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Such persons and corporations shall have to answer for their deeds before the legal and competent courts of this Republic.
I further proclaim that I will address the inhabitants of Johannesburg to-morrow by a separate proclamation.
G.o.d save Land and People.
Given under my hand at the Government Office at Pretoria on this Ninth Day of January, in the Year One Thousand Eight Hundred and Ninety-six.
S.J.P. KRUGER, State President.
C. VAN BOESCHOTEN, Acting State Secretary.
The grim, cautious method of the President was never better ill.u.s.trated than by these proclamations and the concurrent actions. In no part of his diplomatic career has he better stage-managed the business than he did here. To the world at large these addresses commend themselves no doubt as reasonable and moderate, and they establish a record which will always speak for him when the chronology of events is lost; but the true worth of it all is only appreciated when one realizes that the first proclamation extending the time for disarmament, and promising amnesty to all except the leaders, was not issued until two days after the Government had satisfied themselves that the disarmament had been completed, and that it was deliberately held back until the police and burghers were in the outskirts of the town ready to pounce upon the men with whom they had been treating. It is an absolute fact that the Reform Committee-men, who had offered to effect the peaceful settlement seemingly desired by all parties, who had used every means in their power to convince the Government that disarming was being effected in a bona fide and complete manner, and who had themselves supplied the Government in good faith with any doc.u.ments they had showing the number of guns and the amount of ammunition which had been at the disposal of the Reform Committee, had not the remotest suspicion that an act of treachery was in contemplation, nor any hint that the Government did not regard them as amnestied by virtue of the negotiations; and it is a fact that when the proclamation of the 9th was issued the detectives were waiting at the clubs, hotels and houses to arrest the members of the Reform Committee, and that the Reformers did not know of the proclamation exempting them from the 'Forgive and Forget' until after they had been seized.
On the 10th the address promised to the inhabitants of Johannesburg duly appeared.
After reviewing recent events, it concluded with this appeal:
Now I address you with full confidence! Strengthen the hands of the Government, and work together with them to make this Republic a country where all inhabitants, so to say, live fraternally together. For months and months I have thought which alterations and emendations would be desirable in the Government of this State, but the unwarrantable instigations, especially of the Press, have kept me back. The same men who now appear in public as the leaders have demanded amendments from me in a time and manner which they should not have dared to use in their own country out of fear of the penal law. Through this it was made impossible for me and my burghers, the founders of this Republic, to take your proposals into consideration. It is my intention to submit a draft law at the first ordinary session of the Volksraad, whereby a munic.i.p.ality with a Mayor at its head will be appointed for Johannesburg, to whom the whole munic.i.p.al government of this town will be entrusted. According to all const.i.tutional principles, such a munic.i.p.al council should be appointed by the election of the inhabitants. I ask you earnestly, with your hand upon your heart, to answer me this question: Dare I, and should I, after all that has happened, propose such to the Volksraad? What I myself answer to this question is, I know that there are thousands in Johannesburg to whom I can with confidence entrust this right to vote in munic.i.p.al matters. Inhabitants of Johannesburg, make it possible for the Government to appear before the Volksraad with the motto, 'Forget and Forgive.'
(Signed) S.J.P. KRUGER, State President.
One would think that anyone gifted with even a moderate sense of humour would have been restrained by it from issuing a second proclamation on top of the elaborate fooling of the first. Is it possible to imagine any other community or any other Government in the world in which the ruler could seriously set to work to promulgate two such proclamations, sandwiching as they did those acts which may be regarded as the practical expression-diametrically opposed to the published expression-of his intentions?
