FOOTNOTES:[2]Natal was discovered by a Portuguese navigator, Vasco da Gama, when engaged in his quest for a sea-route to India, on Christmas Day, 1497. But little more was heard of the country until Farewell and Fynn, having proceeded in 1823 as far as St. Lucia Bay and Delagoa Bay respectively, returned to Cape Town and organized the party referred to in the text.[3]The notorious Zulu King Tshaka's catastrophic reign began about 1814. Great tribes were, at quick intervals between then and 1820, driven headlong into Natal, only to sweep the peaceful inhabitants of the land away with them into the Cape Colony and elsewhere. Three or four of these appalling exoduses, taking place by no means only on the south-west boundary of Zululand, soon denuded Natal, and other adjacent territories, of the greater portion of their aboriginal population. The country was transformed into a howling wilderness, overrun with lions, hyænas, and wolves; and any stray wight, who had succeeded in evading the Zulu fury and was eking out an existence on wild-roots or shell-fish, was hunted by members of his own species, so far de-humanized, within half-a-dozen years, as to have become converted into expert and voracious cannibals.[4]It was after this kraal that Mzilikazi, "the lion of the North," named his own principal kraal—a name subsequently adopted by the Chartered Company of Rhodesia for the already well-known town established on the site of the kraal.[5]Bird,Annals of Natal,194.[6]Ibid.i. 326.[7]Much of the earlier history of the Colony will be found in the following works: N. Isaacs,Travels and Adventures in Eastern Africa, 2 vols. London, 1836; Capt. Allen F. Gardiner,A Journey to the Zoolu Country, London, 1836; H.F. Fynn,Papers, printed in part on pp. 60-124, vol. i. Bird'sAnnals of Natal, Pietermaritzburg, 1888.Up to the day of his death, Fynn, the friend of Isaacs and the source from which the latter drew much of the information in the work above quoted, was the final authority on all matters appertaining to the Natives of South-East Africa. He, fortunately, left a number of valuable manuscripts. These are being prepared for the press by the author. They include a large quantity of matter connected with early Zulu history, customs and habits hitherto unpublished.[8]Pietermaritzburg, the capital of Natal, was laid off by them.[9]Among these were theNatal Frontier Guards,Weenen Yeomanry,Victoria Mounted Rifles,Alexandra Mounted Rifles,Natal Hussars,Royal Durban Rifles, Natal Carbineers, Natal Mounted Rifles, Border Mounted Rifles, Natal Field Artillery, Durban Light Infantry, Natal Royal Rifles, also the Natal Mounted Police andNatal Native Police. (The corps in italics have either ceased to exist or been merged in those printed in ordinary type.) The last-named corps, organized in 1848, and about 150 strong, was disbanded by the Government in 1854, without any reasons being given as to why such action had become necessary. To this day, Natives wonder what the reasons could have been. Mr. (later, Sir) Theophilus Shepstone, was its captain-in-chief.[10]Often wrongly spelt "laagers." See Glossary.[11]Known as Bushman's Pass.[12]It was this officer who, on 22nd January, 1879, was Colonel in command when the Imperial and Colonial troops suffered their reverse at Isandhlwana.[13]Consisting of one officer, one sergeant and thirty-three rank and file of the Natal Carbineers (with forty rounds of ammunition per man), and twenty-five mounted Basutos; of the latter, seventeen had various kinds of guns (with about three charges apiece); the other eight were armed only with assegais.—A Soldier's Life and Work in South Africa, edited by Lt. Col. E. Durnford, London, 1882, p. 32.[14]The strength of columns at 11th January was:European troops—85 Staff and departments, 263 Royal Artillery (20 guns—7 and 9 pdrs., 2 rocket tubes, 8 rocket troughs), 5,128 infantry and 1,193 cavalry = 6,669 (of these, 292 were from Natal mounted volunteer corps and 80 Natal Mounted Police).Native troops—315 mounted, 9,035 infantry = 9,350; making a grand total, including 1,910 conductors, drivers and voorloopers, of 17,929 officers and men.After the Isandhlwana disaster, another 10,000 men from England, Ceylon and other parts were sent as reinforcements, disembarking at Natal at the beginning of April.Thelosses in action were: Killed—(Europeans) 76 Officers (including the Prince Imperial of France), 1,007 N.C.O. and men; (Natives) 604. Wounded—(Europeans) 37 Officers, 206 N.C.O. and men; (Natives) 57. The returns are incomplete as regards Native casualties. Between 11th January and 15th October, 1879, 17 Officers and 330 men died of diseases consequent on the operations. The total cost of the war was £5,230,323.—Narrative of the Field Operations connected with the Zulu War of 1879.War Office publication. London, 1881.A Natal official return (1880) shows that, in addition to a reserve of 360 Europeans and 2,500 Natives, the Natal forces called out were: Natal Mounted Police, 130; Volunteers, 582; Levy leaders, etc., 86; Natives, 20,037. Total, 20,835.[15]Dinuzulu's mother, a daughter of a commoner, Msweli, was a concubine and never became Cetshwayo's chief wife. There was a posthumous son by the chief wife, called Manzolwandhle, now a Chief in Nqutu district, Zululand, who would, under ordinary circumstances, have succeeded his father, but, with the country in an unsettled condition at the ex-King's death, it was decided that Dinuzulu, because the only son then living, should be recognized as head of the Zulu House.[16]The Imperial Government did not at any time recognize Dinuzulu as a king.[17]The name means "water of the ocean," in memory of the voyage that was made by his father to England.[18]Where Mkuze River passes through the Ubombo Range.[19]No. 37, 1897 (Natal).
