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5.-TREATY with the Kafir Chiefs of the Tribe of T" Slambie.
Signed at Fort Willshire, September 17, 1835.
-Umhala, Tsyolo, and Gazelli, and their families,
The above chiefs personally present for the whole collectively, and each individually and independently, for himself and his own immediate family, having supplicated for mercy and peace at the hands of the Governor, and prayed to be admitted and received as subjects of the King of England, and to live henceforth under the protection and authority of the English laws, within His Majesty's aforesaid colony; and His Majesty's Governor having, in the name of the King his master, granted the said prayer; these Articles of Treaty are hereby mutually agreed on between the aforesaid Contracting Parties, and are concluded and ratified accordingly, in the manner and terms following:
Arr. I. The aforesaid chiefs, Umhala, Tsyolo, and Gazelli, all of them, in the name of the whole, and each for himself, and the branch or family of it which he individually represents, separately and solemnly promise and engage to bear true allegiance to, and to be faithful subjects of, His Majesty the King of England; to be friends to His Majesty's friends, and enemies to his enemies; to obey the commands of His Majesty's Governor, and the duly constituted colonial authorities, and to live in submission to the general laws of the colony. The Governor and the laws, at the same time, extending to them the same protection and security as to the other subjects of His Majesty.
II. To the penalties of these laws, the above chiefs and representatives as aforesaid, their tribe and families, hereby alike become amenable if they break them; and they must be aware that these laws inflict severe punishment, and even death itself, upon those who commit the crimes of treason, viz., rebllion, or taking up arms against the King, or the Government of the colony; murder, rape, setting houses or property on fire, theft, whether of horses, cattle, sheep, goats, or other property. And such penalties will be equally incurred if they be committed by any members of the above tribes, or families, against each other, as if committed against other inhabitants of the colony.
And they will especially take notice, and be aware that the Fingo nation, having already become subjects of the King of England, any offence against the persons or property of the Fingoes, will incur the penalties of the laws, and be severely visited upon all such offenders.
And the aforesaid chiefs are also made aware that any proceed
ings on their part, or on the part of any of their tribe or families, as aforesaid, against any one, whether within or without their tribe, for the pretended offence of witchcraft, are peremptorily forbidden by the above cited laws, and will be severely punished accordingly.
At the same time, the aforesaid chiefs understand, and it is a part of this Treaty, that the said English laws do not apply, and will not be applied to, or interfere with the domestic and internal regulations of their tribe and families, nor with their customs, in so far as these do not involve a breach of the above-cited laws.
III. And the aforesaid chiefs hereby promise and engage to send out, immediately, positive orders, and to cause them to be instantly and duly obeyed, for the recal of all parties of their respective families and dependents, now employed in predatory inroads upon the colony, and to prevent all such predatory incursions for the future.
IV. And the aforesaid chiefs and representatives hereby promise and engage to deliver up, without delay, into the hands of Colonel Smith, commanding His Britannic Majesty's troops in the province of Queen Adelaide, or to any officers whom he may appoint to receive them, all the muskets which may be in their possession.
V. All the above, well understood and performed, the Governor, upon his part, in the name of His Majesty, promises to afford, in favour of the aforesaid chiefs, their tribe and families, all due protection and support for the maintenance of their rights, their property, their security, and welfare, equally with the other subjects of His Majesty
VI. And the Governor hereby assigns to each of these chiefs and their respective families a fair and adequate proportion, according to the amount of the population of each family, and to be determined by the commissioners hereinafter set forth, for their location, establishment, and regulation, of a tract of country, bounded on the west by the Caboon, on the north by a line drawn parallel to, at one mile from, and to the south of, the high road leading from King William's Town to the great ford over the Kei, below Smith's Tower, on the east by the right bank of the Kei, and on the south by the sea-coast, between the mouth of the Kei and the mouth of the Cahoon.
With the reservation of such spots and lines for places of public worship, schools, magistracies, military posts, out-span places, roads, and other public services, as the Governor may, from time to time, find it necessary to occupy, as well for the particular benefit of the aforesaid chiefs and their families, as for the general benefit of the colony.
VII. And each of the above chiefs shall, in token of fealty to the King of England, and of acknowledgment of holding his lands under His Majesty's sovereignty, cause to be delivered to such officer or
officers as the Governor shall appoint, on behalf of His Majesty, one fat ox, in the course of the first month of every year; in failure of which condition, le will forfeit his said lands, unless they be granted anew by the Governor, in the name of His Majesty.
VIII. Ministers of the Gospel, sehoolmasters, and, where necessary English magistrates or residents, will be duly appointed within the above locations. And it is hereby concluded and agreed on, by the said chiefs and representatives, that they and the heads of families shall act as magistrates of the colony, each in his location, if required to do so by the Governor, and under such titles, and to obey such instructions, as shall by him be determined - and that they shall not harbour, nor suffer to be harboured, within their respective locations, any person or persons, whether of their own tribe or of others, whether English, Hottentots, Boers, or of any other nation, suspected, or known to have been guilty of any crime or offence against the colony, but shall immediately secure and deliver up any such person or persons to the nearest colonial authorities.
IX. And it is hereby further concluded and agreed on by the aforesaid chiefs, and they alike promise and engage, that they shall without delay communicate to the colonial authorities, any overtures made, or which may hereafter at any time be made, to them, from any person or persons, whether within or without the colony, tending to its prejudice or danger, and shall cqually communicate, in like manner, any intelligence which may at any time como to their knowledge, of danger threatening the colony, from whateyer quarter.
