Chapter XXII: Appendix

THE PEACE NEGOTIATIONS--COMMENCED MARCH 12, 1902--CONCLUDED MAY 31, 1902

The following is the text of the draft agreement signed by the Boer representatives in Pretoria on the 31st of May after it had been approved by his Majesty's Government:--

His Excellency General Lord Kitchener and his Excellency Lord Milner, on behalf of the British Government, and Messrs. M. T. Steyn, J. Brebner, General C. R. De Wet, General C. Olivier, and Judge J. B. M. Hertzog, acting as the Government of the Orange Free State, and Messrs. S. W. Burger, F. W. Reitz, Generals Louis Botha, J. H. Delarey, Lucas Meyer, Krogh, acting as the Government of the South African Republic, on behalf of their respective burghers, desirous to terminate the present hostilities, agree on the following articles:--

1. The Burgher forces in the field will forthwith lay down their arms, handing over all guns, rifles, and munitions of war in their possession or under their control, and desist from any further resistance to the authority of his Majesty King Edward VII., whom they recognise as their lawful Sovereign. The manner and details of this surrender will be arranged between Lord Kitchener and Commandant-General Botha, Assistant Commandant-General Delarey, and Chief Commandant De Wet.

2. All Burghers in the field outside the limits of the Transvaal or Orange River Colony, and all prisoners of war at present outside South Africa who are Burghers, will, on duly declaring their acceptance of the position of subjects of his Majesty King Edward VII., be gradually brought back to their homes as soon as transports can be provided and their means of subsistence ensured.

3. The Burghers so surrendering or so returning will not be deprived of their personal liberty or their property.

4. No proceedings, civil or criminal, will be taken against any of the Burghers surrendering or so returning for any acts in connection with the prosecution of the war. The benefit of this clause will not extend to certain acts contrary to usages of war which have been notified by Commander-in-Chief to the Boer generals, and which shall be tried by court-martial immediately after the close of hostilities.

5. The Dutch language will be taught in public schools in the Transvaal and Orange River Colony where the parents of the children desire it, and will be allowed in courts of law when necessary for the better and more effectual administration of justice.

6. The possession of rifles will be allowed in the Transvaal and Orange River Colony to persons requiring them for their protection on taking out a licence according to law.

7. Military administration in the Transvaal and Orange River Colony will at the earliest possible date be succeeded by civil government, and, as soon as circumstances permit, representative institutions, leading up to self-government, will be introduced.

8. The question of granting the franchise to natives will not be decided until after the introduction of self-government.

9. No special tax will be imposed on landed property in the Transvaal and Orange River Colony to defray the expenses of the war.

10. As soon as conditions permit, a commission, on which the local inhabitants will be represented, will be appointed in each district of the Transvaal and Orange River Colony, under the presidency of a magistrate or other official, for the purpose of assisting the restoration of the people to their homes and supplying those who, owing to war losses, are unable to provide themselves with food, shelter, and the necessary amount of seed, stock, implements, &c., indispensable to the resumption of their normal occupations.

His Majesty's Government will place at the disposal of these commissions a sum of £3,000,000 for the above purposes, and will allow all notes issued under Law 1 of 1900 of the South African Republic and all receipts given by officers in the field of the late Republics, or under their orders, to be presented to a judicial commission, which will be appointed by the Government, and if such notes and receipts are found by this commission to have been duly issued in return for valuable considerations, they will be received by the first-named commissions as evidence of war losses suffered by the persons to whom they were originally given. In addition to the above-named free grant of £3,000,000, his Majesty's Government will be prepared to make advances on loan for the same purposes free of interest for two years, and afterwards repayable over a period of years with 3 per cent. interest.

No foreigner or rebel will be entitled to the benefit of this clause.

The correspondence relating to the last stage of the South
African War was published as a Parliamentary Paper. As the
future policy of South Africa will be directed by the
considerations which influenced the wording of the final
agreement, the important part of the correspondence is quoted
in its entirety. A series of brief despatches passed between
Lord Kitchener and the Secretary of State for War between March
12 and April 11. The first despatch announced the desire of Mr.
Schalk Burger, after receiving from Lord Kitchener a copy of
the correspondence connected with the Dutch Government's
negotiations, to obtain safe conduct in order to meet Mr. Steyn
with a view to making peace proposals. The meeting of the Boer
commanders, as is known, was arranged, and it took place at
Klerksdorp. On April 11 Lord Kitchener received permission from
the Secretary of State for War to accede to a request from the
Boer representatives for permission to lay certain proposals
before him. This Boer request was addressed to Lord Kitchener
in the following terms:--

"After quoting at length the correspondence between his
Majesty's Government and the Netherlands, they are of opinion
that it is a suitable moment to do everything possible to put a
stop to the war, and therefore decide to make certain
propositions to Lord Kitchener which can serve as a base for
further negotiations in order to bring about the desired end.
They further decide that, in their opinion, in order to
accelerate the desired aim and prevent misunderstanding, Lord
Kitchener be requested to meet them personally, time and place
to be appointed by him, in order to lay before him direct peace
proposals, which they are prepared to submit, and in order to
settle at once, by direct communication with him, all questions
that may present themselves, and thereby to make sure that this
meeting will have the desired result."

PRELIMINARY OVERTURES.

Then followed the succeeding telegraphic correspondence.

FROM LORD KITCHENER TO THE SECRETARY OF STATE FOR WAR.

PRETORIA, _April 12, 1902_, 9.22 P.M.

All Boer representatives met to-day and wished the following
telegram sent:--

"The Boer representatives wish to lay before his Majesty's
Government that they have an earnest desire for peace, and that
they consequently decided to ask the British Government to end
hostilities, and to enter into an agreement by which, in their
opinion, all future war between them and the British Government
in South Africa will be prevented. They consider this object
may be attained by providing for following points:--

"1. Franchise.

"2. Equal rights for Dutch and English languages in education
matters.

"3. Customs Union.

"4. Dismantling of all forts in Transvaal and Orange River
Colony.

"5. Post, Telegraph, and Railways Union.

"6. Arbitration in case of future differences, and only
subjects of the parties to be the arbitrators.

"7. Mutual amnesty.

"But if these terms are not satisfactory they desire to know
what terms the British Government would give them in order to
secure the end they all desire."

