</strong>ir rights andpossessions.Annexure No. 16. This being <strong>the</strong> deed of sale, byMr. H. Harvey, as Captain Adam Kok's agent, of<strong>the</strong> whole of <strong>the</strong> remaining" open lands" of that chief,as well as of <strong>the</strong> late C<strong>or</strong>nelius Kok, does not require tobe noticed here, having already been quoted in eztenBo,and fully reviewed, in Chapter V. It is very imp<strong>or</strong>tantindeed, as :proving that not only was "all <strong>the</strong> rightand title to <strong>the</strong> Griqua land f<strong>or</strong>merly possessed byAdam Kok and his people," sold to <strong>the</strong> Government of<strong>the</strong> Orange Free State, on <strong>the</strong> 26th December, 1861,but " liketllUJe that of tke late {}omeliUB Kok."Annexure8 N08. 17 and 18 are not imp<strong>or</strong>tant (beingproclamations issued by <strong>the</strong> Government of <strong>the</strong> FreeState), except so far as <strong>the</strong>y prove that on thosedates-respectively 2nd July, 1862, and 8th October,1862-<strong>the</strong> Government had, and published, precisely<strong>the</strong> rights, titles, and claims which are now disputedp 2Digitized by Goog Ie


212 THE VETBERG LINE.by fraud, and overthrown by brute f<strong>or</strong>ce. ~to. 18 hasalso been noticed in Chapter V.Annexure ~,ro. 19 is, perhaps, <strong>the</strong> most imp<strong>or</strong>tant of all<strong>the</strong> docum~nta.ry evidence produced. It is <strong>the</strong> famous.Vetberg Treaty, <strong>or</strong> definition of <strong>the</strong> "Vetberg line j"which is fully discussed in Chapter IV. j and to whichwe have seen by <strong>the</strong> most irrefutable and ample testimony,<strong>the</strong> Griqua captains, <strong>or</strong> chiefs, Adam Kok,Comelius Kok, Jan Bloem, and WaterlJoer, both collectivelyand individually, and in conjunction with <strong>the</strong>irrespectiveraads <strong>or</strong> councill<strong>or</strong>s, gave <strong>the</strong>ir unqualifiedapproval and consent, at Vetberg,on <strong>the</strong>" 10th October,1855; though'Vaterboer now, to attain his object in<strong>the</strong> fraudulent and successful conspiracy to obtain <strong>the</strong><strong>diamond</strong> <strong>fields</strong>, denies all knowledge <strong>the</strong>reof! I wouldmost particularly urge upon my readers <strong>the</strong> indisputablefact that, if <strong>the</strong> real existence of t.he VetbergTreat.y <strong>or</strong> line be once proved, <strong>the</strong> entire claim ofWaterboer and Co. falls to <strong>the</strong> ground.7. Annexure8 N08. 20 and 21 also constitute V'eryvaluable evidence in proof of <strong>the</strong> Free State case;indeed, if <strong>the</strong>y are au<strong>the</strong>ntic, <strong>the</strong> adverse case is disposedof; and <strong>the</strong>y are swom to and attested by manypersons (nearly all those who appeared as witnesses atNooitgedacht), some of whom are <strong>the</strong> (surviving) individualsmentioned in <strong>the</strong> documents!~to. 20 is an <strong>or</strong>iginal certificate granted by AdamKok, at <strong>the</strong> futile meeting held between hinl and Waterboerin 1861, at Vetberg, when an exchange of part of<strong>the</strong> Campbell lands f<strong>or</strong> part of Albania was <strong>the</strong> subjectof discussion, and which certificate, as we have seen(Chapter V.), was nei<strong>the</strong>r challenged n<strong>or</strong> disputed lJUWafe1·boer at <strong>the</strong> time, n<strong>or</strong>, indeed, ever after-exceptDigitized by Goog Ie


PIWO}' OJ!' A. KOK'S SUCCESSION TO C. KOK. 213'Since his present preposterous claim-when, in ageneral MOrt of way, he, of course, indirectly deniesall <strong>the</strong> Free State evidence:" This is to certify, that Jan aud Hendrik Bel. rtlett receive fullright through me, <strong>the</strong> undersigned, to dispose of all llis rights toground over <strong>the</strong> Vaal River, di.tri"l Camp6IJI', to whosoever hechOOS88.u YltHrg, 16tA April, 1861."ADAM KOK, Captain.In our investigation (Chapter VII.) of <strong>the</strong> <strong>or</strong>al-evidence brought f<strong>or</strong>ward at Nooitgedacht, we havesoon that, amonsgt o<strong>the</strong>rs, Mr. W. O. C<strong>or</strong>ner, tkeactual writer of this vcrlJ document, sw<strong>or</strong>e to <strong>the</strong> facts ofits existence INo. 21 is a renewed title-deed grantcd by AdamKok, as success<strong>or</strong> of his uncle, C<strong>or</strong>nelius, in <strong>the</strong> Campbellgrounds Waterboer pretends were always his I"I, <strong>the</strong> undersigned. do hereby grant a new request to <strong>the</strong>burgher. Aria Samuels, of <strong>the</strong> farm called 'Koopmans,' wMc! Will/tmfur'l!lgicm by Captain C<strong>or</strong>neliw Eok, of Campb'l', which requesthas been lost <strong>or</strong> mislaid, and which request was gran,ted in 1865;<strong>the</strong>ref<strong>or</strong>e a new request is granted to <strong>the</strong> burgher, Arie Samuels, of<strong>the</strong> farm called 'Koopmans.' with its adjoining lands, as f<strong>or</strong>merlygranted, as his lawful property."AnAl[ KOK, Captain." Campbell, 6th April, 1861."These documents require no commcnt. The onusprohandi, we all know, 'rests on <strong>the</strong> Ferson makinga charge; let Waterboer and Co. refute <strong>the</strong> aboveAnnexures if <strong>the</strong>y can!8. Annexure No. 22 consists of receipts, ISIgned byMr. H. Harvey, of <strong>the</strong> purchase money of <strong>the</strong> f<strong>or</strong>merDigitized by Goog Ie


214 FIGURES PROVE THE FREE STATE RIGHTS.lands of <strong>the</strong> late C<strong>or</strong>nelius Kok, and all <strong>the</strong> remainingterrit<strong>or</strong>yof <strong>the</strong> Chief Adam Kok, paid over to him as<strong>the</strong> latter's agent, by <strong>the</strong> Government of <strong>the</strong> OrangeFree State, in acc<strong>or</strong>dance with <strong>the</strong> terms of <strong>the</strong> deedof sale entered into on <strong>the</strong> 26th December, 1861,quoted at length in Chapter V.From page 5 of <strong>the</strong> "Minutes of ·<strong>the</strong> Meeting atNooitgedacht," I take <strong>the</strong> following list of <strong>the</strong> dates.and amounts of <strong>the</strong> receipts in question:" £1,020 0 0 •• 22nd April, 1862.650 0 0 •• 20th Feb. 1863.2,218 7 1 •• 20th June, 1867.647 10 9 •• 19th March, 1863.410 10 9 •• 20th August "300 0 0 •• 20th May "These figures speak louder than w<strong>or</strong>ds. No onodeniesthat <strong>the</strong> money was paid by <strong>the</strong> Free State, andduly received by Adam Kok. As we have previouslyfully shown both in Chapters V. and VII., no oneat <strong>the</strong> time, n<strong>or</strong> f<strong>or</strong> long after, denied <strong>the</strong> undoubtedfact that <strong>the</strong> lands of <strong>the</strong> la.te C<strong>or</strong>nelius Kok were includedamongst those sold, although <strong>the</strong> matter wasfully set f<strong>or</strong>th in <strong>the</strong> deed of sale. No one, m<strong>or</strong>eo,-er,can deny that it must have been a very large tract ofcountry indeed f<strong>or</strong> that price to have beon paid f<strong>or</strong> it, as,in those days, waste 01' unimproved lands were merelyof a nominal value in that part of <strong>the</strong> w<strong>or</strong>ld; and astke whole of tke Oampbell landa, with nearlu all <strong>South</strong><strong>Adamantia</strong> (wMck included tke remaininu " open" GOt.·crnmentlands of Adam Kok), have now been wrested from<strong>the</strong> Free State by <strong>the</strong> Colonial Government, it is clearthat <strong>the</strong> greater part of <strong>the</strong> terri t<strong>or</strong>y legally purchasedby that State is in <strong>the</strong> hands of <strong>the</strong> filibusters. The:Digitized by Goog Ie


DUPLICITY OF BRITISH OFFICIALS. 2'15country thus robbed is over 5,000 square miles inextent! The fact that previous to this unmitigatedrobbery, pretended to be in his interest, <strong>the</strong> semibarbarianWaterboer and his two <strong>or</strong> three hundreddissolute followers, alreaau kela in tkeir poB8688ion acountry eztending to over 6,000 8lJ111M'e miles, has, ofCOU1'Se, been carefully concealed by <strong>the</strong> Colonial Governmentand Govern<strong>or</strong>s! Quite as cautiously have<strong>the</strong>y ign<strong>or</strong>ed, and remained purposely oblivious to, <strong>the</strong>fact that, during 60 year8 of occupation, Waterboer'sGriquas have utterly neglected to improve <strong>or</strong> utilize<strong>the</strong>ir extensive territ<strong>or</strong>y-m<strong>or</strong>e tlvln 30 'quare milu oJground per male adult of tke tolwle population IKnowing <strong>the</strong>se facts, how mean, how false, howutterly unjustmable must any honest man deem <strong>the</strong>professed motives of <strong>the</strong> Colonial Government, and <strong>the</strong>outrageous acts founded <strong>the</strong>reon -<strong>the</strong> bitterly hostiletreatment to which <strong>the</strong>y have subjected <strong>the</strong>ir friendlyneighbours of <strong>the</strong> Orange Free State ?9. Annezure No. 23. This document is one of <strong>the</strong>most imp<strong>or</strong>tant produced by <strong>the</strong> Free State. It conclusivelyestablishes <strong>the</strong> facts 1st, that C<strong>or</strong>nelius Kokdid rule aB an intJepsndent cnief; 2nd, tllo,t Adam Kok did'inlwrit and 81ICceea to all Ail territ<strong>or</strong>ial po8868BionB. Itconsists of <strong>the</strong> very best of written <strong>or</strong> documentaryevidence, i.e., <strong>the</strong> <strong>or</strong>iginal instrument; attested, m<strong>or</strong>eover,by all <strong>the</strong> witnesses (who are all living, andtwo of whom gave <strong>the</strong>ir evidence at Nooitgeda.cht)produced by <strong>the</strong> individual (W. O. C<strong>or</strong>ner) f<strong>or</strong> whomit was <strong>or</strong>iginally drawn up; and not, indeed, deniedby anyone of <strong>the</strong> persons concerned <strong>the</strong>rein. Wequote it verhatim.Digitized by Goog Ie


216 PROOF OF C. KOK'S INDEPENDENT CHIEFTAINSHIP.POWER OF ATTO:&~Y.CC I, <strong>the</strong> undersigned, C<strong>or</strong>nelius Kok, Griqua Ohlef, residing atOampbell, hereby nominate and appoint Mr. William OgilvieO<strong>or</strong>ner, residing at Philippolis, as my lawful agent and att<strong>or</strong>ney,with <strong>the</strong> power to write in my name to <strong>the</strong> Orange Free StateGovernment, respecting certain of my grOIl"llM which are occupied by<strong>the</strong> burghers of <strong>the</strong> Orange Free State, and which hav~ never beensold <strong>or</strong> let by any of mylnwglwl; and I fur<strong>the</strong>r give him <strong>the</strong> powerto fix beacons, acc<strong>or</strong>ding to my instructions, of any grounds whichhave been sold by me <strong>or</strong> anyof my iJurgMrl; and I also give him<strong>the</strong> power of substitution as. my agent, in my name, place, andstead, to appear bef<strong>or</strong>e any of <strong>the</strong> Orange Free State Courts, antit Mr' til my (lCt and tlHtl to ,,!IIk, and gi,,' trauf". of fM'fJII, and thus tocarry out what may be required in respect of such, with promise ofapproval. And I fur<strong>the</strong>r a uth<strong>or</strong>ize my agent to sell any of myground, and to give such purchase rights in my name to such purchasers,and also any purchase rights, <strong>or</strong> to gi", ffWflll out to a,.y (If my6urglwl; and everything that he ehall do as my agent will beapproved of by me, <strong>the</strong> undersigned, Chitf of Camp6,1l." Given under my hand, at Oampbell, on <strong>the</strong> 8th day of <strong>the</strong>month. July, 1856.Ie As witnesses :Ie HENRY BARTLETT •.. JAN GOElDCAN.""OORNELIUS KOK, Oaptain."His + mark.The above document having been proved to havebeen acted upon, and its terms and due executionnever having been protested against, n<strong>or</strong>, indeed,objected to, by Waterboer, ei<strong>the</strong>r at <strong>the</strong> time, <strong>or</strong> until1870-jijteen gears suhsequentlg I-and <strong>the</strong>n only indirectlyby <strong>the</strong> general nature of his claim to <strong>Adamantia</strong>,we have every right to take <strong>the</strong> paper (especially <strong>the</strong>passages in italics) as absolute proof of <strong>the</strong> late CaptainC<strong>or</strong>nelius Kok's entire independence as <strong>the</strong> soleand supreme Chief of Campbell.Digitized by Goog Ie


PROOF OF A. KOK'S SUCCESSION TO C. KOK'S TERRITORY. 217This document is end<strong>or</strong>sed upon <strong>the</strong> o<strong>the</strong>r side :-"I, <strong>the</strong> uudersigned, Adam Kok, 14wJul ,ucceJl<strong>or</strong>._ euc"t<strong>or</strong> oj'MIaU OOTfUliUl Eok, Chief of Campbell, hereby declare to nominateand appoint, by virtue of <strong>the</strong> aC<strong>or</strong>ewritten Power of Att<strong>or</strong>ney of<strong>the</strong> late C<strong>or</strong>nelius Kok, Mr. William Ogilvie C<strong>or</strong>ner, of Philippolis.U AnAl( KOK, Captain.cc Thus done at Philippolis, this, <strong>the</strong> 14th day of <strong>the</strong> monthJune, 18b9." As witnesses:"W. J. CROSSLEY,"JAllBS CoOBR."This undisputed end<strong>or</strong>sement proves what is anot<strong>or</strong>ious matter of hist<strong>or</strong>y in <strong>the</strong> neighbourhood, viz.,<strong>the</strong> facts (1) that C<strong>or</strong>nelius Kok ditJ, bequeath all hislands-<strong>the</strong> Campbell grounds, and certain territ<strong>or</strong>y on<strong>the</strong> south bank of <strong>the</strong> Vaal-to Captain Adam Kok;(2) that <strong>the</strong> latter did by law, and in fact, accept <strong>the</strong>same, exercise undivided chieftainship over <strong>the</strong>m, andretain 'Undisputed possession, until he and his peoplesold off' everything <strong>the</strong>y possessed in land to <strong>the</strong> FreeState, and migrated from that part of <strong>the</strong> country; (3)and that Waterboer did not succeed to, n<strong>or</strong> at any timepossess, any p<strong>or</strong>tion of <strong>the</strong> said territ<strong>or</strong>y, n<strong>or</strong> everdispute <strong>the</strong> right and title of Adam Kok, until 8ub-8~quen t to tl,at Ohief' 8 departure.A nneXU1'e J.Yo. 24. This document is unimp<strong>or</strong>tant,being an old power of att<strong>or</strong>ney granted by <strong>the</strong> ChiefAdam Kok to Mr. Harvey, but superseded by thatof later date, 15th August, 1861, Annexure No.4,quoted in extenso in our fifth chapter.10. Annexure No. 25, and last, is a document of <strong>the</strong>greatest imp<strong>or</strong>tance. It convicts Watcrboer of fraudand falsehood in his present claim to <strong>the</strong> <strong>diamond</strong><strong>fields</strong> and <strong>the</strong> Campbell lands, out of his own mouth,Digitized by Goog Ie


218 WA.TERBOER'S CLAIM: PROVED FRAUDULENT.by his own w<strong>or</strong>ds, written long ago, a full decadebef<strong>or</strong>e <strong>the</strong> existence of <strong>the</strong> precious stones ever cameto be suspected.It is a letter written by him. to a well-knownresident of <strong>the</strong> Free State, in reply to <strong>the</strong> latteisprevious applications to him. f<strong>or</strong> a farm. in <strong>the</strong> Campbelllands :-" To Mr. A. W. GUJlll'F, at Oam pbell."Vaal Biver, 6th October, 1859.U GooD FBImm,-Inaamuch 88 I have received two observations(applications ?) from you, regarding & £arm of mine, .. tutMf.ft til. tltrJw" oj O.ntpHu, which farm you desire to obtain from. me,f<strong>or</strong> your Wl8, aoo<strong>or</strong>ding to your statement, <strong>the</strong> undersigned heretowill be (is ?) utterly unable to give you a eatief'act<strong>or</strong>y anawer,because <strong>the</strong> said farm _ flOe 1J8long to my twnt<strong>or</strong>y, MIl it tJOfU'f'U"U,tDitAout eM limit. 0/ m, Urrit<strong>or</strong>iM jflf'ildiotion: thus putting it out ofmy power to send you an exact (a eatiefaot<strong>or</strong>y?) answer to yourrequest." Whenever suoh applioations are made to me within <strong>the</strong> limitsof my jurisdiction, I should be prepared to return an answer conf<strong>or</strong>mablewith my principles, 88 to <strong>the</strong> practibility <strong>or</strong> impractibility.U A true translation;" WILLLU( OOLLmS," I have <strong>the</strong> honour to be, Sir,(Signed)U Your friend," N. W ATBJlBOBB, Oaptain." Swom Tranelat<strong>or</strong> to <strong>the</strong> Oolonial Government andSupreme Court, Oape Colony, of 1840."The <strong>or</strong>iginal letter has been produced and sw<strong>or</strong>n toby Mr. Greeff, and is now in <strong>the</strong> hands of <strong>the</strong> FreeState Government. Nothing can be clearer than <strong>the</strong>manner in which <strong>the</strong> passages we have put in italicsdeny all <strong>the</strong> right to <strong>the</strong> Campbell lands; and thisDigitized by Goog Ie


CALIGRAPHIC PERSPICIENCE. 219coincides with <strong>the</strong> well-known hist<strong>or</strong>y of <strong>the</strong> country.Of course, unless Waterboer can disprove <strong>the</strong> au<strong>the</strong>nticityof this document, it entirely upsets his case. Sofar as I can ascertain, Waterboer has never yet deniedthis letter, although his special pleaders (<strong>the</strong> ColonialGovernment) say ·so, and by two of <strong>the</strong>ir members,Mr. Sou<strong>the</strong>y; Colonial Secretary, and Mr. Griffith,Att<strong>or</strong>ney General, once undertook to throw doubt uponit by declaring that <strong>the</strong> signature on <strong>the</strong> <strong>or</strong>iginal wasa f<strong>or</strong>gery!"Being something like this, 'N. Water-Boer,' while on allau<strong>the</strong>ntic documents that we have seen, <strong>the</strong> signature is writteneN. Waterboer.' ".Well, at Bloemfontein, during <strong>the</strong> month of May,1872, his Honour, President Brand, and Mr. F. K.Bohne, Government Secretary, had <strong>the</strong> courtesy toproduce to me five <strong>or</strong> six "au<strong>the</strong>ntic documents,"with five <strong>or</strong> six au<strong>the</strong>ntic signatures of" N. Water­Boer," exactly as on <strong>the</strong> document, Annexure No. 25.Of course, <strong>the</strong> onus probandi does not rest with <strong>the</strong>Orange Free State, who are <strong>the</strong> defendants, although,with intentional and unpardonable injustice, <strong>the</strong>Colonial Government has f<strong>or</strong>ced it upon <strong>the</strong>m, butupon <strong>the</strong> plaintiff, Waterboer, who claims part of <strong>the</strong>State's \errit<strong>or</strong>y-part, too, which, as we have seen,has f<strong>or</strong> a quarter of a century .been in <strong>the</strong> indisputablepossession of <strong>the</strong> residents <strong>the</strong>rein, and which has beenpart and parcel of <strong>the</strong> State from <strong>the</strong> day of itsexistence!A comparison of <strong>the</strong> documentary evidence producedon ei<strong>the</strong>r side cannot fail to be in favour of <strong>the</strong>• Vide p. 157, Capetown Biue Book, No 1. 1871.Digitized by Goog Ie


220 FREE STATE RIGHT TO ADAHANTIA..Free State; both <strong>the</strong> relative value, and <strong>the</strong> respectivemerit, seem too palpable to require fur<strong>the</strong>r comment.Here ends our review of <strong>the</strong> documentary part of <strong>the</strong>~vidence brought f<strong>or</strong>ward by 'Vaterboer and by <strong>the</strong>Government of <strong>the</strong> Orange Free State at <strong>the</strong> meeting:at N ooitgedacht.But as bearing directly upon <strong>the</strong> same points, I haveselected a few documents out of those subsequentlyproduced by <strong>the</strong> Orange Free State Government during<strong>the</strong> controversy with <strong>the</strong> Government of <strong>the</strong> Cape;.and <strong>the</strong>se I add to this Chapter, as an imp<strong>or</strong>tantAnnexure.ANNEXURE TO CHAPTER 10.This Annexure contains five documents, four ofwhich are copies of <strong>or</strong>iginals in <strong>the</strong> possession of <strong>the</strong>Free State Government; <strong>the</strong> fifth being a certified-copy of an <strong>or</strong>iginal possessed by Captain AdamKok.1. This is a list of twentu-two farms f<strong>or</strong> which Britishland certificates <strong>or</strong> title-deeds were granted during <strong>the</strong>time of <strong>the</strong> Sovereignty. And although f<strong>or</strong> a periodof from twentp-two to twentp-four pears <strong>the</strong>se farms havebeen and still are held and occupied by virtue of <strong>the</strong>.said titles (having m<strong>or</strong>eover, in most cases, been pur­-chased by <strong>the</strong> owners some years bef<strong>or</strong>e <strong>the</strong> issue of<strong>the</strong> British land certificates), yet all are now cut offfrom <strong>the</strong> qrange Free State by <strong>the</strong> false line claimedf<strong>or</strong> Waterboer, and f<strong>or</strong>cibly taken possession of by <strong>the</strong>Colonial Government!Digitized by Goog Ie


BRITISH TITLE-DEEDS IN ADAMANTIA. 221-;-____ ~_·A._lIB OF FABli. _______,____O_WXB_,_R._.1 David's Graf, <strong>or</strong> Klip Drift ••••••....•. PietvanderWesthuisen2 Kookfontein (No. 135, 24th July,1850.) Christof. J. Jacobs.3 Knofl'elokfontein ••..•..•....•.•..•.. J. J. Bosh<strong>or</strong>.4 Mayerskuilen........................ Christoftel J &Cobs.S De Zoutpan •.......••••.•...•..•••• H. Groenewald.6 Klipfontein •.••......••••••••..•••. James Jones.7 Swinksp~I1.......................... Willem J &CObs.S Zoeti'ontein •.•.....•.••••..••....•• Salomon Vermaak.I can only find <strong>the</strong> number and date of <strong>the</strong> Britishland certificate of one of <strong>the</strong> above farms; but <strong>the</strong>yare quoted and attested by Messrs. J. J. Boshoff,Member of <strong>the</strong> Volksraad, J. J. Rabie, and F.Rossouw, lIembers of a Free State Land-Commission'in 1854.-No OFFABJI.NAlIB OF 0,",0.DATB OFBRITI8H I"'NDClIBTlFICATB.- -- ModderRiv()r~9 No. 46 Platfontein I JohannE's F. Otto Dec. 16, 184:8.10 " 60 Mauritzfontein I John C. Coetzee "11 " 62 Alexandersfontein Johannes O. Coetzee "12 " 57 Voetpad Drift : Robert Pret<strong>or</strong>ius "13 " 58 De Do<strong>or</strong>ns- I Willem Luddik ,.14 " 66 Spytfontein C. J. Jacobs Dec. 19,1848.15 " 69 Salpeter Pan Johannes Combrinck "16 ,,255 Klip Drift I J acobusAdrianSmith Bloemfontein,April 24, 1849.17 " 338 Knofl'alfontein Pieter S. Jacoba Kalkfontein,July 17, 1850.18 ,,339 VanAswegen'sHoek" ",J JJIThe above list IS copied from <strong>the</strong> official extractfrom <strong>the</strong> books of <strong>the</strong> British Sovereignty LandRegister, made over to <strong>the</strong> Government of <strong>the</strong> Orange• V"we p. 117, Blne Book," C<strong>or</strong>respondence respecting <strong>the</strong> Oape ofGood Hope."-London. August 17, 1871.Digitized by Goog Ie


222 :33 BRITISH CERTU'ICATE ~'A.RlIS ~'ILIBUSTERED.Free State in 1854, and was produced to Sir H.Barkly, at Cape Town, by President Brand, on <strong>the</strong>5th January, 1811.·_L:O~OF _-IDATE OJ'NAB 01' FAlU(. NAJIB OF OWNBa BUTIlIH LA."fDCERTlPICATB.--19 No. 167 Waterval. I c. 1. lacoba. 24thluly, 1800.20 43 Tweeririeren. A. p, van der Walt and 27th June, 1800."Job,. Rabie.21 6 Klipdrift. I Uk. Ch. Pret<strong>or</strong>illl. 19th Dec., 1848.22 03 Brakfontein. J. 1


THE FREE STATE ROBBED OF 5,000 SQUARE MILES. 223uiuJer8land upon toMt principle of right and Jwtwe MI'~Yqje8t!!, 8 Government can, SEVENTEEN YEARS AFTER THEABANDONMENT OF THE SoVEREIGNTY, question <strong>or</strong> disavototile act of tMir officer, Maj<strong>or</strong> Warden, and of hiB heellencuHer MaJe8ty'8 High Oommissioner, Sir Harrg Smith,.q,IJ age.iut tke Free Sta'k GQVemment, toAD Mve, lJ!I Articll4, of <strong>the</strong> Convention (of 1854:), paranted tke PP88e8Wmo()f <strong>the</strong> lands <strong>the</strong>n in occupation of <strong>the</strong> white inhabitants,and <strong>the</strong> title granted by <strong>the</strong> British landcertificates; of <strong>the</strong>se thirty-tAre8 are situated in <strong>the</strong>territ<strong>or</strong>y lately proclaimed by your Excellency, thirtyof which were issued between 1848-1850, and threein <strong>the</strong> year 1852."Well, indeed, may President Brand ask upon" whatprinciple of right and justice" so gigantic a fraud canbe perpetrated as that by which his country has beenrobbed of 143 farms (33 being guaranteed <strong>or</strong>iginallyby <strong>the</strong> British Government itself), and, altoge<strong>the</strong>r, notless than 5,000 square miles of territ<strong>or</strong>y! I ventureto affirm that no honest man acquainted with <strong>the</strong> casewould answer o<strong>the</strong>rwise than that <strong>the</strong> only principleconcerned is that of might; and, investigating <strong>the</strong>matter a posteri<strong>or</strong>i, that it was solely in <strong>or</strong>der to obtain<strong>the</strong> <strong>diamond</strong> <strong>fields</strong> that such might has been so arr0-gantly, cowardly, outrageously exercised.2. The following are translations from some <strong>or</strong>iginaldocuments, being rep<strong>or</strong>ts and results of <strong>the</strong> Free StateCommission sent out in May, 1854, by <strong>the</strong> Government,as soon as possible after its creation by <strong>the</strong>abandonment of <strong>the</strong> Sovereignty, in <strong>or</strong>der to ascertainfrom <strong>the</strong> Griqua Captains, Waterhoer and C<strong>or</strong>neliusKok, a definition of <strong>the</strong>ir respective boundaries,Digitized by Goog Ie


224 PROOF THAT ADA.M:ANTlA WAS NEVER WATERBOER'S.f<strong>or</strong> <strong>the</strong> purpose of avoiding any frontier troubles <strong>or</strong>disputes in <strong>the</strong> future.-cc We, <strong>the</strong> undersigned, Captain and Councill<strong>or</strong>s of Campbell,declare by <strong>the</strong>se presents, that <strong>the</strong> boundary lines between us,Waterboer and Jan Bloem, are &8 follows:TAu liM U fltarlyicltmtictll with tMtbaoum aI tM Yetb,rgliM, by w!.ic", in tlufollowing year, it Walfinally and amictlbly,upsr'8tUd, wit" eMCOI'IImt of aU tMStatu, Powsr" <strong>or</strong> Goownmmt,concsrnsd." 2b tTl' ,out" of eM RM Ridg' (llootMJrniI) atPHew .AbraM,,.', Ttlba,f, farm, with a ,era'9MI •.,., oller tM Spit. Kopie at eM Red Pan, fur<strong>the</strong>ron tM Isft ,iii of tM Vitbwg, and with a straightline over Uithaaldemontein to tM cro" liM ofCaptain.Adam Ko"" (from Ramah to David'sGraf'), "(aJ and with eM ,aIM liM n<strong>or</strong>tl&wartlB toDeJvUf, Grll/,. on eM Rise Rillw, a,.tI from tMr,with <strong>the</strong> course of <strong>the</strong> river to <strong>the</strong> two rivera,and with <strong>the</strong> waggonroad out on <strong>the</strong> oppositeside to Spytfontein, tllmM with a straight lineon to <strong>the</strong> first turn, to tM loww,ids of tM "Mol" (K."ion) "farm o.tM Yaal RitJw".r Platbwg): "in which groullds tM burghw, of tMnsw GOIJwnmmt BMlI lutre tit, rigM to buy groullds from CllptainC<strong>or</strong>nsliuB Ko" <strong>or</strong> hi, IUluBet., excepting along <strong>the</strong> Vaal River, 88far &8 <strong>the</strong> stock can graze from <strong>the</strong> river." Campb'll, 24t" MaV, 1854.cc As witnesses (Signed)J. J. RABIE.J. J. BOSHOFF.F. P. Rossot1W, G. F.+ COllDLIUS Kok, Captain.J. STBGLUG.+ JACOBUS DEWEGB, Councill<strong>or</strong>.+ J OlURNES D:SWBGB, "+ CORNELIUS Kox, "(a) From this point in <strong>the</strong> description of boundary,<strong>the</strong> line (excepting a considerable deflection to <strong>the</strong>west, to allow f<strong>or</strong> farms which had been purchased,and were <strong>the</strong>n occupied by Free State subjects), runsas <strong>the</strong> line now claimed l<strong>or</strong> Waterhoer from David'sGraf to Plat berg. Altoge<strong>the</strong>r <strong>the</strong> document and <strong>the</strong>rep<strong>or</strong>ts of <strong>the</strong> commission are highly imp<strong>or</strong>tant; <strong>the</strong>y• Vide p. 117, Blue Book, "Cel"respondence respecting <strong>the</strong> atr.w-e of<strong>the</strong> Cape of Good Hope"-London, August 17.1871.Digitized by Goog Ie


REPORT OF LAND COMMISSION IN 1854. 225prove, 1st, that 0JOrnelius Kok was an inaependentChief; 2nd, that Waterboer did not <strong>the</strong>n dispute <strong>the</strong>fact; 3rd, that Waterboer did not <strong>the</strong>n claim any landwhere now he does, beyond <strong>or</strong> to <strong>the</strong> east of <strong>the</strong> Vetbergline; 4th, that <strong>the</strong> Free State took every precautionto avoid encroaching upon native territ<strong>or</strong>y; 5th,that <strong>the</strong> Free State acquired from <strong>the</strong> lawful owners<strong>the</strong> right to purchase <strong>the</strong> lands now claimed f<strong>or</strong> Waterboer;6th, that Waterboer was a consenting party to<strong>the</strong> making of <strong>the</strong> Vetberg line between himself andC<strong>or</strong>nelius Kok, by Captain Adam Kok.The following extract is taken from <strong>the</strong> "Rep<strong>or</strong>t of<strong>the</strong> Commission :""I told <strong>the</strong>m" (C<strong>or</strong>nelius Kok and his Councill<strong>or</strong>s) II that we weredeputed by <strong>the</strong> new government to ascertain whe<strong>the</strong>r any dispute existed,in respect to ground, hetween him and Waterboer .•. He .ai(/'UuJt M W wittm 10 (Japtain .Adam Eol: to """" tM Ii"" kewl81/, IMln.ce Waterboer asked what was <strong>the</strong> intention of <strong>the</strong> new governmentin respect to this. I answered that it was a precaution toknow if it were desirable to allow our burghers to purchase grounds.• • • He said, 'I am pleased to hear of <strong>the</strong> good intentions of thonew government.' Thereupon I caused <strong>the</strong> document (quoted above)received from C<strong>or</strong>nelius Kok to be read, in <strong>or</strong>der to ascertainwhe<strong>the</strong>r <strong>the</strong>re was any dispute respecting <strong>the</strong> line as stated byKok. Waterboer said this day was <strong>the</strong> first ocoaaion that he heardof tlult line. One of his Councill<strong>or</strong>s named J aoob Kruger, said that<strong>the</strong>ir grounds ran (a) from RaM in " ,'r"it/At Ii"" to DaDi(/", Graf,aM witA till Rill Riv,r .tr,,,m to ita junction witA til, Orangl Ril7er.Waterboer said that he could not just now speak <strong>about</strong> tMt line, ashe had no knowledge of it ; we should bear a little patience; AIMd. r'f,",tad .Adam Eo" to tkcitk eM Ii"" THlwI"" tMm; <strong>the</strong>n he wouldsee whe<strong>the</strong>r <strong>the</strong>re were any disputes between thvn."(a) This definition is almost as much to <strong>the</strong> east, 8S? <strong>the</strong> line claimed by C<strong>or</strong>nelius Kok was to <strong>the</strong> west of<strong>the</strong> line eventually decided upon, as <strong>the</strong> Vetberg line,between <strong>the</strong>m, by Adam Kok.QDigitized by Google


