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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 110 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 visite
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
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
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 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 and 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 chief, who does 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 chief doth further pledge himself and engage that if, at the end of one month after the case shall have been laid before him, the said perpetrators or property shall not have been discovered, and if it shall, nevertheless, have been clearly proved before him and his said council, by the evidence of the said pursuer, and pakati, or other proof, that the property was traced into his territory, he, the said chief, shall at once indemnify the person robbed to the full value of the property lost, and no more, and compensate the said pakati 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 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.
XXII. The said contracting chief doth agree, promise, and pledge himself, to encourage, and protect by every means in his power, the propagation of the Christian religion throughout his territories, as also to protect, in their persons, families, and property, the teachers and ministers of the said religion, and all British subjects of whaterer 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 said contracting chief doth also agree, promise, and pledge himself to do every thing in his power to promote the tranquillity of the several tribes by whom he is surrounded, as well as of the colonists.
Thus done and agreed, signed and sealed, at Shilo, this 18th day of January, 1837. MAPASSA, his mark.
(L.S.) A. STOCKENSTROM. Witnesses : QUESHA, his mark.
H. HUDsox. NYELA,
H. F. Fyxx. Provisionally ratified in Council, Cape Town, June 1, 1837.
B. D'URBAN, Governor.
12.-TREATY with the Kafir Chiefs of the Ammakwane Tribe.
Signed at Fort Peddie, June 19, 1838. Supplementary Treaty, entered into between his Excellency Major
General George Thomas Napier, C.B., Gorernor and Commanderin-Chief, of the Colony of the Cape of Good Hope, g-c., on the part of Her Britannic Majesty, and the Kafir Chiefs of the Ammakwane Tribe, riz.: Pato, Kama, and Kobe, for themselves and the said tribe, in consequence of the said Chiefs having represented their earnest desire, and that of their people, to enter into a more close alliance with the British Government for mutual defence, support, and protection; whereupon, after ample discussion and deliberation and a full understanding, by means of the official interpreter, Mr. Theophilus Shepstone, assisted by an interpreter of the said Chiefs' own choosing, named Samuel, the following Articles of Con. vention were fully agreed upon, in the presence of:-A. Stockenstrom, Esq., Lieutenant-Governor, Major Chartres, Military Secretary, Captain Murray, 72nd Highlanders, commanding Fort Peddie, and J. M. Boxcker, Esq., Diplomatic Agent; subject, nevertheless, to the ratification by, or on behalf of Her said Majesty.
Arr. I. Nothing herein contained shall alter, or be construed to alter, any part of the Treaty entered into at King William's Town, between and on the part of His late Britannic Majesty and the said contracting chiefs, on the 5th day of December, 1836, which is, on the contrary, hereby renewed and confirmed.
II. And in order more firmly to unite the bond of peace and unity established by the said Treaty, the said contracting parties mutually engage to assist each other, to the utmost of their power, against any enemy whatsoever, who shall attack or make war upon either of the said contracting parties; subject, nevertheless, to the conditions and restrictions hereinafter specified.
III. Neither party shall interfere with the domestic policy or affairs of the opposite party, or with any dispute between such party or any other tribe or nation, which dispute can be settled without recourse to arms; but both parties solemnly engage faithfully to promote, by all means in their power, the peace and prosperity of each other's subjects and territories; to guard not only against all injury which those subjects might do each other, and to give satisfaction for such injury as shall be so committed, but also to ward off from each other all hostile movements, secret or open preparations of attack, or war against either party, on the part of any tribe or nation whatever, to give notice to each other of any such hostile or warlike intentions or movements which may come to their knowledge; and in case of any attack, inroad, or war, on the part of any tribe or nation, upon either of the contracting parties, to assist each other in repelling and defeating the same, as honourable and faithful allies are bound to do.
IV. The said contracting Kafir chiefs, however, will not be entitled to any assistance on the part of Her said Majesty or her Government, in any aggression, or attack upon any tribe or nation; or in any defensive measure which may have become necessary by, or be the consequence of, any such aggression or attack, or any other act of injustice, which the said chiefs or their subjects may perpetrate against such tribe or nation. Wherefore the said Kafir chiefs bind themselves and engage, previous to resorting to the force of arms, or other hostile measures, against any tribe or nation, to submit to the arbitration of Her said Majesty, or her representative, any important question of dispute which may arise between themselves and such tribe or nation, and which they cannot amicably settle between themselves; as also not to resort to such force of arms or hostile measures before such arbitration shall have proved abortive and fruitless, and Her said Majesty, or her representative, shall have declared such force of arms or hostile measures necessary and unavoidable.
V. The said Governor engages, on the part of IIer said Majesty, to maintain and keep effective in that part of the so-called ceded territory which is now occupied by the said contracting chiefs, and certain parties of Fingoes, at least one military post, with which post the said contracting chiefs engage honestly and faithfully to co-operate, for their own protection and that of the colony.
VI. The said Governor engages to cause every protection to be afforded by the said military post to the said contracting chiefs, consistently with the provisions of the IIIrd and IVth Articles of these presents; and in case of any sudden attack on the said chiefs and their tribe, the officer commanding said post shall be directed to adopt every defensive measure in his power in favour of the said chiefs and their tribe, until the question of participation in the quarrel, consistently with the said IIIrd and IVth Articles, shall be decided by Her Majesty's representative, or steps for farther opera