In the meantime the negotiations concerning Dr. Jameson were dragging on. After securing the disarmament of Johannesburg and getting rid of the troublesome question of the disposal of Jameson, and after refusing for several days (to quote the gist of the High Commissioner's telegram, Blue Book No. 125 [C-7933]) to allow the necessary arrangements for the deportation of the men to be made, Mr. Kruger suddenly called upon the High Commissioner to have them removed at once, intimating at the same time that it was the decision of the Executive that all the prisoners, except the Transvaal and Free State subjects, whom he would retain, should be sent to England to be tried according to English law. It was pointed out that it was only contemplated to send the officers for trial. To this Mr. Kruger replied: 'In such case the whole question must be reconsidered.' The High Commissioner at once telegraphed for the decision of Her Majesty's Government, stating that it was the opinion of Sir Jacobus de Wet and Sir Graham Bower, who had represented him at the interview with the Transvaal Government, that, if the whole lot were not sent home to be dealt with according to English law, they would be tried in Pretoria, with a result which he feared would be deplorable. To this Mr. Chamberlain replied:
Astonished that Council should hesitate to fulfil the engagement which we understood was made by President with you, and confirmed by the Queen, on the faith of which you secured disarmament of Johannesburg. Any delay will produce worst impression here, and may lead to serious consequences. I have already promised that all the leaders shall be brought to trial immediately; but it would be absurd to try the rank and file, who only obeyed orders which they could not refuse. If desired we may however engage to bring to England all who are not domiciled in South Africa; but we cannot undertake to bring all the rank and file to trial, for that would make a farce of the whole proceedings, and is contrary to the practice of all civilized Governments. As regards a pledge that they shall be punished, the President will see on consideration that although a Government can order a prosecution, it cannot in any free country compel a conviction. You may remind him that the murderers of Major Elliott, who were tried in the Transvaal in 1881, were acquitted by a jury of burghers. Compare also the treatment by us of Stellaland and other freebooters.
The result of this communication was that the President drew in his horns and agreed that if the prisoners were deported to England he would be satisfied to let the British Government decide which of them should be prosecuted.
The success of his diplomatic methods had whetted his appet.i.te, it would appear. He was not content with the conditional surrender of Dr. Jameson, nor-having suppressed the fact that it was conditional-with having used him for the purpose of disarming Johannesburg; but, having achieved both purposes, Mr. Kruger was still desirous of keeping him in hand. This however was a length to which the British Government did not see fit to go; but there is no evidence in the correspondence which has pa.s.sed tending to show that even then Sir Hercules Robinson perceived how he was being made use of and played with by the President.
On the night of the 9th and the morning of the 10th, the members of the Reform Committee to the number of about sixty were arrested and lodged in gaol; and from this moment the High Commissioner appears to have erased them from the tablets of his memory. On January 14 he telegraphed to Mr. Chamberlain as follows:
I have received a letter from Government of South African Republic, stating that, in their opinion, every reason exists for a.s.suming that the complications at Johannesburg are approaching to an end, and that there need be no longer any fear of further bloodshed. The President of the South African Republic and Executive Council tender to me the warmest thanks of the Government of the South African Republic for the a.s.sistance I have been able to render in preventing further bloodshed, and their congratulations on the manner in which my object in coming has been fulfilled. They tender also their cordial acknowledgment of the services rendered by the British Agent at Pretoria, which I think is fully deserved. The Volksraad met yesterday, and adjourned until May, the only business transacted being a vote of thanks to the Orange Free State and the High Commissioner for their efforts in promoting a peaceful settlement, which was carried by acclamation. I now only await settlement of prisoners' difficulty to leave for Capetown, where my presence is urgently needed in consequence of change of Ministers. Governor of Natal and General c.o.x are here, to whom I will give instructions as to reception and disposal of prisoners as soon as I hear from you.
To this Mr. Chamberlain telegraphed a most important reply on January 15:
I am left in great perplexity by your telegram No. 3, of the 14th inst., and fear that some previous telegrams must have miscarried. (Here follow directions to refer to a number of telegrams in which Mr. Chamberlain had indicated the settlement which he antic.i.p.ated, the nature of the reforms which Sir Hercules Robinson was to secure, and many inquiries as to the reason for the arrests of the reformers as reported in the English papers.) I have received no reply to any of these telegrams, but have a.s.sumed that negotiations were in progress between the President and yourself.
