General de Wet: "I can assure His Excellency, Lord Milner, that the people always believed that should everything be lost they still would be able to obtain this money due on receipts. If this is not granted, I cannot imagine what the results will be. I am afraid of the consequences; and I trust that you will do your best to meet our wishes."

Commandant-General Botha: "It will not be a very large sum, but we cannot give you the exact amount."

Commander-in-Chief de Wet: "You can well understand that our expenses are only a drop in the ocean compared with yours. If I am right, the Orange Free State had three quarters of a million when the war began, and the issue of receipts only started when that sum was exhausted. Your Excellencies must acknowledge that we have the same obligation of creditor through these receipts as we should have in any other case."

Commandant-General Botha: "You have already many of our notes in your possession. In one case alone there were fifty thousand hidden away, and found by you. I have stated privately to Lord Milner that what we are now striving to obtain has already been granted to us de facto by Lord Kitchener. In Lord Kitchener's Middelburg proposal the paying of the Government notes was refused, but there was a proviso that the receipts should be paid to the amount of one million. Should this now be withdrawn, surely such a withdrawal would form a deviation from the Middelburg proposal. The paying of notes is legal, and is on quite another footing, and I cannot understand how it could have been refused in the Middelburg proposal. That it should be granted now is only reasonable. But as regards the payment of receipts, although it was allowed then up to a certain amount, it is now withdrawn. At this present stage of the proceedings I think that a point which had already been practically conceded in the previous negotiations should not be allowed to form a stumbling-block to a final agreement. I believe that the amount is only small; I was for one year in conjunction with De la Rey in command of the forces of the South African Republic. During that period of time an account was kept of all the receipts, and only a short time back the books were still in our possession. These receipts were issued in an orderly manner, and each of them was duly entered in a book, as far as I was able to judge. These receipts amounted to quite a small sum; and although Lord Milner would draw back if the sum was very big, the question how far he will go can be settled when the proposal is accepted. Yet I personally think that there are no grounds for fear, and the amount is really far smaller than you imagine."

Lord Milner: "I do not think it is so much a question of amount. This paying of notes and requisition notes appears to me very unreasonable. I believe that in this matter I am only voicing the opinion of the great majority of the British nation when I say that my countrymen would much prefer to pay a large sum at the conclusion of hostilities with the object of bettering the condition of the people who have been fighting against them than to pay a much smaller sum to meet the costs incurred by the Republics during the war. Whether such a view is right or wrong, it is a view you have to reckon with. We do not wish to pay the accounts of both parties; and my opinion of the clause quoted from the Middelburg proposal is that that clause was one of its faults. But should anything of the kind become necessary, then I think that the paying of the notes is less objectionable than the paying of the requisition notes. I placed this point about the payment of notes in the draft because I thought that if it came to a choice between paying one or the other you would prefer that the notes should be paid. However, if it should be thought better to return on this point to the Middelburg proposal, although I am greatly against the clause, I will waive my objection to it if Lord Kitchener is agreeable."

General Smuts: "I am afraid that we cannot agree to this, for we thought that the notes would be beyond all dispute."

Judge Hertzog: "I do not think that your Excellency is representing the matter fairly when you say that you will not pay the bills of both parties. There is one thing to be taken into consideration as regards the Orange Free State, and which must be considered before everything else, and that is, that we have made no loans nor have we given any government notes. The notes we used were notes of the South African Republic, which had been sent to the Orange Free State. Our law was formed on the idea that in case of war all the costs should be paid by commission notes. The Orange Free State acted on this principle, and receipts were issued. If we take into consideration at the same time that we have been and still are recognized by you as belligerent, then we can only say: On our side we surrender everything that we possess, and we only ask the other party to acknowledge the fact that if we had contracted a loan it would have been to the charge of the British Government, who, in taking everything from us, renders itself responsible for our public loans. Lord Milner should understand that it is of just as much importance to us for the receipts to be paid as it is to the South African Republic for the loan, which it contracted before the war, to be taken over by the British Government. But I can even go further and give Lord Milner the assurance that we have acted more economically when issuing these receipts than we should have done had we contracted the loan previous to the war. Now we have only what is absolutely necessary to meet our present needs. So that Lord Milner must own that we find ourselves in the same position towards those who are in possession of receipts, as we should have occupied towards any other creditor we might have had before the war began. I must give my support to what the Commandant-General has said; and I can only repeat what I have already informally told Lord Milner, namely, that this difficulty is almost insurmountable."

Lord Milner: "We can refer this to our Government. But your proposal is altogether antagonistic to the Middelburg proposal, which absolutely rejected the idea of taking over all the debts of the two States."

Lord Kitchener: "I should like to know the amount."

General De la Rey: "My issue of notes amounts to between twenty and fifty thousand pounds; but I cannot say what the issue in receipt has been."

Lord Milner: "There really is a feasible compromise, namely, to allow the notes and receipts to come in and to establish the suggested limit of L1,000,000."

Lord Kitchener: "Would that meet your difficulty?"

Commandant-General Botha: "No."

Lord Kitchener: "Well, would two or three million be sufficient? We must have a limit before we can do anything."

Commander-in-Chief de Wet: "It is impossible to stipulate the amount."

Lord Kitchener: "If you were in a position to give a limit, it would simplify matters."

Commander-in-Chief de Wet: "I agree with that entirely, and I can quite understand the position in which you are placed. Yet it is absolutely impossible to assign an amount. Will you give us your permission to adjourn for a moment in order to discuss the matter?"

The meeting was then adjourned. It reassembled at 2.30 p.m.

Commander-in-Chief de Wet: "We have agreed to fix on a sum of L3,000,000 for the government notes and receipts; their amount paid pro rata can be lowered should this sum prove insufficient. We have drawn up an article to lay before the meeting."

General Smuts then read a draft which was inserted at the end of Article 11 in the draft agreement.

In answer to a question by Lord Kitchener, Commander-in-Chief de Wet said: "The prisoners of war on the different islands who are in possession of such notes should be given an opportunity of sending them in for payment."

Lord Milner: "What is the next point you wish to raise? We now understand what your position is."

Commandant-General Botha: "Am I to understand that you mean that we are getting away from the point in discussion?"

Lord Milner: "This document contains your view of the matter, so we are now aware of your idea."

Commandant-General Botha: "We must know what to say to the delegates."

Lord Kitchener: "Is this the only point you wish to bring forward, or are there others in addition?"

Commandant-General Botha: "There is another concerning the protection of debtors, which is a vital question for us."

Lord Milner: "We must not have any beating about the bush. Everything must appear in the document."

General Smuts: "Most of the debts contracted before the war will have to be paid after the war; and if the debtors cannot pay we are afraid that it will result in the ruin of a great part of the inhabitants. We should like to see steps taken to prevent this. If Lord Milner intends to take such steps, we should like to be informed what they are."

Lord Milner: "I think it would be best if you were to make a proposal on this point."

General Smuts: "Our proposal is roughly that all interest which became payable during the war should be joined to the principal, and that this should be payable six months after the war."

Lord Kitchener: "Is it necessary to make a proposal about this?"

General Smuts: "If the Government is prepared to meet us in this difficulty it will be unnecessary to place a formal clause in the draft agreement."

Lord Milner: "As I look at the matter, the Government is making certain promises in this document, and I consider that all promises to which a reference may be made later should appear in it. Everything to which the Government is asked to bind itself should appear in this document, and nothing else. I do not object to clauses being added, but I wish to prevent any possible misunderstanding."

General Smuts: "Well, in that case we are quite willing to propose such a paragraph."

Commandant-General Botha: "We waive this question, so that early measures may be taken to arrive at an understanding. In case a great number of the inhabitants become subjects of His Majesty, it is to every one's interest, and principally to that of the Government, that these people should not be ruined. They will be thrown upon the mercy of a Government, whose duty it is to study their interests. If steps are not taken to prevent it, speculators who have been buying up the liabilities will, as soon as peace is concluded, enforce them, and directly the Courts of Justice are opened they will issue summonses. Against this we have to be on our guard."

Lord Milner: "I agree with the Commandant-General. I think that as these people become subjects of His Majesty, then some provision will have to be made for them. But I believe it to be neither necessary nor advisable to point out in every particular case the way in which His Majesty's Government has to provide for these people. I think that an idea exists—perhaps it is a very natural idea—because we have been fighting against the burghers that, therefore, after peace has been concluded we shall still retain a feeling of enmity against them. Just the opposite, however, is the truth. Our endeavour will naturally be, from the moment hostilities cease, to gain the confidence of the people and to do our best to promote their welfare. But if we have to bind ourselves beforehand in regard to the manner in which we shall deal with all sorts of involved legal questions, further misunderstandings are certain to occur. If you have not confidence in us—that we shall try to be a righteous Government, and to maintain the balance between the different classes of His Majesty's subjects—then you must put in writing every point that strikes you, and let them be laid before His Majesty's Government, to see what they think about them."

