Chapter LXXXIX: Section 29 (9)

"His Excellency.—There are a great many objections of the
gravest kind to the process by which men may now obtain
burgher rights. First of all, before he can begin the process
of gradually securing burgher rights—which will be completed
in 14 years at present, and in 9 years according to the
President—he has to forswear his own allegiance. Take the case
of a British subject, which interests me most. He takes the
oath, and ceases to be a British subject by the mere fact of
taking that oath; he loses all the rights of a British
subject, and he would still have to wait for 12 years, and
under the new plan 7 years, before he can become a full
citizen of the Republic. British subjects are discouraged by
such a law from attempting to get the franchise. Even if they
wanted to become citizens, they would not give up their
British citizenship on the chance of becoming in 12 years
citizens of the Republic.

"President.—The people are the cause of that themselves. In
1870 anyone being in the land for one year had the full
franchise.

"His Excellency.—That was very liberal.

"President.—In 1881, after the war of independence, some of
our officials and even members of our Raad then said that they
were still British subjects, although they had taken the oath
of allegiance, and I had to pay back, out of the £250,000,
what I had commandeered from them. That was the reason the
oath had to be altered. …

"His Excellency.—In 1882, after all this had happened, there
was a franchise law in the Transvaal, which demanded five
years' residence, but it did not require the oath that is now
taken. It required a simple declaration of allegiance to the
State, though all this that the President refers to happened
before. Why was not it necessary to introduce this alteration
then?

"President.—The people who, before the annexation, had taken
that oath, but had not forsworn their nationality, 1887, sent
a lying memorial, as they are sending lying memorials now, to
say that everybody was satisfied, as they now say that
everybody is dissatisfied.

"His Excellency.—I think I must just explain a little more
clearly my views on the point we are now discussing. … I think
it is unreasonable to ask a man to forswear one citizenship
unless in the very act of giving up one he gets another, and I
think it is also unnecessary to ask him to do more than take
an oath of fealty to the new State, of willingness to obey its
laws and to defend its independence, when it is known and
certain that the taking of that oath deprives him of his
existing citizenship. I think the oath should be a simple oath
of allegiance, and that it should not be required of a man
until the moment he can get full rights in a new State. Now
that was the position under the law of 1882, and all these
reasons which the President has been giving are based on what
happened before that.
{483}
Why were they not considered and acted upon when the law of
1882 was made? … As for the period required to qualify for the
full franchise, I do not see why the length of time should be
longer in the South African Republic than in any other South
African State. They are all new countries. In the new country
which is springing up in the north, and which is getting a new
Constitution this year, the period is one year. The people who
have conquered that country for the white race may find that
the newcomers are more numerous than they are. But I do not
expect that anything like that will be done in the South
African Republic; something far short of that would be
reasonable. What I do think and desire, and that is the object
of my suggestion, is this: that the numerous foreign population
engaged in commerce and industry—to which the country, after
all, owes its present great position in wealth and influence—
should have a real share in the government of the Republic,
not to over-rule the old burghers—not at all—but to share the
work of Government with them, to give them the benefit of
their knowledge and experience, which is in many cases greater
than that of the old burghers, so that through their gradual
co-operation a time may come when, instead of being divided
into two separate communities they will all be burghers of the
same State. It is not enough that a few people should be let
in. It is obvious, however, that you could not let in the
whole crowd, without character or anything—I do not ask
it—but you want such a substantial measure that in elections
of members of the Volksraad the desires of the new industrial
population should have reasonable consideration. They have not
got it now, and when the questions that interest them come
before the Volksraad it is too evident that they are discussed
from an outside point of view. The industrial population are
regarded as strangers. … I do not want to swamp the old
population, but it is perfectly possible to give the new
population an immediate voice in the legislation, and yet to
leave the old burghers in such a position that they cannot
possibly be swamped.

"President.—I hope you will be open to conviction on that
point. I would like to convince you on the subject, and to
show you that it would be virtually to give up the
independence of my burghers. In the Republic the majority of
the enfranchised burghers consider they are the masters. Our
enfranchised burghers are probably about 30,000, and the
newcomers may be from 60,000 to 70,000, and if we give them
the franchise to-morrow we may as well give up the Republic. I
hope you will clearly see that I shall not get it through with
my people. We can still consult about the form of oath, but we
cannot make the time too short, because we would never get it
through with the people—they have had bitter experience. I
hope His Excellency will think about what I have said, and
weigh it well.

"His Excellency.—I see your point, and want to meet it.

"President.—I will think over what has been said, and will try
and meet every difficulty.

At the opening of the Conference on the second day the
President spoke of reports of an increase of British forces in
South Africa, which the High Commissioner assured him were
untrue. The latter in turn referred to accounts that had
appeared of an extensive purchase of arms in the Transvaal;
and was assured by the President that the armament of the
burghers was only for their proper preparation to deal with
the surrounding natives. The President then produced a
memorial purporting to be signed by 21,000 Uitlanders,
contradictory of the representations contained in the memorial
sent to the Queen in March (see above). After discussion upon
this, the conversation returned to the question of the
franchise.

