Selected Official Documents of the South African Republic and Great Britain Part 8

CHAPTER IV.

ULTIMATUM OF SOUTH AFRICAN REPUBLIC, OCTOBER 9, 1899.

The Government of the South African Republic feels itself compelled to refer the Government of Her Majesty the Queen of Great Britain and Ireland once more to the Convention of London, 1884, concluded between this Republic and the United Kingdom and which in its XIVth Article secures certain specified rights to the white population of this Republic, namely, that "All persons, other than natives, conforming themselves to the laws of the South African Republic (_a_) will have full liberty, with their families, to enter, travel, or reside in any part of the South African Republic; (_b_) they will be ent.i.tled to hire or possess houses, manufactories, warehouses, shops, and premises; (_c_) they may carry on their commerce either in person or by any agents whom they may think fit to employ; (_d_) they will not be subject, in respect of their persons or property, or in respect of their commerce or industry, to any taxes, whether general or local, other than those which are or may be imposed upon citizens of the said Republic." This Government wishes further to observe that the above are only rights which Her Majesty's Government have reserved in the above Convention with regard to the Uitlander population of this Republic and that the violation only of those rights could give that Government a right to diplomatic representations or intervention while, moreover, the regulation of all other questions affecting the position or the rights of the Uitlander population under the above-mentioned Convention is handed over to the Government and the representatives of the people of the South African Republic. Amongst the questions the regulation of which falls exclusively within the competence of the Government and of the Volksraad, are included those of the franchise and representation of the people in this Republic, and although thus the exclusive right of this Government and of the Volksraad for the regulation of that franchise and representation is indisputable, yet this Government has found occasion to discuss in a friendly fas.h.i.+on the franchise and the representation of the people with Her Majesty's Government, without, however, recognizing any rights thereto on the part of Her Majesty's Government. This Government has also, by the formulation of the now existing Franchise Law and the Resolution with regard to representation, constantly held these friendly discussions before its eyes. On the part of Her Majesty's Government, however, the friendly nature of these discussions has a.s.sumed a more and more threatening tone, and the minds of the people in this Republic and in the whole of South Africa have been excited and a condition of extreme tension has been created, while Her Majesty's Government could no longer agree to the legislation respecting franchise and the Resolution respecting representation in this Republic, and finally, by your note of 25th September, 1899, broke off all friendly correspondence on the subject, and intimated that they must now proceed to formulate their own proposals for a final settlement, and this Government can only see in the above intimation from Her Majesty's Government a new violation of the Convention of London, 1884, which does not reserve to Her Majesty's Government the right to a unilateral settlement of a question which is exclusively a domestic one for this Government and has already been regulated by it.

On account of the strained situation and the consequent serious loss in and interruption of trade in general which the correspondence respecting the franchise and representation in this Republic carried in its train, Her Majesty's Government have recently pressed for an early settlement and finally pressed, by your intervention, for an answer within forty-eight hours (subsequently somewhat modified) to your note of the 12th September, replied to by the note of this Government of the 15th September, and your note of the 25th September, 1899, and thereafter further friendly negotiations broke off and this Government received the intimation that the proposal for a final settlement would shortly be made, but although this promise was once more repeated no proposal has up to now reached this Government. Even while friendly correspondence was still going on an increase of troops on a large scale was introduced by Her Majesty's Government, and stationed in the neighborhood of the borders of this Republic. Having regard to occurrences in the history of this Republic which it is unnecessary here to call to mind, this Government felt obliged to regard this military force in the neighborhood of its borders as a threat against the independence of the South African Republic, since it was aware of no circ.u.mstances which could justify the presence of such military force in South Africa and in the neighborhood of its borders. In answer to an inquiry with respect thereto, addressed to His Excellency the High Commissioner, this Government received, to its great astonishment, in answer, a veiled insinuation that from the side of the Republic (_van Republikeinsche zyde_) an attack was being made on Her Majesty's Colonies and at the same time a mysterious reference to possibilities whereby it was strengthened in its suspicion that the independence of this Republic was being threatened. As a defensive measure it was therefore obliged to send a portion of the burghers of this Republic in order to offer the requisite resistance to similar possibilities. Her Majesty's unlawful intervention in the internal affairs of this Republic in conflict with the Convention of London, 1884, caused by the extraordinary strengthening of troops in the neighborhood of the borders of this Republic, has thus caused an intolerable condition of things to arise whereto this Government feels itself obliged, in the interest not only of this Republic but also of all South Africa, to make an end as soon as possible, and feels itself called upon and obliged to press earnestly and with emphasis for an immediate termination of this state of things and to request Her Majesty's Government to give it the a.s.surance

(_a_) That all points of mutual difference shall be regulated by the friendly course of arbitration or by whatever amicable way may be agreed upon by this Government with Her Majesty's Government.

(_b_) That the troops on the borders of this Republic shall be instantly withdrawn.

(_c_) That all reinforcements of troops which have arrived in South Africa since the 1st June, 1899, shall be removed from South Africa within a reasonable time, to be agreed upon with this Government, and with a mutual a.s.surance and guarantee on the part of this Government that no attack upon or hostilities against any portion of the possessions of the British Government shall be made by the Republic during further negotiations within a period of time to be subsequently agreed upon between the Governments, and this Government will, on compliance therewith, be prepared to withdraw the armed burghers of this Republic from the borders.

(_d_) That Her Majesty's troops which are now on the high seas shall not be landed in any port of South Africa.

This Government must press for an immediate and affirmative answer to these four questions, and earnestly requests Her Majesty's Government to return such an answer before or upon Wednesday the 11th October, 1899, not later than 5 o'clock p.m., and it desires further to add that in the event of unexpectedly no satisfactory answer being received by it within that interval it will with great regret be compelled to regard the action of Her Majesty's Government as a formal declaration of war, and will not hold itself responsible for the consequences thereof, and that in the event of any further movements of troops taking place within the above-mentioned time in the nearer directions of our borders this Government will be compelled to regard that also as a formal declaration of war.

