The next morning a treaty was formally agreed to, and hostilities suspended. Hintza, together with Krieh, his principal son, and their followers, continued in the camp at their own desire; and on the 2nd of May they accompanied the troops, when the latter took their departure from the Izolo, and commenced their retrograde movement.

At a deserted trading station, where the division halted during the middle of the day, and where Bokoo, Hintza’s brother, and a chief joined the party, an express was received by Colonel Somerset that the Kaffirs were massacring the Fingoes, who had placed themselves under British protection, and were preparing to accompany the retreat of the troops. Sir Benjamin d’Urban thereupon summoned to his presence Hintza and his suite, who up to this period had been under no restraint, and informed them that, after sufficient time had elapsed for the Kaffirs to be made aware of the perilous situation of the sovereign, for each Fingo who should be murdered two Kaffirs should be hanged, and that the first selected should be Hintza and his brother Bokoo. On the division moving and encamping on the Debakazi, the whole of the now captive guests and followers were disarmed, and most of them dismissed the camp. The few whom the chief Hintza was allowed to retain, together with Bokoo, Krieh, and the Hemraden, were placed under a guard of 1 captain, 2 subalterns, and 90 men of the regiment, who had orders to use extraordinary measures of precaution, and to shoot any of their prisoners except Krieh, should there be an attempt at escape or rescue.

The Governor remained here some days, and on the 9th Colonel Somerset, having previously marched towards the colony with the Fingoes and captured cattle, moved on with the division, now augmented by the greater part of the Cape corps, and encamped on the left bank of the Kei at Lapstone Drift. Here, on the morning of the 10th, the Commander-in-Chief declared, under a royal salute, and in presence of Hintza, who was marched a prisoner into the square for the purpose, that the Kei was to be the future boundary of the colony, and that the chiefs Macomo, Tyali, Eno, Bothina, T’Slambie, Dushani, &c., and their tribes, were for ever expelled from the new territory, and would be treated as enemies if found therein. The territory was named the province of Queen Adelaide. The Commander-in-Chief gave as his reason for taking this step, “the absolute necessity of providing for the future security of the colony against unprovoked aggression, which could only be done by removing these treacherous and irreclaimable savages to a safer distance.”

After this, Hintza was informed by the Governor that he would retain Krieh and Bokoo as the hostages required by the treaty entered into at the Izolo, and that he had a right to send him to Cape Town as a prisoner of war, but would refrain from doing so on his accompanying Colonel Smith through the country, and exerting his authority to collect the horses and cattle due. Upon Hintza engaging to do so, he was marched back to the guard, and his arms restored to him. He was shortly after handed over by the 72nd to a party of the corps of Guides, and proceeded with Colonel Smith accordingly. As soon as the party, with which was Captain Murray with two companies of the regiment, amounting in all to 500 men, had marched on the destined service, the Governor broke up his camp and marched to the Impotshane, where a Post named “Wardens” was immediately commenced.

On the morning of the 17th the party under Colonel Smith rejoined headquarters, having, in the words of the General Order, “marched 218 miles in seven days.” They had crossed the Bashee, taken 3000 head of cattle, and succeeded in bringing off 1000 Fingoes, who from their remote situation had been unable before to join their countrymen, now under British protection. Major White, with a detachment of the Cape corps, was cut off whilst reconnoitring the country. This was the only loss on the British side. Hintza, however, met with his death while attempting to make his escape on the 14th, near the N’gabaxa. Although he had already received two severe wounds, he was shot by one of the corps of Guides, formerly a Kaffir trader, of the name of Southey. Even those who attempt to justify the deed characterise it as an untoward event.

On the following day, the 18th of May, Sir Benjamin d’Urban entered into a treaty with Krieh, now the principal chief, who took upon himself his father’s engagements, and was permitted to receive the border tribes: Bokoo and Vadanna being left as hostages, the young chief was escorted into his own country. During these transactions Major Cox had not been inactive, but had perpetually harassed the Kaffirs, now seeking individual safety, and was on the point of entering into negotiations with Macomo and Tyali, who on the 13th were prepared to come into his camp, when they received a message from Hintza that he was a prisoner, and advising them to take care of themselves. This advice they followed, although they did not retaliate by detaining Major Cox, who was in their power, without the means of resistance.

