These doctrines were not, however, at all acceptable to Burgers' party, or the more enlightened members of the community, and so bitter did the struggle of rival opinions become that there is very little doubt that had the country not been annexed, civil war would have been added to its other calamities. Meanwhile the natives were from day to day becoming more restless, and messengers were constantly arriving at the Special Commissioner's camp, begging that their tribe might be put under the Queen, and stating that they would fight rather than submit any longer to the Boers.

At length on the 9th April, Sir T. Shepstone informed the Government of the Republic that he was about to declare the Transvaal British territory. He told them that he had considered and reconsidered his determination, but that he could see no possible means within the State by which it could free itself from the burdens that were sinking it to destruction, adding that if he could have found such means he would certainly not have hidden them from the Government. This intimation was received in silence, though all the later proceedings with reference to the Annexation were in reality carried out in concert with the authorities of the Republic. Thus on the 13th March the Government submitted a paper of ten questions to Sir T. Shepstone as regards the future condition of the Transvaal under English rule, whether the debts of the State would be guaranteed, &c. To these questions replies were given which were on the whole satisfactory to the Government. As these replies formed the basis of the proclamation guarantees, it is not necessary to enter into them.

It was further arranged by the Republican Government that a formal protest should be entered against the Annexation, which was accordingly prepared and privately shown to the Special Commissioner. The Annexation proclamation was also shown to President Burgers, and a paragraph eliminated at his suggestion. In fact, the Special Commissioner and the President, together with most of his Executive, were quite at one as regards the necessity of the proclamation being issued, their joint endeavours being directed to the prevention of any disturbance, and to secure a good reception for the change.

At length, after three months of inquiry and negotiation, the proclamation of annexation was on the 12th of April 1877 read by Mr. Osborn, accompanied by some other gentlemen of Sir T. Shepstone's staff. It was an anxious moment for all concerned. To use the words of the Special Commissioner in his despatch home on the subject, "Every effort had been made during the previous fortnight by, it is said, educated Hollanders, and who had but lately arrived in the country, to rouse the fanaticism of the Boers, and to induce them to offer 'bloody' resistance to what it was known I intended to do. The Boers were appealed to in the most inflammatory language by printed manifestoes and memorials; … it was urged that I had but a small escort, which could easily be overpowered." In a country so full of desperadoes and fanatical haters of anything English, it was more than possible that, though such an act would have been condemned by the general sense of the country, a number of men could easily be found who would think they were doing a righteous act in greeting the "annexationists" with an ovation of bullets. I do not mean that the anxiety was personal, because I do not think the members of that small party set any higher value on their lives than other people, but it was absolutely necessary for the success of the act itself, and for the safety of the country, that not a single shot should be fired. Had that happened it is probable that the whole country would have been involved in confusion and bloodshed, the Zulus would have broken in, and the Kafirs would have risen; in fact, to use Cetywayo's words, "the land would have burned with fire."

It will therefore be easily understood what an anxious hour that was both for the Special Commissioner sitting up at Government House, and for his staff down on the Market Square, and how thankful they were when the proclamation was received with hearty cheers by the crowd. Mr. Burgers' protest, which was read immediately afterwards, was received in respectful silence.

And thus the Transvaal Territory passed for a while into the great family of the English Colonies. I believe that the greatest political opponent of the act will bear tribute to the very remarkable ability with which it was carried out. When the variety and number of the various interests that had to be conciliated, the obstinate nature of the individuals who had to be convinced, as well as the innate hatred of the English name and ways which had to be overcome to carry out this act successfully, are taken into consideration, together with a thousand other matters, the neglect of any one of which would have sufficed to make failure certain, it will be seen what tact and skill and knowledge of human nature was required to execute so difficult a task. It must be remembered that no force was used, and that there never was any threat of force. The few troops that were to enter the Transvaal were four weeks' march from Pretoria at the time. There was nothing whatsoever to prevent the Boers putting a summary stop to the proceedings of the Commissioner if they had thought fit.

That Sir Theophilus played a bold and hazardous game nobody will deny, but, like most players who combine boldness with coolness of head and justice of cause, he won; and, without shedding a single drop of blood, or even confiscating an acre of land, and at no cost, annexed a great country, and averted a very serious war. That same country four years later cost us a million of money, the loss of nearly a thousand men killed and wounded, and the ruin of many more confiding thousands, to surrender. It is true, however, that nobody can accuse the retrocession of having been conducted with judgment or ability—very much the contrary.

There can be no more ample justification of the issue of the Annexation proclamation than the proclamation itself.

First, it touches on the Sand River Convention of 1852, by which independence was granted to the State, and shows that the "evident objects and inciting motives" in granting such guarantee were to promote peace, free-trade, and friendly intercourse, in the hope and belief that the Republic "would become a flourishing and self-sustaining State, a source of strength and security to neighbouring European communities, and a point from which Christianity and civilisation might rapidly spread toward Central Africa." It goes on to show how these hopes have been disappointed, and how that increasing weakness in the State itself on the one side, and more than corresponding growth of real strength and confidence among the native tribes on the other, have produced their natural and inevitable consequence … that after more or less of irritating conflict with aboriginal tribes to the north, there commenced about the year 1867 gradual abandonment to the natives in that direction of territory settled by burghers of the Transvaal "in well-built towns and villages and on granted farms."

It goes on to show that "this decay of power and ebb of authority in the north is being followed by similar processes in the south under yet more dangerous circumstances. People of this State residing in that direction have been compelled within the last three months, at the bidding of native chiefs, and at a moment's notice, to leave their farms and homes, their standing crops … all to be taken possession of by natives, but that the Government is more powerless than ever to vindicate its assumed rights or to resist the declension that is threatening its existence." It then recites how all the other colonies and communities of South Africa have lost confidence in the State, how it is in a condition of hopeless bankruptcy, and its commerce annihilated, whilst the inhabitants are divided into factions, and the Government has fallen into "helpless paralysis." How also the prospect of the election of a new President, instead of being looked forward to with hope, would in the opinion of all parties be the signal for civil war, anarchy, and bloodshed. How that this state of things affords the very strongest temptation to the great neighbouring native powers to attack the country, a temptation that they were only too ready and anxious to yield to, and that the State was in far too feeble a condition to repel such attacks, from which it had hitherto only been saved by the repeated representations of the Government of Natal. The next paragraphs I will quote as they stand, for they sum up the reasons for the Annexation.