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Selected

Official Documents

OF THE

South African Republic

AND

Great Britain.

       *       *       *       *       *

A documentary perspective of the causes of the war in South Africa.

       *       *       *       *       *

EDITED BY

HUGH WILLIAMS, M.A., B.L.S.,

_Library of Congress_,

AND

FREDERICK CHARLES HICKS, Ph.B.,

_Library of Congress_.




PREFACE.


The universal interest in the affairs of the South African Republic is
responsible for the idea that a selection of documents illustrative of
the South African controversy will be appreciated by American readers.
The documents which are here reprinted are by no means unobtainable;
but, to the general reader, they have been hitherto quite inaccessible.
Only the largest public libraries have the proper sources of
information, and even with these books at hand the student has been
forced to delve in a mass of irrelevant material for the hidden object
of his desire.

The present compilation has been made in the hope of meeting the
immediate demands of the public. To avoid cumbersomeness, many important
documents have necessarily been omitted; yet as far as possible, the
editors have given a complete series of documents. The arrangement is
partly chronological, and we hope altogether logical. Commencing with
the London Convention of 1884, which defines the status of the South
African Republic in its relations with Great Britain, we follow with the
revised Constitution of 1889, and its complementary law of June 23,
1890, which granted representation in a second Volksraad to burghers of
two years' standing. The latest legislation concerning the right of
franchise is given in the enactment of July, 1899. This law, together
with negotiations looking toward further concessions to the Uitlander
population forms the subject of our third chapter. No agreement having
been reached, and numerous complications having arisen, conspicuously
the movements of British troops, the Ultimatum of President Kruger on
October 9, precipitated a state of war.

In presenting this Ultimatum President Kruger knew that the Republic
would not have to fight alone, but that there would be practically a war
of the South African Dutch against the English. The declaration of the
Orange Free State to Great Britain will therefore be of interest, as
expressing the grounds of sympathy between the South African Republic
and the Orange Free State, and the latter's view of the _causa belli_.
Lastly we add the constitution of the Orange Free State that the
political status of the two republics may be appreciated by comparison
of their constitutions.

The documents have been compiled from the _Codex van de Locale Wetten
der Zuid-Afrikaansche Republiek. Gröningen, 1894_; _The Political Laws
of the South African Republic. London and Cape Town, 1896_; and the
_State Papers of Great Britain, London, 1884-99_.

WASHINGTON, _February 10, 1900_.




CONTENTS.


                                                                    PAGE
CHAPTER I.

1. Convention of London, February 27, 1884                             7

2. Ratification by Volksraad, August 8, 1884                          14


CHAPTER II.

3. Constitution of the South African Republic, revised and published
December 25, 1889                                                     16

4. Establishment of the Second Volksraad, June 23, 1890               40


CHAPTER III.

_The Franchise._

5. The Franchise Law. July 26, 1899                                   47

6. Proposed modification

    (a) Proposal of Great Britain for a joint inquiry, August 2, 1899 53

    (b) Alternative proposal of the South African Republic--The five
year franchise, August 19, 1899                                       53


CHAPTER IV.

7. Ultimatum of South African Republic, October 9, 1899               57

8. Reply of Great Britain, October 10, 1899                           61


CHAPTER V.

_Dual alliance of the South African Republic and the Orange Free
State._

9. Resolution of Orange Free State Volksraad, September 27, 1899      62

10. Correspondence between Great Britain and Orange Free State,
October 11, 1899                                                      63


CHAPTER VI.

11. Constitution of Orange Free State, revised and published, 1868    65




CHAPTER I.

CONVENTION OF LONDON, _February 27, 1884_.

_A Convention Between Her Majesty the Queen of the United Kingdom of
Great Britain and Ireland and the South African Republic._


Whereas, The Government of the Transvaal State, through its Delegates,
consisting of Stephanus Johannes Paulus Kruger, President of the said
State, Stephanus Jacobus Du Toit, Superintendent of Education, and
Nicholas Jacobus Smit, a member of the Volksraad, have represented that
the Convention signed at Pretoria on the 3rd day of August 1881, and
ratified by the Volksraad of the said State on the 25th October 1881,
contains certain provisions which are inconvenient, and imposes burdens
and obligations from which the said State is desirous to be relieved,
and that the southwestern boundaries fixed by the said Convention should
be amended, with a view to promote the peace and good order of the said
State, and of the countries adjacent thereto; and whereas, Her Majesty
the Queen of the United Kingdom of Great Britain and Ireland, has been
pleased to take the said representations into consideration: Now,
therefore, Her Majesty has been pleased to direct, and it is hereby
declared, that the following articles of a new Convention, signed on
behalf of Her Majesty by Her Majesty's High Commissioner in South
Africa, the Right Honorable Sir Hercules George Robert Robinson, Knight
Grand Cross of the Most Distinguished Order of Saint Michael and Saint
George, Governor of the Colony of the Cape of Good Hope, and on behalf
of the Transvaal State (which shall hereinafter be called the South
African Republic) by the above named Delegates, Stephanus Johannes
Paulus Kruger, Stephanus Jacobus Du Toit, and Nicholas Jacobus Smit,
shall, when ratified by the Volksraad of the South African Republic, be
substituted for the articles embodied in the Convention of 3rd August
1881; which latter, pending such ratification, shall continue in full
force and effect.


ARTICLES.

ARTICLE I, II.

(Articles I and II relate entirely to the settlement of the boundary
lines of the Republic.)

ARTICLE III.

If a British officer is appointed to reside at Pretoria or elsewhere
within the South African Republic to discharge functions analogous to
those of a Consular officer, he will receive the protection and
assistance of the Republic.

ARTICLE IV.

The South African Republic will conclude no treaty or engagement with
any State or nation other than the Orange Free State, nor with any
native tribe to the eastward or westward of the Republic, until the same
has been approved by Her Majesty the Queen.

Such approval shall be considered to have been granted if Her Majesty's
Government shall not, within six months after receiving a copy of such
treaty (which shall be delivered to them immediately upon its
completion), have notified that the conclusion of such treaty is in
conflict with the interests of Great Britain or any of Her Majesty's
possessions in South Africa.

ARTICLE V.

The South African Republic will be liable for any balance which may
still remain due of the debts for which it was liable at the date of
Annexation, to wit, the Cape Commercial Bank Loan, the Railway Loan, and
the Orphan Chamber Debt, which debts shall be a first charge upon the
revenues of the Republic. The South African Republic will moreover be
liable to Her Majesty's Government for £250,000, which will be a second
charge upon the revenues of the Republic.

ARTICLE VI.

The debt due as aforesaid by the South African Republic to Her Majesty's
Government will bear interest at the rate of three and a half per cent.
from the date of the ratification of this Convention, and shall be
repayable by a payment for interest and Sinking Fund of six pounds and
nine pence per £100 per annum, which will extinguish the debt in
twenty-five years. The said payment of six pounds and nine pence per
£100 shall be payable half yearly, in British currency, at the close of
each half year from the date of such ratification: _Provided always_,
That the South African Republic shall be at liberty at the close of any
half-year to pay off the whole or any portion of the outstanding debt.