On the 20th of May, the work being finished, and a force of 2 subalterns and 80 rank and file of the regiment being left behind to garrison the place, the remainder marched to the Komga, and halting there, constructed a Post, called Fort Wellington. Having left 1 subaltern and 25 rank and file of the regiment, and some provisional troops, to garrison it, the division marched to Brownlie’s missionary station, on the Buffalo, which it reached on the 23rd. Here the Governor determined on fixing the future capital of the province, which was named King William’s Town; a fort, named “Fort Hill,” being completed and garrisoned, the plan of the town was laid out, and the troops commenced hutting themselves.

On the 10th of June the Governor left King William’s Town, and, the division being broken up, gave over the command of the troops to Colonel Smith. On the 12th the Light Company marched to join Captain Jervis at the sources of the Buffalo, where a Post called Fort Beresford was constructed; and on the same day, Captain Lacy, with 30 men of his company and some provisional troops, marched to form a Post at Mount Coke, called Fort Murray. The exertions of the troops continued unremitting, not only in completing the works of the different Posts, but also in patrolling the country. For their success in these duties they were repeatedly thanked in General Orders.

On the 9th of July a new Post, named Fort Cox, was established at Burn’s Hill by Major Cox, and garrisoned by a detachment of the 75th Regiment. During the whole of this month patrolling was continued with unabated activity, but the Kaffirs, now become desperate, were successful in their efforts at Keiskamma. Lieutenant Baillie and a patrol of 30 men of the 1st Provisional Battalion were overpowered and killed to a man on the Commity flats, whilst retreating from the Keiskamma Hoek. Fifteen men of a foraging party from King William’s Town were killed at the Kamka, or Yellow Wood Trees; and on the 20th, Gazela made a vigorous but unsuccessful attack upon Fort Wellington, when Private Storey of the 72nd was killed.

On the 8th of August the Kaffirs made a successful attack on the Fingoes in the Cedul Territory, carrying off all their cattle; and on intelligence being received at King William’s Town, a large patrol of the regiment under Major Maclean was sent in pursuit. Their rations having, however, been expended, they were compelled to return without being able to retake the cattle or attack the Kaffirs with effect, although the latter hovered about with loud shouting and cheers during the march, and kept up a desultory fire on the detachment. In consequence of the report made by Major Maclean, and intelligence obtained that Macomo and Tyali were in great force on the Amatola and Izinuka mountains during the night of the 11th of July, Major Maclean and 40 men of the regiment, and 150 Provisionals from King William’s Town, and 1 officer and 40 men of the 72nd, with 40 of the Provisionals from Fort Beresford, and the Kat River legion from Camp Adelaide, were assembled at Fort Cox. At no period since the commencement of hostilities did affairs wear a more unsatisfactory aspect. The Kaffirs, emboldened by success, watched from their fastnesses the movements of the troops, and took advantage of every circumstance to harass them and cut off stragglers. They made frequent and incessant forays within the colony: the difficulty and expense of providing for the large force necessarily kept up increased every day: the Dutch Burgher force had been allowed to return to their homes; and among the now dispirited Hottentot levies, discontent and insubordination were making rapid progress. Under such circumstances Sir Benjamin D’Urban took the most effectual means to put a speedy end to the war. He again called out a large proportion of the Burgher force, whom he now ordered to receive a fixed rate of pay; and at the same time he despatched Brigade-Major Warden to Fort Cox to treat with the frontier Kaffirs, on condition of their becoming British subjects. An opportunity soon offered. Major Cox, having barely sufficient garrison in Fort Cox, divided the remainder and the reinforcement that were concentrated at his Post into three divisions, which, sallying from the fort, were everywhere successful, occasioning considerable loss to the enemy. They reassembled at the Gwali, where, a communication having been opened with the chiefs, Major Cox bivouacked.