[2]Natal was discovered by a Portuguese navigator, Vasco da Gama, when engaged in his quest for a sea-route to India, on Christmas Day, 1497. But little more was heard of the country until Farewell and Fynn, having proceeded in 1823 as far as St. Lucia Bay and Delagoa Bay respectively, returned to Cape Town and organized the party referred to in the text.
[2]Natal was discovered by a Portuguese navigator, Vasco da Gama, when engaged in his quest for a sea-route to India, on Christmas Day, 1497. But little more was heard of the country until Farewell and Fynn, having proceeded in 1823 as far as St. Lucia Bay and Delagoa Bay respectively, returned to Cape Town and organized the party referred to in the text.
[3]The notorious Zulu King Tshaka's catastrophic reign began about 1814. Great tribes were, at quick intervals between then and 1820, driven headlong into Natal, only to sweep the peaceful inhabitants of the land away with them into the Cape Colony and elsewhere. Three or four of these appalling exoduses, taking place by no means only on the south-west boundary of Zululand, soon denuded Natal, and other adjacent territories, of the greater portion of their aboriginal population. The country was transformed into a howling wilderness, overrun with lions, hyænas, and wolves; and any stray wight, who had succeeded in evading the Zulu fury and was eking out an existence on wild-roots or shell-fish, was hunted by members of his own species, so far de-humanized, within half-a-dozen years, as to have become converted into expert and voracious cannibals.
[3]The notorious Zulu King Tshaka's catastrophic reign began about 1814. Great tribes were, at quick intervals between then and 1820, driven headlong into Natal, only to sweep the peaceful inhabitants of the land away with them into the Cape Colony and elsewhere. Three or four of these appalling exoduses, taking place by no means only on the south-west boundary of Zululand, soon denuded Natal, and other adjacent territories, of the greater portion of their aboriginal population. The country was transformed into a howling wilderness, overrun with lions, hyænas, and wolves; and any stray wight, who had succeeded in evading the Zulu fury and was eking out an existence on wild-roots or shell-fish, was hunted by members of his own species, so far de-humanized, within half-a-dozen years, as to have become converted into expert and voracious cannibals.
[4]It was after this kraal that Mzilikazi, "the lion of the North," named his own principal kraal—a name subsequently adopted by the Chartered Company of Rhodesia for the already well-known town established on the site of the kraal.
[4]It was after this kraal that Mzilikazi, "the lion of the North," named his own principal kraal—a name subsequently adopted by the Chartered Company of Rhodesia for the already well-known town established on the site of the kraal.
[5]Bird,Annals of Natal,194.
[5]Bird,Annals of Natal,194.
[6]Ibid.i. 326.
[6]Ibid.i. 326.
[7]Much of the earlier history of the Colony will be found in the following works: N. Isaacs,Travels and Adventures in Eastern Africa, 2 vols. London, 1836; Capt. Allen F. Gardiner,A Journey to the Zoolu Country, London, 1836; H.F. Fynn,Papers, printed in part on pp. 60-124, vol. i. Bird'sAnnals of Natal, Pietermaritzburg, 1888.Up to the day of his death, Fynn, the friend of Isaacs and the source from which the latter drew much of the information in the work above quoted, was the final authority on all matters appertaining to the Natives of South-East Africa. He, fortunately, left a number of valuable manuscripts. These are being prepared for the press by the author. They include a large quantity of matter connected with early Zulu history, customs and habits hitherto unpublished.
[7]Much of the earlier history of the Colony will be found in the following works: N. Isaacs,Travels and Adventures in Eastern Africa, 2 vols. London, 1836; Capt. Allen F. Gardiner,A Journey to the Zoolu Country, London, 1836; H.F. Fynn,Papers, printed in part on pp. 60-124, vol. i. Bird'sAnnals of Natal, Pietermaritzburg, 1888.
Up to the day of his death, Fynn, the friend of Isaacs and the source from which the latter drew much of the information in the work above quoted, was the final authority on all matters appertaining to the Natives of South-East Africa. He, fortunately, left a number of valuable manuscripts. These are being prepared for the press by the author. They include a large quantity of matter connected with early Zulu history, customs and habits hitherto unpublished.
[8]Pietermaritzburg, the capital of Natal, was laid off by them.
[8]Pietermaritzburg, the capital of Natal, was laid off by them.
[9]Among these were theNatal Frontier Guards,Weenen Yeomanry,Victoria Mounted Rifles,Alexandra Mounted Rifles,Natal Hussars,Royal Durban Rifles, Natal Carbineers, Natal Mounted Rifles, Border Mounted Rifles, Natal Field Artillery, Durban Light Infantry, Natal Royal Rifles, also the Natal Mounted Police andNatal Native Police. (The corps in italics have either ceased to exist or been merged in those printed in ordinary type.) The last-named corps, organized in 1848, and about 150 strong, was disbanded by the Government in 1854, without any reasons being given as to why such action had become necessary. To this day, Natives wonder what the reasons could have been. Mr. (later, Sir) Theophilus Shepstone, was its captain-in-chief.
[9]Among these were theNatal Frontier Guards,Weenen Yeomanry,Victoria Mounted Rifles,Alexandra Mounted Rifles,Natal Hussars,Royal Durban Rifles, Natal Carbineers, Natal Mounted Rifles, Border Mounted Rifles, Natal Field Artillery, Durban Light Infantry, Natal Royal Rifles, also the Natal Mounted Police andNatal Native Police. (The corps in italics have either ceased to exist or been merged in those printed in ordinary type.) The last-named corps, organized in 1848, and about 150 strong, was disbanded by the Government in 1854, without any reasons being given as to why such action had become necessary. To this day, Natives wonder what the reasons could have been. Mr. (later, Sir) Theophilus Shepstone, was its captain-in-chief.
[10]Often wrongly spelt "laagers." See Glossary.
[10]Often wrongly spelt "laagers." See Glossary.
