Select constitutional documents illustrating South African history, 1795-1910

Front matter

Stlfata, Mew lavtt

BOUGHT WITH THE INCOME OF THE

SAGE ENDOWMENT FUND

Preface

This volume is intended to supply the papers and documents necessary to the study of South African history from the year 1795. It fills a gap in the series of works by various compilers which have done so much towards the careful study of the constitutions of the United Kingdom and the outlying dominions. It is hoped also that at this time when so much thought is given to imperial relations it may serve as a handy book of reference for estimating the character of the various elements that have contributed towards the building up of the youngest of the three great British Dominions. The work is really more than a volume of select documents, for it contains nearly all the instruments necessary to follow the broad lines of the constitutional history of the four colonies that formed the Union. There will also be found some mention of practically every, important step taken towards the extension of British rule and the placing of native territories under European control . Three documents which will form the basis of negotiation towards the end of the War or shortly afterwards have been included in, Appendices. Under the heading "Natal" are now pubHshed several papers relating to the Great Trek which have probably never been seen by anybody now alive outside official circles except two or three historians. These are included with the kind permission of Mr. Secretary Bonar Law and after him Mr. Secretary Long. Most of the Free State laws given below are to be found nowhere in London except in one private collection of books, the fine South African library collected by the late Mr. Sidney Mendelssohn.

A few documents are given in their entirety as originally issued, the object being to show the exact form given at various times in the different countries to proclamations, ordinances, acts of the legislatures, imperial papers, and vi 'Preface

so forth. Where a portion of a document has been summarised or abbreviated this is indicated by the customary marks. In a very few cases where I wished to draw attention to an Act only the title and the date are given.

As regards the plan of arrangement, it seemed desirable to adopt for the Cape of Good Hope and Natal a scheme that would have the advantage of maintaining the unity of interest with regard to the main groups of persons who performed the duties of government. There will therefore be found for each of these colonies three divisions — Central Government, Local Government, and Administration of Justice. In only a very few cases does a document deal to any extent with two or more of these. If the traditional division into Executive, Legislature, and Judiciary had been made, a more logical basis might be established, but then it would have been impossible to avoid splitting up a large number of Acts and giving the different parts under various heads. Such a course seemed undesirable. As the papers are here arranged, matters relating to the executive and the legislature will have to be sought for under the first heading, those relating to municipal and divisional councils under the second, and magistrate's courts, high courts, and native courts are included under the third. No distinction has been made with regard to the origin of the documents. Instruments issued by the Crown in Council, by the Governor, or by the colonial legislature may be found side by side under any of the three headings.

In the case of the Orange Free State and the South African Republic, the Grondwet or constitution of each contains provisions for every branch of goverimient. Here again it would lead to chaos if the documents were to be subdivided, therefore a purely chronological arrangement has been made. When any particular subject is to be consulted, the Index at the end of the volume will serve as a guide. The laws of these two countries were drawn up in Dutch. With the originals an English translation has been given in every case. I have attempted to make the rendering as literal as possible. Where a portion of an Act in Dutch has been summarised I have adhered as much as possible to the spelling and grammatical forms of the original. Titles of dignity occurring in the Dutch text have as a rule been omitted in translating.

Preface vii

As there exists no work dealing specially with the constitutional history of the South African colonies the subject has been treated at considerable length in the Introduction. Though I have consulted nearly all the published records and the unpublished documents in the Public Record Office relating to South Africa up to i860, I have often been greatly assisted also by the very thorough and reliable histories of Dr. G. McC. Theal.

Mr. Advocate Gregorowski of Pretoria has kindly sent me a good deal of information regarding the Free State laws passed between 1867 and 1891. I also wish to record my gratitude for ready assistance afforded me in my search for the documents in the Public Record Office, the British Museum, the Colonial Office Library, the Royal Colonial Institute, and the Office of the High Commissioner for South Africa. My best thanks are particularly due to those who by their lively interest in the progress of the work, by encouragement, and by expert advice have made my task a light one and a source of genuine pleasure. To the willing co-worker who has copied several of the documents and assisted in many other ways I desire to acknowledge my indebtedness.

G. W. EYBERS.

King's College, London, i-^th October 1917.

Table Of Contents

Preface

Some Abbreviations Employed

PAGE V

Introduction

SECTION SUBJECT.

