No. 12. SECOND SURRENDER OF THE CAPE TO THE BRITISH. [19 Jan. 1806.] Articles of Capitulation proposed by Lieut.-General JANSSENS, Governor, and Commander-in-Chief of the Batavian Forces at the Cape of Good Hope, to Brigadier-General Beresford, duly authorised by Major-General Sir DAVID BAIRD, K.C., and Commodore Sir HOME POPHAM, K.M., Commanding the Military and Naval Forces of His Britannic Majesty. ARTICLE I. As soon as this Capitulation is signed the whole of the Settlement of the Cape of Good Hope, with all its Dependencies, and all the rights and privileges held and exercised by the Batavian Government, will be considered as surrendered by the Governor, Lieut. - General Janssens, to His Britannic Majesty. ARTICLE 8. The inhabitants of the Colony who are comprehended in this Capitulation are to enjoy the same rights and privileges as have been granted to those in Cape Town, according to the Capitulation of the 10th instant. ARTICLE I. Agreed to. ARTICLE 8. Agreed to-with the exception of not quartering Troops, the Country not having the same resources as the Town, and this right having been always an appendage to the Batavian Government. 18 Jan. 1806. Ratified and confirmed, 19 Jan. 1806. No. 13. THE FARMING OUT OF LICENSES. [25 July 1807.] Government Advertisement.-Notice is hereby given, that His Excellency the Governor and Commander-in-Chief has been pleased to appoint a Committee, consisting of the following gentlemen, with power to put up to Auction, and Farm out to the highest Bidder, the Wine, Brandy, and Foreign Liquor Licenses, for the ensuing Twelve Months, commencing from the Ist of September. The Particulars of the Contract may be seen both at the Colonial Secretary's and Fiscal's Offices. Names of the Committee-W. S. Van Ryneveld, Esq., His Majesty's Fiscal; F. Dashwood, Esq., Receiver-General; C. Brand, Esq., Collector of Tythes; J. P. Baumgardt, Esq., Receiver-General of Land Revenue. The Auction will be at the Burgher Senate House, on Friday the 14th of August next, at 9 o'clock in the Forenoon. Castle of Good Hope, 25th July 1807. By Command of His Excellency the Governor, Procls., etc., p. 62. VAGRANCY AND CONTRACTS OF HIRE. No. 14. Proclamation.-By His Excellency Du PRÉ, EARL OF CALEDON, etc. [1 Nov. 1809.] WHEREAS it appears that the provisions made from time to time, for securing the fulfilling of Contracts of Hire between the Inhabitants of this Colony and Hottentots, are not sufficient for the intended purpose; and, whereas for the benefit of this Colony at large, it is necessary, that not only the Individuals of the Hottentot Nation, in the same manner as the other Inhabitants, should be subject to proper regularity in regard to their places of abode and occupations, but also that they should find an encouragement for preferring entering the service of the Inhabitants to leading an indolent life, by which they are rendered useless both for themselves and the community at large. I therefore have thought proper to establish and ordain, and by these Presents do establish and ordain: 1. That all and every Hottentot in the different Districts of this Colony, in the same manner as all Inhabitants, shall have a fixed Place of Abode in some one of the Districts, and that an entry of the same shall be made in the Office of the Fiscal, or the respective Landdrosts, and that they shall not be allowed to change their place of abode from one District to another, without a Certificate from the Fiscal, or Landdrost of the District from which they remove; which Certificate they shall be bound to exhibit to the Fiscal, or Landdrost of the District where they intend to settle, for the purpose of being entered in their Office; while every Hottentot neglecting this order, shall be considered as a Vagabond, and be treated accordingly. 2. That every Inhabitant who engages a Hottentot in his service for the space of a month, or any longer period, shall be bound with the same to make his appearance before the Fiscal, or Landdrost, or the Field-Cornet of his District, and there enter into, and sign in triplo, a proper written Contract, containing (a) The name of the Person who takes into service; (d) The amount of the Wages; Such further Conditions as the Persons contracting shall agree upon. Of which Contract, after having been duly signed in triplo, each of the Parties shall be furnished with one counterpart, and the third counterpart is to remain in the Office of the Fiscal, Landdrost, or Field-Cornet; while, for the sake of facilitating the execution of this measure as much as possible, the Fiscal and respective Landdrosts shall, upon applying for the same, be furnished on the part of Government, gratis, with the necessary printed Copies for their own Offices, and those of the Field-Cornets under them. This being neglected, no Contract of Hire against a Hottentot shall stand good; and in case where it is proved that the Hottentot was ignorant of these present Regulations, upon the existence of a Hire Contract being satisfactorily proved, the engagement shall stand good in favour of the Hottentot, who shall be entitled to all the advantages secured by this Proclamation, to Hottentots entering into Contracts before the Fiscal, Landdrost, or Field-Cornet. [Etc.] Procls., etc., p. 119. SALE OF CHRISTIAN SLAVES. No. 15. Proclamation.