TREATMENT OF UITLANDERS—FRANCHISE
To resume the cursory history of the Transvaal. Mr. Burger, during his Presidency in the early seventies, went to Europe with the mission of attracting capital to the development and exploitation of gold, etc., then already authentically discovered; also, to provide for the building of a railway connecting with Delagoa Bay. The Transvaal Boers were at that time exceedingly poor, and without a sufficient revenue for properly maintaining the administration. Beyond creating a lively interest, his success was confined to an agreement with a company in Holland for building a section of that railroad, which, however, fell through, because the Transvaal proved ultimately unable to furnish its quota of the necessary funds. The present President fared better. A Dutch company styled "The Nederlandsch Zuid Afrikaansche Spoorweg Maatschappy," abbreviated "Z.A.S.M.," undertook the work and completed it in 1887, from the Portuguese border to Pretoria. The line from Pretoria to the Natal border was soon after built, as also several extensions around the Wit-waters Rand, and that from Pretoria to Pietersburg. The section connecting Delagoa Bay as far as the Transvaal border had previously been completed by McMurdo, and is the subject of the present Berne arbitration.[2]
The contract conferred to the Dutch Company a monopoly, and most advantageous financial terms as well. By that time great strides had been made in the development of the Transvaal gold-fields, especially at the Wit-waters Rand (Johannesburg); and immigration on a large scale from all parts of the world had set in, and was constantly increasing with vast amounts of investments in mercantile and other enterprises, as well as in mining industries. At first, equitable laws governed burghers and Uitlanders alike, administered by an independent judiciary. All desirable security was afforded for person and property, with confidence in the safety of investments, and great general prosperity kept pace with ever-increasing activities and enterprise.
It was a great satisfaction to Uitlanders that the peace of 1881, and the reinstatement of Transvaal independence, had restored harmony between Boer and English, and that a policy was being followed to preclude friction between the respective Governments. Those facts largely stimulated investments and enhanced confidence. By 1887 the alien population had already exceeded 100,000, and the capital investments £200,000,000 sterling, and the desire so ardently entertained by the people of the land, for twenty years back, was gratified at last. The burghers shared in the prosperity to a very large degree, and in lieu of former poverty, competence and wealth became the rule, and many of them became exceedingly rich. It was not unusual to hear Boers expressing undisguised gratitude, not merely for the natural gold deposits, but specially also that people had come to prospect and to invest capital, without which the wealth of the land would have remained unexploited and lain fallow. Harmony and cordiality were the proper outcome between foreigners and Boers. The influx of capital and of immigrants continued to increase, but not so the happy conditions. These were gradually getting marred by a spirit of variance, no one seemed to know how. The study of this paper will reveal it. The variance between Boers and Uitlanders began to be specially discernible from 1887 and had been increasing like a blight ever since. This was noticeably coincident with the numerous arrivals of educated Hollanders employed for the railways and the Government administration.
In the earlier period of the Transvaal Republic, one year's residence was first held sufficient for acquiring full franchise or burgher rights and voting qualifications. The condition was successively raised to two, three, and five years; but in 1890 laws were passed which required fourteen years' probation, with conditions which virtually brought the term to twenty-one years, and even then left the acquisition of full franchise to the caprice of field-cornets and higher officials. Englishmen and their descendants were at one time totally and for ever excluded and disqualified just merely because of their nationality whilst Hollanders were admitted in very large numbers without having to pass any probation at all or only comparatively short terms. The English language became a target for hostility and as good as proscribed; impracticable and ludicrous attempts even were made to exclude its use in Johannesburg, where hardly any Uitlander understood Dutch, whilst every Boer official was well versed in English: market and auction sales were to be conducted only in Dutch; bills of fare at hotels and restaurants were also to be in full-fledged Dutch only—and all this, it must be remembered, some years before the Jameson incursion took place.
The judiciary, which, according to the "Grondwet" (Constitution), was the highest legal authority, was by one stroke of enactment rendered subservient and subordinate to the First Volksraad. The then Chief Justice (Kotzee) was ignominiously deposed for honourably contending against the grave departure from right and justice in subverting the sacred prerogative due to the highest tribunal, which Boer and Uitlander alike relied upon for independent justice.
A new system of education was next introduced which admitted only High Dutch as the medium of instruction in public schools. As only Hollander children could benefit by such tuition, and whereas those of other immigrants could not understand that language, the effect was that parents of English and other nationalities had to combine in establishing private schools or else to employ private teachers at their own expense—whilst paying, in the way of taxation, for Hollander public schools as well. That oppressive system was subsequently somewhat modified in a manner which admitted the English language as a medium for a portion of the school hours, the proportion so accorded being larger in Johannesburg and other such wholly English-speaking centres than in other parts of the State; but the amelioration did not take place until after much irritation and expense had been occasioned, nor did it meet the case of hardship more than half-way. I may here place the remark that the public educational department is conducted without stint of expenditure in providing from Holland the amplest and best school equipments and highly salaried Dutch professors and teachers.
Irritating class legislation began to be systematically resorted to, to the prejudice of Uitlanders (the majority of whom, it will be borne in mind, were English), which painfully pointed to a fixed determination on the part of the Boers to lord it over them as a totally inferior class, allowing them no representation, and to treat them, in fact, just as a conquered people placed under tribute and proper only to be dominated and exploited.
Boers could walk or ride about armed to the teeth, whilst Uitlanders were forbidden to possess arms under penalty of confiscation and other punishments (except sporting-guns under special permit). The like irritations became rampant by 1890 already.
The alien population were at first too much occupied with their prosperous vocations to combine in the way of protesting against such prevailing usage. The Press was, however, eventually employed, and the Government was approached with respectful petitions praying for redress of the most glaring causes of discontent; but those were invariably either disdainfully rejected or ignored, or, if some matter was relieved, other more exasperating enactments were defiantly substituted. They were cynically told that they had come to their (the Boer's) country unasked, and were at liberty, and in fact invited, to leave it if the laws did not please them. This was said, well knowing that to leave would involve too great sacrifices of homes and investments. The Uitlanders could not, however, be brought to the belief that the Government of a conscientious people could persist in dealing with them as if a previous design had existed—first to inveigle them and their capital into their midst, with the object of goading and despoiling them afterwards. The course of petitioning and respectful remonstrances was therefore persevered in, but all to no purpose. Indignation and resentment were the natural result of those failures. There appeared no alternative but to submit or else to abandon all and leave the country.