"The manner and details of this surrender shall be arranged by Lord Kitchener, Commandant-General Botha, a.s.sistant-Commandant-General J.H.
De la Rey, and Commander-in-Chief de Wet.
"Secondly, burghers in the Veldt beyond the frontiers of the Transvaal and of the Orange River Colony shall, on their surrender, be brought back to their homes.
"Thirdly, all prisoners of war, being at the time burghers out of South Africa, shall, on their declaring that they accept this status of subjects of His Majesty King Edward VII., be brought back to the farms on which they were living before the war.
"Fourthly, the burghers who thus surrender, or who thus return, shall lose neither their personal freedom nor their property.
"Fifthly, no judicial proceedings, civil or criminal, shall be taken against any of the burghers who thus return for any action of theirs in connexion with the carrying on of the war.
"Sixthly, the Dutch language shall be taught in the public schools of the Transvaal and of the Orange River Colony, where the parents of the children demand it; and shall be admitted in the courts of justice, wherever this is required for the better and more effective administration of justice.
"Seventhly, the possession of rifles shall, on taking out a license in accordance with the law, be permitted in the Transvaal and in the Orange River Colony, to persons who require them for their protection.
"Eighthly, military administration in the Transvaal and in the Orange River Colony shall, as soon as possible, be followed by civil government; and, as soon as circ.u.mstances permit it, a representative system tending towards autonomy shall be introduced.
"Ninthly, the question of granting the franchise to the natives shall not be decided until a representative const.i.tution has been granted.
"Tenthly, no special tax shall be laid on landed property in the Transvaal and Orange River Colony to meet the expenses of the war.
"Eleventhly, a judicial Commission shall be appointed, to which the government bank notes, issued under Law No. 1 of the South African Republic, may be presented within six months. All such notes, if found to have been duly issued in conformity with the terms of the law, and if the presenting party shall have given consideration in value, shall be honoured, but without interest.
"All receipts issued in the Veldt by the officers of the late Republics, or by their orders, may also be presented to the said Commission within six months; and if they have been given _bona fide_ in exchange for goods used by the burghers in the Veldt, they shall be paid in full to the persons to whom they were originally issued.
"The amount payable on account of the said Government"s notes and receipts shall not exceed 3,000,000; and in case the whole amount of such notes and receipts accepted by the Commission should exceed that amount, a _pro rata_ reduction shall be made.
"The prisoners of war shall be given facilities to present their notes and receipts within the above-mentioned six months.
"Twelfthly, as soon as circ.u.mstances shall permit, there shall be appointed in each district of the Transvaal and of the Orange River Colony a Commission, in which the inhabitants of that district shall be represented, under the chairmanship of a magistrate or other official, with a view to a.s.sist in the bringing back of the people to their farms, and in procuring for those who, on account of losses through the war, are unable to provide for themselves, food, shelter, and such quant.i.ties of seed, cattle, implements, etc., as are necessary for the resuming of their previous callings. Funds for this purpose, repayable by instalments extending over a number of years, shall be advanced--free of interest--by the Government."
Lord Milner: "If we come to an agreement, it will be the _English_ doc.u.ment which will be wired to England, on which His Majesty"s Government will decide, and which will be signed."
Commandant-General Botha: "Will not a Dutch translation be annexed?"
Lord Milner: "I have no objection to the addition of a Dutch translation. This, then, is the doc.u.ment which we are prepared to lay before the English Government."
Commandant-General Botha: "There are a few points on which I wish to speak. The first is in reference to the receipts given by our officers.
It seems to me quite right that they should be mentioned in the paragraph about government notes. These receipts were issued, in accordance with instructions given by our Government, for the purchase of cattle, grain, and other necessaries for the support of our commandos; and the chief officers now present, as well as all other officers, have acted according to these instructions and issued receipts. Therefore I make this request. Some of these receipts were afterwards paid in part, and others in full, in government notes. But many were not paid at all. I do not believe that the amount is great, but it will strengthen our hands to be able to take up this affair honourably, for our honour is concerned in so far as we have signed the receipts. It will be a great point in our favour to be able to go before our delegates and tell them that they are guaranteed on this point, for most of them are officers."
Lord Kitchener: "I understand that General Botha refers not to commandeer or requisition notes, but only to actual receipts issued on the Treasury."
Lord Milner: "I do not see any difference between these receipts and commandeer notes. The willingness of persons to sell goods makes no difference in a legal doc.u.ment."
Lord Kitchener: "I mean that it makes a difference whether it is an order on the Treasury or a requisition note. I should limit this (guarantee) to receipts on the Treasury, issued in consequence of a law that permitted a certain sum to be issued."
