In the afternoon the following preamble was read as an answer to this question:—
"The undersigned leaders of the burgher forces in the field, accepting on their own behalf and that of the said burghers the annexation proclaimed by Lord Roberts, and dated respectively on the 24th May in the year of our Lord Nineteen Hundred, and No. 15 dated on the first day of September in the year of our Lord Nineteen Hundred, and accepting as a consequence thereof their status as British subjects, agree immediately to lay down their arms, surrendering all cannon, guns, and munitions of war in their possession, or under their control, and to cease from all further opposition against the authority of H.M. King Edward VII., or his successors. They do this, relying on the assurance of H.M. Government that they and the burghers surrendering together with them shall not be deprived of their personal liberty or of their property, and that the future actions of H.M. Government with regard to the consequences of the war shall be consistent with the declaration here-under set forth. It is clearly understood that all burghers who are now prisoners-of-war, in order to share in the enjoyment of said assurance, shall declare their acceptance of the status of British subjects."
"Must we understand," asked General L. Botha, when Lord Milner had read this document,—"must we understand that our proposal is rejected entirely?"
Both Lord Kitchener and Lord Milner replied, "Yes!"
It was plain to everyone in that room who heard that answer, that we were regarded as having been conquered—completely conquered.
It was now indicated that something in the spirit of the Middleburg proposal would follow upon the preamble that had been read there, and that the exact contents and form of it would have to be agreed upon. The commission began by taking exception to the preamble, as well as to the proposal itself, and explained their objections.
No progress could be made.
After much had been said on both sides the Representatives of the British Government proposed that a sub-committee of the commission should be elected to draw up a document, together with Lord Milner, which should, if possible, be acceptable. It was then agreed that General Smuts and Judge Hertzog should act as such a sub-committee, to draft a proposal in co-operation with Lord Milner, advised by Sir Richard Solomon.
The two men who constituted the sub-committee did much. They opposed all endeavours to make the oath of allegiance obligatory. They succeeded in arranging that no judicial steps, either civil or criminal, should be taken for acts done during the war. They insisted that the Governments of both States, if a treaty of peace were made, should sign it as the Governments respectively of the South African Republic and of the Orange Free State, and thus virtually forced the British Government to treat the "annexations" of the two Republics as non-existent, and to negotiate not with late Republics, but with existing States, whose official names, and not the new names given in the annexation proclamation, it would recognise through the signatures of its Representatives.
The sub-committee also championed the cause of the colonists who had fought on our side, and although Lord Milner positively objected to any interference with what he called a matter between the Colonial Government and their own subjects, the members of the sub-committee nevertheless indirectly received the assurance that the colonists would be treated as leniently as possible.