REPLY OF GREAT BRITAIN.

_October 10, 1899._

Her Majesty's Government have received with great regret the peremptory demands of the Government of the South African Republic conveyed in your telegram of 9th October, No. 3. You will inform the Government of the South African Republic, in reply, that the conditions demanded by the Government of the South African Republic are such as Her Majesty's Government deem it impossible to discuss.

CHAPTER V.

DUAL ALLIANCE OF THE SOUTH AFRICAN REPUBLIC AND THE ORANGE FREE STATE.

_Resolution of Orange Free State, September 27, 1899._

The Volksraad, having heard the second paragraph of His Honor's opening speech and the official doc.u.ments and correspondence relating thereto which have been handed in, having regard to the strained state of affairs in South Africa which have arisen in consequence of the differences between the Governments of South African Republic and Her Britannic Majesty, which const.i.tute a threatening danger for bringing about hostilities, the calamitous effect of which would be incalculable for all white inhabitants of South Africa, being bound to the South African Republic by the closest bonds of blood and alliance and standing in most friendly relations towards Her Majesty's Government, fearing that should a war break out a hatred would be generated between the European races in South Africa, which still in the far future will impede and restrain the peaceful development of all States and Colonies of South Africa, being sensible that serious obligations rest on the Volksraad to do all that is possible to prevent the shedding of blood, considering that in the course of negotiations with the British Government which have extended over several months, every endeavor has been made by the Government of the South African Republic at a peaceful settlement of the differences which have been brought forward by Uitlanders in the South African Republic and which have been adopted as its own cause by the Government of Her Majesty, which endeavors, unfortunately, have only had the result that British troops have been concentrated on the border of the South African Republic and are still continually being reinforced:

"Resolves to instruct the Government still further to do everything in its power to preserve and establish peace and to contribute by peaceful methods towards the solution of the existing differences, always provided that it can be brought about without injury to the honour and independence of this State or of the South African Republic, and wishes unmistakably to declare its opinion that there exists no cause for war and that if a war is now begun or occasioned by Her Majesty's Government against South African Republic, this would morally be a war against the whole of white population of South Africa and would in its results be calamitous and criminal; and further, that Orange Free State will honestly and faithfully observe its obligations towards South African Republic arising out of the political alliance between the two Republics, whatever may happen."

CORRESPONDENCE BETWEEN GREAT BRITAIN AND ORANGE FREE STATE.

_Sir Alfred Milner to President Steyn, October 11, 1899._

In view of resolution of Volksraad of Orange Free State communicated to me in Your Honour's telegram of 27th September, I have the honour to request that I may be informed at Your Honour's earliest possible convenience whether this action on the part of the South African Republic has Your Honour's concurrence and support.

_President of Orange Free State to Sir Alfred Milner, October 11, 1899._

I have the honour to acknowledge Your Excellency's telegrams of this evening. The high-handed and unjustifiable policy and conduct of Her Majesty's Government in interfering in and dictating in the purely internal affairs of South African Republic, const.i.tuting a flagrant breach of the Convention of London, 1884, accompanied at first by preparations, and latterly followed by active commencement of hostilities against that Republic, which no friendly and well-intentioned efforts on our part could induce Her Majesty's Government to abandon, const.i.tute such an undoubted and unjust attack on the independence of the South African Republic that no other course is left to this State than honourably to abide by its Conventional Agreements entered into with that Republic. On behalf of this Government, therefore, I beg to notify that, compelled thereto by the action of Her Majesty's Government, they intend to carry out the instructions of the Volksraad as set forth in the last part of the Resolution referred to by Your Excellency.

CHAPTER VI.

CONSt.i.tUTION OF THE ORANGE FREE STATE.

_Chapter I.--Citizens.h.i.+p._

SECTION I.--How Citizens.h.i.+p is Obtained.

1. Burghers of the Orange Free State are:

(_a_) White persons born from inhabitants of the State both before and after 23 February, 1854.

(_b_) White persons who have obtained burgher-right under the regulations of the Const.i.tution of 1854 or the altered Const.i.tution of 1866.

(_c_) White persons who have lived a year in the State and have fixed property registered under their own names to at least the value of 150.

(_d_) White persons who have lived three successive years in the State and have made a written promise of allegiance to the State and obedience to the laws, whereupon a certificate of citizens.h.i.+p (burghers.h.i.+p) shall be granted by the Landrost of the district where they have settled.

(_e_) Civil and judicial officials who, before accepting their offices, have taken an oath of allegiance to the State and its laws.

SECTION II.--How Citizens.h.i.+p is Lost.

Citizens.h.i.+p in the Orange Free State is lost by:

(_a_) Obtaining citizens.h.i.+p in a foreign country.

(_b_) Taking service without consent of the President in foreign military service, or accepting commission under a foreign government.

(_c_) Fixing one's residence outside the country with an evident intention of not returning to this State. This intention shall be considered to be expressed when a man settles in a foreign country longer than two years.

_Chapter II.--Burgher Service._

2. All burghers as soon as they have reached the full age of 16 years, and all who have obtained burgher-right at a later age, are obliged to have their names inscribed with the Field-Cornet, under whom they have their place of residence, and are subject to burgher service to the full age of 60 years.

_Chapter III.--Qualifications of those Ent.i.tled to Vote._

3. All burghers who have reached the age of 18 years are qualified to exercise the right of voting for the election of Field-Commandants and Field-Cornets.

4. All burghers of full age are qualified for the election of members of the Volksraad and of the President: