Page images

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 vecessary and unavoidable, according to the said I Vih Article of these presents, the said chiefs and their tribe shall be at liberty to drive or carry their flocks and other property across tlie 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 stall 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 command. ing 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, moreover, 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. PATO, his mark.

GEO. NAPIER, Governor
Kafir witnesses :

Witnesses :
Xosa, his mark. A. STOCKENSTROM, Lieut.-Governor.


GEORGE MURRAY, Captain 72nd Regiment. NYONDO, X

JOHN MITFORD BOWKER, Resident Agent. Sixxo,

T. SHEPSTONE, Interpreter and Translator, MANI, SAMUEL KAMA.

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, fc.

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, Lieutenant. Governor 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 prorisions 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.

the Treaty itself, provided nothing therein contained be construed to alter any part of the said Treaty, save and except the aforesaid 4 Articles.

And I hereby make known that the XVIth, XXIVth, XXVth, and XXVIth Articles of the aforesaid Treaty have been altered and amended accordingly, and that the clauses appended thereto hare been agreed upon, with the full and free consent of all the subscribing parties, and are herewith published for general information.

God save the Queen! Given under my hand and seal, at Graham's Town, this 7th day of December, 1840.

GEO. NAPIER, Gorernor.
By Command of his Excellency the Governor,

Acting Secretary to Government, Eastern Districts.

XVI. Any British subject entering the said territory under any other circumstances than those mentioned in the 2 foregoing Articles, or in the pursuit of stolen cattle, can do so only with the consent of the Kafirs themselves, and at their own risk. And the said contracting chiefs, and those acting under their 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 (save and except such as are excepted in the foregoing XVth Article) shall be, and are considered to be, subject to the laws of the Kafirs, as long as they remain in the said territory.

XXIV. If any person being in pursuit of criminals, or depredators, or property stolen by them, shall not overtake or recorer the same before he shall reach the said line (provided he can make oath that he traced the said criminals, depredators, or property across the said boundary line, that the property when stolen was properly guarded, and, in case of cattle, horses, or the like, that they were tended by a herdsman, that the pursuit was commenced within a reasonable time after such property was stolen, that if the robbery was conimitted 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 next day), such person shall be at liberty to proceed direct to the pakati living nearest to 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 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 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 Kafir chiefs and their councils, according to the Kafir usage; 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 on all occasions to cause the said chiefs and policemen to be equitably rewarded for their exertions.

XXV. 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 with a pakati or 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 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. 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 chiefs of the territory into which the criminals and property were traced, And the said chiefs do 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 in the event of the property and perpetrators being thus discovered, the said chief shall demand or take from such depredators restitution of, or compensation for, the said property, together witlı such amount of damages as the said agent shall assess as a reasonable allowance to the party plundered for the injury done to his property. 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 eridence of the said pursuer, pakati, and policeman, or other proof, that the property was traced into their territory, they, the said chiefs, shall, within 14 days thereafter, 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.

XXVI. With the exception of indemnification, obtained through the said chiefs and council in the manner specified in the foregoing or appended Articles, no person pursuing stolen property shall be allowed to take any but his own property, or the identical property he is in pursuit of, unless tendered to him, on pain of having to restore the property so taken, and losing all further claim to the property actually lost.

Further: the said contracting chiefs do hereby agree that if any person in the pursuit of stolen property shall be unable or unwilling to make the affidavit above-mentioned, but if, notwithstanding, he has good and sufficient reason to believe that his property has been taken across the said line, he shall, after having sent information of his intention to the pakati stationed nearest the spot where he means to cross the boundary, be at liberty to proceed at once in pursuit of the same, provided he do not go armed, or accompanied by armed British s ubjects, or assist in any violence of any kind within said territory; and the pakati shall, in all such cases, be bound to afford erery assistance to the party pursuing; and in the event of his tracing the said property or depredators to a responsible party or kraal, he shall then proceed to the diplomatic agent of the tribe to which the said kraal belongs, to whom he shall make a statement of his proceedings; and if the agent shall be satisfied that sufficient proof has been adduced, he shall immediately lay the case before the captain of the kraal, who shall cause restitution of the property to be made, if possible, or compensation to be awarded for the same. And in the erent of the captain of the kraal being unable or unwilling to make restitution or compensation, the said agent shall lay the case before the contracting chief in whose territory the kraal is situated, who shall cause restitution of, or compensation for, the said property to be made. And the said chiefs do hereby engage, in all such cases, to punish the depredators, if discovered, or in the erent of such discovery not being made, to punish the captain of the kraal to which such depredators were traced.

Further: if any person shall not be able to comply with the regulations above set forth, but nevertheless shall have ascertained

« ՆախորդըՇարունակել »