I. The Cape of Good Hope under the Dutch, 1652-1795

II. The Cape of Good Hope under the British Crown,

1795-1910 .....

III. The High Commissionership for South Africa

V. The Orange Free State, i 836-1910

VI. The South African Republic, 1836-1910 VII. The Union of South Africa

XXVI I

xli

xliii

Ix

Ixvii

Ixxv

DOCUMENTS.

CHAPTER I. The Cape of Good Hope

Section A. — Central Ooirernment.

no. title and date.

1. Request for an Order to surrender the Cape, i Feb. 1795

2. Order to admit British Forces into the Cape, 7 Feb. 1795

3. First Surrender of the Cape to the British, 16 Sept. 1795

4. Appointment of the first British Commandant, 30 Sept. 1795

5. Oath of Allegiance required, 7 Oct. 1795 6; Appointment of OflScials, 10 Oct. 1795 .

7. Instructions issued to a Cape Governor, 30 Dec. 1796

9. Treaty of Amiens, 27 March 1802

10. The Cape restored to the Dutch, 21 Feb. 1803

11. Surrender of Cape Town to the British, 10 Jan. 1806

12. Second Surrender of the Cape, 19 Jan. 1806

13. The Farming Out of Licenses, 25 July 1807

14. Vagrancy and Contracts of Hire, i Nov. 1809

15. Sale of Christian Slaves, 9 Oct. 181 2

16. Cession of the Cape to Great Britain, 13 Aug. 18 14

17 18

NO. TITLE AND DATE.

17. The English. Language established, 5 July 1822

18. The First Council appointed, 2 May 1825

19. The Paper Currency, 6 June 1825

20. Extension, of Hottentot Liberties, 17 July 1828

21. Roman Catholic Relief, 13 Jan. 1830 .

22. Debate in the House of Commons, 24 May 1830

23. The Emancipation of the Slaves, 28 Aug. 1833 .

24. Appropriation Ordinance for 1835, 3 Dec. 1834

25. The Eastern Districts Gk)vernment, 19 Feb. 1836

26. Petition for Representative Government, 20 Dec. 1841

27. Nomination of Ministers of Religion by the Crown, i Dec. 1845

28. Public Meetings, 12 Dec. 1848 .

29. The Cape Constitution Ordinance, 3 April 1852

30. Reserved Civil List Ordinance, 1852

31. Freedom of Speech in Parliament, 19 Sept. 1854

32. Incorporation of British Kaffraria, 10 Oct. 1865 33.. Annexation of Basutoland, 11 Aug. 1871

34. Responsible Government, 22 Nov. 1872

35. Amendment of the Constitution Ordinance, 31 July 1874

36. Annexation of Transkeian Territories, 15 Aug. 1879

37. Annexation of Griqualand West, 15 Aug. 1879 .

38. Equal Language Rights in Parliament, 25 May 1882

39. Representation of Kimberley in Parliament, 21 June 1882

40. Disannexation of Basutoland, 18 March 1884 .

41. Annexation of Walfish Bay, 25 July 1885

42. AnnexationofTembuland, 14 July 1885

43. Annexation of the Xesibe Country, 25 Oct. 1886

44. Representation of the Transkei, 9 Aug. 1887 .

45 . Annexation of Rode Valley, i Nov. 1 887

46. The Auditing of Public Accounts, 21 Aug. 1888

47. Salary of High Commissioner for South Africa, 13 Aug,

48. Narrowing the Parliamentary Franchise, 16 Aug. 1892

49. Ministerial Ofi&ces, 12 Sept. 1893

50. Annexation of Pondoland, 25 Sept. 1894

51. Annexation of British Bechuanaland, 11 Nov. 189S

PAGE

23 24

Section B. — Looal OoTernment.

52. Repair of Roads, 21 March 1800

53. Repair of Roads, 13 Sept. 1806.

54. Collection of the Revenue, 28 Feb. 1828

55. Municipal Boards created, 15 Aug. 1836

56. Creation of Road Boards, 22 Nov. 1843

57. Creation of Divisional Councils, 8 June 1855

58. Management of Public Roads, 5 June 1858

59. Educational Boards, 5 June 1858

60. Municipalities, 30 June 1882

XI

Section C— The Administration of Justice.