[11]Known as Bushman's Pass.
[11]Known as Bushman's Pass.
[12]It was this officer who, on 22nd January, 1879, was Colonel in command when the Imperial and Colonial troops suffered their reverse at Isandhlwana.
[12]It was this officer who, on 22nd January, 1879, was Colonel in command when the Imperial and Colonial troops suffered their reverse at Isandhlwana.
[13]Consisting of one officer, one sergeant and thirty-three rank and file of the Natal Carbineers (with forty rounds of ammunition per man), and twenty-five mounted Basutos; of the latter, seventeen had various kinds of guns (with about three charges apiece); the other eight were armed only with assegais.—A Soldier's Life and Work in South Africa, edited by Lt. Col. E. Durnford, London, 1882, p. 32.
[13]Consisting of one officer, one sergeant and thirty-three rank and file of the Natal Carbineers (with forty rounds of ammunition per man), and twenty-five mounted Basutos; of the latter, seventeen had various kinds of guns (with about three charges apiece); the other eight were armed only with assegais.—A Soldier's Life and Work in South Africa, edited by Lt. Col. E. Durnford, London, 1882, p. 32.
[14]The strength of columns at 11th January was:European troops—85 Staff and departments, 263 Royal Artillery (20 guns—7 and 9 pdrs., 2 rocket tubes, 8 rocket troughs), 5,128 infantry and 1,193 cavalry = 6,669 (of these, 292 were from Natal mounted volunteer corps and 80 Natal Mounted Police).Native troops—315 mounted, 9,035 infantry = 9,350; making a grand total, including 1,910 conductors, drivers and voorloopers, of 17,929 officers and men.After the Isandhlwana disaster, another 10,000 men from England, Ceylon and other parts were sent as reinforcements, disembarking at Natal at the beginning of April.Thelosses in action were: Killed—(Europeans) 76 Officers (including the Prince Imperial of France), 1,007 N.C.O. and men; (Natives) 604. Wounded—(Europeans) 37 Officers, 206 N.C.O. and men; (Natives) 57. The returns are incomplete as regards Native casualties. Between 11th January and 15th October, 1879, 17 Officers and 330 men died of diseases consequent on the operations. The total cost of the war was £5,230,323.—Narrative of the Field Operations connected with the Zulu War of 1879.War Office publication. London, 1881.A Natal official return (1880) shows that, in addition to a reserve of 360 Europeans and 2,500 Natives, the Natal forces called out were: Natal Mounted Police, 130; Volunteers, 582; Levy leaders, etc., 86; Natives, 20,037. Total, 20,835.
[14]The strength of columns at 11th January was:European troops—85 Staff and departments, 263 Royal Artillery (20 guns—7 and 9 pdrs., 2 rocket tubes, 8 rocket troughs), 5,128 infantry and 1,193 cavalry = 6,669 (of these, 292 were from Natal mounted volunteer corps and 80 Natal Mounted Police).Native troops—315 mounted, 9,035 infantry = 9,350; making a grand total, including 1,910 conductors, drivers and voorloopers, of 17,929 officers and men.
After the Isandhlwana disaster, another 10,000 men from England, Ceylon and other parts were sent as reinforcements, disembarking at Natal at the beginning of April.
Thelosses in action were: Killed—(Europeans) 76 Officers (including the Prince Imperial of France), 1,007 N.C.O. and men; (Natives) 604. Wounded—(Europeans) 37 Officers, 206 N.C.O. and men; (Natives) 57. The returns are incomplete as regards Native casualties. Between 11th January and 15th October, 1879, 17 Officers and 330 men died of diseases consequent on the operations. The total cost of the war was £5,230,323.—Narrative of the Field Operations connected with the Zulu War of 1879.War Office publication. London, 1881.
A Natal official return (1880) shows that, in addition to a reserve of 360 Europeans and 2,500 Natives, the Natal forces called out were: Natal Mounted Police, 130; Volunteers, 582; Levy leaders, etc., 86; Natives, 20,037. Total, 20,835.
[15]Dinuzulu's mother, a daughter of a commoner, Msweli, was a concubine and never became Cetshwayo's chief wife. There was a posthumous son by the chief wife, called Manzolwandhle, now a Chief in Nqutu district, Zululand, who would, under ordinary circumstances, have succeeded his father, but, with the country in an unsettled condition at the ex-King's death, it was decided that Dinuzulu, because the only son then living, should be recognized as head of the Zulu House.
[15]Dinuzulu's mother, a daughter of a commoner, Msweli, was a concubine and never became Cetshwayo's chief wife. There was a posthumous son by the chief wife, called Manzolwandhle, now a Chief in Nqutu district, Zululand, who would, under ordinary circumstances, have succeeded his father, but, with the country in an unsettled condition at the ex-King's death, it was decided that Dinuzulu, because the only son then living, should be recognized as head of the Zulu House.
[16]The Imperial Government did not at any time recognize Dinuzulu as a king.
[16]The Imperial Government did not at any time recognize Dinuzulu as a king.
[17]The name means "water of the ocean," in memory of the voyage that was made by his father to England.
[17]The name means "water of the ocean," in memory of the voyage that was made by his father to England.
[18]Where Mkuze River passes through the Ubombo Range.
[18]Where Mkuze River passes through the Ubombo Range.
[19]No. 37, 1897 (Natal).
[19]No. 37, 1897 (Natal).
SYSTEM OF NATIVE ADMINISTRATION IN NATAL.