Interest at the rate of three and a half per cent. on the debt as
standing under the Convention of Pretoria shall as heretofore be paid to
the date of the ratification of this Convention.

ARTICLE VII.

All persons who held property in the Transvaal on the 8th day of August
1881, and still hold the same, will continue to enjoy the rights of
property which they have enjoyed since the 12th April 1877. No person
who has remained loyal to Her Majesty during the late hostilities shall
suffer any molestation by reason of his loyalty; or be liable to any
criminal prosecution or civil action for any part taken in connection
with such hostilities; and all such persons will have full liberty to
reside in the country, with enjoyment of all civil rights, and
protection for their persons and property.

ARTICLE VIII.

The South African Republic renews the declaration made in the Sand River
Convention, and in the Convention of Pretoria, that no slavery or
apprenticeship partaking of slavery will be tolerated by the Government
of the said Republic.

ARTICLE IX.

There will continue to be complete freedom of religion and protection
from molestation for all denominations, provided the same be not
inconsistent with morality and good order; and no disability shall
attach to any person in regard to rights of property by reason of the
religious opinions which he holds.

ARTICLE X.

The British Officer appointed to reside in the South African Republic
will receive every assistance from the Government of the said Republic
in making due provision for the proper care and preservation of the
graves of such of Her Majesty's Forces as have died in the Transvaal;
and if need be, for the appropriation of land for the purpose.

ARTICLE XI.

All grants or titles issued at any time by the Transvaal Government in
respect of land outside the boundary of the South African Republic, as
defined in Article I, shall be considered invalid and of no effect,
except in so far as any such grant or title relates to land that falls
within the boundary of the South African Republic; and all persons
holding any such grant so considered invalid and of no effect will
receive from the Government of the South African Republic such
compensation, either in land or in money, as the Volksraad shall
determine. In all cases in which any Native Chiefs or other authorities
outside the said boundaries have received any adequate consideration
from the Government of the South African Republic for land excluded from
the Transvaal by the first Article of this Convention, or where
permanent improvements have been made on the land, the High Commissioner
will recover from the native authorities fair compensation for the loss
of the land thus excluded, or of the permanent improvements thereon.

ARTICLE XII.

The independence of the Swazis, within the boundary line of Swaziland,
as indicated in the first Article of this Convention, will be fully
recognized.

ARTICLE XIII.

Except in pursuance of any treaty or engagement made as provided in
Article IV of this Convention, no other or higher duties shall be
imposed on the importation into the South African Republic of any
article coming from any part of Her Majesty's dominions than are or may
be imposed on the like article coming from any other place or country;
nor will any prohibition be maintained or imposed on the importation
into the South African Republic of any article coming from any part of
Her Majesty's dominions which shall not equally extend to the like
article coming from any other place or country. And in like manner the
same treatment shall be given to any article coming to Great Britain
from the South African Republic as to the like article coming from any
other place or country.

These provisions do not preclude the consideration of special
arrangements as to import duties and commercial relations between the
South African Republic and any of Her Majesty's colonies or possessions.

ARTICLE XIV.

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.

ARTICLE XV.

All persons, other than natives, who establish their domicile in the
Transvaal between the 12th day of April 1877, and the 8th August 1881,
and who within twelve months after such last mentioned date have had
their names registered by the British Resident, shall be exempt from all
compulsory military service whatever.

ARTICLE XVI.

Provision shall hereafter be made by a separate instrument for the
mutual extradition of criminals, and also for the surrender of deserters
from Her Majesty's Forces.

ARTICLE XVII.

All debts contracted between the 12th April 1877 and the 8th August 1881
will be payable in the same currency in which they may have been
contracted.

ARTICLE XVIII.

No grants of land which may have been made, and no transfers or
mortgages which may have been passed between the 12th April 1877 and the
8th August 1881, will be invalidated by reason merely of their having
been made or passed between such dates.

All transfers to the British Secretary for Native Affairs in trust for
Natives will remain in force, an officer of the South African Republic
taking the place of such Secretary for Native Affairs.

ARTICLE XIX.

The Government of the South African Republic will engage faithfully to
fulfil the assurances given, in accordance with the laws of the South
African Republic, to the natives at the Pretoria Pitso by the Royal
Commission in the presence of the Triumvirate and with their entire
assent, (1) as to the freedom of the natives to buy or otherwise acquire
land under certain conditions, (2) as to the appointment of a commission
to mark out native locations, (3) as to the access of the natives to the
courts of law, and (4) as to their being allowed to move freely within
the country, or to leave it for any legal purpose, under a pass system.

ARTICLE XX.

This Convention will be ratified by a Volksraad of the South African
Republic within the period of six months after its execution, and in
default of such ratification this Convention shall be null and void.

Signed in duplicate in London this 27th day of February 1884.

[Signed]   HERCULES ROBINSON,
[Signed]   S.J.P. KRUGER,
[Signed]   S.J. DU TOIT,
[Signed]   N.J. SMIT.


RATIFICATION BY VOLKSRAAD.

_August 8, 1884._

The Convention was ratified on August 8, 1884 by the Volksraad in a
resolution as follows: "The Volksraad having considered the new
Convention concluded between its deputation and the British Government
at London on 27th February 1884, as likewise the negotiations between
the contracting parties, which resulted in the said Convention, approves
of the standpoint taken by its deputation that a settlement based upon
the principle of the Sand River Convention can alone fully satisfy the
burghers of the Republic. It also shares the objections set forth by the
deputation against the Convention of Pretoria, as likewise their
objections against the Convention of London on the following points:--

"1st. The settlement of the boundary, especially on the western border
of the Republic, in which the deputation eventually acquiesced only
under the express conditions with which the Raad agree.

"2nd. The right of veto reserved to the British Crown upon treaties to
be concluded by the Republic with foreign powers; and

"3rd. The settlement of the debt. Seeing, however, that in the said
Convention of London considerable advantages are secured to the
Republic, especially in the restoration of the country's independence,

"_Resolves_, With acknowledgment of the generosity of Her Britannic
Majesty, to ratify, as it hereby does, the said Convention of London."




CHAPTER II.

CONSTITUTION OF THE SOUTH AFRICAN REPUBLIC.


ARTICLE 1.--This State shall bear the name of the South African
Republic.

ARTICLE 2.--The form of government of this State shall be that
of a republic.

ARTICLE 3.--It desires to be recognized and respected by the
civilized world as an independent and free people.

ARTICLE 4.--The people seek for no extension of territory, and
desire it only in accordance with just principles, when the interest of
the Republic makes such extension desirable.