22(; 1m. SOCTIIEY'S MISREPRESENTATION.In a sw<strong>or</strong>n deposition, dated "December 1st, 1870,'"Mr. J. J. Rabie made <strong>the</strong> following statement respecting<strong>the</strong> same incident of <strong>the</strong> Commission of 1854 :" He" (Waterboer) "<strong>the</strong>n said that his line was half-waybetween Griqua Town and Oampbell; from <strong>the</strong>re to where <strong>the</strong>point (<strong>or</strong> edge) of Oampbell's mountain reached <strong>the</strong> Vaal River.dlenoe up <strong>the</strong> Vaal River to <strong>the</strong> junction of <strong>the</strong> Modder and VaalRivers, <strong>the</strong>nce along <strong>the</strong> Bide of a certain Redpan over <strong>the</strong> Vetberg,over <strong>the</strong> Pan of Kubab, over <strong>the</strong> Pan of Klipfontein, to a place"called Stuurman's VIei, and <strong>the</strong>nce to <strong>the</strong> line from Ramah to David'sGraf; but he added to this definition, 'I am not quite positivo<strong>about</strong> <strong>the</strong>se lines,-reasons why I requeeted Adam Kok to act 88arbitrat<strong>or</strong> and decide this dispute.'"Taking advantage of <strong>the</strong> necessarily "different w<strong>or</strong>dingbetween <strong>the</strong> <strong>or</strong>iginal "Rep<strong>or</strong>t," and Mr. Rabie'sdeposition made from mem<strong>or</strong>y 8izteen !lear8 after tlleet'ent, Mr. Sou<strong>the</strong>y and his colleague, <strong>the</strong> Att<strong>or</strong>ney­General of Cape Town, in considering both documents,in a rep<strong>or</strong>t <strong>the</strong>reon to Sir H. Barkly, dated January19, 1871, state :• " In his declaration of December, 1870, he gives a verydifferent version of what took place at Griqua Town from thataff<strong>or</strong>ded by his Rep<strong>or</strong>t of 1864; seeing that, while in <strong>the</strong> Rep<strong>or</strong>t hestates that Waterboer denied all knowledge of <strong>the</strong> line describedby O. Kok, <strong>or</strong> of My Ii,., fl)MUrJIr Httoun tlum, in <strong>the</strong> declarationhe says that Waterboer gave a particular description of <strong>the</strong> line."This, I submit, is a total misrepresentation. Theleast perspicuous and impartial of critics might haveseen that <strong>the</strong> line denied by Waterboer in <strong>the</strong>" Rep<strong>or</strong>t," was " tnat line" as claimed and defined byC<strong>or</strong>nelius Kok; not <strong>the</strong> line Mr. Rabie says in his" deposition"" was claimed by W aterboer. That <strong>the</strong>• Vide p. 126, Blue Book, .. O<strong>or</strong>relpondence respecting <strong>the</strong> affairsof <strong>the</strong> Cape of Good Hope."-London. August 17,1871.~i9itized by Goog Ie


TERGIVERSATION OF MR. SOUTHEY AND COLLEAGUE. 221latter " denied all knowledge of anlJ line flJnatever '6et7.oeen<strong>the</strong>m" is simply false. By <strong>the</strong> wo.rds of <strong>the</strong> "Rep<strong>or</strong>t,"-" he had requested Adam Kok to decide <strong>the</strong> linehetween <strong>the</strong>m I "-positively admitting <strong>the</strong> existen~ of aline between <strong>the</strong>m, <strong>about</strong> which <strong>the</strong>y differed, and todecide which Adam Kok was called upon as arbitrat<strong>or</strong>;<strong>the</strong> result being <strong>the</strong> making of <strong>the</strong> Vetberg line. It seemsalmost incredible that such high officials as <strong>the</strong> ColonialSecretary and Att<strong>or</strong>ney-General can ei<strong>the</strong>r make suchegregious err<strong>or</strong>s, <strong>or</strong> such gross misrepresentations.Hw<strong>or</strong>d f<strong>or</strong> w<strong>or</strong>d Mr. Rabie's" Declaration" hadagreed with his " Rep<strong>or</strong>t" made sixteen years bef<strong>or</strong>e,<strong>the</strong>n, indeed, it would have had a strange appearance.Referring io his Commission in 1854, he concludeswith <strong>the</strong> following just and particularly pertinentremarks :-CI In that time <strong>the</strong>re was no question whe<strong>the</strong>r <strong>or</strong> not C<strong>or</strong>neliusKok was Captain of Campbell. Captain Waterboer never, disputedit.'" If <strong>the</strong>re eVt'r was an opp<strong>or</strong>tunity f<strong>or</strong> Waterboer to have disputed<strong>the</strong> auth<strong>or</strong>ity of C<strong>or</strong>nelius Kok over Campbell it was <strong>the</strong> present, ofwhich he did not avail himself. tI• 3. u [n-.III1.tion from tM <strong>or</strong>igiMl.]u Campbell, August 22, 1845.U Sir,-In consequence of having agreed with my Council t<strong>or</strong>emind you ag ain that my territ<strong>or</strong>y stretches from eM Orang' R'fJWto Bleeberg, and <strong>the</strong>nce to Rilt Rifl,r, named Blaauwbank, and from<strong>the</strong>re fur<strong>the</strong>r to Van Wyk'e Valley, anti furtMr (to) PlGtbwg, on <strong>the</strong>Vaal River; 80 it is my friendly request to prevent any disturbance." I have, &c.,(Signed) U CoRNELIUS Kox, Captain of Campbell."RAWSTORNE. Esq., Philippolis.• Vide p. 120, Blue Book, .. O<strong>or</strong>respondence r8apeoting <strong>the</strong> affiloil'Sof <strong>the</strong> Oape of Good Hope."-London, A.ugust 17,1871.Q 2• Digitized by Goog Ie


228 EVIDE~CE FOR THE ~'REE STATE.Mr. Rawst<strong>or</strong>ne was <strong>the</strong>n British Civil Commissionerof Colesberg. The boundary here described is almostprecisely similar to that defined by <strong>the</strong> documentquoted in Mr. Rabie's" Rep<strong>or</strong>t" in 1854.4. • U [1ramlation from t~ <strong>or</strong>iginal. ]"Esteemed Mr. JACOBS," Sir,-I have <strong>the</strong> pleasure to acknowledge <strong>the</strong> receipt of yourletter which came to my hand concerning your wish to know <strong>the</strong>limit and division of <strong>the</strong> districts between us, <strong>the</strong> one and <strong>the</strong> o<strong>the</strong>rChiefs of <strong>the</strong> districts ;-( it) was already known in <strong>the</strong> early days thatGriquastad was made <strong>the</strong> first settlement, that where Vaal Riverand Riet River flow toge<strong>the</strong>r on <strong>the</strong> BOuth side of Riet Riverbetween Zwaart (Orange) River belonged to Griquastad, from <strong>the</strong>reeast up reaching to <strong>the</strong> Keil, from <strong>the</strong>re across, beginning from<strong>the</strong> n<strong>or</strong>th side a direct line south-eastwards along from Ramah toZwaart (Orange) River, reaching along <strong>the</strong> west side of Bleakop(<strong>or</strong> Blesberg).Yours, &c.,(Signed) "A. W ATEBBOER, Captain."" To Mr. JACOBS, living at Riet River.Griq11:1stad, 10th February, 1846." A c<strong>or</strong>rect translation of <strong>the</strong> <strong>or</strong>iginal in my office,"F. K. HOHNE, Government Secretary."The coincidence between <strong>the</strong>se two letters, and,indeed, <strong>the</strong> plain way in which all <strong>the</strong> documents producedas evidence by <strong>the</strong> ~~ree State cOITob<strong>or</strong>ate oneano<strong>the</strong>r, furnish satisfact<strong>or</strong>y proof of <strong>the</strong> merit of <strong>the</strong>case. The letters of both Chiefs agree Tery closely asto <strong>the</strong> line· between <strong>the</strong>m. In fact, <strong>the</strong> mean of <strong>the</strong> twowill be found to be <strong>the</strong> Vetberg line. 'Vaterboer's letterdescribes his eastern boundary, that of Albania, andagrees with what Mr. Rabie in his ' Deposition' declaresthat Chief explained to him: C<strong>or</strong>nelius Kok's• Y'tde p. 18, Blue Book, "Fur<strong>the</strong>r C<strong>or</strong>respondence, respecting <strong>the</strong>affairs of <strong>the</strong> Cape of Good Hope."-London, February 6th, 1872.Digitized by Goog Ie


SIR H. BARKLY'~ PARTIZANSHIP. 229reply to }Ir. Rawst<strong>or</strong>ne defines his western boundary,and coincides with both Waterboer's account and <strong>the</strong>Vetberg line.Acting upon <strong>the</strong>ir predetermined system, <strong>the</strong> luminariesof <strong>the</strong> Cape Government at once proceeded todeny and ign<strong>or</strong>e <strong>the</strong> au<strong>the</strong>nticity and existence of<strong>the</strong>se two imp<strong>or</strong>tant political and hist<strong>or</strong>ical documents.Upon what auth<strong>or</strong>ity? As usual, Waterboer's ipBldizit!In a despatch dated "Cape Town, October 23,1871," Sir H. Barkly thus disposes of <strong>the</strong> letter lastquoted, quite to his own satisfaction:• cc I am now in a position to state that its au<strong>the</strong>nticity is ohallengedbf Captain Nicolas Waterboer, on grounds whioh havesatisfied himself and Raad eMt it m.,e i. "/"Twie8tio,,. At any rate,that letter was nei<strong>the</strong>r produced n<strong>or</strong> cited by your Honour and Mr.Hutton when in Cape Town; an omission all <strong>the</strong> m<strong>or</strong>e remarkable,if its purp<strong>or</strong>t be, as now aeeerted, 80 intelligible and explicit, andita au<strong>the</strong>nticity 80 unqueetionable. "Sir H. Barkly's blind partizanship carried him toofar here. Seeking to throw discredit upon <strong>the</strong> veracityand honour of <strong>the</strong> Free State Government, he laidhimself open to <strong>the</strong> following crushing rejoinder,-PresidentBrand's reply, dated "Bloemfontein, 6thNovember, 1811 :"-t CI With refereuce to <strong>the</strong> allegations of Oaptain N. Watarboer,that. <strong>the</strong> autograph letter of his fa<strong>the</strong>r, Oaptain A.. Waterboer, to:Mr. Jacobs •.. is a spurious document, <strong>the</strong> Government of <strong>the</strong>Orange Free State have <strong>the</strong> honour to observe, that <strong>the</strong> handwritingand signature of ano<strong>the</strong>r letter of Oaptain A.. Watarboer, in<strong>the</strong> Government office, entirely c<strong>or</strong>responds with this one; and that• y,," p. 29, Blue Book, .. Far<strong>the</strong>r O<strong>or</strong>respondence reapeoting <strong>the</strong>atrai.ra of <strong>the</strong> Oape of Good Hope."-London, AM"II", 6,1872.t Yld. p. 56.-.lbici.Digitized by Goog Ie


230 sm H. BABKLY'S DUPLICITY EXPOSED.<strong>the</strong> following is written on a piece of paper attached to this let.terand <strong>the</strong> letter of Captain C. Kok-, Letter from Captain WaterboertoMr. Jacobs,dated 10th February, 1846.', Letter from Captain C. KoktoF. Bawst<strong>or</strong>ne, Esq.,dated 22nd August, 1845.', :Both <strong>the</strong> above letters define <strong>the</strong> boundariesof <strong>the</strong>se Chiefs.'"1 tM lou JIio. J. ..4.UilOfI, CUrl: to tM BritiIA Ruidntt, Maj<strong>or</strong> JY artIM,IIU RegidrfW oj lJHdI during tM tilM oj tM S<strong>or</strong>:".,ignt!l.It does not appear why, by whom, with what object, and f<strong>or</strong>what purpose, a fabrication, 88 alleged by Captain N. W~boertoj II ~ Jontl "Dragd tM J'lIPW' IIft1Jg tM BritiIA GOPmaJll6Jlt,upon <strong>the</strong> abandonment of <strong>the</strong> Sovereignty, should have beenmade."Instead of <strong>the</strong> Government of <strong>the</strong> Free State beingresponsible f<strong>or</strong> <strong>the</strong>se two documents, as expressly impliedby Sir H. Barkly, it seems that <strong>the</strong>y werereceived, docketed, and handed over as State papersby <strong>the</strong> British Government itself! This attempt toshake <strong>the</strong>ir value and au<strong>the</strong>nticity, is only upon a parwith all Sir H. Barkly's quips and quibbles and w<strong>or</strong>semisrepresentations.5. The following document, if genuine, fully establishes<strong>the</strong> fact, that Captain C<strong>or</strong>nelius Kok was <strong>the</strong>sole and independent Chief of Campbell. It is end<strong>or</strong>sedand guaranteed by <strong>the</strong> Government of <strong>the</strong>Orange Free State; and many of those who, in <strong>the</strong>person of Mr. M. A. Oberholster, were <strong>the</strong> secondparty to <strong>the</strong> agreement, are still living witnesses of itsau<strong>the</strong>nticty-to shake which, m<strong>or</strong>eover, no evidenceDigitized by Goog Ie


TREATY BE~ KOK AND THE BOERS. 231has ever yet (January, 1873) been adduced by <strong>the</strong>.o<strong>the</strong>r side. It also proves <strong>the</strong> right of C<strong>or</strong>nelius Kok.to <strong>the</strong> land south of <strong>the</strong> V sal, which he and his people<strong>or</strong>iginally sold to subjects of <strong>the</strong> Free State, betweenthat river and <strong>the</strong> line now seized and claimed asWaterboer's from David's Graf to Platberg.• U On this 8th day of August, 1840, we, <strong>the</strong> undersigned, Chief'C<strong>or</strong>nelius Kok, Oaptain, and Jan Bloem, Oaptain, acknowledge anddeclare by virtue of treaty in <strong>the</strong> name of our whole tribes in onebond of friendship to have agreed-"1st. We, <strong>the</strong> undersigned, Ohiefs in Oouncil, accept of <strong>the</strong>immigratedcolonists now amongst us on <strong>the</strong>se grounds as our friends.and allies, and will hencef<strong>or</strong>th show <strong>the</strong>m every respect and.friendship ... 2nd. We declare it is with our consent that (rs) 1M liM/rolnRamrs, with rs 8traight liM to elu iunction 0/ tM ModUr and Riet Ripcr8,.tlnd tMrw on PlatlJITg, on eM YrIrIl Rip".; up along <strong>the</strong> Vaal Riverto <strong>the</strong> Tiekwas River, has been fixed, which line between our,n<strong>or</strong><strong>the</strong>rn tribes shall be <strong>the</strong> boundary line f<strong>or</strong> <strong>the</strong> colonists herein.allu.ded to, during <strong>the</strong> time <strong>the</strong>y shall reside on those grounds." 3rd. We will acknowledge Mr. M. A. Oberholster as Ohlef andruler over <strong>the</strong>se immigrated colonists, and will ourselves show everyrespect to his field-c<strong>or</strong>nets, joint rulers •• , 4th. We will never, with our knowledge of <strong>the</strong> matter, allow,that anything in opposition to <strong>the</strong> rights of man shall be committe


232 THE LINE CLAIlrIED FOR WATERBOER DISPOSED Q}'.<strong>the</strong> cases amicably; should we fail in adjusting <strong>the</strong> cllif:ereno&between us, we shall call in Mr. M. A. Oberholster and his councill<strong>or</strong>s,as our allies, to aid in settling <strong>the</strong> cllif:erence.u 7th. As appears by treaty of <strong>the</strong> 16th Ju~e, 184~, agreed onbetween <strong>the</strong> colonists and <strong>the</strong> Griquas of Philip polis, and as we havethisday entered into a treaty of' friendship with <strong>the</strong> colonists, W&view and acknowledge <strong>the</strong> Griquas of Philippolis and those of Roelandt,also as our friends and co-allies.IC With our signatures we auth<strong>or</strong>ize,"CoUBLI11S Ko][, Captaill.JAB BLOEK, Captain." Conncil-GBllT BBKUS.ttWILLEX KOB:." GOT KOB:." JOHANNES DB WEB." Thus done on <strong>the</strong> 8th August, 1840."" A true translation of a copy in poBB08sionof <strong>the</strong> Chief ADAl( KOR."F. REx, Sw<strong>or</strong>n Translat<strong>or</strong>."(aj Here we see that <strong>the</strong> line now seized f<strong>or</strong> Waterboerwas, in 1840, <strong>the</strong> boundary betWeen ComeliWfKok and those who in 1854 became <strong>the</strong> burghers of <strong>the</strong>.Free State. That line, m<strong>or</strong>eover, cea8ed to eziat atlead tltirt!J !lear8 ago,' consequent upon <strong>the</strong> fact that.from 1840 farms on and beyond it were continuallybeing sold by C<strong>or</strong>nelius Kok to <strong>the</strong> white settlers,.whose frontier advanced with <strong>the</strong>ir acquisitions.Digitized by Goog Ie


A BENIGK POLICY. 233CHAPTER XI.THE GOVERNMENT OF THE CAPE OF GOOD HOPE TAKESPART WITH W A.TERBOER, ENDORSES HIS CLAIMS, ANDSUPPORTS HIS CASE A.GAINSTSTATE.THE ORANGE FREERBIIliLTS OF THB MBBTIlfG AT NOOlTGEDAOHT.-PusmENT BRAlm'SDESPATCl[: IT ELICIT8 THB FAffr THAT WATBlI.BOBll. 'WAS ALREADYIN SECRET CoBRBSl'8lroDOE WlTB: THE CoLONIAL GoVBRNKDT,AM> HAD OJ'FBRED IT JUBIBDIOTION OVBR THE DuxOlro FIELDs.-DocUMENTARY PRoOF THAT THB COLONIAL GoVlUUOlEl'l'T HAl)NO RIGHT TO lNTEBFUE.-GEl'i'BlI.AL HAY'S DESPATCHES TO THEFan STATE, IN SUPPORT OF W.A.TBlI.BOBll.,ANAL'YZED; THEIRMISSTATBKENTS AM> MIsREPRESENTATIONS ExPoSED.-GEl'fEBALRu's APPOINntENT OF A BBITI8H MAGISTBAOY OVBR FREESTAn TERRITORY (THE D.IAXOlro FIELDS) EQt."IVALENT TODBCLABATION OF WAlL.-'rRB RIGHT HON. H. LAnOUOHEBE'SmRBPBETATION OF OUR DUTIES TO THE Fan STATE.In Chapter VI. I pointed out <strong>the</strong> in<strong>or</strong>dinate anxietydisplayed and acted up to by <strong>the</strong> Government of <strong>the</strong>Orange Free State, in its differences with Waterboer,to treat that very petty chief, but very disagreeableneighbour, with justice and consideration; giving, as<strong>the</strong> last practical illustration of so f<strong>or</strong>bearing and weaka policy, <strong>the</strong>" meeting at Nooitgedacht."Having subsequently fully investigated and analyzed<strong>the</strong> whole of <strong>the</strong> evidence produced on ei<strong>the</strong>rside, in Chapters VII. to X. inclusive, my readers willbe able to judge as to <strong>the</strong> justice of <strong>the</strong> policy pursuedADigitized by Goog Ie


2~34 DUPLICITY OF THE LATE CAPE GOVERNMENT.by <strong>the</strong> Free State Government after <strong>the</strong> meeting,­which, as I have already described in Chapter VI,tailed to effect any settlement by reason of Waterboer'sown conduct, and abrupt, unmannerly de­I)a~.President Brand thuS states <strong>the</strong> conclusion to whichhe came with his Executive Council:• "After <strong>the</strong> Chief Waterboer and his Councill<strong>or</strong>s had abruptlydeparted, we proceeded to consider <strong>the</strong> evidence and documentsproducod on both sides • • . and we came to <strong>the</strong> oonclusion that<strong>the</strong> Chief Waterboer had failed to show any title to <strong>the</strong> landsclaimed by him, and that nothing had been adduced to invalidate<strong>the</strong> rights of <strong>the</strong> Orange Free State Government." .As it had been pI-eviously agreed \y both sides that.only <strong>the</strong> question of right to <strong>the</strong> (Jampbell lands shouldbe brought f<strong>or</strong>ward at <strong>the</strong> meeting at N ooitgedacht,and as Waterboer strove to supp<strong>or</strong>t his claim. to a linefrom Ramah via David'a Graf to PlatlJerg (although notone title of proof did he produce of right ei<strong>the</strong>r to that<strong>or</strong> <strong>the</strong> lands properly in question), President Brandlmd no o<strong>the</strong>r course. .The Colonial Government, in trying to find pretencesf<strong>or</strong> seizing <strong>the</strong> <strong>diamond</strong>-<strong>fields</strong>, denounces thisas a decision by <strong>the</strong> Free State in its own favour,totally ign<strong>or</strong>ing, of course, <strong>the</strong> following facts :1. That this was not an <strong>or</strong>dinary case of disputedright, f<strong>or</strong> that <strong>the</strong> defendants were <strong>the</strong> Government ofa State which had been in indisputable possession ofpart of <strong>the</strong> ground in question f<strong>or</strong> nineteen years-<strong>the</strong>• Vid4P.18, Capetown Blue Book, (No. 1),1871, Deapat.oh, co PreeidentBrand to tLicut.-Gtn. Hay," dated" Bloemfontein, 24th. September,18'i0."Digitized by Goog Ie


RESULT OI!' THE NOOITGEDACHT MEETING. 235whole period of <strong>the</strong> State's existence! And that manyo<strong>the</strong>r parts of <strong>the</strong> territ<strong>or</strong>y cut off by <strong>the</strong> line claimedby Waterboer, had been f<strong>or</strong> a quarter of a century in<strong>the</strong> possession of those settlers who beCame its people.2. That o<strong>the</strong>r p<strong>or</strong>tions of this territ<strong>or</strong>y (thirtythreeextensive sheep <strong>or</strong> cattle fanus, in fact) had beengiven and made over to <strong>the</strong> Free State, which wascompelled to guarantee <strong>the</strong> owners of those farms <strong>the</strong>irfuture rights and possession, by <strong>the</strong> British Governmentitself.3. That all <strong>the</strong> remaining p<strong>or</strong>tions of <strong>the</strong> disputedterrit<strong>or</strong>y had been purchased from Adam Kok, <strong>the</strong>rightful Chief and owner, f<strong>or</strong> a nominal sum of £4000,which, however, was greatly increased.Under <strong>the</strong>se circumstances was not <strong>the</strong> Presidentand Ministry justified-was it not, indeed, palpably<strong>the</strong>ir duty, <strong>the</strong>ir only course-to retain <strong>the</strong>ir ancientpossessions, and to maintain <strong>the</strong>ir right to what <strong>the</strong>yhad undeniably purchased? Why, it is plain that<strong>the</strong>y would have been trait<strong>or</strong>s to <strong>the</strong>ir country had<strong>the</strong>y acted o<strong>the</strong>rwise!So far as <strong>the</strong> Free State was concerned <strong>the</strong> meetingat N ooitgedacht resulted in a Proclamation by <strong>the</strong>Government, dated" 29th August, 1870," which, afterpointing out <strong>the</strong> fact that Waterboer had" No right whatever to <strong>the</strong> grounds of <strong>the</strong> late Captain C<strong>or</strong>neliusKok • • . which grounds were sold to <strong>the</strong> Government of <strong>the</strong>Orange Free State . • . as has on several occasioDs' already beenproclaimed. "and after defining <strong>the</strong> boundaries of <strong>the</strong> Campbellgrounds,concludes:U Theref<strong>or</strong>e I hereby proclaim that <strong>the</strong> grounds, as aboved88Ol'ibed, are <strong>the</strong> property ot <strong>the</strong> Orange Free State • .. <strong>the</strong>Digitized by Goog Ie


236 THE REAL CAl:SE FOR !!I,.ERFERENCE.lines, as above described, will, by a CommiBBion to be nominatedbyme, be beaconed off on Th11l'llday, 22nd September, 1870, beginningat <strong>the</strong>jllnction of <strong>the</strong> Barta and Vaal Rivers ••• ;" (Signed) J. B. BRAllD, State President."By <strong>or</strong>der, F. K. BOHNE,"Government Secretary."This proclamation elicite~ <strong>the</strong> fact that W ~terboerhad f<strong>or</strong> some time been in secret communication with<strong>the</strong> -Colonial Government, and that, in <strong>or</strong>der to induce<strong>the</strong> officials <strong>the</strong>reof to supp<strong>or</strong>t him, he had offered (<strong>or</strong>heen induced to offer ?) to place himself and people underBritish Sovereignty, had offered to <strong>the</strong>m <strong>the</strong> rule anddisposal of <strong>the</strong> <strong>diamond</strong>-<strong>fields</strong>, ano<strong>the</strong>r nation's bonafideproperty!No wonder <strong>the</strong> crafty Mulatto took care to break up<strong>the</strong> meeting at N ooitgedacht without settling anything!Tho bait took. Such a chance to secure <strong>the</strong><strong>diamond</strong>-<strong>fields</strong>-<strong>the</strong>n thought of with <strong>the</strong> greatestexaggeration, at a time when stones never w<strong>or</strong>th m<strong>or</strong>ethan £100 were selling f<strong>or</strong> over £2,000-was not to beneglected; Waterboer's ex parte statements were instantlytaken up and maintained by <strong>the</strong> ColonialGovernment, and I publish <strong>the</strong> accusation in <strong>the</strong> mostpositive and unhesitating manner.The first step taken by <strong>the</strong> Colonial Governmentwas deliberately hostile to <strong>the</strong> Orange Free State.In <strong>the</strong> first place <strong>the</strong>y had no right whatsoever tointerfere with <strong>the</strong> <strong>diamond</strong>-<strong>fields</strong>, <strong>or</strong> any territ<strong>or</strong>ial <strong>or</strong>o<strong>the</strong>r question between natives and that state.E. 9. Art. IL of <strong>the</strong> Convention of 1854 between <strong>the</strong>two Governments expressly declares:"The British Government has no tIllkmCIJ wMtlfJIr with any nativeChiefs <strong>or</strong> Tribes to <strong>the</strong> n<strong>or</strong>thward of <strong>the</strong> Orange River, with <strong>the</strong>Digitized by Goog Ie


CRI1UNAL POLICY O}' THE CAPE RULERS. 231exception of <strong>the</strong> Griqua Ohief, Oaptain Adam Kok;" and IIw­Hajut!/'. Go"".,.mmt 1uJI flO w;,h .,. inUtation to mtw lureajtw into anyT,Mtiu wMcA may Il, injurioul <strong>or</strong> prejudicial to tM interelt. of tk,Orang' RifJW GWWflmmt." .That <strong>the</strong> supp<strong>or</strong>t of Waterboer's fraudulent claimto a large tract of <strong>the</strong> Orange Free State was both" injurious" and" prejudicial" to <strong>the</strong> interests of thatState, needs no argument; but in what terms sh~)Uldbe condemned <strong>the</strong> actual seizure of that territ<strong>or</strong>y professedlyf<strong>or</strong> Waterboer, by <strong>the</strong> Colonial Government,by armed f<strong>or</strong>ce, pendente lite, bef<strong>or</strong>e ei<strong>the</strong>r <strong>the</strong> plaintiffhad proved his claim, <strong>or</strong> <strong>the</strong> defendant's case hadbeen heard in reply?2. Bef<strong>or</strong>e <strong>the</strong> Convention of 1854 was executed, <strong>the</strong>Duke of Newcastle, in a despatcht dated "DowningStreet, November 14th, 1853," directed <strong>the</strong> SpecialCommissioner, Sir Ge<strong>or</strong>ge Clerk," That <strong>the</strong> bases" (of <strong>the</strong> proposed Oonvention) " should be. . •in <strong>the</strong> f<strong>or</strong>m of Articles • • . of a treaty lJItID"" iJUlepmdent pow",.The articles agreed on with <strong>the</strong> Transvaal boers appear to furnisha ready preoedent f<strong>or</strong> BUCh. a Oonvention-'·The Articles referred to," Guarantee, in <strong>the</strong> fullest manner, on <strong>the</strong> part of <strong>the</strong> BritishGovernment, to <strong>the</strong> emigrant fa.rm.ers beyond <strong>the</strong> Vaal, til" right tomanag' eMir own affair., and to govem <strong>the</strong>mselves, without a1lY intw­IWIfICl on <strong>the</strong> part <strong>or</strong> Her Majesty <strong>the</strong> Queen's Govemment, aMtMt flO mcroac"mmt ,kalllJl rntItlIlJlI tM.fIid GOfJem1lUnt on tA, territ<strong>or</strong>ylHyond to eM n<strong>or</strong>th 0/ tM Vaal RifJW ••• it being understood thatthis syotem of non-interference is binding upon both parties."!• Adam Kok having departed with all his people, in 1862-3, is outof <strong>the</strong> case.t Vide p. 88, Art. 7, Blue Book, No.3, .. Orange River C<strong>or</strong>re-8pondence," 1851-4.":: V'"" p. 36, Blue Book, No.2, .. Orange River C<strong>or</strong>respondence,1851-4.Digitized by Goog Ie


2:38 DRITISH INTERVENTION ILLEGAL.This Treaty has been law ever since it was made.What, I should like to know, does Her Majesty'sGovernment term <strong>the</strong> seizure of <strong>the</strong> Campbell-landsallbeing " N<strong>or</strong>th of <strong>the</strong> Vaal River " ? If it is not a veryconsiderable" encroachment," and a; very gross violationof all <strong>the</strong> terms of <strong>the</strong> Treaty, <strong>the</strong>n has th~English language lost its old meaning! .The Convention entered into with <strong>the</strong> Orange ~State in 1854, was founded upon <strong>the</strong> above; and howthat was interpreted (and has been, ever since its<strong>or</strong>igin, until <strong>the</strong> discovery of <strong>diamond</strong>s) is fully explainedin a reply from <strong>the</strong> Office of <strong>the</strong> Secretary ofState f<strong>or</strong> <strong>the</strong> Colonies, dated "Downing Street, July22nd, 1853," to"A mem<strong>or</strong>ial agreed upon at a meeting of delegates from <strong>the</strong>committee of <strong>the</strong> societies <strong>the</strong>rein named, relative to <strong>the</strong> conduct of<strong>the</strong> boars towards <strong>the</strong> natives in <strong>the</strong> Trans-Vaal territ<strong>or</strong>y . • •"The Duke of Newcastle requests that you will state ••• that<strong>the</strong> Jriendly offt081 of <strong>the</strong> British Government . . . shall be usedto induce <strong>the</strong> Trans-Vaal boars to respect <strong>the</strong> rights of <strong>the</strong> natives,bnt 88 <strong>the</strong> Oonvention with those boers recognized <strong>the</strong>ir independence,anv act oj intwjwtmU wAtoA migAt lIatl to coUilion.; totally oatoj til, fJuo,tion.".England's honour, and her treaty obligaHons, wererespected in those days!Having proved by <strong>the</strong> stipulations of <strong>the</strong> two existingTreaties with <strong>the</strong> <strong>South</strong> <strong>African</strong> Republic and <strong>the</strong>Orange Free State, as well as by <strong>the</strong> unmistakeablew<strong>or</strong>ds and interpretation of a f<strong>or</strong>mer British Government,that England had no right whatever to interferein Waterboer's case-no right whatever to do m<strong>or</strong>ethan she would have dared to do with Prussia <strong>or</strong> <strong>the</strong>• Vide p. 87, Blue Book, No.3, .. OraDge River O<strong>or</strong>respondence1951-4."Digitized by Goog Ie


FELONIOUS INTEXT OF THE LATE CAPE RULEUS. 2:3nUnited States, viz., use her" friendly offices," I willnow proceed to point out <strong>the</strong> unfriendly, hostile, andunwarrantable course really pursued towards <strong>the</strong> FreeState, in <strong>or</strong>der to steal its <strong>diamond</strong>-<strong>fields</strong>.As we have'· seen, <strong>the</strong> result of <strong>the</strong> meeting atNooitgedacht transpired in Presid~nt Brand's Proclamation.By <strong>the</strong> despatches I am <strong>about</strong> to quote, bearingdate 15th and 19th September, 1870, written by <strong>the</strong>Colonial Government in reply to, <strong>or</strong> in consequence ofthat Proclamation, it will be seen that instead ofcausing <strong>the</strong>ir c<strong>or</strong>respondent Waterboer, <strong>the</strong> plaintiff tolands nei<strong>the</strong>r <strong>the</strong>n n<strong>or</strong> ever bef<strong>or</strong>e in his possession,to prove his case, <strong>the</strong>y not only at once accepted andend<strong>or</strong>sed his mere ip8e dixit, his ex-parte statements, butactually so far outraged <strong>the</strong> entire letter and spirit ofBritishjurisprudence as to call, with a cool and unparalleleda.udacity, upon <strong>the</strong> defendants, <strong>the</strong> Orange FreeState, to prove its title to its own property; its claimto territ<strong>or</strong>y de lure and de facto its own; its right, infact, to itself!From <strong>the</strong> 15th September, 1870, we may date a newera in <strong>the</strong> political hist<strong>or</strong>y of <strong>Adamantia</strong>, which maybe described as thc controversial period, <strong>the</strong> beginningof which was initiated on <strong>the</strong> da.y mentioned by <strong>the</strong>first despatch from a British official calling in questioll<strong>the</strong> right of <strong>the</strong> Free State to that territ<strong>or</strong>y, and affirming<strong>the</strong> claims of Waterbocr.In <strong>or</strong>der to justify <strong>the</strong> w<strong>or</strong>ds of my preface, as to <strong>the</strong>" gro88 miareprc8eniationB and false evidence" supplied by<strong>the</strong> Colonial Government,-<strong>the</strong> "selfish, illegal, anddishonourable combination to plunder <strong>the</strong> Free Stateof <strong>the</strong> <strong>diamond</strong>-<strong>fields</strong>, "-I find <strong>the</strong> best way win be toDigitized by Goog Ie


