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 depre dators, 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, which may heretofore have existed between the Kafirs and the said Fingoes.

The said contracting chicfs 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,

9.-TREATY with the Kafir Chiefs of the Tribe of Gaika.-Signed at King William's Town, December 5, 1836. [See Vol. XXV. Page 826.]

10.-TREATY with the Fingo Chiefs.-Signed at Fort Peddie, December 10, 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 Fingo Chiefs Umklambiso Jokwani, when after the fullest explanations, by means of the official interpreter, Mr. Theophilus Shepstone, the following Articles of Convention were fully agreed upon, in the presence of Hougham Hudson, Esq., Agent-General, and John Mitford Bowker, Esq., resident Agent for the Kafir tribes, as also several Fingo 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 His said Britannic Majesty, his subjects, particularly those of the said colony, and the said contracting chiefs and their tribe, 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 said contracting chiefs accept, as a special mark of His said Majesty's grace and favour, any part of the territory between the Keiskamma and the Fish 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,

III. The said Lieutenant-Governor doth hereby, in the name of His said Majesty, grant unto the said chiefs, and 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 com

petent 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 of this Treaty satisfaction or redress shall not otherwise be given or obtained.

IV. The said contracting chiefs and their tribes shall, in the said territory so granted unto them, enjoy the full and entire right to adopt or adhere to their own 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 no not think proper to remit or retain; and with the exception of the contingencies of hostility, war, or breach of these Treaties, specified in the foregoing Article III, the right of His said Majesty to the dominion over the said territory shall in no way be exercised therein; subject, however, to the restrictions and conditions specified in the following Article.

V, 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 patrolling 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.

VI. No Fingo, armed or unarmed, single or in number, male or female, shall be allowed to cross the boundary fixed between the Kafirs and the colonists, and no British subject, armed or unarmed, single or in number, shall be allowed to enter the territory hereby granted to the said chiefs and tribe, except with permission, and under the restriction hereinafter to be specified in Articles X and XVI, save and except the military parties or escorts communicating with and between the posts mentioned in Article V of this Treaty.

VII. The said Lieutenant-Governor engages on the part of His said Majesty, to place an agent to reside in a convenient situation near the residence of the said chiefs, which agent will act solely in a diplomatic capacity; and the said contracting chiefs bind themselves to respect such agent as the representative of the British Government and to protect his person, family, and property, to the utmost of their power, and to leave them full liberty of ingress and egress through their territory at all times without the least molestation or hindrance.

VIII. All representations, complaints, or applications, which may be made on the part of the colonists or their Government, to or against the Fingoes, or on the part of the Fingoes, to or against the colonists or their Gevernment, shall be made through the said diplo matic agent, who shall be bound to observe the strictest impartiality and justice, and exert his utmost abilities to promote the peace and prosperity of the colonists as well as of the Fingoes to maintain the rights of both parties inviolate, and to cause the provisions of this Treaty to be strictly observed.

IX. The said contracting chiefs bind themselves to afford free access to the said agent to all persons from the colony, provided with such passes as shall be hereinafter specified. They also promise that such Kafirs, or others, who shall be employed by the Colonial Government as policemen, shall have free access into their said territory, either with messages, or in tracing out, with the assistance of the Kafir amapakati, depredators, 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.

X. Any British subject, or Kafir, desirous of communicating with the agent, residing in the said territory, shall have free access to such agent, for as far as the said chiefs and tribe are concerned, but shall not be at liberty to go with fire-arms, or other weapons of offence or defence, except with the consent of one of the chiefs of the said tribe of Fingoes.

XI. From the provisions of the foregoing Article X 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 V 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.

XII. 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 Fingoes 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 Article) shall be, and are considered to be, subject to the laws of the Fingoes, as long as they remain in the said territory.

XIII. 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, how.