The Transvaal from Within Part 6

In this case the mining industry had combined to test the validity of certain patents.{13} In spite of attempts at reasonable compromise on behalf of the mines, and these failing, in spite of every effort made to expedite the hearing of the case, the question continued to hang for some years, and in the meantime efforts were being made during two successive sessions of the Volksraad to obtain the pa.s.sage of some measure which would practically secure to the holders of the patents a monopoly for the use of cyanide, or an indefeasible t.i.tle to the patents, whether valid in law and properly acquired or not. These attempts to evade the issue were in themselves a disgrace to a civilized nation. Failing the obtaining of an absolute monopoly, an endeavour was made to pa.s.s a law that all patents held without dispute for a certain period should be una.s.sailable on any grounds. There was a thin attempt at disguising the purpose of this measure, but so thin, that not even the originators could keep up the pretence, and the struggle was acknowledged to be one between the supporters of an independent court of justice and honest government on the one side, and a party of would-be concessionaires-one might say 'pirates'-on the other. The judges made no secret of their intention to tender their resignations should the measure pa.s.s; the President made no secret of his desire that it should pa.s.s. His party voted as one man in favour of it, and the coffee meetings on the Presidential stoep were unanimously for it. The Raad was exactly divided on the measure, and it was eventually lost by the casting-vote of the chairman. No absolute harm was done, but the revelation of the shameful conditions of affairs in a Raad of which so much good was expected did as much as anything could do to destroy all hope. It was a painful exhibition, and the sordid details which came to light, the unblus.h.i.+ng attempts to levy blackmail on those who were threatened with pillage by would-be concessionaires, the shameless conduct of Raad members fighting as hirelings to impose a fresh burden on their own country, sickened the overburdened community.

The Bewaarplaatsen question also excited much discussion, but was not a subject of such close interest to the Uitlander community as others, for the reason that but few companies were directly concerned. Bewaarplaatsen is a name given to areas granted for the purpose of conservation of water, for depositing residues of crushed ore, etc.-in fact, they are grants of the surface rights of certain areas at a lower rate of license than that paid upon claim or mineral areas. This variation in the licensed areas was a wholly unnecessary complication of the gold law, the difference in cost being inconsiderable, and the difference in t.i.tle affording untold possibilities of lawsuits. In some cases companies had taken out originally the more expensive claim-licenses for ground the surface only of which it was intended to use. They had been compelled, by order of the Government, to convert these claims at a later period into bewaarplaatsen. They were almost invariably situated on the south side of the Wit.w.a.tersrand Main Reef, for the reason that, as the ground sloped to the south, the water was found there, the mills would naturally be erected there, and the inclination of the ground offered tempting facilities for the disposal of residues. After some years of development on the Main Reef it became clear that the banket beds, which were known to dip towards the south, became gradually flatter at the lower levels, and, consequently, it was clear that bodies of reef would be accessible vertically from areas south of the reef which had formerly been regarded as quite worthless as gold-bearing claims. The companies which owned these bewaarplaatsen now contended that they should be allowed to convert them into claims, as, by their enterprise, they had exploited the upper levels and revealed the conditions which made the bewaarplaatsen valuable. The companies had endeavoured to convert these bewaarplaatsen into claims when they first discovered that there was a possibility of their becoming valuable, and that at a time when the areas themselves were of extremely little market value to any except the holders of the surface rights. They were unsuccessful in this through some lack of provision in the law, and year after year the subject was fought out and postponed, the disputed ground all the time becoming more and more valuable, and consequently a greater prize for the concessionaire and pirate, and a greater incentive to bribery on all hands, until it came to be regarded by the worthy members of the Volksraad as something very like a special dispensation of Providence, intended to provide annuities for Volksraad members at the expense of the unfortunate owners. After a particularly fierce struggle, the Volksraad went so far as to decide that those companies which had been obliged to convert their original claim-holdings into bewaarplaatsen should be allowed to re-convert them to claims and to retain them. Even this was only gained after the Minister of Mines had, on his own responsibility, issued the claim licenses, and so forced the Volksraad to face the issue of confirming or reversing his action!

In this matter the President again fought tooth and nail against the industry, and most strenuous efforts were made by him and his party to obtain a reversal of the decision, but without effect. This, however, only disposed of a small portion of the ground at stake. With regard to those areas which had never been held as claims, the issue lay between two parties known respectively as the companies, who were the surface-owners, and the applicants. The applicants, according to the polite fiction, were those who, having no claim superior to that of any other individual member of the public, had happened to have priority in order of application. As a matter of fact, they were Government officials, political supporters and relatives of the President, financed and guided by two or three of the professional concession-hunters and hangers-on of Mr. Kruger's Government. Notwithstanding the existence of a law specifically prohibiting Government servants from concerning themselves in other business and speculations, the parties to this arrangement entered into notarial contracts determining the apportionment of the plunder, and undertaking to use their influence in every way with the President and his party and with members of the Volksraad to secure the granting of the rights in dispute to themselves. With them was a.s.sociated the originator and holder of another infamous monopoly, and it was stated by him in the Chamber of Mines, that should they fail to obtain these rights for themselves they were prepared to co-operate with another party and force the Government to put them up for public auction, so that at any rate the mines should not have them. The object of this threat was to compel the mining companies to come to terms with him and compromise matters.