240 COlIl[F~~C}O:lJ.E~·l· O~· THE CONTROVERSY.subject <strong>the</strong> despatches of that Government to criticalanalysis by <strong>the</strong> plan of parallel columns ... .. Government House, Oape Town, 15th September, 1870." His Honour <strong>the</strong> President of <strong>the</strong> Orange Free State.DBBPATCK.REVARXIJ •.. Sir, - I observe by <strong>the</strong> Althou.rh this is <strong>the</strong> leastF,UtuI of tM Fru 8e.u news- imp<strong>or</strong>tant of <strong>the</strong> despatches inpaper of <strong>the</strong> 8th inst., that you question, so far as my object ishave, by Proclamation dated at concerned, it still has some his­Klipdrift, on <strong>the</strong> Vaal River, <strong>the</strong> t<strong>or</strong>ical value as being <strong>the</strong> begin-29th August last, proclaimed Ding of <strong>the</strong> dispute between <strong>the</strong>certain lands n<strong>or</strong>th of <strong>the</strong> Vaal British Government and <strong>the</strong>River, and commonly called <strong>the</strong> Orange Free State, and it alsoCampbell lands, to be Free State proves <strong>the</strong> previous c<strong>or</strong>respondproperty,by virtue of a deed of ence, <strong>or</strong> understanding, existingsale, dated 26th December, 1861, between Waterboer and <strong>the</strong> 00-executed by Mr. Hemy Harvey, lonial auth<strong>or</strong>ities.purp<strong>or</strong>ting to be <strong>the</strong> auth<strong>or</strong>ized That w<strong>or</strong>d" purp<strong>or</strong>ting," inAgent of Captain Adam Kok. <strong>the</strong> first despatch, shows <strong>the</strong>mmU8 of <strong>the</strong> Colonial Government.(a.) .A.nd a. I am in communication(a.) That <strong>the</strong> Colonial Govern­witA tM GrifJUII CAi4f Wat".­ ment being" in communicationbo~r on tM 8IIbj~t 0/ land. cllJinutl with Waterboer," and entertainingb!l Mm, aM OrJ". which M and 'hi.peopu appear to H tIuirow t'hat "<strong>the</strong> subject of lands claimedby him" from <strong>the</strong> Free State,Her Jiajut!l tM Quem ,lIoultl 6Zercia~80rJer~ignt!l, I,JudZ b6 glad if hostUe to <strong>the</strong> Free State, iswas illegal, was unfriendly and!IOU willfurniaA nu with any proof.!lour Government mav po"u. 1'6-.ptcting Baid purcllllB~ from Nr.H. Ha,.,'Y, aM of Ail auth<strong>or</strong>it!lto ull in eM '""'" of .A.dam Eol,lIB well til of .A.tlam Eol'. titl~ to,uch lands.proved by <strong>the</strong> terms of ".A.rl.IL of <strong>the</strong> Convention of 1854,as well as by <strong>the</strong> Treaty with<strong>the</strong> Trans-vaal boars, and by <strong>the</strong>w<strong>or</strong>ds of <strong>the</strong> Duke of Newcastle-<strong>the</strong> three official papers quoteda few pages bef<strong>or</strong>e.No doubt Waterboer was2. By communications receivedbyme from <strong>the</strong> ChiefWaterboer,"desirous that Her Majestyshould exercise Sovereignty "• Vide p.4, Oape Town Blne Book, No.1, 1871.Digitized by Goog Ie


Fm:;T OFFlCUL NOTICE OF THE "LINE" CLAIMED. 241it appears that he not only claims<strong>the</strong> OampbeUlands on <strong>the</strong> rightBank of <strong>the</strong> V &&1 River to beGriqna territ<strong>or</strong>y, but also landson <strong>the</strong> left bank of <strong>the</strong> saidriver, extending to lines drawn(6) fro. llanaah. on tM OrangeRiwr to ' ])aoill', . GraJ,' mtlr tMconfounc, of t46 Ri,t anti HolderRifJw" anti tkenCl to Platberg ontile Yanl Rj'G,r.3. "It will. become my dutysh<strong>or</strong>tly to bring <strong>the</strong>se matte1'8under <strong>the</strong> consideration of HerMajesty's Government, and Ishall be glad if your Honourwill be pleased to favour mewith (c) inf<strong>or</strong>mation relative to<strong>the</strong> title, if MIll (lie), possessedby <strong>the</strong> Orange Free State to<strong>the</strong> lands east of <strong>the</strong> Vaal River.4. "I am aware that <strong>the</strong> FreeState claims <strong>the</strong>m, but I am notin possession of any proof oftitle.5. "I find that my predecess<strong>or</strong>in oftice, who was requested.by your Government and by<strong>the</strong> Ohief Wat&rboer to arbitratebetween <strong>the</strong>m respecting<strong>the</strong>ir (11) 'UrritDrial rigAel,BDg!ested to you, on <strong>the</strong> 24thAugust, 1869, that you shouldoommunicate to him clearly andiistinotly <strong>the</strong> I8veral questionsin which <strong>the</strong> disarreement Bubover<strong>the</strong> <strong>diamond</strong> <strong>fields</strong>, <strong>or</strong> <strong>Adamantia</strong>,which is just <strong>the</strong> territ<strong>or</strong>yout off from <strong>the</strong> Free Stateby <strong>the</strong> "lines" mentioned! Itwas <strong>the</strong> only way he could geta finger in <strong>the</strong> <strong>diamond</strong>iferouspie, f<strong>or</strong>, certes, with his wretched200 yellow-skins '" could n<strong>or</strong>wrest it by f<strong>or</strong>ce from <strong>the</strong> FreeState! But by what title, law, toauth<strong>or</strong>ity does <strong>the</strong> ostensiblewriter of <strong>the</strong> despatc~, GeneralHay, prove that he bad anyright to thus question <strong>the</strong> FreeState in Waterboer's interest?Have we not shown that his dutywas exactly <strong>the</strong> reverse? Thatonly "friendly offices" werejustified?(b) This is <strong>the</strong> first officialdeclaration of, and claim to <strong>the</strong>line from "Ramah, tlU1. lJMJUl',GrflJ, to Platberg," by <strong>or</strong> f<strong>or</strong>Waterboer.(0) General Hay should haveread <strong>the</strong> Convention of 1854, ascertained<strong>the</strong> titles given overby <strong>the</strong> Sovereignty, and havefound out how all his predeces­SOrB in <strong>the</strong> gubernat<strong>or</strong>ial officehad acted, <strong>the</strong>n he would haveknown what " title" <strong>the</strong> FreeState" poaaesaed"! It is difti.­cult to believe that a BritishGeneral, Govern<strong>or</strong>, and HighOommiasioner f<strong>or</strong> <strong>the</strong> Oape canhave been really 80 lamentablyign<strong>or</strong>ant of his duties, of <strong>the</strong>previous political aad generalhist<strong>or</strong>y of <strong>the</strong> oountry! Onewould think, instead. someICDigitized by Goog Ie


24'2 Anima OF THE CAPE GOn:RNlIt:~T."', .. be ~ed byaUetcIl of iiIe oo_try, __ gtile pMeipU c1iIputed poiafB,whioll does .ot appear .. ,Itto haTe been 00IIlp1iec1. with.6. (.) UDder ell tit .. oireometaD..a,I take leave to ean-tthat it will be premat.e fer <strong>the</strong>GogerIB_t of .. Orate Freeeta ... JIIIG088i to <strong>the</strong> ph.fBgfA ~ .. ..... in tile~ befon-lIM!IltioDed• he na intati.ea,-_ await­Dc your .py," I me, &e.,IC C.lIAy,"Lieut.-Gen., ad High Commi_oner."siUIter motive existed f<strong>or</strong> <strong>the</strong>p.retenoe.(l) This ie a milstatemat;<strong>the</strong> right to <strong>the</strong> CamphU-Madswas cdl'erecl fat: arbitreti._ .belthat oBer humS beeR ugafivedaud withdrawn, <strong>the</strong> abjectJaaviBg heeD. settled w .. defunctanc1 irreJevaDt. 0-_ Haydemands compliance. Compliancewith what? The FreeState'. own obsolete wishee ?(.) The arrogauce of this unjueti6ahleand cowarclIy menaceis 81lprem8!W oula GeoenlHay a ... dued to make it to amilitary power, say France <strong>or</strong>Getmauy ? By what right didhe break <strong>the</strong> convention of 1854,&0., aud f<strong>or</strong>bid <strong>the</strong> Free 8taIJe toplant beaCQD8 to ita OWB (<strong>or</strong>alleged) teait<strong>or</strong>y? Does not <strong>the</strong>.. __ fwrtmtli, B8 app1iec1. to tile<strong>diamond</strong> <strong>fields</strong>, already begin toappear?The Government of <strong>the</strong> Free State haying early inSeptember appointed a. special Commissioner f<strong>or</strong> its<strong>diamond</strong> <strong>fields</strong>, <strong>the</strong>n beginning to get rapidly throngedwith diggers, <strong>the</strong> Coloni.a.l Government became furious,oouidering that act, no doubt, 88 inimical to <strong>the</strong>irplan <strong>or</strong> intention to obtain, through 'Vaterboer; <strong>the</strong><strong>diamond</strong> <strong>fields</strong> f<strong>or</strong> <strong>the</strong>mselves. In no o<strong>the</strong>r way' can<strong>the</strong>ir interference at all,-<strong>the</strong> temper <strong>the</strong>y displayedat this neWl, and <strong>the</strong>. pnrtizanship of which thcirwery despatch convicts <strong>the</strong>m,-be acoounted f<strong>or</strong>.On <strong>the</strong> 19th September, onlu four daos after tilefirst despatch, <strong>the</strong>y threw oft' <strong>the</strong> faint mURk of impar-Digitized by Goog Ie


GE~ERAL H.\ V'S ARROGANCE. 243tiality, and clearly took sides with Waterboer, by thofollowing insolent, illogical, undiplomatic, and ill-temperedcomposition :-• "Governtnent House, Cape To\vn, 19th September, 1870." Bis Honour <strong>the</strong> President of <strong>the</strong> Orange Free State.DESP.4TCK." Sir, - Since addreaing toyou my deepatco of 15th inat.,I have observed by <strong>the</strong> publicnewspapera that your Goveramentha.a, after issuing <strong>the</strong> Proclamationto whioh in that- communicationI alluded, (II) ltI1mfurth" lICtiOft, and appoioted aMr. O. J. Trnier to be Commiasionerf<strong>or</strong> <strong>the</strong> <strong>diamond</strong> <strong>fields</strong>,and J utica of <strong>the</strong> Peace f<strong>or</strong><strong>the</strong> whole State, including, Ipreaume, <strong>the</strong> territ<strong>or</strong>y claimedby <strong>the</strong> Chief Waterboer, and, ifeo, ""..",.", juri"z,Dtitm over alarge number of Britiah aubjectaat present residing within thatterrit<strong>or</strong>y."I, <strong>the</strong>ref<strong>or</strong>e, deemit my dutyto draw you Honour's attentionto cert&in/.utI" (?) "respecting<strong>the</strong> territ<strong>or</strong>y in question, asshown by documents in myposeeeeion; and to acquaint youthat (6) I ,MIl at ont\t ;",., "HIItiN to fill Bn'til!a niycct" warlf-RUURKS.(a) What does General nayintend to imply by this expression? It is a case of l1luddystream to!' tlt.e hUDgry wolf' !Why should not <strong>the</strong> Free StateGovernment have u taken furt/leractioll," by appointing a. specialCommissioner in ita own tenit<strong>or</strong>y?Mr. Trnterwas placed atPNIEL,-proved, in our reviewof Wawboer's ..4.Mlzwe No.8,Chapter IX., to have been soldby C<strong>or</strong>aeliua Kok to <strong>the</strong> Berlinllisaionary Sooiety, twenty-fiveyean ago, and never since, tillnew, claimed by ei<strong>the</strong>r of <strong>the</strong>Waterbo81'8. F,.o", tM Y'tfr 1854,m<strong>or</strong>eo,,", Pniel Wal alIDa" ;11-,1utHtl witlain eM ';'rildiction 0/ aFr'fJ SeaU Jiag;,trtlD!l,-/<strong>or</strong> f,ar,elia' of J-'Nl! Is this nineteenyears' legal poueeaion to be de<strong>or</strong>ibedas "auum'''' juriltlict;on" ?General Hay's face, will befound of <strong>the</strong> nature of those ofwhich it haa well been 8Il.id,"<strong>the</strong>re is nothing 80 fallacioUBas 'figures,' except' facta.' II(6) This notification was tantamountto a declaration of war,as issued against a friendly• Vide p. 5, Cape Town 'Blue Book, No. I, 18il. .I~ 2Digitized by Goog Ie


244ing tlwn alJainat bein9 partiea to1M of territ<strong>or</strong>ial n'ghtluVER (c) EEI~£uNOINENATIVE CJlIEFS UD PBOPLE, byin any way aiding and abettingU1111ch 88I±1MlZzII>tion,ack1Mlz>1Ml~u0zdging thEse and<strong>or</strong>der that all may understandtbe aspect which <strong>the</strong> presentlI~utition affairt t~uu"1II8 tobear, shall thismy previous despatch and o<strong>the</strong>rdncumen£z:i eluoidutiun <strong>the</strong>tr:IIu!~" You are aware that long befzzzeSir Harry Smtih. . . liroduimedofMajesty <strong>the</strong> Queen of Englandover certain territ<strong>or</strong>ies n<strong>or</strong>th ofHIe Riverz Majuutdwas in n]7iuuce bytIIuET,ty (d)<strong>the</strong> Obief Waterboer . • andthat <strong>the</strong> territ<strong>or</strong>ies of <strong>the</strong> saidhHzief Wzzni KiOt inddud infIner whiIh her M1Mljuuty's SU1Mli(f~reignty was proclaimed." Bef


THE GENEIU.L GARBLES AND J:'ALSIFIES DOCUMENTS. 245trtlet from II tDrittm agrHmmt <strong>the</strong>n-entered into between Waterboer.and Adam Kok, <strong>the</strong> Griquapeople divided <strong>the</strong>mselves intotwo separate and independentp<strong>or</strong>tions; one p<strong>or</strong>tion to remain.under <strong>the</strong> supremacy ot AndriesWaterboer, <strong>the</strong> predecess<strong>or</strong> ot<strong>the</strong> prelJeilt Captain NicolasWaterboer, as chief, and resident.at Griqua Town, <strong>the</strong> o<strong>the</strong>r p<strong>or</strong>tionunder mat ot Adam. Kok,whose residence was at Philippolis.By that agreement it wasstipulated that Waterboer's Eastemboundary should be (j) nOMRAluJI NOB.THW.A.JU) TO PLA.TlJEB.G.And so much of this boUndary". mmd& (jJ) "'om RamiIA on til.Orang6 R,fJ'" to D(J1)id', (}raj, near<strong>the</strong> confluence ot Riet and Mod­.der Rivers, hl!8 frequently since,.in treaties and o<strong>the</strong>r publicdocuments, been admitted byKok and Watt<strong>or</strong>boer, and by <strong>the</strong>Govern<strong>or</strong>s of this Colony, to be.that dividing <strong>the</strong> two p<strong>or</strong>tionsof <strong>the</strong> Griq.t8 territ<strong>or</strong>y (Ii). The.continuatiou of <strong>the</strong> eastem boundaryof Watttrboer n<strong>or</strong>thwardsfrom David's Uraf to Platbergi, not lwOtlgN f<strong>or</strong>ward in tM latterof tJu.., fltwtdtular rlocummtl 'witA1M ,11m, fWomintmCl, by reason of<strong>the</strong> fact that in all of <strong>the</strong>mAdam. Kok's territ<strong>or</strong>y was treatedas confiued on <strong>the</strong> n<strong>or</strong>th by <strong>the</strong>line ot <strong>the</strong> Mo(Mer River; andshould have taken <strong>the</strong> troubleto ascertain.(,) This " annexed agreement"is none o<strong>the</strong>r than Waterboer's.An1Uftt" No.6, ot whichwe disposed in Chapter VIII .It will be seen that GeneralHay fully accepts all Waterboer'sfalse and crafty case-­<strong>the</strong> main object being to ign<strong>or</strong>eC<strong>or</strong>nelius Kok .(f) General Hay here actuallydescends to garhl' and fallifv<strong>the</strong> spurious document he pretendsto quote! This is <strong>the</strong> passage:"The boundary ot <strong>the</strong>Western p<strong>or</strong>tion, ruled byAndries Waterboer at GriquaTown, will be FROM RAxAK oxTHE EAST, ALONG THE BOUNDARYOFTHE CoLONY WESTWARD TOKuBIS, AND NORTKW ARDS TOPUTlJERG .....(jJ) This is a gross misrepresentation.No lIuch ':rtmt ofboundarv i, mmtioMd: no IIIChplaCl QI "IJllfJitf, Graf" i8 ,rmM""d in <strong>the</strong> spurious a.greement,Waterboer's A.nnuurtJ No .. 5 !The line from Ramah to David'sGraf having been madelIubsequent to 1840, could nothave been descril»ed by an" agreement" dated 1838. It"ktu trequently Binre, in treaties,&0., been admit ted by Kok andWaterboer, &c."; hut". II h()lJ,nclaryh,tw"n tM Captlli", .Adam• Vide pp. 7 a.nd 73, Cape Town Blue Book, No.1, IBil, and p. 34,Annexure., O.F.S. Blue Book, .. Minute. of Meeting Ilt Nouitlredacht."Digitized by Goog Ie


246 FURTHER lIISREPRESENTATIOX.consequently with Waterboer'sEastern boundary, N<strong>or</strong>th ofDavid's Graf, Adam Kok hadno coneern.(i) ., So far, <strong>the</strong>ref<strong>or</strong>e, <strong>the</strong>sedocuments appear to substantiate<strong>the</strong> claim which Waterboermaintains to lands n<strong>or</strong>thwardand westward of lines drawnfrom Ramah to David's Graf,and <strong>the</strong>nce to Platberg." But your Government allegesthat in <strong>the</strong> year 1861, and, consequently,subsequent to <strong>the</strong>dates of <strong>the</strong> documents abovementioned, it has become pos­"essed of certain p<strong>or</strong>tions of <strong>the</strong>territ<strong>or</strong>y held by Waterboer tobe his, by virtue of <strong>the</strong> sale and'9SI!ion made to it by one HenryIIarvey, tl8 <strong>the</strong> agent of AdamKok, who, it is said, sold, !Iond<strong>the</strong> Government of <strong>the</strong> Freead C<strong>or</strong>ru/itu Kol:-Plot ll'iltw­_ .' As we have preyiowyshown, he never had anythingtodo with that line, until <strong>the</strong>­Free State, in 1855, was <strong>the</strong>first to recognize his right to­Albania, between that lino and<strong>the</strong> Vetberg line. (See pp. 71and 82, Chapter IV.)(h) Ano<strong>the</strong>r misrepreeentation!General Hay BaYs that <strong>the</strong> continuationof <strong>the</strong> line "fr....DtIrM', Grllf to Pl.t6"., " fIOtbrough' l<strong>or</strong>tlJtlrtl ",itA tM .1IHprominmCIJ." - Why, it is not.mentioned at all !(t) As we have proved aDdargued already taqw till fI4I1IIMR,no ,ucA li,., (JDlr uilt.d; vntil, inIflct, it WflI f<strong>or</strong> eM f)(Jry jir,t tilMofficially IInd<strong>or</strong>"d aM dllCriJed by(flfUrtll HfIV' The whole ofthis fraudulently trumped-upcase rests upon <strong>the</strong> validity ofWaterboer's AnPIIZtII'tJ No.5, <strong>the</strong>alleged"agreement" of 1838,which is dist<strong>or</strong>ted and misquotedto try and make out a line from"Ramah n<strong>or</strong>thwards to Platberg,"whereas, in letter, a line isdescribed from Ramah ",,,tw.rtl,­to K~III", and tM1&C# "<strong>or</strong>t/w;.,.tlI toPlatlJllrg' How po<strong>or</strong> "David'sgrave" is drawn into <strong>the</strong> matter,nei<strong>the</strong>r W aterboern<strong>or</strong> his backersdeignto explain. Of course, <strong>the</strong>responsibility to prove that <strong>the</strong>spurious"agreement" was ful.filled, and <strong>the</strong> alleged line evermaintained, rests upon 'Vaterboerand Co. i but to do <strong>the</strong>se-Digitized by Goog Ie


CONTINUED ?tIISTATEMENT8. 247State purchased, not only <strong>the</strong>lands still remaining B8 AdamKok'l, but also <strong>the</strong> lands ofC<strong>or</strong>nelius Kok, (i). II __ Ill"6""* 0/ A.tlmn Eok, who sa Ai,Ii/d."., rmthd tit CtlmpHU.CC With regard to this allegedsale and purchaae, Waterboerrepresents :-cc lIt. (i) That C<strong>or</strong>nelius Kokwas a British subject, b<strong>or</strong>nwithin this colony, and resident<strong>the</strong>rein until of age ; after whichhe came to Griqua Town, (I) tinateM h!l .Andria '1YtIt6r. appointlllfS Pltty oJicw flndW hi.90fJernmmt and stationed atOampbell, where he continuedto reside, and where he exercised<strong>the</strong> auth<strong>or</strong>ity deputed tohim by Waterboer until deprived<strong>or</strong> office f<strong>or</strong> misconduct." 2nd. (m) That during all thistime. and <strong>the</strong>reafter until <strong>the</strong>death of O<strong>or</strong>nelius Xok, nofreeh treaty <strong>or</strong> agreement hadbeen made between Waterboerand Adam Kok, :reepectingboundariee.things, <strong>the</strong>y have not yet(Jannary,1873) condescendedevidently(and rightly <strong>the</strong> resultproves) deeming <strong>the</strong> tsrpmmtu",haculinum suflioient.U) The duplicity of representingO<strong>or</strong>nelius Kok thus, whenhe was <strong>the</strong> Oaptain and supremeChief of Oampbell, is moat apparent.(i) This applies equally toAndries Waterboer, <strong>the</strong> mstOhief of that name.(I) The '''''r6/_1w<strong>or</strong>J of thisstatement, we have alreadyfully proved (see, in eapecial,pp. 36 to 39, Ohapter n., pp.71-2, and 82, Ohapter IV.; <strong>the</strong>review of .A,.,..",r6 No.6, ChapterIX., and Ohapa. vn., VIII.,IX., and X. generally). Not one<strong>or</strong>der <strong>or</strong> command of a Waterboerto C<strong>or</strong>nelius Kok has everbeen produced! Not an atomof proof of his alleged depositionhas ever been f<strong>or</strong>thcoming!And we have seen that in 1867he abdicated by his own will infavour of Adam Kok! andthat Waterboer never protested!(m) With regard to this paragraph.it is firat of all necessaryf<strong>or</strong> Waterboer and Co. toprove <strong>the</strong> existence and executionof <strong>the</strong> alleged cc treaty <strong>or</strong>agreement" of 1838.(n) General Bay, in supp<strong>or</strong>ti,ngthis statement, displays,ei<strong>the</strong>r gr088 ign<strong>or</strong>ance <strong>or</strong> groIBbias, if not something w<strong>or</strong>se.Digitized by Goog Ie


248 DELIBERATE FALSIFICATION.,e 3rd. (n) nat Comeli .. Eo!W no territ<strong>or</strong>ial rigAu, n<strong>or</strong> hadAdam Kok any auth<strong>or</strong>ity to sell,n<strong>or</strong> in :£act, did he, by his poweraf att<strong>or</strong>ney, (0) auth<strong>or</strong>ize Har­-rey to sell any p<strong>or</strong>tion of <strong>the</strong>Campbell Lands, over whichC<strong>or</strong>nelius Kok's petty jurisdictionhad at one time extended;and that his said power of att<strong>or</strong>neyto Harvey was limited strictlyto lands vested in him in hiscap'acity as chief of <strong>the</strong> Griquasof <strong>the</strong> town and district of Philippolis,to which <strong>the</strong> Campbelllands never belonged, and containsno reference to any landsclaimed by him as lIeir to C<strong>or</strong>nil;""Kok,-(P) wAitA, in Jaet,JY at".lJo". lII8IrU '" Will not ••" In supp<strong>or</strong>t of <strong>the</strong> f<strong>or</strong>egoingpropositions, W aterboer refersto <strong>the</strong> agreement of 1838, ando<strong>the</strong>r documents, among whichare <strong>the</strong> following, viz. :Co (A) A letter from Adam Kokand his councill<strong>or</strong>s to Govern<strong>or</strong>Sir Ge<strong>or</strong>ge Napier, dated12thNovember, 1843, (g) in whichreference is made to <strong>the</strong> ,aUlEi<strong>the</strong>r he did not know of <strong>the</strong>f<strong>or</strong>mal recognition of OomeliuaKok as <strong>the</strong> territ<strong>or</strong>ial Chief ofCampbell by <strong>the</strong> deapatoh from<strong>the</strong> Oolonial Govemment-(..4. ....nu;w, No.1, quoted fJW6atiraat <strong>the</strong> beginning of Chapter X.)-<strong>or</strong> he chose to ign<strong>or</strong>e it.(0) The remainder of <strong>the</strong> " 3rd"proposition is an intentionalmistatement and garbling offacts.We have seen that AdamKok W "auth<strong>or</strong>ity" over <strong>the</strong>Campbell lands by his uncle'sabdication in his favour in 1857 ;<strong>the</strong> power of attomey-( quotedatp. 91, Chapter v., in eztluo)­gave Harvey tutlimited auth<strong>or</strong>ityto sell and dispose of all AdamKok's territ<strong>or</strong>y, including. ofcourse, that of <strong>the</strong> late Oomelius;<strong>the</strong> "deed of sale "-(quoted.in eden,o, p. 93, Chapter V.,)­expressly declares th&t Mr. Harveyhad special auth<strong>or</strong>ity to sell,not only Adam Kok's land, but" liuu;i81 tl,at ojtll6 laU COl'1leli",Ed!" Adam Kok agreed tothis, took <strong>the</strong> money in payment,and Waterboer never objecteduntil now!(P) Our review of <strong>the</strong> FreeState document, ..4.nnezure No.23, in Chapter x., effectuallyproves, by his own w<strong>or</strong>ds, thatAdam Kok Will <strong>the</strong> "la/llJulmr­CI8,<strong>or</strong> " of Comelius.(g) Reference is not made to" said treaty, " only to "atreaty," which is not in anywaydescribed, and cannot be identiDigitized by Goog Ie


GENERAL HAY MISQUOTES TilE EVIDENCE. 249tr'M!I with Waterboer as defining<strong>the</strong> boundary between <strong>the</strong>latter and <strong>the</strong> writer."(D) A circular le~r addressedby <strong>the</strong> (r) late Colonial Secretaryof this Oolony, Mr. Montagu,to A. Water boer, AdamKok, and Moshesh, dated 18thApril, 1845, requesting answersto several queries respecting(among o<strong>the</strong>r thing8) <strong>the</strong> linesand conditions of <strong>the</strong>ir respectiveboundaries, in how far <strong>the</strong> samewere defined by treaties, andwhat tribes were <strong>the</strong>ir neighbours;(II) with <strong>the</strong> answers<strong>the</strong>reto of Adam Kuk and A.Waterboer, each of "hum agreesin conllidering <strong>the</strong> o<strong>the</strong>r as hisnext neighbuur, and admits that<strong>the</strong> line between <strong>the</strong>m had beensettled by treuty.cI (c) A paper addressed byAdam KOk to W uterboer, iu1848, reprellentiug that, as manyof'his people wert! leaving <strong>the</strong>Philippolis districl, (t) and pro­",ding to CO'fllphelt, <strong>the</strong>y would intomtfUt1lC6 he hlll/ond 1m juriBdiction,and within that oj Wat,rhotr."(D) The powl"r of att<strong>or</strong>neygranu.d by Adam Kok tolied. The only " boundary "mentioned between <strong>the</strong> writerand Waterboer is tM piau"Ramah." Not a w<strong>or</strong>d is saidof <strong>the</strong> pseudo line "from .RMnd~id Dar;itl', Graf to Plathtrg!"(r) Is it not at least singularthat General Hay can supp<strong>or</strong>ta certain circular letter addressedto A. Waterboer by <strong>the</strong> lat,Colonial Secretary, but remains80 calmly oblivious to <strong>the</strong> letter<strong>or</strong> despatch addressed to C<strong>or</strong>neliu8Kok, by tht' F"me ColonialSecretary, on <strong>the</strong> 1st May,1848 ?-Anntzvrs No.1, of <strong>the</strong>Free State C8119.(II) These answers (Annezur"NOlI. 7 and 8 of Water boer's case)have been already fully noticedin Chapter IX. We need onlyagain observe that only <strong>the</strong>kraGl, Ramah, is given as <strong>the</strong>boundary between <strong>the</strong> two Chiefs,and that nothing is said of a line"jrOfn Ramah rid David'II Graf,to Plathtrg ! "(t) This is a gross misq 110tati.)n.The" papel'" (AnnuursNo. 13, reviewed in Chapter IX.)di8tinctly mentions two di8tricts,dz., "<strong>the</strong> districts of Campbelland GriqUII TUICIJ," but onlygives 'Vaterboer power over one,to punish subjects of AdamKole's "guilty of :my crimewhatever w;'tllin tJ,~ juri8dictionof Gri1U11 TOlCn," not Camp­bell!--------------------------• Vids J). ~, Auno:xurtlB, O. F. S. Blue Book, .. Minuted of Meeting atNooitgedac:ht."Digitized by Goog Ie


250 GENERAL HAY'S MENDACITY CONTINCED.Harvey, under which <strong>the</strong> sale to<strong>the</strong> Free State was made. (M)"(B) A notice publiBb.ed byAdam Kok, dated 15th NOTember,1862, in which he denieshaving auth<strong>or</strong>ized <strong>the</strong> eale ofany rights to land n<strong>or</strong>th of <strong>the</strong>Vaal River. (r)"(F) A letter addressed toWaterboer by <strong>the</strong> President of<strong>the</strong> Free State, dated 28thApril,' 1862, after <strong>the</strong> date of<strong>the</strong> alleged sale, in which thowriter ( ID) admit. W tltlrbow',r;gkt of jll";'diction on eM 18ftbank of tM Vaal Ric", and invitesa meeting at Jacobsdal, a placenear David's Graf, whioh latterSPl)t Waterboer (x) Iuu MlDa!!,claimed 0.8 one of <strong>the</strong> definingpoints of hi8 boundary."These documents certainlyappear to me to 8how a strongprima facu case in lavour of(!I) Waterboer', NUke of 'Of}wftgni!!ow·ths tm'it<strong>or</strong>g which your proclamationcla.im8 as belonging to(u) We have already sufficientlydealt with this documentin Chapter V. By it, if AdamKokwas <strong>the</strong> "lawfulSUCC88llOr'Fto C<strong>or</strong>nelius, all <strong>the</strong> latter's landWM aold.(II) General Hay overlooks <strong>the</strong>fact that this "notice" (reviewec1.at p. 97, Chapter V., and as.4.maaur, No. 36, Chapter IX.)fulZ, _mit. eM..u of til ltmtlIcmIe eM 80utlt kni of eM VNlRi".,.,of eM Mil Oo,.,..u.. Koi," nowclaimed as Waterboer'e!(to) This is an inexcusablemisrepresentation. The" letter"(fully noticed as .4.nftIZIIrf No. 30,Chapter IX.), points out Waterboer'sinefficient j uriadiction, butapplies to ..4.16.,.;', recognized,after <strong>the</strong> treaty of th~ Vetbergline in 1855, and ever Bince by<strong>the</strong> Free State, as his only territ<strong>or</strong>y"on <strong>the</strong> left bank of <strong>the</strong>Vaal! "(x) This is simply untrue.Until 1863-4, Waterboer ,,"6Tclaim6d David's Graf, but <strong>the</strong>nMr. David Arnot's IUpposedmachinations led to an indirectclaim; <strong>the</strong> first direct claim W8&made in 1870, after <strong>diamond</strong>awere discovered, and GeneralHay hal <strong>the</strong> honour of being<strong>the</strong> first to supp<strong>or</strong>t <strong>or</strong> recognise<strong>the</strong> p8eudo line "cna David'sGrat."(1/) This perverse view displays<strong>the</strong> strong predeterminedbias in favour of Waterboer.Not on6 of 'M ,. 400.""""" 11111&Digitized by Goog Ie


Suppressio veri 8uggestio falsi. 251<strong>the</strong> Free State. (z) And as,though requested by my predece880rto farnish him with aplan, descriptive of <strong>the</strong> boundariesclaimed by your Government,and proofs of such of <strong>the</strong>mas you were in a position to prove,you "are tkclinerl, <strong>or</strong> at leadomitted, to furnish any suchproof, I feel bound, provisionally,to f<strong>or</strong>m my opinion upon <strong>the</strong>evidence bef<strong>or</strong>o me."This being so, and <strong>the</strong> ChiefWater boer having always actedin a faithful and friendly mannertowards Her Majesty's Government,I think I should not beacting fairly by him if I BlwtlltlaliolD, without remonstrance <strong>or</strong>oppOlil;on, what at present, andin <strong>the</strong> absence of proof to <strong>the</strong> "contrary, I must consider as an1llyuBtijialJle w.croaclmunt uponiii. irukpencHnt rigAt8. Aud I<strong>the</strong>ref<strong>or</strong>e notify to you that I donot acknowledge <strong>the</strong> claim ofsovereignty put f<strong>or</strong>ward in yourproclamation within <strong>the</strong> limits of<strong>the</strong> territ<strong>or</strong>y in dispute betweenyou and Waterboer over allysubjects of her Majesty resident<strong>or</strong> being <strong>the</strong>rein."The concourse of people at <strong>the</strong>cliamond <strong>fields</strong>, however, hasl"eceived my close consideration,and with a view to prevent <strong>the</strong>commission of crime <strong>or</strong> outrageas,erta llu EXERCISE, at any lime,01 that clliif', BOIJ,reigntg <strong>or</strong>wllu territ<strong>or</strong>y in fjUe.tim - tMCamplJelllanu !(z) From this point to tho endof his despatch, General Hay exhibits<strong>the</strong> animUB of <strong>the</strong> ColonialGovernment, its wilful perversionof not<strong>or</strong>ious facts, all of whichmust have been m<strong>or</strong>e familiarto it than to <strong>the</strong> public; its arrogant,hostile, and aggressive dis-. position to <strong>the</strong> Free State, and(proved by its subsequent ncts)its determinntion to obtain thoprecious <strong>diamond</strong> <strong>fields</strong> by supp<strong>or</strong>ting,per JaB It neftll, <strong>the</strong> insignificant,petty chief, Waterboer.The faC!' that <strong>the</strong> "plan" and!" proofs" asked f<strong>or</strong> by his predecess<strong>or</strong>,tlJaB throUflh tlu relJuutof tlu Free State, and that by <strong>the</strong>duparturs of <strong>the</strong> said predecess<strong>or</strong>,and <strong>the</strong> withdrawal of <strong>the</strong> casefrom arbitration, in consequence,<strong>the</strong> matter had terminated, t""'"pprel8erl, and it is falsel,.stated that <strong>the</strong> Free State "declined" to supply evidence !What does General Hay meanby <strong>the</strong> gasconade, if he "shouldtallow" <strong>the</strong> Free State to hold itso\vn against Waterboer withoutcc opposition? "By what known right, titltl,<strong>or</strong>auth<strong>or</strong>ity,<strong>or</strong> special <strong>or</strong>der from<strong>the</strong> British Government, does heundertake to SUppOl't Waterboer"against <strong>the</strong> Free State?Does he in ign<strong>or</strong>ance <strong>or</strong> by-Digitized by Goog Ie