ARTICLE 5.--The people desire to retain and maintain their
territory in South Africa unimpaired. The boundaries thereof are fixed
by proclamation.

ARTICLE 6.--Its territory is open for every foreigner who obeys
the laws of this Republic. All who are within the territory of this
Republic have equal claims to protection of person and property.

ARTICLE 7.--The land or farms situate in this territory which
have not yet been given out, are declared to be the property of the
State.

ARTICLE 8.--The people claim the utmost social freedom, and
expect the result from the maintenance of their religious belief, from
the observance of their obligations, from submission to law, order and
right, and the maintenance of the same.

The people permit the spread of the Gospel among the heathen under fixed
precautions against deceit or misleading.

ARTICLE 9.--The people will not allow any equalization of the
coloured inhabitants with the white.

ARTICLE 10.--The people will not suffer any slave trade or
slavery in this Republic.

ARTICLE 11.--The people reserve to themselves the protection
and defence of the independence and inviolability of the State, subject
to the laws.

ARTICLE 12.--The people entrust the legislation to a
Volksraad--the highest authority in the land--consisting of
representatives or deputies of the people, chosen by the enfranchised
burghers; but with the reservation that a period of three months shall
be left to the people to enable them if they so wish to communicate to
the Volksraad their verdict on a proposed law; except those laws which
can suffer no delay.

ARTICLE 13.--The people charge the President with the task of
proposing and executing the laws; he also brings before the Volksraad
the appointments of all civil servants for ratification.

ARTICLE 14.--The people entrust the maintenance of order to the
military force, the police, and other persons appointed by the law for
that purpose.

ARTICLE 15.--The people place the judicial power in the hands
of a Supreme Court, Circuit Court, Landrosts, Juries, and such other
persons as shall be entrusted with judicial powers, and leave all these
free to discharge their function according to their judgment and
consciences, according to the laws of the land.

ARTICLE 16.--The people shall receive annually from the
Volksraad an estimate of the general income and expenses of the State,
and learn therefrom how much every man's taxes shall amount to.

ARTICLE 17.--Potchefstrom, situated on the Mooi River, shall be
the capital of the Republic, and Pretoria the seat of Government.

ARTICLE 18.--All services rendered on behalf of the public are
remunerated by the public.

ARTICLE 19.--Freedom of the press is granted provided the
printer and publisher remain responsible for all the documents which
contain defamation, insult, or attacks against any one's character.


OF THE PROTECTION AND DEFENCE OF THE STATE.

ARTICLE 20.--The people shall only appoint as representatives
in the Volksraad those who are members of a Protestant Church.

ARTICLE 21.--The people desire the growth, prosperity, and
welfare of the State, and with this view provision for suitable school
teachers.

ARTICLE 22.--Providing also that in time of peace precautionary
measures are taken to enable the State to wage or withstand a war.

ARTICLE 23.--In case of a hostile attack from outside,
everyone, without distinction, shall be held bound to lend his
assistance on the promulgation of martial law.

ARTICLE 24.--No treaty or alliance with foreign powers or
peoples may be ratified until the Volksraad has expressed its feelings
upon the same, the treaty requiring to be ratified and passed or else
cancelled according to the judgment of the Volksraad, with exception of
those treaties which the Government is empowered by law or Volksraad
resolution to make.

ARTICLE 25.--In case of threatening danger for the State or in
time of war, the right of judging as to whether such treaty or alliance
is advisable or not is left to the Commandant-General advised by the
Military Council, if the commandos are in the field, and there is no
time to consult the Executive Council.


OF THE VOLKSRAAD, THE HIGHEST AUTHORITY, OR THE LEGISLATIVE POWER.

ARTICLE 26.--The Volksraad shall be the highest authority of
the country, and the legislative power.

ARTICLE 27.--No civil servants are to be representatives of the
people.

ARTICLE 28.--The Volksraad shall consist of at least twelve
members, who must possess the following qualifications:--

They must have attained the age of thirty years, and be born in the
Republic, or have for fifteen consecutive years been burghers entitled
to vote, be members of a Protestant Church, reside, and possess
immovable property, in the Republic. No persons of notoriously bad
character, or who have had a dishonouring sentence pronounced against
them, and no uncertified or unrehabilitated insolvents shall be
eligible. They may not be related to each other in the relationship of
father and son or stepson. No coloured persons or bastards shall be
admitted into our Assemblies. In like manner no military officer or
official of the State, who draws a fixed annual or monthly salary, shall
be eligible as member of the Volksraad.

ARTICLE 29.--The members of the Volksraad are elected by a
majority of votes from among the electors of each district. No one shall
be considered as elected who has not obtained at least sixty votes.
Every one who is born in the country and has attained the age of
twenty-one years, or has become naturalized, shall be a burgher
qualified to vote. The members of the Volksraad are elected for the
period of four years.

ARTICLE 30.--No one shall be eligible who has not received a
requisition signed by at least twenty-five voters. The voters in one
district are at liberty to vote for a candidate living in another
district. (That is to say, they may be represented by a candidate who
resides in a district other than that in which the voters reside.)

ARTICLE 31.--Every enfranchised burgher is allowed, if he
wishes, to bring accusations against the President or members of the
Executive Council for contravention of their duties or official crimes,
and send those accusations to the President of the Volksraad, under the
address; "To the Hon. President of the Volksraad," who then shall act
according to his judgment of the affair.

ARTICLE 32.--The election of members for the Volksraad shall
take place in the month of January or February, or in exceptional cases
upon such times as shall be fixed. For each district two members shall
be chosen, except the districts Pretoria, Potchefstrom, Rustenberg,
Lydenburg and Vryheid, for which three members shall be elected.
Elective districts on the Gold-fields shall each elect one member. At
the expiration of the second year it shall be decided by lot which half
of the members shall go out; the other half shall vacate their seats at
the end of the fourth year, and so on. New members of the Volksraad
shall be chosen from the districts whose members fall out. Retiring
members are re-eligible.

ARTICLE 33.--The Volksraad appoints, outside its members, a
Secretary, to be proposed by the Executive Council.

ARTICLE 34.--A Volksraad member who absents himself, and does
not comply with the notice to attend, incurs a penalty of Rds. 75.

ARTICLE 35.--The reasons for a Volksraad member's
non-appearance are:--

(1) Indisposition and bodily infirmity, to be proved by the member
chosen or summoned, by a signed declaration of the Landrost, Commandant,
or Field-Cornet of his division.

(2) Such unforeseen circumstances, being actually proved, as make it
impossible for him to be present, or to remain there.

ARTICLE 36.--All objections, excuses, and notices mentioned in
Articles 34 and 35 shall be sent into the President and be decided upon
by the Executive Council. Provision shall be made as soon as possible to
fill in the places open in consequence.

