That the Council shall be at liberty to ask any information that the Governor may be able to afford. 8. Proceeding to make some propositions respecting the judicial and other local institutions here, we deem it necessary to premise, that, in doing so, we have not only had in view the merits of these institutions themselves, but likewise the least expensive mode of carrying them out, and to render them the most acceptable for the present population; it being left to the Council, from time to time, and according to circumstances, to make or recommend any further and necessary alterations in respect thereof. We deem it desirable that the judicial functions should be administered by local officers, namely, the Landdrost or Magistrate of the District, who shall likewise fill the Situation of Čivil Government Agent or Commissioner, as in the Cape Colony, with or without the assistance of District Justices of the Peace, or Special Heemraden, and a Jury, according to the degree of jurisdiction, as well in criminal as in civil cases; -the Landdrost alone may have jurisdiction without appeal, in criminal cases to a fine of £1, IOS.; or imprisonment, with or without irons, or spare diet, for a period not exceeding 14 days; and in civil cases, to an amount not exceeding £I, IOS. That the Landdrost, with two special Heemraden, or Justices of the Peace, shall have jurisdiction without appeal, in all criminal cases not exceeding a fine of £5; or imprisonment, with or without hard labour, spare diet, or irons, for a period not exceeding one month; or a flogging of not more than 25 lashes;-and in civil cases, to a value not exceeding £5. That in all criminal cases, in which the person shall be subject to a severer punishment, or in all civil cases in which the case in issue exceeds the sum of £5, appeal may be lodged to a higher Court. That the Landdrosts, with two special Heemraden, or Justices of the Peace, shall hold a monthly Court, and decide by majority of votes; the Landdrost, or one or more of the Heemraden, shall however be at liberty himself to allow appeal in unappealable cases, when they may differ, or when they themselves have some doubt about any legal question, etc. That there shall be a superior and circuit Court once in every six months in each district, composed of the Landdrosts, of two or more adjoining Districts, and two or more of the Special Heemraden of such District, who shall have jurisdiction, without appeal, in all criminal cases in which the prisoner may have been previously guilty adjudged to a fine exceeding £10, or imprisonment with or without hard labour, for a longer period than six months, or to a whipping, in public or private, of more than 75 lashes; or to transportation out of the Colony, or to confiscation of property, or to capital punishment; in all which cases a verdict of guilty must be returned by a Jury of at least nine persons. All sentences of transportation out of the country, or imprisonment exceeding two years, or where a capital punishment is awarded, shall not be put into execution than after the Fiat of the Governor being obtained. It shall, however, be competent for two of the Members of the Court (exclusive of the Jury), in the event of difference, or any doubt, to refer Sentences of less magnitude to the approval of the Governor. That the Governor shall have the right to remit or mitigate all sentences in criminal cases. That the said Court in civil cases, without a Jury, shall have jurisdiction, without appeal, wherein the value in dispute may amount to from £10 to £20; and with appeal, in all questions of greater amount. That on the nomination of the Inhabitants of each District, who are eligible to serve on a Jury, and on the further recommendation of the Legislative Council, every two years, eight persons eligible to be chosen as Members of Council, shall be proposed to the Governor, of whom four shall be appointed as Special Heemraden, or Justices of the Peace, for that District for the said period; who shall during the continuance of their office, be exempted from all other public duties, and receive for their attendance in Court an allowance of ten shillings each, per day, besides travelling expenses; and they will likewise have the power of Justices of the Peace, as in the Cape Colony. That the Governor, or Commander-in-Chief, of the Colony, with two or more Members of the Executive Council, shall constitute a Court of Appeal, which Court shall have a Session once in three months. That all Regulations for the various Courts shall be prepared by the Legislative Council, and submitted for the sanction of the Governor. That, except in cases where local laws shall be provided, the common laws, both criminal and civil, shall be followed as they are observed in the Cape Colony. That the Dutch Language shall be used in all Courts of Law, except where the majority of the inhabitants of the District shall speak English. 9. That the Landdrost of each District shall be nominated by the Inhabitants who are entitled to choose a Councillor, and on the further recommendation of the Legislative Council be appointed by the Governor, to serve during good behaviour; that the Governor, however, may refuse to make such appointment, on the ground of incapacity or other unfitness of the person recommended; and that in such case another election shall take place;-no one being eligible for that office who is not entitled to serve as a Member of Council. That all other officers (inferior) shall be appointed by the Governor, the preference being given to persons born in the Colony, and possessing the necessary qualifications. 10. That to every town or village, at the request of the inhabitants, municipalities shall be granted; and that the Lands now granted to Villages for grazing, etc. shall not be disposed of in any other manner than to the improvement of the Village, either in waterworks, roads, or the like. II. With regard to Public Worship, we wish to submit for your recommendation, that every denomination of Christians shall be acknowledged by Government and protected against all violence, persecution, or disturbance;-That the Congregations of every Church shall be at liberty to elect and appoint their own Ministers and other Church Officers, agreeably to their own Church Laws and Regulations, without any meddling or interference on the part of Government; and that the public revenue shall not be burdened with any expenses for the support of any Church Establishment whatsoever; but that the Congregations shall themselves provide therein. That, however, no Idolatry, profane or other blasphemous sects shall be tolerated, which may tend to the corruption of morality, or disturbance of the public peace. That with respect to the Schools, the Legislature shall make provisions, as in all other legal matters. 