NO. TITLE AND DATE.

6i. The Courts of Justice, ii Oct. 1795

62. Landdrosts' Ck)urts, 15 Oct. 179s

63. Police Arrangements, 20 May 1797

64. The (Courts of Justice, 24 July 1797 . '

65. Osurt of Appeal in Civil Cases, 29 Maj, 1807

66. Court of Appeal in Criminal Cases, 10 June 1808

67. Circuit Courts established, 16 May 181 1

68. Judicial Proceedings in Public, 25 Sept. 1813 .

69. The Cape Town Court of Landdrost and Heemraden, 5 April

70. Criminal Jurisdiction granted to Local Courts, 18 July 18 17

71. Exclusive Adoption of the English Language postponed

72. Creation of Office of Justice of the Peace, 1 1 Dec. 1827

73. Creation of Office of Resident Magistrate, 19 Dec. 1827

74. The Sheriff of the Cape Colony, 5 Jan. 1828

75. Qualification of Jurors, 4 Feb. 1828

76. The Royal Charter of Justice, 4 May 1832

77. Administration of Insolvent Estates, 24 Oct. 1843

78. Duties of Field-Cornets, 4 July 1848 .

79. Trial by Jury in Civil Cases, 1854

80. Resident Magistrates, 4 June 1856

81. The Eastern Districts Court established, 26 July 1864

82. Special Justices of the Peace, 4 July 1876

83. The Higher Courts of Justice, 8 Sept. 1879

84. Administration of Justice in Griqualand West, 29 July 1880

85. Marriage Licenses, 14 June 1882

86. The Dutch Language in the Courts of Law, 25 July 1884

87. The Law relating to Jurors, 7 Aug. 1885

88. Appeal Court and Sheriff's Duties Act, 29 June 1886 .

89. The Dutch Language Judicial Use Amendment Act, 17 Aug,

PAGE

97 98 98

99 102 102

103 105

los 106

107 107 109 112

113 114 119 120 122

^137

CHAPTER II. Natal

Section A.— Central Government.

91. Treaty between British Residents and Dingaan, King of

92. Manifesto of Emigrant Farmers

93. Attorney-General's Opinion regarding the Great Trek, 13 Aug.

94. British Authority beyond the Cape borders, 13 Aug. 1836 xu

NO.

99- 100.

lOI.

III

TITLE AND DATE. PAGE

Cession of Natal Territory to the Emigrants, 4 Feb. 1837 . 148 Cession of Natal Territory to the King of England, 21 June

1837 . . . . . . . .149

Protest of British Residents against a British Magistrate's

Authority, July 1837 . . . • • 15°

Occupation of Port Natal by the British, 4 Dec. 1838 . 151

Early Legislation of the Natal Republic, 29 July 1839 . 152

Memorialof Emigrants to the Governor, 1839 . -153

Emigrants' Demand for Independence, 4 Sept. 1840 . . 158

Articlesof Agreement and Alliance proposed, 14 Jan. 1 841 . 159 Burghership Law, 14 April 1841 . . . .162

British Authority over Emigrants, 2 Dec. 1 84 1 . .164

Qualification of Volksraad Members, Feb. 1 842 . .166

Emigrant Grievances, 21 Feb. 1842 . . . .167

Demands for Constitutional Liberties, 4 Sept. 1843 . -174

British Authority consolidated, 5 Oct. 1843 . . , .180

Annexation of Natal to the Cape, 31 May 1844 . .182

Maintenance of British Authority over all Emigrants,

Natal a Separate Colony, 30 April 1845 . .184

Legislative Council established, 2 March 1847 . .186

Charterof Natal, IS July 1856 . . . .188

Native Franchise, 24 Aug. 1865 .... 194

Ecclesiastical Grants, 22 Sept. 1869 .... 197

Electoral Divisions, 12 July 1873 .... 198

Constitution Amendment Law, 23 Sept. 187s • • i99

122. Natal Government Railways, 187S-78 . .• 200-1

Constitution Amendment Law, 9 March 1883 . . 201

Franchise Amendment Law, 29 March 1883 . . . 203

Constitution Amendment Law, 2S June 1889 . . 204

Responsible Government, 3 July 1893 • ■ • 204

Ofi&ce of Governor constituted, 20 July 1893 • • • 209

Instructions to the Governor, 20 July 1893 • • .212

Franchise Amendment Act, 23 May 1896 . . .21s

Annexation of Zululand, 29 Dec. 1897 . . .215

Amendment of the Franchise Law, 12 July 1906 . .217

Section B. — liooal Oovernment.

