menced immediately after such property was stolen, that if the robbery was committed during the night, the property had been, when stolen, properly secured in kraals, stables, or the like, and that the pursuit in that case was commenced, at latest, early next morning,) such person shall be at liberty to proceed direct to the pakati living nearest the spot where he can swear such traces to have crossed the said line, which pakati shall be bound at once to receive the statement, examine the traces, and if the statement appear well founded, use his utmost endeavour to recover the stolen property, as well as the perpetrators pursued; and it will be at the option of the party pursuing to continue the search at once, under the guidance of the said pakati, provided he do not go armed, or accompanied by armed British subjects, or assist in any violence of any kind within the said territory. If the party pursuing shall thus, with the assistance of the said pakati, or with that of the police, to be hereafter named, recover the property pursued, he shall be at liberty to proceed with the same, either to one of the said agents or to one of the military posts, most convenient to himself, in order to make before such agent or officer commanding such post, a statement of his proceedings, and the quantity and nature of the property recovered, which statement he shall be liable at all times to be called upon to make oath to; after making which statement he shall be at liberty to carry off the said property, leaving the said pakati or police to pursue the criminal, and to recover compensation for their exertions, by means of the Kafir chiefs, and their councils, according to the Kafir usage; and the said contracting chiefs do hereby bind themselves, in all such cases, to exert themselves to the utmost to cause such criminals to be apprehended and punished, as well as on all occasions to cause the said chiefs and policemen to be equitably rewarded for their exertions.

XXV. If, however, a party pursuing stolen property and depredators, in the manner specified in the foregoing Article, shall deem it more safe, or convenient, or expeditious to proceed to the nearest military post, he shall be at liberty to do so. The officer commanding such post shall provide such party (after he shall have stated himself prepared to make oath required in the said foregoing Article) with a policeman, who shall accompany such pursuing party to the spot where the said traces cross the said line, and examine the same with the assistance of the said pakati, whose presence must be obtained. He, the said pursuer, shall then, if he do not think fit or safe to follow the spoor further, or, having so followed the same, prove unsuccessful, proceed to the resident agent for the chiefs into whose territory the criminals and property were traced, and, before the said agent, lodge his complaint upon oath, and, in case of lost property, swear particularly to the circumstances stated in the said foregoing Article, and also the exact value of the property stolen, and not

recovered. Unless this affidavit be made, the agent shall take no further notice of the case; but, as soon as such affidavit shall be made, the said agent shall, if he have no reason to discredit the same, (he being at all times at liberty to demand further proof, and it being at all times the bounden duty of the party complaining to produce good and sufficient proof), to lay the case before the chiefs of the territory into which the criminals and property were traced. And the said chiefs do hereby engage to call a council, and to enter into the strictest investigation, to cause the stolen property to be recovered, if possible, and the perpetrators punished. And the said chiefs do further pledge themselves and engage, that if, at the end of one month after the case shall have been laid before them, the said perpetrators or property shall not have been discovered, and if it shall, nevertheless, have been clearly proved, before them and their said council, by the evidence of the said pursuer, pakati, and policeman, or other proof, that the property was traced into their territory, they, the said chiefs, shall at once indemnify the person robbed to the full value of the property lost, and no more, and compensate the said pakati and police for their exertions.

XXVI. With the exception of indemnification, obtained through the said chiefs and council in the manner specified in the foregoing Article, no person pursuing stolen property shall be allowed to take any but his own property, or the identical property he is in pursuit of, even if tendered to him, on pain of having to restore the property so taken, and losing all further claim to the property actually lost.

XXVII. The said contracting chiefs do agree, promise, and pledge themselves to encourage and protect by every means in their power, the propagation of the Christian religion throughout their territories, as also to protect, in their persons, families, and property, the teachers and ministers of the said religion, and all British subjects of whatever description, who may sojourn in, or enter into, the said territory, with their consent, or according to the terms of this Treaty, as long as they conduct themselves with propriety and submission to the law, and never, under any circumstances, to allow them to be molested, or subjected to any prosecutions or penalties, upon the plea or pretence of the laws and usages connected with, or instituted against witchcraft, as also to leave them free access to and communication with the colony.

XXVIII. The said contracting chiefs do also agree, promise, and pledge themselves to abstain, and cause their tribe to abstain, from any way molesting or interfering with the Fingoes, who are or will be located in the said ceded territory, but to consider them as under British protection; to leave them in full enjoyment of their property, laws, or customs, and in no way to avenge any grievance or dispute [1844-45.]

3 U

which may Fingoes.

heretofore have existed between the Kafirs and the said

The said contracting chiefs also promise to remain at peace with the other tribes of Kafirs, cautiously to abstain from reviving any difference or jealousy, which may heretofore have existed among them, and particularly those which may have been caused by any proceeding of any party during the late war. And the said chiefs also promise solemnly to live at peace with the Tambookies, and to do everything in their power to promote the tranquillity of the several tribes of their own nation, and all other bordering tribes, as well as of the colonists.

Thus done and agreed, sealed and signed, at King William's Town, this 5th day of December, 1836.

Provisionally ratified in Council, Cape Town, June 1, 1837.

B. D'URBAN, Governor.

8.-TREATY with the Kafir Chiefs of the Tribe of Congo.-Signed at King William's Town, December 5, 1836.

