Lord Kitchener: I do not think it quite necessary to embody this proposal in the document. It concerns a very complicated legal question, as to what the rights of creditors and debtors will be, and what the law in the Transvaal precisely is on this subject. I think that everyone may feel assured that the interests of the Boers will be protected equally well by the Government in every possible way, whether this point is actually stipulated or whether it is left over to the Government with the recommendation of this Commission to take the matter into serious consideration. I think that my suggestion is a better way of dealing with such a complicated question. Let the attention of the Government rather be drawn to it. I may be wrong, but as far as I know this will be an intricate question for lawyers, and it would take a long time to state it clearly. It is the desire of us all that you should go to the meeting of your delegates so equipped that you will be able to come to a decision; and I would therefore suggest that you be satisfied that the matter has been brought before us, and entered on the minutes of the meeting. That is, I believe, as far as it is necessary for you to go. The matter can then be taken into serious consideration, not only here, but also in England. And you can be perfectly assured that your interests will be considered in every possible way.
General de la Rey: I think that the matter has been sufficiently brought to the notice of Your Excellencies, and that it need not be embodied in the draft contract, because by doing so one might possibly be infringing on legal principles.
Chief Commandant de Wet: I proceed from this standpoint: There are two parties, and the one ceases entirely to exist, and it is thus natural that that party cannot allow such a vital question to pass by unobserved. And therefore I cannot approve of it that the matter be not inserted in the draft contract. It will not be necessary to bind the Military Government that exists at present and will continue to exist after the war.
Lord Kitchener: But this question will have to be dealt with by the civil Government. It is a matter for lawyers, and will have to be submitted to them and demand much consideration.
General Botha: If hostilities are terminated now a burgher can be sued for debt incurred before the war. I prefer this request, because our law lays down that no burgher can be sued until sixty days after the conclusion of peace.
Lord Kitchener: You may rest fully assured that when the war is over every burgher will have the absolute right to have his position taken into consideration on all points, and that his interests will be protected by the Government just as much, I believe, under the new as under the old régime.
General Botha: I understand that quite well; but the possibility exists that syndicates may be formed to buy up all debts, and the people be ruined before a single burgher is in a position to earn something or to establish his position.
Lord Kitchener: I quite agree with the Commandant General, and he does right to raise this question. But I do not believe that the draft contract is the place in which to bring the question forward. When there is peace, it is the duty of everyone to draw the attention of the Government to what is necessary to help the people. But to imagine difficulties now, and to try to put them right, appears to me to be an endless matter, for which this document is not intended.
Chief Commandant de Wet: I understand that this is something that must be settled by a proclamation, but I want to have as many weapons as possible in my hand when I go back to the Delegates; and one of the first questions which they will put is: "What guarantees have we that we shall not be ruined by our creditors?" And what objection is there that a draft proclamation be given to us to take to Vereeniging, which will be promulgated as soon as peace is concluded?
Lord Kitchener: But this will be something apart from this agreement.