I have assured them that his Majesty's Government will not
accept any proposals which would maintain independence of
Republic, as this would do, and that they must expect refusal.

FROM THE SECRETARY OF STATE FOR WAR TO LORD KITCHENER.

WAR OFFICE, _13th April 1902_, 2.30 P.M.

His Majesty's Government sincerely share the earnest desire of
the Boer representatives for peace, and hope that the present
negotiations may lead to that result; but they have already
stated in the clearest terms, and must now repeat, that they
cannot entertain any proposals which are based upon the
continued independence of the former Republics, which have been
formally annexed to the British Crown.

FROM LORD KITCHENER TO THE SECRETARY OF STATE FOR WAR.

PRETORIA, _14th April 1902_, 6.10 P.M.

The High Commissioner and I met the Boer representatives this
morning, when I communicated to them the substance of your
telegram. We then endeavoured to induce them to make fresh
proposals, but President Steyn, who throughout acted as their
leading spokesman, immediately took the line that while the
Boer Governments were competent to make peace they were not
competent to surrender the independence of their country; that
only the people could do this--the people, as explained,
meaning the Burghers still in the field. If he was to suggest
anything involving the abandonment of independence, it would be
a betrayal of their trust.

Schalk Burger and General Botha took precisely the same line.
As no progress could be made the meeting was adjourned by
mutual consent till this afternoon. The Boer representatives
then suggested an armistice in order to consult their people;
but I pointed out, with Lord Milner's full concurrence, that we
had not got nearly far enough in the direction of agreement to
justify such a course. Finally it was agreed that I should send
you the following message, which was read over several times,
and fully agreed to by the representatives, to whom I have
given a copy of it:--

"A difficulty has arisen in getting on with proceedings. The
representatives state that constitutionally they have no power
to discuss terms based on the surrender of independence,
inasmuch as only the Burghers can agree to such a basis;
therefore, if they were to propose, it would put them in a
false position with regard to their people. If, however, his
Majesty's Government would state the terms that, subsequent to
a relinquishment of independence, they would be prepared to
grant, the representatives, after asking for the necessary
explanations, without any expression of approval or
disapproval, would submit such conditions to their people."

THE QUESTION OF INDEPENDENCE.

FROM THE SECRETARY OF STATE FOR WAR TO LORD KITCHENER.

WAR OFFICE, _April 16, 1902_, 2.20 P.M.

We have received with considerable surprise the message from
the Boer leaders contained in your telegram of April 14.

The meeting was arranged at their request, and they must have
been aware of our repeated declarations that we could not
entertain any proposals based on the renewed independence of
the two South African States. We were, therefore, entitled to
assume that the Boer representatives had relinquished the idea
of independence, and would propose terms of surrender for the
forces still in the field.

They now state that they are constitutionally incompetent to
discuss terms which do not include a restoration of
independence, but request us to inform them what conditions
would be granted if, after submitting the matter to their
followers, they were to relinquish the demand for independence.

This does not seem to us to be a satisfactory method of
proceeding, or one best adapted to secure, at the earliest
moment, a cessation of the hostilities which have involved the
loss of so much life and treasure.

We are, however, as we have been from the first, anxious to
spare the effusion of further blood, and to hasten the
restoration of peace and prosperity to the countries afflicted
by the war, and you and Lord Milner are therefore authorised to
refer the Boer leaders to the offer made by you to General
Botha more than twelve months ago, and to inform them that,
although the subsequent great reduction in the strength of the
forces opposed to us and the additional sacrifices thrown upon
us by the refusal of that offer would justify us in imposing
far more onerous terms, we are still prepared, in the hope of a
permanent peace and reconciliation, to accept a general
surrender on the lines of that offer, but with such
modifications in detail as may be agreed upon mutually.

You are also authorised to discuss such modifications with
them, and to submit the result for our approval.

Communicate this to High Commissioner.

FROM LORD KITCHENER TO THE SECRETARY OF STATE FOR WAR.

PRETORIA, _April 17, 1902_, 6.40 P.M.

I communicated your telegram to the Boer representatives this
morning. They immediately asked for adjournment to consider it.
We met again at 2 P.M., when they pressed for the return of the
Boer delegates and for an armistice to enable them to consult
their burghers. I refused both on military grounds, but
promised facilities for them to hold meeting of their Burghers.
Lord Milner impressed on them necessity of coming back with
definite powers and determination to make peace at once, which
they promised to do. The meeting then broke up, and I had a
short meeting with Generals Botha, De Wet, and Delarey, to
arrange details of how they are to carry out meeting. These
were settled satisfactorily, and they will probably leave
to-morrow to get vote from their people.

FROM LORD KITCHENER TO THE SECRETARY OF STATE FOR WAR.

PRETORIA, _April 18, 1902_, 10.55 A.M.

Have now arranged with the generals all details as to holding
meeting, and representatives of both States will leave here
to-night to carry out the arrangements.

FROM THE SECRETARY OF STATE FOR WAR TO LORD KITCHENER.

WAR OFFICE, _April 19, 1902_.

Yours of yesterday. We fully realise the necessity of giving
the Boer leaders all due opportunity of consulting their
commandos, but we trust that no arrangements will be come to
which will make it necessary for you to suspend operations
until some definite arrangement is in view. We are continuing
to send reinforcements.

SURRENDER OF INDEPENDENCE.

FROM LORD KITCHENER TO THE SECRETARY OF STATE FOR WAR.

PRETORIA, _April 19, 1902_, 11.40 A.M.

The Boer representatives have all left. The meeting of elected
representatives from commandos is arranged to be held at
Vereeniging on 13th or 15th May. I did my best to hasten, but
it was found impossible. I am not allowing facilities for
meeting of commandos in Cape Colony, and none will be there. I
have arranged with Boer leaders that foreigners serving with
them shall have no vote, and that votes will be by ballot. Each
commando will be represented by two Burghers. It is thought
probable that the meeting at Vereeniging will take two days,
after which, if favourable decision is arrived at, Boer
representatives will come here to arrange final settlement.

FROM LORD KITCHENER TO THE SECRETARY OF STATE FOR WAR.

PRETORIA, _May 17, 1902_, 6.55 P.M.

Following telegram just received:--

"From State Presidents Burger and Steyn to Lord Kitchener.