One of the notarial contracts referred to has been made public, and it contains the names of Mr. 'Koos' Smit, the Government Railway Commissioner, and one of the highest officials in the State; Landdrost Schutte, Chief Magistrate of Pretoria, and Mr. Hendrik Schoeman, one of the most prominent commandants in the Transvaal and a near relation of the President. Needless to say, all are members of the Kruger family party, and were most prominent supporters of his Honour at the time of the 1893 election. They claim that they were definitely promised a concession for the bewaarplaatsen as a reward for their services in this election. The precedent quoted on behalf of the companies in support of their claim is that of the brickmaker's license under the Gold Law. Brickmakers have privileges under their license similar to those granted with bewaarplaatsen, but in their case it is provided that should gold be discovered or be believed to exist in the areas granted under their licenses, the holder of the license shall have the right to convert his area into mining claims on complying with the ordinary provisions of the Gold Law. The companies urged that this reveals the intention of the law, and that such a condition was omitted in connection with bewaarplaatsen simply and solely through oversight, and because at that time it never occurred to anyone to suppose that the gold-bearing deposits would shelve off and be accessible at such great distances from the outcrop as where the bewaarplaatsen are located. The companies moreover pointed out that these areas were in every case located in the middle of property held under mining licenses, that they themselves owned the surface of the property and therefore no one else could work on them, that the areas were in themselves too small and too irregular in shape to be worked independently of the surrounding ground, and that the granting of them to others could not be justified by any right on the part of applicants, and would merely be placing in their hands the means of imposing on the owners of the surfaces and the adjacent claims an excessive purchase price or the alternative of being blocked in the development of their own ground. After the Second Raad had decided in principle in favour of the surface-holders, action was taken by the First Raad, and a change of front was effected by a measure alteration, which hung the question up for another year. Everyone realized that this was secured by the influence of the President in the first place and by the pliability of Raad members in the second, on the ground that the matter was too profitable to them personally to be disposed of until it became absolutely compulsory.{14}

One of the first concessions granted by the Boer Government after the restoration of the country to them was the liquor monopoly. Under this grant a factory established within a few miles of Pretoria has the sole right to distil spirits. Time and very considerable experience are in all countries necessary for the manufacture of good liquor, and the natural conditions are not more favourable to the industry in the Transvaal than elsewhere, consequently the product is not regarded with great favour. The enterprise, however, is a very prosperous one, being dependent almost entirely upon the sale of liquor to natives. For a number of years representations were made by the Chamber of Mines on behalf of the industry, by individuals and by public pet.i.tions, with the object of controlling the liquor trade and properly enforcing the laws which already existed. The following terse summary of the evils resulting from this sale of liquor is taken from the report of the Chamber of Mines for 1895. Unfortunately the remarks apply equally well to-day:

There is, indeed, no doubt that one of the greatest difficulties with which local employers have to deal is the question of the liquor trade. In very many cases the liquor supplied to the natives is of the vilest quality, quickly inflaming those who take it to madness, and causing the faction fights which sometimes have fatal results, and always lead to the, at any rate, temporary disablement of some of the combatants, and the damaging of property. Accidents, too, are often attributable to the effects of drink, and altogether, as stated in the resolutions, a large percentage of the deaths among the natives here is directly due to drink. In its bearing on the labour question, drink also plays an important part. The shortness in the supply, as compared with the demand for labour, has been accentuated by it. Where possible more natives are kept in the compounds than are actually required for the work to be done, to make allowance for those who are disabled by drink.

The granting of licenses to liquor houses was carried to such an extreme that at last the entire community rose against it, and the expression of opinion was so strong that the Government was compelled to make a show of deferring to it. Involved in the liquor question was the matter of police, and arising out of this, again, was the question of dealing with crime in general, including the gold and amalgam stealing that was known to be carried on on a considerable scale at the expense of the companies.

The Attorney-General, or State Attorney, as he is called in the Transvaal, is the responsible head of the Law Department, and until lately was the departmental head of the police. The gentleman then occupying the position of State Attorney was peculiarly unfit-in the midst of that world of unfitness-for the duties which he was supposed to perform. He was removed from office, and after considerable negotiation Mr. Esselen was prevailed upon at a great monetary sacrifice to accept the position of State Attorney, he stipulating that he should have a free hand in reorganizing the detective and police forces. During the months in which Mr. Esselen continued in office admirable reforms were introduced, and a very appreciable influence was exercised on the condition of affairs in Johannesburg. It is inadvisable to state explicitly the nature of the objections which existed against some of the officials employed under the former regime; it is sufficient that they were proved to be partic.i.p.ators in the offences which they were specially employed to suppress. Mr. Esselen's first step was to appoint as chief detective an officer borrowed from the Cape Colonial Government, Mr. Andrew Trimble, who in a very little while showed that courage and honesty of purpose could not only effect considerable reforms, but could provoke the undisguised and fierce hostility of a very large section of the community. The canteen keepers were up in arms; the illicit gold buyers left no stone unturned; the hangers-on of the Government lost no opportunity in their campaign against Mr. Esselen and his subordinate and their reforms. The liveliest satisfaction however was expressed by all those whose interest it was to have matters conducted decently and honestly, and who had no interest in crime except so far as its suppression was concerned. Representation was secured for the Chamber of Mines upon one of the licensing bodies, and here, too, a very appreciable result followed. During Mr. Esselen's term of office all went well as far as the public were concerned, but influences were soon at work to undermine the two reforming officials. It was represented to the President that Mr. Trimble had once been in the British army; that he was even then a subject of the Queen, and ent.i.tled to a pension from the Cape Government. The canteen interest on the goldfields, playing upon the prejudices of the Boers, represented that this was unfitting the dignity of the Republic. The President, who was too shrewd to be caught with such chaff, was perfectly ready to support them for the sake of the liquor interest, which for him const.i.tutes a very useful electioneering and political agency throughout the country. Mr. Esselen was sent for, and it was represented to him by the President that the employment of a British subject in such a responsible office as that of chief detective was repugnant to the burghers. The reply was that it was competent for the Executive to naturalize Mr. Trimble at once and so remove the objection, the Government having power in special cases to dispense with the conditions of the Naturalization Law-a power frequently exercised in the case of their Hollander friends. The President, in reply, stated that it could not be done, and he appealed to Mr. Esselen to select a man of another nationality-'a Frenchman, German, or even an American'-this last being a concession wrung from him by Mr. Esselen's soothing suggestion that the Chief of Police should be familiar with the language of the criminal cla.s.ses. The hitch was maintained for some months, but finally the influences on the side of the President became too strong, and when it became clear that the many months of laborious work and self-sacrifice which had been given in the interests of reform were to be nullified by the appointment of a creature who would connive at every breach of the law, Mr. Esselen decided to stand or fall by his subordinate, the result being a triumph for the President.