252 GENERAL HAY'S "AR1IED PRAYERS."by any of Her Majesty's snbjects<strong>the</strong>rein, I have taken measuresf<strong>or</strong> <strong>the</strong> issuing of Magistrates'commissions giving jurisdictionover such subjects under <strong>the</strong> provisionsof an Act of <strong>the</strong> ImperialParliament, 26 & 27 Vict<strong>or</strong>ia,·cap. xxxv."I have, &c.,"C. HAy,II Lieutenant-General,"High CommisSioner."intention ign<strong>or</strong>e <strong>the</strong> existingTreaties with <strong>the</strong> Free State andTransvaal Republics, and <strong>the</strong> dietinctinterpretations ever till <strong>the</strong>nput upon <strong>the</strong>m by <strong>the</strong> BritishGovernment?His epilogue has one merit,ciz., that of brevity in coming to<strong>the</strong> point.After denounr.ing <strong>the</strong> actualpossession of its own territ<strong>or</strong>y by<strong>the</strong> Free States as an "unjtUtifiahZ,mcroacnmtmt upon W' atwilo,r' 88ovw,ign rights," he proceeds toan act of undoubted "unjustifiabletlncroachment" himself, bydeclaring, at this early period.of <strong>the</strong> proceedings, in his seconddespatch, witlwut waiting f<strong>or</strong> anyreply from t}~ Free Stat" <strong>the</strong>designs of his Government on<strong>the</strong> <strong>diamond</strong> <strong>fields</strong>,-tke appointmentof British Jfagutrat" tI,ereon!The despatch we have just analyzed bears but one·aspect. F<strong>or</strong> <strong>the</strong> very first time in <strong>the</strong> political hist<strong>or</strong>yof <strong>South</strong> Africa, 'Vaterboer's fraudulent claims aregiven <strong>the</strong> honour and comf<strong>or</strong>t of a respectable Gove1'l1-.ment's supp<strong>or</strong>t; and after elab<strong>or</strong>ately and deceitfullysetting f<strong>or</strong>th, by a series of prece8 armatae, <strong>the</strong> detailsof those claim3, his conclusions and wishes <strong>the</strong>reon,General Hay comes to <strong>the</strong> prlmum mobile at <strong>the</strong> last-(at <strong>the</strong> very end of his despatch. as though shame hadso long kept it back) by declaring his intention withl'rgard to tho <strong>diamond</strong> field8; and <strong>the</strong>se things-<strong>the</strong>violation of Art. 1 and 2 of <strong>the</strong> Convention of 1854-<strong>the</strong> hostile, unauth<strong>or</strong>ized, and illegal interference inDigitized by Goog Ie


SUMMING-UP OF GENER.\I. HAY'S POLICY. 253favour of <strong>the</strong> ill·conditioned semi-savage Waterboer8.euainst <strong>the</strong> Free State, and <strong>the</strong> hostile invasion of it!-lterrit<strong>or</strong>y preparing and f<strong>or</strong>etold by <strong>the</strong> statement "Ihave taken measures f<strong>or</strong> <strong>the</strong> issuing of Magistrates'commissions giving jurisdiction" over what had beenpart of that State f<strong>or</strong> nineteen years-<strong>the</strong> whole term' ofits existence-<strong>the</strong>se things are tantamount to a declarationof war!General Hay was, of course, at perfect liberty tothink what he pleased, to offer "friendly office8" ofhis Government to any oxtent, and to entertain whatview he chose of his c<strong>or</strong>respondent Waterboer's claims:but <strong>the</strong> moment he proceeded to action, firstly bybacking up, maintaining, and, in fact, interfering atall in any such case, he broke <strong>the</strong> existing treaty-Inwbetween Great Britain and <strong>the</strong> Free State; secondly,whilst by daring to proclaim and' appoint a Britishmagistracy over <strong>the</strong> disputed <strong>diamond</strong> <strong>fields</strong> (actually,de lure and de facto, f<strong>or</strong> many years, Free State territ<strong>or</strong>y),he deliberately violated <strong>the</strong> most positiveprinciple of international law, and unmistakably furnisheda legal casus belli to that State.The legitimacy of my second proposition is establishedby <strong>the</strong> existence of <strong>the</strong> Treaty <strong>or</strong> Conventionof 1854, and by <strong>the</strong> fact that <strong>the</strong> Orange Free Statehas been f<strong>or</strong> years in treaty alliance with, and recog­Iized as a free and independent State by <strong>the</strong> D:nitedStates of America, and all <strong>the</strong> principal Powers ofEurope.The first proposition. is sufficiently proved by <strong>the</strong>terms of <strong>the</strong> existing treaties with <strong>the</strong> Transvaal and<strong>the</strong>' Free State, disclaiming, as ;we have shown repeatedly,"all alliances flJkatet'el' an.d flJitk flJhom80et'er of <strong>the</strong>Digitized by Goog Ie


SmDJIXG-UP CO)iTIN~lm.('o[ozered nations n<strong>or</strong>th of <strong>the</strong> Vaal Rive-r " (~'ide Treatywith <strong>the</strong> Transvaal), <strong>or</strong> "anu interference on <strong>the</strong> partof Her Majesty's Government;" "<strong>the</strong> British Govenllllenthas no alliance whatever with, any native chiefs<strong>or</strong> tribes to <strong>the</strong> n<strong>or</strong>thward of <strong>the</strong> Orange River . . .no wish <strong>or</strong> intention to enter hereafter into any treaties,&c." (A1·t. 2, Convention of 1854).How General Hay misinterpreted hi.s duties wehave already shown. In a dispatch- to <strong>the</strong> Transvaal,<strong>or</strong> ra<strong>the</strong>r, <strong>the</strong> <strong>South</strong> <strong>African</strong> Republic, of <strong>the</strong> samedate as that we have just dealt with, in claiming <strong>the</strong><strong>diamond</strong>-<strong>fields</strong> f<strong>or</strong> Waterboer, General Hay appendshis name to this deliberate mistatement: he' describesthat Chief as one "tcho is, and /01' manu .1Jeara hrubCCIl, ill treaf1/ alliance with Her Majesty's Government!"Is General Hay ign<strong>or</strong>ant of <strong>the</strong> fact that in 18;ja" <strong>the</strong> treaty" with W aterboer " entered into by Sir B.D'Ul'ban in 1834 .•. ceased to be ill f<strong>or</strong>ce?" that SirGe<strong>or</strong>ge Cathcart "declined to renew it in favour of<strong>the</strong> existing interest "-<strong>the</strong> present Chief Waterboerbecauseit "would be incompatible with ~he Conventionentered into with <strong>the</strong> Transvaal emigrants," and that,till this day, no fresh treaty was ever made withWllterboer? If so, he was depl<strong>or</strong>ably ign<strong>or</strong>ant of <strong>the</strong>duties of his high office; if not, in what w<strong>or</strong>ds arc weto condemn his inexcusable malversation?I cannot conclude this eff<strong>or</strong>t to prove that <strong>the</strong>Colonial Goverlllllent had no right to interfere in <strong>the</strong>question between Waterboer and <strong>the</strong> Free State,without quoting a few extracts fi'om "A Despatch of<strong>the</strong> Right Hon. it Labouchere, Secretary of State• Vide p .15, Cape Town Blue Book,No. 1,1871.Digitized by Goog Ie


to <strong>the</strong> 00loni6ll, to Sir Ge<strong>or</strong>ge Grey, High ComJniasionerand Govern<strong>or</strong> of <strong>the</strong> Cape Colony," Qa~"Downing Street, Juue 5th, 18fj7,"*. whj,eh seemto be remarkably a.prop08 at thQ point ~ w·hichwe have arrived in <strong>the</strong> struggle f<strong>or</strong> <strong>the</strong> diamowlnelds.The Secretary of State thus wprthily describes <strong>the</strong>policy of recognizing by treaty iihe, Orange. F:reeState and sister Republic a&-" ~ policy thUI deliberately adopted~ aDd embodied, IROl'8OVer, in~ti. wAicllo it i, OW' rlMtrJ fai,kfollu W ob,,,..e ••."" ~h~. indep~qdenpe of thq two, Repq~ IIl~ thwefo~ ~BClJ'Upulously respected by: us, ~~ only f<strong>or</strong> <strong>the</strong> ~nsiatency ~ o~policy, ,,"t fIleo from eM Aigkw motifle of a r'!lfWd f<strong>or</strong> our trlll,tg""agMMn" . . . and those treaties should be obB9l'Ved not only in<strong>the</strong>ir letter but in <strong>the</strong>ir. spirit.We ",,*U ", ctII'Ijul' fAJ rHpMlt tAltwrit<strong>or</strong>ial l,mil. whiok tMy u';p. to tIN Republicl, aa far at <strong>the</strong>se. ~ascertainable acc<strong>or</strong>ding to <strong>the</strong> fair mea.ninK of <strong>the</strong> te~ aJ,~ougb,<strong>the</strong>y fail to define <strong>the</strong>m with accuracy . . ."" ... A, far cu po,,,.,,11 (If)oicl mixing gov;·"lf up in dteput" wlaickfItIIg rie bltweI1I tkem and 1M nati"e trib" in tMir nlig!&lJoflrlaood •.• "". . . I would reoapitulate as folloW8 :-'1'0 olJltlNJe ,tridiy <strong>the</strong>letter and <strong>the</strong> s~t oUha treaties into whiob w.e have: entered 'wtll<strong>the</strong> neighbouring States; to ma,i.nta~ ijl~ in~grj.. of, our PO!l8ffllrsions on <strong>the</strong> confines of <strong>the</strong>se States, ""' to Moid ang e~tmeion of eMirlimite, TO WlIlCH TREY KAY .JUSTLY OB.JBOT; rmd to foi-b~r from mi~ingOfIrllll(l" up witk eM affair, of tM nativ, trill", e:J:cept so far as may becl«w.lg illdilpMlabZ, f<strong>or</strong> <strong>the</strong> protection of Her llajestY'8 8ubj.eets."·It is by <strong>the</strong> knowing andtwilful misapplication ofthis last ~entence that <strong>the</strong> Colonial Government ·see1asto justify its first invasion, and subsequent armedseizure of that p<strong>or</strong>tion of <strong>the</strong> Free State which includes<strong>the</strong> <strong>diamond</strong>. <strong>fields</strong>.After what we have already seen, is it not, evident,Digitized by Goog Ie


256 OUR PAST AND PRES£NT FOREIGN POLIcY.is it not, in fact, admitted by General Hay when henaively states, in his despatch of <strong>the</strong> 15th of September,1870, that Waterboer had applied to be taken overwith his people, and <strong>the</strong> lands belonging to, and c/a'if'Md,by him, by <strong>the</strong> Colonial Government, that <strong>the</strong> soleobject, <strong>the</strong> real motive of that august body in takingpart against <strong>the</strong> Free State was to get hold of <strong>the</strong>longed-f<strong>or</strong> <strong>diamond</strong> <strong>fields</strong> ?The extracts last quoted are, indeed, models of ajust, an honourable, a noble policy! F<strong>or</strong> an Englishmanto compare that policy with tliis of <strong>the</strong> presentday is to bring anger and humiliation upon himself ifhe be an honest man! Though so few years haveelapsed, yet that righteous policy seems already tobelong to <strong>the</strong> misty recollections of <strong>the</strong> distant, deadpast! In those days-but yesterday as it were-westill possessed statesmen-a sense of national honour!And now ? We truckle and submit to all our equals instrength; we have come to hail arbitration, wheneverwe are threatened, and to buy off our 88S8ilant, wheneverour rights are called in question; whilst to compensatef<strong>or</strong> <strong>the</strong> contumely and contempt with whichwe are treated in spite of our spiritless, senseless submissionto <strong>the</strong> strong, and <strong>the</strong> anger and humiliationwe secretly entertain in consequence, we do no<strong>the</strong>sitate to rob and plunder, even to make war uponany small State <strong>or</strong> nation very much weaker than ourselves!With what delightful nonchalance we payAmerica three and a half millions f<strong>or</strong> what we neverdid ! How sweetly we turn <strong>the</strong> o<strong>the</strong>r cheek to <strong>the</strong>smiter, and hand over San Juan with our waterrights! With what prompt, heroic determination wemake war upon Abyssinia, Ashantee, Bhootan, <strong>or</strong> <strong>the</strong>Digitized by Goog l~


OUR FOREIGN POLICY. 257Chinese Taipinga! With what undaunted valour weblow <strong>the</strong> Kookas from <strong>the</strong> muzzles of our guns! Howfiercely we hect<strong>or</strong> <strong>the</strong> Government of <strong>the</strong> OrangeFree State; outrage that non-military power inviolation of all law <strong>or</strong> justice; despoil it of its <strong>diamond</strong><strong>fields</strong>, and annex <strong>the</strong>m to 9urselves!IJDigitized by Goog Ie


A CASE FOR RBPRISAL8.CHAPTER XII.ANALYSIS OF THE FALSE EVIDENCE BY WHICH 'tHELATE COLONIAL GOVERNMENT SOUGHT TO JUSTIFY IT~SUPPORT OF WATERBOER, ITS DESIGNS ON THF.DLUfOND FIELDS, AND ITS VIOLATION 'OF THE RIGHTSAND TERRITORY OF TIlE ORANGE FREE STATE.ILLEGAL A:PPoIKTKENT Oll' BBlTISlI llAGI8TB.A.TBS TO TJIB Du.xONDFDLDa.-GDlDLAL HAy'S DBSPATOHBs ANALYZED, .AND TIlE1rIIsB:u>RB8DTATIONS ExPOSED BY WBIOll TlIB BRlTIIJI GoVERNlIDT'WASDBOBIVED.-EABI.KnmEllLBY'S ORIOINAL IDEA Oll' TUBSU:n:-DlULING l'ROPEN8ITIE8 OF THE TWO BEPUBLIcs.-RBvIEwOF GD'BBAL HAy's OFFICIAL, lr.r.EoAL AND lLLoOlOAL SUPPORT OJ;W ATlDUIOBB: HIs F A.L8BRBPORTS TOE.uu.KUlBERLBY.-GENBRAI.HAy Lomr.s THE LAST PuSIDElfT OF THE Fmm STATE.-HEJUKES A DIPLOKATIC JOD, WBICII BBCOILS UPON BUlBELF.­W ATlDUIOBB'S PBTrrION TO BECOJO: A BRITISH SUJIJECT.~GENEBA.1.HAy'S l£I8TATEllBNTS IN REco:aoonmmo IT.-UTTERLY FALSEPBmu8B8 ON WBICII nm ACT IS BASED, APPOINTING BRITISHMAGIS'l'BATBS TO THE DIAMOND FIELDS.Although, as pointed out in our last Chapter, <strong>the</strong>Ol'&nge Free State would have been perfectly justifiedin resisting by f<strong>or</strong>ce <strong>the</strong> appointment of any f<strong>or</strong>eignmagistrates within its actual <strong>or</strong> claimed boundaries;and although, as llo0'8.inst <strong>the</strong> Cape Colony alone, itwould certainly have done so with a fair prospect ofDigitized by Goog Ie


THE APPOINTMENT 010' MAfHI'I'l'RATE'3 ILLEGAL.25H:l'Iuccess; it was not ei<strong>the</strong>r stl'ong <strong>or</strong> foolish enough tu.accept war against that Colony, backed up and sup- .p<strong>or</strong>ted by <strong>the</strong> whole power of' Great Britain.Con~uenUy, i~ of de~~ng <strong>the</strong> ~ea~nedinvaaion, <strong>the</strong> Government of <strong>the</strong> Free State proceededto protest against that proposed act, and to arguewith <strong>the</strong>ir predetermined foes, War<strong>or</strong>boer' s speciulpleaders, <strong>the</strong> Colonial Government.We have seen that General Hay founded his authol-ityto appoint British Magistrates·to <strong>the</strong> <strong>diamond</strong>ncldB, upon an Act, "26 and 27 Vict<strong>or</strong>ia, Cap.;35." Well, he grossly misinterpreted and misappliedthat Act!President Brand, in his reply (dated Bloemfontein,1st October, 1870) to -General Hay's hostile despatch-of <strong>the</strong> 19th ult., states* :" It is a. clear general principle tha.t <strong>the</strong> cognizance and punish­Illent of crimes beloDg io <strong>the</strong> Gov8I'Dment of <strong>the</strong> country where <strong>the</strong>-crime was committed; _ tktlt it ,.,,,,,. W(R tke i.,eion of tM .Artquote" in 1/OfIr Eze,llencg', utter to tlwogate from tllat pril/,dpl" iI ",itlcnf.from tM w<strong>or</strong>M in tM prellmile, at'" IBetion 1 of tM ..4.ct,-' AND )lOTBJlING WlTJIIY THE .JURISDICTION OF A..,", OIVILIZED GOVERN!mNT,' amffIom. seetion 4."General Hay's attempted justification is thus provednugat<strong>or</strong>y, f<strong>or</strong> <strong>the</strong> country in which <strong>the</strong> <strong>diamond</strong> <strong>fields</strong>were situated, as we have 80 fully shown, was, and hadbeen f<strong>or</strong> ·many years, actually "within <strong>the</strong> jurisdictionof a civilized Government," that of ~<strong>the</strong> ~'ree~tate. Whe<strong>the</strong>r General Hay chose to consider that-occupation and pOSllession legitimate <strong>or</strong> unrighteous,does not affect <strong>the</strong> caso-it was a fact.• J'ide p. 25, Cape Town, Blue Book, No.1.82Digitized by Goog Ie


260 THE LOCALE OF GENERAL HAy'S MAGISTRATESThe exact territ<strong>or</strong>y <strong>the</strong>n known as <strong>diamond</strong>iferouS"ralong <strong>the</strong> banks of <strong>the</strong> Vaal River, and to whichpeople were flocking to dig f<strong>or</strong> <strong>diamond</strong>s, had beenpart and parcel of <strong>the</strong> Free State f<strong>or</strong> <strong>about</strong> thirteenyears, mostly by rights of purchase derived from <strong>the</strong>late Captain C<strong>or</strong>nelius Kok; whilst, nearer to <strong>the</strong> linefromRamah via David's Graf to Platberg, <strong>the</strong> land hadbelonged to <strong>the</strong> Free State from <strong>the</strong> period of it.creation in 1854.Pniel being <strong>the</strong> most imp<strong>or</strong>tant and central of <strong>the</strong>·<strong>diamond</strong>. <strong>fields</strong> <strong>the</strong>n opened, was chosen as <strong>the</strong> spot towhich <strong>the</strong> Government of <strong>the</strong> State appointed itsspecialMagistrate and Commissioner, Mr. O. J. Truter~In his reply to General Hay above quoted from,President Brand thus refers to that subject :-" As it was necessary f<strong>or</strong> <strong>the</strong> preservation of <strong>or</strong>der and regularityat <strong>the</strong> <strong>diamond</strong> <strong>fields</strong>, ,ituau in tM tliltrict of JatJf)lJ,dtU, on fa,."..which havs f<strong>or</strong> tM laIt tMrlem ysar. _ mrBguUrsd in 1M oJIke of tAeRlgiltrar of IJssrU, and in tM pOl,",io1l lind occupation of ollr peop16, tohavea functionary on eM BpOt, I appointed Mr. O. J. Truter on <strong>the</strong>-6th oUast month."Hi<strong>the</strong>rto <strong>the</strong> territ<strong>or</strong>y at and around Pniel had beensubject to <strong>the</strong> jurisdiction of <strong>the</strong> Landdrost's Court establishedat Jacobsdal. Pniel (a considerable tract ofland) was purchased from Captain C<strong>or</strong>nelius Kok in1851, by <strong>the</strong> Berlin Missionary Society, as we provedin Chapter IX. by <strong>the</strong> deposition of <strong>the</strong> Rev. C. Wuras;that sale and <strong>the</strong> transfer <strong>the</strong>rewith of sovereign <strong>or</strong> territ<strong>or</strong>ialrights (as was <strong>the</strong> rule in all such transactions.with natives) has never been disputed by Waterboerbef<strong>or</strong>e! never once been claimed by him during <strong>the</strong>quarter century that Mission Station has beenestablished!In every c<strong>or</strong>rect argument <strong>the</strong> min<strong>or</strong> premiss mustDigitized by Goog Ie


PROVED TO BE WITHIN FREE STATE JURISDICTION. 261-depend on <strong>the</strong> maj<strong>or</strong>. The view, conclusions, andaction to which General Hay's 19th of Septemberdespatch process of inductive ratiocination led him,may be thus f<strong>or</strong>mally defined:Maj<strong>or</strong> premi88: The <strong>diamond</strong> <strong>fields</strong> belong to Waterboer,a semi-savage. Where British subjects congregate,"not being within <strong>the</strong> jurisdiction of anycivilized Government," magistrates may be appointedto rule over. <strong>the</strong>m by Act 26 and 21 Vict<strong>or</strong>ia,Cap.35.Min<strong>or</strong> premi88: British subjects congregate at <strong>the</strong><strong>diamond</strong> <strong>fields</strong>. .Conclwwn: Theref<strong>or</strong>e I appoint magistrates.Now, as General Hay himself admits <strong>the</strong> bodilyexistence of Mr. CommisRioner Truter, and statesfrom his own knowledge that he knew this FreeState official had been appointed to rule over <strong>the</strong><strong>diamond</strong> <strong>fields</strong>; and, as President Brand still fur<strong>the</strong>rdeclares <strong>the</strong> jurisdiction of his, a civilized Government,over <strong>the</strong> said territ<strong>or</strong>y, General Hay's maj<strong>or</strong> premi88 isdestroyed. His logic is, indeed, extra<strong>or</strong>dinary; yetupon it <strong>the</strong> Colonial Government acted, and proceeded,as declared, to appoint magistrates where those of <strong>the</strong>Free State already existed!In spite of <strong>the</strong> documentary evidence (reviewed inChapter X.) which President Brand, on <strong>the</strong> 20th Oct.,1870, supplied to <strong>the</strong> Colonial Government, that enlightenedbody persisted in <strong>the</strong> course of policy whichit had deliberately adopted prevww to 8eeing tke~vidence on tke part of tke Free State !The modw operandi decided upon was very simple:to deny everything <strong>the</strong> Froe State alleged; whilstgiving to all Waterboer's unsupp<strong>or</strong>ted assertions anDigitized by Goog Ie


~62 EXTENT O}' TH}: O}'}'WIAL OOBRESI·OND~C}:.unquestioning supp<strong>or</strong>t-but <strong>the</strong>n <strong>the</strong> near prize, th ...<strong>diamond</strong> <strong>fields</strong>, was presumably great !To deal with <strong>the</strong> whole voluminous mass of c<strong>or</strong>·respondence which has pa88ed between <strong>the</strong> Colonialand Free State Governments since that fatal 19thof September; to analyze and criticise seriatim, asGeneral Hay's wonderful production of that date hasbeen treated, <strong>the</strong> subsequent despatches-from his suc·cess<strong>or</strong>s-equally illogical, equally full of <strong>the</strong> grossestmistatements and garbled quotations--and which, tothis time (January, 1873), have not even yet ceased,is simply impossible in this w<strong>or</strong>k. Already <strong>the</strong> c<strong>or</strong>respondencefills several large Blue Books, and atennination of <strong>the</strong> paper warfare seems as distant 81:.4ever. All I can do is, to expose <strong>the</strong> most glaring of<strong>the</strong> Colonial Government's false evidence; to take upand review <strong>the</strong> 8alient points and reasons on whichit bases its different acts in <strong>the</strong> robbery of thc <strong>diamond</strong><strong>fields</strong>.The Pniel diggings arc situated on <strong>the</strong> south, <strong>or</strong>left bank of <strong>the</strong> Vaal River; in a district f<strong>or</strong> rnnnyyears, as previously explained, belonging to <strong>the</strong> FreeState. Immediately opposite, on <strong>the</strong> o<strong>the</strong>r side of <strong>the</strong>river, are <strong>the</strong> older Klip-Drift diggings (at this timew<strong>or</strong>ked out). This latter place, not being within <strong>the</strong>limits of <strong>the</strong> Free State, but on ground claimed bothhy K~rs, K<strong>or</strong>anas, Waterboer, and <strong>the</strong> <strong>South</strong> <strong>African</strong>Republic, had, towards <strong>the</strong> latter part of 1870, become·<strong>the</strong> res<strong>or</strong>t of <strong>the</strong> "rowdy," <strong>or</strong> dis<strong>or</strong>derly diggers.'fhey first tried to start a s<strong>or</strong>t of nondescript self ..·Government, <strong>or</strong> local Republic; <strong>the</strong>n after G CHern 1lIay's notification of <strong>the</strong> appoinment of magistrates,:strove to, make war. upon both <strong>the</strong> <strong>South</strong> <strong>African</strong> amIDigitized by Goog Ie


ADVENT OF KK. CAMPBELL.III~'ree State Republics in fulfilment of <strong>the</strong> hoGil~instructions to British subjects <strong>the</strong>rein conveyed; aIMlfinally accepted a Mr. John Campbell, <strong>the</strong> first of <strong>the</strong>magistrates appointed by General Hay, and ""lwr})rivately arrived at Klip-Drift, in a stealthy, ~titious s<strong>or</strong>t of way, early in <strong>the</strong> month of DecemlNn-,1870.F<strong>or</strong> several months Mr. Campbell did nothing at allbeyond assuming a s<strong>or</strong>t of scouting post (though,doubtless, in receipt of a good. round salary from Cape'rown), as special magistrate over those who chose t<strong>or</strong>ecognize him. It was found that <strong>the</strong> powers he camearmed wi~h (Cap. 35, of 26 and 21 Vict<strong>or</strong>ia) werenot sufficient, and so he could not open courts: 80 said<strong>the</strong> Colonial Government, later; but <strong>the</strong> <strong>truth</strong> seemsto be, that he first of all felt his way with <strong>the</strong> temperand disposition of <strong>the</strong> diggers, and ascertained <strong>the</strong>position and feeling of <strong>the</strong> people of <strong>the</strong> BUlTOundingStates, 80 as to be able to judge as to <strong>the</strong> probableresults of a fur<strong>the</strong>r and m<strong>or</strong>e positive assumptiOD. ofBritish auth<strong>or</strong>ity and jurisdiction.In justice to this g-entlcman, I must state that, 'YhiIs<strong>the</strong> occupied <strong>the</strong> above anomalous position, he managedto quash several armed attacks with which <strong>the</strong> rowdiesof Klip-Drift, incited by General Hay's despatches of<strong>the</strong> 19th September, threatened <strong>the</strong> Transvaal auth<strong>or</strong>itiesat Hebron, though it is very doubtful whe<strong>the</strong>r<strong>the</strong>y would have ever dared to put <strong>the</strong>u- threats intoexecution even if left unmolested.Having received power from Waterboer, in <strong>the</strong> f<strong>or</strong>mof a commission, to exercise auth<strong>or</strong>ity over <strong>the</strong> <strong>diamond</strong>-<strong>fields</strong>(over, that is to say, tenit<strong>or</strong>y f<strong>or</strong> twentyfiveyears owned by Europeans, f<strong>or</strong> thirteea to nineteeD.Digitized by Goog Ie


~ SOURCE OF MR. CllIPBELL'S AUTHOBlTl'.years all included within <strong>the</strong> limits and jurisdiction of<strong>the</strong> Free State, and never in <strong>the</strong> hist<strong>or</strong>y of <strong>the</strong> w<strong>or</strong>ld inWaterboer's possession); and having also received <strong>the</strong>permission of Sir Henry Barkly, <strong>the</strong> new, and latelyarrived, Govern<strong>or</strong> and High Commissioner of <strong>the</strong> Cape,in succession to .General Hay, who filled those officestemp<strong>or</strong>arily,-Mr. Campbell began to assume power,by issuing <strong>the</strong> following notice* :-"Special Magistrate'8 Office, Diamond Fields,February 8th, 1871." GBNTLl:llEN,-I beg to acquaint you that I am notD duly flutlwri:Mltmtl nnpowerld tokvg and ,.'CMIl' alllicmcu in tM dilpUtld t".rit<strong>or</strong>y. AndI hereby warn you from paying said licences, <strong>or</strong> in any yray being aparty to such payments, except to me, &8 <strong>the</strong> legal and auth<strong>or</strong>ized.party within this territ<strong>or</strong>y, <strong>or</strong> to <strong>the</strong> Com mittee of Management atCawood's Hope." I have, &c.,(Signed) "J. CAKPBBLL, Special Magistrate.U The Committee of Management,"Cawood's Hope."Who " duly auth<strong>or</strong>ized and empowered" lIr. Campbell?Why, that po<strong>or</strong> savage, that head of a wretchedh<strong>or</strong>de of 200 very ill-conditioned half-castes, Waterboer!That man of straw, that handy puppet put upto represent <strong>the</strong> territ<strong>or</strong>ial right to <strong>the</strong> <strong>diamond</strong> <strong>fields</strong>,and <strong>the</strong>n, by <strong>the</strong>- already known and arranged dodgeof petitioning f<strong>or</strong> British protection, and offering histerrit<strong>or</strong>ies f<strong>or</strong> annexation to <strong>the</strong> Cape Colony, toconvey to it <strong>the</strong> <strong>diamond</strong> <strong>fields</strong>! That onlU Waf.erhoerfind ki8 hackers "disputed" tke "territ<strong>or</strong>U" in question;"that <strong>the</strong> Free State had not any dispute <strong>about</strong> it, and• V"tde p. 1M, Blue Book, "C<strong>or</strong>respondence respecting <strong>the</strong> affairsof <strong>the</strong> Cape of Good Hope, London, August 17th, 1871."Digitized by Goog Ie


THE FREE STATE OUTRAGED. ~65could not very well dispute its right to part of itflelf;and that Mr. Campbell was, what he has <strong>the</strong> temerity toterm, "duly auth<strong>or</strong>ized and empowered" by only OtiC of<strong>the</strong> two alleged parties to <strong>the</strong> dispute, hU only <strong>the</strong> claimantto land8 actually atld f<strong>or</strong> manu year8/teU and p088e88ed hU <strong>the</strong>o<strong>the</strong>r par/u ;" <strong>the</strong>se are all facts very carefully concealed!Sir Henry Barkly in a despatch to Earl Kimberley,dated" :aloemfontein, O.F.S., lIarch8, 1871,· admits<strong>the</strong> principal of <strong>the</strong> above charges :-"Having received my permission to act under W'lJttrbo~r', COI1l­",illion •.• Mr. Campbell at:Iength judged it neceeaary to takesteps f<strong>or</strong> asserting his auth<strong>or</strong>ity."Cawood's Hope, <strong>the</strong> place to where Waterboer'sspecial magistrate directed his first manifesto, had<strong>the</strong>n been lately populated as a new <strong>diamond</strong> field.Being within twenty miles of Pniel, and on <strong>the</strong> sameside of <strong>the</strong> river, lower down, it was on Free Statesoil. At first <strong>the</strong> diggers readily admitted <strong>the</strong> rights of thoFree State, and paid licences to its commissioner; butafter <strong>the</strong> publication of General Hay'S not<strong>or</strong>ious 19th ofSeptember despatch, and lIr. Campbell's manifesto of8th February, being mostly British subjects from <strong>the</strong>Colony, <strong>the</strong>y obeyed those <strong>or</strong>ders, and refused paymentto <strong>the</strong> rightful auth<strong>or</strong>ities. They even, en­(·ouraged <strong>the</strong>reto by Mr. Campbell, prepared to maintain<strong>the</strong>ir illegal position by armed f<strong>or</strong>ce.If <strong>the</strong> Island of San Juan had been wholly claimed andoccupied by Great Brit~n, and <strong>the</strong> Americans claimingit not f<strong>or</strong> <strong>the</strong>mselves, but f<strong>or</strong> some Indian Chief whomight have expressed a wish to place it under <strong>the</strong>ir• Vide p.l32, Blue Book, .. C<strong>or</strong>respondence respecting <strong>the</strong> aft'airs of<strong>the</strong> Cape of Good Hope, London, August; 17t.h, 1871."Digitized by Goog Ie


ule, had at once proceeded to appoint <strong>the</strong>ir magistratesto govern it, pending <strong>the</strong> f<strong>or</strong>mation and decision of aeourt of arbitration, proposed by <strong>the</strong>m, between <strong>the</strong>puppet Indian Chief and Great Britain, it would han'been in principle and in law a case exactly analogoUHto <strong>the</strong> arbitrary appointment of British magistratesover <strong>the</strong> <strong>diamond</strong> <strong>fields</strong>; except that, in <strong>the</strong> latterinstance, <strong>the</strong>re existed special treatieK of which <strong>the</strong> actwas a deliberate violation.Mr. Campbell, being (,llCOuraged t.o such a course bySir Henry Barkly, diM played his hand still fur<strong>the</strong>r.Also, on <strong>the</strong> 8th }'ebruary, he issued at Klip Drift <strong>the</strong>following notices·:1. "Tenders will be received • • •• f<strong>or</strong> <strong>the</strong> supply of such(luantitiee of mealiea <strong>or</strong> Kafir com as may be required f<strong>or</strong> <strong>the</strong> useof 100 III'm6Il and tn()rmUd police."2. "Tenders will be received f<strong>or</strong> <strong>the</strong> hire of a strong room, to beused as a look-up, as also ano<strong>the</strong>r to be used as a gaol, on tAl PnMlUll of til. Nfl".."The progress from this point, of what an .Amerieanwould call "manifest destiny," was rapid. Pniel, 8Mwe have said, was <strong>the</strong>n <strong>the</strong> seat of lIr. O. J. Truter'~Government; but <strong>the</strong> "100 armed and mountedpolice" were already on <strong>the</strong>ir way from <strong>the</strong> Colony,and eventually turned him out, taking possossion byarmed f<strong>or</strong>ce, of that distrfct of <strong>the</strong> Free State.Having alTived at this period of <strong>the</strong> robbery of <strong>the</strong><strong>diamond</strong> <strong>fields</strong>, w(' mURt paUl(e f<strong>or</strong> a while, in <strong>or</strong>der toobserve <strong>the</strong> crafty devices and utterly false statementshy which <strong>the</strong> British Government was induced to giveits consent.• V'tde p. 134, Blue Book, .. C<strong>or</strong>respondence respecting <strong>the</strong> affairsof <strong>the</strong> Cape of Good Hope, London, lith Auguat, 1871".Digitized by Goog Ie


GENERAL HAY~li }'ALSE UEl'OR1'~ 2GIQUOTATIONS.The first miarepreaentatioll8were collveyed in II despatchfrom Genn Hay to EarlKimberley, dated " Oape Town,September 19, 1870.""3. The dispute as to territ<strong>or</strong>ialrights uisted long W<strong>or</strong>e<strong>the</strong> discovery <strong>or</strong> <strong>diamond</strong>s, and<strong>the</strong> Ohief Waterboer


