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 Fingo.

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 upon the 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. And any 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

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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 5 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.]

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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 also being at all times the bounden duty of the party complaining, to produce good and sufficient proof), lay the case before the chiefs of the territory into which the criminals and property were traced. And the said chiefs 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.

XXI. With the exception of indemnification, obtained through the said chiefs and council in the manner specified in the foregoing Article, no person pursuing cattle or stolen property shall be allowed to take away 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.

XXII. 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.

XXIII. The 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 Kafirs, but to remain at peace with

them, and in no way to avenge any grievance or dispute, which may heretofore have existed between the Kafirs and the Fingoes, but to live at peace with all parties, and to do everything in their power to promote the tranquillity of the several tribes by whom they are surrounded, as well as of the colonists.

Thus done and agreed, sealed, and signed, at Fort Peddie, this 10th day of December, 1836.

11.-TREATY with the Tambookie Chief, Mapassa.-Signed at Shilo, January 18, 1837.

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 Tambookie Chief, Mapassa, when, after the fullest explanations by means of the resident Agent, Mr. Henry Fynn, the following Articles of Convention were fully agreed upon, in the presence of Hougham Hudson, Esq., Agent-General, and the said resident Agent, Mr. Henry Fynn, as also the Tambookie Counsellors Quasha and Nyela, 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 chief and his 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 chief doth acknowledge that the country which he and his tribe do occupy between the Stormbergen and Kaffraria, and adjoining the eastern frontier of the colony, is part of what was the Bushman country, still thinly inhabited by the remnants of the said tribe.

III. The said Lieutenant-Governor doth engage, on the part of His said Majesty, not to molest the said chief or tribe, or cause him or them to be molested in the possession of the said territory, or to lay claim to any part thereof, provided the said chief or tribe do not in any way disturb the peace of the colony, or molest the inhabitants