Then he had against him a tribe of natives whom he could not conquer, and at the same time the British Government and British feeling. And he had not a shilling in the Treasury. Nominal taxes there were;—but no one would pay them. As they were all direct taxes, it was open to the people to pay them or to decline to do so. And they declined. As no one had any confidence in anything, why should any one pay five or ten pounds to a tax gatherer who had no constable at his back to enforce payment? No one did do so, and there was not a shilling in the Treasury. This was the condition of the South African Republic when Sir Theophilus Shepstone arrived at Pretoria on January 22nd, 1877, with six or seven other gentlemen from Natal and a guard of 25 mounted policemen.
CHAPTER III.
THE TRANSVAAL.—ANNEXATION.
I have endeavoured in the last chapter to tell very shortly the story of the South African Republic and to describe its condition at the moment when our Secretary of State at home took the unusual step of sending a British Commissioner,—not with orders to take possession of the land but with orders which have been held to justify the act when done. I doubt whether there is a precedent for so high-handed a deed in British history. It is as though the rulers of Germany were to say that in their opinion the existence of a Switzerland in Europe was deleterious and dangerous, and that therefore they would abolish Switzerland as a Republic, and annex its territory. It will be said that the case would be different because Switzerland is well governed and prosperous. But the Germans in such a case would say that they thought otherwise,—which is what we say here,—and that they therefore took it. It was we who found fault with the management of that other Republic and we who have taken possession of the land. It is well that the whole truth as to the matter should be understood. If we had done this act in compliance with the expressed wish of the inhabitants generally, that would be a justification. But it cannot fairly be said that such was the case here. A nation with a popular parliament can only be held to express its opinion to another nation by the voice of its parliament;—and the Volksraad of the Transvaal was altogether opposed to the interference of Great Britain. I will touch upon this matter again presently when alluding to the words of the Commission given to the British Commissioner by the Secretary of State at home;—but I think it must be acknowledged that no other expression of opinion, unless it be a general rising of a people, can be taken as national. In nine cases out of ten petitions ought to be held to mean nothing. They cannot be verified. They show the energy of the instigators of the petition and not of the petitioners. They can be signed by those who have and by those who have not an interest in the matter. The signatures to them can be readily forged. At home in England the right of petitioning is so dear to us from tradition that we still cling to it as one of the bulwarks of our freedom; but there cannot be a statesman, hardly a Member of Parliament among us, who does not feel that pen and ink and agitating management have become so common that petitions are seldom now entitled to much respect.
It may perhaps be said that we have repeatedly done the same thing in India. But a little thinking will show that our Indian annexations have been quite of a different nature. There we have gone on annexing in opposition to the barbarism and weakness of native rule against which our presence in India has, from the first, been a protest. Each annexation has been the result of previous conquest and has been caused by non-compliance with the demands of the conquerors. In the Transvaal we have annexed a dominion which was established by ourselves in express obedience to our own requisitions, which was in the possession of European rulers, which was altogether independent, and as to the expediency of annexing which we have had nothing to guide us but our own judgment and our own will. It is as though a strong boy should say to a weak one, “It is better that I should have that cricket bat than you,” and should therefore take it.
The case will seem to be still stronger if it shall appear, as I think it will, that Sir Theophilus Shepstone, the Commissioner appointed to this work, did what he did do without complete authority. It is evident that there was doubt in the Colonial Office at home. The condition of the Transvaal was very bad. Slavery was rampant. The Natives were being encouraged to rebellion. The President was impotent. The Volksraad was stiff-necked and ignorant. There was no revenue, no order, no obedience. The Dutch seemed to have forgotten even the way to fight. What were we to do with such neighbours,—for whose inefficiency we were in a measure responsible, having ourselves established the Republic? That we must interfere for our own protection in regard to the Natives seemed to be necessary. As has been said so often, there was a house on fire next door to us, in the flames of which we might ourselves be enveloped. Remonstrances had been frequent and had been altogether ineffectual. The Republic was drifting,—nay, had drifted into Chaos. If any other people could have assisted us in putting out the fire, French, Germans, or Italians,—so that we might not seem to tyrannise,—it would have been so comfortable! But in South Africa we had none to help us. And then though this Republic was more than half Dutch it was also only less than half English.
