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diff --git a/17136-8.txt b/17136-8.txt new file mode 100644 index 0000000..3881e1e --- /dev/null +++ b/17136-8.txt @@ -0,0 +1,2939 @@ +The Project Gutenberg EBook of Selected Official Documents of the South +African Republic and Great Britain, by Various + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: Selected Official Documents of the South African Republic and Great Britain + A Documentary Perspective Of The Causes Of The War In South Africa + +Author: Various + +Editor: Hugh Williams and Frederick Charles Hicks + +Release Date: November 23, 2005 [EBook #17136] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK SELECTED OFFICIAL DOCUMENTS *** + + + + +Produced by Marilynda Fraser-Cunliffe, Taavi Kalju and the +Online Distributed Proofreading Team at https://www.pgdp.net + + + + + + + +Selected + +Official Documents + +OF THE + +South African Republic + +AND + +Great Britain. + + * * * * * + +A documentary perspective of the causes of the war in South Africa. + + * * * * * + +EDITED BY + +HUGH WILLIAMS, M.A., B.L.S., + +_Library of Congress_, + +AND + +FREDERICK CHARLES HICKS, Ph.B., + +_Library of Congress_. + + + + +PREFACE. + + +The universal interest in the affairs of the South African Republic is +responsible for the idea that a selection of documents illustrative of +the South African controversy will be appreciated by American readers. +The documents which are here reprinted are by no means unobtainable; +but, to the general reader, they have been hitherto quite inaccessible. +Only the largest public libraries have the proper sources of +information, and even with these books at hand the student has been +forced to delve in a mass of irrelevant material for the hidden object +of his desire. + +The present compilation has been made in the hope of meeting the +immediate demands of the public. To avoid cumbersomeness, many important +documents have necessarily been omitted; yet as far as possible, the +editors have given a complete series of documents. The arrangement is +partly chronological, and we hope altogether logical. Commencing with +the London Convention of 1884, which defines the status of the South +African Republic in its relations with Great Britain, we follow with the +revised Constitution of 1889, and its complementary law of June 23, +1890, which granted representation in a second Volksraad to burghers of +two years' standing. The latest legislation concerning the right of +franchise is given in the enactment of July, 1899. This law, together +with negotiations looking toward further concessions to the Uitlander +population forms the subject of our third chapter. No agreement having +been reached, and numerous complications having arisen, conspicuously +the movements of British troops, the Ultimatum of President Kruger on +October 9, precipitated a state of war. + +In presenting this Ultimatum President Kruger knew that the Republic +would not have to fight alone, but that there would be practically a war +of the South African Dutch against the English. The declaration of the +Orange Free State to Great Britain will therefore be of interest, as +expressing the grounds of sympathy between the South African Republic +and the Orange Free State, and the latter's view of the _causa belli_. +Lastly we add the constitution of the Orange Free State that the +political status of the two republics may be appreciated by comparison +of their constitutions. + +The documents have been compiled from the _Codex van de Locale Wetten +der Zuid-Afrikaansche Republiek. Gröningen, 1894_; _The Political Laws +of the South African Republic. London and Cape Town, 1896_; and the +_State Papers of Great Britain, London, 1884-99_. + +WASHINGTON, _February 10, 1900_. + + + + +CONTENTS. + + + PAGE +CHAPTER I. + +1. Convention of London, February 27, 1884 7 + +2. Ratification by Volksraad, August 8, 1884 14 + + +CHAPTER II. + +3. Constitution of the South African Republic, revised and published +December 25, 1889 16 + +4. Establishment of the Second Volksraad, June 23, 1890 40 + + +CHAPTER III. + +_The Franchise._ + +5. The Franchise Law. July 26, 1899 47 + +6. Proposed modification + + (a) Proposal of Great Britain for a joint inquiry, August 2, 1899 53 + + (b) Alternative proposal of the South African Republic--The five +year franchise, August 19, 1899 53 + + +CHAPTER IV. + +7. Ultimatum of South African Republic, October 9, 1899 57 + +8. Reply of Great Britain, October 10, 1899 61 + + +CHAPTER V. + +_Dual alliance of the South African Republic and the Orange Free +State._ + +9. Resolution of Orange Free State Volksraad, September 27, 1899 62 + +10. Correspondence between Great Britain and Orange Free State, +October 11, 1899 63 + + +CHAPTER VI. + +11. Constitution of Orange Free State, revised and published, 1868 65 + + + + +CHAPTER I. + +CONVENTION OF LONDON, _February 27, 1884_. + +_A Convention Between Her Majesty the Queen of the United Kingdom of +Great Britain and Ireland and the South African Republic._ + + +Whereas, The Government of the Transvaal State, through its Delegates, +consisting of Stephanus Johannes Paulus Kruger, President of the said +State, Stephanus Jacobus Du Toit, Superintendent of Education, and +Nicholas Jacobus Smit, a member of the Volksraad, have represented that +the Convention signed at Pretoria on the 3rd day of August 1881, and +ratified by the Volksraad of the said State on the 25th October 1881, +contains certain provisions which are inconvenient, and imposes burdens +and obligations from which the said State is desirous to be relieved, +and that the southwestern boundaries fixed by the said Convention should +be amended, with a view to promote the peace and good order of the said +State, and of the countries adjacent thereto; and whereas, Her Majesty +the Queen of the United Kingdom of Great Britain and Ireland, has been +pleased to take the said representations into consideration: Now, +therefore, Her Majesty has been pleased to direct, and it is hereby +declared, that the following articles of a new Convention, signed on +behalf of Her Majesty by Her Majesty's High Commissioner in South +Africa, the Right Honorable Sir Hercules George Robert Robinson, Knight +Grand Cross of the Most Distinguished Order of Saint Michael and Saint +George, Governor of the Colony of the Cape of Good Hope, and on behalf +of the Transvaal State (which shall hereinafter be called the South +African Republic) by the above named Delegates, Stephanus Johannes +Paulus Kruger, Stephanus Jacobus Du Toit, and Nicholas Jacobus Smit, +shall, when ratified by the Volksraad of the South African Republic, be +substituted for the articles embodied in the Convention of 3rd August +1881; which latter, pending such ratification, shall continue in full +force and effect. + + +ARTICLES. + +ARTICLE I, II. + +(Articles I and II relate entirely to the settlement of the boundary +lines of the Republic.) + +ARTICLE III. + +If a British officer is appointed to reside at Pretoria or elsewhere +within the South African Republic to discharge functions analogous to +those of a Consular officer, he will receive the protection and +assistance of the Republic. + +ARTICLE IV. + +The South African Republic will conclude no treaty or engagement with +any State or nation other than the Orange Free State, nor with any +native tribe to the eastward or westward of the Republic, until the same +has been approved by Her Majesty the Queen. + +Such approval shall be considered to have been granted if Her Majesty's +Government shall not, within six months after receiving a copy of such +treaty (which shall be delivered to them immediately upon its +completion), have notified that the conclusion of such treaty is in +conflict with the interests of Great Britain or any of Her Majesty's +possessions in South Africa. + +ARTICLE V. + +The South African Republic will be liable for any balance which may +still remain due of the debts for which it was liable at the date of +Annexation, to wit, the Cape Commercial Bank Loan, the Railway Loan, and +the Orphan Chamber Debt, which debts shall be a first charge upon the +revenues of the Republic. The South African Republic will moreover be +liable to Her Majesty's Government for £250,000, which will be a second +charge upon the revenues of the Republic. + +ARTICLE VI. + +The debt due as aforesaid by the South African Republic to Her Majesty's +Government will bear interest at the rate of three and a half per cent. +from the date of the ratification of this Convention, and shall be +repayable by a payment for interest and Sinking Fund of six pounds and +nine pence per £100 per annum, which will extinguish the debt in +twenty-five years. The said payment of six pounds and nine pence per +£100 shall be payable half yearly, in British currency, at the close of +each half year from the date of such ratification: _Provided always_, +That the South African Republic shall be at liberty at the close of any +half-year to pay off the whole or any portion of the outstanding debt. + +Interest at the rate of three and a half per cent. on the debt as +standing under the Convention of Pretoria shall as heretofore be paid to +the date of the ratification of this Convention. + +ARTICLE VII. + +All persons who held property in the Transvaal on the 8th day of August +1881, and still hold the same, will continue to enjoy the rights of +property which they have enjoyed since the 12th April 1877. No person +who has remained loyal to Her Majesty during the late hostilities shall +suffer any molestation by reason of his loyalty; or be liable to any +criminal prosecution or civil action for any part taken in connection +with such hostilities; and all such persons will have full liberty to +reside in the country, with enjoyment of all civil rights, and +protection for their persons and property. + +ARTICLE VIII. + +The South African Republic renews the declaration made in the Sand River +Convention, and in the Convention of Pretoria, that no slavery or +apprenticeship partaking of slavery will be tolerated by the Government +of the said Republic. + +ARTICLE IX. + +There will continue to be complete freedom of religion and protection +from molestation for all denominations, provided the same be not +inconsistent with morality and good order; and no disability shall +attach to any person in regard to rights of property by reason of the +religious opinions which he holds. + +ARTICLE X. + +The British Officer appointed to reside in the South African Republic +will receive every assistance from the Government of the said Republic +in making due provision for the proper care and preservation of the +graves of such of Her Majesty's Forces as have died in the Transvaal; +and if need be, for the appropriation of land for the purpose. + +ARTICLE XI. + +All grants or titles issued at any time by the Transvaal Government in +respect of land outside the boundary of the South African Republic, as +defined in Article I, shall be considered invalid and of no effect, +except in so far as any such grant or title relates to land that falls +within the boundary of the South African Republic; and all persons +holding any such grant so considered invalid and of no effect will +receive from the Government of the South African Republic such +compensation, either in land or in money, as the Volksraad shall +determine. In all cases in which any Native Chiefs or other authorities +outside the said boundaries have received any adequate consideration +from the Government of the South African Republic for land excluded from +the Transvaal by the first Article of this Convention, or where +permanent improvements have been made on the land, the High Commissioner +will recover from the native authorities fair compensation for the loss +of the land thus excluded, or of the permanent improvements thereon. + +ARTICLE XII. + +The independence of the Swazis, within the boundary line of Swaziland, +as indicated in the first Article of this Convention, will be fully +recognized. + +ARTICLE XIII. + +Except in pursuance of any treaty or engagement made as provided in +Article IV of this Convention, no other or higher duties shall be +imposed on the importation into the South African Republic of any +article coming from any part of Her Majesty's dominions than are or may +be imposed on the like article coming from any other place or country; +nor will any prohibition be maintained or imposed on the importation +into the South African Republic of any article coming from any part of +Her Majesty's dominions which shall not equally extend to the like +article coming from any other place or country. And in like manner the +same treatment shall be given to any article coming to Great Britain +from the South African Republic as to the like article coming from any +other place or country. + +These provisions do not preclude the consideration of special +arrangements as to import duties and commercial relations between the +South African Republic and any of Her Majesty's colonies or possessions. + +ARTICLE XIV. + +All persons, other than natives, conforming themselves to the laws of +the South African Republic (_a_) will have full liberty, with their +families, to enter, travel, or reside in any part of the South African +Republic; (_b_) they will be entitled to hire or possess houses, +manufactories, warehouses, shops and premises; (_c_) they may carry on +their commerce either in person or by any agents whom they may think fit +to employ; (_d_) they will not be subject, in respect of their persons +or property, or in respect of their commerce or industry, to any taxes, +whether general or local, other than those which are or may be imposed +upon citizens of the said Republic. + +ARTICLE XV. + +All persons, other than natives, who establish their domicile in the +Transvaal between the 12th day of April 1877, and the 8th August 1881, +and who within twelve months after such last mentioned date have had +their names registered by the British Resident, shall be exempt from all +compulsory military service whatever. + +ARTICLE XVI. + +Provision shall hereafter be made by a separate instrument for the +mutual extradition of criminals, and also for the surrender of deserters +from Her Majesty's Forces. + +ARTICLE XVII. + +All debts contracted between the 12th April 1877 and the 8th August 1881 +will be payable in the same currency in which they may have been +contracted. + +ARTICLE XVIII. + +No grants of land which may have been made, and no transfers or +mortgages which may have been passed between the 12th April 1877 and the +8th August 1881, will be invalidated by reason merely of their having +been made