Commander-in-Chief de Wet: "I trust that you will not think that we are trying to tie the hands of His Majesty's Government. There are many other points which will give the Government opportunity to win the confidence of the people. But about things which concern the financial position of burghers who are entirely ruined we feel it our duty to obtain definite promises. They will be a weapon in our hands when we return to the delegates."

Commandant-General Botha: "I do not quite understand, Lord Milner. I did not interpret Mr. Chamberlain's telegram in the sense that we had to present new proposals in order to bind our hands further. I thought that proposals were to be made with a view to establishing peace."

Lord Kitchener: "I do not think that it is altogether necessary to include this proposal in the document. It concerns the very involved legal questions as to what the rights of creditor and debtor shall be, and as to what the law in the Transvaal may be on the matter. I think that every one can rest assured that the interests of the Boers will be protected by the Government in every way; and this, whether the point is put down now or left in the hands of the Government with the recommendation from this Commission to take the matter into serious consideration.

"I think that I know of a better way to deal with this involved question. Let this matter be brought under the consideration of the Government. I may be mistaken, but, as far as I can see, it will prove a very thorny question for the lawyers, and will take a long time before it can be clearly stated. It is, however, the wish of us all that you should return to the delegates equipped in such a way that you will be able to arrive at a decision. You may rest assured that the matter which you have brought before us has been included in the minutes of this meeting. I do not think that it is necessary for you to go further than this. The matter can now be carefully considered, not only here, but also in England; and you may be quite sure that your interests will receive, in every way, full consideration."

General De la Rey: "I think that the matter has been sufficiently discussed in the presence of your Excellencies, and that it need not be placed in the draft contract, for by so doing one might stumble on legal questions."

Commander-in-Chief de Wet: "This is my point of view: There are two parties, and one of them is about to cease to exist. It is, therefore, natural that this party cannot allow a vital question to pass unnoticed. It is for this reason that I cannot agree that this matter should be omitted from the draft contract. It will not be necessary that the military Government which now exists should continue after the war."

Lord Kitchener: "But the question will have to be settled by the Civil Government. It is a matter for lawyers, and must be laid before them, and will require much consideration."

Commandant-General Botha: "When hostilities are concluded it will be possible to summon a burgher for a debt contracted before the war. I put this request because our law states that no burgher can be summoned till sixty days have elapsed since the conclusion of peace."

Lord Kitchener: "You may entirely rely upon this, that whenever the war is over each burgher will have the absolute right to obtain consideration for his position in every way, and that his interests will be protected under the new as under the old regime."

Commandant-General Botha: "I understand that perfectly. But the possibility exists that syndicates may be formed to buy up all the debts, and the people may be ruined before a single burgher is in the position to earn anything or to have his position restored."

Lord Kitchener: "I quite agree with what the Commandant-General has said, and he is quite right to bring the question up. Yet I do not think that the draft contract is the best place in which to bring it forward. Once peace is a fact, then it will be the duty of every one to draw the attention of the Government to what is required to aid the nation; but to bring up difficulties at the present moment, and to attempt to right them, seems to be an endless task, and one for which this document was not destined."

Commander-in-Chief de Wet: "I am of opinion that this is a matter which should be settled by a proclamation; but I want to have as many weapons as possible in my hands when I return to the national delegates, and one of the first questions that will be asked me is this, 'What guarantee do we possess that we shall not be ruined by our creditors?' It would not be much trouble to you to give us now a draft of the proclamation which would be issued as soon as peace is concluded."

Lord Kitchener: "But this would be something quite apart from the matter under discussion."

Commander-in-Chief de Wet: "Yes."

Lord Milner: "What is the good then?"

Commander-in-Chief de Wet: "It is such a vital question for us that you cannot take it amiss if we insist upon it, for we have to give up everything."

Lord Kitchener: "Of course, no one is blaming you."

Lord Milner: "But without any thought of blame, I must point out that the effect of their proposal would be that another clause would have to be inserted in the draft contract, undertaking that such a proclamation would be issued."

Lord Kitchener: "I think that as long as the delegates receive an assurance that the Government will take this matter into consideration, in the interests of their subjects, whom they are bound to protect, that such an assurance ought to suffice. There should be no written undertaking, but only a promise that the matter shall receive attention. It is not advisable after the subject has been brought before the Government to press the matter further. The feelings of the burghers, moreover, in other ways than this, will be brought before Lord Milner."

Commander-in-Chief de Wet: "If we wished to do so, we could insist upon many other little points, but we only bring up vital questions."

Lord Kitchener: "This is one of the questions which, when once brought under the consideration of the Government cannot be put aside; and you may tell the burghers that their interests will be protected as fully as is possible. I think that, in so complicated a matter, this ought to be sufficient for them. All that is debated here is recorded in the minutes, and these minutes will be considered not only here, but also in England. Are you satisfied with this?"

Commandant-General Botha: "Yes, so far as I am concerned."

Commander-in-Chief de Wet: "I also am satisfied."

Lord Milner: "I hope it is quite understood that if the matter is allowed to remain where it is, my Government will be under no obligation to treat the matter in any particular way."

Lord Kitchener: "But there is a pledge that the matter will be properly considered."

Lord Milner: "Yes, naturally; if we put anything down in writing. I am convinced that it is necessary to make it quite clear that this document must contain everything about which there is anything in the form of a pledge."

Lord Kitchener: "There is, then, a pledge that the point upon which you have touched will be considered in your interests."

General Smuts: "There still remains the question of the payment of receipts."

Lord Kitchener: "That will be placed before the Government. The sum is an essential point; I believe the amount to be considerable. I should now like to know that it is understood that we are agreed about all these draft proposals, including your amendments, and that there are no further questions to be brought forward—it is necessary to know this, as they would have to be telegraphed to England."

Commander-in-Chief de Wet: "We have no further points to raise."

Lord Milner: "The telegram that I shall despatch is as follows:

'The Commission is prepared to lay before their burgher meeting the following document (in the event of it being sanctioned by His Majesty's Government), and to ask of the meeting a "Yes" or "No."'

"Is that satisfactory?"

Commander-in-Chief de Wet: "Yes, naturally. Only I cannot say that this document has my approval. Yet I shall be content to abide by the decision of the delegates."

Judge Hertzog: "I should not like to think that we are bound to use our influence with the delegates."

Lord Milner: "I think that is understood. I understand that the members of the Commission are not bound in respect of the opinions they may express before the burghers. They are only bound, if the British Government approves of the document, to lay it before the people. I propose to send the following telegram:

'The Commission is prepared to lay the following document before the burgher meeting at Vereeniging, for a "Yes" or "No" vote, in the event of His Majesty's Government approving of it.'

"I want also to state that we have completely deviated from the Middelburg proposal. I believe everyone is fully aware that the Middelburg proposal has been annulled altogether. Should an agreement be arranged in conformity with this document, and signed, then no attempt must be made to explain the document, or its terms, by anything in the Middelburg proposal."

The meeting was now adjourned.

WEDNESDAY, MAY 28TH, 1902.

The Commission met Lord Kitchener and Lord Milner at eleven o'clock with the purpose of hearing the British Government's answer to the draft proposal sent by their Lordships.

Lord Milner read the following memorandum:

"In answer to the telegram composed at our last meeting with the consent of the Commission and of which the members have received a copy, the following message has been received from His Majesty's Government:—

'His Majesty's Government sanctions the laying before the meeting for a "Yes" or "No" vote the document drawn up by the Commission and sent by Lord Kitchener on the 21st May to the Secretary of War, with the following amendments:

'The final proposal made by the British Government, on which the national representatives at Vereeniging have to answer "Yes" or "No."

'General Lord Kitchener of Khartoum, Commander-in-Chief, and His Excellency Lord Milner, High Commissioner, on behalf of the British Government;

'Messrs. S.W. Burger, F.W. Reitz, Louis Botha, J.H. De la Rey, L.J. Meijer, and J.C. Krogh on behalf of the Government of the South African Republic and its burghers;

'Messrs. M.T. Steyn, W.J.C. Brebner, C.R. de Wet, J.B.M. Hertzog, and C.H. Olivier on behalf of the Government of the Orange Free State and its burghers, being anxious to put an end to the existing hostilities, agree on the following points:

'Firstly, the burgher forces now in the Veldt shall at once lay down their arms, and surrender all the guns, small arms, and war stores in their actual possession, or of which they have cognizance, and shall abstain from any further opposition to the authority of His Majesty King Edward VII., whom they acknowledge as their lawful sovereign.

'The manner and details of this surrender shall be arranged by Lord Kitchener, Commandant-General Botha, Assistant-Commandant-General J.H. De la Rey, and Commander-in-Chief de Wet.