268 GENER.-\L HAY'S DIPLOlIACY CONTINUED.• • • II 9. The people of West-Griqua land, over whom Waterboeris <strong>the</strong> Chief (e) nfW6 long-I1un in rilliane, witkEer Maie.ty'.GOfJwnmmt, 6y TREATIES enteredinto with <strong>the</strong> GOfJern<strong>or</strong>. of thisColony, and have invariably.abided by and acted up to <strong>the</strong>ir-engagements. (d) The!! Me 1.1.muck m<strong>or</strong>e eifJilizetl p,opie thanmost o<strong>the</strong>r tribes inhabiting thispart of Africa, and <strong>the</strong>ir Governmentalinstitutions and laws.are similar to and based uponthose of this Colony."(e) 10. II Ihaveretllon to 6elier,tnat tneal l'Iopl' will immediatel!!ptitioltl. Her Ma,jllt!l to eztlna her'OfJereignty <strong>or</strong>er <strong>the</strong>ir countr!!, andr.ceiv, tAm til British '""ieci •.Should this be done, and shouldHer Majesty be pleased to:accede to <strong>the</strong> prayer, I apprehend<strong>the</strong>re will be very littie, ifany, difficulty in making satisfact<strong>or</strong>yarrangements f<strong>or</strong> <strong>the</strong>irfuture Government, and <strong>the</strong>yhave ample resources f<strong>or</strong> defraying<strong>the</strong> costs that may have tobe incurred, exclusive of <strong>the</strong> in­-crease that mU8t arise fromand bef<strong>or</strong>e hearing a w<strong>or</strong>d from<strong>the</strong> Free State in defence !(e.) This statement, also, I canonly in honesty term a wilfulfalsehood. I have already shown(p. 81, Chapter IV.) that tM treat,with <strong>the</strong> late A. Waterboer expiredwhen that chief died in1852, and <strong>the</strong> renewal with <strong>the</strong>present Waterboer, was moat;distinctly refused. It was fIefJWrenewed. To what II TREATIES."and to which" GoP,m<strong>or</strong>.," doesGeneral Hay refer?(d) Will General Haycomparethis with his own w<strong>or</strong>ds, "untut<strong>or</strong>ldp'op18 such as Waterboerand <strong>the</strong> members of his "Council,"in his" despatch to PresidentBrand, October 15th, 1870 ?"(e) Here we have <strong>the</strong> truecause of <strong>the</strong> supp<strong>or</strong>t of Waterboer!There seems an air of duplicity<strong>about</strong> this statement. Why doesnot General Hay give his "reason,"as he did in his despatchto President Brand, 15th September,1870, when he declaredthat he was "in communicationwith W aterboer on <strong>the</strong> subj act?"~at abh<strong>or</strong>rent system of aupprel8io'Ceri IJUflg"tio lau; perm~atesthis concluding paragraph!The <strong>diamond</strong> <strong>fields</strong>, hy implication,are treated as part of"<strong>the</strong>ir country"-<strong>the</strong> Griquas.It is <strong>the</strong>n pretended that " <strong>the</strong>yhave ample r"ovrell," so as toprevent Ministers at home dread-Digitized b; Goog Ie


EARL . KIMBERLEY "APPROVES." 269<strong>the</strong> recently discovered mineralsunderlying <strong>the</strong>ir soil." I have, &c' J" (Signed) C. HAY.Lieut.-Gen., Lieut.-Govern<strong>or</strong>administering <strong>the</strong> Government.".ing any expense. Whatresources texcept of bad language, <strong>or</strong> what<strong>the</strong>y hoped to steal from <strong>the</strong> Fre


-t70towal'W; <strong>the</strong> <strong>South</strong> <strong>African</strong> and Free Stab.'Republics~lCtion"Relative to <strong>the</strong> assertion of <strong>the</strong>ir claima to THE LAJD)S OF TnKoCUmF W.A.rJmBOER! " •...·vidently having been deceived by, and actUflllybclieving, General Hay's mistatement that <strong>the</strong><strong>diamond</strong> <strong>fields</strong> were .. tbc lands of Water'boer!" nndthat <strong>the</strong> Free State, since <strong>the</strong> discovery of <strong>the</strong> pre­·ciOllS stones, instcad of, as <strong>the</strong> fact existed, havittgbeen actually in p081!1ession of <strong>the</strong> ground f<strong>or</strong> ID8Jl~'.years, had lately put f<strong>or</strong>th " claims" to it!But, w<strong>or</strong>se than all, 8-" a specimen of <strong>the</strong> high proficiencyin knowledge of f<strong>or</strong>eign peoples and British··dependencies p088~SSed by <strong>the</strong> present Secretary ofState f<strong>or</strong> <strong>the</strong> Colonies, is <strong>the</strong> reason he gives f<strong>or</strong> his. JU . d·' gment, VIZ ••.-"Her Majesty's Govel'nment would see with great di.atiaCac­·tion any encroachment on <strong>the</strong> Griqua tepit<strong>or</strong>y by those RepUblics,""MOB: WOULD OPBN 'l'O THE DOBBS All" :BXTJDfDBD FIELD :roB THElRF.lLA.VE-DEALDrG OPBllATIO:NS (!), and pro1Ja6lg lMil to tmlCk opprt,,;on ~ftile natiflH and disturbance of <strong>the</strong> peace."So far as <strong>the</strong> Orange Free State is concerned, Hm<strong>or</strong>e ign<strong>or</strong>ant, utterly and totally unfounded slanderwas never uttered against a nation. Aftel"\V8.1'W.when this <strong>or</strong> a similar effusion of Earl Kimberley'~ideas became publicly known, he had <strong>the</strong> pleasure ofvery completely retracting <strong>the</strong> same.Still, that, we see, was his reason f<strong>or</strong> approving tIll'hostile, illegal, and unrighteous course of bullying androbbery initiated against <strong>the</strong> Free State by GeDf~r81Hay!.--------------------• Vide p. 65,' Blue Book. .. O<strong>or</strong>respondence respectfDg <strong>the</strong> U'ai1'lJ .. l.<strong>the</strong> Cape of Gooc1 Hope," London, 17th August, 1871.Digitized by Goog Ie


EAHL Kl.}lm;W.I·:r'~ lx~·mlJt:l'JONS. 271'Vith regard to Watel'Loel"~ expected application tohave his territ<strong>or</strong>y (including, of course, <strong>the</strong> FreeState <strong>diamond</strong> <strong>fields</strong>) taken under British 8Overeignty,Earl Kimberley's instructi<strong>or</strong>uJ to Sir Henry Barklywere:-"Her ](ajesty's Governmeat have no wish (1', If'it can 6e aroitled,to extend <strong>the</strong> <strong>South</strong> <strong>African</strong> Colonies; (~) 6,u eM GtIH ".;gAt, "tIlW_ if tMt Co., "-ltI N U1iIlitlg to W. upon Itulj tlu fuJI ......... -In'litiu of GtnJermnmt, wit" tlu lnIrden of maine«"'ng tM f<strong>or</strong>e. Deoeesaryto keep <strong>or</strong>der amongst <strong>the</strong> native tribes; (3) PROVIDED Uust tlu fliMuifMlligrantl conCfllT'lJtl fIIitl& tM natiM ... dtltring t"at ~ GrigtuJ t",.,.it<strong>or</strong>y,Twultl6, .n,tel to tlu Cape Colon!!, You will, howe,.er, of ooene,in DO cue take any steps to annex this territ<strong>or</strong>y, <strong>or</strong> to pledge HerXajeety's Govel'lUllent to its annexation, without inskuotiODB fromhome."After this intimation, of course, it hecame <strong>the</strong>policy of <strong>the</strong> Colonial Govel1lment to make matter~appear (1) 80 that <strong>the</strong> extension of tho <strong>South</strong> <strong>African</strong>Colonies could not" lJe avoided;" (~) that <strong>the</strong> Colonywould be willing to undertake <strong>the</strong> ,. full responsibilitiesof Government," otc.; (:3) and that <strong>the</strong>"white immigrants," <strong>the</strong> diggel'8, united with" th(lnatives" (what na.tives? I never found any in <strong>the</strong>neighbourhood of <strong>the</strong> <strong>diamond</strong> <strong>fields</strong>, except FreeState farmers) "in desiring" annexation to <strong>the</strong> Ca.p


272 G!:NERAL HAY'S PARTIZANSHIP ILLUSTRATED.Colonial Secretary-were equally responsible, and farm<strong>or</strong>e deserving of censure.On <strong>the</strong> 27th October, 1870, <strong>the</strong> Government of <strong>the</strong>Orange Free State sent a f<strong>or</strong>mal protest to HerMajesty's Government against General Hay'S appointmentof magistrates "to a line west of Ramah toPlatberg."In his despatch, containing <strong>the</strong> protest, to GeneralHay, President Brand very accurately refers to <strong>the</strong>f<strong>or</strong>mer's hostile and aggressive conduct in <strong>the</strong>sew<strong>or</strong>ds-:-" Bef<strong>or</strong>e receiving <strong>the</strong> answer from our Government, yourExcellency, in your letter of <strong>the</strong> 19th ultimo, upon tAeEX-PARTE.tattmmloleM Chief W'aurlJo~r, expre88ed and published in <strong>the</strong> CapeGotJwnmmt Gaulu of <strong>the</strong> 20th, an opinion adverse to <strong>the</strong> claim of<strong>the</strong> Orange Free State, and stigmatized it as en 'unjustifiable encroachment'upon his (Waterboer's) just rights." Bef<strong>or</strong>e Her Majesty's Government has decided upon <strong>the</strong> ChiefWaterboer's application, and <strong>the</strong> protest of <strong>the</strong> Orange Free Stateagainst it, your Excellency sides with <strong>the</strong> Chief Waterboer andagainst <strong>the</strong> Government of <strong>the</strong> Orange Free State."In a despatch, dated" Cape Town, November 12,1870," General Hay replies to President Brand, and indefending <strong>the</strong> course he had taken makes <strong>the</strong> followingmistatements :-ExTaAcrs FRO. DEsPATCH.• "It appears to me that yourHonour has scarcely given dueconsideration to <strong>the</strong> circumstanceswhich rendered action on my partnecessary, m. :-Firdly, That you had .•••proclaiM eM intmeion of yotU' Go-BlDfABJ!'S THEREON."Firdly!' It is untrue that <strong>the</strong>Free State Government issued aprocIaination <strong>about</strong> <strong>the</strong> land inquestion; <strong>the</strong> only proclamationissued by it concerned <strong>the</strong> Camp-61ll ltmd.. In <strong>the</strong> proteet abovereferred to, in President Brand's• Yide p. 69, Blue Book, .. C<strong>or</strong>respolldence respecting <strong>the</strong> aft'ain of <strong>the</strong>"\'0 Cape of Good Hope," London, August 17th, 1871Digitized by Goog Ie


GENERAL HAY'S lIISTATEMEX'1'S AGAtl(. 273f!'rnll~nt to tIIu f<strong>or</strong>ci"'" pOIlmilm.of an """,;fI' "'act of country,pr,,,ioUlly, from limB immem<strong>or</strong>ial,.in tM occtIpIItilm of nati", alJ"rigi,.",who do not appear by any_ of <strong>the</strong>irs to have divested<strong>the</strong>mselves in favour of <strong>the</strong> FreeStat.e of <strong>the</strong>ir rights to <strong>the</strong> same."SB«mtll,. That a large numberof British subjects were at <strong>the</strong>"time, fIIi'" til, conBmt of tM laid1ftl,i"", resident within <strong>the</strong> limits.of that tract of country, and werein danger of being compelledby <strong>the</strong> Free State Government,tacitly at least, to acknowledgethat ita right to <strong>the</strong> territ<strong>or</strong>y hadbeen established, andofbecomingparties to <strong>the</strong> f<strong>or</strong>cible subjection-of <strong>the</strong> oountry to <strong>the</strong> jurisdictionof that Government; and,"TMrtU,. ThatWaterboer had.appealed to me against yo~ prooeedings,and notified his intentionof appealing to Her Majeaty<strong>the</strong> Queen ••..(tI) "15. The line 8Ode6ned byAdam Kok is that now known as<strong>the</strong> Vetberg line, "'" it " fIOII/Mr'l,wllllf (MIll Ftltw_ lIM MIIItIY'tlIlfi«l) eAtlt F tJtw_ fIIfl. tI prIrly10 eAtJt tlI}lni#(J1f, <strong>or</strong> ever expreeeedhis concurrence in it, u.. ~,JHII"tl MolI/n 10 MD' "'". prifl, 10 itlleing .4."m Eok, on eM on, MM,w<strong>or</strong>ds. this" c erflct of cow,t"!I,' litutltetllotil, ","'",,/ tM YtUll Rif)W,MI_in tM ulfflUtllrW PII'",,;,,ntiM occupation of """g,,"' 0/ tMOrang' Fr" Stilt, FOR TIlE UST20 YBAll8! " No" nati", aHrigiM'"exist <strong>the</strong>rein; <strong>the</strong>y wereexterminated by General Hay'sfriends, <strong>the</strong> Griquaa (see p. 24 to28, Chapter II.), ofwhoae hist<strong>or</strong>y,however, he appears to be absolutelyign<strong>or</strong>ant!"8,condly." How <strong>the</strong>se ab<strong>or</strong>iginal"natives," who had ~nextinct f<strong>or</strong> 60 years, could havegiven <strong>the</strong>ir CI COnI",t," GeneralHay does not explain. I, withmany hundreds of diggers, waacc resident within that tract ofcountry;" I did not see OMGriqua inhabitant (if GeneralHay thinb <strong>the</strong>y are ab<strong>or</strong>iginea),but I did see <strong>the</strong> old dwellingsof <strong>the</strong> Free State farmers, and didenjoy <strong>the</strong> protection of <strong>the</strong> FreeState officials, by whose "oonsent"we were <strong>the</strong>re !cc Tkirtlly." We have alreadyseen, by <strong>the</strong> Convention of 1854,&c., that General Hay had n<strong>or</strong>ight to interfere.(tI) By this tisaue of falsehoodsdoes General Hay seek to disposeof <strong>the</strong> Vetberg line! The Vetbergtreaty itself declares Adam and .C<strong>or</strong>nelius Kok, Waterboer andJan Bloem, as well as <strong>the</strong> FreeState Government, to have beenparties <strong>the</strong>reto. Whilst we haveseen that Waterboer and hisTDigitized by Goog Ie


:!14 GENERAL HA\,,'~ }'ALl'Il'; REI'OUTS.anti 1M Orangl Frle Stale on tM councill<strong>or</strong>s were ~tually present.IMr. How such a demarcation during <strong>the</strong> five <strong>or</strong> six days tht>·can be held to have bound Water- meeting to make <strong>the</strong> line lasted ;boer, I am at a loea to oonceive."that <strong>the</strong>y saw <strong>the</strong> treaty written.tiM fit"", lill eM pr,,'" litlll, 00-Jit:tll! (See p. 82,Chapter IV, anetCkapter VII, throughont.)In his despa.tch to Earl Kimberley, dated" CapeTown, November 18, 1810," transmitting <strong>the</strong> protestof <strong>the</strong> Free State Government, General Hay makes.<strong>the</strong> following mistatements :-ExTRACts FROM: DBBPATCH •.. c, 3. With regard to <strong>the</strong> assertion" that <strong>the</strong> p<strong>or</strong>tion of territ<strong>or</strong>yin queation has been 80long, (' 20 yeare') occupied byburghers of <strong>the</strong> Orange FreeState by virtue of British landcertificates, I ~ve reason to believethat <strong>the</strong> facta are <strong>the</strong>se: (a)..tl rll't/ fllD of such certificateswere in fact, I believe, issuedprovisionally by <strong>the</strong> British Residentbef<strong>or</strong>e <strong>the</strong> abandonmentof <strong>the</strong> Sovereignty. Immediatelyupon its coming to <strong>the</strong> noticeof <strong>the</strong> Chief Waterboer (6),WlIO OLADIlID AS ms THE TBBJU:­'rolLY WlT!IIN WHICH THEBE 0Bll­'.rIFIOATES WEBB ISSUED, he remonstratedto <strong>the</strong> High Commilsionerand to Maj<strong>or</strong> Wardenin person, who was <strong>the</strong> BritishResident who had iAnecJ. <strong>the</strong>certificates.XfIj<strong>or</strong> JP'tlrtUn aelmowWg«ltAM it to'" 6, mi.,.RmrARKS THmuwli.(II) General Hay seems tohavequeer ideas; 80 what heooDBiders "tI rwy /IID " land certi6cateaf<strong>or</strong>:t'armsaveraging <strong>about</strong>100 square mUes each I cannottell, but I can state that 33 euchfarms withBritishlandcertifie&tetarecut off from <strong>the</strong> Free State by<strong>the</strong> line he 80 unjuetly claimedf<strong>or</strong> Waterboer :from Ramah f:MDavid's Oral to Platberg !(6) That Waterboer <strong>the</strong>n" claimed" as his <strong>the</strong> territ<strong>or</strong>ywithin which those certificateswere issued C! Uti""" gu.riRg,unmitigfllll jaUI .~! (Seepp. 74 to 80. Chapter IV.) Thee:n.ct w<strong>or</strong>ds <strong>or</strong> <strong>the</strong> u.e, A. W &tarboer,written in 1850, were, " M!Itwrilo11/ SITUATED BfiWua THEMODDO UD BuOJt (OlLAliOE)BIVER8 hal lately been takenpoaeeeaion <strong>or</strong> by <strong>the</strong> British Resid8nt."TIM" toM ALlWUA, and• V'ule p. 67, Blue Book, .. C<strong>or</strong>re!lpOlldence respecting <strong>the</strong> aft'airsof <strong>the</strong> Cape of Gooa Hope,"-London, Augaat 17, 1871.Digitized by Goog Ie


HOW H. M. GOVEBNUE!i"T WAS DECEIVED. 275"lUl I,. igfuwtlttee of W"terioer',lM"",tlllrill, tlult ". MIl iuwtl tlleutW'tijic"iu, tmtl (e) those certificateswere never, in :fact, contirmedby<strong>the</strong> High Commiaaioner­"While <strong>the</strong> question was stillpending, <strong>the</strong> abandonmeat of <strong>the</strong>&vereignty t&ok place, and <strong>the</strong>Free State took over <strong>the</strong> disputeas an actually pending matter.(Il) "4. By far <strong>the</strong> greaterp<strong>or</strong>tion of <strong>the</strong> territ<strong>or</strong>y flOWrlaiNUtl by <strong>the</strong> Free State in <strong>the</strong>protest now f<strong>or</strong>warded, as havingbeen in <strong>the</strong> pOll8el8ion of <strong>the</strong>irburghers, flPp«lra to /l4Ve lIeenAJ.>PROPBIATED AND DISPOSED OFBY THB Free State Governmentsubsequently to <strong>the</strong> abandonment.ot <strong>the</strong> Sovereignty, and not while<strong>the</strong> territ<strong>or</strong>y of <strong>the</strong> FreeStatewnsunder British control.(e) "5. And, iDstead of <strong>the</strong>occupation having been undisturbed,tlwre " no pHtitm toMlBflerbut that <strong>the</strong> Griqua ChielWaterboer,'WJ[08l!. t7JO)l8PUDD 'l'DBI­TOBY IT CDTADfLT o.em WAS,atttl toAo Iy no "" 0/ Au luta evertlilpol",,,tl Mmulf 0/ it, 1uuflftC«Uingly prou.tetl againd tllatocet,,,,tion. • • •had nothing whatever to do with<strong>the</strong> territ<strong>or</strong>y DOW in question.toMe" all liel n<strong>or</strong>tlf 0/1116 Nodti,r,lIetUJ8e1J tW ri11". antl eM Vaal,whilst, .n 1855, by <strong>the</strong> Vetbergline, two 1INl. Aal/ of <strong>the</strong> Britishland eerti6.cate farms were alone,alJtl/<strong>or</strong> eM fir,t time, cut oft' from<strong>the</strong> Free State and found to bewithin Albania!(c) As a :fact, <strong>the</strong> British laDdoertificates nnw toere toit/tArflUJII,tJlJtl to tkill MV, f<strong>or</strong> 20 y«Jr, /'CWfJremllinetl.n/o,.~!(Il) What General Hay terms"territ<strong>or</strong>ynoW' elaimJtl," we haveseen was owned and claimed by<strong>the</strong> Free State f<strong>or</strong> periods varyingfrom 12 io 20 yean! It isquite f'alse to say <strong>the</strong> Government"APPROPBIA.T.BD" OR "DISPOSED ..of those lands. Every foot of<strong>the</strong> whole 143 farma <strong>the</strong>reon. W88 bought and paid f<strong>or</strong>, tlfArm9eM PMt 40 yea,." partly by thosewho have been since 1854 FreeState farmers, partly by <strong>the</strong>ir Government.(,) That this "undisputedterrit<strong>or</strong>y" was ever, in <strong>the</strong> hist<strong>or</strong>yof <strong>the</strong> w<strong>or</strong>ld, f<strong>or</strong> even ODeday, Waterboer'a, <strong>or</strong> in' his poe-88IIion, ia grouly and utterlyuntrue! He oeuld not diapo8888Shimself of that which, as Ihave repeatedly shown, he neverpoII88888d. He nB1J"., until )(r.David Arnot's appearaaoe, in1863-4, "proteeted again.at thatoccupation. "T 2Digitized by Goog Ie


276 St:MMARY OF GENERAL HAY'S YISTATElIENTS.With regard to this last reviewed despatch ofGcneral Hay's, I dcsire most particularly to callattention to <strong>the</strong> gross ign<strong>or</strong>ance <strong>or</strong> wilful misrepresentationit displays upon <strong>the</strong> well-known hist<strong>or</strong>y of <strong>the</strong>country and its geography.I.-The Griquas hetenns" native ab<strong>or</strong>igines," whereas<strong>the</strong>y are only emigrants of fifty years' standing.2.-He confounds <strong>the</strong> territ<strong>or</strong>y now claimed by himf<strong>or</strong> Waterboer, within a line from Ramah 'ltid David's Grafto Platberg, with what <strong>the</strong> late A. Waterboer claimedfrom Maj<strong>or</strong>Warden in 1850, <strong>the</strong> land at <strong>the</strong> confluenceof <strong>the</strong> Vaal and Orange rivers, since known as Albania !a.-He takes sides in <strong>the</strong> matter, and passes judgment,when he displays total ign<strong>or</strong>ance of <strong>the</strong> fact that<strong>the</strong> territ<strong>or</strong>y " bettueen <strong>the</strong> Hodder and Black (<strong>or</strong> Orange)rivera" is Albania, and is not identical with <strong>the</strong>territ<strong>or</strong>y claimed, which is n<strong>or</strong>th of <strong>the</strong> Modder,(whilst <strong>the</strong> f<strong>or</strong>mer is south of it,) and is between tkeHodder and Vaal ritter, and his line from Ramah vitiDavid's Graf to Platberg.4.-IIe also seems to believe, and at all eventsdeclares, that <strong>the</strong> land in question" certainly once WaBWaterboer', undz"puted territ<strong>or</strong> !I ;" whereas, os we haveseen throughout this w<strong>or</strong>k, it was every foot boughtfrom <strong>the</strong> Bushmen Chiefs, David Dantzer and Mond<strong>or</strong>,from <strong>the</strong> Griqua Captains, Adam and C<strong>or</strong>nelius Kok;never a particle of ground n<strong>or</strong>th of <strong>the</strong> Modder River, <strong>or</strong>between that and <strong>the</strong> Vaal River, having been evennominally owned by Water boer <strong>or</strong> under his jurisdiction!And it is upon such false statement" that <strong>the</strong> BritishGovernment were deluded-induced to take Watcrboer'spart, and rob <strong>the</strong> Free State of its <strong>diamond</strong> <strong>fields</strong>!Digitized by Goog Ie


}'URTHER FALSE STATEMENTS. 277In ano<strong>the</strong>r despatch to Earl Kimberley, of <strong>the</strong>same date as that just reviewed, General Hay makes<strong>the</strong> fur<strong>the</strong>r false statement here following :-ExUACT8 FROM DESPATCH..,. "The Campbell lands . .Ju"<strong>the</strong>rto and 8till in poeaeaaion ofnatives, MDing tI GODmammt oftMir olDn (tI), wmCH GoV.BN­KENT lL\8 BUN 50 PARTY TO THEALIENATION OF THE BOIL Dr FA­VOUR OF THE FREE STAn (h),AND 'WITHDr wmCH TBBJUTORY,at <strong>the</strong> time of <strong>the</strong> Free StateGovernment issuing its proclamationprofeeaing to take f<strong>or</strong>ciblepo88e88ion <strong>the</strong>reof, and warningall persona to submit ioitsjuriediction,THmB WERESEVERALTHOUSAND BRITIBB: 8UB.JBCTS devoting<strong>the</strong>mselves, with <strong>the</strong> oonlentof <strong>the</strong> natives, to a eearohf<strong>or</strong> <strong>diamond</strong>s, and o<strong>the</strong>rwise occupiedin legitimate and peaceablepnrauits, who would of neceesityhave been oompelled tohave aided <strong>the</strong> OrangeFree Statein f<strong>or</strong>cibly ejecting <strong>the</strong> nativeinhabitants <strong>the</strong>refrom, had I notinterfered to prevent it."RBKAus TllBBE05.(tI) Is General Hay ign<strong>or</strong>antof <strong>the</strong> fact, <strong>or</strong> does he pervert it,that (J01'1I81iUl Eo" governed. <strong>the</strong>Campbell lands till 1857, whenhe made <strong>the</strong>m over to .AtltImED!.,who BOld <strong>the</strong>m to <strong>the</strong> Free Statein 1861 ? (See Chapter VII.)(h) Here is ano<strong>the</strong>r mo,t gro"ad unptlrdolttlhU mi",ltIt,mme! IsGeneral Hay really <strong>or</strong> wilfullyign<strong>or</strong>ant of <strong>the</strong> fact that "at <strong>the</strong>time" he refers to, those "severalthousand British 8ubjects tI werenot "within" <strong>the</strong> Campbell lands;that <strong>the</strong> <strong>diamond</strong> <strong>fields</strong>, at which.<strong>the</strong>y <strong>the</strong>n and afterwardsres<strong>or</strong>ted,'Were not on <strong>the</strong> Campbell lands ?that <strong>the</strong> Campbell lands do notIZUntl 11181 of elu E.rl', Riv".;flJlu1lt tUlllu digg"., _ digging,. fIJ"., I118t of tMt ri""., along <strong>the</strong>banks of <strong>the</strong> Vaal (See all ourdiagrams)? that <strong>the</strong>re did notexist any "native inhabitants" at<strong>or</strong> near <strong>the</strong> <strong>diamond</strong> <strong>fields</strong> to .ject?So much f<strong>or</strong> General Hay'S attempted justificationof his supp<strong>or</strong>t of Watcrboer and appointment ofBritish magistrates.The Free State only claims <strong>the</strong> Campbell lands byright of purchase. In <strong>or</strong>der to invalidate this rightin <strong>the</strong> eyes of <strong>the</strong> British Government, General Hay• rule p. 74, Blue Book, .. C<strong>or</strong>respondence respect.ing <strong>the</strong> afl'aira of <strong>the</strong>C a.pe of Good Hope,"-LoDdon, August 17, 1871.Digitized by Goog Ie


278 WilE Jo':!L"!!E t~VIDENCE.makes <strong>the</strong> following defamat<strong>or</strong>y accusation D.o0'8.inst <strong>the</strong>f<strong>or</strong>mer President of <strong>the</strong> Orange Free State, who mad('<strong>the</strong> purchase:-" It appears to me to be notat all unreasonable to conclude,from <strong>the</strong> evidence of Harvey,that he added' <strong>the</strong> lands of <strong>the</strong>late C<strong>or</strong>nelius Kok' to <strong>the</strong> sale;in <strong>or</strong>der to relieve himself of <strong>the</strong>responsibilityt.iu whioh he wasinvolved by his undertaking toobtain £4000 (a), anti tTult tMPrlllitllmt oj eM Fr" Stat. allowedUJOrtU to 6. i,.,lrurl IN THBDBJID, with fJ I:MflJk4U' fAat tMy.... flOe iflltiji6rJ by tAl JHlfDertUNlw wMeA HarD~!I acurl • • •calcaIating upon <strong>the</strong> abaity ofhis Government to eject <strong>the</strong>natives whenever it should feelaiI.Poeed to do so."~a) Perhaps General Haynever heard <strong>the</strong> old legal axiom."O"tn;fI FtUU'lUIntur Me. u#act.," au~ does not know (8'1President Brand well observedat a fatun period of <strong>the</strong> oontroveray)that, as sound and "leargeneral principles of jurisprudence,,/nItRlanrJ f<strong>or</strong>g"., M'~ ,",VirprHUtIUId, bllt m." II cltJllrl!lprooei. Perhaps those who haveread Ohaptera 5, 7, and 9 of thisw<strong>or</strong>k may have a difl'ereut opinionto General Hay of <strong>the</strong> deedof sale and o<strong>the</strong>r documentaryevidence, not one iota of whichhas ever yet been refated <strong>or</strong> disprovedby Waterboer and Co !From what we have seen of General Hay's despatchesto Earl Kimberley, and <strong>the</strong> lamentable ign<strong>or</strong>ancedisplayed as to <strong>the</strong> hist<strong>or</strong>y and geography of<strong>the</strong> country, as wellaa of <strong>the</strong> merits of <strong>the</strong> imbrogliofostered by him between Waterboer a.ntl <strong>the</strong> Fret'State, <strong>the</strong>re is but little doubt that }Ir. Sou<strong>the</strong>y, thl'Colonial Secretary, whose ill-will to <strong>the</strong> Free State iswell-known, was <strong>the</strong> actual manager and concocter of<strong>the</strong> controversy. This view is confinned by thl'.following little a.necdote, related to me by PresidentBrand himself. . .In <strong>or</strong>der to try and arrange <strong>the</strong> difficulty a.nd explain"<strong>the</strong> rights of <strong>the</strong> Free State, <strong>the</strong> Government andParliament auth<strong>or</strong>ized President Brand and )lr.Digitized by Goog Ie


TIlE BITER llITTEN.'Charles W. Hutton, member of <strong>the</strong> legislature, to visitCape Town and negotiate with <strong>the</strong> Colonial autho­I·ities. At one of <strong>the</strong> consequent interviews at CapeTown, President Brand referred to <strong>the</strong> already voluminousc<strong>or</strong>respondence, mentioning <strong>the</strong> fact that onedespatch alone contained filtu-four para.qrapha, boside~.annexures."Ah," said General Hay, " it must be a bad casothat requires so much pleading."" But it is your own despatch, General," observed<strong>the</strong> President.And so, in fact, it was; written, no doubt, by )lr.,Sou<strong>the</strong>y, and merely signed, it seems likely withoutl>erusal, by General Hay .. As a sample of <strong>the</strong> premises on which <strong>the</strong> arguments.are based in that f<strong>or</strong>midable and verbose, but w<strong>or</strong>th­,less document, we select two ex.amples f<strong>or</strong> quotation :-". • • To begin with <strong>the</strong> year 1834. . • . at that time·<strong>the</strong> Griquas w"., on, people, RlU1 tlieir acl"nOwktl9ca.cM,/ tcM file late_1..mlril8 JJTalIrboer, fa<strong>the</strong>r of <strong>the</strong> present Ohief. • . ."Tho gross inaccuracy of this statement must be·clear to those who have read Chapters II. and VII. ofthis w<strong>or</strong>k. Dam Kok was <strong>the</strong>n <strong>the</strong> paramount Griqua.chief, and we have seeu that he appointed (<strong>about</strong>1816) "K<strong>or</strong>t" Adam Kok as Chief of Griqua TOWlI,and C<strong>or</strong>nelius Kok as Ohief of Campbell; 'Vaterbo{'r(a f<strong>or</strong>mer Achterrijder of Adam Kok's) being soonafter appointed to a position as magistratc by " K<strong>or</strong>t "Allam Kok, and eventually appointed by Dam Kok asC'ltief of Gri


280 GEX}:RAL HAY'S llISREPRESENTATIONS CONTTh"lIED.The second mistatcment deals with events 8ub~sequent to 1848 :-"A. W aterboer aDd his tribe 'Were in undisputed poaseeaiOD <strong>or</strong><strong>the</strong>land bounded OD <strong>the</strong> BOuth by <strong>the</strong> Orange River, £rom Ramah'Westward to Kheis, on tlu Mft hg tile li", from llaTIIIJA to DtMJUl', Graf;common witla tlaem afld.A. Kok', GriqllM; tTtmcl n"rtAwfsrtl to PlfltlJerg.and <strong>the</strong>nce by a Jine fixed by treaty with Mahura, and terminatingat Kheil af<strong>or</strong>esaid."The utter falseness of this boundary claimed byGeneral Hay f<strong>or</strong> Waterboer f<strong>or</strong> <strong>the</strong> first time in <strong>the</strong>hist<strong>or</strong>y of <strong>the</strong> country has already been so frequentlyexposed in <strong>the</strong>se pages as to require no fur<strong>the</strong>r comment.Anyone who has travelled, as I have done,over many of <strong>the</strong> 143 Free State farms it cuts off,who has seen <strong>the</strong> ancient appearance of <strong>the</strong> farmhouses(some of <strong>the</strong>m built thirty years and m<strong>or</strong>e), andhas conversed with <strong>the</strong> inhabitants on <strong>the</strong> subject,would experience as much difficulty as I do in moderating<strong>the</strong> expressions with which to characterizeGeneral Hay;s false testimony.In a despatch, dated" Cape Town, November 19 t1870," General Hay transmits, and recommends toEarl Kimberley's ". favourable consideration," <strong>the</strong>long-promised and expected "petition" of W aterboerto Her Majesty, praying to become, witb Iris people,.British subjects; and praying most particularly, andabove all, that" Griqualand West," 'With tIle diamonflfield8, may be proclaimed British territ<strong>or</strong>y.The "petition" is to be found at page 88,.Blue Book, "C<strong>or</strong>respondence respecting <strong>the</strong> affairs of<strong>the</strong> Cape of Good Hope," London, -August 17th,1871; but such an ungrammatical tissue of mendacityI have decided not to encumber <strong>the</strong>se pages.Digitized by Goog Ie