"We have the honour to communicate to your Excellency that, as
a result of the Burghers assembling here, a commission has been
appointed by our Governments to negotiate with your Excellency
with a view to finishing the present hostilities. This
commission consists of Louis Botha, Christian De Wet, Hertzog,
Delarey, and Smuts. If your Excellency is agreeable to meet
this commission we request you to appoint time and place of
meeting."

After consultation with Lord Milner I have sent following
reply:--

"I have the honour to acknowledge your communication, and
should be glad to be informed if the commission you announce
have plenary powers to agree to terms for the cessation of
hostilities. If so, Lord Milner and I will be prepared to
receive them here. Colonel Henderson will arrange to put a
train at their disposal directly they inform him when they wish
to start."

FROM LORD KITCHENER TO THE SECRETARY OF STATE FOR WAR.

PRETORIA, _May 18, 1902_, 2.15 P.M.

Following is reply from Burger and Steyn:--

"In reply to your Excellency's telegram of this morning, we
have the honour to inform you that commission, appointed in
accordance with instructions by the Burghers assembled, has
power to negotiate with your Excellency, subject to
ratification by the Burghers."

After consultation with Lord Milner, I have informed the
Presidents we will be glad to meet the commission here
to-morrow.

LORD KITCHENER TO THE SECRETARY OF STATE FOR WAR.

PRETORIA, _May 19, 1902_, 7.20 P.M.

Meeting took place at 11.30, and Boer commission made following
proposals:--

1. We are prepared to surrender our independence as regards
foreign relations.

2. We wish to retain self-government under British supervision.

3. We are prepared to surrender a part of our territory.

Lord Milner and I refused to accept these terms as basis for
negotiation, as they differ essentially from the principles
laid down by his Majesty's Government. After a long discussion
nothing was decided, and it was determined to meet in the
afternoon. Commission met again at 4 P.M., when Lord Milner
proposed a form of document that might be submitted to the
Burghers for a "Yes" or "No" vote. There was a good deal of
objection to this, but it was agreed finally that Lord Milner
should meet Smuts and Hertzog with a view of drafting as far as
possible an acceptable document on the Botha lines. They will
meet to-morrow for that purpose. Lord Milner stipulated for the
assistance of Sir Richard Solomon in the preparation of the
draft documents.

FOR A "YES" OR "NO" VOTE.

FROM LORD KITCHENER TO THE SECRETARY OF STATE FOR WAR.

PRETORIA, _May 21, 1902_, 4.50 P.M.

Commission are prepared to submit the following document to the
Burghers assembled at Vereeniging for a "Yes" or "No" vote if
his Majesty's Government approves of its terms:--

"His Excellency General Lord Kitchener and his Excellency Lord
Milner, on behalf of the British Government, and Messrs. M. T.
Steyn, J. Brebner, General C. R. de Wet, General C. Olivier,
and Judge J. B. M. Hertzog, acting as the Government of the
Orange Free State, and Messrs. S. W. Burger, F. W. Reitz,
Generals Louis Botha, J. H. Delarey, Lucas Meyer, Krogh, acting
as the Government of the South African Republic, on behalf of
their respective Burghers desirous to terminate the present
hostilities agree on the following articles:--

"1. The Burgher forces in the field will forthwith lay down
their arms, handing over all guns, rifles, and munitions of war
in their possession or under their control, and desist from any
further resistance to the authority of his Majesty King Edward
VII., whom they recognise as their lawful Sovereign. The manner
and details of this surrender will be arranged between Lord
Kitchener and Commandant-General Botha, Assistant
Commandant-General Delarey, and Chief Commandant de Wet.

"2. Burghers in the field outside the limits of the Transvaal
or Orange River Colony, on surrendering, will be brought back
to their homes.

"3. All prisoners of war at present outside South Africa who
are Burghers will, on their declaring their acceptance of the
position of subjects of his Majesty King Edward VII., be
brought back to the places where they were domiciled before the
war.

"4. The Burghers so surrendering or so returning will not be
deprived of their personal liberty or their property.

"5. No proceeding, civil or criminal, will be taken against any
of the Burghers surrendering or so returning for any acts in
connection with the prosecution of the war.

"6. The Dutch language will be taught in public schools in the
Transvaal and Orange River Colony, where the parents of the
children desire it, and will be allowed in Courts of Law when
necessary for the better and more effectual administration of
justice.

"7. The possession of rifles will be allowed in the Transvaal
and Orange River Colony to persons requiring them for their
protection on taking out a licence according to law.

"8. Military administration in the Transvaal and Orange River
Colony will at the earliest possible date be succeeded by civil
government, and, as soon as circumstances permit,
representative institutions, leading up to self-government,
will be introduced.

"9. The question of granting the franchise to natives will not
be decided until after the introduction of self-government.

"10. No special tax will be imposed on landed property in the
Transvaal and Orange River Colony to defray the expenses of the
war.

"11. A judicial commission will be appointed, to which
Government notes issued under Law No. 1 of 1900 of the South
African Republic may be presented within six months. All such
notes as are found to have been duly issued in the terms of
that law, and for which the persons presenting them have given
valuable considerations, will be paid, but without interest.
All receipts given by the officers in the field of the late
Republics, or under their orders, may likewise be presented to
the said commission within six months, and, if found to have
been given _bonâ fide_ for goods used by the Burgher forces in
the field, will be paid out to the persons to whom they were
originally given. The sum in respect of the said Government
notes and receipts shall not exceed £3,000,000 sterling, and if
the total amount of such notes and receipts approved by the
commission is more than that sum there shall be a _pro rata_
diminution. Facilities will be afforded to the prisoners of war
to present their Government notes and receipts within the six
months aforesaid.

"12. As soon as conditions permit, a commission, on which the
local inhabitants will be represented, will be appointed in
each district of the Transvaal and Orange River Colony, under
the presidency of a magistrate or other official, for the
purpose of assisting the restoration of the people to their
homes, and supplying those who, owing to war losses, are unable
to provide for themselves with food, shelter, and the necessary
amount of seed, stock, implements, &c., indispensable to the
resumption of their normal occupations. Money for this will be
advanced by the Government, free of interest, and repayable
over a period of years."

MR. CHAMBERLAIN'S EMENDATIONS.

FROM MR. CHAMBERLAIN TO LORD MILNER.

COLONIAL OFFICE, _May 27, 1902_, 3.45 P.M.