'Secondly, burghers in the Veldt beyond the frontiers of the Transvaal and of the Orange River Colony, and all prisoners of war who are out of South Africa, who are burghers, shall, on their declaration that they accept the status of subjects of His Majesty King Edward VII., be brought back to their homes, as soon as transport and means of subsistence can be assured.

'Thirdly, the burghers who thus surrender, or who thus return, shall lose neither their personal freedom nor their property.

'Fourthly, no judicial proceedings, civil or criminal, shall be taken against any of the burghers who thus return for any action in connexion with the carrying on of the war. The benefit of this clause shall, however, not extend to certain deeds antagonistic to the usages of warfare, which have been communicated by the Commander-in-Chief to the Boer Generals, and which shall be heard before a court martial immediately after the cessation of hostilities.

'Fifthly, the Dutch language shall be taught in the public schools of the Transvaal and of the Orange River Colony when the parents of children demand it; and shall be admitted in the Courts of Justice, whenever this is required for the better and more effective administration of justice.

'Sixthly, the possession of rifles shall, on taking out a licence in accordance with the law, be permitted in the Transvaal and the Orange River Colony to persons who require them for their protection.

'Seventhly, military administration in the Transvaal and in the Orange River Colony shall, as soon as it is possible, be followed by civil government; and, as soon as circumstances permit it, a representative system tending towards autonomy shall be introduced.

'Eighthly, the question of granting a franchise to the native shall not be decided until a representative constitution has been granted.

'Ninthly, no special tax shall be laid on landed property in the Transvaal and Orange River Colony, to meet the expenses of the war.

'Tenthly, as soon as circumstances permit there shall be appointed in each district in the Transvaal and the Orange River Colony a Commission, in which the inhabitants of that district shall be represented, under the chairmanship of a magistrate or other official, with the view to assist in the bringing back of the people to their farms, and in procuring for those who, on account of losses in the war are unable to provide for themselves, food, shelter, and such quantities of seed, cattle, implements, etc., as are necessary for the resuming of their previous callings.

'His Majesty's Government shall place at the disposal of these Commissions the sum of L3,000,000 for the above-mentioned purposes, and shall allow that all notes issued in conformity with Law No. 1, 1900, of the Government of the South African Republic, and all receipts given by the officers in the Veldt of the late Republics, or by their order, may be presented to a judicial Commission by the Government, and in case such notes and receipts are found by this Commission to have been duly issued for consideration in value, then they shall be accepted by the said Commission as proof of war losses, suffered by the persons to whom they had originally been given. In addition to the above-named free gift of L3,000,000, His Majesty's Government will be prepared to grant advances, in the shape of loans, for the same ends, free of interest for two years, and afterwards repayable over a period of years with three per cent. interest. No foreigner or rebel shall be entitled to benefit by this clause.'

Lord Milner: "In making this communication to the Commission we are instructed to add that if this opportunity of concluding an honourable peace is not taken advantage of within a time to be fixed by us, then this conference shall be regarded as closed, and His Majesty's Government shall not be bound in any way by the present terms. I have, in order that there may be no mistake about these terms, made a copy of the documents and of Lord Kitchener's telegram, also of the amendments and additions determined on by His Majesty's Government, and of the memorandum to which I have just drawn your attention."

A debate now followed on the time that should be allowed for the discussion of the proposals at Vereeniging, and it was agreed that Commandant-General Botha should propose a term that very day before the Commission left Pretoria.

It was subsequently settled that the delegates must arrive at a decision before Saturday evening, May 31st.

General Botha asked if there were any objection to the delegates erasing any paragraph of the proposal sent by the British Government.

Lord Milner: "There must be no alteration. Only 'Yes' or 'No' is to be answered."

Commandant-General Botha: "I think that the burghers have the right to erase any article they may wish, for they have the right to surrender unconditionally."

Lord Milner replied that the burghers certainly had the power to do so, but the document of the British Government could not be changed.

There now followed an informal discussion about the colonists who had been fighting on the side of the Republics.

Lord Milner communicated what the British Government's intentions were with regard to these colonists; and read the following document:—

"His Majesty's Government has to formally place on record that the colonists of Natal and the Cape Colony who have been engaged in fighting and who now surrender shall, on their return, be dealt with by the Colonial Governments in accordance with the laws of the Colonies, and that all British subjects who have joined the enemy shall be liable to be tried under the law of that part of the British Empire to which they belong.

"His Majesty's Government has received from the Government of Cape Colony a statement of their opinion as regards the terms to be offered to British subjects of the Cape Colony who are still in the Veldt or who have surrendered since April 12th, 1901. The terms are as follows:—In regard to the burghers, they all, on their surrender, after having laid down their arms, shall sign a document before a resident magistrate of the district in which their surrender has taken place, in which document they shall declare themselves guilty of high treason; and their punishment, in the event of their not having been guilty of murder, or of other deeds in contradiction to the customs of civilized warfare, shall be that for the rest of their lives they shall not be registered as voters, nor shall they be able to vote in Parliamentary, district, or municipal elections. As regards justices and veldtcornets of the Cape Colony, and all other persons who had occupied official positions under the Government of Cape Colony, and all who held the rank of commandant in the rebel or burgher forces, they shall be brought on the charge of high treason before the ordinary Courts of the country, or before such special Courts as later on may legally be constituted. The punishment for their misdeeds shall be left to the discretion of the Court, with this reservation, that in no case shall capital punishment be inflicted.

"The Government of Natal is of opinion that the rebels should be judged by the laws of the Colony."

The meeting now adjourned.

The secretaries and Messrs. de Wet and J. Ferreira, with the help of lawyers, set themselves the task of making copies of the proposal of the British Government for the use of the national representatives at Vereeniging. This work kept them engaged until the evening.

At seven o'clock the Commission left Pretoria and returned to Vereeniging.

THE MIDDELBURG PROPOSAL.

LORD KITCHENER TO COMMANDANT-GENERAL BOTHA.

PRETORIA, March 7, 1901.

YOUR HONOUR,—

With reference to our conversation at Middelburg on the 28th February, I have the honour to inform you that, in the event of a general and complete cessation of hostilities, and the surrender of all rifles, ammunition, cannon and other munitions of war in the hands of the burghers, or in Government depots, or elsewhere, His Majesty's Government is prepared to adopt the following measures.

His Majesty's Government will at once grant an amnesty in the Transvaal and Orange River Colony for all bona fide acts of war committed during the recent hostilities. British subjects belonging to Natal and Cape Colony, while they will not be compelled to return to those Colonies, will, if they do so, be liable to be dealt with by the laws of those Colonies specially passed to meet the circumstances arising out of the present war. As you are doubtless aware, the special law in the Cape Colony has greatly mitigated the ordinary penalties for high treason in the present case.

All prisoners of war, now in St. Helena, Ceylon, or elsewhere, being burghers or colonists, will, on the completion of the surrender, be brought back to their country as quickly as arrangements can be made for their transport.

At the earliest practicable date military administration will cease, and will be replaced by civil administration in the form of Crown Colony Government. There will, therefore, be, in the first instance, in each of the new Colonies, a Governor and an Executive Council, composed of the principal officials, with a Legislative Council consisting of a certain number of official members to whom a nominated unofficial element will be added. But it is the desire of His Majesty's Government, as soon as circumstances permit, to introduce a representative element, and ultimately to concede to the new Colonies the privilege of self-government. Moreover, on the cessation of hostilities, a High Court will be established in each of the new Colonies to administer the laws of the land, and this Court will be independent of the Executive.

Church property, public trusts, and orphan funds will be respected.

Both the English and Dutch languages will be used and taught in public schools when the parents of the children desire it, and allowed in Courts of Law.

As regards the debts of the late Republican Governments, His Majesty's Government cannot undertake any liability. It is, however, prepared, as an act of grace, to set aside a sum not exceeding one million pounds sterling to repay inhabitants of the Transvaal and Orange River Colony for goods requisitioned from them by the late Republican Governments, or subsequent to annexation, by Commandants in the field being in a position to enforce such requisitions. But such claims will have to be established to the satisfaction of a Judge or Judicial Commission, appointed by the Government, to investigate and assess them, and, if exceeding in the aggregate one million pounds, they will be liable to reduction pro rata.

I also beg to inform Your Honour that the new Government will take into immediate consideration the possibility of assisting by loan the occupants of farms, who will take the oath of allegiance, to repair any injuries sustained by destruction of buildings or loss of stock during the war, and that no special war tax will be imposed upon farms to defray the expense of the war.

When burghers require the protection of firearms, such will be allowed to them by licence, and on due registration, provided they take the oath of allegiance. Licences will also be issued for sporting rifles, guns, etc., but military firearms will only be allowed for purposes of protection.