-By His Excellency Lieutenant-General Sir JOHN FRANCIS CRADOCK, etc. [9 Oct. 1812.] WHEREAS by a Resolution taken by the Governor in Council at Batavia, dated the 10th of April 1770, it is enacted and prescribed, that Slaves who have been catechised and confirmed in the Christian Religion, shall not be sold and whereas by experience it has appeared, that a Law intended for the promotion of Christianity and true Religion, has not been attended with the desired, but rather the contrary, effect: His Excellency hereby enacts and ordains, that the said Clause of the Batavian Law of 1770 be repealed and of no effect; and it is hereby repealed and annulled, from the date of this Proclamation. And that no Person may plead ignorance hereof, this shall be published and affixed as usual. Procls., etc., p. 210. CESSION OF THE CAPE TO GREAT BRITAIN. No. 16. CONVENTION BETWEEN GREAT BRITAIN AND THE In the Name of the Most Holy and Undivided Trinity, The United Provinces of the Netherlands, under the favour of Divine Providence, having been restored to their Independence, and having been placed by the Loyalty of the Dutch people and the achievements of the Allied Powers, under the government of the Illustrious House of Orange: And His Britannick Majesty being desirous of entering into such arrangements with the Prince Sovereign of the United Netherlands, concerning the Colonies of the said United Netherlands, which have been conquered by His Majesty's arms during the late war, as may conduce to the prosperity of the said State, and may afford a lasting testimony of His Majesty's friendship and attachment to the family of Orange and to the Dutch nation: the said High Contracting Parties, equally animated by those sentiments of cordial good will and attachment to each other, have nominated for Their Plenipotentiaries: namely, His Majesty the King of the United Kingdom of Great Britain and Ireland, the Right Honourable Robert Stewart, Viscount Castlereagh, .; and His Royal Highness the Prince of Orange-Nassau, Prince Sovereign of the United Netherlands, His Excellency Henry Fagel,...-who, after having exchanged their full Powers, found in good and due form, have agreed to the following Articles: ARTICLE I. His Britannic Majesty engages to restore to the Prince Sovereign of the United Netherlands, within the term which shall be hereafter fixed, the Colonies, Factories, and Establishments which were possessed by Holland at the commencement of the late war, viz. on the 1st of January 1803, in the Seas and on the Continents of America, Africa, and Asia; with the exception of the Cape of Good Hope and the settlements of Demerara, Essequibo, and Berbice, of which possessions the High Contracting Parties reserve to Themselves the right to dispose by a Supplementary Convention hereafter to be negociated according to Their mutual interests; and especially with reference to the provisions contained in the 6th and 9th Articles of the Treaty of Peace signed between His Britannick Majesty and His Most Christian Majesty on the 30th of May 1814.1 1 ART. VI. Holland, placed under the Orange, shall receive an increase of territory. Sovereignty shall not in any case belong to a Sovereignty of the House of ARTICLE II. His Britannick Majesty agrees to cede in full Sovereignty the Island of Banca, in the Eastern Seas, to the Prince Sovereign of the Netherlands, in exchange for the Settlement of Cochin and its dependencies on the coast of Malabar, which is to remain in full Sovereignty to His Britannick Majesty. ARTICLE III. The places and forts in the colonies and settlements, which by virtue of the two preceding articles are to be ceded and exchanged by the two High Contracting Parties, shall be given up in the state in which they may be at the moment of the signature of the present Convention. ARTICLE IV. His Britannick Majesty guarantees to the subjects of His Royal Highness the Prince Sovereign of the United Netherlands, the same facilities, privileges, and protection, with respect to commerce and the security of their property and persons within the limits of the British Sovereignty on the Continent of India, as are now or shall be granted to the most favoured nations. His Royal Highness the Prince Sovereign, on His part, having nothing more at heart than the perpetual duration of peace between the Crown of England and the United Netherlands, and wishing to do His utmost to avoid anything which might affect Their mutual good understanding, engages not to erect any fortifications in the Establishments which are to be restored to Him within the limits of the British Sovereignty upon the Continent of India, and only to place in those Establishments the number of troops necessary for the maintenance of the Police. ARTICLE V. Those Colonies, Factories, and Establishments, which are to be ceded to His Royal Highness the Sovereign Prince of the United Netherlands by His Britannick Majesty, in the Seas or on the Continent of America, shall be given up within three months, and those which are beyond the Cape of Good Hope within the six months which follow the ratification of the present Convention. ARTICLE VI. The High Contracting Parties, desirous to bury in entire oblivion the dissensions which have agitated Europe, declare and promise, that no individual, of whatever rank or condition he may be, in the countries restored and ceded by the present Treaty, shall be prosecuted, disturbed, or molested in his person or property, under any pretext whatever, either on account of his conduct or political opinions, wear a foreign Crown." [The rest of the article refers to Germany, Switzerland, and Italy.] ART. IX. His Majesty the King of Sweden and Norway, in virtue of the Arrangements stipulated with the Allies, ... consents that the Island of Guadalope be restorea to His Most Christian Majesty, and gives up all rights He may have acquired over that Island." |