Commander-in-Chief de Wet: "No decision was come to in the Free State as to how much was to be issued."
Lord Kitchener: "Am I to understand by this that it is an unlimited amount, or does it come within the amount decided on by the Volksraad?"
General s.m.u.ts: "While the Government existed the Volksraad empowered it to issue notes up to a certain amount. And this was done. Moreover the officers in the Veldt had the right to make purchases for the commandos and to give receipts for them."
Lord Milner: "I can see no difference between receipts and requisition notes, and they have been issued for an unlimited amount."
General s.m.u.ts: "These receipts were issued under a totally different law. They were not paid out of the credit voted by the Volksraad."
Commander-in-Chief de Wet: "I would have it clearly understood that I quite agree with what has been said by the Commandant-General, namely that the honour of every officer is engaged for these doc.u.ments, and if your Excellencies agree it will give us a strong weapon with which to return to the delegates."
Lord Milner: "The proposal is _de facto_ that the British Government shall repay all the monies which the Republics borrowed with the object of fighting against England."
Commander-in-Chief de Wet: "Yet we have fought honourably, and if we give up our independence it is no more than fair that you should meet us in this matter."
Commandant-General Botha: "Am I to understand your position to be that we must surrender everything, and that whilst you take away the freedom of our country (which amounts to many millions) you at the same time refuse all responsibility for our debts. We had been recognized by you as belligerent, and so are entirely in our rights in asking that when you seize the riches of the country you shall also take its debts upon your shoulders. So long as the British Government reaches the great goal at which it is aiming, a matter so easily arranged as this should not cause any difficulty: we are not bickering about trifles, but are bringing forward what to us is a real hardship, and you must take it for granted that when we say something here we really mean it. And now we tell you that this matter is an obstacle in our way. Personally, we have not signed many receipts: it was the officers of lower rank who signed the greater number, and it is these very officers who form the majority of the national meeting at Vereeniging. In some instances, I may add, special persons were appointed for the purpose of carrying out this work."
Lord Milner: "We do not take over the a.s.sets without taking also the liabilities. We take over all the debts owed by the country before the war, and we have even agreed to take over a debt--a legal debt--in the shape of notes, which notes we are fully aware it only became necessary to issue on account of the war, and thus we are already paying a part of the cost incurred in fighting us. I think this is a very great concession; and when I agreed that it should be put down I said that I believed (and I still am of the same opinion) that the English Government would take exception to it, although I hope that this will not be the case. But to go further than this, and to ask us to pay not only a debt contracted under a law for the furtherance of the war, but also every debt contracted by every officer in the armies of both Republics, for the purpose of fighting us, is to my mind a most extravagant proposal. In answer to what General Botha has said, I may observe that the Commission appears to think that we have no persons behind us whose feelings and prejudices (if you use that word) we are bound to take into consideration. If this matter causes a difficulty among your burghers, I can only say that I am sure that your proposal will cause the British Government the greatest trouble when dealing with the nation, with whose feelings they have to reckon."
Commander-in-Chief de Wet: "I should like to explain the position of the Orange Free State. In the Transvaal a law was pa.s.sed empowering the Government to issue 1,000,000; but in the Orange Free State nothing was done, as the Government possessed the right to pay with receipts, and we thought that a receipt was as good and as legal as a note; and therefore, from my point of view, the two are of equal importance."
Commandant-General Botha: "I might point out that we should not insist so much on the technical meaning of words--and this is especially true for your side, because we have a.s.sembled here with the aim of stopping the hostilities which cause you such great expenses every month; and our meeting may be able to bring these expenses to an end. Therefore, if you accept our proposal and pay these receipts, you might save almost enough to cover the cost you incur. It would be much cheaper to make an end of the war by co-operation than to let matters drift on. Therefore I believe that it is the duty of both parties to be willing to make concessions when obstacles appear."
General de Wet: "I can a.s.sure His Excellency, Lord Milner, that the people always believed that should everything be lost they still would be able to obtain this money due on receipts. If this is not granted, I cannot imagine what the results will be. I am afraid of the consequences; and I trust that you will do your best to meet our wishes."
Commandant-General Botha: "It will not be a very large sum, but we cannot give you the exact amount."
Commander-in-Chief de Wet: "You can well understand that our expenses are only a drop in the ocean compared with yours. If I am right, the Orange Free State had three quarters of a million when the war began, and the issue of receipts only started when that sum was exhausted. Your Excellencies must acknowledge that we have the same obligation of creditor through these receipts as we should have in any other case."