I have to inform you that his Majesty's Government approve of
the submission to the assembly at Vereeniging for a "Yes" or
"No" vote the document prepared by the commission, and
forwarded by Lord Kitchener on 21st May to the Secretary of
State for War, subject to the following alterations:--

Clauses 2 and 3 should be put together, and will run as
follows:--

"All Burghers in the field outside the limits of the Transvaal
and Orange River Colony, and all prisoners of war at present
outside South Africa, who are Burghers, will, on duly declaring
their acceptance of the position of subjects of his Majesty
King Edward VII., be gradually brought back to their homes
as soon as transport can be provided and their means of
subsistence ensured."

The object of this alteration is to make clear that Burghers in
the field outside the two States will, like the Burghers inside
and the prisoners of war, declare their acceptance of the
position of subjects. It was clearly not intended that they
should be in any different position to their countrymen
elsewhere.

We have also inserted words to explain that return must be
gradual.

Clause 5. We add at end of clause the words:--

"The benefit of this clause will not extend to certain acts
contrary to usages of war which have been notified by
Commander-in-Chief to the Boer generals, and which shall be
tried by court-martial immediately after the close of
hostilities."

Clauses 11 and 12 must be omitted and the following clause
substituted:--

"As soon as conditions permit, a commission, on which the local
inhabitants will be represented, will be appointed in each
district of the Transvaal and Orange River Colony under the
presidency of a magistrate or other official, for the purpose
of assisting the restoration of the people to their homes and
supplying those who, owing to war losses, are unable to provide
themselves with food, shelter, and the necessary amount of
seed, stock, implements, &c., indispensable to the resumption
of their normal occupations.

"His Majesty's Government will place at the disposal of these
Commissions a sum of £3,000,000 for the above purposes, and
will allow all notes issued under Law 1 of 1900 of the South
African Republic, and all receipts given by officers in the
field of the late Republics, or under their orders, to be
presented to a judicial commission, which will be appointed by
the Government, and if such notes and receipts are found by
this commission to have been duly issued in return for valuable
considerations, they will be received by the first-named
commissions as evidence of war losses suffered by the persons
to whom they were originally given.

"In addition to the above-named free grant of £3,000,000, his
Majesty's Government will be prepared to make advances on loan
for the same purposes free of interest for two years, and
afterwards repayable over a period of years with 3 per cent.
interest. No foreigner or rebel will be entitled to the benefit
of this clause."

In making this communication to the delegates you must inform
them that if this opportunity of an honourable termination of
hostilities is not accepted within a time fixed by you the
conference will be considered at an end, and his Majesty's
Government will not be bound in any way by their present
declarations.

Lord Kitchener should have a copy of this telegram.

Drawing by F. de Harnen from Photographs]

THE SUBJECT OF BANISHMENT.

FROM MR. CHAMBERLAIN TO LORD MILNER.

COLONIAL OFFICE, _May 27, 1902_, 5.10 P.M.

We understand that the terms of surrender offered in my
telegram of to-day are confined to Burghers of the Orange Free
State and South African Republic at the date of the outbreak of
the war. His Majesty's Government are unable to make any
pledges on behalf of the Governments of the Cape or Natal as to
the treatment of rebels. You have no doubt kept in mind that
any favourable terms accorded by either of these Governments
will have to be sanctioned by the Legislature of the Colony.

His Majesty's Government must place it on record that the
treatment of Cape and Natal colonists who have been in
rebellion and who now surrender will be determined, if they
return to their colonies, by the Colonial Governments and in
accordance with the laws of the colonies, and that any other
British subjects who have joined the enemy will be liable to
trial under the law of that part of the British Empire to which
they belong.

The Cape Government have informed his Majesty's Government that
the following are their views as to the terms which should be
granted to British subjects of Cape Colony who are now in the
field, or have surrendered, or have been captured since the
12th April 1901:--

"With regard to rank and file, Ministers advise that upon
surrender they shall all, after giving up their arms, sign a
document before Resident Magistrate of district in which
surrender takes place acknowledging themselves guilty of high
treason, and that the punishment to be awarded to them,
provided they shall not have been guilty of murder or other
acts contrary to usages of civilised warfare, shall be that
they shall not be entitled for life to be registered as voters
or to vote at any Parliamentary, Divisional Council, or
Municipal election. Legislation will be required to give effect
to this recommendation. With regard to Justices of the Peace
and Field-Cornets of Cape Colony and all other persons holding
an official position under Government of Cape Colony, or who
may occupy post of commandant of rebel or Burgher forces,
Ministers advise that they shall be tried for high treason
before the ordinary tribunal of country or such special court
as may be hereafter constituted by law, the punishments for
their offence to be left to the discretion of court, with this
proviso, that in no case shall penalty of death be inflicted."

The Natal Government are of opinion that rebels should be dealt
with according to the law of the colony.

FROM MR. CHAMBERLAIN TO LORD MILNER.

COLONIAL OFFICE, _26th May 1902_, 6.50 P.M.

Have any promises been made to Boers by you with regard to the
leaders liable to banishment under the proclamation of 7th
August, some of whom have been specially named in notices
issued subsequently? This proclamation, you will recollect, was
the result of a strong representation from Lord Kitchener, and
supported by minute of Natal Government of 25th July. The exact
terms were finally settled by you. If you now think that this
proclamation should be disregarded I have no objection to make.

FROM LORD MILNER TO MR. CHAMBERLAIN.

(Received Colonial Office 3.30 P.M., _27th May 1902_.)

Referring to your telegram of 26th May. No promises have been
made or asked for. The Boers are no doubt aware that
legislation is required to give effect to banishment, and feel
that we would not introduce such legislation if Article 3 of
proposed agreement is accepted. This is obvious, and it follows
that if surrender comes off banishment will be tacitly dropped.
I was in favour of banishment proclamation, and was prepared to
go even further, as I thought, and I still think, that
resistance of Boers had ceased to be legitimate at that stage,
and that it was our duty to impose special penalties upon those
responsible for adoption of guerilla methods by which the
country was being ruined and by which alone the struggle could
be kept up at all.

