Oom Paul's People / A Narrative of the British-Boer Troubles in South Africa, with a History of the Boers, the Country, and Its Institutions

by Howard Clemens Hillegas

A man named Dums, whose big farm on the border became British territory through a treaty, sued the Transvaal Government for damages, whereupon the Raad passed a law that Dums could never sue the Government for anything. The High Court sustained the law, and Dums is now a poor cab-driver in Pretoria. Another man sued the Government for damages for injuries resulting from a fall in the street. He was successful in his suit, but the Raad immediately thereafter passed a law making it impossible for any person to sue the Government for injuries received on public property.

During a severe drought in the Transvaal an American professional rain-maker asked the Raad for a concession allowing him the exclusive privilege to precipitate rain by means of explosives in the air. The Raad had a long and animated discussion on the subject, owing to the opposition of several of the less enlightened members, who declared that the project was sacrilegious. "It is a sin," they declared, "to poke your fingers in the Lord's eye to make him weep." The abiding faith which some of the Raad members have in divine guidance is illustrated by a discussion that took place in the body shortly after the Jameson raid. One member declared that "the Lord will assist us in this matter if we will only bide our time," whereupon another member rose and said, "If we do not soon get down to business and do something without the Lord's assistance, the Lord will take a holiday and let the Transvaal go to hell." A law which was in effect for almost two years made it a misdemeanour for any one to sing "God save the Queen" or "Rule Britannia" in the country. Mass meetings are prohibited in the Transvaal, but Germany and other countries with less political foment have equally stringent regulations on the same subject, so the Uitlanders' grievance on that account is nullified.

Second to that of the Volksraad, the highest power in the Government of the country is the High Court, which is composed of some of the ablest jurists in South Africa. From a constitutional standpoint the High Court has no right or power to review the acts of the Volksraad. The Constitution of the country gives supreme power to the Volksraad in all legislative matters, and when a chief justice of the High Court recently attempted to extend his jurisdiction over the acts of the Volksraad that body unceremoniously dismissed him. The purpose of that part of the Constitution which relates to the subjugation of the High Court is to prevent some influential enemy of the republic from debauching the High Court and in that way defying the authority of the Volksraad. In a country which has so many peculiar conditions and circumstances to contend with, the safety of its institutions depends upon the centralization of its legislative and administrative branches, and the wisdom of the early burghers who framed the Constitution so that the entire governing power lay in the hands of the country's real patriots has been amply demonstrated upon several occasions.

The civil and criminal laws of the country are administered throughout the different political divisions by local magistrates, called land-drosts, who also collect the revenues of the district and inform the Volksraad of the needs of the people under their jurisdiction. The land-drost is the prototype of the old-time American country squire, in that he settles disputes, awards damages, and conducts official business generally. In the majority of cases the land-drosts are aged persons who have the respect and esteem of the members of the community in which they dwell and to whom they bear the relation of fatherly advisers in all things. In Johannesburg and Pretoria the land-drosts are men of eminent station in the legal profession of South Africa, and are drawn from all parts of the country, regardless of their political or racial qualifications. All the court proceedings are conducted in the Dutch language, and none but Dutch-speaking lawyers are admitted to practise before the bar. The law of the land is Holland-Roman.

The military branch of the Government is undoubtedly the best and most effective because it is the simplest. It is almost primitive in its simplicity, yet for effectiveness its superior is not easily found. The Transvaal glories in its army, and, as every man between the ages of sixteen and sixty is a nominal member of the army, nothing is left undone to make it worthy of its glory. The standing army of the republic numbers less than two hundred men, and these are not always actively engaged. A detachment of about twenty soldiers is generally on duty in the vicinity of the Government House at Pretoria, and the others are stationed at the different forts throughout the republic. The real army of the Transvaal, however, is composed of the volunteer soldiers, who can be mobilized with remarkable facility.

The head of the army is the commandant-general, who has his headquarters in Pretoria. He is under the immediate jurisdiction of the Volksraad and the President, who have the power to declare war and direct its conduct. Second in authority to the commandant-general are the commandants, permanent officials who have charge of the military affairs of the seventeen districts of the republic. Under the old South African burgher law each commandant in any emergency "commandeers" a certain portion of men from his district.

The various districts are subdivided into divisions in charge of field-cornets and assistant field-cornets. As soon as the commandant-general issues an order for the mobilization of the volunteer army the commandants and their assistants, the field-cornets, speedily go from one house to another in their districts and summon the burghers from their homes. When the burgher receives the call, he provides his own gun, horse, and forage, and hastens to the district rendezvous, where he places himself under the orders of the field-cornet. After all the burghers of the district have gathered together, the body proceeds into an adjoining district, where it joins the forces that have been similarly mobilized there. As a certain number of districts are obliged to join their forces at a defined locality, the forces of the republic are consequently divided into different army divisions under the supervisions of the commandants.

In the event that Pretoria were threatened with attack, the order would be given to move all the forces to that city. The districts on the border would gather their men and march toward Pretoria, carrying with them all the forces of the districts through which they were obliged to pass. So simple and perfect is the system that within forty-eight hours after the call is issued by the commandant-general four army divisions, representing the districts in the four quarters of the republic and consisting of all the able-bodied men in the country, can be mobilized on the outskirts of Pretoria. It is doubtful whether there is another nation on earth that can gather its entire fighting strength at its seat of government in such a brief time.

The Transvaal Boer is constantly prepared for the call to arms. He has his own rifle and ammunition at his home, and when the call comes he need only bridle his horse--if he is so fortunate as to possess an animal so rare in the Transvaal--stuff several pounds of biltong, or dried beef, in his pockets, and commence the march over the veldt to the district rendezvous. He can depend upon his wife and children to care for the flocks and herds; but if the impending danger appears to be great, the cattle are deserted and the women and children are taken to a rendezvous specially planned for such an emergency. If there is a need, the Boer woman will stand side by side with her husband or her brother or her sweetheart, and will allow no one to surpass her in repelling the attacks of the enemy. Joan of Arcs have been as numerous in the Boer armies as they have been unheralded.

The head of the military branch of the Transvaal Government for many years has been Commandant-General P. J. Joubert, who, following President Kruger, is the ablest as well as the most popular Boer in South Africa. General Joubert is the best type of the Boer fighter in the country, and as he represents the army, he has always been a favourite with the class which would rather decide a disputed point by means of the rifle than by diplomacy, as practised by President Kruger. General Joubert, although the head of the army, is not of a quarrelsome disposition, and he too believes in the peaceful arbitration of differences rather than a resort to arms. By the Uitlanders he is considered to be the most liberal Boer in the republic, and he has upon numerous occasions shown that he would treat the newcomers in the country with more leniency than the Kruger Government if he were in power.