Whenthe first colonists arrived, there were, as has been seen, but few aboriginal inhabitants, so few that nothing in the shape of formal government could exist. Gradually, however, refugees from Zululand and various parts of Natal proper began to attach themselves to the British settlers. And so, by 1835, the population at Port Natal had grown to about 4,000. Capt. Allen F. Gardiner, R.N., who arrived in the year referred to, accordingly found it necessary to enter into a treaty with Dingana (May, 1835) in the name of the settlers at Port Natal, wherein the latter engaged themselves "for the future never to receive or harbour any deserters from the Zulu country ... and to use every endeavour to secure and return to the King every such individual endeavouring to find an asylum among them."[20]In the following year, the British Government appointed Gardiner, at his own request, a Justice of the Peace, without, however, providing for the execution of the powers so conferred. The result was a protest on the part of the pioneers, and an immediate and complete failure by Gardiner to assert his authority.[21]A petition from the residents to the effect that Natal, towhich they had given the name of "Victoria" in honour of our late revered Queen, then Princess, should be recognized "as a Colony of the British Empire," met with no encouragement from the Imperial Government. And so it happened that practically no regular government existed when the Boers arrived in 1837-39.
The relations between the voortrekkers and the Zulus have been already touched on. Although, with the defeat and death of Dingana, the menace of the Zulu power had been temporarily removed, the installation of his brother Mpande as Paramount Chief meant a continuance of the military and tribal systems, though in a modified degree. The Boers governed on somewhat similar lines such aboriginals as they found already in the country, or those who, since the arrival of the Boers, had fled there from across the Tugela.[22]No reservations were at that time set apart for the occupation of the Natives, the Boer custom being to treat them as squatters when living on lands occupied by Europeans, and require them to render service in lieu of paying rent.[23]No equality as between Europeans and Natives was permitted. Had Boer administration continued in Natal, steps would probably have been taken to prohibit further ingress of refugees; such as were unprepared to serve would, probably, have been refused an asylum and compelled to return to Zululand or to the district between Umkomanzi and Umzimkulu Rivers, if not still further south.[24]As it was, in 1843, when that administration came to an end, there were between 40,000 and 50,000 refugees in Natal (exclusive of some 5,000 or 6,000 original inhabitants), notwithstanding the treaty above referred to.[25]The British settlers at the Port,however, looked upon themselves as wholly independent both of the Boers and of the Zulu King, and accorded the refugees and all others living under their protection similar concessions in the matter of self-government, if somewhat more liberal.
The same disposition to allow Natives to live in accordance with their ancient laws, habits and customs—so long as these were not repugnant to civilized usages—is seen in the Instructions issued in March, 1848, by the Imperial Government to the first Governor. By that time, the Native population had increased to over 100,000. So significant is the 28th clause and so pivotal in the long government subsequently maintained, that it would be well to notice it in its original, though slightly abbreviated, form: "And whereas the said District of Natal is inhabited by numerous Tribes, ... whose ignorance and habits unfit them for the duties of civilized life, and it is necessary to place them under special control, until, having been duly capacitated to understand such duties, they may reasonably be required to render ready obedience to the Laws ..., We do hereby declare it to be our Will and Pleasure ... that, in assuming the sovereignty thereof, we have not interfered with or abrogated any Law, Custom or Usage prevailing among the Inhabitants previous to the assertion of sovereignty ... except so far as the same may be repugnant to the general principles of humanity recognized throughout the civilized world...."
The same Instruction, whilst further declaring that, civil or criminal jurisdiction of the Chiefs had not been abrogated, went on to reserve to the Crown the right of amending Native laws, and providing for better administration of justice among them, "as may be found practicable."
It is not intended here, of course, to trace, step by step the development of Native policy from the issue of the Instruction here quoted to the introduction of responsible government in 1893, and on to the establishment of the Union of South Africa. It will suffice, perhaps, to observe that the key-note thereof has, all along, been togovern these people in accordance with principles inherited from, and followed by, their race from time immemorial. It has been a cardinal feature of this policy "to make haste slowly," on the ground that a change, not spontaneously desired by the majority of the people, is detrimental to their interests. Moreover, it is productive of unrest if forced on by a government pledged to administer the affairs of its own race on lines radically and obviously different. Consequently, in the endeavour to maintain what every humane man will agree is a laudable practice, Natal, by steadily marking time in the interests of the people, and in order to fulfil what, after all, is the greatest function of government, viz. to endeavour to promote the happiness and contentment of all her subjects, has laid herself open to the charge ofdoing nothing. If what she has done for the Natives in the way of prohibiting cherished habits and customs of untold antiquity; abrogating laws of various kinds long familiar to the people; urging them to hasten to educate themselves and their children in accordance with European, that is, foreign standards; persuading them to forsake their own creeds to adopt one or other of the numerous forms of Christianity—if these be the only evidences of action, then it would seem Natal has not a great deal to advance. But, if there be other standards by which a government that presides over the destinies of a lower race may be judged, if any merit attach to a government which, while it does not actively repress legitimate aspirations, reasonably assists the people, whilst penalizing practices such as witchcraft, putting to death without trial and marrying off girls without their consent, and ordains "that there shall not be in the eye of the law any distinction or disqualification whatever, founded on mere distinction of colour, origin, language, or creed, but that the protection of the law, in letter and in substance, shall be extended impartially to all alike," also "that slavery in any shape or under any modification is absolutely unlawful"; if, we say, there be any merit in these things, then the policy of Natal in the past, if it appears to have been somewhat wanting in energy, hasat least been friendly; if it has not caused the people to 'progress' with leaps and bounds, it has at least recognized thatnatura non facit saltumis as true to-day as it was in the time of Aristotle, and as it will be ten thousand years hence; if it has not sought to impress the European character in all its complexity on a race fashioned in moulds vastly different to those of Europeans, it has preferred to rely on nature to produce such a character as she will produce, regardless of any well-intentioned efforts of impassioned promoters of a civilization which, to say the least, would appear to be not altogether without spot or blemish.