In Mr. Esselen's place there was appointed as State Attorney Dr. Coster, a Hollander, who however declined to have anything to do with the organization of the police; and in Mr. Trimble's stead reappeared the individual whom he had superseded and whose services had been dispensed with.{15} The triumph of the back-door influences was again complete and the blow was a very nasty one to the mining industry.

Small wonder that at about this time the Uitlander community stopped all agitation, and that a mood of sullen opposition and discontent took its place. Hope was absolutely dead as abuse after abuse and scandal after scandal were showered upon them during the Session of 1895. Some of the acts of the Volksraad cut at the foundation of all security. In the early days of the Republic the Volksraad members had taken it upon themselves to reverse several of the decisions of the High Court, and in one case where the Government was being sued for the fulfilment of a contract the Volksraad had pa.s.sed a resolution absolving the Government from certain terms of the contract. The decision of the Court, delivered by Chief Justice Kotze, was to the effect that if the Volksraad should take a decision in conflict with an existing law, that law became ipso facto so far modified. In another case (the Dom's case) a resolution was pa.s.sed disabling the aggrieved individual from taking action against the Government; in another, where the responsibility of the Government for the maintenance of roads had been indicated by a judgment for 1,000 damages, a law was pa.s.sed in defiance of the conditions of the Grondwet, which stipulates for a period of notice and publication for proposed enactments, absolving the Government from all damages of this nature.

More than once laws were pa.s.sed with retroactive effect-truly one of the grossest abuses possible for a civilized Government. But perhaps the most startling case of all was that concerning the proclamation of the farm Witfontein. This farm had been proclaimed a public digging open for pegging on a certain hour of a certain day. An unprecedented rush of peggers took place. The Government, fearing a riot and ignoring their obvious duty in the matter of police protection and the maintenance of order, issued an illegal notice withdrawing the proclamation, and decided to give out the claims by means of lottery. Numbers of prospectors pegged out claims notwithstanding this, and the prospect of legal difficulties being imminent the Government submitted a measure to the Volksraad, pa.s.sed also in defiance of Grondwet provisions, which was broadly to the effect that all persons who considered that they had claims for damages against the Government in regard to the farm Witfontein and the proclamation thereof, had none, and that the Government was absolved from all liability in this respect. This enactment was only pa.s.sed after several persons had signified their intention to sue the Government. The Raad was in fact becoming familiar with the process of tampering with the Grondwet and members appeared ready to act on the dictates of their own sweet will without regard to consequences or laws.

On several occasions the President and Executive had treated with contempt the decisions of the High Court, and had practically and publicly reversed them. There are many instances which it is not necessary to quote but among the best-known and most instructive ones are the two cases known as the 'Rachmann' and 'April' cases. Rachmann was an Indian and a British subject, well educated, far better educated indeed than the Boer of the country. In following a strayed horse he had trespa.s.sed on the farm of one of the members of the First Raad. He was arrested and charged with intent to steal, tried by the owner's brother, who was a Field-cornet (district justice), and sentenced to receive twenty-five lashes and to pay a fine, the same sentence being meted out to his Hottentot servant who accompanied him. Rachmann protested and noted an appeal, stating (which was the fact) that it was not within the power of a Field-cornet to inflict lashes, and at the same time he offered security to the value of 40 pending the appeal. His protests were disregarded and he was flogged. Not being a native in the sense in which the law uses the term-i.e., a member of the aboriginal races-he could plead that he was not within the jurisdiction of a Field-cornet, and there is no doubt that the punishment was inflicted with full knowledge of its illegality. Rachmann sued Mr. George Meyer, the Field-cornet in question, in the Circuit Court and obtained judgment and a considerable sum in damages, the presiding judge, Dr. Jorissen, animadverting with severity upon the conduct of the official. Meyer shortly afterwards obtained from Government the amount of his pecuniary loss through the affair, the President stating that he had acted in his official capacity and that they should protect him.

The 'April' case was one in which an unfortunate native named April, having worked for a number of years for a farmer on promise of certain payment in cattle and having completed his term, applied for payment and a permit to travel through the district. On some trivial pretext this was refused him, his cattle were seized, and himself and his wives and children forcibly retained in the service of the Boer. He appealed to the nearest official, Field-cornet Prinsloo, who acted in a particularly barbarous and unjustifiable manner, so that the Chief Justice before whom the case was heard (when April having enlisted the sympathy of some white people was enabled to make an appeal) characterized Prinsloo's conduct as brutal in the extreme and a flagrant abuse of power perpetrated with the aim of establis.h.i.+ng slavery. Judgment was given against Prinsloo with all costs. Within a few days of this decision being arrived at the President addressing a meeting of burghers publicly announced that the Government had reimbursed Prinsloo, adding, 'Notwithstanding the judgment of the High Court, we consider Prinsloo to have been right.'