ARTICLE 37.--The members of the Volksraad shall, before taking
up their official duties, be sworn by the members of the Volksraad who
are present on the day of the session; their oath shall be of the nature
of the following:--

"As elected member of the Volksraad of this Republic, I declare,
believe, and swear solemnly, that I have neither made nor promised gifts
to anyone to reach this office; that I shall be faithful in this office
to the people; that I shall act in accordance with the Constitution and
other laws of this country, according to the best of my knowledge and
conscience, and consider only the furtherance of the happiness and
welfare of the public at large."

ARTICLE 38.--The members of the Volksraad present choose their
Chairman after the opening of the session, and before the annual
business.

ARTICLE 39.--All deliberations shall be settled by a bare
majority of the votes of the members voting.

ARTICLE 40.--The Volksraad does not separate before all matters
of business which must be treated of are finished, and the session is
closed by the President of the Volksraad. A member can obtain leave of
absence from the Volksraad, if he is in such case as mentioned in No. 2,
Article 35.

ARTICLE 41.--The members of the Volksraad doing service as such
shall be free from military service, without being free from the costs
which the military authorities may exact from them: they shall enjoy
remuneration for the period of their stay during the cessation of their
private business.

ARTICLE 42.--The meetings are held with open doors, unless the
Volksraad decide that the discussions upon some proposition be taken in
secret. The persons present who have no seat in the Volksraad may only
speak when they answer a question of the President.

ARTICLE 43.--The President shall bring forward for discussion
the proposals for laws which have come in before the Volksraad, whether
the latter have been made known to the public three months before the
commencement of the session, or whether the same have come in during the
session of the Volksraad.

ARTICLE 44.--When the notices of laws and Government notices
to the public have not been given in time, the President shall examine
with whom the blame of that delay lies. A Landrost found guilty hereof
shall have a fine of Rds. 50 inflicted, and a Field-Cornet or lesser
official of Rds. 25.

ARTICLE 45.--A copy of every law which has been adopted shall
be sent in by the Chairman to the President for execution.

ARTICLE 46.--When a new President is appointed, the Volksraad
shall depute four of its members and the Secretary to invite him to come
and take his official oath in the meeting of the Volksraad.

ARTICLE 47.--On the appointment of the members of the Executive
Council and the Commandant-General, the Volksraad shall give them
written notice thereof, in order to enable them to take the official
oath before the Volksraad at a time to be fixed.

ARTICLE 48.--The President shall annually submit a list of all
officials appointed during the year for the approval or disapproval of
the Volksraad.

ARTICLE 49.--In the event of the Court, contemplated by Article
8 of the Amendment of the Grondwet of 1877, declaring the State
President, or the Supreme Court, contemplated by Article 115 of the
Grondwet, declaring the Commandant-General or other members of the
Executive unfit to occupy his or their office, the Chairman of the
Volksraad, upon the receipt of the decision of such Court, shall convene
the members of the Volksraad, who shall be bound to attend, in order to
dismiss the official or officials found guilty; and to provide for the
filling up of the vacancy or vacancies so caused.

ARTICLE 50.--The members of the Volksraad assemble in the
Council Hall annually on the first Monday in May, or such other time as
may be indicated in their summons, whenever the President judges it
necessary that the Volksraad should come together; and daily from that
time onwards at nine o'clock in the morning, so as to be at work not
less than four to five hours a day. The assembly of the Volksraad shall
be opened and closed with a suitable prayer.

ARTICLE 51.--The President of the Volksraad is responsible that
the meetings are held according to regulations in Article 50, on neglect
of which the Volksraad can fine him in 5 to 50 Rds.

ARTICLE 52.--The maintenance of order among the persons
present, as mentioned in Article 42, must be entrusted to the
Field-Cornet appointed to that purpose by the Landrost of the district
where the session is held.

ARTICLE 53.--The Landrost shall also appoint a messenger to be
at the service of the Volksraad during the meeting.

ARTICLE 54.--The Volksraad judges all contraventions of
regulations fixed by the Volksraad, and committed in the hall of the
Volksraad, and punishes the infringers without further appeal.

ARTICLE 55.--Notice is given by the Secretary of all fines
inflicted by the Volksraad, to the Landrost under whom the persons fined
reside, and the latter sees to its execution.


OF THE STATE PRESIDENT AND MEMBERS OF THE EXECUTIVE COUNCIL.--THE
PROPOSERS OF LAWS.

ARTICLE 56.--The executive power resides in the State
President, who is responsible to the Volksraad. He is chosen by a
majority of the burghers entitled to vote, and for the term of five
years. He is eligible for re-election. He must have attained the age of
thirty years, and need not be a burgher of the State at the time of his
nomination, and must be a member of a Protestant Church, and have no
dishonouring sentence pronounced against him. (By a subsequent law the
President must be chosen from _among_ the burghers; he _must_ be a
burgher. Outsiders are excluded.)

ARTICLE 57.--The President is the first or highest official of
the State. All civil servants are subordinate to him; such, however, as
are charged with exercise of the judicial power are left altogether free
and independent in its exercise.

ARTICLE 58.--As long as the President holds his position as
such he shall fill no other, nor shall he discharge any ecclesiastical
office, nor carry on any business. The President cannot go outside the
boundaries of the State without consent of the Volksraad. However, the
Executive Council shall have the power to grant him leave to go outside
the boundaries of the State upon private affairs in cases of necessity.

ARTICLE 59.--The Vice-President assumes authority in case the
President is dismissed or incapable of acting, or is absent from seat of
government.

ARTICLE 60.--The President shall be discharged from his post by
the Volksraad after conviction of misconduct, embezzlement of public
property, treachery, or other serious crimes, and be treated further
according to the laws.

ARTICLE 61.--If in consequence of transgression of the
Constitution or other public misdemeanors the Volksraad resolve that the
President shall be brought to trial, he shall be tried before a special
court composed of the members of the High Court, the President and
another member of the Volksraad, while the State Attorney acts as Public
Prosecutor. The accused shall be allowed to secure assistance of a
lawyer at his choice.

ARTICLE 62.--The President is charged with the proposing of
laws to the Volksraad, whether his own proposals or others which have
come in to him from the people; he must make these proposals known to
the public by means of the _Staats Courant_ three months before
presenting them to the Volksraad, together with all such other documents
as are judged useful and necessary by him.

ARTICLE 63.--All proposals for a law sent in to the President
shall, before they are published, be judged by the President and
Executive Council as to whether publication is necessary or not.

ARTICLE 64.--The President submits the proposals for laws to
the Volksraad, and charges the official to whose department they belong
first and foremost, with their explanation and defence.

ARTICLE 65.--As soon as the President has received the notice
of the Volksraad that the proposed law is adopted, he shall have that
law published within two months, and after the lapse of a month, to be
reckoned from the publication, he shall take measures for the execution
of the same.