As regards the extension of the franchise to Kaffirs in the Transvaal and Orange River Colony, it is not the intention of His Majesty's Government to give such franchise before representative Government is granted to those Colonies, and if then given it will be so limited as to secure the just predominance of the white race. The legal position of coloured persons will, however, be similar to that which they hold in the Cape Colony.

In conclusion I must inform Your Honour that, if the terms now offered are not accepted after a reasonable delay for consideration they must be regarded as cancelled.

I have, etc., KITCHENER, GENERAL, Commander-in-Chief British Forces, South Africa. To His Honour, Commandant-General Louis Botha.



Appendix C

MINUTES OF THE MEETING OF THE SPECIAL NATIONAL REPRESENTATIVES AT VEREENIGING, SOUTH AFRICAN REPUBLIC, THURSDAY, THE 29TH OF MAY, 1902, AND THE FOLLOWING DAYS

MAY 29TH, 1902.

The Rev. J.D. Kestell having offered prayer, the Chairman requested Vice-President Burger to address the meeting.

Vice-President Burger said that the documents laid before the Governments by the Commission would now be read to the meeting. Thereupon Mr. D. Van Velden read the following letter:

REPORT OF THE COMMISSION.

PRETORIA, 28th May, 1902.

To the Governments of the Orange Free State and the South African Republic:

HONBLE. GENTLEMEN,—

In accordance with instructions received from you, we went to Pretoria in order to negotiate with the British authorities on the question of peace. We have the honour to make the following report:

The meetings lasted from Monday, May 19th, to Wednesday, May 28th, its prolongation having been principally caused by the length of time taken up by the cable correspondence with the British Government.

We first handed in a proposal (annexed under A)[113] in which we attempted to negotiate on the basis of a limited independence with surrender of part of our territory. Lords Kitchener and Milner refused emphatically to negotiate on this basis, and expressed the opinion that to cable this proposal to the British Government would be detrimental to the objects of these negotiations. They told us they had already informed the two Governments that the British Government would only negotiate on the basis of an amended form of the Middelburg proposal. In order finally to formulate this proposal, Lord Milner asked the assistance of some members of the Commission; and this was granted, on the understanding that the assistance of these members of the Commission should be given without prejudice to themselves.

As the result of the deliberations of this sub-committee, Lord Milner produced a draft proposal, in which we insisted that a fresh clause (No. 11) should be inserted; and this was done. This draft proposal (annexed under B)[114] was then cabled to the British Government, revised by them, and then communicated to us in its final shape (annexed under B).[115] We were informed by the British Government that no further revision of this proposal would be allowed, but that it must now be either accepted or rejected in its entirety by the delegates of the two Republics; and that this acceptance or rejection must take place within a stipulated time. We then told Lord Kitchener that he should know our final decision by the evening of the next Saturday at latest.

During our formal negotiations certain informal conversations took place in reference to the British subjects (in Cape Colony and Natal) who have been fighting on our side. As a result of these informal conversations a communication from the British Government was imparted to us (annexed under B).[116]

We have the honour to remain, etc.,

LOUIS BOTHA. J.H. DE LA REY. C.R. DE WET. J.B.M. HERTZOG. J.D. SMUTS.

Vice-President Burger said that the delegates must proceed to discuss this document, and that they would then be asked to decide—firstly, whether the struggle should be continued; secondly, whether the proposal of the British Government should be accepted; and, thirdly, whether they were prepared to surrender unconditionally.

It was decided that minutes of the meeting should be kept, and the delegates then proceeded to discuss the different articles of the British Government's proposal. The whole of the morning and a part of the afternoon sitting were devoted to questions dealing with the meaning of the several clauses, the members of the Commission answering to the best of their ability.

After these questions had been disposed of, Mr. De Clercq rose to speak. He said that he had already given his own opinion, but that now it was for the whole meeting to decide whether they would give up the war, and, if they resolved to do so, whether they would accept the proposal unconditionally. As to the proposal, it could not be denied that it did not give all that they themselves desired, but that could not have been expected. Should they now return to their commandos and be asked by their burghers what they had effected, they would have to reply, "Nothing." How would they be able to meet their burghers with such an answer as that? It would therefore be better to get terms from the British Government; and by doing so they would also gratify the British nation. As for himself, he was for accepting the proposal, unless it could be proved to him that unconditional surrender would be a still better course to take.

General Nieuwouwdt then proposed that the meeting should, without further delay, proceed to vote whether the war should be terminated, and whether the terms offered to them should be accepted.

General Froneman seconded this proposal.

Mr. Birkenstock (Vrijheid) felt that this was too important a matter to be treated with such haste. A decision about such a document as the one now lying before the meeting could not be come to in a moment. The delegates would hardly agree with the last speaker in his opinion that they should at once proceed to vote whether the war should or should not be continued. Time was required before coming to such a decision. Moreover it had to be proved whether it were possible to continue the war. There were some districts where it certainly could no longer be carried on. Was it possible for one part of the nation to continue fighting without the other? Then there was the question whether their resources and the troops which they still had were sufficient to justify them in prolonging the struggle. If they were insufficient the war must be discontinued and terms must be accepted. It would not be an easy thing to do; one could not, with a light heart, give up the independence of their country; but half a loaf was better than no bread,[117] and even such a sacrifice as this might be necessary if the nation was to be saved.

Commandant Jacobsz (Harrismith) was at one with the last speaker in holding that they must not be in too great a hurry to vote on the proposal.

Mr. P.R. Viljoen (Heidelberg) felt that the proposal of the British Government would so tightly bind them that they would never again be free. They were knee-haltered[118] now, but under certain circumstances they might even be hobbled.[119]

He considered that the meeting should ask the Governments to stop the war.

General Du Toit (Wolmaransstad) said that the times through which they were passing were very critical; every one ought to say exactly what he thought, and no one ought to be condemned for doing so. A delegate who should say that the war could not be continued must not be considered disloyal to his country because he did so. As regarded the three questions before the meeting, according to the opinion of his burghers the war ought to be continued. The views of his burghers when he left the commandos had been clearly expressed. "Let us retain our independence, or go on fighting," they had said. But why were they of this mind? Because they were unaware how matters stood in other districts. The eyes of the delegates, however, while directed towards God, were also able to observe the condition of the eastern parts of their country. If the burghers in those parts could not hold out, it would be impossible for the other commandos to do so. It could not be denied that some of the commandos were no longer able to continue fighting. That being the case, even if there were a majority in favour of prolonging the struggle, that majority would have to yield to the wishes of the minority, and for this reason: if the war were to be continued in conformity with the wishes of the majority, and if the minority were to be compelled to surrender (and nobody would be surprised at this), then the majority would find themselves too weak to go on fighting. Thus there were clear reasons why the war must be ended. Moreover, its continuation would involve not only the national but also the moral death of the Republics. But it was still to be proved that a continuation of the war was even possible; for himself he feared that it was not so, and if fight he must he could only fight without hope and without heart. If he were now to go back to his burghers, and they were to ask him why he persisted in the war, and he was compelled to reply that he was doing so on the strength of opinions expressed in newspapers, and on the encouragement given to the cause of the Republics in their pages, he would be told that he was building on sand. Again, he feared that if the war were to be continued, detached parties would be formed which would try to obtain terms from the English for themselves. And should the commandos in time become so weak as to be forced to surrender unconditionally, what then would be the fate of the officers? Would they not lose everything, and be banished into the bargain? Let no one think, however, that he was trying merely to do what was best for himself. No. There was now a chance for negotiating; should the meeting let slip that chance, unconditional surrender would most certainly result, and that would be disastrous to all. He hoped that he would not be misunderstood; if the meeting decided to go on with the war, he, for one, would not lay down his arms. No, he would actively prosecute the war, and operate in conjunction with the other generals. But what would be the use of it: he sided with those who held that the struggle could no longer be carried on.

Commandant Rheeder (Rouxville) wished to reply to those who demanded reasons for the continuation of the war. One reason, he said, was to be found in the fact that England would not allow them to have any communication with the deputation in Europe; that meant that something advantageous to us was being held back. Another was the consideration of what their descendants in time to come would say. "How is it," they would ask, "that we are not now free men? There were a large number of burghers in the veldt to continue the war—what has become of our independence?" And what answer shall we be able to make?—we whose courage failed us before such tremendous odds, and who laid down our arms when victory was still possible? The speaker would only be satisfied if the meeting were unanimous for stopping the war, not otherwise. He thought of the families. How would the delegates face their families on their return, after the sacrifice of independence? He considered that the commandos should leave those districts where resistance was no longer possible and go to others. If to discontinue the war meant to surrender independence, then the war must not be discontinued.

Vice-President Burger said that he had not heard from the last speaker any reasons whatsoever for continuing the war.

Commandant Rheeder then remarked that if they wanted to surrender their country they should have done so earlier, when the burghers were not entirely destitute. But now nothing was left to them. As to the narrowness of the field of operations, there was still room enough to fight.

