General Botha thought that they had the right to alter one or more of the clauses, because the burghers in the field had the right to surrender unconditionally.
Lord Milner said that the burghers could naturally do so. But the document from the British Government could not be altered.
The Colonial Rebels.
Privately, much discussion had already taken place in the interests of the Colonials who had fought on the Republican side, and an informal conversation now followed on this subject.
Lord Milner communicated what the British Government intended to do with these Colonists, which intention appears from the following document which he read:—
"His Majesty's Government must place it on record that the treatment of Cape and Natal Colonials who have been in Rebellion, and who now surrender, will, if they return to their Colonies, be determined by the Colonial Governments and in accordance with the Laws of the Colonies, and that any British Subjects who have joined the Enemy will be liable to trial under the Law of that part of the British Empire to which they belong.
"His Majesty's Government are informed by the Cape Government that the following are their views as to the terms which should be granted to British Subjects of the Cape Colony who are now in the Field or who have surrendered or have been captured since April 12, 1901. With regard to Rank and File, that they should all upon surrender after giving up their Arms sign a document before the Resident Magistrate of the District in which surrender takes place acknowledging themselves guilty of High Treason, and that the Punishment to be awarded to them, provided they shall not have been guilty of Murder or other acts contrary to the usages of Civilised Warfare, should be that they shall not be entitled for life to be registered as Voters or to vote at any Parliamentary, Divisional Council, or Municipal Election.
"With reference to Justices of the Peace, and Field Cornets of the Cape Colony and all other persons holding an Official Position under the Government of the Cape Colony, or who may occupy the Position of Commandant of Rebel or Burgher Forces, they should be tried for High Treason before the ordinary Court of the Country or such special Courts as may be hereafter constituted by Law, the Punishments for their Offence to be left to the discretion of the Court, with this proviso, that in no case shall the penalty of Death be inflicted.
"The Natal Government are of opinion that Rebels should be dealt with according to the Law of the Colony."
The Conference then broke up. The secretaries, assisted by Advocates N. J. de Wet and Igns. S. Ferreira immediately commenced with the task of making copies and translations of the proposals of the British Government for the use of the Meeting of the Delegates at Vereeniging. This work occupied them till the evening.