ARTICLE 66.--Proclamation of martial law, as intended in
Article 23, shall only be made by the President with the assent of the
members of the Executive Council. This proclamation must, however, take
place in case of pressing danger, and the law shall then at once be put
into execution; the decision with regard to the danger is left to the
President and the members of the Executive Council, and is on their
responsibility. The Commandant-General must be present at the
consideration and decision of military affairs in the Executive Council
in virtue of his office, and shall have a vote as such therein.

ARTICLE 67.--The President, with advice of the Executive
Council, declares war and peace, with reference to Article 66 of the
Constitution; the Government having first, if possible, summoned the
Volksraad before the declaration of war. Treaties of peace require the
ratification of the Volksraad, which is summoned as soon as possible for
that purpose.

ARTICLE 68.--The President appoints all officials, either
personally, by commission through the head officials, taking into
consideration that all officials must be enfranchised burghers, or must
produce good testimonials to the satisfaction of the Government, and
that so far as they are charged with financial administration, must find
adequate security therefore at the choice of the Government.

ARTICLE 69.--The President complies, as far as possible, with
the desire of the people, as referred to in Article 21.

ARTICLE 70.--The President shall submit, yearly, at the opening
of the Volksraad, estimates of general outgoings and income, and
therein indicate how to cover the deficit or apply the surplus.

ARTICLE 71.--He shall also give a report during that session of
that Volksraad, of his actions during the past year, of the condition of
the Republic and everything that concerns its general interest.

ARTICLE 72.--After examination of the election returns for the
members of the Volksraad, sent in to the Executive Council, he shall
summon that Raad, yearly, on the first Monday of May, and whenever
necessity so demands.

ARTICLE 73.--He publishes in the month of March or April the
names and residences of those chosen members of the Volksraad.

ARTICLE 74.--The written summons of the members of the
Volksraad shall be sent to their houses three weeks before the opening
of the same.

ARTICLE 75.--The President and one member of the Executive
Council shall, if possible, visit the towns and villages of the Republic
where Landrost's officers are, once in the year; he shall examine the
state of those offices, inquire into the conduct of the officials, and
on these circuits give the inhabitants during their stay an opportunity
to bring before him anything they are interested in.

ARTICLE 76.--The President has the power, saving his
responsibility to the Volksraad, to dismiss officials from their
offices, to make provisional appointments, and to fill all open places.
He reports to the first following session of the Volksraad with regard
to these transactions.

ARTICLE 77.--The President signs all appointments of officials,
gives them their instructions himself, or has it read and explained to
them by qualified officials, administers the oath, makes them sign it,
and after their appointment puts into their hands a copy of
instructions.

ARTICLE 78.--The President is charged with the administration
of the public service, the Postal Department and Public Works; he and
the members of the Executive Council are at the same time charged with
the supervision of the powder magazines and cannon of the State.

ARTICLE 79.--Correspondence with foreign powers shall be
carried on by the President and the Executive Council. The dispatches
shall be signed by him and the Secretary of State.

ARTICLE 80.--The President with the Executive Council has the
right to diminish or remit sentences of punishment passed for
misdemeanours or crime, on recommendation of the Court that has passed
the sentence, or upon petition of the person condemned, after having
taken the advice of the Court thereupon.

ARTICLE 81.--Before accepting his office he shall take the
following oath before the Volksraad:--

"As elected President of the Republic, I promise and swear solemnly,
that I shall be faithful to the people; and that I shall act according
to right and law in my office, according to the best of my knowledge and
conscience without respect of persons; that I have done no one favour,
nor made presents to reach this office; that I shall not accept from
anyone any present or favour, if I can suppose that this present or
favour should be made or done with a view of gaining from me a
resolution in favour of the person who does the favour or makes the
gifts; that I shall act according to the Constitution of the Republic,
and intend alone the furthering of the happiness and welfare at large of
its inhabitants."

ARTICLE 82.--The President exercises his power along with the
Executive Council. An Executive Council shall be joined to the
President, consisting of the Commandant-General, two enfranchised
burghers, a Secretary, and a Notekeeper (_notulenhouder_), who shall
have an equal vote, and bear the title of members of the Executive
Council. The Superintendent of Native Affairs and the Notekeeper shall
be _ex-officio_ members of the Executive Council. The President and
members of the Executive Council shall have the right to sit, but not to
vote, in the Volksraad. The President is allowed, when important
affairs arise, to invite the head official to be present in the
Executive Council whose department is more directly concerned with the
subject to be treated of. The said head official shall then have a vote
in the Executive Council, be equally responsible for the resolution
taken, and sign it along with the others.

ARTICLE 83.--According to the intention of Article 82 the
following shall be considered "Head Officials": The State Attorney,
Treasurer, Auditor, Superintendent of Education, Orphan-Master,
Registrar of Deeds, Surveyor-General, Postmaster-General, Head of the
Mining Department, Chief Director of the Telegraph Service, and Chief of
Public Works.

ARTICLE 84.--The President shall be Chairman of the Executive
Council, and in case of an equal division of votes have a casting vote.
For the ratification of sentences of death, or declarations of war, the
unanimous vote of the Executive Council shall be requisite for a
decision.

ARTICLE 85.--Regularly once a month, and at such other times as
the President shall judge necessary, the Executive Council shall sit at
his office.

ARTICLE 86.--The President with two members form a quorum.

ARTICLE 87.--All resolutions of the Executive Council and
official letters of the President must, besides being signed by him,
also be signed by the Secretary of State. The latter is at the same time
responsible that the contents of the resolution, or the letter, is not
in conflict with the existing laws.

ARTICLE 88.--The two enfranchised burghers or members of the
Executive Council contemplated by Article 82 are chosen by the Volksraad
for the period of three years, the Commandant-General for ten years;
they must be members of a Protestant Church, have had no sentence in a
criminal court to their discredit, and have reached the age of thirty
years.

ARTICLE 89.--The Secretary of State is chosen also by the
Volksraad, but is appointed for the period of four years. On resignation
or expiration of his term he is re-eligible. He must be a member of a
Protestant Church, have had no sentence in a criminal court to his
discredit, possess fixed property in the Republic, and have reached the
age of thirty years.

ARTICLE 90.--Before the members of the Executive Council and
the Commandant-General receive their office, they take the official oath
before the Volksraad and sign the same. That oath shall be of similar
contents to that of the President, as modified to the title or office of
the person sworn, and that of the Commandant-General to the contents of
Article 108.

ARTICLE 91.--Before the Secretary of State receives his office
he takes a similar oath to the members of the Executive Council, with a
small modification suitable to the nature of his office.

ARTICLE 92.--In case the Volksraad decide to give effect to the
complaints mentioned in Article 31, it shall put the complaint in the
hands of the State Attorney with a view to its examination. If it
appears from such examination that the complaint is well founded, then
the Volksraad shall send the complaint to the High Court, or the Court
contemplated in Article 61, with notice of such sending to the said
Attorney. This Court, which then will have to deal with the case, shall
take cognizance of the case, and in the last resort pronounce sentence.