Commandant P.L. Uijs (Pretoria) referred to the frequent allusion which had been made to their European deputation. That deputation was now in Holland, and must know if anything was going on there to the advantage of the Republics. If there were any hopeful signs there, their comrades would certainly have informed them. They had not done so, and therefore the meeting should dismiss this subject from its thoughts.

The meeting then adjourned until 7.15 p.m.

Upon reassembling, Commandant Cronje (Winburg) said that he would not detain the meeting for long; he only wished to say a very few words. It had been rightly said that they were passing through a momentous period of their history. To his mind the present was the critical epoch in the existence of the African nation, whose destinies they had now to decide. Delegates were asking what hopes they could now entertain. But what grounds for hope were there when the war began? In his opinion there were none. It was only that men believed then that Right was Might, and put their trust in God. And God had helped them. When the enemy had entered their country everything was dark. There had been a day on which more than four thousand men had surrendered. Then, even as now, they had been without hope. Then, even as now, those who wanted to continue the war had been told that they were mad. That had been some two years ago, and yet the war was still going on. Then, even as now, there had been no food, and yet they had managed to live. The delegates represented a free people; let them not take a step of which they would afterwards repent. As regarded intervention, he had often said that one could not rely on it. But they could rely on God. When he returned to his burghers, and was questioned as to his reason for the course of action which he had advocated, he hoped to be able to answer, "Belief in God." There had always been times when there was no food, and yet they had always managed to live. A deputation had been officially sent to Europe, and was now there to represent their interests. Had the meeting lost its confidence in that deputation? Did it not realize that if the case of the Republic was hopeless in Europe the deputation would send word to that effect? It had been said that by continuing the war they would be exterminating the nation. He did not believe this. The way to exterminate the nation was to accept the British proposal. To go on with the war was their only policy, and it was a very good policy. The deputation had claimed that their advice should be taken before any negotiations were attempted. What right, then, had the delegates to give up the war on the basis of the proposal now before them? To do so was to give the death blow to their national existence; later on they would have cause to rue it. Moreover, the proposal did not safeguard the interests of their brethren in Cape Colony. Again, landed property belonging to burghers had already been sold, and in all probability these burghers would never see any of the proceeds. The sum (L3,000,000) which the proposal offered to compensate for all damages, was not sufficient to cover damage already done. For these and other reasons the proposal could not be accepted. No other course was open to them except to reject the proposal and to continue hostilities.

General Froneman (Ladybrand) agreed with the last speaker. He loved his country, and could not think of surrendering it. The reasons which had induced them to begin the war were still in force. He had been through the whole campaign, and saw stronger reasons now than ever before for the continuing of the war. His districts, like those of others, were exhausted, and yet his burghers remained in the veldt. He had been present at the surrender of the four thousand; he had seen General Cronje give up his sword. Those had been dark days, but the struggle still went on; they could still keep on their legs. It had been God's will that this war should take place. Prayers had been offered that it might be averted, but God had ruled it otherwise. Therefore they must carry the war through, and never think of surrender. They were Republicans. What would it be to have to give up that name for ever? He had consulted his burghers and their women-folk; he had asked them, "What conditions of peace will you accept?" They had answered, "No peace at all, if it means any loss of independence." And so, before he could vote for peace, he would have again to take the opinion of his burghers.

Veldtcornet B.H. Breijtenbach (Utrecht) urged that a definite yes or no must be given to the question, Is the war to continue? The general condition of the country had been laid before the meeting, and it had been clearly shown that its condition made the carrying on of the war impossible. One could not escape from that fact. Why then should they argue any longer? What reason had they for wishing to prolong this struggle? They surely would not do so blindfold. Unless good reasons could be alleged for continuing it, the war would have to be stopped. As those good reasons were not forthcoming, he would vote with those who were for peace. To continue the war would be a crime. Some of the last few speakers had stated that there had been no sufficient reasons for commencing the war. That might be true. They might have been over-confident then. Be that as it might, they certainly had lost so much ground since then that they must now give up the struggle. This was his irrevocable opinion. It had been clearly shown that fourteen commandos were unable to continue in the veldt. This made peace a necessity, for what was to be gained by continuing a struggle without a proper army. The war might last a few months longer, but it must end then—and end in disaster.

Commandant W.J. Viljoen (Witwatersrand) said that some speakers were for and others against the continuation of hostilities. The first were guided by faith alone; the second had brought forward definite grounds for their opinion. A year ago both parties had been inspired by faith, but what had been the result? He would be glad enough to be convinced, but those who wished to continue the war must show grounds for such a line of action.

General De la Rey would only say a few words. He had received definite instructions before he went to his burghers neither to encourage nor discourage them, whatever they might say at their meetings. He had strictly observed these instructions, and had never attempted to influence them. There were present among the delegates nine men (one being from Cape Colony) who represented his burghers, and who would testify as to their state of mind and temper; he need not therefore say anything. The delegates could bear witness how full of courage the men were. Nevertheless, the war could not be continued. Say or do what they would at that meeting, the war must cease. Some had talked about faith. But what was faith? True faith consisted in saying, "Lord, Thy will, not mine, be done." They must bow before the will of God. The delegates, he continued, must choose one of the three courses which were open to them. It would be a great calamity if they were to decide to surrender unconditionally. Had it been necessary to do so it should have been done while they still possessed something. Should they then continue the war? But the question as to what would become of the people under those circumstances must be faced—to continue fighting would be the ruin of the nation. The delegates might go away determined to fight, but the burghers would lay down their arms, and the state of affairs which would thus ensue would not redound to their honour. But the British Government offered guarantees; it would help the nation so that the nation might help itself. If any one were to say now, "Continue fighting," he and his generals might have the heart to do so if they kept their minds fixed on their recent exploits. For himself, however, he would refuse absolutely to accede to that request. And what real advantage had accrued from his successes in the veldt? What had followed on them? All his cattle had been taken away, some three hundred of his men had been killed, wounded, or taken prisoner. Some of the delegates set their hopes on the European deputation, but what did that deputation say a year ago? It said that all depended on their continuing to fight. They had continued to fight. What more, then, was there left for them to do? Some gentlemen present had definite mandates from their burghers, who very likely had no knowledge of the actual state of affairs when they gave those mandates. He himself had not known at that time in what a plight the country was. He challenged each and all of the delegates to show their burghers the proposal of the British Government, and then to see if those burghers were not in favour of unconditional surrender. But if the meeting insisted on the continuation of hostilities, the nation would be driven into hands-upping; thus the war would end in dishonour and disgrace.

Landdrost Bosman (Wakkerstroom) was glad that General De la Rey had spoken out so boldly; it was every one's duty to do so. He himself also was against the continuance of the war.

Although it had been said that the war had been begun in faith, it ought not to be forgotten that it had also been begun with hope of intervention, as was shown by the sending of the deputation to Europe—that deputation which, as they had often heard, had done so much good work. Another proof that there had then been hope of intervention was that the burghers had ordered the delegates to keep them in communication with the deputation. And that they had not relied exclusively on faith at the beginning of the war was shown by the fact that they had founded great hopes on what their brethren in Cape Colony might accomplish. These hopes had now been dissipated by General Smuts, who had just said that there was no chance of a general insurrection.

Again, could the war be continued when their commandos were so much weakened, and when food was so scarce? It was nonsense to say that food had been scarce a year ago; there had been a sufficiency then, and at the present time there was not. One could ride from Vereeniging to Piet Retief without seeing more than two or three herds of cattle. Moreover, the women and children were in a most pitiable condition. One delegate had spoken against any scheme which would be as it were a trampling on the blood which had already been spilt—he shared that delegate's sentiments; but he considered that to shed yet more blood in a cause which was to all appearance hopeless would be still more reprehensible. He should prefer not to enter into the religious aspect of the question. It was difficult to fathom the purposes of God; perhaps it might be the Divine will that they should lose their independence. All that they could do was to follow the course which seemed to be good and right. Were they, then, to surrender unconditionally? He would say no. It would be giving the enemy opportunities for doing things from which they might otherwise desist. Moreover, by voting for such a policy the leaders would incur the displeasure of the nation. In choosing what course they would pursue the delegates should let nothing else sway them save the good of the nation. They must not be carried away by their feelings; they must listen only to the voice of reason.

Commandant H.S. Grobler (Bethal) felt that, under the circumstances, the war could not be continued. It had already reduced them to such straits that they would soon have to fly to the utmost borders of their territories, leaving the enemy unopposed in the very heart of the country. At the beginning of the war they had not relied on faith alone; there had also been guns, war material and provisions. But now none of these things were left to them. It was terrible to him to think that they must sacrifice the independence of their country. He was a true son of his country, and could not consent to the surrender of her independence unless that were the only way of saving the women and children from starvation. But it was not only the women and children who were on the verge of starvation; the burghers still left in the laagers were in the same predicament. What, moreover, was to happen to the prisoners of war, if the struggle were to be continued? And to the families in the camps? The delegates must not forget those families. If the people generally were dying a national, the families were dying a moral, death. It was a sad thought that there were among their women in the camps, many who were thus losing their moral vitality. It was a thought which should make them determined to conclude the war.

