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those of possible allies, have to be considered, makes it seem necessary that the Emperor should not be hampered by statutory provisions in issuing these Regulations.

PROCLAMATION issued by the High Commissioner for South Africa, relative to the Alienation of Property by the Governments of the South African Republic and the Orange Free State.-Cape Town, March 19, 1900.

NOTICE is hereby given that the Government of Her Majesty will not recognize as valid or effectual any alienations of property whether of lands, railways, mines, or mining rights, within the territories of the South African Republic or Orange Free State, or any interest therein of whatsoever nature, or any charges or encumbrances of whatsoever description upon any such property or interest as aforesaid, effected, declared, charged, or made by the Governments of the South African Republic or Orange Free State subsequently to the date of this Proclamation, nor any concessions granted by either of the said Governments subsequent to such date. Cape Town, March 19, 1900.

PAPERS relating to Negotiations between Commandant Louis Botha and Lord Kitchener for the Termination of the War in South Africa.-February-July, 1901.

High Commissioner Sir A. Milner to Mr. Chamberlain.—(Received February 23.)

(No. 121.)

(Telegram.)

FOLLOWING telegram received from Pretoria :

February 23, 1901. Commander-in-chief,

Begins 22nd February. Mrs. L. Botha has come back from meeting her husband to-day, and has brought me a letter from him in answer to a verbal message from me that, if he desired it, I would meet him as to means of bringing the war to an end, on the express understanding that I should not do so if the question of the independence of the Transvaal and Orange River Colony were to be discussed in any way. Mrs. Botha assures me the letter was written with that point clearly understood, and that Botha had referred the matter to his Generals. Meeting will probably take place at Middelburg, Transvaal. End of telegram.

(No. 4.)

Mr. Chamberlain to High Commissioner Sir A. Milner.

(Telegram.)

Downing Street, February 23, 1901.

YOUR telegram No. 121.

I am glad to hear of Botha's desire to treat, and I hope that it is genuine. He will find us most anxious, in that case, to meet him on all points affecting individual position. We have already made clear the policy we intend to pursue as to future government.

High Commissioner Sir A. Milner to Mr. Chamberlain.-(Received

(No. 141.)
(Telegram.)

February 27.)

February 27, 1901.

I HAVE received the following from Lord Kitchener :Begins: Botha has written to say that he will be here at 10 A.M. to-morrow.

(Telegram.)

Lord Kitchener to Mr. Brodrick.

Pretoria, March 1, 1901. 28th February.-I have had a long interview with Botha, who showed very good feeling and seemed anxious to bring about peace. He asked for information on a number of subjects which he said that he should submit to his Government and people, and if they agreed he should visit Orange River Colony and get them to agree. They should all then hand in their arms and finish the war. He told me that they could go on for some time, and that he was not sure of being able to bring about peace without independence. He tried very hard for some kind of independence; but I declined to discuss such a point, and said that a modified form of independence would be most dangerous, and likely to lead to war in the future. Subject was then dropped, and

1. The nature of future government of Colonies asked about. He wanted more details than were given by Colonial Secretary, and I said that, subject to correction from home, I understood that when hostilities ceased military guard would be replaced by Crown Colony administration, consisting of nominated Executive, with elected assembly to advise administration, to be followed after a period by representative government. He would have liked representative government at once, but seemed satisfied with above.

2. Whether a Boer would be able to have a rifle to protect him from native ? I said I thought he would be, by a licence and on registration.

3. He asked whether Dutch language would be allowed. I said that English and Dutch would, I thought, have equal rights. He expressed hope that officials dealing with farmers would know Dutch.

4. The Kaffir question. This turned at once on franchise of Kaffirs, and a solution seemed to be that franchise should not be given to Kaffirs until after representative government was granted to Colonies. Orange Free State laws for Kaffirs were considered good.

5. That Dutch Church property should remain untouched.

6. Public trusts and orphan funds to be left intact. He asked whether British Government, in taking over the assets of Republics, would also take over legal debts. This he made rather a strong point of, and he intended it to include debts legally contracted since the war began. He referred to notes issued amounting to less than a million.

7. He asked if any war tax would be imposed on farmers. I said I thought not.

8. When would prisoners of war return?

9. He referred to pecuniary assistance to repair burnt farms, and enable farmers to start afresh. I said I thought some assistance would be given.

10. Amnesty to all at end of war. We spoke of colonials who joined Republics, and he seemed not adverse to their being disfranchised.

I arranged with him that I should write and let him know the view of the Government on these points. All I said during the interview was qualified by being subject to confirmation from home. He was anxious to get an answer soon.