Actions of this kind have a distinct and very evil influence upon the supply of native labour. No attempt is made to supply the industry with natives, or to protect the natives whilst on their way to and from the mines. The position became so bad that the Chamber of Mines inst.i.tuted a department with a highly-paid official at its head to organize supply. It would inadequately describe the position to say that the Government have rendered the Chamber of Mines no a.s.sistance. Indeed, it appears as though the officials in the country had of set purpose hindered in every way possible the work so necessary to the working of the industry on profitable lines. Agencies were established in all the neighbouring territories. Some of the tribes declined to work in the Transvaal on account of the risks of highway-robbery and personal violence which they ran en route. In one case an effort was made by certain mine-owners to meet the difficulty by importing a whole tribe-men, women, and children-from Basutoland and locating them upon an adjacent farm. There is however a law known as the Plakkerswet, or Squatters' Law, which, framed with that peculiar cunning for which the Transvaal Government have achieved a reputation, has the appearance of aiming at the improvement of the native labour supply whilst in effect it does the opposite. It provides that not more than five families may reside upon one farm, the 'family' being an adult male with or without women and children. Ostensibly the law purports to prevent the squatting together of natives in large numbers and in idleness. As a matter of fact however the law is not applied in the cases of Boer farmers. From the President downwards the Boers own farms on which hundreds of families are allowed to remain, paying their hut-taxes and contributing largely to the prosperity of the land-owner. In the case of the Uitlander however there seems to be a principle at stake, as the mine-owners above referred to found to their cost. No sooner had they located their tribe and provided them with all the conditions necessary to comfort than an official came down to them, Plakkerswet in hand, and removed all except the five allowed by law and distributed them among his friends and relations. The experiment has not been repeated.

Early in 1894 the Chamber of Mines received a.s.surances from the Government that if they would prepare a Pa.s.s Law which would include provisions for the protection of natives, for the regulation of their relations with employers, and for their right to travel within the country, the Government would give their support to the measure and would endeavour to have it adopted by the Volksraad. The Commissioner for Native Affairs, General Joubert, admitted his inability to deal with so complex an affair, and gratefully accepted the aid of the Chamber. Such a concession on the part of the Government was regarded as highly satisfactory; the law was prepared, everything was explained and agreed to, the support of the Government was promised to the draft law, and it was antic.i.p.ated that it would come into force during the Session of 1894. Such was not the case. It remained pigeon-holed throughout 1894 and 1895, and in the last days of the latter Session the law was pa.s.sed; but an important omission occurred. The Government forgot to create the department to carry out the law, so that by the end of 1895 the men were no nearer having a workable law than ever. But reforms when introduced by the Transvaal Government, are not usually without an object, although not necessarily the declared one. An opportunity was here presented to the President to recognize past services, and he appointed to an office which required the highest intelligence experience character and zeal an individual who had been implicated in two disgraceful charges and who, having failed to clear himself had been dismissed his office by the Boer Government not two years previously. There was but one explanation forthcoming. The individual in question was a political supporter of the President and brother of a member of the Executive Council. No department has yet been created; but a chief has been appointed at a good salary, and the Pa.s.s Law has been proclaimed in one district of the Wit.w.a.tersrand out of several; so that a measure which was designed to effect an immense saving in expense and convenience to the mining industry was by the appointment of an improper man and the neglect to organize a department rendered quite useless, and by partial promulgation it was made even detrimental.{16}

It has been aptly said of the Boers-and the present instance ill.u.s.trates the truth of the remark-that reform with them seems to be impossible; because, in the first place, they do not know what to do; in the second place, if they did, they have not got the men to do it; and, in the third place, if they had the men, they show no conception of a duty higher than that of utilizing every opportunity for personal advantage.{17} To the uninitiated it may well be a puzzle that President Kruger should encourage a system aiming so directly at the strangling of an industry which is the mainstay of the country; but in order to appreciate his motives it is necessary to see things from his point of view. He and his party are not desirous of cheapening the cost of production. He does not aim at enabling the ever-increasing alien population to work lower-grade mines, and so double or treble the number of immigrants, even though it should profit the revenue of the country. A proposal was once made to proclaim as a public field the town lands of Pretoria-that is to say, to enable the public to prospect, and if results warranted, to open up mines on the lands-some thousands of acres in extent-surrounding the town. The President attended the debate in the Second Raad and violently opposed the measure. The appeal at the end of his address is perhaps as instructive as anything Mr. Kruger has said. 'Stop and think what you are doing,' he exclaimed, 'before you throw fresh fields open. Look at Johannesburg. See what a trouble and expense it is to us. We have enough gold and enough gold-seekers in the country already. For all you know there may be another Wit.w.a.tersrand at your very feet.'

In January, 1891, the average wage for native labourers was 2 2s. per head per month. In 1893 it had risen to 2 18s. 10d., in 1895 to 3 3s. 6d. In other South African States wages rule from 15s. to 30s. per month, and the failure to facilitate the introduction of natives from outside and to protect them is largely responsible for the high figures paid on the Rand. Unquestionably the ill-will of the Boer Government is to blame for the consistent neglect of this growing need of the mines. If decent protection and facilities were given, the wage could be reduced to 1 15s. per month. The Government has it in its power to give the mines labour at this price, but, as a matter of fact, there is no desire to see the lower-grade mines working. A reduction of 1 a month-that is, to 2 3s. 6d.-would mean an annual saving of 650,000, and the main reason why nothing has been done to obtain this reduction is that President Kruger holds that the gold fields are already big enough and that their further extension would be a calamity.

