Lord Kitchener: "Do you mean by your proposal that the Boers will become British citizens?"
General Smuts: "I cannot see that our proposal is necessarily in contradiction to that of last year. Our proposal only makes provision concerning the administration."
Lord Milner then quoted from the terms offered at Middelburg by the British Government the previous year:—
"At the earliest possible date military administration shall cease, and be replaced by civil administration in the form of a Crown Colony Government. At first there will be in each of the new Colonies a Governor, an Executive Council consisting of the highest officials, and a Legislative Council, which latter shall consist of a certain number of official members and also of a nominated non-official element. But it is the wish of His Majesty's Government to introduce a representative element as soon as circumstances permit, and, in course of time, to grant to the new colonies the right of self-government.
"It may be that I do not properly understand your proposal, but it seems to me to differ not only in detail, but also in spirit from the scheme I have just read to you."
Judge Hertzog: "I entirely agree with you that there is a difference in idea between the two proposals; but only such a difference in idea as might well be found between Colonies of the same State. In other words, one constitution is adapted for one colony, whilst another constitution is found fitting for another colony, but yet they all belong to the same Empire."
Lord Milner: "Exactly. There are different constitutions in different Colonies; but it seems to me that the policy laid down in your proposal differs from that laid down by His Majesty's Government."
Judge Hertzog: "I think that I am expressing the opinion of the whole Commission when I say that we wish for peace. I draw attention to this to show the way in which, according to my opinion, we should consider the matter. For if we on both sides are really desirous of coming to a settlement, we should not make too much of theoretical difficulties, so long as the practical aim has been obtained. For instance, the different Colonies which now are joined to form the United States once possessed constitutions differing much from one another. Now the constitution laid down in our proposal does not differ so much from that laid down in yours that a practical difference should arise therefrom; and such a practical difference would arise if you insisted upon carrying on negotiations on your own basis. I imagine that England has a certain object before her in South Africa, and I believe that that object can be as well obtained by our proposal as by that of Middelburg. I therefore ask, Is the difference so great that, in order for England to obtain her object, an entirely new status must be called into existence?"
Lord Milner: "We are comparing two different things. Here in the Middelburg scheme there are a number of definite proposals, which enter upon a great mass of particulars. I do not mean to imply that we have not the power to go into particulars. I perfectly understand that it lies within the power of Lord Kitchener and myself to carry on further deliberations with you about details, so as to throw light on any doubtful points, and, perhaps, to make such changes as would not fundamentally affect the scheme. As you say that your proposals are not in contradiction with those formulated at Middelburg, then there is no reason why you should not lay aside your proposals and discuss the Middelburg proposals, which are definite."
Judge Hertzog: "I quite admit that you, Lord Milner, are entitled to say that there is a fundamental difference between our proposals. But it is another question whether the difficulty that thus arises is of such a nature that we—those of us who on both sides are anxious to conclude peace—should not be able to find a solution to it satisfactory to both parties. I cannot answer that question; nor can I see why the same result would not be reached by negotiating on the basis proposed by us as by carrying on negotiations on the Middelburg proposal."