From Lord Kitchener to the Secretary of State for War.
Pretoria, April 19, 1902, 11.40 A.M.
The Boer representatives have all left. The meeting of elected representatives from commandos is arranged to be held at Vereeniging on 13th or 15th May. I did my best to hasten, but it was found impossible. I am not allowing facilities for meeting of commandos in Cape Colony, and none will be there. I have arranged with Boer leaders that foreigners serving with them shall have no vote, and that votes will be by ballot. Each commando will be represented by two Burghers. It is thought probable that the meeting at Vereeniging will take two days, after which, if favourable decision is arrived at, Boer representatives will come here to arrange final settlement.
From Lord Kitchener to the Secretary of State for War.
Pretoria, May 17, 1902, 6.55 P.M.
Following telegram just received:—
“From State Presidents Burger and Steyn to Lord Kitchener.
“We have the honour to communicate to your Excellency that, as a result of the Burghers assembling here, a commission has been appointed by our Governments to negotiate with your Excellency with a view to finishing the present hostilities. This commission consists of Louis Botha, Christian De Wet, Hertzog, Delarey, and Smuts. If your Excellency is agreeable to meet this commission we request you to appoint time and place of meeting.”
After consultation with Lord Milner I have sent following reply:—
“I have the honour to acknowledge your communication, and should be glad to be informed if the commission you announce have plenary powers to agree to terms for the cessation of hostilities. If so, Lord Milner and I will be prepared to receive them here. Colonel Henderson will arrange to put a train at their disposal directly they inform him when they wish to start.”
From Lord Kitchener to the Secretary of State for War.
Pretoria, May 18, 1902, 2.15 P.M.
Following is reply from Burger and Steyn:—
“In reply to your Excellency’s telegram of this morning, we have the honour to inform you that commission, appointed in accordance with instructions by the Burghers assembled, has power to negotiate with your Excellency, subject to ratification by the Burghers.”
After consultation with Lord Milner, I have informed the Presidents we will be glad to meet the commission here to-morrow.
Lord Kitchener to the Secretary of State for War.
Pretoria, May 19, 1902, 7.20 P.M.
Meeting took place at 11.30, and Boer commission made following proposals:—
1. We are prepared to surrender our independence as regards foreign relations.
2. We wish to retain self-government under British supervision.
3. We are prepared to surrender a part of our territory.
Lord Milner and I refused to accept these terms as basis for negotiation, as they differ essentially from the principles laid down by his Majesty’s Government. After a long discussion nothing was decided, and it was determined to meet in the afternoon. Commission met again at 4 P.M., when Lord Milner proposed a form of document that might be submitted to the Burghers for a “Yes” or “No” vote. There was a good deal of objection to this, but it was agreed finally that Lord Milner should meet Smuts and Hertzog with a view of drafting as far as possible an acceptable document on the Botha lines. They will meet to-morrow for that purpose. Lord Milner stipulated for the assistance of Sir Richard Solomon in the preparation of the draft documents.
FOR A “YES” OR “NO” VOTE.
From Lord Kitchener to the Secretary of State for War.
Pretoria, May 21, 1902, 4.50 P.M.
Commission are prepared to submit the following document to the Burghers assembled at Vereeniging for a “Yes” or “No” vote if his Majesty’s Government approves of its terms:—
“His Excellency General Lord Kitchener and his Excellency Lord Milner, on behalf of the British Government, and Messrs. M. T. Steyn, J. Brebner, General C. R. de Wet, General C. Olivier, and Judge J. B. M. Hertzog, acting as the Government of the Orange Free State, and Messrs. S. W. Burger, F. W. Reitz, Generals Louis Botha, J. H. Delarey, Lucas Meyer, Krogh, acting as the Government of the South African Republic, on behalf of their respective Burghers desirous to terminate the present hostilities agree on the following articles:—
“1. The Burgher forces in the field will forthwith lay down their arms, handing over all guns, rifles, and munitions of war in their possession or under their control, and desist from any further resistance to the authority of his Majesty King Edward VII., whom they recognise as their lawful Sovereign. The manner and details of this surrender will be arranged between Lord Kitchener and Commandant-General Botha, Assistant Commandant-General Delarey, and Chief Commandant de Wet.
“2. Burghers in the field outside the limits of the Transvaal or Orange River Colony, on surrendering, will be brought back to their homes.
“3. All prisoners of war at present outside South Africa who are Burghers will, on their declaring their acceptance of the position of subjects of his Majesty King Edward VII., be brought back to the places where they were domiciled before the war.
“4. The Burghers so surrendering or so returning will not be deprived of their personal liberty or their property.