or passed between such dates. + +All transfers to the British Secretary for Native Affairs in trust for +Natives will remain in force, an officer of the South African Republic +taking the place of such Secretary for Native Affairs. + +ARTICLE XIX. + +The Government of the South African Republic will engage faithfully to +fulfil the assurances given, in accordance with the laws of the South +African Republic, to the natives at the Pretoria Pitso by the Royal +Commission in the presence of the Triumvirate and with their entire +assent, (1) as to the freedom of the natives to buy or otherwise acquire +land under certain conditions, (2) as to the appointment of a commission +to mark out native locations, (3) as to the access of the natives to the +courts of law, and (4) as to their being allowed to move freely within +the country, or to leave it for any legal purpose, under a pass system. + +ARTICLE XX. + +This Convention will be ratified by a Volksraad of the South African +Republic within the period of six months after its execution, and in +default of such ratification this Convention shall be null and void. + +Signed in duplicate in London this 27th day of February 1884. + +[Signed] HERCULES ROBINSON, +[Signed] S.J.P. KRUGER, +[Signed] S.J. DU TOIT, +[Signed] N.J. SMIT. + + +RATIFICATION BY VOLKSRAAD. + +_August 8, 1884._ + +The Convention was ratified on August 8, 1884 by the Volksraad in a +resolution as follows: "The Volksraad having considered the new +Convention concluded between its deputation and the British Government +at London on 27th February 1884, as likewise the negotiations between +the contracting parties, which resulted in the said Convention, approves +of the standpoint taken by its deputation that a settlement based upon +the principle of the Sand River Convention can alone fully satisfy the +burghers of the Republic. It also shares the objections set forth by the +deputation against the Convention of Pretoria, as likewise their +objections against the Convention of London on the following points:-- + +"1st. The settlement of the boundary, especially on the western border +of the Republic, in which the deputation eventually acquiesced only +under the express conditions with which the Raad agree. + +"2nd. The right of veto reserved to the British Crown upon treaties to +be concluded by the Republic with foreign powers; and + +"3rd. The settlement of the debt. Seeing, however, that in the said +Convention of London considerable advantages are secured to the +Republic, especially in the restoration of the country's independence, + +"_Resolves_, With acknowledgment of the generosity of Her Britannic +Majesty, to ratify, as it hereby does, the said Convention of London." + + + + +CHAPTER II. + +CONSTITUTION OF THE SOUTH AFRICAN REPUBLIC. + + +ARTICLE 1.--This State shall bear the name of the South African +Republic. + +ARTICLE 2.--The form of government of this State shall be that +of a republic. + +ARTICLE 3.--It desires to be recognized and respected by the +civilized world as an independent and free people. + +ARTICLE 4.--The people seek for no extension of territory, and +desire it only in accordance with just principles, when the interest of +the Republic makes such extension desirable. + +ARTICLE 5.--The people desire to retain and maintain their +territory in South Africa unimpaired. The boundaries thereof are fixed +by proclamation. + +ARTICLE 6.--Its territory is open for every foreigner who obeys +the laws of this Republic. All who are within the territory of this +Republic have equal claims to protection of person and property. + +ARTICLE 7.--The land or farms situate in this territory which +have not yet been given out, are declared to be the property of the +State. + +ARTICLE 8.--The people claim the utmost social freedom, and +expect the result from the maintenance of their religious belief, from +the observance of their obligations, from submission to law, order and +right, and the maintenance of the same. + +The people permit the spread of the Gospel among the heathen under fixed +precautions against deceit or misleading. + +ARTICLE 9.--The people will not allow any equalization of the +coloured inhabitants with the white. + +ARTICLE 10.--The people will not suffer any slave trade or +slavery in this Republic. + +ARTICLE 11.--The people reserve to themselves the protection +and defence of the independence and inviolability of the State, subject +to the laws. + +ARTICLE 12.--The people entrust the legislation to a +Volksraad--the highest authority in the land--consisting of +representatives or deputies of the people, chosen by the enfranchised +burghers; but with the reservation that a period of three months shall +be left to the people to enable them if they so wish to communicate to +the Volksraad their verdict on a proposed law; except those laws which +can suffer no delay. + +ARTICLE 13.--The people charge the President with the task of +proposing and executing the laws; he also brings before the Volksraad +the appointments of all civil servants for ratification. + +ARTICLE 14.--The people entrust the maintenance of order to the +military force, the police, and other persons appointed by the law for +that purpose. + +ARTICLE 15.--The people place the judicial power in the hands +of a Supreme Court, Circuit Court, Landrosts, Juries, and such other +persons as shall be entrusted with judicial powers, and leave all these +free to discharge their function according to their judgment and +consciences, according to the laws of the land. + +ARTICLE 16.--The people shall receive annually from the +Volksraad an estimate of the general income and expenses of the State, +and learn therefrom how much every man's taxes shall amount to. + +ARTICLE 17.--Potchefstrom, situated on the Mooi River, shall be +the capital of the Republic, and Pretoria the seat of Government. + +ARTICLE 18.--All services rendered on behalf of the public are +remunerated by the public. + +ARTICLE 19.--Freedom of the press is granted provided the +printer and publisher remain responsible for all the documents which +contain defamation, insult, or attacks against any one's character. + + +OF THE PROTECTION AND DEFENCE OF THE STATE. + +ARTICLE 20.--The people shall only appoint as representatives +in the Volksraad those who are members of a Protestant Church. + +ARTICLE 21.--The people desire the growth, prosperity, and +welfare of the State, and with this view provision for suitable school +teachers. + +ARTICLE 22.--Providing also that in time of peace precautionary +measures are taken to enable the State to wage or withstand a war. + +ARTICLE 23.--In case of a hostile attack from outside, +everyone, without distinction, shall be held bound to lend his +assistance on the promulgation of martial law. + +ARTICLE 24.--No treaty or alliance with foreign powers or +peoples may be ratified until the Volksraad has expressed its feelings +upon the same, the treaty requiring to be ratified and passed or else +cancelled according to the judgment of the Volksraad, with exception of +those treaties which the Government is empowered by law or Volksraad +resolution to make. + +ARTICLE 25.--In case of threatening danger for the State or in +time of war, the right of judging as to whether such treaty or alliance +is advisable or not is left to the Commandant-General advised by the +Military Council, if the commandos are in the field, and there is no +time to consult the Executive Council. + + +OF THE VOLKSRAAD, THE HIGHEST AUTHORITY, OR THE LEGISLATIVE POWER. + +ARTICLE 26.--The Volksraad shall be the highest authority of +the country, and the legislative power. + +ARTICLE 27.--No civil servants are to be representatives of the +people. + +ARTICLE 28.--The Volksraad shall consist of at least twelve +members, who must possess the following qualifications:-- + +They must have attained the age of thirty years, and be born in the +Republic, or have for fifteen consecutive years been burghers entitled +to vote, be members of a Protestant Church, reside, and possess +immovable property, in the Republic. No persons of notoriously bad +character, or who have had a dishonouring sentence pronounced against +them, and no uncertified or unrehabilitated insolvents shall be +eligible. They may not be related to each other in the relationship of +father and son or stepson. No coloured persons or bastards shall be +admitted into our Assemblies. In like manner no military officer or +official of the State, who draws a fixed annual or monthly salary, shall +be eligible as member of the Volksraad. + +ARTICLE 29.--The members of the Volksraad are elected by a +majority of votes from among the electors of each district. No one shall +be considered as elected who has not obtained at least sixty votes. +Every one who is born in the country and has attained the age of +twenty-one years, or has become naturalized, shall be a burgher +qualified to vote. The members of the Volksraad are elected for the +period of four years. + +ARTICLE 30.--No one shall be eligible who has not received a +requisition signed by at least twenty-five voters. The voters in one +district are at liberty to vote for a candidate living in another +district. (That is to say, they may be represented by a candidate who +resides in a district other than that in which the voters reside.) + +ARTICLE 31.--Every enfranchised burgher is allowed, if he +wishes, to bring accusations against the President or members of the +Executive Council for contravention of their duties or official crimes, +and send those accusations to the President of the Volksraad, under the +address; "To the Hon. President of the Volksraad," who then shall act +according to his judgment of the affair. + +ARTICLE 32.--The election of members for the Volksraad shall +take place in the month of January or February, or in exceptional cases +upon such times as shall be fixed. For each district two members shall +be chosen, except the districts Pretoria, Potchefstrom, Rustenberg, +Lydenburg and Vryheid, for which three members shall be elected. +Elective districts on the Gold-fields shall each elect one member. At +the expiration of the second year it shall be decided by lot which half +of the members shall go out; the other half shall vacate their seats at +the end of the fourth year, and so on. New members of the Volksraad +shall be chosen from the districts whose members fall out. Retiring +members are re-eligible. + +ARTICLE 33.--The Volksraad appoints, outside its members, a +Secretary, to be proposed by the Executive Council. + +ARTICLE 34.--A Volksraad member who absents himself, and does +not comply with the notice to attend, incurs a penalty of Rds. 75. + +ARTICLE 35.--The reasons for a Volksraad member's +non-appearance are:-- + +(1) Indisposition and bodily infirmity, to be proved by the member +chosen or summoned, by a signed declaration of the Landrost, Commandant, +or Field-Cornet of his division. + +(2) Such unforeseen circumstances, being actually proved, as make it +impossible for him to be present, or to remain there. + +ARTICLE 36.--All objections, excuses, and notices mentioned in +Articles 34 and 35 shall be sent into the President and be decided upon +by the Executive Council. Provision shall be made as soon as possible to +fill in the places open in consequence. + +ARTICLE 37.--The members of the Volksraad shall, before taking +up their official duties, be sworn by the members of the Volksraad who +are present on the day of the session; their oath shall be of the nature +of the following:-- + +"As elected member of the Volksraad of this Republic, I declare, +believe, and swear solemnly, that I have neither made nor promised gifts +to anyone to reach this office; that I shall be faithful in this office +to the people; that I shall act in accordance with the Constitution and +other laws of this country, according to the best of my knowledge and +conscience, and consider only the furtherance of the happiness and +welfare of the public at large." + +ARTICLE 38.--The members of the Volksraad present choose their +Chairman after the opening of the session, and before the annual +business. + +ARTICLE 39.--All deliberations shall be settled by a bare +majority of the votes of the members voting. + +ARTICLE 40.--The Volksraad does not separate before all matters +of business which must be treated of are finished, and the session is +closed by the President of the Volksraad. A member can obtain leave of +absence from the Volksraad, if he is in such case as mentioned in No. 2, +Article 35. + +ARTICLE 41.--The members of the Volksraad doing service as such +shall be free from military service, without being free from the costs +which the military authorities may exact from them: they shall enjoy +remuneration for the period of their stay during the cessation of their +private business. + +ARTICLE 42.--The meetings are held with open doors, unless the +Volksraad decide that the discussions upon some proposition be taken in +secret. The persons present who have no seat in the Volksraad may only +speak when they answer a question of the President. + +ARTICLE 43.--The President shall bring forward for discussion +the proposals for laws which have come in before the Volksraad, whether +the latter have been made known to the public three months before the +commencement of the session, or whether the same have come in during the +session of the Volksraad. + +ARTICLE 44.--When the notices of laws and Government notices +to the public have not been given in time, the President shall examine +with whom the blame of that delay lies. A Landrost found guilty hereof +shall have a fine of Rds. 50 inflicted, and a Field-Cornet or lesser +official of Rds. 25. + +ARTICLE 45.--A copy of every law which has been adopted shall +be sent in by the Chairman to the President for execution. + +ARTICLE 46.--When a new President is appointed, the Volksraad +shall depute four of its members and the Secretary to invite him to come +and take his official oath in the meeting of the Volksraad. + +ARTICLE 47.--On the appointment of the members of the Executive +Council and the Commandant-General, the Volksraad shall give them +written notice thereof, in order to enable them to take the official +oath before the Volksraad at a time to be fixed. + +ARTICLE 48.--The President shall annually submit a list of all +officials appointed during the year for the approval or disapproval of +the Volksraad. + +ARTICLE 49.