Article138.—The territory of the State is for these purposes of government divided into districts, to which belong divisions and towns or villages. Changes in the division of districts or wards take place according to Article 96.
Article139.—Each district is governed by a Landrost,assisted by such officials as shall be joined to him by the law. The Commandants and Field-Cornets of the division are, as far as those purposes of government are concerned, under the orders of the aforesaid civil servants.
Article140.—District Council and town or village boards can be established where the population so desires. At the head of each district is a Landrost, who isex-officiochairman of the District Council, to be chosen by the burghers of the district, consisting of as many members as there are field-cornetcies.
Article141.—To the District Councils is entrusted the care of the public roads and other public works in the district, besides all other matters conferred on them by law.
Article142.—With the exception of the salaries fixed by law, all costs of the district board are borne by the district itself. Yearly an estimate for that purpose composed of expenses and income is fixed by the District Council, and sent up to the Executive Council for ratification. Each year similarly account is rendered for the past civil year, which is closed by the District Council, and sent up to the Executive Council for final ratification.
The District Council shall receive the ratification of the Volksraad beforehand before the raising of any tax.
Article143.—At the head of each town or village government recognized as such by the law stand a burgomaster and a council of six or eight members, according to the population.
All costs for the defraying of this local administration are borne by each place. Before the raising of any tax by a town or village board the ratification of the law is requisite.
For the local estimate and accounts the same rules hold good as fixed in the preceding articles for those of a district.
Article144.—All publications are published in theStaats Courantand made public by the Field-Cornets in theirdivisions by calling the inhabitants of those divisions together.
Article145.—All officials are obliged to answer as soon as possible the official letters received by them, and to deal with their contents.
Article146.—The Field-Cornet shall keep an exact register of all new inhabitants who come in their division; of all changes or removals of the inhabitants elsewhere; of all deaths taking place among them; and of all male persons who have reached the age of sixteen years.
Article147.—All small traders who enter this territory shall not trade until they are provided with a license, which has been obtained at one of the Landrost's offices, and signed by the Landrost.
Article148.—It shall not be permitted that newly-arrived persons should settle in any uninhabited districts in this Republic without the knowledge and permission of the Government of this State.
Article149.—Where such is not entrusted to a town or village council, the Landrosts are charged with the duty of overseeing a town or village, together with all subordinate functions, so that everything may take place in regular order.
Article150.—The income of the State and taxes of the inhabitants are regulated by the law.
Article151.—All farms and grounds of the inhabitants are guaranteed by the Government as fixed property, with the right reserved to the Government to lay down a public road for the use of the inhabitants over such farms when it is demanded.
Article152.—All who, living outside of the Republic, possess uninhabited ground or farms in this Republic shall pay for each farm as long as it is uninhabited a double tax yearly.
Article153.—The tax for each "erf" in the towns shall be regulated by the law; and no money for water rights shall be exacted from the public.
Article154.—All surveyed or inspected farms must on sale be conveyed within the period of six months, and the proprietary due (heerenrecht) be paid within the period of six months; in case of neglect to comply with above, after the promulgation of this law, the proprietary due shall be double. The ground is conveyed from the first owner.
Article155.—The taxes to be paid by the people, where no other officials are appointed by law, are paid at the office of the Landrosts of the districts.
Article156.—All uninspected farms which are under application must be inspected as soon as possible.
Article157.—Every one who owns property and chooses to do so, shall, besides the inspectors, be able to make use of a surveyor, for the surveying and charting of his ground.
Article158.—No civil servant shall have the right to defend cases before the courts of law except for himself.
Article159.—All earlier laws and resolutions in conflict with the contents of these laws are altogether suspended.
S.J.P. Kruger,President.C. Van Boeschoten,Acting Secretary of State.
Government Offices,Pretoria, 19th November, 1889.
Article1.—The legislative power shall rest with a representation of the people, which shall consist of a First Volksraad and a Second Volksraad.
Article2.—The First Volksraad shall be the highest authority in the State, just as the Volksraad was before this law came into operation.
The First Volksraad shall be the body named the Volksraad until this law came into operation. From the period of this law coming into operation, the name of that body shall be altered from the Volksraad to the First Volksraad. The persons forming that body as members shall, however, remain the same, only they shall from the said period be named members of the First Volksraad instead of members of the Volksraad.
All laws and resolutions having reference to the Volksraad and the members thereof shall remain in force and apply to the First Volksraad and the members thereof, except in so far as a change is or shall be made by this and later laws.
Article3.—The First and the Second Volksraad meet at least once a year.
This ordinary meeting is opened in a united session on the first Monday in the month of May, under the Presidency of the Chairman of the First Volksraad. Extraordinary meetings can be summoned by the President as often as he judges it necessary in the interest of the country.
Article4.—The number of the members of the Second Volksraad shall be the same as of the First Volksraad. This number shall be fixed later by the First Volksraad for both Volksraads.
Article5.—Each member of either of the two Volksraads takes the following oath on accepting his office of dignity before the Chairman:—
"As elected as member of the First (or Second) Volksraad of the representation of the people of this Republic, I declare, promise, and swear solemnly that I have neither made nor promised present to anyone to reach this honour, that I shall be faithful in this office of dignity to the people and its independence, that I shall behave according to the Constitution and other laws of this Republic, according tothe best of my knowledge and conscience, and that I shall always aim at the furtherance of the happiness and prosperity of the inhabitants in general."