So far from regretting the proclamation I believe it has had
great effect in increasing the number of surrenders, and in
inducing the Boers still in the field to desist from further
fighting. That has certainly been Kitchener's opinion, as he
has always pressed and given the greatest publicity to the
lists of banished leaders. But it would be a mistake if the
Boers now give in in a body and live as British subjects to
continue a prescription which would only keep up bitter
feelings and tend to prevent the country from settling down.

Kitchener agrees entirely.

FROM LORD MILNER TO MR. CHAMBERLAIN.

(Sent 7.55 P.M. Received Colonial Office 7.45 P.M., _27th May
1902_.)

My telegram of to-day, No. 1.

I made it clear, I hope, that what I said applied only to
banishment, not to sale of farms. Smuts did allude to this
point in committee, though not to banishment, but I gave him an
emphatic negative, and the subject was then dropped.

THE FIRST DRAFT AGREEMENT.

FROM LORD MILNER TO MR. CHAMBERLAIN.

(Despatched 11.10 P.M., _May 28_. Received Colonial Office 5.5
A.M., _May 29, 1902_.)

Referring to your telegram No. 1 of May 27. Commander-in-Chief
and I met the Boer delegates again this morning, and I
communicated to them the alterations and additions to their
draft contained in your telegram under reply, and informed them
that his Majesty's Government approved of the draft so altered
being submitted to the Burghers at Vereeniging for a "Yes" or
"No" answer. I added that if this opportunity of an honourable
termination of hostilities was not accepted within a time fixed
by us the conference would be considered at an end, and his
Majesty's Government would not be in any way bound by the
present declarations. I handed them at the same time a copy of
draft agreement in accordance with your instructions. There was
no discussion of it. Commander-in-Chief stated that before
fixing definitely the time by which we must receive an answer
he would like to know their opinion. He thought forty-eight
hours would be ample, but he did not wish to rush them.

The delegates, who it was agreed should return to Vereeniging
this evening, asked for an adjournment before giving an answer
as to time. To this we agreed.

Before they left I read to them a statement based on your
telegram of 27th May, No. 2, and was obliged to modify slightly
your message in order to bring it into harmony with the latest
communication I have received from the Cape Government on the
subject, according to which fresh legislation will not be
necessary; but essential points, viz., the degree of punishment
to be awarded and the classification of rebels, were given
absolutely in your words.

The delegates asked for a copy of my statement, which I handed
to them. The meeting then adjourned.

This afternoon we met delegates again for a few minutes. They
asked us to give them until Saturday night for their answer, to
which we agreed. We then shook hands and parted.

They returned at 9 P.M. to Vereeniging.

FROM LORD MILNER TO MR. CHAMBERLAIN.

(Despatched 6.5 P.M., _30th May_. Received Colonial Office 8.30
A.M., _31st May 1902_.)

After handing to Boer delegates a copy of draft agreement which
his Majesty's Government are prepared to approve with a view of
terminating the present hostilities, I read to them the
following statement and gave them a copy:--

His Majesty's Government must place it on record that the
treatment of Cape and Natal Colonists who have been in
rebellion and who now surrender will, if they return to their
colonies, be determined by the Colonial Governments and in
accordance with the laws of the colonies, and that any British
subjects who have joined the enemy will be liable to trial
under the law of that part of the British Empire to which they
belong.

His Majesty's Government are informed by the Cape Government
that the following are their views as to the terms which should
be granted to British subjects of Cape Colony who are now in
the field, or who have surrendered, or have been captured since
April 12, 1901:--

"With regard to rank and file, they should all, upon surrender,
after giving up their arms, sign a document before the Resident
Magistrate of the district in which the surrender takes place,
acknowledging themselves guilty of high treason, and the
punishment to be awarded to them, provided they shall not have
been guilty of murder or other acts contrary to the usages of
civilised warfare, should be that they shall not be entitled
for life to be registered as voters or to vote at any
Parliamentary, Divisional Council, or Municipal election. With
reference to Justices of the Peace and Field-Cornets of Cape
Colony and all other persons holding an official position under
the Government of Cape Colony, or who may occupy the position
of commandant of rebel or Burgher forces, they shall be tried
for high treason before the ordinary court of the country or
such special court as may be hereafter constituted by law, the
punishment for their offence to be left to the discretion of
court, with this proviso, that in no case shall penalty of
death be inflicted."

The Natal Government are of opinion that rebels should be dealt
with according to the law of the colony.

THE SIGNING OF THE TERMS.

FROM LORD KITCHENER TO THE SECRETARY OF STATE FOR WAR.

PRETORIA, _May 31, 1902_, 5.15 P.M.

It is now settled that the Boer representatives will come here
immediately, and also the High Commissioner from Johannesburg.
It is possible that the document will be signed to-night. I
have received from them a statement saying that they accept and
are prepared to sign.

FROM LORD KITCHENER TO THE SECRETARY OF STATE FOR WAR.

PRETORIA, _May 31, 1902_, 11.15 P.M.

Negotiations with Boer delegates. The document containing terms
of surrender was signed here this evening at 10.30 P.M. by all
Boer representatives, as well as by Lord Milner and myself.

FROM LORD MILNER TO MR. CHAMBERLAIN.

PRETORIA, _June 1_, 10.15 A.M.

The agreement, as amended by his Majesty's Government in your
telegram of May 27, was signed just before 11 P.M. last night
by Lord Kitchener and myself and ten Boer delegates, six
representing the Transvaal and four Orange Free State. A
resolution of Burgher assembly at Vereeniging authorising them
to sign was put in by them before signing it. Names of
signatories are the same as those in original draft sent in
Lord Kitchener's telegram, except that the initials had been
corrected in some cases and Mr. Steyn's name was omitted. He
was too ill to come up, and had already taken his parole. The
order of signatories is chiefly the same, except that De Wet
signed first of the Orange River Colony delegates, Hertzog
next, and then Brebner, the reason being that De Wet was
nominated "Acting President" by Steyn on retiring.

* * * * *

OFFICIAL CORRESPONDENCE AFTER THE BATTLE OF COLENSO, DECEMBER 15, 1899

Since the conduct of General Sir Redvers Buller in regard to the Relief of Ladysmith has been much discussed, it seems necessary for the sake of the completeness of this Record of the War to reproduce, without comment, the Official Correspondence which followed the defeat at Colenso. General Buller himself forwarded the Despatches to the Press Association, accompanied by the following letter:--

"17 LOWDNES SQUARE, W., _July 7, 1902_.