--In the event of the Court, contemplated by Article +8 of the Amendment of the Grondwet of 1877, declaring the State +President, or the Supreme Court, contemplated by Article 115 of the +Grondwet, declaring the Commandant-General or other members of the +Executive unfit to occupy his or their office, the Chairman of the +Volksraad, upon the receipt of the decision of such Court, shall convene +the members of the Volksraad, who shall be bound to attend, in order to +dismiss the official or officials found guilty; and to provide for the +filling up of the vacancy or vacancies so caused. + +ARTICLE 50.--The members of the Volksraad assemble in the +Council Hall annually on the first Monday in May, or such other time as +may be indicated in their summons, whenever the President judges it +necessary that the Volksraad should come together; and daily from that +time onwards at nine o'clock in the morning, so as to be at work not +less than four to five hours a day. The assembly of the Volksraad shall +be opened and closed with a suitable prayer. + +ARTICLE 51.--The President of the Volksraad is responsible that +the meetings are held according to regulations in Article 50, on neglect +of which the Volksraad can fine him in 5 to 50 Rds. + +ARTICLE 52.--The maintenance of order among the persons +present, as mentioned in Article 42, must be entrusted to the +Field-Cornet appointed to that purpose by the Landrost of the district +where the session is held. + +ARTICLE 53.--The Landrost shall also appoint a messenger to be +at the service of the Volksraad during the meeting. + +ARTICLE 54.--The Volksraad judges all contraventions of +regulations fixed by the Volksraad, and committed in the hall of the +Volksraad, and punishes the infringers without further appeal. + +ARTICLE 55.--Notice is given by the Secretary of all fines +inflicted by the Volksraad, to the Landrost under whom the persons fined +reside, and the latter sees to its execution. + + +OF THE STATE PRESIDENT AND MEMBERS OF THE EXECUTIVE COUNCIL.--THE +PROPOSERS OF LAWS. + +ARTICLE 56.--The executive power resides in the State +President, who is responsible to the Volksraad. He is chosen by a +majority of the burghers entitled to vote, and for the term of five +years. He is eligible for re-election. He must have attained the age of +thirty years, and need not be a burgher of the State at the time of his +nomination, and must be a member of a Protestant Church, and have no +dishonouring sentence pronounced against him. (By a subsequent law the +President must be chosen from _among_ the burghers; he _must_ be a +burgher. Outsiders are excluded.) + +ARTICLE 57.--The President is the first or highest official of +the State. All civil servants are subordinate to him; such, however, as +are charged with exercise of the judicial power are left altogether free +and independent in its exercise. + +ARTICLE 58.--As long as the President holds his position as +such he shall fill no other, nor shall he discharge any ecclesiastical +office, nor carry on any business. The President cannot go outside the +boundaries of the State without consent of the Volksraad. However, the +Executive Council shall have the power to grant him leave to go outside +the boundaries of the State upon private affairs in cases of necessity. + +ARTICLE 59.--The Vice-President assumes authority in case the +President is dismissed or incapable of acting, or is absent from seat of +government. + +ARTICLE 60.--The President shall be discharged from his post by +the Volksraad after conviction of misconduct, embezzlement of public +property, treachery, or other serious crimes, and be treated further +according to the laws. + +ARTICLE 61.--If in consequence of transgression of the +Constitution or other public misdemeanors the Volksraad resolve that the +President shall be brought to trial, he shall be tried before a special +court composed of the members of the High Court, the President and +another member of the Volksraad, while the State Attorney acts as Public +Prosecutor. The accused shall be allowed to secure assistance of a +lawyer at his choice. + +ARTICLE 62.--The President is charged with the proposing of +laws to the Volksraad, whether his own proposals or others which have +come in to him from the people; he must make these proposals known to +the public by means of the _Staats Courant_ three months before +presenting them to the Volksraad, together with all such other documents +as are judged useful and necessary by him. + +ARTICLE 63.--All proposals for a law sent in to the President +shall, before they are published, be judged by the President and +Executive Council as to whether publication is necessary or not. + +ARTICLE 64.--The President submits the proposals for laws to +the Volksraad, and charges the official to whose department they belong +first and foremost, with their explanation and defence. + +ARTICLE 65.--As soon as the President has received the notice +of the Volksraad that the proposed law is adopted, he shall have that +law published within two months, and after the lapse of a month, to be +reckoned from the publication, he shall take measures for the execution +of the same. + +ARTICLE 66.--Proclamation of martial law, as intended in +Article 23, shall only be made by the President with the assent of the +members of the Executive Council. This proclamation must, however, take +place in case of pressing danger, and the law shall then at once be put +into execution; the decision with regard to the danger is left to the +President and the members of the Executive Council, and is on their +responsibility. The Commandant-General must be present at the +consideration and decision of military affairs in the Executive Council +in virtue of his office, and shall have a vote as such therein. + +ARTICLE 67.--The President, with advice of the Executive +Council, declares war and peace, with reference to Article 66 of the +Constitution; the Government having first, if possible, summoned the +Volksraad before the declaration of war. Treaties of peace require the +ratification of the Volksraad, which is summoned as soon as possible for +that purpose. + +ARTICLE 68.--The President appoints all officials, either +personally, by commission through the head officials, taking into +consideration that all officials must be enfranchised burghers, or must +produce good testimonials to the satisfaction of the Government, and +that so far as they are charged with financial administration, must find +adequate security therefore at the choice of the Government. + +ARTICLE 69.--The President complies, as far as possible, with +the desire of the people, as referred to in Article 21. + +ARTICLE 70.--The President shall submit, yearly, at the opening +of the Volksraad, estimates of general outgoings and income, and +therein indicate how to cover the deficit or apply the surplus. + +ARTICLE 71.--He shall also give a report during that session of +that Volksraad, of his actions during the past year, of the condition of +the Republic and everything that concerns its general interest. + +ARTICLE 72.--After examination of the election returns for the +members of the Volksraad, sent in to the Executive Council, he shall +summon that Raad, yearly, on the first Monday of May, and whenever +necessity so demands. + +ARTICLE 73.--He publishes in the month of March or April the +names and residences of those chosen members of the Volksraad. + +ARTICLE 74.--The written summons of the members of the +Volksraad shall be sent to their houses three weeks before the opening +of the same. + +ARTICLE 75.--The President and one member of the Executive +Council shall, if possible, visit the towns and villages of the Republic +where Landrost's officers are, once in the year; he shall examine the +state of those offices, inquire into the conduct of the officials, and +on these circuits give the inhabitants during their stay an opportunity +to bring before him anything they are interested in. + +ARTICLE 76.--The President has the power, saving his +responsibility to the Volksraad, to dismiss officials from their +offices, to make provisional appointments, and to fill all open places. +He reports to the first following session of the Volksraad with regard +to these transactions. + +ARTICLE 77.--The President signs all appointments of officials, +gives them their instructions himself, or has it read and explained to +them by qualified officials, administers the oath, makes them sign it, +and after their appointment puts into their hands a copy of +instructions. + +ARTICLE 78.--The President is charged with the administration +of the public service, the Postal Department and Public Works; he and +the members of the Executive Council are at the same time charged with +the supervision of the powder magazines and cannon of the State. + +ARTICLE 79.--Correspondence with foreign powers shall be +carried on by the President and the Executive Council. The dispatches +shall be signed by him and the Secretary of State. + +ARTICLE 80.--The President with the Executive Council has the +right to diminish or remit sentences of punishment passed for +misdemeanours or crime, on recommendation of the Court that has passed +the sentence, or upon petition of the person condemned, after having +taken the advice of the Court thereupon. + +ARTICLE 81.--Before accepting his office he shall take the +following oath before the Volksraad:-- + +"As elected President of the Republic, I promise and swear solemnly, +that I shall be faithful to the people; and that I shall act according +to right and law in my office, according to the best of my knowledge and +conscience without respect of persons; that I have done no one favour, +nor made presents to reach this office; that I shall not accept from +anyone any present or favour, if I can suppose that this present or +favour should be made or done with a view of gaining from me a +resolution in favour of the person who does the favour or makes the +gifts; that I shall act according to the Constitution of the Republic, +and intend alone the furthering of the happiness and welfare at large of +its inhabitants." + +ARTICLE 82.--The President exercises his power along with the +Executive Council. An Executive Council shall be joined to the +President, consisting of the Commandant-General, two enfranchised +burghers, a Secretary, and a Notekeeper (_notulenhouder_), who shall +have an equal vote, and bear the title of members of the Executive +Council. The Superintendent of Native Affairs and the Notekeeper shall +be _ex-officio_ members of the Executive Council. The President and +members of the Executive Council shall have the right to sit, but not to +vote, in the Volksraad. The President is allowed, when important +affairs arise, to invite the head official to be present in the +Executive Council whose department is more directly concerned with the +subject to be treated of. The said head official shall then have a vote +in the Executive Council, be equally responsible for the resolution +taken, and sign it along with the others. + +ARTICLE 83.--According to the intention of Article 82 the +following shall be considered "Head Officials": The State Attorney, +Treasurer, Auditor, Superintendent of Education, Orphan-Master, +Registrar of Deeds, Surveyor-General, Postmaster-General, Head of the +Mining Department, Chief Director of the Telegraph Service, and Chief of +Public Works. + +ARTICLE 84.--The President shall be Chairman of the Executive +Council, and in case of an equal division of votes have a casting vote. +For the ratification of sentences of death, or declarations of war, the +unanimous vote of the Executive Council shall be requisite for a +decision. + +ARTICLE 85.--Regularly once a month, and at such other times as +the President shall judge necessary, the Executive Council shall sit at +his office. + +ARTICLE 86.--The President with two members form a quorum. + +ARTICLE 87.--All resolutions of the Executive Council and +official letters of the President must, besides being signed by him, +also be signed by the Secretary of State. The latter is at the same time +responsible that the contents of the resolution, or the letter, is not +in conflict with the existing laws. + +ARTICLE 88.--The two enfranchised burghers or members of the +Executive Council contemplated by Article 82 are chosen by the Volksraad +for the period of three years, the Commandant-General for ten years; +they must be members of a Protestant Church, have had no sentence in a +criminal court to their discredit, and have reached the age of thirty +years. + +ARTICLE 89.--The Secretary of State is chosen also by the +Volksraad, but is appointed for the period of four years. On resignation +or expiration of his term he is re-eligible. He must be a member of a +Protestant Church, have had no sentence in a criminal court to his +discredit, possess fixed property in the Republic, and have reached the +age of thirty years. + +ARTICLE 90.--Before the members of the Executive Council and +the Commandant-General receive their office, they take the official oath +before the Volksraad and sign the same. That oath shall be of similar +contents to that of the President, as modified to the title or office of +the person sworn, and that of the Commandant-General to the contents of +Article 108. + +ARTICLE 91.--Before the Secretary of State receives his office +he takes a similar oath to the members of the Executive Council, with a +small modification suitable to the nature of his office. + +ARTICLE 92.--In case the Volksraad decide to give effect to the +complaints mentioned in Article 31, it shall put the complaint in the +hands of the State Attorney with a view to its examination. If it +appears from such examination that the complaint is well founded, then +the Volksraad shall send the complaint to the High Court, or the Court +contemplated in Article 61, with notice of such sending to the said +Attorney. This Court, which then will have to deal with the case, shall +take cognizance of the case, and in the last resort pronounce sentence. + + +OF THE MILITARY FORCE AND MILITARY COUNCIL. + +ARTICLE 93.--The military force consists of all the men of this +Republic capable of bearing arms, and if necessary of all those of the +natives within its boundaries whose chiefs are subject to it. + +ARTICLE 94.--Besides the armed force of burghers to be called +up in times of disturbance or war, there exists a general police and +corps of artillery, for which each year a fixed sum is drawn upon the +estimates. + +ARTICLE 95.--The men of the white people capable of bearing +arms are all men between the ages of sixteen and sixty years; and of the +natives, only those which are capable of being made serviceable in the +war. + +ARTICLE 96.