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 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 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.

12.-TREATY with the Kafir Chiefs of the Ammakwane Tribe.— Signed at Fort Peddie, June 19, 1838.

Supplementary Treaty, entered into between his Excellency MajorGeneral George Thomas Napier, C.B., Governor and Commanderin-Chief, of the Colony of the Cape of Good Hope, §c., on the part of Her Britannic Majesty, and the Kafir Chiefs of the Ammakwane Tribe, viz.: 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 Convention 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. Bowker, Esq., Diplomatic Agent; subject, nevertheless, to the ratification by, or on behalf of Her said Majesty.

ART. 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 Her 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

tions on the one hand, or for arbitration or accommodation on the other hand, shall have been taken.

VII. In the circumstances set forth in the preceding Article, any of the said contracting chiefs or their tribe, placing themselves or their property under the protection of the said post, or any other military post, on the immediate frontier will be protected accordingly; and every attack upon them or such property will be repelled, as if made upon the post itself; provided, nevertheless, such chiefs and their followers strictly obey the orders which the officer commanding shall issue for their safety, as well as that of his post.

VIII. In like manner, in case of any sudden attack on the said contracting chiefs or their tribe, or in case of their being involved in a war, which shall have been sanctioned by Her Majesty's representative as necessary and unavoidable, according to the said IVth Article of these presents, the said chiefs and their tribe shall be at liberty to drive or carry their flocks and other property across the Great Fish River, between the junction of the said river with the Cap River, on the south, and the junction of the said river with the Clusie on the north, provided they do not allow any of their people or property to go or be taken across the said Cap River, on the one side, and the road leading from Trompetter's Drift to Fraser's Camp, as also a line drawn from the said road to the Cap River below the Clay Pits, to be pointed out to the said chiefs by order of the said Government, as such people and property must, in case of their trespassing beyond said limits, be dealt with as hostile Kafirs, and their property. And provided they, the said chiefs and their tribe, effectually guard and protect every pass on the said Fish River, below Trompetter's Drift, down to the sea, and co-operate with the colonial forces against the enemy, to the best of their abilities and means.

IX. The said contracting chiefs also bind themselves and engage, in case of any hostile enterprise against the colony, or on the part of any tribe or nation residing beyond the said boundaries of the colony, or in case Her Majesty or her representative shall find it necessary or unavoidable to enter into any such hostile enterprise against any such tribe or nation, that they, the said chiefs, as soon as they shall be required to do so by Her Majesty, or on her behalf, immediately join Her Majesty's forces with all the disposable men under their command, place themselves under the orders of the officer commanding Her Majesty's said forces, and co-operate with the said forces. against the said enemy, in the same manner, and as faithfully and zealously as if they and their tribe themselves had been attacked or compelled to go to war.

X. The said contracting chiefs, morcover, pledge themselves and agree, on their own behalf and that of their tribe, to maintain peace

and amity with the Fingoes located near Fort Peddie, to assist them in all assaults and attacks of their enemies, to co-operate with them in time of war, to encourage trade and commerce between themselves and the said Fingoes, and in every respect to treat and look upon the said Fingoes as the allies and friends of the British Government.

Thus done and agreed, scaled and signed, at Fort Peddie, this 19th day of June, 1838.

13.-PROCLAMATION of the Governor of the Cape of Good Hope amending the Treaty with the Kafir Chiefs of the Tribe of Gaika of December 5, 1836.-Graham's Town, December 7, 1840.

Proclamation by his Excellency Major-General Sir George Thomas Napier, K.C.B., Governor and Commander-in-Chief of Her Majesty's Castle, Town, and Settlement of the Cape of Good Hope, in South Africa, and of the Territories and Dependencies thereof, and Ordinary and Vice-Admiral of the same, Commanding the Forces, &c.

WHEREAS a certain Treaty of Peace and Amity was entered into at King William's Town on the 5th day of December, in the year of our Lord 1836, between Andries Stockenstrom, Esquire, LieutenantGovernor of the Eastern Division of this colony, duly qualified on the part of His Britannic Majesty, on the one side, and the Kafir chiefs of the Tribe of Gaika, viz. :-Sandili (represented by his mother Sutu), Mogomo, Tyalie, Botma, and Eno, on the other side:

And whereas I have deemed it expedient, with the concurrence of the chiefs of the Gaika Tribe, to alter and amend certain provisions of the XVIth, XXIVth XXVth, and XXVIth Articles of the said Treaty, and having met the chiefs Sandili, Mogomo, Tyali, Botma, Eno, Tzazoe, and Jan Tzatzoe, at the Tuymie, on the 2nd day of this present month, for the purpose aforesaid, it has been finally* agreed that the above-named 4 Articles of the aforesaid Treaty shall be altered and amended; and also that the clauses appended thereto shall have the same force and effect, as if they had been embodied in

* Vol. XXV. Page 826.