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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
divides the waters which fall into the Kat River above Fort Beaufort from those which fall into the said river below the said fort; keeping this ridge until it joins the first rivulet below the said fort, as marked in the said map, and thence the said rivulet itself to its junction with the said Kat River, and thence the course of the Kat River to its junction with the Great Fish River, and thence the latter river to its mouth.
IX. No Kafir, armed or unarmed, single or in number, male or female, shall be allowed to cross the boundary line particularized in the foregoing Article VIII, westward, and no British subject, armed or unarmed, single or in number, shall be allowed to cross the same eastward, except with permission, and under the restriction hereinafter to be specified in Articles XIV and XXI, save and except the military parties or escorts communicating with and between the posts mentioned in Article VII of this Treaty.
X. The said contracting chiefs shall, when called upon by the said Lieutenant-Governor, and previous to the occupation of any part of the territory thus granted to them, with the concurrence of the said Lieutenant-Governor, or person appointed by him, fix upon certain points in their said territory, as near to the said boundary line particularized in Article VIII, and to each other, as convenient, at each of which they shall station a chief or responsible man of the tribe, to be called, for the sake of distinction, "pakati,” to reside there, and to act as a guard.
It shall be the duty of such amapakati to keep a good and constant understanding with the commanding officer of the military post on the colonial side of the said boundary which shall be nearest to their said residencies, and to do every thing in their power to prevent inroads or aggressions either on the part of the colonists against the Kafirs, or of the Kafirs against the colonists.
The amapakati who shall be so stationed, must, by the said contracting chiefs, be made known, by name, to the officer commanding the military posts nearest to such station, and any change, either of person or station, which may take place with reference to the said amapakati, must be previously communicated to the said officer.
The amapakati shall be responsible to their own chiefs, who will see the necessity of selecting for such stations trustworthy men, and to punish every neglect, fraud, or deception, which they may commit, as the said contracting chiefs hereby pledge themselves to do.
XI. The said Lieutenant-Governor engages, on the part of His said Majesty, to place one or more agent or agents to reside in convenient situations near the residence of some of the principal chiefs, which agents shall act solely in a diplomatic capacity; and the said contracting chiefs bind themselves to respect such agents as the representatives of the British Government, and to protect their persons, families, and properties, to the utmost of their
power, and to leave them full liberty of ingress and egress through their (the chiefs') territory, or across the boundary into the colony, at all times, without the least molestation or hindrance.
XII. All representations, complaints, or applications, which may be made on the part of the colonists or their Government, to or against the Kafirs, or on the part of the Kafirs, to or against the colonists or their Government, shall be made through the said diplomatic agent, or agents, who shall be bound to observe the strictest impartiality and justice, and to exert their utmost abilities to promote the peace and prosperity of the colonists, as well as of the Kafirs, to maintain the rights of both parties inviolate, and to cause the provisions of this Treaty to be strictly observed.
XIII. The said contracting chiefs bind themselves to afford free access to the said agents to all persons from the colony, provided with such passes as shall be hereinafter specified. They also agree that Kafirs may be engaged by the Colonial Government, and stationed at the military posts as policemen, and pledge themselves that they, or any others employed as such policemen, shall have free access into their territory, either with messages, or in tracing out, with the assistance of the amapakati, depredations, or such criminals as shall have committed crimes in, and escaped from, the colony, promising also to give them, and cause them to receive, in their said territory, every assistance and protection.
XIV. Any British subject, desirous of crossing the boundary into the territory inhabited by the Kafirs, with the view of communicating with one of the agents, shall be bound to obtain a pass from the officer commanding the post nearest to the spot where he wishes to cross the boundary: the officer shall send a messenger with him to the pakati who may be stationed nearest to the said spot, according to the provisions in the Xth Article of this Treaty, which pakati shall be bound to cause such person to be safely conducted to the station of the resident agent with whom he intends to communicate; but no person, so entering such territory, shall be at liberty to go with firearms, or other weapons of offence or defence, except with the consent of the said amapakati or of a chief.
XV. From the provisions of the foregoing Article XIV, are to be excluded all those who shall belong to any of the military posts, or to the escorts conducting the supplies, or keeping open the communication, as mentioned in Article VII of this Treaty, all which persons shall be strictly under military control, and on no account be allowed to do that which any soldier of such escort would not be allowed to do. Provided, also, that the free communication between the Kat and Konappe Rivers, and the Tambookie country, or the Shiloh missionary institution, through the now uninhabited country west and northwest of the Luheri, continue uninterrupted as hitherto.
XVI. Any British subject entering the said territory under any other circumstances than those mentioned in the 2 foregoing Articles, can do so only with the consent of the Kafirs themselves, and at their own risk. And the said contracting chiefs, and those acting under their authority, shall be fully authorized to send out of the said territory those who shall so enter the same without their consent; and it is hereby clearly understood that all persons who shall enter the said territory (save and except such as are excepted in the foregoing XVth Article) shall be, and are considered to be, subject to the laws of the Kafirs, as long as they remain in the said territory.
XVII. Such British subjects as shall obtain licences to trade beyond the said boundary, shall not be allowed to enter the said territory without the consent of the said contracting chiefs, who, however, pledge themselves and promise to encourage trade and commerce to the utmost of their power, and to protect and encourage those traders whom they shall permit to enter their territory, as long as they conduct themselves orderly and lawfully, with all their means and authority, to cause their persons, families, and property to be respected and inviolate, never to allow any of them, or any other British subject in the said territory, to be prosecuted, fined, or in any way made to suffer by any proceeding or custom connected with witchcraft; but on the contrary, to give such British subjects at all times free access to the British agents, and to pay due attention to the representations of such agents, as well as to give satisfaction and redress upon their just remonstrances or complaints; but the said agents shall not be bound or permitted to extend their interference or protection in case of any seizure, to whatever extent, made upon the property of any British trader, or other person among the Kafirs, who shall be proved to them to have imported into the territory occcupied by the Kafirs such articles as are by the laws of the colony forbidden to be carried for sale across the frontier.
XVIII. The said contracting chiefs do also promise and agree to allow free access to all British vessels, to any harbour or port of the coast, not only for the purposes of trade, but also for the landing of military stores or supplies, and for the conducting and conveying of the same to any military post on the frontier, accompanied, if necessary, by military escorts, without, however, conceding the right of constructing forts, or other military works, or maintaining a garrison at such harbour or port. And the said chiefs do also promise, in case of any shipwreck on the said coast, to give full protection and safe conduct to the nearest military post, to all persons and property