--For the sub-division of the military force the +territory of this Republic is divided into field-cornetcies and +districts. The dividing lines of the field-cornetcies and districts are +fixed by and in a common council of the President, Commandant-General, +and the adjoining Commandants and Field-Cornets; and each inhabitant +shall be bound to obey the authorities of the field-cornetcy or district +in which he lives. + +ARTICLE 97.--The men are under the orders of the following +officers, ascending in rank: Assistant Field-Cornets, Field-Cornets, +Commandants, and a Commandant-General. + +ARTICLE 98.--The officers are chosen by a majority of votes, +viz., the Assistant Field-Cornets and Field-Cornets, by the enfranchised +burghers of the wards, so also the Commandants by the enfranchised +burghers of the districts, and the Commandant-General by all the +enfranchised burghers of this Republic. Enfranchised burghers, according +to this Article, are burghers who have reached the age of eighteen +years. The ballot-boxes for the election of officers shall be attended +to by the Landrosts, who shall be bound to send them up to the Executive +Council. The Executive Council shall be obliged to give notice to the +chosen Commandant-General of the choice which has fallen upon him. + +ARTICLE 99.--Their appointments are:--The Commandant-General +for ten years, the Commandants for five years, the Field-Cornets, and +the Assistant Field-Cornets for three years; and on expiration of this +term, they are re-eligible. The Commandant-General shall be discharged, +or relieved of his post, on conviction of crimes, as mentioned in +Article 60. + +ARTICLE 100.--Not more than one Commandant shall be chosen for +each district. + +ARTICLE 101.--The military force, with the exception of the +hired natives, is summoned for the maintenance of order, for commando +duty on the occasion of home rebellion, and without any exception for +the protection of the country, and to fight with foreign enemies. + +ARTICLE 102.--The Assistant Field-Cornets and Field-Cornets are +charged with the maintenance of order; the Commandants are charged with +the commandos on occasion of rebellion at home; the Commandant-General +with commandos for the purpose of quelling disturbance among the white +population, the protection of the country, and fighting with foreign +enemies, in which case the Commandant-General shall have supreme command +over the whole army. + +ARTICLE 103.--We must understand by + +(_a_) Maintenance of order: the execution of the laws, the carrying out +of sentences after receiving orders, and the consideration of measures +of general and local interest; also the supervision over the natives, +and the repression of vagrancy and vagabondage in the field-cornetcies. + +(_b_) Commandos on occasion of rebellion among the natives: bringing +Kaffir chiefs to their duty. + +(_c_) Commandos for the suppression of disorders among the white +population: dispatching sufficient force to the district where disorder +has broken out; and by + +(_d_) Defence of the country and carrying on war: carrying out martial +law and taking the field at the head of the army. + +ARTICLE 104.--All subordinates receive orders from the officers +and officials placed above them. + +ARTICLE 105.--All the officers except the Commandant-General +shall be, before taking up their office, sworn by the President in +accordance with Article 77. The Commandant-General shall be sworn by +the Volksraad, according to Articles 90 and 106. + +ARTICLE 106.--This oath shall be of the following contents: + +"I promise and swear solemnly allegiance to the people of this Republic; +that I shall act in my office according to the law, right, and justice, +according to the best of my knowledge and conscience, without respect of +person; that I have made or promised to no one gift or favour to reach +this office; that I shall receive from no one any gift or favour if I +can suspect that this should be done or shown to persuade me in the +duties of my office in favour of the giver or favourer; that I shall +obey the commands of those placed over me according to the law, and +consider only the prosperity, welfare, and independence of the country +and people of this Republic." + +ARTICLE 107.--The Field-Cornets shall, lawful prevention being +excepted, give a report every three months to the Landrost of events +among their subordinates in the wards in the past months, and as often +besides that time as a report is required of them. With regard to +military matters, the Field-Cornet is also obliged to report to the +Commandant placed over him, besides the Landrost. If he does not comply +therewith, or in case of negligence, he shall be fined in Rds. 10. + +ARTICLE 108.--The Commandants send the three-monthly reports of +the Field-Cornets, with the addition of their own report, besides their +remarks, to the Commandant-General. The latter acts in the same way with +the reports of the Commandants in sending his report to the President, +and without delay these reports must be sent to the President. + +ARTICLE 109.--The Field-Cornets shall keep a list of those in +their wards who are liable to duty, and must draw up that list in such a +way that it appears therefrom who must be summoned for the maintenance +of order, so that the duties of the men may be proportionately divided +amongst them. + +ARTICLE 110.--The Commandant-General sits in the Executive +Council as member of the same. + +ARTICLE 111.--In the field the Commandant-General has the +supervision of the war ammunition of the State. + +ARTICLE 112.--The Commandants and Field-Cornets comply with the +commands of the Landrosts, so far as they, according to the regulation +of the laws about the judicial administrative power, come into relation +with the same. + +ARTICLE 113.--Notice of the contravention mentioned in Article +107 is given by the officers to the Landrosts of their districts, who +will have to see that the fines are called in. + +ARTICLE 114.--A month after the expiration of a commando the +President shall, by means of the Landrost, take care that the assigned +share of the booty comes to the seriously wounded, the widows and +orphans of the dead. + + +OF THE JUDICIAL POWER AND MAINTENANCE OF JUSTICE. + +ARTICLE 115.--The people entrust the administration of justice +to: + +(_a_) A High Court. + +(_b_) A Circuit Court. + +(_c_) The Landrosts, in their capacity as such, and such other officials +as are clothed with judicial competence by the law. + +The Courts give judgment as soon as possible after the close of the +case. + +The Chief Justice and puisne judges must be duly graduated in law (_in +de rechten gepromoveerd_). + +The public ministry of public prosecution rests with the State Attorney, +and under his supervision with the public prosecutors of the various +districts. + +The members of the two first Courts are appointed for their lives. + +The law regulates the manner in which the discharge shall be granted +them, either honourably or the reverse, in case of misconduct or +incapacity. + +ARTICLE 116.--The Landrosts are appointed by the Executive +Council on every occasion on the occurrence of a vacancy. Two persons +possessing the qualifications for officials according to the Grondwet +are proposed to the enfranchised burghers of the district concerned, so +as at the very latest within the period of two months to decide between +the two such candidates by free voting, and to give written notice of +the result of such voting to the Executive Council. The Landrosts must +have been a year enfranchised burghers and be members of a Protestant +Church, have had no criminal sentence to their discredit, and have +reached the age of thirty years. + +ARTICLE 117.--The Landrost of the place where the seat of +Government is shall be appointed on recommendation of the Executive +Council by the Volksraad. To be capable of receiving the appointment, it +shall not be required to have been for any time a burgher of the State. + +ARTICLE 118.--The Landrosts must at the same time duly provide +security before accepting their office. + +ARTICLE 119.--The jury shall be enfranchised burghers who have +had no criminal sentence passed upon them to their discredit, and have +reached the age of thirty years. + +ARTICLE 120.--The summons of the jury must be served in such +time that they have, besides the time for the journey, three free days +at their disposal. + +ARTICLE 121.--The persons chosen as Landrosts shall, if they +intend to make objections to the choice which has fallen upon them, send +in their objections to the President within the first thirty days after +the choice has fallen upon them. + +ARTICLE 122.--If within that time they send in no objection, +they are considered to accept that office. + +ARTICLE 123.--The juryman who does not comply with the summons, +mentioned in Article 120, is fined in Rds. 100, unless he can allege +matter of excuse as mentioned in Article 35. + +ARTICLE 124.--The Landrosts, before taking their office, take +the following oath before the President and members of the Executive +Council:-- + +"I promise and swear solemnly allegiance to the people and laws of this +Republic, and that I shall act in my post and office justly and +equitably, without respect of persons, in accordance with the laws and +according to the best of my knowledge and conscience; that I will accept +present or favour from no man, if I can suppose that this has been made +or done with a view to persuade me in favour of the giver or favourer in +my judgment or action. Outside of my office as judge that I shall obey +according to the law the commands of those placed over me, and in +general only consider the maintenance of the law, justice and order, to +the furtherance of the prosperity, the welfare and the independence of +the land and people." + +ARTICLE 125.--The members of the jury shall take the following +oath before they hold session:-- + +"I promise and swear solemnly to act in my office as juryman, justly, +equitably, without respect of persons, according to the best of my +knowledge and conscience, and to give judgment upon the cases and +accusations laid before me for judgment according to law; that I have +accepted present or favour from no man from whom I can suspect that this +has been given or done in order to persuade me in favour of the giver or +favourer in my sentence, and forthwith to consider only the maintenance +of law, right and order, to the furtherance of the prosperity and +welfare of this Republic." + +ARTICLE 126.--The Field-Cornets as much as possible settle the +differences between the inhabitants of their districts, and prevent the +bringing of processes. For this end every one is entitled to summon for +this purpose the person with whom he is at variance at a time to be +fixed by the Field-Cornet. The Field-Cornet's costs shall be paid by the +parties according to a tariff. + +ARTICLE 127.--All sentences in civil as well as in criminal +cases are delivered in public, and executed in the name of the people of +the South African Republic. Punishments which can be inflicted on white +criminals in this Republic are:-- + +1. Imprisonment; + +2. Hard Labour, with or without irons, according to the nature of the +case; + +3. Transportation or Exile; and + +4. Death. + +No white man can be condemned to lashes on the body, if not expressly so +fixed by law. + +ARTICLE 128.--The plaintiffs in appeal shall pay, in case their +appeal be found groundless or be refused, for an appeal from the +sentence of the Landrost's Court 5 Rds. If it appear afterwards that +this appeal is good, then that money is returned. + +ARTICLE 129.--The copies of the documents filed by parties +shall be made up by the clerks, and each page thereof shall have 25 +lines, and each line, taking one with another, contain twelve syllables; +the clerks shall charge two shillings and four pence for every page. + +ARTICLE 130.--In case any one is not able to carry on a case, +and nevertheless thinks he has good grounds for so doing, he shall serve +a written petition to that end upon the Landrost of the Court, before +which he must bring his case. That Court shall grant him the right of +carrying on his case, and exempt him from the payment of law costs, +provided: + +(_a_) He has produced a written proof from his Field-Cornet and two of +his neighbors that he is not able to carry it on; + +(_b_) That the Court, after a preliminary examination of his demand, and +after having heard the opposite party thereupon, has found that his +demand may be well founded. + +ARTICLE 131.--The sittings of the Courts of law shall be held: +Those of the Landrosts every day from 10 a.m. to 3 p.m. + +The Higher Courts according to proclamation and rules making provision +therefor. + +ARTICLE 132.--The clerk who without sufficient reason leaves +his place unfilled, can be suspended by the Landrost, with notice to the +President, from his office for a definite time, and another can be +appointed in his place after the latter has taken the oath according to +law. + +ARTICLE 133.--The Courts of law shall, in fixing punishments, +bear in mind, that as the same punishment can be lighter or heavier for +one man than another, it is the intention of the legislators, to punish +each one equally severely for a similar transgression of the law; and +that punishments may be fixed in accordance therewith. + +ARTICLE 134.--The Courts of law shall try as far as possible to +hasten the hearing of cases, and give judgment thereupon as soon as +possible. + +ARTICLE 135.--The clerk or the Landrost shall keep a register +of all cases which are brought by parties before the Court, and enter +this register up daily. + + +OF THE ADMINISTRATIVE POWER, OR THE CIVIL SERVANTS. + +ARTICLE 136.--The administrative power of the home government +derives its power from the Executive Council, and is under the commands +of the President and the members of the Executive Council. + +ARTICLE 137.--It (_i.e._ the administrative power) is in the +hands of such officials as are fixed by law. + +ARTICLE 138.--The territory of the State is for these purposes +of government divided into districts, to which belong divisions and +towns or villages. Changes in the division of districts or wards take +place according to Article 96. + +ARTICLE 139.--Each district is governed by a Landrost, +assisted by such officials as shall be joined to him by the law. The +Commandants and Field-Cornets of the division are, as far as those +purposes of government are concerned, under the orders of the aforesaid +civil servants. + +ARTICLE 140.--District Council and town or village boards can +be established where the population so desires. At the head of each +district is a Landrost, who is _ex-officio_ chairman of the District +Council, to be chosen by the burghers of the district, consisting of as +many members as there are field-cornetcies. + +ARTICLE 141.