X. And it is hereby further concluded and agreed on by the a foresaid chiefs, that they and the heads of families in their respective locations, sball, all and each of them, prevent by every means within their power, inroads into the colony, of robbers, to steal cattle or oner property; and shall, moreover, in the case of any cattle or property so stolen, being brought into their respective locations, secure ard deliver it to the nearest colonial authority; well understood, that the Governor will justly hold that chief responsible for restoring colonial cattle or other property, into whose location it shall hare been traced.
XI. And whereas the Governor has been pleased to locate the great widow of Dushani-Nenjibe, and Siwani, the son of that chief, together with Umgahie, on the right bank of the Buffalo, and to appoint adequate lands for their residence there ;- the aforesaid chiefs Umhala, Tsyolo, and Gazelli, hereby promise and engage to abstain from all violence aud animosity towards the said Noniile, Siwani, and I'mgahie, and from molesting them in any degree whatever.
XII. The Governor having appointed a commission, consisting of :-The IIoncurable Colonel Smith, C.B., Chief Commissioner ;
Lieutenant-Colone! Peddie, K.H., 72nd Regiment; the Rev. W. B. Boyce, of the Wesleyan Mission ; Captain Rawstorne, Provisional Companies, 75th Regiment; Richard Southey, Esq.; and James Kidd, Esq., for the location, establishment, and regulation of the aforesaid chiefs, tribes, and families,--the said commissioners (or a majority of them) are hereby duly authorized, so soon as they shall be reasonably satisfied that the ærd and 4th conditions of this Treaty hare been fairly complied with, to conclude and ratify it finally by their signatures, and to receive and record by endorsement upon this document, the accession and agrecment of the aforesaid chiefs thereto ; and thereafter to locate and place each in possession of his allotted location, and within his appropriate boundary accordingly.
XIII. When all the abore arrangements shall have been duly carried into effect, the Governor will appoint an agent for the Government, to reside among, or vear to, the locations; with whom the chiefs will communicate whenever they may desire it, for the information of the Governor, of whose communications to them he will also be the accredited organ.
XIV. For the present, and until the Governor may judge it safe and beneficial, as well for the old colonists as for these His Majesty's new subjects, hereby admitted under the protection of His Majesty's Government—none of these last, whether of the family of T Slambie, its connexions or dependents, as aforesaid, can be allowed to cross the old colonial border of the colony, from the mouth of the Kciskamma, up that river and the Chumie, and along the Katberg to the Winterberg, or by any other way to çuțer the old colonial border, without a pass, signed by one of the above Commissioners, or by the agent, when he shall have been appointed; and even in that case, all prsons so passing the boundary must be unarmed. A departure from this condition will expose the individuals infringing it to be shot; and its observance is therefore very strictly and earnestly enjoined,
Giren under my hand and seal, at Fort Willshire, this 17th day of September, 1835. B. D'URBAN, Governor and Commander-in-Chief
of the Colony of the Cape of Good Hope.
6.- AGREEMENT with the King of Abaqua Zooloo or Qua Mac
hoban.-Signed at Cape Town, March 3, 1836. Articles of Agreement between the Governor of the Colony of the
Cape of Good Hope, on the one part, and Umsiligas (by his repre. sentative and Chief Councillor Um 'Mombate, specially appointed for the purpose of treating), on the other part.
ART I. The king of the Abaqua Zooloo or Qua Machoban, Umsiligas, engages to be a faithful friend and ally of the colony.
II. He engages to preserve order in his territory and to abstain from war unless forced thereto in self-defence.
III. He engages to protect all white men who may risit his country, and to defend and treat in a friendly manner, all missionaries or other persons
may, with his consent, settle and reside in his territory, so long as they act in accordance with justice.
IV. He engages to defend and assist all travellers or traders who may reach his country, either with the object of extending knowledge or otherwise benefiting mankind.
V. Ile engages not to interfere with the remnants of tribes resident in the vicinity of his country, unless in self-defence, and promises to permit them to enjoy, undisturbed, the advantages of religious instructors, should any such be disposed to settle amongst them,
6. And, generally, he engages to cultivate and encourage peace, and apprise the Colonial Government of any intended or actual hostile movements in the interior, and to act in concert with the said Government, in subduing whatever may be calculated to disturb the general peace, or retard the civilization and prosperity of the native tribes of South Africa.
In consequence of the above engagement, the Governor, upon his part, engages :
1. That he will regard Umsiligas and his subjects as friends, and will receive any of them as such when they visit the colony.
2. That he will grant, in the first instance, as presents for Umsiligas, a variety of articles suitable to his present condition, and will continue supplies of the kind from time to time, so long as the terms agreed upon shall be strictly observed.
And in order to facilitate intercourse hereafter, between Umsiligas and the colony, the Governor will duly consider the request made for an individual of the colony to be resident with the Abaqua Zooloo or Qua Machoban, and endeavour to obtain a missionary for that purpose who will be most calculated, under circumstances, to forward the views of the contracting parties.
This done at the Government House in Cape Town this 3rd day of March, in the year of our Lord 1836.
(L.S.) B. D'URBAN, Governor. (L.S.) UM 'NOMBATE, his mark.
Signed and sealed in our presence :