High Commissioner Sir A. Milner to Mr. Chamberlain - -(Received March 3.)

(B 1.)
(Telegram.)

Bloemfontein, March 3, 1901. It is suggested by Kitchener that the following letter should be sent to Botha :

Begins:

Your Honour,

With reference to our conversation at Middelburg on the 28th February, I beg to inform you that on the cessation of hostilities and the complete surrender of arms, ammunition, cannon, and other munitions of war now in the hands of the burghers in the field or in Government depôts or elsewhere, His Majesty's Government is

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prepared at once to grant an amnesty in the Transvaal and Orange River Colony for all bond fide acts of war committed during the recent hostilities; as well as to move the Governments of Cape Colony and Natal to take similar action, but qualified by the dis franchisement of any British subjects implicated in the recent war. All prisoners of war now in St. Helena, Ceylon, or elsewhere will, on the completion of the surrender, be brought back to their country. At the same time military law will cease and be at once replaced by civil administration, which will at first consist of a Governor and a nominated Executive, with or without an advisory elected Assembly; but it is the desire of His Majesty's Government, as soon as circumstances permit, to establish representative govern. ment in the Transvaal and Orange River Colony. Moreover, on the cessation of hostilities, a High Court will be established to administer the laws of the land, and this Court will be independent of the Executive.

Church property, public trusts, and orphan funds will be respected, and both the English and the Dutch languages will be used and taught in public schools and allowed in Courts of Law.

As regards the legal debts of the State, they will be paid, even if contracted during hostilities, to the extent to which the creditor can show to the satisfaction of a Commission or Judge that he has given value for his debt. The sum to be paid under this head will not, however, exceed 1,000,000l., and if bond fide debts to a greater amount are proved they will have to be reduced proportionally to bring them within that figure.

I also beg to inform your Honour that it is the intention of His Majesty's Government to take steps to assist farmers who have suffered loss by the destruction of farms or the capture of stock during the war, and that no special tax will be imposed upon farmers to defray the expenses of the war. Where burghers require the protection afforded by fire-arms, such will be allowed to be kept by licence and with due registration. Licences will be also issued for sporting rifles, guns, &c.

As regards the extension of the franchise to Kaffirs in the Transvaal and Orange River Colony, it is not the intention of His Majesty's Government to give such a franchise before a representative government is granted to those Colonies. Ends.

With the following exception I agree with the above. In paragraph 1, instead of the words "as well as to move the Governments of Cape Colony," &c., read the following: "British subjects of Cape Colony or Natal, though they will not be compelled to return to those Colonies, will, if they do so, be liable to be dealt with under the laws of those Colonies specifically passed to meet the circum

stances arising out of the present war, and which greatly mitigate the ordinary penalties of rebellion."

While willing to concede much in order to strengthen Botha in inducing his people to submit, the amnesty of rebels is not, in my opinion, a point which His Majesty's Government can afford to concede. I think it would have a deplorable effect in Cape Colony and Natal to obtain peace by such a concession.

Mr. Chamberlain to High Commissioner Sir A. Milner.

(No. 2.)
(Telegram.)

Downing Street, March 6, 1901. YOUR telegram 3rd March, B. 1: Kitchener's proposed letter. Kitchener should modify the terms of his letter in accordance with following instructions and observations of His Majesty's Government::

The first paragraph implies, of course, the total cessation of hostilities, and not the surrender of Botha only while other bands may be continuing the war. It should be made clear that this is the condition precedent to the subsequent promises.

His Majesty's Government feel that they cannot promise to ask for complete amnesty to Cape and Natal rebels, who are in totally different position to burghers, without injustice to those who have remained loyal under great provocation, and they are prepared substantially to adopt your words, but you must consider whether your last line is strictly applicable to Natal.

Following points in letter also require amendment:

1. The words as to prisoners of war may be misconstrued. We cannot possibly undertake to bring all back immediately. Transport will be wanted to bring home large portion of the army, and repatriation of burghers must be gradual. Also, we will only bring back to South Africa burghers and colonists: the foreigners must go to their own countries. Accordingly after "prisoners of war" insert "being burghers or colonists," and after "country" insert "as quickly as arrangements can be made for their transport."

2. For "military law will cease" say "military administration will cease." It is possible that there may be disturbed districts for some time after terms have been accepted, and Governor of Colonies cannot abandon right of proclaiming martial law where necessary. In the same sentence omit the words "at the same time" and “at once," and substitute at the beginning the words "at the earliest practicable date."

3. Constitution.-For "consist of a Governor" down to "Assembly" read "consist of a Governor and an Executive Council composed of the principal officials with a Legislative Council con

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