An arbitration board of three was appointed, consisting of Mr. Campbell for the British government, Mr. Jeppe for the Transvaal, and Mr. Keate, then lieutenant governor of Natal, to act as referee. The arbitrators met at Bloemhof, and witnesses were called from all directions, Griquas, Korannas, Batlapins, Barolongs, Boers and Englishmen all giving evidence. Of course the Transvaal and English arbitrators could not agree, and after a very protracted sitting Mr. Jeppe went “huis toe,”[[56]] or home, Mr. Campbell following his example and returning to the diamond fields.

Lieut. Governor Keate then took the matter into his own hands, completed the arbitration and decided that the territory in dispute belonged to the native tribes, and that the Transvaal had no shadow of claim to it or any part of it. The award, however, did not deal with details, the whole of which and the conflicting claims of the natives were left to be settled in the future. No beacons were laid down by the arbitrators to prevent after disputes, and as may be supposed it was not long before the territorial and land questions bred troubles with which the civil powers were unable to cope without resorting to arms.

Mr. Campbell assured every one on his return that the British government had won the arbitration, and his reasons for so considering were that although the award was formally recorded for the natives the territory was sure to come into the hands of the British government. Those, therefore, who had lodged formal land claims were all the more eager for their titles to be registered.

The land commissioners as soon as they commenced discussing the principle upon which land should be dealt with came to loggerheads amongst themselves, Mr. Holden Bowker proposing that all the land at the disposal of the government should be given out on the Queenstown system, of which he was the author, to which suggestion his colleagues were opposed, each having a plan of his own. The “Queenstown system” of settling the land was granting to applicants land at a nominal rental, each grantee being bound to occupy the land personally, to keep a certain number of men provided with arms and liable to be called out when needed to go on commando, and to appear at an annual review to be held in the district.

The government to put an end to the wrangle informed the commissioners that it was not their duty to grant titles nor to settle the principle upon which the land was to be given out. Mr. F. T. Orpen, who had been nominated surveyor to government, declined to hold the office of commissioner any longer and sent in his resignation. He pointed out that it could not have been the original intention of the government that the commissioners should only collect the documents upon which land claims were founded, as one commissioner could have done that as well as three. There is little or no doubt, however, that the fault attached to this broken promise was committed at the instance of the imperial government, who had not yet settled with Waterboer, fearing the heavy responsibilities that would be involved in so doing.

This course of action made the Free State all the bolder in its demands and its authorities sent to Pniel demanding from the diggers the license money for claims and stands which, if paid, would have enriched the Free State treasury to the extent of at least £1,500 a month—the claim licenses being charged at a rate of 10s. each per month.

The Berlin missionaries, who laid claim to Pniel as their property, protested, and the English diggers, together with many of the Boers who hailed from the Cape Colony and were digging at Pniel at the time, refused to pay.

The Free State threatened force. The diggers laughed at the menace when the Free State government called out a commando, which was instantly responded to by the Boers, and quite an army of Vrijstaat cavalry came over the border and encamped on a flat situated close to the river, about three miles from the Pniel diggings. Tax-gatherers were sent in to warn the diggers that if they failed to pay the army would move in and smite them hip and thigh. Messages were returned more plain than polite.

At this time there were about 4,000 diggers at Pniel, so the Free Staters maintained “a masterly inactivity” for several weeks, when some of them rode into the camp and blustered considerably. The diggers simply regarded their invaders as so many butts for ridicule, and the natives, who thoroughly enjoyed the fun, added to the diggers’ amusement by jumping up behind the riders on the Boer volunteers’ horses, which were gorgeously caparisoned with navy-blue saddle-cloths richly adorned with embroidery of yellow and red braid, while other dusky humorists seized the tails of the horses, laughing and shouting with all the artless glee and abandon of the sons of Ham.

The “army” saw it was useless to attack Pniel and some of the wisest of them made their way back to their farms and donned their mole-skins again. The bulk of them thought, however, that they would try and force money out of the diggers at the smaller camps, and selected for the experiment Waldek’s plant (where a number of English colonists were at work) thinking to take them by surprise, but the Free State Boers have no more love for being taxed than have their brethren in the Transvaal or in the Cape Colony, and certain of them in kindly sympathy took care to let the Waldek’s plant diggers know of the movements of the army. When the warriors rode into Waldek’s plant they found themselves face to face with armed men behind two small field-pieces and were given to understand that if they did not wheel about and be off they would be fired at. The advice of Bombastes, “begone brave army and don’t kick up a row,” was given in sober earnest.