The matter was referred to the High Commissioner, Sir Bartle Frere, and the appointment of a commission was approved by him. He plainly took it for granted that, as Sir T. Shepstone had said, the Transvaal claim was based on “evidence the most incontrovertible, overwhelming, and clear,” and looked to the commission for the double advantage of enabling Sir T. Shepstone “to clear up or put on record, in a form calculated to satisfy Her Majesty’s Government, an answer to all doubts as to the facts and equity of the question,” and of gaining time for preparing a military force to silence and subjugate the Zulus should they object (as he expected) to such an award. That nothing short of military coercion of the Zulus would settle the matter, was evidently Sir Bartle Frere’s fixed idea; in fact that was the foregone conclusion with him from beginning to end.
On February 12th, Sir Henry Bulwer sent a message to Cetshwayo (2079, p. 140), to this effect:
“The Lieut.-Governor now sends to let Cetshwayo know that he has selected, for the purpose of holding this inquiry, the Queen’s Attorney-General in Natal (Hon. M. H. Gallway, Esq.), the Secretary for Native Affairs (Hon. J. W. Shepstone, Esq.), and Colonel Durnford, an officer in the Queen’s army.
“These gentlemen will proceed by-and-by to the place known as Rorke’s Drift, which is on the Buffalo River, and in Natal territory, and they will there open the inquiry on Thursday, March 7th.
“The Lieut.-Governor proposes, as the most convenient course to be taken, that the Zulu king should appoint two or three indunas to represent the Zulu king and the Zulu case at the inquiry, and that these should be at Rorke’s Drift on March 7th, and meet the Natal Commissioners there. The same thing also the Governor proposes shall be done by the Transvaal Government.” And the king’s reply to the messengers was expressive: “I am very glad to hear what you say—I shall now be able to sleep.”
On March 7th the Commission met at Rorke’s Drift, and sat for about five weeks, taking evidence day by day in presence of the representatives deputed, three by the Transvaal Government, and three by the Zulus.
Of the three gentlemen who formed the Commission, one was Sir T. Shepstone’s brother, already mentioned in this history, whose natural bias would therefore certainly not be upon the Zulu side of the question; another was a Government official and an acute lawyer; and the third, Colonel Durnford, to the writer’s personal knowledge, entered upon the subject with an entirely unbiassed mind, and with but one intention or desire, that of discovering the actual truth, whatever it might be. The only thing by which his expectations—rather than his opinions—were in the least influenced beforehand, was the natural supposition, shared by all, that Sir T. Shepstone, who had the reputation of being in his public capacity one of the most cautious of men, must have some strong grounds for his very positive statement of the Transvaal claim.
There was, plainly, some slight confusion in the minds of the three Transvaal delegates, as to their position relative to the Commissioners, with whom they apparently expected to be on equal terms, and in a different position altogether from the Zulu delegates on the other side. This, however, was a manifest mistake. It was particularly desirable that the Zulus should be made to feel that it was no case of white against black; but a matter in which impartial judges treated either side with equal fairness, and without respect of persons. One of the Commissioners was the brother of their chief opponent, one of the Transvaal delegates his son; it would naturally have seemed to the Zulus that the six white men (five out of whom were either Englishmen, or claimed to be such) were combining together to outwit them, had they seen them, evidently on terms of friendship, seated together at the inquiry or talking amongst themselves in their own language.
The Commissioners, however, were careful to avoid this mistake. Finding, on their arrival at Rorke’s Drift, that the spot intended for their encampment was already occupied by the Transvaal delegates, who had arrived before them, they caused their own tents to be pitched at some little distance, in order to keep the two apart. The same system was carried out during the sitting of the Court, at which the Commissioners occupied a central position at a table by themselves, the Transvaal delegates being placed at a smaller table on one hand, mats being spread for the Zulu delegates, in a like position, on the other.[81]