Part 15

'Who speaks about a boundary line?' said another speaker, probably a heavy loser. 'Is it a thing that a man can eat? Where are our cattle?'

"As I have already said, I shall never forget the scene in which these and similar speeches were made at my waggon as the sun went down peacefully--the sun which had witnessed the treaty-signing and the rejoicings at Mafeking. Its departing rays now saw the cattle of the Barolong safe in the Transvaal, and the Barolong owners and Her Majesty's Deputy Commissioner looking at one another, at Mafeking."

Mr. Mackenzie then resolved what to do, and announced that he would at once cross the boundary and go himself to the nearest Transvaal town to demand redress. There was a hum of approval, with a sharp enquiry from Montsioa,--did he really mean to go himself? "Having no one to send, I must go myself," Mackenzie replied. The old Chief, in a generous way, half dissuaded him from the attempt. "The Boers cannot be trusted. What shall I say if you do not return?" "All right, Montsioa," replied Mackenzie, "say I went of my own accord. I will leave my wife under your care."

"Poor old fellow," writes Mackenzie, "brave-hearted, though 'only a native,' he went away full of heaviness, promising me his cart and harness, and an athletic herd as a driver, to start early next morning."

Mr. Mackenzie had little success in this expedition. He was listened to with indifference when he represented to certain Landdrosts and Field Cornets that he had not come to talk politics, but to complain of a theft. Those to whom he spoke looked upon the cattle raid not as robbery, but as "annexation" or "commandeering." A man, listening to the palaver, exclaimed: "Well, anyhow, we shall have cheap beef as long as Montsioa's cattle last." At the hotel of the place Mr. Mackenzie met some Europeans, who were farming or in business in the Transvaal. They said to him: "Mr. Mackenzie, we are sorry to have to say it to you, for we have all known you so long, but, honestly speaking, we hope you won't succeed; the English Government does not deserve to succeed after all that they have made us--loyal colonists--suffer in the Transvaal. For a long time scarcely a day has passed without our being insulted by the more ignorant Boers, till we are almost tired of our lives, and yet we cannot go away, having invested our all in the country."

"Many such speeches were made to me," says Mackenzie, "I give only one."

I cannot find it in my heart to criticize the character of the Boers at a time when they have held on so bravely in a desperate war, and have suffered so much. There are Boers and Boers,--good and bad among them,--as among all nations. We have heard of kind and generous actions towards the British wounded and prisoners, and we know that there are among them men who, in times of peace, have been good and merciful to their native servants. But it is not magnanimity nor brutality on the part of individuals which are in dispute. Our controversy is concerning the presence or absence of Justice among the Boers, concerning the purity of their Government and the justice of their Laws, or the reverse.

I turn to their Laws, and in judging these, it is hardly possible to be too severe. Law is a great teacher, a trainer, to a great extent, of the character of the people. The Boers would have been an exceptional people under the sun had they escaped the deterioration which such Laws and such Government as they have had the misfortune to live under inevitably produce.

A pamphlet has lately been published containing a defence of the Boer treatment of Missionaries and Natives, and setting forth the efforts which have been made in recent years to Christianize and civilize the native populations in their midst. This paper is signed by nine clergymen of the Dutch Reformed Church, and includes the name of the Rev. Andrew Murray, a name respected and beloved by many in our own country. It is welcome news that such good work has been undertaken, that the President has himself encouraged it, and that a number of Zulus or Kaffirs have recently been baptized in the Dutch Reformed Church of the Transvaal. But the fact strikes one painfully that in this pleading, (which has a pathetic note in it,) these clergymen appear to have obliterated from their mind and memory the whole past history, of their nation, and to have forgotten that the harvest from seed sown through many generations may spring up and bear its bitter fruit in their own day. They do not seem to have accepted the verdict, or made the confession, "we and our fathers have sinned." They seem rather to argue, "our fathers may have sinned in these respects, but it cannot be laid to our charge that we are continuing in their steps."