There can be no settlement until the questions raised by these telegrams are disposed of. The people of Johannesburg laid down their arms in the belief that reasonable concessions would be arranged by your intervention; and until these are granted, or are definitely promised to you by the President, the root-causes of the recent troubles will remain.
The President has again and again promised reform, and especially on the 30th December last, when he promised reforms in education and franchise; and grave dissatisfaction would be excited if you left Pretoria without a clear understanding on these points. Her Majesty's Government invite President Kruger, in the interests of the South African Republic and of peace, to make a full declaration on these matters. I am also awaiting a reply respecting the alleged wholesale arrests of English, Americans and other nationalities, made after the surrender of Johannesburg.
It will be your duty to use firm language, and to tell the President that neglect to meet the admitted grievances of the Uitlanders by giving a definite promise to propose reasonable concessions would have a disastrous effect upon the prospects of a lasting and satisfactory settlement.
Send me a full report of the steps that you have already taken with regard to this matter, and of the further action that you propose.
In the meantime Sir Hercules Robinson left Pretoria, satisfied that he had done all that was necessary, and telegraphed to Mr. Chamberlain as follows:
FROM THE HIGH COMMISSIONER en route TO CAPETOWN.
15th January, 1896. No. 1.-Your telegram 13 January, No. 1, only reached me last night, after I had left Pretoria. I could if you consider it desirable, communicate purport to President of South African Republic by letter, but I myself think such action would be inopportune at this moment. Nearly all leading Johannesburg men are now in gaol, charged with treason against the State, and it is rumoured that Government has written evidence of a long-standing and widespread conspiracy to seize government of country on the plea of denial of political privileges, and to incorporate the country with that of British South Africa Company. The truth of these reports will be tested in the trials to take place shortly in the High Court, and meanwhile to urge claim for extended political privileges for the very men so charged would be ineffectual and impolitic. President of South African Republic has already promised munic.i.p.al government to Johannesburg, and has stated in a proclamation that all grievances advanced in a const.i.tutional manner will be carefully considered and brought before the Volksraad without loss of time; but until result of trials is known nothing of course will now be done.
Mr. Chamberlain replied to the above:
15th January. No. 5.-Referring to your telegram, No. 1, of the 15th January, see my telegram No. 1 of to-day, which was sent before receipt of yours. I recognize that the actual moment is not opportune for a settlement of the Uitlanders' grievances, and that the position of the President of the South African Republic may be an embarra.s.sing one, but I do not consider that the arrest of a few score individuals out of a population of 70,000 or more, or the supposed existence of a plot amongst that small minority, is a reason for denying to the overwhelming majority of innocent persons reforms which are just in themselves and expedient in the interests of the Republic. Whatever may be said about the conduct of a few individuals, nothing can be plainer than that the sober and industrious majority refused to countenance any resort to violence, and proved their readiness to obey the law and your authority. I hope, therefore, to hear at an early date that you propose to resume discussion with President of South African Republic on lines laid down in my previous telegrams. I do not see that the matter need wait until the conclusion of the trial of the supposed plotters. I am anxious to receive the information asked for in my telegram No. 1 of the 14th January. Please communicate at once with the President on this matter.
The following is the telegram to which allusion is made above:
14th January. No. 1.-Press telegrams state numerous arrests of leading residents on the Rand, including many Americans, Germans, and other nationalities. Fear that number of these arrests of active managers, representatives, may disorganize industry on the Rand. Wish to know of what accused, when brought to trial, whether bail allowed, and what penalities prescribed by law. Shall be glad to learn from President of South African Republic what his intentions are in this matter, which affects the subjects of so many States. Propose to communicate President's reply to American and Belgian Governments, which have already asked us to take charge of interests of their respective citizens.