Article6.—The manner of election of the members of the Second Volksraad shall be the same as that of the members of the First Volksraad.
Article7.—The members of the Second Volksraad shall enjoy the same allowance as the members of the First Volksraad, and have the same obligations with regard to informing their electors of their laws and resolutions.
Article8.—The members of the Second Volksraad are chosen for the period of four years.
In the first ordinary session of the Second Volksraad it shall be decided by lot which members shall belong to that half which must resign already after the lapse of the first two years.
Article9.—The members of the First Volksraad are chosen by those enfranchised burghers who have obtained the burgher right, either before this law came into operation, or thereafter by birth, and have reached the age of sixteen years.
The franchise for the First Volksraad can besides also be obtained by those who have during ten years been eligible for the Second Volksraad, by resolution of the First Volksraad, and according to rules to be fixed later by law.
Article10.—The members of the Second Volksraad are chosen by all enfranchised burghers who have reached the age of sixteen years.
Article11.—No one is allowed to offer himself for election for both Volksraads, or in more districts or election divisions than one at the same time.
Article12.—The members of the Volksraad may not stand to one another in the relation of father and son or stepson.
Article13.—No military officer or official who enjoysa fixed yearly or monthly salary, as such, may offer himself for election as member of either Volksraad.
Article14.—No coloured person or bastard, nor persons of public bad conduct, or those who have had a discreditable criminal sentence passed on them, nor any non-rehabilitated bankrupts or insolvents whatsoever shall be eligible as members of either Volksraad.
Article15.—To be able to take a seat as member of the First Volksraad, he who has been lawfully chosen must be thirty years old, and member of a Protestant church, live in the Republic, have obtained fixed property there and the burgher right, either before this law came into operation, or thereafter by birth, or have obtained the franchise for the First Volksraad according to Sub-section 2 of Article 9.
Article16.—To be able to take a seat as member of the Second Volksraad, he who has been lawfully chosen must be thirty years old, have been enfranchised burgher during the two immediately preceding years, be a member of a Protestant church, live in the Republic, and have fixed property there.
Article17.—Each Volksraad chooses its own chairman from among its own members.
Article18.—Each Volksraad appoints, from outside its members, its own secretary on proposal of the Executive Council.
Article19.—Each Volksraad shall have to judge if elections and the qualifications of its own members are according to law.
Article20.—Each Volksraad shall establish its own arrangement of order, shall regulate the process of its transactions, and the power of the Chairman shall be defined by itself.
Article21.—The President and the members of the Executive Council shall sit in both Volksraads, with right to take part in the discussions, but without a vote.
Article22.—The quorum of both the First and the Second Volksraad shall consist of twelve members. If there is no quorum present in the Second Volksraad, its secretary shall at once give notice of the same to the First Volksraad.
Article23.—The sessions of both Volksraads shall be held in public, unless the majority in special cases resolve to revoke the publicity.
Article24.—Each Volksraad shall keep minutes of its transactions. It shall have these published regularly in theStaats Courant, except the notes of the secret sittings, which shall only be partly published with the consent of the First Volksraad.
Article25.—Each Volksraad has the right to punish its own members for disorderly conduct. Each Volksraad has, in addition, the right to suspend a member with two-thirds of the votes given.
Article26.—A period of three months shall be left to the people to enable those who so wish to express their judgment of a proposed law to the Volksraads, except those laws which can suffer no delay.
Article27.—The Second Volksraad shall have the power to pass further regulations on the following subjects as is necessary, either by law or resolution:—
(1) The department of mines.
(2) The making and support of wagon and post roads.
(3) The postal department.
(4) The department of telegraphs and telephones.
(5) The protection of inventions, samples and trademarks.
(6) The protection of the right of the author.
(7) The exploitation and support of the woods and salt-pans.
(8) The prevention and coping with contagious diseases.
(9) The condition, the rights, and obligations of companies.
(10) Insolvency.
(11) Civil procedure.
(12) Criminal procedure.
(13) Such other subjects as the First Volksraad shall decide later by law or resolution, or the First Volksraad shall specially refer to the Second Volksraad.
Article28.—All laws or resolutions accepted by the Second Volksraad are as soon as possible, that is to say at the outside within forty-eight hours, communicated both to the First Volksraad and to the President.
Article29.—The President has the right, when he has received notice from the Second Volksraad of the adoption of a law or a resolution, to bring that law or resolution before the First Volksraad for consideration within fourteen days after the receipt of such notice. The President is in any case bound, after the receipt of such a notice, to communicate it to the First Volksraad within the said time.
Article30.—If the President has not brought the law or resolution as communicated before the First Volksraad for consideration, and the First Volksraad has not on its own part thought it necessary to take said law or resolution into consideration, the President shall, unless with the advice and consent of the Executive Council he thinks it undesirable in the interests of the State, be bound to have that law or resolution published in the first succeeding Volksraad, unless within the said fourteen days the First Volksraad may be adjourned, in which case the publication in theStaats Courantshall take place after the lapse of eight days from the commencement of the first succeeding session of the First Volksraad.
Article31.—The law or resolution adopted by the Second Volksraad shall have no force, unless published by the President in theStaats Courant.
Article32.—The legal effect of a law or resolution published by the President in theStaats Courantmay not be questioned, saving the right of the people to make memorials about it.
Article33.—This law comes into operation two months after publication in theStaats Courant.