OF THE MILITARY FORCE AND MILITARY COUNCIL.

ARTICLE 93.--The military force consists of all the men of this
Republic capable of bearing arms, and if necessary of all those of the
natives within its boundaries whose chiefs are subject to it.

ARTICLE 94.--Besides the armed force of burghers to be called
up in times of disturbance or war, there exists a general police and
corps of artillery, for which each year a fixed sum is drawn upon the
estimates.

ARTICLE 95.--The men of the white people capable of bearing
arms are all men between the ages of sixteen and sixty years; and of the
natives, only those which are capable of being made serviceable in the
war.

ARTICLE 96.--For the sub-division of the military force the
territory of this Republic is divided into field-cornetcies and
districts. The dividing lines of the field-cornetcies and districts are
fixed by and in a common council of the President, Commandant-General,
and the adjoining Commandants and Field-Cornets; and each inhabitant
shall be bound to obey the authorities of the field-cornetcy or district
in which he lives.

ARTICLE 97.--The men are under the orders of the following
officers, ascending in rank: Assistant Field-Cornets, Field-Cornets,
Commandants, and a Commandant-General.

ARTICLE 98.--The officers are chosen by a majority of votes,
viz., the Assistant Field-Cornets and Field-Cornets, by the enfranchised
burghers of the wards, so also the Commandants by the enfranchised
burghers of the districts, and the Commandant-General by all the
enfranchised burghers of this Republic. Enfranchised burghers, according
to this Article, are burghers who have reached the age of eighteen
years. The ballot-boxes for the election of officers shall be attended
to by the Landrosts, who shall be bound to send them up to the Executive
Council. The Executive Council shall be obliged to give notice to the
chosen Commandant-General of the choice which has fallen upon him.

ARTICLE 99.--Their appointments are:--The Commandant-General
for ten years, the Commandants for five years, the Field-Cornets, and
the Assistant Field-Cornets for three years; and on expiration of this
term, they are re-eligible. The Commandant-General shall be discharged,
or relieved of his post, on conviction of crimes, as mentioned in
Article 60.

ARTICLE 100.--Not more than one Commandant shall be chosen for
each district.

ARTICLE 101.--The military force, with the exception of the
hired natives, is summoned for the maintenance of order, for commando
duty on the occasion of home rebellion, and without any exception for
the protection of the country, and to fight with foreign enemies.

ARTICLE 102.--The Assistant Field-Cornets and Field-Cornets are
charged with the maintenance of order; the Commandants are charged with
the commandos on occasion of rebellion at home; the Commandant-General
with commandos for the purpose of quelling disturbance among the white
population, the protection of the country, and fighting with foreign
enemies, in which case the Commandant-General shall have supreme command
over the whole army.

ARTICLE 103.--We must understand by

(_a_) Maintenance of order: the execution of the laws, the carrying out
of sentences after receiving orders, and the consideration of measures
of general and local interest; also the supervision over the natives,
and the repression of vagrancy and vagabondage in the field-cornetcies.

(_b_) Commandos on occasion of rebellion among the natives: bringing
Kaffir chiefs to their duty.

(_c_) Commandos for the suppression of disorders among the white
population: dispatching sufficient force to the district where disorder
has broken out; and by

(_d_) Defence of the country and carrying on war: carrying out martial
law and taking the field at the head of the army.

ARTICLE 104.--All subordinates receive orders from the officers
and officials placed above them.

ARTICLE 105.--All the officers except the Commandant-General
shall be, before taking up their office, sworn by the President in
accordance with Article 77. The Commandant-General shall be sworn by
the Volksraad, according to Articles 90 and 106.

ARTICLE 106.--This oath shall be of the following contents:

"I promise and swear solemnly allegiance to the people of this Republic;
that I shall act in my office according to the law, right, and justice,
according to the best of my knowledge and conscience, without respect of
person; that I have made or promised to no one gift or favour to reach
this office; that I shall receive from no one any gift or favour if I
can suspect that this should be done or shown to persuade me in the
duties of my office in favour of the giver or favourer; that I shall
obey the commands of those placed over me according to the law, and
consider only the prosperity, welfare, and independence of the country
and people of this Republic."

ARTICLE 107.--The Field-Cornets shall, lawful prevention being
excepted, give a report every three months to the Landrost of events
among their subordinates in the wards in the past months, and as often
besides that time as a report is required of them. With regard to
military matters, the Field-Cornet is also obliged to report to the
Commandant placed over him, besides the Landrost. If he does not comply
therewith, or in case of negligence, he shall be fined in Rds. 10.

ARTICLE 108.--The Commandants send the three-monthly reports of
the Field-Cornets, with the addition of their own report, besides their
remarks, to the Commandant-General. The latter acts in the same way with
the reports of the Commandants in sending his report to the President,
and without delay these reports must be sent to the President.

ARTICLE 109.--The Field-Cornets shall keep a list of those in
their wards who are liable to duty, and must draw up that list in such a
way that it appears therefrom who must be summoned for the maintenance
of order, so that the duties of the men may be proportionately divided
amongst them.

ARTICLE 110.--The Commandant-General sits in the Executive
Council as member of the same.

ARTICLE 111.--In the field the Commandant-General has the
supervision of the war ammunition of the State.

ARTICLE 112.--The Commandants and Field-Cornets comply with the
commands of the Landrosts, so far as they, according to the regulation
of the laws about the judicial administrative power, come into relation
with the same.

ARTICLE 113.--Notice of the contravention mentioned in Article
107 is given by the officers to the Landrosts of their districts, who
will have to see that the fines are called in.

ARTICLE 114.--A month after the expiration of a commando the
President shall, by means of the Landrost, take care that the assigned
share of the booty comes to the seriously wounded, the widows and
orphans of the dead.


OF THE JUDICIAL POWER AND MAINTENANCE OF JUSTICE.

ARTICLE 115.--The people entrust the administration of justice
to:

(_a_) A High Court.

(_b_) A Circuit Court.

(_c_) The Landrosts, in their capacity as such, and such other officials
as are clothed with judicial competence by the law.

The Courts give judgment as soon as possible after the close of the
case.

The Chief Justice and puisne judges must be duly graduated in law (_in
de rechten gepromoveerd_).

The public ministry of public prosecution rests with the State Attorney,
and under his supervision with the public prosecutors of the various
districts.

The members of the two first Courts are appointed for their lives.

The law regulates the manner in which the discharge shall be granted
them, either honourably or the reverse, in case of misconduct or
incapacity.

ARTICLE 116.--The Landrosts are appointed by the Executive
Council on every occasion on the occurrence of a vacancy. Two persons
possessing the qualifications for officials according to the Grondwet
are proposed to the enfranchised burghers of the district concerned, so
as at the very latest within the period of two months to decide between
the two such candidates by free voting, and to give written notice of
the result of such voting to the Executive Council. The Landrosts must
have been a year enfranchised burghers and be members of a Protestant
Church, have had no criminal sentence to their discredit, and have
reached the age of thirty years.