No late repentance will avail for the salvation of their country unless Justice is now proclaimed and practised;--Justice in Government and in the Laws.

Their Grondwet, or Constitution, must be removed out of its place for ever; their unequal laws, and the administrative corruption which unequal laws inevitably foster, must be swept away, and be replaced by a very different Constitution and very different Laws. If this had been done during the two last decades of Transvaal history, while untrammelled (as was desired) by British interference, the sincerity of this recent utterance would have deserved full credit, and would have been recognized as the beginning of a radical reformation.

The following is from the last Report of the Aborigines Protection Society (Jan., 1900). Its present secretary leans towards a favourable judgment of the recent improvements in the policy of the Transvaal, and condemns severely every act on the part of the English which does not accord with the principles of our Constitutional Law, and therefore this statement will not be regarded as the statement of a partisan: "It is laid down as a fundamental principle in the Transvaal Grondwet that there is no equality of rights between white men and blacks. In theory, if not in practice, the Boers regard the natives, all of whom they contemptuously call Kaffirs, whatever their tribal differences, pretty much as the ancient Jews regarded the Philistines and others whom they expelled from Palestine, or used as hewers of wood and drawers of water, but with added prejudice due to the difference of colour. So it was in the case of the early Dutch settlers, and so it is to-day, with a few exceptions, due mainly to the influence of the missionaries, whose work among the natives has from the first been objected to and hindered. It is only by social sufferance, and not by law, that the marriage of natives with Christian rites is recognised, and it carries with it none of the conditions as regards inheritance and the like, which are prescribed by the Dutch Roman code in force with white men. As a matter of fact, natives have no legal rights whatever. If they are in the service of humane masters, mindful of their own interests and moral obligations, they may be properly lodged and fed, not overworked, and fairly recompensed; but from the cruelties of a brutal master, perpetrated in cold blood or a drunken fit, the native practically has no redress."

The Rev. John H. Bovill, Rector of the Cathedral Church, Lorenço Marquez, and sometime Her Majesty's Acting Consul there, has worked for five years in a district from which numbers of natives were drawn for work in the Transvaal, has visited the Transvaal from time to time, and is well acquainted with Boers of all classes and occupations. He has given us some details of the working out--especially as regards the natives--of the principles of the Grondwet or Constitution of the Transvaal.

To us English, the most astonishing feature, to begin with, of this Constitution, is that it places the power of the Judiciary below that of the Raad or Legislative Body. The Judges of the Highest Court of Law are not free to give judgment according to evidence before them and the light given to them. A vote of the Raad, consisting of a mere handful of men in secret sitting, can at any time override and annul a sentence of the High Court.

This will perhaps be better understood if we picture to ourselves some great trial before Lord Russell and others of our eminent judges, in which any laws bearing on the case were carefully tested in connection with the principles of our Constitution; that this supreme Court had pronounced its verdict, and that the next day Parliament should discuss, with closed doors, the verdict of the judges, and by a vote or resolution, should declare it unjust and annul it.

Let us imagine, to follow the matter a little further on the lines of Transvaal justice, that our Sovereign had power to dismiss at will from office any judge or judges who might have exercised independence of judgment and pronounced a verdict displeasing to Parliament or to herself personally! Such is law and justice in the Transvaal; and that country is called a Republic! "This is Transvaal justice," says M. Naville; "a mockery, an ingenious legalizing of tyranny. There are no laws, there are only the caprices of the Raad. A vote in a secret sitting, that is what binds the Judges, and according to it they will administer justice. The law of to-day will perhaps not be the law to-morrow. The fifteen members of the majority, or rather President Kruger, who influences their votes, may change their opinion from one day to the next--it matters not; their opinion, formulated by a vote, will always be law. Woe to the judge who should dare to mention the Constitution or the Code, for there is one: he would at once be dismissed by the President who appointed him."