S.J.P. Kruger,President.Dr. W.J. Leyds,Secretary of State.
Government Offices,Pretoria, 23rd June, 1890.
Whereas, It has appeared desirable to amend and amplify certain provisions of the laws with reference to naturalization and the obtaining of the full franchise; and
Whereas, These amendments will not permit of delay by being published three months beforehand in terms of Article 12 of the Grondwet, and as they have already been accepted by the people in principle; it is hereby enacted that:
Article1.—Each white male stranger, who has reached the age of sixteen years, and who settles or has settled in the South African Republic with the intention of residing there, shall in future be able to obtain letters of naturalization, provided that he fulfills the following provisions and enactments—
(a) The applicant shall produce a certificate from the Field-Cornet and the Landrost of his ward and district, countersigned by the Commandant of the district, to show that he was, during the time—required in his case—preceding the naturalization, continually registered on the Field-Cornet's list; was during this time domiciled in the South African Republic; and during this time obeyed the laws of the land and committed no crime against the independence of the South African Republic.
If the Field-Cornet and Landrost are not from their personal knowledge able to grant such certificate, they shall do so on the strength of affidavits of the applicant and two well known, fully enfranchised burghers of the ward and district, declaring that the applicant has, during the necessary period,been domiciled in the South African Republic, and has during that time obeyed the laws of the land, and has committed no crime against the independence of the South African Republic.
If the Field-Cornet and Landrost and Commandant refuse to grant such certificate or to sign it, the applicant may appeal to the Executive Council.
If the Field-Cornet's books are destroyed or lost the applicant shall prove to the satisfaction of the State Secretary and State Attorney, by means of affidavits, that he was registered.
(b) The applicant shall produce a sworn declaration made by himself to the effect that he has had no dishonouring sentence passed on him, and shall produce further proof of good behavior.
By dishonouring sentence shall be understood a sentence for the crimes of high treason, murder, rape, theft, fraud, perjury, or forgery.
(c) The applicant shall produce proof that he possesses unmortgaged fixed property to the value of £150, or pays rent to the amount of £50 per annum, or draws a fixed salary or wage of £100 per annum, or makes an independent living by farming or cattle-breeding.
(d) The person desiring to be naturalized shall, before the official granting of the letters of naturalization, take the following oath, by which he will be understood to renounce and give up all burgher rights enjoyed in and burgher duties and subjection to any State or ruler:
"I swear (or I solemnly declare that the taking of an oath is not permitted by my religion, and promise), faithfully in all righteousness, and in terms of Law No. ____, of 1899, with which I declare to be acquainted, that I shall be loyal to this State, shall honour and support its independence, shall subject myself to the Grondwet and the lawful authorities of the land, and shall in all respects conduct myself as it behooves a loyal burgher of this State. So truly help me God—or that I solemnly promise."
Before a person who has already been naturalized is admitted to the full franchise, he shall, when he makes application therefor, besides fulfilling the other requirements of this Law, again produce proof of fulfilment of the provisions and enactments of Sectionsa,bandc.
No person shall be entitled to or be allowed to obtain letters of naturalization or full franchise unless he has fulfilled the aforementioned provisions, with the exception of cases for which this or any other Law makes special provision.
Article2.—Each person who comes or has come to the South African Republic to stay shall, after at least two years, and after fulfillment of the provisions of Article 1, be able to obtain letters of naturalization, and shall, at least five years after naturalization, be able to obtain the full franchise, provided that in both instances, six months before the expiration of the fixed period, he gives written notice of his intention to apply therefor to the State Secretary through the Field-Cornet and Landrost of his ward and district.
The Field-Cornet shall be bound, under pain of a fine of not more than £10 in each case of neglect, to send this notice to the State Secretary through the Landrost as soon as possible, and at the most within thirty days of the sending in thereof, for publication in theStaats Courantfor general information, and the State Secretary shall without loss of time publish such notice three consecutive times in theStaats Courant.
Article3.—Each person who comes or has come into the South African Republic to stay shall, at least seven years after sending in to the Field-Cornet a notice of his intentionto be naturalized, in accordance with the form contained in Schedule A, be able to obtain letters of naturalization with the full franchise on fulfilling the provisions of Article 1.
Such notice shall be sent by the Field-Cornet to the State Secretary and be published by him, all under the same provision and punishment as set forth in the foregoing article.
If the person desires to obtain letters of naturalization with full franchise after seven years, he shall also, at least six months before the expiration of the period, give written notice to the State Secretary, the Field-Cornet and Landrost of his ward and district.
This notice shall also be sent to the State Secretary by the Field-Cornet, and the latter shall publish it in theStaats Courant, all under the same provision and punishment as set forth in Article 2.
The applicant shall then, on application for the letters of naturalization with full franchise, further give proof that he has sent in the notice, in accordance with the form of Schedule A, mentioned in the first paragraph of this article, for proof of which it will be sufficient to produce a copy of theStaats Courantin which the notice was published.
Article4.—Each person who has come to the South African Republic to stay before the coming into force of this Law shall, on fulfilment of the provisions of Article 1, be able to obtain letters of naturalization at least seven years after his coming into the country.
In case the applicant is not entitled to the full franchise six months after the coming into force of this Law, he shall give proof that he, within six months after the coming into force of the Law sent to the Field-Cornet of his ward a written notice of his intention to become naturalized.