--To the District Councils is entrusted the care of +the public roads and other public works in the district, besides all +other matters conferred on them by law. + +ARTICLE 142.--With the exception of the salaries fixed by law, +all costs of the district board are borne by the district itself. Yearly +an estimate for that purpose composed of expenses and income is fixed by +the District Council, and sent up to the Executive Council for +ratification. Each year similarly account is rendered for the past civil +year, which is closed by the District Council, and sent up to the +Executive Council for final ratification. + +The District Council shall receive the ratification of the Volksraad +beforehand before the raising of any tax. + +ARTICLE 143.--At the head of each town or village government +recognized as such by the law stand a burgomaster and a council of six +or eight members, according to the population. + +All costs for the defraying of this local administration are borne by +each place. Before the raising of any tax by a town or village board the +ratification of the law is requisite. + +For the local estimate and accounts the same rules hold good as fixed in +the preceding articles for those of a district. + +ARTICLE 144.--All publications are published in the _Staats +Courant_ and made public by the Field-Cornets in their divisions by +calling the inhabitants of those divisions together. + +ARTICLE 145.--All officials are obliged to answer as soon as +possible the official letters received by them, and to deal with their +contents. + +ARTICLE 146.--The Field-Cornet shall keep an exact register of +all new inhabitants who come in their division; of all changes or +removals of the inhabitants elsewhere; of all deaths taking place among +them; and of all male persons who have reached the age of sixteen years. + +ARTICLE 147.--All small traders who enter this territory shall +not trade until they are provided with a license, which has been +obtained at one of the Landrost's offices, and signed by the Landrost. + +ARTICLE 148.--It shall not be permitted that newly-arrived +persons should settle in any uninhabited districts in this Republic +without the knowledge and permission of the Government of this State. + +ARTICLE 149.--Where such is not entrusted to a town or village +council, the Landrosts are charged with the duty of overseeing a town or +village, together with all subordinate functions, so that everything may +take place in regular order. + + +OF THE FINANCES OF THE STATE. + +ARTICLE 150.--The income of the State and taxes of the +inhabitants are regulated by the law. + +ARTICLE 151.--All farms and grounds of the inhabitants are +guaranteed by the Government as fixed property, with the right reserved +to the Government to lay down a public road for the use of the +inhabitants over such farms when it is demanded. + +ARTICLE 152.--All who, living outside of the Republic, possess +uninhabited ground or farms in this Republic shall pay for each farm as +long as it is uninhabited a double tax yearly. + +ARTICLE 153.--The tax for each "erf" in the towns shall be +regulated by the law; and no money for water rights shall be exacted +from the public. + +ARTICLE 154.--All surveyed or inspected farms must on sale be +conveyed within the period of six months, and the proprietary due +(_heerenrecht_) be paid within the period of six months; in case of +neglect to comply with above, after the promulgation of this law, the +proprietary due shall be double. The ground is conveyed from the first +owner. + +ARTICLE 155.--The taxes to be paid by the people, where no +other officials are appointed by law, are paid at the office of the +Landrosts of the districts. + +ARTICLE 156.--All uninspected farms which are under application +must be inspected as soon as possible. + +ARTICLE 157.--Every one who owns property and chooses to do so, +shall, besides the inspectors, be able to make use of a surveyor, for +the surveying and charting of his ground. + +ARTICLE 158.--No civil servant shall have the right to defend +cases before the courts of law except for himself. + +ARTICLE 159.--All earlier laws and resolutions in conflict with +the contents of these laws are altogether suspended. + +S.J.P. KRUGER, +_President._ +C. VAN BOESCHOTEN, +_Acting Secretary of State._ + +GOVERNMENT OFFICES, +PRETORIA, 19th November, 1889. + + * * * * * + + +LAW No. 4, 1891. + + +FOR THE ESTABLISHMENT OF A REPRESENTATION OF THE PEOPLE CONSISTING OF +TWO VOLKSRAADS. + +ARTICLE 1.--The legislative power shall rest with a +representation of the people, which shall consist of a First Volksraad +and a Second Volksraad. + +ARTICLE 2.--The First Volksraad shall be the highest authority +in the State, just as the Volksraad was before this law came into +operation. + +The First Volksraad shall be the body named the Volksraad until this law +came into operation. From the period of this law coming into operation, +the name of that body shall be altered from the Volksraad to the First +Volksraad. The persons forming that body as members shall, however, +remain the same, only they shall from the said period be named members +of the First Volksraad instead of members of the Volksraad. + +All laws and resolutions having reference to the Volksraad and the +members thereof shall remain in force and apply to the First Volksraad +and the members thereof, except in so far as a change is or shall be +made by this and later laws. + +ARTICLE 3.--The First and the Second Volksraad meet at least +once a year. + +This ordinary meeting is opened in a united session on the first Monday +in the month of May, under the Presidency of the Chairman of the First +Volksraad. Extraordinary meetings can be summoned by the President as +often as he judges it necessary in the interest of the country. + +ARTICLE 4.--The number of the members of the Second Volksraad +shall be the same as of the First Volksraad. This number shall be fixed +later by the First Volksraad for both Volksraads. + +ARTICLE 5.--Each member of either of the two Volksraads takes +the following oath on accepting his office of dignity before the +Chairman:-- + +"As elected as member of the First (or Second) Volksraad of the +representation of the people of this Republic, I declare, promise, and +swear solemnly that I have neither made nor promised present to anyone +to reach this honour, that I shall be faithful in this office of dignity +to the people and its independence, that I shall behave according to the +Constitution and other laws of this Republic, according to the best of +my knowledge and conscience, and that I shall always aim at the +furtherance of the happiness and prosperity of the inhabitants in +general." + +ARTICLE 6.--The manner of election of the members of the Second +Volksraad shall be the same as that of the members of the First +Volksraad. + +ARTICLE 7.--The members of the Second Volksraad shall enjoy the +same allowance as the members of the First Volksraad, and have the same +obligations with regard to informing their electors of their laws and +resolutions. + +ARTICLE 8.--The members of the Second Volksraad are chosen for +the period of four years. + +In the first ordinary session of the Second Volksraad it shall be +decided by lot which members shall belong to that half which must resign +already after the lapse of the first two years. + +ARTICLE 9.--The members of the First Volksraad are chosen by +those enfranchised burghers who have obtained the burgher right, either +before this law came into operation, or thereafter by birth, and have +reached the age of sixteen years. + +The franchise for the First Volksraad can besides also be obtained by +those who have during ten years been eligible for the Second Volksraad, +by resolution of the First Volksraad, and according to rules to be fixed +later by law. + +ARTICLE 10.--The members of the Second Volksraad are chosen by +all enfranchised burghers who have reached the age of sixteen years. + +ARTICLE 11.--No one is allowed to offer himself for election +for both Volksraads, or in more districts or election divisions than one +at the same time. + +ARTICLE 12.--The members of the Volksraad may not stand to one +another in the relation of father and son or stepson. + +ARTICLE 13.--No military officer or official who enjoys a +fixed yearly or monthly salary, as such, may offer himself for election +as member of either Volksraad. + +ARTICLE 14.--No coloured person or bastard, nor persons of +public bad conduct, or those who have had a discreditable criminal +sentence passed on them, nor any non-rehabilitated bankrupts or +insolvents whatsoever shall be eligible as members of either Volksraad. + +ARTICLE 15.--To be able to take a seat as member of the First +Volksraad, he who has been lawfully chosen must be thirty years old, and +member of a Protestant church, live in the Republic, have obtained fixed +property there and the burgher right, either before this law came into +operation, or thereafter by birth, or have obtained the franchise for +the First Volksraad according to Sub-section 2 of Article 9. + +ARTICLE 16.--To be able to take a seat as member of the Second +Volksraad, he who has been lawfully chosen must be thirty years old, +have been enfranchised burgher during the two immediately preceding +years, be a member of a Protestant church, live in the Republic, and +have fixed property there. + +ARTICLE 17.--Each Volksraad chooses its own chairman from among +its own members. + +ARTICLE 18.--Each Volksraad appoints, from outside its members, +its own secretary on proposal of the Executive Council. + +ARTICLE 19.--Each Volksraad shall have to judge if elections +and the qualifications of its own members are according to law. + +ARTICLE 20.--Each Volksraad shall establish its own arrangement +of order, shall regulate the process of its transactions, and the power +of the Chairman shall be defined by itself. + +ARTICLE 21.--The President and the members of the Executive +Council shall sit in both Volksraads, with right to take part in the +discussions, but without a vote. + +ARTICLE 22.--The quorum of both the First and the Second +Volksraad shall consist of twelve members. If there is no quorum present +in the Second Volksraad, its secretary shall at once give notice of the +same to the First Volksraad. + +ARTICLE 23.--The sessions of both Volksraads shall be held in +public, unless the majority in special cases resolve to revoke the +publicity. + +ARTICLE 24.--Each Volksraad shall keep minutes of its +transactions. It shall have these published regularly in the _Staats +Courant_, except the notes of the secret sittings, which shall only be +partly published with the consent of the First Volksraad. + +ARTICLE 25.--Each Volksraad has the right to punish its own +members for disorderly conduct. Each Volksraad has, in addition, the +right to suspend a member with two-thirds of the votes given. + +ARTICLE 26.--A period of three months shall be left to the +people to enable those who so wish to express their judgment of a +proposed law to the Volksraads, except those laws which can suffer no +delay. + +ARTICLE 27.--The Second Volksraad shall have the power to pass +further regulations on the following subjects as is necessary, either by +law or resolution:-- + +(1) The department of mines. + +(2) The making and support of wagon and post roads. + +(3) The postal department. + +(4) The department of telegraphs and telephones. + +(5) The protection of inventions, samples and trademarks. + +(6) The protection of the right of the author. + +(7) The exploitation and support of the woods and salt-pans. + +(8) The prevention and coping with contagious diseases. + +(9) The condition, the rights, and obligations of companies. + +(10) Insolvency. + +(11) Civil procedure. + +(12) Criminal procedure. + +(13) Such other subjects as the First Volksraad shall decide later by +law or resolution, or the First Volksraad shall specially refer to the +Second Volksraad. + +ARTICLE 28.--All laws or resolutions accepted by the Second +Volksraad are as soon as possible, that is to say at the outside within +forty-eight hours, communicated both to the First Volksraad and to the +President. + +ARTICLE 29.--The President has the right, when he has received +notice from the Second Volksraad of the adoption of a law or a +resolution, to bring that law or resolution before the First Volksraad +for consideration within fourteen days after the receipt of such notice. +The President is in any case bound, after the receipt of such a notice, +to communicate it to the First Volksraad within the said time. + +ARTICLE 30.--If the President has not brought the law or +resolution as communicated before the First Volksraad for consideration, +and the First Volksraad has not on its own part thought it necessary to +take said law or resolution into consideration, the President shall, +unless with the advice and consent of the Executive Council he thinks it +undesirable in the interests of the State, be bound to have that law or +resolution published in the first succeeding Volksraad, unless within +the said fourteen days the First Volksraad may be adjourned, in which +case the publication in the _Staats Courant_ shall take place after the +lapse of eight days from the commencement of the first succeeding +session of the First Volksraad. + +ARTICLE 31.--The law or resolution adopted by the Second +Volksraad shall have no force, unless published by the President in the +_Staats Courant_. + +ARTICLE 32.--The legal effect of a law or resolution published +by the President in the _Staats Courant_ may not be questioned, saving +the right of the people to make memorials about it. + +ARTICLE 33.--This law comes into operation two months after +publication in the _Staats Courant_. + +S.J.P. KRUGER, +_President._ +DR. W.J. LEYDS, +_Secretary of State._ + +GOVERNMENT OFFICES, +PRETORIA, 23rd June, 1890. + + + + +CHAPTER III. + +FULL TEXT OF THE FRANCHISE LAW. PUBLISHED JULY 26, 1899. LAW NO. 3. + + +WHEREAS, It has appeared desirable to amend and amplify certain +provisions of the laws with reference to naturalization and the +obtaining of the full franchise; and + +WHEREAS, These amendments will not permit of delay by being +published three months beforehand in terms of Article 12 of the +Grondwet, and as they have already been accepted by the people in +principle; it is hereby enacted that: + +ARTICLE 1.