"I send you the enclosed document in the exact form in which it
has been supplied to me by the Secretary of State for War for
publication, and I shall be much obliged if you will kindly
circulate it to all newspapers, together with this letter, as I
wish to supplement the document by the remark that I was
delighted to receive the answer of the Secretary of State for
War of the 16th December 1899, because it assured me that
forces which I had been apprehensive were pledged in another
and less important direction would be at my disposal for
operations in Natal. Thanking you in anticipation, I am, sir,
yours faithfully,

"REDVERS BULLER, _General_."

FROM SIR R. BULLER TO THE SECRETARY OF STATE FOR WAR.

"CHIEVELEY CAMP, _December 15, 1899_.

"A serious question is raised by my failure to-day. I do not
now consider that I am strong enough to relieve Ladysmith.
Colenso is a fortress which, if not captured by a rush, could,
I think, only be taken by a siege. Within the eight miles from
the point of attack there is no water, and in this weather that
exhausts infantry. The place is fully entrenched. I do not
think we saw either a gun or a Boer all day, but the fire
brought to bear on us was very heavy. The infantry were willing
enough to fight, but the intense heat absolutely exhausted
them. I consider I ought to let Ladysmith go and to occupy a
good position for the defence of South Natal, and so let time
help us. But I feel I ought to consult you on such a step.
Twenty thousand men, I consider, faced us to-day; both in arms
and in position they had the advantage. They admit, indeed,
that they suffered severely, but my men are dispirited because
they have not seen a dead Boer. My losses have not been very
heavy; much heavier, indeed, I could have made them, but the
moment I failed to get on the run the result would have been
the same. I was beaten. I now feel I cannot say that with my
available force I can relieve Ladysmith, and I suggest that for
me to occupy a defensive position and fight it out in a country
better suited to our tactics is the best thing that I can do."

FROM THE SECRETARY OF STATE FOR WAR TO GENERAL SIR R. BULLER.

"WAR OFFICE, _December 16, 1899_.

"The abandonment of White's force and its consequent surrender
is regarded by the Government as a national disaster of the
greatest magnitude. We would urge you to devise another attempt
to carry out its relief, not necessarily viâ Colenso, making
use of the additional men now arriving if you think fit."

FROM SIR R. BULLER TO SIR G. WHITE.

"_December 16, 1899_.

"I tried Colenso yesterday but failed; the enemy is too strong
for my force, except with siege operations, and these will take
one full month to prepare. Can you last so long? If not, how
many days can you give me in which to take up defensive
position? After which I suggest you firing away as much
ammunition as you can and making best terms you can. I can
remain here if you have alternative suggestion, but unaided I
cannot break in. I find my Infantry cannot fight more than ten
miles from camp, and then only if water can be got, and it is
scarce here."

NOTE.--In his subsequent message of 17th December Sir R. Buller said the above message had been signalled correctly, but asked to make the following corrections:--

"Strike out from 'If not how many' down to 'after which'
inclusive, and substitute 'How many days can you hold out?' Add
to end of message, 'Whatever happens recollect to burn your
cipher, decipher, and code-books, and all deciphered
messages.'"

Message of 16th December, as altered by that of 17th December 1899:--

"I tried Colenso yesterday but failed; the enemy is too strong
for my force, except with siege operations, and these will take
one full month to prepare. Can you last so long? How many days
can you hold out? I suggest you firing away as much ammunition
as you can and making best terms you can. I can remain here if
you have alternative suggestion, but unaided I cannot break in.
I find my Infantry cannot fight more than ten miles from camp,
and then only if water can be got, and it is scarce here.
Whatever happens recollect to burn your cipher, decipher, and
code-books, and all deciphered messages."

FROM SIR G. WHITE TO SIR R. BULLER.

"_December 16, 1899_.

"Yours of to-day received and understood. My suggestion is that
you take up strongest available position that will enable you
to keep touch of the enemy and harass him constantly with
artillery fire, and in other ways as much as possible. I can
make food last for much longer than a month, and will not think
of making terms till I am forced to. You may have hit enemy
harder than you think. All our native spies report that your
artillery fire made considerable impression on enemy. Have your
losses been very heavy? If you lose touch of enemy, it will
immensely increase his opportunities of crushing me, and have
worse effect elsewhere. While you are in touch with him, and in
communication with me, he has both of our forces to reckon
with. Make every effort to get reinforcements as early as
possible, including India, and enlist every man in both
colonies who will serve and can ride. Things may look brighter.

"The loss of 12,000 men here would be a heavy blow to England.
We must not yet think of it. I fear I could not cut my way to
you. Enteric fever is increasing alarmingly here. There are now
180 cases, all within last month. Answer fully; I am keeping
everything secret for the present till I know your plans."

RECIPIENTS OF THE VICTORIA CROSS

(_Continued_)

King Edward VII. was pleased to confer the decoration of the Victoria Cross on the following officers, non-commissioned officers, and men, whose claims were submitted to his Majesty's approval, for their conspicuous bravery in South Africa, as stated against their names:--

=Captain H. N. Schofield=,[11] Royal Field Artillery.--At Colenso, on December 15, 1899, when the detachments serving the guns of the 14th and 60th Batteries Royal Field Artillery had all been killed, wounded, or driven from them by infantry fire at close range, Captain Schofield went out when the first attempt was made to extricate the guns, and assisted in withdrawing the two that were saved.

=Private C. Ravenhill=, 2nd Battalion Royal Scots Fusiliers.--At Colenso, on December 15, 1899, Private Ravenhill went several times, under a heavy fire, from his sheltered position as one of the escort to the guns, to assist the officers and drivers who were trying to withdraw the guns of the 14th and 66th Batteries Royal Field Artillery, when the detachments serving them had all been killed, wounded, or driven from them by infantry fire at close range, and helped to limber up one of the guns that were saved.

=Lieutenant (now Captain and Brevet-Major) J. E. I. Masterson=, 1st Battalion Devonshire Regiment.--During the action at Wagon Hill on January 6, 1900, Lieutenant Masterson commanded, with the greatest gallantry and dash, one of the three companies of his regiment which charged a ridge held by the enemy and captured their position. The companies were then exposed to a most heavy and galling fire from the right and left front. Lieutenant Masterson undertook to give a message to the Imperial Light Horse, who were holding a ridge some hundred yards behind, to fire to the left front and endeavour to check the enemy's fire. In taking this message he crossed an open space of a hundred yards which was swept by a most heavy cross fire, and though badly wounded in both thighs managed to crawl in and deliver his message before falling exhausted into the Imperial Light Horse trench. His unselfish heroism was undoubtedly the means of saving several lives.