If he neglect to send in this notice, in accordance with the form contained in Schedule A, or if he does not produce the certificate mentioned in Article 1, Sectiona, the applicant shall not be entitled to the full franchise in terms of this Article, but only in terms of Articles 2 and 3.
Such notice shall be sent by the Field-Cornet to the State Secretary, and the latter shall publish the same in theStaats Courant, all under the same provisions and punishment as set forth in Article 2.
If he is naturalized after this Law comes into force, he may obtain the full franchise after five years from the date of his naturalization, and, if he chooses, in accordance with the provisions of paragraph 1 of this Article.
Article5.—Nothing provided in this Law shall prevent the Executive Council from granting letters of naturalization with or without the full franchise to persons who take a position in the service of the country, or have rendered services to the country, or who have in any other respect rendered themselves of service to the country, although in their case they have not fulfilled the provisions of the Law provided that they take the oath in accordance with Article 1.
Article6.—Youths not born in the State, and whose fathers have obtained letters of naturalization or full franchise before they (the youth) had reached the age of sixteen years, have the same franchise as their father.
Youths born in this State, whose fathers were neither naturalized nor had the full franchise, may be naturalized at their sixteenth year by taking the oath mentioned in Article 1, and may, five years after that, obtain the full franchise by fulfilling the provisions mentioned in Article 1, Sectionsaandb. They shall also, on their sixteenth year, by giving notice as contained in Schedule A, be able to obtain the full franchise five years thereafter, on fulfillment of the provisions contained in Article 1, Sectionsa,bandd.
Article7.—The application for naturalization and the full franchise must be sent with the necessary proofs to the State Secretary by the Field-Cornet, through the Landrost, and the latter shall refer these to the State Attorney, who shall send them back to the State Secretary with his advice. If the State Secretary and State Attorney have no legal objection to the granting of the letter of naturalization or fullfranchise, then this shall be granted. If there is any objection, the Executive Council shall decide.
The letters of naturalization and full franchise shall be signed by the State Secretary and State Attorney. The State Secretary shall cause the letters of naturalization and full franchise to be granted by an official appointed for that purpose, and cause the necessary oath of naturalization to be taken before this official.
The letters of naturalization shall bear a stamp of £2 sterling; the granting of the full franchise to persons who are already naturalized shall be free of cost.
Article8.—No person who is not considered as a white inhabitant of the South African Republic shall obtain the franchise, in accordance with Article 9 of the Grondwet.
Article9.—All laws and provisions, in so far as they are in conflict with this Law, are hereby repealed.
Article10.—This Law comes into force immediately after publication in theStaats Courant.
S.J.P. Kruger,State President.F.W. Reitz,State Secretary.
Government Buildings,Pretoria, July 26, 1899.
I ___________________ at present resident at ______________ in the South African Republic, formerly residing at ________________ in _____________ whose occupation is __________ desiring to reside for good in the South African Republic, hereby give notice that I, _______ years from date, will make application for letters of naturalization with the full franchise, and declare that I am acquainted with the duties imposed on me by Law No. ____, 1899, to obey the laws and commit no crime against the independence of the South African Republic.
British Agent to South African Republic, August 2, 1899.
Her Majesty's Government authorize me to invite President of South African Republic to appoint delegates to discuss with delegates to be appointed by me on behalf of Her Majesty's Government, whether Uitlander population will be given immediate and substantial representation by franchise law recently passed by Volksraad, together with other measures connected with it, such as increase of seats, and, if not, what additions or alterations may be necessary to secure that result. In this discussion it should be understood that the delegates of Her Majesty's Government would be free to make any suggestions calculated to improve measures in question and secure their attaining the end desired. Personally I wish to add the expression of my earnest hope that Government of South African Republic may accept this proposal, and that we may proceed to discuss the composition of the proposed Commission, method of procedure, and place of meeting, at once. Government of South African Republic will, I feel sure, agree with me that, if proposal of Her Majesty's Government is accepted, the inquiry should be held as soon as possible.
F.W. Reitz to British Agent.
19th August.
Sir, With reference to your proposal for a joint enquiry in your dispatches of the 2nd and 3rd August, Government of South African Republic have the honour to suggestthe following alternative proposal for consideration of Her Majesty's Government, which this Government trusts may lead to a final settlement: (1) The Government are willing to recommend to the Volksraad and the people a 5 years' retrospective franchise, as proposed by His Excellency the High Commissioner on the 1st June, 1899. (2) The Government are further willing to recommend to the Volksraad that 8 new seats in the First Volksraad, and, if necessary, also in the Second Volksraad, be given to the population of the Witwatersrand, thus with the 2 sitting members for the Goldfields, giving to the population thereof 10 representatives in a Raad of 36, and in future the representation of the Goldfields of this Republic shall not fall below the proportion of one-fourth of the total. (3) The new burghers shall equally with the old burghers be entitled to vote at the election for State President and Commandant-General. (4) This Government will always be prepared to take into consideration such friendly suggestions regarding the details of the Franchise Law as Her Majesty's Government, through the British Agent, may wish to convey to it. (5) In putting forward the above proposals Government of South African Republic assumes: (a) That Her Majesty's Government will agree that the present intervention shall not form a precedent for future similar action and that in the future no interference in the internal affairs of the Republic will take place. (b) That Her Majesty's Government will not further insist on the assertion of the suzerainty, the controversy on the subject being allowed tacitly to drop. (c) That arbitration (from which foreign element other than Orange Free State is to be excluded) will be conceded as soon as the franchise scheme has become law. (6) Immediately on Her Majesty's Government accepting this proposal for a settlement, the Government will ask the Volksraad to adjourn for the purpose of consulting the people about it, and the whole scheme might become law say within a few weeks. (7) In the meantime the form andscope of the proposed Tribunal are also to be discussed and provisionally agreed upon, while the franchise scheme is being referred to the people, so that no time may be lost in putting an end to the present state of affairs. The Government trust that Her Majesty's Government will clearly understand that in the opinion of this Government the existing franchise law of this Republic is both fair and liberal to the new population, and that the consideration that induces them to go further, as they do in the above proposals, is their strong desire to get the controversies between the two Governments settled, and further to put an end to present strained relations between the two Governments and the incalculable harm and loss it has already occasioned in South Africa, and to prevent a racial war from the effects of which South Africa may not recover for many generations, perhaps never at all, and therefore this Government, having regard to all these circumstances would highly appreciate it if Her Majesty's Government, seeing the necessity of preventing the present crisis from developing still further and the urgency of an early termination of the present state of affairs, would expedite the acceptance or refusal of the settlement here offered.