--Each white male stranger, who has reached the age +of sixteen years, and who settles or has settled in the South African +Republic with the intention of residing there, shall in future be able +to obtain letters of naturalization, provided that he fulfills the +following provisions and enactments-- + +(_a_) The applicant shall produce a certificate from the Field-Cornet +and the Landrost of his ward and district, countersigned by the +Commandant of the district, to show that he was, during the +time--required in his case--preceding the naturalization, continually +registered on the Field-Cornet's list; was during this time domiciled in +the South African Republic; and during this time obeyed the laws of the +land and committed no crime against the independence of the South +African Republic. + +If the Field-Cornet and Landrost are not from their personal knowledge +able to grant such certificate, they shall do so on the strength of +affidavits of the applicant and two well known, fully enfranchised +burghers of the ward and district, declaring that the applicant has, +during the necessary period, been domiciled in the South African +Republic, and has during that time obeyed the laws of the land, and has +committed no crime against the independence of the South African +Republic. + +If the Field-Cornet and Landrost and Commandant refuse to grant such +certificate or to sign it, the applicant may appeal to the Executive +Council. + +If the Field-Cornet's books are destroyed or lost the applicant shall +prove to the satisfaction of the State Secretary and State Attorney, by +means of affidavits, that he was registered. + +(_b_) The applicant shall produce a sworn declaration made by himself to +the effect that he has had no dishonouring sentence passed on him, and +shall produce further proof of good behavior. + +By dishonouring sentence shall be understood a sentence for the crimes +of high treason, murder, rape, theft, fraud, perjury, or forgery. + +(_c_) The applicant shall produce proof that he possesses unmortgaged +fixed property to the value of £150, or pays rent to the amount of £50 +per annum, or draws a fixed salary or wage of £100 per annum, or makes +an independent living by farming or cattle-breeding. + +(_d_) The person desiring to be naturalized shall, before the official +granting of the letters of naturalization, take the following oath, by +which he will be understood to renounce and give up all burgher rights +enjoyed in and burgher duties and subjection to any State or ruler: + +"I swear (or I solemnly declare that the taking of an oath is not +permitted by my religion, and promise), faithfully in all righteousness, +and in terms of Law No. ____, of 1899, with which I declare to be +acquainted, that I shall be loyal to this State, shall honour and +support its independence, shall subject myself to the Grondwet and the +lawful authorities of the land, and shall in all respects conduct myself +as it behooves a loyal burgher of this State. So truly help me God--or +that I solemnly promise." + +Before a person who has already been naturalized is admitted to the full +franchise, he shall, when he makes application therefor, besides +fulfilling the other requirements of this Law, again produce proof of +fulfilment of the provisions and enactments of Sections _a_, _b_ and +_c_. + +No person shall be entitled to or be allowed to obtain letters of +naturalization or full franchise unless he has fulfilled the +aforementioned provisions, with the exception of cases for which this or +any other Law makes special provision. + +ARTICLE 2.--Each person who comes or has come to the South +African Republic to stay shall, after at least two years, and after +fulfillment of the provisions of Article 1, be able to obtain letters of +naturalization, and shall, at least five years after naturalization, be +able to obtain the full franchise, provided that in both instances, six +months before the expiration of the fixed period, he gives written +notice of his intention to apply therefor to the State Secretary through +the Field-Cornet and Landrost of his ward and district. + +The Field-Cornet shall be bound, under pain of a fine of not more than +£10 in each case of neglect, to send this notice to the State Secretary +through the Landrost as soon as possible, and at the most within thirty +days of the sending in thereof, for publication in the _Staats Courant_ +for general information, and the State Secretary shall without loss of +time publish such notice three consecutive times in the _Staats +Courant_. + +ARTICLE 3.--Each person who comes or has come into the South +African Republic to stay shall, at least seven years after sending in to +the Field-Cornet a notice of his intention to be naturalized, in +accordance with the form contained in Schedule A, be able to obtain +letters of naturalization with the full franchise on fulfilling the +provisions of Article 1. + +Such notice shall be sent by the Field-Cornet to the State Secretary and +be published by him, all under the same provision and punishment as set +forth in the foregoing article. + +If the person desires to obtain letters of naturalization with full +franchise after seven years, he shall also, at least six months before +the expiration of the period, give written notice to the State +Secretary, the Field-Cornet and Landrost of his ward and district. + +This notice shall also be sent to the State Secretary by the +Field-Cornet, and the latter shall publish it in the _Staats Courant_, +all under the same provision and punishment as set forth in Article 2. + +The applicant shall then, on application for the letters of +naturalization with full franchise, further give proof that he has sent +in the notice, in accordance with the form of Schedule A, mentioned in +the first paragraph of this article, for proof of which it will be +sufficient to produce a copy of the _Staats Courant_ in which the notice +was published. + +ARTICLE 4.--Each person who has come to the South African +Republic to stay before the coming into force of this Law shall, on +fulfilment of the provisions of Article 1, be able to obtain letters of +naturalization at least seven years after his coming into the country. + +In case the applicant is not entitled to the full franchise six months +after the coming into force of this Law, he shall give proof that he, +within six months after the coming into force of the Law sent to the +Field-Cornet of his ward a written notice of his intention to become +naturalized. + +If he neglect to send in this notice, in accordance with the form +contained in Schedule A, or if he does not produce the certificate +mentioned in Article 1, Section _a_, the applicant shall not be entitled +to the full franchise in terms of this Article, but only in terms of +Articles 2 and 3. + +Such notice shall be sent by the Field-Cornet to the State Secretary, +and the latter shall publish the same in the _Staats Courant_, all under +the same provisions and punishment as set forth in Article 2. + +If he is naturalized after this Law comes into force, he may obtain the +full franchise after five years from the date of his naturalization, +and, if he chooses, in accordance with the provisions of paragraph 1 of +this Article. + +ARTICLE 5.--Nothing provided in this Law shall prevent the +Executive Council from granting letters of naturalization with or +without the full franchise to persons who take a position in the service +of the country, or have rendered services to the country, or who have in +any other respect rendered themselves of service to the country, +although in their case they have not fulfilled the provisions of the Law +provided that they take the oath in accordance with Article 1. + +ARTICLE 6.--Youths not born in the State, and whose fathers +have obtained letters of naturalization or full franchise before they +(the youth) had reached the age of sixteen years, have the same +franchise as their father. + +Youths born in this State, whose fathers were neither naturalized nor +had the full franchise, may be naturalized at their sixteenth year by +taking the oath mentioned in Article 1, and may, five years after that, +obtain the full franchise by fulfilling the provisions mentioned in +Article 1, Sections _a_ and _b_. They shall also, on their sixteenth +year, by giving notice as contained in Schedule A, be able to obtain the +full franchise five years thereafter, on fulfillment of the provisions +contained in Article 1, Sections _a_, _b_ and _d_. + +ARTICLE 7.--The application for naturalization and the full +franchise must be sent with the necessary proofs to the State Secretary +by the Field-Cornet, through the Landrost, and the latter shall refer +these to the State Attorney, who shall send them back to the State +Secretary with his advice. If the State Secretary and State Attorney +have no legal objection to the granting of the letter of naturalization +or full franchise, then this shall be granted. If there is any +objection, the Executive Council shall decide. + +The letters of naturalization and full franchise shall be signed by the +State Secretary and State Attorney. The State Secretary shall cause the +letters of naturalization and full franchise to be granted by an +official appointed for that purpose, and cause the necessary oath of +naturalization to be taken before this official. + +The letters of naturalization shall bear a stamp of £2 sterling; the +granting of the full franchise to persons who are already naturalized +shall be free of cost. + +ARTICLE 8.--No person who is not considered as a white +inhabitant of the South African Republic shall obtain the franchise, in +accordance with Article 9 of the Grondwet. + +ARTICLE 9.--All laws and provisions, in so far as they are in +conflict with this Law, are hereby repealed. + +ARTICLE 10.--This Law comes into force immediately after +publication in the _Staats Courant_. + +S.J.P. KRUGER, +_State President._ +F.W. REITZ, +_State Secretary._ + +GOVERNMENT BUILDINGS, +PRETORIA, July 26, 1899. + + * * * * * + + +SCHEDULE A. + +I ___________________ at present resident at ______________ in the South +African Republic, formerly residing at ________________ in ___________ +whose occupation is __________ desiring to reside for good in the South +African Republic, hereby give notice that I, _______ years from date, +will make application for letters of naturalization with the full +franchise, and declare that I am acquainted with the duties imposed on +me by Law No. ____, 1899, to obey the laws and commit no crime against +the independence of the South African Republic. + + * * * * * + + +PROPOSED MODIFICATIONS. + +PROPOSAL OF GREAT BRITAIN FOR A JOINT INQUIRY. + +_British Agent to South African Republic, August 2, 1899._ + +Her Majesty's Government authorize me to invite President of South +African Republic to appoint delegates to discuss with delegates to be +appointed by me on behalf of Her Majesty's Government, whether Uitlander +population will be given immediate and substantial representation by +franchise law recently passed by Volksraad, together with other measures +connected with it, such as increase of seats, and, if not, what +additions or alterations may be necessary to secure that result. In this +discussion it should be understood that the delegates of Her Majesty's +Government would be free to make any suggestions calculated to improve +measures in question and secure their attaining the end desired. +Personally I wish to add the expression of my earnest hope that +Government of South African Republic may accept this proposal, and that +we may proceed to discuss the composition of the proposed Commission, +method of procedure, and place of meeting, at once. Government of South +African Republic will, I feel sure, agree with me that, if proposal of +Her Majesty's Government is accepted, the inquiry should be held as soon +as possible. + + +ALTERNATIVE PROPOSAL OF THE SOUTH AFRICAN REPUBLIC. + +_F.W. Reitz to British Agent._ + +_19th August._ + +_Sir_, With reference to your proposal for a joint enquiry in your +dispatches of the 2nd and 3rd August, Government of South African +Republic have the honour to suggest the following alternative proposal +for consideration of Her Majesty's Government, which this Government +trusts may lead to a final settlement: (1) The Government are willing to +recommend to the Volksraad and the people a 5 years' retrospective +franchise, as proposed by His Excellency the High Commissioner on the +1st June, 1899. (2) The Government are further willing to recommend to +the Volksraad that 8 new seats in the First Volksraad, and, if +necessary, also in the Second Volksraad, be given to the population of +the Witwatersrand, thus with the 2 sitting members for the Goldfields, +giving to the population thereof 10 representatives in a Raad of 36, and +in future the representation of the Goldfields of this Republic shall +not fall below the proportion of one-fourth of the total. (3) The new +burghers shall equally with the old burghers be entitled to vote at the +election for State President and Commandant-General. (4) This Government +will always be prepared to take into consideration such friendly +suggestions regarding the details of the Franchise Law as Her Majesty's +Government, through the British Agent, may wish to convey to it. (5) In +putting forward the above proposals Government of South African Republic +assumes: (_a_) That Her Majesty's Government will agree that the present +intervention shall not form a precedent for future similar action and +that in the future no interference in the internal affairs of the +Republic will take place. (_b_) That Her Majesty's Government will not +further insist on the assertion of the suzerainty, the controversy on +the subject being allowed tacitly to drop. (_c_) That arbitration (from +which foreign element other than Orange Free State is to be excluded) +will be conceded as soon as the franchise scheme has become law. (6) +Immediately on Her Majesty's Government accepting this proposal for a +settlement, the Government will ask the Volksraad to adjourn for the +purpose of consulting the people about it, and the whole scheme might +become law say within a few weeks. (7) In the meantime the form and +scope of the proposed Tribunal are also to be discussed and +provisionally agreed upon, while the franchise scheme is being referred +to the people, so that no time may be lost in putting an end to the +present state of affairs. The Government trust that Her Majesty's +Government will clearly understand that in the opinion of this +Government the existing franchise law of this Republic is both fair and +liberal to the new population, and that the consideration that induces +them to go further, as they do in the above proposals, is their strong +desire to get