Treaty entered into between Andries Stockenstrom, Esq., LieutenantGovernor of the Eastern Division of the Colony of the Cape of Good Hope, on the part of His Britannic Majesty, and the Kafir Chiefs of the Tribe of Congo, viz.: Pato, Kama, and Cobus, for themselves and the said tribe: when, after several preliminary discussions on various occasions, and the fullest explanations, by means of the official interpreter, Mr. Theophilus Shepstone, assisted by interpreters of the said Chiefs' own choosing, the following Articles of Convention were fully agreed upon, in the presence of Hougham Hudson, Esq., Agent-General, and Charles Lennox Stretch, Esq., John Mitford Bowker and Richard Southey, Esqrs., resident Agents for the Kafir tribes, as also several Kafir Chiefs and Councillors; subject nevertheless, to the ratification by or on behalf of His said Majesty. ART. I. There shall be peace and amity for ever between Ilis said Britannic Majesty, his subjects-particularly those of the

said colony-and the Kafir nation; and both parties shall honestly and faithfully use their utmost endeavours to prevent a rupture of the same, to remove every cause for disagreement which may occur, and scrupulously to abide by the engagements contained in this Treaty.

II. The boundary between the said colony, and the territory restored to the Kafirs by proclamation of this day, is, and shall be understood to be, that which was agreed upon between the then Governor, Lord Charles Somerset, and the Kafir Chief Gaika, in the year 1819, viz.,-The Keiskamma River, from its mouth up to its junction with the Chumie River; thence the latter river up to where it touches a ridge of high land which is connected with the Kat Berg, and which separates the waters which fall into the Chumie from those which fall into the Kat River; thence the said ridge to its junction with the Kat Berg; thence the Kat Berg itself, and the high ground and ridges which connect it with the Luheri or Gaika's Peak, and the great chain of the Winterberg, up to the Winterberg's highest point; thus including within the colony all the branches of the Kat and Gonappe Rivers, up to their extreme sources, and including in Kaffraria all the branches of the Chumie. And in order to prevent all doubt or dispute for the future, as to the said ridge from the Kat Berg to the Chumie, the said contracting parties have, on the 28th and 29th ultimo, gone over the ground together, and in the presence of Lieutenant Williams, of the Royal Engineers, who will carefully mark the said boundary on the map, as also in the presence of the resident agent Stretch, and several Kafir chiefs, who will cause conspicuous beacons to be erected on the spot where the said ridge touches the Chumie-as also where the western boundary of the ceded territory referred to in the VIIIth Article of this Treaty joins the said ridge; and in more minutely defining the said line, the highest part of the said ridge shall be taken from which the waters take their natural course, either into the Chumie above said first-mentioned beacon, or into the Kat River.

III. The said contracting chiefs do, for themselves, their tribe, and their heirs and successors, acknowledge the right of full sovereignty of His said Britannic Majesty over the territory to the west of the said line, renouncing for ever all claim which they, the said chiefs, or tribe, may ever have had, or supposed to have had, to the same, or any part thereof.

IV. The said contracting chiefs therefore accept, as a special mark of His said Majesty's grace and favour, any part of the territory between the Keiskamma and the Kat River, as a loan, to be by them, or their tribe, or any part thereof, held upon such terms, and to such extent, as shall be laid down by, or on the part of, His said Majesty,

which terms shall be incorporated in this Treaty; they, the said chiefs, promising at no period ever to lay claim to the possession, or occupation of any other part of the territory, known by the name of the ceded territory, except such part as shall be allotted to them in the manner herein above stated.

V. The said Lieutenant-Governor doth hereby, in the name of His said Majesty, grant unto the said chiefs, their tribe, that part of the said territory called the ceded territory, to be specified at the foot of this Treaty, according to a map, to be formed by a competent officer, and to be hereunto annexed, which territory shall be held by the said chiefs and tribe, their heirs and successors, in perpetuity, never to be reclaimed by, or on behalf of, His said Majesty, except in case of hostility committed, or a war provoked by the said chiefs, or tribe, or in case of a breach of this Treaty, or any part thereof, and for which breach satisfaction or redress shall not be otherwise given or obtained.

VI. The said contracting chiefs and their tribe shall, in the said territory so granted unto them, enjoy the full and entire right to adopt, or adhere to, the Kafir laws, or any other law, which they may see fit to substitute, as also to expel or exclude from the same any person whom they do not think proper to admit or retain; and with the exception of the contingencies of hostility, war, or breach of these Treaties, specified in the foregoing Article V, the right of His said Majesty to the dominion over the said territory shall in no way be exercised therein, any more than in any part of Kaffraria itself; subject, however, to the restrictions and conditions specified in the following Article.

VII. His Majesty reserves his right of stationing troops and building forts in the said territory, and availing himself for that purpose of all the facilities and materials within the same, as also to appropriate a certain necessary space round said forts, to be regularly marked out for the use thereof; also to keep open the communication with and between the said forts, and to send supplies to the same; but no patroling through or scouring of the said territory is to be permitted to the said troops, who are not to deviate from the said lines of communication, or in any way to molest, disturb, or interfere with the inhabitants.

VIII. The country to be occupied and inhabited by British subjects will be bounded on the Kafir side by the chain of mountains and ridge of high land particularized in the IInd Article of this Treaty, from the highest point of the Winterberg, to where said ridge approaches nearest to Fort Beaufort, on the spot marked by the beacon, as specified in Article II of this Treaty, and to be laid down on the map, as there agreed; from this spot along a ridge which