132. Creation of Municipal Boards, 30 March 1847

133. Municipal Corporations, 21 April 1854

134. Municipal Corporations, 16 Aug. 1861

135. Municipal Corporations, 20 Dec. 1872

218 220 224 226

Section O. — Administration of Justice.

136. Establishment of the Roman-Dutch Law 27 Aug. 1845 . 227

137. The District Court erected, 16 Oct. 184s . . 229

138. Field-Cornets and Constables, 7 Jan. 1846 . -231 xm

139- Justices of the Peace, 7 Jan. 1846

140. Resident Magistrates, 34 April 1846 .

141. Administration of Justice among Natives, 23 June 1849

142. Trial by Jury, 18 May 1852

143. Trial by Jury La Civil Cases, 18 May 1852

144. Supreme and Circuit Courts, 10 July 1857

145. Petty Debts Recovery Law, 4 Oct. 1867

146. Native Administration Law, 17 Dec. 1875

147. Transfer of Causes, 11 Nov. 1876

148. Native Administration Law, 9 Sept. 1878

149. Native Administration Law, 18 Sept. 1887

150. Resident Magistrates, 14 Aug. 1889 .

151. Native Law, 1 891

PAGE

.

. 232

.

• 233

June 1849

. 238

.

. 241

.

.

. 246

.

• 247

■ 251

.

. 252

.

• 253

.

• 259

CHAPTER III. The Orange Free State

152. Petition of Trans-Orange Emigrants to Commissioner Cloete

in Natal, 28 Sept. 1843

153. Recognition of the Griqua State, 19 Feb. 1846

154. Preparations for annexing Territory, 27 Jan. 1848

155. Establishment of the Queen's Sovereignty over Territory

between the Orange and the Vaal, 3 Feb. 1 848

156. Provisional Government in the O.R. Sovereignty, 8 March

157. Regulations for the Government of the O.R. Sovereignty

158. The Bloemfontein Convention, 23 Feb. 1854 .

159. The Constitution of the O.F. State, 10 April 1854, ^tc.

160. Ordinance establishing the Dutch Language, 15 April 1854

161. Instructions to Field-Cornets, 16 April 1854

162. Ordinance No. i, 1856

163. Ordinance erecting Municipal Boards, 15 Feb. 1856 ,

164. Ordinance regulating the Qualification of Jurors, 13 Feb

165. The Occupation Law, Ord. No. 2, 1866

166. Ordinance for the Government of Molappo, 23 May 1866

167. Law relating to the People of Paulus Mopeli, 1867 .

168. Law relating to the Higher Courts of Justice

169. Law relating to the Lower Courts of Justice

170. The Convention of Aliwal North, 12 Feb. 1869

171. Settlement of the Diamond Fields Dispute, 13 July 1876

172. Annexation of the Orange Free State, 24 May 1900 .

173. The Vereeniging Peace Treaty, 31 May 1902 . O.R. Colony : Administration of Justice, 1902-1910 . O.R. Colony : Municipal Government, 1902-1910

260 261 269

270 273

275 281

314 320

325 326 xiv Table of Contents

CHAPTER IV. The South African Republic

no. title and date.

