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XVIII. The said contracting chiefs do also promise and agree to allow free access to all British vessels, to any harbour or port on the coast, not only for the purposes of trade, but also for the landing of military stores or supplies, and for the conducting and conreying of the same to any military post on the frontier, accompanied, if neces. sary, by military escorts, without, hoiterer, conceding the right of constructing forts, or other military works, or maintaining a garrison at such harbour or port. And the said chiefs do also promise, in case of any shipwreck on the said ccast, to give full protection and safe conduct, to the nearest military post, to all persons and property saved, as also to give every assistance towards such saring of life and property.
XIX. 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 nearest of the said agents, 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 XVIIth Article of this Treaty.
XX. If any British subject commit a crime or misdemeanour ia the said territory of the said contracting chiefs, and escape out of the same across the said boundary, the said agents shall esert themselves to obtain satisfaction for the aggrieved party, by means of the British Courts, and in every respect exert themselves with as much zeal for the Kafir, who may thus be wronged by a British subject, as he is bound to do in behalf of the British subject who may be aggriered by a Kafir.
XXI. Any Kafir, or other native residing among the Kafirs, 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 one of the British agents residing among the Kafirs. Such pass shall be explicit, in the English and Datch 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.
No pass shall be so granted, except at the request of, or upon the production of an understood token of 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 deriate 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 case he shall be dealt with as if he had no such pass. The agent shall
grant no 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 a visit.
Visits on the part of idlers are, for the sake of the colony as well as the Kafirs, 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 Kafirs or others actually in the eniploy 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.
XXII. All Kafirs found without such 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 X of this Treaty, who shall be bound to punish them, or cause them to be sent to the chiefs, who hereby pledge themselves 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 Kafir 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.
XXIII. Any Kafir found in the act of committing any crime or depredation within the said boundary, 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 then, if they cannot in any
way be secured, or prevented from completing such crimc. But if such criminals or depredators, being pursued upon the spoor, be not overtaken before they shall have crossed the line occupied by the said 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.
XXIV. If any person being in the 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 å 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 com.
menced 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 commenced, at latest, 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 beund at once to receive the statement, examine the traces, and if the statement appear well founded, 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 such criminals to be apprehended and punished, as well as on all occasions to cause the said chiefs and policeraen 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 (after he shall have stated himself prepared to make oath required in the said foregoing Article) with 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, prore 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. 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 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 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 bave been discovered, and if it shall, nevertheless, 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.
XXVI. 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.
XXVII. 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 communication with the colony.
XXVIII. The said contracting chiefs do also agrec, promise, and pledge themselves to abstain, and cause their tribe to abstain, from any way molesting or interfering with the Fingoes, who are or will be located in the said ceded territory, but to consider them as under British protection; to leave them in full enjoyment of their property, laws, or customs, and in no way to avenge any grievance or dispute (1844–45.]
which may heretofore have existed between the Kafirs and the said Fingoes.
The said contracting chiefs also promise to remain at peace with the other tribes of Kafirs, cautiously to abstain from reviving any difference or jealousy, which may heretofore have existed among them, and particularly those which may have been caused by any proceeding of any party during the late war. And the said chiefs also promise solemnly to live at peace with the Tambookies, and to do everything in their power to promote the tranquillity of the several tribes of their own nation, and all other bordering tribes, as well as of the colonists.
Thus done and agreed, sealed and signed, at King William's Town, this 5th day of December, 1836. NONIBE. his mark.
(L.S.) A. STOCKENSTROM. UMHALA, A UMGAI, GAZELA.
Kafir witnesses : SIYOLO, his mark,
H. HUDSON, QASANA,
C. LENNOX STRETCH, MAGUGU,
JOHN MITFORD BOWKER, ZETU,
B. D'URBAN, Gorernor.
8.-TREATY with the Kafir Chiefs of the Tribe of Congo.-Signed
at King William's Town, December 5, 1836. 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 Kafir Chiefs of the Tribe of Congo, viz.: Pato, Kama, and Cobus, for themselres and the said tribe : when, after several preliminary discussions on various occasions, and the fullest explanations, by means of the official interpreter, Mr. Theophilus Shepstone, assisted by interpreters of the said Chiefs' own choosing, the following Articles of Contention were fully agreed upon, in the presence of Hougham Hudson, Esq., Agent-General, and Charles Lennor Stretch, Esq., John Mitfore! Bowker and Richard Southey, Esgrs., resident Agents for the kafir tribes, as also several Kafir Chiefs and Councillors; subject nerer. theless, 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--particularly those of the