"His Excellency.—What makes this whole discussion so difficult
is the intense prejudice on the side of the present burghers,
and their intense suspicion of us. They think Her Majesty's
Government wants to get their country back in one way or
another. Her Majesty's Government does not; but what it does
desire is that it should have such a state of rest in the
country as will remove causes of friction and difficulty
between the Republic and Her Majesty's possessions in South
Africa, and the whole of the British Empire, and my
suggestions here are directed to that end. I do not want to
say it over and over again, I say it once for all. …

"President.—I should like to make a slight explanation to His
Excellency. His Excellency yesterday mentioned that in some
States those going in from outside speedily got burgher
rights, but he must not forget, as I said before, they are
glad of the people who come in. But, here we have all nations
and all kinds, and if they were to get burgher rights quickly
then that would be the end of our independence, and then they
could send us away where they liked. I would like His
Excellency to bear that in mind.

"His Excellency.—I do not see how the old burghers can have it
both ways. They cannot have a very large population streaming
in to develop the resources of the country, and giving it a
much higher position in the world than it would otherwise
have, and at the same time exclude these people from
participation in the Government of the country.

"President.—Your Excellency must bear this in mind. There is
no Gold Law in the world that is so liberal as that of the
Republic."

The President then recurred to the right which the Uitlanders
might obtain, of voting for the Second Volksraad after two
years, and becoming eligible to seats in it after four years,
and said that it was in the Second Volksraad that their own
interests were dealt with—not in the First. The High
Commissioner asked if the Second Raad could act without
consent of the First. The President acknowledged that the
latter could alter any law which "appears to be against the
general welfare," but contended that it had no wish to go into
gold field matters, though it has the power, and that it had
interfered with action of the Second Rand in but three or four
instances. The High Commissioner remarked that Uitlanders who
abandoned their own nationality to wait years for full
citizenship in the Republic might have the latter prospect
taken away from them at any moment by a single resolution of
the First Raad. The President replied: "They haven't done it
yet. The legislatures of all the world have the same power."
To which the High Commissioner made answer: "This power
existing, the new comers cannot be expected—I should not
recommend one of them—to give up his present citizenship for
the mere chance of becoming a citizen of the new country."

{484}

"His Excellency.—If the President thinks we are asking too
much … I must report to Her Majesty's Government that the
President rejects our friendly suggestions.

"The President.—I would be misleading you if I should tell you
that I can give all the strangers the franchise in a very
short time. I would consider that our independence was
sacrificed thereby: but I say this, let His Excellency keep
impartially in view my points of difficulty, and let him make
his proposals and submit them to us, so that we can consider
them and judge about them. … I have already said that perhaps
means may be found to alter the form of oath. … I would now
like His Excellency to propose a scheme.

"His Excellency.— … What I suggest is this: That every
foreigner who can prove satisfactorily that he has been
resident in the country for five years, and that he desires to
make it his permanent place of residence, that he is prepared
to take the oath to obey the laws, to undertake all the
obligations of citizenship, and to defend the independence of
the country, should be allowed to become a citizen on taking
that oath. This should be confined to persons possessing a
certain amount of property, or a certain amount of yearly
wages, and who have good characters. In order to make that
proposal of any real use for the new citizens who mostly live
in one district in the Republic, and a district which only
returns one member in 28 to the First Raad, and one in 28 to
the Second Raad, I propose that there should be a certain
number of new constituencies created, the number of which is a
detail upon the discussion of which I will not now enter. But
what is vital from my point of view is that the number of
these districts should not be so small as to leave the
representatives of the new population in a contemptible
minority.

"President.—With us the majority of the enfranchised burghers
constitutes the ruling voice, and must be listened to in the
Volksraad. If the 60,000 came in immediately, they would swamp
the 30,000. … I mean this: that if they are all enfranchised then
they would at once form the majority of the whole population,
and the majority of enfranchised burghers, according to our
law, must be listened to by the Volksraad; since in a Republic
we cannot leave the sovereign voice out of account.

"His Excellency.—This is pure theory, that the Volksraad have
to do what the majority of the people desire. The Volksraad
does what it considers right in its own eyes; it is elected by
the people, and does what it thinks right, and the President has
made it quite clear during the last year or two that anything
the Volksraad does is law."

At an afternoon meeting on the same day, there was a long
discussion of the dynamite grievance of the Uitlanders, and
the President wished to bring up other points; but the High
Commissioner objected:

"His Excellency.—I think the discussion will be of
interminable length if we are to proceed in this way, and if
we cannot approach one another on the point on which I have
made my suggestions, and which lies outside all the pending
questions between the two Governments, these other
controversies may as well be allowed to go on in the usual
course. If the President to-morrow will give me an answer on
the first subject I raised, and then wishes to bring forward
his grievances, I will consider them to-morrow. I do not want
to go on with a long list of my own until I understand what is
the basis on which I stand in regard to what I consider the
most important question of all.