It was prescribed by the Grondwet that no new law should be passed by Parliament (the Volksraad) unless notice of it had been given three months in advance, and the people had had the opportunity to pronounce upon it. This did not suit the President; accordingly when desirous of legalizing some new project of his own, he adopted the plan of bringing in such project as an addition or amendment to some existing law, giving it out as no new law, but only a supplementary clause. Law No. 1 of 1897 was manipulated in this manner. By this law, the Judges of the High Court were formally deprived of the right to test the validity of any law in its relation to the Constitution, and they were also compelled to accept as law, without question or reservation of any kind, any resolution passed at any time and under any circumstances by the Volksraad. This Law No. 1 of 1897 was passed through all its stages in three days, without being subjected in the first instance to the people.

But I am especially concerned with what affects the natives.

Article 1 of this section says:--A native must not own fixed property.

(2) He must not marry by civil or ecclesiastical process.

(3) He must not be allowed access to Civil Courts in any action against a white man.

Article 9 of the Grondwet is not only adhered to, but is exaggerated in its application as follows:--"The people shall not permit any equality of coloured persons with white inhabitants, neither in the Church, nor in the State."

"These principles" says Mr. Bovill, "are so engrained in the mind of an average Boer that we can never expect anything to be done by the Volksraad for the natives in this respect. It appears inconceivable," he continues, "that a Government making any pretence of being a civilized power, at the end of the nineteenth century, should be so completely ignorant of the most elementary principles of good government for such a large number of its subjects."

As to the access by the natives to the Courts of Law.

"If you ask a native he will tell you that access to the law-courts is much too easy, but they are the Criminal Courts of the Field Cornets and Landdrosts. He suffers so much from these, that he cannot entertain the idea that the Higher Courts are any better than the ordinary Field Cornets' or Landdrosts'. However, there are times when with fear and trepidation he does appeal to a Higher Court. With what result? If the decision is in favour of the native, the burghers are up in arms, crying out against the injustice of a judgment given in favour of a black against a white man; burghers sigh and say that a great disaster is about to befall the State when a native can have judgment against a white man. The inequality of the blacks and superiority of the white (burghers) is largely discussed. Motions are brought forward in the Volksraad to prohibit natives pleading in the Higher Courts. Such is the usual outcry. Summary justice (?) by a Landdrost or Field Cornet is all the Boer would allow a native. No appeal should be permitted, for may it not lead to a quashing of the conviction? The Landdrost is the friend of the Boer, and he can always "square" him in a matter against a native. "It was only to prevent an open breach with England that these appeals to the Higher Courts were permitted in a limited degree."

No. 2.--The Native Marriage Laws. "Think," says Mr. Bovill, "what it would mean to our social life in England if we were a conquered nation, and the conquerors should say: 'All your laws and customs are abrogated; your marriage laws are of no consequence to us; you may follow or leave them as you please, but we do not undertake to support them, and you may live like cattle if you wish; we cannot recognise your marriage laws as binding, nor yet will we legalise any form of marriage among you.' Such is in effect, the present position of the natives in the Transvaal.

"I occasionally took my holidays in Johannesburg, and assisted the Vicar, during which time I could take charge of Christian native marriages, of which the State took no cognisance. A native may marry, and any time after leave his wife, but the woman would have no legal claim on him. He could marry again as soon as he pleased, and he could not be proceeded against either for support of his first wife or for bigamy. And so he might go on as long as he wished to marry or could get anyone to marry him. The same is applicable to all persons of colour, even if only slightly coloured--half-castes of three or four generations if the colour is at all apparent. All licenses for the marriage of white people must be applied for personally, and signed in the presence of the Landdrost, who is very cautious lest half-castes or persons of colour should get one. Colour is evidently the only test of unfitness to claim recognition of the marriage contract by the Transvaal State.

"The injustice of such a law must be apparent; it places a premium on vice. It gives an excuse to any 'person of colour' to commit the most heinous offences against the laws of morality and social order, and protects such a one from the legal consequences which would necessarily follow in any other civilised State."