Something must be done; and therefore an order was sent out directing Sir Theophilus Shepstone to go to Pretoria and see what he could do. Sir Theophilus was and for many years had been Minister for Native Affairs in the Colony of Natal, and was credited,—no doubt correctly,—with knowing more about the Natives than any other European in South Africa. He was a man held in special respect by the King of the Zulus, and the King of the Zulus was in truth the great power whom both Dutch and English would dread should the natives be encouraged to rebel. When men have talked of our South African house being in danger of fire, Cetywayo the King of the Zulus has been the fire to whom they have alluded. So Sir Theophilus started on his journey taking his Commission in his pocket. He took a small body of policemen with him as an escort, but advisedly not a body that might seem by its number to intimidate even so weak a Government as that of the South African Republic.
The writing of the Commission must have been a work of labour, requiring much thought, and a great weighing of words. It had to be imperative and yet hemmed in by all precautions; giving clear instruction, and yet leaving very much to the Commissioner on the spot who would have his work to do in a distant country not connected with the world by telegraph wires. The Commission is long and I will not quote it all; but it goes on to say that “if the emergency should seem to you to be such as to render it necessary, in order to secure the peace and safety of Our said Colonies and of Our subjects elsewhere that the said territories, or any portion or portions of the same, should provisionally and pending the announcement of Our pleasure, [4] be administered in Our name and on Our behalf, then and in such case only [4] We—” authorize you to annex so much of any such territories as aforesaid.
But the caution against such annexing was continued much further. “Provided first—that”—no such annexation shall be made—“unless you shall be satisfied that the inhabitants thereof, or a sufficient number of them, or the Legislature thereof [4] desire to become Our subjects, nor if any conditions unduly limiting Our power and authority are sought to be imposed. And secondly, that, unless the circumstances are such as in your opinion to make it necessary to issue a Proclamation forthwith, no such Proclamation shall be issued by you until the same has been submitted to and approved by——” the Governor of the Cape Colony, all whose titles are given at great length.
Could anything be more guarded, or less likely one would say on the mere perusal of the document, to lead to an immediate and permanent annexation of the whole country. The annexation if made at all was to be provisional only and pending the Queen’s pleasure, and then it was only to be made if the inhabitants, or a sufficient number of them, or the Legislature should wish it. What the sufficient number might be was left to the discretion of the Commissioner. But he was only to do this in compliance with the wishes of the people themselves. He was to take temporary possession,—only temporary possession,—of a part of the Transvaal should the people desire it, and in the event of such a measure being approved by a distant Governor,—unless the circumstances were such as to make him think it expedient to do it without such approval. Such was the nature of the Order, and I think that any one reading it before the event would have said that it was not intended to convey an authority for the immediate and permanent annexation of the whole country.
But Sir Theophilus, after a sojourn of ten weeks at Pretoria, in which the question of the annexation was submitted to the Volksraad and in which petitions and counter-petitions were signed, did annex the whole country permanently, without any question of provisional occupation, and without, as far as I have been able to learn, any sanction from the Governor of the Cape Colony. As to conditions limiting Her Majesty’s power, the mere allusion to such a condition of things seems to be absurd now that we know what has been done. “Now therefore I do ... proclaim and make known that from and after the publication hereof the territory heretofore known as the South African Republic ... shall be, and shall be taken to be, British territory.” These are the words which contain the real purport of the Proclamation issued by Sir Theophilus Shepstone at Pretoria on 12th April, 1877. Was ever anything so decided, so audacious, and apparently so opposed to the spirit of the instructions which the Commissioner had received? When the Secretary of State received a telegram from Madeira, the nearest telegraph station, saying that the Transvaal had been annexed, which he did in the following May, he surely must have been more surprised than any other man in England at what had been done.