The proceedings were submitted for approval. By this time, however, the Governor had withdrawn the delegation to the Commandant of Militia of authority to confirm or revise sentences imposed by courts-martial. This withdrawal had occurred, not because of any dissatisfaction with the manner in which the Commandant had discharged the duty, but because there then appeared to be no pressing necessity for the duty to be exercised otherwise than in the ordinary way.[124]
The evidence and proceedings were carefully reviewed by the Governor-in-Council. As they appeared to be in order, and as there was no indication of injustice having been committed, the Governor accepted the advice of his Ministers that the sentences should be carried into effect. A cable on these lines was sent to the Secretary of State for the Colonies on the 27th. Lord Elgin replied in the following terms: "Continued executions[125] under martial law certain to excite strong criticism here, and as His Majesty's Government are retaining troops in Colony and will be asked to assent to Act of Indemnity, necessary to regularize the action taken, trial of these murder cases by civil courts greatly to be preferred. I must impress upon you necessity of utmost caution in this matter, and you should suspend executions until I have had opportunity of considering your further observations." In a lengthy cable to the Secretary of State explaining the position, Sir Henry McCallum said, inter alia: "On receipt of your telegram ... I requested Prime Minister ... to order suspension of executions which had been fixed for to-morrow pending further instructions from your Lordship. He replied that he regretted that he could not authorise suspension of executions which had been confirmed after full and deliberate consideration. I ... explained that this decision would oblige me ... to exercise prerogative of the Crown ... and to cancel death warrant which I had signed. He quite recognised this, but said that, as a most important constitutional question was involved, he would feel obliged if I would give him written instructions. This I did, upon which he wrote me following minute: 'As your Excellency has thought it necessary to give instructions to suspend executions which were confirmed by the Executive Council and appointed to be carried out on Friday next, I feel that it is impossible for me to continue in office as Prime Minister, and I beg to tender my resignation. My colleagues are unanimous in supporting me in what, under the present circumstances, appears to be most important constitutional question.'" As, however, Lord Elgin's direction was that suspension should operate only until he had had an opportunity of considering Sir Henry McCallum's further observations, the latter requested the Ministry to retain office during his further communication with the Secretary of State. This Mr. Smythe and his colleagues agreed to do.
The action of the Imperial Minister instantly caused a commotion throughout the length and breadth of Natal. The press was loud in its denunciation of what was looked on as unnecessary interference in the internal affairs of a self-governing Colony, and as seriously undermining local authority in the eyes of the Natives. Nor was surprise confined only to the people in the Colony. The Governor-General of Australia cabled, in the name of his Ministers, to Lord Elgin on the 31st: "Since an intervention of His Majesty's Ministers ... with the administration of the self-governing Colony Natal would tend to establish, even in regard to prerogative of pardon, a dangerous precedent affecting all states within the Empire, Your Excellency's advisers desire most respectfully to appeal to His Majesty's Ministers for reconsideration of the resolution at which they are reported to have arrived on this subject." The Governor of New Zealand, too, was requested to "ascertain precise position in respect to action ... in instructing Governor of Natal to postpone the execution...."[126] Lord Elgin had, however, already cabled (on 30th) to Sir Henry McCallum that "His Majesty's Government have at no time had the intention to interfere with action of the responsible government of Natal, or to control Governor in exercise of prerogative. But your Ministers will, I feel sure, recognize that, in all the circumstances now existing, and, in view of the presence of British troops in the Colony, His Majesty's Government are entitled, and were in duty bound to obtain full and precise information in reference to these martial law cases, in regard to which an Act of Indemnity has ultimately to be assented to by the Crown. In the light of the information now furnished, His Majesty's Government recognize that the decision of this grave matter rests in the hands of your Ministers and yourself." The Secretary of State went on to express regret that Sir Henry McCallum did not keep him informed by telegraph of the steps he was taking, pointing out that it was the lack of such information that had necessitated the telegram directing suspension. The Governor took the rebuke in a dignified manner, although it was generally believed in the Colony that he had been assiduous in the discharge of his duties and had kept Lord Elgin fully informed.
The murderers of Hunt and Armstrong, twelve in number, after a trial that was in every way fair and impartial, were shot at Richmond in the presence of a large number of Natives, including Chiefs, at mid-day on the 2nd April, the firing-party consisting of comrades of the deceased. There is no doubt that the public execution of these men, who met their death with fortitude, created a profound impression on the Native population, and had no small share in checking the spread of the Rebellion, not only in that district, but in other parts of the Colony. Nor is it too much to say that the resolute action of the Government on that occasion will serve as a lesson for many years to rebelliously inclined Ethiopians throughout South Africa.
Swayed by certain Members in the House of Commons, Lord Elgin cabled on the 6th April to the Governor to know if the warrant held by the police on the 8th February, as well as other documents connected with the executions, could be produced. The cabled reply of Ministers, whilst intimating ability and readiness to furnish any information that might properly be called for, and appreciating the position in which the Secretary of State was placed, contained a request that they might be protected "from harassing interference on the part of Members of the House of Commons in regard to matters for which Ministers are themselves solely responsible."
And no further application seems to have been made.
FOOTNOTES:
[97] What happened at Polela was briefly this: In consequence of the local police being unable to arrest two Natives at one Luplankwe's kraal, on a charge of contempt of court, a stronger body, including half-a-dozen European farmers and members of the accused's tribe, proceeded, on the following morning, to execute the warrant. In spite of many attempts to induce the accused to surrender, they refused to do so. They, and eight others, armed themselves with shields and assegais. An altercation arose and assegais were thrown, one of the police party being killed and another wounded. Orders were then given to fire. The accused and four others were killed, and three wounded. The affair was apparently confined to the one kraal. It created a considerable sensation, and formed the subject of special inquiry by direction of the Governor.
[98] Natal Law Reports, 1895, vol. xvi. 239.