They did not say much however, and indeed, there was nothing to be said, they simply began to pack up such things as they could carry with them, and to leave the country, which they well knew would henceforth be utterly untenable for Englishmen or English sympathisers. In a few weeks they came pouring down through Newcastle by hundreds; it was the most melancholy exodus that can be imagined. There were people of all classes, officials, gentlefolk, work-people, and loyal Boers, but they had a connecting link; they had all been loyal, and they were all ruined.
Most of these people had gone to the Transvaal since it became a British Colony, and invested all they had in it, and now their capital was lost and their labour rendered abortive; indeed, many of them whom one had known as well to do in the Transvaal, came down to Natal hardly knowing how they would feed their families next week.
It must be understood that so soon as the Queen’s sovereignty was withdrawn the value of landed and house property in the Transvaal went down to nothing, and has remained there ever since. Thus a fair-sized house in Pretoria brought in a rental varying from ten to twenty pounds a month during British occupation, but after the declaration of peace, owners of houses were glad to get people to live in them to keep them from falling into ruin. Those who owned land or had invested money in businesses suffered in the same way; their property remains, neither profitable or saleable, and they themselves are precluded by their nationality from living on it, the art of “Boycotting” not being peculiar to Ireland.
Nor were they the only sufferers, the officials, many of whom had taken to the Government service as a permanent profession, in which they expected to pass their lives, were suddenly dismissed, mostly with a small gratuity, which would about suffice to pay their debts, and told to find their living as best they could. It was indeed a case of vae victis,—woe to the conquered loyalists.[*]
[*] The following extract is clipped from a recent issue of
the “Transvaal Advertiser.” It describes the present
condition of Pretoria:—
“The streets grown over with rank vegetation, the water-
furrows uncleaned and unattended, emitting offensive and
unhealthy stenches, the houses showing evident signs of
dilapidation and decay, the side paths, in many places,
dangerous to pedestrians; in fact, everything the eye can
rest upon indicates the downfall which has overtaken this
once prosperous city. The visitor can, if he be so minded,
betake himself to the outskirts and suburbs, where he will
perceive the same sad evidences of neglect, public grounds
unattended, roads uncared for, mills and other public works
crumbling into ruin. These palpable signs of decay most
strongly impress him. A blight seems to have come over this
lately fair and prosperous town. Rapidly it is becoming a
‘deserted village,’ a ‘city of the dead.’”
The Commission appointed by Her Majesty’s Government consisted of Sir Hercules Robinson, Sir Henry de Villiers, and Sir Evelyn Wood, President Brand being also present in his capacity of friend of both parties, and to their discretion were left the settlement of all outstanding questions. Amongst these, were the mode of trial of those persons who had been guilty of acts contrary to the rules of civilised warfare, the question of severance of territory from the Transvaal on the Eastern boundary, the settlement of the boundary in the Keate-Award districts, the compensation for losses sustained during the war, the functions of the British Resident, and other matters. Their place of meeting was at Newcastle in Natal, and from thence they proceeded to Pretoria.
The first question of importance that came before the Commission was the mode of trial to be adopted in the cases of those persons accused of acts contrary to the usages of civilised warfare, such as murder. The Attorney-General for the Transvaal strongly advised that a special Tribunal should be constituted to try these cases, principally because “after a civil war in which all the inhabitants of a country, with very few exceptions, have taken part, a jury of fair and impartial men, truly unbiassed, will be very difficult to get together.” It is satisfactory to know that the Commissioners gave this somewhat obvious fact “their grave consideration,” which, according to their Report, resulted in their determining to let the cases go before the ordinary court, and be tried by a jury, because in referring them to a specially constituted court which would have done equal justice without fear or favour, “the British Government would have made for itself, among the Dutch population of South Africa, a name for vindictive oppression, which no generosity in other affairs could efface.”
There is more in this determination of the Commissioners, or rather of the majority of them—for Sir E. Wood, to his credit be it said, refused to agree in their decision—than meets the eye, the fact of the matter being that it was privately well known to them, that, though the Boer leaders might be willing to allow a few of the murderers to undergo the form of a trial, neither they nor the Boers themselves, meant to permit the farce to go any further. Had the men been tried by a special tribunal they would in all probability have been condemned to death, and then would have come the awkward question of carrying out the sentence on individuals whose deeds were looked on, if not with general approval, at any rate without aversion by the great mass of their countrymen. In short, it would probably have become necessary either to reprieve them or to fight the Boers again, since it was very certain that they would not have allowed them to be hung. Therefore the majority of the Commissioners, finding themselves face to face with a dead wall, determined to slip round it instead of boldly climbing it, by referring the cases to the Transvaal High Court, cheerfully confident of what the result must be.
After all, the matter was, much cry about little wool, for of all the crimes committed by the Boers—a list of some of which will be found in the Appendix to this book—in only three cases were a proportion of the perpetrators produced and put through the form of trial. Those three were, the dastardly murder of Captain Elliot, who was shot by his Boer escort while crossing the Vaal river on parole; the murder of a man named Malcolm, who was kicked to death in his own house by Boers, who afterwards put a bullet through his head to make the job “look better;” and the murder of a doctor named Barber, who was shot by his escort on the border of the Free State. A few of the men concerned in the first two of these crimes were tried in Pretoria: and it was currently reported at that time, that in order to make their acquittal certain our Attorney-General received instructions not to exercise his right of challenging jurors on behalf of the Crown. Whether or not this is true I am not prepared to say, but I believe it is a fact that he did not exercise that right, though the counsel of the prisoners availed themselves of it freely, with the result that in Elliot’s case, the jury was composed of eight Boers and one German, nine being the full South African jury. The necessary result followed; in both cases the prisoners were acquitted in the teeth of the evidence. Barber’s murderers were tried in the Free State, and were, as might be expected, acquitted.
Thus it will be seen that of all the perpetrators of murder and other crimes during the course of the war not one was brought to justice.