12. With respect to our possessions in Lands, we cannot proceed to propose any particulars for your recommendation, without at the same time intimating to you, that this is a subject, in respect of which a general and lively interest is felt, and of the final result whereof, we dare not conceal it to be our firm ideas, that from that will decidedly depend the perfect satisfaction or dissatisfaction, both here and elsewhere, as far as this Colony is inhabited,-a subject which may cause unwished-for consequences if the decision of Her Majesty's Government in that respect should be hard and pressing, or unjust, according to the views of the parties concerned. Yet, on this point we must assure you, that we, relying on the spirit of the declaration made by Her Majesty, cherish a perfect confidence that Her Majesty's Government will be anxious and willing to take our interests into most favorable consideration. We perceive from the 11th Art. of the Proclamation of His Excellency the Governor, hereinbefore alluded to, that, as Her Majesty's Commissioner, you are only empowered to assure to the possessors the tenure of such Lands alone which shall have been bona fide occupied for the space of twelve months, next preceding your arrival at this place; and without any definition as to the probable extent of ground which shall be considered to be a place [i.e. a farm]. From the manifold applications which have already been made to you on this point, we hold ourselves assured, that you will have considered, both in equity and justice, and even on the principle of public good, and the advancement of the prosperity of this infant Colony, you cannot well, refuse, (in consideration of the particular circumstances herein set forth, and whatsoever else has appeared to you,) to endeavour to move Her Majesty's Government, further to extend the rights of Owners to their places, as has been allowed you by the Proclamation. They are not only the possessors of occupied Lands who consider themselves as having a just claim thereto, but also those who have obtained their Land under the same authority, who have done and suffered for the Land, and were only prevented from occupying their Land, while the hitherto existing insecurity compelled them either to reside for the present in the villages or small encampments, or to remain for mutual protection on the places of the one or other of their fellow-citizens, until an opportunity should offer that they could without imminent danger to their lives proceed to their places to cultivate and build on their own ground. When therefore all those shall not be entitled to the grants of Land alike with those who were fortunate enough to be able to occupy theirs, the majority of the people will be deprived of Land, and through damages and losses suffered, being reduced to poverty, and consequently unable to purchase from Government, it would not be too much to expect that the utmost dissatisfaction would arise,-and that those persons could be moved to continue in a Country, and therein co-operate for the common welfare, or in bearing the burdens, if they were to be deprived of all participating interest,-or to have the prospect of procuring a resting-place for themselves and their children. We are persuaded that in this case, the number of the present inhabitants on this side of the Draakberg will decrease by at least 50 p. Ct.-The consequences which will result therefrom we will not even venture to sketch; and although we doubt not but Her Majesty possesses the means of ultimately establishing order and submission, we know this for certain, that it will for a considerable time retard the safety and prosperity of this Colony, and that the measures to be adopted by Government would be attended with more expense than all the Lands we now claim are worth. [Further remarks to prove the right of those to whom titles to land have been issued by the Volksraad.] 13. A free Trade, which we would wish Her Majesty's Government to grant to this Country, with all Nations, even as to the most favoured of the British Colonies. The trade with the Zoolahs and other Border Nations, we deem necessary to be at first most strongly forbidden, until the necessary laws can be framed in that respect; and under such regulations, that the trade in arms and ammunition may be prevented and prohibited. 14. That no Colonial Paper Money shall be introduced, but only English Sterling Money. 15. That no Burghers of the Land, or their Children, shall be pressed or forced into the Military Service; we consider a request which Her Majesty's Government will readily concede. 16. With respect to the limits of this Colony, to the North, we beg you to recommend, to fix the same to the so-called Drakensberg; (from where all running water takes a course to the sea, South and South-eastward,) until the willingness of the Inhabitants of the very extensive parts to the North of the said Drakensberg shall have been ascertained, to participate in the privileges already granted, or hereafter to be granted to this Colony, by Her Majesty; which measure we deem will be the least expensive, and will bring about a speedier settlement of all matters,-hasten the population of the Country on this side of the Mountain, and make the management so much easier. 17. [The immigration of those only who are able to support themselves on arriving should be allowed.] 18. [Renewed professions of sincerity in submitting to British rule.] Apologising for the liberty we have taken herein, we have the honour, with great respect, to be, SIR, Your most obedient humble Servants, President and Members of the Council, J. BODENSTEIN, Secretary of Council. P.R.O., MS. copy of translation in C.O. 48/235. BRITISH AUTHORITY CONSOLIDATED. [5 Oct. 1843.] No. 108. Treaty between HENRY CLOETE, Esq., Her Majesty's Commissioner for Natal, and PANDA, King of the Zulus. ART. I. There shall be henceforward and for ever peace |