The government of the lower races is a problem of stupendous difficulty, not because of any fear lest, being badly ruled, they will combineà la militaireto wreak vengeance on those they consider their oppressors, but chiefly because of the ever-changing legal, political and social position that has to be accorded them within the limits of the British system, framed, as that was, for people whose members are admittedly on a footing of equality with one another.
But, although government of the Natives mainly in accordance with their own laws and customs has been the outstanding feature of Natal's policy, changes being introduced with care and deliberation as they appeared to be necessary, there have not been wanting occasions on which, instead of being sympathetic, her administration has been cold and artificial; instead of being content with advance in harmony with nature's slow processes, she has imposed laws involving sudden and widespread change; instead of being occasional and simple to understand, the laws have been frequent and to some extent unintelligible, having in view rather the benefit of the higher than of the lower race. Instances of such inconsistency will be given later; for these, indeed, are the stuff out of which the bonfire of the Rebellion was built up. Had Natal been true to herself, had she but steadily adhered to the general principles above outlined, it is not too much to say, there would have been no Rebellion.
On the initiation of Native "own-laws" policy in Natal,the Imperial Government took steps to see that it was followed in the letter as well as in the spirit. The officer selected as the principal exponent thereof was Theophilus Shepstone, a young man of but twenty-eight years of age, who, having arrived in the Cape Colony with his father in 1820, with the Albany Settlers, had lived nearly the whole of his life in Native areas north-east of Grahamstown. The proficiency attained by him in the Native dialects was remarkable, so much so, that he was able, on the one hand, materially to assist the Rev. W.B. Boyce in discovering the underlying philological principle of the Bantu languages known as theeuphonic concord, and, on the other, to be employed by the Imperial Government in the Cape Colony at the age of eighteen as interpreter and negotiator of treaties with important Native Chiefs, during a critical period. No more competent officer could have been found for the post of Diplomatic Agent, as it was at first called, especially as he had recently and for seven years been in personal charge at Peddie of various Zulu tribes—locally known as amaMfengu or Fingos—who had, since 1820, been driven out of Natal and Zululand by Tshaka and Dingana's inhuman tactics.
The story of Shepstone's early connection with the tribes on the then eastern frontiers of the Cape Colony is itself matter of history, and we cannot stay to consider it, it being enough to note the experience brought by this brilliant young officer to the discharge of the peculiarly difficult duties of his new post.[26]
Shortly after his arrival, he, along with Dr. William Stanger, Lieutenant Charles J. Gibb, R.E., and Messrs. N. Adams and D. Lindley (American Missionaries), were commissioned to lay off tracts of country known as "locations," suitable for Native occupation, and conveniently situated in respect of areas inhabited, or in the near future to be inhabited, by Europeans.[27]
At first, six or seven locations of about 50,000 acres each, were laid off, followed later on by others, until, in 1906, the aggregate area so set apart amounted to 2,262,066 acres. Arrangements were made for the whole of these lands to be vested in trustees appointed under Letters Patent.[28]A singularly wise provision by the Imperial Government was that such trustees should be the officer-administering-the-government for the time being, together with the members of the executive council. By this means, Native interests were effectually protected against any pressure that might be brought on the Government in the future by would-be European or Asiatic purchasers.
Another early work of importance which Shepstone performed with tact, and credit to himself, was the levying of a tax of 7s. on every Native hut. By 1845, the coloured population had risen to nearly 100,000. As control of so great a number, scattered over many parts of the Colony, involved considerable expense, it was only fair that the people should contribute to the revenue, seeing they were securing the very real benefit—of which the younger generations are too often oblivious—of being completely protected against the tyranny of their quondam rulers. The odd amount of 7s. was made up thus: 5s. "in respect of each hut; it being understood that every kraal, having the usual establishment of a Native kraal, that is, cattle and cultivated ground, whether in a location or on private farms, should be subject to this property and protection tax";[29]and 2s. "as a quit rent for land on all kraals or villages residing either in the locations or on government land without any location."[30]Some twenty years later, the tax, which in reality was in respect of wives—Zulus, like all Bantu races, being polygamists—was doubled. By that time, however, the people were earning far higher wages, whilst labour was readily procurable among the steadily increasing European immigrants.
Shepstone, in 1856, when, under "Royal Charter," a representative legislature was first established in Natal, ceased to be styled Diplomatic Agent. He then became Secretary for Native Affairs. This office he only relinquished some twenty years later, on proceeding to the Transvaal in connection with a mission too well known to need explaining here. Throughout this long period (1845-1876), he had controlled the Natives with consummate tact and ability and, on several occasions, undertaken missions of much delicacy and importance to Zululand and elsewhere, invariably with success and credit to the Government. Although his policy, so well known as to be usually referred to as the "Shepstonian policy," has been charged with being one oflaissez faire, the mere absence of war between 1845 and 1906 is eloquent and abundant testimony of its worth. To this day, thousands of Natives deplore the setting aside of such natural and well-tried methods for those more in accordance with European civilization.
One of the consequences of upholding Native law was the introduction of a system of labour known as theisibaloor modified corvée. This system originated about the year 1848, on the occasion of the road between Durban and Pietermaritzburg being in a bad and impassable state. The Lieutenant Governor, in his capacity as Supreme Chief, thereupon called out a party of Natives, who were paid fair wages, to effect the necessary repairs. Owing to certain political excitement, the system was discontinued shortly after 1854, but, on its resumption in 1858, it remained continuously in vogue until 1911, when the Union Government, instead of introducing regulations to correct the prevailing abuses, merely refrained from using the power of requisitioning labourers, which still, however—the people being as uncivilized as they are—rightly exists in the law.
