« ՆախորդըՇարունակել »
been embodied in 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 XIIth, XIXth, XXth, and XXIst Articles of the aforesaid Treaty have been altered and amended accordingly, and that the clauses appended thereto have 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 1st day of February, 1841.
GEO. NAPIER, Gorernor.
XII. Any British subject entering the said territory under any other circumstances than those mentioned in the foregoing Article, or in the pursuit of stolen cattle, can do so only with the consent of the Tambookies themselves, and at their own risk. And the said contracting chief, and those acting under his 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 shall be, and are considered to be subject to the laws of the Tambookies, as long as they remain in the said territory.
XIX. 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 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 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 next day), 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 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, 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 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 chief doth hereby bind himself in all such cases to exert himself 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 his exertions.
XX. If, however, a party pursuing stolen properly and depredators, in the manner specified in the foregoing Article, shall deem it more safe, 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, or provide him with a competent witness, 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, 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 ralue of the property stolen, and not recovered.
As soon as such affidavit shall be made, the said agent shall, if he have no reaso: 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), 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 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 with 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 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 [1844–45.)
shall nevertheless have been clearly proved, before him and his said council, by the evidence of the said pursuer, pakati, or other proof, that the property was traced into his territory, he, the said chief, 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 for his exertions.
XXI. 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 chief doth hereby agree, that if any person in the pursuit of stolen property shall be uns 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 baring 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 subjects, 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 å 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 event 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 chief does hereby engage, in all such cases, to punish the depredators, if discovered, or in the event 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 hare ascertained that his property has been taken across the boundary, he shall be at liberty to proceed across the said line in search of the same, provided he sends notice to the pakati of his intention, and does not go armed, or accompanied by armed British subjects, or assist in any violence
of any kind in such territory; and in the event of his being able to identify his property, upon sufficient proof of the correctness of his statement being adduced, the agent shall demand from the chief in whose territory the property is thus discovered and identified, restitution of the same, and the said chief shall likewise cause the party in whose possession the said property was found to pay such amount of damages as shall be considered equitable by the agent and chief.
The said chief doth further bind and oblige himself that in the event of information being given to him that a murder has been committed in the colony, and the murderer has escaped beyond the boundary, he will use every exertion to apprehend and deliver the said murderer to justice, and also to afford to the Government every information with respect to the chiefs of other tribes who may harbour in their country the murderers of colonial subjects.
And lastly, the said chief doth further agree that the above alterations made in the Treaty, as well as the clauses which have been now appended thereto, shall have as much force and effect as if they had been embodied in the said Treaty itself.
Thus done, and agreed, sealed and signed by his Excellency Major-General Sir George Thomas Napier, K.C.B., Governor of the Cape of Good Hope, on the part of Her Britannic Majesty, and by the subscribing chief on the part of the said tribe of Tambookies, before the uudermentioned witnesses at Grabam's Town, the 28th day of January, 1841. MAPASSA, his mark, Tamboo Chief. GEO. NAPIER, Governor. Marks of Kafir witnesses :
J. HARE, Lieut.-Governor. Koosse,
GWADA, H. HUDSON, Agent-General. X FUNGUONGNO, Peet.
H. F. Fenn, Dip. Agent.
18.-TREATY with the King of the Zoolah Nation.-Signed at
Elapeen, October 5, 1843. Articles of a Treaty made and entered into between and signed by
the Undersigned Panda, King of the Zoolah nation on the one part and the Undersigned the Honourable Henry Cloete, Esq., L.Z., L.L.D., in his capacity as Her Majesty's Commissioner for the Territory of Natal, on the other part.
ART. I. There shall be benceforward and for ever peace and friendship between the Undersigned King Panda, and his subjects, and Her Majesty Queen Victoria, and all Her Majesty's subjects.
II. It is hereby agreed between the Undersigned that the respectire boundaries between the territory of Natal and the Zoolah nation, shall be defined at the sea line, by the mouth of the river Tugela, and from thence upwards until the junction of that stream with the rirer Umsinyaatee (or Buffels River), from thence upwards by the said river Umsinyaatee (or Buffels River), or such other boundary live, along or near its banks, as may, at any time hereafter, be fixed upon by the Undersigned. Her Majesty's Commissioner for the territory of Natal, or such other Commissioner as Her Majesty may appoint and by any 2 Indunas or Commissioners, whom the Undersigned Panda, King of the Zoolah nation, may appoint for that purpose, and from thence northward to the foot of the Quathlamba (or Draaksberg) mountains.
III. The Undersigned Panda, King of the Zoolah nation, hereby agrees and binds himself, to direct Koedoe, the captain of certain kraals placed by the late King Dingaan on the right bank of the Tugela, and all such other captains or chiefs of kraals as may be found to come within the boundaries of the territory of Natal, hereby fixed and determined to be removed from their respective stations.
The Undersigned Her Majesty's Commissioner, for and on behalf of Her Majesty, hereby agreeing and consenting to allow them to remain until their crops shall have been reaped, and then to take with them all their effects and lawful property.
Thus done, agreed upon, and confirmed, by the signature and marks of the Undersigned, King Panda, and the Undersigned Her Majesty's Commissioner, at the chief town of Elapeen, on this 5th day of October, 1843, in the presence of the undermentioned witnesses. KING PANDA,
his mark, INDUNA UMVUNHLAAN, A
INDUNA UMKONDANI, H. CLOETE, Lz., Her Majesty's Commissioner.
Witnesses: D. C. TOOKEY, C. J. BUISSINE.
This document has been faithfully interpreted from word to word by me, to the King Panda, who declared, fully to understand and approve of the contents thereof.
I, the undersigned, chief and king of the Zoolah nation, do hereby declare, to cede all right and title which I heretofore bad to the mouth of the river Umvaloosi, and to the Bay there situate to, and in favour of Her Majesty Queen Victoria, or the lawful Sorereign of Great Britain, for the time being, for ever, with full liberty to visit, land upon, and occupy, the shores along the said bay, and mouth of the said river Umvoloosi, the Undersigned hereby agreeing and consenting to appoint whenever he shall be thereto requested, 2 Indunas or Commissioners, for the purpose of defining and proving the limits and extent of the sea-shore so ceded, and given up to Her Majesty Queen Victoria, or the lawful Sovereign of Great Britain, for the time being