Commandant Van Niekerk (Ficksburg) said that his commandos had commissioned him to hold out for independence. The proposal of the British Government could not be accepted. They must take no hasty step. If they persevered in the war, the enemy would grant them better terms. All they had to do was to act like brave men.

General J.G. Celliers (Lichtenburg) had already told the meeting what mandate he had received from his burghers. But he was there to do the best he could for the nation as a whole. The condition of the country was very critical. The fact that his own commandos were faring well was not a sufficient reason for continuing the war. He must take all circumstances into consideration. He had said that he was in favour of an arrangement by which peace should be made without the sacrifice of independence. Such an arrangement they had attempted to bring about. They had elected a Commission, which had done all in its power to give effect to their wishes in this matter. And the result was the proposal of the British Government now lying before them. That was what the Commission had obtained for them. Which of them could say that he could have obtained better terms for the people than those contained in that proposal? Or that, if the war were to be continued, the people would gain any advantage which that proposal did not give them? It had been said that the deputation in Europe had encouraged the burghers in their prolonged struggle. The last message they had received from the deputation had been: "Go on till every remedy has been tried." Could that be called encouragement? It had also been said that the nation must have faith. He admitted the necessity—but it must not be the sort of faith which chose what it would believe, and what it would disbelieve. They must be prepared to believe that it might be the will of God that they should yield to the enemy. As he had more insight into the state of affairs than his burghers, and therefore was better qualified to form a judgment, he did not feel himself bound by their mandate. Had the burghers known what he now knew, they would have given him a very different commission. He felt that it was a serious thing to continue sacrificing the lives of his fellow-countrymen. Moreover, however dear independence might be, it was useless to attempt impossibilities. Their one aim should be to safeguard the interests of the nation. His vote would be with those who were for accepting the proposal of the British Government.

Commander-in-Chief de Wet was the next to address the meeting. His speech was as follows:—

"As I feel it to be my duty to speak out all my mind before this meeting, I shall go back to the very beginning of the war. And recalling my feelings at that period, I can say that I had less hope then for intervention than I have now. I do not mean to say that I am sanguine about it even now; but I know to-day, what I did not know then, that great sympathy is felt for us by other nations. Even in England this sympathy is to be found, as is shown by the largely-attended 'Pro-Boer' meetings which have been held in that country. And that the feeling in our favour is widespread is evident from the reports which we received by word of mouth from the messenger to whom the deputation entrusted its recent letter, for we cannot believe that the deputation would have employed an unreliable person. And what did that messenger say? Among other things, he said that our cause was winning new adherents every day. It may be asked, however, why the deputation did not send a report of its own? I reply that it had its hand upon the pulse of the Governments, and that the information it was thus gaining was of such a character that it could not be entrusted to any messenger whatsoever. Perhaps the deputation was unable in any way to communicate what it knew to us—it would never do to noise abroad the secrets of European policy. The silence of the delegates ought not, then, to discourage us; on the contrary, we should regard it as a hopeful sign.

"If there is any one man who feels deeply for the critical condition of our country, I am that man. And critical our condition certainly is; so that I am not surprised that some of us are asking, 'What hope have we now in continuing the struggle?' But I would ask another question: 'What hope had we at the beginning of the war?' Our faith in God—we had nothing else to rely on! At the very outset of the war I knew that we, with our forty-five thousand troops, were engaged in a contest against a nation that had no less than seven hundred and fifty thousand men under arms, and who could easily send against us a third of that number. And to counterbalance the terrible odds against us, we had nothing, as I knew, but our faith. At that time there were some who expected that effectual help would come from Cape Colony. I was never deluded by this hope. I knew of course that there were men there who would fight with us against England; I knew how much those men sympathized with our cause; but I also knew that the circumstances of that country would make it impossible for the colonists to help us more than they have, as a matter of fact, done. No! God was our one Hope when the war began. And if, when the war is over, victory lies with us, it will not be the first time that faith in God has enabled the weaker nation to overthrow the stronger.

"Those of you who urge that the war should be discontinued, ask us, who are for carrying it on, what tangible reason we have for our hope. But what tangible reason for hope was there at the beginning of the war? Are our affairs darker now? Quite the contrary—miracles have been worked in our favour during the last twenty-two months. General Botha wrote to me some time ago, saying that the scarcity of ammunition was causing him much anxiety. And he had good cause for that anxiety—ammunition was exhausted. When a burgher came to me at that time with an empty bandolier, it absolutely terrified me. But now, to use an expression of General Joubert's, my pleasure is tempered with shame when I think of the plentiful store of ammunition which we possess. I am not angry with those of my compatriots who ask for reasons—I give my reasons—nor have I given a thousandth part of them.

"The enemy has already made us some concessions. There was a time when Lord Salisbury said that the English Government would be satisfied with nothing short of unconditional surrender. He does not say so to-day. England is negotiating with us—that is to say, she shows signs of yielding to our demands. If we continue the war, England will negotiate again; she will offer still more favourable terms; she will not even stick at independence.

"Do you want more of my reasons? Look back once more upon our past history, and you shall find them. Recall the time when the Transvaal was at war with England. At that time we did not know the English so well as we now know them; we had only thirteen cartridges for each man; and there were the so-called 'Loyalists'—a chicken-hearted crew—to hamper us. Faith was our only support then—and you all know how that war resulted.

"I am asked what I mean to do with the women and children. That is a very difficult question to answer. We must have faith. I think also that we might meet the emergency in this way—a part of the men should be told off to lay down their arms for the sake of the women, and then they could take the women with them to the English in the towns. This would be a hard expedient, but it may be the only one possible.

"America has been referred to by some of the speakers, who have compared our circumstances with those of the United States, when they made war upon England. The comparison is, in one respect at least, an apt one, for we also have large territories to which we can always retreat.

"As to Europe—we know little of the condition of things there. Our information about Europe comes only from newspapers, and 'Jingo' newspapers at that. If there is not a great deal going on in Europe which England wants to hide from us, why is she so careful not to let us see European journals? If there were anything in them unfavourable to our cause, England would flood our country with them in her own interests. We must also note that England will not permit our deputation to return to us.

"Taking all these facts into consideration, and remembering that the sympathy for us, which is to be found in England itself, may be regarded as being, for all practical purposes, a sort of indirect intervention, I maintain that this terrible struggle must be continued. We must fight on, no matter how long, until our independence is absolutely secure."

General Beijers (Waterberg) said that he had to give an answer to the question whether he ought to follow his reason or his conscience; he could only reply that conscience had the first claim upon him. If he were to perish whilst following the guidance of reason, he would feel that he had been unfaithful; whereas, were he to die whilst obeying the dictates of conscience, he would not fear death. Martyrs of old had died for their faith; but he feared that the martyr spirit was now only to be met with in books! Those martyrs had died, and with their death it had seemed that all was lost; but the truth, for which they had given up their lives, had lived!

But how is it now with us? We think our cause a righteous one, but are we willing to die for it? Some spoke of our existence as a nation—but whether that were to be preserved or lost, did not lie with us—it was in the hands of God—He would take care of it. Right must conquer in the end. They must take care to be on the side of right, should it even cost them their lives. He agreed with those who said that, even if the present deliberations were to come to nothing, they would have another chance, later on, of negotiating. This had been proved by what had already happened. General de Wet had shown them how Lord Salisbury had gone back upon his first demands; he (General Beijers) could tell them that on one occasion Lord Roberts had declined even to speak to General Botha—and yet the English were negotiating with them now. He was quite open to conviction, but at present he could not see that the war ought to be stopped. Nevertheless he was not blind to the critical state of their affairs. But their case was not yet hopeless; their anxiety about food, their lack of horses—these were not insurmountable difficulties. They might even find some means by which to save their womenfolk.

No. These difficulties were not insuperable; but there was one difficulty which was insuperable—the present spirit of the nation. When a spirit, be it what it might, inspired or ruled a man, then that man would submit to no other sway. The spirit that now ruled the burghers was a spirit that was driving them over to the enemy. Against that spirit it was impossible to contend. General De la Rey had said that, if the proposal now before the meeting were to be shown to the burghers, they would at once accept it—that was the sort of spirit that was in them, and one must take it into consideration, for he was convinced that it presented an insurmountable obstacle to the continuation of the war.

The meeting was then closed with prayer.

[Footnote 113: See page 363 et seq.]

[Footnote 114: See page 379 et seq.]

