Chapter XXXVII: The End of the War (4)

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

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

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

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

Lord Milner: "There really is a feasible compromise, namely, to allow the notes and receipts to come in and to establish the suggested limit of £1,000,000."

Lord Kitchener: "Would that meet your difficulty?"

Commandant-General Botha: "No."

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

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

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

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

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

Commander-in-Chief de Wet: "We have agreed to fix on a sum of £3,000,000 for the government notes and receipts; their amount paid _pro rata_ can be lowered should this sum prove insufficient. We have drawn up an article to lay before the meeting."

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Lord Milner: "What is the good then?"

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

"Is that satisfactory?"

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

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

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

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

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

The meeting was now adjourned.

WEDNESDAY, MAY 28TH, 1902.

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

Lord Milner read the following memorandum:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

'His Majesty's Government shall place at the disposal of these Commissions the sum of £3,000,000 for the above-mentioned purposes, and shall allow that all notes issued in conformity with Law No. 1, 1900, of the Government of the South African Republic, and all receipts given by the officers in the Veldt of the late Republics, or by their order, may be presented to a judicial Commission by the Government, and in case such notes and receipts are found by this Commission to have been duly issued for consideration in value, then they shall be accepted by the said Commission as proof of war losses, suffered by the persons to whom they had originally been given. In addition to the above-named free gift of £3,000,000, His Majesty's Government will be prepared to grant advances, in the shape of loans, for the same ends, free of interest for two years, and afterwards repayable over a period of years with three per cent. interest. No foreigner or rebel shall be entitled to benefit by this clause.'

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

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

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

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

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

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

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

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

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

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

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

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

The meeting now adjourned.

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

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

THE MIDDELBURG PROPOSAL.

LORD KITCHENER TO COMMANDANT-GENERAL BOTHA.

PRETORIA, _March 7, 1901_.

YOUR HONOUR,--

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

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

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

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

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

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

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

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

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

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

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

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

Appendix C

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

MAY 29TH, 1902.

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

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

REPORT OF THE COMMISSION.

PRETORIA, _28th May_, 1902.

_To the Governments of the Orange Free State and the South African
Republic:_

HONBLE. GENTLEMEN,--

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

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

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

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

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

We have the honour to remain, etc.,

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

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

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

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

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

General Froneman seconded this proposal.

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

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

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

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

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

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

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

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

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

The meeting then adjourned until 7.15 p.m.

Upon reassembling, Commandant Cronje (Winburg) said that he would not detain the meeting for long; he only wished to say a very few words. It had been rightly said that they were passing through a momentous period of their history. To his mind the present was _the_ critical epoch in the existence of the African nation, whose destinies they had now to decide. Delegates were asking what hopes they could now entertain. But what grounds for hope were there when the war began? In his opinion there were none. It was only that men believed then that Right was Might, and put their trust in God. And God had helped them. When the enemy had entered their country everything was dark. There had been a day on which more than four thousand men had surrendered. Then, even as now, they had been without hope. Then, even as now, those who wanted to continue the war had been told that they were mad. That had been some two years ago, and yet the war was still going on. Then, even as now, there had been no food, and yet they had managed to live. The delegates represented a free people; let them not take a step of which they would afterwards repent. As regarded intervention, he had often said that one could not rely on it. But they _could_ rely on God. When he returned to his burghers, and was questioned as to his reason for the course of action which he had advocated, he hoped to be able to answer, "Belief in God." There had always been times when there was no food, and yet they had always managed to live. A deputation had been officially sent to Europe, and was now there to represent their interests. Had the meeting lost its confidence in that deputation? Did it not realize that if the case of the Republic was hopeless in Europe the deputation would send word to that effect? It had been said that by continuing the war they would be exterminating the nation. He did not believe this. The way to exterminate the nation was to accept the British proposal. To go on with the war was their only policy, and it was a very good policy. The deputation had claimed that their advice should be taken before any negotiations were attempted. What right, then, had the delegates to give up the war on the basis of the proposal now before them? To do so was to give the death blow to their national existence; later on they would have cause to rue it. Moreover, the proposal did not safeguard the interests of their brethren in Cape Colony. Again, landed property belonging to burghers had already been sold, and in all probability these burghers would never see any of the proceeds. The sum (£3,000,000) which the proposal offered to compensate for all damages, was not sufficient to cover damage already done. For these and other reasons the proposal could not be accepted. No other course was open to them except to reject the proposal and to continue hostilities.

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

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

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

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

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

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