ARTICLE 117.--The Landrost of the place where the seat of
Government is shall be appointed on recommendation of the Executive
Council by the Volksraad. To be capable of receiving the appointment, it
shall not be required to have been for any time a burgher of the State.

ARTICLE 118.--The Landrosts must at the same time duly provide
security before accepting their office.

ARTICLE 119.--The jury shall be enfranchised burghers who have
had no criminal sentence passed upon them to their discredit, and have
reached the age of thirty years.

ARTICLE 120.--The summons of the jury must be served in such
time that they have, besides the time for the journey, three free days
at their disposal.

ARTICLE 121.--The persons chosen as Landrosts shall, if they
intend to make objections to the choice which has fallen upon them, send
in their objections to the President within the first thirty days after
the choice has fallen upon them.

ARTICLE 122.--If within that time they send in no objection,
they are considered to accept that office.

ARTICLE 123.--The juryman who does not comply with the summons,
mentioned in Article 120, is fined in Rds. 100, unless he can allege
matter of excuse as mentioned in Article 35.

ARTICLE 124.--The Landrosts, before taking their office, take
the following oath before the President and members of the Executive
Council:--

"I promise and swear solemnly allegiance to the people and laws of this
Republic, and that I shall act in my post and office justly and
equitably, without respect of persons, in accordance with the laws and
according to the best of my knowledge and conscience; that I will accept
present or favour from no man, if I can suppose that this has been made
or done with a view to persuade me in favour of the giver or favourer in
my judgment or action. Outside of my office as judge that I shall obey
according to the law the commands of those placed over me, and in
general only consider the maintenance of the law, justice and order, to
the furtherance of the prosperity, the welfare and the independence of
the land and people."

ARTICLE 125.--The members of the jury shall take the following
oath before they hold session:--

"I promise and swear solemnly to act in my office as juryman, justly,
equitably, without respect of persons, according to the best of my
knowledge and conscience, and to give judgment upon the cases and
accusations laid before me for judgment according to law; that I have
accepted present or favour from no man from whom I can suspect that this
has been given or done in order to persuade me in favour of the giver or
favourer in my sentence, and forthwith to consider only the maintenance
of law, right and order, to the furtherance of the prosperity and
welfare of this Republic."

ARTICLE 126.--The Field-Cornets as much as possible settle the
differences between the inhabitants of their districts, and prevent the
bringing of processes. For this end every one is entitled to summon for
this purpose the person with whom he is at variance at a time to be
fixed by the Field-Cornet. The Field-Cornet's costs shall be paid by the
parties according to a tariff.

ARTICLE 127.--All sentences in civil as well as in criminal
cases are delivered in public, and executed in the name of the people of
the South African Republic. Punishments which can be inflicted on white
criminals in this Republic are:--

1. Imprisonment;

2. Hard Labour, with or without irons, according to the nature of the
case;

3. Transportation or Exile; and

4. Death.

No white man can be condemned to lashes on the body, if not expressly so
fixed by law.

ARTICLE 128.--The plaintiffs in appeal shall pay, in case their
appeal be found groundless or be refused, for an appeal from the
sentence of the Landrost's Court 5 Rds. If it appear afterwards that
this appeal is good, then that money is returned.

ARTICLE 129.--The copies of the documents filed by parties
shall be made up by the clerks, and each page thereof shall have 25
lines, and each line, taking one with another, contain twelve syllables;
the clerks shall charge two shillings and four pence for every page.

ARTICLE 130.--In case any one is not able to carry on a case,
and nevertheless thinks he has good grounds for so doing, he shall serve
a written petition to that end upon the Landrost of the Court, before
which he must bring his case. That Court shall grant him the right of
carrying on his case, and exempt him from the payment of law costs,
provided:

(_a_) He has produced a written proof from his Field-Cornet and two of
his neighbors that he is not able to carry it on;

(_b_) That the Court, after a preliminary examination of his demand, and
after having heard the opposite party thereupon, has found that his
demand may be well founded.

ARTICLE 131.--The sittings of the Courts of law shall be held:
Those of the Landrosts every day from 10 a.m. to 3 p.m.

The Higher Courts according to proclamation and rules making provision
therefor.

ARTICLE 132.--The clerk who without sufficient reason leaves
his place unfilled, can be suspended by the Landrost, with notice to the
President, from his office for a definite time, and another can be
appointed in his place after the latter has taken the oath according to
law.

ARTICLE 133.--The Courts of law shall, in fixing punishments,
bear in mind, that as the same punishment can be lighter or heavier for
one man than another, it is the intention of the legislators, to punish
each one equally severely for a similar transgression of the law; and
that punishments may be fixed in accordance therewith.

ARTICLE 134.--The Courts of law shall try as far as possible to
hasten the hearing of cases, and give judgment thereupon as soon as
possible.

ARTICLE 135.--The clerk or the Landrost shall keep a register
of all cases which are brought by parties before the Court, and enter
this register up daily.


OF THE ADMINISTRATIVE POWER, OR THE CIVIL SERVANTS.

ARTICLE 136.--The administrative power of the home government
derives its power from the Executive Council, and is under the commands
of the President and the members of the Executive Council.

ARTICLE 137.--It (_i.e._ the administrative power) is in the
hands of such officials as are fixed by law.

ARTICLE 138.--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.

ARTICLE 139.--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.

ARTICLE 140.--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 is _ex-officio_ chairman of the District
Council, to be chosen by the burghers of the district, consisting of as
many members as there are field-cornetcies.

ARTICLE 141.--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.

ARTICLE 142.--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.

ARTICLE 143.--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.

ARTICLE 144.--All publications are published in the _Staats
Courant_ and made public by the Field-Cornets in their divisions by
calling the inhabitants of those divisions together.

ARTICLE 145.--All officials are obliged to answer as soon as
possible the official letters received by them, and to deal with their
contents.

ARTICLE 146.--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.

ARTICLE 147.--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.

ARTICLE 148.--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.

ARTICLE 149.--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.


OF THE FINANCES OF THE STATE.

ARTICLE 150.--The income of the State and taxes of the
inhabitants are regulated by the law.

ARTICLE 151.--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.

ARTICLE 152.--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.

ARTICLE 153.--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.

ARTICLE 154.--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.

ARTICLE 155.--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.

ARTICLE 156.--All uninspected farms which are under application
must be inspected as soon as possible.

ARTICLE 157.--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.

ARTICLE 158.--No civil servant shall have the right to defend
cases before the courts of law except for himself.

ARTICLE 159.--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.

       *       *       *       *       *


LAW No. 4, 1891.


FOR THE ESTABLISHMENT OF A REPRESENTATION OF THE PEOPLE CONSISTING OF
TWO VOLKSRAADS.

