therein; and provided also the said chief and tribe shall strictly adhere to the terms of this Treaty.

IV. The boundary between the said colony and the territory possessed by the said chief and tribe is agreed to be the Zwarte Kei or Winterberg Spruit, from its source in the Winterberg down to the conical hill called Kogel Kop, thence a line across a narrow neck of land called Rhenoster Hoek into the Klaas Smit's River, and thence the latter river to its source in that kloof of the Bamboos Berg, called Buffels Hoek; provided, however, that the free communication between the Kat and Gonappe Rivers, and the said territory, of the Shiloh Missionary Institution, as also between the Tarka and Kaffraria through the now uninhabited country east of the Winterberg, continue uninterrupted as hitherto.

V. The said contracting chief engages to protect by all means in his power the Bushmen who reside, or may come to reside, within the said territory, as the original proprietors of the soil, to let them enjoy all the rights and privileges to which the Tambookies are entitled, and to be responsible for their acts, in the same manner as he binds himself by this Treaty for the acts of the Tambookies.

VI. No Tambookies, armed or unarmed, single or in number, male or female, shall be allowed to cross the said boundary into the colony, and no British subject, armed or unarmed, single or in number, shall be allowed to cross into the said territory occupied by the Tambookies, except with permission and under the restriction hereinafter to be specified in Article

VII. The said contracting chiefs shall, with the concurrence of the said Lieutenant-Governor, or person appointed by him, fix upon certain points in the said territory, as near to the said boundary and to each other as convenient, at each of which he shall station a chief or responsible man of his 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 field-cornets residing nearest to their said residencies, and to do everything in their power to prevent inroads or aggressions, either on the part of the colonists against the Tambookies or of the Tambookies against the colonists.

The amapakati, who shall be so stationed, must, by the said Contracting Chief, be made known, by name, to the said field-cornets, and any change, either of person or station, which may take place with reference to the said amapakati, must be previously communi

cated to the said field-cornets.

The amapakati shall be responsible to their own chief, 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 chief hereby pledges himself to do.

VIII. The said Lieutenant-Governor engages, on the part of His said Majesty, to place an agent, to reside in a convenient situation in the said territory, which agent shall act solely in a diplomatic capacity; and the said contracting chief binds himself to respect such agent as the representative of the British Government, and to protect his person, family, and property, to the utmost of his power, and to leave him full liberty of ingress and egress through the said territory, or across the boundary into the colony, at all times, without the least molestation or hindrance.

IX. All representations, complaints, or applications, which may be made on the part of the colonists or their Government, to or against the Tambookies, or on the part of the Tambookies, to or against the colonists or their Government, shall be made through the said diplomatic 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 Tambookies, to maintain the rights of both parties inviolate, and to cause the provisions of this Treaty to be strictly observed.

X. The said contracting chief binds himself to afford free access to the said agent, to all persons from the colony provided with such passes as shall be hereinafter specified. He also promises that such Tambookies or others who shall be employed by the Colonial Government as policemen or messengers, shall have free access into his said territory, either with messages or in tracing out, with the assistance of the amapakati, depredators or such criminals as shall have committed crimes in and have escaped from the colony; promising also to give them and cause them to receive in his said territory every assistance and protection.

XI. Any British subject desirous of crossing the boundary into the territory inhabited by the said chief and tribe, with the view of communicating with the agent, shall be bound to obtain a pass from the field-cornet living nearest to the spot where he wishes to cross the boundary. With the pass he shall be bound to proceed direct to the station of the resident agent; but no person so entering such territory shall be at liberty to go with fire-arms or other weapons of offence or defence, except with the consent of the said amapakati or of a chief.

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 Tambookies themselves, and at their own risk. And the said contracting chief, and those acting under his 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 shall be, and are considered to be, subject to

the laws of the Tambookies, as long as they remain in the said territory.

XIII. Such British subjects as shall obtain licenses to trade beyond the boundary, shall not be allowed to enter the said territory without the consent of the said contracting chief, who, however, pledges himself and promises to encourage trade and commerce to the utmost of his power, and to protect and encourage those traders whom he shall permit to enter said territory, as long as they conduct themselves orderly and lawfully, with all his 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 his 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 agent, as well as to give satisfaction and redress upon his just remonstrances or complaints; but the said agent shall not be bound or permitted to extend his interference or protection in case of any seizure, to whatever extent, made upon the property of any British trader or other person who shall be proved to him to have imported into the said territory such articles as are by the law 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 in 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 and escape out of the same across the 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 Tambookie, who may be thus wronged by a British subject, as he is bound to do in behalf of the British subject who may be aggrieved by a Tambookie.

XVI. Any Tambookie, or other native residing among the Tambookies, 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 visit.

Visits on the part of idlers are, for the sake of the colony as well as the Tambookies, to be by no means encouraged. The agent shall refuse them, and he shall also 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 Tambookies or others actually in the employ of 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 Tambookies found without passes to the westward of the said boundary, shall, for the first time, be immediately sent across the frontier, and delivered over to the nearest of the amapakati mentioned in Article VII of this Treaty, who shall be bound to punish them, or cause them to be sent to the said contracting chief, who hereby pledges himself 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 Tambookie 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 Tambookie found in the act of committing a crime or depredation within the said colony, 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 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 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 line, 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 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 at latest commenced 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 endeavours 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, recover the property pursued, he shall be at liberty to proceed with the same, either to the said agent, or to one of the field-cornets residing most convenient to himself, in order to make, before such agent or field-cornet, 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 and their councils, according to the usage of the tribe; and the said contracting chiefs do hereby bind themselves in all such cases 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 pakati 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 field-cornet, he shall be at liberty to do so. The field-cornet shall either accompany such party (after he shall have stated himself prepared to make oath required in the said foregoing Article), or provide him with a competent witness, who shall accompany such pursuing