During the Zulu regime, it was customary for the king to call at any time on young men to serve on public works, such as building royal apartments, erecting cattle enclosures, hoeing and weeding crops. Under the new orderof things, the necessary authority being vested in the Supreme Chief, steps were taken, from time to time, to call youths out for service on public works, notably those connected with roads, the difference between the old system and the new being that, whereas in former days Natives received no remuneration whatever for their labour, they were, under European government, paid a fair wage, even though somewhat less, as sometimes happened, than what was obtainable in the open market.
Notwithstanding that excellent and plentiful rations were supplied, and the hours and conditions of labour all that could be desired, theisibalobecame unpopular, owing largely to the favouritism shown, in later years, by Chiefs,[31]and to the ease with which some of these officers were induced to accept bribes from those anxious to be exempted. Abuses of this kind could, of course, have been effectually put a stop to by modifying the system and controlling it with better-framed regulations.
Special mention of theisibalohas been made here because, being unpopular, its systematic enforcement, especially in later days, when many Natives had become educated and capable of earning higher wages than those allowed, may be said to have contributed in some degree to the dissatisfaction with European administration that prevailed prior to the Rebellion. However, it is but fair to remark that, in practice, only one in thirty of those liable and able to work was ever called on in any year, and then for never more than six months at a time. The duty of seeing that individuals were not too frequently enrolled, that they were not physically unfit, and that each of the 238 tribes in Natal proper furnished its right proportion of labourers, devolved on the Native Affairs Department and the Magistrates. These duties were generally discharged in a careful manner, irregularities being checked as soon as they were brought to notice. Owing, however, to changes in conditions of living, the system, originally adapted to a state of pure tribalism, could not be carriedout in all respects with the desired fairness. It called not so much for abolition or discontinuance as for modification, at any rate at that particular time (1910). The practice of exacting labour, within the restricted limits referred to, proved to be a valuable stimulus, especially in earlier days, when the people knew practically nothing about manual work. Boys living in far-off, secluded locations, who would otherwise have devoted their lives to courting girls, drinking beer, and faction fighting, were compelled to go out and work—not on the public roads unless specially ordered to do so, but wherever they chose—and, in so doing, were soon in the position of being able to benefit themselves as well as their parents and relations in ways they had not dreamt of.
After Magistrates had been appointed in different parts, varying considerablyinter sein their knowledge of Zulu habits, customs and language, it was not long before the desirability of preparing for their use a Code of Native law (i.e.an attempt to codify Native tribal law) made itself felt. As matters stood, uniformity in judicial pronouncements was practically impossible. Such uniformity, essential in every community, is especially so among savages, who should at once be impressed with the idea of justice under British rule. The periodical meetings of Magistrates that were convened, were of much assistance in attaining consistency before promulgation of the Code in 1877. On being brought into practice, it was soon found that this Code, though ably drawn, was not sufficiently comprehensive (as a matter of fact, it was never intended to be comprehensive), but it was not until 1893 that a more elaborate instrument was enacted by Parliament. The Code, as then expanded, with sundry later amendments, is still the law by which the great majority of Native conditions of life are regulated. On the whole, the Code and the manner in which it has been administered have given considerable satisfaction to the Natives. At time of writing, it has not been extended to Zululand; to do so may facilitate administration, but it would probably result in disappointment and discontent amongpeople happy enough under the proclamations issued from time to time whilst the territory was under immediate control of the Imperial Government.[32]
In addition to the Magistrates, over forty of whom had, by 1906, been appointed in Natal and Zululand, civil and criminal business of a more important character was dealt with by a Native High Court. This court, now consisting of four Judges, but originally of only one, was first created in 1875, to relieve the Supreme Court of a class of work it was incompetent, and had insufficient time, to deal with.
From what has been said, it is seen that, in 1906, and since 1893, when responsible government was granted, Native affairs were presided over by a Supreme Chief, appointed by the Imperial Government, though bound to conform to the advice of his ministers, except on certain important, rarely-occurring occasions. The portfolio of Native Affairs was held by one of the cabinet ministers, assisted by a permanent Under-Secretary and staff.
The Under-Secretary selected for the post was Mr. S.O. Samuelson. This painstaking officer, with an unsurpassed knowledge of the Zulu language and customs, did a vast amount of useful and varied work under difficult conditions. During his long tenure of office, which extended from 1893 to 1909, there were several changes of ministry and, with each, came a new Minister of Native Affairs, holding views sometimes, as it happened, widely differing from those of his predecessor. It seemed so strange to the Natives to have movable ministers in charge of their affairs, that they tended to focus their attention rather on Mr. Samuelson than on the minister, with the result that the former stood constantly in a false light, as unfair to himself as to the people. This mutation of ministers and frequent introduction of new policies, were radical defects in the Constitution Act of 1893. They opened the door, not only to modifications arising out of the personal predilections of the minister, but, what isfar more important, to those dictated by the party in power for the time being in Parliament. As this party depended on the support of their constituents, needless to say, the latter, with brains ever active in devising solutions of the Native problem, and not unnaturally anxious to promote their own interests, brought pressure, through their members, to bear on highly-placed officials, and, through these, on Magistrates and other established officers, not excluding Native Chiefs—all with the cumulative effect of unsteadying the entire fabric of Native administration and imperilling the general welfare of the people.
After Zululand was annexed to Natal (December, 1897), the office of Resident Commissioner and Chief Magistrate of that territory was converted into one of Commissioner for Native Affairs. Under the Under-Secretary and Commissioner came the Magistrates, the thirty[33]of Natal proper, asex-officioAdministrators of Native law, coming under the former, and the eleven of Zululand under the latter, officer. After the Magistrates came the Chiefs of tribes, 238 in Natal proper,[34]and 83 in Zululand. Salaries and allowances were paid to 227 of the Natal Chiefs,[35]and stipends to seven of those in Zululand.[36]All Chiefs were required to control their tribes in accordance with the tribal system and keep in close touch with the Magistrates of their respective wards.
