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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 Government, 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 bare committed crimes in, and escaped from, the colony, promising also to give them, and cause them to reccive, 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 ou 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. ever, 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 agent, 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 occupied by the said tribe, such articles as are by the laws of the colony forbidden to be carried for sale across the frontier.
XIV. Every British subject who shall be charged with any crime or misdemeanour in the said territory shall have the right to demand that, previous to his trial, notice of such trial shall be given to the said agent, who shall be at liberty, if he see fit, to attend at such trial, and to speak or plead on behalf of the accused, if he shall find cause to do so; and due weight shall be given to the opinion of such agent, as promised and agreed on in the XIIIth Article of this Treaty.
XV. If any British subject commit a crime or misdemeanour in the said territory of the said contracting chiefs, and escape out of the same across the said boundary, the said agent shall exert himself to obtain satisfaction for the aggrieved party, by means of the British courts, and in every respect exert himself with as much zeal for the Fingo who may be wronged by a British subject, as he is bound to do on behalf of the British subject who may be aggrieved by a F'ingo.
XVI. Any Fingo, who shall be desirous of crossing the boundary into the territory inhabited by the colonists, shall be obliged to do so unarmed, and shall be bound to obtain a pass from the British agent residing among the tribe. Such pass shall be explicit, in the English and Dutch languages, specifying the name of the applicant, the place of his destination, the object of his visit, the number of days he may be absent, and the date when granted.
No pass shall be so granted, except at the request of, or upon the production of an understood token from a respectable chief, who will engage to be responsible for the conduct of the applicant during his stay in the colony; and it must be clearly explained to such applicant that such pass will not protect him if he deviate from the road to the place of his destination, or go armed, or skulk in retired places, or exceed the period specified in the pass, or travel with others of his nation who are not provided with passes ; in either of which cases he shall be dealt with as if he had no such pass. The agent shall grant no pass if he has the least suspicion of the motives of the applicant's visit to the colony, nor unless he has reasonable cause for such a visit.
Visits on the part of idlers are, for the sake of the colony as well as the Fingoes, to be by no means encouraged. The agent shall refuse them, and he shall keep an accurate register of such passes as he shall grant, of the names of the chiefs at whose request they are granted, which names must also be stated
passes. All Fingoes or others actually in the employ of the agents, missionaries, or traders, will however be allowed to enter the colony with passes from such employers, provided such passes clearly state the names of such servants, their destination, and the time for how long they are to be in the colony.
XVII. All Fingoes found without such passes to the westward of the said boundary, shall for the first time, be immediately sent across the frontier, and delivered over to the Kafir amapakati residing on said boundary, who shall be bound to cause them to be sent to the said contracting chiefs, who hereby pledge themselves to use every endeavour, and to cause laws and punishments to be established, for the purpose of preventing such encroachments upon the colonial territory. Andany Fingo found so offending for the second time, shall be punished according to the laws already established, or to be hereafter established, for the punishment of such offences.
XVIII, Any Fingo found in the act of committing a crime or depredation within the said boundary, shall be dealt with according to the laws of the colony, and it is to be clearly understood, that in case of resistance or attempt at flight, on the part of such criminals and depredators, it is perfectly legal to fire upon them, or otherwise to disable or kill them, if they cannot in any other way be secured, or prevented from completing such crime. But if such criminals or depredators, being pursued upon the spoor, be not overtaken before they shall have crossed the line occupied by the said Kafir amapakati, the course agreed upon in the following Article shall be adopted for the apprehension of such criminals or depredators, or the recovery of property carried off by them; and on no occasion whatever shall any patrol or armed party of any description be allowed to cross the said line, so occupied for the said purpose.
XIX. If any person being in the pursuit of criminals, or depredators, or property stolen by them, shall not overtake or recover the same, before he shall reach the said line ( provided he can make oath that he traced the said criminals, depredators, or property, across a particular spot on the said boundary, that the property when
stolen was properly guarded, and in case of cattle, horses, or the like, that they were so guarded by an armed herdsman, that the pursuit was commenced immediately after such property was stolen, that if the robbery was commited 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 chiefs concerned, and their councils, according to the usage of the tribe; and the said contracting chiefs do hereby bind themselves, in all cases, in which their tribe is concerned, to exert themselves to the utmost to cause the 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.
XX. 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 the 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 (1844–45.]