Chapter V: Further Negotiations at Pretoria (2)

Chief Commandant DE WET: With that I fully agree. I appreciate your standpoint, but it is an absolute impossibility to name the amount. Let us withdraw for a moment to discuss this point.

The meeting then adjourned and met again at 2.30 o'clock.

Chief Commandant DE WET: We have agreed to fix an amount of L3,000,000 for Government notes and receipts, which can be reduced _pro rata_ if this amount is not sufficient. We have drafted a clause to submit to you.

General Smuts read the draft, which is embodied in the last paragraph of Clause 11 of the draft agreement. (See p. 117.)

In reply to Lord Kitchener:

Chief Commandant DE WET said: The prisoners-of-war on the various islands who hold such notes ought also to have the opportunity for presenting them.

Lord MILNER: What is your next point? We now understand what your views are on this matter.

General BOTHA: Must I understand that we pass from this point?

Lord MILNER: That document contains your views which we now know.

General BOTHA: We must know what we must say to our delegates.

Lord KITCHENER: Is that the only point or will other points be raised?

General BOTHA: There is another point with reference to the protection of debtors. This is a serious, a vital question for us.

Lord MILNER: There must be a good understanding between us.... Let everything be embodied in one document.

General SMUTS: Most of the debts incurred before the war will be payable at the conclusion of the war. And, if the debtors cannot pay, we are afraid it will be ruination for a large proportion of the population. And we would like to see that steps are taken to prevent this. If Lord Milner intends to take such steps we should like to be informed what they are.

Lord MILNER: I think it would be better if you made a proposal on this point.

General SMUTS: Our proposal generally would be: that all interest which became payable during the war be added to the principal sum, and that the payment of the principal be put off until twelve months after the conclusion of the war.

Lord KITCHENER: Is it necessary to have this as a proposal?

General SMUTS: If the Government is prepared to meet this difficulty it is unnecessary to make a formal clause of it in the draft agreement.

Lord MILNER: According to my view our Government makes certain promises in this document, and I am of opinion that all promises to which reference will later on be made must be embodied herein. Any matter on which it is desired to bind the Government must be in this document and not outside it. I will not say that I want further clauses, but above all I wish to prevent misunderstanding.

General SMUTS: In that case we are prepared to propose a clause to meet this difficulty.

General BOTHA: We raise this point so that early measures may be taken if we come to an understanding. If a great portion of the population become subjects of His Majesty, it is to the interest of everyone, especially of the Government, to see that these people are not ruined. They will be thrown on the Government, who will have to care for them. If we do not take any steps now then speculators who have bought up debts will demand payment immediately after peace is concluded; and as soon as the courts of law are open they can sue the debtors, and we want to guard against that.

Lord MILNER: I agree with the Commandant General that this is the view which I take of the matter, and that as soon as these people become subjects of His Majesty they must be cared for. But I think it is neither necessary nor advisable to lay down in all particulars the way in which His Majesty's Government must care for these people. I think that there is perhaps an idea--perhaps a natural idea--that because we have fought the burghers therefore when peace is concluded there will be a feeling of enmity towards them. The contrary, however, is the truth. From the moment hostilities cease our desire would naturally be to try to gain the confidence of the burghers, and to attend to the interests of the people. But if we must bind ourselves beforehand with reference to the manner with which we shall deal with all sorts of complicated legal questions, this will certainly lead to misunderstanding. Naturally if a certain amount of confidence is not reposed in us, that we shall try to be a just government, and try to keep the balance even between the various classes of His Majesty's subjects, then all I can say is this: Put in writing all that you can possibly think of, and let us submit it to His Majesty's Government and see what they think of it.

Chief Commandant DE WET: I hope it will not be presumed that we sit here to bind the hands of His Majesty's Government. Sufficient other points will continually crop up by means of which the Government can gain the confidence of the population. But with reference to the financial condition of the burghers who have been entirely ruined, we feel ourselves obliged to make some arrangement which will be a weapon in our hand when we return to the delegates.

General BOTHA: I do not quite understand Lord Milner. I did not understand from Chamberlain's telegram that we should make new proposals to bind your hands. I understood that proposals should be made with the object and the wish to secure peace.

Lord KITCHENER: I do not think it quite necessary to embody this proposal in the document. It concerns a very complicated legal question, as to what the rights of creditors and debtors will be, and what the law in the Transvaal precisely is on this subject. I think that everyone may feel assured that the interests of the Boers will be protected equally well by the Government in every possible way, whether this point is actually stipulated or whether it is left over to the Government with the recommendation of this Commission to take the matter into serious consideration. I think that my suggestion is a better way of dealing with such a complicated question. Let the attention of the Government rather be drawn to it. I may be wrong, but as far as I know this will be an intricate question for lawyers, and it would take a long time to state it clearly. It is the desire of us all that you should go to the meeting of your delegates so equipped that you will be able to come to a decision; and I would therefore suggest that you be satisfied that the matter has been brought before us, and entered on the minutes of the meeting. That is, I believe, as far as it is necessary for you to go. The matter can then be taken into serious consideration, not only here, but also in England. And you can be perfectly assured that your interests will be considered in every possible way.