the controversies between the two Governments settled, and +further to put an end to present strained relations between the two +Governments and the incalculable harm and loss it has already occasioned +in South Africa, and to prevent a racial war from the effects of which +South Africa may not recover for many generations, perhaps never at all, +and therefore this Government, having regard to all these circumstances +would highly appreciate it if Her Majesty's Government, seeing the +necessity of preventing the present crisis from developing still further +and the urgency of an early termination of the present state of affairs, +would expedite the acceptance or refusal of the settlement here offered. + + +_21st August._ + +_Sir_, In continuation of my dispatch of the 19th instant, and with +reference to the communication to you of the State Attorney this +morning, I wish to forward to you the following in explanation thereof, +with the request that the same may be telegraphed to His Excellency the +High Commissioner for South Africa, as forming part of the proposals of +this Government embodied in the above-named dispatch: (1) The proposals +of this Government regarding question of franchise and representation +contained in that dispatch must be regarded as expressly conditional on +Her Majesty's Government consenting to the points set forth in paragraph +5 of the dispatch, viz.: (_a_) In future not to interfere in internal +affairs of the South African Republic. (_b_) Not to insist further on +its assertion of existence of suzerainty. (_c_) To agree to arbitration. +(2) Referring to paragraph 6 of the dispatch, this Government trusts +that it is clear to Her Majesty's Government that this Government has +not consulted the Volksraad as to this question and will only do so when +an affirmative reply to its proposals has been received from Her +Majesty's Government. + + +NOTE. + +In reply to the above proposals of the South African Republic, the +Secretary of State for the Colonies declared Great Britain "unable to +appreciate the objections entertained by the Government of the South +African Republic to a Joint Commission of Inquiry," and refused to enter +into a consideration of the alternative proposals of the South African +Republic. + +As a consequence of this refusal, the South African Republic +communicated to Great Britain that the "proposal for a five years' +franchise and extension of representation of the Witwatersrand with the +conditions attached thereto" had lapsed, whereby also lapsed the +necessity of laying it before the representatives of the people for +ratification. + +During the month of September following, the negotiations failed to +produce any agreement, and matters remained in this unsatisfactory state +until, on October 9, 1899, the ultimatum of President Kruger brought +affairs to an actual crisis. + + + + +CHAPTER IV. + +ULTIMATUM OF SOUTH AFRICAN REPUBLIC, OCTOBER 9, 1899. + + +The Government of the South African Republic feels itself compelled to +refer the Government of Her Majesty the Queen of Great Britain and +Ireland once more to the Convention of London, 1884, concluded between +this Republic and the United Kingdom and which in its XIVth Article +secures certain specified rights to the white population of this +Republic, namely, that "All persons, other than natives, conforming +themselves to the laws of the South African Republic (_a_) will have +full liberty, with their families, to enter, travel, or reside in any +part of the South African Republic; (_b_) they will be entitled to hire +or possess houses, manufactories, warehouses, shops, and premises; (_c_) +they may carry on their commerce either in person or by any agents whom +they may think fit to employ; (_d_) they will not be subject, in respect +of their persons or property, or in respect of their commerce or +industry, to any taxes, whether general or local, other than those which +are or may be imposed upon citizens of the said Republic." This +Government wishes further to observe that the above are only rights +which Her Majesty's Government have reserved in the above Convention +with regard to the Uitlander population of this Republic and that the +violation only of those rights could give that Government a right to +diplomatic representations or intervention while, moreover, the +regulation of all other questions affecting the position or the rights +of the Uitlander population under the above-mentioned Convention is +handed over to the Government and the representatives of the people of +the South African Republic. Amongst the questions the regulation of +which falls exclusively within the competence of the Government and of +the Volksraad, are included those of the franchise and representation +of the people in this Republic, and although thus the exclusive right of +this Government and of the Volksraad for the regulation of that +franchise and representation is indisputable, yet this Government has +found occasion to discuss in a friendly fashion the franchise and the +representation of the people with Her Majesty's Government, without, +however, recognizing any rights thereto on the part of Her Majesty's +Government. This Government has also, by the formulation of the now +existing Franchise Law and the Resolution with regard to representation, +constantly held these friendly discussions before its eyes. On the part +of Her Majesty's Government, however, the friendly nature of these +discussions has assumed a more and more threatening tone, and the minds +of the people in this Republic and in the whole of South Africa have +been excited and a condition of extreme tension has been created, while +Her Majesty's Government could no longer agree to the legislation +respecting franchise and the Resolution respecting representation in +this Republic, and finally, by your note of 25th September, 1899, broke +off all friendly correspondence on the subject, and intimated that they +must now proceed to formulate their own proposals for a final +settlement, and this Government can only see in the above intimation +from Her Majesty's Government a new violation of the Convention of +London, 1884, which does not reserve to Her Majesty's Government the +right to a unilateral settlement of a question which is exclusively a +domestic one for this Government and has already been regulated by it. + +On account of the strained situation and the consequent serious loss in +and interruption of trade in general which the correspondence respecting +the franchise and representation in this Republic carried in its train, +Her Majesty's Government have recently pressed for an early settlement +and finally pressed, by your intervention, for an answer within +forty-eight hours (subsequently somewhat modified) to your note of the +12th September, replied to by the note of this Government of the 15th +September, and your note of the 25th September, 1899, and thereafter +further friendly negotiations broke off and this Government received the +intimation that the proposal for a final settlement would shortly be +made, but although this promise was once more repeated no proposal has +up to now reached this Government. Even while friendly correspondence +was still going on an increase of troops on a large scale was introduced +by Her Majesty's Government, and stationed in the neighborhood of the +borders of this Republic. Having regard to occurrences in the history of +this Republic which it is unnecessary here to call to mind, this +Government felt obliged to regard this military force in the +neighborhood of its borders as a threat against the independence of the +South African Republic, since it was aware of no circumstances which +could justify the presence of such military force in South Africa and in +the neighborhood of its borders. In answer to an inquiry with respect +thereto, addressed to His Excellency the High Commissioner, this +Government received, to its great astonishment, in answer, a veiled +insinuation that from the side of the Republic (_van Republikeinsche +zyde_) an attack was being made on Her Majesty's Colonies and at the +same time a mysterious reference to possibilities whereby it was +strengthened in its suspicion that the independence of this Republic was +being threatened. As a defensive measure it was therefore obliged to +send a portion of the burghers of this Republic in order to offer the +requisite resistance to similar possibilities. Her Majesty's unlawful +intervention in the internal affairs of this Republic in conflict with +the Convention of London, 1884, caused by the extraordinary +strengthening of troops in the neighborhood of the borders of this +Republic, has thus caused an intolerable condition of things to arise +whereto this Government feels itself obliged, in the interest not only +of this Republic but also of all South Africa, to make an end as soon as +possible, and feels itself called upon and obliged to press earnestly +and with emphasis for an immediate termination of this state of things +and to request Her Majesty's Government to give it the assurance + +(_a_) That all points of mutual difference shall be regulated by the +friendly course of arbitration or by whatever amicable way may be agreed +upon by this Government with Her Majesty's Government. + +(_b_) That the troops on the borders of this Republic shall be instantly +withdrawn. + +(_c_) That all reinforcements of troops which have arrived in South +Africa since the 1st June, 1899, shall be removed from South Africa +within a reasonable time, to be agreed upon with this Government, and +with a mutual assurance and guarantee on the part of this Government +that no attack upon or hostilities against any portion of the +possessions of the British Government shall be made by the Republic +during further negotiations within a period of time to be subsequently +agreed upon between the Governments, and this Government will, on +compliance therewith, be prepared to withdraw the armed burghers of this +Republic from the borders. + +(_d_) That Her Majesty's troops which are now on the high seas shall not +be landed in any port of South Africa. + +This Government must press for an immediate and affirmative answer to +these four questions, and earnestly requests Her Majesty's Government to +return such an answer before or upon Wednesday the 11th October, 1899, +not later than 5 o'clock p.m., and it desires further to add that in the +event of unexpectedly no satisfactory answer being received by it within +that interval it will with great regret be compelled to regard the +action of Her Majesty's Government as a formal declaration of war, and +will not hold itself responsible for the consequences thereof, and that +in the event of any further movements of troops taking place within the +above-mentioned time in the nearer directions of our borders this +Government will be compelled to regard that also as a formal declaration +of war. + + +REPLY OF GREAT BRITAIN. + +_October 10, 1899._ + +Her Majesty's Government have received with great regret the peremptory +demands of the Government of the South African Republic conveyed in your +telegram of 9th October, No. 3. You will inform the Government of the +South African Republic, in reply, that the conditions demanded by the +Government of the South African Republic are such as Her Majesty's +Government deem it impossible to discuss. + + + + +CHAPTER V. + +DUAL ALLIANCE OF THE SOUTH AFRICAN REPUBLIC AND THE ORANGE FREE STATE. + +_Resolution of Orange Free State, September 27, 1899._ + + +The Volksraad, having heard the second paragraph of His Honor's opening +speech and the official documents and correspondence relating thereto +which have been handed in, having regard to the strained state of +affairs in South Africa which have arisen in consequence of the +differences between the Governments of South African Republic and Her +Britannic Majesty, which constitute a threatening danger for bringing +about hostilities, the calamitous effect of which would be incalculable +for all white inhabitants of South Africa, being bound to the South +African Republic by the closest bonds of blood and alliance and standing +in most friendly relations towards Her Majesty's Government, fearing +that should a war break out a hatred would be generated between the +European races in South Africa, which still in the far future will +impede and restrain the peaceful development of all States and Colonies +of South Africa, being sensible that serious obligations rest on the +Volksraad to do all that is possible to prevent the shedding of blood, +considering that in the course of negotiations with the British +Government which have extended over several months, every endeavor has +been made by the Government of the South African Republic at a peaceful +settlement of the differences which have been brought forward by +Uitlanders in the South African Republic and which have been adopted as +its own cause by the Government of Her Majesty, which endeavors, +unfortunately, have only had the result that British troops have been +concentrated on the border of the South African Republic and are still +continually being reinforced: + +"Resolves to instruct the Government still further to do everything in +its power to preserve and establish peace and to contribute by peaceful +methods towards the solution of the existing differences, always +provided that it can be brought about without injury to the honour and +independence of this State or of the South African Republic, and wishes +unmistakably to declare its opinion that there exists no cause for war +and that if a war is now begun or occasioned by Her Majesty's Government +against South African Republic, this would morally be a war against the +whole of white population of South Africa and would in its results be +calamitous and criminal; and further, that Orange Free State will +honestly and faithfully observe its obligations towards South African +Republic arising out of the political alliance between the two +Republics, whatever may happen." + + +CORRESPONDENCE BETWEEN GREAT BRITAIN AND ORANGE FREE STATE. + +_Sir Alfred Milner to President Steyn, October 11, 1899._ + +In view of resolution of Volksraad of Orange Free State communicated to +me in Your Honour's telegram of 27th September, I have the honour to +request that I may be informed at Your Honour's earliest possible +convenience whether this action on the part of the South African +Republic has Your Honour's concurrence and support. + + +_President of Orange Free State to Sir Alfred Milner, October 11, 1899._ + +I have the honour to acknowledge Your Excellency's telegrams of this +evening. The high-handed and unjustifiable policy and conduct of Her +Majesty's Government in interfering in and dictating in the purely +internal affairs of South African Republic, constituting a flagrant +breach of the Convention of London, 1884, accompanied at first by +preparations, and latterly followed by active commencement of +hostilities against that Republic, which no friendly and +well-intentioned efforts on our part could induce Her Majesty's +Government to abandon, constitute such an undoubted and unjust attack on +the independence of the South African Republic that no other course is +left to this State than honourably to abide by its Conventional +Agreements entered into with that Republic. On behalf of this +Government, therefore, I beg to notify that, compelled thereto by the +action of Her Majesty's Government, they intend to carry out the +instructions of the Volksraad as set forth in the last part of the +Resolution referred to by Your Excellency. + + + + +CHAPTER VI. + +CONSTITUTION OF THE ORANGE FREE STATE. + + +_Chapter I.