"President.—I think it would be as well if we returned in a
little while to discuss our points, but I would like to give
His Excellency some things to think over. The first point I
would like to mention is my wish that Swaziland should now be
handed over to me as a portion of my land. … Secondly, the
demand made with regard to the damages for the Jameson Raid,
Mr. Chamberlain said he was against paying the million, but he
is not against paying the expenses incurred. Thirdly, that
differences such as those now existing between us, should be
settled by arbitration, and then no war or quarrel could arise
between us. … These are some of the questions I wish His
Excellency to think about."

At the opening of the Conference on the third day, the
President sought to commit the High Commissioner to an
"understanding," that "if we came," he said, "to some
agreement on the franchise Her Majesty's Government then would
engage not in any way to concern itself with internal affairs in
the Republic any longer, and that in future questions that
then may arise, whether out of the Convention or otherwise,
Her Majesty would agree to have such questions referred to
arbitration." The High Commissioner declined to deal with the
subject of the franchise as a matter of "bargain." It was a
subject of grievances and discontent, dangerous to the
Republic and dangerous to the relations between the Republic
and Great Britain, which ought to be dealt with on its merits
alone. Nevertheless, after some controversy, he said:

"His Excellency.— … As far as the Jameson Indemnity is
concerned I know that a despatch is on the way to me at this
present moment, which forwards a statement from the British
South Africa Company examining the details of the claim which
has been sent in, and asking that the question of the amount
payable in respect of the Raid may be submitted to
arbitration. I have received a telegram that that despatch is
coming. The position is this—the British Government have
admitted in principle that the Company must pay what is fairly
due on account of that raid; but the question of the amount is
still under discussion, and I hope that this proposal will lead
to a settlement. As to the question of arbitration, which I
think is the matter that interests the President most, I am in
so far entirely with him that I want if possible to have in
future as few questions to discuss with the Government of the
South African Republic, as I now have with the Government of
the Orange Free State. I feel that the President will need, if
he accepts my scheme of franchise, or any other similar
proposal, to have some assurance that there shall not be
perpetual controversies between him and England, and that if
there are controversies, some regular way of dealing with them
should be devised.
{485}
The President once proposed that some question, or a number of
questions, should be submitted to the President of the Swiss
Republic. The British Government refused that on the general
principle—from which I am sure they will not depart—that they
will not have any foreign Government, or any foreign
interference at all, between them and the South African
Republic. But if some other method can be devised of
submitting to an impartial tribunal questions that may in
future arise between us, and perhaps even some questions which
exist at present—but in any case to provide for the future—if
such a plan can be devised and suggested to me, I will lay it
before Her Majesty's Government and do what I can personally
to assist in a satisfactory solution of the matter. The
President must understand that I cannot pledge Her Majesty's
Government in any way on this subject. The question has taken
me by surprise; I didn't come here contemplating a discussion
on it, but I must say if it could be satisfactorily arranged
while excluding the interference of the foreigner, it would
seem to me to open a way out of many difficulties. But all the
same, I adhere firmly to my proposal that we should first try
and settle on the scheme which the President would accept as
regards the matter which I put forward."

At the close of the morning interview, both parties expressed
hopelessness of agreement. On meeting again in the afternoon,
the President submitted in writing the following proposals
concerning the franchise: "As the purpose I had in view at
this Conference principally consists in the removal of
existing grounds of disagreement and further to provide for
the friendly regulation of the way of settling future disputes
by means of arbitration, the following proposals with regard to
the franchise must be considered as conditional and dependent
on the satisfactory settlement of the first mentioned points,
and on the request that my request to incorporate Swaziland in
the South African Republic shall be submitted by the High
Commissioner to Her Majesty's Government. Subject to the
foregoing I undertake to submit without delay to the approval
of the Volksraad and the people the following proposals about
the franchise:

"I. Every person who fixes his residence in the South African
Republic has to get himself registered on the Field-cornets'
books within fourteen days after his arrival according to the
existing law; will be able after complying with the conditions
mentioned under 'A.,' and after the lapse of two years to get
himself naturalised; and will five years after naturalisation,
on complying with the conditions mentioned under 'B.,' obtain
the full franchise.

"A.—
1. Six months' notice of intention to apply for naturalisation;
2. Two years' continued registration;
3. Residence in the South African Republic during that period;
4. No dishonouring sentence;
5. Proof of obedience to the laws; no act against Government
or independence;
6. Proof of full State citizenship and franchise or title
thereto in former country;
7. Possession of unmortgaged fixed property to the value of
£150 approximately, or occupation of house to the rental of
£50 per annum, or yearly income of at least £200. Nothing,
however, shall prevent the Government from granting
naturalisation to persons who have not satisfied this
condition;
8. Taking of an oath similar to that of the Orange
Free State.

"B.—
1. Continuous registration five years after naturalisation;
2. Continuous residence during that period;
3. No dishonouring sentence;
4. Proof of obedience to the laws, &c.;
5. Proof that applicant still complies with the condition A(7).

