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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 L150.
(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 L150.
(c) Who are hirers of fixed property, which has at least a yearly rent of L36.
(d) Who have at least a fixed yearly income of L200.
(e) Who are owners of movables to a value of at least L300, 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 L500 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 L200, 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.
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