FURTHER IUSTATEMENTS.28Jwith, m<strong>or</strong>e especially as whatever evidence is<strong>the</strong>rein adduced in supp<strong>or</strong>t of 'Vaterboer's claim, hasa1ready been criticized at length and fully disposed ofin Chapters VI., VIII., and IX. The wbole thing hasevidently been concocted by Mr. David Arnot, ando<strong>the</strong>rs, f<strong>or</strong> Waterboer. From <strong>the</strong> earliest period ofGriqua hist<strong>or</strong>y, every event has been perverted andmisrepresented in <strong>the</strong> most shameless, transparentmanner, in <strong>or</strong>der to suit <strong>the</strong> compi1er's own fraudulentends, and make out a claim f<strong>or</strong> Waterboer to <strong>the</strong><strong>diamond</strong><strong>fields</strong>.In recommending this precious mass of false evidenceand fabrication, General Hay reiterates his'fallacies and mistatements, •• viz.:-That "many thousands of British subjects have emigratedthi<strong>the</strong>r . . . within GriqUillanl • . • and <strong>the</strong> Griqua Governmentfeels itself incompetent to exercise over <strong>the</strong>m . • • that auth<strong>or</strong>ity••. imperatively demanded," &c.We have already seen that none of <strong>the</strong> " many thousan&"were in Griqualand; that <strong>the</strong> Griqua Governmenthad notbing at al1 to do with <strong>the</strong>m; tbat <strong>the</strong>ywere all in <strong>the</strong> Orange Free State; and that on <strong>the</strong>6th of September, 1870, President Brand hadappointed :Mr. O. J. Truter as Special Commissionerat tbe <strong>diamond</strong> <strong>fields</strong>.He again misinf<strong>or</strong>ms Earl Kimberley that tbe " Free­~tate" had, "since tbe discovery" of <strong>diamond</strong>s"Assumed an attitude towards <strong>the</strong> Uriqua people and o<strong>the</strong>r tWO­,-,ginal (?) in/lallitantl, which plainly indicates an intention <strong>or</strong> seizingupon and appropriating _ •• nearly <strong>the</strong> whole of <strong>the</strong> Griqua and-------- --------------• V'~ p_ 86, Blue Book, II Crrcspondence respecting <strong>the</strong> atraira of<strong>the</strong> Cape of Good Hopc,"-Londo>D, lith AugQlt. 18i1.Digitized by Goog Ie


"282 GE~ER.\.L HAy's "40,000 MAN-EATERS."adjacent o<strong>the</strong>r native territ<strong>or</strong>y, and of ejecting <strong>the</strong>refrom <strong>the</strong> nativepopulation 6g tlIAom it i, now, «lui l<strong>or</strong> II lofII ,will 01 ye",., Nu bun. omlpiMl" ! ! !General Hay is referring to <strong>the</strong> <strong>diamond</strong> <strong>fields</strong>-to.Hauth <strong>Adamantia</strong> as claimed byWaterboerand Co. Ineed only repeat that not one native inhabitant-(Griqua) was to be found <strong>the</strong>rein when I was <strong>the</strong>re,.and during two years I took very particular troublctoobserve and ascertain that fact.In estimating <strong>the</strong> claims Waterboer has to British·consideration, General Hay states :-cc The firat of <strong>the</strong>ee imp<strong>or</strong>tant II81'ricea was rendered in <strong>the</strong> year1823, when a vast h<strong>or</strong>de of llantateea, e8timated at 40,000 ;".I,umller, was oompletely broken np by Waterboer'e spirited attackupon <strong>the</strong>m." •..I do not quote this monstrously exaggerated pieceof nonsense f<strong>or</strong> <strong>the</strong> purpose of argument, but merelyto I;how <strong>the</strong> <strong>African</strong>ders <strong>the</strong> na~ and quality' of <strong>the</strong>reasons adduced. by <strong>the</strong> robbers of <strong>the</strong> <strong>diamond</strong> <strong>fields</strong>,.and by which tho British Government has bee,nutterly deceived.In concluding this bri('f notice of General Hay'~.despatch-which may be classified as <strong>the</strong> "40,00Uman-eater" one-and his connection with <strong>the</strong> robberyof <strong>the</strong> }"ree State <strong>diamond</strong> <strong>fields</strong>, I beg to quoto, f<strong>or</strong><strong>the</strong> purpose of showing his gross ign<strong>or</strong>ance of tIl('things he professed to write <strong>about</strong>, and as most conclu­~ive)y proving tho fact, that he never can have seen are-J.l living Gri(IUa (·itber at home <strong>or</strong> abroad, uncimust have bccn shamefully imposed upon, <strong>the</strong> fi))-10wing extract:-" .•. Tho Gl'iquas ••• are in Q. peculiar" (very pecu1iar :.,... condition of civilization, es."entially difi'erent from that of <strong>the</strong>Digitized by Goog Ie


GE:SERAL H.A.Y'~ CONTRADIC'l'ORY IlEPORTS. ':!samaj<strong>or</strong>ity of native tribes here. They are all Ohristians • . . tlU'irlaws are not native, but European lawl. In· fact, tMy <strong>or</strong>" but littlerlmOHil in ciy;ilizatitm tiM tJdf)tmcII1Imt Irom tl"" condition olIVe" 01our oum J1'OP16 til i,U,tJlJit tJdjaeent part' 01 till Coltmy • • • Such tribesas <strong>the</strong>se seem to me to be <strong>the</strong> natural means by whose agencyAfrica may eventually in great part be civilized."I do not think that "such of our own people a ...inhabit adjacent parts of <strong>the</strong> Colony" will feel flattered,<strong>or</strong> will beg General Hay to become <strong>the</strong>irhist<strong>or</strong>ian.The gallant General evidently had an idea that.Earl Kimberley studied policy in Exeter Hall.How does he reconcile his declaration, dated 19thNovember, 1870, that <strong>the</strong> Grilluas "are but littleremoved in civilization and advancement from such ofour own people," &c, with his argument urged todtrain a point against President Brand in a despatch,dated October 15th, only thirty-five days bef<strong>or</strong>e, <strong>about</strong>., untut<strong>or</strong>ed people, such us Waterboer and members ofhis council" ?Here follows in extenlo <strong>the</strong> act of <strong>the</strong> Cape GO\"m'llment,upon <strong>the</strong> auth<strong>or</strong>ity of which <strong>the</strong> acting Govern<strong>or</strong>,General Hay, proceeded to appoint magistrates to t1l ..<strong>diamond</strong> <strong>fields</strong> :-ExTB.A.cr FROll THE ML'roTES Olo' TUE EXl:CUrrVB OOUNCII"SEPl'BllDEJl.14, 1870.DA'I t:1III 1. The Oouncil having taken into special consideration <strong>the</strong> circumatanoeaof a certain tract of oountry on <strong>the</strong> immediate b<strong>or</strong>dersot <strong>the</strong> Oolony, n<strong>or</strong>th of <strong>the</strong> Orange River, in which, owing to <strong>the</strong>recent discovery of <strong>diamond</strong>" in large numbere, a vast CODCOUrse ofpeople has come toge<strong>the</strong>r, f<strong>or</strong> <strong>the</strong> moat part, <strong>or</strong> at least in a vel'Ylarge prop<strong>or</strong>tion, subjectaof Her Majesty,:and considering that (1:,til" traet in fUlltion Ital till laul!! lit",. ",ert aM unoccupied, <strong>or</strong> Vel','"~pareely occupied, only at times f<strong>or</strong> nomadic purposes, and thatDigitized by Goog Ie


284 A.N ILLEGAL PIECE o~' LEGISLATURE.<strong>the</strong>re has (2) within til, Iflnu blm M ezlrcil, 01 flny r'cogniutlcif1ili:ud juri,diction, 8M (3) IlIfll tAw, il fIOnI ,ren nolD; and fur<strong>the</strong>r,considering that <strong>the</strong> title to sovereignty within <strong>the</strong> same is claimedby different parties (4) no,., 01.0110711 luu in IQCI IZlrcilltl juriltliceion,find (I)) eMe tAw, "no rlQlonabll prohQ/)ility 01 Gny of eM 'flid cltJimflnt IIb,ing within flny r'tllonabZ, tinu Q/)1I, if willing, to Mlrcil, prQCeic8lly flnyjurilrlietion tMrli,,; and fur<strong>the</strong>r, conIiti8ring IMt (6) tM c14imant whol<strong>or</strong> tM prumt appear. to Mce .Mwn tM Hat title to II" .oc,r'ignty o~'rlite IrQCt 01 country in guution if tM Grigua CflptGin, Nicoltuu WflkriJofr,and that he has by a public notice published by him on <strong>the</strong>25th August, 1870, declared his inability to exercise any effectivejurisdiction <strong>the</strong>rein, and has requested that Her Majesty's Govemmentshould take steps f<strong>or</strong> <strong>the</strong> prevention of crime, and <strong>the</strong> proservationof peace and <strong>or</strong>der among her own subjects in <strong>the</strong> same trac~of country: is of opinion that it is expedient that <strong>the</strong> powers conferredon His Excellency <strong>the</strong> Lieutenant-Govem<strong>or</strong> as admjnistering<strong>the</strong> Government of this Colony, by <strong>the</strong> Imperial Statute 26 and 27Vict. cap. 35, should be exercised by addressing to two <strong>or</strong> m<strong>or</strong>epersons, subjeots of Her Majesty within <strong>the</strong> said tract of country.commissions under <strong>the</strong> said Aot to exercise <strong>the</strong> powers and perf<strong>or</strong>m<strong>the</strong> duties of magistrates, f<strong>or</strong> <strong>the</strong> purposes of <strong>the</strong> said Act within <strong>the</strong>tract of country bounded by <strong>the</strong> limits hereinafter mentioned, thatis to say," From RaIMh on tM Orflng' Ricer, in " ,'rfl'g'" li,., to ])(lIJid',Grrl!, MflT eM juncture 0/ tM Rilt tJntl Hotltlw ri"r,; l!lMflJe in ",trflig"t li,., to PltJtberg nIfIr tM JT tJQ/ RiNr; <strong>the</strong>nce to <strong>the</strong> VaalRiver; <strong>the</strong>nce up <strong>the</strong> said river to its junotion with <strong>the</strong> Vet River;<strong>the</strong>nce from <strong>the</strong> said river in a straight line to <strong>the</strong> mission stationabove Bootschap near <strong>the</strong> Hart River; <strong>the</strong>nce in a straight line toBootschap; <strong>the</strong>nce in a straight line to Kramer's Fontein; <strong>the</strong>nceina straight hne to Griq ua Town, and from <strong>the</strong>nce in a straightline to <strong>the</strong> junction of <strong>the</strong> Vaal and Orange rivers, and <strong>the</strong>ncealong <strong>the</strong> Orange River up to Ramah af<strong>or</strong>esaid."And <strong>the</strong> Council advises that such Commissions should bitissued acc<strong>or</strong>dingly as soon as it shall be ascertained who will bo fitand proper persona to whom <strong>the</strong> same may be addressed ••• True Extract,U H.un>DEN WILLIS."1'he boundary here proclaimed cuts off from <strong>the</strong>Digitized by Goog Ie


THl-; "ACT" B.o\SED ON }o'ALSE I'RElIISES. 285Free State all <strong>South</strong> <strong>Adamantia</strong>, all <strong>the</strong> <strong>diamond</strong><strong>fields</strong>, and 143· farms, and is exactly that to whichWaterboer's fraudulent claim applies.The above act is based entirely upon a conclusionderived from <strong>the</strong> six specific premises, which I bavenumbered, and changed into italics.We have seen that Mr. O. J. 1'ruter was alreadyexercising jurisdiction as <strong>the</strong> Free State Special Commissionerat <strong>the</strong> <strong>diamond</strong> <strong>fields</strong>; and, if <strong>the</strong> previouspages of this w<strong>or</strong>k have accomplished but a tittle of<strong>the</strong>ir object, if I have succeeded in proving anything,it is, that eyery one of those six premises are utterlyand in toto false and inc<strong>or</strong>rect .. Thus <strong>the</strong>n, m<strong>or</strong>ally,<strong>the</strong> act itself becomes w<strong>or</strong>thless, fallacious, andinoperative. As f<strong>or</strong> those who framed it, well ruay wethus translate a classic proverb: "In <strong>the</strong> strongestlight <strong>the</strong>y exhibit <strong>the</strong> firmness which disdains toc<strong>or</strong>rect an err<strong>or</strong>, and <strong>the</strong> cunning which rejoices tosmuggle an enactment into law."• It appears, from a despatch of President Brand'a, dated February7th, 1872, tbat by that time it had been ascertained tbat in all U.3farms, including 33 witb Britisb title-deeds, were cut oW from <strong>the</strong> FreeState by <strong>the</strong> boundaries claimed oatenaibly f<strong>or</strong> Waterboer.Digitized by Goog Ie


286 OBJECT OF THE AUTHOR'S CRITICIS){:'.CHAP1'EH. XIII.J>uOratESS OF THE COLONIAL GOVERN}IENT~ ~ SGHF.~n!TO ANNEX THE DIAMOND FIELDS BELONGING TO THKORANGE FREE STAT}:; ANI> ANALYSIS OF THE F A.L8E.EVIDENCE OX WHICH THAT GOn:RN)(ENT ACTED.ANIlIUS FURA.."U>I OF THE OAPJI Govn.'OIENT'S POLICY: ED:lIPTI9lfTIIERU'BO¥ OF BOTH THE OoLOlUSTS ~ THEIR PARLLUlENT.­ADVENT OF GOVBRJiOR Alm HIGH OOlDfiSSIONEB. SIB. HENRyBARXLY.-HE FORTHWITH ADOPTS THE VOWS OF me PB.EDECESSORAND TIlE ExECUTIV.B OOUNCIL HOSTILE TO THE FREE STATE.-HISTJUUNE DESPATCH, A.lfD ITS GBOss MISTATEJmNTS.-PBESIDDTB:o..um's RuLn:s: Rll CHARGES THE COLONIAL GoVDlO(UT WITIIVIOLA.TING THE OO!l"YENTION on. TuATY OF 1854.-Sm H. B.ABJ[LYENDORSES W ATBRBOER'S JBBE ASSEB.TION OF FO:B.GERY AGAlNST THEFmm STATE GoVERNJBlfT, 'WlIICH P:B.E8IDDT BBAND REFUTES.­UNlUST A.RBrntATION PROPOSED BY Sm H. BABKLY.-P:B.ESIDKNTB:B.41m's F.uB. An LEGAL OOUNTBR PBOPOSAL.-SIR H. B.uua.TsMISB.EPuaDTATIONS TO EAm. KumEB.LEY.-'rHE B:B.ITI8K 00-VEllNYENT DECElYED, CONSENTS TO Am'"EX THE DUlI:OND FIELDS,UPON OBB.TAIN OONDITIONS. - CoMMISSION, EMBRACING mos!';CONDITIONS, SENT TO Sm H. BARny.The particular eff<strong>or</strong>t I am making to expose th(:'­utter falseness and hypocrisy of <strong>the</strong> reasons and argumentsadvanced by <strong>the</strong> Cape Government during it~hostile controversy with <strong>the</strong> Free State, is f<strong>or</strong> <strong>the</strong> mainpurpose of proving <strong>the</strong> felonious nature of <strong>the</strong> policyby which <strong>the</strong> Colonial Executive Council eyentuallyannexed <strong>the</strong> <strong>diamond</strong> <strong>fields</strong>-tbat being <strong>the</strong> onl'"Digitized by Goog Ie


TilE CAPE COLONISTS MiD J'.\I{I.IA)If:'~T RLiln:U:S::':. 2~7object f<strong>or</strong> which, from <strong>the</strong> first, those rulers of <strong>the</strong>­Cape undeviatingly struggled. No one acquaintc(l,vith tho true merits of th(> case could peruse <strong>the</strong>official c<strong>or</strong>respondence which ha.'1 emanated from <strong>the</strong>Cape Town Government House without keenly appredating<strong>the</strong> famous Frenchman's famous epigram,"Lie, lie, persistently lie, and something will coml'f)f it "!The Colonists, and <strong>the</strong> Colonial Parliament, I gladlyand especially exempt from all connection with, participationin, <strong>or</strong> responsibility f<strong>or</strong> <strong>the</strong> acts perpetratedby <strong>the</strong>ir " irrespoll8ible" Governme~t; <strong>the</strong> Parliamenthaving repudiated those act!ol, and <strong>the</strong> public havingreadily accepted that repudiation, though unable t(}guide <strong>or</strong> restrain that criminal policy of <strong>the</strong> cliqueeomposillg <strong>the</strong> Executive Council-an irresistible argu"ment in favour of <strong>the</strong> change of constitution, <strong>the</strong> lately('stab1ishcd "responsible" Government!On <strong>the</strong> 31st December, 1~70, Sir Henry Barklyarrived at Cape Town to assume <strong>the</strong> post of GovernOl~and High Commissioner, and with special instructionsto try and arrange <strong>the</strong> <strong>diamond</strong> <strong>fields</strong>' imlwoglio. Heat once, with <strong>the</strong> new year, entered upon his duties:possibly proving a great blessing to <strong>the</strong> Cape Colony,but certainly turning out to be a most undesirablcnew year's gift so far as <strong>the</strong> Orange Free State wale(·concerned.A few days bef<strong>or</strong>e his arrival President Brand andMr. Hutton had reached Cape Town, as mentionedin our last chapter, f<strong>or</strong> <strong>the</strong> purpose of pleading<strong>the</strong>ir country's cause against Waterboer and CO'N-. scheme.Influenced, no doubt, by <strong>the</strong> unfl'ipndly dispositionDigitized by Goog Ie


288 ADVENT OF sm HENRY DARKLY.to <strong>the</strong> Orange Free State and <strong>South</strong> <strong>African</strong> Republicdisplayed by <strong>the</strong> Home Government, and by <strong>the</strong> previousaction taken by his predecess<strong>or</strong>, General Hay;~nd being also entirely advised and instructed by Mr.Sou<strong>the</strong>y and <strong>the</strong> remaining members of <strong>the</strong> ExecutiveCouncil; <strong>the</strong> fact that Sir Henry Barkly at onceadopted <strong>the</strong> existing policy in all its unquestioningapproval 'of Waterboer, and all its undeviating bias,injustice, and hostility against <strong>the</strong>. Free State, can-excite but small surprise. Indeed, as a just hist<strong>or</strong>ian -of <strong>the</strong>se events, I must observe that it would have been-extremely difficult, if not impossible, f<strong>or</strong> him to havedono o<strong>the</strong>rwise. He could hardly, as a total strangerto <strong>the</strong> country and <strong>the</strong> past proceedings, commence-office in entire opposition to all his colleagues: m<strong>or</strong>eover,even had he been just-minded, independent, andwilling enough to do so, with an "irresponsible"Government, it was out of <strong>the</strong> question.Naturally enough, under <strong>the</strong>se circumstances <strong>the</strong>visit of President Brand had no effect upon <strong>the</strong> longpredetermined policy in question. In continuationof my eff<strong>or</strong>t to expose <strong>the</strong> false views and inc<strong>or</strong>rectarguments of <strong>the</strong> late Oolonial Government, I mustnow notice <strong>the</strong> c<strong>or</strong>respondence which ensued between<strong>the</strong> President and Sir H. Barkly.Although from one sentence written by <strong>the</strong> Govern<strong>or</strong>to Earl Kimberley in a despatch dated, "Bloemfontein,March 8, 1811,"·-" F<strong>or</strong> it appeared to methat <strong>the</strong> British Government had al1'eadu gone too farto admit of ill cBaBing to BUpp01·t tIle caUl8 of Watwboer,"-wemight well dismiss all discussion of Sir• Vide p. 133, Blue Book "C<strong>or</strong>respondence rea~ting <strong>the</strong> aft'aira of<strong>the</strong> Cape of Good Hope,"-London, August 17, 1871."Digitized by Goog Ie


SIR H. BARKLY PRONOUNCES AGAINST THE FREE STATE. 289H. Barkly's policy as being that of an undoubtedlybiassed and unduly influenced partizan, yet that wouldnot illustrate upon what false and inc<strong>or</strong>rect premiseshis arguments were founded; so those I proceed toextract from his despatches.President Brand had produced(in addition to <strong>the</strong> veryample evidence already reviewed in Chapter VI., VII.,VIII., IX., X., as "Minutes of <strong>the</strong> Meeting at Nooitgedacht")not only a certified extract from <strong>the</strong> booksof <strong>the</strong> Register. of Deeds at Bloemfontein, quoting <strong>the</strong>title deeds to one hundred of <strong>the</strong> Free State farms cutoff by <strong>the</strong> lina claimed f<strong>or</strong> Waterboer from Ramah viaDavid's Graf to Platberg, eighteen of which certificateaIuJd been iaaued bg MaJ<strong>or</strong> Warden, <strong>the</strong> Britiah Reaident,during <strong>the</strong> eziatence of <strong>the</strong> Sovereignty nineteen geara ago,but many o<strong>the</strong>r <strong>or</strong>iginal letters and documents, to anyreasonable mind, most conclusively proving that <strong>the</strong>disputed territ<strong>or</strong>y of <strong>South</strong> <strong>Adamantia</strong> had f<strong>or</strong> manyyears been part of <strong>the</strong> Free State, and never land ofWaterboer's. Sir H. Barkly, in a set of three despatchesin reply <strong>the</strong>reto, dated "Government House, 2.JrdJanuary, 1871," made (<strong>or</strong> ra<strong>the</strong>r shall we say, Mr.Sou<strong>the</strong>y made f<strong>or</strong> him) <strong>the</strong> following misstatements:-In <strong>the</strong> second of <strong>the</strong> triad, disputing PresidentBrand's proof that, upon <strong>the</strong> death of Andries Waterboer,<strong>the</strong> British Government had ceased to be inalliance with <strong>the</strong> Griquas under that Chief's son andsuccess<strong>or</strong>, <strong>the</strong> present Waterboer; and that by Article2 of <strong>the</strong> Convention of 1854 (See Chapter III.) anyfuture treaty with that Chief was estopped; Sir H.Barkly declared :UDigitized by Goog Ie


290 "SUO SIBI GLADIO HUNO JUGULO."" Sir Ge<strong>or</strong>g' GreyliafJing," notwithstanding Sir Ge<strong>or</strong>ge Cathcart'.unwillingness to do so, rmewed and conjif"fMll with <strong>the</strong> Ohief' NioolasWaterboer, tM "lj-8afM arrangmme wAich lIad lJem ",twed i"to withhil fatller, Andric8, iJy Sir Benjamin D' UrlJan."This statement is exactly contrary to fact. Advertingto it in a despatch dated "Cape Town, ~ anuary25, 1871," President Brand and Mr. Hutton observet:-" We would feel obliged if your Exoellency would f'a?Our UBwith a oopy of <strong>the</strong> treaty 'renewed between Sir Ge<strong>or</strong>ge Grey and<strong>the</strong> Ohlef W aterboer,' mentioned in your letter of' <strong>the</strong> 23rd instant,Section 4."Oertel, Sir H. Barkly here was guilty of a seriousfaus paa. Replying to <strong>the</strong> above request, he had toshufile out of and deny his first statement, by a despatchdated <strong>the</strong> next day, admitting ~:-" I am unable to accede to your Honour's request to be furnishedwith a copy of <strong>the</strong> treaty 'renewed, between Sir Ge<strong>or</strong>ge Grey and<strong>the</strong> Ohlef Nicolas Waterboer,' flO fOf'flllil tlooummt liafJing _ ~«lnlCel8twy " !As treaties are "f<strong>or</strong>mal documents," that of 1834,between' Sir B. D'Urban and A. Waterboer (as we haveseen at page 81, Chapter IV.) was not "renewed andconfirmed" !In trying to escape from <strong>the</strong> distinct provisions ofArticle 2, of <strong>the</strong> Convention of 1854, <strong>the</strong> Govern<strong>or</strong>states §:-"To suppose that • • • <strong>the</strong> substitution of British f<strong>or</strong> native• Vide p. 127, Blue Book, II Oerrespondenoe reepectiDg <strong>the</strong> afF,ura of<strong>the</strong> O&pe of Good Hope"-London, August 17,1871.t Vide p. ISO, 11M. .l 16ia'§ Vide p. 128, Ibid.Digitized by Goog Ie


THE NEW GOVERNOR'S LOGIC EXAMINED. 291rule is likely to prove' injurious <strong>or</strong> prejudicial' to <strong>the</strong> Orange FreeState is an hypo<strong>the</strong>sis which need not be seriously discussed."But <strong>the</strong> second party to <strong>the</strong> Treaty <strong>or</strong> Convention of1854 thought o<strong>the</strong>rwise, and did not appreciate <strong>the</strong>rationale of being thus cavalierly treated by <strong>the</strong> firstparty. It is true, if Sir H. Barkly's position was to bemaintained, <strong>the</strong> "hypo<strong>the</strong>sis" had better not be seri­'ously discussed. But setting aside f<strong>or</strong> a moment <strong>the</strong>irresistible fact that <strong>the</strong> territ<strong>or</strong>y in which this Britishrule was to be substituted was de facto under FreeState, not native, rule, let us observe PresidentBrand's logical refutation of <strong>the</strong> Govern<strong>or</strong>'s" hypo<strong>the</strong>sis."In a despatch dated "Bloemfontein, March 4th,1871 ," <strong>the</strong> President replying lerlatz'm to <strong>the</strong> Govern<strong>or</strong>'striune communication of <strong>the</strong> 23rd of January last,states- :"Article 2 of <strong>the</strong> Convention states that' Her Maj"ty', GfII1ernfllmtAlII no wHh <strong>or</strong> ifltmtion to Iftter Awlfljter into tiny er,at;"whioh 'III1f!/ H i,.jvriquB <strong>or</strong> prljudioitll to eM inter"e. 0/ tM Orang' FruBlau.' And our Government maintains that entering into a treatywith a native Ohie~ <strong>or</strong> entertainj.ng his application to be receivedwith his people as British subjects, fIt " tim, whiff M fl.,,, tMrigAu 0/ 'M Orflff!l6 Fr" Blau, must necessarily' be injurious andprejudicial' to its interests, as it <strong>the</strong>reby becomes involved in differenceswith <strong>the</strong> British Government."(Finds <strong>the</strong> diiIerence with <strong>the</strong>" Native Chief" transferredto <strong>the</strong> British Government, and <strong>the</strong>reby becomesplundered of its territ<strong>or</strong>y, <strong>the</strong> President might haveadded) •.." Supposing <strong>the</strong> Free State W M fl.u with a native chief, and• vu. p. 168. Blue Book. .. O<strong>or</strong>respondence respecting <strong>the</strong> afFairsof <strong>the</strong> Cape of Good Hope."-LondoD, Auguet 17, 1871.u2Digitized by Goog Ie


292 SIR H. BARKLY'S FIRST, OR TRIUNE DESPATCH.Her Majesty's Government, acceding to his request, received him 88a British subject, it might not 'be injurious <strong>or</strong> prejudicial to <strong>the</strong>interests of <strong>the</strong> Free State.' "This reply; <strong>the</strong> distinct terms of <strong>the</strong> Conventions of1852 and 1854, "dilclaiming all alliances whatever and'loith whomsoever of <strong>the</strong> coloured naOO", to <strong>the</strong> ''fU)rtn, of <strong>the</strong>Vaal River"; <strong>the</strong> policy carried out by Sir HarrySmith, Sir Ge<strong>or</strong>ge Cathcart, and Sir Ge<strong>or</strong>ge Grey; and<strong>the</strong> specific instructions given by <strong>the</strong> Home Govemment,by <strong>the</strong> Duke of Newcastle, <strong>the</strong> Right Hon. H.Labouchere, &c.; utterly falsifies Sir H. Barkly'slogic. We need not discuss <strong>the</strong> point any fur<strong>the</strong>r;certainly <strong>the</strong>re is scarcely a man in <strong>South</strong> Africa whowill deny <strong>the</strong> publicly accepted fact that <strong>the</strong> 'supp<strong>or</strong>t'of Waterboer' by <strong>the</strong> British Government, and <strong>the</strong>subsequent annexure of <strong>the</strong> so-called "GriqualandWest," was very particularly "injurious and prejudicial,"to <strong>the</strong> Free State, and was done solely tosteal <strong>or</strong> " jump" its <strong>diamond</strong> <strong>fields</strong>.In <strong>the</strong> third of his three despatches of <strong>the</strong> 23rd ofJanuary, Sir H. Barkly makes <strong>the</strong> following misstatementsand fallacious arguments:-ExTB.A.OTS FRO. DB8l"ATOB::(a) "3. I ga<strong>the</strong>r from <strong>the</strong> o<strong>or</strong>respondencebetween my predecess<strong>or</strong>and your Honour thatGeneral Hay WIU tmal1u to tlntlw,tMuiby wll&t proe". tMOrang' Fr" Stau GOfJwnmme11,CllmI pOI.""d 0/ ,0f)tJr,ign rightlOfJtJr tM Urrit<strong>or</strong>y in gUlltion; f<strong>or</strong>even if it be assumed, f<strong>or</strong> <strong>the</strong>RBM:.ux8 TBBBBON:(a) It is a very old and truesaying that, "You can tell a mana thing, but you cannot find himbrains to understl!.nd it." IfGeneral Hay a.nd Sir H. Buldywere "unable to understand"<strong>the</strong> ., process" in question, <strong>the</strong>admission simpl,. m6ans that<strong>the</strong>y were unable to fuUil <strong>the</strong>• rule p. 128, Blue Book, "O<strong>or</strong>respondence ~tiDg <strong>the</strong> d'ainof <strong>the</strong> Oape of Good Hope."-Lonclon, 17th August,1871.Digitized by Goog Ie


REVIEW OF SIR H. DARKLY'S DESPATCH. 293sake of argument, that O<strong>or</strong>neliusKok was an independentOhief, and that Waterboer wasa consenting party to <strong>the</strong> Vetbergline being defined byAdam Kok, all that that proceedingappeared to have acoompliahedw(u (6) to I,QfJ, tM la1l/Un<strong>or</strong>th of that line and between<strong>the</strong> Vaal River and <strong>the</strong> lineclaimed by Waterboer fromRamah to Platberg, witMn tMlimit, of' O. Kolf, i"d~mtUntiurutlictiMJ; and <strong>the</strong>re do notseem to have been any fur<strong>the</strong>r<strong>or</strong> subsequent proceedings bywhich <strong>the</strong> Free State acquired<strong>the</strong> rigAt8 0/ 'OI1tJrligntg withinthose lines."4. I oonteaa that I amlabouring under <strong>the</strong> same difficulty&II my predecess<strong>or</strong> experienced••.(0) " ••• It is aaserted in substancethat <strong>the</strong> territ<strong>or</strong>y claimedby W ater~ within what isdenominated <strong>the</strong> Vetberg line,has belonged to <strong>the</strong> OrangeFree State, and been in <strong>the</strong> undisturbedoccupation of its subje0t8during <strong>the</strong> last twentyY8&1'8. It now appears, howner,that <strong>the</strong> Deeds Registry ofyour Government shows that, upduties of <strong>the</strong>ir high office.Everyone in <strong>South</strong> Africa, exceptthose two Govern<strong>or</strong>s, knowsthat when a civilized Government<strong>or</strong> white population buysground from a native Ohief, <strong>the</strong>sovereign <strong>or</strong> territ<strong>or</strong>ial rightgoes with <strong>the</strong> sale i in this caae,m<strong>or</strong>eover, it was specially understood.O<strong>or</strong>nelius and AdamKok always so sold <strong>the</strong>ir land itMy MlltJr disputed <strong>the</strong> transferof sovereign rights i and whenAdam Kok left f<strong>or</strong> Nomansland,he sold oft' to <strong>the</strong> Free Stateall of <strong>the</strong>ir lands that hadnot previously been bought.He has .never since claimed anysovereign rights i and es SirH. Barkly mean to s that<strong>the</strong>y are still vested in hi(6) At <strong>the</strong> time <strong>the</strong> Vetbergline was made, <strong>the</strong> Free State didnot po88888 all <strong>the</strong> land up to it ionly such farms 8S had <strong>the</strong>n beensold by Adam and C<strong>or</strong>neliusKok.(c) President Brand thus re-­plies-: "On <strong>the</strong> 3rd February,1848, Her Majesty's sovereigntywas proclaimed over <strong>the</strong> territ<strong>or</strong>ybetween <strong>the</strong> ' Orange River, <strong>the</strong>Vaal River, and <strong>the</strong> Drakensberg. '.•• That ttJrrit<strong>or</strong>y w(u 6y .A.rtic18 1oft'" Oon.,mtion 0/ F,lwury 23rtl,1854, t,.tlm/".,.,il to tkou rkl8gtlutl6g tM inWittlntl to ,.uIi.,6 it. • •The Government of <strong>the</strong> Orange• V'uLt p. 157, Blue Book. "O<strong>or</strong>reapondence respect.mg <strong>the</strong> affairs of<strong>the</strong> Oape <strong>or</strong> Good Hope."-London. August 17th, 1871.Digitized by Goog Ie


294 REVIEW CONTINUED.to <strong>the</strong> time of hie death in <strong>the</strong>year 1858, C<strong>or</strong>nelius Kok exercised<strong>the</strong> right of disposal oflands within that liDe, both bysale and by grant, and that IIWlhealee <strong>or</strong> grants were in moatcas88 made in favour of Griquae,• enbjects' of his own, and aleothat thoseGriquaa afterwardssold indiseriminate1y to Britishflubjeote <strong>or</strong> subjects of o<strong>the</strong>rf<strong>or</strong>eign powers, as well &8 topersons bel~nging to <strong>the</strong> OrangeFr(\e State, and it was after <strong>the</strong>sesales had been effected that <strong>the</strong>lands 'fere first enregietertMl i.Rt he Deeds Register ef yourHonour's Govel'Dm~t • • .Cd) "6. I am at a 1088 to und erstandon what principle, evenImpposing <strong>the</strong>se sales had allbeen made to subjects of yourGovernment, tM tran,/,,- 0/ pro­PITt!! in land BituattJ witMn ontJState 10 tlHJ ,uhJ~ct 0/ anotlUJr cantram fer tM 8OlJertJignt!! ()f1"-tMland from tM G()f1wnmmt 0/ eMvend<strong>or</strong> to t/aat 0/ tM purcNutJr· i<strong>or</strong> on what principle, whUe <strong>the</strong>Sovereignty remained, acc<strong>or</strong>dingto your Honour'A <strong>the</strong><strong>or</strong>y, in C<strong>or</strong>neliusKok and his success<strong>or</strong>s,tM FrN State Governm""t p,,-mietedtM'6 landa to h, enregi,ew,d init, Land Regi,ter; (,) and thisenregisterment, seems even m<strong>or</strong>eFree State maintains that '"tIN Con"mtitm tIN tmt<strong>or</strong>iallimit,0/ eM StaU w,,-, Jo"ndtJtl 6y eM'Orang' Rivw, Uta Vaal Ri",,- aueM Drlllunlh,,-g;' but, to avoiddisputes, it was willing t,., accept<strong>the</strong> liDe made by Captain AdamKok, on <strong>the</strong> 5th October, 1856,between Captain Waterl:oer andC<strong>or</strong>nelius Kok.Ctlpu.in ConttJliUl Xo" .,oI.n­Wily ,ub,itted to r.md _wiuland l1f'POU1,,-ed tM mr,,.,ltJrmtJnt intM IAnd llIgiltw 01 'M 8t4t, ofseveral farms sold by him andhis subjects to different partiee.(,.) By <strong>the</strong> law of <strong>the</strong> State noNturalisation i, tUHUarv to enablepersons not being burghersto hold landed property i and<strong>the</strong> fact of partiee appearingbef<strong>or</strong>e <strong>the</strong> Registrar of Deeds toobtain transfers and enregistermentsin our Deeds RegistryOffice shows t1uJt tllq rtoogniudafld ackflowledged that tIN grwndwal ,it.ated williin 'M territ<strong>or</strong>iallimi', 0/ tM Orang' Fr" 8t4U,and BUbJict to tile i.riBriiolJion of itacourti a, tJUJ LOCUS RBI BITAB."(d.) Sir H. Barkly, &8 we haveconclusively shown, discoveredthis mare's nest simply becausehe was " at a 1088 to understand"<strong>the</strong> ancient and unchangeablecustom which has always prevailedthroughout <strong>the</strong> country.He should have atndied its his-• Sir H. Barkly of COU\'se ign<strong>or</strong>~s <strong>the</strong> fact that" <strong>the</strong> Government <strong>or</strong>t he vend<strong>or</strong>" did, acc<strong>or</strong>ding to its cnstom, transfer <strong>the</strong> .. 8Overe;~ty " to<strong>the</strong> de/acto Government 0" of <strong>the</strong> purchaser "-tbat of tbe Free ;state.Digitized by Goog Ie