21st August.
Sir, In continuation of my dispatch of the 19th instant, and with reference to the communication to you of the State Attorney this morning, I wish to forward to you the following in explanation thereof, with the request that the same may be telegraphed to His Excellency the High Commissioner for South Africa, as forming part of the proposals of this Government embodied in the above-named dispatch: (1) The proposals of this Government regarding question of franchise and representation contained in that dispatch must be regarded as expressly conditional on Her Majesty's Government consenting to the points set forth in paragraph 5 of the dispatch, viz.: (a) In future not to interfere in internalaffairs of the South African Republic. (b) Not to insist further on its assertion of existence of suzerainty. (c) To agree to arbitration. (2) Referring to paragraph 6 of the dispatch, this Government trusts that it is clear to Her Majesty's Government that this Government has not consulted the Volksraad as to this question and will only do so when an affirmative reply to its proposals has been received from Her Majesty's Government.
In reply to the above proposals of the South African Republic, the Secretary of State for the Colonies declared Great Britain "unable to appreciate the objections entertained by the Government of the South African Republic to a Joint Commission of Inquiry," and refused to enter into a consideration of the alternative proposals of the South African Republic.
As a consequence of this refusal, the South African Republic communicated to Great Britain that the "proposal for a five years' franchise and extension of representation of the Witwatersrand with the conditions attached thereto" had lapsed, whereby also lapsed the necessity of laying it before the representatives of the people for ratification.
During the month of September following, the negotiations failed to produce any agreement, and matters remained in this unsatisfactory state until, on October 9, 1899, the ultimatum of President Kruger brought affairs to an actual crisis.
The Government of the South African Republic feels itself compelled to refer the Government of Her Majesty the Queen of Great Britain and Ireland once more to the Convention of London, 1884, concluded between this Republic and the United Kingdom and which in its XIVth Article secures certain specified rights to the white population of this Republic, namely, that "All persons, other than natives, conforming themselves to the laws of the South African Republic (a) will have full liberty, with their families, to enter, travel, or reside in any part of the South African Republic; (b) they will be entitled to hire or possess houses, manufactories, warehouses, shops, and premises; (c) they may carry on their commerce either in person or by any agents whom they may think fit to employ; (d) they will not be subject, in respect of their persons or property, or in respect of their commerce or industry, to any taxes, whether general or local, other than those which are or may be imposed upon citizens of the said Republic." This Government wishes further to observe that the above are only rights which Her Majesty's Government have reserved in the above Convention with regard to the Uitlander population of this Republic and that the violation only of those rights could give that Government a right to diplomatic representations or intervention while, moreover, the regulation of all other questions affecting the position or the rights of the Uitlander population under the above-mentioned Convention is handed over to the Government and the representatives of the people of the South African Republic. Amongst the questions the regulation of which falls exclusively within the competence of the Government and of the Volksraad, are included thoseof the franchise and representation of the people in this Republic, and although thus the exclusive right of this Government and of the Volksraad for the regulation of that franchise and representation is indisputable, yet this Government has found occasion to discuss in a friendly fashion the franchise and the representation of the people with Her Majesty's Government, without, however, recognizing any rights thereto on the part of Her Majesty's Government. This Government has also, by the formulation of the now existing Franchise Law and the Resolution with regard to representation, constantly held these friendly discussions before its eyes. On the part of Her Majesty's Government, however, the friendly nature of these discussions has assumed a more and more threatening tone, and the minds of the people in this Republic and in the whole of South Africa have been excited and a condition of extreme tension has been created, while Her Majesty's Government could no longer agree to the legislation respecting franchise and the Resolution respecting representation in this Republic, and finally, by your note of 25th September, 1899, broke off all friendly correspondence on the subject, and intimated that they must now proceed to formulate their own proposals for a final settlement, and this Government can only see in the above intimation from Her Majesty's Government a new violation of the Convention of London, 1884, which does not reserve to Her Majesty's Government the right to a unilateral settlement of a question which is exclusively a domestic one for this Government and has already been regulated by it.