Early in 1895 considerable suspicion and uneasiness were aroused by indications of the growth of the German policy. The commercial section of the community was disturbed by reports of secret arrangements favouring German importers. Facilities were given, and 'through rates' quoted from Hamburg to Johannesburg at a reduction which appeared to be greater than any economies in sea transport, coupled with the complete elimination of agency charges, would warrant. The formal opening of the Delagoa Bay Railway by the President furnished him with an opportunity to express with significant emphasis his friendliness for all things German. At a banquet given in honour of the German Emperor's birthday, January 27, 1895, the President, after eulogizing the old Emperor William, the present Emperor, and the loyalty of the Germans in the Transvaal, continued:

The latter I experienced once again at the time of the Kaffir War. One day three or four Germans came to me and said: 'We are indeed not naturalized, and are still subjects of our Emperor in Germany, but we enjoy the advantages of this country, and are ready to defend it in accordance with its laws. If your Excellency requires our services, we are willing to march out.' And they marched. That is the spirit which I admire. They were under the laws, they worked under the laws, they obeyed the laws, and they fell in war under the laws. All my subjects are not so minded. The English, for instance, although they behave themselves properly and are loyal to the State, always fall back upon England when it suits their purpose. Therefore I shall ever promote the interests of Germany, though it be but with the resources of a child, such as my land is considered. This child is now being trodden upon by one great Power, and the natural consequence is that it seeks protection from another. The time has come to knit ties of the closest friends.h.i.+p between Germany and the South African Republic-ties such as are natural between father and child.

The very considerable increase in the number of Germans, and the positive statement that a great many men of military training were coming out for service in the Transvaal, that officers were being employed to work up the artillery and to design forts, all tended to increase the feeling of intense dissatisfaction and uneasiness which culminated in the outbreak at the close of the year. Dr. Leyds, it was well known, went on a political mission to Lisbon and to Berlin, and it was stated that large sums had been withdrawn from the Treasury and charged to the secret service fund, the handling of which was entrusted to this gentleman. Dr. Leyds' personal popularity, never very great, was at the lowest possible ebb. He was regarded as the incarnation of Hollanderism-the 'head and front' of that detested influence. It was not credited to him in the Transvaal, as it has been elsewhere, that he designed or prompted the policy against the Uitlanders. There it is fully appreciated that there is but one man in it, and that man President Kruger. Dr. Leyds and others may be and are clever and willing tools. They may lend acidity or offensiveness to a hostile despatch, they may add a twist or two to a tortuous policy, but the policy is President Kruger's own, the methods are his own, all but the minor details. Much as the Hollander-German clique may profit by their alliance with Mr. Kruger, it is not to be believed that he is deceived. He regards them as handy instruments and ready agents. If they profit by the a.s.sociation, they do so at the expense of the accursed Uitlander; but there is no intention on Mr. Kruger's part to allow Germany or Holland to secure a permanent hold over the Republic, any more than he would allow England to increase hers. He has played off one against another with consummate skill.

Early in his official career Dr. Leyds was guilty of an indiscretion such as few would have suspected him of. Shortly after his appointment as Attorney-General he wrote to a friend in Holland, giving his opinion of the Members of the Executive. His judgment was sound; except of one man. Unfortunately for Dr. Leyds, he quarrelled with his correspondent; and the letter was of such a nature that, when published, it made extremely unpleasant reading. Generals Joubert and Smit, who had been described with admirable truth and candour, were so enraged that they demanded the instant dismissal of the 'conceited young popinjay' who had dared to criticise his masters. The President, however, who had been described as an ignorant, narrow-minded, pig-headed, and irascible old Boer whom-with the others thrown in-the writer could play with and twist round his finger as he chose, was not disturbed by the criticism. In reply to appeals for forgiveness on the score of youth, and in spite of the opposition of his colleagues, President Kruger agreed to retain Dr. Leyds in office, remarking that he was a capable young fellow and would know better in course of time, and explaining to him personally that he would keep him there just as long as it suited his (the President's) convenience. The a.s.sociation has lasted for ten years, so it is to be presumed that Dr. Leyds has changed his opinion of President Kruger, and frankly realized his position.

During the early part of 1896, when the question of the release on bail of the reform prisoners seemed to be of some moment, a well-known Pretoria man, friendly to the Government, called upon President Kruger and urged the advisability of allowing the prisoners out on bail, and with considerable lack of tact explained that it was well known that the President's humane nature inclined him to be lenient, but that the malign influence of others was believed to be swaying him in this matter. The old President jumped up in a huff and said, 'Ja, ja, ja! You always say it is somebody else! First, it was Jorissen who did everything; then it was Nellmapius; and then it was Leyds. Well, Jorissen is done for; Nellmapius is dead; Leyds is in Europe-who is it now?'

The President's opinion of himself may be commended as food for reflection to those who think they know everything about the inner workings of the Transvaal.

Dr. Leyds' reputation, unfavourable as it had been, was not improved by the Selati Railway exposure. Rightly or wrongly, in this matter, as in the jobs of the Netherlands Railway and several others of considerable magnitude, he has been held responsible in the public mind for the financial loss which the Republic sustained. When he left, ostensibly on a recruiting trip, few-very few-believed that the illness was a physical one. It is alleged that a gentleman on President Faure's staff, on hearing that Dr. Leyds had gone to Berlin to consult a physician, inquired what the ailment was? 'Mal de gorge,' was the reply. 'Ah,' said the officer, 'mal de gorge-diplomatique.' And that was the opinion in the Transvaal, albeit differently expressed.

