Lord Milner's Work in South Africa / From its Commencement in 1897 to the Peace of Vereeniging in 1902

by W. Basil Worsfold

Anti-British libels.

The registration of electors, which, under the provisions of the colonial law, was directed to take place not later than the last day of February, 1901, was postponed to a more convenient season. The existing register, while it contained the names of—it was estimated—ten thousand persons disfranchised, or about to be disfranchised, for rebellion, and of some thousands of others then in arms against their sovereign, failed to include persons who had acquired the necessary qualifications since the date of the last registration (1899). Apart from the unsatisfactory condition of the voters' lists, there were other circumstances that made it undesirable as well as difficult not merely to hold the elections necessary to fill up the nine or ten vacant seats in the Legislative Assembly, but even to summon Parliament. Locomotion in many parts of the Colony was inconvenient, and sometimes dangerous. So large a proportion of the members of both chambers were absent in Europe, or engaged either in repelling the invaders or in repressing rebellion, that the remainder, if assembled, would present a mere simulacrum of the actual legislature of the Colony. Moreover, it was necessary that no fresh opportunities for promoting disaffection should be provided by discussions in Parliament or contested elections. The "carnival of mendacity" which, culminating in the Worcester Congress, was mainly responsible for the second invasion of the Colony, had been inaugurated by the inflammatory speeches delivered in the last session of Parliament by the Afrikander members during the debates on the Treason Bill. The spirit of malevolence displayed at this period by the anti-British Press, whether printed in Dutch or in English, may be inferred from the list of convictions reported on April 19th by Sir W. Hely-Hutchinson to the Colonial Office. Mr. Albert Cartwright, editor of The South African News (the reputed organ of Mr. Merriman and Mr. Sauer), was found guilty of a defamatory libel on Lord Kitchener, and sentenced to twelve months' imprisonment without hard labour. Mr. Advocate Malan, editor of Ons Land (the reputed organ of Mr. Hofmeyr), was found guilty of a defamatory libel on General French, and sentenced to a similar term of imprisonment. Mr. de Jong, editor of The Worcester Advertiser, and Mr. Vosloo, editor of Het Oosten, were both convicted of the same offence as Mr. Malan, and sentenced to six months' imprisonment without hard labour, while the former was further charged with a seditious libel attributing atrocities to the British troops, in respect of which he was convicted and sentenced to a fine of £100 or two months' imprisonment.[278]

The extension of martial law in January (1901) had made such excesses, whether on the platform or in the Press, no longer possible. But the Afrikander nationalists in the ports, and especially in Capetown, continued to render assistance to the guerilla leaders, both by providing intelligence of the plans of the British military authorities, and by forwarding supplies of arms and ammunition, until the time (October 9th) when these towns were placed, like the rest of the Colony, under martial law.

In these circumstances Sir W. Hely-Hutchinson, acting on the advice of his ministers, prorogued the Cape Parliament from time to time, until the actual termination of hostilities made it possible for the inhabitants of the Colony to return to the normal conditions of their political life. As, however, the provision for the ordinary cost of administration made by the Colonial Parliament in its last session did not extend beyond June 30th, 1901, it became necessary to provide for the expenditure of the Colony after this date by the issue of Governor's warrants, under which the Treasurer-General was authorised to pay out funds in anticipation of legislative authority. This technically illegal procedure, by which the authority of the Governor was substituted temporarily for that of Parliament, was advised by the Cape ministers and sanctioned by Mr. Chamberlain. In this way provision was made for the financial needs of the Government; and when, after the war, the Cape Parliament was able to meet again, the necessary bills of indemnity, legalising these acts of the Governor and acts committed by the military authorities in the administration of martial law, were passed in due course.[279]

Breakdown of government.

The only alternative course was the suspension, or abrogation, of the Cape constitution by the Home Government. In view of the appeal for the suspension of the constitution made to Mr. Chamberlain a year later, and refused by him—an appeal which was endorsed by the judgment both of Lord Milner and Mr. Cecil Rhodes, and supported by the majority of the loyalists of both nationalities—it is interesting to observe that petitions addressed to the Governor in June, 1901, reveal a considerable body of opinion in favour of the proposal at this date. These petitions came from the British inhabitants of the small towns in the Eastern Province, since, in the vigorous language of one of the petitioners, "it's those who live in small towns that feel the Bond's iron heel." And the same correspondent asserts that a great number of persons have been prevented from signing the petition, although they approve of it, by fear of the "Bond boycott," adding, "Some of the Bond members have already remarked, 'Now martial law is on we are not in it; but wait until it's removed, then it will be our turn.'"[280]

The collapse of the system of responsible government in the Cape Colony was complete. The truth upon which Lord Durham insisted in his famous Report on Canada, that responsible government is only possible where an effective majority of the inhabitants are British, was once more demonstrated. In the granting of supplies, the characteristic function of the lower chamber, the authority of the Governor was now substituted for that of Parliament. The endeavour to check the rebellion by the agency of the civil courts had been already abandoned. The lenient penalties of the Treason Bill had produced a large increase of disaffection. On April 6th, 1901, a notice was issued by the Attorney-General warning the public that "any act of treason or rebellion and any crime of a political character" committed after the 12th instant would be brought no longer before the Special Tribunals, with their mitigated penalties created by the Act of 1900, but dealt with by the ordinary courts, and punishable by the severe penalties of the common law of the Colony. But this warning of the Attorney-General was superseded a fortnight later (April 22nd), by a notice, issued by Lord Kitchener and published by the Cape Government, under which it was declared that—

The military courts.

"All subjects of His[281] Majesty and all persons residing in the Cape Colony who shall, in districts thereof in which martial law prevails, be actively in arms against His Majesty, or who shall directly invite others to take up arms against him, or who shall actively aid or assist the enemy or commit any overt act by which the safety of His Majesty's forces or subjects is endangered, shall immediately on arrest be tried by court martial, convened by my authority, and shall on conviction be liable to the severest penalties of the law."

The decision to deal with such cases by military courts was taken by Lord Kitchener, after consultation with Lord Milner, on the ground that the state of the midland and north-western districts was such that "only prompt and severe punishment could stop the spread of rebellion and prevent general anarchy."[282] The Cape Government, however, in assenting to the measure, stipulated that certain conditions should be laid down for the constitution and procedure of the military courts, sufficient to check the more obvious abuses to which such tribunals are liable. These conditions, as expressed in a minute of Sir James Innes, the Attorney-General, were embodied in a set of instructions issued by Lord Kitchener to his officers concurrently with the publication of the notice of April 22nd. Nor was this all. In view of the continued assistance known to be rendered to the Boer and rebel commandos by the Afrikander nationalists, martial law was extended, on October 9th, to the Cape ports; and on December 2nd the British Government announced that, as the result of the establishment of martial law at the South African ports, no persons would be allowed to land in South Africa from January 1st, 1902, onwards without a permit, except under certain special circumstances.[283]