[Footnote 115: See page 391 et seq.]

[Footnote 116: See page 395 et seq.]

[Footnote 117: The Boer form of this proverb is: Half an egg is better than an empty shell.]

[Footnote 118: The head fastened to the knee.]

[Footnote 119: Having two legs fastened together.]

FRIDAY, MAY 30TH, 1902.

After the preliminary prayer had been offered, Vice-President Burger said that before beginning the business of the day, it was his sad duty to inform the meeting that the President of the Orange Free State had been obliged to resign, on account of serious illness. President Steyn had been compelled, in order to obtain medical assistance, to put himself in the hands of the enemy. He had further to communicate that Commander-in-Chief de Wet had been appointed Vice-President of the Orange Free State. He wished to express his deep sympathy with the representatives in the severe loss which they had sustained. President Steyn, he said, had been a rock and pillar to their great cause.

Vice-President de Wet having thanked the Vice-President of the South African Republic for his kind and sympathetic words, Mr. J. Naude (the representative of Pretoria, and of General Kemp's flying columns) put some questions with regard to the colonists who had been fighting on the Boer side. These questions were answered by General Smuts. Mr. Naude then asked if the delegates were expected to come to any decision about independence.

General Botha replied that the Governments had informed Lords Kitchener and Milner that they were not in a condition to decide that question—that it was a matter for the nation to settle. The delegates had then gone to their burghers, and now had returned, and were present.

Mr. Naude said that it must therefore have been known at Klerksdorp that the delegates had to decide upon the question of independence. If that were so, he found himself in a difficulty. Either the delegates had been misled, or they were the victims of a mistake, for they had never been told that they had been elected as plenipotentiaries. Notwithstanding all that the lawyers might say, he considered himself as having a certain definite mission. He had obtained the votes of his burghers on the understanding that he would take up a certain position. He had asked them whether independence was to be given up, and they had answered in the negative. He could not therefore vote for the acceptance of the proposal now before the meeting, for that proposal demanded the surrender of independence. His burghers had also insisted on being allowed to keep their arms, and on the use of their language in schools and Courts of Justice, both of which conditions were refused by the British proposal. Since, therefore, he could not agree to the proposal, he was for continuing the war. Some asked what were the chances of success? He remembered the state of feeling among the burghers at Warmebad—that was a dark time indeed. The Commandant-General had paid those burghers a visit, and had told them that they had nothing to lose, but everything to win, by continuing the struggle. That had been enough for them. They had not had much prospect then; they could not see whither their road was leading. But they had found out afterwards. It had been a dark time too when Pretoria was taken, but most of the burghers had remained steadfast. And after the darkness the light had come back. Again a dark cloud was over them—it would pass away, and the light would reappear.

General De la Rey explained that he had not intended to mislead anybody at the gatherings of the burghers. Every document which the Government had handed over to him had been laid before those gatherings. Mr. Naude had asked whether the delegates at that meeting had to decide about independence. Most certainly they had. And to do so was a duty devolving upon Mr. Naude as much as on any other delegate present. They would have to decide, not for their own districts alone, but for the whole country.

Mr. Naude said that he had no wish to free himself from his responsibility, but he could not forget that he had come there with a definite mission.

Judge Hertzog wished again to explain the rights of the question from a legal point of view. One must ask: If the nation were here, what would it wish to be done? And one must act in conformity with what one thinks its answer would be. The Judge then proceeded to speak on the matter in general. What, he asked, were the arguments in favour of continuing the war? In the first place, England was growing weaker just as their own nation was. Any one could see that with their own eyes. It was true as regarded the financial side of the question. No doubt England could still collect millions of pounds, if she wished, but the time would come when she would have trouble with her tax-payers. Already the British Government found it difficult to pay the interest on the sum borrowed for war expenses, as was proved by the fact that a corn tax had been levied in England. That tax would not have been levied unless things had been in a serious condition. In the second place, he would ask how it was they had not been allowed to meet their deputation? It would only have taken the deputation fourteen days to perform the journey; by now it would have been among them. But permission had been refused them. And why? It was said that to grant a permission would have been a military irregularity. But the present meeting was also a military irregularity. There must be something more behind that refusal. But what were the arguments against going on with the war? He would enumerate them—the situation in which they found themselves was critical; the country as a whole was exhausted. Nearly all the horses had died or had been captured. The strongest argument of all, however, was that some of their own people had turned against them, and were fighting in the ranks of the enemy. Then the condition of the women caused great anxiety; a fear had been expressed that a moral decay might set in among the families in the camps. That consideration had great weight with him. No one with any heart could remain indifferent to it. If there was one thing which more than anything else made him respect Commandant-General Botha, it was that the Commandant-General had the heart to feel, and the courage to express, the importance of that consideration. The present war was one of the saddest that had ever been waged. He doubted if there had ever been a war in which a nation had suffered as they had. But all those sufferings, horrible though they were, did not influence his decision. Did he but see the chance of finally securing freedom for the nation, he would put all such considerations on one side, and go on fighting till death. No; it was not the horror of the situation which influenced him; there was something that weighed upon his heart yet more heavily—it was the holding of that meeting at Vereeniging. He reproached no one. Every one had acted with the best intentions. Nevertheless that meeting was a fatal error; it would give them their death blow. For what had it produced—a statement from the lips of the Commandant-General himself that the condition of the country was hopeless. If there were yet any burghers whose courage was not gone, would they not be utterly disheartened when they heard what their leaders had said at that meeting? That was the saddest thought of all. He could understand that those burghers who had already lost heart should be leaving the commandos, but now those who had never yet been disheartened would become so. But notwithstanding all this, it was difficult to feel certain which was the right course to pursue—to give up the war or to continue it. He could only suggest that those who were now in doubt on the matter should support the line of action which, before their doubt began, had appeared to them to be best.

Mr. L.J. Meijer (a member of the Government of the South African Republic) then gave some account of the devastation of that part of the country which lay to the north of the Eastern Railway, and on the further side of the Sabi River. (This report coincided with those already given by the delegates.) He went on to say that as they were all in the dark, and could not see the road they were travelling along, they must take reason and conscience for their guide. They had already lost much: let them not lose everything. And what could they hope to gain by continuing the struggle? To do so might be to throw away their last chance of peace. What would their progeny say of them if they were to persist in the struggle and thus lose everything they had possessed? They would say, "Our forefathers were brave, but they had no brains." Whereas, if they were to stop the war, their progeny would say, "Our forefathers did not fight for their own glory." He pointed out that however little the British proposal contained of what they desired, it nevertheless promised them representative government. In the past he had been against the war; he had wished that the five years' franchise should be granted. Although the people had opposed this measure he had always supported it. And why? Because he had feared that were that measure not conceded African blood would stain the ground. Must they still continue to shed blood? After the capture of Bloemfontein there had been a secret meeting of the council of war at Pretoria. His Government had then been willing to surrender, but the Free State had refused. The two Governments had therefore decided to go on with the war. A year later, in the month of June, there had been another meeting. A letter had been sent to the Free State. The two Governments had met at Waterval, and had once more decided to continue the struggle. Later on, again, the Government of the South African Republic wrote another letter to the Free State; but there had been no opportunity of meeting until the present occasion, which saw them assembled together at Vereeniging. Were they again going to decide to continue their resistance? It was a matter for serious consideration. There was but little seed-corn left. This must, if they had to go on fighting, be preserved from the enemy at all costs; were it to be destroyed, the African nation must cease to exist. But they could not continue the war. It was the Boers now who were teaching the English how to fight against us; Boers now were with the enemy's forces, showing them how to march by night, and pointing out to them all the foot passes.

Commandant Van Niekerk (Kroonstad) pointed out that the Colonists had already rendered them valuable aid, and could still do so. Were they now to abandon these Colonists, and—thinking only about saving themselves—leave them to fight on alone? It would be sad indeed if the burghers were compelled to lay down their arms.

Commandant-General L. Botha said that in regard to the holding of a national meeting, he had already chosen delegates with power to act. He spoke of the state of affairs at the beginning of the war—the two Republics had then at least sixty thousand men under arms. In reference to the Cape Colony, he said that it had never been expected that that country would allow its railways to be used for the transport of troops. The Commandant-General then proceeded as follows:—

"I used to entertain hopes that the European Powers would interfere on our behalf. All that they have done, however, has been to look on while England was introducing all sorts of new methods of warfare, methods, too, which are contrary to all international law.

"When the war began we had plenty of provisions, and a commando could remain for weeks in one spot without the local food supply running out. Our families, too, were then well provided for. But all this is now changed. One is only too thankful nowadays to know that our wives are under English protection. This question of our womenfolk is one of our greatest difficulties. What are we to do with them? One man answers that some of the burghers should surrender themselves to the English, and take the women with them. But most of the women now amongst us are the wives of men already prisoners. And how can we expect those not their own kith and kin to be willing to give up liberty for their sakes?