General DE LA REY: I think that the matter has been sufficiently brought to the notice of Your Excellencies, and that it need not be embodied in the draft contract, because by doing so one might possibly be infringing on legal principles.

Chief Commandant DE WET: I proceed from this standpoint: There are two parties, and the one ceases entirely to exist, and it is thus natural that that party cannot allow such a vital question to pass by unobserved. And therefore I cannot approve of it that the matter be not inserted in the draft contract. It will not be necessary to bind the Military Government that exists at present and will continue to exist after the war.

Lord KITCHENER: But this question will have to be dealt with by the civil Government. It is a matter for lawyers, and will have to be submitted to them and demand much consideration.

General BOTHA: If hostilities are terminated now a burgher can be sued for debt incurred before the war. I prefer this request, because our law lays down that no burgher can be sued until sixty days after the conclusion of peace.

Lord KITCHENER: You may rest fully assured that when the war is over every burgher will have the absolute right to have his position taken into consideration on all points, and that his interests will be protected by the Government just as much, I believe, under the new as under the old _regime_.

General BOTHA: I understand that quite well; but the possibility exists that syndicates may be formed to buy up all debts, and the people be ruined before a single burgher is in a position to earn something or to establish his position.

Lord KITCHENER: I quite agree with the Commandant General, and he does right to raise this question. But I do not believe that the draft contract is the place in which to bring the question forward. When there is peace, it is the duty of everyone to draw the attention of the Government to what is necessary to help the people. But to imagine difficulties now, and to try to put them right, appears to me to be an endless matter, for which this document is not intended.

Chief Commandant DE WET: I understand that this is something that must be settled by a proclamation, but I want to have as many weapons as possible in my hand when I go back to the Delegates; and one of the first questions which they will put is: "What guarantees have we that we shall not be ruined by our creditors?" And what objection is there that a draft proclamation be given to us to take to Vereeniging, which will be promulgated as soon as peace is concluded?

Lord KITCHENER: But this will be something apart from this agreement.

Chief Commandant DE WET: Yes.

Lord MILNER: What is the good of it then?

Chief Commandant DE WET: It is such a vital question for us that it cannot be taken amiss in us if we insist upon it, because we must give up everything.

Lord KITCHENER: Of course no one takes it amiss in you.

Lord MILNER: But I must point out without taking it amiss in anyone that the effect of what you propose would be that another clause would have to be embodied in the draft contract undertaking to promulgate such a proclamation.

Lord KITCHENER: I believe that if the Delegates received the assurance that the Government will take this matter into consideration in the interests of their subjects, whom they must protect, that this will be sufficient for them. There will be no written obligation, but only an obligation that the matter will be considered. It is not advisable to press this matter with the Government, after it has been brought before them. The opinions of the burghers will be brought before Lord Milner in other ways also.

Chief Commandant DE WET: There are many other small points which we could take up, which it would, however, not be desirable to do, but we are now speaking of a vital question.

Lord KITCHENER: This is one of those questions which, if brought to the attention of the Government, cannot be set aside. And you may inform the burghers that their interests will be protected as much as possible. I think that this ought to be sufficient for you on such a complicated matter. What is spoken here is being taken down, and the minutes will be considered not only here, but also in England. Are you satisfied with that?

General BOTHA: As far as I am personally concerned, yes.

Chief Commandant DE WET: So am I.

Lord MILNER: I hope it is understood that if the matter is left here, there is no obligation on my Government to deal with the matter in a particular way.

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

Lord MILNER: Yes, of course, if we are going to put an understanding on record. Solemnly I think it is necessary that we understand that this document contains everything concerning which there is anything in the form of a "pledge."

Lord KITCHENER: There is thus a "pledge" that this point which you have raised will be considered in your interest.

General SMUTS: Now the question with reference to the payment of receipts still remains.

Lord KITCHENER: That will be referred to the British Government. As regards the amount, that is an essential point, but I am of opinion that the amount is high. I would like to know whether it is understood now that we are agreed on all these draft proposals with your amendment? And that there are not any other matters? Because they will have to be telegraphed to England.

Chief Commandant DE WET: We have no other matters.

Lord MILNER: The proposed telegram which I wish to transmit reads as follows: "The Commission is prepared to submit the following document to the meeting of representatives of their Burghers (if it is approved of by His Majesty's Government), and to ask that meeting for a 'yes' or 'no' vote." Is that good?

Chief Commandant DE WET: Yes, naturally, except that I cannot say that that document is approved of by me; but I will abide by what the Delegates do.