“5. No proceeding, civil or criminal, will be taken against any of the Burghers surrendering or so returning for any acts in connection with the prosecution of the war.
“6. The Dutch language will be taught in public schools in the Transvaal and Orange River Colony, where the parents of the children desire it, and will be allowed in Courts of Law when necessary for the better and more effectual administration of justice.
“7. The possession of rifles will be allowed in the Transvaal and Orange River Colony to persons requiring them for their protection on taking out a licence according to law.
“8. Military administration in the Transvaal and Orange River Colony will at the earliest possible date be succeeded by civil government, and, as soon as circumstances permit, representative institutions, leading up to self-government, will be introduced.
“9. The question of granting the franchise to natives will not be decided until after the introduction of self-government.
“10. No special tax will be imposed on landed property in the Transvaal and Orange River Colony to defray the expenses of the war.
“11. A judicial commission will be appointed, to which Government notes issued under Law No. 1 of 1900 of the South African Republic may be presented within six months. All such notes as are found to have been duly issued in the terms of that law, and for which the persons presenting them have given valuable considerations, will be paid, but without interest. All receipts given by the officers in the field of the late Republics, or under their orders, may likewise be presented to the said commission within six months, and, if found to have been given bon fide for goods used by the Burgher forces in the field, will be paid out to the persons to whom they were originally given. The sum in respect of the said Government notes and receipts shall not exceed £3,000,000 sterling, and if the total amount of such notes and receipts approved by the commission is more than that sum there shall be a pro rata diminution. Facilities will be afforded to the prisoners of war to present their Government notes and receipts within the six months aforesaid.
“12. As soon as conditions permit, a commission, on which the local inhabitants will be represented, will be appointed in each district of the Transvaal and Orange River Colony, under the presidency of a magistrate or other official, for the purpose of assisting the restoration of the people to their homes, and supplying those who, owing to war losses, are unable to provide for themselves with food, shelter, and the necessary amount of seed, stock, implements, &c., indispensable to the resumption of their normal occupations. Money for this will be advanced by the Government, free of interest, and repayable over a period of years.”
MR. CHAMBERLAIN’S EMENDATIONS.
From Mr. Chamberlain to Lord Milner.
Colonial Office, May 27, 1902, 3.45 P.M.
I have to inform you that his Majesty’s Government approve of the submission to the assembly at Vereeniging for a “Yes” or “No” vote the document prepared by the commission, and forwarded by Lord Kitchener on 21st May to the Secretary of State for War, subject to the following alterations:—
Clauses 2 and 3 should be put together, and will run as follows:—
“All Burghers in the field outside the limits of the Transvaal and Orange River Colony, and all prisoners of war at present outside South Africa, who are Burghers, will, on duly declaring their acceptance of the position of subjects of his Majesty King Edward VII., be gradually brought back to their homes as soon as transport can be provided and their means of subsistence ensured.”
The object of this alteration is to make clear that Burghers in the field outside the two States will, like the Burghers inside and the prisoners of war, declare their acceptance of the position of subjects. It was clearly not intended that they should be in any different position to their countrymen elsewhere.
We have also inserted words to explain that return must be gradual.
Clause 5. We add at end of clause the words:—
“The benefit of this clause will not extend to certain acts contrary to usages of war which have been notified by Commander-in-Chief to the Boer generals, and which shall be tried by court-martial immediately after the close of hostilities.”
Clauses 11 and 12 must be omitted and the following clause substituted:—
“As soon as conditions permit, a commission, on which the local inhabitants will be represented, will be appointed in each district of the Transvaal and Orange River Colony under the presidency of a magistrate or other official, for the purpose of assisting the restoration of the people to their homes and supplying those who, owing to war losses, are unable to provide themselves with food, shelter, and the necessary amount of seed, stock, implements, &c., indispensable to the resumption of their normal occupations.
“His Majesty’s Government will place at the disposal of these Commissions a sum of £3,000,000 for the above purposes, and will allow all notes issued under Law 1 of 1900 of the South African Republic, and all receipts given by officers in the field of the late Republics, or under their orders, to be presented to a judicial commission, which will be appointed by the Government, and if such notes and receipts are found by this commission to have been duly issued in return for valuable considerations, they will be received by the first-named commissions as evidence of war losses suffered by the persons to whom they were originally given.
“In addition to the above-named free grant of £3,000,000, his Majesty’s Government will be prepared to make advances on loan for the same purposes free of interest for two years, and afterwards repayable over a period of years with 3 per cent. interest. No foreigner or rebel will be entitled to the benefit of this clause.”
