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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, nerertheless, 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 coinmunication 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. UMKLAMBISO, his mark. (L.S.) A. STOCKENSTROM, JOKWANI, Witnesses:
H. HUDSON, KEUKWEZI, Xhis mark.
JOHN MITFORD BOWKER. MABANHLA, X Provisionally ratified in Council,
Cape Town, 1st June, 1837. B. D'URBAN, Governor.
11.-TREATY with the Tambookie Chief, Mapassa.-Signed at
Shilo, January 18, 1837. Treaty entered into between Andries Stockenstrom, Esq., Lieutenant
Governor 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—particalarly 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
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 preriously communicated 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 prored to him to hare 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.