General HERTZOG: I would not like it to be understood that we will use our influence with the Delegates.

Lord MILNER: I think that that is quite understood. I do not understand that this binds the members of the Commission with reference to the opinion which they may express before the Burghers. It only binds them to lay this document before the people, if the British Government approves of it. The telegram which I have just read, and propose to send, makes this clear. I further wish to say that we have departed very much from the Middelburg proposals, and I believe it is fully understood that the Middelburg proposals are absolutely dead, and if this document is agreed to and signed, there can then be no attempt to explain this document or the terms thereof by anything in the Middelburg proposals.

The meeting then adjourned.

WEDNESDAY, MAY 28, 1902.

The Commission again met Lord Milner and Lord Kitchener at 11 a.m. to hear the reply of the British Government to the draft proposal submitted to them by their Lordships.

Lord Milner read the following Memorandum: "In reply to our last telegram drafted at our last meeting with the consent of the Commission, and of which they have received a copy, the following message has been received from His Majesty's Government: 'His Majesty's Government approves of submitting to the Meeting for a "yes" or "no" vote the document drafted by the Committee, and transmitted to the Secretary of State for War by Lord Kitchener on May 21, with the following alterations[4]:

[Footnote 4: Compare the first document, page 116, with what
follows here.]

General Lord KITCHENER OF KHARTOUM,
_Commanding-in-Chief_,

and

His Excellency Lord MILNER,
_High Commissioner_,
on behalf of the BRITISH GOVERNMENT,

and

Messrs. S. W. BURGER, F. W. REITZ, Louis BOTHA, J. H. DE LA REY,
L. J. MEYER, and J. C. KROGH,
acting as the GOVERNMENT of the SOUTH AFRICAN REPUBLIC,

and

Messrs. M. T. STEYN, W. J. C. BREBNER, C. R. DE WET, J. B. M.
HERTZOG, and C. OLIVIER,
acting as the GOVERNMENT of the ORANGE FREE STATE
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 de la Rey, and Chief Commandant de Wet.

2. 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.

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 so surrendering or so returning for any Acts in connection with the prosecution of the War. The benefit of the Clause will not extend to certain Acts contrary to the usages of War which have been notified by the 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 the 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 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 for 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 three million pounds sterling for the above purposes, and will allow all notes, issued under Law No. 1 of 1900 of the GOVERNMENT of the SOUTH AFRICAN REPUBLIC, and all receipts, given by the 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 consideration, 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 three million pounds, His Majesty's Government will be prepared to make advances as loans 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."

Lord MILNER: In submitting this communication to the Commission, we are instructed to add that if this opportunity of concluding an honourable peace is not availed of within a time to be fixed by us, the Conference will be considered at an end, and that His Majesty's Government will not in any way be bound by the present terms. In order that there may be no misunderstanding with reference to these terms, I have made a copy of the document and of Lord Kitchener's telegram, with the additions and alterations made by His Majesty's Government with a memorandum of what I have now said.

A discussion followed over the time that would be required to consider the matter at Vereeniging, and it was agreed that General Botha would propose a time-limit before the Committee left Pretoria that day.

This was done later on, and the time was fixed for Saturday evening, May 31, 1902, at the latest.

General Botha asked whether there would be any objection to the Delegates deleting some clause or other from the proposal now submitted by the British Government?

Lord MILNER: There can be no alteration. There must simply be a reply of "yes" or "no."

General Botha thought that they had the right to alter one or more of the clauses, because the burghers in the field had the right to surrender unconditionally.

Lord Milner said that the burghers could naturally do so. But the document from the British Government could not be altered.

THE COLONIAL REBELS.

Privately, much discussion had already taken place in the interests of the Colonials who had fought on the Republican side, and an informal conversation now followed on this subject.

Lord Milner communicated what the British Government intended to do with these Colonists, which intention appears from the following document which he read:--

"HIS MAJESTY'S GOVERNMENT must place it on record that the treatment of CAPE and NATAL Colonials 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 the 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, that they should all upon surrender after giving up their Arms sign a document before the Resident Magistrate of the 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 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 the Cape Colony and all other persons holding an Official Position under the Government of the Cape Colony, or who may occupy the Position of Commandant of Rebel or Burgher Forces, they should be tried for High Treason before the ordinary Court of the Country or such special Courts as may be hereafter constituted by Law, the Punishments for their Offence to be left to the discretion of the Court, with this proviso, that in no case shall the 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 Conference then broke up. The secretaries, assisted by Advocates N. J. de Wet and Igns. S. Ferreira immediately commenced with the task of making copies and translations of the proposals of the British Government for the use of the Meeting of the Delegates at Vereeniging. This work occupied them till the evening.

At 9 o'clock p.m. the Commission left for Vereeniging by special train.