On account of the strained situation and the consequent serious loss in and interruption of trade in general which the correspondence respecting the franchise and representation in this Republic carried in its train, Her Majesty's Government have recently pressed for an early settlement and finally pressed, by your intervention, for an answer within forty-eight hours (subsequently somewhat modified) to yournote of the 12th September, replied to by the note of this Government of the 15th September, and your note of the 25th September, 1899, and thereafter further friendly negotiations broke off and this Government received the intimation that the proposal for a final settlement would shortly be made, but although this promise was once more repeated no proposal has up to now reached this Government. Even while friendly correspondence was still going on an increase of troops on a large scale was introduced by Her Majesty's Government, and stationed in the neighborhood of the borders of this Republic. Having regard to occurrences in the history of this Republic which it is unnecessary here to call to mind, this Government felt obliged to regard this military force in the neighborhood of its borders as a threat against the independence of the South African Republic, since it was aware of no circumstances which could justify the presence of such military force in South Africa and in the neighborhood of its borders. In answer to an inquiry with respect thereto, addressed to His Excellency the High Commissioner, this Government received, to its great astonishment, in answer, a veiled insinuation that from the side of the Republic (van Republikeinsche zyde) an attack was being made on Her Majesty's Colonies and at the same time a mysterious reference to possibilities whereby it was strengthened in its suspicion that the independence of this Republic was being threatened. As a defensive measure it was therefore obliged to send a portion of the burghers of this Republic in order to offer the requisite resistance to similar possibilities. Her Majesty's unlawful intervention in the internal affairs of this Republic in conflict with the Convention of London, 1884, caused by the extraordinary strengthening of troops in the neighborhood of the borders of this Republic, has thus caused an intolerable condition of things to arise whereto this Government feels itself obliged, in the interest not only of this Republic but also of all South Africa, to make an end as soon as possible, and feelsitself called upon and obliged to press earnestly and with emphasis for an immediate termination of this state of things and to request Her Majesty's Government to give it the assurance
(a) That all points of mutual difference shall be regulated by the friendly course of arbitration or by whatever amicable way may be agreed upon by this Government with Her Majesty's Government.
(b) That the troops on the borders of this Republic shall be instantly withdrawn.
(c) That all reinforcements of troops which have arrived in South Africa since the 1st June, 1899, shall be removed from South Africa within a reasonable time, to be agreed upon with this Government, and with a mutual assurance and guarantee on the part of this Government that no attack upon or hostilities against any portion of the possessions of the British Government shall be made by the Republic during further negotiations within a period of time to be subsequently agreed upon between the Governments, and this Government will, on compliance therewith, be prepared to withdraw the armed burghers of this Republic from the borders.
(d) That Her Majesty's troops which are now on the high seas shall not be landed in any port of South Africa.
This Government must press for an immediate and affirmative answer to these four questions, and earnestly requests Her Majesty's Government to return such an answer before or upon Wednesday the 11th October, 1899, not later than 5 o'clock p.m., and it desires further to add that in the event of unexpectedly no satisfactory answer being received by it within that interval it will with great regret be compelled to regard the action of Her Majesty's Government as a formal declaration of war, and will not hold itself responsible for the consequences thereof, and that in the event of any further movements of troops taking placewithin the above-mentioned time in the nearer directions of our borders this Government will be compelled to regard that also as a formal declaration of war.
October 10, 1899.
Her Majesty's Government have received with great regret the peremptory demands of the Government of the South African Republic conveyed in your telegram of 9th October, No. 3. You will inform the Government of the South African Republic, in reply, that the conditions demanded by the Government of the South African Republic are such as Her Majesty's Government deem it impossible to discuss.
Resolution of Orange Free State, September 27, 1899.
The Volksraad, having heard the second paragraph of His Honor's opening speech and the official documents and correspondence relating thereto which have been handed in, having regard to the strained state of affairs in South Africa which have arisen in consequence of the differences between the Governments of South African Republic and Her Britannic Majesty, which constitute a threatening danger for bringing about hostilities, the calamitous effect of which would be incalculable for all white inhabitants of South Africa, being bound to the South African Republic by the closest bonds of blood and alliance and standing in most friendly relations towards Her Majesty's Government, fearing that should a war break out a hatred would be generated between the European races in South Africa, which still in the far future will impede and restrain the peaceful development of all States and Colonies of South Africa, being sensible that serious obligations rest on the Volksraad to do all that is possible to prevent the shedding of blood, considering that in the course of negotiations with the British Government which have extended over several months, every endeavor has been made by the Government of the South African Republic at a peaceful settlement of the differences which have been brought forward by Uitlanders in the South African Republic and which have been adopted as its own cause by the Government of Her Majesty, which endeavors, unfortunately, have only had the result that British troops have been concentrated on the border of the South African Republic and are still continually being reinforced:
"Resolves to instruct the Government still further to do everything in its power to preserve and establish peace and to contribute by peaceful methods towards the solution of the existing differences, always provided that it can be brought about without injury to the honour and independence of this State or of the South African Republic, and wishes unmistakably to declare its opinion that there exists no cause for war and that if a war is now begun or occasioned by Her Majesty's Government against South African Republic, this would morally be a war against the whole of white population of South Africa and would in its results be calamitous and criminal; and further, that Orange Free State will honestly and faithfully observe its obligations towards South African Republic arising out of the political alliance between the two Republics, whatever may happen."
Sir Alfred Milner to President Steyn, October 11, 1899.
In view of resolution of Volksraad of Orange Free State communicated to me in Your Honour's telegram of 27th September, I have the honour to request that I may be informed at Your Honour's earliest possible convenience whether this action on the part of the South African Republic has Your Honour's concurrence and support.