--Citizenship._ + +SECTION I.--How Citizenship is Obtained. + +1. Burghers of the Orange Free State are: + +(_a_) White persons born from inhabitants of the State both before and +after 23 February, 1854. + +(_b_) White persons who have obtained burgher-right under the +regulations of the Constitution of 1854 or the altered Constitution of +1866. + +(_c_) White persons who have lived a year in the State and have fixed +property registered under their own names to at least the value of £150. + +(_d_) White persons who have lived three successive years in the State +and have made a written promise of allegiance to the State and obedience +to the laws, whereupon a certificate of citizenship (burghership) shall +be granted by the Landrost of the district where they have settled. + +(_e_) Civil and judicial officials who, before accepting their offices, +have taken an oath of allegiance to the State and its laws. + +SECTION II.--How Citizenship is Lost. + +Citizenship in the Orange Free State is lost by: + +(_a_) Obtaining citizenship in a foreign country. + +(_b_) Taking service without consent of the President in foreign +military service, or accepting commission under a foreign government. + +(_c_) Fixing one's residence outside the country with an evident +intention of not returning to this State. This intention shall be +considered to be expressed when a man settles in a foreign country +longer than two years. + + +_Chapter II.--Burgher Service._ + +2. All burghers as soon as they have reached the full age of 16 years, +and all who have obtained burgher-right at a later age, are obliged to +have their names inscribed with the Field-Cornet, under whom they have +their place of residence, and are subject to burgher service to the full +age of 60 years. + + +_Chapter III.--Qualifications of those Entitled to Vote._ + +3. All burghers who have reached the age of 18 years are qualified to +exercise the right of voting for the election of Field-Commandants and +Field-Cornets. + +4. All burghers of full age are qualified for the election of members of +the Volksraad and of the President: + +(_a_) Who have been born in the State. + +(_b_) Who have unburdened fixed property under their names to the value +of at least £150. + +(_c_) Who are hirers of fixed property, which has at least a yearly rent +of £36. + +(_d_) Who have at least a fixed yearly income of £200. + +(_e_) Who are owners of movables to a value of at least £300, and have +lived at least three years in the State. + + +_Chapter IV.--Duties and Powers of the Volksraad._ + +5. The highest legislative power rests with the Volksraad. + +6. This Council (Raad) shall consist of a member for each Field-Cornetcy +of the various districts, and of a member for each principal town of a +district. This Council is chosen by majority of votes by the +enfranchised inhabitants of each ward of each principal town of a +district. + +7. Every burgher is eligible as member of the Volksraad, who has never +been declared guilty of crime by any jury, nor been declared bankrupt +or insolvent, his residence being within the State, has reached an age +of at least 25, who also possesses fixed property of at least £500 in +value. + +8. A member of the Raad ceases to be such in any of the following cases: + +(_a_) If he neglects to come to the Raad during two successive yearly +sessions. + +(_b_) If he loses one or more of the qualifications as required in +Article 7. + +9. Members of the Volksraad are chosen for four successive years, and +are re-eligible at the end of the period. + +The half shall withdraw after two years, and the first half be regulated +by lot. + +10. The Volksraad in its yearly meetings chooses a Chairman out of its +own members. + +11. The Chairman of the Volksraad shall decide in case of an equality of +votes. + +12. Twelve members shall make a quorum. + +13. The Volksraad makes the laws, regulates the government and finances +of the country, and shall assemble for that purpose at Bloemfontein once +a year (viz., on the first Monday of May). + +14. The Chairman shall be able to summon an extraordinary session of the +Raad according to the state of affairs. + +15. The laws made by the Volksraad shall have force of law two months +after the promulgation, and shall be signed by the Chairman or by the +President, saving always the right of the Raad to fix a shorter or +longer limit of time. The members of the Raad shall, as much as +possible, make the laws which have been passed, known and clear to their +own public. + +16. In case of insolvency, or if any sentence of imprisonment is passed +against the President, the Volksraad shall be able to dismiss him at +once. + +17. (_a_) The Volksraad shall have the right to try the President and +public officials for treason, bribery and other high crimes. + +(_b_) The President shall not be condemned without the agreement of +three to one of the members present. + +(_c_) He shall not be condemned without the full Raad being present, or +at least without due notice being given, to give all the members +opportunity to be present. + +(_d_) If a quorum is summoned, and is unanimously of opinion that the +President is guilty of one of the above-mentioned crimes, they shall +have the power to suspend him, and to make provisional arrangements to +fulfill the duties of his office. But in that case they shall be obliged +to call the whole Raad together to judge him. + +(_e_) The members of the Volksraad shall take their oath at the +commencement of said examination. + +(_f_) In case the President should come to die, or should resign his +post, or be discharged, or become unfit for the discharge of his office, +the Volksraad shall be empowered to appoint one or more persons to act +in his place until such unfitness cease or another President is chosen. + +(_g_) The sentence of the Volksraad in such cases shall have no further +effect than discharge from their office, and the declaration of +unfitness ever to hold any post under the Government. But the persons so +sentenced shall none the less be liable to be judged according to the +law. + +18. The Volksraad reserves the right to examine the election lists of +members for the Volksraad itself, and to declare if the members have +been duly and legally elected or not. + +19. The Volksraad shall have regular minutes of its transactions kept, +and from time to time publish the same, such articles excepted as ought +in their judgment to be kept back. + +20. The agreement or disapproval of the various members on any question +put to the vote must, on the request of one-fifth of members present, be +inscribed in the minutes. + +21. The public shall be admitted to attend the consultations of the +Volksraad and to take notice of the transactions, except in special +cases where secrecy is necessary. + +22. The Volksraad shall make no laws preventing free assembly of the +inhabitants, to memorialize the Government, to obtain assistance in +difficulties, or to get an alteration in some laws. + +23. The furtherance of religion and education is a subject of care for +the Volksraad. + +24. The Dutch Reformed Church shall be assisted and supported by the +Volksraad. + +25. The Volksraad shall have the power to pass a burgher or commando law +for the protection and safety of this land. + +26. After this Constitution shall have been fixedly determined, no +alteration may be made in the same without the agreement of three-fifths +of the Volksraad, and before such change may be made, a majority of +three-fifths of the votes shall be necessary for the same in two +successive yearly sessions. + +27. The Volksraad shall have the power to inflict taxes or to diminish +them, to pay the public debt and to make provision for the general +defence and welfare of the State; similarly to take up money on the +credit of the State, and also to dispose of Government property. + + +_Chapter V.--Duties, Powers, etc., of the President._ + +28. There shall be a President. + +29. The President shall be chosen by the enfranchised burghers; +however, the Volksraad shall recommend one or more persons to their +choice. + +30. The President shall be appointed for five years, and be re-eligible +on resignation. + +31. The President shall be the head of the Executive power. The +supervision of all public departments and the execution and regulation +of all matters connected with the public service shall be entrusted to +the President, who shall be responsible to the Volksraad, and whose acts +and deeds shall be subject to an appeal before the Volksraad. + +32. The President shall as often as possible visit the towns and give +the inhabitants of the same and of the district an opportunity to bring +forward at the towns matters in which they are interested. + +33. The President shall make a report in the yearly assemblage of the +Volksraad about the state of the land and of the public service, shall +assist the same with counsel and advice, and if necessary, lay bills +upon the table, without, however, being able to vote upon the same. + +34. The President shall also be able to summon an extraordinary meeting +of the Volksraad. + +35. The President shall have the power to fill up all empty posts in the +public offices, which fall vacant between the times of the meeting of +the Volksraad, subject to the ratification of that body. + +36. The President shall have the right to suspend public officials. + +37. The President with a majority of the Executive Council shall +exercise the right of mercy in all criminal sentences. + +38. The President with the consent of the Volksraad declares war and +makes peace. + +39. The President shall be able to make conventions, subject to the +consent of the Volksraad. + +40. The President shall not be able to make any treaty without consent +of the Volksraad. + +41. The President, or any member of the Executive Council, shall have +the right at all times to inspect the state of the finances, as also the +books of the officials. + + +_Chapter VI.--Executive Council._ + +42. There shall be an Executive Council, consisting of the Landrost of +the capital, the Secretary of the Government, and three unofficial +members, chosen by the Volksraad, to assist the President with advice +and assistance. + +The President shall be the Chairman, and have a decisive vote. + +43. The Executive Council shall hold session on the second Monday of +each second month, and at such other times as the President may desire. + +44. The Executive Council shall be bound to make a yearly report of its +transactions to the Volksraad. + +45. A majority of the Executive Council shall have the right to summon +an extraordinary meeting of the Volksraad. + +46. The President and the Executive Council shall have the power of +declaring martial law. + + +_Chapter VII.--The Judicial Power._ + +47. The Landrost holds the power of civil commissioner and resident +magistrate. + +48. The judicial power is exclusively exercised by the courts of law, +which are established by the law. + +49. Legislation also regulates the administration of criminal justice, +as also that in police cases, always understanding, however, that +criminal cases brought in the first instance before the higher Courts +are judged by a jury. + + +_Chapter VIII.--The Military System._ + +50. The Field-Cornets shall be chosen by and out of the burghers of +their wards. + +51. A Field-Commandant shall be chosen for each district, by and out of +the burghers of the same. + +52. The assembled Field-Commandants and Field-Cornets who are united on +a commando shall choose from amongst themselves, in case of war, their +own Commandant-General, which General must then receive his instructions +from the President. + +53. The assembled Field-Commandants and Field-Cornets have the right, +during the course of the war, when they have just cause for so doing, to +discharge the Commandant-General who had been chosen by them, and to +appoint another, they being bound in that case to give notice to the +President thereof, who on receipt of such announcement, and on finding +the assigned reasons well founded, fixes the day on which a new election +shall take place. + +54. After the war there exists no longer any Commandant-General as such. + +55. The Field-Cornets must be resident in their own wards and possess +property therein. + +56. The Field-Commandants must be resident in their own districts, +possess fixed property to the amount of £200, and have lived one year in +the country. + + +_Chapter IX.--Miscellaneous Subjects._ + +57. The Roman-Dutch law shall be the principal law of this State, where +no other law has been made by the Volksraad. + +58. The law is for all alike, always understanding that the judge shall +exercise all laws with impartiality and without respect of persons. + +59. Every inhabitant owes obedience to the law and the authorities. + +60. Right of property is guaranteed. + +61. Personal freedom, provisionally on remaining within the limitations +of the law, is guaranteed. + +62. The freedom of the press is guaranteed provisionally on remaining +within the law. + + + + + +End of the Project Gutenberg EBook of Selected Official Documents of the +South African Republic and Great Britain, by Various + +*** END OF THIS PROJECT GUTENBERG EBOOK SELECTED OFFICIAL DOCUMENTS *** + +***** This file should be named 17136-8.txt or 17136-8.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/1/7/1/3/17136/ + +Produced by Marilynda Fraser-Cunliffe, Taavi Kalju and the +Online Distributed Proofreading Team at https://www.pgdp.net + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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