Sir Hercules Robinson, replied:
15th January. No. 2.-Your telegram of 14th January, No. 1. The accused are between fifty and sixty in number, and are mostly members of the Reform Committee. They have been arrested on charge of treason, and of seeking to subvert the State by inviting the co-operation and entrance into it of an armed force. The proceedings are based, I understand, on sworn information, and the trials will take place before High Court. The accused are being well treated, and are represented by able counsel. It is alleged that Government has doc.u.mentary evidence of a widespread conspiracy to seize upon Government, and make use of the wealth of the country to rehabilitate finances of British South Africa Company. On taking leave of President of South African Republic, I urged on him moderation as regards the accused, so as not to alienate the sympathy he now enjoys of all right-minded persons. Bail is a matter entirely in the hands of Attorney-General. The Government seem acting within their legal rights, and I do not see how I can interfere. Mines are at work, and industry does not seem to be disorganized.
While still on his way to Capetown, the High Commissioner telegraphed to Mr. Chamberlain again in a manner indicating his complete abandonment of the position taken up by him in relation to Johannesburg-in fact, his repudiation of what his own words have recorded against him:
16th January. No. i.-Your telegram of 15th January, No. 1, received. I cannot at this moment follow the complications arising from supposed missing and crossing telegrams, but can only say that no telegram which has reached me from you has remained unanswered.
No promise was made to Johannesburg by me as an inducement to disarm, except that the promises made in the President's previous proclamation would be adhered to, and that Jameson and the other prisoners would not be transferred until Johannesburg had unconditionally laid down its arms and surrendered. I sent your long telegram of 4th January to President; but the question of concessions to Uitlanders has never been discussed between us. Pending result of coming trials, and the extent to which Johannesburg is implicated in the alleged conspiracy to subvert the State is made clear, the question of political privileges would not be entertained by Government of the South African Republic.
He justified the change of policy in another communication addressed to Mr. Chamberlain before he reached Capetown:
16th January. No. 3.-Your telegram of the 15th January, No. 5. If you will leave the matter in my hands, I will resume advocacy of Uitlanders' claims at the first moment I think it can be done with advantage; the present moment is most inopportune, as the strongest feeling of irritation and indignation against the Uitlanders exists both amongst the Burghers and Members of Volksraad of both Republics. Any attempt to dictate in regard to the internal affairs of South African Republic at this moment would be resisted by all parties in South Africa, and would do great harm.
I have already replied in my telegram of 15th January, No. 2, in answer to your telegram of 14th January, No. 1, and I do not think it possible to obtain further information at this stage, the matter being sub judice.
Sir Hercules Robinson left Pretoria on the 14th, having resided within a few hundred yards of Dr. Jameson and his comrades for a week, and of the Reform prisoners for four days, without making any attempt whatever to ascertain their circ.u.mstances or story. During that time his military secretary called upon Dr. Jameson for the purpose of finding out details of the prisoners and wounded of the force, but made no further inquiries. Dr. Jameson's solicitor wrote to the Colonial Office on March 5:
MY DEAR FAIRFIELD, You have probably seen the cable that has come to the Diggers' News, giving the lie direct to Sir John Willoughby's statement respecting terms of surrender.
I have seen Sir John again, and am authorized by him to state, with regard to the criticism that it is incredible that nothing should have been said by the officers when in prison at Pretoria to anybody about the terms of surrender, that it must be remembered that from the time of the surrender until they left Africa none of them were allowed to make any communication. While in gaol they were not allowed to see newspapers or to receive any news of what was going on in Pretoria or elsewhere.
Sir J. Willoughby made a statement to the head gaoler and other officials at the time of his arrival at the gaol when he was searched and all his papers taken from him. He requested to be allowed to keep the doc.u.ment signed by Cronje, as it contained the terms of the surrender, but received as answer that all papers must be taken and that they would be returned afterwards. They were in fact taken and only returned when the officers were removed from the gaol to go to Durban.