It is impossible within the limits of this volume nor is it at all necessary to review all the measures which have been pa.s.sed by the Volksraad and pressed by the Government unnecessarily burdening the Uitlanders and unjustifiably a.s.sailing their rights; such for instance as the Election Law, which made it a crime to form Committees or do any of those things which are regarded everywhere as part of the legitimate business of elections-thus leaving Mr. Kruger the sole master of electioneering machinery, namely, the Government officials. The Public Meetings Act was another monstrous infringement of rights. By it a policeman has the right to disperse any gathering of more than seven persons, if in his opinion it be desirable. Imagine it! Liberty of Speech against the Discretion of a Transvaal policeman! But the list would be long, and the tale monotonous. And as long and equally monotonous would be the list of the measures proposed or threatened, but fortunately not carried. However, the review of the period prior to 1896, and the statement of the causes leading to the outbreak, may fitly be brought to a close by the recital of some of the measures under both the above headings which grace the records of the Session of 1895.

As is well known, the Grondwet (the written const.i.tution of the country) prescribes certain formalities for the introduction of new laws. In order to evade the law, and so avoid hostile criticism of proposed measures, in order, in fact, to prevent the public and even the Volksraad members from knowing and studying or explaining and digesting the intended legislation, it has become the practice of the Government to propose and rush through the most radical and important enactments in the form of amendments or explanations of existing laws. Prior to 1895 the Transfer Law imposed a tax of 4 per cent. upon the purchase-price of fixed property; and in the case of sales for shares a valuation of the property was made by the Government district officials, and transfer duty was paid on the amount of the valuation. This was universally done in the case of claims, which must of necessity in most instances be transferred several times before they become registered in the name of the company eventually working them. It was admitted that to pay 4 per cent. of full value on every transfer, or to pay 4 per cent. on the nominal value of ground on which years of work would have to be done and large sums of money expended before shareholders could reap one pennyworth of profit would be iniquitous. In 1895, however, the Raad thought otherwise, and amended the law by the insertion of the words 'in cash or shares' after the words 'purchase-price.' The result is, that owners who have acquired claims at great cost, who have paid licenses continuously on their claims, and who have paid full transfer duty on each nominal change of owners.h.i.+p, necessary to consolidation into workable blocks or groups, are now required to pay again in cash 4 per cent. on the total capital allotted in respect of these claims in the company formed to work them. Members of the Raad, in supporting this measure, did not hesitate to argue that it was a good law, because the burghers did not sell their farms for shares, but for cash, and it was right to tax those people who deal in shares.

The sense of insecurity which obtains during the Sessions of the Raad is due scarcely less to the threats which are not fulfilled and attempts which do not succeed, than to what is actually compa.s.sed. A direct tax on gold has more than once been threatened; concessions for cyanide, jam, bread, biscuits, and woollen fabrics were all attempted. The revival of an obsolete provision by which the Government can claim a royalty on the gold from 'mynpachts,' or mining leases, has been promised, and it is almost as much expected as it is dreaded.

With a monotony which is wearying, but which does not diminish the unfortunate Uitlanders' interest in the subject, the burden of every measure falls on the alien. One more instance will suffice. It ill.u.s.trates the Hollander-Boer genius for fulfilling the letter and breaking the spirit of a covenant. It was notified that Government were about to introduce a war tax, and that this tax was to be one of 20 per farm, to be levied in event of war if in the opinion of the Government it should be necessary. Much surprise was felt that anything so unfavourable to the Boers as a tax on farms should be proposed. When the measure came on for discussion it was found to contain provisions exempting the owner who personally resided on his farm, and especially and definitely taxing those farms which are owned by companies, a.s.sociations, corporations, or partners.h.i.+ps. The Boer, it is well known, takes no shares in companies, joins no a.s.sociations, and has partners.h.i.+p with no one. This law was shelved in 1895, but has since been pa.s.sed.{18} It is of a piece with the rest. Having sold his farm to the Uitlander, the Boer now proceeds to plunder him: and 'plunder' is not too strong a word when it is realized that the tax falls, not on the really valuable farms of the high veld, which are nearly all owned by individuals, and are all occupied, but on the undeveloped outlying farms, the rentable value of which would not on the average suffice to pay the tax! Indeed, one very large land-owner stated to the Government at the time, that if this law were pa.s.sed and put in force, they might take all his rentals good and bad in lieu of the tax, as it would pay him better!