"II. Furthermore, the full franchise shall be obtained in the
following manner:—
(a.)
Those who have fixed their residence in the South African
Republic before the taking effect of Act 4, 1890, and who get
themselves naturalised within six months after the taking
effect of this Act on complying with the conditions under 1A,
shall obtain the full franchise two years after such
naturalisation on proof of compliance with the conditions
mentioned under 1B (altering the five into two years). Those
who do not get themselves naturalised within six months under
Article 1,
(b.)
Those who have been resident in the South African Republic for
two years or more can get themselves immediately naturalised
on compliance with the conditions under 1A., and shall five
years after naturalisation obtain the full franchise on
compliance with the conditions under 1B.
(c.)
Those who have been already naturalised shall five years after
naturalisation obtain the full franchise on compliance with
the conditions under 1B."

At the meeting next day, the High Commissioner presented to
the President a written memorandum in reply to the proposals
of the latter. He admitted that "the scheme proposed is a
considerable advance upon the existing provisions as to
franchise," but said that he could not recommend its
acceptance as adequate to the needs of the case. "Under this
plan," he continued, "no man who is not already naturalised,
even if he has been in the country 13 or 14 years, will get a
vote for the First Volksraad in less than 2½ years from the
passing of the new law. There will be no considerable number
of people obtaining that vote in less than five years, that is
if they come in and naturalise. But I fear the majority of
them will not come in, because the scheme retains that
unfortunate provision, first introduced in 1890, by which,
owing to the two stages—first, naturalisation with a partial
franchise, and then, after five years, full franchise—a man
has to abandon his old citizenship before he becomes a
full-fledged citizen of his new country. My plan avoided this.
My doctrine is that, however long a period of residence you
fix before a man becomes a citizen of your State, you should
admit him, once for all, to full rights on taking the oath of
allegiance. And this is especially important in the South
African Republic, because, owing to the facility and frequency
with which laws—even fundamental laws—are altered, the man who
takes the oath and thereby loses his old country will never
feel quite sure that something may not happen in the interval,
when he is only half a citizen, to prevent his becoming a whole
one. The vote for the First Volksraad is the essential point.
According to the present constitution of the Transvaal, the
First Volksraad and the President really are the State. But
under this scheme it will be a considerable time before any
number of Uitlanders worth mentioning can vote for the First
Volksraad, and even then they will only command one or two
seats. My point was to give them at once a few
representatives. They might be a minority, even a small
minority.
{486}
I have said over and over again I do not want to swamp the old
burghers. But as long as the representatives of the new comers
are entirely excluded from the supreme legislative council,
they will, as a body, remain an inferior caste. The
co-operation and gradual blending of the two sections of the
population will not take place. The old separation and
hostility will continue. I see no prospect here of that
concord to which I had looked both to bring about a more
progressive system of government, and to remove causes of
friction between the Government of the South African Republic
and Great Britain. For these reasons I regret to say the
scheme seems to me so inadequate that I think it would be
wasting the time of the Conference to discuss its details."

The President rejoined in another memorandum, which added one
more to his former proposals, namely this: "I am ready to
propose and to recommend to the First Volksraad to increase
the number of members of the First Volksraad, whereby the Gold
Fields will be represented by five, instead of as now by two,
members."

The response to this by the High Commissioner was a review, at
length, of all that had been proposed, leading to the
conclusion which he expressed as follows:

"If I am asked whether I think they will satisfy the Uitlander
community, and are calculated to relieve the British
Government from further solicitude on the score of its
Uitlander subjects, I cannot answer in the affirmative. Still
less can I encourage the idea that the British Government can
be asked to give something in exchange for such legislation
as the President proposes. My own proposal was put forward in
no bargaining spirit. I asked myself, in advancing it, what is
the smallest measure of reform that will really be of any use,
that is to say, which will allay the present unrest and enable
the Uitlanders to exercise within a reasonable time an
appreciable influence on the Government of the country. It was
in that spirit that I suggested the outline of a scheme,
intentionally not working it out in detail (for I was ready to
listen as to details), but indicating a certain minimum from
which I am not prepared to depart. … When I came here I came
in the hope that I might be able to report to Her Majesty's
Government that measures were about to be adopted which would
lead to such an improvement in the situation as to relieve Her
Majesty's Government from pressing for the redress of
particular grievances on the ground that the most serious
causes of complaint would now gradually be removed from
within. I do not feel that what His Honour has seen his way to
propose in the matter of franchise or what he indicates as the
extreme length to which he might, at some future time, be
willing to go in the extension of local government is
sufficient to justify me in reporting in that sense."

The Conference was ended by a last memorandum from the
President, in which he said: "As it is my earnest wish that
this Conference should not be fruitless, I wish to make the
following proposal to His Excellency, viz.:—As according to
his own admission my proposal about franchise is an important
step in the right direction, I shall be prepared to lay my
proposal before the Volksraad and to recommend it, even though
His Excellency does not fully agree with it. From his side I
shall then expect that His Excellency will lay before and
recommend to Her Majesty's Government my request about
arbitration on future matters of difference under the
Convention. His Excellency will, however, readily understand
that if Her Majesty's Government should not meet me so far, so
as to grant my acknowledged fair request for arbitration, it
could be with difficulty expected that the people of the South
African Republic would approve of my comprehensive proposal
with regard to franchise."

_Great Britain,
Papers by Command: 1899, C. 9404._

SOUTH AFRICA: The Transvaal: A. D. 1899 (May-August).
Advice to President Kruger from Cape Afrikanders, and
from Holland and Germany.

Several private letters written at the time of these
occurrences by Sir J. E. De Villiers, a leading Afrikander,
Chief Justice of Cape Colony, and one of the Commissioners who
negotiated the Convention of 1881, addressed to persons who
might have influence with President Kruger, were made public a
year later. In the first of these letters, written to
President Steyn of the Orange Free State, on the 21st of May,
1899, Justice De Villiers used strong expressions, as follows:
"On my recent visit to Pretoria I did not visit the President
as I considered it hopeless to think of making any impression
on him, but I saw Reitz, Smuts, and Schalk Burger, who, I
thought, would be amenable to argument, but I fear that either
my advice had no effect on them, or else their opinion had no
weight with the President. I urged upon them to advise the
President to open the Volksraad with promises of a liberal
franchise and drastic reforms. It would have been so much
better if these had come voluntarily from the Government
instead of being gradually forced from them. In the former
case they would rally the greater number of the malcontents
around them, in the latter case no gratitude will be felt to
the Republic for any concessions made by it. Besides, there
can be no doubt that as the alien population increases, as it
undoubtedly will, their demands will increase with their
discontent, and ultimately a great deal more will have to be
conceded than will now satisfy them. The franchise proposal
made by the President seems to be simply ridiculous. I am
quite certain that if in 1881 it had been known to my fellow
Commissioners that the President would adopt his retrogressive
policy, neither President Brand nor I would ever have induced
them to consent to sign the Convention. They would have
advised the Secretary of State to let matters revert to the
condition in which they were before peace was concluded; in
other words, to recommence the war. … If I had any influence
with the President I would advise him no longer to sit on the
boiler to prevent it from bursting. Some safety-valves are
required for the activities of the new population. In their
irritation they abuse the Government, often unjustly, in the
press, and send petitions to the Queen; but that was only to
be expected. Let the Transvaal Legislature give them a liberal
franchise and allow them local self-government for their
towns, and some portion of the discontent will be allayed. The
enemies of the Transvaal will not be satisfied; on the
contrary, the worst service that can be done to them is the
redress of the grievance, but it is the friends of the country
who should be considered."

{487}

On the 31st of July, the Justice wrote still more urgently and
impatiently to a Mr. Fischer, who was in close relations with
the Transvaal President: "I do not think that President Kruger
and his friends realize the gravity of the situation. Even now
the State Secretary is doing things which would be almost
farcical if the times were not so serious. Some time ago I
begged of him to drop the censorship of telegrams because it
serves no useful purpose and only delays the publication of
lies by a few days. His answer was that the Government should
not disseminate lies by its own wires. He might as well have
said Government should not disseminate lies by its own
post-office. To crown all, I see that he has now gone so far
as to stop a private telegram (which had been paid for)
because it contained a lie. I really do not know where he is
going to stop or whether he intends to guarantee that all
telegrams allowed to pass contain the truth and nothing but
the truth. Could you not induce him to stop such childish
nonsense? The Transvaal will soon not have a single friend
left among the cultivated classes. Then there is the Franchise
Bill, which is so obscure that the State Attorney had to issue an
explanatory memorandum to remove the obscurities. But surely a
law should be clear enough to speak for itself, and no
Government or Court of Law will be bound by the State
Attorney's explanations. I do not know what those explanations
are, but the very fact that they are required condemns the
Bill. That Bill certainly does not seem quite to carry out the
promises made to you, Mr. Hofmeyr, and Mr. Herholdt. The time
really has come when the friends of the Transvaal must induce
President Kruger to become perfectly frank and take the
newcomers into his confidence. It may be a bitter pill to have
to swallow in yielding to further demands, but it is quite
clear to the world that he would not have done as much as he
has done if pressure had not been applied. What one fears is
that he will do things in such a way as to take away all grace
from his concessions. Try to induce him to meet Mr.
Chamberlain in a friendly manner and at once remove all the
causes of unrest which have disturbed this unhappy country for
so many years. As one who signed the Convention in 1881, I can
assure you that my fellow Commissioners would not have signed
it if they had not been led to believe that President Kruger's
policy towards the Uitlanders would have been very different
from what it has been."

Three confidential despatches sent to President Kruger, in the
same period, by the Minister for Foreign Affairs in the
Netherlands government were laid before the States General at
The Hague, October 25, 1900, and made public through Reuter's
press agency, as follows:

"In the first despatch, which is dated May 13, 1899, the
Minister states that news received from different capitals
leads him to believe in the imminence of the danger of a
violent solution of the problem in South Africa. As a faithful
friend he counsels Mr. Kruger in the true interests of the
Republic to show himself as conciliatory and moderate as
possible, and adds that he learns from a trustworthy source
that the German Government fully shares that opinion. Mr.
Kruger replied that he had always been conciliatory and did
not desire war, but that he could not sacrifice the
independence of the Republic. He was willing enough to grant
the suffrage, but he could not tolerate Englishmen remaining
subjects of the Queen while receiving at the same time the
right to vote in the Republic. In the second despatch, dated
August 4, 1899, the Netherlands Minister for Foreign Affairs
advised President Kruger, in the interests of the country, not
to refuse peremptorily the British proposal for an
international commission. Mr. Kruger replied that the
commission would not be international, but an Anglo-Transvaal
commission. He intended to ask for further information from
Great Britain as to the scope and composition of the
commission, and did not mean to give a decided refusal.
Finally, the Netherlands Minister, in a telegram dated August
15, 1899, stated that the German Government entirely shared
his opinion as to the inadvisability of declining the English
proposal, adding that the German Government, like himself, was
convinced that any request to one of the Great Powers at such
a critical moment would be barren of result and highly
dangerous to the Republic. To this Mr. Kruger replied that the
British proposal would result in very direct interference by
the English in the internal affairs of the Republic. He added
that he had no intention of appealing to a Great Power."

Speaking in the German Reichsrath, on the 10th of December,
1900, the Imperial Chancellor, Count von Bülow, referred to
the above publications by the Dutch government, and confirmed
them, saying that it was in accordance with the views of the
German Government that the Dutch Foreign Minister "strongly
advised Mr. Kruger to maintain a moderate attitude. In June,
1899, Mr. Kruger was advised by Germany through the Dutch
Government to invite mediation, but Dr. Leyds informed the
Dutch Minister in Paris that Mr. Kruger did not consider 'that
the moment had yet come for applying for the mediation of
America.' Some time afterwards Mr. Kruger made the attempt to
obtain arbitration, but 'feeling had become too heated,' and
in August Mr. Kruger complained to the Dutch Government that
arbitration could not be arranged. The answer to this
complaint is given in the Dutch Yellow-book under the date of
August 15, 1899, and points out that the German Government
would at that date have regarded any appeal to a Great Power
as hopeless and as very dangerous for the Republics. The
German Government also shared the Dutch view that Mr. Kruger
ought not to reject the English proposal then before him."

SOUTH AFRICA: The Transvaal: A. D. 1899 (July-September)
Amendment of the Franchise Law.

After much discussion and many changes, an amended Franchise
Law was adopted by the First Volksraad of the Republic and
published on the 26th of July. It conceded to foreigners who
had already been resident in the Republic for seven years a
possibility of obtaining full burgher rights simultaneously
with the taking of the oath of allegiance, but subjected the
proceeding to conditions which would make it, in Uitlander
opinion, of service to very few. The judgment of Sir Alfred
Milner, the High Commissioner, as expressed to Secretary
Chamberlain, was to the effect that "the bill, as it stands,
leaves it practically in the hands of the Government of the
South African Republic to enfranchise or not enfranchise the
Uitlanders as it chooses. If worked in a liberal spirit, its
clumsy and unreasonable provisions may be got over.
{488}
But if it is to be enforced rigidly, there will be practically
unlimited opportunities of excluding persons whom the
Government may consider undesirable, nor does the tone of the
debate in the Raad leave much doubt as to the spirit in which
some at least of the authors of the Bill would like to see it
worked." His criticism applied especially to the certificate
required from every applicant. "The certificate," he said,
"which every applicant must obtain from three different
officials, as to (a) continuous registration and domicile, (b)
obedience to the laws, (c) committing no crime against the
independence of the country, is one which these officials,
even if well disposed, would be able in hardly any case to
give. None of them can have any such knowledge of the
Uitlander population as would enable them to give this
comprehensive certificate; it is acknowledged that some of the
Johannesburg lists have been lost; and the Field-cornet has, I
believe, held his present office for less than four years."
Moreover, a requirement of "continuous" registration "may
mean," said the High Commissioner, "(and I cannot understand
what else it could mean) registration for seven years in one
ward and district; so that a person having resided and been
registered in one district and subsequently removed to another
would forfeit the benefit of his first period of residence. Even
if this were not so, he would doubtless have to get a double
set of certificates."

Simultaneously with the publication of the new Franchise Law
it was announced that the Executive Council had decided to
give the Witwatersrand Gold Fields a representation of five
members (out of 31) in the First Volksraad, as well as
representation by the same number in the Second Volksraad. To
the British Agent at Pretoria, Mr. Conyngham Greene, this
seemed to be "so wholly inadequate as not to be worthy of
serious consideration."

In view of the complexities and uncertainties involved in the
new Franchise Law, the High Commissioner addressed the
following communication to the government of the South African
Republic, August 1:

"Her Majesty's Government authorize me to invite President
South African Republic to appoint delegates to discuss with
delegates to be appointed by me on behalf of Her Majesty's
Government, whether Uitlander population will be given
immediate and substantial representation by franchise law
recently passed by Volksraad, together with other measures
connected with it, such as increase of seats, and, if not,
what additions or alterations may be necessary to secure that
result. In this discussion it should be understood that the
delegates of Her Majesty's Government would be free to make
any suggestions calculated to improve measures in question and
secure their attaining the end desired."

The reply to this proposal was given by the Boer government to
the British Agent at Pretoria in two notes, the first, dated
August 19, as follows: "With reference to your proposal for a
joint enquiry contained in your despatches of the 2nd and 3rd
August, Government of South African Republic have the honour
to suggest the following alternative proposal for
consideration of Her Majesty's Government, which this
Government trusts may lead to a final settlement.