President of Orange Free State to Sir Alfred Milner, October 11, 1899.
I have the honour to acknowledge Your Excellency's telegrams of this evening. The high-handed and unjustifiable policy and conduct of Her Majesty's Government in interfering in and dictating in the purely internal affairs of South African Republic, constituting a flagrant breach of the Convention of London, 1884, accompanied at first by preparations, and latterly followed by active commencement of hostilities against that Republic, which no friendly and well-intentioned efforts on our part could induce Her Majesty's Government to abandon, constitute such an undoubted and unjust attack on the independence of the South African Republic that no other course is left to this State than honourably to abide by its Conventional Agreements entered into with that Republic. On behalf of this Government, therefore, I beg to notify that, compelled thereto by the action of Her Majesty's Government, they intend to carry out the instructions of the Volksraad as set forth in the last part of the Resolution referred to by Your Excellency.
Chapter I.—Citizenship.
SectionI.—How Citizenship is Obtained.
1. Burghers of the Orange Free State are:
(a) White persons born from inhabitants of the State both before and after 23 February, 1854.
(b) White persons who have obtained burgher-right under the regulations of the Constitution of 1854 or the altered Constitution of 1866.
(c) White persons who have lived a year in the State and have fixed property registered under their own names to at least the value of £150.
(d) White persons who have lived three successive years in the State and have made a written promise of allegiance to the State and obedience to the laws, whereupon a certificate of citizenship (burghership) shall be granted by the Landrost of the district where they have settled.
(e) Civil and judicial officials who, before accepting their offices, have taken an oath of allegiance to the State and its laws.
SectionII.—How Citizenship is Lost.
Citizenship in the Orange Free State is lost by:
(a) Obtaining citizenship in a foreign country.
(b) Taking service without consent of the President in foreign military service, or accepting commission under a foreign government.
(c) Fixing one's residence outside the country with an evident intention of not returning to this State. This intention shall be considered to be expressedwhen a man settles in a foreign country longer than two years.
Chapter II.—Burgher Service.
2. All burghers as soon as they have reached the full age of 16 years, and all who have obtained burgher-right at a later age, are obliged to have their names inscribed with the Field-Cornet, under whom they have their place of residence, and are subject to burgher service to the full age of 60 years.
Chapter III.—Qualifications of those Entitled to Vote.
3. All burghers who have reached the age of 18 years are qualified to exercise the right of voting for the election of Field-Commandants and Field-Cornets.
4. All burghers of full age are qualified for the election of members of the Volksraad and of the President:
(a) Who have been born in the State.
(b) Who have unburdened fixed property under their names to the value of at least £150.
(c) Who are hirers of fixed property, which has at least a yearly rent of £36.
(d) Who have at least a fixed yearly income of £200.
(e) Who are owners of movables to a value of at least £300, and have lived at least three years in the State.
Chapter IV.—Duties and Powers of the Volksraad.
5. The highest legislative power rests with the Volksraad.
6. This Council (Raad) shall consist of a member for each Field-Cornetcy of the various districts, and of a member for each principal town of a district. This Council is chosen by majority of votes by the enfranchised inhabitants of each ward of each principal town of a district.
7. Every burgher is eligible as member of the Volksraad, who has never been declared guilty of crime by any jury,nor been declared bankrupt or insolvent, his residence being within the State, has reached an age of at least 25, who also possesses fixed property of at least £500 in value.
8. A member of the Raad ceases to be such in any of the following cases:
(a) If he neglects to come to the Raad during two successive yearly sessions.
(b) If he loses one or more of the qualifications as required in Article 7.
9. Members of the Volksraad are chosen for four successive years, and are re-eligible at the end of the period.
The half shall withdraw after two years, and the first half be regulated by lot.
10. The Volksraad in its yearly meetings chooses a Chairman out of its own members.
11. The Chairman of the Volksraad shall decide in case of an equality of votes.
12. Twelve members shall make a quorum.
13. The Volksraad makes the laws, regulates the government and finances of the country, and shall assemble for that purpose at Bloemfontein once a year (viz., on the first Monday of May).
14. The Chairman shall be able to summon an extraordinary session of the Raad according to the state of affairs.
15. The laws made by the Volksraad shall have force of law two months after the promulgation, and shall be signed by the Chairman or by the President, saving always the right of the Raad to fix a shorter or longer limit of time. The members of the Raad shall, as much as possible, make the laws which have been passed, known and clear to their own public.
16. In case of insolvency, or if any sentence of imprisonment is passed against the President, the Volksraad shall be able to dismiss him at once.
17. (a) The Volksraad shall have the right to try thePresident and public officials for treason, bribery and other high crimes.
(b) The President shall not be condemned without the agreement of three to one of the members present.
(c) He shall not be condemned without the full Raad being present, or at least without due notice being given, to give all the members opportunity to be present.
(d) If a quorum is summoned, and is unanimously of opinion that the President is guilty of one of the above-mentioned crimes, they shall have the power to suspend him, and to make provisional arrangements to fulfill the duties of his office. But in that case they shall be obliged to call the whole Raad together to judge him.
(e) The members of the Volksraad shall take their oath at the commencement of said examination.
(f) In case the President should come to die, or should resign his post, or be discharged, or become unfit for the discharge of his office, the Volksraad shall be empowered to appoint one or more persons to act in his place until such unfitness cease or another President is chosen.