My clients did try to get a note through to Johannesburg concealed in a matchbox. They paid twenty-five pounds to get it through, and sent it within thirty-six hours of their arrival in gaol, but they have never been able to ascertain whether it reached its destination.
The gist of it was that they were all right. It never occurred to the prisoners that neither the British Resident nor the High Commissioner would be informed of the terms of the surrender, or that they would not satisfy themselves on this point.
Sir Hercules Robinson might urge, in so far as Dr. Jameson's affair is concerned, that he could not be expected to suspect a deception such as was practised upon him; yet it does seem extraordinary that, being in Pretoria for the purpose of negotiating for the disposal of Dr. Jameson and his comrades, he should not have taken steps to ascertain what there was to be said on their behalf, especially as on his own showing it was for the greater part of the time a question of life and death for the leaders of the force. It is even more difficult to understand why no effort should have been made to communicate with the Reformers. The High Commissioner was thoroughly well aware of the negotiations between them and the Government on January 1. He had received communications by telegraph from the Reformers before he left Capetown; he came up avowedly to settle their business; he negotiated on their behalf and induced them to disarm; he witnessed their arrest and confinement in gaol; yet not only did he not visit them himself, nor send an accredited member of his staff to inquire into their case and conditions, but Sir Jacobus de Wet alleges that he actually, in deference to the wish of the President, desired the British Agent not to hold any communication whatever with the prisoners during his (Sir Hercules Robinson's) stay in Pretoria. Truly we have had many examples of President Kruger's audacity, and of the success of it; but nothing to equal this. That he demanded from Sir Hercules Robinson information as to the objects of the Flying Squadron and the movements of British troops in British territory, and succeeded in getting it, was a triumph; but surely not on a par with that of desiring the High Commissioner not to hold communication with the British subjects whom he, as the official representative of their sovereign, had travelled a thousand miles to disarm, and on whose behalf-ostensibly-he was there to negotiate.
CHAPTER VIII.
ARREST AND TRIAL OF THE REFORMERS.
About half of the members of the Reform Committee were arrested and taken through to Pretoria on the night of the 9th. Others were arrested at various times during the evening and night, were detained in the lock-up at Johannesburg as ordinary felons, and escorted to the Pretoria gaol on the following morning. The scene on their arrival at Pretoria railway station and during their march to the gaol was not creditable to the Boers. A howling mob surrounded the prisoners, hustling them, striking them, and hurling abuse at them incessantly. The mounted burghers acting as an escort forced their horses at the unfortunate men on foot, jostling them and threatening to ride them down. One of the prisoners, a man close on sixty years of age, was thrown by an excited patriot and kicked and trampled on before he was rescued by some of his comrades.
Once within the gaol, the men were searched and locked up in the cells, and treated exactly as black or white felons of the lowest description. In many cases four or five men were incarcerated in single cells 9 feet long by 5 feet 6 inches wide, with one small grating for ventilation. At night they were obliged to lie on the mud floor, or in some cases on filthy straw mattresses left in the cells by former occupants. No provision was made by which they could obtain blankets or other covering-indeed at first it was not necessary, as the overcrowding and lack of ventilation very nearly resulted in asphyxiation. With an inhumanity almost incredible, in one instance one of the prisoners, suffering from fever and dysentery, was locked up for twelve hours with four others in such a cell without any sanitary provisions whatever. Friends in Pretoria induced the authorities, by means not unpopular in that place, to admit a better cla.s.s of food than that allowed to the ordinary prisoners; and it is stated that the first meal enjoyed by the Reformers cost close upon 100 for introduction. Day by day fresh concessions were obtained in a similar manner, with the result that before long the prisoners were allowed to have their own clothing and beds and such food as they chose to order. Nothing however could alter the indescribable sanitary conditions, nor compensate for the fact that the cells occupied by these men were in many cases swarming with vermin.