=Privates R. Scott and J. Pitts=, 1st Battalion Manchester Regiment.--During the attack on Cæsar's Camp, in Natal, on January 6, 1900, these two men occupied a sangar, on the left of which all our men had been shot down and their positions occupied by Boers, and held their post for fifteen hours without food or water, all the time under an extremely heavy fire, keeping up their fire and a smart look-out, though the Boers occupied some sangars on their immediate left rear. Private Scott was wounded.

=Sergeant W. Firth=, 1st Battalion West Riding Regiment.--During the action at Plowman's Farm, near Arundel, Cape Colony, on February 24, 1900, Lance-Corporal Blackman, having been wounded and lying exposed to a hot fire at a range of from four to five hundred yards, Sergeant Firth picked him up and carried him to cover. Later in the day, when the enemy had advanced to within a short distance of the firing line. Second Lieutenant Wilson being dangerously wounded and in a most exposed position, Sergeant Firth carried him over the crest of the ridge, which was being held by the troops, to shelter, and was himself shot through the nose and eye while doing so.

=Corporal J. J. Clements=, Rimington's Guides.--On February 24, 1900, near Strijdenburg, when dangerously wounded through the lungs and called on to surrender, Corporal Clements threw himself into the midst of a party of five Boers, shooting three of them with his revolver, and thereby causing the whole party to surrender to himself and two unwounded men of Rimington's Guides.

=Captain N R. House=, New South Wales Medical Staff Corps.--During the action at Vredefort on July 24, 1900, Captain House went out under a heavy cross fire and picked up a wounded man and carried him to a place of shelter.

=Sergeant H. Hampton=, 2nd Battalion Liverpool Regiment.--On August 21, 1900, at Van Wyk's Vlei, Sergeant Hampton, who was in command of a small party of Mounted Infantry, held an important position for some time against heavy odds, and when compelled to retire saw all his men into safety, and then, though he had himself been wounded in the head, supported Lance-Corporal Walsh, who was unable to walk, until the latter was again hit and apparently killed, Sergeant Hampton himself being again wounded a short time after.

=Private E. Durrant=, 2nd Battalion Rifle Brigade.--At Bergendal, on August 27, 1900, Acting-Corporal Wellar having been wounded, and being somewhat dazed, got up from his prone position in the firing line, exposing himself still more to the enemy's fire, and commenced to run towards them. Private Durrant rose, and pulling him down endeavoured to keep him quiet, but finding this impossible he took him up and carried him back for 200 yards under a heavy fire to shelter, returning immediately to his place in the line.

=Private C. Kennedy=, 2nd Battalion Highland Light Infantry.--At Dewetsdorp, on November 22, 1900, Private Kennedy carried a comrade, who was dangerously wounded and bleeding to death, from Gibraltar Hill to the hospital, a distance of three-quarters of a mile, under a very hot fire. On the following day, volunteers having been called for to take a message to the commandant across a space over which it was almost certain death to venture, Private Kennedy at once stepped forward. He did not, however, succeed in delivering the message, as he was severely wounded before he had gone twenty yards.

=Farrier-Major W. J. Hardham=, 4th New Zealand Contingent.--On January 28, 1901, near Naauwpoort, this non-commissioned officer was with a section which was extended and hotly engaged with a party of about twenty Boers. Just before the force commenced to retire Trooper M'Crae was wounded and his horse killed. Farrier-Major Hardham at once went under a heavy fire to his assistance, dismounted and placed him on his own horse, and ran alongside until he had guided him to a place of safety.

=Sergeant W. B. Traynor=, 2nd Battalion the Prince of Wales's Own (West Yorkshire Regiment).--During the night attack on Bothwell Camp on February 6, 1901, Sergeant Traynor jumped out of a trench and ran out under an extremely heavy fire to the assistance of a wounded man. While running out he was severely wounded, and being unable to carry the man by himself he called for assistance. Lance-Corporal Lintott at once came to him, and between them they carried the wounded soldier into shelter. After this, although severely wounded, Sergeant Traynor remained in command of his section, and was most cheerful, encouraging his men till the attack failed.

=Lieutenant F. B. Dugdale=, 5th Lancers.--On March 3, 1901, Lieutenant Dugdale, who was in command of a small outpost near Derby, having been ordered to retire, his patrol came under a heavy fire at a range of about two hundred and fifty yards, and a sergeant, two men, and a horse were hit. Lieutenant Dugdale dismounted and placed one of the wounded men on his own horse; he then caught another horse, galloped up to a wounded man and took him up behind him, and brought both men safely out of action.

=Lieutenant F. W. Bell=, West Australian Mounted Infantry.--At Brakpan, on May 16, 1901, when retiring through a heavy fire after holding the right flank, Lieutenant Bell noticed a man dismounted and returned and took him up behind him. The horse, not being equal to the weight, fell with them. Lieutenant Bell then remained behind and covered the man's retirement till he was out of danger.

=Sergeant James Rogers=, South African Constabulary.--On the 15th June 1901, during a skirmish near Thabanchu, a party of the rearguard of Captain Sitwell's column, consisting of Lieutenant F. Dickinson, Sergeant James Rogers, and six men of the South African Constabulary, was suddenly attacked by about sixty Boers. Lieutenant Dickinson's horse having been shot, that officer was compelled to follow his men on foot. Sergeant Rogers seeing this, rode back, firing as he did so, took Lieutenant Dickinson up behind him, and carried him for half a mile on his horse. The sergeant then returned to within four hundred yards of the enemy and carried away, one after the other, two men who had lost their horses, after which he caught the horses of two other men, and helped the men to mount. All this was done under a very heavy rifle fire. The Boers were near enough to Sergeant Rogers to call on him to surrender: his only answer was to continue firing.