ARTICLE 1.--The legislative power shall rest with a
representation of the people, which shall consist of a First Volksraad
and a Second Volksraad.

ARTICLE 2.--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.

ARTICLE 3.--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.

ARTICLE 4.--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.

ARTICLE 5.--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 to the 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."

ARTICLE 6.--The manner of election of the members of the Second
Volksraad shall be the same as that of the members of the First
Volksraad.

ARTICLE 7.--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.

ARTICLE 8.--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.

ARTICLE 9.--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.

ARTICLE 10.--The members of the Second Volksraad are chosen by
all enfranchised burghers who have reached the age of sixteen years.

ARTICLE 11.--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.

ARTICLE 12.--The members of the Volksraad may not stand to one
another in the relation of father and son or stepson.

ARTICLE 13.--No military officer or official who enjoys a
fixed yearly or monthly salary, as such, may offer himself for election
as member of either Volksraad.

ARTICLE 14.--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.

ARTICLE 15.--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.

ARTICLE 16.--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.

ARTICLE 17.--Each Volksraad chooses its own chairman from among
its own members.

ARTICLE 18.--Each Volksraad appoints, from outside its members,
its own secretary on proposal of the Executive Council.

ARTICLE 19.--Each Volksraad shall have to judge if elections
and the qualifications of its own members are according to law.

ARTICLE 20.--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.

ARTICLE 21.--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.

ARTICLE 22.--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.

ARTICLE 23.--The sessions of both Volksraads shall be held in
public, unless the majority in special cases resolve to revoke the
publicity.

ARTICLE 24.--Each Volksraad shall keep minutes of its
transactions. It shall have these published regularly in the _Staats
Courant_, except the notes of the secret sittings, which shall only be
partly published with the consent of the First Volksraad.

ARTICLE 25.--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.

ARTICLE 26.--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.

ARTICLE 27.--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.

ARTICLE 28.--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.

ARTICLE 29.--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.

ARTICLE 30.--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 the _Staats Courant_ shall take place after the
lapse of eight days from the commencement of the first succeeding
session of the First Volksraad.

ARTICLE 31.--The law or resolution adopted by the Second
Volksraad shall have no force, unless published by the President in the
_Staats Courant_.

ARTICLE 32.--The legal effect of a law or resolution published
by the President in the _Staats Courant_ may not be questioned, saving
the right of the people to make memorials about it.

ARTICLE 33.--This law comes into operation two months after
publication in the _Staats Courant_.

S.J.P. KRUGER,
_President._
DR. W.J. LEYDS,
_Secretary of State._

GOVERNMENT OFFICES,
PRETORIA, 23rd June, 1890.




CHAPTER III.

FULL TEXT OF THE FRANCHISE LAW. PUBLISHED JULY 26, 1899. LAW NO. 3.


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:

ARTICLE 1.--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 Sections _a_, _b_ and
_c_.

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.

ARTICLE 2.--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 the _Staats Courant_
for general information, and the State Secretary shall without loss of
time publish such notice three consecutive times in the _Staats
Courant_.

ARTICLE 3.--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 intention to 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 the _Staats 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 the _Staats Courant_ in which the notice
was published.

ARTICLE 4.--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, Section _a_, 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 the _Staats 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.

ARTICLE 5.--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.

ARTICLE 6.--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, Sections _a_ and _b_. 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, Sections _a_, _b_ and _d_.

ARTICLE 7.--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 full franchise, 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.

ARTICLE 8.--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.

ARTICLE 9.--All laws and provisions, in so far as they are in
conflict with this Law, are hereby repealed.

ARTICLE 10.--This Law comes into force immediately after
publication in the _Staats Courant_.

S.J.P. KRUGER,
_State President._
F.W. REITZ,
_State Secretary._

GOVERNMENT BUILDINGS,
PRETORIA, July 26, 1899.

       *       *       *       *       *


SCHEDULE A.

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.

       *       *       *       *       *


PROPOSED MODIFICATIONS.

PROPOSAL OF GREAT BRITAIN FOR A JOINT INQUIRY.

_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.


ALTERNATIVE PROPOSAL OF THE SOUTH AFRICAN REPUBLIC.

_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 suggest the 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 and
scope 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 internal
affairs 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.


NOTE.

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.




CHAPTER IV.

ULTIMATUM OF SOUTH AFRICAN REPUBLIC, OCTOBER 9, 1899.


The Government of the South African Republic feels itself compelled to
refer the Government of Her Majesty the Queen of Great Britain and
Ireland once more to the Convention of London, 1884, concluded between
this Republic and the United Kingdom and which in its XIVth Article
secures certain specified rights to the white population of this
Republic, namely, that "All persons, other than natives, conforming
themselves to the laws of the South African Republic (_a_) will have
full liberty, with their families, to enter, travel, or reside in any
part of the South African Republic; (_b_) they will be 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 those of the franchise and representation
of the people in this Republic, and although thus the exclusive right of
this Government and of the Volksraad for the regulation of that
franchise and representation is indisputable, yet this Government has
found occasion to discuss in a friendly 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 your note of the
12th September, replied to by the note of this Government of the 15th
September, and your note of the 25th September, 1899, and thereafter
further friendly negotiations broke off and this Government received the
intimation that the proposal for a final settlement would shortly be
made, but although this promise was once more repeated no proposal has
up to now reached this Government. Even while friendly correspondence
was still going on an increase of troops on a large scale was introduced
by Her Majesty's Government, and stationed in the neighborhood of the
borders of this Republic. Having regard to occurrences in the history of
this Republic which it is unnecessary here to call to mind, this
Government felt obliged to regard this military force in the
neighborhood of its borders as a threat against the independence of the
South African Republic, since it was aware of no 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 feels itself called upon and obliged to press earnestly
and with emphasis for an immediate termination of this state of things
and to request Her Majesty's Government to give it the 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 place within the
above-mentioned time in the nearer directions of our borders this
Government will be compelled to regard that also as a formal declaration
of war.


REPLY OF GREAT BRITAIN.

_October 10, 1899._

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




CHAPTER V.

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

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


The Volksraad, having heard the second paragraph of His Honor's opening
speech and the official 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."


CORRESPONDENCE BETWEEN GREAT BRITAIN AND ORANGE FREE STATE.

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

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


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

I have the honour to acknowledge Your Excellency's telegrams of this
evening. The high-handed and unjustifiable policy and conduct of Her
Majesty's Government in interfering in and dictating in the purely
internal affairs of South African Republic, 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 VI.

CONSTITUTION OF THE ORANGE FREE STATE.


_Chapter I.--Citizenship._

SECTION I.--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.

SECTION II.--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 expressed when a man settles in a foreign country
longer than two years.


_Chapter II.--Burgher Service._

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


_Chapter III.--Qualifications of those 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 the President 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 enfranchised burghers;
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.