"As to the deputation, we must remember that it was accredited to all the Powers of Europe. And yet it has only been able to hand in its credentials to the Netherlands Government. Does not this prove that no other Government is willing to receive it? If you need further proof, I refer you to the letter in which the deputation—they were still allowed to write to us then—said: 'There is no chance for us in Europe.' The deputation wanted to be allowed to return home, but our Government advised them to remain in Europe, because their arrival in South Africa would be a death blow to the hopes of many. That is why the deputation is still in Europe. Later on they said that, although they knew that there was no chance of intervention, yet they felt that they ought to persist in their efforts, because of the sacrifices which we had already made. It is possible that a war may arise in Europe from which we shall gain something, but what right have we to expect such a contingency? Moreover, great nations take but little interest in the fate of small ones—indeed, it is to the advantage of the former that the small nations should be wiped out of existence.

"I cannot refrain from alluding to the faithlessness of some of our burghers, who are to be found in the ranks of the enemy. But this is not the only sign of the way in which affairs are trending—I look back on the past. I remember that we have been fighting a full year since we last heard of our deputation. What have we gained since June, 1901? Nothing. On the contrary, we have been going backwards so fast that, if this weakening process goes on much longer, we shall soon find ourselves unable any more to call ourselves a fighting nation. What have we not undergone in the course of this year which is just over! In the concentration camps alone, twenty thousand women and children have died. When I was in Pretoria I received reports from our information office, and otherwise, of our losses. I found that there were thirty-one thousand six hundred prisoners of war, of whom six hundred had died, and that three thousand eight hundred of our burghers had been killed in the war. Is not a loss such as this, in so short a time as two and a half years, a serious matter? Think, too, of the sufferings which those twenty thousand women who died in the camps must have endured!

"I am not deaf to the claims of the colonists who have been fighting for us. I have said that if we surrender our independence, we must provide for them. Should we serve their interests by continuing the war? No, indeed! The best thing for them would be that we should bring it to a close. But if we are absolutely determined to go on fighting, let us at least say to them, 'We advise you to desist.'

"What I am saying now is in substance what I said at Warmbad at a time when there were two thousand men of that district in the Veldt. How many are there now? Four hundred and eighty! On that occasion I also said that we must continue the war until we were driven by sheer starvation to make peace. Well, in some divisions starvation has already come. The delegates themselves have had to confess that our strength up till now has lain in the fact that we have been able to continue the struggle in every district. In this way we have divided the enemy's forces. But if we are compelled to abandon some of our districts, and to concentrate on certain points, then the English also will concentrate, and attack us with an irresistible force.

"It has been suggested that we ought to march into Cape Colony. I know, however, what that would mean—Commander-in-Chief de Wet marched into the colonies. He had a large force, and the season of the year was auspicious for his attempt, and yet he failed. How, then, shall we succeed in winter, and with horses so weak that they can only go op-een-stap.[120]

"What, then, are we to do? Some will reply, 'Go on with the war,' Yes, but for how long? For ten or twelve years? But would that be possible? If in two years we have been reduced from sixty thousand fighting men to half that number, where will our army be after another ten years of war? It is clear enough to me that if we go on any longer, we shall be compelled to surrender. Would it not be better to come to some agreement with the enemy, while we have the opportunity? We have all received the gift of reason; let us use it on the present occasion.

"As far as I and my own burghers are concerned, to continue the struggle is still possible. But we must not only think of ourselves. We must almost think of others. There are, for instance, the widows and orphans. If we accept the terms now offered to us, they will remain under our care. But if we go on with the war until we are forced to surrender, who will then take care of them? Or if we were all killed, what could we do for them? We should not even be able to send a deputation to Europe, to ask for money to help us to rebuild our farms, and to feed our burghers.

"There are three questions now before us—three alternatives between which we have to choose—the continuing of the war, unconditional surrender, and the acceptance of the British proposal. With regard to the first, I fail to see what satisfactory result can come to us from persisting in this unequal contest, which must result in the end in our extermination. As to the choice between the other two, in many ways unconditional surrender would be the better. But, for the sake of the nation, we may not choose it. Although to reject it may involve us in many hardships, yet we must think of nothing else but the interests of the nation. Our only course, then, is to accept the proposal of the English Government. Its terms may not be very advantageous to us, but nevertheless they rescue us from an almost impossible position."

After a short adjournment the delegates again assembled at about 2 p.m.

General C.H. Muller (Boksburg) said that his burghers had sent him to defend their menaced independence. One part of them had authorized him to act as his judgment should dictate; another part had ordered him to hold out for independence and to try to get into communication with the European deputation. He had long ago told his burghers that they must trust in God if they wished to continue the war, for they could not do so by relying only on their guns and rifles. He did not like to think of what they would say if he were to go back to them and tell them that he had not been in communication with the deputation, and that the proposal of the English Government had been accepted. He could not bring himself to surrender. Nevertheless, having in view what the Commandant-General and others had said, he felt that he must do so, for it was impossible for him to prosecute the war single-handed. But could not the delegates continue to stand by one another, and make a covenant with the Lord? The district which he represented was one of the poorest in the whole country, and the L3,000,000 offered by the enemy did not include any provision for those who, like his burghers, could do nothing to help themselves. He would again suggest that the delegates should make a vow unto the Lord. For himself, he could not vote for the acceptance of the British proposal.

General J.H. Smuts then spoke as follows:—

"Up till now I have taken no part in this discussion, but my opinions are not unknown to my Government; we have arrived at a dark period both in the history of our war, and in the course of our national development. To me it is all the darker because I am one of those who, as members of the Government of the South African Republic, provoked the war with England. A man, however, may not draw back from the consequences of his deeds. We must therefore keep back all private feeling, and decide solely with a view to the lasting interests of our nation. This is an important occasion for us—it is perhaps the last time that we shall meet as a free people with a free government. Let us then rise to the height of this occasion; let us arrive at a decision for which our posterity shall bless, and not curse us.

"The great danger for this meeting is that of deciding the questions before it on purely military grounds. Nearly all the delegates here are officers who in the past have never quailed before the overwhelming forces of the enemy, and who therefore are never likely to do so in the future. They do not know what fear is, and they are ready to shed the last drop of their blood in the defence of their country.

"Now if we look at the matter from their point of view, that is to say, if we look at it merely as a military question, I am bound to admit that we shall come to the conclusion that the war can be continued. We are still an unconquered power; we have still about eighteen thousand men in the field—veterans, with whom one can accomplish almost anything. From a purely military standpoint, our cause is not yet lost. But it is as a nation, and not as an army, that we are met here, and it is therefore for the nation principally that we must consult. No one sits here to represent this or that commando. One and all, we represent the African nation, and not only those members of it which are now in the field, but also those who rest beneath the soil, and those yet unborn, who shall succeed us.

"No! We do not only represent our burghers on commando, the troops over which we are placed in command; we represent also the thousands who have passed away, after making the last sacrifice for their country; the prisoners scattered all the world over; the women and children dying by the thousand in the prison camps of the enemy; we represent the blood and the tears of the whole African nation. From the prisons, the camps, the graves, the veldt, and from the womb of the future, that nation cries out to us to make a wise decision now, to take no step which might lead to the downfall or even to the extermination of their race, and thus make all their sacrifices of no avail. Our struggle, up to the present, has not been an aimless one. We have not been fighting in mere desperation. We began this strife, and we have continued it, because we wanted to maintain our independence and were prepared to sacrifice everything for it. But we must not sacrifice the African nation itself upon the altar of independence. So soon as we are convinced that our chance of maintaining our autonomous position as Republics is, humanly speaking, at an end, it becomes our clear duty to desist from our efforts. We must not run the risk of sacrificing our nation and its future to a mere idea which can no longer be realized.

"And ought we not to be convinced that independence is now irretrievably lost? We have been fighting without cessation for nearly three years. It is no exaggeration to say that during that period we have been employing all the strength and all the means which we possess, in the furtherance of our cause. We have sacrificed thousands of lives; we have lost all our earthly goods; our dear country is become one continuous desert; more than twenty thousand of our women and children have perished in the camps of the enemy. And has this brought us independence? Just the reverse; it is receding further and further from us every day. The longer we fight, the greater will be the distance between us and the aim for which we are fighting.

"The manner in which the enemy has been conducting, and still continues to conduct, this war, has reduced our country to such a state of exhaustion, that it will soon be a physical impossibility for us to fight any longer. Our only hope lies in the chance of help from outside. A year ago I, in the name of my Government, communicated the condition of our nation to His Honour States-President Kruger, in Europe. He wrote in reply that we must rely on the state of affairs in Cape Colony—and the sympathy of European nations—and that we must continue the war until all other means were exhausted."