=Lieutenant W. J. English=, 2nd Scottish Horse.--This officer with five men was holding the right of a position at Vlakfontein on July 3, 1901, during an attack by the Boers. Two of his men were killed and two wounded, but the position was still held largely owing to Lieutenant English's personal pluck. When the ammunition ran short he went over to the next party and obtained more; to do this he had to cross some fifteen yards of open ground under a heavy fire at a range of from twenty to thirty yards.

=Private H. G. Crandon=, 18th Hussars.--On July 4, 1901, at Springbok Laagte, Privates Berry and Crandon were scouting towards a kopje when the Boers suddenly opened fire on them at a range of one hundred yards. Private Berry's horse fell and became disabled, and he was himself shot in the right hand and left shoulder. Private Crandon at once rode back under a heavy fire to his assistance, gave up his horse to the wounded man to enable him to reach shelter, and followed him on foot having to run for one thousand one hundred yards, all the time under fire.

=Sergeant-Major Alexander Young=, Cape Police.--Towards the close of the action at Ruiter's Kraal, on the 13th of August 1901, Sergeant-Major Young, with a handful of men, rushed some kopjes which were being held by Commandant Erasmus and about twenty Boers. On reaching these kopjes the enemy were seen galloping back to another kopje held by the Boers. Sergeant-Major Young then galloped on some fifty yards ahead of his party, and closing with the enemy shot one of them and captured Commandant Erasmus, the latter firing at him three times at point blank range before being taken prisoner.

=Lieutenant L. A. E. Price Davies. D.S.O.=, King's Royal Rifle Corps.--At Blood River Poort, on September 17, 1901, when the Boers had overwhelmed the right of the British column, and some four hundred of them were galloping round the flank and rear of the guns, riding up to the drivers (who were trying to get the guns away) and calling on them to surrender, Lieutenant Price Davies, hearing an order to fire on the charging Boers, at once drew his revolver and dashed in among them, firing at them in a most gallant and desperate attempt to rescue the guns. He was immediately shot and knocked off his horse, but was not mortally wounded, although he had ridden to what seemed to be almost certain death without a moment's hesitation.

=Driver F. G. Bradley=, 69th Battery Royal Field Artillery.--During the action at Itala, Zululand, on the 26th September 1901, Major Chapman called for volunteers to carry ammunition up the hill. To do this a space of about one hundred and fifty yards swept by a heavy cross fire had to be crossed. Driver Lancashire and Gunner Bull at once came forward and started, but half-way across Driver Lancashire fell wounded. Driver Bradley and Gunner Rabb without a moment's hesitation ran out and caught Driver Lancashire up, and Gunner Rabb carried him under cover, the ground being swept by bullets the whole time. Driver Bradley then, with the aid of Gunner Boddy, succeeded in getting the ammunition up the hill.

=Private W. Bees=, 1st Battalion Derbyshire Regiment.--Private Bees was one of the Maxim-gun detachment which at Moedwil on the 30th September 1901 had six men hit out of nine. Hearing his wounded comrades asking for water he went forward, under a heavy fire, to a spruit held by Boers about five hundred yards ahead of the gun, and brought back a kettle full of water. In going and returning he had to pass within one hundred yards of some rocks also held by Boers, and the kettle which he was carrying was hit by several bullets.

=Lieutenant L. C. Maygar=, 5th Victorian Mounted Rifles.--At Geelhoutboom, on the 23rd November 1901, Lieutenant Maygar galloped out and ordered the men of a detached post, which was being outflanked, to retire. The horse of one of them being shot under him, when the enemy were within two hundred yards, Lieutenant Maygar dismounted and lifted him on to his own horse, which bolted into boggy ground, causing both of them to dismount. On extricating the horse, and finding that it could not carry both, Lieutenant Maygar again put the man on its back and told him to gallop for cover at once, he himself proceeding on foot. All this took place under a very heavy fire.

=Surgeon-Captain T. J. Crean=, 1st Imperial Light Horse.--During the action with De Wet at Tygerskloof, on the 18th December 1901, this officer continued to attend to the wounded in the firing line, under a heavy fire at only one hundred and fifty yards' range, after he had himself been wounded, and only desisted when he was hit a second time, and, as it was at first thought, mortally wounded.

=Surgeon-Captain A. Martin-Leake=, South African Constabulary.--During the action at Vlakfontein, on the 8th of February 1902, Surgeon-Captain Martin-Leake went up to a wounded man and attended to him under a heavy fire from about forty Boers at a hundred yards' range. He then went to the assistance of a wounded officer, and while trying to place him in a comfortable position was shot three times, but would not give in till he rolled over thoroughly exhausted. All the eight men at this point were wounded, and while they were lying on the veldt Surgeon-Captain Martin-Leake refused water till every one else had been served.

FOOTNOTES:

[11] See Author's remarks, Biographical Record, vol. vi.

TRANSCRIBERS' NOTES

General: Corrections to punctuation have been made but not individually noted General: Variable hyphenation of pom(-)pom and women(-)folk as in the original text General: Variable accenting of depôt and bonâ as in the original text Page iv: Arril corrected to April in first section of chapter XVII Page v: Klersdorp standardised to Klerksdorp Page vii: Herschell standardised to Herschel Page x: Ookief standardised to Ookiep Pages 9, 105, 106: Variable spelling of Boesman's Kop/Boesmans Kop/ Boesmanskop as in the original Pages 19, 148: Lambart's Bay standardised to Lambert's Bay Pages 31, 34, 113: Venterdorp standardised to Ventersdorp Page 39: prisioners corrected to prisoners Page 41: Commandant Brester corrected to Bester; Luneburg standardised to Luneberg Page 45: Steelport standardised to Steelpoort Page 72: Lydenberg standardised to Lydenburg Page 82: Luckkoff standardised to Luckhoff; Frederickstad standardised to Frederikstad Page 85: Presidents corrected to President Page 91: Bothasberg as in the original. Left as part of a quotation Pages 95, 120: Middlekraal standardised to Middelkraal Page 101: livlihood corrected to livelihood Page 109: spendidly corrected to splendidly Page 114: maurauders corrected to marauders Page 123: sevitude corrected to servitude Page 135: splended corrected to splendid Page 138: Laingsberg standardised to Laingsburg Page 145: neigbourhood corrected to neighbourhood; Lieuentant-General corrected to Lieutenant-General Page 162: Colonel corrected to Colonels after "by columns under" Page 189: Cornelius River standardised to Cornelis River Page 194: columus corrected to columns