Commandant-General Botha: "You have already many of our notes in your possession. In one case alone there were fifty thousand hidden away, and found by you. I have stated privately to Lord Milner that what we are now striving to obtain has already been granted to us _de facto_ by Lord Kitchener. In Lord Kitchener"s Middelburg proposal the paying of the Government notes was refused, but there was a proviso that the receipts should be paid to the amount of one million. Should this now be withdrawn, surely such a withdrawal would form a deviation from the Middelburg proposal. The paying of notes is legal, and is on quite another footing, and I cannot understand how it could have been refused in the Middelburg proposal. That it should be granted now is only reasonable. But as regards the payment of receipts, although it was allowed then up to a certain amount, it is now withdrawn. At this present stage of the proceedings I think that a point which had already been practically conceded in the previous negotiations should not be allowed to form a stumbling-block to a final agreement. I believe that the amount is only small; I was for one year in conjunction with De la Rey in command of the forces of the South African Republic. During that period of time an account was kept of all the receipts, and only a short time back the books were still in our possession. These receipts were issued in an orderly manner, and each of them was duly entered in a book, as far as I was able to judge. These receipts amounted to quite a small sum; and although Lord Milner would draw back if the sum was very big, the question how far he will go can be settled when the proposal is accepted. Yet I personally think that there are no grounds for fear, and the amount is really far smaller than you imagine."
Lord Milner: "I do not think it is so much a question of amount. This paying of notes and requisition notes appears to me very unreasonable. I believe that in this matter I am only voicing the opinion of the great majority of the British nation when I say that my countrymen would much prefer to pay a large sum at the conclusion of hostilities with the object of bettering the condition of the people who have been fighting against them than to pay a much smaller sum to meet the costs incurred by the Republics during the war. Whether such a view is right or wrong, it is a view you have to reckon with. We do not wish to pay the accounts of both parties; and my opinion of the clause quoted from the Middelburg proposal is that that clause was one of its faults. But should anything of the kind become necessary, then I think that the paying of the notes is less objectionable than the paying of the requisition notes. I placed this point about the payment of notes in the draft because I thought that if it came to a choice between paying one or the other you would prefer that the notes should be paid. However, if it should be thought better to return on this point to the Middelburg proposal, although I am greatly against the clause, I will waive my objection to it if Lord Kitchener is agreeable."
General s.m.u.ts: "I am afraid that we cannot agree to this, for we thought that the notes would be beyond all dispute."
Judge Hertzog: "I do not think that your Excellency is representing the matter fairly when you say that you will not pay the bills of both parties. There is one thing to be taken into consideration as regards the Orange Free State, and which must be considered before everything else, and that is, that we have made no loans nor have we given any government notes. The notes we used were notes of the South African Republic, which had been sent to the Orange Free State. Our law was formed on the idea that in case of war all the costs should be paid by commission notes. The Orange Free State acted on this principle, and receipts were issued. If we take into consideration at the same time that we have been and still are recognized by you as belligerent, then we can only say: On our side we surrender everything that we possess, and we only ask the other party to acknowledge the fact that if we had contracted a loan it would have been to the charge of the British Government, who, in taking everything from us, renders itself responsible for our public loans. Lord Milner should understand that it is of just as much importance to us for the receipts to be paid as it is to the South African Republic for the loan, which it contracted before the war, to be taken over by the British Government. But I can even go further and give Lord Milner the a.s.surance that we have acted more economically when issuing these receipts than we should have done had we contracted the loan previous to the war. Now we have only what is absolutely necessary to meet our present needs. So that Lord Milner must own that we find ourselves in the same position towards those who are in possession of receipts, as we should have occupied towards any other creditor we might have had before the war began. I must give my support to what the Commandant-General has said; and I can only repeat what I have already informally told Lord Milner, namely, that this difficulty is almost insurmountable."
Lord Milner: "We can refer this to our Government. But your proposal is altogether antagonistic to the Middelburg proposal, which absolutely rejected the idea of taking over all the debts of the two States."
Lord Kitchener: "I should like to know the amount."
General De la Rey: "My issue of notes amounts to between twenty and fifty thousand pounds; but I cannot say what the issue in receipt has been."
Lord Milner: "There really is a feasible compromise, namely, to allow the notes and receipts to come in and to establish the suggested limit of 1,000,000."
Lord Kitchener: "Would that meet your difficulty?"
Commandant-General Botha: "No."
Lord Kitchener: "Well, would two or three million be sufficient? We must have a limit before we can do anything."
Commander-in-Chief de Wet: "It is impossible to stipulate the amount."