In making this communication to the delegates you must inform them that if this opportunity of an honourable termination of hostilities is not accepted within a time fixed by you the conference will be considered at an end, and his Majesty’s Government will not be bound in any way by their present declarations.
Lord Kitchener should have a copy of this telegram.
SURRENDERED BOERS AT BELFAST ANXIOUS TO JOIN THE NATIONAL SCOUTS AFTER BEING ADDRESSED BY LORD KITCHENER
Drawing by F. de Harnen from Photographs
THE SUBJECT OF BANISHMENT.
From Mr. Chamberlain to Lord Milner.
Colonial Office, May 27, 1902, 5.10 P.M.
We understand that the terms of surrender offered in my telegram of to-day are confined to Burghers of the Orange Free State and South African Republic at the date of the outbreak of the war. His Majesty’s Government are unable to make any pledges on behalf of the Governments of the Cape or Natal as to the treatment of rebels. You have no doubt kept in mind that any favourable terms accorded by either of these Governments will have to be sanctioned by the Legislature of the Colony.
His Majesty’s Government must place it on record that the treatment of Cape and Natal colonists who have been in rebellion and who now surrender will be determined, if they return to their colonies, by the Colonial Governments and in accordance with the laws of the colonies, and that any other British subjects who have joined the enemy will be liable to trial under the law of that part of the British Empire to which they belong.
The Cape Government have informed his Majesty’s Government that the following are their views as to the terms which should be granted to British subjects of Cape Colony who are now in the field, or have surrendered, or have been captured since the 12th April 1901:—
“With regard to rank and file, Ministers advise that upon surrender they shall all, after giving up their arms, sign a document before Resident Magistrate of district in which surrender takes place acknowledging themselves guilty of high treason, and that the punishment to be awarded to them, provided they shall not have been guilty of murder or other acts contrary to usages of civilised warfare, shall be that they shall not be entitled for life to be registered as voters or to vote at any Parliamentary, Divisional Council, or Municipal election. Legislation will be required to give effect to this recommendation. With regard to Justices of the Peace and Field-Cornets of Cape Colony and all other persons holding an official position under Government of Cape Colony, or who may occupy post of commandant of rebel or Burgher forces, Ministers advise that they shall be tried for high treason before the ordinary tribunal of country or such special court as may be hereafter constituted by law, the punishments for their offence to be left to the discretion of court, with this proviso, that in no case shall penalty of death be inflicted.”
The Natal Government are of opinion that rebels should be dealt with according to the law of the colony.
From Mr. Chamberlain to Lord Milner.
Colonial Office, 26th May 1902, 6.50 P.M.
Have any promises been made to Boers by you with regard to the leaders liable to banishment under the proclamation of 7th August, some of whom have been specially named in notices issued subsequently? This proclamation, you will recollect, was the result of a strong representation from Lord Kitchener, and supported by minute of Natal Government of 25th July. The exact terms were finally settled by you. If you now think that this proclamation should be disregarded I have no objection to make.
From Lord Milner to Mr. Chamberlain.
(Received Colonial Office 3.30 P.M., 27th May 1902.)
Referring to your telegram of 26th May. No promises have been made or asked for. The Boers are no doubt aware that legislation is required to give effect to banishment, and feel that we would not introduce such legislation if Article 3 of proposed agreement is accepted. This is obvious, and it follows that if surrender comes off banishment will be tacitly dropped. I was in favour of banishment proclamation, and was prepared to go even further, as I thought, and I still think, that resistance of Boers had ceased to be legitimate at that stage, and that it was our duty to impose special penalties upon those responsible for adoption of guerilla methods by which the country was being ruined and by which alone the struggle could be kept up at all.
So far from regretting the proclamation I believe it has had great effect in increasing the number of surrenders, and in inducing the Boers still in the field to desist from further fighting. That has certainly been Kitchener’s opinion, as he has always pressed and given the greatest publicity to the lists of banished leaders. But it would be a mistake if the Boers now give in in a body and live as British subjects to continue a prescription which would only keep up bitter feelings and tend to prevent the country from settling down.
Kitchener agrees entirely.
From Lord Milner to Mr. Chamberlain.
(Sent 7.55 P.M. Received Colonial Office 7.45 P.M., 27th May 1902.)
My telegram of to-day, No. 1.
I made it clear, I hope, that what I said applied only to banishment, not to sale of farms. Smuts did allude to this point in committee, though not to banishment, but I gave him an emphatic negative, and the subject was then dropped.
THE FIRST DRAFT AGREEMENT.
From Lord Milner to Mr. Chamberlain.
(Despatched 11.10 P.M., May 28. Received Colonial Office 5.5 A.M., May 29, 1902.)