(g) The sentence of the Volksraad in such cases shall have no further effect than discharge from their office, and the declaration of unfitness ever to hold any post under the Government. But the persons so sentenced shall none the less be liable to be judged according to the law.
18. The Volksraad reserves the right to examine the election lists of members for the Volksraad itself, and to declare if the members have been duly and legally elected or not.
19. The Volksraad shall have regular minutes of its transactions kept, and from time to time publish the same, such articles excepted as ought in their judgment to be kept back.
20. The agreement or disapproval of the various members on any question put to the vote must, on the request of one-fifth of members present, be inscribed in the minutes.
21. The public shall be admitted to attend the consultations of the Volksraad and to take notice of the transactions, except in special cases where secrecy is necessary.
22. The Volksraad shall make no laws preventing free assembly of the inhabitants, to memorialize the Government, to obtain assistance in difficulties, or to get an alteration in some laws.
23. The furtherance of religion and education is a subject of care for the Volksraad.
24. The Dutch Reformed Church shall be assisted and supported by the Volksraad.
25. The Volksraad shall have the power to pass a burgher or commando law for the protection and safety of this land.
26. After this Constitution shall have been fixedly determined, no alteration may be made in the same without the agreement of three-fifths of the Volksraad, and before such change may be made, a majority of three-fifths of the votes shall be necessary for the same in two successive yearly sessions.
27. The Volksraad shall have the power to inflict taxes or to diminish them, to pay the public debt and to make provision for the general defence and welfare of the State; similarly to take up money on the credit of the State, and also to dispose of Government property.
Chapter V.—Duties, Powers, etc., of the President.
28. There shall be a President.
29. The President shall be chosen by the enfranchisedburghers; however, the Volksraad shall recommend one or more persons to their choice.
30. The President shall be appointed for five years, and be re-eligible on resignation.
31. The President shall be the head of the Executive power. The supervision of all public departments and the execution and regulation of all matters connected with the public service shall be entrusted to the President, who shall be responsible to the Volksraad, and whose acts and deeds shall be subject to an appeal before the Volksraad.
32. The President shall as often as possible visit the towns and give the inhabitants of the same and of the district an opportunity to bring forward at the towns matters in which they are interested.
33. The President shall make a report in the yearly assemblage of the Volksraad about the state of the land and of the public service, shall assist the same with counsel and advice, and if necessary, lay bills upon the table, without, however, being able to vote upon the same.
34. The President shall also be able to summon an extraordinary meeting of the Volksraad.
35. The President shall have the power to fill up all empty posts in the public offices, which fall vacant between the times of the meeting of the Volksraad, subject to the ratification of that body.
36. The President shall have the right to suspend public officials.
37. The President with a majority of the Executive Council shall exercise the right of mercy in all criminal sentences.
38. The President with the consent of the Volksraad declares war and makes peace.
39. The President shall be able to make conventions, subject to the consent of the Volksraad.
40. The President shall not be able to make any treaty without consent of the Volksraad.
41. The President, or any member of the Executive Council, shall have the right at all times to inspect the state of the finances, as also the books of the officials.
Chapter VI.—Executive Council.
42. There shall be an Executive Council, consisting of the Landrost of the capital, the Secretary of the Government, and three unofficial members, chosen by the Volksraad, to assist the President with advice and assistance.
The President shall be the Chairman, and have a decisive vote.
43. The Executive Council shall hold session on the second Monday of each second month, and at such other times as the President may desire.
44. The Executive Council shall be bound to make a yearly report of its transactions to the Volksraad.
45. A majority of the Executive Council shall have the right to summon an extraordinary meeting of the Volksraad.
46. The President and the Executive Council shall have the power of declaring martial law.
Chapter VII.—The Judicial Power.
47. The Landrost holds the power of civil commissioner and resident magistrate.
48. The judicial power is exclusively exercised by the courts of law, which are established by the law.
49. Legislation also regulates the administration of criminal justice, as also that in police cases, always understanding, however, that criminal cases brought in the first instance before the higher Courts are judged by a jury.
Chapter VIII.—The Military System.
50. The Field-Cornets shall be chosen by and out of the burghers of their wards.
51. A Field-Commandant shall be chosen for each district, by and out of the burghers of the same.
52. The assembled Field-Commandants and Field-Cornets who are united on a commando shall choose from amongst themselves, in case of war, their own Commandant-General, which General must then receive his instructions from the President.
53. The assembled Field-Commandants and Field-Cornets have the right, during the course of the war, when they have just cause for so doing, to discharge the Commandant-General who had been chosen by them, and to appoint another, they being bound in that case to give notice to the President thereof, who on receipt of such announcement, and on finding the assigned reasons well founded, fixes the day on which a new election shall take place.
54. After the war there exists no longer any Commandant-General as such.
55. The Field-Cornets must be resident in their own wards and possess property therein.
56. The Field-Commandants must be resident in their own districts, possess fixed property to the amount of £200, and have lived one year in the country.
Chapter IX.—Miscellaneous Subjects.
57. The Roman-Dutch law shall be the principal law of this State, where no other law has been made by the Volksraad.
58. The law is for all alike, always understanding that the judge shall exercise all laws with impartiality and without respect of persons.
59. Every inhabitant owes obedience to the law and the authorities.
60. Right of property is guaranteed.
61. Personal freedom, provisionally on remaining within the limitations of the law, is guaranteed.
62. The freedom of the press is guaranteed provisionally on remaining within the law.