SIR H. BARKLY'S ARGUMENTS VENTILATED. 295unaccountable when we find thatmany of <strong>the</strong> persons to whom <strong>the</strong>Griquas BOld were subjects ei<strong>the</strong>rof Great Britain <strong>or</strong> of o<strong>the</strong>rStates f<strong>or</strong>eign to <strong>the</strong> OrangeFree State.U) Ie 8. I apprehend that <strong>the</strong>seentries • • • go to show that upto 1857 that Government W",, _ tlil raot .It'DiI, '()f)",Iig,.potIJI1' witM,. 1M limit, of tMY lib"., Ii,." fIntl tMe tM landl ..,.tpUltitnt Wit', tAm /Ulmittltl to 1HIriAi,. GriqutI twrit<strong>or</strong>y, with respectto which Griqua subjects,with <strong>the</strong> full knowledge and consentof <strong>the</strong> Free State Government,ell:eroieed <strong>the</strong> right of disposalboth by sale and grant.(9) "I obae"e that out ot <strong>the</strong>fifty-sa farms (100 altoge<strong>the</strong>r)enumerated, tUlmtg-'IfJ'1I are allegedto have been sold<strong>or</strong>grantedby Oaptain C<strong>or</strong>nelius Kok, between<strong>the</strong> years 1855 and 1859,1M latw tltJU "ling, fUC(Wding to tM"'"""'" of w: O. C<strong>or</strong>nw, at 'til,frUIt .. ,., atNooitg,flIIoAt, a ,"',. aftit'Ail tlHt,,; indeed, <strong>the</strong>re is one,No. 39, entered as having beeugranted by O. Kok in 1865,which may be a clerical err<strong>or</strong>perhaps, when he had, acc<strong>or</strong>dingto<strong>the</strong> bef<strong>or</strong>e-mentioned evidence,been dead f<strong>or</strong> seven years.(A) "9.YourHonouris alreadyaware, I believe, that <strong>the</strong> Ohieft<strong>or</strong>y bef<strong>or</strong>e he so foolishly andpositively published his opinions.(I) In this misrepresentationSir H. Barkly's wish must havebeen fa<strong>the</strong>r to <strong>the</strong> thought, f<strong>or</strong>no impartial person, po88essingany inf<strong>or</strong>mation on <strong>the</strong> subject,could be ign<strong>or</strong>ant of <strong>the</strong> factthat <strong>the</strong> line of froutier fannsbought by Free State subjects (aboundary continually advancingby fresh purchases) f<strong>or</strong>med <strong>the</strong>line of demarcation between thatState aud C<strong>or</strong>nelius Kok, twofarms, Driekoppan (No. 234),and Waterbak (No. 235), on tMJTetlJerg Ii,." having been boughton <strong>the</strong> 16th March, 1849.(9) To this charge, in his despatchabove quoted, PresidentBrand replies:II I have <strong>the</strong> honourtoobae"ethat, "c<strong>or</strong>ding to til, lilt, ONLYONE PARK, fl •. , C Mosip, No. 127,is stated to have been sold byCapt. O. Kok in 1859. • • • Thisis a clerical err<strong>or</strong>. • • • Thisfarm was sold on <strong>the</strong> 9th November,1859, by W. O. O<strong>or</strong>ner,uuder power of att<strong>or</strong>ney of O.Kok, 8th July, 1856, subsequentlyratifiedby Oaptain AdamKok on <strong>the</strong> 14th June, 1859."II The date of farm No. 39,Do<strong>or</strong>nlaagte,iserroneously copiedby <strong>the</strong> clerk as granted by O.Kok in 1865; it ought to havebeen 29th October, lR55."(A) President Brand's replycompletely annihilatee<strong>the</strong> .paruDigitized by Goog Ie


296 MESSRS. WATERBOER AND CO.'S ARGUMENTS.\V77t77rboer only (mittod this D¥}&4h",ment.paH¥>r¥> conn¥>c&&ddzl witV<strong>the</strong> farm named Va.alboschpan,No, 55 on th¥> list unde&'ol&ie,oation,.. • 1. Deed of sale by Oapt. O.Kok to Willem Smit, dated lOthJ eKki&ary, . upoe dtJ\ichweAtteu a ee'fu~h(ate by <strong>the</strong> Regis,trar of Deeds at Bloemfontein,<strong>the</strong>t <strong>the</strong> proyKkity was t(Kkie(ferredat \'77uresmitf 77n <strong>the</strong> July,1860, and at Bloemfontein, pro,visionally, on <strong>the</strong> 18th August,"folk+dtJ <strong>the</strong> der£5i ¥>f fivesuccessive sales and transfers)... Waterbm3r has dredtJdd atten,ti77r to thr,ircum,stances:... 2nd. That <strong>the</strong> document, purpoVi77gto bg deed eale byments.. The Ql8ertiou of Waterboerare disproved by 88veral independedltwitn988+dtJ andOmnia prtUUmuntur riU "./lCta, , find tkflt frflud flM f<strong>or</strong>g".,ere pr8llWJ£jri, but mr&t hiar77 77dtJInd anrnelh77& an\declare that <strong>the</strong> sale took placevn <strong>the</strong> lOth January, 1855,and it quite Hroistent dtJithfact Oom77hdtJ77 Kokafter 1856 have given a writtenZ:+Ortifim Kok ir H77re than zmeinstance tLlso did, in perfect goodfjuth, dated it th77 day 0HondtJhich traD8dtJJtion WdtJd!eluded.(In supp<strong>or</strong>t of Presidentllrand'z:begclare Wah, bef<strong>or</strong>e left <strong>the</strong> FreeState, I took particular pains tohJvestig<strong>or</strong>z3 thisin Jun, /72, at Toit'iin <strong>the</strong> presence of Mr. J. GeraldDonovan, late Government In-LipectoT Pniol, Mr .. f:n P


HARD FACTS t'. SIR H. BARKLY'S LOGIC. 291CiSbptain C. Kok, is in <strong>the</strong> handwritingof "'tV. O. Oomer, who i£3thiSb wit£3es£3 to <strong>the</strong> 0£3marks said to be tbose of C. Kokth£3rsoiSb,-anh th£3t by tbe iSb?iSbter~mark upon <strong>the</strong> paper on whichd£3iSbiSbJIDeiSbt iscanbe seen that it (<strong>the</strong> paper) wasmiSbiSbufacturod in 856, £3r yeai'aft£3r th£3 dat£3 of <strong>the</strong> deed of £3al£3written upon it.''3rb, ThrttbobrBtm>oeiSb?i21ter~ment in <strong>the</strong> books of tbe OrangeF2i,Hl St,iSbte, iSbn tbe b2Jth ,luly>1860, was permitted to be madeby Mr. J.iu hi"C&bacity as iSbhent iSbf tbo said WO. Comer, he (Comer) reprsseiSbtingthat his iSbiSbthO:dtyiSb?iSbS apower of att<strong>or</strong>ney granted to himby KiSbk OiSb <strong>the</strong> tth Jlliy,although it was <strong>the</strong>n (in July,18FJh) miSbll kunwn that GomiSbliu21Kok had been dead several ye!U'B,amP DOnllIJumtly t,hu$; any pow". 0/att4}rtuy h21ant9d Aim lIiI liJetim,lI4d tMrehy becom, fJoi~.11. ThiSb210 hiSb,Jts ?) certainlymust appear to any impartialperlS' .. momchweight (i) to Waterboer's I!r"lsertionas to <strong>the</strong> hctitious nature ofBOlliO at loast f>f tho triSbiSbsa.ctionsby means of which registration oftho lan>l" iu yueotipn has hoenobtained <strong>or</strong> procured in <strong>the</strong> booksof <strong>the</strong> OOiSbngn Fr,>o StiSbtO."(Surelp Sir K Barkly doesnot refer to himseIt as an 1m-Crossley, f<strong>or</strong>merly Captain AdamKok's Gooomm¥>ntiiSbf<strong>or</strong>med m>" that it luJj, bem tMcommon practice by tM GovtlriimmtBboth Kol7ft to »ntedn&7ft rfrSO>1w>"t" NgUe8tB" <strong>or</strong> titk-tk~, in placeGiSbt tM Pate t,It<strong>or</strong>iginal grant, and that M, by CaptaiiSb.A,P"m .hio"'> tlirfrS>'ti01t4?, h&zi/""bumtly tlnn,e 80,)With <strong>the</strong> documents filed intho olliz2e th> ohDeeds, in connection with <strong>the</strong>fa>'lO. 'lliaalbiSbschpan,> a 22rti,tied copy of a power of att<strong>or</strong>neyby Gaptoin Koh, euecutq,±I atCampbell on <strong>the</strong> 8th July, 1856,appointingW. (t"me2 hi>'&g2nt »>dOiSb<strong>the</strong> back of w hieh is written :±I, llie ,o,flamKok, lawful success<strong>or</strong> and exe­CiSb2,4?r thiSb lato O. Gmebof Oam±Ibell, hereby declare tonominate an,l appoint, hy .i".'1;ueof thiSb afoiSbiSbwrittman pow¥» obatt<strong>or</strong>ney of <strong>the</strong> late C<strong>or</strong>neliusK2h, William Oiiilvie O<strong>or</strong>·ner, of Philippolis.A.l?iSb31L K,2K,As witnesses :W. C"ROSSiSbiSbY.JA~'"ES CoRN2iSb?Philippolu, 14 Ju"" 1859. "On"'202r, 2b, Ohohter10.)"Gut iSb2en thatit could be clearlh established ina court of law that <strong>the</strong> trWlBfer


Ii298 FURTHER RD"UTATION OF SIR H. BARKLY'S THEORIES.quentIy persisted in <strong>the</strong> viewsannounced in this despatch,despite <strong>the</strong> proof by PresidentBrand that no matter how "fictitious"<strong>the</strong> "transactions" respecting"<strong>the</strong> lands in question"might have been, "that couldnever give W aterboer any right inthat really his charge of "ficti.tious sales" waa false i and thatf<strong>or</strong> many years <strong>the</strong> land had beentil irw, and d, facto Free Stateland? M<strong>or</strong>eover, considering hepersonally well knew that <strong>the</strong>New Zea.la.Jl.d colonists whobought native land are not underMa<strong>or</strong>i sovereignty, it does notprove imputiality by pretendingnot to understand parallel casesin <strong>the</strong> Free State.)made without BU1B.oientauth<strong>or</strong>ity,that might have been a groundf<strong>or</strong> <strong>the</strong> late Captain C<strong>or</strong>neliusKok, <strong>or</strong> <strong>the</strong> Orange Free StateGovernment - aa having byvirtue of <strong>the</strong> sale of <strong>the</strong> 26thDecember, 1861, become OWll81'lof all <strong>the</strong> open ground which belongedto C<strong>or</strong>nelius Kok-to luef<strong>or</strong> <strong>the</strong> cancellation of <strong>the</strong> trauafer,if it could be IhOWll that <strong>the</strong>yhad exercised due diligence, andhad not been <strong>the</strong> cause by <strong>the</strong>irsilence and laches of injuringinnocent purchasers i but tllstcqu/tl nnw gifJ' TV ilUrw till,,.iglt to tMt/a,.m."I ca.nnot close this review of Sir H. Barkly's ezparte and ez hypo<strong>the</strong>si maintenance of Waterboer'sfraudulent claims, without giving two <strong>or</strong> three m<strong>or</strong>equo~ations from President Brand's logical and irresistiblypowerful reply:". The Orange Free State Government haa exerci8ed jurisdictionover, and its people have been in undisturbed possession and oooupationof, <strong>the</strong> 140 farms situated in <strong>the</strong> tract of country whichWaterboer now claims to <strong>the</strong> south of <strong>the</strong> Vaal River since 1854.In <strong>or</strong>der to obtain posleasion, Waterboer must ~ve attacked <strong>the</strong>people and driven <strong>the</strong>m oft' <strong>the</strong>ir farms. Snpposing he hadattempted to do 80, would <strong>the</strong> British Government have give himany supp<strong>or</strong>t" ?Referring to Waterboer's petition f<strong>or</strong> British aid andannexation, President Brand adds :" Bllt when such request is made and acceded to at a time whena native Chief 8ets up a claim to land which ,ve maintain unquestionablyi8 within <strong>the</strong> territ<strong>or</strong>y of <strong>the</strong> Orange Froe State, and which hasDigitized by Goog Ie


A PRETTY PROPOSAL. 299been t<strong>or</strong> a series of years in <strong>the</strong> occupation of our people, and someunder British titles (II), <strong>the</strong>n our Government certainly views it as, injurious and prejudicial,' and contrary to Article 2 of <strong>the</strong> Oonvlmtion."Cerra, if Sir H. Barkly's lucubrations require <strong>the</strong>explanation of Josh. Billings-" This is logic,"-<strong>the</strong>same cannot be said of his c<strong>or</strong>respondent's!The British Government, <strong>or</strong> ra<strong>the</strong>r Earl Kimberley,deceived by General Hay's misstatements of <strong>the</strong> case,instructed Sir H. Barkly on his departure to assume<strong>the</strong> gubernat<strong>or</strong>ial office, that, "It would be most desirablethat <strong>the</strong> proposals made by Sir Philip W odehousef<strong>or</strong> a settlement of <strong>the</strong> disputed claims by arbitration,should be renewed and urgently pressed."Sir H. Barkly <strong>the</strong>reupon, in <strong>the</strong> trio of despatchesunder review, urged upon <strong>the</strong> Free State " a referenceof <strong>the</strong> whole matter to arbitration"; meaning, of course,<strong>South</strong> <strong>Adamantia</strong> as well as <strong>the</strong> Campbell lands! Inhis reply to President Brand's request to be furnishedwith a copy of <strong>the</strong> renewed treaty Sir H. Barklyalleged (but afterwards denied) to hQ.ve been madewith Waferboer, <strong>the</strong> Govern<strong>or</strong>, after stating that hedid possess "<strong>the</strong> document purpGrting to be a deed ofsale referred to as written on paper manufactured ayear after <strong>the</strong> alleged date of <strong>the</strong> transaction," goes onto say, "I am not certai1l that anu o<strong>the</strong>r of Waterhoer'ayrooft are in p08aeaaion of this Government"! Yet, inspite of this distinct admission that all Waterboer'scase besides that refuted document consisted of <strong>the</strong>petty claimant's ipae dixit, Sir H. Barkly actually presumedto propose to <strong>the</strong> Free State Government asubmission of its rights to its 143 farms to arbitration!-to propose upon only this exploded piece of evidence,that <strong>the</strong> Free State should submit to arbitration its un-Digitized by Goog Ie


300 PRESIDENT BRAND PROPOSES FOREIGN ARBITRATION.doubted territ<strong>or</strong>y, embracing 143 long inhabited, builton, and improved farms, and (a) on thirty-three ofwhich <strong>the</strong> British Sovereignty Government, previousto <strong>the</strong> Convention of 1854, had year after year leviedquit-renh without <strong>the</strong>ir discovering, <strong>or</strong> even so muchas hearing of, Waterboer's pretended right to <strong>the</strong> land!At <strong>the</strong> instance, too, of that insignificant semi-savage,who never owned a foot of <strong>the</strong> land, and ka8 f16ver evendirectlll a88erted that ke did; although, in <strong>or</strong>der to createa plausible pretext f<strong>or</strong> seizing <strong>the</strong> . <strong>diamond</strong> <strong>fields</strong> f<strong>or</strong><strong>the</strong>mselves, <strong>the</strong> members of <strong>the</strong> Cape Government havechosen to interpret his indirect claim, through C<strong>or</strong>neliusKok as his sub<strong>or</strong>dinate, as a direct and positiveproof of ownership!In concluding his reply to Sir H. Barkly's trio ofdespa.tches of <strong>the</strong> 23rd of .January, 1811, PresidentBrand makes <strong>the</strong> following just and reasonable offer:-"But, as her Majesty's Government has, by stepa taken uponWaterboer's request, "irtually heCIItM a pariy to tM oontf'OfJ".'!I,and as it is of <strong>the</strong> utmost imp<strong>or</strong>tance that we should have a clearunderstanding as to <strong>the</strong> true intent and meaning of Articll 2 of <strong>the</strong>Convention, I would be ready to recommend to <strong>the</strong> Volksraad-whoalone has <strong>the</strong> power to decide such a question-to reCer <strong>the</strong> followingquestions to <strong>the</strong> decision of any independent power (f<strong>or</strong> instance, <strong>the</strong>President of <strong>the</strong> United Statee of America, <strong>or</strong> to <strong>the</strong> King ofHolland):-"lBt. Whe<strong>the</strong>r, under <strong>the</strong> present circumstances, her Majesty'llGovernment can, consistently with <strong>the</strong> true intent and meaning and<strong>the</strong> spirit of ;Artie" ~ of <strong>the</strong> Oonvention, accede to <strong>the</strong> request ofCaptain Waterboer1' and"2ndly. To decide as arbitrat<strong>or</strong>, on <strong>the</strong> validity of <strong>the</strong> title of <strong>the</strong>Orange Free State Government to <strong>the</strong> Oampbell lands; that is, <strong>the</strong>lands on <strong>the</strong> n<strong>or</strong>th of <strong>the</strong> Vaal River" ?After what we have seen of <strong>the</strong> one-sided, unfair, predeterminedpolicy of <strong>the</strong> British and Colonial Govern-Digitized by Goog Ie


EARL KIMBERLEY REJECTS FOREIGN ARBI'J'RA.TION. 301menta in this matter, need it be added that this veryrational and just proposition was refused? All discussionof <strong>the</strong> Second Article of <strong>the</strong> Convention wasresolutely declined. The British pa.rty to <strong>the</strong> Conventionmust alone interpret, decide, and act uponsolemn agreements and stipulations entered into with<strong>the</strong> Free State second party! Why? Because <strong>the</strong>second party could not fight, and because-as we haveso fully seen by <strong>the</strong> interpretations put upon that 2ndArticle by t~e Duke of Newcastle, Govern<strong>or</strong>s Sir HarrySmith, Sir G:e<strong>or</strong>ge Clerk, Sir Ge<strong>or</strong>ge Cathcart, SirGe<strong>or</strong>ge Grey, and Sir Philip Wodehouse, and especiallyby <strong>the</strong> Right Ron. H. Labouchere, thai question. mustmost assuredly have been decided in favour of <strong>the</strong>Free State!In a despatch dated "Downing Street, June 3,1811," Earl Kimberley, in reply to Sir H. Barkly's-communication of President Brand's offer, states:-CC Her Majesty's Govemment- have no wish 01' intention toviolate any right which belongs to <strong>the</strong> Orange Free State-"(At this time, be it remembered, by <strong>the</strong> appointmentof British magistrates within Free State territ<strong>or</strong>y, andby <strong>the</strong> acceptance of Water boer's petition to be received,with tile lam18 lie clwBe to claim, under Britishrule, <strong>the</strong> rights of <strong>the</strong> Free State were most flagrantlyviolated)CC but <strong>the</strong>y cannot admit <strong>the</strong> pl'8teDBiona founded by Mr. Brandon <strong>the</strong> 2nd ,Art. of <strong>the</strong> Convention of 185 i, tIM',.,. u.., flO""'" t<strong>or</strong>lf.,. to ."bieratiM 1M point rtlMM by Aim til to tt, fI01tIetwtW,." I• 'Y'&de P. 188. Blue Book. II O<strong>or</strong>respondence reapeotiq <strong>the</strong> affainof <strong>the</strong> Cape of Good Hope."-LondOD. August 17.1871.Digitized by Goog Ie


302 BRITISH ARROGANCE AND AGGRESSION.What, <strong>the</strong>n was <strong>the</strong> purpose, ~r <strong>the</strong> use of a Treaty<strong>or</strong> Convention, if only <strong>the</strong> strongest of <strong>the</strong> two powersbetween whom it is made is to decide upon and interpretits clauses?This gross violation of international law, treaty law,and <strong>the</strong> rights of <strong>the</strong> Free State would be paralleled byan analogous case: If <strong>the</strong> K<strong>or</strong>ana Chief, Massu RijtTaaibosch, had claimed Cape Town, and <strong>the</strong> Free State(being 8trong enough) had supp<strong>or</strong>ted his claim, had agreedto accept him as a subject, and <strong>the</strong> land he claimedas Free State land, and <strong>the</strong>n appointing Free Statemagistrates to rule over <strong>the</strong> Cape Town de lure and defacto territ<strong>or</strong>y, had proposed that Great Britain and <strong>the</strong>K<strong>or</strong>ana Chief should submit <strong>the</strong> question to arbitration!It is now necessary to expose <strong>the</strong> prejudiced andfalse rep<strong>or</strong>ts made by Sir, H. Barkly to Earl Kimberley,both of <strong>the</strong> c<strong>or</strong>respondence and events just noticed, of. his visit to <strong>the</strong> <strong>diamond</strong> <strong>fields</strong> in February, 1811, andof <strong>the</strong> ensuing occurrences, by which <strong>the</strong> BritishGovernment was induced to consent to a conditionalannexation of "<strong>the</strong> whole of Waterboer's territ<strong>or</strong>y,"including, of course, " <strong>the</strong> <strong>diamond</strong> <strong>fields</strong>."Those who have perused <strong>the</strong> review of Sir H .. Barkly's trio of despatches of <strong>the</strong> 23rd of January, andPresident Brand's reply, cannot fail to agree as to <strong>the</strong>utterly false nature of <strong>the</strong> f<strong>or</strong>mer's rep<strong>or</strong>t <strong>the</strong>reon, in adespatch to Earl Kimberley, dated "Cape Town,February 1, 1811 " :"A peruaaJ.. Qf that part of <strong>the</strong> c<strong>or</strong>respondence. • • will, Idoubt not, convince your L<strong>or</strong>dship that <strong>the</strong> documents exhibitedon behalf of <strong>the</strong> Free State-"• rtde p. 107, Blue Book, .. O<strong>or</strong>respondence reapecting <strong>the</strong> atrairaof <strong>the</strong> Oape <strong>or</strong> Good Hope. "-London, August 17th, 1871.bigilized by Goog Ie


GOVERNOR BARKLY'S FALSE REPORTS. 303'(He f<strong>or</strong>gets, of course, to state that none but thtalleged title-deed 01& paper of a year, later manufacturethan <strong>the</strong> date, had been prodru:ed by Waterboer I)_" altoge<strong>the</strong>r failed to prove <strong>the</strong> length of poll8888ion <strong>or</strong> uncJ.!sputedenjoyment ot sovereign rights, previously asserted, over <strong>the</strong>territ<strong>or</strong>y lying within <strong>the</strong> so-called Vetberg line. No just groundis established by <strong>the</strong>m, <strong>the</strong>ref<strong>or</strong>e, f<strong>or</strong> <strong>the</strong> refusal of th.at Governmentto refer <strong>the</strong> dispute with Waterboer, as to <strong>the</strong> lands on <strong>the</strong>left bank of <strong>the</strong> Vaal, f<strong>or</strong> Sir Philip Wodehouae's arbitration, asagreed on in <strong>the</strong> case of <strong>the</strong> Oampbell grounds • • ."4. On <strong>the</strong> contrary, <strong>the</strong> abstracts produced •.• tended toconfirm, in some U1StanceS, Waterboer's allegations that many of<strong>the</strong> transactions, on <strong>the</strong> strength of which registration was granted,were fictitious, and <strong>the</strong> documents, purp<strong>or</strong>ting to be deeds of grant<strong>or</strong> sale by O<strong>or</strong>ne1ius Kok, f<strong>or</strong>geries."5. I would especially draw your L<strong>or</strong>dship'. attention to onecase pointed out in my letter to President Brand, in which this uprwld 6"ond fI IlufdwJ of doulIe, by <strong>the</strong> fact of a deed purp<strong>or</strong>ting tobe an <strong>or</strong>iginal concesaion-"(Waterboer has yet to prove that <strong>the</strong> paper producedwas <strong>the</strong> " <strong>or</strong>iginal concession," <strong>or</strong> even an ante-datedrenewal! The f<strong>or</strong>gery, if f<strong>or</strong>gery <strong>the</strong>re was, mighthave been by Waterboer Qr Mr. David Arnot)-" bearing date a year earlier than <strong>the</strong> watermark of <strong>the</strong> paperon which it is written, and yet so lax was <strong>the</strong> practice of <strong>the</strong> FreeState officials, that <strong>the</strong>y not only overlooked this, but actuallyregistered <strong>the</strong> title thus <strong>or</strong>iginated under a power of att<strong>or</strong>ney saidto have been granted by O<strong>or</strong>nelius Kok, that individual, as <strong>the</strong>ymust have known, having been dead two years bef<strong>or</strong>e <strong>the</strong> time ofregistration. "(Of course, Sir H. Barkly not only carefully avoidsall mention of President Brand's explanation, but alsoconceals <strong>the</strong> fact that <strong>the</strong> .aid power of att<strong>or</strong>ney had been renewedbU <strong>the</strong> Ohief,.Adam Kok, C07"n.tliUl Ko~, lawfulIUCC6IIOr I)"6. Under oiroumstanoee of suoh grave suspioion, I felt that IDigitized by Goog Ie


304 SCHEME OF THE LATE CAPE GOVERNMENT.could not. • . admit tiny of <strong>the</strong> conclusions which <strong>the</strong> deputationcame prepared to press upon me."( 0 Bi sic omnia! ~ad Sir H. Barkly only as promptlyand perspicuously picked out one false statement inWaterboer's trumped-up case, and thus severely, upon<strong>the</strong> maxim that falsehood once detected permeates <strong>the</strong>whole of a witness's evidence, refused to "admit anyof" hu " conclusions," what reputation f<strong>or</strong> consistency,f<strong>or</strong> impartiality, f<strong>or</strong> critical power, f<strong>or</strong> judicial qualities,might he not have gained !)From this point every eff<strong>or</strong>t was made by <strong>the</strong> ColonialGovernment to obtain <strong>the</strong> annexation of <strong>the</strong> FreeState <strong>diamond</strong> <strong>fields</strong> to itself. In <strong>or</strong>der to fulfil <strong>the</strong> threeconditions Earl Kimberley stipulated f<strong>or</strong> as those alonepossible to induce Her Majesty's Government to consentto annexation, in his despatch of instructions toSir H. Barkly dated November 17th, 1870, noticedin our last Chapter, we must carefully remember thatit was <strong>the</strong> policy of <strong>the</strong> Colonial Government to makeMinisters in Downing Street believe:1. THAT THB "ExTBN810N OJ!' TllB SOUTH AFRIOA.N CoLONIB8COULD" (not) CI BB AVOIDED."2. THAT THE " COLONY" (would) " BB 'WILLING TO TAKE UPON ITSELFTHE FULL B.B8PONSIBILITIE8 01' GoVBIUQB1ItT, WITH THE Bl1BDU01' :a.tAJlfTAINING THE FOBOB NB0B88A.BY." (TO BOLD THE DIA.XONDPIELDS).3. THAT " THB WHITE DOlIGBA.NT8 "(TJIB DIGGBRS) " OOBOl7DlQ)WITH THE NATIVES IN DB8mmG THAT THB GBIQUA TE&BITOBY" (~_.OLUDING THB DLUlOND I'IlILDS) "SHOULD BE IDIlTBD TO THE OAR.CoLONY."Sir H. Barkly w<strong>or</strong>ked energetically and successfullyindeed to make <strong>the</strong> British Government credit <strong>the</strong>sethree affirmative replies to Earl Kimberley'S hypo<strong>the</strong>tiealtriune proviso.Digitized by Goog Ie


sm H. BARKLy'S FALSE REPORTS. 305His first direct eff<strong>or</strong>t appears in a despatch to EarlKimberley, dated" Bloemfontein, March 8, 1871."He had. <strong>the</strong>n just reached <strong>the</strong> capital of <strong>the</strong> Free State,~n his return journey to Oape Town from a visit to <strong>the</strong>.<strong>diamond</strong> <strong>fields</strong>, where he appears, by his statements,to have spent onlll four da,8 ; and this is, to <strong>the</strong> best ofmy reco1)ection, <strong>the</strong> c<strong>or</strong>rect time. I was present at hisarrival on <strong>the</strong> 26th February, 1871, and remember his·departure <strong>about</strong> <strong>the</strong> 2nd <strong>or</strong> 3rd of March.' This was not.a long visit. Indeed, f<strong>or</strong> <strong>the</strong> purpose of acquiring anyreal knowledge of <strong>the</strong> <strong>diamond</strong> <strong>fields</strong>, <strong>the</strong> desires andnecessities of <strong>the</strong> population, <strong>the</strong> state of, and <strong>the</strong> <strong>truth</strong>·concerning <strong>the</strong> territ<strong>or</strong>ial question, it was simplyabsurd; although ever after <strong>the</strong> Govern<strong>or</strong> certainlyassumed such knowledge with <strong>the</strong> utmost confidenceand nonclzalance. His official rep<strong>or</strong>t of this visit con­-tains <strong>the</strong> following gross misstatements :-ExTlLA.0T8 PBOX DESP A.TCR.• (II) "After <strong>the</strong> retirementof Waterboer from <strong>the</strong> conferenceat Nooitgedacht in Augustlast, an amicable division of <strong>the</strong>disputed p<strong>or</strong>tion 0/ IU, OOtIfltrywas arranged between <strong>the</strong>-range and Transvaal Republics,under which <strong>the</strong> f<strong>or</strong>mer'Was to retain <strong>the</strong> territ<strong>or</strong>y on<strong>the</strong> left bank of <strong>the</strong> Vaal River,and <strong>the</strong> latter that on <strong>the</strong> rightbaok. '.Rmwtx, TmmEoN.(II) Than this paragraph am<strong>or</strong>e entire perversion of <strong>the</strong><strong>truth</strong> never occurred.-Bouth<strong>Adamantia</strong>, including <strong>the</strong> 143Free State farms, <strong>the</strong> Campbelllanda, and <strong>the</strong> territ<strong>or</strong>y east of<strong>the</strong> Rart's River being describedas "IU," W'.'".lHIfr', " 00l1litry"I-<strong>the</strong> fact that <strong>the</strong> FreeState had f<strong>or</strong> 80 many yearsbeen in actual possession of"<strong>the</strong> left bank of <strong>the</strong> Vaal,"C<strong>or</strong>nelius Kok, KOranaB, andKaftrs, of "<strong>the</strong> right bank,"being ign<strong>or</strong>ed!• Vide p: 182, Blue Book, " O<strong>or</strong>respondence reepecting <strong>the</strong> afFairs of<strong>the</strong> Od.pe of Goocl Hope."-LondoD, August 17, 1871.:x:Digitized by Goog Ie


306 now HE :MISLED H.H.'S GOVERNMENT.(b) "At Cawood'. Hope .• • • although in <strong>the</strong> firstinstance <strong>the</strong>y (<strong>the</strong> diggers)paid f<strong>or</strong> <strong>the</strong>ir licences to <strong>the</strong>Free State Commiaaioner, allbut two pOIitively rifUlM to do '0en tAB occa,ion 0/ hi, ,Bcontl ~i,it.(c) U Had I p088eaaed auth<strong>or</strong>ityfrom Her Majesty's Governmentat once to accept <strong>the</strong>allegianca of <strong>the</strong> Chief Waterboer. • . I have no doubt that<strong>the</strong> tone of <strong>the</strong> opposition, both()n <strong>the</strong> part of <strong>the</strong> Free Stateand Transvaal Republic, wouldhave been materially moderated.But, unf<strong>or</strong>tunately, yourL<strong>or</strong>dship's despatch of 17thNovember, f<strong>or</strong>bade my evenpledging myself to such a course,and in reply to <strong>the</strong> earnestappeals of Waterboer on <strong>the</strong>one hand, and tAou,anda of Brili,Adioow. on <strong>the</strong> o<strong>the</strong>r, I couldonly explain that Her Ma.jesty'sGovernment had approved GeneralHay's proclama.tion .•.(d) cc The language of myreplies I need hardly say was asfirm as in <strong>the</strong> face of your L<strong>or</strong>dship'sinstructions I could ventureto make it; f<strong>or</strong> it appearedto me tllat tllB BritiaA (J~wn­",Mlt lIad alrBady oonB too jar to(6) This is a most mean concealmentof <strong>the</strong> fact that <strong>the</strong>diggers at Cawood's Hope,being mostly British, were in­Btigaucl tmcl induced 6y Hr. JOMCamplHll (Waterboer's specialmagistrate), tmcl 61 GmeralHay" notifications, to stop payment.(e) Although, in replying toWaterboer, Sir H. Barklystates <strong>the</strong>re were U many thousandsof British subjects nowresident in <strong>the</strong> <strong>diamond</strong>-producingdistricts of your territ<strong>or</strong>y,"and in <strong>the</strong> paragraphunder review declares thatU thousands ot British diggers "had earnestly appealed to hiD?­to declare Waterboer and <strong>the</strong>territ<strong>or</strong>y British, <strong>the</strong> <strong>truth</strong> isthatonly 1,756 dioo,r. ever appealedto him out of those" thoulanda "; and <strong>the</strong>ir petitionswere to U adopt prompt measuresf<strong>or</strong> <strong>the</strong> settlement of <strong>the</strong>territ<strong>or</strong>ial questions," not in anyca.e to ign<strong>or</strong>e <strong>the</strong> Free Staterights, <strong>or</strong> to oust its officialsfrom Pniel, where I, as one of<strong>the</strong> residents, am able to declarethat <strong>the</strong>ir rule was most satisfact<strong>or</strong>yand popular.(cl) The animus here displayedby Sir H. Barkly was notiCed at<strong>the</strong> beginning of this Chapter.The whole tenour of <strong>the</strong> extractsquoted is plainly to identify<strong>the</strong> cause of <strong>the</strong> diggers, <strong>the</strong>"white immigrants," with thatDigitized by Goog Ie