These were matters which more immediately concerned persons of certain means. There is another matter, however, which very directly concerned every individual who had any intention of remaining in the country; that is, the matter of education. A dead set had always been made by the Transvaal Government against any encouragement of liberal education which would involve the use or even recognition of the English language. Indeed, some of the legislators have been known to express the opinion that education was not by any means desirable, as it taught the rising generation to look with contempt on the hardy Voortrekkers; and an interesting debate is on record, in which members pointedly opposed the granting of facilities for the education of their own women-kind, on the ground that presently the women would be found reading books and newspapers instead of doing their work, and would soon get to know more than their fathers, husbands, and brothers, and would, as a consequence, quickly get out of hand. It did not seem to occur to these worthy gentlemen that the proper course would be to educate the men. But it would not be fair to take this view as the representative one. On the point of the English language, however, and the refusal to give any facilities for the education of Uitlander children, the Boer legislature is practically unanimous. The appalling consequences of allowing the young population to grow up in absolute ignorance were realized by the people of Johannesburg, and efforts were constantly made to induce the Government to recognize the evil that was growing in the State. The efforts were so entirely unsuccessful that the Uitlanders found in this as in other cases that nothing would be done unless they did it for themselves. A fund was opened, to which very liberal donations were made. The services of a Director-General were secured, and an Educational Council was elected. A comprehensive scheme of education-in the first place for the Rand district, but intended to be extended ultimately for the benefit of the whole of the Uitlander population in the Transvaal-was devised, and it was calculated that in the course of a few years a fund of close upon half a million of money would be required, and would be raised, in order to place educational facilities within the reach of the people. Needless to say, this did not at all square with the policy of the Transvaal Government, and the scheme was looked upon with the utmost disfavour. In order to defeat it, the Superintendent-General of Education, Dr. Mansvelt, a Hollander, who for six years had degraded his high office to the level of a political engine, felt himself called upon to do something-something to trail the red herring across the too hot scent; and he intimated that more liberal measures would be introduced during the Session of 1895, and in his report proposed certain amendments to the existing law, which would (in appearance, but, alas! not in fact) improve the condition of the Uitlander. The following letter appearing in the London Times, on October 3, 1896, although dealing with a period some months later than that under review, explains the position with authority and clearness-a position which has not been materially altered, except for the worse, during Dr. Mansvelt's regime. It will be noted that the last-named gentleman coupled with his 'liberal' provisions the suggestion that all schools, except those of the State, should be suppressed. Such a suggestion reveals very clearly the aim of this 'Reform' measure.

SIR, I trust you will allow me a little s.p.a.ce with a view to enable me to correct, by the application of a little wholesome fact, the erroneous impression which has been created in England with reference to the education of Uitlanders in the Transvaal by recent crude and ill-considered expressions of opinion, notably by Mr. Reginald Statham and Mr. Chamberlain.

Mr. ----, in a letter addressed to one of your contemporaries, informed the British public that in view of a liberal Government grant of 4 per head per annum, the Transvaal Uitlander had nothing to complain of in respect to education. As Mr. ---- claims to be completely informed on Transvaal politics, he can only have been guilty of a deliberate, if not malicious suppressio veri when he omitted to say that, like most of the legislation of this country, which has for its ostensible object the amelioration of the condition of the Uitlander, this measure, which looks like munificence at first sight, has been rendered practically inoperative by the conditions which hedge it round. Take, for example, a school of 100 children. Strike out ten as being under age, ten as having been too short a time at school, twenty as suspected of being of Dutch parentage. Out of the sixty that remain suppose fifty satisfy the inspector in the Dutch language and history, and you have as your allowance for the year 200-a sum which is insufficient to pay the Dutch teacher employed to bring the children up to the required standard in that language. It is small wonder, then, that most teachers prefer to dispense with this Will-o'-the-wisp grant altogether, seeing that the efforts of some to earn it have resulted in pecuniary loss. The actual sum expended on Uitlander schools last year amounted to 650, or 1s. 10d. a head out of a total expenditure for education of 63,000, the expenditure per Dutch child amounting to 8 6s. 1d.

Mr. Chamberlain considers the new educational law for Johannesburg as a subject for gratulation. I should have thought that his recent dealings with Pretoria would have suggested to him as a statesman that felicitations upon the pa.s.sing of a vague and absolutely undefined measure might possibly be a little too premature. A Volksraad, which only rejected the forcible closing of private schools by a majority of two votes, is hardly likely to give the Executive carte blanche to deal with Uitlander education without some understanding, tacit or declared, as to how this power is to be wielded. Be that as it may, nearly two months have elapsed since the pa.s.sing of a measure which was to come into operation at once, and nothing has been done. In the meantime, we can learn from the inspired press and other sources that English schools which desire aid under the new law must be prepared to give instruction in Standard V. and upwards, and entirely in the Dutch language. So far, the Superintendent of Education, whether acting under instructions or on his own initiative, has been absolutely immovable on this point, and the much-vaunted law promises to be as much a dead letter as the 1s. 10d. grant. The Johannesburg Council of Education has exerted its influence to secure such an interpretation of the new law as would lead to the establishment of schools where Dutch and English children might sit side by side, and so work towards establis.h.i.+ng a bond of sympathy and the eventual blending of the races. The Pretoria authorities however refuse to entertain the idea of meeting the Uitlander in a conciliatory spirit on anything like equal terms, but will only treat with us on the footing of master and servant. A curious and almost inexplicable feature of the situation is the fact that hundreds of Boers are clamouring for the better instruction of their children in English, but which is steadfastly refused them.

I might enlarge on what I have written, and point out the injustice and the gross system of extortion practised by the Government in making Johannesburg pay something like 7 per head for the education of Dutch children, whilst it has to pay from 5 to 15 per annum for the education of each child of its own, meanwhile leaving hundreds growing up in the blackest ignorance and crime. Any comment would, however, lay me open to the charge of bias and partisans.h.i.+p, and I therefore confine myself to the simple statement of a few facts, which I challenge anyone to controvert, leaving the reader to draw his own conclusions.

I am, sir, yours, etc., JOHN ROBINSON, Director-General Johannesburg Educational Council.

Imagine it! 650 used for the children of those who contributed nine-tenths of the 63,000 spent on education!

The succession of flagrant jobs, the revelation of abuses unsuspected, the point-blank refusal to effect any reasonable reforms had filled the Uitlanders' cup perilously full, and during the latter half of 1895 the prospect of any change for the better, except at the cost of fighting, was generally realized to be very poor indeed.