(1.) The Government are willing to recommend to the Volksraad
and the people a 5 years' retrospective franchise, as proposed
by His Excellency the High Commissioner on the 1st June, 1899.

(2.) The Government are further willing to recommend to the
Volksraad that 8 new seats in the First Volksraad, and, if
necessary, also in the Second Volksraad, be given to the
population of the Witwatersrand, thus with the 2 sitting
members for the Goldfields giving to the population thereof 10
representatives in a Raad of 36, and in future the
representation of the Goldfields of this Republic shall not
fall below the proportion of one-fourth of the total.

(3.) The new Burghers shall equally with the old Burghers be
entitled to vote at the election for State President and
Commandant-General.

(4.) This Government will always be prepared to take into
consideration such friendly suggestions regarding the details
of the Franchise Law as Her Majesty's Government, through the
British Agent, may wish to convey to it.

(5.) In putting forward the above proposals Government of
South African Republic assumes:

(a) That Her Majesty's Government will agree that the
present intervention shall not form a precedent for future
similar action and that in the future no interference in
the internal affairs of the Republic will take place.

(b) That Her Majesty's Government will not further insist
on the assertion of the suzerainty, the controversy on the
subject being allowed tacitly to drop.

(c) That arbitration (from which foreign element other than
Orange Free State is to be excluded) will be conceded as
soon as the franchise scheme has become law.

(6.) Immediately on Her Majesty's Government accepting this
proposal for a settlement, the Government will ask the
Volksraad to adjourn for the purpose of consulting the people
about it, and the whole scheme might become law say within a
few weeks.

(7.) In the meantime the form and scope of the proposed
Tribunal are also to be discussed and provisionally agreed
upon, while the franchise scheme is being referred to the
people, so that no time may be lost in putting an end to the
present state of affairs. The Government trust that Her
Majesty's Government will clearly understand that in the
opinion of this Government the existing Franchise Law of this
Republic is both fair and liberal to the new population, and
that the consideration that induces them to go further, as
they do in the above proposals, is their strong desire to get
the controversies between the two Governments settled, and
further to put an end to present strained relations between
the two Governments and the incalculable harm and loss it has
already occasioned in South Africa, and to prevent a racial
war from the effects of which South Africa may not recover for
many generations, perhaps never at all, and therefore this
Government, having regard to all these circumstances would
highly appreciate it if Her Majesty's Government, seeing the
necessity of preventing the present crisis from developing
still further and the urgency of an early termination of the
present state of affairs, would expedite the acceptance or
refusal of the settlement here offered.
(Signed) F. W. REITZ."

The second note, which followed on the 21st of August, was
in these terms:

{489}

"In continuation of my despatch of the 19th instant and with
reference to the communication to you of the State Attorney
this morning, I wish to forward to you the following in
explanation thereof, with the request that the same may be
telegraphed to His Excellency the High Commissioner for South
Africa, as forming part of the proposals of this Government
embodied in the above-named despatch.

(1.) The proposals of this Government regarding question of
franchise and representation contained in that despatch must
be regarded as expressly conditional on Her Majesty's
Government consenting to the points set forth in paragraph 5
of the despatch, viz.:
(a) In future not to interfere in internal affairs of the
South African Republic.
(b) Not to insist further on its assertion of existence of
suzerainty.
(c) To agree to arbitration.

(2.) Referring to paragraph 6 of the despatch, this Government
trusts that it is clear to Her Majesty's Government that this
Government has not consulted the Volksraad as to this question
and will only do so when an affirmative reply to its proposals
has been received from Her Majesty's Government.
(Signed) F. W. REITZ."

The above notes were repeated by cable, in full, to the
Colonial Secretary, at London, and, on the 28th of August, he
returned by the same medium his reply, as follows:

"Her Majesty's Government have considered the proposals which
the South African Republic Government in their notes to the
British Agent of 19th and 21st August have put forward as an
alternative to those contained in my telegram of 31st July.
Her Majesty's Government assume that the adoption in principle
of the franchise proposals made by you at Bloemfontein will
not be hampered by any conditions which would impair their
effect, and that by proposed increase of seats for the
Goldfields and by other provisions the South African Republic
Government intend to grant immediate and substantial
representation of the Uitlanders. That being so, Her Majesty's
Government are unable to appreciate the objections entertained
by the Government of the South African Republic to a Joint
Commission of Inquiry into the complicated details and
technical questions upon which the practical effect of the
proposals depends. Her Majesty's Government, however, will be
ready to agree that the British Agent, assisted by such other
persons as you may appoint, shall make the investigation
necessary to satisfy them that the result desired will be
achieved and, failing this, to enable them to make those
suggestions which the Government of the South African Republic
state that they will be prepared to take into consideration.
Her Majesty's Government assume that every facility will be
given to the British Agent by the Government of the South
African Republic, and they would point out that the inquiry
will be both easier and shorter if the Government of the South
African Republic will omit in any future Law the complicated
conditions of registration, qualification and behaviour which
accompanied previous proposals, and would have entirely
nullified their beneficial effect. Her Majesty's Government
hope that the Government of the South African Republic will
wait to receive their suggestions founded on the report of the
British Agent's investigation before submitting a new
Franchise Law to the Volksraad and the Burghers. With regard
to the conditions of the Government of the South African
Republic: First, as regards intervention; Her Majesty's
Government hope that the fulfilment of the promises made and
the just treatment of the Uitlanders in future will render
unnecessary any further intervention on their behalf, but Her
Majesty's Government cannot of course debar themselves from
their rights under the Conventions nor divest themselves of
the ordinary obligations of a civilized Power to protect its
subjects in a foreign country from injustice. Secondly, with
regard to suzerainty Her Majesty's Government would refer the
Government of the South African Republic to the second
paragraph of my despatch of 13th July. Thirdly, Her Majesty's
Government agree to a discussion of the form and scope of a
Tribunal of Arbitration from which foreigners and foreign
influence are excluded. Such a discussion, which will be of
the highest importance to the future relations of the two
countries, should be carried on between the President and
yourself, and for this purpose it appears to be necessary that
a further Conference, which Her Majesty's Government suggest
should be held at Cape Town, should be at once arranged. Her
Majesty's Government also desire to remind the Government of
the South African Republic that there are other matters of
difference between the two Governments which will not be
settled by the grant of political representation to the
Uitlanders, and which are not proper subjects for reference to
arbitration. It is necessary that these should be settled
concurrently with the questions now under discussion, and they
will form, with the question of arbitration, proper subjects
for consideration at the proposed Conference."

On the 2d of September the Boer government replied to this at
length, stating that it considered the proposal made in its
note of August 19 to have lapsed; again objecting to a joint
inquiry relative to the practical working of the Franchise
Law, but adding: "If they [the Government] can be of
assistance to Her Majesty's Government with any information or
explanation they are always ready to furnish this; though it
appears to it that the findings of a unilateral Commission,
especially when arrived at before the working of the law has
been duly tested, would be premature and thus probably of
little value."

Meantime, on the 31st of August, Sir Alfred Milner had
telegraphed to Mr. Chamberlain: "I am receiving
representations from many quarters to urge Her Majesty's
Government to terminate the state of suspense. Hitherto I have
hesitated to address you on the subject, lest Her Majesty's
Government should think me impatient. But I feel bound to let
you know that I am satisfied, from inquiries made in various
reliable quarters that the distress is now really serious. The
most severe suffering is at Johannesburg. Business there is at
a standstill; many traders have become insolvent; and others
are only kept on their legs by the leniency of their
creditors. Even the mines, which have been less affected
hitherto, are now suffering owing to the withdrawal of
workmen, both European and native. The crisis also affects the
trading centres in the Colony. In spite of this, the purport
of all the representations made to me is to urge prompt and
decided action; not to deprecate further interference on the
part of Her Majesty's Government. British South Africa is
prepared for extreme measures, and is ready to suffer much in
order to see the vindication of British authority. It is
prolongation of the negotiations, endless and indecisive of
result, that is dreaded."

{490}

On the 8th of September, the High Commissioner was instructed
by Mr. Chamberlain to communicate the following to the
government of the Transvaal:

"Her Majesty's Government are still prepared to accept the
offer made in paragraphs 1, 2, and 3 of the note of the 19th
August taken by themselves, provided that the inquiry which
Her Majesty's Government have proposed, whether joint—as Her
Majesty's Government originally suggested—or unilateral, shows
that the new scheme of representation will not be encumbered
by conditions which will nullify the intention to give
substantial and immediate representation to the Uitlanders. In
this connection Her Majesty's Government assume that, as
stated to the British Agent, the new members of the Raad will
be permitted to use their own language. The acceptance of
these terms by the Government of the South African Republic
would at once remove the tension between the two Governments,
and would in all probability render unnecessary any further
intervention on the part of Her Majesty's Government to secure
the redress of grievances which the Uitlanders would
themselves be able to bring to the notice of the Executive and
the Raad."

In a lengthy response to this by State Secretary Reitz,
September 16, the following are the essential paragraphs:
"However earnestly this Government also desires to find an
immediate and satisfactory course by which existing tension
should be brought to an end, it feels itself quite unable, as
desired, to recommend or propose to South African Republic
Volksraad and people the part of its proposal contained in
paragraphs 1, 2, and 3 of its note 19th August, omitting the
conditions on the acceptance of which alone the offer was
based, but declares itself always still prepared to abide by
its acceptance of the invitation [of] Her Majesty's Government
to get a Joint Commission composed as intimated in its note of
2nd September. It considers that if conditions are contained
in the existing franchise law which has been passed, and in
the scheme of representation, which might tend to frustrate
object contemplated, that it will attract the attention of the
Commission, and thus be brought to the knowledge of this
Government. This Government has noticed with surprise the
assertion that it had intimated to British Agent that the new
members to be chosen for South African Republic Volksraad
should be allowed to use their own language. If it is thereby
intended that this Government would have agreed that any other
than the language of the country would have been used in the
deliberations of the Volksraad, it wishes to deny same in the
strongest manner."