HlS DESPATCH ANALYZED. 307tJrJlllit of it, c841ing to ,upp<strong>or</strong>t tluJ of Waterboer, and to make itc""", eitluJ" Wat,'rlJo~r t,',,, apprar " r,,,,,cuerrddiggs}"8, and it was quite clear desiring to be united to <strong>the</strong>tPrt aup appm,ra.noo of Colony, 00 as fuUH ths>on my pa.rt would only encourage third of Earl Kimberley's conditPoFroo Statr> and ll~anso¥~al Ro~ tioos fm~ anoomatiz.>TL anTipuPlicin upholding <strong>the</strong>ir claiins.. by (in our last Chapter) weSOfT that woul,t "all!!been m<strong>or</strong>e distasteful to <strong>the</strong> digger8.(8) "Negotiations, hOJfU bi whi"zl anh colli~ thl'ir full consent and. approval.sion between <strong>the</strong> Free State No" collision" with "<strong>the</strong> FreGz1y,th<strong>or</strong>itios a1y


308 SIR B. BnKL~'8 DECEPTlOll' SUCCEEDS.How completely <strong>the</strong> despatch just noticed, inaddition to <strong>the</strong> previous productions of a similar nature,succeeded in deceiving <strong>the</strong> British Government, willbe seen by Earl Kimberley's reply, who, in a despatchdated " Downing Street, May 18, 1811," states-:-"It ia not without reluctance that Her llajeety'a Govemmen~CODl8Dte to extend <strong>the</strong> British territ<strong>or</strong>y in <strong>South</strong> Africa, bu~ on afull consideration of all <strong>the</strong> ~(1) "To PB.BIBII'OK 0., 10 LABOB .... lroXBBB OF BJllTI8I[S17JUBCl'8Dr TBB DUXOJrD ~a, TBB PBOBA.BILITY TJlA.T TBI8lroXBBB WILL BAPIDLYDrCJUU.D, TBB DdOBB OF &ERIon DIa­T11BBA.lfOBS Olf THB lfOBTB:JDt.- FBOlfTIE8 OP THB OAPB CoLOn IF.... BlIOUUB .... umOBlTY II lfOT ESTABLI8JIBD WITHOUT DJlLA.Y IlfW A.TDBOBB'S COtnn'BY,(2) CI A1m TKB STBOlfO DB8IltE BXPBU8BD JIOTI[ BY W .... TBBBOBBA.lfD TJ[B lIBW 8B1TLBRS TJlA.T THB TBBBrroBY Ilf Q1JB8'l'IOlf moULDBE BROUOHT UlfDD BBlTI8K BULB, <strong>the</strong>y have come to <strong>the</strong> conclulionthat <strong>the</strong>y ought to advise Her Majesty to accept <strong>the</strong> ce.ioD.offered by Wat8rboer,(3) "IF THB OA.PJI PARr.t.UIDT WILL FOBJULLY Bnm lT8BLP TOTBB OOlfDITIOn WBIOJI YOU lL\VB IlfDICA.TBD, lfA.KBLY, TJlA.T TlIBCoLOn WILL UlfDBBT.um THB BEBPONSmILITY OP OOTEIllfIlfO TBBTBBBlTOBY WBIOJIIS TO BB UNITBD TO IT, TOOETKBR WITJ[ TlIBD"J'IJtB lCA.mTElfdOB 0., A.lfY FORCE WllIOJI JUY BB NBCES8A.BY f<strong>or</strong><strong>the</strong> pres8"ation of <strong>or</strong>der and <strong>the</strong> defence of <strong>the</strong> new b<strong>or</strong>der, suchf<strong>or</strong>oe not to consist of British troops, but to be a f<strong>or</strong>ce raised andsupp<strong>or</strong>ted by <strong>the</strong> Colony." I acc<strong>or</strong>dingly transmit to you a Commission. • • f<strong>or</strong> <strong>the</strong>annexation • • . on tM: OOKDITIOlfS tlwli,. fIUfItionl4. • • ."(1.) By <strong>the</strong> passage numbered one, Earl Kimberley,converted by Sir H. Barkly's persuasive but delusiverepresentations, considers <strong>the</strong> first proviso of his de-• V'tde p. 172 Blue Book, "C<strong>or</strong>respondence reepecting <strong>the</strong> aft'aira of<strong>the</strong> Cape of Good Hope," London.-.A.ugaat 17, 1871.Digitized by Goog Ie


RESULT OF SIR H. BARKLY'S ])UPLICITY. 309spatch of "November 11th, 1870," declaring <strong>the</strong>"Government have no wish, IF IT CAN BE AVOIDED, toextend <strong>the</strong> <strong>South</strong> <strong>African</strong> Colonies," answered in <strong>the</strong>negative-" it cannot." Earl Kimberley agrees tothis view, because (a) he has been deceived into believingthat <strong>the</strong> <strong>diamond</strong> <strong>fields</strong> are in Waterboer'sterrit<strong>or</strong>y; (6) that <strong>the</strong> "thousands of British diggers "are all in <strong>the</strong> said territ<strong>or</strong>y; (c) and that no regularauth<strong>or</strong>ity existed - that of <strong>the</strong> Free State, andespecially <strong>the</strong> remarkably popular administration ofMr. O. J. Truter at Pniel, having been carefully concealedfrom him !(2.) By this passage Earl Kimberley expresses hisbetrayal into believing that his second proviso, IF "THEWHITE IMMIGRANTS CONCURRED WITH THE NATIVES 11'(DESIRING" ANNEXATION, had been answered affirmatively-" that <strong>the</strong>y did! " The fact that oi1y 1,756 diggersout of 10,000 had been heard, and only by <strong>the</strong> unrealmedium of complimentary reception addresses, everyone of which referred to a iust and satilfact<strong>or</strong>y scttlemintof <strong>the</strong> land question, Mn8 to an annezation,per fas et nefas, bef<strong>or</strong>e that question had been fairlyarranged, being of course ei<strong>the</strong>r unknown to <strong>or</strong>unappreciated by <strong>the</strong> Secretary of State f<strong>or</strong> <strong>the</strong>Colonies!(3.) By this paragraph of his despatch Earl Kimberleystill reserves his f<strong>or</strong>mer third prOViSo-THEACCEPTA'l'ION OF ALL RESPONsmILITY BY THE CAPE; THEAGREEMENT TO ANNEX BY ITS PARLIAMENT. We shallsee although Sir H. Barkly proceeded to annex <strong>the</strong><strong>diamond</strong> <strong>fields</strong>, that he not only violated this expressproviso, but that <strong>the</strong> Cape Parliament deliberatelyrefused to consent to annexation!Digitized by Goog Ie


310 THE COMMISSION TO ANNEX.The commission sent to Sir H. Barklylwas asfollows:-•• Dated May 17, 1871." ColOOSSION f<strong>or</strong> <strong>the</strong> AtmEx.&.TION of certain Drs-TRICTS n<strong>or</strong>th of <strong>the</strong> ORANGE RIVER in SOUTHAnICA. to <strong>the</strong> CoLONY of <strong>the</strong> CAPE of GoOD VICTORIA R.HoPE, and providing f<strong>or</strong> <strong>the</strong> GoVElUDIElfT ofthose DISTRIOTS."VICrORIA, by <strong>the</strong> Grace of God, of <strong>the</strong> United Kingdom ofGreat Britain and Ireland, Queen, Defender of <strong>the</strong> Faith, to onrtrusty and well-beloved Sir Henry Barkly, Knight Commander ofour Most Honourable Order of <strong>the</strong> Bath, greeting:" Whereas divers of our snbjects have settled in districts n<strong>or</strong>th of<strong>the</strong> Orange River in <strong>South</strong> Africa, and alleged to belong to certainnative chiefs and tribes: and whereas it is expedient, with <strong>the</strong>consent.of such chiefs and tribes (1) AND OF THE LEGISLATURE OFOUR COLONY OF THE CAPE OF GoOD HOPE, to make provision f<strong>or</strong><strong>the</strong> Go~ernment of certain of such districts as part of our saidColony: Now we do by this our Commission under our sign manualand signet auth<strong>or</strong>ize you <strong>the</strong> said Sir Henry Barkly by p.rt)(llamationunder your hand and <strong>the</strong> public seal of our said Colony todeclare that, after a day to be <strong>the</strong>rein mentioned, 80 much of suchdistricts as to you, after due consideration, shall seem fit, shall beannexed to and f<strong>or</strong>m part of our Dominion and of our said Colony:And we do hereby constitute and appoint you to be <strong>the</strong>reuponGovern<strong>or</strong> of <strong>the</strong> lame (2), Pllo.mED THAT YOU ISSUB NO SUOB: PRo.CLAlU.TION UNLE88 YOU HAVE FIJ18T ASCERTAINED THAT THE NATIVEC1IIEF8 AND TlUBll8 CLA.IXING THE DISTRICT 80 TO BE ANNEXED AREREALLY ENTITLED THERETO, and consent to such annexation (3) ; NOR1T.NTIL THE LEGISLATURE OF OUR 8.UDCoLONY SlULL DAVE PROvmED BYLAW that <strong>the</strong> same shall, on <strong>the</strong> day af<strong>or</strong>esaid, become part of oursaid Colony, and subject to <strong>the</strong> laws in f<strong>or</strong>ce <strong>the</strong>rein. And f<strong>or</strong> 80doing this shall be your warrant.ee Given at our Court at Winds<strong>or</strong> <strong>the</strong> Seventeenth day of May,One Thousand Eight Hundred and Seventy-ono, in <strong>the</strong> Thirtyfourthyear of our reign." By Her Majesty'. command.Digitized by Goog Ie


ITS SPECn'lC STIPULATIONS. 311(1.) (2.) (3.) These stipulations are very distinctand specific. Unless <strong>the</strong>y were all three first fulfilled,<strong>the</strong> Commission could not legally be put inf<strong>or</strong>ce. We shall see what unlawful use Sir H. Barldymade of it.Digitized by Goog Ie


CHAPTER XIV.CoN8tJlOUTIOl'f OF THE CoLO~UL Go~"iT'8 8cuEvE,IKVABIOI OF THE FREE STATE, ABD FOBCIBLE SEIZUK&OF THE DLUIOND FIELDS. THE CAPE PARI,UKn"TllF.PUDIATES AIm REJEC'1'8 THE An~TION: TIfE.GOVEllNOR'S CONSEQUENT PLOT TO lUKE THE CAP­TURED TERRITORY A CROWN CoLONY.S .. H. B.u.ny's TDoIVD8ATIOIS.-RBsoLVI1OJrS ADOPmD BY TJIB.CAPB PAllLLUlDT, All]) TBBIB PBRVD8IOI BY S .. H. BARny.-How THE BBlTI8H GoTDlOOalT WA.8 DELlJDED.-E.utr. Knl­BDLBY's REPLY, RBrrBuTmo THE CollDITIOll8 Olr WRIca TBllDIAxollD FmLD8 WBB.B .non TO BB AlmuED.-VIOLATION OFTHon CoImITIon, Ho8TlLB mA.8ION 01' THE FaBE BTATH, All])FOBOIBLB SBlZ11BB AlID AlnuxuaB 01' l'1'8 DIAllOJID FIJ1LD8 BYSm H. B.u.ny.-PBOTB8'r BY THE OBABOB FBBB SrATBGoVDlOOllT.-PBOoI' TJUT THE TBBBlTOBY 80 SBIZBD BBLOlrOJIDTO 1'BB Fao BTATB.-RB1Bcnolr BY THE CAPE pA'Runrxwr OFSm H. BARKLy'S BILL TO LBoALIZB A1rD Elmoan THE ANDXA­TIOI.-THE CoLOlrIAL SBClI.BTARY'S ~. - b&SBIZUIlB 01' THE DIAllOllD FmLns AN A.m: 01' BBloAXDAOB.­TIm AT'l'BKPTBD AmaxURE TO THE CAPE BAVINO ROVED AFIASOO, Sm H. BARKLY PROPOSES TO KAXB THE TmmrroayPLUlmBBED (THE DIAllOllD Fu:Lns) A SEPARATB CBOWJrCoLOlrY.After repeated and careful perusal of <strong>the</strong> whole of<strong>the</strong> very voluminous c<strong>or</strong>respondence, official and nonofficial,relating to <strong>the</strong> controversy between <strong>the</strong> British,Colonial, and Free State Governments, Water boer'sclaims, and <strong>the</strong> annexation of <strong>the</strong> <strong>diamond</strong> <strong>fields</strong>, IDigitized by Goog Ie


RESUKE O}' THE GOVERNOR'S MALVERSATION. 313-:find it utterly impossible to arrive at any o<strong>the</strong>r conclusionthan that Sir Henry Barkly, supp<strong>or</strong>ted, <strong>or</strong>'guided, by his Executive Council, deliberately dis0-beyed and violated <strong>the</strong> three distinct conditions uponwhich alone he was given auth<strong>or</strong>ity to annex.In <strong>the</strong> first place I accuse him of not making anyeff<strong>or</strong>t, subsequent to <strong>the</strong> receipt of <strong>the</strong> conditionalcommission, to "Jrlt a8certain that" (Water6oer) " claiming<strong>the</strong> district so to be annexed" (fQas) "reallu IntitletI<strong>the</strong>reto." Instead of attempting to fulfil this solemnobligation, he acted upon his own hasty and f<strong>or</strong>egoneconclusion, expressed bef<strong>or</strong>e he had been m<strong>or</strong>e thana few days in <strong>the</strong> Colony, - by which he accepted <strong>the</strong>wrongful policy of his predecess<strong>or</strong>; possessing at <strong>the</strong>time(as we have seen by his own admission, in ChapterXIII.) onlU one document in supp<strong>or</strong>t of Waterboer'scase; although, in a letter to President Brand, dated t"Government House, January, 2, 1811," he haddeclared <strong>the</strong> subject "a quutilm, tM lquitalJle 80lution ofwhich must from it, 11eru nature depend upon <strong>the</strong> wngM of<strong>the</strong> documentarUl1JidlnCe which can bl adduced" !Secondly, I unhesitatingly assert that, instead offirst obtaining <strong>the</strong> "consent" of <strong>the</strong> Cape Parliament,and waiting until it had "provided bU lato" f<strong>or</strong> <strong>the</strong>annexation, he, by misrepresentations, obtained onlycertain "resolutions" to exercise temp<strong>or</strong>ary jurisdictionover "8uch part of tM <strong>diamond</strong> <strong>fields</strong> aI belong8-to <strong>the</strong> Griquaa under Walerboer ",; that, instead of so·doing, he proceeded, not to exercise temp<strong>or</strong>ary juris_.• rw Sir H. Barkly'l deapatchesof January 11th, 23rd, and Februarylet, pp. 120, 12';, and 107, Biue Book, "C<strong>or</strong>respondence respeotiDg <strong>the</strong>aft'airaof <strong>the</strong> Cape of Good Hope."-Lonclon, Augaat 17, 1871.t Vide p. Ill, IlM.Digitized by Goog Ie


'314 THE CAPE PARLIllIENT'S "RESOLUTION."diction, but to misapply his commission, and abuse <strong>the</strong>meaning and intent of <strong>the</strong> said" resolutions," by f<strong>or</strong>mallyand f<strong>or</strong>cibly annexing, not only GriqualandWest, but <strong>the</strong> whole of <strong>the</strong> <strong>diamond</strong> <strong>fields</strong>, including<strong>the</strong> extensive tract of Free State territ<strong>or</strong>y, containing143 Free State farms, cut off by <strong>the</strong> concocted linefrom Ramah via David's Graf to Platberg.The first resolution, carried only by a narrowmaj<strong>or</strong>ity of five) was agreed to by <strong>the</strong> House otAssembly on <strong>the</strong> 19th July, 1871.-The <strong>or</strong>iginal motion, as amended, was <strong>the</strong>n read, viz: l That, in<strong>the</strong> opinion of this Committee, it is desirable and needful, as wellf<strong>or</strong> <strong>the</strong> interests of this Colony as with a view to <strong>the</strong> maintenance ofpeace and <strong>or</strong>der on our b<strong>or</strong>ders, tlult IUCA part 0/ til, Urrit<strong>or</strong>i,.-eomrnonly deaignattJa "Til, <strong>diamond</strong> fol4l" ,., 66long, to tM Grif'll".of Wtlt GrigruUtintl, undtJr tM gOfJtJf'm1I4ftt of Oaptain Nicholl" JYtiUriJOtJr,<strong>or</strong> to o<strong>the</strong>r native chiefs and people living in <strong>the</strong> vicinity of <strong>the</strong>aaid Griquas, should, in acc<strong>or</strong>dance with <strong>the</strong> desire expressed by 1Mlarg' numlJni of British subjects now located <strong>the</strong>re, and with <strong>the</strong>sanction of Her Majesty <strong>the</strong> Queen, and <strong>the</strong> consent of <strong>the</strong> said-Griquas and o<strong>the</strong>r natives, be annexed to <strong>the</strong> Oolony. And thisCommittee is fur<strong>the</strong>r of opinion tlult, if fMtJlUrtJI II.ring /". tMir.0lJ.Jict eM anntJzation 0/ tM twrit<strong>or</strong>iu a/<strong>or</strong>tJIaia, and <strong>the</strong> good.government of <strong>the</strong> people residant <strong>the</strong>rein, are I introducedinto <strong>the</strong> House of Assembly by His Excellency <strong>the</strong> Govern<strong>or</strong>,it is expedient that <strong>the</strong> House should give its most favourable.attention <strong>the</strong>reto, and should do what in it lies to make proper provisionf<strong>or</strong> <strong>the</strong> government and defence of <strong>the</strong> said territ<strong>or</strong>y, and f<strong>or</strong>meeting <strong>the</strong> expenditure that may be oocaaioned <strong>the</strong>reby.'" :rhis motion was put and agreed to."This resolution is entirely hypo<strong>the</strong>tical; but it• rule p. 366. "Votes and Proceedings of <strong>the</strong> House of Auembly,".No. 46-1871.t The fact that only 1.756 diggers had. by a complimentary addreaa,out of many thoulIIIDds. .. expressed .. any, snch" desire" seems to haye!>een suppreuedDigitized by Goog Ie


•A MAJORITY OF " ONE" PASSES THE " RESOLUTION." 315points out "such part of <strong>the</strong> <strong>diamond</strong> <strong>fields</strong> asshould be annexed," and that if measures having f<strong>or</strong><strong>the</strong>ir object <strong>the</strong> annexation are introduced into <strong>the</strong>House of Assembly, <strong>the</strong>y should "receive its mostfavourable attention."It was put bef<strong>or</strong>e <strong>the</strong> Legislative Council on <strong>the</strong>26th of July; on <strong>the</strong> 28th, Mr. De Roubaix, Chairman·of <strong>the</strong> Committee, proposed as an amendment- :"That, in <strong>the</strong> opinion of this Council, it is desirable that <strong>the</strong><strong>diamond</strong> <strong>fields</strong> Mould be annexed to this Colony, but that ,ucA annezation,/wultl flOe II~ carrilll out ulltil tM fJu"tion oj disputed twrit<strong>or</strong>!l,AouW, har;, 116111 filially ,ettl~tl. • . .""Mr. DESxmT observed that <strong>the</strong> Council, in making provisionf<strong>or</strong> <strong>the</strong> defence of <strong>the</strong> <strong>diamond</strong> <strong>fields</strong>, w., doing tAat wAic" Willi tant.­mount to a tUclartltion oj war agai",t tM Fru St.te. • • ."U The amendment was <strong>the</strong>n put and negatived, on a division, byni", contents to ten malcontents."By only one vote <strong>the</strong> resolution which had been carriedby onlll five in <strong>the</strong> House of Assembly was agreedto. In acknowledging <strong>the</strong> receipt of an address fromboth Houses of Parliament concurring in <strong>the</strong> resolutionon <strong>the</strong> 31st of July, Sir H. Barkly mado <strong>the</strong> followingextra<strong>or</strong>dinary and Jesuitical reply considering his past,present, and future action. t :-"As <strong>the</strong> question of native titles to lands. • • awaits <strong>the</strong>award of his Excellency Lieut.-Govern<strong>or</strong> Keate . • . and as <strong>the</strong>claims (?) preferred by <strong>the</strong> Orange Free State to certain p<strong>or</strong>tions ofWest Griqualand (?) • • • still f<strong>or</strong>m <strong>the</strong> subject of c<strong>or</strong>respondence• . • <strong>the</strong> Govern<strong>or</strong> fearS that it would be premature to attempt toestablish by law a regular f<strong>or</strong>m of Government in a country ofwhich <strong>the</strong> boundaries are yet 80 undefined. • • • The Govern<strong>or</strong>• Vide p. 195, "Debate. in t.he Legislative ConDcil."-Vol. iv.I87l.t Vide p. 488, "Voteeand Proceedinge of <strong>the</strong> Honse of A.aeembly,'·No. 5'-1871.Digitized by Goog Ie


•316 SIB B. BARJa,Y'S DIPLOMACY.mast, <strong>the</strong>ref<strong>or</strong>e, deter till Dext SeuiOD any 1'8CODUDencJat.iona as tolegialatjng f<strong>or</strong> thia object, aDd endeavour, meanwhile, by employing811Ch oftlciala 88 may be found requisite, and with <strong>the</strong> aid of a n16..ment body of <strong>the</strong> Frontier Police, f<strong>or</strong> <strong>the</strong> P1'8ll8l"Yation of <strong>or</strong>der, toeonduct <strong>the</strong> internal administration of aDy territmy <strong>the</strong> charge ofwhich may happen to devolve upon hill hands."The fact th!1t an irregular "f<strong>or</strong>m of Govemment,'"1uitlwut "law," had already been e8talJli.Aed over FreeState territ<strong>or</strong>y, by <strong>the</strong> appointment of British magistrates,was carefully kept in <strong>the</strong> back ground. Howis <strong>the</strong> above declaration to his Parliament to be reconciledwith <strong>the</strong> following ultimatum Sir H. Barkly hadsent oft' to <strong>the</strong> President of <strong>the</strong> Free State in a despatchdated July 18th ?"I feel bound • to DOtify to your Honour that I hold a commissionunder <strong>the</strong> Royal Sign Manual, auth<strong>or</strong>izing me to accept <strong>the</strong>ceeaion of territ<strong>or</strong>y offered by Captain Waterboer, aud to aDDex <strong>the</strong>same to this colony, with such boundaries aa I may .ee fit to prolaim•" cBesides its totally opposite character to <strong>the</strong> moderatepolicy expressed to <strong>the</strong> Cape Parliament, thisarrogant assertion of Sir H. Barkly's, by reason of <strong>the</strong>entire suppression of <strong>the</strong> conditions on which aloneany such auth<strong>or</strong>ity was given him by <strong>the</strong> Commission,.is not only a deliberate suppressio veri, but an equallyintentional 8U9ge8tio falai." I should be extremely reluctant, irrevocably, to fix <strong>the</strong>se boundaries,"adds <strong>the</strong> Govern<strong>or</strong>, with exquisite irony, "in direct oppositionto <strong>the</strong> clai"., ,.t up by <strong>the</strong> Orange Free State, 80 long as <strong>the</strong>slightest chaDce exists of an amioable adjustment, ei<strong>the</strong>r by meaDS ofarbitration <strong>or</strong> o<strong>the</strong>rwise, anti I,MIl fIIa;t, <strong>the</strong>ref<strong>or</strong>e, f<strong>or</strong> a reasonableperiod, your Honour's reply to this communication."• rW. p. 16, Blue Book, .. Fur<strong>the</strong>r oOrre&pOndeJlC8 respecting <strong>the</strong>atFaira of <strong>the</strong> Cape of Good Hope,"-London, February 6, 1872.Digitized by Goog Ie


}t'URTHER DUPLICITY. 317Considering that Earl Kimberley had been provokedto refuse <strong>the</strong> Free State Government any voice in <strong>the</strong>interpretation and construction of <strong>the</strong> Treaty <strong>or</strong> Conventionto which it was <strong>the</strong> second party; that <strong>the</strong>f<strong>or</strong>eign arbitration (<strong>the</strong> only just and impartial method,and that which is countenanced by international law)as proposed by President Brand, had been perempt<strong>or</strong>ilyrefused; and that Sir H. BarJdy betrayed hisgross, illogical, but interested partizanship in favour.of Waterboer by terming <strong>the</strong> d6/ence of ita actual P088e8-.,w", " <strong>the</strong> claims BIt up by <strong>the</strong> Orange Free State" ; weleave our readers to judge as to what chance existed of"'an amicable adjustment," and as to who was to blame.But <strong>the</strong> reason Sir H. BarJdy gives in this ultimatumf<strong>or</strong> delay, and <strong>the</strong> reason which he gave to <strong>the</strong> CapeParliament f<strong>or</strong> delaying <strong>the</strong> introduction of measureshaving f<strong>or</strong> <strong>the</strong>ir object <strong>the</strong> required "consent" and"" provision by law," f<strong>or</strong> <strong>the</strong> annexation of" such part-of <strong>the</strong> <strong>diamond</strong> <strong>fields</strong> as belonged to Waterboer," areboth false. This following quotation contains <strong>the</strong> realreason why he delayed proceeding just <strong>the</strong>n to extremitieswith <strong>the</strong> Free State; and why, instead of <strong>the</strong>n,endeavouring to obtain <strong>the</strong> consent of Parliament to aBill sanctioning his hostile policy towards <strong>the</strong> FreeState, and agreeing to <strong>the</strong> conditions required preliminaryto annexation, he also 'delayed that matter.-Extract from <strong>the</strong> llinntes of <strong>the</strong> Proceedings of <strong>the</strong> Executive-OOnnen, dated Government Honse. July 29. 1871." An Addreaa, No. 24 of <strong>the</strong> 24th ;nstant, from <strong>the</strong> Honourable<strong>the</strong> Legislative Council. expreeaing its concurrence in <strong>the</strong> resolutions'adopted by <strong>the</strong> Honourable <strong>the</strong> Honse of .Aasembly npon <strong>the</strong> 8nbject• V"tde p. 7, Blue Book, .. Fur<strong>the</strong>r o<strong>or</strong>reIIpOndenoe respecting <strong>the</strong>aiFairaof <strong>the</strong> Cape of Good Hope.tO-London, February 6th, 1872.Digitized by Goog Ie


318 PROOF OF SIR H. BARny's DUPLICITY.of <strong>the</strong> <strong>diamond</strong> <strong>fields</strong>, having been laid upon <strong>the</strong> table, His Excellency<strong>the</strong> Govern<strong>or</strong> solicits <strong>the</strong> advice of <strong>the</strong> Oounw as to <strong>the</strong> propriety <strong>or</strong>now sending down a Bill f<strong>or</strong> annexing <strong>the</strong> territ<strong>or</strong>ies in q ueetion ; <strong>or</strong> a.to whet.1ter it might not b, m<strong>or</strong>, prudent-lool.;;ng to tlu mflj<strong>or</strong>it;u by whichtlu ruolutionB Iuul b,en carrietl in tM two Eo",u, to <strong>the</strong> departure of 10m amembers who voted in: those maj<strong>or</strong>ities as well as to <strong>the</strong> late periodof <strong>the</strong> Session-to dllay elu 'Up till tl;e nen Session of Parliament,and to remain content, in <strong>the</strong> meantime, with obtaining an expres­Ilion of its approval of <strong>the</strong> retention upon <strong>the</strong> <strong>fields</strong> of a detachmentof <strong>the</strong> Frontier Police; and of <strong>the</strong> adoption of such o<strong>the</strong>r measuresconnnected with <strong>the</strong> administration of justice, and <strong>the</strong> preservationof peace and <strong>or</strong>der, as circumstances may from time to time demand."As <strong>the</strong> Oouncil believes that <strong>the</strong>re would not, at prumt, b, tM,ligAtest IUJpe of carr!Jing .ucl, a Bill through e;tMr IIOUI', and is, indeed,apprehensive that any attempt of <strong>the</strong> kind might frustrate <strong>the</strong> ~er!JobJect, contemplated by tlu Go,ernlMnt, it strongly recommends <strong>the</strong>adoption of <strong>the</strong> second alternative suggested by His Excellency,and that legislation be deferred until next Session."His Excellency <strong>the</strong> Govern<strong>or</strong> concurs ir. <strong>the</strong> views expressed by<strong>the</strong> Oouncil, and it is o~<strong>or</strong>ed acc<strong>or</strong>dingly."What " objects" were "contemplated by <strong>the</strong>Government"? To <strong>the</strong> Parliament <strong>the</strong> Govern<strong>or</strong> haddeclared that his only object in delaying legislation on<strong>the</strong> subject was because <strong>the</strong> boundary question was unsettled,<strong>the</strong>reby implying that his wish was similar tothat of <strong>the</strong> House, viz., that no injury should be doneto <strong>the</strong> }i"ree State, and that annexation should bedelayed until an amicable adjustment of <strong>the</strong> boundarieshad first been arrived at. To President Brand he hadpenned a very different intimation. Is it not true that<strong>the</strong> real "objects of <strong>the</strong> Government" were in acc<strong>or</strong>dancewith that threat "to annex <strong>the</strong> cession of territ<strong>or</strong>yoffered by'Vatcrboer with," in <strong>or</strong>der to obtain<strong>the</strong> <strong>diamond</strong> <strong>fields</strong>, "such boundaries as I (Sir H.Barkly) may see fit to proclaim"? We shall see tha~<strong>the</strong>y were; that, without waiting f<strong>or</strong> ei<strong>the</strong>r <strong>the</strong> "con-Digitized by Goog Ie


THE LArE CAPE GOVERNMENT'S POLICY. 319"sent" <strong>or</strong> f<strong>or</strong>mal acceptation of and agreement toannexation"by law," by <strong>the</strong> Cape Parliament, heproceeded to put his threat to President Brand inexecution.Being afraid, from <strong>the</strong> bare maj<strong>or</strong>ity of only one vote,by which even <strong>the</strong> fair, impartial, and hypo<strong>the</strong>tical" resolutions" had been but just dragged through <strong>the</strong>Houses, that any such Bill as that embracing <strong>the</strong>ir" objects" would be certainly rejected, <strong>the</strong> Governmentcunningly obtained a fur<strong>the</strong>r" resolution" from bothHouses of Parliament, by acting upon and far beyond<strong>the</strong> terms of which (even proceeding so far as to annex<strong>the</strong> whole of Waterboer's country, toge<strong>the</strong>r with allterrit<strong>or</strong>y his unsupp<strong>or</strong>ted ipas dixit claimed from <strong>the</strong>Free State) Sir H. Barkly and his colleagues tried toso far commit Parliament to <strong>the</strong>ir policy, "objects,"and· action, as to ensure an approval and end<strong>or</strong>sementof <strong>the</strong> annexation-an unlawful postliminious legalizationof <strong>the</strong> <strong>or</strong>iginally unauth<strong>or</strong>ized and illegal actas <strong>the</strong> unavoidable consequence of an accomplishedfact. We shall see that <strong>the</strong> members of <strong>the</strong> ExecutiveCouncil very much deceived <strong>the</strong>mselves as to<strong>the</strong> docility of Parliament, and <strong>the</strong> result <strong>the</strong>y anticipated.The last and most fatal of <strong>the</strong> "resolutions" was veryquietly moved, in a scantily attended House, upon <strong>the</strong>-5th of August, 1871, by:Ur. Sou<strong>the</strong>y, <strong>the</strong> ColonialSecretary, Water boer's principal advocate, and, as iswell known, from certain private motiveR, a bitterenemy of <strong>the</strong> Orange Free State; indeed, aprop.a to<strong>the</strong> insinuation, it is also equally not<strong>or</strong>ious that Sir H.Barkly is alleged to have an even greater personalcause f<strong>or</strong> his ruthless and apparently insensateDigitized by Goog Ie


~20 THE SECOND" RESOLUTION.".animosity; but it is a subject we may not fur<strong>the</strong>rventilate.The Oolonial Secretary· moved: C That, pending <strong>the</strong> adjastment·of <strong>the</strong> boundary diapntee, and <strong>the</strong> p...mg of a law f<strong>or</strong> <strong>the</strong> anneDtionof <strong>the</strong> <strong>diamond</strong> <strong>fields</strong> to this Oolony, thie Oommittee is ofopinion that <strong>the</strong> Govern<strong>or</strong> should be requested t. 4t1t1pe ,,"1 ~.41 fIt(J!I Witif' t. 1M". t. H flHm4,., and praotioable f<strong>or</strong> <strong>the</strong> maintenanceof <strong>or</strong>der among ihe diggers and o<strong>the</strong>r inhabitant. of thatterrit<strong>or</strong>y, as well as f<strong>or</strong> <strong>the</strong> collection of revenue and <strong>the</strong> admjniatra­:tion of justice.' "On <strong>the</strong> 7th of A1loaustt this "resolution" alsopassed <strong>the</strong> Legislative Council.In <strong>the</strong> w<strong>or</strong>ds of Mr. Godlonton, <strong>the</strong> members, nodoubt, one and all, ",.ega,.ded tkiB tU mef"61U carrgi"9.into effect tM re8olution which had pfJ88ed <strong>the</strong> Oouncil.""Dr. WJIlTB seconded <strong>the</strong> motion. He said <strong>the</strong> receipt of this'meaaage had con6rmed him in <strong>the</strong> opinion he had previonalyexp1'8Blled,tMt tMr6 tDtJI flO .m... inUntiM 0/4MHftn, eM tiis ... jUlM• • • The meaaage had relieved his mind.""The TRLU17&BB-GEnBAL relUl'ked that • • • <strong>the</strong> resolution'was intended to streng<strong>the</strong>n <strong>the</strong> hands of <strong>the</strong> Government, tDlu. tM·fUUtitln 0/ annn:ation tDtJI,till fHtIding."Amidst such views and interpretations <strong>the</strong> "resolution"was agreed to.If it had clearly and distinctly set f<strong>or</strong>th <strong>the</strong> fact onwhich it was based, namely, <strong>the</strong> express limitation bywhich all annexation, &c., was to be confined to"BUCh pa,.t of <strong>the</strong> &