Some attempt must now be made to describe the tribal or patriarchal system (analogous in many respects to that of the ancient Jews), the very backbone of Native administration and still the most prominent and radical feature of the South African Native population.[37]
Confining attention to the Zulus, we shall begin by observing that they are polygamists and occupy circular huts of beehive formation, invariably constructed of wattles, thatched with grass, and supported inside by poles. Each wife has a hut of her own. There are, especially in larger homesteads or kraals,[38]additional huts for the occupation of young men, storing grain, etc. If, then, a man has four wives, we shall expect to find him in possession of five or six huts. Now, it is universal custom to arrange these huts in circular formation, from which method, indeed, the word "kraal" has evidently been derived. For sanitary reasons, the rule is to select for the kraal-site slightly sloping ground, though, when this is done, the floor of each hut is carefully levelled. At the highest point of the site is built the hut of the head or principal wife, not necessarily the one first married, whilst subsequent wives' huts are placed in a sequence determined by the kraal-owner, who, however, is compelled to act in terms of rigid tribal practice. The intervals between the huts are so regulated as to preserve the symmetry of the kraal as a whole. But, in connection with the circular arrangement referred to, must be considered the indispensable cattle-pen or enclosure, locally known as a cattle-kraal. This, too, is invariably round or oval, the gate being at the lowest, with one or two wickets in the topmost, portion. When it is realized that cattle are given for every woman taken to wife, the close association of cattle and their milk with the huts becomes more intelligible, though the fact of the pen being inside rather than outside the huts as arranged, is possibly also accounted for by the numerous lions, leopards and other beasts of prey that existed before the introduction of firearms, not to refer to human foes.
The cattle handed over by the bridegroom to his bride's father are known aslobolo. For two or more generations it was customary for five, six or seven cattle to be so delivered (afterwards restricted by the Natal Governmentto a number not exceeding ten). This passing of cattle was not, as is commonly supposed, by way of purchase, but as compensation for loss of the girl's services, and, further, as a living and visible guarantee that she would receive proper treatment at the hands of her husband.
The next essential to consider is this. When a young man marries, he either continues for a time in his father's kraal (his wife, of course, having a hut of her own), or moves, along with his mother (if she can be spared), to some site at a distance, approved by the Chief or his representative, and there proceeds to act on the same principles that governed his father's domestic affairs. In time, other sons leave to establish themselves on similar lines. And so, like the pumpkin plant (a favourite simile among the people), the family expands, throwing out fruitful off-shoots here and there, only, in their turn, to do the same.
In the case of Chiefs, the number of wives is frequently beyond a dozen in number, and, in respect of Kings, without limit. Owing to this and other reasons, such as jealousy among the women and rivalry among the male children, it was and is still found convenient to erect different kraals, though on the same general lines as those already outlined.
So much for the domestic side. Let us now glance at the administrative.
The King was assisted by a privy council of some five or six members and a general assembly of non-elected and more or less elderly men. The latter deliberated in public, anyone being permitted to listen to, and even take part in, the proceedings. In view of the fact that the assembly included men of high rank, those of inferior status usually remained silent. But as, when the Rebellion broke out, there was no Native King, it is necessary to confine attention to the actual machinery in vogue at that time.
The King's place had been taken by the Supreme Chief (Governor), whilst the functions of the privy council were discharged by the executive council, and those of theassembly by the Legislative Assembly and Council. It is needless to remark that Native opinion, under such arrangement, where not only the Supreme Chief, but the councils consisted entirely of Europeans, and where no Native council existed at all, except occasional and partially representative gatherings called together by the Magistrates—more to assist the Government in communicating its laws or regulations than to discussing their necessity or suitability—did not find more than apologetic, and the feeblest, expression.
In regard to the various tracts of land specially set apart for Natives, the same tenure was in vogue as had existed under tribal rule from time immemorial. The land was held in common. And this rule applied as much to the Chief as to his humblest followers. There was no such thing as alienation of land; no freehold, no leasehold, no rents. Occupancy depended on good behaviour, together with ready and loyal discharge of all civic and military duties. Considerable care was taken by the Chief, in allotting building and garden sites, not to interfere with the commonage or existing rights. If these arrangements, in the face of an increasing population, were not always judicious, pressure of circumstances had begun to teach lessons, as it does all other nations.
Anything required by the Government to be done was communicated by Magistrates to the Chiefs, whose tribes varied greatly in size. These then passed the order on to responsible headmen—generally conveniently situated in different parts of the ward or wards[39]—who, in their turn, transmitted it to the various individual kraal-owners in their areas. When, on the other hand, anything of importance occurred in a Chief's ward, such as commission of crime or outbreak of disease, it was, under Native law, the duty of the one nearest whose kraal such incident hadhappened, to report to the headman, who, after taking such immediate action as appeared necessary and within his power, sent the intelligence on to the Chief, and so on to the local Magistrate. And it is wonderful with what rapidity these reports were transmitted, notwithstanding that Natives, as a rule, are unable to read or write, and are not possessors of horses or any other means of locomotion. The obligation resting on all, on pain of heavy penalty, to report crime, transformed members of every tribe into an organized and efficient police force. It is owing to this fact that the expenditure of the Colony on account of police was, in earlier years, as surprisingly small as it was.
Among the most important crimes was cattle-stealing. Every kraal-owner in regard to cattle—the greatest of all forms of Native property—was exceedingly vigilant, never allowing a beast to be driven past his kraal unless he knew where it had come from, where it was going to, etc. This principle of "collective responsibility," as it is called, had the effect of preserving order in the tribe and even guaranteeing to every member and the Chief that order would be maintained.