Trouble came to South Africa with the end of 1895. It very nearly came earlier. Mention has been made that the Netherlands Railway Company practically dictates the relations of the Transvaal with the other States in South Africa by means of its tariffs. The compet.i.tion between the Cape, Natal and Delagoa lines having become very keen, and the Cape service by superior management and easier gradients having secured the largest share of the carrying trade, attempts were made to effect a different division of profits. Negotiations failed to bring the various parties to terms, and owing to the policy of the Netherlands Railway Company, the Cape Colony and Free State, whose interests were common, were in spirit very hostile to the Transvaal, and bitterly resentful of the policy whereby a foreign corporation was aided to profit enormously to the detriment of the sister South African States. After all that the Colonial and Free State Dutch had done for their Transvaal brethren in days of stress and adversity, it was felt to be base ingrat.i.tude to hinder their trade and tax their products.

The Cape Colony-Free State line ends at the Vaal River. Thence all goods are carried over the Netherlands Railway Company's section to Johannesburg, a distance of about fifty miles. In order to handicap the southern line, an excessive rate was imposed for carriage on this section. Even at the present time the tariff is 8-1/2d. per ton per mile, as against a rate of about 3d. with which the other two lines are favoured. Notwithstanding this, however, and the obstructions placed in the way by obnoxious regulations and deliberate blocking of the line with loaded trucks at Vereeniging, and also the blocking of Johannesburg stations by non-delivery of goods-measures which resulted sometimes in a delay of months in delivery, and sometimes in the destruction or loss of the goods-the Southern line more than held its own. The block was overcome by off-loading goods at the Vaal River and transporting them to Johannesburg by mule and ox waggons.

Mr. Kruger and his Hollander friends were almost beaten when the President played his last card. He intimated his intention to close the Vaal River drifts against over-sea goods, and, by thus preventing the use of waggons, to force all traffic on to his railways upon his terms; and as the threat did not bring the Colony and Free State to the proper frame of mind, he closed them. This was a flagrant breach of the London Convention, and as such it was reported by the High Commissioner to Mr. Chamberlain, and imperial intervention was asked. Mr. Chamberlain replied that it was a matter most closely affecting the Colony, and he required, before dealing with it, to have the a.s.surance of the Colonial Government that, in the event of war resulting, the cost of the campaign would be borne, share and share alike, by the Imperial and Colonial Governments, and that the latter would transport troops over their lines free of charge. Such was the indignation in the Colony at the treatment accorded it that the terms were at once agreed to-a truly significant fact when it is realized that the Ministry undertaking this responsibility had been put and was maintained in office by the Dutch party, and included in its members the best and most p.r.o.nounced Africander representatives. But Mr. Kruger is not easily 'cornered.' His unfailing instinct told him that business was meant when he received Mr. Chamberlain's ultimatum to open the drifts. The President 'climbed down' and opened them! He has several advantages which other leaders of men have not, and among them is that of having little or no pride. He will bl.u.s.ter and bluff and bully when occasion seems to warrant it; but when his judgment warns him that he has gone as far as he prudently can, he will alter his tactics as promptly and dispa.s.sionately as one changes one's coat to suit the varying conditions of the weather. Mr. Kruger climbed down! It did not worry him, nor did he take shame that he had failed. He climbed down, as he had done before in the Stellaland affair, the Banjailand trek, the commandeering incident, and as he no doubt will do in others; for he may bluff hard, but it will take a great deal to make him fight. There is one matter upon which Mr. Kruger's judgment is perfect: he can judge the 'breaking strain' to a nicety. He climbs down, but he is not beaten; for as surely as the dammed stream will seek its outlet, so surely will the old Dutchman pursue his settled aim.

War is war, and always bad; but sometimes worse; for the cause is still a mighty factor, as those may see who contrast the probable effects upon the people of South Africa of war on the drifts question with the actual results of the Jameson raid.

Footnotes for Chapter II

{04} Among the first notes which poor Colley-brave, wise, generous, and unlucky-wrote after taking office, was one containing these words: 'Whether I ... shall find that South Africa is to me, as it is said to be in general, "the grave of all good reputations," remains to be seen.'

{05} See Appendix A for the full text of the Pretoria Convention.

{06} In February, 1898, he was elected for the fourth time.

{07} For full text of London Convention, see Appendix B. (July, 1899). A very extensive correspondence has pa.s.sed on the subject of the suzerainty. The Transvaal Government now construe the omission of the Preamble to the 1881 Convention as the result of an agreement to abolish the suzerainty. Mr. Chamberlain points out that the London Convention contains specific and not implied amendments of the Pretoria Convention; that the direct request for abolition of the suzerainty was refused by Lord Derby; that the preamble as the fundamental declaration must be deemed to be in force; and that if not, the same reason which is adduced against the continued existence of the suzerainty would hold good against the independence of the Transvaal, for in the preamble of the 1881 Convention alone is any mention made of either the grant or the reservation.

{08} Written August, 1896.

{09} To those who are not familiar with the conditions of the country, it will seem incredible that the legislative body could be 'fooled' on such a subject. The extracts from the newspaper reports of the Raad's proceedings, printed in Appendix D of this volume, will help them to understand and believe.

{10} The above has been brought up to date for publication, July, 1899.

{11} Except on the goldfields, where the appointments are made by Government.

{12} For Volksraad records on this subject see Appendix C.

{13} The decision of the High Court was given in November, 1896, in favour of the combined companies on all points, and the patents were thus declared to be invalid!