174. The Thirty-Three Articles, 9 April 1844

175. Resolution of the Volksraad, 23 May 1849

176. Resolution of the Volksraad, Jan. 1851

177. The Sand River Convention, 16 Jan. 1852

178. Resolution of the Volksraad, 10 Aug. 1853

179. Resolution of the Volksraad, 19 Sept. 1853

180. Resolution of the Volksraad, 21 Nov. 1833

181. Resolution of the Volksraad, 18 June 1855

182. The Grondwet of the S.A. Republic, Feb. 1858, etc

183. Instructions to the Field-Cornets, 17 Sept. 1858

184. Addendum to the Grondwet, 19 Sept. 1859; No. i

185. Addendum to the Grondwet, 19 Sept. 1859; No. 2

186. Resolution of the Volksraad, Sept. 1858 ; Art. 23c

187. Resolution of the Volksraad, Sept. 1858 ; Art. 23d

188. Union of the S.A. Republic and the Lijdenburg Republic

189. Justices of the Peace, 22 July 1 870 .

190. Resolution of the Volksraad, 6 Nov. 1871

191. Instructions to the Treasurer-General, 27 Dec. 1871

192. Resolution of the Volksraad, 25 July 1872

193. The Franchise Law of 1876

194. The Military Service Law of 1876

195. Resolution of the Volksraad, 15 June 1876

196. Resolution of the Volksraad, 7 March 1877

197. Government Notice, 11 April 1877

198. Annexation of the S.A. Republic, 12 April 1877

199. Proclamation, 12 April 1877 .

200. Convention of Pretoria, 3 Aug. 1 88 1 .

201. Proclamation, 8 Aug. 1881

202. The District Councils Law of 1883

203. Government Notice, i Oct. 1883

204. The London Convention, 27 Feb. 1884

205. Formof Warrant of Arrest, 1884

206. Resolution of the Volksraad, 17 Sept. 1884

207. Resolution of the Volksraad, 3 Oct. 1884

208. Resolution of the Volksraad, 3 Nov. 1884

209. Resolution of the Volksraad, 22 Oct. 1884

210. Resolution of the Volksraad, 29 June 1886

211. Resolution of the Volksraad, 7 July 1886

212. Resolution of the Volksraad, 9 May 1887

213. Resolution of the Volksraad, 21 July 1887

214. Representation of Public Diggings, 11 Aug. 1887

215. The Dutch Language made Compulsory, 30 July 1888

216. Resolution of the Volksraad, 9 May 1888

217. Resolution of the Volksraad, 27 May 1889

PAGE

Table of Contents xv

NO. TITLE AND DATE. PAGE

219. Law to establish Two Volksraads, 23 June 1890 . . 488

220. Modification of the 1882 Franchise Law, 23 June 1890 . 495

221. Resolution of the Volksraad, II Aug. 1890 . . . 498

222. Resolution of the First Volksraad, 31 July 1891 . 499

223. Resolutionof the First Volksraad, 26 Aug. 1892 . 500

224. Law to explain and modify the 1891 Franchise Law, 20 Sept.

1893 . . . . . . .500

225. Resolutionof the First Volksraad, 23 Aug. 1894 . . 502

226. Resolutionof the First Volksraad, 25 July 1895 . 505

228. Law regulating the Right to expel Foreigners, 8 Oct. 1896 . 505

229. Resolutionof the First Volksraad, 17 Aug. 1896 ~. . 508

230. Resolutionof the First Volksraad, 4 Sept. 1896 . . 508

231. The Legislature t). the Judicature, Law No. I, 1897 . . 508

232. Resolutionof the First Volksraad, 22 July 1897 . -513

233. Resolutionof the First Volksraad, 27 Aug. 1897 . -514

234. Annexation of the S.A. Republic, I Sept. 1900 . -514 The Transvaal : Administration of Justice, 1902-1910 . 515 The Transvaal : Municipal Government, 1902-1910 . .516 The Inter-Colonial Council, 1903 . . . .516

CHAPTER V. The Union of South Africa

235. The South Africa Act, 1909 . . . -517

Appendix A.

236. Charterof the British South Africa Company, 29 Oct. 1889 . 559

Appendix B.

237. Agreement between the British and German Governments

respecting Africa and Heligoland, i July 1890 . $67

Appendix C.

238. The Capitulation in German South- West Africa, 191 5 . 570

SOME ABBREVIATIONS EMPLOYED, j

1. C. of G. Hope Statutes: Statutes of the Cape of Good Hope,

1652-1895. Edited by Hercules Tenant and Edgar Michael Jackson. Cape Town, 1895.

2. Laws of the O.R.C. : Statute Law of the Orange River Colony.

Edited by P. L. Lefebvre and Bedver B. L. Jackson. Bloemfontein, 1907.

3. Locale Wetten der Z.A. Rep. : Locale Wetten en Volksraads-

BESLUITEN DER ZUID - AFRIKAANSCHE RePUBLIEK, 1849-98.

By various compilers. Pretoria, 1887-99.