Referring to your telegram No. 1 of May 27. Commander-in-Chief and I met the Boer delegates again this morning, and I communicated to them the alterations and additions to their draft contained in your telegram under reply, and informed them that his Majesty’s Government approved of the draft so altered being submitted to the Burghers at Vereeniging for a “Yes” or “No” answer. I added that if this opportunity of an honourable termination of hostilities was not accepted within a time fixed by us the conference would be considered at an end, and his Majesty’s Government would not be in any way bound by the present declarations. I handed them at the same time a copy of draft agreement in accordance with your instructions. There was no discussion of it. Commander-in-Chief stated that before fixing definitely the time by which we must receive an answer he would like to know their opinion. He thought forty-eight hours would be ample, but he did not wish to rush them.
The delegates, who it was agreed should return to Vereeniging this evening, asked for an adjournment before giving an answer as to time. To this we agreed.
Before they left I read to them a statement based on your telegram of 27th May, No. 2, and was obliged to modify slightly your message in order to bring it into harmony with the latest communication I have received from the Cape Government on the subject, according to which fresh legislation will not be necessary; but essential points, viz., the degree of punishment to be awarded and the classification of rebels, were given absolutely in your words.
The delegates asked for a copy of my statement, which I handed to them. The meeting then adjourned.
This afternoon we met delegates again for a few minutes. They asked us to give them until Saturday night for their answer, to which we agreed. We then shook hands and parted.
They returned at 9 P.M. to Vereeniging.
From Lord Milner to Mr. Chamberlain.
(Despatched 6.5 P.M., 30th May. Received Colonial Office 8.30 A.M., 31st May 1902.)
After handing to Boer delegates a copy of draft agreement which his Majesty’s Government are prepared to approve with a view of terminating the present hostilities, I read to them the following statement and gave them a copy:—
His Majesty’s Government must place it on record that the treatment of Cape and Natal Colonists who have been in rebellion and who now surrender will, if they return to their colonies, be determined by the Colonial Governments and in accordance with the laws of the colonies, and that any British subjects who have joined the enemy will be liable to trial under the law of that part of the British Empire to which they belong.
His Majesty’s Government are informed by the Cape Government that the following are their views as to the terms which should be granted to British subjects of Cape Colony who are now in the field, or who have surrendered, or have been captured since April 12, 1901:—
“With regard to rank and file, they should all, upon surrender, after giving up their arms, sign a document before the Resident Magistrate of the district in which the surrender takes place, acknowledging themselves guilty of high treason, and the punishment to be awarded to them, provided they shall not have been guilty of murder or other acts contrary to the usages of civilised warfare, should be that they shall not be entitled for life to be registered as voters or to vote at any Parliamentary, Divisional Council, or Municipal election. With reference to Justices of the Peace and Field-Cornets of Cape Colony and all other persons holding an official position under the Government of Cape Colony, or who may occupy the position of commandant of rebel or Burgher forces, they shall be tried for high treason before the ordinary court of the country or such special court as may be hereafter constituted by law, the punishment for their offence to be left to the discretion of court, with this proviso, that in no case shall penalty of death be inflicted.”
The Natal Government are of opinion that rebels should be dealt with according to the law of the colony.
THE SIGNING OF THE TERMS.
From Lord Kitchener to the Secretary of State for War.
Pretoria, May 31, 1902, 5.15 P.M.
It is now settled that the Boer representatives will come here immediately, and also the High Commissioner from Johannesburg. It is possible that the document will be signed to-night. I have received from them a statement saying that they accept and are prepared to sign.
From Lord Kitchener to the Secretary of State for War.
Pretoria, May 31, 1902, 11.15 P.M.
Negotiations with Boer delegates. The document containing terms of surrender was signed here this evening at 10.30 P.M. by all Boer representatives, as well as by Lord Milner and myself.
From Lord Milner to Mr. Chamberlain.
Pretoria, June 1, 10.15 A.M.
The agreement, as amended by his Majesty’s Government in your telegram of May 27, was signed just before 11 P.M. last night by Lord Kitchener and myself and ten Boer delegates, six representing the Transvaal and four Orange Free State. A resolution of Burgher assembly at Vereeniging authorising them to sign was put in by them before signing it. Names of signatories are the same as those in original draft sent in Lord Kitchener’s telegram, except that the initials had been corrected in some cases and Mr. Steyn’s name was omitted. He was too ill to come up, and had already taken his parole. The order of signatories is chiefly the same, except that De Wet signed first of the Orange River Colony delegates, Hertzog next, and then Brebner, the reason being that De Wet was nominated “Acting President” by Steyn on retiring.