Enough has, perhaps, been said to enable the reader to infer that the position of women was a low one. They could not, except in rare cases, inherit or hold property. Generally speaking, they fell much into the background, and it devolved on them, not only to perform all domestic duties, draw water at the spring or stream and collect firewood, but to cultivate and keep clean the crops as well.
It can also be readily understood that the tribes of Natal and Zululand (whatever may have been their interrelation when Tshaka began his iron rule and the process of welding the nation together), had, in the main—albeit within a couple of centuries—sprung from but three or four parent stocks. It is this universal intermingling of types which, as in England, has gradually evolved a people well-nigh homogeneous and possessing a remarkable degree of solidarity. Although, in 1906, many feuds and differences—some of these dating back two or more generations—existed among many of the tribes, whenanything powerful enough to inflame particular sections occurred, it required but little effort and time to bring on a conflagration of the whole. There is nothing puny or dilatory about a Zulu when he begins to sharpen his assegais and cut shields for war. It will be seen in a later chapter how strained the relations between Natives and Europeans became, and how the black race came to feel that the white man's civilization was oppressing it. With such resentment latent in a million warlike savages, living under such system as has been outlined above, the danger of the tribal system, as well as its meaning, become, perhaps, sufficiently clear; at any rate, for the understanding of the story narrated in these pages. And yet, of all people on this earth, the Zulus are the most respectful, the most amenable to discipline, and the most easily managed—chiefly because of the many excellences inherent in the tribal system.
Having regard to the profound differences in social organization between the Zulus and the British people, differences which, chiefly because of their immense scope and variety, have been but briefly indicated herein, it has, ever since Natal became a British Colony, been a problem of extreme difficulty to devise a method whereby, whilst safeguarding Native interests, their affairs could be managed in a completely satisfactory manner. The elimination of the higher machinery of Native government,e.g.the King and his councils, has imposed on an alien people, animated by vastly different ideals, the duty of controlling present Native progress, if such, in fact, it be. If evidences of imperfect grafting of the Native system of administration into our own have often been conspicuous during the last seventy years, it will surprise no one; nor will anyone be astonished to hear that strong Commissions have been appointed at different times specially to investigate the condition of the Natives. One of these bodies was at work in 1852-3, another in 1882-3, and yet another, in the interest of South African Natives as a whole, in 1902-4. Whatisremarkable is the apparent apathy displayed by the public, its representatives and theGovernment, whenever the result of such investigations and reports thereon are in their hands. Not that the various recommendations should all be adopted, but one would think a little time could be spared to examine the development of a problem, probably greater than all other problems put together, that South Africa will ever be called on to deal with, and to consider seriously if such development is or is not proceeding on sound lines. A further Commission was appointed in 1906, on the conclusion of the Rebellion; it, indeed, fared better, but into the sincere and liberal administrative reconstruction brought about by the Government, it is unnecessary to go at this stage.
In the Constitution Act of 1893, provision was made whereby a sum of £10,000 a year was set apart "for the promotion of the welfare and education of the Natives." More than half this sum was, latterly, placed annually at the disposal of the Education Department for furthering Native education, whilst the balance was applied to other Native purposes, such as industrial training, cottage hospitals, irrigation, dipping tanks (East Coast Fever), and barrack or shelter accommodation. With the increase of Native population from 500,000 in 1893 to 945,000 in 1906,[40]this sum soon became inadequate, particularly when regard is had to the fact that the beneficiaries have contributed, on the average, about £250,000 per annum in direct taxation since the annexation of Zululand to Natal.
In addition to this contribution, however, the Government, as long ago as 1862, began making extensive grants of land upon trust to missionary societies, "that the same might be used for missionary work amongst the Natives by the ecclesiastical or missionary bodies named in the several deeds of grant."[41]By 1887 (the date of the last), seventeen of these reserves, aggregating 144,192 acres of the best agricultural land, had been so set apart.Numerous other, for the most part, smaller blocks have since been granted in Zululand. By way of still further assisting these societies, Parliament, in 1903, passed an Act transferring the administration of the trusts to the Natal Native Trust[42]and authorizing this body to charge rent from Natives living on the reserves.[43]One half of these monies was to be handed over to the missionaries for purposes of Native education and industrial training. It was not feasible to adopt such course in respect of the Zululand lots. Thus the education and general welfare of the people was promoted directly as well as indirectly.
Difficulty has always been experienced by the Government in inducing the people to take up industrial pursuits. On more than one occasion, large sums of money were voted and spent in erecting suitable buildings and providing instructors, but all to no purpose. Lack of enterprise on the part of the Natives was also exhibited in the matter of tree-planting, even when necessary for fuel, and this as to areas in regard to which they had every reason for thinking their occupancy would continue undisturbed for many years.
There are other directions in which difficulty has been met with when striving to promote material development. In some instances, disinclination to adopt European ideas is due to almost ineradicable superstitious notions.
Although Native law is in force in Natal, the Government, many years ago, foresaw the necessity of enabling individuals who had shown a disposition to adopt civilized habits, to obtain exemption therefrom. A law affording facilities, but, in practice, not free from difficulty, was accordingly passed in 1865.[44]Many men, women and children have availed themselves of its provisions.[45]Itwas also foreseen that these people, according as they conformed to civilized conditions of life, would stand in need of means whereby their voice could be given expression to. Hence, the passing of the law[46]under which a male Native, who has been resident in the Colony for a period of twelve years, who has the necessary property qualification, and has been exempted from the operation of Native law for a period of seven years, is entitled to be registered as a qualified elector in the district in which he possesses property qualification. In practice, but little advantage had been taken of this law. This tends to show that the Nativeper sehas no special desire to obtain European franchise.
There are two disabilities all classes of Natives suffer from, viz. the impossibility of possessing firearms, except with the special consent of Government, and of obtaining European liquor, except on the production of a medical certificate.