4. Ofds. of Natal : Ordinances, Proclamations, etc., relating to

Natal, 1836-55. By W. J. D. Moodie. Natal, 1856.

5. O.V.S. Wetboek: Wetboek van den Oranjevrijstaat, 1854-91.

Uitgegeven op gezag van den HEd Volksraad. Bloemfontein, 1892.

6. Prods., etc. : Proclamations, Advertisements, and other

Official Notices, published by the Government of the Cape of Good Hope from ioth January 1806 to 2nd May 1825. Cape of Good Hope, 1827.

7. P.R.O., CO. : Public Record Office, London ; Colonial Office

Department. The papers for each Colony are divided into sections like " Original Correspondence," " Ordinances," " Government Gazettes," etc., and the volumes in each section are "numbered. Thus 50/4 is the fourth volume of the Cape section, " Ordinances."

8. Rec. : Records of the Cape Colony, 1793-1827. 36 vols.

London, 1 897-1 905. By G. McC. Theal.

9. Statute Law of the Transvaal : Statute Law of the Transvaal

1 839-1910. Compiled and edited by Carl Jeppe and J. h! Gey Van Pittius. Pretoria, 1910.

10. Statutes of Natal: Statutes of Natal, 1845-99. CompUed and

edited by R. L. Hitchins and revised by G. W. Sweeney. Pietermaritzburg, 1900.

11. Ven. van Besl. v. d. O.V.S. : Verzameling van Besluiten

VAN DEN HEd. Volksraad van den Oranjevrijstaat (i 854-66) '. Gedrukt op Last van den Hoog Edelen Volksraad. Bloemfontein (1867 ?).

31 Vi

INTRODUCTION.

Section I. The Cape Of Good Hope Under The Dutch, 1662-1795

Britain's task in South Africa has probably been more difficult than in any other part of her extensive and widely scattered dominions. While her statesmen have had to cope with native problems in India and to a lesser extent in Australasia; while they have been faced in Canada by the delicate matter of governing an off-shoot of another highly civilised and intelligent nation ; while in the West Indies there was the task of eradicating slavery and adjusting governmental institutions to the peculiar needs and weaknesses of a mixed population of Europeans and natives — she found in the southern corner of Africa all these elements combined. There were the Hottentots, who had been gradually taught to lead a settled life and engage in remunerative work ; the Bushmen, still untamed and, as the event proved, for ever untamable by any of the artifices on which the white man prides himself ; and the Kaffir, who in his southward and westward march had begun to touch the vanguard of the colonists as they moved towards the rising sun. Most serious of all, there was the white population, with its own ideas and traditions, its own ambitions and its own peculiar characteristics, formed and hardened by close on a century and a half of contact with the soil. The relation of the white men towards their slaves and the various native or non-European races would be a fruitful source of difficulty. To the formation of their national character various factors had contributed. If one would estimate and account for the value or success of the Constitution introduced in the nineteenth century it will be necessary to know beforehand not only the governmental arrangements that existed in 1795 when the Cape of Good Hope surrendered to the arms of George in., but also to understand something of the attitude towards the State of the people subdued. b xviii Introduction

The Constitution of the Cape of Good Hope towards THE End of the Rule of the Netherlands East India Company.

At its establishment in 1652 the Cape settlement, consisting entirely of servants of the Netherlands East India Company, Rise of the ^^^ managed exclusively by officials who followed burgher the methods and the procedure that were univer- "''"*• sally adopted by the officers on board a fleet or vessel sailing between Holland and the East. While they acted both as a governing and a judicial body their proceedings were marked by promptitude and finality. The original intention was to have a half-way house to the East, where diseased persons could recuperate and fresh supplies be obtained, and it soon became obvious that this object could be best attained if the agriculturists were given land and cattle to . farm on their own account. Thus there arose a class of men distinct from the employees of the Company. They were called free-men or burghers. Receiving land in 1657, some leagues from the immediate vicinity of the Fort in Table Valley, they shifted into the interior, becoming the outposts of Western civilisation and Christianity, and making from its southern extremity the first definite and fruitful move towards the reclaiming of the Dark Continent, a move the end of which is not yet in sight.

Very soon it became obvious that the interests of burghers

and employees were by no means identical, and as a recognition

Divergent °^ ^^^^ ^^^^ *^^ colonists Were given representatives

interests of fiTst in the courts of justice and later in other

'"ImX^e^ bodies as they were created. This privilege was

empoyees. g^g^jj^g^ ^Yie burghers by the rulers on their own

initiative, for, as far as is known for certain, there were as yet

no definite and clearly formulated demands on the part of

the people for a share in the government.

This is not the place for describing with any minuteness

the evolution of a political consciousness of the Cape burghers.

Growth of but it must be remarked that the process com-

poiiticai menced before the end of the seventeenth century

consc^ousness. ^^^ Continued throughout the eighteenth with

ever-increasing force and continuity. As a rising reef of rock

near the seashore first shows above the surf a few isolated

peaks at considerable distances apart, which then become

closer and closer together till the entire chain emerge's and

finally, perhaps, grows to a mountain range filUng the whole

countryside, so there were from the earliest years of the

eighteenth century apparently unconnected risings among

the burghers, which at first merely took the form of prayers

The Cape of Good Hope under the Dutch xix

for the redress of grievances, later of demands for a share in the government, and finally ended in the establishment of independent republics in the interior of the Colony.

The power against which this movement was directed was concentrated in the hands of a few officials. Subject to the Governor's directorate of the Company, which had received powers, its first Charter in 1602, there was about the year 1790 at the head of the Cape Colony a Governor with very extensive powers. He could convene the courts of justice, approve all judgments, call up the militia for active service, and direct the activities of all persons who exercised minor executive and administrative functions throughout the country. Yet this last statement should be qualified, for there was associated with the Governor a Council which shared the task of making laws and seeing to it that these were carried ounoi . .^^^ effect. The available records leave a considerable degree of doubt as to the question in how far the Governor was bound to act in accordance with the opinions of the majority of his Council. On one occasion at least instructions had been issued from Holland permitting the Governor to set aside the decision of a majority if he deemed such a step necessary ; and as a general rule it was the Governor who was ultimately responsible to the managing body of the Company, though on a few notable occasions other officials were also called to account for acts done by the government. Yet it is not certain whether later governors were to be considered as bound by all instnictions issued to their predecessors. It is even doubtful whether such later governors were always aware of the existence of instructions issued in earlier years. The directors in the Netherlands were often more concerned about their trade and the safety of their cargoes than about minute and definite points of law. They were traders first and legislators afterwards. This, however, may be stated with certainty, that the governors did act in opposition to the decisions of their Council and that such action was upheld by the directors. Yet this did not happen frequently, for when the Governor was a strong man he carried his Council with him, while a weak ruler generally adopted the views of his advisers. That there were not likely to be any grave differences between Governor and Council wiU be realised when it is stated that all the councillors were officials of the Company, whose cause they were always apt to espouse rather than that of the colonists whenever the interests of rulers and ruled came into conflict ; for though no special emoluments were attached to the office of councillor, it was always fiUed, at the wish of the directorate, by salaried servants appointed by that body and Uable to dismissal by it.

XX Introduction

As a rule the high officials sitting in the Council of Government were seven or eight in number. They were gen'eirally men of fairly advanced age who had climbed step by step every rung in the ladder of advancement, and consequently were well acquainted with the policy and methods of their employers. Naturally they seldom showed any inclination to view matters sympathetically from the burghers' standpoint, especially when commercial privileges were asked for. This had the effect of causing the inhabitants to make demands for representation in the highest governing body, but they were met by the directors with a flat refusal. The desire for representation had grown out of concrete needs, the absence of trading rights which the Company reserved to itself, and grievances arising from the dependence of the Supreme Court of Justice on the Government, and the power of banishment held and exercised by the Governor. Can any explanation be found of the fact that the successive generations of colonists who remembered and handed down the experiences > of their ancestors were so slow in their advance ? Apart from the universally experienced difficulty of upsetting or even materially modifying an established order of things, however bad and undesirable, the Cape colonists laboured under the additional disadvantages of being too widely scattered to be able to co-operate, of being totally debarred from the advantages of a public press, of being very badly educated in history and politics, of being in their ordinary walks of life very easygoing and somewhat inclined to become indolent, and of having the ever-present danger of attacks by the natives to provide against. But the most direct if not the most potent cause of their prolonged quietness was to be found in the popularity of their lesser boards.